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HomeMy WebLinkAbout2018.09.24 Council Workshop PacketWorkshop Meeting AGENDA PASCO CITY COUNCIL 6:00 p.m. September 24, 2018 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: 3 - 62 (a) 2019 - 2024 Draft Capital Improvement Plan 63 - 71 (b) Presentation - Pasco Fire Department Training Center Presented by Ed Dunbar, Deputy Fire Chief 72 - 75 (c) Policy Regarding Bonded Indebtedness for Annexed Properties 76 - 99 (d) Electronic Traffic Control 100 - 118 (e) Update on Rivershore Reconveyance Discussions 5. MISCELLANEOUS COUNCIL DISCUSSION: 6. EXECUTIVE SESSION: 7. ADJOURNMENT. REMINDERS: 1. Monday, September 24, 4:00 p.m., Hanford Area Economic Investment Fund Committee Meeting – Ben-Franklin Transit Office (COUNCILMEMBER PETE SERRANO, Rep.). 2. Wednesday, September 26, 7:30 a.m., Visit Tri-Cities Board Meeting – 7130 W. Grandridge Blvd. (COUNCILMEMBER PETE SERRANO, Rep.; COUNCILMEMBER CRAIG MALONEY, Alt.). 3. Thursday, September 27, 4:00 p.m., TRIDEC Board Meeting – 7130 W. Grandridge Blvd. (COUNCILMEMBER DAVID MILNE, Rep.; COUNCILMEMBER CRAIG Page 1 of 118 Workshop Meeting September 24, 2018 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. Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability. (Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad.) Page 2 of 118 Page 3 of 118 OverviewFunding6%9%11%10%19%30%13%FacilitiesFire &AmbulanceParks &RecreationPWRFSewerTransportation01002003002014 2015 2016 2017 2018 2019$’s in Millions 59%Funds slated for 2019‐2020 43%Funds slated for Utilities63%Funding SecuredTotal CIP Request$204,647 Million17%Increase over Prior YearCIP Cost TrendPage 4 of 118 CIP Project Amount vs. Project Count050100150200250 $‐ $50,000 $100,000 $150,000 $200,000 $250,0002014 2015 2016 2017 2018 2019$’s in thousandsTotal Proposed CostPage 5 of 118 Funding SourcesCurrent RevenueRates, Taxes, Expansion FeesDebtBonds & LoansGrantsUnsecuredPage 6 of 118 Net Debt as a Percentage of Debt Limit1994199619982000200220042006200820102012201420160%10%20%30%40%50%60%70%80%90%Page 7 of 118 Unsecured Funds1Grants2Bonds3Loans4Partnerships5Unknown/UndecidedFunds are considered unsecured until the City has received confirmation from funding agency, and Council authorizes such actions. Page 8 of 118 Unsecured Funding ‐ Logistics•Significant infrastructure projects with continuing efforts to close funding gap; e.g., Lewis Street, Peanuts Park•Utility projects with anticipated but not finalized acquisition of debt; e.g., WWTP Facility Capital Improvement•Projects with grants identified as possible funding sources, but funding decisions not made yet; e.g., Sacajawea Heritage Trail•Projects with yet to be determined funding sources; e.g. Fire Stations 83 and 84•Inclusion of project in Capital Improvement Plan is a decision making point for some funding organizationsPage 9 of 118 CIP Completed/Changes – Public Works•Public Works•Butterfield PLC Upgrade•20th Avenue Safety Improvement Project•City Wide Traffic Signal – Phase 1•Columbia Water Intake Project•Oregon Avenue Safety Project – Phase 1•Safe Routes to School (84/Rowena Chess)•East B Circle Roadway ImprovementsPage 10 of 118 CIP Completed/Changes – Public Works ‐continuedCouncil Approval Pending•Police Building•East Side Booster Station•Oregon Avenue Waterline•WWTP Immediate NeedsPage 11 of 118 CIP Completed/Changes ‐ Parks•First Ave Center •Chapel Hill Park Design •Facilities Shop Remodel•Park Property Acquisition at Road 48 & Court•Batting Cages & Office at Softball ComplexPage 12 of 118 FACILITIESPage 13 of 118 Facilities Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024FACILITIES9,151,544 3,375,000 200,000 - - - 12,726,544 - Animal Control Shelter 4,344,000 - - - - - 4,344,000 Downtown Police Substation & Services Facility 50,000 - - - - - 50,000 City Hall Remodel Phase II 1,667,544 - - - - - 1,667,544 Wayfinding & Signage 190,000 225,000 200,000 - - - 615,000 Community Center 900,000 3,150,000 - - - - 4,050,000 Gesa Stadium 2,000,000 - - - - - 2,000,000 Page 14 of 118 Animal ShelterCouncil goalJoint venture with City of Richland and KennewickSchedule: Expected to be completed in 2019Funding Source: City of Pasco share (1/3) from REETSchedule: Expected to be completed in 2019Total Estimated Cost: $4.3MPage 15 of 118 Community CenterCouncil goalFunding Source: Approximately $1M secured, remaining unsecured ‐possible UTGO/LTGO bond Schedule: 2019‐2020Total Estimated Cost: $4.0MPage 16 of 118 GESA StadiumUpgrades to 23yr old facilityMany needed for Professional Baseball StandardsLodging Tax funds for 20yr internal loanRecommended by Lodging Tax Advisory CommitteeConstruction 2019Estimated cost: $2.0MPage 17 of 118 FIREPage 18 of 118 Fire Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024FIRE/AMBULANCE18,980,000 175,000 - 250,000 - - 19,405,000 Fire Station 83 Replacement 5,919,845 - - - - - 5,919,845 Fire Station 84 Replacement 12,630,155 - - - - - 12,630,155 Fire Station 81 Remodel 180,000 175,000 - 250,000 - - 605,000 Fire Station 85 Land Purchase 250,000 - - - - - 250,000 Page 19 of 118 Fire Station Relocation 83 & 84Station 84Meets Emergency Management PlanIncludes community space for meeting and outdoor spaceSquare Footage: 18,616+4,591Total Estimated  Cost: $12.4MStation 83Emergency Management PlanClose proximity to high hazard facilitiesSquare Footage: 10,168Total Estimated  Cost: $5.7MInformation above reflects most recent information available as of 09/20/2018 Page 20 of 118 Fire Station 85 Land PurchasePurchase land for future fire station to provide adequate servicesGrowth Management Act requirementLocation: Northwest PascoTotal Estimated  Cost: $250KPage 21 of 118 PARKS & RECREATIONPage 22 of 118 Parks and Recreation Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024PARK & RECREATION7,465,000 3,605,000 5,500,000 2,560,000 1,435,000 1,320,000 21,885,000 - Peanuts Park Restoration 5,225,000 - - - - - 5,225,000 Schlagel Park Improvements 110,000 610,000 - - - - 720,000 Chapel Hill Park 420,000 - - - - - 420,000 Highland Park Restroom/Concession/Storage Building 200,000 - - - - - 200,000 Dog Park 200,000 - - - - - 200,000 Road 84 Park 400,000 400,000 - - - - 800,000 Road 54 Park Improvement Erwen Property - 20,000 300,000 - - - 320,000 Rd 48 Park Development - - 1,250,000 - - - 1,250,000 Community Park - Northwest - - - 200,000 1,400,000 900,000 2,500,000 A Street Sporting Complex 140,000 900,000 - - - - 1,040,000 Sylvester Park Tennis Court Upgrades - - 80,000 - - - 80,000 Marina Dock Replacement - - 1,300,000 - - - 1,300,000 Pasco Sporting Complex Update Phase II 100,000 - - - - - 100,000 Memorial Pool Upgrades 500,000 - - - - - 500,000 Kurtzman Shelter - 60,000 - - - - 60,000 Parks & Facilities Sign Replacement 20,000 15,000 15,000 - - - 50,000 Sacajawea Heritage Trail- Levee Lowering 100,000 - 2,500,000 2,000,000 - - 4,600,000 Sacajawea Heritage Trail - BNSF Tunnel Passage 50,000 1,600,000 - - - - 1,650,000 FCID Trail Phase I - - 55,000 360,000 - - 415,000 FCID Trail Phase II - - - - 35,000 420,000 455,000 Page 23 of 118 “A” Street Sporting ComplexCouncil goal to provide additional soccer fieldsFunding Source: Anticipated RCO Grant, and Park Development fundSchedule: 2018‐2020Total Estimated Cost: $1.0MPage 24 of 118 Sacajawea Heritage Trail ‐ BNSF Tunnel PassageConnect Sacajawea Heritage Trail to Schlagel ParkFunding Source: Capital Improvement Fund (REET), anticipated RCO grant. Partially unsecuredSchedule: 2019‐2020Total Estimated Cost: $1.6MPage 25 of 118 Sacajawea Heritage Trail – Levee LoweringLower levee and widen trailFunding Source: Anticipated RCO Grant, and Capital Improvement Fund (REET)Schedule: 2019‐2022Total Estimated Cost: $4.6MPage 26 of 118 Memorial Pool UpgradesCover for year‐round usePartnership with local clubs, municipalities, and school districtsFunding Source: External contributions and Capital Improvement Fund (REET)Schedule: 2019Total Estimated Cost: $500KPage 27 of 118 TRANSPORTATIONPage 28 of 118 Transportation Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024TRANSPORTATION16,682,000 19,638,000 15,881,000 1,550,000 2,270,000 6,130,000 62,151,000 - Chapel Hill Blvd Extension - LID 150 10,241,000 - - - - - 10,241,000 Argent Road (20th Ave to Rd 44) 1,634,000 317,000 4,178,000 - - - 6,129,000 Lewis Street Overpass 1,000,000 15,447,000 10,553,000 - - - 27,000,000 James Street Improvements 480,000 1,089,000 - - - - 1,569,000 Road 68 Interchange Improvements 548,000 - - - - - 548,000 Crescent Road (Rd 108 to Chapel Hill Blvd) - 200,000 - - - - 200,000 Sandifur Parkway Widening (Rd 52 to 60) - 250,000 - - - - 250,000 Road 100 Widening - - - - 1,220,000 - 1,220,000 Wrigley Drive Extension 354,000 - - - - - 354,000 Sacajawea Park Road Overlay 385,000 - - - - - 385,000 20th Avenue Court Street to Interstate 182 Overlay 440,000 - - - - - 440,000 Sycamore, Hugo & Waldemar Grind & Overlay - - 195,000 - - - 195,000 Annual Sidewalk & Complete Street Project 100,000 200,000 200,000 100,000 100,000 100,000 800,000 Pavement Preservation Program - 555,000 555,000 750,000 750,000 750,000 3,360,000 Sandifur Sidewalk Replacement - 80,000 - - - - 80,000 City Wide Traffic Signal Improvement Phase II 1,500,000 1,500,000 - - - - 3,000,000 Court Street & Road 68 Intersection Improvements - - 150,000 700,000 - - 850,000 Oregon Ave (SR397) Corridor Improvement Phase II - - - - 200,000 2,530,000 2,730,000 Road 76 Overpass - - 50,000 - - - 50,000 Pedestrian Walkway on Road 68 Overpass - - - - - 1,250,000 1,250,000 Pedestrian Walkway on Sylvester Street Overpass - - - - - 1,500,000 1,500,000 Page 29 of 118 Lewis Street OverpassConstruction of a new overpass over the BNSF trackFunding Source: Connecting WA, Anticipated TIB, ArterialSchedule: Construction 2019‐2021Total Estimated Cost: $27.0MPage 30 of 118 Chapel Hill BoulevardExtension of Chapel Hill Blvd from Road 68 to Road 84Funding Source: LID, REETSchedule: Construction 2019Total Estimated Cost: $10.2MPage 31 of 118 Road 68 CorridorConsists of 3 Projects•Wrigley Dr. Extensions (Underway)•Road 68 Interchange Improvements•Road 68 Widening South of I‐182Funding Source: STP, Arterial Fund, Traffic Impact FundSchedule: Varies 2018‐2023Current Federal Grant Funds Available: $915KPage 32 of 118 Argent Road (20th Ave to Rd 36)Two Phases:Phase  I ‐ Saraceno/Varney to 20thAvenue IntersectionPhase II ‐ Road 36 to Saraceno/VarneyFunding Source: Arterial Fund, partnerships with CBC & the Port of PascoSchedule: Phase I Construction Complete: Summer 2019Total Estimated Cost: Phase 1 ‐ $1.8M, Phase II ‐ $4.3M Page 33 of 118 Pavement Preservation ProgramPreserves and extends life of City streetsCrack seal; Overlay; micro‐surfacingPavement rating system will help prioritize projectsTotal Estimated Cost: $3.4MPage 34 of 118 Annual Sidewalk and Complete Streets ProjectAddress deficiencies of non‐motorized pedestrian infrastructure:•Connectivity•Structural integrity    •ADA complianceConstruction: Ongoing 2019‐2024Total Estimated Cost: $800KPage 35 of 118 20th Avenue Court Street to Interstate 182 OverlayGrind, Overlay, Striping ‐ curb to curbSchedule: Design & Construction: 2019Total Estimated Cost: $440KPage 36 of 118 Sacajawea Park Road ‐ OverlayMain thoroughfare for Port of Pasco businessesOverlay approx. 