HomeMy WebLinkAbout2018.05.21 Council Meeting PacketRegular Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
May 21, 2018
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by roll call vote as one motion
(in the form listed below). There will be no separate discussion of these items. If
further discussion is desired by Council members or the public, the item may be
removed from the Consent Agenda to the Regular Agenda and considered
separately.
4 - 9 (a) Approval of Minutes
To approve the minutes of the Pasco City Council dated May 7, 2018.
10 - 12 (b) Bills and Communications
To approve claims in the total amount of $1,633,270.99 ($825,675.86 in
Check Nos. 222297-222556; $58,820.87 in Electronic Transfer Nos.
820765, 820804; $32,575.12 in Check Nos.51624-51658; $716,199.14 in
Electronic Transfer Nos. 30120311-30120820).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non-
criminal, criminal, and parking) accounts receivable in the total amount of
$202,499.49 and, of that amount, authorize $143,508.08 to be turned over
for collection.
13 - 53 (c) NPS Grant for Survey of African American Properties in Pasco (MF#
HIST 2018-001)
To authorize the City Manager to execute the National Parks Service (NPS)
Grant Contract.
MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
Page 1 of 90
Regular Meeting May 21, 2018
54 (a) Presentation of Proclamation for "Public Works Week"
Council to present Proclamation to Steve Worley, Public Works Director
5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for debate or
for the posing of questions with the expectation of an immediate response. Some
questions require consideration by Council over time and after a deliberative
process with input from a number of different sources; some questions are best
directed to staff members who have access to specific information. Citizen
comments will normally be limited to three minutes each by the Mayor. Those with
lengthy messages are invited to summarize their comments and/or submit written
information for consideration by the Council outside of formal meetings.
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
55 - 68 (a) Use of Personal Fireworks
MOTION: I move to adopt Ordinance No. 4385, Amending Section
16.40.050 “Substitution for Section 5608 of the IFC Fireworks”; Adopting
Section 16.40.051 “Substitute for Section 5601.1.3 Fireworks”; Amending
Section 16.40.060 “Amendment of Section 5608.2 Fireworks Permits, to the
IFC”; Adopting Chapter 5.80 “Fireworks Sales”; and Amending Section
3.07.050 “Business Licenses” and, further, authorize publication by
summary only.
69 - 73 (b) PSD 2018 Capital Facility Plan Update and Impact Fee Report
MOTION: I move to approve Resolution No. 3837, incorporating the 2018
Pasco School District's 2018 Update of the Capital Facilities Plan into the
City of Pasco Comprehensive Land Use Plan.
74 - 86 (c) * Sale of City Property on Sylvester Street
MOTION: I move to approve Resolution No. 3838, approving the sale of
certain real property on Sylvester Street.
9. UNFINISHED BUSINESS:
Page 2 of 90
Regular Meeting May 21, 2018
10. NEW BUSINESS:
87 - 90 (a) Professional Service Agreement with Meier Architecture Engineering
for the Animal Control Facility
MOTION: I move to approve the Professional Services Agreement for
completion of the final design of the facility and develop plans and
specifications for bidding purposes of the Animal Control Facility Project,
and further, authorize the City Manager to execute the agreement with Meier
Architects.
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
REMINDERS:
1. 4:00 p.m., Monday, May 21, Ben-Franklin Transit Office – Hanford Area Economic
Investment Fund Committee Meeting. (COUNCILMEMBER PETE SERRANO, Rep)
2. 5:30 p.m., Monday, May 21, City Hall Conference Room #1 – LEOFF Disability Board
Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER CRAIG MALONEY)
3. 12:00 p.m., Wednesday, May 23, Pasco Red Lion – Tri-City Regional Chamber of Commerce
“State of the Cities” Address. (MAYOR MATT WATKINS)
4. 4:00 p.m., Thursday, May 24, 7130 W. Grandridge Blvd – TRIDEC Board Meeting.
(COUNCILMEMBER DAVID MILNE, Rep.; COUNCILMEMBER CRAIG MALONEY,
Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed
at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Page 3 of 90
AGENDA REPORT
FOR: City Council May 14, 2018
TO: Dave Zabell, City Manager Regular Meeting: 5/21/18
FROM: Daniela Erickson, City Clerk
Administrative & Community Services
SUBJECT: Approval of Minutes
I. REFERENCE(S):
Minutes 05.07.2018
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council dated May 7, 2018.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 4 of 90
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL MAY 7, 2018
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney,
Saul Martinez, David Milne, Pete Serrano, and Matt Watkins.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager;
Leland Kerr, City Attorney; Steve Worley, Public Works Director; Rick White,
Community & Economic Development Director; Richa Sigdel, Finance Director;
Dan Dotta, Interim Administrative & Community Services Director; Bob
Metzger, Police Chief; Bob Gear, Fire Chief; Dan Ford, City Engineer; Mary
Heather Ames, Sr. Engineer; Michael Morales, Deputy Community & Economic
Development Director; and Colleen Chapin, Human Resources Manager.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Minutes
To approve the minutes of the Pasco City Council dated April 16, 2018.
Bills and Communications
To approve claims in the total amount of $4,296,532.57 ($1,971,111.85 in Check
Nos. 221913-222296; $729,703.13 in Electronic Transfer Nos. 820320-820321,
820325, 820329-820334, 820337-820385, 820403-820445, 820449-820464,
820470-820522, 820525-820584, 820595, 820622-820623, 820695; $69,288.29
in Check Nos. 51557-51623; $1,526,429.30 in Electronic Transfer Nos.
30119293-30120310).
Code Enforcement Board Appointments
To confirm the Mayor's reappointment of Dwayne Speer to Position No 3, James
Rawlinson to Position No. 4 and Mary Gutierrez to Position No. 5 (term
expiration date 1/1/22) to the Code Enforcement Board.
Dedication Deed: Right-of-Way for a Portion of Sunset Trail (MF# DEED
2018-003)
To accept the deed from Mark Gerken and Lisa Gerken for a portion of the Sunset
Trail right-of-way.
Final Plat: Madison Park Planned Density Development Ph. 4 (MF# FP
2018-004)
To approve the Final Plat for Madison Park Planned Density Development Phase
4.
MOTION: Mr. Maloney moved to approve the Consent Agenda as read. Mr.
Martinez seconded. Motion carried by unanimous Roll Call vote.
Page 5 of 90
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL MAY 7, 2018
PROCLAMATIONS AND ACKNOWLEDGEMENTS:
Presentation of Proclamation for "Public Service Recognition Week"
Mayor Watkins presented a Proclamation to Matt McGetrick, Tri-Cities Public
Service Recognition Event Committee Chair, proclaiming May 7 - 11, 2018,
"Public Service Recognition Week".
Presentation of Proclamation for "National Police Week" and "Peace
Officer's Memorial Day"
Mayor Watkins presented a Proclamation to Bob Metzger, Chief of Police,
proclaiming May 13 - 19, 2018, "National Police Week" and Monday, May 14,
2018, "Peace Officers' Memorial Day".
VISITORS - OTHER THAN AGENDA ITEMS:
Mr. Gabriel Portugal - 804 Road 52 - Extended his thanks for the Cinco de Mayo
festival. It was a four-day event beginning Wednesday evening with a cross
cultural event. Thanked Chief Metzger, there were zero incidents. At least 7000
people attended the festivities on Friday.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Verbal Reports from Councilmembers
Mayor Watkins thanked Councilmember Barajas for arranging the vehicles so
family could participate with them all in the parade. Enjoyed seeing the Horse
Dancing Event.
Mr. Maloney said the Noche Cultural and Cinco de Mayo events were fantastic.
Sunday was the National Institute of Health "All of Us" Event, Pasco is one of
seven U.S. cities participating. Also, attended the TRIDEC Luncheon at which
Congressman Newhouse spoke.
Mr. Martinez said he met people at the Cinco de Mayo festival from all over
Washington State. It was a great turnout and collaboration. He attended the
TRAC Advisory Board Meeting and the Hanford Communities Governing Board
Meeting. Also, wanted to mention Donzetta Cole passed away, she worked at
the Franklin County Courthouse in the Licensing Department.
Ms. Barajas stated there were a lot of people who volunteered for Cinco de Mayo
event. Also, attended the Dual Language Reading as well as the LULAC
Regional Conference last week.
Mayor Watkins also mentioned that Nayeli Cervantes, a Pasco graduate, was
awarded a continuing scholarship from the Association of Washington Cities.
Local Improvement District Presentation
P. Stephen DiJulio, Attorney with Foster Pepper, gave an overview and the basics
on Local Improvement Districts.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Chapel Hill Boulevard LID Formation, No. 16030
Page 6 of 90
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL MAY 7, 2018
Council and staff discussed the proposed LID Formation.
Mayor Watkins declared the Public Hearing open to consider the proposed LID
Formation.
Citizen testimony:
• Brian Thoreson, 2464 SW Glacier Pl., Redmond, OR, with Hayden
Homes. Assessments were never budgeted for. Not in favor of LID. Still
has questions. Stay with private development rather than City.
• Steve Bauman, 7114 Mayim Ct., Pasco, WA, how long is the pause for
this LID?
• Ron Asmus, 802 S. Dawes St., Kennewick, WA, has questions. Any
consideration given to those who give property away?
• Rich Scrivner, 1111 SE Washington St., Olympia, WA, with DNR.
Oppose project as currently proposed.
MOTION: Mr. Maloney moved to continue the Chapel Hill Boulevard LID
Formation public hearing to a date to be announced in the future, with at least 2
weeks' notice to property owners by the Clerk by phone or email, and to reopen
the hearing at that rescheduled time. Mr. Serrano seconded. Motion carried
unanimously.
Street Vacation: A portion of Duluth St & Nevada Ave. (MF# VAC 2018-
001)
Council and staff discussed the proposed ordinance.
Mayor Watkins declared the Public Hearing open to consider the proposed
vacation. Following three calls for comments, and their being none, Mayor
Watkins declared the Public Hearing closed.
MOTION: Mr. Maloney moved to approve Ordinance No. 4382, vacating a
portion of portion of Duluth Street and Nevada Avenue, and further, authorize
publication by summary only. Mr. Martinez seconded. Motion carried
unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Code Amendment: Amending PMC 26.28 to Allow Administrative
Approval of Final Plats (MF# CA 2017-007)
Council and staff discussed.
MOTION: Mr. Maloney moved to adopt Ordinance No. 4383, amending PMC
Title 26.28 allowing administrative approval of Final Plats, and further, authorize
publication by summary only. Mr. Martinez seconded. Motion carried
unanimously.
Rezone: Norman Family Cookies R-2 to R-3 (MF# Z 2018-001)
Council and staff discussed.
MOTION: Mr. Maloney moved to adopt Ordinance No. 4384, an ordinance of
the City of Pasco, Washington rezoning parcel #113900039 and #113900057,
from R-2 (Medium Density Residential) to R-3 (Medium Density Residential),
Page 7 of 90
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL MAY 7, 2018
and further, authorize publication by summary only. Mr. Serrano seconded.
Motion carried unanimously.
Annexation: Greeno Annexation (MF# ANX 2018-001)
Council and staff discussed.
MOTION: Mr. Maloney moved to approve Resolution No. 3836, accepting a
Notice of Intent to commence annexation proceedings for the Greeno Annexation
Area and providing a determination on the boundary to be annexed and whether
simultaneous zoning and the assumption of bonded indebtedness will be
required. Mr. Alvarado seconded. Motion carried unanimously.
NEW BUSINESS:
Professional Services Agreement with KPG, Inc. for the 16014 Peanuts Park
Renovation Project
Council and staff discussed.
MOTION: Mr. Maloney moved to approve the Professional Services Agreement
for the design services of the Peanuts Park Renovation Project, and further,
authorize the City Manager to execute the agreement. Ms. Barajas seconded.
Motion carried unanimously.
Agreement to Sell City Property - Argent and 20th
Council and staff discussed.
MOTION: Mr. Maloney moved to approve Amendment No. 2 to the Purchase
and Sale Agreement for property in the vicinity of Argent Road and 20th Avenue
and, further, to authorize the City Manager to execute the amendment. Mr.
Serrano seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Zabell discussed:
• Twenty-three applications were received for the Inclusivity Commission.
• Jon Funfar and the City will be recognized for winning the national
Alliance for Community Media’s Hometown Award for coverage of the
Pasco City Council meetings.
• Big Cross Disc Golf Course will host the first Youth Disc Golf Clinic this
coming weekend.
• On Saturday May 19th the "Fiasco in Pasco Duathlon" will take place.
• Explore Pasco program will be starting up this summer.
• Industrial Incentive Program awards investment of 1% of frontage
improvements. Program has been used four times.
Mr. Serrano attended the new Dickey's BBQ ribbon cutting with Mr. Milne.
Mr. Martinez attended the HAAP (Hispanic Academic Achievers Program) at
the Toyota Center.
Mr. Milne thanked the Pasco Police Department for their quick response to a
shoplifter situation at his place of business.
Page 8 of 90
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL MAY 7, 2018
EXECUTIVE SESSION:
Council adjourned to Executive Session at 9:06 p.m. for approximately 25
minutes to discuss litigation or potential litigation with legal counsel and
establish the sales price or lease amount of real estate with the City Manager,
Deputy City Manager and City Attorney.
Mayor Watkins called the meeting back to order at 9:29 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 9:29 p.m.
PASSED AND ADOPTED this 21st day of May, 2018.
APPROVED: ATTEST:
Matt Watkins, Mayor Daniela Erickson, City Clerk
Page 9 of 90
AGENDA REPORT
FOR: City Council May 17, 2018
TO: Dave Zabell, City Manager Regular Meeting: 5/21/18
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 05.21.18
Bad Debt Write-off/Collection
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $1,633,270.99 ($825,675.86 in Check Nos.
222297-222556; $58,820.87 in Electronic Transfer Nos. 820765, 820804; $32,575.12
in Check Nos.51624-51658; $716,199.14 in Electronic Transfer Nos. 30120311-
30120820).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and
parking) accounts receivable in the total amount of $202,499.49 and, of that amount,
authorize $143,508.08 to be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 10 of 90
May 21, 2018
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 222297-222556 51624-51658
Total Check Amount $825,675.86 $32,575.12 Total Checks 858,250.98$
Electronic Transfer Numbers 820765 30120311-30120820 -
820804
Total EFT Amount $58,820.87 $716,199.14 $0.00 Total EFTs 775,020.01$
Grand Total 1,633,270.99$
Councilmember
311,540.36
882.28
0.00
0.00
1,882.85
197.29
0.00
1,877.35
28,855.07
5,806.77
934.05
58,847.63
977.92
1,288.56
0.00
1,366.13
23,422.31
1,203.23
398.98
17,843.00
0.00
19,733.75
0.00
0.00
16,017.29
270,663.45
49,764.42
12,096.40
16.29
0.00
0.00
0.00
0.00
807,655.61
GRAND TOTAL ALL FUNDS:1,633,270.99$
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
OLD FIRE OPEB
FLEX
PAYROLL CLEARING
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
SCHOOL IMPACT FEES
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ARTERIAL STREET
STREET OVERLAY
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as
described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Richa Sigdel, Finance Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
16th day of January, 2018 that the merchandise or services hereinafter specified have been received and are approved for payment:
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
Page 11 of 90
BAD DEBT WRITE-OFF/COLLECTION
April 1 – April 30, 2018
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ 21.02 105.31 126.33
Ambulance $ 58,970.39 8,678.12 67,648.51
Court A/R $ .00 120,549.00 120,549.00
Code Enforcement $ .00 13,845.65 13,845.65
Cemetery $ .00 .00 .00
General $ .00 330.00 330.00
Miscellaneous $ .00 .00 .00
TOTAL: $ 58,991.41 143,508.08 202,499.49
Page 12 of 90
AGENDA REPORT
FOR: City Council May 15, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 5/21/18
FROM: Jeff Adams, Associate Planner
Community & Economic Development
SUBJECT: NPS Grant for Survey of African American Properties in Pasco (MF# HIST
2018-001)
I. REFERENCE(S):
Memo from Tanya Bowers - June 23, 2016
Grant Award Letter
Grant Award Press Release
Grant and Cooperative Agreement
Grant Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to authorize the City Manager to execute the National Parks
Service (NPS) Grant Contract.
III. FISCAL IMPACT:
No local grant match is required.
IV. HISTORY AND FACTS BRIEF:
In June of 2016, Ms. Tanya Bowers, in association with Dr. Robert Bauman, contacted
the City of Pasco Community & Economic Development Department with a proposal
to apply for and manage a National Parks Service (NPS) Underrepresented
Communities Grant.
Her initial request was for $49,100, but the City did not receive the grant. On behalf of
the City, Ms. Bowers subsequently re-applied and on December 27, 2017 the City was
awarded a $20,000 grant. In the interim the City received a $10,000 Certified Local
Government (CLG) Grant for the essentially same purpose. Council authorized the
execution of the CLG Grant in March of this year.
Page 13 of 90
Given that the City already received the $10k from the CLG Grant, this NPS Grant
would be used primarily for a more in-depth survey and two or more nominations for
the National Register of Historic Places (a minimum of two sites must be nominated to
the National Register of Historic Places within a year of the completion of the grant).
The survey objective is to document properties in East Pasco historically associated
with African Americans.
One of the stipulations in the grant contract is that the City of Pasco will be required to
submit at least two qualified nominations for the National Historic Register; otherwise
funds will not be dispensed (or in cases where funds have already been released, a
repayment liability is incurred). Furthermore, each nomination for the Register must
have owner consent. Because of the timing of the grant approvals, the city has not yet
been able to obtain affidavits from owners of privately owned proposed properties.
Fortunately, at least two of the proposed properties, Kurtzman Park and the Lewis
Street underpass, are City-owned, and as such, owner consent can be considered a
given. It is likely that another owner consent affidavit will be forthcoming.
