HomeMy WebLinkAbout2022.12.05 Council Meeting PacketAGENDA
City Council Regular Meeting
7:00 PM - Monday, December 5, 2022
City Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would
like to provide public comment remotely, may continue to do so by filling out
the online form via the City’s website (www.pasco-wa.gov/publiccomment) to
obtain access information to comment. Requests to comment in meetings
must be received by 4:00 p.m. on the day of this meeting.
To listen to the meeting via phone, call (631) 992-3211 and use access code
613-585-088.
City Council meetings 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.
2. CALL TO ORDER
3. ROLL CALL
a) Pledge of Allegiance
4. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by Council members
or the public, the item may be removed from the Consent Agenda to the
Regular Agenda and considered separately.
8 - 23 (a) Approval of Meeting Minutes for November 21st and 28th
To approve the minutes of the Pasco City Council Regular Meeting
held on November 21, 2022 and Special Meeting and and Regular
Workshop held on November 28, 2022.
24 - 25 (b) Bills and Communications
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To approve claims in the total amount of $4,419,390.01 ($2,993,482.21
in Check Nos. 252293-252562; $414,611.37 in Electronic Transfer
Nos. 838011-838028, 838037-838041, 838045-838077, 838080-
838204, 838222-838275, 838277, 838281-838346, 838348, 838350-
838411, 838415-838421; $19,712.43 in Check Nos. 54193-54204;
991,584.00 in Electronic Transfer Nos. 30182944-30183518).
26 - 214 (c) Ordinance No. 4625 & Resolution No. 4280 - Budget Amendment
and Approval to the Design Build of America (DBIA) Phase 1
Agreement for the Zone 3 Water Storage Reservoir Project
To adopt Ordinance No. 4625, amending the 2021-2022 Biennial
Budget (ordinance No 4560) of the City of Pasco, Washington, by
providing supplement thereto; to provide additional appropriation in the
City's Water Fund for the construction of the Zone 3 Water Reservoir
Storage Tank.
To approve Resolution No. 4280, authorizing the City Manager to
execute Amendment No. 1 to the Design Build Institute of America
Phase 1 Agreement with T Bailey, Inc. for the progressive design -build
services for the Zone 3 Water Storage Reservoir project.
215 - 223 (d) Resolutions Nos. 4281 and 4282 - Bid Award East UGA Expansion
Sewer Local Improvement District No. 152 Phases 1 and 2
To approve Resolution No. 4281, Awarding Bid No. 21295-A for the
East Urban Growth area (UGA) Expansion Sewer Local Improvement
District (LID) (LID 152) Phase 1 project to Tapani, INC. of Battle
Ground, Washington, and further, authorize the City Manager to
execute the contract documents and allowing all necessary budget
adjustments.
To approve Resolution No. 4282, Awarding Bid No. 21295-B for the
East Urban Growth area (UGA) Expansion Sewer Local Improvement
District (LID) (LID 152) Phase 2 project to Tapani, INC. of Battle
Ground, Washington, and further, authorize the City Manager to
execute the contract documents and allowing all necessary budget
adjustments.
224 - 232 (e) Resolution No. 4283 - Second Work Acceleration Agreement for
the Process Water Reuse Facility Pretreatment Improvements
To approve Resolution No. 4283, authorizing the Interim City Manager
to execute a second Work Acceleration Agreement with Burnham SEV
Pasco, LLC for the Anaerobic Digestion and Renewable Natural Gave
Project related to the Process Water Reuse Facility Phase 3 project.
233 - 236 (f) Resolution No. 4284 - Community Economic Revitalization Board
Loan Application Approval for the Process Water Reuse Facility
Pretreatment Improvements
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To approve Resolution No. 4284, authorizing submission of an
application for a community Economic Revitalization Board Loan with
the Washington State Department of commerce for the Process Water
Reuse Facility Pretreatment Improvement Phase 3 project.
237 - 245 (g) Resolution No. 4285 - Contingency Agreement Approval for
Community Economic Revitalization Board Loan Application for
the Process Water Reuse Facility Pretreatment Improvements
To approve Resolution No. 4285, authorizing the interim City Manager
to enter into an agreement for a Community Economic Revitalization
Board Loan with the Washington State Department of Commerce for
the Process Water Reuse Facility Pretreatment Phase 3 Project.
246 - 261 (h) Resolution No. 4286 - Purchase of OpenGov Permitting, Business
Licensing and Code Enforcement Software from Carahsoft
Technology Corporation
To approve Resolution No. 4286, authorizing the City Manager to
execute a contract with Carahsoft Technology Corporation for
OpenGov Permitting, Business Licensing and Code Enforcement
Software.
262 (i) Cancellation of December 12, 19, and 27 2022, Regularly
Scheduled Council Meetings
To approve the cancellation of the December 12th and 27th Council
Workshop Meetings and December 19th Council Regular Meeting.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for
debate or for the posing of questions with the expectation of an immediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have access to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
a) Verbal Reports from Councilmembers
263 - 272 (b) General Fund Monthly Report - August - October 2022
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8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
273 - 280 (a) Public Hearing and Ordinance No. 4626 - Approval of 2021-2022
Budget Supplement Operating & Capital Projects Budgets
CONDUCT A PUBLIC HEARING
MOTION: I move to adopt Ordinance No. 4626, adjusting the 2021 -
2022 Biennial Budgets of the City of Pasco by providing supplement
thereto; by appropriating revenue received in excess of estimated
revenues for the current year and by providing transfers and
adjustment authority and, further, authorize publication by summary
only.
281 - 286 (b) Public Hearing - Right-of-Way Vacation for Snake River
Agriculture LLC (VAC 2022-006)
CONDUCT A PUBLIC HEARING
MOTION: I move to deny a request to vacate a portion of South Oregon
Avenue located at the southeast corner of East "A" Street and South
Oregon Avenue; and further; authorize publication by summary only.
287 - 311 (c) Public Hearing and Ordinance No. 4627 - Approval of Alford/Cole
Annexation (ANX 2022-003)
CONDUCT A PUBLIC HEARING
MOTION: I move to adopt Ordinance No. 4627, relating to annexation
and annexing certain real property to the City of Pasco, and further,
authorize publication by summary only.
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
312 - 350 (a) *Q Ordinance No. 4628 - Approval of Acevedo Rezone from RS-12
to R-1 (Z 2022-014)
MOTION: I move to adopt Ordinance No. 4628, approving a rezone at
1305 Road 44 from RS-12 (Low Density Residential) to R-1 (Low
Density Residential) and, further, authorize publication by summary
only.
351 - 379 (b) *Q Ordinance No. 4629 - Approval of Gerig Rezone from R-2 to R-
4 (Z 2022-015)
MOTION: I move to adopt Ordinance No. 4629, approving a rezone at
2503 W Park Street from R-2 (Medium Density Residential) to R-4
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High Density Residential) and, further, authorize publication by
summary only.
380 - 421 (c) *Q Ordinance No. 4630 - Approval of Davidson Rezone from R-S-
20 to R-1 (Z 2022-016)
MOTION: I move to adopt Ordinance No. 4630, approving a rezone at
6007 W Court Street from R-S-20 (Suburban) to R-1 (Low Density
Residential) and, further, authorize publication by summary only.
422 - 426 (d) Ordinance No. 4631 - Amending the Pasco Municipal Code Title 3
and Establish Animal Control Operations Fund
MOTION: I move to adopt Ordinance No. 4631, relating to the
establishment of the Animal Control and Services Fund to support
the newly City managed Facility and create a new Chapter 3.147,
Animal Control and Services Fund" in the Pasco Municipal Code,
and further, authorize publication by summary only.
427 - 482 (e) Resolution No. 4287 - 2023-2025 International Association of
Firefighter, Local No. 1433, Collective Bargaining Agreement
MOTION: I move to approve Resolution No. 4287, approving the 2023-
2025 Collective Bargaining Agreement with the International
Association of Firefighters, Local No. 1433.
483 - 504 (f) Resolution No. 4288 - 2023-2025 Pasco Police Officers
Association - Non-Uniform Unit Collective Bargaining Agreement
MOTION: I move to approve Resolution No.4288, approving the 2023-
2025 Collective Bargaining Agreement with the Pasco Police Officers
Association - Non-Uniform Bargaining Unit.
505 - 507 (g) *Resolution No. 4289 - Acceptance of Work of Peanuts Park
Project
MOTION: I move to approve Resolution No. 4289, accepting work
performed by Booth & Sons Construction Inc., under contract for the
Peanuts Park Project.
508 - 510 (h) *Resolution No. 4290 - Interfund Loan Amendment from General
Fund to Marina Fund
MOTION: I move to approve Resolution No. 4290, authorizing an
interfund loan amendment from the General Fund to the Marina Fund.
10. UNFINISHED BUSINESS
511 - 544 (a) Ordinance No. 4632 - Adopting the Redistricting Plan and
Amending the Pasco Municipal Code Chapter 1.15 Voting
Districts
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MOTION: I move to adopt Ordinance No. 4632, adopting the
Redistricting Plan in compliance with RCW 29A.76.010 and amending
the Pasco Municipal Code Chapter 1.15 Voting Districts based on the
2020 U.S. Decennial Census data as required by Washington State
and Federal Voting laws, and further, authorize publication by
summary only.
545 - 552 (b) Resolution No. 4291 - Downtown Pasco Development Authority
DPDA) 2023 Funding Request
MOTION: I move to approve Resolution No. 4291, authorizing the City
Manager to execute the 2023 Funding Agreement with the Downtown
Pasco Development Authority.
553 - 596 (c) Q Ordinance No. 4615 - Approval of Road 40 LLC Rezone from I-1
to I-2 (Z 2022-009)
MOTION: I move to adopt Ordinance No. 4615, approving a rezone for
a property on the west side of Road 40 East, south of "A" Street from
I-1 (Light Industrial) to I-2 (Medium Industrial) and further, authorize
publication by summary only.
597 - 702 (d) Approval of the Lodging Tax Advisory Committee (LTAC)
Recommendations for 2023
MOTION: I move to approve the Lodging Tax Advisory Committee
recommendations for the 2023 funding allocations as presented.
11. NEW BUSINESS
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
14. ADJOURNMENT
15. ADDITIONAL NOTES
a) (RC) Roll Call Vote Required
Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
703 - 704 (b) Adopted 2020-2021 Council Goals (Reference Only)
c) REMINDERS
Monday, December 5, 1:30 PM: Emergency Medical
Services Board Meeting – Fire Training Center, 1811 S. Ely,
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Kennewick (COUNCILMEMBER PETE SERRANO, Rep.;
COUNCILMEMBER IRVING BROWN, Alt.)
Thursday, December 8, 4:00 PM: Tri-Cities National Park
Committee Meeting – Tri-Cities Regional Business & Visitor
Center, Bechtel Board Room, 7130 W. Grandridge Blvd.,
Kennewick (MAYOR BLANCHE BARAJAS, Rep.; MAYOR
PRO TEM CRAIG MANLONEY, Alt.)
Thursday, December 8, 4:30 PM: Pasco School District
PSD) Skilled & Technical Advisory Committee – Virtual
COUNCILMEMBER DAVID MILNE)
Thursday, December 8, 6:00 PM: Ben Franklin Transit
Board Meeting – Benton County Administration Building
COUNCILMEMBER JOSEPH CAMPOS Rep.; MAYOR PRO
TEM CRAIG MALONEY, Alt.)
Monday, December 12, 11:45 AM: Pasco Chamber of
Commerce Membership Lunch Meeting – Pasco Red Lion
Hotel
Tuesday, December 13, 4:00 PM: Pasco Public Facilities
District Board Meeting – Council Chambers, Pasco City Hall
MAYOR PRO TEM CRAIG MALONEY, Rep.;
COUNCILMEMBER DAVID MILNE, Alt.)
Thursday, December 15, 12:30 PM: Greater Columbia
Accountable Community of Health – Virtual Meeting
COUNCILMEMBER ROACH, Rep; MAYOR BARAJAS, Alt.)
Thursday, December 15, 4:00 PM: Downtown Pasco
Development Authority – DPDA (COUNCILMEMBER
IRVING BROWN, Rep.; MAYOR PRO TEM CRAIG MALONEY
Alt.)
Friday, December 16, 10:00 AM: Benton-Franklin Council of
Governments Board Meeting – Ben-Franklin Transit, 1000
Columbia Park Trail, Richland (COUNCILMEMBER IRVING
BROWN, Rep., COUNCILMEMBER DAVID MILNE, 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.)
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AGENDA REPORT
FOR: City Council November 29, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Debra Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes for November 21st and 28th
I. REFERENCE(S):
11.21.2022 & 11.28.2022 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Regular Meeting held on
November 21, 2022 and Special Meeting and and Regular Workshop held on
November 28, 2022.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
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MINUTES
City Council Regular Meeting
7:00 PM - Monday, November 21, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:01 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph
Campos, David Milne, Zahra Roach, and Pete Serrano
Councilmembers absent: None
Staff present: Adam Lincoln, Interim City Manager; Darcy Buckley, Finance
Director; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney;
Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director;
Ken Roske, Police Chief; Rick White, Community & Economic Development
Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
EXECUTIVE SESSION
Council adjourned into Executive Session at 7:04 PM for 15 minutes to discuss with
legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the
Interim City Manager, Deputy City Manager, and the City Attorney.
Mr. Serrano recused himself from the Executive Session and remained in Council
Chambers.
At 7:20 PM Mayor Barajas announced that the Executive Session would continue
for another 20 minutes.
Mayor Barajas called the meeting back to order at 7:41 PM.
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CONSENT AGENDA
Approval of Meeting Minutes for November 7th and 14th
To approve the minutes of the Pasco City Council Regular Meeting held on
November 7, 2022 and Special Meeting & Regular Workshop held on November
14, 2022.
Bills and Communications - To approve claims in the total amount of
4,587,824.46 and bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non-
criminal, criminal, and parking) accounts receivable in the total amount of
262,905.15 and, of that amount, authorize $247,420.00 to be turned over for
collection.
To approve claims in the total amount of $4,587,824.46 ($3,902,792.39 in Check
Nos. 252027-252292; $668,409.61 in Electronic Transfer Nos. 838214-838219,
838221; $39,357.37 in Check Nos. 54170-54192; $982,771.58 in Electronic
Transfer Nos. 30182375-30182943).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal,
and parking) accounts receivable in the total amount of $262,905.15 and, of that
amount, authorize $247,420.00 to be turned over for collection.
Resolution No. 4273 - Basin Disposal Inc. 2023 Proposed Rate Increase
To approve Resolution No. 4273, approving a rate increase for solid waste
collections and disposal services by Basin Disposal, Inc.
Resolution No. 4274 - Bid Award for Fire Station No. 85 Construction
To approve Resolution No. 4274, awarding Bid No. 21199-B, for the Fire Station
No. 85 construction with G2 Commercial Construction Inc, and further, authorize
the City Manager to execute the contract documents and allowing all necessary
budget adjustments.
Resolution No. 4275 - Amendment No. 3 to Interlocal Agreement with Port of
Pasco for Argent Road Project
To approve Resolution No. 4275, authorizing the Interim City Manager to execute
Amendment No. 3 for the Interlocal Agreement with the Port of Pasco relating to
the Argent Road Project.
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Resolution No. 4276 - Amendment No. 1 to Professional Services Agreement
with PBS Engineering for Broadmoor TIF Design Services
To approve Resolution No. 4276, authorizing the Interim City Manager to execute
Amendment No. 1 to the Professional Services Agreement with PBS Engineering
Environmental, Inc. for the Broadmoor Tax Increment Funding and Interchange
Project.
Resolution No. 4277 - Amendment No. 3 to Professional Services Agreement
with Carollo Engineers, Inc. for Butterfield Facility Plan
To approve Resolution No. 4277, authorizing the Interim City Manager to execute
Amendment No. 3 to the Professional Services Agreement with Carollo Engineers,
Inc. for the Butterfield Water Treatment Plant Facility Plan Project.
Resolution No. 4278 - Change Order Approval for Lewis Street Overpass
Project
To approve Resolution No. 4278, authorizing the Interim City Manager to execute
Change Orders Nos. 8-11 to the construction contract with Cascade Bridge, LLC.
for the Lewis Street Overpass Project.
Planning Commission Appointments of Rosa Torres and Mitchell Moffitt
To confirm the Mayor's appointments of Rosa Torres to Position No. 1 and Mitchell
Moffitt to Position No. 2 on the Planning Commission with the terms expiring on
February 2, 2028.
MOTION: Councilmember Brown moved, seconded by Councilmember Serrano
to approve the Consent Agenda as read.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
VISITORS - OTHER THAN AGENDA ITEMS
David Morgan, Pasco and Spokane, WA resident, expressed concern about racist
comments from David Cortinas at the November 7th Council meeting.
Leo Perales, Pasco resident, expressed concern about the Downtown Pasco
Development Authority and the loss of $79K during the 2022 Cinco de Mayo event.
Davis Cortinas, Pasco resident and Latino Business Association (LBA) member,
commented on his previous statements regarding the appointment of Irving Brown and
apologized to Mr. Brown stating that his comments were not racist.
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Steve and Shirley Simmons, Simmons Management, stated that they have taken over
the management contract for the HAPO Center through the end of the year and hope
to continue the contract through 2024. They were seeking Council's support for this
contract.
Leonard Dietrich, Pasco resident, expressed concern about the racist comments stated
during the Public Comment period of the November 7th Council meeting. He also
expressed appreciation to Council for selecting the best candidate for the position of
Councilmember from Council District No. 3 based on the qualifications of all the
candidates.
Martin Valdez, Pasco resident, expressed concern about the racist comments provided
at the November 7th Council meeting. He expressed support for Council process for
appointing a Councilmember, as well as the appointment of Mr. Brown.
Nikki Torres, Pasco resident, expressed appreciation to all of Council for serving the
community as a Councilmembers for Pasco and ended with a Happy Thanksgiving to
all.
Gabriel Portugal, Pasco resident, expressed support for the appointment of
Councilmember Brown and commented about his relationship with David Cortinas.
Maria Giarez, Pasco resident, commented about DPDA, Cinco de Mayo Event and
David Cortinas dealings within the community.
Jose Iniguez, DPDA Board Member, expressed thanks to Mr. Brown for speaking up at
the November 14th Council meeting in response to Mr. Cortinas comments from
November 7th. He also commented on David Cortinas dealings within the community.
Thomas Granbois, Pasco resident and DPDA Board Member, commented on the
process for appointing an individual to Council. He expressed support for the
appointment of Councilmember Brown and commented on the apology David Cortinas
provided to Mr. Brown
Kyle Grimes, Pasco resident and DPDA Board Member, expressed appreciation to
Councilmember Brown as he represents her Council Voting District. She also
commented on DPDA, which is not-for-profit organization
John Kennedy, Pasco resident, concurred with the other individuals regarding their
comments regarding Councilmember Brown and expressed appreciation to Mr. Brown
for his service to Pasco.
Mr. Brown expressed thanks to the City residents and for Council, as he considers
Council his support group. He read a written statement regarding his stance on this
situation. He confirmed that the conversation should center on unity and on the process
of Council appointment. It should not bring race or individuals within the comments such
as were provided on November 7th. He confirmed that he met with Mr. Cortinas a during
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a private one-on-one meeting and ended his comments with a quote from Martin Luther
King Jr.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mr. Milne expressed support for Mr. Brown and his appointment to the Council. He
also commented on the following events he attended: the Downtown Pasco Master
Plan Open House; the COPA meeting; the Walmart grand reopening; the Special
Olympics opening event and the Police ride-along.
Mayor Pro Tem Maloney also commented on the Downtown Pasco Master Plan
Open House. He also attended recent the Pasco Public Facilities District Board
Meeting and the DPDA Board meeting.
Mayor Barajas also commented on the Downtown Pasco Master Plan and attended
the same meetings with Mr. Milne. She commented about Jose Iniguez and a set
of musical instruments that sent to Colima, Mexico. She asked staff to schedule a
photo opportunity for COPA Friendship Agreement. Lastly, she commented on the
recent Cops and Kids event.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
Second Public Hearing for Ordinances Nos. 4619 & 4620 Related to Proposed
2023-2024 Operating & Capital Projects Budgets
Ms. Buckley introduced a brief report regarding the additional staff positions
requested in the 2023-2024 Biennial Budgets and provided a presentation with the
details of the staff positions.
Council and staff held a brief question and answer period regarding the proposed
budgets and an explanation of the prioritization of the additional staff positions.
CONDUCT PUBLIC HEARING
Mayor Barajas declared the Public Hearing open to consider the proposed
Ordinances Nos. 4619 & 4620 Related to Proposed 2023-2024 Operating & Capital
Projects Budgets. Following three calls for comments, and there being none, Mayor
Barajas declared the Public Hearing closed.
Council concurred and asked that the Ordinances Nos. 4619 & 4620 Related to
Proposed 2023-2024 Operating & Capital Projects Budgets be brought back at the
November 28th Special Meeting for final action.
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Public Hearing & Ordinance No. 4621 - Right-of-Way Vacation at Court & Road
68 (VAC 2022-008)
Mr. White provided a brief report on the proposed vacation.
CONDUCT A PUBLIC HEARING
Mayor Barajas declared the Public Hearing open to consider the proposed right-of-
way vacation at Court & Road 68. Following three calls for comments, and there
being none, Mayor Barajas declared the Public Hearing closed.
MOTION: Councilmember Brown moved, seconded by Councilmember Roach
to adopt Ordinance No. 4621, vacating a portion of right-of-way lying north of the
centerline of West Court Street and west of the centerline of Road 68, and
further, authorize publication by summary only.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Resolution No. 4271 - Purchase and Sale Agreement for Real Property (Stahl
ROW)
Mr. Ratkai provided a brief report on the proposed purchase and sale agreement.
MOTION: Councilmember Brown moved, seconded by Councilmember Campos
to approve Resolution No. 4271, authorizing the purchase of real property
located at 4050 East A Street Pasco, Washington, for future right -of-way.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
Ordinances Nos. 4623 & 4624 - Administrative/Professional and Management
Wage and Salary Plans
Mr. Lincoln introduced the 2023 wage and salary plans and Ms. Buckley provided
a brief overview of the details of the 2023 wage and salary plans.
Mr. Lincoln noted that this group is not represented by a bargaining unit and this is
the time for staff to provide updates.
Council discussed the COLA on a regional and national level.
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MOTION: Councilmember Brown moved, seconded by Councilmember Milne to
adopt Ordinance No. 4623, providing for certain adjustments in the
Administrative/Professional, Exempt and Non-Exempt wage plan beginning
January 8, 2023 (1st full pay period of 2023) and, further, authorize publication
by summary only.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
MOTION: Councilmember Brown moved, seconded by Councilmember Roach
to adopt Ordinance No. 4624, providing for certain adjustments in the
Management salary plan beginning January 8, 2023 (1st full pay period of 2023)
and, further, authorize publication by summary only.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
Resolution No 4279 - Bid Award for the Well Capacity Upgrades
Mr. Worley introduced Deputy Public Works Director for Engineering Serra who
provided a brief report on the proposed bid award for the Well Capacity Upgrades
project.
MOTION: Councilmember Brown moved, seconded by Councilmember Campos
to approve Resolution No. 4279, awarding Bid No. 21222 for the Well Capacity
Upgrades project to Carpenter Drilling LLC of Benton City, WA, Washington, and
further, authorize the Interim City Manager to execute the contract documents
and allowing all necessary budget adjustments.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
UNFINISHED BUSINESS
Update - Amending Council Voting Districts, Based on Redistricting Plan
Mr. Ferguson provided a brief update regarding amending the Council Voting
Districts based on the Redistricting Plan. He confirmed that the review of the map
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did indicate some inconsistences and the updated map will be presented to Council
at the November 28, 2022 Special Meeting.
MISCELLANEOUS DISCUSSION
Mr. Campos asked it there will be a HAPO Center Advisory Committee meeting on
Tuesday, November 22nd.
Mr. Lincoln stated that a call to Franklin County about the meeting was made and that
staff was waiting for a response.
Mayor Pro Tem Maloney stated that no meeting is scheduled for this week. He
recommended that he and Mr. Campos meet with newly appointed community member
to the HAPO Center Advisory Committee Mr. Perales to discuss the committee
together.
Mayor Barajas commented on the meeting and stated that the City of Pasco has been
growing with the influx of population, she noted that Pasco is a welcoming city and an
all inclusive city. She invited all to work together and get along for the greater good.
EXECUTIVE SESSION
Council adjourned into Executive Session at 9:43 PM for 15 minutes to discuss with
legal counsel about current or potential litigation per RCW 42.30.110(1)(i) and
collective bargaining unit negotiations per RCW 42.30.140(4)(a) with the Interim
City Manager, Deputy City Manager, and the City Attorney.
Mayor Barajas called the meeting back to order at 9:58 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:58 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 8 of8Page16of704
MINUTES
City Council Special Meeting
7:00 PM - Monday, November 28, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph
Campos, David Milne, Zahra Roach, and Pete Serrano
Councilmembers absent: None
Staff present: Adam Lincoln, Interim City Manager; Angela Pashon, Interim Deputy
City Manager; Darcy Buckley, Finance Director; Colleen Chapin, Human
Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach
Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief;
Rick White, Community & Economic Development Director; Steve Worley, Public
Works Director; and Debby Barham, City Clerk.
The meeting was opened with Girl Scout Troop No. 5315 leading the Pledge of
Allegiance.
EXECUTIVE SESSION
Council adjourned into Executive Session at 7:03 PM for 15 minutes to discuss the
qualifications of an applicant for public employment per RCW 42.30.110(1)(g) with
the Interim City Manager and the City Attorney.
Mayor Barajas called the meeting back to order at 7:18 PM.
Ms. Roach joined the meeting at 7:18 PM.
Page 1 of4Page17of704
RECESS
Mayor Barajas called a short recess while the video and audio equipment in the
Council Chambers was temporarily replaced with a remote video camera.
The meeting was called back to order at 7:26 PM.
UNFINISHED BUSINESS
Closed Record Hearing - Road 40 LLC Rezone I-1 to I-2 (Z 2022-009)
Mayor Barajas announced that the closed record hearing for Road 40 LLC Rezone
I-1 to I-2 (Z 2022-009) item was a quasi-judicial action.
Mr. Ferguson read the quasi-judicial procedure including how the Appearance of
Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of
questions associated with potential conflicts of interest to disclose such potential
conflicts or appearance of conflicts. With no response from the Councilmembers,
he asked if any members of the public were seeking to disqualify a member of
Council from participating in the proceedings. No one came forward.
Mr. Ferguson stated this item was a Closed Record Hearing, no new evidence may
be presented, only those who participated in the Open Record Hearing in front of
the Hearing Examiner may testify and arguments must be summary only and not
offer new evidence.
Lastly, Mr. Ferguson noted that Council may process with one of the following
based on the Pasco Municipal Code Section 25.210.080.
1. Approve the reclassification with or without modification;
2. Enter into a concomitant agreement with the petitioner, as set fourth PMC
25.210.100; or
3. Deny the reclassification.
Mr. White provided a brief overview on the proposed rezone.
Mayor Barajas opened closed hearing.
Nicole Strickney, applicant of proposed rezone and representative the property
owners, reiterated the closed record comments and the Hearing Examiner's
recommendation for the rezone request and requested that Council approve the
rezone request. However, if Council requires a concomitant agreement, she stated
that the owners would be okay with it reiterating that their preference is approval of
the request as presented by the Hearing Examiner.
After three calls, Mayor Barajas closed the closed hearing.
Page 2 of4Page18of704
Council and staff briefly discussed the record and clarified the next steps available
to Council.
Council agreed that staff should bring back an ordinance for a rezone approval at
the next scheduled Council Meeting.
Ordinances Nos. 4619 & 4620 - Second Readings and Passage of 2023-2024
Operating & Capital Projects Budgets
Ms. Buckley provided a brief recap of the proposed 2023-2024 Biennial Budgets.
She noted that the there were two options for the ordinance approving the 2023-
2024 Operating Budget; the first was the original ordinance and the second, or
alternate, ordinance will stagger the hiring of additional staff.
Mayor Pro Tem Maloney noted that the proposed budgets were conservative and
there was no need to consider the alternative ordinance. He stated that staff has
done a fantastic job in developing the budgets.
Mr. Serrano also commented on the proposed budgets and staff's ability flexibility
to adjust the budgets if there is an economic downturn.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Serrano to give the second reading and passage of Ordinance No. 4619,
approving the Operating Budget for 2023-2024 Biennium, and further, authorize
publication by summary only.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to give the second reading and passage of Ordinance No. 4620,
approving the Capital Projects Budget for 2023 -2024 Biennium, and further,
authorize publication by summary only.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
Page 3 of4Page19of704
Approval of Amended Draft City Council Redistricting Plan for Publication
and Public Comment
Mr. Serrano recused himself from the meeting during this agenda item and left the
Council Chambers at 7:58 PM.
Mr. Ferguson provided an brief history of the proposed redistricting map, the
changes needed to the map, the updated map and it is now before Council for
approval of the amended draft City Council Redistricting Plan for consideration and
not the final Council Voting Districts Map. If approved by Council, then there will be
a seven-day period for Council to receive written comments from residents within
the voting districts.
Council and staff held a brief question and answer period.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to approve the amended Redistricting Plan for the Pasco City Council
Voting Districts for publication and public comment consistent with State and
Federal Voter Rights Acts.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, and Councilmember Roach
ABSENT: Councilmember Serrano
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:05 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 4 of4Page20of704
MINUTES
City Council Workshop Meeting
7:10 PM - Monday, November 28, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 8:05 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph
Campos, David Milne, Zahra Roach, and Pete Serrano
Councilmembers absent: None
Staff present: Adam Lincoln, Interim City Manager; Angela Pashon, Interim Deputy
City Manager; Darcy Buckley, Finance Director; Colleen Chapin, Human
Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach
Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief;
Rick White, Community & Economic Development Director; Steve Worley, Public
Works Director; and Debby Barham, City Clerk.
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Serrano commented on the Hanford Area Economic Investment Fund Advisory
Committee meeting he attended earlier in the day.
ITEMS FOR DISCUSSION
Downtown Pasco Development Authority (DPDA) 2022 Annual Report and
2023 Funding Request
Economic Development Manager Gonzalez introduced Jerry Martinez, Downtown
Pasco Development Authority (DPDA) Executive Director and several DPDA Board
members in attendance including, Mr. Granbois, Ms. Grimes, Mr. Portugal and
former Board member Ms. Estrada.
Mr. Martinez provided a presentation of the DPDA 2022 Annual Report and the
proposed 2023 Funding Agreement.
Page 1 of3Page21of704
Council, Mr. Martinez and DPDA Board members discussed the 2022 events
sponsored by DPDA, the proposed 2023 funding agreement and the 2023 priorities
of the DPDA. Council expressed concern about the losses that DPDA incurred
during the first half of 2022, prior to Mr. Martinez's arrival. Council and the DPDA
discussed next steps and concurred that securing a consultant to review the DPDA
organization and evaluate the goals and direction that Council desires the DPDA to
focus on during the coming years would be key factor in turning this organization
around.
Mayor Barajas asked for DPDA's work plan and a report on their outreach efforts.
She confirmed that Council and staff are here to support Mr. Martinez and his
successes with DPDA.
RECESS
Mayor Pro Tem Barajas called a five-minute recess at 9:56 PM.
ITEMS FOR DISCUSSION CONTINUED
Proposed 2022 Budget Supplement
Ms. Buckley provided a brief report on proposed amendments to the 2022
Operating and Capital Projects Budgets in order to close the 2021 -2022 Biennial
Budgets.
Replacement Community Development System Selection and Purchase
Ms. Pashon provided a brief report on the need to replace the outdated Community
and Economic Development Department's software for permitting, inspections and
code enforcement processes.
Presentation: Snow and Ice Removal Plan
Mayor Barajas announced that the snow and ice remove plan presentation was
moved to a future workshop due to the late hour.
Lodging Tax Advisory Committee (LTAC) Recommendations for 2023
Ms. Pashon provided a brief report on the recommendations for the 2023 funding
from the lodging tax funding.
Ordinance & Resolution for Budget Amendment and Approval to the Design
Build of America (DBIA) Phase 1 Agreement for the Zone 3 Water Storage
Reservoir Project
Mr. Worley introduced Deputy Public Works Director Serra who provided a brief
report on the proposed budget amendment and approval of the DBIA Phase 1
Agreement for the Zone 3 Water Storage Reservoir project.
Page 2 of3Page22of704
Resolutions - Bid Award East UGA Expansion Sewer Local Improvement
District No. 152 Phases 1 and 2
Deputy Public Works Director Serra provided a brief report on the proposed bid
award of the east Urban Growth Area Expansion Sewer Local Improvement District,
phases 1 & 2 project.
Resolution - Community Economic Revitalization Board (CERB) Loan
Application Approval for the Process Water Reuse Facility (PWRF)
Pretreatment Improvements
Mr. Worley provided a brief report on the proposed approval of the CERB loan
application for the Process Water Reuse Facility pretreatment improvements.
Resolution - Contingency Agreement Approval for Community Economic
Revitalization Board (CERB) Loan Application for the Process Water Reuse
Facility Pretreatment (PWRF) Improvements
Mr. Worley provided a brief report on the proposed approval of a contingency
agreement for the CERB loan application for the PWRF pretreatment
improvements.
Resolution - Second Work Acceleration Agreement for the Process Water
Reuse Facility (PWRF) Pretreatment Improvements
Mr. Worley provided a brief report on the proposed second Work Acceleration
Agreement for the PWRF pretreatment improvements.
Council and Mr. Worley held a brief question and answer period.
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Ratkai announced the Tri Cities Animal Control Shelter new facility groundbreaking
event scheduled on Wednesday, November 30, 2022, at 10:00 AM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:37 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 3 of3Page23of704
AGENDA REPORT
FOR: City Council December 1, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 12.05.22
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $4,419,390.01 ($2,993,482.21 in Check
Nos. 252293-252562; $414,611.37 in Electronic Transfer Nos. 838011-838028,
838037-838041, 838045-838077, 838080-838204, 838222-838275, 838277,
838281-838346, 838348, 838350-838411, 838415-838421; $19,712.43 in
Check Nos. 54193-54204; $991,584.00 in Electronic Transfer Nos. 30182944-
30183518).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 24 of 704
REPORTING PERIOD:
December 5, 2022
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 252293-252562 54193-54204
Total Check Amount $2,993,482.21 $19,712.43 Total Checks 3,013,194.64$
Electronic Transfer Numbers 838011-838028 30182944-30183518
838037-838041
838045-838077
838080-838204
838222-838275
838277
838281-838346
838348
838350-838411
838415-838421
Total EFT Amount $414,611.37 $991,584.00 $0.00 Total EFTs 1,406,195.37$
Grand Total 4,419,390.01$
Councilmember
874,015.83
21,667.61
138.21
1,456.91
44,810.94
1,038.74
1,456.34
948.29
1,111.36
901.49
12,271.87
9,639.18
105.72
HOTEL/MOTEL EXCISE TAX 12,872.99
1,261,573.73
738,483.08
32,978.64
325,698.30
33.94
1,078,186.84
GRAND TOTAL ALL FUNDS:4,419,390.01$
PAYROLL CLEARING
MEDICAL/DENTAL INSURANCE
FLEX
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
RIVERSHORE TRAIL & MARINA MAIN
REVOLVING ABATEMENT
CEMETERY
ATHLETIC PROGRAMS
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
C.D. BLOCK GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Adam Lincoln, Interim City Manager Griselda Garcia, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
5th day of December, 2022 that the merchandise or services hereinafter specified have been received and are approved for payment:
November 17 - November 30, 2022
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
Page 25 of 704
AGENDA REPORT
FOR: City Council November 21, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Ordinance No. 4625 & Resolution No. 4280 - Budget Amendment and
Approval to the Design Build of America (DBIA) Phase 1 Agreement for
the Zone 3 Water Storage Reservoir Project
I. REFERENCE(S):
Ordinance
Resolution
Amendment No. 1
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4625, amending the 2021-2022
Biennial Budget (ordinance No 4560) of the City of Pasco, Washington, by
providing supplement thereto; to provide additional appropriation in the City's
Water Fund for the construction of the Zone 3 Water Reservoir Storage Tank.
MOTION: I move to approve Resolution No. 4280, authorizing the City Manager
to execute Amendment No. 1 to the Design Build Institute of America Phase 1
Agreement with T Bailey, Inc. for the progressive design -build services for the
Zone 3 Water Storage Reservoir project.
III. FISCAL IMPACT:
Original Agreement $388,961.76
Phase 1 Sales Tax Credit -$30,801.76
Phase 1 Unused Contingency -$21,315.81
Approved Change Order No. 1 $608,373.89
Approved Change Order No. 2 (time extension only) $0
Approved Change Order No. 3 $5,402,098.04
GMP/Lump Sum Amendment (proposed) $10,711,046.47
New Agreement Total $17,058,362.60
Page 26 of 704
This project is funded through a $10M Public Works Board low-interest loan
and Water utility Rates, a budget amendment is needed to provide full funding
for the project.
Adopted 2021-2022 Biennial Budget: $11,310,000
Proposed 2023-2024 Biennial Budget: $3,998,000
Proposed 2022 budget amendment: $3,897,000
The total project budget is revised to $19,205,000.
IV. HISTORY AND FACTS BRIEF:
The City of Pasco (City) Potable Water System currently operates at a deficit in
storage. The need for storage in the north Pasco area (Zone 3) is exacerbated
by future development and growth. The Zone 3 Storage Reservoir Tank project
will help alleviate the deficit and provide needed potable water storage to
accommodate peak demands for current and future users.
The City received state approval to use the Progressive Design-Build (PDB)
process for this project. The City’s primary objective in utilizing the Design-Build
procurement approach was to bring the best available design and construction
experience and expertise together to successfully meet the unique challenges
presented by this project and meet a tight completion schedule.
On November 1, 2021, Council approved the DBIA Phase 1 Agreement with T
Bailey, Inc. for this project.
The contract has gone through a series of amendments in the form of change
orders, which is the prescribed method defined in the contract to progress the
project through each step of the Progressive Design Build process. The term
change order” in this sense does not have its traditional meaning. The work
defined by each change order thus far is not in addition to the scope of work
originally defined, but rather an anticipated scope of work allowed under the
current contract. These change orders do not increase the overall cost of the
project.
Change Order No. 1, in the amount of $608,373.89 (including contingency for
escalation of materials costs) authorized the pre -purchase of long lead water
main materials.
Change Order No. 2, extended the Phase 1 contract time to allow for the
negotiation of a Guaranteed Maximum Price (GMP). Change Order No. 2 had
no financial impacts.
Page 27 of 704
Change Order No. 3, in the amount of $5,402,098.04, allowed for early site work
to begin. This change order was instrumental to allow the Progressive Design
Build Team to begin work while the weather was favorable as the construction
of the reservoir foundation would have been negatively impacted by winter
weather conditions. Also included in Change Order No. 3 was an allowance for
the advanced purchase of raw steel only to be used if the market conditions were
favorable.
The final amendment to the original contract (the subject of this Agenda item), is
defined by the language in the original contract as the “GMP Amendment”. With
the approval of this amendment, the parties accept the full contract price for the
delivery of the proposed improvements.
V. DISCUSSION:
The Progressive Design Build Team (PDB Team) and City staff have negotiated
a GMP/Lump Sum Amendment. This amendment is reflective of the final costs
developed through coordination with the PDB Team, the City’s third-party
owner’s representative, and City staff.
An independent cost estimate has been developed for comparative purposes
during GMP negotiations and to ratify the reasonability of the overall proposed
project costs. The projected costs provided by the PDB team reflected an overall
project cost $924,074.14 (-5.1%) less than the independent estimate.
A total of $6,399,433.70 has been authorized through prior agreements and
change orders. Of the previously approved amounts, $52,117.57 was unused
and returned to the City in the form of credits. The proposed GMP of
10,711,046.47 for the remaining work combined with the previously approved
amounts represents the overall price of $17,058,362.60, which the City and the
PDB Team have agreed to convert to a lump sum and is reflected as the
Contract Price” shown in subject agreement.
Staff recommends execution of GMP/Lump Sum Amendment to the Agreement
with T Bailey, Inc. for the Water Storage Reservoir Zone 3 Progressive Design
Build in the amount of $10,711,046.47.
This item was discussed at Council Workshop on November 28, 2022.
Page 28 of 704
Ordinance – 2021-2022 Capital Projects Budget Amendment- 1
ORDINANCE NO. ____
AN ORDINANCE AMENDING THE 2021-2022 BIENNIAL BUDGET
ORDINANCE NO. 4560) OF THE CITY OF PASCO, WASHINGTON, BY
PROVIDING SUPPLEMENT THERETO; TO PROVIDE ADDITIONAL
APPROPRIATION IN THE CITY’S WATER FUND FOR THE
CONSTRUCTION OF THE ZONE 3 WATER RESERVOIR STORAGE TANK.
WHEREAS, on December 7, 2020, the Pasco City Council approved Ordinance No. 4503,
adopting the 2021-2022 Biennial Budget; and
WHEREAS, on November 22, 2021, the Pasco City Council approved Ordinance No.
4560, adopting the 2021-2022 Biennial Budget Amendment; and
WHEREAS, the 2021-2022 Amended Biennial Budget included the Zone 3 Water
Reservoir Storage Tank in the amount of $11,310,000 with revenue anticipated from Water Fund
expansion fees and a secured low interest loan; and
WHEREAS, the 2023-2024 Proposed Biennial Budget included the Zone 3 Water
Reservoir Storage Tank in the amount of $3,998,000 with revenue anticipated from Water Fund
and a secured low interest loan; and
WHEREAS, the City is in receipt of a construction loan of $10,000,000 funded through
the Washington State Public Works Board for the Zone 3 Water Reservoir Storage Tank; and
WHEREAS, current project costs exceed the original anticipated costs, due to market
conditions; and
WHEREAS, the City is pursuing an increase of funds to cover construction costs
anticipated to be expended in 2022 through 2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to RCW 35A.34.200(3), the 2021-2022 Biennial Budget be and the
same is hereby amended to provide for the following adjustments to revenues, transfers in,
expenditures, and transfers out by providing authority for any necessary transfer of money within
or between funds indicated, and their subsequent impact to end fund balance:
Fund EXPENDITURE REVENUE
Water/Sewer Utility Fund $ 3,897,000 $ 3,897,000
Total $ 3,897,000 $ 3,897,000
Page 29 of 704
Ordinance – 2021-2022 Capital Projects Budget Amendment- 2
Section 2. That the additions in appropriations and expenditures are hereby declared to
exist in the above funds for the said uses and purposes as shown above and the proper City officials
are hereby authorized and directed to issue warrants and transfer funds in accordance with the
provision of the Ordinance.
Section 3. Except as amended herein, Ordinance No. 4560 as previously adopted
heretofore shall remain unchanged.
Section 4. This Ordinance, being an exercise of a power specifically delegated to the City
legislative body, is not subject to referendum, and shall take full force and effect five (5) days after
approval, passage and publication as required by law.
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
Published: ___________________________
Page 30 of 704
Resolution – GMP/Lump Sum Amendment to DBIA Agreement with T Bailey, Inc
Water Storage Reservoir Zone 3 Progressive Design Build project - 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE DESIGN BUILD INSTITUTE OF AMERICA
DBIA) PHASE 1 AGREEMENT WITH T BAILEY, INC. FOR THE
PROGRESSIVE DESIGN-BUILD SERVICES FOR THE ZONE 3 WATER
STORAGE RESERVOIR PROJECT.
WHEREAS, the City and T Bailey, Inc. entered into an Agreement on November 21,
2021, to provide progressive design-build services; and
WHEREAS, the City of Pasco, pursuant to RCW 39.80.050(1), has negotiated a fair and
reasonable DBIA Phase 1 Agreement with T Bailey, Inc. based on the estimated value of the
services including their scope, complexity, and professional nature; and
WHEREAS, Phase 1 contract provides for 60% design and permitting activities with an
option to progress design to 100% and enter into a final amendment to accept a full contract
price; and
WHEREAS, previously executed Change Order No. 1 in the amount of $608,373.89
including Washington State Sales Tax) was for the early acquisition of pipeline materials to
offset the long lead-in Ductile iron pipe and fittings associated with this project; and
WHEREAS, previously executed Change Order No. 2 was a no-cost change order for
time extension purposes only; and
WHEREAS, previously executed Change Order No. 3 in the amount of $5,402,098.04
was negotiated to allow for early site development which included grading, foundation
excavation, foundation construction, foundation backfill and acquisition of raw steel to construct
the shell of the reservoir; and
WHEREAS, a Guaranteed Maximum Price (GMP)/Lump Sum Amendment was
negotiated to allow for the completed design, full site development, and construction of the Zone
3 Water Reservoir Storage Facility in the amount of $10,711,046.47 (including Sales Tax),
which requires Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
That the GMP/Lump Sum Amendment is to pay for a completed design, full site
development and construction of the Zone 3 Water Reservoir Storage Facility.
Page 31 of 704
Resolution – GMP/Lump Sum Amendment to DBIA Agreement with T Bailey, Inc
Water Storage Reservoir Zone 3 Progressive Design Build project - 2
Be It Further Resolved that the Interim City Manager, for the City of Pasco, is hereby
authorized to execute the GMP/Lump Sum Amendment, 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.
PASSED by the City Council of the City of Pasco, Washington, this __ day of December
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 32 of 704
GMP/Lump Sum AMENDMENT
City of Pasco
Zone 3 Reservoir Storage Tank
1.Pursuant to Section 6.6.1 of the Agreement, this GMP Amendment incorporates the
following terms into the Agreement. To the extent any terms set forth in this GMP Amendment
conflict with the Agreement, the terms in this GMP Amendment shall govern.
2.The Design-Builder has submitted to Owner the GMP Proposal pursuant to Section
6.6.1.9 of the Agreement.
3.The Owner has reviewed the GMP Proposal, the parties have reconciled the Owner’s
Comments pursuant to Section 6.6.1.7 of the Agreement, and the Owner has accepted the
GMP Proposal as reconciled. The deliverables with the GMP Proposal are set forth in the
exhibits attached hereto are incorporated as if fully set forth herein.
4.The Owner has decided to exercise its option to enter into Phase 2 of the Agreement
pursuant to Section 6.6.1.9.b of the Agreement.
5.The parties have decided, pursuant to Section 6.6.2.3 of the Agreement to convert the
Guaranteed Maximum Price (“GMP”) into a Lump Sum. The Lump Sum Amount shall be
referred to as the “Contract Price”. Where in the Agreement or General Conditions the terms
GMP” or “Guaranteed Maximum Price” appears, the terms shall be defined as the “Contract
Price”.
6.Consistent with the GMP Proposal, the parties hereby establish the following
Commercial Terms:
Contract Price $17,058,362.60
Ready for Water Milestone Date April 24, 2024
Substantial Completion Date June 7, 2024
Final Completion Date August 30, 2024
7.Other Commercial Terms are set forth below:
a.Liquidated Damages as provided in Section 5.4 – 5.6 of the Agreement are
established at $7,500.00 per calendar day from the Ready for Water Milestone
Completion Date set forth in Item 6 of this agreement until Design-Builder
achieves the Ready for Water Milestone Completion.
b.Liquidated Damages as provided in Section 5.4 – 5.6 of the Agreement are
established at the following schedule for each calendar day from the Substantial
Completion Date set forth in the Schedule (Scheduled Substantial Completion
Date”) until Design-Builder achieves Substantial Completion
For days 1 – 10 after the Scheduled Substantial Completion Date: $3,750 per
calendar day
For days 11-20 after the Scheduled Substantial Completion Date: $5,625 per
calendar day
EXHIBIT A
Page 33 of 704
For days 21-30 after the Scheduled Substantial Completion Date: $7,500 per
calendar day
For every day beyond day 30 after the Scheduled Substantial Completion Date:
9,325 per calendar day.”
c. Notwithstanding Section 1.2.31 of the General Conditions, the parties have
agreed to the following definition of “Ready for Water Milestone” and “Substantial
Completion” set forth in Exhibit H to this Amendment.
d. Should the contractor not meet the requirements to satisfy the “Ready for Water”
milestone by the date identified as the substantial completion date, liquidated
damages will not be assessed cumulatively. However, should the requirements
of the “Ready for Water” milestone not be reached by the 30th calendar day
beyond the substantial completion date, liquidated damages will be assessed at
the rate of $9,325 per calendar day.
8. Pursuant to Section 10.2 of the Agreement, Design-Builder shall provide a Payment and
Performance Bond pursuant to RCW Chapter 39.08 equal to one hundred percent (100%) of the
amount of the Contract Price set forth above.
9. With the establishment of the Lump Sum rather than a GMP as the Contract Price, Design-
Builder shall be compensated pursuant to Section 6.4.3 of the Agreement rather than Section
6.6.2.1. In addition, the following provisions apply:
a. The provisions of the Agreement and General Conditions regarding compensation
based on any basis other than the Lump Sum Contract Price established above shall not
apply to the Design-Builder’s compensation. Such provisions include, but are not limited
to the following:
i. Section 6.2 of the Agreement;
ii. Section 6.3 of the Agreement;
iii. Sections 6.4.1, 6.4.2, 6.4.4, 6.4.5, and 6.4.6 of the Agreement;
iv. Section 6.6.2 of the Agreement; and
v. Section 6.6.3 of the Agreement.
b. The Contract Price shall include all compensation for the Work as set forth in this
Amendment, including all compensation for the Work associated with Phase 1 and Phase
2, and including all sales, use, consumer and other taxes mandated by applicable Legal
Requirements. Design-Builder shall not be entitled to any additional compensation for the
Work in excess of the Contract Price, unless the Design-Builder is entitled to a Change
Order pursuant to Article 9 of the General Conditions.
c. Design-Builder affirms Section 6.6.1.6 of the Agreement that Design-Builder
represents and agrees that it has adequately investigated the site and the project
parameters, the Project is adequately defined, the Final Basis of Design Documents are
sufficiently defined to provide an accurate Contract Price and Project Schedule, and
subject to the assumptions and clarifications in Exhibit E to this Amendment, the Project
is sufficiently clear and understandable for the Design-Builder to perform the Work in
accordance with the Contract Documents for an amount that will not exceed the Original
Contract Price.
Page 34 of 704
Page 35 of 704
EXHIBIT A
LIST OF DELIVERABLES
GMP/Lump Sum AMENDMENT
City of Pasco
Zone 3 Reservoir Storage Tank
Pursuant to Section 2.01.C of Exhibit C to the Agreement, the parties hereby incorporate the
Design-Builder’s Proposal as set forth below into the Contract Documents as if fully set forth
herein.
1. Contract Price (set forth in the GMP Amendment) pursuant to Section 2.04.C of Exhibit C to
the Agreement.
2. Exhibit B to this Amendment: Final Basis of Design Documents pursuant to Section 2.03.B
of Exhibit C to the Agreement.
3. Exhibit C to this Amendment: Project Schedule pursuant to Section 2.02.D of Exhibit C to
the Agreement.
4. Exhibit D to this Amendment: Schedule of Values pursuant to Section 2.04.B of Exhibit C to
the Agreement. Note that because the Contract Price is a Lump Sum, the Design-Builder
has not submitted a Cost Model with its GMP Proposal.
5. Exhibit E to this Amendment: A list of the assumptions and clarifications made by the
Design-Builder in preparation of the GMP Proposal.
6. Exhibit F to this Amendment: Project Safety and Job Site Hazard Analysis pursuant to
Section 2.06.B of Exhibit C to the Agreement.
7. Project Phasing/Staging Analysis pursuant to 2.07 of Exhibit C to the Agreement is not
Applicable.
8. Exhibit G to this Amendment: Permitting Strategy Plan pursuant to Section 2.08 of Exhibit C
to the Agreement.
9. Exhibit H to this Amendment: QA/QC Plans pursuant to 2.9 of Exhibit C to the Agreement.
10. Exhibit I to this Amendment: Contract Close-Out Plan pursuant to Section 2.10 of Exhibit C
to the Agreement.
11. Exhibit J to this Amendment: Differing Site Conditions Report pursuant to Section 2.11 of
Exhibit C to the Agreement.
Page 36 of 704
EXHIBIT B
FINAL BASIS OF DESIGN DOCUMENTS
GMP/Lump Sum AMENDMENT
City of Pasco
Zone 3 Reservoir Storage Tank
The following documents constitute the Final Basis of Design Documents:
Name of Document Date of Document
Zone 3 Reservoir Basis of Design Report February, 2022
Engineering Geology Report June 10, 2022
60% Plan Set August 18, 2022
Page 37 of 704
EXHIBIT C
PROJECT SCHEDULE
GMP/Lump Sum AMENDMENT
City of Pasco
Zone 3 Reservoir Storage Tank
The Design-Builder shall comply with the attached Schedule, which shall be updated pursuant
to Exhibit C of the Agreement.
Page 38 of 704
ID Task Name Duration
EXHIBIT D
SCHEDULE OF VALUES
GMP/Lump Sum AMENDMENT
City of Pasco
Zone 3 Reservoir Storage Tank
The Design-Builder shall comply with the attached Schedule of Values, which shall be updated
pursuant to Exhibit C of the Agreement.
See attached Schedule of Values
Page 40 of 704
T BAILEY, INC.
Zone 3Reservoir Storage Tank - Phase 1 FINAL 10/31/22
City of Pasco Project #21252
ITEMNO.DESCRIPTION OF ITEM QUANTITIES CO3 GMP
OFUNITS UNIT PRICE PRICE
1.0 MOB, DEMOB, CLEANUP 1 LS 262,200.00$ 1,117,800.00$ 1,380,000.00$
EQUIPMENT/MATERIALS MOBE/DEMOBE 1 LS -$ 135,000.00$
SITE MANAGEMENT/SUPERVISION 1 LS -$ 305,000.00$
FACILITIES/SITE UTILITIES/SECURITY 1 LS -$ 100,000.00$
SUPERVISION HOUSING/SUBSITANCE 1 LS -$ 104,500.00$
MAINTENANCE/REPAIR/SERVICES/ EQUIPMENT 1 LS -$ 86,000.00$
OUTSIDE SERVICES 1 LS -$ 90,000.00$
PROJECT MANAGEMENT 1 LS -$ 170,500.00$
INSURANCE/BOND/B&O 1 LS -$ 389,000.00$
2.0 TEMP EROSION & SEDIMENTATION CONTROL 1 LS 147,250.00$ 7,750.00$ 155,000.00$
SILT FENCE, SEED, 1 LS -$ 45,000.00$
TEMP CONSTRUCTION ACCESS/ENTRANCE 1 LS -$ 75,000.00$
SITE GRADING 1 LS 35,000.00$
3.0 TRENCH SAFETY & SHORING 1 LS -$ 5,000.00$ 5,000.00$
4.0 SITE WORK 1 LS 148,750.00$ 276,250.00$ 425,000.00$
ENGINEERING (DESIGN & CONSTRUCTION) 1 LS -$ 113,000.00$
CLEARING, GRUBBING, GRADING, SEEDING 1 LS -$ 127,000.00$
BLOCK WALL AND ACCESS GATE 1 LS -$ 138,750.00$
PAVE ROAD TO SITE HMA 1 LS -$ 46,250.00$
CONTINGENCY 1 LS 35,000.00$ 15,000.00$ 50,000.00$
5.0 EXCAVATION 1 LS 315,000.00$ 35,000.00$ 350,000.00$
ENGINEERING (DESIGN & CONSTRUCTION) 1 LS -$ 22,000.00$
EXCAVATION AND GRADING 1 LS -$ 185,100.00$
QUARRY SPALLS 1 LS -$ 67,000.00$
SEPARATE/HAUL/STOCK PILE BLACK SAND 1 LS -$ 38,900.00$
OVERFLOW POND 1 LS 37,000.00$
CONTINGENCY 1 LS 90,000.00$ (40,000.00)$ 50,000.00$
6.0 BACKFILL 1 LS 427,500.00$ 22,500.00$ 450,000.00$
ENGINEERING (DESIGN & CONSTRUCTION) 1 LS -$ 33,000.00$
IMPORT/STOCKPILE/PLACE/WATER/COMPACT 1 LS -$ 285,000.00$
NATIVE LOAD/HAUL/PLACE/WATER/COMPACT 1 LS -$ 132,000.00$
CONTINGENCY 1 LS 142,500.00$ (42,500.00)$ 100,000.00$
7.0 CRUSHED ROCK 1 LS -$ 120,000.00$ 120,000.00$
ENGINEERING (DESIGN & CONSTRUCTION) 1 LS -$ 22,000.00$
CSBC ACCESS ROAD RD 90 TO SITE 1 LS -$ 66,000.00$
CSTC ACCESS ROAD/ RD 90 TO SITE 1 LS -$ 20,000.00$
GRADING/COMPACTION/SURVEY 1 LS 12,000.00$
8.0 SITE UTILITIES 1 LS -$ 75,000.00$ 75,000.00$
ENGINEERING (DESIGN & CONSTRUCTION) 1 LS -$ 22,000.00$
EXPANSION JOINTS AND VALVES 1 LS -$ 30,500.00$
DRAINAGE PIPING AND BASINS 1 LS -$ 22,500.00$
9.0 OFFSITE IMPROVEMENTS 1 LS 268,650.00$ 726,350.00$ 995,000.00$
ENGINEERING (DESIGN & CONSTRUCTION) 1 LS -$ 43,000.00$
WATER LINE 1 LS -$ 402,000.00$
SAFETY/SHORING 1 LS -$ 15,000.00$
FLUSHING/PRESSURE TEST/PURITY 1 LS -$ 20,000.00$
ACCESS ROAD 1 LS -$ 105,000.00$
SITE GRADING/STRIP/HAUL/COMPACT 1 LS -$ 185,000.00$
CONTROL/SURVEY/LAYOUT 1 LS -$ 15,000.00$
EROSION CONTROL 1 LS -$ 10,000.00$
ELECTRICAL (PLUG)1 LS -$ 200,000.00$
CONTINGENCY 1 LS 54,000.00$ (54,000.00)$ -$
10.0 CONNECT TO WATER MAIN 1 LS -$ 12,000.00$ 12,000.00$
11.0 CATHODIC PROTECTION 1 LS -$ 68,000.00$ 68,000.00$
ENGINEERING (DESIGN & CONSTRUCTION) 1 LS -$ 15,000.00$
TANK MODIFICATIONS, MATERIAL/LABOR 1 LS -$ 3,000.00$
CATHODIC PROTECTION SUBCONTRACT (PLUG)1 LS -$ 50,000.00$
CONTINGENCY 1 LS -$ -$ -$
12.0 RESERVOIR CALCS & DWGS 1 LS -$ 40,000.00$ 40,000.00$
13.0 RESERVOIR FOUNDATION 1 LS 1,116,955.00$ 34,545.00$ 1,151,500.00$
ENGINEERING (DESIGN & CONSTRUCTION) 1 LS -$ 29,000.00$
MAT SLAB 1 LS -$ 408,500.00$
REBAR 1 LS -$ 365,000.00$
ANCHORS 1 LS -$ 86,000.00$
RINGWALLS 1 LS -$ 148,000.00$
COLUMNS 1 LS -$ 85,000.00$
FLOOR SLAB 1 LS -$ 20,000.00$
GROUT 1 LS -$ 10,000.00$
CONTINGENCY 1 LS 48,500.00$ (48,500.00)$ -$
14.0 RESERVOIR STRUCTURE & APPURT 1 LS 1,839,926.40$ 5,920,073.60$ 7,760,000.00$
ENGINEERING (DESIGN & CONSTRUCTION) 1 LS -$ 44,000.00$
RESERVOIR FABRICATION 1 LS -$ 4,371,000.00$
FIELD ERECT RESERVOIR 1 LS -$ 2,745,000.00$
WHEEL & PRIME 1 LS -$ 400,000.00$
SET ROOF/SET BOWL 1 LS -$ 200,000.00$
CONTINGENCY 1 LS -$ 50,000.00$ 50,000.00$
15.0 RESERVOIR MECHANICAL 1 LS 30,000.00$ 70,000.00$ 100,000.00$
ENGINEERING (DESIGN & CONSTRUCTION) 1 LS -$ 44,000.00$
TOTALCOST
Schedule of Values
Page 41 of 704
T BAILEY, INC.
Zone 3Reservoir Storage Tank - Phase 1 FINAL 10/31/22
City of Pasco Project #21252
ITEMNO.DESCRIPTION OF ITEM QUANTITIES CO3 GMP
OFUNITS UNIT PRICE PRICE
TOTALCOST
Schedule of Values
RESERVOIR PIPING IN FOUNDATION 1 LS -$ 25,000.00$
ALTITUDE/METER/FITTINGS 1 LS -$ 21,000.00$
FLUSHING AND STARTUP EQUIPMENT 1 LS -$ 10,000.00$
CONTINGENCY 1 LS 6,000.00$ (6,000.00)$ -$
16.0 RESERVOIR FINISHES 1 LS -$ 800,000.00$ 800,000.00$
ENGINEERING (DESIGN & CONSTRUCTION) 1 LS -$ 22,000.00$
FIELD COATING INTERIOR AND EXTERIOR 1 LS -$ 778,000.00$
CONTINGENCY 1 LS -$ 200,000.00$ 200,000.00$
17.0 ELECTRICAL 1 LS 31,500.00$ 178,500.00$ 210,000.00$
ENGINEERING (DESIGN & CONSTRUCTION) 1 LS -$ 99,000.00$
ELECTRICAL SITE WORK (PLUG)1 LS -$ 111,000.00$
CONTINGENCY 1 LS 6,000.00$ (6,000.00)$ -$
18.0 AUTOMATIC CONTROL 1 LS -$ 90,000.00$ 90,000.00$
ENGINEERING (DESIGN & CONSTRUCTION) 1 LS -$ 33,000.00$
CONTROL CONTRACTOR (PLUG)1 LS -$ 57,000.00$
CONTINGENCY 1 LS -$ -$ -$
19.0 RECORDS & O&M'S 1 LS -$ 22,000.00$ 22,000.00$
ENGINEERING (DESIGN & CONSTRUCTION) 1 LS -$ 11,000.00$
RED LINES 1 LS -$ 11,000.00$
20.0 TESTING, START UP & TRAINING 1 LS -$ 15,000.00$ 15,000.00$
21.0 MINOR CHANGES 1 LS -$ 150,000.00$ -$ 150,000.00$
SUBTOTALS 4,587,731.40$ 9,785,768.60$ 14,373,500.00$
CONTINGENCY 382,000.00$ 68,000.00$ 450,000.00$ 3.13%
SALES TAX 432,366.63$ 857,277.87$ 1,289,644.50$
5,402,098.03$ 10,711,046.47$ 16,113,144.50$
Cost of Work SteelAllowance DB Fee Contingency Sales Tax
Original Ph1 Contract 325,600.00$ -$ 32,560.00$ 30,801.76$ 388,961.76$
Change Order #1 Long Lead Utility Purchase 449,760.20$ 18,088.91$ 101,395.65$ 39,129.14$ 608,373.90$
Change Order #2 Time Extension -$ -$ -$ -$ -$ -$
Change Order #3 2,747,805.00$ 1,839,926.40$ 382,000.00$ 432,366.64$ 5,402,098.04$
Proposed GMP 9,785,768.60$ -$ 68,000.00$ 857,277.87$ 10,711,046.47$
Subtotal 17,110,480.17$
Phase 1contingency not used (21,315.81)$
Phase 1 non-taxable (30,801.76)$
Adjusted Total 17,058,362.60$
Adjustments
Page 42 of 704
EXHIBIT E
LIST OF ASSUMPTIONS AND CLARIFICATIONS
GMP/Lump Sum AMENDMENT
City of Pasco
Zone 3 Reservoir Storage Tank
The parties agree that the Contract Price incorporates the following assumptions and
clarifications:
1. Any unused contingency amount in Change Order 1 will be returned to the City and will
reduce the overall Adjusted Total due accordingly.
2. Line Item 21.0 (Minor Changes) must have prior approval from the City to be charged
against.
Page 43 of 704
EXHIBIT F
PROJECT SAFETY AND JOB SITE HAZARD ANALYSIS
GMP/Lump Sum AMENDMENT
City of Pasco
Zone 3 Reservoir Storage Tank
The Design-Builder shall comply with the attached Zone 3 Reservoir Storage Tank Site
Specific Health and Safety Plan #678.
Page 44 of 704
ZONE 3 RESERVOIR STORAGE TANK
SITE SPECIFIC
HEALTH & SAFETY
PLAN # 678
Design build project for a new 3.5MG water tank
Page 45 of 704
SITE SPECIFIC
HEALTH & SAFETY
PLAN
Note: This Site Specific Health & Safety Plan must be re-evaluated and updated annually or when site conditions or
scope of work changes.
CONSTRUCTION ACTIVITIES
Client Name:
Site Location: Project:
HASP Disclaimer –“This HASP has been designed for the methods presently contemplated by
the company for execution of the proposed work. Therefore, the HASP may not be appropriate if
the work is not performed by or using the methods presently contemplated by the company. In
addition, as the work is performed, conditions different from those anticipated may be
encountered and the HASP may have to be modified. Therefore, the company only makes
representations of warranties as to the adequacy of this HASP for currently anticipated activities
and conditions as of date of issue.”
Prepared by:
Chad Kean
T Bailey, Inc.
9628 S March's Point Rd.
Anacortes, WA 98221
Revision:
Date:
Page 46 of 704
T BAILEY CONTACT INFO
NAME OFFICE PHONE CELL PHONE
SAFETY Director
PROJECT MANAGER
SITE SUPERVISOR
CLIENT AND PROJECT INFORMATION
PROJECTNUMBERPROJECTNAME
CLIENT NAME
OCCUPATIONAL HEALTH ADDRESS
SCOPE OF WORK
CLIENT CONTACT
HASP creation date
CLIENT
ADDRE
SSS
CLIENT PHONE
NUMBER
CLIENT FAX
HOSPITAL
ADDRESS
PHONE
EYE CARE
PHONE
ADDRESS
URGENT
CARE
ADDRESS
PHONE
REVISION NUMBER
CHANGE THE LAST NUMBER TO THE NEXT CONSECTIVE NUMBER FOR EACH JOB 8.3.1-->8.3.2
CHANGE THE MIDDLE TO THE NEXT CONSECTIVE NUMBER FOR EACH CORRECTION FROM SAFETY OR OTHER PARTY to the template8.3-->8.4
DOCUMENT CHANGE ON REVISION HISTORY
CHANGE THE FIRST NUMBER TO THE NEXT CONSECTIVE NUMBER FOR EACH TEMPLATE CHANGE (ie adding
anew form)8.4-->9.0.0 (DOCUMENT CHANGE ON REVISION HISTORY
Page 47 of 704
Page 48 of 704
SITE HEALTH AND SAFETY PLAN ACKNOWLEDGMENT
I understand and agree to abide by the provisions as detailed in the TBI Safety and Health Plan
and this Project Site Health and Safety Plan (HASP) for the activities described in the
Project Work Plans and the AHA as outlined in section 4.4. Failure to comply with these
provisions may lead to disciplinary action, which may include dismissal from the work site,
termination of employment or, for subcontractors, termination of the work contract. (Make
additional copies as needed)
Printed Name Company Signature Date
Page 49 of 704
TABLE OF CONTENTS
SITE HEALTH AND SAFETY PLAN REVIEW AND APPROVALS ii
SITE HEALTH AND SAFETY PLAN ACKNOWLEDGMENT iii
1 1-1
1-1
1-1
1-1
INTRODUCTION
1.1 Purpose
1.2 Pre-Job Briefing & Safety Meetings
1.3 Key Personnel and Management
1.4 Training Requirements 1-4
2 SITE INFORMATION 2-1
2.1 Site Information 2-1
3 SCOPE OF WORK 3-3
4 HAZARD EVALUATION 4-1
4.1 Chemical Hazards 4-1
4.2 Physical Hazards 4-6
4.3 Natural and Biological Hazards 4-14
4.4 Job Hazard Analysis 4-15
5 5-1
5-1
5-2
ACCIDENT PREVENTION
5.1 Safe Work Practices
5.2 Safety Meetings
5.3 Safety Data Inventory 5-3
6 PERSONAL PROTECTIVE EQUIPMENT 6-1
6.1 General 6-1
6.2 Hearing Protection 6-2
6.3 Air-Purifying Respirators 6-2
7 CONFINED SPACE 7-1
7.1 Workplace Evaluation 7-1
7.2 Designation of Confined Spaces 7-1
7.3 Determining Non-Permit and Alternate Entry Confined Space 7-2
8 EXCAVATION AND TRENCHING 8-1
8.1 Excavation and Development 8-1
9 FALL PROTECTION PLANNING 9-1
9.1 Fall Protection 9-1
10 TANK SCAFFOLDING 10-1
10.1 Procedures 10-1
10.2 Tagging 10-2
11 FORKLIFT OPERATION 11-1
Page 50 of 704
12 AERIAL WORK PLATFORMS 12-1
12.1 Operation SAFETY WARNINGS AND CAUTIONS 12-1
12.2 Training 12-3
12.3 Inspection 12-3
12.4 Maintenance 12-4
13 LADDERS 13-1
13.1 Fixed Ladder Inspection 13-1
13.2 Setup 13-2
13.3 Use 13-3
13.4 Portable Ladder Use 13-4
13.5 Training 13-5
14 AUTOMATIC GIRTH WELDER 14-1
14.1 Single Head Automatic Girth Welder 14-1
15 AIR SAMPLING EXPOSURE MONITORING 15-1
15.1 Exposure Monitoring 15-1
16 SITE CONTROL AND WORK ZONES 16-1
16.1 Work Zones 16-1
16.2 Communication 16-1
16.3 Buddy System 16-2
17 17-1MOBILECRANES
17.1 Crane Operators
17.2 Swing-Away Boom extension 17-2
18 CRANE LIFTED WORK BASKET 18-1
18.1 Work Basket Operations 18-1
19 EMERGENCY RESPONSE CONTINGENCY PROCEDURES 19-5
19.1 On-Site Emergencies 19-5
19.2 Chemical or Petroleum Product Spill Response Procedures 19-6
19.3 Site Evacuation 19-9
20 TABLES 20-1
Table 4-1 Properties of Potential Site Contaminants 20-2
Table 5-1 Heat Index Guide 20-3
Table 5-2 Heat Stress Rest Breaks 20-4
Table 5-3 Outdoor Temperature Action Levels 20-4
Table 5-4 Cold Stress Guidelines 20-5
Table 5-5 Wind Chill Chart 20-6
Table 7-1 Action Levels for Field Activities 20-7
APPENDIX A FORMS A-1 Thru 29
APPENDIX B EMERGENCY CONTACT INFORMATION B-1 Thru 10
APPENDIX C SAFETY DATA SHEETS C-1
17-1
Page 51 of 704
1 INTRODUCTION
1.1 Purpose
The purpose of this Site-Specific Health and Safety Plan (HASP) is to provide specific
guidelines and establish procedures for the protection of personnel performing the scope of
activities, as described in Section 3 — Scope of Work, of this HASP. The information in this
HASP has been developed in accordance with applicable standards and is, to the extent possible,
based on previous studies and information available to date. This HASP is intended to be a living
document in that it must continually evolve as site conditions and knowledge of the site work
activities develops further. Adherence to the HASP as drafted alone will only provide the guidance
necessary to initiate the work and allow monitoring of site conditions to determine the required
protection. Continual updating of the HASP, based upon consistent monitoring and
implementation of the HASP adjustments, will provide for the required results.
1.2 Pre-Job Briefing & Safety Meetings
Prior to the start of the project, all personnel will participate in an initial pre-job briefing. A
pre-job briefing shall be given by the Project Manager (PM) or the Site Supervisor (SS), which
will serve to familiarize on-site personnel with the procedures, requirements, and provisions of
this HASP. Upon completion of the pre-job briefing, employees will sign the Health and Safety
Plan Acknowledgment Form located on page iii. The PM will ensure that the anticipated site
hazards are summarized and explained to all personnel, and that those personnel are aware of the
precautions they must take to minimize their exposure to those hazards. Specific topic areas to
be covered during the pre-job briefing are discussed in Section 1.4.1 of this plan.
Safety meetings will be held weekly prior to the start of the work week shift. Safety meetings
will be held at any time during the project when there is a need to address specific safety and
health concerns. All new employees must attend the meeting and be familiar with this HASP.
The Safety Meeting form is also included in Appendix A of this plan. Attendance records and
meeting notes shall be maintained with the project file.
1.3 Key Personnel and Management
Personnel conducting activities on site for which potential exposure exists must be in compliance
with all applicable Federal/State rules and regulations, including OSHA 29 CFR 1910, and
OSHA 29 CFR 1926. On-site personnel must also be familiar with the procedures and
requirements of this HASP. In the event of conflicting safety procedures/requirements,
personnel must implement those safety practices which afford the highest level of protection.
Safety Director – (SD)
The SD is responsible for administering TBI’s Safety and Health Program.
The Safety Director is responsible for the preparation and modification (as necessary) of this
HASP. Any significant changes in site operations, conditions, or other issues that may require
Page 52 of 704
alterations to the HASP, shall be discussed and approved by the SD. The SD will advise the PM
and SS on safety and health issues which may have an impact on project operations.
Project Manager - (PM)
The PM shall be responsible for the overall implementation of the HASP, and for ensuring that
all safety and health responsibilities are carried out in conjunction with this project. This shall
include, but is not limited to, review and approval of the HASP, communication of site
requirements to Subcontractor personnel, consultation with the Client/Owner regarding
appropriate changes to the HASP, and relating any changes to the site personnel. Specific items
that the PM is responsible for include:
Ensure that the HASP is read and signed by all field personnel on the project.
Ensure that all provisions of the HASP are followed.
Ensure that safety meetings are conducted weekly, and signed by all field workers.
Ensure correction of any reported or observed safety hazard.
Report all near miss, injury, illness and vehicle accident incidents according to the
Incident Reporting System Checklist (included in Appendix B) within 24-hours.
Immediately notify the SD upon receiving notice of any regulatory agency inspection.
Site Supervisor - (SS)
The SS shall be appointed by the PM prior to the commencement of field activities. When
possible, the SS shall be the senior-most person with the highest level of safety and health
training on the site. During this project the SS will act as the site safety officer when a SSO is
not required on site or assigned to the project.
The SS is the person who, under the supervision of the PM, is responsible for carrying out the
safety and health responsibilities by making sure that: 1) all necessary clean-up and maintenance
of safety equipment is conducted by field personnel; 2) if any emergency occurs on site, shall
contact local emergency services; and, 3) all the forms attached to the HASP are completed and
submitted to the PM upon completion of field activities including the Health and Safety Plan
Acknowledgment Forms, and the Safety Meeting Forms. Medical Data Sheets for employees are
to be completed and maintained at the site.
The SS has responsibility for all field activities and enforces safe work practices by all
employees. The SS is the designated competent person for the project site. The SS watches for
any ill effects on any crewmember, especially those symptoms caused by heat/cold stress or
chemical exposure. The SS oversees the safety of any visitors who enter the site. The SS
maintains communication with client representative(s).
Page 53 of 704
Specific duties of the Site Supervisor include:
Orders the immediate shutdown of site activities in the case of a medical emergency,
unsafe condition, or unsafe practice.
Provide the safety equipment, personal protective equipment, and other items necessary
for employees.
Enforce the use of required safety equipment, personal protective equipment, and other
items necessary for employee or community safety.
Conduct job site safety and health inspections.
Report safety and health concerns to management as necessary.
Site Safety Officer - (SSO)
The SSO is the site health and safety representative of TBI and is present during fieldwork
activities. The SSO has authority to take immediate action, including stopping work, to correct
safety violations or other unsafe conditions. The SSO will perform the following tasks:
Note: The SSO is not required on site when less than twenty-five employees are on site or the
potential for exposure to hazards requiring 40 hour training is not a concern.
Daily inspections of the job site and work-in-progress to verify compliance with the
HASP, and other occupational health and safety requirements of the contract;
Verify that all site personnel, including subcontractors, comply with the HASP
requirements;
Assess the site daily for any physical hazards;
Implement the air monitoring program described in this plan to determine the nature
and extent of airborne chemical hazards on site; Asbestos or Lead monitoring to be
conducted by a Certified Asbestos or Lead Consultant or abatement company;
Attend weekly site operations meetings to communicate the above findings. Solicit
input from other site personnel and subcontractors regarding any necessary
modifications to the site safety plan, site hazards, or near misses witnessed that might
not have been identified; and
Conduct weekly safety briefings, at the beginning of each work week shift, to inform
on-site personnel of a change(s) in site conditions.
The SSO has the following responsibilities:
Inventory of on-site H&S supplies and equipment;
Conducts weekly (or as appropriate) site H&S meetings and briefings;
Reports accidents, illnesses, and near misses to the PM and the SD;
Page 54 of 704
Establishes and maintains work zones;
Supervises personnel and equipment clean-up and maintenance;
Performs on-site monitoring, both area and personnel;
Establishes work and rest regimens when heat/cold stress is a concern, and monitors
active project personnel for heat/cold stress;
Verifies that site-specific H&S plans are implemented;
Reviews or modifies the site-specific H&S plans, when required, with review and
approval from the Safety Director; and
Suspends work activities when safety is a concern.
Employee Safety Responsibility
All employees are responsible for their own safety as well as the safety of those around them.
All employees shall use any equipment provided in a safe and responsible manner, as directed by
his supervisor. All project personnel will follow the policies set forth in the HASP.
Employees are directed to take the following actions when appropriate:
Suspend any operations which may cause an imminent health hazard to employees,
subcontractors, or others.
Correct jobsite hazards when possible to do so, without endangering life or health.
Report all incidents, unsafe conditions, or other safety and health concerns to the Site
Supervisor.
Equipment Operators
All equipment operators are responsible for the safe operation of heavy equipment. Operators
are responsible for inspecting their equipment to ensure safe performance. Brakes, hydraulic
lines, and backup alarms must be inspected during site mobilization. Equipment will be taken
out of service if an unsafe condition occurs.
1.4 Training Requirements
All project personnel conducting work at this site shall have completed at least TBI’s health and
safety training and confined space training, as required by the client.
In addition, all equipment operators shall provide photo copies of required licenses and current
training certificates. For confined space the SS or PM shall have received an additional 4 hours
of supervisory confined space training. All site employees shall receive client site training
before entering the work area.
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1.4.1 Site-Specific Training
An initial site-specific training session or briefing shall be conducted by the SS prior to
commencement of work and/or entering the site. During this initial training session, employees
shall be instructed on the following topics:
Personnel responsibilities
Content and implementation of the HASP
Site hazards and controls
Site-specific hazardous procedures (i.e., work activities, etc.)
Medical and training requirements
Use of direct reading monitoring equipment
Levels of protection
Action levels for upgrading/downgrading levels of PPE
Emergency information, including local emergency response team phone numbers,
route to nearest hospital, and emergency response procedures
Instruction in the completion of required forms
In addition to the initial site briefing conducted at the commencement of the project,
supplemental brief safety meetings shall be conducted by the SS to discuss potential health and
safety hazards associated with upcoming tasks, and necessary precautions to be taken.
Client safety requirements not specifically address by T BAILEY in this HASP shall comply
with the client’s safety policy.
Subcontractors and Visitors
Subcontractors and authorized visitors will be provided with all known information with respect
to the site operations and hazards covered in this plan.
1.4.2 Records
OSHA-required records, including the OSHA 300 log, medical surveillance records and training
documentation, are maintained at TBI’s corporate office in Anacortes, WA.
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2 SITE INFORMATION
2.1 Site Information
The job site is located at:
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3 SCOPE OF WORK
This Health and Safety plan covers work done by T Bailey, Inc. employees for:
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4 HAZARD EVALUATION
This section identifies and evaluates the potential chemical, physical, and biological hazards
which may be encountered during all field-related activities.
4.1 Chemical Hazards
The possible hazards found on this site may occur at any time during work activities. The routes
of exposure from these contaminants are primarily through inhalation of organic vapors and
dusts, and by direct contact with contaminated media.
The potential hazards of concern (HOCs) at excavation sites include components of gas and oil
vapors and liquid chemicals. These hazards may include methane, hydrogen sulfide, and other
organic vapors due to the presence of natural organic decay or petroleum distillates and
hydrocarbons.
A summary of the potential contaminant properties and their associated exposure limits
and symptoms of exposure is included below. An inventory of hazardous materials and Safety
Data Sheets (SDS) can be found in Appendix C.
Carbon Monoxide
Carbon Monoxide, chemical compound of carbon and oxygen with the formula CO. It is a
colorless, odorless gas, about 3 percent lighter than air, and is poisonous to all warm-blooded
animals and to many other forms of life. When inhaled it combines with hemoglobin in the
blood, preventing absorption of oxygen and resulting in asphyxiation. Red blood cells pick up
CO quicker than they pick up oxygen. If there is a lot of CO in the air, your body may replace
oxygen in your blood with CO. This can damage tissues in your body, and it can kill you.
Knowing where CO is found and how to avoid it can protect you from serious injury or death.
Carbon monoxide is formed whenever carbon or substances containing carbon are burned with
an insufficient air supply. Even when the amount of air is theoretically sufficient, the reaction is
not always complete, so that the combustion gases contain some free oxygen and some carbon
monoxide.
An incomplete reaction is especially probable when it takes place quickly, as in an automobile
engine; for this reason, automobile-exhaust gases contain harmful quantities of carbon
monoxide, sometimes several percent, although antipollution devices are intended to keep the
level below 1 percent. As little as 1/1000 of 1 percent of carbon monoxide in air may produce
symptoms of poisoning, and as little as 1/2 of 1 percent may prove fatal in less than 30 min.
Carbon monoxide is a major ingredient of the air pollution in urban areas.
Because it is odorless, carbon monoxide is an insidious poison. The initial symptoms of CO
poisoning are similar to the flu (but without the fever). They include:
Headache
Fatigue
Shortness of breath
Nausea
Dizziness
Many people with CO poisoning mistake their symptoms for the flu or are misdiagnosed by
physicians, which sometimes results in unconsciousness then into a tragic death.
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Do not use gasoline-powered tools and engines indoors. If use is unavoidable, ensure that
adequate ventilation is available and place engine unit outdoors.
If you think you are experiencing any of the symptoms of CO poisoning, get fresh air
immediately. It is also important to contact a doctor immediately for a proper diagnosis. Tell
your supervisor that you suspect CO poisoning is causing your problems. Prompt medical
attention is important if you are experiencing any symptoms of CO poisoning when you are
operating fuel-burning appliances.
Many people using gasoline-powered tools such as high-pressure washers, concrete cutting saws
walk-behind/hand-held), power trowels, floor buffers, welders, pumps, compressors, and
generators in buildings or semi-enclosed spaces have been poisoned by carbon monoxide (CO).
CO can rapidly accumulate (even in areas that appear to be well ventilated) and build up to
dangerous or fatal concentrations within minutes.
It is not widely known that small gasoline-powered engines and tools present a serious health
hazard. They produce high concentrations of CO. CO can overcome exposed persons without
warning. Often there is little time before they experience symptoms that inhibit their ability to
seek help.
Prior use of equipment without incident has sometimes given users a false sense of safety; such
users have been poisoned on subsequent occasions.
Recommendations for preventing CO poisoning are provided below:
All Employees and Equipment Users Should:
NOT use of or operate gasoline-powered engines or tools inside buildings or in partially enclosed
areas unless gasoline engine unit can be located outside and away from air intakes.
Learn to recognize the symptoms and signs of CO overexposure; headache, nausea, weakness,
dizziness, visual disturbances, changes in personality, and loss of consciousness. Any of these
symptoms and signs can occur within minutes of usage.
Always place the pump and power unit of high-pressure washers outdoors and away from air
intakes so that engine exhaust is not drawn indoors where the work is being done. Run only the
high pressure wash line inside.
Consider the use of tools powered by electricity or compressed air if they are available and can
be used safely. For example, electric-powered tools present an electrocution hazard and require
specific precautions for safety.
If compressed air is used, place the gasoline-powered compressor outdoors and away from air
intakes so that engine exhaust is not drawn indoors where the work is being done.
Use CO monitors where potential sources of CO exist. These monitors should be equipped with
audible alarms to warn workers when CO concentrations are too high.
Employer supervisor:
Conduct a workplace survey to identify all potential sources of CO exposure.
Educate workers about the sources and conditions that may result in CO poisoning as well as the
symptoms and control of CO exposure.
Always substitute less hazardous equipment if possible.
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Use equipment that allows for the placement of gasoline-powered engines outdoors at a safe
distance from air entering the building.
Monitor employee CO exposure to determine the extent of the hazard.
Employees Should Also:
Substitute less hazardous equipment whenever possible. Use electric tools or tools with engines
that are separate from the tool and can be located outside and away from air intakes.
Learn to recognize the warning symptoms of CO poisoning.
If you have any symptoms, immediately turn off equipment and go outdoors or to a place with
uncontaminated air.
Tell your supervisor have them call 911 or another local emergency number for medical attention
or assistance if symptoms occur. Do NOT drive a motor vehicle -- get someone else to drive you
to a health care facility.
Stay away from the work area until the tool has been deactivated and measured CO
concentrations are below accepted guidelines and standards.
Watch coworkers for the signs of CO toxicity.
Methane
Pure methane is a colorless and odorless gas. It has practically no toxic effects below the
flammable limits. While methane has no noticeable toxic effects, high concentrations can
displace oxygen and serve as a simple asphyxiant.
OSHA does not regulate exposure to methane by a specific standard. However, methane is a
flammable gas and must be controlled at least 20 percent below its lower explosive limit (LEL).
Hydrogen Sulfide
Hydrogen sulfide is a colorless, toxic gas that is identified by the offensive odor of rotten eggs.
It is heavier than air, flammable, and is generally a component of landfill gas. Hydrogen sulfide
can cause irritation of eyes, nose and throat, beginning at approximately 10 ppm. Long-term
exposure (30 minutes or longer) to high concentrations can cause drowsiness, staggering, and
nausea which can lead to death, due to respiratory system failure.
The odor of hydrogen sulfide can be detected at approximately 0.03 ppm and become offensive
at 3 ppm, and causes irritation at 10 ppm. An especially dangerous situation is brief exposure to
concentrations of 50 ppm, which can cause a person to lose the sense of smell. This has been
described in accident reports as “I first smelled hydrogen sulfide, then it went away.” This is
called olfactory fatigue. The toxic effect of hydrogen sulfide paralyzes the respiratory control
center, which leads to suffocation and then death.
Hydrogen sulfide has a wide flammable range (LEL 4.0%, UEL 44.0 %). This property, coupled
with its heavier-than-air density, makes it a hazard in trenches and low-lying areas.
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Hydrogen sulfide is regulated by OSHA on a 20 ppm ceiling concentration. A ceiling
concentration means that this level cannot be exceeded during any part of the work period.
OSHA has also established a Permissible Exposure Limit (PEL) concentration at 10 ppm, and an
Immediately Dangerous to Life or Health (IDLH) concentration of 100 ppm.
Employees are directed to shut down ignition sources and leave the area if hydrogen sulfide is
detected above 10 ppm. Generally, natural cross-ventilation will reduce hydrogen sulfide to
acceptable levels. Re-entry and continuation of work may be done only under controlled
conditions involving monitoring equipment and in supplied air respirators if levels exceed, or are
likely to exceed, 10 ppm.
Organic Solvents
Organic solvents constitute a chemically diverse group of liquids characterized by their ability to
dissolve oils, fats, resins, rubber, and plastics. Solvents may be divided into a number of
categories based on their chemical structures. Most solvents produce irritant effects on the
mucous membranes of the eyes, nose, and throat. In general aromatic solvents are more potent
irritants than aliphatic solvents. Heavy exposures are commonly associated with cough, chest
tightness, and feeling of breathlessness. At very high exposures, a number of common solvents,
such as toluene, xylene, and methylene chloride, can induce pulmonary edema or chemical
pneumonitis. Short-term high exposures to organic solvents produce narcotic effects. Acute
symptoms include headache, dizziness, confusion, a feeling of drunkenness, and if the exposure
continues, unconsciousness and death. Acute symptoms are reversible after the discontinuation
of exposure but may increase the sensitivity to future exposures. Studies involving chronic
exposure to organic solvents have discovered a number of central nervous system effects.
Chronic exposure symptoms include memory problems, concentration difficulties, affective
changes (such as aggressiveness and depression), fatigue, vertigo, decreased libido, sleeping
problems, and vegetative symptoms (such as palpitations and increased sweating). At least
several years of exposure seem to be required for the symptoms to become chronic, even in
heavily exposed occupations. Dermal contact should be avoided since solvents have a defatting
action on the skin. Alcohols are claimed to be less irritating than the aldehydes or ketones. The
potential to cause irritation decreases as the molecular size increases. The alcohols act as drying
agents and provide irritant contact dermatitis. Ketones are mild skin irritants. Esters are, in
general, more potent skin irritants than the corresponding alcohols. Specific organic solvents
have their own exposure limits. For example, toluene has an OR-OSHA PEL of 100 ppm, with a
ceiling concentration of 300 ppm. When the types of solvents are unknown, it is common to
refer to the exposure limits developed for petroleum distillates (naphtha, Rubber Solvent), which
have an OR-OSHA PEL of 500 ppm (2000 mg/m3). The NIOSH REL for petroleum distillates is
350 mg/m3 (87.5 ppm) , with a 15-min ceiling limit of 1800 mg/m3 (450 ppm). NIOSH also
publishes an IDLH value of 1100 ppm, based on the 10% LEL of petroleum distillates.
Hexavalent Chromium Cr6
Hexavalent chromium or Cr(VI) compounds are those which contain the element chromium in
the +6 oxidation state. They are used for stainless steel production, as anti-corrosion and as
corrosion inhibitors. Hexavalent chromium is recognized as a human carcinogen via inhalation.
Workers in metal working occupations are exposed to hexavalent chromium. Occupational
exposures occur mainly among workers who:
weld, cut or grind chromium-containing metals such as stainless steel.
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Permissible Exposure Limit (PEL or OSHA PEL)
The OSHA PEL for Hexavalent Chromium is 5 µg/m3 (0.005 mg/m3).
Health Effects
Workers who breathe hexavalent chromium compounds at their jobs for many years may be at
increased risk of developing lung cancer. Breathing high levels of hexavalent chromium can
irritate or damage the nose, throat, and lungs. Irritation or damage to the eyes and skin can occur
if hexavalent chromium contacts these organs in high concentrations or for a prolonged period of
time.
How hexavalent chromium affects the nose, throat and lungs
Breathing in high levels of hexavalent chromium can cause irritation to the nose and throat.
Symptoms may include runny nose, sneezing, coughing, itching and a burning sensation.
Repeated or prolonged exposure can cause sores to develop in the nose and result in nosebleeds.
If the damage is severe, the nasal septum (wall separating the nasal passages) develops a hole in
it (perforation).
Breathing small amounts of hexavalent chromium even for long periods does not cause
respiratory tract irritation in most people. Some employees become allergic to hexavalent
chromium so that inhaling chromate compounds can cause asthma symptoms such as wheezing
and shortness of breath.
How hexavalent chromium affects the skin
Some employees can also develop an allergic skin reaction, called allergic contact dermatitis.
This occurs from handling liquids or solids containing hexavalent chromium. Once an employee
becomes allergic, brief skin contact causes swelling and a red, itchy rash that becomes crusty and
thickened with prolonged exposure. Allergic contact dermatitis is long-lasting and more severe
with repeated skin contact. Direct skin contact with hexavalent chromium can cause a non-
allergic skin irritation. Contact with non-intact skin can also lead to chrome ulcers. These are
small crusted skin sores with a rounded border. They heal slowly and leave scars.
How employees can be exposed to hexavalent chromium
Employees can inhale airborne hexavalent chromium as a dust, fume or mist while:
producing chromate pigments and powders; chromic acid; chromium catalysts, dyes, and
coatings
working near chrome electroplating
welding and hot working stainless steel, high chrome alloys and chrome-coated metal
applying and removing chromate-containing paints and other surface coatings.
Skin exposure can occur during direct handling of hexavalent chromium-containing solutions,
coatings, and cements.
4.1.1 Chemical Hazard Controls
Exposure to gas vapors and chemicals shall be controlled by:
Monitoring air concentrations for atmosphere gas components shall be conducted in the
breathing zone with an O2 /LEL/CO/H2S meter. Hot work on Stainless Steel (Cr6) air
monitoring shall be done from the beginning of the hot work process with sufficient
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samples to determine the need for continued and additional required progressive safety
and health procedures.
Using respiratory protection as appropriate, in areas known to have concentrations
above the specified action level for each containment. All hot work on Stainless Steel
requires a minimum of a half face respirator with P-100 Hepa filters. Additional
requirement maybe implemented after initial air monitoring is complete.
Engineering controls, such as working up wind from exposure sources, the use of
portable blowers to reduce breathing zone concentrations, or wetting of soils to
minimize dust production, shall be employed prior to using respiratory protection
devices. Hot work on Stainless Steel requires a minimum of a Half Face respirator with
a P-100 Hepa Filter.
Monitoring can reduce risks by indicating when action levels have been exceeded, and personal
protective equipment must be upgraded. Action levels are located in Table 7-1 of this Plan.
4.1.2 Skin Contact and Absorption
Skin contact with contaminants may be controlled by use of the proper personnel equipment
PPE) and good housekeeping procedures. The proper PPE (e.g., Tyvek, gloves) as described in
Section 6, shall be worn for all activities where contact with potentially contaminated media or
materials are expected.
4.1.3 Steps to protect employees from health hazards caused by hexavalent chromium
The new OSHA workplace standard requires employers to:
limit eight-hour time-weighted average hexavalent chromium exposure in the workplace
to 5 micrograms or less per cubic meter of air.
perform periodic monitoring at least every 6 months if initial monitoring shows employee
exposure at or above the action level (2.5 micrograms per cubic meter of air calculated as
an 8-hour time-weighted average).
provide appropriate personal protective clothing and equipment when there is likely to be
a hazard present from skin or eye contact.
implement good personal hygiene and housekeeping practices to prevent hexavalent
chromium exposure.
prohibit employee rotation as a method to achieve compliance with the exposure limit
PEL).
provide respiratory protection as specified in the standard.
make available medical examinations to employees within 30 days of initial assignment,
annually, to those exposed in an emergency situation, to those who experience signs or
symptoms of adverse health effects associated with hexavalent chromium exposure, to
those who are or may be exposed at or above the action level for 30 or more days a year,
and at termination of employment.
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Local Exhaust
Ventilation (LEV)
or Respiratory
Protection (RP)
not necessary
LEV or RP may
be necessary
LEV or RP may
be necessary
LEV and/or RP
may be neces-
sary
LEV or RP may
be necessary
LEV and/or RP
required
LEV and/or RP
required
LEV and/or RP
required
LEV and/or RP
required
GTAW
TIG)
GMAW
MIG)
FCAW
Flux Core)
SMAW
Stick)
CAC/PAC
Carbon arc
cutting, plasma
arc cutting)
Outdoor
Open
Restricted
Confined
WORK
SPACE
PROCESS
Exposure Assessment Tool for Stainless Steel Welders
HexChEC: Hexavalent Chromium E xposure C ontrol
This exposure assessment tool is only a guideline and is not to be solely relied upon for regulatory compliance purposes
Funding and support for this project have been provided by the Washington State Department of Labor & Industries’ Safety & Health Investment Projects.
LEV and RP
required
LEV or RP
may be
necessary
Natural or
general
ventilation
is adequate
Chrome 6 exposure increases
Chrome
6 exposure
increasesSAW Sub
Arc)Local
Exhaust
Ventilation = LEV
Respiratory Protection = RP Field ReseaRch
and consultation GRoup department of environmental and
occupational health sciencesschool
4.1.4 OSHA's Globally Harmonized System of Hazardous Chemical Identification (GHS)
In accordance with OSHA’s globally harmonized system of hazardous chemical identification, a list of
products used at this site and their safety data sheets are provided in Appendix C. The following
document details the format and information provided in a standardized manner within each Safety Data
Sheet (SDS) and on chemical labels. Pictograms are also used in this system to quickly identify the
nature of a hazard in a consistent and visual format. A list of the pictograms and their associated hazards
are also provided below.
Labels
Product identifier gives a name or number that enables you to identify
the chemical and cross-reference the label to the SDS.
Supplier information tells you the name, address, and phone number
of the manufacturer, importer, or other responsible party.
First aid information can help you act quickly and effectively in an
emergency.
In case of fire, the label tells you how to extinguish it.
Signal word indicates the severity of the hazard.
Hazard statements describe the nature of the hazards.
Pictograms convey specific hazard information using symbols or
graphics.
Precautionary statements describe recommended measures to
minimize or prevent injury or illness due to exposure to the chemical or
fromimproper handling or storage.
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Globally Harmonized System
Of Hazardous Chemical Identification
Safety Data Sheets
Section 1—Identification—includes product identifier, manufacturer
or distributor name, address, phone number, emergency phone
number, recommended use, and restrictions on use
Section 2—Hazard(s) identification—includes all hazards regarding
the chemical and required label elements
Section 3—Composition/Information on ingredients—includes
information on chemical ingredients and trade secret claims
Section 4—First-aid measures—includes important immediate or
delayed symptoms of exposure to a chemical and the required first aid
treatment
Section 5—Fire-fighting measures—lists suitable extinguishing
techniques, equipment, and chemical hazards from fire
Section 6—Accidental release measures—lists emergency
procedures, protective equipment, and proper methods of containment
and cleanup
Section 7—Handling and storage—lists precautions for safe
handling and storage, including incompatibilities
Section 8—Exposure controls/Personal protection—lists OSHA's
permissible exposure limits (PELs), threshold limit values (TLVs),
appropriate engineering controls, and personal protective equipment
PPE)
Section 9—Physical and chemical properties—lists the chemical’s
characteristics
Section 10—Stability and reactivity—lists chemical stability and
possible hazardous reactions
Section 11—Toxicological information—includes routes of
exposure (inhalation, ingestion, or absorption contact), symptoms,
acute and chronic effects, and numerical measures of toxicity
Section 12—Ecological information—how the chemical might affect
the environment and the duration of the effect
Section 13—Disposal considerations—describes safe handling of
wastes and methods of disposal, including the disposal of any
contaminated packaging
Section 14—Transportation information—includes packing,
marking, and labeling requirements for hazardous chemical shipments
Section 15—Regulatory information—indicates regulations that
apply to chemical
Section 16—Other information—includes date of preparation or last
revision
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utilities, slip/trip/hit/fall injuries, heat or cold stress, and other potential adverse weather
conditions. In addition, personnel must be aware that the protective equipment worn may limit
dexterity, visibility and may increase the difficulty of performing some tasks.
4.2.1 Heavy Equipment
Heavy equipment that will potentially be utilized at the site includes cranes, backhoes, and
trucks. (Ref. TBI policies HS820 & HS822)
The following practices shall be followed when using heavy equipment:
Equipment shall be inspected daily by the operator to ensure there are no operational
problems. Complete operator’s daily report.
When not in use, hydraulic and pneumatic components shall be left in down or "dead"
position. The “dead” position can include mechanically blocked / supported load. (zero
pressure in hydraulic/pneumatic system)
Roll-over protection shall be provided on all sites.
No riding on vehicles or equipment except in fixed seats. Seat belts shall be worn.
Foot traffic shall be restricted while heavy equipment is in operation. Workers
remaining around any heavy equipment shall be kept to a minimum.
Operators are responsible for knowing the location and communicating with ground
personnel working in the area of the equipment.
Ground personnel are responsible for being visible to and communicating with
equipment operators working in the area.
4.2.2 Utility Clearances
Elevated superstructures (e.g., drill rigs, cranes) shall remain a distance of 10 feet away
from utility lines and 20 feet away from power lines.
Prior to all intrusive activities (e.g., excavating), locator line services will be contacted
to mark underground lines.
Personnel involved in intrusive work shall determine the minimum distance from
marked utilities which work can be conducted with the assistance of the Local Agency.
Ref. TBI policy HS308
4.2 Physical Hazards
Physical hazards that may be present during these site activities include potential for close
proximity to heavy equipment; excavator, backhoe, dozer and haul truck activities, noise,
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4.2.3 Heavy Lifting
When lifting objects, use the following proper lifting techniques:
Keep your feet shoulder width apart to get the best footing possible.
Bend at the knees, not at the waist.
Tighten stomach muscles to offset the force of the load.
Grasp the object at opposite corners.
Lift with the legs instead of the back muscles.
Keep the back upright and avoid twisting.
Most importantly, think before lifting.
Maximum weight is 70 lbs. Two persons shall handle all awkward or large items
regardless of the weight.
4.2.4 Electrical Hazards
No employee shall be permitted to work on any part of an electrical power circuit unless the
person is protected against electric shock by de-energizing the circuit and grounding it, or has
been locked and tagged out:
All electrical wiring and equipment shall be intrinsically safe for use in potentially
explosive environments and atmospheres.
All electrical wiring and equipment shall be a type listed by Underwriters’ Laboratories
UL) or Factory Mutual (FM) for the specific application.
All installations shall comply with the National Electric Code (NEC) and the National
Electric Safety Code (NESC).
