HomeMy WebLinkAbout2024.09.16 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, September 16, 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.
6 - 20 (a) Approval of Meeting Minutes for September 3rd and September
9th
To approve the minutes of the Pasco City Council Regular Meeting
held on September 3, 2024, and the Special Meeting and Regular
Workshop held on September 9, 2024.
21 - 22 (b) Bills and Communications - Approving Claims in the Total
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Amount of $8,971,729.33
To approve claims in the total amount of $8,971,729.33
($7,696,535.14 in Check Nos. 266415 - 266751; $11,410.24 in Check
Nos. 54822 - 54831; $1,263,783.95 in Electronic Transfer Nos.
30213629 - 30214328).
23 - 28 (c) Ordinance No. 4726 - Amending PMC Section 3.40.070 Time of
Payment of Impact Fees (2 minutes)
To adopt Ordinance No. 4726, amending the Pasco Municipal Code
Section 3.40.070 "time of Payment of Impact Fee," and further,
authorize publication by title only.
29 - 66 (d) Resolution No. 4493 - Change Order No. 5 for Pasco Water
Reuse Facility Phase 2 Construction Contract with Tapani, Inc.
To approve Resolution No.4493, authorizing the City Manager to
execute Change Order No. 5 with Tapani, Inc. for the Process Water
Reuse Facility Phase 2 Winter Storage Improvements Project.
67 - 77 (e) Resolution No. 4494 - I-182 & Broadmoor Boulevard Interchange
Project Change Order No. 7
To approve Resolution No. 4494, authorizing the City Manager to
execute Change Order No. 7 with Nelson Construction Corp. for the I-
182 and Broadmoor Boulevard Interchange.
78 - 113 (f) Resolution No. 4495 - Axon Enterprise, Inc. First Amendment to
the Master Services and Purchasing Agreement
To adopt Resolution No.4495, authorizing the City Manger to execute
the First Amendment to the Master Services and Purchasing
Agreement with Axon Enterprise, Inc. for the Officer Safety Plan.
114 - 117 (g) Historic Preservation Commission Reappointment of Marilynn
Baker
To confirm the Mayor's reappointment of Marilynn Baker to Position
No. 3 on the Historic Preservation Commission with term expiring on
August 1, 2027.
(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
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
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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
118 - 125 (a) Public Hearing & Ordinance No.4727 - Right-of-Way Vacation for
Alvarado Place (VAC 2024-002) (5 minutes)
HOLD A PUBLIC HEARING
MOTION:I move to adopt Ordinance No. 4727, vacating a 20-foot
Right-of-Way along the eastern property line of Lot 1 of Short Plat 94-
7 located approximately 300 feet east of the intersection of Road 100
and West Court Street, in Pasco, Washington, and, further, authorize
publication by summary only.
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
126 - 168 (a) Ordinance No. 4728 - Osprey Pointe Rezone from I-3 to MU (Z
2024-004) (5 minutes)
MOTION: I move to adopt Ordinance No. 4728, amending the zoning
classification of certain real property located SE of the intersection of
S Grey Avenue and E Ainsworth Avenue, and SW of the intersection
of E Dock Street and SE Road 18, Pasco, Franklin County,
Washington, from I-3 to MU and, further, authorize publication by
summary only.
169 - 181 (b) *Resolution No. 4497 - Acceptance of Work for Fire Station No.
85 (5 minutes)
MOTION: I move to approve Resolution No. 4497, accepting the work
performed by G2 Commercial Construction, Inc., of Kennewick,
Washington, under contract for the City of Pasco's Fire Station No. 85
project.
182 - 205 (c) Resolution No. 4498 - Adopting City Council Rules of Conduct (5
minutes)
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MOTION: I move to approve Resolution No. 4498, adopting the City
Council Rules of Procedure.
10. UNFINISHED BUSINESS
206 - 208 (a) Modification of Comprehensive Plan Amendment CPA2023-001
(Road 100 & Argent) (5 minutes)
MOTION NO. 1: I move to modify Comprehensive Plan Amendment
Application CPA2023-001 to Medium Density Residential and
conduct a public hearing.
OR
MOTION NO. 2: I move to modify Comprehensive Plan Amendment
Application CPA2023-001 to Medium Density Residential and remand
to the Planning Commission for further consideration.
11. NEW BUSINESS
209 - 218 (a) Martin Luther King Jr (MLK) Community Center Improvements
Update (10 minutes)
Presentation by Maria Serra, Public Works Director as status update
for the MLK Jr. Community Center Improvements. Rod Rada,
Architect with Architects West, will be available remotely to address
details of the design upon request.
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
(a) To Consider the Minimum Offering Price for Sale or Lease of
Real Estate if There’s a Likelihood that Disclosure Would
Decrease the Price per RCW 42.30.110(1)(c) with the following
factors influencing the price include land use, minimum price,
location. (15 minutes)
14. ADJOURNMENT
15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
219 - 220 (b) Adopted Council Goals (Reference Only
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(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.)
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AGENDA REPORT
FOR: City Council September 11, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/16/24
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Approval of Meeting Minutes for September 3rd and September 9th
I. REFERENCE(S):
09.03.2024 and 09.09.2024 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Regular Meeting held on
September 3, 2024, and the Special Meeting and Regular Workshop held on
September 9, 2024.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
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MINUTES
City Council Regular Meeting
7:00 PM - Tuesday, September 3, 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;
Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Jesse Rice, Parks
& Recreation Director; Ken Roske, Police Chief; Maria Serra, 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 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.
Bills and Communications - Approving Claims in the Total Amount of
$6,437,980.95 and Write-off Totaling $24,671.00 (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).
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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.
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.
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.
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.
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.
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
National Hispanic Heritage Month Proclamation
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Mayor Serrano read the proclamation for "National Hispanic Heritage Month"
scheduled from September 15 to October 15, 2024. This proclamation will be
presented during the Fiery Foods Festival scheduled on September 14th at
Peanuts Park, Pasco, WA.
PUBLIC COMMENTS
Stan Strebel, Pasco resident and Salvation Army Advisory Board member,
announced that the Salvation Army has plans to build a new facility adjacent of
the Catholic Charites facility near Lewis Street and 20th Avenue.
Dallas Barnes, Pasco resident, expressed concern regarding the Historic
Preservation Commission meetings and stated that he was denied the opportunity
to speak at a recent meeting. He also commented on a public records request he
recently summitted.
Mary Mahoney, Pasco resident, commented on the flood plain near her
residence, loss of bald eagles, animal control related topics and suggestions for
reallocating the Pasco Public Facilities District funding of an aquatics facility to
other projects.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Ms. Barajas reported on the Tri-Cities Regional Chamber of Commerce annual
meeting she recently attended. She also commented on the third (3rd) Capital
Improvement Plan (CIP) open house she attended.
Mr. Grimm reported on Pasco Chamber of Commerce Executive Board meeting
he recently attended. He announced the annual Crawfish Festival scheduled for
September 14th. Lastly, he commented on a recent tour of City facilities including
the wastewater treatment facility and two water treatment plants.
Ms. Blasdell reported on the Pasco Public Facilities District Board meeting and
Visit-Tri Cities Board meeting that she recently attended. Lastly, she commented
on the Tri-Cities Regional Chamber of Commerce annual meeting.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
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
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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 _____
Mr. Ferguson explained the process for supporting or opposing a ballot
proposition based on the law of the Revised Code of Washington (RCW).
Mr. Grimm, Mr. Perales, and Mayor Serrano commented on the proposed ballot
proposition.
Mayor Serrano opened this item up for public comment and no one came forward
or was online.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
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.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
Ordinance No. 4725 - Amending PMC Title 3 Connecting Housing to
Infrastructure Program (CHIP)
Ms. Sigdel provided a brief report for the proposed Pasco Municipal Code (PMC)
amendment related to the affordable housing for low-income population.
Mr. Harpster asked for clarification related to the proposed PMC amendment and
Ms. Sigdel provided the explanations.
Mayor Serrano called for public comments.
John Schline, B-4 Development & Consulting representative, expressed support
for the PMC amendment.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
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.
RESULT: Motion carried unanimously 7-0
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AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
EXECUTIVE SESSION
Council adjourned into Executive Session at 7:38 PM for five (5) minutes returning
at 7:43 PM to consider site selection or acquisition of real estate purchase or
lease if likelihood that disclosure would increase price per RCW 42.30.110(1)(b)
with the City Manager, Deputy City Manager, Parks & Recreation Director, and
City Attorney.
Mayor Serrano called the meeting back to order at 7:44 PM.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS CONTINUED
Resolution No. 4492 - Authorizing the Purchase of 122 & 124 South 4th
Avenue for the Expansion of the Pasco Specialty Kitchen
Ms. Sigdel provided a brief report related to the proposed purchase of property to
expand the Pasco Specialty Kitchen (PSK).
Council and staff discussed the property including the completed property
inspection report, suggested environment assessment due to the building's former
use, the proposed use of the property and how the purchase may enhance the
downtown area.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Barajas
to approve Resolution No. 4492, 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.
RESULT: Motion carried. 6-1
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Harpster, and Councilmember Perales
NAYS: Councilmember Grimm
MISCELLANEOUS DISCUSSION
Mr. Grimm asked if Council would be interested in having the Pasco Public
Facilities District Executive Director come to a Council meeting and give an
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update on the aquatics facility. Council concurred and asked that the presentation
be brief.
Mr. Perales asked if Council would be interested in providing a letter of support for
the Salvation Army new facility project. Council majority concurred that a letter of
support was appropriate.
Mr. Perales asked for more information regarding regarding the recent Historic
Preservation Commission (HPC) meeting.
Mr. Lincoln stated that the recent HPC meeting did not have a quorum of
members attending it. He noted that the HPC meetings have been fairly informal
and there is a need going forward to run those meetings in a more formal manner.
Lastly, the HPC members asked if Council would be interested in an update
related to the Martin Luther King Jr. Center either in the form of a presentation or
a written report.
Mr. Harpster expressed appreciation to staff noting that the current Council Goals
were displayed at the back of the room.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:00 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
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MINUTES
City Council Special Meeting
11:30 AM - Monday, September 9, 2024
Red Lion Hotel, 2525 N 20th Ave., Pasco, WA
ATTENDEES
Councilmembers present: David Milne, Blanche Barajas, Melissa Blasdel, Charles
Grimm, and Peter Harpster
PASCO CHAMBER OF COMMERCE ANNUAL MEETING
A quorum of Pasco City Councilmembers attended the Annual Pasco Chamber of
Commerce Board Meeting, with the focus of listening to a keynote speaker, to
celebrate the Chamber's accomplishments during the past year, the announcement of
the outgoing and incoming board members, as well as celebrate the Business &
Member of the Year recipient(s).
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
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MINUTES
City Council Workshop Meeting
7:00 PM - Monday, September 9, 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; and
Debby Barham, City Clerk
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Grimm reported on the Ben Franklin Transit Board meeting he recently
attended. He also commented on a recent Pasco Police Foundation dinner event.
Mayor Pro Tem Milne reported on a recent tour of Water and Wastewater
facilities. He also commented on the Pasco Chamber of Commerce Annual
Business meeting, as well as a Books and Vines, Pasco Police Foundation and
POPP Tri-Cities events.
PUBLIC HEARING
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Public Hearing - 2023 Comprehensive Plan Amendment Docket
Mr. Gonzalez provided an overview for the two (2) applications for the proposed
amendments to the 2023 Comprehensive Plan including the RCW requirements
for the review of the applications, recommendation from the Planning Commission
and land-use amendment process.
Mayor Pro Tem Milne, Mr. Perales and Mr. Gonzales briefly discussed the to
applications.
Mayor Serrano opened the Public Hearing at 7:24 for public comments for
Comprehensive Plan Amendment No. CPA2022-003 New Heritage.
Courtney Whitten, represents Pasco Road 40, LLC, expressed concern of the
Comprehensive Plan Amendment No. CPA2022-003/SEPA 2022-038 New
Heritage related to the traffic impact study with the addition of the Pasco Road 40,
LLC project, which will generate an estimated 7,000 plus weekday daily trips. She
asked for further detailed Traffic Study and analysis for the New Heritage's
project.
Gracie Valle Chime, Pasco resident and Terra Veda homeowner, spoke in favor
of the Comprehensive Plan Amendment No. CPA2022-003 New Heritage relating
this site to develop a safe and thriving neighbor just like the one she lives in. Ms.
Valle Chime presented a poster to the City from the children who live in Terra
Veda neighborhood.
Mayor Serrano called for public comments related to Comprehensive Plan
Amendment No. CPA2023-001 Clover Planning & Zoning, LLC.
Tom Calvert, Pasco resident, expressed concern for the Comprehensive Plan
Amendment No. CPA2023-001 Clover Planning & Zoning, LLC. He asked for
additional traffic studies before changing the zoning.
Mr. Rieke, Pasco resident, expressed opposition to the Comprehensive Plan
Amendment No. CPA2023-001 Clover Planning & Zoning, LLC.
Pete Rieh, Pasco resident, expressed opposition for the Comprehensive Plan
Amendment No. CPA2023-001 Clover Planning & Zoning, LLC as it is currently
prepared.
Steven Schlegel, Pasco resident, expressed opposition to the Comprehensive
Plan Amendment No. CPA2023-001 Clover Planning & Zoning as it currently
does not have a project associated with it.
Kathy Canea, Pasco resident, expressed opposition to the Comprehensive Plan
Amendment No. CPA2023-001 Clover Planning & Zoning as the surrounding area
is zoned for low density.
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Marie Roach, Pasco resident, expressed opposition to the Comprehensive Plan
Amendment No. CPA2023-001 Clover Planning & Zoning and recommended that
an additional traffic study and analysis is needed for this area. She also
expressed concern related to safety within the neighborhood if a higher density
residential is added in this area.
Shane O'Neill, applicant, explained that the application has been amended after
hearing from the public and reduced the zoning to medium density residential. He
reiterated the Comprehensive Plan amendment process and the Growth
Management Act. He noted that the there is a need for in-fill projects within
Pasco.
Sandra Cook, Pasco resident, expressed opposition to the Comprehensive Plan
Amendment No. CPA2023-001 Clover Planning & Zoning due to the increase of
property taxes, as well as a safety concern.
Mayor Serrano closed the Public Hearing at 7:51 PM.
Mr. Harpster asked several questions regarding the two (2) amendments for New
Heritage Clover Planning & Zoning applications and Mr. Gonzalez replied with
answers. At the end of the discussion, Mr. Harpster recommended that Council
remand the Comprehensive Plan Amendment No. CPA2023-001 Clover Planning
& Zoning back to the Planning Commission due to the applicant's amendment.
Mayor Pro Tem Milne and Mr. Perales expressed their preferences for the land
use designation related to Comprehensive Plan Amendment No. CPA2023-001
Clover Planning & Zoning.
Mr. Gonzalez reiterated the land-use process based on the RCW requirements
and the Pasco Municipal Code. He stated that if Council desires to have
Comprehensive Plan Amendment No. CPA2023-001 Clover Planning & Zoning
remanded back to the Planning Commission, then the other application will be
placed on hold until this application is ready for Council consideration as only one
docket may be presented annually.
ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT
Presentation - Code Enforcement Program
Mr. Gonzalez introduced Troy Hendren, Inspection Services Manager. Mr.
Hendren introduced Ernesto Gomez, Code Enforcement Officer, and Rosanna
Johnson, Lead Code Enforcement Officer who provided the City of Pasco's Code
Enforcement Program presentation.
Council and staff continued discussion regarding the Code Enforcement Program.
Mayor Serrano called for public comments.
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Thomas Granbois, Pasco resident and downtown business owner, commented on
Code Enforcement program that helped keep the downtown area clean over the
past two years. He encouraged Council to continue that program.
Mr. Perales asked if there was a budget for cleaning up garbage in the downtown
area.
Ms. Sigdel stated that there is an abatement fund and that fund may be used to
keep neighborhoods and commercial areas clean. At this time the abatement
fund has been depleted at this time.
Presentation - Animal Control Authority Structure
Mr. Ferguson provided a brief history of the Tri-Cities Animal Control Authority
between the Cities of Kennewick, Richland and Pasco. He referred to two (2)
interlocal agreements (ILA) between the three (3) Cities and described the
purpose and management of the ILA, which created a management committee
and a operating jurisdiction. He described the make up and duties of the
management committee. He stated that the City of Pasco has been the Operating
Jurisdiction since 2007 and he listed the duties of the Operating Jurisdiction. He
addressed the request for an Animal Control Advisory Committee and explained
the concerns if Council, as the legislative branch, were to create an Advisory
Committee noting that Advisory Committee could not give direction to the
management committee and the operating jurisdiction because they are the
executive branch of government, under the separation of government powers.
Mr. Perales commented on the information Mr. Ferguson provided.
Mayor Serrano called for public comments.
Judy Nelson, West Richland resident, commented on the deaths of three animals.
She encouraged the Cities to create an Animal Control Advisory Committee.
Mr. Ferguson clarified that under the current legal structure that an Advisory
Committee is not an option; however, if the legal structure with the three Cities
was amended through an ILA to create an Animal Control Advisory Committee,
then it is possible.
Ms. Pashon informed Council that the TCACA meets quarterly and is open to the
public. A public comment period is available to hear from the public and out of this
model, new processes have been implemented for ACA.
Council and staff continued the discussion related to community input, via
establishing an Advisory Committee or through the public comment period
currently provided during the TCACA meetings.
Resolution - I-182 & Broadmoor Boulevard Interchange Project Change
Order No. 7
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Ms. Sigdel introduced Senior Engineer Juan Loyola and Construction Manager
Christopher Hill from Atlas Technical Consultants, LLC who provided a brief report
related to the proposed Change Order (CO) No. 7 to the I-182 & Broadmoor
Boulevard Interchange Project.
Mr. Milne, Mr. Perales and Mr. Harpster commented on the project and the
additional costs associated with the project.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
Resolution - Change Order No. 5 for Pasco Water Reuse Facility Phase 2
Construction Contract with Tapani, Inc.
Senior Engineer Brittany Whitfield provided a brief report related to the proposed
Change Order (CO) No. 5 for the Pasco Water Reuse Facility (PWRF) Phase 2
project.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
RECESS
Mayor Serrano called a five-minute break at 9:33 PM.
ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT
CONTINUED
2025-2030 Capital Improvement Plan Presentation
Mr. Sigdel provided a third (3rd) presentation related to the proposed 2025-2030
Capital Improvement Plan (CIP).
Mr. Harpster had several questions regarding the proposed projects in the 2025-
2030 CIP and asked the top questions and suggested that he meet with staff to
address the questions. He asked about the traffic calming projects, Argent and
Road 88 traffic, sidewalks needs to be addressed. $23.2 for Sandifer Parkway
and nothing for Road 68 and Burden Boulevard; parks and recreation requests for
ten (10) new facilities and would that increase staffing needs. The PSK kitchen
expansion.
Mr. Grimm commented on the Road 68 and Burden Boulevard and suggested
that another off ramp to connect with Convention Center.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
First Budget Presentation: Utilities
Page 5 of 7Page 18 of 220
Ms. Sigdel provided a brief history of the
Water/Sewer/Stormwater/Irrigation/PWRF Utilities Funds and its budgeting
process. The focus of the presentation was related to rate-funded expenditures
including operational costs like labor, supplies, services, and existing debt
service. As Council is in the process of reviewing the proposed 2025-2030 Capital
Improvement Plan, and the approval of that plan, the 2025-2026 Capital Budget
will rely on the 2025-2030 CIP as its basis for funding key projects.
Mr. Harpster asked about the proposed budget excludes estimated significant
repairs and maintenance.
Mr. Perales asked about rates and water rights.
Mayor Serrano asked if rates are increasing significantly in 2027 and forward and
suggested that a step rate increase may be preferred with rate increases earlier
than 2027. He also asked about the Broadmoor TIF.
Mayor Serrano called for public comments.
Mr. Bauman commented on the CIP projects.
Ordinance - Amending PMC Section 3.40.070 Time of Payment of Impact
Fees
Mr. Gonzalez provided a brief report on the proposed amendment to Section
3.40.070 Time of Payment of Impact Fees within the Pasco Municipal Code
(PMC). She explained that the proposed PMC amendment to extend the deferral
system to include commercial and industrial projects is a strategic move that will
significantly enhance Pasco’s economic development landscape. By allowing
these types of projects to utilize the deferral system, the City can reduce upfront
costs for developers, making it more financially feasible to initiate large-scale
commercial and industrial developments. The fees are deferred until the issuance
of the certificate of occupancy or final inspection. That ensures the payments will
be received before the projects are in operation/occupied.
Mr. Perales asked how many developments are utilizing the deferred cost and
asked for the cost.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
AXON Officer Safety Plan Contract Renewal Presentation
Captain Brian Vaught presented the AXON Officer Safety Plan contract renewal,
which aims to integrate advanced technologies that will enhance officer safety
and operational efficiency.
Mr. Grimm, Mr. Harpster, Mayor Serrano, and Ms. Barajas commented on the
Page 6 of 7Page 19 of 220
proposed contract and additional technology advances that would be included in
the 10-year contract.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Rice announced the Fiery Food Festival scheduled for Saturday, September
14th.
Mr. Gonzalez announced downtown engagement event scheduled on
Wednesday, September 17th.
Mr. Harpster announced a Cornhole tournaments at the City of Richland Habitat
for Humanity event scheduled for Saturday, September 14th at 4:30 PM.
Mr. Grimm announced the Crawfish event hosted by the Pasco Chamber of
Commerce, also scheduled for Saturday, September 14th..
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:40 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
Page 7 of 7Page 20 of 220
AGENDA REPORT
FOR: City Council September 12, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/16/24
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Bills and Communications - Approving Claims in the Total Amount of
$8,971,729.33
I. REFERENCE(S):
Accounts Payable 08.29.24 - 09.11.24
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $8,971,729.33 ($7,696,535.14 in
Check Nos. 266415 - 266751; $11,410.24 in Check Nos. 54822 - 54831;
$1,263,783.95 in Electronic Transfer Nos. 30213629 - 30214328).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 21 of 220
REPORTING PERIOD:
September 16, 2024
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 266415 - 266751 54822 - 54831
Total Check Amount $7,696,535.14 $11,410.24 Total Checks 7,707,945.38$
Electronic Transfer Numbers 30213629 - 30214328
Total EFT Amount $0.00 $1,263,783.95 $0.00 $0.00 Total EFTs 1,263,783.95$
Grand Total 8,971,729.33$
Councilmember B
100 1,000,082.28
110 9,808.83
145 836.97
150 66,278.63
160 131.65
165 2,437.50
168 28,301.36
180 558.76
190 198.00
194 26,850.44
196 HOTEL/ MOTEL EXCISE TAX 15,134.80
367 2,637,516.30
410 3,659,590.82
510 103,106.71
511 17,858.97
515 49,600.47
520 171.81
690 1,353,265.03
GRAND TOTAL ALL FUNDS:8,971,729.33$
August 29 - September 11, 2024
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed
as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such
Adam Lincoln, City Manager Griselda Garcia, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
16th day of September, 2024 that the merchandise or services hereinafter specified have been received and are approved for payment:
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
Councilmember A
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ECONOMIC DEVELOPMENT
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/ SEWER
REVOLVING ABATEMENT
CEMETERY
ATHLETIC PROGRAMS
ANIMAL CONTROL
MULTI-MODAL FACILITY
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
MEDICAL/ DENTAL/ VISION INSURANCE
Page 22 of 220
AGENDA REPORT
FOR: City Council September 12, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/16/24
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: Ordinance No. 4726 - Amending PMC Section 3.40.070 Time of
Payment of Impact Fees (2 minutes)
I. REFERENCE(S):
Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4726, amending the Pasco Municipal
Code Section 3.40.070 "time of Payment of Impact Fee," and further, authorize
publication by title only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
Impact fees are essential one-time charges imposed by local governments on
new development projects to fund new or expanded public facilities, addressing
the increased demand generated by the development. In Pasco, these fees are
collected specifically for traffic mitigation, parks, and public school facilities,
ensuring that capital projects related to the new developments not only benefit
those developments but also serve the broader community.
