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HomeMy WebLinkAbout2024.05.06 Council Meeting Packet AGENDA City Council Regular Meeting 7:00 PM - Monday, May 6, 2024 Pasco City Hall, 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 (914) 614-3221 and use access code 347-125-017. 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 Councilmembers, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 5 - 19 (a) Approval of Meeting Minutes for April 15th, April 22nd, and May 1st To approve the minutes of the Pasco City Council Regular Meeting, Regular Workshop, and Special Meeting held on April 15, 2024,April 22, 2024, and May 1, 2024, respectively. 20 - 23 (b) Bills and Communications - Approving Claims in the Total Page 1 of 150 Amount of $8,757,145.06 To approve claims in the total amount of $8,757,145.06 ($5,952,734.45 in Check Nos.263167 - 263664; $1,565,565.70 in Electronic Transfer Nos. 845685 - 845712, 845732 - 845783, 845799 - 845915, 845931 - 846040, 846042 - 846046, 846049 - 846052, 846054 - 846085, 846114 - 846121; $2,018.73 in Check Nos. 54697 - 54698; $1,236,826.18 in Electronic Transfer Nos. 30206672 - 30207348). 24 - 46 (c) Resolution No. 4446 - Facility Lease Agreement with Boys & Girls Clubs of Benton & Franklin Counties To approve Resolution No. 4446, Authorizing the City Manager to Execute a Lease Agreement with the Boys & Girls Clubs of Benton & Franklin Counties for the building located at 801 N 18th Ave., Pasco, WA. 47 - 89 (d) Resolution No. 4447 - Washington Opioid Settlements (Johnson & Johnson Settlement and Future Settlements) To approve Resolution No. 4447, Authorizing the City Manager to sign Settlement Participation forms for the Washington Opioid Settlement with Johnson & Johnson and future settlements associated with the One Washington Memorandum of Understanding (MOU) for opioid settlements. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 90 - 93 (a) Asian American and Pacific Islander Heritage Month Proclamation (5 minutes) Mayor Serrano will read the proclamation proclaiming May 2024 as, "Asian American and Pacific Islander Heritage Month," in Pasco, Washington and present the proclamation to Ella, Landon, Lily, and Laila Lehrman, Noor Jahan, and Roxana Roach. 94 - 97 (b) National Police Week & Peace Officers' Memorial Day Proclamation (5 minutes) Mayor Serrano will read the proclamation for "National Police Week - May 12th through May 18th and National Peace Officers' Memorial Day - May 15th," and present the proclamation to City of Pasco Deputy Police Chief Cook. 98 - 101 (c) Jewish American Heritage Month Proclamation (5 minutes) Mayor Serrano will read the proclamation proclaiming May 2024 as, "Jewish AmericanHeritage Month," in Pasco, Washington and present the proclamation to Steve Rozenkrans. Page 2 of 150 6. EXECUTIVE SESSION (a) Discussion with Legal Counsel About Current or Potential Litigation per RCW 42.30.110(1)(i) (15 minutes) 7. PUBLIC COMMENTS - The public may address Council on any items unless it relates to a scheduled Public Hearing. This item is provided to allow 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. Lastly, when called upon, please state your name and city or county residency into the microphone before providing your comments. 8. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 9. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 10. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 102 - 116 (a) Resolution No. 4448 - Requesting an Extension of the Interlocal and Financing Lease Agreement for the HAPO Center Facility Until December 31, 2024 (5 minutes) MOTION: I move to approve Resolution No. 4448, modifying the interlocal cooperation agreement between the City of Pasco and Franklin County, Washington, regarding the financing, acquisition, and ownership of a multi-purpose arena and exhibition facility (HAPO Center). 117 - 127 (b) *Resolution No. 4449 - Mutual Aid Agreement between the Washington State Department of Corrections and Pasco Police Department (5 minutes) MOTION: I move to approve Resolution No. 4449, authorizing the City Manager to execute a Mutual Aid Agreement between the Washington State Department of Corrections and the City of Pasco Police Department for Mutual Aid services. Page 3 of 150 11. UNFINISHED BUSINESS 128 - 148 (a) Lewis Street Overpass - Micro Enterprise Business Grant (5 minutes) MOTION: I move to limit the Lewis Street Overpass Micro Enterprise Business Grants to $15,000 per business and $370,000 in total for Micro Enterprise Business Grants funding. -and- MOTION: I move to open the Lewis Street Overpass Micro Enterprise Business Grants applications for two months ending on June 30, 2024. 12. NEW BUSINESS 13. MISCELLANEOUS DISCUSSION 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 149 - 150 (b) Adopted Council Goals (Reference Only) (c) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 4 of 150 AGENDA REPORT FOR: City Council May 1, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 5/6/24 FROM: Debra Barham, City Clerk City Manager SUBJECT: Approval of Meeting Minutes for April 15th, April 22nd, and May 1st I. REFERENCE(S): 04.15.2024, 04.22.2024, and 05.01.2024, Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Meeting, Regular Workshop, and Special Meeting held on April 15, 2024,April 22, 2024, and May 1, 2024, respectively. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 150 MINUTES City Council Regular Meeting 7:00 PM - Monday, April 15, 2024 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Pete Serrano, Mayor. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: N/A Councilmembers absent: Blanche Barajas Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Ken Roske, Police Chief; Maria Serra, Interim Public Works Director; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes for March 22nd-23rd, April 1st and April 8th To approve the minutes of the Pasco City Council Biennial Retreat held on March 22nd-23rd, Regular Meeting held on April 1st and Regular Workshop held on April 8, 2024. Bills and Communications - Approving Claims in the Total Amount of $5,382,743.70 and Write-off Totaling $30,774.00 To approve claims in the total amount of $5,382,743.70 ($3,954,416.28 in Check Nos. 263003 - 263166; $66.92 in Electronic Transfer No. 845798; $7,308.73 in Page 1 of 7Page 6 of 150 Check Nos. 54691 - 54696; $1,418,063.80 in Electronic Transfer Nos. 30206631 - 30206671; $1,990.35 in Electronic Transfer No. 972, $897.62 in Electronic Transfer Nos. 277 - 282). To approve write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total amount of $30,774.00 and, to authorize that it be turned over for collection. Resolution No. 4441 - Change Order No. 3 Approval for PWRF Phase 2 Improvements To approve Resolution No. 4441, authorizing the City Manager to execute Change Order No. 3 with Tapani, Inc. for the Process Water Reuse Facility (PWRF) Phase 2 Winter Storage Improvements Project. Resolution No. 4442 - Change Order No. 5 for I-182/Broadmoor Blvd Interchange Project To approve Resolution No. 4442, authorizing the City Manager to execute Change Order No. 5 with Nelson Construction Corp. for the I-182 & Broadmoor Blvd. Interchange Project. ROLL CALL MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Harpster to approve the Consent Agenda as read. RESULT: Motion carried unanimously 6-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales ABSENT: Councilmember Barajas PUBLIC COMMENTS Katelyn Ashford, Kennewick resident, requested that Council to approve a resolution calling for ceasefire and peace in the current Middle East conflict. Amber Bruce, Kennewick resident, expressed concern of the gynecide occurring in Gaza and requested Council support to condemn these acts of gynecide. Karl Boettner, Spokane resident, expressed concern of the current conflict in the Middle East and supports a resolution condemning gynecide in Gaza. Abdul Nassar, Yakima resident, requested that Council to approve a resolution calling for ceasefire and peace in the current Middle East conflict. Annalisa Ely, Kennewick resident, spoke about segregation and apartheid and Page 2 of 7Page 7 of 150 related it to the current situation in Gaza. Mary Mahoney, Pasco resident, spoke about the flood plain located in part of her property and in the neighborhood, expressed concern about the bald eagle habitat and animal control dating back to 2019. David Cortinas, Pasco resident, commented on a recent downtown Pasco business owners meeting where Deputy City Manager Sigdel provided the business owners affected negatively to the closure of Lewis Street the process and requirements to apply for the CDBG grant if it passes by Council. He expressed concern that the business owners will not qualify. He asked that the City cover the losses of the affected business owners. Mayor Serrano stated that he has heard those individuals who were asking for a resolution related to the Middle East conflict; however, he would not be supporting such a resolution. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mayor Pro Tem Milne reported on a recent Washington State Arbor Day event held at Kurtzman Park. He also stated that the National Arbor Day event was scheduled for Friday, April 26th at Highland Park. Mr. Harpster commented on the recent Police Simulator Training that he and Ms. Barajas participated in. He also reported on the Ben Franklin Transit Board meeting he recently attended. Ms. Blasdel reported on a recent ribbon cutting event for the grand opening of Panda Express located on Court Street. Mayor Serrano also commented on the Panda Express grand opening. 2024 Washington State Legislative Session Update Mr. Lincoln introduced Briahna Murray, Vice President and Holly Sanabria, State Lobbyist from Gordon Thomas Honeywell Governmental Affairs who provided the 2024 Legislative Session recap. Ms. Murray also noted that development of the 2025 Legislative priorates will start shortly. Council and Ms. Murray briefly discussed the Road 76 overpass transportation project and the timing of setting the legislative priorities. Mayor Serrano expressed appreciation for the work that Ms. Murray and Ms. Sanabria provides to the City of Pasco. Ms. Murray added that it is a team effort and includes both Council and City staff. Page 3 of 7Page 8 of 150 RECESS Mayor Serrano called a five-minute recess at 8:00 AM. EXECUTIVE SESSION Council adjourned into Executive Session at 8:05 PM for 30 minutes returning at 8:30 PM to discuss Discussion with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager, and City Attorney. Mayor Serrano called the meeting back to order at 8:30 PM. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Hearing & Ordinance No. 4711 - Dissolution of the Downtown Pasco Development Authority Ms. Sigdel provided a brief report on the proposed dissolution of the Downtown Pasco Development Authority (DPDA). Mayor Serrano declared the Public Hearing open to consider the proposed dissolution of the DPDA. Carl Holder, downtown Pasco business owner, requested that Council hold off on the dissolution of the DPDA at this time and asked that Council support the DPDA Board members in the lawsuit recently submitted. David Cortinas, Pasco resident, commented on the pending DPDA lawsuit and provided a history of the DPDA, as well as expressed concern about the financial practices of the DPDA for the past several years. He submitted some DPDA documents he obtained to the City Clerk for distribution to Council. Following three calls for comments, and there being none, Mayor Serrano declared the Public Hearing closed. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Harpster to adopt Ordinance No. 4711, formally dissolving the Downtown Pasco Development Authority, and, further, authorize publication by summary only. RESULT: Motion carried unanimously 6-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales ABSENT: Councilmember Barajas Page 4 of 7Page 9 of 150 ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Resolution No. 4443 - Surplus of City Property Along Argent Road (Parcel No. 113300252) Ms. Sigdel provided a brief recap of the proposed surplus of City owned property located along Argent Road. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Harpster to approve Resolution No. 4443, declaring City-owned real property surplus, setting the minimum price and the method of sale for Parcel No. 113300252, and further, authorize the City Manager to sell the property through realtor listing for a minimum price determined through market analysis. RESULT: Motion carried unanimously 6-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales ABSENT: Councilmember Barajas Ordinance No. 4712 - Amending PMC Subsection 2.05.020(2) Related to Public Comments During Regular Workshop Meetings Mr. Lincoln provided a brief report on the proposed amendment to the Pasco Municipal Code (PMC) that Council requested to include a public comment opportunity during discussion items at Council Workshops. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Grimm to adopt Ordinance No. 4712, amending Pasco Municipal Code Subsection 2.05.020(2) related to public comments during Regular Workshop Meetings, and, further, authorize publication by summary only. RESULT: Motion carried. 4-2 AYES: Mayor Pro Tem Milne, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales NAYS: Mayor Serrano and Councilmember Blasdel ABSENT: Councilmember Barajas Ordinance No. 4713 - Ochoa Rezone from RS-20 to R-1 (Z 2024-001) Mr. Gonzales provided a brief report on the proposed rezone. Mayor Serrano announced that the proposed rezone was a quasi-judicial action and asked Mr. Ferguson to explain the procedure for quasi-judicial items. 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 Page 5 of 7Page 10 of 150 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. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Harpster to adopt Ordinance No. 4713, amending the zoning classification of certain real property located on the Northwest corner of Castle Holly Court and Road 56, Pasco, Franklin County, Washington, from RS-20 (Residential Suburban) to R- 1 (Low-Density Residential), and further, authorize publication by summary only. RESULT: Motion carried. 5-1 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Blasdel, Councilmember Grimm, and Councilmember Harpster NAYS: Councilmember Perales ABSENT: Councilmember Barajas Resolution No. 4444 - Public Works Board $1M Loan Agreement - Butterfield WTP Improvements Pre-Construction Ms. Serra introduced Senior Engineer Puna Clarke who provided a brief report on the proposed loan agreement. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Harpster to approve Resolution No. 4444, authorizing the City Manager to execute a $1M Loan/Grant ($850K loan and $150K grant) with the Public Works Board for the Butterfield Water Treatment Plant Improvements Project. RESULT: Motion carried unanimously 6-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales ABSENT: Councilmember Barajas MISCELLANEOUS DISCUSSION Ms. Serra shared that the City of Pasco was recently awarded an American Public Works Association's Project of the Year award for the Waste Water Treatment Plan Project Phase I. Mr. Gonzales announced that the City of Pasco will be hosting an upcoming Benton Franklin Housing Consortium scheduled for April 19th. He also announced that staff will be bringing a Sign Code update related to billboards to Council tentatively scheduled for the end of May 2024.. Mr. Rice reported on the recent Washington State Arbor Day event at Kurtzman Park Page 6 of 7Page 11 of 150 and invited Council to the National Arbor Day event scheduled for April 26th at Highland Park. Ms. Sigdel updated Council on the Lewis Street Overpass project, the businesses impacted by the closure of Lewis Street and a status on the pending federal grants and requirements to obtain grant funding. She learned that additional business owners have come forward and have asked to expand the approved map to include 3rd Avenue and additional businesses to the east of Oregon Avenue. Council discussed the options and Council concurred that the map they discussed at the last workshop should remain the same. Mr. Perales asked for an update on the B4 Development complaints related to cul-de- sacs and grading on someone's property. Mr. Lincoln stated that staff meets with B4 Development regularly and since there are no policy issues, staff had not intended on bringing it back to Council. He suggested that if there was something specific that Mr. Perales was looking for, he may reach out to Mr. Bauman directly Mr. Perales asked about the Columbia Building Appeals Commission. Mr. Ferguson stated that the Columbia Buildings Appeals Commission is headed up by the Benton Franklin Council of Governments and the City is not a lead in re- establishing it. Mr. Grimm commented on his stance related to the DPDA issues. Ms. Blasdel asked for clarification on the qualifications for the CDBG grant. Mr. Serrano stated that he and Mayor Pro Tem Milne sit on the LEOFF Pension Board and he learned that the pensioners have not been receiving Medicare Part B reimbursements and requested staff to create a resolution to allow for it. ADJOURNMENT There being no further business, the meeting was adjourned at 9:22 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 7 of 7Page 12 of 150 MINUTES City Council Workshop Meeting 7:00 PM - Monday, April 22, 2024 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Pete Serrano, Mayor. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: None Councilmembers absent: None Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Brent Cook, Deputy Police Chief; Maria Serra, Interim Public Works Director; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS Mayor Pro Tem Milne reported on a recent ribbon cutting event for Motus Chiropractic, the PSD Skilled & Technical Advisory Committee meeting and the Washington State Truck Driving Championship event he recently attended. Mr. Grimm commented on the weekend events at and surrounding the HAPO Center. He also reported on the Franklin County Emergency and Medical Services and Benton Franklin Council of Governments meetings he recently attended. Mayor Serrano reported on the Hanford Area Economic Investment Fund Advisory Committee meeting he attended earlier in the day. Page 1 of 4Page 13 of 150 EXECUTIVE SESSION Council adjourned into Executive Session at 7:10 PM for 20 minutes returning at 7:30 PM to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) and consideration of the minimum offering price for sale or lease of real estate if there’s a likelihood that disclosure would decrease the price per RCW 42.30.110(1)(c) with the factors influencing the price included land use, price, location and projected use of the property, with the City Manager, Deputy City Manager, Interim Public Works Director, and City Attorney. Mayor Serrano called the meeting back to order at 7:30 PM. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT Presentation - CourseCo Inc. - Sun Willows Golf Course Mr. Rice introduced CourseCo Inc. President & CEO Michael Sharp who provided the annual report for Sun Willows Golf Course. Council and Mr. Sharp briefly held a question and answer period. Resolution - Facility Lease Agreement with Boys & Girls Clubs of Benton & Franklin Counties Ms. Sigdel introduced the Boys & Girls Clubs of Benton & Franklin Counties CEO Brian Ace who provided a report on the Pasco Clubhouse located at the old Emerson School. Council and Mr. Ace continued to talk about the services provided at the Pasco Clubhouse. Ms. Sigdel stated that the lease agreement will come back for Council consideration at the next Council Meeting. She also stated that staff will provide an update on the ARPA funding soon. Targeted Urban Area Tax Exemption Program Ms. Sigdel introduced Port of Pasco Director of Economic Development and Marketing Stephen McFadden who provided a brief report on the Targeted Urban Area Tax (TUA) Exemption Program, passed by the Washington State Legislature in 2022 under Chapter 84.25 of the Revised Code of Washington (RCW.) Council and Mr. McFadden continued to discuss the new TUA Tax Exemption Program and how it could benefit economic growth in Pasco. Behavioral Health Update in Benton & Franklin Counties Fire Chief Crowley provided a brief update related to the Behavioral Health of Page 2 of 4Page 14 of 150 Benton & Franklin Counties recent activities, efforts and projects. Water Rights Subcommittee Update Ms. Sigdel recapped the 2023 Water Rights rates increase, the issues associated with the new rates, the formation of the Council's Water Rights Subcommittee and the Subcommittee's meetings with the public. She ended with the recommendations that came from those meetings, which included:  To remove the 10 years retroactive element for the surcharge of water rights sale or transfer made after the published date of the Ordinance No. 4701 of December 3, 2023  To evaluate water rights in-lieu of fees every two years  To explore water conservation programs Mr. Perales and Mr. Grimm provided additional comments regarding the subcommittee meetings and recommendations. Mr. Perales recommended that the water conservation program be implemented and not just explored. He also recommended that the City deepen the public/stakeholder engagement before policies are created/amended. Mr. Serrano concurred that water conservation programs should be enhanced. Mr. Grimm and Mr. Perales expressed support to amend water rights that was adopted in December 2023. MISCELLANEOUS COUNCIL DISCUSSION Mr. Rice provided a brief preview for the Cinco de Mayo weekend event scheduled for the first weekend in May 2024. Ms. Sigdel provided an update April 26, 2024, will be open for traffic. Grant applications were available last Thursday, Planning Commission meeting and special Council Meeting scheduled for May 1st. Mr. Lincoln announced that there is no Council meeting is scheduled for next week as it is the 5th Monday. Ms. Blasdel commented on the Pasco Taco Crawl benefiting the Boys & Girls Clubs of Benton & Franklin Counties, as well as a fundraising event for the Pasco High Dance Team was currently underway. Mr. Grimm commented on the recent incident where a vehicle ran into a Pasco Cannabis retail store. Mr. Perales asked for a list of Public Works projects that will be completed this year. Ms. Serra responded that there is an interactive map on the City's website that has all Page 3 of 4Page 15 of 150 of the projects and the status of the work. Mr. Harpster asked an update on legal services contract. He also commented on using the Zipper App for drivers to get through the street construction projects. Ms. Barajas encouraged the public to go to the City of Pasco's website to get the up- to-date information related to active street construction projects. Mayor Pro Tem Milne asked for an update on the Court Street and Road 97 project and Ms. Serra responded. ADJOURNMENT There being no further business, the meeting was adjourned at 9:20 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 4 of 4Page 16 of 150 MINUTES City Council Special Meeting 2:00 PM - Wednesday, May 1, 2024 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 2:03 PM by David Milne, Mayor Pro Tem. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: Pete Serrano, Peter Harpster, Blanche Barajas and Leo Perales Councilmembers absent: None Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Jacob Gonzalez, Community & Economic Development Director; Kristin Webb, Block Grant Administrator; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Hearing and Resolution No. 4445 - Substantial Amendments to 2021- 2024 CDBG Annual Action Work Plans Ms. Sigdel provided a brief report on the proposed substantial amendments to the Community Development Block Grant (CDBG) Annual Action Plan for Program years 2021-2024. She noted that the Planning Commission recommends the amendments and also asked that the City seek other funding opportunities for the businesses affected by the closure of East Lewis Street during the completion of the Lewis Street overpass. Council and Ms. Sigdel discussed the following:  The details of the grant application process Page 1 of 3Page 17 of 150  The qualifications needed to receive a grant, a suggested $15,000 cap on the funding awarded to a business  Status of projected originally allocated the CDBG funding  Suggested amending the proposed resolution to include a cap of $370,000 and $15,000 per approved grant awardee  Examples of disqualifications for the CDBG funding Mayor Pro Tem Milne declared the Public Hearing open to consider the proposed substantial amendments to 2021-2024 Annual Action Work Plans. Pedro, Pasco Business owner, expressed thanks to City Council and staff for their efforts to assist the business owners negatively affected be the closure of Lewis Street Overpass project. Valerie, Lewis Street Tires owner, asked that the City to continue to look for funding for the businesses located in the construction area as many businesses do not qualify for the CDBG application. A. Ramirez, Cleaning Services owner, stated that if the Council really wants to help, they will help the businesses affected by the street closure. Maria Diaz, Studio 41 owner, stated that her business does not meet the qualification for the CBDG funding application and commented on the financial lose of her nine employees, as well as the food truck owner located in her parking lot. Blanca Garcia, Pasco Business owner, stated the new overpass project is beautiful,; however, she reminded Council of the hardship of the businesses during the Lewis Street closure. She stated that the requirements of the grant are impossible for many business owners to qualify for and asked Council to locate funding to help those businesses. A Pasco Business owner, asked about the parking lot lease and expressed concern that lease will not be renewed and he will not meet his mortgage payments. Mayor Pro Tem Milne noted that this was a Public Hearing for the CDBG Funding and he directed the man to speak with Community and Economic Development Director Gonzalez after the meeting ends. Wendy Ling, Pasco Business owner, expressed concern about the Tacoma street closure and street closure signs, She asked that the CDBG funding applications be opened longer as she and her husband are in the process of obtaining the EIN and will not have it before the grant application closes. Jose, Pasco Business owner, stated that his family business currently does not qualify for the CDBG funding grant. Page 2 of 3Page 18 of 150 Owner of Mexican Taqueria in the parking lot of Studio 41, he stated that his business was outside of the approved map. He stated that he is two months behind in rent. He expressed support for the businesses in the the map. He asked that the map be redrawn. Following three calls for comments, and there being none, Mayor Serrano declared the Public Hearing closed. MOTION: Councilmember Blasdel moved, seconded by Councilmember Barajas to approve Resolution No. 4445, amending the Program Years 2021, 2022, 2023, and 2024 Community Development Block Grant allocations and Annual Action Work Plan to reallocate funds. RESULT: Motion carried. 6-1 AYES: Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales NAYS: Mayor Serrano ADJOURNMENT There being no further business, the meeting was adjourned at 3:07 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 3 of 3Page 19 of 150 AGENDA REPORT FOR: City Council April 11, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 5/6/24 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Bills and Communications - Approving Claims in the Total Amount of $8,757,145.06 I. REFERENCE(S): Accounts Payable 04.11.24 to 05.01.24 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $8,757,145.06 ($5,952,734.45 in Check Transfer Nos.263167 - 263664; $1,565,565.70 in Electronic Nos. 845685 - 845712, 845732 - 845783, 845799 - 845915, 845931 - 846040, 846042 - 846046, 846049 - 846052, 846054 - 846085, 846114 - 846121; $2,018.73 in Check Nos. 54697 - 54698; $1,236,826.18 in Electronic Transfer Nos. 30206672 - 30207348). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: There are two categories of accounts receivable write-offs: 1. Direct write-offs are small in value or, in the case of Ambulance Fund, reflect a reduction of fees related to a discount required by DSHS and Medicare to sent not are write-offs These eligibility. to due direct collection. 2. Write-offs referred to collection have been in arrears for a given number of days and exceed minimum values that move them out of the direct write off category. Please see the attached summary page attached to this agenda item for details. V. DISCUSSION: Page 20 of 150 Page 21 of 150 REPORTING PERIOD: May 6, 2024 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 263167 - 263664 54697 - 54698 Total Check Amount $5,952,734.45 $2,018.73 Total Checks 5,954,753.18$ Electronic Transfer Numbers 845685 - 845712 30206672 - 30207348 845732 - 845783 845799 - 845915 845931 - 846040 846042 - 846046 846049 - 846052 846054 - 846085 846114 - 846121 Total EFT Amount $1,565,565.70 $1,236,826.18 $0.00 $0.00 Total EFTs 2,802,391.88$ Grand Total 8,757,145.06$ Councilmember B 100 1,139,980.12 110 75,717.41 140 26,614.91 142 190.23 145 5,486.26 186,171.17 160 5,092.72 165 1,666.65 168 54,300.65 170 4,014.68 180 3,209.23 185 50.59 188 36,856.45 189 545.30 190 19,812.26 191 27,083.34 194 28,242.32 195 909.96 367 1,840,572.13 410 2,393,213.87 510 95,357.34 511 13,567.13 515 2,594.68 520 94,174.64 610 500.00 630 6,063.21 690 2,695,157.81 GRAND TOTAL ALL FUNDS:8,757,145.06$ April 11 to May 1, 2024 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council 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 Adam Lincoln, 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 6th Day of May, 2024 that the merchandise or services hereinafter specified have been received and are approved for payment: C.D. BLOCK GRANT HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE Councilmember A SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET CEMETERY ATHLETIC PROGRAMS ANIMAL CONTROL SENIOR CENTER OPERATING MULTI-MODAL FACILITY ECONOMIC DEVELOPMENT STADIUM/ CONVENTION CENTER GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/ SEWER RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL MEDICAL/ DENTAL/ VISION INSURANCE OLD FIRE OPEB FLEX PAYROLL CLEARING Page 22 of 150 REPORTING PERIOD: May 6, 2024 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 263167 - 263664 54697 - 54698 Total Check Amount $5,952,734.45 $2,018.73 Total Checks 5,954,753.18$ Electronic Transfer Numbers 845685 - 845712 30206672 - 30207348 845732 - 845783 845799 - 845915 845931 - 846040 846042 - 846046 846049 - 846052 846054 - 846085 846114 - 846121 Total EFT Amount $1,565,565.70 $1,236,826.18 $0.00 $0.00 Total EFTs 2,802,391.88$ Grand Total 8,757,145.06$ Councilmember B 100 1,139,980.12 110 75,717.41 140 26,614.91 142 190.23 145 5,486.26 150 186,171.17 160 5,092.72 165 1,666.65 168 54,300.65 170 4,014.68 180 3,209.23 185 50.59 188 36,856.45 189 545.30 190 19,812.26 191 27,083.34 194 28,242.32 195 909.96 367 1,840,572.13 410 2,393,213.87 510 95,357.34 511 13,567.13 515 2,594.68 520 94,174.64 610 500.00 630 6,063.21 690 2,695,157.81 GRAND TOTAL ALL FUNDS:8,757,145.06$ April 11 to May 1, 2024 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council 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 Adam Lincoln, 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 6th Day of May, 2024 that the merchandise or services hereinafter specified have been received and are approved for payment: C.D. BLOCK GRANT HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE Councilmember A SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET CEMETERY ATHLETIC PROGRAMS ANIMAL CONTROL SENIOR CENTER OPERATING MULTI-MODAL FACILITY ECONOMIC DEVELOPMENT STADIUM/ CONVENTION CENTER GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/ SEWER RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL MEDICAL/ DENTAL/ VISION INSURANCE OLD FIRE OPEB FLEX PAYROLL CLEARING Page 23 of 150 AGENDA REPORT FOR: City Council May 1, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 5/6/24 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Resolution No. 4446 - Facility Lease Agreement with Boys & Girls Clubs of Benton & Franklin Counties I. REFERENCE(S): Resolution Proposed Lease Agreement, Exhibit A Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: City the Authorizing 4446, No. approve to move I Resolution Manager to Execute a Lease Agreement with the Boys & Girls Clubs of Benton & Franklin Counties for the building located at 801 N 18th Ave., Pasco, WA. III. FISCAL IMPACT: Monthly - Up to $1,100 IV. HISTORY AND FACTS BRIEF: The City of Pasco has leased City property located at the Old Emerson School (801 N. 18th Ave.) with the Boys & Girls Clubs of Benton & Franklin Counties since 1999. The lease expired on December 31, 2019, and since then the Boys & Girls Club has been operating on a monthly basis. V. DISCUSSION: Brian Ace from the Boys & Girls Club, and staff provided a presentation for Council during the April 22nd City Council Workshop Meeting. Boys & Girls Club has served the City of Pasco children and youth in this building for the last 25 years. Staff is recommending extending the lease of the organization for another 20 years. Staff will bring ARPA update to the Council on May 13th Workshop Meeting. Page 24 of 150 Page 25 of 150 Resolution - Boys & Girls Club Lease Agreement - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE BOYS & GIRLS CLUBS OF BENTON & FRANKLIN COUNTIES FOR THE BUILDING LOCATED AT 801 N 18TH AVE., PASCO, WA. WHEREAS, the City of Pasco (City) is duly authorized to deliver recreational programs tailored to the residents of Pasco, particularly focusing on youth-oriented programs; and WHEREAS, the City has leased City property located at the Old Emerson School (801 N. 18th Ave.) with the Boys & Girls Clubs of Benton & Franklin Counties since 1999; and WHEREAS, the Lease expired December 31, 2019, and the Boys & Girls Club has been paying rent on a monthly basis; and WHEREAS, both parties hereby express their mutual intent to engage in a Lease Agreement, enabling the Lessee's continued occupancy of the Premises; 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 Lease Agreement with the Boys and Girls Clubs of Benton & Franklin Counties. 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 Lease Agreement between the City of Pasco and the Boys & Girls Clubs of Benton & Franklin Counties as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Lease Agreement on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Lease Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. Page 26 of 150 Resolution - Boys & Girls Club Lease Agreement - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 27 of 150 Lease Agreement Boys & Girls Club Page 1 of 8 LEASE AGREEMENT BOYS & GIRLS CLUB OF BENTON & FRANKLIN COUNTIES THIS LEASE AGREEMENT is effective _________________, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as “City ", and the Boys and Girls Club of Benton & Franklin Counties, hereinafter referred to as "Lessee" and collectively the " Parties." WHEREAS, the City is duly authorized to deliver recreational programs tailored to the residents of Pasco, particularly focusing on youth-oriented programs. WHEREAS, the City has been in a lease agreement with the Lessee for the utilization of the Old Emerson School, now known as the Boys and Girls Club Building, since 1999, for the sole purpose of facilitating these services. WHEREAS, the previous lease has reached its expiration and necessitates a comprehensive reassessment and subsequent updates. IN CONSIDERATION of the mutual covenants herein set out, the Parties agree as follows: 1.Description of Premises. The City hereby leases to Lessee approximately 21,388 square feet of space, as shown on the attached Exhibit "A", at the Boys and Girls Club Building which is located at 801 N 18th Ave, Pasco, Washington. 2.Term. Commence on the execution day and shall continue until such time as a lease has been negotiated between the parties or, December 31, 2044, whichever shall first occur, unless extended by written mutual agreement between the Parties. 3.Rent. The Lessee shall pay the City as rent for the premises, one dollar ($1.00) per month plus leasehold excise tax as applied by DOR during the term of this lease agreement. Such payment shall be rendered on or before the final day of each month throughout the term of this lease agreement. 4.Leasehold Excise Tax Credit. The City will provide a monthly credit, equivalent to the leasehold excise tax amount, for all improvements undertaken by the lessee on the facility until full reimbursement to the lessee or termination of the agreement, whichever occurs first. In the event of lease termination, Section 11 remains applicable. EXHIBIT A Page 28 of 150 Lease Agreement Boys & Girls Club Page 2 of 8 5. Use. The Lessee shall use the premises only for the provision of recreational and educational services and programs for youths; provided, however, that the Lessee may use the premises for any other purpose with the City’s advance written consent. 6. Condition and Maintenance. a. The Lessee has inspected the premises, is familiar with the present condition of the premises and agrees to accept the premises in that condition at the commencement of the term. b. The Lessee shall at its own expense, provide adequate janitorial service for the premises, which shall include keeping the premises in a clean condition, free of accumulations of dirt, rubbish and unlawful obstructions. c. The Lessee shall at its own expense, also keep in good condition and repair, the interior of the premises, including electrical, heating and cooling systems, plumbing and all entrance ways and sidewalks leading to the interior of the premises. To that end, the Lessee shall at its own expense provide customary maintenance to the portions of the premises as reasonably required under the circumstances and make any necessary major repairs or replacement of systems (i.e., heating and cooling). 7. Surrender of Premises. On the termination date of the lease, the Lessee shall surrender the premises to the City in the same condition as when received, excepting, however, damage by the elements, ordinary wear and tear and additions or alterations made by the Lessee and not required by the City to be removed by the Lessee. 8. Utilities. The Lessee shall pay for all water, gas, heat, light, power, telephone and other utilities and services supplied to the premises for the benefit of the Lessee. 9. Taxes and Assessments. a. The premises currently are exempt from general real estate taxes. 10. Access to Premises. Notwithstanding the Lessee's use and control of the premises, the City and its agents and employees and independent contractors designated by the City, shall have the right to enter in or upon the premises at any time during the time of the lease for the purpose of inspecting or repairing the premises, provided, however, that in entering upon the premises the person shall not unreasonably interfere with the Lessee's use of the premises. 11. Alterations and Improvements. a. The Lessee shall not be permitted to make alterations and additions to the premises without the written approval of the City. Such approval shall not be unreasonably withheld. Page 29 of 150 Lease Agreement Boys & Girls Club Page 3 of 8 b. The Lessee may remove any alteration or improvement, if it wishes upon termination of the lease provided it restores the premises to substantially the same condition as it was on the first day of the lease subject to damage by the elements and ordinary wear and tear. c. Any addition or improvement made to the premises by the Lessee and not removed shall upon termination of the lease belong to and become property of the City. Nothing shall be removed which will affect the structural integrity of the building. d. Upon termination on the agreement, the City and lessee shall assess any improvements made by the lessee to ascertain eligibility for reimbursement, accounting for depreciation on the said improvements. The determination shall be formalized in writing and signed by both parties. 12. Indemnity/Hold Harmless. Lessee shall defend, indemnify, and hold harmless the the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee's use of premises, or from the conduct of Lessee's business, or from any activity, work or thing done, permitted, or suffered by Lessee in or about the premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City. 13. Insurance. The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased premises. a. Minimum Scope of Insurance. Lessee shall obtain insurance of the types described below. i. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. ii. Property insurance shall be written on an all-risk basis. b. Minimum Amounts of Insurance. Lessee shall maintain the following insurance limits: i. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. ii. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. Page 30 of 150 Lease Agreement Boys & Girls Club Page 4 of 8 c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: i. The Lessee's insurance coverage shall be primarily insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Lessee's insurance and shall not contribute with it. ii. The Lessee's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. e. Verification of Coverage. Lessee shall furnish the City with original certificates and a copy of the mandatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. f. Waiver of Subrogation. Lessee and the City hereby release and discharge each other from all claims, losses, and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. g. City’s Property Insurance. The City shall purchase and maintain during the term of the lease all-risk property insurance covering the buildings for their full replacement value without any coinsurance provisions. Lessee shall comply with all insurance regulations so that the lowest fire, lightening, explosion, extended coverage, and liability insurance rates may be obtained. Nothing shall be done or kept in or on the premises by Lessee which will cause an increase in the premium for any such insurance of the premises or on any building of which the premises are a part or on any contents located therein, over the rate usually obtained for the property use of the premises permitted by this lease or which will cause cancellation of any such insurance. In the event the Lessee's use of the premises is responsible for an increase in the insurance rates on the building of which the premises are a part, then in such event, Lessee agrees to pay any resulting increase in premiums on such building. 14. Damage to Property on Premises. Lessee agrees that all property of every kind and description kept, stored, or placed in or on the premises shall be at Lessee's sole risk and hazard and that the City shall not be responsible for any loss or damage to any of such property resulting from fire, explosion, water, steam, gas, electricity, or the elements, whether or not originating in the premises, caused by or from leaks or defects in or breakdown of plumbing, piping, wiring, hearing, or any other facility, equipment, or fixtures or any other cause or act except resulting from the gross negligence of the City or anyone for whom the City may be responsible. Page 31 of 150 Lease Agreement Boys & Girls Club Page 5 of 8 15. Damage by Casualty. In case the leased premises shall be destroyed or shall be so damaged by fire or other casualty, as to become untenantable, then in such event, at the option of the City, this lease shall terminate from the date of such damage or destruction and the Lessee shall immediately surrender such premises and all interest therein to the City, and Lessee shall pay rent only to the time of such surrender. The City shall exercise such option to terminate this lease by notice in writing delivered to Lessee within ten (10) days after such damage or destruction. In case the City shall not elect to terminate this lease, in such event, this lease shall continue in full force and effect and the City shall repair the leased premises with all reasonable promptitude, placing the same in as good a condition as they were at the time of the damage or abate in proportion to the extent and duration of untenantability. In either event Lessee shall remove all rubbish, debris, merchandise, furniture, equipment, and other personal property, within ten (10) days after the request of the City. If the leased premises shall be only slightly injured by fire or the elements, so as not to render the same untenantable and unfit by occupancy, then the City shall repair the same within a reasonable time, and in that case the rent shall not abate. No compensation or claim shall be made by or allowed to the Lessee by reason of any inconvenience or annoyance arising from the necessity of repairing any portion of the building or the leased premises, however, the necessity may occur. 16. Public Requirements. Lessee shall comply with all laws, orders, ordinances, and other public requirements now or hereafter affecting the premises or the use thereof and save the City harmless from expense or damage resulting from failure to do so. The leased premises are not exempted from compliance with zoning or any other municipal codes or ordinances nor from any other requirements of law due to title being in the name of the City. 17. Termination. This lease shall terminate per the terms described in section 2 unless terminated as follows: a. In the event the Lessee is dissolved for any reason, this lease shall automatically terminate on the effective date of such dissolution. b. The City shall have the right to terminate this lease upon written notice to the Lessee of any breach of this agreement, provided that the Lessee has been provided with at least three hundred and sixty-five (365) days in which to cure the alleged breach upon the giving of written notice thereof by the City. 18. Assignment. The Lessee may not sub-let or assign its interest in this lease without the consent of the City. This lease is personal to the Lessee. 