Council discussed this grant at the Workshop meeting of April 23, 2018
V. DISCUSSION:
Underrepresented Community Grant projects include surveys and inventories of
historic properties associated with communities underrepresented in the National
Register of Historic Places. Projects can also include nominations to the National
Register for specific sites.
The objective of the grant is to provide historic preservation funding to city
governments in order to survey, inventory, and designate historic properties that are
associated with communities currently underrepresented in the National Register of
Historic Places and among National Historic Landmarks, as determined by the
National Park Service and the grantees.
The African Americans for Community, Cultural, and Education Success (AACCES)
have already identified 7 public and private sites (a school, a park, a bridge, a
commercial building, 3 churches) of significance.
Page 14 of 90
1
Jeff Adams
From:Tanya Bowers <tanyabowers@att.net>
Sent:Thursday, June 23, 2016 11:21 PM
To:Rick White; Jeff Adams; Dave Zabell
Subject:National Parks Service Underrepresented Communities Grant Proposal for African-
American places in East Pasco
Attachments:2016 URC Fact Sheet (1).pdf; FY16FundingAnnouncementURC.pdf; City of Pasco
Underrepresented Community Grant Proposal.docx; Tanya Bowers Resume
062316.pdf; Robert Bauman Vita.pdf
Gentlemen,
It is with great pleasure that I am forwarding a proposal for documenting properties associated with African-American
heritage in East Pasco for the National Parks Service (NPS) Underrepresented Communities Grant Program.
Eearlier this week a NPS staff clarified for me that it is not necessary for a Certified Local Government to create an RFP if
awarded this grant; rather as much specificity as to how the project will be implemented strengthens an application. In
previous conversations with Rick and Jeff, I mentioned that I will take responsibility for managing this grant. I am attaching
resumes for myself and the professor from WSU Tri-Cities (Dr. Robert Bauman) who will play a role in the subsequent
surveying, inventorying, context preparing, and nominating of properties. Another WSU TC academic, Dr. Robert
Franklin, will follow shortly.
I am attaching the NPS grant description and FAQ for your reference, but you will see in the attached document, I have
included a description of each of the evaluation and selection criteria.
The current request if for $49,100 (between $15-50,000 will be awarded). No match is required this year in contrast to
prior years. The grant period is two years; within one year following the grant period, a minimum of one National Register
(NR) nomination must be submitted.
Following the Planning Commission meeting Rick asked that we include the NR nomination in the request, so I've
squeezed this into the project outputs. Technically it would also be possible to restrict this proposal to the surveying,
inventorying, and writing of a historic context. We could then apply for the NR nomination writing in a subsequent
Underrepresented Communities grant request for 2018. NPS has confirmed that this grant has also been budgeted for
2017 & 2018.
Dr. Bauman, with whom I have written this application, and I would prefer the latter, giving ourselves more time to
complete the grant deliverables; therefore, we would do the surveying and inventorying in Year 1, preparing the historic
context in Year 2, and completing the NR nomination in Year 3; however, the City of Pasco is the applicant, so we leave
the decision in your hands. Once again the attached application reflects the tighter time frame.
Rick and Jeff, hopefully the attachments include what you need to get this on the City Council's workshop agenda for this
Monday, but please let me know if you need anything else from me for this to happen. Just a reminder that the
application must be submitted electronically through grants.gov by July 15th.
I can't tell how excited this project is to my associates and everyone else I have spoken to about this opportunity
are. Over the weekend at the Juneteenth Celebration, Dave, Mayor Watkins, and Mayor Pro-Tem Francik witnessed how
this undertaking could be just the shot in the arm the local African-American community needs. In fact youth from all of
the Tri-Cities would benefit from this exercise in public history, not to mention good PR for Pasco. I'll get off of my soap
box. Your consideration is most appreciated.
Best,
Tanya
Tanya Bowers, M.A. tanyabowers@att.net 509.430.8772.
Page 15 of 90
United States Department of the Interior
NATIONAL PARK SERVICE
1849 C Street N.W.
Washington, DC 20240
H36(2256) December 27, 2017
Via email.
Mr. Rick White
Community & Economic Development Director
City of Pasco
P.O. Box 293
525 N. Third Avenue
Pasco, WA 99301-5320
Dear Mr. White:
Congratulations! As part of the Historic Preservation Fund's Underrepresented Communities
grant program to support diversity in identification of resources and listings the National
Register of Historic Places, your organization has been awarded $20,000.
Very soon you will receive documentation from our Underrepresented Communities Grants
Program staff lead, Vedet Coleman, regarding your grant award. She will serve as your grant
manager for this program. Our next step will be to prepare and send you a grant agreement that
you will need to sign and return. If you have any questions, please feel free to contact her
directly by phone at 202-354-2077 or by email at vedet_r_coleman@nps.gov.
Again, congratulations and we look forward to working with you on this very important
project. Enclosed, please find the press release from the Department of Interior that you may use
in announcing your grant award.
Respectfully,
Megan J. Brown
Chief, State, Tribal, Local Plans and Grants
National Park Service
Page 16 of 90
EXPERIENCE YOUR AMERICA™
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Release Date: December 27, 2017
Contact: newsmedia@nps.gov
National Park Service Announces $500,000 in Grants to Support
Diversity in the National Register of Historic Places
WASHINGTON – The National Park Service announced today $500,000 in grants to help fund 13
projects across the country to increase the number of listings associated with communities that are
underrepresented on the National Register of Historic Places.
“The National Park Service is working with states, tribes, and local governments to help more people
connect with their history and explore America’s diverse stories,” Deputy Director Michael T.
Reynolds said. “These grants will fund projects that recognize and preserve places that will educate
and inspire future generations of Americans.”
The grants are funded through the Historic Preservation Fund using revenue from federal oil leases
on the Outer Continental Shelf. The fund provides assistance for a broad range of preservation
projects without expending tax dollars.
Projects supported by the grants include surveys and inventories of historic properties associated
with communities underrepresented in the National Register, as well as the development of
nominations to the National Register for specific sites.
Survey projects will identify underrepresented communities resources for future nominations in
Native American, African American, women’s, Asian American, and Latino American history and
culture in Alaska, Arizona, California, Kentucky, Maryland, New Jersey, Tennessee, Texas, Virginia,
and Washington.
Projects receiving an Underrepresented Communities grant include:
National Park Service News Release
Office of Communications
1849 C Street NW
Washington, DC 20240
202-208-6843 phone
www.nps.gov
National Park Service
U.S. Department of the Interior
Page 17 of 90
EXPERIENCE YOUR AMERICA™
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Alaska
Igiugig Villiage - $43,479
The Igiugig Village Council is the federally recognized tribe and local governing body. The current
population is 70 residents, but the village is nestled within an archaeological district of at least 21
identified sites—most of them villages; together demonstrating at least 4,000 years of continual
occupation and use of the region. Only one site in the community, the Russian Orthodox Church
built in 1925, is in the National Register of Historic Places. The primary objective of the project is to
map, survey, and nominate “Old Igiugig” to the National Register of Historic Places. This will be
accomplished through conducting research about Old Igiugig, as well as interviewing community
members that are knowledgeable about the old village.
Alaska
State of Alaska Division of Parks & Outdoor Recreation - $48,668
The “<NN>” Cannery is situated on the south side of the Naknek River, one of the five major rivers
that constitute the Bristol Bay salmon fishery—Alaska’s largest and most sustainable commercial
fishery. The Indigenous Alaskans who worked at the cannery were descendants of Katmai people
and culturally connected to the Brooks River Area's Archeological District and National Historic
Landmark at Katmai National Park and Preserve. Despite their skill and labor, Native American and
Asian cannery workers existed in the shadows, ignored by writers, curators, even park rangers in the
popular narratives of Alaska’s most important salmon fishery. Grant activities will include compiling
the archival and primary research, and applying it towards the completion of a National Register
nomination.
Arizona
Arizona Department of Parks - $42,760
The Arizona Department of Parks nomination project will increase public awareness of Tucson’s
Spanish and Mexican American communities and their contributions to the American story, provide a
case study for using new technology and volunteers for collecting data and completing nomination
forms, and expand the national inventory of underrepresented communities listed as National
Historic Landmarks. The Underrepresented Communities grant funds will support the survey,
inventory, context study and statement of significance for a National Historic Landmark nomination
for Tucson’s Spanish/Mexican/American Barrio Viejo. The Landmark will encompass the National
Register listed Barrio Libre and areas of three adjacent National Register districts containing
resources similar/identical to those in Barrio Libre.
Page 18 of 90
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California
State of California - $41,872
The historic resources involved in the project are those resources that make up the missions that
were built along the El Camino Real, the California Mission Trail. The community affected by this
project is the Native Americans of California, specifically those groups that were involved with the
California Mission system. The grant funds from this program will be used to increase the number of
National Register nominations related to the California Mission System that include information
about Native American contributions to and effects on the system.
California
Pala Band of Mission Indians - $48,295
The Pala Band of Mission Indians is a federally recognized Native American Tribe that occupies a
12,273-acre reservation in northern San Diego County, California. The Pala Reservation is home to
a majority of the Band’s enrolled membership, which consists of Cupeños (Kuupangaxwichem) and
Luiseños (‘Atáaxum). The grant funds will assist the Pala Band of Mission Indians in nominating the
Blacktooth House and updating the Chokla component of the project on the National Register of
Historic Places.
Maryland
Maryland Department of Planning/Maryland Historical Trust - $30,500
As the nation approaches the 100th anniversary of women’s universal suffrage in the United States,
the State of Maryland will use grant funds to document and celebrate sites state-wide that are
associated with the civil rights movement for women. The primary objectives of the project are to
recognize and protect properties located within Maryland that are associated with the women’s
suffrage movement of the late nineteenth through early twentieth centuries. The project will result in:
1) the creation of 1-2 new individual National Register forms, 2) updates to five existing National
Register historic districts, 3) updates to 5 individual National Register forms, 4) the creation of 5-7
Maryland Inventory of Historic Properties (MIHP) forms and, 5) Addendums to 10-12 existing MIHP
forms. Resources in the following Maryland counties will be documented: Anne Arundel, Baltimore
City, Carroll, Dorchester, Frederick, Montgomery, Prince George’s, St. Mary’s, Talbot, and
Wicomico.
New Jersey
City of Paterson - $35,000
Through this award, the City of Paterson will focus on the African American experience in Paterson,
New Jersey. African Americans within Paterson are among the earliest groups of people in the
Page 19 of 90
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colonies and the new nation. The earliest stories of both slavery and abolition, including a role in the
Underground Railroad, are both deeply embedded in Paterson’s history. Four of New Jersey’s
UGRR routes ran through Passaic County, making Paterson a “well organized station.” Following in
this early-abolitionist past, Paterson played an integral role in the events of the 20th-century social
and civil rights movements related to the African American experience and America’s history. Funds
through the Underrepresented Communities grant will help the City of Paterson nominate four sites
to the State and National Registers of Historic Places.
Tennessee
City of Memphis- $45,000
The City of Memphis Division of Housing and Community Development has designated a 20- block
area as Memphis Heritage Trail (MHT) to celebrate the rich business, cultural and musical heritage
of African-American achievement. While the nation begins to commemorate the 50th anniversary of
the assassination of Dr. Martin Luther King, Jr., the City of Memphis recognizes the need for an in-
depth analysis and survey that can ultimately lead to recognition on historic registers and
designation as a historic district. Therefore, the Underrepresented Communities grant funds will help
locate, identify, and evaluate the sites, buildings, structures, material culture, and individuals that are
associated with the historical and socio-cultural development of the Memphis Heritage Trail area.
Texas
City of Austin - $43,200
The City of Austin will increase the awareness of historic preservation through National Register
historic district nominations in two historically significant African American and Hispanic
neighborhoods in East Austin. Through this nomination process results will include increased
awareness of what historic preservation is, how it helps recognize and save unique local history, and
how it can benefit historically underserved communities that are facing exceptionally high
development pressures. Tangible outcomes for this demonstration project include creating a gold-
standard protocol for future community engagement around historic designation efforts, stronger
collaborative partnerships between the City and community groups and institutions, and future local
district designation and National Register nominations.
Texas
County of Milam - $50,000
The project through the County of Milam, consists of the El Camino Real de los Tejas Ranchería
Grande National Register nominations. The project will enhance the Milam County Certified Local
Government (CLG) by recognizing the Spanish Colonial Historic Native Village Sites and Historic
Page 20 of 90
EXPERIENCE YOUR AMERICA™
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Road and Trail Segments of El Camino Real de los Tejas National Historic Trail that comprise a
portion of Ranchería Grande. In particular, the Underrepresented Communities grant will prepare
National Register nominations for the Conner Swales Site, the Baumann Village Site, the Bird Point
Heaven Village Site, and the Wise Village Site. The County will also prepare the National Register
nomination of Ranchería Grande Archaeological District, as well as the National Register nomination
of Ranchería Grande Sites as contributing components of San Xavier Mission National Register
Archaeological District, and the National Register nomination of Ranchería Grande Sites as
contributing components of Historic Resources of El Camino Real de los Tejas National Historic
Trail.
Virginia
Virginia Department of Historic Resources - $34,486
The Rappahannock Chiefs’ House project will allow preparation of a National Register nomination
for the Chief Nelson House in Indian Neck, Virginia. The Chief Nelson House is the 20th-century
home of two Rappahannock Indian chiefs (father and then son) and the childhood home of a third.
Now a standing ruin and associated archaeological site, this house, which also contained a school
for Rappahannock children, served as the center of Rappahannock governance from the 1920s
through the 1980s and was the center of the Rappahannock struggle to preserve its identity in the
face of Jim Crow laws and Virginia’s Racial Integrity Act of 1924. Grant activities will help achieve
project objectives to complete the following tasks: (1) documentary research; (2) the collection of
oral history accounts; (3) architectural documentation of the standing structures; (4) Phase I and II
(identification and evaluation) archaeological testing; and (5) preparation and submission of the fully
completed nomination.
Washington
City of Pasco - $20,000
Grant funds will be used to study historic properties connected with the experience of the City of
Pasco’s African American communities and the increase to that population with the entry of the
United States into World War II. This project will examine they system of segregation that was
quickly established and the growth of the African American community in East Pasco through
historic context development; survey, and inventory of associated properties, and nomination of
properties to the National Register.
Washington
Suquamish Indian Tribe of the Port Madison Reservation - $16,470
Page 21 of 90
EXPERIENCE YOUR AMERICA™
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The Old Man House historic property includes .86 acres of upland and beach and .62 acres of
productive tidelands that are held in trust by the United States government for the Suquamish Tribe
on the Port Madison Indian Reservation in central Puget Sound, Washington State. The land was
owned by the Washington State Parks and Recreation Commission from 1945 to 2005, when the
title was transferred to the Suquamish Tribe. Grant activities will update the National Register of
Historic Places listing for the Old Man House historic property, the mother village of the Suquamish
People.
www.nps.gov
About the National Park Service. More than 20,000 National Park Service employees care for
America's 417 national parks and work with communities across the nation to help preserve local
history and create close-to-home recreational opportunities. Visit us at www.nps.gov, on Facebook
www.facebook.com/nationalparkservice, Twitter www.twitter.com/natlparkservice, and YouTube
www.youtube.com/nationalparkservice.
Page 22 of 90
Page 23 of 90
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Grant and C00 erative gree e t
ESTIMATED COST
ITEM NO ITEMOR SERVICE (Include Specifications and Special Instructions)QU/\NT|TY UN|T
(B)(C)(0)
sign:O1
Number:15.904
S Number:009974598
7 HPF URC -CITY OF PASCO,WA
SPECIALIST:VEDET COLEMAN
iveryz 01/31/2019
livery Location Code 0009060778
ational Park Service
849 C Street NW
hington DC 20240 US
t Assignm:K G/L Account:6100.411G0
iness Area:P000 Commitment Item:411G0O Cost
ter:PPWOCRGRWA Functional Area
IHGHGHP.GR0000 Fund:178P5140HP Fund Center:
PWOCRGRWA Project/WBS:PX.GCRGRl7UB.00.l PR Acct
eriod of Performance:02/01/2017 to 01/31/2019
00010 7 URC AFRICAN AMERIAN SITES PASCO WA
igated Amount:$20,000.00
total amount of award:$20,000.00.The
igation for this award is $20,000.00.
UNITPRICE
(E)
AMOUNT
F
20,000.00
Page 24 of 90
Grant Agreement [P18AP00010]
[02/01/2018]
Page 1 of 29
Grant Agreement
P18AP00010
Between
THE UNITED STATES DEPARTMENT OF INTERIOR
NATIONAL PARK SERVICE
AND
CITY OF PASCO, WA
DUNS No: 009974598
CFDA: 15.904
Project Title: Under Represented Community Grants
Amount of Federal Funds Obligated: $20,000
Total Amount of Award: $20,000
Period of Performance: February 1, 2017 to January 31, 2019
This Grant Agreement is entered into by the U.S. Department of the Interior, National Park
Service (NPS), and the City of Pasco, WA.
ARTICLE I – BACKGROUND AND OBJECTIVES
The objective of this Agreement is to provide Historic Preservation Funding (HPF) to State
Governments, Native American Tribal Governments (Federally recognized), City or Township
Governments, and County Governments to survey, inventory, and designate historic properties
that are associated with communities currently underrepresented in the National Register of
Historic Places and among National Historic Landmarks, as determined by the National Park
Service and the grantees. The grant activities should assist grantees in executing their historic
preservation programs and activities pursuant to 54 U.S.C. 300101 et seq. (commonly known as
the National Historic Preservation Act).
ARTICLE II – AUTHORITY
NPS enters into this Agreement pursuant to:
National Historic Preservation Act (NHPA), 54 U.S.C 300.101 et. sq.
Historic Preservation Fund Grants Manual, 2007
Public Law: 114.113
NOTE: Most of NPS legal authorizes have moved from 16 U.S.C., Title 16 to 54 U.S.C. – all
reference and some language has changed.
The new 54 U.S.C. can be found at the following link.