Following the 2015 passage of ESSB 5923 by the Washington State
Legislature, which mandated cities and counties to defer the collection of
residential impact fees, the Pasco City Council enacted Ordinance No. 4307 in
2016. This ordinance established a deferral system for the City, providing
developers with a structured mechanism to delay payment of impact fees.
In 2023, the Council further expanded this system through Ordinance No.
4688, broadening eligibility beyond single-family homes to include various
Page 23 of 220
housing types, thus enhancing the accessibility and applicability of the deferral
system.
This proposed ordinance to extend the deferral system to include commercial
and industrial projects is a strategic move that will significantly enhance
Pasco’s economic development landscape. By allowing these types of projects
to utilize the deferral system, we can reduce upfront costs for developers,
making it more financially feasible to initiate large-scale commercial and
industrial developments. The fees are deferred until the issuance of the
certificate of occupancy or final inspection. That ensures the payments will be
received before the projects are in operation/occupied.
V. DISCUSSION:
Staff presented this amendment to Council at the September 9, 2024, Council
Workshop. To date, five residential development projects have applied for an
impact fee deferral, representing approximately $1,953,972 in total impact fee
deferral amount. One of the applications has since paid the deferral amount.
The average deferral amount on the five residential developments is
$473,474.00
Staff recommends approving the proposed ordinance to extend the deferral
system to include commercial and industrial projects and further faciliate
economic development opportunities.
Page 24 of 220
Ordinance – Amending PMC 3.40.070 - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE SECTION 3.40.070 “TIME OF
PAYMENT OF IMPACT FEE”.
WHEREAS, the Washington State Legislature adopted the Growth Management Act,
which authorizes the collection of impact fees on development activity to provide necessary
public facilities that serve new growth and development; and
WHEREAS, the Washington State Legislature adopted ESB 5293 in 2015 for counties,
cities, and towns that collect impact fees to adopt a fee deferral process single-family detached
and attached residential construction, which allows applicants to pay impact fees near the end of
the construction process rather than at the beginning; and
WHEREAS, the Pasco City Council adopted Ordinance No 3719 in March 2005
establishing impact fees, including a process for deferring impact fees for single-family
residences; and
WHEREAS, the Pasco City Council adopted Ordinance No. 4688 in November 2023
updating the deferral process for single-family detached and attached residential construction;
and
WHEREAS, the City has decided to expand the deferral process to encompass
commercial and industrial construction as it is expected to stimulate local economic growth.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That Section 3.40.070 entitled “Time of Payment of Impact Fee” of the
Pasco Municipal Code is hereby amended and shall read as follows:
3.40.070 Time of Payment of Impact Fee.
(1) All developers shall pay an impact fee in accordance with the provisions of this
chapter at the time that the applicable development permit is available for
issuance.
The impact fee as initially calculated, after issuance of a development permit,
may be recalculated at the time of payment if the development is modified or
conditioned in such a way as to alter the trip generation rate for the
development.
Page 25 of 220
Ordinance – Amending PMC 3.40.070 - 2
No development permit shall be issued until the impact fee is paid, except that
when developers of residential subdivisions, short plats, or planned unit
developments may defer payment until building permits are issued for the lots
within the subdivision, short plat, or planned unit development.
A developer may obtain a preliminary determination of the impact fee before
application for a development permit upon providing the Director of
Community and Economic Development with the information necessary for
processing the application.
Impact fees may be paid under protest in order to obtain a permit or other
approval of development activity.
(2) Deferral of Impact Fees. For each residence construction permit for which any
impact fee deferral is applied for, an administrative fee set in Chapter 3.35 PMC
must simultaneously be paid to the City due to the increased burden placed on
City staff for processing, recording and monitoring such deferrals.
(a) A separate application must be submitted for each residence being
constructed construction permit. Each applicant, in accordance with his or
her contractor registration number or other unique identification number, is
entitled to annually receive deferrals for twenty (20) construction building
permits. The Community & Economic Development Director is authorized
to grant additional deferrals beyond the standard entitlement of twenty (20).
If the City at any time collects impact fees on behalf of one or more school
districts for which the collection of impact fees could be delayed, the City
must consult with the district or districts about the additional deferrals. The
City must give additional weight to recommendations of each applicable
school district regarding the number of deferrals. If the City disagrees with
the recommendations of one or more school districts, the City must provide
the district or districts with a written rationale for its decision.
(b) The period of deferral expires at the earliest of:
(i) The time of final inspection by the City;
(ii) The time of issuance of a certificate of occupancy by the City;
(iii) The time of closing or the first transfer of the property occurring
after the issuance of the applicable building permit; or
(iv) Eighteen months after the building permit is issued by the City.
(c) Final inspection and a certificate of occupancy will not be conducted or
Page 26 of 220
Ordinance – Amending PMC 3.40.070 - 3
issued until payment in full of the impact fees is made. For the first transfer
of the property, the impact fees shall be paid at closing if they have not been
previously paid. Unless an agreement to the contrary is reached between the
buyer and the seller, the payment of impact fees due at closing of a sale
must be made from the seller’s proceeds. In the absence of an agreement to
the contrary, the seller bears strict liability for the payment of the impact
fees.
(d) The applicant for impact fee deferral must grant and record in favor of the
City an impact fee lien in the amount of the deferred impact fee. The lien
must be in a form signed, dated and approved by the City Attorney, and
signed by all owners of the property and persons or entities holding any
interest in the property, with all signatures acknowledged as required for a
deed, and recorded among the appropriate land records of Franklin County.
Proof of such recording shall be submitted to the City before a building
permit may be issued. The lien must specify that it is binding on all
successors in title after the recordation. The lien may specify that it is
subordinate to one mortgage for the purpose of construction upon the same
real property granted by the applicant for impact fee deferral. A mortgage,
deed of trust or other financing mechanism shall be limited to the property
upon which construction of one single-family residence will occur. A lien
not paid when due shall bear interest at the statutory rate. A lien shall
become due at the expiration of the deferral date.
(e) If impact fees are not paid in accordance with this section, the City may
institute foreclosure proceedings in accordance with Chapter 61.12 RCW.
If the City of Pasco does not institute foreclosure proceedings for unpaid
school impact fees within 45 days after receiving notice from a school
district requesting that it do so, the district may institute foreclosure
proceedings with respect to the unpaid school impact fees.
(f) After full payment of impact fees, and upon written request of the person
paying said fees containing the name and address of the requester together
with a copy of a proposed lien release form, the City, upon approval by the
City Attorney, shall sign a lien release and deliver it to the person paying
said fee either in person or by first-class mail. The property owner at the
time of the release, at his or her expense, is responsible for recording the
lien release.
(g) An annual report shall be prepared by the Department of Community and
Economic Development Department evaluating and summarizing the
impact(s) of the deferral program.
Page 27 of 220
Ordinance – Amending PMC 3.40.070 - 4
[Ord. 4688 § 1, 2023; Ord. 4307, 2016; Ord. 3719 § 1, 2005; Code 1970 §
3.132.060.]
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 28 of 220
AGENDA REPORT
FOR: City Council September 11, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/16/24
FROM: Maria Serra, Director
Public Works
SUBJECT: Resolution No. 4493 - Change Order No. 5 for Pasco Water Reuse
Facility Phase 2 Construction Contract with Tapani, Inc.
I. REFERENCE(S):
Resolution
Exhibit A – Change Order No. 5
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No.4493, authorizing the City Manager
to execute Change Order No. 5 with Tapani, Inc. for the Process Water Reuse
Facility Phase 2 Winter Storage Improvements Project.
III. FISCAL IMPACT:
Engineer's Construction Estimate $45,488,837.00
Awarded Construction Contract Amount $31,588,246.92
Previously Approved Change Orders No. 1-4 $728,022.52
Proposed Change Order No. 5 $171,616.26
New Contract Total $32,487,885.70
The proposed change order can be accommodated within the project budget.
The project is funded through a State Revolving Fund (SRF) low interest loan
awarded by Washington State Department of Ecology under agreement WQC-
2024-Pasco-00091, which was authorized through adoption of Resolution No.
4425 on March 4, 2024. Total contract changes including proposed Change
Order No. 5 represent approximately 2.85% of the original awarded construction
contract amount.
Page 29 of 220
IV. HISTORY AND FACTS BRIEF:
The construction project for the project was awarded to Tapani, Inc. on
September an complete, 79% currently with project The 2023. 11, is
anticipated construction completion in March 2025.
Since construction began four (4) Change Orders (CO) have been approved as
follows:
Previously approved CO No. 1 provided for the construction and installation of
twenty-one (21) artificial owl burrows to comply with federal funding and
environmental mitigation requirements. CO No. 1 was fully executed on March
13, 2024, under the authority delegated to the Public Works Director.
Council approved Resolution No. 4433 on March 18, 2024, authorized the City
Manager to execute CO No. 2 with Tapani, Inc. on behalf of the City. CO No. 2
addressed modifications construction material substitutions and structural
needed for fully functional installation of approved system components as well
as maintaining compliance with federal funding and regulatory requirements.
Council approved Resolution No. 4441 on April 15, 2024, authorized the City
Manager to execute CO No. 3 with Tapani, Inc. on behalf of the City. CO No. 3
addressed new piping and existing facility infrastructure modifications needed
to maintain fully functioning process water customer connections and tie-ins.
Previously approved CO No. 4 mainly addressed installation of below-grade
polyethylene encasement for the new lagoon concrete outlet structures. The
encasement provides an effective barrier for electrical isolation between the
structures and native soils when performing the lagoon liner electronic leak
detection testing every five (5) years in accordance with regulatory
requirements. CO No. 4 was fully executed on May 2, 2024, under the authority
delegated to the Public Works Director and City Manager.
V. DISCUSSION:
Change Proposal Requests (CPRs) were identified, reviewed, and packaged
for approval into proposed CO No. 5 and are outlined as follows:
1. Additional scope for abandoning the 16" overflow piping and
appurtenances within the interior of the existing 123 million gallon (MG)
lagoon is needed for a complete and functioning installation of the
connections between new and existing winter storage lagoons. The
design demolition plan only indicated abandonment of overflow pipes
along the 123 MG lagoon perimeter.
Page 30 of 220
2. Structural modifications to each new winter storage lagoon are needed
to install reinforced concrete apron slabs at each lagoon inlet pipe
location (11 total). Construction of the inlet pipe apron slabs and
these in erosion mitigates soil anchoring liner associated systems
locations where larger diameter pipes are installed within the sloped
earthen embankment walls.
3. Additional supply of twenty (20) gate remotes compatible with the new
automated slide gate access system. The design specifications included
manual access keypads without other means of gate access.
4. Existing water level controls and instrumentation in the Irrigation Pump
Station (IPS) flow splitter box needs to be relocated to the wet well side
of structure, the which was identified through the Request for
Information (RFI) process.
These itemized changes will constitute a fifth change order to the project in the
amount of $171,616.26 with an increase of 10 working days added to the
original contract time. The cost of CO No. 5 exceeds the Public Works Director
delegated approval authority.
This item was presented to Council at the September 9, 2024 Workshop
Meeting.
City Staff recommends approval of CO No. 5 in the amount of $171,616.26 for
the PWRF - Phase 2 Winter Storage Pond project.
Page 31 of 220
Resolution - CO No. 5 for PWRF Phase 2 - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO.
5 WITH TAPANI, INC. FOR THE PROCESS WATER REUSE FACILITY
PHASE 2 WINTER STORAGE IMPROVEMENTS PROJECT.
WHEREAS, the City of Pasco (City) and Tapani, Inc. entered into a Construction Contract
on September 11, 2023, for construction of the Process Water Reuse Facility (PWRF) Phase 2
Winter Storage Pond Improvements; and
WHEREAS, previously approved Change Order No. 1 was under the authority provided
to the Public Works Director; and
WHEREAS, previously approved Change Order No. 2 was under the authority provided
to the City Manager via Council adoption of Resolution No. 4433 on March 18, 2024; and
WHEREAS, previously approved Change Order No. 3 was under the authority provided
to the City Manager via Council adoption of Resolution No. 4441 on April 15, 2024; and
WHEREAS, previously approved Change Order No. 4 was under the authority provided
to the City Manager and Public Works Director; and
WHEREAS, proposed Change Order No. 5 is issued to address piping and structural
modifications required to extend operational service life of the new winter storage lagoon system
in addition to minor electrical modifications to support proper function of site access gates and
process water level measurement telemetry devices; and
WHEREAS, the $171,616.26 amount of Change Order No. 5 added to the cumulative sum
of previously approved Change Orders, exceeds the City Manager’s authority, and thus determined
to obtain Council approval; 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 Change
Order No. 5 with Tapani, Inc.
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 Change
Order No. 5 between the City of Pasco and Tapani, Inc. as attached hereto and incorporated herein
as Exhibit A.
Page 32 of 220
Resolution - CO No. 5 for PWRF Phase 2 - 2
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute said Change Order No. 5 on behalf of the City of
Pasco.
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 33 of 220
8/5/2024
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Page 59 of 220
Pasco City Council Regular
Meeting
September 16, 2024
Pa
g
e
6
0
o
f
2
2
0
PWRF
Improvements
Phase 3
PWRF Phase 2 Project Update
106 MG COW Water Lagoon
Existing 123 MG Lagoon
103 MG Lagoon
120 MG Lagoon
Existing 35 MG Lagoon
Pa
g
e
6
1
o
f
2
2
0
PWRF Phase 2 Project Update
Approximately 79% complete as of August 2024.
Lagoon outlet structures complete with exception
of pedestrian bridge and slipmeter installations.
Darigold 106 MG lagoon liner system installation
currently complete.
103 MG, 106 MG, and 120 MG lagoon liner
installations and leak testing completion by October
2024.
Pa
g
e
6
2
o
f
2
2
0
PWRF Phase 2 Construction Costs
CostContract
$31,588,247Construction Contract w/Tapani
$31,529Change Order No. 1 (PW Director)
$250,835Change Order No. 2 (Res. No. 4433)
$264,489Change Order No. 3 (Res. No. 4441)
$181,171Change Order No. 4 (City Manager)
$171,616Change Order No. 5 (Proposed)*
$32,487,886Total Project Cost
*No impact to total project budget and fully funded through Ecology Construction Loan
Pa
g
e
6
3
o
f
2
2
0
Proposed Change Order N0. 5
oCPR 16 - Additional scope
for abandoning overflow
piping within the existing 123
MG lagoon (Add of $30.4k).
oCPR 17 - Installation of 11
reinforced concrete aprons
around new lagoon inlet
pipes to mitigate slope
erosion (Add of $124k).
CPR 17 – Inlet Pipe Apron Slab Installation
Pa
g
e
6
4
o
f
2
2
0
Proposed Change Order N0. 5
oCPR 18 - Purchase of 20 gate
remotes to supplement operation
of access gate keypads included in
design. (Add of $1.8k).
oCPR 19 - Relocation of IPS Splitter
Box instrumentation to ensure
proper function of process water
level measurement (Add of $2.5k).
CPR 19 – Location of
IPS Splitter Box
Pa
g
e
6
5
o
f
2
2
0
Questions?
Pa
g
e
6
6
o
f
2
2
0
AGENDA REPORT
FOR: City Council September 11, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/16/24
FROM: Maria Serra, Public Works Director
Public Works
SUBJECT: Resolution No. 4494 - I-182 & Broadmoor Boulevard Interchange
Project Change Order No. 7
I. REFERENCE(S):
Resolution
Exhibit A - Change Order No. 7
Power Point Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4494, authorizing the City
Manager to execute Change Order No. 7 with Nelson Construction Corp. for
the I-182 and Broadmoor Boulevard Interchange.
III. FISCAL IMPACT:
Awarded Construction Contract Amount = $6,691,534.74
Change Order No. 1 – No. 6 = $533,703.68
Change Order No. 7 = $91,428.00
New Contract Total = $7,316,666.42
IV. HISTORY AND FACTS BRIEF:
The existing freeway interchange (I/C) at Broadmoor Blvd. (Rd. 100) and I-182
serves as the areas primary access point for a large segment of the City's
population in the westerly portion of the City of Pasco (City). As development
has have I/C the on demands existing past the over occurred decade,
increased proportionately. The cumulative effects of increased commercial
development to the south of the interstate; office and commercial uses along
Sandifur and Blvd.; residential development east of Broadmoor/Rd. 100;
development of Burns Rd. between Rd. 68 and Broadmoor Blvd. have all
served to fully utilize the existing I/C.
Page 67 of 220
Several improvements to the I/C were identified in collaboration with
Washington State Department of Transportation (WSDOT), Federal Highway
Administration (FHA), the City, and local development community and on June
30 ,2023, Council adopted Resolution 4363 which awarded the construction
contract Blvd. Broadmoor & I-182 the Nelson Corp., Construction to for
Interchange. The contract’s I/C improvements include the construction of an
additional eastbound deceleration lane on I-182, a new looped off ramp for
northbound Broadmoor Blvd traffic, and a roundabout to replace the existing
signal at the eastbound on/off ramps and Broadmoor Blvd intersection.
Since the project’s initiation several change orders have been identified,
reviewed, and approved under the authority delegated to the Public Works
Director, City Manager, and City of Pasco Council. Previously approved
Change Orders (CO) No. 1 – No. 4 were approved under the authority of the
Public Works Director and City Manager. CO No. 5, approved by Council on
April 17, 2024, included the addition of steel reinforcement to Cement Concrete
Pavement, which was missed on the contract documents. CO No. 6, approved
by Council on July 08, 2024, added multiple items required to meet WSDOT
standards.
V. DISCUSSION:
CO No. 7 includes changes due to unforeseen site conditions, items missed
from the contract, and additional items place on the contract by WSDOT.
The cost of CO No. 7 in the amount of $91,428.00 exceeds the Public Works
Director delegated approval authority. Items in the change order include
additional surveying for the I-182 eastbound off-ramp, changes to grate inlets
to meet the Americans with Disabilities Act (ADA) requirement, weed and pest
control of the site, third party damages, detectable warning surfaces for ADA
compliant curb ramps, testing of storm water sewer pipe, and additional
grading for the installation of luminaire poles.
This Item was discussed at Council's Workshop of September 09, 2024.
City of Pasco staff has reviewed CO No. 7 and recommends approval in the
amount of $91,428.00.
Page 68 of 220
Resolution – I-182 & Broadmoor Interchange CO No.7 - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO.
7 WITH NELSON CONSTRUCTION CORP. FOR THE I-182 & BROADMOOR
BLVD. INTERCHANGE.
WHEREAS, the City of Pasco (City), and Nelson Construction Corp. entered into a
Construction Contract on June 30, 2023, for construction of the I-182 & Broadmoor Blvd.
Interchange Project; and
WHEREAS, I-182 & Broadmoor Blvd. Interchange Project addressed the need for a
deceleration lane on Eastbound I-182 offramp, a new loop ramp connecting to Northbound
Broadmoor Boulevard, a roundabout at the Eastbound Terminal of Broadmoor Boulevard, active
transportation improvements, and other work; and
WHEREAS, previously approved Change Orders No. 1 – No. 4 was under the authority
provided to the Public Works Director; and
WHEREAS, Change Order No. 5 and No. 6 were both approved by City Council and
executed on April 17, 2024, and July 8, 2024, respectively; and
WHEREAS, Change Order No. 7 addresses multiple changes to the contract that were
either the result of unforeseen site conditions, modifications identified during construction, or
additional requirements placed on the contract by the Washington State Department of
Transportation (WSDOT); and
WHEREAS, the $91,428.00 amount of Change Order No. 7 added to the cumulative sum
of the previously approved Change Orders, exceeds the City Manager’s authority, and thus
determined to obtain Council Approval; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City to enter into Change Order No.
7 with Nelson Construction Corp.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of Change
Order No. 7 between the City of Pasco and Nelson Construction Corp. as attached hereto and
incorporated in Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute said Change Order No. 7 on behalf of the City of
Pasco.
Page 69 of 220
Resolution – I-182 & Broadmoor Interchange CO No.7 - 2
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 70 of 220
Project No:21-292 I-182 and Broadmoor Boulevard Interchange
Contractor:
Description of Change:
Detail as Appropriate:
Item Cost Totals
107 1,600.00$
108 5,000.00$
109 5,000.00$
110 50,000.00$
111 4,588.00$
112 13,160.00$
113 10,580.00$
114 1,500.00$
Contract Bid Amount:6,144,660.00$
SALES TAX @ 8.9%:546,874.74$
Total:6,691,534.74$
Subtotal including tax Subtotal
No tax
Total Total
Total Change Orders To Date 625,131.68$
New Contract Amount
YES NO
APPROVED:
CONTRACTOR Date Date
APPROVED:
Date Date
APPROVED:
Structural Excavation Class B Include Haul & shoring, Lump Sum
91,428.00$
APPROVED:
7,316,666.42$
IS CONTRACT TIME AFFECTED BY THIS CHANGE ORDER
Contract Time Prior to this Change Order…………………………..360
Modification to Contract Time by this Change Order………………
PREVIOUS CHANGE ORDERS TOTAL CURRENT CHANGE ORDER
Project Weed and Pest Control, Force Acount
Third Party Damage, Force Account
Detectable Warning Surface, 124 SF @$37.00/SF
Luminaire Pole Grading Costs, Lum Sum
CITY OF PASCO
PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 7
Project Title:
Nelson Construction Corp.
Items not included in the original contract, or modifications identified during construction.
This C. O. adds the following items. Payment method for each new item will be as listed. For details of each
item see page two of this document. The following items are required for the project's success and by
WSDOT.
PROJECT MANAGER
APPROVED:
Revised Total Contract Time…………………………………………360
It is mutually agreed by both parties that this Change Order fully describes the change(s) that is (are) being made and that the compensation
for this Change Order is full and complete and is the only compensation due or owing for this Change Order. Further, it is mutually agreed
that this document will supplement the present Contract Documents and that the provisions of the previously executed Contract Documents
shall apply to this Change Order.
AGREED TO AND ACCEPTED:
Additional Surveying/partnering, lump sum
Description and Payment Method
Bridge inlet grate type change out 4 each, Lump Sum
Testing Storm Sewer Pipe,Lump Sum
0
533,703.68$ 91,428.00$
533,703.68$
CONSTRUCTION MANAGER DEPUTY PW DIRECTOR-ENGINEERING
Page 1 of 2Page 71 of 220
Date Date
107
108
109
110
111
112
113
114
Additional surveying for deceleration ramp east bound/partnering, lump sum
PUBLIC WORKS DIRECTOR CITY MANAGER
In Change order #6 the cost of surveying for the correction of the grades and concrete widths on the EB off ramp deleration taper was not
included in the lump sum amount. This lunp sum amount was negotiated as a partnering opportunity.
