HomeMy WebLinkAbout2019.12.09 Council Special Meeting PacketSpecial Meeting
AGENDA
PASCO CITY COUNCIL
6:00 p.m.
December 9, 2019
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. OATH OF OFFICE:
(a) Judge Stilwill to administer the Oath of Office to newly re-elected
Councilmembers: Ruben Alvarado, District No. 2 and David Milne,
District No. 5 effective January 1, 2020.
(b) Judge Roach to administer the Oath of Office to newly elected
Councilmember Zahra Roach, At Large effective Janaury 1, 2020.
4. RECOGNITION OF MAYOR WATKINS (followed by a short meeting break)
5. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
4 - 13 (a) Non-Represented and Management Wage and Salary Plans
MOTION: I move to adopt Ordinance No. 4478, providing for certain
adjustments in the non-represented, non-management wage plan beginning
January 1, 2020 and, further, authorize publication by summary only.
MOTION: I move to adopt Ordinance No. 4479, providing for certain
adjustments in the management salary plan beginning January 1, 2020 and,
further, authorize publication by summary only.
14 - 32 (b) Resolution Related to Refugee Resettlement (EO 13888)
MOTION: I move to approve Resolution No. 3924, declaring an intent to
grant consent for the relocation of refugees within municipal boundaries per
United States Executive Order 13888.
33 - 54 (c) *Amendment to Purchase and Sale Agreement - Columbia Basin
College Student Housing
MOTION: I move to approve Resolution No. 3925, authorizing
Amendment No. 1 to the Purchase and Sale Agreement between the City of
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Special Meeting December 9, 2019
Pasco and CBC Student Housing, LLC, and further, to authorize the City
Manager to execute said amendment.
55 - 76 (d) Project Acceptance - Multiple Public Works Projects
MOTION: I move to approve Resolution No. 3926, accepting work
performed by Apollo, Inc. under contract for the Columbia Water Supply
Project.
MOTION: I move to approve Resolution No. 3927, accepting work
performed by Culbert Construction, Inc. under contract for the Oregon
Avenue (SR395) Phase 1 Project.
MOTION: I move to approve Resolution No. 3928, accepting work
performed by Culbert Construction, Inc. under contract for the Harris Road
Sewer Transmission Main Project.
MOTION: I move to approve Resolution No. 3929, accepting work
performed by Townsend Controls & Electric LLC, under contract for the
Butterfield WTP PLC & Controls Upgrades Project.
MOTION: I move to approve Resolution No. 3930, accepting work
performed by Goodman & Mehlenbacher Ent., Inc. under contract for the
Waterline Extension – Schuman Lane Project.
MOTION: I move to approve Resolution No. 3931, accepting work
performed by Central Washington Asphalt under contract for the 20th
Avenue Overlay Project.
6. NEW BUSINESS:
77 - 80 (a) Request to Invite Governor of Colima to Participate in 2020 Cinco de
Mayo Festival
MOTION: I move to authorize the Mayor to execute the 2020 Pasco Cinco
de Mayo Festival invitation letter to the Governor of Colima.
81 - 84 (b) Basin Disposal Inc. - Amendment to 2020 Rates
MOTION: I move to confirm the solid waste disposal rates for 2020 as
presented by BDI.
7. ADJOURNMENT.
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Special Meeting December 9, 2019
(RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
REMINDERS:
This meeting is broadcast live on PSC-TV Channel 191 on Spectrum/Charter Cable in
Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria
Municipal dos días antes para garantizar la disponibilidad. (Spanish language
interpreter service may be provided upon request. Please provide two business day's
notice to the City Clerk to ensure availability.)
Page 3 of 84
AGENDA REPORT
FOR: City Council December 4, 2019
TO: Dave Zabell, City Manager Special Meeting: 12/9/19
FROM: Dave Zabell, City Manager
Executive
SUBJECT: Non-Represented and Management Wage and Salary Plans
I. REFERENCE(S):
Proposed Ordinance - Non-Represented, Non-Management
Proposed Ordinance - Management
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____, providing for certain adjustments in
the non-represented, non-management wage plan beginning January 1, 2020 and,
further, authorize publication by summary only.
MOTION: I move to adopt Ordinance No. ____, providing for certain adjustments in
the authorize further, and, 2020 1, plan beginning salary management January
publication by summary only.
III. FISCAL IMPACT:
Estimated cost of $245,000 over a total of 124 budgeted employees for 2020 and is
accommodated in the adopted budget.
IV. HISTORY AND FACTS BRIEF:
The City utilizes “comparable” cities when negotiating union contracts for police and
fire employees. To maintain competitiveness, lessen wage compression and maintain
rough parity throughout the organization, similar comparable cities are used in
evaluating the salary and total compensation plans of other City work groups (public
works/facilities, non-represented, non-management and management positions).
The current list of comparable agencies reflect cities outside the Puget Sound area,
within approximately 50% of Pasco’s population and within approximately 20% of the
City's general tax base measurement (annual property tax, sales tax and utility tax
Page 4 of 84
revenues). As the City grows in population, complexity and economic output, the list
of comparable cities evolve; some long-time comps have grown with Pasco, we have
caught up to cities that were not previously comparable, and others that once were are
no longer comparable.
Organized bargaining units (police, fire and public works/facilities) negotiate specific
Cost Of Living Allowance (COLA) and market adjustments in bargaining contracts
every two to three years. The City's Non-represented and management employees do
not operate under a collective bargaining agreement and instead adjustments to
compensation are accomplished through Council action in the form of an ordinance,
typically following the budget process.
A COLA serves to maintain competitiveness in the face of inflation, while a market
adjustment is used to calibrate classifications that require movement up or down the
salary schedule for purposes of internal and external equity. There are other aspects of
compensation beyond salary, such as health benefits, vacation accrual, work schedules,
etc. that impact workforce retention and the recruitment quality candidates.
Any employer, public or private, failing to consider market conditions or inflationary
impacts on salaries, over time, will see their competitiveness as employer erode, which
in turn impacts their ability to recruitment quality candidates and retention quality staff.
Further, such inaction can cause wage compression, result in an imbalance between
positions requiring similar skills and having comparable responsibilities and halve a
deleterious impact on morale and productivity. All of which leads to an unstable
workforce as people leave for better conditions, which adversely impacts an employer's
ability to provide services.
V. DISCUSSION:
For the reasons outlined above it is recommended then that when economic conditions
permit, COLA and market adjustments be made to assure the competitiveness of the
non-union and management salary scales. In this regard, Council has made good
incremental progress over the past few years, and this proposal essentially completes a
multi-year process of bringing all non-represented and management classifications into
internal parity with one another and roughly competitive with our peer agencies.
The City utilizes the Pacific Cities and U.S. City Average CPI-W index as it more
accurately approximates local economic conditions than do CPI indexes linked to
major metropolitan areas such as Seattle or Portland. Using this index the reported
annual rate of inflation for June 2018 to June 2019 is 2.6%.
Proposed Non-Represented Salary Scale(s) - Reflects the recommended COLA of
2.6%. Market adjustments and internal parity for classifications not recently evaluated
were achieved through movement within the salary scale. Additionally, the number of
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steps is proposed to decrease from 12 to 7. The current schedule, while generally
competitive at the maximum, is uniformly inadequate at the entry level steps. The
change to seven steps allows for far more competitive starting salaries, and a quicker
progression to the journey level steps. The market adjustments accomplished through
movement of classifications within the salary scale serve only to increase the
maximum range for the impacted classification(s) and not the individual salary of the
incumbent(s), which is an entirely separate process related to documented performance
and time in grade and step. Council will note the non-represented scale is broken out
into two schedules; FLSA exempt and non-exempt, the grade salary ranges are the
same.
Proposed Management Salary Scale - The City previously adopted a scale which
reflects only for the maximum salary for each position, allowing for considerable
flexibility for these relatively few management positions. The proposed scale reflects
the recommended COLA of 2.6%, as well as several market adjustments, which are in
most cases minor. The market related adjustments proposed serve only to increase the
maximum range for impacted classification(s) for the purposes of competitiveness and
not the individual salary of the incumbent(s), which is an entirely separate process
related to documented performance.
The cumulative cost of the recommended increase (2.6% COLA, plus market
adjustments) for the non-management and management groups wage scale is estimated
to be on the order of $245,000 for 2020, a considerable lesser adjustment than in 2019.
Staff recommends adoption of the non-represented and management salary plans as
presented.
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ORDINANCE NO. 4478
AN ORDINANCE CONCERNING WAGES FOR CERTAIN NON-
MANAGEMENT, NON-REPRESENTED PERSONNEL BEGINNING
JANUARY 1, 2020.
WHEREAS, after due consideration of the cost of living index and wage rates paid by
comparable cities, and the history of wage adjustments for the City’s bargaining units, the City
Manager has recommended a 2.6% cost of living adjustment in the non-management wage plan;
and
WHEREAS, the City Council also finds that the proposed cost of living adjustment is
appropriate in consideration of the Department of Labor’s Consumer Price Index and
comparability within the City and with other jurisdictions; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. The wage scale for those non-management positions is specified in Exhibit A
attached hereto, which is incorporated by reference as if fully set forth herein. The City Manager
shall designate the appropriate hourly wage step in Exhibit A for each employee covered by this
Ordinance, considering the employee’s time in the position, the current hourly wage, and the
evaluation of the employee’s performance.
Section 2. The step increases set forth in Exhibit A are dependent upon a satisfactory
performance evaluation. If the performance evaluation of an employee demonstrates superior
performance and upon recommendation of the Department Director, the City Manager has the
discretion to advance an employee an additional pay step over that step otherwise obtainable by a
satisfactory performance evaluation.
Section 3. The wage scale set forth in Exhibit A shall be effective January 1, 2020 and
remain in effect until this Ordinance is amended or superseded by a subsequent Ordinance.
Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting
provision of a prior Ordinance.
Section 5. This ordinance shall take effect five (5) days after approval, passage and
publication as required by law.
Page 7 of 84
PASSED by the City Council of the City of Pasco, this 9th day of December, 2020.
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 8 of 84
ADMINISTRATIVE/PROFESSIONAL WAGE SCALE (Non‐Represented/Non‐Exempt) ‐ 2020
Effective 01.01.2020 ‐ 2.6% COLA
Position Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Department Assistant 1 20 18.37 18.94 19.53 20.13 20.76 21.40 22.06
Administrative Assistant 1
Cemetery Customer Service Rep.26 20.69 21.33 21.99 22.67 23.37 24.10 24.84
Probation Services Clerk 27 21.11 21.76 22.43 23.13 23.84 24.58 25.34
Department Assistant 2
Deputy Court Clerk 28 21.53 22.19 22.88 23.59 24.32 25.07 25.84
Accounting Clerk
Engineering Technician 1
Permit Technician
IS Technician: GIS
Lead Court Clerk
33 23.77 24.51 25.26 26.04 26.85 27.68 28.53
Administrative Assistant 2 37 25.73 26.52 27.34 28.19 29.06 29.96 30.89
Court Services Specialist
Registered Nurse 39 26.77 27.60 28.45 29.33 30.24 31.17 32.13
Engineering Technician 2
Code Enforcement Officer 40 27.30 28.15 29.02 29.92 30.84 31.79 32.78
Court Probation Officer
Database Specialist
Network Specialist
Payroll Specialist
PC Specialist
Deputy City Clerk
Planner 1
Recreation Specialist
41 27.85 28.71 29.60 30.51 31.46 32.43 33.43
HR Specialist
Lead Recreation Specialist 42 28.41 29.28 30.19 31.12 32.09 33.08 34.10
Executive Administrative Assistant
Procurement Specialist
Project Support Specialist
43 28.97 29.87 30.79 31.75 32.73 33.74 34.78
Building Inspector
Construction Inspector 45 30.15 31.08 32.04 33.03 34.05 35.10 36.19
Associate Planner
Engineering Tech 3
Plans Examiner
49 32.63 33.64 34.68 35.75 36.86 38.00 39.17
Block Grant Administrator
Environmental Compliance Coordinator 53 35.32 36.41 37.54 38.70 39.90 41.13 42.40
Instrumentation Technician
Associate Engineer 54 36.03 37.14 38.29 39.47 40.69 41.95 43.25
Page 9 of 84
ADMINISTRATIVE/PROFESSIONAL WAGE SCALE (Non‐Represented/Exempt) ‐ 2020
Effective 01.01.2020 ‐ 2.6% COLA
Position Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Staff Accountant
Policy Analyst 49 32.63 33.64 34.68 35.75 36.86 38.00 39.17
Safety/Risk Program Administrator 53 35.32 36.41 37.54 38.70 39.90 41.13 42.40
Communication Manager 54 36.03 37.14 38.29 39.47 40.69 41.95 43.25
Senior Planner
IS Administrators (Database, GIS,
Network & System)
56 37.48 38.64 39.84 41.07 42.34 43.65 45.00
Lead Accountant 59 39.78 41.01 42.27 43.58 44.93 46.32 47.75
Civil Engineer 61 41.38 42.66 43.98 45.34 46.74 48.19 49.68
Senior Civil Engineer 65 44.79 46.18 47.61 49.08 50.60 52.16 53.77
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ORDINANCE NO. 4479
AN ORDINANCE CONCERNING THE SALARIES FOR MANAGEMENT
POSITIONS FOR THE CALENDAR YEAR 2020.