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http://U.S.C.ode.house.gov/codification/t54/bill.pdf
ARTICLE III – STATEMENT OF WORK
A. The Statement of work to be performed in accordance with the Secretary of the Interior’s
Standards and Guidelines for Historic Preservation and Archeology to include:
1.) Survey and inventory of City of Pasco, WA African American locations for National
Register nomination;
2.) Context Statement;
3.) Two Nominations; and
4.) Obtain owner permission for any property slated for nomination. Please submit
written documentation of owner’s permission to the NPS.
B. No substantial involvement on the part of the NPS is anticipated for the successful
completion of the statement of work detailed in this award. It is anticipated that involvement
will be limited to actions related to monitoring project performance, technical assistance at
the request of the recipient
ARTICLE IV – TERM OF AGREEMENT
The terms and conditions of this agreement will become effective upon the grantee’s first
withdraw of funds from the Federal grant payment account covering this grant agreement.
The period of performance for this agreement is February 1, 2017 through January 31, 2019.
Eligible allowable costs incurred under this grant agreement prior to the effective date of the
grant, but not prior to February 1, 2017 are eligible for reimbursement.
ARTICLE V – KEY OFFICIALS
A. Key officials are essential to ensure maximum coordination and communications between
the parties and the work being performed. They are:
1. For the NPS:
Awarding Officer (AO):
Megan J. Brown
Chief, State, Tribal, Local Plans & Grants
National Park Service
State, Tribal, Local Plans & Grants
1201 Eye Street NW (2256)
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Grant Agreement [P18AP00010]
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Washington, DC 20005
202-354-2062
202-371-1794
megan_brown@nps.gov
Agreement Technical Representative (ATR)/Grant Manager:
Grants Administrator
National Park Service
State, Tribal, Local Plans & Grants
1201 Eye Street NW (2256)
Washington, DC 20005
202-354-2020 (T)
202-371-1794 (F)
preservation_grants_info@nps.gov
2. For the Recipient:
City of Pasco, WA
ATTN Government POC
Community & Economic Development Director
P.O. Box 293
525 N. Third Avenue
Pasco, WA 99301-5320
509-528-4143
whiter@pasco-wa.gov
B. Communications. Recipient shall address any communication regarding this Agreement
to the assigned NPS ATR/Grant Manger with a copy to the AO. Communications that
relate solely to technical matters may be sent only to the ATR/Grant Manager. The
grantee agrees to maintain close liaison with the NPS throughout the grant period. NPS
reserves the right to request meetings, upon reasonable notice, with grantee project staff
at intervals during the course of project work. The grantee agrees to promptly notify the
NPS should any of the following conditions become known to it:
a. Problems, delays, or adverse conditions that will materially affect the ability of
the grantee (or its subcontractors, if any) to attain project objectives, prevent the
project from meeting planned timetables, or preclude the completion of approved
work;
b. The need for adjustment (revision) to the project budget; and
c. The lack of nonfederal matching share to meet requirements of this Grant
Agreement (if applicable).
C. Changes in Key Officials. Neither the NPS nor Recipient may make any permanent
change in a key official without written notice to the other party reasonably in advance of
the proposed change. The notice will include a justification with sufficient detail to
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permit evaluation of the impact of such a change on the scope of work specified within
this Agreement. Any permanent change in key officials will be made only by
modification to this Agreement.
ARTICLE VI – AWARD AND PAYMENT
A. NPS will provide funding to the Recipient in an amount not to exceed $20,000 for the
Statement of Work described in Article III and in accordance with the NPS approved
budget by attachment. Any award beyond $20,000 is subject to availability of funds.
The approved Work/Cost Budget is summarized as follows:
Line Item Federal Share Total
Consultants $20,000 $20,000
Total $20,000 $20,000
B. Recipient shall request payment in accordance with the following:
1. Method of Payment. Payment will be made by advance and/or reimbursement
through the Department of Treasury’s Automated Standard Application for
Payments (ASAP) system.
2. Requesting Advances. Requests for advances must be submitted via the ASAP
system. Requests may be submitted as frequently as required to meet the needs of
the Financial Assistance (FA) Recipient to disburse funds for the Federal share of
project costs. If feasible, each request should be timed so that payment is received
on the same day that the funds are dispersed for direct project costs and/or the
proportionate share of any allowable indirect costs. If same–day transfers are not
feasible, advance payments must be as close to actual disbursements as
administratively feasible.
3. Requesting Reimbursement. Requests for reimbursements must be submitted
via the ASAP system. Requests for reimbursement should coincide with normal
billing patterns. Each request must be limited to the amount of disbursements
made for the Federal share of direct project costs and the proportionate share of
allowable indirect costs incurred during that billing period.
4. Adjusting Payment Requests for Available Cash. Funds that are available from
repayments to, and interest earned on, a revolving fund, program income, rebates,
refunds, contract settlements, audit recoveries, credits, discounts, and interest
earned on any of those funds must be disbursed before requesting additional cash
payments.
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5. Bank Accounts. All payments are made through electronic funds transfer to the
bank account identified in the ASAP system by the FA Recipient.
6. Supporting Documents and Agency Approval of Payments. Additional
supporting documentation and prior NPS approval of payments may be required
when/if a FA Recipient is determined to be “high risk” or has performance issues.
If prior Agency payment approval is in effect for an award, the ASAP system will
notify the FA Recipient when they submit a request for payment. The Recipient
must then notify the NPS AO and ATR that a payment request has been
submitted. The NPS may request additional information from the Recipient to
support the payment request prior to approving the release of funds, as deemed
necessary. The FA Recipient is required to comply with these requests.
Supporting documents may include invoices, copies of contracts, vendor quotes,
and other expenditure explanations that justify the reimbursement requests.
C. In order to receive a financial assistance award and to ensure proper payment, it is
required that Recipient maintain their registration with the System for Award
Management (SAM), accessed at http://www.sam.gov. Failure to maintain registration
can impact obligations and payments under this Agreement and/or any other financial
assistance or procurements documents the Recipient may have with the Federal
government.
D. Any award beyond the current fiscal year is subject to availability of funds; funds may be
provided in subsequent fiscal years if project work is satisfactory and funding is
available.
E. Allowable and Eligible Costs. Expenses charged against awards under the Agreement
may not be incurred prior to the Period of Performance start date of the Agreement, and
may be incurred only as necessary to carry out the approved objectives, scope of work
and budget with prior approval from the NPS AO. The Recipient shall not incur costs or
obligate funds for any purpose pertaining to the operation of the project, program, or
activities beyond the Period of Performance end date stipulated in the award.
F. Travel Costs. For travel costs charged against awards under the Agreement, costs
incurred must be considered reasonable and otherwise allowable only to the extent such
costs do not exceed charges normally allowed by the Recipient in its regular operations as
the result of the Recipient’s written travel policy. If the Recipient does not have written
travel policies established, the Recipient and its contractors shall follow the travel
policies in the Federal Travel Regulation, and may not be reimbursed for travel costs that
exceed the standard rates. All charges for travel must conform to the applicable cost
principles.
G. Indirect Costs. Indirect costs will not be allowable charges against the award unless
specifically included as a line item in the approved budget incorporated into the award.
And a copy of the Federally approved Indirect Cost Rate is on file.
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H. Recipient Cost Share or Match. Minimum required non-Federal matching approved for
this project is $0. Any non–Federal share, whether in cash or in–kind, is expected to be
paid out at the same general rate as the Federal share. Exceptions to this requirement may
be granted by the AO based on sufficient documentation demonstrating previously
determined plans for or later commitment of cash or in–kind contributions. In any case,
the Recipient must meet their cost share commitment over the life of the award.
ARTICLE VII – PRIOR APPROVAL
The Recipient shall obtain prior approval for budget and program revisions, in accordance with 2
CFR 200.308 and the Historic Preservation Fund Grants Manual.
ARTICLE VIII – INSURANCE AND LIABILITY
A. Insurance. The recipient shall be required to (1) obtain liability insurance or (2)
demonstrate present financial resources in an amount determined sufficient by the Government
to cover claims brought by third parties for death, bodily injury, property damage, or other loss
resulting from one or more identified activities carried out in connection with this financial
assistance agreement.
B. Insured. The federal government shall be named as an additional insured under the
recipient's insurance policy.
C. Indemnification. The recipient hereby agrees to indemnify the federal government, NPS
or from any act or omission of the Recipient, its officers, employees, or (members, participants,
agents, representatives, agents as appropriate), (1) against third party claims for damages arising
from one or more identified activities carried out in connection with this financial assistance
agreement and (2) for damage or loss to government property resulting from such an activity.
This obligation shall survive the termination of this Agreement.
To purchase public and employee liability insurance at its own expense from a responsible
company or companies with a minimum limitation of one million dollars ($1,000,000) per
person for anyone claim, and an aggregate limitation of three million dollars ($3,000,000) for
any number of claims arising from any one incident. The policies shall name the United States as
an additional insured, shall specify that the insured shall have no right of subrogation against the
United States for payments of any premiums or deductibles due thereunder, and shall specify that
the insurance shall be assumed by, be for the account of, and be at the insured's sole risk. Prior to
beginning the work authorized herein, [Recipient Name] shall provide the NPS with
confirmation of such insurance coverage.
To pay the United States the full value for all damage to the lands or other property of the United
States caused by the Recipient, its officers, employees, or representatives].
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To provide workers' compensation protection to the Recipient, its officers, employees, and
representatives.
To cooperate with NPS in the investigation and defense of any claims that may be filed with
NPS arising out of the activities of the Recipient, its agents, and employees.
In the event of damage to or destruction of the buildings and facilities assigned for the use of the
Recipient in whole or in part by any cause whatsoever, nothing herein contained shall be deemed
to require NPS to replace or repair the buildings or facilities. If NPS determines in writing, after
consultation with the Recipient that damage to the buildings or portions thereof renders such
buildings unsuitable for continued use by the Recipient, NPS shall assume sole control over such
buildings or portions thereof If the buildings or facilities rendered unsuitable for use are essential
for conducting operations authorized under this Agreement, then failure to substitute and assign
other facilities acceptable to the Recipient will constitute termination of this Agreement by NPS.
D. Flow–down: For the purposes of this clause, "recipient" includes such sub–recipients,
contractors, or subcontractors as, in the judgment of the recipient and subject to the
Government's determination of sufficiency, have sufficient resources and/or maintain adequate
and appropriate insurance to achieve the purposes of this clause.
ARTICLE IX – REPORTS AND/OR DELIVERABLES
A. Specific projects, tasks or activities for which funds are reimbursed and/or advanced will
be tracked and reported by semi-annual submission of a SF–425 Federal Financial Report
(FFR) and Performance Report.
1. The following reporting period end dates shall be used for interim reports:
04/30/2018, 10/31/2018 and every six months thereafter. Interim reports shall be
submitted no later than 30 days after the end of each reporting period.
2. A final SF–425 and Performance Report shall be submitted at the completion of
the Agreement (04/30/2019). For final the SF–425 and Performance Report, the
reporting period end date shall be the Period of Performance end date of the
agreement. Annual and final reports shall be submitted no later than 90 days after
the Performance Period end date. All reports shall be submitted via email to the
NPS ATR/Grants Manager with a copy to the NPS AO via email.
3. Upon completing the draft National Register Nomination, please submit the
document to your Grant Manager for review. Please do not submit the final
nomination to the National Park Service or your respective State Historic
Preservation Officer without submitting the draft to the National Park
Service for review and approval.
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B. The Secretary of the Interior and the Comptroller General of the United States, or their
duly authorized representatives, will have access, for the purpose of financial or
programmatic review and examination, to any books, documents, papers, and records that
are pertinent to the Agreement at all reasonable times during the period of retention in
accordance with 2 CFR 200.333.
C. Deliverables/ Publications. The grantee must include acknowledgment of grant support
from the Historic Preservation Fund of the National Park Service, Department of Interior,
and a nondiscrimination statement in all publications and videos assisted with grant
monies and/or concerning NPS grant-supported activities. At least two digital copies of
any publications or video concerning NPS grant-assisted activities, or published with
NPS grant assistance, must be furnished to the NPS Grant Awarding Official within 30
calendar days of publication. All publications, audio, must contain the following
disclaimer and acknowledgement of NPS support: "This material is based upon work
assisted by a grant from the Historic Preservation Fund, National Park Service,
Department of the Interior. Any opinions, findings, and conclusions or recommendations
expressed in this material are those of the author(s) and do not necessarily reflect the
views of the Department of the Interior." All consultants hired by the grantee must be
informed of this requirement. The National Park Service shall have a royalty-free right to
republish any published material generated by this grant.
ARTICLE X – PROPERTY UTILIZATION
All tools, equipment, and facilities furnished by NPS will be on a loan basis. Tools, equipment
and facilities will be returned in the same condition received except for normal wear and tear in
project use. Property management standards set forth in 2 CFR 200.310 through 200.316 applies
to this Agreement.
ARTICLE XI – MODIFICATION, REMEDIES FOR NONCOMPLIANCE
TERMINATION
A. This Agreement may be modified only by a written instrument executed by the parties.
Modifications will be in writing and approved by the NPS AO and the authorized
representative of Recipient.
B. Additional conditions may be imposed by NPS if it is determined that the Recipient is
non–compliant to the terms and conditions of this agreement. Remedies for
Noncompliance can be found in 2 CFR 200.338.
C. This Agreement may be terminated consistent with applicable termination provisions for
Agreements found in 2 CFR 200.339 through 200.342.
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ARTICLE XII – GENERAL AND SPECIAL PROVISIONS
A. General Provisions
1. OMB Circulars and Other Regulations. The following Federal regulations are
incorporated by reference into this Agreement (full text can be found at
http://www.ecfr.gov:
a) Administrative Requirements:
2 CFR, Part 200 – Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, in its entirety;
b) Determination of Allowable Costs:
2 CFR, Part 200 – Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, Subpart E; and
c) Audit Requirements:
2 CFR, Part 200 – Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, Subpart F.
d) Code of Federal Regulations/Regulatory Requirements:
2 CFR Part 182 & 1401, “Government–wide Requirements for a Drug–Free
Workplace”;
2 CFR 180 & 1400, “Non–Procurement Debarment and Suspension”, previously
located at 43 CFR Part 42, “Governmentwide Debarment and Suspension
(NonProcurement)”;
43 CFR 18, “New Restrictions on Lobbying”;
2 CFR Part 175, “Trafficking Victims Protection Act of 2000”;
FAR Clause 52.203–12, Paragraphs (a) and (b), Limitation on Payments to
Influence Certain Federal Transactions;
2 CFR Part 25, System for Award Management (www.SAM.gov) and Data
Universal Numbering System (DUNS); and
2 CFR Part 170, “Reporting Subawards and Executive Compensation”.
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2. Non–Discrimination. All activities pursuant to this Agreement shall be in
compliance with the requirements of Executive Order 11246, as amended; Title VI of
the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§2000d et seq.);
Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29
U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et
seq.); and with all other federal laws and regulations prohibiting discrimination on
grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or
sex.
3. Lobbying Prohibition. 18 U.S.C. §1913, Lobbying with Appropriated Moneys, as
amended by Public Law 107–273, Nov. 2, 2002 – No part of the money appropriated
by any enactment of Congress shall, in the absence of express authorization by
Congress, be used directly or indirectly to pay for any personal service,
advertisement, telegram, telephone, letter, printed or written matter, or other device,
intended or designed to influence in any manner a Member of Congress, a
jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or
otherwise, any legislation, law, ratification, policy, or appropriation, whether before
or after the introduction of any bill, measure, or resolution proposing such legislation,
law, ratification, policy, or appropriation; but this shall not prevent officers or
employees of the United States or of its departments or agencies from communicating
to any such Members or official, at his request, or to Congress or such official,
through the proper official channels, requests for legislation, law, ratification, policy,
or appropriations which they deem necessary for the efficient conduct of the public
business, or from making any communication whose prohibition by this section
might, in the opinion of the Attorney General, violate the Constitution or interfere
with the conduct of foreign policy, counter–intelligence, intelligence, or national
security activities. Violations of this section shall constitute violations of section
1352(a) of title 31. In addition to the above, the related restrictions on the use of
appropriated funds found in Div. F, § 402 of the Omnibus Appropriations Act of 2008
(P.L. 110–161) also apply.
4. Anti–Deficiency Act. Pursuant to 31 U.S.C. §1341 nothing contained in this
Agreement shall be construed as binding the NPS to expend in any one fiscal year
any sum in excess of appropriations made by Congress, for the purposes of this
Agreement for that fiscal year, or other obligation for the further expenditure of
money in excess of such appropriations.
5. Minority Business Enterprise Development. Pursuant to Executive Order 12432 it
is national policy to award a fair share of contracts to small and minority firms. NPS
is strongly committed to the objectives of this policy and encourages all recipients of
its Grant Agreements to take affirmative steps to ensure such fairness by ensuring
procurement procedures are carried out in accordance with the Executive Order.
6. Assignment. No part of this Agreement shall be assigned to any other party without
prior written approval of the NPS and the Assignee.
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7. Member of Congress. Pursuant to 41 U.S.C. § 22, no Member of Congress shall be
admitted to any share or part of any contract or agreement made, entered into, or
adopted by or on behalf of the United States, or to any benefit to arise thereupon.
8. Agency. The Recipient is not an agent or representative of the United States, the
Department of the Interior, NPS, or the Park, nor will the Recipient represent its self
as such to third parties. NPS employees are not agents of the Recipient and will not
act on behalf of the Recipient.
9. Non–Exclusive Agreement. This Agreement in no way restricts the Recipient or
NPS from entering into similar agreements, or participating in similar activities or
arrangements, with other public or private agencies, organizations, or individuals.
10. Survival. Any and all provisions which, by themselves or their nature, are reasonably
expected to be performed after the expiration or termination of this Agreement shall
survive and be enforceable after the expiration or termination of this Agreement. Any
and all liabilities, actual or contingent, which have arisen during the term of and in
connection with this Agreement shall survive expiration or termination of this
Agreement.
