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
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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.
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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.
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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:
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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?!
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1:2&8§9544Z1%
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islandCountv
'V
0-68T204226TT1T0%
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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.
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Kirkland
T
o.54s3525246f%
LakeForestPark
T
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l\/lapTlTgTT\_/Ta|T|Tey(TJ,OT9937T61T587‘g'§
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MercerlTsland O.17517T97481%
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Newsastle
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5¢3.t“.e 5-593240381579
_5h.°_'.9'if‘_e ..
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T V7
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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
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to C
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Kittitas County
KittitasCounty
CleElum
7
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C0999Total:
Klickitat County
KlickitatCounty
W39‘?nGoidengaie
White Salmon
County Total:
Lewis Coung
Lewis County
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***-Local Government appears in multiple counties B-6
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9-{’:§11_5.29§93%
0:?21.1.5?3457%
9:%211573457%
1.o777377479%
0-e19°999°353%
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Page 80 of 150
EXHIBITB
Lincoln County
.!i_n°9|.nCPUUW_
4
0:1?1255954§%
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MasonCounty
A
0.8089$18Q1‘2%
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County Total:
T
0.6145Q4334$%
Paci?c Coung
_|_’a_ci?cCounty
_
0.4A89pA5_41646§%
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LongBeach
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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?
T!9T“TnTe
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MetalineFalls
Newport
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Pierce Coung
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T T T V
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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.%
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Sedro-Woolley 0.0661146351%
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Skarnania Coung
SkamaniaCounty o,1631931925%
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Snohomish Coung
SnohomisnCounty 6.9Q§441562_2%
Arlington 0_.2620524080%
Bothe|lT***0.2654558588%
B?er_
parrington_
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Everett 1.925j8363i241%j
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Woodway
courgtywrotal:11.s213os33s7%
***—Local Government appears in multiple counties B-9
Page 83 of 150
EXHIBITB
Sgokane Coung
§B9_'$§"?.§99T'T‘?Y
'Heights
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Thurston Conny
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Bucoda
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Tenino
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Wahkiakum Conny
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Countyo'o|'otal:
T
***—LocalGovernment appears in multiple counties B-10
A
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To-2348627221%
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9-?°5T59§ZT35°%
3.37125z5o5o%
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0.0_596582197%
Page 84 of 150
EXHIBITB
Walla Walla County
TWa'.|TaTWa!'aT§o9nw T0-TT-‘a5T4T3§70T2$!4%T
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CountyTotal:2.3904469386%
Whitman CounI_y
WhitmanCounty O.2626805837%
Albion
Colfax
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Rosalia
SF-9.9”"
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County Total:0,484164332§%
***-LocalGovernment appears in multiple counties B-11
Page 85 of 150
EXHIBITB
A'tm "
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Yakima Coung
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T T
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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
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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.
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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.
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Path Forward
Request extension of agreement to December 31
st,
2024.
Engage with master planning effort.
Identify path forward and execute future agreements.
Pa
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Policy Decision
Extension of the current inter local agreement.
Allow City Manager to approve the extension if Franklin County
agrees.
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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
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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)
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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.
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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
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QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure including, but not limited to:
• Completion of Transportation System Master Plan and design standard updates to promote greater
neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.;
connectivity, walkability, aesthetics, sustainability, and community gathering spaces.
• Completion of the Parks, Recreation and Open Space Plan and development of an implementation
strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address
the needs of the growing population.
FINANCIAL SUSTAINABILITY
Enhance the long-term viability, value, and service levels of services and programs, including, but not
limited to:
• Adopting policies and strategic investment standards to assure consistency of long-range planning to include
update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new
development, e.g.; schools, traffic, parks, and fire.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly functional multi-modal transportation system including, but not limited to:
• Application of the adopted Transportation System Master Plan including development of policies, regulations,
programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal
systems, accessibility, efficiency, and safety.
COMMUNITY SAFETY
Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment
including, but not limited to:
• Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the
current Washington State Rating Bureau Class 3 community rating.
• Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging
existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator
programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service
levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance
with legislative mandates.
ECONOMIC VITALITY
Promote and encourage economic vitality including, but not limited to:
• Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes,
phased sign code update, and development regulations and standards.
• Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use
Plan such as Downtown and Broadmoor Master Plans.
• Development of an Economic Development Plan, including revitalization efforts.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion, and image including, but not limited to:
• Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities
to further inclusivity, community engagement, and inter-agency and constituent coordination efforts.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art
and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events
within the community.
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CALIDAD DE VIDA
Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones
apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a:
• Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas
a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones
comunitarias.
• Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de
implementación para mejorar tales servicios justamente a lo largo de la comunidad.
• Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las
necesidades del aumento en la población.
SOSTENIBIILIDAD FINANCIERA
Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no
limitado a:
• Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo
plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las
medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios.
RED DE TRANSPORTACION COMUNITARIA
Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a:
• Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas,
y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales,
accesibilidad, eficiencia, y seguridad.
SEGURIDAD COMUNITARIA
Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo
incluyendo, pero no limitado a:
• Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de
mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de
Washington.
• Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al
hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud
mental, el uso de programas para navegar los recursos, y otros esfuerzos.
• Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros
de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el
control de crímenes, y el cumplimiento con los mandatos legislativos.
VITALIDAD ECONOMICA
Promover y fomentar vitalidad económica incluyendo, pero no limitado a:
• Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los
códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los
estándares.
• Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a
los Planes del Centro y de Broadmoor.
• Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no
limitado a:
• Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras
oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de
coordinación de los constituyentes.
• Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de
programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro
de la comunidad.
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