All electrical circuits shall be grounded according to NEC and NESC Code. Ground
fault circuit interrupters shall be used in the absence of properly grounded circuitry or
when portable tools must be used around wet areas.
All live wiring or equipment shall be guarded to protect all persons or objects from
harm.
No work will be permitted during any type of electrical storm.
Ref. TBI policy HS315
4.2.5 Adverse Weather Conditions
The SS shall decide on the continuation or discontinuation of work based on current and pending
weather conditions. Electrical storms and strong winds are examples of conditions that would
call for the discontinuation of work and evacuation of site.
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4.2.6 Slip/Trip/Hit/Fall
Slip/trip/hit/fall (S/T/H/F) injuries are the most frequent of all injuries to workers. They occur
for a wide variety of reasons, but can be minimized by the following prudent practices:
Spot check the work area to identify hazards.
Establish and utilize a pathway which is most free of slip and trip hazards.
Beware of trip hazards such as wet floors, slippery floors, slopped and uneven surfaces
or terrain.
Carry only loads which you can see over.
Keep work areas clean and free of clutter, especially in storage rooms and walkways.
Communicate hazards to on-site personnel.
Secure all loose clothing, ties, and remove jewelry while around machinery.
Report and/or remove hazards.
Keeps a safe buffer zone between workers using equipment and tools.
4.2.7 Heat Stress
Training for this section must be completed at the beginning of this project or by
the first of May 1st each year when the project started before May 1st
Outdoor Temperature Action Levels
Requirements of this section apply from May 1 through September 30 and any other time the
outdoor temperature reaches the action levels in Table 5-3
Recognition and Symptoms
Heat-related illness cause physical discomfort, loss of efficiency and attention to safety and
personal injury. Age, weight, degree of physical fitness, degree of acclimatization, metabolism,
use of alcohol or drugs and a variety of medical conditions such as hypertension all affect a
person’s sensitivity to heat. The older workers are at higher risk because of impaired cardiac
output and decreased ability to sweat. Even the type of clothing worn must be considered. Prior
heat injury predisposes an individual to additional injury.
Ref. TBI policy HS400) See Table 5-1 Heat Index Guide
The fluid loss and dehydration resulting from physical activity puts outdoor laborers at particular
risk. Certain medications predispose individuals to heat stress, such as drugs that alter sweat
production (antihistamines, anti-psychotics, antidepressants) or interfere with the body’s ability
to regulate temperature. Persons with heart or circulatory diseases or those who are on “low
salt” diets should consult with their physicians prior to working in hot environments.
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It is difficult to predict just who will be affected and when, because individual susceptibility
varies. In addition, environmental factors include more than the ambient air temperature.
Radiant heat, air movement, conduction, and relative humidity all affect an individual’s response
to heat.
Heat Rash
Heat rash can be caused by continuous exposure to hot and humid air and skin abrasion
from sweat soaked clothing.
Signs and Symptoms: The condition is characterized by a localized red skin rash and
reduced sweating. Aside from being a nuisance, the ability to tolerate heat is reduced.
Treatment: Keep skin hygienically clean and allow it to dry thoroughly after using chemical
protective clothing.
Heat Cramps
Heat cramps are caused by profuse perspiration with inadequate electrolytic fluid
replacement. This often robs the larger muscle groups (stomach and quadriceps) of blood
which can cause painful muscle spasms and pain.
Signs and Symptoms: Muscle spasms and pain in the extremities and abdomen.
Treatment: Remove employee to a cool place and give sips of water or an electrolytic
drink. Watch for signs of heat exhaustion or stroke.
Heat Exhaustion
Heat exhaustion is a mild form of shock caused by increased stress on various organs to
meet increased demand to cool the body. Onset is gradual and symptoms should subside
within one hour.
Signs and Symptoms: Weak pulse; shallow breathing; pale, cool, moist skin; profuse
sweating; dizziness; fatigue.
Treatment: Remove employee to a cool place and remove as much clothing as possible.
Give sips of water or electrolytic solution and fan the person continually to remove heat by
convection. CAUTION: Do not allow the affected person to become chilled treat for
shock if necessary.
Heat Stroke
Heat stroke is the most severe form of heat stress; the body must be cooled immediately to
prevent severe injury and/or death. THIS IS A MEDICAL EMERGENCY!
Signs and Symptoms: Red, hot, dry skin (skin may be wet from previous perspiration
particularly when evaporation-preventing clothing is worn); body temperature of 105
degrees Fahrenheit (0F) or higher; no perspiration; nausea; dizziness and confusion;
strong, rapid pulse.
Treatment: Heat stroke is a true medical emergency. Transportation of the victim to a
medical facility must not be delayed. Prior to transport, remove as much clothing as
possible and wrap the victim in a sheet soaked with water. Fan vigorously while
transporting to help reduce body temperature. Apply cold packs, if available; place under
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the arms, around the neck, or any other place where they can cool large surface blood
vessels. If transportation to a medical facility is delayed, reduce body temperature by
immersing victim in a cool water bath (however, be careful not to over-chill the victim
once body temperature is reduced below 102 0F). If this is not possible, keep victim
wrapped in a sheet and continuously douse with water and fan.
Prevention
The implementation of preventative measures is the most effective way to limit the effects of
heat-related illnesses. During periods of high heat, adequate liquids must be provided to
replace lost body fluids. When the temperature is above 80oF, supervisors shall:
Insure a minimum of one quart of drinking water is available for each employee per hour
and encourage workers to drink the quart of water over the hour. It is recommended to
drink a minimum of eight ounces every fifteen minutes. Replacement fluids can be a
commercial mix such as Gatorade, Sqwincher, etc. or a combination of these with fresh
water. The replacement fluid temperature should be kept cool, 500F to 600F, and should
be placed close to the work area. Employees must be encouraged to drink more than the
amount required to satisfy thirst. Employees should also be encouraged to salt their foods
during hot times of the year. Unless medically required to limit salt intake.
Provide shaded areas to work or allow workers to seek shade to cool and consume their
water. Cooling devices such as vortex tubes or cooling vests, head and or neck bands can be
worn beneath impermeable clothing. Use Appendix B Tables 5-2 to assist in setting up
rest breaks and work assignment schedules.
The supervisor must monitor new or newly assigned employees every thirty minutes
during the acclimatization period. All workers are to rest when any symptoms of heat
stress are noticed. Rest breaks are to be taken in a cool, shaded rest area. Employees shall
remove chemical protective, welding and other work related garments during rest periods
and must not be assigned other tasks.
All employees shall be informed of the importance of adequate rest and proper diet in the
prevention of heat stress and the adverse effects of excessive alcohol and caffeine
consumption. Supervisors need to know about prescription drugs and any adverse effects
the employee could suffer from direct sun light and/or hot work environment.
Monitoring
The initiation of heat stress monitoring will be required when employees are working in
environments exceeding 800F ambient air temperature. If employees are wearing
impermeable clothing, this monitoring will begin at 780F. There are two general types of
monitoring that the health and safety representative can designate to be used: wet bulb globe
temperature (WBGT) and physiological. Supervisors shall be tasked with monitoring
workers for physiological symptoms. Safety and Health will monitor program compliance.
Appendix A “Heat Stress Monitoring Record” will be used to record the results.
Monitor Atmospheric Conditions
The temperature and humidity can be obtained from the local weather service office or
maintain an instrument capable of providing real time temperature and humidity readings.
Log the readings on the form provided in attachment 3.
Page 72 of 704
Wet Bulb Globe Temperature
The WBGT index is only mentioned as an alternative method for measurement of
environmental factors, which most nearly correlate with core body temperature and other
physiological responses to heat. When WBGT method is used, follow the procedures in
the latest edition of the American Conference of Governmental Industrial Hygiene
ACGIH) Threshold Limit Value (TLV) Booklet section Heat Stress and Heat Strain.
Physiological
For this procedure, Physiological Monitoring is used. Once training is complete, the
employees can accomplish self-monitoring along with supervisor oversight. Since
individuals vary in their susceptibility to heat, this type of monitoring has its advantages.
Monitoring the two parameters at the beginning of each rest period are:
Heart Rate - Each individual will count his/her radial (wrist) pulse as early as possible
during each rest period. If the heart rate of any individual exceeds 75 percent of their
calculated maximum heart rate (MHR = 180 - age) at the beginning of the rest period,
then the work cycle must be decreased by one-third. The rest period will remain the
same. An individual must not return to work until his/her sustained heart rate is below
75 percent of their calculated maximum heart rate.
Temperature - Each individual will measure his/her oral temperature with a disposable
thermometer for one minute as early as possible in the first rest period. If the
temperature exceeds 99.60F at the beginning of the rest period, then the work cycle
must decrease by one-third. The rest period will remain the same.
An individual must not return to work if his/her temperature exceeds 100.40F
See Table 5-1 Heat Index Guide
If you think someone has heat related injury. Move the person to the shade, wipe
his/her skin with cool water, and loosen his/her clothes. Use a piece of cardboard or
other material to fan them. Call for medical aid.
4.2.8 Cold Stress
Recognition and Symptoms
Cold temperatures can also pose health hazards to site workers. Exposure to cold is classified
into two categories: local or general. Local injuries include frostnip, frostbite, chilblain and
trench foot. General injuries include hypothermia and blood vessel abnormalities (genetically or
chemically induced). Major factors contributing to cold injury are exposure to humidity and
high winds, contact with wetness or metal, inadequate clothing, age and general health.
Allergies, vascular disease, excessive smoking or drinking, and certain drugs and medicines are
physical conditions that can compound the effects of exposure to a cold environment. A cold
stress guidelines table is included at the end of this section for quick reference. (Ref. TBI policy
HS401)
SIGNS AND SYMPTOMS
Hypothermia. Hypothermia is a condition of reduced body temperature. Most cases develop in
air temperatures between 30-500 F, not taking wind-chill factor into consideration. Symptoms of
Page 73 of 704
hypothermia include personality changes, reduced mental alertness, irrationality, and
uncontrollable shivering. The heartbeat slows and sometimes becomes irregular, weakening the
pulse and changing blood pressure. Changes in the body chemistry cause severe shaking or rigid
muscles, vague or slow speech, memory lapses, incoherence, and drowsiness. Cool skin, slow
irregular breathing, low blood pressure, apparent exhaustion, and fatigue after rest may precede
complete collapse.
As the core body temperature drops, the victim can become listless, confused, and make little or
no effort to keep warm. Pain in the extremities can be the first warning of dangerous exposures
to cold. At a core body temperature of about 850 F, serious problems develop due to significant
drops in blood pressure, pulse rate and respiration.
Sedative drugs and alcohol increase the risk of hypothermia. Sedative drugs interfere with the
transmission of impulses to the brain. Alcohol dilates blood vessels near the skin’s surface,
increasing heat loss and lowering body temperature.
First aid treatment includes removal of the victim to a warm and dry location, removal of cold
and damp clothing, wrapping the victim in warm blankets or clothing, and rewarming the victim
from the core, not from the extremities. Severe hypothermia must be treated by a medical
professional
Symptoms of frostbite include numbness and whitening of the skin. First aid treatment includes
warming with blankets, warm compresses, or lukewarm water. Severe frostbite must be treated
by a medical professional.
Raynaud’s Phenomenon. Raynaud’s Phenomenon is the abnormal constriction of the blood
vessels of the finger on exposure to cold temperatures, resulting in blanching of the fingertips.
Numbness, itching, tingling, or a burning sensation may occur during related attacks. The
disease is also associated with the use of vibrating hand tools in a condition sometimes called
White Finger Disease. Persistent cold sensitivity, ulceration, and amputations can occur in
severe cases.
Frostnip occurs when the face or extremities are exposed to a cold wind, causing the skin to turn
white.
Frostbite is the freezing of the body tissues due to exposure to extremely low temperatures,
resulting in damage to and loss of tissue. Frostbite occurs because of inadequate circulation or
insulation, resulting in freezing of fluids around the cells of the body tissues. Most vulnerable
parts of the body are the nose, cheeks, ears, fingers, and toes.
Frostbite can affect outer layers of skin or can include the tissues beneath. Damage can be
serious, with permanent loss of movement in the affected parts, scarring, necrotic tissue, and
amputation resulting. Skin and nails that slough off may grow back.
The freezing point of the skin is about 300 F. As wind velocity increases, heat loss is greater and
frostbite will set in more rapidly.
There are three degrees of frostbite. First degree is freezing without blistering and peeling;
second degree is freezing with blistering and peeling; and third degree is freezing with death of
skin tissues and possibly the deeper tissues.
Page 74 of 704
The following are symptoms of frostbite:
Skin changes color to white or grayish-yellow, progresses to reddish-violet, and finally
turn black as the tissue dies.
Pain may be felt at first, but subsides.
Blisters may appear.
Affected part is cold and numb.
The first symptom of frostbite is usually an uncomfortable sensation of coldness, followed by
numbness. Tingling, stinging, cramping and aching feelings will follow. Frostbite of the outer
layer of the skin has a waxy or whitish look and is firm to the touch. Cases of deep frostbite
cause severe injury. The victim is often unaware of the frostbite until someone else observes
these symptoms. It is therefore important to use the “buddy system” when working in cold
environments, so that symptoms of overexposure can be monitored.
Cold stress guidelines are provided in Tables 5-4 & 5.
4.3 Natural and Biological Hazards
Vegetation is scarce on the Site, so animals will probably also be scarce. Natural hazards include
slip/trip/fall hazards due to uneven terrain, insects and spiders. Other natural hazards include
slip/trip/fall hazards due to uneven terrain. Employees who are known to be allergic to insect or
spider bites should make this fact known to the SS, and should seek medical attention
immediately if bitten. Workers with a known allergic reaction to insect bites must inform the SS
and maintain their own allergy kit.
Workers will minimize any contact with refinery products and wear appropriate personal
protective equipment. The minimum level of personal protection for working on this site is fire
retardant coveralls, safety boots, glasses and hard hat.
4.3.1 Blood Poisoning
Blood poisoning is a term used to indicate a large number of bacteria present in the circulating
blood. The most common symptom of blood poisoning is the reddening of skin which advances
towards the heart. For example, if the point of contact is the hand than a red line will appear at
the hand and extended up the arm.
Personnel protective equipment shall be worn to prevent direct contact with media which may be
contaminated with bacteria or viral agents.
Signs and symptoms include swelling, stiffness and tenderness in the affected area, fatigue, chills
and fever, pustules, and abscesses. If allowed to progress, the organisms may multiply and cause
an overwhelming infection and death.
Page 75 of 704
4.4 Job Hazard Analysis
Activity Hazard Analysis (AHA)
Activity/Work Task: Overall Risk Assessment Code (RAC) (Use highest code) M
Project Location:Risk Assessment Code (RAC) Matrix
Contract Number:Severity Probability
Date Prepared:
Frequent Likely Occasional Seldom Unlikely
Prepared by:
Catastrophic E E H H M
Critical E H H M L
Reviewed by: Justin
Rawls, VP
Marginal H M M L L
Negligible M L L L L
Notes: (Field Notes, Review
Comments, etc.)
Step 1: Review each “Hazard” with identified safety “Controls” and determine RAC (See above)
Probability” is the likelihood to cause an incident, near miss, or accident and
identified as: Frequent, Likely, Occasional, Seldom or Unlikely. RAC Chart
Severity” is the outcome/degree if an incident, near miss, or accident did occur
and identified as: Catastrophic, Critical, Marginal, or Negligible
E = Extremely High
Risk
H = High Risk
Step 2: Identify the RAC (Probability/Severity) as E, H, M, or L for each
Hazard” on AHA. Annotate the overall highest RAC at the top of AHA.
M = Moderate Risk
L = Low Risk
HAZARDOUS MATERIAL FIRST AID
Material: Health Hazard: First Aid: RAC
Welding Electrode Long term (chronic) over exposure to
fumes can lead to iron deposits in lungs;
exposure may cause calcification of the
bone. May cause skin rash. L
Gasoline Causes slight eye irritation, can cause
redness, edema or drying of the skin.
May cause dizziness or vomiting
Eyes - flush with cold water for 15 min.
After 15 min rinse Wash skin areas
with soap L
Diesel Fuel
Hydraulic Oil
Motor Oils
Propane
Minimally irritating to eyes, irritating to
skin, burns and blisters possible.
Inhalation of fumes can cause
drowsiness.
Remove to fresh air. Flush eyes with
cold water. After 15 min rinse Wash
exposed skin with soap and water. L
Antifreeze Causes slight eye irritation. May be
slightly irritating upon prolonged
contact.
Flush eyes with cold water. After 15
min rinse Wash exposed areas with
soap and water.
L
Acetylene Non-Toxic, can cause un-consciousness
and death if present in quantities to
reduce oxygen in air below 19%
Remove to fresh air; give artificial
respiration if breathing has stopped.
Obtain medical attention.
L
Oxygen Non-toxic, liquid can cause burns
accelerates combustion
Treat as frostbite. Do not use to blow
off clothing or to cool off. L
Move worker of fresh air. Welding on
Stainless steel (Hexavalent Chromium)
and/or metal with high Manganese must
be Respirator trained and fit tested;
proper ventilation shall be used in PR
confined spaces.
Page 76 of 704
HAZARDOUS MATERIAL STORAGE
Material: Method of Storage:
Diesel Fuel Store in OSHA approved and labeled containers with appropriate spill
protection. Store away from potential physical damage.
Gasoline, Propane Store in OSHA approved and labeled containers with appropriate spill
protection. Store away from sources of ignition and protected from
physical damage.
Hydraulic Oil, Motor Oils
Antifreeze / coolant
Acetylene
Store in original containers in a cool, dry area protected from physical
damage. Containers will be appropriately labeled.
Abrasive Wheels
Welding rod and Flux
Store in dry area protected from physical damage.
Safety Equipment Required Tools and Equipment Required Hazardous Materials
Safety Glasses
Hard Hats
Hearing Protection
Foot Protection
Hand Protection
Respiratory Protection
Full Body Harness/Lanyard
Railings
GFCI
Fire Extinguishers
Backup Alarms
Tool Guards
Hand Tools – Electric
Hand Tools - Manual
Air Operated Tools
Respirators
Welding/Cutting Equipment
Generator w/ distribution stand
Compressor
Crane
Trucks
Gasoline/Diesel
Motor Oils
Hydraulic Oil
Antifreeze
Oxygen
Acetylene
Propane
Welding Electrodes
See On Site SDS for all
Hazardous Materials on Site)
Page 77 of 704
Activity Hazard Analysis
Activity Potential Hazards Precautionary Action & Control to be Taken RAC
1. Any operations in
the operations area.
1A. General jobsite
hazards
1A1.Work permits may be required by the client.
1A2.All employees will be given orientation
including specific task safety guidelines.
1A3.All employees and visitors must wear hard hats,
eye protection, hearing protection (where required),
high visibility vests, and leather safety toe footwear.
1A4. Operations areas must be cordoned off with
caution tape, to reduce the opportunity of
unauthorized persons walking into a hazardous work
zone.
1A5. Employees performing, or in the vicinity of,
welding or operations of portable electrical
equipment may work within the operations area
without a high visibility vest. The vest is mandatory
PPE outside the operations area.
L
L
L
L
M
2.Hoisting
Operations
Mobile Crane
2A. Operator
Certification
2B. Inspections
2C. Rigging & Signaling
personnel
2D. Upsetting Crane
2E. Breaking of boom or
cable
2F. Collisions with
moving crane
2G. Contact with
overhead power
2H Critical Lifts
2A. Required NCCCO Certified - High visibility
vest
2B. Operator complete daily crane inspection
2C. Requires union or state certification - High
visibility vest
2D. All lifting will be kept within the allowable
limits of the crane. (Manufacture’s specifications)
2E. Daily inspections of both the cables and the
booms will be made to check for excessive wear or
minor breaks and frays. Repairs will be made as
necessary.
2F. Crane will travel at slow speeds while in motion.
Maintenance checks will be made daily to assure
that the horn and other safety equipment are
operational.
2G. Locate overhead utilities prior to crane use,
relocate or shut down power or keep proper distance
of 20’ away from lines. Proper training of operator
and rigger is required.
2H. Critical lifts are over 85% of crane capacity or
15,000 pounds the lift must have a written plan and
personnel review prior to commencing the lift. See
Section 15 of this plan
L
L
L
L
L
L
L
L
Page 78 of 704
Activity Potential Hazards Precautionary Action & Control to be Taken RAC
2.Hoisting
Operations
Mobile Crane
2I.Winds loads
2J. Lightning
2I. Winds at 20 miles per hour and above all tank
ring steel crane operations shall stop. 30 mph all
crane ops stop
2J. Forecast lightning within a 10 mile radius all
crane operations Supervisors shall maintain a visual
watch on the weather. Lightning within 3 mile radius
all tank work shall stop.
M
L
3 Rigging 3. Rigging equipment 3. Visually inspect all rigging equipment and slings
used for lifting, daily and before each use by
certified rigger. Any damaged or broken equipment
or slings must be removed from service.
Riggers/Signalman shall be Certified and follow the
crane operator’s direction and maintain direct
contact at all times.
L
4 Hand tools 4A. Portable electrical
equipment
4B. Manual tools and
equipment.
4A1. All portable electrical tools must have three
wire plugs or be double insolated. Electrical
equipment will be inspected prior to arrival on the
project and prior to use thereafter. The inspection
will include, as a minimum, inspection of the leads
for tight connection, lines for damage to insulation,
connections ground pin on three wire system. When
in use they shall be connected to a GFCI through
Assured Grounding cords. All non-usable tools shall
be tagged and turned in for replacement.
4A2. Remove high visibility vests when operating
power hand tools that can catch loose clothing
grinders, drills, etc.).
4B. Tools and equipment will be inspected prior to
arrival on the project and prior to use thereafter.
The inspection will include, as a minimum. Inspect
of bent, misshapen, mushroom edges, cracks, and
loose connections. All non-usable tools or
equipment shall be tagged and turned in for
replacement.
L
L
L
Page 79 of 704
Activity Potential Hazards Precautionary Action & Control to be Taken RAC
5 Temperature Extremes
Hot Weather
5. Heat Stress 5. Increase water intake, step-up rest breaks.
Follow OSHA Heat Index Guide. See Section
4.2.7 of this HASP
L
6 General Construction 6A. Personal cuts &
injuries
6B. Fire
6C. Falls
6D.Puncture Wounds
6E.Head Injuries
6A. Maintain a clean and orderly work area at all
times. Ensure that saw guards and other safety
shields and protection are in place on all small
power tools.
6B. Provide easy access to 10 lb. extinguishers.
6C. Provide guardrails on all scaffolding over 4
feet. 100% Tie off when climbing on ladders
above guardrail height
6D. Provide padding or guards on rebar ends.
Maintain first aid kits in close proximity to the
work area.
6E. Wear hard-hats.
L
L
L
L
L
7 Welding, Structural
Welding, Gas flame
cutting, Portable
Grinders w/grinding
wheel, wire wheel and
sanding disks for work
on any fabricating
material that can cause
sparks, chips, dust
and/or flying debris.
Tanks, Casing, Wind
Towers and
appurtenance.
Note:
These phases have
similar activities and
hazards, so are
considered together
7. Fire or Explosion 7. All Hot Work requires a permit.
7A. Prior to any welding or cutting, an area within
a 100' radius of the site of the work will be
surveyed for potential sources of explosive or
flammable material. Any such material will be
removed or screened, including removal of high
visibility vests working in the immediate vicinity
of welding activity.
7A1. Fire watch is required for all hot work and
continue 30 minutes after hot work is complete.
Firewatchers must review the work area whenever
welding or cutting is performed in locations where
Class A combustibles are part of the general
construction and cannot be removed from the
work area. All other combustibles and flammable
materials must be removed from the area.
L
M
M
Cold Weather Cold Stress Warm fluids & rest breaks. Insulated clothing as
required.
Weather information may be obtained from
By calling local weather stations.
Page 80 of 704
Activity Potential Hazards Precautionary Action & Control to be Taken RAC
7 Welding, Structural
Welding, Tanks
Continued)
Note:
These phases have
similar activities and
hazards, so are
considered together.
Painted or unpainted
uneven or sloped
walking and working
surface
7. Fire or Explosion
Continued)
7B. Flash or eye &
skin injuries
7C. Employee falls
7D. Wet surface
7A2. All personnel will be trained in fire
extinguisher use, and will be instructed as to the
means and methods of reporting an emergency
most efficiently for each work area.
7A3. Gas cutting equipment will be inspected
prior to being brought to the project and prior to
use thereafter. The inspection will include, as a
minimum, inspection of hoses and fittings for
leaks, wear spots, or burn spots, regulators for
proper diaphragm operation, cutting heads and
valves for proper sealing, and to ensure that back
flow valves are in place at the cutting head and
diaphragm end of each valve.
7A4. Portable welding and electrical equipment
will be inspected prior to arrival on the project and
prior to use thereafter. The inspection will include,
as a minimum, inspection of welding leads for
tight connection, inspection of lines for damage to
insulation, inspection of connections of the
electrical equipment for tightness, inspection of
ground clamps and electrode holders for spring
tension and insulation.
7B. Welders, welder's helpers, and other personnel
in the area of work activity will be required to
wear eye protection at all times. Welders and
helpers are required to wear a welding hood for
welding or faceshield, when grinding, long cuff
welding gloves and clothing that covers arms and
body adequately to protect against burns from the
welding arc, splatter, slag chips, grinding, sanding
sparks, wire wheel debris and dust. Welding
screens when practical, must be used to separate
welding and non-welding work areas.
7C. Scaffolding and railings as well as harnesses
and lifelines will be provided to prevent falling
while working above the ground surface. All
employees working above scaffolding railing
shall attach fall protection above shoulder level.
Safety equipment must comply with Safety
Standards and company policies.
7D. Use of anti-skid paint surface, cleated surface
chicken ladder), slip resistant shoe soles and
handrails, rope grab, ladder. Use any combination
of fall protection.
L
L
L
L
M
L
Page 81 of 704
Activity Potential Hazards Precautionary Action & Control to be Taken RAC
7 Welding, Structural
Welding, Tanks
Continued)
Note:
These Phases Have Similar
Activities And Hazards, So
Are Considered Together.
7E. Exposure to X-rays
7F. Shock & Burns
7G. Breathing Zone
Air Hazards
7E. Only certified laboratory technicians
experienced in this endeavor will accomplish non-
Destructive testing of welds. Hazard signage must
be posted. Unauthorized Personnel shall not be in
the area when testing is in progress.
7F. Utilize insulated gloves and grounded systems
to avoid shorts and shock. When electrical power
tools in wet or potentially wet locations GFCI’s
shall be used even with double insulated electrical
tools.
7G. Use engineering procedures to minimize
the breathing air hazards. Work in a well-
ventilated space or use fans or other equipment
designed to remove fumes and other breathing air
hazards from the point of operation caused by the
work task. If ventilation is inadequate personnel
must use respiratory protection designed to protect
from the breathing air hazard.
L
L
L
8 Arc Gouging
Note:
This phase has similar
activities to welding so
they are considered to be
together.
8. Fire & Explosion
8A.Potential Hearing Loss,
8B. Dust & Fume
exposure
8C. Electrical Shock
8D. Employee Falls
8E. Burns (Eyes & Skin)
8.Hot Work Permit May Be Required.
Prior to any arc gouging in a 100' radius of the site
of the work will be surveyed for potential sources
of explosive or flammable material. A fire watch
shall be required whenever arc gouging is
performed in areas where Class A combustibles
are part of the general construction and cannot be
removed from the work area. All other
combustibles and flammable materials must be
removed from the area.
8A.All personnel working within a 50’ radius of
the arc gouging process being performed shall
wear hearing protection.
8B. The use of local exhaust or a blower fan
should be used to minimize the breathing air
hazard. If ventilation is inadequate personnel must
use respiratory protection designed to protect from
the breathing air hazard while arc gouging.
8C. Employees that arc gouge shall wear dry
protective clothing.
8D. Scaffolding and railings as well as harnesses
and lanyards will be provided to prevent falling
while working above the ground surface.
8E. Employees shall wear correct personal
protective equipment (gloves, safety glasses,
welding hood, no frayed clothing, proper foot
wear, etc.)
L
L
L
L
L
L
7H. Hexavalent
Chromium Exposure
7H. When performing hot work on stainless steel,
guidelines must be followed in accordance with
section 4.1.3.
Page 82 of 704
Activity Potential Hazards Precautionary Action & control to be Taken RAC
8
Arc Gouging
Continued)
Note:
This phase has similar
activities to welding so
they are considered to
be together
8F. Falling debris 8F. Signs shall be posted indicating
MEN WORKING ABOVE
To warn of danger of
Falling debris.
M
9
Scaffolding
Note:
See Scaffold procedure
section 8 of this
manual.
9. Employee falls.
9A. Injury from falling
objects.
9. All scaffolding four foot above a lower
permanent level shall have standard railing with a
mid-rail.
9A. Employees who will erect and dismantle
staging when above the four-foot level shall wear
harnesses and lifelines.
9A1. Signs shall be posted in conspicuous areas
indicating:
MEN WORKING ABOVE
In addition a Competent person shall watch from
a safe distance to insure that no person
inadvertently walks under a scaffold erection or
dismantling operation.
9A2. Barricades should be used as a warning for
employees and personnel entering the construction
area that overhead work is in progress.
M
M
M
M
L
10 Excavation & Hauling
This AHA is provided
for two reasons. When
T Bailey is engaged in
this task by contract or
it is used as a reminder
for company employees
when working in an
area when work done
by others and the
activity is in progress.
10. Open excavations
and back slopes
10A. Improper
equipment and safety
devices
10B. Loading of
vehicles
10C. Haul roads
10. Provide open excavations with proper warning
signs and devices
10A. Maintain backup alarms, operating lights,
and provide fire extinguishers for equipment.
Provide ground guide when needed.
10B. When vehicles are being loaded, personnel
should stay clear of operations.
10C. Post warning signs to alert vehicular traffic
to on-going construction.
L
L
L
L
Page 83 of 704
Activity Potential Hazards Precautionary Action & control to be Taken RAC
11 Hauling, Hoisting and
Form Erection
This AHA is provided
for two reasons. When
T Bailey is engaged in
this task by contract or
it is used as a
reminder for company
employees when
working in an area
when work done by
others and the activity
is in progress.
11. Faulty form work
11A. Littered work
areas
11B. Unstable
structural excavation
back-slopes
11C. Unstable wall-
forms
11D. Unstable man-
ways and poor footing
11E. Faulty power
saws and accessories
11F. Unguarded
electrical conductors
11G. Faulty bracing
11H. Falling materials
11. Insure form work can withstand the loads
which will be imposed
11A. Maintain cleanliness of work areas.
11B. Check back-slopes to assure stability,
Review with the competent person
11C. Guy and brace all forms to avoid
overturning
11D. Provide best possible walkways and grades.
Void of trip hazards and has edge fall protection
11E. Maintain guards on saws. Warn personnel
of hazards due to improper use of power tools.
11F. Inspect and maintain power cords. Replace
damaged electrical cords.
11G. Provide and maintain properly erected
braces
11H. Employ proper and adequate warning signs
to alert all personnel of such possible danger.
Clear the area immediately below an on-going
hoisting operation. Maintain clear viewing
access between operator and signal during all
hoisting.
L
L
L
L
L
L
L
L
L
12 Trenching, Pipe-laying
and backfilling
This AHA is provided
for two reasons. When
T Bailey is engaged in
this task by contract or
it is used as a
reminder for company
employees when
working in an area
when work done by
others and the activity
is in progress.
12. Unsafe back slopes
at trenches
12A. Poor access to
open excavation
12B. Excavating and
backfilling equipment
not in safe operating
condition
12C. Loose rock
fragments or
consolidated earth
pieces adjacent to
occupied trenches
12D. Poor Visibility
12E. Open excavations
adjacent to stored
materials or
construction features
12. Excavate to safe angles of repose to avoid
cave-ins
12A. Provide ladders for all occupied open
excavations
12B. Maintain all equipment in safe operating
condition
12C. Remove loose fragments adjacent to
excavation before occupancy.
12D. Work only in conditions of adequate
lighting
12E. Avoid open excavations adjacent to existing
facilities or provide safe shoring. Insure
excavations are well marked or barricaded when
left open to preclude personnel injury.
L
L
L
L
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5 ACCIDENT PREVENTION
A vital element of the Site and Health and Safety program is the implementation of an accident
prevention program. An accident prevention program, as applicable to this site, includes the
following measures:
Communicate the contents of this HASP to all personnel who work on the site.
Educate personnel as to the requirements of the HASP.
Eliminate unsafe conditions. Efforts must be initiated to identify conditions that can
contribute to an accident and to remove exposure to these conditions.
Reduce unsafe acts. Personnel shall make a conscious efforts to work safely. A high
degree of safety awareness must be maintained so that safety factors involved in a task
become an integral part of the task.
Inspect frequently. Regular safety inspections of the work site, materials, and
equipment by qualified persons ensures early detection of unsafe conditions. Safety and
health deficiencies shall be correct as soon as possible, or site activities shall be
suspended.
The discovery of any condition that would suggest the existence of a situation more
hazardous than anticipated shall result in the evacuation of site personnel and
re-evaluation of the hazard and the level of protection.
5.1 Safe Work Practices
Field operations for this project shall be conducted in accordance with the minimum safety
practices described below required for all employees:
Eating, drinking, chewing gum or tobacco, smoking, or any practice that increases the
probability of hand-to-mouth transfer and ingestion of materials is prohibited in any
area where the possibility of contamination exists.
Hands must be thoroughly washed when leaving the work area or suspected
contaminated area before eating, drinking, or any other activities.
Avoid activities which may cause dust. Removal of materials from protective clothing
or equipment by blowing, shaking, or any means which may disperse materials into the
air is prohibited.
Personnel must use the “buddy system” when wearing any respiratory protective
devices for other than localized work. Communications between members must be
maintained at all times. Emergency communications shall be prearranged in case
unexpected situations arise. Visual contact must be maintained between pairs on site,
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and team members should stay close enough to assist each other in the event of an
emergency.
Personnel should be cautioned to inform each other of subjective symptoms of chemical
exposure such as headache, dizziness, nausea, and irritation of the respiratory tract.
The selection, use, and maintenance of respiratory protective shall meet the
requirements of established TBI procedures HS601, recognized consensus standards
AIHA, ANSI, NIOSH), and shall comply with the requirements set forth in 29 CFR
1910.134. Washington WAC 296-841 through 842
Personnel are to be thoroughly briefed on the anticipated hazards, equipment
requirements, safety practices, emergency procedures, and communications methods,
both initially and in daily briefings.
Company vehicles shall contain a type 10 pack first aid kit and multipurpose ABC
portable fire extinguisher.
Subsurface work shall not be performed at any location until the area has been cleared
by a utility locator firm to be free of underground utilities or other obstructions.
Personnel are specifically prohibited from entering into excavations, trenches, or other confined
spaces deeper than 4 feet unless proper shoring, sloping or benching techniques are applied, and
air monitoring performed to access the potential for a hazardous atmosphere. Unattended
excavations/holes must be properly covered or protected.
5.2 Safety Meetings
The project supervisor or his/her designee conducts a safety meeting at the beginning of
each week or whenever work processes are changed and new employees arrive at the
work site. The topics discussed at the safety meeting should cover the work assignments
for the project, the expected hazard(s) presented by the work, and an explanation on how
employees will protect themselves from those hazards.
The meetings are to be documented by the completion of a Daily Walk Through and
Safety Meeting Form. The project supervisor will assure that the form is properly
completed and signed by all attendees. Completed forms must be maintained in the
project files on site.
See Appendix A for the Daily Walk Through and Safety Meeting Form
Safety Topics Ideas
1.Physical Hazards - Address physical hazards associated with the work site,
such as slipping/tripping/falling hazards, pinch points, overhead hazards,
and nearby operations that could pose a hazard.
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2.Personal Protective Equipment - Specify levels of protective clothing and
protective devices to be used by employees for each of the week's activities.
3.New Equipment - Indicate proper work techniques and any hazards
associated with new or unfamiliar equipment.
4.Atmospheric Hazards - Specific to non-permit confined spaces caused by
work activity. (Hot work (welding, cutting, grinding, heating) equipment
exhaust, etc.)
5.Chemical Hazards - Specific chemical name and adverse properties of all
chemicals to be encountered on the job that day. A Safety Data Sheet (SDS)
for each must be available and discussed.
Other Safety Topic(s) - List any remaining safety topics pertinent to the
potential hazards of the job for that week. This is an area where different,
unique subjects can be introduced to make the safety meeting more interesting
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6 PERSONAL PROTECTIVE EQUIPMENT
6.1 General
This section shall cover the applicable PPE requirements under the Personal Protective
Equipment Standards OSHA 29 CFR 1910.132-138 and Washington WAC 296-800-160, 296-
817 and 296-841 through -842 which include eye, face, head, foot, hearing and respiratory
protection.
The purpose of personal protective equipment (PPE) is to shield or isolate individuals from the
chemical and physical hazards that may be encountered during work activities. Full-faced
respirators protect lungs, gastrointestinal tract, and eyes against airborne contaminants.
Chemical and fire resistant clothing protects the skin from contact with destructive and
absorbable materials. (Ref. TBI H&S policy HS600)
The level of protection must correspond to the level of hazard known, or suspected, in the
specific work area. PPE has been selected with specific considerations to the hazards associated
with work activities. The specific PPE to be used for each level of protection is located in
Table 6-1.
6.1.1 Eye Protection
All associates engaged in or working in areas adjacent to eye-hazardous activities or operations
shall wear appropriate eye protection.
Safety glasses are required for eye protection at all times, including under face shields
and welding helmets while in an eye hazard work area, and shall meet ANSI Standard
Z87.1 requirements.
Face shields or welding helmets are required for face protection from flying particles,
debris and dust during all grinding, sanding and wire wheel operations and are not a
substitute for safety glasses eye protection.
Full-face respirators can provide eye and face protection in lieu of safety glasses,
goggles, or face shields.
6.1.2 Foot Protection
Safety-toed boots/shoes (ANSI Z41) is required for all construction job sites. Specialized
footwear is personally provided as required by the nature of the work. Special foot protection
may include, but is not limited to, chemically resistant, thermally shielded, metatarsal guards,
etc.
6.1.3 Head Protection
Hard hats meeting ANSI Z89.1 shall be provided to protect workers from impact, penetration,
falling objects, and/or limited electrical shock and burn, as appropriate for work site hazards.
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6.1.4 Body Protection
Protection clothing, gloves, boots, and other protective equipment shall be provided as
appropriate for the hazards associated with the tasks being performed.
6.2 Hearing Protection
Employees shall use hearing protection during all phases of tank construction, maintenance and
during earth and foundation work requiring the use of power and heavy equipment. Noise
surveys done during the construction and work inside tanks show noise levels exceed the 85 dBA
TWA8 . For your safety, wear your hearing protection at all times.
6.2.1 Audiometric Testing
Audiometric Testing shall be completed on initial hire and once annually thereafter.
Ref. TBI policy 401)
6.3 Air -Purifying Respirators
The air-purifying respirator cartridges selected for use during work at this site are HEPA filter
which will protect against dust mist and fumes having a TWA greater than 0.05 mg/m3,
asbestos-containing dusts, welding fumes mists, and radionuclides. The 3M 2097/07184 filter
also contain a nuisance level organic vapor relief built into the filter which do not have the
ability to protect against OSHA PEL’s for organic vapor concentration.
6.3.1 Respirator Fit Test
All personnel who may be required to wear a negative-pressure, air-purifying respirator shall be
fitted properly and tested (Ref. TBI H&S policy HS601). Employees shall have the opportunity
to handle the respirators, and wear them in normal air for a long familiarity period. Following
the familiarity period, employees shall test the piece-to-face seal by use of the positive and
negative pressure tests:
Positive Pressure Test — with the exhaust port(s) blocked, the positive pressure of
slight exhalation should remain consistent for several seconds.
Negative Pressure Test — with the intake ports blocked, the negative pressure of
slight inhalation should remain constant for several seconds.
Air-purifying respirators shall not be worn when conditions prevent a seal of the respirator to the
wearer. Such conditions may be the growth of a beard, sideburns, a skull cap that projects under
the face-piece, or temple pieces on glasses. No employee may wear a beard if it interferes with
the fit of the respirator. Also, the absence of one or both dentures can seriously affect the fit of a
face-piece, and should be worn at all times that respirators are being used. The worker's
diligence in observing these factors shall be evaluated by periodic checks.
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6.3.2 Cartridge/Filter Changes
All cartridges/filters must be changed a minimum of once daily. Changes will also be made
when personnel begin to experience increased inhalation resistance or breakthrough of a
chemical warning property.
6.3.3 Respirator Cleaning, Maintenance, and Inspection
All respirators used on site shall be cleaned and maintained in the following manner:
Remove filters and cartridges.
Visually inspect face piece and parts, discard faulty items.
Remove all elastic headbands.
Remove exhalation cover and inhalation valves.
Wash, sanitize, and rinse face piece. Wash any parts that were removed separately.
Dry the mask. Wipe face pieces and valves.
Disassemble and clean the exhalation valve.
Visually inspect face piece and all parts for deterioration, distortion, or other faults that
might affect the performance of the respirator.
Replace any questionable or faulty parts.
Reassemble mask and visually inspect completed assembly.
Seal mask in plastic bag.
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7 CONFINED SPACE
This procedure defines the responsibilities, requirements and system for controlling the entry
and work in confined spaces for supervisors, employees and subcontractors. To eliminate all
injuries / mishaps resulting from entry into confined spaces during construction of steel tanks and
applicable steel structures. This program has been developed to ensure compliance with the
Occupational Safety and Health Administration (OSHA) and Washington Administrative Codes
WAC) permit-required confined spaces regulation.
Air monitoring is key to minimizing the potential for a hazardous atmosphere buildup in the
tank. Ventilation fans may be required to help minimize or reduce the hazard.
Key provisions of this procedure include:
Workplace Evaluation
Training
Non-Permit-Required Confined Spaces
Retention of Inspection and Test Logs
Program Review
All persons working in confined spaces (tanks, pipes and trenches) must read this procedure
before work is to begin. Supervisors will insure that this procedure is followed by all employees
subcontractors.
7.1 Workplace Evaluation
All project locations will be evaluated by the project/location supervisor or an entry supervisor to
determine if the tank under construction is a non-permit or permit-required confined space
PRCS). All permit-required spaces will be posted with a sign bearing the following or similar
warning: “DANGER PERMIT-REQUIRED CONFINED SPACE. DO NOT ENTER.” This
workplace evaluation will be documented using Appendix A-3 & 4. (Example A-5 & 6)
Entry into confined spaces determined during the workplace evaluation as non-permit space shall
have air monitoring tests done a minimum of twice per work shift. These confined spaces must
be re-evaluated whenever the use or configuration of the space changes in any way that might
change its classification.
If permit or alternate entry is required, the TBI HS300 Confined Space program shall be
implemented.
7.2 Designation of Confined Spaces
All confined spaces must be initially evaluated for known and potential hazards.
Each confined space shall be designated as a non-PRCS or a PRCS using the
criteria set forth in the OSHA and WISHA codes. If a confined space is
designated as a PRCS, the space may be reclassified as non-permit-required
confined spaces by the entry supervisor and project supervisor under the following
conditions:
All contaminants have been isolated or removed.
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All actual or potential atmospheric hazards have been eliminated, with
testing verification.
Ventilation is not required to maintain control of atmospheric hazards.
All recognized hazards, including engulfment, within the space have been
eliminated.
The space will be re-evaluated (and reclassified to permit-required, if
needed) whenever the use or configuration of the space changes in any way
that might increase the hazards to the entrants. All entrants will exit the
space immediately when hazards are noted.
To verify atmospheric hazards are not present, an air-monitoring log shall be
maintained from the installation of the first wall sheets to the completion of
the project. Minimum testing shall be at the start of each shift and once
daily during welding, cutting or arc gouging activities. The supervisor
should schedule additional testing as deemed necessary to insure no buildup
of hazards in the air. Each test shall log two separate readings, one within
12 inches of the floor and one in the breathing zone. Include the following
and be conducted in the listed order:
Oxygen level 19.5 – 22.5% -- normal 20.9%
Flammable vapor/gas (LEL) level -- max. 10%
Carbon Monoxide (CO) level -- max. 35 ppm
Any additional Toxins -- (see SDS for PEL (Permissible Exposure
Limit))
The site supervisor will make the certification that all hazards have been
eliminated on the Confined Space Hazard Evaluation form.
The Confined Space Hazard Evaluation form will be posted at the entrance
to the confined space.
When the alternate entry procedures are used for controlling a hazardous
atmosphere, all procedures in the WAC and OSHA codes shall be followed.
see TBI HS300 section 5.2)
If the confined space is designated as Permit-Required, the supervisor shall
comply with TBI’s Confined Space Program (HS300) starting at section
6.0) General Requirements
7.3 Determining Non-Permit and Alternate Entry Confined Space
The following procedure complies with the OSHA CFR 29 1910.146 and WAC 296-
809.
A confined space may be classified as a non-permit-confined space under the
following conditions and procedures:
If the confined space poses no actual or potential atmospheric hazards.
If the confined space has no other recognized health or safety hazards including
engulfment in solid or liquid material, electrical shock, or moving parts.
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If all hazards within the space are eliminated without entry into the space, the
confined space may be classified as a non-permit confined space for as long as the
hazards remain eliminated.
If it is necessary to enter the confined space to eliminate hazards, it must be
assumed a permit space and such entry must be performed following TBI’s
Confined Space Program (section 6.0). If testing and inspection during that entry
demonstrate that the hazards within the permit space have been eliminated, the
permit space may be reclassified as, a non-permit confined space for as long as
the hazards remain eliminated.
Control of atmospheric hazards through forced air ventilation does not constitute
elimination of the hazards.
The supervisor must document that all hazards in a permit space have been
eliminated, using the CONFINED SPACE HAZARD EVALUATION form
insuring the;
date,
location of the space, and
signature of the person making the determination is on the completed form.
Post the completed form at the entry to the confined space and a copy maintained
with the air-monitoring log.
When there are changes in the use or configuration of a non-permit confined
space that might increase the hazards to entrants, the supervisor must reevaluate
that space and, if necessary, reclassify it as a permit-required confined space.
If hazards arise within a confined space that has been classified as a non-permit
space, each employee in the space must exit the space. The supervisor must then
reevaluate the space and determine whether it must be reclassified as a permit
space, using the CONFINED SPACE HAZARD EVALUATION form.
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8 EXCAVATION AND TRENCHING
All excavation and trenching operations shall be in compliance with OSHA 29 CFR
1926.650 through 652. Washington WAC 296-155-650 through 66411 and TBI policy
HS307
8.1 Excavation and Development
The following safety guidelines shall be adhered to while conducting excavation
development and landfill pipe installation:
Prior to opening an excavation, effort shall be made to determine soil type and whether
underground installation (i.e., sewer, telephone, water, fuel electric lines, etc.), will be
encountered and the estimated location. When the excavation approaches the estimated
location of such installation, the exact location shall be determined and when it is
uncovered, proper supports shall be provided for the existing installation. Utility
companies shall be contacted and advised of proposed work prior to the start of actual
excavation.
Ladders will be used in any trench greater than 4 feet in depth, and must be available
with every 25 feet of lateral travel. The ladders must extend above the trench at least
3 feet or greater. (confined space)
Protective systems (i.e., shoring/bracing, sloping or benching) shall be used if personnel
are to enter an excavation with a depth greater than 5 feet. (confined space)
Sloping or benching shall be in accordance with the OSHA standard and shall
correspond to the proper ratio (i.e., 1½:1) as per soil type. See Appendix A
Air monitoring for hazardous atmospheres (i.e., combustible gases and volatile
organics, oxygen deficient environments) shall be conducted prior to personnel entering
the trench with a depth at 4 feet or greater.
Barriers shall be erected around excavations in remote work locations. Backfill all
excavations, temporary wells, pit, and shafts when work is completed.
Vehicular traffic and heavy equipment shall remain at least 4 feet from the face of the
excavation. All excavated or other materials shall be stored and retained at least 2 feet
from excavation.
The excavation shall be inspected by the selected competent person throughout the
work day, during any change in conditions (i.e., rain, cracking/fissures), and at a
minimum twice daily. See Inspection form in Appendix A
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9 FALL PROTECTION PLANNING
9.1 Fall Protection
This program has been developed to comply with applicable standards. T Bailey, Inc. will
identify fall hazards and institute the elements of this fall protection work plan to provide the
most effective means.
The site supervisor must evaluate all job tasks for potential fall hazards at the job site and
complete this job site fall protection plan.)
9.1.1 Fall Hazard Identification
Elevations greater than 4 feet
Staging erection
Staging over 4 feet
Shell openings
Ladders
Roof Edge
Steel erection
Rolling Staging
9.1.2 Methods of Fall Protection
Eliminate fall hazard
Full body safety harness with shock absorbing lanyard
Standard Railings
Staging
Practice ladder safety
Static lines/Life lines
Snorkel (boom) lifts
Scissors lifts
Man baskets when warranted
Minimize fall hazard
9.1.3 Fall Protection Equipment
Full body harness
Locking snap hook
Lanyard
Buggy lanyards
Lifeline
Restraint line
Static line
Work position lanyards
Rope grab
Staging
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Standard railings
9.1.4 Assembly, Maintenance, Inspections, Disassembly Procedures
Assembly and disassembly of all equipment will be done according to manufacturers
recommended procedures.
Conduct a visual inspection of all safety equipment on a daily basis or before each
use. Any defective equipment shall be tagged and removed from use immediately.
The manufacturer’s recommendations for maintenance and inspection shall be
followed.
9.1.5 Equipment Handling and Storage
Equipment will be issued daily. It should be stored in a dry place. Each worker is
accountable for returning safety equipment to the tool room or the designated storage
area.
9.1.6 Overhead protection
Hard hats required at all times
Barricade area below and restrict access
Post warning signs
Use containers with lanyards
Install protection at manholes
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9.1.7 Emergency Rescue Procedures
In the event of a fire, medical or other emergency, help may be summoned in several
ways.
1. Contact the field supervisor (See Appendix B-9)
2.Emergency contact, work site location and medical facility information is in
Appendix B-3
3.A LIFT PLATFORM or man lift will be used to lower an injured person to
ground level if appropriate. Injured work hanging in a fall harness MUST be
retrieved within 5 minutes to stop Suspension Trauma.
4.In case of serious injury, injured worker (not hanging in a harness) should not be
moved wait for trained medical personnel and assist them in lift operations.
5.When requesting medical via phone give the location where the ambulance is
needed and any additional information which would prove useful, such as number
of persons injured, a loss of breathing, etc. STAY ON THE PHONE UNTIL
ASSISTANCE ARRIVES!
9.1.8 Training
Each T Bailey, Inc. new-hire will review with the Supervisor the written Fall Protection
Work Plan as part of the employee site orientation. Continued fall protection training
will be provided via weekly safety meetings and fall protection demonstration. A copy
of this plan will be posted in the job shack.
Workers requiring the use of fall protection will receive instruction on the proper use and
maintenance of selected fall protection equipment. This program will be reviewed again
in a training session before the work actually begins. Each worker must sign the
attendance sheet to document training, and a copy will be kept on file.
All documentation forms are in Appendix A
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10 TANK SCAFFOLDING
This section defines the process of inspection and erection of tank Builders Scaffolding
used by TBI during the construction of above ground steel storage tanks. To prevent all
injuries / accidents from occurring during the set-up/tear down and use of field erected
tank builders scaffolding.
It will be the responsibility of the site competent person to oversee and insure that all employees
involved in the erection or dismantling of scaffolding understand and work under the restrictions
of this procedure.
10.1 Procedures
Only after the identification of all hazards and the completion of training based on this
procedure and the TBI Safety Manual may scaffolding of the tank begin. Mandatory
100% tie off, 100% of the time with full body harness may be required.
The maximum distance between the brackets to which the scaffold support and guardrail supports
are attached will be no more than 10’-0”. No more than three employees shall occupy any 10’-0”
span of scaffold planking at any time. Scaffold bracket clips shall be attached by welding both
sides of the top edge for a minimum of 1.5” using E7018 electrodes.
Planking shall be laminated engineered scaffold planks 1-1/2” thick 10” wide and 12’-0” long.
The planks shall be inspected for damage before they are installed. Planks shall be placed three
wide across the scaffold supports. The next set of planks shall be placed so that they overlap the
first set and are supported by the scaffold bracket under the first set of planks with a minimum of
12”of overlap. This procedure will continue the rest of the way around the tank until the complete
circumference is staged. Planks that do not overlap by 12” shall be nailed together or secured
using chains and binders attached to the support bracket.
First level of scaffold is typically 48” off the ground and may or may not have the hand line
installed. All other levels shall have the hand line. The hand line shall consist of a 1” pipe vertical
station 48” in height attached to each of the scaffold brackets. The 1” pipe shall have two 3/8” x
5/8” radius rings attached to it, spaced 1’-2” apart, starting from the top. A 3/8” wire rope is put
through each of the rings and pulled tight around the circumference then clamped with 3/8” cable
clamps completing the safety rail.
A taut 3/8” wire rope supported on the scaffold brackets shall be installed at the scaffold plank
level between the innermost edge of the scaffold platform and the curved plate structure of the
tank shell to serve as a safety line. This is in lieu of an inner guardrail assembly where the space
between the scaffold platform and the tank exceeds 12 inches. In the event, the open space on
either side of the rope exceeds 12 inches, a second wire rope appropriately placed, or guardrails
shall be installed in order to reduce that open space to less than 12 inches.
In lieu of toe boards, loose tool containers will be used. These containers will be placed at the
stanchion post area and tied off to prevent inadvertent tipping or falling. No loose tools will be
allowed on the scaffold area and housekeeping shall be maintained at all times.
An overhead barrier will be installed at the man-way or point of entry for the protection of people
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entering the tank. In an effort to heighten awareness to the overhead hazard Danger Workers
above signs will be posted in clear view, yellow barrier tape may also be used.
10.2 Tagging
Only scaffolds displaying a signed tag may be used. Limitations on tags will be strictly
adhered to.
o Green Tag - This scaffold meets applicable regulations and complies with this
policy. Employees will wear fall protection equipment at all times, however tie-
off is not required.
o Yellow Tag - WARNING — This scaffold does not comply with applicable
regulations or with this policy. 100% tie off 100% of the time is required.
o Red Tag - DANGER — This scaffold is not to be used. Scaffold being moved shall
be marked with a Red Tag only personnel involved with scaffold move are
allowed. 100% tie off 100% of the time is required. A competent person is
required to supervise this operation at all times
A TBI competent person shall inspect and sign all scaffolds prior to use each day. Any
deviation from regulations and this procedure shall be cause for the scaffold to be
retagged to an appropriate color.
Employees will read the instructions / restrictions on the tags prior to each days use.
Workers are not allowed to work under scaffold at any time.
o Exception: During short-term work for laying or adjustment of welding cables,
gas hoses or movement of equipment the area of the scaffolding above the work
area shall be vacated along with any pry bars, key plates, key channels. The
scaffold section above the work area shall be cordoned off for 10’ on both
directions.
Loose tools and equipment shall be kept in the loose tool containers. This does not
include, which due their size and weight do not lend themselves as a hazard if resting on
the scaffold planks.
Keep all equipment in good repair and inspect prior to each use. Do not use equipment
that is damaged or deteriorated. Report any questionable equipment to your supervisor
immediately.
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11 FORKLIFT OPERATION
T Bailey Forklift training or union forklift operator training certificate is required to operate
forklifts on or for T Bailey projects.
Project supervisor must verify operator’s certification or provide the required training before an
employee operates a forklift.
See appendix ‘A’ Forklift Training
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12 AERIAL WORK PLATFORMS
This section defines the process for the safe operation, maintenance, and inspection of
Vehicle Mounted Elevating and Rotation Work Platforms on the job site. It address the
requirements of the company policy (HS818) which regulates the operation and
maintenance of aerial work platforms.
12.1 Operation SAFETY WARNINGS AND CAUTIONS
Only employees who are actively participating in training or have been trained in
accordance with Section 12.2 of this procedure will be permitted to operate company
owned, rented, or leased aerial work platforms. The following operational rules will
be observed by all company employees operating an aerial work platform:
The following safety information is vitally important for safe aerial lift operation.
Failure to follow these instructions can result in possible personal injury and/or
DEATH.
Most aerial lifts are all metal booms NON-INSULATED aerial work platform.
DO NOT operate near ELECTRICAL conductors. Regard all conductors as being
energized.
All platform occupants MUST wear and use an approved full body safety harness as
required by OSHA. Attach safety harness to platform attachment points.
Always wear hard hat and any other protective clothing or equipment as required by
your specific job.
When driving or moving the platform, check clearance around the aerial lift to avoid
contact with structures or other hazards. Always look in the direction of motion.
Keep ground personnel from under platform when it is in the elevated position.
When absolutely necessary to transfer from the platform to another structure or vice
versa, use extreme caution, attaching safety harness lanyard immediately upon
transferring to another surface or entering the platform. Do Not attach lanyard to
outside work area and platform at the same time.
A good safety practice is to have personnel that are trained to provide operator
support, working in the immediate area of the aerial lift to assist the platform operator
in the event of an emergency.
DO NOT exceed the unrestricted platform capacity as indicated on the capacity
placards at the platform and ground control station.
DO NOT allow wires, cables, hoses, rope or other materials to trail down from
platform when moving the aerial lift.
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DO NOT operate the aerial lift unless you are completely familiar with operating
characteristics and have inspected and tested all functions to be sure they are in
proper working order.
DO NOT operate an aerial lift that is not functioning properly, or that has been
damaged until the unit has been repaired by qualified maintenance personnel.
DO NOT operate the aerial lift on soft ground, or on a slope in excess of 5%, (6 inch
rise in 10 feet).
DO NOT operate an aerial lift that does not have all safety and instruction, warning
or caution decals and placards attached and legible. (Refer to your "Operator's
Manual" for proper decals and placards and their locations).
DO NOT use ladders, planks or other devices to extend or increase work range from
the platform.
DO NOT sit or climb on platform railing. Keep feet on platform floor at all times.
DO NOT jerk controls. Move controls slowly and deliberately.
DO NOT use boom for any purpose other than to position personnel and their tools
and equipment.
DO NOT use the boom to raise the aerial lift from the ground.
DO NOT use the aerial lift as a crane.
DO NOT engage in any form of 'Horseplay' while operating the unit.
DO NOT operate aerial lift in high wind conditions. (Wind or wind gusts of 25 MPH
or more).
DO NOT operate out of doors during thunderstorms.
DO NOT raise or extend boom, (extendable axle unit), unless axles are extended and
locked.
DO NOT retract axles, (extendable axle unit), unless boom is down and retracted.
DO NOT fill fuel tank while engine is running. Refuel slowly to prevent spillage
which is a fire hazard.
DO NOT operate inside a building unless it is well ventilated.
DO NOT kill hot engine while operating at high RPM. - idle before stopping.
DO NOT modify the aerial lift in any way without prior factory approval.
DO NOT override any of the safety features of the unit.
All service adjustments and maintenance MUST be performed in accordance with
factory recommendations contained in the aerial lift "Operation, Maintenance and
Repair Parts" manual.
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If a safety or an operational problem is encountered, which is not covered in the
aerial lift manuals, you are urged to consult your dealer or the factory for
recommendations.
12.2 Training
Every employee that operates an aerial lift shall be informed of the operating instructions
contained in Section 12.1 and in the aerial lift's operating manual. Other practices dictated
by the particular workplace in which the aerial lift will be used will also be covered.
Training shall be provided at the time of initial assignment. Training will also be
refreshed whenever:
The operator is involved in an accident or near-miss incident while operating an aerial lift;
The operator has been observed operating an aerial lift in an unsafe manner;
There are changes in the workplace that could affect safe operation; or
The operator is assigned to a different type of aerial lift.
Training will be conducted by a qualified trainer or outside training resource familiar with
aerial lift operations and will consist of a review of this procedure, the aerial lift's operating
manual and a demonstration of operational skills. The evaluation of operational skills will
be tailored to the employee's anticipated work environment. The employee will have to
demonstrate that he/she knows and understands the aerial lift's functional features, is
familiar with safety rules and regulatory requirements, and can demonstrate overall safe
aerial lift operational skills. The trainer and employee will acknowledge completion of this
training by signing the aerial lift training record provided in appendix A.
12.3 Inspection
The aerial lift operator is required to perform a daily pre-use inspection of the aerial lift
they will be operating. If an unsafe condition is identified, a supervisor shall be
immediately informed of the condition and the aerial lift not operated until adequate repairs
have been made. Most aerial lift operation and maintenance manuals contain inspection
checklists that can be used as a guide for the inspection. In the event that a particular aerial
lift manual does not contain an inspection checklist, the form provided in appendix A can
be used. (see project form binder) All manufacturer-recommended procedures shall be
followed during inspections.
12.3.1 CHECK LIST BEFORE USING
Before beginning each day's work, perform the following inspection of the unit.
Check fluid levels in hydraulic oil reservoir, fuel tank, engine crankcase and
battery.
Inspect chassis, booms and platform for loose or missing parts and/or fasteners,
wear, weld cracks, dents, bends or other signs of damage.
Check hydraulic components - pump, motors, filters, valves, cylinders, flexible
and metal lines and all fittings for leaks.
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Check tire inflation pressure, (Pneumatic tires only). Proper inflation pressure is
indicated on tire inflation placard. Check tires for cuts or damage.
Check wheel lug nuts for any missing or loose nuts. Torque loose nuts with
torque wrench to proper torque as indicated on placard located on each wheel.
Check that engine compartment is free of debris or materials that could interfere
with engine operation.
Check all function and emergency controls for proper operation.
Check all safety devices for proper operation.
Check wiring cables and harnesses for proper installation and tightness.
Check that all placards and decals are attached and are legible.
Check your personal protective equipment.
12.3.2 Standard Aerial Lift Safety Features
The use of standard safety features is an important factor in safe aerial lift operation.
Although aerial lifts need not be equipped alike, there are some mandated safety
features that are required to be on all company owned or operated aerial lifts. These
required safety features include:
Travel alarm
Portable fire extinguisher
Horn
12.4 Maintenance
Only authorized personnel shall perform maintenance or repair activities on aerial lifts.
Guidelines for the maintenance of aerial lifts are contained in the operations and
maintenance manual developed for the specific make and model of aerial lift being
maintained. All work shall be done in accordance with the manufacturer's guidelines.
Because aerial lifts are typically used every day, it is particularly important for personnel
to follow these manufacturer-established maintenance, lubrication, and inspection
schedules. Special attention should be given to aerial lift boom controls and features such
as brakes, steering, lift overload devices, tilt mechanism, and safety features.
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13 LADDERS
This procedure establishes the minimum safety standards required for the inspection, setup, and
use of Fixed and Portable ladders and Fall Protection. It is not intended to address the
requirements for scaffolds as specified in Subpart L of 29 CFR 1926.
13.1 Fixed Ladder Inspection
The ladder user is required to perform an inspection of a ladder prior to use and after any
event that could result in ladder damage. Ladders, which have been determined to be
defective, will be placed “out of service” and will be repaired to a condition meeting their
original design or replaced. A supervisor will be immediately informed of the condition of
any defective ladder. The following guidelines will be followed during ladder inspections.
13.1.1 Pre-use inspection
Ladders shall be inspected by a competent person for visible defects on a periodic basis
and after any occurrence that could affect their safe use.
Ladders are clean, free from grease, oil, mud, snow, ice, wet paint, and other slippery
materials.
Ladders with structural defects, such as, but not limited to, broken or missing rungs,
cleats, or steps, broken or split rails, or corroded components, shall be withdrawn from
service until repaired.
The requirement to withdraw a defective ladder from service is satisfied if the ladder is
either.
Immediately tag with "do not use" or similar language marked in a manner that readily
identifies it as defective or blocked (such as with a plywood attachment that spans several
rungs).
Ladder repairs shall restore the ladder to a condition meeting its original design criteria,
before the ladder is returned to use.
13.1.2 Fall Protection Inspection
Ladder safety devices, and related support systems, for fixed ladders shall be inspected for
but, not limited to the following:
Activates within 2 feet after a fall occurs
The connection between the carrier or lifeline and the point of attachment to the body belt
or harness shall not exceed 9 inches in length.
Rigid carriers shall be attached at each end of the carrier, with intermediate mountings, as
necessary, spaced along the entire length of the carrier, to provide the strength necessary
to stop employees' falls.
Flexible carriers shall be attached at each end of the carrier. When the system is exposed
to wind, cable guides for flexible carriers shall be installed at a minimum spacing of 25
feet and maximum spacing of 40 feet along the entire length of the carrier, to prevent wind
damage to the system.
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Side rails of through or side-step fixed ladders shall extend 42 inches above the top of the
access level or landing platform served by the ladder.
Make sure all rivets, joints, mounting hardware, nuts, and bolts are tight, in good condition
and functioning properly.
Ropes, cables, and grabs will be checked to ensure proper operation and will be replaced if
worn or defective.
13.1.3 Storage
Ladders will be stored in such a manner as to provide for ease of access or inspection, and
to prevent danger of an accident when withdrawing a ladder for use.
13.2 Setup
When setting up ladders they must conform to and be capable of support the following
loads.
13.2.1 Fixed Ladder
At least two loads of 250 pounds (114 kg) each, concentrated between any two
consecutive attachments plus anticipated loads caused by ice buildup, winds, rigging, and
impact loads resulting from the use of ladder safety devices. Each step or rung shall be
capable of supporting a single concentrated load of at least 250 pounds (114 kg) applied in
the middle of the step or rung.
Ladders rungs shall be parallel, level, and uniformly spaced not less than 10 inches apart,
nor more than 14 inches apart, as measured between centerlines of the rungs.
Minimum clear distance between the side rails of fixed ladders shall be 16 inches.
The rungs of fixed metal ladders shall be corrugated, knurled, dimpled, coated with skid-
resistant material, or otherwise treated to minimize slipping.
Splicing sections to obtain a given length, the resulting side rail must be at least equivalent
in strength to a one-piece side rail made of the same material.
Minimum perpendicular clearance between the center line of fixed ladder rungs and any
obstruction on the climbing side of the ladder shall be 30 inches, except as provided in
OSHA or WISHA codes. (WAC 296-155-480 (o))
Minimum perpendicular clearance between fixed ladder rungs and any obstruction behind
the ladder shall be 7 inches.
Point of access/egress shall have a step-across distance of not less than 7 inches nor more
than 12 inches as measured from the centerline of the rungs to the nearest edge of the
landing area.
Ladders shall have a clear width to the nearest permanent object of at least 15 inches on
each side of the centerline of the ladder.
Side rails of through or side-step fixed ladders shall extend 42 inches above the top of the
access level or landing platform served by the ladder.
Ladders shall be provided with ladder safety devices, or self-retracting lifelines where the
top of the ladder is at a distance greater than 24 feet above lowest level.
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13.2.2 Fall Protection Setup
Safety device shall be capable of withstanding without failure a drop test consisting of an
18-inch drop of a 500-pound weight.
Permit the employee using the device to ascend or descend without continually having to
hold, push or pull any part of the device, leaving both hands free for climbing.
Activated within 2 feet after a fall occurs, and limit the descending velocity of an
employee to 7 feet/sec. or less.
Connection between the carrier or lifeline and the point of attachment to the harness shall
not exceed 9 inches (23 cm) in length.
Mounting of ladder safety devices for fixed ladders shall conform to the following:
Mountings for rigid carriers shall be attached at each end of the carrier, with intermediate
mountings, as necessary, spaced along the entire length of the carrier, to provide the
strength necessary to stop employees' falls.
Mountings for flexible carriers shall be attached at each end of the carrier. When the
system is exposed to wind, cable guides for flexible carriers shall be installed at a
minimum spacing of 25 feet and maximum spacing of 40 feet along the entire length of
the carrier, to prevent wind damage to the system.
Mountings and cable guides shall not reduce the design strength of the ladder.
13.3 Use
Only employees who have been trained in accordance with Section 10.5 of this
procedure will be permitted to use fixed ladders. The following operational rules
will be observed by company employees.
13.3.1 Using a Fixed Ladder
As in climbing or descending any ladder maintain a three-point contact at all times.
Connect the ladder safety device to your harness before stepping onto the ladder.
Face the ladder while climbing up or down and keep body centered between side rails.
Employees shall not ascend or descend ladders while carrying tools or materials that might
interfere with the free use of both hands.
Working from a ladder, the ladder shall be secured at both top and bottom.
No type of work shall be performed on a ladder that requires the use of both hands to
perform the work, unless a positioning safety harness is worn and the safety lanyard is
secured to the ladder.
Work only within arm’s length of the ladder.
Use rope to raise or lower materials and tools.
13.3.2 Using Fall Protection
Follow all hazard warnings and safety instructions for fixed ladders.
Do not use ladders in high winds.
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Employees using fixed ladders must:
Connect the ladder safety device to your harness before stepping onto the ladder.
Face the ladder while climbing up or down and keep body centered between side
rails.
Work only within arm’s length of the ladder.
Use both hands when ascending or descending while maintaining a firm grip.
Allow no other person on the same ladder section.
Use rope to raise or lower materials and tools.
13.4 Portable Ladder Use
Only employees who have been trained in accordance with Section 13.5 of this procedure
will be permitted to use portable step, straight, or extension ladders. Only Type 1
Industrial” and Type 1A “Heavy Duty Industrial” wooden or composite will be authorized
for use. The following operational rules will be observed by company employees.
13.4.1 Stepladders
Follow all manufacturer hazard warnings and safety use instructions affixed to ladder.
Do not use stepladders in high winds.
The top two steps of stepladders are not to be used as steps.
Personnel using stepladders must:
Face the ladder while climbing up or down and keep body centered between side
rails.
Work only within arm’s length of the ladder.
Use both hands when ascending or descending while maintaining a firm grip.
Allow no other person on the ladder.
Use rope to raise or lower materials and tools.
A portable stepladder is designed as a one-person working ladder. The ladder base
sections are to be placed with a secure footing.
13.4.2 Straight and Extension Ladders
Follow all manufacturer hazard warnings and safety use instructions affixed to ladder.
Ladders must be attended by either another employee, or tied off when in use.
Do not use ladders in high winds.
Employees using ladders must:
Face the ladder while climbing up or down and keep body centered between side
rails.
Work only within arm’s length of the ladder.
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Use both hands when ascending or descending while maintaining a firm grip.
Allow no other person on the ladder.
Use rope to raise or lower materials and tools.
Portable ladders are designed as a one-person working ladder. The ladder base
section is to be placed with a secure footing. Safety shoes or feet of good substantial
design are to be installed on all ladders.
13.5 Training
Employees will be trained to recognize hazards related to fixed and portable ladder use
and the fall protection procedures to follow that minimize these hazards. Training on the
safe use of ladders and fall protection will be conducted prior to an employee being
allowed to use fixed and portable ladders. This training will be conducted by site
supervisor familiar with safe ladder and fall protection use. Training will include a review
of this procedure, applicable OSHA or WISHA standards, and a demonstration of correct
ladder and fall protection usage. (Ref. HS 301 & 302) The evaluation of correct usage will
be tailored to the employee’s anticipated work situation. The employee will have to
demonstrate that he/she knows and understands how to safely use the ladder, is familiar
with the content of this procedure, and can demonstrate overall ladder use skills.
Employees will acknowledge receiving this training by signing the ladder training record
provided in Appendix A.
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14 AUTOMATIC GIRTH WELDER
Notice: This manual is designed specifically for use with T Bailey, Inc. built and owned single
head Automatic Girth Welding (AGW) equipment. Any other use or reference of this manual is
not authorized without written permission from T Bailey, Inc.
Warning: Do Not use this manual to setup and operate an AGW built by any other company. This
manual may not address all their safety concerns and may not provide for all setup and operational
procedures or known hazard of commercially built AGW’s.
For safe equipment operation, use the operations manual provided by the manufacture.
14.1 Single Head Automatic Girth Welder
Operational procedures for mounting an AGW on a tank structure.
See Appendix A for Setup Checklist
1. Unload Horizontal from truck and place on ground or floor of tank
2.Assemble fragile parts (curtain, electrical controls, welding wire, hoses, wire leads, etc.)
3. Stand up vertical using top pad eye
4. Remove shipping supports form safety arms
5. Adjust height spacing to height of sheet
Setting AGW on inside of tank
6.Caution: Before placing AGW on the new ring /course ensure all Vertical Seams are
Secure/Dogged
7. Set on inside of tank shell / second or subsequent course Two men on hook ladders, one on
each side of the AGW to assist in positioning AGW.
CAUTION: Place Automatic in location on tank where welding will start
Do not transit automatic around tank to welding start point)
8. When AGW is mounted on the inside of the tank, climbing and working on the AGW any
distance above the operator’s cage floor, the worker shall use 100% tie-off fall protection.
Exception: When worker is standing on the AGW safety cage floor.
9. Adjust wheel radius for travel on inside of tank
10. Remove all obstacles from path of flux belt and lower support wheel (approximately 10”
above to 20” below the seam to be welded).
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11. Position welding leads and hoses to ensure they do not hang up or cause side tension on
AGW
12. Setup welder, stow the lower support wheel and weld inside of tank (see welding procedures)
Moving AGW to outside of tank
1. Before moving AGW to outside of tank ensure, adequate slack in leads and hoses.
2. Using top pad eye lift vertically and rotate Automatic 180 degrees and place on the outside of
tank
CAUTION: Place Automatic in location on tank where welding will start
Do not transit automatic around tank to welding start point)
3. Two men on hook ladders, one on each side of AGW on the inside of the tank to assist in
positioning AGW.
4. Adjust wheel radius for travel on outside of tank.
5. When the AGW is set on the outside of the tank workers shall use 100% tie-off fall
protection. Exception: When the operator is inside the AGW safety cage with access safety
chains secured across access openings, the retractable lanyard may be unhooked from body
harness.
6. Ensure all obstacles are removed from path of flux belt and lower support wheel
approximately 10” above to 20” below the seam to be welded).
7. Position welding leads and hoses to ensure they do not hang up or cause side tension on
AGW
8.Setup welder and weld outside of tank (see welding procedures)
9. When inside and outside seam welding is complete the AGW shall be removed from the tank
and stored on the ground during the installation of the next ring / course.
Travel Operations of AGW
1.During setup and pre-positioning adjustments, forward and reverse travel is required. The
operator should use the JOG switch for any AGW travel.
2.When the AGW is in motion the operator shall remain inside the operator’s station with
ready access to the travel controls.
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15 AIR SAMPLING EXPOSURE MONITORING
Inhalation hazards are caused from the intake of vapors and contaminated dust. Air monitoring
shall be performed while intrusive activities are taking place to detect the presence and relative
level of those air contaminants which are inhalation hazards.
The data collected throughout the monitoring effort shall be used to determine the appropriate
levels of protection. (Ref. TBI policy HS104)
15.1 Exposure Monitoring
Air monitoring equipment to be used during site activities, shall consist of an oxygen/
combustible gas/carbon monoxide/hydrogen sulfide (02 /LEL/CO/H2S) meter. All air monitoring
equipment will be maintained in accordance with, at a minimum, specific manufacturer's
instructions. Calibration will occur before and after each use. All direct reading instrumentation
calibrations should be conducted under the approximate environmental conditions the instrument
will be used. All air monitoring equipment calibrations and maintenance activities shall be
documented on a direct reading monitoring form, or equivalent.
15.1.1 O2/LEL/CO/H2S Meter
The 02 /LEL/CO/H2S Meter has the ability to determine the level of explosive vapors and
oxygen-deficient environments. The combustible gas indicator scales read from 0 to 100 percent
of the Lower Explosive Limit (LEL). The oxygen meter scales read from 0 to 25 percent oxygen
levels. All LEL monitoring shall be conducted in the work area directly above the emission
source. All oxygen monitoring will be conducted in the breathing zone.
The Carbon Monoxide and Hydrogen Sulfide components of this meter are direct reading which
measures the concentration of carbon monoxide and hydrogen sulfide within 10 seconds of each
gas detection.
15.1.2 Monitoring Frequency
A summary of the monitoring equipment and frequency for each work activity is presented in
Table 7-1. As noted in the table, the monitoring equipment listed per work activity relates to the
initial level of protection. The monitoring frequency may be decreased if the work areas and
activities are unchanging, the result of the first hour of monitoring indicates contaminant
concentrations are non-detect, and no differing conditions are observed.
15.1.3 Health and Safety Action Levels
An action level is a point at which increased protection or termination of activities is required
due to the concentration of contaminants in the work area.
Action is required if:
Any symptoms occur, as described in Section 4-1.
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Requested by an individual performing the task.
Any irritation to eye, nose, throat, or skin occurs.
CO levels exceed 35 ppm in the breathing zone.
H2S levels exceed 10 ppm in the breathing zone
When airborne concentrations of hazardous materials exceed or are expected to exceed
twice the OSHA PEL in the worker’s breathing zone.
Work zone airborne concentrations which would require work stoppage and evacuation (cease
and desist) are detailed in Table 7-1.
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16 SITE CONTROL AND WORK ZONES
The purpose of site control is to minimize potential injury of workers and protect the public from
hazards found on site. Site control is especially important in emergency situations.
16.1 Work Zones
Prior to starting work on the Site the SS, PM and Client will establish work zone boundaries
based on conditions at each work location at the time of the fieldwork. The crane, field vehicles,
portable barricades and caution tape, if necessary, will be used to identify the secure work zone.
Only site workers will be allowed in the established work zone while work is in progress.
A central construction office will be established on site for new workers and visitors arriving at
the site. Because of the use of a central office and the lack of public access to this project site, it
is not anticipated that a physical boundary fence to the construction site will be required.
16.1.1 The Work Zone
The Work Zone shall be designated during mobilization activities, and prior to the
commencement of construction activities. The size of the Work Zone shall contain all
construction activities. If necessary, the size of the work zone may be increased to allow more
working area or to incorporate greater area for higher levels of protection due to outside
activities.
Prior to entering the Work Zone, the following conditions must be met: personnel shall be suited
in the required personal protection.
16.1.2 The Support Zone
The Support Zone is a Non-hazard zone, which is the location of administrative and other
support functions such as first aid, telephones, equipment supply, and emergency information.
The Support Zone would have negligible potential for exposure to hazards except that of the
refinery.
The majority of site operations will be controlled from this field office trailer as well as access
to the site. The support trailers will provide for team communications and emergency response,
and sanitary facilities (i.e., Porta-John). Appropriate safety and support equipment also will be
located in this zone.
The support trailer will be located between the access road and work zone, if possible, and would
be used as a potential evacuation point, if appropriate.
16.2 Communication
Each member of TBI’s work crew will be able to communicate with another entry team member
at all times. Communications will be by two-way radio, telephone and hand signals.
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The primary means for external communication on this project are telephones. The primary
team member (SS) must:
Have the necessary telephone numbers readily available in the Support Zone.
Optional) Two way radios, at least one per crew team. (crew team = one or more
employees working on the same job/task.)
The following standard hand signals will be mandatory for all employees to understand
regardless of other means of communication:
Hand gripping throat — Out of air, cannot breathe.
Hands on top of head — Need assistance.
Thumbs up— OK, I'm all right, I understand.
Thumbs down — No, negative.
Gripping partner's wrist, or gripping both of your own hands on wrist (if partner is out
of reach) - Leave area immediately.
16.3 Buddy System
16.3.1 Responsibilities
A buddy system shall be implemented when conducting Permit Confined Space activities on this
site. This buddy shall be able to:
Provide his or her partner with assistance.
Observe his or her partner for signs of chemical exposure or temperature stress.
Periodically check the integrity of his or her partner's protective clothing.
Notify attendant personnel if emergency help is needed.
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17 MOBILE CRANES
Crane safety is a key issue at T Bailey, Inc. project sites. Proper qualification of operators is
the key element in proper crane operation.
Since crane operations at T Bailey projects involve some subcontracted or rental equipment,
the project manager and supervisor shall insure all crane operators working on T Bailey
projects are qualified to operate the specific crane in use.
17.1 Crane Operators
Crane operations on T Bailey projects may involve hiring a qualified subcontractor, or renting
a crane to be operated by T Bailey personnel. It is the responsibility of the project manager
and supervisor to verify that crane operations are conducted in accordance with applicable
standards, using qualified operators. (Note: Hawaii requires crane operator to be state
certified)
T Bailey Requirements
All cranes operated on T Bailey-controlled sites shall meet applicable design standards
i.e., ANSI, Power Crane and Shovel Association, etc.).
Cranes shall have a copy of the most recent annual and periodic inspections on-board.
All cranes shall be inspected by a qualified person, prior to operation (see Appendix A
Crane Inspection Checklist (Daily Checklist)), to verify proper working condition. If
this inspection is not conducted by a T Bailey operator, the T Bailey site supervisor
shall verify that it is done by initialing and dating the completed form.
A copy of the manufacturer’s operating manual shall be carried on all cranes. The
manual shall include a load-rating chart that indicates safe loads in various
configurations, wire and cable minimums and maximums, and any special
considerations.
Crane operators shall use the crane manufacturers operating manual for proper setup
and operation of the crane in use.
The “Recognizing Unsafe Crane and Rigging Practices” (section 17.1.1), or equivalent,
and the “Hand Signals for Mobile Cranes” (section 17.1.2) are to be reviewed at the
Safety Meeting prior to crane operation.
All cranes rented, leased, or purchased by T Bailey shall be equipped with a load
indicator.
The daily inspection completed by the operator or a competent person before first
operational use of each shift. (Appendix A)
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17.1.1 Recognizing Unsafe Crane and Rigging Practices
Be Alert For:
Quick and sudden crane movements;
Improper crane ground conditions;
Improper crane support (mats, cribbing, etc.); - Mobile
Horseplay with and around the crane;
Unsecured crane swing radius; - Mobile
Leaking hydraulic systems
Unsecured crane load path;
Loads being passed over the heads of personnel;
Damaged wire rope on crane;
Use of damaged rigging gear;
Use of rigging gear without gloved hands;
Improper use of Standard Hand Signs.
This list is not intended to be all-inclusive. The constant observance of crane and
rigging operations is a must to obtain the safest environment possible. Always be
on the lookout for acts that could lead to an accident.
Overhead power lines;
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17.1.2 HAND SIGNALS FOR MOBILE CRANES
EMERGENCY STOP. Arm
extended, palm down, move
hand rapidly right and left.
STOP. Arm extended, palm
down, hold position rigidly.
DOG EVERYTHING.
Clasp hands in front of body.
MOVE SLOWLY. Use one
hand to give any motion signal
and place other hand
motionless in front of hand
giving the motion signal. (Hoist
Slowly shown as example.)
RAISE BOOM. Arm extended,
fingers closed, thumb pointing
upward.
LOWER BOOM. Arm
extended, fingers closed,
thumb pointing downward.
USE MAIN HOIST. Tap fist
on head; then use regular
signals.
USE WHIP LINE. (Auxiliary
Hoist) Tap elbow with one
hand; then use regular signals.
SWING. Arm extended, point
with finger in direction of
swing of boom.
TRAVEL. Arm extended
forward, hand open and
slightly raised, make pushing
motion in direction of travel.
TRAVEL (One Track). Lock
the track on side indicated by
raised fist. Travel opposite
track in direction indicated by
circular motion of other fist
rotated vertically in front of
body. (For crawler cranes
only.)
TRAVEL (Both Tracks). Use
both fists, in front of body,
making a circular motion, about
each other, indicating direction
of travel, forward or backward.
For crawler cranes only)
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FOR HYDRAULIC MACHINES ONLY
HOIST. With forearm vertical,
forefinger pointing up, move
hand
in small horizontal circle,
LOWER. With arm
extended downward,
forefinger pointing down,
move hand in small horizontal
circles,
RAISE THE BOOM AND
LOWER THE LOAD. With
arm extended, thumb
pointing up, flex fingers in
and out as long as load
movement is desired.
LOWER THE BOOM AND
RAISE THE LOAD. With arm
extended, thumb pointing
down, flex fingers in and out
as long as load movement is
desired.
RETRACT BOOM (Telescoping
Boom). One Hand Signal. One
fist in front of chest, thumb
pointing outward and heel of fist
tapping chest.
EXTEND BOOM
Telescoping Boom).
One Hand Signal. One fist in
front of chest with thumb
tapping chest.
EXTEND BOOM
Telescoping Boom). Both
fists in front of body with
thumbs pointing outward.
RETRACT BOOM
Telescoping Boom). Both
fists in front of body with
thumbs pointing toward each
other.
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17.2 ERECTING AND STOWING THE SWING-AWAY BOOM EXTENSION
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18 CRANE LIFTED WORK BASKET
18.1 Work Basket Operations
Crane operations on T Bailey projects may involve hiring a qualified
subcontractor, or renting a crane to be operated by T Bailey personnel. It is the
responsibility of the project manager to verify that crane operations are conducted
in accordance with applicable standards, using qualified personnel.
18.1.1 SAFE WORK PRACTICES
a.The use of workbaskets is a normal part of tank construction for work where
the use of scaffolding or man lifts is not possible because of structural design.
b. The use of the workbasket requires the completion of the Workbasket
Inspection Checklist prior to the hoisting of personnel. The supervisor and
each person that will be working with or in the basket shall sign the
Suspended Workbasket Authorization. In no case is a workbasket to be used
as an elevator.
c.The number of employees occupying the personnel platform shall not exceed
the number required for the work being performed.
d. Employees shall keep all parts of their bodies inside the workbasket during
raising, lowering and positioning.
e.Hoisting of employees shall be discontinued upon indications of any
dangerous weather conditions or other impending danger.
f.The work basket shall be hoisted just above the ground and inspected to
assure that it is secure and properly balanced before employees are allowed
to occupy the work basket.
g.Employees being hoisted shall be in continuous sight of and communication
with the crane operator or signal person. If at any time, the operator cannot
see hand signals or hear radio-relayed signals; he/she shall stop all operations
until he/she can receive signals.
h.Employees occupying the workbasket shall wear a full-body harness with a
lanyard appropriately attached to a structural member within the workbasket.
i.No lifts shall be made on another of the crane's load lines while personnel are
suspended on a platform.
j. Hoisting of employees while the crane is traveling is prohibited.
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18.1.2 DESIGN GUIDELINES
a. A qualified engineer, who is competent in structural design, shall design
workbaskets. The basket will be designed and constructed for the specific
purpose of hoisting personnel by means of a crane.
b. Lifting bridles on the workbasket shall be designed to minimize tipping of
the basket due to the movement of employees occupying the basket. The
basket shall be at least four (4) feet square, head room should be provided,
which allows employees to stand upright in the platform and be of weld
construction with a safety factor of five (5).
c. A 42-inch high guardrail for perimeter protection of personnel within the
workbasket shall be maintained. It shall be either solid construction or
expanded metal having openings of no greater than 1/2 inch, with a gate that
swings inward only and equipped with a positive latch. The workbasket
weight, maximum number of employees, and the load capacity of the basket
must be posted permanently on the basket door. The workbasket shall be
easily identifiable by color or marking.
d. Personnel workbaskets are not to be used to hoist materials or tools without
employee.
e. A grab rail shall be provided inside the personnel basket. Overhead
protection shall also be provided when employees are exposed to falling
objects. A welder qualified for the weld grades, types and material specified
in the design shall perform all welding. All exposed rough edges shall be
ground smooth. Engineering must approve basket design.
18.1.3 RIGGING
a. Load block or ball hooks shall be a type that can be closed and locked,
thereby eliminating the throat opening. As an alternate, a shackle with a
screw pin, nut and retaining pin may be used.
b. When a wire rope lifting bridle is used to connect the workbasket to the load
line, the bridle legs shall be connected to a single ring or shackle. Lifting
bridles and associated hardware used for attaching the workbasket to the
hoist line shall not be used for any other service.
c. All eyes in wire rope slings shall be fabricated with thimbles. Wire rope,
shackles, rings and other rigging hardware shall have minimum safety factor
of five.
d. A safety wire rope sling shall be affixed from the uppermost part of the
lifting bridle to a point above the ball or the dead-end load line of the load
block or to the load block.
e. Tag lines shall be used where practical.
Page 135 of 704
18.1.4 CRANE SETUP AND OPERATION
a.The crane shall be uniformly level within one percent of the level grade and
located on firm footing. Crane outriggers, if provided, shall be used
according to manufacturer's specifications when hoisting employees. Crane
travel is prohibited while the workbasket is suspended. The crane operator
shall remain at the controls at all times, with the engine running, when the
workbasket is suspended.
b. The total weight of the loaded workbasket and related rigging shall not
exceed 25 percent of the rated capacity for the radius and configuration of the
crane. The minimum load hoist wire rope safety factor shall be seven (7).
Except where rotation resistance ropes are used, the line should be capable of
supporting without failure at least ten times the maximum intended load.
Lifting and lowering speeds shall not exceed 100 feet (30m) per minute. The
load-line hoist drum shall have controlled (power) load-lowering capability;
free fall is prohibited. Only cranes with a fail-safe braking system will be
permitted.
c.Telescoping booms shall be marked or equipped with a device to clearly
indicate to the operator, at all times, the boom's extended length.
d. A positive acting device shall be used which prevents contact between the
load block or overhaul ball and the boom tip (anti-two-blocking device), or a
system shall be used which deactivates the hoisting action before damage
occurs in the event of a two-blocking situation (two block damage prevention
feature).
e.Load and boom hoist drum brakes, swing brakes and locking devices such as
dogs and pawls, as equipped, shall be engaged when the occupied work
basket is in a stationary working position. If the work is not landed, it shall
be secured to the structure before employees exit or enter the basket.
18.1.5 INSPECTIONS AND TESTING
a.The crane to be used and the work basket shall be inspected by a competent
person at the beginning of each shift and before hoisting employees in the
work basket after the crane has been used for any material handling operation
in which greater than 50 percent of the rated capacity was lifted.
b. A trial lift with the workbasket unoccupied shall be made for each new work
location and at the beginning of each shift to ensure that all systems, controls
and safety devices are functioning properly. A full-cycle operational test lift
at 200 percent of the intended load of the workbasket shall also be made at
each new setup location before hoisting employees for the first time.
c.A visual inspection of the crane, workbasket and base support shall be
conducted immediately after the test lift to determine whether the testing had
any adverse effect upon any component or structure. A copy of the Crane
Operator's Daily Checklist shall be avaialable.
Page 136 of 704
d. Any defects found during such inspections, which may create a safety
hazard, shall be corrected before further use of the workbasket.
18.1.6 PRE-LIFT MEETING
a.A meeting attended by the operator, signal person(s) to be lifted, and the
person responsible for the task to be performed shall be held to review this
procedure and the work procedures to be followed.
This meeting shall be held before the beginning of personnel hoisting operations at each new
work location and thereafter for any employees newly assigned to the operation.
Page 137 of 704
19 EMERGENCY RESPONSE CONTINGENCY PROCEDURES
19.1 On-Site Emergencies
An Emergency Information Contact Sheet containing emergency phone numbers and directions
to the closest hospital, is located in Appendix B. A copy of this sheet shall be posted in the
support area next to the telephone.
If an emergency occurs on site necessitating a response to an emergency, the emergency
coordinator on site shall be immediately alerted to the incident. This notification shall be an
audible alarm, by use of an air horn, radio or by telephone. Personnel should reassemble at a
pre-designated location to take a head count. The Emergency Coordinator shall direct personnel
to either evacuate, or make other assignments as necessary to mitigate the emergency.
19.1.1 Injury/Incident Reporting
TBI project employees are required to immediately report to their direct supervisor all
occupational injuries, illnesses, accidents, and near miss incidents having the potential for injury.
Refer to the Incident Reporting System Checklist, in Appendix B for detailed instructions
concerning notifying the safety office and health care provider in the event of an injury. In
addition all injury and mishap investigation reports must be sent to the client / owner of
the project within one week of the incident.
19.1.2 Emergency Procedures for First Aid Personnel
Whenever possible, personnel should wash before administering first aid:
Skin Contact — Remove contaminated clothing, wash immediately with water, use
soap, if available.
Inhalation — Remove victim from contaminated atmosphere. Remove any
respiratory protection equipment. Initiate artificial respiration, if necessary. Transport
to the hospital.
Ingestion — Remove from contaminated atmosphere. Do not induce vomiting if
victim is unconscious. Also never induce vomiting when acids, alkalis, or petroleum
products are suspected. Transport to the hospital, if necessary.
If site personnel have unexplainably collapsed, all personnel must evacuate work area. Rescue
personnel must don supplied-air respiratory protection before evacuating victim from work area.
19.1.3 Emergency Equipment/First Aid
Basic first aid supplies (10 pack kit) will be located in the first aid box. The first aid box along
with first aid manuals and Medical Data Sheets, will be located in the trailer. Other on-site
emergency equipment includes an emergency alarm (i.e., air horn), emergency eyewash, DEET
Page 138 of 704
spray solution, fire extinguisher, potable water and drinking cups, anti-bacterial soap, and
telephone.
19.1.4 Fire Reporting Procedures
In the event of fire immediately contact the Site Supervisor and the Fire Department 911. If the
fire cannot be controlled by trained personnel with the appropriate extinguishing equipment in
the inception stage all personnel shall evacuate the area. The fire department shall be notified of
ALL fires.
19.2 Chemical or Petroleum Product Spill Response Procedures
Despite the best effort of workers to prevent spills resulting in the release of chemicals or
petroleum products will occur. For this reason, it is essential that construction site personnel have
a spill response plan that includes appropriate procedures and materials to contain adequately
and cleanup a spill. The following procedures should be used as a guide to help personnel design
an effective spill control plan for their area of responsibility. Plan form is in Appendix ‘A’.
The person responsible for the activity, construction site, equipment or vehicle from which a
release of hazardous material occurs is responsible for the cleanup, removal and disposal of the
hazardous material. All cleanup and disposal will comply with state and federal regulations.
Additionally, the responsible company may be liable for the expenses incurred by the emergency
responders, including the cost of materials used by emergency responders in the containment,
treatment and/or disposal of the hazardous materials.
19.2.1 Spill Response - Major Spill
The person who discovers a spill that:
1) involves the release of a quantity over 3 gallons of chemical or petroleum
products or type that pose an immediate risk to health;
2) involves an uncontrolled fire or explosion; or
3)involves serious personal injury will immediately:
Notify the local Police & Fire at 911 of the location and nature of the spill, leak, or runoff of
hazardous material.
Notify State EPA. (See EPA contact information)
Notify T Bailey Safety Director
Evacuate the area and implement other measures as required to eliminate fire, explosion, and
health hazards.
Follow the instructions of the Site Emergency Coordinator or hazardous materials specialist
Page 139 of 704
responding to the emergency call.
19.2.2 Spill Response - Minor Spill
In the event of a spill involving the release of a quantity under 3 gallons of chemical or
petroleum products or type which do not pose an immediate risk to health:
Notify the site supervisor and other personnel of the mishap / spill.
Notify T Bailey Safety Director within two hours. (If no answer leave a message with call
back number)
Isolate the area. Evacuate the immediate area if necessary.
Remove all ignition sources and establish exhaust ventilation. Vent vapors to outside of
building / tank only (open all entry points.)
Choose appropriate personal protective equipment (goggles, face shield, impervious gloves,
apron or coveralls, boots, respirator, etc.) All personnel must be properly fit tested before
using a respirator.
Confine and contain the spill. Cover with appropriate absorbent material. Sweep solid
material into a dustpan and place in a sealed plastic container. Decontaminate the area with
soap and water after cleanup and place residue in a plastic bag or another sealed plastic
container. Maintain the containers to Hazardous Waste in a safe place for pickup.
When the cleanup is complete, notify the Safety Director so arrangements can be made to
pick up the Hazardous Waste.
Page 140 of 704
19.2.3 How To Report a Spill (Requires State Specific Information)
Spills of oil or hazardous substances must be reported .
Oregon State Spill Rules
State rules regarding spills or releases of oil and/or hazardous substances is found in OAR 340, Division
142 or go to the website at http://www.deq.state.or.us/lq/hw/rules.htm The rules state: In the event of a
spill or release or threatened spill or release of oil or hazardous material, the person owning or having
control over the oil or hazardous material shall take the following actions, as appropriate.
Immediately implement the site’s Spill Prevention Control and Countermeasure (SPCC) or contingency
plan.
If no plan exists, immediately take the following actions:
a. Activate alarms or warn persons in the immediate area.
b. Undertake every reasonable method to contain the oil or hazardous material.
In the case of a medical emergency or public safety hazard, notify local emergency responders (fire
department, ambulance, etc.) using 911 where available.
If the amount of oil or hazardous material exceeds the reportable quantity in any 24-hour period, report
the spill or release to the Oregon Emergency Response System (1-800-452-0311 in-state, and (503)
378-4124 out-of-state).
If the quantity of oil or hazardous material exceeds the quantity referenced in “d” below, report the spill
or release to the National Response Center, 1-800-424-8802.
Reportable Quantity
Reportable quantity as defined in OAR 340-142-0050:
1) Spills and releases, or threatened spills or releases of oil or hazardous materials as defined by OAR
340-142-0005(9) in quantities equal to or greater than the following amounts must be reported a. Any
quantity of radioactive material or radioactive waste;
b. If spilled or discharged into waters of the state or in a location from which it is likely to escape into
waters of the state any quantity of oil that would produce a visible film, sheen, oily slick, oily solids,
or coat aquatic life, habitat or property with oil, but excluding normal discharges from properly
operating marine engines;
c. If spilled on the surface of the land, and not likely to escape into waters of the state, any quantity of
oil over one barrel (42 gallons);
d. An amount equal to or greater than the quantity listed in 40 CFR Part 302– Table 302.4 (List of
Hazardous Substances and Reportable Quantities) and amendments adopted prior to July 1, 2002;
e. Ten pounds or more of a hazardous material not otherwise listed as having a different reportable
quantity by the Department or the United States Environmental Protection Agency on the list of
hazardous substances in 40 CFR 302.4;
f. Any quantity of chemical agent (such as nerve agents GB or VX, blister agent HD, etc.;
g. Two hundred pounds (25 gallons) of pesticide residue;
h. Any quantity of a material regulated as a Chemical Agent under ORS 465.550;
i. Any quantity of a material used as a weapon of mass destruction, or biological weapon;
j. One pound (1 cup) or more of dry cleaning solvent, including perchloroethylene, spilled or released
outside the designed containment by a dry cleaning facility regulated under ORS 465.505(4).
NOTE: When in doubt about reporting the spill or
release — always report the incident to the Oregon
Emergency Response System (OERS). Let the OERS
determine if the release is important or not.
Page 141 of 704
Cleanup
Anyone liable for the spill or release or threatened spill or release shall IMMEDIATELY
CLEAN UP THE SPILL OR RELEASE. Spills or releases must be cleaned up
completely as possible.
The Department’s Environmental Cleanup Program and/or the appropriate DEQ region
office should be contacted to assure that cleanup meets state requirements. The
Environmental Cleanup Program can be reached at (503) 229-5913.
Cleanup Report
The Department may require the responsible party to submit a written report to the
department describing all aspects of the incident and steps taken to prevent a recurrence.
NOTE: A hazardous waste determination will have
to be conducted on any cleanup debris, including
contaminated soil, water, or groundwater. If the generator
determines that the cleanup debris is hazardous
waste, it must be handled accordingly. Hazardous
waste cleanup debris may be managed in tanks and
containers without a facility permit following requirements
of 40 CFR 262.34
Page 142 of 704
19.3 Site Evacuation
In the event of an emergency situation such as fire, explosion, significant release of toxic gases,
etc., an air horn or other appropriate device will be sounded indicating the initiation of
evacuation procedures. All personnel shall meet in the pre-designated site refuge location as
discussed during the initial site meeting.
Page 143 of 704
20 TABLES
Table 4-1 Properties of Potential Site Contaminants
Table 5-1 Heat Index Guide
Table 5-2 Heat Stress Rest Breaks
Table 5-3 Heat Stress Outdoor Temperature Action Levels
Table 5-4 Cold Stress Guidelines
Table 5-5 Wind Chill Chart
Table 7-1 Action Levels for Field Activities
Page 144 of 704
Table 4-1 Properties of Potential Site Contaminants
Chemical Name Exposure Limits Route Of Entry Symptom/Health Effects Physical Properties
Carbon Monoxide TWA: 25 ppm
PEL: 35 ppm
STEL: 200 ppm
Inhalation Headache, Fatigue, Shortness of breath
Nausea, Dizziness, sometimes results in
unconsciousness then into death.
Colorless, odorless
Gas
Hydrogen Sulfide TLV: 10 ppm
PEL: 10 ppm
STEL: 15 ppm
Inhalation
Ingestion
Contact
ACUTE: Irritation of eyes, nose and throat.
CHRONIC: If high concentrations are inhaled,
hyperpnoea and respiratory paralysis may occur.
FP) NA
VP) 20 atm
IP) 10.43eV
Methane TLV: NA
PEL: NA
STEL: NA
Inhalation ACUTE: Asphyxiation (FP) 140°
VP) .55
IP)
Lead PEL & TLV: 0.05 mg/m3 Inhalation
Ingestion
Contact
CHRONIC: Lassitude, insomnia, paleness, lack
of appetite, low weight, malnutrition,
constipation, abdominal pain, colic, vomiting,
tremors, paralysis of the wrists, and permanent
brain damage. Potential mutagen and teratogen.