19. Dispute Resolution. In the event of a dispute regarding the terms, interpretation or breach of this Agreement, the parties shall first meet in a good faith to resolve the dispute. In the event the dispute cannot be resolved by agreement of the parties either with or without the assistance of mediation, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with Page 32 of 150 Lease Agreement Boys & Girls Club Page 6 of 8 venue being placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 20. Notices. Any notice hereunder shall be sufficient if sent by registered or certified mail, addressed to Lessee and the City at the following: Lessee Boys & Girls Club of Benton & Franklin Counties PO Box 1322 Pasco, WA 99301 City City of Pasco – City Manager’s Office PO Box 293 Pasco, WA 99301 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mail, with proper postage and properly addressed. 21. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 22. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Lessee respectively. IN WITNESS WHEREOF, the parties have hereunto set their hand as of the date first written above. CITY OF PASCO, WASHINGTON BOYS AND GIRLS CLUBS OF BENTON & FRANKLIN COUNTIES Adam Lincoln, City Manager Brian Ace, Director of Operations APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney STATE OF WASHINGTON ) :ss Page 33 of 150 Lease Agreement Boys & Girls Club Page 7 of 8 County of Franklin ) On this day personally appeared before me ADAM LINCOLN, City Manager for the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ____ day of ____________, 2024. _______________________________________ Notary Public in and for the State of Washington Residing at ______________________________ My Commission Expires____________________ STATE OF WASHINGTON ) :ss County of Franklin ) On this day personally appeared before me BRIAN ACE, Executive Director/CEO for Boys and Girls Club of Benton and Franklin Counties, 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 ____________, 2024. _______________________________________ Notary Public in and for the State of Washington Residing at ______________________________ My Commission Expires___________________ Page 34 of 150 Lease Agreement Boys & Girls Club Page 8 of 8 EXHIBIT A SITE MAP 18th Avenue Stadium Pa g e 3 5 o f 1 5 0 OUR MISSION To empower all young people, especially those who need us most, to reach their full potential as productive, caring, responsible citizens. Pa g e 3 6 o f 1 5 0 OUR PROGRAM MODELS Elementary School Site Clubs Early Learning Clubs Virtual Club Community Clubhouses Pa g e 3 7 o f 1 5 0 Graduate from high school ready for college, trade school, military, or employment Academic Success Adopt a healthy diet, practice healthy lifestyle choices and make a lifelong commitment to fitness Healthy Lifestyles Be an engaged citizen involved in the community, register to vote and model strong character Good Character & Citizenship Priority Outcomes Pa g e 3 8 o f 1 5 0 Pasco Clubhouse –The numbers in 2023 •Employees –19 •Operating Expenses -$839,510.23 •577 Total Members •263 Teen Members •42,432 Snacks and Meals Served •Impact –University of Michigan Study •“Every dollar invested in the Boys & Girls Club is projected to return $9.60 of positive impact in our community.” Pa g e 3 9 o f 1 5 0 0 20 40 60 80 100 120 140 2019 2020 2021 2022 2023 AVERAGE DAILY ATTENDANCE Pa g e 4 0 o f 1 5 0 Grants 11% USDA Food Program 18% Childcare Revenue 17% Individual Donations 42% Special Events 12% Revenue to Support Pasco Clubhouse Pa g e 4 1 o f 1 5 0 Belonging gives our youth a feeling of security, safety, wellbeing and membership to a club that they love. Pa g e 4 2 o f 1 5 0 Belonging gives our youth a feeling of security, safety, wellbeing and membership to a club that they love. Pa g e 4 3 o f 1 5 0 Pa g e 4 4 o f 1 5 0 Pa g e 4 5 o f 1 5 0 Belonging gives our youth a feeling of security, safety, wellbeing and membership to a club that they love. Pa g e 4 6 o f 1 5 0 AGENDA REPORT FOR: City Council April 25, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 5/6/24 FROM: Angela Pashon, Assistant City Manager City Manager SUBJECT: Resolution No. 4447 - Washington Opioid Settlements (Johnson & Johnson Settlement and Future Settlements) I. REFERENCE(S): Resolution Settlement Participation Form Johnson & Johnson II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION:City the Authorizing 4447, No. move approve to I Resolution Manager to sign Settlement Participation forms for the Washington Opioid Settlement with Johnson & Johnson and future settlements associated with the One (MOU) opioid Understanding for Memorandum Washington of settlements. III. FISCAL IMPACT: Under the recommended action, there is no negative fiscal impact either directly or indirectly. IV. HISTORY AND FACTS BRIEF: In 2022, the State of Washington and several Washington counties and cities settled and manufacturers the pending against has that litigation been distributors of opioids. A proposed national opioid settlement (“Settlement”) have been reached with Johnson & Johnson. The new Settlement is in addition to the prior settlements; the City of Pasco will need to sign a settlement participation form to join this settlement as well as unique participation forms for any additional settlements associated Washington with the One Washington MOU. The Attorney General's Office is encouraging counties and cities to join these settlements as non-participation may stop finalization or substantially lessen the amount Page 47 of 150 Washington receives. V. DISCUSSION: execute to Manager City the authorizes resolution proposed The the Settlement Participation Form for the current Johnson & Johnson settlement and future additional settlements pertaining to the One Washington MOU. By entering these agreements the manufacturers and distributors admit no liability or wrongdoing and the participating jurisdictions must agree to dismiss with and prejudice the current litigation against these manufacturers distributors forever barring the City’s right to pursue an independent legal action against them. Staff and legal counsel recommend approval of the proposed resolution. Page 48 of 150 Resolution - Washington St. Opioid Settlement with Johnson & Johnson and City Manager Authorization for Future Settlements - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON. AUTHORIZING THE CITY MANAGER TO SIGN SETTLEMENT PARTICIPATION FORMS FOR THE WASHINGTON OPIOID SETTLEMENT WITH JOHNSON & JOHNSON AND FUTURE SETTLEMENTS ASSOCIATED WITH THE ONE WASHINGTON MEMORANDUM OF UNDERSTANDING (MOU) FOR OPIOID SETTLEMENTS. WHEREAS, the people of the State of Washington and its communities have been harmed by entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense prescription opioids; and WHEREAS, certain Local Governments, through their elected representatives and counsel, are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of prescription opioids accountable for the damage they have caused to the Local Governments; and WHEREAS, Local Governments and elected officials share a common desire to abate and alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain throughout the State of Washington, and strive to ensure that principles of equity and equitable service delivery are factors considered in the allocation and use of Opioid Funds; and WHEREAS, certain Local Governments engaged in litigation and other cities, such as the City of Pasco and counties in Washington, wish to become “Participating Local Governments” by agreeing on a form of allocation for Opioid Funds they receive from entities within the Pharmaceutical Supply Chain; and WHEREAS, the City Council of the City of Pasco is vested with the authority to sue and be sued in courts and all proceedings and is also vested with authority to contract pursuant to RCW 35A.11; and WHEREAS, the City of Pasco entered into the One Washington Memorandum of Understanding (MOU) on May 27, 2022, as a Participating Local Government bound by the distribution allocation as described in Exhibit A of the One MOU; and WHEREAS, the Washington State Attorney General is involved in litigation with Johnson & Johnson; and WHEREAS, the Attorney General’s Distributors Washington Settlement Agreement has added additional funds to the Global Settlement including the previously negotiated One MOU with Keller Rohrback; and WHEREAS, the total Washington Abatement Amount is $493,870,000; and Page 49 of 150 Resolution - Washington St. Opioid Settlement with Johnson & Johnson and City Manager Authorization for Future Settlements - 2 WHEREAS, by entering into the Attorney General’s negotiated Distributors Washington Settlement Agreement, the Local Governments and State Government agree to split 50/50 the Washington Abatement Amount with the Local Governments share being distributed in accordance with the Allocation Agreement (Agreement) previously negotiated with Keller Rohrback in the One MOU; and WHEREAS, by entering into this Agreement, the Settling Distributors admit no fault or wrong-doing and the Local Governments agree to dismiss with prejudice the current litigation against them; and WHEREAS, the City Council aims to grant authorization to the City Manager to execute future participant agreements associated with the One Washington MOU for Opioid Settlements. 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 Washington Opioid Settlements with Johnson & Johnson between Washington State, the Participating Local Jurisdictions and the Settling Distributors; a copy of which is attached hereto and incorporated herein by reference as Exhibit B. Be It Further Resolved, that the City Council authorizes the City Manager to execute future participant agreements associated with the One Washington MOU. Be It Further Resolved, that in order to fully execute this Agreement, the City Council of the City of Pasco further resolves to authorize the City Manager to sign all necessary documents for that purpose including the Participation Forms, copies of which are attached hereto and incorporated herein by reference as Exhibit C. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _______, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 50 of 150 ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN WASHINGTON MUNICIPALITIES Whereas,the people of the State of Washington and its communities have been harmed by entities within the Pharmaceutical Supply Chain who manufacture,distribute,and dispense prescription opioids; Whereas,certain Local Governments,through their elected representatives and counsel, are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of prescription opioids accountable for the damage they have caused to the Local Governments; Whereas,Local Governments and elected of?cials share a common desire to abate and alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain throughout the State of Washington,and strive to ensure that principals of equity and equitable service delivery are factors considered in the allocation and use of Opioid Funds;and Whereas,certain Local Governments engaged in litigation and the other cities and counties in Washington desire to agree on a form of allocation for Opioid Funds they receive ?'om entities within the PharmaceuticalSupply Chain. Now therefore,the Local Governments enter into this Memorandmn of Understanding (“MOU”)relating to the allocation and use of the proceeds of Settlements described. A.Definitions As used in this MOU: 1.“Allocation Regions”are the same geographic areas as the existing nine (9)Washington State AccountableCommunity of Health (ACH)Regions and have the purpose describedin Section C below. 2.“Approved Purpose(s)”shall mean the strategies speci?ed and set forth in the Opioid Abatement Strategies attached as Exhibit A. 3.“Effective Date”shall mean the date on which a court of competent jurisdiction enters the first Settlement by order or consent decree.The Parties anticipate that more than one Settlement will be administeredaccording to the terms of this MOU,but that the first entered Settlement will trigger allocation of Opioid Funds in accordance with Section B herein,and the formation of the Opioid Abatement Councils in Section C. 4.“Litigating Local Govemment(s)”shall mean Local Governments that ?led suit against any Pharmaceutical Supply Chain Participant pertaining to the Opioid epidemic prior to September 1,2020. Exhibit A Page 51 of 150 5.“Local Govemment(s)”shall mean all counties,cities,and towns within the geographic boundaries of the State of Washington. 6.“National Settlement Agreements”means the national opioid settlement agreements dated July 21,2021 involving Johnson &Johnson,and distributorsAmerisourceBergen,Cardinal Health and McKesson as well as their subsidiaries,af?liates,officers,and directors named in the National Settlement Agreements,including all amendmentsthereto. 7.“Opioid Funds”shall mean monetary amounts obtained through a Settlement as de?ned in this MOU. 8.“Opioid Abatement Council”shall have the meaning described in Section C below. 9.“Participating Local Govemment(s)”shall mean all counties, cities,and towns within the geographic boundariesof the State that have chosen to sign on to this MOU.The Participating Local Governments may be referred to separately in this MOU as “Participating Counties”and “Participating Cities and Towns”(or “Participating Cities or Towns,”as appropriate)or “Parties.” 10.“Pharmaceutical Supply Chain”shall mean the process and channels through which controlledsubstances are manufactured,marketed, promoted,distributed,and/or dispensed,including prescriptionopioids. 1 1.“Pharmaceutical Supply Chain Participant”shall mean any entity that engages in or has engaged in the manufacture,marketing,promotion, distribution,and/or dispensing of a prescriptionopioid,including any entity that has assisted in any of the above. 12.“Quali?edSettlement Fund Account,”or “QSFAccount,”shall mean an account set up as a quali?ed settlement fund,468b fund,as authorized by Treasury Regulations 1.468B-l(c)(26 CFR §l.468B-1). 13.“Regional Agreements”shall mean the understanding reached by the Participating Local Counties and Cities within an Allocation Region governing the allocation,management,distribution of Opioid Funds within that Allocation Region. 14.“Settlement”shall mean the future negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by the Participating Local Governments.“Settlement”expressly does not include a plan of reorganization con?rmed under Title llof the United States Code,irrespective of the extent to which Participating Local Governments vote in favor of or otherwise support such plan of reorganization. Page 52 of 150 15.“Trustee”shall mean an independent trustee who shall be responsible for the ministerial task of releasing Opioid Funds from a QSFaccount to Participating Local Governments as authorizedherein and accounting for all payments into or out of the trust. 16.The “Washington State AccountableCommunities of Health”or “ACH”shall mean the nine (9)regions described in Section C below. B.Allocation of Settlement Proceeds for Approved Purposes 1.All Opioid Funds shall be held in a QSFand distributedby the Trustee,for the bene?t of the Participating Local Governments,only in a manner consistentwith this MOU.Distributionof Opioid Funds will be subject to the mechanismsfor auditing and reporting set forth below to provide public accountability and transparency. 2.All Opioid Funds,regardless of allocation,shall be utilized pursuant to Approved Purposes as de?ned herein and set forth in Exhibit A. Compliance with this requirement shall be veri?ed through reporting,as set out in this MOU. 3.The division of Opioid Funds shall first be allocated to Participating Counties based on the methodology utilized for the Negotiation Class in In Re:National Prescription Opiate Litigation,United States District Court for the Northern District of Ohio,Case No.1:17-md-02804—DAP.The allocation model uses three equally weighted factors:(1)the amount of opioids shipped to the county;(2)the number of opioid deaths that occurred in that county;and (3)the number of people who suffer opioid use disorder in that county.The allocation percentages that result from application of this methodology are set forth in the “County Total”line item in Exhibit B.In the event any county does not participatein this MOU,that county’s percentage share shall be reallocated proportionallyamongst the Participating Counties by applying this same methodology to only the Participating Counties. 4.Allocation and distribution of Opioid Funds within each Participating County will be based on regional agreements as described in Section C. C.Regional Agreements 1.For the purpose of this MOU,the regional structure for decision- making related to opioid fund allocation will be based upon the nine (9)pre- de?ned Washington State Accountable Community of Health Regions (Allocation Regions).Reference to these pre-defmed regions is solely for the purpose of Page 53 of 150 drawing geographic boundaries to facilitate regional agreements for use of Opioid Funds.The Allocation Regions are as follows: o King County (Single County Region) o Pierce County (Single County Region) 0 Olympic Community of Health Region (Clallam,Jefferson,and Kitsap Counties) o Cascade Paci?c Action Alliance Region (Cowlitz,Grays Harbor,Lewis, Mason,Paci?c,Thurston,Lewis,and Wahkiakum Counties) 0 North Sound Region (Island,San Juan,Skagit,Snohomish,and Whatcom Counties) -SouthWest Region (Clark,Klickitat,and Skamania Counties) o Greater Columbia Region (Asotin,Benton,Columbia,Franklin,Gar?eld, Kittitas,Walla Walla,Whitman,and Yakima Counties) o Spokane Region (Adams,Ferry,Lincoln,Pend Oreille,Spokane,and Stevens Counties) o North Central Region (Chelan,Douglas,Grant,and Okanogan Counties) 2.Opioid Funds will be allocated,distributed and managed within each Allocation Region,as determined by its Regional Agreement as set forth below.If an Allocation Region does not have a Regional Agreement enumerated in this MOU,and does not subsequently adopt a Regional Agreement per Section C.5,the default mechanism for allocation,distributionand management of Opioid Funds described in Section C.4.a will apply.Each Allocation Region must have an OAC whose compositionand responsibilities shall be de?ned by Regional Agreement or as set forth in Section C.4. 3.King County’s Regional Agreement is re?ected in Exhibit C to this MOU. 4.All other Allocation Regions that have not speci?ed a Regional Agreement for allocating,distributing and managing Opioid Funds,will apply the following default methodology: a.Opioid Funds shall be allocated within each Allocation Region by taking the allocation for a Participating County from Exhibit B and apportioning those funds between that Participating County and its Participating Cities and Towns.Exhibit B also sets forth the allocation to the Participating Counties and the Participating Cities or Towns within the Counties based on a default allocation formula.As set forth above in Section B.3,to determine the allocation to a county,this formula utilizes: (1)the amount of opioids shipped to the county;(2)the number of opioid deaths that occurred in that county;and (3)the number of people who suffer opioid use disorder in that county.To determine the allocation within a county,the fonnula utilizes historical federal data showing how the speci?c Counties and the Cities and Towns within the Counties have Page 54 of 150 made opioids epidemic-related expenditures in the past.This is the same methodology used in the National Settlement Agreements for county and intra-county allocations.A Participating County,and the Cities and Towns within it may enter into a separate intra-county allocation agreement to modify how the Opioid Funds are allocated amongst themselves,provided the modi?cation is in writing and agreed to by all Participating Local Governments in the County.Such an agreement shall not modify any of the other terms or requirementsof this MOU. b.10%of the Opioid Funds received by the Region will be reserved, on an annual basis,for administrativecosts related to the OAC.The OAC will provide an annual accounting for actual costs and any reserved funds that exceed actual costs will be reallocated to Participating Local Governments within the Region. c.Cities and towns with a population of less than 10,000 shall be excluded from the allocation,with the exception of cities and towns that are Litigating Participating Local Governments.The portion of the Opioid Funds that would have been allocatedto a city or town with a population of less than 10,000 that is not a Litigating Participating Local Government shall be redistributed to Participating Counties in the manner directed in C.4.a above. d.Each ParticipatingCounty,City,or Town may elect to have its share re-allocated to the OAC in which it is located.The OAC will then utilize this share for the bene?t of Participating Local Governments within that Allocation Region,consistentwith the Approved Purposes set forth in Exhibit A.A Participating Local Government’s election to forego its allocation of Opioid Funds shall apply to all future allocationsunless the Participating Local Government noti?es its respective OAC otherwise.Ifa Participating Local Government elects to forego its allocation of the Opioid Funds,the Participating Local Government shall be excused ?'om the reporting requirements set forth in this Agreement. e.Participating Local Governments that receive a direct payment maintain full discretion over the use and distribution of their allocation of Opioid Funds,provided the Opioid Funds are used solely for Approved Purposes.Reasonable administrative costs for a Participating Local Government to administer its allocation of Opioid Funds shall not exceed actual costs or 10%of the Participating Local Govemment’s allocation of Opioid Funds,whichever is less. f.A Local Government that chooses not to become a Participating Local Government will not receive a direct allocation of Opioid Funds. The portion of the Opioid Funds that would have been allocated to a Local Government that is not a Participating Local Government shall be Page 55 of 150 redistributedto Participating Counties in the manner directed in C.4.a above. g.As a condition of receiving a direct payment,each Participating Local Government that receives a direct payment agrees to undertake the following actions: i.Developing a methodology for obtaining proposals for use of Opioid Funds. ii.Ensuring there is opportunity for community-based input on priorities for Opioid Fund programs and services. iii.Receiving and reviewing proposals for use of Opioid Funds for Approved Purposes. iv.Approving or denying proposals for use of Opioid Funds for Approved Purposes. v.Receiving funds from the Trustee for approved proposals and distributingthe Opioid Funds to the recipient. vi.Reporting to the OAC and making publicly available all decisions on Opioid Fund allocation applications, distributionsand expenditures. h.Prior to any distribution of Opioid Funds within the Allocation Region,The Participating Local Governments must establish an Opioid Abatement Council (OAC)to oversee Opioid Fund allocation, distribution,expendituresand dispute resolution.The OAC may be a preexisting regional body or may be a new body created for purposes of executing the obligations of this MOU. i.The OAC for each Allocation Region shall be composed of representation from both Participating Counties and Participating Towns or Cities within the Region.The method of selecting members,and the terms for which they will serve will be determined by the Allocation Region’s Participating Local Governments.All persons who serve on the OAC must have work or educationalexperience pertaining to one or more Approved Uses. j.The Regional OAC will be responsible for the following actions: i.Overseeing distribution of Opioid Funds ?'om Participating Local Governments to programs and services within the Allocation Region for Approved Purposes. Page 56 of 150 iii. iv. vi. vii. Annual review of expenditure reports from Participating Local Jurisdictionswithin the Allocation Region for compliance with Approved Purposes and the terms of this MOU and any Settlement. In the case where Participating Local Governments chose to forego their allocation of Opioid Funds: (i)Approving or denying proposals by Participating Local Governments or community groups to the OAC for use of Opioid Funds within the Allocation Region. (ii)Directing the Trustee to distribute Opioid Funds for use by ParticipatingLocal Governments or community groups whose proposals are approved by the OAC. (iii)Administratingand maintaining records of all OAC decisions and distributions of Opioid Funds. Reporting and making publicly available all decisions on Opioid Fund allocation applications,distributionsand expenditures by the OAC or directly by Participating Local Governments. Developing and maintaining a centralizedpublic dashboard or other repository for the publicationof expenditure data from any Participating Local Government that receives Opioid Funds,and for expenditures by the OAC in that Allocation Region,which it shall update at least annually. If necessary,requiringand collecting additional outcome- related data from Participating Local Governments to evaluate the use of Opioid Funds,and all Participating Local Governments shall comply with such requirements. Hearing complaints by Participating Local Governments within the AllocationRegion regarding alleged failure to (1)use Opioid Funds for Approved Purposes or (2)comply with reporting requirements. 