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2024.09.03 Council Meeting Packet
AGENDA City Council Regular Meeting 7:00 PM - Tuesday, September 3, 2024 Pasco City Hall, Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of this meeting. To listen to the meeting via phone, call (914) 614-3221 and use access code 347-125-017. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 5 - 17 (a) Approval of Meeting Minutes for August 19th and August 26th To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on August 19, 2024 and August 26, 2024 respectively. 18 - 21 (b) Bills and Communications - Approving Claims in the Total Amount of $6,437,980.95 and Wriite-off Totaling $24,671.00 Page 1 of 125 (delinquent bad debt) To approve claims in the total amount of $6,437,980.95 ($4,772,397.38 in Check Nos. 266133 - 266414; $378,848.29 in Electronic Transfer Nos.847289 - 847350, 847364 - 847578, 847607 - 847686, 847696 - 847725; $12,827.61 in Check Nos. 54810 - 54821; $1,273,907.67 in Electronic Transfer Nos. 30212919 - 30213628). To approve bad debt write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total amount of $24,671.00 and, of that amount, authorize $24,671.00 to be turned over for collection. 22 - 40 (c) Resolution No. 4487 - Supplement No. 4 with PBS Engineering & Environmental, Inc. for Court Street and Road 68 Intersection Improvements To approve Resolution No. 4487 - authorizing the City Manager to execute Supplement No. 4 to the Professional Services Agreement with PBS Engineering & Environmental, Inc. for Court Street and Road 68 Intersection Improvements project. 41 - 56 (d) Resolution No. 4488 - Interlocal Agreement with the U.S. Fish and Wildlife Service for Fire Protection To approve Resolution No. 4488, authorizing the City Manager to execute a Cooperative Fire Protection Agreement between the United Sates Fish and Wildlife Service and the City of Pasco for fire protection services. 57 - 72 (e) Resolution No. 4489 - Interlocal Agreement with the Washington State Department of Natural Resources for Forestland Response To approve Resolution No. 4489, 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. 73 - 87 (f) Resolution No. 4490 - Tri-Cities Youth Soccer Association Mutual Release & Settlement Agreement To approve Resolution No. 4490, authorizing the City Manager to execute the Mutual Release and Settlement Agreement between Tri- Cities Youth Soccer Association and the City of Pasco. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 6. PUBLIC COMMENTS - The public may address Council on any items Page 2 of 125 unless it relates to a scheduled Public Hearing. This item is provided to allow the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. Lastly, when called upon, please state your name and city or county residency into the microphone before providing your comments. 7. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 88 - 92 (a) Resolution No. 4491 - Supporting Franklin County Board of Commissioners Sales Tax Ballot Proposition. PROPOSITION 1 SALES AND USE TAX FOR MAINTENANCE AND OPERATION OF EMERGENCY COMMUNICATIONS SYSTEMS AND FACILITIES. The Franklin County Board of County Commissioners adopted Resolution No. 2024-180 concerning a sales and use tax to fund emergency communication systems. The proposition would authorize a sales and use tax of one-tenth of one percent (0.1%) without an expiration date; and a second sales and use tax of one-tenth of one percent (0.1%) that expires after 36 months to be collected from all taxable sales within the County, starting January 1st, 2025, for the purpose of providing funds for the costs associated with the design, financing, acquisition, construction, operation, remodeling and improvement of emergency communication systems and facilities. SHOULD THIS PROPOSITION BE APPROVED? Yes _____ No _____ (1 minute) MOTION: I move to approve Resolution No. 4491, in support of passage of Ballot Proposition No. 1 imposing a sales and use tax of two-tenths of one percent for the purpose funding the costs associated with the operations of enhanced 911 emergency communication systems and facilities. 93 - 97 (b) Ordinance No. 4725 - Amending PMC Title 3 Connecting Housing to Infrastructure Program (CHIP) (3 minutes) Page 3 of 125 MOTION: I move to approve Ordinance No. 4725, creating a new section 3.35.260 of the Pasco Municipal Code regarding an exemption for utility system development charges for low-income housing pursuant to RCW 35.92.380. 98 - 123 (c) Resolution No. ____ - Authorizing the Purchase of 122 & 124 South 4th Avenue for the Expansion of the Pasco Specialty Kitchen (3 minutes) MOTION: I move to approve Resolution No. ____, authorizing the purchase of 122 and 124 South 4th Ave, Pasco, WA, and further, for the expansion of the Pasco Specialty Kitchen; and ratifying and confirming prior acts. 10. UNFINISHED BUSINESS 11. NEW BUSINESS 12. MISCELLANEOUS DISCUSSION 13. EXECUTIVE SESSION 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 124 - 125 (b) Adopted Council Goals (Reference Only) (c) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the 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 4 of 125 AGENDA REPORT FOR: City Council August 28, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 9/3/24 FROM: Debra Barham, City Clerk City Manager SUBJECT: Approval of Meeting Minutes for August 19th and August 26th I. REFERENCE(S): 08.19.2024 and 08.26.2024 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on August 19, 2024 and August 26, 2024 respectively. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 125 MINUTES City Council Regular Meeting 7:00 PM - Monday, August 19, 2024 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Pete Serrano, Mayor. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: None Councilmembers absent: None Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Ken Roske, Police Chief; Maria Serra, Interim Public Works Director; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes for August 5th and August 12th To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on August 5, 2024, and August 12, 2024, respectively. Bills and Communications - Approving Claims in the Total Amount of $2,513,721.09 To approve claims in the total amount of $2,513,721.09 ($1,116,148.99 in Check Nos. 265852 - 266132; $34,371.54 in Electronic Transfer Nos. 847363; $28,065.14 in Check Nos. 54794 - 54809; $1,335,135.42 in Electronic Transfer Page 1 of 7Page 6 of 125 Nos. 30212203 - 30212917). Resolution No. 4481 - Accept Quote for New Cat and Dog Kennels for New Tri-Cities Animal Control Facility To approve Resolution No. 4481 awarding Quote No. 17999 for the new cat & dog kennels for the new Tri-Cities Animal Control facility; and further, authorize the City Manager to execute the contract documents Resolution No. 4482 - Acceptance of Work for A Street Sports Complex Phase 1 To approve Resolution No. 4482 accepting work performed by Big D’s Construction of Tri-Cities, Inc., under contract for the A Street Sports Complex Phase 1 Project. Resolution No. 4483 - Project Acceptance for East Riverview Lift Station To approve Resolution No. 4483, accepting work performed by Big D's Construction, Inc. under contract for the Riverview East Lift Station Project. Appointment to the Arts & Culture Commission of Joyce McIntyre To confirm Mayor Serrano's appoint of Joyce McIntyre to the Arts & Culture Commission to Position No. 2, Community Member, with a term from August 19, 2024, to January 1, 2028. Appointment to the Parks & Recreation Advisory Board of Sonee Wilson and Reappointment of Alex Thornton To confirm Mayor Serrano's appointment of Sonee Wilson to Position No. 5 to the Parks & Recreation Advisory Board effective August 19, 2024, through February 2, 2027; and reappointment of Alex Thornton to Position No. 3 with a term through February 2, 2027. Appointment to Planning Commission of Patrick Jones and Reappointment of Kim Lehrman To confirm the Mayor's appointment of Patrick Jones to Position No. 3 on the Planning Commission with the term from August 19, 2024, to February 2, 2030, and reappointment of Kim Lehrman to Position No. 4 with a term ending on February 2, 2030. Appointment to the HAPO Center Advisory Board of Jennifer Kuklinski To confirm the Mayor's appointment of Jennifer Kuklinski to the HAPO Center Advisory Board with a term from August 19, 2024, through December 31, 2025. Reappointment to the Tri-City Regional Hotel/Motel Commission of Jerry Beach Page 2 of 7Page 7 of 125 To confirm the reappointment of Jerry Beach (Holiday Inn Express, Pasco) to the Tri-City Regional Hotel/Motel Commission for a two-year term commencing on September 1, 2024 and ending August 31, 2026. ROLL CALL VOTE MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve the Consent Agenda as read. RESULT: Motion carried unanimously 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales PROCLAMATIONS AND ACKNOWLEDGEMENTS Attendance Awareness Month Proclamation Mayor Serrano read the proclamation for "Attendance Awareness Month" scheduled for September 2024 and presented it to United Way Benton & Franklin Counties CEO Dr. LoAnn Ayers. Dr. Ayers expressed appreciation to Mayor and City Council for the proclamation. She noted that United Way has been championing this initiative since 2012. PUBLIC COMMENTS Thomas Granbois, Pasco resident and downtown business owner, commented on billboards, Peanuts Park North safety improvements, and expanding the boundaries of Lewis Street Overpass grant program. He commented on the need for fire suppression systems for downtown businesses. Tom Kidwell, Pasco resident, commented on a traffic issue at the intersection at A Street and South Road 40 East near the Amazon buildings. He also suggested that the Port of Pasco railroad be Willis Schinkelshook, Pasco resident, expressed frustration with the Road 48 soccer field stating that his property is damaged due to the activities from the soccer field and complained that there are no bathrooms available at that field. Mary Mahoney, Pasco resident, commented on the flood plain, the destruction of the American Bald Eagles, the Tri-Cities Animal Control and the Pasco Public Facilities District aquatics facility funding. REPORTS FROM COMMITTEES AND/OR OFFICERS Page 3 of 7Page 8 of 125 Verbal Reports from Councilmembers Mr. Perales reported on Restore City Churches and Pasco School District's Teacher Appreciation events and the Latin Business Association meeting he attended recently. He also commented on the upcoming Fiery Foods Festival. Mr. Grimm reported on the introduction meeting for the annual Washington State Audit that he recently attended. Presentation of Inspection Services for Rental Program Mr. Gonzalez introduced Inspection Services Manager Troy Hendren, Lead Code Enforcement Officer Rosanna Johnson, and Code Enforcement Officer Dan Gallatin who reported on the City of Pasco's Inspection Services Rental Program. Council expressed thanks to staff for the report and appreciated the increased emphasis of education for the rental program. Council and staff discussed the Rental Program, including: Request for statistics on inspections compliance and fees for inspections. Explain the differences between the Pasco Municipal Code (PMC) and State law for rental properties. Two-year inspection cycle and yard maintenance in rentals. Quested Airbnb rentals. Displacement of tenants and where are they relocated until the rental is brought up to code. Requested a follow up email with the RCW requirements versus the PMC. Cost of the Rental Program. Expressed appreciation to Ms. Johnson noting her compassion for individuals who are homeless. Mayor Serrano opened this item for public comment. Mr. Granbois commented on the Rental Program and expressed appreciation to the staff that run the program. Mr. Bauman commented on the Rental Program, stating that he was threatened with a $1,000 a day fine, and he commented on the loss of his business license. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance No. 4724 - Declaration of Public Use And Necessity Mr. Ferguson provided a legal overview for the declaration of public use and necessity for condemnation of property. Mayor Serrano stated that the City Council and staff does not take this type of Page 4 of 7Page 9 of 125 action lightly. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Barajas to approve Ordinance No. 4724, declaring public use and necessity regarding the City of Pasco Broadmoor and Sandifur Parkway intersection improvement project, and authorizing condemnation. RESULT: Motion carried. 6-1 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, and Councilmember Harpster NAYS: Councilmember Perales Resolution No. 4484 - Greyhound, Inc. for the Pasco Intermodal Transportation Facility Lease Addendum Mr. Rice provided a brief report on the proposed facility lease addendum with Greyhound, Inc. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Barajas to approve Resolution No. 4484, authorizing the City Manager to Execute a five-year lease extension between Greyhound Lines, Inc. and the City of Pasco for space at the Pasco Intermodal Transportation Facility. RESULT: Motion carried unanimously 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales Resolution No. 4485 - 2024-2025 City Council Goals and Approval of the City Manager Workplan Mr. Lincoln provided a brief recap of the proposed City Manager's Workplan. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Grimm to approve Resolution No. 4485, establishing primary goals for the ensuing calendar years of 2024-2025. RESULT: Motion carried unanimously 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve the 2024-2025 City Manager Workplan. RESULT: Motion carried unanimously 7-0 Page 5 of 7Page 10 of 125 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales Resolution No. 4486 - Amendment of Sale of City Property along Burden Boulevard Ms. Sigdel requested that Council approve an amendment to the sale of City property along Burden Boulevard by reducing the sale price by $35,000 to accommodate building a sewer stub. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve Resolution No. 4486, approving the sale of certain City-owned real property located along Burden Boulevard, Parcel No.117370017. RESULT: Motion carried unanimously 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales MISCELLANEOUS DISCUSSION Mr. Perales asked for the status on some information he requested in prior Council meeting related to the Tri-Cities Animal Control and the possibility of an Advisory Board. Mr. Ferguson stated that this topic is scheduled to return to Council in early September 2024. Mr. Harpster asked for consensus from Council regarding the following topics: A presentation from the Water Follies to address the economic impact to the City of Pasco. The majority of Councilmembers desired to have an in- person presentation. A presentation regarding the Hanford Site from Brian Vance, Manager from the Office of River Projection. The majority of Councilmembers desired to have an in-person presentation. A presentation from the Pasco School District staff regarding the upcoming school impact fees. The majority of Councilmembers desired to have an in- person presentation. Have Council discussion regarding Airbnb rentals within the City-limits. The majority of Councilmembers desired to have an in-person presentation. RECESS Mayor Serrano called for a five-minute recess at 8:37 PM. Page 6 of 7Page 11 of 125 EXECUTIVE SESSION Council adjourned into Executive Session at 8:42 PM for 30 minutes returning at 9:12 PM to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager, Assistant City Manager, and City Attorney. At 9:12 PM Mayor Serrano announced that the Executive Session would continue for another five minutes or until 9:17 PM. Mayor Serrano called the meeting back to order at 9:17 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 9:17 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 7 of 7Page 12 of 125 MINUTES City Council Workshop Meeting 7:00 PM - Monday, August 26, 2024 Pasco City Hall, Council Chambers & GoToWebinar MEETING INSTRUCTIONS FOR REMOTE ACCESS CALL TO ORDER The meeting was called to order at 7:00 PM by Pete Serrano, Mayor. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: None Councilmembers absent: None Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Dan Heid, Acting City Attorney; Jacob Gonzalez, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Ken Roske, Police Chief; Maria Serra, Interim Public Works Director; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS Mr. Grimm reported on a special meeting he recently attended of the Ben Franklin Transit Board. Ms. Barajas reported on the Tri-Cities Hispanic Chamber of Commerce meeting she attended and she commented on the upcoming Tri-Cities Iron Man event. She commented on a recent a Capital Improvement Plan (CIP) forum held at the Café con Arte and encouraged Pasco residents to voice their opinions related to the CIP updates. Lastly, she expressed thanks to staff for the recent tour of the Page 1 of 5Page 13 of 125 Wastewater Treatment Facility. Mr. Harpster commented on Employee Appreciation luncheon he attended last week. Mayor Pro Tem Milne also commented on the Tri-Cities Hispanic Chamber of Commerce meeting and the CIP forum at Café con Arte. He encouraged Pasco residents to participate in the next CIP forum scheduled on Wednesday, August 28th starting at 5:30 PM located at the Holiday Express. Mr. Perales stated that he met with the new owner of the old Rite-Aid building and met with Mike Miller regarding Pasco School District scholarships for creating art murals on his building. Mayor Serrano reported on the Goat Apartments grand opening and ribbon cutting event. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT Update on Hanford Communities Mr. Lincoln introduced David Reeploeg, Hanford Communities Executive Director who provided the Hanford Communities annual report to Council. Council and Mr. Reeploeg held a brief question and answer period regarding the Hanford Nuclear Waste Site activities. Mayor Serrano called for public comments three (3) times and no one came forward to speak. Ordinance - Amending Sections of the Pasco Municipal Code Titles 13 and 3 Related to Pasco Water Reuse Facility (PWRF) Ms. Serra and Public Works Department legal counsel Steve DiJulio presented the next actions related to the Pasco Water Reuse Facility (PWRF), which include updates to the Pasco Municipal Code (PMC) in Titles 3 and 13 for those processors that use the PWRF and opt to not to enter into a 30-year agreements for the use of the PWRF. The proposed ordinance incorporates a Risk Premium assessment calculated as an accelerated repayment schedule based on a 10- year schedule versus a 30-year repayment utilized in the Water Treatment Agreement (WTA) rate. Council, Ms. Serra and Mr. DiJulio held a question and answer period regarding the long-term WTA and proposed rates model for those processors that choose not to sign a WTA. Mayor Serrano called for public comments. Page 2 of 5Page 14 of 125 Brandon Mauseth, Oregon Potato Company representative, expressed concern regarding the terms in the proposed WTA and the proposed rate structure in the proposed ordinance. Simple Amendments to Sections of the Pasco Municipal Code to Title 25 Zoning Code Related to Corner Lot Fences Mr. Gonzalez provided a brief overview of the current requirements related to corner lot fences in the Pasco Municipal Code (PMC) Title 25 Zoning. Council, Mr. Gonzalez and Mr. Heid continued discussion on various fencing scenarios. Mayor Serrano called for public comments. Mr. Granbois commented on the pending fencing code and suggested that the aesthetics on the neighboring homes and their fences be taken into considered. Council concurred that a proposed ordinance come back at a future Council Workshop for discussion. Ordinance - Amending Sections of the Pasco Municipal Code to Title 17 Sign Code Related to Billboards Mr. Gonzalez provided a brief report on the proposed amendments to the Pasco Municipal Code (PMC) Title 17 Sign Code related to use of billboards within city- limits. Council and Mr. Gonzalez continued discussion of the proposed billboards in City- limits. Council concurred that lighting of the billboards need to be addressed. Mayor Serrano called for public comments. John Lehman, Meadow Outdoor Advertising representative, expressed support of adding billboards in the City-limits and he addressed lighting brightness of digital billboards. Colin Hastings, Pasco Chamber of Commerce Executive Director, expressed support for additional billboards and upgrading existing billboards. Resolution - Supplement No. 4 with PBS Engineering & Environmental, Inc. for Court Street and Road 68 Intersection Improvements Ms. Serra provided a brief report on the proposed supplement No. 4 to the Court Street and Road 68 intersection improvements with PBS Engineering & Environmental, Inc. Page 3 of 5Page 15 of 125 Mayor Serrano called for public comments. Jim Forman, Pasco resident, expressed concern of the condition of Road 68 north of Court Street. Resolution - Interlocal Agreement with the Washington State Department of Natural Resources for Forestland Response Fire Chief Crowley provided a brief report on the proposed interlocal agreement with the Washington State Department of Natural Resources for wildfire services. Mayor Serrano called for public comments three (3) times and no one came forward to speak. Resolution - Interlocal Agreement with the U.S. Fish and Wildlife Service for Fire Protection Fire Chief Crowley provided a brief report on the proposed interlocal agreement with the U.S. Fish and Wildlife Service for wildland fire services. Mayor Serrano called for public comments three (3) times and no one came forward to speak. Resolution - Tri-Cities Youth Soccer Association Mutual Release & Settlement Agreement Mr. Rice provided a brief report on the proposed release and settlement agreement with the Tri-Cities Youth Soccer Association (T-CYSA) for use of soccer fields and facilities along Burden Boulevard. Mayor Serrano called for public comments three (3) times and no one came forward to speak. MISCELLANEOUS COUNCIL DISCUSSION Mr. Grimm asked for an update regarding the Sylvester Street Improvements Project and Ms. Serra replied with the current status and proposed completion of the project. Mr. Perales asked Council consideration of reallocating the last of the ARPA funds to the Martin Luther King (MLK) Center project. Mr. Lincoln provided a list of the funding for the MLK Center project totaling approximately $6.5M, of which a portion of the ARPA funds are allocated for that project. Council discussed whether or not they want to bring this item back to a Council Page 4 of 5Page 16 of 125 meeting for discussion. The majority of Council preferred to receive a memorandum regarding the secured funding for the MLK Center project. ADJOURNMENT There being no further business, the meeting was adjourned at 8:56 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 5 of 5Page 17 of 125 AGENDA REPORT FOR: City Council August 29, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 9/3/24 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Bills and Communications - Approving Claims in the Total Amount of $6,437,980.95 and Wriite-off Totaling $24,671.00 (delinquent bad debt) I. REFERENCE(S): Accounts Payable 08.15.24 - 08.28.24 Write-offs (direct and bad debt)//Collection 08.01.24 - 08.31.24 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $6,437,980.95 ($4,772,397.38 in Check Nos. 266133 - 266414; $378,848.29 in Electronic Transfer Nos.847289 - 847350, 847364 - 847578, 847607 - 847686, 847696 - 847725; $12,827.61 in Check Nos. Transfer Electronic in - 54821; 54810 Nos. $1,273,907.67 30212919 - 30213628). To approve bad debt write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total amount of $24,671.00 and, of that amount, authorize $24,671.00 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: There are two categories of accounts receivable write-offs: 1. Direct write-offs are small in value or, in the case of Ambulance Fund, reflect a reduction of fees related to a discount required by DSHS and Medicare. These direct write-offs are not sent to collection. 2. Write-offs referred to collection and have been in arrears for a given number of days and exceed minimum values that move them out of the direct write-off category. Please see the summary page attached to this agenda item for details. Page 18 of 125 V. DISCUSSION: Page 19 of 125 REPORTING PERIOD: September 3, 2024 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 266133 - 266414 54810 - 54821 Total Check Amount $4,772,397.38 $12,827.61 Total Checks 4,785,224.99$ Electronic Transfer Numbers 847289 - 847350 30212919 - 30213628 847364 - 847578 847607 - 847686 847696 - 847725 Total EFT Amount $378,848.29 $1,273,907.67 $0.00 $0.00 Total EFTs 1,652,755.96$ Grand Total 6,437,980.95$ Councilmember B 100 447,051.05 110 29,381.17 140 14,275.23 145 2,040.35 150 38,409.65 160 2,776.94 165 341.23 168 77,943.97 170 1,280.98 180 1,466.68 185 2,471.16 188 51,686.15 189 774.42 190 1,556.27 194 48,425.31 195 166.11 196 HOTEL/ MOTEL EXCISE TAX 11,800.00 367 2,036,596.03 410 1,957,915.20 510 88,768.71 511 14,179.55 690 1,608,674.79 GRAND TOTAL ALL FUNDS:6,437,980.95$ August 15 - August 28, 2024 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Adam Lincoln, City Manager Griselda Garcia, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 3rd day of September 2024 that the merchandise or services hereinafter specified have been received and are approved for payment: C.D. BLOCK GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE Councilmember A SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET CEMETERY ATHLETIC PROGRAMS ANIMAL CONTROL SENIOR CENTER OPERATING MULTI-MODAL FACILITY ECONOMIC DEVELOPMENT STADIUM/ CONVENTION CENTER GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/ SEWER RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS Page 20 of 125 BAD DEBT WRITE-OFF/COLLECTION August 1 to August 31 2024 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs under $20 with no current forwarding address or are accounts in "occupant" status. Accounts submitted for collection exceed $20.