WHEREAS, after due consideration of the cost of living index and wage rates paid by
comparable cities, and the history of wage adjustments for the City’s bargaining units, the City
Manager has recommended a 2.6% cost of living adjustment in the management wage plan; and
WHEREAS, the City Council also finds that the proposed cost of living adjustment is
appropriate in consideration of the Department of Labor’s Consumer Price Index and
comparability within the City and with other jurisdictions; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. The maximum monthly salaries for management positions shall be as set for in
Exhibit A attached hereto, which is incorporated by reference as if fully set forth herein. The
schedule of maximum salaries set forth in Exhibit A shall be effective January 1, 2020 and shall
remain effective until this Ordinance is amended or superseded by subsequent Ordinance. The
actual salary to be received by an employee occupying a management position shall be determined
by the City Manager in an amount no greater than the maximum for the position except as
authorized herein.
Section 2. A merit increase may be granted to a City employee (with the exception of the
City Manager) employed in one of the management level positions set forth in Exhibit A at the
sole discretion of the City Manager and within the following guidelines; provided, however, the
total of all merit increase herein authorized for the year 2020 does not exceed $65,000.
(a) Any merit increase shall be based solely upon job performance demonstrating effort
and achievement above and beyond that regularly expected of the position.
(b) Any merit increase awarded shall be for a temporary period of time to be determined
by the City Manager, provided any such merit increase shall expire not later than December 31,
2020.
Section 3. For payroll purposes only, the monthly salaries as set forth in Exhibit A may
be multiplied by twelve (12) and divided by two thousand eighty (2,080) (number of hours in work
year) to determine an hourly rate of pay and paychecks may be computed and paid on this hourly
basis; however, all positions listed on Exhibit A shall remain salaried positions.
Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting
provision of a prior Ordinance.
Section 5. This ordinance shall take effect five (5) days after approval, passage and
publication as required by law.
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PASSED by the City Council of the City of Pasco, this 9th day of December, 2019.
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 12 of 84
Position Maximum Salary
City Manager CONTRACT
Deputy City Manager 14,150
Police Chief
Fire Chief
Public Works Director
Finance Director
C&ED Director
A&CS Director
Deputy Fire Chief
Deputy Police Chief
City Engineer
Deputy C&ED Director
Public Works Superintendent
Human Resources Director
Police Captain
CIP Manager
IS Manager
Facilities Manager 9,500
Inspection Services Manager
Construction Manager
Public Works Division Manager
Court Administrator
Customer Service Manager
Recreation Services Manager
Senior Management Analyst
City Clerk 7,800
8,800
8,200
11,700
10,900
10,450
Management Salary Scale - 2020
(Monthly Maximum)
Effective 01.01.2020 (2.6% COLA and market adjustments)
13,200
12,400
Exhibit A
Page 13 of 84
AGENDA REPORT
FOR: City Council December 4, 2019
TO: Dave Zabell, City Manager Special Meeting: 12/9/19
FROM: Dave Zabell, City Manager
Executive
SUBJECT: Resolution Related to Refugee Resettlement (EO 13888)
I. REFERENCE(S):
Exhibit A - Executive Order 13888
Exhibit B - Department of Social and Health Services Letter
Exhibit C - Signed Gov. Inslee Consent Letter
Exhibit D - DSHS FAQ
Exhibit E - Resolution - Refugee Resettlement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _________, declaring an intent to grant
consent for the relocation of refugees within municipal boundaries per United States
Executive Order 13888.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
This is an unusual circumstance where a longstanding federal program, coordinated
through the states, has been modified by a Presidential Executive Order requiring
consideration and action of the City Council in order for that program to continue
within the community.
The U.S. Office of Refugee Resettlement (ORR) has historically been tasked to make
geographical resettlement determinations for the resettlement of refugees. In doing so,
the ORR has had the option to consult with and take into account the recommendations
of the state and local governments when deciding where to settle refugees; however,
states and localities were not authorized to determine the placement of refugees.
Page 14 of 84
On Sept. 26, 2019, President Trump issued Executive Order (EO) 13888 (Exhibit A),
entitled Enhancing State and Local Involvement in Refugee Resettlement. The EO
pertains to the “resettlement refugees into American communities” and establishes a
federal policy requiring the United States government to cooperate and consult with
State and local governments on the matter of resettlement. The stated intent of the EO
is to:
• Provide for close cooperation with State and local governments to ensure that
refugees are resettled in communities that are eager and equipped to support
their successful integration into American society and the labor force.
• That the Federal Government consult with State and local governments not only
to identify the best environments for refugees, but also to be respectful of those
communities that may not be able to accommodate refugee resettlement.
• Limit the Federal Government to resettlement of refugees only in those
jurisdictions in which both the State and local governments have consented to
receive refugees under the Department of State’s Reception and Placement
Program (Program).
• adevelop Services Human and to of Secretary the Requires Health nd
implement a process to determine whether the State and locality both consent,
in writing, to the resettlement of refugees within the State and locality, before
refugees are resettled within that State and locality under the Program.
The Washington State Department of Social and Health Services Office of Refugee &
Immigrant resettlement refugee with and coordinates the with Assistance ORR
agencies in the State to facilitate the relocation refugees into the State and to coordinate
services intended to facilitate those refugees being relocated through the program.
The City was recently contacted by letter (Exhibit B) and email from DSHS alerting
the City to the new requirements stemming from the EO and to offer assistance in
responding.
At the State level, Governor Inslee has signed the consent form on behalf of the State
of Washington (Exhibit C). Further, the State, through DSHS, is undertaking an effort
to ensure that all localities that have "participated" in initial refugee resettlement in the
past can remain eligible to continue that participation in the future. Because of the
timelines provided for the EO, to avoid a gap in eligibility in the program, the Council
would need to act prior to December 20, 2019.
In an effort to inform the Council and public, staff contacted DSHS staff, requested
additional information about the program and experience within the region. Council
received an overview of the program from Sarah Peterson, Washington State Refugee
Page 15 of 84
Coordinator at the November 25 Workshop meeting.
V. DISCUSSION:
Based on the information received, Council directed staff to prepare a resolution
declaring Council's consent to the relocation of refugees within Pasco municipal
boundaries; provided adequate support systems exist to assure the success of program
participants, local resources would not need to be allocated to the accommodate
program impacts and the Council is provided an annual update on program activities.
The proposed resolution is attached as Exhibit E. Staff recommends Council approve
the attached resolution to avoid a gap in eligibility of the program.
Page 16 of 84
£xir\§\dr\-A
Federal Register/Vol.84,No,190/Tuesday,October 1,2019/Presidential Documents 52355
Presidential Documents
Executive Order 13888 of September 26,2019
Enhancing State and Local Involvement in Refugee Resettle-
ment
By the authority vested in me as President by the Constitution and the
laws of the United States of America,it is hereby ordered as follows:
Section 1.Purpose.In resettling refugees into American communities,it
is the policy of the United States to cooperate and consult with State
and local governments,to take into account the preferences of State govern~
ments,and to provide a pathway for refugees to become self-sufficient.
These policies support each other.Close cooperation with State and local
governments ensures that refugees are resettled in communities that are
eager and equipped to support their successful integration into American
society and the labor force.
The Federal Government consults with State and local governments not
only to identify the best environments for refugees,but also to be respectful
of those communities that may not be able to accommodate refugee resettle-
ment.State and local governments are best positioned to know the resources
and capacities they may or may not have available to devote to sustainable
resettlement,which maximizes the likelihood refugees placed in the area
will become self-sufficient and free from long-term dependence on public
assistance.Some States and localities,however,have viewed existing con-
sultation as insufficient,and there is a need for closer coordination and
a more clearly defined role for State and local governments in the refugee
resettlement process.My Administration seeks to enhance these consulta-
tions.
Section 6(d)of Executive Order 13780 of March 6,2017 (Protecting the
Nation from Foreign Terrorist Entry into the United States],directed the
Secretary of State to determine the extent to which,consistent with applicable
law,State and local jurisdictions could have greater involvement in the
process of determining the placement or resettlement of refugees in their
jurisdictions,and to devise a proposal to promote such involvement.
I have consulted with the Secretary of State and determined that,with
limited exceptions,the Federal Government,as an exercise of its broad
discretion concerning refugee placement accorded to it by the Constitution
and the Immigration and Nationality Act,should resettle refugees only in
those jurisdictions in which both the State and local governments have
consented to receive refugees under the Department of State’s Reception
and Placement Program (Program).
Sec.2.Consent of States and Localities to the Placement of Refugees.(a)
Within 90 days of the date of this order,the Secretary of State and the
Secretary of Health and Human Services shall develop and implement a
process to determine whether the State and locality both consent,in writing,
to the resettlement of refugees within the State and locality,before refugees
are resettled within that State and locality under the Program.The Secretary
of State shall publicly release any written consents of States and localities
to resettlement of refugees,
(b)Within 90 days of the date of this order,the Secretary of State and
the Secretary of Health and Human Services shall develop and implement
a process by which,consistent with 8 U.S.C.1522(a](2](D),the State and
the locality’s consent to the resettlement of refugees under the Program
Page 17 of 84
52356 Federal Register/Vol.84,No,190/Tuesday,October 1,2019/Presidential Documents
[FR Doc.201941505
Filed 9-30-19;11:15 am}
Billing code az9s—Fo—1>
is taken into account to the maximum extent consistent with law.In par-
ticular,that process shall provide that,if either a State or locality has
not provided consent to receive refugees under the Program,then refugees
should not be resettled within that State or locality unless the Secretary
of State concludes,following consultation with the Secretary of Health and
Human Services and the Secretary of Homeland Security,that failing to
resettle refugees within that State or locality would be inconsistent with
the policies and strategies established under 8 USC.15Z2(a)[2](B)and (C)
or other applicable law.If the Secretary of State intends to provide for
the resettlement of refugees in a State or locality that has not provided
consent,then the Secretary shall notify the President of such decision,
along with the reasons for the decision,before proceeding.
(c)Subsection (b)of this section shall not apply to the resettlement of
a refugee‘s spouse or child following to join that refugee pursuant to 8
U.S.C.1157(c](2](A).
Sec.3.General Provisions.[a]Nothing in this order shall be construed
to impair or otherwise affect:
(i)the authority granted by law to an executive department or agency,
or the head thereof;or
(ii)the functions of the Director of the Office of Management and Budget
relating to budgetary,administrative,or legislative proposals.
(b)This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c)This order is not intended to,and does not,create any right or benefit,
substantive or procedural,enforceable at law or in equity by any party
against the United States,its departments,agencies,or entities,its officers,
employees,or agents,or any other person.
THE WHITE HOUSE,
September 26,2019.
Page 18 of 84
RSTATE OF WASHINGTON
DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Economic Services Administration
Office of Refugee and Immigrant Assistance
1700 East Cherry Street
Seattle, Washington 98122-466
November 12, 2019
Mayor Matt Watkins
525 N 3rd Avenue
Pasco, WA 99301
Email: watkinscouncil@pasco‐wa.gov
Re: Local Consent for Refugee Resettlement and Executive Order 13888
Dear Mayor Matt Watkins:
I am the Washington State Refugee Coordinator and I oversee the Washington Office of Refugee &
Immigrant Assistance at the Washington State Department of Social and Health Services. My role is to
collaborate with refugee resettlement agencies in Washington and to coordinate services by investing
resources into local communities. In fact, last year the Office of Refugee & Immigrant Assistance
granted $28 million to 60 different organizations across the state to provide a broad array of services
that help people to get living wage jobs, learn English, and eventually to become U.S. citizens. In this
capacity, I consult regularly with the broad network of elected officials, public servants, community and
faith leaders, businesses, and non‐profit organizations throughout Washington State who welcome
refugees and assist in their resettlement and integration into our communities.
Welcoming refugees is an important part of who we are and what we do in Washington State, and we
are stronger because of the value and vitality refugees bring as part of our communities and economies.
