HomeMy WebLinkAbout2022.07.11 Council Workshop Packet
AGENDA
City Council Workshop Meeting
7:00 PM - Monday, July 11, 2022
City Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City Council
Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum
Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive
and on the City’s Facebook page at www.facebook.com/cityofPasco.
To listen to the meeting via phone, call (631) 992-3211 and use access code
613-585-088.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. VERBAL REPORTS FROM COUNCILMEMBERS
5. ITEMS FOR DISCUSSION
3 - 66 (a) Automated Photo Enforcement Program - Study Results
67 - 104 (b) Presentation: I-182/Broadmoor Interchange Access Revision
Report (ARR)
Presented by Aaron Berger, Senior Transportation Engineer with DKS
Associates.
105 - 108 (c) Resolution - Washington State Department of Commerce Award -
Community Development Block Grant (CDBG-CV2)
109 - 115 (d) Pasco Arts and Culture Commission Grant Program
116 - 129 (e) Resolution - Bonneville Power Land Use Agreement Supplement
No. 1 for PWRF project Phase 1
Page 1 of 131
6. MISCELLANEOUS COUNCIL DISCUSSION
7. EXECUTIVE SESSION
(a) Consideration of the minimum offering price for sale or lease of
real estate per RCW 42.30.110(1)(c).
8. ADJOURNMENT
9. ADDITIONAL NOTES
130 - 131 (a) Adopted 2020-2021 Council Goals (Reference Only)
(b) REMINDERS
• Monday, July 11, 12:00 PM: Pasco chamber of Commerce
Lunch Meeting
• Monday, July 11, 6:00 PM: Old Fire Pension Board Meeting
– City Hall Conference Room 1, Pasco City Hall (MAYOR
BLANCHE BARAJAS, Rep.; MAYOR PRO TEM CRAIG
MALONEY, Alt.)
• Thursday, July 14, 4:30 PM: Pasco School District (PSD)
Skilled & Technical Advisory Committee – Virtual
(COUNCILMEMBER DAVID MILNE)
• Thursday, July 14, 7:00 PM: Ben Franklin Transit Board
Meeting – Transit Facility (COUNCILMEMBER JOSEPH
CAMPOS Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.)
• Friday, July 15, 10:00 AM: Benton-Franklin Council of
Governments Board Meeting – Ben-Franklin Transit, 1000
Columbia Park Trail, Richland (COUNCILMEMBER NIKKI
TORRES, Rep., COUNCILMEMBER JOSEPH CAMPOS, Alt.)
• Monday, July 18, 6:00 PM: LEOFF Disability Board – City
Hall Conference Room 1, Pasco City Hall (MAYOR BLANCH
BARAJAS, Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum 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 2 of 131
AGENDA REPORT
FOR: City Council June 29, 2022
TO: Dave Zabell, City Manager City Council Workshop
Meeting: 7/11/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Automated Photo Enforcement Program - Study Results
I. REFERENCE(S):
Data Analysis and Evaluation
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
N/A, report on intersection performance.
IV. HISTORY AND FACTS BRIEF:
On August 8, 2018, Council authorized the use of electronic traffic enforcement
at two intersections in the City of Pasco; 20th Avenue/Court Street and Road
68/Burden Blvd. Shortly thereafter, Council authorized the execution of a
contract with Redflex for the placement of traffic safety cameras at the
aforementioned intersections.
The cameras were installed in Spring of 2019 and fully operational by early
summer. After a 60-day period of issuing warnings to violators, the City began
issuing citations in mid-August of 2019.
Council’s authorization of the use of the Automated Photo Enforcement Program
was conditioned in part on reporting back the impact these cameras were having
on intersection safety. Accordingly, staff commissioned such an evaluation
through DKS Associates, an engineering firm specializing in transportation and
traffic safety.
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DKS Associates, a qualified traffic engineering firm, conducted an initial study
(using limited data from September 2019 to June 2020) to evaluate the initial
effects of implementing the enforcement program to aid the City in decision -
making. That evaluation concluded that red-light running seemed to be reducing
over time. The after period for crash data was only 4 months and partially during
the time of the pandemic shutdown, so while the frequency of collisions reduced
during this period, the study recommended that more time would be required to
conduct a future safety analysis after conditions normalized and more
information was available.
V. DISCUSSION:
Recently, Public Works staff commissioned an update of the initial study to
evaluate the effectiveness of photo enforcement equipment in improving
intersection safety.
This current evaluation of the effect of automated photo enforcement at the two
authorized intersections resulted in the following findings:
• Safety has improved. Before-and-after data indicate a clear downward
trend in crash frequency at both intersections.
• Red-light running frequency has seen mixed results. With the addition
of the automated enforcement system, red-light running patterns slightly
reduced, increased, or remained stagnant, depending on location and
direction of travel.
Brian Chandler of DKS will provide the attached presentation to review the
details of these findings.
Staff will continue to monitor the effect of the program over time and update as
necessary.
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EXCLUSIVE AGREEMENT BETWEEN THE CITY OF PASCO,WASHINGTON AND REDFLEX
TRAFFIC SYSTEMS,INC.FOR AN AUTOMATED PHOTO ENFORCEMENT PROGRAM
This Agreement (this “Agreement”)is made this ‘.367 day of A/57:):/H/'3E/1-20 /5’
(“Effective Date”)between Red?ex Traf?c Systems,Inc.,a Delaware Corporation (“Red?ex”),and the
City of Pasco,Washington,a municipal corporation (the “City”and/or the “City”)(each a “Party”and
collectively,the “Parties”),for an Automated Photo Enforcement Program.
RECITALS
Violations of Wash.Rev.Code §§46.61.050 and 46.61.055,and local ordinances of the Pasco
Municipal Code for failing to stop for a red light or failing to obey a red arrow,have been shown
to pose a significant risk to life and property.
It is the objective of the Automated Photo Enforcement Program to reduce the incidents of vehicle
collisions at the traffic intersections that are subject to the Program;
Red?ex has exclusive knowledge,possession and ownership of certain equipment,licenses,
applications,and citation processes related to the Automated Photo Enforcement Program;and
On or about September 1,2017,the National Cooperative Purchasing Alliance (“NCPA”)awarded
Red?ex the Traffic Control,Enforcement,&Signal Preemption Equipment contract to allow
NCPA member agencies the opportunity to procure photo enforcement equipment;
As an NCPA member agency,the City desires to procure photo enforcement services through the
NCPA;and
The City desires that Red?ex furnish and Red?ex desires to furnish all equipment,licenses,
applications and back office processing related to the Automated Photo Enforcement Program,
including digital traffic enforcement cameras and equipment for the monitoring and enforcement
of laws regulating traffic signals.
The Parties accordingly agree as follows:
AGREEMENT
1.DEFINITIONS.In this Agreement,the words and phrases capitalized below shall have the following
meanings:
1.1.
1.2.
1.3.
1.4.
1.5.
1.6.
“Authorized Employee”means the Project Manager or such other individua1(s)as the City shall
designate to review Potential Violations and to authorize the issuance of Citations.
“Authorized Violation”means each Potential Violation in the Violation Data for which
authorization to issue a citation in the form of an Electronic Signature is given by the Authorized
Employee by using the Red?ex System.
“Automated Photo Enforcement Program"or “the Program”are interchangeable and
synonymous and mean the process by which the monitoring,identi?cation and enforcement of
Violations is facilitated by the use of certain equipment,applications and back office processes of
Red?ex,including but not limited to cameras,?ashes,central processing units,signal controller
interfaces and sensor arrays which,collectively,are capable of detecting Violations and
recording Violation Data in the form of photographic images of motor vehicles.
“Business Rules”means the set of rules,guidelines,structures and methods of operation that
defuie specific operational components of the Program.
“Citation”means the notice of a Violation,which is mailed or otherwise delivered by Red?ex on
behalf of the City to the violator on the appropriate Enforcement Documentation for each
Authorized Violation.
“Con?dential or Private Information”means,with respect to any Person,any information,matter
or thing of a secret,con?dential or private nature,whether or not so labeled,which is connected
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with such Person’s business or methods of operation or concerning any of such Person’s
suppliers,licensors,licensees,customers or others with whom such Person has a business
relationship,and which has current or potential value to such Person or the unauthorized
disclosure of which could be detrimental to such Person,including but not limited to:
1.6.1.Matters of a business nature,including but not limited to information relating to
development plans,costs,?nances,marketing plans,data,procedures,business opportunities,
marketing methods,plans and strategies,the costs of construction,installation,materials or
components,the prices such Person obtains or has obtained from its clients or customers,or at
which such Person sells or has sold its services;and
1.6.2.Matters of a technical nature,including but not limited to product information,trade
secrets,know-how,formulae,innovations,inventions,devices,discoveries,techniques,formats,
processes,methods,speci?cations,designs,patterns,schematics,data,access or security codes,
compilations of information,test results and research and development projects.For purposes of
this Agreement,the term “trade secrets”shall have the meaning provided under Washington law.
1.6.3.Notwithstanding the foregoing,Con?dential Information will not include information
that:(i)was generally available to the public or otherwise part of the public domain at the time of
its disclosure,(ii)became generally available to the public or otherwise part of the public domain
after its disclosure and other than through any act or omission of a Party in breach of this
Agreement,(iii)was lawfully disclosed to a Party by a person other than a Party,(iv)was
required by a court of competent jurisdiction to be disclosed,or (V)was required by applicable
state law to be disclosed.
1.7.“Designated Intersection Approaches”means the Intersection Approaches that the Parties
mutually agree on from time to time.See Exhibit A for the number of approaches.
1.8.“Electronic Signature”means the method through which the Authorized Employee indicates his
or her approval of the issuance of a Citation for a Potential Violation using the Redtlex System.
1.9.“Enforcement Documentation”means the necessary and appropriate documentation related to the
Program,including but not limited to warning letters,Citation notices (using the specifications of
the applicable court(s)and the City,a numbering sequence for use on all citation notices (in
accordance with applicable court niles),instructions to accompany each issued Citation
(including in such instructions a description of basic court procedures,payment options and
information regarding the viewing of images and data collected by the Red?ex System),chain of
custody records,criteria regarding operational policies for processing Citations (including for
coordinating with the applicable vehicle registry),and technical support documentation for
applicable court and judicial of?cers.
1.10.“Eguipment”means any and all approach cameras,sensors,equipment,components,products,
software and other tangible and intangible property relating to the Program.
1.11.“E”means a monetary surn assessed for a Citation,including but not limited to bail
forfeitures,but excluding suspended fines.
1.12.“Governmental Authority"means any domestic or foreign government,governmental authority,
court,tribunal,agency or other regulatory,administrative or judicial agency,commission or
organization,and any subdivision,branch or department of any of the foregoing.
1.13.“Installation Date”means the date on which Red?ex completes the construction and installation
of all Intersection Approaches,approved by the Parties as part of the Initial Installation Group
(defined in Exhibit “B”)and has completed the Warning Period in accordance with the terms of
this Agreement so that the Intersection Approaches are fully operational for the purposes of
functioning with the Program.
1.14.“Intellectual Property”means,for any Person,any and all now known or later known tangible
and intangible (a)rights associated with works of authorship throughout the world,including but
not limited to copyrights and mask—works,(b)trademark and trade name rights and similar rights,
(c)trade secrets rights,((1)patents,designs,algorithms and other intellectual or industrial
property rights,(c)all other intellectual and industrial property rights (of every kind and nature
throughout the universe and however designated),whether arising by operation of law,contract,
license,or otherwise,and (0 all registrations,initial applications,renewals,extensions,
continuations,divisions or reissues in force (including any rights in any of the foregoing),of such
Person.
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1.15.“ntersection Approac ”means a conduit of travel with up to four (4)contiguous lanes from the
curb (e.g.,northbound,southbound,eastbound or westbound)on which at least one (1)system
has been installed for the purposes of facilitating the Program by the City.
1.16.“Lost Pro?ts”means pro?ts that would have been received by a Party had the other Party fully
performed this Agreement,including,but not limited to (a)revenues that would have been
received by the City on account of Citations that might have been issued during periods in which
the Red?ex System was not functioning properly,and (b)amounts that must be refunded or
disgorged by the City due to Fines collected as a result of an improper or invalidly issued
Citation.
1.17.“Operational Period”means the period of time during the Term,commencing on the Installation
Date,during which the Program is functional in order to permit the issuance of Citations using
the Red?ex System.
l.l8.“Person”means a natural individual,company,Governmental Authority,partnership,?rm,
corporation,legal entity or other business association.
l.l9.“PLATESCAN®System”means the license plate scanning system ofRed?ex.
1.20.“Potential Violation”means for any motor vehicle passing through a Designated Intersection
Approach,the data collected by the Red?ex System concerning such motor vehicle,which data
shall be processed by the Red?ex System for the purposes of allowing the Authorized Employee
to review such data and determine whether a traf?c violation has occurred.
1.21.“Project Manager”means the project manager appointed by the City in accordance with this
Agreement,which shall be an Authorized Employee and shall be responsible for overseeing the
installation of the Red?ex System at the Designated Intersection Approaches and the
implementation of the Program,and which manager shall have the power and authority to make
management decisions relating to the City’s obligations pursuant to this Agreement,including
but not limited to change order authorizations.
1.22.“Proprietag Property”means for any Person,any written or tangible property owned or used by
such Person in connection with such Person’s business,whether or not such property is
copyrightable or also quali?es as Con?dential Information,including without limitation
products,samples,equipment,?les,lists,books,notebooks,records,documents,memoranda,
reports,patterns,schematics,compilations,designs,drawings,data,test results,contracts,
agreements,literature,correspondence,spread sheets,computer programs and software,
computer print outs,other written and graphic records and the like,whether originals,copies,
duplicates or summaries thereof,affecting or relating to the business of such Person,?nancial
statements,budgets,projections and invoices.
1.23.“Red?ex Marks”means all trademarks registered in the name of Red?ex or any of its af?liates,
such other trademarks as are used by Red?ex or any of its affiliates on or in relation to the
Program at any time during the Term,service marks,trade names,logos,brands and other marks
owned by Red?ex,and all modi?cations or adaptations of any of the foregoing.
1.24.“Red?ex Project Manager"means the project manager appointed by Red?ex in accordance with
this Agreement,who shall be responsible for overseeing the construction and installation of the
Red?ex System and related equipment at the Designated Intersection Approaches and the
implementation and ongoing services of the Program,and who shall have the power and
authority to make day-to-day management decisions relating to Red?ex’s obligations pursuant to
this Agreement;provided,however,the Red?ex Project Manager does not have the authority to
authorize change orders without additional Red?ex approvals.
l.25.“Redflex System”means,collectively,the Salus®System,SMARTcam®System,the
SMARTscene®System,REDFLEXred®System,REDFI.EXradar®”System,SMARTops®
System,Alcyon System,HALO,the Program,and all of the other equipment,applications,
software,hardware,back of?ce processes,servers,off-site backup systems,cameras,sensors,
components,motor vehicles and other related tangible and intangible property,to enable Red?ex
to enforce a minimum of one lane of travel at a designated location.
1.26.“REDFLEXradar®”means the detection and tracking system of Red?ex relating to the Program.
1.27.“REDFLEXrail®System”means the proprietary digital railroad grade crossing photo
enforcement system of Red?ex.
1.28.“REDFLEXred®System"means the proprietary digital red light photo enforcement system of
Red?ex relating to the Program.
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1.29.“REDFLEXslimline®System”means the proprietary photo enforcement system of Red?ex.
1.30.“Salus®System”means the proprietary software that controls the systems of Red?ex relating to
the Program.
1.31.“REDFLEXspeed®System”means the proprietary speed enforcement system of Red?ex.
1.32.“REDFLEXstop®System"means the proprietary stop sign enforcement system of Red?ex.
1.33.“SMARTcam®System”means the proprietary software system that controls the systems of
Red?ex relating to the Program.
1.34.“Alcyon System”means the proprietary back»office processes of Red?ex relating to the
Program.
1.35.“SMARTscene®System”means the proprietary digital video camera unit,hardware and
software required for providing supplemental violation data relating to the Program.
1.36.“Traffic Signal Controller Boxes”means the signal controller interface and vehicle detection
owned and operated by the City.This includes the City’s traf?c controller,the City’s vehicle
detection equipment,the City’s communication equipment,and the City’s controller cabinet.
1.37.“Violation”means any traf?c violation as provided for in any applicable rule,regulation or law
of any other Governmental Authority,including but not limited to operating a motor vehicle
contrary to traffic signals,and operating a motor vehicle without displaying a valid license plate
or registration.
l.38.“Violation Criteria”means the standards and criteria by which Potential Violations will be
evaluated by Authorized Employees of the City,which standards and criteria shall include,but
are not limited to,the duration of time that a traffic light must remain red prior to a Violation
being deemed to have occurred,and the location(s)in an intersection which a motor vehicle must
pass during a red light signal prior to being deemed to have committed a Violation,all of which
shall be in compliance with all applicable laws,rules and regulations of Governmental
Authorities.Should physical criteria change which requires additional modification to the
Program or its detection equipment,any costs incurred in connection with such modi?cations
shall be the responsibility of the City.
1.39.“Violations Data”means the images and other Violations data gathered by the Red?ex System at
the Designated Intersection Approaches.
1.40.“Waming Perio "means the period of time after the installation and activation of the first
Designated Intersection Approach during which period only warning notices shall be issued for a
period of thirty (30)days,unless otherwise agreed to by the Parties.
TERM.The term of this Agreement shall commence on the Installation Date and continue for a
period of three (3)years,unless terminated earlier as provided for in this Agreement (“Initial Term”).