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off amounts are a result of a reduction in charges due to DSHS and Medicare customers and eligibility; the law requires that the City accept assignment in these cases. 3. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 4. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 5. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct Referred to Total Write-off Collection Write-off Utility Billing $ - - - Ambulance $ - - - Code Enforcement $ - 24,671.00 24,671.00 Cemetery $ - - - General $ - - - Miscellaneous $ - - - TOTAL: $ - 24,671.00 24,671.00 Page 21 of 125 AGENDA REPORT FOR: City Council August 28, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 9/3/24 FROM: Maria Serra, Director Public Works SUBJECT: Resolution No. 4487 - Supplement No. 4 with PBS Engineering & Environmental, Intersection 68 Road and Court for Inc. Street Improvements I. REFERENCE(S): Resolution Exhibit A - Professional Service Agreement Supplement No. 4 Professional Service Agreement Supplement No. 3 Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4487 - authorizing the City Manager to execute Supplement No. 4 to the Professional Services Agreement with PBS Engineering & Environmental, Inc. for Court Street and Road 68 Intersection Improvements project. 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 Page 22 of 125 IV. HISTORY AND FACTS BRIEF: The original Professional Services Agreement (PSA) with PBS Engineering & 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, by Resolution No. 4148, with additional scope for the design, right-of-way, and construction management. 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: This item was presented to Council at the August 26, 2024 Workshop Meeting. 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 23 of 125 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 24 of 125 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 25 of 125 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 26 of 125 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 27 of 125 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 2 8 o f 1 2 5 Page 29 of 125 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 30 of 125 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 31 of 125 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 32 of 125 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 33 of 125 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 34 of 125 Pasco City Council Regular Meeting September 03, 2024 Pa g e 3 5 o f 1 2 5 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 3 6 o f 1 2 5 Court St and Road 68 Intersection Improvements Facing Northeast PROPOSED CONFIGURATION Pa g e 3 7 o f 1 2 5 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 3 8 o f 1 2 5 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 3 9 o f 1 2 5 Questions? Pa g e 4 0 o f 1 2 5 AGENDA REPORT FOR: City Council August 28, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 9/3/24 FROM: Kevin Crowley, Fire Chief Fire Department SUBJECT: Resolution No. 4488 - Interlocal Agreement with the U.S. Fish and Wildlife Service for Fire Protection I. REFERENCE(S): Resolution Cooperative Fire Protection Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4488, authorizing the City Manager to execute a Cooperative Fire Protection Agreement between the United Sates Fish and Wildlife Service and the City of Pasco for fire protection services. 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, Page 41 of 125 and services. Staff presented the proposed agreement to Council at the August 26, 2024, Workshop and staff recommends approval of the interlocal agreement. Page 42 of 125 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 43 of 125 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 44 of 125 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 45 of 125 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 46 of 125 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 47 of 125 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 48 of 125 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 49 of 125 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 50 of 125 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 51 of 125 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 52 of 125 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 53 of 125 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 54 of 125 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 55 of 125 Agreement Number: V.4 | 11/29/2023 Appendix B. Page 56 of 125 AGENDA REPORT FOR: City Council August 28, 2024 TO: Adam Lincoln City Council Regular Meeting: 9/3/24 FROM: Kevin Crowley, Fire Chief Fire Department SUBJECT: Resolution No. 4489 - Interlocal Agreement with the Washington State Department of Natural Resources for Forestland Response I. REFERENCE(S): Resolution Proposed WA ST Department of Natural Resources (DNR) Agreement #93- 107063. II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4489, 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. 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 Page 57 of 125 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 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. Staff presented the proposed agreement to Council at the August 26, 2024, Workshop and staff recommends approval of the interlocal agreement. Page 58 of 125 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 59 of 125 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 60 of 125 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 61 of 125 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 62 of 125 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 63 of 125 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 64 of 125 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 65 of 125 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 66 of 125 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 67 of 125 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 68 of 125 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 69 of 125 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 70 of 125 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 71 of 125 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 72 of 125 AGENDA REPORT FOR: City Council August 28, 2024 TO: Adam Lincoln , City Manager City Council Regular Meeting: 9/3/24 FROM: Jesse Rice, Director Parks & Recreation SUBJECT: Resolution No. 4490 - Tri-Cities Youth Soccer Association Mutual Release & Settlement Agreement I. REFERENCE(S): Proposed Resolution Proposed Mutual Release & Settlement Agreement Proposed Equipment Transfer List Presentation PPT II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION:City the authorizing 4490, No. to approve move I Resolution Manager to execute the Mutual Release and Settlement Agreement between Tri-Cities Youth Soccer Association and the City of Pasco. 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: Page 73 of 125 As the City continues to grow, so does the demand for sporting fields and complexes from community, individuals, and organizations. 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 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 74 of 125 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 75 of 125 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 76 of 125 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 77 of 125 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 78 of 125 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 79 of 125 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 80 of 125 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 81 of 125 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 82 of 125 Pasco City Council Meeting August 26, 2024 Pa g e 8 3 o f 1 2 5 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 8 4 o f 1 2 5 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 8 5 o f 1 2 5 Tri-Cities Youth Soccer Complex •Asking City Council to approve Resolution and Mutual Release and Settlement Agreement •Questions?? Pa g e 8 6 o f 1 2 5 Pasco City Council Meeting August 26, 2024 Pa g e 8 7 o f 1 2 5 AGENDA REPORT FOR: City Council August 23, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 9/3/24 FROM: Eric Ferguson, City Attorney City Manager SUBJECT: of Board County Supporting Franklin 4491 No. Resolution - Commissioners Sales Tax Ballot Proposition. PROPOSITION 1 SALES AND USE TAX FOR MAINTENANCE AND OPERATION OF EMERGENCY COMMUNICATIONS SYSTEMS AND FACILITIES. The Franklin County Board of County Commissioners adopted Resolution No. 2024-180 concerning a sales and use tax to fund emergency communication systems. The proposition would authorize a sales and use tax of one-tenth of one percent (0.1%) without an expiration date; and a second sales and use tax of one-tenth of one percent (0.1%) that expires after 36 months to be collected from all taxable sales within the County, starting January 1st, 2025, for the purpose of providing funds for design, acquisition, financing, the with associated costs the construction, operation, remodeling and improvement of emergency communication systems and facilities. SHOULD THIS PROPOSITION BE APPROVED? Yes _____ No _____ (1 minute) I. REFERENCE(S): Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4491, in support of passage of Ballot Proposition No. 1 imposing a sales and use tax of two-tenths of one percent for the purpose funding the costs associated with the operations of enhanced 911 emergency communication systems and facilities. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Franklin County was formed in 1883. The Franklin County Board of Commissioners was established pursuant to RCW 36.32.010 with powers Page 88 of 125 authorized in RCW Chapter 36.32. The Franklin County Board of Commissioners is authorized pursuant to RCW 82.14.420 to submit a proposition to county voters to fix and impose a sales and use tax of one-tenth of one percent without an expiration date and of one- tenth of one percent expiring after 36 months to provide funds associated with the maintenance and operations of emergency communications systems and facilities. After due consideration and significant research, the Franklin County Board of Commissioners determined that it is in the best interest of Franklin County for a two-tenths of one percent sales and use tax, for the purposes of providing funds for costs associated with design, acquisition, construction, equipping, operating, maintaining, remodeling, repairing, re-equipping and improvement of emergency 911 communication systems and facilities, should be imposed. The Franklin County Board of Commissioners passed Resolution No. 2024-180 on July 31, 2024, authorizing County of Franklin Ballot Proposition No. 1 to be placed on the ballot for the upcoming General election to be held November 5, 2024. V. DISCUSSION: This resolution was prepared at the request of members of the City Council and under the requirements of RCW 42.17A.555 which states in part: RCW 42.17A.555 Use of public office or agency facilities in campaigns—Prohibition— Exceptions. No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, Page 89 of 125 school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view; (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3) Activities which are part of the normal and regular conduct of the office or agency. (4) This section does not apply to any person who is a state officer or state employee as defined in RCW 42.52.010 Page 90 of 125 Resolution – In Support of County of Franklin Ballot Proposition No. 1 - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, IN SUPPORT OF PASSAGE OF COUNTY OF FRANKLIN BALLOT PROPOSITION NO. 1 IMPOSING TWO-TENTHS OF ONE PERCENT SALES AND USE TAX FOR THE PURPOSE OF FUNDING THE COSTS ASSOCIATED WITH THE OPERATIONS OF ENHANCED 911 EMERGENCY COMMUNICATION SYSTEMS AND FACILITIES. WHEREAS, pursuant to RCW 82.14.420, the Franklin County Board of Commissioners is authorized to submit a proposition to county voters to fix and impose a sales and use tax of one- tenth of one percent without an expiration date and of one-tenth of one percent expiring after 36 months to provide funds associated with the maintenance and operations of emergency communications systems and facilities; and WHEREAS, the Franklin County Board of Commissioners on July 31st, 2024, passed Resolution No. 2024-180 authorizing County of Franklin Ballot Proposition