Organic Solvents
various)
Naphtha
PEL: 500 ppm
Inhalation
Ingestion
Contact
ACUTE: Mucous membrane irritant, cough,
chest tightness, headache, and dizziness.
CHRONIC: Memory problems, fatigue, vertigo
Various
Respirable Dust -
PNOR) Particulates not
otherwise regulated
TLV: 10mg/m3 (inhal.)
TLV: 3 mg/m3 (resp.)
PEL: 15 mg/m3 (total)
PEL: 5 mg/m3 (resp.)
Inhalation ACUTE: Irritation of eyes, nose and throat.
Upper respiratory symptoms.
CHRONIC: Varies with the specific solid
involved.
Properties vary
depending upon the
specific solid
Table 5-1 Heat Index Guide
Heat Index (Apparent Temperature) Chart
The Heat Index (HI) is the temperature the body feels when heat and humidity are combined. The chart
below shows the HI that corresponds to the actual air temperature and relative humidity. (NOTE: This
chart is based upon shady, light wind conditions. Exposure to direct sunlight can increase the HI by up
to 15°F.) (Due to the nature of the heat index calculation, the values in the tables below have an error of
1.3F.)
Heat Index General Effect of Heat Index on People in Higher Risk Groups,
80 to 89o - Caution Fatigue possible with prolonged exposure and/or physical activity
90 to 104o -
Extreme Caution Sunstroke, heat cramps and heat exhaustion possible with prolonged exposure and/or physical activity
105 to 129o -
Danger
Sunstroke, heat cramps or heat exhaustion likely, and heatstroke possible with prolonged exposure
and/or physical activity.
130o or higher –
Extreme Danger Heat/sunstroke highly likely with continued exposure.
Relative Humidity (in percent)
Air
Temp
in F)
0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100
140 125
135 120 128
130 117 122 131
125 111 116 123 131 141
120 107 111 116 123 130 139 148
115 103 107 111 115 120 127 135 143 151
110 99 102 105 108 112 117 123 130 137 143 150
105 95 97 100 102 105 109 113 118 123 129 135 142 149
100 91 93 95 97 99 101 104 107 110 115 120 126 132 138 144
95 87 88 90 91 93 94 96 98 101 104 107 110 114 119 124 130 136
90 83 84 85 86 87 88 90 91 93 95 96 98 100 102 106 109 113 117 122
85 78 79 80 81 82 83 84 85 86 87 88 89 90 91 93 95 97 99 102 105 108
80 73 74 75 76 77 77 78 79 79 80 81 81 82 83 85 86 86 87 88 89 91
75 69 69 70 71 72 72 73 73 74 74 75 75 76 76 77 77 78 78 79 79 80
70 64 64 65 65 66 66 67 67 68 68 69 69 70 70 70 70 71 71 71 71 72
Dew Point (in F)
20.1.1.
Air
Temp
in F)
60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85
104 110 110 110 110 110 110 111 112 113 114 115 116 117 118 119 121 122 124 125 127 128 130 132 133 136 137
102 108 108 108 108 108 108 109 110 110 111 112 113 114 116 117 118 119 121 122 124 126 127 129 131 133 136
100 106 106 106 106 106 106 106 107 108 109 110 111 112 113 114 115 117 118 119 121 123 124 126 128 129 132
98 103 103 103 103 103 103 104 105 105 106 107 108 109 110 111 113 114 115 117 118 120 121 123 125 127 129
96 101 101 101 101 101 101 101 102 103 104 105 106 107 108 109 110 111 112 114 115 117 118 120 122 124 127
94 98 98 98 98 98 98 99 100 100 101 102 103 104 105 106 107 108 109 111 112 114 115 117 119 122 124
92 96 96 96 96 96 96 97 97 98 99 99 100 101 102 103 104 105 106 108 109 110 112 114 116 119 121
90 94 94 94 94 94 94 94 95 95 96 97 98 98 99 100 101 102 103 105 106 107 109 110 113 116 117
88 88 88 88 89 89 90 90 90 91 92 93 94 95 96 97 98 99 100 101 103 104 106 108 110 112 114
86 86 86 87 87 87 88 88 89 89 90 91 91 92 93 94 95 96 97 98 100 101 102 104 106 108 110
84 84 84 85 85 85 86 86 87 87 88 88 89 90 90 91 92 93 94 95 96 97 98 100 101 103 -
82 82 83 83 83 83 84 84 85 85 86 86 87 87 88 88 89 89 90 91 92 93 94 95 - - -
80 80 81 81 81 82 82 82 82 83 83 83 83 84 84 85 85 85 86 86 87 87 - - - - -
Page 146 of 704
Table 5-2
Heat Stress Rest Breaks
Suggested Frequency of Physiological Monitoring for Fit and Acclimatized Workers a
Adjusted Temperature b Normal Work Clothing c Impermeable Clothing
90°F (32.2°C) or above After each 45 minutes of work After each 15 minutes of work
87.5°–90°F (30.8°–32.2°C) After each 60 minutes of work After each 30 minutes of work
82.5°–87.5°F (28.1°–30.8°C) After each 90 minutes of work After each 60 minutes of work
77.5°–82.5°F (25.3°–28.1°C) After each 120 minutes of
work
After each 90 minutes of work
72.5°–77.5°F (22.5°–25.3°C) After each 150 minutes of
work
After each 120 minutes of
work
a For work levels of 250 kilocalories/hour.
b Calculate the adjusted air temperature and humidity on the Heat Index Chart (attachment 2)
c A normal work clothing consists of cotton coveralls or other cotton clothing with long sleeves
and pants.
Examples of Activities within Metabolic Rate Categories]
Table 5-3
Outdoor Temperature Action Levels
Categories Example Activities
Resting Sitting quietly
Sitting with moderate arm movements
Light
Sitting with moderate arm and leg movements
Standing with light work at machine or bench
while using mostly arms
Using 4 inch grinder for grinding or sanding
Standing with light or moderate work at machine
or bench and some walking about
Moderate
Hand sanding in a standing position
Walking about with moderate lifting or pushing,
outdoor forklift operation
Walking on level at 6 Km/hr- 3.73 Mi/hr while
carrying 3 Kg – 6.6 Lbs weight load
Heavy
Using a 9 inch grinder from waste to chest level
Shoveling dry sand
Heavy assembly work on a non-continuous basis
Intermittent heavy lifting with pushing or pulling
e.g., pick-and-shovel work)
Very Heavy Shoveling wet sand, steel shot,
All other clothing 89o
Double-layer woven
clothes including
coveralls, jackets and
sweatshirts
77o
Non-breathing clothes
including vapor barrier
clothing or PPE such as
chemical resistant suits
52o
Page 147 of 704
Table 5-4 Cold Stress Guidelines
The following table shows the recommended number of breaks that should be taken per hour based upon the air temperature and wind speeds
encountered. This table also lists the maximum sustained work period (in minutes) allowed when working under these conditions. (Ref. TBI H&S
policy HS401)
Work/Warming Regimen
Air Temperature -
Sunny Sky No Noticeable Wind 5 mph Wind 10 mph Wind 15 mph Wind 20 mph Wind
0C
approx.)
0F
approx.)
Max
Work
Period
of
breaks
Max
Work
Period
of
breaks
Max
Work
Period
of
breaks
Max
Work
Period
of
breaks
Max
Work
Period
of
breaks
26 to -28 -15 to -19 (Norm Breaks) 1 (Norm Breaks) 1 75 min. 2 55 min. 3 40 min. 4
29 to -31 -20 to -24 (Norm Breaks) 1 75 min. 2 55 min. 3 40 min. 4 30 min. 5
32 to -34 -25 to -29 75 min. 2 55 min. 3 40 min. 4 30 min. 5 non-emergency
work should cease
35 to -37 -30 to -34 55 min. 3 40 min. 4 30 min. 5 non-emergency
work should cease
non-emergency
work should cease
38 to -39 -35 to -39 40 min. 4 30 min. 5 non-emergency
work should cease
non-emergency
work should cease
non-emergency
work should cease
40 to -42 -40 to -44 30 min. 5 non-emergency
work should cease
non-emergency
work should cease
non-emergency
work should cease
non-emergency
work should cease
43 and
below
45 and
below
non-emergency
work should cease
non-emergency
work should cease
non-emergency
work should cease
non-emergency
work should cease
non-emergency
work should cease
Table 5-5 Wind Chill Chart
Wind chill, or the cooling effect of moving air, is of critical importance when evaluating the cold exposure of site workers. The potential for frostbite
and hypothermia increases greatly with combined cold temperatures and high wind speeds. Workers should inform the site supervisor, or site safety
officer, if their hands, face, or feet feel numb, and workers should monitor each other for patches of pale or white skin on the face and ears.
The following table describes the cooling power of wind on exposed flesh. This information can be used as a guide for determining equivalent chill
temperatures when the wind is present in cold environments.
Cooling Power of Wind on Exposed Flesh Expressed as an Equivalent Temperature*
In using the table below, values of wind chill below -10° F are considered bitterly cold. Values of wind chill below -20° F are extremely cold - human flesh
will begin to freeze within one minute.
Wind Temperature (° F)
mph) 35 30 25 20 15 10 5 0 -5 -10 -15 -20 -25
5 31 25 19 13 7 1 -5 -11 -16 -22 -28 -34 -40
10 27 21 15 9 3 -4 -10 -16 -22 -28 -35 -41 -47
15 25 19 13 6 0 -7 -13 -19 -26 -32 -39 -45 -51
20 24 17 11 4 -2 -9 -15 -22 -29 -35 -42 -48 -55
25 23 16 9 3 -4 -11 -17 -24 -31 -37 -44 -51 -58
30 22 15 8 1 -5 -12 -19 -26 -33 -39 -46 -53 -60
35 21 14 7 0 -7 -14 -21 -27 -34 -41 -48 -55 -62
40 20 13 6 -1 -8 -15 -22 -29 -36 -43 -50 -57 -64
Frostbite
Time
Thirty Ten Five
Minutes Minutes Minutes
Wind speeds above 40 mph have little additional chilling effect.
Wind Chill (0F) = 35.74 + 0.6215T - 35.75(V0.16) + 0.4275T(V0.16)
Where, T= Air Temperature (0F) V= Wind Speed (mph)
Table 7-1 Action Levels for Field Activities
Task
Monitoring
Instrument
Monitoring Frequency Action Levels 1 Required Action
These action levels apply to any
work that involves confined
space and excavation at the
project site.
Air monitoring of new tank
construction Non-Permit CS is
not required until the roof
installation is completed
O2 /LEL/CO/
H2S Meter
Twice during a work shift:2
During excavation
Pond water management
LEL < 10%
O2 > 19.5%
CO < 35 ppm
H2S < 10 ppm
Continue Work
NA LEL > 10% Evacuate Area3
INTRUSIVE ACTIVITIES
NA O2 < 19.5% Evacuate area3
Excavation of any trench over
four feet deep.
NA CO > 35 ppm
H2S > 10 ppm Evacuate Area3
Hot work on Stainless Steel Air sample
for Cr6
Hexavalent
Chromium
At the start of hot work and continue until
sufficient samples show a maximum level
of contamination.
When the last sample was above the action
level continue air sampling every 90 days
or when work processes change or a
suspected increase in contamination.
2.5 ug / M3
Start OSHA required
protection.
CFR 1926.1126
1 If any LEL or CO is detected, investigate for cause of increase. If O2 drops below 20.1% or goes above 21.4% and CO above 5 ppm investigate for cause of deviation.
2 Frequency of monitoring may be changed when monitoring records support management consensus for changing monitoring intervals.
Note: LEL readings should be taken at the point of operation. O2 readings should be taken in the worker’s BZ.
3 Contact Safety and investigate for cause of action level readings.
Page 151 of 704
MEDICAL DATA SHEET
and
Emergency Contact Information
This brief Medical Data Sheet must be completed by all Personnel working on-site and will be kept in the
Project office during the site operations. This data sheet will accompany any personnel when medical
assistance is needed or if transport to the hospital facilities is required:
Site: ________________________________________________________________________________
Name: ___________________________________________ Home Telephone: ____________________
Address:______________________________________________________________________________
Age: ______________ Height: ______________ Weight: ________________
Person to Contact in Case of Emergency:
1._______________________________________________________ Phone No. ___________________
2._______________________________________________________ Phone No. ___________________
Drug or other Allergies:_________________________________________________________________
Particular Sensitivities: __________________________________________________________________
Do You Wear Contacts? YES NO
Provide a Checklist of Previous Illnesses or Exposures to Hazardous Chemicals:
What Medications are you presently using? __________________________________________________
Do you have any Medical Restriction? ______________________________________________________
Name, Address, and Phone Number of Personal Physician: (if known)
Page 152 of 704
Please complete this acknowledgement form.
EMPLOYEE’S
SAFETY AND HEALTH MANUAL
ACKNOWLEDGE
I ACKNOWLEDGE MY RESPONSIBILITY TO READ AND
UNDERSTAND THE CONTENTS OF THE EMPLOYEE SAFETY
HEALTH MANUAL (ESHM). I AGREE TO FOLLOW THE
PROCEDURES OUTLINED IN THE ESHM. FAILURE TO
FOLLOW THE PROCEDURES IN THE ESHM MAY RESULT IN
DISCIPLINARY ACTION OR TERMINATION. IF I HAVE
FUTURE QUESTIONS CONCERNING SAFETY & HEALTH
PROCEDURES OR POLICIES I WILL ASK MY SUPERVISOR
OR THE COMPANY SAFETY DIRECTOR
I ALSO UNDERSTAND THAT FAILURE TO IMMEDIATELY
REPORT A JOB SITE INJURY OR ILLNESS TO MY
SUPERVISOR MAY RESULT IN THE DENIAL OF WORKER
COMPENSATION BENEFITS.
EMPLOYEE NAME/DATE____________________________________
PRINT) (DATE)
EMPLOYEE SIGNATURE ___________________________________
PROJECT/LOCATION______________________________________
Return the completed form to your supervisor.
HAZARD COMMUNICATION AND RIGHT-TO-KNOW
STANDARDS EMPLOYEE TRAINING RECORD
INITIAL:
1.I have been informed about the Hazard
Communication Program, GHS Program, Safety
Data Sheets (SDS), their use and location, and
the procedures to obtain copies.
2.I have been informed that some of my work
may involve exposure to toxic substances, the
hazards of which will be reviewed with me in
safety meetings or site-specific training.
3. I have been informed about the right of
employees to have access to relevant
exposure and medical records, and the
procedures for requesting access.
4. I understand that the company must act upon a
request in a reasonable amount of time so as
to avoid interruption of normal work operations.
5. I have been provided access to the applicable
regulations governing hazard communication,
and access to employee exposure and medical
records.
PRINT NAME:______________________________
SIGNATURE:_____________________________
By my signature I have received and understand the
company Haz Com Right to Know training.
DATE:________________
Q:What is the Global Harmonization System (GHS)?
A:
GHS is an international system used to
classify hazardous chemicals and standardize
hazard information on product labels and
safety data sheets, called SDSs.
Q:What is a Safety Data Sheet?
A:
A Safety Data Sheet (SDS) is replacing the
Material Safety Data Sheet (MSDS) as the
primary source for detailed hazard information
about chemical products. SDSs follow a
standardized format while MSDSs are permitted
to take on a variety of formats. The consistent
format of SDSs is expected to increase familiarity
so that employees can find information with
quicker success, especially in emergency
situations. To see what is included in one, visit the
OSHA website at www.OSHA.gov/Publications/
HazComm_QuickCard_SafetyData.html .
Q:Who is impacted by the GHS-based changes?
A:
All employers and chemical manufacturers,
importers, and distributors who are subject
to Chemical Hazard Communication rules in
Washington State will need to adapt to the
new GHS-based rules.
Q:When will the GHS changes affect me?
A:
Once the GHS-based changes are integrated
and adopted into Washington State’s Hazard
Communication rules, the new requirements
will be phased in and further information will
be provided by L&I. Here’s how you can stay
informed:
Sign up for L&I’s Division of Occupational
Safety and Health (DOSH) Listserv at
www.Lni.wa.gov/Main/Listservs/
SafetyStandards.asp .
See new rules activity at www.Lni.wa.gov/
Safety/Rules/WhatsNew .
Q:Will I need to change my Hazard
Communication Program?
A:
Yes. Once GHS-based requirements go into
effect in Washington State, your required
Hazard Communication Program will need
to be modified to include the new labels and
standardized SDS format. Your employees
will also need to be trained so they can
understand and use the new labels and SDSs.
The federal Occupational Safety
Health Administration (OSHA)
has made changes to the Federal
Hazard Communication Standard based on the
International Global Harmonization System of
Classification and Labeling of Chemicals (GHS).
Washington State must adopt these changes, and
rulemaking is underway at the Department of
Labor & Industries (L&I) to do so.
These changes are intended to improve
comprehension of hazard information found on
product labels. Safety Data Sheets (SDSs) will
replace the current Material Safety Data Sheets
MSDSs). The ultimate goal of these changes is to
more effectively prevent injuries and illnesses
and save lives.
www.Lni.wa.gov/Safety 1-800-423-7233
Division of Occupational Safety and Health
Questions and Answers:
Hazard CommunicationStandardQ&A
Background
OVER
Page 154 of 704
Q:How do I know if I must follow the
manufacturer requirements of the rule?
A:
The definition for “chemical manufacturer”
will remain consistent with current rules.
You are considered a manufacturer when
you are an employer with a workplace
where chemicals are made, processed,
formulated, blended, extracted, generated,
emitted, or repackaged for use or distribution.
Manufacturers will need to follow changing
requirements for hazard classification,
labeling, and SDSs.
Q:What do I do about my old MSDSs? Do I need
to keep them?
A:
You need to keep them until you phase out
of your current stock of chemicals, and then
replace them with each chemical’s new SDS,
as they become available.
Q:How will labels change?
A:
The information on labels will become
more standardized to increase employee
comprehension of the potential hazards and
precautions. New labels will feature:
Hazard Pictograms (framed by a red border)
A Signal Word, such as DANGER
Hazard and Precautionary statements
A Product Identifier and a Supplier Identifier
For more information and sample labels and
pictograms, visit the OSHA website at:
www.OSHA.gov/dsg/hazcom/index.html .
For sample labels, see
www.OSHA.gov/Publications/HazComm_
QuickCard_Labels.html .
For pictograms, see
www.OSHA.gov/Publications/HazComm_
QuickCard_Pictogram.html .
Q:Will L&I have information online for me to use,
such as training and sample programs?
A:
L&I will provide training resources as soon as they
are developed. These resources will be located at
www.Lni.wa.gov/Safety/Topics/AtoZ under “H”
for Hazard Communication. You may also sign up
for listserv updates at www.Lni.wa.gov/Main/
Listservs/SafetyStandards.asp .
PUBLICATION F417-242-000 [12-2012]
December 2012
Page 155 of 704
EMPLOYEE
AERIAL LIFT TRAINING RECORD
NAME LOCATION
SUPERVISOR
EMPLOYEE NUMBER INITIAL OR REFRESHER TRAINING (CIRCLE ONE)
AERIAL LIFT MAKE/MODEL(s)
I have reviewed and agree to abide by the requirements established in the aerial lift
operation procedure.
Initials
I have reviewed, understand, and agree to abide by the aerial lift operational rules
described in Procedure HS818 or the Site HASP and the manufacturer's operating manual.
Initials
I acknowledge that it is my responsibility to conduct a daily inspection of the aerial lift that I
will be expected to operate.
Initials
EMPLOYEE SIGNATURE DATE
I have observed a demonstration of the aerial lift operational skills for the above employee
and feel that they understand the aerial lift's operational features, are familiar with safety
rules and operational requirements, and have demonstrated satisfactory operating skills.
INSTRUCTOR NAME
Print
INSTRUCTOR SIGNATURE DATE
Keep a copy of this training record in this book to be forwarded to the safety office at the
close of the project.
Notice:
If Aerial Lift will not be
used at this project site,
Training Not Required.
Page 156 of 704
EMPLOYEE TRAINING RECORD:
LADDER TRAINING*
NAME EMPLOYEE NUMBER
LOCATION SUPERVISOR
1.I have reviewed, understand, and agree to abide by the ladder procedures described in Procedure
HS301 Fixed Ladders &/or HS302 Portable Ladders or the Site HASP. (circle the one(s) completed)
2.I acknowledge that it is my responsibility to inspect ladders prior to their use and after any event that
could result in ladder damage.
3.I shall ensure any ladder I climb on is on a stable surface and secured so the feet cannot slide out or
will not tip over.
SIGNATURE DATE
I have observed a demonstration of the ladder usage skills for the above employee
and feel that he or she understands how to correctly use a ladder; is familiar with
safety rules and regulatory requirements; and has demonstrated satisfactory ladder
skills.
INSTRUCTOR SIGNATURE DATE
Keep a copy of this training record in this book to be forwarded to the safety office
at the close of the project.
Notice:
If Ladders will not be
used at this project site,
Training Not Required.
Page 157 of 704
EMPLOYEE
FORKLIFT TRAINING RECORD
NAME LOCATION
SUPERVISOR
EMPLOYEE NUMBER INITIAL OR REFRESHER TRAINING (CIRCLE ONE)
FORKLIFT MAKE/MODEL(s)
I have received forklift training through my union within the past three years for the forklift I
will be operating. Initials
As supervisor I have verified the operator certification card. Initials
I have reviewed and agree to abide by the requirements established in the forklift operation
procedure.
Initials
I have reviewed, understand, and agree to abide by the forklift operational rules described in
Procedure HS820 and the manufacturer's operating manual.
Initials
I acknowledge that it is my responsibility to conduct a daily inspection of the forklift that I will
be expected to operate.
Initials
EMPLOYEE SIGNATURE DATE
I have observed a demonstration of the forklift operational skills for the above employee and
feel that they understand the forklift's operational features, are familiar with safety rules and
operational requirements, and have demonstrated satisfactory operating skills.
INSTRUCTOR/SUPERVISOR NAME
Print
INSTRUCTOR/SUPERVISOR SIGNATURE DATE
Keep a copy of this training record in this book to be forwarded to the safety office at the
close of the project.
Notice:
If Forklifts will not be
used at this project site,
Training Not Required.
Page 158 of 704
DAILY WALK THROUGH AND SAFETY MEETING FORM
Project Name/Number: Date: Time:
Client:
Work Activities:
Safety Topics Presented
Physical Hazards: Slips, Trips, Falls, Cuts, Burns, Flash Burns, Loud Noises, Smashed Body Parts,
Dropped items, Heights
Chemical Hazards:
Specific Work Activity Personal Protective Equipment:
Activity: Cutting/Grinding/Welding PPE Hardhat/Face Shield, Boots, Gloves, Safety Glasses, Ear Protection
Activity: PPE Hardhat/Face Shield, Boots, Gloves, Safety Glasses, Ear Protection
Activity: PPE
New Equipment: 1 2
Other Safety Topic(s): 1 2
Topic Discussion: • Wear PPE at all times (Safety harness when required).
Be aware of your surroundings/ look out for others.
Permit required confined space Y/N (circle one)
DAILY SITE REVIEW CHECK LIST
Employee Safety PPE
Mobile Crane
Daily Checklist Completed
LOOK FOR OVERHEAD POWER
LINES
Crane Work Basket Day use check completed
Rigging Equipment Reviewed-Damage
Spreader Bar Reviewed-Damage
Sheet Clamps Reviewed-Damage
Gen Set
Grounded
Setting on earthen
Ground or with
Grounding rod
Welder Compressor Pack
Grounded-setting on earthen
ground or to Gen Set
Required Initials Notes
Page 159 of 704
Equipment Fueling
Grounded to equipment during
fueling-
Spill and Fire Extinguisher Kits
available & spill protection under
fueling in process
Compressed Gas Bottles
Separate Storage locations for
Oxygen & Flammables Secure
from tipping -
Valve Cap on.
Fire Extinguishers At designated locations
Gen Set, Fuel Tank & Mobile equip
Scaffolding Inside edge of planks within 12
inches of tank Handrails
Overhead Protection Above all entryways
Fall Protection Available for all employees
working at heights & in Boom Lifts
Fall Protection –
Fixed ladders & Vert buggies
Use Self-retracting (YoYo’s) Life
lines Off set landings every 30 feet
are not a substitute
Welding Leads & Gas Hoses Protected through tank opening -
Damage
Extension Cords Connected to GFCI when in-use -
Damage
Confined Space-
Non Permit
Air Monitoring -Door sheet out
Tank is exempt
Excavation Equipment Cordon off swing area and truck
loading area
Excavation/Trenching
Shoring, Benching or Slopping,
Edge distance to vehicle traffic
Ingress/Egress – Air monitoring
O2, LEL, CO, H2s
Traffic Control
Traffic control plan for site &
vehicle Entry / Exit for public road
NAME PRINTED SIGNATURE
Required Initials Notes
Attendees
Meeting conducted by:
Page 160 of 704
T Bailey, Inc.
CRANE OPERATOR'S DAILY CHECK LIST
CRANE NO. TYPE/CAPACITY LOCATION
CERTIFICATION EXPIRATION DATE SHIFT HOUR METER
1 2 3 START STOP
DATE OPERATOR'S NAME
LEGEND
S = SATISFACTORY U = UNSATISFACTORY NA = NOT APPLICABLE In Remarks: R(1,2,etc.) = REMARKS (see comments below)
1 WALK AROUND CHECK 2 MACHINERY HOUSE CHECK
a Safety Guards and Plates
S U NA Remarks
a Housekeeping
S U NA Remarks
b Carrier Frame and Rotate Base * b Diesel Engine and Generator *
c General Hardware c Leaks
d Wire Rope * d Lubrication
e Reeving * e Battery
f Block * f Lights
g Hook * g Glass
h Sheaves * h Clutches and Brakes *
i Boom and Jib * i Electric Motors *
j Gantry, Pendants and Boom Stops * j Auxiliary Engine and Compressor
k Walkways, Ladders and Handrails k Danger/Caution Tags
l Windlocks and Boom Stops I Fire Extinguishers
m Tires/Wheels and Tracks m Hoist drum pawl/rachet locks *
n Leaks
o Outriggers/Stabilizers and Locking Devices *
p Load Chain *
q Inspect Jib before/after each deployment *
r Inspect Jib before/after each deployment *
s Inspect Jib before/after each deployment *
3 OPERATOR CAB CHECK 4 OPERATING TEST
a Gauges
S U NA Remarks
a Check for Power Lines *
S U NA Remarks
b Indicator and Warning Lights b Area Safety *
c Visibility * c Crane Stability *
d Load Rating Charts * d Unusual Noises
e List/Trim Indicator (Floating Cranes) * e Operation *
f Boom Angle/Radius Indicator * f Control Action *
g Fire Extinguisher g Brakes *
h Level Indicator (Mobile Cranes) * h Boom Angle/Radius Indicator *
i Limit Switches *
j Emergency Stops *
k Other Operational Safety Devices *
l General Safety Devices
m Fleeting Sheaves
INSTRUCTIONS - Check all applicable items indicated, each shift. Suspend all operations immediately when observing an unsatisfactory condition of any
item indicated with an asterisk (*) unless the condition has been reviewed and the company maintenance manager and authorized continued operation in
writing. (Authorization letter shall be attached to this checklist) In addition, suspend operation when any unsafe condition isobserved and immediately
notify supervisor. For any unsatisfactory item, identify the specific component and describe the deficient in the "Remarks" block.
REMARKS:
Use other side for more room.
OPERATOR'S SIGNATURE
DATE
SUPERVISOR'S SIGNATURE
DATE
Page 161 of 704
DAILY AERIAL LIFT PRE-USE INSPECTION CHECKLIST
PROJECT/LOCATION NAME:______________________________________________________________ LOG #: ___________________
AERIAL LIFT MAKE/MODEL:_________________________________________________________________________________________
INSPECTION Week of:________________& COMPLETED BY: Mon. ___________________________ Tue.___________________________
MM/DD/YYYY)
Wed.______________________________ Thu._________________________________ Fri._____________________________________
Sat. ______________________________________________ Sun. __________________________________________
ITEM ACCEPTABLE NOT ACCEPTABLE NOT
APPLICABLE DISCREPANCY
M T W T F S S M T W T F S S
Chassis (visual, cracks, dents, etc.)
Boom (visual, cracks, dents, etc.)
Platform
Controls (operation)
Gate
Hydraulics (visual)
Leaks
Loose Fittings
Fluid Levels
Tires (visual)
Excessive Wear
Splits
Missing Material
Loose/Missing Lug Nuts
Engine Compartment (visual)
Fluids Levels
Leaks
Fire Extinguisher (installed)
Emergency Controls (operate)
Gauges/Indicators (operate)
Steering
Lights
Horn
Travel Indicator
Brakes
Wiring Harness
Power Battery
Fuel System (Tank, Lines)
Safety Harness & Lanyard
If an unsafe condition is identified, a supervisor is to be immediately informed of the condition and the aerial lift not operated until
adequate repairs have been made.
COMMENTS:
Page 162 of 704
DAILY FORKLIFT PRE-USE INSPECTION CHECKLIST
PROJECT/LOCATION NAME: LOG #:
FORKLIFT MAKE/MODEL:
INSPECTION Week of: & COMPLETED BY: Mon. ________________________ Tue.___________________
MM/DD/YYYY)
Wed. _____________________________________Thu.________________________________Fri.____________________
Sat. Sun.
ITEM
ACCEPTABLE
NOT
ACCEPTABLE
NOT
APPLICABLE DISCREPANCY
M T W T F S S M T W T F S S
Fire Extinguisher
Mast
Roller
Forks
Hydraulics
Leaks
Loose Fittings
Fluid Levels
Tires
Excessive Wear
Splits
Missing Material
Separation From Rim
Loose/Missing Lug Nuts
Fork Carriage
Tilt Mechanism
Gauges/Indicators
Steering
Lights
Horn
Backup Indicator
Brakes
Other Fluids
Leaks
Levels
Power Source
Battery
Fuel System (Tank, Lines)
Seat Belt
If an unsafe condition is identified, a supervisor is to be immediately informed of the condition and the forklift not operated until
adequate repairs have been made.
COMMENTS:
Page 163 of 704
Other fall hazards in the work area. Use extra sheets if necessary:
SITE SPECIFIC
FALL PROTECTION WORK PLAN
INSTRUCTIONS
A written fall protection work plan must be implemented by each employer on a job site where a fall
hazard of 10 feet or greater exists, in accordance with Department of Labor and Industries, WISHA
Regulations. The plan must be specific for each work site. The plan must be signed by all
T BAILEY Workers on the job site.
THIS WORK PLAN WILL BE AVAILABLE ON THE JOB SITE FOR INSPECTION
This fall protection work plan form must be filled out for each project where T BAILEY has
employees exposed to a fall hazard of 10 feet or greater prior to initiation of the work.
1.FILL OUT THE SPECIFIC JOB INFORMATION.
Project Name: Date
Job Task:
Job Foreman:
2.FALL HAZARDS IN THE WORK AREA
INCLUDE LOCATIONS AND DIMENSIONS FOR HAZARDS
Elevator shaft: Stairwell:
Leading edge: Window opening:
Outside static line: Roof eave height:
Perimeter edge: Roof perimeter dimensions:
Page 164 of 704
Specific types of equipment on the job are:
3. METHOD OF FALL ARREST OR FALL RESTRAINT
For fall protection equipment include details, such as manufacturer etc.)
Full body harness: Body belt (Restraint only):
Lanyard: Dropline:
Lifeline: Restraint line:
Horizontal lifeline: Rope grab:
Deceleration device: Shock absorbing lanyard:
Locking snap hooks: Safety nets:
Guard rails: Anchorage points:
Catch platform: Scaffolding platform:
Safety monitor: Name of monitor, if used:
Other:
4. ASSEMBLY, MAINTENANCE, INSPECTION, DISASSEMBLY PROCEDURE
Assembly and disassembly of all equipment will be done according to manufacturers’ recommended
procedures. (Include copies of manufacturer’s data for each specific type of equipment used.)
Page 165 of 704
A visual inspection of all safety equipment will be done daily or before each use, as stated in the
Employee Training Packet. Any defective equipment will be tagged and removed from use
immediately. The manufacturer’s recommendations for maintenance and inspection will be
followed.
5. HANDLING, STORAGE & SECURING OF TOOLS AND MATERIAL
Toe boards will be installed on all scaffolding to prevent tools and equipment from falling from
scaffolding.
Other specific handling, storage and securing is as follows:
6. OVERHEAD PROTECTION
Hard hats are required on all job sites with the exception of those that have no exposure to overhead
hazards. Warning signs will be posted to existing hazards whenever they are present. In some cases,
debris nets may be used if a condition warrants additional protection.
Additional overhead protection will include:
Toe boards (at least 4 inches in height) will be installed along the edge of scaffolding and walking
surfaces for a distance sufficient to protect employees below, except when using tank scaffolding.
Where tools, equipment or materials are piled higher than the top of the toe board, paneling or
screening will be erected to protect employees below.
7. INJURED WORKER REMOVAL
Normal first aid procedures should be performed as the situation arises. If the area is safe for entry
and the employee has only suffered minor injuries then they should be removed from the area and
treated by Emergency Personnel. If the injury is thought to be serious or the employee is
unconscious the injured employee will not be moved unless their life is in imminent danger.
Emergency rescue personnel will be contacted for all other removals.
Initiate Emergency Services – Dial 911
Page 166 of 704
Building location:
Room location:
Other:____________________________ Location:
Rescue considerations. When personal fall arrest systems are used, the employer must assure that
employees can be promptly rescued or can rescue themselves should a fall occur. The availability of
rescue personnel, ladders, or other rescue equipment should be evaluated. In some situations,
equipment that allows employees to rescue themselves after the fall has been arrested may be
desirable, such as devices that have descent capability.
8. SITE SECURITY
It is important to secure your site. No unauthorized people are allowed beneath your work area. Keep
people out through barriers and signage.
9. TRAINING AND INSTRUCTION PROGRAM
All new employees will be given instructions on the proper use of fall protection devices before they
begin work. They will sign a form stating they have been given this information. This form
becomes part of the employee’s personnel file.
The written fall protection work plan will be reviewed before work begins on the job site. Those
employees attending will sign below. The fall protection equipment use will be reviewed regularly
at the weekly safety meetings.
Date: ______________________________
Print Sign
Foreman:
Prior to permitting employees into areas where fall hazards exist, all employees must be trained
regarding fall protection work plan requirements. Inspection of fall protection devices/systems must
be made to ensure compliance with WAC 296-155-24510.
Page 167 of 704
Page 168 of 704
Project Name: Single Head Automatic Girth Welder Checklist Page
Number: Setup Check List of
Completed
Operator’s Initials) NOTES
Place addition
notes on the
reverse side with
reference #
Inside Date &
Course
Date &
Course
Date &
Course
Date &
Course
Date &
Course
Check Item
Removed from truck and assembled fragile
parts
1
Removed shipping supports 2
Adjusted height spacing 3
All vertical seams are Secure/Dogged 4
Set AGW on tank & adjusted wheel radius 5
Removed obstacles from path
10” above to 20” below welding seam)
6
Position welding leads and hoses to allow
free movement
7
Outside
Before moving from inside to outside
insure adequate slack in leads and hoses
8
Set AGW on tank & adjusted wheel radius 9
Removed obstacles from path
10” above to 20” below welding seam)
10
Position welding leads and hoses to allow
free movement
11
Remove AGW from tank before setting
next course!
12
Warning: 100% tie-off when climbing on AGW (Exception: see Procedure Inside line 8 & Outside line 5)
Only one signature per operator is required
Operator:
PrintName Signature Initials
Operator:
Print Name Signature Initials
Operator:
PrintName Signature Initials
Operator:
PrintName Signature Initials
Operator:
PrintName Signature Initials
Operator Definition: An operator is any person that helps with the setup, moves or operates the AGW in any way.
Page 169 of 704
Workbasket Inspection Checklist
Completed
Date/Time
1.Crane and workbasket inspection
2.Trial lift or full-cycle operational test lift completed before hoisting employees for the first time.
3.Visual inspection of the crane, workbasket and base support conducted after the test lift
4.A copy of the Daily and Monthly Safety Inspection checklist attached to this Suspended Personnel
Workbasket checklist and authorization form.
5.Any defects found during inspections were corrected.
PRE-LIFT MEETING
1.Meeting attended by the operator, signal person(s), and worker(s) to be lifted.
2.Review of the lift procedure and the work procedures completed.
3.Personnel hoisting operations orientation, new work location or newly assigned employee(s).
Print Name:
Signature:
Note: If Optional Basket Worker is not used place N/A in Print Name box.
Suspended Workbasket Authorization
We the undersigned of Project
at
Project Name / Number Location: City / State
Have verified all safety checklists are completed and approve the
workbasket operation for the work at
Project Name
ON
Date
Position/Title Print Name Signature Date
Site Supervisor
or
Forman
Required
Crane Operator
Required
Basket Worker
Required
Basket Worker
Optional
Basket Worker
Optional
Page 170 of 704
Example (Sample) Permit and Non-Permit Designation
Criteria (Sample) CONFINED SPACE
HAZARD EVALUATION Project: Example Project # 12345 Eval. # 3
of 4 Location/Address Western States, USA Eval Date 6/
05/06 Reason for Evaluation:
Roof Installation 1.Past and current uses of space which may adversely affect the atmosphere of
the space.New Construction – No connection to water source – Open top
natural ventilation See atmosphere-
testing log.2.Physical characteristics, configuration and location of
the space.Dimensions & Cubic Feet, number of entryways, etc. or attach
drawing copy)Tank: 85-foot diameter by 50 feet high. Three man ways, 39 inches in diameter and
26 inches from bottom of man way to floor
of tank. 3.Identify existing or potential hazards in the space such as (List and elaborate as
necessary // What work hazards will
be created?):A.Oxygen enrichment or deficiency: (welding, shielded welding, cutting, arc gouging,
grinding etc.) Work caused
potential hazards: Shielded gas welding, arc gouging, sub arc welding
and grinding B. Flammable / explosive gas, vapor, dust: (propane, acetylene, chemicals,
etc.) None C. Potential toxic air contaminants: (chemicals, paint,
etc.) None D. Biological: (organic material / sediment after water drained from used tank, rust,
etc.) None E. Mechanical: (moving
parts) None F.
Other: None 4. Hazard Evaluation (Identify and elaborate
as necessary):A.Scope of exposure (consider size (cubic feet) of space) (PI x r2 x h) (PI=
3.141593) Welding inside seam of roof to tank, one person 4.3 hours, for two workers 2.
0 hours. 283,725.09
cubic feet) B. Magnitude (serious injury or
death) None C. Likelihood of hazard
occurrence: None D. Consequences of hazard occurrence: Stop
work activity E. Potential for changing conditions Minimal if the man way covers are
closed during
welding activity. Page 171
Example F. Strategies for controlling hazards (removing debris, ventilation, etc.) (283,725.09 cubic
feet) Natural convection airflow through man ways and roof vents. Man way
covers secured
open. Forced air ventilation 3500 cfm – one change of air every 1.35
hours 1850 cfm – one change of air every 2.55
hours Forced air ventilation used as a precaution
only. G. Impact on need for emergency response.
None 5. Classification of confined space. (Circle
one)Non-Permit Space Alternate Entry Procedures Permit Required Confined
Space Comply with WAC and OSHA Codes Comply with TBI Confined Space
Program 6.Next scheduled re-evaluation of space. (Installation of roof, doorplate,
etc.)Installation of
doorplate Evaluation performed by: Site Supervisor Date: 6/05/
99 Evaluation reviewed by: Project Manager Date: 6/05/
99 Note: If you have any questions on the confined space call the safety office, (360) 293-0682 ext
251 or cell phone (206) 790-
0911. (Sample) Page 172
Page 1 of 2
Permit and Non-Permit Designation Criteria
CONFINED SPACE HAZARD EVALUATION
Project: Project # Eval. # of
Location/Address Eval Date
Reason for Evaluation:
1.Past and current uses of space which may adversely affect the atmosphere of the space.
New Construction | Used tank: Potable Water | Other: (paint cure time)
Work caused:| (circle one) Distilled Water |
Waste Water |
Chemicals |
2.Physical characteristics, configuration and location of the space.
Dimensions & Cubic Feet, number of entryways, etc. or attach drawing copy)
3.Identify existing or potential hazards in the space such as (List and elaborate as necessary // What
work hazards will be created?):
A. Oxygen enrichment or deficiency: (welding, shielded welding, cutting, arc gouging, grinding etc.)
B. Flammable / explosive gas, vapor, dust: (propane, acetylene, chemicals, etc.)
C. Potential toxic air contaminants: (chemicals, paint, etc.)
D. Biological: (organic material / sediment after water drained from used tank, rust, etc.)
E. Mechanical: (moving parts)
F. Other:
4. Hazard Evaluation (Identify and elaborate as necessary):
A. Scope of exposure (consider size (cubic feet) of space)
B. Magnitude (serious injury or death)
Page 173 of 704
Page 2 of 2
C. Likelihood of hazard occurrence
D. Consequences of hazard occurrence
E. Potential for changing conditions
F. Strategies for controlling hazards (removing debris, ventilation, etc.)
G. Impact on need for emergency response
5. Classification of confined space. (Circle one)
Non-Permit Space Alternate Entry Procedures Permit Required Confined Space
Comply with WAC and OSHA Codes Comply with TBI Confined Space Program
6.Next scheduled re-evaluation of space. (Installation of roof, doorplate, etc.)
Evaluation performed by:Date:
Evaluation reviewed by: Date:
Note: If you have any questions on the confined space call the safety office, (360) 293-0682 ext 251 or
cell phone (206) 790-0911.
Post this evaluation by the confined space entry or with the entry permit.
Page 174 of 704
CONFINED SPACE ENTRY PERMIT
Location of Confined Space and description:
Permit Space to be entered:
Date /Time:
Purpose of entry:
Duration:
Entry Supervisor: Company:
Entry Supervisors signature of entry approval: Signature:
Expires on:
Date / Time of permit closure:Signature:
Communication procedures duringentry: voice sight Radio-- Other
Authorized Entrant’s Name: Initial: Sign In-TIME/DATE SignOut-TIME/DATE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Page 175 of 704
Authorized Attendant’s Name: Initial: Sign In-Time/Dat e Sign Out-Time/Date
1.
2.
3.
4.
5.
6.
Type of Confined Space Being Entered: Select one:
l.1. This is a "PERMIT REQUIRED" Confined Space
2.Thisis an "ALTERNATE ENTRY PROCEDURE" Confined Space
3. This is a "NON-PERMIT REQUIRED" Confined Space- All hazards have been eliminated.
list of Potential Hazards of the Space:
1. 6.
2. 7.
3. 8.
4. 9.
5. 10.
Methods of HazardMitigation
MEASURES FOR ISOLATING
EQUIPMENT
YES NO NA YES NO
Continuous Air Monitoring Standby Rescue Personnel
kLockout/tagout Hearing protection- Ifneeded
Self-containedbreathing apparatus (SCBA) Head/Eye protection
line(s) broken- capped/blanked Air-line respirators w/ Emergency Escape Capabilities
Purge - flush & vent Air purifyingrespirators & cartridges
Ventilation Protectiveclothing
Communication equipment lifelines
Secure area (post & flag) Hot work permit
Full body harness w/ Dring lighting (explosionproof)
Tripod emergency escape unit FireExtinguishers
Other: Other:
Page 176 of 704
PRE ENTRY TEST
Atmospheric Monitoring
Test 1PREEntry Results Test 2 Test 3
Test(s) Acceptable levels Required Date: Date: Date:
Time: Time: Time:
Oxygen 19.5-23.5% Yes/No
Combustible Gas Below 10% of LEL Yes/No
Carbon Monoxide 0 - 25 ppm Yes/No
HydrogenSulfide 0-10ppm Yes/No
Other: Yes/No
Individual performing initial entry test:
Signature) Sign here:
Date: Time:
Continual Monitoring
Atmospheric Monitoring Sample Results (record actual readings)
Test 4 Test Test 6 Test 7
Test(s) Acceptable levels Required Date: Date: Date: Date:
Time: Time: Time: Time:
Oxygen 19.S-23.S%Yes/No
Combustible Gas Below 10% of LEL Yes/No
Carbon Monoxide o-25 ppm Yes/No
Hydrogen Sulfide 0 -10ppm Yes/No
Other: Yes/No
Instruments Used
Model
Calibration Date
Individual Conducting Test (signature) J SignHere: Date:
The Entry Supervisor must complete this section after the entry has been terminated.
Reason for Termination of Entry:
The work described in this permit was completed
Acondition or situation in or near the confined space that required termination
End of Shift/ End of hour limitation
Return the completed Permit to the Supervisor
Entry Supervisor: Print Name Signature Organization
Page 177 of 704
Example Atmosphere
Log Project: Example Project # 12345 Log # 4 of
6 Location/Address Western States, USA Start Date 3/29/
11 Reason for Log: Roof installation and start of forced air
ventilation Date /
Time
O2 19.5 – 22.
5%
LEL Max.
10%
CO Max. 35
ppm Toxin1 Cause of
Deviation
Correction Floor BZ Floor BZ Floor BZ Floor
BZ 6/05/99 - 0700 20.9 20.9 0 0 0 0 NA
NA 6/05/99 - 0800 20.9 20.9 0 0 9 8 NA
NA Generator exhaust blowing into
fan intake / Moved fan
intake 6/05/99 - 0815 20.9 20.9 0 0 0 0 NA
NA 6/05/99 - 0830 20.9 20.9 0 0 0 0 NA
NA 6/05/99 - 0900 20.1 20.6 0 0 0 0 NA NA Leak in Argon gas hose /
Replaced
hose 6/06/99 - 0930 20.9 20.9 0 0 0 0 NA
NA 6/06/99 - 1030 20.9 20.9 0 0 0 0 NA
NA 6/06/99 - 1200 20.9 20.9 0 0 0 0 NA
NA 6/06/99 - 1400 20.9 20.9 0 0 0 0 NA
NA 6/07/99 - 0700 20.9 20.9 0 0 0 0 NA
NA 6/07/99 - 1200 20.9 20.9 0 0 0 0 NA
NA 6/07/99 - 1600 20.9 20.9 0 0 0 0 NA
NA 6/08/99 - 0700 20.9 20.9 0 0 0 0 NA
NA 6/08/99 - 1200 20.9 20.9 0 0 0 0 NA
NA 6/08/99 - 1600 20.9 20.9 0 0 0 0 NA
NA If any LEL or CO is detected, investigate for cause of
increase. If O2 drops below 20.1% or goes above 21.4% investigate for cause of
deviation. Readings at or beyond limits, evacuate the space. Find and eliminate cause of
hazard, complete new evaluation form before
reentry.(
Sample)Page 178 of
Atmosphere Test Log
Project: Project # Log # of
Location/Address Start Date
Reason for Log:
Date /Time
O2
19.5 – 22.5%
LEL
Max. 10%
CO
Max. 35 ppm
Toxin1 Cause of Deviation
Correction
Floor BZ Floor BZ Floor BZ Floor BZ
If any LEL or CO is detected, investigate for cause of increase.
If O2 drops below 20.1% or goes above 21.4% investigate for cause of deviation.
Readings at or beyond limits, evacuate the space. Find and eliminate cause of hazard,
complete new evaluation form before reentry.
Reference: Policy HS300 Confined Space
Please retain this form for the project files on site***
Page 179 of 704
Page 180 of 704
Page 181 of 704
12441 Bartholomew Road, Anacortes, WA 98221
A/D Name:
Project Number: Equipment #: Configuration:
Location: Model #: Date:
OK N/A Crane has been assembled and configured in accordance with the manufacture's criteria
OK N/A Ground conditions offer equipment proper support with little or no ground settling around outriggers
OK N/A Crane is in a level position within tolerances specified by the crane's manufacturer's recommendations
OK N/A Components being assembled have been pre-inspected prior to assembly
OK N/A Capacity Chart available OK N/A Appearance / House Keeping
OK N/A Operators Manual available OK N/A Tools / OPM supplies
OK N/A Fire Extinguisher charged and available OK N/A Ladder / Hand Holds
OK N/A Backup Alarms OK N/A Machinery Guards in place
OK N/A Boom Angle Indicator OK N/A Fuel Filler Location
OK N/A Load Moment Device OK N/A Instrument Check
OK N/A Telescoping Length Indicator OK N/A Glass / Visibility
OK N/A Load Indicator OK N/A Cab in neat orderly manner
OK N/A Controls Operational OK N/A Tires / Wheels (pressure / cuts)
OK N/A Hydraulic Leaks OK N/A Battery
OK N/A Drum rotation Indicator OK N/A Horn
OK N/A Turntable OK N/A Brakes, Clutches
OK N/A Swing Brakes OK N/A Power Boom Hoist
OK N/A Swing Mechanism / Circle OK N/A Boom Hoist Pawl
OK N/A Fluid levels (Hydraulic, oil, water)OK N/A Boom Hoist Kickout
OK N/A Check Valves OK N/A Power load Lowering
OK N/A Air Leaks OK N/A Brake Locks
OK N/A Pressure Settings OK N/A Revolving Frame
OK N/A Travel Mechanism OK N/A Gantry
OK N/A Hook and Block OK N/A Jib sections
OK N/A Headache Ball OK N/A Jib Stops
OK N/A Sheaves OK N/A Jib Pins / Keepers
OK N/A Sheave guards OK N/A Pendants
OK N/A Reeving correct OK N/A Weld Cracks or Corrosion
OK N/A Wedge OK N/A Counter Weight(s)
OK N/A Wire Ropes OK N/A Quick couplers securely fastened
OK N/A Sockets OK N/A Outrigger Pads
OK N/A Cable Clamps OK N/A Boom sections
OK N/A Auxiliary Head OK N/A Boom Stops
Exceptions Noted:
If there are new components added, a new post assembly inspection report must be completed)
Inspection report is required to stay on site for the duration of the job)
General
Machinery / Upper / Chassis (Crawler / Conventional Type Crane in Yellow)
Attachments (Crawler / Conventional Type Crane in Yellow)
Post Assembly Crane Inspection Report
Page 182 of 704
ASSEMBLY / DISASSEMBLY SAFETY MEETING LOG
Date: Job#: Time: ( _)am / ( )pm Crane#:
Topic covered for assembly / disassemble crew instructions:
By signing below, I certify that I have the necessary qualifications to perform the duties that I have been assigned. I also understand my duties and
responsibilities and that the above list is not all encompassing.
A/D Director Signature Crew Member Signature
Crew Member Signature Crew Member Signature
Crew Member Signature Crew Member Signature
Yes N/A Assist Crane / Self Erecting (if applicable):
Locations identified
No critical lifts
LMI configured properly
Minimize radius / movement
Yes N/A Weight OfComponents (if applicable):
Weight is marked orin trailer configuration book
Verify weights prior to lifting components
Yes N/A Center Of Gravity (COG) (if applicable):
Lift loads with hook / boom tipcentered over center of
gravity
Yes N/A Working Under Boom / Jib (if applicable):
Avoid working under boom or jibduring assembly /
disassembly
Safe use of hand tools
Pin removal process (see manufacturer assembly /
disassembly manual)
Ensure stability prior topinremoval
Yes N/A Blocking of Boom / Jib (ifapplicable):
Blocking must be placed to protect structural integrity of
equipment
Blocking must be placed to prevent dangerous movement
and collapse
Ensure blocking is in acceptable condition priorto use
Yes N/A Boom / Jib PickPoints (if applicable):
Ensure proper rigging/ slings are selected
Rigging / slings are in acceptable condition
Rigging / slings are attached to appropriate pick points
Rigging / slings are used properly
Yes N/A Boom Pendants (snagging) (if applicable):
Pendants must not be allowed to catch on boom or jib pins
keepers
Yes N/A Boom Hoist Brake (if applicable):
Test boom hoist brake in accordance with manufacturer
operations manual
Yes N/A Adverse Weather:
Communicate with lift director regarding weather
conditions
Determine effect ofweather on crane and components
Follow crane manufacturer recommendations for responses
to weather
Yes N/A EachCrewMember Tasks / Hazards Associated:
Operator
Oiler (as applicable)
Rigger(s) (as applicable)
Signal Person (as applicable)
Yes N/A Area and Task Hazard Responses:
Personal Protective Equipment (PPE)
Location of first aid kit or station
Location of fire extinguisher
Location of emergency evacuation area
Yes N/A Hazardous Positions / Locations To Avoid:
Pinch points
Counterweight swing radius
Outrigger beams extending / retracting
Attaching components
Attaching rigging
Elevated positions
Avoid elevated positions
Use 3-point contact when climbing up / down
Safe use of ladders
Fall Protection Plan (See Safety Manual)
Yes N/A Crew Positioning:
Remain In view of operator
Notify operator prior to leaving operator view
Yes N/A Site/ Ground Conditions:
Communicate with lift director about underground
hazards
Communicate with lift director about ground conditions
Communicate with lift director about power line hazards
Review power line section of safety manual
Yes N/A Outrigger Mats: (blocking material)
Mats are in acceptable condition
Mats are sized in accordance with lift plan
Yes N/A Loss of Backward Stability:
Follow manufacturer manual for appropriate positioning
of superstructure and components.
Minimize superstructure rotation during assembly /
disassembly
Yes N/A Wind Speed:
Communicate with lift director regarding wind conditions
Determine effect of wind on crane and components
Follow crane manufacturer recommendations for
responses towind
Page 183 of 704
Field Safety Audit Checklist
Share results of audit with Job Foreman. Send original to Safety Director).
Project: Job No.: Date:
Project Manager: Foreman:
Inspection Completed By: __________________________________________________________
Inspection Criteria Yes No NA Comments
A. General
1.Are warning signs posted on fence and tank?
2.First aid supplies readily available?
3.Eye wash equipment readily available??
4.Required posters and signs posted and readable?
5. Are documents in red binder signed by all workers?
6.Are Daily Toolbox talks being held and signed by all?
7.Fall Protection Work Plan filled out and signed by all?
8.Confined Space Entry Permit filled out and signed?
9. Hole watch in place and active as needed?
B. Personal Protective Equipment
1.Hard hats worn by all personnel in work areas?
2.Eye and face protection worn as required?
3.Hearing protection worn as required?
4.Respiratory protection worn as required?
5.Safety harnesses and lanyards worn for fall protection?
6.Proper hand protection worn for task being done?
7.Workers dressed properly for the job?
8.Personal protective equipment in good condition
C. Housekeeping
1.Walkways and stairs kept clear of material and debris?
2.Cords and hoses run to prevent trip and fall hazard?
3.Restrooms and eating areas clean?
4.Fabrication and work areas clean and orderly?
5.Site trailers and connex clean and orderly?
6.Gang boxes clean and orderly?
7.Trash, scrap, and debris picked up and disposed of?
Page 184 of 704
Inspection Criteria Yes No NA Comments
D. Fire Protection
1. Firefighting equipment well marked and accessible?
2.Employees trained to use fire-fighting equipment?
3.Fire extinguishers inspected monthly?
4.Smoking prohibited where flammables are located?
5.Flammables stored and handled in approved containers?
6.Spill protection kit available near fueling station?
7.Temp. Heaters kept 20' away from combustible materials?
E. Material Handling and Storage
1.Materials stored neatly in stacks or piles?
2.Cylindrical materials racked or cribbed and blocked?
3.Loose materials containerized or palletized?
4.Aisle space maintained around stored materials?
5.Storage areas kept clear of scrap, debris, and trash?
6.Slings and chokers in good condition?
7.Chain falls and come-a-longs in good condition?
8.Workers move from under suspended loads?
9.Have all forklift operators been trained?
10.Are forklifts being inspected daily?
11.Are load capacity plates in place and legible?
12.Are seat belts being worn while operating forklifts?
F. Tools
1.Power tools have guards in place?
2.Power tools either grounded or double insulated?
3.Power tool cords and plugs in good condition?
4.ALL Grinders have handles attached while in use?
5.Broken tools tagged, and repaired or replaced as needed?
G. Welding and Cutting
1.Gas cylinders stored upright and secured?
2.Oxygen cylinders segregated from fuel gas cylinders?
3.Torch and hoses pulled out of tank when not in use?
4.Caps secured on all cylinders not in use?
5.Welding leads in good condition?
6.Welding screens erected in high flash areas?
Page 185 of 704
Inspection Criteria Yes No NA Comments
7.Welding blankets used to protect materials/equipment?
8 Fire watches posted as needed?
9.Proper permits issued (as required)?
10.Fire extinguishers kept close to hot work areas?
H. Electrical
1.Ground Fault Circuit Interrupters in use?
2.Extension cords heavy duty, 3-wire type?
3.Temporary lights equipped with bulb guards?
4. Manway protected so it won’t cut cords and welder leads?
5.Sufficient lighting to work and move safely?
6.Lockouts used to de-energize operational systems?
7.Welders and stationary equipment properly grounded?
I. Ladders
1.Straight ladders secured at top landing?
2.Straight ladders extend 36" above top landing?
3.Straight ladders have feet or blocked at bottom?
4.Straight ladders set up with a 4 to 1 slope?
5.Top step of stepladders not used as a step?
6.Climbing the back of stepladders prohibited?
7.Workers use the proper height ladder for the job?
8.Portable ladders used only by company employees?
J. Scaffolds and Manlifts
1.Are scaffolds inspected and tagged prior to use?
2.All scaffold hardware and parts in good condition?
3.Scaffolds fully planked?
4.Overhead protection above all entryways to tank?
5.Scaffolds have tight guardrails and midrails?
6.Inside edge of planks within 12 inches of tank wall?
7.Wheels on rolling scaffolds locked during scaffold use?
8.Are all manlifts inspected daily?
9.Only trained employees allowed to operate manlifts?
10.100% tie off required when exiting raised manlifts?
11.Workers only allowed to work from floor of basket?
12.Workers required to tie-off whenever inside basket??
Page 186 of 704
Inspection Criteria Yes No NA Comments
K. Cranes
1.Are cranes restricted from operating within 20 feet of any
electrical power line?
2.Has the operator filled out his daily crane inspection form?
3.Are accessible areas within the swing radius barricaded?
4.Are tag lines being used to prevent spin and swing?
5.Does the fire extinguisher on the crane have a current
inspection tag?
6.Does the Rigger/Signalman have a current Rigger’s card?
7.Are all outriggers fully extended, and equipped with pads?
8. Are crane hand signals posted at job site?
9. Assembly/Disassembly forms filled out and signed as
needed for use of jib?
10. Crane workbasket form filled out and meeting held as
needed?
L. Excavation and Trenching
1. Excavations 4’ or deeper shored, sloped, or boxed?
2.Workers stay within shored area?
3.Excavated spoil stored at safe distance from work?
4.Barricades placed on all open sides at end of shift?
5.Lateral travel no more than 25’ for entry and egress?
6.Ladders secured and extended 3 feet above the trench?
7.Excavations de-watered as needed?
8. Backfill placed as soon as possible?
9. Daily Excavation forms being completed and signed by
Competent Person?
M. Employee Communications
1.Do foremen communicate with their crews on job methods?
2.Do foremen react to employee safety recommendations?
3.Do foremen address unsafe actions and conditions?
4.Are safety meetings held daily with all employees?
Comments:
ATTACH ADDITIONAL COMMENTS TO BACK OF FORM
Page 187 of 704
EXCAVATION INSPECTION
THIS INSPECTION IS TO BE COMPLETED BY THE COMPETENT PERSON EACH DAY THAT
EMPLOYEES WILL BE ENTERING AN EXCAVATION.
Project Name:
Date: _________________ Time: _____________________
Competent Person: ____________________________________________________
Soil Classification (see Soil Classification Worksheet):
Excavation Depth:______________________ Excavation Width:______________________________
Type of Protective System Used: ______________________________________________________
YES NO N/A
1. GENERAL:
Surface encumbrances removed or supported
Employees protected from loose rock or soil that could pose a hazard by falling or rolling into the
excavation.
Hard hats, steel-toed boots, and safety glasses worn by all employees.
Spoils, materials, and equipment set back at least 2 feet from the edge of the excavation.
Walkways over excavations 6 feet or more above lower levels are equipped with standard
guardrails.
Warning vest or other highly visible clothing provided and worn by all employees exposed to
public vehicular traffic.
Employees required to stand away from vehicles being loaded or unloaded.
Warning system established and utilized when mobile equipment is operating near excavation
edge.
Employees prohibited from going under suspended loads.
2. UTILITIES:
Utility companies contacted and/or utility locations delineated.
Underground installations protected, supported, or removed while excavation is open.
3. MEANS OF ACCESS AND EGRESS:
Lateral travel to means of egress no greater than 25 feet in trench excavations 4 feet or more in
depth.
Ladders used in excavations secured and extended 3 feet above the edge of the trench.
Structural ramps used by employees designed by a competent person.
Structural ramps used for equipment designed by a registered professional engineer.
Page 1 of 2
Page 188 of 704
Page 2 of 2
EXCAVATION INSPECTION (continued)
YES NO N/A
4. WET CONDITIONS:
Precautions taken to protect from the accumulation of water.
Water removal equipment monitored by a competent person.
Surface water or runoff diverted or controlled to prevent accumulation in the excavation.
Inspections made after every rainstorm or other hazard-increasing occurrence.
5. HAZARDOUS ATMOSPHERE:
Atmosphere within the excavation tested where there is a reasonable possibility of an oxygen
deficient, combustible, or otherwise hazardous atmosphere.
Adequate precautions taken to protect employee from exposure to a hazardous atmosphere.
Testing conducted to ensure that the atmosphere remains safe.
Emergency equipment, such as breathing apparatus, safety harness and line, and basket stretcher
readily available where hazardous atmosphere does exist.
6. SUPPORT SYSTEMS:
Materials and/or equipment for support systems selected based on soil analysis, trench depth, and
expected loads.
Materials and equipment used for protective systems inspected and in good condition.
Damaged materials and equipment used for protective systems inspected by a Registered
Professional Engineer after repairs and before being placed back into service.
Protective systems installed without exposing employees to the hazards of cave-ins, collapses, or
from being struck by materials or equipment.
Members of support systems securely fastened to prevent failure.
Support systems provided to insure stability of adjacent structures, buildings, roadways,
sidewalks, walls, etc.
Excavations below the level of the base or footings approved by a registered professional
engineer.
Removal of support systems progresses from the bottom, and members are released slowly as to
note any indication of possible failure.
Excavation of material to a level of greater than 2 feet below the bottom of the support system
and only if the system is designed to support the loads calculated for the full depth.
Shield system placed to prevent lateral movement.
Employees are prohibited from remaining in shield system during vertical movement.
7. REMARKS:
Page 189 of 704
SOILS CLASSIFICATION WORKSHEET
The following worksheet outlines the visual and manual tests that the competent person must perform at least
once, and each time soil conditions change. At least one visual and one manual test must be performed;
however, performing several tests is recommended so that the condition of the excavation is thoroughly
examined.
Project Name: Project Number:
Date: Time:
Where was the sample taken from? ------------------------------------
VISUAL TESTS: One or more visual tests are required for each classification and each time conditions change.
Estimate range of particle sizes: a. primarily fine-grained = cohesive material
b. primarily coarse-grained = granular material
Observe excavated soil: a.clumps = cohesive material
b. breaks up easily = granular material
Observe sides and adjacent surface area of
opened excavation:
a. crack like openings = fissured material
b. soil spalls off vertical sides = possible fissured material
Previous excavation activities: a. previously disturbed soil b. not previously disturbed soil
Observe opened side of excavation:
a. layered systems
c. estimate degree of slope of
layers:
b. layers sloped towards
excavation
Water condition: a. evidence of surface water
c. depth of water table :
b. water seeping from sides
Vibration present: a. area adjacent to excavation b. area within excavation
MANUAL TESTS- One or more manual tests are required for classification and each time soil conditions change.
Plastically- soil is cohesive if
following is true:
a. mold soil samples into a small ball
b. roll ball into thread c” diameter
c. pick up 2" length of c” thread by one end without breaking
Dry Soil Strength:
a. crumbles on its own or with moderate pressure = granular
b. falls into clumps which break into smaller clumps that are only broken with
difficulty = clay with gravel, sand, or silt.
c. breaks into clumps which do not break into smaller clumps and can only be
broken with difficulty with no visual indication of fissures = unfissured.
Thumb penetration test: (These
tests are to be run on a large clump
of material as soon as it is
excavated.)
a. can be easily indented by the thumb but penetrated by thumb only with great
effort =Type A
b. easily penetrated several inches by thumb and molded by light finger pressure =
Type C
Unconfined Compressive Strength:
Saturated Soil Needed)
a. Pocket Penetrometer reading (take 10 readings and average) 0 - 0.5 = Type C,
0.5 - 1.5 =
Type B, 1.5 - 2.0 = Type A
b. Shear Vane reading X2: 0 - 0.5 = Type C, 0.5 - 1.5 = Type B,1.5 - 2.0 = Type A
Drying Test:
A dry soil sample 1" thick X 6'
diameter is needed)
a. develops cracks = fissured material
b. dries without cracks and breaks by hand with considerable force significant
cohesive content = unfissured cohesive material.
c. sample breaks easily by hand = fissured cohesive or granular material
d. easily pulverize dry clumps by hand or by stepping on them = granular
e. don’t pulverize easily = fissured cohesive.
SOIL CLASSIFICATION: Type A Type B Type C Stable Rock Other
COMPETENT PERSON:
Print Name SignaturePage190of704
Page 191 of 704
EMERGENCY CONTACT INFORMATION
Emergency Contacts Phone Number Hospital Directions
Fire/Rescue 911
Police 911
Ambulance 911 See attached route maps for directions to the Hospital
and Urgent Care
Urgent Care:
Project Personnel Phone Number
Project Manager,
Work
Cell Phone
FAX
Safety Director
Work
Cell Phone
Project Site Supervisor:
T Bailey, Inc.
INCIDENT REPORTING SYSTEM
In the event of an incident or injury
the Incident Reporting System must be
activated.
Refer to the Incident Reporting System
Checklist for detailed TBI Corporation
contact information.
Emergency Services Reporting
Information.
Main Office
Fax
MAP TO HOSPITAL & URGENT CARE PROVIDED ON THE FOLLOWING PAGES
Refer to the Incident Reporting System Checklist for detailed Reporting Instructions
Client Contact:
360) 293-3893
Page 192 of 704
HOSPITAL ROUTE MAP
Hospital
Page 193 of 704
Hospital Directions
Page 194 of 704
URGENT CARE
Non-Life-Threatening Injuries)
Page 195 of 704
Urgent Care Directions
Page 196 of 704
Eye Care
Page 197 of 704
Eye Care Directions
Page 198 of 704
9628 S March's Point Rd
Anacortes, WA 98221
360) 293-0682
Emergency Contingency Plan for Chemical Spills
Project No: Project:
Project Manager:
Date Last Revised:
FOR CHEMICAL SPILLS: (see ref. HASP Para. 19.2)
1.Remain calm.
2.Note what material / liquid spilled and the amount that spilled.
3.Notify all personnel in the area of the spill.
4.If necessary, evacuate the area and meet at:
5.If assistance is required, contact State EPA (see EPA spill contact) & Project Coordinator (PC). If
unable to contact EPA or PC, contact T Bailey Safety. Safety will then notify appropriate response
personnel.
EMERGENCY CONTACTS FOR THE PROJECT SITE:
Contractor Health and Safety
Police & Fire 911
Site Supervisor
EMERGENCY CONTACTS FOR THE PROJECT:
Name Company Address Office Phone Home/Cell Phone
T Bailey, Inc. 9628 S march's Point Rd
Anacortes, WA 98221
T Bailey, Inc. 9628 S March's Point
Rd Anacortes, WA
98221
EMERGENCY EQUIPMENT AND LOCATIONS FOR THE AREA:
Safety Data Sheets: In Site HASP
Safety Shower: N/A
Eyewash Station: Bottled Water Site- Conex / Office Trailer
Fire Extinguisher: Class: ABC Location: Site- Conex, fueling tank, Genset
Chemical Spill Kit: Type: Sorbent- pads & booms, plastic
bags & drum Location: Site- Conex
Page 199 of 704
Updated 7/20/2020
Incident Reporting System Checklist
All work locations
IF AN EMPLOYEE IS HURT ON THE JOB:
Injury Notification:
Employee Immediately notify your supervisor.
If physically able, fill out Incident Report form. If unable, fill out once able to do so
Supervisor Immediately notify your Safety Manager Chad Kean (206) 790-0911
If the incident is a fatality or injured worker is hospitalized the supervisor must complete the
following AFTER notifying T Bailey Safety Manager.
All work stops within and around the incident area, secure/cordon off the area. No work
can continue until released by the L&I investigator.
Continue to call until you have spoken with the Safety Manager!
If medical treatment is necessary, beyond first aid, determine appropriate doctor’s office, walk-in clinic, or
emergency room to send the employee. When possible (First Aid), we want to send employee to an
Occupational Clinic. Refer to the on-site Health and Safety Plan (HASP), for the closest available medical
facility/Occupational Clinic. For a life threatening emergency call 911. Stay on the phone until released by
the emergency operator.
Contact the Safety Office at (360) 6 30 - 5837 Cell phone (206) 790-0911. Be prepared to provide the
name of the injured employee, name and phone number of the treating medical facility, as well as a brief
description of the incident.
AFTER EMPLOYEE HAS BEEN PROVIDED MEDICAL TREATMENT AND PRIOR
TO LEAVING THE MEDICAL FACILITY THE EMPLOYEE MUST:
Obtain a copy of all completed medical and workers comp forms. Return the completed forms to the
Safety office within 24 hours. Fax (360) 293-3893, email ckean@tbailey.com, or through text (206)
790-0911
The injured employee should contact T Bailey Safety Office to ensure work restrictions are clarified and are
consistent with medical recommendations.
AFTER EMPLOYEE HAS BEEN PROVIDED MEDICAL TREATMENT
SUPERVISORS/PROJECT MANAGERS MUST:
Complete the INCIDENT REPORT AND PRELIMINARY INVESTIGATION FORM Fax the completed
form to Chad Kean at (360) 293-3893, email ckean@tbailey.com or text (206) 790-0911 within one business
day.
Contact T Bailey Safety office at (360) 630-5837 or by cell phone at (206) 790-0911 to ensure that planned
light duty work activities are consistent with medical recommendations.
Page 200 of 704
Procedure for Emergencies:
1. Call 9-1-1
Site Address
2. Stay with injured employee DO NOT CALL EMERGENCY CONTACTS
3. Call the Safety Manager –
Chad Kean 206-790-0911
4. Call Human Resources – have emergency ID card available
Leon Wroblewski- 360-630-5869
or
253-740-6179
HR will contact emergency contacts
Page 201 of 704
Employee Medical Aid Checklist
Employee Name:Date/Time of Injury: Date RTW:
Supervisor’s Employee Injury Report started
On site First Aid / Supervisor’s Employee Injury Report completed
and turned in to the Safety Office. Date To (If First Aid only, Skip to
signature and date)
Medical treatment is necessary, beyond first aid
Refer to the medical aid maps for the appropriate medical facility
Release of Medical Information, Return to Work/Restrictions and Drug Test Chain of Custody Forms
Transport the injured worker to medical aid by company; Name of employee transporting IW:
Transported via ambulance Note: If worker is hospitalized DO NOT clean up mishap scene and discontinue
work in the area. Contact Safety immediately! 360-293-0682 ext 251, cell 206-790-0911 {See Note below}
Treat and release from ER is not hospitalization.)
Contact the Safety Office (leave message if no answer) {If Fatality or Hospitalization continue calling until
you speak with a person.}
Drug Test Chain of Custody Employer copy returned to Personnel Office Date To
Return to work and work restrictions received by supervisor
Completed “Supervisor’s Employee Injury Report” turned into Safety Office Date To
Light Duty “Return to Work /Restrictions form” turned into Safety Office Date:To
Full Duty “Return to Work form” turned into Safety Office Date:To
Supervisor completing checklist: /
Print Name Signature
Date:
Note: WAC 296-800-32010
Make sure that any equipment involved in an accident is not moved
You must:
Not move equipment involved in a work or work related accident or incident if any of the following
results:
A death
A probable death
An employee's hospitalization.
Not move the equipment until a representative of the Department of Labor and Industries
investigates the incident and releases the equipment unless:
Moving the equipment is necessary to:
Remove any victims.
Prevent further incidents and injuries.
Report to L&I must be within 8 hours
Call T Bailey Safety (206) 790-0911 !
Page 202 of 704
Property Damage Near Miss Medical Treatment Recordable
Employee Sent Home
Hospital
Actual Completion
Date
Accountable
Person
Department Date
Incident Report and
Preliminary Investigation
Position
First Aid
Corrective Action Required to Prevent
Recurrence
Expected Completion
Date
Return To Work Modified Duty
Outcome
Sent to Medical Clinic Family Doctor
Names of Witnesses:
Immediate Cause of the Incident
Basic (Root) Cause(s)
Summary of Events
Distribution
Date and Time ofIncidentDepartment/LocationEmployee's Name (PLEASE PRINT NAME )
Date and Time of InvestigationOccupation/Years of experience/Years at job Supervisor's Name
Investigation Team
Name
Key Learnings
Gene Tanaka, CEO/FOUNDER Justin Rawls, VP Safety Committee CO Wide Safety Topic
Page 203 of 704
VEHICLE COLLISION REPORT Page 1 of 2
OTHER VEHICLE DRIVER________________________________________ DRIVERS LICENSE
NO. ___________________ STATE _______ ADDRESS__________________________________________ CITY_____________________
STATE _____ ZIP _______ PHONE NO. ________________ S.
S. NO. ______________________ OWNER'S NAME ( CHECK IF SAME
AS DRIVER) _________________________________________________________________ ADDRESS ___________________________________________ CITY ____________________
STATE _____ ZIP _______ INSURANCE COMPANY ________________________________________
POLICY NO. ___________________________________ AGENT'S NAME _______________________________________________
PHONE NO. ______________________ADDRESS __________________________________________ CITY ____________________
STATE _____ ZIP ________ VEHICLE YEAR _______ MAKE ___________ MODEL _____________ PLATE
NO. _______________ STATE ___________ VEHICLE I.
N. NO. ______________________________________________________________________________________________
VEHICLE DAMAGE _____________________________________________________________________________________________ PASSENGERS: NO YES INJURIES: NO YES (If Yes, list names and telephone
numbers below) COMPANY VEHICLE DRIVER ______________________________________
DRIVERS LICENSE NO. _________________________ STATE _______
ADDRESS _________________________________________ CITY ___________________________ STATE _____ ZIP _________ WORK PHONE NO. ______________ S.S.
NO. _______________ PROJECT NAME/NO ___________________/____________ VEHICLE NO ____________ YEAR _______ MAKE _____________
MODEL ____________ LICENSE PLATE NO. _____________ STATE ______ VEHICLE OWNER: COMPANY
LEASED/RENTED PRIVATE VEHICLE VEHICLE TYPE: COMMERCIAL
MOTOR VEHICLE NON-COMMERCIAL IF NOT COMPANY-
OWNED: OWNER ______________________________________________ PHONE NO__________________
ADDRESS _________________________________________ CITY ___________________________
STATE _____ ZIP_______ VEHICLE DAMAGE___________________________________________________________________________________________ NO. OF VEHICLES TOWED FROM SCENE ________ NUMBER OF
INJURIES __________ NUMBER OF FATALITIES _______ WERE HAZARDOUS MATERIALS RELEASED? NO YES
IF YES DESCRIBE MATERIALS ___________________________ COLLISION DESCRIPTION This report is to be initiated by the employee involved in the collision or his/her
direct supervisor. Please answer all questions completely. This report must be forwarded to the Safety Office
within 24 HOURS of the collision. COLLISION DATE _____________________________
TIME _________________________ A.M. or P.
M. LOCATION OF
COLLISION (CITY, STATE) _________________________________________________________________________
DESCRIPTION OF COLLISION __________________________________________________________________________________ WITNESS __________________________________________
PHONE NO .________________________________________ ADDRESS __________________________________________ CITY ____________________________STATE _____
ZIP________ POLICE OFFICER'S
VEHICLE COLLISION REPORT Page 2 of 2
Draw and name roadways showing
each vehicle. direction of travel,
and point of impact. Indicate travel
before the COLLISION with a solid
line, and post-collision movement
with a broken line.
SYMBOLS: Your Vehicle
Other Vehicle(s)
Pedestrian
Stop Sign
Yield
Railroad
ADDITIONAL
INFORMATION
All vehicle collisions involving third party individuals or property, must be reported to
Bush, Cotton & Scott by calling 1-425-489-4500 within 24 hours of the collision.
EMPLOYEE ______________________ _________________________________ ____________
Print) (Signature) (Date)
SUPERVISOR _________________________ _________________________________ _________
Print) (Signature) (Date)
SAFETY DIRECTOR _________________________ ____________________________ _________
Print) (Signature) (Date)
REPORT MUST BE CALLED IN OR FAXED TO: T BAILEY SAFETY OFFICE (PHONE: 360-293-0682 EXT 251, FAX: 360-293-3893) WITHIN 24 HOURS,
OR NOT LATER THAN NEXT BUSINESS DAY
WEATHER: Clear Cloudy Fog Rain Sleet Snow Other ________________________
PAVEMENT: Asphalt Steel Concrete Wood Gravel/Dirt
Brick/Stone Other _________________________________________________________________________________
CONDITION: Dry Wet Icy Pot Holes Other ___________________________________________
TRAFFIC CONTROL: Traffic Light Stop Sign Railroad No Intersection No Control
ROADWAY: Number of Lanes Each Direction: _____________ Residential Divided Highway Undivided Highway
Page 205 of 704
GENERAL LIABILITY, PROPERTY DAMAGE, AND LOSS REPORT
REPORT MUST BE CALLED IN OR FAXED TO:
CORPORATE SAFETY DIRECTOR(PHONE: 360-293-0682 EXT 251, FAX: 360-293-3893)
WITHIN 24 HOURS, OR NOT LATER THAN NEXT BUSINESS DAY
This report is to be completed for all losses or damage to company property in excess of $1,000.00 and all third party damage, regardless of
value, resulting from company activities.
PROJECT/LOCATION ______________________________________________ PROJECT NO. __________ DATE __________________
ADDRESS ________________________________________________________________________________________________________
HOW DID DAMAGE OR LOSS OCCUR: __________________________________________________________________________________
DESCRIPTION AND VALUE ($) OF DAMAGED/LOST/STOLEN PROPERTY: _____________________________________________________
LOCATION OF DAMAGED/LOST/STOLEN PROPERTY (Before Loss): __________________________________________________________
DATE AND TIME OF DAMAGE, LOSS, OR THEFT: Date: ____________________ Time: ______________ a.m. / p.m.
OWNER OF DAMAGED/LOST/STOLEN PROPERTY:
Name ______________________________________________________________ Phone No. (____ )__________________________
Address ____________________________________________________________________ City _______________________________
Employer and Address ______________________________________________________________________________________________
INJURED PARTIES (Also complete a Supervisor's Employee Injury Report if a Company Employee):
Name _________________________________________________________________ Phone No. (____ )__________________________
Address _____________________________________________________________________ City _______________________________
Employer and Address ______________________________________________________________________________________________
Description of Injury _______________________________________________________________________________________________
WITNESSES:
1.Name _____________________________________________________________ Phone No. (____ )__________________________
Address ______________________________________________________________________ City _____________________________
Employer and Address ______________________________________________________________________________________________
2.Name _____________________________________________________________ Phone No. (____ )__________________________
Address ______________________________________________________________________ City ______________________________
Employer and Address ______________________________________________________________________________________________
WERE PICTURES TAKEN? YES NO
WERE POLICE NOTIFIED? YES NO DEPT. ____________________________ REPORT NO. ______________________
COMPLETED BY: _________________________________ _____________________________________________ _________________
Print) (Signature) (Date)
PROJECT/LOCATION MANAGER: _______________________________ ____________________________________ _______________
Print) (Signature) (Date)
Page 206 of 704
MEDICAL FORMS
AUTHORIZATION FOR RELEASE OF MEDICAL INFORMATION
grant authorization to
Print Full Name) (Treating Physician’s Name)
for the release of any information concerning my occupational injury/illness to:
For the purpose of disability follow-up and return to work authorization.
Please provide the following information:
EMPLOYEE INFORMATION:
Full Name:
Comp Claim #
Date of Birth:
Social Security #:
Home Address:
Work Phone:
MEDICAL INFORMATION:
Treating Physician’s Name:
Physician’s Address:
Phone Number:
Fax Number:
Employee Signature: Date: ____ / ____ / ____
These standard policies and procedures are applicable to T Bailey, Inc.
Washington State Claims
T Bailey, Inc.
9628 S March's Point Rd.
Anacortes, WA 98221
Phone:(360) 293-0682
x251 Fax (360) 293-3893
Page 207 of 704
MEDICAL FORMS
RETURN-TO-WORK EXAMINATION FORM
Worker’s Compensation Claim #
Exam Date: / / Employee Name:
Birth Date: / / Social Security #: - -
Job Title: Sex: Male Female
Examining Provider: Please complete this form and fax to T Bailey. Inc. (360) 293-3893
Please contact T Bailey at (360)-293-0682 x251 to report status of employee post-treatment.
DIAGNOSIS:
TREATMENT PLAN:
MEDICATIONS:
PHYSICAL THERAPY:
OTHER:
May return to full duty work effective ___ / ___ / ___
May return to limited duty from ___ / ___ / ___ to ___ / ___ / ___
Unable to return to work from ___ / ___ / ___ to ___ / ___ / ___
WORK LIMITATIONS:
Restricted lifting/pushing/pulling: maximum weight in lbs: ______ (company limits all lifting 60 lbs).
Work only with right/left hand. Restricted repetitive motion right/left hand.
Sitting job only. Restricted operation of moving equipment.
Other:
FOLLOW-UP PLAN:
Release from care.
Schedule for follow-up appointment on ___ / ___ / ___
Time _________ AM/PM
Referral to ______________________
Appointment date ___ / ___ / ___ Time _________ AM/PM
Comments:
Examiner’s Name (print) Examiner’s Signature Date
These standard policies and procedures are applicable to T Bailey, Inc.
Washington State Claims
Page 208 of 704
Page 209 of 704
EXHIBIT G
PERMITTING STRATEGY PLAN
GMP/Lump Sum AMENDMENT
City of Pasco
Zone 3 Reservoir Storage Tank
The parties agree to the attached Permitting Strategy Plan
The City of Pasco is responsible for all permitting. At time of this contract amendment both the
Special Use Permit and the Building Permit have been applied for and approved.
Page 210 of 704
EXHIBIT H
QA/QC PLANS
GMP/Lump Sum AMENDMENT
City of Pasco
Zone 3 Reservoir Storage Tank
The Design-Builder shall comply with the attached QA/QC plan.
Refer to Project Plans/Specifications for details on QA/QC plan.
Page 211 of 704
EXHIBIT I
CONTRACT CLOSEOUT PLAN
GMP/Lump Sum AMENDMENT
City of Pasco
Zone 3 Reservoir Storage Tank
The Design-Builder shall achieve the following milestones to close out the Project. Design-
Builder must provide the minimum amount of notice required below to Owner for each test and
1. The parties agree to the following definition of Ready for Water Milestone Completion:
The Reservoir Tank a) is available for storage of potable water with a connection to
Zone 3 of the City of Pasco water distribution system; b) the interior of the tank and
inlet/outlet piping is sufficiently complete in accordance with the Contract Documents so
that Owner can use the interior of the tank and the conveyance piping for their intended
purposes without compromising the basic operation of the increased storage capacity or
the Owner’s ability to reasonably use critical parts of the Project associated with basic
storage and distribution; and c) has passed the following Project Requirements:
Name of test Responsible
Party
Description of Passing
Test
Minimum
amount of
notice
required to
Owner
Documentation
Required
Health Sample
Tank and Piping
Contractor Satisfactory to BFHD 48 Hours Written Report
Leak Test Contractor No Detectable Loss 48 Hours Written Report
Soak Test Contractor IOC’s VOC’s and SOC’s
below MCL’s
48 Hours Written Report
Piping Pressure
Test
Contractor Hold 150 PSI for 1 hour
with no detectable loss
48 Hour Written Report
2. The parties agree to the following definition of Substantial Completion. The Reservoir
Tank a) is fully functional; b) is sufficiently complete in accordance with the Contract
Documents so that Owner can occupy and use the Project for its intended purposes
without compromising its operation (including materially increasing operating expenses)
or the Owner’s ability to reasonably use all parts of the Project; and c) has passed the
following Project Requirements:
Page 212 of 704
Name of test Responsible
Party
Description of Passing
Test
Minimum
amount of
notice
required to
Owner
Documentation
Required
Start-up Contractor Confirmation that all
electrical/mechanical
features operate as
intended
48 Hours Written Report
3. In addition to the definition of Final Completion in Section 1.2.13 of the General
Conditions, Design-Builder must achieve the following Project Requirements to achieve Final
Completion:
Name of
Benchmark
Responsible
Party
Description of Passing
Test
Minimum
amount of
notice
required to
Owner
Documentation
Required
Final Walk
Through
Contractor All Punch-List items
addressed
48 Hours Written Report
O&M Manuals Contractor O&M Manuals complying
with Project requirements
are delivered to City
N/A Written Report
As-Built/Record
Drawings
Contractor Provide As-Built/Record
Drawings in accordance
with project specifications
N/A Written Report
Page 213 of 704
EXHIBIT J
DIFFERING SITE CONDITIONS REPORT
GMP/Lump Sum AMENDMENT
City of Pasco
Zone 3 Reservoir Storage Tank
1. The Contract Price is based on the Site Conditions contained in the following
documents:
List Geotech and other reports that form the basis of the Contract Price:
Name of Document Date
Engineering Geology Evaluation June 10, 2022
2. The Design-Builder has discovered the following Differing Site Conditions during Phase
1 of the Project and has taken such Differing Site Conditions into account in the Contract Price.
The Design-Builder has not found any differing site conditions.
Page 214 of 704
AGENDA REPORT
FOR: City Council November 22, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolutions Nos. 4281 and 4282 - Bid Award East UGA Expansion Sewer
Local Improvement District No. 152 Phases 1 and 2
I. REFERENCE(S):
Resolution for Phase 1 bid award
Resolution for Phase 2 bid award
Phase 1 and Phase 2 Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:I move to approve Resolution No. 4281, Awarding Bid No. 21295-A for
the East Urban Growth area (UGA) Expansion Sewer Local Improvement District
LID) (LID 152) Phase 1 project to Tapani, INC. of Battle Ground, Washington,
and further, authorize the City Manager to execute the contract documents and
allowing all necessary budget adjustments.
MOTION:I move to approve Resolution No. 4282, Awarding Bid No. 21295-B for
the East Urban Growth area (UGA) Expansion Sewer Local Improvement District
LID) (LID 152) Phase 2 project to Tapani, INC. of Battle Ground, Washington,
and further, authorize the City Manager to execute the contract documents and
allowing all necessary budget adjustments.
III. FISCAL IMPACT:
Phase 1:
Engineer’s Estimate: $1,771,188.00
Contract Total: $2,058,755.17
Phase 2:
Engineer’s Estimate: $2,448,697.00
Contract Total: $998,953.00
Page 215 of 704
Funding for this project is provided for by the formation of Local Improvement
District (LID) No. 152, improvements will be funded by the property owners
within the LID boundary and benefitted by the improvements.
2021-2022 Adopted Biennial Budget allocated to this project: $5M
2023-2024 Proposed Biennial Budget allocated to this project: $17.4M
IV. HISTORY AND FACTS BRIEF:
On May 23, 2022, Council Approved Ordinance No. 4592, which formed LID No.
152 ordering the sanitary sewer and lift station improvements to be constructed
within the Urban Growth Area Expansion (UGA) East of Road 68.
To allow for the project to move forward expeditiously into construction, the
scope of work was broken into four phases, each of them grouped into a set of
bid documents and treated as an individual construction contract.
Phase 1 includes six bore crossings with casings to be installed. Three of
them are underneath the BNSF railroad, two underneath N. Glade Road,
and one underneath N. Railroad Avenue.
Phase 2 includes installing gravity sewer from the BNSF railroad along
Clark road to Glade Road, then south along N. Glade Road to the future
lift station ( at the intersection of N. Glade road and Burns Rd. extended)
Phase 3 (future phase) includes a Lift station at the corner of N. Glade
Road and Burns Road extended, as well as a set of force mains for the
connection of the proposed system to the existing gravity collection
system along Foster Wells Road and Capital Avenue, and Foster Wells
Road and Industrial Way. Design is underway, withan anticipated bid
advertisement in December 2022.
Phase 4 (future phase) accounts for the remainder of the gravity sewer
trunk mains serving the properties to the west of the lift station (west of N.
Glade Road). Design is underway, with an anticipated bid advertisement
in January 2023.
V. DISCUSSION:
Phases 1 & 2 of this East UGA Expansion Sewer LID project were advertised for
bids on November 4, 2022, and November 11, 2022 respectively. Each phase
was developed for bid as a separate packet. Pre-bid walkthroughs were held on
November 15, 2022. On November 22, 2022, a public bid opening was held for
Page 216 of 704
Phase 1 project at 11:00 AM, while the Phase 2 public bid opening took place at
2:00 PM that same day.
Phase 1 Bid Award Recommendation
A total of three (3) bids were received. The lowest responsible, responsive bidder
is Tapani, Inc. of Battle Ground, WA in the amount of $2,058,755.17. The
Engineer's Estimate is $1,771,188.
Bid Tabulation
Tapani, Inc. $2,058,755.17
DW Excavating, Inc. $2,182,468.82
LaRiviere, Inc. $2,613,898.03
The Engineer of Record, RH2, and City staff completed the review of the bid
submittal, including supplemental responsibility criteria, to ensure no exemptions
or irregularities are found.
Staff recommends award of the contract for East UGA Expansion Sewer LID No.
152 – Phase 1 to Tapani, Inc. of Battle Ground, WA.
Phase 2 Bid Award Recommendation
A total of ten (10) bids were received. The lowest responsible, responsive bidder
is Tapani, Inc. of Battle Ground, WA in the amount of $998,953.00. The
Engineer's Estimate is $2,448,697.
Bid Tabulation
Tapani, Inc. $ 998,953.00
LaRiviere, Inc. $1,442,696.29
DW Excavating, Inc. $1,474,100.54
Total Site Services $1,523,541.48
Premier Excavation $1,555,137.91
Culbert Construction $1,646,194.05
C&E Trenching, LLC. $1,679,996.55
Apollo, Inc. $1,748,386.24
Rotschy, Inc. $1,891,075.64
Halme Construction, Inc. $2,227,371.70
The Engineer of Record, RH2, and City staff completed review of the bid
submittal to ensure no exemptions or irregularities are found.
Staff recommends award of the contract for East UGA Expansion Sewer LID No.
152 – Phase 2 to Tapani, Inc. of Battle Ground, WA.
Page 217 of 704
This item was discussed at Council Workshop on November 28, 2022.
Page 218 of 704
Resolution – Bid Award for the WPWTP Improvements, Phase 1 Project - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, AWARDING BID NO. 21295-A FOR THE EAST URBAN
GROWTH AREA EXPANSION SEWER LOCAL IMPROVEMENT DISTRICT
NO. 152 PHASE 1 PROJECT TO TAPANI, INC. OF BATTLE GROUND,
WASHINGTON, AND FURTHER, AUTHORIZE THE CITY MANAGER TO
EXECUTE THE CONTRACT DOCUMENTS AND ALLOWING ALL
NECESSARY BUDGET ADJUSTMENTS.
WHEREAS, the City of Pasco identified the East Urban Growth Area (UGA) Expansion
Sewer Local Improvement District (LID) No. 152 Phase 1 Project in the approved Capital
Improvement Plan; and
WHEREAS, this project involves six bore trench crossings and casings to be installed:
three underneath Burlington Northern Santa Fe (BNSF) railroad, two underneath N Glade Road,
and one underneath N Railroad Ave; and
WHEREAS, the City solicited sealed public bids for this project, identified as East UGA
Expansion Sewer LID No. 152 Phase 1 Project; and
WHEREAS, on November 22, 2022, at 11:00 a.m., three (3) bids were received and
opened by the City; and
WHEREAS, the lowest responsive bidder was Tapani, Inc. with a bid of $2,058,755.17,
the Engineer’s Estimate was $1,771,188; and
WHEREAS, the bid documentation was reviewed and the bidder was determined to be
responsible and responsive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City hereby awards the East UGA Expansion Sewer LID No. 152 Phase 1
Project to Tapani, Inc. of Battle Ground, Washington in the amount of $2,058,755.17, including
Washington State Sales Tax; and
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
Page 219 of 704
Resolution – Bid Award for the WPWTP Improvements, Phase 1 Project - 2
PASSED by the City Council of the City of Pasco, Washington this ___ day of December,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 220 of 704
Resolution – Bid Award for the WPWTP Improvements, Phase 2 Project - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, AWARDING BID NO. 21295-B FOR THE EAST URBAN
GROWTH AREA EXPANSION SEWER LOCAL IMPROVEMENT DISTRICT
NO. 152 PHASE 2 PROJECT TO TAPANI, INC. OF BATTLE GROUND,
WASHINGTON, AND FURTHER, AUTHORIZE THE INTERIM CITY
MANAGER TO EXECUTE THE CONTRACT DOCUMENTS AND
ALLOWING ALL NECESSARY BUDGET ADJUSTMENTS.
WHEREAS, the City of Pasco identified the East Urban Growth Area (UGA) Expansion
Sewer Local Improvement District (LID) No. 152 Phase 2 Project in the approved Capital
Improvement Plan; and
WHEREAS, this project involves routing gravity sewer from the North end of the UGA
east to N. Glade Road then running South along N. Glade Road to the future lift station; and
WHEREAS, the City solicited sealed public bids for this project, identified as East UGA
Expansion Sewer LID No. 152 Phase 2 Project; and
WHEREAS, on November 22, 2022, at 2:00 p.m., ten (10) bids were received and
opened by the City; and
WHEREAS, the lowest responsive bidder was Tapani, Inc. with a bid of $998,953.00 the
Engineer’s Estimate was $2,448,697; and
WHEREAS, the bid documentation was reviewed and the bidder was determined to be
responsible and responsive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City hereby awards the East UGA Expansion Sewer LID No. 152 Phase 2 Project
to Tapani, Inc. of Battle Ground, Washington in the amount of $998,953.00, including Washington
State Sales Tax; and
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
Page 221 of 704
Resolution – Bid Award for the WPWTP Improvements, Phase 2 Project - 2
PASSED by the City Council of the City of Pasco, Washington this ___ day of December,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 222 of 704
EAST UGA EXPANSION SEWER LID (LID 152)
PHASE 1
PHASE 2
Page 223 of 704
AGENDA REPORT
FOR: City Council November 21, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution No. 4283 - Second Work Acceleration Agreement for the
Process Water Reuse Facility Pretreatment Improvements
I. REFERENCE(S):
Resolution
Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTON: I move to approve Resolution No. 4283, authorizing the Interim City
Manager to execute a second Work Acceleration Agreement with Burnham SEV
Pasco, LLC for the Anaerobic Digestion and Renewable Natural Gave Project
related to the Process Water Reuse Facility Phase 3 project.
III. FISCAL IMPACT:
The proposed agreement allows up to $3.5 million of reimbursement should a
final Wastewater Treatment Agreement not be executed by January 31, 2023.
All costs associated with the Process Water Reuse Facility (PWRF) are
reimbursed by the PWRF Agricultural Food Processor partners.
IV. HISTORY AND FACTS BRIEF:
On September 6, 2022, Council approved a Work Acceleration Agreement
WAA) with Burnham SEV for the PWRF Pretreatment Improvement Phase 3
project. That WAA allowed up to $2 million of reimbursement to Burnham SEV
for work associated with the PWRF improvements should a final Wastewater
Treatment Agreement not be executed by October 17, 2022.
The final executed Work Acceleration Agreement extended the Wastewater
Treatment Agreement execution date to November 30, 2022.
Page 224 of 704
V. DISCUSSION:
The City and Burnham SEV are not able to execute a final Wastewater
Treatment Agreement by the November 30th deadline due to circumstances
beyond the City's control. Therefore, in accordance with the executed Work
Acceleration Agreement (WAA), reimbursements will be paid for work done by
Burnham up to November 30, 2022. This cost will be proportioned and included
in the final annual invoices to each PWRF Processor.
Attached is a Second WAA that further commits the City to reimburse Burnham
SEV up to a maximum of an additional $3.5 million for continued design work,
as well as the start of construction work. This is in an effort to keep the project
moving forward as discussions continue on a final Wastewater Treatment
Agreement. Reimbursement under this second WAA would only occur should a
final Wastewater Treatment Agreement not be executed by January 31, 2023.
The Processors, City, and Burnham SEV have agreed to cooperate to ensure
the success of the PWRF Pretreatment Phase 3 project.
This Second WAA continues to be important for Burnham SEV to secure equity
and debt financing for the Phase 3 project.
Staff recommends approval of the proposed Second WAA with Burnham SEV.
This item was discussed at Council Workshop on November 28, 2022.
Page 225 of 704
Resolution: Second Work Acceleration Agreement - PWRF Pretreatment Phase 3 Project - 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A SECOND
WORK ACCELERATION AGREEMENT WITH BURNHAM SEV PASCO,
LLC FOR THE ANAEROBIC DIGESTION AND RENEWABLE NATURAL
GAS PROJECT RELATED TO THE PROCESS WATER REUSE FACILITY
PHASE 3 PROJECT.
WHEREAS, the City of Pasco (City) owns and operates the Process Water Reuse Facility
PWRF) to treat and dispose of industrial wastewater from food processors (Processors) located in
the vicinity of the City; and
WHEREAS, the industrial wastewater treatment system operated by the City, including
the PWRF, requires improvements to sufficiently treat current and increased Processor wastewater
flows to meet City permitted limits; and
WHEREAS, the City’s current wastewater treatment system is at or near capacity and
requires expansion to enable new Processors to use the facility and existing Processors to expand
their operations; and
WHEREAS, on September 6, 2022, Council approved a Work Acceleration Agreement
with Burnham SEV for the PWRF Pretreatment Improvement Phase 3 project. That Agreement
allowed up to $2 million of reimbursement to Burnham for work associated with the PWRF
improvements should a final Wastewater Treatment Agreement not be executed by October 17,
2022; and
WHEREAS, the final executed Work Acceleration Agreement extended the Wastewater
Treatment Agreement execution date to November 30, 2022; and
WHEREAS, the City and Burnham are not able to execute a final Wastewater Treatment
Agreement by the November 30 deadline due to circumstances beyond the control of either party.
Therefore, in accordance with the executed Work Acceleration Agreement, reimbursements will
be paid for work done by Burnham up to November 30, 2022; and
WHEREAS, to keep the PWRF Pretreatment Phase 3 project moving forward as
discussions continue on a final Wastewater Treatment Agreement, the City and Burnham agree
that a second Work Acceleration Agreement is necessary for the final design and preparing for
construction; and
WHEREAS, reimbursement under this second Work Acceleration Agreement would only
occur should a final Wastewater Treatment Agreement not be executed by January 31, 2023.
Page 226 of 704
Resolution: Second Work Acceleration Agreement - PWRF Pretreatment Phase 3 Project - 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Interim City Manager, for the City of Pasco, is hereby authorized to execute the
Second Work Acceleration Agreement with Burnham SEV for the Wastewater Treatment,
Anaerobic Digestion and Renewable Natural Gas Project, a copy of which is attached hereto, and
incorporated by this reference as Exhibit A; and to make minor substantive changes as necessary
to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, this ___ day of December,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 227 of 704
Second Work Acceleration Agreement - 1
WASTEWATER TREATMENT, ANAEROBIC DIGESTION AND
RENEWABLE NATURAL GAS PROJECT
SECOND WORK ACCELERATION AGREEMENT
THIS AGREEMENT (“Agreement”) entered into as of _______________,2022 (the
Effective Date”), by and between Burnham SEV Pasco LLC (“Developer”) and the City of Pasco,
Washington, a Municipal Corporation (the “City”) (each and “Party” and together the “Parties”).