I am grateful for your past participation in our state’s critical work of refugee resettlement.
I write to you now to offer information and assistance in complying with Executive Order 13888, issued
by the federal government on September 26, 2019. The Executive Order sets new procedures that the
federal government, states, and localities must follow regarding resettlement of refugees who have
legally been admitted to the United States by the federal government. One provision of the order adds a
consent requirement upon states and localities as a condition precedent to receiving new refugees
beginning in January of 2020.
Governor Inslee has signed the consent form on behalf of the State of Washington.
Now Local Government Executives must also sign consent forms in order to be eligible to participate
in refugee resettlement in the future.
Exhibit B
Page 19 of 84
Page 2 of 5
As the Washington State Refugee Coordinator, my goal is to ensure that all localities that have
participated in initial refugee resettlement in the past can and will be eligible to continue that
participation in the future.
This is the right thing to do – for our communities, economies, and the individuals who have been
granted legal refugee status by the federal government – and is consistent with the principles set forth
in the Washington Law Against Discrimination, RCW 49.60.030(1) and 49.60.222, that prohibit
discrimination on the basis of race, ethnicity, religion, or national origin.
Attached is a template consent letter that I ask you fill out and return to me. I am helping to coordinate
the submission of all responses for the State and its localities to the U.S. Department of State and to the
eight non‐profit refugee resettlement agencies located in communities across the state that will seek
and coordinate the funding from the U.S. Department of State. Early submission of these consent letters
will be one indicator of the cooperation and coordination that exists in Washington State that makes
resettlement so successful in our communities.
Because I have the duty to organize this process, I ask that you please take action as soon as possible to
meet the internal deadline we have set for compliance. In addition, because we will all be coordinating
with the refugee resettlement agencies to prepare for and welcome new refugees in many other ways,
as well, and I am attaching a list of these organizations for your information and because they may also
be reaching out to you to provide additional information.
Please submit your consent letter to me at petersk@dshs.wa.gov on or before December 20, 2019.
I am happy to provide any support or answer any questions you may have about this process.
Sincerely yours,
Sarah Peterson
Washington State Refugee Coordinator
Page 20 of 84
Page 3 of 5
Sample consent language
[EXECUTIVE LETTERHEAD]
Secretary Michael R. Pompeo
U.S. Department of State
2201 C Street NW
Washington DC, 20520
[DATE]
Dear Secretary Pompeo:
This letter is in reference to Executive Order 13888, “On Enhancing State and Local
Involvement in Resettlement.”
As [Governor/Mayor/Other Official] of [state/county/city], I consent to initial refugee resettlement
in [state/county/city] as per the terms of the Executive Order.
Sincerely,
[NAME]
[POSITION]
CC:
Principal Deputy Assistant Secretary Carol T. O'Connell
Bureau of Population, Refugees, and Migration
U.S. Department of State
Sarah Peterson, Washington State Refugee Coordinator
Page 21 of 84
Page 4 of 5
Washington State Refugee Resettlement Agencies
Refugee Resettlement Agency Contact Information
Diocese of Olympia
1551 10th Ave E
Seattle WA 98102
National Affiliate:
Episcopal Migration Ministries (EMM)
Website: http://www.ecww.org
Contact: Greg Hope
Phone: (206) 323-3152
Email: greghope@earthlink.com
International Rescue Committee (IRC)
1200 S 192nd Street
SeaTac, WA 98148
Website: www.rescue.org/us-program/us-seattle-wa
Contact: Nicky Smith
Phone: (206) 623-2105
Email: nicky.smith@rescue.org
Jewish Family Services
841 Central Ave N, Suite 220
Kent, WA 98032
*National Affiliate:
Hebrew Immigrant Aid Society (HIAS)
Website: http://www.jfsseattle.org
Contact: Cordelia Revells
Phone: (253) 850-4065
Email: crevells@jfsseattle.org
Lutheran Community Services Northwest
223 N Yakima Avenue
Tacoma, WA 98403
*National Affiliate:
Lutheran Immigration and Refugee Services (LIRS)
Website: www.lcsnw.org
Contact: Mouammar Abouagila
Phone: (253) 503-3437
Email: mabouagila@lcsnw.org
Lutheran Community Services Northwest
3600 Main Street, Suite 200
Vancouver, WA 98663
*National Affiliate:
Lutheran Immigration and Refugee Services (LIRS)
Website: www.lcsnw.org
Contact: Salah Ansary
Phone: (360) 694-5624
Email: sansaray@lcsnw.org
World Relief
841 Central Avenue N, Suite C-106
Kent, WA 98032
Website: http://worldreliefseattle.org
Contact: Chitra Hanstad
Phone: (253) 277-1121
Email: chanstad@wr.org
World Relief
1522 N Washington St #204
Spokane, WA 99201
Website: www.worldreliefspokane.org
Contact: Mark Finney
Phone: (509) 232-2814
Email: mfinney@wr.org
World Relief
123 W 1st Avenue
Kennewick, WA 99336
Website: http://worldrelieftricities.org
Contact: Kenneth Primus
Phone: 509 734-5477 ext. 100
Email: KPrimus@wr.org
Page 22 of 84
Page 5 of 5
Washington Unaccompanied Refugee Minor Programs
Refugee Resettlement Agency Contact Information
Catholic Community Services of Western Washington
1323 S. Yakima Avenue
Tacoma, WA 98405
National Affiliate:
US Conference of Catholic Bishops (USCCB)
Website: https://ccsww.org
Contact: Dorothy McCabe
Phone: 253 502-2663
Email: dorothym@ccsww.org
Lutheran Community Services Northwest
Refugees Northwest
115 NE 100th St., Suite 200
Seattle, WA 98125
*National Affiliate:
Lutheran Immigration and Refugee Services (LIRS)
Website: www.lcsnw.org
Contact Karen Danz
Phone: 206 694-5707
Email: kdanz@lcsnw.org
Lutheran Community Services Northwest
210 W Sprague Ave,
Spokane, WA 99201
*National Affiliate:
Lutheran Immigration and Refugee Services (LIRS)
Website: www.lcsnw.org
Contact: Shelly Hahn
Phone: 509 343-5050
Email: shahn@lcsnw.org
Page 23 of 84
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Page 25 of 84
Office of Refugee & Immigrant Assistance
Economic Services Administration | Community Services Division
Frequently Asked Questions on the U.S. Refugee Resettlement Program
Contact: Sarah Peterson, Washington State Refugee Coordinator, 206-568-5568
Nov. 21, 2019
The Washington State Department of Social and Health Services’ Economic Services Administration’s Office of
Refugee and Immigrant Assistance helps to coordinate refugee resettlement across the state, and provides
programs and services in communities to assist people who are refugees and immigrants in achieving economic
stability and integrating into our communities. Washington has a long legacy of welcoming refugees. Since 1975,
more than 150,000 refugees have resettled in communities across the state.
On Sept. 26, 2019, the federal government issued Executive Order 13888, setting new procedures that states
and local governments must follow regarding refugee resettlement. ORIA has received a number of inquiries
related to that proposed process and to refugee resettlement in our local communities. This document provides
information on the federal refugee resettlement programs and the support provided to refugees arriving in
Washington state.
Who are refugees? What qualifications are required of refugees participating in the U.S. Refugee
Resettlement Program?
Under Section 101 (a)(42) of the Immigration and Nationality Act (INA), a refugee is any person who is outside
their home country and who is unable or unwilling to return to that country because of persecution or a well-
founded fear of persecution on account of race, religion, nationality, membership in a particular social group or
political opinion.
Individuals seeking admission into the United States as a refugee under Section 207 of the INA are processed
through the U.S. Refugee Admissions Program (USRAP). The United States receives referrals to the USRAP
through the United Nations High Commission on Refugees (UNHCR). Each year the President of the United
States determines the number of refugees permitted to resettle in the United States and the priority
participants dependent on three different priority categories. These priorities include (1) referrals from UNHCR,
the U.S. embassy or specially trained non-government organization, (2) groups identified for special concern and
(3)family reunification cases (family members in the U.S. submits an Affidavit of Relationship on behalf of a
qualified family member overseas).
What is involved in the U.S. Refugee Admissions Program?
The U.S. Refugee Admissions Program (USRAP) is an interagency effort involving a number of governmental and
nongovernmental partners overseas and in the United States. USRAP is the process by which people overseas
are identified and screened for resettlement in the United States. The Department of State/Population,
Exhibit D
Page 26 of 84
Office of Refugee & Immigrant Assistance
Economic Services Administration | Community Services Division
Refugees and Migration (PRM) has overall USRAP management responsibility overseas and has lead in proposing
admissions ceilings and processing priorities. Under cooperative agreements with the Department of State
(DOS), Resettlement Support Centers consist of international organizations or non-governmental organizations
that carry out administrative and processing functions, such as file preparation and storage, data collection and
out-processing activities. Once the application process is complete, the Department of Homeland Security (DHS),
U.S. Citizenship and Immigration Services (USCIS) has responsibility for adjudicating applications for refugee
status and reviewing case decisions. The International Organization for Migration arranges for travel to the
United States, and the DHS U.S. Customs and Border Protection screens refugees as they arrive for admission
into the country. A flow chart from USCIS that demonstrates the USRAP is linked in the Sources Cited section of
this document on page 5.
What level of background screening is conducted to assure identity and lack of criminal background?
The screening of refugee applicants for the USRAP involves numerous biographic checks reviewed and resolved
by U.S. government agencies. These screenings include the DOS Consular Lookout and Support System, Security
Advisory Opinion, Interagency Check with the National Counterterrorism Center, FBI fingerprint check with Next
Generation Identification, DHS Automated Biometric Identification System and DOD Defense Forensics and
Biometrics Agency’s Automated Biometric Identification System. In addition, highly trained USCIS officers
conduct extensive in-person, overseas interviews with all refugee applicants. USCIS will also conduct screening
through the Controlled Application Review and Resolution Process and enhanced screening that involves a
review of classified and unclassified research and screening data against publicly available social media. U.S.
Customs and Border Protection conducts additional background checks of individuals upon arrival at the U.S.
port of entry. In recent years, federal agencies involved in USRAP conducted a joint review of the security
vetting. As a result, USRAP has implemented a number of measures to strengthen its security and integrity.
These new vetting procedures close security gaps and take a more risk-based approach to refugee admissions.
For more information, please refer to the USCIS Refugee Processing and Security Screening. Additional resources
are listed on the Sources Cited on page 5.
Where are refugees resettled? How is it determined which participants will be located in which communities?
Representatives from the national refugee resettlement agencies meet frequently to review the biographic
information and other case records from the Department of State seeking to determine which local
resettlement agency will sponsor the refugee family and place them in a local community. Many refugees have
family or close friends already in the United States, and refugee resettlement agencies make every effort to
reunite them. Other factors taken under consideration include the case size and availability of affordable
housing, community resources, language capacity of the agency, local ethnic and religious communities and
expertise resettling specific populations.
Washington state is home to eight refugee resettlement agencies that have a long history of resettling refugees.
The agencies resettle refugees in Benton-Franklin, Clark, King, Pierce, Snohomish, Spokane and other counties.
In addition, three agencies in Clark, King, Pierce and Spokane counties resettle Unaccompanied Refugee Minors.
Page 27 of 84
Office of Refugee & Immigrant Assistance
Economic Services Administration | Community Services Division
In recent years, 75-90% of refugees resettled in Washington state have a family member living in a local
community.
How does the agency gauge the capacity in terms of numbers for a host community?
Every year the local refugee resettlement agencies in Washington are required to consult the Washington State
Refugee Coordinator who oversees Washington’s Office of Refugee and Immigrant Assistance. The consultation
process requires an approval to resettle a target number of refugees in their local community. Capacity is
determined by the ability of the resettlement agency to provide or connect individuals and families to needed
programs and services, affordable housing and employment opportunities. In addition, resettlement agencies
are required to host quarterly consultations with local community representatives, including health care
providers, school district representatives, volunteers and elected officials. This is an opportunity to hear from
the community about the capacity to welcome new arrivals.
What happens after a refugee arrives in the United States?
Once a refugee arrives in the United States, they first participate in the U.S. Reception and Placement Program
(R&P). This is conducted through a cooperative agreement between PRM and nine national Refugee
Resettlement Agencies (RRAs). These nine agencies subcontract with local affiliates across the country to
provide initial services to arriving individuals and families. R&P offers a one-time stipend per refugee to finance
the first three months in the United States. This stipend is administered by the RRA and covers the cost of
housing, household goods, food and other expenses. The individual or family is met at the airport by the RRA
and with an appropriate interpreter. RRAs provide arriving refugees with a hot meal that reflects the individual
or family’s culture. For the next 30 to 90 days, the local RRA helps the individual or family to apply for a Social
Security card, register children for school, arrange medical appointments and connect with the necessary social
and language services. Refugees are eligible for public assistance when they first arrive. They receive
employment authorization upon arrival and are connected to employment services and English language classes
within the first 30 days after arrival.