The Initial Term shall automatically renew for up to two (2)additional consecutive one (1)year time
periods (each a “Renewal Term”).The Initial Term together with each exercised Renewal Term is
collectively the “Term.”Each Renewal Term shall automatically and without any required notice or
action be deemed to have been exercised unless the City provides written notice to Red?ex in
accordance with Section 9 of its election not to extend at least thirty (30)days prior to the expiration of
the Initial Term or the applicable Renewal Term.In its sole discretion the City may elect not to extend
under this Section.
SERVICES.Red?ex shall provide the following services in connection with the Program [such
services,including those outlined in Exhibits B and C are subject to change based on local and State
law]:
3.1.INSTALLATION.With respect to the construction and installation of the Designated
Intersection Approaches and the installation of the Red?ex System at such Designated
Intersection Approaches,the City and Red?ex shall have the respective rights and obligations set
forth on Exhibit B.
3.2.MAINTENANCE.With respect to the maintenance of the Red?ex System at the Designated
Intersection Approaches,the City and Red?ex shall have the respective rights and obligations set
forth on Exhibit C.
3.3.VIOLATION PROCESSING.During the Operational Period,Violations shall be processed as
follows:
3.3.1.All Violations Data shall be stored on the Red?ex System;
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3.4.
3.5.
3.6.
3.3.2.The Red?ex System shall process Violations Data gathered from the Designated
Intersection Approaches into a format capable of review by the Authorized Employee via
the Red?ex System;
The Red?ex System will be accessible by Authorized Staff through a secure and encrypted
connection by use of a con?dential user account on a computer equipped with a high-
speed Internet connection and an approved web browser;
Within six (6)days after gathering the Violations Data from the applicable Designated
Intersection Approach,Red?ex shall provide the Authorized Employee with access to the
Red?ex System for the purposes of reviewing the pre-processed Violations Data;
The City shall cause the Authorized Employee to review the Violations Data and to
determine whether a Citation shall be issued with respect to each Potential Violation
captured within such Violations Data,and transmit each such determination in the form of
an Electronic Signature to Red?ex using the software or other applications or procedures
provided by Redflex on the Red?ex System for such purpose.REDFLEX
ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A CITATION
SHALL BE THE SOLE,UNILATERAL AND EXCLUSIVE DECISION OF THE
AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED
EMPLOYEE’S SOLE DISCRETION (A “CITATION DECISION”),AND IN NO
EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE
A CITATION DECISION;
For each Authorized Violation,Red?ex shall print and mail a Citation after Red?ex’s
receipt of such authorization;provided,however,during the Warning Period,only warning
violation notices shall be issued for all Authorized Violations;
Red?ex shall provide a toll—freetelephone number for the purposes of answering citizen
inquiries;
Red?ex shall permit the Authorized Employee to generate reports using the Red?ex
Standard Report System;
Upon Red?ex’s receipt of a written request from the City and in addition to the Standard
Reports,Red?ex will provide,without cost to the City,access to a reporting tool to allow
the City to generate reports;
3.3.10.During the six (6)month period following the Installation Date and/or upon Red?ex’s
receipt of a written request from the City at least fourteen (14)calendar days in advance of
a court proceeding,Red?ex shall provide at its expense expert witnesses for use by the
City in prosecuting Violations;provided,however,the City shall use reasonable best
efforts to seek judicial notice in lieu of requiring Red?ex to provide such expert witnesses.
After the initial six (6)month period,the City shall be obligated to reimburse Red?ex for
the cost of expert witnesses provided at the City’s request.
3.3.l1.Duiing the three (3)month period following the Installation Date,Red?ex shall provide
training to City personnel as shall be reasonably necessary to allow City personnel to act
as expert witnesses on behalf of the City.
RECORDS RETENTION.Red?ex shall retain Violations Data in accordance with all applicable
law as outlined in the Business Rules.
PROSECUTION AND COLLECTION’COMPENSATION.The City shall diligently prosecute
Citations and the collection of all Fines related to the Citations.Red?ex shall have the right to
receive,and the City shall be obligated to pay Red?ex,the compensation set forth on Exhibit D.
On no less than a monthly basis and no later than the 15"‘calendar day following the end of the
previous month,the City shall provide to Red?ex a report,in a format to be mutually agreed to
between the Parties and without cost to Red?ex,regarding the Pines and monies collected that
are attributable to the Program so that the Parties may comply with the cost neutrality provisions
set forth on Exhibit “D”attached hereto and incorporated by reference into this Agreement.
TAXES.Where obligated by applicable law,Red?ex shall timely pay all taxes relating to or
arising out of the Program.Unless otherwise indicated,the City agrees to pay any applicable
taxes including but not limited to use,property or sales taxes required at the municipal,county,
state or any other taxing authority level on all applicable consumer services and materials
purchased and/or leased.No charge by the City shall be made for federal excise taxes and City
agrees to furnish Red?ex with an exemption certi?cate where appropriate for any applicable
3.3.3.
3.3.4.
3.3.5.
3.3.6.
3.3.7.
3.3.8.
3.3.9.
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sales and/or use taxes.For the avoidance of doubt,it is the Parties intent that this Agreement does
not alter the tax liability of either Party under the applicable law.
3.7.OTHER RIGHTS AND OBLIGATIONS.In addition to all of the other rights and obligations set
forth in this Agreement,Red?ex and the City shall have the respective rights and obligations set
forth on Exhibit E.
3.8.CHANGE ORDERS.
3.8.1.The City may from time to time request changes to the work required to be performed or
the addition of products or services to those required pursuant to the terms of this
Agreement by providing written notice to Red?ex,setting forth in reasonable detail the
proposed changes (a “Change Order Notice”).Upon Red?ex’s receipt of a Change Order
Notice,Red?ex shall deliver a written statement describing the cost,if any (the “Change
Order Proposa ”).The Change Order Proposal shall include (i)a detailed breakdown of the
charge and any schedule impact,(ii)a description of any resulting changes to the
speci?cations and obligations of the Parties,(iii)a schedule for the delivery and other
performance obligations,and (iv)any other information relating to the proposed changes
reasonably requested by the City.Following the City’s receipt of the Change Order
Proposal,the Parties shall negotiate in good faith and agree in writing to a plan and
schedule for implementation of the proposed changes,the time,manner and amount of
payment or price increases or decreases,as the case may be,and any other matters relating
to the proposed changes;provided,however,in the event that any proposed change
requested within one year of the Effective Date involves only the addition of equipment or
services to the existing Designated Intersection Approaches,to the maximum extent
applicable,the pricing temis set forth in Exhibit D shall govern.Any failure of the Parties
to reach agreement with respect to any of the foregoing as a result of any proposed
changes shall not be deemed to be a breach of this Agreement provided each Party acted in
good faith.
3.8.2.In the event that the change outlined in the Change Order Notice and the Change Order
Proposal,and approved by the Parties,concerns moving an installed Red?ex System to a
new Designated Intersection Approach,then the City shall be responsible for the costs
associated with the removal and reinstallation of the Red?ex System and the Term of this
Agreement shall be extended by the number of days equal to the period of time in which
the Red?ex System at issue is inactive,if that period of time is fourteen (14)or more
calendar days,unless the City chooses to continue paying the Fixed Monthly Fee ,as
outlined in Exhibit D,during such period of time.
3.9.ROAD REPAIRS AND CONSTRUCTION PROJECTS.The Fixed Monthly Fee to be paid will
not be affected by any road repairs,street improvements or stop work order at any Designated
Intersection Approach.
3.l0.ANNUAL REPORT.On an annual basis,the City shall report,on the City’s website,the
number of traffic accidents that occurred at each Designated Intersection Approach,as well as the
number of notices of infraction issued for each camera and any other relevant information about
the Program that the City deems appropriate.
3.ll.FUTURE SERVICES.If Washington law allows,now or in the future,a Governmental
Authority to suspend the ability to register a vehicle,as controlled by the Washington
Department of Transportation,for Persons with delinquent or unpaid ?nes,whether criminal or
civil,upon mutual agreement the Parties have the option to mutually agree to execute an
amendment to this Agreement for Red?ex to provide the City certain automated scof?aw
services under its ASP and ASP2 Programs,as applicable,to implement such law.
4.LICENSE;RESER VATION OF RIGHTS.
4.1.LICENSE.Subject to the terms and conditions of this Agreement,Red?ex grants the City,and
the City accepts from Red?ex,a non-exclusive,non-transferable license during the Term to:(a)
solely within the City,access and use the Red?ex System for the sole purpose of reviewing
Potential Violations and authorizing the issuance of Citations pursuant to the terms of this
Agreement,and to print copies of any related content posted on the Red?ex System,(b)disclose
that Red?ex is providing services to the City in connection with Program pursuant to the terms of
this Agreement,and (c)use and display the Red?ex Marks on or in marketing,public awareness
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4.2.
4.3.
4.4.
4.5.
4.6.
4.7.
or education,or other publications or materials relating to the Program,so long as any and all
such publications or materials are approved in advance by Red?ex.
RESERVATION OF RIGHTS.The City acknowledges and agrees that:(a)Red?ex is the sole
and exclusive owner of the Red?ex System,the Red?ex Marks,all Intellectual Property arising
from or relating to the Red?ex System,and any and all related Equipment,(b)the City neither
has nor makes any claim to any right,title or interest in any of the foregoing,except as
speci?cally granted or authorized under this Agreement,and (c)by reason of the exercise of any
such rights or interests of the City pursuant to this Agreement,the City shall gain no additional
right,title or interest.
RESTRICTED USE.The City covenants and agrees that it shall not (a)make any modi?cations
to the Red?ex System,including but not limited to any Equipment,(b)alter,remove or tamper
with any Red?ex Marks,(c)use any of the Red?ex Marks in any way which might prejudice
their distinctiveness,validity or Red?ex’s goodwill,((1)use any trademarks or other marks other
than the Red?ex Marks in connection with the City’s use of the Red?ex System pursuant to the
terms of this Agreement without first obtaining the prior consent of Red?ex,or (e)disassemble,
de-compile or otherwise perform any type of reverse engineering to the Red?ex System,the
Red?ex Program,including but not limited to any Equipment,or to any Intellectual Property or
Proprietary Property of Red?ex,or cause any other Person to do any of the foregoing.
PROTECTION OF RIGHTS.Red?ex shall have the right to take whatever action it deems
necessary or desirable to remedy or prevent the infringement of any Intellectual Property of
Red?ex,including without limitation the ?ling of applications to register as trademarks in any
jurisdiction any of the Red?ex Marks,the ?ling of patent application for any of the Intellectual
Property of Red?ex,and making any other applications or ?lings with appropriate Governmental
Authorities.The City shall not take any action to remedy or prevent such infringing activities,
and shall not in its own name make any registrations or ?lings with respect to any of the Red?ex
Marks or the Intellectual Property of Red?ex without the prior written consent of Red?ex.
INFRINGEMENT.The City shall give Red?ex prompt notice of any activities or threatened
activities of any Person of which it becomes aware that infringes or violates or potentially
infringes or violates the Red?ex Marks or any of Red?ex’s Intellectual Property or that constitute
or potentially constitute a misappropriation of trade secrets or act of unfair competition that
might dilute,damage or destroy any of the Red?ex Marks or any other Intellectual Property of
Red?ex.Red?ex shall have the exclusive right,but not the obligation,to take action to enforce
its rights to protect its Marks and Intellectual Property and to make settlements relating to its
Marks and Intellectual Property.In the event that Red?ex commences any enforcement action
relating to its Marks or Intellectual Property,the City shall provide Red?ex with any reasonable
and lawful cooperation and assistance that Red?ex requests.Red?ex shall be entitled to any
damages or other monetary amount that might be awarded provided that prior to deduction of
Red?ex’s actual costs and attorney's fees;Red?ex shall reimburse the City for any reasonable
costs incurred in providing such cooperation and assistance.
INFRINGING USE.The City shall give Red?ex prompt written notice of any action or claim,
whether threatened or pending,against the City alleging that the Red?ex Marks,or any other
Intellectual Property of Red?ex,infringes or violates any patent,trademark,copyright,trade
secret or other Intellectual Property of any other Person,and the City shall provide to Red?ex
reasonable cooperation and assistance as is requested by Red?ex;provided,that Red?ex shall
reimburse the City for its reasonable costs incurred in providing such cooperation and assistance.
If Red?ex determines,in the exercise of its sole discretion,that an infringement may exist,
Red?ex shall have the right,but not the obligation,to procure for the City the right to keep using
the allegedly infringing items,modify them to avoid the alleged infringement or replace them
with non-infringing items.
UNAUTHORIZED REFERENCES TO REDFLEX.The City shall not utilize,make use of
and/or make any reference to Red?ex,its name or likeness,its affiliated,parent or subsidiary
companies or corporations,its logos,insignias,trademarks,trade names,brand,websites,
property,assets,products or services,including,but not limited to:“PLATESCAN®System”;
“REDFLEXradar®System”;“REDFLEXrail®System”;“REDFLEXred®System";
“REDFLEXslimline®System”;“REDFLEXspeed®System”;“REDFI_EXstop®System”;
“Red?ex Student Guardian®System”;“Salus®System”;“SMARTcam®System”;
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“SMARTops®System”;“SMARTscene®System”;and/or and any and all combinations,
variants and derivatives of the foregoing,for any reason or purpose without the prior written
approval of Red?ex which may be withheld,denied,delayed,rejected and/or refused,by Red?ex
in its sole discretion.This Section shall not prohibit the City from releasing information it is
required to release under the Public Records Act,Chapter 42.56 RCW as amended.
5.REPRESENTATIONS AND WARRANTIES.
5.1.REDFLEX REPRESENTATIONS AND WARRANTIES.
5.1.1.Authority.Red?ex warrants and represents that it has all right,power and authority to
execute and deliver this Agreement and perform its obligations.
5.1.2.Professional Services.Red?ex warrants and represents that any and all services that it
provides pursuant to this Agreement shall be perfonned in a professional and workmanlike
manner and in compliance with applicable law and by agreed upon specifications.
52 CITY REPRESENTATIONS AND WARRANTIES.
5.3.
5.2.1.Authori?.The City warrants and represents that the purchasing program it has relied
upon in entering into this Agreement,National Cooperative Purchasing Alliance
(“NCPA”),is an approved cooperative purchasing program,and the City has all legal
right,power and authority to execute and deliver this Agreement and perform its
obligations.The City warrants and represents that it has complied with all applicable laws
and regulations in entering into this Agreement,including State and Local procurement
laws,and will comply with all applicable laws and regulations in performing under this
Agreement.
Professional Services.The City warrants and represents that any and all services that it
provides pursuant to this Agreement shall be performed in a professional and workmanlike
manner and in compliance with applicable law and by agreed upon specifications.
LIMITED WARRANTIES.EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,
INCLUDING ANY MAINTENANCE OBLIGATIONS SET FORTH IN SECTION 3.2,
REDFLEX MAKES NO WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED,
INCLUDING,BUT NOT LIMITED TO,THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE,WITH RESPECT TO THE REDFLEX SYSTEM
OR ANY RELATED EQUIPMENTOR SOFTWARE,OR WITH RESPECT TO THE RESULTS
OF THE PROGRAM.
5.2.2.
6.TERMINATION.
6.1.
6.2.
TERMINATION:Either Party shall have the right to terminate this Agreement by written notice
to the other Parties if (i)state statutes are amended or otherwise changed to prohibit or
substantially change the operation of the Program;(ii)the highest appellate court for the State of
Washington rules that the Violations Data are inadmissible in evidence;or (iii)another Party
commits a material breach of this Agreement.In the event of a breach pursuant to (iii)above,the
breaching Party shall have the right to remedy or cure the material breach within forty-five (45)
calendar days (or within such other time period as the Parties shall mutually agree,which
agreement shall not be unreasonably withheld or delayed)after receipt of written notice from the
terminating Party setting forth in reasonable detail the facts giving rise to the material breach.
Tennination of this Agreement based upon an alleged material breach shall not be enforceable or
effective unless the terminating Party mails written notice to the breaching Party not less than
forty—?ve (45)calendar days before the termination date and provides to the breaching Party the
opportunity to remedy or cure the breach within the time period provided above.The right to
terminate this Agreement shall be without prejudice to any other right or remedy of any Party
with respect to the breach concerned (if any)or any other breach of this Agreement except as
otherwise provided in this Agreement.
TERMINATION FOR NON-APPROPRIATION.Notwithstanding any provision to the contrary,
if the City is unable to appropriate funds to fulfill its obligations under this Agreement,the City
shall give written notice to Red?ex not less than thirty (30)days prior to the end of the ?scal year
for which funds have already been appropriated,together with a ?nancial statement showing the
inability to appropriate funds for the next ?scal year,and this Agreement shall terminate at the
Page 12 of 131
6.3.
6.4.
end of the ?scal year in which notice is given.the City shall use all reasonable efforts to ensure
appropriated funds are available to satisfy the City’s obligations under this Agreement.
TERMINATION FOR CONVENIENCE.Either Party may terminate this Agreement upon 30
business days’written notice to the other Party of its intent to terminate this Agreement.If the
City chooses to exercise its option to terminate the Agreement for convenience,the City shall pay
to Red?ex an amount equal to the unamortized costs of the direct labor and direct material costs,
and capitalized costs,associated with the installation of all Intersection Approaches installed
pursuant to the terms of this Agreement based upon a three (3)year,month by month
amortization schedule for each Intersection Approaches (referred to as the “Approach 3-Year
Amortization Schedule”).This Approach 3«Year Amortization Schedule shall commence as of
the “Go Live"date of each Intersection Approach.Red?ex shall provide the City an itemized
estimate prior to the installation of an Intersection Approach re?ecting the cost of labor and
direct material costs.Following the installation of each Intersection Approach,Red?ex shall
provide an itemized statement,with supporting invoices and labor expense documentation,to the
City of the amount of direct labor costs and direct material costs solely associated with the
installation of an Intersection Approach.