Bridge inlet grate type change out 4 each, Lump sum
Grate tops on inlets located at the four corners of the overcrossing bridge are not ADA compliant. This change order replaces existing
welded covers with duel vaned Grates and frames. All work will be in accordance with the contract documants. A lump sum payment will
be made for the installation of 4 vaned grates and frames.
Project weed and pest control, Force Acount
Wsdot requires weeding and pest control be accomplished prior to seeding and mulchimg of areas to be seeded. This item accommodates
that requirement. All work will be in accordance with the contract documents.
Third Party Damage, Force Account
WSDOT specifications require an item to pay for damage caused by third parties. This item accommodates that requirement. Information
for this item is contained in the contract documents.
Contract Plans Set Resolutions, Lump Sum
WSDOT Specifications required an item to pay for excavating and shoring for the placement of storm sewer pipe. This Lump Sum amount is
to compensate the contractor for the Structure excavation and for shoring of the storm sewers trenches. All work is to be in accordance
with the contract documents. A lump sum payment will be made for all storm sewer sytem excavation and shoring of trenches associated
with CB1 - CB6 and the culvert in the origninal bid contract documents.
Detectable Warning Surface, Square Foot
WSDOT specifications pays for Detectable Warning Surface (DWS) separatly when placed in a sidewalk that is not part of an ADA ramp.
There are multiple locations on the project with this situation. This item accommodates that requirement. All work for this item will be in
accordance with the contract documents..
Testing Storm Sewer Pipe,Lump Sum
WSDOT Specifications require storm sewer pipe be tested. This item accommodates that requirement. All work will be in accordance with
the 2023 WSDOT standard specifications, considered part of this contract. Paymant will be a lump sum amount for up to 1060 LF of storm
sewer pipe. A lump sum payment will be made for the testing of all storm sewer pipes installed on the project.
Luminaire Pole Grading Costs, Lump Sum
The plans were ambiguous as to the need for the embankment around the luminaire poles . WSDOT required this embankment to create a
safe break away base. Material was paid through existing items however added labor and equipment was requied to place this material
after the inital embankment was built. This item compensates the contractor for that added cost.
Page 2 of 2Page 72 of 220
Change Order No. 7 Approval –
Multiple Misc. Contract Changes
Pa
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0
I-182 & Broadmoor Blvd.
Interchange Overview
Approximately 80% complete as of August 2024.
Project is currently scheduled for completion December 2024.
Summary of Project Construction Costs
o Construction Contract Award w/Nelson Construction, Corp. (June 2023) = $6,691,534.74
o Change Order No. 1 – No.6 (Previously Approved) = $533,703.68
o Change Order No. 7 (Council Approval) = $91,428.00
o New Total (All Changes) = $7,316,666.42 MS0
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PWRF
Improvements
Phase 3
I-182 & Broadmoor Blvd.
Interchange Project
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Proposed Change Order N0. 7
The following contract changes are needed to address unforeseen site conditions, items
missed from the original contract, and additional requirements placed by Washington State
Department of Transportation (WSDOT).
1. Additional Surveying
2. Bridge Inlet Grates
3. Weed and Pest Control
4. Third Party Damages
5. Detectable Warning Surface
6. Structural Excavation
7. Storm Sewer Testing
8. Luminaire Pole Grading
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Questions?
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AGENDA REPORT
FOR: City Council September 10, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/16/24
FROM: Ken Roske, Police Chief
Police Department
SUBJECT: Resolution No. 4495 - Axon Enterprise, Inc. First Amendment to the
Master Services and Purchasing Agreement
I. REFERENCE(S):
Resolution
Axon Enterprise, Inc. First Amendment to the Master Services and Purchasing
Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Resolution No.4495, authorizing the City Manger to
execute and Services Master the Purchasing Amendment First the to
Agreement with Axon Enterprise, Inc. for the Officer Safety Plan.
III. FISCAL IMPACT:
For the upcoming biennium budget, if the Pasco Police Department accepts
the proposed 10-year AXON Officer Safety Plan Contract Renewal, the rate will
be $506,136.00 annually including taxes, and begin to increase in the following
biennium.
IV. HISTORY AND FACTS BRIEF:
In 2016, the Pasco Police Department (PPD) embarked on a strategic initiative
to enhance transparency and accountability by exploring the deployment of
body-worn a was move This cameras its for (BWC) natural officers.
progression for a department that had already experienced two decades of
success with patrol vehicle dash cameras. Recognizing the advancements in
technology and the growing demand for transparency in law enforcement, the
PPD began a comprehensive evaluation of potential vendors and developed a
policy framework for implementing a BWC program.
By 2018, after thorough consideration, the PPD identified Axon as the industry
Page 78 of 220
leader in body-worn camera technology. The department adopted Axon’s
products, launching the BWC program in early 2019, as an early pioneer of
BWC in police departments across the country. The implementation of this
technology marked a significant milestone for the department, proving
invaluable not only in evidence collection but also in bolstering public trust
through also program’s the success transparency. increased However,
highlighted the growing need for cloud-based evidence storage, as the volume
of video data quickly approached the limits set in the initial contract. This
prompted a reevaluation of the department's storage needs, ultimately leading
to the proposal of an enhanced Officer Safety Plan, which promised unlimited
evidence storage and higher-resolution video capabilities.
The PPD’s partnership with Axon extended beyond BWCs to include the Taser
Conducted first had PPD the program, (CEW) Weapon Electrical which
technological the Axon’s advancements, 2007. in implemented With
department faced the need to upgrade to the Taser 7 model, which offered
seamless integration with the BWC system, ensuring automatic recording
during critical incidents. This upgrade was part of a broader effort to unify the
department’s digital evidence management, transitioning from the Watch guard
in-car video system to the Axon Fleet Camera System. This integration aimed
to streamline the storage and processing of digital evidence, thereby reducing
the potential for errors in public records requests.
The department’s the to central platform Evidence.com Axon became
operations, enabling the secure storage and sharing of digital evidence with
legal stakeholders. The platform’s features, including Axon Citizen and Axon
Capture, further empowered officers to collect and manage digital evidence
efficiently. The Axon Interview system also modernized the department’s
interview rooms, linking them directly to the Evidence.com database for real-
time viewing and streamlined data management.
The current Axon contract represents a significant investment in the PPD’s
future. evidence safety, officer to a holistic encompassed It approach
management, and public transparency, ensuring that the PPD remained at the
forefront of law enforcement technology and public accountability. This contract
was not merely a continuation of existing practices but a forward-looking
strategy to enhance the PPD’s operational capabilities and maintain its
leadership in digital evidence management and public trust.
V. DISCUSSION:
Council and staff discussed the First Amendment to the Master Services and
Purchasing Agreement that will replace the current agreement with Axon
Enterprise, Inc. at the September 9, 2024, Council Workshop.
Page 79 of 220
Staff recommends Council's approval of the proposed agreement with Axon
Enterprise, Inc. for the Officer Safety Plan.
Page 80 of 220
Resolution – Axon Enterprises Inc. Agreement - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE MASTER SERVICES AND PURCHASING
AGREEMENT WITH AXON ENTERPRISE, INC., FOR THE OFFICER
SAFETY PLAN.
WHEREAS, the City of Pasco (City), Washington, and Axon Enterprise, Inc. enter into
the First Amendment to the Master Services and Purchasing Agreement for the Officer Safety
Plan on September 16, 2024; and
WHEREAS, the City of Pasco, Washington wishes to continue a forward-looking
approach to law enforcement, focusing on technology-driven solutions to enhance service
delivery, transparency, and public trust; 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 First
Amendment to the Master Services and Purchasing Agreement with Axon Enterprise, Inc. for the
Officer Safety Plan.
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 First
Amendment to the Master Services and Purchasing Agreement between the City of Pasco and
Axon Enterprise, 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 First Amendment to the Master
Service and Purchasing Agreement on behalf of the City of Pasco; and to make minor
substantive changes necessary to execute the Amendment.
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 81 of 220
First Amendment to the Master
Services and Purchasing Agreement
Page 1 of 18
This First Amendment (“Amendment”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”),
and the Pasco County, Washington (“Agency” or “Customer”). This Amendment is effective as of the last
signature date on this Amendment (“Effective Date”). Axon and Agency are each a “Party” and collectively
“Parties”.
Axon and Agency are parties to the Master Services and Purchasing Agreement executed on September
30, 2020 (“Agreement”).
The Parties wish to incorporate further changes into the Agreement in order to add additional products and
services.
The Parties therefore agree as follows:
1. The attached documents are hereby incorporated into the Agreement:
a. Professional Services Appendix
b. FUSUS Appendix
c. Virtual Reality Appendix
d. Axon Investigate Appendix
e. Auto Transcribe Appendix
f. My90 Appendix
g. Events Appendix
h. Quote Q-588250
2. The following is added to the Axon Cloud Services Appendix: TASER Data Science Program.
Axon will provide a quantitative evaluation on the performance and effectiveness of TASER energy
weapons in the field across a variety of circumstances.
If Customer purchases the TASER Data Science Program, Customer grants Axon, its affiliates,
and assignees an irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license
to use Provided Data solely for the purposes of this Agreement and to create Transformed Data.
Customer shall own all rights and title to Provided Data. Axon shall own all rights and title to
Transformed Data and any derivatives of Transformed Data.
Axon grants to Customer an irrevocable, perpetual, fully paid, royalty-free, license to use to
TASER Data Science report provided to Customer for its own internal purposes. The Data
Science report is provided “as is” and without any warranty of any kind.
In the event Customer seeks Axon’s deletion of Provided Data, it may submit a request to
privacy@axon.com. Where reasonably capable of doing so, Axon will implement the request but
at a minimum will not continue to collect Provided Data from Customer.
3. The following is added to the Axon Cloud Service Appendix, Section 8 Storage: For Third-Party
Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a
valid Axon’s Evidence.com user license; (ii) is limited to data of the law enforcement Customer
that purchased the Third-Party Unlimited Storage and the Axon’s Evidence.com end user or
Customer is prohibited from storing data for other law enforcement agencies; and (iii) Customer
may only upload and store data that is directly related to: (1) the investigation of, or the
prosecution of a crime; (2) common law enforcement activities; or (3) any Customer Content
created by Axon Devices or Evidence.com.
4. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect.
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
Page 82 of 220
First Amendment to the Master
Services and Purchasing Agreement
Page 2 of 18
Each representative identified below declares that the representative is authorized to execute this
Amendment as of the date of signature.
Axon Enterprise, Inc. Agency
Signature:
Signature:
Name:
Name:
Title:
Title:
Date:
Date:
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
Robert E. Driscoll Jr.
Deputy General Counsel
9/10/2024 | 12:41 PM MST
Page 83 of 220
First Amendment to the Master
Services and Purchasing Agreement
Page 3 of 18
Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.
1. Utilization of Services. Customer must use professional services as outlined in the Quote and this Appendix
within six (6) months of the Effective Date.
2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and
configuration support and up to four (4) consecutive days of on-site service and a professional services
manager to work with Customer to assess Customer’s deployment and determine which on-site services are
appropriate. If Customer requires more than four (4) consecutive on-site days, Customer must purchase
additional days. Axon Full Service options include:
System set up and configuration
• Instructor-led setup of Axon View on smartphones (if applicable)
• Configure categories and custom roles based on Customer need
• Register cameras to Customer domain
• Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access
• One on-site session included
Dock configuration
• Work with Customer to decide the ideal location of Docks and set configurations on Dock
• Authenticate Dock with Axon Evidence using admin credentials from Customer
• On-site assistance, not to include physical mounting of docks
Best practice implementation planning session
• Provide considerations for the establishment of video policy and system operations best practices
based on Axon’s observations with other agencies
• Discuss the importance of entering metadata in the field for organization purposes and other best
practices for digital data management
• Provide referrals of other agencies using the Axon camera devices and Axon Evidence
• Recommend rollout plan based on review of shift schedules
System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Customer’s configuration of security, roles & permissions,
categories & retention, and other specific settings for Axon Evidence
Axon instructor training (Train the Trainer)
Training for Customer ’s in-house instructors who can support Customer’s Axon camera and Axon
Evidence training needs after Axon has fulfilled its contractual on-site obligations
Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting
agencies
End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync
Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample
policies, and categories & roles guide
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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First Amendment to the Master
Services and Purchasing Agreement
Page 4 of 18
Post go-live review
3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project
planning and configuration support and one (1) day of on-site Services and a professional services manager
to work closely with Customer to assess Customer’s deployment and determine which Services are
appropriate. If Customer requires more than one (1) day of on-site Services, Customer must purchase
additional on-site Services. The Axon Starter options include:
System set up and configuration (Remote Support)
• Instructor-led setup of Axon View on smartphones (if applicable)
• Configure categories & custom roles based on Customer need
• Troubleshoot IT issues with Axon Evidence and Dock access
Dock configuration
• Work with Customer to decide the ideal location of Dock setup and set configurations on Dock
• Authenticate Dock with Axon Evidence using "Administrator" credentials from Customer
• Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Customer ’s in-house instructors who can support Customer’s Axon camera and Axon
Evidence training needs after Axon’s has fulfilled its contracted on-site obligations
End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync
Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample
policies, and categories & roles guide
4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC
Starter Service Package, except one (1) day of on-site services.
5. CEW Services Packages. CEW Services Packages are detailed below:
System set up and configuration
• Configure Axon Evidence categories & custom roles based on Customer need.
• Troubleshoot IT issues with Axon Evidence.
• Register users and assign roles in Axon Evidence.
• For the CEW Full Service Package: On-site assistance included
• For the CEW Starter Package: Virtual assistance included
Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager).
Ideally, Project Manager will be assigned to Customer 4–6 weeks before rollout
Best practice implementation planning session to include:
• Provide considerations for the establishment of CEW policy and system operations best practices
based on Axon’s observations with other agencies
• Discuss the importance of entering metadata and best practices for digital data management
• Provide referrals to other agencies using TASER CEWs and Axon Evidence
• For the CEW Full Service Package: On-site assistance included
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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First Amendment to the Master
Services and Purchasing Agreement
Page 5 of 18
• For the CEW Starter Package: Virtual assistance included
System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Customer’s configuration of
security, roles & permissions, categories & retention, and other specific settings for Axon Evidence
Axon Evidence Instructor training
• Provide training on the Axon Evidence to educate instructors who can support Customer’s
subsequent Axon Evidence training needs.
• For the CEW Full Service Package: Training for up to 3 individuals at Customer
• For the CEW Starter Package: Training for up to 1 individual at Customer
TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart
weapons and assign them to a user on Axon Evidence.
Post go-live review
For the CEW Full Service Package: On-site assistance included.
For the CEW Starter Package: Virtual assistance included.
6. Smart Weapon Transition Service. The Smart Weapon Transition Service includes:
Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER
CEW Smart Weapons that Customer is replacing with newer Smart Weapon models.
Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.
Axon will provide Customer with a Certificate of Destruction
*Note: CEW Full Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service
instead of 1-Day Device Specific Instructor Course.
7. VR Services Package. VR Service includes advance remote project planning and configuration support and
one (1) day of on-site service and a professional services manager to work with Customer to assess
Customer's deployment and determine which Services are appropriate. The VR Service training options
include:
System set up and configuration (Remote Support)
• Instructor-led setup of Axon VR headset content
• Configure Customer settings based on Customer need
• Troubleshoot IT issues with Axon VR headset
Axon instructor training (Train the Trainer)
Training for up to five (5) Customer's in-house instructors who can support Customer's Axon VR CET and
SIM training needs after Axon’s has fulfilled its contracted on-site obligations
Classroom and practical training sessions
Step-by-step explanation and assistance for Customer's configuration of Axon VR CET and SIM functionality,
basic operation, and best practices
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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First Amendment to the Master
Services and Purchasing Agreement
Page 6 of 18
8. Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and
configuration support and one (1) day of on-site Services and a professional services manager to work
closely with Customer to assess Customer's deployment and determine which Services are appropriate. If
Customer's requires more than one (1) day of on-site Services, Customer must purchase additional on-site
Services. The Axon Air, On-Site training options include:
System set up and configuration (Remote Support)
• Instructor-led setup of Axon Air App (ASDS)
• Configure Customer settings based on Customer need
• Configure drone controller
• Troubleshoot IT issues with Axon Evidence
Axon instructor training (Train the Trainer)
Training for Customer's in-house instructors who can support Customer's Axon Air and Axon Evidence
training needs after Axon’s has fulfilled its contracted on-site obligations
Classroom and practical training sessions
Step-by-step explanation and assistance for Customer's configuration of Axon Respond+ livestreaming
functionality, basic operation, and best practices
9. Axon Air, Virtual Training. Axon Air, Virtual training includes all items in the Axon Air, On-Site Training
Package, except the practical training session, with the Axon Instructor training for up to four hours virtually.
10. Signal Sidearm Installation Service.
a. Purchases of 50 SSA units or more: Axon will provide one (1) day of on-site service and one
professional services manager and will provide train the trainer instruction, with direct
assistance on the first of each unique holster/mounting type. Customer is responsible for
providing a suitable work/training area.
b. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session
on the basics of installation and device calibration.
11. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote
and this Appendix. Any additional professional services are out of scope. The Parties must document scope
changes in a written and signed change order. Changes may require an equitable adjustment in the charges
or schedule.
12. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except
holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Customer
travel time by Axon personnel to Customer premises as work hours.
13. Access Computer Systems to Perform Services. Customer authorizes Axon to access relevant Customer
computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably
practicable resources and information Axon expects to use and will provide an initial itemized list to
Customer. Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or
expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and
information supplied by Customer.
14. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon
Devices ("User Documentation"). User Documentation will include all required environmental specifications
for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before
installation of Axon Devices (whether performed by Customer or Axon), Customer must prepare the
location(s) where Axon Devices are to be installed ("Installation Site") per the environmental specifications
in the Axon Device User Documentation. Following installation, Customer must maintain the Installation Site
per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon
Devices under this Agreement, Axon will provide the update to Customer when Axon generally releases it
15. Acceptance. When Axon completes professional services, Axon will present an acceptance form
("Acceptance Form") to Customer. Customer will sign the Acceptance Form acknowledging completion. If
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Customer reasonably believes Axon did not complete the professional services in substantial conformance
with this Agreement, Customer must notify Axon in writing of the specific reasons for rejection within seven
(7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the
Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification
of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, Axon will deem
Customer to have accepted the professional services.
16. Customer Network. For work performed by Axon transiting or making use of Customer’s network, Customer
is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss,
damage, or corruption of Customer’s network from any cause.
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FUSUS APPENDIX
1. Access. Upon Axon granting Customer a subscription to FUSUS cloud services in the Quote, Customer
may access and use FūsusONE Real Time Interoperability Solution services to for the purpose of viewing
and managing Customer Content. Some Customer content contained in Axon’s Evidence.com may not
be accessible or transferable to the FUSUS cloud services.
2 Product Limits. The following limitations apply to the below products:
Lite Basic Pro Enterprise Enterprise Plus
Total Number of Managed End Points 150 150 500 1500 4500
Max Number of Video Streams Connected 0 150 500 1500 4500
Indefinite Cloud Storage 2TB 5TB 10TB 30TB
Overages may result in additional fees or the need to upgrade products.
3 Disclaimer. Customer is responsible for use of any internet access devices and/or all third-party
hardware, software, services, telecommunication services (including Internet connectivity), or other items
used by Customer to access the service (“Third-Party Components”) are the sole and exclusive
responsibility of Customer, and that Axon has no responsibility for such Third-party Components, FUSUS
cloud services, or Customer relationships with such third parties. Customer agrees to at all times comply
with the lawful terms and conditions of agreements with such third parties. Axon does not represent or
warrant that the FUSUS cloud services and the Customer Content are compatible with any specific third-
party hardware or software or any other Third-Party Components. Customer is responsible for providing
and maintaining an operating environment as reasonably necessary to accommodate and access the
FUSUS cloud services.
4 Data Privacy. Axon may collect, use, transfer, disclose and otherwise process Customer Content in the
context of facilitating communication of data with Customer through their use of FUSUS cloud services
FUSUS app (iOS or Android interface), complying with legal requirements, monitoring the Customer’s
use of FUSUS systems, and undertaking data analytics. Customer Content saved in Axon Cloud Services
is the sole property of Customer and may not be distributed by Axon to any third parties outside of the
Customer’s organization without the Customer’s expressed written consent.
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Axon Virtual Reality Content Terms of Use Appendix
If Virtual Reality is included on the Quote, this Appendix applies.
1. Term. The Quote will detail the products and license duration, as applicable, of the goods, services, and
software, and contents thereof, provided by Axon to Customer related to virtual reality (collectively, "Virtual
Reality Media").
2. Headsets. Customer may purchase additional virtual reality headsets from Axon. In the event Customer
decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Customer must
purchase those headsets from Axon.
3. License Restrictions. All licenses will immediately terminate if Customer does not comply with any term of
this Agreement. If Customer utilizes more users than stated in this Agreement, Customer must purchase
additional Virtual Reality Media licenses from Axon. Customer may not use Virtual Reality Media for any
purpose other than as expressly permitted by this Agreement. Customer may not:
3.1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media;
3.2. reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the
source code of Virtual Reality Media, or allow others to do the same;
3.3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement;
3.4. use trade secret information contained in Virtual Reality Media;
3.5. resell, rent, loan or sublicense Virtual Reality Media;
3.6. access Virtual Reality Media to build a competitive device or service or copy any features, functions,
or graphics of Virtual Reality Media; or
3.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and
trademark notices) of Axon or Axon’s licensors on or within Virtual Reality Media or any copies of
Virtual Reality Media.
4. Privacy. Customer’s use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a
current version of which is available at https://www.axon.com/axonvrprivacypolicy.
5. Termination. Axon may terminate Customer’s license immediately for Customer’s failure to comply with any
of the terms in this Agreement.
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Axon Investigate Appendix
If the Quote includes Axon's On Prem Video Suite known as Axon Investigate or Third Party Video Support
License, the following appendix shall apply.
1. License Grant. Subject to the terms and conditions specified below and upon payment of the applicable
fees set forth in the Quote, Axon grants to Customer a nonexclusive, nontransferable license to install, use,
and display the Axon Investigate software ("Software") solely for its own internal use only and for no other
purpose, for the duration of subscription term set forth in the Quote. This Agreement does not grant Customer
any right to enhancements or updates, but if such are made available to Customer and obtained by Customer
they shall become part of the Software and governed by the terms of this Agreement.
2. Third-Party Licenses. Axon licenses several third-party codecs and applications that are integrated into the
Software. Users with an active support contract with Axon are granted access to these additional features.
By accepting this agreement, Customer agrees to and understands that an active support contract is required
for all of the following features: DNxHD output formats, decoding files via the "fast indexing" method,
proprietary file metadata, telephone and email support, and all future updates to the software. If Customer
terminates the annual support contract with Axon, the features listed above will be disabled within the
Software. It is recommended that users remain on an active support contract to maintain the full functionality
of the Software.