WHEREAS, the City operates a Process Water Reuse Facility (“PWRF”) to treat and
dispose of industrial wastewater from food processors (“Processors”) located in the vicinity of the
City of Pasco; and
WHEREAS, the City owns and operates the Foster Wells Lift Station and force mains, the
Columbia East Lift Station and force mains, the PWRF and the Land Treatment System with all
associated irrigation, pivots, pipes, wells, and appurtenances for the treatment and disposal of
Processors’ industrial wastewater; and
WHEREAS, the industrial wastewater treatment system operated by the City, including
the PWRF, requires improvements in order to sufficiently treat current and increased Processor
wastewater flows to meet City permitted limits; and
WHEREAS, the City’s current wastewater treatment system is at or near capacity and
requires expansion to enable new Processors to use the facility and existing Processors to expand
their operations; and
WHEREAS, the City issued a request for proposal (“RFP”) under the provisions of RCW
70A.140 for the development of a new wastewater treatment plant that includes anaerobic
digestion for more comprehensive wastewater treatment and nitrogen removal to bring the total
effluent nitrogen loads to within the City’s discharge permit levels (the “Wastewater Treatment
System”), and a gas cleanup system (“Gas Cleanup System”) for the production of renewable
natural gas (collectively, the “Project”); and
WHEREAS, Developer submitted a proposal in response to the City’s RFP, and the City
has preliminarily selected Developer to undertake the Project pursuant to an award letter from the
City dated May 3, 2022, subject to additional requirements in RCW 70A.140 for final selection
and entering into an agreement reviewed by Ecology and approved by the City Council; and
WHEREAS, in order to adhere to the City’s desired project schedule, Developer must
commence certain preliminary activities related to the engineering, permitting, and financing of
the Project as the Developer and City work towards executing a final agreement for the Project;
and
Page 228 of 704
Second Work Acceleration Agreement - 2
WHEREAS, procurement of services to perform those preliminary activities requires
compliance with the requirements of RCW 39.80, which have been met by the City by publishing
in advance the City’s requirement for professional services in a Request for Proposal (“RFP”)
RCW 39.80.030), evaluating the Developer’s qualifications (RCW 39.80.040), and negotiating
the services and price of the provisions of this Agreement (RCW 39.80.050); and
WHEREAS, City has requested that Developer commence preliminary activities on the
Project prior to executing a definitive Wastewater Treatment Agreement (“WTA”) which will
outline the terms and conditions under which the City will contract with the Developer for
industrial wastewater treatment services under the provisions of RCW 70A.140; and
WHEREAS, City and Developer entered into that certain Anaerobic Digestion and
Renewable Natural Gas Project Work Acceleration Agreement effective October 19, 2022, where
Developer agreed to undertake certain preliminary project development activities and City agreed
to assist Developer and reimburse Developer up to $2,000,000 if the WTA was not entered into by
November 30, 2022 (the “First Agreement”); and
WHEREAS, the Parties agree that the WTA will not be entered into by November 30,
2022, and therefore, City shall provide reimbursement to Developer in accordance with the First
Agreement; and
WHEREAS, in response to City’s request, and in exchange for the undertakings and
inducements provided by the City herein, and in reliance thereon, Developer will continue to
progress certain additional activities, such as engineering, legal, permitting, regulatory, financing,
design, and other activities related to the Project, including, without limitation payments to be
made to Swinerton Builders, Inc. (“Swinerton”), which agreement contemplates payments from
Developer to Swinerton of up to $3,500,000 by January 31, 2023.
NOW, THEREFORE, and in consideration of the mutual terms and covenants contained
herein, the Parties agree as follows:
1. Developer Obligations. Developer shall:
A. Continue with engineering activities and begin construction activities
related to the Wastewater Treatment System and the Gas Cleanup System.
B. Progress activities related to the financing of the Project, including
negotiation of financing documentation and engagement of independent engineering and
technical advisors.
C. Continue to work with permitting consultants and continue preparation of
permits in connection with the Project.
D. If necessary, continue site evaluation activities, including geotechnical and
topographical evaluations, surveys, and environmental reviews.
Page 229 of 704
Second Work Acceleration Agreement - 3
E. Perform, as needed to meet agreed upon schedule, site preparatory work,
including without limitation certain grading and other pre-construction activities.
F. Indemnify and hold harmless City from any liabilities associated with
preparatory work as described in Section 1(E), to the extent that such liabilities were not
caused solely by City’s negligence or willful misconduct.
Notwithstanding the foregoing, nothing contained herein shall obligate Developer to
continue development activities or incur any additional expenses if Developer reasonably
determines that City will not move forward with the Project and/or enter into the WTA.
2. City Obligations. City shall:
A. Cooperate with Developer in order to ensure the success of the Project,
including, without limitation, by:
1) Providing Developer with access to the site and personnel who are
potentially knowledgeable about the site or the Project.
2) Supporting applications for permits for the Project.
3) Providing Developer with access to available wastewater flow data,
including volumes and composition, and other pertinent information.
4) Providing Developer with available site data, such as surveys, site
boundary information, geotechnical reports, wetland reports, archeological
reviews, or similar information.
5) Providing Developer with access to site to perform site preparatory
work defined in Section 1(E) above.
Grant Developer a non-exclusive license on and about the project site for the
purposes of performing the site preparatory work described in Section 1(E) and
Developer shall indemnify and hold harmless City from any liabilities associated
with same, to the extent that such liabilities were not caused solely by City’s
negligence or willful misconduct.
B. Promptly, upon written request from Developer, the City shall reimburse
Developer for all reasonable and documented costs, up to a maximum of $3,500,000.00
incurred by Developer, inclusive of costs incurred through subcontractors, including
Gross-Wen Technologies and Swinerton in relation to the Project if City and Developer
do not enter into the WTA by January 31, 2023, or such other date as may be agreed to by
both Parties in writing; provided however that such reimbursable costs shall not include
legal costs incurred by Developer for the preparation and negotiation of the WTA, which
costs shall be borne solely by the Developer regardless of whether the Parties ultimately
enter into a WTA. Notwithstanding the foregoing, the City shall have no obligation to
Page 230 of 704
Second Work Acceleration Agreement - 4
reimburse Developer if Developer is unable or unwilling to enter into a WTA with
materially similar terms and conditions as the draft provided to the City on November 3,
2022.
3. Term. This Agreement shall be effective commencing on the Effective Date and
shall continue until terminated with the mutual written agreement of the Parties, payment is made
by the City to Burnham in full, as confirmed in writing by Burnham, or upon the execution of the
WTA by the Parties.
4. Authority to Approve Agreement. The Parties represent and warrant that all steps
necessary for the approval of this Agreement have been completed by:
A. Burnham SEV Pasco LLC
Attn: Chris Tynan
1201 Wilson Blvd., 27th Floor
Arlington, VA 22209
B. City of Pasco
Adam Lincoln
Interim City Manager
525 N 3rd Avenue
Pasco, WA 99301
The persons signing below are authorized to do so and the execution of this Agreement is
valid and binding for all purposes.
5. General Provisions.
A. This Agreement constitutes the entire agreement between the Parties and
with the exception of the First Agreement, which shall remain in full force and effect, no
prior oral or written agreement shall be valid, and any modifications of this Agreement
must be in writing signed by all Parties.
B. This Agreement shall be binding on the Parties, and their heirs, successors
and assigns.
C. For the purpose of this Agreement, time is of the essence.
6. Dispute Resolution. In the event of a dispute between the Parties regarding the
interpretation, breach, or enforcement of this Agreement, the Parties shall first meet in a good faith
effort to resolve the dispute by themselves or with the assistance of a mediator. The remaining
dispute shall be resolved by arbitration in accordance with the American Arbitration Association
Rules, with all Parties waiving the right of a jury trial upon de novo review. The Parties stipulate
that Franklin County Superior Court is the appropriate venue, should judicial relief be required.
Any disputes shall be governed by the laws of the State of Washington.
Page 231 of 704
Second Work Acceleration Agreement - 5
7. Mutual Cooperation and Further Agreements. The Parties agree to cooperate
in good faith with regard to each and every aspect required for the object of this Agreement, and
to further sign all documents reasonably necessary to accomplish the purposes of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
by their duly authorized representatives as of the Effective Date.
BURNHAM SEV PASCO LLC CITY OF PASCO, WASHINGTON
By:_________________________________ By:______________________________
Name: Chris Tynan Name: Adam Lincoln
Title: Chief Executive Officer Title: Interim City Manager
Date:________________________________ Date:_____________________________
Page 232 of 704
AGENDA REPORT
FOR: City Council November 21, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution No. 4284 - Community Economic Revitalization Board Loan
Application Approval for the Process Water Reuse Facility Pretreatment
Improvements
I. REFERENCE(S):
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4284, authorizing submission of an
application for a community Economic Revitalization Board Loan with the
Washington State Department of commerce for the Process Water Reuse
Facility Pretreatment Improvement Phase 3 project.
III. FISCAL IMPACT:
Staff seeks approval to pursue a low-interest loan application to the
Washington State Department of Commerce, Community Economic
Revitalization Board (CERB) for up to $5,000,000 at 1.5%-2.0% interest to help
finance the PWRF Pretreatment Improvement Phase 3 project.
IV. HISTORY AND FACTS BRIEF:
The City owns and operates the Process Water Reuse Facility (PWRF), an
industrial wastewater treatment system to treat industrial wastewater from
agricultural food processors. The PWRF requires expansion in storage and
treatment capacity, and the application of new technology, to allow existing
Processors to expand their operations and provide capacity for the new Darigold
milk processing facility.
Proposed improvements are divided into three phases;1) potable water and
electrical upgrades to the PWRF site, 2) increased winter storage pond capacity,
and 3) wastewater pretreatment improvements consisting of low -rate anaerobic
Page 233 of 704
digestors, renewable natural gas generation, and an algea -based biological
nitrogen removal system.
Council has been briefed extensively on multiple occasions about the phasing,
associated costs, and funding of improvements to the PWRF.
CERB is a state organization formed in 1982 to respond to local economic
development in Washington communities. CERB provides funding to local
governments and federally-recognized tribes for public infrastructure which
supports private business growth and expansion. Eligible projects include
domestic buwastewater, water, publicwater, industrialand storm ildings,
telecommunications, and port facilities.
V. DISCUSSION:
being athroughprovidedisThePWRFtheforfinancingimprovements
combination of grants, public and private loans, revenues from the sale of
renewable natural gas, investment tax credits, and system user fees. All public
and private debt is being or will be, serviced by the system users. Council has
previously been provided comprehensive briefings about the financial needs of
the facility.
Staff has committed to pursuing all available local, state, and federal grants and
low-interest loans to help reduce the final cost to the PWRF Processors. While
a small part of the overall funding package, this CERB loan is an example of this
commitment, and fits well into the overall long-term financing strategy for the
aforementioned upgrades.
Staff requests support from Council to submit an application for a low -interest
loan from the CERB for the PWRF Pretreatment Phase 3 Improvement Project.
This item was discussed at Council Workshop on November 28, 2022.
Page 234 of 704
Resolution - CERB Funding Application - 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING SUBMISSION OF AN APPLICATION FOR A COMMUNITY
ECONOMIC REVITALIZATION BOARD LOAN WITH THE WASHINGTON
STATE DEPARTMENT OF COMMERCE FOR THE PROCESS WATER
REUSE FACILITY PRETREATMENT IMPROVEMENT PHASE 3 PROJECT.
WHEREAS, the City currently owns and operates a Process Water Reuse Facility (PWRF)
that operates for the benefit of large agriculture food processors to pretreat, treat, and dispose of
approximately one billion gallons of agricultural industrial wastewater via land application on
1854 acres of City-owned farmland pursuant to Washington State Discharge Permit No.
ST0005369; and
WHEREAS, the Process Water Reuse Facility (PWRF) is being improved via multiple
projects that will increase the treatment and storage capacity of industrial wastewater for industrial
food processors in Pasco; and
WHEREAS, to help fund these improvements, Community Economic Revitalization
Board (CERB) funds are available to support economic development projects which are ready to
implement and for which jobs are to be created or retained; and
WHEREAS, the City desires to apply for $5 million in the CERB loan funding at an
interest rate of 1.5–2% (depending on eligibility) for the PWRF Pretreatment Phase 3 Project, of
which said project is consistent with the purposes of the CERB; and
WHEREAS, the CERB funding requires a commitment of private resources toward
enhancing the vitality of the local area and expansion of economic and employment opportunities
of the City, together with increased tax revenues; and
WHEREAS, in the event the application for CERB funding is approved, and accepted by
the City, the City will comply with all applicable Federal and State requirements regarding
environmental impact of the project; and
WHEREAS, the City’s CERB project will not result in the transfer/relocation of jobs from
one part of the State of Washington to another; and
WHEREAS, the City finds and determines that an application should be submitted to
appropriate agencies for consideration of funding the CERB Project for and on behalf of the
Processors, and that such submission will promote economic development within the City
Page 235 of 704
Resolution - CERB Funding Application - 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That that the Interim City Manager, or designee, is hereby authorized to submit an
application to the CERB, for and on behalf of the City, for CERB loan funding in the approximate
amount of $5,000,000 for the PWRF Pretreatment Improvement Project.
Be It Further Resolved that the Interim City Manager, or designee, is hereby authorized
to provide such additional information as may be necessary to secure approval of such application.
Be It Further Resolved that in the event such application is approved, the Interim City
Manager is authorized to enter into any agreements for such CERB loan funds.
Be It Further Resolved that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, this ___ day of December,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 236 of 704
AGENDA REPORT
FOR: City Council November 30, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution No. 4285 - Contingency Agreement Approval for Community
Economic Revitalization Board Loan Application for the Process Water
Reuse Facility Pretreatment Improvements
I. REFERENCE(S):
Resolution
Contingency Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4285, authorizing the interim City
Manager to enter into an agreement for a Community Economic Revitalization
Board Loan with the Washington State Department of Commerce for the Process
Water Reuse Facility Pretreatment Phase 3 Project.
III. FISCAL IMPACT:
A $5 million low-interest loan from the Washington State Department of
Commerce, Community Economic Revitalization Board (CERB) will help
finance the $135 million PWRF Pretreatment Improvement Phase 3 project.
IV. HISTORY AND FACTS BRIEF:
The City owns and operates an industrial wastewater treatment system to treat
industrial wastewater from agricultural food Processors. The system includes the
Process Water Reuse Facility (PWRF). The PWRF requires expansion in
storage and treatment capacity, and the application of new technology, to allow
existing Processors to expand their operations and provide capacity to new
Processors to the facility.
Upgrades to the PWRF pretreatment system will significantly improve treatment
capacity for the benefit of all existing and future agricultural (and dairy)
Processors, customers, the environment, and the local community. The PWRF
Page 237 of 704
improvements also have a positive impact on the Municipal Wastewater
Treatment plant by allowing for the redirection of a significant load of agricultural
and dairy industrial wastewater away from the Wastewater Treatment Plant
WWTP). This frees up much-needed capacity at WWTP allowing for increased
residential and commercial developments that can be served.
V. DISCUSSION:
Staff proposes to submit a $5 million loan application to CERB for the PWRF
Pretreatment Improvement Phase 3 project. The specific loan program being
pursued requires a Committed Private Partner. Darigold has agreed to be the
Committed Private Partner for this loan.
The loan application requires the attachment of a Contingency Agreement
between the applicant (City), the PWRF project developer (Burnham), and the
Committed Private Partner (Darigold) to ensure that the public and private
improvements (PWRF and milk processing plant) will be built contingent on
receiving a CERB loan.
Staff requests approval to enter into a Contingency Agreement for the Process
Water Reuse Facility Phase 3 Project CERB loan application.
This item was discussed at Council Workshop on November 28, 2022.
Page 238 of 704
Resolution - Contingency Agreement for CERB Loan Application - Page 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING SUBMISSION OF THE INTERIM CITY MANAGER TO
ENTER INTO AN AGREEMENT FOR A COMMUNITY ECONOMIC
REVITALIZATION BOARD (CERB) LOAN WITH THE WASHINGTON
STATE DEPARTMENT OF COMMERCE FOR THE PROCESS WATER
REUSE FACILITY PRETREATMENT PHASE 3 PROJECT.
WHEREAS, the City currently owns and operates a Process Water Reuse Facility (PWRF)
that operates for the benefit of large agriculture food processors to pretreat, treat, and dispose of
approximately one billion gallons of agricultural industrial wastewater via land application on
1854 acres of City-owned farmland pursuant to Washington State Discharge Permit No.
ST0005369; and
WHEREAS, the PWRF is being improved via multiple projects that will increase the
treatment and storage capacity of industrial wastewater for Pasco; and
WHEREAS, through the process outlined in RCW 70A.140, the City selected Burnham
SEV Pasco, LLC (Burnham) to be the PWRF Pretreatment Phase 3 project developer. The City
and Burnham are currently working on an agreement for the design and construction of the project
that will include wastewater treatment, development of renewable natural gas, and biological
nitrogen removal; and
WHEREAS, to help fund these improvements, Community Economic Revitalization
Board (CERB) funds are available to support economic development projects that are ready to
implement and for which jobs are to be created or retained; and
WHEREAS, the City desires to apply for $5 million in CERB loan funding at an interest
rate of 1.5–2.0% (depending on eligibility) for the PWRF Pretreatment Phase 3 project, of which
said project is consistent with the purposes of the CERB; and
WHEREAS, the specific CERB loan program being pursued requires a Committed Private
Partner, which Darigold has agreed to be for this loan; and
WHEREAS, the loan application requires the attachment of a Contingency Agreement
between the applicant (City), the PWRF project developer (Burnham), and the Committed Private
Partner (Darigold) to ensure that the public and private improvements will be completed contingent
on receiving a CERB loan.
Page 239 of 704
Resolution - Contingency Agreement for CERB Loan Application - Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Interim City Manager is hereby authorized to execute the attached Contingency
Agreement for the purposes of including it with the CERB loan application for the PWRF
Pretreatment Phase 3 project, a copy of which is attached hereto and incorporated herein by
reference as Exhibit A.
Be It Further Resolved that the Interim City Manager is hereby further authorized to
provide such additional information as may be necessary to secure approval of such loan
application.
Be It Further Resolved that the Interim City Manager is hereby authorized to make minor,
non-substantive edits to the Contingency Agreement as needed by all parties.
Be It Further Resolved that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, this ___ day of December
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 240 of 704
City-Burnham-Darigold PWRF Pretreatment Project - CERB Contingency Agreement Page 1 of 5
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City Clerk
City of Pasco, Washington
525 North 3rd
Pasco WA 99301
PROCESS WATER REUSE FACILITY
CONTINGENCY AGREEEMENT
COMMUNITY ECONOMIC REVITILIZATION BOARD LOAN
THIS AGREEMENT between the City of Pasco, a Washington Municipal Corporation,
hereinafter referred to as “City”, Darigold, Inc., hereinafter referred to as “Darigold”, and
Burnham SEV Pasco, LLC, hereinafter referred to as “Developer”, collectively referred to as
Parties”, enter into this agreement (“Contingency Agreement”) for the purpose of making a loan
application to the Community Economic Revitalization Board, hereinafter referred to as “CERB”,
related to the proposed improvements to City’s Process Water Reuse Facility, hereinafter referred
to as “PWRF”, in accordance with the following terms and conditions.
WHEREAS, the City owns, operates, and maintains a Washington State Department of
Ecology (“Ecology”)-approved Process Water Reuse Facility (PWRF) along with 14 nearby farm
circles for the treatment and disposal of over 900 million gallons of industrial wastewater from six
local agricultural food processing plants; and
WHEREAS, Darigold proposes to build a $500 million milk processing plant in Pasco,
scheduled to be operational in early 2024, and plans to send industrial wastewater from the new
plant to the City’s PWRF; and
WHEREAS, the City has an opportunity to apply for a low-interest loan in the
approximate amount of $5 million from the CERB and said loan program requires this
Contingency Agreement and a Committed Private Partner; and
WHEREAS, City, Developer, and Darigold agree it is in the interest of the Parties to enter
into this Contingency Agreement for the mutual benefit of the parties.
NOW, THEREFORE, and in consideration of the mutual covenants contained herein, the
Parties agree as follows:
Page 241 of 704
City-Burnham-Darigold PWRF Pretreatment Project - CERB Contingency Agreement Page 2 of 5
A. Purpose:
A. Clarify the intentions of the Parties regarding the completion of the PWRF
Pretreatment Improvement Project and the construction of Darigold’s new milk processing
facility.
B. City to prepare and submit a loan application to the CERB to help finance the
proposed Project which will accommodate industrial wastewater from Darigold’s new
plant.
C. Darigold identified as a Committed Private Partner related to the CERB loan
application for the proposed PWRF Pretreatment Improvement Project.
B. Background:
1. City and Developer are negotiating a final agreement for the design and
construction of the PWRF Pretreatment Improvement Project, which consists of two 35-
million-gallon anaerobic digesters, a biological nitrogen removal system, and a renewable
natural gas (“RNG”) plant, (hereinafter referred to as the “Public Facilities Project”).
2. Darigold’s industrial wastewater, along with increased volumes of existing food
processor’s industrial wastewater, will be pretreated through the Public Facilities Project
prior to being disposed of via irrigation to City farm circles.
3. The Public Facilities Project and Darigold’s new milk processing plant are currently
scheduled to be completed in early 2024.
C. Agreement:
1. City and Developer agree to construct the Public Facilities Project to support the
pretreatment of industrial wastewater from the new Darigold milk processing plant, subject
to reaching final agreement.
2. Darigold agrees to construct a new milk processing plant, which is currently
estimated to create 200 new permanent, full-time jobs to operate the plant.
3. Darigold’s estimated private investment for the new milk processing plant in Pasco
is $500 million.
4. Darigold agrees to contact the local Workforce Development Council (WDC) and
the State Employment Security Department for assistance in filling new positions.
5. Darigold agrees to provide City with employment and investment data as requested
by CERB for a period no less than five years following the completion of the Public
Facilities Project.
Page 242 of 704
City-Burnham-Darigold PWRF Pretreatment Project - CERB Contingency Agreement Page 3 of 5
6. Developer expects to invest up to $150 million to construct the Public Facilities
Project.
D. Contingency: This Contingency Agreement is contingent upon receipt of CERB funds by
City and is intended to provide convincing evidence of private development as required by CERB.
E. Other Terms and Conditions:
1. Dispute Resolution. In the event of dispute, the parties shall first meet in a good
faith attempt to resolve such dispute, with or without the assistance of mediation.
In the event the dispute remains, it shall be resolved by binding arbitration pursuant to
RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR) with all parties
waiving the right of a jury trial upon de novo review. Venue shall be placed in Franklin
County, Washington; the laws of the State of Washington shall apply; and the substantially
prevailing party shall be entitled to its reasonable attorney fees and costs.
2. Assignability. This Contingency Agreement, and the rights and responsibilities
hereunder, shall not be assigned, conveyed, sublet, or transferred by Developer or Darigold
without the prior written consent of the City, which consent shall not be unreasonably
withheld.
3. Notice. Any notice or information required or permitted to be given to the parties
under this Contingency Agreement shall be to the following addresses, unless otherwise
specified:
City of Pasco Burnham SEV Pasco, LLC Darigold
City Manager Attn: Chris Tynan Attn: General Counsel
525 North 3rd 1201 Wilson Blvd., 27th Floor 5601 6th Ave S, Suite #300
Pasco, WA 99301 Arlington, VA 22209 Seattle, WA 98108
Notice shall be deemed given upon receipt of personal delivery, e-mail transmission, or
five (5) days after deposit in the United States Mail in the case of regular mail, or next day
in the case of overnight delivery.
4. Modification. This Contingency Agreement may not be amended, modified, or
terminated except by written agreement signed and approved by all parties.
5. Effective Date. This Contingency Agreement shall become effective upon the date
of signature approval by the last party as indicated below.
DATED this ________day of ____________, 2022.
Signature pages follows.]
Page 243 of 704
City-Burnham-Darigold PWRF Pretreatment Project - CERB Contingency Agreement Page 4 of 5
CITY OF PASCO, WASHINGTON:
By: _______________________________
Adam Lincoln
Interim City Manager
STATE OF WASHINGTON )
ss
COUNTY OF FRANKLIN )
On this day personally appeared before me Adam Lincoln, Interim City Manager of the
City of Pasco, Washington, described in and who executed the within and foregoing instrument,
and acknowledged that he signed the same as his free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this ___ day of ______________, 2022.
Notary Public in and for the State of Washington
Residing at _______________________________
My Commission Expires: ____________________
BURNHAM SEV PASCO, LLC
By: _______________________________
Chris Tynan
Chief Executive Officer
STATE OF VIRGINIA )
ss
COUNTY OF ARLINGTON )
On this day personally appeared before me Chris Tynan, Chief Executive Officer of the
Burnham SEV Pasco, LLC, described in and who executed the within and foregoing instrument,
and acknowledged that he signed the same as his free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this ___ day of ______________, 2022.
Notary Public in and for the State of Virginia
Residing at _______________________________
My Commission Expires: ____________________
Page 244 of 704
City-Burnham-Darigold PWRF Pretreatment Project - CERB Contingency Agreement Page 5 of 5
DARIGOLD, INC.:
By: _______________________________
Joe Coote
Chief Executive Officer
STATE OF WASHINGTON )
ss
COUNTY OF FRANKLIN )
On this day personally appeared before me Joe Coote, Chief Executive Officer of King
County, Washington, described in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this ___ day of ______________, 2022.
Notary Public in and for the State of Washington
Residing at _______________________________
My Commission Expires: ____________________
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AGENDA REPORT
FOR: City Council November 29, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Resolution No. 4286 - Purchase of OpenGov Permitting, Business
Licensing and Code Enforcement Software from Carahsoft Technology
Corporation
I. REFERENCE(S):
Resolution
NASPO Master Agreement
Agreement Addendum
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4286, authorizing the City Manager
to execute a contract with Carahsoft Technology Corporation for OpenGov
Permitting, Business Licensing and Code Enforcement Software.
III. FISCAL IMPACT:
5-year contract total: $792,300
IV. HISTORY AND FACTS BRIEF:
The City of Pasco (City) has used its current Community Development software,
CRW TRAKiT, since 2007 when it was initially procured for building permits,
inspections, and code enforcement. Over time, staff expanded the software to
support business licensing, rental licensing, pet licensing, specials event
permits, project tracking and others. The current software version has been
updated several times over the years with new features and functionality until an
entirely new version was released by the developer. CRW TRAKiT was sold by
the original developers and has since been acquired by several different
software companies. Due to these acquisitions, and loss of original development
and support staff, knowledge for system support has decreased while response
and resolution time has dramatically increased often taking weeks or months for
help tickets" to receive a response, sometimes without resolution. During this
time, staff (both support staff and users) have endured reoccurring issues and
Page 246 of 704
been forced to use workarounds to maintain functionality impacting customer
experience.
Currently, internal staff (Information Services) maintain the TRAKiT environment
at a functional level but considers the application to pose a risk of causing
significant business disruption if a major issue were to occur. With the current
level of vendor support, response times and, considering the time and effort
needed to stand up a replacement, this would cost the City significant monetary
loss and gravely impact our customers. These considerations have driven staff
to look for a stable and reliable alternative.
Replacement for TRAKiT to improve customer experience, efficiencies, and
reliability was budgeted for in 2019-2020; however, significant efforts were
diverted due to COVID related delays with staff, vendors and other critical
technology implementations.
In 2022, staff began evaluating replacement options. Staff sought to expand
application functionality to improve resident services and experience, including
offering online permitting and payments, and expanding integrations with other
existing city and state systems, including Washington State business licensing,
pet licensing, the City’s 311 system, and other technologies to improve staff
efficiency and customer response times.
Staff evaluated the updated TRAKiT system, “Community Development” from
Central Square, “Enterprise Permitting and Licensing” from our current financial
application provider Tyler Technologies, and “Citizen Services” from OpenGov.
All the systems offer an online hosted software solution, including online citizen
services, online payment portal, GIS map integration, staff mobile application,
and overall implementation and training. All vendors offered primarily remote
implementation and training services with the option of onsite visits as wanted.
Community Development, (TRAKiT), Central Square
Central Square proposed upgrading to their newest system, “Community
Development”. The proposed system provides a replacement of our existing
capabilities citizenenforcement, codepermitting, including inspections,
reporting, and licensing. Central Square is also the most familiar with our current
system, reports, and data, which may allow andeasierconversion
implementation over other vendors. Their system’s licensing model is based on
the number of current staff system users. They did not include integrations or
costs to connect to the City's current finance, pet license, 311, or Washington
State business license systems. Obtaining the quote took extensive staff effort,
much like the support and communication experience we have received over the
last few years.
Costs: (excluding onsite travel and taxes)
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Implementation:$246,000
Annual:$98,600
1st year total:$344,600
5-year contract total:$739,000
Enterprise Permitting and Licensing, Tyler Technologies
Tyler Technologies proposed their newly re -named application, “Enterprise
Permitting and Licensing”, formerly “EnerGov”. Staff previously reviewed this
system at user conferences and online webinars. The proposed system would
provide replacements of most of the current system capabilities but may require
additional modules or other supporting systems to match the current modules
that are being utilized today (ex: fire inspections and project tracking).
Implementation costs included creation of existing reports and data conversion
from the current system. Their system is based on number of current staff system
users. Integration to our finance system is included, however not to our current
pet license, 311, or Washington State business license systems, although they
may be available for additional costs.
Costs: (excluding onsite travel and taxes)
Implementation:$485,800
Annual$:102,200
1st year total:$588,000
5-year contract total:$996,800
Citizen Services, OpenGov
OpenGov proposed their “Community Services” application set. City staff
previously viewed this system at online webinars and remote demonstrations.
The proposed system provides a replacement of our existing capabilities
including permitting, inspections, code enforcement, citizen reporting, project
tracking, and licensing and many others, which the City may have a need for in
the future such as grant management and virtual inspections for the same annual
cost. Implementation costs include creation of most of the City's existing
business forms/applications, reports, and data conversion from the current
system with trained staff creating any additional items as needed. OpenGov’s
cloud hosted software licensing model allows unlimited staff users and includes
integrations to the City financial system, pet licensing, 311, and Washington
State business licensing. OpenGov recently acquired Cartegraph, which is the
City’s work order and asset management system used by Public Works
Operations, Fleet, Parks and Facilities divisions to track city assets, equipment,
and related work and tasks. Future integrations and reporting between the two
systems are in development and has potential to add additional return on
investment.
Costs: (excluding onsite travel and taxes)
Implementation:$172,800
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Annual:$124,100
1st year total:297,900
5-year contract total:$792,300
Staff Recommendation
After a multi-departmental review that included stakeholders from the planning,
building, code enforcement, licensing, information services, and finance (former
Finance Director Sigdel) staff recommends OpenGov’s Citizen Services. This
consensus was determined based on the demonstrations provided, evaluating
specific vendor\system information, assessing Citizen Services current
capabilities and future development roadmap, unlimited user licensing, and
overall cost.
OpenGov is listed as a cloud solution provider with both the National Association
of State Procurement Officials (NASPO Master Agreement No.: AR2472) and
Washington State Master Contract (Contract No.: 05116), which offers pre -
negotiated contract pricing and allows direct purchasing based on the City’s
purchasing (Administrative Orderpolicy 470 - andPolicyPurchasing
Procedures).
Project Budget
The City’s 2021-2022 budget included $250,000 for the initial implementation of
a replacement system. The 2023-2024 budget includes $375,000, which is
135,000 per year annually and $105,000 for any additional implementation,
integrations, or expansion costs. Future budgets for fiscal years 2025 and 2026
and beyond will include $135,000 for annual maintenance until contract renewal.
The recommended system aligns with current budgets.
Implementation Timeline & Recommendation
With ongoing extensive effort to support current system, the desire to improve
services and customer experiences including offering online services, and rising
costs, it is recommended that the City sign a contract with OpenGov prior to the
end of the year to lock in the current quoted rates for the next five (5) years to
allow for predictable budgeting. Additionally, due to the extensive workload for
this implementation (related PMC updates, system conversion, testing, resident
and contractor input) to plan for a go-live date by early 2024 for primary
applications (permitting, inspections, and code enforcement) we need to be
scheduled with the vendor for project kick-off in early 2023.
V. DISCUSSION:
Staff presented this to Council at their November 28, 2022 Workshop.
Based on the brief discussion, staff is recommending formal action by Council at
the December 5, 2022 regular meeting on this item.
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Page 250 of 704
Resolution – OpenGov Software for CED Department - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A
CONTRACT WITH CARAHSOFT TECHNOLOGY CORPORATION FOR
OPENGOV PERMITTING, BUSINESS LICENSING AND CODE
ENFORCEMENT SOFTWARE.
WHEREAS, the City of Pasco, Washington determined a need to replace its old
permitting, business licensing and code enforcement records software, Trakit, as it is no longer
adequately supported by the company that created it; and
WHEREAS, City staff reviewed and received demonstrations of three (3) new software
programs that support the needs of the City’s permitting, business licensing and code enforcement
records software and determined that OpenGov software from Carahsoft Technology meets the
current needs of the City, as well as providing additional modules to support tasks within the
Community and Economic Development Department; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into
a contract with Carahsoft Technology Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the
software contract between the City of Pasco and Carahsoft Technology Corporation, as attached
hereto and incorporated herein as Exhibit A.
Be It Further Resolved that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to execute said Contract on behalf of the City of
Pasco; and to make minor substantive changes as necessary to execute the Contract.
PASSED by the City Council of the City of Pasco, Washington on this ____ day of
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 251 of 704
PARTICIPATING ADDENDUM – NO. 05116: CARAHSOFT TECHNOLOGY CORPORATION Page 1
11-1-2016)
PARTICIPATING ADDENDUM
NASPO ValuePoint
CLOUD SOLUTIONS 2016-2026
Administered by the State of Utah (hereinafter “Lead State”)
MASTER AGREEMENT
Master Agreement No: AR2472
Carahsoft Technology Corporation
hereinafter “Contractor”)
and
State of Washington
hereinafter “Participating State”)
Washington Master Contract No.: 05116
This Participating Addendum for the above referenced Master Agreement (“Participating Addendum”) is
made and entered into by and between the State of Washington acting by and through the Department
of Enterprise Services, a Washington State governmental agency (“Enterprise Services”) and Carahsoft
Technology Corporation, a Maryland corporation (“Contractor”) and is dated and effective as of August 1,
2017.
1. SCOPE: This Participating Addendum covers Cloud Solutions led by the State of Utah for use by state
agencies and other entities located in the Participating State authorized by that state’s statutes to
utilize state contracts with the prior approval of the State’s chief procurement official.
2. PARTICIPATION: Use of specific NASPO ValuePoint cooperative contracts by agencies, political
subdivisions and other entities (including cooperatives) authorized by an individual state’s statutes to
use state contracts are subject to the prior approval of the respective State chief procurement official.
Issues of interpretation and eligibility for participation are solely within the authority of the State chief
procurement official. Pursuant to this Participating Addendum, the Master Agreement may be utilized
by the following (“Purchasing Entities”):
a) WASHINGTON STATE AGENCIES. Washington state agencies, departments, offices, divisions,
boards, and commission; and any the following institutions of higher education in
Washington: state universities, regional universities, state college, community colleges, and
technical colleges.
b) MCUA PARTIES. The Master Agreement also may be utilized by any of the following types of
entities that have executed a Master Contract Usage Agreement (MCUA) with Enterprise
Services:
Political subdivisions (e.g., counties, cities, school districts, public utility districts);
Federal governmental agencies or entities;
Public-benefit nonprofit corporations (i.e., § 501(c) (3) nonprofit corporations that
receive federal, state, or local funding); and
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PARTICIPATING ADDENDUM – NO. 05116: CARAHSOFT TECHNOLOGY CORPORATION Page 2
11-1-2016)
Federally-recognized Indian Tribes located in the State of Washington.
3. PARTICIPATING STATE MODIFICATIONS OR ADDITIONS TO MASTER AGREEMENT:
3.1. WASHINGTON’S ELECTRONIC BUSINESS SOLUTIONS (WEBS) SYSTEM: Within seven (7) days of
execution of this Participating Addendum, Contractor shall register in the Washington State
Department of Enterprise Services’ Electronic Business Solutions (WEBS) System at
https://fortress.wa.gov/ga/webs/. Contractor shall ensure that all of its information therein
is current and accurate and that, throughout the term of the Master Agreement, Contractor
shall maintain an accurate profile in WEBS.
3.2. WASHINGTON’SSTATEWIDE PAYEE DESK: To be paid for contract sales, Contractors must register
with Washington’s Statewide Payee Desk. Washington state agencies cannot make
payments to a contractor until it is registered. Registration materials are available here:
Receiving Payment from the State.
3.3. CONTRACT SALES REPORTING. Contractor shall report total contract sales quarterly to
Enterprise Services, as set forth below.
a) REPORTING. Contractor shall report quarterly Contract sales in Enterprise Services’
Contract Sales Reporting System. Enterprise Services will provide Contractor with a
login password and a vendor number.
b) DATA. Each sales report must identify every authorized Purchasing Entity by name as
it is known to Enterprise Services and its total combined sales amount invoiced during
the reporting period (i.e., sales of an entire agency or political subdivision, not its
individual subsections). The “Miscellaneous” option may be used only with prior
approval by Enterprise Services. Upon request, Contractor shall provide contact
information for all authorized Purchasing Entities specified herein during the term of
this Participating Addendum. Refer sales reporting questions to the Primary Contact
set forth below. If there are no contract sales during the reporting period, Contractor
must report zero sales.
c) DUE DATES FOR CONTRACT SALES REPORTING. Quarterly Contract Sales Reports must be
submitted electronically by the following deadlines for all sales invoiced during the
applicable calendar quarter:
For Calendar Quarter Ending Contract Sales Report Due
March 31 April 30
June 30 July 31
September 30 October 31
December 31 January 31
3.4. VENDOR MANAGEMENT FEE: Contractor shall pay to Enterprise Services a vendor management
fee (“VMF”) of 1.5 percent on the purchase price for all contract sales (the purchase price is
the total invoice price less applicable sales tax).
a) The sum owed by Contractor to Enterprise Services as a result of the VMF is calculated
as follows:
Amount owed to Enterprise Services = Total contract sales invoiced (not
including sales tax) x .015
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PARTICIPATING ADDENDUM – NO. 05116: CARAHSOFT TECHNOLOGY CORPORATION Page 3
11-1-2016)
b) The VMF must be rolled into Contractor’s current pricing. The VMF must not be
shown as a separate line item on any invoice unless specifically requested and
approved by Enterprise Services.
c) Enterprise Services will invoice Contractor quarterly based on contract sales reported
by Contractor. Contractor shall not remit payment until it receives an invoice from
Enterprise Services. Contractor’s VMF payment to Enterprise Services must reference
the following:
This Washington Master Contract No.: 05116
The NASPO Master Agreement No.: AR2472
The year and quarter for which the VMF is being remitted, and
Contractor’s name as set forth in this Contract, if not already included on the
face of the check.
d) Contractor’s failure accurately and timely to report total net sales, to submit usage
reports, or remit payment of the VMF to Enterprise Services, may be cause for
suspension or termination of this Participating Addendum or the exercise of any other
remedies as provided by law.
e) Enterprise Services reserves the right, upon thirty (30) days advance written notice,
to increase, reduce, or eliminate the VMF for subsequent purchases.
f) For purposes of the VMF, the parties agree that the initial management fee is included
in the pricing. Therefore, any increase or reduction of the management fee must be
reflected in contract pricing commensurate with the adjustment.
3.5. COMPLIANCE WITH LAW; TAXES, LICENSES, & REGISTRATION: Contractor shall comply with all
applicable law. Contractor shall register to conduct business in the State of Washington and
promptly acquire and maintain all necessary licenses and registrations and pay all applicable
taxes and fees. In addition, for all sales to purchasers in the State of Washington, Contractor
shall calculate, collect, and remit, as appropriate, the applicable state and local sales tax on
all invoices.
3.6. COMPLIANCE WITH PARTICIPATING STATE’S (WASHINGTON’S) STATEWIDE IT POLICIES: Contractor shall
comply with Participating State’s statewide information technology policies, as applicable,
for Purchasing Entities – promulgated by Washington’s Office of the Chief Information
Officer (OCIO0. Such policies are located on the OCIO website at:
https://ocio.wa.gov//policies. These policies include, but are not limited to, the following:
Security Policy 141
Accessibility Policy 188
Prior to final execution of a Purchasing Entities’ contract with a Contractor, the Contractor’s
application(s) will be subject to a Security Design Review performed by Washington
Consolidated Technology Services to ensure compliance with Office of the Chief Information
Officer (OCIO) Security Policies.
4. LEASE AGREEMENTS: Leasing, renting, or purchasing equipment is not allowed throughout the term of
the Master Agreement.
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PARTICIPATING ADDENDUM – NO. 05116: CARAHSOFT TECHNOLOGY CORPORATION Page 4
11-1-2016)
5. PRIMARY CONTACTS: The primary contact individuals for this Participating Addendum are as follows (or
their named successors):
Contractor Participating State
Carahsoft Technology Corporation
1860 Michael Faraday Drive, Suite 100
Reston, VA 20190
State of Washington
Department of Enterprise Services
Contracts, Procurement and Risk Mgmt.
P.O. Box 41411
Olympia, WA 98504-1411
Contract Management
Attn: Bethany Blackwell
Tel: (703) 230-7453
Email: NAPSO@carahsoft.com
Legal Notice
Attn: Robert Moore, Vice President
Attn: Mike Dombrowsky
Tel: (360) 407-8717
Email: mike.dombrowky@des.wa.gov
6. FULFILLMENT PARTNER: All Contractor’s Distributors authorized in the State of Washington, as shown on
the dedicated Contractor NASPO ValuePoint website, are approved to provide sales and service
support to participants in the NASPO ValuePoint Master Agreement. The Contractor’s Distributor’s
participation will be in accordance with the terms and conditions set forth in the aforementioned
Master Agreement.
7. ORDERS: Unless the parties to the Order agree in writing that another contract or agreement applies
to such order, any Order placed by a Participating Entity or Purchasing Entity for a Product and/or
Service available from this Master Agreement shall be deemed to be a sale under (and governed by
the prices and other terms and conditions of) the Master Agreement as conditioned by this
Participating Addendum.
8. GENERAL:
a) INTEGRATED AGREEMENT; MODIFICATION. This Participating Addendum and Master Agreement,
together with its exhibits, set forth the entire agreement and understanding of the Parties
with respect to the subject matter and supersedes all prior negotiations and representations.
This Participating Addendum may not be modified except in writing signed by the Parties.
b) AUTHORITY. Each party to this Participating Addendum, and each individual signing on behalf
of each party, hereby represents and warrants to the other that it has full power and authority
to enter into this Participating Addendum and that its execution, delivery, and performance
of this Participating Addendum has been fully authorized and approved, and that no further
approvals or consents are required to bind such party.
c) ELECTRONIC SIGNATURES. A signed copy of this Participating Addendum or any other ancillary
agreement transmitted by facsimile, email, or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original executed copy of this
Participating Addendum or such other ancillary agreement for all purposes.
Page 255 of 704
PARTICIPATING ADDENDUM – NO. 05116: CARAHSOFT TECHNOLOGY CORPORATION Page 5
11-1-2016)
d) COUNTERPARTS. This Participating Addendum may be executed in one or more counterparts,
each of which shall be deemed an original, and all of which counterparts together shall
constitute the same instrument which may be sufficiently evidenced by one counterpart.
Execution of this Participating Addendum at different times and places by the parties shall not
affect the validity thereof so long as all the parties hereto execute a counterpart of this
Participating Addendum.
EXECUTED as of the date and year first above written.
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
CARAHSOFT TECHNOLOGY CORPORATION,
A MARYLAND CORPORATION
By: _______________________________ By: _______________________________
Scott Smith Robert Moore
Its: State IT Procurement Manager Its: Vice President
Page 256 of 704
CONTRACT NO. 05116 AMENDMENT NO. 1 Page 1
4-24-2017)
State of Washington
Contracts, Procurement, & Risk Management Division
Department of Enterprise Services
P.O. Box 41411
Olympia, WA 98504-1411
PARTICIPATING ADDENDUM AMENDMENT
Contract No.: 05116
NASPO No.: AR2472
Carahsoft Technology Corporation
1860 Michael Faraday Drive, Suite 100
Reston, VA 20190
Amendment No.: 1
Effective Date: July 1, 2017
FIRST AMENDMENT
TO
PARTICIPATING ADDENDUM
FOR
NASPO VALUEPOINT MASTER AGREEMENT NO. AR2472
STATE OF WASHINGTON CONTRACT NO. 05116
CLOUD SOLUTIONS
This First Amendment (“Amendment”) to the State of Washington’s Participating Addendum for NASPO
ValuePoint Master Agreement No. AR2472 and State of Washington Contract No. 05116 is made and
entered into by and between the State of Washington acting by and through the Department of Enterprise
Services, a Washington State governmental agency (“State”) and Carahsoft Technology Corporation, a
Maryland corporation (“Contractor”) and is effective as of July 1, 2017.
R E C I T A L S
A. Master Agreement No. AR2472 is a NASPO ValuePoint cooperative contract led by the State of
Utah.
B. The State and Contractor (collectively the “Parties”) entered into that certain Participating
Addendum effective August 1, 2017 pursuant to which the State of Washington and its authorized
purchasers could use the above referenced NASPO ValuePoint Master Agreement and State
Contract.
C. The amendment set forth herein is within the scope of the Participating Addendum.
D. The Parties now desire to amend the Participating Addendum as set forth herein.
A G R E E M E N T
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties
hereby agree to amend the Contract, as previously amended, as follows:
Page 257 of 704
CONTRACT NO. 05116 AMENDMENT NO. 1 Page 2
4-24-2017)
1. PAY EQUALITY. The Participating Addendum is amended to add the following section:
3.7. PAY EQUALITY. Contractor represents and warrants that, as required by Washington
state law (Laws of 2017, Chap. 1, § 147), during the term of this Participating Addendum
for the time period of July 1, 2017 through June 30, 2019, it agrees to equality among its
workers by ensuring similarly employed individuals are compensated as equals. For
purposes of this provision, employees are similarly employed if the individuals work for
the same employer, the performance of the job requires comparable skill, effort, and
responsibility, and the jobs are performed under similar working conditions. Job titles
alone are not determinative of whether employees are similarly employed. Contractor
may allow differentials in compensation for its workers based in good faith on any of the
following: a seniority system; a merit system; a system that measures earnings by
quantity or quality of production; a bona fide job-related factor or factors; or a bona fide
regional difference in compensation levels. A bona fide job-related factor or factors may
include, but not be limited to, education, training, or experience, that is: consistent with
business necessity; not based on or derived from a gender-based differential; and
accounts for the entire differential. A bona fide regional difference in compensation level
must be consistent with business necessity; not based on or derived from a gender-based
differential; and account for the entire differential. Notwithstanding any provision to the
contrary, upon breach of warranty and Contractor’s failure to provide satisfactory
evidence of compliance within thirty (30) days, Enterprise Services may suspend or
terminate this Participating Addendum and any Purchaser hereunder similarly may
suspend or terminate its use of the Participating Addendum and/or any agreement
entered into pursuant to the Participating Addendum.
2. NO CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Participating Addendum is
unaffected and remains in full force and effect.
3. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutes the entire agreement and
understanding of the Parties with respect to the subject matter and supersedes all prior
negotiations and representations. In the event of any conflict between this Amendment and the
Participating Addendum or any earlier amendment, this Amendment shall control and govern.
This Amendment may not be modified except in writing signed by the Parties.
4. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each party,
hereby represents and warrants to the other that it has full power and authority to enter into this
Amendment and that its execution, delivery, and performance of this Amendment has been fully
authorized and approved, and that no further approvals or consents are required to bind such
party.
5. ELECTRONIC SIGNATURES. A signed copy of this Amendment or any other ancillary agreement
transmitted by facsimile, email, or other means of electronic transmission shall be deemed to
have the same legal effect as delivery of an original executed copy of this Amendment or such
other ancillary agreement for all purposes.
Page 258 of 704
Mike Dombrowsky
IT Contracts Consultant
11/08/2017
Page 259 of 704
Page 260 of 704
The link to the entire Carahsoft Master Agreement is as follows:
https://egov-pasco.com/weblink/DocView.aspx?id=1045531&dbid=0
Page 261 of 704
AGENDA REPORT
FOR: City Council November 28, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Adam Lincoln, City Manager
Executive
SUBJECT: Cancellation of December 12, 19, and 27 2022, Regularly Scheduled
Council Meetings
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the cancellation of the December 12th and 27th
Council Workshop Meetings and December 19th Council Regular Meeting.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The City Council has historically cancelled the second regular December
meeting of the City Council and the two December workshop meetings. When
there has been a need to meet, a special meeting has been scheduled at the
convenience of the Council. The Council agendas for the October and November
meetings were increased, as well as the agenda for tonight's meeting to bring to
conclusion the 2022 Council work plan.
V. DISCUSSION:
The meeting and workshop dates for December include the December 20th
Regular Meeting and December 13th and 27th Workshops. There are no items
pending for these dates.
Staff requests Council consideration and approval of the motion as presented.
Page 262 of 704
AGENDA REPORT
FOR: City Council December 2, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: General Fund Monthly Report - August - October 2022
I. REFERENCE(S):
General Fund Report
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
N/A
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Attached is the General Fund financial update from August through October
2022.
The General Fund is a major fund of the City. It is the primary governmental fund
of the City and reflects all revenues and expenditures not accounted for in
another fund. The administration provides quarterly reports to Council for other
funds.
V. DISCUSSION:
Please view the attached report for details. Access to the Financial Dashboard
remains a work in progress. Staff requests and appreciated Council
understanding as we work through gaining access.
Page 263 of 704
October 2022
Monthly
General Fund
Report
Prepared by Darcy Buckley, Finance Director
Page 264 of 704
Permit Type 2021 Count 2021 Permit
Value 2022 Count 2022 Permit
Value
Commercial 389 $107,440,235 476 $113,797,586
Industrial 21 $271,520,559 56 $47,907,101
Mobile Homes 11 $618,081 12 $1,378,886
Residential 2,029 $109,333,194 1,922 $110,514,142
Total 2,450 $488,912,069 2,466 $273,597,715
Overview
The intent of this report is to provide an overview of activity in the City's General fund through
the month ended October 31, 2022.
General Fund Financial Report / Page 2
There are various economic
factors that reflect the
community's economic health
and subsequently impact the
vitality of the General Fund.
One such factor is permit
activity. It demonstrates not
only the growth and
attractiveness of the
community but also increased
revenue from building-related
sales tax activity.
The table above reflects year-to-date activity for the years 2021 and 2022. All permitted activity
in the City is included in these totals whether a small or larger scale improvement or new
construction. In comparing the totals through October of the two years, while the count of
permits issued is very similar, the value of permits issued is very different. The decreased value
is reflected in one category, Industrial. In 2021, if considering only permits valuing over $10
million dollars, the added permitted value accounted for $230 million. All other categories of
permits reflect 2022 YTD permit values over 2021 YTD permit values through October.
Through October by Permit Subtype the greatest increase over 2021 figures in permit count was
in multi-family category (10 in 2022, 1 in 2021). Additionally, Residential Accessory Dwellings
permits increased 300% (8 in 2022, 2 in 2021). While the number of permits for Single Family
Dwellings is lower (237 in 2022, 332 in 2021), permits for Residential Major Alterations is
increased (369 in 2022, 165 in 2021). Perhaps indicative of future permitting, Commercial
Demolition permits have increased 70% (17 in 2022, 10 in 2021).
Year to Date
Page 265 of 704
The sales tax rate for the City of Pasco residents is 8.7%.
The City government receives a share of Regular and
Optional sales tax (1%), Criminal Justice (0.1%), and Public
Safety (0.3%). Taxes that make up the majority of the 8.7%
rate are distributed to the State and to Franklin County.
The City receives 85% of the 1% Regular and Optional sales
tax. Criminal Justice and Public Safety sales tax is
distributed to the City by Franklin County based on
different distribution methods prescribed by State of
Washington laws and weighted by population.
Growth in the commercial base of the City is providing
residents the opportunity to spend their income within the
community, resulting in City's ability to provide services at
affordable rates in the future. Similarly, in a landmark case
known as South Dakota v. Wayfair, Supreme Court decided
that retail businesses no longer had to have a physical
presence in a state to be potentially liable to collect state
sales taxes. The enactment of this law coupled with
increased online purchasing has helped the City meet and
exceed its revenue goals.
The City also benefitted from construction sales tax
generated from major permitting activities, especially
construction by large commercial and industrial partners.
These taxes are one-time in nature but the City anticipates
more of these projects to help increase its sales tax base for
the next 2-4 years.
Sales Tax
General Fund Financial Report / Page 3 Page 266 of 704
The City charges 8.5% on utility revenues. Included in this
category are electric, water, sewer, natural gas, telephone,
garbage, reuse facility, and stormwater services.
The adjoining graph shows the activity in utility taxes over the last
four years. Utility taxes based on consumption, like water or
electric sales, are influenced by weather and energy-efficient
technology. This category does not always grow proportionally
with population growth. Utility tax makes up the third-largest tax
revenue for the General Fund.
Utility tax revenues for electric service is the largest contributor,
approximately three times higher than any other type. Through
October 2022, year to date electric tax revenue is 12% greater
than that receipted in 2021.
Utility Tax
General Fund Financial Report / Page 4
Sales Tax
Regular and Optional Sales Tax
The sales tax for 2021 at $18.6 million, an increase of 24% over the prior year. Staff is estimating
close to $20 million in sales taxes for 2022. There is a two-month delay in the distribution of sales tax
from the time of purchase. As the impact of inflation increases sales cost, inflation initially increases
sales tax revenue. However, the long term effect of higher costs and thereby, less discretionary
income for residents has the potential to negatively impact economic activity. The graph above shows
the significant growth in sales taxes over the last four years.
Public Safety and Criminal Justice Sales Tax
Public Safety and Criminal Justice sales tax follow the same trend as Regular and Optional sales tax.
However, these taxes are allocated to cities on a per capita basis and changes in population pattern
could affect the City's portion. Staff projects $3.7 million in sales for the year 2022.
Page 267 of 704
Category Name Budget - Before
Supplement
Actual as of
October 31,
2022
Received
Supplemental
Budget
Request
Taxes
Retail Sales Tax 31,602,922 33,402,930 106%7,000,000
Utility Tax 23,947,157 20,539,882 86%0
General Property Tax 23,554,637 21,915,892 93%0
Retail Sales Tax - Public Safety & Criminal
Justice 6,712,824 7,444,179 111%1,754,000
Other Tax 2,342,780 2,248,065 96%0
Licenses & Permits 5,806,781 6,148,110 106%1,250,000
Intergovernmental 16,498,204 8,844,067 54%0
Charges for Goods and Services 17,898,565 17,082,903 95%0
Fine and Penalties 2,066,354 1,741,016 84%0
Miscellaneous 4,591,272 1,840,882 40%0
Debt Principal 586,528 4,225,074 720%0
Transfers and Subsidy - Revenue 1,269,762 803,848 63%0
Total 136,877,786 126,236,850 92%10,004,000
Revenue
As of October month-end, the elapsed time is 91%. Revenue receipt for the same period is 92%. As
displayed above sales tax revenue is over the budgeted total. This revenue total is representative of
tax for purchases through end of August 2022. Timing for some utility tax revenue is one month
delayed making the percentage of receipt slightly underreported. Through October 2022, General
Property Tax is five percent higher than 2021 collections. Staff anticipates all budgeted revenue to
be received by the end of the year. Included in the supplemental budget request presented to
Council in December is an increase of the budgeted amount for sales taxes as well as licenses and
permits.
Intergovernmental funds are mainly related to grants and do not follow a linear spending trajectory.
Miscellaneous revenue is mainly under target due to the timing of an anticipated sale of assets.
Debt principal payments received are representative of interfund loan repayment tied to Local
Improvement District 150, Chapel Hill. The speed of repayment is influenced by house sales.
General Fund Financial Report / Page 5 Page 268 of 704
Category Name Budget - Before
Supplement
Actual as of
October 31,
2022
Spent
Supplementa
l Budget
Request
Transfers and Subsidy - Expense 26,481,405 23,817,424 90%0
Salaries and Wages 52,308,610 44,866,168 86%0
Personnel Benefits 17,863,243 15,294,232 86%0
Supplies 4,989,649 3,760,831 75%0
Services 36,693,397 34,792,122 95%344,000
Capital Outlays 4,670,805 323,398 7%362,400
Debt Principal 4,970,273 4,113,923 83%0
Debt Interest 2,095,250 1,581,461 75%0
Total 150,062,032 128,549,559 86%706,400
Expenses
As of October month-end, the elapsed time is 91%. As payroll processing is spread over 26
pay periods annually, the elapsed time differs slightly from a month-to-year comparison. As
categories of expenditures, services is the only category where year-to-date spending is
greater than elapsed time expectation. Appropriation authority spans the Fund and is not line
item, or type of expense, based. Therefore, supplemental budget requests include two
unexpected items, the purchase of a reserve fire engine and costs associated with the City's
assumption of the Animal Control and Services function. Otherwise, no significant variance is
expected.
General Fund Financial Report / Page 6 Page 269 of 704
General Fund Financial Report / Page 7
Capital
Projects
M AJOR P RO J ECTS IN PROGR ESS
General Fund provides support for
capital projects on a regular basis. The
fund also retains all Limited Tax General
Obligation bonds proceeds and transfers
those proceeds to General Construction
Fund as needed per the accounting
standards.
Fire Station 85 - Design and site work for
future Fire Station 85 site. $0.5 million
budget for 2021-2022 biennium.
Between end of July and through
October of 2022, the project work
recorded occurred for transportation
projects, the largest of which was Lewis
Street Overpass, Fire Station 85, paving
at the parking lot on the former
Thunderbird Motel location, and work to
improve wayfinding.
Page 270 of 704
General Fund Financial Report / Page 8
Financial
Outlook
Before any consideration of potential
supplemental budget adjustments, planned
activity in this biennium was to result in a net
deficit of approximately $14 million. The
timing of construction activity related to large
construction projects have positively affected
construction sales tax and permitting
revenues. While any deficit is an area of
concern; the remaining remaining deficit of
approximately $4 million is covered by
reserves that include prior years' surpluses
and LTGO Bond proceeds. The General Fund
reserve at year end is anticipated to be
approximately $28 million.
D UR ING T HIS BIENNIU M
STRONG COMMERC IAL AND
IND US TRIAL
C ONS T RUCTION CO UP LE D
WI TH ECO NOMIC ACTIVI T Y
H A VE SU PP O RT ED R E V E N U E
GR OW T H .
L A RG E S C A L E C A P IT A L
PR O J EC T S , T H E IM PA CT O F
IN FLA T IO N , A N D
M A N A GI N G S T A F FI N G
SU PP O R T P RU DE N T LY
R E LA TE D TO G RO W I N G
D E MA N D F OR C IT Y
SE RVICE S W ILL REQUIRE
C A RE FUL PR IORITIZ ATION
AND M ONITORIN G .
In preparing for the coming years, the City
continues planning efforts to identify long-
term needs and means to fund them with
the least impact on the community. Part of
this process in 2023 is the preparation of a
General Fund Long - Term Financial
Planning. The goal of this plan is to assess
future community needs and the related
demands on the General Fund.
Also part of planning efforts, beginning in
2022, various studies related to fee
structure continue, especially where
growth is driving cost of project. Those
studies include fire and traffic impact fees
and
capital expansion fees for utilities. Staff
continues to look for opportunities to gain
grant funding or low-interest loans to
support community benefiting projects or
operations.
Page 271 of 704
GENERAL FUND FINANCIAL REPORT / PAGE 9
SPOOKYSPOOKYSPOOKYHALLHALLHALL
Page 272 of 704
AGENDA REPORT
FOR: City Council November 29, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Darcy Buckley, Director
Finance
SUBJECT: Public Hearing and Ordinance No. 4626 - Approval of 2021-2022 Budget
Supplement Operating & Capital Projects Budgets
I. REFERENCE(S):
Ordinance
2021-2022 Budget Supplement Details
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC HEARING
MOTION: I move to adopt Ordinance No. 4626, adjusting the 2021-2022 Biennial
Budgets of the City of Pasco by providing supplement thereto; by appropriating
revenue received in excess of estimated revenues for the current year and by
providing transfers and adjustment authority and, further, authorize publication
by summary only.
III. FISCAL IMPACT:
Revenue - Increase of $17,013,662
Expense - Increase of $10,407,270
Net Ending Fund Balance City-Wide Change - Improvement of $6,606,392
IV. HISTORY AND FACTS BRIEF:
The proposed budget supplement for revenues and expenditures includes
changes to capital project schedules and revenues and expenses that were
unanticipated or indeterminable at the time the 2021-2022 Biennial Budgets and
mid-biennium adjustment was prepared.
V. DISCUSSION:
Page 273 of 704
Each year, and recently each biennium, two budgets are proposed by staff and
subsequently adopted by Council. Throughout the budget timeframe it can
become necessary to increase expenses, typically related to Capital Projects.
Historically, a request for changes to budget authority has occurred at year end
in a one presentation, multiple items fashion. However, with the goals of
transparency and timely communication staff has changed procedure with the
past few years. This change has resulted in large scale budget adjustments,
especially for expenditures that will result in substantial budgetary impact, to be
requested at Council meetings throughout the year. Based on this change,
additional requests are primarily revenue related budgetary changes and
miscellaneous items. Miscellaneous items can be defined as those events that
have not had a unique need during the year for Council attention and smaller
scale expense increase requests. Miscellaneous items are left for yearend
consideration as the desire for transparency and communication can be offset
by consideration of a busy Council calendar.
A detailed list of proposed adjustment is attached, some of the highlights are as
follows:
General Fund - Expenses increase of $706,400. This increase is the
result of two items. The first completes Resolution No. 4199. This
resolution supported purchase of a fire apparatus totaling $362,000.
While the Equipment Replacement Fund was provided authority for the
expenditure, the necessary transfer from General Fund for support did not
accompany. The second request for increased expense budgetary
appropriation is tied to the City's assumption of Animal Control Shelter
operations in the amount of $344,000. Revenues for the General Fund
are requested to be increased by $8,754,000 in tax proceeds and
1,250,000 in permit related revenue.
Community Development Block Grant (CDBG) Fund - Increase
budget expense authority for payment of Section 108 Loan, Peanuts Park
Improvements, $522,404. This figure includes a loan origination fee and
two years (2021 and 2022) debt service on the loan. The loan was
initiated following the 2021-2022 budget adoption. The budget was not
increased in 2021 to cover that year's excess spending over budget.
Another $200,940 in rehabilitation loans expense request is reflected for
appropriations of fund. Future revenue will reimburse these loans.
Local Improvement District Fund - An increase in Local Improvement
District (LID) revenue of $104,991 is requested related to rapid payoff of
LID assessments. In response, expenses to remit payoff is increased by
97,628.
Golf Course Fund - Beginning in 2022, a new lease and resulting
operation model for the Sun Willows Golf Course was agreed upon
between the City and Course Co. Reflective of the new lease, expenses
in the Golf Fund can be decreased by $1,706,000. Revenue budgetary
expectations shall be decreased by $1,708,500.
Page 274 of 704
Rivershore Trail & Marina Maintenance Fund - Increase expense
appropriation authority by $125,500 to cover emergency response, clean-
up, and removal efforts on Dock B related to storm damage. Revenue
budget in relation to this item will be increased by $81,000 and partially
offset the expense side increase.
Special Lodging Assessment Fund - Increase in both expenditure
appropriations and revenue, $383,136. Reflects increase in Tourism
Promotion Area proceed revenue that is subsequently passed on to Visit
Tri-Cities.
Park Development Fund - Request of expenditure authority increase of
163,000 per change in year of project timing for A Street Phase One in
2022.
Economic & Industrial Development Fund - Request increase in
expense authority related to increase budget for Process Water Reuse
Facility Improvement Phase 2 project in the amount of $348,300.
General Capital Improvement Projects Fund - This fund is used to
complete non-utility capital projects. All projects currently authorized in
2021-2022 Capital budget with remaining budget as of 12/31/2022 closing
will be carried over to new biennium. Staff will return to Council with a
request for carryover authority specific to capital project budgets. For this
biennium, one increase is requested. It is related to the A Street Phase
One project noted above in the Park Development Fund. Park
Development Fund supplies the funding to the Capital Improvement
Projects Fund. Capital Improvement Project Fund reflects the associated
cost of the construction.
Water/Sewer Utility Fund - The Water/Sewer Utility Fund requests
budgetary expense and revenue increases related to an internal loan from
the Water Fund to the PWRF Fund. The loan, $5.2M was repaid in 2022.
This repayment was not budgeted. Requested is an increase in expense
authority to recognize the repayment out of PWRF and an increase in
revenue to match repayment to Water Fund.
Equipment Rental Operations Fund (Governmental) - Request for
expense appropriation increase of $1,073,000. This increase is the result
of inflationary impact in supplies totaling $528,726. Additionally, due to
workload demands exacerbated by staffing shortages it was necessary to
outsource some repair work. This action equated to increased cost of
544,274. Offsetting this expense increase is a budgetary revenue
increase of $544,274.
Equipment Rental Replacement Fund (Utility) - Request for expense
appropriation increase of $76,000 as caused by increased fuel costs.
Offsetting this expense increase is the request for a budgetary revenue
increase of $76,000.
Medical/Vision Benefits Funds - Similar to the CDBG Fund the
expenses of year 2021 exceeded budgetary expectation through
biennium expectation. However, during the mid-biennium adjustment no
change was requested. For year 2022, expenses remain on trend with
Page 275 of 704
2021 recognition. Request is to increase the revenue budget for the fund
by $1,637,035 and expense budget by $2,193,962.
Pasco Public Facilities District Fund - The District performed a
successful election in 2022 that will support construction of an Aquatic
Center. Tax proceeds associated with the endeavor are not assessed and
collected until 2023. The City has supported this effort and will finalize an
interfund loan agreement at the beginning of 2023. Determination of the
total amount and terms of loan are dependent on various factors currently
being evaluated. The City's budget adjustment is contingent upon action
of the Pasco Public Facilities District Board at their December meeting.
Their approval of budgetary increase will cause Council's approval to be
complete.
Details on all funds provided in the 2021 -2022 Budget Supplement Details
attachment.
In total, the proposed supplement reflects increases in revenues and expenses
of $17.0M and $10.4M respectively.
Page 276 of 704
Ordinance – 2021-2022 Budget Supplement - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE 2021-2022 BIENNIAL BUDGETS OF THE CITY OF PASCO
BY PROVIDING SUPPLEMENT THERETO; BY APPROPRIATING
REVENUE RECEIVED IN EXCESS OF ESTIMATED REVENUES FOR THE
CURRENT YEAR AND BY PROVIDING TRANSFERS AND ADJUSTMENT
AUTHORITY.
WHEREAS, subsequent to due notice and public hearing thereon, the City Council for
the City of Pasco has approved an amendment to Operating and Capital Projects Budgets for the
2021-2022 Biennium.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to RCW 35A.34.200, the 2021-2022 Operating and Capital
Projects Budgets be and the same is hereby amended to provide for the following adjustments to
revenues, transfers in, expenditures, and transfers out by providing authority for any necessary
transfer of money within or between funds indicated, and their subsequent impact to end fund
balance.
Fund Revenue Expense
Net
Change
GENERAL FUND 10,004,000 706,400 9,297,600
COMMUNITY DEVELOPMENT GRANT FUND 0 723,344 (723,344)
LOCAL IMPROVEMENT DISTRICT 104,991 97,628 7,363
GOLF COURSE (1,708,500) (1,706,000) (2,500)
RIVERSHORE TRAIL & MARINA MAINTENANCE FUND 81,000 125,500 (44,500)
SPECIAL LODGING ASSESSMENT FUND 383,136 383,136 0
PARK DEVELOPMENT FUND 0 163,000 (163,000)
ECONOMIC & INDUSTRIAL DEVELOPMENT FUND 0 348,300 (348,300)
GENERAL CAPITAL IMPROVEMENT PROJECTS FUND 163,000 163,000 0
WATER / SEWER UTILITY FUND 5,200,000 5,200,000 0
EQUIPMENT RENTAL OPERATIONS FUND -
GOVERNMENT TYPE 1,073,000 1,073,000 0
EQUIPMENT RENTAL REPLACEMENT FUND -
PROPRIETARY TYPE 76,000 76,000 0
MEDICAL/VISION BENEFITS FUND 1,637,035 2,193,962 (556,927)
PASCO PUBLIC FACILITIES DISTRICT FUND 0 860,000 (860,000)
Total $ 17,013,662 $ 10,407,270 $ 6,606,392
Page 277 of 704
Ordinance – 2021-2022 Budget Supplement - 2
Section 2. That the additions in appropriations and expenditures are hereby declared
to exist in the above funds for the said uses and purposes as shown above and the proper City
officials are hereby authorized and directed to issue warrants and transfer funds in accordance
with the provision of the Ordinance.
Section 3. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
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
Published: ______________________
Page 278 of 704
Increase Decrease Increase Decrease Net Change Description
8,754,000 - - - 8,754,000 Increase tax revenue related to forecast actual year end total
1,250,000 - - - 1,250,000 Increase permit revenue related to forecast actual year end total
362,400 - (362,400) Support Resolution 4199 - Purchase of Pierce Apparatus
344,000 - (344,000) Assume Operations Role of Animal Control Shelter
10,004,000 - 706,400 - 9,297,600 Net Change General Fund
200,940 (200,940) Rehabilitation Loans - Volume issued increased. Future years will recognize repayment.
380,000 - (380,000) Section 108 debt principal
84,386 (84,386) Section 108 loan origination fee
58,018 - (58,018) Section 108 debt interest
723,344 - (723,344) Net Change Community Development Block Grant
104,991 - - - 104,991 Increase related to payoff of LID balances
97,628 - (97,628) Increase related to payoff of LID balances
104,991 - 97,628 - 7,363 Net Change Local Improvement District
1,708,500) - - (1,708,500) Decrease do to new contract Sun Willows leasing Golf Course
1,706,000 1,706,000 Decrease do to new contract Sun Willows leasing Golf Course
1,708,500) - 1,706,000 (2,500) Net Change Golf Course
81,000 - - - 81,000 DockB storm damage clean-up - FEMA
125,500 - (125,500) DockB storm damage clean-up. Partial offset from FEMA.
81,000 - 125,500 - (44,500) Net Change Marina
383,136 - - - 383,136 Increase in TPA revenue passed on to Visit TC. Offset by increase in revenue
383,136 - (383,136) Increase in TPA revenue passed on to Visit TC. Offset by increase in expenses
383,136 - 383,136 - - Net Change Lodging Tax
163,000 - (163,000) A Street Phase Construction - Per request in CIP
163,000 - (163,000) Net Change Park Development Fund
348,300 - (348,300) Process Water Reuse Facility Improvement Phase 2 Change
348,300 - (348,300) Net Change Economic Development Fund
163,000 - - - 163,000 A Street Phase Construction - Per request in CIP from Park Devlp.
163,000 - (163,000) A Street Phase Construction - Per request in CIP
163,000 - 163,000 - - Net Change Capital Improvement Fund
5,200,000 - 5,200,000 - - Intercity loan repayment - reimbursement not included in budget
5,200,000 - 5,200,000 - - Net Change to Water/Sewer Utility Fund
Revenue Expense
nu\Finance\~ New Sharedrive\Budget\Actual Budget\2023-2024\To Council\2022 Budget Supplements - Master List To Council PDF Need BudgetAdjustmentsPage
Revenue Expense
Increase Decrease Increase Decrease Net Change Description
1,073,000 - - - 1,073,000 Increase revenue for interfund services provided
528,726 (528,726) Increase expenses - inflationary impact on supplies
544,274 - (544,274) Increase expenses - impact of outsource maintenance and repairs
1,073,000 - 1,073,000 - - Net Change Equipment Fund (Govt)
76,000 - 76,000 Increase revenue - passthrough of fuelcharges
76,000 - (76,000) Increase expenses - Increased fuel costs
76,000 - 76,000 - - Net Change Equipment Fund (Utilities)
1,637,035 - - - 1,637,035 Increase revenue for interfund services provided
2,193,962 (2,193,962) Increase expenses for claims
1,637,035 - 2,193,962 - (556,927) Net Change Benefits (Medical/Vision)
860,000 - (860,000) Increase cost for PPFD Election. Planning for Year 2023 project. Will be repaid with tax collection.
860,000 - (860,000) Net Change Pasco Public Facilities District
18,722,162 (1,708,500) 12,113,270 1,706,000 6,606,392 Total City-wide Budgetary Adjustment Request - Improvement to Fund Balances, 12/31/2022
Revenue Expense
nu\Finance\~ New Sharedrive\Budget\Actual Budget\2023-2024\To Council\2022 Budget Supplements - Master List To Council PDF Need BudgetAdjustmentsPage
AGENDA REPORT
FOR: City Council December 1, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Public Hearing - Right-of-Way Vacation for Snake River Agriculture LLC
VAC 2022-006)
I. REFERENCE(S):
Survey
Overview Map
Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC HEARING
MOTION: I move to deny a request to vacate a portion of South Oregon Avenue
located at the southeast corner of East "A" Street and South Oregon Avenue ;
and further; authorize publication by summary only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
Snake River Agriculture LLC, has submitted a request to vacate a portion of
South Oregon Avenue located at the southeast corner of East "A" Street and
South Oregon Avenue. The proposed vacation contains approximately one
fourth of an acre.
V. DISCUSSION:
Staff's concern at this point is the uncertainty of the effects of increasing truck
traffic from the new industrial developments to the east (Amazon/Tarragon/Local
Bounti) and its impact on this intersection. A potential for future improvements to
accommodate higher traffic and truck volumes is likely at some future point.
Page 281 of 704
In addition, Public Works has a federally funded capital project with
improvements proposed generally adjacent the proposed vacation which may
require an easement. Assuming that is the case, vacation of the right-of-way
would impact this project’s cost and schedule, since a federal process for
acquiring an easement on the vacated area would be required.
Based on the concerns cited, Staff recommends denial of this right -of-way
vacation request at this time.
Page 282 of 704
EXHIBIT A
RIGHT OF WAY VACATION
LOCATED IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32 OF TOWNSHIP
9 NORTH IN RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN
COUNTY, WASHINGTON.
FOUND 2 1 2" B.O.R. BRASS
CAP IN CASE @ INTX. WEHE & "
A" ST., MOSTLY ILLEGIBLE
CITY OF PASCO-ID: 56
F
EXISTING
CURB & \
GUTTER"
PBS
29
R/W
VACATION
12,150 S.F.
0.28 AC.
PBS Engineering
and
Environmental Inc.
pbsusa.com
00
00I")
Ol !J.lOllX)
Ol
N N
b0l/)
DRAWN BY: OWN
CHECKED BY: ADM
FOUND 3" BRASS
CAP @ INTX. OF "
A"ST & ELM -
CENTER PUNCH
ONLY, ILLEGIBLE
S89"44'05"W 1321.19'
E.ASTREET
Scale 1" = 60'
I 13060
08/26/2022
120
1321.94' .;;.;.;..;;..;.. _____ -(co
FOUND 5 8" REBAR NO
CAP @ CL DIRT ROAD
SCALE: 1" = 60' DATE: 08/26/2022
PROJECT NO.: 663!!1.000 SHEET _1_ OF _2_
Page 283 of 704
EXHIBIT A
RIGHT OF WAY VACATION
LOCATED IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32 OF TOWNSHIP
9 NORTH IN RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN
COUNTY, WASHINGTON.
LEGAL DESCRIPTION
A PORTION OF RIGHT OF WAY, LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 32, TOWNSHIP 9 NORTH, RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, IN
THE CITY OF PASCO, COUNTY OF FRANKLIN, STATE OF WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32 BEING A FOUND 2 1 /2" BUREAU
OF RECLAMATION BRASS CAP IN CASE; THENCE SOUTH 00"24'18" EAST ALONG THE EASTERLY
SECTION LINE OF SAID SECTION 32 A DISTANCE OF 40.00 FEET TO THE INTERSECTION WITH THE
SOUTHERLY RIGHT OF WAY MARGIN OF EAST "A" STREET; THENCE SOUTH 00"24'18" EAST
CONTINUING ALONG SAID EASTERLY SECTION LINE A DISTANCE OF 3.01' TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 00"24'18" EAST CONTINUING ALONG SAID EASTERLY SECTION LINE A DISTANCE OF
296.99 FEET; THENCE SOUTH 89"44'04" WEST LEAVING SAID EASTERLY SECTION LINE A DISTANCE
OF 16.99 FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE LEFT,
HAVING A RADIUS OF 1,482.31 FEET; THE RADIUS POINT OF WHICH BEARS SOUTH 80"52'31"
WEST; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 195.84 FEET, WITH A DELTA
ANGLE OF 07"34'12", A CHORD BEARING OF NORTH 12"54'35" WEST, AND A CHORD LENGTH OF
195.70 FEET TO A POINT OF REVERSE CURVATURE TURNING TO THE RIGHT, HAVING A RADIUS OF
85.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 135.20 FEET, WITH A
DELTA ANGLE OF 91"07'50", A CHORD BEARING OF NORTH 28"52'20" EAST, AND A CHORD
LENGTH OF 121.39 FEET TO THE TRUE POINT OF BEGINNING.
HAVING AN AREA OF 12, 150 SQUARE FEET, 0.28 ACRES, MORE OR LESS.
LINE TABLE
LINE BEARING DISTANCE
L1 S89'44'04"W 16.99'
L2 S00'24'18"E 3.01'
L3 S00"24'18"E 40.00' 08/26/2022
CURVE TABLE
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE
C1 1482.31' 195.84' 195.70' S12'54' 35"E 7"34'12"
C2 85.00' 135.20' 121.39' N28·52•2o"E 91 "07'50"
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CHECKED BY: ADM
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PROJECT NO.: 66381.000
DATE: 08/26/2022
SHEET _2_ OF --2_
Page 284 of 704
Item:South Oregon Avenue Street Right-of-Way Vacation
App1icant(s):Snake River Agriculture c/0 Steve West
File #:VAC 2022-006
Overview
Vicini Item:South Oregon Avenue Street Right-of-WayVacationtyApp1icant(s):Snake River Agriculture c/0 Steve West
lag is..--=...":..___.
AGENDA REPORT
FOR: City Council November 29, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Public Hearing and Ordinance No. 4627 - Approval of Alford/Cole
Annexation (ANX 2022-003)
I. REFERENCE(S):
Ordinance
Overview Map
Vicinity Map
Notice of Intent to Commence Annexation
Assessor's Certification
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC HEARING
MOTION: I move to adopt Ordinance No. 4627, relating to annexation and
annexing certain real property to the City of Pasco, and further, authorize
publication by summary only.
III. FISCAL IMPACT:
The addition of $1,154,000 to the total assessed value of the City, providing for
future developable land within the current Urban Growth Area and the
commensurate responsibility of providing government services to development.
IV. HISTORY AND FACTS BRIEF:
The owners of property located at the east end of Kau Trail Road, located east
of Road 68 between Deseret Drive and Kau Trail Road have submitted a Notice
of Intent to Commence Annexation.
The Notice of Intent has been reviewed by staff and has been determined to
contain sufficient signatures to initiate the annexation process.
Page 287 of 704
On September 6, 2022, Council approved Resolution No. 4242, accepting a
Notice of Intent to commence annexation and determined the City
therequirenotwillacceptproposedthegeographicallyannexation;
simultaneous adoption of a proposed zoning regulation; and will require the
assumption of all or any portion of existing City indebtedness by the area to be
annexed.
On September 14, 2022, the City received a petition containing the signatures
of property owners representing at least sixty (60) percent of the assessed value
of an area proposed for annexation. On September 19, 2022, the County
Assessor certified that the petition contained the signatures of property owners
representing one hundred (100) percent of the assessed value of the proposed
annexation area.
V. DISCUSSION:
The proposed annexation will cause the area in question to be annexed to the
City subject to the following conditions:
1. The Pasco Comprehensive Plan will be applicable to the area.
2. The annexation area will assume proportionate and existing bonded
indebtedness.
3. The annexation area will be assigned to City Council District No. 4.
The Hearing Examiner will conduct a zoning determination hearing for the
proposed annexation area at a date not yet determined. The Hearing Examiner
recommendation will come to Council as a quasi-judicial item at the conclusion
of the public hearing process for the zoning.
Page 288 of 704
Ordinance – Alford/Cole Annexation (ANX 2022-003) - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO WASHINGTON,
RELATING TO ANNEXATION AND ANNEXING CERTAIN REAL
PROPERTY TO THE CITY OF PASCO.
WHEREAS, the City Council of the City of Pasco received a petition application
completed by the Madden D. & Beverly M. Alford A B Living Trust and Sharon K. Cole, owners
of no less than ten (10) percent of certain property on July 1, 2022, meeting the requirements of
RCW 35A.14.120; and
WHEREAS, a public meeting with the initiating parties on the proposed annexation
application was held on September 6, 2022, wherein City Council passed Resolution No. 4242,
accepting the intent to annex, determining the property will be required to assume all proportionate
bonded indebtedness, determining that simultaneous zoning will not be required, and determining
the property to be annexed as set forth in Section 1 below (Property); and
WHEREAS, the City received a petition signed by not less than sixty (60) percent owners
of the Property; and
WHEREAS, the petition meets the requirements of RCW 35A.01.040 and was certified to
be sufficient by the Franklin County Assessor on September 19, 2022, incorporated herein by this
reference; and
WHEREAS, notice of the public hearing on the proposed annexation was published and
posted as required by law; and
WHEREAS, a public hearing on the annexation was held on December 5, 2022; and
WHEREAS, the proposal is consistent with the Franklin County Comprehensive Plan, and
annexation of the property is found to be in the public interest.
Page 289 of 704
Ordinance – Alford/Cole Annexation (ANX 2022-003) - 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the following described area, situated in Franklin County, Washington to-
wit:
Franklin County Assessor’s Tax Parcels Nos. 115130055 and 115130046, as
described below:
THAT PORTION OF SECTIONS 4 OF TOWNSHIP 9 NORTH RANGE 29
EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SECTION 4,
TOWNSHIP 9 NORTH RANGE 29 EAST, W.M; THENCE SOUTH ALONG
THE EAST LINE OF SAID SECTION 4 TO THE INTERSECTION WITH THE
NORTH RIGHT OF WAY LINE OF KAU TRAIL ROAD; THENCE WEST
ALONG THE NORTH RIGHT OF WAY LINE OF KAU TRAIL ROAD TO THE
INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF ROAD 70:
THENCE NORTH ALONG SAID RIGHT-OF-WAY LINE TO THE
INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE EAST TO
THE POINT OF BEGINNING.
SITUATED IN FRANKLIN COUNTY, STATE OF WASHINGTON;
COMPRISING 20.77 ACRES, MORE OR LESS.
Together with and subject to Easements, Reservations, Covenants, and Restrictions, of
record and in View, as depicted in the map attached hereto and labeled Exhibit A and the same is
hereby annexed to the City of Pasco, Washington and is hereby declared to be within the corporate
limits of the City of Pasco.
Section 2. That the Comprehensive Plan of the City of Pasco be and the same is hereby
adopted for the above-described tract of land.
Section 3. That said tract of land shall be required to assume all proportionate and existing
bonded indebtedness of the City of Pasco.
Section 4. That said tract of land shall be in Voting District No. 4.
Section 5. That a certified copy of this Ordinance be and the same shall be filed with the
Franklin County Commissioners.
Page 290 of 704
Ordinance – Alford/Cole Annexation (ANX 2022-003) - 3
Section 6. If any portion of this Ordinance is declared invalid or unconstitutional by any
court of competent jurisdiction, such holding shall not affect the validity of the remaining
portion(s) of the Ordinance.
Section 7. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
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
Published: ________________________
Page 291 of 704
SALMONDRTHREERIVERSDRBAKERLOOLNMONTEREYDRORIOLELNLA SALLEDRBEA C
ON ROC
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CHEHALISDRSALMONDRTHREE RIVERS DRJOHNSONDRMONTEREYDRLASALLEDRSNOQUALMIE
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60BURNS RDKAU TRAIL RDROAD
PETITION FOR ANNEXATION TO THE CITY OF PASCO
TO: The City Council ofthe City of Pasco
525 North Third Avenue
Pasco, Washington 99301
The undersigned, being the owners of not less than sixty percent (60%), in value,
according to the assessed valuation for general taxation, of the real property described in
Exhibit "A" attached hereto, lying contiguous to the City of Pasco, Washington, do hereby
petition that such territory be annexed to and made a part of the City of Pasco under the
provisions of RCW 35.14.120, et seq., and any amendments thereto, of the State of
Washington.
The territory proposed to be annexed is within Franklin County, Washington, and is
described in Exhibit "A," attached hereto.
WHEREFORE, the undersigned respectively petition the Honorable City Council and
ask:
a)That appropriate action be taken to entertain this petition, fixing a date fora public
hearing, causing notice to be published and posted, specifying the time and place of such
hearing, and inviting all persons interested to appear and voice approval or disapproval of such
annexation; and,
b)That following such hearing the City Council determine by Ordinance that such
annexation shall be effective; and that property so annexed shall become a part of the City of
Pasco, Washington, subject to its laws and ordinances then and thereafter enforced.
The Petitioners subscribing hereto agree that all property within the territory hereby
sought to be annexed shall be required to assume any proportional existing indebtedness and
will not require simultaneous adoption of zoning regulations in accordance with the City
Council's acceptance of the Notice of Intention to Commence Annexation as indicated in
Resolution No. 4229 as recorded in the 15August 2022 Council minutes ofthe City of Pasco,
Washington.
This Petition is accompanied by and has attached hereto as Exhibit "B" a diagram
which outlines the boundaries of the property sought to be annexed.
1
Page 295 of 704
2
Page 296 of 704
WARNING: Every person who signs this petition with any other than his/her name, or who
knowingly signs more than one of these petitions, or signs a petition seeking an election when
he/she is not a legal voter, or signs a petition when he/she is otherwise not qualifiedto sign, or
who makes herein any falsestatement, shall be guilty of a misdemeanor.
PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits "A"
and "B", (2) assuming any proportional indebtedness of the City of Pasco, and without (3)
simultaneous adoption of the City of Pasco Zoning Regulations.
OWNER'S SIGNATURE
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
PRINT NAME/ADDRESS -sk.c..ro .., eo) 'c.-
c,-eos nc..: 1.. .:{'a«.o A Jo f
2
DATE SIGNED
Page 297 of 704
Exhibit "A"
Legal Description
Alford-Cole Annexation (ANX 2022-003)
THAT PORTION OF SECTIONS 4 OF TOWNSHIP 9 NORTH RANGE 29 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SECTION 4, TOWNSHIP 9 NORTH RANGE 29 EAST, W.M;
THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 4 TO THE INTERSECTION WITH THE NORTH
RIGHT OF WAY LINE OF KAU TRAIL ROAD; THENCE WEST ALONG THE NORTH RIGHT OF WAY LINE OF
KAU TRAIL ROAD TO THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF ROAD 70: THENCE
NORTH ALONG SAID RIGHT-OF-WAY LINE TO THE INTERSECTION WITH THE NORTH LINE OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE EAST TO THE POINT
OF BEGINNING.
COMPRISING 20.77 ACRES, MORE OR LESS.
Page 298 of 704
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Exhibit
B"SITE
Item: Alford-
Cole Annexation
Applicant:
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and
encumbrances on behalf of S V\C. ro N \(. Cu le.., and I am further
authorized to sign other documents including Notices of Intent and Petitions.
Signature Date
State of Washington
ss.
County of ______ _ )
I certify that I know or have satisfactory evidence that 3!Av {7) k·. c'o /e. is the person who appeared
before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that
he/she) was authorized to execute the instrument and acknowledged it as
the __________ of ____________ to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
202-2 ,,11111111,,,,1. r <" ""-tGive ri\ij-d official seal this _....J_ day of _---£._..,_C_· ___ __, -WW .......... () '?_.-:;..
oiAF/·• •• '1, ;:: ...... , . -
J: .,. _.') : : My Comffl, i g_..,----§ \
November01 :NOTI.RYPOBLIC in and for the State of Washington f5. ••• No. 22000 ,._ / E § Residingat: i.<_e 1-,) ; c..K-::::, --,,. ..
p ,v.•r,. -
i .,•••• (/8\.:!••v My Commission Expires: Ll -l -'2.. ::,. ,.. , ... 0 ········· ':(\
11. '/: WAS ,, ,,,,,
11111111\\\\\\
Page 300 of 704
Affidavit of Signature for
Annexation Notice oflntent and Petition
Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and
encumbrances on behalf of the Madden D. & Beverly M. Alford AB Living Trust, and I am further
authorized to sign other documents including Notices ofIntent and Petitions.
Signature 6 £J A----vv(
Date
9//C( ,/202-2--
State of ------) ):
ss.
County of ______ _ )
I certify that I know or have satisfactory evidence that ________ is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the authorization ofthe Madden D. & Beverly M. Alford AB Living Trust to
be the free and voluntary act of such party forthe uses and purposes mentioned in the instrument.
Given under my hand and officialseal this / LJ day of .$ e--br · --j 202-_2---
ZA -Nof,:. fil, DU 1u a·IJ-,uL.,_JJI'
NOTARY PUBC in and for the State ofc
Residing at: S.::e-vt_ga.. aA-
My Commission Expires: 02 · 13 · 2O 2.,
Page 301 of 704
ACKNOWLEDGMENT
A Notary Public or other officercompleting this certificateverifies only the identity of the
individual who signed the document to which this certificateis attached, and not the
truthfulness, accuracy, or validity ofthat document.
State of California
County of Santa Clara} ss.
On Sep}-\½· 2022. before me, RINKOO R. NAT, Notary Public,
personally appeared ---------'G=-C\_Yj __ _,,_J)""--- _._A--'-'-,/ J-o r_,_d-----
who proved to me on the basis of satisfactory evidence to be the person( s) whose
e(s)@re subscribed to the w· in instrument and acknowledged to me that
he/they executed the same i his/, er/their authorized capacity(ies), and that by
er/their signatures(s) on the ins rument the person(s), or the entity upon behalf of
h the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
OPTIONAL INFORMATION
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO / CFO / COO ==
President / Vice-President / Secretary / Treasurer
Other: _____________ _
seal)
Thumbprint of Signer
D Check here if
no thumbprint
or fingerprint
is available.
Other Information: __________________________ _
Page 302 of 704
FRANKLIN COUNTYASSESSOR
JOHN A. ROSENAU -ASSESSOR
FENN/£ HO-CHIEF DEPUTY
NIKKI MORGAN-CHIEF APPRAISER
100%
Page 303 of 704
PETITION FOR ANNEXATION TO THE CITY OF PASCO
TO: The City Council ofthe City ofPasco
525 North Third Avenue
Pasco, Washington 99301
The undersigned, being the owners of not less than sixty percent (60%), in value,
according to the assessed valuation for general taxation, of the real property described in
Exhibit "A" attached hereto, lying contiguous to the City of Pasco, Washington, do hereby
petition that such territory be annexed to and made a part of the City of Pasco under the
provisions of RCW 35.14.120, et seq., and any amendments thereto, of the State of
Washington.
The territory proposed to be annexed is within Franklin County, Washington, and is
described in Exhibit "A," attached hereto.
WHEREFORE, the undersigned respectively petition the Honorable City Council and
ask:
a)That appropriate action be taken to entertain this petition, fixing a date fora public
hearing, causing notice to be published and posted, specifying the time and place of such
hearing, and inviting all persons interested to appear and voice approval or disapproval of such
annexation; and,
b)That following such hearing the City Council determine by Ordinance that such
annexation shall be effective; and that property so annexed shall become a part ofthe City of
Pasco, Washington, subject to its laws and ordinances then and thereafter enforced.
The Petitioners subscribing hereto agree that all property within the territory hereby
sought to be annexed shall be required to assume any proportional existing indebtedness and
will not require simultaneous adoption of zoning regulations in accordance with the City
Council's acceptance of the Notice of Intention to Commence Annexation as indicated in
Resolution No. 4229 as recorded in the 15 August 2022 Council minutes of the City of Pasco,
Washington.
This Petition is accompanied by and has attached hereto as Exhibit "B" a diagram
which outlines the boundaries of the property sought to be annexed.
1
Page 304 of 704
2
Page 305 of 704
Page 306 of 704
Exhibit "A"
Legal Description
Alford-Cole Annexation (ANX 2022-003)
THAT PORTION OF SECTIONS 4 OF TOWNSHIP 9 NORTH RANGE 29 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE E ST QUARTER CORNER OF SECTION 4, TOWNSHIP 9 NORTH RANGE 29 EAST, W.M;
THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 4 TO THE INTERSECTION WITH THE NORTH
RIGHT OF WAY LINE OF KAU TRAIL ROAD; THENCE WEST ALONG THE NORTH RIGHT OF WAY LINE OF
KAU TRAIL ROAD TO THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF ROAD 70: THENCE
NORTH ALONG SAID RIGHT-OF-WAY LINE TO THE INTERSECTION WITH THE NORTH LINE OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE EAST TO THE POINT
OF BEGINNING.
COMPRISING 20.77 ACRES, MORE OR LESS.
Page 307 of 704
Exhibit "
B"
Item: Alford-Cole Annexation
Applicant: Gary D. Alford/Alford Trust
File #: ANX 2022-003 / ZD 2022-003
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Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and
encumbrances on behalf of She ro N \(. C::) !e..., and I am further
authorized to sign other documents including Notices of Intent and Petitions.
rl
i)
Signature
State of Washington
County of ______ _
ss.
Date
I certify that I know or have satisfactory evidence that $A(7) Nk. fole... is the person who appeared
before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that
he/she) was authorized to execute the instrument and acknowledged it as
the ___________ of ____________ to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Zo22.\\)'"'""'''''t r '5 ""'-f-G ive-v:c_r,4,d official seal this __ day of_· --P_· ___ -..J· -'{. ·•·":r°A";;• •• 0 -·· o,,,,...,_ ... -, .....
1: · ,s:.,_ . S: :MYtomm, pt,'"'"'. _.-=====-----------E ;NOvember01JF: Z-:NO-rnRYPUBLicinand for the State of Washington
No.22000 ,.. 1/2jResidingat: '<.et-H..le._v...):c.K..-::.: -V.1o.•• J:) .. v.i'A.. =::::-
1 ,.•••• lJB\...•'-' My Commission Expires: [ I -I -2o;;·wAs;" ,,,,,,,,mu,\\\
Page 309 of 704
Affidavit ofSignature for
Annexation Notice oflntent and Petition
Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and
encumbrances on behalf of the Madden D. & Beverly M. Alford AB Living Trust, and I am further
authorized to sign other documents including Notices of Intent and Petitions.
L.J.---Signature Date
State of ------) ):
ss.
County of ______ _ )
I certify that I know or have satisfactory evidence that ________ is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the authorization of the Madden D. & Beverly M. Alford AB Living Trust to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and officialseal this _!.!j_ day of ,$ e... bt ·•
CA· No 1,, "fil, /Ju. J. u a.'/kc.L,J
NOTARY PUBC in and forthe State of
C/J.
Residing at: S":C'YtevW._ff a.. a
My Commission Expires: 02 · 13 · 2 O 2.,
Page 310 of 704
ACKNOWLEDGMENT
A Notary Public or other officercompleting this certificateverifiesonly the identity ofthe
individual who signed the document to which this certificateis attached, and not the
truthfulness, accuracy, or validity ofthat document.
State of California
County of Santa Clara} ss.
On Sep}-l½· 2022-before me, RINKOO R. NAT, Notary Public,
personally appeared ---G=Y-j+----D--· ........... A/ J,.,._o ..... r .... d ______ =
who proved to me on the basis of satisfactory evidence to be the person(s) whose
e( s )@re subscribed to the i$. i(linstrument and acknowledged to me that
he/ttiey executed the same i his[Jher/theirauthorized capacity(ies), and that by
er/their signatures(s) on the ins rument the person(s), or the entity upon behalf of
w ch the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
OPTIONAL INFORMATION
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/ CFO / COO
President/ Vice-President / Secretary/ Treasurer
Other: _____________ _
seol)
Thumbprint of Signer
D Check here if
no thumbprint
or fingerprint
is available.
Other Information: _________________________ _
Page 311 of 704
AGENDA REPORT
FOR: City Council November 30, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4628 - Approval of Acevedo Rezone from RS-12 to R-
1 (Z 2022-014)
I. REFERENCE(S):
Proposed Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: November 9, 2022
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4628, approving a rezone at 1305
Road 44 from RS-12 (Low Density Residential) to R-1 (Low Density Residential)
and, further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On November 9, 2022, the the Hearing Examiner held a public hearing to
consider a request to rezone property located at 1305 Road 44 (Parcel No.
119502057), from RS-12 (Low Density Residential) to R-1 (Low Density
Residential).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone.
No appeals of this recommendation have been received.
V. DISCUSSION:
Page 312 of 704
Applicant is seeking to change the zoning designation of a 2.30-acre parcel
addressed at 1305 Road 44, from RS-12 (Low Density Residential) to R-1 (Low
Density Residential) to facilitate future development of the property.
The proposal aligns with the following Comprehensive Plan Goals and Policies:
Land Use Policy LU-4-A: Encourage infill and higher density uses within
proximity to major travel corridors and public transportation service areas.
Housing Goal H-1: Encourage housing for all economic segments of the
city’s population consistent with the local and regional market.
Housing Policy H-1-A: Allow for a full range of housing including single
family homes, townhouses, condominiums, apartments, manufactured
housing, accessory dwelling units, zero-lot-line, planned unit
developments, etc.
The “Low Density Residential” means 2 to 5 dwelling units per acre. The criteria
for theofIIVolumeofsectionunderlandfuturetheallocationuse
Comprehensive Plan (Vol. II, page 17) encourages development of lands
designated for low-density residential uses when or where sewer is available,
the location is suitable for home sites, and there is a market demand for new
home sites.
The site consists of approximately 2.30 acres and is developed with one single-
family dwelling.
Staff recommends Council concurrence with the Hearing Examiner's
recommendation and adoption of the proposed rezone ordinance.
Page 313 of 704
Ordinance Rezone Z 2022-014 Vera Acevedo - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
ORDINANCE NO. _______
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED AT 1305 ROAD 44, PASCO,
FRANKLIN COUNTY, WASHINGTON, FROM RS-12 TO R-1.
WHEREAS, Jesus Vera Acevedo, the Petitioner seeks to rezone Parcel No. 119502057,
located at 1305 Road 44, Pasco, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City
and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted
by the Pasco Hearing Examiner upon such petition on November 9, 2022; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposed rezone is consistent with
and satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to
approve the rezone, which findings and recommendation are hereby adopted by the City Council,
and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from RS-12
Suburban Residential) to R-1 (Low Density Residential) for the real property as shown in the
Exhibit B attached hereto and described as follows:
Page 314 of 704
Ordinance Rezone Z 2022-014 Vera Acevedo - 2
The South 84 feet of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4
of Section 26, Township 9 North, Range 29 East, WM, Records of Franklin County,
Except Roads (Franklin County Tax Parcel No. 119502057).
Section 2. This Ordinance shall take full force and effect five (5) days after approval,
passage and publications required by law.
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
Published: _____________________________
Page 315 of 704
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF )RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-014 )
Acevedo )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
November 9,2022,the Hearing Examiner having taken evidence hereby submits the following
RecommendedFindings of Fact,RecommendedConclusions of Law,and RecommendedDecision as
follows:
I.RECOMMENDED FINDINGS OF FACT
1.PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal:The South 84 feet of the Northwest 1/4 of the Northwest 1/4 of the Northeast
1/4 of Section 26,Township 9 North,Range 29 East,WM,Records of Franklin
County,Except Roads (Franklin County Tax Parcel #119502057).
1.2 General Location:Said property is situated at 1305 Road 44,Pasco,Franklin County,
WA.
1.3 Propefgg Size:Approximately 2.30 acres (53,895.76 square feet).
1.4 Applicant:Jesus Vera Acevedo,1305 Road 44,Pasco,WA 99301-2849.
1.5 Reguest:Rezone Parcel 119502057 from RS-12 (Low—DensityResidential)to R-l
Low—DensityResidential).
2.ACCESS:The parcel has access from Roads 42 and 44.
3.UTILITIES:Municipal water and sewer are available from Roads 42 and 44.
4.LAND USE AND ZONING:The property is currently zoned RS-12 (Suburban Residential)
and is developed with a SFDU and two outbuildings.Surrounding properties zoned and
developedas follows:
NORTH RS-12 SFDUs
EAST RS-12 SFDUs
SOUTH RS-12 SFDUS
WEST RS-12 SFDUS
5.COMPREHENSIVE PLAN:The Comprehensive Plan indicates the site is intended for low-
density residential development.According to the Comprehensive Plan,low-density
residentialdevelopment means 2 to 5 dwelling units per acre.The criteria for allocation under
the future land use section of Volume II of the Comprehensive Plan (Vol.II,page 17)
encourages developmentof lands designated for low-densityresidential uses when or where
Z 2022 014
Acevedo
Page 1 of 5
Page 316 of 704
10.
sewer is available,the location is suitable for home sites,and there is a market demand for
new home sites.Policy H-1-E encourages the advancement of home ownership,and Goal H-2
suggests the City strive to maintain a variety of housing options for residents of the
community.Goal LU-2 encourages the maintenanceof established neighborhoods and the
creation of new neighborhoods that are safe and enjoyable places to live.Policy LU-3 —B
encourages in?ll and density including planned-unit-developmentsto protect open space and
critical areas and provide recreational areas and amenities in support of more intensive,
walkable neighborhoods:The proposed subdivisionwill in?ll a (mostly)vacant lot.
ENVIRONMENTAL DETERMINATION:The City of Pasco is the lead agency for this
project.Based on the SEPA checklist,the adopted City Comprehensive Plan,City
developmentregulations,and other information,a threshold determinationresulting in a
Determination of Non—Signi?cance (DNS)was issued for this project on 23 September 2022,
under WAC 197-11-158.