PROCEDURES UPON TERMINATION.The termination of this Agreement shall not relieve
either Party of any liability that accrued before termination.Except as set forth in Section 6.4,
upon the termination of this Agreement,all of the provisions of this Agreement shall terminate
and:
6.4.1.Red?ex shall:(i)immediately cease to provide services,including but not limited to work
in connection with the construction or installation activities and services in connection
with the Program,provided,however,that,at its option,Red?ex may continue to process
data collected prior to the date of termination related to Potential Violations for the
purpose of enabling the City to detennine whether a Violation has occurred,and may
continue to print and mail Citations based on such data;(ii)promptly deliver to the City
any and all Proprietary Property or Con?dential Information of the City provided to
Red?ex pursuant to this Agreement,except for any information necessary for Red?ex,at
its option,to process pre~termination data in accordance with the preceding clause (i);(iii)
promptly deliver to the City a ?nal report regarding the collection of data and the issuance
of Citations in a format and for a period of time mutually agreed upon by Red?ex and the
City;(iv)promptly deliver to the City a ?nal invoice for all amounts owed by the City to
Red?ex for work performed and Citations issued by Red?ex prior to the termination;and
(V)provide such assistance as the City may reasonably request from time to time in
connection with prosecuting and enforcing Citations issued prior to the tennination of this
Agreement.Red?ex shall have no obligation to retain Violations Data after termination of
this Agreement.At termination and upon the City’s prior written request,Red?ex will
transfer the Violations Data to the City in accordance with a mutually agreed upon method
of transfer.The City shall be responsible for all costs associated with the transfer of the
Violations Data including but not limited to administrative costs,storage media and
storage media authoring device costs,and intemet bandwidth costs incurred in transferring
the Violations Data.Upon completion of the transfer of the Violations Data to the City,
Red?ex shall have no obligation or responsibility concerning the Violations Data.
The City shall (i)immediately cease using the Program,accessing the Red?ex System and
using any other Intellectual Property of Red?ex,except in accordance with Section
6.4.2(i)above,(ii)promptly deliver to Red?ex any and all Proprietary Property or
Con?dential Information of Red?ex provided to the City pursuant to this Agreement with
the exception that the City may maintain a copy of any records in its possession that may
be subject to applicable records retention laws and Chapter 42.56 RCW as amended,and
(iii)promptly pay Red?ex any and all fees,charges and amounts that the City owes
Red?ex for work performed and Citations issued prior to the termination,as outlined in
Exhibit D.
Unless the City and Red?ex have agreed to enter into a new agreement relating to the
Program or have agreed to extend the Term,Red?ex shall remove any and all above
ground level Equipment or other Red?ex materials installed in connection with Red?ex’s
6.4.2.
6.4.3.
Page 13 of 131
performance of its obligations under this Agreement and return the site to substantially the
same condition as it was at the time of the initial Equipment installation..
6.4.4.The City shall continue to pay to Red?ex a pro rata share of all monies or revenue
generated,collected and/or received by City after the termination of the Agreement that
are,in any way,a result of,associated with and/or attributable to,in whole or in part,the
products or services that Red?ex provided to the City pursuant to this Agreement.
6.5.SURVIVAL.Notwithstanding the foregoing,the de?nitions provided for in Section 1 and each
of the following Sections shall survive the termination of this Agreement:(i)Sections 4.2
(Reservation of Rights),5.1 (Red?ex Representations and Warranties),5.2 (City Representations
and Warranties),5.3 (Limited Warranties),7 (Con?dentiality),8 (Indemni?cation and Liability),
9 (Notices),10 (Dispute Resolution),11.1 (Assignment),11.17 (Injunctive Relief;Speci?c
Performance),11.18 (Applicable Law)and 11.19 (Jurisdiction and Venue),and (ii)any Section
in this Agreement which states,or evidences the intent of the Parties,that the Section survives
the expiration or termination of the Agreement,or must survive to give effect to the Section.
CONFIDENTIALITY.During the Term and for a period of three (3)years after its expiration or
termination,neither Party shall disclose to any third person,or use for itself in any way,any
Con?dential Information learned from the other Party during the course of the negotiations for this
Agreement or during the Term.Upon termination of this Agreement,each Party shall return to the
other all tangible Con?dential Information of such Party.For all requirements under Section 7,each
Party shall retain in con?dence and not disclose to any third party any Con?dential Information
without the other Party’s express written consent,except (a)to its employees who are reasonably
required to have the Con?dential Information,(b)to its agents,representatives,attorneys and other
professional advisors that have a need to know such Con?dential Information,provided that such
Parties undertake in writing (or are otherwise bound by rules of professional conduct)to keep such
information strictly con?dential,and (c)pursuant to,and to the extent of,a request or order by any
Governmental Authority,including laws relating to public records.
INDEMNIFI CATION AND LIABIL TY.
8,1.Indemni?cation by Red?ex.Subject to Section 8.3,Red?ex hereby agrees to defend and
indemnify the City,and its af?liates,shareholders,managers,of?cers,directors,employees,
agents,representatives and successors,permitted assignees and each of their af?liates,and all
persons acting by,through,under or in concert with them,or any of them (individually a “City
Party”and collectively,the “City Parties”)against,and to protect,save and keep harmless the
City Parties from,and to pay on behalf of or reimburse the City Parties as and when incurred for,
any and all liabilities,obligations,losses,damages,penalties,demands,claims,actions,suits,
judgments,settlements,costs,expenses and disbursements (including reasonable attorneys’,
accountants’and expert witnesses’fees)of whatever kind and nature (collectively,“Losses”),
which may be imposed on or incurred by any City Party arising out of or related to (a)any
material misrepresentation,material inaccuracy or material breach of any covenant,warranty or
representation of Red?ex contained in this Agreement or (b)the willful misconduct or negligence
of Red?ex,its employees or agents which results in death or bodily injury to any person or any
damage to any real or tangible personal property (including the personal property of third
parties),except to the extent caused by the willful misconduct or negligence of any City Party.
8.2.Indemni?cation by City.Subject to Section 8.3,the City hereby agrees to defend and indemnify
Red?ex and its affiliates,shareholders,managers,of?cers,directors,employees,agents,
representatives and successors,permitted assignees and all persons acting by,through,under or
in concert with them,or any of them (individually a “Red?ex Party”and collectively,the
“Red?ex Parties”)against,and to protect,save and keep hannless the Red?ex Parties from,and
to pay on behalf of or reimburse the Red?ex Parties as and when incurred for,any and all Losses
which may be imposed on or incurred by any Red?ex Party arising out of or in any way related
to (a)any material misrepresentation,material inaccuracy or material breach of any covenant,
warranty or representation of the City contained in this Agreement,(b)the willful misconduct of
the City,its employees,contractors or agents which result in death or bodily injury to any person
or any damage to any real or tangible personal property (including the personal property of third
parties),except to the extent caused by the willful misconduct or negligence of any Red?ex
Page 14 of 131
Party,or (c)any claim,action or demand challenging the City’s use of the Red?ex System or any
portion thereof,the validity of the results of the City’s use of the Red?ex System or any portion
thereof,or the validity of the Citations issued,prosecuted and collected as a result of the City’s
use of the Red?ex System or any portion thereof,except to the extent caused by the willful
misconduct or negligence ofany Red?ex Party.
83.Indemni?cation Procedures.In the event any claim,action or demand (a “Claim”)for which any
Party seeks indemni?cation from the other Party,the Party seeking indemni?cation (the
“Indemnified Party”)shall give the Party from whom indemni?cation is sought (the
“Indemnifying Party”)written notice of the Claim promptly after the Indemni?ed Party ?rst
becomes aware of the Claim;provided,however,that failure so to give such notice shall not
preclude indemni?cation with respect to such Claim except to the extent of any additional or
increased Losses or other actual prejudice directly caused by such failure.The Indemnifying
Party shall have the right to choose counsel to defend such Claim (subject to the approval of such
counsel by the Indemni?ed Party,which approval shall not be unreasonably withheld,
conditioned or delayed),and to control,compromise and settle such Claim,and the Indemnified
Party shall have the right to participate in the defense at its sole expense;provided,however,the
Indemni?ed Party shall have the right to take over the control of the defense or settlement of such
Claim at any time if the Indemni?ed Party irrevocably waives all rights to indemni?cation from
and by the Indemnifying Party.The Indemnifying Party and the Indemni?ed Party shall
cooperate in the defense or settlement of any Claim,and no Party shall have the right enter into
any settlement agreement that materially affects the other Party’s material rights or material
interests without such Party’s prior written consent,which consent will not be unreasonably
withheld or delayed.
8.4.LIMITED LIABILITY.Notwithstanding anything contrary in this Agreement,neither Party
shall be liable to the other Party for any special,incidental,indirect,consequential,exemplary or
punitive damages,including damages resulting from Lost Pro?ts,however caused and on any
theory of liability arising out of or relating to this Agreement.
9.NOTICES.Any notices required by this Agreement shall be in writing,and shall be deemed to have
been given (a)upon delivery,if delivered by hand,(b)three (3)days after being mailed either first
class,certified mail,return receipt requested,postage and registry fees prepaid,or (c)one Business
Day after being delivered to a reputable overnight courier service,excluding the US.Postal Service,
prepaid,marked for next day delivery,in each case addressed or sent as follows:
9.1.Notices to Red?ex:
Red?ex Traf?c Systems,Inc.
Attn:Legal Department
5651 W.Talavi Blvd.,Suite 200
Glendale,Arizona 85306
E—Mail:legaldepartment@red?excom
9.2.Notices to the City:
City of Pasco
Attention:Jeff Harpster,Commander
215 W Sylvester St
Pasco,WA 99301
Email:harpsterj@pasco-wa.gov
10.DISPUTE RESOLUTION.The Parties shall engage in informal,good faith discussions and attempt
to resolve any dispute or disagreement between the Parties arising out of or relating to this Agreement
before initiating arbitration,mediation or litigation.In connection with those informal discussions,
each Party shall appoint a designated of?cer and the designated of?cers of the Parties shall meet in
person for the purpose of attempting to resolve and dispute.The designated officers shall meet as
often as the Parties shall determine to be reasonably necessary.In the event the dispute is not resolved,
it shall be resolved by binding arbitration pursuant to RCW 7.04A,as amended,and the Mandatory
Page 15 of 131
Rules of Arbitration (MAR);and venue shall be placed in Franklin County,Washington,the laws of
the State of Washington shall apply,and the prevailing party shall be entitled to its reasonable attorney
fees and costs.
11.MISCELLANEOUS.
11.1.ASSIGNMENT.Neither Party may assign all or any portion of this Agreement without the prior
written consent of the other,which consent shall not be unreasonably withheld or delayed.
ll.2.RELATIONSHIP BETWEEN REDFLEX AND THE CITY.Nothing in this Agreement shall
create,or be deemed to create,a partnership,joint venture or the relationship of principal and
agent or employer and employee between the Parties.The relationship between the Parties shall be
that of independent contractors,and nothing contained in this Agreement shall create the relationship
of principal and agent or otherwise permit either Party to incur any debts or liabilities or obligations on
behalf of the other Party (except as speci?cally provided in this Agreement).
11.3.AUDIT RIGHTS.Each of Parties hereto shall have the right to audit the books and records of the
other Party (the “Audited Party”)solely for the purpose of verifying the payments,if any,payable
pursuant to this Agreement.Any such audit shall be conducted upon not less than forty—eight(48)
hours’prior notice to the Audited Party,at mutually convenient times and during the Audited
Party’s normal business hours.Except as otherwise provided in this Agreement,the cost of any
such audit shall be borne by the non—AuditedParty.In the event any such audit establishes any
underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to
this Agreement,the Audited Party shall promptly pay the amount of the shortfall,and in the event
that any such audit establishes that the Audited Party has underpaid any payment by more than
twenty ?ve percent (25%)of the amount of actually owing,the cost of such audit shall be borne
by the Audited Party,If the audit establishes any overpayment by the Audited Party of any
payment made pursuant to this Agreement,the non-Audited Party shall promptly refund to the
Audited Party the amount of the overpayment.
11,4,FORCE MAJEURE.No Party will be liable to the other or be deemed to be in breach of this
Agreement for any failure or delay in rendering performance arising out of causes beyond its
reasonable control and without its fault or negligence.Such causes may include but are not
limited to,acts of God,war,terrorism,signi?cant fires,floods,earthquakes,epidemics,severe
weather,quarantine restrictions,strikes,freight embargoes,or Governmental Authorities approval
delays which are not caused by any act or omission of Red?ex.The Party whose performance is
affected agrees to notify the other promptly of the existence and nature of any delay.
11,5.ADDITIONAL SERVICES.This Agreement may be amended,in accordance with Section 116,
to add additional Red?ex systems and products,including,but not limited to school zone speed
enforcement,
11,6.ENTIRE AGREEMENT.This Agreement represents the entire Agreement between the Parties,
and there are no other agreements (other than invoices and purchase orders),whether written or
oral,which affect its terms.This Agreement may be amended only by a subsequent Written
agreement signed by both Parties.
ll.7.SEVERABILITY.If any provision of this Agreement is held by any court or other competent
authority to be void or unenforceable in whole or part,this Agreement shall continue to be valid as
to its other provisions and the remainder of the affected provision.
l 1.8.WAIVER.Any waiver by either Party of a breach of any provision of this Agreement shall not be
considered as a waiver of any subsequent breach of the same or any other provision of this
Agreement,
ll.9.CONSTRUCTION.This Agreement shall be construed as having been fully and completely
negotiated by both Parties and neither the Agreement nor any of its provision shall be construed
more strictly against either Party,
11.10,HEADINGS.The headings of the sections contained in this Agreement are included for
reference purposes only,solely for the convenience of the Parties,and shall not in any way be
deemed to affect the meaning,interpretation or applicability of this Agreement or any of its terms,
conditions or provisions.
ll.ll.EXECUTION AND COUNTERPARTS.This Agreement may be executed in any
number of counterparts,each of which when so executed and delivered shall be deemed an
original,and such counterparts together shall constitute only one instrument.Any one of such
Page 16 of 131
counterparts shall be suf?cient for the purpose of proving the existence and terms of this
Agreement,and no Party shall be required to produce an original or all of such counterparts in
making such proof
11.12.COVENANT OF FURTHER ASSURANCES.All Parties to this Agreement shall,upon
request,perform any and all acts and execute and deliver any and all certi?cates,instruments and
other documents that may be necessary or appropriate to carry out any of the terms,conditions and
provisions of this Agreement.
11.13.REMEDIES CUMULATIVE.Each and all of the several rights and remedies provided
for in this Agreement shall be construed as being cumulative and no one of them shall be deemed
to be exclusive of the others or of any right or remedy allowed by law or equity,and pursuit of any
one remedy shall not be deemed to be an election of such remedy,or a waiver of any other
remedy.
11.14.BINDING EFFECT.This Agreement shall inure to the bene?t of and be binding upon
all of the Parties and their respective executors,administrators,successors and permitted assigns.
11.15.COMPLIANCE WITH LAWS,Nothing contained in this Agreement shall be construed
to require any act contrary to law,and whenever there is a con?ict between any term,condition or
provision of this Agreement and any present or future statute,law,ordinance or regulation,the
latter shall prevail,but in such event the term,condition or provision of this Agreement affected
shall be modi?ed or limited only to the extent necessary to bring it within the requirement of the
law,provided that such modi?cation or limitation is consistent with the intent of the Parties as
expressed in this Agreement.
11.16.NO THIRD—PARTY BENEFIT.Nothing contained in this Agreement shall be deemed
to confer any right or bene?t on any Person who is not a Party to this Agreement.
11.17.INJUNCTIVE RELIEF‘SPECIFIC PERFORMANCE.The Parties agree and
acknowledge that a breach of Sections 4.1 (License),4.3 (Restricted Use)or 7 (Con?dentiality)of
this Agreement would result in severe and irreparable injury to the other Party,which injury could
not be adequately compensated by an award of money damages,and the Parties therefore agree
and acknowledge that they shall be entitled to injunctive relief in the event of any breach of these
Sections,or to enjoin or prevent such a breach.
11.18.APPLICABLE LAW.This Agreement shall be governed solely by and construed,in all
respects,in accordance with the laws of the State of Washington.
11.19.JURISDICATION AND VENUE.Any con?ict,claim or dispute between the Parties
affecting,arising out of or relating to the subject matter of this Agreement shall be ?led only in and
litigated solely in the Franklin County Superior Court in the State of Washington and all Parties
speci?cally consent and agree to the exclusive jurisdiction of that court.
11.20.ATTORNEYS’FEES.In the event any legal action is commenced to enforce or interpret
this Agreement,the prevailing Party is entitled to reasonable attorneys fees,costs,and expenses
incurred.
11.21.PREVAILING WAGE.Red?ex shall be responsible for complying with the applicable
prevailing wage requirements.
1122.Both Parties agree that no provision or requirement of this Agreement shall be interpreted,
construed,applied,or enforced if it would result in a potential violation by the City of any applicable
statutes or regulations of the State of Washington,including but not limited to Washington State
records retention requirements and the Public Records Act,Chapter 42.56 RCW as amended.