3. Restrictions on Use. Customer may not permit any other person to use the Software unless such use is in
accordance with the terms of this Agreement. Customer may not modify, translate, reverse engineer, reverse
compile, decompile, disassemble or create derivative works with respect to the Software, except to the extent
applicable laws specifically prohibit such restrictions. Customer may not rent, lease, sublicense, grant a
security interest in or otherwise transfer Customer’s rights to or to use the Software. Any rights not granted
are reserved to Axon.
4. Term. For purchased perpetual Licenses only—excluding Licenses leased for a pre-determined period,
evaluation licenses, companion licenses, as well as temporary licenses--the license shall be perpetual unless
Customer fails to observe any of its terms, in which case it shall terminate immediately, and without additional
prior notice. The terms of Paragraphs 1, 2, 3, 5, 6, 8 and 9 shall survive termination of this Agreement. For
licenses leased for a pre-determined period, for evaluation licenses, companion licenses, as well as
temporary licenses, the license is granted for a period beginning at the installation date and for the duration
of the evaluation period or temporary period as agreed between Axon and Customer.
5. Title. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to
the Software and all changes, modifications, and enhancements thereof (including ownership of all trade
secrets and copyrights pertaining thereto), regardless of the form or media in which the original or copies
may exist, subject only to the rights and privileges expressly granted by Axon. This Agreement does not
provide Customer with title or ownership of the Software, but only a right of limited use.
6. Copies. The Software is copyrighted under the laws of the United States and international treaty provisions.
Customer may not copy the Software except for backup or archival purposes, and all such copies shall
contain all Axon’s notices regarding proprietary rights as contained in the Software as originally provided to
Customer. If Customer receives one copy electronically and another copy on media, the copy on media may
be used only for archival purposes and this license does not authorize Customer to use the copy of media
on an additional server.
7. Actions Required Upon Termination. Upon termination of the license associated with this Agreement,
Customer agrees to destroy all copies of the Software and other text and/or graphical documentation,
whether in electronic or printed format, that describe the features, functions and operation of the Software
that are provided by Axon to Customer ("Software Documentation") or return such copies to Axon.
Regarding any copies of media containing regular backups of Customer's computer or computer system,
Customer agrees not to access such media for the purpose of recovering the Software or online Software
Documentation.
8. Export Controls. None of the Software, Software Documentation or underlying information may be
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downloaded or otherwise exported, directly or indirectly, without the prior written consent, if required, of the
office of Export Administration of the United States, Department of Commerce, nor to any country to which
the U.S. has embargoed goods, to any person on the U.S. Treasury Department’s list of Specially Designated
Nations, or the U.S. Department of Commerce’s Table of Denials.
9. U.S. Government Restricted Rights. The Software and Software Documentation are Commercial
Computer Software provided with Restricted Rights under Federal Acquisition Regulations and Customer
supplements to them. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR
255.227-7013 et. Seq. or 252.211-7015, or subparagraphs (a) through (d) of the Commercial Computer
Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR
Supplement. Contractor/manufacturer is Axon Enterprise, Inc., 17800 North 85th Street, Scottsdale, Arizona
85255.
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Axon Auto-Transcribe Appendix
This Appendix applies if Axon Auto-Transcribe is included on the Quote.
1. Subscription Term. If Customer purchases Axon Auto-Transcribe as part of a bundle or Axon Cloud
Services subscription, the subscription begins on the later of the (1) start date of the bundle or Axon Cloud
Services license term, or (2) date Axon provisions Axon Auto-Transcribe to Customer. If Customer purchases
Axon Auto-Transcribe minutes as a standalone, the subscription begins on the date Axon provisions Axon
Auto-Transcribe to Customer.
1.1. If Customer cancels Auto-Transcribe services, any amounts owed by the Parties will be based on the
amount of time passed under the annual subscription, rather than on the number of minutes used,
regardless of usage.
2. Auto-Transcribe A-La-Carte Minutes. Upon Axon granting Customer a set number of minutes, Customer
may utilize Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote. Customer will not
have the ability to roll over unused minutes to future Auto-Transcribe terms. Axon may charge Customer
additional fees for exceeding the number of purchased minutes. Axon Auto-Transcribe minutes expire one
year after being provisioned to Customer by Axon.
3. Axon Unlimited Transcribe. Upon Axon granting Customer an Unlimited Transcribe subscription to Axon
Auto-Transcribe, Customer may utilize Axon Auto-Transcribe with no limit on the number of minutes.
Unlimited Transcribe includes automatic transcription of all Axon BWC and Axon Capture footage. With
regard to Axon Interview Room, Axon Fleet, Axon Citizen, or third-party transcription, transcription must be
requested on demand. Notwithstanding the foregoing, Axon may limit usage after 5,000 minutes per user
per month for multiple months in a row. Axon will not bill for overages.
4. Warranty. Axon disclaims all warranties, express or implied, for Axon Auto-Transcribe.
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My90 Terms of Use Appendix
Definitions.
1.1. "My90" means Axon’s proprietary platform and methodology to obtain and analyze feedback, and
other related offerings, including, without limitation, interactions between My90 and Axon products.
1.2. "Recipient Contact Information" means contact information, as applicable, including phone
number or email address (if available) of the individual whom Customer would like to obtain
feedback.
1.3. "Customer Data" means
1.3.1. "My90 Customer Content" which means data, including Recipient Contact Information,
provided to My90 directly by Customer or at their direction, or by permitting My90 to access
or connect to an information system or similar technology. My90 Customer Content does
not include My90 Non-Content Data.
1.3.2. "My90 Non-Content Data" which means data, configuration, and usage information about
Customer's My90 tenant, and client software, users, and survey recipients that is
Processed (as defined in Section 1.6 of this Appendix) when using My90 or responding to
a My90 Survey. My90 Non-Content Data includes data about users and survey recipients
captured during account management and customer support activities. My90 Non-Content
Data does not include My90 Customer Content.
1.3.3. "Survey Response" which means survey recipients' response to My90 Survey.
1.4. "My90 Data" means
1.4.1. "My90 Survey" which means surveys, material(s) or content(s) made available by Axon to
Customer and survey recipients within My90.
1.4.2. "Aggregated Survey Response" which means Survey Response that has been de-
identified and aggregated or transformed so that it is no longer reasonably capable of
being associated with, or could reasonably be linked directly or indirectly to, a particular
individual.
1.5. "Personal Data" means any information relating to an identified or identifiable natural person. An
identifiable natural person is one who can be identified, directly or indirectly, in particular by
reference to an identifier such as a name, an identification number, location data, an online
identifier or to one or more factors specific to the physical, physiological, genetic, mental,
economic, cultural, or social identity of that natural person.
1.6. "Processing" means any operation or set of operations which is performed on data or on sets of
data, whether or not by automated means, such as collection, recording, organization, structuring,
storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination, restriction, erasure, or
destruction.
1.7. "Sensitive Personal Data" means Personal Data that reveals an individual’s health, racial or
ethnic origin, sexual orientation, disability, religious or philosophical beliefs, or trade union
membership.
2. Access. Upon Axon granting Customer a subscription to My90, Customer may access and use My90 to
store and manage My90 Customer Content, and applicable My90 Surveys and Aggregated Survey
Responses. This Appendix is subject to the Terms and Conditions of Axon’s Master Service and
Purchasing Agreement or in the event you and Axon have entered into a prior agreement to govern all
future purchases, that agreement shall govern.
3. IP address. Axon will not store survey respondents’ IP address.
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4. Customer Owns My90 Customer Content. Customer controls or owns all right, title, and interest in
My90 Customer Content. Except as outlined herein, Axon obtains no interest in My90 Customer Content,
and My90 Customer Content is not Axon’s business records. Except as set forth in this Agreement,
Customer is responsible for uploading, sharing, managing, and deleting My90 Customer Content. Axon
will only have access to My90 Customer Content for the limited purposes set forth herein. Customer
agrees to allow Axon access to My90 Customer Content to (a) perform troubleshooting, maintenance, or
diagnostic screenings; and (b) enforce this Agreement or policies governing use of My90 and other Axon
products.
5. Details of the Processing. The nature and purpose of the Processing under this Appendix are further
specified in Schedule 1 Details of the Processing, to this Appendix.
6. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer
Data against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive
information security program to protect Customer Data including logical, physical access, vulnerability,
risk, and configuration management; incident monitoring and response; security education; and data
protection. Axon will not treat Customer Data in accordance with FBI CJIS Security Policy requirements
and does not agree to the CJIS Security Addendum for this engagement or any other security or privacy
related commitments that have been established between Axon and Customer, such as ISO 27001
certification or SOC 2 Reporting.
7. Privacy. Customer use of My90 is subject to the My90 Privacy Policy, a current version of which is
available at https://www.axon.com/legal/my90privacypolicy. Customer agrees to allow Axon access to
My90 Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic
screenings; (b) provide, develop, improve, and support current and future Axon products including My90
and related services; and (c) enforce this Agreement or policies governing the use of My90 or other Axon
products.
8. Location of Storage. Axon may transfer Customer Data to third-party subcontractors for Processing.
Axon will determine the locations for Processing of Customer Data. For all Customer, Axon will Process
and store Customer Data within the country Customer is based. Ownership of My90 Customer Content
remains with Customer.
9. Required Disclosures. Axon will not disclose Customer Data that Customer shares with Axon except
as compelled by a court or administrative body or required by any law or regulation. Axon will notify
Customer if any disclosure request is received for Customer Data so Customer may file an objection with
the court or administrative body, unless prohibited by law.
10. Data Sharing. Axon may share data only with entities that control or are controlled by or under common
control of Axon, and as described below:
10.1. Axon may share Customer Data with third parties it employs to perform tasks on Axon’s behalf to
provide products or services to Customer.
10.2. Axon may share Aggregated Survey Response with third parties, such as other Axon customers,
local city agencies, private companies, or members of the public that are seeking a way to collect
analysis on general policing and community trends. Aggregated Survey Response will not be
reasonably capable of being associated with or reasonably be linked directly or indirectly to a
particular individual.
11. License and Intellectual Property. Customer grants Axon, its affiliates, and assignees the irrevocable,
perpetual, fully paid, royalty-free, and worldwide right and license to use Customer Data for internal use
including but not limited to analysis and creation of derivatives. Axon may not release Customer Data to
any third party under this right that is not aggregated and de-identified. Customer acknowledges that
Customer will have no intellectual property right in any media, good or service developed or improved by
Axon. Customer acknowledges that Axon may make any lawful use of My90 Data and any derivative of
Customer Data including, without limitation, the right to monetize, redistribute, make modification of, and
make derivatives of the surveys, survey responses and associated data, and Customer will have no
intellectual property right in any good, service, media, or other product that uses My90 Data.
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12. Customer Use of Aggregated Survey Response. Axon will make available to Customer Aggregated
Survey Response and rights to use for any Customer purpose.
13. Data Subject Rights. Taking into account the nature of the Processing, Axon shall assist Customer by
appropriate technical and organizational measures, insofar as this is reasonable, for the fulfilment of
Customer's obligation to respond to a Data Subject Request regarding any Personal Data contained
within My90 Customer Content. If in regard to My90 Customer Content, Axon receives a Data Subject
Request from Customer's data subject to exercise one or more of its rights under applicable Data
Protection Law, Axon will redirect the data subject within seventy-two (72) hours, to make its request
directly to Customer. Customer will be responsible for responding to any such request.
14. Assistance with Requests Related to My90 Customer Content. With regard to the processing of My90
Customer Content, Axon shall, if not prohibited by applicable law, notify Customer without delay after
receipt, if Axon: (a) receives a request for information from the Supervisory Authority or any other
competent authority regarding My90 Customer Content; (b) receives a complaint or request from a third
party regarding the obligations of Customer or Axon under applicable Data Protection Law; or (c) receives
any other communication which directly or indirectly pertains to My90 Customer Content or the
Processing or protection of My90 Customer Content. Axon shall not respond to such requests,
complaints, or communications, unless Customer has given Axon written instructions to that effect or if
such is required under a statutory provision. In the latter case, prior to responding to the request, Axon
shall notify Customer of the relevant statutory provision and Axon shall limit its response to what is
necessary to comply with the request.
15. Axon Evidence Partner Sharing. If Axon Evidence partner sharing is used to share My90 Customer
Content, Customer will manage the data sharing partnership with Axon and access to allow only for
authorized data sharing with Axon. Customer acknowledges that any applicable audit trail on the original
source data will not include activities and processing performed against the instances, copies or clips
that has been shared with Axon. Customer also acknowledges that the retention policy from the original
source data is not applied to any data shared with Axon. Except as provided herein, data shared with
Axon may be retained indefinitely by Axon.
16. Data Retention. Phone numbers provided to Axon directly by Customer or at their direction, or by
permitting My90 to access or connect to an information system or similar technology will be retained for
twenty-four (24) hours. Axon will not delete Aggregated Survey Response for four (4) years following
termination of this Agreement. There will be no functionality of My90 during these four (4) years other
than the ability to submit a request to retrieve Aggregated Survey Response. Axon has no obligation to
maintain or provide Aggregated Survey Response after these four years and may thereafter, unless
legally prohibited, delete all Aggregated Survey Response.
17. Termination. Termination of an My90 Agreement will not result in the removal or modification of
previously shared My90 Customer Content or the potential monetization of Survey Response and
Aggregated Survey Response.
18. Managing Data Shared. Customer is responsible for:
18.1. Ensuring My90 Customer Content is appropriate for use in My90. This includes, prior to sharing:
(a) applying any and all required redactions, clipping, removal of metadata, logs, etc. and (b)
coordination with applicable public disclosure officers and related legal teams;
18.2. Ensuring that only My90 Customer Content that is authorized to be shared for the purposes
outlined is shared with Axon. Customer will periodically monitor or audit this shared data;
18.3. Using an appropriately secure data transfer mechanism to provide My90 Customer Content to
Axon;
18.4. Immediately notifying Axon if My90 Customer Content that is not authorized for sharing has been
shared. Axon may not be able to immediately retrieve or locate all instances, copies or clips of
My90 Customer Content in the event Customer requests to un-share previously shared My90
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Customer Content;
19. Prior to enrollment in My90. Prior to enrolling in My90, Customer will:
19.1. determine how to use My90 in accordance with applicable laws and regulations including but not
limited to consents, use of info or other legal considerations;
19.2. develop a set of default qualification criteria of what My90 Customer Content may be shared with
Axon; and
19.3. assign responsibilities for managing what My90 Customer Content is shared with Axon and
educate users on what data may or not be shared with Axon.
20. Customer Responsibilities. Customer is responsible for:
20.1. ensuring no My90 Customer Content or Customer end user’s use of My90 Customer Content or
My90 violates this Agreement or applicable laws;
20.2. providing, and will continue to provide, all notices and has obtained, and will continue to obtain, all
consents and rights necessary under applicable laws for Axon to process Customer Data in
accordance with this Agreement; and
20.3. maintaining necessary computer equipment and Internet connections for use of My90. If Customer
becomes aware of any violation of this Agreement by an end user, Customer will immediately
terminate that end user’s access to My90. Customer will also maintain the security of end
usernames and passwords and security and access by end users to My90 Customer Content.
Customer is responsible for ensuring the configuration and utilization of My90 meets applicable
Customer regulations and standards. Customer may not sell, transfer, or sublicense access to any
other entity or person. Customer shall contact Axon immediately if an unauthorized party may be
using Customer's account or My90 Customer Content or if account information is lost or stolen.
21. Suspension. Axon may temporarily suspend Customer's or any end user’s right to access or use any
portion or all of My90 immediately upon notice, if Customer or end user’s use of or registration for My90
may (a) pose a security risk to Axon products including My90, or any third-party; (b) adversely impact
My90, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-
party to liability; or (d) be fraudulent. Customer remains responsible for all fees, if applicable, incurred
through suspension. Axon will not delete My90 Customer Content or Aggregated Survey Response
because of suspension, except as specified in this Agreement.
22. My90 Restrictions. Customer and Customer end users (including employees, contractors, agents,
officers, volunteers, and directors), may not, or may not attempt to:
22.1. copy, modify, tamper with, repair, or create derivative works of any part of My90;
22.2. reverse engineer, disassemble, or decompile My90 or apply any process to derive any source
code included in My90, or allow others to do the same;
22.3. access or use My90 with the intent to gain unauthorized access, avoid incurring fees or exceeding
usage limits or quotas;
22.4. use trade secret information contained in My90, except as expressly permitted in this Agreement;
22.5. access My90 to build a competitive product or service or copy any features, functions, or graphics
of My90;
22.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and
trademark notices) of Axon’s or Axon’s licensors on or within My90; or
22.7. use My90 to store or transmit infringing, libelous, or other unlawful or tortious material; to store or
transmit material in violation of third-party privacy rights; or to store or transmit malicious code.
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Schedule 1- Details of the Processing
1. Nature and Purpose of the Processing. To help Customer obtain feedback from individuals, such as
members of their community, staff, or officers. Features of My90 may include:
1.1. Survey Tool where Customer may create, distribute, and analyze feedback from individuals it
designates. Customer may designate members of the community, staff or officers from whom they
would like to obtain feedback;
1.2. Creation of custom forms for surveys. Customer may select questions from a list of pre-drafted
questions or create their own;
1.3. Distribution of survey via multiple distribution channels such as text message;
1.4. Ability to access and analyze Survey Response. Axon may also provide Customer Aggregated
Survey Responses which contain analysis and insights from the Survey Response;
1.5. Direct integrations into information systems including Computer Aided Dispatch ("CAD"). This will
enable Customer to share contact information easily and quickly with Axon of any individuals from
whom it wishes to obtain feedback, enabling Axon to communicate directly with these individuals;
1.6. Data Dashboard Beta Test ("Data Dashboard") where Survey Response and Aggregated Survey
Response will be displayed for Customer use. Customer will be able to analyze, interpret, and
share results of the Survey Response. My90 may provide beta versions of the Data Dashboard
that are specifically designed for Customer to test before they are publicly available;
1.7. Survey Responses will be aggregated and de-identified and may be subsequently distributed and
disclosed through various mediums to: (1) Customer; (2) other Axon Customer; (3) private
companies; and (4) members of the public. The purpose of disclosure is to provide ongoing insights
and comparisons on general policing and community trends. Prior to disclosing this information,
Axon will ensure that the Survey Response has been de-identified and aggregated or transformed
so that it is no longer reasonably capable of being associated with, or could reasonably be linked
directly or indirectly to a particular individual; and
1.8. Provide services and materials to engage Customer stakeholders, market the partnership to the
public, and facilitate training.
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Axon Event Offer Appendix
If the Agreement includes the provision of, or Axon otherwise offers, ticket(s), travel and/or accommodation for
select events hosted by Axon (“Axon Event”), the following shall apply:
1. General. Subject to the terms and conditions specified below and those in the Agreement, Axon may provide
Customer with one or more offers to fund Axon Event ticket(s), travel and/or accommodation for Customer-
selected employee(s) to attend one or more Axon Events. By entering into the Agreement, Customer
warrants that it is appropriate and permissible for Customer to receive the referenced Axon Event offer(s)
based on Customer’s understanding of the terms and conditions outlined in this Axon Event Offer Appendix.
2. Attendee/Employee Selection. Customer shall have sole and absolute discretion to select the Customer
employee(s) eligible to receive the ticket(s), travel and/or accommodation that is the subject of any Axon
Event offer(s).
3. Compliance. It is the intent of Axon that any and all Axon Event offers comply with all applicable laws,
regulations and ethics rules regarding contributions, including gifts and donations. Axon’s provision of
ticket(s), travel and/or accommodation for the applicable Axon Event to Customer is intended for the use and
benefit of Customer in furtherance of its goals, and not the personal use or benefit of any official or employee
of Customer. Axon makes this offer without seeking promises or favoritism for Axon in any bidding
arrangements. Further, no exclusivity will be expected by either party in consideration for the offer. Axon
makes the offer with the understanding that it will not, as a result of such offer, be prohibited from any
procurement opportunities or be subject to any reporting requirements. If Customer’s local jurisdiction
requires Customer to report or disclose the fair market value of the benefits provided by Axon, Customer
shall promptly contact Axon to obtain such information, and Axon shall provide the information necessary to
facilitate Customer's compliance with such reporting requirements.
4. Assignability. Customer may not sell, transfer, or assign Axon Event ticket(s), travel and/or accommodation
provided under the Agreement.
5. Availability. The provision of all offers of Axon Event ticket(s), travel and/or accommodation is subject to
availability of funds and resources. Axon has no obligation to provide Axon Event ticket(s), travel and/or
accommodation.