5,000 linear feet ‐Railroad to Hwy 12Parts of street and shoulders  have deteriorated Design: 2019; Construction: 2019Total Estimated Cost: $350KPage 37 of 118 UTILITIESPage 38 of 118 WATERPage 39 of 118 Water Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024IRRIGATION 1,000,000 453,000 165,000 165,000 165,000 165,000 2,113,000 Annual Irrigation System Improvements - Development 200,000 200,000 25,000 25,000 25,000 25,000 500,000 Annual Irrigation Upsize - Development 50,000 50,000 50,000 50,000 50,000 50,000 300,000 System Improvement & Rehab Projects 90,000 90,000 90,000 90,000 90,000 90,000 540,000 Chapel Hill Boulevard (Road 84 to Road 68) 220,000 - - - - - 220,000 Chapel Hill Boulevard to Interstate 182 - Irrigation Main 100,000 - - - - - 100,000 Chapel Hill Boulevard Pressure Reducing Valve (PRV) 90,000 - - - - - 90,000 Irrigation Main Extension - Wrigley Drive 100,000 113,000 - - - - 213,000 System Evaluation Project 150,000 - - - - - 150,000 Project NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024WATER 2,286,000 1,446,000 3,480,000 7,057,000 6,226,000 6,005,000 26,500,000 Annual Water System Improvements - Development 100,000 100,000 100,000 100,000 100,000 100,000 600,000 Annual Water Upsize - Development 100,000 100,000 100,000 100,000 100,000 100,000 600,000 Chapel Hill Boulevard Water Main Upsize 920,000 - - - - - 920,000 Aquifer Storage & Recovery (ASR) System - - 350,000 1,500,000 - - 1,850,000 West Pasco (WTP) Plant Improvements 800,000 856,000 1,100,000 720,000 - - 3,476,000 Butterfield (WTP) - Chlorine Safety 75,000 250,000 - - - - 325,000 Automated Meter Reading - - 750,000 1,000,000 1,000,000 1,000,000 3,750,000 Reservoir Storage Tank(s) - - 150,000 2,850,000 4,200,000 4,500,000 11,700,000 Water Main Extension - Alton Street (Wehe Ave to the alley west of Owen St) - - - 327,000 - - 327,000 Water Main Extension - Riverhaven Street (Rd 36 to Rd 40) - - - - - 305,000 305,000 Water Main Replacement - Star Lane (Rd 100 to Rd 97) 218,000 - - - - - 218,000 Water Main Replacement - South 18th Ave (Court St to WA Ave) 73,000 - - - - - 73,000 Water Main Replacement - Alley East of Wehe Ave - 140,000 - - - - 140,000 Water Main Replacement - Road 60 (Court St to W Pearl) - - 930,000 - - - 930,000 Water Main Replacement - Richardson Road (Rd 92 to Rd 96) - - - 460,000 - - 460,000 Water Main Replacement - Road 76 (Wernett Rd to Court St) - - - - 826,000 - 826,000 Page 40 of 118 West Pasco WTP ImprovementsAdded filtration and piping to increase treatment capacity Increases potable water supply from 6MGD to 12MGDDesign: 2019; Construction: 2020 ‐ 2022Total Estimated Cost: $3.5MPage 41 of 118 Reservoir Storage TankEvaluate storage needs in NW area and E side.Identify a single storage site to support needs of both areas.Design: 2021‐2022; Construction: 2023 ‐ 2024Total Estimated Cost: $11.7MPage 42 of 118 Waterline Replacement – Star LaneReplace ~ 450’ of 2” PVC water main with 8” ductile iron.Adds 550 feet to loop Road 100 to Road 97 Supports enhanced fire suppression capabilities within the area with with the installation of two fire hydrantsDesign: 2019; Construction: 2019Total Estimated Cost: $218KPage 43 of 118 SEWERPage 44 of 118 Sewer Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024IRRIGATION 1,000,000 453,000 165,000 165,000 165,000 165,000 2,113,000 Annual Irrigation System Improvements - Development 200,000 200,000 25,000 25,000 25,000 25,000 500,000 Annual Irrigation Upsize - Development 50,000 50,000 50,000 50,000 50,000 50,000 300,000 System Improvement & Rehab Projects 90,000 90,000 90,000 90,000 90,000 90,000 540,000 Chapel Hill Boulevard (Road 84 to Road 68) 220,000 - - - - - 220,000 Chapel Hill Boulevard to Interstate 182 - Irrigation Main 100,000 - - - - - 100,000 Chapel Hill Boulevard Pressure Reducing Valve (PRV) 90,000 - - - - - 90,000 Irrigation Main Extension - Wrigley Drive 100,000 113,000 - - - - 213,000 System Evaluation Project 150,000 - - - - - 150,000 Project NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024SEWER 10,173,000 5,850,000 5,424,000 5,420,000 6,110,000 5,200,000 38,177,000 - Annual Sewer System Improvements - Development 100,000 100,000 100,000 100,000 100,000 100,000 600,000 Annual Sewer Upsize - Development 100,000 100,000 100,000 100,000 100,000 100,000 600,000 WWTP Facility Capital Improvement Projects - - 3,536,000 5,000,000 5,000,000 5,000,000 18,536,000 Wastewater Treatment Plant (PLC)s and Controls Upgrade 855,000 - - - - - 855,000 River Outfall Phase I 1,464,000 5,000,000 - - - - 6,464,000 Harris Road Sewer Transmission Main 2,500,000 - - - - - 2,500,000 9th & Washington Lift Station 731,000 - - - - - 731,000 Pearl Street Lift Station 510,000 380,000 - - - - 890,000 Road 36 Lift Station Upgrades 281,000 - - - - - 281,000 Maitland Lift Station - Purchase/ Install 4th Pump 132,000 - - - - - 132,000 Broadmoor Area Lift Station 3,500,000 - - - - - 3,500,000 Road 52 & Pearl Street Lift Station - 270,000 1,100,000 - - - 1,370,000 Road 84 & Roberts Drive Lift Station - - - 220,000 910,000 - 1,130,000 Road 44 Corrosion & Odor Control - - 588,000 - - - 588,000 Page 45 of 118 Harris Road Sewer5,290 linear feet new sanitary sewer transmission mainFrom W Court Street, under Interstate 182, to Harris RoadFunding Source: Sewer fundSchedule: Construction 2019Total Estimated Cost: $2.5MPage 46 of 118 Pearl Street Lift Station (Rebuild)Rebuild existing 1950s sewer lift stationExisting access hatch in sidewalkPump station located beneath Pearl St.  Design: 2017‐2018; Construction: 2019‐2020Total Estimated Cost: $890K, revenue bondPage 47 of 118 WWTP PLC UpgradeUpgrade 1989 Era Programmable Logic & Controllers (PLC) Replace with modern technologyDesign: 2019; Construction: 2019Total Estimated Cost: $855K, revenue bondPage 48 of 118 River Outfall Phase 1Upsize sanitary sewer outfall pipe to the Columbia RiverHelps increase capacity at the WWTPDesign: 2019; Construction: 2019‐2020Total Estimated Cost: $6.5M, revenue bondPage 49 of 118 STORMWATERPage 50 of 118 Stormwater Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024STORMWATER 200,000 200,000 310,000 779,000 200,000 200,000 1,889,000 - Annual Stormwater Improvements - Development 100,000 100,000 100,000 100,000 100,000 100,000 600,000 Capital Stormwater Participation Program 100,000 100,000 100,000 100,000 100,000 100,000 600,000 North Industrial Way Infiltration Retrofit Project - - 110,000 - - - 110,000 1st Avenue Pipe Rehab - - - 249,000 - - 249,000 Sylvester Pipe Relining - - - 330,000 - - 330,000 Page 51 of 118 N. Industrial Way Infiltration Retrofit ProjectIncrease capacity to prevent flooding on N. Industrial WayProvides service for 37 acres of developmentDesigned Design: 2021; Construction: 2021Total Estimated Cost: $110KPage 52 of 118 IRRIGATIONPage 53 of 118 Irrigation Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024IRRIGATION 850,000 453,000 165,000 165,000 165,000 165,000 1,963,000 Annual Irrigation System Improvements - Development 200,000 200,000 25,000 25,000 25,000 25,000 500,000 Annual Irrigation Upsize - Development 50,000 50,000 50,000 50,000 50,000 50,000 300,000 System Improvement & Rehab Projects 90,000 90,000 90,000 90,000 90,000 90,000 540,000 Chapel Hill Boulevard (Road 84 to Road 68) 220,000 - - - - - 220,000 Chapel Hill Boulevard to Interstate 182 - Irrigation Main 100,000 - - - - - 100,000 Chapel Hill Boulevard Pressure Reducing Valve (PRV) 90,000 - - - - - 90,000 Irrigation Main Extension - Wrigley Drive 100,000 113,000 - - - - 213,000 Page 54 of 118 Chapel Hill Boulevard (Rd 84 – Rd 68)6,750 lineal feet of 12” irrigation main From Rd. 84 in the Chapel Hill area to Rd. 68 City partnership with development. Construction: 2019Total Estimated Cost: $220KPage 55 of 118 Process Water Resource FacilityPage 56 of 118 PWRF Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024PROCESS WATER REUSE FACILITY 17,111,000 2,839,000 - - - - 19,950,000 - Columbia East Force Main & Lift Station 6,943,000 927,000 - - - - 7,870,000 PWRF Solids Handling Improvements 300,000 - - - - - 300,000 PWRF Irrigation Pump Station (IPS) Improvements 4,271,000 - - - - - 4,271,000 Foster Wells Automatic Transfer Switch Replacement 150,000 - - - - - 150,000 PWRF Primary Treatment Improvement 5,447,000 1,912,000 - - - - 7,359,000 Note:  Plan shown addresses only near‐term treatment needs.  Longer term needs are not identified plan as options vary widely at this point.  Additionally, alternatives for additional major users under evaluation which would drive the need for considerable additional private investment to improve the plant.Page 57 of 118 Columbia East Lift Station and ForcemainIndustrial Wastewater Lift Station and Dual Force Mains Directs food processor wastewater to the Process Water Reuse Facility (PWRF)Allows Removal of 1.2MGD from Municipal Wastewater PlantFunding Sources: WA State Dept. of Commerce GrantFranklin County .09 Grant Federal EDA GrantIndustrial Food ProcessorsConstruction Complete: 2019Total Estimated Cost: $7.9MPage 58 of 118 PWRF Solids Handling ImprovementsFacility/System for Solids ManagementWA Dept. of Ecology permit requirementDesign: 2018‐2019; Construction: 2019Total Estimated Cost: $300KPage 59 of 118 PWRF Industrial Pump Station (IPS) ImprovementsReplaces Irrigation Pump StationCurrent Pump Station at Full Capacity and at End of LifeCostly Maintenance and Repair constantly neededDesign: 2018; Construction: 2019Total Estimated Cost: $4.3MPage 60 of 118 PWRF Pretreatment ImprovementsProvides improved Grit and Solids removalUpdated technology and methods to meet Ecology requirementsImproves Effluent QualityIncreases Overall CapacityDesign: 2019‐2020; Construction: 2019‐2020Total Estimated Cost: $7.MPage 61 of 118 Page 62 of 118 AGENDA REPORT FOR: City Council September 18, 2018 TO: Dave Zabell, City Manager Workshop Meeting: 9/24/18 FROM: Ed Dunbar, Deputy Fire Chief Fire Department SUBJECT: Presentation - Pasco Fire Department Training Center I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presented by Ed Dunbar, Deputy Fire Chief III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 63 of 118 Training Center Pasco Fire Department Page 64 of 118 Live Fire Training Prop Assistance to Firefighter Grant (AFG) EMW-2016-FR-00553 Regional Grant Awarded June 2017 Page 65 of 118 AFG Status •Small props at Kennewick and Benton City •Complete and ready for use •Large prop at Pasco •Ready for October Classes •Training (four classes) •September & October •Performance Period amended Page 66 of 118 Page 67 of 118 New prop for Pasco (multifaceted) Ability to train without leaving city WSRB Rating decrease Cooperative efforts with regional partners Benefits Page 68 of 118 Future Agreement with Franklin FD#3 Live Fire Training requirements Multi-company drills Multi-agency drills Outside classes Page 69 of 118 Additional Benefits •Develop our officer corps leadership skills •Ability to have safe, repeatable and reliable training sessions based on real fire behavior •Adds capabilities to our current training program Page 70 of 118 Questions?Page 71 of 118 AGENDA REPORT FOR: City Council September 18, 2018 TO: Dave Zabell, City Manager Workshop Meeting: 9/24/18 FROM: Rick White, Director Community & Economic Development SUBJECT: Policy Regarding Bonded Indebtedness for Annexed Properties I. REFERENCE(S): Resolution 3403 Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The Petition Method of annexation requires City Council to determine: • If the City will accept or modify the boundaries of a proposed annexation as depicted in a valid petition; • Whether the City will require simultaneous adoption of zoning; and • Whether the City will require the annexed properties to assume all or a portion of existing City indebtedness. In May of 2012 City Council considered and adopted Resolution 3403 which declared the City would not require the assumption of existed bonded indebtedness for newly annexed properties. The adoption of Resolution 3403 established formal recognition of the City's long standing practice of not requiring past bonded indebtedness on newly annexed properties. Resolution 3403 was adopted to preclude the objection to annexation that newly annexed residents in long established areas would be required to pay a portion of their property tax to retire bonded indebtedness that they were not able to vote upon. This policy was largely related to annexation of a large unincorporated and populated Page 72 of 118 island(s) (commonly referred to as "the doughnut whole") surrounded by incorporated areas . Since May of 2012 the City has retired the debts on the then existing bonded indebtedness concerning the City Hall and Library remodel and the construction of Fire Station 81. V. DISCUSSION: As the City looks to serve an additional 51,000 residents over the next two decades and looks to the north for lands to accommodate those numbers that will become part of the City, it is reasonable to revisit this issue at this time for several reasons: 1. There is no current voted and bonded indebtedness that would apply to newly annexed properties. 2. At the time Resolution 3402 was adopted, annexations were largely coming from within the "doughnut hole" area, in the future more will come from newly or undeveloped lands in the NW quadrant of the urban growth area. 2. Much of the land to the north of the current City limits and west of the airport is farmland, sparsely populated and will likely be included within the City amended Urban Growth Area. Annexation and development of these properties differ from the annexation of long-standing developed areas (like those within the unincorporated island) in that these properties will develop into new homes, neighborhoods and commercial facilities populated by new residents that recently moved to be part of Pasco and will add new demands on public infrastructure. 3. The long-standing population in the unincorporated islands while having an impact on City services for decades, do not creating new impacts to such services as will be the case with development of lands to the northwest. 