5.Participating Local Governments may agree and elect to share, pool,or collaborate with their respective allocation of Opioid Funds in any manner they choose by adopting a Regional Agreement,so long as such sharing,pooling,or collaboration is used for Approved Purposes and complies with the terms of this MOU and any Settlement. Page 57 of 150 6.Nothing in this MOU should alter or change any Participating Local Govemment’s rights to pursue its own claim.Rather,the intent of this MOU is to join all parties who wish to be Participating Local Governments to agree upon an allocation formula for any Opioid Funds from any future binding Settlement with one or more Pharmaceutical Supply Chain Participantsfor all Local Governments in the State of Washington. 7.If any Participating Local Government disputes the amount it receives from its allocation of Opioid Funds,the Participating Local Government shall alert its respective OAC within sixty (60)days of discovering the information underlying the dispute.Failure to alert its OAC within this time frame shall not constitute a waiver of the Participating Local Govemment’s right to seek recoupment of any deficiency in its allocation of Opioid Funds. 8.If any OAC concludes that a Participating Local Govemment’s expenditure of its allocation of Opioid Funds did not comply with the Approved Purposes listed in Exhibit A,or the terms of this MOU,or that the Participating Local Government otherwise misused its allocation of Opioid Funds,the OAC may take remedial action against the alleged offending Participating Local Government.Such remedial action is left to the discretion of the OAC and may include withholding ?iture Opioid Funds owed to the offending Participating Local Government or requiring the offending Participating Local Government to reimburse improperly expended Opioid Funds back to the OAC to be re-allocatedto the remaining Participating Local Governments within that Region. 9.All Participating Local Governments and OAC shall maintain all records related to the receipt and expenditure of Opioid Funds for no less than ?ve (5)years and shall make such records available for review by any other Participating Local Government or OAC,or the public.Records requested by the public shall be produced in accordancewith Washington’s Public Records Act RCW 42.56.001 et seq.Records requested by another Participating Local Government or an OAC shall be produced within twenty-one (21)days of the date the record request was received.This requirement does not supplant any Participating Local Government or OAC’s obligations under Washington’s Public Records Act RCW 42.56.00]et seq. D.Payment of Counsel and Litigation Expenses 1.The Litigating Local Governments have incurred attorneys’fees and litigation expenses relating to their prosecution of claims against the Pharmaceutical Supply Chain Participants,and this prosecutionhas inured to the bene?t of all Participating Local Governments.Accordingly,a Washington Page 58 of 150 Government Fee Fund (“GFF”)shall be establishedthat ensures that all Parties that receive Opioid Funds contribute to the payment of fees and expenses incurred to prosecute the claims against the Pharmaceutical Supply Chain Participants, regardless of whether they are litigating or non-litigating entities. 2.The amount of the GFF shall be based as follows:the funds to be deposited in the GFF shall be equal to 15%of the total cash value of the Opioid Funds. 3.The maximum percentage of any contingency fee agreement permitted for compensation shall be 15%of the portion of the Opioid Funds allocated to the Litigating Local Government that is a party to the contingency fee agreement,plus expenses attributableto that Litigating Local Government.Under no circumstances may counsel collect more for its work on behalf of a Litigating Local Government than it would under its contingency agreement with that Litigating Local Government. 4.Payments from the GFF shall be overseen by a committee (the “Opioid Fee and Expense Committee”)consisting of one representative of the following law ?rms:(a)Keller Rohrback L.LP.;(b)Hagens Bennan Sobol Shapiro LLP;(c)Goldfarb &Huck Roth Riojas,PLLC;and (d)'Napoli Shkolnik PLLC.The role of the Opioid Fee and Expense Committee shall be limited to ensuring that the GFF is administered in accordance with this Section. 5.In the event that settling PharmaceuticalSupply Chain Participants do not pay the fees and expenses of the Participating Local Governments directly at the time settlementis achieved,payments to counsel for Participating Local Governments shall be made ?'om the GFF over not more than three years,with 50%paid within 12 months of the date of Settlement and 25%paid in each subsequent year,or at the time the total Settlement amount is paid to the Trustee by the Defendants,whichever is sooner. 6.Any ?mds remaining in the GFF in excess of:(i)the amounts needed to cover Litigating Local Governments’private counsel’s representation agreements,and (ii)the amounts needed to cover the common bene?t tax discussed in Section C.8 below (if not paid directly by the Defendants in connectionwith future settlement(s),shall revert to the Participating Local Governments pro rata according to the percentages set forth in Exhibits B,to be used for Approved Purposes as set forth herein and in Exhibit A. 7.In the event that funds in the GFF are not sufficient to pay all fees and expenses owed under this Section,payments to counsel for all Litigating Local Governments shall be reduced on a pro rata basis.The Litigating Local Governments will not be responsiblefor any of these reduced amounts. Page 59 of 150 8.The Parties anticipate that any Opioid Funds they receive will be subject to a common bene?t “tax”imposed by the court in In Re:National Prescription Opiate Litigation,United States District Court for the Northern District of Ohio,Case No.1:17-md-02804-DAP(“Common Bene?t Tax”).If this occurs,the Participating Local Governments shall ?rst seek to have the settling defendants pay the Common Bene?t Tax.If the settling defendants do not agree to pay the Common Bene?t Tax,then the Common Bene?t Tax shall be paid from the Opioid Funds and by both litigating and non-litigating Local Governments.This payment shall occur prior to allocation and distribution of funds to the Participating Local Governments.In the event that GFF is not fully exhausted to pay the Litigating Local Governments’private counsel’s representation agreements,excess ?mds in the GFF shall be applied to pay the Common Bene?t Tax (if any). .General Terms 1.If any Participating Local Government believes another Participating Local Government,not including the Regional Abatement Advisory Councils,violated the terms of this MOU,the alleging Participating Local Government may seek to enforce the terms of this MOU in the court in which any applicable Settlement(s)was entered,provided the alleging Participating Local Government ?rst provides the alleged offending Participating Local Government notice of the alleged vio1ation(s)and a reasonable opportunity to cure the alleged violation(s).In such an enforcement action,any alleging Participating Local Government or alleged offending Participating Local Government may be represented by their respective public entity in accordance with Washington law. 2.Nothing in this MOU shall be interpreted to waive the right of any Participating Local Government to seek judicial relief for conduct occurring outside the scope of this MOU that violates any Washington law.In such an action,the alleged offending Participating Local Government,including the Regional Abatement Advisory Councils,may be represented by their respective public entities in accordance with Washington law.In the event of a con?ict,any Participating Local Government,including the Regional Abatement Advisory Councils and its Members,may seek outside representation to defend itself against such an action. 3.Venue for any legal action related to this MOU shall be in the court in which the Participating Local Government is located or in accordance with the court rules on venue in that jurisdiction.This provision is not intended to expand the court rules on venue. 4.This MOU may be executed in two or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument.The Participating Local Governments approve the use of electronic signatures for execution of this MOU.All use of electronic signatures 10 Page 60 of 150 shall be governed by the Uniform Electronic Transactions Act,C.KS.§§24-71.3- 101,et seq.The Parties agree not to deny the legal effect or enforceability of the MOU solely because it is in electronicform or because an electronic record was used in its formation.The ParticipatingLocal Government agree not to object to the admissibility of the MOU in the form of an electronic record,or a paper copy of an electronic document,or a paper copy of a document bearing an electronic signature,on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 5.Each Participating Local Government represents that all procedures necessary to authorize such Participating Local Govemment’s execution of this MOU have been performed and that the person signing for such Party has been authorized to execute the MOU. [Remainder of Page Intentionally Left Blank —Signature Pages Follow] 11 Page 61 of 150 This One Washington Memoran um of Understanding Between Washington Municipalities is signed this (>7qardayof[E 1 ,2022 by: 12 Page 62 of 150 EXHIBIT A Page 63 of 150 A. OPIOID ABATEMENT STRATEGIES PART ONE:TREATMENT TREAT OPIOID USE DISORDER {OUD} Supporttreatment of Opioid Use Disorder (OUD)and any co-occuning Substance Use Disorder or Mental Health (SUD/MI-I)conditions,co-usage,and/or co-addiction through evidence-based,evidence-infonned,or promising programs or strategies that may include, but are not limited to,the following: 1.Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, co-usage,and/or co-addiction,including all forms of Medication-AssistedTreatment (MAT)approved by the U.S.Food and Drug Administration. Support and reimburse services that include the full American Society of Addiction Medicine (ASAM)continuum of care for OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction,including but not limited to: a.Medication-AssistedTreatment (MAT); b.Abstinence-basedtreatment; c.Treatment,recovery,or other services provided by states,subdivisions, community health centers;non-for-profit providers;or for-pro?t providers; d.Treatment by providers that focus on OUD treatment as well as treatment by providers that offer OUD treatment along with treatment for other SUD/MH conditions,co-usage,and/or co-addiction;or e.Evidence-informedresidentialservices programs,as noted below. .Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction,including MAT,as well as counseling,psychiatric support,and other treatment and recovery support services. Improve oversight of Opioid Treatment Programs (OTPS)to assure evidence-based, evidence-infonned,or promising practices such as adequate methadone dosing. Support mobile intervention,treatment,and recovery services,offered by quali?ed professionals and service providers,such as peer recovery coaches,for persons with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction and for persons who have experiencedan opioid overdose. Support treatment of mental health trauma resulting from the traumatic experiences of the opioid user (e.g.,violence,sexual assault,human trafficking,or adverse childhood experiences)and family members (e.g.,surviving family members after an overdose 1 Page 64 of 150 or overdose fatality),and training of health care personnel to identify and address such trauma. 7.Support detoxi?cation (detox)and withdrawal management services for persons with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction, including medical detox,referral to treatment,or connections to other services or supports. 8.Support training on MAT for health care providers,students,or other supporting professionals,such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9.Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction. 10.Provide fellowships for addiction medicine specialists for direct patient care, instructors,and clinical research for treatments. 11.Provide ?mding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000)to prescribe MAT for OUD,and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 12.Support the dissemination of web-based training curricula,such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service-Opioids web- based training curriculum and motivational interviewing. 13.Support the development and disseminationof new curricula,such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication-Assisted Treatment. B.SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for and recovery from OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction through evidence-based,evidence-informed,or promising programs or strategies that may include,but are not limited to,the following: 1.Provide the full continuum of care of recovery services for OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction,including supportive housing, residential treatment,medical detox services,peer support services and counseling, community navigators,case management,and connections to community-based services. 2.Provide counseling,peer-support,recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction. Page 65 of 150 3.Provideaccess to housing for people with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction,including supportive housing,recovery housing,housing assistanceprograms,or training for housing providers. 4.Provide community support services,including social and legal services,to assist in demstitutionalizing persons with OUD and any co-occurring SUD/MH conditions,co- usage,and/or co-addiction. 5.Support or expand peer-recovery centers,which may include support groups,social events,computer access,or other services for persons with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction. 6.Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions,co-usage,and/or co- addiction. 7.Identify successful recovery programs such as physician,pilot,and college recovery programs,and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 8.Engage non-pro?ts,faith-based communities,and community coalitions to support people in treatment and recovery and to support family members in their efforts to manage the opioid user in the family. 9.Provide training and development of procedures for government staff to appropriately interact and provide social and other services to current and recovering opioid users, including reducing stigma. 10.Support stigma reduction efforts regarding treatment and support for persons with OUD,including reducing the stigma on effective treatment. C.CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED |CONNECI'IONS'Il()C&) Provide connections to care for people who have —or are at risk of developing —OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction through evidence- based,evidence-infonned,or promising programs or strategies that may include,but are not limited to,the following: 1.Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary)a patient for OUD treatment. 2.Support Screening,Brief Intervention and Referral to Treatment (SBIRT)programs to reduce the transition from use to disorders. 3.Provide training and long-tenn implementation of SBIRT in key systems (health, schools,colleges,criminal justice,and probation),with a focus on youth and young adults when transition from misuse to opioid disorder is common. Page 66 of 150 Purchase automated versions of SBIRT and support ongoing costs of the technology. Supporttraining for emergency room personnel treating opioid overdose patients on post-discharge planmng,including community referrals for MAT,recovery case management or support services. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction,or persons who have experienced an opioid overdose,into community treatment or recovery services through a bridge clinic or similar approach. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions,co- usage,and/or co-addiction or persons that have experienced an opioid overdose. Support the work of Emergency Medical Systems,including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. Provide ?mding for peer support specialists or recovery coaches in emergency departments,detox facilities,recovery centers,recovery housing,or similar settings; offer services,supports,or connections to care to persons with OUD and any co- occurring SUD/MH conditions,co-usage,and/or co-addictionor to persons who have experienced an opioid overdose. 10.Provide ftmding for peer navigators,recovery coaches,care coordinators,or care 11. managers that offer assistance to persons with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction or to persons who have experienced on opioid overdose. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child;and support prevention,intervention, treatment,and recovery programs focused on young people. 12.Develop and support best practices on addressing OUD in the workplace. 13.Support assistance programs for health care providers with OUD. 14.Engage non-pro?ts and the faith community as a system to support outreach for treatment. 15.Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction. 16.Create or support intake and call centers to facilitate education and access to treatment,prevention,and recovery services for persons with OUD and any co- occurring SUD/MH conditions,co-usage,and/or co-addiction. Page 67 of 150 17.Develop or support a National Treatment Availability Clearinghouse —a D. multistate/nationally accessible database whereby health care providers can list locations for currently available in-patient and out-patient OUD treatment services that are accessible on a real-timebasis by persons who seek treatment. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions,co- usage,and/or co-addiction who are involved —or are at risk of becoming involved —in the criminal justice system through evidence-based,evidence-informed,or promising programs or strategies that may include,but are not limited to,the following: 1.Support pre-arrest or post-arrest diversion and de?ection strategies for persons with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction, including established strategies such as: a.Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b.Active outreach strategies such as the Drug Abuse Response Team (DART) model; c.“Naloxone Plus”strategies,which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriateservices; (1.Of?cer prevention strategies,such as the Law Enforcement Assisted Diversion (LEAD)model; e.Of?cer intervention strategies such as the Leon County,Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; f.Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise and to reduce perceived barriers associated with law enforcement 911 responses;or g.County prosecution diversion programs,including diversion of?cer salary,only for counties with a population of 50,000 or less.Any diversion services in matters involving opioids must include drug testing,monitoring,or treatment. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction to evidence-informed treatment, including MAT,and related services. .Support treatment and recovery courts for persons with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction,but only if these courts provide referrals to evidence-informed treatment,including MAT. Page 68 of 150 4.Provide evidence-informed treatment,including MAT,recovery support,or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction who are incarcerated in jail or prison. 5.Provide evidence—informedtreatment,including MAT,recovery support,or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction who are leaving jail or prison have recently left jail or prison,are on probation or parole,are under community corrections supervision,or are in re-entry programs or facilities. 6.Support critical time interventions (C'I'I),particularly for individuals living with dual- diagnosis OUD/serious mental illness,and services for individuals who face immediaterisks and service needs and risks upon release from correctional settings. 7.Provide training on best practices for addressing the needs of criminal-justice- involved persons with OUD and any co-occurring SUD/MI-Iconditions,co-usage, and/or co-addiction to law enforcement,correctional,or judicial personnel or to providers of treatment,recovery,case management,or other services offered in connection with any of the strategies described in this section. E.ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction,and the needs of their families,including babies with neonatal abstinence syndrome,through evidence-based,evidence-informed,or promising programs or strategies that may include,but are not limited to,the following: 1.Support evidence-based,evidence-infonned,or promising treatment,including MAT, recovery services and supports,and prevention services for pregnant women —or women who could become pregnant —who have OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction,and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2.Provide training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction. 