6. Revocation of Offer. Axon reserves the right at any time to rescind the offer of Axon Event ticket(s), travel
and/or accommodation to Customer if Customer or its selected employees fail to meet the prescribed
conditions or if changes in circumstances render the provision of such benefits impractical, inadvisable, or
in violation of any applicable laws, regulations, and ethics rules regarding contributions, including gifts and
donations
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
Page 99 of 220
Page 1 Q-588250-45532.693MD
Q-588250-45532.693MD
Issued: 08/28/2024
Quote Expiration: 09/28/2024
Estimated Contract Start Date: 02/01/2025
Account Number: 186872
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Pasco Police Dept. - WA
215 W Sylvester St
Pasco,
WA
99301-5350
USA
Pasco Police Dept. - WA
215 W Sylvester St
Pasco
WA
99301-5350
USA
Email:
Matthew Dufford
Phone: 7074802550
Email: mdufford@axon.com
Fax:
WILLIAM PARRAMORE
Phone: 5097278529
Email: parramorew@pasco-wa.gov
Fax: (509) 545-3423
Quote Summary Discount Summary
Program Length 120 Months Average Savings Per Year $337,608.42
TOTAL COST $6,275,972.56
ESTIMATED TOTAL W/ TAX $6,748,552.72 TOTAL SAVINGS $3,376,084.24
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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Payment Summary
Date Subtotal Tax Total
Jan 2025 $470,213.56 $35,474.01 $505,687.57
Jan 2026 $470,697.96 $35,437.91 $506,135.87
Jan 2027 $666,882.63 $50,208.52 $717,091.15
Jan 2028 $666,882.63 $50,208.52 $717,091.15
Jan 2029 $666,882.63 $50,208.52 $717,091.15
Jan 2030 $666,882.63 $50,208.52 $717,091.15
Jan 2031 $666,882.63 $50,208.52 $717,091.15
Jan 2032 $666,882.63 $50,208.52 $717,091.15
Jan 2033 $666,882.63 $50,208.52 $717,091.15
Jan 2034 $666,882.63 $50,208.60 $717,091.23
Total $6,275,972.56 $472,580.16 $6,748,552.72
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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Quote Unbundled Price:$9,652,056.80
Quote List Price:$7,686,269.60
Quote Subtotal:$6,275,972.56
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal
Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total
Program
100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 $1.00 ($13,563.00)($13,563.00)($1,207.11)($14,770.11)
100552 TRANSFER CREDIT - GOODS 1 $1.00 $49,681.00 $49,681.00 $4,421.61 $54,102.61
M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 98 120 $549.65 $390.20 $333.17 $3,918,079.20 $297,439.42 $4,215,518.62
Fleet3A10Yr Fleet 3 Advanced 10 Year 54 120 $262.52 $248.53 $174.44 $1,130,371.20 $77,179.58 $1,207,550.78
A la Carte Hardware
71210 AXON FLEET - DOOR TRIGGER HARDWARE - US 8 $18.60 $0.00 $0.00 $0.00 $0.00
50322 AXON INTERVIEW - TOUCH PANEL PRO 4 $3,286.23 $0.00 $0.00 $0.00 $0.00
74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 4 $64.00 $0.00 $0.00 $0.00 $0.00
74116 AXON INTERVIEW - ENCLOSURE - FLUSH MOUNT 3 $132.00 $132.00 $396.00 $35.25 $431.25
50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)3 $243.31 $243.31 $729.93 $64.97 $794.90
50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 3 $397.51 $397.51 $1,192.53 $106.13 $1,298.66
50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 3 $685.49 $685.49 $2,056.47 $183.03 $2,239.50
50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 $243.31 $243.31 $1,216.55 $108.28 $1,324.83
50298 AXON INTERVIEW - CAMERA - OVERT DOME 5 $992.92 $992.92 $4,964.60 $441.85 $5,406.45
H00001 AB4 Camera Bundle 5 $849.00 $0.00 $0.00 $0.00 $0.00
H00002 AB4 Multi Bay Dock Bundle 2 $1,638.90 $0.00 $0.00 $0.00 $0.00
R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 120 $3,363.00 $12.50 $81,000.00 $7,206.59 $88,206.59
H00001 AB4 Camera Bundle 4 $849.00 $0.00 $0.00 $0.00 $0.00
A la Carte Software
50043 AXON INTERVIEW - STREAMING SERVER
MAINTENANCE - PER SERVER 2 120 $36.83 $36.83 $8,839.20 $786.69 $9,625.89
50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER
TOUCH PANEL 4 120 $31.50 $28.67 $13,759.20 $1,224.57 $14,983.77
50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM
UNLIMITED 8 120 $124.80 $124.80 $119,808.00 $0.00 $119,808.00
101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT
WRITING 98 120 $78.76 $69.31 $815,071.88 $72,541.39 $887,613.27
ProLicense Pro License Bundle 20 120 $48.47 $48.02 $115,248.00 $10,257.07 $125,505.07
A la Carte Services
85055 AXON BODY - PSO - FULL SERVICE 1 $40,000.00 $0.00 $0.00 $0.00 $0.00
99901 AXON ACCELERATE CONFERENCE REGISTRATION 4 $849.00 $0.00 $0.00 $0.00 $0.00
99901 AXON ACCELERATE CONFERENCE REGISTRATION 4 $849.00 $0.00 $0.00 $0.00 $0.00
99901 AXON ACCELERATE CONFERENCE REGISTRATION 4 $849.00 $0.00 $0.00 $0.00 $0.00
99901 AXON ACCELERATE CONFERENCE REGISTRATION 4 $849.00 $0.00 $0.00 $0.00 $0.00
99901 AXON ACCELERATE CONFERENCE REGISTRATION 4 $849.00 $0.00 $0.00 $0.00 $0.00
100682 AXON INTERVIEW - PSO - SITE VISIT 4 $1,750.00 $1,750.00 $7,000.00 $0.00 $7,000.00
101267 AXON VR - PSO - FULL INSTALLATION 1 $12,000.00 $12,000.00 $12,000.00 $1,068.00 $13,068.00
A la Carte Warranties
73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED
WARRANTY 40 24 $0.00 $0.00 $0.00 $0.00 $0.00
73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED
WARRANTY 6 36 $0.00 $0.00 $0.00 $0.00 $0.00
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED
WARRANTY 6 24 $0.00 $0.00 $0.00 $0.00 $0.00
80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 2 29 $4.40 $4.40 $255.20 $22.71 $277.91
80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 3 36 $7.75 $7.75 $837.00 $74.50 $911.50
50448 AXON INTERVIEW - EXT WARRANTY 4 60 $29.29 $29.29 $7,029.60 $625.63 $7,655.23
Total $6,275,972.56 $472,580.16 $6,748,552.72
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK
RAPIDLOCK 4 1 01/01/2025
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK
RAPIDLOCK 5 1 01/01/2025
AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 6 1 01/01/2025
AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 5 1 01/01/2025
AB4 Camera Bundle 74028 AXON BODY - MOUNT - WING CLIP RAPIDLOCK 6 1 01/01/2025
AB4 Camera Bundle 74028 AXON BODY - MOUNT - WING CLIP RAPIDLOCK 5 1 01/01/2025
AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 2 1 01/01/2025
AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 2 1 01/01/2025
AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 2 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100126 AXON VR - TACTICAL BAG 4 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 3 2 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 98 2 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 98 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 3 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 8 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 6 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100396 AXON TASER 10 - MAGAZINE - INERT RED 30 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100399 AXON TASER 10 - CARTRIDGE - LIVE 1960 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100400 AXON TASER 10 - CARTRIDGE - HALT 590 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100401 AXON TASER 10 - CARTRIDGE - INERT 300 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100616 AXON TASER 10 - HOLSTER - BLACKHAWK - RH 89 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100617 AXON TASER 10 - HOLSTER - BLACKHAWK - LH 9 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100623 AXON TASER - TRAINING - ENHANCED HALT SUIT V2 2 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100748 AXON VR - CONTROLLER - TASER 10 4 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100832 AXON VR - CONTROLLER - HANDGUN VR19H 4 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101124 AXON VR - HOLSTER - T10 BLACKHAWK GREY - RH 3 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101125 AXON VR - HOLSTER - T10 BLACKHAWK GREY - LH 1 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101294 AXON VR - TABLET 4 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101300 AXON VR - TABLET CASE 4 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101386 AXON RESPOND - FUSUSCORE - PRO 2.0 4TB HDD STORAGE 4 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101391 AXON RESPOND - FUSUSCORE - ELITE AI 2.0 44TB HDD
STORAGE 1 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101408 AXON RESPOND - FUSUSCORE - CAD 1 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20018 AXON TASER - BATTERY PACK - TACTICAL 98 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20018 AXON TASER - BATTERY PACK - TACTICAL 17 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20018 AXON TASER - BATTERY PACK - TACTICAL 3 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20378 AXON VR - HEADSET - HTC FOCUS 3 4 1 01/01/2025
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 1 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL
RUGGEDIZED 2 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75
IN 2 1 01/01/2025
CRADLEPOINT R1900 SINGLE MODEM KIT 100146 AXON FLEET - CRADLEPOINT R1900-5GB-GA+5YR
NETCLOUD 54 1 01/01/2025
CRADLEPOINT R1900 SINGLE MODEM KIT 71203 AXON FLEET - AIRGAIN ANT - 7-IN-1 4LTE/5G 2WIFI 1GNSS BL 54 1 01/01/2025
CRADLEPOINT R1900 SINGLE MODEM KIT 72048 AXON FLEET 3 - SIM INSERTION - ATT 54 1 01/01/2025
Fleet 3 Advanced 10 Year 70112 AXON SIGNAL - SIGNAL UNIT 54 1 01/01/2025
Fleet 3 Advanced 10 Year 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 54 1 01/01/2025
Fleet 3 Advanced 10 Year 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 1 1 01/01/2025
A la Carte 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 3 1 01/01/2025
A la Carte 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 1 01/01/2025
A la Carte 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)3 1 01/01/2025
A la Carte 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 3 1 01/01/2025
A la Carte 50298 AXON INTERVIEW - CAMERA - OVERT DOME 5 1 01/01/2025
A la Carte 50322 AXON INTERVIEW - TOUCH PANEL PRO 4 1 01/01/2025
A la Carte 71210 AXON FLEET - DOOR TRIGGER HARDWARE - US 8 1 01/01/2025
A la Carte 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 4 1 01/01/2025
A la Carte 74116 AXON INTERVIEW - ENCLOSURE - FLUSH MOUNT 3 1 01/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100399 AXON TASER 10 - CARTRIDGE - LIVE 300 1 01/01/2026
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100400 AXON TASER 10 - CARTRIDGE - HALT 790 1 01/01/2026
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100399 AXON TASER 10 - CARTRIDGE - LIVE 290 1 01/01/2027
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100400 AXON TASER 10 - CARTRIDGE - HALT 780 1 01/01/2027
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100210 AXON VR - TAP REFRESH 1 - TABLET 4 1 07/02/2027
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101009 AXON VR - TAP REFRESH 1 - SIDEARM CONTROLLER 4 1 07/02/2027
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101012 AXON VR - TAP REFRESH 1 - CONTROLLER 4 1 07/02/2027
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20373 AXON VR - TAP REFRESH 1 - HEADSET 4 1 07/02/2027
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73309 AXON BODY - TAP REFRESH 1 - CAMERA 101 1 07/02/2027
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73313 AXON BODY - TAP REFRESH 1 - DOCK SINGLE BAY 23 1 07/02/2027
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 10 1 07/02/2027
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100399 AXON TASER 10 - CARTRIDGE - LIVE 300 1 01/01/2028
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100400 AXON TASER 10 - CARTRIDGE - HALT 790 1 01/01/2028
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100399 AXON TASER 10 - CARTRIDGE - LIVE 290 1 01/01/2029
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100400 AXON TASER 10 - CARTRIDGE - HALT 780 1 01/01/2029
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100211 AXON VR - TAP REFRESH 2 - TABLET 4 1 01/01/2030
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101010 AXON VR - TAP REFRESH 2 - SIDEARM CONTROLLER 4 1 01/01/2030
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101013 AXON VR - TAP REFRESH 2 - CONTROLLER 4 1 01/01/2030
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20374 AXON VR - TAP REFRESH 2 - HEADSET 4 1 01/01/2030
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73310 AXON BODY - TAP REFRESH 2 - CAMERA 101 1 01/01/2030
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73314 AXON BODY - TAP REFRESH 2 - DOCK SINGLE BAY 23 1 01/01/2030
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 10 1 01/01/2030
Fleet 3 Advanced 10 Year 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 54 1 01/01/2030
Fleet 3 Advanced 10 Year 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 1 1 01/01/2030
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20242 AXON TASER - CERTIFICATION PROGRAM YEAR 6-10
HARDWARE 98 1 07/02/2030
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100212 AXON VR - TAP REFRESH 3 - TABLET 4 1 07/02/2032
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101011 AXON VR - TAP REFRESH 3 - SIDEARM CONTROLLER 4 1 07/02/2032
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101014 AXON VR - TAP REFRESH 3 - CONTROLLER 4 1 07/02/2032
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20375 AXON VR - TAP REFRESH 3 - HEADSET 4 1 07/02/2032
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73317 AXON BODY - TAP REFRESH 3 - DOCK SINGLE BAY 23 1 07/02/2032
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73345 AXON BODY - TAP REFRESH 3 - CAMERA 101 1 07/02/2032
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73347 AXON BODY - TAP REFRESH 3 - DOCK MULTI BAY 10 1 07/02/2032
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73318 AXON BODY - TAP REFRESH 4 - DOCK SINGLE BAY 23 1 01/01/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73346 AXON BODY - TAP REFRESH 4 - CAMERA 101 1 01/01/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73348 AXON BODY - TAP REFRESH 4 - DOCK MULTI BAY 10 1 01/01/2035
Fleet 3 Advanced 10 Year 100092 AXON FLEET - TAP REFRESH 2 - 2 CAMERA KIT 54 1 01/01/2035
Fleet 3 Advanced 10 Year 100092 AXON FLEET - TAP REFRESH 2 - 2 CAMERA KIT 1 1 01/01/2035
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100165 AXON EVIDENCE - STORAGE - THIRD PARTY UNLIMITED 98 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100590 AXON MY90 - LICENSE 98 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100801 AXON RECORDS - OSP LICENSE 98 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101180 AXON TASER - DATA SCIENCE PROGRAM 98 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101357 AXON RESPOND - FUSUSONE - BASIC LEVEL SAAS 1 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20248 AXON TASER - EVIDENCE.COM LICENSE 98 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20248 AXON TASER - EVIDENCE.COM LICENSE 1 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20370 AXON VR - FULL ACCESS - TASER ADD-ON USER 98 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 98 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73618 AXON COMMUNITY REQUEST 98 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73638 AXON STANDARDS - LICENSE 98 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73680 AXON RESPOND PLUS - LICENSE 98 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 98 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)98 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73739 AXON PERFORMANCE - LICENSE 98 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73746 AXON EVIDENCE - ECOM LICENSE - PRO 98 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 98 02/01/2025 01/31/2035
Fleet 3 Advanced 10 Year 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 54 02/01/2025 01/31/2035
Fleet 3 Advanced 10 Year 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 54 02/01/2025 01/31/2035
Fleet 3 Advanced 10 Year 80402 AXON RESPOND - LICENSE - FLEET 3 54 02/01/2025 01/31/2035
Fleet 3 Advanced 10 Year 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 108 02/01/2025 01/31/2035
Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 60 02/01/2025 01/31/2035
Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 20 02/01/2025 01/31/2035
A la Carte 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT
WRITING 98 02/01/2025 01/31/2035
A la Carte 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH
PANEL 4 02/01/2025 01/31/2035
A la Carte 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE -
PER SERVER 2 02/01/2025 01/31/2035
A la Carte 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 8 02/01/2025 01/31/2035
Services
Bundle Item Description QTY
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100105 AXON MY90 - PSO - SETUP 1
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 98
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101184 AXON INVESTIGATE - TRAINING - OPERATOR AND EXAMINER 7
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101193 AXON TASER - ON DEMAND CERTIFICATION 1
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101421 AXON RESPOND - FUSUS SOFTWARE IMPLEMENTATION 1
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 98
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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Services
Bundle Item Description QTY
Fleet 3 Advanced 10 Year 73392 AXON FLEET 3 - INSTALLATION - UPGRADE (PER VEHICLE)54
A la Carte 100682 AXON INTERVIEW - PSO - SITE VISIT 4
A la Carte 101267 AXON VR - PSO - FULL INSTALLATION 1
A la Carte 85055 AXON BODY - PSO - FULL SERVICE 1
A la Carte 99901 AXON ACCELERATE CONFERENCE REGISTRATION 4
A la Carte 99901 AXON ACCELERATE CONFERENCE REGISTRATION 4
A la Carte 99901 AXON ACCELERATE CONFERENCE REGISTRATION 4
A la Carte 99901 AXON ACCELERATE CONFERENCE REGISTRATION 4
A la Carte 99901 AXON ACCELERATE CONFERENCE REGISTRATION 4
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80464 AXON BODY - TAP WARRANTY - CAMERA 98 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80464 AXON BODY - TAP WARRANTY - CAMERA 3 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 10 02/01/2025 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 23 02/01/2025 01/31/2035
A la Carte 50448 AXON INTERVIEW - EXT WARRANTY 4 02/01/2025 01/31/2030
A la Carte 73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED WARRANTY 6 02/01/2025 01/17/2027
A la Carte 73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED WARRANTY 6 02/01/2025 01/31/2028
A la Carte 73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED WARRANTY 40 02/01/2025 01/17/2027
A la Carte 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 3 02/01/2025 01/31/2028
A la Carte 80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 2 02/01/2025 06/30/2027
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100197 AXON VR - EXT WARRANTY - HTC FOCUS 3 HEADSET 4 01/01/2026 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100213 AXON VR - EXT WARRANTY - TABLET 4 01/01/2026 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 98 01/01/2026 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 3 01/01/2026 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101007 AXON VR - EXT WARRANTY - CONTROLLER 4 01/01/2026 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101008 AXON VR - EXT WARRANTY - HANDGUN CONTROLLER 4 01/01/2026 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 1 01/01/2026 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 4 01/01/2026 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 1 01/01/2026 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 3 01/01/2026 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 98 01/01/2026 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 17 01/01/2026 01/31/2035
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 1 01/01/2026 01/31/2035
Fleet 3 Advanced 10 Year 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 54 01/01/2026 01/31/2035
Fleet 3 Advanced 10 Year 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 54 01/01/2026 01/31/2035
Fleet 3 Advanced 10 Year 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 1 01/01/2026 01/31/2035
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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Shipping Locations
Location Number Street City State Zip Country
1 215 W Sylvester St Pasco WA 99301-5350 USA
2 215 W Sylvester St Pasco WA 99301-5350 USA
Payment Details
Jan 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Fleet - Annual Payment 1 Fleet3A10Yr Fleet 3 Advanced 10 Year 54 $84,777.85 $5,788.47 $90,566.32
Fleet - Annual Payment 1 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $6,072.98 $540.49 $6,613.47
IR - Annual Payment 1 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 4 $1,031.94 $91.84 $1,123.78
IR - Annual Payment 1 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $662.94 $59.00 $721.94
IR - Annual Payment 1 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 8 $8,985.56 $0.00 $8,985.56
IR - Annual Payment 1 50448 AXON INTERVIEW - EXT WARRANTY 4 $527.22 $46.92 $574.14
OSP - Annual Payment 1 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 98 $50,798.61 $4,521.07 $55,319.68
OSP - Annual Payment 1 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 3 $52.17 $4.64 $56.81
OSP - Annual Payment 1 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 98 $244,190.61 $18,537.60 $262,728.21
OSP - Annual Payment 1 ProLicense Pro License Bundle 20 $7,182.72 $639.26 $7,821.98
OSP - Annual Payment 1 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $1.68 $0.00 $1.68
Upfront Hardware + PSO 100682 AXON INTERVIEW - PSO - SITE VISIT 4 $7,000.00 $0.00 $7,000.00
Upfront Hardware + PSO 101267 AXON VR - PSO - FULL INSTALLATION 1 $12,000.00 $1,068.00 $13,068.00
Upfront Hardware + PSO 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 3 $1,192.53 $106.13 $1,298.66
Upfront Hardware + PSO 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)3 $729.93 $64.97 $794.90
Upfront Hardware + PSO 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 $1,216.55 $108.28 $1,324.83
Upfront Hardware + PSO 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 3 $2,056.47 $183.03 $2,239.50
Upfront Hardware + PSO 50298 AXON INTERVIEW - CAMERA - OVERT DOME 5 $4,964.60 $441.85 $5,406.45
Upfront Hardware + PSO 50322 AXON INTERVIEW - TOUCH PANEL PRO 4 $0.00 $0.00 $0.00
Upfront Hardware + PSO 71210 AXON FLEET - DOOR TRIGGER HARDWARE - US 8 $0.00 $0.00 $0.00
Upfront Hardware + PSO 73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED WARRANTY 40 $0.00 $0.00 $0.00
Upfront Hardware + PSO 73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED WARRANTY 6 $0.00 $0.00 $0.00
Upfront Hardware + PSO 73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED WARRANTY 6 $0.00 $0.00 $0.00
Upfront Hardware + PSO 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 4 $0.00 $0.00 $0.00
Upfront Hardware + PSO 74116 AXON INTERVIEW - ENCLOSURE - FLUSH MOUNT 3 $396.00 $35.25 $431.25
Upfront Hardware + PSO 80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 2 $255.20 $22.71 $277.91
Upfront Hardware + PSO 85055 AXON BODY - PSO - FULL SERVICE 1 $0.00 $0.00 $0.00
Upfront Hardware + PSO 99901 AXON ACCELERATE CONFERENCE REGISTRATION 4 $0.00 $0.00 $0.00
Upfront Hardware + PSO 99901 AXON ACCELERATE CONFERENCE REGISTRATION 4 $0.00 $0.00 $0.00
Upfront Hardware + PSO 99901 AXON ACCELERATE CONFERENCE REGISTRATION 4 $0.00 $0.00 $0.00
Upfront Hardware + PSO 99901 AXON ACCELERATE CONFERENCE REGISTRATION 4 $0.00 $0.00 $0.00
Upfront Hardware + PSO 99901 AXON ACCELERATE CONFERENCE REGISTRATION 4 $0.00 $0.00 $0.00
Upfront Hardware + PSO H00001 AB4 Camera Bundle 5 $0.00 $0.00 $0.00
Upfront Hardware + PSO H00001 AB4 Camera Bundle 4 $0.00 $0.00 $0.00
Upfront Hardware + PSO H00002 AB4 Multi Bay Dock Bundle 2 $0.00 $0.00 $0.00
Invoice Upon Fulfillment 100552 TRANSFER CREDIT - GOODS 1 $49,681.00 $4,421.61 $54,102.61
Invoice Upon Fulfillment 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($13,563.00)($1,207.11)($14,770.11)
Total $470,213.56 $35,474.01 $505,687.57
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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Feb 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 98 $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00
Jan 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Fleet - Annual Payment 2 Fleet3A10Yr Fleet 3 Advanced 10 Year 54 $84,777.83 $5,788.47 $90,566.30
Fleet - Annual Payment 2 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $6,072.98 $540.49 $6,613.47
IR - Annual Payment 2 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 4 $1,031.94 $91.84 $1,123.78
IR - Annual Payment 2 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $662.94 $59.00 $721.94
IR - Annual Payment 2 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 8 $8,985.60 $0.00 $8,985.60
IR - Annual Payment 2 50448 AXON INTERVIEW - EXT WARRANTY 4 $527.22 $46.92 $574.14
OSP - Annual Payment 2 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 98 $61,961.48 $5,514.57 $67,476.05
OSP - Annual Payment 2 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 3 $63.63 $5.66 $69.29
OSP - Annual Payment 2 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 98 $297,851.17 $22,611.22 $320,462.39
OSP - Annual Payment 2 ProLicense Pro License Bundle 20 $8,761.12 $779.74 $9,540.86
OSP - Annual Payment 2 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $2.05 $0.00 $2.05
Total $470,697.96 $35,437.91 $506,135.87
Jan 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Fleet - Annual Payment 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 54 $120,101.94 $8,200.34 $128,302.28
Fleet - Annual Payment 3 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $8,603.38 $765.70 $9,369.08
IR - Annual Payment 3 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 4 $1,461.92 $130.11 $1,592.03
IR - Annual Payment 3 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $939.16 $83.59 $1,022.75
IR - Annual Payment 3 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 8 $12,729.60 $0.00 $12,729.60
IR - Annual Payment 3 50448 AXON INTERVIEW - EXT WARRANTY 4 $746.90 $66.47 $813.37
OSP - Annual Payment 3 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 98 $87,789.01 $7,813.22 $95,602.23
OSP - Annual Payment 3 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 3 $90.15 $8.02 $98.17
OSP - Annual Payment 3 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 98 $422,004.64 $32,036.31 $454,040.95
OSP - Annual Payment 3 ProLicense Pro License Bundle 20 $12,413.02 $1,104.76 $13,517.78
OSP - Annual Payment 3 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $2.91 $0.00 $2.91
Total $666,882.63 $50,208.52 $717,091.15
Jan 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Fleet - Annual Payment 4 Fleet3A10Yr Fleet 3 Advanced 10 Year 54 $120,101.94 $8,200.34 $128,302.28
Fleet - Annual Payment 4 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $8,603.38 $765.70 $9,369.08
IR - Annual Payment 4 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 4 $1,461.92 $130.11 $1,592.03
IR - Annual Payment 4 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $939.16 $83.59 $1,022.75
IR - Annual Payment 4 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 8 $12,729.60 $0.00 $12,729.60