What is the level of oversight and support provided program participants by your office and for how long?
After the R&P program, the federal Office of Refugee Resettlement provides resources to states to invest in
ongoing support and services. The Washington Office of Refugee and Immigrant Assistance braids this funding
with other federal and state dollars to provide services in four core areas: Refugee Health and Wellness,
Employment and Training, Immigration Assistance and Naturalization Services, and Whole Family Services. ORIA
invests approximately $28 million annually into more than 60 different providers statewide. Providers include
local community-based organizations, refugee resettlement agencies, others state agencies and colleges. The
majority of programs and services (see the table below) are available to refugees for up to five years after their
arrival in the United States. Some programs, including naturalization services, are available to individuals and
families beyond the five-year time period.
Page 28 of 84
Office of Refugee & Immigrant Assistance
Economic Services Administration | Community Services Division
The Department of State and the national refugee resettlement agencies conduct regular program monitoring
and consultations with the local refugee resettlement agencies as well as the State Refugee Coordinator and
State Refugee Health Coordinator to ensure compliance with the requirements of R&P.
What follow up is proposed with the host community to gauge success of the program and address issues that
might arise?
Local refugee resettlement agencies host quarterly community consultations. The State Refugee Coordinator
and the State Refugee Health Coordinator attend these meetings to hear from the local community on the
successes and challenges of the program. In addition, the State Refugee Coordinator hosts quarterly provider
meetings to monitor program success. Each program is offered through a contract with a local provider. These
programs operate with performance-based contracts that receive regular monitoring to ensure that participants
are achieving the desired goals, whether it is employment placement or health screening and immunizations.
Is there a formal process for consultation with your agency if issues arise?
The Washington Office of Refugee and Immigrant Assistance is always available for consultation if issues arise in
the local community. For more information, please contact Sarah Peterson at petersk@dshs.wa.gov. In addition,
local refugee resettlement agencies and their national affiliates are available to respond to questions and
concerns from community members and elected officials.
Page 29 of 84
Office of Refugee & Immigrant Assistance
Economic Services Administration | Community Services Division
Sources Cited:
Proposed Refugee Admissions for Fiscal Year 2020: Report to Congress. U.S. Department of State, U.S.
Department of Homeland Security and U.S. Department of Health and Human Services.
https://www.politico.com/f/?id=0000016d-bb51-d0d8-af6d-ff79261f0002
Proposed Refugee Admissions for Fiscal Year 2019: Report to Congress. U.S. Department of State, U.S.
Department of Homeland Security and U.S. Department of Health and Human Services.
https://www.state.gov/wp-content/uploads/2018/12/Proposed-Refugee-Admissions-for-Fiscal-Year-2019.pdf
Refugee Security Screening Fact Sheet (August 28, 2018). U.S. Department of Homeland Security, U.S.
Citizenship and Immigration Services.
https://www.uscis.gov/sites/default/files/USCIS/Refugee%2C%20Asylum%2C%20and%20Int%27l%20Ops/Refug
ee_Screening_and_Vetting_Fact_Sheet.pdf
United States Refugee Admissions Program (USRAP) Flow Chart. U.S. Department of Homeland Security, U.S.
Citizenship and Immigration Services.
https://www.uscis.gov/sites/default/files/USCIS/Refugee%2C%20Asylum%2C%20and%20Int%27l%20Ops/USRA
P_FlowChart.pdf
Page 30 of 84
Resolution - 1
RESOLUTION NO. 3924
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
DECLARING AN INTENT TO GRANT CONSENT FOR THE RELOCATION
OF REFUGEES WITHIN MUNICIPAL BOUNDARIES PER UNITED STATES
EXECUTIVE ORDER 13888.
WHEREAS, the City of Pasco has long pursued a goal of being a welcoming and
supportive community for those who worked towards becoming productive members of the Pasco
community; and
WHEREAS, the City of Pasco City Council recognizes the United States Executive Order
13888 of September 26, 2019, entitled “Enhancing State and Local Involvement in Refugee
Resettlement,” issued by the United States President, Donald Trump; and
WHEREAS, the City Council acknowledges that the Executive Order states that “the
Federal Government…should resettle refugees only in those jurisdictions in which both the state
and local governments have consented to receive refugees…” under the United States Department
of State Reception and Placement Program; and
WHEREAS, the City Council wishes by this Resolution to set forth criteria clarifying the
circumstances under which the City intends to provide consent to have said refugees resettled
within its municipal boundaries; and
WHEREAS, the City Council recognizes the importance of maintaining the public health,
safety, and welfare of its current residents; and
WHEREAS, the City Council further recognizes that to be successful, refuge es resettling
into Pasco to will require financial support, services and assistance; and
WHEREAS, the City Council acknowledges the role it can play in the resettlement
program as part of a nation with a long history of welcoming and assimilating people from all over
the world into its society; and
WHEREAS, the City Council desires to provide its consent for local refugee resettlement
subject to the conditions and criteria identified herein. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE
AS FOLLOWS:
Section 1. Declaration of Intent. The City Council of the City of Pasco, Washington,
declares its intent to give consent for refugee resettlement within its municipal boundaries upon
certain conditions.
Further, the City Council encourages the Franklin County Board of Commissioners to also provide
its consent for refugee resettlement within the corporate boundaries of Franklin County.
Page 31 of 84
Resolution - 2
Section 2. Criteria for Consent. The City Council of the City of Pasco, Washington,
identifies the following criteria in order for refugees to be resettled within its municipal boundaries
under the United States Department of State Reception and Placement Program: (1) the existence
and adequacy of Federal, State and community support systems and structures in order to provide
support for said refugees during their transition toward independence; (2) that local resources
currently available to the City of Pasco residents are not reallocated to mitigate resettlement
program deficiencies; and (3) the Washington State Department of Social and Health Services will
provide the City with an annual update on the resettlement program.
Section 3. Reservation of Future Policy. The City Council of the City of Pasco,
Washington, declares its reservation of the right to withdraw its consent in the future regarding
these or other criteria necessary in order for the resettlement of refugees within its municipal
boundaries.
PASSED by the City Council of the City of Pasco, Washington, at its special meeting dated
this 9th day of December, 2019.
___________________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________________ ___________________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 32 of 84
AGENDA REPORT
FOR: City Council November 7, 2019
TO: Dave Zabell, City Manager Special Meeting: 12/9/19
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: *Amendment to Purchase and Sale Agreement - Columbia Basin College
Student Housing
I. REFERENCE(S):
Original Purchase and Sale Agreement
Proposed Resolution
Proposed Amendment
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _______ authorizing Amendment No. 1
to the Purchase and Sale Agreement between the City of Pasco and CBC Student
Housing, LLC, and further, to authorize the City Manager to execute said amendment.
III. FISCAL IMPACT:
This Resolution has no fiscal impact beyond what is described in the original PSA.
IV. HISTORY AND FACTS BRIEF:
The City Council previously approved and authorized through a Purchase and Sale
Agreement (PSA) with CBC Student Housing LLC, a private corporation, the sale of a
portion of the property for Phase I of the CBC Student Housing project. The PSA, at
that time, provided for the sale of a portion, and options for the remainder of
approximately one-half of a City 10-acre parcel located in the SE quadrant of 20th Ave
and Burden Blvd, reserving two future phases (Sub-Parcels B and C) for construction
when demand warranted their need.
Section 5 of the original agreement outlines the phasing of the project, outlining
options for future purchase and development of subsequent phases. The PSA provides
that the option for Sub-Parcel B of the project be exercised by January 1, 2020, with
the option for Sub-Parcel C having a deadline of January 1, 2022.
Page 33 of 84
The original PSA outlines the option for the sale of the property in three phases, with
the initial purchase price of $4.00 square-foot and with a CPI inflation factor on the
price beginning after July 1, 2018. Attachments to the PSA provide for covenants on
the property, assuring continued use for student housing and providing for joint use of
some infrastructure, as well as the required improvements anticipated for the project.
As envisioned, the development of all three phases could result in up to approximately
378 units of student-type housing.
V. DISCUSSION:
The impetus behind the requested amendment is that demand for student housing while
growing, is not yet sufficient to warrant the development of Phase B.
The subject amendment proposes to amend Section 5 of the agreement extending the
deadline for the option to purchase and develop Sub-Parcel B from January 1, 2020 to
January 1, 2022, matching the deadline of the option for Sub-Parcel C. In addition to
extending the deadline for Sub-Parcel B, staff has negotiated a provision within the
reversionary clause (Section 14c) requiring the developer to obtain City approval for
any sale within the 48-month reversionary period. This is to ensure that the property is
developed based upon its original intended use and remains on the tax rolls.
Staff recommends City Council approve the Resolution authorizing the City Manager
to execute Amendment No. 1 to the Purchase and Sale agreement with CBC Student
Housing LLC.
Page 34 of 84
PURCHASEAND SALEAGREEMENT
THIS PURCHASE AND SALE AGREEMENT (hereinafter “Agreement’'')is entered into on
this 29th day of June,2016,between the City of Pasco,a Washington Municipal Corporation
(hereinafter “City”)and CBC Student Housing,LLC,(hereinafter “Purchaser"')for establishing
the terms and conditions for the sale of real property (hereinafter “Property”)legally described as
set forth below:
Land sufficient to develop up to 378 student housing units as allowed under City development
regulations and mutually-agreeable design parameters;up to 4.751 net acres,including,in
particular,sub-parcel A described as the southeast comer (289.73 feet running east to west and
275.42 feet running south to north)as a portion of that certain real property designated as Parcel
ID Number 1 13300255 as shown on Exhibit A,which is attached hereto and incorporated by this
reference.
RECITALS
WHEREAS,City is the owner of real property located in Franklin County,Washington,which
real property is described more particularly in section 4 below;and
WHEREAS,City wishes to sell such real property and Purchaser wishes to purchase such
property under certain terms and conditions as set forth below;NOW,THEREFORE,
In consideration of the mutual covenants contained herein,the parties agree as follows:
1.Purchase and Sale.City agrees to sell,and Purchaser agrees to purchase:
(a)The property as generally described above and or particularly determined as
provided in Section 4 below.
(b)All development rights relating to the real property;(i)all rights to obtain utility
service in connection with the real property;(ii)assignable licenses and other
governmental pennits and permissions relating to the real property and the
operation thereof.
(c)The land,improvements,and appurtenances which constitute real property are
hereafter collectively defined as the “Real Property.”All of the Property included
by reference within the foregoing paragraphs 1(a)through l(c),both real and
personal,is hereinafter collectively referred to as the “Property.”
(d)Conditions of sale:
(I)The property shall be developed and used solely for the purpose of
providing student housing to serve Columbia Basin College as provided in
the covenants which shall run with the land as attached in Exhibit B,
which is attached hereto and incorporated by this reference.
Purchase and Sale Agreement—CBC Student Housing LLC -Page 1
Page 35 of 84
(2)The property shall be developed in accordance with the development plan
as designated in Exhibit C,which is attached hereto and incorporated by
this reference.The purchaser shall incorporate landscape design standards
that discourage access to the city-owned pond on the golf course.
(3)This Agreement is conditioned upon ?nal approval of the City Council of
the City of Pasco prior to closing as required by PMC 2.46.
Purchase Price/Financing.The purchase price for the Property shall be $4.00 per square
foot.The City represents that the Property totals approximately 4.751 acres.The
purchase price will be based upon the square footage de?ned in such survey.The
purchase price is payable in cash to the City at closing subject to the Phased Options as
provided in Section 5 below.
Method of Pament.Within ten (10)business days of the effective date of this
Agreement,Purchaser will deposit with Benton-Franklin Title Company (escrow agent),
an earnest money deposit in the sum of Twenty-Five Thousand and 00/l00ths Dollars
($25,000.00),which shall be held in an interest bearing trust account.This deposit shall
be applied to the purchase price.
(a)Purchaser agrees that the earnest money deposit shall be paid to City if the sale
does not close after Purchaser has removed all contingencies in writing.
(b)Upon closing,Purchaser shall electronically transfer proceeds of Purchaser's
?nancing for the balance of the purchase price or issue a cashier’s check in the
amount of the purchase price.
(a)The City shall,at the City’s sole expense,within fi?een (15)days following the
effective date of this Agreement,provide a current survey of sub-parcel A of the
Property and shall:
(1)Provide a metes and bounds legal description of sub-parcel A of the
Property.