11. Partial Invalidity. If any provision of this Agreement or the application thereof to
any party or circumstance shall, to any extent, be held invalid or unenforceable, the
remainder of this Agreement or the application of such provision to the parties or
circumstances other than those to which it is held invalid or unenforceable, shall not
be affected thereby and each provision of this Agreement shall be valid and be
enforced to the fullest extent permitted by law.
12. Captions and Headings. The captions, headings, article numbers and paragraph
numbers appearing in this Agreement are inserted only as a matter of convenience
and in no way shall be construed as defining or limiting the scope or intent of the
provision of this Agreement nor in any way affecting this Agreement.
13. No Employment Relationship. This Agreement is not intended to and shall not be
construed to create an employment relationship between NPS and Recipient or its
representatives. No representative of Recipient shall perform any function or make
any decision properly reserved by law or policy to the Federal government.
14. No Third–Party Rights. This Agreement creates enforceable obligations between
only NPS and Recipient. Except as expressly provided herein, it is not intended nor
shall it be construed to create any right of enforcement by or any duties or obligation
in favor of persons or entities not a party to this Agreement.
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15. Foreign Travel. The Recipient shall comply with the provisions of the Fly America
Act (49 U.S.C. 40118). The implanting regulations of the Fly America Act are found
at 41 CFR 301–10.131 through 301–10.143.
a) Special Provisions
1) Public Information and Endorsements
a) Recipient shall not publicize or otherwise circulate promotional material (such as
advertisements, sales brochures, press releases, speeches, still and motion
pictures, articles, manuscripts or other publications) which states or implies
governmental, Departmental, bureau, or government employee endorsement of a
business, product, service, or position which the Recipient represents. No release
of information relating to this award may state or imply that the Government
approves of the Recipient’s work products, or considers the Recipient’s work
product to be superior to other products or services.
b) All information submitted for publication or other public releases of information
regarding this project shall carry the following disclaimer.
c) The views and conclusions contained in this document are those of the authors
and should not be interpreted as representing the opinions or policies of the U.S.
Government. Mention of trade names or commercial products does not constitute
their endorsement by the U.S. Government.
d) Recipient must provide a digital copy of any public information releases
concerning this award that refer to the Department of the Interior, National Park
Service, or Historic Preservation Fund. Specific text, layout photographs, etc. of
the proposed release may be submitted for prior approval.
e) As stipulated in 36 CFR Part 800, public views and comments regarding all
Federally-funded undertakings on historic properties must be sought and
considered by the authorizing Federal agency. Therefore, the grantee is required
to post a press release regarding the undertaking under this grant in one or more
of the major newspapers or news sources that cover the area affected by the
project within 30 days of receiving the signed grant agreement. A copy of the
posted release must be submitted to NPS within 30 days of the posting.
f) The grantee must transmit notice of any public ceremonies planned to publicize
the project or its results in a timely enough manner so that NPS, Department of
the Interior, Congressional or other Federal officials can attend if desired.
g) Recipient further agrees to include this provision in a subaward to a subrecipient,
except for a subaward to a State government, a local government, or to a federally
recognized Indian tribal government.
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2) Publications of Results of Studies. No party will unilaterally publish a joint
publication without consulting the other party. This restriction does not apply to
popular publications of previously published technical matter. Publications pursuant
to this Agreement may be produced independently or in collaboration with others;
however, in all cases proper credit will be given to the efforts of those parties
contribution to the publication. In the event no agreement is reached concerning the
manner of publication or interpretation of results, either party may publish data after
due notice and submission of the proposed manuscripts to the other. In such
instances, the party publishing the data will give due credit to the cooperation but
assume full responsibility for any statements on which there is a difference of
opinion.
3) Rights in Data. The Recipient must grant the United States of America a royalty–
free, non–exclusive and irrevocable license to publish, reproduce and use, and dispose
of in any manner and for any purpose without limitation, and to authorize or ratify
publication, reproduction or use by others, of all copyrightable material first produced
or composed under this Agreement by the Recipient, its employees or any individual
or concern specifically employed or assigned to originate and prepare such material.
4) Retention and Access Requirements for Records. All Recipient financial and
programmatic records, supporting documents, statistical records, and other grants–
related records shall be maintained and available for access in accordance with 2 CFR
Part 200.333–200.337 and the Historic Preservation Fund Grants Manual.
5) Audit Requirements
a) Non–Federal entities that expend $750,000 or more during a year in Federal
awards shall have a single or program–specific audit conducted for that year in
accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501–
7507) and2 CFR Part 200, Subpart F , which is available at
http://www.ecfr.gov/cgi–bin/text–
idx?SID=fd6463a517ceea3fa13e665e525051f4&node=sp2.1.200.f&rgn=div6
b) Non–Federal entities that expend less than $750,000 for a fiscal year in Federal
awards are exempt from Federal audit requirements for that year, but records must
be available for review or audit by appropriate officials of the Federal agency,
pass–through entity, and General Accounting Office (GAO).
c) Audits shall be made by an independent auditor in accordance with generally
accepted government auditing standards covering financial audits. Additional
audit requirements applicable to this agreement are found at 2 CFR Part 200,
Subpart F, as applicable. Additional information on single audits is available from
the Federal Audit Clearinghouse at http://harvester.census.gov/sac/ .
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6) Procurement Procedures. It is a national policy to place a fair share of purchases
with minority business firms. The Department of the Interior is strongly committed to
the objectives of this policy and encourages all recipients of its grants and cooperative
agreements to take affirmative steps to ensure such fairness. Positive efforts shall be
made by recipients to utilize small businesses, minority–owned firms, and women's
business enterprises, whenever possible. Recipients of Federal awards shall take all of
the following steps to further this goal:
a) Ensure that small businesses, minority–owned firms, and women's business
enterprises are used to the fullest extent practicable.
b) Make information on forthcoming opportunities available and arrange time
frames for purchases and contracts to encourage and facilitate participation by
small businesses, minority–owned firms, and women's business enterprises.
c) Consider in the contract process whether firms competing for larger contracts
intend to subcontract with small businesses, minority–owned firms, and women's
business enterprises.
d) Encourage contracting with consortiums of small businesses, minority–owned
firms and women's business enterprises when a contract is too large for one of
these firms to handle individually.
e) Use the services and assistance, as appropriate, of such organizations as the Small
Business Development Agency in the solicitation and utilization of small
business, minority–owned firms and women's business enterprises.
7) Prohibition on Text Messaging and Using Electronic Equipment Supplied by the
Government while Driving. Executive Order 13513, Federal Leadership On
Reducing Text Messaging While Driving, was signed by President Barack Obama on
October 1. This Executive Order introduces a Federal Government–wide prohibition
on the use of text messaging while driving on official business or while using
Government–supplied equipment. Additional guidance enforcing the ban will be
issued at a later date. In the meantime, please adopt and enforce policies that
immediately ban text messaging while driving company–owned or –rented vehicles,
government–owned or leased vehicles, or while driving privately owned vehicles
when on official government business or when performing any work for or on behalf
of the government.
8) Seat Belt Provision. The Recipient is encouraged to adopt and enforce on–the–job
seat belt use policies and programs for their employees when operating company–
owned, rented, or personally owned vehicles. These measures include, but are not
limited to, conducting education, awareness, and other appropriate programs for their
employees about the importance of wearing seat belts and the consequences of not
wearing them.
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9) Trafficking in Persons. This term of award is pursuant to paragraph (g) of Section
106 of the Trafficking Victims Protections Act of 2000, as amended (2 CFR
§175.15).
a) Provisions applicable to a recipient that is a private entity.
1. You as the Recipient, your employees, subrecipients under this award, and
subrecipients’ employees may not–
i. Engage in severe forms of trafficking in persons during the period of
time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is
in effect; or
iii. Use forced labor in the performance of the award or subawards under
the award.
2. We as the Federal awarding agency may unilaterally terminate this award,
without penalty, if you or a subrecipient that is a private entity–
i. Is determined to have violated a prohibition in paragraph a.1 of this
award term; or
ii. Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph a.1 of
this award term through conduct that is either:
a. Associated with performance under this award: or
b. Imputed to you or the subrecipient using the standards and due
process for imputing the conduct of an individual to an organization
that are provided in 2 CFR part 180, “OMB Guidelines to Agencies
on Governmentwide Debarment and Suspension
(NonProcurement),” as implemented by our agency at 2 CFR part
1400.
b) Provision applicable to a recipient other than a private entity. We as the Federal
awarding agency may unilaterally terminate this award, without penalty, if a
subrecipient that is a private entity–
1. Is determined to have violated an applicable prohibition in paragraph a.1 of
this award term; or
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2. Has an employee who is determined by the agency official authorized to
terminate the award to have violated an applicable prohibition in paragraph
a.1 of this award term through conduct that is either:
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are
provided in 2 CFR part 180, “OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (NonProcurement),” as
implemented by our agency at 2 CFR part 1400.
c) Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph a.1 of this award
term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of
this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of
2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available
to us under this award.
3. You must include the requirements of paragraph a.1 of this award term in
any subaward you make to a private entity.
d) Definitions. For purposes of this award term:
1. “Employee” means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this awards; or
ii. Another person engaged in the performance of the project or program
under this award and not compensated by you including, but not limited
to, a volunteer or individual whose services are contributed by a third
party as an in–kind contribution toward cost sharing or matching
requirements.
2. “Forced labor” means labor obtained by any of the following methods: The
recruitment, harboring, transportation, provision, or obtaining of a person
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for labor or services, through the use of force, fraud, or coercion for the
purpose of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
3. “Private entity” means:
i. Any entity other than a State, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 CFR 175.25; and
ii. Includes:
a. A nonprofit organization, including any nonprofit institution of
higher education, hospital, or tribal organization other than one
included in the definition of Indian tribe at 2 CFR 175.25(b).
b. A for–profit organization.
4. “Severe forms of trafficking in persons,” “commercial sex act,” and
“coercion” have the meanings given at section 103 of the TVPA, as
amended (22 U.S.C. 7102).
10) Recipient Employee Whistleblower Rights and Requirement to Inform
Employees of Whistleblower Rights
a) This award and employees working on this financial assistance agreement will
be subject to the whistleblower rights and remedies in the pilot program on
Award Recipient employee whistleblower protections established at 41 U.S.C.
4712 by section 828 of the National Defense Authorization Act for Fiscal Year
2013 (Pub. L. 112–239).
b) The Award Recipient shall inform its employees in writing, in the predominant
language of the workforce, of employee whistleblower rights and protections
under 41 U.S.C. 4712.
c) The Award Recipient shall insert the substance of this clause, including this
paragraph (c), in all subawards or subcontracts over the simplified acquisition
threshold, 42 CFR § 52.203–17 (as referenced in 42 CFR § 3.908–9).
11) Reporting Subawards And Executive Compensation
a) Reporting of first–tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph D. of this
award term, you must report each action that obligates $25,000 or more in
Federal funds that does not include Recovery Act funds (as defined in
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section 1512(a)(2) of the American Recovery and Reinvestment Act of
2009, Pub. L. 111–5) for a subaward to an entity (see definitions in
paragraph E. of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph A.1. of
this award term to http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month
following the month in which the obligation was made. (For example, if
the obligation was made on November 7, 2010, the obligation must be
reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating
action that the submission instructions posted at http://www.fsrs.gov
specify.
b) Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for
each of your five most highly compensated executives for the preceding
completed fiscal year, if—
i. The total Federal funding authorized to date under this award is $25,000
or more;
ii. In the preceding fiscal year, you received—
a. 80 percent or more of your annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
b. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
iii. The public does not have access to information about the compensation
of the executives through periodic reports filed under section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see
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the U.S. Security and Exchange Commission total compensation filings
at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation
described in paragraph A.1. of this award term:
i. As part of your registration profile at https://www.sam.gov.
ii. By the end of the month following the month in which this award is
made, and annually thereafter.
c) Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in
paragraph D. of this award term, for each first–tier subrecipient under this
award, you shall report the names and total compensation of each of the
subrecipient’s five most highly compensated executives for the
subrecipient’s preceding completed fiscal year, if—
i. In the subrecipient’s preceding fiscal year, the subrecipient received—
a. 80 percent or more of its annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
b. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation
of the executives through periodic reports filed under section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see
the U.S. Security and Exchange Commission total compensation filings
at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total
compensation described in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make
the subaward. For example, if a subaward is obligated on any date
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during the month of October of a given year (i.e., between October 1 and
31), you must report any required compensation information of the
subrecipient by November 30 of that year.
d) Exemptions.
1. If, in the previous tax year, you had gross income, from all sources, under
$300,000, you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives
of any subrecipient.
e) Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or
Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for–profit organization;
v. A Federal agency, but only as a subrecipient under an award or
subaward to a non–Federal entity.
2. Executive means officers, managing partners, or any other employees in
management positions.
3. Subaward:
i. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which you received this award and that you as the recipient award to an
eligible subrecipient.
ii. The term includes your procurement of property and services needed to
carry out the project or program. The term does not include procurement
of incidental property and services needed to carry out the award project
or program.
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iii. A subaward may be provided through any legal agreement, including an
agreement that you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the
subaward.
5. Total compensation means the cash and noncash dollar value earned by the
executive during the recipient’s or subrecipient’s preceding fiscal year and
includes the following (for more information see 17 CFR 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the
dollar amount recognized for financial statement reporting purposes with
respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared
Based Payments.
iii. Earnings for services under non–equity incentive plans. This does not
include group life, health, hospitalization or medical reimbursement
plans that do not discriminate in favor of executives, and are available
generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined
benefit and actuarial pension plans.
v. Above–market earnings on deferred compensation which is not tax–
qualified.
vi. Other compensation, if the aggregate value of all such other
compensation (e.g. severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or property) for
the executive exceeds $10,000.
12) Conflict of Interest
a) The Recipient must establish safeguards to prohibit its employees and Sub–
recipients from using their positions for purposes that constitute or present the
appearance of a personal or organizational conflict of interest. The Recipient is
responsible for notifying the Awarding Officer in writing of any actual or
potential conflicts of interest that may arise during the life of this award. Conflicts
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of interest include any relationship or matter which might place the Recipient or
its employees in a position of conflict, real or apparent, between their
responsibilities under the agreement and any other outside interests. Conflicts of
interest may also include, but are not limited to, direct or indirect financial
interests, close personal relationships, positions of trust in outside organizations,
consideration of future employment arrangements with a different organization, or
decision–making affecting the award that would cause a reasonable person with
knowledge of the relevant facts to question the impartiality of the Recipient
and/or Recipient's employees and Sub–recipients in the matter.
b) The Awarding Officer and the servicing Ethics Counselor will determine if a
conflict of interest exists. If a conflict of interest exists, the Awarding Officer will
determine whether a mitigation plan is feasible. Mitigation plans must be
approved by the Awarding Officer in writing.
c) Failure to resolve conflicts of interest in a manner that satisfies the government
may be cause for termination of the award. Failure to make required disclosures
may result in any of the remedies described in 2 CFR § 200.338, Remedies/or
Noncompliance, including suspension or debarment (see also 2 CFR Part 180).
13) Minimum Wages Under Executive Order 13658 (January 2015)
(a) Definitions. As used in this clause—
“United States” means the 50 states and the District of Columbia.
“Worker”—
(1) Means any person engaged in performing work on, or in connection with, an
agreement covered by Executive Order 13658, and
(i) Whose wages under such agreements are governed by the Fair Labor Standards
Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41
U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40
U.S.C. chapter 31, subchapter IV),
(ii) Other than individuals employed in a bona fide executive, administrative, or
professional capacity, as those terms are defined in 29 C.F.R. § 541,
(iii) Regardless of the contractual relationship alleged to exist between the
individual and the employer.
(2) Includes workers performing on, or in connection with, the agreement whose
wages are calculated pursuant to special certificates issued under 29 U.S.C. §
214(c).
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(3) Also includes any person working on, or in connection with, the agreement
and individually registered in a bona fide apprenticeship or training program
registered with the Department of Labor's Employment and Training
Administration, Office of Apprenticeship, or with a State Apprenticeship Agency
recognized by the Office of Apprenticeship.
(b) Executive Order Minimum Wage rate.
(1) The Recipient shall pay to workers, while performing in the United States, and
performing on, or in connection with, this agreement, a minimum hourly wage
rate of $10.10 per hour beginning January 1, 2015.
(2) The Recipient shall adjust the minimum wage paid, if necessary, beginning
January 1, 2016 and annually thereafter, to meet the Secretary of Labor's annual
E.O. minimum wage. The Administrator of the Department of Labor's Wage and
Hour Division (the Administrator) will publish annual determinations in the
Federal Register no later than 90 days before the effective date of the new E.O.
minimum wage rate. The Administrator will also publish the applicable E.O.
minimum wage on www.wdol.gov (or any successor Web site) and on all wage
determinations issued under the Service Contract Labor Standards statute or the
Wage Rate Requirements (Construction) statute. The applicable published E.O.
minimum wage is incorporated by reference into this agreement.
(3) (i) The Recipient may request a price adjustment only after the effective
date of the new annual E.O. minimum wage determination. Prices will be adjusted
only if labor costs increase as a result of an increase in the annual E.O. minimum
wage, and for associated labor costs and relevant subaward costs. Associated
labor costs shall include increases or decreases that result from changes in social
security and unemployment taxes and workers' compensation insurance, but will
not otherwise include any amount for general and administrative costs, overhead,
or profit.
(ii) Subrecipients may be entitled to adjustments due to the new minimum wage,
pursuant to paragraph (b)(2). Recipients shall consider any Subrecipient requests
for such price adjustment.
(iii) The Awarding Officer will not adjust the agreement price under this clause
for any costs other than those identified in paragraph (b)(3)(i) of this clause, and
will not provide duplicate price adjustments with any price adjustment under
clauses implementing the Service Contract Labor Standards statute or the Wage
Rate Requirements (Construction) statute.