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the Effective Date.
“The City”“Red?ex”
CITY OF PASCO,WASHINGTON REDFLEX TRAFFIC SYSTEMS,INC.
$74 \§7/QE65 .I_,‘Name:Michael Finn
Title:(1 w r L;.'To;/I/'\AA/;‘.l4s£,e,Title:Vice President
Page 17 of 131
EXHIBIT “A”
Intersection Approaches
This Agreement is for the implementation of up to ten (10)Intersection Approaches.The number and
identi?cation of enforced approaches will be based on mutual agreement between Red?ex and the City as
warranted by community safety and traffic needs‘Nothing in this Agreement shall be construed as
requiring the Parties install the maximum number of approaches authorized herein.
The City will make all reasonable efforts to provide the list of proposed intersections under consideration
prior to formal project kick-off to the designated Red?ex project manager.
Page 18 of 131
EXHIBIT “B”
Construction and Installation Obligations
Timeframe for Installation:Automated Photo Enforcement Program:
Red?ex will install,deliver and activate the Designated Intersection Approaches in phases in accordance
with an implementation plan to be mutually agreed to by Red?ex and the City.As part of the
implementation plan,the Parties will mutually agree upon the number and location of the Intersection
Approaches that Red?ex will install as part of the initial project kick—off(“Initial Installation Group”).The
Initial Installation Group shall be limited to four (4)Intersection Approaches.
Red?ex will use reasonable commercial efforts to install a11dactivate the Initial Installation Group within
sixty (60)days of the latest of a)formal project kick-off;b)receipt of the required City approved program
Business Rules;and c)receipt of all required government approvals.The City agrees that the estimated
timeframe for installation and activation are subject to conditions beyond the control of Red?ex and are not
guaranteed.
In order to provide the City with timely completion of the installations,Red?ex requires that the City assist
with obtaining timely responses to permit requests.The City acknowledges the importance of the safety
program and undertakes that in order to keep the project on schedule the City will provide engineering
review(s)of Red?ex permit requests and all documentation in a timely manner.
1.REDFLEX OBLIGATIONS.Red?ex shall do or cause to be done each of the following (in each case,
unless otherwise stated below,at Red?ex’s sole expense):
1.1.Appoint the Red?ex Project Manager and a project implementation team;
1.2.Request current “as~built”electronic engineering drawings for the Designated Intersection
Approaches (the “Drawings”)from the City traf?c engineer;
1.3.Develop and submit to the City for approval construction and installation speci?cations in
reasonable detail for the Designated Intersection Approaches,including but not limited to
speci?cations for all radar sensors,pavement loops,electrical connections and traffic controller
connections,as required;
1.4.Seek approval from the relevant Governmental Authorities having authority or jurisdiction over
the construction and installation specifications for the Designated Intersection Approaches
(collectively,the “Approvals”),which will include compliance with City permit applications;
1.5.Finalize the acquisition of the Approvals;
1.6.Apply for and pay the business tax and registration tax for a business license,in accordance with
Pasco Municipal Code;
1.7.Assist the City in developing a public awareness strategy,which may include media and
educational materials;
1.8.Complete the installation and testing of all necessary Equipment,including hardware and
software,at the Designated Intersection Approaches;
1.9.Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the
Designated Intersection Approaches,including but not limited to the installation of all related
Equipment and other detection sensors,poles,cabling,telecommunications equipment and
wiring,which work shall be performed in compliance with all applicable local,state and federal
laws and regulations;
1.10.Install and test the functionality of the Designated Intersection Approaches with the Red?ex
System and establish fully operational Violation processing capability with the Red?ex System;
l.11.lmplement the use of the Red?ex System at each of the Designated Intersection Approaches;
1.12.Deliver the Materials to the City;
1.13.Citation processing and citation issuance/re-issuance for Authorized Violations;
1.14.Once a year,upon request of the City,provide training (i)for up to ??een (15)personnel of the
City,including but not limited to the persons who City shall appoint as Authorized Employees
and other persons involved in the administration of the Program,(ii)for up to sixteen (16)hours
in the aggregate,(iii)regarding the operation of the Red?ex System and the Program,which
training shall include training with respect to the Red?ex System and its operations,strategies for
Page 19 of 131
presenting Violations Data in court and judicial proceedings and a review of the Enforcement
Documentation;
1.15.Provide all necessary communication,broadband and telephone services to the Designated
Intersection Approaches;
1.16.Establish an interface by utilizing City’s ability,as a government entity,to access the records data
of the Washington State Department of Licensing.Red?ex will assist the City in the developing
an interface to be provided by the Department of Licensing;
1.17.Interact with court and judicial personnel to address issues regarding the implementation of the
Redflex System,the development of a subpoena processing timeline that will permit the offering
of Violations Data in court and judicial proceedings,and coordination between Redflex,and the
City;and
1.18.The Red?ex Project Manager (or a reasonable alternate)shall be available to the Authorized
Officers each day,on a reasonable best efforts basis.
CITY OBLIGATIONS.The City shall do or cause to be done each of the following (in each case,
unless otherwise stated below,at the City’s sole expense):
2.1.Appoint the Project Manager;
2.2.Assist Red?ex in obtaining the Drawings from the relevant Governmental Authorities;
2.3.Notify Red?ex of any speci?c requirements relating to the construction and installation of any
Intersection Approaches or the implementation of the Program;
2.4.Provide ongoing assistance to Red?ex in obtaining access to the records data of the Washington
State Department of Licensing in Red?ex’s capacity as an independent contractor to the City;
2.5.Provide reasonable access to the City’s properties and facilities in order to permit Red?ex to
install and test the functionality of the Designated Intersection Approaches and the Program;
2.6.Provide reasonable access to the personnel of the City and reasonable information about the
speci?c operational requirements of such personnel for the purposes of performing training;
2.7.Seek approval or amendment of Awareness Strategy and provide written notice to Red?ex with
respect to the quantity of media and program materials (the “Materials”)that the City will require
in order to implement the Awareness Strategy during the period commencing on the date on
which Red?ex begins the installation of any of the Designated Intersection Approaches and
ending one (1)month after the Installation Date;
2.8.Develop the Violation Criteria and provide the Violation Criteria to Red?ex;
2.9.Seek approval of the Enforcement Documentation;
2.10.On no less than a monthly basis and no later than the 15"‘calendar day following the end of the
previous month,the City shall provide,without cost to Red?ex,reports regarding the prosecution
of Citations,the collection of fines,fees and other monies and available collision data,in such
format as Red?ex may reasonably request;
2.11.Yellow Light Timing Review:The City is responsible to ensure that the yellow or amber light
phase timing at all photo enforced intersections meets minimum standards according to Federal,
State,and local laws,guidelines,and/or rules;
2.12.Provide on-going adequate electrical power in order to operate the Designated Intersection
Approaches;
2.13.The City will allow Red?ex to use existing conduit space and existing infrastructure,including
but not limited to traffic signal poles and light poles,as available;
2.14.The City shall be responsible to provide and install LED traffic signal lights (yellow and red)at
all enforced locations;and
2.15.The City is responsible for all computer hardware,web browsers and high-speed Internet access
necessary for the Authorized Employee to access the Red?ex systems and software;
2.16.The City shall be solely responsible for the fabrication of any signage,notices or other postings
required pursuant to any law,rule or regulation of any Governmental Authority (“Signage”),
including but not limited to the applicable State statute.The City shall be responsible for
installing required Signage.
Page 20 of 131
EXHIBIT “C”
Maintenance
All repair and maintenance of the Program and related equipment will be the sole responsibility of
Red?ex,including but not limited to maintaining the casings of the cameras included in the Red?ex
System and all other Equipment in reasonably clean and graf?ti~£ree condition.
Red?ex shall not open the Traf?c Signal Controller Boxes without a representative of City Public
Works Department present.
In the event that images of a quality suitable for the Authorized Employee to identify Violations cannot
be reasonably obtained without the use of ?ash units,Red?ex shall provide and install such ?ash units.
Red?ex may assign speci?c personnel to provide follow up assistance to the City in the form of the
HELPDESK,a designated City Service Representative and a Director of Accounts.
Red?ex will make commercially reasonable efforts to promote the City’s successful utilization of the
System,including but not limited to providing the City with user guides,online help,online training
and presentations (as available).Red?ex will respond to helpdesk requests for support within 8 hours
of the request except where circumstances beyond its control preclude a response within that time.
Red?ex will use commercially-reasonable efforts to respond to all other support requests within 24
hours for requests received during the period of 8 am to 5 pm Central Standard Time,Monday through
Friday.Red?ex shall be responsible for receiving City reports of errors in the System,and,to the
extent practicable over email or telephone,making commercially-reasonable efforts to assist the City
in resolving the City’s reported problems.If the problem cannot be resolved telephonically,Red?ex
will use commercially-reasonable efforts to restore functionality in accordance with System
speci?cations within 72 hours of Red?ex‘s receipt of the reported problem.
Red?ex must promptly notify the City of any and all upgrades and technology modi?cations,including
but not limited to software,hardware,camera systems,violation detection systems upon the product’s
general availability (not in alpha,beta and testing phases).Should the City decide to implement any
such upgrades or modi?cations it will be at a price and on terms mutually agreed by the Parties.
In the event a camera system is knocked down or suffers vandalism rendering the approach
inoperative,the City will secure the camera system by removing the system from the scene and storing
it in a secure location.Red?ex must pay the City for the cost of a City maintenance team to secure
their camera system when an after-hours callout is required.Red?ex is not required to reimburse the
City when a City maintenance team secures a camera system during regular business hours.
The City shall notify Red?ex as soon as possible if any camera system is knocked down or subject to
vandalism.
Roadway/Intersection improvement projects:City shall reimburse Red?ex the costs of replacing and or
modi?cation of operational system approaches necessitated or caused by roadway or intersection
improvement projects.
Page 21 of 131
EXHIBIT “D”
COMPENSATION &PRICING
PRICING PROVISIONS AND OPTIONS:
The City agrees to pay Red?ex as follows:
Designated Intersection Approaches
The City shall pay Red?ex $4,870 per Designated Intersection Approach per month.
BUSINESS ASSUMPTIONS FOR ALL PRICING PROVISIONS AND OPTIONS:
Each year,on the anniversary date of the contract,the pricing will increase by a percentage equal to the
U.S.Department of Labor CPI-U,U.S.City Average for the preceding calendar year.
Except for a balance remaining pursuant to the Cost Neutrality provision below,City agrees to pay
Red?ex within thirty (30)days after an invoice is received.A monthly late fee of 1.5%is payable for
amounts remaining unpaid 60 days from date of invoice.
All fees charged by third parties for processing credit cards (“Merchant Fees”)will be borne by the
City and paid from the paid Citations.Online convenience fees are not considered Merchant Fees or
revenue received or as payment toward the Fixed Monthly Fee to be paid by the City.Online
convenience fees are the responsibility of the Violator and are passed solely onto Red?ex.
At the City’s request,Redtlex can implement a default collection process managed by a third-party
collections expert with the aim of increasing violator compliance.If the Parties decide to use a third-
party collections expert,they shall do so in a written amendment to this Agreement that shall provide
for any corresponding changes to the terms and conditions in this Agreement.
Cost Neutrality
5.1.The City shall have the option to make payments to Red?ex in accordance with the Cost
Neutrality Payment Option.Under this option,the City may defer payment of that portion of the
monthly service fee in excess of the amount collected during that month until the City has
collected sufficient funds pursuant to this Agreement to pay that portion of the monthly service
fee (“Deferred Monthly Service Fee”).A Deferred Monthly Service Fee shall be paid from the
funds collected in the following month pursuant to this Agreement provided that sufficient funds
are collected during that month to pay the Deferred Monthly Service Fee.Specifically,the funds
collected each month pursuant to this Agreement shall be applied ?rst to any unpaid Deferred
Monthly Service Fees and then to that month’s service fee;provided,however,that the City shall
never be required to pay in any month an amount in excess of the funds collected that month.
5.2.Red?ex shall maintain an accounting of the net balance of monthly service fees and Deferred
Monthly Service Fees owed to Red?ex.In any event,the City will not be obligated to pay the full
amount of an invoice for any given month unless there is suf?cient revenue collected in that
month to pay all of the amounts of the prior invoices that were deferred as well as the full amount
of the current month's invoice.
5.3.Cost Neutrality will be reconciled at the end of the contract.If at the expiration or termination of
this Agreement there is an outstanding balance of unpaid Deferred Monthly Service Fees,any
funds collected by the City for the subsequent twelve (12)months on account of Citations issued
as a result of the Program shall be applied to the outstanding balance until that balance is fully
paid.
5.4.Cost neutrality is guaranteed except as follows:
5.4.1.If police or Authorized Employees fail to approve violations by the due date,in good faith
and due diligence;
5.4.2.If systems are de-activated due to City requirement;
5.4.3.If collections are not reasonably pursued,unless,despite attempts by the City to encourage
collections by the courts,the courts fail to pursue unpaid collections;or
5.4.4.City directs Red?ex to install a camera at a site that is not mutually agreed upon.
Page 22 of 131
EXHIBIT “E”
Additional Rights and Obligations
Red?ex and the City shall respectively have the additional rights and obligations set forth below:
1.Red?ex shall assist the City in public information and education efforts,including but not limited to
the development of artwork for utility bill inserts,press releases and schedules for any public launch of
the Program.All costs related to the foregoing,including actual print and production costs,are the
responsibility of the City.
The City shall not access the Red?ex System or use the Program in any manner other than prescribed
by law and which restricts or inhibits any other Person from using the Red?ex System or the Program
with respect to any Intersection Approaches constructed or maintained by Red?ex for such Person,or
which could damage,disable,impair or overburden the Red?ex System or the,and the City shall not
attempt to gain unauthorized access to (i)any account of any other Person,(ii)any computer systems
or networks connected to the Red?ex System,or (iii)any materials or information not intentionally
made available by Red?ex to the City by means of hacking,password mining or any other method
whatsoever,nor shall the City cause any other Person to do any of the foregoing.
The City shall maintain the con?dentiality of any username,password or other process or device for
accessing the Red?ex System or using the Program.
Red?ex and the City shall advise each other in writing with respect to any applicable rules or
regulations governing the conduct of the other on or with respect to the property of such other Party,
including but not limited to rules and regulations relating to the safeguarding of confidential or
proprietary information,and when so advised,Red?ex and the City shall obey any and all such rules
and regulations.
The City shall promptly reimburse Red?ex for the cost of repairing or replacing any portion of the
Red?ex System,or any property or equipment related thereto,damaged directly or indirectly by the
City,or any of its employees,contractors or agents.
The Parties shall agree on speci?c Business Rules governing the function and operation of the Red?ex
System.
If Red?ex and the City use an online payment system for violations,payment for violations shall be
made through a payment portal maintained by the City of Pasco.The online payment system’s website
shall redirect cited individuals to the City portal for final payment.
Page 23 of 131
EXHIBIT “F”
Insurance
l.Red?ex shall procure and maintain at Red?ex’s sole cost and expense the following insurance
coverage in connection with the performance of work or services pursuant to this Agreement by
Red?ex,and each of Red?ex’s subcontractors,agents,representatives and employees:
—Commercial General Liability Insurance.Commercial General Liability Insurance with
coverage limits of not less than One Million Dollars ($1,000,000)combined single limit
per occurrence for bodily injury and property damage,Two Million Dollars ($2,000,000)
Products—CompletedOperations Aggregate and Two Million Dollars ($2,000,000)
General Aggregate,such limits of coverage may be met through any combination of
primary and excess liability policies;
—Business Automobile Liability Insurance.Business Automobile Liability Insurance with
coverage of not less than One Million Dollars ($1,000,000)combined single limit per
accident for bodily injury or property damage,including but not limited to coverage for
all automobiles owned,non—ownedand hired by Red?ex,such limits of coverage may be
met through any combination of primary and excess liability policies;
—Professional Liability (Errors and Omissions)Insurance.Red?ex will use its commercial
best efforts to procure and maintain Professional Liability (Errors and Omissions)
Insurance with coverage of not less than Two Million Dollars ($2,000,000)each and
every claim and in the Aggregate;and
—Workers’Compensation and Emp1oyer’s Liability Insurance‘Workers’Compensation
Insurance with coverage of not less than that required by the Labor Code of the State of
Washington,and Employer’s Liability Insurance with coverage of not less than:
$1,000,000 Bodily Injury by Accident —Each Accident
$1,000,000 Bodily Injury by Disease —Policy Limit
$1,000,000 Bodily Injury by Disease —Each Employee
2.With respect to the Commercial General Liability Insurance the following additional provisions
shall apply:
—The City or Cities shall be named as additional insureds with respect to the Commercial
General Liability insurance;and
-The Commercial General Liability insurance shall be the primary insurance with respect
to the City or Cities in connection with this Agreement,and any insurance or self-
insurance maintained by the City or Cities shall be in excess,and not in contribution to,
such insurance;and
—The Commercial General Liability insurance shall include “Separation of Insureds”
wording which states that such insurance coverage shall apply separately with respect to
each insured against whom claim is made or suit is brought,except with respect to the
limits of insurance or any rights or duties speci?cally assigned to Red?ex in such
insurance policies.