4. Future bonded indebtedness is a likely possibility going forward and as a matter of fairness, it seems appropriate for payments of bonded indebtedness be shared by all residents of the City - as City infrastructure benefits current City residents and properties not within city limits but within the Urban Growth Boundaries and residents of any future annexed area. Based on these factors, the City Council may wish to consider modifying th e policy established under Resolution 3403 by consideration of the application of bonded indebtedness on a case by case basis, with the level of existing historical development as a factor to be considered in making such a determination. Staff welcomes Council discussion and direction on this issue. Page 73 of 118 RESOLUTION NO. 3 463 A RESOLUTION Concerning Annexation and Bonded Indebtedness. WHEREAS, the eventual incorporation of the entire western portion of the city's urban growth area has been a goal of the city for more than 30 years; and WHEREAS, the majority of the urban growth area has been incorporated through the annexation process; and WHEREAS,the City Council has determined for each annexation over the past 20 years, that the annexing properties would be exempted from paying the property tax otherwise required for bonded indebtedness approved by city voters prior to the date of annexation of the subject properties; and WHEREAS, the current annexation planning effort has raised the question of whether or not the city would require payment of existing bonded indebtedness of the city upon annexation of properties remaining in the urban growth area; and WHEREAS, the City Council finds it is in the best interest of all concerned to provide a clear and indisputable answer to the question; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, Section 1: That the City Council hereby declares that it will not require any properties within the current Pasco urban growth area to assume existing bonded indebtedness of the city in concert with annexation of the respective properties. PASSED by the City Council of the City of Pasco at its regular meeting this 7th day of May, 2012. Og,p0Z•1 Matt Watkins, Mayor AT ESJ: APPR AS TO FORM: 2 De ra ar , City Clerk Leland B. Kerr, City Attorney Page 74 of 118 RESOLUTION NO. _________ RESOLUTION OF THE PASCO CITY COUNCIL CONCERNING ANNEXATION AND BONDED INDEBTEDNESS WHEREAS, the majority of the Urban Growth Area has been incorporated through the Petition Method of Annexation; and WHEREAS, the Petition Method of Annexation requires City Council to determine whether a newly annexed property will be required to assume all or a portion of bonded indebtedness; and WHEREAS, the City of Pasco does not currently have any existing voter approved bonded indebtedness; and WHEREAS, bonded indebtedness is used to finance City infrastructure that benefits both current and future residents of the City; and WHEREAS, it is appropriate for bonded indebtedness for the City to be shared by both current and future City residents; Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That Resolution 3403 be repealed; and Section 2. That the City Council will require the assumption of bonded indebtedness for annexed properties. PASSED by the City Council of the City of Pasco this _____day of _______________, 2018 _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Daniela Erickson Leland B. Kerr City Clerk City Attorney Page 75 of 118 AGENDA REPORT FOR: City Council July 6, 2018 TO: Dave Zabell, City Manager Workshop Meeting: 9/24/18 FROM: Bob Metzger, Police Chief Police Department SUBJECT: Electronic Traffic Control I. REFERENCE(S): Proposed Redflex Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On August 8, 2018 Council approved the use of electronic traffic control on two intersections in the City of Pasco; 20th and Court, and 68th and Burden. Following that decision staff is recommending a vendor for this project. V. DISCUSSION: Staff has been reviewing possible vendors over the past year and has kept council informed on this. What has not yet been completed is a contract with the recommended vendor. Attached to this report is the proposed contract from the recommended vendor, Redflex. This contract is for a three year period but it does allow for an early termination. If terminated early the city would be responsible for a pro-rata share of the costs of the installed equipment. This rate is determined on a month to month basis so at any time if the city decides to discontinue this vendor, or the entire program, the city would be responsible for the entire cost, minus the pro-rata share of time left on the contract. For example, if the city decided to stop the program after one year the city would pay 1/3 Page 76 of 118 of the total cost of the equipment installed at the two intersections. Staff is prepared to answer any additional questions council would have on either the vendor or the contract. Page 77 of 118 EXCLUSIVE AGREEMENT BETWEEN THE CITY OF PASCO, WASHINGTON AND REDFLEX TRAFFIC SYSTEMS, INC. FOR AN AUTOMATED PHOTO ENFORCEMENT PROGRAM This Agreement (this “Agreement”) is made this ______ day of ____________________ 20_____ (“Effective Date”) between Redflex Traffic Systems, Inc., a Delaware Corporation (“Redflex”), and the City of Pasco, Washington, a municipal corporation (the “City” and/or the “City”) (each a “Party” and collectively, the “Parties”), for an Automated Photo Enforcement Program. RECITALS A. Violations of Wash. Rev. Code §§ 46.61.050 and 46.61.055, and local ordinances of the Pasco Municipal Code for failing to stop for a red light or failing to obey a red arrow, have been shown to pose a significant risk to life and property. B. It is the objective of the Automated Photo Enforcement Program to reduce the incidents of vehicle collisions at the traffic intersections that are subject to the Program; C. Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to the Automated Photo Enforcement Program; and D. On or about September 1, 2017, the National Cooperative Purchasing Alliance (“NCPA”) awarded Redflex the Traffic Control, Enforcement, & Signal Preemption Equipment contract to allow NCPA member agencies the opportunity to procure photo enforcement equipment; E. As an NCPA member agency, the City desires to procure photo enforcement services through the NCPA; and F. The City desires that Redflex furnish and Redflex desires to furnish all equipment, licenses, applications and back office processing related to the Automated Photo Enforcement Program, including digital traffic enforcement cameras and equipment for the monitoring and enforcement of laws regulating traffic signals. The Parties accordingly agree as follows: AGREEMENT 1. DEFINITIONS. In this Agreement, the words and phrases capitalized below shall have the following meanings: 1.1. “Authorized Employee” means the Project Manager or such other individual(s) as the City shall designate to review Potential Violations and to authorize the issuance of Citations. 1.2. “Authorized Violation” means each Potential Violation in the Violation Data for which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized Employee by using the Redflex System. 1.3. “Automated Photo Enforcement Program” or “the Program” are interchangeable and synonymous and mean the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and sensor arrays which, collectively, are capable of detecting Violations and recording Violation Data in the form of photographic images of motor vehicles. 1.4. “Business Rules” means the set of rules, guidelines, structures and methods of operation that define specific operational components of the Program. 1.5. “Citation” means the notice of a Violation, which is mailed or otherwise delivered by Redflex on behalf of the City to the violator on the appropriate Enforcement Documentation for each Authorized Violation. 1.6. “Confidential or Private Information” means, with respect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected Page 78 of 118 with such Person’s business or methods of operation or concerning any of such Person’s suppliers, licensors, licensees, customers or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but not limited to: 1.6.1. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or customers, or at which such Person sells or has sold its services; and 1.6.2. Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term “trade secrets” shall have the meaning provided under Washington law. 1.6.3. Notwithstanding the foregoing, Confidential Information will not include information that: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of a Party in breach of this Agreement, (iii) was lawfully disclosed to a Party by a person other than a Party, (iv) was required by a court of competent jurisdiction to be disclosed, or (v) was required by applicable state law to be disclosed. 1.7. “Designated Intersection Approaches” means the Intersection Approaches that the Parties mutually agree on from time to time. See Exhibit A for the number of approaches. 1.8. “Electronic Signature” means the method through which the Authorized Employee indicates his or her approval of the issuance of a Citation for a Potential Violation using the Redflex System. 1.9. “Enforcement Documentation” means the necessary and appropriate documentation related to the Program, including but not limited to warning letters, Citation notices (using the specifications of the applicable court(s) and the City, a numbering sequence for use on all citation notices (in accordance with applicable court rules), instructions to accompany each issued Citation (including in such instructions a description of basic court procedures, payment options and information regarding the viewing of images and data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Citations (including for coordinating with the applicable vehicle registry), and technical support documentation for applicable court and judicial officers. 1.10. “Equipment” means any and all approach cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the Program. 1.11. “Fine” means a monetary sum assessed for a Citation, including but not limited to bail forfeitures, but excluding suspended fines. 1.12. “Governmental Authority” means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any of the foregoing. 1.13. “Installation Date” means the date on which Redflex completes the construction and installation of all Intersection Approaches, approved by the Parties as part of the Initial Installation Group (defined in Exhibit “B”) and has completed the Warning Period in accordance with the terms of this Agreement so that the Intersection Approaches are fully operational for the purposes of functioning with the Program. 1.14. “Intellectual Property” means, for any Person, any and all now known or later known tangible and intangible (a) rights associated with works of authorship throughout the world, including but not limited to copyrights and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other intellectual or industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues in force (including any rights in any of the foregoing), of such Person. Page 79 of 118 1.15. “Intersection Approach” means a conduit of travel with up to four (4) contiguous lanes from the curb (e.g., northbound, southbound, eastbound or westbound) on which at least one (1) system has been installed for the purposes of facilitating the Program by the City. 1.16. “Lost Profits” means profits that would have been received by a Party had the other Party fully performed this Agreement, including, but not limited to (a) revenues that would have been received by the City on account of Citations that might have been issued during periods in which the Redflex System was not functioning properly, and (b) amounts that must be refunded or disgorged by the City due to Fines collected as a result of an improper or invalidly issued Citation. 1.17. “Operational Period” means the period of time during the Term, commencing on the Installation Date, during which the Program is functional in order to permit the issuance of Citations using the Redflex System. 1.18. “Person” means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association. 1.19. “PLATESCAN® System” means the license plate scanning system of Redflex. 1.20. “Potential Violation” means for any motor vehicle passing through a Designated Intersection Approach, the data collected by the Redflex System concerning such motor vehicle, which data shall be processed by the Redflex System for the purposes of allowing the Authorized Employee to review such data and determine whether a traffic violation has occurred. 1.21. “Project Manager” means the project manager appointed by the City in accordance with this Agreement, which shall be an Authorized Employee and shall be responsible for overseeing the installation of the Redflex System at the Designated Intersection Approaches and the implementation of the Program, and which manager shall have the power and authority to make management decisions relating to the City’s obligations pursuant to this Agreement, including but not limited to change order authorizations. 1.22. “Proprietary Property” means for any Person, any written or tangible property owned or used by such Person in connection with such Person’s business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices. 1.23. “Redflex Marks” means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to the Program at any time during the Term, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any of the foregoing. 1.24. “Redflex Project Manager” means the project manager appointed by Redflex in accordance with this Agreement, who shall be responsible for overseeing the construction and installation of the Redflex System and related equipment at the Designated Intersection Approaches and the implementation and ongoing services of the Program, and who shall have the power and authority to make day-to-day management decisions relating to Redflex’s obligations pursuant to this Agreement; provided, however, the Redflex Project Manager does not have the authority to authorize change orders without additional Redflex approvals. 