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(4) The Recipient warrants that the prices in this agreement do not include
allowance for any contingency to cover increased costs for which adjustment is
provided under this clause.
(7) The Recipient shall pay, unconditionally to each worker, all wages due free
and clear without subsequent rebate or kickback. The Recipient may make
deductions that reduce a worker's wages below the E.O. minimum wage rate only
if done in accordance with 29 C.F.R. § 10.23, Deductions.
(8) The Recipient shall not discharge any part of its minimum wage obligation
under this clause by furnishing fringe benefits or, with respect to workers whose
wages are governed by the Service Contract Labor Standards statute, the cash
equivalent thereof.
(9) Nothing in this clause shall excuse the Recipient from compliance with any
applicable Federal or State prevailing wage law or any applicable law or
municipal ordinance establishing a minimum wage higher than the E.O. minimum
wage. However, wage increases under such other laws or municipal ordinances
are not subject to price adjustment under this subpart.
(10) The Recipient shall pay the E.O. minimum wage rate whenever it is higher
than any applicable collective bargaining agreement(s) wage rate.
(11) The Recipient shall follow the policies and procedures in 29 C.F.R. §
10.24(b) and 10.28 for treatment of workers engaged in an occupation in which
they customarily and regularly receive more than $30 a month in tips.
(c) (1) This clause applies to workers as defined in paragraph (a). As provided
in that definition—
(i) Workers are covered regardless of the contractual relationship alleged to exist
between the Recipient or Subrecipient and the worker;
(ii) Workers with disabilities whose wages are calculated pursuant to special
certificates issued under 29 U.S.C. § 214(c) are covered; and
(iii) Workers who are registered in a bona fide apprenticeship program or training
program registered with the Department of Labor's Employment and Training
Administration, Office of Apprenticeship, or with a State Apprenticeship Agency
recognized by the Office of Apprenticeship, are covered.
(2) This clause does not apply to—
(i) Fair Labor Standards Act (FLSA) – covered individuals performing in
connection with contracts covered by the E.O., i.e. those individuals who perform
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duties necessary to the performance of the agreement, but who are not directly
engaged in performing the specific work called for by the agreement, and who
spend less than 20 percent of their hours worked in a particular workweek
performing in connection with such agreements;
(ii) Individuals exempted from the minimum wage requirements of the FLSA
under 29 U.S.C. § 213(a) and 214(a) and (b), unless otherwise covered by the
Service Contract Labor Standards statute, or the Wage Rate Requirements
(Construction) statute. These individuals include but are not limited to—
(A) Learners, apprentices, or messengers whose wages are calculated pursuant to
special certificates issued under 29 U.S.C. § 214(a).
(B) Students whose wages are calculated pursuant to special certificates issued
under 29 U.S.C. § 214(b).
(C) Those employed in a bona fide executive, administrative, or professional
capacity (29 U.S.C. § 213(a)(1) and 29 C.F.R. § part 541).
(d) Notice. The Recipient shall notify all workers performing work on, or in
connection with, this agreement of the applicable E.O. minimum wage rate under
this clause. With respect to workers covered by the Service Contract Labor
Standards statute or the Wage Rate Requirements (Construction) statute, the
Contractor may meet this requirement by posting, in a prominent and accessible
place at the worksite, the applicable wage determination under those statutes.
With respect to workers whose wages are governed by the FLSA, the Recipient
shall post notice, utilizing the poster provided by the Administrator, which can be
obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at
the worksite. Recipients that customarily post notices to workers electronically
may post the notice electronically provided the electronic posting is displayed
prominently on any Web site that is maintained by the Recipient, whether external
or internal, and customarily used for notices to workers about terms and
conditions of employment.
(e) Payroll Records. (1) The Recipient shall make and maintain records, for three
years after completion of the work, containing the following information for each
worker:
(i) Name, address, and social security number;
(ii) The worker's occupation(s) or classification(s);
(iii) The rate or rates of wages paid;
(iv) The number of daily and weekly hours worked by each worker;
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(v) Any deductions made; and
(vi) Total wages paid.
(2) The Recipient shall make records pursuant to paragraph (e)(1) of this clause
available for inspection and transcription by authorized representatives of the
Administrator. The Recipient shall also make such records available upon request
of the Contracting Officer.
(3) The Recipient shall make a copy of the agreement available, as applicable, for
inspection or transcription by authorized representatives of the Administrator.
(4) Failure to comply with this paragraph (e) shall be a violation of 29 C.F.R. §
10.26 and this agreement. Upon direction of the Administrator or upon the
Awarding Officer's own action, payment shall be withheld until such time as the
noncompliance is corrected.
(5) Nothing in this clause limits or otherwise modifies the Recipient’s payroll and
recordkeeping obligations, if any, under the Service Contract Labor Standards
statute, the Wage Rate Requirements (Construction) statute, the Fair Labor
Standards Act, or any other applicable law.
(f) Access. The Recipient shall permit authorized representatives of the
Administrator to conduct investigations, including interviewing workers at the
worksite during normal working hours.
(g) Withholding. The Awarding Officer, upon his or her own action or upon
written request of the Administrator, will withhold funds or cause funds to be
withheld, from the Recipient under this or any other Federal agreement with the
same Recipient, sufficient to pay workers the full amount of wages required by
this clause.
(h) Disputes. Department of Labor has set forth in 29 C.F.R. § 10.51, Disputes
concerning Recipient compliance, the procedures for resolving disputes
concerning an Recipient’s compliance with Department of Labor regulations at
29 C.F.R. § 10. Such disputes shall be resolved in accordance with those. This
includes disputes between the Recipient (or any of its Subrecipients) and the
contracting agency, the Department of Labor, or the workers or their
representatives.
(i) Antiretaliation. The Recipient shall not discharge or in an y other manner
discriminate against any worker because such worker has filed any complaint or
instituted or caused to be instituted any proceeding under or related to compliance
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with the E.O. or this clause, or has testified or is about to testify in any such
proceeding.
(j) Subcontractor compliance. The Recipient is responsible for Subrecipient
compliance with the requirements of this clause and may be held liable for unpaid
wages due Subrecipient workers.
(k) Subawards. The Recipient shall include the substance of this clause, including
this paragraph (k) in all subawards, regardless of dollar value, that are subject to
the Service Contract Labor Standards statute or the Wage Rate Requirements
(Construction) statute, and are to be performed in whole or in part in the United
States.
XIII. COST SHARING/MATCHING REQUIREMENT
At 0 % non-Federal cost-share/match is required for costs incurred under this Agreement. At
least $0 in eligible non-Federal matching contributions that are allowable and properly
documented must be used during the grant period to share the costs for this statement of work.
Failure to use the required non-Federal matching share will result in the disallowance of costs
reimbursed, and/or the deobligation of remaining unexpended funds. No Matching Funds were
approved for this grant.
XIV. PRE-AWARD INCURRENCE OF COSTS
The Recipient shall be entitled to costs incurred on or after xx/xx/xxxx. In accordance with 2
CFR 200.458, such costs are allowable only to the extent that they would have been allowable if
incurred after the date of the Federal award and only with the written approval of the Federal
Awarding agency. Pre-award costs shall only be applied to the non-Federal cost share and is not
eligible for reimbursement. No Pre-Award Costs were approved for this grant.
XV. PATENTS AND INVENTIONS
Recipients of agreements which support experimental, developmental, or research work shall be
subject to applicable regulations governing patents and inventions, including the government-
wide regulations issued by the Department of Commerce at 37 CFR 401, Rights to Inventions
Made by Non-profit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements. These regulations do not apply to any agreement made
primarily for educational purposes.
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XVI. NPS CONCURRENCE WITH SELECTION OF CONSULTANTS.
The grantee must submit documentation of a competitive consultant selection process, along
with its justification and resume(s) for consultant(s) selected for grant-assisted work, to the NPS
ATR for approval. The consultant(s) must have the requisite experience and training in historic
preservation to oversee the project work to be performed. All consultants must be competitively
selected and documentation of this selection must be maintained by the grantee and be made
readily available for examination by the NPS. Federal contracting and procurement guidan ce can
be found in 2 CFR 200.318. Maximum hourly rates charged to this grant may not exceed 120%
of a Federal Civil Service GS-15, step 10 salary per project location. Current salary tables can be
found on the Office of Personnel and Management website: https://www.opm.gov/policy-data-
oversight/pay-leave/salaries-wages/.
XVII. COMPLIANCE WITH SECTION 106 OF THE NATIONAL HISTORIC
PRESERVATION ACT
Pursuant to Section 106 of the National Historic Preservation Act (54 U.S.C. 306108), NPS and
the grantee must complete the consultation process stipulated in the regulations issued by the
Advisory Council for Historic Preservation in 36 CFR 800 prior to the commencement of all
grant-assisted construction or ground disturbance on the property. NPS has initiated the Section
106 consultation process with the State Historic Preservation Officer (SHPO), by notifying the
SHPO of the grant and sending the SHPO a copy of the grant application. NPS will review the
plans and specifications submitted by the grantee, and forward a determination to the SHPO
regarding the effect to historic properties. When all work funded under this grant has been
completed, the grantee must submit a copy of the final Performance Report to the NPS to
confirm that all work was completed as agreed upon.
XVIII. REQUIREMENT FOR PROJECT SIGN
The grantee must create public notification of the project in the form of a project sign, website
notification, and proper credit for announcements and publications as appropriate. Signage must:
be of reasonable and adequate design and construction to withstand weather exposure; be of a
size that can be easily read from the public right-of-way; and be maintained in place throughout
the project term as stipulated in this Grant Agreement. At a minimum, the all notifications must
contain the following statement: “[Project Name] is being supported in part by an
Underrepresented Community grant from the Historic Preservation Fund administered by the
National Park Service, Department of the Interior.” Additional information briefly identifying
the historical significance of the property, recognizing other contributors, or use of the allowable
logo is encouraged and permissible. Photographs of the notification must be submitted to NPS
with the first Performance Report. The cost of fabricating and erecting notification is an eligible
cost for this grant.
ARTICLE XIX – ATTACHMENTS
The following completed documents are attached to and made a part of this Agreement:
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Attachments:
SF–424 – Application for Federal Assistance
SF–424 A – Budget Information – Non–Construction Programs
SF–424 B – Assurances – Non–Construction Programs
SF-424 C – Budget Information - Construction Programs
SF-424 D – Assurances – Construction Programs
The Standard Forms (SF) can be downloaded electronically at www.grants.gov or by contacting
the NPS ATR.
ARTICLE XIV – SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set
forth below.
FOR CITY OF PASCO, WA:
___________________________________________________
CITY OF PASCO, WA
Title Date
FOR THE NATIONAL PARK SERVICE:
_______________________________________________________
Megan J. Brown
Chief State, Tribal, Local Plans & Grants Date
Awarding Officer
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Proclamation
“Public Works Week”
May 20-26, 2018
WHEREAS, public works services provided in our community are an integral part of our citizens’
everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation
of public works systems and programs such as water, sewer, streets and highways, public buildings, and
solid waste collection; and
WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and
services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design,
construction and continued maintenance is vitally dependent upon the efforts and skill of public works
employees; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works
departments is materially influenced by the people’s attitude and understanding of the importance of the
work they perform;
NOW, THEREFORE, I, Matt Watkins, Mayor of the City of Pasco, Washington, do hereby proclaim
May 20-26, 2018 as
“Public Works Week”
in the City of Pasco, and call upon all citizens and civic organizations to acquaint themselves with the
challenges and diversity of public works projects and operations, and to recognize the contributions which
public works employees make every day to our health, safety, comfort, and quality of life.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of
Pasco, State of Washington, to be affixed this 21st day of May 2018.
Matt Watkins, Mayor
City of Pasco
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AGENDA REPORT
FOR: City Council May 17, 2018
TO: Dave Zabell, City Manager Regular Meeting: 5/21/18
FROM: Bob Metzger, Police Chief
Police Department
SUBJECT: Use of Personal Fireworks
I. REFERENCE(S):
Ordinance Amending PMC Chapter 16.40 Fire Prevention Code
Fireworks Communication Received
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No.________, Amending Section 16.40.050
“Substitution for Section 5608 of the IFC Fireworks”; Adopting Section 16 .40.051
“Substitute for Section 5601.1.3 Fireworks”; Amending Section 16.40.060
“Amendment of Section 5608.2 Fireworks Permits, to the IFC”; Adopting Chapter 5.80
“Fireworks Sales”; and Amending Section 3.07.050 “Business Licenses” and further,
authorize publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
In 1996, the City of Pasco, along with Franklin County and the City of Kennewick,
passed ordinances prohibiting the use of personal fireworks. This ordinance was passed
as a result of a significant number of structural and wildland fires that occurred during
the firework sale period beginning June 28 and ending July 5. Most of the fires were
determined to have been caused by the discharge of illegal fireworks by citizens
discharging personal fireworks.
V. DISCUSSION:
Based on prior council discussions, staff has prepared the proposed ordinance in
coordination with the city attorney for consideration by the City Council. In brief, this
ordinance would allow for the following:
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1. The sale and use of consumer fireworks as defined by RCW 70.77.136.
2. Persons under the age of 16 may not possess, use, discharge or transport consumer
fireworks except under supervision of an adult (18 or older).
3. Restrictions on where consumer fireworks may be discharged.
4. Restricts sale of consumer fireworks to commercially zoned properties
5. Restricts dates and times of sale.
6. Establishes licensing requirements, penalties and safety considerations
The ordinance is consistent with state guidelines and has been reviewed thoroughly and
is supported by the Police and Fire departments.
Attached is the proposed ordinance as well as comments received from the public.
Staff is recommending that the City Council approve the ordinance as presented.
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ORDINANCE NO.__________
AN ORDINANCE of the City of Pasco, Washington
Amending Section 16.40.050 “Substitution for Section 5608 of
the IFC Fireworks”; Adopting Section 16.40.051 “Substitution
for Section 5601.1.3 of the IFC – Fireworks”; Amending
Section 16.40.060 “Amendment of Section 5608.2 Fireworks
Permits, to the IFC”; Adopting Chapter 5.80 “Fireworks Sales
and Wholesale Distribution”; and Amending Section 3.07.050
“Business Licenses”
WHEREAS, the City of Pasco has found that fireworks when purchased and used in
compliance with the laws of the State of Washington and according to the provisions and
requirements of this Ordinance, are legal; and
WHEREAS, the City of Pasco has found that its current Pasco Municipal Code
provisions banning the storage, sale, possession, or discharge of any fireworks shall be amended
to allow under certain conditions the sale and discharge of fireworks that are not specifically
banned. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 16.40.050 entitled “Substitution for Section 5608 of the IFC
Fireworks” of the Pasco Municipal Code shall be and hereby is amended and shall read as
follows:
16.40.050 SUBSTITUTION FOR SECTION 5608 OF THE IFC – FIREWORKS
DISPLAY. Section 5608.1 of the International Fire Code is hereby amended to read as follows:
Section 5608.1 FIREWORKS DISPLAY: Except as herein provided, it shall be unlawful for any
person to store, offer for sale, expose for sale or use, possess, fire, or discharge any fireworks.
The Fire Chief shall have the authority to adopt reasonable rules and regulations for the granting
of permits for supervised public display of fireworks by the municipality, fair association,
amusement parks, and other organizations. Every such display shall be handled by a competent
operator approved by the Fire Chief. Every operator shall have first obtained a Washington State
Pyrotechnic license pursuant to RCW 70.77.305 and WAC Chapter 212-17. The display shall be
of such a character, and so located, discharged or fired as in the opinion of the Fire Chief after
proper inspection, shall not be hazardous to property or endanger any person. Violation of this
subsection shall constitute a civil infraction punishable by a civil penalty not to exceed two
hundred and fifty dollars ($250.00) for each violation. EXCEPTIONS: Any person having the
necessary licenses from the State of Washington may possess and store fireworks in the City of
Pasco at an approved location properly zoned therefore, for the purpose of the distribution of
such fireworks for retail sale outside the city limits. (Ord. 4108, 2013; Ord. 3694, 2010; Ord.
3670 Sec. 12, 2004; Ord. 3316 Sec. 14, 1998.)
Ordinance – Fire Prevention Code - 1
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Section 2. That a new Section 16.40.051 entitled “Substitution for Section 5601.1.3
of the IFC – Fireworks” of the Pasco Municipal Code shall be and hereby is adopted and shall
read as follows:
16.40.051 SUBSTITUTION FOR SECTION 5601.1.3 OF THE IFC –
FIREWORKS.
(1) The possession, manufacture, storage, sale, handling of fireworks are prohibited
except those permitted under subsection (2) below, or exempt under subsection (3) below.
(2) Permitted Fireworks. Consumer fireworks as defined by RCW 70.77.136, which
are small devices designed to produce audible affects such as a whistling device, ground device
containing 50 milligrams or less of explosive materials, except aerial devices, or such other
devices that may be launched, discharged, or may become airborne. Approved consumer
fireworks for the purpose of this section shall be identified from the Washington State Patrol list
of consumer fireworks pursuant to RCW 70.77.575 and posted upon the City’s website at
www.pasco-wa.gov, and generally identified under the Washington State Patrol Fire Protection
Bureau – Prevention Division website as Consumer Fireworks for Sale in Tents and Stands.
(3) Exceptions:
(a) Storage and handling of fireworks as allowed in Section 5604 by persons
or entities having the required licenses from the State of Washington for manufacture,
storage and wholesale distribution of fireworks at a location zoned Industrial and
approved by the City for the purpose of the distribution of such fireworks for retail sale in
or outside City limits.
(b) The use of fireworks for fireworks displays as allowed in Section 5608
(Fireworks Display).
(c) Possession, storage, sale, and handling of specific consumer fireworks as
defined in subsection (2) above.