REQUEST:Applicant has submitted a rezone application (Z 2022-014)from RS—12(Low-
Density Suburban Residential)to R—l(Low-Density Residential),for the South 84 feet of the
Northwest IAof the Northwest ‘Aof the Northeast 1/4of Section 26,Township 9 North,Range
29 East,located at 1305 Road 44 (Parcel 119502057),located along Road 44 just north of
West Marie Street.The rezone is intended to facilitate a 5—lotsubdivision.
SITE:The site is located at 1305 Road 44,in a low—densityresidential neighborhood about
580 feet south of the intersection of Road 44 and West Court Street.West Court Street is an
arterial street.The site is long and narrow (641.63’X 84’),with frontages on both Roads 42
and 44.Property lines extend into the right-of-way in both roads,and would need to be
dedicated in conjunction with a short plat,thus reducing the length of the lot by
approximately 20’on each end to around 601.’
HISTORY:The site was annexed into the City of Pasco in 1996 (Ordinance 3144)as part of
the Riverview Annexation Area #3 and assigned RS—12zoning in conjunction with the
annexation (Ordinance 3145).The site is developed with a 1,456 square—footSFDU and two
outbuildings.The home was built in 1948.A Daycare Facility Special Permit (SP 2022-007)
was approved for the site on 22 September 2022.
REZONE CRITERIA:The initial review criteria for considering a rezone application are
explained in PMC 25.88.030.The criteria are listed below as follows:
10.1 The date the existing zone became effective:
10.1.1 The site was annexed to the City of Pasco in 1996 (Ordinance 3144)and
assigned RS—12zoning (Ordinance 3145)in conjunction with the annexation.
The zoning has not changed since the annexation.
10.2 The changed conditions,which are alleged to warrant other or additional zoning:
10.2.1 The property is considered “infill”property as development has occurred
around it.Water and sewer services have been developed in both Roads 42
and 44 which front the site to the east and west,respectively.Due to Pasco’s
rapid population increase,developing the remaining in?ll properties around
the City has become crucial to accommodate future growth.By rezoning the
property to R-1 which permits the creation of lots at a greater density than
Z 2022 014
Acevedo
Page 2 of 5
Page 317 of 704
10.3
10.4
10.5
10.6
10.7
RS-12,the applicant may then develop the property with one more single-
family home.
Facts to justify the change on the basis of advancing the public health,safety and
general welfare:
10.3.1 The proposed zoning request is consistent with the Comprehensive Plan
which has been determined to be in the best interest of advancing public
health,safety and general welfare of the community.
10.3.2 The Comprehensive Plan designates the property “Low—DensityResidential.”
As such,the site may be zoned RS-20,RS-12,RS—1,R-1,or R-1—A.The
Low—DensityResidential designation includes “Residential developmentat a
density of 2 to 5 dwelling units per acre.”R-1 zoning allows for a minimum
lot size of 7,200 square feet.
The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 The surrounding neighborhood is a variety of different shaped and sized lots,
ranging from 8,856 (in the 1970 Sam Clemens subdivision)to 13,000+
square feet.
10.4.2 Rezoning from RS-12 to R-1 would allow for a 5-lot subdivision and
developmentof 5 new homes on what is now a mostly vacant lot.
10.4.3 There is insuf?cient lot width to reasonably accommodate a public street
right-of-way;in order to fully utilize the long,narrow site.Applicant desires
to invoke the provisions of PMC 21.20.060 “Lots without public street
frontage,”which,among other things,includes an allowance for a private,
shared access road.
The effect on the property owner or owners if the request is not granted:
10.5.1 With the current RS-12 zoning the property owner could subdivide the lot
current 53,896 minus R-0-W dedication on each end)into 4 parcels of
approximately 12,621 square feet each.One building lot would be lost.
The Comprehensive Plan land use designation for the property
10.6.1 The Comprehensive Plan designates the site “Low—DensityResidential.”The
Low—DensityResidential”designation allows for R-S-20,R-S-12,R-S-1,R-
1,R-1-A,and R-1-A2 zoning and may be developed with Single family
residential developmentat a density of 2 to 5 dwelling units per acre.
Such other information as the Hearing Examiner requires
10.7.1 No rights—of-wayhave been dedicated around the site.Rights—of—waywould
need to be dedicated at the frontages of both Road 42 and 44 in conjunction
with any future development.The resulting parcel would be around 50,484
square feet.
11.Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on October 19,2022.
Z 2022 014
Acevedo
Page 3 of 5
Page 318 of 704
12.
13.
14.
15.
16.
An open record public hearing after due legal notice was held November 9,2022,with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
The Applicant did not appear at the hearing.The Applicant was provided written notice of the
date,place and time of the hearing.
The following members of the public testified at the hearing:
14.1 Dave Hurley.Mr.Hurley testified as to his opinion that locating homes next to this
daycare would not be safe for the children at the daycare.He was opposed to this
rezone.
14.2 Cathy Wold.Ms.Wold is opposed to this rezone.She was also opposed to the
daycare.She was concerned that the property would only allow for the development
pf small homes and therefore,may impact property values of neighboring properties.
The staff report,application materials,agency comments and the entire ?le of record were
admittedinto the record.
Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
H.RECOIVINIENDEDCONCLUSIONS OF LAW
Before recommending approval of this rezone,the Hearing Examiner has developed findings of fact
from which to draw those conclusions based upon the criteria listed in PMC 25.2l0.060.The criteria
are as follows:
1.The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The Comprehensive Plan designates the lot “Low-Density Residential.”The “Low-
Density Residential”designation allows for R-S-20,R-S—l2,R-S-1,R-1,R-1-A,and
R-1-A2 zoning and may be developed with Single family residential development at
a density of 2 to 5 dwelling units per acre.
1.2 The proposal is consistent with the Comprehensive Plan Land Use Map and
Comprehensive Plan Policy Land Use Goals;H-1 Encourages housing for all
economic segments of the city’s population.
The effect of the proposal on the immediatevicinity will not be materially detrimental.
2.1 The Comprehensive Plan designates the lot “Low-Density Residential.”
2.2 The Low-Density Residential designation allows for R-S-20,R-S-12,R-S-1,R-1,
and/or R-1-A zoning district.The proposed rezone is consistent with the
Comprehensive Plan;As such,this proposal will not be materially detrimentalto any
future nearby developments.
There is merit and value in the proposal for the community as a whole.
3.1 The proposed zoning designation is consistent with the Comprehensive Plan Land
Use Map and the Goals and Policies as adopted by the Pasco City Council.Based on
past experience with rezoning underutilized land adjacent to existing subdivisions,
the proposed rezone will not negatively impact adjoining properties.Rezoning the
property will assist with the implementation of the Comprehensive Plan.
Z 2022 014
Acevedo
Page 4 of 5
Page 319 of 704
Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.l The Pasco Municipal Code includes design standards for residential development.
Furthermore,with a rezone the area would need to be short-plattedto meet current
City subdivision standards.If or when applicants pursue the development of this
property,they will be required to conform to subdivision and design standards
establishedby the PMC.No special conditions are proposed.
A ConcomitantAgreement should be entered into betweenthe City and the petitioner,and if
so,the terms and conditions of such an agreement.
5.1 If or when applicants pursue the development of this property,they will be required
to conform to subdivision and design standards established by the PMC.No
Concomitant Agreement is considered necessary for this application.
Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III.RECOMMENDED DECISION
Based on the above RecommendedFindings of Fact and Conclusions of Law,the Hearing Examiner
RECOMMENDS APPROVAL that the for the South 84 feet of the Northwest ‘Aof the Northwest ‘/4
of the Northeast ‘Aof Section 26,Township 9 North,Range 29 East,located at 1305 Road 44 (Parcel
119502057),located along Road 44 just north of West Marie Street,Franklin County WA,be rezoned
from RS—l2(Low-Density Residential)to R-1 (Low-Density Residential).
Dated this lOth day of November,2022.
CITY F ‘SEVHEGEXR
ew L.Kottkamp
Z 2022 014
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Page 5 of 5
Page 320 of 704
Item:VeraAcevedoRezone-R-S-
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, 9 November 2022
6:00 PM
1
MASTER FILE #: Z 2022-014
APPLICANT: Jesus Vera Acevedo
1305 Road 44
Pasco, WA 99301-2849
REQUEST: REZONE: Rezone Parcel 119502057 from RS-12 (Low-Density
Residential) to R-1 (Low-Density Residential)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: The South 84 feet of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of
Section 26, Township 9 North, Range 29 East, WM, Records of Franklin County, Except Roads
Franklin County Tax Parcel #119502057).
General Location: Said property is situated at 1305 Road 44, Pasco, Franklin County, WA.
Property Size: Approximately 2.30 acres (53,895.76 square feet)
2. ACCESS: The site has access from Roads 42 and 44.
3. UTILITIES: Municipal water and sewer are available from both Roads 42 and 44.
4. LAND USE AND ZONING: The property is currently zoned RS-12 (Suburban) and is developed with
a SFDU and two outbuildings. Surrounding properties zoned and developed as follows:
NORTH RS-12 SFDUs
EAST RS-12 SFDUs
SOUTH RS-12 SFDUs
WEST RS-12 SFDUs
5. Comprehensive Plan: The Comprehensive Plan indicates the site is intended for low-density
residential development. According to the Comprehensive Plan, low-density residential
development means 2 to 5 dwelling units per acre. The criteria for allocation under the future
land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages
development of lands designated for low-density residential uses when or where sewer is
available, the location is suitable for home sites, and there is a market demand for new home
sites. Policy H-1-E encourages the advancement of home ownership, and Goal H-2 suggests the
City strive to maintain a variety of housing options for residents of the community. Goal LU-2
encourages the maintenance of established neighborhoods and the creation of new
neighborhoods that are safe and enjoyable places to live. Policy LU-3-B encourages infill and
density including planned-unit-developments to protect open space and critical areas and provide
Page 322 of 704
2
recreational areas and amenities in support of more intensive, walkable neighborhoods: The
proposed subdivision will infill a (mostly) vacant lot.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and
other information, a threshold determination resulting in a Determination of Non-Significance
DNS) was issued for this project on 23 September 2022, under WAC 197-11-158.
ANALYSIS
Request
Applicant has submitted a rezone application (Z 2022-014) from RS-12 (Low-Density Residential) to R-1
Low-Density Residential), for the South 84 feet of the Northwest ¼ of the Northwest ¼ of the Northeast
of Section 26, Township 9 North, Range 29 East, located at 1305 Road 44 (Parcel 119502057), located
along Road 44 just north of West Marie Street. The rezone is intended to facilitate a 5-lot subdivision.
Site
The site is located at 1305 Road 44, in a low-density residential neighborhood about 580 feet south of the
intersection of Road 44 and West Court Street. West Court Street is an arterial street. The site is long and
narrow (641.63’ X 84’), with frontages on both Roads 42 and 44. Property lines extend into the right-of-
way in both roads, and would need to be dedicated in conjunction with a short plat, thus reducing the
length of the lot by approximately 20’ on each end to around 601.’
History
The site was annexed into the City of Pasco in 1996 (Ordinance 3144) as part of the Riverview Annexation
Area #3 and assigned RS-12 zoning in conjunction with the annexation (Ordinance 3145).
The site is developed with a 1,456 square-foot SFDU and two outbuildings. The home was built in 1948.
A Daycare Facility Special Permit (SP 2022-007) was approved for the site on 22 September 2022.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
The site was annexed to the City of Pasco in 1996 (Ordinance 3144) and assigned RS-12 zoning (Ordinance
3145) in conjunction with the annexation. The zoning has not changed since the annexation.
2. The changed conditions, which are alleged to warrant other or additional zoning:
The property is considered “infill” property as development has occurred around it. Water and sewer
services have been developed in both Roads 42 and 44 which front the site to the east and west,
respectively. Due to Pasco’s rapid population increase, developing the remaining infill properties around
the City has become crucial to accommodate future growth. By rezoning the property to R-1 which permits
the creation of lots at a greater density than RS-12, the applicant may then develop the property with one
more single-family home.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
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3
The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be
in the best interest of advancing public health, safety and general welfare of the community.
The Comprehensive Plan designates the property “Low-Density Residential.” As such, the site may be zoned
RS-20, RS-12, RS-1, R-1, or R-1-A. The Low-Density Residential designation includes “Residential
development at a density of 2 to 5 dwelling units per acre.” R-1 zoning allows for a minimum lot size of
7,200 square feet.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
The surrounding neighborhood is a variety of different shaped and sized lots, ranging from 8,856 (in the
1970 Sam Clemens subdivision) to 13,000+ square feet.
Rezoning from RS-12 to R-1 would allow for a 5-lot subdivision and development of 5 new homes on what
is now a mostly vacant lot.
There is insufficient lot width to reasonably accommodate a public street right-of-way; in order to fully
utilize the long, narrow site. Applicant desires to invoke the provisions of PMC 21.20.060 “Lots without
public street frontage,” which, among other things, includes an allowance for a private, shared access
road.
5. The effect on the property owner or owners if the request is not granted:
With the current RS-12 zoning the property owner could subdivide the lot (current 53,896 minus R-O-W
dedication on each end) into 4 parcels of approximately 12,621 square feet each. One building lot would
be lost.
6. The Comprehensive Plan land use designation for the property:
The Comprehensive Plan designates the site “Low-Density Residential.” The “Low-Density Residential”
designation allows for R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning and may be developed with
Single family residential development at a density of 2 to 5 dwelling units per acre.
7. Such other information as the Hearing Examiner requires:
No rights-of-way have been dedicated around the site; rights-of-way would need to be dedicated at the
frontages of both Road 42 and 44 in conjunction with any future development. The resulting parcel would
be around 50,484 square feet.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on October 19, 2022.
2. Applicant wishes to rezone 1305 Road 44 (Parcel 119502057) from RS-12 (Low-Density
Residential) to R-1 (Low-Density Residential).
3. The site is located along Road 44 just north of West Marie Street.
4. The rezone is intended to facilitate a 5-lot subdivision.
5. The site is located about 580 feet south of the intersection of Road 44 and West Court Street.
6. West Court Street is an arterial street.
7. The site is long and narrow (641.63’ X 84’), with frontages on both Roads 42 and 44.
Page 324 of 704
4
8. Property lines extend into the right-of-way in both roads Roads 42 and 44.
9. No rights-of-way have been dedicated around the site.
10. Rights-of-way would need to be dedicated at the frontages of both Road 42 and 44 in conjunction
with any future development.
11. The resulting parcel would be around 50,484 square feet.
12. The site was annexed into the City of Pasco in 1996 (Ordinance 3144) as part of the Riverview
Annexation Area #3
13. The site was assigned RS-12 zoning in conjunction with the annexation (Ordinance 3145).
14. The site is developed with a 1,456 square-foot SFDU and two outbuildings.
15. The home was built in 1948.
16. A Daycare Facility Special Permit (SP 2022-007) was approved for the site on 22 September 2022.
17. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030.
18. The property is considered “infill” property as development has occurred around it.
19. Water and sewer services have been developed in both Roads 42 and 44 frontages.
20. The Comprehensive Plan designates the property “Low-Density Residential.”
21. The site may be zoned RS-20, RS-12, RS-1, R-1, or R-1-A.
22. The Low-Density Residential designation includes “Residential development at a density of 2 to 5
dwelling units per acre.”
23. R-1 zoning allows for a minimum lot size of 7,200 square feet.
24. The surrounding neighborhood contains lots, ranging from 8,856 to 13,000+ square feet.
25. There is insufficient lot width to reasonably accommodate a public street right-of-way.
26. Applicant may use PMC 21.20.060 for a private, shared access road.
27. The lot may be subdivided into 4 parcels of approximately 12,621 square feet each with the
current RS-12 zoning the property.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The Comprehensive Plan designates the lot “Low-Density Residential.” The “Low-Density Residential”
designation allows for R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning and may be developed with
Single family residential development at a density of 2 to 5 dwelling units per acre.
The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy
Land Use Goals; H-1 Encourages housing for all economic segments of the city’s population.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The Comprehensive Plan designates the lot “Low-Density Residential.”
The Low-Density Residential designation allows for R-S-20, R-S-12, R-S-1, R-1, and/or R-1-A zoning district.
The proposed rezone is consistent with the Comprehensive Plan; As such, this proposal will not be
materially detrimental to any future nearby developments.
3. There is merit and value in the proposal for the community as a whole.
The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals
and Policies as adopted by the Pasco City Council. Based on past experience with rezoning underutilized
land adjacent to existing subdivisions, the proposed rezone will not negatively impact adjoining properties.
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5
Rezoning the property will assist with the implementation of the Comprehensive Plan.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The Pasco Municipal Code includes design standards for residential development. Furthermore, with a
rezone the area would need to be short-platted to meet current City subdivision standards. If or when
applicants pursue the development of this property, they will be required to conform to subdivision and
design standards established by the PMC. No special conditions are proposed.
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
If or when applicants pursue the development of this property, they will be required to conform to
subdivision and design standards established by the PMC. No Concomitant Agreement is considered
necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein that the for the South 84 feet of
the Northwest ¼ of the Northwest ¼ of the Northeast ¼ of Section 26, Township 9 North, Range 29 East,
located at 1305 Road 44 (Parcel 119502057), located along Road 44 just north of West Marie Street,
Franklin County WA, be rezoned from RS-12 (Low-Density Residential) to R-1 (Low-Density Residential).
Page 326 of 704
Page 333 of 704
11970 SFLOT : 19870 SFLOT :
SHEET 1 OF 2AUDITOR'
Looking North
Looking Northeast
Looking East
Looking Southeast
Looking South
Looking Southwest
Looking West
Looking Northwest
Site
Affidavit of Mailing
In regards to MF# 22022-014
I, Carmen Patrick, hereby confirm that notification was sent by mail October 19, 2022 to the owners of
the parcels within 300 feet of the proposed site .
The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was
sent and to whom received the notification .
Given under my hand and official signature this 19TH day, October of 2022 .
Page 345 of 704
Community Development Department
PO Box 293, 525 N 3rd Ave , Pa sco , WA 99301
P: 509 .545 .3441 / F: 509.545 .3499
PUBLIC NOTICE
Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor llame al Departamento de
Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545 -3441.
Proposal: Jesus Vera Acevedo has submitted a rezone application (Z 2022-014) from R-S-12 (Suburban) to
R-1 (Low-Density Residential), for portions of land in Section 26, Township 9, Range 29, Pasco, Franklin
County, WA (Parcel 119502057) located at 1305 Road 44. The proposal is subject to regulations contained
in the Pasco Municipal Code .
Public Comment Period: Written comments must be submitted to the Community Development Department
by 5 :00 p.m. on 9 November 2022 to be included in the Hearing Examiner packet . If you have questions on the
proposal , contact the Planning Division at (509) 545-3441 or via e-mail to: beank@pasco-wa .gov .
Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6:00 p.m. on 9 November
2022 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco , Washington . The Hearing
Examiner will consider public testimony concerning the above application at this meeting .
If you wish to participate in the hearing virtually, please register at least 2 hours prior to the
meeting at the following registration link:
www .pasco-wa .gov/pu bliccom ment
After registering, you will receive a confirmation email containing information about joining
the webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the
Special Permit within ten (10) business days of the public hearing.
Prepared 18 October 2022 by : Kelsey Bean, Planner 2, PO Box 293 Pasco, WA 99301 (509) 545-3441
The City of Pasco welcomes full participation in public meetings by all citizens . No qualified individual with a disability shall be
excluded or denied the benefit of participating in such meetings . If you wish to use auxiliary aids or require assistance to comment
at this public meeting , please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least
ten days prior to the date ofthe meeting to make arrangements for special needs .
Page 346 of 704
Vicinity Map I I
Page 349 of 704
Page 350 of 704
AGENDA REPORT
FOR: City Council November 30, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4629 - Approval of Gerig Rezone from R-2 to R-4 (Z
2022-015)
I. REFERENCE(S):
Proposed Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: November 9, 2022
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4629, approving a rezone at 2503 W
Park Street from R-2 (Medium Density Residential) to R-4 (High Density
Residential) and, further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On November 9, 2022, the the Hearing Examiner held a public hearing to
consider a request to rezone property located at 2503 W Park Street (Parcel No.
119351283), from R-2 (Medium Density Residential) to R-4 (High Density
Residential).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone.
No appeals of this recommendation have been received.
V. DISCUSSION:
Page 351 of 704
Applicant is seeking to change the zoning designation of a 1.17-acre parcel
addressed at 2503 W Park Street, from R-2 (Medium Density Residential) to R-
4 (High Density Residential) to facilitate future development of the property.
The proposal aligns with the following Comprehensive Plan Goals and Policies:
Land Use Policy LU-4-A: Encourage infill and higher density uses within
proximity to major travel corridors and public transportation service areas.
Housing Goal H-1: Encourage housing for all economic segments of the
city’s population consistent with the local and regional market.
Housing Policy H-1-A: Allow for a full range of housing including single
family homes, townhouses, condominiums, apartments, manufactured
housing, accessory dwelling units, zero-lot-line, planned unit
developments, etc.
The “Medium-Density Residential” designation allows for R-4 zoning and may
be developed with townhouses and apartments. Residential density may range
from 6 to 20 dwelling units per acre in the “Medium-Density Residential”
designated area.
The site consists of approximately 1.17 acres and is developed with one multi -
family dwelling.
Staff recommends Council concurrence with the Hearing Examiner's
recommendation and adoption of the proposed rezone ordinance.
Page 352 of 704
Ordinance - Rezone Z 2022-015 Gerig - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
ORDINANCE NO. _______
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF W PARK
STREET BETWEEN N 24TH AVENUE AND N 26TH AVENUE, PASCO,
FRANKLIN COUNTY, WASHINGTON, FROM R-2 TO R-4.
WHEREAS, David and Diane Gerig, the Petitioner(s) seeks to rezone Parcel No.
119351283, located at 2503 West Park Street, Pasco, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City
and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted
by the Pasco Hearing Examiner upon such petition on November 9, 2022; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposed rezone is consistent with
and satisfies all criteria set forth in PMC Section 25.210.060; the Hearing Examiner has
recommended to approve the rezone, which findings and recommendation are hereby adopted by
the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit
A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from R-2
Page 353 of 704
Ordinance - Rezone Z 2022-015 Gerig - 2
Medium Density Residential) to R-4 (High Density Residential) for the real property as shown in
the Exhibit B attached hereto and described as follows:
SHORT PLAT 84-1 LOT 3
Section 2. This Ordinance shall take full force and effect five (5) days after approval,
passage and publications required by law.
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
Published: _____________________________
Page 354 of 704
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF )RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-015 )
Gerig )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
November 9,2022,the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact,Recommended Conclusions of Law,and Recommended Decision as
follows:
2.
I.RECOMMENDED FINDINGS OF FACT
PROPERTY/APPLICATION DESCRIPTION:
1.]Legal:Parcel 119351283,2503 W Park Street.
1.2 General Location:Said property is located on the north side of W Park Street
between N 24th Avenue N 26"‘Avenue,Pasco,Franklin County,WA.
Proge?Size:Approximately 1.17 acres (51,178 square feet)
1.4 Applicant:David and Diane Gerig,1809 Rd 57,Kennewick,WA 99301.
Request:Rezone from R-2 (Medium-Density Residential)to R-4 (High-Density
Residential).
ACCESS:The parcelhas access from W.Park Street.
UTILITIES:Municipalwater and sewer are available on W.Park Street.
LAND USE AND ZONING:The site is zoned R-2 (Medium-Density Residential)and has a
residential dwelling on it.Surrounding properties are zoned and developed as follows:
North:R-2 SFDU’s
East:R-2 SFDU’s
South:R-2;R-3 SFDU’s and apartments
West:R-l-A2 SFDU’s and apartments
COMPREHENSIVE PLAN:The Comprehensive Plan designates this site as “Medium—Density
Residential";the “Medium-Density Residential”designation allows for R-2 through R-4 and RP
zoning,and single~familydwellings,patio homes,townhouses,apartments,and condominiums are all
appropriate for this area.Residentialdensity may range from 6 to 20 dwelling units per acre.
ENVIRONMENTAL DETERMDIATION:The City of Pasco is the lead agency for this
project.Based on the State Environmental Policy Act (“SEPA”)checklist,Comprehensive
Plan,applicable regulations,and other information,a threshold determination resulting in a
Determination of Non-Signi?cance (DNS)was issued on September 23,2022 for this project
under WAC 197-11-158.
Z 2022 015
Gerig
Page 1 of 4
Page 355 of 704
10.
REQUEST:David and Diane Gerig have submitted a rezone application(Z 2022-015)from
R-2 (Medium Density Residential)to R-4 (High Density Residential),for land in Section 25,
Township 9,Range 29,Pasco,Franklin County,WA (Parcel 119351283)located at 2503 W
Park Street,Pasco WA.
SITE:The site comprises approximately 1.17 acres (5,l178 square feet)and has a multi-
family housing unit on it and is surrounded by R-2/R-3 zoning.
HISTORY:The site was annexed into the City in 1977 (Ordinance 1833)and assigned R-2
Medium Density Residential)zoning in conjunction with the annexation.An existing,7,166
square foot residential multi-family unit was built in 1995 on the south portion of the lot.
REZONE CRITERIA:The initial review criteria for considering a rezone application are
explained in PMC 25.88030.The criteria are listed below as follows:
10.1
10.2
10.3
10.4
10.5
The date the existing zone became effective:
10.1.1 The site was assigned R-2 (Medium Density Residential)zoning in
conjunction with the 1977 annexation.
The changed conditions,which are alleged to warrant other or additional zoning:
10.2.1 The site is considered “in?ll”property as development has occurred around
it.
10.2.3 The “Medium-Density Residential”designation allows for R-2 through R-4
and RP zoning and may be developed with single-family dwellings,patio
homes,townhouses,apartments,and condominiums.
10.2.4 Residential density may range from 6 to 20 dwelling units per acre in the
Medium-Density Residential”designated area.
Facts to justify the change on the basis of advancing the public health,safety and
general welfare:
10.3.1 The rezone application is consistent with the Pasco Comprehensive Plan,
which has been determined to he in the best interest of advancing public
health,safety and general welfare of the Community.The rezone would allow
for residential density between 6 to 20 dwelling units per acre.
The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
104.1 A change in zoning classificationmay ultimately result in the developmentof
single-family dwellings,patio homes,townhouses,apartments,and/or
condominiums,all of which are appropriate for this land use designation,in
alignment with the Land Use Element of the Comprehensive Plan.
10.4.2 The rezone application is consistent with and meets the intent of the goals
and policiesof the Comprehensive Plan.
The effect on the property owner or owners if the request is not granted:
10.5.1 If the site remains with the current zoning designations the site would likely
continue to remain underdevelopedfor a while,as the property does not front
Z 2022 015
Gerig
Page 2 of 4
Page 356 of 704
11
12
13
I4
15.
16.
on an arterial street,and residential demand is currently outpacing
development in the area.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 The Land Use Element of the Comprehensive Plan designates the lot
Medium-Density Residential.”The “Medium-Density Residential”
designationallows for R4 zoning and may be developed with single~family
dwellings,patio homes,townhouses,apartments,and/or condominiums,all
of which would be appropriate for this area.
10.7 Such other information as the Hearing Examiner requires
10.7,l The rezone application is consistent with and meets the intent of the
Comprehensive Plan,and City Council Goals on housing.The opportunity
for additional higher-density residential uses in this area supports the Land
Use Element of the Comprehensive Plan.
Public notice of this hearing was sent to property owners within 300 feet of the property and
postedin the Tri-City Herald on October 19,2022.
An open record public hearing after due legal notice was held November 9,2022,with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
Appearing and testifying on behalf of the applicant was David Gerig.Mr.Gerig testified that
he was the Applicant and property owner.He indicated that he was in agreement with the
representationsset forth in the staff report.
No member of the public testified at the hearing.
The staff report,application materials,agency comments and the entire ?le of record were
admitted into the record.
Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
11.RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval of this rezone,the Hearing Examiner has developed ?ndings of fact
from which to draw those conclusions based upon the criteria listed in PMC 25210060.The criteria
are as follows:
1.The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The “Medium—Density Residential”designation allows for R-4 zoning and may be
developed with townhouses and apartments.
12 Residential density may range from 6 to 20 dwelling units per acre in the “Medium~
Density Residential”designated area.
The proposal also aligns with the following Comprehensive Plan Goals and Policies:
1.4 Land Use Policy LU—4—A:Encourage in?ll and higher density uses within proximity
to major travel corridors and publictransportationservice areas.
15 Housing Goal H-l:Encourage housing for all economic segments of the city’s
populationconsistent with the local and regional market.
Z 2022 015
Gerig
Page 3 of 4
Page 357 of 704
1.6 Housing Policy H-1-A:Allow for a full range of housing including single family
homes,tovmhouses,condominiums,apartments,manufactured housing,accessory
dwelling units,zero—lot-line,planned unit developments,etc.
The effect of the proposalon the immediate vicinity will not be materially detrimental.
2.1 The “Medium-Density Residential”designation allows for R-4 zoning and may be
developed with single—familydwellings,patio homes,townhouses,apartments,
and/or condominiums.
2.2 The application for rezone is consistent with the Comprehensive Plan Land Use
Element and meets the intent of the Goals and Policies for the property.The proposal
will not be materially detrimental to the immediate vicinity.
2.3 The development would be cohesive with the multi-units developed to the south of
the property.
There is merit and value in the proposal for the community as a whole.
3.1 The proposed zoning designation is consistent with the Comprehensive Plan Land
Use Map and the Goals and Policies as adopted by the Pasco City Council.Based on
past experience with rezoning underutilized land adjacent to existing subdivisions,
the proposed rezone will not negatively impact adjoining properties.Rezoning the
property will assist with the implementationof the Comprehensive Plan.
Conditions should be imposed in order to mitigate any signi?cant adverse impacts from the
proposal.
4.]The rezone application and anticipated project are subject to the regulations and’
requirements of the Pasco Municipal Code and the City of Pasco Design and
Construction Standards.The Design and Construction Standards require a Traffic
Study for proposalsthat generate 25 or more peak hour trips.
A Concomitant Agreement should be entered into between the City and the petitioner,and if
so,the terms and conditions of such an agreement.
5.1 If or when applicants pursue the development of this property,they will he required
to conform to subdivision and design standards established by the PMC.No
Concomitant Agreement is considered necessary for this application.
Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
HI.RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law,the Hearing Examiner
RECOMMENDS APPROVAL,that portions of land in Township 9 North,Range 29 Section 25
East,Pasco,Framklin County,WA located at 2503 W Park Street (Parcel 119351283)be rezoned
from R-2 (Medium Density Residential)to R-4 (High Density Residential).
Dated this 10th day of November,2022.
CI ING EXAMINER
A46-ewL.Kottkamp
Z 2022 015
Gerig
Page 4 of 4
Page 358 of 704
Item:GerigRezone-R-2toR-
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, 9 November 2022
6:00 PM
1
MASTER FILE #: Z 2022-015
APPLICANT: David and Diane Gerig
1809 Rd 57
Kennewick, WA 99301
REQUEST: REZONE: Gerig Rezone from R-2 (Medium-Density Residential)
to R-4 (High-Density Residential)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal:
Parcel 119351283
2503 W Park Street
General Location: Said property is located on the north side of W Park Street between N 24th
Avenue N 26th Avenue, Pasco, Franklin County, WA.
Property Size: Approximately 1.17 acres (51,178 square feet)
2. ACCESS: The parcel has access from W Park Street.
3. UTILITIES: Municipal water and sewer are available on W Park Street.
4. LAND USE AND ZONING: The site is zoned R-2 (Medium-Density Residential) and has a residential
dwelling on it. Surrounding properties are zoned and developed as follows:
NORTH: R-2 SFDU’s
EAST: R-2 SFDU’s
SOUTH: R-2; R-3 SFDU’s and apartments
WEST: R-1-A2 SFDU’s and apartments
5. Comprehensive Plan: The Comprehensive Plan designates this site as “Medium-Density
Residential”; the “Medium-Density Residential” designation allows for R-2 through R-4 and RP
zoning, and single-family dwellings, patio homes, townhouses, apartments, and condominiums
are all appropriate for this area. Residential density may range from 6 to 20 dwelling units per
acre.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan, applicable
regulations, and other information, a threshold determination resulting in a Determination of
Page 360 of 704
2
Non-Significance (DNS) was issued on 23 September 2022 for this project under WAC 197-11-
158.
ANALYSIS
Request
David and Diane Gerig have submitted a rezone application (Z 2022-015) from R-2 (Medium Density
Residential) to R-4 (High Density Residential), for land in Section 25, Township 9, Range 29, Pasco, Franklin
County, WA (Parcel 119351283) located at 2503 W Park Street, Pasco WA.
Site
The site comprises approximately 1.17 acres (5,1178 square feet) and has a multi-family housing unit on
it and is surrounded by R-2/R-3 zoning.
History
The site was annexed into the City in 1977 (Ordinance 1833) and assigned R-2 (Medium Density
Residential) zoning in conjunction with the annexation.
An existing, 7,166 square foot residential multi-family unit was built in 1995 on the south portion of the
lot.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
The site was assigned R-2 (Medium Density Residential) zoning in conjunction with the 1977 annexation.
2. The changed conditions, which are alleged to warrant other or additional zoning:
The site is considered “infill” property as development has occurred around it.
The “Medium-Density Residential” designation allows for R-2 through R-4 and RP zoning and may be
developed with single-family dwellings, patio homes, townhouses, apartments, and condominiums.
Residential density may range from 6 to 20 dwelling units per acre in the “Medium-Density Residential”
designated area.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
The rezone application is consistent with the Pasco Comprehensive Plan, which has been determined to be
in the best interest of advancing public health, safety and general welfare of the community. The rezone
would allow for residential density between 6 to 20 dwelling units per acre.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
A change in zoning classification may ultimately result in the development of single-family dwellings, patio
homes, townhouses, apartments, and/or condominiums, all of which are appropriate for this land use
designation, in alignment with the Land Use Element of the Comprehensive Plan.
The rezone application is consistent with and meets the intent of the goals and policies of the
Comprehensive Plan.
Page 361 of 704
3
5. The effect on the property owner or owners if the request is not granted:
If the site remains with the current zoning designations the site would likely continue to remain
underdeveloped for a while, as the property does not front on an arterial street, and residential demand is
currently outpacing development in the area.
6. The Comprehensive Plan land use designation for the property
The Land Use Element of the Comprehensive Plan designates the lot “Medium-Density Residential.”
The “Medium-Density Residential” designation allows for R-4 zoning and may be developed with single-
family dwellings, patio homes, townhouses, apartments, and/or condominiums, all of which would be
appropriate for this area.
7. Such other information as the Hearing Examiner requires
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council
Goals on housing. The opportunity for additional higher-density residential uses in this area supports the
Land Use Element of the Comprehensive Plan.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on 19 October, 2022.
2. Applicant wishes to rezone a site located on the north side of W Part Street from R-2 to R-4.
3. The site comprises approximately 1.17 acres.
4. The site has a multi-family unit on it.
5. The Comprehensive Plan designates the site “Medium-Density Residential.”
6. “Medium-Density Residential” allows for R-2 through R-4 and RP zoning.
7. “Medium-Density Residential” allows for single-family dwellings, patio homes, townhouses,
apartments, and condominiums.
8. “Medium-Density Residential” allows for Residential density from 6 to 20 dwelling units per acre.
9. The site was annexed into the City in 2001 (Ordinance 3462)
10. The site was assigned R-2 (Medium-Density Residential) zoning in conjunction with the
annexation.
11. The site is considered “infill” property as development has occurred around it.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The “Medium-Density Residential” designation allows for R-4 zoning and may be developed with
townhouses and apartments.
Residential density may range from 6 to 20 dwelling units per acre in the “Medium-Density Residential”
designated area.
Page 362 of 704
4
The proposal also aligns with the following Comprehensive Plan Goals and Policies:
Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity to major travel corridors
and public transportation service areas.
Housing Goal H-1: Encourage housing for all economic segments of the city’s population consistent with
the local and regional market.
Housing Policy H-1-A: Allow for a full range of housing including single family homes, townhouses,
condominiums, apartments, manufactured housing, accessory dwelling units, zero-lot-line, planned unit
developments, etc.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The “Medium-Density Residential” designation allows for R-4 zoning and may be developed with single-
family dwellings, patio homes, townhouses, apartments, and/or condominiums.
The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the
intent of the Goals and Policies for the property. The proposal will not be materially detrimental to the
immediate vicinity.
The development would be cohesive with the multi-units developed to the south of the property.
3. There is merit and value in the proposal for the community as a whole.
The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals
and Policies as adopted by the Pasco City Council. Based on past experience with rezoning underutilized
land adjacent to existing subdivisions, the proposed rezone will not negatively impact adjoining properties.
Rezoning the property will assist with the implementation of the Comprehensive Plan.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The rezone application and anticipated project are subject to the regulations and requirements of the
Pasco Municipal Code and the City of Pasco Design and Construction Standards. The Design and
Construction Standards require a Traffic Study for proposals that generate 25 or more peak hour trips.
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
If or when applicants pursue the development of this property, they will be required to conform to
subdivision and design standards established by the PMC. No Concomitant Agreement is considered
necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that portions of land in
Township 9 North, Range 29 Section 25 East, Pasco, Franklin County, WA located at 2503 W Park
Street (Parcel 119351283) be rezoned from R-2 (Medium Density Residential) to R-4 (High Density
Residential).
Page 363 of 704
Page 369 of 704
Page 378 of 704
Page 379 of 704
AGENDA REPORT
FOR: City Council November 28, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4630 - Approval of Davidson Rezone from R-S-20 to
R-1 (Z 2022-016)
I. REFERENCE(S):
Proposed Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: November 9, 2022
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4630, approving a rezone at 6007 W
Court Street from R-S-20 (Suburban) to R-1 (Low Density Residential) and,
further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On November 9, 2022, the the Hearing Examiner held a public hearing to
consider a request to rezone property located at 6007 West Court Street (Parcel
No. 118611039), from R-S-20 (Suburban) to R-1 (Low Density Residential).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone.
No appeals of this recommendation have been received.
V. DISCUSSION:
Page 380 of 704
Applicant is seeking to change the zoning designation of a .75 -acre parcel
addressed at 6007 West Court Street, from R-S-20 (Suburban) to R-1 (Low
Density Residential) to facilitate future development of the property.
The proposal aligns with the following Comprehensive Plan Goals and Policies:
Land Use Policy LU-4-A: Encourage infill and higher density uses within
proximity to major travel corridors and public transportation service areas.
Housing Goal H-1: Encourage housing for all economic segments of the
city’s population consistent with the local and regional market.
Housing Policy H-1-A: Allow for a full range of housing including single
family homes, townhouses, condominiums, apartments, manufactured
housing, accessory dwelling units, zero-lot-line, planned unit
developments, etc.
The “Mixed Residential/Commercial” designation allows for a combination of
mixed-use residential and commercial in the same development, including
single-family dwellings, patio homes, townhouses, apartments and
condominiums at a density of 5 to 29 dwelling units per acre.
The site consists of approximately .75 acres and is developed with one single -
family dwelling.
Staff recommends Council concurrence with the Hearing Examiner's
recommendation and adoption of the proposed rezone ordinance.
Page 381 of 704
Ordinance Rezone Z 2022-016 Davidson - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
ORDINANCE NO. _______
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED IN THE NORTHWEST CORNER OF
ROAD 60 AND WEST COURT STREET (6007 WEST COURT STREET),
PASCO, FRANKLIN COUNTY, WASHINGTON, FROM R-S-20 TO R-1.
WHEREAS, Michael Davidson, the Petitioner seeks to rezone Parcel No. 118611039,
located in the Northwest Corner of Road 60 and West Court Street (6007 West Court Street),
Pasco, Franklin County, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City
and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted
by the Pasco Hearing Examiner upon such petition on November 9, 2022; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposed rezone is consistent with
and satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to
approve the rezone, which findings and recommendation are hereby adopted by the City Council,
and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from R-S-20
Page 382 of 704
Ordinance Rezone Z 2022-016 Davidson - 2
Suburban) to R-1 (Low Density Residential) for the real property as shown in the Exhibit B
attached hereto and described as follows:
The East 132' of the South 330' of the Southeast ¼ of the Southeast ¼ of the
Southwest ¼ of Section 22, Township 9 North, Range 29 East WM, Records of
Franklin County, Except the South 36 feet thereof deeded to Franklin County under
Auditor's File No. 394215 (Parcel No. 118611039).
Section 2. This Ordinance shall take full force and effect five (5) days after approval,
passage and publications required by law.
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
Published: _____________________________
Page 383 of 704
CITY OF PASCO HEARINGEXAMINER
INTHE MATTER OF ) RECOMMENDEDFINDINGSOF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-016
Davidson
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
November 9, 2022, the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings ofFact, Recommended Conclusions of Law, and Recommended Decision as
follows:
I.RECOMMENDED FINDINGSOF FACT
1.PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal: The East 132' of the South 330' of the Southeast¼ of the Southeast¼ ofthe
Southwest ¼ ofSection 22, Township 9 North, Range 29 East WM, Records of
Franklin County, Except the South 36 feet thereof deeded to Franklin County under
Auditor's File No. 394215 (Parcel #118611039).
1.2 General Location: 6007 West Court Street; Said property is situated on the northwest
comer ofRoad 60 and West Court Street, Pasco, Franklin County, WA.
1.3 Property Size: Approximately . 75 acres (32,456.45 square feet)
1.4 Applicant: Michael Davidson, 1310 N 5thAvenue, Pasco, WA 99301
1.5 Request: Rezone Parcel 118611039 fromR-S-20 (Suburban District) to R-1 (Low-
Density Residential).
2.ACCESS: The site has access from West Court Street and Road 60.
3.UTILITIES: Municipal water is available fromboth West Court Street and Road 60. There
is no sewer service available to the site. The closest sewer service is approximately 1,785 feet
to the west along West Court Street.
4.LAND USE AND ZONING: The property is currently zoned R-S-20 (Suburban) and is
developed with a Single-Family Dwelling Unit (SFDU) and two outbuildings. Surrounding
properties zoned and developed as follows:
North R-S-20 SFDUs
East R-S-20 Vacant, SFDUs
South C-1 Vacant
West R-S-20 SFDUs
5.COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for
Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows
fora combination ofmixed-use residential and commercial in the same development,
Z 2022 016
Davidson
Page 1 of 7
Page 384 of 704
including single-familydwellings, patio homes, townhouses, apartments and condominiums
at a density of5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers,
business parks, service and officeuses are also encouraged in this Land Use designation.
Allowable zoning forMixed Residential/Commercialincludes R-1 through R-4, C-1, 0, and
Waterfront. Land Use Policy LU-4-F similarly suggests the City "Support mixed use, smart
growth, infill, and compact developments with transit and pedestrian amenities that promote a
healthy community."
6.ENVIRONMENTAL DETERMINATION: The CityofPasco is the lead agency for this
project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City
development regulations, and other information, a threshold determination resulting in a
Determination of Non-Significance (DNS) was issued forthis project on October 20, 2022,
under WAC 197-11-158.
7.REQUEST: The Applicantsubmitted an application to rezone the East 132' of the South 330'
ofthe Southeast¼ ofthe Southeast¼ of the Southwest¼ ofSection 22, Township 9 North,
Range 29 East WM, Records ofFranklin County, (6007 West Court Street; Parcel
118611039) fromR-S-20 (Suburban District) to R-1 (Low-Density Residential). The rezone
is intended to facilitatea 2-lot subdivision.
8.SITE: The site is located at 6007 West Court Street, in a primarily residential neighborhood
on the northwest cornerofRoad 60 and West Court Street. West Court Street is an arterial
street. Property linesextend into the rights-of-way of both West Court Street and Road 60
and would need to be dedicated in conjunction with a short plat.
9.HISTORY: The site was annexed into the City ofPasco in 2012 (Ordinance 4077) as part of
the Riverview Annexation Area #2 and assigned R-S-20 zoning in conjunction with the
annexation (Ordinance 4078). The site is developed with a 1,700 square-footSFDU and two
outbuildings. The home was built in 1941.
10.REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.88.030. The criteria are listed below as follows:
10.1 The date the existing zone became effective:
10.1.1 The site was annexed to the City of Pasco in 2012 (Ordinance 4077) and
assigned R-S-20 zoning (Ordinance 4078) in conjunction with the
annexation. The zoning has not changed since the annexation.
10.2 The changed conditions, which are alleged to warrant other or additional zoning:
10.2.1 The property is considered "infill" property as development has occurred
around it. Water service has been developed in both West Court Street and
Road 60; no sewer service is available to the site; the closest sewer service is
approximately 1,785 feetto the west along West Court Street. Another line
may be found south of the site around 1,859 feet away in Road 62. The
criteria forallocation under the futureland use section of Volume II of the
Comprehensive Plan (Vol. II, page 17) encourages development of lands
designatedforlow-density residential uses when or where sewer is available,
the location is suitable forhome sites, and there is a market demand fornew
home sites. However, sewer is not yet available to the site. As sewer is not
yet available to the site, it may not be advisable to rezone to R-1 at this time.
Z 2022 016
Davidson
Page 2 of7
Page 385 of 704
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 The proposed zoning request is consistent with the Comprehensive Plan
which has been determined to be in the best interest of advancing public
health, safety, and general welfare ofthe community.
10.3.2 The Comprehensive Plan indicates the site is intended for Mixed
Residential/Commercial uses. The Mixed Residential/Commercial
designation allows for a combination of mixed-use residential and
commercial in the same development, including single-family dwellings,
patio homes, townhouses, apartments and condominiums at a densityof 5 to
29 dwelling units per acre. Neighborhood shopping and specialty centers,
business parks, service and office uses are also encouraged in this Land Use
designation. Allowable zoning for Mixed Residential/Commercial includes
R-1 through R-4, C-1, 0, and Waterfront.
10.3.3 Water service has been developed in both West Court Street and Road 60.
However, no sewer service is available to the site. The closest sewer service
is approximately 1,785 feetto the west along West Court Street. Another line
may be found around 1,859 feet southofthe site in Road 62.
10.3.4 The criteria forallocation under the future land use section of Volume II of
the Comprehensive Plan (Vol. II, page 17) encourages development of lands
designated forlow-density residential uses when or where sewer is available,
the location is suitable forhome sites, and there is a market demand fornew
home sites. As stated above, because sewer is not yet available to the site, it
may not be advisable to rezone to R-1 at this time.
10.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 Rezoning from R-S-20 to R-1 would allow for a 2-lot subdivision and
development of another new home on the north end of the site. Per PMC
16.15.010, City water and/or sewer service connection to the lot(s), parcel(s)
or tract(s) of land sought to be developed shall be a prerequisite to the
issuance of a development permit. No development permit shall be issued
without compliance with this section except as stated in this chapter.
10.4.2 As noted above, no sewer service is available to the site. The closest sewer
service is approximately 1,785 feet to the west along West Court Street.
10.4.3 Per PMC 16.15.050 The (sewer connection) prerequisite requirements fora
development permit stated in PMC 16.15.010 may be waived by:
10.4.3.1 Approval of the City Council by majority vote at any regular
meeting or administrative approval as contained in subsection (2)
of this section, upon such forms as they shall deem necessary to
enable them to make specific findings of fact as to why a waiver
should be granted. All such waivers must be applied forin writing
on a form or forms to be supplied by the City of Pasco and all
denials of such waiver shall also be in writing and state specific
findings upon which the denial is based. The grant of a waiver may
be reasonably conditioned and any such conditions shall be in
Z 2022 016
Davidson
Page 3 of 7
Page 386 of 704
10.4.3.2
writing, signed by the owner of the land, recorded and run with the
land. Such conditions may include but shall not be limited to the
following:
10.4.3.1.1. A specific period of exception;
10.4.3 .1.2 Required participation in future public sewer and/or water
service extension by L.I.D. or other means;
10.4.3.1.3 The signing by the owner of the property of a hold
harmless and/or indemnity agreement in favor of the City
of Pasco.
Administrative approval of the City Manager or designee forwaiver of
sewer utility connections provided the property forwhich the waiver is
requested meets the following conditions:
10.4.3.2.1 Must be of adequate size, soil type, slope and other
conditions to meet the Benton-Franklin Health District
requirements for on-site septic systems and replacement
drain fields and must receive final approval from the
Districtforthe on-site system;
10.4.3.2.2 Must be greater than 200 feet from an existing municipal
sewer service line or must be dependent on the provision
of future sewer infrastructure to receive sewer service -
such as additional line or treatment facility capacity, lift
stations or similar components.
10.4.4 Waiver criteria are listed in PMC 16.15.060. Neither Council nor administrative
approval for exemption has been sought by applicant. Staff indicated that a
development permit will not be issued forthis project as currently proposed.
10.4.5 The Benton-Franklin Health District requires a minimum of 12,500 square feet of
useable area per lot in the most suitable soil conditions and up to 22,000 square feet
in a clay loam soil for a septic system. With appropriate rights-of-way dedicated, the
remaining lot size would be around 28,082 square feet.
10.5 The effecton the property owner or owners ifthe request is not granted:
10.5.3 With the current R-S-20 zoning the property owner could not subdivide the lot
currently 32,439.73 square feet).
10.6 The Comprehensive Plan land use designation forthe property
10.6.1 The Comprehensive Plan indicates the site is intended for Mixed
Residential/Commercial uses. The Mixed Residential/Commercial designation allows
fora combination ofmixed-use residential and commercial in the same development,
including Single-family dwellings, patio homes, townhouses, apartments and
condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood
shopping and specialty centers, business parks, service and office uses are also
encouraged in this Land Use designation. Allowable zoning for Mixed
Residential/Commercial includes R-1 through R-4, C-1, 0, and Waterfront.
10. 7 Such other information as the Hearing Examiner requires
Z 2022 016
Davidson
Page 4 of 7
Page 387 of 704
10.7.1 No rights-of-way have been dedicated around the site; rights-of-way would need to
be dedicated at the frontages of both West Court Street and Road 60 in conjunction
with any future development. The resulting parcel would be around 28,082 square
feet.
11 Public notice ofthis hearing was sent to property owners within 300 feet ofthe property and posted in
the Tri-City Herald on October 19, 2022.
12 An open record public hearing afterdue legal notice was held November 9, 2022, with the Planning
Department staffand public appearing in person and the Hearing Examiner appearing via
videoconference.
13 Appearing and testifying on behalf of the applicant was Michael Davidson. Mr. Davidson testified
that he was the Applicant and property owner. Mr. Davidson testified that he bought the property
approximately one year ago. He was advised by his real estate agent that the property could be
subdivided. He indicated that the lot to be created by this rezone would be approximately 14,000
sq.ft. and septic should be allowed. He stated there is City water to the site. He stated that he will use
the property to develop one single family residence. He indicated that the well on the property would
be abandoned.
14 The following members ofthe public testified at the hearing:
14.1 Maria Valdez. Ms. Valdez agreed with Mr. Davidson's proposal. She indicated that the
rezone was good for the community in that it would allow the development of a new,
affordable home.
14.2 In response, Mr. Davidson testified that he agreed with Ms. Valdez. There is no affordable
housing inthis area and his intent was to develop the propertywith an affordablehouse.
15.The staffreport, application materials, agency comments and the entire file of record were admitted
into the record.
16.Any Conclusion ofLaw that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
II.RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact
fromwhich to draw those conclusions based upon the criteria listed in PMC 25.210.060. The criteria
are as follows:
1.The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The Comprehensive Plan indicates the site is intended for Mixed
Residential/Commercial uses. The Mixed Residential/Commercial designation allows
fora combination of mixed-use residential and commercial in the same development,
including Single-family dwellings, patio homes, townhouses, apartments and
condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood
shopping and specialty centers, business parks, service and office uses are also
encouraged in this Land Use designation. Allowable zoning for Mixed
Residential/Commercial includes R-1 through R-4, C-1, 0, and Waterfront.
1.2 The proposal is consistent with the Comprehensive Plan Land Use Map and
Comprehensive Plan Policy Land Use Goals; Land Use Policy LU-4-F similarly
suggests the City "Support mixed use, smart growth, infill, and compact
Z 2022 016
Davidson
Page 5 of7
Page 388 of 704
developments with transit and pedestrian amenities that promote a healthy
community."
2.The effectofthe proposal on the immediate vicinity will not be materially detrimental.
2.1 The Comprehensive Plan indicates the site is intended for Mixed
Residential/Commercial uses. The Mixed Residential/Commercial designation allows
fora combination of mixed-use residential and commercial in the same development,
including Single-family dwellings, patio homes, townhouses, apartments and
condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood
shopping and specialty centers, business parks, service and office uses are also
encouraged in this Land Use designation. Allowable zoning for Mixed
Residential/Commercial includes R-1 through R-4, C-1, 0, and Waterfront; As such,
this proposal will not be materially detrimental to any futurenearby developments.
3.There is merit and value in the proposal forthe communityas a whole.
3 .1 The proposed zoning designation is consistent with the Comprehensive Plan Land
Use Map and the Goals and Policies as adopted by the Pasco City Council. Based on
past experience with rezoning underutilized land adjacent to existing subdivisions,
the proposed rezone will not negatively impact adjoining properties. Rezoning the
propertywill assist with the implementationof the Comprehensive Plan.
4.Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 The Pasco Municipal Code includes design standards forresidential development.
Furthermore, with a rezone the area would need to be short-platted to meet current
City subdivision standards. If or when applicants pursue the development of this
property, they will be required to conform to subdivision and design standards
established by the PMC. No special conditions are proposed. A development permit
will not be issued forthis project as currentlyproposed.
5.A Concomitant Agreement should be entered into between the City and the petitioner, and if
so, the terms and conditions of such an agreement.
5.1 If or when applicants pursue the development of this property, they will be
requiredtoconformtosubdivisionanddesignstandardsestablishedbythePMC. NoConcomitant
Agreementis considered necessary forthis application.
6.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III.RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL, that the East 132' of the South 330' of the Southeast ¼ of the
Southeast ¼ of the Southwest ¼ of Section 22, Township 9 North, Range 29 East WM, Records of
Franklin County, Except the South 36 feetthereof deeded to Franklin County under Auditor's File
No. 394215 (6007 West Court Street; Parcel #118611039), located on the northwest comer of Road
60 and West Court Street, Pasco, Franklin County, WA, be rezoned fromR-S-20 (Suburban District)
to R-1 (Low-Density Residential). Because sewer is not yet available to the site, and staffs opinion
was that it was not advisable to rezone to R-1 at this time, and because stafffurtherindicated that a
Z 2022 016
Davidson
Page 6 of 7
Page 389 of 704
Page 390 of 704
Item:DavidsonRezoneRS-20toR-1"
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, 9 November 2022
6:00 PM
1
MASTER FILE #: Z 2022-016
APPLICANT: Michael Davidson
1310 N 5th Avenue
Pasco, WA 99301
REQUEST: REZONE: Rezone Parcel 118611039 from R-S-20 (Suburban
District) to R-1 (Low-Density Residential)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: The East 132' of the South 330' of the Southeast ¼ of the Southeast ¼ of the Southwest ¼
of Section 22, Township 9 North, Range 29 East WM, Records of Franklin County, Except the South
36 feet thereof deeded to Franklin County under Auditor's File No. 394215 (Parcel #118611039).
General Location: 6007 West Court Street; Said property is situated on the northwest corner of
Road 60 and West Court Street, Pasco, Franklin County, WA.
Property Size: Approximately .75 acres (32,456.45 square feet)
2. ACCESS: The site has access from West Court Street and Road 60.
3. UTILITIES: Municipal water is available from both West Court Street and Road 60; there is no
sewer service available to the site; the closest sewer service is approximately 1,785 feet to the
west along West Court Street.
4. LAND USE AND ZONING: The property is currently zoned R-S-20 (Suburban) and is developed
with a Single-Family Dwelling Unit (SFDU) and two outbuildings. Surrounding properties zoned
and developed as follows:
NORTH R-S-20 SFDUs
EAST R-S-20 VACANT, SFDUs
SOUTH C-1 VACANT
WEST R-S-20 SFDUs
1. Comprehensive Plan: The Comprehensive Plan indicates the site is intended for Mixed
Residential/Commercial uses. The Mixed Residential/Commercial designation allows for a
combination of mixed-use residential and commercial in the same development, including single-
family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to
29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service
and office uses are also encouraged in this Land Use designation. Allowable zoning for Mixed
Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront. Land Use Policy LU-4-F
similarly suggests the City “Support mixed use, smart growth, infill, and compact developments
with transit and pedestrian amenities that promote a healthy community.”
Page 392 of 704
2
2. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and
other information, a threshold determination resulting in a Determination of Non-Significance
DNS) was issued for this project on 20 October 2022, under WAC 197-11-158.
ANALYSIS
Request
Applicant has submitted an application to rezone the East 132' of the South 330' of the Southeast ¼ of the
Southeast ¼ of the Southwest ¼ of Section 22, Township 9 North, Range 29 East WM, Records of Franklin
County, (6007 West Court Street; Parcel 118611039) from R-S-20 (Suburban District) to R-1 (Low-Density
Residential). The rezone is intended to facilitate a 2-lot subdivision.
Site
The site is located at 6007 West Court Street, in a primarily residential neighborhood on the northwest
corner of Road 60 and West Court Street. West Court Street is an arterial street. Property lines extend
into the rights-of-way of both West Court Street and Road 60 and would need to be dedicated in
conjunction with a short plat.
History
The site was annexed into the City of Pasco in 2012 (Ordinance 4077) as part of the Riverview Annexation
Area #2 and assigned R-S-20 zoning in conjunction with the annexation (Ordinance 4078).
The site is developed with a 1,700 square-foot SFDU and two outbuildings. The home was built in 1941.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
The site was annexed to the City of Pasco in 2012 (Ordinance 4077) and assigned R-S-20 zoning (Ordinance
4078) in conjunction with the annexation. The zoning has not changed since the annexation.
2. The changed conditions, which are alleged to warrant other or additional zoning:
The property is considered “infill” property as development has occurred around it. Water service has been
developed in both West Court Street and Road 60; no sewer service is available to the site; the closest
sewer service is approximately 1,785 feet to the west along West Court Street. Another line may be found
south of the site around 1,859 feet away in Road 62. The criteria for allocation under the future land use
section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands
designated for low-density residential uses when or where sewer is available, the location is suitable for
home sites, and there is a market demand for new home sites. However, sewer is not yet available to the
site. As sewer is not yet available to the site, it is not advisable to rezone to R-1 at this time.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be
in the best interest of advancing public health, safety, and general welfare of the community.
The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed
Residential/Commercial designation allows for a combination of mixed-use residential and commercial in
Page 393 of 704
3
the same development, including single-family dwellings, patio homes, townhouses, apartments and
condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty
centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable
zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront..
Water service has been developed in both West Court Street and Road 60. However, no sewer service is
available to the site; the closest sewer service is approximately 1,785 feet to the west along West Court
Street. Another line may be found around 1,859 feet south of the site in Road 62.
The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol.
II, page 17) encourages development of lands designated for low-density residential uses when or where
sewer is available, the location is suitable for home sites, and there is a market demand for new home
sites. As sewer is not yet available to the site, it is not advisable to rezone to R-1 at this time.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
Rezoning from R-S-20 to R-1 would allow for a 2-lot subdivision and development of another new home on
the north end of the site. Per PMC 16.15.010, City water and/or sewer service connection to the lot(s),
parcel(s) or tract(s) of land sought to be developed shall be a prerequisite to the issuance of a development
permit. No development permit shall be issued without compliance with this section except as stated in
this chapter.
As noted above, no sewer service is available to the site; the closest sewer service is approximately 1,785
feet to the west along West Court Street.
Per PMC 16.15.050 The (sewer connection) prerequisite requirements for a development permit stated in
PMC 16.15.010 may be waived by:
1) Approval of the City Council by majority vote at any regular meeting or administrative approval as
contained in subsection (2) of this section, upon such forms as they shall deem necessary to enable them
to make specific findings of fact as to why a waiver should be granted. All such waivers must be applied
for in writing on a form or forms to be supplied by the City of Pasco and all denials of such waiver shall also
be in writing and state specific findings upon which the denial is based. The grant of a waiver may be
reasonably conditioned and any such conditions shall be in writing, signed by the owner of the land,
recorded and run with the land. Such conditions may include but shall not be limited to the following:
a) A specific period of exception;
b) Required participation in future public sewer and/or water service extension by L.I.D. or other
means;
c) The signing by the owner of the property of a hold harmless and/or indemnity agreement in
favor of the City of Pasco.
2) Administrative approval of the City Manager or designee for waiver of sewer utility connections
provided the property for which the waiver is requested meets the following conditions:
a) Must be of adequate size, soil type, slope and other conditions to meet the Benton-Franklin
Health District requirements for on-site septic systems and replacement drain fields and must
receive final approval from the District for the on-site system;
b) Must be greater than 200 feet from an existing municipal sewer service line or must be
dependent on the provision of future sewer infrastructure to receive sewer service – such as
additional line or treatment facility capacity, lift stations or similar components;
Page 394 of 704
4
Waiver criteria are listed in PMC 16.15.060. Neither Council nor administrative approval for exemption has
been sought by applicant. A development permit will not be issued for this project as currently proposed.
The Benton-Franklin Health District requires a minimum of 12,500 square feet of useable area per lot in
the most suitable soil conditions and up to 22,000 square feet in a clay loam soil for a septic system. With
appropriate rights-of-way dedicated, the remaining lot size would be around 28,082 square feet.
5. The effect on the property owner or owners if the request is not granted:
With the current R-S-20 zoning the property owner could not subdivide the lot (currently 32,439.73 square
feet).
6. The Comprehensive Plan land use designation for the property:
The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed
Residential/Commercial designation allows for a combination of mixed-use residential and commercial in
the same development, including Single-family dwellings, patio homes, townhouses, apartments and
condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty
centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable
zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront.
7. Such other information as the Hearing Examiner requires:
No rights-of-way have been dedicated around the site; rights-of-way would need to be dedicated at the
frontages of both West Court Street and Road 60 in conjunction with any future development. The resulting
parcel would be around 28,082 square feet.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on October 19, 2022.
2. Applicant wishes to rezone Parcel 118611039 from R-S-20 (Suburban District) to R-1 (Low-Density
Residential).
3. The rezone is intended to facilitate a 2-lot subdivision.
4. The site is located at 6007 West Court Street.
5. The site is in a primarily residential neighborhood.
6. The site is located on the northwest corner of Road 60 and West Court Street.
7. West Court Street is an arterial street.
8. Property lines extend into the rights-of-way of both West Court Street and Road 60.
9. Rights-of-Way would need to be dedicated in conjunction with a short plat.
10. The site was annexed into the City of Pasco in 2012 (Ordinance 4077) as part of the Riverview
Annexation Area #2
11. The site was assigned R-S-20 zoning in conjunction with the annexation (Ordinance 4078).
12. The site is developed with a 1,700 square-foot SFDU and two outbuildings.
13. The home was built in 1941.
14. The property is considered “infill” property as development has occurred around it.
15. Water service has been developed in both West Court Street and Road 60
16. No sewer service is available to the site
Page 395 of 704
5
17. The closest sewer service is approximately 1,785 feet to the west along West Court Street.
18. Another sewer service line may be found south of the site around 1,859 feet away in Road 62.
19. The criteria for allocation under the future land use section of Volume II of the Comprehensive
Plan (Vol. II, page 17) encourages development of lands designated for low-density residential
uses
a. when or where sewer is available,
b. the location is suitable for home sites, and
c. there is a market demand for new home sites.
20. The proposed zoning request is consistent with the Comprehensive Plan which has been
determined to be in the best interest of advancing public health, safety, and general welfare of
the community.
21. The Comprehensive Plan designates the property “Mixed residential/commercial.”
22. Mixed residential/commercial may be zoned R-1 through R-4, C-1, O, and Waterfront.
23. Mixed residential/commercial designation includes “Residential development at a density of 2 to
5 dwelling units per acre.”
24. R-1 zoning allows for a minimum lot size of 7,200 square feet.
25. Per PMC 16.15.010, City water and/or sewer service connection to the lot(s), parcel(s) or tract(s)
of land sought to be developed shall be a prerequisite to the issuance of a development permit.
26. Per PMC 16.15.010, No development permit shall be issued without compliance with this section
except as stated in this chapter.
27. Per PMC 16.15.050 The (sewer connection) prerequisite requirements for a development permit
stated in PMC 16.15.010 may be waived by:
a. Approval of the City Council by majority vote at any regular meeting or
b. administrative approval
28. Administrative approval for waiver of sewer utility connections of the City Manager or designee
may be granted, provided the property for which the waiver is requested meets the following
conditions:
a. (a) Must be of adequate size, soil type, slope and other conditions to meet the Benton-
Franklin Health District requirements for on-site septic systems and replacement drain
fields and must receive final approval from the District for the on-site system;
b. (b) Must be greater than 200 feet from an existing municipal sewer service line or must
be dependent on the provision of future sewer infrastructure to receive sewer service –
such as additional line or treatment facility capacity, lift stations or similar components;
29. Waiver criteria are listed in PMC 16.15.060.
30. Neither Council nor administrative approval for exemption has been sought by applicant.
31. The Benton-Franklin Health District requires a minimum of 12,500 square feet of useable area per
lot in the most suitable soil conditions and up to 22,000 square feet in a clay loam soil for a septic
system.
32. With appropriate rights-of-way dedicated, the remaining lot size would be around 28,082 square
feet.
33. With the current R-S-20 zoning the property owner could not subdivide the lot.
34. A development permit will not be issued for this project as currently proposed.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
Page 396 of 704
6
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed
Residential/Commercial designation allows for a combination of mixed-use residential and commercial in
the same development, including Single-family dwellings, patio homes, townhouses, apartments and
condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty
centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable
zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront.
The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy
Land Use Goals; Land Use Policy LU-4-F similarly suggests the City “Support mixed use, smart growth, infill,
and compact developments with transit and pedestrian amenities that promote a healthy community.”.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed
Residential/Commercial designation allows for a combination of mixed-use residential and commercial in
the same development, including Single-family dwellings, patio homes, townhouses, apartments and
condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty
centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable
zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront; As such, this
proposal will not be materially detrimental to any future nearby developments.
3. There is merit and value in the proposal for the community as a whole.
The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals
and Policies as adopted by the Pasco City Council. Based on past experience with rezoning underutilized
land adjacent to existing subdivisions, the proposed rezone will not negatively impact adjoining properties.
Rezoning the property will assist with the implementation of the Comprehensive Plan.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The Pasco Municipal Code includes design standards for residential development. Furthermore, with a
rezone the area would need to be short-platted to meet current City subdivision standards. If or when
applicants pursue the development of this property, they will be required to conform to subdivision and
design standards established by the PMC. No special conditions are proposed. A development permit will
not be issued for this project as currently proposed.
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
If or when applicants pursue the development of this property, they will be required to conform to
subdivision and design standards established by the PMC. No Concomitant Agreement is considered
necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein that the East 132' of the South
330' of the Southeast ¼ of the Southeast ¼ of the Southwest ¼ of Section 22, Township 9 North, Range 29
East WM, Records of Franklin County, Except the South 36 feet thereof deeded to Franklin County under
Auditor's File No. 394215 (6007 West Court Street; Parcel #118611039), located on the northwest corner
of Road 60 and West Court Street, Pasco, Franklin County, WA, be rezoned from R-S-20 (Suburban District)
to R-1 (Low-Density Residential).
Page 397 of 704
LINE TABLE
LINE LENGTH DIRECTION
L1 36.01 N00"20'36"E
L2 20.00 S89'21 '08"W
CURVE TABLE
CURVE LENGTH RADIUS b. CH DIREC. CHORD
C1 38.84 25.00 89'00'32" N44'50'52"E 35.05
1...0' 0
10' UTIL ESMT
1...01 ":') MEADOWS WEST-+-lESTATESI
S89·21 '08"W 112.02·
ll 102.02' .
uOlz I·oOU
D10'
5HO!<TPllrTNO,-
i
SE 1/4 OF THE SW 1/4 OF SEC. 22,
T. O9N., R.29E., W.M.,
CITY OF PASCO, FRANKLIN COUNTY,
WASHINGTON
RUBY ST.
1) i I FOUND CASED
30' BRASS CAP
N"
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VICINITY SKETCH
NOT TO SCALE
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S89·21 '08"W 2668. 10·
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0 40 80 120
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28127
W.COURT STREET
FOUND CASED 27
BRASS CAP
C.O.P. #16
BASIS OF BE ARINGWASTATEGRID
NAD 83(11)
SURVEYOR'S CERTIFICATE
THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME ORUNDERMYDIRECTIONINCONFORMANCEWITHTHEREQUIREMENTS OFTHESURVEYRECORDINGACTATTHEREQUESTOFMICHAELDAVIDSON
IN JUNE OF 2022.
DEREK C INGALSBE LS46886 DATE
RIGHT-OF-WAY AND EASEMENT NOTES (
D = HEREBY DEDICATED RIGHT-OF-WAY
1) = EXISTING RIGHT-OF-WAY
@ = HEREBY DEDICATED PUBLIC UTILITY EASEMENT
INDEX / ' ¼ ¼
SEC T. R. ,m 22 09N 29E,
PER C.O.P. CONTROL
EQUIPMENT USEDATHREE-SECOND TOTAL STATIONSPECTRAPRECISIONRTKGPS
LEGEND
0 = SET 5/8" REBAR W/ BLUE PLASTIC CAP
MARKED "STRATTON DCI 46886" e = FOUND AS INDICATED
B.0.B. = BASIS OF BEARING{
NS)/ZI = NOT FOUND OR SETS = FOUND CASED MONUMENT [###] =
ADDRESSES -- - - - - - =
EASEMENT= PROPERTY BOUNDARY
SHORT PLAT FOR
DAVIDSON
AUDITOR'S CERTIFICATE STRATTON SURVEYING
MAPPING P. C.
FILED FOR RECORD THIS _________ DAY OF 313 NORTH MORAIN STREET
KENNEWICK, WA 99336 __________ ,20 __ AT ____ .M, IN BOOK ___ OF (509)735-7364
FAX: (509) 735-6560 _________ AT PAGE _____ AT THE REQUEST OF strattan@strattansurvey.com
DEREK C. INGALSBE, P.L.S. 59185P1.DWG
DA TE: 06/29/22
FRANKLIN COUNTY AUDITOR DRAWN BY: DCI
2022
HT. 1 OF 2
JOB# 5918
Page 404 of 704
DESCRIPTION
THE EAST 132 FEET OF EVEN WIDTH OF THE SOUTH 330 FEET OF EVEN WIDTH OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 9
NORTH, RANGE 29 EAST, W.M., RECORDS OF FRANKLIN COUNTY, WASHINGTON; EXCEPT THE SOUTH 36
FEET THEREOF DEEDED TO FRANKLIN COUNTY UNDER AUDITOR'S FILE NO. 394215.
OWNER'S CERTIFICATE
I, THE UNDERSIGNED, HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE TRACT OF
LAND DESCRIBED HEREON, THAT I HAVE CAUSED SAID LAND TO BE SURVEYED AND SHORT
PLATTED INTO LOTS AS SHOWN HEREON, AND DEDICATED TO THE PUBLIC ALL EASEMENTS
AND STREET RIGHTS-OF-WAY SHOWN HEREON.
MICHAEL JOHN DAVIDSON
ACKNOWLEDGEMENT
STATE OF
COUNTY OF ____________ _
I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT MICHAEL JOHN DAVIDSON
IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE/SHE
SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE
INSTRUMENT AND ACKNOWLEDGED IT AS HIS SOLE ESTATE, TO BE THE FREE AND VOLUNTARY
ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT.
DATED: ___________ _
PRINTED NOTARY PUBLIC
SIGNED NOTARY PUBLIC MY APPOINTMENT EXPIRES
NOTES
1.THIS SURVEY DOES NOT CONST IT UT E A TITLE SEARC H BY STRATTON
SURVEYING AND MAPPING PC. FOR ALL INFORMATION REGARDING
EAS EMENTS, RIGHTS-OF -WAY AND TITLE OF RECORD SEE SUBDIVISION
GUARANTEE PREPARED BY TICOR TITLE COMPANY, ORDER NUMBER
472220205, DATED APRIL 6, 2022, OF WHICH WAS RELIED UPON TO PLOT
SAID ITEMS.
2.STRATTON SURVEYING AND MAPPING MAKES NO WARRANTIES AS TO
MATTERS OF UNWRITTEN TITLE, SUCH AS, ADVERSE POSSESSION,
ACQUIESCENCE, ESTOPPEL, ETC.
r--
L
5HO!<rPL-ArNO,
SE 1/4 OF THE SW 1/4 OF SEC. 22,
T. O9N., R.29E., W.M.,
CITY OF PASCO, FRANKLIN COUNTY,
WASHINGTON
NOTARY STAMP
BLACK INK ONLY
7
J
IRRIGATION
THE PROPERTY DESCRIBED HEREIN IS LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE
FRANKLIN COUNTY IRRIGATION DISTRICT. I HEREBY CERTIFY THAT THE IRRIGATION
EASEMENTS AND RIGHT-OF-WAY SHOWN ON THIS SHORT PLAT ARE ADEQUATE TO SERVE
THE LOTS LOCATED WITHIN THIS SHORT PLAT WHICH ARE OTHERWISE ENTITLED TO
IRRIGATION WATER UNDER THE OPERATING RULES AND REGULATIONS OF THE DISTRICT,
AND THAT ALL OTHER IRRIGATION DISTRICT REQUIREMENTS AS SPECIFIED BY RCW
58.17.310 HAVE BEEN SATISFIED. I FURTHER CERTIFY THAT ALL ASSESSMENTS HAVE BEEN
PAID THROUGH THE YEAR _____ A.D.
FRANKLIN COUNTY
IRRIGATION DISTRICT
APPROVALS
TITLE DATE
THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY APPROVED FOR THE FRANKLIN
COUNTY P.U.D.
FRANKLIN COUNTY P.U.D. DATE
I HEREBY CERTIFY THAT THE TAXES ON THE LAND DESCRIBED HEREON HAVE BEEN PAID IN
FULL THIS DAY OF _____ 20 __ A.O. (PARCEL NO. 118611039)
FRANKLIN COUNTY TREASURER DATE
THE ANNEXED SHORT PLAT IS HEREBY APPROVED BY AND FOR THE CITY OF PASCO, STATE
OF WASHINGTON.
CITY ENGINEER DATE
THE ANNEXED SHORT PLAT IS HEREBY APPROVED BY AND FOR THE CITY OF PASCO, STATE
OF WASHINGTON.
CITY PLANNER DATE
AUDITOR'S CERTIFICATE
FILED FOR RECORD THIS _________ OAY OF
20 __ AT ____ .M, IN BOOK ___ OF
AT PAGE _____ AT THE REQUEST OF
DEREK C. INGALSBE, P.L.S.
FRANKLIN COUNTY AUDITOR
SHORT PLAT FOR
DAVIDSON
STRATTON SURVEYING
MAPPING P. C.
5918SP1.DWG
313 NORTH MORAIN STREET
KENNEWICK, WA 99336
509)735-7364
FAX: (509) 735-6560
strot ton@strottonsurvey. com
2022
DAT£: 06/29/22 SHT. 2 OF 2
DRAWN BY: DCI JOB# 5918
Page 405 of 704
Looking North
Looking Northeast
Looking East
Looking Southeast
Looking South
Looking Southwest
Looking West
Looking Northwest
Site
Affidavit of Mailing
In regards to MF# 22022-016
I, Carmen Patrick, hereby confirm that notification was sent by mail October 19, 2022 to the owners of
the parcels within 300 feet ofthe proposed site.
The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was
sent and to whom received the notification.
Given under my hand and official signature this 19TH day, October of 2022.
CA!)
Representative's Signature
Page 415 of 704
f Cityof
llii Pasco Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509 .545.3441 / F: 509.545 .3499
PUBLIC NOTICE
Si necesita ayuda para entender este aviso o neces ita mas informaci6n , por favor Harne al Departamento de
Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509 -545-3441.
Proposal: Michael Davidson has submitted a rezone application (Z 2022 -016) from R-S -20 (Suburban) to
R-1 (Low Density Residential), for land in Section 25 , Township 9, Range 29 , Pasco , Franklin County, WA
Parcel 118611039) located at 6007 W Court Street. The proposal is subject to regulations contained in
the Pasco Municipal Code .
Public Comment Period: Wr itten comments must be submitted to the Community Development Department
by 5 :00 p.m . on 9 November 2022 to be included in the Hearing Examiner packet . If you have questions on the
proposal , contact the Planning Division at (509) 545 -3441 or via e-mail to : beank@pasco -wa .gov .
Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6 :00 p.m . on 9 November
2022 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco , Wash ington . The Hearing
Examiner will consider public testimony concerning the above application at this meeting.
If you wish to participate in the hearing virtually, please register at least 2 hours prior to the
meeting at the following registration link:
www.pasco-wa .gov/publiccomment
After registering, you will receive a confirmation email containing information about joining
the webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the
Special Permit within ten (10) business days of the public hearing.
Prepared 18 October 2022 by : Kelsey Bean, Planner 2, PO Box 293 Pasco , WA 99301 (509) 545-3441
The City of Pasco welcomes full participation in public meetings by all citizens . No qualifi ed indiv idual with a disability shall be
excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or requi re assistance to comment
at this public meeting , please contact the Community Development Department at (509 ) 545-3441 or TDD (509 ) 585-4425 at least
ten days prior to the date of the meeting to make arrangements for special needs .
Page 416 of 704
Land Use Map Item:
Page 419 of 704
Page 420 of 704
1
Jeff Adams
From:Mary-Beth Carnaghan <mcarnaghan@yahoo.com>
Sent:Friday, October 28, 2022 11:26 AM
To:Jeff Adams
Subject:Rezoning Application for 6007 West Court St
You don't often get email from mcarnaghan@yahoo.com.Learn why this is important at
https://aka.ms/LearnAboutSenderIdentification
NOTICE:This message originated outside of City of Pasco DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
Hello Jeff,
Thanks for speaking with me today.As requested I am sending you an email about my objections to rezoning of 6007
West Court St.
My primary objection is that rezoning opens up the possibility of use for light commercial use such as a gas station.
This would impact our neighborhood with more noise and traffic on West Court Street and road 60,which already is
struggling with increased traffic with the large development on Road 60 opposite 6007 West Court Street.
It would also increase risk of ground soil contamination to surrounding houses,many of which,like myself,have
gardens.
It would also lower our property values,as no longer a strictly residential neighborhood.
In order for the property to be re zoned it would require capping well and putting it on city water and adding new
septic,which would again cause disruption and noise and require pipes to be brought under Road 60,requiring road
again being torn up,and more jackhammer work which affects my house’s foundations again.
Mr.Davidson has so far shown no regard for impact of his property renovations on the neighborhood,and has
undertaken significant projects without proper permits,or regard to building codes,or noise and impact on
neighborhood.
In August,he listed the property as 2 separate lots per For Sale signs on the existing property,even though it has not
been subdivided,and north end of property has well and thus no septic system,and house would then have no water
from well.I feel this again demonstrates he would develop new properties with rezoning without due diligence,or
concern for their proper development.
Thanks for your time and attention in this manner Mary Beth Carnaghan and Greg Galeski
6013 West Court Street
Pasco,WA 99301
Sent from my iPhone
Page 421 of 704
AGENDA REPORT
FOR: City Council November 30, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Ordinance No. 4631 - Amending the Pasco Municipal Code Title 3 and
Establish Animal Control Operations Fund
I. REFERENCE(S):
Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4631, relating to the establishment of
the Animal Control and Services Fund to support the newly City managed
Facility and create a new Chapter 3.147, "Animal Control and Services Fund"
in the Pasco Municipal Code, and further, authorize publication by summary
only.
III. FISCAL IMPACT:
Allows appropriations authority for use of Animal Control and Services
proceeds, as Council directed, with a special revenue fund specifically for
Animal Control and Services Operations.
IV. HISTORY AND FACTS BRIEF:
The Tri-Cities Animal Control Authority (TCACA) is jointly operated by the Cities
of Pasco, Kennewick and Richland through an interlocal agreement. Historically,
daily operations were performed by a contractor. In 2021, law enforcement
actions against the then-existing contractor led the City to invite Benton Franklin
Humane Society to temporarily fill a daily operations role. In November of 2021,
Benton Franklin Humane Society (BFHS) agreed to assume all operations for
regional animal control including shelter operations and personnel management.
BFHS completed its emergency term on July 15, 2022. A Request for Proposals
for an external contractor proved unsuccessful. With no adequate third party
contractor to assume service provision at the TCACA, City of Pasco staff
Page 422 of 704
assumed day-to-day operations of animal control services and facility on July 16,
2022.
Since assumption of daily operations, financial activity and record keeping has
been recorded in the City's General Fund. During completion of the 2023 -2024
Biennial Budget, budgetary planning was recorded in an anticipated, new fund
with the unique purpose of accounting for Animal Control and operation of the
facility (shelter).
V. DISCUSSION:
Even with the above discussed operational changes, it is appropriate to continue
accounting for the re venue and expenses associated with the Animal Control
and Services Operations within the General Fund. However, in the interest of
clear and distinct accounting, to facilitate ease of reporting, and transparency for
our partner agencies and the general public, the establishment of a unique
special revenue fund is recommended.
Page 423 of 704
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
RELATING TO THE ESTABLISHMENT OF THE ANIMAL CONTROL AND
SERVICES FUND TO SUPPORT THE NEWLY CITY MANAGED FACILITY
AND CREATE A NEW CHAPTER 3.147 “ANIMAL CONTROL AND
SERVICES FUND” IN THE PASCO MUNICIPAL CODE.
WHEREAS, the Tri-Cities Animal Control Authority (ACA) was created by an Interlocal
Agreement that did not create a separate legal entity. It was comprised of the Cities of Pasco,
Kennewick, and Richland and serves to provide a region-wide and uniform approach to
enforcement of animal control and housing; and
WHEREAS, the ACA member parties also had established a Management Committee
comprised of representatives of the member Cities to determine the best manner in which to
provide animal control services; and
WHEREAS, the ACA encountered significant operational issues recently and was unable
to identify a suitable contractor to manage the facility; and
WHEREAS, it was ultimately determined that the City of Pasco staff should take over the
facility’s day-to-day operations and animal control and provide the needed service levels for
animal control; and
WHEREAS, after careful examination of operations, the three (3) Cities’ Councils
determined that a City Managed animal control operations and services would be the most
effective route to take concerning the needs of taxpayers and the animals, while the Interlocal
Agreement among the three Cities allows for a member City to perform the animal control
functions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. The City Council hereby incorporates the above “Whereas” recitals as findings
in support of this Ordinance.
Section 2. That a new Chapter 3.147 entitled “Animal Control and Services Fund” of the
Pasco Municipal Code, which establishes the fund for the purpose of accounting for the Tri-Cities
Animal Control operations, shall be and hereby is created and shall read as follows:
Page 424 of 704
Chapter 3.147
Animal Control and Services Fund
Sections:
3.147.010 Created
3.147.020 Purpose
3.147.010 Created
There is created a new fund established as a special revenue fund for the purpose
of accounting for funds received, disbursed, or expended in conjunction with the
Tri-Cities Animal Control operations and services.
3.147.020 Purpose
The purpose for the fund is to manage the operations of the Tri-Cities Animal
Control and account for revenue derived from adoption fees, compliance fees and
housing fees for the three participating cities. Revenue corresponding to each city
will be distributed accordingly.
Section 3. The Fund will be fully operational as of the beginning of fiscal year 2023. The
operational budget for this Fund was approved by Ordinance No. 4619.
Section 4. That the additions in appropriations and expenditures are hereby declared to
exist in the above funds for the said uses and purposes and the proper City officials are hereby
authorized and directed to issue warrants and transfer funds in accordance with the provisions of
the Ordinance.
Section 5. This Ordinance, being an exercise of a power specifically delegated to the City
legislative body, is not subject to referendum, and shall take full force and effect five (5) days after
approval, passage and publication as required by law.
Page 425 of 704
PASSED by the City Council of the City of Pasco, Washington this 5th day of December,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: ___________________________
Page 426 of 704
AGENDA REPORT
FOR: City Council November 30, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Colleen Chapin, Human Resources
Director
Executive
SUBJECT: Resolution No. 4287 - 2023-2025 International Association of Firefighter,
Local No. 1433, Collective Bargaining Agreement
I. REFERENCE(S):
Resolution
IAFF Collective Bargaining Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4287, approving the 2023-2025
Collective Bargaining Agreement with the International Association of
Firefighters, Local No. 1433.
III. FISCAL IMPACT:
Increased cost of department operations (base wages and benefits) by
approximately $1,423,829 in 2023 (costs in 2023, 2024 and 2025 are offset by
the 15 new position wages and benefits covered by the 3 -year SAFER grant),
895K in 2024 and an estimated $806K based on 5% wage increase (3.5%
minimum – maximum 6%), which cannot be determined until the June 2024 CPI
is released in July 2024). Historically, staffing assignment was evenly split
between the Ambulance and General Funds. However, to more accurately
reflect area of demand the 2023 - 2024 Budget assigns 52% of Fire Department
personnel to Ambulance Fund and the remaining 48% to General Fund.
IV. HISTORY AND FACTS BRIEF:
The current contract terminates December 31, 2022
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V. DISCUSSION:
Negotiations commenced on August 23, 2022, with this 84-member bargaining
unit, soon to be 90-members with the hires required by the three-year SAFER
grant. The parties reached a tentative agreement on October 21, 2022.
The International Association of Firefighters (IAFF), Local No. 1433 notified the
City on December 2, 2022, that the members had voted to ratify the tentative
agreement. Numerous contract language modifications were negotiated, which
provide greater clarity for management and the bargaining unit members.
It was in the best interest of both the IAFF Local No. 1433 and the City to reach
this tentative agreement and have it ratified before the current contract was
expired. This was accomplished in eight bargaining sessions, and with mutual
respect across the table between both bargaining teams.
It is important to note that having a settled contract with this interest arbitration
eligible unit is advantageous in that it limits potential arbitration costs and
prevents an outside party from imposing financial mandates upon the City.
Additionally, as it is mandated for the City to maintain reasonable parity, with
comparable jurisdictions throughout Washington State, for a range of benefits
which can be priced out as "total compensation," in order not to find itself in a
position of vulnerability if arbitration is invoked. As such, the proposed
settlement, without the city having to go into extended bargaining, mediation
and/or arbitration, represents important assurance, during life of the contract, for
current and future bargaining unit members regarding wages and benefits as
well as knowledge for the city for budgeting purposes and the bargaining unit for
recruitment and retention.
It is also of note that IAFF Local No.1433 came to the table knowing that the
June 2022 Consumer Price Index (CPI) used for bargaining, included wage
increases was 8.5%. Knowing this, and again with an interest arbitration unit,
and the need to maintain reasonable parity with similar size departments
throughout the State, it is felt by all that a reasonable wage was agreed upon.
Following are the significant changes reflected in the new agreement:
Effective January 2023
7.5% base wage increase
Incentive pay increases for specialty assignments (Appendix A.1)
New incentive pay for higher education (CBA Article 21.4)
Continuous Service pay increases (AppendixA.1)
Increased differential pay between ranks (Article 23 Wages)
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Effective January 2024:
6.5% base wage increase
Effective January 2025:
100% of CPI-U, b/c cities (June–June) minimum 3.5%/maximum 6%
Staff recommends Council ratification of the 2023 -2025 IAFF Local No. 1433
Collective Bargaining Agreement.
Page 429 of 704
Resolution – 2023-2025 IAFF CBA - 1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, APPROVING THE 2023-2025 COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF PASCO AND LOCAL NO. 1433
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS.
WHEREAS, the City of Pasco Council has approved Collective Bargaining Agreements
CBAs) with the International Association of Firefighters (IAFF), Local No. 1433 since 1972; and
WHEREAS, the current CBA with IAFF, Local No. 1433 will expire December 31, 2022;
and
WHEREAS, successor CBA negotiations commenced on August 23, 2022, with the 84-
member bargaining unit, and after numerous contract language modifications were negotiated
which provide greater clarity for management and the bargaining unit members, the parties reached
a tentative agreement on October 21, 2022; and
WHEREAS, on _________, 2022, the IAFF representative notified the City that the
membership voted to ratify the tentative 2023-2025 Collective Bargaining Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Collective Bargaining Agreement Between the City of Pasco and Local No. 1433
International Association of Firefighters, will commence on January 1, 2023, and remain in force
through December 31, 2025; and
Be it Further Resolved that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to execute the 2023-2025 Collective Bargaining
Agreement Between City of Pasco and Local No. 1433 International Association of Firefighters,
a copy of which is attached hereto, and incorporated herein by this reference as Exhibit A, on
behalf of the City of Pasco.
Be It Further Resolved that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
Page 430 of 704
Resolution – 2023-2025 IAFF CBA - 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
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2023 – 2025 Collective Bargaining Agreement between City of Pasco and Local No. 1433,
International Association of Fire Fighters – Page 1
January 1, 2023 – December 31, 2025
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF PASCO
and
LOCAL NO. 1433
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
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2023 – 2025 Collective Bargaining Agreement between City of Pasco and Local No. 1433,
International Association of Fire Fighters – Page 2
2023 – 2025 Table of Contents
ARTICLE 1 – RECOGNITION ...................................................................................................7
Section 1.1 – Union Recognized. ...............................................................................................7
Section 1.2 – Negotiations. .........................................................................................................7
Section 1.3 – Classifications. .....................................................................................................7
ARTICLE 2 – TERM OF AGREEMENT...................................................................................8
ARTICLE 3 – UNION SECURITY/PAYROLL DEDUCTION ...............................................8
Section 3.1 Assessment – Exception. ........................................................................................8
Section 3.2 Payroll Deductions. .................................................................................................8
Section 3.3 Hold Harmless. .......................................................................................................8
ARTICLE 4 – DISCRIMINATION .............................................................................................8
Section 4.1 No Discrimination. ..................................................................................................8
ARTICLE 5 – UNION BUSINESS ...............................................................................................8
ARTICLE 6 – LEGISLATIVE COST INCREASES .................................................................9
ARTICLE 7 – PREVAILING RIGHTS ......................................................................................9
ARTICLE 8 – MANAGEMENT RIGHTS..................................................................................9
ARTICLE 9 – GRIEVANCE PROCEDURE............................................................................10
Section 9.1 Procedure Steps. ...................................................................................................10
Section 9.2 Non-Compliance With Time Limits....................................................................11
Section 9.3 Exceptions To Grievance Procedure. .................................................................11
Section 9.4 Election Of Remedies/Waiver. ............................................................................11
ARTICLE 10 – SUPPLEMENTAL AGREEMENT ................................................................11
ARTICLE 11 – PERFORMANCE OF DUTY – NO STRIKE AGREEMENT.....................11
ARTICLE 12 – SAVINGS CLAUSE .........................................................................................11
ARTICLE 13 – FIRE CODE ENFORCEMENT ......................................................................12
ARTICLE 14 – VACATIONS ....................................................................................................12
Section 14.1 Accrual.................................................................................................................12
Section 14.2 Vacation and Holiday Scheduling. ....................................................................12
Section 14.3 Usage/Maximum Accrual. .................................................................................13
Section 14.4 Separation From Service. ..................................................................................13
Section 14.5 Vacation Cash Out. ............................................................................................13
ARTICLE 15 – SICK LEAVE ....................................................................................................13
Section 15.1 Accrual.................................................................................................................13
Section 15.2 Employees. ...........................................................................................................14
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Section 15.3 Benefit Changes. .................................................................................................14
Section 15.4 Illness of Family Members. ................................................................................14
Section 15.5 Notification and Reporting. ...............................................................................15
Section 15.6 Family and Medical Leave Act. .........................................................................15
Section 15.7 Washington Paid Family and Medical Leave Program. .................................15
ARTICLE 16 – SICK LEAVE BUY BACK ..............................................................................15
ARTICLE 17 – HOLIDAY PAY ................................................................................................16
Section 17.1 Holidays. ..............................................................................................................16
Section 17.2 Accrual/Utilization. ............................................................................................16
ARTICLE 18 – BEREAVEMENT .............................................................................................16
ARTICLE 19 – HEALTH INSURANCE ..................................................................................17
Section 19.1 Employee Medical Wellness/Preventive Coverage. .........................................17
Section 19.2 Employee Prescription Coverage. ....................................................................17
Section 19.3 Employee Dental Coverage. ..............................................................................17
Section 19.4 Employee Vision Coverage. ..............................................................................17
Section 19.5 Dependent Medical Wellness/Preventive Coverage. .......................................17
Section 19.6 Dependent Prescription Coverage. ..................................................................18
Section 19.7 Dependent Dental Coverage .............................................................................18
Section 19.8 Dependent Vision Coverage. ..............................................................................18
Section 19.9 ...............................................................................................................................18
Section 19.10 .............................................................................................................................18
Section 19.11 .............................................................................................................................18
Section 19.12 Re-opener Due to State or Federal Legislation. ............................................18
Section 19.13 Health Reimbursement Account – VEBA. .....................................................19
ARTICLE 20 – GROUP TERM LIFE INSURANCE ..............................................................19
ARTICLE 21 – EDUCATION & TRAINING ..........................................................................19
Section 21.1 - Employer Initiated Training. ..........................................................................19
Section 21.2 - Employee Initiated Training. ..........................................................................20
Section 21.3 – Fire Science and Advanced Life Support. .....................................................20
Section 21.4 Education Incentive Pay. ...................................................................................20
ARTICLE 22 – UNIFORM/PROTECTIVE CLOTHING ARTICLES .................................21
Section 22.1 Provisions and Maintenance. .............................................................................21
Section 22.2 Quantity Provided to Each Employee. .............................................................21
Section 22.3 Replacement. .......................................................................................................21
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Section 22.4 Routine Safety Equipment Inspections. ...........................................................21
Section 22.5 Cleaning. ..............................................................................................................21
ARTICLE 23 – WAGES .............................................................................................................22
Section 23.1 Wages. ..................................................................................................................22
Section 23.2 Incentive Pay. ......................................................................................................22
Section 23.3 Continuous Service Pay .....................................................................................22
Section 23.4 Battalion Chief Pay.............................................................................................22
Section 23.5 Captain Pay. ........................................................................................................22
Section 23.6 Lieutenant Pay. ...................................................................................................22
Section 23.7 Paramedic Pay. ...................................................................................................22
Section 23.8 Firefighter Pay Steps. .........................................................................................22
Section 23.9 Adjusted Hourly Rate of Pay.............................................................................23
Section 23.10 Deferred Compensation. ..................................................................................23
ARTICLE 24 – OVERTIME PAY .............................................................................................23
Section 24.1 Pre-Scheduled Overtime. ...................................................................................23
Section 24.2 Time Paid. ...........................................................................................................23
Section 24.3 Call Back Pay. .....................................................................................................23
Section 24.4 Off-Duty Events ..................................................................................................23
Section 24.5 Overtime Rates. ..................................................................................................23
Section 24.6 Exceptions. ..........................................................................................................24
ARTICLE 25 – WORKING OUT OF CLASSIFICATION ....................................................24
ARTICLE 26 – SPECIALTY TEAMS ......................................................................................25
ARTICLE 27 – OFFICER/PARAMEDIC INCENTIVE PAY ...............................................25
ARTICLE 28 – HOURS ..............................................................................................................25
Section 28.1 Shifts and Work Periods. ...................................................................................25
Section 28.2 Kelly Days............................................................................................................25
Section 28.3 New Hires – Special Scheduling. .......................................................................25
Section 28.4 Time Off Approvals. ...........................................................................................26
Section 28.5 Productivity Emergency Stand-By Schedule. ..................................................26
ARTICLE 29– SHIFT REASSIGNMENT ................................................................................26
ARTICLE 30 – SHIFT EXCHANGE ........................................................................................27
ARTICLE 31 – VACANCIES/PROMOTIONS ........................................................................27
Section 31.1 Temporary Upgrade –Battalion Chief..............................................................27
Section 31.2 Temporary Upgrade – Captain. ........................................................................28
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Section 31.3 Temporary Upgrade – Lieutenant. ...................................................................28
ARTICLE 32 – STATION BIDDING ........................................................................................29
ARTICLE 33 – PROBATIONARY EMPLOYEES .................................................................29
ARTICLE 34 – PARAMEDIC PERSONNEL ..........................................................................30
Section 34.1 ...............................................................................................................................30
Section 34.2 ...............................................................................................................................31
Section 34.3 ...............................................................................................................................31
Section 34.4 ...............................................................................................................................31
ARTICLE 35 – INTER-FACILITY TRANSPORTS ...............................................................31
Section 35.1 ...............................................................................................................................31
Section 35.2 Current Practice. ................................................................................................31
Section 35.3 Negotiations. ........................................................................................................31
ARTICLE 36 – STAFF MEETINGS .........................................................................................32
Section 36.1 Regular Meeting. ................................................................................................32
Section 36.2 Decisions Regarding Department Operations .................................................32
Section 36.3 Off-Duty Employees Required to Attend .........................................................32
ARTICLE 37 – RULES AND REGULATIONS .......................................................................32
ARTICLE 38 – WORK REQUIREMENTS .............................................................................32
ARTICLE 39 – TOBACCO USE ...............................................................................................32
ARTICLE 40 – SUBSTANCE FREE WORKPLACE .............................................................33
ARTICLE 41 – OUTSIDE EMPLOYMENT ............................................................................33
ARTICLE 42 – PHYSICAL FITNESS ......................................................................................33
Section 42.1 Goals and Testing. ..............................................................................................33
Section 42.2 Time. ....................................................................................................................33
Section 42.3 Place. ....................................................................................................................34
Section 42.4 Rules and Regulations/Safety Precautions. ......................................................34
ARTICLE 43 – PERSONNEL REDUCTION ..........................................................................34
Section 43.1 Reductions Re-Employment. .............................................................................34
Section 43.2 Seniority Defined. ...............................................................................................34
Section 43.3 Seniority Listing..................................................................................................34
ARTICLE 44 – DISCIPLINE .....................................................................................................34
Section 44.1 Just Cause............................................................................................................34
Section 44.2 Progressive Discipline. .......................................................................................34
ARTICLE 45 – FORTY (40) – HOUR/WEEK UNIFORMED FIRE PERSONNEL ...........35
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Section 45.1 ...............................................................................................................................35
Section 45.2 ...............................................................................................................................35
Section 45.3 ...............................................................................................................................35
Section 45.4 ...............................................................................................................................36
Section 45.5 ...............................................................................................................................36
Section 45.6 ...............................................................................................................................36
Section 45.7 Base Hourly Rate ................................................................................................36
Section 45.8 Vacation Cash Out. ............................................................................................36
Section 45.9 Temporary Special Assignment. .......................................................................37
Section 45.10 Functional Assignment Promotions. ...............................................................37
ARTICLE 46 – MODIFIED DUTY ...........................................................................................37
Section 46.1 Non-Work Related. .............................................................................................37
Section 46.2 Work Related. .....................................................................................................37
Section 46.3 Offering of Modified Duty. ................................................................................37
ARTICLE 47 – WSCFF MEDICAL EXPENSE REIMBURSEMENT PLAN (MERP) ......38
ARTICLE 48 – ELECTRONIC EMERGENCY CALLBACK PAGING .............................38
ARTICLE 49 – D SHIFT ............................................................................................................39
D-Shift Personnel. ....................................................................................................................39
Signature Sheet Page 41
Appendix “A” – Hourly Wage Rates
Appendix “A.1” – Incentive Pay Chart
Appendix “B” – Substance Free Workplace
Appendix “C” – Notification of Employment
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2023 – 2025 Collective Bargaining Agreement between City of Pasco and Local No. 1433,
International Association of Fire Fighters – Page 7
2023-2025
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF PASCO
and
LOCAL #1433, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
This Agreement is made and entered into by and between the City of Pasco, Washington,
hereinafter referred to as the Employer and its Fire Department, and Local No. 1433 of the
International Association of Firefighters, hereinafter referred to as the Union.
ARTICLE 1 – RECOGNITION
Section 1.1 – Union Recognized. The City recognizes the Union as the sole and exclusive
bargaining agent, for the purpose of establishing wages, hours, and condition of employment, as
authorized by the Washington Public Labor Relations Act, for all full-time, regular, provisional or
temporary Fire Department employees in LEOFF classifications, with the exception of the Fire
Chief and Deputy Fire Chief. Said employees shall be covered by Civil Service as provided by
RCW 41.08.050.
Section 1.2 – Negotiations. The City, for the life of this agreement, agrees not to negotiate
with any other employee organization or its representative on matters pertaining to wages, hours
or conditions of employment for the employees represented by the Union as stated in this Article.
Section 1.3 – Classifications. If the City creates a new job classification and if the new
classification is a successor title to a classification covered by the agreement and the job duties are
not significantly altered or changed, the new classification shall automatically become a part of
this Agreement.