3.Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 4.Provide enhanced support for children and family members suffering trauma as a result of addiction in the family;and offer trauma-informed behavioral health treatment for adverse childhood events. Page 69 of 150 5.Offer enhanced family supports and home-basedwrap-around services to persons with OUD and any co-occurring SUD/MI-I conditions,co-usage,and/or co-addiction, includingbut not limited to parent skills training. Support for Children’s Services -Fund additional positions and services,including supportive housing and other residential services,relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO:PREVENTION PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support e?brts to prevent over—prescribingand ensure appropriate prescribing and dispensing of opioids through evidence-based,evidence-informed,or promising programs or strategies that may include,but are not limited to,the following: 1.Training for health care providers regarding safe and responsible opioid prescribing, dosing,and tapering patients off opioids. Academic counter-detailing to educate prescribers on appropriate opioid prescribing. Continuing Medical Education (CME)on appropriateprescribing of opioids. Support for non-opioid pain treatment alternatives,including training providers to offer or refer to multi-modal,evidence-informedtreatment of pain. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPS),including but not limited to improvementsthat: a.Increase the number of prescribers using PDMPs; b.Improve point-of-care decision-making by increasing the quantity,quality,or format of data available to prescribers using PDMPs or by improving the interface that prescribersuse to access PDMP data,or both;or c.Enable states to use PDMP data in support of surveillance or intervention strategies,including MAT referrals and follow-up for individuals identi?ed within PDMP data as likely to experience OUD. Development and implementation of a national PDMP —Fund development of a multistate/national PDMP that permits information sharing while providing appropriate safeguards on sharing of private health information,including but not limited to: a.Integration of PDMP data with electronic health records,overdose episodes, and decision support tools for health care providers relating to OUD. Page 70 of 150 b.Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database. 7.Increase electronic prescribing to prevent diversion or forgery. 8.Educate Dispensers on appropriate opioid dispensing. G.PREVENT NIISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based,evidence- informed,or promising programs or strategies that may include,but are not limited to,the following: 1. 2. Corrective advertising or affirmative public education campaigns based on evidence. Public education relating to drug disposal. .Drug take-back disposal or destructionprograms. Fund community anti-drug coalitions that engage in drug prevention efforts. Support community coalitions in implementing evidence-informed prevention,such as reduced social access and physical access,stigma reduction —including staf?ng, educational campaigns,support for people in treatment or recovery,or training of coalitions in evidence-informed implementation,including the Strategic Prevention Framework developed by the U.S.Substance Abuse and Mental Health Services Administration (SAMI-ISA). Engage non-pro?ts and faith-based communities as systems to support prevention. Support evidence-informed school and community education programs and campaigns for students,families,school employees,school athletic programs,parent- teacher and student associations,and others. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. Support community-based education or intervention services for families,youth,and adolescents at risk for OUD and any co-occurring SUD/MH conditions,co-usage, and/or co-addiction. 10.Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs,including emotional modulation and resilience skills. 11.Support greater access to mental health services and supports for young people, including services and supports provided by school nurses or other school staff,to Page 71 of 150 H. address mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. PREVENT OVERDOSE DEATHS AND OTHER HARMS Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based,evidence-inforrned,or promising programs or strategies that may include, but are not limited to,the following: 1.Increase availability and distribution of naloxone and other drugs that treat overdoses for ?rst responders,overdose patients,opioid users,families and friends of opioid users,schools,community navigators and outreach workers,drug offenders upon release from jail/prison,or other members of the general public. Provision by public health entities of free naloxone to anyone in the community, including but not limited to provision of intra-nasal naloxone in settings where other options are not available or allowed. .Training and education regarding naloxone and other drugs that treat overdoses for first responders,overdose patients,patients taking opioids,families,schools,and other members of the general public. Enable school nurses and other school staff to respond to opioid overdoses,and provide them with naloxone,training,and support. .Expand,improve,or develop data tracking software and applications for overdoses/naloxonerevivals. Public education relating to emergency responses to overdoses. Public education relating to immunity and Good Samaritan laws. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 10.Support mobile units that offer or provide referrals to treatment,recovery supports, health care,or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction. 11.Provide training in treatment and recovery strategies to health care providers, students,peer recovery coaches,recovery outreach specialists,or other professionals that provide care to persons who use opioids or persons with OUD and any co- occun-ing SUD/MH conditions,co-usage,and/or co-addiction. 12.Support screening for fentanyl in routine clinical toxicology testing. Page 72 of 150 I. PART THREE:OTHER STRATEGIES FIRST RESPONDERS In addition to items C8,D1 through D7,H1,H3,and H8,support the following: 1. 2. J. Current and future law enforcement expenditures relating to the opioid epidemic. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. LEADERSHIP PLANNING AND COORDINATION Support efforts to provide leadership,planning,and coordination to abate the opioid epidemic through activities,programs,or strategies that may include,but are not limited to,the following: 1. K. Community regional planning to identify goals for reducing harms related to the opioid epidemic,to identify areas and populations with the greatest needs for treatment intervention services,or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. A government dashboard to track key opioid-related indicators and supports as identi?ed through collaborativecommunity processes. .Invest in infrastructure or staf?ng at government or not-for-pro?t agencies to support collaborative,cross-system coordination with the purpose of preventing overprescribing,opioid misuse,or opioid overdoses,treating those with OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction,supporting them in treatment or recovery,connecting them to care,or implementing other strategies to abate the opioid epidemic describedin this opioid abatement strategy list. Provide resources to staff government oversight and management of opioid abatement programs. TRAINING In addition to the training referred to in various items above,support training to abate the opioid epidemic through activities,programs,or strategies that may include,but are not limited to,the following: 1.Provide funding for staff training or networking programs and services to improve the capability of government,community,and not-for-pro?t entities to abate the opioid crisis. Invest in infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse,prevent overdoses,and treat those with OUD and any co- occurring SUD/MH conditions,co-usage,and/or co-addiction,or implement other 10 Page 73 of 150 L. strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g.,health care,primary care,pharmacies,PDMPS,etc.). RESEARCH Support opioid abatement research that may include,but is not limited to,the following: 1.Monitoring,surveillance,and evaluation of programs and strategies described in this opioid abatement strategy list. Research non-opioid treatment of chronic pain. .Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances(e.g.Hawaii HOPE and Dakota 24/7). .Research on expanded modalities such as prescription methadone that can expand access to MAT. ll Page 74 of 150 EXHIBITB Adams County 3‘?'3FT.‘§.C95‘Vt)’ .".'3to‘='t°"n Li?d.. Qthello Ritzville T Washtucna T 89990.‘)!T013" Asotin Coung AS9.tin99untY ‘ A.S9_'¥in. V Clarkston County Total: Benton Coung BentonCounty BentonCity Kennewickj Ffrosser Righland West Richland County Total: i Chelan Count_y ChelanCounty C3=‘:°>h'_T‘°“? Chelan ED1.i?t. Leayenworth Wenatchee ..C°“.'“Y.T9tE"? Clallam Couny ..C'i"amC9F.‘"tV F9rks 8 7 PortAngeles Sequim CountyI°tal=, 8 ***-Local Government appears in multiple counties B-1 Q+.15.3§7.32475% 9-.153§73247_5%. T O.469V4l_1!-»J>838V6% 1.4848831892%V 0-5415550-554% o.4755779517% 0.0459360490% 2.54g_o§22453% o.74349»1448sV% 0.2968333494% .1-940382479797!’ 1.-.3.9a75?$3401%. o.4s98387o5278% 1.e7575.353933% Page 75 of 150 EXHIBITB Clark Coung TC!aTrk¢9tTmTtvl I B§Tt.tTT|T<%TG!9TuTrisiTTT T TT T W §amaTsT T,T TLaTTCenterT Ridse?¢|dT Y<'anc°_wT9rT. TWa§h9TusaT!TT T W9°d!Tand*** Yacolt T C9T!Ir!tTvTTo£a|=. Columbia Coung ColumbiaCounty '..3.'9‘Yt.9T" VV V Starbuck QountyTotal: Cowlitz Coung CowlitzCounty CastleRock A Kalama T|5.~T=-r|T.s°T V T ':9'.‘3.VieWT Woodland*** County Total: Douglas County DT9t4s|a$Cswntv Bridgeport .C9'_-‘.'."-TTe.D3’“**.* T5???T‘_’V.e!‘.aT".CTThT¢e A Mansfield RockIsland Waterville TCOWYT2t9|= Ferg Coung -Ef°T'T'T"V.CQQWY Republic CT‘."T‘.'?tY7975?‘: ***-Local Government appears in multiple counties B-2 T 4.-T§}_‘}§7.Z§32.§%. o..13s47z9§§7_7}. T oi-2_T6s9;Tss»2T7T2_=1f°/_«§T 1.z3Q5i6o5§2s%i 0~1279T328229%» 5:7$.¥293145Z% 0.0S616_99_537% 0.0561699537% 1.72V2s\94599o;% T o.13s;44s27o‘?/é»T o.61§T27369os% 2.4720828165% 0»393217s1T75%T 0.o799§1o86s% 9.-4TT7§1T9359497?T T.°:1.153&T3.7994‘?/9 0-11$34§T799.4%. Page 76 of 150 EXHIBITB Franklin County FranklinCOHDW 9:§T35123719T4% C9f.‘.'?.9"T Kahlotus M?” T T Pasco 0.4278056066% T .C°P.".?VT.T9t3'?T9:Z§T39293?10% Gar?eld Coung GarfielclCounty 0.0321982209% Pomeroy T 4 C99r!t¥TTT9!al?T T 0.-T0§?.1?82209% Grant County F5Tr?T!1P.§9PntYT A ‘ 9:.9T9T3T2572TT1.57.% ?oulseCitv T CouleeDam“7‘** ElectricCity Ep_hrata G.¢9'8.Te GrandCoulee Hartline KVUPPT M3.“T?Wa T T T _T MosesLake O.2078293909% Quincy RoyalCity S-T°+'.=!p.T_L¢!keT Watden Wilson Creek C°T"?F¥TT9T*i!l?1-T-’T-9.19$5§97T5% ***-LocalGovernment appears in multiple counties B-3 Page 77 of 150 EXHIBITB ‘a!§L'§$§e§!9!' Grays Harbor Coung ?fav?*.!§'P°r C990?! TT T0:.9T9?T2f!%’T?.1$§?§T A99r9!9.9_n V T 1 T. 9TT-T2T4T?1TT5TT2T.?e.-°+?:TT-?»Tf’T/«.»T T.TC.T°_5'T‘9.P9'35T T . Elma Hoquiam Mctlearv VI M°'.‘Tt..°_53"° A 0T?'<vi|'Te_ I T OceanShores Westport T T TTC0.*!.'!*TYT°t?T'=TT TT 1:2&8§9544Z1% Island Coung islandCountv 'V 0-68T204226TT1T0% T‘T5.9.“TP‘?V_iT"e F-3"8'T"-Y I T Oak Harbor O.2511550431% Cou_rptyTota|:O.93319730f11_% Jefferson Conny Jefferson?county 0.4417137380% Port Townsend Coun1:yTota|:o.441713733o% ***-Local Government appears in multiple counties B-4 Page 78 of 150 EXHIBITB King Conny Ki.E18.§9UUtYT. T 13-9?437?25_5Z°T/9 TA|50nf<I T _‘x 4!‘TT 4‘ !T*.9PT!,Jr£!’5"‘* A Vt T 9eT2§?Z7?4?!?T% BTe3T“XArtsV"'aT3Te.I Be||_eTyge T 1.1_3Q059T2573% TB!a¢KPTi?Trn9ndTTTTTTT TT T T'_3_S?tT'.‘TT9’-_'!’T",T"""T T T AA 9:.1§2?§92T7T1TT§%T TsvrienT T o~o2io962921% Carnation T¢T|ydeHi'Ti. 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T T 9-T3I93T2TZ9573:?.%T W9os1iTnyiIITe% T V7 T0;9;8s5T16364%TT Yarrow Point CountyTTota|:2T6T.05O5T6T536O8T% ***-Local Government appears in multiple counties B-5 Page 79 of 150 EXHIBITB Kitsag County {$5.99.C.°F!'1FtYo_.t.....to .Bs'=rin_brit<!2:ei.!§'an.d.i to C .Bre_rn¢.rt°ni . PortOrchard Poulsbo CountyTota?ln: Kittitas County KittitasCounty CleElum 7 E?ensburs Kittitas_ Roslyn South Cle Elum C0999Total: Klickitat County KlickitatCounty W39‘?nGoidengaie White Salmon County Total: Lewis Coung Lewis County Cne‘nntnran|i_a Chehalis M°"9" Mossyrock Nanevinue ReEll Toledo T Vader. Winlock c°‘!'.?*.V79.93" ***-Local Government appears in multiple counties B-6 2-§3?.4_1..3§,§§§%. T 9:,13_§f’r§?¥‘§9.1_4% 9:§.1..5.?_3_.3Z4!3§.9_.9.‘. P-19994971529? 0.0773748246% 3:§535439479% n 0.385SZ046_83% i o:09s582491s% 9-{’:§11_5.29§93% 0:?21.1.5?3457% 9:%211573457% 1.o777377479% 0-e19°999°353% e1:2.537357§32% Page 80 of 150 EXHIBITB Lincoln County .!i_n°9|.nCPUUW_ 4 0:1?1255954§% Almira, ?'.¢$_t°’!, Da."°“P_9.Tt I-larrington 9.4.3533 '3?3.'.d3'.‘ o5P"38!"? Wilbur _¢9!!!'?Y T.9_*.*!|=,..0:171Z§59§45.% Mason County MasonCounty A 0.8089$18Q1‘2% Shelton 0.1239179888% .C°U?!YT9*=l=o—9329097909% Okanogan Coung 0ka_n0ssanoC0untv i0-6.145,043345% B.FeW5t9T Qonconully Coulee Dam*** ',5.lo"‘.eo'OW _N¢§P‘.9leW Qkanogan Omak 9'79Vme. '?_3’€‘?'i°-‘e. Riverside. Tonasket I."Yi5P 7 Winthrop % County Total: T 0.6145Q4334$% Paci?c Coung _|_’a_ci?cCounty _ 0.4A89pA5_41646§% llwaco LongBeach '3§Y”.‘9')do .. South Bend ‘CountyTotal: A O.489541646§% ***-Local Government appears in multiple counties B-7 Page 81 of 150 EXHIBITB Pend Oreille Coung -P§Tn9T9r9iT!|_eTTCT9t!n:vTTTTT9Te256T§?»T7€949f'/s? 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Mi|t9!‘T*** Orting Paci?c*** T PuTyTa||up O.38457Q4814% Roy 3”,’-5."°'T‘ J T SouthPrairie S_TtTei|aTcoom _ T T T SW09’ T °:_19331575T5_9% Tacoma 3T.2T816§T74§1T7% UTriTi\T/ersity_Place T O.O353T733T363% Wilkeson T TCT9|T"J*.YT939‘?1.2T-03T45Z3§370‘7°T San Juan Coung $90J_l@!!.§99.UtY TT V " T9.-TZ.19T1??5.1T7T1?§ Friday Harbor TC0|!'WTTT9T*T3'=To-21o14sT>s171% ***-LocalGovernment appears in multiple counties B-8 Page 82 of 150 EXHIBITB Skagit Coung §!<§.8T-i!TC9!!,f!tY 1:To52T6923sz6T1.% A0aT§9Tr£¢§ T TT9-17z49629o6% TET%TTur!in.Ts.tTonTT.TTo-1T146§.61661% .C9'T‘.C(°TteT T N it H3T"“!tT°" I-3.'TC9_"TT.T'.F,*". T T EYT'T'1a“T._ T T M°UnFYerh9n To-28o1d63§65% Sedro-Woolley 0.0661146351% T‘.?9T'!!'EVTT°.?§!?._1T_-T5TT91,9°53T544% Skarnania Coung SkamaniaCounty o,1631931925% NcrthTBT°nnTeTvi'T'¢ Stevenson C90"FYT°tT~?'-'T0-15319T31925%T Snohomish Coung SnohomisnCounty 6.9Q§441562_2% Arlington 0_.2620524080% Bothe|lT***0.2654558588% B?er_ parrington_ T Edmonds 0.3058$_360_09% Everett 1.925j8363i241%j §9T'dT.Bar K G£aTnit¢TFa'|sT T 'TnT9|exT T T T T LakeStevens 0-1T38§202891% LY"."V!9°Td T T 9-Z70“s§29?-14% M.?.fY-‘MUTE V . T ' 0-39459§7§?7.% MillCreek o.1227939546% Monroe A T Q.177TW1§2V1A8_98%j MmmTt.|9keTTerrTaT<T=Te T T 0:2198935§9§% TMUki'Tt¢.° l>V .0-255.1.7.?9?92T% $."°h9mi§h 0-°T35109795T4% §tanwood .Su|tar!TT T Woodway courgtywrotal:11.s213os33s7% ***—Local Government appears in multiple counties B-9 Page 83 of 150 EXHIBITB Sgokane Coung §B9_'$§"?.§99T'T‘?Y 'Heights T Ghenev DeerPark F_air?eld TL?Tt"T"‘T T V TLibeTr£vT!-+'=1ks= M¢di9a'Lake Milolwood R_99!<f9r<=!T $TR?ns'T¢ Spokane SpokaneValley Waverly C°T‘!F"FV_T°“T.'? T Stevens Coung StevensCounty CThev!¢'Ta.h Colville A Kettle A Falls M3T'T7‘?T“$ .N°rthp¢rt Springdale County Total; Thurston Conny Thu.rst9nCountv Bucoda TLaT°¢Y O|_v.rTnTPiaT Rainier Tenino T".'“.\’VTaTtT9'T T Yelm County Total: Wahkiakum Conny TWaThTkiTa!sTUrn§9.9nty T VA .ACathlamet Countyo'o|'otal: T ***—LocalGovernment appears in multiple counties B-10 A 5.-§§?3§59T3.9T??§ l TOT-T1i?3%84S%I349‘?/9 f O-¢;3T89636sT;T9%T 3-o872of78T287%l 0-o684217500%T TT8-3593345947‘?/<*. _ o.74o7924oo179_%o o.747924o179% 2.32§8492094% To-2348627221% 9-5.°39T4?_33T35%TT 9-?°5T59§ZT35°% 3.37125z5o5o% 9-°§955831T97.%T 0.0_596582197% Page 84 of 150 EXHIBITB Walla Walla County TWa'.|TaTWa!'aT§o9nw T0-TT-‘a5T4T3§70T2$!4%T §9!|§-'89PT|§=TcTeT T T waiuaawaiua'T o.314di6é654%t T C°lT!T'T“YT°F?T'!=0-T3.53.45T3T394T.8% Whatcom Conny TWh?t¢°TmTCOWY 1T-345Z5373°5% !3e'J‘T"T8ThTaTm T T V V’ 0-.3T9.7§§14$?7T% B'ain9T Evgrson .j j Ferndale 0,0646l101891% Lynglen > _ O\.T0[82717156:7l72% NO9'T<TSa¢l< Sumas CountyTotal:2.3904469386% Whitman CounI_y WhitmanCounty O.2626805837% Albion Colfax CT°.'t9" A Er1di<=°ttT Farmington Gar?eld T‘-*'='CT.T'T°.5$e .'T-3'T'."T9”t Malden Q§".‘.’-$daT"3 PaT'99§<°-_ T ‘T.T Pullman 0.2214i837491% Rosalia SF-9.9”" T¢T'S9.aT V Uniontown County Total:0,484164332§% ***-LocalGovernment appears in multiple counties B-11 Page 85 of 150 EXHIBITB A'tm " "bx.-5._'.>.5;-.‘és..T..‘.»V..'‘>,. Yakima Coung Y%1'$i!na_99ur1tv TT T .1-.9§88T$T939§?% G!:‘T='!'T<3VieW V’ T0:9§39§9510T9.‘79 T‘T-*T'?.‘T'T'.3T.‘T"’_". Harrah Mabton TM°><TeeT Nashes T T5€'aTh A T -7 Sunnyside 0.1b21347838_4% TTi9tT°"T T T Tqnnenish UnionGap Waipato _ Yakima T T .°:§°5°‘E.10§39% Zillah County Total: T 2.719288799_1% ***-LocalGovernment appears in multiple counties B-12 Page 86 of 150 B-1 EXHIBIT C Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Janssen Washington State-Wide Opioid Settlement Agreement dated January 22, 2024 (“Janssen Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1.The Governmental Entity is aware of and has reviewed the Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Janssen Settlement and become a Participating Subdivision as provided therein. 2.The Governmental Entity shall, within 30 days of the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 3.The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein. 4.By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5.The Governmental Entity agrees to use any monies it receives through the Janssen Settlement solely for the purposes provided therein. 6.The Governmental Entity submits to the jurisdiction of the court where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Janssen Settlement. 7.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of Section IV (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity Page 87 of 150 B-2 elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to any Released Claim. 8. In connection with the releases provided for in the Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Janssen Settlement. 9. This Settlement Participation Form shall be deemed effective as of the Effective Date of the Janssen Settlement. 10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls. Page 88 of 150 B-3 I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature: _____________________________ Name: _____________________________ Title: _____________________________ Date: _____________________________ Page 89 of 150 AGENDA REPORT FOR: City Council May 2, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 5/6/24 FROM: Angela Pashon, Assistant City Manager City Manager SUBJECT: Asian American and Pacific Islander Heritage Month Proclamation (5 minutes) I. REFERENCE(S): Proclamation City Council Proclamation Requests II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Serrano will read the proclamation proclaiming May 2024 as, "Asian American and Pacific Islander Heritage Month," in Pasco, Washington and present the proclamation to Ella, Landon, Lily, and Laila Lehrman, Noor Jahan, and Roxana Roach. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Proclamations issued by the Mayor of the City of Pasco provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco citizens and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this City. Information on how to request proclamations is available on the City's website (also attached) to provide equitable opportunity for community members and organizations to have their events and achievements recognized and celebrated. V. DISCUSSION: Page 90 of 150 In honor of AAPI Heritage Month, Mayor Serrano will read the proclamation. Page 91 of 150 Proclamation “Asian American and Pacific Islander Heritage Month” May 1 - 31, 2024 WHEREAS, Asian American and Pacific Islander (AAPI) Heritage Month is a time to recognize the contributions and achievements of Americans of Asians from across the Asian continent, Native Hawaiian, and Pacific Island descent; and WHEREAS, in the United States, Asian Pacific Heritage Week was first celebrated in 1979 and was extended into AAPI Heritage Month in 1992; and WHEREAS, the month of May was chosen as Asian Pacific American Heritage Month to commemorate the immigration of the first Japanese citizen, Nakahama Manjiro, to the United States on May 7, 1843, but also the anniversary of the May 10, 1869 completion of the first Transcontinental Railroad, built in-part with the back-breaking labor of nearly 20,000 Chinese immigrants; and WHEREAS, today, more than 20 million AAPI members live in the United States; and WHEREAS, we celebrate their achievements and contributions which enrich our history, society, and culture through languages and religions and, make our community more vibrant, prosperous, and secure; and WHEREAS, during AAPI Heritage Month we acknowledge the additional determination, hard work, and perseverance AAPI put forth to be heard and seen; and WHEREAS, the 2024 theme is “Advancing Leaders Through Innovation” and encourages local and national governments to prioritize collaboration, development, diversity, transparency, and inclusion through leadership training of AAPI people; and NOW, THEREFORE, I, Pete Serrano, Mayor of the City of Pasco, Washington, do hereby proclaim May 1 through May 31, 2024 as “Asian American and Pacific Islander Heritage Month.” IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 6th day of May 2024. Pete Serrano, Mayor City of Pasco Page 92 of 150 City Council Proclamation Request https://www.pasco-wa.gov/FormCenter/ACS-Form-3-3/City-Council-Proclamation-Request-57-57 Proclamations issued by the Mayor of the City of Pasco ideally provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco citizens and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this city. Proclamation Policy 1. We ask that requests be submitted 30 days prior to the date needed. 2. All requests should clearly include contact information and affiliation of the person submitting the request & the person(s) accepting the proclamation. 3. Requests should include draft language and background information about an exceptional event and sponsoring organization that could be used to prepare the proclamation. 4. Each renewal request will be reviewed on a case-by-case basis. 5. We are unable to accommodate proclamations for out -of-community events or for-profit causes. 