(2)Calculate the exact square footage of sub-parcel A upon which the
purchase price as provided in Section 2 above shall be calculated.
(3)Identify the common roadway location.
(b)Within 120 days following the effective date of the Agreement,or such other time
extension as may be agreed to,in writing,the parties,by mutual agreement,shall
designate the approximate location and size of two additional parcels within the
Property for the purpose of the Phased Options as provided in Section 5 below.
The legal descriptions for such sub-parcels and the exact square footage of each
such sub-parcel shall be described by a survey to be provided,at the City’s sole
expense,within thirty (30)days of the designation ofthe sub-parcels.
Purchase and Sale Agreement—CBC Student Housing LLC -Page 2
Page 36 of 84
(c)Purchaser shall have ten (I0)days from the date of delivery of the survey for sub-
parcel A to revoke,by written notice,this Agreement at which time this
Agreement shall be null and void and the Purchaser shall be entitled to the return
of their earnest money deposit.Ifthe Purchaser fails to object,or waive its notice
to object,the survey shall be the acknowledged basis upon which the purchase
price shall be calculated as provided in Section 2 above.
(d)The City shall,at City's expense,within thirty (30)days following the Purchasefs
waiver,or expiration of its objection,secure a lot segregation for the sub-parcel A
Property,and a sub—lotsegregation which shall be effective upon closing.
Phased Option.
(a)Purchaser,by its initial below,elects a phased purchase of the Property.Upon
such election,Purchaser shall purchase the southeast comer,designated as sub-
parcel A.The legal description including the square footage shall be utilized for
the calculation of the purchase price at $4.00 per square foot,which purchase
shall be closed as provided in Section 11 and Section 12 below.
(b)Following closing on sub-parcel A,Purchaser shall have an option to purchase
sub-parcel B on or before January 1,2020.The base purchase price for sub-
parcel B shall be calculated based upon the survey determination of square
footage at $4.00 per square foot.In the event Purchaser does not exercise the
option to purchase sub-parcel B on or before July I,2018,the purchase price shall
be increased by an amount equal to the increase in the Consumer Price Index
(CPI-U)between the date of closing as provided in Section 11 below,and the date
of closing purchase of sub-parcel B.
((2)Following closing on sub-parcel A,Purchaser shall have an option to purchase
sub-parcel B and sub-parcel C together during the first option period.As a
condition for exercising this ?rst option,the Purchaser shall faithfully perfonn all
tenns and conditions of this Agreement including those documents incorporated
by reference.
(d)Purchaser shall have the option to purchase sub-parcel C on or before January 1,
2022.The base purchase price for sub-parcel C shall be calculated based upon
the survey detennination of square footage of $4.00 per square foot.In the event
Purchaser does not exercise the option to purchase sub-parcel C on or before July
1,2018,the purchase price shall be increased by an by an amount equal to the
increase in the Consumer Price Index (CPI-U)between the date of closing of this
Agreement and the date of closing upon sub-parcel C.As a condition for
exercising this option,the Purchaser shall faithfully perform all tenns and
conditions of this Agreement including those documents incorporated by
reference,and provided that Purchaser has previously purchased sub-parcels A
and B,or such sub-parcels are being purchased simultaneously with the purchase
of sub-parcel C.
/
City’s Initials 4 Purchaser's lnitiaw
Purchase and Sale Agreement —CBCStudent Housing LLC -Page 3
Page 37 of 84
By the initials above,the parties agree to a phased purchase option as described above.
1%.Title to the Property is to he so insurable at closing under tenns ofthe title policy
required to be delivered by City under temrs of paragraph 7 hereof.All title insurance
charges for the policy referenced in paragraph 7 below in the amount of the purchase
price shall be equally divided between the parties,except for the cost of any special
endorsements requested by Purchaser and cancellation fees shall be paid by Purchaser.
Preliminary Commitment.Within ?fteen (l5)days from the last party’s execution of this
agreement,City shall furnish Purchaser with a preliminary report/commitment from
Benton—FranklinTitle for an ALTA owner’s policy of title insurance with respect to the
Real Property,together with a copy of each document forming the basis for each
exception referenced therein.Purchaser shall advise City of any title objections within
?ve (5)days of its receipt of the report/commitment to remove all exceptions or
conditions in the title commitment.If within ten (l0)days after its notice to City,
Purchaser have not received evidence satisfactory to it that such unsatisfactory items can
and will be removed at or prior to closing at City’s sole cost and expense,then Purchaser
may elect to (a)terminate this Agreement and receive a full refund of the deposit,(b)
waive such defects,or (c)continue this Agreement in effect pending their removal.
Removal of unsatisfactory items or their waiver shall be a condition of closing.If
Purchaser does not make an election within thirty (30)days of its execution of this
Agreement,Purchaser shall be deemed to have waived the defects.
Due Diligence;Inspection Period.
(a)Within ft?een (15)days following the effective date ofthis Agreement,City shall
provide Purchaser with the title commitment described in paragraph 7 above,
together with all relevant documents relating to the Property,including but not
limited to copies of all easement,lot segregation and all other covenants and
restrictions with respect to all or portions of the Property;and all existing surveys
and other reports and studies relating to the Property or its use or development in
the possession of City.
(b)Purchaser shall have sixty (60)days from the effective date of this Agreement
(the “Inspection Period”)within which to conduct an examination of the Property,
including examinations of title,engineering tests,soils tests,water percolation
tests,ground water tests,environmental examinations,market studies,appraisals,
and any other tests or inspections which Purchaser shall have deemed necessary
or desirable for the purpose of determining whether the Property is suitable for his
intended uses.On or before the expiration of the Inspection Period,the Purchaser
shall notify City in writing,with a copy to Escrow Agent,whether Purchaser
intends to purchase the Property or tenninate this Agreement.If Purchaser elects
to purchase the Property,then the Inspection Period shall tenninate and
Purchaser’s obligation to purchase and City’s obligation to sell the Property shall
remain,subject to the other terms and conditions of this Agreement.If Purchaser
elects not to purchase the Property,then this Agreement shall be void and of no
further force and effect,and the deposit shall be returned to Purchaser.In the
event Purchaser fails to notify City in writing of its election to purchase the
Purchase and Sale Agrecment—CBC Student Housing LLC -Page 4
Page 38 of 84
10.
ll.
l2.
Property or tenninate this Agreement prior to the expiration of the Inspection
Period,then Purchaser shall be deemed to have elected to tertninate this
Agreement.
(e)Purchaser agrees to repair any damage to the Property resulting from any
activities of Purchaser or his agents or consultants on the Property before closing.
Purchaser agrees to defend,indemnify and hold the City harmless from any and
all damages,expenses,claims,or liabilities (including but not limited to
attorney’s fees and costs)arising out of any activities of Purchaser or his agents or
consultants on or about the Property before closing,except to the extent that the
same results from the City’s negligence.Purchaser shall not be liable for any
inspection claim resulting from Purchaser’s discovery of any pre-existing
condition (including,but not limited to,the existence of any hazardous materials)
in,on,under or about the Property or any exacerbation of a pre-existing condition
in,on,under or about the Property,except to the extent that the exacerbation
results from the negligent act or omission of Purchaser or his agents or
consultants.
(f)Buyer’s obligation to purchase this Property is conditioned upon Purchaser
constructing and operating a housing project solely for the benefit of Columbia
Basin College.Buyer’s obligation herein shall be included as a covenant that runs
with the land as a deed restriction on the property as provided in Exhibit B.
Pro-rations.Real Property taxes,assessments,water and other utilities,and all other
expenses for the month of closing,shall be prorated as of closing.All expenses,fees and
sums owing or incurred for the Property for periods prior to closing shall be paid by City,
when and as due.
Possession.Purchaser shall be entitled to sole possession of the Property at closing,
subject only to the rights,if any,of tenants in possession under the leases.
Closing.Closing,for at least sub parcel A,shall occur within ten (10)days of the
conclusion of Purchaser's inspection period as provided in Section 8 above,but in no
event later tha.n September 1,2016.
(a)At closing City will deposit in escrow a duly executed statutory warranty deed
covering the Property;at FIRPTA affidavit;and all other documents and monies
required of it to close this transaction in accordance with the terms hereof.All
such documents shall be in form satisfactory to Purchaser’s counsel.
(b)At closing Purchaser will deposit in escrow the monies required of it to close the
transaction in accordance with the tenns hereof.
Closing Costs.All excise,transfer,sales and other taxes,if any,incurred in connection
with the sale,the title insurance premium,recording fees on the deed and the escrow fee
shall be equally divided between the parties.The City shall bear all costs associated with
the lot segregation.Each party shall bear its own attomeys’fees,except as otherwise
expressly provided herein.
Purchase and Sale Agreement—CBC Student Housing l.LC -Page 5
Page 39 of 84
l4.
l5.
Forfeiture of Eamest Money_Deposit ~Liquidated Damages.As an inducement to
develop the Property in a manner that brings economic development to the City,the
parties agree to the following liquidated damages in the event that Purchaser fails,
without legal excuse after the inspection period,to complete the purchase of the Property
or ful?ll the tenns and obligations set forth in paragraph 3.The earnest money/deposit
shall be forfeited to the City as the sole and exclusive remedy available to the City for
such failure to purchase.In the event City defaults hereunder,Purchaser may pursue all
remedies at law or equity,including the right to speci?c performance,an action for
damages,or termination and retum of its earnest money.
City’s Initials Purchaser’s Initials/"9""
Reversionar Clause and 0 tion to Re urchase/Reclaim.
(a)This Property is being sold to Purchaser in anticipation of the development of
housing project for the bene?t of Columbia Basin College.
(b)The Purchaser acknowledges that the purchase price and consideration given by
City are related to the City’s goals of economic development and lost
opportunities for development would arise if Purchaser fails to begin construction
of the anticipated development.
(c)Unless the failure to commence construction is related to the items identi?ed in
Section l8(f),below,if the Purchaser fails to submit an application to City for
approval of a site plan and building plans consistent with subsection (a)above,
within three (3)months of Closing,the City reserves the right to reclaim title to
this Property.If the Purchaser does not initiate construction within six (6)months
of Closing,City reserves the right to reclaim title to this Property.The City shall
reclaim this Property by refunding 90%of the original Purchase Price as
determined in Section 3 above.In the event Purchaser elects the phased options
provided in Section 5 above,this right of reversion shall apply to each of the sub-
parcels purchased independently.The City will not assume any liability for
expenses incurred by Purchaser in conducting this transaction.Purchaser agrees to
re-convey title to the City within sixty (60)days of receipt of notification of
City’s decision to seek reconveyance of Property.This reversionary right is
exclusive to the City and shall be exercised at the sole discretion of the City.
(d)This reversionary right survives forty—eight(48)months a?er closing or until such
time as building commences,whichever is earlier.The City shall be under no
obligation to exercise this reversionary right.This reversionary clause shall
survive the delivery of the Deed,but shall automatically lapse upon expiration of
the time periods herein and City shall execute such further documents as
Purchaser shall request to release same.
Counterparts.This Agreement may be signed in counterparts which,taken together,shall
constitute the complete Agreement.
Purchase and Sale Agreement—CEC Student Housing l,l.C -Page 6
Page 40 of 84
l6.
l7.
l8.
Actions During Tenn.During the term hereof,City shall not enter into any lease or other
agreement affecting the Property or its operation,or modify,extend or othenvise change
the terms of any lease or other agreement affecting the Property or its operation or
otherwise permit any change in the status of title to the Property without Purchaser’s
prior written consent.
Assignment.Purchaser may not assign Purchaser‘s interest in this Agreement without
City‘s prior written consent,which shall not be unreasonably denied.
City’s Warranties:Indemnity.City makes the following representations and warranties,
which shall be deemed remade as of the closing date:
(8)
(b)
(d)
(6)
(0
(g)
(11)
The Property and improvements are not in violation of any applicable covenant,
condition or restriction or any applicable statute,ordinance,regulation,order,
pennit,rule or law,including,without limitation,any building,private restriction,
zoning or environmental restriction.
Other than the obligations of record,there are no obligations in connection with
the Property,which will be binding upon Purchaser a?er closing other than
liability for the payment of real estate taxes and utility charges.
There are no claims,actions,suits or govemmental investigations or proceedings
existing or,to the best of City’s knowledge,threatened against or involving City
or the Property (including,without limitation,any condemnation or eminent
domain proceeding or matter related to the formation of or assessment by a local
improvement district)and City has received no written notice thereof.