3.With respect to the insurance described above,Red?ex shall not cancel or materially reduce the
coverage without providing the City thirty (30)days prior written notice by certi?ed mail.With
respect to the insurance described above,if any of the Red?ex Parties are noti?ed by any insurer
that such coverage will be materially reduced or cancelled,Red?ex shall provide written notice
within ten (10)business days of receipt of such notice to the City or Cities and shall take all
necessary actions to correct such cancellation in coverage limits,and shall provide written notice
to the City or Cities of the date and natiue of such correction.If Red?ex,for any reason,fails to
maintain the insurance coverage required pursuant to this Agreement,such failure shall be deemed
a material breach of this Agreement,and the City or Cities shall have the right,but not the
obligation and exercisable in its/their sole discretion,to either (i)terminate this Agreement and
seek damages from Red?ex for such breach,or (ii)purchase such required insurance,and without
further notice to Red?ex,deduct from any amounts due to Redtlex pursuant to this Agreement,
any premium costs advance by the City or Cities for such insurance.If the premium costs
advanced by the City or Cities for such insurance exceed any amounts due to Red?ex pursuant to
Page 24 of 131
this Agreement,Red?ex shall promptly remit such excess amount to the City or Cities upon
receipt of written notice thereof.
Red?ex shall provide certi?cates of insurance evidencing the insurance required pursuant to the
terms of this Agreement,which certi?cates shall be executed by an authorized representative of
the applicable insurer,and which certi?cates shall be delivered to the City prior to Red?ex
commencing any work pursuant to the terms of this Agreement.
Page 25 of 131
Page 26 of 131
CITY OF PASCO: AUTOMATED PHOTO ENFORCEMENT
PROGRAM STUDY, PHASE 2
DATE: June 21, 2022
TO: Steve Worley | City of Pasco
FROM: Brian Chandler, Jasmine Douglas, and Caleb Trapp | DKS Associates
SUBJECT: Automated Photo Enforcement Program Data Analysis and
Evaluation: Phase 2
Project #22072-000
EXECUTIVE SUMMARY
A history of intersection traffic crashes at the N 20th Avenue & W Court Street and N Rd 68 &
Burden Boulevard intersections prompted the City of Pasco to install automated photo enforcement
at these locations. The purpose of the automated photo enforcement program is to reduce the
frequency of red-light running events and related crashes that can lead to personal injury (e.g.,
angle crashes, left-turn crashes). A video survey in December of 2017 suggested that the addition
of automated enforcement could issue hundreds of notices per month with the intent of changing
driver behavior and improving safety at these locations.
The City of Pasco installed automated enforcement at two intersections, N 20th Avenue & W Court
Street and N Rd 68 & Burden Boulevard. On April 16, 2019, the automated enforcement system
was functional and began issuing warnings to vehicles. Starting August 19, 2019, the system
began issuing tickets to vehicles, and stopped issuing warnings.
DKS Associates conducted an initial study (using limited data from September 2019 to June 2020)
to evaluate the initial effects of implementing the enforcement program to aid the City in decision-
making. The evaluation concluded that red-light running seemed to be reducing over time. The
after period for crash data was only 4 months, so while the frequency of collisions reduced during
this period, the study recommended that more time would be required to conduct a future safety
analysis after more information was available.
The objective of this study is to evaluate the effectiveness of the automated photo enforcement
program at these two locations to support City staff and Council decisions regarding the program.
The evaluation resulted in these findings related to the effect of the automated photo
enforcement program at the study intersections:
Red-light running frequency has seen mixed results. With the addition of the
automated enforcement system, red light running patterns slightly reduced, increased, or
remained stagnant, depending on location and direction of travel.
Safety has improved. Before-and-after data indicate a clear downward trend in crash
frequency at both intersections.
Page 27 of 131
2
N ROAD 68 & BURDEN BOULEVARD
NORTHBOUND RED-LIGHT RUNNING VIOLATIONS
All automated photo enforcement program data for N Road 68 & Burden Boulevard came from
Redflex Alcyon reports. Data from September 2019 to December 2019 was retained from the Phase
1 study, while data from January 2020 to March 2022 was obtained separately. To provide clear
comparisons between months and years, the study team started the analysis in September 2019
and continued through December 2021.
During the study period, the system issued 2,858 red-light running citations for northbound drivers
violating the traffic signal. Figure 1 shows the frequency of citations per month.
FIGURE 1. RD 68 & BURDEN: NB RED-LIGHT RUNNING CITATIONS BY MONTH
As seen in Figure 1, the most tickets issued in a month was 135 in September 2019, and the
fewest was 65 in February 2020. During the Phase 1 study from September 2019 to February
2020, red-light running saw a decreasing trend as the number of tickets issued fell from 135 a
month to 62. During that 5-month period, the data suggested a strong downward trend.
From September 2019 to December 2021 red-light running saw a consistent average of
approximately 102 vehicles per month. The May – June and October – November time frames saw
the most red-light running citations. Whereas the January – February time frame saw the least
number of citations. The data does not suggest any significant decrease or increase in monthly
citations issued over the study period. The linear average is flat.
Figure 2, below, illustrates the frequency of red-light violations and citations by day of the week for
the northbound direction.
135 129
121
83
70 65 65
94
121
113
129
83
106
123
88
112
83
75
111 116
126
110
76 83
103
120 116
102
0
20
40
60
80
100
120
140
160
SepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDec2019 2020 2021
Page 28 of 131
3
FIGURE 2. RD 68 & BURDEN NB RED-LIGHT RUNNING CITATIONS BY DAY OF WEEK
Consistent with the Phase 1 study, Friday continues to show the greatest occurrence of red-light
running with a total of 501 tickets issued during the study period, which is 93 higher than the
average of 408. Sunday has the lowest number of red-light running with a total of 336, being
almost 72 below the average. Higher Friday and Saturday citation frequency may indicate more
red-light running during recreational travel (including Friday and Saturday nights) than weekday
commuter trips.
Figure 3, below, illustrates the frequency of red-light violations and citations by hour of the day
from January 2020 to December 2021.1
1 This detail was not available for the September-December 2019 citation data for both intersections and
directions.
336
384 390 364 407
501 476
0
100
200
300
400
500
600
Day of the Week Average
Page 29 of 131
4
FIGURE 3. RD 68 & BURDEN NB RED-LIGHT RUNNING CITATIONS BY HOUR OF THE DAY
The data suggests a mid-day peak in citations with a high of 257 tickets issued during the 3PM
hour and an average of 233 citations issued between the hours of 12PM and 5PM. Higher citation
frequency during mid-day could stem from drivers going to and from lunch, end of the school day,
and typical PM peak traffic volumes.
SOUTHBOUND RD 68 RED-LIGHT RUNNING VIOLATIONS
All automated photo enforcement program data for N Road 68 & Burden Boulevard came from
Redflex Alcyon reports. Data from September 2019 to December 2019 was retained from the Phase
1 study, while data from January 2020 to March 2022 was obtained separately. To provide clear
comparisons between months and years, the study team started the analysis in September 2019
and continued through December 2021.
During the study period, the system issued 4,357 red-light running citations for southbound drivers
violating the traffic signal. Figure 4 shows the frequency of citations per month.
6 4 3 5 16
36
50 61
80 83
102
138
231 235
212
257
223
242
146
99
62 56
31
12
0
50
100
150
200
250
300
12 AM1 AM2 AM3 AM4 AM5 AM6 AM7 AM8 AM9 AM10 AM11 AM12 PM1 PM2 PM3 PM4 PM5 PM6 PM7 PM8 PM9 PM10 PM11 PMPage 30 of 131
5
FIGURE 4. RD 68 & BURDEN SB RED-LIGHT RUNNING CITATIONS BY MONTH
As seen in Figure 4, the most tickets issued in a month was 335 in September 2019, and the
fewest was 70 in January 2020. Fall of 2019 marked the first four full months of citations after the
installment of the automated photo enforcement program; thus, a high number of violations in the
early stages of enforcement (September and October 2019) was expected. This location saw a
general decreasing trend in red-light running after that time. Since January of 2020, an average of
136 tickets were issued a month with a high of 217 in May of 2021.
In general, the winter months of November – February saw the fewest number of citations whereas
the summer months of May – August saw the most. Overall, the data suggest a decreasing trend in
monthly citations issued over the study period.
Figure 5, below, illustrates the frequency of red-light violations and citations by day of the week.
FIGURE 5. RD 68 & BURDEN SB RED-LIGHT RUNNING TICKETS BY DAY OF THE WEEK
335 317
245
195 163
128 119 103
141
169 146
130
142 133
79 76 70
98
181 189
217
195
125
182
153 143
102 81
0
50
100
150
200
250
300
350
400
SepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDec2019 2020 2021
479
613 594 596 606
782
687
0
100
200
300
400
500
600
700
800
900
Day of the Week Average
Page 31 of 131
6
Friday has the greatest occurrence of red-light running with a total of 782 tickets issued during the
study period, approximately 160 higher than the average of 622. Sunday has the lowest number of
red-light running with a total of 479, being almost 143 below the average.
Figure 6, below, illustrates the frequency of red-light violations and citations by hour of the day
from January 2020 to December 2021.
FIGURE 6. RD 68 & BURDEN SB RED-LIGHT RUNNING CITATIONS BY HOUR OF THE DAY
The data suggests a mid-day peak in citations with a high of 384 tickets issued during the 12PM
hour and an average of 363 citations issued between the hours of 12PM and 3PM.
N RD 68 & BURDEN BLVD: INTERSECTION COLLISIONS
The project team conducted a safety analysis of the intersection of N Road 68 and Burden
Boulevard using WSDOT-provided collision data for two study periods:
Before: 2015 – 2018
After: 2020 – 2021
The year of the installment of the automated photo enforcement program, 2019, was omitted due
to the changes that occurred throughout the year. On April 16, 2019, the automated enforcement
system was functional and began issuing warnings to vehicles. Starting August 19, 2019, the
system began issuing citations to vehicles, and stopped issuing warnings. The location of crashes
from 2015 to 2018 and 2020 to 2021 are shown below in Figure 7 and Figure 8, respectively.
5 2 1 9 10
30
82
124 129
153
201
273
384
350 357 359
293
245
147
53
27 11 14 6
0
50
100
150
200
250
300
350
400
450
12 AM1 AM2 AM3 AM4 AM5 AM6 AM7 AM8 AM9 AM10 AM11 AM12 PM1 PM2 PM3 PM4 PM5 PM6 PM7 PM8 PM9 PM10 PM11 PMPage 32 of 131
7
FIGURE 7. RD 68 & BURDEN INTERSECTION CRASHES BY SEVERITY, 2015-2018
FIGURE 8. RD 68 & BURDEN INTERSECTION CRASH LOCATIONS BY SEVERITY, 2020-2021
No fatal crashes occurred during this study period.
No fatal injury crashes occurred during this study period.
Page 33 of 131
8
Figures 9 and 10 summarize the annual average number of collisions that occurred before and after
the installation of the red-light running system, categorized by crash severity and collision type.
FIGURE 9. RD 68 & BURDEN INTERSECTION, ANNUAL AVERAGE CRASH FREQUENCY BY SEVERITY
FIGURE 10. RD 68 & BURDEN INTERSECTION, ANNUAL AVERAGE CRASH FREQUENCY BY COLLISION
TYPE
After automated photo enforcement was implemented, there was a general decrease in the
frequency of injury crashes. Additionally, the annual average number of sideswipe crashes was
reduced by approximately 50% and crashes resulting from entering at an angle were eliminated.
Although the annual average of rear-ends increased by approximately one crash per year, this is
consistent with expectations since automated photo enforcement can increase the likelihood of
rear-end crashes.
0.50
0.25
5
18 15
1
0
0
20 15 10 5 0 5 10 15 20
Suspected Serious Injury
Suspected Minor Injury
Possible Injury
No Apparent Injury
Average Annual Crash Frequency by Severity
Annual Average # Crashes (2015 ‐ 2018)Annual Average # Crashes (2020 ‐ 2021)
11
6.5
3.5
1.5
1.25 0
1
0
3
12
15 10 5 0 5 10 15
Rear‐End
Sideswipe
Entering at Angle
Left Turn
Other
Annual Average # Crashes (2015 ‐ 2018)Annual Average # Crashes (2020 ‐ 2021)
Page 34 of 131
9
Figure 11 shows a before-and-after comparison of the annual average crash frequency at the
intersection. It compares the 2015 – 2018 data to the 2020 – 2021 data with automated
enforcement implementation (i.e., installation and citations given) and crash data available.
FIGURE 11. RD 68 & BURDEN INTERSECTION ANNUAL AVERAGE CRASH FREQUENCY
The total number of crashes from 2015 to 2018, before installation of the automated photo
enforcement system, was 95 with an average of 23.75 crashes per year. After installation, from
2020 – 2021, there was a total of 32 crashes with an average of 16 crashes per year. The data
suggest crashes reduced by approximately 7.75 crashes on average annually.
N 20TH AVENUE & W COURT STREET
SOUTHBOUND 20TH AVENUE RED-LIGHT RUNNING VIOLATIONS
All automated photo enforcement program data for N 20th Avenue & W Court Street came from
Redflex Alcyon reports. Data from September 2019 to December 2019 was retained from the Phase
1 study, while data from January 2020 to March 2022 was obtained separately. To provide clear
comparisons between months and years, the study team started the analysis in September 2019
and continued through December 2021.
During the study period, the system issued 4,685 red-light running citations for northbound drivers
violating the traffic signal. Figure 12 shows the frequency of citations per month.
23.75
16
0
5
10
15
20
25
Before Installation and Citations After Installation and Citations
Page 35 of 131
10
FIGURE 12. 20th & COURT: SB RED-LIGHT RUNNING CITATIONS BY MONTH
Overall, the number of red-light running citations has seen a slight decreasing trend. The most
tickets issued in a month was 279 in October 2019, and the fewest was 89 in February 2021. Fall
of 2019 marked the first four full months of citations after the installment of the automated photo
enforcement program; thus, a high number of violations in the early stages of enforcement
(September and October 2019), was expected. However, this location saw a general decreasing
trend in red-light running after that time. Since January of 2020, a consistent average of 158
tickets were issued a month with a high of 224 in June of 2021.
Figure 13, below, illustrates the frequency of red-light violations and citations by day of the week.
FIGURE 13. 20th & COURT: SB RED-LIGHT RUNNING CITATIONS BY DAY OF THE WEEK
269 279
204
152
200
118 124
95
162
143
158 169
149
136 130 140 127
89
161
185
207 224
147
203 213
183
153 165
0
50
100
150
200
250
300
SepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDec2019 2020 2021
526
662 671 665 727
823
611
0
100
200
300
400
500
600
700
800
900
Day of the Week Average
Page 36 of 131
11
As with the previous intersection, Friday has the greatest occurrence of red-light running with a
total of 823 tickets issued during the study period, or roughly 154 higher than the average of 669.
Sunday saw the lowest occurrence with a total of 526 tickets issued, which was approximately 143
below the average.
Figure 14, below, illustrates the frequency of red-light violations and citations by hour of the day
from January 2020 to December 2021.
FIGURE 14. 20th & COURT SB RED-LIGHT RUNNING CITATIONS BY HOUR OF THE DAY
The data suggests a mid-day peak in citations with a high of 330 tickets issued during the 12PM
hour and an average of 288 citations issued between the hours of 12PM and 4PM. Interestingly,
there is also a significant number of citations issued between 9PM and 12AM, as compared to the
previous intersection that did not have an increase at night.
WESTBOUND COURT STREET RED-LIGHT RUNNING VIOLATIONS
All automated photo enforcement program data for N 20th Avenue & W Court Street came from
Redflex Alcyon reports. Data from September 2019 to December 2019 was retained from the Phase
1 study, while data from January 2020 to March 2022 was obtained separately. To provide clear
comparisons between months and years, the study team started the analysis in September 2019
and continued through December 2021.
During the study period, the system issued 4,098 red-light running citations for westbound drivers
violating the traffic signal. Figure 15 shows the frequency of citations per month.
60
27
13
27 37
80
105
153
167 172
213
239
330
234
259
312 306
251
187
171
123 131
99
85
0
50
100
150
200
250
300
350
12 AM1 AM2 AM3 AM4 AM5 AM6 AM7 AM8 AM9 AM10 AM11 AM12 PM1 PM2 PM3 PM4 PM5 PM6 PM7 PM8 PM9 PM10 PM11 PMPage 37 of 131
12
FIGURE 15. 20th & COURT: WB RED-LIGHT RUNNING CITATIONS BY MONTH
Overall, issued red-light running tickets through the study period saw a slight increasing trend. The
most tickets issued in a month (197) occurred three times: December 2019, May 2021, and
October 2021. The fewest was 34 in September 2019. In this case, the study team confirmed with
Bremerton Police Department that the Redflex cameras were not capturing all violations, resulting
in these lower-than-anticipated citations. Omitting this issue, the fewest tickets issued in a month
was 94 in March of 2020. Since November 2019, red-light running saw an average of
approximately 149 violations per month with the August – October time frames seeing the most
red-light running citations.
Figure 16 illustrates the frequency of red-light violations and citations by day of the week.
FIGURE 16. 20th & COURT WB RED-LIGHT RUNNING CITATIONS BY DAY OF THE WEEK
34
114
189 197
181
118
94 98
123 129
166 160 170 166
126 125 118 111
175
152
197
169
123
166
183
197
159 158
0
50
100
150
200
250
SepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDec2019 2020 2021
494
582
624
524
633
744
497
0
100
200
300
400
500
600
700
800
Day of the Week Average
Page 38 of 131
13
Consistent with the rest of the study, Friday has the greatest occurrence of red-light running with a
total of 744 tickets issued during the study period. This is roughly 159 above the average of 585.