6. We ask that National or International groups requesting proclamations have an in -city sponsor. Submission of a proclamation request does not guarantee issuance. Due to the volume of submissions received, we cannot grant every request. However, we want to recognize and honor your organization’s outstanding contributions, commitment, and excellence to our community. Greetings/Other Recognition Greetings from the Mayor or other forms of recognition can be issued when a proclamation request doesn’t meet guidelines. Greetings and/or other recognition shall be used to honor special events or individuals within the City of Pasco. These may include conventions, community celebrations, award ceremonies, college graduations, etc. The Mayor also strongly encourages personal achievement and wishes to showcase significant milestones in the lives of Pasco residents. We ask that any recognition be submitted 30 days prior to the due date for issue to Pasco residents. Page 93 of 150 AGENDA REPORT FOR: City Council May 2, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 5/6/24 FROM: Ken Roske, Police Chief Police Department SUBJECT: National Police Week & Peace Officers' Memorial Day Proclamation (5 minutes) I. REFERENCE(S): Proclamation Proclamation Request Information II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Serrano will read the proclamation for "National Police Week - May 12th through May 18th and National Peace Officers' Memorial Day - May 15th," and present the proclamation to City of Pasco Deputy Police Chief Cook. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Proclamations issued by the Mayor of the City of Pasco provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco citizens and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this city. Information on how to request proclamations is available on the City's website (also attached) to provide equitable opportunity for community members and organizations to have their events and achievements recognized and celebrated. In recent years, staff have initiated proclamations for nationally recognized history months when they are not requested by a community member or organization, this has resulted in unintentional delays in recognition. Page 94 of 150 V. DISCUSSION: National Police Week is recognized annually in mid-May and Peace Officers' Memorial Day on May 15th of each year. The City of Pasco's Police Department plays a significant role in safeguarding the rights and freedoms of the City's citizens. Therefore, it is essential that the dedicated staff within the Pasco Police Department be recognized during the National Police Week from May 12th through May 18th, as well as the National Peace Officers' Memorial Day scheduled on May 15th. Page 95 of 150 Proclamation “National Police Week” May 12 - 18, 2024 WHEREAS, the City of Pasco police plays an essential role in safeguarding the rights and freedoms of the residents of the City of Pasco; and WHEREAS, it is important that all residents know and understand the duties, responsibilities, hazards, and sacrifices of their police; and WHEREAS, the City of Pasco police recognizes their duty to serve the people by safeguarding life and property by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the City of Pasco police unceasingly provide a vital public service; and NOW, THEREFORE, I, Pete Serrano, Mayor of the City of Pasco, Washington, call upon all residents of the City of Pasco and upon all patriotic, civic, and educational organizations to observe the week of May 12-18, 2024 as “National Police Week” with appropriate ceremonies and observances in which all of our residents may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all residents. FURTHER, I call upon all residents of the City of Pasco to observe Wednesday, May 15, 2024 as “Peace Officers’ Memorial Day” in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 6th day of May 2024. ________________________________ Pete Serrano, Mayor City of Pasco Page 96 of 150 City Council Proclamation Request https://www.pasco-wa.gov/FormCenter/ACS-Form-3-3/City-Council-Proclamation-Request-57-57 Proclamations issued by the Mayor of the City of Pasco ideally provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco citizens and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this city. Proclamation Policy 1. We ask that requests be submitted 30 days prior to the date needed. 2. All requests should clearly include contact information and affiliation of the person submitting the request & the person(s) accepting the proclamation. 3. Requests should include draft language and background information about an exceptional event and sponsoring organization that could be used to prepare the proclamation. 4. Each renewal request will be reviewed on a case-by-case basis. 5. We are unable to accommodate proclamations for out -of-community events or for-profit causes. 6. We ask that National or International groups requesting proclamations have an in -city sponsor. Submission of a proclamation request does not guarantee issuance. Due to the volume of submissions received, we cannot grant every request. However, we want to recognize and honor your organization’s outstanding contributions, commitment, and excellence to our community. Greetings/Other Recognition Greetings from the Mayor or other forms of recognition can be issued when a proclamation request doesn’t meet guidelines. Greetings and/or other recognition shall be used to honor special events or individuals within the City of Pasco. These may include conventions, community celebrations, award ceremonies, college graduations, etc. The Mayor also strongly encourages personal achievement and wishes to showcase significant milestones in the lives of Pasco residents. We ask that any recognition be submitted 30 days prior to the due date for issue to Pasco residents. Page 97 of 150 AGENDA REPORT FOR: City Council May 2, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 5/6/24 FROM: Angela Pashon, Assistant City Manager City Manager SUBJECT: Jewish American Heritage Month Proclamation (5 minutes) I. REFERENCE(S): Proclamation City Council Proclamation Requests II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Serrano will read the proclamation proclaiming May 2024 as, "Jewish American Heritage Month," in Pasco, Washington and present the proclamation it to Steve Rozenkrans. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Proclamations issued by the Mayor of the City of Pasco provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco citizens and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this City. Information on how to request proclamations is available on the City's website (also attached) to provide equitable opportunity for community members and organizations to have their events and achievements recognized and celebrated. V. DISCUSSION: Page 98 of 150 In honor of Jewish American Heritage Month, Mayor Serrano will read the proclamation. Page 99 of 150 Proclamation “Jewish American Heritage Month” May 1 - 31, 2024 WHEREAS, the history, culture, and contributions of Jewish Americans have enriched our society with their traditions, values, and accomplishments and strengthened the fabric of our nation for centuries; and WHEREAS, Jewish Americans have played pivotal roles in shaping the ideals of justice, equality, and freedom upon which our nation was founded and continue to champion these values today; and WHEREAS, Jewish American Heritage Month provides an opportunity for all Americans to celebrate and recognize the indelible imprint that Jewish Americans have left on our society, from the arts and sciences to business, politics, and beyond; and WHEREAS, through their enduring commitment to justice, education, and community engagement, Jewish Americans have helped to advance the cause of equality and foster greater understanding among all people; and WHEREAS, the resilience, creativity, and perseverance of Jewish Americans in the face of adversity serve as an inspiration to all Americans; and NOW, THEREFORE, I, Pete Serrano, Mayor of the City of Pasco, Washington, do hereby proclaim May 1 through May 31, 2024 as “Jewish American Heritage Month” and urge all residents to join together in honoring the rich heritage and invaluable contributions of Jewish Americans and reaffirm our dedication to building a future of unity, understanding, and mutual respect for all. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 6th day of May 2024. Pete Serrano, Mayor City of Pasco Page 100 of 150 City Council Proclamation Request https://www.pasco-wa.gov/FormCenter/ACS-Form-3-3/City-Council-Proclamation-Request-57-57 Proclamations issued by the Mayor of the City of Pasco ideally provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco citizens and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this city. Proclamation Policy 1. We ask that requests be submitted 30 days prior to the date needed. 2. All requests should clearly include contact information and affiliation of the person submitting the request & the person(s) accepting the proclamation. 3. Requests should include draft language and background information about an exceptional event and sponsoring organization that could be used to prepare the proclamation. 4. Each renewal request will be reviewed on a case-by-case basis. 5. We are unable to accommodate proclamations for out -of-community events or for-profit causes. 6. We ask that National or International groups requesting proclamations have an in -city sponsor. Submission of a proclamation request does not guarantee issuance. Due to the volume of submissions received, we cannot grant every request. However, we want to recognize and honor your organization’s outstanding contributions, commitment, and excellence to our community. Greetings/Other Recognition Greetings from the Mayor or other forms of recognition can be issued when a proclamation request doesn’t meet guidelines. Greetings and/or other recognition shall be used to honor special events or individuals within the City of Pasco. These may include conventions, community celebrations, award ceremonies, college graduations, etc. The Mayor also strongly encourages personal achievement and wishes to showcase significant milestones in the lives of Pasco residents. We ask that any recognition be submitted 30 days prior to the due date for issue to Pasco residents. Page 101 of 150 AGENDA REPORT FOR: City Council May 2, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 5/6/24 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Resolution No. 4448 - Requesting an Extension of the Interlocal and Financing Until Lease Agreement for the HAPO Center Facility December 31, 2024 (5 minutes) I. REFERENCE(S): Presentation Joint Resolution HAPO White Paper II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4448, modifying the interlocal cooperation County, Franklin Pasco of and the between agreement City Washington, regarding the financing, acquisition, and ownership of a multi- purpose arena and exhibition facility (HAPO Center). III. FISCAL IMPACT: Expenses - Approximately $200,000 annually IV. HISTORY AND FACTS BRIEF: The HAPO Center, managed by Franklin County and jointly funded with the City of Pasco (City), operates under a 1994 interlocal agreement and financing lease. Since then, Pasco has invested $7.7 million, with $5.6 million covering operational subsidies over 30 years and $2.1 million for 20 years of loan payments, fully paid off in 2014. The City, lacking bonding capacity at the time, wasn't involved in debt issuance. Operational deficit subsidies have been paid annually, sometimes requiring additional funds for operational reserves during cash flow challenges. In 2014, the City and Franklin County amended the agreement to include operating reserve contributions. The current agreement expires on May 24, Page 102 of 150 2024. V. DISCUSSION: Franklin County and City staff have engaged in preliminary discussions ahead of the agreement's end to ensure a seamless transition and explore optimal community service options. City Councilmembers Leo Perales and Melissa Blasdel have met with Franklin County Commissioners to understand mutual needs. Franklin County is initiating a master planning effort to determine the facility's best uses, led by the Franklin County but in collaboration with the City. The joint resolution was prepared by Franklin County and reviewed by City of Pasco's attorney. Staff recommends approval of a resolution requesting Franklin County extend the interlocal agreement until December 31, 2024. Upon Franklin County's approval, the City Manager is authorized to execute the extension, solely extending the agreement's expiration date. Page 103 of 150 HAPO Interlocal Agreement Extension Pa g e 1 0 4 o f 1 5 0 History Agreement signed in 1994. City and County collaborated to build the facility on County land (50/50 split of cost). County runs the facility. City and County split the operational costs and maintain reserve standards. No significant facility improvements other than investment of $6M from ARPA grants received by the County. Expires May 24, 2024. Pa g e 1 0 5 o f 1 5 0 Current Status Discussions between County and City at Council/Commission level. Ongoing discussions between County and City staff. Master Planning scope being finalized by County and City. Pa g e 1 0 6 o f 1 5 0 Path Forward Request extension of agreement to December 31 st, 2024. Engage with master planning effort. Identify path forward and execute future agreements. Pa g e 1 0 7 o f 1 5 0 Policy Decision Extension of the current inter local agreement. Allow City Manager to approve the extension if Franklin County agrees. Pa g e 1 0 8 o f 1 5 0 JOINT RESOLUTION FRANKLIN COUNTY RESOLUTION NO. _______ CITY OF PASCO RESOLUTION NO. _____ BEFORE THE BOARD OF COMMISSIONERS, FRANKLIN COUNTY, WASHINGTON, AND THE COUNCIL OF CITY OF PASCO, WASHINGTON REGARDING MODIFYING THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PASCO AND FRANKLIN COUNTY, WASHINGTON, REGARDING THE FINANCING, ACQUISITION AND OWNERSHIP OF A MULTI-PURPOSE ARENA AND EXHIBITION FACILITY (HAPO CENTER), AMENDING RESOLUTIONS 94-126 AND 2014-484. WHEREAS, on May 25, 1994, pursuant to RCW 39.34, the Parties entered into the “Interlocal Cooperation Agreement Regarding Financing, Acquisition and Ownership of a Multi- Purpose Arena and Exhibition Facility with the City of Pasco”; and WHEREAS, on October 1, 1994, the City of Pasco and Franklin County (Parties) pursuant to RCW 39.34, entered into a Financing Lease for the construction and management of the HAPO Center; and WHEREAS, on December 3, 2014, the Parties modified the May 25, 1994, Interlocal Agreement under Franklin County Resolution No. 2014-484; and WHEREAS, the May 25, 1994, Interlocal Agreement expires on or about May 25, 2024; and WHEREAS, the Parties value the relationship established under the aforementioned interlocal agreement; and WHEREAS, the Parties have identified a need to extend the May 25, 1994, Interlocal agreement modified on December 3, 2014, by Amendment No. 1 to the Interlocal Agreement; and WHEREAS, the Board of Commissioners constitutes the legislative authority of Franklin County and deems this to be in the best interest of Franklin County; and WHEREAS, the Council for the City of Pasco constitutes the legislative authority for the City of Pasco and deems this to be in the best interest of the City to extend the Interlocal Agreement for the HAPO Center facility to the end of 2024. Page 109 of 150 NOW, THEREFORE, BE IT RESOLVED the Parties hereby agree to remove and replace in full paragraph 11.2 of the 1994 “Interlocal Agreement Regarding Financing Acquisition and Ownership of a Multi-Purpose Arena and Exhibition Facility with the City of Pasco,” as modified by the December 3, 2014, modification with the following language: Section 11.2 Duration and Termination of this Agreement This agreement shall automatically terminate on December 31, 2024. This Agreement may be terminated, in whole or in part, through adoption of a joint resolution to that effect by the Parties. This agreement shall be effective if signed in separate documents as if all parties signed the same document. APPROVED this __ day of _________, 2024 APPROVED this __ day of __________, 2024. CITY: CITY OF PASCO, a Municipal Corporation of the State of Washington __________________________ Pete Serrano, Mayor COUNTY: FRANKLIN COUNTY, a Political Subdivision of the State of Washington __________________________ Rocky Mullen, Chair __________________________ Clint Didier, Commissioner __________________________ Steve Bauman, Commissioner ATTEST BY: __________________________ Clerk of the Board APPROVED AS TO FORM: By: __________________________ Eric W. Ferguson, City Attorney APPROVED AS TO FORM: Shawn Sant, Prosecuting Attorney for Franklin County By: __________________________ Deputy Prosecuting Attorney Page 110 of 150 Optimizing Community Resource: HAPO Facility's Current ILA and Path Forward Overview  The HAPO Center is a facility managed by Franklin County, and jointly funded by the County and the City of Pasco. Since 1994, City of Pasco has invested a substantial amount, totaling $7.7 million, into the facility. Of the $7.7 million, $5.6 million was for operational subsidies over 30 years and $2.1 million was for loan (debt service) payments over 20 years of loan period. Debt acquired in 1994 was fully paid off in 2014. City of Pasco was not included in the issuance of debt due to City’s lack of bonding capacity that the time. City has paid an operational deficit subsidy for every year the facility has been in operations. Some years, funds have been requested of the City to build operational reserves due to cash flow issues during adverse periods. In 2014, City and County revised the interlocal agreement for operation of the facility to add operating reserve contributions to manage cash flow for the facility. The current agreement expires on May 25, 2024. On May 25, 1994, City of Pasco and Franklin County also entered into a ground lease agreement for the purpose of developing sports fields, the Pasco Sporting Complex. The ground lease was provided to the City for a nominal amount with expectation that the City will develop the then raw land into a sports field. The most recent lease was signed on November 6, 2020 with the agreement expiring on November 6, 2025. Initial Facility Investment  Franklin County issued $6.3 in debt for the facility. $2.4 million of that debt was limited tax general obligation (LTGO) that are paid directly via general funds without additional tax obligations to residents. City of Pasco and Franklin County shared in payment of the general tax obligation bond debt service. This debt accounts for the debt service contributions referred above in the Overview section. $3.9 million in unlimited tax general obligation (UTGO) bond was also approved by residents of City of Pasco and Franklin County for the construction of the facility; a UTGO bond provides additional taxes from the residents to cover proposed capital expenditures. Debt service for $3.9 million was collected via increased taxes on City and County residents. It is important to note that the current contract governing the HAPO Center does not grant the City of Pasco any decision-making authority over the facility. Instead, the power to make decisions regarding the HAPO Center lies solely with the Franklin County Commissioners. This arrangement has been in place since the inception of the facility, and the City of Pasco has operated within the parameters defined by this agreement. Page 111 of 150 As mentioned before, County and the City also signed a ground lease for the City to construct and operate sport fields. This area is currently the softball fields. This softball field was fully developed by the City and at the time of the lease was seen as a good complement to the planned TRAC facility and facilitating the economic development desired in the Road 68 area. It is difficult to pinpoint the exact dollars in investment the City has made to make this land to the current facility, however, conservative estimates are greater than $4 million. 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. County can implement its own basic and additional lodging tax totaling up to 4%. The LTAC Page 112 of 150 taxes for County would be collected from facilities residing in unincorporated areas of the County. The guiding principle for the use of lodging taxes is that they must be used for activities, operations and expenditures designed to increase tourism. Specifically, lodging taxes can be used for:  Tourism marketing;  Marketing and operations of special events and festivals designed to attract tourists;  Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district; or  Operations of tourism-related facilities owned or operated by nonprofit organizations (RCW 67.28.1816). City has requested and received lodging tax assistance to service the debt for HAPO center. Historically, City has also relied on general fund to support operational deficits of the center. Facility Improvements  The interlocal agreement outlines the process for additional facility improvement to the facility; the process set forth is for County Commissioners to propose any facility improvements to the City and the participation terms will be determined by subsequent interlocal agreement. From staff research, no significant facility improvement has been performed through this framework. Over the years, operational decisions to revise the services provided within the facility like ice rink, RV Park etc. have been made by the County. Most recently, County invested $6 million of its ARPA funds to update the facilities HVAC infrastructure. Similarly, it is considering another $5-6 million investment in additional HVAC infrastructure with .09 Fund (Rural counties with a population of less than 100 people per square mile or a county smaller than 225 square miles may impose a 0.09% sales tax credit against the state sales tax. These funds — commonly called .09 Funds — can be used to pay for public facilities including public infrastructure serving economic development purposes – MRSC). An additional $3 million has been earmarked by Washington State Senate in the 2024 supplemental capital budget, but not gone through all the steps for allocation yet. County has not requested the City to contribute to the capital improvements which would have included discussion on cost and a new interlocal agreement to share the improvement costs per the existing interlocal agreement between the agencies. City, in collaboration with Franklin County, hired ALSC to perform the facility audit for the purpose of assessing the condition of basic building systems and site improvements. The facility audit work included, but not be limited to, assessment of HVAC, electrical, security, telecommunications systems, and data management. Interim Public Works Director Maria Serra has made necessary adjustments to the estimated Page 113 of 150 project costs to meet the City’s standard. Overall, it has been determined that $4.8 million in further investments are recommended for this facility. Of the $4.8 million, $3.2 million are necessary to preserve the condition of the facility, whereas the remainder are recommended at improvements. *NOTE: Costs are adjusted from construction estimated ALSC provided to account for project soft costs. Funding Mechanism  As mentioned before, City has utilized internal and external (LTAC) funds to service the capital and operational obligations for the HAPO Center. With City of Pasco’s population representing a significant portion of Franklin County’s residents, we share a close economic and operational relationship with the County. County significantly