IR - Annual Payment 4 50448 AXON INTERVIEW - EXT WARRANTY 4 $746.90 $66.47 $813.37
OSP - Annual Payment 4 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 98 $87,789.01 $7,813.22 $95,602.23
OSP - Annual Payment 4 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 3 $90.15 $8.02 $98.17
OSP - Annual Payment 4 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 98 $422,004.64 $32,036.31 $454,040.95
OSP - Annual Payment 4 ProLicense Pro License Bundle 20 $12,413.02 $1,104.76 $13,517.78
OSP - Annual Payment 4 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $2.91 $0.00 $2.91
Total $666,882.63 $50,208.52 $717,091.15
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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Jan 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Fleet - Annual Payment 5 Fleet3A10Yr Fleet 3 Advanced 10 Year 54 $120,101.94 $8,200.34 $128,302.28
Fleet - Annual Payment 5 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $8,603.38 $765.70 $9,369.08
IR - Annual Payment 5 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 4 $1,461.92 $130.11 $1,592.03
IR - Annual Payment 5 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $939.16 $83.59 $1,022.75
IR - Annual Payment 5 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 8 $12,729.60 $0.00 $12,729.60
IR - Annual Payment 5 50448 AXON INTERVIEW - EXT WARRANTY 4 $746.90 $66.47 $813.37
OSP - Annual Payment 5 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 98 $87,789.01 $7,813.22 $95,602.23
OSP - Annual Payment 5 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 3 $90.15 $8.02 $98.17
OSP - Annual Payment 5 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 98 $422,004.64 $32,036.31 $454,040.95
OSP - Annual Payment 5 ProLicense Pro License Bundle 20 $12,413.02 $1,104.76 $13,517.78
OSP - Annual Payment 5 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $2.91 $0.00 $2.91
Total $666,882.63 $50,208.52 $717,091.15
Jan 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Fleet - Annual Payment 6 Fleet3A10Yr Fleet 3 Advanced 10 Year 54 $120,101.94 $8,200.34 $128,302.28
Fleet - Annual Payment 6 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $8,603.38 $765.70 $9,369.08
IR - Annual Payment 6 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 4 $1,461.92 $130.11 $1,592.03
IR - Annual Payment 6 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $939.16 $83.59 $1,022.75
IR - Annual Payment 6 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 8 $12,729.60 $0.00 $12,729.60
IR - Annual Payment 6 50448 AXON INTERVIEW - EXT WARRANTY 4 $746.90 $66.47 $813.37
OSP - Annual Payment 6 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 98 $87,789.01 $7,813.22 $95,602.23
OSP - Annual Payment 6 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 3 $90.15 $8.02 $98.17
OSP - Annual Payment 6 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 98 $422,004.64 $32,036.31 $454,040.95
OSP - Annual Payment 6 ProLicense Pro License Bundle 20 $12,413.02 $1,104.76 $13,517.78
OSP - Annual Payment 6 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $2.91 $0.00 $2.91
Total $666,882.63 $50,208.52 $717,091.15
Jan 2031
Invoice Plan Item Description Qty Subtotal Tax Total
Fleet - Annual Payment 7 Fleet3A10Yr Fleet 3 Advanced 10 Year 54 $120,101.94 $8,200.34 $128,302.28
Fleet - Annual Payment 7 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $8,603.38 $765.70 $9,369.08
IR - Annual Payment 7 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 4 $1,461.92 $130.11 $1,592.03
IR - Annual Payment 7 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $939.16 $83.59 $1,022.75
IR - Annual Payment 7 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 8 $12,729.60 $0.00 $12,729.60
IR - Annual Payment 7 50448 AXON INTERVIEW - EXT WARRANTY 4 $746.90 $66.47 $813.37
OSP - Annual Payment 7 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 98 $87,789.01 $7,813.22 $95,602.23
OSP - Annual Payment 7 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 3 $90.15 $8.02 $98.17
OSP - Annual Payment 7 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 98 $422,004.64 $32,036.31 $454,040.95
OSP - Annual Payment 7 ProLicense Pro License Bundle 20 $12,413.02 $1,104.76 $13,517.78
OSP - Annual Payment 7 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $2.91 $0.00 $2.91
Total $666,882.63 $50,208.52 $717,091.15
Jan 2032
Invoice Plan Item Description Qty Subtotal Tax Total
Fleet - Annual Payment 8 Fleet3A10Yr Fleet 3 Advanced 10 Year 54 $120,101.94 $8,200.34 $128,302.28
Fleet - Annual Payment 8 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $8,603.38 $765.70 $9,369.08
IR - Annual Payment 8 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 4 $1,461.92 $130.11 $1,592.03
IR - Annual Payment 8 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $939.16 $83.59 $1,022.75
IR - Annual Payment 8 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 8 $12,729.60 $0.00 $12,729.60
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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Jan 2032
Invoice Plan Item Description Qty Subtotal Tax Total
IR - Annual Payment 8 50448 AXON INTERVIEW - EXT WARRANTY 4 $746.90 $66.47 $813.37
OSP - Annual Payment 8 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 98 $87,789.01 $7,813.22 $95,602.23
OSP - Annual Payment 8 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 3 $90.15 $8.02 $98.17
OSP - Annual Payment 8 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 98 $422,004.64 $32,036.31 $454,040.95
OSP - Annual Payment 8 ProLicense Pro License Bundle 20 $12,413.02 $1,104.76 $13,517.78
OSP - Annual Payment 8 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $2.91 $0.00 $2.91
Total $666,882.63 $50,208.52 $717,091.15
Jan 2033
Invoice Plan Item Description Qty Subtotal Tax Total
Fleet - Annual Payment 9 Fleet3A10Yr Fleet 3 Advanced 10 Year 54 $120,101.94 $8,200.34 $128,302.28
Fleet - Annual Payment 9 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $8,603.38 $765.70 $9,369.08
IR - Annual Payment 9 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 4 $1,461.92 $130.11 $1,592.03
IR - Annual Payment 9 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $939.16 $83.59 $1,022.75
IR - Annual Payment 9 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 8 $12,729.60 $0.00 $12,729.60
IR - Annual Payment 9 50448 AXON INTERVIEW - EXT WARRANTY 4 $746.90 $66.47 $813.37
OSP - Annual Payment 9 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 98 $87,789.01 $7,813.22 $95,602.23
OSP - Annual Payment 9 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 3 $90.15 $8.02 $98.17
OSP - Annual Payment 9 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 98 $422,004.64 $32,036.31 $454,040.95
OSP - Annual Payment 9 ProLicense Pro License Bundle 20 $12,413.02 $1,104.76 $13,517.78
OSP - Annual Payment 9 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $2.91 $0.00 $2.91
Total $666,882.63 $50,208.52 $717,091.15
Jan 2034
Invoice Plan Item Description Qty Subtotal Tax Total
Fleet - Annual Payment 10 Fleet3A10Yr Fleet 3 Advanced 10 Year 54 $120,101.94 $8,200.26 $128,302.20
Fleet - Annual Payment 10 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $8,603.38 $765.71 $9,369.09
IR - Annual Payment 10 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 4 $1,461.92 $130.12 $1,592.04
IR - Annual Payment 10 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $939.16 $83.56 $1,022.72
IR - Annual Payment 10 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 8 $12,729.60 $0.00 $12,729.60
IR - Annual Payment 10 50448 AXON INTERVIEW - EXT WARRANTY 4 $746.90 $66.50 $813.40
OSP - Annual Payment 10 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 98 $87,789.01 $7,813.21 $95,602.22
OSP - Annual Payment 10 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 3 $90.15 $8.06 $98.21
OSP - Annual Payment 10 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 98 $422,004.64 $32,036.43 $454,041.07
OSP - Annual Payment 10 ProLicense Pro License Bundle 20 $12,413.02 $1,104.75 $13,517.77
OSP - Annual Payment 10 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 54 $2.91 $0.00 $2.91
Total $666,882.63 $50,208.60 $717,091.23
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit
prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement
(posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview
Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to
the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix
as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to
develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by
reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you
are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency
for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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Exceptions to Standard Terms and Conditions
Agency has existing contract(s) originated via Quote(s):
Q-316163, Q-339622, Q-363861, Q-392391, Q-395673, Q-401400, Q-458554, Q-527253, Q-548482, Q-254526
Agency is terminating those contracts effective 2/1/2025 Any changes in this date will result in modification of the program value which may result in additional fees
or credits due to or from Axon.
The parties agree that Axon is applying a Net Transfer Debit of $36,117.77
100% discounted BWC Camera Hardware and Fleet Camera hardware contained in this quote reflects a TAP replacement for hardware purchased under existing
contract Q-254526, Q-316163, Q-339622, Q-363861, Q-392391, Q-395673, Q-401400, Q-458554. All Fleet and BWC TAP obligations from this contract will be
considered fulfilled upon execution of this quote.
Quotes Q-588250, Q-573765, Q-573791, Q-57380, and Q-573816 are contingent upon the execution of each other.
\s1\\d1\
Signature Date Signed
8/28/2024
Docusign Envelope ID: 7BA34034-282B-418B-8540-FCA3F76633EB
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AGENDA REPORT
FOR: City Council September 12, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/16/24
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Historic Preservation Commission Reappointment of Marilynn Baker
I. REFERENCE(S):
Resolution No. 4262
Candidate Applications - Council only
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to confirm the Mayor's reappointment of Marilynn Baker to
Position No. 3 on the Historic Preservation Commission with term expiring on
August 1, 2027.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The Historic Preservation Commission (HPC) is composed of five members;
terms for each position are for three (3) years. The HPC meets the first
Tuesday of each month.
The HPC identifies and actively encourages the conservation of Pasco’s
historic resources by reviewing National Register properties applying for
Special Tax Valuation, raises community awareness of Pasco’s history and
historic resources, and serves as the City of Pasco’s primary resource in
matters of history, historic planning and preservation.
Position No. 3, currently held by Marilynn Baker expired on August 1, 2024;
however, per the PMC, she has continue to serve on this commission until
either she is reappointed or a new appointment is made.
Page 114 of 220
As outlined in Resolution No. 4262, an incumbent may be reappointed by the
Mayor without an interview if the incumbent has severed not more than two
consecutive terms since the last interview. Ms. Baker was interviewed during
her last reappointment in 2021 by a Council Subcommittee. She remains in
good standing and is a faithful commissioner on the Historic Planning
Commission.
V. DISCUSSION:
Mayor Serrano requests Council's confirmation in his reappointment of
Marilynn Baker to the Historic Preservation Commission.
Page 115 of 220
RESOLUTION NO.4262
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
AMENDING THE PROCESS FOR APPOINTMENTS TO CITY BOARDS AND
COMMISSIONS.
WHEREAS, the City of Pasco maintains several citizen boards and commissions to assist
the delivery of municipal services,as well as to advise the City Council in making policy decisions;
and
WHEREAS, the appointment process prescribed throughout the Pasco Municipal Code
requires the Mayor to appoint qualified individuals to vacancies on such boards or commissions,
subject to confirmation of the City Council; and
WHEREAS, the last amendment to the City's Boards and Commissions appointment
process was passed by Council on April 16, 2012, through Resolution No. 3388; and
WHEREAS, the solicitation process and management of the City's Boards and
Commissions members was transferred from the City Manager's Office to the City Clerk's Office
in January 2020; and
WHEREAS, during the onset of the COVID-19 pandemic in early 2020, the process for
reviewing application packets and interviewing candidates was modified to accommodate meeting
restrictions, which also allowed far the use of new technology providing for the conduct of
interviews virtually; and
WHEREAS, the Mayor and City Council desire to continue reviewing City Boards and
Commissions application packets and interviewing candidates through a Council subcommittee
consisting of two Councilmembers and the Mayor, which has been effective and efficient for both
the City Council and applicants alike.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO,WASHINGTON:
Section 1: Applications for vacancies on City Boards and Commissions shall be solicited
by the City Clerk's Office on behalf of the City Council prior to when a position's term expires or
when a vacancy occurs due to a resignation or removal of a member.
Section 2: Application packets, of those candidates meeting the qualifications for the
Board or Commission position(s), shall be reviewed by a Council subcommittee appointed by the
Mayor,which shall include the Mayor and two Councilmembers. The Council subcommittee shall
be ad-hoc and appointed when applications are received for a current vacancy or vacancies or for
upcoming position term expirations. The Council subcommittee shall select those candidates it
deems best suited for the respective Board/Commission but not more than three candidates for
Resolution—BC Interview&Appointment Process- 1
Page 116 of 220
each vacancy to be filled. The Council subcommittee shall consider the following factors,
including,but not limited to :
a) Geographic representation
b) Gender representation
c) Ethnic representation
d) Familial and financial relationships of board members
e) Qualifications and expertise related to the subject matter of the respective Board or
Commission
Section 3: The Council subcommittee shall conduct the interviews of the selected
candidates and may recommend reappointment of an incumbent applicant without interview if the
incumbent has served not more than two consecutive terms since the last interview. At a City
Council meeting following such interviews, an interviewed candidate shall be selected by the
Mayor for appointment/reappointment to each vacant position. Any candidate selected by the
Mayor shall be subject to confirmation vote by the City Council; a majority vote of the quorum
present at such meeting shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions in this
resolution shall be superseded by this resolution.
Section 5: This Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this 24 day of October,
2022.
Blan s
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC err Fer I aw, PLLC
City Clerk City torneys
Resolution—BC Interview&Appointment Process-2
Page 117 of 220
AGENDA REPORT
FOR: City Council September 12, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/16/24
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: Public Hearing & Ordinance No.4727 - Right-of-Way Vacation for
Alvarado Place (VAC 2024-002) (5 minutes)
I. REFERENCE(S):
Ordinance
Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
HOLD A PUBLIC HEARING
MOTION:I move to adopt Ordinance No. 4727, vacating a 20-foot Right-of-Way
Plat Short of 1 Lot along line property eastern the 94-7 of located
approximately 300 feet east of the intersection of Road 100 and West Court
Street, in Pasco, Washington, and, further, authorize publication by summary
only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On May 9, 2024, the City received a petition to vacate a 20-foot Right-of-Way
along located 94-7 Plat Short of 1 of line property eastern the Lot
approximately 300 feet east of the intersection of Road 100 and West Court
Street (Parcel No. 118292143).
Staff processed the petition in accordance with requirements of Pasco
Municipal Code 12.40.030.
On August 5, 2024, City Council passed Resolution No. 4480, setting 7:00
p.m., Monday, September 16, 2024, as the date for a public hearing to
Page 118 of 220
consider this vacation request.
V. DISCUSSION:
Chapter 12.40 of the Pasco Municipal Code (PMC) outlines the process and
criteria for the consideration of street, alley, and access easement vacations
related to street, pedestrian, or travel purposes for public use. The applicant
has requested the vacation of a 20-foot Right-of-Way (ROW) along the eastern
property line of Lot 1 of Short Plat 94-7, located approximately 300 feet east of
the intersection of Road 100 and West Court Street (Parcel No. 118292143),
as illustrated in Exhibit A.
In evaluating the proposed vacation based on PMC Section 12.40.070(1)-(4),
staff has made the following determinations:
(1) The vacation shall not adversely affect traffic accessibility and circulation
within the immediate area or within the City as a whole;
The proposed vacation will not adversely affect traffic accessibility or circulation
in the immediate area or the City as a whole, as the ROW is currently
undeveloped.
(2) The right-of-way is not contemplated or needed for future public use;
The ROW is not anticipated to be needed for future public use. Given the
existing development patterns, the extension of the current ROW is not
feasible.
(3) No abutting property will become landlocked, or its access substantially
impaired; and
The vacation will not result in any abutting property becoming landlocked or
impair access. All adjacent properties have access to alternative rights-of-way.
(4) The public needs shall not be adversely affected and the vacation will
provide a public benefit or serve a public purpose.
The vacation will not negatively impact public needs, as the ROW is
undeveloped and not currently used for access or circulation.
Per PMC 12.40.080, when vacating a street, alley, or public easement, the City
may reserve easements for public utilities, services, pedestrian trails, and other
necessary uses. Given the presence of overhead power utilities in the ROW,
staff recommends that the City retain a minimum 20-foot access and utility
easement along the eastern property line of Lot 1 of Short Plat 94-7 (Franklin
Page 119 of 220
County Parcel No. 118292143), as shown in Exhibit A.
Notification of the application was sent to City departments and external
agencies for review. Staff has found the application to be compliant with the
requirements of Chapter 12.40. An ordinance is attached for City Council
consideration.
Page 120 of 220
Ordinance – VAC 2024-002 - Alvarado ROW 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
VACATING A 20-FOOT RIGHT-OF-WAY ALONG THE EASTERN
PROPERTY LINE OF LOT 1 OF SHORT PLAT 94-7 LOCATED
APPROXIMATELY 300 FEET EAST OF THE INTERSECTION OF ROAD 100
AND WEST COURT STREET.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights-of-way (ROW); and
WHEREAS, a petition for vacating a 20-foot Right-of-Way along the eastern property line
of Lot 1 of Short Plat 94-7 located approximately 300 feet east of the intersection of Road 100 and
West Court Street has been submitted to the City by owners of more than two-thirds of the
properties abutting the portion of the right-of-way to be vacated per Pasco Municipal Code (PMC);
and
WHEREAS, on August 5, 2024, pursuant to the PMC Section 12.40.040, the City passed
Resolution No. 4480, initiating the vacation procedures and setting a public hearing for the
proposed vacation; and
WHEREAS, pursuant to PMC Section 12.40.050, appropriate notice was given of the
City’s intent to vacate the public right-of-way; and
WHEREAS, the City held a public hearing on the proposed vacation on September 16,
2024; and
WHEREAS, the vacation process provided in PMC Chapter 12.40 requires a title report,
and an appraisal of value and compensation unless waived by the City Council; and
Page 121 of 220
Ordinance – VAC 2024-002 - Alvarado ROW 2
WHEREAS, pursuant to PMC Section 12.40.120(2) the City may waive the requirement
for a title report, an appraisal of value and compensation if one or more of the following are
applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the
City; the Council had previously determined that the right-of-way is not essential to public traffic
circulation and is available for vacation; the grant of a substitute right-of-way has value as a right-
of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community
of the project requiring the vacation outweighs the appraised value of the right-of-way to be
vacated; and
WHEREAS, the proposed vacation does meet one or more of the above listed criteria for
waiver of the requirements for a title report, an appraisal of value, and compensation pursuant to
PMC Section 12.40.120(2), as applicant has submitted a preliminary plat application (PP 2024-
005) in conjunction with this ROW Vacation; and the City will require dedication and development
of substitute right-of-way of at least equal to the right-of-way to be vacated as condition of the
proposed plat; and the resulting benefit to the community of the project requiring the vacation
outweighs the appraised value of the right-of-way to be vacated; and
WHEREAS, the City Council may approve a right-of-way vacation upon making findings
pursuant to PMC Section 12.40.070(1)-(4), that the vacation of the right-of-way will not adversely
affect traffic accessibility and circulation within the immediate area or with the City as a whole; is
not contemplated or needed for future use; no abutting property will become landlocked or have
access substantially impaired; and the public needs shall not be adversely affected and the vacation
will provide a public benefit or serve a public purpose; and
WHEREAS, the City Council finds that the required criteria of the PMC Section
12.40.070(1)-(4) have been met; and
WHEREAS, all steps and procedures required by law to vacate said right-of-way have
been duly taken and performed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That a portion of right-of-way, as described below and as depicted in
Exhibit A, attached hereto, be and the same is hereby vacated;
All that portion of that certain 20.00-foot Right-of-Way as shown lying Easterly of
and adjacent to Lot 1 of Short Plat 94-7, as recorded under Volume 1 of Short Plats
at Page 334 records of Franklin County with the Southern boundary of Right-of-
Way to be vacated being the Southeasterly extension of the Southerly line of said
Lot 1 and the Northerly boundary of said Vacation being the Easterly extension of
said Lot 1, all located in a portion of the Northwest Quarter and a portion of
Government Lot 1 of the Northwest Quarter of Section 20, Township 9 North,
Range 29 E, Willamette Meridian, Franklin County, Washington;
Page 122 of 220
Ordinance – VAC 2024-002 - Alvarado ROW 3
Comprising approximately 7,643 square feet..
Section 2. That the City shall retain an easement and the right to exercise or grant
easements consisting of the western 20 feet adjacent the eastern property line of said Short Plat
94-7.
Section 3. That pursuant to PMC Chapter 12.40, the City Council waives the
requirements for an appraisal, title report, survey, and compensation for the vacated right-of-way.
Section 4. That a certified copy of this Ordinance be recorded by the City Clerk of the
City of Pasco in and with the office of the Auditor of Franklin County, Washington.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or word
of this Ordinance is held to be 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 6. 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 regulation s; or
numbering or referencing of ordinances or their sections and subsections.
Section 7. 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, this ____ day of
September, 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 123 of 220
Page 124 of 220
Item:l4-L0t Preliminary Plat &RS-20 to R—lRezone
Applicant(s):Haven Capital,LLC c/o Cody Fielding
File #2 PP 2024-005 &Z 2024-003
0':.V a»
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AGENDA REPORT
FOR: City Council September 12, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/16/24
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: Ordinance No. 4728 - Osprey Pointe Rezone from I-3 to MU (Z 2024-
004) (5 minutes)
I. REFERENCE(S):
Ordinance
Exhibit A - Hearing Examiner Recommendation, Dated August 2, 2024
Exhibit B - Map
Presentation
Staff Report and information packet to Hearing Examiner for Hearing on July
24, 2024
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: zoning the amending 4728, No. adopt to move I Ordinance
classification of certain real property located SE of the intersection of S Grey
Avenue and E Ainsworth Avenue, and SW of the intersection of E Dock Street
and SE Road 18, Pasco, Franklin County, Washington, from I-3 to MU and,
further, authorize publication by summary only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
On July 24, 2024, the Hearing Examiner held a public hearing to consider a
request to rezone Parcels C, D and E of Binding Site Plan 2015-05, located SE
of the intersection of S Grey Avenue and E Ainsworth Avenue and SW of the
intersection of E Dock Street and SE Road 18, and addressed as 904 E
Ainsworth Avenue (Parcel # 112-420-025), 1110 Osprey Pointe Boulevard
(Parcel # 112-420-026), and 1740 E Dock Street (Parcel # 112-420-027)
Pasco, Franklin County, Washington from I-3 (Heavy Industrial District) to MU
(Mixed-Use District).
Page 126 of 220
Following the conclusion of the public hearing, the Hearing Examiner
recommended approval of the Applicant's request for a rezone.
No appeals of this recommendation have been received.
V. DISCUSSION:
Applicant JMS Development, LLC submitted application, Z 2024-004, to rezone
904 E Ainsworth Avenue (Parcel # 112-420-025), 1110 Osprey Pointe
Boulevard (Parcel # 112-420-026), and 1740 E Dock Street (Parcel # 112-420-
027) in Pasco, WA 99301 from I-3 (Heavy Industrial) to MU (Mixed Use). The
site underlying The acres. combined 54.09 approximately comprises
Comprehensive Plan Future Land Use classification is “Mixed Residential and
Commercial.”
The site was annexed into the City in 1994 and assigned zoning via Ordinance
3033. Ordinance 3033 adopted the zoning designations of Resolution 2122,
designating the site’s zoning district as I-3.
The initial review criteria for considering a rezone application are explained in
PMC 25.210.030. The criteria are listed below as follows:
1. The date the existing zone became effective:
The site was assigned the zoning district designation of I-3 in 1994 via
Ordinance 3033 and Resolution 2122.
