Loading...
HomeMy WebLinkAbout2024.08.26 Council Workshop Packet AGENDA City Council Workshop Meeting 7:00 PM - Monday, August 26, 2024 Pasco City Hall, Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. To listen to the meeting via phone, call (914) 614-3221 and use access code 347-125-017. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT – the public may comment on each topic scheduled for discussion, up to 2 minutes per person with a total of 8 minutes per item. If opposing sides wish to speak, then both sides receive an equal amount of time to speak or up to 4 minutes each side. 3 - 18 (a) Update on Hanford Communities (10 minutes) David Reeploeg, Hanford Communities Executive Director will provide the annual report to Council. 19 - 42 (b) Ordinance - Amending Sections of the Pasco Municipal Code Titles 13 and 3 Related to Pasco Water Reuse Facility (PWRF) (8 minutes) Presentation from Public Works Director Serra and Legal Counsel Steve DiJulio regarding the next actions related to the Pasco Water Reuse Facility (PWRF). Page 1 of 180 43 - 57 (c) Simple Amendments to Sections of the Pasco Municipal Code to Title 25 Zoning Code Related to Corner Lot Fences (5 minutes) 58 - 113 (d) Ordinance - Amending Sections of the Pasco Municipal Code to Title 17 Sign Code Related to Billboards (5 minutes) 114 - 132 (e) Resolution - Supplement No. 4 with PBS Engineering & Environmental, Inc. for Court Street and Road 68 Intersection Improvements (5 minutes) 133 - 148 (f) Resolution - Interlocal Agreement with the Washington State Department of Natural Resources for Forestland Response (5 minutes) 149 - 163 (g) Resolution - Interlocal Agreement with the U.S. Fish and Wildlife Service for Fire Protection (5 minutes) 164 - 178 (h) Resolution - Tri-Cities Youth Soccer Association Mutual Release & Settlement Agreement (5 minutes) 6. MISCELLANEOUS COUNCIL DISCUSSION 7. EXECUTIVE SESSION 8. ADJOURNMENT 9. ADDITIONAL NOTES 179 - 180 (a) Adopted Council Goals (Reference Only) (b) 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 City Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 2 of 180 AGENDA REPORT FOR: City Council August 20, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 8/26/24 FROM: Adam Lincoln, City Manager City Manager SUBJECT: Update on Hanford Communities (10 minutes) I. REFERENCE(S): Hanford Communities Annual Update Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: David Reeploeg, Hanford Communities Executive Director will provide the annual report to Council. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Hanford Communities was formed and exists to facilitate a coordinated local government Nuclear Hanford regarding in decision involvement making Reservation's environmental contamination, remediation, waste management, emergency response, and work force, as well as site transition issues on issues affecting the surrounding jurisdictions. The organization advocates for increased public awareness and involvement in Hanford's cleanup issues. Board members interact with the U.S. Department of Energy (DOE), the Washington State Department of Ecology, the U.S. Department of Environmental Protection Agency (EPA) and others to further the interests of the Tri-Cities region. Hanford Communities member agencies consist of the Cities of Kennewick, Pasco, Richland and West Richland, Benton and Franklin Counties and the Port of Benton. Councilmember Harpster serves as the Pasco City Council representative on the Hanford Communities Governing Board. Page 3 of 180 V. DISCUSSION: Executive Director of Hanford Communities, David Reeploeg, will provide the annual report to Council. Page 4 of 180 ~ Independent Communities With Common Interests ~ Hanford Communi�es 2024 Issue Agenda Sec�on 1 – Top Priori�es Cleanup Funding Significant addi�onal resources will be needed for the next several years as tank waste treatment begins at Hanford’s Low Ac�vity Waste (LAW) facility, design, engineering and construc�on moves forward for the High Level Waste (HLW) facility, and remedia�on/risk mi�ga�on work con�nues across the Site. Adequate funding must be provided for all of these efforts, not just the ones suppor�ng tank waste treatment. The Administra�on and Congress should work to propor�onately increase the total amount of funding for DOE’s Office of Environmental Management (EM) to ensure the addi�onal needs at Hanford don’t nega�vely impact progress at other cleanup sites. Long-Term Cost and Schedule Reduc�on The 2022 Hanford Lifecycle Scope, Schedule and Cost Report es�mates the total cost of cleanup to be between $300.2 and $640.6 billion, with ac�ve cleanup complete in the year 2078. These projected funding levels are likely not realis�cally achievable or sustainable. Therefore, DOE, its regulators, tribes, and other key stakeholders should ac�vely seek and achieve alignment on new technologies and approaches that have the poten�al to safely expedite cleanup while reducing overall costs. These opportuni�es include u�lizing DOE’s revised High Level Waste interpreta�on at Hanford and exploring alterna�ve methods to treat Hanford’s supplemental tank waste, beginning with Phase II of the Low- Level Waste Offsite Disposal effort (also called the Test Bed Ini�a�ve). Sitewide Risk Reduc�on Sitewide risk reduc�on is cri�cally important to ensure con�nued protec�on of human health and the environment. DOE should therefore move as quickly as possible to complete remedia�on efforts at the 324 Building, the 100 K Area, and to move the cesium and stron�um capsules at the Waste Encapsula�on and Storage Facility (WESF) into dry cask storage. Regulatory Environment Alignment between DOE, its regulators, tribes and other key stakeholders is cri�cally important in order to enable the most effec�ve and efficient cleanup of the Hanford Site. There have been significant concerns in the past that the regulatory environment created an unnecessary barrier for cleanup progress. This situa�on appears to be improving, and we encourage DOE and its regulators to con�nue striving for agreement on priori�es, cleanup technologies and approaches, and the appropriate use of regulatory discre�on. Hanford Workforce There is a recognized need for addi�onal skilled workers across the Tri-Ci�es, including at the Hanford Site. We encourage DOE and its contractors to con�nue growing and strengthening their partnerships with local educa�onal ins�tu�ons, unions, community organiza�ons, and other employers to support community-wide workforce development efforts. Page 5 of 180 ~ Independent Communities With Common Interests ~ Sec�on 2 – Local Priority Issues Cleanup to Clean Energy Ini�a�ve As DOE considers op�ons for si�ng clean energy projects on up to 19,000 acres of Hanford land, we strongly encourage considera�on of the community’s vision for an ‘Advanced Clean Energy Park’ in that area (as communicated in TRIDEC’s RFI response). Furthermore, we ask that DOE make a significant por�on of those acres available for community partners to develop accordingly. Manhatan Project Na�onal Historical Park Hanford Communi�es strongly supports efforts to grow and maximize the poten�al of the Manhatan Project Na�onal Historical Park at Hanford, including legisla�ve efforts to expand the Park boundary. We also support efforts to preserve and restore the B Reactor and the pre-Manhatan Project facili�es within the Park. During the �me that the B Reactor is closed for public tours, we encourage DOE and the Na�onal Park Service to focus their efforts on retaining public interest in the Park, including through virtual tours and tours of the pre-Manhatan Project facili�es. Payment in Lieu of Taxes (PILT) In 1996, DOE entered into agreements with Benton, Franklin, and Grant coun�es to provide PILT payments based on historical use of the site before the lands were expropriated by the Manhatan Project. PILT funds are distributed by the coun�es to local en��es including school districts, library districts, and hospital districts, among others, to support the provision of basic public services. A new formula for calcula�ng Hanford PILT billings has been implemented. DOE should request adequate resources to fully fund the PILT program in their federal budget request. Economic Development and Diversifica�on Hanford Communi�es supports transferring surplus Hanford assets, including land and facili�es back to the community via CFR770 and the local Community Reuse Organiza�on (CRO) to foster crea�on of private- sector jobs and diversifica�on of the regional economy. Addi�onally, we encourage TRIDEC and DOE to put in place a new agreement and procedure to replace the incen�ve funds that TRIDEC previously generated through the TARC program. These incen�ve funds are cri�cally important to the con�nued economic growth of our community. Hanford Advisory Board (HAB) Hanford Communi�es encourages the Tri-Party Agencies to ensure that the HAB serves as an important voice for Tri-City community members, Tribal representa�ves and other key stakeholders to meaningfully make their voices heard regarding Hanford cleanup, and to feel like their �me is being well spent. We also encourage DOE to streamline the nomina�on process for the HAB to ensure appointments are made in a �mely manner, and explore expanding membership terms from two years to three. Page 6 of 180 City of PascoANNUAL UPDATE August 26, 2024 David Reeploeg Executive Director Pa g e 7 o f 1 8 0 About Hanford Communities •Formed in 1994 •Objectives: ‐Coordinate local government involvement on Hanford issues ‐Increase public awareness and involvement in Hanford cleanup issues ‐Advocate for community priorities regarding Hanford ‐Provide technical and analytical resources to review, evaluate and monitor conditions and policies at Hanford Pa g e 8 o f 1 8 0 Governing Board •Chair: Councilmember Chuck Torelli | City of Kennewick •Commissioner Jerome Delvin| Benton County •Commissioner Clint Didier | Franklin County •Councilmember Peter Harpster | City of Pasco •Councilmember Shayne VanDyke | City of Richland •Councilmember May Hays | City of West Richland •Commissioner Roy Keck| Port of Benton Pa g e 9 o f 1 8 0 Administrative Board •Chair: Mayor Brent Gerry | City of West Richland •Adam Fyall | Benton County •TBD | Franklin County •Erin Erdman| City of Kennewick •Adam Lincoln | City of Pasco •Jon Amundson | City of Richland •Diahann Howard | Port of Benton Pa g e 1 0 o f 1 8 0 2023 Review Cleanup •DFLAW Melter 1 Poured First Batch of “Test” Glass •TSCR Operation – Over 697,000 Gallons Pretreated •Over 2 billion Gallons of Groundwater Treated (9th Consecutive Year) •324 Building (300-296 Waste Site) •Plume larger than expected •DOE / Regulators discussing next steps •Risk Mitigation: •WESF – Facility Modifications and Equipment Prep •100-K Area  Prep for K Basin Cleanup Pa g e 1 1 o f 1 8 0 2023 Review Policy •PILT •Holistic Negotiations - Conceptual Agreement •Hanford “Cleanup to Clean Energy” Announcement Community Engagement •Added Staff (Bethany Close) •3 Local Government Tours of Hanford Cleanup & MAPR •Quarterly Newsletters and Blog Posts •Regular Social Media Posts Manhattan Project National Historical Park (MAPR) •Over 13,000 Visitors, 53 Countries •Virtual Tour Created in Anticipation of Maintenance Closure Pa g e 1 2 o f 1 8 0 2024 Overview Cleanup •TSCR Operations – 1M Gallon Goal •DFLAW 2nd Melter Heatup, Facility Startup •2,000 Gallon Demonstration Test Bed Initiative •Continued Sitewide Risk Mitigation •Integrated Tank Disposition Contract – Transition to H2C? Policy •DOE/Ecology/EPA Holistic Negotiations ‘Conceptual Agreement’ •Hanford Future Land Use (Cleanup to Clean Energy) •2022 Cost & Schedule Report •Active cleanup complete: 2078 •Estimated cost: $300B - $640B Community Engagement •“Understanding Hanford” Social Media Campaign & Video Series •Information Campaign 2,000 Gallon Demonstration (TBI Phase II) •Website Improvements Pa g e 1 3 o f 1 8 0 2024 Overview Test Bed Initiative Phase II Objective: Demonstrate a new method for handling low-activity tank waste at the Hanford Site building upon successful 2017 three -gallon proof-of-concept demonstration. Process: •Use an in-tank pretreatment system (ITPS) to separate and treat 2,000 gallons of waste. •Store treated waste in shipping containers. •Sample for compliance. •Transport for grouting and disposal at out-of-state facilities (Utah and Texas). Permit Details: •Research, Development, and Demonstration (RD&D) permit. •Valid for one year. •Limited to 2,000 gallons. Pa g e 1 4 o f 1 8 0 2024 Updates Candice Robertson, DOE-EM Senior Advisor (EM-1) •Nearly 20 years of leadership experience in DOE-EM, including roles as Associate Principal Deputy Assistant Secretary and Chief Communications Officer. •Served as Senior Advisor to DOE Secretary Jennifer M. Granholm, Deputy Chief of Staff to three DOE Deputy Secretaries, and former Nye County (NV) Commissioner. Pa g e 1 5 o f 1 8 0 2024 Updates Holistic Settlement Agreement •Agreement by USDOE, Washington State Department of Ecology, and EPA •Focus on Hanford tanks and tank waste •Voluntary Holistic Negotiations since 2020 led to new and revised cleanup deadlines. •Public Comment Period May 30 – Sept. 1 Public Meetings: •Richland, WA / Microsoft Teams | July 9 •Olympia, WA / Microsoft Teams | July 10 •Hood River, OR / Microsoft Teams | July 11 •Key proposed modifications: •Maintain timelines for low-activity and high-level waste treatment via vitrification •Use direct-feed approach for high-level vitrification •Build vault storage and a second effluent management facility for high-level waste treatment •Utilize grout treatment and permanent out of state disposal of low-activity waste from 22 tanks •Reduce the number of single-shell tanks to be retrieved by 2040 from 149 to 49 •Forbearance of pursuing high-level waste interpretation at Hanford •Construct 1-million gallons of additional tank waste storage capacity •Develop new technologies for waste retrieval. Pa g e 1 6 o f 1 8 0 Priorities •Cleanup Funding •Long-Term Cost & Schedule Reduction•Sitewide Risk Reduction •Regulatory Environment•Hanford Workforce •Cleanup to Clean Energy Initiative•Manhattan Project National Historical Park (MAPR)•Payment in Lieu of Taxes (PILT)•Economic Development & Diversification •Hanford Advisory Board (HAB) Pa g e 1 7 o f 1 8 0 David Reeploeg dreeploeg@hanfordcommunities.org www.HanfordCommunities.org / @HanfordCommunities THANK YOU! Pa g e 1 8 o f 1 8 0 AGENDA REPORT FOR: City Council August 21, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 8/26/24 FROM: Maria Serra, Director Public Works SUBJECT: Ordinance - Amending Sections of the Pasco Municipal Code Titles 13 and 3 Related to Pasco Water Reuse Facility (PWRF) (8 minutes) I. REFERENCE(S): Draft Ordinance List of Previous Council meeting items related to Processor WTAs, WTA with Burnham and PWRF Pretreatment updates (non-project specific) Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation from Public Works Director Serra and Legal Counsel Steve DiJulio regarding the next actions related to the Pasco Water Reuse Facility (PWRF). III. FISCAL IMPACT: The ordinance establishes minimum rates for PWRF users who elect to not enter into a long-term Water Treatment Agreement. Rates, as established, provide for adequate revenue to ensure long-term financial sustainability of the utility. IV. HISTORY AND FACTS BRIEF: The City owns and operates an industrial wastewater treatment system to treat industrial wastewater from agricultural food Processors, the Process Water Reuse Facility (PWRF). Pasco Municipal Code (PMC) Section 13.55.010 governs the PWRF discharges characteristics and rate/billing model to Processors (“Industrial users” of the PWRF system). The PWRF required expansion in storage and treatment capacity, and the application of new technology, to allow existing Processors to expand their Page 19 of 180 operations and provide capacity to new Processors to the facility. Upgrades to the PWRF pretreatment system, which are underway, will significantly improve treatment capacity for the benefit of all existing and future agricultural (and dairy) Processors, customers, and the local community. The PWRF improvements also have a positive impact on the Municipal Wastewater Treatment of load significant a of for the allowing by plant redirection agricultural and dairy industrial wastewater away from the WWTP. This frees up much needed capacity at WWTP allowing for increased residential and commercial developments that can be served. Ecology approved Pasco’s PWRF Facility Plan which identified a series of improvements to expand the PWRF to meet current and future needs. The scope of the PWRF recommended improvements included the following:  Extension of potable water and electrical services to the site (Phase 1) - completed -  Additional winter storage ponds (Phase 2) - underway. Expected to be operational in 2025 -  Industrial wastewater pretreatment improvements (Phase 3)- underway. Expected to be operational by 2025 - The PWRF stakeholders agreed to move forward with design and construction following this phased approach. On January 10, 2022, staff provided Council a presentation on proposed updates to the Process Water Reuse Facility (PWRF) with the potential to include a Renewable Natural Gas (RNG) option that will help reduce costs to the PWRF Processors. Council indicated support to move forward with the proposed concept. Through processes outlined in Chapter 70A.140 RCW, Water Quality Joint Development Act, Burnham SEV, a renewable natural gas (RNG) Project Developer, was selected to privately finance, design, construct, and operate an upgraded industrial wastewater treatment plant that includes a renewable natural gas plant at the PWRF. The WTA outlines the terms and conditions for payment of industrial wastewater treatment services. The PWRF Phase 3 facilities that will treat the Processor’s industrial wastewater include a low-rate anaerobic digester (LRAD), a biological nitrogen removal system (sequential batch reactor (SBR) or rotating algal biofilm (RAB)), and a renewable natural gas (RNG) system. The RNG produced from the Processor’s wastewater will be sold by Burnham SEV on the volunteer RNG market and revenue from the sale of RNG will be used to pay a portion of the capital cost of the Phase 3 project, subsequently reducing fees paid by the Processors. Page 20 of 180 In turn, a Water Treatment Agreement was developed for execution between the City and each processor, identifying the proportionate fee for each Processor to be paid for the services provided at PWRF. The fee is based on several factors including total annual and peak flows from each Processor to the (BOD), Demand Oxygen Biochemical PWRF, concentrations and of Nitrogen, Total Suspended Solids (TSS), and other factors. The City utilized the services of the FCS Group to develop a rate model to assist in determining the proportionate fee to each Processor. The rate model has been reviewed several times with the Processor group evaluating different alternatives. Final drafts of individual WTAs were provided to processor for final review prior to execution. Execution of Agreement is planned before December 31, 2024. In summary, the City has entered a 30-year commitment with Burnham for the treatment facility construction, financing and operations. Additionally, the City is advancing major improvements. other capital construction the of with Processor Agreements are not executed at this time. City good encourage to processors with meeting monthly a holds staff communication and coordination. Monthly and quarterly meetings have been scheduled since 2021. These regularly scheduled meetings cover operations, capital project updates, engineering plan updates, environmental compliance discussion, billing questions, WTA and other agreements, also covered the change in code. When necessary, consultants joined the meeting to present on specific items, such is the case for FCS, financial consultant who developed the provided and meetings several in rate has FCS model. participated recorded walkthrough the rate model for the Processor's benefit. Finally, staff has provided multiple council presentations on the PWRF, WTA and Agreement with Burnham since the beginning of the Facility upgrade process, in 2018. These are listed in the attached document. V. DISCUSSION: The proposed ordinance updates the Municipal code section on water and sewer utility services, focusing on the Process Water Reuse Facility (PWRF), which treats wastewater from food and agricultural processors. The Pasco Municipal Code (Ch. 13.55 Process Water Reuse Facility Usage Limitations, Rates and Charges | Pasco Municipal Code) was written for the operation that existed prior to the current improvements to the facility, and therefore is lacking definitions and explanations on some of the complexities the new system has. The ordinance reaffirms the requirement for properties to connect to the City's utility systems and outlines changes to rates and charges related to the PWRF. This update is essential to support the facility’s necessary repairs, upgrades, and expansion, ensuring it can accommodate current and future wastewater demands from industrial users. Page 21 of 180 The ordinance details the City’s collaboration with Burnham SEV Pasco, LLC. Burnham SEV will manage the development of the new PWRF Project, incorporating advanced wastewater treatment technologies. This partnership is supported by an agreement approved by the City Council. The ordinance also addresses the financial aspects of the PWRF, including a cost-of-service analysis conducted with the help of the financial consultant FCS, Inc. The analysis determined a new rate structure that includes a risk premium and a shortened cost recovery timeframe. This structure aims to ensure the City can meet its long-term financial obligations related to the PWRF, particularly in cases where processors choose not to enter long-term contracts with the City. Finally, the ordinance provides the City Manager with the authority to adjust rates for the PWRF annually based on the cost-of-service analysis. It also introduces new sections to the Pasco Municipal Code, clarifying requirements for industrial users and establishing minimum fees for those using the PWRF without a contract. These measures are designed to maintain the financial stability of the City’s utility services and ensure continued and improved wastewater treatment for the community. Proposed changes are to be effective on January 1, 2025. Staff recommends approval of the ordinance as presented. Page 22 of 180 Ordinance Amending PMC 1 FG: 102860186.2 CITY OF PASCO, WASHINGTON [DRAFT OF AUGUST 16, 2024] ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, RELATING TO THE CITY’S WATER/SEWER UTILITY; CONFIRMING REQUIREMENTS FOR PROPERTY CONNECTION TO THE CITY’S UTILITY; REVISING RATES AND CHARGES FOR THE CITY WATER REUSE FACILITY; AMENDING THE PASCO MUNICIPAL CODE; AND PROVIDING FOR RELATED MATTERS. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY ORDAIN as follows: Section 1. RECITALS AND FINDINGS. The City Council of the City of Pasco, Washington (“City”) takes note of the following facts and makes the following findings and determinations. 1.1 The City established and maintains a combined Water/Sewer Utility (“Utility”) under RCW 35.67.010(5) and Pasco Municipal Code (“PMC”) 13.10.010. The Utility contains the City’s water system, irrigation system, sewer (wastewater) system, storm water system, and process water reuse system (for wastewater from food and agricultural processors). The Utility maintains separate books and records for each system itemizing system costs, revenues, assets, liabilities, deferred inflows, deferred outflows, and fund balances. All revenues of the Utility are managed through the City’s Water/Sewer Utility Fund. PMC 3.240.010. 1.2 The City’s process water reuse system operates a Process Water Reuse Facility (“PWRF”) to treat industrial wastewater influent from food and agricultural processors (“Processors”) in the City. The current PWRF system reached its design life and capacity, such that repair, replacement, upgrades, and expansion are necessary to accommodate current and expanding Processor wastewater. The City planned for and received approval from the Department of Ecology (“Ecology”) for the facility plan to upgrade and expand the PWRF (“Project”). 1.3 The City acted under Chapter 70A.140 RCW, the Water Quality Joint Development Act, to solicit proposals from private vendors for the PWRF, a water pollution control facility. Burnham SEV Pasco, LLC (“Burnham SEV”), a developer of renewable natural gas (RNG) projects was selected as the City’s service provider through processes outlined in Chapter 70A.140 RCW. Pursuant to an agreement with the City, Burnham SEV is privately developing the new PWRF Project, using a low-rate anaerobic digester and nitrogen removal system along with a renewable natural gas plant at the City’s PWRF property. 1.4 City and Burnham SEV entered an agreement (November 24, 2021) to allocate responsibility for the cost of initial engineering for the System. Pursuant to RCW 70A.140.040(9), and prior to execution of the Wastewater Treatment Agreement (“Agreement”) with Burnham SEV, the City submitted a draft of the Agreement as the form of a “proposed service agreement” to Ecology to review for consistency with Chapters 90.46 and 90.48 RCW as a condition precedent Page 23 of 180 Ordinance Amending PMC 2 FG: 102860186.2 to the City’s authority to execute the Agreement.; Ecology determined the Agreement form to be consistent with the referenced statutes. 1.5 A public hearing concerning the proposed Agreement was conducted by the City Council on February 6, 2023. On April 11, 2023, the City Council met and adopted Resolution No. 4335 approving the Agreement. In so doing the City Council entered the following findings: A. The City of Pasco has determined that it is in the public interest to enter into the Agreement; B. The Agreement includes provisions requiring project performance bonds or other security by Burnham SEV which in the judgment of the City Council are sufficient to secure adequate performance by Burnham SEV; C. The Agreement includes an option by which the City may acquire at fair market value the facilities to be designed, constructed and operated by Burnham SEV and dedicated to providing water pollution control services to the City; D. The Agreement is financially sound and advantageous compared to other methods of designing, construction, operating and maintaining water pollution control facilities to treat wastewater influent from the Processors. Following adoption of Resolution No. 4335, Burnham and the City executed the Agreement. 1.6 To provide for economies of scale and for uniform application of its Utility systems, use of the Utility is mandatory except in limited circumstances. See, PMC 13.70.090; and, PMC 13.55.010 applicable to Processors (“Industrial users” of the PWRF system). The City has provided for regular review of its rates and charges to meet anticipated expenditures of the Utility, including but not limited to debt service, operating, replacement, upgrading, and expansion requirements, and that the Utility has the adequate functional capability of providing a desirable level of service to the community and the service area. This Ordinance provides measures to support the PWRF and Project, and to provide for continuing and improved service to Processors and the community through better management of wastewater treatment and disposal. 1.7 Some Processors may contract with the Utility. Establishment of contractual agreements for service are based in part on the Agreement, a material element in cost to provide PWRF wastewater treatment services and provide greater security to the City for its long-term financial commitment to the PWRF system. See, e.g., PMC 13.50.060. Other Processors may choose not to enter contracts. Such non-contract Processors remain obligated to use the City PWRF system. The lack of longer-term commitment to the PWRF system requires adjustment in capital and other charges to the non-contract Processors, to account for the uncertainty of future service and resulting impacts on the PWRF system. 