Sunday had the lowest occurrence of red-light running with a total of 494 tickets: approximately 91
below the average.
Figure 17, below, illustrates the frequency of red-light violations and citations by hour of the day
from January 2020 to December 2021.
FIGURE 17. 20th & COURT WB RED-LIGHT RUNNING CITATIONS BY HOUR OF THE DAY
The data suggest a mid-day peak in citations with a high of 325 tickets issued during the 2PM hour
and an average of 294 citations issued between the hours of 1PM and 5PM. Interestingly, there
were also a significant number of citations issued between 9PM and 12AM, which was not seen at
the previous intersection.
N 20TH AVE & W COURT ST: INTERSECTION COLLISIONS
The project team conducted a comprehensive safety analysis of the intersection of N 20th Avenue
and W Court Street using WSDOT-provided collision data for two study periods:
Before: 2015 – 2018
After: 2020 – 2021
The year of the installment of the automated photo enforcement program, 2019, was omitted due
to the changes that occurred throughout the year. On April 16, 2019, the automated enforcement
system was functional and began issuing warnings to vehicles. Starting August 19, 2019, the
system began issuing citations to vehicles, and stopped issuing warnings.
31
17 6 17 26
86
104
161 158 156
184
237
192
272
325 318
288
265
195
164
122
94 82
64
0
50
100
150
200
250
300
350
12 AM1 AM2 AM3 AM4 AM5 AM6 AM7 AM8 AM9 AM10 AM11 AM12 PM1 PM2 PM3 PM4 PM5 PM6 PM7 PM8 PM9 PM10 PM11 PMPage 39 of 131
14
The location of crashes from 2015 to 2018 and 2020 to 2021 are shown below in Figure 18 and
Figure 19, respectively.
FIGURE 18. 20th & COURT INTERSECTION CRASHES, 2015-2018
FIGURE 19. 2020th & COURT INTERSECTION CRASHES, 2020-2021
No fatal or serious injury crashes occurred during this study period.
No fatal or serious injury crashes occurred during this study period.
Page 40 of 131
15
Figures 20 and 21 summarize the annual average number of collisions that occurred before and
after the installation of the red-light running system, categorized by crash severity and collision
type.
FIGURE 20. 20th & COURT: AVERAGE ANNUAL INTERSECTION CRASH FREQUENCY BY SEVERITY
FIGURE 21. 20th & COURT: AVERAGE ANNUAL INTERSECTION CRASH FREQUENCY BY COLLISION
TYPE
After automated photo enforcement, there was a general decrease in number of injury collisions.
Additionally, the annual average number of left turn related crashes was reduced by approximately
73%, and the annual average of crashes that were sideswipes was reduced by approximately 80%.
Surprisingly, the annual average number of rear-end crashes was reduced by approximately 63%,
which is not typical after automated enforcement implementation. The annual average of crashes
resulting from entering at an angle increased by approximately 2 crashes per year. The reason for
these results could be the small data set; number less than 5 are often “swingy” and can result in
unexpected outcomes.
0
0.75
4.25
13.25 6
1
1
0
15 10 5 0 5 10 15
Suspected Serious Injury
Suspected Minor Injury
Possible Injury
No Apparent Injury
Annual Average # Crashes (2015 ‐ 2018)Annual Average # Crashes (2020 ‐ 2021)
8
2.5
1
5.5
1.25 0
1.5
3
0.5
3
10 5 0 5 10
Rear‐End
Sideswipe
Entering at Angle
Left Turn
Other
Annual Average # Crashes (2015 ‐ 2018)Annual Average # Crashes (2020 ‐ 2021)
Page 41 of 131
16
Figure 22 shows a before-and-after comparison of the annual average crash frequency at the
intersection. It compares the 2015 – 2018 data to the 2020 – 2021 data with automated
enforcement implementation (i.e., installation and citations given) and crash data available.
FIGURE 22. 20th & COURT: INTERSECTION ANNUAL AVERAGE CRASH FREQUENCY
The total number of crashes from 2015 to 2018, before installation of the automated photo
enforcement system, was 73 with an average of 18.25 crashes per year. After installation, from
2020 – 2021, there was a total of 16 crashes with an average of 8 crashes per year. The data
suggest crashes reduced by approximately 10.25 crashes on average annually.
18.25
8
0
5
10
15
20
Before Installation and Citations After Installation and Citations
Page 42 of 131
17
CONCLUSION AND RECOMMENDATIONS
The evaluation resulted in these findings related to the effect of the automated photo enforcement
program at the study intersections:
Red-light running frequency has seen mixed results. With the addition of the
automated enforcement system, red light running patterns slightly reduced, increased, or
remained stagnant, depending on location and direction of travel.
Safety has improved. Before-and-after data indicate a clear downward trend in crash
frequency at both intersections.
Recommendations. The study team recommends the City of Pasco consider the following:
Continue use of automated photo enforcement at the locations with current systems
installed and operational, based on the resulting reduction in traffic collisions.
Consider expansion of the system at one or both existing locations by adding cameras to
the other legs not currently being enforced by the system.
Conduct a citywide signalized intersection safety assessment to determine which additional
locations might be appropriate for an expanded automated enforcement program. Criteria
and ranking could include the following:
o Frequency of collisions
o Frequency of collisions involving personal injury
o Frequency of the types of collisions typically reduced by automated enforcement at
signalized intersections (e.g., angle, left-turn crashes)
o Lack of adequate space for traditional law enforcement activities
o High volumes that may make traditional law enforcement activities infeasible
Based on the results of the assessment, expand the program to one or more intersections
and conduct further studies to determine effects of each installation.
Page 43 of 131
BRIAN CHANDLER, PE, PTOE, RSP2IB, PMP
NATIONAL DIRECTOR FOR TRANSPORTATION SAFETY
brian.chandler@dksassociates.com
206.276.2668
CITY OF PASCO
AUTOMATED PHOTO ENFORCEMENT
PROGRAM STUDY
Page 44 of 131
ACKNOWLEDGEMENTS
•City of Pasco
•Steve Worley, Public Works
•Jeff Harpster, Police Department
•DKS Associates
•Caleb Trapp, Transportation Engineering Assistant
•Jasmine Douglas, Associate Transportation Engineer
2Page 45 of 131
AGENDA
1 STUDY PURPOSE & HISTORY
•2019 System Installation
•2020 Preliminary Study and Report
2 PHASE 2 STUDY: VIOLATIONS
3 PHASE 2 STUDY: COLLISIONS
4 CONCLUSION & NEXT STEPSPage 46 of 131
STUDY PURPOSE:
AUTOMATED PHOTO
ENFORCEMENT PROGRAM
EFFECTIVENESSPage 47 of 131
AUTOMATED PHOTO ENFORCEMENT
INSTALLATIONS
•Automated photo enforcement system installed February 2019
•N Road 68 & Burden Blvd
•N 20th Ave & W Court St
•Citations given since mid-August 2019
5
Northbound N Rd 68 at Burden BlvdPage 48 of 131
AUTOMATED PHOTO ENFORCEMENT
PROGRAM: PRELIMINARY STUDY (2020)
•Preliminary evaluation of effectiveness
•Frequency of red-light running violations
•Frequency of traffic collisions
•2020 preliminary study limitations
•Only 10 months of “after” citation data (Sep 2019 –Jun 2020),
including COVID-19 period
•4 months of “after” crash data available (Sep –Dec 2019)
6Page 49 of 131
AUTOMATED PHOTO ENFORCEMENT
PROGRAM: PRELIMINARY STUDY (2020)
•Conclusions
•Violations reduced from September 2019 to June 2020
•Average crash frequency reduced, but very little data (4 months after)
•Recommendation
•Re -analyze the data after more information is available, including two full years
of crash history (2020 and 2021)
7Page 50 of 131
PHASE 2:
RED -LIGHT RUNNING CITATIONSPage 51 of 131
RED -LIGHT RUNNING CITATIONS
9Page 52 of 131
RED -LIGHT RUNNING CITATIONS
10Page 53 of 131
RED -LIGHT RUNNING CITATIONS
11Page 54 of 131
CITATIONS: MONTHLY
12Page 55 of 131
CITATIONS: WEEKLY
13Page 56 of 131
CITATIONS: DAILY
14Page 57 of 131
PHASE 2: BEFORE -AFTER
COLLISIONSPage 58 of 131
COLLISION ANALYSIS
RD 68 & BURDEN -BEFORE/AFTER
16Page 59 of 131
COLLISION
ANALYSIS
RD 68 & BURDEN -
BEFORE/AFTER –
SEVERITY, TYPE
17Page 60 of 131
COLLISION ANALYSIS
20TH & COURT -BEFORE/AFTER
18Page 61 of 131
COLLISION
ANALYSIS
20TH & COURT -
BEFORE/AFTER –
SEVERITY, TYPE
19Page 62 of 131
CONCLUSION & NEXT STEPSPage 63 of 131
CONCLUSIONS
•Red Light Running: Mixed Results
•Early reduction
•Some ups-and-downs since the initial drop
•Safety: Clear Benefits
•Collisions have reduced, especially injury crashes
•Rd 68 & Burden: Eliminated angle crashes
•20th & Court: Mixed results by type
21Page 64 of 131
NEXT STEPS
•Continue automated enforcement at these locations
•Consider additional legs of these two intersections
•Potential program expansion
•Identify other signalized intersections with similar needs
•Re -analyze every 1-2 years to confirm effectiveness
•Additional “after” data will continue to support decision-making
22Page 65 of 131
BRIAN CHANDLER, PE, PTOE, RSP2IB, PMP
NATIONAL DIRECTOR FOR TRANSPORTATION SAFETY
brian.chandler@dksassociates.com
206.276.2668
THANK YOU
Page 66 of 131
AGENDA REPORT
FOR: City Council June 29, 2022
TO: Dave Zabell, City Manager City Council Workshop
Meeting: 7/11/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Presentation: I-182/Broadmoor Interchange Access Revision Report
(ARR)
I. REFERENCE(S):
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presented by Aaron Berger, Senior Transportation Engineer with DKS
Associates.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The existing freeway interchange (I/C) at Broadmoor Blvd. (Rd. 100) and I -182
serves as the area's primary access point for a large segment of the City's
population in the westerly portion of the City. As development has occurred over
the past decade or more in Pasco and the unincorporated areas of Franklin
County to the north, demands on the existing I/C have increased proportionately.
The cumulative effects of increased commercial development to the south of the
interstate, office and commercial uses alo ng Sandifur Blvd. in the area,
residential development east of Broadmoor/Rd. 100, both north and south of the
interstate, along with the impact of the development of Burns Rd. between Rd.
68 and Broadmoor Blvd. as a minor arterial have all served to fully utilize the
existing I/C. During afternoon peak hours, it is not uncommon for eastbound
traffic accessing the off-ramp to experience mainline back-ups into I-182.
The aforementioned deficiencies and the need for improvements to the I/C were
identified in the Transportation Element of the recently adopted Comprehensive
Land Use Plan, the draft Transportation System Master Plan, and for these
reasons, a project to implement such improvements was included by City
Council in the adoption of the City Six-Year Transportation Improvement Plan
this past June.
Page 67 of 131
Without additional development, the subject I/C is in need of capacity
improvements. That said, and as Council is aware, the Broadmoor area is ripe
for development, the extension of sewer to the area and subsequent efforts such
as the NW Area Sewer Local Improvement District (LID) project, comp plan
update, and new for area the a have economy booming and prepared
transformational development. As developers continue to show a keen interest
in the greater Broadmoor area, recent traffic analyses completed, as part of the
Transportation System Master Plan, confirm the need for improvements to the I-
182 off-ramps at the Broadmoor/Road 100 interchange. Increased traffic from
new development will exacerbate existing traffic backups onto mainline I-182
causing greater congestion and delays.
V. DISCUSSION:
Aaron Berger of DKS Associates will provide a presentation on the results of the
Access Revision Report (ARR) process.
Page 68 of 131
Broadmoor Interchange Project
City Council Update –July 11, 2022
Aaron Berger –DKSConsultant Project Manager
Steve Worley -PascoPublic Works Directorworleys@pasco-wa.gov
509.543.5738adb@dksassociates.com
406.781.3029Page 69 of 131
AGENDA
1)BACKGROUND
•Location
•Interchange Needs
•Project Purpose
•Planning Process –ARR
•Work Completed to date
2)PROJECT ENGAGEMENT
•Support Teams
•Public Process
3)ALTERNATIVES PROCESS
•Alternatives Development
•Alternatives
Refinement/Screening
4)ALTERNATIVES EVALUATED
•Freeway Options
•Eastbound Ramp Terminal
•Westbound Ramp Terminal
•Active Transportation
•Comprehensive Solutions
5)PREFERRED ALTERNATIVE
•Description
•Performance
•Phasing
6)NEXT STEPS
•Send out project flyers
•Complete NEPA Documentation
•Advance design to bid package
•ConstructionPage 70 of 131
BACKGROUNDPage 71 of 131
PROJECT LOCATION
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 4
INTERCHANGE Broadmoor BlvdChapel Hill Blvd
Sandifur Pkwy
Harris Rd
SOURCE: DKS ASSOCIATES AND GOOGLE EARTH IMAGERYPage 72 of 131
INTERCHANGE NEEDS
•OPERATIONS: Long present-day
queues on Eastbound Off Ramp,
increased congestion expected at
exit ramp and intersection in the
future
•SAFETY:High crash occurrence
at I-182 Eastbound off-ramp
diverge and at Ramp terminal
•ACTIVE TRANSPORTATION:
current north-south facilities
through the interchange offer
minimal protection to bikes and
pedestrians and do not effectively
tie into the local system
5BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022
SOURCE: DKS ASSOCIATESPage 73 of 131
BICYCLE AND PEDESTRIAN CHALLENGES
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 6Page 74 of 131
PROJECT PURPOSE
•Reduce congestion at the I-182 off-ramp
diverges and terminal on Broadmoor Boulevard,
caused by the growth of the Broadmoor Area
identified in the City of Pasco Comprehensive
Plan
•Improve traffic safety on the I-182 off-ramps
and ramp terminals at Broadmoor Boulevard.
•Improve the active transportation facilities
along Broadmoor Boulevard through the I-182
interchange which currently is a critical gap in
the City’s active transportation network.