No. 1 to be placed on the ballot for the upcoming General election to be held November 5, 2024; and WHEREAS, the City Council of the City of Pasco in accordance with RCW 42.17A.555, may take action at an open public meeting, to express a collective decision, or to actually vote upon a motion, proposal, or resolution in support of, or opposition to, a ballot proposition so long as any required notice of the meeting includes the title and number of the ballot proposition and members of the legislative body, members of the board, council, or commission of the jurisdiction, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view; and WHEREAS, the City of Pasco has noticed this issue on its agenda including its title and ballot number and has offered an equal opportunity for those opposing the County of Franklin Ballot Proposition No. 1 to express their view; and WHEREAS, the Council, after thorough deliberation, recognizes the potential impact of an increased tax burden and the significant public benefits that the sales and use tax for the maintenance and operation of emergency communication systems and facilities will provide, has resolved to formally support the passage of Franklin County Ballot Proposition No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco collectively voices its support for the passage of upcoming County of Franklin Ballot Proposition No. 1 authorizing Franklin County to impose a two-tenths of one percent sales and use tax for the purposes of providing funds for costs associated with design, acquisition, construction, equipping, operating, maintaining, remodeling, repairing, re-equipping and improvement of emergency 911 communication systems and facilities. Page 91 of 125 Resolution – In Support of County of Franklin Ballot Proposition No. 1 - 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 92 of 125 AGENDA REPORT FOR: City Council August 29, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 9/3/24 FROM: Jacob Gonzalez, Community & Economic Development SUBJECT: Ordinance No. 4725 - Amending PMC Title 3 Connecting Housing to Infrastructure Program (CHIP) (3 minutes) I. REFERENCE(S): Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Ordinance No. 4725, creating a new section 3.35.260 of the Pasco Municipal Code regarding an exemption for utility system to pursuant housing RCW for charges development low-income 35.92.380. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The Connection Housing to Infrastructure Program (CHIP) was created by the Washington State Department of Commerce in 2021 to fund utility connections for affordable housing. By covering the upfront costs of infrastructure and connecting affordable makes program the housing municipal to systems, housing projects more viable and helps bring more affordable housing units online. The program also helps local governments reduce per unit connection fees. When utilities reduce or waive connection fees for affordable, multifamily or infill projects, it can encourage development of more such housing options, which tend to be more affordable and make more efficient use of costly infrastructure. Specifically, CHIP can: Pay for onsite water, sewer and stormwater improvements for the Page 93 of 125 housing development. Pay for offsite water, sewer, and stormwater improvements in the rightof-way, connecting to the development. Reimburse waived system development charges for the project. The 2023-25 funding biennium for CHIP opened for applications on August 1, 2023. A total of $55.5 million was available for local governments across the state. A total of $45.5 million was awarded to organizations in 2023. Grant Criteria: Based on the criteria within the state capital budget, SB 5200 Sec 1021, (Laws of 2023), and criteria developed by Commerce Department to ensure the terms of the appropriation are met, grants must meet the following criteria: Applicant must be a city, county or public utility district, applying in coordination with the developer of a multi-unit affordable housing project, located within a jurisdiction that imposed a sales and use tax under or 82.14.530(1)(b)(i)(B), 82.14.540, RCW 82.14.530(1)(a)(ii), 84.52.105. For system development charge waiver reimbursement, jurisdictions must have an adopted fee waiver program, and documentation that the fees have been waived for the affordable housing units by each provider for water, sewer, and stormwater, in accordance with the budget. The utility project must serve new multi-unit affordable housing projects that low-income serve and benefit households. If the project is a mixedincome project, the affordable portion of the development must be at least 25%. CHIP funds can pay for the system development charges for the affordable units. The affordable housing project should be part of a program that will monitor affordability for a minimum of 25 years, such as the Housing Trust Fund, low-income housing tax credits, housing authority, or a city monitoring process. A covenant and/or note and deed of trust may be required as part of securitization to ensure affordability. Staff introduced this item at the June 24, 2024, City Council Workshop. V. DISCUSSION: In fall 2023, the City of Pasco was approached by a local development company seeking support for an application to the Department of Commerce's CHIP program to fund an affordable housing project, Tierra Vida Phase III. The application was successful, securing $2 million to facilitate the development of 120 housing units on A Street. To comply with the grant conditions, the City of Pasco is required to adopt an Page 94 of 125 ordinance waiving applicable system development charges (SDCs) for housing developments that meet the criteria outlined in RCW 35.92.380. These waived charges will be reimbursed through the CHIP grant. While the city will continue collecting its standard fees, the SDC waiver is essential to qualify for grant reimbursement. The Washington State Department of Commerce has announced new applications for the 2024 CHIP program, offering $12 million in total funding, with individual projects eligible for up to $1 million. The application deadline is October 31, 2024. City staff have prepared an ordinance for Council review. Its adoption would support the development of affordable housing, aligning with the goals set forth in the Pasco Comprehensive Plan and the Housing Action and Implementation Plan. Page 95 of 125 Ordinance Creating PMC Section 3.25.260 - 1 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, CREATING A NEW SECTION 3.35.260 OF THE PASCO MUNICIPAL CODE REGARDING AN EXEMPTION FOR UTILITY SYSTEM DEVELOPMENT CHARGES FOR LOW INCOME HOUSING PURSUANT TO RCW 35.92.380. WHEREAS, pursuant to RCW 35.92.380, municipalities may partially or fully waive system development charges, also referred to tap-in charges, connection or hook-up fees, for housing designated for low-income persons; and WHEREAS, the Pasco Comprehensive Plan, Housing Goal #1 establishes the cities commitment to encouraging housing production for all economic segments of the city’s population; and WHEREAS, the Pasco Housing Action and Implementation Plan identified a need for approximately 23,000 housing units by the year 2045, with the highest housing underproduction and needs for populations under 50% of the area median income; and WHEREAS, numerous factors have combined to severely limit the production of housing; and WHEREAS, exemption of system development charges will assist with, and incentivize the development of affordable housing by enabling housing development to become more economically viable, furthering the production for households with low income; and WHEREAS, the Washington State Legislature, in 2021 authorized the creation of the Connecting Housing to Infrastructure Program (CHIP) which reimburses local governments for waived system development charges. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 3.35.260 entitled “System Development Charges – Waiver for Affordable Housing” of the Pasco Municipal Code shall be and hereby is created and shall read as follow: 3.35.260 System Development Charges – Waiver for Affordable Housing. (1) Purpose. In accordance with RCW 35.92.380, the City may approve the waiver of system development charges for residential multi-unit housing development meeting the requirements of RCW 35.92.385. (a) An exemption granted under this section must be conditioned upon requiring the developer and/or applicant to record a covenant with the Page 96 of 125 Ordinance Creating PMC Section 3.25.260 - 2 Franklin County, Washington Auditors Office in accordance with RCW 35.92.380 and RCW 36.94.370. Section 2. 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 3. 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. Section 4. 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 _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 97 of 125 AGENDA REPORT FOR: City Council August 23, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 9/3/24 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Resolution No. ____ - Authorizing the Purchase of 122 & 124 South 4th Avenue for the Expansion of the Pasco Specialty Kitchen (3 minutes) I. REFERENCE(S): Resolution Purchase and Sale Agreement Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ____, authorizing the purchase of 122 and 124 South 4th Ave, Pasco, WA, and further, for the expansion of the Pasco Specialty Kitchen; and ratifying and confirming prior acts. III. FISCAL IMPACT: Purchase Price - $650,000 IV. HISTORY AND FACTS BRIEF: The City established the Pasco Specialty Kitchen (PSK) as an incubator to support food trucks, mobile vending, and restaurants, aligning with the vision and goals of the Downtown Master Plan. The City is committed to encouraging the growth of these activities in Downtown Pasco and other retail hubs. The existing PSK has been instrumental in empowering culinary entrepreneurs by providing access to a fully equipped, licensed commercial kitchen. The opportunity to purchase the building just south of PSK presents a unique chance for the City to expand this facility. This expansion will offer additional kitchen space and resources for local entrepreneurs and culinary artists, further fostering economic growth and innovation within our community. On July 16, 2024, a Purchase and Sale Agreement was executed with United Page 98 of 125 Western Technologies Corp, the current property owner, contingent upon City Council approval. The terms and conditions of the proposed purchase are detailed in the attached agreement. V. DISCUSSION: Staff recommends approval of the Resolution ratifying the Purchase and Sale Agreement for the purchase of 122 and 124 S 4th Ave, Pasco, WA as it advantageous to the City and meets Council's goals. Page 99 of 125 Resolution - PSA 122 & 124 S 4th Ave for PSK Expansion - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE PURCHASE OF 122 AND 124 SOUTH 4TH AVENUE, PASCO, WA FOR THE EXPANSION OF THE PASCO SPECIALTY KITCHEN; AND RATIFYING AND CONFIRMING PRIOR ACTS. WHEREAS, the Pasco Specialty Kitchen is an incubator for entrepreneurs in the food industry, which increases economic activity and promotes recognition of the Downtown; and WHEREAS, expansion of the Pasco Specialty Kitchen to develop a food hall will provide more space for local entrepreneurs and culinary artists, fostering innovation and enhancing Pasco’s identity as a hub for creativity and business growth; and WHEREAS, Parcel Numbers 112042236 and 112042245, located at 122 and 124 South 4th Avenue respectively, were identified as the optimal location for the proposed improvements, particularly due to their proximity and connection to the Pasco Specialty Kitchen; and WHEREAS, the owner has authorized the sale of the property located at 122 and 124 South 4th Avenue for the amount of six-hundred fifty thousand dollars ($650,000); and WHEREAS, the City and property owner have entered into a Purchase and Sale Agreement (PSA) establishing the terms of the transaction; and WHEREAS, the City has appropriated the funding for the purchase in the amount of the sale price. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Purchase and Sale Agreement, attached hereto as Exhibit A, is satisfactory to the goals and budget for the City of Pasco and the purchase of the subject property is advantageous to the City. Be It Further Resolved, that Council ratifies the execution of the PSA hereby authorizing, empowering, and directing the City Manager of the City of Pasco Washington, to complete the transaction in accordance with the Purchase and Sale Agreement; and to take all necessary steps required to complete the sale. Be It Further Resolved, that this Resolution shall take effect immediately. Page 100 of 125 Resolution - PSA 122 & 124 S 4th Ave for PSK Expansion - 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 101 of 125 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |1 15 SPECIFIC TERMS Reference Date: July 16, 2024 Offer Expiration Date: July 24, 2024 5:00pm 1.PROPERTY: The Property is legally described on Exhibit A. Address: 122 & 124 S. 4th Ave City of Pasco, Franklin County, Washington. Tax Parcel No(s): 112.042.236 and 112.042.245 Included Personal Property: X None; If on and used in connection with the Property, per Section 25 (None, if not completed). 