1.8 The PWRF capital infrastructure investments, accompanied with a renewable natural gas system, required long term debt issuances to fund improvements as well as long term contractual service agreement to fund improvements. Consequently, the City with its consultant FCS, Inc, Page 24 of 180 Ordinance Amending PMC 3 FG: 102860186.2 prepared a cost-of-service analysis (“Rate Study”), including a unit cost structure for use when providing services to any uncontracted customers of the PWRF. The rates include a risk premium to account for the long-term debt and contractual obligations. A shortened cost recovery timeframe (ten years) was used to develop unit charges for the costs associated with capital improvements and other PWRF obligations. This rate structure exists to minimize the potential for stranded costs to the City related to these long-term debt commitments and obligations, all consistent with RCW 35.67.020(2). 1.9 The Rate Study included PWRF system costs based on cost factors to serve Processors. Processor specific wastewater constituents and flow factors provide foundation for uniquely calculated annual rates. Consistency between the Agreement, agreements with Processors and the Rate Study serve to assign PWRF costs among Processors that contribute wastewater to the PWRF. 1.10 This Ordinance delegates to the City Manager the authority to adjust PWRF rates consistent with this Ordinance and the methodology set out in the Rate Study. Section 2. CHAPTER 13.55 PMC AMENDED. 2.1 PMC Section 13.55.010 is amended to read as follows: Industrial users shall connecting to the City’s Process Water Reuse Facility. For purpose of this Section, “industrial users” are those food and agricultural processors producing effluent that is better treated by the City’s process water reuse facilities and not by the sewer (wastewater) system. The City shall determine the system of the Utility to which an industrial user is required to connect. Industrial users shall also be required to connect to the City’s municipal water system. shall further be Industrial users are required to secure all necessary permits prior to connection to the process water reuse facilities. In addition, industrial users shall install at their sole expense, City-approved monitoring stations, including meters and automatic samplers on their wastewater discharge lines for purposes of monitoring the volume, strength, and characteristics of their plant discharges into the City’s system. The meters shall be connected to the City instrumentation and control system. Industrial users may be required to provide screening, pH control, and/or pretreatment of user’s waste. The monitoring stations and acquired data shall be open to City employees at all times for their inspection and the data obtained from the monitoring stations shall be used by the City to determine the actual variable operating costs as set forth in contract or PMC 13.55.020 (2) or as otherwise provided in this Code, based upon the actual volume, strength and characteristics of the user’s discharges, as well as anticipated expenditures of the Utility, including but not limited to debt service, operating, replacement, upgrading, and expansion requirements. 2.2 A new section, PMC 13.55.015, entitled Definitions, is added to the Pasco Municipal Code, as follows: PMC 13.55.015 DEFINITIONS 1. “Agreement means the Wastewater Treatment Agreement between the City and Burnham SEV Pasco (2023), as may be subsequently amended. Page 25 of 180 Ordinance Amending PMC 4 FG: 102860186.2 2. “MG” means millions of gallons. 3. “MGD” means millions of gallons per day. 4. “Rate Study” means that study prepared by the City and FCS, Inc. (2024), including narrative recordings of background meetings with processors, all on file with the City Clerk. 5. “PPD” means pounds per day. 6. “PWRF” means the Process Water Reuse Facility, including facilities under the Agreement. 2.3 Effective January 1, 2025, PMC 13.55.020 is repealed and a new section, PMC 13.55.025, entitled Pricing Schedule – Systems and City Facilities Costs, is added to the Pasco Municipal Code, as follows: 13.55.025 Pricing Schedule – Systems and City Facilities Costs. The City Manager or designee, upon consultation with the Utility, shall calculate and adjust rates and charges for non-contract Processors users of the PWRF on an annual basis at the beginning of each year. Rates and charges shall be based on costs allocated among PWRF users based on factors assigned in the Rate Study. These factors include, but are not limited to: 1. Fees associated with the Agreement, a. System Base Fee, as adjusted annually in conjunction with the Agreement. b. System Pass-Through Costs, with 10% markup under the Agreement: i. Solid waste disposal (including anaerobic sludge: periodic digester scrapes and clean-outs and any algae or biomass removed from the Gross Wen Process) ii. Consumables (including replacement parts & associated rental equipment) iii. Major maintenance expenses c. System Pass-Through Costs, no markup: i. Electricity ii. Potable water iii. Purchased natural gas for system heating use iv. All City, state, and local taxes with the exception of income taxes (e.g., sales tax, B&O tax, property tax, as applicable v. Rental payments made to the City under the site lease vi. Any costs and fees associated with securing and maintaining an Agreement performance bond. 2. Cost for City Facilities, d. Rate calculation includes: i. Evaluation of annual anticipated operating and maintenance expenditures, ii. Support for debt service including legally required reserves and set aside for debt service coverage, iii. Capital charges unsupported by debt financing. 1. Budgeted and Council-approved capital improvements, including new asset purchase or construction, replacement, upgrading and expansion requirements. Page 26 of 180 Ordinance Amending PMC 5 FG: 102860186.2 2. Cash flow required support of capital improvements awaiting reimbursement from loan, bond or grant funding, if temporarily necessary iv. Special projects 3. Annual adjustment. Based on the Rate Study methodology and actual allocation elements from each Processor, the City Manager or designee shall make annual adjustments following the close of the prior year. This annual adjustment accounts Processor wastewater permitted contribution, flow and constituents, to the PWRF. Where appropriate, necessary reserve balances will be amended or established as part of the rate adjustment. 4. Overage Charges/Effluent Characteristics. The PWRF has a fluctuating and finite capacity to accept process wastewater. Therefore, the base monthly charge has been calculated to include a capacity and limitation allowance for effluent volumes, strengths and characteristics (collectively, “characteristics”). The characteristics for each processor are set forth in the City of Pasco issued Wastewater Discharge permits of each processor. Each processor shall be monitored for compliance to the approved characteristics. Based on the usage limitations in each processor’s permit, consecutive 15-day allowances for the permit characteristics will be monitored for and enforced against each processor. See Chapter 13.90 PMC. 2.4 A new section 13.55.050, entitled Process Water Reuse Fees Controlling, is added to the Pasco Municipal Code as follows: PMC 13.55.050 Process Water Reuse Fees Controlling This Chapter 13.55 PMC shall apply to customers of the Utility’s Process Water Reuse Facilities, notwithstanding provision of the Code that may conflict with this Chapter 13.55 PMC. In the event of a conflict between a City contract with food or agricultural processor for wastewater treatment, including for the water reuse facilities, this Chapter or another part of the Pasco Municipal Code shall be subordinate to such a contract. 2.5 A new section 13.55.060, entitled Process Water Reuse Facility Minimum Fees, is added to the Pasco Municipal Code as follows: 13.55.060 Process Water Reuse Facility Minimum Fees 1. All users of the Process Water Reuse Facilities not otherwise under contract with the City shall pay rates charged under PMC 13.55.025, and beginning January 1, 2025, shall pay minimum rates charged under PMC 13.55.060(2). 2. PWRF Minimum Rates. Except for the fixed charge, the below rates are calculated on a calendar year basis, and charged monthly (one-twelfth) based on permitted characteristics applicable to each processor: Description Unit Cost Fixed Charge (monthly cost per user) $ 8,488 Storage, per MG 1,520 Page 27 of 180 Ordinance Amending PMC 6 FG: 102860186.2 Flow, per MGD 1,603 Nitrogen, per ppd 291 TSS, per ppd 1.11 Max Monthly Flow, per MGD 75,974 BOD, per ppd 5.39 3. Annual Adjustments. These minimum rates shall be subject to annual adjustments under PMC 13.55.025(3). Section 3. CHAPTER 3.35 PMC AMENDED. PMC 3.35.210 is hereby repealed. Section 4. CHAPTER 13.75 PMC AMENDED. PMC 13.75.060(1) is amended to read as follows: Rate. Septic tank waste discharged into the wastewater treatment plant will be charged on the basis of a full truck tank load at $0.24 per gallon rate as set forth in Chapter 3.35 PMC times the capacity of the truck’s tank in gallons; provided, however, any firm discharging septic tank pumpings at the wastewater treatment plant during the months of September through February shall be charged on the basis of a full truck tank load at $1.44 per gallon rate as set forth in Chapter 3.35 PMC times the capacity of the truck’s tank in gallons when the gallons discharged exceed the average volume discharged by the firm at the wastewater treatment plant during the months of March through August. Section 5. CHAPTER 13.90 PMC AMENDED PMC 13.90.100, PWRF POTW local limits, is amended to read as follows: Conventional Surcharge. 6.0 minimum pH in standard units 12.0 maximum pH in standard units Standards and rates applicable to processors discharging to the PWRF are governed by Chapter 13.55 PMC. In the event of a conflict between Chapter 13.90 PMC and Chapter 13.55 PMC, Chapter 13.55 PMC controls. Section 6. SEVERABILITY. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. Section 7. CORRECTIONS. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Page 28 of 180 Ordinance Amending PMC 7 FG: 102860186.2 Section 8. EFFECTIVE DATE. This ordinance shall take effect and be in force five (5) days from and after its publication as required by law. PASSED by the City Council and APPROVED by the Mayor of the City of Pasco, Washington, at a regular open public meeting thereof, this __ day of ____ 2024. ________________________________ Pete Serrano, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ Debra Barham, CMC, City Clerk ____________________________________ Kerr Ferguson Law, PLLC City Attorney Page 29 of 180 Previous Council Items related to Wastewater agreement (WTA) with Processors o Presentation - Processors Wastewater Treatment Agreement Council WS 2.13.2023 o Resolution No. 4311 Process Water Reuse Facility (PWRF) Draft Processor Wastewater Treatment Agreement (WTA) Council Mtg 2.21.2023 o Resolution No. 4311, Process Water Reuse Facility (PWRF) Draft Processor Wastewater Treatment Agreement (WTA) Council Spec. Mtg 2.27.2023 o Resolution No. 4334 - Process Water Reuse Facility (PWRF) Processor Wastewater Treatment Agreement (WTA) Council Mtg. 4.3.2023 Previous Council Items related to Wastewater agreement (WTA) with Burnham SEV, LLC o Resolution- Process Water Reuse Facility (PWRF) + Renewable Natural Gas (RNG) Request for Proposal (RFP) – Ratification of Selected Respondent Council. Mtg. 5.16.2022 o Resolution - Process Water Reuse Facility (PWRF) Work Acceleration Agreement with Burnham SEV Council WS 8.22.2022 o Resolution No. 4233 - Process Water Reuse Facility (PWRF) Work Acceleration Agreement with Burnham SEV Council Mtg. 9.6.22 o Discussion - Process Water Reuse Facility – Draft Wastewater Treatment Agreement with Burnham SEV Council WS 9.26.2022 o Review Proposed Process Water Reuse Facility Wastewater Treatment Agreement with Burnham SEV Pasco, LLC Council WS 1.23.2023 o Public Hearing for Burnham Wastewater Treatment Agreement – Process Water Reuse Facility (PWRF) Pretreatment Improvement Phase 3 Project Council Mtg 2.6.2023 o Resolution No. 4335 - Burnham Wastewater Treatment Agreement – Process Water Reuse Facility (PWRF) Pretreatment Improvement Phase 3 Project Council Mtg. 4.3.2023 Previous Council Items related to Pasco Water Reuse Facility updates since 2019 (non-project specific) o Pasco process Water Reuse Facility (PWRF) Update Council WS 5.13.2019 o PWRF Pretreatment Update Council WS 08.24.2020 o PWRF Pretreatment Improvements – Update Council WS 1.10.2022 Page 30 of 180 Council Workshop August 26, 2024 Pa g e 3 1 o f 1 8 0 City Utility systems: • Water • Irrigation • Wastewater/Municipal Sewer • Stormwater •Process Water Reuse Each allocates costs and expenses to system users. PMC Title 13 WATER AND SEWERS Pa g e 3 2 o f 1 8 0 • Facility reached its capacity preventing any expansion of existing processors or the addition of new processor. • Since 2017 City and processors have worked on a plan for expansion of the facility to accommodate their growth. • Monthly and quarterly processor meetings (with the City) have been held since 2021 for coordination and updates on steps forward for the utility. • New processor (Darigold) joining the facility, benefits all processors by sharing in costs of upgrades. • Ecology approved a new Engineering Report/Facility Plan for the expansion of the facility in 2023. Process Water Reuse Facility Pa g e 3 3 o f 1 8 0 Improvements are underway in four phases, representing major capital investment: • Phase 1: Additional potable water and electrical power ($5M) • Phase 2: Additional winter storage ponds – 329 MG ($48M) • Phase 3: Low-rate anaerobic digester and biological nitrogen removal process ($180M) • Phase 4: Farm upgrades for land application system of pretreated wastewater ($20M) PWRF Users, like in any ratepayer of a utility, are responsible for covering all cost of capital and O&M needs for said utility. Process Water Reuse Facility Pa g e 3 4 o f 1 8 0 Upgrades to Process Water Reuse Facility Rendering Phase 3 project Nitrogen removal with Algae technology Pa g e 3 5 o f 1 8 0 Upgrades to Process Water Reuse Facility Phase 3 Phase 2 Existing FacilityPa g e 3 6 o f 1 8 0 Process Water Reuse Facility After extensive meetings with processors, including with consultants (such as FCS) • The City acted under Chapter 70A.140 RCW, the Water Quality Joint Development Act, selected Burnham for treatment facilities construction, operation and financing. • City entered WTA (Water Treatment Agreement) with Burnham to pay Capital, Operations and Maintenance cost of the treatment facility (Phase 3). Repayment commitment over a 30-year period . Council Approved entering this agreements in April 2023. • The City prepared WTA (Water Treatment Agreements) for Processors to repay capital, operations and maintenance costs for the PWRF including commitment with Burnham. Council approved entering these agreements in April 2023. • Should processor(s) choose not to sign their WTA, code rates and regulations apply Pa g e 3 7 o f 1 8 0 Revenue Rate Setting •Assess revenue requirements to meet all financial obligations: •Operating and Maintenance •Debt Service •Capital Costs and Funding, including bond covenants •Reserves and rate funding of capital. •Cost of service: •Allocate costs to customer classes based on cost drivers and demand on system. •No class of customer subsidize another. •Evaluate utilities separately to protect rate payers. Pa g e 3 8 o f 1 8 0 Processors WTA Total System Costs Existing City O&M Existing Debt Service IPS Debt Service Phase 1 Debt Service Phase 2 Debt Service Phase 3 Treatment Customer Flow Nitrogen TSS BOD Existing Customer Flows Winter Storage Needs & Operational Flexibility Flow BOD Flow BOD Existing Flow/Load New Flow/Load Headworks Nitrogen Removal RNG Pass Through Expenses LRAD Max Month Flow TN Load Existing Load New Load TN Load BOD ppd Flow Nitrogen BOD RNG Credit Tax Credit BOD ppd Base Treatment Costs Credits Annual Flows w/ COW Phase 4 Debt ServicePa g e 3 9 o f 1 8 0 Revisions to Code Proposed modifications of Pasco Municipal Code 13.55 This Ordinance provides measures to support the PWRF, and to provide for continuing and improved service to Processors and the community through better management of wastewater treatment and disposal. Proposed modifications of Pasco Municipal Code 13.55 provide rate framework for those processors that opt to not enter into a 30-year agreement (WTA). Users that seek service without a long-term agreement represent a risk to CITY in case of processor default or departure, no party bearing the debt service on incurred capital investment nor repayment commitment to Burnham for their services. Proposed Ordinance incorporates a Risk Premium assessment calculated as an accelerated repayment schedule (based on 10-year schedule vs. 30-year repayment utilized in WTA rate). Pa g e 4 0 o f 1 8 0 Revisions to Code • Establishes unit costs for services based on flows and constituents of the wastewater • Rates include a risk premium (accelerated repayment period: 10 Years) for new users or users that opt not to enter WTA. Unit CostDescription $8,488Fixed Charges (monthly Cost per user) $1,520Storage, Per MG $1,603Flow, Per MGD $291Nitrogen, Per ppd $1.11TSS, per ppd $75,974Max Monthly flow, per MGD $5.39BOD, per ppd Pa g e 4 1 o f 1 8 0 Next steps Tentative schedule onward: September 3, 2024: Adoption of Ordinance September 13, 2024: Deadline for Processors to provide comments to final draft WTA October 14, 2024: WTAs issued for signature by Processors December 31, 2024: Signature of WTA needed by this date for contracted rate to apply January 1, 2025: New Ordinance Rates are effective for non-contracted Processors Pa g e 4 2 o f 1 8 0 AGENDA REPORT FOR: City Council August 20, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 8/26/24 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: Simple Amendments to Sections of the Pasco Municipal Code to Title 25 Zoning Code Related to Corner Lot Fences (5 minutes) I. REFERENCE(S): Exhibit A relating to Current Fence Standards Exhibit B relating to Current Fence Standards Exhibit C relating to the Sight Distance Triangle Clearview Area Exhibit D relating to Potential Issues II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Background City of Pasco staff have received a request to analyze the Pasco Municipal Code (PMC) relating to corner lot fencing. The goal of which is to potentially provide increased leniency in the siting and height requirements of fencing on residential corner lots, specifically fencing greater than 3.5 feet in height. In consideration of these requests the PMC was amended in September of 2023. via Ordinance No. 4680. to allow corner lot fencing greater than 3.5’ in height, but not to exceed 6 feet in height, in all areas of front yards provided it is setback a minimum of 15 feet from right-of-way lines (property lines adjacent to rights-of-way). Additionally, a provision was added such that fencing may be up to 5 feet in height anywhere on the property provided the top 1.5 feet is at least 85% transparent. If a corner lot or two corner lots form the entire frontage between two parallel or nearly parallel streets, then fencing up to 6 feet in height is allowed in the “secondary” front yard. Page 43 of 180 Ordinance No. 4680 expanded allowances for fence heights greater than 6 feet has been a welcomed amendment to the PMC. However, staff still receives many requests for fences outside of what Ordinance No. 4680 allows. Due to these maximum what into research the has staff requests conducted allowances for fencing locations would be while considering the minimum safety parameters. Proposal The intent of the PMC Amendment proposal would be to expand allowances for fence siting locations while maintaining safe clearview areas. To achieve this goal three key modifications to the PMC have been identified: 1. Remove fence height restrictions within the "secondary" front yard. 2. Adoption of a definition for the "secondary" front yard area. 3. Addition of a reference to the Pasco Design and Construction Standards relating to "sight distance triangle clearview" area. This is the first public presentation of the potential amendment to fencing design standards, the proposed amendment has not been reviewed by the Planning Commission. The proposed amendment would allow for an increased area where fences greater then 3.5 feet in height may be safely located, however, there is the possibility for the unintended consequence of impacting driveway locations on neighboring parcels. Should a corner lot fence be extended front the where yard, "secondary" property of line the to the neighboring lot is undeveloped, the neighboring lot would be required to account for the "sight distance triangle clearview" area impacts caused by the fence. Meaning, there would be a portion of the undeveloped lot where a driveway would not be allowed. V. DISCUSSION: There are a few items staff is seeking guidance from the City Council on, including:  Impacts of removing 15 feet setback requirement: one lot's fence may prohibit locations of a neighbors new driveway and vice versa.  Additional considerations Council would like to see incorporated into the amendment proposal. Following Council discussion and direction, staff will prepare an ordinance for review and approval. Page 44 of 180 Home Home Front Yard Secondary Front Yard Side Yard Rear Yard 6' Tall fencing setback 15' in Front Yard and Secondary Front Yard areas. 6' Tall fencing allowed in Side Yard and Rear Yard areas. 5' Tall fencing with top 1.5' 85% transparent allowed in all areas. 3.5' Tall fencing allowed in all areas. EXHIBIT A Front Yard Side Yard Rear Yard Secondary Front Yard Pa g e 4 5 o f 1 8 0 Home Home Front Yard Secondery Front Yard Rear Yard Side Yard Front Yard Rear Yard Side Yard 6' Tall fencing setback 15' in Front Yard area. 6' Tall fencing permitted within Secondary Front Yard,Rear Yard,andSide Yard areas. 5' tall fencing with top 1.5' 85% transparent allowed in all areas. 3.5' Tall fencing allowed in all areas. EXHIBIT B Secondery Front Yard Pa g e 4 6 o f 1 8 0 Pasco Design and Construction Standards Chapter 8 - Street Improvements Adopted October 7, 2019 Ordinance Number 4457 Revised March 1, 2022 Page 8-2 Driveways shall be located on the lowest classification of roadway abutting the development. Driveway widths and locations are limited to one per lot or as approved by the City Engineer. A “Corner” lot driveway shall be located as far as possible from the street intersection, with edge of driveway a minimum of ten (10) feet from the point of curvature on an intersection radius. Driveway widths shall be as specified on the City Standard Details. The sight distance triangle clearview shall remain clear of anything erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between the heights of 2.5' and 10' above the intersection centerline elevation. At the discretion of the City Engineer, City infrastructure may be located within the clearview including but not limited to regulatory signage, illumination, and utility poles. Figure 8.1 Sight Distance Triangle Clearview Street lights shall be installed in accordance with Franklin PUD requirements and City Standard Details. Typical street light locations include intersections, outside of curves, and along straight roadway segments. Actual locations shall be approved by Franklin PUD. In all new developments, monuments with cover caps and cases shall be installed at the centerline of street intersections, angle point and points of curves, and at other locations as determined by the City Engineer. Traffic signs, posts, sleeves, pavement markings, and channelization devices shall be provided and installed by the Developer in accordance with the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD) and City Design and Construction Standards. Center line markings shall be installed on all paved arterials and collectors, and any lower classified roadways having an ADT of 6,000 vehicles per day or greater. EXHIBIT C Page 47 of 180 6' Tall Fencing EXHIBIT D Pa g e 4 8 o f 1 8 0 Pa g e 4 9 o f 1 8 0 Pa g e 5 0 o f 1 8 0 CA 2024-005 Corner Lot Fences •In 2023, under Ordinance 4680, fence design standards were amended to provide increased allowances for fences greater than 3.5’ in height. •Ordinance 4680 allows fences greater than 6’ in height provided they are outside of “sight distance triangle clearview ” and setback 15’ from any property line adjacent to a street in the front yard area . •Pasco Municipal Code (PMC) has only one definition for front yards and does not account for “secondary” front yards, the areas of the front yard to the side of a dwelling. Pa g e 5 1 o f 1 8 0 Current Fence Code Pa g e 5 2 o f 1 8 0 •Remove fence height setback requirements within the “secondary” front yard. Standards for “sight distance triangle clearview ” will account for traffic and driveway visibility concerns. 15’ setback requirement would remain fo r primary front yard areas. •Adoption of a definition for the “secondary” front yard area. Example: “Yard, secondary front” means an open and unoccupied space including the area from the street right-of-way abutting the secondary street to the building line of the primary building. On a corner lot, the secondary front yard faces the street the primary structure is not addressed on. •Addition of a reference to the Pasco Design and Construction Standards relating to “sight distance triangle clearview ” area. Allows for site specific setback requirements that account for traffic safety. Addition to the PMC section related to fencing will provide applicants with clarity on requirements. Proposed Changes to Fence Code Pa g e 5 3 o f 1 8 0 Sight Distance Clearview Area Pa g e 5 4 o f 1 8 0 •Proposed changes may cause situations where some lots may have 6’ tall fencing in their front yard due to a neighboring corner lot. •Driveway placements on non-corner lots may be impacted because of a corner lot’s fence and driveway “sight distance triangle clearview ” areas. Staff Considerations Pa g e 5 5 o f 1 8 0 Pa g e 5 6 o f 1 8 0 Pa g e 5 7 o f 1 8 0 AGENDA REPORT FOR: City Council August 22, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 8/26/24 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: Ordinance - Amending Sections of the Pasco Municipal Code to Title 17 Sign Code Related to Billboards (5 minutes) I. REFERENCE(S): Proposed Ordinance, version 2024.08.22 Map of Existing Billboards and Property on which Billboards will be Allowed Under Proposed Amendment 2024.02.05 Submittal from John Lehman to City Council 2024.06.55 Submittal from John Lehman to Planning Staff II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: On February 5, 2024, during the Public Comment portion of the City Council (Council) Meeting, John Lehman of Meadow Outdoor Advertising (Meadow) submitted proposed amendments to Title 17 of the Pasco Municipal Code (PMC) and spoke of the anticipated economic benefits to the City of Pasco (Pasco) afforded by billboard signage. With the approval of Ordinance No. 3790 on September 18, 2006, which repealed and replaced the existing sign code, billboards are classified as prohibited signs (PMC Section 17.15.040(9)). An amendment to the PMC is necessary to replace or substantially repair aging existing legal non-conforming billboards, as well as to construct new billboards. Currently Pasco has 13 off-premise outdoor advertising signs/billboards. Page 58 of 180 During the July 2024 discussion and presentation with Council, City Staff provided an overview of the amendment along with substantial changes, as proposed were the of elements amendment applicant. the by Several discussed, including the prohibition of billboards within the Broadmoor Overlay District, while several ideas were presented regarding allowance within the Downtown Overlay. Since that presentation, the applicant has revised the request, to remove Downtown Overlay from the proposal. There was also discussion related to regulation of content, for items such as cannabis, alcohol, and casinos, and restricting billboards near competing businesses. PMC Amendment (draft Ordinance) Proposal: The intent of the PMC Amendment proposal is to allow for more advertising opportunities for those desiring to advertise within the City of Pasco, and to open an additional revenue stream for commercial and industrial business owners who wish to locate billboards on their properties. The proposed draft Ordinance aligns with state laws and local regulations to ensure new for opportunities creating while safety, and health public businesses, entrepreneurs, and property owners. V. DISCUSSION: The substantive changes to the proposed ordinance from July 8, 2024 are: 1) Overlay Downtown the in specifically prohibiting Language billboards District, rather than relying on the existing prohibition of free-standing signs in the Downtown Overlay District, per the request of Mr. Lehman, and 2) Including relevant text in the definition of 'Sign - billboard' in the definition of 'Sign, billboard, digital.' Following Council discussion, staff will prepare an updated ordinance for review and decision at an upcoming regular Council meeting. Page 59 of 180 Ordinance – Amending PMC Title 17 - 1 Version 2024.08.22 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE (PMC) SECTIONS 17.10.010, 17.15.010, 17.15.040 PROVIDING FOR OFF-PREMISE ADVERTISING BILLBOARD SIGNS. WHEREAS, the City of Pasco adopted its first Sign Code that prohibited Billboards in all zoning districts in 2006; and WHEREAS, the City of Pasco City Council desires to expand off-premise advertising opportunities within the City; and WHEREAS, the City of Pasco desires that expanded off-premise advertising opportunities be well regulated in order to enhance and maintain the aesthetic character, to promote the public health, safety and general welfare, and to increase the effectiveness of visual communication in the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Chapter 17.10 PMC Definitions is hereby amended and shall read as follows: 17.10.010 Generally. For the purpose of this title, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as specified in this chapter and are to be used only for the implementation of this title. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. “Alley” means a public street not designed for general travel and used primarily as a means of access to the rear of residences and business establishments. “Building” means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. “Building code” means the building codes of the City adopted by PMC Title 16. “Building line” means a line established by ordinance beyond which no building may extend. Page 60 of 180 Ordinance – Amending PMC Title 17 - 2 Version 2024.08.22 “Building Official” means the Building Official of the City and/or the person designated to enforce the sign code by the City Manager. “Change of copy” means the change of a logo, and/or message upon the face or faces of a legal sign. “City” means the City of Pasco, Washington. “Community event” means a community-wide event open to the general public and sponsored by a public agency, a public or private school, or a not-for-profit civic organization. “Curb line” means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the City Engineer shall establish the curb line. “Display surface” means the area made available by the sign structure for the purpose of displaying the advertising message. “District” or “zoning district” means any district established pursuant to the provisions of PMC Title 25. “Durable” means a nonbiodegradable material that withstands degradation from the elements such as weatherproof card stock, aluminum, metal, UV-protected plastics, treated or painted wood concrete, stone and similar materials. “Erects” means to build, construct, attach, place, suspend, or affix, including the painting of a wall sign. “Face of building” means the general outer surface of any exterior wall of a building or other structure. “Facade” means the entire building front or street wall face, including the grade to the top of the parapet or eaves, and the entire width of the building elevation. “Fence – subdivision” means a common fence constructed along the rear line of residential lots that back on arterial streets and constructed as part of the subdivision improvements. Page 61 of 180 Ordinance – Amending PMC Title 17 - 3 Version 2024.08.22 “Filling station, public motor fuels” means any area of land, including any structure or part thereof, that is used or designed to be used for the supply of motor fuels; also deemed to be included within this term shall be: Any area or structure used or designed to be used for polishing, greasing, washing, spraying (other than paint), dry cleaning, or otherwise cleaning or servicing such motor vehicles. “Frontage” means the measurement of the length of the property line or building front. “Hearing Examiner” means the Pasco Hearing Examiner as set forth in Chapter 25.195 PMC. “Incombustible material” means any material which will not ignite at, or below, a temperature of 1,200 degrees Fahrenheit during an exposure of five minutes, and which will not continue to burn or glow at that temperature. “Mansard roof” means a sloped roof or roof-like facade architecturally able to be treated as a building wall. “Multiple-building complex” means a group of commercial or industrial structures. “Multiple-tenant building” means a single structure that houses more than one retail business, office or commercial venture, but that does not include residential apartment buildings sharing the same lot, access and/or parking facilities. “Nonconforming signs” are those which were lawfully installed, but which do not comply with the requirements of this title. “Nonstructural trim” means the molding, batons, caps, nailing strips, latticing, cutouts or letters and walkways that are attached to the sign structure. “Parapet” means a false front or wall extension above the roof line. “Parcel” means the real property on which a business is located or the portion of real property designated for use of a business. Parcel shall include all adjacent property used by a business including yards, parking lots, and storage yards. Where more than one business is located within a building, the property on which that building is located is considered one parcel. Page 62 of 180 Ordinance – Amending PMC Title 17 - 4 Version 2024.08.22 “Perimeter” means a square or rectangle required to enclose the sign area. “Periphery of right-of-way” means that portion of the right-of-way lying behind the street improvement. (See definition for “Street improvements.”) “Person” means and includes persons, firms, partnerships, associations, corporations, and other business entities. “Premises” means the real estate as a unit, upon which is displayed the sign or signs mentioned in this chapter. “Private road or driveway” means every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons. “Projection” means the distance by which a sign extends over public property or beyond the property line. “Right-of-way (ROW)” means that area of land dedicated for public use or secured by the public for purposes of ingress and egress to abutting property and other public purposes, including that space between the adjacent property line and the back of the street and/or sidewalk improvements. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. In the event a highway includes two or more separated roadways, the term “roadway” shall refer to any such roadway separately but shall not refer to all such roadways collectively. “Roofline” means the top edge of a roof or parapet or the top line of a building silhouette. “Setback” means the distance measured on a horizontal plane between a public right-of-way line or a property line and the closest portion of a sign thereto. “Sidewalk” means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians, or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians. Page 63 of 180 Ordinance – Amending PMC Title 17 - 5 Version 2024.08.22 “Sign” means a name, identification, description, display or illustration that is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land and that directs attention to an object, product, place, activity, person, institution, organization or business. However, a “sign” shall exclude any display of official court or public office notice, emblem or insignia of a nation, political unit, school, or religious group. A “sign” shall not include a sign located completely within an enclosed building unless the public may view the sign from a roadway or sidewalk, or the context of this chapter shall so indicate. “Sign, abandoned” means a sign that no longer correctly directs or exhorts any person nor advertises a bona fide business, lessor, owner, product or activity conducted or available on the premises whereon such sign is located. “Sign area” means the total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or framework that contains no written copy, and includes only one side of a double- faced sign. Individual letter signs using a wall as the background without added decoration or change in wall color shall be calculated by measuring the perimeter enclosing each letter. The combined total area of each individual letter shall be considered the total area of the sign. Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module. Perimeter or sign area shall be established by the smallest rectangle enclosing the extreme limits of the letter module or advertising message being measured. “Sign – awning” means a sign that is hung from and below a building awning or canopy that may extend outwards under the awning or canopy and over the walkway or parking area. “Sign – banner” means flexible material on which a sign is painted or printed that is attached to a building or displayed on the grounds. “Sign – billboard” means a an off-premise sign or off-premise sign structure supported by one or more uprights and braces in the ground or on a building roof upon which general advertising matter is placed, usually by the poster method, erected entirely upon private property. Page 64 of 180 Ordinance – Amending PMC Title 17 - 6 Version 2024.08.22 “Sign – billboard, digital” means an off-premise sign or off-premise sign structure supported by one or more uprights and braces in the ground, erected entirely upon private property, upon which general advertising messages are changed by any electronic process or remote control, provided that the change from one message to another message is no more frequent than once every eight seconds and the actual change process is accomplished in 2 seconds or less. “Sign – blade or projecting” means a sign that is wall-mounted perpendicular to the building that may extend upwards and above the facade and/or outwards and over the walkway or parking area. “Sign – business” means a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold, or offered upon the premises where such sign is located, or to which it is affixed. “Sign – canopy” means a sign that is painted onto the face or edge of an awning or canopy that is mounted to the building facade. “Sign – changing message center” means an electronically controlled public service time and temperature sign, message center, or readerboard where different copy changes of a public service or commercial nature are shown on the same lamp bank. “Sign – combination” means any sign incorporating any combination of the features of freestanding, projecting and roof signs. “Combination sign” shall include signs commonly referred to as “fin signs.” “Sign – community event regional” means a sign that identifies events occurring at a regional sports/entertainment/convention/trade facility containing 60 or more acres located within 1,000 feet of a freeway interchange and adjacent to a highway of statewide significance. “Sign – construction” means a temporary sign designating the contractor(s), architect(s), and engineer(s) participating in a construction project underway on the same premises. A construction sign may also include the name of the project. “Sign – directional” means any sign designated and used solely for the purpose of indicating the location or direction of a place on the premises upon which the sign is located. Page 65 of 180 Ordinance – Amending PMC Title 17 - 7 Version 2024.08.22 “Sign – directional off-premises kiosk” means a structure erected by the City or a private party through a license agreement with the City in approved locations bearing multiple off-premises directional signs. “Sign – directional traffic” means a sign that is located to guide or direct pedestrian or vehicular traffic to parking entrances, exits and service areas. “Sign – directory of tenants” means a sign that identifies the building or project name and the tenants which share a single structure or development. “Sign – double-faced” means a sign with two faces. “Sign – electrical” means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. “Sign – flashing” means an electrical sign or portion thereof that changes light intensity in a sudden transitory burst or that switches on and off in a constant pattern with more than one-third of the light source that is not constant being off at any one time. “Sign – follow-through” means a sign which identifies the location of a business for the purpose of participating in the Washington State Department of Transportation Motorist Information Sign Program. “Sign – freestanding pedestal” means a self-supported sign permanently attached directly to the ground upon a pedestal base or monument foundation and not attached to any building, wall or fence (also called pedestal or monument sign). “Sign – freestanding pole” means a self-supported sign permanently attached directly to the ground supported by upright poles or posts or braces placed on or in the ground (also called ground or pole sign). “Sign – freeway” means a freestanding sign located on the premises where the business, product or service is located, with said sign being within 250 feet of I- 182, SR-395 or SR-12. “Sign – freeway interchange” means a sign that provides only regional identification for a group of businesses within an area defined by a state-recognized business association where the businesses collectively occupy a minimum of 15 acres of land. Page 66 of 180 Ordinance – Amending PMC Title 17 - 8 Version 2024.08.22 “Sign – garage or yard sale” means a sign advertising a private sale of personal household possessions; not for the use of any commercial venture. “Sign height” means the vertical distance measured from the adjacent grade at the base of the sign support to the highest point of the sign or sign structure, whichever is higher. “Sign – identification” means a sign of an informational nature that directs attention to certain uses other than businesses, individual private residences. “Sign – inflatable” means a large balloon or balloon-like object greater than 18 inches in any dimension that uses blown air or a gas to remain inflated. “Sign – informational private” means a sign placed for the convenience of the property owner used for the sole purpose of designating property control and warning signs such as “no trespassing,” “no dumping,” “patrolled by dogs,” etc. “Sign – informational public” means a sign placed for the convenience of the public used for the sole purpose of designating restrooms, hours of operations, entrances and exits to buildings and parking lots, help wanted, public telephones, public notary, etc. Also included are plaques, tablets or inscriptions that are an integral part of a building. “Sign – interior” means any sign attached to the interior surface of the window of any building or structure, or maintained within the building or structure. “Sign – landmark” means a sign or plaque that is attached to the surface of the building or on a site that identifies or describes the historical, cultural, social, or other significance of a building or site. “Sign – limited duration” means any sign advertising real estate sales or rentals or construction projects utilized for a specified period of time. “Sign, marquee or readerboard” means a sign that displays a changing message using manually mounted lettering or electronic printout that may be mounted on a building or freestanding pedestal or pole. “Sign, marquee or readerboard – portable” means a sign that displays a changing message using manually mounted lettering or electronic printout that may be mounted on an easel, trailer, or other movable equipment. Page 67 of 180 Ordinance – Amending PMC Title 17 - 9 Version 2024.08.22 “Sign – nameplate” means a sign which indicates no more than the name and address of the resident of the premises. “Sign – nonconforming” means any sign lawfully constructed prior to the enactment of the ordinance codified in this title, which fails to conform to the provisions of this title. “Sign – off-premises” means a sign that carries a message of any kind or directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed. Signs identifying a business complex and containing the names of multiple businesses within the complex shall not be considered an off-premises sign. “Sign – off-premises directional” means a sign providing directions to a public or other community event or facility in a location different than the property on which the sign is posted. “Sign – off-premises informational” means a sign providing information about events conducted at a public or other community facility in a location different than the property on which the sign is posted. “Sign – open house” means a sign welcoming viewers to a piece of residential real estate that is being offered for sale. “Sign – pedestrian-oriented” means a sign the primary purpose of which is to provide information for pedestrians and bicyclists. “Sign – political” means a temporary sign that identifies a candidate(s) for public elective office; urges a particular vote on a ballot measure in a pending public election, whether local, state or national; or expresses an opinion on a public issue. “Sign – portable” means an unlighted business sign, including paper, cardboard, wood or metal, that is capable of being moved easily and that is not permanently affixed to the ground, structure or building. This includes a sidewalk or sandwich board signs, except those worn by a person. “Sign – poster” means a decorative placard or advertisement intended to advertise a movie, theater production, video or CD, or other product or special event that is being conducted or offered for sale. Page 68 of 180 Ordinance – Amending PMC Title 17 - 10 Version 2024.08.22 “Sign – readerboard” means a lighted or unlighted business sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will. “Sign – readerboard, portable” means a lighted or unlighted business sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will. A portable readerboard is capable of being moved or trailer mounted and is not permanently affixed to the ground, structure or building. “Sign – real estate” means a temporary sign erected by the owner, or his/her agent, that advertises the real estate upon which the sign is located for rent, lease or sale, or directing people to the property. “Sign – real estate directional” means a temporary and/or portable sign that is intended to assist people finding the location of difficult-to-locate property that is for sale, rent, or lease. “Sign – revolving” means any sign that rotates or turns in a circular motion by electrical or mechanical means and does not exceed eight revolutions per minute. “Sign – roof” means a business sign erected upon or above a roof or parapet of a building or structure. Mansard roof signs shall be considered wall signs. “Sign – sandwich or A-frame” means a temporary portable two-faced board-style sign that is readily movable and has no permanent attachment to a building, structure, or the ground. “Sign – special event” means a temporary sign advertising activities concerning a drive or event of a political, civic, seasonal, cultural, philanthropic, educational or religious event or organization that will occur intermittently. “Sign structure” means any structure supporting or capable of supporting any sign defined in this chapter. A sign structure may be a single pole or may or may not be an integral part of the building or structure. “Sign – temporary” means any real estate, open house, special event, garage sale, or political sign corresponding to a specific event and displayed for a limited period of time. Page 69 of 180 Ordinance – Amending PMC Title 17 - 11 Version 2024.08.22 “Sign – tract” means signs used for the sale of real property in a platted subdivision. “Sign – wall” means any sign or graphic design which is attached parallel to, or flat against, or is painted on, the wall or exterior of a building or structure having a commercial message or identification. “Sign – wall-mounted” means a sign attached or erected parallel to and extending from the facade or wall of any building to which it is attached. A wall sign is supported through its entire length with the exposed face of the sign parallel to the plane of said wall or facade. A sign painted on the wall of a building or a sign painted or attached to a marquee shall be considered a wall-mounted sign. “Sign – window” means any sign which is painted or mounted onto an exterior window pane, or which is hung directly inside the window, including advertisements for services or products in the form of decals, emblems, paint, exposed neon, banners, etc., within three feet of the window pane. “Sign – window, temporary indoor” means any sign (or poster) of a temporary nature displayed within a commercial building on the inside of the glass or in close proximity to the window and may be viewed by persons outside of the building. “Street” means a public or private way open to general public use including all classes of roadways and excepting alleys, driveways, and interstate freeways, but including major internal circulation corridors within parking lots. “Street frontage” means the side of the building facing a street that abuts the property on which the building is located. “Street improvements” means the paved roadway, and adjoining curb, gutter, sidewalk and landscaping. “Structure” means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. “U.L.” means Underwriters Laboratory. Page 70 of 180 Ordinance – Amending PMC Title 17 - 12 Version 2024.08.22 Section 2. Chapter 17.15 PMC Sign Allowance Table is hereby amended and shall read as follows: Sign Allowance Table Permit requirement | Material restrictions | | Number of signs | | | Allowable surface area in sq. ft. (1) | | | | Height in feet (2) | | | | | Projection over ROW to curb line | | | | | | Spacing in linear feet (3) | | | | | | | Visible ground plane/passage area (4) | | | | | | | | Setback from adjacent property line | | | | | | | | | Setback from ROW in feet (5) | | | | | | | | | | | | | | | | | | | | Duration (days) | | | | | | | | | | | Notes | | | | | | | | | | | | Access, landmark, and informational signs - all zones entry/exit freestanding pedestal/pole sign yes durable 1 4 4 5 0 per exit/entry landmark wall sign/plaque yes durable 1 10 8 5 0 per building frontage informational - private (6) wall sign no durable 1 2 8 5 0 per building frontage freestanding pedestal/pole sign no durable 1 6 4 5 0 per street frontage informational - public wall sign no durable 1 2 8 5 0 per building frontage freestanding pedestal/pole sign no durable 1 6 4 5 0 per street frontage Page 71 of 180 Ordinance – Amending PMC Title 17 - 13 Version 2024.08.22 Sign Allowance Table Permit requirement | Material restrictions | | Number of signs | | | Allowable surface area in sq. ft. (1) | | | | Height in feet (2) | | | | | Projection over ROW to curb line | | | | | | Spacing in linear feet (3) | | | | | | | Visible ground plane/passage area (4) | | | | | | | | Setback from adjacent property line | | | | | | | | | Setback from ROW in feet (5) | | | | | | | | | | | | | | | | | | | | Duration (days) | | | | | | | | | | | Notes | | | | | | | | | | | | Permanent signs Residential districts - RT, R-S-20, R-S-12, R-S-1, R-1, RFAH-1/1A, R-2, R-3, R-4, RMHP identification - dwelling unit wall sign no durable 1 2 8 5 0 per property freestanding pedestal/pole sign no durable 1 2 4 5 0 per property identification - bldg complex wall sign yes durable 1 24 20 5 0 per building frontage freestanding pedestal/pole sign yes durable 1 24 4 5 0 per street frontage daycare facility wall sign yes durable 1 16 20 5 0 per building frontage commercial freestanding pedestal/pole sign yes durable 1 16 15 5 0 per street frontage Page 72 of 180 Ordinance – Amending PMC Title 17 - 14 Version 2024.08.22 Sign Allowance Table Permit requirement | Material restrictions | | Number of signs | | | Allowable surface area in sq. ft. (1) | | | | Height in feet (2) | | | | | Projection over ROW to curb line | | | | | | Spacing in linear feet (3) | | | | | | | Visible ground plane/passage area (4) | | | | | | | | Setback from adjacent property line | | | | | | | | | Setback from ROW in feet (5) | | | | | | | | | | | | | | | | | | | | Duration (days) | | | | | | | | | | | Notes | | | | | | | | | | | | school/religious use (15) wall sign yes durable 1 24 20 5 0 per building frontage freestanding pedestal/pole sign yes durable 1 40 15 5 0 per street frontage freestanding marquee/readerboard sign yes durable 1 24 15 5 0 per street frontage Office/commercial districts - O, C-1, C-2, C-3, C-R, BP, I-1, I-2, I-3 Composite allowance - all sign surfaces maximum per sign window sign (11) no transparent na 25% 15 per building/street frontage awning sign per business yes durable 1 24 15 (2) 8 may extend over walkway canopy sign yes maintained a 25% 24 (2) 8 may extend over walkway wall sign yes durable na 25% na 14 0 Page 73 of 180 Ordinance – Amending PMC Title 17 - 15 Version 2024.08.22 Sign Allowance Table Permit requirement | Material restrictions | | Number of signs | | | Allowable surface area in sq. ft. (1) | | | | Height in feet (2) | | | | | Projection over ROW to curb line | | | | | | Spacing in linear feet (3) | | | | | | | Visible ground plane/passage area (4) | | | | | | | | Setback from adjacent property line | | | | | | | | | Setback from ROW in feet (5) | | | | | | | | | | | | | | | | | | | | Duration (days) | | | | | | | | | | | Notes | | | | | | | | | | | | blade/projecting sign yes durable 1 125 (2) (2) 5 0 freestanding pedestal sign yes durable 1 350 15 0 5 0 *freestanding marquee/readerboard sign yes durable 1 48 15 5 0 per street frontage *freestanding pole - tenant directory sign yes durable 1 12 35 0 6 5 0 up to 12 tenants per sign *freestanding pole sign yes durable 1 350 35 0 6 5 0 *freestanding billboard sign yes durable 1 250 35 0 500 6 5 0 Maximum 25 billboard sign structures in City. *freestanding digital billboard sign yes durable 1 250 35 0 500 6 5 0 off-premises directional sign (14) yes durable 1 5 15 5 0 Page 74 of 180 Ordinance – Amending PMC Title 17 - 16 Version 2024.08.22 Sign Allowance Table Permit requirement | Material restrictions | | Number of signs | | | Allowable surface area in sq. ft. (1) | | | | Height in feet (2) | | | | | Projection over ROW to curb line | | | | | | Spacing in linear feet (3) | | | | | | | Visible ground plane/passage area (4) | | | | | | | | Setback from adjacent property line | | | | | | | | | Setback from ROW in feet (5) | | | | | | | | | | | | | | | | | | | | Duration (days) | | | | | | | | | | | Notes | | | | | | | | | | | | Commercial/industrial districts - C-3, C-R, BP, I-1, I-2, I-3 maximum per sign freeway sign yes durable 1 350 70 500 6 35 35 per freeway frontage per freeway or freeway interchange (9) sign yes durable 1 480 70 500 6 35 35 per 15-acre site minimum frontage property and freeway readerboard (9) sign yes durable 1 150 35 500 6 35 35 per 15-acre site minimum Limited duration signs Undeveloped property Residential freestanding pedestal/pole sign yes durable 1 24 8 5 0 15 after closing - lot - tract freestanding pedestal/pole sign yes durable 1 60 8 5 0 15 after last closing Page 75 of 180 Ordinance – Amending PMC Title 17 - 17 Version 2024.08.22 Sign Allowance Table Permit requirement | Material restrictions | | Number of signs | | | Allowable surface area in sq. ft. (1) | | | | Height in feet (2) | | | | | Projection over ROW to curb line | | | | | | Spacing in linear feet (3) | | | | | | | Visible ground plane/passage area (4) | | | | | | | | Setback from adjacent property line | | | | | | | | | Setback from ROW in feet (5) | | | | | | | | | | | | | | | | | | | | Duration (days) | | | | | | | | | | | Notes | | | | | | | | | | | | Commercial freestanding pedestal/pole sign yes durable 1 24 8 5 0 15 after closing - lot - tract freestanding pedestal/pole sign yes durable 1 60 8 5 0 15 after closing Construction wall/banner sign yes durable 1 24 8 5 0 const freestanding pedestal/pole sign yes durable 1 32 8 5 0 const Real estate sales/rentals per building or property Residential zones window/poster sign no 1 2 0 15 after closing freestanding pedestal/pole sign (10) no durable 1 6 8 5 0 15 after closing freestanding sign (10) no durable 2 2 8 5 0 15 after closing Page 76 of 180 Ordinance – Amending PMC Title 17 - 18 Version 2024.08.22 Sign Allowance Table Permit requirement | Material restrictions | | Number of signs | | | Allowable surface area in sq. ft. (1) | | | | Height in feet (2) | | | | | Projection over ROW to curb line | | | | | | Spacing in linear feet (3) | | | | | | | Visible ground plane/passage area (4) | | | | | | | | Setback from adjacent property line | | | | | | | | | Setback from ROW in feet (5) | | | | | | | | | | | | | | | | | | | | Duration (days) | | | | | | | | | | | Notes | | | | | | | | | | | | Commercial zones (12) window/poster sign no 1 2 0 15 after closing wall/banner sign no durable 1 6 20 5 0 15 after closing freestanding pedestal/pole sign (9) no durable 1 6 8 5 0 15 after closing Temporary signs Open house - real estate sales sandwich - directional (10) no durable 4 6 4 5 0 after event sandwich - site (10) no durable 1 6 4 5 0 after event Special event - sales, charities, etc. Schools, churches, parks, farmers mkt, Xmas trees sandwich - directional (10) no durable 4 6 4 5 0 after event sandwich - site (10) no durable 1 6 4 5 0 after event Page 77 of 180 Ordinance – Amending PMC Title 17 - 19 Version 2024.08.22 Sign Allowance Table Permit requirement | Material restrictions | | Number of signs | | | Allowable surface area in sq. ft. (1) | | | | Height in feet (2) | | | | | Projection over ROW to curb line | | | | | | Spacing in linear feet (3) | | | | | | | Visible ground plane/passage area (4) | | | | | | | | Setback from adjacent property line | | | | | | | | | Setback from ROW in feet (5) | | | | | | | | | | | | | | | | | | | | Duration (days) | | | | | | | | | | | Notes | | | | | | | | | | | | window poster no na 50% after event window banner no durable 1 16 0 after event wall sign/banner no durable 1 64 20 5 0 after event banner - mounted freestanding pole no durable 1 10 20 (2) 8 5 0 after event marquee/readerboard - portable no durable 1 18 4 5 0 after event balloons (12) no biodegradable 15 20 5 after event Residential zones sandwich - directional (10) no durable 2 6 4 5 0 after event sandwich - site (10) no durable 1 6 4 5 0 after event Commercial zones sandwich - directional (10) no durable 2 6 4 5 0 after event sandwich - site (10) no durable 1 6 4 5 0 after event Page 78 of 180 Ordinance – Amending PMC Title 17 - 20 Version 2024.08.22 Sign Allowance Table Permit requirement | Material restrictions | | Number of signs | | | Allowable surface area in sq. ft. (1) | | | | Height in feet (2) | | | | | Projection over ROW to curb line | | | | | | Spacing in linear feet (3) | | | | | | | Visible ground plane/passage area (4) | | | | | | | | Setback from adjacent property line | | | | | | | | | Setback from ROW in feet (5) | | | | | | | | | | | | | | | | | | | | Duration (days) | | | | | | | | | | | Notes | | | | | | | | | | | | window poster no na 50% after event window banner no durable 1 16 0 after event wall sign/banner no durable 1 64 20 5 0 after event banner - mounted freestanding pole no durable 1 16 20 (2) 8 5 0 after event marquee/readerboard - portable no durable 1 18 4 5 0 after event balloons (12) no biodegradable 15 20 5 after event inflatables (13) yes nonflammable 1 350 70 250 5 0 after event SR-12/395 and I- 182 inflatables (13) yes nonflammable 1 350 70 500 5 0 after event Political (16) freestanding no durable na 6 4 5 0 10 after election * Freestanding signs are not allowed within the downtown overlay zone. Page 79 of 180 Ordinance – Amending PMC Title 17 - 21 Version 2024.08.22 1 The area within a continuous perimeter enclosing the outer limits of the sign face, but not including structural elements, which are not a part of the display. The area of a two-sided sign equals the area of one side. The area of a spherical, cubical, or polyhedral sign equals 1/2 the total surface area. 2 Height: measured from the average finished grade at the sign foundation. Awning signs shall be at least 8 and no more than 16 feet above the walkway. Blade/projecting signs shall not extend more than 10 feet above the building facade or 6 feet from the face of the building. 3 Spacing: the linear distance between signs, or billboard sign structures, in feet. 4 The area under the sign that shall be free of obstructions to allow passage of pedestrians and vehicles. 5 Setback: shall be that portion of any sign or sign structure that is closest to the property line. 6 Private informational signs must be for an original purpose and may not simply repeat the same message over and over. 7 Reserved.Signs visible from Washington State Highways may be subject to the Highway Advertising Control Act of 1971 and require approval by the Washington State Department of Transportation in additional to local approval. 8 On private property adjacent to an arterial road: not within 100 feet of a public street intersection, 300 feet of a residential district, within 250 feet of a freestanding sign of 200 sf of display area. 9 Freeway interchange signs must be located within 1,000 feet of an interchange, and 300 feet of ROW, on site of business on a minimum 15-acre site. 10 Square feet per one face of a two-sided sandwich board. 11 Window signs may include credit card logos and advertise hours of operation and address. 12 Balloons shall be no larger than 18 inches in diameter, not attached to a roofline. 13 Inflatables shall be securely anchored to the ground and not create a traffic or Page 80 of 180 Ordinance – Amending PMC Title 17 - 22 Version 2024.08.22 other hazard in the event of deflation. Inflatables shall be measured by square feet of surface volume. 14 Off-premises directional signs shall be of the material, color, lettering font, and structure specified by the Building Official. 15 Excepting Pasco High School Bulldogs stadium sign. 16 Campaign signs on private property are limited to 32 square feet in size. Section 3. PMC Section 17.15.040 Prohibited Signs is hereby amended and shall read as follows: 17.10.040 Prohibited Signs. From and after September 1, 2006, it is unlawful for any person to maintain, erect or place within the City: (1) A swinging projecting sign; (2) Signs attached to or placed upon a vehicle or trailer parked on private or public property designed to operate as a de facto permanent advertising sign. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during the normal course of business. This does not include automobile for sale signs or signs attached to licensed buses or taxis; (3) Private signs placed in or upon a public right-of-way, except as expressly provided herein; (4) Any sign that constitutes a traffic hazard or detriment to traffic safety because of size, location, movement, content, or method of illumination. Any sign that obstructs the vision of drivers or detracts from the visibility of any official traffic control device or diverts or tends to divert the attention of drivers of moving vehicles away from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians, or which by its glare or by its method of illumination constitutes a hazard to traffic. No sign may use words, phrases, symbols or characters in such a manner as to interfere with, mislead, or confuse the steady and safe flow of traffic; Page 81 of 180 Ordinance – Amending PMC Title 17 - 23 Version 2024.08.22 (5) Any sign or advertising structure or supporting structure that is torn, damaged, defaced or destroyed; (6) Signs attached to utility poles, trees, rocks or other natural features; (7) Signs attached to subdivision fences; (8) Signs attached to benches on public rights-of-way; (9) Billboards and product advertising signs; rRoof signs, including signs painted directly on a sloped or gabled roof surface; strobe lights, lasers; strings of streamers; and all other signs not otherwise specifically authorized or exempted by this chapter; (10) Off-premises signs except those expressly permitted herein; (11) Balloons or inflatables attached, anchored or tethered to a roof of a building. Section 4. PMC Chapter 25.95.050 Development Standards is hereby amended and shall read as follows: 25.95.050 Development standards. (1) The downtown Pasco overlay district shall be exempt from the following: (a) Off-street parking requirements of Chapter 25.185 PMC. (b) Density threshold requirements of PMC 25.215.015. (2) The following signs shall be prohibited: (a) Billboard signs. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Page 82 of 180 Ordinance – Amending PMC Title 17 - 24 Version 2024.08.22 Section 6. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 202_. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 83 of 180 CA 2024-002 Existing Billboards & Effect of Proposed Ordinance 395 Existing Billboards #of sign faces gggggAreas Billboards Prohibited in 395 ‘0 Ci[y~/ Proposed Ordinance based upon H'h I t t t $PaSCO Overlay District,Supersedes '9 way/n ers a e v Zoning District —Arterial Roads e ?N-Areas Billboards are Allowed under —Local Roads °’‘; Proposed Ordinance based upon D pasco City Limits . Zoning District JBB 2024.08.22 Pa g e 8 4 o f 1 8 0 Source: OAAA, Morning Consult. Methodology: conducted online within the US by Morning Consult from November 10 - 15, 2022 among 1,461 US adults ages 18 - 64, weighted to reflect the US population across age, gender, race/ethnicity, region, and education. OOH Generates High Levels of Consumer Engagement 44% of US adults have noticed an OOH ad in the past month of US adults took an action after recently seeing an OOH ad including:78% of US adults are more likely to notice OOH ads aligned with their needs used search to look up information about the advertiser 41%watched a television program 29%visited an advertiser’s social media 29%visited an advertiser’s website 28%tuned to a radio station 24%visited an advertised restaurant 23%visited a store or other business advertised 22%watched a movie in the theater 21%talked about the advertisement or product with others 51% of US adults took an action on their mobile device after recently seeing an OOH ad including:76% used search to look up information about the advertiser 43%made an online purchase 33%visited an advertiser’s website 31%accessed a coupon, discount code, or other info using QR code, tap or SMS/text 26%downloaded or used an app shown in the ad 57%of US adults are more likely to notice OOH ads tailored to the consumers’ location 54% 88% Page 85 of 180 Page 86 of 180 Page 87 of 180 Page 88 of 180 Page 89 of 180 Page 90 of 180 Page 91 of 180 Page 92 of 180 Page 93 of 180 Page 94 of 180 r,A6(1e,LS /-2_OQ_q JZSi. l r C&wJczL t-_ r) W1 - - -- , rneadowoutdoor.coi Billboards - Bullet Points for Discussion - Pasco City Council 0 • Good for business, especially small local businesses. o Bring in customers. o More revenue for local businesses. Billboards help the local economy. Good for helping non -profits and public information (non-commercial messages). Meadow donates thousands every year in all our markets. o Advertising space for the city. Events, information updates, Mayor's/Council's board, etc. Good for landowners. o Lease revenue from sign -on property. o Maximizes property income for landowners and small businesses. The current code allows for signs as large as billboards. Same type of sign freestanding pole signs). 350 sq. ft. freestanding pole signs are allowed currently. Meadow proposes smaller advertising billboard signs: 250 square feet. 500- foot spacing between billboard signs. Give Blood! Digital Billboards — Instant communication to the public. o These displays allow local advertisers more access to advertising. o Allow for more public service: Amber alerts, crime alerts, crisis alerts, weather alerts, etc. o Public events in the City of Pasco. o Mayor's/Council's spot for city events or causes. Proposed changes will manage billboards. o Meadow has already discussed this with planning staff. Concern about workload. o Meadow can help write up changes, very simple addition of verbiage. o Very little work for the council and staff. Pasco Chamber of Commerce. Billboard " Keep Your Eye on Pasco". o This sign creates awareness to promote Pasco businesses. Billboards will do the same. Meadow will promote the Pasco Chamber of Commerce. Reason for current code. o Prior to the current code, there were no billboard rules. o Unmanaged political campaign advertising caused a proliferation of signs. o The new proposed billboard language will manage the number of signs. Page 95 of 180 Title 17 Sign Code I Pasco Municipal Code Page 6 of 33 Sign - billboard" means an off -premise sign or off -premise sign structure supported by one or more uprights and braces in the ground upon which general advertising matter is placed, usually by the poster method, erected entirely upon private property. Sign - billboard (digital)" means an outdoor advertising sign that changes messages by any electronic process or remote control, provided that the change from one message to another message is no more frequent than once every eight seconds and the actual change process is accomplished in 2 seconds or less. Sign - blade or projecting" means a sign that is wall -mounted perpendicular to the building that may extend upwards and above the facade and/or outwards and over the walkway or parking area. Sign - business" means a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold, or offered upon the premises where such sign is located, or to which it is affixed. Sign - canopy" means a sign that is painted onto the face or edge of an awning or canopy that is mounted to the building facade. Sign - changing message center" means an electronically controlled public service time and temperature sign, message center, or readerboard where different copy changes of a public service or commercial nature are shown on the same lamp bank. Sign - combination" means any sign incorporating any combination of the features of freestanding, projecting and roof signs. "Combination sign" shall include signs commonly referred to as "fin signs." Sign - community event regional" means a sign that identifies events occurring at a regional sports/ entertainment/convention/trade facility containing 60 or more acres located within 1,000 feet of a freeway interchange and adjacent to a highway of statewide significance. Sign - construction" means a temporary sign designating the contractor(s), architect(s), and engineer(s) participating in a construction project underway on the same premises. A construction sign may also include the name of the project. Sign - directional" means any sign designated and used solely for the purpose of indicating the location or direction of a place on the premises upon which the sign is located. Sign - directional off -premises kiosk" means a structure erected by the City or a private party through a license agreement with the City in approved locations bearing multiple off -premises directional signs. Sign - directional traffic" means a sign that is located to guide or direct pedestrian or vehicular traffic to parking entrances, exits and service areas. Sign - directory of tenants" means a sign that identifies the building or project name and the tenants which share a single structure or development. Sign - double-faced" means a sign with two faces. Sign - electrical" means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. The Pasco Municipal Code is current through Ordinance 4643, passed March 6, 2023. Page 96 of 180 Title 17 Sign Code I Pasco Municipal Code Page 12 of 33 Sign Allowance Table Permit requirement 1 Material restrictions Number of signs I Allowable surface area in sq. ft. (1) 1 I I Height in feet (2) 1 1 1 1 1 Projection over ROW to curb line 1 1 Spacing in linear feet (1 ) Visible ground plane/passage area (4) 1 1 1 1 1 1 I 1 Setback from adjacent property line 1 I 11 1 1 1 I 1 Setback from ROW in feet (5) I I 1 1 1 1 I 1 I I I I I I I I I I I I Duration (days) 1 1 I I 1 1 I 1 I I I Notes I I 1 1 1 1 I 1 I I I I maximum window sign (i 1) no transparent na 25% 15 per sign per building/str awning sign perggnp yes durable 1 24 15 2) 8 may extend over eet business walkway frontage canopy sign yes maintained na 25% 24 2) 8 may extend over walkway wall sign yes durable na 25% na 14 0 wall sign - yes maintained na 25% na 0 of commercial message murals/artwork (7) blade/projecting sign yes durable 1 125 2) 2) 5 0 freestanding yes durable 1 350 15 0 5 0 pedestal sign freestanding marquee/ yes durable 1 48 15 5 0 per street frontage readerboard sign freestanding pole - yes durable 1 12 35 0 6 5 0 up to 12 tenants per sign tenant directory sign freestanding pole yes durable 1 350 35 0 6 5 0 sign freestanding billboard yes durable 1 250 35 0 1100 6 5 sign freestanding digital yes durable 1 250 35 0 50(> 6 5 billboard sign off -premises directional yes durable 1 5 15 5 0 sign (14) Commercial/industrial districts - C-3, C-R, BP, 1-1, 1-2, 1-3 maximum per sign freeway sign yes durable 1 3501701 50 6 35 35 per freeway frontage 0 per freeway or freeway yes durable 1 480 70 6 35 35 per 1 5-acre site interchange (9) 10 0 minimum sign frontage property and freeway yes durable 1 150 35 50 6 35 35 per 1 5-acre site readerboard (9) sign 0 minimum Undeveloped property Residential - lot freestanding yes durable 1 24 8 5 0 15 after closing pedestal/pole sign tract freestanding yes durable 1 60 8 5 0 15 after last closing pedestal/pole sign Commercial - lot freestanding yes durable 1 24 8 5 0 15 after closing pedestal/pole sign tract freestanding yes durable 1 60 8 5 0 15 after closing pedestal/pole sign The Pasco Municipal Code is current through Ordinance 4643, passed March 6, 2023. Page 97 of 180 Title 17 Sign Code I Pasco Municipal Code Page 18 of 33 17.15.040 Prohibited signs. From and after September 1, 2006, it is unlawful for any person to maintain, erect or place within the City: 1) A swinging projecting sign; 2) Signs attached to or placed upon a vehicle or trailer parked on private or public property designed to operate as a de facto permanent advertising sign. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during the normal course of business. This does not include automobile for sale signs or signs attached to licensed buses or taxis; 3) Private signs placed in or upon a public right-of-way, except as expressly provided herein; 4) Any sign that constitutes a traffic hazard or detriment to traffic safety because of size, location, movement, content, or method of illumination. Any sign that obstructs the vision of drivers or detracts from the visibility of any official traffic control device or diverts or tends to divert the attention of drivers of moving vehicles away from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians, or which by its glare or by its method of illumination constitutes a hazard to traffic. No sign may use words, phrases, symbols or characters in such a manner as to interfere with, mislead, or confuse the steady and safe flow of traffic; 5) Any sign or advertising structure or supporting structure that is torn, damaged, defaced or destroyed; 6) Signs attached to utility poles, trees, rocks or other natural features; 7) Signs attached to subdivision fences; 8) Signs attached to benches on public rights -of -way; 9) Roof signs, including signs painted directly on a sloped or gabled roof surface; strobe lights, lasers; strings of streamers; and all other signs not otherwise specifically authorized or exempted by this chapter; 10) Off -premises signs except those expressly permitted herein; 1 1) Balloons or inflatables attached, anchored or tethered to a roof of a building. [Ord. 3790 § 3, 2006; Code 1970 § 17.05.040.] 17.15.050 Sign illustrations. To assist in the application of this title, the Community and Economic Development Department shall maintain a brochure of examples provided to illustrate the purpose, design principles and format demonstrating permissible signs allowed in this title to assist in the interpretation and enforcement of the sign code. [Ord. 3790 § 3, 2006; Code 1970 § 17.05.050.] The Pasco Municipal Code is current through Ordinance 4643, passed March 6, 2023. Page 98 of 180 re., aaa Out of Home Advertising Association of America Message Points Most outdoor advertising promotes local goods and services Issue Briefs Small business relies on outdoor advertising to communicate with customers Advertisers who rely on outdoor advertising say they'd lose significant revenue without billboards Small business is the job engine of the economy GpTfl(f EPER Thrills start at the gate. Background Small business depends on outdoor advertising to direct customers to business locations and to drive sales. Many of these businesses do not have affordable, effective alternatives to outdoor advertising. Three out of four businesses using billboards say they'd lose sales if they lost their billboards. Of those who expected losses, they estimated decreased sales of 18%, according to a survey conducted by Villanova Marketing Professor Charles R. Taylor. The top OOH advertisers are 65 percent local and 35 percent national (businesses and services.) One of the hallmarks of the OOH client base is a broad range of customers Four out five of these local businesses are considered "Small and Medium Sized Enterprises" (SMEs), with fewer than 50 employees. The typical business relying on billboard advertising employs 35 workers. Economic Impact: An OAAA Issue Brief Page 99 of 180 Nationwide, more than 300,000 unique local businesses use billboard advertising; these local businesses employ more than 9 million people. While billboard companies directly employ approximately 17,744 workers. Top Types of Billboard Advertisers by category in 2018 1. Miscellaneous Local Services & Amusements 2. Retail 3. Media & Advertising 4. Restaurants 5. Public Transportation, Hotels & Resorts 6. Financial 7. Government, Politics & Organizations 8. Insurance & Real Estate 9. Schools, Camps & Seminars 10.Automotive Dealers & Services These key segments of the local economy are part of the broad "voice" for outdoor advertising, and form coalitions at the local, state, and national level. The link between travel/tourism and outdoor advertising is strong. One-third of outdoor ads support the travel/tourism industry, a top employer in most states. Travel -generated employment equals 7.5 million jobs in America, according to the U.S. Travel Association. Plus, tens of thousands of landowners benefit from lease payments for billboards located on their property, helping pay property taxes, mortgages, and living expenses. A comprehensive analysis of land parcels in Hillsborough County, FL (Tampa) showed billboards enhance property values. Resou rces The Importance of the Availability of Billboards to Rural Business," Charles R. Taylor, Professor of Marketing, Villanova University; testimony to the U.S. House Small Business Subcommittee on Rural Enterprise, Agriculture and Technology, May 15, 2003 Crews, Carl, Field Marketing Manager, Bob Evans Farms, Inc, letter to OAAA regarding impact of lost billboards, September 27, 2002 The Economics of Outdoor Advertising in Local and State Economies," iMapData, Inc., Washington, DC, 2001 Economic Impact: An OAAA Issue Brief Page 100 of 180 Congressional testimony of Charles R. Taylor, Professor of Marketing, Villanova University, "The Importance of the Availability of Billboards to Rural Business" (House Small Business Subcommittee on Rural Enterprise, Agriculture and Technology, May 15, 2003) Chairman Graves, distinguished members of the Committee, thank you for inviting me to testify today. Over the past fourteen years I have conducted research on outdoor advertising, its regulation, and its impact on businesses. Today, as you requested, I will provide you with an overview of how small businesses use billboards, along with an assessment of the economic impact of billboards on small businesses, particularly those in rural areas. I will also offer my views on the potential impacts on businesses in rural areas not having access to billboards. The Importance of the Availability of Billboards to Rural Businesses Billboards are a medium that serves a disproportionately large number of small businesses, most of which are local retail and service businesses. Due to the effectiveness of billboards allowing businesses to communicate directions and other types of information to potential consumers at a reasonable cost, they are especially important to small businesses located in rural areas. In the remainder of this testimony, I will detail the reasons why billboards are so important to small businesses, especially those in rural areas. In addition, I will provide my thoughts about billboards and how they are used by businesses. In rural areas, billboards predominately serve small, local businesses A large-scale study of three rural towns conducted in 1995 showed conclusively that a majority of billboards in small town America serve small local businesses (Lilley and DeFranco 1995). Fully 90 percent of the billboards in the study contained advertising for locally owned businesses, and almost all of these (more than 96%) were for small businesses. Content analysis studies (Taylor and Taylor 1994; Taylor 1997) verify that a large majority of billboard advertisers in rural areas are small, locally owned businesses. Thus, when we talk about billboards in rural areas, we are talking about an advertising medium that is dominated by small local businesses. Billboards provide bottom line value to many small businesses Access to billboards is vitally important to the ability of many small, local businesses to compete and stay in business. For small businesses in general, billboards area low-cost medium that is especially effective in providing high reach and frequency in a localized trade area. Here, reach is defined as the number of people in the target audience exposed to the message, while frequency refers to the average number of times a member of the target audience is exposed to the message. For businesses that serve local areas or draw their business from motorists passing through an area, billboards allow large numbers of potential patrons to be exposed to the message at a reasonable cost. As I will discuss in more detail, for many businesses in rural areas, billboards may be the only viable media alternative. Economic Impact: An OAAA Issue Brief Page 101 of 180 In a recent national survey of billboards that I conducted, the importance of billboards to businesses, and especially to small businesses was very evident (Taylor, 2001; Taylor and Franke 2003). The findings of this large-scale sample of billboard users indicate that 82.2% of small businesses that use billboards would lose sales if they did not have access to billboards. The average predicted loss of sales was over 18% (Taylor 2001). Notably, a large majority of businesses in the travel -related retail category that consisted of hotels/motels, resorts, restaurants, gas stations and other businesses that rely on travelers predicted an average loss of 20%. My national survey findings are also