2. The changed conditions, which are alleged to warrant other or
additional zoning:
Passage of Ordinance 4668 (May 2023) modifying the City’s zoning code and
providing for a Mixed-Use zoning district is the primary changed condition
warranting the rezone. The proposed rezone would allow the site to be
developed as intended per the Comprehensive Plan Land Use Map.
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The Mixed Residential and Commercial designation allows for R-1, R-2, R-3,
R-4, C-1, O and Waterfront (read Mixed-Use) zoning, which would allow for
residential and commercial development in accordance with the adopted
zoning code.
The rezone application and proposal are consistent with the City Council-
approved amendments to the Pasco Comprehensive Plan, which has been
determined to be in the best interest of advancing public health, safety and
general welfare of the community.
Page 127 of 220
4. The effect it will have on the value and character of the adjacent
property and the Comprehensive Plan:
Surrounding properties are developed with single family, commercial and
industrial uses. Two of the parcels requesting rezoning are currently developed
with commercial/government offices which is in conformance with the Mixed-
Use zoning district and in character with the surrounding properties.
The proposed rezone would allow for a combination of mixed-use residential
and commercial in the same development: Single-family dwellings, patio
homes, townhouses, apartments and condominiums at a density of 5 to 29
dwelling units per acre; and neighborhood shopping and specialty centers,
business parks, service and office uses.
5. The effect on the property owner or owners if the request is not
granted:
The proposed development would not be permitted under the existing zoning
designation, creating inconsistencies between the adopted Comprehensive
Plan Future Land Use Map and development opportunities.
6. The Comprehensive Plan land use designation for the property:
The City of Pasco Comprehensive Plan Land Use Map designates this site as
“Mixed Residential and Commercial”. The Mixed Residential and Commercial
designation accommodates a diverse range of housing, nonresidential uses,
commercial uses, neighborhood retail and office uses, parks and recreation
areas, and civic uses at a density of 5 to 29 dwelling units per acre, and may
be assigned R-1, R-2, R-3, R-4, C-1, O and Waterfront zoning.
7. Such other information as the Hearing Examiner requires:
The rezone application is consistent with and meets the intent of the
Comprehensive Plan, and City Council Goals.
Full descriptions and details can be found in the attached "Exhibit A".
Recommendation--Hearing Examiner:
As noted in the attached "Exhibit A," the Hearing Examiner has found that the
proposed rezone meets the criteria found in PMC Section 25.210.060, and
recommended, based on the Recommended Findings of Fact and Conclusions
of Law, that the City Council approve the rezone of Parcels 112-420-025, 112-
420-026, and 112-420-027 from I-3 to MU, without a concomitant agreement.
Page 128 of 220
Ordinance Rezone Z 2024-004 – Osprey Pointe - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED SE OF THE INTERSECTION OF S GREY AVENUE
AND E AINSWORTH AVENUE AND SW OF THE INTERSECTION OF E
DOCK STREET AND SE ROAD 18 IN PASCO, FRANKLIN COUNTY,
WASHINGTON, FROM I-3, HEAVY INDUSTRIAL, TO MU, MIXED-USE.
WHEREAS, JMS Development, the Petitioner seeks to rezone Parcel Nos. 112420025,
112420026, and 112420027, located at 904 E Ainsworth Avenue, 1110 Osprey Pointe Boulevard,
and 1740 E Dock Street, Pasco, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City of
Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing
was conducted by the Pasco Hearing Examiner upon such petition on July 24, 2024; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by t he regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposal is consistent with and
satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to
approve the rezone, which findings and recommendation are hereby adopted by the City Council,
and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Page 129 of 220
Ordinance Rezone Z 2024-004 – Osprey Pointe - 2
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the
Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from
I-3, Heavy Industrial, to MU, Mixed-Use, for the real property as shown in the Exhibit B attached
hereto and described as follows:
BINDING SITE PLAN 2015-05 PARCEL C
BINDING SITE PLAN 2015-05 PARCEL D
BINDING SITE PLAN 2015-05 PARCEL E
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.
Page 130 of 220
Ordinance Rezone Z 2024-004 – Osprey Pointe - 3
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
202_.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 131 of 220
CITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF )RCOMMENDED FINDINGS OF
)FACT,CONCLUSIONSOF LAWZ2024-004 )DECISION AND
Osprey Pointe Rezone )CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on July 24,2024.The Hearing Examiner having taken evidence hereby submits the following Recommended FindingsofFact,Conclusions of Law,Decision and Conditions of Approval as follows:
I.RECOMIVIENDEDFINDINGS OF FACT
1.APPLICANT:JMS Development LLC,904 E AinsworthAvenue,Pasco,WA 99301
2.REQUEST:REZONE:904 E AinsworthAvenue (Parcel #112—420—025),1110 Osprey Pointe
Boulevard (Parcel #112—420-026),and 1740 E Dock Street (Parcel #112-420—027)rezone from L3
(Heavy Industrial)to (MU Mixed Use).
3.Timeline:
31 May 2024 Application Submitted
Determination of Incompleteness
16 June 2024
Application Deemed Complete
20 June 2024
SEPA Threshold Determination of Non-Signi?cance Issued
7 July 2024
Application Noticed for Public Hearing
7 July 2024
Public Hearing/Staff Report Published
17 July 2024
4.PROPERTY DESCRIPTION:
4.1.Abbreviated Legal:BINDING SITE PLAN 2015-05 PARCEL C
4.2.General Location:904 E Ainsworth Avenue
4.3.Approximate Property Size:19.74 acres
4.4.AbbreviatedLegal:BINDING SITE PLAN 2015—05PARCEL D
4.5.General Location:1110 Osprey Pointe Boulevard
4.6.Approximate Property Size:18.53 acres
4.7.Abbreviated Legal:BINDING SITE PLAN 2015-05 PARCEL E
4.8.General Location:1740 E Dock Street
4.9.Approximate Property Size:15.83 acres
Z 2024—004
Osprey Pointe Rezone
Page 1 of 6
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10.
11.
ACCESS:904 E AinsworthAvenue (Parcel #112-420-025)has access to E AinsworthAvenue,1110OspreyPointeBoulevard(Parcel #112-420—026)has access to Osprey Pointe Boulevard and EAinsworthAvenue,and 1740 E Dock Street (Parcel #112—420—027)has access to E Dock Street,EAinsworthAvenue,and SE Road 18.
UTILITIES:Municipal water and sewer are available on Osprey Pointe Boulevard and E AinsworthAvenue.
LAND USE AND ZONING:The properties are zoned I-3 Heavy Industrial.904 E AinsworthAvenue(Parcel #112-420—025)contains an approximately 4,000 square foot of?ce building,1110 OspreyPointeBoulevard(Parcel #112-420-026)is developedwith an of?ce building,and 1740 E Dock Streetisclassi?ed as undeveloped by the Franklin County Tax assessor but contains an approximately 4,300squarefootutility/commercial building that appears to be disused.Surrounding properties are zoned,and developedas follows:
7.1.North:I—lLight Industrial/I—3Heavy Industrial,Wastewater treatment plant,commercial and
government of?ces,and industrial buildings
7.2.East:I-3 Heavy Industrial,Industrial outdoor storage and stockpiling
7.3.South:I—3,Walking trail along Columbia River
7.4.West:I-1 Light Industrial/R—2Medium Density Residential,Commercial Buildings and Single
S
Family Dwellings
Comprehensive Plan:The City of Pasco Comprehensive Plan designates this site as “MixedResidentialandCommercial.”The Mixed Residential and Commercial designation accommodates adiverserangeofhousing,nonresidential uses,commercial uses,neighborhood retail and of?ce uses,parks and recreation areas,and civic uses at a density of 5 to 29 dwelling units per acre,and may beassignedR—l,R—2,R-3,R-4,C—1,0 and Waterfront zoning district designations.Per Pasco Municipal
Code (PMC)25.215.015,maximum gross density of any proposed development within any zoningdistrict,expressed as dwelling units per acre,shall be no less than the corresponding minimum density
expressed in the Comprehensive Plan land use density table,and no greater than the correspondingmaximumdensityexpressedintheComprehensivePlanlandusedensitytable,except as provided inChapter25.161 PMC.This rezone is consistentwith the Comprehensive Plan.
ENVIRONMENTAL DETERMINATION:The City of Pasco is the State EnvironmentalPolicy Act
(“SEPA”)lead agency for this project (SEPA2024—035).Based on the SEPA environmental checklist,Comprehensive Plan,applicable regulations,and other information,a threshold determinationresulting
in a Determination of Non-Signi?cance (DNS)for this project was issued on July 7,2024 under WAC
197-11-15 8.
Applicant JMS Development LLC wishes to rezone 904 EAinsworth Avenue (Parcel #112—420—025),
1110 Osprey Pointe Boulevard (Parcel #112-420-026),and 1740 E Dock Street (Parcel #112-420-027)in Pasco,WA 99301 from I—3(Heavy Industrial)to MU (Mixed Use).The combined acreage of the site
comprises approximately 54.09.The underlying Comprehensive Plan Future Land Use is “Mixed
Residential and Commercial.”
The proposed rezone does not include a project action.It is anticipated that should the rezone be
approved a subsequent subdivision project may be submitted for review.This review would include
requirements for the impacts it has on the level of service for parks,transportation,etc.Any subsequent
subdivision proposals would additionally be required to adhere to Pasco Municipal Code,including
provisions such as connectivity and residential design standards.
Z 2024-004
Osprey Pointe Rezone
Page 2 of 6
Page 133 of 220
12.History:The site was annexed into the City in 1994 and assigned zoning via Ordinance 3033.Ordinance 3033 adopted the zoning designations of Resolution 2122,designating the site’s zone as l-3.
13.Rezone Criteria:The initial review criteria for consideringa rezone application are explained in PMC.25.210.030.The criteria are listed below as follows:
13.1.The date the existing zone became effective:
13.1.1.The site was assigned the [-3 zoning designation in 1994 via Ordinance 3033 and
Resolution 2122.
13.2.The changed conditions,which are alleged to warrant other or additional zoning:
13.2.1.Passage of Ordinance 4668 (May 2023)modi?/ing the Citys zoning code and providingforaAlixed—Use zoning district is the primary changed condition warranting the rezone.The
proposed rezone would allow the site to be developed as intended per the Comprehensive
Plan land use map.
13.3.Facts to justify the change on the basis of advancing the public health,safety and
general welfare:
13.3.1.The Alixed Residential and Commercial designation allows for R—I,R-2,R—3,R-4,C—1,0
and Waterfront(read [Mixed-Use)zoning;which would allow for residential development,
which has high market demand as a housing shortage exists.
13.3.2.The rezone application and proposal are consistent with the Council-approved
amendments to the Pasco Comprehensive Plan,which has been determined to be in the best
interest ofadvancing public health,safety and general welfareofthe community.
13.4.The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
13.4.1.Surrounding properties are developed with single family,commercial and industrial uses.
Two ofthe parcels are currently developed with commercial/government o?ices which is in
conformancewith the Alixed-Use zoning district and in character with the surrounding
properties.
13.4.2.The proposed rezone would allow for a combination of mixed-use residential and
commercial in the same development:Single—familydwellings,patio homes,townhouses,
apartments and condominiums at a density of 5 to 29 dwelling units per acre;and
neighborhood shopping and specialty centers,business parks,service and o?iceuses.
13.5.The effect on the property owner or owners if the request is not granted:
13.5.1.If this rezone request is not granted,the applicant would not purchase the property fromthePortofPascoorpotentiallyre-a’evelopthe property.
13.6.The Comprehensive Plan land use designation for the property:
13.6.1.The City of Pasco Comprehensive Plan designates this site as “Mixed Residential and
Commercial”.The Mxed Residential and Commercial designation accommodates a diverse
range ofhousing,nonresidential uses,commercial uses,neighborhood retail and o?ice uses,
parks and recreation areas,and civic uses at a density of5 to 29 dwelling units per acre,and
may be assigned R-I,R-2,R-3,R-4,C-1,0 and Waterfrontzoning.
13.6.2.Per PMC 25.215.015 maximum gross density of any proposed development within any
zoning district,expressed as dwelling units per acre,shall be no less than the corresponding
Z 2024—004
Osprey Pointe Rezone
Page 3 of 6
Page 134 of 220
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
minimum density expressed in the ComprehensivePlan land use density table,and no greater
than the corresponding maximum density expressed in the Comprehensive Plan land use
density table,except as provided in Chapter 25.161 PMC.
13.7.Such other information as the Hearing Examiner requires:
13.7.1.The rezone application is consistent with and meets the intent ofthe Comprehensive Plan,
and City Council Goals.
Public notice of this application and hearing was sent to property owners within 300 feet of the propertyandpostedontheCity’s website on July 2,2024,and published in the Tri-City Herald on July 7,2024.
Each property was posted with the Notice of Application and Notice of Public Hearing on July 3,2024.
A rezone from L3 (Heavy Industrial)to (MU Mixed Use)has been requested for 904 E Ainsworth
Avenue (Parcel #112-420-025),1110 Osprey Pointe Boulevard (Parcel #112-420-026),and 1740 EDockStreet(Parcel #112-420—027).
The sites comprise approximately 54.09 acres combined.
The site was assigned the I-3 zoning designation in 1994 via Ordinance 3033 and Resolution 2122.
Per PMC,the heavy industrial district is established to provide areas in the City where heavy industrial,
manufacturing,processing,assembly,fabricating and ancillary activities can occur while being
protected from encroachment of commercial and residential uses.This district is intended to permit
high-intensity land uses that would be termed obnoxious due to noise,glare and other emissions
resulting from the manufacturing process.The L3 zoning district is intended to apply only to those Port
of Pasco-owned lands to which the I-3 zone was applied upon the formation of L3 zoning district.
Per PMC,the purpose of the Mixed-Use (MU)zoning district is to allow for a compatible and integrated
mix of commercial (and of?ce,education and government uses)with residential uses.The Mixed Use
zoning district is intended to provide a high level of diversity in housing types including townhouses
and ?ats in mid-rise buildings ranging from two to six stories to move toward the City’s land use and
housing goals and policies relating to density and a broad range of housing types,as required under the
Growth Management Act,Chapter 36.70A RCW In addition,ground ?oor neighborhood-scale
commercial and/or of?ce uses are encouraged to create a cohesive bike and pedestrian-oriented
community.
The City’s 2018-2038 Comprehensive Plan Land Use Map designates the site as “Mixed Residential
and Commercial”.Mixed Residential/Commercial allows a combination of mixed—use residential and
commercial in the same development:single-family dwellings,patio homes,townhouses,apartments
and condominiums at a density of 5 to 29 dwelling units per acre,and neighborhood shopping and
specialty centers,business parks,service and of?ce uses.
The underlying Comprehensive Plan Land Use designation speci?es 5 to 29 dwelling units per acre.
At the time of 2018—2038Comprehensive Plan adoption in 2021,the City did not have a zoning district
to facilitate the intent of that Mixed-Use Residential Commercial land use designation.In May 2023
City Council approved Ordinance 4668,amending PMC Section 25 20.010 “Establishment of Zoning
Districts"and Chapter 25.127 "WD Waterfront Development,"replacing the "WD Waterfront
Development"with "MU Mixed-Use,"allowing for Mixed-Use developments citywide,consistent with
the Comprehensive Plan.
Upon Subsequent development of the property,the Applicant will be required to submit State
Environmental Policy Act (SEPA)Environmental Checklist that considers the elements of the
environment,under WAC 197-11-444,which include a great number of items but can brie?y be
Z 2024-004
Osprey Pointe Rezone
Page 4 of 6
Page 135 of 220
24.
25.
26.
27.
28.
described as the natural and built environment.Any proposals that would cause a signi?cant impact to
the environment would be mitigated through the SEPA process.
All three parcels requesting rezone are developed.
An open record public hearing after due legal notice was held on July 24,2024.
At this hearing the Staff Report and entire Planning Staff File was admitted into the record.
Appearing and testifying on behalf of the Applicant was James Sexton.Mr.Sexton testi?ed that he was
an agent for the property owner and applicant and was authorized to appear on behalf of the applicant
at this hearing.Mr.Sexton testi?ed that he agreed with all the representations set for within the staff
report.
No member of the public testi?ed at this hearing.
II.RECOMNIENDED CONCLUSIONS OF LAW
The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1.The Land Use Element of the Comprehensive Plan designates the site “Mixed Residential
Commercial.”A change in zoning would be consistent with the comprehensive plan Land Use
Map designation for the site as L3 is not a zoning district that is in conformance with the
underlying future land use designation.The rezone could ?lrther the goals and policies of the
Comprehensive Plan such as:
l.1.l.Housing Policy H—l-A:Allow for a full range of housing including single family homes,
townhouses,condominiums,apartments,and manufactured housing,accessory dwelling
units,zero lot line,planned unit developments etc.The current zoning prohibits single and
multi-family dwellings.A rezone to MU would allow for a variety of housing types.
l.l.2.Housing Policy H—l-B:Higher intensity housing should be located near arterials and
neighborhood or community shopping facilities and employment areas.The proposed rezone
could make it easier to develop the land to the required density of the Comprehensive Plan
and the property is adjacent to the Port of Pasco,a major employer,and less than a mile from
Route 397 a major transportation route that provides access across the Columbia River to
Kennewick.
The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1.This application for rezone is consistent with the Comprehensive Plan Land Use Element and
meets the intent of the Goals and Policies for the property.A development action affecting the site
would be subject to the State Environmental Policy Act (SEPA)and impacts to the natural and
built environment,including neighboring properties,would be considered and mitigated through
the SEPA process.
There is merit and value in the proposal for the community as a whole.
3.1.The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and
the Goals and Policies as adopted by the Pasco City Council.The proposal includes in?ll
development and promotes the goals of the Mixed Residential and Commercial Land Use Map
Designation.This rezone would allow for residential development on the site,which is currently
prohibited.The City of Pasco and the state of Washington are currently experiencing a housing
shortage.
Conditions should be imposed in order to mitigate any signi?cant adverse impacts from the proposal.
Z 2024-004
Osprey Pointe Rezone
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4.1.The rezone application and anticipated project are subject to the regulations and requirements ofthePascoMunicipalCodeandtheCityofPascoDesignandConstructionStandards.As such,noconditionsshouldbeimposed;any future developmentwill be evaluated for signi?cant adverseimpactsatthetimeofadevelopmentapplication,which will also be subject to review under theStateEnvironmentalPolicyAct(SEPA).
5.A Concomitant Agreement should be entered into between the City and the petitioner,and if so,the
terms and conditionsof such an agreement.
5.1.No Concomitant Agreement is considered necessary for this application.
III.RECOMNIENDED DECISION
Based on the above Findings of Fact and Conclusions of Law,the Hearing Examiner hereby recommends
APPROVAL for Rezone Z 2024-004.
Dated this A day of August,2024
CITY OF PASCO HEARING EXAMINER
?v//?/’7
Andrew L.Kottkamp
Z 2024-004
Osprey Pointe Rezone
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Item:Rezone -Osprey Pointe 1-3 to MU
"Exhibit B"Applicant:JMS Development LLC
File #:Z 2024-004 SEPA 2024-035
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Z2024-004 (I-3 to MU)
Requirements for Zoning Petition (PMC 25.210.030)
•The date the existing zone became effective;
•The changed conditions which are alleged to warrant other or additional zoning;
•Facts to justify the change on the basis of advancing the public health, safety and general welfare;
•The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan;
•The effect on the property owner or owners if the request is not granted;
•The Comprehensive Plan land use designation for the property; and
•Such other information as the Hearing Examiner requires.
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Z2024-004 (I-3 to MU)
Process (Chapter 25.210 PMC)
Rezone
Petition and
Application
PMC
25.210.020(1)
Public
Notice
PMC
25.210.040
Public
Hearing
w/Hearing
Examiner
PMC
25.210.020(1)(c)
Hearing Examiner
Findings +
Recommendation
PMC 25.210.060
City Council
Regular
Business
Meeting
PMC
25.210.080
Pa
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Z2024-004 (I-3 to MU)
Public Hearing:
• July 24, 2024
Hearing Examiner Determination:
• Recommendation of Approval
Site Information:
• Parcel No.s: 112-420-025, 112-420-026, and
112-420-027
• Size: 54.1 Acres
• Land Use: Mixed Residential Commercial
• Current Zoning: I-3 (Heavy Industrial)
• Proposed Zoning: MU (Mixed Use)
Rezone Criteria:
• PMC 25.210.030
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REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY, 24 July 2024
6:00 PM
1
MASTER FILE #: Z 2024-004
APPLICANT: JMS Development LLC
904 E Ainsworth Avenue
Pasco, WA 99301
REQUEST: REZONE: 904 E Ainsworth Avenue (Parcel # 112-420-025), 1110 Osprey Pointe
Boulevard (Parcel # 112-420-026), and 1740 E Dock Street (Parcel # 112-420-027)
rezone from I-3 (Heavy Industrial) to (MU Mixed Use).
Timeline:
31 May 2024 Application Submitted
6 June 2024 Determination of Incompleteness
20 June 2024 Application Deemed Complete
7 July 2024 SEPA Threshold Determination of Non-Significance Issued
7 July 2024 Application Noticed for Public Hearing
17 July 2024 Public Hearing Staff Report Published
BACKGROUND
1. PROPERTY DESCRIPTION:
Abbreviated Legal: BINDING SITE PLAN 2015-05 PARCEL C
General Location: 904 E Ainsworth Avenue
Approximate Property Size: 19.74 acres
Abbreviated Legal: BINDING SITE PLAN 2015-05 PARCEL D
General Location: 1110 Osprey Pointe Boulevard
Approximate Property Size: 18.53 acres
Abbreviated Legal: BINDING SITE PLAN 2015-05 PARCEL E
General Location: 1740 E Dock Street
Approximate Property Size: 15.83 acres
Page 142 of 220
2
2. ACCESS: 904 E Ainsworth Avenue (Parcel # 112-420-025) has access to E Ainsworth Avenue, 1110
Osprey Pointe Boulevard (Parcel # 112-420-026) has access to Osprey Pointe Boulevard and E
Ainsworth Avenue, and 1740 E Dock Street (Parcel # 112-420-027) has access to E Dock Street, E
Ainsworth Avenue, and SE Road 18.
3. UTILITIES: Municipal water and sewer are available on Osprey Pointe Boulevard and E Ainsworth
Avenue.
4. LAND USE AND ZONING: The properties are zoned I-3 Heavy Industrial. 904 E Ainsworth Avenue
(Parcel # 112-420-025) contains an approximately 4,000 square foot office building, 1110 Osprey
Pointe Boulevard (Parcel # 112-420-026) is developed with an office building, and 1740 E Dock
Street is classified as undeveloped by the Franklin County Tax assessor but contains an
approximately 4,300 square foot utility/commercial building that appears to be disused.