1.25. “Redflex System” means, collectively, the Salus® System, SMARTcam® System, the SMARTscene® System, REDFLEXred® System, REDFLEXradar®” System, SMARTops® System, Alcyon System, HALO, the Program, and all of the other equipment, applications, software, hardware, back office processes, servers, off-site backup systems, cameras, sensors, components, motor vehicles and other related tangible and intangible property, to enable Redflex to enforce a minimum of one lane of travel at a designated location. 1.26. “REDFLEXradar®” means the detection and tracking system of Redflex relating to the Program. 1.27. “REDFLEXrail® System” means the proprietary digital railroad grade crossing photo enforcement system of Redflex. 1.28. “REDFLEXred® System” means the proprietary digital red light photo enforcement system of Redflex relating to the Program. Page 80 of 118 1.29. “REDFLEXslimline® System” means the proprietary photo enforcement system of Redflex. 1.30. “Salus® System” means the proprietary software that controls the systems of Redflex relating to the Program. 1.31. “REDFLEXspeed® System” means the proprietary speed enforcement system of Redflex. 1.32. “REDFLEXstop® System” means the proprietary stop sign enforcement system of Redflex. 1.33. “SMARTcam® System” means the proprietary software system that controls the systems of Redflex relating to the Program. 1.34. “Alcyon System” means the proprietary back-office processes of Redflex relating to the Program. 1.35. “SMARTscene® System” means the proprietary digital video camera unit, hardware and software required for providing supplemental violation data relating to the Program. 1.36. “Traffic Signal Controller Boxes” means the signal controller interface and vehicle detection owned and operated by the City. This includes the City’s traffic controller, the City’s vehicle detection equipment, the City’s communication equipment, and the City’s controller cabinet. 1.37. “Violation” means any traffic violation as provided for in any applicable rule, regulation or law of any other Governmental Authority, including but not limited to operating a motor vehicle contrary to traffic signals, and operating a motor vehicle without displaying a valid license plate or registration. 1.38. “Violation Criteria” means the standards and criteria by which Potential Violations will be evaluated by Authorized Employees of the City, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. Should physical criteria change which requires additional modification to the Program or its detection equipment, any costs incurred in connection with such modifications shall be the responsibility of the City. 1.39. “Violations Data” means the images and other Violations data gathered by the Redflex System at the Designated Intersection Approaches. 1.40. "Warning Period" means the period of time after the installation and activation of the first Designated Intersection Approach during which period only warning notices shall be issued for a period of thirty (30) days, unless otherwise agreed to by the Parties. 2. TERM. The term of this Agreement shall commence on the Installation Date and continue for a period of three (3) years, unless terminated earlier as provided for in this Agreement (“Initial Term”). The Initial Term shall automatically renew for up to two (2) additional consecutive one (1) year time periods (each a “Renewal Term”). The Initial Term together with each exercised Renewal Term is collectively the “Term.” Each Renewal Term shall automatically and without any required notice or action be deemed to have been exercised unless the City provides written notice to Redflex in accordance with Section 9 of its election not to extend at least thirty (30) days prior to the expiration of the Initial Term or the applicable Renewal Term. In its sole discretion the City may elect not to extend under this Section. 3. SERVICES. Redflex shall provide the following services in connection with the Program [such services, including those outlined in Exhibits B and C are subject to change based on local and State law]: 3.1. INSTALLATION. With respect to the construction and installation of the Designated Intersection Approaches and the installation of the Redflex System at such Designated Intersection Approaches, the City and Redflex shall have the respective rights and obligations set forth on Exhibit B. 3.2. MAINTENANCE. With respect to the maintenance of the Redflex System at the Designated Intersection Approaches, the City and Redflex shall have the respective rights and obligations set forth on Exhibit C. 3.3. VIOLATION PROCESSING. During the Operational Period, Violations shall be processed as follows: 3.3.1. All Violations Data shall be stored on the Redflex System; Page 81 of 118 3.3.2. The Redflex System shall process Violations Data gathered from the Designated Intersection Approaches into a format capable of review by the Authorized Employee via the Redflex System; 3.3.3. The Redflex System will be accessible by Authorized Staff through a secure and encrypted connection by use of a confidential user account on a computer equipped with a high- speed Internet connection and an approved web browser; 3.3.4. Within six (6) days after gathering the Violations Data from the applicable Designated Intersection Approach, Redflex shall provide the Authorized Employee with access to the Redflex System for the purposes of reviewing the pre-processed Violations Data; 3.3.5. The City shall cause the Authorized Employee to review the Violations Data and to determine whether a Citation shall be issued with respect to each Potential Violation captured within such Violations Data, and transmit each such determination in the form of an Electronic Signature to Redflex using the software or other applications or procedures provided by Redflex on the Redflex System for such purpose. REDFLEX ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE’S SOLE DISCRETION (A “CITATION DECISION”), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION DECISION; 3.3.6. For each Authorized Violation, Redflex shall print and mail a Citation after Redflex’s receipt of such authorization; provided, however, during the Warning Period, only warning violation notices shall be issued for all Authorized Violations; 3.3.7. Redflex shall provide a toll-free telephone number for the purposes of answering citizen inquiries; 3.3.8. Redflex shall permit the Authorized Employee to generate reports using the Redflex Standard Report System; 3.3.9. Upon Redflex’s receipt of a written request from the City and in addition to the Standard Reports, Redflex will provide, without cost to the City, access to a reporting tool to allow the City to generate reports; 3.3.10. During the six (6) month period following the Installation Date and/or upon Redflex’s receipt of a written request from the City at least fourteen (14) calendar days in advance of a court proceeding, Redflex shall provide at its expense expert witnesses for use by the City in prosecuting Violations; provided, however, the City shall use reasonable best efforts to seek judicial notice in lieu of requiring Redflex to provide such expert witnesses. After the initial six (6) month period, the City shall be obligated to reimburse Redflex for the cost of expert witnesses provided at the City’s request. 3.3.11. During the three (3) month period following the Installation Date, Redflex shall provide training to City personnel as shall be reasonably necessary to allow City personnel to act as expert witnesses on behalf of the City. 3.4. RECORDS RETENTION. Redflex shall retain Violations Data in accordance with all applicable law as outlined in the Business Rules. 3.5. PROSECUTION AND COLLECTION; COMPENSATION. The City shall diligently prosecute Citations and the collection of all Fines related to the Citations. Redflex shall have the right to receive, and the City shall be obligated to pay Redflex, the compensation set forth on Exhibit D. On no less than a monthly basis and no later than the 15th calendar day following the end of the previous month, the City shall provide to Redflex a report, in a format to be mutually agreed to between the Parties and without cost to Redflex, regarding the Fines and monies collected that are attributable to the Program so that the Parties may comply with the cost neutrality provisions set forth on Exhibit “D” attached hereto and incorporated by reference into this Agreement. 3.6. TAXES . Where obligated by applicable law, Redflex shall timely pay all taxes relating to or arising out of the Program. Unless otherwise indicated, the City agrees to pay any applicable taxes including but not limited to use, property or sales taxes required at the municipal, county, state or any other taxing authority level on all applicable consumer services and materials purchased and/or leased. No charge by the City shall be made for federal excise taxes and City agrees to furnish Redflex with an exemption certificate where appropriate for any applicable Page 82 of 118 sales and/or use taxes. For the avoidance of doubt, it is the Parties intent that this Agreement does not alter the tax liability of either Party under the applicable law. 3.7. OTHER RIGHTS AND OBLIGATIONS. In addition to all of the other rights and obligations set forth in this Agreement, Redflex and the City shall have the respective rights and obligations set forth on Exhibit E. 3.8. CHANGE ORDERS. 3.8.1. The City may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice to Redflex, setting forth in reasonable detail the proposed changes (a “Change Order Notice”). Upon Redflex’s receipt of a Change Order Notice, Redflex shall deliver a written statement describing the cost, if any (the “Change Order Proposal”). The Change Order Proposal shall include (i) a detailed breakdown of the charge and any schedule impact, (ii) a description of any resulting changes to the specifications and obligations of the Parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the City. Following the City’s receipt of the Change Order Proposal, the Parties shall negotiate in good faith and agree in writing to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change requested within one year of the Effective Date involves only the addition of equipment or services to the existing Designated Intersection Approaches, to the maximum extent applicable, the pricing terms set forth in Exhibit D shall govern. Any failure of the Parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement provided each Party acted in good faith. 3.8.2. In the event that the change outlined in the Change Order Notice and the Change Order Proposal, and approved by the Parties, concerns moving an installed Redflex System to a new Designated Intersection Approach, then the City shall be responsible for the costs associated with the removal and reinstallation of the Redflex System and the Term of this Agreement shall be extended by the number of days equal to the period of time in which the Redflex System at issue is inactive, if that period of time is fourteen (14) or more calendar days, unless the City chooses to continue paying the Fixed Monthly Fee , as outlined in Exhibit D, during such period of time. 3.9. ROAD REPAIRS AND CONSTRUCTION PROJECTS. The Fixed Monthly Fee to be paid will not be affected by any road repairs, street improvements or stop work order at any Designated Intersection Approach. 3.10. ANNUAL REPORT. On an annual basis, the City shall report, on the City’s website, the number of traffic accidents that occurred at each Designated Intersection Approach, as well as the number of notices of infraction issued for each camera and any other relevant information about the Program that the City deems appropriate. 3.11. FUTURE SERVICES. If Washington law allows, now or in the future, a Governmental Authority to suspend the ability to register a vehicle, as controlled by the Washington Department of Transportation, for Persons with delinquent or unpaid fines, whether criminal or civil, upon mutual agreement the Parties have the option to mutually agree to execute an amendment to this Agreement for Redflex to provide the City certain automated scofflaw services under its ASP and ASP2 Programs, as applicable, to implement such law. 4. LICENSE; RESERVATION OF RIGHTS. 4.1. LICENSE. Subject to the terms and conditions of this Agreement, Redflex grants the City, and the City accepts from Redflex, a non-exclusive, non-transferable license during the Term to: (a) solely within the City, access and use the Redflex System for the sole purpose of reviewing Potential Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any related content posted on the Redflex System, (b) disclose that Redflex is providing services to the City in connection with Program pursuant to the terms of this Agreement, and (c) use and display the Redflex Marks on or in marketing, public awareness Page 83 of 118 or education, or other publications or materials relating to the Program, so long as any and all such publications or materials are approved in advance by Redflex. 