supported by follow-up analyses of samples from Texas and Missouri. In Texas, 81.5% of all billboard users (both large and small combined) reported that they would lose sales if billboards were banned, with an average estimated revenue loss of over 20%. In Missouri, 78% of billboard users as a whole indicated that they would lose sales, with an average loss of sales of 18%. In both states, an even higher proportion of small businesses indicated that they would lose sales if billboards were banned. Given the high average level of losses reported, it is clear that many small businesses need their billboards in order to survive, as many businesses do not have margins of more than 18%. Small Businesses Use Billboards to Provide Information to Consumers For small businesses, the most common purpose of billboard advertising is to provide directional information to a place of business for passersby. A 1994 content analysis study of Michigan billboards that I conducted showed that nearly three quarters 73%) of billboards contain directional information to a place of business (e.g., "7 miles ahead; "turn left at light"). An even higher proportion of billboards located in rural areas contained directional information. In the same study, it was shown that 74.2% of billboards in rural areas provide information that is potentially useful to tourists (Taylor 1994). In addition to directions, billboards are used to communicate a wide variety of other types of information to consumers, such as types of products and services offered, indications of quality, and information on price, convenience, etc. These types of information help the business to distinguish itself in a way that appeals to the consumer. The ability to communicate information to the consumer on the product or service offering is essential to small businesses in attracting consumers and billboards often provide the only cost effective option in rural areas for reasons that I will now discuss. Motorist Information Panels on Highway Right of Ways are Not an Adequate Alternative to Billboards My content analysis study of Michigan billboards found that billboards in rural areas tend to provide more information to consumers and that billboards for companies in the travel -related retail category (e.g., hotels, resorts, attractions, restaurants, gas stations) contain more different types of information than do other product categories (Taylor and Taylor 1994). The need for small businesses in rural areas to Economic Impact: An OAAA Issue Brief Page 102 of 180 communicate directional information as well as other types of information to consumers is clear. While motorist information panels can be designed to provide limited directional information, the size of these panels generally makes them ineffective in communicating such information. In terms of other types of information, state-owned motorist information panels are completely inadequate for getting the message across to the consumer. For example, a business wanting to communicate the quality of its product offering might include cues such as "AAA approved," "AARP," or "100% beef' on a billboard, something it cannot do on a motorist information panel. Another example would be providing information on convenience of the product or service, such as "Open 24 hours," "Open Sunday" or "Open 7 days." It may also be critical for some businesses to provide more nuanced information on their product or service offering such as a combination gas station and mini -mart stating that it offers "soda and sandwiches" has handicapped accessible facilities (indicated by a symbol), or has a "Car Wash." Since motorist information panels do not allow these types if information to be communicated, they are not a viable substitute for billboards as they only provide identification information. For many stores or other businesses in hard to find locations, these panels cannot even provide adequate directional information. Other Media and On -Premise Signs are Also Not Adequate Substitutes for Billboards It has sometimes been argued by critics of billboards that businesses have readily available alternatives. My research indicates that this is simply not the case, and that small businesses know it. When surveyed, billboard users in general, and small businesses in particular, do not rate other media such as television, radio, newspapers, magazines, flyers, or the internet as substitutes for billboards. They also do not view on -premise signs as acceptable substitutes for billboards. There are clear reasons why other media are not good substitutes for billboards. Traditional mass media such as newspapers, radio and television are much more expensive than billboards, both in raw dollars and in terms of cost per thousand exposures. These media are associated with higher waste circulation, meaning that many people who are exposed to the ad are not potential customers. Flyers are also an inadequate alternative to billboards in that they are associated with lower attention level, are ineffective in reaching those passing through an area (as are television, radio, and newspapers) and are also normally more expensive that billboards. In fact, commonly available media planning measures consistently show that billboards are the lowest cost medium on a cost per thousand exposures basis, both in general and for businesses that serve local trade areas. The internet is also largely ineffective for local retail and service businesses as the internet by its nature is an international medium. Finally, on -premise signs are generally not good substitutes for billboards as their primary function is to identify the business at its site and not to communicate directions from other locations or other types of advertising messages. Economic Impact: An OAAA Issue Brief Page 103 of 180 While it is generally true that small businesses do not see other media as being able to replace billboards, in rural areas it is obvious that there are not good alternatives. The use of mass media in these contexts is a waste of money, and other local media often do not exist. Even if local media do exist, they normally do not reach a sufficient number of people in the target market. Hence, many small businesses in rural areas that do not have access to billboards are put at a distinct disadvantage. There Are Additional Reasons Why Billboards are Valuable to Small Rural Businesses Some additional findings from my 2001 survey of billboard uses shed light on why small businesses believe billboards are valuable. Small businesses rate billboards higher than other advertising media on several dimensions. When asked about various media in terms of their ability to allow the business to communicate information at a price the company can afford, billboards were rated higher than other media (local and national television, local and regional newspapers, radio, magazines, flyers, and the internet) by a wide margin. Similarly, the small businesses rated billboards substantially higher than all other advertising media in terms of both their ability to bring customers and to increase sales. Notably, small businesses also rated billboards high in terms of their ability to reach the company's trade area. Thus, it is clear that many small businesses understand that billboards are an advertising medium that provides them with unique benefits. To summarize, small businesses see billboards as an affordable medium that allows them to communicate information to potential customers and is effective at bringing in business because it helps customers. A Large Majority of the Public Understands the Benefits of Billboards Critics of the billboard industry have sometimes argued that billboards should be more heavily regulated because many in the public are opposed to them. In fact, a recent analysis of 24 major studies of public opinion conducted over the last 30 years shows that a large majority of the American public understands the benefits of billboards (Taylor 2003). In fact, 85% of Americans believe billboards are useful to travelers, 82% agree that billboards help business to attract customers, and 80% believe that billboards create jobs. Conversely, only a minority of the public (21%) favors bans on billboards. Hence, it is fair to say that the public is not opposed to billboards, especially when they are being used by businesses to communicate useful information to consumers. Therefore, it is likely that most of the public would not be opposed to some billboards being erected in lawful locations in rural areas. Conclusion Many rural businesses need access to billboards to be able to attract customers and compete. Any situation in which billboards are removed from rural areas when they were previously being used by small local businesses is very likely to be harmful to those businesses. In fact, lack of access to billboards would threaten the very existence if numerous businesses in rural areas. Moreover, lack of access to Economic Impact: An OAAA Issue Brief Page 104 of 180 billboards in rural areas stunts the possibility of new retail and service businesses being created. For these reasons, I believe that it is important for Congress to ensure that small businesses in rural areas that need access to billboards get such access. Economic Impact: An OAAA Issue Brief Page 105 of 180 Bou elms FARMS' September 27, 2002 OAAA Kenneth Klein 1850 M Street, N.W. Suite 1040 Washington, D.C. 20036 RE: Billboards Dear Mr. Klein Bob Evans Farms, Inc. owns and operates 500 full service family restaurants in 22 states. Nearly 80% of these restaurants are located on Interstate or major US Highways and consequently require outdoor directional advertising. Our use of outdoor billboards for nearly 40 years has confirmed the importance and cost effectiveness of this advertising medium. Billboards drive sales and generate customer awareness. Specifically they identify each restaurant location to the traveling customer. We know they work because we put each billboard to a scrutinizing evaluation each year. In some cases we test the billboards effectiveness by temporarily covering the advertising copy. The result being an immediate loss of at least 10% in sales. In other cases we have lost billboards due to storms or highway construction and have suffered a loss in sales until a replacement board could be found. Bob Evans Farms, Inc. has a workforce of more than 40,000 employees and continues to grow. We have for the past several years been adding 30 new restaurants per year. Over the 40+ years that we have been in business we have had to close a few restaurants due to performance It has never been easy telling employees the bad news. In terms of sales, profit and the future growth of our company we need the effectiveness of outdoor billboards. In conclusion, the most compelling truth about the need for billboards is to have our traveling customers call us and tell us we need them. Our response has been immediate and fortunate. do hope that billboards will continue to be viable. SSinin__ce rely, l r'`-' Carl Crews Field Marketing Manager BOB EVANS FARMS, INC. CC/S M 3776 South High Street - Columbus, OH 43207-0863 Tel (614) 491.2225 - Fax (614) 492.4949 www.bobevaue com Economic Impact: An OAAA Issue Brief Page 106 of 180 The Economics of Outdoor Advertising in Local and State Economies," iMapData, Inc., Washington, DC, 2001 Economic analyses consistently show that most outdoor advertisements are for local businesses, and that those businesses employ a significant percentage of the local workforce. For example, more than 1,000 local businesses use billboards in San Antonio: those companies employ nearly 45,000 workers. Studies conducted by iMapData Research, Inc. compiled these specific findings: i.) Buffalo, NY 79 percent of billboard ads in Buffalo are for local businesses; 76 percent of local advertisers are small businesses that cannot afford other forms of advertising; 377 local businesses using billboard ads employ 16,080 workers in the Buffalo area (Erie and Niagara counties). ii.) State of Delaware 79 percent of billboard ads in Delaware are for local businesses; 83 percent of local advertisers are small businesses that cannot afford other forms of advertising; 595 local businesses using billboard ads employ 22,120 workers in state. iii.) San Antonio, TX 74 percent of the billboard ads in San Antonio are for local businesses; 79 percent of local advertisers are small businesses that cannot afford other forms of advertising; 1,064 local businesses using billboard ads employ 44,956 workers in San Antonio. iv.) San Francisco, CA 70 percent of the billboard ads in San Francisco are for local businesses; 84 percent of local advertisers are small businesses that cannot afford other forms of advertising; 334 local businesses using billboard ads employ 16,926 workers in San Francisco. v.) Tampa, FL 74 percent of the billboard ads in Tampa are for local businesses; 79 percent of local advertisers are small businesses that cannot afford other forms of advertising; 911 local businesses using billboard ads employ 39,092 workers in Tampa. Economic Impact: An OAAA Issue Brief Page 107 of 180 CA 2024-002 Billboards •In 2006, Ordinance 3790 prohibited the replacement, substantial repair, and construction of new billboards. •Following the 2015 Supreme Court decision in Reed v. Town of Gilbert, most content regulation of commercial sign copy was considered to be eliminated. •City of Austin v. Reagan National Advertising reaffirmed ability of municipalities to regulate based on locality of signs (ie digital signs can be allowed on premise, yet prohibited off premise) •Minor updates to Pasco Sign Code (2023), no substantial updates since 2016. •At the February 5, 2024, City Council Meeting, Meadow Outdoor Advertising proposed a code amendment (CA 2024-002) to allow billboards, including digital billboards. • July 8, 2024, City Council Workshop, proposed billboard regulation was discussed. Pa g e 1 0 8 o f 1 8 0 Select Eastern Washington Municipalities & Billboard Regulations City Distance from Pasco Vehicle miles ~City Center to City Center Population 2020 Census Billboard Regulations Pasco /77,315 New billboards prohibited Kennewick 4 83,921 New billboards prohibited Richland 10 60,560 New billboards prohibited Walla Walla 48 34,060 New billboards prohibited Yakima 83 96,968 Billboards Allowed in all Industrial districts, and in Commercial districts: Central Business, General Commercial, Regional Development Spokane 136 228,989 New billboards prohibited Relocation of existing billboards allowed Pa g e 1 0 9 o f 1 8 0 Proposed Changes to PMC Title 17 •Revise Definition of Billboard, add definition of Digital Billboard to Pasco Municipal Code (PMC) 17.10.010 “Sign – billboard” means a an off-premise sign or off-premise sign structure supported by one or more uprights and braces in the ground or on a building roof erected entirely upon private property, upon which general advertising matter is placed, usually by the poster method, erected entirely upon private property. “Sign – billboard, digital” means an off-premise sign or off-premise sign structure supported by one or more uprights and braces in the ground, erected entirely upon private property, upon which general advertising messages are changed by any electronic process or remote control, provided that the change from one message to another message is no more frequent than once every eight seconds and the actual change process is accomplished in 2 seconds or less. Pa g e 1 1 0 o f 1 8 0 •Remove Billboards from PMC 17.10.040 Prohibited Signs (9) Billboards and product advertising signs; rRoof signs, including signs painted directly on a sloped or gabled roof surface; strobe lights, lasers; strings of streamers; and all other signs not otherwise specifically authorized or exempted by this chapter; •Explicitly Prohibit Billboards in Downtown Pasco Overlay District 25.95.050 Development standards. (2)The following signs shall be prohibited: (a)Billboard signs. Proposed Changes to PMC Title 17, cont. Pa g e 1 1 1 o f 1 8 0 •Add Billboards to PMC 17.15.010 Sign Allowance Table 3 Spacing: the linear distance between signs, or billboard sign structures, in feet. 7 Reserved.Signs visible from Washington State Highways may be subject to the Highway Advertising Control Act of 1971 and require approval by the Washington State Department of Transportation in additional to local approval. Office/commercial districts - O, C-1, C-2, C-3, C-R, BP, I-1, I-2, I-3 Composite allowance - all sign surfaces Permit requirement Material Restrictions Number of signs per lot Allowable Surface Area in sq ft (1) Height in feet (2) Projection over ROW to curb line Spacing in linear feet (3) Visible ground plane/ passage area (4) Setback from adjacent property line Setback from ROW in feet (5) Duration (days) Notes *freestanding billboard sign yes durable 1 250 35 0 500 6 5 0 Maximum 25 billboard sign structures in City. *freestanding digital billboard sign yes durable 1 250 35 0 500 6 5 0 Proposed Changes to PMC Title 17, cont. Pa g e 1 1 2 o f 1 8 0 Pa g e 1 1 3 o f 1 8 0 AGENDA REPORT FOR: City Council August 9, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 8/26/24 FROM: Maria Serra, Director Public Works SUBJECT: Resolution - Supplement No. 4 with PBS Engineering & Environmental, Inc. for Court Street and Road 68 Intersection Improvements (5 minutes) I. REFERENCE(S): Draft Resolution Exhibit A - Professional Service Agreement Supplement No. 4 Professional Service Agreement Supplement No. 3 Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion. III. FISCAL IMPACT: Original Professional Service Agreement (PSA): $165,616.24 PSA Supplement No. 1 Approved: $284,045.37 PSA Supplement No. 2 Approved: No Cost PSA Supplement No. 3 Approved: No Cost Proposed PSA Supplement No. 4: $67,154.56 New PSA Total: $516,816.17 Revenues City of Pasco Funds $1,094,367.00 STBG $2,034,552.00 TIB $1,415,000.00 Total Project Funds $4,543,919.00 IV. HISTORY AND FACTS BRIEF: The original Professional Services Agreement (PSA) with PBS Engineering & Page 114 of 180 Environmental, Inc. was authorized by City Manager on July 15, 2021 with a scope and fee for the design and environmental permitting through 30% plans of the Court Street and Road 68 Intersection Improvements project. The PSA Supplement No. 1 with PBS Engineering & Environmental, Inc. was authorized by Council on February 15, 2022 with additional scope for the design, right-of-way, and construction management. AIR - 2934, Resolution 4148. The PSA Supplement No. 2 with PBS Engineering & Environmental, Inc. was authorized by Public Works Director on December 18, 2023 with no cost change and change to the number of calendar days for completion of the work. The PSA Supplement No. 3 with PBS Engineering & Environmental, Inc. was authorized by Public Works Director on June 20, 2024 with no cost change and change to the number of calendar days for completion of the work and additional construction management services to review material submittals. Original PSA provided the possibility of construction support services. PBS Engineering & Environmental, Inc., total cost for providing Construction Support Services is $67,154.56. Supplement No. 4 will change the PSA fee for PBS Engineering & Environmental, Inc. The Basis of Fee are included within attached Exhibit A. The Scope of Services and schedule from PSA Supplement No. 3 are included within Exhibit B as reference. V. DISCUSSION: Supplement No. 4 addressed the additional fee requested by the City for construction support services for Court Street and Road 68 Intersection Improvements. Staff recommends approval of PSA Supplement No. 4 with PBS Engineering & Environmental, Inc. in the amount of $67,154.56. Page 115 of 180 Resolution – Supplemental No. 4 to Court Street and Road 68 Intersection Improvements Agreement - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PBS ENGINEERING & ENVIRONMENTAL, INC. FOR THE COURT STREET & ROAD 68 INTERSECTION IMPROVEMENTS PROJECT. WHEREAS, the City of Pasco (City) and PBS Engineering & Environmental, Inc. entered into a Local Agency A&E Professional Services, Cost Plus Fixed Fee Consultant Agreement, approved by the City Manager on July 15, 2021, to provide services up to 30% design with respect to the Court Street & Road 68 Intersection Improvements project; and WHEREAS, the City and PBS Engineering & Environmental, Inc. entered into a Supplemental Agreement No. 1 to the previously executed Professional Services Agreement, approved by City Council on February 12, 2022, to include additional design engineering and right-of-way acquisition services to complete the design of the project (scope and fee); and WHEREAS, the City and PBS Engineering & Environmental, Inc. entered into a Supplemental Agreement No. 2, no cost change that was approved by the Public Works Director on December 18, 2023, to the previously executed Professional Services Agreement to include a change to the number of calendar days for completion of the work; and WHEREAS, the City and PBS Engineering & Engineering & Environmental, Inc. entered into a Supplemental Agreement No. 3, no cost change that was approved by the Public Works Director on June 20, 2024, to the previously executed Professional Services Agreement to include a change to the number of calendar days for completion of the work and include additional construction management services to complete the construction of the project (scope); 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 Supplemental Agreement No. 4 with PBS Engineering & Environmental, Inc. for providing an additional $67,154.56 for Construction Management Support Services for said project. 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 PSA Supplemental No. 4 between the City of Pasco and PBS Engineering & Environmental, Inc. 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 PSA Supplemental No. 4 on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Supplemental. Page 116 of 180 Resolution – Supplemental No. 4 to Court Street and Road 68 Intersection Improvements Agreement - 2 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 117 of 180 Supplemental Agreement Number Organization and Address Phone: Original Agreement Number Project Number Execution Date Completion Date Project Title New Maximum Amount Payable Description of Work The Local Agency of desires to supplement the agreement entered in to with and executed on and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: III Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 Page 118 of 180 Exhibit “A” Summary of Payments Basic Agreement Supplement #1 Total Direct Salary Cost Overhead (Including Payroll Additives) Direct Non-Salary Costs Fixed Fee Total DOT Form 140-063 Revised 09/2005 Page 119 of 180 TOTAL PBS Traffic Cultural Right-of-Way SUB BUDGET Task and Description ENG-Prncpl (Jason M.) Engineer VIII (Dustin C.) EngineerVI (Michael B.) Construction II (Nicole B.) Engineer III (Clint N.) Landscape Architect V (Robert P.) Survey V (Alex M.) Administrat or II (Jenna) Expense TOTAL Kittelson RLR UFS TOTAL AMOUNT TASK 1 - PROJECT MANAGEMENT AND ADMINISTRATION 13,872.36 0.00 0.00 0.00 0.00 $13,872.36 Subtask 1.1 Contract Administration, Invoicing, and Progress Reports (Revised)2.00 6.00 9.00 2,820.58 0.00 $2,820.58 Subtask 1.2 Meetings (Revised)8.00 10.00 2.00 2.00 4,166.42 0.00 $4,166.42 Subtask 1.3 Management, Coordination and Direction (Revised)12.00 24.00 6,885.36 0.00 $6,885.36 TASK 2 - SURVEY 0.00 0.00 0.00 0.00 0.00 $0.00 0.00 0.00 $0.00 TASK 3 - GEOTECHNICAL ENGINEERING (RESERVED) TASK 4 - Traffic Engineering (Complete)0.00 0.00 0.00 0.00 0.00 $0.00 0.00 0.00 $0.00 TASK 5: ENVIRONMENTAL REVIEW AND DOCUMENTATION (Complete)0.00 0.00 0.00 0.00 0.00 $0.00 0.00 0.00 $0.00 TASK 6: DESIGN ENGINEERING (Complete)$0.00 0.00 0.00 0.00 0.00 $0.00 0.00 0.00 $0.00 TASK 7: UTILITY COORDINATION (Complete)0.00 0.00 0.00 0.00 0.00 $0.00 0.00 0.00 $0.00 TASK 8: PUBLIC INVOLVEMENT (Complete)0.00 0.00 0.00 0.00 0.00 $0.00 0.00 0.00 $0.00 TASK 9: RIGHT OF WAY (Complete)0.00 0.00 0.00 0.00 0.00 $0.00 0.00 0.00 $0.00 TASK 12: CONSTRUCTION MANAGEMENT 43,282.20 0.00 0.00 0.00 0.00 $43,282.20 Subtask 10.1– Bid Support (Complete)0.00 0.00 $0.00 Subtask 10.2– Construction Support (New)120.00 60.00 100.00 43,282.20 0.00 $43,282.20 0.00 0.00 $0.00 City Management Reserve 10,000.00 0.00 0.00 0.00 0.00 $10,000.00 Contingent Management Reserve 10,000.00 10,000.00 0.00 $10,000.00 0.00 $0.00 TOTAL HOURS 2.00 26.00 154.00 60.00 100.00 2.00 2.00 9.00 MAX HOURLY RATES 308.18 226.34 173.72 152.63 132.78 161.48 147.77 94.02 TOTAL DOLLARS 616.36$ 5,884.84$ 26,752.88$ 9,157.80$ 13,278.00$ 322.96$ 295.54$ 846.18$ 10,000.00$ 67,154.56$ -$ -$ -$ -$ $67,154.56 EXHIBIT B-2 Court Street and Road 68 - Construction Support Amendment #4 SUBCONSULTANTSPBS Engineering and Environmental (Engineering/Management) Pa g e 1 2 0 o f 1 8 0 Page 121 of 180 Exhibit “A” Summary of Payments Basic Agreement Supplement #1 Total Direct Salary Cost Overhead (Including Payroll Additives) Direct Non-Salary Costs Fixed Fee Total DOT Form 140-063 Revised 09/2005 Page 122 of 180 1 November 2021 PR71749.000 City of Pasco, Washington Scope of Work: Court Street & Road 68 Intersection Improvements – Amendment #3 Construction Support City of Pasco Project #19043 Fed Aid No. STPUL-9911(012) PBS Engineering and Environmental Inc. (PBS) and their Consultant team have been selected by the City of Pasco (City) to perform traffic and design engineering, environmental permitting, public involvement, right-of- way (ROW), and other related professional services for the Court Street and Road 68 Intersection Improvements Project (Project). Professional services will include evaluation of roundabout options, evaluation of road section within the intersection, traffic engineering, National Environmental Policy Act (NEPA) environmental process and permits, and utility coordination. The project team currently includes: · Kittelson & Associates, Inc. (Kittelson) – traffic analysis and design (Limited Support) · Reiss-Landreau Research – cultural resources investigation (Subcontract Closed) · Universal Field Services – ROW process (Subcontract Closed) The Project is funded with both local and federal dollars in support of design, ROW, and construction. This amendment only covers a contract time extension through December 31, 2024 to include construction engineering support. I. Project Description and Background Road 68 is a north–south principal arterial that is used heavily to move traffic within the City and Franklin County. Similarly, Court Street is a west–east principal arterial, providing direct access between residential areas and major commercial areas of the City. Development along Road 68 has increased usage of this intersection. Southbound Road 68 traffic continuing south on Road 68 or turning east onto Court Street must navigate multiple lanes of cross-traffic along Court Street. A significant number of traffic accidents have occurred at this intersection, and the City has received grant funding to complete improvements. The intersection was noted in the 2020 Local Road Safety Plan as a prioritized roadway location of risk based on frequency and attributes of collisions. The City has received funding from the Washington State Department of Transportation (WSDOT) through the Federal Highway Administration (FHWA) Surface Transportation Block Grant Program (STBG) to augment local funds in support of design, permitting, and securing the necessary property rights for the project. An alternatives analysis and intersection-type evaluation was completed to identify the appropriate intersection improvement. The project limits are assumed to extend along W Court Street from N 66 Place to Hilbert Lane and along Road 68, from approximately 350 feet to the north and 350 feet to the south, depending on the intersection that will ultimately be selected. II. Project Assumptions (Revised) · This amendment is being developed to modify the scope to account for additional construction engineering support for construction in 2024. Page 123 of 180 Scope of Work: Court Street & Road 68 Intersection Improvements – Amendment #2 City of Pasco 2 May 2024 PR71749.000 · Scope description herein will be up to and not to exceed remaining budget without an amendment to increase budget. · Project advertised Spring 2024. · Project is anticipated to be constructed in 2024 with final invoice anticipated no later than December 31, 2024. · Meetings are assumed virtual within this scope of work. III. Scope of Work Task 1: Project Management and Administration (No Change) Task 2: Surveying and Preliminary Base Map for Design (Complete) Task 3: Geotechnical Engineering (RESERVED) Task 4: Traffic Engineering (Complete) Task 5: Environmental Review and Documentation (Complete) Task 6: Design Engineering (Complete) Task 7: Utility Coordination (Complete) Task 8: Public Involvement (Complete) Task 9: ROW Activities (Complete) Task 10: Construction Management Bidding Support (Complete) Construction Support (New) The Consultant shall support the City with construction engineering services following contractor award of the project. The Consultant during the remainder of the project will provide limited engineering services and construction support to the design project. Due to limited funding construction support services listed below will be completed to the extent possible based on remaining funding. If efforts are exceeded or major design changes are required to address an RFI, then an amendment will be needed to support the added services. Material Submittals PBS will receive and review material submittals (Manufacturer’s Certificates of Compliance, Certificates of Material Origin, cut sheets, Qualified Product List sheets, etc.), construction sequence schedules, shop drawings, and other items required from the Contractor to ensure compliance with contract requirements. PBS will review the following submittals, including but not limited to: material-specific submittals, HMA mix designs, landscape items, and others required by construction contract specifications. PBS will receive, review, and maintain material submittals. Upon completion of review, PBS will provide and submit approved submittals to the City of appropriate approval requirements. Page 124 of 180 Scope of Work: Court Street & Road 68 Intersection Improvements – Amendment #2 City of Pasco 3 May 2024 PR71749.000 PBS will provide and maintain the Record of Materials (ROM) log per City template. PBS will provide the ROM to the City prior to the Pre-construction Meeting. Responses to Questions and Change Orders PBS will assist the City in response to requests for information (RFI) by the Contractor and provide supplemental information as needed to maintain the progress of the work. If field adjustments are required, as a result of a change in conditions or a desired change by the City, PBS will prepare necessary change order documents and plan revisions for approval by City staff. PBS will provide the City with draft change order documents for review, approval, and issuance to the Contractor. PBS’ responsibilities will include the following: · PBS will assist the City with addressing construction questions and RFIs from the Contractor. · PBS will assist the City with processing RFIs from the Contractor. · PBS will assist the City with preparing change orders and provide these to the City for approval and issuance to the Contractor. · PBS will prepare minor design changes associated with change orders (including exhibits) during the construction process. · PBS will prepare and maintain ROM and provide this to the City and Contractor. PBS’ Exclusions: · Approval of change order paperwork to Contractor. · No site visits will be conducted by PBS staff. · As-built drawings will not be prepared by PBS staff. · PBS will not provide survey verification or survey field support to City. Assumptions: · Attend up to 5 city led meetings as described in subtask 1.2, when requested. · Up to 30 material submittals based on current engineer’s estimate (4 hrs max each) · Address up to 6 RFI’s (4 max hrs each) · Assist with up to 2 change orders (6 hrs max each) , when requested. · Prepare up to 2 minor design changes (12 hrs max each) , when requested. Deliverables: · Copies of ROM in City Template · Copies of approved material submittals · Copies of written communications with the Contractor · Copies of RFIs to the City staff · Plan sheets for minor design changes · Draft and final design exception forms and supporting documentation Technical Support Page 125 of 180 Scope of Work: Court Street & Road 68 Intersection Improvements – Amendment #2 City of Pasco 4 May 2024 PR71749.000 PBS will assist the city if the project faces federal or state auditing. PBS will provide documentation and responses as need to help with the auditing process. IV. City Deliverables to the Client (No change) City-Provided Information Deliverables: · City will provide the ROM template to the client. Page 126 of 180 Pasco City Council Workshop Meeting August 26, 2024 Pa g e 1 2 7 o f 1 8 0 Court St and Road 68 Intersection Improvements PROJECT SCOPE •Roundabout •Bike lanes •Sidewalks •Two-way-left-turn lane •Curb Ramps/Driveways •Addresses 2020 Local Road Safety Plan Pa g e 1 2 8 o f 1 8 0 Court St and Road 68 Intersection Improvements Facing Northeast PROPOSED CONFIGURATION Pa g e 1 2 9 o f 1 8 0 Court St and Road 68 Intersection Improvements Professional Service Agreement (PSA) with PBS Engineering & Environmental, Inc 30% Design and Environmental Services165,616.24Original PSA Design, Right-of-Way Services, and Added Fee284,045.37PSA Supplement 1 Extend PSA End DateNo Cost ChangePSA Supplement 2 Extend PSA End Date Construction Management Support Services No Cost ChangePSA Supplement 3 Additional fee for Construction Management Support Services 67,154.56PSA Supplement 4 516,816.17PSA TOTAL Pa g e 1 3 0 o f 1 8 0 Court St and Road 68 Intersection Improvements FUNDING 2,034,552Federal STBG Grant 1,415,000State TIB Grant 1,094,367Local funds 4,543,919TOTAL Expenditures 650,661.61Preliminary Engineering (PE) 271,589.09Right-of-Way (RW) 3,353,036.17Construction (CN) 4,275,286.87TOTAL Staff recommends approval of change in fee for construction management support services by PBS Engineering & Environmental, Inc. Increasing the PSA fee amount by $67,154.56. Pa g e 1 3 1 o f 1 8 0 Questions? Pa g e 1 3 2 o f 1 8 0 AGENDA REPORT FOR: City Council June 5, 2024 TO: Adam Lincoln City Council Workshop Meeting: 8/26/24 FROM: Kevin Crowley, Fire Chief Fire Department SUBJECT: State the with Agreement Washington - Resolution Interlocal Department of Natural Resources for Forestland Response (5 minutes) I. REFERENCE(S): Resolution Proposed WA ST Department of Natural Resources (DNR) Agreement #93- 107063. II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None, offset of services between participating agencies. IV. HISTORY AND FACTS BRIEF: After the 2015 fire season, the Washington Department of Natural Resources was criticized for its lack of ability to mobilize sufficient numbers of local government resources and reliance on other states and foreign countries to aid in fire suppression. V. DISCUSSION: In past years, the Pasco Fire Department has not been a very active participant in large wildfire responses within Washington State. During the last 2-3 years, members have become sufficiently trained to provide large incident management staffing. These qualifications are important to the City since they can be applied locally in the event of a major incident, such as a large hazardous materials incident. However, the opportunities to practice these skills during a major incident within the City are rare and it is necessary for our staff to be able to attend large wildfire incidents in order to maintain those Page 133 of 180 qualifications. This Interlocal Agreement, with the Department of Natural Resources (DNR), provides the mechanism for participation on large fires on state protected lands while providing the total cost of compensation (TCC) back to the City assuring that we are able to maintain our staffing levels without incurring any additional costs. Page 134 of 180 Resolution - WA ST DNR ILA - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERAGENCY FORESTLAND RESPONSE AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF PASCO FOR FIRE PROTECTION 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, Washington State Department of Natural Resources (DNR) and the City of Pasco (City) determined a need to provide mutual assistance and cooperation to control and suppress wildland fires; and WHEREAS, the purpose of this Agreement is to (1) provide for mutual assistance and cooperation in the control and suppression of forestland fire to an area within the jurisdiction of DNR and located in, or adjacent to, the City and to contract for the DNR to assist in fire protection services on forestland within City’s jurisdiction; and (2) dispatch and pay for fire service resources outside the fire service City’s jurisdictional boundaries for wildfire and prescribed (RX) fire dispatch; 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 interagency forestland response agreement for wildfire suppression with the Washington State Department of Natural Resources. 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 Interagency Forestland Response Agreement between Washington State Department of Natural Resources and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. 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. Page 135 of 180 Resolution - WA ST DNR ILA - 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 136 of 180 Agreement No. 93-107063 Page 1 of 12 Form update date: 12/18/23 FORESTLAND RESPONSE AGREEMENT DEPARTMENT OF NATURAL RESOURCES (DNR) NO. 93-107063 PI: 221,222,223 Funding Source: State Grant Funded: ☐ Yes ☒ No Procurement method: : ☒ Exempt, Department of Enterprise Services, Sole Source Contract Policy No. POL-DES-140-00, Section 5, Item 2, RCW 39.26.125(10) This Agreement is entered into between the state of Washington, Department of Natural Resources, Southeast Region, hereinafter referred to as “DNR or AGENCY”, and the below named Fire Protection District/Department, hereinafter referred to as District/Department.” City of Pasco 4920 W Court Ctreet Pasco, WA 99301 Phone: 509-545-3426 Email: crowleyk@pasco-wa-gov Statewide Vendor # (SWV): 0007164 Authority: This Agreement is entered into by DNR under the authority of RCW 76.04.015, RCW 76.04.135 and RCW 76.04.610(3); and by the District/Department under the authority of RCW 52.12.031, RCW 52.12.125 and RCW 35.21.010; and DNR and District/Department in conformity with RCW 39.34, the Interlocal Cooperation Act. In consideration of the terms, conditions and covenants contained herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows: 1.Purpose: The purpose of this Agreement is to (1) provide for mutual assistance and cooperation in the control and suppression of forestland fire and therefore to contract for the District/Department to provide fire protection services to an area within the jurisdiction of DNR and located in, or adjacent to, the District/Department and to contract for the DNR to assist in fire protection services on forestland within District/Department jurisdiction; and (2) dispatch and pay for fire service resources outside the fire service Page 137 of 180 Agreement No. 93-107063 Page 2 of 12 Form update date: 12/18/23 District/Department jurisdictional boundaries for wildfire and prescribed (RX) fire dispatch. 2. Scope: This Agreement pertains to forestland fire incidents within or adjacent to the District/Department boundaries and to District/Department resources ordered through the DNR Region or Division for dispatch outside of District/Department boundaries for support provided by DNR as outlined in Attachment A – Operational Guidelines for Resources ordered through the DNR Region or Division for dispatch outside of District/Department boundaries. 3. Term. The term of this agreement is 4/8/2024, or date of execution, whichever is later, through 12/31/2028. 4. Jurisdictional Responsibility: Within or adjacent to the District/Department boundaries, the statutory jurisdictional responsibility for fire control on forestland varies. It may be: (1) Sole DNR Jurisdiction: Land subject to Forest Fire Protection Assessment and District/Department is NOT collecting fire protection levy (2) Sole District/Department Jurisdiction: Land subject to District/Department fire protection levy and not subject to Forest Fire Protection Assessment. (3) Joint Jurisdiction: Land subject to Forest Fire Protection Assessment and the District/Department is collecting fire protection levy. 5. Mutual Aid Fire Incident Response: (1) Sole DNR Jurisdiction: In the event of a fire emergency in a sole DNR jurisdiction area, the DNR will respond. The District/Department may respond to provide immediate control action, minimize fire loss, and thereby indirectly protect its own jurisdiction area. DNR may request response from the District/Department to gain timely initial attack and control action, or to supplement DNR resources. (2) Sole District/Department Jurisdiction: In the event of a fire emergency in a sole District/Department jurisdiction area, the District/Department will respond. DNR may respond to provide immediate control action, minimize fire loss, and thereby indirectly protect its own jurisdiction area. The District/Department may request that DNR provide supplemental resources for fire emergency operations and support. (3) Joint Jurisdiction: In the event of a fire emergency in a joint jurisdiction area, both DNR and the District/Department will respond, subject to the availability of resources. 6. Off-Season Incidents: For this Agreement, no incident will be considered off-season. Fire season will be January 1-December 31 each year. Page 138 of 180 Agreement No. 93-107063 Page 3 of 12 Form update date: 12/18/23 7. Command: (1) Sole DNR Jurisdiction Incidents: When the District/Department is the first arriving agency, the District/Department on-site initial responders shall establish command until released by a representative of DNR. (2) Sole District/Department Jurisdictional Incidents: When DNR is the first arriving agency, the DNR on-site initial responders shall establish command until released by a representative of the District/Department. (3) Joint Jurisdiction Incidents: The first arriving agency initial responders shall establish command, and, upon the arrival of the other agency, unified command will be established and used for incident management. 8. Fire Control and Suppression Definitions: (1) Forestland: As the term is defined by RCW 76.04.005. (2) Ordering: Prior to the arrival of DNR at the incident, the initial attack incident commander may order special resources through DNR. That decision shall be documented, and payment authorized (see Section 11 and 12 of this Agreement) by DNR prior to the mobilization of special resources. (3) Special Resources: Air resources, dozers, heavy equipment, or other resources deemed necessary to contain and control the fire. 9. Operation Guidelines: (1) Forestland Response: Representatives of the District/Department and DNR may mutually develop operation guidelines that provide principles, direction and guidance for the conduct of fire control operations related to forest land response. The operation guidelines shall be reviewed at least annually and revised as necessary to achieve cooperation and understanding. (2) DNR Dispatch: See Attachment A - Operation Guidelines for resources ordered through the DNR Region or Division for dispatch outside of the District/Department jurisdictional boundaries; which is incorporated by reference herein. (3) Prescribed (RX) Fire Dispatch: See Attachment A – Operational Guidelines for resources ordered through the DNR Region or Division for dispatch outside of the District/Department jurisdictional boundaries; which is incorporated by reference herein. The guidelines for Fire Dispatch are the same, whether that be for a Wildland Fire Incident or Prescribed Fire. 10. Fire Investigation: The District/Department and DNR agree to protect the origin area of any fire to the best of its ability. Fires will be jointly investigated when an incident originated in a joint jurisdiction area. A DNR fire investigator may investigate fires Page 139 of 180 Agreement No. 93-107063 Page 4 of 12 Form update date: 12/18/23 originating on, spreading to or threatening land subject to Forest Fire Protection Assessment (i.e., sole DNR or joint jurisdiction areas). 11. Costs: (1) Charges Not Required: One purpose of this Agreement is mutual assistance and cooperation in the control and suppression of fires (see Section 1 - Purpose). In most instances, resource costs will not be charged to the other party. However, there may be circumstances or conditions where the District/Department or DNR desires or is required to charge, or request reimbursement, for resource costs as described in Subsections (2), (3), (4), and (5) below. (2) Sole DNR Jurisdiction: If the District/Department responds, DNR will pay for District/Department personnel and equipment costs outside of mutual aid unless otherwise negotiated. (3) Sole District/Department Jurisdiction: If DNR responds, the District/Department will pay for DNR personnel and equipment costs outside of mutual aid unless otherwise negotiated. (4) Joint Jurisdiction: Initial attack through complete extinguishment of the fire, each party will pay its own costs. (5) DNR Dispatch: If District/Department personnel is dispatched by DNR outside of District/Department jurisdictional boundaries, DNR will pay for District/Department personnel and equipment costs. 12. Cost Reimbursement Procedures: (1) Forestland Response: Provisions within this Agreement for reimbursement of costs related to forest land response are subject to the following conditions: (a) Notice: Prior to costs being incurred as allowed by this Agreement (other than DNR Dispatch), notice of such expenditure must be given to DNR of the requesting agency prior to the expenditure or commitment of funds. (b) Invoice: Any resource provider costs, which are to be billed, must be invoiced within sixty (60) business days of the last date of incurred expense for the incident. (2) DNR Dispatch: Provisions within this Agreement for reimbursement of costs related to DNR dispatch are outlined in Attachment A - Operation Guidelines for resources ordered through the DNR Region or Division for dispatch outside of the District/Department jurisdictional boundaries; which is incorporated by reference herein. 13. Cost Reimbursement Rates: (1) Forestland Response: Page 140 of 180 Agreement No. 93-107063 Page 5 of 12 Form update date: 12/18/23 (a) Equipment costs shall be paid to the resource provider at the DNR Wage and Equipment Rates or as otherwise agreed to in writing by the respective authorized agency representatives. (b) Career/permanent and seasonal personnel costs will be reimbursed to the resource provider at the resource provider’s actual total cost. This will include backfill costs as outlined in the State Mobilization Plan. (2) DNR Dispatch: Cost reimbursement rates related to DNR dispatch are outlined in Attachment A - Operation Guidelines for resources ordered through the DNR Region or Division for dispatch outside of the District/Department boundaries. 14. Insurance: DNR is an agency of the state of Washington and is therefore self-insured under the State’s Self-Insurance Liability Program. The District/Department shall, at all times during the term of this Agreement at its sole cost and expense, buy and maintain insurance of the types and amounts listed below. Failure to buy and maintain the required insurance may result in the termination of the Agreement at DNR’s option. If the District/Department is self-insured, evidence of its status as self-insured will be provided to DNR, and if deemed acceptable by DNR, shall satisfy the insurance requirements specified by this Section. The limits of insurance to be bought and maintained by the District/Department shall not be less than as follows: Minimum Coverage Requirements: These limits may not be sufficient to cover all liability losses and related claim settlement expenses. Purchase of these minimum limits of coverage does not relieve the District/Department from liability for losses and settlement expenses greater than these amounts. DNR shall not be charged for the cost for insurance coverage(s). District/Department is required to purchase insurance for a period of 36 months after completion of this Agreement. This requirement may be satisfied by the continuous purchase of an extended agreement. This requirement may be satisfied by the continuous purchase of an extended reporting period. During the term of the Agreement, District/Department must purchase and maintain the insurance coverage and limits specified below: (1) Commercial General Liability (CGL) Insurance or District/Department Equivalent. District/Department must purchase and maintain CGL on an Insurance Services Office (ISO) form CG 00 01 or equivalent form, covering liability arising from premises, operations, independent contractors, personal injury, products- completed operations, and liability assumed under an insured contract. Such insurance must be provided on an occurrence basis. If insurance is written on a “claims made” basis, the policy shall provide full coverage for prior acts or include a retroactive date that precedes the effective date of this Agreement. Insurance must include liability coverage with limits not less than those specified below: Description Dollar Amount General Aggregate Limit $2,000,000 (Other than products-completed operations) Page 141 of 180 Agreement No. 93-107063 Page 6 of 12 Form update date: 12/18/23 Each Occurrence Limit $2,000,000 (2) Employer's liability ("Stop Gap") Insurance: District/Department shall purchase and maintain employer’s liability insurance and if necessary, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. (3) Business Auto Policy (BAP) Insurance: If activities pursuant to this Agreement involve the use of vehicles, to include FEPP vehicles, the District/Department must purchase and maintain a BAP on an Insurance Services Office (ISO) form CA 00 01 or equivalent form. The Description of Covered Autos must include one or more of the following: a. “Any Auto” (Symbol 1). b. If District/Department-owned personal vehicles are used, the BAP must cover “Owned Autos Only” (Symbol 2). c. If District/Department hires autos, the BAP must cover “Hired Autos Only” (Symbol 8). d. If District/Department employee’s vehicles are used, the BAP must cover “Non- Owned Autos Only” (Symbol 9). Such insurance must be provided on an occurrence basis. The BAP insurance must include liability coverage with limits not less than those specified below. The District/Department is responsible for any deductible. Description Each Accident Bodily Injury and Property Damage $1,000,000 (4) Workers Compensation Insurance or Equivalent: The District/Department shall comply with all state of Washington workers compensation statutes and regulations. Coverage shall be provided for all employees and volunteers of the District/Department and shall include bodily injury (including death) that arises out of or in connection with the performance of this Agreement. 15. Service Limitations. The responses and fire suppression services provided for under this Agreement are intended to be rendered on the same basis as such services are rendered to other areas within the District/Department or DNR jurisdictions and neither party assumes liability for failure to provide services by reason of any circumstances beyond the party’s control. In the event of simultaneous fires or medical aid calls within the areas covered by this Agreement whereby facilities of either party are taxed beyond the party’s ability to render equal protection, the officers and agents of the party shall have sole discretion as to which call shall be answered first. The responding party shall have sole discretion to determine the manner and method of responding to and handling emergencies under this Agreement consistent with Section 7 - Command of this Agreement. 16. Benefits. This agreement is entered into for the benefit of the parties to this agreement only and shall confer no benefits, direct or implied, on any third persons. 17. Renegotiation and Modification: The terms and conditions of this Agreement may be renegotiated at the request of either Party between the dates of January 1 and March 1 of Page 142 of 180 Agreement No. 93-107063 Page 7 of 12 Form update date: 12/18/23 any year. Any modification or amendment of this Agreement must be in writing and must be signed by duly authorized agents of the Parties. 18. Assignment and Delegation: This Agreement, or any right or interest therein, may not be assigned or otherwise transferred by either Party without the prior written consent of the other Party. Any attempted assignment shall be void unless made in strict conformity with this section. Either Party may perform its duty through a delegate or agent but shall not be thereby relieved of any duty to perform or any liability for breach of this Agreement. 19. Remedies: Any remedy exercised by either Party shall not be deemed exclusive and either Party may pursue any and all other remedies available to it under the law. 20. Compliance with Laws: Parties shall comply with all applicable federal, state, and local laws, rules and regulations that govern each component of this Agreement. 21. Non–Waiver: Waiver by either Party of strict performance of any provision of this Agreement shall not act as a waiver of the right of the other Party to require future strict performance of the same provision or any other provision. 22 Harassment. Per RCW 43.01.135, Sexual harassment in the workplace, Agency Contractors hereby have access to DNR Policy PO01-052 Sexual Harassment: https://www.dnr.wa.gov/publications/em_harassment_prevention_policy.pdf 24. Interpretation and Venue: This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington. The venue of any action brought under this Agreement shall be in the Superior Court of Thurston County. 25. Severability: If any provision of this Agreement is held to be invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision(s), and to this end the provisions of this Agreement are declared severable. 26. Termination: This Agreement may be terminated by either Party by the provision of ninety (90) days written notice, provided that neither Party may terminate this Agreement at any time between April 15 and October 15 of any year due to the fire danger during this period. 