(4) The City Manager or his/her designee, after consulting with the fire chief, police
chief, other officials and information as deemed appropriate, may prohibit the discharge of all
fireworks during periods of extreme fire emergency. The City Manager or his/her designee shall
consider relevant advisory notices from such organizations as Emergency Management Division
Washington, Franklin County Emergency Management and regional declarations of emergency
in making a decision to enact emergency restrictions on the discharge of fireworks.
(5) Retail sales of permitted consumer fireworks, as provided in section (2) above,
shall be allowed within City limits in certain zones and during specific dates of each year and
also subject to other criteria as provided for in this chapter and in PMC 5.80 “Fireworks Sales
and Wholesale Distribution.”
Ordinance – Fire Prevention Code - 2
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(6) Discharge of Fireworks. Permitted consumer fireworks may be used for
discharge only on the dates and times permitted by RCW 70.77.395, consisting of each day
between the hours of 12:00 noon and 11:00 p.m. on the 28th day of June; between the hours of
9:00 a.m. and 11:00 p.m. on the 29th day of June to the 3rd day of July; on the 4th day of July
between the hours of 9:00 a.m. and 12:00 midnight; between the hours of 9:00 a.m. and 11:00
p.m. on the 5th day of July; and from 6:00 p.m. on the 31st day of December until 1:00 a.m. on
the 1st day of January the subsequent year.
(7) Limitation on Use.
(a) Supervision. It shall be unlawful for a parent, guardian, or other person
responsible for a child under the age of sixteen (16) to allow that child to possess, use,
discharge, or transport any fireworks unless that child is under the immediate supervision
of an adult. It shall be unlawful for any person under the age of sixteen (16) to possess,
use, discharge, or transport any fireworks unless under immediate supervision of an adult
(18 years old or older). It shall be unlawful for any person or entity to sale or give
fireworks to anyone under the age of sixteen (16) years unless that person is under the
immediate supervision of an adult (18 years old or older).
(b) Smoking and the discharge of fireworks shall be prohibited within 100
feet of any building or stand in which fireworks are sold at retail or stored after hours, or
to discharge or permit discharge of fireworks in close proximity to any structure,
combustible material, or person creating unreasonable risk of harm.
(c) It is unlawful to use, fire, or discharge any fireworks along the route of or
during any parade or other place of public assembly, or in any commercial district.
(d) It is unlawful at any time to throw or toss any fireworks at any person,
animal, vehicle, thing or object.
(e) It is unlawful to have in possession, use, fire, or discharge any fireworks in
any public park within the City, including vehicle parking areas, within or adjacent to a
park.
(8) Violation of this Chapter shall constitute a civil infraction punishable by a civil
penalty of not less than $250.00 for each violation. Each discharge of a non-permitted firework
shall be deemed a separate offense.
Section 3. That Section 16.40.100 entitled “Amendment of Section 5608.2 Fireworks
Permits, to the IFC” of the Pasco Municipal Code shall be and hereby is amended and shall read
as follows:
16.40.100 AMENDMENT TO SECTION 109.4 VIOLATIONS AND PENALITES
OF THE IFC. Section 109.4 of the 2015 International Fire Code is amended to read as follows:
Section 109.4 Violations – Penalties: Except for violations of PMC Section 16.40.051, any
person, firm or corporation violating a provision of this chapter which is not also a violation of
Ordinance – Fire Prevention Code - 3
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any other provisions of this Title or the codes adopted thereby, or shall fail to comply with the
requirements thereof or who shall erect, install, alter, repair, or do work in violation of the
approved construction documents or direction of the fire code official, or of a permit or
certificate used under the provisions of this chapter, or operate or maintain an occupancy,
premises, or vehicle subject to this chapter who allow a hazard to exist or fail to take immediate
action to abate a hazard on such occupancy, premises, or vehicle when ordered to do so by the
fire code official, shall be guilty of a gross misdemeanor. Each day that violation continues after
due notice has been served, shall be deemed a separate offense. (Ord. 4296, 2016; Ord. 4108,
2013; Ord. 3964, 2010; Ord. 3670 Sec. 12, 2004; Ord. 3316 Sec. 14,1998.)
Section 4. That a new Chapter 5.80 entitled “FIREWORKS SALES AND
WHOLESALE DISTRIBUTION” of the Pasco Municipal Code shall be and hereby is adopted
and shall read as follows:
Chapter 5.80
FIREWORKS SALES AND WHOLESALE DISTRIBUTION
Sections:
5.80.010 License Required.
5.80.020 Premises.
5.80.030 Permit Fee.
5.80.040 Term of License.
5.80.050 Application for License.
5.80.060 Investigation and Determination.
5.80.070 Timing for Filing of Application.
5.80.080 Fireworks Sales Requirements.
5.80.090 Code Infraction – Civil Penalty.
5.80.100 Revocation of License.
5.80.110 Appeal.
5.80.010 LICENSE REQUIRED. It shall be unlawful for any person or entity to
conduct, operate, sponsor, distribute, or promote a retail fireworks sales business for the purpose
of buying or selling fireworks without a license issued by the City pursuant to the provisions of
this chapter. A separate license shall be required for each retail and distribution location.
5.80.020 PREMISES. The business of selling or distributing retail consumer
fireworks shall be conducted only within a temporary stand or tent as approved by the City Fire
Marshal at a location that meets the distance requirements as provided below within a
commercial zone.
5.80.030 PERMIT FEE. The nonrefundable fee for this fireworks sales business
license shall be set forth in PMC 3.07.050(E)(13). A separate fee shall be imposed for each
license term (Fourth of July and the New Year’s license term).
Ordinance – Fire Prevention Code - 4
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5.80.040 TERM OF LICENSE. There are two (2) fireworks sales license terms for
which an applicant may apply. The Fourth of July license term shall commence at 12:00 a.m. on
the 28th of June of each year; and terminate at 9:00 p.m. on the 5th day of July of each calendar
year. The New Year’s license term shall commence at 12:00 noon on the 27th day of December
of each year, and expire at 11:00 p.m. on the 31st of December of each year. The City will issue
a maximum of two (2) wholesale distribution licenses, and only four (4) firework sales licenses
within a 12-month period. If approved, the licenses will be issued on a first come basis.
5.80.050 APPLICATION FOR LICENSE. Any person or entity desiring to secure
a fireworks sales license shall make application through the City’s Business Licensing Service
on a form to be provided by the City which shall include, but not be limited to the following:
(1) The name or names and address of the applicant, the location or locations upon
which the fireworks sales shall be conducted, and a notarized written authorization from the real
property owner of the location or locations upon which fireworks sales shall occur.
(2) A valid Washington State license and proof of a liability insurance policy with
coverage of not less than $50,000; and $500,000 for bodily injury liability for each person or
occurrence, respectively; and not less than $50,000 for property damage liability for each
occurrence, or such policy as may comply with the requirements of RCW 70.77.270.
5.80.060 INVESTIGATION AND DETERMINATION. Upon receipt of the
completed application, supplemental documentation, and the application fee, the City Business
Licensing Service shall refer the application to the City Fire Marshal, who shall conduct an
investigation and inspection of the applicant, business activity, and business locations to
determine compliance with applicable codes, siting requirements, eligibility of the applicant,
including the applicant’s past compliance with applicable rules, regulations, and ordinances. The
Fire Marshal shall submit a report of findings and a determination to approve or deny the license
application. Denial of the application may be appealed by the applicant as provided below.
5.80.070 TIMING FOR FILING OF APPLICATION. An application for fireworks
sales business license for the Fourth of July license term shall be submitted no later than June 11,
2018 for the 2018 calendar year. The application shall be granted or denied by the City on or
before 5:00 p.m. on June 20, 2018 for the 2018 calendar year. In all the years thereafter, a
completed application shall be submitted to the City no later than May 10 which application shall
be approved or denied by June 10, or no more than thirty (30) days after receipt of the completed
application, whichever date first occurs. Applications for the New Year’s license term shall be
submitted no later than November 10 of each year and shall be approved or denied by the City by
December 10, or no more than thirty (30) days after receipt of the completed application,
whichever date first occurs.
5.80.080 FIREWORKS SALES REQUIREMENTS.
A) Applications for license shall not be accepted nor license issued to individuals
under the age of eighteen (18) years of age. No person under the age of eighteen (18) years of
age shall be employed by the licensee in connection with the retail sales of fireworks.
Ordinance – Fire Prevention Code - 5
Page 61 of 90
B) Retail sales of consumer fireworks shall only be allowed within the City from
12:00 noon to 11:00 p.m. on the 28th day of June of each year; from 9:00 a.m. to 11:00 p.m. on
each day from the 29th of June through the 4th of July of each year; and from 9:00 a.m. to 9:00
p.m. on the 5th day of July for the Fourth of July license term. Sale of fireworks shall only be
allowed within the City from 12:00 noon to 11:00 p.m. on each day from the 27th of December
through the 31st day of December of each year during the New Year’s license term as required by
RCW 70.77.136.
C) Fireworks sales shall only be permitted in commercial zones within the City.
D) Fireworks inventory, storage and sales shall only be permitted within temporary
stands or tents as approved by the Fire Marshal of the City, and shall be prohibited within
permanent structures or the locations which pose a safety risk.
E) Fireworks stands shall provide no smoking signs in red letters, not less than 2” in
height, on white background. All signs shall be maintained in a legible condition and shall be
placed and displayed so as to be clearly visible and readable a minimum of 20 feet from the
location in which fireworks are sold or stored.
F) Each firework sales location shall have not less than two water-type extinguishers
of not less than two and one-half gallon capacity or the equivalent.
G) There shall be at least two exits from all stands and temporary structures from
which fireworks are sold. The two exits shall be unobstructed and open from the ground level to
at least six feet in height.
H) There shall be no accumulation of dry grass, paper, cardboard, trash, lumber, or
other combustibles within 100 feet of any fireworks sales location.
I) Fireworks shall not be sold within 100 feet of any flammable or combustible
liquid or liquid petroleum gas dispenser.
J) The fireworks sales stand used for the sale of fireworks shall be removed from the
premises no later than seven (7) days from the last date of sales. Any stand or structure
remaining beyond this date may be removed by order of the Pasco Chief of Police at the expense
of the licensee or property owner.
K) The fireworks business licensee shall distribute, with each sale of fireworks,
safety literature as approved by the City of Pasco Fire Marshal. The Fire Marshal may require
approved safety posters to be mounted in conspicuous locations at each fireworks sales location.
L) It is unlawful for any person or entity to sale or give fireworks to anyone under
the age of sixteen (16) unless that person is under the immediate supervision of an adult (18
years of age or older). Signs shall be posted prominently at each fireworks sales location which
state:
Ordinance – Fire Prevention Code - 6
Page 62 of 90
“IT IS UNLAWFUL TO SALE OR GIVE FIREWORKS TO ANYONE
UNDER THE AGE OF SIXTEEN (16) YEARS UNLESS THAT
PERSON IS UNDER THE IMMEDIATE SUPERVISION OF AN
ADULT EIGHTEEN (18) YEARS OF AGE OR OLDER. IT SHALL BE
UNLAWFUL FOR A PARENT, GUARDIAN, OR OTHER PERSON
RESPONSIBLE FOR A CHILD UNDER THE AGE OF SIXTEEN (16)
YEARS OF AGE TO ALLOW THAT CHILD TO POSSESS, USE,
DISCHARGE, OR TRANSPORT ANY FIREWORKS UNLESS THAT
CHILD IS UNDER THE IMMEDIATE SUPERVISION OF AN
ADULT.”
M) Smoking and the discharge of fireworks shall be prohibited within 100 feet of any
fireworks sales location.
N) There shall be prominently posted at each fireworks sales location a list of the
fireworks that may be sold to the public and approved for sale within the City of Pasco as
required by RCW 70.77.580.
O) The fireworks business license shall be conspicuously posted at each fireworks
sales location and shall be produced for inspection upon the request of any authorized City
official or employee.
P) The firework sales location cannot be within 50 feet of any structure and cannot
be within 25 feet of any property line or City right-of-way. The actual location of structures and
improvements must comply with the approved site plan.
5.80.090 CODE INFRACTION - CIVIL PENALTY. Any person or entity
violating any of the provisions or failing to comply with any requirements of this chapter, upon a
finding that the act or omission has been committed, shall be guilty of a civil infraction and shall
be punished by a fine of not less than one hundred fifty dollars ($150.00) no more than three
hundred fifty dollars ($350.00). Each such person or entity is guilty of a separate infraction for
each and every day during any portion of which any violation of any provision of this chapter is
committed, continued or permitted by such person or entity and shall be punished as stated
above.
5.80.100 REVOCATION OF LICENSE. Any license issued under this Chapter
may be revoked, in writing, by the City Manager upon determination by the City Fire Marshal
for any of the following causes:
A) Any fraud, misrepresentation, or false statement contained in the application for
the license.
B) Any fraud, misrepresentation, or false statement made in connection with the
selling of any products at the fireworks sales location.
Ordinance – Fire Prevention Code - 7
Page 63 of 90
C) Any violation of this chapter.
D) Causing or permitting an unreasonably dangerous condition to exist, or conduct or
action at a fireworks sales location that creates an unreasonable risk of harm.
E) Conducting the business license under this chapter in an unlawful manner or in
such a manner as to constitute a breach of the peace or to constitute a substantial risk to the
health, safety and general welfare of the public.
5.80.110 APPEAL. Any applicant of licensee aggrieved by the denial of an
application for a license, or by the revocation of a license, shall have the right to an appeal before
the City Hearing Examiner pursuant to PMC 2.19.080(G). Any appeal must be submitted in
writing and filed with the City Clerk no later than fourteen (14) calendar days after the notice of
decision has been served upon, or mailed by certified mail, to the applicant or licensee address
contained in the license application, including a written statement setting forth the grounds for
the appeal.
Section 5. That Section 3.07.050 entitled “Business Licenses” of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
3.07.050 BUSINESS LICENSES
Fee/Charge Reference
A) License Base Fee $80.00 5.04.160
B) Employee Fee – per full time equivalent $20.00 5.04.160
C) Late Penalty:
1) Rentals – Dwelling units, per license 20% of amount due 5.78.018
D) Rental Dwellings – includes first unit
(No maximum fee)
$50.00 5.78.018
Each additional unit $10.00 5.78.018
E) Special Events:
1) Athletic, Competitive or Festival $25.00 5.25.070
2) Auction Sales – for 3 days $75.00 5.25.070
3) Carnivals & Circuses – first day fee $275.00 5.25.070
a) Each and every day after first $125.00 5.25.070
4) Concert $25.00 5.25.070
5) Dance Hall – without liquor $75.00 5.25.070
6) Dance Hall – with liquor $350.00 5.25.070
7) Demonstration $15.00 5.25.070
Ordinance – Fire Prevention Code - 8
Page 64 of 90
8) Outdoor Music Festival $25.00 5.25.070
9) Parade $15.00 5.25.070
10) Public Dance $15.00 5.25.070
11) Temporary Special Sales Event –
(maximum for event $500.00)
$40.00 for the first
vendor
5.25.070
a) Each additional vendor $20.00
12) Street and Intersection Closure
Review Fee
$50.00 5.25.115
(A)(5)
13) Fireworks Sales and Wholesale
Distribution
a) Fourth of July License Term
- fire safety inspection ($75.00)
- license fee ($40.00)
b) New Year License Term
- fire safety inspection ($75.00)
- license fee ($40.00)
$115.00
$115.00
3.07.050
5.80.030
5.80.030
F) Solicitors $150.00 5.08.050
G) Pawnshop $250.00 5.12.012
H) Amusement Device Distributor $500.00 5.20.100
1) Amusement Device User – 1-6 machines $50.00 5.20.100
2) Amusement Device User – 6+ machines $100.00 5.20.100
I) Adult Entertainment Facility: $700.00 5.27.110
1) Adult Entertainer $150.00 5.25.110
2) Adult Waitperson $150.00 5.27.110
3) Adult Ent. Bus. Mgr. $150.00 5.27.110
J) Taxicab & Transportation Network
Company Licensing
1) Annual For-Hire (Taxicab/TNC)
Business License Application Review
And Business License Fee in the
amount as follows:
5.45A.040
Companies employing or contracting
with ten (10) or fewer drivers.
$300.00
Ordinance – Fire Prevention Code - 9
Page 65 of 90
Companies employing or contracting
with eleven (11) to forty (40) drivers.
$700.00
Companies employing or contracting
with forty-one (41) or more drivers.
$2,000.00
2) Annual For-Hire Driver Business
License
$40.00 5.45A.050
3) Photograph (as applicable) $5.00 5.45A.060
4) Fingerprints (as applicable) $10.005.00 5.45A.060
5) Criminal History Check (as applicable) $30.00 5.45A.060
6) WSP/FBI Criminal History Check $34.75 5.45A.060
K) Sidewalk Sales No fee 5.56.010
L) Mobile Home Park
1) Inspection fee $20.00 19.12.030
M) Yard Sale Permit No Fee 5.52.020
1) Yard Sale Sign Violation $50.00 17.050.020
(Ord. 4372, 2017; Ord. 4342, 2017; Ord. 4321, 2016; Ord. 4154, 2014; Ord. 4100, 2013; Ord.
4074, 2012; Ord. 3857, 2008; Ord. 3766, 2006; Ord. 3764, 2006; Ord. 3759, 2006; Ord. 3543,
2002).
Section 6. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this ____ day of _________________, 2018.
_____________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________________
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Ordinance – Fire Prevention Code - 10
Page 66 of 90
Page 67 of 90
From: Charlie Grigg [mailto:charlie@griggsonline.com]
Sent: Thursday, May 17, 2018 10:37 AM
To: Dave Zabell; Craig Maloney; Blanche Barajas; David Milne; Saul Martinez; Pete Serrano; Ruben
Alvarado; Matt Watkins
Cc: 'Charles F Grigg'; 'Robin Grigg'; 'CJ Grigg'; 'Nicki Grigg'
Subject: Legalization of Safe and Sane fireworks
Council,
I understand you are going to be voting on legalizing fireworks in the City of Pasco, to match what
Richland is doing.
We support doing that!