4.2. RESERVATION OF RIGHTS. The City acknowledges and agrees that: (a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related Equipment, (b) the City neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of the City pursuant to this Agreement, the City shall gain no additional right, title or interest. 4.3. RESTRICTED USE. The City covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or Redflex’s goodwill, (d) use any trademarks or other marks other than the Redflex Marks in connection with the City’s use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or (e) disassemble, de-compile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex Program, including but not limited to any Equipment, or to any Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any of the foregoing. 4.4. PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The City shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any registrations or filings with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex. 4.5. INFRINGEMENT. The City shall give Redflex prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates or potentially infringes or violates the Redflex Marks or any of Redflex’s Intellectual Property or that constitute or potentially constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce its rights to protect its Marks and Intellectual Property and to make settlements relating to its Marks and Intellectual Property. In the event that Redflex commences any enforcement action relating to its Marks or Intellectual Property, the City shall provide Redflex with any reasonable and lawful cooperation and assistance that Redflex requests. Redflex shall be entitled to any damages or other monetary amount that might be awarded provided that prior to deduction of Redflex’s actual costs and attorney’s fees; Redflex shall reimburse the City for any reasonable costs incurred in providing such cooperation and assistance. 4.6. INFRINGING USE. The City shall give Redflex prompt written notice of any action or claim, whether threatened or pending, against the City alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the City shall provide to Redflex reasonable cooperation and assistance as is requested by Redflex; provided, that Redflex shall reimburse the City for its reasonable costs incurred in providing such cooperation and assistance. If Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the City the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items. 4.7. UNAUTHORIZED REFERENCES TO REDFLEX. The City shall not utilize, make use of and/or make any reference to Redflex, its name or likeness, its affiliated, parent or subsidiary companies or corporations, its logos, insignias, trademarks, trade names, brand, websites, property, assets, products or services, including, but not limited to: “PLATESCAN® System”; “REDFLEXradar® System”; “REDFLEXrail® System”; “REDFLEXred® System”; “REDFLEXslimline® System”; “REDFLEXspeed® System”; “REDFLEXstop® System”; “Redflex Student Guardian® System”; “Salus® System”; “SMARTcam® System”; Page 84 of 118 “SMARTops® System”; “SMARTscene® System”; and/or and any and all combinations, variants and derivatives of the foregoing, for any reason or purpose without the prior written approval of Redflex which may be withheld, denied, delayed, rejected and/or refused, by Redflex in its sole discretion. This Section shall not prohibit the City from releasing information it is required to release under the Public Records Act, Chapter 42.56 RCW. 5. REPRESENTATIONS AND WARRANTIES. 5.1. REDFLEX REPRESENTATIONS AND WARRANTIES. 5.1.1. Authority. Redflex warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations. 5.1.2. Professional Services. Redflex warrants and represents that any and all services that it provides pursuant to this Agreement shall be performed in a professional and workmanlike manner and in compliance with applicable law and by agreed upon specifications. 5.2. CITY REPRESENTATIONS AND WARRANTIES. 5.2.1. Authority. The City warrants and represents that the purchasing program it has relied upon in entering into this Agreement, National Cooperative Purchasing Alliance (“NCPA”), is an approved cooperative purchasing program, and the City has all legal right, power and authority to execute and deliver this Agreement and perform its obligations. The City warrants and represents that it has complied with all applicable laws and regulations in entering into this Agreement, including State and Local procurement laws, and will comply with all applicable laws and regulations in performing under this Agreement. 5.2.2. Professional Services. The City warrants and represents that any and all services that it provides pursuant to this Agreement shall be performed in a professional and workmanlike manner and in compliance with applicable law and by agreed upon specifications. 5.3. LIMITED WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, INCLUDING ANY MAINTENANCE OBLIGATIONS SET FORTH IN SECTION 3.2, REDFLEX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR ANY RELATED EQUIPMENT OR SOFTWARE, OR WITH RESPECT TO THE RESULTS OF THE PROGRAM. 6. TERMINATION. 6.1. TERMINATION: Either Party shall have the right to terminate this Agreement by written notice to the other Parties if (i) state statutes are amended or otherwise changed to prohibit or substantially change the operation of the Program; (ii) the highest appellate court for the State of Washington rules that the Violations Data are inadmissible in evidence; or (iii) another Party commits a material breach of this Agreement. In the event of a breach pursuant to (iii) above, the breaching Party shall have the right to remedy or cure the material breach within forty-five (45) calendar days (or within such other time period as the Parties shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after receipt of written notice from the terminating Party setting forth in reasonable detail the facts giving rise to the material breach. Termination of this Agreement based upon an alleged material breach shall not be enforceable or effective unless the terminating Party mails written notice to the breaching Party not less than forty-five (45) calendar days before the termination date and provides to the breaching Party the opportunity to remedy or cure the breach within the time period provided above. The right to terminate this Agreement shall be without prejudice to any other right or remedy of any Party with respect to the breach concerned (if any) or any other breach of this Agreement except as otherwise provided in this Agreement. 6.2. TERMINATION FOR NON-APPROPRIATION. Notwithstanding any provision to the contrary, if the City is unable to appropriate funds to fulfill its obligations under this Agreement, the City shall give written notice to Redflex not less than thirty (30) days prior to the end of the fiscal year for which funds have already been appropriated, together with a financial statement showing the inability to appropriate funds for the next fiscal year, and this Agreement shall terminate at the Page 85 of 118 end of the fiscal year in which notice is given. the City shall use all reasonable efforts to ensure appropriated funds are available to satisfy the City’s obligations under this Agreement. 6.3. TERMINATION FOR CONVENIENCE. Either Party may terminate this Agreement upon 30 business days’ written notice to the other Party of its intent to terminate this Agreement. If the City chooses to exercise its option to terminate the Agreement for convenience, the City shall pay to Redflex an amount equal to the unamortized costs of the direct labor and direct material costs, and capitalized costs, associated with the installation of all Intersection Approaches installed pursuant to the terms of this Agreement based upon a three (3) year, month by month amortization schedule for each Intersection Approaches (referred to as the “Approach 3-Year Amortization Schedule”). This Approach 3-Year Amortization Schedule shall commence as of the “Go Live” date of each Intersection Approach. Redflex shall provide the City an itemized estimate prior to the installation of an Intersection Approach reflecting the cost of labor and direct material costs. Following the installation of each Intersection Approach, Redflex shall provide an itemized statement, with supporting invoices and labor expense documentation, to the City of the amount of direct labor costs and direct material costs solely associated with the installation of an Intersection Approach. 6.4. PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relieve either Party of any liability that accrued before termination. Except as set forth in Section 6.4, upon the termination of this Agreement, all of the provisions of this Agreement shall terminate and: 6.4.1. Redflex shall: (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the Program, provided, however, that, at its option, Redflex may continue to process data collected prior to the date of termination related to Potential Violations for the purpose of enabling the City to determine whether a Violation has occurred, and may continue to print and mail Citations based on such data; (ii) promptly deliver to the City any and all Proprietary Property or Confidential Information of the City provided to Redflex pursuant to this Agreement, except for any information necessary for Redflex, at its option, to process pre-termination data in accordance with the preceding clause (i); (iii) promptly deliver to the City a final report regarding the collection of data and the issuance of Citations in a format and for a period of time mutually agreed upon by Redflex and the City; (iv) promptly deliver to the City a final invoice for all amounts owed by the City to Redflex for work performed and Citations issued by Redflex prior to the termination; and (v) provide such assistance as the City may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the termination of this Agreement. Redflex shall have no obligation to retain Violations Data after termination of this Agreement. At termination and upon the City’s prior written request, Redflex will transfer the Violations Data to the City in accordance with a mutually agreed upon method of transfer. The City shall be responsible for all costs associated with the transfer of the Violations Data including but not limited to administrative costs, storage media and storage media authoring device costs, and internet bandwidth costs incurred in transferring the Violations Data. Upon completion of the transfer of the Violations Data to the City, Redflex shall have no obligation or responsibility concerning the Violations Data. 6.4.2. The City shall (i) immediately cease using the Program, accessing the Redflex System and using any other Intellectual Property of Redflex, except in accordance with Section 6.4.2(i) above, (ii) promptly deliver to Redflex any and all Proprietary Property or Confidential Information of Redflex provided to the City pursuant to this Agreement with the exception that the City may maintain a copy of any records in its possession that may be subject to applicable records retention laws and RCW 42.56 and as amended, and (iii) promptly pay Redflex any and all fees, charges and amounts that the City owes Redflex for work performed and Citations issued prior to the termination, as outlined in Exhibit D. 6.4.3. Unless the City and Redflex have agreed to enter into a new agreement relating to the Program or have agreed to extend the Term, Redflex shall remove any and all above ground level Equipment or other Redflex materials installed in connection with Redflex’s performance of its obligations under this Agreement and return the site to substantially the same condition as it was at the time of the initial Equipment installation. . Page 86 of 118 6.4.4. The City shall continue to pay to Redflex a pro rata share of all monies or revenue generated, collected and/or received by City after the termination of the Agreement that are, in any way, a result of, associated with and/or attributable to, in whole or in part, the products or services that Redflex provided to the City pursuant to this Agreement. 6.5. SURVIVAL. Notwithstanding the foregoing, the definitions provided for in Section 1 and each of the following Sections shall survive the termination of this Agreement: (i) Sections 4.2 (Reservation of Rights), 5.1 (Redflex Representations and Warranties), 5.2 (City Representations and Warranties), 5.3 (Limited Warranties), 7 (Confidentiality), 8 (Indemnification and Liability), 9 (Notices), 10 (Dispute Resolution), 11.1 (Assignment), 11.17 (Injunctive Relief; Specific Performance), 11.18 (Applicable Law) and 11.19 (Jurisdiction and Venue), and (ii) any Section in this Agreement which states, or evidences the intent of the Parties, that the Section survives the expiration or termination of the Agreement, or must survive to give effect to the Section. 