27. Agreement Managers: DNR AGREEMENT MANAGER Name: Callan Wilkins Title: Cooperator Wildfire Training Coordinator Address: 713 Bowers Rd. City/State/Zip: Ellensburg, WA 98926 Phone: (509) 899-3876 Email: callan.wilkins@dnr.wa.gov Page 143 of 180 Agreement No. 93-107063 Page 8 of 12 Form update date: 12/18/23 DISTRICT/DEPARTMENT AGREEMENT MANAGER Name: Kevin Crowley Title: Fire Chief Address: 4920 W Court St. City/State/Zip: Pasco, WA 99301 Phone: 509-792-4073 Email: crowleyk@pasco-wa-gov This Agreement supersedes all previous agreements. By signature below, the Agencies certify that the individuals listed in this document, as representatives of the Agencies, are authorized to act in their respective areas for matters related to this instrument. IN WITNESS WHEREOF, the parties have executed this Agreement. DISTRICT/DEPARTMENT STATE OF WASHINGTON, DEPARTMENT OF NATURAL RESOURCES Signature Date Signature Date Larry Leach Printed Name Printed Name SE Region Manager (Acting) Title Title DISTRICT/DEPARTMENT Signature Date Printed Name Title DISTRICT/DEPARTMENT Signature Date Printed Name Title DISTRICT/DEPARTMENT Signature Date Printed Name Title Page 144 of 180 Agreement No. 93-107063 Page 9 of 12 Form update date: 12/18/23 Attachment A Operation Guidelines Resources ordered through the DNR Region or Division for Dispatch outside of District/Department jurisdictional boundaries Department of Natural Resources (DNR) agrees to dispatch District/Department resources to incidents outside of the Districts/Department jurisdictional boundaries as needed to meet DNR responsibilities and as approved by the District/Department. Dispatches can include out of the state of Washington. Participation by a District/Department with incidents outside its jurisdiction is voluntary and separate from involvement in State Fire Mobilization. This Agreement extends to all District/Department members: ▪ Washington Fire Service (WFS) paid members which District/Department allow to participate will be paid by the District/Department. DNR will reimburse district/department costs as outlined in this agreement. ▪ Members of Washington Fire Service who are volunteers will need to be hired by the DNR via the DNR casual hire process and paid directly by DNR. This may be completed pre-season or at the time of the incident. Your local DNR Region office will handle the casual hire process. District/Department agrees: 1) All personnel dispatched outside of their jurisdictional boundaries will have a valid Incident Qualification Card (red card) stating current qualifications; and will adhere to qualifications and standards described in NWCG PMS 310-1; 2) To keep equipment and personnel status current in the Interagency Resource Ordering Capability (IROC) by selecting option a. or b. below. List available resources on the following resource list addendum. (Check one): a. With DNR Region approval, DNR Region will give Web-Status rights to IROC for district employees. It is the employee’s responsibility to ensure that their status is accurate. b. DNR Region will status your employees. For this option, you would need to provide your local DNR Region Dispatch with the status of your employees every Monday by 1200 hours. Dispatch would then update their status in IROC for that week (0800 Tuesday to 0800 Tuesday). For dispatches outside of the DNR region, approval from DNR host region fire staff is required. Host region fire staff will coordinate with Wildland Fire Management Division in order to ensure statewide readiness. 3) To notify your local DNR Region of any changes in status of personnel/equipment (i.e.; dispatched/demobilized under State Fire Mobilization, demobilization & ETA home from incidents dispatched thru DNR, etc.); 4) All personnel and equipment dispatched will be paid by the District/Department; (except volunteers will follow payment procedures outlined in their individual agreement and be paid directly by DNR); Page 145 of 180 Agreement No. 93-107063 Page 10 of 12 Form update date: 12/18/23 5) All Equipment and Personnel dispatched under this agreement will arrive at each incident with a copy of their current Forestland Response Agreement. 6) Invoice for personnel and equipment costs billed to DNR will include: a. Original Emergency Fire Time Report (OF-288); hourly wage rate (regular and OT) for personnel hours on the OF-288. This applies to paid district/department staff. Volunteers will be paid directly by DNR. b. Original shift ticket (OF-286) documenting mileage to/from incident as well as mileage incurred on the incident signed by the incident supervisor. c. Copy of Resource Order card. 7) Invoices requesting payment for equipment (engines/tenders) will be submitted to DNR within sixty (60) business days of the last date of the incurred expense for the incident and shall include Original Emergency Equipment Use Invoice Form (OF-286) and shift tickets (OF-297); and 8) Invoices requesting payment for other travel costs (meals, lodging not provided by the incident) must be submitted to DNR within sixty (60) business days of the last date of the incurred expense for the incident. 9) Only utilize agency owned vehicles or procured rental vehicles on the fireline or off-road. DNR agrees to: 1) Assist the District/Department with updating status of IMT members in IROC; 2) Maintain IQS records for District/Department personnel with NWCG PMS 310-1 wildland fire qualifications, if red carded through the DNR; 3) Reimburse District/Department within 30 days of invoice receipt and documentation as required above; 4) Reimburse the Fire Service District/Department at the Total Cost of personnel. This includes, regular time, overtime, and District/Department backfill for that position as outlined in the State Mobilization Plan. The DNR will not pay for muster time, wildland premium pay, or other unspecified pay provisions. Rental vehicles for Off-road use must be procured consistent with the National Emergency Rental Vehicle Blanket Purchase Agreement (NERV). Rental vehicles for non-fire line positions must be rented through alternative sources other than the USFS NERV rental vehicle agreement. Rental vehicle authorization must be documented on the resource order. Please speak with your local DNR Region for more specific information. Page 146 of 180 Agreement No. 93-107063 Page 11 of 12 Form update date: 12/18/23 DISTRICT/DEPARMENT RESOURCE LIST OVERHEAD AND EQUIPMENT ADDENDUM DNR will dispatch and process invoices for the following fire district members and equipment when dispatched by DNR outside of their fire district. Overhead Resources Name Career or Volunteer Backfill Required Position/Qualifications Team Affiliation or Single Resource 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Page 147 of 180 Agreement No. 93-107063 Page 12 of 12 Form update date: 12/18/23 DISTRICT/DEPARMENT RESOURCE LIST OVERHEAD AND EQUIPMENT ADDENDUM DNR will dispatch and process invoices for the following fire district members and equipment when dispatched by DNR outside of their fire district. Equipment Resources Rate / Negotiated Rate* 1 2 3 4 5 6 7 8 9 10 * The negotiated rate must be agreed upon between the signing parties prior to dispatch. CONTACT INFORMATION: Page 148 of 180 AGENDA REPORT FOR: City Council August 21, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/26/24 FROM: Kevin Crowley, Fire Chief Fire Department SUBJECT: Resolution - Interlocal Agreement with the U.S. Fish and Wildlife Service for Fire Protection (5 minutes) I. REFERENCE(S): Resolution Cooperative Fire Protection Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion. III. FISCAL IMPACT: None - Offset of services between participating agencies. IV. HISTORY AND FACTS BRIEF: The City of Pasco has had past interlocal agreements with the U.S. Fish and Wildlife Service to provide and receive mutual and automatic aid assistance. This agreement will continue that relationship and service and will cover the Central Washington National Wildlife Refuge Complex and Mid-Columbia River National Wildlife Complex. V. DISCUSSION: The intent of this interlocal agreement is to provide services and allow regional resources to suppress and control wildland fires more effectively, while minimizing the loss of natural resources. This agreement is consistent with other mutual and automatic aid agreements and improves the efficiency by facilitating the coordination and exchange of personnel, equipment, supplies, and services. Page 149 of 180 Resolution - U.S. Fish & Wildlife Service ILA - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE FIRE PROTECTION AGREEMENT BETWEEN THE UNITED STATES FISH AND WILDLIFE SERVICE AND THE CITY OF PASCO FOR FIRE PROTECTION 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 or of the United States through the execution of an interlocal cooperative or interagency agreement; and WHEREAS, the U.S. Fish and Wildlife Service (USFW Service) and the City of Pasco (City) have wildland fire protection responsibilities upon lands of their respective jurisdiction and limited fire protection resource; and WHEREAS, the USFW Service is the jurisdictional agency responsible for fire management on USFW Service lands; and WHEREAS, the USFW Service has limited specialized equipment and qualified personnel required to manage wildland fires; and WHEREAS, City can provide wildland fire initial attack capability to support and supplement the USFW Service’s and other fire protection cooperator’s resources; and WHEREAS, City can provide equipment and overhead for wildland fire suppression activities within City’s jurisdiction; and WHEREAS, if initial attack suppression actions on USFW Service lands are unsuccessful and the fire will not be contained within the first burning period, dispatching and continued incident support services will be transferred to Central Washington Interagency Communication Center (CWICC). CWICC will provide extended attack support; 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 Interagency Cooperative Fire Protection Agreement for wildfire suppression with the U.S. Fish and Wildlife Service. Page 150 of 180 Resolution - U.S. Fish & Wildlife Service ILA - 2 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 Interagency Cooperative Fire Protection Agreement between the United States Fish and Wildlife Service and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the City Manager, or designee, of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 151 of 180 Agreement Number: V.4 | 11/29/2023 COOPERATIVE FIRE PROTECTION AGREEMENT BETWEEN THE UNITED STATES FISH AND WILDLIFE SERVICE AND THE CITY OF PASCO FOR CENTRAL WASHINGTON NATIONAL WILDLIFE REFUGE COMPLEX AND MID-COLUMBIA RIVER NATIONAL WILDLIFE COMPLEX This Cooperative Fire Protection Agreement (CFPA) is made and entered into and between the U.S. Fish and Wildlife Service, Central Washington and Mid-Columbia River National Wildlife Refuge Complexes, herein referred to as SERVICE and the City of Pasco, herein referred to as CITY, and is effective upon signature by all parties and will remain in effect for five (5) years unless terminated by one or more of the parties. I. AUTHORITIES The SERVICE has entered into this CFPA under the following authorities; • Reciprocal Fire Protection Act of May 27th, 1955 (69 Stat. 66, 42 U.S.C 1856a-d) • Robert T. Stafford Disaster Relief and Emergency Assistance Act, (Public Law 93 -288, as amended, 42 U.S.C. 5121-5207) • Federal Fire Prevention and Control Act of October 29, 1974 et seq. (88 Stat. 1535; 15 U.S.C. 2201) • Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661-666c, • Department of the Interior and Related Agencies Appropriations Act, 1999 as included in Public law 105 - 277, Div. A, Section 101(e) II. PURPOSE The purpose of this agreement is to coordinate and provide cooperative fire protection between the SERVICE and CITY, to suppress wildland fires more efficiently and effectively from damaging natural resource values managed by the SERVICE. This CFPA is consistent with the existing Master Cooperative Fire Protection Agreement (FWS agreement #: FF01R03000-19X-L016), whereas the Master Agreement has documented the commitment of Agencies to improve efficiency by facilitating the coordination and exchange of personnel, equipment, supplies, services, and funds among the Agencies as too will this Agreement. Furthermore, this Agreement describes the working relationship, financial arrangements, and joint activities between the SERVICE and CITY not otherwise specified under the terms of the Master Cooperative Fire Protection Agreement. Nothing herein shall be considered as obligating either party to expend or as involving either party in any contract or other obligation other than reimbursement for wildland fire suppression beyond reciprocal period identified in this document . III. RECITALS Whereas, both parties have wildland fire protection responsibilities upon lands of their respective jurisdiction and limited fire protection resources. Whereas the SERVICE is the jurisdictional agency responsible for fire management on SERVICE lands; Page 152 of 180 Agreement Number: V.4 | 11/29/2023 Whereas, the SERVICE has limited specialized equipment and qualified personnel required to manage wildland fires; Whereas CITY can provide wildland fire initial attack capability to support and supplement the SERVICE’s and other fire protection cooperator’s resources; Whereas CITY can provide equipment and overhead for wildland fire suppression activities within CITY’S jurisdiction; and Whereas, if initial attack suppression actions on SERVICE lands are unsuccessful and the fire will not be contained within the first burning period, dispatching and continued incident support services will be transferred to Central Washington Interagency Communication Center (CWICC). CWICC will provide extended attack support. Therefore, for the mutual consideration herein stated, the parties herby enter into this CFPA. IV. STATEMENT OF MUTUAL BENEFITS AND INTERESTS The SERVICE shall: A. Reimbursement to CITY for Direct Costs for resource ordered for wildland fire suppression beyond the reciprocal period of 4 hours including: overhead costs, equipment use cost and logistical support for wildland fire suppression that occur on SERVICE lands. Reimbursable costs will be based off of actual costs to the CITY. B. Reimburse CITY under the provisions within this CFPA no less frequently than every 30 days. Reimbursement will be based on actual costs to the CITY. The CITY shall: A. Reimburse the SERVICE for direct costs for resource ordered for wildland fire suppression beyond the reciprocal period of 4 hours including overhead costs, equipment use cost and logistical support for wildland fire suppression that occur on state/private lands. Reimbursable costs will be based off actual costs to the SERVICE. B. Conduct reciprocal initial attack (initial wildland fire suppression, wildland fire control and mop- up) as requested on wildland fires occurring on Service lands within the CITY’s responding jurisdiction. C. Follow all wildland fire suppression tactics addressed in the SERVICE’s Wildland Fire Management Plan specific to the location of the fire. D. Report wildland fires within 48 hours to the Principal Contacts (Error! Reference source not found.) for the SERVICE upon discovering or receiving reports of wildland fire on SERVICE lands. E. Forward the necessary wildland fire report data to the responsible SERVICE representative identified in the Principal Contact list (Error! Reference source not found.) when CITY suppresses wildland fires burning wholly or in part on SERVICE lands. F. Dispatch only personnel who meet or exceed the minimum training requirements of the CITY when responding pursuant to this CFPA. Page 153 of 180 Agreement Number: V.4 | 11/29/2023 Both the SERVICE and CITY shall: A. Provide annually a principal contact information prior to the initiation of fire season. The information will include protection area maps for any new lands acquired by the SERVICE, names, and numbers for principal contacts (Error! Reference source not found.). B. 42 U.S. Code, 1856a – Authority to enter into reciprocal agreement; waiver of claims; reimbursement; ratification of prior agreements. Parties to the Agreement, and each Party hereby waives any claim against any other Party for loss or damage of its property and/or personal injury or death of its employees or agents occurring as a consequence of the performance of this Agreement; provided, this provision shall not relieve any Party from responsibility for claims from third Parties for losses for which the Party is otherwise legally liable. This waiver does not extend to ordinary expenses incurred as part of the cost of the fire (gloves, fusees, hose, etc.). Claims requesting compensation for property loss or damage, personal injury, or death resulting from the negligence or other wrongful acts of employees performing under this Agreement will be received by the Jurisdictional Agency and forwarded to the hirin g or home agency of the allegedly negligent employee for processing. Employee claims for loss of or damage to personal property must be submitted to the Jurisdictional Agency and then forwarded to the hiring, or home agency of the employee for processing i n accordance with the hiring agency’s administrative procedures. C. Parties to this agreement will comply with the U.S. Fish and Wildlife Service Fire Management Policies. Policies include, but are not limited to; implementing fire management plans, promoting human safety as well as reducing hazardous conditions, conserving wildlife and its habitat, minimizing air and water quality impacts, and meeting other desirable goals. D. Agree that the officer-in-charge who arrives first at a wildfire burning on or near lands of both parties will act as Incident Commander (IC). When representatives of both parties have arrived at a fire, the officers - in-charge for each party will mutually agree to designate an IC, provided that nothing shall prevent a party to whom a request is made from refusing to respond when the sole determination of that par ty’s commanding officer is that responding to the incident would create an unreasonable risk of danger to that party’s employees, equipment, or a third party. E. Be responsible for the training, equipment and welfare of personnel they dispatch, including the treatment of any personal injuries, which may result during any fire or in route to or from any fire as provided by the laws and regulations under which each party operates. F. Recognize that the other’s training standards are reasonable, prudent, and acceptable for wildland fire response as well as fire support on lands under the jurisdiction of the parties to this CFPA. G. Be responsible for operating, servicing, repairing and replacing their own equipment, except as agreed upon in writing by both parties in advance. H. Know that regardless of an incident’s location, employees of the CITY and the SERVICE will be subject only to the laws, regulations, and rules governing their respective employers. No employee shall be entitled to compensation and/or benefits under this CFPA except as specifically provided for under the terms of his or her employment with respective employer. V. GENERAL PROVISIONS A. Neither party shall be required to incur expenses under the terms of this CFPA, except as necessary to effectively implement this CFPA. Page 154 of 180 Agreement Number: V.4 | 11/29/2023 B. Reimbursement will begin at the time ordered resources (on a resource order) exceed the reciprocal period when responding to a SERVICE wildland fire and end when resources return to their respective fire station. C. Only actual costs for direct wildland fire suppression will be reimbursed by the SERVICE. These costs include: salary and overtime for wildland fire resources directly involved with wildland fire suppression and the logistical support (Fuel, meals, etc.) for these firefighters. The cost of “backfilling” local fire service employees into home unit positions for shift personnel that have been mobilized to incidents is accepted with the intent to make the local fire district whole. The reimbursed hours will be for base hours only, no overtime. All backfill hours should be documented and signed. D. Parties shall provide (upon request) any maps, documents, instructions, and law enforcement reports which either party considers necessary to conduct work associated with this CFPA. E. All aircraft and pilots used to transport SERVICE personnel or that are directly controlled by the SERVICE shall be certified by qualified SERVICE or United States Department of Interior National Business Center-Aviation Management inspector prior to SERVICE work. F. Operating Plan (OP), the parties will meet annually, prior to the initiation of fire season, to prepare/review an OP. This OP will include lists of principal personnel, dispatching procedures, and any other items identified in this CFPA as necessary for efficient implementation will be included in the OP. The OP shall be related to this CFPA as Exhibit B. Changes made to the OP do not constitute a modification of this CFPA. New signatures on the OP are required only if changes were made to the OP. G. Both parties shall comply with all Federal statutes relating to nondiscrimination and all applicable requirements of other Federal laws, executive orders, regulations and policies, including but not limited to; i. Title VI of the Civil Rights Act of 1964 (USC 2000d) which prohibits discrimination on the basis of race, color, handicap or national origin; ii. Title IX of the Education amendments of 1972, as amended (USC 1681 -1683) which prohibits the discrimination on the basis of sex. H. Either Party shall have the right to obtain access to examine all documents related to this CFPA. Reasonable notice must be given to the other party through their authorized representatives. I. Cost Sharing. On multi-jurisdictional incidents, incidents that threaten, or incidents that burn across direct protection boundaries, the parties will jointly develop a written cost share agreement that describes a fair distribution of financial responsibilities. The parties agree that all reasonable and necessary costs incurred to meet the protection responsibilities within each party’s direct protection area will be the responsibility of that party. J. Modification of this CFPA shall be made by mutual consent of both parties through the issuance of a written modification that is signed and dated by both parties prior to any changes being performed or taking effect. K. Either party may terminate this CFPA by providing 30 days written notice to the other. Unless terminated by written notice, this CFPA shall remain in effect for five years from the date of the last signature. L. The parties certify that the person executing this CFPA on behalf of its respective entity has the legal authority to enter into this CFPA. Page 155 of 180 Agreement Number: V.4 | 11/29/2023 VI. REIMBURSEMENT AUTHORITY 15 U.S. § 2210 - Reimbursement for costs of firefighting on Federal property Waiver of Claims: Parties to the Agreement shall each be responsible for their own losses arising out of the performance of this Agreement, and each Party hereby waives any claim against any other Party for loss or damage of its property and/or personal injury or death of its employees or agents occurring as a consequence of the performance of this Agreement; provided this provision shall not relieve any Party from responsibility for claims from third Parties for losses for which the Party is otherwise legally liable. This waiver does not extend to ordinary expenses incurred as part of the cost of the fire (gloves, fusees, hose, etc.). This provision pertains to claims between the respective state and federal agencies and does not pertain to claims advanced by third Parties. Claims requesting compensation for property loss or damage, personal injury, or death resulting from the negligence or other wrongful acts of employees performing under this Agreement will be received by the Protection Agency and forwarded to the hiring, o r home agency of the allegedly negligent employee for processing. Employee claims for loss of or damage to personal property must be submitted to the Jurisdictional Agency and then forwarded to the hiring, or home agency of the employee for processing in accordance with the hiring agency's administrative procedures. VII. REIMBURSEMENT REQUIREMENTS A. The Supporting Party will bill the Protecting Party for actual costs incurred for assistance provided and identified as reimbursable. Reimbursable costs include all costs associated with the direct fire operations and incident support ordered by or for the incident (except as otherwise described in reciprocal initial attack and independent action situations or cost share agreements). All billing packages will include documentation showing the order was processed through and tracked by the Protecting agency. Bills for reimbursement must be supported by resource orders for all resources and may be requested upon reconciliation of the bill. For reimbursement under the terms of this agreement all resource orders beyond initial attack must be mobilized and processed by an interagency dispatch center. B. All resource ordered personnel must include a detailed account of individual personnel start and end time for the wildland fire, signed by the employee and Time Unit Leader. The OF-288 form (Emergency Firefighter Time Report) is the desired format. C. Provide all fire equipment use reports (shift tickets), signed by the incident supervisor and an equipment invoice. The OF-286 form (Emergency Equipment Use Invoice) is the desired format. D. Miscellaneous logistical support reimbursement requests must include a resource order (or equivalent) to ensure that items were used in support of the wildland fire. E. On fires where costs are incurred pursuant to the terms of this agreement, the Supporting Party shall submit a bill for reimbursement as soon as possible, but no later than 120 days after the fire is declared out. Payment shall be made to the Supporting Party within 90 days after receipt of the billing invoice. F. Submit Service reimbursement request documents to: U.S. Fish and Wildlife Service 64 Maple Street Burbank, WA 99323 ATTN: Fire Management Page 156 of 180 Agreement Number: V.4 | 11/29/2023 G. Submit City reimbursement request documents to: Pasco Fire Department PO Box 293 Pasco, WA 99301 ATTN: Fire Chief Kevin Crowley VIII. FIRE SUPPRESSION INVOICE REQUIREMENTS: • List jurisdictional unit on each invoice/bill • Cooperator name, address, phone number, and agency financial contact • City’s UEI number • Invoice or bill number • Agreement number • Incident name and number • Resource Order Number(s) • Dates of the incident covered by the billing. • Summary and detailed cost data for the amount being billed. Details should include standard resource type designation, number of personnel, and hours worked. Use incident generated cost information or standard generated cost reports generated by the Agency to support the billing whenever possible. Summary cost data may include, but not be limited to, a list of personnel expenses including base, overtime and travel and a listing by vendor name and amount spent for supplies and services procured. Electronic Funds Transfer (EFT): District shall designate a financial institution or an authorized payment agent through which a federal payment may be made in accordance with U.S. Treasury Regulations, Money, and Finance at 31 CFR 208, which requires that federal payments are to be made by EFT t o the maximum extent possible. In order to receive EFT payments, the District or City shall register in the System for Award Management (SAM) at www.sam.gov and follow the instructions online to register as a new entity. Third Party Cost Recovery: Procedures for determining a cost recovery process will be in the Statewide Operating Plan. Investigation process is determined locally. The USFWS needs to investigate the cause of all fires that cross onto Refuge land. Further, the Interagency Standards for Fire and Fire Aviation Operations states, “For all human-caused fires where responsibility and negligence can be determined, actions must be taken to recover the cost of suppression activities, land rehabilitation, and damages to the resources and improvements.” The parties will undertake efforts both to protect the point of origin and to facilitate the effective investigation for cost recovery efforts. IX. DEFINITION OF TERMS A. Principal Contacts. A list of appropriate contacts for TBD and the Service. B. Direct Costs. Costs directly related to the suppression effort. These costs do not include dispatch or other administrative costs. C. Duty Officer. The Service employs a fire management staff person that serves as the “Duty Officer”. The Service Duty Officer is the primary point for coordination with local units for payment and reimbursement issues during incidents and they are not the Incident Commander. D. Jurisdictional Agency. Agency which has overall land and resource management and/or protection responsibility as provided by Federal or State law. E. Overhead Costs. Costs not directly chargeable to suppression efforts, but which are part of the overall cost of operation. Page 157 of 180 Agreement Number: V.4 | 11/29/2023 F. Suppression Work. All work of confining and extinguishing a fire beginning with its discovery. G. Reimbursable Work. Providing monetary compensation for the use of any fire engines, fire support vehicles or equipment and wages for