If the new classification contains a significant part of the work now being done by any of the
classifications covered by this Agreement, or if functions are similar to employees in this
bargaining unit, and the Union notifies the City of a desire to meet within ten (10) days of its
receipt of the City’s notice, the parties will then meet to review the proposed classification and, if
unable to reach agreement as to its inclusion or exclusion from the unit, shall submit the question
to the Washington State Public Employment Relations Commission. If the inclusion of the
proposed classification is agreed to by the parties or found appropriate by the Washington State
Public Employment Relations Commission, the parties shall then negotiate as to proper pay for
the classification, the city being free to assign a temporary rate pending the resolution of
negotiations.
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ARTICLE 2 – TERM OF AGREEMENT
This Agreement shall be effective the 1st day of January 2023 and shall remain in full force and
effective through the 31st day of December 2025.
ARTICLE 3 – UNION SECURITY/PAYROLL DEDUCTION
Section 3.1 Assessment – Exception. Any present employee of the Pasco Fire Department
or any future employee in the Pasco Fire Department coming within the classifications covered by
this Agreement, who voluntarily has joined IAFF Local 1433, shall pay the Union a monthly
assessment as a contribution toward the administration of this Agreement which shall be equivalent
to the regular monthly dues of the Union.
Section 3.2 Payroll Deductions. The City will deduct membership dues and any
assessments from all employees of the department covered under this Agreement, upon the receipt
by the City of a certified total payroll deduction form from the treasurer of the Local. The
membership dues and assessments shall be equal for all of said employees and the City shall pay
the same monthly dues or assessments withheld to the Secretary/Treasurer of said Local No. 1433.
Further, the City will submit a monthly accounting of said deductions, giving the amount deducted
opposite the employee’s name. The City will also deduct the monthly sum for disability insurance
premiums Such deduction shall be remitted by the City to the Secretary/Treasurer of Local No.
1433 with the dues deduction. The disability insurance deduction is a fixed monthly amount for
each employee for whom the deduction is taken, not a percentage of their pay.
Section 3.3 Hold Harmless. The Union shall indemnify, defend, and save harmless the
Employer against any and all claims, demands, suits or other forms of liability (monetary or
otherwise) and for all legal costs that shall arise out of or by reason of action taken or not taken by
the employer in complying with the provisions of this Article.
ARTICLE 4 – DISCRIMINATION
Section 4.1 No Discrimination. There shall be no discrimination against any employees
because of Union membership or non-Union membership. In accordance with applicable law,
neither the employer nor the Union shall discriminate against any employee covered by this
Agreement because of race, creed, color, national origin, sex, age, religion, marital status or
disability, except in the instance where age, sex, or absence of a disability may constitute a bona
fide occupational qualification under applicable law.
ARTICLE 5 – UNION BUSINESS
Any employee conducting business on the Union’s behalf may take leave by means of a qualified
replacement at no costs to the City.
The City and the Local have worked hard to establish a positive Labor/Management relationship.
It is well understood that the IAFF and WSCFF provide many educational opportunities that
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strengthen Labor Management relationships, as well as provide valuable operational education.
To continue to improve the relationship the City and the Local have established, and to continue
to gather information on best operational practices, the City agrees to accept training requests for
IAFF/WSCFF sponsored educational events, and will consider supporting the training, based on
the value of the education, and its benefits to the City.
ARTICLE 6 – LEGISLATIVE COST INCREASES
Should the Washington State Legislature enact legislation benefiting employees or immediate
families of employees covered by this Agreement, where the effect is to increase costs to the City
above those which exists at the time this Agreement is executed, the Union agrees to enter into
negotiations with the City, if requested, to negotiate the impact of the change.
ARTICLE 7 – PREVAILING RIGHTS
All rights and privileges held by the employees at the present time, which are not included in this
Agreement and which do not conflict with any provision of this Agreement, shall remain in full
force and effect.
ARTICLE 8 – MANAGEMENT RIGHTS
The Union recognizes the exclusive right and prerogative of the City to make and implement
decisions with respect to the operation and management of the Fire Department. Provided,
however, that the exercise of any and all these rights shall not conflict with any provision of this
Agreement. Such rights include but are not limited to the following:
1. To establish the qualifications for employment and to employ employees.
2. To establish the makeup of the Fire Department’s work force and make changes from time
to time, including the number and kinds of classifications, and direct the work force toward
the organizational goals established by the City.
3. The right to determine its mission, policies, and all standards of service offered to the
public.
4. To plan, direct, schedule, control and determine the operations or services to be conducted
by the employees of the Pasco Fire Department and City.
5. To determine the means, methods and number of personnel needed to carry out the
departmental operations and services.
6. To approve and schedule all vacations and other employee leaves.
7. To hire and assign or transfer employees within the Department or fire-related functions.
8. To lay off any employees from duty due to insufficient funds.
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9. To introduce and use new or improved methods, equipment or facilities.
10. To assign work to and schedule employees.
11. To take whatever action necessary to carry out the mission of the City in emergencies.
12. To determine the department budget.
Any employee within the bargaining unit, who may feel aggrieved by the unfair or discriminatory
exercise of any of the management rights specified above, may seek their remedy by the Grievance
Procedure provided for in this Agreement.
ARTICLE 9 – GRIEVANCE PROCEDURE
Section 9.1 Procedure Steps. Disputes regarding the interpretation of this Agreement shall
be handled in the following manner:
Step 1: The Union shall formally submit grievances in writing to the Fire Chief or their
designee. Such submission shall state the factual basis for the grievance, the provision
or provisions of the Agreement allegedly violated, and the remedy requested.
Grievances which are not filed within thirty (30) calendar days from the date of the
alleged violation shall be deemed waived for all purposes.
The Fire Chief or designee shall convene a Step 1 meeting within seven (7) calendar days of receipt
of the grievance. Attendance at such meeting may include appropriate supervisors, a Union
representative and the individual grievant. The Fire Chief or designee shall render a decision in
writing to the Union within fourteen (14) calendar days after the conclusion of the Step 1 meeting.
Step 2: The decision of the Fire Chief may be appealed in writing to the City Manager within
seven (7) calendar days of its receipt. The City Manager shall review the facts, convene
a meeting with the parties, and shall issue in writing the final decision of the employer
within fifteen (15) days of receipt of this Step 2 appeal.
Step 3: Disputes remaining unresolved shall be submitted to arbitration within thirty (30)
calendar days of the Step 2 answer of the employer. The arbitrator shall be selected
from a list of seven (7) requested from the Northwest FMCS Arbitrator pool. Selection
shall be made by alternative striking, with the party requesting the arbitration striking
first. Only grievances which involve an alleged violation by the employer or a specific
article or provision of the Agreement and which are presented to the employer in
writing during the term of this Agreement and which are processed in the manner and
within the time limits herein provided shall be subject to arbitration.
The decision of the arbitrator shall be final and binding upon the parties. Provided, however, no
arbitrator shall have the authority to render a decision or award which modifies, adds to, subtracts
from, changes or amends any term or condition of this Agreement; further provided, a rendition of
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a decision or award shall be in writing within thirty (30) calendar days of the close of the hearing
or submission date of written briefs) and shall include a statement of the reasoning and grounds
upon which such decision or award is based.
The cost of the arbitration shall be born equally by both parties, including arbitrator’s fees and
expenses, room rental and cost of record. Each party shall bear the cost of the preparation of its
own case.
Section 9.2 Non-Compliance With Time Limits. Failure of the aggrieved employee to
comply with the time limits set forth above will serve to declare the grievance is settled based upon
the last answer received and no further action can be taken. The time limits set forth herein may
be extended by mutual agreement.
Section 9.3 Exceptions To Grievance Procedure. Any grievance which is not filed in
accordance with the provisions of Section 9.1 of this Article is not subject to the grievance
procedures of this Agreement.
Section 9.4 Election Of Remedies/Waiver. The taking of a grievance through arbitration
constitutes an election of remedies and a waiver, where lawful, of all rights to litigate or otherwise
contest the appealed subject matter in any court or other available form. Likewise, litigation or
the contest of the grievance subject matter in any court or other form shall constitute an election
of remedies and a waiver of right to arbitrate the matter.
ARTICLE 10 – SUPPLEMENTAL AGREEMENT
This Agreement may be amended, provided both parties concur. Supplemental agreements may
be completed through negotiations at any time during the life of this Agreement. Either party may
notify the other party, in writing, of its desire to negotiate. Supplemental agreements, thus
completed, will be signed by the responsible Union and City officials. Supplemental agreements
thus completed shall become a part of the larger agreement and subject to all its provisions. The
parties agree that this Agreement constitutes all agreements with regard to wages, hours and
working conditions, and any and all negotiable items. This Agreement shall be amended only
upon mutual agreement of the parties.
ARTICLE 11 – PERFORMANCE OF DUTY – NO STRIKE
AGREEMENT
It is agreed that employees shall not plan, promote or be part of a strike, slowdown, sit-down, or
other stoppage of work which would reduce the effectiveness of the City in any way.
ARTICLE 12 – SAVINGS CLAUSE
If any provisions of this Agreement or the application of such provisions should be rendered or
declared invalid by any court action or by reason of any existing or subsequently enacted
legislation, the remaining parts or portions of this Agreement shall remain in full force and effect.
Any provisions declared invalid would be subject to re-negotiation by the parties.
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ARTICLE 13 – FIRE CODE ENFORCEMENT
Uniform fire code inspections may be undertaken by designated and trained individuals of the
fire department in compliance with Article 1 of the CBA. It is understood by both parties, fire
inspections will not occur at the shift level unless otherwise negotiated.
ARTICLE 14 – VACATIONS
Section 14.1 Accrual. Employees working twenty-four (24) hour shifts shall accrue vacation
at the rate as stated below:
Employees
Assigned to 24 Hr.
Shift (years of
continuous service)
0 – 5 years 6 – 10
years
11 – 15
years
16 – 20
years
21+ years
Vacation accrual
per pay period 6 hours 7 hours 8 hours 9 hours 10 hours
Section 14.2 Vacation and Holiday Scheduling. Vacation shall be scheduled to be taken,
with ninety-six (96) hours notification, unless otherwise approved by the Fire Chief or designee
from January 1st to December 31st. Preference shall be given to personnel with the greatest
seniority provided operational requirements are met. Leave of absence over accrued vacation time
may be granted by the Fire Chief with approval of the City Manager. In addition, the following
shall apply to the scheduling of both vacation and holiday time off:
A. Minimum Time. Leave shall be taken for a minimum of two (2) consecutive hours.
B. Long Term Time Off. Employees shall be eligible to request long-term time off (at least
four (4) full shifts), with ninety-six (96) hours notification, unless otherwise approved by
the Fire Chief or designee, throughout the calendar year. Long term time-off requests shall
have preference over shorter-term requests for time-off.
C. Short Term Time Off. Employees requesting time-off that is at least one full shift but
less than four (4) full shifts shall be eligible to make such requests, with ninety-six (96)
hours notification, unless approved by the Fire Chief or designee within sixty (60) days of
the requested time-off. Short term time-off requests shall have preference over time-off
requests of less than a complete shift.
D. Less Than Complete Shift. Employees shall be eligible to apply for time-off requests
using less than twenty-four (24) hours, with ninety-six (96) hours notification, unless
otherwise approved by the Fire Chief or designee within forty-five (45) days of the
requested time-off.
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E. Additional Preferences. Preference in multiple requests for time-off of otherwise equal
duration shall be given to an employee with the greater seniority, provided operational
requirements are met and the less senior employee will not suffer unreasonable hardship
due to commitments (financial or otherwise) previously made following the granting of
their earlier submitted request.
Section 14.3 Usage/Maximum Accrual. Normally, employees will be required to take
annual vacation. Employees shall be permitted to accumulate vacation time equal to the amount
which can be earned in two (2) years at the applicable accrual rate. Time not taken which causes
accrual beyond two (2) full years will be lost to the employee unless, in the case of unique hardship,
an extension may be approved by the City Manager. Normally, employees will not take more than
one and one-half (1-1/2) years accumulation in any one year; however, the City Manager may
authorize longer leave in special cases.
Section 14.4 Separation From Service. Employees shall be granted pay in lieu of accrued
vacation leave at their adjusted hourly rate of pay at such time as they are separated from City
employment unless such separation is made during entrance probation periods.
Section 14.5 Vacation Cash Out. Employees entering their second (2nd) year of continuous
service may cash out up to ninety-six (96) hours of vacation in April or December (total
combination) each year. In order for vacation hours to be paid in April and/or December, the
employee must submit a written request to the Chief at least two (2) weeks prior to the first payday
in April and/or December.
ARTICLE 15 – SICK LEAVE
Section 15.1 Accrual. All twenty-four (24) hour shift employees covered by this Agreement
shall earn nine (9) hours of sick leave per bi-weekly pay period. Sick leave may be accumulated
to a maximum one thousand four hundred forty (1,440) hours. If an absence extends beyond three
3) regularly scheduled consecutive work days, the employee will be required to submit a medical
certification signed by a physician stating the kind and nature of illness or injury and that the
employee has been incapacitated from work for the period of absence and stating when they are
again physically able to perform their regular duties. If it is a family member who is sick, the
employer may require a doctor’s verification of the illness. Absences extending beyond three (3)
regularly scheduled consecutive work days may additionally be eligible for Family Medical Leave
Act (FMLA) protections.
Upon separation from the Department, twenty-five percent (25%) of all unused sick leave, to a
maximum of eight hundred and forty (840) hours, shall be paid at the prevailing hourly rate to
employees with less than twenty (20) years of service.
Upon separation from the Department, fifty percent (50%) of all unused sick leave, to a maximum
of eight hundred and forty (840) hours, shall be paid at the prevailing hourly rate to employees
with twenty (20) years or more of service.
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Section 15.2 Employees. Upon initial employment, employees shall be credited four hundred
and twenty-three (423) hours of sick leave and no additional sick leave shall accrue through the
forty-seventh (47th) pay period of the employee’s service with the City. Thereafter, commencing
with the forty-eight (48th) pay period, such employee shall accrue sick leave at the rate of nine (9)
hours per pay period. Should an employee terminate with a sick leave deficit (more hours used
than would have been earned during the period of service), the City shall be reimbursed out of
other employee earnings. In addition, no sick leave buy-back shall apply unless the net hours
would have accrued during the period of service.
Section 15.3 Benefit Changes. In the event the benefits are increased or decreased by the
legislature, the City and Union retain the right to open negotiations regarding the provisions of this
Article.
Section 15.4 Illness of Family Members.
1. In the event of a serious illness/injury in the immediate family of the employee, the
employee, at their request, shall be granted time off utilizing earned sick leave time.
Immediate family shall be defined as the spouse of the employee and their mother and
father.
2. Accumulated sick leave may be used to care for a child of the employee under the age of
eighteen (18) years of age with a health condition that requires treatment or supervision.
Health condition that requires treatment or supervision” means:
a. Any medical condition that requires medication that the child cannot self-medicate.
b. Any medical or mental health condition that would endanger the child’s safety or
recovery without the presence of a parent or guardian; or
c. Any condition warranting preventative health care, such as physical, dental, optical or
immunization services, when a parent must be present to authorize treatment and when
sick leave may otherwise be used for the employee’s preventative health care.
d. Sub-sections (b) and (c) above are not intended to include medical or mental health
conditions which could adequately be supervised by a child’s regular daycare provider.
e. When both the employee and their spouse are employed and eligible for the family sick
leave benefits under Chapter 49.12 RCW, the employee shall use reasonable efforts to
annually equalize the use of the family sick leave benefit between the employee and
the employee’s spouse. The employer may deny the use of this family sick leave
benefit who does not exercise such reasonable efforts.
f. Any employee shall return to work and complete their regular shift assignment as soon
as the reason justifying the use of this family sick leave provision no longer exists,
whether due to betterment of the child’s condition, completion of any required health
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care services, completion of a spouse work day, or other reason justifying the use of
family sick leave.
Child of the employee” means any child under the age of eighteen (18) years of age, who
is:
1. The natural offspring of the employee.
2. The adopted child of the employee.
3. The natural or adopted child of the employee’s spouse; or
4. Under the employee’s legal guardianship, legal custody, or foster care.
Section 15.5 Notification and Reporting. Notification of absence due to sickness shall be
given to the Fire Chief or their designee as soon as possible on the first day of such absence and
every day thereafter (unless this requirement is waived by the Chief) in as far in advance of the
scheduled work as possible. Generally, this report shall be made no later than one (1) hour before
the start of a shift. Notification will be done via phone call to the appropriate station (station
assigned to track sick leave calls) as well as notification on any electronic scheduling platform the
agency employs. The notification must include the reason for the taking of the sick leave, including
the nature of the illness or injury and the general symptoms experienced. Failure to promptly
report an illness or injury may be considered an absence without pay and may subject the employee
to discipline as well.
Section 15.6 Family and Medical Leave Act. The requirements of the Federal Family and
Medical Leave Act will be administered as set forth in City Administrative Order No. 231
originated November 22, 1993: PROVIDED, HOWEVER, nothing therein shall reduce any leave
or payroll benefit otherwise provided for in this Agreement.
Section 15.7 Washington Paid Family and Medical Leave Program. The
requirements of the Washington Paid Family and Medical Leave Program will be administrated as
set forth in City Administrative Order No. 233, originated September 1, 2020; PROVIDED,
HOWEVER, nothing therein shall reduce any leave or payroll benefit otherwise provided for in
this Agreement.
ARTICLE 16 – SICK LEAVE BUY BACK
Local #1433 and the City of Pasco agree that members may purchase, at their option and at no cost
to the City of Pasco, supplemental disability insurance coverage through agreement with the
Washington State Council of Fire Fighters and Local #1433.
Members on extended sick/disability leave may apply to the insurance carrier of this plan for
benefits as provided under the plan, currently thirty (30) consecutive days of leave. The Local and
the City agree that any employee who receives disability benefit payments under the Local’s
disability insurance plan will keep these benefit payments and use a minimum of twenty-four (24)
hours accrued leave per pay period to supplement the benefit, if not working modified duty equal
to twenty-four (24) hours per pay period. The member can elect to be in a leave without pay status
for the balance of the pay period. Accrued leave used during the disability period will be reported
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to the Department of Retirement Systems (DRS) as hours worked and therefore, are eligible for
service credits.
ARTICLE 17 – HOLIDAY PAY
Section 17.1 Holidays. The following and other such days as the City Council, by Resolution,
may fix are official holidays for all employees of the department:
HOLIDAY DATE
New Year’s Day January 1st
Martin Luther King’s Birthday 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veterans’ Day November 11th
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day 4th Friday in November
Christmas Day December 25th
Personal Holiday ** 1st January paycheck
Newly hired probationary employees will earn their first (1st) Personal Holiday on the first (1st)
full pay period after the completion of probation.
Section 17.2 Accrual/Utilization. All twenty-four (24) hour shift personnel covered by this
Agreement shall earn twelve (12) hours of time for each holiday, which shall be utilized as follows:
a. Eighty-four (84) hours per year will be cashed out at the employee’s adjusted hourly rate
of pay and each employee will have the option of using or cashing out (or a combination
thereof) the remaining forty-eight (48) hours. Zero (0) hours carry-over.
b. Cash-out of time shall occur on either or both (to the extent of holiday hours actually earned
or accrued prior to such date) the first paycheck in April or on the first paycheck in
December at the employee’s adjusted hourly rate of pay. In order for holiday time to be
paid in April, the employee must submit a written request to the Chief at least two (2)
weeks prior to the first payday in April. The December payment shall be made
automatically by the employer. The cut-off date for scheduling of holiday time usage shall
be the first day of the pay period for the first payday in December. Holiday hours not
schedule or paid in April for the year by that day shall be cashed out by the City at the
employee’s adjusted hourly rate of pay the first payday in December. For rules regarding
the scheduling of Holiday time off see Section 14.2
ARTICLE 18 – BEREAVEMENT
In the event of a death in the immediate family of an employee, the employee shall be granted up
to forty-eight (48) hours of leave from scheduled work with pay. Additional leave for such purpose
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may be taken and charged to other earned leave upon authorization of the Fire Chief.
Documentation for need of such leave shall be provided when required by the City.
Immediate family for these purposes shall be defined as follows:
Spouse of the employee; children (including step-, foster, or adopted child of the employee and
legal guardian child), spouse of employee’s child, parents (including stepparents and legal
guardian parents), siblings (including step siblings), grandparent (including step-grandparent),
grandchild (including step-grandchild); and those of the employee’s spouse.
ARTICLE 19 – HEALTH INSURANCE
Section 19.1 Employee Medical Wellness/Preventive Coverage. The City will
provide medical insurance coverage for employees who will be covered by a plan providing for
no deductible, one hundred percent (100%) coverage.
Section 19.2 Employee Prescription Coverage. The City will provide prescription
insurance coverage for employees who will be covered by a plan providing for no deductible, one
hundred percent (100%) coverage of eligible expenses. The employee will not be required to pay
for any prescription costs at time of prescription pickup. Employee pays zero percent (0%), one
hundred percent (100%) coverage.
Section 19.3 Employee Dental Coverage. The City will provide dental insurance
coverage for employees who will be covered by a plan providing one hundred percent (100%)
coverage of Class 1 expenses (i.e., covered diagnostic and preventive care), eighty percent (80%)
coverage of Class 2 expenses and fifty percent (50%) coverage for Class 3 expenses. The
maximum annual benefit for dental expenses is one thousand five hundred dollars ($1,500) per
employee. The dental coverage shall be subject to a maximum twenty-five dollar ($25.00)
deductible per person per calendar year to a maximum of seventy-five dollars ($75.00) per family;
provided the dental deductibles shall not apply to covered Class 1 expenses and shall apply to the
medical deductible limitation established in sections 19.5 and 19.6.
Section 19.4 Employee Vision Coverage. The City will provide vision insurance coverage
for employees who will be covered by a plan providing for a twenty-five dollar ($25.00) co-pay
every plan year. Employee coverage will include a wellness exam every plan year; prescription
lenses every plan year, frames every other plan year, (or) contact lens care every plan year. In
addition employees will receive extra discounts and savings on glasses, sunglasses, contacts, laser
vision correction. (See attached VSP benefit summary)
Section 19.5 Dependent Medical Wellness/Preventive Coverage. The City will
provide medical insurance coverage for dependents of employees who will be covered by a plan
providing for a two hundred dollars ($200.00) deductible per person per calendar year, to a
maximum of six hundred dollars ($600.00) deductible per covered family per calendar year.
Dependent coverage will be an eighty/twenty percent (80% / 20%) co-insurance which applies to
all covered expenses incurred. In accordance with the Health Plan, Wellness/Preventive care
benefits may not be subject to the eighty/twenty percent (80%/20%) co-insurance or deductible.
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Section 19.6 Dependent Prescription Coverage. The City will provide prescription
insurance coverage for dependents of employees. Dependent coverage will be an eighty/twenty
percent (80% / 20%) co-insurance for brand name prescriptions and generic prescriptions will be
covered at one hundred percent (100%) which applies to all covered expenses incurred.
Section 19.7 Dependent Dental Coverage. The City will provide dental insurance
coverage for dependents of employees who will be covered by a plan providing one hundred
percent (100%) coverage of Class 1 expenses (i.e., covered diagnostic and preventive care), eighty
percent (80%) coverage of Class 2 expenses and fifty percent (50% coverage for Class 3 expenses.
The maximum annual benefit for dental expenses is one thousand five hundred dollars ($1,500)
per dependent. The dental coverage shall be subject to a maximum twenty-five dollar ($25.00)
deductible per person per calendar year to a maximum of seventy-five dollars ($75.00) per family;
provided the dental deductibles shall not apply to covered Class 1 expenses and shall apply to the
medical deductible limitation established in section 19.5 and 19.6.
Section 19.8 Dependent Vision Coverage. The City will provide vision insurance
coverage for dependents of employees who will be covered by a plan providing for a twenty-five
dollar ($25.00) co-pay every plan year. Dependent coverage will include a wellness exam every
plan year, prescription lenses every plan year, frames every other plan year, (or) contact lens care
every plan year. In addition, dependents will receive extra discounts and savings on glasses,
sunglasses, contacts, laser vision correction. (See attached VSP benefit summary.)
Section 19.9 The City agrees to provide a Medical/Dental/Vision Insurance plan that is equal
to or better than the plans currently in effect. The City retains the right to maintain a self-insurance
program or to select insurance carriers for the purpose of containing premium rate increases. If
premium rates increase there will be a distribution of the increase citywide.
Section 19.10 Each employee will pay 12% of the monthly premium, with a cap of 3.0% of
TSFF for said Medical/Dental Insurance. Vision coverage premium covered by the City.
Section 19.11 Nothing in this article reduces benefits that the employee and/or their dependents
have a right to under State and/or Federal legislation.
Section 19.12 Re-opener Due to State or Federal Legislation. Notwithstanding the
above, in the event State or Federal legislation required the City to make changes in the group
medical benefits provided to employees during the life of this agreement, the City reserves the
right to make required changes; provided, however, the City provides the bargaining representative
with, at least, thirty (30) days’ advance notice of the change(s) and, further provided, that either
the City or the Union may require that this article be reopened in negotiations if the change(s)
result in a reduction of benefits or an increase (by at least ten percent) in the then existing premium
paid for an employee, their spouse and dependents by providing the other with written notice
within fourteen (14) days receipt by the bargaining representative of the notice from the City of
the proposed change(s).
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Section 19.13 Health Reimbursement Account – VEBA. The City agrees to allow
payroll deductions for an employee funded HRA VEBA account that will be in compliance with
all applicable IRS laws. A vendor for the HRA VEBA account will be chosen in agreement with
the Local and the City.
ARTICLE 20 – GROUP TERM LIFE INSURANCE
The City agrees to provide group term life insurance coverage for employees in the current group
term life insurance plan provided by the City as a benefit to its employees city-wide, or its
equivalent, with face-value coverage of Fifty Thousand Dollars ($50,000.00) for each employee.
ARTICLE 21 – EDUCATION & TRAINING
Section 21.1 - Employer Initiated Training. Employer Initiated Training (EIT) is
training directly related to the employee's job if it is intended to help the employee learn,
maintain, or improve any job functions and/or activities more effectively, that the employee is
expected or could be expected to perform at their current job. It is also considered, any training
that is desired by the city for the employee’s current job functions and/or activities.
The following shall apply to Employer Initiated Training;
a. Education/Training must be approved by the Fire Chief or their designee.
b. Actual costs of books, fees, tuition, registration, or any other costs shall be covered by the
City.
c. Employee(s) shall receive overtime compensation as per Article 24 for all actual hours
in class/training and travel time outside their regular scheduled shift/hours.
d. If the training duration is of multiple days and over fifty (50) miles away from the Tri-
Cities metropolitan area, the employee(s) attending training shall be backfilled to cover
their regular scheduled shift as needed to meet staffing levels. Employee(s) shall receive
per diem for mileage, meals, and lodging based on the Standard Federal Rate, for the
specific travel destination.
e. If the training is less than fifty (50) miles away from the Tri-Cities metropolitan area
employee(s) attending training shall be backfilled to cover their regular scheduled hours
for training and travel time as needed to meet staffing levels. Employee(s) shall receive
per diem for mileage and meals based on the Standard Federal Rate, for the specific
travel destination. Normally the employee(s) will be expected to return to work after
their education/training for the day has concluded.
f. The Fire Chief or their designee may deem it unsafe to travel back from training for any
reason including but not limited to weather and road conditions, time of day travel is to
take place, etc. In cases where the Fire Chief or their designee deems it unsafe to travel,
the employee(s) attending training shall be backfilled to cover their regular scheduled
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shift/hours as needed to meet staffing levels. Employee(s) shall receive per diem for
lodging based on the Standard Federal Rate, for the specific travel destination in addition
to per diem mentioned in paragraph (e) above.
Section 21.2 - Employee Initiated Training. Employee initiated training is training
sought by an employee for the purpose of preparing for advancement and is not intended to
maintain or improve their current job functions and/or activities. The department supports
professional development for its members and may elect to support the employee’s requests to
attend Employee Initiated Training in one (1) or more ways as provided for Employer Initiated
Training. The determination of any support will be subject to seniority, financial resources, and
department staffing needs.
Section 21.3 – Fire Science and Advanced Life Support. Employees shall be eligible
for reimbursement for the actual cost of books, fees, and tuition and the payment of per diem for
courses in fire science or advanced life support. A grade of “C” or better must be obtained if it is
a graded course, or a certificate of completion be issued to an employee in a non-graded course.
a. Employees intending to take classes in fire science shall submit a letter of intent to do so
by June 1st, prior to the year seeking reimbursement.
b. Paramedics shall be eligible for overtime pay for actual hours in attendance at no more than
one (1) meeting per month called by the physician advisor, subject to approval of the Fire
Chief; however, no call out pay shall be required.
c. Paramedics shall be eligible for off duty overtime for attendance at courses that are required
by the regional Medical Program Director (MPD) and approved by the Fire Chief. Such
training will be allowed “on duty” if response status and/or manpower allows. No call
back pay shall be required.
Section 21.4 Education Incentive Pay. The purpose of this program is to provide incentive
pay for members of the Fire Department to receive, or who have received, a higher education in
order to meet the ever-changing needs and demands placed upon the Fire Service.
Degree level achieved:
AA/AAS - 2% incentive pay added to base wage
BA/BS - 4% incentive pay added to base wage
Eligibility: Employees are eligible for education incentive pay for employee funded degrees and
must have completed their second (2nd) year Pasco Fire Department Apprenticeship program book
to receive education incentive pay.
Employees are eligible for education incentive pay for employee funded degrees in the following
qualifying AA/AAS and BA/BS degree fields:
Fire Science
Fire Service Administration
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EMS Administration
Business Administration
Public Administration
Healthcare Administration
Emergency Management
Chemistry
Environmental Science
Degree programs equivalent to those listed above may be eligible for education incentive pay as
determined by the joint Labor/Management Pasco Fire Department Apprenticeship Committee.
Degrees must be obtained from a Regionally Accredited College/University in order to qualify for
the education incentive pay as outlined in this article.
An employee who qualifies for the education incentive is solely responsible for submitting their
transcript in a timely manner. Official transcripts from the issuing authority must be submitted
within 6 months of the employee becoming eligible for the education incentive. Should the
employee fail to meet the 6 month expectation, retroactive pay will only be reimbursed up to the
6 months from the date all required documentation is submitted and approved by the City.
ARTICLE 22 – UNIFORM/PROTECTIVE CLOTHING ARTICLES
Section 22.1 Provisions and Maintenance. All uniforms, protective clothing, or
protective devices required for employees in the performance of their duties shall be furnished to
the employees by the City. The cleaning of safety clothing shall be accomplished on duty or by
the City through commercial facilities. The cleaning of daily duty uniforms shall be the
responsibility of the employer.
Section 22.2 Quantity Provided to Each Employee. In the first year of employment,
five (5) sets of daily uniforms will be furnished to each employee. Thereafter, one (1) uniform per
year will be purchased as needed to maintain uniform appearance. Winter coats and cold weather
gear will be purchased and replaced by the City as conditions warrant. The employer will maintain
on hand “throw-away” coveralls for the use of employees as conditions warrant.
Section 22.3 Replacement. Equipment and/or clothing lost, stolen, destroyed, or damaged
in the line of duty, and without negligence on the part of the employee, will be replaced by the
City without cost or charge to the employee. Clothing and equipment provided by the City shall
be purchased and maintained with regard to employee’s health and safety.
Section 22.4 Routine Safety Equipment Inspections. Safety equipment will be
inspected and maintained to meet vertical standards of safety and operational conditions.
Section 22.5 Cleaning. Exercise clothing consisting of T-shirts and shorts shall be provided
and laundered by the employer. Employees shall provide and launder off the work premises their
own socks, athletic shoes, under clothing and personal equipment.
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ARTICLE 23 – WAGES
Section 23.1 Wages.
2023 – 7.5% base hourly wage increase of top-step firefighter – Effective 1st full pay period
of January 2023.
2024 – 6.5% base hourly wage increase of top-step firefighter – Effective 1st full pay period
of January 2024.
2025 – 3.5% minimum – 6% maximum of top-step firefighter of CPI-U, b/c western cities
June to June) – Effective 1st full pay period of January 2025.
Section 23.2 Incentive Pay. Refer to Appendix A section 23.2 incentive pay chart for details
regarding certifications and incentive pay.
Section 23.3 Continuous Service Pay. Continuous service pay shall be computed on the
individual employee’s hourly rate of pay at three percent (3%) at ten (10) years of continuous
service with the department; four percent (4%) at fifteen (15) years of continuous service with the
department; five percent (5%) at twenty (20) years of continuous service with the department; six
percent (6%) at twenty-five (25) years of continuous service with the department; and seven
percent (7%) at thirty (30) years of continuous service with the department.
Section 23.4 Battalion Chief Pay. The base hourly rate of pay for the Battalion Chief
position shall be maintained at thirty-five percent (35%) above top-step firefighter.
Section 23.5 Captain Pay. The base hourly rate of pay for the Captain position shall be
maintained at twenty percent (20%) above top-step firefighter.
Section 23.6 Lieutenant Pay. The base hourly rate of pay for the Lieutenant position shall
be maintained at twelve percent (12%) above top-step firefighter.
Section 23.7 Paramedic Pay. The base hourly rate of pay for the paramedic position shall
be maintained at twelve percent (12%) above the firefighter step they fall under.
First full pay period of 2025, increase paramedic pay to fourteen percent (14%) above the
firefighter step they fall under.
Section 23.8 Firefighter Pay Steps. All firefighter pay steps will be figured on a percentage
of top-step firefighter (TSFF).
Recruit School Duration 80% of top-step firefighter
Step 1 firefighter 0 – 12 months 85% of top-step firefighter
Step 2 firefighter 13 – 24 months 90% of top-step firefighter
Step 3 firefighter 25 – 36 months 95% of top-step firefighter
Step 4 firefighter 37+ 100% of top-step firefighter
Firefighters will advance to Step 1 firefighter after successful completion of recruit school.
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Section 23.9 Adjusted Hourly Rate of Pay. Adjusted hourly rate of pay, when used in this
agreement, means the employee’s base hourly rate of pay plus incentives and continuous service
pay.
Section 23.10 Deferred Compensation. Each bargaining unit member shall be paid a
deferred compensation contribution as provided below:
2022 – 2025 five percent (5%) base hourly wage.
This provision is subject to the City’s deferred compensation rules and regulations and IRS
regulations. The computation of retirement contributions and pension benefits shall be governed
by applicable state law.
ARTICLE 24 – OVERTIME PAY
The City shall administer overtime according to the following provisions:
Section 24.1 Pre-Scheduled Overtime. Any pre-scheduled overtime must be approved by
the Fire Chief. Any emergency overtime may be approved by the Duty Officer, but only in
accordance with departmental regulations.
Section 24.2 Time Paid. Time worked to the nearest greater one-half hour beyond an
employee’s regularly scheduled shift shall be paid at one and one-half times the employee’s
adjusted hourly rate of pay. The time and one-half shall be paid for all hours worked rounded to
the greater half hour. In the event overtime cannot be filled after three (3) attempts for members
that are eligible due to proximity, emergency overtime will be declared. Emergency overtime that
has been offered to all members of the bargaining unit shall be paid at their appropriate overtime
rate from time of acceptance of the emergency overtime.
Section 24.3 Call Back Pay. Except as otherwise stated herein below, an employee who is
called back to duty from off the station site after their normal shift has ended, but before the
scheduled start of their next shift, and has not given 96 hours notification, shall receive the sum of
sixty dollars ($60.00) plus one hour minimum of overtime pay.
Section 24.4 Off-Duty Events. Any employee attending a meeting, public function,
schooling or training outside their regular shift shall not be eligible for call back pay per subsection
24.3, except when the employee’s attendance is required by the administration and the employee
has not been given at least ninety-six (96) hours’ notice of said function, in which case the
employee shall be paid call back pay per subsection 24.3.
Section 24.5 Overtime Rates. When it is necessary to hold an employee beyond their regular
or exchange shift, they shall be paid at the time and one-half rate and no call-back pay shall apply.
In the event coverage is required due to the absence of another employee, as soon as practical
either a twelve (12) or twenty-four (24) hour shift shall be offered to employees in inverse order
of accumulated overtime (those with least amount first). However, if an employee is willing to
work the full twenty-four (24) hours they shall bump the employee/employees wanting to split the
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shift. Call-back pay shall not apply when employees work the full twenty-four (24) hours or
voluntarily split the twenty-four (24) hour shift.
Section 24.6 Exceptions. The City and Local have agreed to the following exceptions of
having to first offer overtime to all employees in inverse order of accumulated overtime (those
with the lease amount first), in the following situations:
a. In the event coverage is required due to the absence of another employee and there are
less than three (3) officers on duty; an Officer/Paramedic counts as an officer on duty.
b. In the event coverage is required due to the absence of another employee and there is
less than one (1) paramedic on duty per station; an Officer/Paramedic counts as a
paramedic on duty.
c. A minimum of two (2) water rescue and two (2) land based technicians at the
designated station will be on duty each day. When it is necessary to call back to fill
these positions, it will be done from the list of qualified technicians. Technical team
minimums will be met before team members, who may also qualify to fill a vacant
Officer position, will be allowed to fill the vacant Officer position.
In these situations, as soon as practical, either a twelve (12) or twenty-four (24) hour shift shall be
offered to officers, paramedics or specialty technicians in inverse order of accumulated overtime
those with the least amount first) before having to offer overtime to all employees in inverse order
of accumulated overtime (those with the least amount first.) However, if an employee is willing
to work the full twenty-four (24) hours they shall bump the employee/employees wanting to split
the shift. Call-back pay shall not apply when employees work the full twenty-four (24) hours or
voluntarily split the twenty-four (24) hour shift.
The City and Local have also agreed that at any time the City reduces the number of officers and/or
paramedics on the department below the following levels, this Section 24.6 Exceptions, will be
null and void and this contract will revert back to Sections 24.1, Preschedule Overtime, through
24.5, Overtime Rates, only.
Battalion Chief – one (1) per shifts A, B, C.
Captain – one (1) per shifts A, B, C for each fire station.
Lieutenant – three (3) per shifts A, B, C.
Paramedic – six (6) per first run Medic Ambulance.
Training Officer – one (1).
Medical Officer – one (1).
ARTICLE 25 – WORKING OUT OF CLASSIFICATION
Any person covered by this Agreement who is required to accept responsibilities in carrying out
the duties of position or rank above which they normally hold, shall be paid at the base hourly rate
of pay and incentives for that position or rank plus the employee’s continuous service pay, or their
regular adjusted hourly rate of pay, whichever is higher, while so acting.
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ARTICLE 26 – SPECIALTY TEAMS
The Union and the City recognize that response to Hazardous Materials incidents and Technical
Rescue incidents are basic to the fire service and the duty of a firefighter. The Union and the City
also recognize that employees who have received special training at least equivalent to qualify as
a “Technician” under the National Fire Protection Association (NFPA), who qualify for and are
appointed by the Fire Chief to a Specialty Team(s), should receive additional compensation.
Specialty Team incentive pay shall be computed as outlined in Article 23 Wages, Section 23.2
Incentive Pay. Specialty Team members shall also be eligible for pay at the individual’s overtime
rate with no call-out pay, to attend all schedule team drills or classes as required by the Specialty
Team Coordinators. On duty members of Specialty teams shall be allowed to respond when their
respective teams are activated and the City will call back personnel, as needed, to backfill their
positions. Off duty team members recognize the method of notification for incidents will be by
way of cell phone text and will be allowed to respond when their team is activated and will be
subject to overtime and call back pay.
ARTICLE 27 – OFFICER/PARAMEDIC INCENTIVE PAY
Six percent (6%) of base hourly rate shall be paid to any Firefighter/Paramedic, Lieutenant, or
Captain who satisfactorily maintains a Washington State Paramedic Certification and performs
said duties while in an upgrade position (lieutenant/captain upgrade.) The City shall offer those
training benefits listed in Article 21 (Education article) for maintenance of Paramedic
Certification. This article does not pertain to the position of Battalion Chief as the Battalion
Chief’s responsibility is incident commander.
ARTICLE 28 – HOURS
Section 28.1 Shifts and Work Periods. The duty schedule for Suppression and Paramedic
personnel shall consist of a twenty-four (24) day work period wherein 168 duty hours are
scheduled on a regular, cyclical basis for an annual total for 2555 hours. This averages to a forty-
nine (49) hour duty week. Shifts will commence at 8:00 a.m. and will terminate at 8:00 a.m. the
following day. Normally, the shift will be forty-eight (48) hours on duty followed by ninety-six
96) hours off duty with a Kelly Day (additional shift off) scheduled during every work period for
a total of fifteen (15) annually.
Section 28.2 Kelly Days. Kelly Days must be taken within the work period earned and a
maximum of four (4) will be scheduled daily. The scheduled date of a Kelly Day may be changed
provided a request is submitted to the Fire Chief at least ninety-six (96) hours in advance and said
request is approved. The Fire Chief shall post the schedule in December for Kelly Days to be
taken for the following year. A draft schedule shall first be submitted to the Chief by each shift
Battalion Chief following the procedure established by the department rule.
Section 28.3 New Hires – Special Scheduling. New hires may be assigned a five (5)
day/ten – (10) hour per day work week schedule to attend recruit training prior to shift assignment.
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New hires will complete recruit training within one hundred eighty (180) days of hire. New hires
shall receive fourteen (14) days’ advance notice of any schedule change.
Section 28.4 Time Off Approvals. Employees shall be granted time off at any given time
from any shift for Kelly Day, Vacation Leave, Holiday Leave, or any combination thereof;
provided, there is only one (1) employee off per every five (5) employees normally assigned to a
shift. Furthermore, this time off rule shall not include any employee on sudden sick leave,
disability leave, bereavement leave, civil leave, jury service or required appearance at legal
proceedings due to a work related incident, or an approved leave of absence without pay.
Employees Normally
Assigned to
24 Hr. Shift
1 to 5 6 to 10 11 to 15 16 to 20 21 to 25 26 to 30
Employees Granted
Time Off 1 2 3 4 5 6
Section 28.5 Productivity Emergency Stand-By Schedule. On-duty employees shall
maintain a productivity/emergency stand-by schedule. Except as otherwise stated below,
productivity time with scheduled work or training shall normally be from 0800 to 1600, with a
lunch hour from 1200 to 1300 and fifteen (15) minute breaks in the morning and afternoon. 1600
to 1800 hours Monday through Friday, and 1300 to 1500 hours on Saturdays, Sundays, and
Holidays, shall normally be for physical fitness as stated in the Physical Fitness Article. 1600 to
1800 hours on Saturdays, Sundays, and Holidays, shall normally be for assigned training and work.
1800 to 2000 hours shall be the dinner hour. 2000 to 2200 hours shall be for training (limited to
four (4) days in any calendar week and excepting Sundays and holidays if other days in the week
are otherwise available). 2200 to 0800 hours shall be considered emergency stand-by time.
Exceptions:
Stand-by for emergency medical services at Pasco high schools’ athletic events may take
place during emergency stand-by time.
Transports as outlined in Article 35 – Inter-Facility Patient Transports may take place
during emergency stand-by time.
ARTICLE 29– SHIFT REASSIGNMENT
The City will cooperate to the extent reasonably possible with the affected employees to minimize
or eliminate any loss of hours or benefits due to a shift reassignment initiated by the City, through
the use of advance notice, voluntary shift exchanges, working additional hours, or other available
means not increasing the wages or benefits that would be paid by the City to the employees had
the shift reassignment not occurred. However, any planned shift reassignment for an upcoming
year shall normally take place early in the calendar year to facilitate the scheduling and taking of
vacations, holiday leave or other long-range time-off benefits.
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ARTICLE 30 – SHIFT EXCHANGE
Employees shall be permitted to change shifts or portions thereof when the change does not
interfere with the best interest of the Fire Department and with the approval of the Fire Chief or
their designee. Approval of the Fire Chief is contingent upon the employees meeting the following
conditions:
1. The exchange is voluntary and upon the written request of the two involved employees.
Documentation shall not be required for requests under twelve (12) hours.
2. The exchange is between individuals of equal rank and/or there will be no increased costs
to the City. Paramedics will be permitted to exchange shifts with firefighters provided at
least one (1) paramedic per station remains on the regular shift at the time the request is
submitted and approved. For the purpose of this section, it is understood that if it is
necessary to call back a paramedic, only a paramedic shall be called back. The paramedic
with the lowest overtime hours shall be called first...
3. The time will be paid back within twelve (12) months.
4. Technical team members may trade with non-technical team members provided team
minimums are met on the regular shift at the time the request is submitted.
5. The voluntary request for such change or trade is submitted on the proper format provided
by the Fire Chief. Signatures from both parties involved in the shift exchange are required.
6. Should a member working a shift for a shift exchange become unable to report to duty, due
to illness, injury, etc., it will be incumbent upon that member to find a qualified
replacement. If the qualified replacement is not found and the City must call back personnel
to cover the position, except as otherwise approved by the Chief and or designee, time and
one half (1.5) of the hours covered by the City will be deducted from the vacation accrual
bank of the member who failed to cover the agreed upon shift. If no overtime is created by
the absence, only the hours missed from the shift exchange will be deducted from that
member’s vacation bank.
ARTICLE 31 – VACANCIES/PROMOTIONS
Section 31.1 Temporary Upgrade –Battalion Chief. In the event a twenty-four (24) hour
shift Battalion Chief (B/C) is absent from their regular scheduled shift, the position shall be filled
within the ranks of the department in the following order.
1. When overtime is being offered for shift manning, per Article 24, going by inverse order
of accumulated overtime (those with the least amount first) and the overtime goes to a B/C,
who accepts the overtime, they shall fill the open B/C position for full and partial shifts.
When overtime is being offered for emergency call-in, per Article 24 above, and the
overtime goes to a B/C, who accepts the overtime, the upgrade shall continue to perform
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as an upgrade B/C in conjunction with the B/C that accepted the emergency overtime. This
allows one B/C to focus on the current emergency while the other focuses on the rest of
the city.
2. Captain from duty shift with highest score on B/C’s Eligibility List.
3. Captain from duty shift by seniority based on time in grade. The senior Captain on duty
may turn down the upgrade provided another Captain on duty takes the upgrade.
4. Off duty B/C or Captain in inverse order of accumulated overtime (those with the least
amount first).
5. However, in order to work as an upgrade B/C, personnel must have the following, or the
equivalent for each:
IFSAC FF 1
IFSAC FF 2
IFSAC Fire Officer 2
Hazardous Materials Operations
HazMat On Scene IC
NFA Incident Safety Officer
IS-100, IS-200, I-300
Confined Space Operations
Trench Rescue Operations
It is understood that a firefighter shall not upgrade to acting B/C.
To maintain an updated B/C’s Eligibility List, a Civil Service examination will be given
annually in April, to employees within the department who meet the requirements of the
position description, as adopted in accordance with Article 37 – Rules and Regulations,
Section 31.2 Temporary Upgrade – Captain. In the event a twenty-four (24) hour shift
Captain is absent from their regularly scheduled shift, the position shall be filled by a Lieutenant
from the duty shift. If no Lieutenant is on duty, see Section 31.3 Temporary Upgrade Lieutenant.
To maintain an updated Captain’s Eligibility List, a Civil Service examination will be given
annually in April to employees within the department who meet the requirements of the position
description, as adopted in accordance with Article – 37 Rules and Regulations.
Section 31.3 Temporary Upgrade – Lieutenant. If there is no Lieutenant on duty to fill
a temporary Captain upgrade, the employee with the highest score on the Lieutenant’s Eligibility
List, amongst the duty shift, shall be upgraded to Lieutenant, unless an officer has accepted a
regular shift manning overtime for a full or partial shift. In the event no one from the eligibility
list is on the shift, then the senior firefighter with regard to continuous service, who meets the
requirements and certifications for a lieutenant promotional examination, per the position
description found in the Rules and Regulations shall be appointed to the upgrade. In the event
nobody on shift possesses the requirements and certification for the lieutenant promotional
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examination, then the senior firefighter with regard to continuous service shall be appointed to the
upgrade. The firefighter shall be allowed to refuse an upgrade to Lieutenant, provided that another
member of the shift accepts the upgrade and no overtime costs are incurred.
To maintain an updated Lieutenant’s Eligibility List, a Civil Service examination will be given
annually in April to employees within the department who meet the requirements of the position
description, as adopted in accordance with Article 37 – Rules and Regulations.
NOTE**When an eligible list is exhausted, the city may conduct additional testing as needed.
NOTE***The City reserves the right to recruit and give the examinations to persons outside the
department if no employees apply, pass or qualify for bargaining unit positions.
ARTICLE 32 – STATION BIDDING
Since the Pasco Fire Department operates out of multiple fire stations, employees on each of the
3) three shifts A, B, and C, will be allowed to bid for station assignments every two years on their
shift.
Management will coordinate the bid process. The Fire Chief shall issue a memorandum with an
accompanying Station Bid form to each employee and record each response until all of the station
assignments for each shift are completed. The employees within each classification on their
respective shift shall bid based on descending seniority with the most senior having preference on
station assignments. The order of bidding will start with the Captains and be followed by the
Lieutenants, the Firefighter/Paramedics, and then the Firefighters. Battalion Chiefs will not bid
on station assignments. Seniority is defined in Article 43 – Personnel Reduction.
Bidding will not occur due to vacancies.
Notwithstanding the above, the Fire Chief, at their discretion and for reasonable cause, may make
changes in the shift or station assignments to meet the operational needs of the department,
including, but not limited to, staffing of shift officers and firefighter/paramedics. Except in
emergencies, thirty (30) days advanced notice will be given any employee who will be transferred
and the Fire Chief shall provide a statement in writing to the affected employee(s) giving the
reasons for the transfer.
ARTICLE 33 – PROBATIONARY EMPLOYEES
The City and Local 1433 have established a joint Labor/Management Pasco Fire Department
Apprenticeship Program. The Program is outlined in the Rules and Regulations. All new hire
Firefighter/Firefighter Paramedic employees, regardless of previous experience, shall successfully
complete a Pasco Fire Department approved Recruit School, shall enter the apprenticeship
program, and at the conclusion, shall be awarded a Pasco Fire Department Journey level certificate.
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For employees hired on or after January 1, 2023, probationary employees will begin a one (1) year
review period starting the date of hire, and will receive step 1 pay per Article 23.8, Firefighter Pay
Steps.
Advancement through pay grades is dependent upon successfully completing the apprenticeship
task book assigned for the year in which they are entering.
Probationary employees shall meet the requirements of the first year task book and successfully
complete the probationary review period with their assigned officer to maintain employment with
the Pasco Fire Department.
New hire employees on probation shall not be allowed shift trades during their first year of
employment unless authorized by the Fire Chief or their designee. Probationary employees shall
be entitled to take vacation or holiday leave who have completed an academy approved by the Fire
Chief. The employee will earn vacation credit and holiday hours in accordance with Article 14,
Vacations, and Article 17, Holiday Pay. Sick leave shall be earned and utilized in accordance with
Article 15, Sick Leave. New employees who do not pass their probation for any reason shall not
receive any accumulated leave benefits under this agreement, except any holiday hours they have
accrued.
Probationary Firefighters in rotation;, shall be allowed to accept overtime for training, public
events, non-emergent standby and all-calls. Probationary Firefighters in rotation may work
overtime on their assigned shift in lieu of mandatory overtime.
Regular employees of the Pasco Fire Department that have been promoted shall serve a twelve
12) month probationary period. If the member does not pass probation they shall be allowed to
return to the position they held prior to the promotion. While on probation, the member shall
maintain all rights in the collective bargaining agreement.
ARTICLE 34 – PARAMEDIC PERSONNEL
Section 34.1 As a local paramedic training program is available, the City may offer
employees in the Firefighter classification the opportunity to participate in the local paramedic
training program by reimbursement to the employee of their tuition, cost of their books and
other training materials and coverage for their on duty time and to attend training. Any off duty
training time will not be reimbursable by the City. Employees requesting employer assistance
in paramedic training as set forth herein shall be screened by a committee whose membership
shall include Union representatives. The committee shall rank and make recommendation
to the Fire Chief of a list of the applicants showing the greatest potential to complete the
training program and commitment to long-term paramedic service for the City. The Chiefs
determination as to the employee(s) selected for the City-assisted paramedic training
program shall be final.
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Section 34.2 Employees selected for the paramedic training program by the Fire Chief,
once enrolled, shall utilize their best efforts to successfully complete the program. Any request
by trainees to drop out of the program must be made in writing to the Fire Chief. Approval to
discontinue training shall be given only by the Fire Chief.
Section 34.3 For those employed on or after January 1, 2023 and those who initial training
was paid for by the City, Paramedic/Firefighter personnel may, after eight (8) years in the
classification of Paramedic/Firefighter, make written request to the Fire Chief to be allowed
to return to the Emergency Medical Technician (EMT) classification. The request shall be
granted provided there are vacant Firefighter position(s) available in the Fire Department due
to resignation, dismissal, promotion or expansion. In the event two or more
Paramedic/Firefighters request reclassification to the Firefighter classification and there are
insufficient available positions, the most senior Paramedic/Firefighter shall have first
preference. Seniority for purposes of this Article shall be determined by time served as a
Paramedic/Firefighter with theCity.
For individuals currently employed by the City with their Paramedic certification, they must keep
their certification active for five (5) years after probation and they cannot drop their Paramedic
certification until their Paramedic position has been replaced through the hiring process or internal
change from EMT to Paramedic by an employee.
Section 34.4 Persons previously certified as Paramedics or persons desiring advanced skills
may certify as Intermediate Life Support (ILS). The City will support the training of these
positions the same as Paramedic training list in section21.3.
ARTICLE 35 – INTER-FACILITY TRANSPORTS
Section 35.1 The parties agree that inter-facility transports for Lourdes Medical Center and other
care facilities for the aged and infirm in Pasco that are currently taking place at the time of the
ratification of this collective bargaining agreement are within the scope of public services to be
provided by the Fire Department.
Section 35.2 Current Practice. Currently, the transports described in Section 35.1 are
performed as a backup to a private transport provider, and are generally performed from Lourdes
Medical Center to Kennewick General Hospital, Kadlec Medical Center or other area care facilities
for the aged and infirm, and/or the transport of flight crews and/or patients to and from the Tri-
Cities airport and Lourdes Medical Center. Long-haul transports (transports outside of the Tri-
Cities area) are not currently being performed by fire department personnel. In addition, the
transports currently being performed are less than one (1) transport per twenty-four (24) hour shift
on average over a period of ninety (90) consecutive days.
Section 35.3 Negotiations. The parties agree to open bargaining on the impacts and effects
of the transports described in Section 35.1 and Section 35.2 if the volume of transports exceeds
one (1) transport per twenty-four (24) hour shift over a period of ninety (90) consecutive days,
otherwise, the employer’s obligation to participate in impacts and effects bargaining for making
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changes to the current practice described in Section 35.2 shall be consistent with requirements of
Chapter 41.56 RCW.
ARTICLE 36 – STAFF MEETINGS
Section 36.1 Regular Meeting. A staff meeting comprised of the Fire Chief, Battalion
Chiefs, and day shift personnel shall be called as often as determined by the Fire Chief, but not
less than quarterly. The length of such meetings shall be determined by the Chief.
Section 36.2 Decisions Regarding Department Operations. The Chief shall take into
consideration the discussion and input they receive at the meetings in their decision-making
concerning department operations. Nothing herein, however, shall be interpreted to prevent the
Chief from making a change in department operations that they otherwise has the discretion to
make.
Section 36.3 Off-Duty Employees Required to Attend. Off-duty employees required to
attend any staff meetings shall be paid at the overtime rate of pay. No call-back premium or
minimum hours of pay requirement is applicable.
ARTICLE 37 – RULES AND REGULATIONS
The Union agrees that its members shall comply in full with Fire Department rules and regulations,
as currently in effect or hereafter amended, including those relating to conduct and work
performances. The Employer agrees that departmental rules and regulations which affect working
conditions and performance shall be subject to Labor/Management agreement, Collective
Bargaining and the Grievance procedure. In addition, the employer agrees that any changes in
rules and regulations which affect working conditions, other than for emergency matters, will be
posted thirty (30) days in advance of their effective date, unless said posting period is waived by
the Union.
Inter-office memos that amend working conditions shall be incorporated in departmental rules and
regulations within forty-five (45) days of the date issued.
ARTICLE 38 – WORK REQUIREMENTS
The City agrees that members of the Fire Department shall not be required to perform work
normally performed by members of another Union or another City department outside of the
station, except where danger to life and property exists.
ARTICLE 39 – TOBACCO USE
At the discretion of their immediate supervisor an employee may use tobacco products, but only
outside any city fire station and off any city apparatus, vehicle or equipment and in accordance
with State law.
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ARTICLE 40 – SUBSTANCE FREE WORKPLACE
The Substance Free Workplace policy consisting of seven pages and attached hereto as Appendix
C” is incorporated herein by this reference.
ARTICLE 41 – OUTSIDE EMPLOYMENT
Employees holding outside jobs, including self-employment, shall not: (1) advertise on City
property, (2) involve the use of City equipment or supplies; (3) infringe on their ability to do their
job; (4) result in a conflict of interest. In cases where the City feels a problem exists, then the City
must notify the employee and the Union of the perceived conflict in writing within 48 hours of
notification. The Local may then file a formal grievance as allowed in Article 9 if this issue could
not be resolved prior to the time line allowed in Article 9. The affected employee would be able
to continue their outside employment during pendency of the grievance procedure. The parties
agree that an expeditious resolution of the Grievance is desirable for all parties involved. Therefore
the Local may initiate this type of grievance at the step 2 level of Article 9.
Employees will notify the city at least 48 hours before commencing new outside employment.
Notification will be by means of a form agreed to by the parties and as found in the appendices of
this Collective Bargaining Agreement.
ARTICLE 42 – PHYSICAL FITNESS
Section 42.1 Goals and Testing. The City and Local agree to start working toward a
Wellness/Fitness Program with the IAFF/IAFC Initiatives being the template and ultimate goal.
Annually, all employees will receive a City provided physical using NFPA 1582 as a general
guideline, the Firefighter Wellness/Fitness Initiative, and recommended Cancer
Prevention/Screening related to firefighters. A medical certification report; will be provided to the
City at the completion of the physical. The physical will be completed by a mutually agreed upon
licensed medical health care provider. If at any time during the duration of this contract, the agreed
upon provider is not a viable option, for either party, for the completion of physicals, (due to
competitive market pricing, closure of the business, or change in current business and privacy
practices etc.), the City and Local will immediately meet to discuss the options of a new provider
to complete the physicals.
Section 42.2 Time. Each Station/Company Officer may approve workouts at the stations to
take place during a shift, provided these activities shall not disrupt emergency duties, scheduled
training, or assigned work activities. If employees have been unable to work out prior to 1600
hours on weekdays and 1300 hours on weekends and holidays, they shall be allowed to work out
starting at 1600 hours Monday through Friday and 1300 hours Saturdays, Sundays and holiday.
These activities shall not disrupt emergency duties, scheduled training or work activity that, for
unanticipated reasons, has carried over into the normal period of physical fitness activity.
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Section 42.3 Place. While both parties work toward the goal, physical fitness activities may
take place in the assigned stations or at a fitness facility approved by the Fire Chief.
Section 42.4 Rules and Regulations/Safety Precautions. Employees shall follow all
rules and regulations regarding the use of exercise equipment and wear proper clothing and safety
devices when recommended for the physical activity they are performing.
ARTICLE 43 – PERSONNEL REDUCTION
Section 43.1 Reductions Re-Employment. In the case of a personnel reduction within
any classification, the employee with the least seniority shall be laid off first. When two or more
employees of the same classification being reduced have the same date of employment, they shall
be laid off by inverse ranking off the Civil Service list from which they were hired. An employee
being laid off may choose to transfer to a lower classification for which he is qualified and may do
so provided they have more seniority than other employees occupying that classification. Any
employee who has been laid off shall be first offered re-employment in a position within the
bargaining unit which becomes vacant subsequent to the individual being laid off, provided the
individual meets the minimum qualifications for the position and was laid off within the
immediately preceding three (3) years. Any employee turning down the re-employment offer shall
forfeit their right to future re-employment offers. Any employee(s) holding an officer position
that was eliminated due to personnel reductions and who transferred to a lower classification shall
be first offered the opportunity to return to their prior rank when a position becomes available.
Section 43.2 Seniority Defined. Seniority shall be defined as the date of hiring to a regular
full-time position. Rank shall be defined as Battalion Chief, Captain, Lieutenant, Paramedic-
Firefighter and Firefighter. The rank of Paramedic-Firefighter and Firefighter shall be considered
the same with respect to the choosing of Kelly Days, Vacation, and Holiday time off.
Section 43.3 Seniority Listing. A seniority list shall be maintained by the Department,
verified by the local and updated as new employees are hired and existing employees leave city
service.
ARTICLE 44 – DISCIPLINE
Section 44.1 Just Cause. The City shall not take disciplinary action against any employee
without just cause. The City retains the right to discharge new employees at will during or at the
end of the probationary period and the discharge shall not be made the subject of a grievance either
by the employee or the Union.
Section 44.2 Progressive Discipline. The purpose of discipline is to correct behaviors
which are in need of change.
Informal discipline consists of coaching/counseling/teaching. Informal discipline notes/
documentation are for use by the employee’s supervisor. Informal counseling may be documented
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on the corrective counseling form for annual performance evaluation purposes and is not placed
in the official personnel file.
Formal discipline of non-probationary employees in circumstances not warranting termination will
normally follow a progressive disciplinary pattern with the objective of correcting the problem.
When deciding the degree of discipline, the City will take into consideration the circumstances
surrounding the incident(s), the severity of the offense, and the past work record and past conduct
of the employee. When meeting with a management supervisor or at any hearing where discipline
is being considered, the employee shall be entitled to union representation. The term progressive
discipline, as used herein, refers to a discipline process normally including the following steps:
A. A verbal warning will be documented in writing and placed in the official personnel file.
B. A written reprimand (warning); discussion between the disciplined employee and
administrative officers. The written reprimand shall be placed in the employee personnel
file.
C. A 2nd written reprimand (warning) and referral to City Manager for possible suspension.
D. 3rd written reprimand (warning) and referral to City Manager for demotion/suspension/
termination.
At any time during this formal process an employee is entitled to union representation. This process
normally shall be specific to each alleged violation.
ARTICLE 45 – FORTY (40) – HOUR/WEEK UNIFORMED FIRE
PERSONNEL
Forty (40) hour/week personnel under this contract will be governed by all articles of this
collectively bargaining contract with the exceptions as below:
Section 45.1 Forty (40) hour/week personnel will generally be scheduled a forty (40) hour
workweek, as approved by the Fire Chief.
Section 45.2 Eleven (10 calendar, 1 personal) paid holidays per year, taken on the day of or as
approved by the Fire Chief.
Section 45.3 The following formula for accruing sick leave and vacation time will be utilized.
The employee(s) in this category will earn leave time at 80% of the rate earned by 24-hour shift
personnel as written in the collective bargaining agreement.
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Sick leave accrual: hrs/pay period Vacation accrual: hrs/pay period
40-hour 49-hour Year 40-hour 49-hour
7.2 9 0-5 4.8 6
6-10 5.6 7
11-15 6.4 8
16-20 7.2 9
21+ 8.0 10
When employees move from 24-hour shifts to forty (40) hour/week, they carry their current
accruals with them at the amount shown on the accrual records. When they move from forty (40)
hour/week positions to 24-hour shift positions they will again carry their current accruals with
them to the new schedule. Maximum accruals will remain the same for both assignments.
Section 45.4 In the event of a line officer position opening after two years, a forty (40)
hour/week staff officer will have the right of first refusal for that position, providing they were
number one on the eligibility list at the time of the staff appointment. Forty (40) hour/week staff
officers below the number one position on the eligibility list will be considered for appointment
along with the top two candidates on the new list.
Section 45.5 Forty (40) hour/week personnel shall be able to fill a vacant line position equal to
their rank and qualifications for up to twelve (12) hours and a maximum of six (6) times per year.
This will be done on days approved by the Fire Chief or their designee. The intent of this article
is to enable Forty (40) hour/week personnel to maintain qualifications, such as paramedic
qualification, without having to work overtime shifts.
Section 45.6 Forty (40) hour/week personnel will be paid time and one-half, at their adjusted
rate, if they work over forty (40) hours in the seven-day period. Forty (40) hour/week personnel
may respond to incidents in support of regular staffing as needed or directed. After hours response
will be requested by the Fire Chief or their designee and agreed to by the forty (40) hour/week
personnel. Overtime shall be paid for worked hours exceeding forty (40) in a seven (7) day period,
from midnight Sunday to midnight Sunday. Holidays, when they fall on a regular schedule day of
work for forty (40) hour/week personnel, shall count as hours worked for the purpose of figuring
overtime. Forty (40) hour/week personnel, at their choice, may be placed in the overtime rotation
per terms of the current collective bargaining agreement. Forty (40) hour personnel may only
work overtime positions during their scheduled days off.
Section 45.7 Base Hourly Rate Adjust base hourly rate for the forty (40) hour/week
positions:
Current base hourly rate X 2,555 hours / 2,080 hours + 7.5% day shift differential.
When applicable: Pay for longevity, paramedic or other applicable premiums will be added.
Section 45.8 Vacation Cash Out. Employees entering their second (2nd) year of continuous
service may cash out up to eighty (80) hours of vacation in April or December (total combination)
each year. In order for vacation hours to be paid in April and/or December, the employee must
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submit a written request to the Chief at least two (2) weeks prior to the first payday in April and/or
December.
Section 45.9 Temporary Special Assignment. Line personnel may voluntarily accept
temporary assignment(s), to accomplish short term department projects, with the approval of the
Fire Chief. Wages and hours and benefits for employees working a temporary assignment are
described in Section 45.6. Start and stop dates for all temporary assignments(s) shall be agreed
upon prior to starting the assignment, and notification will be given to the leadership of Local
1433.
Section 45.10 Functional Assignment Promotions. An employee who is serving in a
functional position may only promote one rank during the duration of the single assigned
functional assignment. In the event the employee moves from one functional assignment
consecutively to another, it is require that they return to shift at that rank for a period of one year
prior to being able to promote another rank in the second functional role.
ARTICLE 46 – MODIFIED DUTY
Section 46.1 Non-Work Related. Employees who have a temporary medical condition that
restricts their ability to perform their regular duties may agree to work modified duty assignments.
The employee shall present the Fire Chief with a release form from their doctor that includes
restrictions on the type of work the employee may perform. If possible, the release form should
include an estimated date of full recovery for return to full duty. The determination as to whether
modified duty work exists rests solely with the Fire Chief.
Hours worked shall not exceed the employee’s assigned average work week. The actual number
of hours worked will be agreed upon by the employee and the Fire Chief.
Section 46.2 Work Related. Employees who have a temporary disability that restricts their
ability to perform the essential functions of their position may agree to work modified duty
assignments. The employee shall present the Fire Chief with a release form from their medical
provider that contains the current limitations and/or restrictions and if possible, the anticipated
release to full duty. The determination as to whether modified duty work exists rests solely with
the Fire Chief.
Hours worked shall not exceed the employee’s assigned average work week and the medical
providers information. The actual number of hours worked will be agreed upon by the employee,
and the Fire Chief.
If an employee is offered modified duty for a work-related injury and does not accept, they will
forfeit the benefit provided by Labor and Industries and/or Disability Leave Supplement. However,
this does not restrict the employee from using other accrued leave benefits for time off during
modified duty.
Section 46.3 Offering of Modified Duty. If more than one employee is eligible, as
determined by their medical provider, and agrees to a modified duty assignment, the Fire Chief
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International Association of Fire Fighters – Page 38
shall provide available work giving priority to the work related injuries. Consideration will also be
made for non-work related injuries. For assignment of duties the following will be considered:
duration of the restrictions, duration of the anticipated full duty release, and skill set needed for
the tasks available.
ARTICLE 47 – WSCFF MEDICAL EXPENSE REIMBURSEMENT
PLAN (MERP)
The City shall contribute $100.00 per month on a pre-tax basis for all bargaining unit members to
the Washington State Council of Fire Fighters (WSCFF) MERP. These contributions shall be
included as salary for the purpose of calculating retirement benefits.
The Union and the employees agree to hold the City harmless and indemnify the City from any
and all liability, claims, demands, law suits, and/or losses, damage, or injury to persons or property,
of whatsoever kind, arising from and in any way related to the implementation and administration
of the Trust Fund. The Union and employees shall be one hundred percent (100%) liable for any
and all liabilities inclusive of any federal, state, or local agency determination regarding any
liabilities that arise out of the Trust Fund. The Union and employees shall be liable for any and
all tax penalties, as well as any other liabilities arising out of the implementation and administration
of the MERP.
Under no circumstances whatsoever will the City be liable for direct pay of any MERP benefit to
the employees and/or retired employees and/or their beneficiaries.
ARTICLE 48 – ELECTRONIC EMERGENCY CALLBACK PAGING
Up to four (4) employees may sign-up for Electronic Emergency Callback Paging for call-ins. The
Fire Chief may allow an increase in the number of employees that may sign-up for Electronic
Emergency Callback Paging at any time. Employees lowest on the overtime list shall have first
choice for signing up for Electronic Emergency Callback Paging until 0800 hours. After 0800
hours, employees shall be allowed to sign-up for Electronic Emergency Callback Paging on a first
come basis.
In compensation for signing up to be available for Electronic Emergency Callback Paging, the
employee will be paid thirty ($30.00) dollars for each uninterrupted twenty-four (24) hour shift.
Employees paged to respond to a station, shall begin compensation from the time of the page.
When an employee is paged, they shall receive sixty ($60.00) callback pay plus one-hour minimum
of overtime pay. When the employee is paged, goes out of service, or fails to respond during the
twenty-four (24) hour period, they shall not receive the thirty ($30.00) dollars.
Any employee electing to sign-up for Electronic Emergency Callback Paging shall remain within
a twenty (20) minute average response time to the City limits of Pasco, with their portable radio
in their in their possession.
When an employee is paged, they shall obey all traffic laws while responding to a fire station.
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International Association of Fire Fighters – Page 39
Electronic Emergency Call Paging shall be activated whenever the on duty Battalion Chief has
reason to believe that the Pasco Fire Department may be committed to providing and/or receiving
Mutual Aid/Automatic Aid that may extend beyond thirty (30) minutes.
The on-duty Battalion Chief shall activate Electronic Emergency Callback Paging whenever the
Pasco Fire Department resources are being depleted with multiple and/or extended calls.
ARTICLE 49 – D SHIFT
D-Shift Personnel. The city may employ up to (2) two personnel to work a D-shift (variable
shift schedule). Provided, that this would be accomplished by hiring up to (2) two new personnel
to fill these positions. The two (2) least senior, non-probationary employees may be assigned to
D-shift as needed.
1. Scheduling and Use of D-shift personnel:
a. D-shift (variable shift personnel) may consist of up to (2) two personnel.
b. D-shift schedules shall not include Kelly Days; these hours have been accounted
for below in the number of shifts to be worked.
c. Regular hours of D-shift employees shall be scheduled for three (3) (24) twenty-
four day work cycles at a time. The city shall provide a list of shifts within (30)
days prior to the beginning of each scheduling period of three (3) (24) twenty-four
day work cycles from which D-shift employees shall make their shift selections.
The D-shift schedule shall be posted (15) fifteen days prior to the beginning of
each scheduling period of three (3) twenty-four day (24) work cycles.
2. D-shift employees shall make their shift selections by rotating back and forth, starting
with the D-shift employee with the most seniority.
3. D-shift employees shall not select more than (48) forty-eight hours of regular shift duty
within any work week. This is not inclusive of any overtime shifts.
4. The shift selections provided by the city shall provide for a minimum of (14) fourteen
choices for each D-shift position per (24) twenty-four day work cycle.
5. D-shift (variable shift personnel) hourly pay rate shall be based on their Step as outlined
in Article 23, Wages and Appendix A.
6. D-shift (variable shift personnel) shall earn Vacation, Holiday and Sick Leave accrual as
outlined in those articles. D-shift (variable shift personnel) use of any time off benefits
shall not count towards one of the employees off as allowed in Article 28, Section 28.4.
7. Each D-shift employee shall schedule 168 regular hours in each (24) twenty-four work
cycle. This does not prohibit D-shift employees from working overtime or making shift
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trades. D-shift (variable shift personnel) shall be offered overtime and be paid for such
overtime as allowed in Article 24, Overtime Pay.
8. Each D-shift employee shall schedule 105 shifts or 2520 hours each year. Vacation leave
and Holiday Leave hours will be subtracted from that total number.
9. D-shift employees may request to move a selected shift to another day, if available, with
the approval of the Chief or designee, provided they shall not work more than (48) forty-
eight hours of regular shift duty within any work week. When a request is made to move
a shift, the Chief or designee may add choices to the original selection list.
10. Additional shifts may be made available due to disabilities, injuries, or extended leaves.
D-shift employees may move selected shifts to cover these absences, or may be assigned
by the Chief or designee, provided they shall not work more than (48) forty-eight hours
of regular shift duty within any work week. This is not inclusive of any overtime shifts.
11. The Chief or designee shall be responsible for posting and coordinate the selection
process for all D-shift personnel. Any changes to schedules for the D-shift employees
must be approved by the Chief or designee.
12. Such items like employee evaluations for D-shift employees shall be completed by one of
the Day shift officers.
13. D-shift employees shall be assigned to shift work unless mutually agreed upon between
the city and the union.
14. In the event of any unforeseen scheduling problems, both parties agree to meet and
mutually resolve the problem.
15. The D Shift (Variable Shift) shall be dissolved if at any time the city lowers manning
levels below (4) four (24) twenty-four hour shift personnel at any station that has (2) two
or more emergency response apparatus. This does not preclude the four (4) personnel
from moving between the vehicles (shared crews) at their station. Personnel assigned to
ARFF duty and/or the Battalion Chief while assigned to a command vehicle shall not
count towards (1) one of the (4) four personnel on duty at a station.
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2023 – 2025 Collective Bargaining Agreement between City of Pasco and Local No. 1433,
International Association of Fire Fighters – Page 41
Dated at Pasco, Washington, this __________ day of ______________ 2022.
CITY OF PASCO LOCAL #1433, I.A.F.F.:
Adam R. Lincoln, MPA Patrick Heeren,
Interim City Manager President IAFF #1433
Mark Waddington,
Secretary/Treasurer IAFF #1433
ATTEST:
Debra Barham, CMC
City Clerk
Page 472 of 704
FF Rate FF/PM Rate
Recruit School: 0-16 weeks 80% 30.93 34.64
Step 1 FF: 17 weeks -12 months 85% 32.86 36.80
Step 2 FF: 13-24 months 90% 34.79 38.97
Step 3 FF: 25-36 months 95% 36.72 41.13
Step 4 FF: 37+ months 100% 38.66 43.30
Lieutenant 112% 43.30 45.89
Captain 120% 46.39 49.17
Battalion Chief 135% 52.19
ARTICLE 23.3 - Continuous Service Pay
Years of Service:
At 10 Years
Current base hourly rate X 2,555 hours / 2,080 + 7.5% day shift differential.
Effective 1st full pay period, January 9, 2023, the base hourly wage rate for top-step firefighter under this
agreement shall increase by seven point five percent (7.5%).
ARTICLE 23 – Firefighter Pay Steps (based on top-step firefighter ((TSFF))
Hourly Wage Rates – IAFF Local #1433 Employees
Effective 01/09/2023 7.5%increase)
24 day work period)
FF/PM= Firefighter/Paramedic, FF = Firefighter
Effective 1st full pay period 2025, the base hourly wage rate for top-step firefighter under this Agreement
shall increase by 100% CPI-U, b/c western cities (June – June) with a minimum 3.5% - maximum 6%.
Paramedic pay increase by 2% to 14% above TSFF.
Effective 1st full pay period of 2024, the base hourly wage rate for top-step firefighter under this agreement
shall increase by six point five percent (6.5%).
At 30 Years
IAFF APPENDIX A
2023 - 2025
At 20 Years
At 25 Years
Percentage of increase calculated on individual
base hourly rate:
3%
4%
5%
6%
7%
Wage Scale Notes
FF/PM is 12% above FF in same step
FF/PM Officer is 6% above FF Officer
At 15 Years
ARTICLE 45 – 40-hour/week Uniformed Fire Personnel:
Page 473 of 704
IAFF CBA 2023 - 2025
APPENDIX B
SUBSTANCE FREE WORK PLACE
I. Purpose.
Employees are the City of Pasco’s most valuable resource and their health and safety is
therefore a serious concern. The City of Pasco will not tolerate any drug or alcohol use
which imperils the health and well-being of its employees or threatens it business.
The use of illegal drugs and abuse of other controlled substances, on or off duty, is
inconsistent with law abiding behavior expected of all citizens. Employees who use
illegal drugs or abuse other controlled substances or alcohol, on or off duty, tend to be
less productive, less reliable, and prone to grater absenteeism resulting in the potential for
increased costs, delay and risk in the City’s business.
Furthermore, employees have the right to work in an alcohol and drug-free environment
and to work with persons free from the affects of alcohol and drugs. Employees who
abuse alcohol or drugs are a danger to themselves and to other employees. In addition,
drug and alcohol abuse inflicts a terrible toll on the nations’ productive resources and the
health and well-being of American workers and their families.
The City of Pasco is therefore committed to maintaining a safe and healthy work place
free from the influence of alcohol and drugs. In addition, the City of Pasco will
vigorously comply with the requirements of the Drug-free Work Place Act of 1988.
II. Drug-Free Awareness Program.
1. To assist employees and their families to understand and avoid the perils of drug and
alcohol abuse, the City of Pasco is developing a drug-awareness program. The city
will use that program in an on-going educational effort to prevent and eliminate drug
and alcohol abuse that may affect the work place. A drug-free awareness program
will inform employees and their families about:
a) The dangers of alcohol and drug abuse in the work place;
b) The City’s alcohol and drug abuse policy;
c) The availability of treatment and counseling for employees who voluntarily seek
such assistance; and
d) The sanctions the City will impose for violation of its alcohol and drug abuse
policy.
III. Substance Abuse as a Medical Problem.
The City of Pasco recognizes that substance abuse is a medical problem which can be
successfully treated. Almost all substance abusers deny they have a problem, however,
and ordinarily do not seek treatment voluntarily. This denial is the single most significant
obstacle to successful treatment.
Page 475 of 704
APPENDIX B
Recognizing this reality, although the City of Pasco encourages voluntary drug and alcohol
abuse treatment, the City will take strong action against employees who do not seek
treatment on their own. This strong action is designed to break through the denial barrier
and convince substance abusing employees of the need for treatment.
IV. Assistance in Overcoming alcohol or Drug Abuse for Employees who Voluntarily
Seek Help.
Early recognition and treatment of alcohol or drug abuse is important for successful
rehabilitation and for reduced personnel, family, and social disruption. The City of Pasco
encourages the earliest possible diagnosis and treatment for alcohol or drug abuse. The
City of Pasco supports sound treatment efforts. Whenever feasible, the City of Pasco will
assist employees in overcoming drug or alcohol abuse. However, the decision to seek
diagnosis and accept treatment for alcohol or drug abuse is primarily the individual
employee’s responsibility.
The City has contracted with Lourdes Business Health Services for an employee assistance
program, which program includes confidential referral to drug and alcohol treatment.
The City’s self-insurance program provides benefits to help pay for treatment for chemical
dependency, up to a maximum of $1,000 per calendar year. The City of Pasco also offers
a variety of leave options for employees who need time off work for treatment of substance
abuse problems. To insure that these benefits are available, however, employees must
voluntarily seek help.
Employees with personal, alcohol or drug abuse problems may seek help without the
approval or even knowledge of their supervisor. Employees who voluntarily request the
City’s assistance in dealing with an alcohol or drug abuse problem may do so without
jeopardizing their continued employment with the City.
The City will not discriminate against or discipline an employee on the basis of illegal use
of drugs, provided the employee in not engaging in a current illegal use of drugs and who
a) has successfully completed a supervised drug rehabilitation program or who has
otherwise been rehabilitated successfully, or (b) is participating in a supervised
rehabilitation program.
Voluntary requests for assistance from the City for appropriate counseling and treatment
services will not prevent disciplinary action for violation of the prohibitions set forth in
Article VIII, however. The City will not use a voluntary confession of a violation of a
prohibition of Article VIII as a basis for discipline, absent other corroborative evidence.
Employees who undergo voluntary counseling or treatment and who continue to work must
meet all established standards of conduct in job performance.
Page 476 of 704
APPENDIX B
V. Supervisory Training.
The City of Pasco will train its supervisors in:
1. Identifying and documenting job performance and on-the-job behavior that may reflect
the impact of personal problems;
2. Identifying evidence of on-the-job use or impairment by alcohol or drugs;
3. Procedures for referral of troubled employees for assessment;
4. Procedures for conducting work place inspections; and
5. Procedures for encouraging voluntary referrals to appropriate counseling and treatment
services.
VI. Authorized Use of Prescribed or Over-the-Counter Medicine.
Employees undergoing prescribed medical treatment with any drug or taking over-the-
counter medication, which they have reason to believe may alter their behavior or physical
or mental ability must report this treatment to their supervisor. The supervisor will
determine whether the City should temporarily change the employee’s job assignment
during the period of treatment, or permit the employee to work at all. Under no
circumstances shall an employee be allowed to operate equipment or vehicles when it
reasonably appears his/her ability to do so is impaired.
Employees must keep all prescribed drugs in its original container, which identifies the
drug, date of prescription, and prescribing doctor. Provided, an employee may satisfy this
requirement by notifying their supervisor of the prescription, show the prescription if
requested, and carry the drug in an alternative container.
VII. Arrest or Conviction Under Criminal Drug Statute.
Employees must notify their immediate supervisor within five days of any conviction under
any criminal drug statute or any arrest under any criminal drug statute that affects their
employment.
VIII. Prohibitions.
The City of Pasco policy prohibits the following:
1. Unauthorized use, possession, manufacture, distribution, dispensation or sale of an
illegal drug, controlled substance or drug paraphernalia on City property or city
business, in City supplied vehicles, or during working hours.
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APPENDIX B
2. Unauthorized use, manufacture, distribution, dispensation, or possession or any sale of
alcohol on city premises or City business, in City supplied vehicles, or during working
hours.
3. Storing in a locker, desk, city supplied vehicle or other repository on city premises, any
illegal drug, drug paraphernalia, or any controlled substance whose use is unauthorized,
or any container of alcohol. Provided, unopened containers of alcohol in private
vehicles parked on City premises shall not be a violation of this policy.
4. Being under the influence of an unauthorized controlled substance, illegal drug or
alcohol on City premises or on City business, in City supplied vehicles, during working
hours. “Under the influence” as used herein means their work performance or conduct
on the job is affected in any appreciable degree.
5. If you are an employee who is subject to call by assignment of a pager, beeper or special
response status during off-duty hours for emergency response, being in an unfit
condition to respond and effectively perform assigned duties when called to report due
to the consumption of alcohol. It is not a violation hereof for an employee
who carries a beeper more frequently than on a rotation or sporadic basis to
occasionally engage in social drinking of alcoholic beverages when off-duty or that
such an employee, on occasion, be in a condition unable to respond to an anticipated
off-duty call to return to duty, due to the consumption of alcohol.
6. Possession, use, manufacture, distribution, dispensation or sale of an illegal drug off
City premises or off duty that adversely affects the employee’s work performance or
his own or another’s safety during working hours.
7. Refusing to submit to an inspection authorized by Article IX when requested by
management.
8. Refusing to submit to a breath or blood testing authorized by Article IX to determine
blood/alcohol level when requested by management.
9. Failing to adhere to the requirements of any drug or alcohol treatment, or counseling
program in which the employee is to be a participant as a condition of continued
employment or required by written agreement between the employer and employee,
resulting from a violation of this policy.
10. Conviction under any criminal drug statute.
11. Failure to notify the City of any arrest or conviction covered under Article VII.
12. Failure to report to the employee’s supervisor the use of a prescribed drug or over-the-
counter medication which the employee has reason to believe may alter the employee’s
behavior or physical or mental abilities.
Page 478 of 704
APPENDIX B
13. Failure to keep prescribed medicine in its original containers, except as provided in
Article VI.
14. Refusing to sign a statement acknowledging that the employee has read and received a
copy of this policy, or the refusal of an employee assigned to work funded by Federal
grant monies to sign any drug free-certificate required by Federal law or regulations as
a condition of receiving the grant monies.
IX. Inspections.
1. Definition. “Reasonable suspicion” exists when a person responsible for a search is
aware of specific articulable facts, and inferences from those facts, which reasonably
warrant suspicion that evidence will be uncovered.
2. City furnished work place, vehicles, lockers and other receptacles. The City may
search at any time for any administrative or work-related reason, including
investigation of the violation of the prohibitions listed in Article VIII, any employer
furnished office space, desk, locker, which has no employee-provided lock on it, file
cabinet, motor vehicle, or any other item of City property maintained for the use of
employees in their work. Lockers with employee-provided locks on them may be
searched by the City for evidence of a violation of any prohibition listed in Article VIII
only when reasonable suspicion exists.
Employees are discouraged from bringing to the work place items of a personal nature
they would not want viewed or inspected by others.
3. Personal items. Closed personal containers and pockets of trousers, shirts, coats and
jackets brought to the work place or placed in City furnished vehicles but not being
worn by an employee may be searched for evidence of a violation of any prohibition
listed in Article VIII only when reasonable suspicion exists.
4. Notice and employee presence. The City will provide the Local 1433 member who is
the subject of the search, or the Union’s designated shift representative in the absence
of the affected employee, with prior written notification of the specific facts which have
caused the City to have reasonable suspicion that such a search is necessary and
appropriate. Searches will be conducted in the presence of the employee if on duty. If
off duty, the City shall make a reasonable effort to advise the employee of the search
and give the employee a reasonable opportunity to return and observe the search.
Searches conducted in the employee’s absence will be conducted before the Union’s
designated shift representative.
5. Alcohol testing. Whenever the City of Pasco has a reasonable suspicion either that an
employee is consuming alcohol on City premises or during working hours in violation
of this policy, or that an employee is under the influence of alcohol in violation of this
policy, the City may request one or more samples of the employee’s breath or blood
for testing for alcohol level. The employee will be given the election of breath or blood
testing for his or her initial test.
Page 479 of 704
APPENDIX B
If blood testing is requested, two samples shall be drawn. One sample shall be sent to
the State Toxicologist for analysis and the second sample shall be analyzed by either
the local Lourdes Hospital Business Health Service facility or a laboratory certified by
the National Institute for Drug Abuse or the National Institutes of Health. If such a
medical laboratory is not available locally, the second blood sample will also be sent
to the State Toxicologist for analysis.
If breath testing is requested, it shall be performed by qualified personnel on equipment
and utilizing procedures approved by the State Toxicologist and promulgated in the
Washington Administrative code. In the event of a positive breath test, the employee
shall have the option of requesting a blood alcohol test to determine whether the results
of the breath test that was conducted were accurate. If such a blood test is requested,
only one sample will be drawn and it shall be analyzed by either the local Lourdes
Hospital Business Health Service facility or a laboratory certified by the National
Institute for Drug Abuse or the National Institutes of Health. If such a medical
laboratory is not available locally, the blood sample will be sent to the State
Toxicologist for analysis.
A “positive” test administered for the purpose of collecting evidence with respect to
the question whether an employee has violated the rule against consuming alcohol on
City premises or during working hours shall be one which demonstrates the presence
of any amount of alcohol in the employee’s body. A ‘positive” test administered for
the purpose of determining whether an employee is under the influence of alcohol shall
be one which demonstrates the presence of alcohol in an amount equal to or greater
than .10 grams per 100 milliliters of blood or .10 grams per 210 liters of breath in the
employee’s body. All testing shall be performed at the City’s expense.
6. Firefighters. When probable cause exists, an item-by-item search of the uniform parts
and personal clothing of a firefighter, down to the firefighter’s skin or underwear, may
occur in investigation of a violation of a prohibition listed in Article VIII. Any such
search shall be conducted out of view of persons not responsible for the search and
without physical contact.
Searches will be conducted in the presence of the employee if on duty, if off duty the
employer shall make a reasonable effort to advise the employee of the search and give
him a reasonable opportunity to return and observe the search. Searches conducted in
the employee’s absence will be conducted before a bargaining unit representative if the
employee is represented.
Whenever the City of Pasco has a reasonable suspicion that an employee is consuming
alcohol on City premises or during working hours in violation of this policy, the City
may request one or more samples of the employee’s breath or blood for testing for
blood/alcohol level. The employee will be given the election of breath or blood testing.
Breath testing shall be performed by qualified personnel on equipment and utilizing
procedures approved by the State Toxicologist and promulgated in the Washington
Administrative Code.
Page 480 of 704
APPENDIX B
If a blood sample is requested, two samples shall be drawn. One sample shall be sent
to the State Toxicologist for analysis and the second sample shall be analyzed by a local
medical laboratory. Of a local medical laboratory is unavailable, then the second
sample shall also be sent to the State Toxicologist for analysis.
X. Consequences for Violation of This Policy.
Violation of the City of Pasco’s alcohol and drug policy may result in severe disciplinary
action, including discharge for a first offense. It may also result in a mandatory referral to
a treatment or counseling program. The City believes that discharge of an employee is
appropriate discipline for the following cases:
1. When the employee uses, possesses, manufactures, distributes, dispenses, or sells
illegal drugs or drug paraphernalia on City premises or City business, in City supplied
vehicles, or during working hours.
2. When the employee uses or possesses without authorization, manufactures, distributes,
dispenses, or sells a controlled substance on City premises or City business, in City
supplied vehicles, or during working hours.
3. When the employee stores in a locker, desk, City supplied vehicle or other repository
on City premises any illegal drug, drug paraphernalia or any controlled substance
whose use is unauthorized: except in the performance of official duties.
4. When the employee is convicted under any criminal drug statue for a violation
occurring on or off the job.
5. When the employee refuses to submit to an inspection permitted by Article IX when
requested by management.
6. When the employee fails to notify the City of any arrest or conviction covered under
Article VII.
7. When the employee refuses to sign a statement that he has read and received a copy of
this policy.
XI. Employees Subject to Collective Bargaining Agreement.
Nothing herein shall be interpreted to supersede or override any provision of any collective
bargaining agreement between the City of Pasco and any employee bargaining group; nor
shall any provision hereof be interpreted as being enforceable against any employee who
is a member of an employee bargaining unit when such provision is required by the laws
of the State of Washington to be collectively bargained, without the City of Pasco first
complying with the requirements of Washington State law.
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APPENDIX C
NOTIFICATION OF EMPLOYMENT
In accepting this employment, I fully realize that my primary responsibility is to the City of
Pasco, and that my outside employment will not interfere or conflict with my position with the
City. I also understand that I shall not work outside employment within eight (8) hours of my
scheduled shift start time.
Employee (please print name) Date
Employee signature
Name of Outside Employer: ______________________________________________________
Business Name (if different): ______________________________________________________
Business Address: ______________________________________________________________
Business Phone: ________________________________________________________________
Type of Work: _________________________________________________________________
Description of possible hours of work: ______________________________________________
Received by: __________________________ ____________________________________
Fire Chief Date
Received by: __________________________ ____________________________________
City Manager Date
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AGENDA REPORT
FOR: City Council November 30, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Colleen Chapin, Human Resources
Director
Executive
SUBJECT: Resolution No. 4288 - 2023-2025 Pasco Police Officers Association -
Non-Uniform Unit Collective Bargaining Agreement
I. REFERENCE(S):
Resolution
Collective Bargaining Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No.4288, approving the 2023-2025
Collective Bargaining Agreement with the Pasco Police Officers Association -
Non-Uniform Bargaining Unit.
III. FISCAL IMPACT:
Increases cost of department operations (base wages and benefits) by
approximately $37,201 in 2023, $47,739 in 2024 and $44,206 in 2025 (based
on 5% for bargained increase of 3% minimum - 6% maximum, 100% of CPI-U,
b/c western cities (June to June 2024).
IV. HISTORY AND FACTS BRIEF:
The current contract terminates December 31, 2022.
V. DISCUSSION:
This is a seven (7) member bargaining unit, which has a Collective Bargaining
Agreement (CBA) that will expire December 31, 2022. There was an interest by
both parties to settle the CBA before it expired. The Pasco Police Officers
Association - Non-Uniform Unit (PPOA-NU) bargaining team was aware that the
Consumer Price Index (CPI) for June 2022 was 8.5%, which is a primary factor
what bargaining wages and benefits.
Page 483 of 704
The negotiations went very smoothly with a reasonable settlement agreed to by
the parties:
Effective January 2023:
6.0% base wage increase
Dual language incentive increase to 3% up from 1%
2.0% (new) deferred compensation contribution
Effective January 2024:
6.0% base wage increase
Effective January 2025:
100% CPI-U b/c cities – June to June 4 (3.0 % min 6.0% max)
Staff recommends Council ratification of the 2023-2025 CBA with PPOA-NU
bargaining unit.
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Resolution – 2023-2025 PPOA-NU CBA - 1
RESOLUTION NO. 4288
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, APPROVING THE 2023-2025 COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF PASCO AND THE PASCO POLICE
OFFICERS ASSOCIATION – NON-UNIFORMED EMPLOYEES.
WHEREAS, the City of Pasco Council has approved Collective Bargaining Agreements
CBA) between the City of Pasco and the Pasco Police Officers Association - Non-Uniformed
Employees (PPOA-NU) since 1987; and
WHEREAS, the current CBA with PPOA-NU, will expire December 31, 2022; and
WHEREAS, the negotiations commenced on March 29, 2022, with this 8-member
bargaining unit and after a few language modifications and economics were negotiated, which
provide greater clarity for management and the bargaining unit members, the parties reached a
tentative agreement on November 11, 2022: and
WHEREAS, on November 12, 2022, the PPOA-NU representative notified the City that
the membership voted to ratify the tentative 2023-2025 Collective Bargaining Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Collective Bargaining Agreement Between the City of Pasco and the Pasco Police
Officers Association - Non-Uniformed Employees commencing on January 1, 2023, through
December 31, 2025, be ratified; and
Be it Further Resolved that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to execute the 2023-2025 Collective Bargaining
Agreement Between the City of Pasco and the Pasco Police Officers Association – Non-Uniformed
Employees, a copy of which is attached hereto and incorporated herein by this reference as Exhibit
A, on behalf of the City of Pasco.
Be It Further Resolved that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
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Resolution – 2023-2025 PPOA-NU CBA - 2
PASSED by the City Council of the City of Pasco, Washington this 5th day of December,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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2023 - 2025
COLLECTIVE BARGAINING AGREEMENT
Between
THE CITY OF PASCO
And
THE PASCO POLICE OFFICERS ASSOCIATION
NON-UNIFORMED EMPLOYEES
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2023 – 2025 Table of Contents
ARTICLE 1 – Recognition. .......................................................................................................... 5
ARTICLE 2 – Term and Scope of Agreement. .......................................................................... 5
Section 1. Effective Date. ........................................................................................................... 5
Section 2. Entire Agreement. ...................................................................................................... 5
Section 3. Collective Bargaining Rights. .................................................................................... 5
ARTICLE 3 – Management Rights. ............................................................................................ 5
ARTICLE 4 – Performance of Duty. .......................................................................................... 6
ARTICLE 5 – Grievance Procedures. ........................................................................................ 7
Step 1. Discussion with Supervisor...................................................................................... 7
Step 2. Written Grievance to Chief of the Department. ....................................................... 7
Step 3. Grievance Appealed to City Manager...................................................................... 7
ARTICLE 6 –Shift Off Exchange. ............................................................................................... 9
Section 1. Shift Exchange. .......................................................................................................... 9
Section 2. No Overtime Liability. ............................................................................................... 9
ARTICLE 7 – Sick Leave. ............................................................................................................ 9
Section 1. Purpose. ...................................................................................................................... 9
Section 2. Accrual and Use. ........................................................................................................ 9
a. Accrual of Sick Leave. ..................................................................................................... 9
b. New or Probationary Employees Accrual and Use of Sick Leave. .............................. 9
c. Sick Leave with Pay. ...................................................................................................... 10
d. Return to Work after Sick Leave. ............................................................................... 10
e. Sick Leave – Payment in Lieu Thereof. ......................................................................... 10
Section 3. Family Illness. ......................................................................................................... 10
ARTICLE 8 – Work Schedule and Overtime. ......................................................................... 11
Section 1. Work Schedule. ....................................................................................................... 11
a. Normal Work Week and Work Day. .............................................................................. 11
b. Time of Work. ............................................................................................................ 11
c. Change in Regular Long-Term Work Schedules. .......................................................... 11
d. Breaks. ........................................................................................................................ 11
Section 2. Overtime. ................................................................................................................ 11
a. Overtime Hour Threshold. ............................................................................................. 11
b. Call Backs. .................................................................................................................. 12
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c. Authorization by Chief. .................................................................................................. 12
ARTICLE 9 – Holidays. ............................................................................................................. 12
Section 1. Legal Holidays. ....................................................................................................... 12
a. Personal Holiday. ........................................................................................................... 12
b. Additional Holidays. ................................................................................................... 13
Section 2. Holiday Compensation Rate. .................................................................................. 13
Section 3. Weekend Holidays. ................................................................................................. 13
Section 4. Holiday During Vacation Leave. ............................................................................ 13
ARTICLE 10 – Bereavement. .................................................................................................... 13
Section 1. Death in Family....................................................................................................... 13
ARTICLE 11 – Medical, Dental and Life Insurance. ............................................................. 13
Section 1. Medical, Dental and Vision Insurance for Employees and Dependents. ................ 13
Section 2. Life Insurance. ........................................................................................................ 14
ARTICLE 12 – Vacations. ......................................................................................................... 14
Section 1. Vacation Credit. ...................................................................................................... 14
Section 2. Accumulation of Vacation. ..................................................................................... 14
Section 3. Probationary Employees. ........................................................................................ 14
Section 4. Vacation Buyback. .............................................................................................. 14
ARTICLE 13 - Wages. ................................................................................................................ 15
Section 1. Wage Rates ............................................................................................................. 15
Section 2. Bilingual Incentive. ................................................................................................. 15
Section 3. Out of Class Pay....................................................................................................... 15
Section 4. Deferred Compensation. ......................................................................................... 15
ARTICLE 14 – Uniforms and Cleaning. .................................................................................. 15
Section 1. Uniforms.............................................................................................................. 15
Section 2. Replacement/Cleaning. ....................................................................................... 16
Section 3. Loss and Damage. ............................................................................................... 16
Section 4. Shoes. .................................................................................................................. 16
ARTICLE 15 – Substance-Free Work Place Policy. ............................................................... 16
ARTICLE 16 – Federal Family and Medical Leave Act of 1993. .......................................... 16
Section 1.................................................................................................................................... 16
Section 2.................................................................................................................................... 17
Section 3.................................................................................................................................... 17
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ARTICLE 17 – Savings Clause. ................................................................................................. 17
ARTICLE 18 – Education Assistance ....................................................................................... 17
Section 1. Education Assistance. ............................................................................................. 17
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This Agreement is made and entered into by and between the City of Pasco, Washington,
hereinafter referred to as the “Employer” and the Pasco Police Officers Association, hereinafter
referred to as the “Association.”
ARTICLE 1 – Recognition.
The Employer recognizes that the Association is the exclusive bargaining representative for all
full-time and regular part-time non-uniformed employees of the Police Department of the City of
Pasco.
Employee(s)” as used herein means and is limited to police department employees employed in
full-time and regular part-time positions in the Pasco Police Department, excluding the Chief of
Police, uniformed personnel within the meaning of RCW 41.56.030(6), supervisors, and
confidential employees.
Recognized Positions: The current positions specifically identified as being part of the bargaining
unit are: Police Services Specialist, Lead Police Services Specialist, Accreditation Specialist,
Evidence Technician, Crime Analyst. New non-commissioned positions created in the future by
expansion of the Police Department or by reclassification of any current non-commissioned
position within the bargaining unit would be recognized as within the bargaining unit unless
confidential or supervisory.
ARTICLE 2 – Term and Scope of Agreement.
Section 1. Effective Date. This Agreement shall become effective on January 1, 2023 and shall
remain in full force and effect to and including December 31, 2025.
Section 2. Entire Agreement. The Agreement expressed herein in writing constitutes the entire
agreement between the parties.
Section 3. Collective Bargaining Rights. The parties acknowledge that each has had the
unlimited right and opportunity to make proposals with respect to any matter being the proper
subject for collective bargaining. The results of the exercise of that right are set forth in this
Agreement.
ARTICLE 3 – Management Rights.
Except as specifically modified by other Articles of this Agreement, the Association and
employees recognized the exclusive right of the City to make and implement decisions with respect
to the operation and management of its operations in all respects. Such rights include but are not
limited to the following:
1. To establish the qualifications for employment and to employ employees.
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2. To establish the makeup of the City workforce and make changes from time to time,
including the addition or elimination of classifications, and direct the workforce towards
the organizational goals established by the City.
3. The right to determine its mission, policies, and all standards of service offered to the
public.
4. To plan, direct, schedule, control and determine the operations or services to be conducted
by the employees of the Police Department and City.
5. To determine the means, methods and number of personnel needed to carry out the
departmental operations and services.