7. CONFIDENTIALITY. During the Term and for a period of three (3) years after its expiration or termination, neither Party shall disclose to any third person, or use for itself in any way, any Confidential Information learned from the other Party during the course of the negotiations for this Agreement or during the Term. Upon termination of this Agreement, each Party shall return to the other all tangible Confidential Information of such Party. For all requirements under Section 7, each Party shall retain in confidence and not disclose to any third party any Confidential Information without the other Party’s express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, representatives, attorneys and other professional advisors that have a need to know such Confidential Information, provided that such Parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records. 8. INDEMNIFICATION AND LIABILTY. 8.1. Indemnification by Redflex. Subject to Section 8.3, Redflex hereby agrees to defend and indemnify the City, and its affiliates, shareholders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them (individually a “City Party” and collectively, the “City Parties”) against, and to protect, save and keep harmless the City Parties from, and to pay on behalf of or reimburse the City Parties as and when incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements (including reasonable attorneys’, accountants’ and expert witnesses’ fees) of whatever kind and nature (collectively, “Losses”), which may be imposed on or incurred by any City Party arising out of or related to (a) any material misrepresentation, material inaccuracy or material breach of any covenant, warranty or representation of Redflex contained in this Agreement or (b) the willful misconduct or negligence of Redflex, its employees or agents which results in death or bodily injury to any person or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct or negligence of any City Party. 8.2. Indemnification by City. Subject to Section 8.3, the City hereby agrees to defend and indemnify Redflex and its affiliates, shareholders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them, or any of them (individually a “Redflex Party” and collectively, the “Redflex Parties”) against, and to protect, save and keep harmless the Redflex Parties from, and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to (a) any material misrepresentation, material inaccuracy or material breach of any covenant, warranty or representation of the City contained in this Agreement, (b) the willful misconduct of the City, its employees, contractors or agents which result in death or bodily injury to any person or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct or negligence of any Redflex Party, or (c) any claim, action or demand challenging the City’s use of the Redflex System or any portion thereof, the validity of the results of the City’s use of the Redflex System or any portion Page 87 of 118 thereof, or the validity of the Citations issued, prosecuted and collected as a result of the City’s use of the Redflex System or any portion thereof, except to the extent caused by the willful misconduct or negligence of any Redflex Party. 8.3. Indemnification Procedures. In the event any claim, action or demand (a “Claim”) for which any Party seeks indemnification from the other Party, the Party seeking indemnification (the “Indemnified Party”) shall give the Party from whom indemnification is sought (the “Indemnifying Party”) written notice of the Claim promptly after the Indemnified Party first becomes aware of the Claim; provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party shall have the right to choose counsel to defend such Claim (subject to the approval of such counsel by the Indemnified Party, which approval shall not be unreasonably withheld, conditioned or delayed), and to control, compromise and settle such Claim, and the Indemnified Party shall have the right to participate in the defense at its sole expense; provided, however, the Indemnified Party shall have the right to take over the control of the defense or settlement of such Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from and by the Indemnifying Party. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim, and no Party shall have the right enter into any settlement agreement that materially affects the other Party’s material rights or material interests without such Party’s prior written consent, which consent will not be unreasonably withheld or delayed. 8.4. LIMITED LIABILITY. Notwithstanding anything contrary in this Agreement, neither Party shall be liable to the other Party for any special, incidental, indirect, consequential, exemplary or punitive damages, including damages resulting from Lost Profits, however caused and on any theory of liability arising out of or relating to this Agreement. 9. NOTICES. Any notices required by this Agreement shall be in writing, and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed either first class, certified mail, return receipt requested, postage and registry fees prepaid, or (c) one Business Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, in each case addressed or sent as follows: 9.1. Notices to Redflex: Redflex Traffic Systems, Inc. Attn: Legal Department 5651 W. Talavi Blvd., Suite 200 Glendale, Arizona 85306 E-Mail: legaldepartment@redflex.com 9.2. Notices to the City: City of Pasco Attention: Jeff Harpster, Commander 215 W Sylvester St Pasco, WA 99301 Email: harpsterj@pasco-wa.gov 10. DISPUTE RESOLUTION. The Parties shall engage in informal, good faith discussions and attempt to resolve any dispute or disagreement between the Parties arising out of or relating to this Agreement before initiating arbitration, mediation or litigation. In connection with those informal discussions, each Party shall appoint a designated officer and the designated officers of the Parties shall meet in person for the purpose of attempting to resolve and dispute. The designated officers shall meet as often as the Parties shall determine to be reasonably necessary. In the event the dispute is not resolved, it shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be placed in Franklin County, Washington, the laws of Page 88 of 118 the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. 11. MISCELLANEOUS. 11.1. ASSIGNMENT. Neither Party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. 11.2. RELATIONSHIP BETWEEN REDFLEX AND THE CITY. Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the Parties. The relationship between the Parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either Party to incur any debts or liabilities or obligations on behalf of the other Party (except as specifically provided in this Agreement). 11.3. AUDIT RIGHTS. Each of Parties hereto shall have the right to audit the books and records of the other Party (the “Audited Party”) solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty-eight (48) hours’ prior notice to the Audited Party, at mutually convenient times and during the Audited Party’s normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non-Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent (25%) of the amount of actually owing, the cost of such audit shall be borne by the Audited Party. If the audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, the non-Audited Party shall promptly refund to the Audited Party the amount of the overpayment. 11.4. FORCE MAJEURE. No Party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God, war, terrorism, significant fires, floods, earthquakes, epidemics, severe weather, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission of Redflex. The Party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 11.5. ADDITIONAL SERVICES. This Agreement may be amended, in accordance with Section 11.6, to add additional Redflex systems and products, including, but not limited to school zone speed enforcement. 11.6. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the Parties, and there are no other agreements (other than invoices and purchase orders), whether written or oral, which affect its terms. This Agreement may be amended only by a subsequent written agreement signed by both Parties. 11.7. SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to its other provisions and the remainder of the affected provision. 11.8. WAIVER. Any waiver by either Party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision of this Agreement. 11.9. CONSTRUCTION. This Agreement shall be construed as having been fully and completely negotiated by both Parties and neither the Agreement nor any of its provision shall be construed more strictly against either Party. 11.10. HEADINGS. The headings of the sections contained in this Agreement are included for reference purposes only, solely for the convenience of the Parties, and shall not in any way be deemed to affect the meaning, interpretation or applicability of this Agreement or any of its terms, conditions or provisions. 11.11. EXECUTION AND COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Any one of such counterparts shall be sufficient for the purpose of proving the existence and terms of this Page 89 of 118 Agreement, and no Party shall be required to produce an original or all of such counterparts in making such proof. 11.12. COVENANT OF FURTHER ASSURANCES. All Parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions of this Agreement. 11.13. REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any one remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy. 11.14. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon all of the Parties and their respective executors, administrators, successors and permitted assigns. 11.15. COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be modified or limited only to the extent necessary to bring it within the requirement of the law, provided that such modification or limitation is consistent with the intent of the Parties as expressed in this Agreement. 11.16. NO THIRD-PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a Party to this Agreement. 11.17. INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The Parties agree and acknowledge that a breach of Sections 4.1 (License), 4.3 (Restricted Use) or 7 (Confidentiality) of this Agreement would result in severe and irreparable injury to the other Party, which injury could not be adequately compensated by an award of money damages, and the Parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of these Sections, or to enjoin or prevent such a breach. 11.18. APPLICABLE LAW. This Agreement shall be governed solely by and construed, in all respects, in accordance with the laws of the State of Washington. 11.19. JURISDICATION AND VENUE. Any conflict, claim or dispute between the Parties affecting, arising out of or relating to the subject matter of this Agreement shall be filed only in and litigated solely in the Franklin County Superior Court in the State of Washington and all Parties specifically consent and agree to the exclusive jurisdiction of that court. 11.20. ATTORNEYS’ FEES. In the event any legal action is commenced to enforce or interpret this Agreement, the prevailing Party is entitled to reasonable attorney’s fees, costs, and expenses incurred. 11.21. PREVAILING WAGE. Redflex shall be responsible for complying with the applicable prevailing wage requirements. 11.22. Both Parties agree that no provision or requirement of this Agreement shall be interpreted, construed, applied, or enforced if it would result in a potential violation by the City of any applicable statutes or regulations of the State of Washington, including but not limited to Washington State records retention requirements and Chapter 42.56 RCW, the Public Records Act. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. “The City” “Redflex” CITY OF PASCO, WASHINGTON REDFLEX TRAFFIC SYSTEMS, INC. ____________________________ ____________________________ Name: ______________________ Name: Michael Finn Title: ______________________ Title: Vice President Page 90 of 118 EXHIBIT “A” Intersection Approaches, This Agreement is for the implementation of up to ten (10) Intersection Approaches. The number and identification of enforced approaches will be based on mutual agreement between Redflex and the City as warranted by community safety and traffic needs. Nothing in this Agreement shall be construed as requiring the Parties install the maximum number of approaches authorized herein. The City will make all reasonable efforts to provide the list of proposed intersections under consideration prior to formal project kick-off to the designated Redflex project manager. Page 91 of 118 EXHIBIT “B” Construction and Installation Obligations Timeframe for Installation: Automated Photo Enforcement Program: Redflex will install, deliver and activate the Designated Intersection Approaches in phases in accordance with an implementation plan to be mutually agreed to by Redflex and the City. As part of the implementation plan, the Parties will mutually agree upon the number and location of the Intersection Approaches that Redflex will install as part of the initial project kick-off (“Initial Installation Group”). The Initial Installation Group shall be limited to four (4) Intersection Approaches. Redflex will use reasonable commercial efforts to install and activate the Initial Installation Group within sixty (60) days of the latest of a) formal project kick-off; b) receipt of the required City approved program Business Rules; and c) receipt of all required government approvals. The City agrees that the estimated timeframe for installation and activation are subject to conditions beyond the control of Redflex and are not guaranteed. In order to provide the City with timely completion of the installations, Redflex requires that the City assist with obtaining timely responses to permit requests. The City acknowledges the importance of the safety program and undertakes that in order to keep the project on schedule the City will provide engineering review(s) of Redflex permit requests and all documentation in a timely manner. 