We have sold fireworks in Eastern Washington for about 50 years, and look forward to having a
fireworks stand out in front of our store again.
It is short notice, but we can get it done!
We would appreciate a Yes vote on Monday!
Charlie Grigg
Grigg Enterprises, Inc.
Ace stores, 1887, 11682, 14467, 15365
(509) 547-0566 Work
(509) 547-4387 Fax
Page 68 of 90
AGENDA REPORT
FOR: City Council May 15, 2018
TO: Dave Zabell, City Manager Regular Meeting: 5/21/18
FROM: Rick White, Director
Community & Economic Development
SUBJECT: PSD 2018 Capital Facility Plan Update and Impact Fee Report
I. REFERENCE(S):
Proposed Resolution
School District Letter of Transmittal
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution _____, incorporating the 2018 Pasco School
District's 2018 Update of the Capital Facilities Plan into the City of Pasco
Comprehensive Land Use Plan.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
In January of 2011 the Pasco School District (PSD) informed City Council that there
was no longer the capacity to accommodate increased student enrollment due do
residential growth in the community. The District requested both the City and County
consider including the District’s Capital Facilities Plan (CFP) within their respective
Comprehensive Plans and adopt a school impact fee.
Council incorporated the District’s Capital Facilities Plan in the City’s Comprehensive
Plan in February of 2012 and in March of 2012 adopted Ordinance 4046 (establishing
school impact fees). An Interlocal Agreement for implementation and processing of
those fees was also approved by both the District and the City. The current impact fees
established by Council through Ordinance 4046 are $4,700 (of this amount $17 is
retained by the City for offsetting administrative costs) per single family unit and
$4,525 per multi-family unit.
One of the stipulations of the Interlocal Agreement is that the District provide a report
to the City on the impact fees including the source and amount of all monies received
Page 69 of 90
and the public improvements that were financed in whole or in part by the fees. This
report is prepared each year by the PSD.
The terms of the Interlocal Agreement also require the City to review and consider
biennial updates of the District’s CFP and if appropriate, incorporate the updated CFP
into our own capital facilities element of the Comprehensive Plan.
City Council considered the District's 2018 CFP update at the Workshop Meeting of
May 14, 2018. At the Workshop, there was discussion relating to County - issued
building permits and the relationship to the School Impact Fee. That additional
information will be transmitted to Council once received from the District and Franklin
County.
V. DISCUSSION:
The District’s updated CFP contains a revised inventory of capital facilities -
recognizing the expansion of capacity as a result of the 2017 bond election, subsequent
new elementary and middle school construction and reconfiguration of the classes
attending middle schools. The updated CFP also includes revised enrollment figures by
MGT of America. Forecast enrollment figures for the next 6 years show that the
District will increase a total (K through Grade 12) of approximately 3000 students.
The 2018 District CFP Update and impact fee calculation contains revised new facility
costs per dwelling unit based on the forecast student growth, the facilities that are
needed to serve that growth and the estimated costs for those facilities. The newly
calculated impact fee amounts (based on the accepted state-wide formula used in
Ordinance 4046 adopted in 2012) for single family dwellings is $5,770 and for multi -
family dwellings is $6,135. The District is not requesting an increase or change in the
amount of the established school impact fees of $4,700 per single family unit and
$4,525 per multi-family unit at this time.
Page 70 of 90
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO INCORPORATING
THE PASCO SCHOOL DISTRICT’S 2018 UPDATE OF THE CAPITAL FACILITES PLAN INTO
THE CITY OF PASCO COMPREHENSIVE LAND USE PLAN.
WHEREAS, the City of Pasco is required by State law to determine that adequate provisions are
made in each subdivision, short plat, and other division of property used for residential purposes,
including the adequacy of schools and playgrounds; and
WHEREAS, the Pasco School District No. 1 by letter of January 11, 2011, placed the City on
notice that due to escalating student population, it is unable to accommodate additional students that are
incident to new developments of residential housing and has by Resolution No. 809 adopted its Pasco
School District Capital Facilities Plan demonstrating the need for additional classrooms to meet the
anticipated demand of students residing within the new development areas of the City; and
WHEREAS, in February 2012 the City amended the Comprehensive Land Use Plan of Pasco by
incorporating the Pasco School District’s 2011-2017 Capital Facilities Plan into it; and
WHEREAS, in March 2012 the City adopted School Impact Fees through Ordinance 4046
reflective of the cost per student for new facilities as described in the District’s 2011-2017 Capital
Facilities Plan; and
WHEREAS, the City and the Pasco School District have adopted an Interlocal Agreement that
requires the District to submit an update of the Capital Facilities Plan every two years; and
WHEREAS, the Interlocal Agreement requires the City to consider the update of the District’s
Capital Facility Plan and if appropriate, incorporate the update into the City’s Comprehensive Land Use
Plan; and
WHEREAS, the City has reviewed the revised information contained in the 2018 update of the
District’s Capital Facilities Plan; and
WHEREAS, the City Council after due consideration of the District’s request that the City
continue to collect School Impact Fees as calculated by the 2011-2017 School District Capital Facilities
Plan and as approved by Ordinance 4046; NOW THEREFORE,
BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PASCO:
Incorporates the 2018 Update of the Pasco School District’s Capital Facilities Plan into the City
of Pasco Comprehensive Land Use Plan.
Passed by the City Council of the City of Pasco this ___ day of ______________, 2018.
_________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________
Daniela Erickson, City Clerk Leland Kerr, City Attorney
Page 71 of 90
Pasco School District #1
C. L. Booth Education Service Center
1215 W. Lewis Street • Pasco, Washington 99301
Board of Directors • (509) 546-2801 • FAX (509) 543-6781
Equal Opportunity Employer
May 10, 2018
Mayor and Members of the Pasco City Council
525 North 3rd Ave
Pasco, WA 99301
Honorable Mayor and Councilmembers:
On behalf of the Pasco School District Board of Directors, I am writing to thank you for your
ongoing support of Pasco Public Schools, through among other things, the adoption and
implementation of the School Impact Fee Ordinance (Ordinance 4046). As required by the
Ordinance, the District has updated its Capital Facilities Plan. We are submitting the enclosed
2018 Update of the 2011-2017 Capital Facilities Plan with a request that you continue to collect
school impact fees in the amount that was adopted in 2012.
Going forward, enrollment in the District is expected to continue to increase, with the majority of
the growth occurring in grades K-6. As reflected in the enclosed CFP Update, the District will
serve the forecast growth by completing the 2017 bond projects to construct new schools, adjust
portable classroom locations, and make improvements to Support Services to meet capacity
demands. The estimated cost for these improvements is over $150,000,000. The District will
pay for the improvements with bond proceeds, state construction fund dollars and impact fees, as
reflected in the finance plan in the CFP Update.
We understand that the imposition of school impact fees may be unpopular with some of the
people or organizations we are all elected to represent. At the same time, continued collection of
school impact fees is necessary to provide school facilities for students living in new housing.
The entire community benefits when we have quality schools, and the District relies on impact
fees to help provide those schools.
We appreciate our collaboration with the City through adoption and implementation of the
School Impact Fee Ordinance. We will renew our request to have a similar ordinance adopted in
Franklin County and until such time as the County adopts a school impact fee ordinance, we will
continue to request that every new residential development in the County mitigate impacts on
schools.
Page 72 of 90
Celebrating academics, diversity and innovation.
If you have any questions regarding the District’s 2018 CFP Update, or our request and need for
school impact fees, please contact Superintendent Whitney at 509.546.2800.
Sincerely,
Steven Christensen, President
Board of Directors
Pasco School District No. 1
cc: Michelle Whitney, Superintendent
Dave Zabell, City Manager
Page 73 of 90
AGENDA REPORT
FOR: City Council May 17, 2018
TO: Dave Zabell, City Manager Regular Meeting: 5/21/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Sale of City Property on Sylvester Street
I. REFERENCE(S):
Resolution
Purchase and Sale Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _____, approving the sale of certain real
property on Sylvester Street.
III. FISCAL IMPACT:
$10,000 to General Fund
IV. HISTORY AND FACTS BRIEF:
The City owns a small .16 acre property on Sylvester Street south of the Transportation
Depot. The property is zoned light industrial and is located next to an auto repair shop
on the east.
The owner of the repair business has approached the City requesting to purchase the
property to incorporate into the business and provided a written offer to purchase the
property. The proposed sale price is $10,000, which is in excess of statements of
assessed value on County Assessor records. Pursuant to guidance from Council, staff
has prepared the attached Purchase and Sale Agreement.
V. DISCUSSION:
Staff recommends approval of the proposed Resolution authorizing the City Manager
to complete the sale.
Page 74 of 90
RESOLUTION NO.
A RESOLUTION of the City of Pasco, Washington, approving the sale of
certain real property on Sylvester Street.
WHEREAS, the City owns vacant real property known as 120 W. Sylvester Street which
is surplus to City needs; and
WHEREAS, Socorro Lopez has petitioned the City to sell said property for the purpose of
expanding existing adjacent business; and
WHEREAS, the City Council finds as follows:
1. That the sale of the property for the stated development purposes, advances the
economic development and financial sustainability goals of the City Council; and
2. That the proposed purchase price of $10,000 is reasonably in line with the assessed
value ($7,700) of the adjacent and neighboring property; and
3. That the benefits to be derived from the adjacent and neighboring development of the
property, demonstrate a value in excess of the value of continued
ownership/maintenance by the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
Section 1. That the City sale of certain real property consisting of .16 acre to Socorro
Lopez, according to the terms as described in the Purchase and Sale Agreement, attached hereto
as Exhibit A, is hereby approved.
Section 2. That the City Manager is hereby authorized to execute all documents
necessary to effect the sale of the property in accordance with the Purchase and Sale Agreement.
PASSED by the City Council of the City of Pasco at a regular meeting this 21st day of
May, 2018.
Matt Watkins, Mayor
ATTEST:
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 75 of 90
PURCHASEAND SALEAGREEMENT
THIS PURCHASE AND SALE AGREEMENT (hereinafter “Agreement”)is entered into on
this mg day of ,2018,between the City of Pasco,a Washington Municipal
Corporation (hereinafte “City”)and Socorro E.Lopez,(hereinafter “Purchaser”)for establishing
the terms and conditions for the sale of real property (hereinafter “Property”)described as set
forth below:
Franklin County Parcel #1 12031257
Lot 14,Block 6,Northern Paci?c Plat of Pasco,according to the plat thereof
recorded in Volume B of Plats,Page 32A,Records of Franklin County,
Washington.
Containing .16 acres,more or less
Together with and subject to easements,reservations,covenants,and restrictions
of record and in view.
RECITALS
WHEREAS,City is the owner of real property located in Franklin County,Washington,which
real property is described more particularly above;and
WHEREAS,City wishes to sell such real property and Purchaser wishes to purchase such
property under certain terms and conditions as set forth below;NOW,THEREFORE,
The parties covenant and agree as follows:
1.Purchase and Sale.City agrees to sell,and Purchaser agrees to purchase:
(a)That certain parcel of real property described above;
(b)All development rights relating to the real property:(i)all rights to obtain utility
service in connection with the real property;(ii)assignable licenses and other
governmental permits and permissions relating to the real property and the
operation thereof.
(c)The land,improvements,and appurtenances which constitute real property are
hereafter collectively defined as the “Real Property.”All of the Property included
by reference within the foregoing paragraphs l(a)through l(c),both real and
personal,is hereinafter collectively referred to as the “Property.”
((1)Title shall be conveyed by Statutory Warranty Deed subject to formal approval by
the Pasco City Council.
Purchase and Sale Agreement,City of Pasco &Socorro E.Lopez -Page 1
Page 76 of 90
Purchase Price/Financing.The purchase price for the Property is Ten Thousand dollars
($10,000).The purchase price is payable in cash to the City at closing.
Method of Payment.Within ?ve (5)business days following the last party’s execution of
this Agreement and delivery of a fully executed original thereof to the other party,
Purchaser will deposit with an escrow agent (Benton-Franklin Title Company),Five
hundred and 00/l00ths Dollars ($500.00),which shall constitute a deposit and be held in
an interest bearing trust account.This deposit shall be applied to the purchase price.
(a)
(b)
Purchaser agrees that the deposit/eamest money shall be paid to City if the sale
does not close after Purchaser has removed all contingencies in writing.
Upon closing,Purchaser shall electronically transfer proceeds of Purchaser's
?nancing for the balance of the purchase price or issue a cashier’s check in the
amount of the purchase price.
Inspection Period:
(a)
(b)
Between the effective date of this Agreement and closing,or the earlier termination of
this Agreement,Purchaser and their authorized agents,contractors,and consultants,
shall have the right to go upon the Property at reasonable times for the purpose of
inspecting each and every part thereof to determine its present condition and,at
Purchaser’s sole cost and expense,to prepare such reports,tests,and studies as
Purchaser deems appropriate,including but not limited to surveys,soil tests,
engineering studies and environmental tests.Before conducting any invasive or
intrusive testing such as borings or test holes,Purchaser shall give City at least forty-
eight (48)hours prior written notice,and shall coordinate the date and time of such
testing to enable City’s representatives and/or consultants to be present to take
duplicate samples and record the methods used by the Purchaser’s consultants.The
Purchaser’s inspection period shall not exceed thirty (30)days from the effective date
of the Agreement unless otherwise agreed to by both parties in writing.
Purchaser agrees to repair any damage to the Property resulting from any activities of
Purchaser or his agents or consultants on the Property before closing.Purchaser
agrees to defend,indemnify and hold the City harmless from any and all damages,
expenses,claims,or liabilities (including but not limited to attoniey’s fees and costs)
arising out of any activities of Purchaser or his agents or consultants on or about the
Property before closing,except to the extent that the same results from the City’s
negligence.Purchaser shall not be liable for any inspection claim resulting from
Purchaser’s discovery of any pre-existing condition (including,but not limited to,the
existence of any hazardous materials)in,on,under or about the Property or any
exacerbation of a pre-existing condition in,on,under or about the Property,except to
the extent that the exacerbation results from the negligent act or omission of
Purchaser or his agents or consultants.
Title.Title to the Property is to be so insurable at closing under terms of the title policy
required to be delivered by City under terms of Section 6 hereof.All title insurance
charges for the policy referenced in Section 6 below in the amount of the purchase price
Purchase and Sale Agreement,City ofPasco &Socorro E.Lopez -Page 2
Page 77 of 90
shall be equally divided between the parties,except for the cost of any special
endorsements requested by Purchaser and cancellation fees shall be paid by Purchaser.
Preliminary Commitment.Within ?fteen (15)days from the last party’s execution of this
agreement,City shall fumish Purchaser with a preliminary report/commitment from
Benton-Franklin Title for an ALTA owner’s policy of title insurance with respect to the
Real Property,together with a copy of each document forming the basis for each
exception referenced therein.Purchaser shall advise City of any title objections within
?ve (5)days of its receipt of the report/commitment to remove all exceptions or
conditions in the title commitment.If within ten (10)days after its notice to City,
Purchaser have not received evidence satisfactory to it that such unsatisfactory items can
and will be removed at or prior to closing at City’s sole cost and expense,then Purchaser
may elect to (a)terminate this Agreement and receive a full re?and of the deposit,(b)
waive such defects,or (c)continue this Agreement in effect pending their removal.
Removal of unsatisfactory items or their waiver shall be a condition of closing.If
Purchaser does not make an election within forty (40)days of its execution of this
Agreement,Purchaser shall be deemed to have waived the defects.
Due Diligence;Inspection Period.
(a)Within ?fteen (15)days following the last party’s execution of this Agreement,
City shall provide Purchaser with the title commitment described in Section 6
above,together with all relevant documents relating to the Property,including but
not limited to copies of all easements,and all other covenants and restrictions
with respect to all or portions of the Property;and all existing surveys and other
reports and studies relating to the Property or its use or development in the
possession of City.
(b)Purchaser shall have thirty (30)days from the date the last party executes this
Agreement (the “Inspection Period”)within which to conduct an examination of
the Property,including examinations of title,engineering tests,soils tests,water
percolation tests,ground water tests,environmental examinations,market studies,
appraisals,and any other tests or inspections which Purchaser shall have deemed
necessary or desirable for the purpose of detennining whether the Property is
suitable for his intended uses.On or before the expiration of the Inspection
Period,the Purchaser shall notify City in writing,with a copy to Escrow Agent,
whether Purchaser intends to purchase the Property or terminate this Agreement.
If Purchaser elects to purchase the Property,then the Inspection Period shall
terminate and Purchaser’s obligation to purchase and City’s obligation to sell the
Property shall remain,subject to the other terms and conditions of this
Agreement.If Purchaser elects not to purchase the Property,then this Agreement
shall be void and of no further force and effect,and the deposit shall be returned
to Purchaser.In the event Purchaser fails to notify City in writing of its election to
purchase the Property or terminate this Agreement prior to the expiration of the
Inspection Period,then Purchaser shall be deemed to have elected to terminate
this Agreement.
Purchase and Sale Agreement,City of Pasco &Socorro E.Lopez -Page 3
Page 78 of 90
10.
ll.
12.
13.
14.
15.
Pro—rations.Real Property taxes,assessments,water and other utilities,and all other
expenses for the month of closing,shall be prorated as of closing.All expenses,fees and
sums owing or incurred for the Property for periods prior to closing shall be paid by City,
when and as due.
Possession.Purchaser shall be entitled to sole possession of the Property at closing,
subject only to the rights,if any,of tenants in possession under the leases.
Closing.Closing shall occur within thirty (30)days of the conclusion of Purchaser's
inspection period as provided in Section 7 above.
(a)At closing City will deposit in escrow a duly executed statutory warranty deed
covering the Property;a FIRPTA af?davit;and all other documents and monies
required of it to close this transaction in accordance with the terms hereof.All
such documents shall be in form satisfactory to Purchaser’s counsel.
(b)At closing Purchaser will deposit in escrow the monies required of it to close the
transaction in accordance with the terms hereof.