qualified wildland fire personnel and support staff responding to wildfires on Service lands. H. Reciprocal Fire Assistance. Support response to the protecting party to provide assistance without charge for the first 4 hours. I. Appropriate Charges. Comprises all charges related to direct costs, overhead costs, and suppression work. J. Multijurisdictional Incident. An incident requiring action from multiple agencies that each have jurisdiction to manage certain aspects of an incident. In ICS, these incidents will be managed under Unified Command. K. Unified Command. An application of ICS used when there is more than one agency with incident jurisdiction or when incidents cross political jurisdictions. Agencies work together through the designated members of the Unified Command to establish their designated Inciden t Commanders at a single ICP and to establish a common set of objectives and strategies and a single Incident Action Plan. This CFPA involves no exchange of funds between the parties. Further, nothing shall be considered as obligating the SERVICE to expend funds or otherwise obligate the SERVICE for the future payment of money in excess of appropriations authorized by law and administratively allocated for the activities associated with this CFPA, Antideficiency Act, P.L.97-258, 96 Stat 923. The party’s hereto have executed this Cooperative Fire Protection Agreement by and through their authorized representatives on the day and year last written below. Fire Chief Date Pasco Fire Department ___________________________________________ _______________ City Attorney Date City of Pasco Trina Staloch, Acting Project Leader Date Central Washington National Wildlife Refuge Complex Steve Kahl, Project Leader Date Mid-Columbia River National Wildlife Refuge Complex Veronika Klukas, Regional Incident Business Specialist Date U.S. Fish and Wildlife Service, Region 1 Page 158 of 180 Agreement Number: V.4 | 11/29/2023 OPERATING PLAN PREAMBLE This Operating Plan (OP) is prepared pursuant to the Cooperative Fire Protection Agreement (CFPA) between the following parties: US Fish and Wildlife Service, Central Washington and Mid-Columbia River National Wildlife Refuge Complexes, hereafter referred to as SERVICE, and Kennewick, hereafter referred to as CITY. Authorities written within the existing CFPA still apply. The objective of the OP is to define cooperative relations otherwise not discussed in the CFPA. INTERAGENCY COOPERATION Interagency Resources: The parties follow the procedures listed in the Wildland Fire Qualification System Guide PMS 310-1 for training, fitness, and experience standards. The parties operate under the concepts defined in the National Incident Management System (NIMS) using the Incident Command System (ICS) for the management of incidents. The parties will assign only currently qualified personnel and equipment to incidents managed under this agreement. PREPAREDNESS Protection Areas and Boundaries: This OP covers the SERVICE lands in the Lower Columbia Basin of Washington State and SERVICE lands located near the towns of Toppenish, Washington and Glenwood, Washington. Refer to the attached map-designating boundary lines as described in Appendix B. Protection Planning: Although the SERVICE has jurisdictional responsibility, the SERVICE initial response resources are located at the McNary National Wildlife Refuge in Burbank, WA. Often, the SERVICE relies upon support resources from CITY during Wildland fire incidents. By law, the SERVICE will have the ultimate responsibility for the overall land management, including wildland fire suppression. Even entering into this protection exchange agreement, they must determine appropriate response levels and overall strategies for initial and extended attack. Acquisition of Services: The SERVICE may request cooperative fire protection by CITY on Refuge lands. The CITY can acquire support from the SERVICE by placing a resource order request through the Central Washington Interagency Communication Center or calling the Mid-Columbia River Fire Zone Duty Officer phone (see Appendix A for contact information). OPERATIONS Fire Notifications: The SERVICE expects prompt notification of wildfires not only on refuge lands but also those wildfires that threaten Refuge lands. Notification should be placed to one of the staff members listed in Appendix A, the Mid-Columbia River Fire Zone Duty Officer phone, or placed to Central Washington Interagency Communication Center who will contact the SERVICE Duty Officer. The phone numbers for the SERVICE staff members, the Mid-Columbia River Fire Zone Duty Office phone, and Central Washington Interagency Communication Center are listed in Appendix A. Contacts. Refer to the contact list in Appendix A. These contacts are to be notified of wildfires occurring on lands pertaining to this CFPA. Page 159 of 180 Agreement Number: V.4 | 11/29/2023 Equipment: The SERVICE and CITY certify that equipment is routinely inspected and fully ready to respond in a fully functional fashion. Each party can request the other’s equipment to be inspected for readiness. Incident Command (IC): Highest ranking staff member will designate jointly, if necessary, an incident commander who will take charge of incident operations according to NIMS. Changes in complexity: When a fire crosses jurisdictional boundary, or when the results of a standard complexity analysis suggest considering the next level of incident management, or when a fire is not expected to be contained before the end of the first full operational period, the IC should assess the change in complexity and consider requesting a new delegation of authority from the jurisdictional agency. Land Management Considerations: This agreement applies to areas within the jurisdiction of each district or city and does not obligate the city to respond beyond the city boundaries. USE AND REIMBURSEMENT OF INTERAGENCY FIRE RESOURCES Communications: A Non-Federal Government Radio Frequency Use Agreement exists between the SERVICE and the District. Each party to this agreement will identify specific radio frequencies, computer system access, data transmission lines, communication sites, and communications equipment shared between Parties. (Frequencies, medivacs, for statewide.) Access to systems and facilities will be approved only by agency authorized personnel and in accordance with agency laws, regulations, and policies governing security of systems and facilities. Dispatch Procedures: Any party to this agreement can request assistance from another party. Requests for SERVICE support should be placed with Central Washington Interagency Communication Center. SERVICE will request assistance through CITY’s Fire Dispatch. Fire Detection Systems: The parties do not operate nor maintain a detection system. Most reports of fire ignition occur through notification from the public through 911 emergency calls. Aviation Operations: SERVICE cannot direct nor pay for aircraft that are not under contract through the Office of Aircraft Services. Use of aircraft ordered by CITY is not reimbursable. On federal fires, aviation operations must comply with DOI Departmental Manual 350-354 and Operational Procedures Memorandums, and the DOI Bureau or Agency specific policies. Billing Procedures: Reimbursement resources must be requested by the SERVICE or supplied through established dispatch systems and should be documented on the subsequent Resource Ordering process. Fire Suppression Billings: • List jurisdictional unit • Cooperator name, address, phone number, and agency financial contact • Invoice or bill number • UEI Number • Dates of the incident covered by the billing. • Summary and detailed cost data for the amount being billed. Details should include standard resource type designation, number of personnel, and hours worked. Use incident generated cost information of standard generated cost reports generated by the agency to support the billing Page 160 of 180 Agreement Number: V.4 | 11/29/2023 whenever possible. Summary cost data may include, but not be limited to, a list of personnel expenses including base, overtime and travel and a listing by vendor name and amount spent for supplies and services procured. All resource orders will be required. • Know that in order to make payments for equipment ordered by an incident management team, billing packages must include: Pre-use equipment inspection (OF-296), resource order, the agreement used at the time of hire, copies of the shift tickets (OF-297) and the official signed invoice (OF-286) Electronic Funds Transfer (EFT): States shall designate a financial institution or an authorized payment agent through which a federal payment may be made in accordance with U.S. Treasury Regulations, Money, and Finance at 31 CFR 208, which requires that federal payments are to be made by EFT to the maximum extent possible. In order to receive EFT payments, the City shall register in the System for Award Management (SAM) at www.sam.gov and follow the instructions online to register as a new entity. Third Party Cost Recovery: Procedures for determining a cost recovery process will be in the Statewide Operating Plan. Investigation process is determined locally. The SERVICE needs to investigate the cause of all fires that cross onto Refuge land. Further, the Interagency Standards for Fire and Fire Aviation Operations states, “For all human-caused fires where responsibility and negligence can be determined, actions must be taken to recover the cost of suppression activities, land rehabilitation, and damages to the resources and improvements.” The parties will undertake efforts both to protect the point of origin and to facilitate the effective investigation for cost recovery efforts. SIGNATURES The party’s hereto have executed this Operating Plan by and through their authorized representatives on the day and year last written below. ______________________________ Date:____________________________ Trina Staloch, Acting Project Leader Central Washington NWRC ______________________________ Date:____________________________ Steve Kahl, Project Leader Mid-Columbia River NWRC _________________________________ Date: _____________________________ Kevin Crowley, Fire Chief Pasco Fire Department Page 161 of 180 Agreement Number: V.4 | 11/29/2023 Appendix A. Principal Contacts PRINCIPAL CONTACT LIST NAME TITLE OFFICE CELL Bruce Jackson Fire Management Officer 509-378-0281 Paul Basye Fire Operations 509-412-4043 Mid-Columbia River Fire Zone Duty Officer Phone (can receive phone calls and text messages) 509-416-6231 Central Washington Interagency Communication Center (CWICC) 509-884-34739 CWICC After Hours Phone Number 1-800-826-3383 Cory Thompson Fuels Specialist 509-412-2297 PRINCIPAL CONTACT LIST NAME TITLE OFFICE CELL Page 162 of 180 Agreement Number: V.4 | 11/29/2023 Appendix B. Page 163 of 180 AGENDA REPORT FOR: City Council August 22, 2024 TO: Adam Lincoln , City Manager City Council Workshop Meeting: 8/26/24 FROM: Jesse Rice, Director Parks & Recreation SUBJECT: Resolution - Tri-Cities Youth Soccer Association Mutual Release & Settlement Agreement (5 minutes) I. REFERENCE(S): Proposed Resolution Proposed Mutual Release & Settlement Agreement Proposed Equipment Transfer List Presentation PPT II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The City and Tri-Cities Youth Soccer Association (T-CYSA) entered into an 25- year agreement on February 21, 1995, for the purpose of providing for improvement and development of approx. 44 acres of property on Burden Blvd. near GESA Stadium to serve primarily as a soccer complex for educational and youth programs, as well as opportunities for the public and community as a whole, related to soccer as a recreational activity and for major tournament play attracting visitors to Pasco. The agreement was amended on on August 25, 2021, extending the Agreement amended for an additional 10 years for the same continued purpose. V. DISCUSSION: As the City continues to grow, so does the demand for sporting fields and complexes from community, individuals, and organizations. Page 164 of 180 To help facilitate the current sports fields needs the City is seeking to transition the management and operation of City-owned sporting complexes to the Pasco Parks and Recreation Department. T-CYSA supports the transition of management and operation of City-owned sporting complexes to the Pasco Parks and Recreation Department and agreed to an early Mutual Release and Settlement Agreement which will allow the City to assume management, operations, and scheduling on August 29th, 2024. T-CYSA and the City have collaborated to ensure the smooth transition, including availability of needed equipment like goal and nets, and field management to minimize impacts to the soccer community. Due to the positive collaboration and planning, T-CYSA worked with the staff to amend the original transition date to allow another youth soccer organization to schedule a tournament with the City that would have proceeded the initial transition date. Staff is requesting Council approve the Resolution and related Mutual Release and Settlement Agreement between the City and T-CYSA to complete the transition. Page 165 of 180 Resolution – T-CYSA Settlement 2024 - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL RELEASE AND SETTLEMENT AGREEMENT BETWEEN TRI-CITIES YOUTH SOCCER ASSOCIATION AND THE CITY OF PASCO FOR THE TRI-CITIES YOUTH SOCCER COMPLEX. WHEREAS, the City of Pasco (City) and the Tri-Cities Youth Soccer Association (T- CYSA) entered into an Agreement on August 25, 2021, extending the Agreement amended on September 6, 2005, for an additional 10 years for the purpose of providing improvement and development of the property to serve primarily as a soccer complex for educational and youth programs, as well as opportunities for the public and community as a whole, related to soccer as a recreational activity and for major tournament play attracting visitors to Pasco; and WHEREAS, the City is seeking to transition the management and operation of City-owned sporting complexes to the Pasco Parks and Recreation Department; and WHEREAS, T-CYSA supports the transition of management and operation of City-owned sporting complexes to the Pasco Parks and Recreation Department and agrees to an early termination of the existing Agreement extension; and 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 Release and Settlement Agreement between T-CYSA and the City; a copy of which is attached hereto as Exhibit A. 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 Mutual Release and Settlement Agreement on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. Page 166 of 180 Resolution – T-CYSA Settlement 2024 - 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 167 of 180 Mutual Release and Settlement Agreement – 1 MUTUAL RELEASE AND SETTLEMENT AGREEMENT THIS MUTUAL RELEASE AND SETTLEMENT AGREEMENT is entered into this _____ day of September, 2024, by and between the City of Pasco, a Washington Municipal Corporation (City), and the Tri-Cities Youth Soccer Association, a Washington not-for-profit organization (T-CYSA). WHEREAS, the City of Pasco and the Tri-Cities Youth Soccer Association entered into an Agreement on August 25, 2021, extending the Agreement amended on September 6, 2005, for an additional 10 years for the purpose of providing improvement and development of the property to serve primarily as a soccer complex for educational and youth programs , as well as opportunities for the public and community as a whole, related to soccer as a recreational activity and for major tournament play attracting visitors to Pasco; and WHEREAS, the City is seeking to transition the management and operation of City-owned sporting complexes to the Pasco Parks and Recreation Department; and WHEREAS, T-CYSA supports the transition of management and operation of City-owned sporting complexes to the Pasco Parks and Recreation Department and agrees to an early termination of the existing Agreement extension; and WHEREAS, the parties, without admission of liability, and in recognition of the significant cost associated with litigation, have reached a mutually negotiated settlement to terminate all previous agreements. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, it is agreed as follows: 1. On ___________________, 2024, the City will assume full control, management, and operations of the Tri-Cities Youth Soccer Complex (Complex), including parking lots, playground, fields, primary building, outbuilding, concessions, restrooms, and all other commonly known or associated features within Complex, hereby terminating the current land use and development agreement subject to: a. T-CYSA agrees to transfer all equipment and property listed on Exhibit A to the City on ______________________, 2024, at the mutually agreed upon value of $157,823.00, which shall be provided as an account credit in the City’s recreation management system and available to T-CYSA to pay for any facility use fees of the Complex or other Parks and Recreation facilities. Account credit will not be refunded in any other format. b. T-CYSA will have priority requesting field reservations for the 2024-2025 soccer season (September 1, 2024, to June 30, 2025), in the City’s recreation management system prior to opening reservations to other users. Requests from TCYSA must be completed no later than_____________, 2024, and adequately Page 168 of 180 Mutual Release and Settlement Agreement – 2 reflect actual field usage requirements to ensure field availability for other users. All field reservations, rentals, and usage will be subject to the standard field fee rates set by the Pasco Parks and Recreation Department. Fields reserved, but unneeded by T-CYSA will be eligible for credit based on the cancellation policy as outlined below. Refunds will apply as credit in the recreation management system. Cancellation and Refund Policy a. More than 10 days notice of cancellation; 100% credit to account b. Less than 10 days notice of cancellation; No Refund credit Reschedule/Change Policy a. Any reschedules/changes (i.e. change in date/time/location) must be made more than 10 days in advance of the event date; No Fee b. Reschedules/changes (i.e. change in date/time/location) less than 10 days prior to event date; No Refund c. T-CYSA will have priority requesting conference room reservations for the 2024-2025 soccer season (September 1, 2024, to June 30, 2025), in the City’s recreation management system prior to opening reservations to other users. Requests from TCYSA must be completed no later than _____________, 2024, and adequately reflect actual conference room usage requirements to ensure conference room availability for other users. All conference room reservations and usage will be subject to the standard fee rates set by the Pasco Parks and Recreation Department. Full facility rental for tournaments will include use of conference room, less than full facility rental will incur separate reservation fee. d. T-CYSA will maintain the right to use the on-site office, inner bathroom, and mid-shop as a place of business from August 29, 2024, to June 30, 2026. The right to use will be available in two terms. During the initial 12-month term, August 29, 2024 – August 28, 2025, a use fee of $280 per month, totaling $3360 for the term, will be due from T-CYSA to cover a portion of the shared building’s utilities costs. The second term shall consist of 10-months, August 29, 2025 – June 30, 2026, and T-CYSA must notify Pasco Parks and Recreation Department with intent to use the second term no later than August 10, 2025. The second term will have a monthly use fee of $280, for a total of $2800 for the term. The usage of the spaces will be managed as a reservation in the City’s recreation management system. The first term use fee payment of $3360, will be due on September 10st, 2024, and will be charged against account credit in the City’s recreation management system created from Section 1 (a) of this agreement. If used, the second term use fee payment of $2800, will be due on Page 169 of 180 Mutual Release and Settlement Agreement – 3 September 10st, 2025, and will be charged against account credit in the City’s recreation management system created from Section 1 (a) of this agreement. Additionally, T-CYSA will be responsible for all cleaning of the office, inner bathroom, and mid-shop and, required to provide insurance coverage during this period and submit proof of coverage to the City. Space may be inspected quarterly by the City’s facility staff and accessible, as needed, for any and all maintenance, fire, or safety-related reasons by the City’s staff or contractors. e. As part of this Agreement, T-CYSA’s 2023 Complex payment of $44,056.00 will be waived. f. As part of this Agreement, T-CYSA’s 2024 Complex payment of $45,377.68 will be waived. 2. Both parties, in consideration of this Agreement, do hereby release and discharge the other of any and all claims, liabilities, causes of action, damages, losses, demands or obligations of any kind and nature related to, or based upon, known or unknown, or arising out of the above-referenced property; and, T-CYSA and the City accept as full and final satisfaction of any claims related thereto. 3. By entering into this Agreement, both parties expressly acknowledge that there is no admission of liability on behalf of either party except as specifically provided herein, and that this Agreement is the result of a negotiated settlement. 4. This Agreement settles, waives, releases, and forever bars any and all claims and actions at law by either party, their successors, heirs, or assigns against the other party, their successors, heirs, or assigns arising out of the above referenced matter, except as provided herein. This Release does not apply to any other parties. 5. Each signatory hereto represents and warrants that all necessary signatures and consents to enter into this Agreement; and, to assume and perform the obligations hereunder have been properly obtained. 6. Each term and provision of this Agreement is deemed to have been explicitly negotiated at arm's length between the parties, and in all cases, shall be construed and interpreted according to the fair meaning, and not strictly for or against either party, and without reference to who might have drafted the terms. 7. This Agreement is entered into and shall be construed and interpreted in accordance with the laws of the State of Washington. 8. This Agreement embraces and includes the entire Agreement between the parties; it may not be changed except in writing that is signed by all parties. 9. This Agreement may be executed in counterparts. Each counterpart shall be deemed an original, all of which taken together shall be one and the same instrument. This Page 170 of 180 Mutual Release and Settlement Agreement – 4 Agreement shall become effective upon execution of the counterpart by each party and delivery to the other party. THIS IS A RELEASE IN WITNESS WHEREOF, the parties have executed this Agreement on the date designated above. CITY OF PASCO, WASHINGTON TRI-CITIES YOUTH SOCCER ASSOCIATION (T-CYSA) ____________________________________ ____________________________________ Adam Lincoln, City Manager Stephanie Koerner, President Page 171 of 180 EXHIBIT A Tri -Cities Youth Soccer Association to City of Pasco agreed upon equipment transfer detail: Inventory Location Agreed Items Estimated Value Office (8) waiting room area chairs $ 400.00 Total $ 400.00 Agreed Offer 60% $ 240.00 Conference Room Projector $ 1,500.00 (1) large dry erase board $ 500.00 (5) 6ft Tables $ 801.00 (7) 8ft + tables $ 2,227.00 (94) conference room chairs $ 2,159.00 Total $ 7,187.00 Agreed Offer 60% $ 4,312.20 Concession Freezer $ 574.00 Freezer/Fridge $ 565.00 Stove $ 565.00 (2) microwaves $ 300.00 (5) Coolers $ 250.00 misc supplies (paper, plastic, etc) $ 700.00 Popcorn maker $ 150.00 Chili dispenser $ 100.00 Safe $ 500.00 Small rack $ 200.00 Large rack $ 500.00 Shaved ice maker $ 150.00 (3) Stools $ 120.00 (3) Crock pots $ 200.00 Misc utensils $ 350.00 Commercial coffee maker $ 450.00 $ 5,674.00 Agreed Offer 60% $ 3,404.40 Shop/Shed Painter $ 17,000.00 4-seat golf cart $ 1,304.00 Air compressor $ 250.00 Tents $ 727.00 Page 172 of 180 Large table $ 100.00 (9) shelving units $ 1,170.00 approx (20) sign posts $ 100.00 (9) pop up tents $ 675.00 approx (20) pop up goals $ 2,147.00 several 9v9/7v7 extra nets $ 2,027.00 (11) unopened 5 gallons of field paint $ 715.00 Ladder $ 100.00 (3) step stools $ 300.00 (10) garbage cans $ 300.00 approx (52) corner flags $ 891.00 (3) open industrial shelving units $ 600.00 goal anchors (100's) $ 1,500.00 (8) shelving units $ 1,040.00 Tournament benches $ 6,972.00 $ 37,918.00 Agreed Offer 60% $ 22,750.80 Outside on Fields Goals- all to FIFA size per age groups (must be for competitive teams) $ 210,930.00 (29) 11v11 (46) 9v9/7v7 (28) 4x4 Nets- $ 39,150.00 (20)misc 11v11/9v9/7v7 sized nets (33) 11v11 size nets (30) 9v9/7v7 nets (25) 4v4 nets Total $ 250,080.00 Replacement Quote received by city for all of the above NEW $ 210,000.00 Agreed Offer 60% of Quote $ 126,000.00 (2) Aluminum 15' benches $ 1,860.00 Agreed Offer 60% $ 1,116.00 Grand Total $ 157,823.20 Agreed by: City of Pasco, WA Tri -City Youth Soccer Association ___________________________________ ______________________________ Adam Lincoln, City Manager Stephanie Koerner, President Page 173 of 180 Pasco City Council Meeting August 26, 2024 Pa g e 1 7 4 o f 1 8 0 Tri-Cities Youth Soccer Complex Mutual Release and Settlement Agreement between the City and Tri-Cities Youth Soccer Association (T-CYSA) •Allows for transition of management, operation, and scheduling of Tri- Cities Youth Soccer Complex from T-CYSA to the City on August 29, 2024. •Allows T-CYSA priority field scheduling for 2024-2025 Soccer Season •Allows T-CYSA to rent current office space at complex as place of business until June 2026 •Transfers complex and field related equipment to City for immediate operational use of complex Pa g e 1 7 5 o f 1 8 0 Tri-Cities Youth Soccer Complex Current Actions: •Agreed upon equipment transfer list •Agreed to earlier transition date to accommodate another organizations tournament schedule date •T-CYSA is removing excess equipment from complex •T-CYSA has made field reservations for 2024-2025 Season •Agreed to rental rate and term for T-CYSA business use of office space •T-CYSA met with City staff to understand scheduling demands and field layout needs to successfully transition management Pa g e 1 7 6 o f 1 8 0 Tri-Cities Youth Soccer Complex •Asking City Council to approve Resolution and Mutual Release and Settlement Agreement •Questions?? Pa g e 1 7 7 o f 1 8 0 Pasco City Council Meeting August 26, 2024 Pa g e 1 7 8 o f 1 8 0 Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure. City Council Goals QUALITY OF LIFE 2024-2025 Enhance the long-term viability, value, and service levels of services and programs. FINANCIAL SUSTAINABILITY Promote a highly functional multi-modal transportation system. COMMUNITY TRANSPORTATION NETWORK Implement targeted strategies to reduce crime through strategic investments in infrastructure, staffing, and equipment. COMMUNITY SAFETY Promote and encourage economic vitality. ECONOMIC VITALITY Identify opportunities to enhance City of Pasco identity, cohesion, and image. CITY IDENTITY Page 179 of 180 METAS DEL CONCEJO MUNICIPAL 2024-2025 Promover una alta calidad de vida a través de programas, servicios y inversion apropiada y reinversión en la comunidad infraestructura comunitaria. CALIDAD DE VIDA Promover viabilidad financiera a largo plazo, valor, y niveles de calidad de los servicios y programas. SOSTENIBIILIDAD FINANCIERA Promover un sistema de transporte multimodal altamente funcional. RED DE TRANSPORTE DE LA COMUNIDAD Implementar estrategias específicas para reducir la delincuencia por medios de inversiones estratégicas en infraestructura, personal y equipo. SEGURIDAD DE NUESTRA COMUNIDAD Promover y fomentar vitalidad económica. VITALIDAD ECONOMICA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen. IDENTIDAD COMUNITARIA Page 180 of 180