1. REDFLEX OBLIGATIONS. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Redflex’s sole expense): 1.1. Appoint the Redflex Project Manager and a project implementation team; 1.2. Request current “as-built” electronic engineering drawings for the Designated Intersection Approaches (the “Drawings”) from the City traffic engineer; 1.3. Develop and submit to the City for approval construction and installation specifications in reasonable detail for the Designated Intersection Approaches, including but not limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; 1.4. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection Approaches (collectively, the “Approvals”), which will include compliance with City permit applications; 1.5. Finalize the acquisition of the Approvals; 1.6. Apply for and pay the business tax and registration tax for a business license, in accordance with Pasco Municipal Code; 1.7. Assist the City in developing a public awareness strategy, which may include media and educational materials; 1.8. Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersection Approaches; 1.9. Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersection Approaches, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations; 1.10. Install and test the functionality of the Designated Intersection Approaches with the Redflex System and establish fully operational Violation processing capability with the Redflex System; 1.11. Implement the use of the Redflex System at each of the Designated Intersection Approaches; 1.12. Deliver the Materials to the City; 1.13. Citation processing and citation issuance/re-issuance for Authorized Violations; 1.14. Once a year, upon request of the City, provide training (i) for up to fifteen (15) personnel of the City, including but not limited to the persons who City shall appoint as Authorized Employees and other persons involved in the administration of the Program, (ii) for up to sixteen (16) hours in the aggregate, (iii) regarding the operation of the Redflex System and the Program, which training shall include training with respect to the Redflex System and its operations, strategies for Page 92 of 118 presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.15. Provide all necessary communication, broadband and telephone services to the Designated Intersection Approaches; 1.16. Establish an interface by utilizing City’s ability, as a government entity, to access the records data of the Department of Motor Vehicles. Redflex will assist the City in the developing an interface to be provided by the Department of Motor Vehicles; 1.17. Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, and coordination between Redflex, and the City; and 1.18. The Redflex Project Manager (or a reasonable alternate) shall be available to the Authorized Officers each day, on a reasonable best efforts basis. 2. CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in each case, unless otherwise stated below, at the City’s sole expense): 2.1. Appoint the Project Manager; 2.2. Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities; 2.3. Notify Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Program; 2.4. Provide ongoing assistance to Redflex in obtaining access to the records data of the Department of Motor Vehicles in Redflex’s capacity as an independent contractor to the City; 2.5. Provide reasonable access to the City’s properties and facilities in order to permit Redflex to install and test the functionality of the Designated Intersection Approaches and the Program; 2.6. Provide reasonable access to the personnel of the City and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.7. Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with respect to the quantity of media and program materials (the “Materials”) that the City will require in order to implement the Awareness Strategy during the period commencing on the date on which Redflex begins the installation of any of the Designated Intersection Approaches and ending one (1) month after the Installation Date; 2.8. Develop the Violation Criteria and provide the Violation Criteria to Redflex; 2.9. Seek approval of the Enforcement Documentation; 2.10. On no less than a monthly basis and no later than the 15th calendar day following the end of the previous month, the City shall provide, without cost to Redflex, reports regarding the prosecution of Citations, the collection of fines, fees and other monies and available collision data, in such format as Redflex may reasonably request; 2.11. Yellow Light Timing Review: The City is responsible to ensure that the yellow or amber light phase timing at all photo enforced intersections meets minimum standards according to Federal, State, and local laws, guidelines, and/or rules; 2.12. Provide on-going adequate electrical power in order to operate the Designated Intersection Approaches; 2.13. The City will allow Redflex to use existing conduit space and existing infrastructure, including but not limited to traffic signal poles and light poles, as available; 2.14. The City shall be responsible to provide and install LED traffic signal lights (yellow and red) at all enforced locations; and 2.15. The City is responsible for all computer hardware, web browsers and high-speed Internet access necessary for the Authorized Employee to access the Redflex systems and software; 2.16. The City shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority (“Signage”), including but not limited to the applicable State statute. The City shall be responsible for installing required Signage. Page 93 of 118 EXHIBIT “C” Maintenance 1. All repair and maintenance of the Program and related equipment will be the sole responsibility of Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti-free condition. 2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of City Traffic Engineering present. 3. In the event that images of a quality suitable for the Authorized Employee to identify Violations cannot be reasonably obtained without the use of flash units, Redflex shall provide and install such flash units. 4. Redflex may assign specific personnel to provide follow up assistance to the City in the form of the HELPDESK, a designated City Service Representative and a Director of Accounts. 5. Redflex will make commercially reasonable efforts to promote the City’s successful utilization of the System, including but not limited to providing the City with user guides, online help, online training and presentations (as available). Redflex will respond to helpdesk requests for support within 8 hours of the request except where circumstances beyond its control preclude a response within that time. Redflex will use commercially-reasonable efforts to respond to all other support requests within 24 hours for requests received during the period of 8 am to 5 pm Central Standard Time, Monday through Friday. Redflex shall be responsible for receiving City reports of errors in the System, and, to the extent practicable over email or telephone, making commercially-reasonable efforts to assist the City in resolving the City’s reported problems. If the problem cannot be resolved telephonically, Redflex will use commercially-reasonable efforts to restore functionality in accordance with System specifications within 72 hours of Redflex’s receipt of the reported problem. 6. Redflex must promptly notify the City of any and all upgrades and technology modifications, including but not limited to software, hardware, camera systems, violation detection systems upon the product’s general availability (not in alpha, beta and testing phases). Should the City decide to implement any such upgrades or modifications it will be at a price and on terms mutually agreed by the Parties. 7. In the event a camera system is knocked down or suffers vandalism rendering the approach inoperative, the City will secure the camera system by removing the system from the scene and storing it in a secure location. Redflex must pay the City for the cost of a City maintenance team to secure their camera system when an after-hours callout is required. Redflex is not required to reimburse the City when a City maintenance team secures a camera system during regular business hours. 8. The City shall notify Redflex as soon as possible if any camera system is knocked down or subject to vandalism. 9. Roadway/Intersection improvement projects: City shall reimburse Redflex the costs of replacing and or modification of operational system approaches necessitated or caused by roadway or intersection improvement projects. Page 94 of 118 EXHIBIT “D” COMPENSATION & PRICING PRICING PROVISIONS AND OPTIONS: The City agrees to pay Redflex as follows: Designated Intersection Approaches The City shall pay Redflex $4,870 per Designated Intersection Approach per month. BUSINESS ASSUMPTIONS FOR ALL PRICING PROVISIONS AND OPTIONS: 1. Each year, on the anniversary date of the contract, the pricing will increase by a percentage equal to the U.S. Department of Labor CPI-U, U.S. City Average for the preceding calendar year. 2. Except for a balance remaining pursuant to the Cost Neutrality provision below, City agrees to pay Redflex within thirty (30) days after an invoice is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid 60 days from date of invoice. 3. All fees charged by third parties for processing credit cards (“Merchant Fees”) will be borne by the City and paid from the paid Citations. Online convenience fees are not considered Merchant Fees or revenue received or as payment toward the Fixed Monthly Fee to be paid by the City. Online convenience fees are the responsibility of the Violator and are passed solely onto Redflex. 4. At the City’s request, Redflex can implement a default collection process managed by a third-party collections expert with the aim of increasing violator compliance. If the Parties decide to use a third- party collections expert, they shall do so in a written amendment to this Agreement that shall provide for any corresponding changes to the terms and conditions in this Agreement. 5. Cost Neutrality 5.1. The City shall have the option to make payments to Redflex in accordance with the Cost Neutrality Payment Option. Under this option, the City may defer payment of that portion of the monthly service fee in excess of the amount collected during that month until the City has collected sufficient funds pursuant to this Agreement to pay that portion of the monthly service fee (“Deferred Monthly Service Fee”). A Deferred Monthly Service Fee shall be paid from the funds collected in the following month pursuant to this Agreement provided that sufficient funds are collected during that month to pay the Deferred Monthly Service Fee. Specifically, the funds collected each month pursuant to this Agreement shall be applied first to any unpaid Deferred Monthly Service Fees and then to that month’s service fee; provided, however, that the City shall never be required to pay in any month an amount in excess of the funds collected that month. 5.2. Redflex shall maintain an accounting of the net balance of monthly service fees and Deferred Monthly Service Fees owed to Redflex. In any event, the City will not be obligated to pay the full amount of an invoice for any given month unless there is sufficient revenue collected in that month to pay all of the amounts of the prior invoices that were deferred as well as the full amount of the current month's invoice. 5.3. Cost Neutrality will be reconciled at the end of the contract. If at the expiration or termination of this Agreement there is an outstanding balance of unpaid Deferred Monthly Service Fees, any funds collected by the City for the subsequent twelve (12) months on account of Citations issued as a result of the Program shall be applied to the outstanding balance until that balance is fully paid. 5.4. Cost neutrality is guaranteed except as follows: 5.4.1. If police or Authorized Employees fail to approve violations by the due date, in good faith and due diligence; 5.4.2. If systems are de-activated due to City requirement; 5.4.3. If collections are not reasonably pursued, unless, despite attempts by the City to encourage collections by the courts, the courts fail to pursue unpaid collections; Page 95 of 118 5.4.4. The City fails to enforce right turn violations (from automated red-light violations), in good faith and due diligence, if and when systems are configured for this purpose as mutually agreed between Redflex and the City; or 5.4.5. City directs Redflex to install a camera at a site that is not mutually agreed upon. Page 96 of 118 EXHIBIT “E” Additional Rights and Obligations Redflex and the City shall respectively have the additional rights and obligations set forth below: 1. Redflex shall assist the City in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Program. All costs related to the foregoing, including actual print and production costs, are the responsibility of the City. 2. The City shall not access the Redflex System or use the Program in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Redflex System or the Program with respect to any Intersection Approaches constructed or maintained by Redflex for such Person, or which could damage, disable, impair or overburden the Redflex System or the, and the City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Redflex System, or (iii) any materials or information not intentionally made available by Redflex to the City by means of hacking, password mining or any other method whatsoever, nor shall the City cause any other Person to do any of the foregoing. 