6. To direct the workforce.
7. To hire and assign or transfer employees within the department or police-related functions.
8. To promote, demote, suspend, discipline or discharge employees for cause subject to
applicable Civil Service Laws, Rules and Regulations.
9. To lay-off or relieve employees of duty.
10. To make, publish, and enforce rules and regulations including reasonable rules pertaining
to secondary employment.
11. To introduce and use new or improved methods, equipment or facilities.
12. To contract for goods and services.
13. To assign work to and schedule employees, and to establish and change work schedules.
14. To determine the City budget and financial policies, including accounting procedures.
15. To establish and administer a personnel system which provides for all types of personnel
transactions including determining the procedures and standards for hiring, promotions,
transfer, assignment, lay off, discipline, retention and classification of positions.
16. To establish work and productivity standards and, from time to time, to change those
standards.
17. To assign overtime.
18. To take whatever action is necessary to carry out the mission of the City in emergencies.
Provided, however, that the exercise of any and all of the above rights should not conflict with
any of the express written provisions of this Agreement.
ARTICLE 4 – Performance of Duty.
Neither the Association, its officers, or agents, nor any of the employees covered by the Agreement
will engage in, encourage, sanction, support or suggest any strikes, slowdowns, blu flu, speed-ups,
mass resignations, mass absenteeism, the willful absence from one’s positions, the stoppage of
work or the abstinence in whole or in part of the full, faithful and proper performance of the duties
of employment. In the event that any employee violates this Article, the Association shall, upon
written request from the City to any elected representative of the Association, immediately notify
any such employees in writing to cease and desist from such action and shall instruct them to
immediately return to their normal duties. Any and all employees who violate any of the
provisions of this Article may be discharged or otherwise disciplined.
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ARTICLE 5 – Grievance Procedures.
A grievance shall be defined as a dispute or disagreement raised by an employee or group of
employees against the employer involving the interpretation or application of the specific
provisions of this Agreement. It is specifically understood that any disputes regarding matters
governed by Civil Service rules or statutory provisions shall not be considered grievances and shall
not be subject to the grievance procedure hereinafter set forth. Nor shall any disciplinary actions
which may be appealed to the Civil Service Commission be considered grievances and be subject
to the grievance procedure herein. Grievances, as herein defined, shall be processed in the
following manner.
Step 1. Discussion with Supervisor. As soon as possible, but in no case later than ten (10)
calendar days after an employee knows or should have known of the event giving rise to a
complaint, an employee shall first discuss their complaint with their immediate supervisor. Said
supervisor shall make an investigation of the relevant facts and circumstances of the complaint
and attempt to resolve the matter. If the complaint is not settled, the employee shall notify the
Non-Uniformed” Unit Grievance Committee of the Association in writing, setting forth the nature
of the complaint. Said notifications shall cite the relevant facts, provisions of the Agreement
allegedly violated and the remedy sought. The “Non-Uniformed” Unit Grievance Committee shall
meet within three (3) calendar days to determine whether a valid grievance does in fact exist. If
the complaint is found not to constitute a valid grievance, no further action will be taken.
Step 2. Written Grievance to Chief of the Department. If the grievance committee finds a
valid grievance, its written findings and the original complaint of the employee shall be forwarded
to the Police Chief within fifteen (15) calendar days from the date of the committee’s meeting.
The police chief shall meet with the employee and a committee representative within seven (7)
calendar days and notify the employee in writing of their decision within ten (10) calendar days
following said meeting.
Step 3. Grievance Appealed to City Manager. If the Association is dissatisfied with the
decision of the Police Chief, the Association may, within ten (10) calendar days from the Police
Chief’s decision, request a review by the City Manager. Said appeal shall delineate the areas of
agreement and disagreement with the response given at Step 2 and the reasons therefore. The City
Manager shall hold a hearing on the dispute within fifteen (15) calendar days where the parties
may provide evidence and testimony. The City Manager shall issue a written decision and the
reasons therefore within fifteen (15) calendar days of such hearing.
If the Association is not satisfied with the decision of the City Manager, the Association may
within seven (7) working days of the date of the City Manager’s decision, forward a request for
review by an independent Fact Finder to the City Manager. Said request shall delineate the areas
of agreement and disagreement with the decision of the City Manager and the reasons therefore.
The Association and the City shall attempt to agree upon a person who would act in such capacity.
If parties fail to agree upon and/or obtain a Fact Finder within seven (7) working days of service
of the request, then either party may request a Federal Mediation and Conciliation Service (FMCS)
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to supply the names of five (5) disinterested individuals who are qualified and willing to perform
as an impartial Fact Finder in the dispute. Upon receipt of said names, the parties shall meet within
seven (7) working days to make a selection. Selection shall be achieved by alternate striking of
names with the party striking first being determined by a coin toss.
The Fact Finder shall convene a hearing in the City of Pasco within thirty (30) days of selection
by the parties. At said hearing the parties may present evidence and sworn testimony as well as
cross-examine one another’s witnesses. Each of the parties agrees to produce any records or
materials that the Fact Finder may require relative to the dispute.
Upon closure of the hearing, the Fact Finder shall promptly issue written findings and
recommended action(s). In formulating their position, the Fact Finder shall designate the losing
party. The opinion shall not attempt to destroy, change, delete from, add to or alter the terms of
this Agreement.
Within ten (10) working days of the City Manager’s receipt of the Fact Finder’s written opinion,
the City Manager shall either affirm, disaffirm, or amend said opinion and provide the reasons
therefore. The result of the City Manager’s review shall be final and binding on the parties and
there shall be no further appeal.
Each party shall bear the cost of the preparation of its own case. The cost of the Fact Finder shall
be borne by the parties in equal amounts including related fees, expenses and room rental. In the
event the City Manager does not follow the recommendation of the Fact Finder’s written opinion,
the City shall bear the full cost of the related fees, expenses, etc., of the Fact Finder.
Special provisions:
1. The term “employee” as used in the Article shall mean an individual employee, or group
of employees, accompanied by a representative.
2. An Association representative and/or aggrieved party shall be granted time off without loss
of pay for the purpose of processing a grievance from Step 2 forward. Any investigation
undertaken by the Association upon the worksite shall be conducted so as not to disturb
the work of uninvolved employees and only after advance notice to the Police Chief.
3. A grievance may be entertained or advanced to any step in the grievance procedure if the
parties so jointly agree.
4. The time limits as specified in this procedure may be extended by mutual written consent
of the parties involved. Both parties must sign a statement of the duration of such extension
of time.
5. Any grievance shall be considered settled at the completion of any step if all parties are
satisfied or if neither party presents the matter to a higher authority within the prescribed
period of time.
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6. Failure to act within the time limits specified in any step, other than a failure to meet or
respond within the time limits, shall constitute a waiver and forfeiture of the moving party’s
right to further consideration of the grievance. Failure to meet or respond shall be deemed
a waiver of that step and the grievance may be referred to the next step of the grievance
procedure if the aggrieved party gives written notice of its intent to do so within five (5)
calendar days after the deadline for meeting or responding.
The parties agree to use a standardized form for the submission of grievance.
ARTICLE 6 –Shift Off Exchange.
Section 1. Shift Exchange. Employees shall have the right to exchange shifts off when the
exchange does not interfere with the best interests of the police department or result in overtime
liability for the employer. Requests for exchanges of shifts off shall be made forty-eight (48) hours
in advance of the day requested, excluding holidays and weekends, and be subject to the approval
of the Chief of Police or their designee.
Section 2. No Overtime Liability. A shift exchange shall not result in overtime liability for the
employer. When an exchange results in an employee working hours that would qualify for
overtime, the excess hours worked shall be excluded from the calculation of hours for which the
employee would otherwise be entitled to overtime. Where employees trade hours, each employee
will be credited as if they had worked their normal work schedule for that shift.
ARTICLE 7 – Sick Leave.
Section 1. Purpose. It is understood that sick leave is solely for the purpose of illness or injury
when the employee is unable or unfit to report to work. For all employees, paid sick leave shall
not be available for illness or injury resulting from or caused by accident connected with other
gainful employment where the City has not previously approved the outside employment. The
Chief of Police, at their discretion, may require a doctor’s certification of unfitness for duty.
Section 2. Accrual and Use. All employees shall accrue and receive sick leave benefits as
follows:
a. Accrual of Sick Leave. Sick leave shall accrue at the rate of eight (8) hours for each
month of active service for each regular employee to a maximum accumulated sick
leave of 960 hours; however, the severance benefit provided hereafter shall be based
on the product of twenty-five percent times the accrued number of sick leave hours up
to a total of 720 hours.
b. New or Probationary Employees Accrual and Use of Sick Leave. A new or
probationary employee shall earn sick leave credit in accordance with Section 2a,
which shall be credited to the probationary employee after ninety (90) days of
employment.
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c. Sick Leave with Pay. Employees shall earn and may be granted time off with pay
covering periods of illness or involuntary physical incapacity except time off caused
by accident connected with other gainful employment not previously approved by the
City to the extent that sick leave has accrued. In order to be granted sick leave with
pay, an employee must meet the following conditions:
1) Report to the Chief, immediate supervisor or designated representative the reason
for the absence. Unless the employee’s condition otherwise prohibits, sick report must
be made as soon as possible on the first day of the absence and every day thereafter
unless waived by the Chief or their designee) as far in advance of the scheduled work
as possible. Normally, this report shall be made no later than one-half hour before the
start of the shift.
2) Keep the Chief, immediate supervisor or designated representative informed of
their condition if the absence is of more than three working days duration.
3) If absence extends beyond three working days duration, the employee will be
required, at the option of the Chief, to submit a medical certificate signed by a
physician stating the kind or nature of sickness or injury, that the employee has been
unfit for work for the period of absence or quarantine or required to receive out-patient
care and is again physically able to perform their duties. The cost of obtaining such
medical certificate shall be at the City’s expense. The medical certificate shall be
submitted to the Chief of Police, or their designee and the contents of the certification
shall be disseminated to other City employees only on a “need to know” basis.
4) Permit the City to make a medical examination by a health care professional if
the City deems it so desirable. The City shall pay the expense of such a medical
examination and the records shall be maintained consistent with the medical
confidentiality requirements.
d. Return to Work after Sick Leave. The City may, at its expense, require a certificate
from an employee’s physician stating that the employee is physically capable of
returning to work. The city may, in addition and at its expense, require the employee
to be examined by a physician of the City’s choice to determine the ability of the
employee to safely perform their assigned tasks.
e. Sick Leave – Payment in Lieu Thereof. An employee at the time of leaving the City,
except for any such employee who has not given at least two weeks written notice of
their voluntary termination of employment with the City, shall have twenty-five percent
of their accumulated and unused sick leave up to an aggregate credit of 720 hours paid
to them in accordance with regular City payroll procedures.
Section 3. Family Illness. The City and the Association agree that the City will follow all state
and federal laws for leave use. These include but are not limited to FMLA. WFLA, USERRA,
state pregnancy leave laws, Washington Paid sick leave law. Details of specific laws are available
in Administrative Orders and with Human Resources.
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ARTICLE 8 – Work Schedule and Overtime.
Section 1. Work Schedule.
a. Normal Work Week and Work Day. For Clerical employees the normal workweek shall
consist of five (5) consecutive days in a seven (7) day work-period designated by the City.
The normal workday will consist of eight (8) consecutive hours of work and an unpaid,
off-duty lunch break each day subject to emergency work duties. Provided, this provision
is not intended to prohibit, by mutual agreement of the parties, the institution of an alternate
work shift in accordance of City of Pasco Administrative Order # 232 – Flex Time. For
non-clerical employees their job duties will affect their assignment or work hours.
b. Time of Work. Subject to subsection c. below, employees shall begin their work at the
time established by the Chief or their designee.
c. Change in Regular Long-Term Work Schedules. In the event the regular long-term
work schedule for an employee classification is changed, the employer will provide at least
thirty (30) days advance written notice except in the case of a bona fide emergency. Prior
to making a final decision the City will meet in good faith with the Association on the
proposed change. At the meeting with the Association, the City will explain the proposed
change; listen to the input of the employees regarding their concerns and suggestions. The
Chief will take into consideration the input of the employees in making their final
determination, but the determination of the Chief shall be final.
d. Breaks. Each employee shall receive a lunch period of thirty (30) minutes approximately
half way through the workday in accordance with the work schedule. Changes in the length
of the regular lunch period shall be subject to the requirements of subsection (C) above.
The lunch period shall not be compensable time, unless the employer interferes with the
employee’s lunch break or the employee is required to fulfill work responsibilities. Each
employee shall receive a rest period not to exceed fifteen (15) minutes approximately half
way through the first half shift and approximately half way through the second half shift
of each working day, in accordance with a schedule established by the City.
Section 2. Overtime.
a. Overtime Hour Threshold. All authorized work performed in excess of forty (40) hours
worked in a seven (7) day work period shall be paid for at the rate of time and one-half the
regular straight time rate of pay, in accordance with City of Pasco Administrative Order
232 - Flex Time. Provided, however, time worked on a sixth or seventh day of work in
a seven (7) days’ work period shall be paid at the time and one-half rate. Vacation, sick
leave and holidays shall count as hours worked for the purposes of overtime. The
workweek shall not be lengthened solely to take advantage of an employee’s illness,
vacation, or holiday, so as to avoid overtime payment. Overtime will be distributed equally
among those employees who normally perform the work. Compensatory time off may be
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granted in lieu of any accrued pay on a time and one-half basis at the request of the
employee and agreement of the Police Chief or their designee in accordance with the City
of Pasco Administrative Order #279 – Works Period, Overtime and Compensatory Time.
b. Call Backs. Should an employee be called back to the work site to work on a scheduled
day off or after normal working hours, the employee shall receive a premium pay of Twenty
Dollars ($20.00) plus wages at time and one-half (1.5x) for actual hours worked during the
call out. An employee shall be deemed to have been “called back” only when the employee
receives notice of work to be done after having left the work site. Employees who are
required to report to work early, contiguous with their regular shift or who are asked to
hold over” after the end of the regular shift shall not be eligible for the callout minimum
stated above but shall receive pay at time and one-half if applicable, for only the actual
hours worked.
c. Authorization by Chief. Overtime will be worked only at the direction of the Chief or
their designee. All employees shall work overtime when it is assigned.
ARTICLE 9 – Holidays.
Section 1. Legal Holidays. The following days are designated as City holidays.
Holiday Date
New Year’s Day January 1
Martin Luther King’s Birthday 3rd Monday in January
President’s Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veterans’ Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day 4th Friday in November
Christmas Day December 25
Personal Holiday As arranged
a. Personal Holiday. The Personal Holiday is a paid day off that may be selected subject to
the following conditions:
1) The employee has been continuously employed for more than six (6) months.
2) The employee has given at least fourteen (14) days written notice to their
supervisor unless said notice is waived.
3) The supervisor has approved the day.
4) The day is taken during the calendar year. Entitlement to the day will lapse
except where the day has been requested and that day and an alternate have been
denied. In the event of denial, the employee shall be paid for the day the last pay
period of December at the holiday rate of pay unless the employee’s request for a
Page 498 of 704
2023 - 2025 Collective Bargaining Agreement
between the City of Pasco and
the Pasco Police Officers Association Non-Uniformed Employees
Page 13
personal holiday is made on or after December 1, in which case the employee
shall receive their regular hourly rate of pay.
b. Additional Holidays. Any addition holidays declared by the city Council shall apply to
the members of the bargaining unit.
Section 2. Holiday Compensation Rate. In addition to being paid for the holidays designated
above, if an employee is required by the City to work on a paid holiday the employee shall receive
one and one-half times their regular rate of pay for the hours actually worked in addition to Holiday
pay at straight time rates.
Section 3. Weekend Holidays. Whenever any holiday specified above falls on a Saturday, the
Friday immediately preceding such holiday shall be observed as the holiday. When any of the
above holidays falls on a Sunday, the Monday immediately following shall be observed as the
holiday.
Section 4. Holiday During Vacation Leave. In the event a holiday honored under this
Agreement falls during an employee’s annual vacation, vacation leave for that day will not be
charged.
ARTICLE 10 – Bereavement.
Section 1. Death in Family. In the event of a death in the immediate family of an employee, the
employee shall be granted up to 32 hours off with pay. Additional leave for such purpose may be
taken and charged to other earned leave upon authorization of the Police Chief or their designee.
The City may require documentation of the need for such leave.
Immediate family for these purposes shall be defined as outlined in City of Pasco Administrative
Order 226.
ARTICLE 11 – Medical, Dental and Life Insurance.
Section 1. Medical, Dental and Vision Insurance for Employees and Dependents. The parties
have agreed to the following:
a. The Non-Represented medical in insurance premium, medical premium cap and
medical plan (e.g. coverage, deductibles, maximum out of pocket amount,
wellness/preventive, etc.) will be followed.
b. The Non-Represented dental plan will be followed.
c. The Non-Represented vision plan will be followed.
d. Medical Legislation. Notwithstanding the above, in the event state or federal
legislation requires the Employer to make changes in the group medical benefits
Page 499 of 704
2023 - 2025 Collective Bargaining Agreement
between the City of Pasco and
the Pasco Police Officers Association Non-Uniformed Employees
Page 14
provided employees during the life of this agreement, the Employer reserves the right
to make the required changes, provided, however, the employer provides the bargaining
representative with at least thirty (30) days advance notice of the change(s) and further
provided that, either the employer or the union may require this section to be reopened
in negotiations if the change results in a reduction of benefits or an increase (by at least
10%) in the amount of premium paid by either the employer or the employee, by
providing the other with written notice within fourteen (14) days of receipt by the
Association of the notice from the employer of the proposed changes.
Section 2. Life Insurance. The City, for the term of this Agreement, shall continue to provide an
employer-paid plan with benefits of Fifty Thousand ($50,000.00) dollars of face value term
insurance, in accordance with the terms of the policy selected by the City.
ARTICLE 12 – Vacations.
Section 1. Vacation Credit. All regular full-time employees shall receive vacation credit for
each month of continuous service starting from the date of the employee’s probationary
employment according to the following accrual schedule:
Years of Service Pay Period Accrual Annual Accrual
0-5 3.70 hrs 96 hrs
6-10 4.62 hrs 120 hrs
11-14 5.54 hrs 144 hrs
15 or more 6.46 hrs 168 hrs
Vacation accrual for regular part-time employees, as defined in City Policy, shall be pro-rated.
Section 2. Accumulation of Vacation. No accumulation of accrued vacation credit in excess of
what the employee earns in a two (2) year period shall be permitted. Time not taken which causes
accrual beyond two (2) years will be lost to the employee.
Section 3. Probationary Employees. A probationary employee will earn vacation credit that
shall be credited to the employee when the employee becomes a regular employee. Probationary
employees may not use any vacation leave during the first six months of employment/probationary
period. They will be allowed to take up to sixteen (16) hours of vacation leave during the second
six months of employment/probationary period.
Section 4. Vacation Buyback. After entering their third year of continuous service, employees
may convert up to forty (40) hours accumulated vacation to cash in December of each year.
Provided, the employee has maintained satisfactory work performance as shown on their last
performance evaluation and has used at least eighty (80) vacation hours during the preceding
twelve (12) month period.
Page 500 of 704
2023 - 2025 Collective Bargaining Agreement
between the City of Pasco and
the Pasco Police Officers Association Non-Uniformed Employees
Page 15
ARTICLE 13 - Wages.
Section 1. Wage Rates for all positions:
2023 – 6% base hourly wage increase - effective 1st full pay period of January 2023
2024 – 6% base hourly wage increase – effective 1st full pay period of January 2024
2025 – 3% minimum – 6% maximum, 100% of CPI-U b/c western cities (June to June),
effective 1st full pay period of January 2025
Wage increases are shown on Appendix “A” for all bargaining unit positions.
Section 2. Bilingual Incentive. Effective January 2023, Any Association member who is fluent
in Spanish or in another foreign language (that is deemed useful to the City) shall have their base
wage increased by three percent (3%) per hour, such proficiency shall be reasonably determined
by the City.
Section 3. Out of Class Pay. Employees assigned to work in a higher classification for one or
more full shift(s) shall receive an additional ten percent (10%) per hour over their current rate of
pay, upon approval by the Chief of Police or their designee.
Section 4. Deferred Compensation. Each bargaining unit member shall be paid a deferred
compensation contribution as provided below:
2023 – two percent (2%) City contribution (no match required).
This provision is subject to the City’s deferred compensation rules and regulations adopted by the
City Council (consistent with collective bargaining responsibilities) and IRS regulations. The
computation of retirement contributions and pension benefits shall be governed by applicable state
law.
ARTICLE 14 – Uniforms and Cleaning.
Section 1. Uniforms. Employees in the positions of Lead Police Services Specialist and Police
Services Specialist, and Evidence Technician shall be provided the following uniforms. The
employer shall provide five (5) complete uniforms, if required for performance of duties, to each
new employee. Uniform items include:
Long sleeved shirt (5)
Short sleeved shirt (5)
Long pants (7)
Belt (1)
Jacket (1)
Page 501 of 704
2023 - 2025 Collective Bargaining Agreement
between the City of Pasco and
the Pasco Police Officers Association Non-Uniformed Employees
Page 16
The City will determine uniform styles, including colors. Uniform items shall remain the property
of the City.
Employees in the position of Evidence Technician will additionally be provided the following
uniform items by the city. The city will replace these items on an “as needed” basis:
Winter coat (1)
Rain coat (1)
Nomex meth lab suit (fire resistant)
o two-piece suit, with pants and
o long sleeved shirt (1)
Long sleeve shirts (5)
Short sleeve shirts (5)
BDU-style pants (7)
The City will also provide the Evidence Technician with (1) pair of shoes pursuant to the provision
of Section 4 of this Article.
Section 2. Replacement/Cleaning. Replacement of uniforms and uniform parts shall be on an
as needed” basis determined by the City. The City shall provide without cost to the employees,
cleaning of up to twenty-forty (24) City issued articles of clothing each month.
Section 3. Loss and Damage. Uniform parts lost, stolen, or damaged in the line of duty and
without neglect on the part of the employee will be replaced by the employer without
recrimination, cost or charge to the employee. Uniform parts lost or damaged by the employee
intentionally or through neglect on their part will be replaced by the employee at their expense.
Section 4. Shoes. The employee shall supply shoes acceptable to the City as a uniform part. The
City shall provide an allowance for each employee required to wear a uniform in the amount of
seventy-five ($75.00) annually, to be paid on the first (1st) payroll of January. The employee shall
bear any excess costs for the shoes selected. Shoes shall be for duty use only.
ARTICLE 15 – Substance-Free Work Place Policy.
The Substance-Free Work Place Policy set forth in the City of Pasco Administrative Order.
ARTICLE 16 – Federal Family and Medical Leave Act of 1993.
Section 1. Administrative Order No. 231 of the City Manager, originated November 22, 1993 and
dated March 17, 2010, setting forth the implementing procedures of the FMLA by the City is
hereby incorporated by this referenced herein as if specifically set forth.
Page 502 of 704
2023 - 2025 Collective Bargaining Agreement
between the City of Pasco and
the Pasco Police Officers Association Non-Uniformed Employees
Page 17
Section 2. If advanced knowledge of the need for use of FMLA, employees are cautioned to be
mindful of the thirty (30) day advance notice requirement. The city designated FMLA Leave
Request Form when family or medical leave is needed is intended to be used.
Section 3. FMLA leave may be coordinated with other leave benefits as noted in Administrative
Order No. 231. Any conflict between a provision of this Agreement and Administrative Order
No. 231 shall be resolved in favor of the language of this Agreement.
ARTICLE 17 – Savings Clause.
Should any Article, Section or portion of this Agreement be held unlawful and unenforceable by
final order of any court of competent jurisdiction or administrative agency having jurisdiction over
the subject matter, or by legislation of the State of Washington or federal government, such
decision or legislation shall apply only to the specific Article, Section or portion thereof directly
affected. Upon issuance of any such decision or legislation, the parties agree immediately to
negotiate a substitute, if possible, for the invalidated Article, Section or portion thereof. All other
portions of this Agreement and the Agreement as a whole, shall continue without interruption for
the term hereof.
ARTICLE 18 – Education Assistance
Section 1. Education Assistance. The City and the Association recognize the benefits brought
to the police function by increased educational levels. In an effort to increase members’
educational levels, the City will provide financial assistance to employees as outlined in City of
Pasco applicable Administrative Order.
Dated this ____ day of _______________, 2022.
CITY OF PASCO
Adam R. Lincoln, James Thompson, President
Interim City Manager Pasco Police Officer’s Association
ATTEST:
Debra Barham, CMC
City Clerk
Page 503 of 704
POSITIONGRADESTEP1STEP2STEP3STEP4STEP5STEP6MAX MERITPSS124.49 25.
AGENDA REPORT
FOR: City Council November 30, 2022
TO: Adam Lincoln, Interim City Manager City Council Workshop
Meeting: 12/5/22
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: *Resolution No. 4289 - Acceptance of Work of Peanuts Park Project
I. REFERENCE(S):
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4289, accepting work performed by
Booth & Sons Construction Inc., under contract for the Peanuts Park Project.
III. FISCAL IMPACT:
Original Contract Amount: $5,852,523.46 including Washington state sales tax.
Total Payment to Contractor after changes orders : $5,930.667.22 including
Washington state sales tax.
Total Approved Budget: $6,956,372.00 (includes revenue set aside for design,
engineering, and construction management)
IV. HISTORY AND FACTS BRIEF:
On February 1, 2021, City Council approved the Peanuts Park Project bid and
authorized the City Manager to sign the contract with Booth & Sons Construction,
Inc. in the amount of $5,852,523.46, including Washington State sales tax.
Throughout the project, there were a total of 14 change orders. The total amount
of change orders increased the project amount by 2.4% and with ample revenue
to cover the expenses, no contract amendments were required by City Council.
Final payment to Booth & Sons Construction, Inc. totaled: $5,930.667.22, with
275,680.40 held as retainage.
Page 505 of 704
The project as bid and amended is complete and the materials and workmanship
meets the standards specified in the contract documents.
V. DISCUSSION:
Formal acceptance of public works projects are required by State law and initiate
a 45-day period within which anoutside vendor, supplier, or laborer has the
opportunity to file a claim against this project pursuant to RCW 60.28.011(2).
Upon completion of the 45-day lien filing period, retainage being held by the City
may be released upon receipts of the following:
An affidavit of no liens
A release from the Department of Revenue that all taxes have been paid
A release from any claim from the Department of Labor and Industries,
pursuant to RCW 60.28.051
Staff recommends approval of the proposed Resolution accepting the work
performed by Booth & Sons Construction, Inc. for the construction of the Peanuts
Park project.
Page 506 of 704
Resolution – Peanuts Park Project Closeout - 1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY BOOTH & SONS CONSTRUCTION,
INC., UNDER CONTRACT FOR THE PEANUTS PARK PROJECT.
WHEREAS, the work performed by Booth & Sons Construction, Inc., under contract for
the Peanuts Park project, has been examined by City of Pasco staff and has been found to be in
apparent compliance with the applicable project specifications and drawings; and
WHEREAS, it is the City staff’s recommendation that the City of Pasco formally accept
the contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with the staff’s recommendation and thereby accepts the
work performed by Booth & Sons Construction, Inc., under contract for the Peanuts Park project,
as being completed in apparent compliance with the project specifications and drawings; and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance; and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Administrative & Community Services Director and
Finance Director.
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 507 of 704
AGENDA REPORT
FOR: City Council November 29, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: *Resolution No. 4290 - Interfund Loan Amendment from General Fund to
Marina Fund
I. REFERENCE(S):
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4290, authorizing an interfund loan
amendment from the General Fund to the Marina Fund.
III. FISCAL IMPACT:
Amendment results in forgiveness of $87,635 by General Fund to the benefit of
the Marina Fund.
IV. HISTORY AND FACTS BRIEF:
Docks A and B at the City's marina were damaged due to a winter storm in 2017
and a windstorm event in 2022. In 2019, a loan of $450,000 plus interest of 3.9%
was approved and issued from the General Fund to the Marina Fund to allow
time for expense recovery via insurance settlement.
When damage originally occurred, the City worked closely with its insurance
provider. Recently, the Federal Emergency Management Agency (FEMA) was
engaged to recover clean up expenses.
First in 2020, and again at the end of 2021, the loan term was extended while
effort was made to recover costs. The Marina Fund anticipates revenues that
partially recover repair costs; however, remain insufficient to repay the
outstanding interfund loan.
Page 508 of 704
Since loan origination, the Marina Fund has repaid $392,000 in principal and
interest.
V. DISCUSSION:
The final payment in the loan schedule for year 2022 was $87,635. While the
Marina Fund anticipates partial reimbursement for repair costs, the recovery is
not sufficient to repay the outstanding loan payable and present a positive fund
balance at year end 2022.
As all recovery options for damages have been exhausted, staff recommends
approval of the proposed Resolution.
Page 509 of 704
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING AN INTERFUND LOAN AMENDMENT FROM THE
GENERAL FUND TO MARINA FUND.
WHEREAS, in 2019, the City Council of the City of Pasco (City), pursuant to RCW
35.34.200 determines that it is in the best interest of the City to lend funds from the General Fund
to the Marina Fund and to provide for the repayment thereof, and
WHEREAS, Resolution No. 3922 authorized the Marina Fund required an interim loan
for $450,000, plus interest of 3.9%, at the end of 2019 to present a positive fund balance due to
the delay in receiving insurance proceeds from dock damage; and
WHEREAS, the Marina Fund required two (2) loan extensions authorized by Resolution
No. 4018 and Resolution No. 4132 in the years 2020 and 2021 respectively. The loan extensions
were due to an excess expense over revenues resulting from insurance proceeds being less than
repair costs and recent damage to another dock with delayed insurance proceeds; and
WHEREAS, the Marina Fund anticipates partial reimbursement for repair costs, but will
not be sufficient to repay the interfund loan and present a positive fund balance in 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
That the City Council authorizes an amendment of an interfund loan and authorizes the
Finance Director of the City of Pasco to make the loan amendment from the City of Pasco funds
as follows:
Amend the amount of the loan debt service to $392,000.
Subsidize the remaining $87,635 of the original interfund loan from the General Fund.
Be It Further Resolved that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
PASSED by the City Council of the City of Pasco, Washington on this ____ day of
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 510 of 704
AGENDA REPORT
FOR: City Council November 30, 2022
TO: Adam Lincoln, Interim City Manager City Council Special
Meeting: 12/5/22
FROM: Eric Ferguson, City Attorney
Executive
SUBJECT: Ordinance No. 4632 - Adopting the Redistricting Plan and Amending the
Pasco Municipal Code Chapter 1.15 Voting Districts
I. REFERENCE(S):
Ordinance with Exhibits A & B
2017 Council Voting District Map
2022 (Original) Proposed Council Districts with Voting Precincts
2022 Amended Proposed Council Districts with Voting Precincts (November
18th Map)
Original) Demographer’s Memo Transmitting Recommended City Council Draft
Redistricting Plan
Amended Demographer’s Memo Transmitting Recommended City Council Draft
Redistricting Plan (Dated 11.25.2022)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4632, adopting the Redistricting Plan
in compliance with RCW 29A.76.010 and amending the Pasco Municipal Code
Chapter 1.15 Voting Districts based on the 2020 U.S. Decennial Census data as
required by Washington State and Federal Voting laws, and further, authorize
publication by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
There is considerable history here, in short, circumstances were such because
of then-existing State law, the City and ACLU were required to utilize the federal
court system for the City of Pasco to come into compliance with the Federal
Voter Rights Act (VRA). On May 8, 2017, Council approved the most recent
revisions to the City of Pasco's City Council Voting Districts which were
Page 511 of 704
subsequently approved and ordered by Judge Suko of the U.S. District Court,
Eastern District of Washington through a consent decree. Of note, under the
federal and state VRAs the U.S. Decennial Census is the standard by which
electoral districts shall be drawn, meaning that the districts established in 2017
under Judge Suko's order, were necessarily based on the 2010 census.
As adopted, the City's districting plan provided for one (1) at -large, and six
distinct (6) City Council Districts, which now require adjustment based on the
results of the 2020 U.S. Census, specifically to account for population growth
and where that growth occurred, as well as changes in demographics and city
limit (corporate) boundaries over the previous decade.
Delayed by the impacts of a world-wide pandemic, the 2020 U.S. Decennial
Census was completed in August of 2021, rather than April, and the subsequent
release to Washington State Office of Financial Management who in turn
provided information to the States, Counties and Municipalities further delayed.
Completion of the U.S. Census and release of the information triggers the need
and opportunity for the City to review its City Council Districts to assure
compliance with the federal, and recently adopted state, Voter Rights Acts. The
2020 Census data was made available by the U.S. government in the fall of
2021, since that time, and per Council direction, staff has been working with
specialized legal and demographic professionals to review and update City
Council District boundaries to account for changes in; city boundaries, total
population, voter population, and other pertinent demographic factors that have
occurred between April 1, 2010, and April 1, 2020.
As noted previously, the City Council districts were necessarily established
based on the 2010 census, the changes in population, corporate limits,
demographics in a rapidly growing community like Pasco, which occurred within
the decade between 2010 and 2020 have been significant. Considering
aforementioned changes, it is then reasonable to expect that the changes to the
six (6) districts, in terms of population and boundaries, will be proportionately
significant.
In preparing for the redistricting effort, it is helpful to keep in mind that the six (6)
City Council Districts require adjustments based on the results of the 2020 U.S.
Census, and the city limits map in effect at that time. Essentially, the City Council
District map that the Council will be adopting as part of the redistricting effort, will
reflect how the six Council districts best fit into the April 1, 2020 map for the
population, changes in corporate limits, and other statutorily relevant factors of
the City at that time, as determined by the 2020 U.S. Census and the two Acts.
As Council is aware, there have been annexations to the City subsequent to April
1, 2020. Annexation ordinances relating to each annexation subsequent to April
2020 should have identified the City Council district to which the newly annexed
property was assigned, these individual ordinances will in effect modify the yet
Page 512 of 704
to be adopted April 1, 2020 district map. To the extent any of the annexation
ordinances fail to reflect a City Council district, or are no longer aligned with the
correct district under the adopted April 1, 2020 district map, those annexation
areas will be redesignated to align with a contiguous district by subsequent
ordinance. Fortunately, most of the area annexed since April 2021 is sparsely
populated.
In February 2021, the City hired the services of Floyd, Pflueger & Ringer, P.S.,
as well as Dr. Peter Morrison who developed the current Council Voting Districts
in 2017 and assisted the City in updating Redistricting Plan.
Staff briefed Council on the progress and development of the Redistricting Plan
as information was received from the consultants and believes the draft plan
meets the criteria required per RCW 29A.76.010(4) and the federal VRA:
Each internal director, council, or commissioner district shall be as nearly
equal in population as possible to each and every other such district
comprising the municipal corporation, county, or special purpose district.
Each district shall be as compact as possible.
Each district shall consist of geographically contiguous area.
Population data may not be used for purposes of favoring or disfavoring
any racial group or political party
To the extent feasible and if not inconsistent with the basic enabling legislation
for the municipal corporation, county, or district, the district boundaries shall
coincide with existing recognized natural boundaries and shall, to the extent
possible, preserve existing communities of related and mutual interest.
Council held two public comment sessions on Wednesday, November 2nd and
Monday, November 7th.
V. DISCUSSION:
After the public comment session on November 7th, City staff, along with the
consultants, proceeded to draft an ordinance for adoption that would reflect the
map contained in the Draft Redistricting Plan. During that process and the quality
assurance process by the City's consultants, it was discovered that there were
discrepancies between the census block geography data that was altered by the
U.S. Census Bureau in 2020, and the data received from other sources both
internally and from Franklin County. In short, these technical anomalies altered
the map presented as the Draft Redistricting Plan as required by RCW
29A.76.010. As such, Council was unable to proceed with adoption of an
ordinance that complies with RCW 29A.76.010 without resubmitting the
amended draft plan to the public for additional written comment. The City's
consultants have worked with staff to correct the anomalies, and staff has also
Page 513 of 704
met with the Franklin County Auditor’s Office to discuss the role of voting
precincts as designated by the County. The verification process and subsequent
redrafting process has been completed and the Amended Draft Redistricting
Plan was able to be adopted by Council on November 28, 2022, at the Council
Special Meeting and regular Workshop, allowing a full week for additional written
public comments as required by RCW 29A.76.010 prior to potential final adoption
as an ordinance on December 5, 2022.
Page 514 of 704
Ordinance - Amending PMC Chapter 1.15 - 1
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
ADOPTING THE REDISTRICTING PLAN IN COMPLIANCE WITH RCW
29A.76.010 AND AMENDING CHAPTER 1.15 OF THE PASCO MUNICIPAL
CODE ENTITLED “VOTING DISTRICTS”.
WHEREAS, in 1965, Congress adopted the Federal Voting Rights Act as a tool to
prohibit discriminatory practices in state and local elections, based on the protections provided
under the Fifteenth Amendment to the Constitution ; and
WHEREAS, in 2018, the Washington State Legislature adopted a state Voting Rights
Act (codified in Chapter 29A.92 RCW), also intended to prohibit any voting practice or
procedure that effectively impairs the equal opportunity for members of a minority group to
participate in the nomination and election of candidates; and
WHEREAS, the state Voting Rights Act (Section 29A.92.050 RCW) provides for a
mechanism for drawing up voting districts in cities that seeks to accomplish the purposes of the
Voting Rights Act; and
WHEREAS, the City of Pasco has developed such a system of voting districts, codified
in Chapter 1.15 of the Pasco Municipal Code; and
WHEREAS, in accordance with RCW 29A.76.010 Redistricting, the voting districts
would need to be revised periodically as populations and demographics change at a minimum
of every ten years based on the decennial census ; and
WHEREAS, in accordance with RCW 29A.76.010, it is now appropriate to revise the
voting districts based on the decennial census in the City of Pasco; and
WHEREAS, in developing the anticipated revision of the Pasco voting districts, the City
of Pasco has hired the services of consultants to assist the City with the task of making voting
district revisions – adjusting for population and demographic shifts yet keeping districts parity
in line based on the requirements of RCW 29A.76.010; and
WHEREAS, in connection with such revision of the Pasco voting districts, Census
Groups and Census Blocks have been apportioned to the City’s identified voting districts, as
shown on the Map, a copy of which is attached hereto, marked as Exhibit A and B, and
incorporated herein by this reference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That Chapter 1.15 entitled Voting Districts” of the Pasco Municipal Code shall
be and hereby is amended to read as follows:
Page 515 of 704
Ordinance - Amending PMC Chapter 1.15 - 2
Chapter 1.15
VOTING DISTRICTS
Sections:
1.15.010 Number of districts – Equal population in each.
1.15.020 District one.
1.15.030 District two.
1.15.040 District three.
1.15.050 District four.
1.15.060 District five.
1.15.070 District six.
1.15.080 Election of Councilmembers and Councilmembers-at-large.
1.15.090 Councilmembers – Residential requirement and/or removal.
1.15.100 Re-establishment of district boundaries.
1.15.110 Annexation.
1.15.120 Recall petitions.
1.15.130 Filling vacancies.
1.15.010 Number of districts - Equal population in each.
The City is divided into six voting districts. Each district shall be as nearly equal in population as
possible; compact as possible; consist of geographically contiguous area; be configured as to not
favor or disfavor any racial group or political party; and to the extent feasible, coincide with the
existing recognized natural boundaries so as to preserve existing communities of related and
mutual interest. [Ord. 4315, 2016; Code 1970 § 1.10.010.]
1.15.020 District one.
Voting district one shall encompass the area within the City of Pasco comprised of precinct
numbers 5, 9, 10, 14 and 15, as those precincts are described on the maps and property descriptions
on file with the Auditor of Franklin County.is comprised of the following Census Block Groups
and Census Blocks:
1) Block Group 530210201021; including Census Blocks 029, 030, 031, 032, 033, 034, 035,
036, 037, 038, 039, 040, 041, 042, 043, 045, 046, 047; and
2) Block Group 530210201022; including Census Blocks 002, 003, 004, 005, 011, 012, 013,
014, 020; and
3) Block Group 530210201023; including Census Blocks 005, 007, 015, 016, 017, 018; and
4) Block Group 530210202021; including Census Blocks 000, 002, 004, 005, 006, 007, 008,
009, 014, 015, 016, 017; and
Page 516 of 704
Ordinance - Amending PMC Chapter 1.15 - 3
5) Block Group 530210203001; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015; and
6) Block Group 530210203002; including Census Blocks 018, 019, 020, 021, 022, 023, 024,
025, 026, 027; and
7) Block Group 530210203003; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018; and
8) Block Group 530210203004; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010; and
9) Block Group 530210204021; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 012; and
10) Block Group 530210204022; including Census Blocks 000, 001, 002, 003; and
11) Block Group 530210205041; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 025, 026, 027, 028,
029, 030, 031, 032, 033, 034, 035, 036, 037, 038, 039, 040; and
12) Block Group 530210205042; including Census Block 038. [Ord. 4346, 2017; Ord. 4315,
2016; Code 1970 § 1.10.020.]
1.15.030 District two.
Voting district two shall encompass the area within the City of Pasco comprised of precinct
numbers 2, 3, 13, 17 and 18, as those precincts are described on the maps and property descriptions
on file with the Auditor of Franklin County.is comprised of the following Census Block Groups
and Census Blocks:
1) Block Group 530210201011; including Census Blocks 017, 022, 023, 024, 025, 026, 027,
028, 029, 030, 031, 032, 034, 035, 036, 037, 038, 039, 040, 041, 042, 043, 044, 045, 046, 047,
048, 049, 050, 051, 052, 053, 054, 055, 056, 057, 058, 059, 060, 061, 062, 063, 064, 065, 066,
067, 068, 069, 070, 071, 072, 073, 074, 075, 076, 077; and
2) Block Group 530210201012; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 025,
026, 027, 028, 029, 030, 031, 032, 033, 034, 035, 036, 037, 038, 039, 040, 041, 042, 043, 044,
045, 046, 047, 048; and
3) Block Group 530210201021; including Census Blocks 018, 028; and
4) Block Group 530210201022; including Census Blocks 000, 001, 006, 007; and
Page 517 of 704
Ordinance - Amending PMC Chapter 1.15 - 4
5) Block Group 530210201023; including Census Blocks 000, 001, 002, 003, 004, 006, 008,
009, 010, 013, 014, 019, 020, 021, 022, 023, 024; and
6) Block Group 530210201031; including Census Blocks 000, 001, 002, 003, 004, 005; and
7) Block Group 530210202011; including Census Blocks 015, 018, 019, 020, 021; and
8) Block Group 530210202012; including Census Blocks 011, 012, 013, 014, 015, 016, 017,
018, 019, 020; and
9) Block Group 530210204011; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 025,
026, 027, 028, 029, 030, 031, 032, 033, 034, 035, 036, 037; and
10) Block Group 530210204032; including Census Blocks 015, 016, 017, 018, 019, 020, 021,
022, 023, 024, 025, 026, 027, 028; and
11) Block Group 530210204041; including Census Blocks 006, 007, 008, 013; and
12) Block Group 530210204042; including Census Blocks 005, 006; and
13) Block Group 530210205011; including Census Blocks 008, 013, 015, 016, 017, 018, 019,
020, 027, 032; and
14) Block Group 530210205031; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023; and
15) Block Group 530210205032; including Census Blocks 000, 001, 002, 011, 012, 013, 014,
015, 016, 017, 018, 019, 020, 021, 022, 023; and
16) Block Group 530210205033; including Census Blocks 007, 008, 009, 010, 011, 012, 013,
014, 015, 018, 019, 020, 021, 022, 023, 024, 025; and
17) Block Group 530210207001; including Census Blocks 197, 202, 203, 204, 205. [Ord.
4346, 2017; Ord. 4315, 2016; Code 1970 § 1.10.030.]
1.15.040 District three.
Voting district three shall encompass the area within the City of Pasco comprised of precinct
numbers 1, 8, 22, 23, 24, 32, 33, 34, 35, 37, 38, 39, 42, 43, 44 and 102, as those precincts are
described on the maps and property descriptions on file with the Auditor of Franklin County.is
comprised of the following Census Block Groups and Census Blocks:
1) Block Group 530210201021; including Census Blocks 002, 003, 004, 005, 006, 007, 008,
009, 010, 011, 012, 013, 014, 015, 016, 017, 019, 021, 022, 023, 024, 026; and
Page 518 of 704
Ordinance - Amending PMC Chapter 1.15 - 5
2) Block Group 530210203002; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017; and
3) Block Group 530210205042; including Census Blocks 001, 002, 009; and
4) Block Group 530210205043; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 012, 013; and
5) Block Group 530210206051; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 025,
026, 027, 028, 029, 030, 031, 032, 033, 034, 035, 036, 037, 038, 039, 040, 041, 042, 043, 044,
045, 046, 047, 048, 049, 050, 051, 052, 053, 054, 055, 056, 058, 062, 063, 064; and
6) Block Group 530210206052; including Census Blocks 025, 027, 028; and
7) Block Group 530210206053; including Census Blocks 002, 003, 004, 005, 006, 007, 008,
009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 025, 026, 027,
028, 029, 030, 031, 032, 033, 034, 035, 036, 037, 038, 039, 040, 041, 042, 043, 044, 045, 046,
047, 048, 049, 050; and
8) Block Group 530210206071; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 025,
026, 027, 028, 029, 030, 031, 032, 033, 034, 035, 036, 037, 038, 039, 040, 041; and
9) Block Group 530210206082; including Census Blocks 069, 074; and
10) Block Group 530219801001; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 025,
026, 027. [Ord. 4346, 2017; Ord. 4315, 2016; Code 1970 § 1.10.040.]
1.15.050 District four.
Voting district four shall encompass the area within the City of Pasco comprised of precinct
numbers 40, 45, 46, 47, 50, 51, 52, 53, 54, and 55, as those precincts are described on the maps
and property descriptions on file with the Auditor of Franklin County.is comprised of the following
Census Block Groups and Census Blocks:
1) Block Group 530210206031; including Census Block 000; and
2) Block Group 530210206052; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 026; and
3) Block Group 530210206061; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018; and
Page 519 of 704
Ordinance - Amending PMC Chapter 1.15 - 6
4) Block Group 530210206062; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 025,
026, 027, 028; and
5) Block Group 530210206064; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 025,
026, 027, 028, 029, 030, 031, 032, 033, 034, 035, 036, 037, 038, 039; and
6) Block Group 530210206072; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 028, 029; and
7) Block Group 530210206082; including Census Blocks 049, 050, 054, 056, 057. [Ord.
4346, 2017; Ord. 4315, 2016; Code 1970 § 1.10.050.]
1.15.060 District five.
Voting district five shall encompass the area within the City of Pasco comprised of precinct
numbers 19, 20, 21, 25, 26, 27, 28, 29, 30, 31, 36, 41, 48, 49, 56, 57, 58, 59, 60, 62, 63, 65, 66 and
67, as those precincts are described on the maps and property descriptions on file with the Auditor
of Franklin County.is comprised of the following Census Block Groups and Census Blocks:
1) Block Group 530210205011; including Census Blocks 000, 002, 003, 007, 009, 021, 022,
023, 024, 025, 026, 028, 029, 030, 031; and
2) Block Group 530210205012; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015; and
3) Block Group 530210205013; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016; and
4) Block Group 530210205014; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 025,
026, 027, 028, 029, 030, 031, 032, 033; and
5) Block Group 530210205032; including Census Blocks 004, 005, 006, 007, 008, 009, 010;
and
6) Block Group 530210205033; including Census Blocks 000, 001, 002, 004, 005; and
7) Block Group 530210205042; including Census Blocks 003, 005, 006, 010, 011, 012, 013,
014, 019, 020, 021, 027, 028, 029, 030, 031, 033, 035; and
8) Block Group 530210205043; including Census Blocks 011, 014, 015, 016, 017, 018; and
9) Block Group 530210206031; including Census Blocks 001, 002, 003, 004, 005, 006, 007,
008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 025, 026,
Page 520 of 704
Ordinance - Amending PMC Chapter 1.15 - 7
027, 028, 029, 030, 031, 032, 033, 034, 035, 036, 037, 038, 039, 040, 041, 042, 043, 044, 045,
046, 047: and
10) Block Group 530210206032; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014; and
11) Block Group 530210206063; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 013, 014, 015, 019, 020, 021, 022, 023, 024, 025, 026, 027, 028. [Ord. 4346, 2017;
Ord. 4315, 2016; Code 1970 § 1.10.060.]
1.15.070 District six.
Voting district six shall encompass the area within the City of Pasco comprised of precinct
numbers 4, 6, 7, 11, 12 and 16, as those precincts are described on the maps and property
descriptions on file with the Auditor of Franklin County.is comprised of the following Census
Block Groups and Census Blocks:
1) Block Group 530210201011; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 018, 019, 020, 021, 033, 078, 079, 080, 081,
082, 083, 084; and
2) Block Group 530210201021; including Census Blocks 044, 048; and
3) Block Group 530210201022; including Census Blocks 008, 009, 010, 015, 016, 017, 018,
019, 021, 022, 023; and
4) Block Group 530210201023; including Census Blocks 011, 012, 025, 026, 027; and
5) Block Group 530210201031; including Census Blocks 006, 007, 008, 009, 010, 011, 012,
013, 014, 015, 016, 017, 018, 019, 020, 021; and
6) Block Group 530210201032; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012; and
7) Block Group 530210202011; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 016, 017, 022, 023; and
8) Block Group 530210202012; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010; and
9) Block Group 530210202021; including Census Blocks 001, 003, 010, 011, 012, 013, 018,
019, 020, 021, 022, 023; and
10) Block Group 530210202022; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 025,
026, 027, 028, 029, 030, 031, 032, 033, 034, 035, 036, 037; and
Page 521 of 704
Ordinance - Amending PMC Chapter 1.15 - 8
11) Block Group 530210204021; including Census Blocks 008, 009, 010, 011; and
12) Block Group 530210204031; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 025,
026, 027, 028; and
13) Block Group 530210204032; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014; and
14) Block Group 530210204041; including Census Blocks 000, 001, 002, 003, 004, 005, 009,
010, 011, 012, 014; and
15) Block Group 530210204042; including Census Blocks 000, 001, 002, 003, 004; and
16) Block Group 530210205044; including Census Blocks 000, 001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 025.
Ord. 4346, 2017; Ord. 4315, 2016; Code 1970 § 1.10.070.]
1.15.080 Election of Councilmembers and Councilmembers-at-large.
The qualified electors of each voting district, and they only, shall nominate from among their
number candidates for the office of Councilmember of such voting district to be voted for at the
following general election. Such candidates shall be nominated in the same manner as other
candidates at the primary election held on the date specified in RCW 29A.04.311. In addition, one
Councilmember, designated Councilmember-at-large, shall be nominated from among all districts
within the City. Each Council position shall be numbered one through six corresponding to the
district number with the at-large candidate being designated as position seven. The two candidates
having the highest vote totals for each Council position shall be certified as having been nominated
and shall run for that position in the general election. District Councilmembers shall be elected by
all of the qualified voters of the District and the Councilmember-at-large shall be elected by all of
the qualified voters of the City and the person receiving the highest number of votes for the office
of Councilmember for the position for which he or she is a candidate shall be declared duly elected.
Ord. 4315, 2016; Code 1970 § 1.10.080.]
1.15.090 Councilmembers – Residential requirement and/or removal.
Councilmembers elected from districts shall be residents of the district from which they are
elected. Removal of a Councilmember from the district from which he or she was elected shall
create a vacancy in that office; provided, that no change in the boundaries of districts shall affect
the term of any Councilmember, but he or she shall serve out his or her term in the district of their
residence at the time of their election. [Ord. 4315, 2016; Code 1970 § 1.10.090.]
Page 522 of 704
Ordinance - Amending PMC Chapter 1.15 - 9
1.15.100 Re-establishment of district boundaries.
In addition to decennial census adjustments required by RCW 29A.76.010, the Council shall
reestablish district boundaries whenever the population in any district exceeds by 10 percent or
more the population in any other district; provided, that no change in the boundaries of any district
shall be made within 90 days next before the date of a general municipal election, nor within 12
months after the districts have been established or altered. [Ord. 4315, 2016; Code 1970
1.10.100.]
1.15.110 Annexation.
When additional territory is added to the City, it may, by act of the City Council, be annexed to
contiguous districts or attached to any other district as the Council may determine without affecting
the right to redistrict at the expiration of 12 months after the last previous division. [Ord. 4315,
2016; Code 1970 § 1.10.110.]
1.15.120 Recall petitions.
Any registered voter shall be eligible to sign a petition for the recall of any Councilmember. [Ord.
4315, 2016; Code 1970 § 1.10.120.]
1.15.130 Filling vacancies.
If a vacancy in the Council occurs or if a district office is not filled by the election process, the
remaining members of the City Council shall appoint a person to fill such office until the next
regular general municipal election, at which time a person shall be elected to serve for the
remainder of the unexpired term. Persons appointed to fill district offices shall be the residents of
that district. [Ord. 4315, 2016; Code 1970 § 1.10.130.]
Section 2. Final Ordinance. City staff is hereby directed to complete preparation of the
final Ordinance, including correction of any typographical or scrivener’s errors.
Section 3. This Ordinance shall take effect five (5) days after approval, passage and
publication as required by law.
Page 523 of 704
Ordinance - Amending PMC Chapter 1.15 - 10
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
Published: _____________________________
Page 524 of 704
Council
District 1
Council
District 4
Council
District 6
Council
District 3
Council
District 2
Council
District 5
INFORMATION SERVICES DEPT
GIS DIVISION
0 1,000 2,000 3,000 4,000500
Feet
1 of1NTS
11/28/2022 rka
FINALIZED RECOMMENDED PLAN:
NOVEMBER 18TH 2022
PROPOSED COUNCIL DISTRICTS
District 6
District 5
District 4
District 3
District 2
District 1
2022 Proposed Council Districts
Annexations after March
2020
FINALIZED RECOMMENDED PLAN:
NOVEMBER 18TH 2022
PROPOSED COUNCIL DISTRICTS
EXCLUDING ANNEXATION SINCE APRIL 1, 2020 - HATCHED AREAS)
EXHIBIT A
Council
District 1
Council
District 4
Council
District 6
Council
District 3
Council
District 2
Council
District 5
001
003
004
005
006
007
008
009010
011
012
014
016
018
019
021
022
023
026
027
028
029
030
031
032
033
034
035
036
037
038
039
040
041
042
043
044
046
047
048
049
051
052
053
054
055
056
057
058
059
060
062
063
065
066
067
102
020
045
107
106
108
110
109
068
013
002
113.01
113.02
015 114
17.01
17.02
024
025
115
116
50.0150.02
070
Us 395 NW
ArgentRdWCourt
S t
DentRdN4ThAveRoad60EAinswor
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100N 4Th
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INFORMATION SERVICES
DEPT GIS DIVISION 0
1,000 2,
000
3,000 4,
000500 Feet 1
of 1NTS 11/28/2022
rka FINALIZED RECOMMENDED PLAN:NOVEMBER 18TH 2022 PROPOSED
COUNCIL DISTRICTS
District 6
City of Pasco Council
Council
District 1
Council
District 4
Council
District 6
Council
District 3
Council
District 2
Council
District 5
001
003
004
005
006
007
008
009010
011
012
014
016
018
019
021
022
023
026
027
028
029
030
031
032
033
034
035
036
037
038
039
040
041
042
043
044
046
047
048
049
050
051
052
053
054
055
056
057
058
059
060
062
063
065
066
067
102
020
045
105
107
106
013
002
113.01
113.02
015 114
17.01
17.02
024
025
115
116
WCourtSt
E
FosterWells Rd
HarrisRdUs395NUs395NN4ThAveRoad60Harris
RdE Ainsw
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Heritage BlvdS
20Th AveN4Th
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28ThAveW Lewis StRoad 36N20Th
AveBurden Blvd
W Court StRoad
100N 4Th
AveS Oregon AveN
1StAveNO
regon AveN
10ThAveUs 395 SE
Lewis
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Sylvester
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Us
1 2EUs
395 SBurns Rd Road
36I-182 W Us
395 SUs 1
2 W
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395 N
I-182
W INFORMATION
SERVICES DEPT GIS DIVISION
0 1,
000 2,000 3,
000 4,000500
Council
District 1
Council
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District 6
Council
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Council
District 5
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INFORMATION SERVICES DEPT
GIS DIVISION
0 1,000 2,000 3,000 4,000500
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1 of1NTS
11/22/2022 rka
FINALIZED RECOMMENDED PLAN:
NOVEMBER 18TH 2022
PROPOSED COUNCIL DISTRICTS
District 6
District 5
District 4
District 3
District 2
District 1
2022 Proposed Council Districts
Proposed Annexation
FINALIZED RECOMMENDED PLAN:
NOVEMBER 18TH 2022
PROPOSED COUNCIL DISTRICTS
Voting Precincts
DEMOGRAPHER’S MEMO TRANSMITTING RECOMMENDED
CITY COUNCIL REDISTRICTING PLAN
City of Pasco, Washington
Peter A. Morrison, Ph.D.
Peter A. Morrison & Associates, Inc.
DRAFT – Pending Formal Adoption by City Council**
OCTOBER 27, 2022
This memorandum documents relevant technical features of the Recommended City Council Redistricting
Plan (“the Redistricting Plan”) for the City of Pasco, Washington(“City”). These features are the basis for
my recommendation to adopt the Redistricting Plan as a “least change” six-district election plan, based upon
newly issued 2020 decennial Census data and in accordance with Washington State and federal standards.
Relevant considerations that guided this necessary rebalancing and Council Members’ further suggested
refinements to bring the City’s current plan into compliance with applicable legal standards are summarized
below. This Redistricting Plan rebalances each district’s total population, strengthening Hispanics’ share of
eligible voters in District 2, and maintains adherence to traditional districting criteria. Additionally, the
Redistricting Plan avoids any dilution of Hispanics’ voting strength in compliance with state and federal
requirements.
1. Right to representation. The Redistricting Plan realizes the intention of the City’s elected officials to adopt
a plan that assures the rights to representation of all the people in the City of Pasco.
2. Equipopulous Districts. Six of the City’s Seven Council Members are elected by district. As required by
law, these six districts are substantially equal in total population based upon 2020 Census (PL94-171) summary
population counts. “Substantially equal” means that each district is as close as practically possible to the
mathematical ideal of 12,851 persons in a district(i.e., one-sixth of the City’s 77,108 total population as counted
in 2020).
However, districts need not be exactly equal in total population to be compliant with state and federal law.
Courts allow districting plans with up to a 10-percent total deviation from this ideal. Total Deviation from Ideal
TDI”) is measured as the absolute difference between the most populous district and the least populous
district, divided by the ideal number (12,851). Table 1 below documents adherence to these “guard rails” and
compliance of the Redistricting Plan with the TDI.
Page 530 of 704
2
Table 1. Districts Equalized on Total Population as of 2020
In the Redistricting Plan, the most-populous district (District5) has a population of 13,413 residents, which is
4.37-percent too many. The least-populous district ( District 6) has 12,421 residents, which is 3.35-percent too
few. To calculate the Redistricting Plan’s TDI, the extreme deviations of District 5 and District 6 are combined
4.37 plus 3.35), which total 7.72-percent. Relative to the maximum acceptable TDI (10 percent), the
Redistricting Plan’s 7.72-percent TDI is well-within the acceptable range of “substantial equality” as required
by law.
3. Respecting existing administrative boundaries. Insofar as possible, the Redistricting Plan respects the
current boundaries of city election precincts, to avoid the expense of modifying precincts presently in use.
4. Compliance with State and Federal Redistricting Requirements and Guidelines. RCW 29A.76.010
requires the City to prepare a redistricting plan based upon federal decennial census data. The Redistricting Plan
must also be consistent with the following criteria: (1) each district must be nearly equal in population, (2) as
compact as possible, and (3) consist of a geographically contiguous area; (4) the census population data may
not be used for “purposes of favoring or disfavoring any racial group or political party”1; and (5) as far as
feasible the districts should follow and coincide with natural boundaries and “preserve existing communities of
related and mutual interest.” RCW 29A.76.010. The Redistricting Plan is consistent with all of these criteria as
each new district under the Plan is nearly equal in population, as compact as possible, consists of a
geographically contiguous area, the population data used to form the new districts does not favor one race or
political party, and in forming the Plan all efforts were made to maintain communities of interest while
complying with other criteria and legal requirements and considerations.
Section 2 of the Federal Voting Rights Act prohibits vote dilution, defined as any electoral practice or procedure
that minimizes or cancels out the voting strength of members of racial or language minority groups in the voting
1 This provision does not alleviate the City’s obligations and requirements to comply with Washington’s Voting Rights Act, RCW
29A.92.020, which prohibits any election plan that “impairs the ability of members of a protected class or classes to have an equal
opportunity to elect candidates of their choice as a result of the dilution or abridgement of the rights of voters who are members of a
protected class or classes.”
Page 531 of 704
3
population.2 See pp. 6-10 at: https://www.justice.gov/opa/press-release/file/1429486/download for an
overview of these prohibitions.
The Redistricting Plan complies with both the Washington State and Federal redistricting guidelines. Consistent
with them, the Redistricting Plan respects Hispanics’ ability to elect candidates of choice in three of theCity’s six districts. In District 1 and District 6, Hispanics constitute an estimated 58.6-percent of the 2021citizenvoting-age population (CVAP). In District 2, Hispanics constitute an estimated 51.6-percent of the2021CVAP. The 2021 percentage will increase further with each passing year as native-born Hispanics under
age 18 reach voting age.3
Relevant demographic parameters for the Recommended Plan are shown in Table 2, along with the
corresponding data.
Table 2. Estimated Hispanic Share of Eligible Voters
derived from 2021 American Community Survey estimates)
RECOMMENDED PLAN:
2 This is consistent with Washington’s Voting Rights Act, RCW 29A.92.020.
3 I rely upon the most current official data for distinguishing the City’s voting-age citizen population, in order to gauge Hispanics’
share of all eligible voters. The Census Bureau’s 2021 one-year American Community Survey estimates (furnished for this purpose)
document Hispanic voters’ emerging electoral influence for the City as a whole.
Page 532 of 704
4
Figures 1 & 2. Maps of Recommended Plan
referencing census block geography)
The precise boundaries of each recommended new district visualized above are defined by GIS electronic shape
files, which define the district with reference to census block geography. These shape files have been furnished
to the City’s GIS department as a deliverable. These shape files should be archived as a permanent record of
the census block geography referenced for creating the precise boundaries of the Redistricting Plan as
implemented for holding future elections.
Page 533 of 704
5
Census block geography does not always correspond exactly with city streets. Where minor discrepancies arise,
the City may exercise reasonable discretion in aligning the district boundaries to correspond to actual streets for
purposes of holding elections.
These shapefiles are intended for the City’s use to prepare all necessary high-resolution maps for use in
implementing the Revised Recommended Plan--e.g., to display the district boundaries with reference to
recognized streets, voting precincts, newly-annexed territory, and other features to show eligible voters the
district in which they reside.
Respectfully submitted,
Peter A. Morrison
Peter A. Morrison & Associates, Inc.
October 27, 2022
Page 534 of 704
DEMOGRAPHER’S MEMO TRANSMITTING RECOMMENDED
CITY COUNCIL REDISTRICTING PLAN
City of Pasco, Washington
Peter A. Morrison, Ph.D.
Peter A. Morrison & Associates, Inc.
DRAFT**
NOVEMBER 25, 2022
This memorandum documents relevant technical features of the Recommended City Council Redistricting
Plan (“the Redistricting Plan”) for the City of Pasco, Washington (“City”). These features are the basis for
my recommendation to adopt the Redistricting Plan to the City’s current six-district election plan, based upon
recently issued 2020 decennial Census data and in accordance with Washington State statutory requirements
and federal standards.
Summarized below are the relevant considerations that guided this necessary rebalancing and reallocation of
the City’s voting population to bring the City’s Council District plan into compliance with applicable legal
standards upon ratification and adoption. The Redistricting Plan rebalances each district’s total population,
strengthens Hispanics’ share of eligible voters in District 2, and maintains adherence to traditional districting
criteria. Additionally, the Redistricting Plan avoids any dilution of Hispanics’ voting strength, in compliance
with state and federal requirements.
Requirements for Demographer’s Consideration During Redistricting
1. Right to representation. The Redistricting Plan realizes the intention of the City’s elected officials to
adopt a plan that assures the rights to representation of all the people in the City of Pasco.
2. Equi-populous Districts. Six of the City’s seven Council Members are elected by district. As required by
law, these six districts are substantially equal in total population based upon 2020 Census (PL94-171)
summary population counts. “Substantially equal” means that each district is as close as practically possible
to the mathematical ideal of 12,851 persons in a district (i.e., one-sixth of the City’s 77,108 total population
as counted in 2020).
However, districts need not be exactly equal in total population to be compliant with state and federal law.
Courts allow districting plans with up to a 10-percent total deviation from this ideal. Total Deviation from
Ideal (“TDI”) is measured as the absolute difference between the most populous district and the least populous
district, divided by the ideal number (12,851). Table 1 below documents adherence to these “guard rails” and
compliance of the Redistricting Plan with the TDI.
Page 535 of 704
2
Table 1. Districts Equalized on Total Population as of 2020
In the Redistricting Plan, the most-populous district (District 5) has a population of 13,413 residents, or 4.37-
percent too many. The least-populous district (District 6) has 12,421 residents, or 3.35-percent too few.
Calculating the Redistricting Plan’s TDI, the extreme deviations of District 5 and District 6 are combined
4.37 plus 3.35), totaling 7.72-percent. Relative to the maximum acceptable TDI (10 percent), the
Redistricting Plan’s 7.72-percent TDI is within the acceptable range of “substantial equality” accepted under
the law.
3. Respecting existing administrative boundaries. Insofar as possible, the Redistricting Plan respects the
boundaries of the election precincts (EPs) that the City has been using, thereby avoiding the expense of
modifying precincts presently in use. However, some precinct boundaries require adjustment to comply with
state and federal requirements for population distribution among the precincts and to comply with state and
federal Voting Rights Acts. See Appendix A below for relevant technical details.
4. Compliance with State and Federal Redistricting Requirements and Guidelines. RCW 29A.76.010
requires the City to prepare a redistricting plan based upon federal decennial census data. The Redistricting
Plan must also be consistent with the following criteria: (1) each district must be nearly equal in population;
2) each district must be as compact as possible; (3) each district must be consist of a geographically
contiguous area; (4) the census population data may not be used for “purposes of favoring or disfavoring any
racial group or political party”1; and (5) as far as feasible, the districts should follow and coincide with natural
boundaries and “preserve existing communities of related and mutual interest.” RCW 29A.76.010.
The Redistricting Plan is consistent with all these criteria. Each new district under the Plan is nearly equal in
population, as compact as possible, consists of a geographically contiguous area, the population data used to
1 This provision does not alleviate the City’s obligations and requirements to comply with Washington’s Voting Rights Act, RCW
29A.92.020, which prohibits any election plan that “impairs the ability of members of a protected class or classes to have an equal
opportunity to elect candidates of their choice as a result of the dilution or abridgement of the rights of voters who are members of a
protected class or classes.”
Distr ict
Total
Population
all ages)
Total
Voting-age
Population
Hispanic
Population
all ages)
Hispanic
Voting-age
Population
Hispanic
of Voting-age
Population
1 12 ,643 8 ,263 10 ,180 6 ,302 76 .3 %
2 12 ,735 8 ,580 9 ,247 5 ,761 67 .1 %
3 13 ,255 9 ,024 4 ,994 2 ,997 33 .2 %
4 12 ,641 8 ,523 5 ,099 3 ,020 35 .4 %
5 13 ,413 9 ,333 4 ,785 2 ,895 31 .0 %
6 12 ,421 8 ,311 10 ,045 6 ,339 76 .3 %
Total 77 ,108 52 ,034 44 ,350 27,314 52 .5 %
Data as of11/23/22. Pending final quality assurance verificat ion.
95 %12 ,208
Ide al 12 ,851
105 %13 ,494
2020 Tot Pop Guar drails
Page 536 of 704
3
form the new districts does not favor one race or political party, and in forming the Plan all efforts were made
to maintain communities of interest while complying with other criteria and legal requirements and
considerations.
Section 2 of the Federal Voting Rights Act prohibits vote dilution, defined as any electoral practice or
procedure that minimizes or cancels out the voting strength of members of racial or language minority groups
in the voting population.2 See pp. 6-10 at: https://www.justice.gov/opa/press-release/file/1429486/download
for an overview of these prohibitions.
The Redistricting Plan complies with both the Washington State and Federal redistricting requirements and
guidelines. Consistent with them, the Redistricting Plan respects Hispanics’ ability to elect candidates of
choice in three of the City’s six districts. As documented in Table 1 above:
Hispanics constitute 76.3% of the voting-age population of Districts #1 and #6, enumerated as of April
1, 2020.
Hispanics constitute 67.1% of the voting-age population of District 2, enumerated as of April 1, 2020.
These percentages are based upon complete counts of all persons ages 18 and older (both citizens and
noncitizens).
As of late 2022, demographers can now rely upon the Census Bureau’s latest (2021) one-year American
Community Survey (ACS) data to estimate Hispanics’ corresponding share of the citizen voting-age
population (CVAP). (CVAP numbers cannot be used to formulate the Redistricting Plan itself, but serve as
a barometer for evaluating future trends to consider.) These current ACS estimates are furnished specifically
for the purpose of gauging a protected group’s potential ability to elect candidates of their choice in a
proposed single-member district.
In Table 2 below, I have derived estimates of the CVAP as of 2021 for the City of Pasco as a whole and for
Council Districts #1, #2, and #6:
For the City as a whole, Hispanics constitute an estimated 37.9% of the CVAP as of 2021. The
corresponding percentage as of 2010 was 31.1%.3 This documents Hispanics’ emerging electoral
influence over time within the entire City. Looking ahead, I am confident that this percentage will
continue to increase with each passing year, as native-born Hispanics under age 18 reach voting age.
As of 2021, Hispanics constitute an estimated 58.6% of the CVAP of Districts #1 and #6.
As of 2021, Hispanics constitute an estimated 51.6% of the CVAP of District 2.
Relevant CVAP estimates for the Recommended Plan are shown in Table 2, along with the corresponding
data upon which these district estimates are based.
2 This is consistent with Washington’s Voting Rights Act, RCW 29A.92.020.
3 See: Morrison & Associates, “Pasco City Council Districts - Memo for the Record 03-19-2014”, in Appendix B below.
Page 537 of 704
4
Table 2. Estimated Hispanic Share of Eligible Voters as of 2021
based upon 2021 American Community Survey estimates)
I undertook an evaluation of impending annexations of two large unincorporated “islands” of territories
situated wholly within the City. Upon the future annexation of either “island,” this Redistricting Plan retains
the option for the City to attach either or both “islands” to an existing district without diluting Hispanics’ share
of eligible voters in District 1, District 2, or District 6.
Measure
18+
Total
18+
Citizens Citizens
18+
Total
18+
Citizens Citizens
18+
Total
18+
Citizens Citizens
City Total
2021 ACS est.)
56,864 45,322 79.7%28,032 17,167 61.2%28,832 28,155 97.7%37 .9 %
D1 (est.)8,263 6,586 79.7%6,302 3,859 61.2%1,961 58.6%
D2 (est.)8,580 6,838 79.7%5,761 3,528 61.2%2,819 51.6%
D3 (est.)8,622 6,872 79.7%2,832 1,734 61.2%5,790 25.2%
D4 (est.)8,925 7,113 79.7%3,185 1,951 61.2%5,740 27.4%
D5 (est.)9,333 7,439 79.7%2,895 1,773 61.2%6,438 23.8%
D6 (est.)8,311 6,624 79.7%6,339 3,882 61.2%1,972 58.6%
City Total
2020 Census count)
52 ,034 41,472 79 .7 %27 ,314 16 ,727 61.2%24,720 24,745 97 .7 %40 .3 %
Sourc es: City tot als from 2021 Ameri can Communi ty Survey 1-year esti mates (accessed at Censusreporter.org) and 2020 Census
PL9 4 -171 counts. Estimates for distric ts are benchmarked to 2020 decennial count s of total 18+ population (bottom row).
Hispanics' Indicated Share of Eligible Voters (CVAP ) as of 2021
All persons 18 + (Table B05003)Hispanic 18+ (Table B05003I)Non-Hisp. 18+ (by subtraction)Hispanics'
2021 share
of CVAP
Page 538 of 704
5
Figure 1. Map of Recommended Redistricting Plan
referencing current 2020 census block geography)
The precise boundaries of each recommended new district visualized above are defined by GIS electronic
shape files, which define the district with reference to census block geography. These shape files have been
furnished to the City’s GIS department as a deliverable. These shape files should be archived as a permanent
record of the census block geography referenced for creating the precise boundaries of the Redistricting Plan
as implemented for holding future elections.
Page 539 of 704
6
Census block geography (shown in Fig. 1 above) does not always match city streets. Where minor
discrepancies arise, the City may exercise reasonable discretion in aligning an election district’s boundaries
to correspond to actual streets for purposes of holding an election.
These shapefiles are intended for the City’s use to prepare all necessary high-resolution maps for public
distribution and use in implementing the Recommended Redistricting Plan. I recommend maps that display
the boundaries of each individual Election District, reference recognized streets, voting precincts, territory
annexed since April 1, 2020 as well as other features, to clearer show members of the public the Council
District in which they reside.
Page 540 of 704
7
APPENDIX A
FINAL ADJUSTMENTS MADE TO ACCOMMODATE EXISTING VOTING PRECINCTS
This technical appendix documents the further adjustments that I recommend be incorporated in my “Finalized
Recommended Plan: November 11, 2022” in order to accommodate the existing voting precincts the City now
uses. These further adjustments were emailed to Richard Allen late November 11 (PST), to meet a necessary
deadline imposed on the completion of these adjustments and creation of maps for immediate public distribution.
Election precincts (EPs) are generally deemed to be administrative districts and exist for the purpose of holding
elections; their boundaries are not sacrosanct. As a city’s population increases and/or becomes more heavily
concentrated in certain areas over time, election administrators may find it necessary to realign EP boundaries
to rebalance the actual and/or anticipated numbers of voters expected to appear and vote at a particular physical
location.
For this Redistricting Plan, the City’s six single-member election districts (EDs) for the City of Pasco have been
drawn precisely to meet Federal and State legal standards. Where possible, we have worked to eliminate “splits”
of EPs where possible and alignment with legal requirements can still be met. Thus, I recommend that EPs be
realigned where necessary , to assure that EP boundaries exactly match the boundaries of the six EDs to be
adopted—ED boundaries should not be realigned to match current EP boundaries.
The rationale supporting the realignment of these handful of EP boundaries ensures that the City is insulated
from challenges under the VRA. Any further revisions of ED boundaries for any reason must be scrutinized to
assure that the proposed revision would not dilute Hispanics’ ability to elect preferred candidates, either directly
or indirectly, in D1, D2, and D6. Various proposed and/or ratified annexations after April 1, 2020 and presently
at various stages of ratification conceivably could have an indirect effect of diluting Hispanics’ ability to elect
their preferred candidates in the majority-minority districts, and should be evaluated for those effects.
In response to public comment, I scrutinized the established EPs that the City presently uses. The boundaries of
the EPs are precisely defined by GIS shapefiles (“electronic maps”) which show the exact geographic boundary
of each EP. My latest inquiries have established that (i) the City’s EP shapefiles which are being overlaid upon
maps displaying my recommended EDs were obtained from Franklin County; and (ii) these legacy County
shapefiles may not precisely match the US Census Bureau’s newly revised census block maps, which I must use
to draw the boundaries of each ED. For that reason, the geographic boundaries of some EPs may not precisely
match the 2020 decennial census block geography used to define each individual ED.
I discovered discrepancies between the Census Bureau’s 2020 geographic boundary of an EP (as of April 1,
2020) and the apparently outdated geography of that EP (acquired from Franklin County). Given such
discrepancies, I maintained the ED boundaries as drawn and adjusted EP boundaries where necessary to achieve
as perfect a match as possible. Any necessary adjustments to EP boundaries can be made prior to conducting
future elections under the City’s adopted Redistricting Plan which resolves the public concerns voiced about
EPs that initially appeared to be split or strangely configured. In short, some EPs will necessarily have to be
realigned to facilitate conducting forthcoming elections; ED boundaries, by contrast, must remain intact absent
compelling rationale that would meet legal and constitutional challenges. Counsel can offer any further advice
that may be necessary.
One possible exception deserves consideration—where, as of late-2022, some portion of an ED boundary no
longer matches a publicly-recognizable street, road, or other obvious natural boundary feature that can
distinguish who resides within versus outside that ED. As real estate properties develop and change over time,
Page 541 of 704
8
the boundaries of a particular decennial “census block” may no longer suit that purpose. What once was a
publicly recognizable feature disappears (i.e., is rendered obscure to the human eye).
Likewise, the boundaries of a EP may become unworkable for practical reasons. The physical address to which
voters are directed might have to change to a nearby address situated perhaps one city block outside of the EP.
In such circumstances, the City’s administrator of elections may justifiably exercise reasonable administrative
discretion in conducting an election at a nearby physical location technically outside the EP. Still, the residents
of adjacent districts would necessarily cast votes as residents of their respective EDs, even if the physical address
at which they vote happens to be situated outside their ED of residence.
I reviewed each EP where boundaries were called into question by members of the City Council or the public
during comment. My narrative below describes the concern(s) raised, the issue(s) posed, and the practical
solution(s) recommended. The intent of the below is to provide transparency, address and resolve any confusion,
and facilitate prompt adoption of the Recommended Plan as now finalized.
VOTING PRECINCT(S) MODIFIED (FROM ORIGINAL) AS FOLLOWS
EP #39 & EP #46 Change the color the one yellow census block (currently appearing as part of the all-yellow
ED3 on the former map) to color green, to show this one block as now part of ED4 and
EP46. This will retain the existing boundary between EP46 and EP39 in ED3 and ED4. This
change will not affect the redistricted plan’s overall total population balance and has no effect
on any of the 3 Hispanic majority-CVAP districts.
EP #102 The precinct split here is necessary to maintain proper demographics balance for ED3 as a
whole. To do so, make all of EP #102 part of yellow ED3, including the tiny blue block that
appears to divide the narrow yellow strip above the “40” label.
EP #3 The purple portion of EP #003 must become part of the EP #004, so that its population will
be entirely within ED6.
EP #36 Maintain this precinct split as shown. The single “blue” block (shown on the former map)
must remain part of (blue) ED5. This is necessary to avoid slightly diluting Hispanics’ voting
strength in (tan) ED2.
EP #48 This tan and blue precinct is situated at the lower left of the map. There is no population in
the blue lower half of the precinct. (The split here was introduced to accommodate the
wishes of an incumbent council member.)
EP #49 This blue and tan precinct was split to accommodate the wishes of an incumbent council
member.
EP #46 & #51 The vertical black boundary between these two precincts are rendered “no longer viable” by
other redistricting priorities. I recommend displaying this vertical black boundary as a dashed
line, perhaps in red, to indicate that this dashed line must be revised as the new boundary
separating #46 and #51 before conducting an election. Specifically, it will be necessary to
situate it so as to aligns exactly with where the green #46 ends and the blue #51 begins. That
adjustment will redefine the exact geography of each precinct, to assure that all residents of
46 are within ED4 and all residents of #51 are within ED5.
Page 542 of 704
9
VOTING PRECINCT(S) MODIFIED (FROM ORIGINAL) AS FOLLOWS
EP #46 Note the single yellow block (at about 3 o’clock). I recommend changing the color of this
block from yellow to green, so that any residents of the block appear as residents of ED4
instead of ED3). The voting precinct boundary can remain exactly as it is now, since the
minimal change in Total Population is of no consequence.
EP #106 The red portion must remain part of ED1; the tan portion must become part of EP003 so that
its population will be entirely within ED2
Page 543 of 704
10
APPENDIX B
CITIZEN VOTING-AGE DATA TABLE SUPPORTING
CITY OF PASCO ADOPTED PLAN 3A
Source: Data table accompanying my Adopted Plan 3a, in Morrison & Associates,
Pasco City Council Districts Memo for the Record 03-19-2014”
Respectfully submitted,
Peter A. Morrison
Peter A. Morrison & Associates, Inc.
November 25, 2022
Total (all
groups) Hispanic Hispanic
1 13,948 2.91% 3,982 2,415 60.6%
212,9074.77% 4,741 2,465 52.0%
3 13,709 1.14% 5,773 1,363 23.6%
4 13,647 0.69% 7,168 1,488 20.8%
5 13,559 0.04% 7,026 1,186 16.9%
Citywide 67,770 28,690 8,917 31.1%
Ideal (1/5):13,554 +7.68%
Sources: State of Washington, Office of Financial Management, official April 1, 2014
population estimate. US Census Bureau, 2008 2012 American Community Survey, Tables
B05003 (adjusted for annexations).
Adopted Plan 3a
City
Council
District
Total
Population
2014)
Deviation
From Ideal
Citizen Voting age Population
2008 12)
Page 544 of 704
AGENDA REPORT
FOR: City Council December 1, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Resolution No. 4291 - Downtown Pasco Development Authority (DPDA)
2023 Funding Request
I. REFERENCE(S):
Resolution with Exhibit "A" - DPDA 2023 Funding Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4291, authorizing the City Manager
to execute the 2023 Funding Agreement with the Downtown Pasco Development
Authority.
III. FISCAL IMPACT:
The Downtown Pasco Development Authority (DPDA) Board is proposing
60,000 per quarter, totaling $240,000 in 2023. The 2021 Funding Agreement
was for $100,000. A percentage of the City's contribution is credited towards the
City's Utility Tax payment to Washington State one year past the current year
contribution. Currently, that credit is approximately 75% of the current annual
level of direct financial support up to a maximum credit of $160,000 per year.
IV. HISTORY AND FACTS BRIEF:
In the past, this funding agreement has secured up to $100,000 for the DPDA’s
general fund. The expired funding agreement for 2021 is attached as a
reference. There was not a funding agreement proposed or submitted in 2022,
in part due to COVID-19 pandemic and its impact, and the lack of an executive
director at that time.
As part of the proposed 2023 Funding Agreement, the Community & Economic
Development (CED) staff has asked for a revised list of activities the DPDA will
be engaged in the 2023 calendar year, including the DPDA work plan, events,
efforts to leverage the newly renovated Farmers Market and Peanuts Park,
participation in the Downtown Master Planning process and the status of the
Page 545 of 704
executive director position. That revised list of activities was to form the basis for
2023 funding agreement between the DPDA and the City.
V. DISCUSSION:
Executive Director Martinez presented the DPDA Funding Agreement at the
November 28, 2022, Council Workshop. There were many questions on why the
funding request amount was $240,000 when prior years amount was $100,000.
At this time, a specific funding amount has not been determined for fiscal year
2023. Council is asked to select a funding option at the requested amount, or
prior amount of $100,000 annually, or other amount.
Page 546 of 704
Resolution – 2023 DPDA Funding Agreement - 1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE 2023
FUNDING AGREEMENT WITH THE DOWNTOWN PASCO
DEVELOPMENT AUTHORITY.
WHEREAS, the Pasco City Council established the Downtown Pasco Development
Authority (DPDA) by Ordinance No. 3985, on December 20, 2010, for the purpose of revitalizing
the downtown City core making it a strong and vibrant core for economic stability within the
community and that provides a source of services to the Pasco citizens, as well as the greater Tri-
Cities area; and
WHEREAS, since that time, the City of Pasco has supported the DPDA in a variety of
ways, through lease agreements of City-owned property, grants such as the Community
Development Block Grant (CDBG), and direct financial support through formal funding
agreements since 2012; and
WHEREAS, the Funding Agreement includes the City’s expectations of the DPDA, which
includes but is not limited to annual work plans and budgets, as well as annual reports to the City
Council reporting their accomplishments for the year and goals for the following year; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into a 2023
Funding Agreement with the DPDA for the services, benefiting the downtown businesses located
in Pasco, as well as providing economic development within Pasco, as detailed in the Funding
Agreement, attached hereto, and incorporated herein as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO RESOLVE AS FOLLOWS:
That the City Council of the City of Pasco approves the terms and conditions of the Funding
Agreement with the DPDA, as attached hereto and incorporated herein as Exhibit A.
Be It Further Resolved that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to execute said Agreement on behalf of the City of
Pasco; and to make minor substantive changes as necessary to execute the Agreement.
Page 547 of 704
Resolution – 2023 DPDA Funding Agreement - 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 548 of 704
DPDA 2023 Funding Agreement - 1
DOWNTOWN PASCO DEVELOPMENT AUTHORITY
2023 FUNDING AGREEMENT
THIS AGREEMENT is made and entered into this ____ day ______________ of
2023, by and between the City of Pasco, Washington, a Municipal
Corporation, hereinafter referred to as “City,” and the Downtown Pasco Development Authority,
a non-profit Washington Corporation, hereinafter referred to as “DPDA.”
WHEREAS, the City Council desires to foster revitalization of the downtown business
area and created the Downtown Pasco Development Authority (DPDA) in December 2010 under
Ordinance No. 3985, with the expectation of providing funding commitments to permit the new
agency to establish operations and demonstrate its ability to fulfill the revitalization goals
enunciated in Ordinance No. 3985 and the DPDA Charter; and
WHEREAS, DPDA has received a certificate of incorporation from the State of
Washington as a non-profit corporation; and
WHEREAS, DPDA has organized and developed operating procedures, hired an
executive director, reinitiated public events in Downtown Pasco (Cinco de Mayo and the Fiery
Foods Festival), undertaken management of the Pasco Farmers Market and Pasco Commercial
Kitchen, became a 501(c) (3) organization, became a certified Washington State Main Street
organization, conducted several business education classes and Downtown clean-up events, and
participated in the development of a Peanuts Park and Pasco Farmers Market refurbishment, and
website revisions and “branding;” and
WHEREAS, DPDA has requested that City funding be made available to develop
resources to eventually reduce the amount of the City subsidy.
NOW THEREFORE, IN CONSIDERATION of the mutual covenants contained herein
and other valuable consideration, it is agreed as follows:
Section 1: DPDA Responsibilities
The DPDA shall conduct its activities and efforts that further the purpose of the DPDA as
identified in Pasco Ordinance 3985 and Article IV of its Charter to include but not be
limited to:
Review of City plans and policies. The DPDA shall review existing and evolving City
landuse and capital improvement plans and policies affecting the Downtown Area and
advise the city of appropriate considerations. In 2023, this task includes the continuation
of specific collaboration and outreach efforts with the City regarding communication,
preparation and analysis efforts for a Downtown Master Plan.
Page 549 of 704
DPDA 2023 Funding Agreement - 2
Promotional Events. The DPDA should conduct or implement an additional
promotional or special event in addition to Cinco de Mayo and the Fiery Foods Festival
that contributeto the success of the Downtown Area or otherwise advance the goals of
the DPDA.
Financing Strategy. In collaboration with City staff and/or other profess ionals, the
DPDA will develop a comprehensive inventory of public and private capital and
development financing tools and incentives that may be available to foster and support
its revitalization efforts. These should include tax credits or other incentives and
identification of infrastructure and other public capital investments that may be
necessary to support privateredevelopment projects.
Marketing. The DPDA shall develop a strategy to identify and promote economic
vitality of the Downtown Area including the opportunities associated with the Farmer’s
Market and Specialty Kitchen. The DPDA should develop strategies that facilitate
transition of restaurants to brick and mortar facilities. These strategies may include:
creation of a Downtown Calendar, quarterly business meetings for Downtown
businesses, restaurant recruitment for vacant oravailable properties and other similar
activities, develop and promote video and radio media that can be deployed
commercially or on social media.
Farmer’s Market and Pasco Specialty Kitchen. The DPDA shall optimize the
opportunities associated with the Farmer’s Market and Specialty Kitchen to increase
economic activity and promote recognition of the Downtown. Operation of these
facilities must be in accordance with the associated lease agreement.
In support of the above responsibilities as well as additional goals, the DPDA tasks for
2023 include:
Participate and lead the process for reorganizing the DPDA;
Implement a secure online database/knowledge management system;
Continue efforts to train staff and board members on Open Public Meetings Act, Public
Records Act, and retain a Certified Public Records Officer;
Build out Design, Economic Vitality, Outreach, and Promotion committees in
accordance to Washington Main Street;
Develop a fundraising strategy and plan for the Main Street Tax Incentive Program;
Execute actions in the Downtown Master Plan in collaboration with City of Pasco
Organize quarterly downtown business and property owner meetings;
Organize, finance and manage Cinco De Mayo Festival;
Organize, finance and manage Fiery Foods Festival;
Organize and manage the Pasco Farmers Market each Saturday from May through
October;
Manage the operations of the Pasco Specialty Kitchen;
Page 550 of 704
DPDA 2023 Funding Agreement - 3
Provide a scholarship grant program consistent with the DPDA’s 501(c)(3) status,
Continue recruitment for vacant downtown business space in combination with the
building owners;
Create and maintain a Downtown Property Inventory;
Business assistance, recruitment, development, and engagement activities; and
Reports: The DPDA shall present monthly report during City Council workshops on
Farmers Market programming, downtown economic development activities and PSK client
status. A formal presentation to the City Council by the DPDA board shall be given on or
before December 1 each year. The DPDA shall deliver quarterly written status and
financial reports to the Pasco City Manager along with informal quarterly updates
presented to the Pasco City Council detailing the activities, accomplishments, and financial
status of the DPDA.
Section 2: City Responsibilities
The City of Pasco will remit to DPDA or its designated bank:
Check one:
Option A: $60,000 per quarter by the 10th day of the first month of said quarter
as provided under this Agreement, but not to exceed a total of $240,000 without
prior written authorization by the City; or
Option B: $25,000 per quarter by the 10th day of the first month of said quarter
as provided under this Agreement, but not to exceed a total of $100,000 without
prior written authorization by the City; or
Option C: Fixed Lump Sum: A total of $ ____________________ by the 10th
day of the first month of the term of this Agreement.
Option D:
Other: ______________________________________________________
Section 3: Joint Responsibilities
Financial Oversight/Audit: As a condition of funding, Downtown Pasco Development
Authority (DPDA) staff and City of Pasco finance staff will meet to review DPDA financial
processing and internal control procedures. The purpose of this process and reporting audit
at DPDA site is to establish mechanisms that provide sound financial activity tracking and
documentation, security of funds and a framework of internal controls for stewardship of
City of Pasco funding. As part of this review, it may be deemed necessary to make changes
to DPDA policy and procedure. Upon the provision of funding support to DPDA, recurring
meetings to review fiscal operations, financial reporting and supporting documentation will
Page 551 of 704
DPDA 2023 Funding Agreement - 4
be held. It is anticipated that meetings will be weekly, bi-weekly and/or monthly. Upon
establishment and successful audit of a sound, consistently followed process meetings may
be less frequent, moving from weekly to monthly. In no circumstance, will reporting be
provided to the City of Pasco Finance Department less than monthly.
Section 4: Term
This agreement shall be effective____________________________, 202____, and shall
expire on December 31, 2023; provided, however, either party may terminate the agreement
with at least 180 days written noticedelivered to the President of the DPDA or the Pasco
City Manager. It is further provided that this agreement is predicated on the DPDA
maintaining its Main Street status for calendar year 2023, and the City’s contribution, as
described in Section 2, is deemed eligible for Main Street tax credits by the State Department
of Revenue. Should the DPDA become ineligible for Main Street tax credits, this
Agreement may be returned to the Pasco City Council for determining its continuation.
The agreement may be extended up to 12 additional months, by mutual agreement of the
parties, subject to budget authority of the City Manager.
Section 5: General Provisions
For the purpose of this Agreement, time is of the essence. Failure of the DPDA to either
provide the accounting or remit disallowed funds as required herein shall constitute a
breach of this agreement. The remedies available to the City shall include but not be limited
to, return of allfunds delivered to the DPDA and denial of the right of the DPDA to apply
for any future funding. In the event of a dispute regarding the enforcement, breach, default
or interpretation of this Agreement, the parties shall first meet in a good faith effort to
resolve such dispute. In the event the dispute cannot be resolved by agreement of the
parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended,
and the Mandatory Arbitration Rules (MAR); 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.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
this _____ day of _____________________, 202___.
CITY OF PASCO, WASHINGTON DOWNTOWN PASCO
DEVELOPMENTAUTHORITY
Adam Lincoln, Interim City Manager Gabriel Portugal, President
Page 552 of 704
AGENDA REPORT
FOR: City Council November 29, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Q Ordinance No. 4615 - Approval of Road 40 LLC Rezone from I-1 to I-2
Z 2022-009)
I. REFERENCE(S):
Proposed Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: September 14, 2022
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4615, approving a rezone for a
property on the west side of Road 40 East, south of "A" Street from I -1 (Light
Industrial) to I-2 (Medium Industrial) and further, authorize publication by
summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On September 14, 2022, the Hearing Examiner held a public hearing to consider
a request to rezone a property located along the west side of Road 40 East
Parcel No. 112540082), from I-1 (Light Industrial) to I-2 (Medium Industrial).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone.
No appeals of this recommendation were received, however Council discussion
of the rezone in October resulted in the conduct of a closed record hearing on
November 28, 2022.
Page 553 of 704
V. DISCUSSION:
Applicant has applied to change the zoning designation of a 70.79-acre parcel
along the west side of Road 40 East, from I-1 (Light Industrial) to I-2 (Medium
Industrial) to match the adjacent northern parcel as both parcels are planned to
be part of the same future development.
Future site development of the two parcels, totaling 111 acres, is likely to consist
of a 2,150,280-square-foot Industrial Park.
The proposed 1-2 rezoning would be consistent with the existing zoning located
adjacent to the north and west. Current uses in the vicinity include undeveloped/
vacant property to the north and west, a mobile home park to the southeast and
warehousing to the northeast.
Staff recommends Council concurrence with the Hearing Examiner's
recommendation and adoption of the proposed rezone ordinance.
Page 554 of 704
Ordinance Road 40 LLC Rezone (Z 2022-009) –- 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
ORDINANCE NO. _______
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LYING NORTH OF NORTHEASTERLY RIGHT
OF WAY LINE OF SPOKANE, PORTLAND & SEATTLE RAILWAY
COMPANY ALONG THE WEST SIDE OF ROAD 40 EAST.
WHEREAS, Nicole Stickney/AHBL, acting on behalf of Petitioner, Pasco Road 40 LLC,
seeks to rezone Parcel No. 112540082, located along the west side of Road 40 East, Pasco,
Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City
and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted
by the Pasco Hearing Examiner upon such petition on September 14, 2022; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposal is consistent with and
satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to
approve the rezone, which findings and recommendation are hereby adopted by the City Council,
and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from I-1
Page 555 of 704
Ordinance Road 40 LLC Rezone (Z 2022-009) –- 2
Light Industrial) to I-2 (Medium Industrial) for the real property as shown in the Exhibit B
attached hereto and described as follows:
That portion of the South Half of the southwest quarter and the south half of the
north half of southwest quarter of Section 34, Township 9 North, Range 30 East,
W.M., lying north of northeasterly right of way line of Spokane, Portland & Seattle
Railway Company, EXCEPT that portion thereof conveyed to Northern Pacific
Railway Company by deed recorded in Volume 46 of Deeds page 246, and
EXCEPT portion to City of Pasco (Parcel 112540082)
Comprising approximately 70.79 acres, more or less.
Section 2. This Ordinance shall take full force and effect five (5) days after approval,
passage and publications required by law.
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
Published: _____________________________
Page 556 of 704
CITY OF PASCO HEARINGEXAMINER
INTHE MATTER OF ) RECOMMENDED FINDINGSOF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-009
Nicole Stickney/ AHBL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
September 14, 2022, the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as
follows:
I.RECOMMENDED FINDINGSOF FACT
1.PROPERTY/ APPLICATION DESCRIPTION:
1.1
1.2
1.3
1.4
1.5
Legal: All that portion of the South Half of the southwest quarter and the south half
of the north half ofsouthwest quarter of Section 34, Township 9 North, Range 30
East, W.M., lying north ofnortheasterly right of way line of Spokane, Portland &
Seattle Railway Company, EXCEPT that portion thereof conveyed to Northern
Pacific Railway Company by deed recorded in Volume 46 ofDeeds page 246, and
EXCEPT portion to City of Pasco (Parcel 112540082).
General Location: Said property is situated along the west side of Road 40 East,
Pasco, Franklin County, WA 99301.
Property Size: Approximately 70.79 acres (3,083,612.4 square feet).
Applicant: Nicole Stickney/AHBL, 5804 Rd 90 Suite H, Pasco WA 99301.
Request: Rezone Parcel 112540082 fromI-1 (Light Industrial) to I-2 (Medium
Industrial).
2.ACCESS: The parcel has access fromRoad 40 East.
3.UTILITIES: Municipal water and sewer are available in Road 40 East.
4.LAND USE AND ZONING: The lot is zoned I-1 (Light Industrial) and is vacant.
Surrounding properties are zoned and developed as follows:
North: I-2 Vacant
East: RP Lakeview Manufactured Home Park
South: I-3 BNSF Railroad
West: I-2 Vacant
5.COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for
Industrial development. According to the Comprehensive Plan, the Industrial designation
allows forManufacturing, foodprocessing, storage and wholesale distribution of equipment
Z 2022 009
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Page 557 of 704
and products, hazardous material storage, and transportation-related facilities. Zoning may
include I-1, I-2 and I-3. LU-2-A Policy: Maintain sufficientland designated to accommodate
residential, commercial, industrial, educational, public facility, and open-space uses
proximate to appropriate transportation and utility infrastructure. LU-2-D Policy: Encourage
the use of buffersor transitionzones between non-compatible land uses. LU-6-E Policy:
Support the Growth Management Act's goal to encourage growth, including industrial
growth, in urban areas. ED-2-B Policy: Encourage development ofa wide range of
commercial and industrial uses strategically located near major transportation corridors or
facilities and in close proximity to existing or proposed utility infrastructurewhile supporting
local and regional needs. ED-2-C Policy: Continue to pursue the development ofexisting
industrially zoned properties that may be serviced by existing or planned utilities. ED-3-A
Policy: Enhance compatibility ofcommercial and industrial development with residential and
mixed-use neighborhoods with appropriate landscaping, screening, building and designstandards.
6.ENVIRONMENTAL DETERMINATION: The City ofPasco is the lead agency forthis
project. Based on the SEPA checklist (SEPA 2020-076), the adopted CityComprehensive
Plan, City development regulations, and other information, a threshold determination
resulting in a Mitigated Determination ofNon-Significance (MDNS) was issued forthis
projecton September 15, 2022 under WAC 197-11-340(2). This DNS has not been appealed.
7.REQUEST: Nicole Stickney/ AHBL, on behalf ofPasco Road 40 LLC, has applied to change
the zoning designation of a 70. 79-acre parcel along the west side of Road 40 East, from I-1
Light Industrial) to I-2 (Medium Industrial) to match the adjacent northern parcel
112540019), as the parcels are planned to be part of the same futuredevelopment. Future site
development of the two parcels, totaling 111 acres, would consist of access drives and
parking lots for a 2,150,280-square-foot Industrial Park. The project would include mass
grading, roadway construction, stormwater management, and utility extensions to develop
and serve the project. The proposed I-2 zoning would be consistent with the existing zoning
located adjacent to the north and west. Current uses in the vicinity include undeveloped/
vacant property to the north and west, agricultural uses to the northeast, and a mobile home
park to the southeast
8.SITE: The site comprises approximately 70.79 acres (3,083,612.4 square feet) and has been
vacant for several years. The Comprehensive Plan designates the lot "Industrial." The
Industrial" designation allows for I-1, I-2, and I-3 zoning and may be developed with
Industrial uses.
9.HISTORY: The site was annexed into the Cityin 1979 and assigned RMH-2 (Mobile Home
Park) zoning in conjunction with the annexation (Ordinance #2042). The site was rezoned
fromRMH-2 to I-1 (Light Industrial) in 1992 (Ordinance 2863), and has not been rezoned
since. Amazon Inc. has been developing two million-square-foot distribution centers on
parcels to the north and northeast, which were initially codenamed "Project Pearl" and
Project Oyster." In addition, a special permit for a Pasco School District preschool was
approved near the south entrance ofthe proposed development.
1O. REZONE CRITERIA: The initial review criteria forconsidering a rezone application are
explained in PMC 25.88.030. The criteria are listed below as follows:
10.1 The date the existing zone became effective:
Z 2022 009
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Page 2 of6
Page 558 of 704
Page 559 of 704
10.4.3 "The I-2 medium industrial district is established to provide areas for
necessary industrial and related uses that could create problems of
compatibility with other land uses. Uses in this district have the potential to
generate high levels of noise, light, odor, fumes or smoke that require their
protection from encroachment by incompatible land uses." (PMC
25.120.010)
10.4.4 The proposed rezone to I-2 will match the zoning of the adjacent parcels to
the north and west and accommodates less intensive industrial uses compared
to those allowed on the parcels to the south which are zoned I-3.