2.BUYER(S): City of Pasco 3.SELLER(S): United Western Technologies Corp 4.PURCHASE PRICE: $ 625,000 Payable as: X Cash; Financing (Form PS_FIN attached); Other 5.EARNEST MONEY: $ 10,000 Dollars; Held by Closing Agent Form of Earnest Money: Check; X Wire Transfer; Note; Other Earnest Money Due Date: X 3 days after Mutual Acceptance; days after satisfaction of Feasibility Contingency; or 6.FEASIBILITY CONTINGENCY DATE: 30 days after Mutual Acceptance 7.CLOSING DATE: on or before within 15 days after satisfaction of Feasibility 8.CLOSING AGENT: Ticor Title | Patty Sweetwood 9.TITLE INSURANCE COMPANY: Ticor Title 10. DEED: X Statutory Warranty Deed; or Bargain and Sale Deed 11.POSSESSION: X on closing; Other: 12. SELLER CITIZENSHIP (FIRPTA): Seller is; X is not a foreign person for the purposes of US income taxation. 13. BUYER’S DEFAULT: X Forfeiture of Earnest Money; Seller’s Election of Remedies 14. SELLER’S DEFAULT: X Recover Earnest Money or Specific Enforcement; Buyer’s Election of Remedies 15. UNPAID UTILITIES: Buyer and Seller X Do Not Waive (Form UA attached); Waive 16. AGENCY DISCLOSURE: Selling Broker represents: X Buyer; Seller; both parties Listing Broker represents: X Seller; both parties 17.BUYER BROKERAGE FIRM COMPENSATION: 3 % of sale price or $ Buyer Date Buyer Date Seller Date Seller Date " " Page 102 of 125 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |2 15 18.EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this Agreement: Earnest Money Promissory Note Back-Up Addendum Blank Promissory Note Vacant Land Addendum Blank Short Form Deed of Trust Financing Addendum Blank Deed of Trust Rider Tenant Estoppel Certificate(s) X Utility Charges Addendum Defeasance Addendum FIRPTA Certification Lead-Based Paint Disclosure Assignment and Assumption X Exhibit A: Legal Description Addendum/Amendment X Exhibit B: Additional Terms 19. IDENTIFICATION OF THE PARTIES. The following is the contact information for the parties involved in this Agreement: Buyer Buyer Contact: Richa Sigdal Contact: Address: 523 N. 3rd Ave. Address: Pasco, WA 99301 Phone: 509.544.3060 Phone: Email: sigdelr@pasco-wa.gov Email: Selling Firm Listing Firm Name: SVN | Retter & Company Name: NAI Tri.Cities Listing Broker: Rob Ellsworth Selling Broker: Roland Rint Address: 329 N. Kellogg St. Address: Kennewick, WA 99336 Phone: 509.430.2378 Phone: Email: Rob@RobEllsworth.com Email: Firm Lic. #: 20279 Firm Lic. #: Broker Lic. #: 17790 Broker Lic. #: Copy of Notices to Buyer to: Copy of Notices to Seller to: Name: Name: Company: Company: Address: Address: Phone: Phone: Email: Email: 20. Purchase and Sale. Buyer agrees to buy and Seller agrees to sell the commercial real estate identified in Section 1 as the Property and all improvements thereon. Unless expressly provided otherwise in this Agreement or its Addenda, the Property shall include (i) all of Seller’s rights, title and interest in the Property, (ii) all easements and rights appurtenant to the Property, (iii) all buildings, fixtures, and improvements on the Property, (iv) all unexpired leases and subleases; and (v) all included personal property. 21. Acceptance; Counteroffers. If this offer is not timely accepted, it shall lapse and the earnest money shall be refunded to Buyer. If either party makes a future counteroffer, the other party shall have until 5:00 p.m. on the day (if not filled in, the second day) following receipt to accept the counteroffer, unless sooner withdrawn. If the counteroffer is not timely accepted or countered, this Agreement shall lapse and the earnest money shall be refunded to Buyer. No acceptance, offer or counteroffer from Buyer is effective until a signed copy is received by Seller, the Listing Broker or the licensed office of the Listing Broker. No acceptance, offer or Buyer Date Buyer Date Seller Date Seller Date # ! Page 103 of 125 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |3 15 counteroffer from Seller is effective until a signed copy is received by Buyer, the Selling Broker or the licensed office of the Selling Broker. "Mutual Acceptance" shall occur when the last counteroffer is signed by the offeree, and the fully-signed counteroffer has been received by the offeror, his or her broker, or the licensed office of the broker. If any party is not represented by a broker, then notices must be delivered to that party and shall be effective when received by that party. 22. Earnest Money. Selling Broker and Selling Firm are authorized to transfer Earnest Money to Closing Agent as necessary. Selling Firm shall deposit any check to be held by Selling Firm within 3 days after receipt or Mutual Acceptance, whichever occurs later. If the Earnest Money is to be held by Selling Firm and is over $10,000, it shall be deposited to: the Selling Firm's pooled trust account (with interest paid to the State Treasurer); or a separate interest bearing trust account in Selling Firm's name, provided that Buyer completes an IRS Form W-9 (if not completed, separate interest bearing trust account). The interest, if any, shall be credited at closing to Buyer. If this sale fails to close, whoever is entitled to the Earnest Money is entitled to interest. Unless otherwise provided in this Agreement, the Earnest Money shall be applicable to the Purchase Price. 23. Title Insurance. a. Title Report. Seller authorizes Buyer, its Lender, Listing Broker, Selling Broker or Closing Agent, at Seller’s expense, to apply for and deliver to Buyer a standard coverage owner’s policy of title insurance from the Title Insurance Company. Buyer shall have the discretion to apply for an extended coverage owner’s policy of title insurance and any endorsements, provided that Buyer shall pay the increased costs associated with an extended policy including the excess premium over that charged for a standard coverage policy, the cost of any endorsements requested by Buyer, and the cost of any survey required by the title insurer. If Seller previously received a preliminary commitment from a title insurer that Buyer declines to use, Buyer shall pay any cancellation fee owing to the original title insurer. Otherwise, the party applying for title insurance shall pay any title cancellation fee, in the event such a fee is assessed. b. Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title report or any supplemental report within the earlier of: (a) days (20 days if not completed) after receipt of the preliminary commitment for title insurance; or (b) the Feasibility Contingency Date. This Agreement shall terminate and Buyer shall receive a refund of the earnest money, less any costs advanced or committed for Buyer, unless within five (5) days of Buyer’s notice of such objections Seller shall give notice, in writing, of its intent to remove all objectionable provisions before Closing. If Seller fails to give timely notice that it will clear all disapproved objections, this Agreement shall automatically terminate and Buyer shall receive a refund of the earnest money, less any costs advanced or committed for Buyer, unless Buyer notifies Seller within three (3) days that Buyer waives any objections which Seller does not agree to remove. If any new title matters are disclosed in a supplemental title report, then the preceding termination, objection and waiver provisions shall apply to the new title matters except that Buyer’s notice of objections must be delivered within three (3) days of receipt of the supplemental report by Buyer and Seller’s response or Buyer’s waiver must be delivered within two (2) days of Buyer’s notice of objections. The Closing Date shall be extended to the extent necessary to permit time for these notices. Buyer shall not be required to object to any mortgage or deed of trust liens, or the statutory lien for real property taxes, and the same shall not be deemed to be Permitted Exceptions; provided, however, that the lien securing any financing which Buyer has agreed to assume shall be a Permitted Exception. Except for the foregoing, those provisions not objected to or for which Buyer waived its objections shall be referred to collectively as the “Permitted Exceptions.” Seller shall reasonably cooperate with Buyer and the title company to clear objectionable title matters and shall provide an affidavit containing the information and reasonable covenants requested by the title company. The title policy shall contain no exceptions other than the General Exclusions and Buyer Date Buyer Date Seller Date Seller Date Page 104 of 125 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |4 15 Exceptions common to such form of policy and the Permitted Exceptions. c. Title Policy. At Closing, Buyer shall receive an ALTA Form 2006 Owner’s Policy of Title Insurance with standard or extended coverage (as specified by Buyer) dated as of the Closing Date in the amount of the Purchase Price, insuring that fee simple title to the Property is vested in Buyer, subject only to the Permitted Exceptions (“Title Policy”), provided that Buyer acknowledges that obtaining extended coverage may be conditioned on the Title Company’s receipt of a satisfactory survey paid for by Buyer. If Buyer elects extended coverage, then Seller shall execute and deliver to the Title Company on or before Closing the such affidavits and other documents as the Title Company reasonably and customarily requires to issue extended coverage. 24. Feasibility Contingency. Buyer’s obligations under this Agreement are conditioned upon Buyer's satisfaction, in Buyer’s sole discretion, concerning all aspects of the Property, including its physical condition; the presence of or absence of any hazardous substances; the contracts and leases affecting the Property; the potential financial performance of the Property; the availability of government permits and approvals; and the feasibility of the Property for Buyer's intended purpose. This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives notice that the Feasibility Contingency is satisfied to Seller before 5:00pm on the Feasibility Contingency Date. If such notice is timely given, the feasibility contingency shall be deemed to be satisfied and Buyer shall be deemed to have accepted and waived any objection regarding any aspects of the Property as they exist on the Feasibility Contingency Date. a. Books, Records, Leases, Agreements. Within 3 days (3 days if not filled in) Seller shall deliver to Buyer or post in an online database maintained by Seller or Listing Broker, to which Buyer has been given unlimited access, true, correct and complete copies of all documents in Seller’s possession or control relating to the ownership, operation, renovation or development of the Property, excluding appraisals or other statements of value, and including the following: statements for real estate taxes, assessments, and utilities for the last three years and year to date; property management agreements and any other agreements with professionals or consultants; leases or other agreements relating to occupancy of all or a portion of the Property and a suite-by-suite schedule of tenants, rents, prepaid rents, deposits and fees; plans, specifications, permits, applications, drawings, surveys, and studies; maintenance records, accounting records and audit reports for the last three years and year to date; any existing environmental reports; any existing surveys; any existing inspection reports; and “Vendor Contracts” which shall include maintenance or service contracts, and installments purchase contracts or leases of personal property or fixtures used in connection with the Property. Buyer shall determine by the Feasibility Contingency Date: (i) whether Seller will agree to terminate any objectionable Vendor Contracts; and (ii) whether Seller will agree to pay any damages or penalties resulting from the termination of objectionable Vendor Contracts. Buyer’s waiver of the Feasibility Contingency shall be deemed Buyer’s acceptance of all Vendor Contracts which Seller has not agreed in writing to terminate. Buyer shall be solely responsible for obtaining any required consents to such assumption and the payment of any assumption fees. Seller shall cooperate with Buyer's efforts to receive any such consents but shall not be required to incur any out-of-pocket expenses or liability in doing so. Any information provided or to be provided by Seller with respect to the Property is solely for Buyer’s convenience and Seller has not made any independent investigation or verification of such information (other than that the documents are true, correct, and complete, as stated above) and makes no representations as to the accuracy or completeness of such information, except to the extent expressly provided otherwise in this Agreement. Seller shall transfer the Vendor Contracts as provided in Section 25. b. Access. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk, to enter the Property at reasonable times subject to the rights of and after legal notice to tenants, to conduct inspections concerning the Property, including without limitation, the structural condition of improvements, hazardous materials, pest infestation, soils conditions, sensitive Buyer Date Buyer Date Seller Date Seller Date Page 105 of 125 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |5 15 areas, wetlands, or other matters affecting the feasibility of the Property for Buyer’s intended use. Buyer shall schedule any entry onto the Property with Seller in advance and shall comply with Seller's reasonable requirements including those relating to security, confidentiality, and disruption of Seller's tenants. Prior to entering the Property and while conducting any inspections, Buyer shall, at no cost or expense to Seller: (a) procure and maintain commercial general liability (occurrence) insurance in an amount no less than $2,000,000 on commercially reasonable terms adequate to insure against all liability arising out of any entry onto or inspections of the Property that lists Seller and Tenant as additional insureds; and (b) deliver to Seller prior to entry upon the Property certificates of insurance for Buyer and any applicable agents or representatives evidencing such required insurance. Buyer shall not perform any invasive testing including environmental inspections beyond a phase I assessment or contact the tenants or property management personnel without obtaining Seller's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Buyer shall restore the Property and all improvements to substantially the same condition they were in prior to inspection. Buyer shall be solely responsible for all costs of its inspections and feasibility analysis and has no authority to bind the Property for purposes of statutory liens. Buyer agrees to indemnify and defend Seller from all liens, costs, claims, and expenses, including attorneys' and experts' fees, arising from or relating to entry onto or inspection of the Property by Buyer and its agents, which obligation shall survive closing. Buyer may continue to enter the Property in accordance with the foregoing terms and conditions after removal or satisfaction of the Feasibility Contingency only for the purpose of leasing or to satisfy conditions of financing. c. Access Insurance (check if applicable). Notwithstanding anything in this Section 24 to the contrary, prior to entering the Property and while conducting any inspections pursuant to subsection (b) above, Buyer shall, at no cost or expense to Seller: (a) procure and maintain commercial general liability (occurrence) insurance in an amount no less than $2,000,000 on commercially reasonable terms adequate to insure against all liability arising out of any entry onto or inspections of the Property that lists Seller and Tenant as additional insureds; and (b) deliver to Seller prior to entry upon the Property certificates of insurance for Buyer and any applicable agents or representatives evidencing such required insurance. d. Buyer waives, to the fullest extent permissible by law, the right to receive a seller disclosure statement (e.g. “Form 17”) if required by RCW 64.06 and its right to rescind this Agreement pursuant thereto. However, if Seller would otherwise be required to provide Buyer with a Form 17, and if the answer to any of the questions in the section of the Form 17 entitled “Environmental” would be “yes,” then Buyer does not waive the receipt of the “Environmental” section of the Form 17 which shall be provided by Seller. 25. Conveyance. Title shall be conveyed subject only to the Permitted Exceptions. If this Agreement is for conveyance of Seller’s vendee’s interest in a Real Estate Contract, the deed shall include a contract vendee’s assignment sufficient to convey after-acquired title. At Closing, Seller and Buyer shall execute and deliver to Closing Agent CBA Form PS-AS Assignment and Assumption Agreement transferring all leases and Vendor Contracts assumed by Buyer pursuant to Section 25(b) and all intangible property transferred pursuant to Section 25(b). 26. Personal Property. a. If this sale includes the personal property located on and used in connection with the Property, Seller will itemize such personal property in an Exhibit to be attached to this Agreement within ten (10) days of Mutual Acceptance. The value assigned to any personal property shall be $ 0 (if not completed, the County-assessed value if available, and if not available, the fair market value determined by an appraiser selected by the Listing Broker and Selling Broker). Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. Buyer Date Buyer Date Seller Date Seller Date Page 106 of 125 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |6 15 b. In addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 24 above, this sale includes all right, title and interest of Seller to the following intangible property now or hereafter existing with respect to the Property including without limitation: all rights-of-way, rights of ingress or egress or other interests in, on, or to, any land, highway, street, road, or avenue, open or proposed, in, on, or across, in front of, abutting or adjoining the Property; all rights to utilities serving the Property; all drawings, plans, specifications and other architectural or engineering work product; all governmental permits, certificates, licenses, authorizations and approvals; all rights, claims, causes of action, and warranties under contracts with contractors, engineers, architects, consultants or other parties associated with the Property; all utility, security and other deposits and reserve accounts made as security for the fulfillment of any of Seller's obligations; any name of or telephone numbers for the Property and related trademarks, service marks or trade dress; and guaranties, warranties or other assurances of performance received. 27. Seller’s Underlying Financing. Unless Buyer is assuming Seller’s underlying financing, Seller shall be responsible for confirming the existing underlying financing is not subject to any "lock out" or similar covenant which would prevent the lender's lien from being released at closing. In addition, Seller shall provide Buyer notice prior to the Feasibility Contingency Date if Seller is required to substitute securities for the Property as collateral for the underlying financing (known as “defeasance”). If Seller provides this notice of defeasance to Buyer, then the parties shall close the transaction in accordance with the process described in CBA Form PS_D or any different process identified in Seller’s defeasance notice to Buyer. 28. Closing of Sale. Buyer and Seller shall deposit with Closing Agent by 12:00 p.m. on the scheduled Closing Date all instruments and monies required to complete the purchase in accordance with this Agreement. Upon receipt of such instruments and monies, Closing Agent shall cause the deed to be recorded and shall pay to Seller, in immediately available funds, the Purchase Price less any costs or other amounts to be paid by Seller at Closing. “Closing” shall be deemed to have occurred when the deed is recorded and the sale proceeds are available to Seller. Time is of the essence in the performance of this Agreement. Sale proceeds shall be considered available to Seller, even if they cannot be disbursed to Seller until the next business day after Closing. Notwithstanding the foregoing, if Seller informed Buyer before the Feasibility Contingency Date that Seller’s underlying financing requires that it be defeased and may not be paid off, then Closing shall be conducted in accordance with the three(3)-day closing process described in CBA Form PS_D. This Agreement is intended to constitute escrow instructions to Closing Agent. Buyer and Seller will provide any supplemental instructions requested by Closing Agent provided the same are consistent with this Agreement. 29. Closing Costs and Prorations. Seller shall deliver an updated rent roll to Closing Agent not later than two (2) days before the scheduled Closing Date in the form required by Section 23(a) and any other information reasonably requested by Closing Agent to allow Closing Agent to prepare a settlement statement for Closing. Seller certifies that the information contained in the rent roll is correct as of the date submitted. Seller shall pay the premium for the owner's standard coverage title policy. Buyer shall pay the excess premium attributable to any extended coverage or endorsements requested by Buyer, and the cost of any survey required in connection with the same. Seller and Buyer shall each pay one-half of the escrow fees. Any real estate excise taxes shall be paid by the party who bears primary responsibility for payment under the applicable statute or code. Real and personal property taxes and assessments payable in the year of closing; collected rents on any existing tenancies; expenses already incurred by Seller that relate to services to be provided to the Property after the Closing Date; interest; utilities; and other operating expenses shall be pro- rated as of Closing. Seller will be charged and credited for the amounts of all of the pro-rated items relating to the period up to and including 11:59 pm Pacific Time on the day preceding the Closing Date, and Buyer will be charged and credited for all of the pro-rated items relating to Buyer Date Buyer Date Seller Date Seller Date Page 107 of 125 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |7 15 the period on and after the Closing Date. If tenants pay any of the foregoing expenses directly, then Closing Agent shall only pro rate those expenses paid by Seller. Buyer shall pay to Seller at Closing an additional sum equal to any utility deposits or mortgage reserves for assumed financing for which Buyer receives the benefit after Closing. Buyer shall pay all costs of financing including the premium for the lender's title policy. If the Property was taxed under a deferred classification prior to Closing, then Seller shall pay all taxes, interest, penalties, deferred taxes or similar items which result from removal of the Property from the deferred classification. At Closing, all refundable deposits on tenancies shall be credited to Buyer or delivered to Buyer for deposit in a trust account if required by state or local law. Buyer shall pay any sales or use tax applicable to the transfer of personal property included in the sale. 30. Post-Closing Adjustments, Collections, and Payments. After Closing, Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items were prorated or credited at Closing based upon estimates. Any bills or invoices received by Buyer after Closing which relate to services rendered or goods delivered to the Seller or the Property prior to Closing shall be paid by Seller upon presentation of such bill or invoice. At Buyer's option, Buyer may pay such bill or invoice and be reimbursed the amount paid plus interest at the rate of 12% per annum beginning fifteen (15) days from the date of Buyer's written demand to Seller for reimbursement until such reimbursement is made. Notwithstanding the foregoing, if tenants pay certain expenses based on estimates subject to a post-closing reconciliation to the actual amount of those expenses, then Buyer shall be entitled to any surplus and shall be liable for any credit resulting from the reconciliation. Rents collected from each tenant after Closing shall be applied first to rentals due most recently from such tenant for the period after closing, and the balance shall be applied for the benefit of Seller for delinquent rentals owed for a period prior to closing. The amounts applied for the benefit of Seller shall be turned over by Buyer to Seller promptly after receipt. Seller shall be entitled to pursue any lawful methods of collection of delinquent rents but shall have no right to evict tenants after Closing. Any adjustment shall be made, if any, within 180 days of the Closing Date, and if a party fails to request an adjustment by notice delivered to the other party within the applicable period set forth above (such notice to specify in reasonable detail the items within the Closing Statement that such party desires to adjust and the reasons for such adjustment), then the allocations and prorations at Closing shall be binding and conclusive against such party. 