benefits from the economic and quality of life improvements made by the City, whereas the City depends on services like the Court that the County operates. To show the close economic relationship, below are some but not all funding sources that the City residents and businesses generate for the County. The revenues are estimates and not exact figures. COMPONENT ESTIMATED COMPLETE PROJECT COST COMMENT Repair damaged items or replacement of items in poor condition/ end of useful life $1,200,000 NECESSARY Parking lot pavement repairs and overlay $ 2,000,000 NECESSARY Access Control/Video Security System $1,000,000* RECOMMENDED Voice Fire Alarm $ 600,000* RECOMMENDED (may become necessary if triggered by expansion or other improvements at the facility takes place) TOTAL $4,800,000 Page 114 of 150 Revenue Sources (Annual) City County Regular Sales Tax City receives .85% of the sales tax collected, whereas County receives .15%. $ 20,400,000 $ 3,600,000 Public Safety Sales Tax County receives 60% of this tax collected in the City whereas the City receives 40% of the revenue $ 2,600,000 $ 3,400,000 Criminal Justice Sales Tax County receives 10% of this tax collected in the City, remainder is allocated between unincorporated areas and City based on population. $ 1,950,000 $ 216,667 Mental Health and Chemical Dependency Sales Tax City does not receive any of this tax revenue. $ - $ 2,200,000 .09 Fund City does not receive any of this tax revenue. $ - $1,800,000 Total Estimated Revenue $ 24,950,000 $ 11,216,667 The list above represents significant revenue sources for the County that residents within Pasco generate, but it is not an exhaustive list. These funds are crucial for serving both the residents of the City of Pasco and the wider County community, given that all City residents are also County residents. All funding investment in HAPO for either the City or the County would be most appropriate from their General Fund, LTAC, federal or state grants, or .09 Funds. General fund receives sales and .09 Fund taxes that the economic development from HAPO facility has generated, whereas LTAC funds are also generated due to increased tourism generated by the facility. Receiving grants are ideal, but there are limited opportunities for facilities like HAPO. If the $3 million in Senate earmark passes the House, it is a significant but uncommon allocation for the facility. If a decision to increase City’s investment in the facility is made, it is high likelihood that City would be expending its General Fund reserves/revenues to make such investment. Next Steps  The interlocal agreement governing the HAPO Center is set to expire in May 2024. As this expiration date approaches, it is essential for us to consider the various scenarios that may unfold. Below, we have outlined some key scenarios for your consideration: Renewal of the Existing Agreement: One option is to seek a renewal of the current interlocal agreement between the City of Pasco and Franklin County Commissioners. This would maintain the status quo, with the City's financial contributions continuing without any additional decision-making authority. This renewal could be short term in nature to find better long-term arrangement. This option would also allow for a Master Page 115 of 150 Plan to be created to identify the best uses for the facility; an effort that will be led by the County. Renegotiation of the Agreement: Another option is to enter into negotiations with Franklin County to potentially modify the terms of the interlocal agreement. This could involve discussions regarding the City's level of financial commitment, as well as the possibility of gaining more influence over decision-making processes related to the HAPO Center. Exploration of Alternative Funding Models: The County and City could explore alternative funding models for the HAPO Center that reduce the financial burden on Pasco taxpayers. This might involve seeking partnerships with private entities, Public Facilities District, or pursuing grants and sponsorships to offset costs. Withdrawal from the Agreement: The City could consider withdrawing from the interlocal agreement altogether. This would involve discontinuing financial support for the HAPO Center and potentially exploring other uses for the funds previously allocated to it. Acquisition of the Property: The City has the option to acquire the facility from the County and undertake enhancements to maintain the current service model or adapt the facility's purpose according to the community's and Council's preferences. Acquisition of the facility would require likely nominal amount of purchasing price however at least $4.8 million in improvement costs. Historical Challenges   Below are some challenges that the facility and the partnership has faced that might need to be addressed depending 1. Decision making authority for the City of Pasco 2. Definition of HAPO facility (includes RV Park, Ice Facility?) 3. Maintenance plan for the facility Conclusion  As we approach the expiration of the interlocal agreement in 2024, it is imperative that we engage in a thoughtful and collaborative discussion with Franklin County to determine the best course of action for the City of Pasco regarding the HAPO Center. We are looking to Council for input and guidance on these scenarios as they will be invaluable as we navigate this important decision-making process. We have initiated conversations with Franklin County staff in advance of the agreement's expiration to ensure a smooth transition and to explore the possibilities outlined above. Your feedback and insights will be instrumental in shaping our approach moving forward. Page 116 of 150 AGENDA REPORT FOR: City Council May 1, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 5/6/24 FROM: Ken Roske, Police Chief Police Department SUBJECT: *Resolution No. 4449 - Mutual Aid Agreement between the Washington State (5 Police Pasco Department Corrections of Department and minutes) I. REFERENCE(S): Resolution Mutual Aid Agreement between the Washington State Department of Corrections and Pasco Police Department II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: authorizing 4449, No. Resolution I to move the approve City Manager to execute a Mutual Aid Agreement between the Washington State Department of Corrections and the City of Pasco Police Department for Mutual Aid services. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In response to the possibility of future protests and potential civil unrest related to Grand Jury decisions involving law enforcement and cultural groups, the Pasco Police Department is seeking enhanced support through an existing mutual aid framework. Although current agreements with surrounding agencies involve has Department Police Pasco delays, response significant the requested that the Department of Corrections provide an onsite Emergency Response Team, including personnel, team equipment, chemical agents, and less-lethal to crowds, manage deployed This would team munitions. be disturbances, and potential mass arrest scenarios as needed. Members primarily from the Department of Corrections will act as First Page 117 of 150 Responders under the direct supervision of Pasco Police officers. Their role will include ensuring the safety of all involved, protecting property, managing traffic to support peaceful demonstrations, and maintaining public order using specialized disturbance management and crowd control techniques. Additionally, these members may engage in secondary activities such as monitoring, conducting area searches, managing traffic control points, and transporting arrestees. It is understood that, barring exceptional circumstances, their involvement will mainly be in the capacities outlined above, following the directives of the Pasco Police Department as situations evolve. This renewed agreement ensures that both entities are better prepared to handle the complexities of modern law enforcement challenges together. The enduring partnership is a testament to their shared dedication to serving and protecting the community of Pasco, Washington. V. DISCUSSION: Staff is prepared to answer any additional questions council has concerning the updated Mutual Aid Agreement. Page 118 of 150 Resolution – WA ST DOC ILA - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A MUTUAL AID AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS AND THE CITY OF PASCO POLICE DEPARTMENT FOR MUTUAL AID SERVICES. WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this State through the execution of an interlocal cooperative or interagency agreement; and WHEREAS, in accordance with RCW 38.52.091 (Mutual Aid and Interlocal Agreements) and RCW 39.34 (Interlocal Cooperation Act), this Agreement is made and entered into by the Washington State Department of Corrections (DOC) and the City of Pasco Police Department (Pasco PD); and WHEREAS, this Mutual Aid Agreement will further the State of Washington’s intent to permit mutual aid agreements between law enforcement agencies under RCW 10.93 (the Washington Mutual Aid Peace Officers Powers Act) and RCW 38.52 (Emergency Management); and WHEREAS, the City of Pasco (City) and the Washington State DOC desire to enter into this Mutual Aid Agreement to provide personnel, equipment, and munitions in support of Law Enforcement operations in the City of Pasco; and WHEREAS, the City wishes to utilize Washington State DOC to provide the necessary resources requested in this Agreement during the Period of Assistance; and WHEREAS, the City shall do the things necessary for, and incidental to the performance of duties set forth in this Agreement; 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 the Mutual Aid Agreement to work in collaboration to support Law Enforcement Operations in the City with the Washington State DOC. 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 Mutual Aid Agreement between the Washington State Department of Corrections and the City of Pasco Police Department; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Page 119 of 150 Resolution – WA ST DOC ILA - 2 Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco; 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, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 120 of 150 DOC Agreement No. K13448 Washington State K13448 Page 1 of 7 Department of Corrections 24RAD MUTUAL AID AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS AND THE CITY OF PASCO POLICE DEPARTMENT AGREEMENT: In accordance with RCW 38.52.091 (Mutual Aid and Interlocal Agreements) and RCW 39.34 (Interlocal Cooperation Act), this agreement is made and entered into by the Washington State Department of Corrections (DOC) and the City of Pasco Police Department (PPD). This agreement is entered into at the request of the Pasco Police Department for the Department of Corrections to provide resources for Law Enforcement operations taking place in Pasco, Washington. PERIOD OF ASSISTANCE: April 1, 2024, through March 31, 2029 PURPOSE: To establish an agreement between the Department of Corrections and the Pasco Police Department for mutual aid personnel, equipment, and munitions in support of Law Enforcement operations in the City of Pasco Washington. This agreement will further the Department of Corrections’ mission statement by working in collaboration with criminal justice partners to contribute to community safety and will better enable the Pasco Police Department to maintain peace and public safety as required by law. This agreement will further the State of Washington’s intent to permit mutual aid agreements between law enforcement agencies under RCW 10.93 (The Washington Mutual Aid Peace Officers Powers Act) and RCW 38.52 (Emergency Management). AUTHORITY: The Department of Corrections is a “limited authority Washington law enforcement agency” as defined in RCW 10.93. The Pasco Police Department is a “general authority Washington law enforcement agency” as defined in RCW 10.93. Page 121 of 150 DOC Agreement No. K13448 Washington State K13448 Page 2 of 7 Department of Corrections 24RAD During the period this agreement is in place, members of the Department of Corrections will retain their status as a “limited authority Washington peace officer” and will not be a “specially commissioned Washington peace officer” as allowed in RCW 10.93. As such, the Pasco Police Department shall provide direction, control, and any necessary training to members of the Department of Corrections assigned to assist the Pasco Police Department. Members of the Department of Corrections shall be under the direction and control of a “general authority peace officer” at all times. Members of the Department of Corrections may assist, as needed, in the arresting, searching, and processing of individuals identified by members of the Pasco Police Department and only when lawfully directed by a “general authority peace officer.” It is agreed that the Pasco Police Department maintains primary responsibility for this operation and will retain liability for any law enforcement action taken by members of the Department of Corrections while participating in this mutual aid activity. It is agreed that the Pasco Police Department would provide security and protection for members of the Department of Corrections, up to and including the use of deadly force. OPERATIONS: The Pasco Police Department is anticipating protests and possible civil unrest as a result of Grand Jury Decisions involving Law Enforcement and cultural groups. The Pasco Police Department has in place Mutual Aid Agreements with surrounding law enforcement agencies, but these agreements are on an “as needed” basis with substantial delay in response times. The Pasco Police Department has requested the Department of Corrections provide an onsite Emergency Response Team, individual and team equipment, and chemical agents, and specialty impact (less-lethal) munitions. It is anticipated that the Emergency Response Team would be used, as needed, to assist with crowd control, disturbance management, and any mass arrest situation. Selected Emergency Response Team members of the Department of Corrections may take part in the following law enforcement functions, always acting under the supervision and direction of a “general authority law enforcement officer.” Primarily, members of the Department of Corrections will be utilized as First Responders to assist the Pasco Police Department to provide for the safety of all responders and citizens, protect property, maintain movement of traffic, to allow for peaceful and lawful demonstrations, and to maintain order. The primary mission will be accomplished using Department of Corrections’ Disturbance Management and Crowd Control formations, techniques, chemical agents, and specialty impact munitions under the order and direction of the Pasco Police Department as circumstances develop beyond the capabilities and/or resources of the Pasco Police Department. Page 122 of 150 DOC Agreement No. K13448 Washington State K13448 Page 3 of 7 Department of Corrections 24RAD Secondarily, members of the Department of Corrections may be used in monitoring activities, area searches, traffic control points, and arrestee transports. Outside of an exceptional circumstance, it is understood the members of the Department of Corrections will primarily participate in the functions described above. USE OF FORCE: All members of the Department of Corrections assigned to this operation will be operating under the authority and direction of the Pasco Police Department but will be guided by the Department of Corrections’ Use of Force. Prior to the actual deployment, the Department of Corrections’ Agency Representative/Leader will provide copies of the DOC Use of Force policy to the Incident Commander and provide a briefing as necessary. Members of the Department of Corrections will be limited to: Verbal/Physical Intervention, OC Intervention, and Intermediate Intervention. Members of the Department of Corrections will not be authorized to deploy Deadly Force options and will not be armed with lethal munitions. Members of the Department of Corrections may, in an extreme event, use Deadly Force for self-defense or the defense of another, or where no other reasonable options are immediately available to the officer. The application of force by members of the Department of Corrections should be avoided whenever possible. In all instances where force may be required, members of the Department of Corrections are expected to use a high degree of professionalism, sound judgment, self-restraint, and only the amount of force necessary to stop the threat or conduct the lawful arrest of a suspect, and when no other reasonable alternatives exist. It is understood that all members of the Department of Corrections’ Emergency Response Team participating in this operation are current in the DOC Use of Force qualification standards, which meet or exceed the Pasco Police Department’s standards. RESOURCES PROVIDED: The Department of Corrections agrees to provide the Pasco Police Department with the following: Initial Request (As needed) o When requested by the Pasco Police Department, an initial ten Emergency Response Team members will be deployed. o The initial ten ERT members will be deployed with one DOC Agency Representative/Leader. o It is anticipated the ERT members will be onsite approximately one hour after notification. Escalation (As needed) o If the situation escalates, an additional ten ERT members (and one additional leader) are authorized to be deployed at the request of the DOC Agency Representative/Leader. o It is anticipated that the additional ERT members will be onsite approximately two hours after notification. Page 123 of 150 DOC Agreement No. K13448 Washington State K13448 Page 4 of 7 Department of Corrections 24RAD 24 Hour Operations o At the request of the Pasco Police Department, in consultation with the DOC Agency Representative/Leader, the DOC will be able to provide 24-hour operations. o DOC will provide ten ERT members and one DOC Agency Representative/Leader per 12- hour shift. o If, during 24-hour operations, the situation escalates the need for additional ERT members, DOC will be able to provide an additional ten ERT members (and one additional leader). o It is anticipated that the additional ERT members will be onsite approximately two hours after notification. Total DOC commitment onsite o The DOC agrees to provide to no more than 30 Emergency Response Team members, one DOC Agency Representative/Leader, and one additional leader onsite at any one time during this operation. •Vehicles (per ten-member team) o Two security screened prisoner transport vans/cars o One support vehicle designated for DOC Agency Representative/Leader •Individual Equipment (assigned to Emergency Response Team members) o DOC Photo Identification o Blue BDU deployment uniform with agency identification shoulder patches o Riot Helmet o Ballistic Vest o Protective Mask o Duty Belt o Personal Protective Equipment (elbow/knee pads, shin protectors, etc.) o Wrist Restraints and key o Flex Cuffs and cutter o Expandable and Riot batons o OC canister o Individual snacks / water o 2 - 4 Riot Shields (per ten-member team) •Communications o DOC portable 800 MHz radio on Channel 13 (State Ops 1 - DOC statewide ERT frequency) for internal ERT member and leader communications o DOC mobile (VHF) radio (one per vehicle) on LERN for external DOC / Law Enforcement communications o Pasco Police Department radio (as needed) provided to DOC Agency Representative/Leader Page 124 of 150 DOC Agreement No. K13448 Washington State K13448 Page 5 of 7 Department of Corrections 24RAD •Delivery Systems (per ten-member team) o Four 37mm / 40mm launchers (single or multiple shot) o Two Mark 21 / 46 OC canisters o Shot Guns- Less than lethal munitions •Munitions (per ten-member team) o Mission specific munitions including additional re-supply immediately available •Weapons/Equipment/Munitions (provided to Pasco Police Department) The Pasco Police Department agrees to provide the Department of Corrections with the following: •At least one Pasco Police Department Officer for each ten-member team (more if the team is separated and dispersed to different locations) •At least one meal per 12-hour shift •Facilities for rest and recovery as applicable •Armed protection for team members, delivery systems, munitions, and vehicles •Available potable water •Radio or another communications device (as needed/appropriate) for DOC Agency Representative/ Leader RESPONDING MEMBER PERSONNEL: The Department of Corrections and the Pasco Police Department will, while providing assistance and resources under this agreement, be organized and shall function under the National Incident Management System (NIMS) and the Incident Command System (ICS). Responding members of the Department of Corrections shall remain under the immediate supervision of a DOC Agency Representative/Leader. The Pasco Police Department will provide direction, control, and supervision of DOC members through the DOC Agency Representative/Leader. If the Pasco Police Department fails to provide at least one meal per 12-hour shift for each member of the Department of Corrections, the DOC Agency Representative/Leader is authorized to secure the resources necessary to meet the needs of its members. Unless otherwise provided by law, the members of the Department of Corrections will retain the same privileges, immunities, rights, duties, and benefits as provided in their respective jurisdictions. It is understood the Pasco Police Department holds responsibility for wages and benefits of all responding members of the Department of Corrections participating in this operation. It is understood the Pasco Police Department holds responsibility for vehicles, equipment, and munitions actually used during this operation. Page 125 of 150 DOC Agreement No. K13448 Washington State K13448 Page 6 of 7 Department of Corrections 24RAD It is understood the members of the Department of Corrections can be recalled, at any time, as needed and as directed by Secretary Warner or his designee. COST REIMBURSEMENT: Unless otherwise mutually agreed in whole or in part, the Pasco Police Department shall reimburse the Department of Corrections for each of the following categories of costs incurred while providing resources and assistance during the specified Period of Assistance. Personnel: The Department of Corrections shall be reimbursed for actual work completed by its members during the specified Period of Assistance. The DOC Agency Representative/Leader must keep accurate records of actual work performed by members during the specified Period of Assistance. The request for reimbursement will consider all personnel costs, including stand-by, salaries or hourly wages, costs for fringe benefits, and any indirect costs such as overtime and mandatory relief. At a minimum, this is estimated at a maximum of $1,060.65 for Lieutenants or $958.24 for Correctional Officers/Sergeants for each individual per 12-hour shift (assuming 100% overtime). Vehicles: The Department of Corrections shall be reimbursed for the costs associated with using vehicles during the specified Period of Assistance. The DOC Agency Representative/Leader must keep accurate records of