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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 Page 1 of 84 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. Page 2 of 84 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 Page 5 of 84 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. Page 6 of 84 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 Page 10 of 84 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. Page 11 of 84 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 ._><_zm_.mm Q.o<o_.:o_. m._.>._.mO."<<>m_.__zo3z 03$3$5Qo<m3o_. 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E9W83‘5:25:55.H.$§ocm$_o§o?m.B.5.0358:mam..mmB:5mmuomwom33:3 owosgm?msoom.omwwibmmmonmoam5<5Q$m:m85%89%E>BQ.5m$63S0538. m.8a<m&oPmamo$5a$5505Bow»omcm25.$E:wms=%H5<oHaxwaiouoo.235%om$55oEE5n So:025355E9:ooBB:::5m.Uabmwsm<&.$_$55$5?5395@Q.mu5oa<5monQmmamva wo8o<5S:o5.NBQ.ESBEH.¢<mm$msm8:mS.5Wmm?osmommumosaooBB:::5mm51o$5Hcaomcmo ow$5:$56038:083.8303. @755m:om$55%?omm833Homo?o?o?wwom?nr$5m$5:E:2omm?855osamoss?dm 613938mmmammo?maaaaon$5mS:5cm:3?$52H<_o$5Howmxzam...Wmoca e?aa...mo.mox88».O_<3_u_m_<<mm:__..o8:ommogoom.ems8?:I.<<<s2.oo<m3o22m.oo<99 Exhibit CPage 24 of 84 12.5HHo5oH.mHVHoH<HHoHEoHH.oBH.oo Zo<aBHva~9NH:o wmmoN oosdgxmooBBH.::oBmmmmmmoH.Hmoawow58%;?Bo?<:H:Q.wHvHa.Hkoma20Hdamo?HHEH.omEa M98998Homzmoom€oH.HnH2HnHo.B08Em:HER8.0oEHnH8=. HHS.Emmaaammosm.HmmH1H§9:W88.3mHHo€QH8mono?8HanawmBmswHamsmaommmSoH55 5H59.«am?35mH5cHnHEH5.3:8cacnmgoow:3<HHHHbm.8moon?358mmBHHHom5.8$5? _.§m&§o593SHHHca€oHooBQHH5854\mmE:mHobm.B.8. H85.3:.s.oc,cHanH39%>mBH:Hm.:mHHobvm%%oca8H.oHu:moo8mo:HaBoEmumnHHmmwHuoH:.8nH HHEH5%om:mowmoo:mEQ.mHvH<HmmroaDEBUOH.3.Bmsmoom29:§§£§&.HrowoH5:QHHH HmoomiwaHH5wsooammSoor:$2.;H:Eaoonmsmmama2H5:H55mnHBH:Hm.Qmmo:H.a<HmHHmHH5 358omw3.NQNH. 3&5:HE20mHmBHHomEoosooasmmwo?90HBH.omEo=om€5.90:oosmo?8nHE8Bo:.aEnos m.S.8mmumHoomH_.E.Hm&omodmmmmoonnmmos88ooH/mum:92.Homcmaam3Hama.:HoBaE38% SoHH.m.UoHu8.HBo:Homm.B.8.m$0030:mumHuHmooBoBHumomam?.¢<oSHHHH6EoamdmEH9OCH. Hoomsnom.895:3HHEH90%:EHQm.BEHSo3&8:oodmo?H.o@H.HHH.oQom$53SDQOH.mo33% mam825:8:uH:.8~EHv8mHRmsmoo8monHoBoEHm¢<mmH:dm8:maa.Hz:208mQ.<oEa1mH:.Ho oH§HHo:moEamoSmmm8nH:HH.oBa:.aH:$5m??a. <0?HE?won? mmHamma QO<®H.DOH. CO”080%HAEHBPUH8o.§../<mmE:mHoPUh.omapQ0333H3H:mHoa 032HA.O.OoHEaHHuHu_.H:oHH§HU85>mmHm.BEmao8.BJaHw?amcowEagop Hwomcmowm.mumH<HHmSHHo: mmamrHuo?amos.OHHHWOmmomowHwomsmaomamHBBHmB:H>mmHmHm:oo.¢<mmE:m.8dW88 UoH.m?Ba§ommooHmHmumHHQHEmadmoom 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 ) -)ss. 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 c?huu _N___\_,\ V V _ ,_Notary Public 'the_State of Washington, TONI L.ZUNKER Residing at NOTARY PUBLIC My Commission Expires: sum:or WASHINGTON cowtsstou amass 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 mo.moxwmmo Hummno.E»Swomwmmo 25%Bow.ma?a axace_.§.mm: HuoooB_ua_.nr8% m8<m¢<o_.Ha% H.:¢HHo€018U:.mo.8_. Sm2ma><a maH:oo_. 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