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 7Page 75 of 131
PLANNING PROCESS –ACCESS REVISION REPORT (ARR)
•Define Project Purpose and Need
•Non-Access Feasibility Study –WSDOT allowed the City of Pasco to
substitute the report with prior analysis documentation
•Finding from prior analysis –Issues at the interchange cannot be fixed with
local solutions only
•Establish Support Teams
•Develop Methods and Assumptions
•Conduct ARR (including alternatives Analysis)
•Once Preferred Alternative is identified, complete NEPA/SEPA process
•WSDOT/FHWA approve final ARR and NEPA/SEPA documentation together
and issue permits
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 8Page 76 of 131
WORK COMPLETED TO DATE (PHASE 1)
1.Defined Project Purpose and Need
2.WSDOT Consensus on advancing directly to ARR
3.Formed Support Teams
4.Initiated Public Process
5.Completed Methods and Assumptions
6.Developed Alternatives
7.Screened and Evaluated Alternatives
8.Identified Preferred Alternative
9.Completed Draft ARR Document
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 9Page 77 of 131
PROJECT ENGAGEMENTPage 78 of 131
•Project Team
>City of Pasco
>DKS Associates
>KPFF
>Widener Associates
>GeoEngineers
>HLA
•Executive Team
>City of Pasco
>WSDOT South Central Region
>WSDOT HQ
>FHWA
>Franklin County
>BFT
>BFCG
SUPPORT TEAMS
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 11
•Technical Advisory Committee
(TAC)
>City of Pasco
>WSDOT South Central Region
>WSDOT HQ
>FHWA
>Franklin County
>BFT
>BFCGPage 79 of 131
PUBLIC PROCESS
•Public Involvement Plan Completed
•Website and Social Pinpoint (comment
solicitation) opened
•Public Open House #1 (Project Purpose,
public input on needs) –11/17/2021
•Public Open House #2 (Alternatives
presentation, public survey) –03/01/2022
•Remaining task –send out project flyers
presenting the preferred alternative
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 12Page 80 of 131
ALTERNATIVES PROCESSPage 81 of 131
ALTERNATIVES DEVELOPMENT AND SCREENING PROCESS
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 14
SOURCE: DKS ASSOCIATESPage 82 of 131
BRAINSTORM ALTERNATIVES
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 15Page 83 of 131
REFINE/SCREEN ALTERNATIVES
•Separated into Sub-Categories
o Freeway
o Eastbound Ramp Terminal
o Westbound Ramp Terminal
o Active Transportation
o Comprehensive Solutions
o Screening
o First Level –Qualitative, Fatal Flaw analysis
o Second Level –Quantitative Evaluation and Scoring
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 16Page 84 of 131
REFINE ALTERNATIVES
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 17Page 85 of 131
ALTERNATIVES EVALUATEDPage 86 of 131
FREEWAY OPTIONS -ALTERNATIVES
•New Loop Ramp serving
eastbound I-182 to
northbound Broadmoor
Blvd traffic
•Widen existing
eastbound off-ramp to a
two-lane exit
•Add deceleration lane at
the existing eastbound
off-ramp
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 19Page 87 of 131
EB RAMP TERMINAL -ALTERNATIVES
•New roundabout with
loop ramp connection
•New roundabout with
existing ramp
configuration
•Signal re-configuration
to accommodate new
loop ramp
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 20Page 88 of 131
WB RAMP TERMINAL -ALTERNATIVES
•Flying T Signal
(geometric re-
configuration)
•Dual westbound
right turn lane
•New Roundabout
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 21Page 89 of 131
ACTIVE TRANSPORTATION -ALTERNATIVES
•New Bike/Ped Bridge on west side
•Ped/bike grade separations at on/off ramps on
west side
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 22Page 90 of 131
ACTIVE TRANSPORTATION -ALTERNATIVES
•New Bike/Ped Bridge on east side
•Ped/bike grade separations at on/off ramps on
east side
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 23Page 91 of 131
ACTIVE TRANSPORTATION -ALTERNATIVES
•New Bike/Ped Bridge aligned with Midland Lane
•New path along I-182 eastbound on-ramp
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 24Page 92 of 131
ACTIVE TRANSPORTATION -ALTERNATIVES
•Widen Bridge
•Re -Stripe Bridge
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 25Page 93 of 131
CUMULATIVE ALTERNATIVES –DIVERGING DIAMOND INTERCHANGE
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 26Page 94 of 131
PREFERRED ALTERNATIVEPage 95 of 131
PREFERRED ALTERNATIVE
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 28
COMBINED ALTERNATIVE
Estimated Cost $14 -$16 MillionPage 96 of 131
PERFORMANCE SUMMARY
•New loop ramp and deceleration lanes reduce I-182
eastbound exit ramp congestion and safety, and improves
safety at eastbound diverge by reducing slowing caused by
congestion
•Roundabout at Westbound Ramp Terminal improves safety
and reduces congestion in 2045 (no significant congestion at
this intersection under present day conditions)
•Roundabout at Eastbound Ramp Terminal reduces congestion
and reduces predicted crashes by 35% and severity by more
than 50%
•Off-ramp and Broadmoor Blvd queues maintained within
available storage
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 29Page 97 of 131
PERFORMANCE SUMMARY –CON’T
•Bicyclist and Pedestrian have protected, low stress route
through the interchange
•Required bike/ped roadway crossings reduced from three to
two
•Maximum bike/ped crossing distances reduced to
approximately 24 feet
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 30Page 98 of 131
PHASING
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 31
PHASE 1A –BLUE, PHASE 2B –GREEN, PHASE 2 YELLOW)
Estimated Cost $14 -$16 Million
Temporary Re-Striping (A-I-2)Page 99 of 131
PHASING
•Phase 1a: Loop with Deceleration Lane (F-E-2) and Eastbound
Ramp Terminal Roundabout (E-R-1). Includes the re-stripe project
(A-I-2) as a temporary bike/ped solution. Can be covered by current
funding
•Phase 1b: New Ped Bridge/Path on west side of Broadmoor
Boulevard (A-N-1) –City currently pursuing funding opportunities for
this phase
•Phase 2: Westbound Ramp Terminal Roundabout (W-R-1) –not an
immediate need
•Phase 3: This phase could include projects beyond the Preferred
Alternative, such as the pedestrian grade separations at the
westbound on-ramp (A-W-1a) and the eastbound off-ramp (A-E-2a),
and other projects targeting issues beyond the purpose and need of
this Access Revision Report, such as capacity issues related to the
westbound on-ramp merge onto I-182
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 32Page 100 of 131
NEXT STEPSPage 101 of 131
1.Commence 30% Design
2.Finding of Engineering and Operational
Acceptability granted -FHWA
3.Complete NEPA Documentation (anticipated
Categorical Exclusion) after 30% Design
Completed
4.Combine NEPA / SEPA Document and ARR
5.Final Approval –FHWA
6.Complete Bid Plan Set
7.Bidding and Construction
NEXT STEPS
BROADMOOR INTERCHANGE PROJECT CITY COUNCIL UPDATE –JULY 11, 2022 34Page 102 of 131
AARON BERGER –DKS
CONSULTANT PROJECT MANAGER
adb@dksassociates.com
406.781.3029
STEVE WORLEY -PASCO
PUBLIC WORKS DIRECTOR
worleys@pasco-wa.gov
509.543.5738
THANK YOU
Page 103 of 131
Broadmoor Interchange Project
City Council Update –July 11, 2022Page 104 of 131
AGENDA REPORT
FOR: City Council July 5, 2022
TO: Dave Zabell, City Manager City Council Workshop
Meeting: 7/11/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Resolution - Washington State Department of Commerce Award -
Community Development Block Grant (CDBG-CV2)
I. REFERENCE(S):
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
CDBG-CV2 Funding $145,090
IV. HISTORY AND FACTS BRIEF:
The Community Development Block Grant (CDBG) Division in the Community
Economic and Development Department applied for CDBG-CV2 funds through
the Department of Commerce. Staff was notified in September 2021 that the
application was approved to prevent, prepare for, and respond to coronavirus
through Micro-enterprise Assistance.
The need was less than anticipated, so staff prepared an amendment to the
scope of work in May 2022 from Micro-enterprise Assistance to an eligible public
service activity for seniors through the Pasco Meals on Wheels program.
This eligible public service activity will benefit approximately 18,000 persons and
target services to principally low-moderate income (LMI) based on the HUD
presumed benefit special group - the elderly.
In accordance with federal regulations, citizen participation requirements are
required. Notice of Public Hearing was published in the Tri-City Herald and in Tu
Decides on April 25, 2022 for public comment for the amendment to the scope
Page 105 of 131
of work with the comment period ending June 16, 2022. No comments were
received.
V. DISCUSSION:
Guidance from the Department of Commerce cautions grantees to use
community partners that are already familiar with the use of CDBG/HOME funds
to avoid training or qualifying new subrecipients. Using the reprogrammed funds
for the existing Meals on Wheels program is a desirable and timely option as this
particular HUD Grant expires on June 30, 2023.
Page 106 of 131
Resolution – 2022 CDBG Annual Action Plan - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
AMENDING THE PROGRAM YEAR 2022 COMMUNITY DEVELOPMENT
BLOCK GRANT ALLOCATIONS FOR CDBG-CV2.
WHEREAS, Council Approve Resolution No. 4087 in September 2021 for the Program
Year 2022 Annual Action Plan for activities totaling $750,000; and
WHEREAS, The Community Development Block Grant (CDBG) in the Community
Economic and Development Department received CDBG-CV2 funds totaling $145,090 through
the Department of Commerce and was notified in September 2021 that our application was
approved to prevent, prepare for, and respond to coronavirus through Micro-enterprise Assistance;
and
WHEREAS, the need for Micro-enterprise Assistance was less than anticipated; and
WHEREAS, City of Pasco did an Amendment to the scope of work in May 2022 from
Micro-enterprise Assistance to an eligible public service activity for seniors, through the Pasco
Meals on Wheels program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council hereby amends the CDBG 2022 Annual Action Plan as follows:
Activity Funding
CDBG-CV2 Program Administration $14,000
CDBG-CV2 Public Service- Pasco Meals on Wheels $131,090
Total $145,090
Be It Further Resolved, that the City Council hereby approves the funded projects above in
the 2022 Annual Action Plan; and
Be It Further Resolved, that the City Manager, or his designee, is authorized to sign all
agreements in accordance with the 5-Year Consolidated Plan and Annual Action Plan Supplements
previously approved by Council; and
Be It Further Resolved, that this Resolution will take effect immediately.
Page 107 of 131
Resolution – 2022 CDBG Annual Action Plan - 2
PASSED by the City Council of the City of Pasco, Washington this ___ day of _____,
2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 108 of 131
AGENDA REPORT
FOR: City Council July 1, 2022
TO: Dave Zabell, City Manager City Council Workshop
Meeting: 7/11/22
FROM: Angela Pashon, Senior Management
Analyst
Executive
SUBJECT: Pasco Arts and Culture Commission Grant Program
I. REFERENCE(S):
Ordinance No. 4472
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
$10,000 - donated by STCU for Pasco Arts and Culture Commission activities
IV. HISTORY AND FACTS BRIEF:
Public art enriches publicly owned places and contributes a sense of ownership
and community pride in public facilities and spaces for residents. The City
Council created the Arts and Culture Commission (Ordinance No. 4472) to assist
in the promotion, retention and acquisition of public arts in the City of Pasco.
The Pasco Arts and Culture Commission (PACC) 1) serves as the central
commission to whom individuals and groups may bring their ideas with regard to
arts and culture 2) establishes standards related to art and culture programs and
serve as a review panel for program applications and 3) acts as a catalyst to
bring government, arts and culture, and private sectors together for public
benefit.
Funding to support our community's rich artistic talents and organizations
committed to advancing the knowledge and understanding of arts and culture is
likely to improve the quality of life and economic vitality of Pasco.
Page 109 of 131
V. DISCUSSION:
The PACC has recommended the implementation of a mini grant program to
enhance and promote arts and culture activities in Pasco through the "PACC
Grant Program". To pilot this program, PACC is requesting to utilize the $10k
donation received by STCU in 2020.
Program Outline
To provide broad opportunity, it is recommended there be three categories
eligible for funding. Priority would be to fund new projects and events; events
that receive other City funding (Lodging Tax Funds, CDBG, etc.) would not be
eligible to receive funding from this program; funding is intended to support in
the completion of a project or hosting of an event.
• Art Projects: Intended to provide an opportunity to create something the
community murals include or enjoy/experience, can examples
educational art activities.
o Award up to $2k
o Eligible expenses: supplies, professional art fees
• Events: Community events that make a positive impact by highlighting
our community through cultural diversity, heritage, or the arts/artistic
expression.
o Award up to $2k
o Limited to events held within Pasco or to organizations based in
Pasco who are holding a regional event
o Eligible expenses: supplies, performance fees, marketing costs,
etc.
• Advancing Youth: Support youth pursuing advancement of their artistic
skills multimedia, etc.) drawing, through arts, (performing painting,
workshops/camp with ability to demonstrate a financial hardship.
o Award up to $500
o Eligible expenses: program registration fee
Long-Term Application Process
For a long-term program, applications would be opened twice per year providing
individuals and organizations a consistent opportunity they can plan for. In
addition to posting on social media, staff will encourage local organizations to
subscribe funding as website the City's notifications receive to through
opportunities will be published through it.
After submissions application period, staff will provide PACC with for
consideration. If needed, staff will coordinate for applicants to present to PACC.
Page 110 of 131
Pilot Program Application Process
Staff would publish the program opportunity in late -July with an application
deadline of late-August; review, selection, and notice of funding would occur in
early/mid September.
Staff is seeking discussion from Council tonight. If favorable, staff will commence
the pilot program, providing Council an update in late fall on its progress. Upon
completion of the pilot program, staff will develop program standards, using
lessons learned, for Council's consideration of a long-term program for adoption,
funding for which would be included in the biennial budget for Council.
Page 111 of 131
ORDINANCE NO. 4472
AN ORDINANCE OF THE CITY OF PASCO, ESTABLISHING NEW
PMC CHAPTER 2.135 CREATING AN ARTS AND CULTURE
COMMISSION.
WHEREAS, the sharing of culture through sight, word, dance and music enhances
understanding and strengthens community; and
WHEREAS, the Pasco City Council has established goals thoughtfully designed to
enhance the quality of life, connectivity and community identity among Pasco residents in
part through cultural and social opportunities; and
WHEREAS, public art enriches publicly owned places, and contributes a sense of
ownership and community pride in public facilities and spaces for City residents; and
WHEREAS, the creation of the Arts and Culture Commission will assist in the
promotion, retention and acquisition of public arts in the City; and
WHEREAS, the Arts and Culture Commission will act as the City's representative
in connection with cultural and artistic endeavors involving the City, as well as serve as a
point of contact for such endeavors with the public; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. That a new Chapter entitled "Arts and Culture Commission" of the Pasco
Municipal Code shall be and hereby enacted and which shall read as follows:
Chapter 2.135
ARTS AND CULTURE COMMISSION
Sections:
2.135.010 Establishment.
2.135.020
2.135.030
Membership.
Term of Office.
2.135.040 Powers and Duties.
2.135.050 Compensation.
2.135.060 Bylaws and Officers
2.135.070 Staff Support.
2.135.010 ESTABLISHMENT.
Page 112 of 131
There is hereby established an Arts and Culture Commission for the City of Pasco which
shall advise the City Council on matters relating to public art and culture including review
and evaluation on matters pertaining to the acceptance procurement placement and
maintenance of public art: and which shall perform such other functions as the City's
primary resource in matters of public art
2.135.020 MEMBERSHIP
The Arts and Culture Commission shall consist of seven members Members shall be
appointed by the Mayor and confirmed by the City Council When making appointments
City Council will strive to appoint individuals with multiple skills experience and expertise
from various disciplines applicable to the commission's purpose
Membership shall be comprised with the following:
1) Three (3) Art professionals to include professions such as art directors educators
managers/administrators, dealers and/or individuals enrolled in higler education art
programs.
2) One (1) Artist including but not limited to: painting sculpture music literature
architecture, and performing arts Member is required to live work or own business
within Pasco city limits.
3) Two (2) Community members to include persons of public agencies organizations
enhancing Pasco's quality of life or, persons working outside of professional practice
in the arts but who demonstrate a deep interest in and understanding of public art
activities. Member is required to live, work or own business within Pasco city limits
4) One (1) Youth representative between the ages of 15 to 20 Years old at the time of
appointment, nexus to Pasco is required.
2.135.030 TERM OF OFFICE
The members shall serve for terms of four years expiring in even Years To ensure continuity
of Arts and Culture Commission positions will be staggered with the exception of youth
member which shall expire every even year.
2.135.040 POWERS AND DUTIES
The Arts and Culture Commission shall perform the following functions:
1) Serve as the central commission to whom individuals and erouns may bring their ideas
with regard to arts and culture.
2) Advise City Council on code recommendations to enhance art and culture
Page 113 of 131
33) Establish policy for acquiring maintaining, displaving/placement and maintenance of
Ci1y's public art.
4) Advise City staff on the receipt of and/or purchase of artwork to be placed on municipal
property.
5) Explore and recommend methods of obtaining financial support through development
of private, local, state and federal funds and establishingnublic/private partnerships to
promote art and culture within the community. Commission shall not incur any
indebtedness on behalf of City.
6) Initiate and maintain the City of Pasco Public Art roster.
7) Establish standards related to art and culture programs and serve as review panel for
program applications.
8) Participate in, promote and conduct public information and educational programs
pertaining to public art and culture.
9) Perform other related functions assigned to the Commission by the Pasco City Council
or the City Manager.
10) Act as a catalyst to bring government arts and culture and private sectors together for
public benefit.
2.135.050 COMPENSATION
All members shall serve without compensation
2.135.060 BYLAWS AND OFFICERS
The Arts and Culture Commission shall establish and adopt its own bylaws of procedure
and shall select from among its membership a chairperson and such other officers as maybe
necessary to conduct the Commission's business
2.135.070 STAFF SUPPORT
A staff member appointed by the City Manager shall be the staff liaison officer for the
Commission and, in this capacity, shall represent the day-to-day interests of the Cit a s they
relate to the business of the Arts and Culture Commission
Section 2. This ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
Page 114 of 131
PASSED by the City Council of the City of Pasco, this 18th day of November, 2019.
Matt Watkins
Mayor
ATTEST:
Debra Barham
City Clerk
Page 115 of 131
AGENDA REPORT
FOR: City Council July 1, 2022
TO: Dave Zabell, City Manager City Council Workshop
Meeting: 7/11/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Bonneville Power Land Use Agreement Supplement No. 1
for PWRF project Phase 1
I. REFERENCE(S):
Resolution
Proposed Land Use Agreement Supplement No. 1
Vicinity Map
Executed Land Use Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
There is no cost associated with this supplement.
IV. HISTORY AND FACTS BRIEF:
On June 11, 2019, the City executed a Land Use Agreement with the United
States of America, Department of Energy, Bonneville Power Administration
(BPA) requesting BPA's permission to use portions of the real property subject
to the BPA Easement for three (3) underground wastewater pipeline crossings
as part of the Foster Wells Force Main project, which is related to the Process
Water Reuse Facility (PWRF).
The BPA easement extends across the southwest corner of the City-owned
parcel for the PWRF (Parcel ID: 113090085). The BPA easement is a 100-foot-
wide easement extending in a southeast-northwest direction. This easement
hosts overhead transmission lines extending from Franklin County to the
Hanford area, in Benton County.
Page 116 of 131
As future improvements are planned for the PWRF, supplements to the existing
Land Use License with BPA are necessary.
City Staff has coordinated with BPA for the supplement of the previously
executed Land Use Agreement to include additional utilities, as part of the PWRF
Pretreatment Improvements Phase 1 project.
The proposed additional utilities to be installed crossing the BPA easement
consist of:
• One (1) underground 20” waterline
• Two (2) underground wastewater pipeline
• Two (2) underground power lines
• One (1) underground fiber line
V. DISCUSSION:
This supplement will allow for the installation of utilities within the BPA easement
area as part of the PWRF Phase 1 Project. Given the alignment of the BPA
easement, there is no alternative layout for the utilities that would prevent
crossing BPA’s easement.
The PWRF Pretreatment improvements Phase 1 project plans and specifications
are consistent with the Terms and Conditions associated with this Land -use
license.
City staff recommends approval of the attached Land Use Agreement
Supplement No. 1 for the improvements associated with the PWRF Pretreatment
Improvements Phase 1 Project.