31. Operations Prior to Closing. Prior to Closing, Seller shall continue to operate the Property in the ordinary course of its business and maintain the Property in the same or better condition than as existing on the date of Mutual Acceptance but shall not be required to repair material damage from casualty except as otherwise provided in this Agreement. After the Feasibility Contingency Date, Seller shall not enter into or modify existing rental agreements or leases (except that Seller may enter into, modify, extend, renew or terminate residential rental agreements or residential leases for periods of 12 months or less in the ordinary course of its business), service contracts, or other agreements affecting the Property which have terms extending beyond Closing without obtaining Buyer's consent, which shall not be withheld unreasonably. 32. Possession. Buyer shall accept possession subject to all tenancies disclosed to Buyer before the Feasibility Contingency Date. 33. Seller’s Representations. Except as disclosed to or known by Buyer prior to the satisfaction or waiver of the Feasibility Contingency, including in the books, records and documents made available to Buyer, or in the title report or any supplemental report or documents referenced therein, Seller represents to Buyer that, to the best of Seller's actual knowledge, each of the following is true as of the date hereof: (a) Seller is authorized to enter into the Agreement, to sell the Property, and to perform its obligations under the Agreement, and no further consent, Buyer Date Buyer Date Seller Date Seller Date Page 108 of 125 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |8 15 waiver, approval or authorization is required from any person or entity to execute and perform under this Agreement; (b) The books, records, leases, agreements and other items delivered to Buyer pursuant to this Agreement comprise all material documents in Seller's possession or control regarding the operation and condition of the Property, are true, accurate and complete to the best of Seller’s knowledge, and no other contracts or agreements exist that will be binding on Buyer after Closing; (c) Seller has not received any written notices that the Property or any business conducted thereon violate any applicable laws, regulations, codes and ordinances; (d) Seller has all certificates of occupancy, permits, and other governmental consents necessary to own and operate the Property for its current use; (e) There is no pending or threatened litigation which would adversely affect the Property or Buyer's ownership thereof after Closing; (f) There is no pending or threatened condemnation or similar proceedings affecting the Property, and the Property is not within the boundaries of any planned or authorized local improvement district; (g) Seller has paid (except to the extent prorated at Closing) all local, state and federal taxes (other than real and personal property taxes and assessments described in Section 28 above) attributable to the period prior to closing which, if not paid, could constitute a lien on Property (including any personal property), or for which Buyer may be held liable after Closing; (h) Seller is not aware of any concealed material defects in the Property except as disclosed to Buyer before the Feasibility Contingency Date; (i) There are no Hazardous Substances (as defined below) currently located in, on, or under the Property in a manner or quantity that presently violates any Environmental Law (as defined below); there are no underground storage tanks located on the Property; and there is no pending or threatened investigation or remedial action by any governmental agency regarding the release of Hazardous Substances or the violation of Environmental Law at the Property; (j) Seller has not granted any options nor obligated itself in any matter whatsoever to sell the Property or any portion thereof to any party other than Buyer; and (k) Neither Seller nor any of its respective partners, members, shareholders or other equity owners, is a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute or executive order; and (l) the individual signing this Agreement on behalf of Seller represents and warrants to Buyer that he or she has the authority to act on behalf of and bind Seller. As used herein, the term "Hazardous Substances" shall mean any substance or material now or hereafter defined or regulated as a hazardous substance, hazardous waste, toxic substance, pollutant, or contaminant under any federal, state, or local law, regulation, or ordinance governing any substance that could cause actual or suspected harm to human health or the environment ("Environmental Law"). The term "Hazardous Substances" specifically includes, but is not limited to, petroleum, petroleum by-products, and asbestos. If prior to Closing Seller or Buyer discovers any information which would cause any of the representations above to be false if the representations were deemed made as of the date of such discovery, then the party discovering the information shall promptly notify the other party in writing and Buyer, as its sole remedy, may elect to terminate this Agreement by giving Seller notice of such termination within five (5) days after Buyer first received actual notice (with the Closing Date extended to accommodate such five (5) day period), and in such event, the Earnest Money Deposit shall be returned to Buyer. Buyer shall give notice of termination within five (5) days of discovering or receiving written notice of the new information. Nothing in this paragraph shall prevent Buyer from pursuing its remedies against Seller if Seller had actual knowledge of the newly discovered information such that a representation provided for above was false. 34. As-Is. Except for the express representations and warranties in this Agreement, (a) Seller makes no representations or warranties regarding the Property; (b) Seller hereby disclaims, and Buyer hereby waives, any and all representations or warranties of any kind, express or Buyer Date Buyer Date Seller Date Seller Date Page 109 of 125 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |9 15 implied, concerning the Property or any portion thereof, as to its condition, value, compliance with laws, status of permits or approvals, existence or absence of hazardous material on site, suitability for Buyer’s intended use, occupancy rate or any other matter of similar or dissimilar nature relating in any way to the Property, including the warranties of fitness for a particular purpose, tenantability, habitability and use; (c) Buyer takes the Property “AS IS” and with all faults; and (d) Buyer represents and warrants to Seller that Buyer has sufficient experience and expertise such that it is reasonable for Buyer to rely on its own pre-closing inspections and investigations. 35. Buyer’s Representations. Buyer represents that Buyer is authorized to enter into the Agreement; to buy the Property; to perform its obligations under the Agreement; and that neither the execution and delivery of this Agreement nor the consummation of the transaction contemplated hereby will: (a) conflict with or result in a breach of any law, regulation, writ, injunction or decree of any court or governmental instrumentality applicable to Buyer; or (b) constitute a breach of any agreement to which Buyer is a party or by which Buyer is bound. The individual signing this Agreement on behalf of Buyer represents that he or she has the authority to act on behalf of and bind Buyer. 36. Claims. Any claim or cause of action with respect to a breach of the representations and warranties set forth herein shall survive for a period of nine (9) months from the Closing Date, at which time such representations and warranties (and any cause of action resulting from a breach thereof not then in litigation, including indemnification claims) shall terminate. Notwithstanding anything to the contrary in this Agreement: (a) Buyer shall not make a claim against Seller for damages for breach or default of any representation or warranty, unless the amount of such claim is reasonably anticipated to exceed $25,000; and (b) under no circumstances shall Seller be liable to Buyer on account of any breach of any representation or warranty in the aggregate in excess of the amount equal to $250,000, except in the event of Seller’s fraud or intentional misrepresentation with respect to any representation or warranty regarding the environmental condition of the Property, in which case Buyer’s damages shall be unlimited. 37. Condemnation and Casualty. Seller bears all risk of loss until Closing, and thereafter Buyer bears all risk of loss. Buyer may terminate this Agreement and obtain a refund of the earnest money if improvements on the Property are materially damaged or if condemnation proceedings are commenced against all or a portion of the Property before Closing, to be exercised by notice to Seller within ten (10) days after Seller’s notice to Buyer of the occurrence of the damage or condemnation proceedings. Damage will be considered material if the cost of repair exceeds the lesser of $100,000 or five percent (5%) of the Purchase Price. Alternatively, Buyer may elect to proceed with closing, in which case, at Closing, Seller shall not be obligated to repair any damage, and shall assign to Buyer all claims and right to proceeds under any property insurance policy and shall credit to Buyer at Closing the amount of any deductible provided for in the policy. 38. FIRPTA Tax Withholding at Closing. Closing Agent is instructed to prepare a certification (CBA or NWMLS Form 22E, or equivalent) that Seller is not a “foreign person” within the meaning of the Foreign Investment in Real Property Tax Act, and Seller shall sign it on or before Closing. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 39. Notices. Unless otherwise specified, any notice required or permitted in, or related to, this Agreement (including revocations of offers and counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and must be delivered to Seller and Listing Broker with a courtesy copy to any other party identified as a recipient of notices in Section 18. A notice to Seller shall be deemed delivered only when received by Seller and Listing Broker, or Buyer Date Buyer Date Seller Date Seller Date Page 110 of 125 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |10 15 the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer, with a copy to Selling Broker and with a courtesy copy to any other party identified as a recipient of notices in Section 18. A notice to Buyer shall be deemed delivered only when received by Buyer and Selling Broker, or the licensed office of Selling Broker. Selling Broker and Listing Broker otherwise have no responsibility to advise parties of receipt of a notice beyond either phoning the represented party or causing a copy of the notice to be delivered to the party's address provided in this Agreement. Buyer and Seller shall keep Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. If any party is not represented by a licensee, then notices must be delivered to and shall be effective when received by that party at the address, fax number, or email indicated in Section 18. Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or document (or a direct link to such notice or document) shall constitute delivery when: (i) the e-mail is sent to both Selling Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page two of this Agreement; or (ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 40. Computation of Time. Unless otherwise specified in this Agreement, any period of time in this Agreement shall mean Pacific Time and shall begin the day after the event starting the period and shall expire at 5:00 p.m. of the last calendar day of the specified period of time, unless the last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, in which case the specified period of time shall expire on the next day that is not a Saturday, Sunday or legal holiday. Any specified period of five (5) days or less shall not include Saturdays, Sundays or legal holidays. Notwithstanding the foregoing, references to specific dates or times or number of hours shall mean those dates, times or number of hours; provided, however, that if the Closing Date falls on a Saturday, Sunday, or legal holiday as defined in RCW 1.16.050, or a date when the county recording office is closed, then the Closing Date shall be the next regular business day. If the parties agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror, then for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to the offeror, rather than on the date the legal description is attached. 41. Assignment. Buyer’s rights and obligations under this Agreement are not assignable without the prior written consent of Seller, which shall not be withheld unreasonably; provided, however, Buyer may assign this Agreement without the consent of Seller, but with notice to Seller, to any entity under common control and ownership of Buyer, provided no such assignment shall relieve Buyer of its obligations hereunder. If the words "and/or assigns" or similar words are used to identify Buyer in Section 2, then this Agreement may be assigned with notice to Seller but without need for Seller's consent. The party identified as the initial Buyer shall remain responsible for those obligations of Buyer stated in this Agreement notwithstanding any assignment and, if this Agreement provides for Seller to finance a portion of the purchase price, then the party identified as the initial Buyer shall guarantee payment of Seller financing. 