All insurance policies now maintained on the Property will be kept in effect,up to
and including the closing.City has received no notice from any insurance
company or rating organization of any defects in the condition of the Property or
of the existence of conditions which would prevent the continuation of existing
coverage or would increase the present rate of premium.
There are no leases affecting the Propeny.
The Property is currently zoned C-1 (Commercial)which will accommodate the
intended use for student housing by special permit.The City speci?cally reserves
the right to condition approval of development on building layout,exterior
treatments (aesthetics and open space),parking lot design/capacity,building
height,and such other conditions as may be required to insure the compatibility of
the intended use with its surrounding existing uses.
There are no commissions due to any real estate broker or agent that arise from
this Agreement.
All such representations and warranties shall be reaffirmed by City as true and
correct as of the Closing Date and shall survive the Closing for a period of two (2)
years.
Purchase and Sale Agreement-~CBC‘Student Housing LLC ~Page 7
Page 41 of 84
19.
If,prior to closing,City becomes aware of any fact or circumstance which would change
a representation or warranty,then City will immediately give notice of such changed fact
or circumstance to Purchaser,but such notice shall not relieve the City of its obligations
hereunder.
Environmental Indemni?cation.
(8)
(b)
City will defend,indemnify,and hold Purchaser and his partners,agents and
employees and assignec (collectively,the “Indemni?ed Parties”)harmless from
and against any and all claims,obligations,damages,causes of action,costs and
expenses,losses,?nes,penalties,and liabilities,including,without limitation,
attorneys‘fees and costs,imposed upon or incurred by or asserted against an
Indemni?ed Party arising out of or in connection with the occurrence of any of
the following:(i)prior to closing:(A)any Environmental Matter affecting or
relating to the Property arising out of City’s use and ownership of the Property;or
(B)any violation of any Environmental Law by City with respect to the Property;
and (ii)subsequent to closing:(C)the manufacture,storage,sale,use,disposal,
release,or discharge of Hazardous Substance in,on or under the Property by City;
or (D)any violation of any Environmental Law by City with respect to the
Property.City shall also be responsible for all costs,expenses,?nes,and penalties
arising out of or in connection with the investigation,removal,remediation,clean-
up,and restoration work resulting ?'om the matters described in the preceding
sentence.City represents that to the best of its knowledge,a?er reasonable
inquiry,it is not aware of any violation of any Environmental Laws relating to the
Property,any Hazardous Materials located on the Property or any Environmental
Matter relating to the Property.City’s obligations and representations under this
Section 22 shall survive closing.
“Environmental Laws”shall mean any federal,state or local laws,ordinance,
permits or regulations,or any common law,regarding health,safety,radioactive
materials or the environment,including but not limited to,the following federal
statutes:Clean Air Act (42 U.S.C.§§7401 et seg.)(“CAA”),Clean Water Act
(33 U.S.C.§§1251 et seq.)(“CWA”),Resource Conservation and Recovery Act
(42 U.S.C.§§6091 et se_q.)(“RCRA”),Comprehensive Environmental Response
Compensation and Liability Act (42 U.S.C.§§9601 gtieg.)(“CERCLA”),
Emergency Planning and Community Right-To-Know Act (41 U.S.C.§§11001 e_t
gq.)(“EPCRA”),Safe Drinking Water Act (42 U.S.C.§§300f i1.)
(“SDWA”),Hazardous Material Transportation Act of 1975 (49 U.S.C.§§1801
et sg.)(“HMTA”),Toxic Substances Control Act (15 U.S.C.§§2601 et seq.)
(“TSCA"),Endangered Species Act of 1973 (16 U.S.C.§§1531 e_ts_e<1.)(“ESA”),
Federal Insecticide,Fungicide and Rodenticide Act (7 U.S.C.§§136 et seg.)
(“FIFRA”),the Occupational Safety and Health Act (29 U.S.C.§§651 et seq.)
(“OSHA”),the Washington Model Toxics Control Act (RCW Chapter 70.l50D)
("MTCA"),or the Hazardous Waste Management Act (RCW Chapter 70.105)
(“HWMA"’),each as amended,and any regulations promulgated thereunder,
gmidance and directives issued with respect thereto,or policies adopted by the
applicable authorities thereunder.
Purchase and Sale Agreement—CBC Student Housing LLC -Page 8
Page 42 of 84
20.
21.
(C)
(d)
"Hazardous Substances“shall mean:(i)any radioactive materials;(ii)any
substance or material the transportation,storage,treatment,handling,use,
removal or release of which is subject to any Environmental Law‘,or (iii)any
substance or material for which standards of conduct are imposed under any
Environmental Law.Without limiting the generality of the foregoing,“Hazardous
Substances”shall include:asbestos and asbestos-containing materials (whether or
not friable);urea-fomialdehyde in any of its forms;polychlorinated biphenyls;oil,
used oil;petroleum products and their by—pr0ducts;lead-based paint;radon;and
any substances de?ned as “hazardous waste,”“hazardous substances,"“pollutants
or contaminants,”“toxic substances."“hazardous chemicals,"“hazardous
pollutants,”or "toxic chemicals “under the CAA,CWA.RCRA,CERCLA,
EPCRA,SDWA,HMTA,TSCA,OSHA,MTCA or HWMA,
“Environmental Matter"shall mean any of the following:(i)the release of any
Hazardous Substance on or at the Property or any other property;(ii)the
migration of any Hazardous Substance onto or from the Property;(iii)the
environmental,health or safety aspects of transportation,storage,treatment,
handling,use or release,whether any of the foregoing occurs on or off the
Property,of Hazardous Substances in connection with the operations or past
operations of the Property;(iv)the violation,or alleged violation with respect to
the Property,of any Environmental Law,order,permit or license of or from any
govenunental authority,agency or court relating to environmental,health or
safety matters;(v)the presence of any underground storage tanks within the
con?nes of the Property;(vi)the presence of wetlands within the confines of the
Property;(vii)the presence of any endangered species on,in or around the
Property;or (viii)soil,groundwater and surface conditions on,in or around the
Property which may have an adverse effect upon the use or value of the Property.
Costs and Expenses.Except as otherwise expressly provided herein,each party hereto
will bear its own costs and expenses in connection with the negotiation,preparation and
execution of this Agreement,and other documentation related hereto,and in the
performance of its duties hereunder.
Notices.All notices provided for herein may be delivered in person,sent by commercial
ovemight courier,telecopied or mailed by U.S.registered or certi?ed mail,return receipt
requested,and,if mailed,shall be considered delivered three (3)business days a?er
deposit in such mail.The addresses to be used in connection with such correspondence
and notices are the following,or such other address as a party shall from time-to—tirne
direct:
City:
City ofPasco
P.O.Box 293
525 North 3rd
Pasco,WA 99301
Attn:Dave Zabell,City Manager
(509)545-3404
Purchase and Sale Agreement»CBC Student Housing LLC —Page 9
Page 43 of 84
22.
23.
Purchaser:
CBC Student Housing LLC
90705 North Yakima Drive
West Richland WA 99353
Attn:David Lippes,Manager
Miscellaneous.
(8)
(b)
(c)
(d)
(0
(g)
(h)
Further Documentation.Each of the parties agrees to execute,acknowledge,and
deliver upon request by the other party any document which the requesting party
reasonably deems necessary or desirable to evidence or effectuate the rights
herein conferred or to implement or consummate the purposes and intents hereof,
so long as such imposes no different or greater burden upon such party than is
otherwise imposed hereunder.
Headings.The headings in this Agreement are for convenience only and do not in
any way limit or affect the terms and provisions hereof.
Calculation of Time Periods.Unless otherwise speci?ed,in computing any
period of time described in this Agreement,the day of the act or event after which
the designated period of time begins to run is not to be included and the last day
of the period so computed is to be included,unless such last day is a Saturday,
Sunday or legal holiday.The ?nal day of any such period shall be deemed to end
at 5 p.m.,Paci?c Time.
Time of Essence.Time is of the essence ofthis Agreement.
Gender.Wherever appropriate in this Agreement,the singular shall be deemed to
refer to the plural and the plural to the singular,and pronouns of certain genders
shall be deemed to include either or both of the other genders.
Exhibits.The Exhibits referred to herein and attached to this Agreement are
incorporated herein as if set forth in full.
Unenforceability.lfa.ny provision of this Agreement is held to be invalid,illegal
or unenforceable in any respect,such invalidity,illegality or unenforceability
shall not affect the remainder of such provision or any other provisions hereof.
Amendment Modi?cations.This Agreement may not be altered,amended,
changed,waived,terminated or modi?ed in any respect or particular unless the
same shall be in writing and signed by or on behalf of the party to be charged
therewith.
Attorneys’Fees.If any lawsuit or arbitration arises in connection with this Agreement,
the substantially prevailing party therein shall be entitled to receive from the losing party,
the substantially prevailing party’s costs and expenses,including reasonable attorneys’
fees incurred in connection therewith,in preparation therefore and on appeal therefrom,
which amounts shall be included in any judgment entered therein.
Ptircliase and Sale AgreenienPCBC Student Housing LLC -Page l0
Page 44 of 84
24.
25.
26.
27.
28.
Waiver.A party may,at any time or times,at its election,waive any of the conditions to
its obligations hereunder,but any such waiver shall be effective only if contained in
writing signed by such party.No waiver shall reduce the rights and remedies of such
party by reason of any breach of any other party.No waiver by any party of any breach
hereunder shall be deemed a waiver of any other or subsequent breach.
Governing Law.This Agreement shall be construed and enforced in accordance with the
laws of the State of Washington.
Facsimile Signatures.Each party (a)has agreed to permit the use,?'om time-to-time and
where appropriate,of telecopied signatures in order to expedite the transaction
contemplated by this Agreement,(b)intends to be bound by its respective telecopied
signature,(c)is aware that the other will rely on the telecopied signature,and (d)
acknowledges such reliance and waives any defenses to the enforcement of the
documents effecting the transaction contemplated by this Agreement based on the fact
that a signature was sent by telecopy.
REMEDIES.IF PURCHASER FAILS,AFTER THE REMOVAL OF ITS
CONTINGENCIES,AND WITHOUT LEGAL EXCUSE,TO COMPLETE THE
PURCHASE OF THE PROPERTY,THE DEPOSIT SHALL BE FORFEITED TO CITY
AS LIQUIDATEDDAMAGES AND THE SOLE AND EXCLUSIVE REMEDY TO
CITY FOR SUCH FAILURE.IN THE EVENT OF CITY’S DEFAULT,PURCHASER
MAY PURSUE ANY REMEDY AVAILABLE AT LAW OR IN EQUITY,
INCLUDING SPECIFIC PERFORMANCE.
City’s Initials
Entire Agreement.This Agreement and the exhibits hereto constitute the entire
agreement among the parties with respect to the subject matter hereof and supersede all
prior agreements,oral or written,express or implied,and all negotiations or discussions
of the parties,whether oral or written,and there are no warranties,representations or
agreements among the parties in connection with the subject matter hereof except as set
forth herein.
Purchaser’s Initials /L.{'—
IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates noted
below.
Purchase and Sale Agreemem~CBC Student Housing LLC -Page I 1
Page 45 of 84
PURCHASER:CBC Student Housin LLC
‘44
y
xi‘/9
By:David Lippes Date
CITY
Q;/»~l )0 “O
anager Date
At?st:(L00 Approved as to form:
‘E4Debbie,City Clerk Leland Kerr,City Attorney
Purchase and Sale Agreemem—CBC Student Housing LLC -Page 12
Page 46 of 84
STATE OF WASHINGTON )
)ss.
County of Franklin )
On this day personally appeared before me Dave Zabell,City Manager of the City of
Pasco,Washington,to me known to be the individual described in and who executed the within
and foregoing instrument,and acknowledged that he signed the same as his free and voluntary
deed for the uses and purposes therein mentioned.
‘*5’
SUBSCRIBED and swom to before me this ?_day of ,2016.
;\.\\\'.\_\\‘\\,\‘\:\.\'.\“‘">51
TONI L.ZUN
NOTARY PUBLIC
Notary Public in and f 'r t 9 State of Washington,
Residing at
My Commission Expires:
comssnouamass ,
MARC 0
STATE OF WASHINGTON )
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county of )
On this day personally appeared before me David Lippes,to me known to be the
individual described in and who executed the within and foregoing instrument,and
acknowledged that he signed the same as his free and voluntary deed for the uses and purposes
therein mentioned.