Page 117 of 131
Resolution – CO-1 for Water Storage Reservoir Zone 3
Progressive Design Build Project - 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE LAND USE
AGREEMENT SUPPLEMENT NO. 1 WITH THE UNITED STATES OF
AMERICA, DEPARTMENT OF ENERGY, BONNEVILLE POWER
ADMINISTRATION (BPA) FOR THE PROCESS WATER REUSE FACILITY
(PWRF) PHASE 1 PROJECT.
WHEREAS, the City and BPA entered into Land Use Agreement No. 20190233 on July
10, 2019, for use of the BPA Easement area for the purpose of construction/installation, use and
maintenance of a sewer line; and
WHEREAS, Land Use Agreement No. 20190233 grants the City permission to use
portions of the real property subject to the BPA Easement for three (3) underground 20" sewer
force main crossings; and
WHEREAS, Supplement No. 1 to the Land Use Agreement is necessary to supplement
the agreement to use portions of the real property subject to the BPA Easement for the
construction/installation, use and maintenance of a (1) - 20" HDPE sewer line buried at 4.5'+, (1)
- 10" HDPE sewer line buried at 3.5'+, (2) - 6" 13.8kV power lines, and (1) - 2" fiber line; and
WHEREAS, pursuant to RCW 35A.13.230 and 35A.11.010 the City Council has the
authority to control its real and personal property interests; and
WHEREAS, the City of Pasco currently has a property interest, Land Use Agreement,
allowing the City use of the BPA easement for construction/installation, use and maintenance of
its sewer line which requires modification to allow placement of additional HDPE pipe implicating
Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager, for the City of Pasco, is hereby authorized to execute Land Use
Agreement Supplement No. 1 to the Agreement, a copy of which is attached hereto, and
incorporated by this reference as Exhibit A.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 118 of 131
Resolution – CO-1 for Water Storage Reservoir Zone 3
Progressive Design Build Project - 2
PASSED by the City Council of the City of Pasco, Washington, this ______ day of July
2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 119 of 131
Department of Energy
Bonneville Power Administration
2211 North Commercial Avenue
Pasco, WA 99301
June 30, 2022
In reply to: TERR-Tri-Cities-RMHQ
BPA Case No.: 20190233
Tract Nos.: B-F-16-A-41, H-P-16-A-60
Line Names: Hanford-Pasco Line (operated as Benton-Franklin No. 1)
Benton-Franklin No. 2
ADNO Nos.: 9210, 9211
Location: Structure Nos.: 16/4 - 16/5
LAND USE AGREEMENT
SUPPLEMENT NO. 1
Consent to Use of BPA’s Easement Area
This Land Use Agreement Supplement is entered into by and between the United States of America,
Department of Energy, Bonneville Power Administration (“BPA”) and City of Pasco (“Holder”).
Whereas BPA holds easement rights (“BPA Easement”) over the following described property
(“BPA Easement Area”):
That portion of the SW1/4NW1/4 of Section 4, Township 9 North, Range 30 East, Willamette
Meridian, Franklin County, State of Washington, as shown on the attached segment of BPA
Drawing No. 50316, marked as Exhibit A.
Holder had requested BPA’s permission to supplement the agreement to use portions of the real
property subject to the BPA Easement for the construction/installation, use and maintenance of a
(1) - 16" HDPE sewer line buried at 4.5'+ and (1) - 8" HDPE sewer line buried at 3.5'+ and (2) - 6"
13.8kV power lines and (1) - 2" fiber line (“Holder’s Facility”).
Subject to the terms and conditions set forth in Land Use Agreement 20190233, BPA consents to
Holder’s use of the BPA Easement Area for the purpose proposed by Holder, and concurs that such
use will not interfere with the current operation and maintenance of BPA’s transmission facilities,
if constructed in the manner and at the location shown on Exhibit A, attached hereto and made a
part hereof.
Additional terms and conditions specific to Holder’s Facility are included as part of this Agreement
as Exhibit B, attached hereto and made a part hereof.
Page 120 of 131
2
Case No.: 20190233
Tract Nos.: B-F-16-A-41, H-P-16-A-60
Holder’s contact information:
NAME: City of Pasco
ADDRESS: 525 N 3rd Avenue
Pasco, WA 99301
PHONE: (509) 545-3447
EMAIL: Sevingyj@pasco-wa.gov
Holder agrees to notify BPA in writing of any changes to the above listed contact information.
All other terms and conditions of the Land Use Agreement dated July 10, 2019 shall remain the
same.
This Agreement becomes effective upon the signature of all parties.
_______________________________ ___________________
Holder Date
_______________________________
Print Name
_______________________________
Title (if applicable)
THIS AGREEMENT IS HEREBY AUTHORIZED:
______________________________ ___________________
Realty Specialist Date
Bonneville Power Administration
NOTE: Execution in Counterparts; Electronic Signature; Electronic Transmittal. This Land Use
Agreement may be executed in counterparts, each of which will be deemed an original, but all of
which constitute one and the same instrument. Electronic or digital signatures shall be deemed
original signatures for purposes of this Land Use Agreement. Said counterparts may also be
transmitted by one Party to the other by facsimile or electronic mail.
BPA seeks help maintaining the integrity of the electrical transmission system. Please report any
vandalism or theft to the BPA Crime Witness program at 1-800-437-2744. Cash rewards of up to
$25,000 will be paid should information lead to the arrest and conviction of persons committing a
crime.
If you have any questions or concerns, please notify a BPA Realty Office. You may contact a
(“BPA Representative”) by telephone at (800) 282-3713 or send written correspondence to the
address listed at the top of this Agreement.
Page 121 of 131
3
Case No.: 20190233
Tract Nos.: B-F-16-A-41, H-P-16-A-60
EXHIBIT B
ADDITIONAL TERMS AND CONDITIONS
1. The pipelines are approved at the location shown on the enclosed plan.
2. The pipelines, cable and fiber shall maintain a minimum horizontal clearance of 25 feet to
the point where wood poles and guy anchors enter the earth.
3. Bury and maintain the pipelines to a depth of 36 inches to meet BPA requirements.
4. Any portion of Holder’s Facilities constructed on BPA’s Easement Area shall be designed
and built to withstand HL-93 loading for BPA’s heavy vehicles.
5. Mark the location of the underground Pipelines and Cables/Fiber with permanent signs and
maintain such signs where they enter and leave BPA's Easement Area, and at any angle
points within BPA’s Easement Area. BPA will not be responsible for damage to facilities
not visibly marked.
6. The underground cables/fiber shall be placed in conduit. Only non-conductive materials,
conduit and inner duct are to be installed on BPA Easement Area.
7. Bury and maintain the cables/fiber to a depth of 30 inches to meet BPA requirements.
8. BPA has identified counterpoise (grounding wire) located in the vicinity identified for use
by Holder. Holder must take care to ensure that counterpoise is not broken or damaged.
Should counterpoise be dug up, exposed, or broken during Holder’s construction activities,
Holder must immediately contact the BPA Representative listed at the bottom of Page 3 of
the Agreement, so that arrangements can be made to have it repaired.
9. Holder shall not obstruct access to BPA’s Easement Area or transmission line system. BPA
personnel and/or its contractors must have access all times.
10. Construction equipment shall maintain a minimum distance of 15 between the equipment
and transmission line conductors at all times. Do not measure this with measuring tape,
pole or other physical means. If there is the possibility that any equipment can encroach
on this distance, then a safety watcher will be required.
11. BPA’s Easement area shall be returned to its original condition following construction.
No grade changes to facilitate construction or disposal of overburden shall be allowed.
Any damage to BPA property resulting from the proposed Easement use shall be repaired
at the applicant's expense.
12. Holder shall not store flammable materials or refuel vehicles or equipment on BPA’s
Easement Area.
13. Notice: Nuisance shocks may occur on BPA’s Easement Area. Grounding metal objects
helps to reduce the level of shock. It is suggested that construction equipment be grounded
with a drag chain.
Page 122 of 131
EXHIBIT A
CITY OF PASCO
CASE NO. 20190233 SUPPLEMENT NO. 1
TRACT NO. B-F-16-A-41, H-P-16-A-60
(1) - 16" HDPE SEWER LINE BURIED AT 4.5'+
AND (1) - 8" HDPE SEWER LINE BURIED AT
3.5'+ AND (2) - 6" 13.8KV POWER LINES AND
(1) - 2" FIBER LINE
PORTION OF THE SW1/4NW1/4 of SEC 4,
TWN 9 N, RNG 30 E, WM, FRANKLIN
COUNTY, STATE OF WASHINGTON
PORTION OF BPA DRAWING NO. 50316
BENTON-FRANKLIN LINE NO. 2
Page 123 of 131
PROJECT LOCATION MAP
PROJECT LOCATIONPage 124 of 131
Department of Energy
Bonneville Power Administration
2211 North Commercial Avenue
Pasco, WA 99301
June 11, 2019
BPA Case No.: 20190233
Tract Nos.: B-F-16-A-41, H-P-16-A-60
Line Names: Hanford-Pasco Line
(operated as Benton-Franklin No. 1)
Benton-Franklin No. 2
ADNO Nos.: 9210, 9211
Location: 360’ AOL of Structure Nos. 16/4
520’ BOL of Structure Nos. 16/5
Stationing: 771+50, 771+60
LAND USE AGREEMENT
Consent to Use of BPA’s Easement Area
This Land Use Agreement (“Agreement”) is entered into by and between the United States of
America, Department of Energy, Bonneville Power Administration (“BPA”) and City of Pasco
(“Holder”).
BPA holds easement rights (“BPA Easement”) over the following described property (“BPA
Easement Area”):
The SW1/4NW1/4 of Section 4, Township 9 North, Range 30 East, Willamette Meridian,
Franklin County, State of Washington, as shown on the attached segment of BPA
Drawing No. 50316, marked as Exhibit A.
Holder has requested BPA’s permission to use portions of the real property subject to the BPA
Easement for three (3) underground 20" sewer force main crossings (“Holder’s Facility”).
Subject to the terms and conditions set forth in this Agreement, BPA consents to Holder’s use of
the BPA Easement Area for the purpose proposed by Holder, and concurs that such use will not
interfere with the current operation and maintenance of BPA’s transmission facilities, if
constructed in the manner and at the location shown on Exhibit A, attached hereto and made a
part hereof.
In consideration of BPA’s concurrence, Holder agrees to the following:
1. This Agreement does not grant any right, privilege, or interest in land, and does not
modify, change, or otherwise alter the rights BPA acquired by deed. Loss of the privileges
granted by this Agreement is not compensable to Holder.
Page 125 of 131
2
Case No.: 20190233
Tract No.: B-F-16-A-41, H-P-16-A-60
2. Holder is responsible for obtaining from the underlying landowner (“Landowner”), by
good and sufficient legal instrument, all rights, interests and privileges for land use
necessary and incident to the ownership and maintenance of Holder’s Facility.
3. There may be other uses of the property located within the same area as Holder’s Facility.
This Agreement is subject to such superior rights.
4. This Agreement is valid only if Holder’s Facility is constructed, operated, and maintained
in conformance with the terms of this Agreement and all attached Exhibits. Relocations,
changes or upgrades require BPA’s prior written approval. Failure to obtain the written
approval of BPA prior to making alterations to Holder’s Facility shall result in the
termination of this Agreement.
5. Holder acknowledges and agrees that Holder’s use of the property is subordinate to BPA’s
easement rights. BPA reserves the right to trim or remove trees, brush or shrubs or to
remove any other encroachment within the BPA Easement Area which might interfere
with the operation, maintenance, construction, removal or relocation of BPA’s facilities.
Holder agrees to alter, relocate or remove Holder’s Facility, at no cost to BPA, to correct
an interference with BPA’s easement rights or to accommodate future modifications of
BPA’s facilities.
6. Holder agrees to abide by and comply with all applicable Federal, State and local laws and
regulations, including, but not limited to building and safety codes, rules issued by utility
commissions, the National Electric Safety Code, entities that regulate Holder, and all
applicable environmental regulations.
7. Induced voltages and currents may occur on structures or other items constructed or placed
under or near high voltage transmission lines. BPA has no duty to inspect Holder’s
Facility or to warn of hazards. Holder shall have the continuing responsibility for the
protection of personnel and equipment in the design, construction, operation and
maintenance of Holder’s Facility.
8. This Agreement is entered into with the express understanding that it is not assignable or
transferable to other parties without the prior written consent of BPA.
9. BPA may terminate this Agreement upon 30 days written notice. Holder shall, within 30
days of receiving such notice of termination, and at Holder’s sole expense, vacate and
restore the BPA Easement Area to a condition satisfactory to BPA. Upon Holder’s failure
to vacate and restore the BPA Easement Area within the above stated time period, BPA
may remove Holder’s Facility and restore the BPA Easement Area at Holder’s expense.
10. A copy of this Agreement shall be physically located at Holder’s project site during
construction activities. Holder’s employees, contractors and representatives shall adhere
to all conditions and requirements listed herein.
11. Additional terms and conditions specific to Holder’s Facility may be included as part of
this Agreement as Exhibit B, attached hereto and made a part hereof.
12. Holder agrees to assume risk of loss, damage, or injury which may result from Holder’s
use of the BPA Easement Area, except for such loss, damage, or injury for which BPA
Page 126 of 131
Page 127 of 131
Case No.: 20190233
Tract No.: B-F-16-A-41, H-P-16-A-60
Exhibit B
ADDITIONAL TERMS AND CONDITIONS
1. The pipeline shall maintain a minimum horizontal clearance of 25 feet to the point where
wood poles and guy anchors enter the earth.
2. Construction equipment shall maintain a minimum distance of 15 feet between the
equipment and transmission line conductors at all times. Do not measure this with
measuring tape, pole, or other physical means. If there is the possibility that any
equipment can encroach on this distance, then a safety watcher will be required.
3. Holder shall not store flammable materials or refuel vehicles or equipment within BPA’s
Easement Area.
4. Bury and maintain the 20” sewer force mains to a depth of 36 inches to meet BPA
requirements.
5. Any portion of Holder’s Facility constructed within BPA’s Easement Area shall be
designed and built to withstand HL-93 loading for BPA’s heavy vehicles.
6. BPA easement shall be returned to its original condition following construction. No grade
changes to facilitate construction or disposal of overburden shall be allowed. Any damage
to BPA property resulting from the proposed easement use shall be repaired at the
applicant's expense.
7. Mark the location of the underground 20” sewer force mains with permanent signs and
maintain such signs where they enter and leave BPA's Easement Area, and at any angle
points within BPA’s Easement Area.
8. Holder shall not obstruct access to BPA’s transmission line system. BPA personnel and/or
its contractors must have access the transmission line system at all times.
9. Notice: Nuisance shocks may occur within BPA’s Easement Area. Grounding metal
objects helps to reduce the level of shock. It is suggested that construction equipment be
grounded with a drag chain.
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EXHIBIT B
CASE NO. 20190233
CITY OF PASCO
TRACT NO.: B-F-16-A-41, H-P-16-A-60
THREE UNDERGROUND 20” SEWER FORCE MAINS
PORTION OF SW¼NW¼ OF SEC 4, TWN 9N, RNG 30E,
WM, FRANKLIN COUNTY, WASHINGTON
PORTION OF BPA DRWG NO. 50316
BENTON-FRANKLIN NO. 2 Page 129 of 131
QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure including, but not limited to:
• Completion of Transportation System Master Plan and design standard updates to promote greater
neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.;
connectivity, walkability, aesthetics, sustainability, and community gathering spaces.
• Completion of the Parks, Recreation and Open Space Plan and development of an implementation
strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address
the needs of the growing population.
FINANCIAL SUSTAINABILITY
Enhance the long-term viability, value, and service levels of services and programs, including, but not
limited to:
• Adopting policies and strategic investment standards to assure consistency of long-range planning to include
update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new
development, e.g.; schools, traffic, parks, and fire.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly functional multi-modal transportation system including, but not limited to:
• Application of the adopted Transportation System Master Plan including development of policies, regulations,
programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal
systems, accessibility, efficiency, and safety.
COMMUNITY SAFETY
Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment
including, but not limited to:
• Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the
current Washington State Rating Bureau Class 3 community rating.
• Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging
existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator
programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service
levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance
with legislative mandates.
ECONOMIC VITALITY
Promote and encourage economic vitality including, but not limited to:
• Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes,
phased sign code update, and development regulations and standards.
• Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use
Plan such as Downtown and Broadmoor Master Plans.
• Development of an Economic Development Plan, including revitalization efforts.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion, and image including, but not limited to:
• Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities
to further inclusivity, community engagement, and inter-agency and constituent coordination efforts.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art
and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events
within the community.
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CALIDAD DE VIDA
Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones
apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a:
• Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas
a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones
comunitarias.
• Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de
implementación para mejorar tales servicios justamente a lo largo de la comunidad.
• Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las
necesidades del aumento en la población.
SOSTENIBIILIDAD FINANCIERA
Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no
limitado a:
• Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo
plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las
medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios.
RED DE TRANSPORTACION COMUNITARIA
Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a:
• Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas,
y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales,
accesibilidad, eficiencia, y seguridad.
SEGURIDAD COMUNITARIA
Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo
incluyendo, pero no limitado a:
• Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de
mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de
Washington.
• Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al
hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud
mental, el uso de programas para navegar los recursos, y otros esfuerzos.
• Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros
de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el
control de crímenes, y el cumplimiento con los mandatos legislativos.
VITALIDAD ECONOMICA
Promover y fomentar vitalidad económica incluyendo, pero no limitado a:
• Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los
códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los
estándares.
• Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a
los Planes del Centro y de Broadmoor.
• Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no
limitado a:
• Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras
oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de
coordinación de los constituyentes.
• Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de
programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro
de la comunidad.
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