42. Default and Attorneys’ Fees. a. Buyer's default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the applicable provision as identified in Section 13 shall apply: i. Forfeiture of Earnest Money. Seller may terminate this Agreement and keep that portion of the earnest money that does not exceed five percent (5%) of the Purchase Price as liquidated damages as the sole and exclusive remedy available to Seller for such failure. ii. Seller’s Election of Remedies. Seller may, at its option, (a) terminate this Agreement Buyer Date Buyer Date Seller Date Seller Date Page 111 of 125 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |11 15 and keep that portion of the earnest money that does not exceed five percent (5%) of the Purchase Price as liquidated damages as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue any other rights or remedies available at law or equity. b. Seller's default. In the event Seller fails, without legal excuse, to complete the sale of the Property, then the applicable provision as identified in Section 14 shall apply: i. Recover Earnest Money or Specific Enforcement. As Buyer’s sole remedy, Buyer may either (a) terminate this Agreement and recover all earnest money or fees paid by Buyer whether or not the same are identified as refundable or applicable to the purchase price; or (b) bring suit to specifically enforce this Agreement and recover incidental damages, provided, however, Buyer must file suit within sixty (60) days from the Closing Date or from the date Seller has provided notice to Buyer that Seller will not proceed with closing, whichever is earlier. ii. Buyer’s Election of Remedies. Buyer may, at its option, (a) bring suit against Seller for Buyer's actual damages, (b) bring suit to specifically enforce this Agreement and recover any incidental damages, or (c) pursue any other rights or remedies available at law or equity. c. Neither Buyer nor Seller may recover consequential damages such as lost profits. If Buyer or Seller institutes suit against the other concerning this Agreement, the prevailing party is entitled to reasonable attorneys' fees and costs. In the event of trial, the amount of the attorneys’ fees shall be fixed by the court. The venue of any suit shall be the county in which the Property is located, and this Agreement shall be governed by the laws of the State of Washington without regard to its principles of conflicts of laws. 43. MiscellaneousProvisions. a. Complete Agreement. This Agreement and any addenda and exhibits thereto state the entire understanding of Buyer and Seller regarding the sale of the Property. There are no verbal or other written agreements which modify or affect the Agreement, and no modification of this Agreement shall be effective unless agreed in writing and signed by the parties. b. Counterpart Signatures. This Agreement may be signed in counterpart, each signed counterpart shall be deemed an original, and all counterparts together shall constitute one and the same agreement. c. Electronic Delivery and Signatures. Electronic delivery of documents (e.g., transmission by facsimile or email) including signed offers or counteroffers and notices shall be legally sufficient to bind the party the same as delivery of an original. At the request of either party, or the Closing Agent, the parties will replace electronically delivered offers or counteroffers with original documents. The parties acknowledge that a signature in electronic form has the same legal effect as a handwritten signature. d. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 like-kind exchange, then the other party agrees to cooperate in the completion of the like- kind exchange so long as the cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys’ fees and costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating party at or prior to Closing. Notwithstanding this provision, no party shall be obligated to extend closing as part of its agreement to facilitate completion of a like-kind exchanged. In addition, notwithstanding Section 40 above, any party completing a Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the purposes of completing a reverse exchange. 44. Information Transfer. In the event this Agreement is terminated, Buyer agrees to deliver to Seller within ten (10) days of Seller's written request copies of all materials received from Seller Buyer Date Buyer Date Seller Date Seller Date Page 112 of 125 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |12 15 and any non-privileged plans, studies, reports, inspections, appraisals, surveys, drawings, permits, applications or other development work product relating to the Property in Buyer's possession or control as of the date this Agreement is terminated. 45. Confidentiality. Until and unless closing has been consummated, Buyer and Seller shall follow reasonable measures to prevent unnecessary disclosure of information obtained in connection with the negotiation and performance of this Agreement. Neither party shall use or knowingly permit the use of any such information in any manner detrimental to the other party. 46. Agency Disclosure. Buyer Brokerage Firm, Buyer Brokerage Firm’s Designated Broker, Buyer Brokerage Firm’s Branch Manager (if any) and any of Buyer Brokerage’s Firm’s Managing Brokers who supervise Buyer Broker represent the same party that Buyer Broker represents. Listing Firm, Listing Firm’s Designated Broker, Listing Broker’s Branch Manager (if any), and any of Listing Firm’s Managing Brokers who supervise Listing Broker represent the same party that the Listing Broker represents. All parties acknowledge receipt of the pamphlet entitled “Real Estate Brokerage in Washington.” 47. Buyer Broker’s Compensation Disclosure. a.Compensation from Seller. The compensation offered to Buyer Brokerage Firm by Seller for providing buyer brokerage services to Buyer related to the Property is: X 3 % of the purchase price $ other: . b.Compensation from Listing Firm. The compensation offered to Buyer Brokerage Firm by the Listing Firm for providing buyer brokerage services to Buyer related to the Property is: % of the purchase price $ other: . 48. Seller’s Acceptance and Brokerage Agreement. Seller agrees to sell the Property on the terms and conditions herein. The Listing Firm’s compensation shall be paid as specified in the listing or commission agreement. If there is no written listing or commission agreement, Seller agrees to pay to Listing Firm compensation of 3 % of the sales price or $ . The compensation to Buyer Brokerage Firm shall be paid as set forth in this Agreement. Seller and Buyer consent to Listing Firm and Buyer Brokerage Firm receiving compensation from more than one party and to the sharing of compensation between firms. In any action by Listing Firm or Buyer Brokerage Firm to enforce this Section, the prevailing party is entitled to reasonable attorneys' fees and expenses. The Property described in attached Exhibit A is commercial real estate. Notwithstanding Section 45 above, the pages containing this Section, the parties' signatures and an attachment describing the Property may be recorded. 49. Listing Broker and Selling Broker Disclosure. EXCEPT AS OTHERWISE DISCLOSED IN WRITING TO BUYER OR SELLER, THE SELLING BROKER, LISTING BROKER, AND FIRMS HAVE NOT MADE ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT INVESTIGATION CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S OR SELLER'S FINANCIAL STRENGTH, BOOKS, RECORDS, REPORTS, STUDIES, OR OPERATING STATEMENTS; THE CONDITION OF THE PROPERTY OR ITS IMPROVEMENTS; THE FITNESS OF THE PROPERTY FOR BUYER’S INTENDED USE; OR OTHER MATTERS RELATING TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE PROPERTY'S ZONING, BOUNDARIES, AREA, COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS), OR HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD OR OTHER ALLERGENS. SELLER AND BUYER ARE EACH ADVISED TO ENGAGE QUALIFIED EXPERTS TO ASSIST WITH THESE DUE DILIGENCE AND FEASIBILITY MATTERS, AND ARE FURTHER ADVISED TO SEEK INDEPENDENT LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT. Buyer Date Buyer Date Seller Date Seller Date " Page 113 of 125 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |13 15 IN WITNESS WHEREOF, the parties have signed this Agreement intending to be bound. Buyer City of Pasco Seller United Western Technologies Corp Printed Name and Type of Entity Printed Name and Type of Entity Buyer Seller Signature and Title Signature and Title Date Date Buyer Seller Printed Name and Type of Entity Printed Name and Type of Entity Buyer Seller Signature and Title Signature and Title Date Date Buyer Date Buyer Date Seller Date Seller Date Page 114 of 125 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |14 15 EXHIBIT A * [Legal Description] GERRYS ADD LOTS 11 & 12, BLK 17 AND GERRYS ADD LOTS 7 TO 10, BLK 17 To ensure accuracy in the legal description, consider substituting the legal description contained in the preliminary commitment for title insurance or a copy of the Property’s last vesting deed for this page. Do not neglect to label the substitution “Exhibit A.” You should avoid transcribing the legal description because any error in transcription may render the legal description inaccurate and this Agreement unenforceable. Buyer Date Buyer Date Seller Date Seller Date Page 115 of 125 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |15 15 EXHIBIT B [Additional Terms] Closing of property is subject to final approval of all terms by the Pasco City Council. Seller to insure there are no unexpired leases or subleases on the property at the time of Closing. Buyer Date Buyer Date Seller Date Seller Date Page 116 of 125 ALL OTHER TERMS AND CONDITIONS of the Agreement remain unchanged. INITIALS:Buyer Date Seller Date Buyer Date Seller Date NAI Tri-Cities Commercial 89 Gage Blvd Richland, WA 99352 Phone: 509-943-5200 Fax: 509-943-5244 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PSA Addendum/Amendment to PSA Rev. 7/2020 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT CBA Text Disclaimer:Text deleted by licensee indicated by strike. New text inserted by licensee indicated by small capital letters. The following is part of the Purchase and Sale Agreement with Reference Date JULY 16 ,20 24 (the “Agreement”)between CITY OF PASCO (“Buyer”)and UNITED WESTERN TECHNOLOGIES CORP (“Seller”) regarding the sale of the property located at 122 &124 S.4TH AVE , PASCO ,WA 99301 (the “Property”). IT IS AGREED BETWEEN THE BUYER AND SELLER AS FOLLOWS: PURCHASE PRICE IS $650,000.00,BUILDING SOLD AS-IS. TOTAL COMMISSION PAID BY THE SELLER IS 5%OF THE PURCHASE PRICE. COMMISSION IS TO BE SPLIT AS FOLLOWS: 2.5%TO THE LISTING AGENT AND 2.5%TO THE BUYERS AGENT. Page 1 of 1 Page 117 of 125 Utility Charges Addendum Commercial Brokers Association ALL RIGHTS RESERVED CBA Form UA | Utility Addendum Rev. 7/2020 Page |1 1 The following is part of the Purchase and Sale Agreement with Reference Date July 16, 2024 between City of Pasco (“Buyer”) and United Western Technologies Corp (“Seller”) regarding the sale of the property located at 122 & 124 S. 4th Ave in the City of Pasco, Franklin County, Washington (the “Property”). Pursuant to RCW 60.80, Buyer and Seller request the Closing Agent to administer the disbursement of closing funds necessary to satisfy unpaid utility charges affecting the Property. The names and addresses of all utilities providing service to the Property and having lien rights are as follows: Water District: City of Pasco Name Address City, State Zip Sewer District: City of Pasco Name Address City, State Zip Irrigation District: Name Address City, State Zip Garbage: Basin Disposal Name Address City, State Zip Electricity: Franklin PUD Name Address City, State Zip Gas: Cascade Natural Gas Name Address City, State Zip Buyer Date Buyer Date Seller Date Seller Date Page 118 of 125 Pasco City Council Meeting September 3, 2024 Pa g e 1 1 9 o f 1 2 5 Property Purchase– 122 & 124 S 4th Ave 122 S 4th Ave 124 S 4th Ave Pa g e 1 2 0 o f 1 2 5 Details Approx 7,800 sq ft Price: $650,000 Expansion of Pasco Specialty Kitchen Pa g e 1 2 1 o f 1 2 5 Policy Decision 1.Formally approve the purchase of 122 and 124 S 4th Ave 2.Authorize City Manager to complete the transaction in accordance with the Purchase and Sale Agreement Pa g e 1 2 2 o f 1 2 5 Pasco City Council Meeting September 3, 2024 Pa g e 1 2 3 o f 1 2 5 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 124 of 125 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 125 of 125