SUBSCRIBED and sworn to before me this “dayof
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,_Notary Public 'the_State of Washington,
TONI L.ZUNKER Residing at
NOTARY PUBLIC My Commission Expires:
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MARCH 3.2020
T T
Purchase and Sale Agreement—CBC Student Housing LLC -Page 13
Page 47 of 84
Page 48 of 84
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AUTHORIZING
AN AMENDMENT TO THE PURCHASE AND SALE AGREEMENT BY AND
BETWEEN THE CITY OF PASCO AND CBC STUDENT HOUSING, LLC
WHEREAS, on June 20, 2016, the Pasco City Council approved and authorized
execution of a Purchase and Sale Agreement (hereinafter “Original Agreement”) by and
between the City of Pasco (hereinafter “City”) and CBC Student Housing, LLC (hereinafter
“Developer”; and
WHEREAS, the Original Agreement outlined within Section 5, terms and
deadlines for development of subsequent sub-parcel B and C; and
WHEREAS, the Developer has requested of the City that the new date to exercise
the option to purchase and commence Sub-parcel B from January 1, 2020 to January 1,
2022.
WHEREAS, the Developer agrees to solicit City approval for any potential
ownership changes during the defined 48-month reversionary clause period; and
WHEREAS, to formalize this request, the Developer requests to formally amend
the Original Agreement through resolution of the Pasco City Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PASCO, WASHINGTON:
That the City Manager is authorized to sign and execute an Amendment to the
Purchase and Sale agreement by and between the City and Developer, and
Be It Further Resolved, that this resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco this 9th day of December, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law PLLC
City Clerk City Attorney
Page 49 of 84
Amendment No. 1
CBC Purchase and Sale Agreement - 1
AMENDMENT NO. 1
PURCHASE AND SALE AGREEMENT
THIS AMENDMENT dated this ______ day of ________________, 2019, by and
between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as the
“City”, and CBC Student Housing, LLC, a Washington Limited Liability Company, hereinafter
referred to as “Purchaser.”
WHEREAS, the parties have entered into the Purchase and Sale Agreement, wherein
Purchaser bought land from the City to develop student housing units, and the Agreement included
options to purchase additional sub-parcels of land for that purpose; and
WHEREAS, the parties desire to modify the terms of the Purchase and Sale Agreement
originally executed between the parties on June 29, 2016;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained
herein, it is agreed as follows:
Section 1. Section 4(a), entitled “Survey” shall be and hereby is amended through
incorporation of a new subsection and shall read as follows:
4(a)(4) “Exhibit A” to the Agreement is hereby deleted and replaced with a
new “Exhibit A-1” pursuant to Amendment No. 1.
Section 2. Section 5(b), entitled “Phased Option” shall be and hereby is amended and
shall read as follows:
5(b) Following closing on sub-parcel A, the Purchaser shall have an option to
purchase sub-parcel B on or before January 1, 2022.
Section 3. Section 14, entitled “Reversionary Clause and Option to
Repurchase/Reclaim” shall be and hereby is amended through incorporation of a new subsection
(c) and shall read as follows:
14(c) The Purchaser shall obtain the City’s approval for any transfer of the
Property, which includes the phased options identified in the subsequent subsection, by the
Purchaser to any third-party within the forty-eight (48) month reversionary period. Such transfer
shall be in the City’s sole discretion, pursuant to this section.
14(d) Unless the failure to commence construction is related to the items
identified in Section 18(f), below, if the Purchaser fails to submit an application to City for
approval of a site plan and building plans consistent with subsection (a) above, within three (3)
months of Closing, the City reserves the right to reclaim title to this Property. If the Purchaser does
not initiate construction within six (6) months of Closing, the City reserves the right to reclaim
Page 50 of 84
Amendment No. 1
CBC Purchase and Sale Agreement - 2
title to this Property. The City shall reclaim this Property by refunding 90% of the original
Purchase Price as determined by Section 3 above. In the event Purchaser elects the phased options
provided in Section 5 above, the right of reversion shall apply to each of the sub-parcels purchased
independently. The City will not assume liability for expenses incurred by the Purchaser in
conducting this transaction. Purchaser agrees to re-convey title to the City within sixty (60) days
of receipt of notification of the City’s decision to seek reconveyance of Property. This reversionary
right is exclusive to the City and shall be exercised at the sole discretion of the City.
14(e) This reversionary right survives forty-eight (48) months after closing or
until such time as building commences, whichever is earlier. The City shall be under obligation to
exercise this reversionary right. This reversionary clause shall survive the delivery of the Deed,
but shall automatically lapse upon expiration of the time periods herein. Upon Purchaser’s request
and sole expense, the City will execute such further documents formalizing this reversionary
right’s expiration.
Section 4. The remaining terms and conditions of the Agreement shall remain
unaltered; provided, that nothing in this Amendment shall be construed to obligate either party to
enter into an agreement to purchase sub-parcel C, or disturb the Purchaser’s option to purchase
sub-parcel C pursuant to Section 5(d).
IN WITNESS WHEREOF, the parties have hereunto set their hands as of the date first
above written.
CITY OF PASCO CBC STUDENT HOUSING, LLC
By. ______________________________ By: ______________________________
Dave Zabell, City Manager David Lippes, Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:
By. ______________________________ By: ______________________________
Kerr Ferguson Law, PLLC
City Attorney
Page 51 of 84
Amendment No. 1
CBC Purchase and Sale Agreement - 3
STATE OF WASHINGTON )
:ss
County of Franklin )
On this day personally appeared before me DAVE ZABELL, City Manager for the City of
Pasco, Washington, described in and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this _____ day of ___________________, 2019.
_________________________________________
Notary Public in and for the State of Washington
Residing at ________________________________
My Commission Expires _____________________
STATE OF WASHINGTON )
:ss
County of Franklin )
On this day personally appeared before David Lippes, Manager of CBC Student Housing,
LLC, described in and who executed the within and foregoing instrument, and acknowledged that
he signed the same as his free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this _____ day of ___________________, 2019.
_________________________________________
Notary Public in and for the State of Washington
Residing at ________________________________
My Commission Expires _____________________
Page 52 of 84
Page 53 of 84
Page 54 of 84
AGENDA REPORT
FOR: City Council November 26, 2019
TO: Dave Zabell, City Manager Special Meeting: 12/9/19
FROM: Steve Worley, Director
Public Works
SUBJECT: Project Acceptance - Multiple Public Works Projects
I. REFERENCE(S):
Presentation
Proposed Resolutions
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ________ accepting work performed by
Apollo, Inc. under contract for the Columbia Water Supply Project.
MOTION: I move to approve Resolution No. ________ accepting work performed by
Culbert Construction, Inc. under contract for the Oregon Avenue (SR395) Phase 1
Project.
MOTION: I move to approve Resolution No. ________ accepting work performed by
Culbert Construction, Inc. under contract for the Harris Road Sewer Transmission
Main Project.
MOTION: I move to approve Resolution No. ________ accepting work performed by
Townsend Controls & Electric LLC, under contract for the Butterfield WTP PLC &
Controls Upgrades Project.
MOTION: I move to approve Resolution No. ________ accepting work performed by
Goodman & Mehlenbacher Ent., Inc. under contract for the Waterline Extension –
Schuman Lane Project.
MOTION: I move to approve Resolution No. ________ accepting work performed by
Central Washington Asphalt under contract for the 20th Avenue Overlay Project.
III. FISCAL IMPACT:
Page 55 of 84
See below.
IV. HISTORY AND FACTS BRIEF:
• Columbia Water Supply Project
The project bid was awarded to Apollo, Inc. out of Kennewick, WA on January
23, 2017 in the amount of $7,583,538.00 by Council action. The project is
complete and constructed per specifications. Final construction costs were
$7,903,167.54, which includes change orders in the amount of $319,629.54.
• Oregon Avenue (SR397) Phase 1
The project bid was awarded to Culbert Construction, Inc. out of Pasco, WA on
November 20, 2017 in the amount of $6,622,707.52 by Council action. The
project is complete and constructed per specifications. Final construction costs
were $7,021,032.18, which includes change orders in the amount of
$398,324.66.
• Harris Road Sewer Transmission Main
The project bid was awarded to Culbert Construction, Inc. out of Pasco, WA on
February 11, 2019 in the amount of $2,412,115.89 by Council action. The
project is complete and constructed per specifications. Final construction costs
were $2,616,733.39, which includes change orders in the amount of
$204,617.50.
• Butterfield WTP PLC & Controls Upgrades
The project bid was awarded to Townsend Controls & Electric LLC, out of
Pasco, WA on October 2, 2017 in the amount of $475,412.94 by Council
action. The project is complete and constructed per specifications. Final
construction costs were $509,917.04, which includes change orders in the
amount of $34,504.10.
• Waterline Extension - Schuman Lane
The project bid was awarded to Goodman & Mehlenbacher Ent., Inc. out of
Kennewick, WA on July 24, 2019 in the amount of $66,721.67 by the City
Manager. The project is complete and constructed per specifications. Final
construction costs were $94,075.66, which includes change orders in the
amount of $27,353.99.
• 20th Avenue Overlay
The project bid was awarded to Central Washington Asphalt out of Benton
City, WA on July 1, 2019 in the amount of $386,587.65 by Council action. The
project is complete and constructed per specifications. Final construction costs
were $403,662.61, which includes change orders in the amount of $17,074.96.
Page 56 of 84
Formal acceptance of public works projects required by State law and starts the 45-day
period within which an outside vendor, supplier or laborer would have an opportunity
to file a claim against this project pursuant to RCW 60.28.011 (2). Upon completion of
45 day lien filing period, retainage being held by the City may be released upon receipt
of the following:
• An affidavit of no liens
• A release from the Department of Revenue that all taxes have been paid
• A release from any claims from the Department of Labor and Industries,
pursuant to RCW 60.28.051
V. DISCUSSION:
Staff recommends the City Council's acceptance of the project's as constructed by the
above listed contractors.
Page 57 of 84
Pasco City Council Special
Meeting
December 9, 2019Page 58 of 84
Butterfield WTP PLC & Controls Upgrade
Project -Before Page 59 of 84
Butterfield WTP PLC & Controls Upgrade
Project -After
Page 60 of 84
Oregon Ave Phase 1 Project -Before Page 61 of 84
Oregon Ave Phase 1 Project -After
Page 62 of 84
Columbia Water Supply Project Page 63 of 84
20th Avenue Overlay Project
Page 64 of 84
Harris Road Sewer Transmission Main
Project
Page 65 of 84
Waterline Ext. -Schuman Lane Project
Page 66 of 84
Change Order Details
Butterfield WTP PLC Controls Upgrade
•Installation of four (4) new mild steel doors
with hinges to provide full height access to
control panel
•Correction of items missing in original plans
and specs including:
•Backwash Sequence Addition
•Filter Local Display Screen Additions
•Backwash Sequence Alarm Additions
•Abandoned PLC Code & HMI Tag Removal
•Misc. Butterfield PLC & Wonderware HMI
Programming
Oregon Ave Phase 1
•Correction of items missing in plans and
specs including:
•Relocation of existing catch basin, power
poles, & fiber optic cables
•Storm design changes due to existing
utility locations
•Pavement marking removal
•Irrigation modifications
•Abandoned waterline cuts/caps
•Site restoration
•Pedestrian push button extensions
Page 67 of 84
Change Order Details
Columbia Water Supply
•Replacement of two (2) skylights with pump
access hatches and piping changes
•Correct unknowns with chemical feed line
•Remove abandoned pipe in Court St.
•Temporary piping to flush pump
•Painting of walls inside station (not included in
specs)
•Unknown utility crossings that were not
anticipated with the new 30” raw waterline
•Additional paving on Court St
•Man gate addition to security fence
•Purchase of fire extinguishers
20th Avenue Overlay
•Removal of curb/gutter in driveway and
relocation of power pole and vault to
properly install ADA handicap ramp
•Removal of additional curb/gutter and
sidewalk to fit new ADA appurtenances
Page 68 of 84
Change Order Details
Waterline Ext. –Schuman Lane
•Replacement of new 4’ school rated chain-
link fence along Chiawana Park -requested
by Parks (AC&S)
Harris Road Sewer Transmission Main
•Bore under existing FCID irrigation: to
expedite sewer main crossing before irrigation
season began
•Topsoil reclamation per agreement with
property owner
•Two (2) sewer services to existing houses
Page 69 of 84
Questions?Page 70 of 84
RESOLUTION NO. _______
A RESOLUTION ACCEPTING WORK PERFORMED BY CENTRAL
WASHINGTON ASPHALT, UNDER CONTRACT FOR THE 20TH AVENUE OVERLAY
PROJECT.