actual vehicle mileage for this operation. Department shall be reimbursed for mileage at the then current privately owned vehicle mileage reimbursement rate, as set forth by the Office of Financial Management (OFM) per diem rate tables: https://ofm.wa.gov/accounting/administrative-accounting-resources/travel/diem-rate-tables The privately owned vehicle mileage reimbursement rate is $0.67 per mile, as of January 1, 2024. Munitions: The Department of Corrections shall be reimbursed for the use of chemical agents and/or munitions deployed during the specified Period of Assistance. Chemical agents and munitions will be reimbursed at actual replacement costs. The Department of Corrections will not charge the Pasco Police Department for chemical agents and/or munitions that are returned to the Department of Corrections in an unused, damage-free condition. The Department of Corrections will be reimbursed at actual replacement costs for chemical agents and/or munitions that are not returned or damaged. Food: If the Pasco Police Department fails to provide at least one meal per 12-hour shift for each member of the Department of Corrections performing actually work during this Period of Assistance, the DOC will be reimbursed for the costs to provide a meal to each of its members. The DOC Agency Page 126 of 150 DOC Agreement No. K13448 Washington State K13448 Page 7 of 7 Department of Corrections 24RAD Representative/Leader must keep accurate records of any meals purchased for members during the specified Period of Assistance. Department shall be reimbursed for meals at the then current meal rates, as set forth by the Office of Financial Management (OFM) per diem rate tables: https://ofm.wa.gov/accounting/administrative-accounting-resources/travel/diem-rate-tables As of January 1, 2024, the meal rates associated with Pasco are $17 for breakfast, $19 for lunch, and $33 for dinner. Payment: The Department of Corrections must provide an itemized bill to the Pasco Police Department for expenses it incurred as a result of providing assistance under this agreement. The Department of Corrections must send the itemized bill no later than thirty (30) days following the end of the Period of Assistance. The Pasco Police Department must pay the bill in full on or before the sixtieth (60th) day following the end of the Period of Assistance. MODIFICATION: No provision of this agreement may be modified, altered, or rescinded by individual parties to the agreement without both parties agreeing, in writing, to the modifications. This contract shall not be construed against the drafter of any provision of this contract. AGREED: Now, therefore, in consideration of the Pasco Police Department’s request, the Department of Corrections agrees to provide the necessary resources requested in this Mutual Aid Agreement during this Period of Assistance. The Pasco Police Department agrees to the obligations set forth in this Mutual Aid Agreement during this Period of Assistance. PASCO POLICE DEPARTMENT DEPARTMENT OF CORRECTIONS (Signature)(Signature) Daryl Huntsinger (Printed Name)(Printed Name) Contracts Administrator (Title)(Title) (Date)(Date) We will only provide teams if available due to budget completion and staff availability. Page 127 of 150 AGENDA REPORT FOR: City Council TO: Adam Lincoln, City Manager City Council Regular Meeting: 5/6/24 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Lewis Street Overpass - Micro Enterprise Business Grant (5 minutes) I. REFERENCE(S): Application Package II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to limit the Lewis Street Overpass Micro Enterprise Business Grants to $15,000 per business and $370,000 in total for Micro Enterprise Business Grants funding. -and- MOTION: I move to open the Lewis Street Overpass Micro Enterprise Business Grants applications for two months ending on June 30, 2024. III. FISCAL IMPACT: CDBG - $370,000 IV. HISTORY AND FACTS BRIEF: The construction of the Lewis Street Overpass commenced in August 2021. As part of the project's progression, there was a strategic temporary closure of West Lewis Street, spanning from North Oregon Avenue to North 2nd Avenue, initiated on February 26, 2024. This closure, expected to last for approximately eight weeks, necessitated traffic reroutes and may have resulted in potential delays within the surrounding area. This measure was critical to advancing the construction of the Lewis Street Overpass, a key infrastructure project designed to improve connectivity and safety throughout the city. The City of Pasco is dedicated to mitigating the effects of construction activities on the Page 128 of 150 community while prioritizing the safety of all residents and commuters. The temporary closure along West Lewis Street, extending from North Oregon Avenue to North 2nd Avenue, has notably affected local businesses within this area. These businesses have formally presented their concerns and requested assistance before the City Council, highlighting the impact of the construction on their operations. The City is actively seeking solutions to support these establishments during this period. During the last two (2) months, City staff has been meeting with the business owners regularly to give them updates. Council directed staff to identify sources of funding that can be utilized to assist the businesses impacted. Community Development Block Grant (CDBG) Micro Enterprise Grant was identified as the least restrictive funding mechanism available. The Planning Commission approved the reallocation of funds from 2nd to 5th Avenue Lewis Street Corridor project to this effort at a Special Meeting held on April 30, 2024. V. DISCUSSION: an created has City guidance, staff and discussion Council Per HUD application outlining grant requirements. The major requirements for the grant are as follows: Pre-Application: A business must meet ALL of the following criteria to be eligible to apply: Must be a private, for-profit Small Microenterprise Business with 5 or fewer full- time 1. equivalent employees (FTE); 2. Businesses must have a current State of Washington Business License and a City of Pasco business operating the within location commercial a for license geographical area or have had their license since the first month of operations; and 3. Business owners must have one of the following: • US Citizen • Permanent/Temporary Resident (Alien #) • Permanent/Temporary Resident authorized to work (Alien # or Admission #) • ITIN and UEI ELIGIBILITY A business must meet ALL the following criteria to be eligible to apply: 1. Business and/or any owner may not be suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal transactions; 2. Businesses must demonstrate a negative impact due to LEWIS Page 129 of 150 STREET OVERPASS CONSTRUCTION STREET CLOSURE of at least 15%; 3. Businesses must not have received duplicate benefits (financial assistance in the form of grants, subsidized loans, insurance, or reimbursement); 4. STREET LEWIS failing not before be must Business feasible, OVERPASS CONSTRUCTION STREET CLOSURE (1 year prior); 5. Businesses may NOT be delinquent in State and/or Federal licensing and filings; and 6. National chains, defined as franchises/for-profit corporations are not eligible; except in the case where the franchisee or brand has a Pasco- based owner. CDBG funds awarded to a business must meet the following requirements:  Microenterprise Business owner is low-moderate income, less than or equal to 80% of the Area Median Income (AMI)  Business will create/retain at least one full-time or full-time equivalent (40 hours/week) low or moderate-income permanent job (LMI Job) within 12 months. Moderate income means less than or equal to 80% of the Area Median Income (AMI)  If the business is retaining LMI job(s) – the business must demonstrate clear objective evidence that permanent LMI job(s) would be lost without CDBG assistance. Terms Funds will be disbursed by reimbursement for documented eligible project expenses by Wednesday, May 8, 2024, (will be revised based on Council direction)  Loan may be forgiven over a (one) period as the business meets the required LMI job creation/retention requirement as outlined in the written agreement Eligible Uses (CDBG funds can be used for): Rent, Mortgage, Utilities, Payroll, and Other Operational Expenses. Ineligible Uses (CDBG funds cannot be used for): Loan Payments to Small Business Assoc. (SBA), Governmental Uses or Expenses, Political Activities, Personal Property, Savings and Physical Improvements. Staff is requesting review and approval of the motions to set the maximum amount of the grant to $15,000 per business and open the grant to two months. Page 130 of 150 CITY OF PASCO 2024 SMALL BUSINESS RELIEF PROGRAM GUIDELINES LEWIS STREET OVERPASS CONSTRUCTION STREET CLOSURE Summary Community Development Block Grant (CDBG) is a federally funded program through the U.S. Department of Housing and Urban Development (HUD). CDBG entitlement funds are passed through grants from Washington State. In response to the economic hardships experienced by small businesses resulting from the Lewis Street Overpass Construction Street Closure, the City of Pasco is launching the Small Business Microenterprise Grant Program in an effort to retain jobs and stabilize local businesses. The primary Community Development objectives of assistance to low- and moderate-income persons will be achieved as grants (forgivable loans), to retain jobs for City residents, or emergency assistance (payment of operating expenses) for qualified small microenterprise owners. This Program is a gap financing program in response to the LEWIS STREET OVERPASS CONSTRUCTION STREET CLOSURE for businesses that have been impacted. CDBG funds may be used to sustain economic opportunities for qualified small microenterprise owners. Businesses within the geographical area are eligible to apply. These areas generally coincide with Pasco's older business districts. CDBG Target Areas are those census tracts within the City where over 51% of the individuals have incomes of 80% of the median income or less. These are, by and large, areas where many Pasco’s lower income people work. Purpose The Pasco Small Business Microenterprise Grant Program is designed to promote economic stability by providing immediate relief to Pasco small businesses negatively impacted by LEWIS STREET OVERPASS CONSTRUCTION STREET CLOSURE. The goal of this program is to: 1) Help small businesses survive the LEWIS STREET OVERPASS CONSTRUCTION STREET CLOSURE. 2) Retain employment and continue to pay employees. 3) Maintain the provision of goods and services for Pasco residents. National Objective The CDBG National Objective for Economic Development projects is Low-Mod Jobs Creation and Retention – (LMJ), 24 CFR 570.208(a)(4) and Low-Mod Clientele – (LMC), 24 CFR 570.208(a)(2) Funding The maximum grant award may be up to $15,000, for eligible businesses upon approval. Business must meet all CDBG compliance criteria. Grants will be based on need and ranked by priority. Relief will be in the form of a one-time forgivable loan for reasonable, allowable, and necessary operating expenses. Page 131 of 150 PRE-APPLICATION A business must meet ALL of the following criteria to be eligible to apply: 1. Must be a private, for-profit Small Microenterprise Businesses with 5 or less full-time equivalent employees (FTE). 2. Business must have a current State of Washington Business License, and a City of Pasco business license for a commercial location operating within the geographical area or have had their license since the first month of operations. 3. Business owner must one of the following: • US Citizen • Permanent/Temporary Resident (Alien #) • Permanent/Temporary Resident authorized to work (Alien # or Admission #) • ITIN and UEI ELIGIBILITY A business must meet ALL the following criteria to be eligible to apply: 4. Business and/or any owner may not be suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal transactions. 5. Business must demonstrate a negative impact due to LEWIS STREET OVERPASS CONSTRUCTION STREET CLOSURE of at least 15%. 6. Business must not have received duplicate benefits (financial assistance in the form of grants, subsidized loans, insurance, or reimbursement). 7. Business must be feasible, not failing before LEWIS STREET OVERPASS CONSTRUCTION STREET CLOSURE (1 year prior). 8. Business may NOT be delinquent in State and/or Federal licensing and filings. 9. National chains, defined as franchises/for-profit corporations are not eligible; except in the case where the franchisee or brand has a Pasco-based owner. CDBG funds awarded to a business must meet the following requirements: • Microenterprise Business owner is low-moderate income, less than or equal to 80% of the Area Median Income (AMI) • Business will create/retain at least one full-time or full-time equivalent (40 hours/week) low or moderate-income permanent job (LMI Job) within 12 months. Moderate-income means less than or equal to 80% of the Area Median Income (AMI). • If business is retaining LMI job(s) – business must demonstrate clear objective evidence that permanent LMI job(s) would be lost without CDBG assistance. Terms Funds will be disbursed by reimbursement for documented eligible project expenses by Wednesday May 7, 2024. Loan may be forgiven over a (one) period as the business meets the required LMI job creation/retention requirement as outlined in the written agreement. Eligible Uses (CDBG funds can be used for): Ineligible Uses (CDBG funds cannot be used for): Rent Loan Payments to Small Business Assoc. (SBA) Mortgage Governmental Uses or Expenses Utilities Political Activities Payroll Personal Property Page 132 of 150 Other operating expenses Saving Physical Improvements Application Process Applicants must complete and submit a funding application and will be reviewed on a first-come, first- eligible served basis and ranked according to priority need. All required supporting documentation MUST be submitted with completed application in order to be considered for funding. Applicants will be notified in writing of their application’s approval or rejection and funding amount. mount of funding awarded to a business will be based on needs assessment up to $15,000. Applications will be accepted continuously until program funding is depleted; thereafter, no further applications will be considered. Review Process The following priorities will be considered when awarding funds: • The business provides jobs to low-income individuals. • The number of jobs that the business sustains during a normal business cycle (pre–LEWIS STREET OVERPASS CONSTRUCTION STREET CLOSURE). • The business demonstrates that it has lost a significant share (15% or more) of revenue due to the Lewis Street Overpass Construction Street Closure. • The business demonstrates a strong chance of remaining open post the reopening of the Lewis Street Overpass. • The business has operated consistently for one year. • All eligibility criteria have been met. • Scored and ranked according to need. Underwriting Analysis The following criteria will be evaluated: • No Duplication of Benefits • Costs are reasonable, allowable and necessary • Needs Assessment of total financing • Financially feasible Priority scoring: Business must meet at least 4 criteria to be priority, less that 4 will be wait listed and assisted if funds are still available. Date Initials Description Comment Business losses due to Lewis Street Overpass Construction Street Closure are greater than 15% Business has laid off employees/ or will imminently Business has separate location (not home based) Business in distressed area (Downtown area) Business has applied for other emergency assistance and been denied High need- Fixed expenses-3 times the potential revenue, no other income Page 133 of 150 MEETING THE HUD NATIONAL OBJECTIVE All CDBG-funded activities must meet a CDBG program national objective. The national objective for this program is Low or Moderate Income (LMI) Jobs - jobs that are held by or made available to low and moderate-income (LMI) persons. HUD defines LMI person whose earnings are less than 80% of the area median income by family household size. See Income Limit Chart at bottom of this page. The applicant must satisfy the following LMI national objectives of the CDBG program: Low or Moderate Income (LMI) Job - The business must create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held be LMI person. The following requirements must be met for jobs to be considered created or retained. 1. If a Business creates jobs, there must be documentation (Employee Certification Form) indicating that at least 51 percent of the jobs will be held by or made available to, LMI persons. 2. If a Business retains jobs, there must be sufficient information documenting that the jobs would have been lost without the CDBG assistance and that one or both of the following applies to at least 51 percent of the jobs: • The job is held by a LMI person (Employee Certification Form); or • The job can reasonably be expected to turn over within the following year and steps will be taken to ensure that the job will be filled by or made available to a LMI person. 3. Job Pirating is not permitted. Job pirating refers to the use of federal funds to lure or attract a business or its job from one labor market to another. Job pirating is prohibited under Section 588 of the Quality Housing and Work Responsibility Act of 1998. The following requirements apply for jobs to be considered available to or held by LMI persons. 1. Created or retained jobs are only considered available to LMI persons when: • Special skill that can only be acquired with substantial training or work experience or education beyond high school are not a prerequisite to fill such jobs, or the business agrees to hire unqualified persons and provide training; and • The grantee and the assisted business take action to ensure that LMI persons receive first consideration for filling such jobs. 2023 Income Limit Chart – Effective June 15, 2023 HUD 80% AMI limits, per household size, for Pasco, Kennewick, and Pasco WA 1 person < $55,170 2 person < $59,150 3 person < $66,550 4 person < $73,900 5 person < $79,850 6 person < $85,750 7 person < $91,650 8 person < $97,550 Page 134 of 150 SUPPORTING DOCUMENTATION TO ATTACH AND SUBMIT WITH COMPLETED APPLICATION 1) Copy of Business License (State of Washington and City of Pasco) 2) Proof of Insurance 3) Financial Statements (Prior Year and January 1 – present) a) Income Statement b) Quarterly Taxes- DOR submittal needs to include March 2024 submittal. We encourage early submittal so a clear impact can be shown. 4) Current signed IRS Tax Return 5) Utility Receipt Payments- Electric, Gas, Water/Sewer/Stormwater, Garbage 6) W-9 in the Business Name (To create vendor with Finance) Page 135 of 150 Applicant Financial Disclosure & Notification: DISCLOSURE, ASSURANCES AND SIGNATURES This is notice to you as required by the Right to Financial Privacy Act of 1978, that the City of Pasco (Grantee) has a right of access to financial records held by the financial institution in connection with the consideration or administration of the City’s Community Development Block Grant /Small Business Relief Fund program for which you have applied. Applicant agrees that the acceptance of this application does not commit the City to enter into an agreement, to pay any costs incurred in its preparation, to participate in subsequent negotiations, or to contract for the project. Further, the acceptance of this application does not constitute an agreement by the City that any contract will be entered into by the City. The City expressly reserves the right to reject any or all applications or to request more information from the applicant. The applicant also agrees that the City will only consider funding for an application that has been completed in full, met all eligibility requirements and has attached all supporting documentation. Applicant hereby certifies that all information contained in this document and any attachments is true and correct to the best of the applicant’s knowledge. The city, the Department of Housing and Urban Development, the Comptroller General of the United States, Washington State Auditor’s Office, or any duly authorized representatives, will have access to any books, documents, papers, and records that are directly related to the program assistance for the purposes of monitoring, making audits, examination, excerpts, and transcripts. All records supporting the costs will be maintained for a period not less than 6 years following completion of the program agreement period, agreement termination, or default, whichever shall first occur. No person who is an employee, agent, consultant, officer, appointed official, or elected official of the City of Pasco or it subrecipient who exercises or has exercised any functions or responsibilities with respect to CDBG activities, or is in a position to participate in a decision-making process, or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit, or have interest in any program assistance, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. Income eligibility and/or creating or retaining a LMI job is a condition of receiving CDBG funding and must be committed prior to award of funds. Recipient of funds will be required to report at the end of 2024 the job creation/retention has occurred. The Written Agreement will further outline CDBG requirements during the one-year period. A recipient will be required to repay CDBG funds if LMI job creation/retention is not fulfilled within the one-year period. Documenting Duplication of Benefits related loss is a condition of receiving CDBG funds. I UNDERSTAND AND BY SIGNING, AGREE: All information I have provided in this application is true and correct to the best of my knowledge. I agree to notify you promptly in writing upon any material change in the information provided herein. You are authorized to make such inquiries, as you deem necessary and appropriate to verify the accuracy of this application. Page 136 of 150 I also agree to comply with nondiscriminatory employment practices and Affirmative Action Programs under Title VI and Section 112 of the Civil Rights Act of 1964 and applicable provisions of federal statutes and regulations concerning equal employment opportunity laws and civil rights laws, and the provisions of the Americans with Disabilities Act. Grant recipients must give equal consideration to all qualified job applicants and treatment of employees without regard to race, color, religion, sex (including pregnancy, gender identity and sexual orientation) national origin, age (40 or older), disability. ______________________________________ _________________________ Applicant Date ______________________________________ _________________________ Co-Applicant Date ______________________________________ _________________________ Co-Applicant Date Page 137 of 150 Page 138 of 150 Page 139 of 150 Page 140 of 150 Page 141 of 150 Page 142 of 150 Page 143 of 150 Page 144 of 150 Page 145 of 150 Page 146 of 150 Page 147 of 150 Page 148 of 150 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. Page 149 of 150 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. Page 150 of 150