3. The City shall maintain the confidentiality of any username, password or other process or device for accessing the Redflex System or using the Program. 4. Redflex and the City shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other Party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, Redflex and the City shall obey any and all such rules and regulations. 5. The City shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly or indirectly by the City, or any of its employees, contractors or agents. 6. The Parties shall agree on specific Business Rules governing the function and operation of the Redflex System. 6.1. Page 97 of 118 EXHIBIT “F” Insurance 1. Redflex shall procure and maintain at Redflex’s sole cost and expense the following insurance coverage in connection with the performance of work or services pursuant to this Agreement by Redflex, and each of Redflex’s subcontractors, agents, representatives and employees: – Commercial General Liability Insurance. Commercial General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage, Two Million Dollars ($2,000,000) Products-Completed Operations Aggregate and Two Million Dollars ($2,000,000) General Aggregate, such limits of coverage may be met through any combination of primary and excess liability policies; – Business Automobile Liability Insurance. Business Automobile Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) combined single limit per accident for bodily injury or property damage, including but not limited to coverage for all automobiles owned, non-owned and hired by Redflex, such limits of coverage may be met through any combination of primary and excess liability policies; – Professional Liability (Errors and Omissions) Insurance. Redflex will use its commercial best efforts to procure and maintain Professional Liability (Errors and Omissions) Insurance with coverage of not less than Two Million Dollars ($2,000,000) each and every claim and in the Aggregate; and – Workers’ Compensation and Employer’s Liability Insurance. Workers’ Compensation Insurance with coverage of not less than that required by the Labor Code of the State of Washington, and Employer’s Liability Insurance with coverage of not less than: $1,000,000 Bodily Injury by Accident – Each Accident $1,000,000 Bodily Injury by Disease – Policy Limit $1,000,000 Bodily Injury by Disease – Each Employee 2. With respect to the Commercial General Liability Insurance the following additional provisions shall apply: – The City or Cities shall be named as additional insureds with respect to the Commercial General Liability insurance; and – The Commercial General Liability insurance shall be the primary insurance with respect to the City or Cities in connection with this Agreement, and any insurance or self- insurance maintained by the City or Cities shall be in excess, and not in contribution to, such insurance; and – The Commercial General Liability insurance shall include “Separation of Insureds” wording which states that such insurance coverage shall apply separately with respect to each insured against whom claim is made or suit is brought, except with respect to the limits of insurance or any rights or duties specifically assigned to Redflex in such insurance policies. 3. With respect to the insurance described above, Redflex shall not cancel or materially reduce the coverage without providing the City thirty (30) days prior written notice by certified mail. With respect to the insurance described above, if any of the Redflex Parties are notified by any insurer that such coverage will be materially reduced or cancelled, Redflex shall provide written notice within ten (10) business days of receipt of such notice to the City or Cities and shall take all necessary actions to correct such cancellation in coverage limits, and shall provide written notice to the City or Cities of the date and nature of such correction. If Redflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement, and the City or Cities shall have the right, but not the obligation and exercisable in its/their sole discretion, to either (i) terminate this Agreement and seek damages from Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the City or Cities for such insurance. If the premium costs advanced by the City or Cities for such insurance exceed any amounts due to Redflex pursuant to Page 98 of 118 this Agreement, Redflex shall promptly remit such excess amount to the City or Cities upon receipt of written notice thereof. 4. Redflex shall provide certificates of insurance evidencing the insurance required pursuant to the terms of this Agreement, which certificates shall be executed by an authorized representative of the applicable insurer, and which certificates shall be delivered to the City prior to Redflex commencing any work pursuant to the terms of this Agreement. Page 99 of 118 AGENDA REPORT FOR: City Council September 19, 2018 TO: Dave Zabell, City Manager Workshop Meeting: 9/24/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Update on Rivershore Reconveyance Discussions I. REFERENCE(S): PowerPoint Presentation on Options COE Ownership Photos II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None at this time. Future fiscal impacts will be dependent on direction provided and decisions made at a later date. IV. HISTORY AND FACTS BRIEF: In February this year, City Council heard a presentation about possible reconveyance of federally owned Columbia River shoreline properties managed by the United States Army Corps of Engineers (COE). The presentation by proponents of reconveyance described the possibility of federal legislation that would initiate a sequence of events resulting in the transfer of ownership of all or specific parcels included in the aforementioned properties to the local governments in the Tri-cities adjacent the Columbia River. To obtain a better understanding of the duties, obligations and costs associated with reconveyance the COE was invited to address the Pasco and Richland City Councils at a joint meeting on May 21. As further public discussion ensued, the City of Kennewick and TRIDEC officials hosted a meeting in early August and the City of Pasco co-hosted a meeting with TRIDEC last week (9/20) at TRAC. A meeting has also been scheduled in Richland. Page 100 of 118 The City has retained David Stockdale, of CC&S Management Services, to assist in data collection and review of alternatives. Mr. Stockdale will present brief history and a summary of the issues regarding reconveyance, and the alternatives to consider going forward. V. DISCUSSION: Page 101 of 118 COLUMBIA RIVER SHORELINERECONVEYANCEDISCUSSION UPDATEPPREPAREDDDFORRRTHEECCCCCITYYYYYOFOFPPPPASCOBBYYYDDDDDAVEVESSSSTOCKDALECC&S MMMANAGEMENTNNTSSSSERVICESSeptember 24, 2018Page 102 of 118 GENERAL TIMELINE1948:Columbia River Flood causes extensive property damage 1952: Construction of the McNary Dam1988:Rivershore Enhancement -Tri-Cities Goal Rivershore Master Plan: “shoreline is a treasured resource” 1992:COE report identifies levees that could be lowered1996:Water Resources Development Act (WRDA) Page 103 of 118 GENERAL TIMELINE CONTINUED…2004-2008: Cities enter lease agreements with COE and complete projects to enhance public recreation.2008: Kennewick given notice that commercial activities, even temporary, must cease on COE land2010: Kennewick and others begin work on determining options to move forward with mixed use activities in Columbia Park. 2011-2018: Tri-Cities Rivershore Enhancement Council (TREC) adopts master plan including reconveyance and enhancementsPage 104 of 118 RECENT PUBLIC MEETINGS MAY 2018•Combined Pasco/Richland Meeting•Reviewed questions regarding process, costs, timelines, etc. •Any future conveyance based on legislation•New legislation to determine the responsibility for:•Operations and FEMA •Encroachments•Flood Control System •Management of Out-grants •Cultural Resource, Environmental Resource, and Tribal InteroperationsPage 105 of 118 RECENT PUBLIC MEETINGS•August 3, 2018: Kennewick Community Meeting•Presentations by TRIDEC, Newhouse’s Office, and Brad Fisher•Approximately 100 in attendance.•More than 15 people provided comments. •August 17, 2018: Walla Walla District Technical Staff Meeting with COE•Approximately 30 local and federal agency reps.•Discussed current allowances of WRDA•Discussed process and rationale of pursuing new legislationPage 106 of 118 PASCO IS CONSIDERING 5 OPTIONS*Note: Regardless of options, all federal and state regulations will berequired .Option 1: Full Reconveyance Through New LegislationOption 2: Continue Existing Lease AgreementsOption 3: Implement The 1996 Water Resources Development ActOption 4: Same as 3, With Additional Support, Including Determined Level of Resources, of Option 1Option 5: Work to Develop Variation of Any or New OptionPage 107 of 118 Option 1: Full Reconveyance as Currently Being Discussed•Full ownership and operation COE parcels•Difficult to estimate costs: •Administrative •Land Transfer •Fair Market Value for Properties Identified as Primarily Commercial Use•Pump Replacement•One-Time Purchases•Annual Maintenance•Impact to local budgets as City adopts flood control mission•Costly annual FEMA accreditation/certification•Increase in City’s responsibility/management of cultural and environmental resourcesPage 108 of 118 Option1: Full Reconveyancecontinued…•Supports efforts by TRIDEC, Kennewick, andothers.•May provide for more options for future use.•Provides political support of Kennewick’scurrentapproach.Page 109 of 118 Option 2: Continue COE Leases•Current relationships/requirements remain•Ongoing O&M relationships continue, but opportunities to amend leases or add new permitting may be available.•Each jurisdiction continues to address issues associated with their COE leased properties individually.•Retains COE as an intermediary agency between Cities/Tribes/Other AgenciesPage 110 of 118 Option 3: Implement the 1996 WRDA•Provides that selected properties may be conveyed, including abandoned parcels or easements•City pays “reasonable administrative costs” for all properties.•Properties identified for public use conveyed without cost.•“Properties “not for park and recreation purposes” conveyed at fair market value.”Page 111 of 118 Option 3: Implement the 1996 WRDA continued…•COE to continue to operate/maintain flood control drainage areas and pump stations on conveyed property and provided easements and rights necessary.•City “may reduce, at its cost, the height of any levee.” to that of the others •Supports reconveyance to local ownership, conversion to commercial or mixed use commercial activities expensive.•May restrict future use of properties should change be desired.•Only partially supports current reconveyance discussions. Page 112 of 118 Option 4: Same as 3, with support for new legislation•Continues mission-based operations.•Likely to provide for more dynamic uses of identified properties.•Ensures that Pasco’s future needs are fully considered if newlegislation adopted.•Level of support TBD•Determine City resources•Likely need Council resolutions of support/staff participationin drafting and negotiations.•Supports current efforts for full re-conveyance while movingforward on existing allowances. Page 113 of 118 Option 5: Work with Local Partners to Develop VariationNewOption•Focus concedes that reconveyance is in thebest interest of the public•Creates a unified solution-based approach•Significant resources are likely required. Page 114 of 118 OTHER THINGS TO CONSIDER•Pasco planning documents:•that include desired improvements/enhancements along shoreline properties, including current master planning efforts in North Pasco. This process, regardless of our level of support, is likely to strongly influence what level of improvements will be allowed to occur on all Pasco riverfront properties.•Regardless of Pasco direction, likely that Kennewick/partners will continue with new legislation.Page 115 of 118 _o::oouoocombmm E__w§_wW:1.«W Page 116 of 118 Park :Shoreiine Recreation/Flood Control R E D.o R D.m Uma 3 CRumuc Page 117 of 118 _o..:oo.82Ecozmmbmm w..___o..ocw awn. mw>m;_ mm:pzmmmao >.Emaom._ouz>>omo<m: Page 118 of 118