WHEREAS, the work performed by Central Washington Asphalt, under contract for the
20th Avenue Overlay Project has been examined by the City of Pasco Engineering Division and
has been found to be in apparent compliance with the applicable project specifications and
drawings, and
WHEREAS, the Engineering Division recommends that the City of Pasco formally
accept the contractor’s work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with the Engineering Division recommendation and thereby accepts the
work performed by Central Washington Asphalt, under contract for the 20th Avenue Overlay
Project, as being completed in apparent conformance with the project specifications and
drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Director.
PASSED by the City Council of the City of Pasco this ______ day of December, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 71 of 84
RESOLUTION NO. _______
A RESOLUTION ACCEPTING WORK PERFORMED BY TOWNSEND
CONTROLS & ELECTRIC LLC., UNDER CONTRACT FOR THE BUTTERFIELD WTP
PLC & CONTROLS UPGRADES PROJECT.
WHEREAS, the work performed by Townsend Controls & Electric LLC., under contract
for the Butterfield WTP PLC & Controls Upgrades Project has been examined by the City of
Pasco Engineering Division and has been found to be in apparent compliance with the applicable
project specifications and drawings, and
WHEREAS, the Engineering Division recommends that the City of Pasco formally
accept the contractor’s work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with the Engineering Division recommendation and thereby accepts the
work performed by Townsend Controls & Electric LLC., under contract for the Butterfield WTP
PLC & Controls Upgrades Project, as being completed in apparent conformance with the project
specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Director.
PASSED by the City Council of the City of Pasco this ______ day of December, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 72 of 84
RESOLUTION NO. _______
A RESOLUTION ACCEPTING WORK PERFORMED BY CULBERT
CONSTRUCTION, INC., UNDER CONTRACT FOR THE HARRIS ROAD SEWER
TRANSMISSION MAIN PROJECT.
WHEREAS, the work performed by Culbert Construction, Inc., under contract for the
Harris Road Sewer Transmission Main Project has been examined by the City of Pasco
Engineering Division and has been found to be in apparent compliance with the applicable
project specifications and drawings, and
WHEREAS, the Engineering Division recommends that the City of Pasco formally
accept the contractor’s work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with the Engineering Division recommendation and thereby accepts the
work performed by Culbert Construction, Inc., under contract for the Harris Road Sewer
Transmission Main Project, as being completed in apparent conformance with the project
specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Director.
PASSED by the City Council of the City of Pasco this ______ day of December, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 73 of 84
RESOLUTION NO. _______
A RESOLUTION ACCEPTING WORK PERFORMED BY CULBERT
CONSTRUCTION, INC., UNDER CONTRACT FOR THE OREGON AVENUE SR397
PHASE 1 PROJECT.
WHEREAS, the work performed by Culbert Construction, Inc., under contract for the
Oregon Avenue SR397 Phase 1 Project has been examined by the City of Pasco Engineering
Division and has been found to be in apparent compliance with the applicable project
specifications and drawings, and
WHEREAS, the Engineering Division recommends that the City of Pasco formally
accept the contractor’s work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with the Engineering Division recommendation and thereby accepts the
work performed by Culbert Construction, Inc., under contract for the Oregon Avenue SR397
Phase 1 Project, as being completed in apparent conformance with the project specifications and
drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfa ction
of same and verification thereof by the Public Works Director and Finance Director.
PASSED by the City Council of the City of Pasco this ______ day of December, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 74 of 84
RESOLUTION NO. _______
A RESOLUTION ACCEPTING WORK PERFORMED BY APOLLO, INC., UNDER
CONTRACT FOR THE COLUMBIA WATER SUPPLY PROJECT.
WHEREAS, the work performed by Apollo, Inc., under contract for the Columbia Water
Supply Project has been examined by the City of Pasco Engineering Division and has been found
to be in apparent compliance with the applicable project specifications and drawings, and
WHEREAS, the Engineering Division recommends that the City of Pasco formally
accept the contractor’s work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with the Engineering Division recommendation and thereby accepts the
work performed by Apollo, Inc., under contract for the Columbia Water Supply Project, as being
completed in apparent conformance with the project specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Director.
PASSED by the City Council of the City of Pasco this ______ day of December, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 75 of 84
RESOLUTION NO. _______
A RESOLUTION ACCEPTING WORK PERFORMED BY GOODMAN &
MEHLENBACHER ENT. INC., UNDER CONTRACT FOR THE WATERLINE EXTENSION
– SCHUMAN LANE PROJECT.
WHEREAS, the work performed by Goodman & Mehlenbacher Ent. Inc., under contract
for the Waterline Extension – Schuman Lane Project has been examined by the City of Pasco
Engineering Division and has been found to be in apparent compliance with the applicable
project specifications and drawings, and
WHEREAS, the Engineering Division recommends that the City of Pasco formally
accept the contractor’s work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with the Engineering Division recommendation and thereby accepts the
work performed by Goodman & Mehlenbacher Ent. Inc., under contract for the Waterline
Extension – Schuman Lane Project, as being completed in apparent conformance with the project
specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Director.
PASSED by the City Council of the City of Pasco this ______ day of December, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 76 of 84
AGENDA REPORT
FOR: City Council December 4, 2019
TO: Dave Zabell, City Manager Special Meeting: 12/9/19
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Request to Invite Governor of Colima to Participate in 2020 Cinco de Mayo
Festival
I. REFERENCE(S):
DPDA Request of City Council
Letter for the Mayor's signature
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to authorize the Mayor to execute the 2020 Pasco Cinco de Mayo
Festival invitation letter to the Governor of Colima.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Downtown Pasco Development Authority (DPDA) Board President, Gabriel
Portugal, was part of the delegation to visit Colima in October 2019. Part of the
discussion to plan for arts and culture exchange included the possibility of Colima
participating in the Pasco Cinco de Mayo Festival. The precedent was actually set in
2019, when the state of Colima sent Chef Jennifer Arana to help initiate the Chef's
Table Dinner Series at the Pasco Specialty Kitchen as part of the 2019 festival
activities.
Following the delegation visit, the DPDA Board voted at its November meeting to
request that the City of Pasco extend a formal invitation to the Governor of Colima to
participate in the 2020 festival. The DPDA Board also voted to name the Governor as
honorary Grand Marshall of the Cinco de Mayo Parade, which will return to its original
setting of Saturday morning before the festival.
City staff have discussed the proposal with the staff of the State of Colima and
additional activities that may be incorporated during the visit include a formal signing
ceremony of the cooperation between the City and State of Colima, as well as, music,
art and culinary exchanges during the week. DPDA will coordinate with the City's
Page 77 of 84
designee to assure that all appropriate protocols are followed.
V. DISCUSSION:
Page 78 of 84
downtown pasco
l,§>L\/t‘,L)l"ril "V A.)l l-‘LJI4 'Y
Honorable Mayor,Matt Watkins
Pasco City Council Members,
The Downtown Pasco Development Authority Board of Directors respectfully requeststhattheMayorandCityCouncilextendaformalinvitationtotheGovernoroftheStateofColima,Hon.Jose Ignacio Peralta,to participate in the 2020 Pasco Cinco deMayorFestival,and serve as Grand Marshall of the Cinco de Mayo Parade.This
request was approved by unanimous vote of the board at its November 21,2019
Regular Business Meeting,when it also appointed Board President Gabriel Portugal toserveasChairofthe2020CincodeMayoFestival.
In October 2019,the DPDAChairman along with a small group officials and staff wereprivilegedtobepartofaCityofPasco’s delegation visiting the State of Colima.This
group-initiated discussion of a potential visit by Governor Peralta,subject to hisscheduleavailability.While a specific date was not mentioned at the time,subsequent discussions with other members of the delegation and DPDAboard
members has led to the idea that his participation in our biggest festival of the year
would be an excellent way to showcase the benefits of the Pasco-Colima Cooperation
and Friendship Agreement.
The DPDAwould be honored to have the Governor present at our 2020 Cinco de Mayo
Festival and be our Parade Grand Marshall.As our city council,we hope you agree,aformalinvitationfromtheCityofPascoelectedofficialswouldbetheappropriate
vessel of protocol to initiate the process.
The DPDABoard of Directors and staff thank you for your continued support,and fortheopportunitytoparticipateasapartnertothePasco-Colima Cooperation and
Friendship Agreement.
Respectfully,
Q _57¢yn é,a7:c/Q.‘
Gustavo Gutierrez Gomez
Executive Director
Downtown Pasco Development Authority
Page 79 of 84
OFFICE OF THE MAYOR (509) 545-3404 FAX (509) 545-3403
P.O. Box 293 525 North 3rd Ave. Pasco, WA 99301 www.pasco-wa.gov
December 9, 2019
The Honorable José Ignacio Peralta Sánchez
Governor
State of Colima, Mexico
RE: 2020 City of Pasco Cinco de Mayo Festival
Dear Governor Peralta Sánchez,
On behalf of the City of Pasco, and the Pasco-Colima Steering Committee, I would like to thank you and
your staff for your warm welcome and generous hospitality during our exploratory visit to Colima in
October 2019. Following our visit, the City Council approved the Pasco-Colima Cooperation and Friendship
Agreement, which will allow our two communities to pursue an ongoing exchange of mutual interests
over the coming year and beyond.
As you may recall, the Downtown Pasco Development Authority (DPDA) has been a central partner to the
City and the Pasco-Colima initiative, specifically in the area of arts and cultural exchange, and the DPDA
Board President Gabriel Portugal was a member of our October delegation. During that visit, Mr. Portugal
and members of the delegation discussed the possibility of initiating an arts and culture exchange around
the Pasco Cinco de Mayo Festival, which will take place during the week of April 27-May 2, 2020. The
DPDA is the managing entity of the festival.
The City of Pasco and DPDA Board of Directors wish to extend an invitation for you to participate in the
2020 Pasco Cinco de Mayo Festival, and serve as the Honorary Grand Marshall of the annual Cinco de
Mayo Parade, which will take place on May 2, 2020.
Governor Peralta, it has been one of my greatest honors as the Mayor of Pasco to visit your beautiful State
of Colima and establish the Pasco-Colima Cooperation and Friendship Agreement. It would be a distinct
honor for the entire community for you to join us in celebrating our largest festival of the year. If there is
anything that we can do to facilitate your visit to Pasco, please do not hesitate to ask.
Please note that Michael Morales will continue to coordinate with Jacqueline Aguilar on logistical matters
related to this request as well as the initiative as a whole. Mr. Morales’s contact information is 1-509-426-
9070, or michael@tonallidevelopment.com.
The City of Pasco and DPDA Board eagerly await your response and will be delighted to address any
questions you may have regarding this request.
Sincerely,
Matt Watkins, Mayor
Page 80 of 84
AGENDA REPORT
FOR: City Council December 3, 2019
TO: Dave Zabell, City Manager Special Meeting: 12/9/19
FROM: Steve Worley, Director
Public Works
SUBJECT: Basin Disposal Inc. - Amendment to 2020 Rates
I. REFERENCE(S):
BDI Proposed Rates for 2020
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to confirm the solid waste disposal rates for 2020 as presented by
BDI.
III. FISCAL IMPACT:
Solid Waste Rates proposed to increase 3.33% starting January 1, 2020.
IV. HISTORY AND FACTS BRIEF:
Basin Disposal Inc. (BDI) has provided collection and disposal of the City's residential
and commercial solid waste for several years. The current agreement with BDI,
negotiated in 2015, is for a 15 year-year term with automatic 1-year extensions of the
expiration date with each anniversary, unless notice of termination is provided per the
provisions of the agreement.
The agreement sets the terms and classes of service and provides the conditions for rate
increases, which may occur annually. Basic rate adjustments are tied to the Consumer
Price Index (CPI) (limited to 80% of any increase) while other adjustments (i.e. tipping
fees, disposal costs, etc.) due to outside vendors, may also be requested. The agreement
includes an annual rate adjustment cap of 5%.
V. DISCUSSION:
At the November 12, 2019 Council workshop, BDI staff presented information
regarding the proposed 2020 rate increase for solid waste collection and disposal.
Page 81 of 84
Subsequent to that presentation City and BDI staff met and further refined BDI's
proposal and focused specifically on increases in 'pass through' costs. Based on this
further review, BDI revised their formulas and cost allocations embedded with the BDI
rate analysis and reduced the increases to 'pass through' costs.
The newly proposed rate schedule reflects a reduction from what was previously
proposed and authorized in several rate categories, specifically those having a 'pass-
thru' disposal component and a collection component. All other rates that are classified
as either collection/service only or pass-thru disposal only are the same as what was
presented previously.
The rate for a standard residential 96-gallon container will increase from $20.58 per
month to $21.28 per month or 3.4%.
Per the contract, BDI is the retail provider to the customer and is responsible for the
notification of the proposed rate adjustment.
Page 82 of 84
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