Closing Costs.All excise,transfer,sales and other taxes,if any,incurred in connection
with the sale,the title insurance premium,recording fees on the deed and the escrow fee
shall be equally divided between the parties.Each party shall bear its own attorneys’
fees,except as otherwise expressly provided herein.
Counterparts.This Agreement may be signed in counterparts which,taken together,shall
constitute the complete Agreement.
Actions During Term.During the term hereof,City shall not enter into any lease or other
agreement affecting the Property or its operation,or modify,extend or otherwise change
the terms of any lease or other agreement affecting the Property or its operation or
otherwise permit any change in the status of title to the Property without Purchaser’s
prior written consent.
Assignment.Purchaser may not assign Purchaser’s interest in this Agreement without
City’s prior written consent.
City’s Warranties;Indemnity.City makes the following representations and warranties,
which shall be deemed remade as of the closing date:
(a)The Property and improvements are not in violation of any applicable covenant.
condition or restriction or any applicable statute,ordinance,regulation,order,
permit,rule or law,including,without limitation,any building,private restriction,
zoning or environmental restriction.
(b)Other than the obligations of record,there are no obligations in connection with
the Property,which will be binding upon Purchaser after closing other than
liability for the payment of real estate taxes and utility charges.
Purchase and Sale Agreement,City of Pasco &Socorro E.Lopez —Page 4
Page 79 of 90
16.
(C)
(d)
(f)
There are no claims,actions,suits or governmental investigations or proceedings
existing or,to the best of City’s knowledge,threatened against or involving City
or the Property (including,without limitation,any condemnation or eminent
domain proceeding or matter related to the formation of or assessment by a local
improvement district)and City has received no written notice thereof.
All insurance policies now maintained on the Property will be kept in effect,up to
and including the closing.City has received no notice from any insurance
company or rating organization of any defects in the condition of the Property or
of the existence of conditions which would prevent the continuation of existing
coverage or would increase the present rate of premium.
There are no leases affecting the Property.
All such representations and warranties shall be reaf?rrned by City as true and
correct as of the Closing Date and shall survive the Closing for a period of two (2)
years.
If,prior to closing,City becomes aware of any fact or circumstance which would change
a representation or warranty,then City will immediately give notice of such changed fact
or circumstance to Purchaser,but such notice shall not relieve the City of its obligations
hereunder.
Environmental Indemni?cation.
(3)
(b)
City will defend,indemnify,and hold Purchaser and his partners,agents and
employees and assignee (collectively,the “Indemni?ed Parties”)harmless from
and against any and all claims,obligations,damages,causes of action,costs and
expenses,losses,?nes,penalties,and liabilities,including,without limitation,
attorneys’fees and costs,imposed upon or incurred by or asserted against an
Indemni?ed Party arising out of or in connection with the occurrence of any of
the following:(i)prior to closing:(A)any Environmental Matter affecting or
relating to the Property arising out of City’s use and ownership of the Property;or
(B)any violation of any Environmental Law by City with respect to the Property;
and (ii)subsequent to closing:(C)the manufacture,storage,sale,use,disposal,
release,or discharge of Hazardous Substance in,on or under the Property by City;
or (D)any violation of any Environmental Law by City with respect to the
Property.City shall also be responsible for all costs,expenses,?nes,and penalties
arising out of or in connection with the investigation,removal,remediation,clean-
up,and restoration work resulting from the matters described in the preceding
sentence.City’s obligations under this Section 16 shall survive closing.
“Environmental Laws”shall mean any federal,state or local laws,ordinance,
permits or regulations,or any common law,regarding health,safety,radioactive
materials or the environment,including but not limited to,the following federal
statutes:Clean Air Act (42 U.S.C.§§7401 et seg.)(“CAA”),Clean Water Act
(33 U.S.C.§§1251 et seq.)(“CWA”),Resource Conservation and Recovery Act
(42 U.S.C.§§6091 et seg.)(“RCRA”),Comprehensive Environmental Response
Purchase and Sale Agreement,City ofPasco &Socorro E.Lopez ~Page 5
Page 80 of 90
17.
(<1)
Compensation and Liability Act (42 U.S.C.§§9601 et seq.)(“CERCLA”),
Emergency Planning and Community Right—To—KnowAct (41 U.S.C.§§l 1001 e_t
Q1.)(“EPCRA”),Safe Drinking Water Act (42 U.S.C.§§300f in
(“SDWA”),Hazardous Material Transportation Act of 1975 (49 U.S.C.§§1801
et seg.)(“HMTA”),Toxic Substances Control Act (15 U.S.C.§§2601 et seg.)
(“TSCA”),Endangered Species Act of 1973 (16 U.S.C.§§1531 e:t_se:c;.)(“ESA”),
Federal Insecticide,Fungicide and Rodenticide Act (7 U.S.C.§§136 et seq.)
(“FIFRA”),the Occupational Safety and Health Act (29 U.S.C.§§651 et seq.)
(“OSHA”),the Washington Model Toxics Control Act (RCW Chapter 70.l50D)
(“MTCA”),or the Hazardous Waste Management Act (RCW Chapter 70.105)
(“HWMA”),each as amended,and any regulations promulgated thereunder,
guidance and directives issued with respect thereto,or policies adopted by the
applicable authorities thereunder.
“Hazardous Substances”shall mean:(i)any radioactive materials;(ii)any
substance or material the transportation,storage,treatment,handling,use,
removal or release of which is subject to any Environmental Law;or (iii)any
substance or material for which standards of conduct are imposed under any
Environmental Law.Without limiting the generality of the foregoing,“Hazardous
Substances”shall include:asbestos and asbestos-containing materials (whether or
not friable);urea—formaldehydein any of its forms;polychlorinated biphenyls;oil,
used oil;petroleum products and their by-products;lead-based paint;radon;and
any substances de?ned as “hazardous waste,”“hazardous substances,”“pollutants
or contaminants,”“toxic substances,”“hazardous chemicals,”“hazardous
pollutants,”or “toxic chemicals “under the CAA,CWA,RCRA,CERCLA,
EPCRA,SDWA,HMTA,TSCA,OSHA,MTCA or HWMA.
“Environmental Matter”shall mean any of the following:(i)the release of any
Hazardous Substance on or at the Property or any other property;(ii)the
migration of any Hazardous Substance onto or from the Property;(iii)the
environmental,health or safety aspects of transportation,storage,treatment,
handling,use or release,whether any of the foregoing occurs on or off the
Property,of Hazardous Substances in connection with the operations or past
operations of the Property;(iv)the violation,or alleged violation with respect to
the Property,of any Environmental Law,order,permit or license of or from any
governmental authority,agency or court relating to environmental,health or
safety matters;(v)the presence of any underground storage tanks within the
con?nes of the Property;(vi)the presence of wetlands within the confines of the
Property;(vii)the presence of any endangered species on,in or around the
Property;or (viii)soil,groundwater and surface conditions on,in or around the
Property which may have an adverse affect upon the use or value of the Property.
Costs and Expenses.Except as otherwise expressly provided herein,each party hereto
will bear its own costs and expenses in connection with the negotiation,preparation and
execution of this Agreement,and other documentation related hereto,and in the
performance of its duties hereunder.
Purchase and Sale Agreement,City of Pasco &Socorro E.Lopez ~Page 6
Page 81 of 90
18.
19.
Notices.All notices provided for herein may be delivered in person,sent by commercial
overnight courier,telecopied or mailed by U.S.registered or certified mail,return receipt
requested,and,if mailed,shall be considered delivered three (3)business days after
deposit in such mail.The addresses to be used in connection with such correspondence
and notices are the following,or such other address as a party shall from time-to—time
direct:
City:
City of Pasco
525 North 3rd
Pasco,WA 99301
Attn:Dave Zabell,City Manager
(509)545-3404
Email:2unl<ert(Zi>pasco—\\'a.vov
Purchaser:
Socorro E.Lopez
411 N.7“‘Ave.
Pasco,WA 99301
(509)594-8448
Email:six2chev im ala{L1211ie1il.con1
Miscellaneous.
(a)Further Documentation.Each of the parties agrees to execute,acknowledge,and
deliver upon request by the other party any document which the requesting party
reasonably deems necessary or desirable to evidence or effectuate the rights
herein conferred or to implement or consummate the purposes and intents hereof,
so long as such imposes no different or greater burden upon such party than is
otherwise imposed hereunder.
(b)Headings.The headings in this Agreement are for convenience only and do not in
any way limit or affect the terms and provisions hereof.
(c)Calculation of Time Periods.Unless otherwise speci?ed,in computing any
period of time described in this Agreement,the day of the act or event after which
the designated period of time begins to run is not to be included and the last day
of the period so computed is to be included,unless such last day is a Saturday,
Sunday or legal holiday.The ?nal day of any such period shall be deemed to end
at 5 p.m.,Paci?c Time.
(d)Time of Essence.Time is of the essence of this Agreement.
(e)Gender.Wherever appropriate in this Agreement,the singular shall be deemed to
refer to the plural and the plural to the singular,and pronouns of certain genders
shall be deemed to include either or both of the other genders.
Purchase and Sale Agreement,City ofPasco &Socorro E.Lopez -Page 7
Page 82 of 90
20.
21.
22.
23.
24.
25.
(f)Exhibits.The Exhibits referred to herein and attached to this Agreement are
incorporated herein as if set forth in full.
(g)Unenforceability.If any provision of this Agreement is held to be invalid,illegal
or unenforceable in any respect,such invalidity,illegality or unenforceability
shall not affect the remainder of such provision or any other provisions hereof.
(h)Amendment Modifications.This Agreement may not be altered,amended,
changed,waived,terminated or modi?ed in any respect or particular unless the
same shall be in writing and signed by or on behalf of the party to be charged
therewith.
Attorneys’Fees.If any lawsuit or arbitration arises in connection with this Agreement,
the substantially prevailing party therein shall be entitled to receive from the losing party,
the substantially prevailing party’s costs and expenses,including reasonable attorneys’
fees incurred in connection therewith,in preparation therefore and on appeal therefrom,
which amounts shall be included in any judgment entered therein.
Waiver.A party may,at any time or times,at its election,waive any of the conditions to
its obligations hereunder,but any such waiver shall be effective only if contained in
writing signed by such party.No waiver shall reduce the rights and remedies of such
party by reason of any breach of any other party.No waiver by any party of any breach
hereunder shall be deemed a waiver of any other or subsequent breach.
Governing Law.This Agreement shall be construed and enforced in accordance with the
laws of the State of Washington.
Facsimile Sigr_1atures.Each party (a)has agreed to permit the use,from time—to—timeand
where appropriate,of telecopied signatures in order to expedite the transaction
contemplated by this Agreement,(b)intends to be bound by its respective telecopied
signature,(c)is aware that the other will rely on the telecopied signature,and (d)
acknowledges such reliance and waives any defenses to the enforcement of the
documents effecting the transaction contemplated by this Agreement based on the fact
that a signature was sent by telecopy.
REMEDIES.IF PURCHASER FAILS,AFTER THE REMOVAL OF ITS
CONTINGENCIES,AND WITHOUT LEGAL EXCUSE,TO COMPLETE THE
PURCHASE OF THE PROPERTY,THE DEPOSIT SHALL BE FORFEITED TO CITY
AS LIQUIDATEDDAMAGES AND THE SOLE AND EXCLUSIVE REMEDY TO
CITY FOR SUCH FAILURE.IN THE EVENT OF CITY’S DEFAULT,PURCHASER
MAY PURSUE ANY REMEDY AVAILABLE AT LAW OR IN EQUITY,
INCLUDING SPECIFIC PERFORMANCE.
City’s Initials
Entire Agreement.This Agreement and the exhibits hereto constitute the entire
agreement among the parties with respect to the subject matter hereof and supersede all
.?
Purchaser’s Initials
Purchase and Sale Agreement,City of Pasco &Socorro E.Lopez -Page 8
Page 83 of 90
prior agreements,oral or written,express or implied,and all negotiations or discussions
of the parties,whether oral or written,and there are no Warranties,representations or
agreements among the parties in connection with the subject matter hereof except as set
forth herein.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates noted
below.
PU HASER:
3'-.;0/Sr:50”,5 p
/0
Socorro E.Lopez Date
S"-—/0 43/
in-DaveZabell,fityManager Date
Attest:Approved as to form:
l§%M
Daniela Erickson,City Clerk
'
Leland Kerr,City Attorney
Purchase and Sale Agreement,City of Pasco &Socorro E.Lopez —Page 9
Page 84 of 90
STATE OF WASHINGTON )
)ss.
County of Franklin )
On this day personally appeared before me Dave Zabell,City Manager of the City of
Pasco,Washington,to me known to be the individual described in and who executed the within
and foregoing instrument,and acknowledged that he signed the same as his free and voluntary
deed for the uses and purposes therein mentioned.
cw
SUBSCRIBED and sworn to before me thi "day of\,2018.
D5\i\/x%<\/‘jmril’
Notary Public i anepfor theState of Washington,
Residing at A~A:\L'..\;_\L
My Commission Expires:5/g 2 i.
wl',\.\’.\.'\’,\‘\'\’.\Zx'¥‘£\';‘;\‘-"‘”*‘“
_\\\,.,
‘TONI L.ZUNKER
NOTARYPUBLIC
STATE or WASHINGTON
COMM|$Sl0N EXPIRES
STATE OF WASHINGTON )
?’I
.ss.
Countyo '4/Ln,)
On this day personally appeared before me Socorro E.Lopez,to me known to be the
individual described in and who executed the within and foregoing instrument,and
acknowledged that he signed the same as l1is free and voluntary deed for the uses and purposes
therein mentioned.
xi
SUBSCRIBED and sworn to before me this i6’day of \W\0u~/E):,2018.
Notary Public irL_&-idfor theState of Washington,
Residing at
My Commission Expires:§TONI L.ZUNKER
NOTARYPUBLIC
sure or WASHINGTON
COMMISSIONEXPIRESitMARCH3.2020 1
(
.
Purchase and Sale Agreement,City of Pasco &Socorro E.Lopez -Page 10
Page 85 of 90
Parcel#112031257
120 W Sylvester St
Zone:I-1
Page 86 of 90
AGENDA REPORT
FOR: City Council May 16, 2018
TO: Dave Zabell, City Manager Regular Meeting: 5/21/18
FROM: Rick Terway, Interim Director
Public Works
SUBJECT: Professional Service Agreement with Meier Architecture Engineering for the
Animal Control Facility
I. REFERENCE(S):
Professional Service Agreement Summary
Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Professional Services Agreement for completion of
the final design of the facility and develop plans and specifications for bidding
purposes of the Animal Control Facility Project, and further, authorize the City
Manager to execute the agreement with Meier Architects.
III. FISCAL IMPACT:
Fund 193 Capital Improvement - REET 2: $82,598.33
IV. HISTORY AND FACTS BRIEF:
In 2001, the City of Pasco purchased the Humane Society building complex which was
built in phases in the early 1970's. The complex has since been leased to the Animal
Control Authority which consists of the three cities of Richland, Kennewick and Pasco.
The current facility is in dire need of replacement and has been for several years.
A study to replace the current animal shelter was completed in 2008. Rough estimates
at that time, were completed to design a new shelter that would be approximately
15,000 to 18,000 square feet. In 2015, Consultant, Anne Pflug, completed an updated
study regarding the replacement of the animal shelter. The scope of the white paper
completed by Ms. Pflug included the following:
1.Locate the best location within the Tri-Cities for a shelter.
2.Evaluate the current programs offered by the contractor.
Page 87 of 90
3.Suggest a funding mechanism for an equitable split between the three cities.
4.Recommend a path moving forward for funding of maintenance and operation of the
facility.
It was determined that of the sites studied in each city, the preferred location is the
current site due to its long-term familiarity to the tri-cities and accessibility.
The efforts above has resulted in two Interlocal Agreements between the three cities;
one addressing maintenance and operations, the second pertaining to construction of
the new Animal Control Facility, both of which were approved by all parties in
December of 2016.
Regarding the construction of the facility, a request for qualifications was completed
mid-2017. Meier Architecture in conjunction with Animal Shelter Planners of America
were selected to complete the feasibility study to determine size and rough design of
the building.
The study reduced the building to the recommended size and scope from the original
15,000 to 8,000 square feet to meet the current and forecasted needs of the Animal
Control Authority. Preliminary design also considered the ability to expand the
building if required.
V. DISCUSSION:
Per the Interlocal Agreement regarding construction of the facility, design and
construction services for the Animal Control Facility has been approved by our partner
agencies. The proposed contract with Meier Architects will complete final design of
the facility and develop plans and specifications for bidding purposes.
Staff recommends approval of the Professional Services Agreement with Meier
Architecture for the sum of $247,795. Each City will be responsible for a third of the
total amount.
This item was discussed at the May 14, 2018, Council Workshop Meeting.
Page 88 of 90
Professional Services Agreement
(Summary Sheet)
Project: Professional Services Agreement for Design of the Animal Control Facility
Consultant: Meier Architecture Engineering
Address: 12 W Kennewick Avenue, Kennewick, WA 99336
Scope of Services: Design and construction management of Animal Control Facility
Term: Completion Date: March 2020
Payments to Consultant:
☒ Hourly Rate: $ not to exceed $247,795
☐ Fixed Sum of:
☐ Other:
Insurance to be Provided:
1. Commercial General Liability:
☐ $1,000,000 each occurrence;
☐ $2,000,000 general aggregate; or
☒ $1,000,000 each occurrence; and $2,000,000 general aggregate
2. Professional Liability:
☒ $1,000,000 per claim;
☐ $1,000,000 policy aggregate limit; or
☐ $________ per claim; and $________ per policy aggregate limit
Other Information: Pasco’s share of the Agreement is $82,598.33________________________
Signature by:
☐ Mayor ☒ City Manager
Page 89 of 90
ANIMA L S HELT ER
SY LV E S TER STUS 39520 TH AVELEWIS ST
Page 90 of 90