10.5 The effecton the property owner or owners ifthe request is not granted:
10.5.1 As the proposed development involves parcels that have different zoning (I-1
and I-2), the property, in conjunction with the northern property, may not be
able to be developed as proposed if the request was not granted, as this would
create split zoned parcels, something that has historically not been allowed
within the City of Pasco. Therefore, the rezone would be necessary to
harmonize the zoning of the two parcels and allow for the proposed
development.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 The current comprehensive plan land use designation is Industrial and all
surrounding parcels except for the manufactured home park to the east are
also designated as such.
10. 7 Such other information as the Hearing Examiner requires
10. 7 .1 A special permit fora Pasco School District preschool was approved near the
south entrance of the proposed development. The intersection of the project
south driveway and the PSD preschool access point is very dangerous with a
40-mph speed limit, both vertical and horizontal curves, and blind left-hand
exit turns. This intersection needs to be evaluated for trafficsafety mitigation
measures.
1I. Public notice of this hearing was sent to property owners within 300 feetofthe property and
posted in the Tri-City Herald on August 22, 2022.
12.An open record public hearing afterdue legal notice was held September 14, 2022, with the
Planning Department staffand public appearing in person and the Hearing Examiner
appearing via videoconference.
13.Appearing and testifying on behalf of the applicant was Nicole Stickney. Ms. Stickney
testified that she was an agent of the Applicant and property owner and authorized to testify
on their behalf. She indicated that he was in agreement with the representations set forth in
the staffreport, except as follows:
13 .1 She testified there has not been a final SEPA threshold determination;
13 .2 She does not agree that a concomitant agreement is appropriate.
14.No member of the public testified at the hearing.
15.The staffreport, application materials, agency comments and the entire file of record were
admitted into the record.
Z 2022 009
Stickney/ AHBL
Page 4 of 6
Page 560 of 704
16.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II.RECOMMENDEDCONCLUSIONS OF LAW
Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact
from which to draw those conclusions based upon the criteria listed in PMC 25.210.060. The criteria
are as follows:
1.The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The Comprehensive Plan indicates the site is intended for Industrial development.
According to the Comprehensive Plan, the Industrial designation allows for
Manufacturing, foodprocessing, storage and wholesale distribution of equipment and
products, hazardous material storage, and transportation-related facilities. Zoning
may include I-1, I-2 and I-3.
1.2 LU-2-A Policy: Maintain sufficient land designated to accommodate residential,
commercial, industrial, educational, public facility, and open-space uses proximate to
appropriate transportation and utility infrastructure.
1.2.1 A BNSF/Port of Pasco industrial railroad spur line was recently installed
along the northern boundary of the overall site the site.
1.3 LU-2-D Policy: Encourage the use of buffers or transition zones between non-
compatible land uses.
1.3.1 As per PMC 25.180.040(5) Loading and service areas shall not face any
residential zone, unless no other location is possible. Loading and service
areas adjacent to or across a public street or alley from a residentially zoned
district shall be screened with a sight-obscuring structure matching the
architecture of the building.
1.3.2 As per PMC 25.180.040(6)(a)Parking lots that abut a public street shall be
buffered with live vegetation consisting of trees, shrubs and ground cover.
1.4 LU-6-E Policy: Support the Growth Management Act's goal to encourage growth,
including industrial growth, in urban areas.
1.5 ED-2-B Policy: Encourage development of a wide range of commercial and
industrial uses strategically located near major transportation corridors or facilities
and in close proximity to existing or proposed utility infrastructure while supporting
local and regional needs.
1.5 .1 The site has easy access to highway, rail, barge, and air transportation.
1.6 ED-2-C Policy: Continue to pursue the development of existing industrially zoned
properties that may be serviced by existing or planned utilities.
1.6.1 The site is already industrially zoned; the proposal is to expand the range of
industrial uses possible on the site.
1.7 ED-3-A Policy: Enhance compatibility of commercial and industrial development
with residential and mixed-use neighborhoods with appropriate landscaping,
screening, building and design standards.
1.7.1 As per PMC 25.180.040(5) Loading and service areas shall not face any
residential zone, unless no other location is possible. Loading and service
areas adjacent to or across a public street or alley froma residentially zoned
district shall be screened with a sight-obscuring structure matching the
architecture ofthe building:
1.7.2 As per PMC 25.180.040(6)(a)Parking lots that abut a public street shall be
buffered with live vegetation consisting oftrees, shrubs and ground cover.
Z 2022 009
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Page 5 of 6
Page 561 of 704
2.The effect ofthe proposal on the immediate vicinity will not be materially detrimental.
2.1 The Comprehensive Plan designates the property "Industrial." As such, the site may
be zoned I-1, I-2, or I-3.
3.There is merit and value in the proposal for the community as a whole.
3.1 Both I-1, I-2, and I-3 Industrial zoning are consistent with the Comprehensive Plan
Land Use Map and the Goals and Policies as adopted by the Pasco City Council
Ordinance 4537). There is merit in allowing for development which could create
more manufacturing employment opportunities.
4.Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 The site is adjacent an RP (Residential Park) residential district. Conditions to
mitigate any significant adverse impacts fromthe proposal may be appropriate.
4.2 A special permit for a Pasco School District preschool was approved near the south
entrance of the proposed development. The intersection of the project south driveway
and the PSD preschool access point is very dangerous with a 40-mph speed limit,
both vertical and horizontal curves, and blind left-hand exit turns. This intersection
needs to be evaluated for traffic safety mitigation measures. However these issues
must be addressed as part of the site development/permitting process.
5.A Concomitant Agreement should be entered into between the City and the petitioner, and if
so, the terms and conditions of such an agreement.
5 .1 A concomitant agreement will not be necessary for this rezone.
6.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III.RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL that all that portion of the South Half of the southwest quarter and
the south half of the north half of southwest quarter of Section 34, Township 9 North, Range 30 East,
W .M., lying north of northeasterly right of way line of Spokane, Portland & Seattle Railway
Company, EXCEPT that portion thereof conveyed to Northern Pacific Railway Company by deed
recorded in Volume 46 of Deeds page 246, and EXCEPT portion to City of Pasco (Parcel
112540082), situated along the west side of Road 40 East, Pasco, Franklin County, WA Washington,
be rezoned fromI-1 to I-2.
Dated this J 1cfay of September, 2022.
cr:ARINGEXAMINER .ffe -:7
An w L. Kottkamp
Z 2022 009
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SE ROAD 33E
WAREHOUSE STE AINSWORTH AVESE
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, 14 September 2022
6:00 PM
1
MASTER FILE #: Z 2022-009
APPLICANT:Nicole Stickney/AHBL
5804 Rd 90 Suite H
Pasco WA 99301
REQUEST: REZONE: Rezone Parcel 112540082 from I-1 (Light Industrial)
to 1-2 (Medium Industrial)
BACKGROUND
1.PROPERTY DESCRIPTION:
Legal: All that portion of the South Half of the southwest quarter and the south half of the north
half of southwest quarter of Section 34, Township 9 North, Range 30 East, W.M., lying north of
northeasterly right of way line of Spokane, Portland & Seattle Railway Company, EXCEPT that
portion thereof conveyed to Northern Pacific Railway Company by deed recorded in Volume 46
of Deeds page 246, and EXCEPT portion to City of Pasco (Parcel 112540082).
General Location: Said property is situated along the west side of Road 40 East, Pasco, Franklin
County, WA 99301.
Property Size: Approximately 70.79 acres (3,083,612.4 square feet)
2.ACCESS: The parcel will have access from Road 40 East.
3.UTILITIES:Municipal water and sewer are available in Road 40 East.
4.LAND USE AND ZONING: The lot is zoned I-1 (Light Industrial) and is vacant. Surrounding
properties are zoned and developed as follows:
NORTH: I-2 Vacant
EAST: RP Lakeview Manufactured Home Park
SOUTH: I-3 BNSF Railroad
WEST: I-2 Vacant
5.Comprehensive Plan:The Comprehensive Plan indicates the site is intended for Industrial
development. According to the Comprehensive Plan, the Industrial designation allows for
Manufacturing, food processing, storage and wholesale distribution of equipment and products,
hazardous material storage, and transportation-related facilities. Zoning may include I-1, I-2 and
I-3. LU-2-A Policy: Maintain sufficient land designated to accommodate residential, commercial,
industrial, educational, public facility, and open-space uses proximate to appropriate
transportation and utility infrastructure.LU-2-D Policy: Encourage the use of buffers or transition
zones between non- compatible land uses.LU-6-E Policy: Support the Growth Management Act's
goal to encourage growth, including industrial growth, in urban areas. ED-2-B Policy: Encourage
development of a wide range of commercial and industrial uses strategically located near major
transportation corridors or facilities and in close proximity to existing or proposed utility
infrastructure while supporting local and regional needs. ED-2-C Policy: Continue to pursue the
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development of existing industrially zoned properties that may be serviced by existing or planned
utilities. ED-3-A Policy: Enhance compatibility of commercial and industrial development with
residential and mixed-use neighborhoods with appropriate landscaping, screening, building and
design standards.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the SEPA checklist (SEPA 2020-076), the adopted City Comprehensive Plan, City development
regulations, and other information, a threshold determination resulting in a Mitigated
Determination of Non-Significance (MDNS) was issued for this project on 15 September 2022
under WAC 197-11-340(2).
ANALYSIS
Request
Nicole Stickney/AHBL, on behalf of Pasco Road 40 LLC, has applied to change the zoning designation of a
70.79-acre parcel along the west side of Road 40 East, from I-1 (Light Industrial) to I-2 (Medium Industrial)
to match the adjacent northern parcel (112540019), as the parcels are planned to be part of the same
future development.
Future site development of the two parcels, totaling 111 acres, would consist of access drives and parking
lots for a 2,150,280-square-foot Industrial Park. The project would include mass grading, roadway
construction, stormwater management, and utility extensions to develop and serve the project.
The proposed 1-2 zoning would be consistent with the existing zoning located adjacent to the north and
west. Current uses in the vicinity include undeveloped/ vacant property to the north and west, agricultural
uses to the northeast, and a mobile home park to the southeast.
Site
The site comprises approximately 70.79 acres (3,083,612.4 square feet) and has been vacant for several
years.
The Comprehensive Plan designates the lot “Industrial.” The “Industrial” designation allows for I-1, I-2,
and I-3 zoning and may be developed with Industrial uses.
History
The site was annexed into the City in 1979 and assigned RMH-2 (Mobile Home Park) zoning in conjunction
with the annexation (Ordinance #2042). The site was rezoned from RMH-2 to I-1 (Light Industrial) in 1992
Ordinance 2863), and has not been rezoned since. Amazon Inc. has been developing two million-square-
foot distribution centers on parcels to the north and northeast, which were initially codenamed "Project
Pearl" and "Project Oyster."
In addition, a special permit for a Pasco School District preschool was approved near the south entrance
of the proposed development.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
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The site was assigned RMH-2 (Mobile Home Park) zoning in conjunction with the 1979 annexation. The
site was rezoned to I-1 (Light Industrial) in 1992. Zoning for the site has not changed since then.
2. The changed conditions, which are alleged to warrant other or additional zoning:
The City of Pasco has been growing in the last two decades. New subdivisions have been built to the north
of the industrial designated area within the last decade and employment opportunities in the industrial
sector are necessary to aid the economy of Pasco. Additionally, the industrial market has more recently
seen a need for more diverse manufacturing type uses. The 1-2 zoning district more readily accommodates
these types of uses as it is established to provide areas for necessary industrial and related uses that could
create problems of compatibility with other land uses. Given the changes in the market and growth in the
area, the request for a rezone to 1-2 may be appropriate.
The “Industrial” designation allows for I-1, I-2, and I-3 zoning and may be developed with Industrial uses.
Applicant is requesting I-2 zoning. The proposed rezone would allow the site to be developed as intended
with uses consistent with parcels to the north and northeast, which could not be done under the existing
zoning which only permits light industrial uses.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
A rezone of this parcel from 1-1 to 1-2 is logical because it is located in an area that is, with the exception
of the manufactured home park to the east, already devoted to industrial uses. The 1-2 zoning district
allows uses that have the potential to generate noise, light, odor, fumes or smoke. There are several
parcels to the south of the site that have the 1-3 Heavy Industrial zoning designation and the parcels to
the north of the site have the 1-2 zoning designation. Concentrating the heavier industrial zones in this
area provides a necessary space for industrial development. With the exception of property to the east,
this advances public health, safety and general welfare by limiting potential nuisances and negative
externalities to an area where heavier industrial uses are currently allowed.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
Except for the mobile home park property to the east, the change in zoning will have little to no effect on
the value and the character of the adjacent properties and the comprehensive plan. Both the current 1-1
zoning and proposed 1-2 zoning implement the Industrial Comprehensive Plan land use designation, as
well as the plan's various goals and policies (such as LU-6, ED-2, and ED-3) to accommodate industrial
development in appropriate areas within the City. The purposes of both zoning districts are similar:
The 1-1 light industrial district is established to preserve areas for industrial and related uses of such a
nature that they do not create serious problems of compatibility with other kinds of land uses. Uses
permitted in this district should not generate noise levels, light, odor or fumes that would constitute a
nuisance or hazard." (PMC 25.115.010)
The 1-2 medium industrial district is established to provide areas for necessary industrial and related uses
that could create problems of compatibility with other land uses. Uses in this district have the potential to
generate high levels of noise, light, odor, fumes or smoke that require their protection from encroachment
by incompatible land uses." (PMC 25.120.010)
The proposed rezone to 1-2 will match the zoning of the adjacent parcels to the north and west and
accommodates less intensive industrial uses compared to those allowed on the parcels to the south which
are zoned 1-3.
5. The effect on the property owner or owners if the request is not granted:
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As the proposed development involves parcels that have different zoning (1-1 and 1-2), the property, in
conjunction with the northern property, may not be able to be developed as proposed if the request was
not granted, as this would create split zoned parcels, something that has historically not been allowed
within the City of Pasco. Therefore, the rezone would be necessary to harmonize the zoning of the two
parcels and allow for the proposed development.
6. The Comprehensive Plan land use designation for the property
The current comprehensive plan land use designation is Industrial and all surrounding parcels except for
the manufactured home park to the east are also designated as such.
7. Such other information as the Hearing Examiner requires
A special permit for a Pasco School District preschool was approved near the south entrance of the
proposed development; The intersection of the project south driveway and the PSD preschool access
point is very dangerous with a 40-mph speed limit, both vertical and horizontal curves, and blind left-hand
exit turns. This intersection needs to be evaluated for traffic safety mitigation measures.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on August 22, 2022.
2. Applicant wishes to change the zoning designation of a 70.79-acre parcel along the west side of
Road 40 East, from I-1 (Light Industrial) to I-2 (Medium Industrial)
3. The zone change is intended to match the zoning of parcel (112540019) adjacent to the north.
4. Applicant wishes to develop the site together with the parcel to the north.
5. Proposed development is for a 2,150,280-square-foot Industrial Park over 111 acres.
6. Proposed site development would include access drives and parking lots.
7. The project components would include mass grading, roadway construction, stormwater
management, and utility extensions.
8. The proposed 1-2 zoning would be consistent with the existing zoning to the north and west.
9. Current uses in the vicinity include undeveloped/ vacant property to the north and west,
agricultural uses to the northeast, and a mobile home park to the southeast.
10. The site has been vacant for several years.
11. The Comprehensive Plan designates the lot “Industrial.”
12. The “Industrial” designation allows for I-1, I-2, and I-3 zoning.
13. The site was annexed into the City in 1979 (Ordinance #2042).
14. The site was assigned RMH-2 (Mobile Home Park) zoning in conjunction with the annexation
15. The site was rezoned from RMH-2 to I-1 (Light Industrial) in 1992 (Ordinance 2863).
16. The site has not been rezoned since.
17. Amazon Inc. has been developing two (ea.) one-million-square-foot distribution centers on
parcels to the north and northeast.
18. A special permit for a Pasco School District preschool was approved near the south entrance of
the proposed development.
19. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030.
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TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The Comprehensive Plan indicates the site is intended for Industrial development. According to the
Comprehensive Plan, the Industrial designation allows for Manufacturing, food processing, storage and
wholesale distribution of equipment and products, hazardous material storage, and transportation-
related facilities. Zoning may include I-1, I-2 and I-3.
LU-2-A Policy: Maintain sufficient land designated to accommodate residential, commercial, industrial,
educational, public facility, and open-space uses proximate to appropriate transportation and utility
infrastructure.
A BNSF/Port of Pasco industrial railroad spur line was recently installed along the northern
boundary of the overall site the site.
LU-2-D Policy: Encourage the use of buffers or transition zones between non-compatible land uses.
As per PMC 25.180.040(5) Loading and service areas shall not face any residential zone, unless no
other location is possible. Loading and service areas adjacent to or across a public street or alley
from a residentially zoned district shall be screened with a sight-obscuring structure matching the
architecture of the building:
As per PMC 25.180.040(6)(a)Parking lots that abut a public street shall be buffered with live
vegetation consisting of trees, shrubs and ground cover.
LU-6-E Policy: Support the Growth Management Act's goal to encourage growth, including industrial
growth, in urban areas.
ED-2-B Policy: Encourage development of a wide range of commercial and industrial uses strategically
located near major transportation corridors or facilities and in close proximity to existing or proposed
utility infrastructure while supporting local and regional needs.
The site has easy access to highway, rail, barge, and air transportation.
ED-2-C Policy: Continue to pursue the development of existing industrially zoned properties that may be
serviced by existing or planned utilities.
The site is already industrially zoned; the proposal is to expand the range of industrial uses possible
on the site.
ED-3-A Policy: Enhance compatibility of commercial and industrial development with residential and
mixed-use neighborhoods with appropriate landscaping, screening, building and design standards.
As per PMC 25.180.040(5) Loading and service areas shall not face any residential zone, unless no
other location is possible. Loading and service areas adjacent to or across a public street or alley
from a residentially zoned district shall be screened with a sight-obscuring structure matching the
architecture of the building:
As per PMC 25.180.040(6)(a)Parking lots that abut a public street shall be buffered with live
vegetation consisting of trees, shrubs and ground cover.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
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The Comprehensive Plan designates the property “Industrial.” As such, the site may be zoned I-1, I-2, or I-
3.
3. There is merit and value in the proposal for the community as a whole.
Both I-1, I-2, and I-3 Industrial zoning are consistent with the Comprehensive Plan Land Use Map and the
Goals and Policies as adopted by the Pasco City Council (Ordinance 4537). There is merit in allowing for
development which could create more manufacturing employment opportunities.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The site is adjacent an RP (Residential Park) residential district. Conditions to mitigate any significant
adverse impacts from the proposal may be appropriate.
A special permit for a Pasco School District preschool was approved near the south entrance of the
proposed development; The intersection of the project south driveway and the PSD preschool access point
is very dangerous with a 40-mph speed limit, both vertical and horizontal curves, and blind left-hand exit
turns. This intersection needs to be evaluated for traffic safety mitigation measures. However these issues
must be addressed as part of the site development/permitting process
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
A concomitant agreement will not be necessary for this rezone.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein that all that portion of the South
Half of the southwest quarter and the south half of the north half of southwest quarter of Section 34,
Township 9 North, Range 30 East, W.M., lying north of northeasterly right of way line of Spokane, Portland
Seattle Railway Company, EXCEPT that portion thereof conveyed to Northern Pacific Railway Company
by deed recorded in Volume 46 of Deeds page 246, and EXCEPT portion to City of Pasco (Parcel
112540082), situated along the west side of Road 40 East, Pasco, Franklin County, WA Washington, be
rezoned from I-1 to I-2.
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Overview
Map SITESITE Item: Road 40 LLC Rezone I-1 to
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August 11, 2022
City of Pasco Community Development
PO Box 293
Pasco, WA 99301
Attn: Mike Manning, Planner
RE: SEPA2022-076 – Tarragon LLC
US 12 milepost 293.6 - E. A Street vicinity Rt.
We have reviewed the proposed project and traffic impact analysis (TIA, dated March 7, 2022) and have
the following comments.
x The subject property is in the vicinity of U.S. Highway 12 (US 12). US 12 is a limited access facility,
Highway of Statewide Significance (HSS), and part of the National Highway System (NHS). Access
to the highway is available via the E. Lewis Street interchange, as well as the E. A Street and Tank
Farm/Sacajawea Park intersections. US 12, including the above interchange and intersections
currently operate within acceptable safety and operational thresholds. It is to the benefit of the city,
county and state to preserve this facility’s efficiency.
x We are not opposed to the proposed project; however, we are concerned with the cumulative impact
vehicle trips generated by this proposal will have on the US 12/Tank Farm/Sacajawea Park
intersection. As previously stated to the city, the collision history review included in the project TIA
does not meet WSDOT’s requirements for safety performance analysis of state highways. The TIA
must be revised to include a safety analysis component in conformance with Chapters 321 and 321 of
the WSDOT Design Manual, as well as the WSDOT Safety Analysis Guide. As a condition of
development approval, the updated report must be submitted to WSDOT for review and comment.
The developer will be responsible to implement any mitigation measures or safety countermeasures
identified by the additional analysis.
Further, the background traffic volumes shown at the US 12/Sacajawea Park Rd/Tank Farm Rd
intersection are not consistent with the volumes shown in previous TIAs for Project Oyster and
Project Pearl. The proponent’s traffic consultant must contact the department to discuss this
discrepancy and determine what, if any, corrections should be made to the analysis.
Thank you for the opportunity to review and comment on this proposal. If you have any questions
regarding this letter, please contact Jacob Prilucik at (509) 577-1635.
Sincerely,
Paul Gonseth, P.E.
Region Planning Engineer
PG: jjp
cc: SR 12, File #2022_009
Sincerely,
l G h
Page 596 of 704
AGENDA REPORT
FOR: City Council November 29, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 12/5/22
FROM: Angela Pashon, Senior Management
Analyst
Executive
SUBJECT: Approval of the Lodging Tax Advisory Committee (LTAC)
Recommendations for 2023
I. REFERENCE(S):
2023 Lodging Tax Requests
11.07.2022 LTAC Minutes
Applications
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: CommitteeAdvisoryTaxLodgingmoveapprovetoIthe
recommendations for the 2023 funding allocations as presented.
III. FISCAL IMPACT:
Lodging Tax Funds - $660,000
Stadium Funds - $124,515
IV. HISTORY AND FACTS BRIEF:
State law authorizes the collection of the 2% local tax on lodging facilities (hotels
and motels). The funds originally could be used for stadiums and for tourism
promotion activities. In 1993, like several cities prior to that time, Pasco was
granted by State law authority to assess an additional 2% lodging tax fund
specifically the City's share of TRAC, currently known as HAPO Center.
The legislature subsequently increased the base lodging tax to 4% and
eliminated the individual taxing authorizations. The amendment also required the
establishment of a Lodging Tax Advisory Committee (LTAC) to review and
recommend proposed uses of the lodging tax annually.
V. DISCUSSION:
Page 597 of 704
The Pasco LTAC convened on November 7, 2022, to review thirteen (13)
proposals received for use of the 2023 Lodging Tax receipts. Requests received
totaled $745,518 while projected revenue is $660k. Staff recommended to fund
the Gesa Stadium Bond Debt from the Stadium Fund Balance, which remains
healthy. This recommendation brings requests to be funded in balance with
projected revenue. Staff recommended denying NorthAmerica Talk's application
and requesting they consider applying in future years after the Pasco Branding
Project is completed. Staff recommended equalizing the Franklin County
Historical Society's request with other applicants.
Based on the Committee's review of allowable uses and individual requests, the
LTAC recommends fund allocations as outlined below:
Support/Ops Tourism Facility
TRAC/HAPO Center $270,000
Gesa Stadium Bond Debt
paid from Stadium Fund** $124,515
Event/Festival Organizer
Arc of Tri-Cities $10,000
Water Follies $10,000
Franklin County Historical Society $10,000
Latino Business Association (LBA)
Tamale Festival $8,500
CBC NWAC Basketball Champ $10,000
Tourism Marketing
Fund Administration $14,503
Pasco Branding Project $30,000
Visit Tri-Cities (formally known as Tri-
Cities VCB) $200,000
NorthAmerica Talk Denied
Pasco Chamber of Commerce $30,000
Special Project Fund $15,000
Total $732,518
With respect to the recommendations of the LTAC, per RCW 67.28.1816 2(b)(ii),
the City Council must either accept the recommendation of the local lodging tax
advisory committee or the alternative, the Council can determine that the
recommendation is not acceptable and remand the matter back the LTAC
Committee.
Page 598 of 704
The LTAC Committee's recommendations are consistent with Council's goals
and State statute accordingly.
This item was discussed during the November 28th Council Workshop. Staff
recommends Council approval of the LTAC allocations.
Page 599 of 704
MINUTES
Lodging Tax Advisory Committee
1:30 PM - Monday, November 7, 2022
Conference Room 5 & Microsoft Teams
CALL TO ORDER
The meeting was called to order at 1:40 pm, by Mayor Barajas,
Chairperson
ROLL CALL
Committee Members: Mayor Blanche Barajas, Monica Hammerberg,
Taran Patel, Colin Hastings, Hector Cruz.
Staff: Laurel McQuade & Angela Pashon.
APPROVAL OF MINUTES
Colin Hastings moved to approve the minutes of the September 21, 2021
meeting. Taran Patel seconded. Motion carried unanimously.
REVIEW OF HISTORY & NEW OPTION
Staff reviewed 2021-2022 Lodging Tax & GESA Fund Summary
Staff introduced the Special Project Fund Option with the goal of a nimble
funding for smaller or new special events and projects that come up
outside of the normal funding process. Recommended $15k be awarded
directly to LTAC, a formal application is required but application would be
accepted year-round, LTAC would approve applications, and applicant
must report to JLARC. Unused funds will roll back into the general Lodging
Tax Fund.
ADDITIONAL 2022 LODGING REQUESTS
Page 1 of3Page600of704
Staff provided the application by the Arc of Tri-Cities for $10,000 received
outside of the application window as an example of what the Special
Project Fund could be used for.
2023 LODGING TAX REQUESTS
A total of 13 applications were received for 2023:
Support/Ops Tourism Facility: HAPO Center, Baseball Stadium
Improvements Bond Debt
Event/Festival: Arc of Tri-Cities, Water Follies, Franklin County Historic
Society, Latin Business Association, Columbia Basin College
Tourism Marketing: Pasco Branding Project, Tri-Cities Visitor &
Convention Bureau, Pasco Chamber, Special Project Fund,
NorthAmerica Talk, Fund Administration
2023 RECOMMENDATIONS FOR CONSIDERATION
Requests received totaled $745,518 while projected revenue is $660k. Staff
recommended to fund the Gesa Stadium Bond Debt from the Stadium Fund
Balance which remains healthy. This recommendation brings requests to be
funded by projected revenue in balance.
Staff recommended denying NorthAmerica Talk's application and requesting
they consider applying in future years after the Pasco Branding Project is
completed. Staff recommended equalizing the Franklin County Historic Societies
request with other applicants. All other applications were recommended by
LTAC for funding.
Support/Ops Tourism Facility
TRAC/HAPO Center* $270,000
Gesa Stadium Bond Debt
paid from Stadium Fund** $124,515
Event/Festival Organizer
Arc of Tri-Cities $10,000
Water Follies $10,000
Franklin County Historic Society $10,000
Tamale Festival $8,500
NWAC Basketball Champ $10,000
Tourism Marketing
Fund Administration $14,503
Pasco Branding Project $30,000
Tri-Cities VCB*** $200,000
NorthAmerica Talk Denied
Pasco Chamber $30,000
Page 2 of3Page601of704
Special Project Fund $15,000
Total $732,518
ADJOURNMENT
There being no further business, the meeting was adjourned at 2:05 pm.
PASSED AND APPROVED THIS ___ DAY OF _______, 20__
APPROVED:
Page 3 of3Page602of704
Pasco Lodging Tax 2023
GESA Fund $700,000 Running Fund Balance $51,997
Estimated 2022 Revenue $660,000 Total Requests $608,003
Total Fund Allocation $660,000
Support/Ops Tourism Facility
TRAC/HAPO Center* $270,000 GESA Debt Service $124,515
Total $270,000 Remaining Fund Balance $575,485
Remaining Fund Balance $390,000
Event/Festival Organizer
Arc of Tri-Cities $10,000
Water Follies $10,000
Franklin County Historic Society $10,000 Suggest equalizing the Festival/Event amounts
Tamale Festival $8,500
NWAC Basketball Champ $10,000
Total $48,500
Remaining Fund Balance $341,500
Tourism Marketing
Fund Administration $14,503
Pasco Branding Project $30,000
Tri-Cities VCB*** $200,000
NorthAmerica Talk Suggest denying and asking to apply again in future y
Pasco Chamber $30,000
Special Project Fund $15,000 Suggest allocating $15,000 for off-season events/proj
Total $289,503
Remaining Fund Balance $51,997
Support/Ops Tourism Facility
Interlocal Agreement between City of Pasco and
Franklin County
20-year debt service on $2 million improvements
began in 2019
Interlocal Agreement between cities of Pasco,
Kennewick and Richland with Tri-Cities Visitor and
Convention Bureau (VCB) to provide 50% of annual 2%
lodging tax receipts to VCB.
Page 603 of 704
Page 604 of 704
As a direct result of your proposed tourism-related service, provide an
estimate of:
What method was used to
determine attendance in previous
years?
a.Overall Attendance
Enter the total number of people predicted to
attend this activity and select the method used to
determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
b.Attendance, 50+ Miles
Number of people predicted to travel more than
50 miles to attend this activity and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
c.Attendance, Out of State, Out of Country
Of the total listed in "b" above, number of people
predicted to travel from another state and country
and select the method used to determine the
attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
d.Attendance, Paid for Overnight Lodging
Enter the number of predicted to attend this activity
and pay for overnight lodging and select the method
used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
e.Attendance, Did Not Pay for Overnight Lodging
Enter the number of predicted to attend this activity
without paying for overnight lodging and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
I am an authorized agent of the organization/agency applying for funding. I understand that:
Funds must be expended within the calendar year.
Reporting requirements meeting state guidelines outlined in this application must be submitted with
final request for reimbursement.
All funded requests will be monitored for progress and consistency with scope and time line as outlined.
All requests for reimbursement for approved costs shall be in writing and shall have supporting
documentation to verify the expenditure of the funds included in request.
The State of Washington requires an estimate for the following questions below:
Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle
counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as
hotels, restaurants or tour guides, likely to be affected by an event.
Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount
certificates, brochures handed out, police requirements for crowd control or visual estimates.
Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a highly structured
data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire
population attending an event and includes margin of error and confidence level.
Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not
representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a
limited indicator of attendance because not all participants had an equal chance of being included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction
estimated attendance by dividing the square footage of the event area by the international building code allowance for persons
3 square feet).
Signature:Name (Printed):
Date:
f.Paid Lodging Nights Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
Enter the number of predicted paid lodging nights and
select the method used to determine the attendance.
Lodging night = one or more persons in one room
Page 605 of 704
Page 606 of 704
Page 607 of 704
Special Project Fund Option
Goal: nimble funding for smaller or new special events and
projects that come up outside of the normal funding process.
Small amount requested out of residual funds
Awarded directly to LTAC
Application Process:
Application process open year-round
Must still use formal application
LTAC must still approve application
Must still report to JLARC
Unused funds roll back into general Lodging TaxfundPage
Page 609 of 704
As a direct result of your proposed tourism-related service, provide an
estimate of:
What method was used to
determine attendance in previous
years?
a.Overall Attendance
Enter the total number of people predicted to
attend this activity and select the method used to
determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
b.Attendance, 50+ Miles
Number of people predicted to travel more than
50 miles to attend this activity and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
c.Attendance, Out of State, Out of Country
Of the total listed in "b" above, number of people
predicted to travel from another state and country
and select the method used to determine the
attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
d.Attendance, Paid for Overnight Lodging
Enter the number of predicted to attend this activity
and pay for overnight lodging and select the method
used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
e.Attendance, Did Not Pay for Overnight Lodging
Enter the number of predicted to attend this activity
without paying for overnight lodging and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
I am an authorized agent of the organization/agency applying for funding. I understand that:
Funds must be expended within the calendar year.
Reporting requirements meeting state guidelines outlined in this application must be submitted with
final request for reimbursement.
All funded requests will be monitored for progress and consistency with scope and time line as outlined.
All requests for reimbursement for approved costs shall be in writing and shall have supporting
documentation to verify the expenditure of the funds included in request.
The State of Washington requires an estimate for the following questions below:
Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle
counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as
hotels, restaurants or tour guides, likely to be affected by an event.
Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount
certificates, brochures handed out, police requirements for crowd control or visual estimates.
Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a highly structured
data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire
population attending an event and includes margin of error and confidence level.
Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not
representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a
limited indicator of attendance because not all participants had an equal chance of being included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction
estimated attendance by dividing the square footage of the event area by the international building code allowance for persons
3 square feet).
Signature:Name (Printed):
Date:
f.Paid Lodging Nights Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
Enter the number of predicted paid lodging nights and
select the method used to determine the attendance.
Lodging night = one or more persons in one room
Page 610 of 704
Page 611 of 704
As a direct result of your proposed tourism-related service, provide an
estimate of:
What method was used to
determine attendance in previous
years?
a.Overall Attendance
Enter the total number of people predicted to
attend this activity and select the method used to
determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
b.Attendance, 50+ Miles
Number of people predicted to travel more than
50 miles to attend this activity and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
c.Attendance, Out of State, Out of Country
Of the total listed in "b" above, number of people
predicted to travel from another state and country
and select the method used to determine the
attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
d.Attendance, Paid for Overnight Lodging
Enter the number of predicted to attend this activity
and pay for overnight lodging and select the method
used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
e.Attendance, Did Not Pay for Overnight Lodging
Enter the number of predicted to attend this activity
without paying for overnight lodging and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
I am an authorized agent of the organization/agency applying for funding. I understand that:
Funds must be expended within the calendar year.
Reporting requirements meeting state guidelines outlined in this application must be submitted with
final request for reimbursement.
All funded requests will be monitored for progress and consistency with scope and time line as outlined.
All requests for reimbursement for approved costs shall be in writing and shall have supporting
documentation to verify the expenditure of the funds included in request.
The State of Washington requires an estimate for the following questions below:
Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle
counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as
hotels, restaurants or tour guides, likely to be affected by an event.
Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount
certificates, brochures handed out, police requirements for crowd control or visual estimates.
Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a highly structured
data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire
population attending an event and includes margin of error and confidence level.
Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not
representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a
limited indicator of attendance because not all participants had an equal chance of being included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction
estimated attendance by dividing the square footage of the event area by the international building code allowance for persons
3 square feet).
Signature:Name (Printed):
Date:
f.Paid Lodging Nights Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
Enter the number of predicted paid lodging nights and
select the method used to determine the attendance.
Lodging night = one or more persons in one room
Page 612 of 704
Page 613 of 704
As a direct result of your proposed tourism-related service, provide an
estimate of:
What method was used to
determine attendance in previous
years?
a.Overall Attendance
Enter the total number of people predicted to
attend this activity and select the method used to
determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
b.Attendance, 50+ Miles
Number of people predicted to travel more than
50 miles to attend this activity and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
c.Attendance, Out of State, Out of Country
Of the total listed in "b" above, number of people
predicted to travel from another state and country
and select the method used to determine the
attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
d.Attendance, Paid for Overnight Lodging
Enter the number of predicted to attend this activity
and pay for overnight lodging and select the method
used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
e.Attendance, Did Not Pay for Overnight Lodging
Enter the number of predicted to attend this activity
without paying for overnight lodging and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
I am an authorized agent of the organization/agency applying for funding. I understand that:
Funds must be expended within the calendar year.
Reporting requirements meeting state guidelines outlined in this application must be submitted with
final request for reimbursement.
All funded requests will be monitored for progress and consistency with scope and time line as outlined.
All requests for reimbursement for approved costs shall be in writing and shall have supporting
documentation to verify the expenditure of the funds included in request.
The State of Washington requires an estimate for the following questions below:
Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle
counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as
hotels, restaurants or tour guides, likely to be affected by an event.
Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount
certificates, brochures handed out, police requirements for crowd control or visual estimates.
Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a highly structured
data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire
population attending an event and includes margin of error and confidence level.
Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not
representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a
limited indicator of attendance because not all participants had an equal chance of being included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction
estimated attendance by dividing the square footage of the event area by the international building code allowance for persons
3 square feet).
Signature:Name (Printed):
Date:
f.Paid Lodging Nights Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
Enter the number of predicted paid lodging nights and
select the method used to determine the attendance.
Lodging night = one or more persons in one room
Page 614 of 704
Page 615 of 704
As a direct result of your proposed tourism-related service,provide an
estimate of:
What method was used to
determine attendance in previous
years?
a.Overall Attendance
Enter the total number of people predicted to
attend this activity and select the method used to
determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
b.Attendance,50+Miles
Number of people predicted to travel more than
50 miles to attend this activity and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
c.Attendance,Out of State,Out of Country
Of the total listed in "b"above,number of people
predicted to travel from another state and country
and select the method used to determine the
attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
d.Attendance,Paid for Overnight Lodging
Enter the number of predicted to attend this activity
and pay for overnight lodging and select the method
used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
e.Attendance,Did Not Pay for Overnight Lodging
Enter the number of predicted to attend this activity
without paying for overnight lodging and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
I am an authorized agent of the organization/agency applying for funding.I understand that:
Funds must be expended within the calendar year.
Reporting requirements meeting state guidelines outlined in this application must be submitted with
final request for reimbursement.
All funded requests will be monitored for progress and consistency with scope and time line as outlined.
All requests for reimbursement for approved costs shall be in writing and shall have supporting
documentation to verify the expenditure of the funds included in request.
The State of Washington requires an estimate for the following questions below:
Direct Count:Actual count of visitors using methods such as paid admissions or registrations,clicker counts at entry points,vehicle
counts or number of chairs filled.A direct count may also include information collected directly from businesses,such as
hotels,restaurants or tour guides,likely to be affected by an event.
Indirect Count:Estimate based on information related to the number of visitors such as raffle tickets sold,redeemed discount
certificates,brochures handed out,police requirements for crowd control or visual estimates.
Representative Survey:Information collected directly from individual visitors/participants.A representative survey is a highly structured
data collection tool,based on a defined random sample of participants,and the results can be reliably projected to the entire
population attending an event and includes margin of error and confidence level.
Informal Survey:Information collected directly from individual visitors or participants in a non-random manner that is not
representative of all visitors or participants.Informal survey results cannot be projected to the entire visitor population and provide a
limited indicator of attendance because not all participants had an equal chance of being included in the survey.
Structured Estimate:Estimate produced by computing known information related to the event or location.For example,one jurisdiction
estimated attendance by dividing the square footage of the event area by the international building code allowance for persons
3 square feet).
Signature:Name (Printed):
Date:
f.Paid Lodging Nights Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
Enter the number of predicted paid lodging nights and
select the method used to determine the attendance.
Lodging night =one or more persons in one room
2,100
675
1,350
60
50
1,500
Michelle M. Bertrand
9/16/22 Page 616 of 704
Page 617 of 704
Page 618 of 704
Page 619 of 704
Application for 2023 Pasco Lodging Tax Funds
Amount of Lodging Tax Requested: $___________
Organization/Agency Name:
Federal Tax ID Number:
Contact Name and Title:
Mailing Address: City: State: Zip:
Phone: Email Address:
Non-Profit
For-Profit
Public Agency
Type:
Title of Proposed Use/Activity:
Description:
Funding Outline:
Sources
Requested Lodging Tax Funds
TOTAL
Uses
Tourism Marketing
Event/Festival Marketing/Operation
Tourism Facility Operation
TOTAL $
Please attached the following (if applicable) to your application:
If your agency is a non-profit a copy of your agency’s current non-profit corporate registration with
the Washington Secretary of State.
Brochures or other information about your event/activity/facility, in particular items showing recent
tourism promotion efforts. (Optional)
Page 620 of 704
As a direct result of your proposed tourism-related service, provide an
estimate of:
What method was used to
determine attendance in previous
years?
a.Overall Attendance
Enter the total number of people predicted to
attend this activity and select the method used to
determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
b.Attendance, 50+ Miles
Number of people predicted to travel more than
50 miles to attend this activity and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
c.Attendance, Out of State, Out of Country
Of the total listed in "b" above, number of people
predicted to travel from another state and country
and select the method used to determine the
attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
d.Attendance, Paid for Overnight Lodging
Enter the number of predicted to attend this activity
and pay for overnight lodging and select the method
used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
e.Attendance, Did Not Pay for Overnight Lodging
Enter the number of predicted to attend this activity
without paying for overnight lodging and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
I am an authorized agent of the organization/agency applying for funding. I understand that:
Funds must be expended within the calendar year.
Reporting requirements meeting state guidelines outlined in this application must be submitted with
final request for reimbursement.
All funded requests will be monitored for progress and consistency with scope and time line as outlined.
All requests for reimbursement for approved costs shall be in writing and shall have supporting
documentation to verify the expenditure of the funds included in request.
The State of Washington requires an estimate for the following questions below:
Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle
counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as
hotels, restaurants or tour guides, likely to be affected by an event.
Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount
certificates, brochures handed out, police requirements for crowd control or visual estimates.
Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a highly structured
data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire
population attending an event and includes margin of error and confidence level.
Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not
representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a
limited indicator of attendance because not all participants had an equal chance of being included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction
estimated attendance by dividing the square footage of the event area by the international building code allowance for persons
3 square feet).
Signature:Name (Printed):
Date:
f.Paid Lodging Nights Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
Enter the number of predicted paid lodging nights and
select the method used to determine the attendance.
Lodging night = one or more persons in one room
Page 621 of 704
Page 622 of 704
As a direct result of your proposed tourism-related service, provide an
estimate of:
What method was used to
determine attendance in previous
years?
a.Overall Attendance
Enter the total number of people predicted to
attend this activity and select the method used to
determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
b.Attendance, 50+ Miles
Number of people predicted to travel more than
50 miles to attend this activity and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
c.Attendance, Out of State, Out of Country
Of the total listed in "b" above, number of people
predicted to travel from another state and country
and select the method used to determine the
attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
d.Attendance, Paid for Overnight Lodging
Enter the number of predicted to attend this activity
and pay for overnight lodging and select the method
used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
e.Attendance, Did Not Pay for Overnight Lodging
Enter the number of predicted to attend this activity
without paying for overnight lodging and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
I am an authorized agent of the organization/agency applying for funding. I understand that:
Funds must be expended within the calendar year.
Reporting requirements meeting state guidelines outlined in this application must be submitted with
final request for reimbursement.
All funded requests will be monitored for progress and consistency with scope and time line as outlined.
All requests for reimbursement for approved costs shall be in writing and shall have supporting
documentation to verify the expenditure of the funds included in request.
The State of Washington requires an estimate for the following questions below:
Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle
counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as
hotels, restaurants or tour guides, likely to be affected by an event.
Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount
certificates, brochures handed out, police requirements for crowd control or visual estimates.
Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a highly structured
data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire
population attending an event and includes margin of error and confidence level.
Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not
representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a
limited indicator of attendance because not all participants had an equal chance of being included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction
estimated attendance by dividing the square footage of the event area by the international building code allowance for persons
3 square feet).
Signature:Name (Printed):
Date:
f.Paid Lodging Nights Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
Enter the number of predicted paid lodging nights and
select the method used to determine the attendance.
Lodging night = one or more persons in one room
Page 623 of 704
Application for 2023 WŽ Lodging Tax Funds
Amount of Lodging Tax Requested: $___________
Organization/Agency Name:
Federal Tax ID Number:
Contact Name and Title:
Mailing Address: City: State: Zip:
Phone: Email Address:
Non-Profit
For-Profit
Public Agency
Type:
Title of Proposed Use/Activity:
Description:
Funding Outline:
Ž
Requested Lodging Tax Funds
dKd
h
Tourism Marketing
Event/Festival Marketing/Operation
Tourism Facility Operation
dKd
Please attached the following (if applicable) to your application:
v If your agency is a non-profit a copy of your agency’s current non-profit corporate registration with
the Washington Secretary of State.
v Brochures or other information about your event/activity/facility, in particular items showing recent
tourism promotion efforts. (Optional)
18,000 - $40,000
NorthAmericaTalk
46-4590357
Jacob Luplow, VP Sales
206-822-1458 jake@northamericatalk.com
2962 Limited Lane NW Olympia WA 98502
Western WA Digital Destination/Tourism Marketing Targeting Mobile Users on I5 Corridor
Please see attached cover letter, scope of work, and NorthAmericaTalk history.
LTAC Committee and @Talk sister companies$18,000 - $40,000 $18,000 - $40,000
18,000 - $40,000
Page 624 of 704
As a direct result of your proposed tourism-related service, provide an
estimate of:
What method was used to
determine attendance in previous
years?
a.Overall Attendance
Enter the total number of people predicted to
attend this activity and select the method used to
determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
b.Attendance, 50+ Miles
Number of people predicted to travel more than
50 miles to attend this activity and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
c.Attendance, Out of State, Out of Country
Of the total listed in "b" above, number of people
predicted to travel from another state and country
and select the method used to determine the
attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
d.Attendance, Paid for Overnight Lodging
Enter the number of predicted to attend this activity
and pay for overnight lodging and select the method
used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
e.Attendance, Did Not Pay for Overnight Lodging
Enter the number of predicted to attend this activity
without paying for overnight lodging and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
I am an authorized agent of the organization/agency applying for funding. I understand that:
Funds must be expended within the calendar year.
ZŽ Ž Ž
Ž
All funded requests will be monitored for progress and consistency with scope and time line s outlined
All requests for reimbursement for approved costs shall be in writing and shall have supporting
documentation to verify the expenditure of the funds included in request.
The State of Washington requires an estimate for the following questions below:
Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle
counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as
hotels, restaurants or tour guides, likely to be affected by an event.
Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount
certificates, brochures handed out, police requirements for crowd control or visual estimates.
Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a highly structured
data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire
population attending an event and includes margin of error and confidence level.
Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not
representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a
limited indicator of attendance because not all participants had an equal chance of being included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction
estimated attendance by dividing the square footage of the event area by the international building code allowance for persons
3 square feet).
Signature:Name (Printed):
Date:
f.W LŽ N Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
Enter the number of predicted paid lodging nights and
select the method used to determine the attendance.
Lodging night one or more persons in one room
9,600
Google
Analytics
9,600
Google
Analytics
0
Google
Analytics
7,680
Google
Analytics
1,920
Google
Analytics
2 Google Analytics
Jacob Luplow
9/20/22 Page 625 of 704
2962 Limited Lane NW
Olympia, WA 98502
Dan Jones, CEO/Founder – Jacob Luplow, VP Sales
Dan@NorthAmericaTalk.com -Jake@NorthAmericaTalk.com
206-822-1458
Dear City of Pasco Lodging Tax Advisory Committee and Pasco City Council:
NorthAmericaTalk is applying to propose a new, innovative project to encourage tourism
in the City of Pasco via digital destination and tourism marketing focused on mobile
users in Western WA.
Through our Western WA media companies spanning the I5 corridor (Vancouver, WA to
Bellingham, WA), as outlined in our ‘Scope of Work’, we plan to promote the City as a
tourist destination to increase economic activity in the City of Pasco for the year of
2023.
An example of content we see valuable that would be created by our team to share and
amplify with our Western WA audience includes:
Outdoor recreation
Things to do
Events and festivals
NorthAmericaTalk has six years of extensive, well-documented work promoting tourism
for Grays Harbor Tourism,Bellingham Whatcom County Tourism,Thurston County,and
the City of Camas through social media, SEO, and content marketing, and we now have
an additional content distribution channel through our partnership with the nonprofit
TREAD.
Additionally, we reach a great demographic of 70% female readers, an average age of
34, and a 72% mobile user base.
Our Community Social Networks™ are ‘Open to All’ and promote equitable access to
the communities we serve throughout the Pacific Northwest.
We ask that you consider all documents with thoughtfulness, leaning on us for
questions and feedback, and we look forward to assisting you in your destination
marketing goals as we bring to life the City of Pasco for our Western WA audience.
1
Page 626 of 704
Scope of Work: 2023 Digital Place and Destination Branding
Leveraging Content Marketing, Search Engine Optimization, and Social Networks
NorthAmericaTalk is excited and enthusiastic about working with the City of Pasco to
support your 2023 destination and tourism marketing goals through social media, SEO,
and content marketing.
Below, you will find a ‘Scope of Work’ that focuses on amplifying Pasco as a tourist
destination and capturing eyeballs on mobile devices along the I-5 corridor to drive
tourism.
Western Washington I5 Corridor @Talk Readership/Users
Reach over 200,000 users/people per week along the I5 Corridor
158,494 social followers along the I5 Corridor
@Talk platforms along I5 see consistent search traffic for “Tri Cities” and Eastern
WA tourism related interests
Our proposal is designed to maximize search engine results, hit a target demographic,
and drive tourism.
Page 627 of 704
Project Outcome/Impact on Tourism
Increase economic activity in the City of Pasco for the year of 2023
Quality content that can be reused “Evergreen”
Content that is social media friendly (highly shareable)
Content that is search engine friendly (SEO)
Content that can be shared multiple times and reused (year to year)
Distribution to 100,000s of readers along I5
Our media properties have over 158,494 social subscribers with whom to
share content and thousands of daily readers
High quality articles that are read by a broad audience
Positive community branding
High quality content representing a geographic area
Leverage past data collection to create more informed content decisions through
search engine analysis of @Talk data
Increased tourism related online content to assist in driving tourism
We can provide stats:
For content: impressions, reach, and social media interactions
For visual ads: impressions and CTR
We can also provide ‘tourism impact’ for our clients across Western WA, as an
example, if references are requested.
Please note: the last several slides in the media kit show example work from other tourism clients in WA.
Page 628 of 704
Packages
A. Focus on content marketing along the I5 corridor – 12 month project
12 Articles selected by the City of Pasco and created by our team
All content published on:
WhatcomTalk.com, SkagitTalk.com, SnohomishTalk.com,
SouthSoundTalk.com, ThurstonTalk.com, GraysHarborTalk.com,
LewisTalk.com, and ClarkCountyTalk.com
All content shared on social media
Investment:
Retail: $27,000
Special pricing: $18,000 *
B. Extended reach with geo-targeted banner ads along the I5 corridor – 12 month
project
Includes everything in package A
Custom banner ad (runs 12 months) on:
WhatcomTalk.com, SnohomishTalk.com, SouthSoundTalk.com,
ThurstonTalk.com, and ClarkCountyalk.com
Investment:
Retail: $57,000
Special pricing: $28,000 *
C. Extended focus on content marketing + geo-targeted banner ads along the I5
corridor – 12 month project
24 Articles selected by the City of Pasco and created by our team
All content published on:
WhatcomTalk.com, SkagitTalk.com, SnohomishTalk.com,
SouthSoundTalk.com, ThurstonTalk.com, GraysHarborTalk.com,
LewisTalk.com, and ClarkCountyTalk.com
Custom banner ad (runs 12 months) on:
WhatcomTalk.com, SnohomishTalk.com, SouthSoundTalk.com,
ThurstonTalk.com, and ClarkCountyalk.com
Investment:
Retail: $84,000
Page 629 of 704
Special pricing: $40,000 *
Special pricing:
Our sister companies are offering reduced “package” discounts in pricing to create a package deal that is a
win for all stakeholders, which is reflected in the “price match” in the application.
Sister companies:
WhatcomTalk
SkagitTalk
SnohomishTalk
SouthSoundTalk
ThurstonTalk
LewisTalk
GraysHarborTalk
ClarkCountyTalk
Page 630 of 704
NorthAmericaTalk History
NorthAmericaTalk is a digital media company building and operating Community Social
Networks™. Through our proprietary technology and sales tools, we are disrupting the
media landscape, while building a trusted, valuable, local media brand. Today, our
media organizations cover an audience of 5,100,000 neighbors in Washington and
Oregon State. Our fast-growing, community focused media companies span the Pacific
Northwest. We count hundreds of marketers as long-term customers that use our
platforms to reach their target market, grow their brand, and measure results.
Our Community Social Networks™ are online publications that serve as a way of
connecting community members with the places they live, play, and stay, and as a way
of connecting them with the local businesses and organizations that form the economic,
cultural, and social fabric of their communities.
For more information about our Community Social Networks™, please refer to the attached media kit.
Page 631 of 704
Page 670 of 704
As a direct result of your proposed tourism-related service, provide an
estimate of:
What method was used to
determine attendance in previous
years?
a.Overall Attendance
Enter the total number of people predicted to
attend this activity and select the method used to
determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
b.Attendance, 50+ Miles
Number of people predicted to travel more than
50 miles to attend this activity and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
c.Attendance, Out of State, Out of Country
Of the total listed in "b" above, number of people
predicted to travel from another state and country
and select the method used to determine the
attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
d.Attendance, Paid for Overnight Lodging
Enter the number of predicted to attend this activity
and pay for overnight lodging and select the method
used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
e.Attendance, Did Not Pay for Overnight Lodging
Enter the number of predicted to attend this activity
without paying for overnight lodging and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
I am an authorized agent of the organization/agency applying for funding. I understand that:
Funds must be expended within the calendar year.
Reporting requirements meeting state guidelines outlined in this application must be submitted with
final request for reimbursement.
All funded requests will be monitored for progress and consistency with scope and time line as outlined.
All requests for reimbursement for approved costs shall be in writing and shall have supporting
documentation to verify the expenditure of the funds included in request.
The State of Washington requires an estimate for the following questions below:
Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle
counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as
hotels, restaurants or tour guides, likely to be affected by an event.
Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount
certificates, brochures handed out, police requirements for crowd control or visual estimates.
Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a highly structured
data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire
population attending an event and includes margin of error and confidence level.
Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not
representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a
limited indicator of attendance because not all participants had an equal chance of being included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction
estimated attendance by dividing the square footage of the event area by the international building code allowance for persons
3 square feet).
Signature:Name (Printed):
Date:
f.Paid Lodging Nights Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
Enter the number of predicted paid lodging nights and
select the method used to determine the attendance.
Lodging night = one or more persons in one room
Page 671 of 704
Attachment to Application for 2023 Pasco Lodging Tax Funds
Special Olympics Washington Fall Games, November 2023
Description:
For Special Olympics, the state of Washington is divided into three regions, Southwest, Northwest, and
East. In 2017 and 2018, the State Fall Games were held in the Seattle/Tacoma/Everett area. In 2019
and 2022, the East Region hosted the Fall Games in the Tri-Cities. Due to the Covid-19 pandemic, the
statewide Fall Games were not conducted in 2020 nor in 2021. For 2022, the East Regional Fall Games
will be held October 16 in Pasco. The Fall State Games is the final event of the Fall season. These Games
are the season’s biggest stage for Special Olympics athletes to demonstrate their athleticism and talent.
Participants and their families and coaches from across the state of Washington are expected to attend.
Teams throughout Washington state compete at Regional’s for their spot to represent their local
program at State Games.
For the 2023 Fall Games, 750 athletes are expected to be competing in one of four events: flag football,
volleyball, bowling, and artistic gymnastics. Participants, coaches, and families are expected to travel to
the Tri-Cities on Friday, November 17. Opening ceremonies will be held Friday evening. The Games
themselves will be conducted on Saturday, November 18, with bowling, flag football, and volleyball
continuing Sunday, November 19. The events will begin at 8:00 am on Saturday and conclude by
approximately noon on Sunday. A Victory Dinner and Dance will be held Saturday evening for the
athletes. Some participants will return home on Saturday, but most are expected to return home on
Sunday.
The venues for the opening ceremonies, dinner/dance and four competitions have not been finalized for
2022 or 2023, but in 2019, each of Tri-Cities hosted two of the events. The Hapo Center hosted the
Opening Ceremonies Friday evening, and Chiawana High School hosted the Victory Dinner and Dance,
Olympic Town, and Healthy Athletes. A large fraction of the athletes and coaches stayed at the Pasco
Red Lion Hotel and Conference Center in 2019 and will again in 2022.
Special Olympics Washington is the primary organizer for Special Olympics activities and events at the
local, regional, and state level across the state of Washington. In the Tri-Cities, Special Olympics is
teaming with The Arc of Tri-Cities. The Arc has responsibility for organizing and conducting athletic
events for the Benton and Franklin bi-county area.
We will also be requesting financial support from Visit Tri-Cities Hotel/Motel Commission, City of
Kennewick, and City of Richland.
Funding Outline
Amount Requested: $10,000
As a percent of total project cost: 5.0%
Total Project Budget: $186,900.00
Revenue Sources
Special Olympics Washington is a registered 501(c) (3) non-profit organization supported entirely by
individual, corporate and foundation contributions. Athletes participate at no cost to themselves or
their families.
Page 672 of 704
We will also be requesting financial support from Visit Tri-Cities Hotel/Motel Commission, City of
Kennewick, and City of Richland.
Expenditures:
Description Amount
Housing $130,000
Food $27,100
Facilities $17,000
Equipment/Supplies $6,500
Rental Equipment $6,300
Total $186,900
Page 673 of 704
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As a direct result of your proposed tourism-related service, provide an
estimate of:
What method was used to
determine attendance in previous
years?
a.Overall Attendance
Enter the total number of people predicted to
attend this activity and select the method used to
determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
b.Attendance, 50+ Miles
Number of people predicted to travel more than
50 miles to attend this activity and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
c.Attendance, Out of State, Out of Country
Of the total listed in "b" above, number of people
predicted to travel from another state and country
and select the method used to determine the
attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
d.Attendance, Paid for Overnight Lodging
Enter the number of predicted to attend this activity
and pay for overnight lodging and select the method
used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
e.Attendance, Did Not Pay for Overnight Lodging
Enter the number of predicted to attend this activity
without paying for overnight lodging and select the
method used to determine the attendance.
Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
I am an authorized agent of the organization/agency applying for funding. I understand that:
Funds must be expended within the calendar year.
Reporting requirements meeting state guidelines outlined in this application must be submitted with
final request for reimbursement.
All funded requests will be monitored for progress and consistency with scope and time line as outlined.
All requests for reimbursement for approved costs shall be in writing and shall have supporting
documentation to verify the expenditure of the funds included in request.
The State of Washington requires an estimate for the following questions below:
Signature:Name (Printed):
Date:
f.Paid Lodging Nights Predicted:
Direct Count
Indirect Count
Representative Survey
Informal Survey
Structured Estimate
Enter the number of predicted paid lodging nights and
select the method used to determine the attendance.
Lodging night = one or more persons in one room
Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle
counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as
hotels, restaurants or tour guides, likely to be affected by an event.
Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount
certificates, brochures handed out, police requirements for crowd control or visual estimates.
Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a highly structured
data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire
population attending an event and includes margin of error and confidence level.
Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not
representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a
limited indicator of attendance because not all participants had an equal chance of being included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction
estimated attendance by dividing the square footage of the event area by the international building code allowance for persons
3 square feet).
The following overall attendance is for Pasco Conventions and Sports only as reported in the Convention & Sports Digest in 2019 as
2023 is expected to perform near 2019 levels. Business and Individual Travel are not included.
The Attendance for Paid Overnight Lodging is calculated based on the total number of Paid Lodging Nights and an average of1.5 people per room per night.
Number ofsold guest rooms in
Pasco in 2021 reported by STR
Page 680 of 704
7130 W. Grandridge Blvd., Suite BKennewick, WA 99336509-735-84861-800-254-5824www.VisitTRI-CITIES.cominfo@VisitTRI-CITIES.com
September 21, 2022
Ms. Angela Pashon
City of Pasco
P.O. Box 293
Pasco, WA 99301
SUBJECT: Visit Tri-Cities 2023 Hotel/Motel Tax Fund Application
Dear Ms. Pashon:
We appreciate the opportunity to again submit an application for lodging tax to support our efforts to
market Pasco and the entire region as a premier travel destination. The City of Pasco and Visit Tri-
Cities have a signed agreement for the promotion of tourism that was approved by the Pasco City
Council and the Pasco Lodging Tax Advisory Committee (LTAC). The agreement went into effect on
January 1, 2021 and will expire on December 31, 2025. The Cities of Kennewick and Richland also
have the same agreements established. In order to remain compliant with HB 1253, enclosed is Visit
Tri-Cities’ 2023 Hotel/Motel Tax Fund Application for the LTAC to review.
By investing lodging tax dollars with Visit Tri-Cities, the City of Pasco receives a multi-faceted
approach to marketing the city to visitors, business investors and those looking to relocate. The
enclosed application outlines the deliverables and services provided as outlined in the contract.
If you would like any additional copies of the application or if I can answer any questions, please
contact me.
Sincerely,
Kim Shugart
Senior Vice President
Enclosures
Page 681 of 704
ANNUAL REPORT
2021
A Year in Review
VisitTri-Cities.com Page 682 of 704
MICHAEL NOVAKOVICH
President & CEO
COREY PEARSON
Chairman of the Board
A Message from the Chairman of the Board
and the President and CEO
OUR
VISION
OURMISSIONInspire
wanderlust for abold yet
casual, geeky but cool, magical
experience in wide-open spaces.
We make the Tri-Cities bigger,
bolder, brighter, better and
more cool through tourism.
Dear Tourism Partners,
Itseems like an understatement to say the pandemic continued to upset our normal
routines and business activities in this past year. This was certainly true oftourism.
That said, we more than survived, wemade significant investments to position our
community well to achieve greater outcomes for years to come. It iswith the greatest of
appreciation that we report to you the significant accomplishments we achieved thanks
toyour support and partnership. The following Annual Report showcases the many ways
we championed tourism recovery together.
To bring back the safe return oftourism while preserving local businesses, jobs,
community health and economic vitality, Visit Tri-Cities partnered with Benton and
Franklin Counties, the Cities of Kennewick, Pasco, Richland, West Richland, Prosser,
Benton City and theBenton Franklin Health District to provide COVID mitigation
communications to ourregion. Infact, our team was recognized in late 2021 by the
Destination Marketing Association ofthe West with an Outstanding Achievement Best
Idea Award for our innovative COVID mitigation communications.
As excited as we are about our many accomplishments, 2021 got off to a slow start as
our State was still operating under aphased approach, which crippled our ability to host
meetings, conventions, and sports. VisitTri-Cities worked directly with the Governor’s
Policy Office, Washington State Department of Health, and Labor & Industries through
a small coalition of tourism leaders across theState to safely bring back meetings and
conventions business. Our group, the Washington Safe Meetings Coalition, had success in
advancing these opportunities that are significant economic drivers.
Early spring of 2021 sports teams were unable to compete due to phased restrictions.
However, once teams had the ability to hit the fields it was game on! We were excited to
host nearly 100 teams for our largest baseball tournament in June and 80 softball teams
who competed inlate season play in October. These are only two examples of the many
sporting events that took place, which also included the Tri-Cities Water Follies and the
WIAA State Cross Country Meet. Sports truly were a bright spot.
Leisure travel continued to reign supreme as we saw asteady stream ofvisitors in our
community enjoying the Heart ofWashington Wine County, outdoor recreation, and our
growing food and craft beverage scene. The return of performing arts aided in attracting
visitors to ourregion as did the return of many of our festivals like Art in the Park. Our
partners in the leisure and hospitality space have done a dynamite job ofsafely hosting
visitors. Hospitality workforce shortages continue to bean issue for many. To address
this, Visit Tri-Cities ran a hospitality workforce recruitment campaign highlighting how
these jobs can provide ladder opportunities to managerial positions.
To aid these businesses and drive economic recovery, in July oflast year we launched our
new membership model, which eliminates dues for qualifying tourism-related businesses
that attract visitation toBenton and Franklin Counties. This change allows us to better serve
ourcommunity by showcasing all tourism-related aspects of our region rather than only dues
paying members. This gives the Tri-Cities amore competitive position as avisitor destination.
It also provides greater opportunity to embrace the diversity ofour community inan
inclusive manner.
Additionally, we launched a suite of digital products tocompel visitation, enrich visitors’
experiences, and influence visitor spending. Residents can enjoy these same offerings, which
include thenew digital passes like our Indoor Adventure Pass. We also launched a virtual tour
called SkyNav, which provides 360-degree bird’s eye views ofthe Tri-Cities as well as tours of
various local establishments.
We officially launched our newVisitTri-Cities.com website in November that includes an
itinerary builder, user generated content and image gallery. Visitors can book a room, find
great dining, entertainment, SkyNav, our digital passes, our new Calendar ofEvents and more.
Tourism is big business and asignificant economic engine for our region. Even during COVID.
In2020 Visit Tri-Cities helped drive $345 million in visitor spending locally andgenerated
nearly $40 million in state and local tax revenue. We are expecting the outcomes of 2021
to look substantially better when we receive our official visitor impact statement in Q2 of
this year.
Our Annual Report serves as areminder that tourism helps small businesses thrive and helps
attract new business and supports thousands of local jobs. The nearly $40 million in state and
local taxes generated by visitors last year helps lower Tri-Citians’ tax burden by roughly $400
per household. Even better, these taxes help tofund police and fire, schools and teachers,
roads, parks and more. In short, the work we dotouches every Tri-Citian in a positive way and
helps to build a safe, educated, employed and beautiful community filled with many amenities
for all to enjoy. The work ofVisitTri-Cities together with you, our partners, enhances quality
oflife for every Tri-Citian. So, get out there, enjoy our community, share it on your socials
and invite your friends and family for a visit. You truly are helping to champion thereturn of
tourism and enhanced quality oflife for every single Tri-Citian to enjoy.
Page 683 of 704
HOTELSSPENDING
BREAKDOWN
IMPERATIVE: ADVOCATE FOR THE
DEVELOPMENT OF CRITICAL
TOURISM INFRASTRUCTURE
WHY Tourism MATTERS
344.7
million
VISITOR SPENDING
Creates 4,132 jobs
in Benton and
Franklin Counties
Sales tax revenue generated by
tourism reduces each household’s
annual tax burden in Benton and
Franklin Counties by an average of
391
Visitor Spending
represented in this report
reflect the economic
impact of tourism in the
Tri-Cities for the year
of 2020. The economic
impacts of tourism in our
community for 2021 are
not yet available.
85.4million
FOOD & BEVERAGE $
55.1million
TRANSPORTATION
90.4million
RETAIL
52.0million
RECREATION $
61.8million
HOTELS
Kennewick Pasco Richland Totals
2017 $568,745 $323,445 $536,682 $1,428,872
2018 $592,249 $343,642 $598,997 $1,534,888
2019 $592,210 $324,642 $633,862 $1,550,963
2020 $277,886 $151,941 $270,733 $700,560
2021 $502,862 $332,854 $581,566 $1,417,282
3,776 HOTEL GUEST ROOMS AVAILABLE
HOTEL MOTEL TAX DISTRIBUTIONS
IMPERATIVE: DEMONSTRATE VALUE TO OUR
PARTNERS, MEMBERS AND COMMUNITY
25%
15%
26%
16%
18%
Page 684 of 704
IMPERATIVE: DEMONSTRATE VALUE TO OUR STAKEHOLDERS,
PARTNERS AND COMMUNITIES
MARKETING & PRODUCT DEVELOPMENT
Generating additional cash flow into the region through visitor spending isimportant
for the local economy. Visitor spending improves the business climate and offers
opportunities for new endeavors to thrive. Visit Tri-Cities promotes the region asa
premier destination for meetings, conventions, sports and leisure travel.
Visit Tri-Cities’ Convention Marketing, Sports Marketing and Marketing Department
departments all incorporate sales-driven strategies directed atmarkets with the greatest
potential tobring new visitor dollars tothe region. While marketing isimportant,
product development is apriority aswell. Through the Tri-Cities Rivershore Enhancement
Council (TREC), VisitTri-Cities works with local jurisdictions and hospitality partners to
ensure that attractions are upgraded or added to the community in order tocontinue
offering fresh experiences for visitors.
1,804,930 (54%)
TOURISM PROMOTION AREA
CITY CONTRACTS
679,594 (20%)
COUNTY AND CITY
MARKETING CONTRACTS
326,734 (10%)
MEMBERSHIP/
CORPORATE
238,627 (7%)
GRANTS
54,444 (2%)
PPP FORGIVENESS
245,835 (7%)
3,350,164
Total Revenues
Revenue Summary
Visit Tri-Cities at a Glance
2,597,644
Total Expenses
DESTINATION MARKETING
1,099,785 (42%)
CONVENTION/SPORTS
SALES & MARKETING
674,968 (26%)
ADMINISTRATION
383,245 (15%)
COUNTY/COVID
COMMUNICATIONS
260,003 (10%)
VISITOR CENTER
121,766 (5%)
MEMBERSHIP
57,877 (2%)
Expense Summary
Page 685 of 704
TOURISM DEVELOPMENTVisit Tri-Cities manages tourism-related programs
and infastructure within the community to positionthe Tri-
Cities as a desirable and compelling visitor
destination.The Visit Tri-Cities’ website was emphasized asa
community portal in all advertisements and visitor publications
throughout the year. We activily encouraged all visitors to visit our
website.IMPERATIVE: ESTABLISH BRAND CLARITY AND
INCREASE AWARENESS THROUGH UNIFIED
EFFORTS 518,475
PAGEVIEWS 231,359 UNIQUE
VISITORS Website
Highlights AIRPORT/
CONVENTION CENTER
KIOSKS 2,735 UNIQUE
VISITOR 12,914 PAGE
VIEWS TBEXTriCitie
s VisitTri-Cities.co
m CORPORATE
SPONSOR:Washington River Protection
Solutions MEDIA OUTREACH26,505
FACEBOOK FOLLOWERS 10,721
INSTAGRAM FOLLOWERS 6,218
TWITTER FOLLOWERS 1,584
LINKEDIN FOLLOWERS
CORPORATE SPONSOR:
Hanford Mission Integration
Solutions (HMIS)
70 STORIES 1,074,733,
123 IMPRESSIONS 10 TRAVEL CONTENT
CREATORS HOSTED ADVERTISING& MARKETINGVisit Tri-
Cities develops and deploys
a robust marketing plan
annually, using a variety
ofeffective tactics to raise
brand awareness of
theTri-Cities In an effort to reach as many
visitors as possible, Visit Tri-Cities
maximizes destination exposure through digital, social
advertising, broadcast media TV and radio) and print. This
approach reaches a broad
and diverse audience.Tourismcampaigns deployed
in 2021 earned:33,784,839 IMPRESSIONS AND 83,
264 CLICK THROUGHS
COVID-19 COMMUNICATIONS Visit Tri-Cities secured CARES ACT grant
money from local jurisdictions to develop and execute
in-market advertising campaigns to encourage COVID-19
mitigation behaviors and information regarding the vaccine, improve the
health of our community and
continueeconomic recovery.34 creatives developed and deployed
through digital, broadcast TV &
radio) and social. The digital
and social campaigns earned 3,
340,392 impressions and 7,846
click throughs
to
promoted websites. ENGLISH:2,
252TV SPOTS
1,
604
RADIO SPOTS SPANISH:1,
922 TV SPOTS
1,
684 RADIO SPOTS CONVENTIONS& SPORTSThe
sales department’s primary focus is
to market to convention, sports
and group meeting planners
through directsales contacts,
advertising in targeted periodicals
and attending industry events. These
activities mean “heads in beds”
that generate significant tax
revenues for our community.77
CONVENTIONS, SPORTS & GROUP ACTIVITIES
68,157 VISITORS ATTRACTED 12,623,485
CONVENTION AND
SPORTS SPENDING TO REGION 21 events scheduled to take
place in 2021were canceled due to COVID-
19, representing 6,510 visitors and $3,081,
830 in
visitor
spending.2021 PROGRAM HIGHLIGHTS 113 FUTURE
CONVENTIONS, MEETINGS
AND SPORTS
EVENTS BOOKED.2022 & BEYOND
87,895 FUTURE VISITORS 24,273,
806FUTURE VISITOR SPENDING 1 event scheduled to take
place in 2022 was canceled due to COVID-
19, representing 60 visitorsand $66,
855
in visitor spending.TRI-CITY
REGIONALHOTEL-MOTELCOMMISSIONKENNEWICK Mark Blotz, Clover
Island Inn Jerry Beach, A-1 Hospitality
Marie
Mosley, Ex Officio, City of Kennewick PASCO Monica
Hammerberg, Hampton Inn & Suites Pasco /
Tri-Cities Vijay Patel, A-1 Hospitality
Dave
Zabell, Ex Officio, City of Pasco RICHLAND
Wendy Higgins, The Lodgeat
Columbia Point LindaHendricks, Hampton InnRichland
Jon Amundson, Ex
Officio, City
of Richland VISIT TRI-
CITIES COUNCILS• Tri-
Cities Rivershore
Enhancement Council Tri-
Cities Sports
Council Tri-Cities Wine
Board Member and Stakeholder/CEO One-on-One Meetings
Launched Tri-Cities Summer Savings Pass and theTri-Cities Wine Pass available on
VTC website
Launched advertising campaign in San Diego
May 3: Launched Excellence inService Award Program
May 3-7: National Tourism Week
May 18-20: Sports ETA SportsBIZ XChange II
May 18-19: SkyNAV Presentation and Demo to Tri-Cities Wine Council and Stakeholders
May 20: In partnership with the Washington State Safe Meetings Coalition, Visit Tri-Cities
supported efforts to increase meeting occupancies from 400 to 1,000 attendees through
the Governor’s Office
May 20: MyTR! All Council Meeting
May 25L: Tri-Cities Presentation to Kiwanis Club
May 25-28: Hosted TBEX (Travel Bloggers Exchange) Site Visit
Launched an outbound campaign titled, “When it’stime for you to travel”
Board Member and Stakeholder/CEO One-on-One Meetings
February 5: Columbia Basin Fund/Snake River Dams Meeting
February 12: Tourism Recovery Strategy Session with Hotel Partners
February 15: Benton and Franklin advanced intoPhase 2ofthe Washington State Roadmap to
Recovery Map
February 15-16: Performing Arts Sector Reopening Plan Meetings
February 16: New Board Member Orientation Meeting
February 26: Wander Washington Tri-Cities Virtual Experience
February 26: GoWest Summit Digital Event
2021 A Year in Review
JANUARY
Launched weekly Tri-Cities Business Spotlight video series
Launched local vaccination distribution campaign in partnership with the Benton-Franklin
Health District and eight jurisdictional partners
Continued toexecute an in-market advertising campaign toencourage COVID-19safety
protocols and improve the health of our community to re-open businesses and welcome
invisitors.
Actively involved with Washington State Legislation Bills: SB 5114 – Safely Reopening
Washington, HB 1069 – Use of Lodging Tax and HB 1018 – Boater Education
January 8: Coffee with Karl – Community Resolutions Guest Speaker
January 13: Testified Opposing State House Bill 1069 – Use of Lodging Tax
January 19: Visit Tri-Cities Staff Strategic Planning Session
January 21: Confederated Tribes of the Umatilla Indian Reservation Presentation onCultural
Resources Protection Program & First Food Program
January 26: U.S. Congressman Dan Newhouse Community Priorities Meeting
January 28: Community Conversations with Fire Departments
FEBRUARY
MARCH
Presentations ofthe 2020 Annual Report, 2021 Work Plan andTPA Reserve Requests to
Kennewick, Pasco and Richland City Council
Launched an outbound marketing campaign to capitalize on the Return ofthe Road Trip
VTC Board Member and Stakeholder/CEO One-on-One Meetings
March 3-18: DMA West Tech Summit Digital Sessions
March 5: Coffee with Karl - TRIDEC’s Economic Outlook Life in the Tri Guest Speaker
March 9: Washington State Safe Meetings Coalition Meeting with the Governor’sOffice
March 13: Emcee – Mid-Columbia Arts Fundraiser
March 22: Benton and Franklin Counties advanced into Phase 2of theWashington State
Roadmap to Recovery Map
March 25: Tri-Cities Virtual Customer Appreciation Luncheon and Keynote Presentation from
Peggy Vasquez, “Harnessing aPositive Mindset” for 43 key meeting professionals
March 30: Provided public comment to the State of Washington Energy Facility Site Evaluation
Council onthe Horse Heaven Wind Farm Project
APRIL
Board Member and Stakeholder/CEO One-on-One Meetings
Launched an immersive 360 tour ofthe Tri-Cities produced bySKYNAV, amarketing platform
that creates a dynamic virtual experience with stunning aerial to ground spherical imagery.
Launched Paddle, Pedal and Relax advertising campaign
April 1: TPA Assessment Increases from $2.00 to $3.00
April 1: Port of Kennewick COVID-19 Economic Impact Study Meeting
April 1: Richland Lodging Tax Advisory Committee
April 2: Columbia Basin College Strategic Planning Community Feedback Session
April 6: Presentation of VisitTri-Cities 2020 Annual Report toWest Richland City Council
April 7: Destinations International (DI) Sales andServices Summit
April l7: American Society ofTravel Advisors (ASTA), Eastern Washington Virtual Showcase
April 17-25: Produced videos tohighlight Tri-Cities attractions during National Park Week
April 20: Manhattan Project National Historical Park Stakeholder Engagement Meeting
April 20 -22: SkyNAV Presentations and Demo toHospitality Partners
April 21: Meeting with Governor’sOffice and the States Policy Office to create a feasible path
forward forOutdoor Special Events
April 22: Visit Tri-Cities in partnership with Benton & Franklin counties and the
Benton-Franklin Health District submitted aproposal for Outdoor Special Events guidelines
to the Governor’sOffice.
April 27: Hanford Communities Community Conversation andpresentation of
marketing strategies
MAY
JUNE
Launched weekly “Your Weekend Starts Here” videos
June 9 : Washington Tourism Alliance (WTA) Wine Country Destination
Development Workshop
June 9: VTC Board Member and Stakeholder/CEO One-on-One Meetings VTC
June 10-11: Washington Society ofAssociation Executives (WSAE) Annual
Conference - Co-Chair, Emcee
June 14: Washington Tourism Alliance (WTA) Agri-Tourism Meeting
June 15-16: Washington Tourism Alliance (WTA) Board of Directors Retreat, Yakima
June 16: Island View to Vista Field Public Advisory Committee
June 24: Micro Mobility PilotProgram Feasibility Meeting
June 30: Benton and Franklin Counties fully opened under the Governor’s Ready
Washington Plan
JULY
Launched new membership program
Launched Water Follies advertising campaign inthe Puget Sound region
July 1: Coffee with Karl, “Tourism & Economic Recovery” Guest Speaker
July 6: MMGY Strategic Planning Kick-off Meeting
July 8: Tri-Cities Presentation toDay Break Columbia Rotary Club
July 8: Tri-Cities Presentation tothe Pasco Kiwanis Club
July 12-16: Destinations International (DI) Annual Convention, Baltimore, MD
July 15: Launched Destination Next assessment survey forVTC Strategic Plan
July 29: Visit Tri-Cities Staff Retreat
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AUGUST
MMGY Consultants conducted meetings with community leaders and key stakeholders to
assist in developing VTC Strategic Plan
August 10: City ofPasco Business Advisory Council Meeting
August 13: COVID-19 Mitigation Press Conference with Benton Franklin Health District
August 16: Value ofTourism andVTC to Sportsman’s Caucus with Legislative Elected Officials
August 20: Launch of VisitTri-Cities new Website
August 23: Tri-Cities Presentation to Horse Heaven Hill Kiwanis Club
August 25: Pasco Lodging Tax Advisory Committee (LTAC) Meeting
SEPTEMBER
September 8: VTC Board of Directors Strategic Planning with MMGY Consultants
September 9: VTC Executive Leadership Team (ELT) Strategic Planning with MMGY Consultants
September 21: PRSA Presentation – “Building Bridges and Collaborating Across Communities”
September 27- 30: TEAMS Conference, Atlantic City, NJ
September 28: Received the Best Idea Program Outstanding Achievement Award by
the Destination Marketing Association of the West (DMA West) for our Pandemic
Response Campaign
September 28-October 1: DMA West Education Summit, Vancouver, WA
OCTOBER
Presentations ofthe 2022 TPA Budget and Marketing Plan to Kennewick, Pasco and
Richland City Councils
October 6: City of Pasco Lewis Street Open House
October 7: CEO/Board Meeting Collaboration Meeting
October 11-13: S.P.O.R.T.S. Relationship Conference, Colorado Springs, CO
October 14: Kennewick Lodging Tax Advisory Committee (LTAC) Meeting
October 15: EWU Edge Program: Powering the Hispanic Workforce
October 15: Tri-Cities Presentation toKiwanis Club
October 20: Business Group Meeting withKing County Officials
October 25-29: Sports ETA Sports Event Symposium, Birmingham, AL
October 27: Horse Heaven Wind Project Driving Tour with Scout Clean Energy
NOVEMBER
November 2: City of Pasco Master Plan Advisory Committee
November 4: VisitTri-Cities Annual Meeting: Champions ofTourism Recovery
November 10: Society of Government Meeting Professionals November Meeting
November 15: Columbia Basin College Performing Arts Center Meeting
November 16: Richland Lodging Tax Advisory Council (LTAC) Meeting
November 18-19: Olympia Sales Trip
November 24: Michael Novakovich, President & CEO ofVisit Tri-Cities, guest on DMO Proz Podcast with Bill Geist
DECEMBER
Launched Consumer Sentiment In-Depth Interviews
Launched NewTourism Membership Campaign
Tri-Cities Indoor Adventure Pass Launched
Launched Tri-Cities Meeting Planner’s Guide
December 1: Arts Center Task Force Fundraising Breakfast - Emcee
December 2: Benton-Franklin River Heritage Foundation Annual Meeting
December 6-8: US Sports Congress, Frisco, TX
December 9: Visit Tri-Cities Virtual FAM Tour and Lunch for39 Meeting Professionals
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RIVERSHORE ENHANCEMENT
CORPORATE SPONSOR:
BECHTEL NATIONAL INC.
2021 Visitor Inquiries
1,961 Telephone Email & Direct Mail
Visit Tri-Cities isthe only organization dedicated topromoting the entire Tri-Cities area for leisure and group travel.
Visit Tri-Cities offers a U.S. toll-free number for visitor inquiries and responds to requests for relocation, vacations, meetings, sports and community information.
Visitor Center staff provide travel information, manage a community-wide events calendar and website, provide information through the Visitor Center, and
maintain an informational kiosk atthe Tri-Cities Airport and two satellite Visitor Centers.
450 In-person Visitors
RIVERSHORE, HERITAGE & ECO-TOURISM
The Tri-Cities Rivershore Enhancement Council (TREC) ismade up of executive leaders from the cities of
Kennewick, Pasco, Richland and West Richland; Benton and Franklin Counties; the ports of Benton,
Kennewick and Pasco; and VisitTri-Cities; and is sponsored by Bechtel National, Inc.
TREC’s mission isto act as acommunity catalyst for shoreline enhancement to achieve economic diversification
and to improve quality of life. The Rivershore Master Plan IIoutlines overarching themes for improving shoreline
areas including: wayfinding signage; art, culture and heritage; viewpoints and user amenities; water oriented
activities; birding and wildlife viewing; inland linkages; and organized events.
Each of the participating jurisdictions also worked on individual projects along the shoreline and adjacent parks
that will add to the overall positive experience ofvisitors to theregion.
STEM TOURISM
CORPORATE SPONSOR:BATTELLEVisitTri-Cities’ STEM Tourism focuses onthe unique STEM-related aspects of our community. STEM tourism
endeavors enhance the livelihoods of residents, recruits and employees through STEM assets and attractions as
well asour rich cultural history.
STEM TOURISM
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Visit Tri-Cities Governance
2021 EXECUTIVE COMMITTEE
CHAIR:
PAST CHAIR:
FIRST VICE CHAIR:
VICE CHAIR:
VICE CHAIR:
VICE CHAIR:
TREASURER:
LEGAL COUNSEL:
CPA:
Rob Roxburgh, Central Plateau Cleanup Company
Kathy Moore, The Hotel Group
Corey Pearson, Three Rivers Campus
Vijay Patel, A-1 Hospitality
Buck Taft, Tri-Cities Airport/Port of Pasco
Staci West, Bechtel National, Inc.
Ron Hue
John Raschko, Miller Mertens & Comfort, P.L.L.C.
Monte Nail, CPA
VISIT TRI-CITIES STAFF
Michael Novakovich, President & CEO
Kim Shugart, Senior Vice President
Hector Cruz, Vice President
Gretchen Guerrero, Director of Operations
Lara Watkins, Director of Convention Sales
Karisa Saywers, Director of Marketing
Maria Alleman, Convention Sales Manager
Natalie Clifton, Sports & Conventions Sales Manager
Linda Tedone, Sales Administrative Assistant
Chase Wharton, Business Development Manager
Austin Wingle, Marketing Manager
Amber Maiden, Guest & Group Service Specialist
OVERVIEW
FOUNDED:
STAFF:
STRUCTURE:
MEMBERS:
WEBSITES:
1969 as a non-profit organization
12full-timeemployees
Governed by a 42-member
Board of Directors
315
www.VisitTriCities.com
www.VisitTri-Cities.com
www.VisitTri-Cities.org
www.VisitTri-Cities.travel
www.TravelTri-Cities.com
www.TravelTriCities.com
www.GolfWineCountry.com
www.FriendsofOurTrail.com
Deborah Barnard, Barnard Griffin Winery
Commissioner Don Barnes, Port of Kennewick
Jerry Beach, A-1 Hospitality
Troy Berglund, West Richland Chamber of Commerce
Mark Blotz, Clover Island Inn
Washington State Representative Matt Boehnke
Washington State Senator Sharon Brown
Council Member Rich Buel, City of West Richland
Jennifer Cunnington, Movement Mortgage
Karl Dye, TRIDEC
Colleen French, Department of Energy
Shae Frichette, Frichette Winery
Mike Hall, Ice Harbor Brewing
Monica Hammerberg, Hampton Inn + Suites Pasco
Colin Hastings, Pasco Chamber of Commerce
Sandra Haynes, WSU Tri-Cities
Trish Herron, Battelle
Wendy Higgins, The Lodge at Columbia Point
Diahann Howard, Port of Benton
Council Member Phillip Lemley, City of Richland
Brian Lubanski, Townsquare Media
Lori Mattson, Tri-City Regional Chamber of Commerce
Commissioner Will McKay, Benton County
Brent Miles, Tri-City Dust Devils
Commissioner Rocky Mullen, Franklin County
Maynard Plahuta, B Reactor Museum Association
GabrielPortugal, Tri-Cities Hispanic Chamber of Commerce
Dara Quinn, Emerald of Siam
Justin Raffa, Mid-Columbia Mastersingers
Council Member Zahra Roach, City of Pasco
Rosanna Sharpe, The REACH Museum
Council Member Chuck Torelli, City of Kennewick
Rebekah Woods, Columbia Basin College
2021 BOARD OF DIRECTORS
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MembershipECONOMIC DEVELOPMENT
PARTNERS
City of Kennewick
City of Pasco
City of Richland
Tri-City Regional Hotel Motel Commission
DIAMOND
Battelle
Bechtel National, Inc.
Central Plateau Cleanup Company
Hanford Mission Integration Solutions
Three Rivers Convention Center
Toyota Center
Washington River Protection Solutions
PLATINUM
Ben Franklin Transit
Benton County
Benton PUD
City of West Richland
Energy Northwest
Franklin County
Franklin PUD
Port of Benton
Port of Kennewick
Port of Pasco
The HAPO Center
GOLD
Best Western Premier Pasco Inn & Suites
Clover Island Inn
Comfort Suites Kennewick at Southridge
Courtyard by Marriott Richland Columbia Point
Hilton Garden Inn Kennewick
Holiday Inn Express & Suites Pasco Tri-Cities
Holiday Inn Richland on the River
Red Lion Hotel & Conference Center Pasco
Red Lion Hotel Kennewick Columbia Center
Riverfront Hotel, SureStay Collection by Best Western
SpringHill Suites by Marriott Kennewick
SILVER
Baymont Inn & Suites
Best Western Kennewick Tri-Cities Center Hotel
Best Western Plus Kennewick Inn
Comfort Inn
Courtyard by Marriott Pasco Tri-Cities Airport
Fairfield Inn
Hampton Inn & Suites Pasco/Tri-Cities
Hampton Inn Kennewick at Southridge
Hampton Inn Richland
Holiday Inn Express Hotel & Suites Richland
Home2 Suites by Hilton
Homewood Suites by Hilton - Richland
Kennewick Suites
La Quinta Inn & Suites
Motel 6/Studio 6 Kennewick
My Place Hotel
Red Lion Inn & Suites Kennewick Tri-Cities
Sleep Inn Pasco Tri-Cities
Super 8 Kennewick
The Lodge at Columbia Point
TownePlace Suites by Marriott
Woodspring Suites
STANDARD MEMBERSHIP
14 Hands Winery
3 Eyed Fish Kitchen + Wine Bar
3 Rivers Folklife Society
A & A Motorcoach
AAA Washington
Academy of Children’sTheatre
Ace Jewelry & Loan
Adventures Underground
Airfield Estates
AJ’s Edible Arts, Inc.
Alaska Airlines
Alexandria Nicole Cellars
Alexandria Nicole Cellars Destiny Ridge Tasting Room
Allied Arts Association - Gallery at the Park
Anelare Winery
Anthology Event Venue by Castle Event Catering
Anthony’s at Columbia Point
Arlene’s Flowers & Gifts
Art on the Columbia
Arts Center Task Force
Aspen Limo Tours
At Michele’s
Atomic Ale Brewpub & Eatery
Atomic Bowl & Jokers Lounge & Casino
AXE KPR Hatchet Range
Azteca
B Reactor Museum Association (BRMA)
Badger Mountain Vineyard/Powers Winery
Barnard Griffin Winery
Baum’s
Bella Italia Restaurant
Bergstrom Aircraft, Inc.
Bill’s Berry Farm
Bingo Boulevard
Bite at the Landing
Black Heron Spirits, LLC
Bob’s Burgers and Brew - Kennewick
Bob’s Burgers and Brew - Richland
Boiada Brazilian Grill
Bombing Range Brewing Company
Brews Taphouse & Growler Fills
Brick House Pizza
Budd’s Broiler by Anthony’s Restaurants
Buds and Blossoms too
Burger Ranch, Kennewick
Burger Ranch - Pasco
Canyon Lakes Golf Course
Catering to You
Cave B Estate Winery
Cedars at Pier 1
CG Public House & Catering
Chandler Reach Vineyards
Chapala Express
Chaplaincy Repeat Boutique
Cherry Chalet Bed & Breakfast
Chuck E. Cheese
Chukar Cherries
Visit Tri-Cities membership is the foundation of our organization’s
programs and our ability to attract visitors to our region. Our
members provide unique and inclusive opportunities that are
of interest to travelers and help build better quality of life for
residents. In turn, Visit Tri-Cities isdevoted to promoting and
celebrating our memberships through tourism marketing, high
quality publications, advertising, educational forums, video
content and newsletters. To best serve the tourism community,
Visit Tri-Cities implemented the updated membership model by
eliminating annual dues to provide complimentary memberships
forqualifying tourism-related businesses. In 2021, Visit Tri-Cities’
membership total reached 315.
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Cigar Savvy Shop, LLC
Clover Island Marina
Col Solare Winery
Columbia Basin BMX
Columbia Basin College
Columbia Basin Racquet Club
Columbia Center
Columbia Crest Winery
Columbia Park Golf Tri-Plex
Columbia Point Golf Course
Columbia Sun RV Resort
Community Concerts of the Tri-Cities
Country Mercantile
Country Mercantile - Pasco
Coyote Bob’s Roadhouse Casino
Coyote Canyon Mammoth Site
Coyote Canyon Winery
Crazy Moose Casino
Cyber Art 509
D-Bat Columbia Basin
DermaCare
Desert Food Mart (Conoco)
Desert Wind Winery
Divots Golf
DownUnderSportFishing
DrewBoy Creative
East Benton County Historical Society & Museum
Eastern Washington Transportation
Emerald of Siam Thai Restaurant & Lounge
Encanto Arts
Europa Italian & Spanish Cuisine
Events at Sunset
Experience 46 Degrees
Farmhand Winery
Fast and Curryous
Fat Olives Restaurant & Catering
Fidelitas
Five Guys Burgers & Fries
Franklin County Historical Society & Museum
Franklin County RV Park
FreshPicks WA Smoothies
Frichette Winery
Friends of Sacajawea State Park
Frost Me Sweet Bakery & Bistro
Fujiyama Japanese Steak House & Bar
Garden Hot Pot
Gesa Carousel of Dreams
Glass Studio at Barnard Griffin Winery
Going Fishing Guide Service
Goose Ridge Estate Vineyard & Winery
Gordon Estate Winery
GRAZE
Great Harvest Bread Company Kennewick
Greenies
Hamilton Cellars
Havana Café
Hedges Family Estate
Hightower Cellars
HoneyBaked Ham Café
Hops n Drops
Hops n Drops - Kennewick
Horn Rapids Golf Course
Horn Rapids RV Resort & Mini Mart
Hot Tamales, LLC
Ice Harbor Brewing Co.
Ice Harbor Brewing Company at the Marina
IHOP Restaurants
Image Fashions
InterMountain Alpine Club
iplayExperienceMembership
It’s All in the Details
J&S Dreamland Express
J. Bookwalter
Kennewick Inn & Suites
Kickstand Tours
Kiona Vineyards and Winery
Kitzke Cellars
Lakeside Gem and Mineral Club
Lemon Grass
LIGO Hanford Observatory
Longship Cellars
Lower Columbia Basin Audubon Society
LU LU Craft Bar + Kitchen
Lucky Flowers
Magills Restaurant & Catering
Market Vineyards
Martinez & Martinez Winery
Masala Indian Cuisine
Master Gardener Foundation of
Benton-Franklin County
McDonald’s Restaurants
Mercer Wine Estates
Mid-Columbia Ballet
Mid-Columbia Libraries
Mid-Columbia Mastersingers
Mid-Columbia Musical Theatre
Mid-Columbia Symphony
Middleton Six Sons Farms
Milbrandt Vineyards/Ryan Patrick Wines
Miss Tamale
Monarcha Winery
Moonshot Brewing
Northwest Paddleboarding
Nouveau Day Spa
Octopus’ Garden
Pacific Shorz Powersports
Pasco Aviation Museum
Pasco Golfland
Pasco Specialty Kitchen
Polka Dot Pottery
Porter’sReal BBQ Kennewick
Porter’sReal BBQ Pasco
Porter’sReal BBQ Richland
Power Up Arcade Bar
Preszler’s Guide Service, LLC
Proof Gastropub
Purple Star Wines
Ranch & Home
Rattlesnake Mountain Harley - Davidson
REACH Museum
Red Dot Paintball
Red Lobster
Red Mountain AVA Alliance
Red Mountain Event Center
Red Mountain Trails
Red Mountain Trails Winery
Restaurante El Chapala
Richland Players
RideNow Powersports Tri-Cities
Roads2 Travel Company
Rollarena Skating Center
Rolling Hills Chorus
Roxy Theatre Antiques & Gifts
RRoyal Rides
Runners of the Sage
Sacajawea State Park
Sage Brewing Company
Sageland Center
Sandollar Farms & Alpacas
Sandy’s Fabrics & Machines
Seoul Fusion Korean Restaurant
Shade Cafe
Sheep’s Clothing
Shelby’s Floral & Gifts
Simplified Celebrations
Skippers Seafood ‘n Chowder
Sleep Inn Pasco-Tri-Cities
Sleeping Dog Wines
Solar Spirits Distillery
Spare Time Lanes
Spencer Carlson Furniture & Design
Sporthaus
Sun Willows Golf Course
Sundance Aviation
SunWest Sportswear
SuperMex El Pueblo Market
Swadee Thai Cuisine
Swampy’s BBQ Sauce & Catering
Tagaris Winery
Take a Break Tri-Cities
Tapteal Greenway
TC Black
Terra Blanca Winery & Estate Vineyard
The Bradley
The Crazy Crab Place
The Edge Steakhouse & Sports Lounge
The Educated Cigar, LLC
The Endive Eatery
The Garden TriCities
The Grain Bin Flower Farm & Inn
The Moore Mansion
The Olive Garden
The Pita Pit
The Pub
The Rude Mechanicals
The Tinte Red Mountain Retreat
Thurston Wolfe Winery
Tip Pit BBQ
Treveri Cellars
Tri-Cities Local Events
Tri-Cities Newcomers Club
Tri-Cities Wine Society
Tri-City Americans Hockey
Tri-City Dust Devils
Tri-City Rage Semi-Pro Football Team
Tri-City Tappers
Tucannon Cellars
Tumbleweeds Mexican Flair
Twigs Bistro & Martini Bar
Uptown Antique Market
US Army Corp of Engineers
Vintner’s Lodge
Washington State University Tri-Cities
Water2Wine Cruises
Wautoma Springs
West Richland Golf Course
Wet Palette Uncork + Create Studio
Wheelhouse Community Bike Shop
White Bluffs Brewing
White Bluffs Quilt Museum
Wingstop Pasco
Z Place Salon & Spa
Zintel Creek Golf Club
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2021 Chairman’s Circle Members
We acknowledge with pride and appreciation the support of our Chairman’s Circle
members. It is their extra commitment to Visit Tri-Cities that helps us distribute our
message about the Tri-Cities and welcome guests to our area.
ECONOMIC DEVELOPMENT
PARTNERS
City of Kennewick
City of Pasco
City of Richland
Tri-City Regional Hotel Motel Commission
DIAMOND
Battelle
Bechtel National, Inc.
Central Plateau Cleanup Company
Hanford Mission Integration Solutions
Three Rivers Convention Center
Toyota Center
Washington River Protection Solutions
PLATINUM
Ben Franklin Transit
Benton County
Benton PUD
City of West Richland
Energy Northwest
Franklin County
Franklin PUD
Port of Benton
Port of Kennewick
Port of Pasco
The HAPO Center
GOLD
Best Western Premier Pasco Inn & Suites
Clover Island Inn
Comfort Suites Kennewick at Southridge
Courtyard by Marriott Richland Columbia Point
Hilton Garden Inn Kennewick
Holiday Inn Express & Suites Pasco Tri-Cities
Holiday Inn Richland on the River
Red Lion Hotel & Conference Center Pasco
Red Lion Hotel Kennewick Columbia Center
Riverfront Hotel, SureStay Collection by Best Western
SpringHill Suites by Marriott Kennewick
7130 W. Grandridge Blvd., Ste. B
Kennewick, WA 99336
509) 735-8486 I (800) 254-5824
www.VisitTri-Cities.com Page 693 of 704
INCOME
3050 City of Kennewick 259,757.
00 3055 City of Pasco 152,
775.00 3060 City of Richland
273,001.00 Total Income
685,
533.00 EXPENSES 5010
Salaries 235,286.00 5012 401 (
k) Employer 11,765.00 5015
Health insurance 16,104.00
5030 Payroll Taxes 21,
176.00 5035 Accounting 20,363.
00 5050 Telephone & Toll free
5,000.00 5060 Office Expense 9,
713.00 5070 Office/
Visitor Center Insurance 2,500.00
5080 Postage 1,000.00
5090 Equipment upkeep 4,000.
00 5092 Vehicle Expenses 1,
220.00 5105 Legal / Professional 2,000.
00 5110 Dues & Subscriptions 23,
250.00 5115 Computer/Software
Lic Fee 4,000.00 5120
Visitor Guide 45,000.
00 5185 Visitor Center 2,
000.00 5200 Tourism
Development 36,000.00 5225 Website
8,500.00 5230
Staff Development
1,000.00
5290 Advertising 233,656.
00 5315 Conv
9/20/22, 10:01 AM Corporations and Charities System
https://ccfs.sos.wa.gov/#/BusinessSearch/BusinessInformation 1/2
BUSINESS INFORMATION
Business Name:
TRI-CITIES VISITOR AND CONVENTION BUREAU
UBI Number:
601 847 418
Business Type:
WA NONPROFIT CORPORATION
Business Status:
ACTIVE
Principal Office Street Address:
1880 FOWLER ST, RICHLAND, WA, 99352-4810, UNITED STATES
Principal Office Mailing Address:
7130 W GRANDRIDGE BLVD STE B, KENNEWICK, WA, 99336-7725, UNITED STATES
Expiration Date:
02/28/2023
Jurisdiction:
UNITED STATES, WASHINGTON
Formation/ Registration Date:
02/14/1962
Period of Duration:
PERPETUAL
Inactive Date:
Nature of Business:
TO ATTRACT VISITORS AND CONVENTIONS TO THE TRI-CITIES AREA
Charitable Corporation:
FEIN Number:
91-0859630
Gross Revenue exceed $500,000:
Has Members:
Public Benefit Designation:
Host Home:
REGISTERED AGENT INFORMATION
Registered Agent Name:
MONTE NAIL
Street Address:
1880 FOWLER ST, RICHLAND, WA, 99352-4810, UNITED STATES
Mailing Address:
1880 FOWLER ST, RICHLAND, WA, 99352-4810, UNITED STATES
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9/20/22, 10:01 AM Corporations and Charities System
https://ccfs.sos.wa.gov/#/BusinessSearch/BusinessInformation 2/2
GOVERNORS
Title Governors Type Entity Name First Name Last Name
GOVERNOR INDIVIDUAL RON HUE
GOVERNOR INDIVIDUAL RON ROXBURGH
GOVERNOR INDIVIDUAL JENNIFER CUNNINGTON
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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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