Surrounding properties are zoned, and developed as follows:
North: I-1 Light Industrial/ I-3 Heavy Industrial, Wastewater treatment plant, commercial
and government offices, and industrial buildings
East: I-3 Heavy Industrial, Industrial outdoor storage and stockpiling
South: I-3, Walking trail along Columbia River
West: I-1 Light Industrial/R-2 Medium Density Residential, Commercial Buildings and
Single Family Dwellings
5. Comprehensive Plan: The City of Pasco Comprehensive Plan designates this site as “Mixed
Residential and Commercial.” The Mixed Residential and Commercial designation accommodates
a diverse range of housing, nonresidential uses, commercial uses, neighborhood retail and office
uses, parks and recreation areas, and civic uses at a density of 5 to 29 dwelling units per acre, and
may be assigned R-1, R-2, R-3, R-4, C-1, O and Waterfront zoning district designations. Per Pasco
Municipal Code (PMC) 25.215.015, maximum gross density of any proposed development within
any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding
minimum density expressed in the Comprehensive Plan land use density table, and no greater
than the corresponding maximum density expressed in the Comprehensive Plan land use density
table, except as provided in Chapter 25.161 PMC.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the State Environmental Policy Act
(“SEPA”) lead agency for this project (SEPA2024-035). Based on the SEPA environmental checklist,
Comprehensive Plan, applicable regulations, and other information, a threshold determination
resulting in a Determination of Non‐Significance (DNS) for this project was issued on July 7, 2024
under WAC 197‐11‐158.
ANALYSIS
Request
Applicant JMS Development LLC wishes to rezone 904 E Ainsworth Avenue (Parcel # 112-420-025), 1110
Osprey Pointe Boulevard (Parcel # 112-420-026), and 1740 E Dock Street (Parcel # 112-420-027) in
Pasco, WA 99301 from I-3 (Heavy Industrial) to MU (Mixed Use). The combined acreage of the site
comprises approximately 54.09. The underlying Comprehensive Plan Future Land Use is “Mixed
Residential and Commercial.”
The proposed rezone does not include a project action. It is anticipated that should the rezone be
approved a subsequent subdivision project may be submitted for review. This review would include
Page 143 of 220
3
requirements for the impacts it has on the level of service for parks, transportation, etc. Any subsequent
subdivision proposals would additionally be required to adhere to Pasco Municipal Code, including
provisions such as connectivity and residential design standards.
History
The site was annexed into the City in 1994 and assigned zoning via Ordinance 3033. Ordinance 3033
adopted the zoning designations of Resolution 2122, designating the site’s zone as I-3.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.210.030. The
criteria are listed below as follows:
1. The date the existing zone became effective:
The site was assigned the I-3 zoning designation in 1994 via Ordinance 3033 and Resolution 2122.
2. The changed conditions, which are alleged to warrant other or additional zoning:
Passage of Ordinance 4668 (May 2023) modifying the City’s zoning code and providing for a Mixed-Use
zoning district is the primary changed condition warranting the rezone. The proposed rezone would allow
the site to be developed as intended per the Comprehensive Plan land use map.
3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
The Mixed Residential and Commercial designation allows for R-1, R-2, R-3, R-4, C-1, O and Waterfront
(read Mixed-Use) zoning; which would allow for residential development, which has high market demand
as a housing shortage exists.
The rezone application and proposal are consistent with the Council-approved amendments to the Pasco
Comprehensive Plan, which has been determined to be in the best interest of advancing public health,
safety and general welfare of the community.
4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
Surrounding properties are developed with single family, commercial and industrial uses. Two of the
parcels are currently developed with commercial/government offices which is in conformance with the
Mixed-Use zoning district and in character with the surrounding properties.
The proposed rezone would allow for a combination of mixed-use residential and commercial in the same
development: Single-family dwellings, patio homes, townhouses, apartments and condominiums at a
density of 5 to 29 dwelling units per acre; and neighborhood shopping and specialty centers, business
parks, service and office uses.
5. The effect on the property owner or owners if the request is not granted:
If this rezone request is not granted, the applicant would not purchase the property from the Port of Pasco
or potentially re-develop the property.
6. The Comprehensive Plan land use designation for the property:
The City of Pasco Comprehensive Plan designates this site as “Mixed Residential and Commercial”. The
Mixed Residential and Commercial designation accommodates a diverse range of housing, nonresidential
Page 144 of 220
4
uses, commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic uses at
a density of 5 to 29 dwelling units per acre, and may be assigned R-1, R-2, R-3, R-4, C-1, O and Waterfront
zoning.
Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district,
expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed
in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density
expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC.
7. Such other information as the Hearing Examiner requires:
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council
Goals.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this application and hearing was sent to property owners within 300 feet of the
property and posted on the City’s website on July 2, 2024, and published in the Tri-City Herald on
July 7, 2024. Each property was posted with the Notice of Application and Notice of Public Hearing
on July 3, 2024.
2. A rezone from I-3 (Heavy Industrial) to (MU Mixed Use) has been requested for 904 E Ainsworth
Avenue (Parcel # 112-420-025), 1110 Osprey Pointe Boulevard (Parcel # 112-420-026), and 1740
E Dock Street (Parcel # 112-420-027).
3. The sites comprise approximately 54.09 acres combined.
4. The site was assigned the I-3 zoning designation in 1994 via Ordinance 3033 and Resolution 2122.
5. Per PMC, the heavy industrial district is established to provide areas in the City where heavy
industrial, manufacturing, processing, assembly, fabricating and ancillary activities can occur
while being protected from encroachment of commercial and residential uses. This district is
intended to permit high-intensity land uses that would be termed obnoxious due to noise, glare
and other emissions resulting from the manufacturing process. The I-3 zoning district is intended
to apply only to those Port of Pasco-owned lands to which the I-3 zone was applied upon the
formation of I-3 zoning district.
6. Per PMC, the purpose of the Mixed-Use (MU) zoning district is to allow for a compatible and
integrated mix of commercial (and office, education and government uses) with residential uses.
The Mixed Use zoning district is intended to provide a high level of diversity in housing types
including townhouses and flats in mid-rise buildings ranging from two to six stories to move
toward the City’s land use and housing goals and policies relating to density and a broad range of
housing types, as required under the Growth Management Act, Chapter 36.70A RCW. In addition,
ground floor neighborhood-scale commercial and/or office uses are encouraged to create a
cohesive bike and pedestrian-oriented community.
7. The City’s 2018-2038 Comprehensive Plan Land Use Map designates the site as “Mixed Residential
and Commercial”. Mixed Residential/Commercial allows a combination of mixed-use residential
and commercial in the same development: single-family dwellings, patio homes, townhouses,
apartments and condominiums at a density of 5 to 29 dwelling units per acre, and neighborhood
shopping and specialty centers, business parks, service and office uses.
8. The underlying Comprehensive Plan Land Use designation specifies 5 to 29 dwelling units per acre.
Page 145 of 220
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9. At the time of 2018-2038 Comprehensive Plan adoption in 2021, the City did not have a zoning
district to facilitate the intent of that Mixed-Use Residential Commercial land use designation. In
May 2023 City Council approved Ordinance 4668, amending PMC Section 25.20.010
“Establishment of Zoning Districts" and Chapter 25.127 "WD Waterfront Development,"
replacing the " WD Waterfront Development" with "MU Mixed-Use," allowing for Mixed-Use
developments citywide, consistent with the Comprehensive Plan.
10. Subsequent developments will be required to submit State Environmental Policy Act (SEPA)
Environmental Checklist that consider the elements of the environment, under WAC 197-11-444,
which include a great number of items but can briefly be described as the natural and built
environment. Any proposals that would cause a significant impact to the environment would be
mitigated through the SEPA process.
11. All three parcels requesting rezone are developed.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The Land Use Element of the Comprehensive Plan designates the site “Mixed Residential Commercial.” A
change in zoning would be consistent with the comprehensive plan Land Use Map designation for the site
as I-3 is not a zoning district that is in conformance with the underlying future land use designation. The
rezone could further the goals and policies of the Comprehensive Plan such as:
• Housing Policy H-1-A: Allow for a full range of housing including single family homes,
townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units,
zero lot line, planned unit developments etc. The current zoning prohibits single and multi-family
dwellings. A rezone to MU would allow for a variety of housing types.
• Housing Policy H-1-B: Higher intensity housing should be located near arterials and
neighborhood or community shopping facilities and employment areas. The proposed rezone
could make it easier to develop the land to the required density of the Comprehensive Plan and
the property is adjacent to the Port of Pasco, a major employer, and less than a mile from Route
397 a major transportation route that provides access across the Columbia River to Kennewick.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
This application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the
intent of the Goals and Policies for the property. A development action affecting the site would be
subject to the State Environmental Policy Act (SEPA) and impacts to the natural and built environment,
including neighboring properties, would be considered and mitigated through the SEPA process.
3. There is merit and value in the proposal for the community as a whole.
The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals
and Policies as adopted by the Pasco City Council. The proposal includes infill development and promotes
the goals of the Mixed Residential and Commercial Land Use Map Designation. This rezone would allow
for residential development on the site, which is currently prohibited. The City of Pasco and the state of
Washington are currently experiencing a housing shortage.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
Page 146 of 220
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proposal.
The rezone application and anticipated project are subject to the regulations and requirements of the
Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions
should be imposed; any future development will be evaluated for significant adverse impacts at the time
of a development application, which will also be subject to review under the State Environmental Policy
Act (SEPA).
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if
so, the terms and conditions of such an agreement.
No Concomitant Agreement is considered necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that 904 E Ainsworth Avenue
(Parcel # 112-420-025), 1110 Osprey Pointe Boulevard (Parcel # 112-420-026), and 1740 E Dock Street
(Parcel # 112-420-027) in Pasco, WA 99301 be rezoned from I-3 (Heavy Industrial) to MU (Mixed Use).
Page 147 of 220
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Page 163 of 220
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
DETERMINATION OF COMPLETENESS
MASTER FILE #: Z 2024-004
APPLICANT: JMS Development LLC
904 E Ainsworth Ave
Pasco, WA 99301
PROPOSAL: Osprey Point Rezone
It has been determined that your application for a rezone is complete for processing by the City of Pasco. These
materials will be dispersed to City departments and affected agencies for review and comment.
Questions can be addressed to the Pasco Community & Economic Development Department at (509) 545-4140 or
to ballardj@pasco-wa.gov referencing the file # above.
Date Issued: 6/20/2024____________
Jennifer B. Ballard, CFM, AICP
Senior Planner
Community and Economic Development
509.544.4140
ballardj@pasco-wa.gov
Page 164 of 220
Page 165 of 220
Page 166 of 220
Page 167 of 220
Page 168 of 220
AGENDA REPORT
FOR: City Council September 11, 2024
TO: Adam Lincoln City Council Regular
Meeting: 9/16/24
FROM: Maria Serra, Public Works Director
Public Works
SUBJECT: *Resolution No. 4497 - Acceptance of Work for Fire Station No. 85 (5
minutes)
I. REFERENCE(S):
Resolution
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: work the accepting 4497, No. move approve to I Resolution
performed by G2 Commercial Construction, Inc., of Kennewick, Washington,
under contract for the City of Pasco's Fire Station No. 85 project.
III. FISCAL IMPACT:
Total Construction Contract payments disbursed: $6,874,042.58
IV. HISTORY AND FACTS BRIEF:
The Fire Station No. 85 Bid No. 21199-B project was awarded by Council
action to G2 Commercial Construction, Inc., of Kennewick, Washington on
November 21, 2022, in the amount of $7,519,322.50 via Resolution No. 4274.
This amount incorrectly included Washington State Sales Tax at an 8.7% tax
rate. The mistake was rectified, and the construction contract was executed in
the amount of $6,917,500.00. The project is now complete and was
constructed per project plans and specifications. Final construction costs paid
were $6,874,042.58.
Approved Change Orders for the project totaled: -$43,457.42 (Deduct) and
included:
Change Order 1: $8,503.89 - Added partial height column to
accommodate door opening in Kitchen. Column base plate revisions to
Page 169 of 220
accommodate adjacent conditions. Revised irrigation booster pump to
coordinate with electrical drawings. Sidewalk dimension revised on civil
drawings to match architectural drawings. Reader board and foundation
cost exceeded lump-sum allowance that was included in the contract.
Change Order 2: -$36,527.63 (Deduct) - IT Rack cabinet type was
revised to better suit building requirements. Removed fiber from Interior
Slabs to avoid visibility issues. EV Chargers were removed from scope
of project, will be purchased and installed separately. Concrete floor
polish mock-up was removed from project scope, FS 83 &84 example
was used instead. DCDA vault moved to avoid location of gas line
installed during the utility project.
Change Order 3: $9,803.98 - Suspended ceiling system in kitchen in lieu
of 2x10 framing. Restocking fee for previously purchased EV chargers.
Brick ledger required but not indicated on drawings for south elevation of
brick. Added electrical requirements from box walk (data wire mold).
Change Order 4: -$25,237.66 (Deduct) - Revised pedestal to
accommodate emergency phone box size. Schedule extension for
substantial completion due to material supply delays. Enlarged
generator pad to accommodate larger generator. Unused allowance
credit for signage, concrete slab moisture mitigation. Credit for not
adding wall texture to apparatus bay walls. Custom height fire hydrants
were needed but then a different solution was found so a restocking fee
was incurred. Mechanical room thresholds were added. Cover rings at
exterior light poles were added to cover the gap between the post and
base. Credit for not painting the electrical room ceiling. Wire trays were
replaced with J hooks for electrical wires.
Formal acceptance of public works projects is required by State law and starts
the 45-day period within which an outside vendor, supplier or laborer would
have an opportunity to file a claim against this project pursuant to RCW
60.28.011 (2). Upon completion of the 45-day lien filing period, retainage being
held by the City may be released upon receipts of the following:
1. An affidavit of no liens.
2. A release from the Department of Revenue that all taxes have been
paid.
3. A release from any claims from the Department of Labor and Industries,
pursuant to RCW 60.28.051.
V. DISCUSSION:
Staff recommends City Council's acceptance of the project as constructed by
the above listed contractor.
Page 170 of 220
Resolution – Fire Station No. 85 Project Acceptance- 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY G2 COMMERCIAL
CONSTRUCTION, INC., OF KENNEWICK, WASHINGTON, UNDER
CONTRACT FOR THE FIRE STATION NO. 85 PROJECT (BID NO. 21199-B).
WHEREAS, the Pasco Fire Station No. 85 Project, Bid No. 21199-B, was awarded by a
City Council action to G2 Commercial Construction, Inc., of Kennewick, Washington on
November 21, 2022, in the amount of $7,519,322.50 via Resolution No. 4274. This amount
incorrectly included Washington State Sales Tax at an 8.7% tax rate. The mistake was rectified,
and the construction contract was executed in the amount of $6,917,500.00. The project is now
complete and was constructed per project plans and specifications. Final construction costs paid
were $6,874,042.58; and
WHEREAS, the work performed by G2 Commercial Construction, Inc., of Kennewick,
Washington, under contract for the Fire Station No. 85 Project, Bid No. 21199-B, has been
examined by City of Pasco (City) staff and been found to be in apparent compliance with the
applicable project specifications and drawings; and
WHEREAS, it is the City staff’s recommendation that the City of Pasco formally accept
the contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with City staff’s recommendation and thereby accepts the
work performed by G2 Commercial Construction, Inc., of Kennewick, Washington, under contract
for the Fire Station No. 85 Project, Bid No. 21199-B, as being completed in apparent compliance
with the project specifications and drawings.
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance.
Be It Further Resolved, that the final payment of retainage being withheld, pursuant to
RCW 60.28.011, regulations and administrative process, shall be released upon apparent
compliance with and satisfaction of applicable project specifications and verification thereof by
the Fire Department staff and Finance Director.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 171 of 220
Resolution – Fire Station No. 85 Project Acceptance- 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 172 of 220
Pasco City Council Meeting
September 16, 2024
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Fire Station 85 – Council Acceptance
•Project Start Date: November 2023
•Operational Date: February 2024
•Architect: TCA Architecture
•Contractor: G2 Construction
•Project Manager: Strategic Construction Management
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Fire Station 85 - Floorplan
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Fire Station 85 – Early Progress
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Fire Station 85 – In Progress
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Fire Station 85 – Complete
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Fire Station 85 - Costs
Construction Costs
$6,917,500.00Bid Award
-$43,457.42 (-0.63%)Change Orders
$6,874,042.58Final Construction Cost
AmountDescriptionChange Order
$8,503.89Irrigation booster pump, sidewalks, and other items revised.1
-$36,527.63Interior concrete and IT Rack cabinet revised and credited.2
$9,803.98Incorporated a suspending ceiling system in the kitchen area.3
$-25,237.66Drywall and painting options revised and credited.4
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Fire Station 85 – Council Acceptance
Questions?
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Pasco City Council Meeting
September 16, 2024
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AGENDA REPORT
FOR: City Council August 13, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/16/24
FROM: Eric Ferguson, City Attorney
City Manager
SUBJECT: Resolution No. 4498 - Adopting City Council Rules of Conduct (5
minutes)
I. REFERENCE(S):
Resolution
City Council Rules of Procedure
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4498, adopting the City Council
Rules of Procedure.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Staff and City Council discussed a draft City Council Rules of Conduct
document at their mini retreat held on June 24, 2024 and again at the July 22,
2024 Council Workshop.
V. DISCUSSION:
Since the last discussion, staff has completed its legal review of the document
and is presenting the attached City Council Rules of Conduct document for
approval.
Page 182 of 220
Resolution – Council Rules of Procedure- 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ADOPTING THE COUNCIL RULES OF PROCEDURE.
WHEREAS, the City Council of the City of Pasco has expressed a need for more formal
procedures in conducting meetings, holding public hearings, as well as many other topics
specifically related to the Council; and
WHEREAS, this item was discussed initially at the Council mini-retreat on June 24, 2024
where suggested edits from various councilmembers were made; and
WHEREAS, the City Council discussed those incorporated proposed edits on July 22,
2024 and requested further additions to the working draft of the council rules; and
WHEREAS, based on those discussions, staff has incorporated additional changes into the
working draft of the council rules; and
WHEREAS, the Council must formally adopt the Council Rules of Procedure by
resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the Council Rules of Procedure, a copy of which is attached hereto, and
incorporated herein by this reference as Exhibit A, are hereby approved by the City Council.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law on this _____ day of September 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 183 of 220
CITY COUNCIL RULES OF PROCEDURE
Page 184 of 220
i
TABLE OF CONTENTS
PAGE
INTRODUCTION ............................................................................................................. 1
A. ORGANIZATION
1. Election of Mayor and Mayor Pro Tem ........................................................................ 3
2. The Mayor is the Presiding OfficerChair of the Council Meetings ............................... 3
3. In the absence of the Mayor, the Mayor Pro Tem shall be the Presiding OfficerChair
may call member to chair ................................................................................................ 3
4. Duties of the Mayor ..................................................................................................... 3
5. Duties of Mayor Pro Tem ............................................................................................ 4
6. Temporary Presiding OfficerChair ............................................................................... 4
7. General duties of Councilmembers ............................................................................. 4
B. RIGHTS AND DUTIES OF MEMBERS
1. Duty to Vote – Abstention ............................................................................................ 4
2. Attendance by speakerphone or video ........................................................................ 5
3. Notification of a Council member's absence from a Council session .......................... 5
4. Council member terms and oath of office .................................................................... 6
5. Council contacts with staff ........................................................................................... 6
6. Council contacts with others ........................................................................................ 6
7. Filling a Council vacancy ............................................................................................. 7
8. Council Committees .................................................................................................... 7
C. MEETINGS
1. Regular meetings - Time of meeting ........................................................................... 8
2. Regular meetings - Place of meetings ......................................................................... 8
3. Meetings - Items considered ....................................................................................... 9
4. Quorum ....................................................................................................................... 9
5. Executive Sessions ..................................................................................................... 9
6. Emergency meetings ................................................................................................. 10
7. Meeting Agendas ...................................................................................................... 11
8. Use of electronic devices during Council meetings ................................................... 12
D. PROCEDURE - ORDER AND DECORUM
1. Councilmember remarks. .......................................................................................... 12
2. Questioning by Councilmembers .............................................................................. 12
3. Obligation to the City ................................................................................................. 12
4. Conduct during debates ............................................................................................ 13
5. Parliamentary procedures and motions ..................................................................... 13
6. Voting ........................................................................................................................ 15
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ii
7. Comments, concerns and testimony directed to the City Council ............................. 16
E. PUBLIC HEARINGS AND APPEALS
1. Quasi-judicial hearings .............................................................................................. 16
2. Other public hearings ................................................................................................ 17
F. SUSPENSION OF RULES ...................................................................................... 17
G. AMENDMENT OF RULES ...................................................................................... 17
H. RECORDING OF RULES ........................................................................................ 18
I. ENFORCEMENT OF RULES OF PROCEDURE .................................................... 18
Page 186 of 220
1
Introduction
State law1 and Pasco Municipal Code gives the City Council the City of Pasco the power
and authority to organize and regulate its internal affairs. The Council has adopted these
Rules of Procedure to clarify the duties and responsibilities of Council members, indicate
how meetings of the Council will be conducted and identify how Council members may
participate in meetings. These Rules also denote the types of meetings the Council may
conduct, and other formalities regarding the efficient and effective conduct of the
Council's business.
These Rules of Procedure are intended to serve as a summary guide to the conduct of
Council business. Many of the provisions within these Rules of Procedure reference
provisions of the Pasco Municipal Code, state statute, or other applicable law related to
the conduct of Council business. Some of the provisions within these Rules of Procedure
are based on elements of Roberts Rules of Order Newly Revised, and some provisions
reflect the preference of the City Council concerning how its business is to be conducted.
The purpose of Rules such as these is to assist in guiding actions of members of the City
Council and to foster development of working relationships beneficial to the City
Councilmembers and the City.
The behavior and actions of individual Council members can affect, both positively and
negatively, the perception of the entire Council and public confidence in the Council and
the City. Therefore, each Council member has a vested interest in promoting the ethical
and professional conduct of theirhis/her fellow Council members.
In order to foster an environment of ethical and professional conduct by all Council -
members, the Council has adopted the following process to be implemented in the event
a Council member(s) is alleged to have violated the Council Rules of Procedure, the
Council Code of Ethics, the Council Principles of Conduct, adopted Administrative
Policies or other applicable laws and/or regulations.
In accordance with the Pasco Municipal Code and state statute, the Council serves as
the legislative branch of the City of Pasco. The City Council consists of seven elected
officials, each elected to four-year terms. Individual Council members do not have
governing power as individuals., but rather, Councilmembers have governing power only
when meeting as a Council when a quorum (four or more Councilmembers) is present.
The Council is the law-making, policy-making, and budget and spending approval
authority of the City government.
In accordance with the Pasco Municipal Code and state statute, the City Manager is the
chief executive officer of the City and the head of the executive branch of the City
government. The duties and responsibilities of the City Manager are defined in state law
and the Pasco Municipal Code. The City Manager is directly accountable to the City
Council for the execution of the City Council’s policy directives and for the administration
1 RCW 35A.11.020, Art. XI, Sec. 11, Wash. Const.
Page 187 of 220
2
and management of all City departments. Balanced with the City Manager’s
accountability to the City Council for policy implementation is the legal requirement under
the Pasco Municipal Code and state statute for the Council to allow the City Manager to
perform her/his legally-defined duties and responsibilities without interference by the City
Council in the day-to-day management decisions of the City Manager. All City staff work
under the direction of the City Manager, who is directed by the City Council. The Council
and its members dealCouncilmembers interact with City staff through the City Manager.
These Rules of Procedure will evolve as conditions dictate. They are intended to be
flexible and adaptable to specific circumstances. In accordance with best practices, these
Rules of Procedure should be reviewed and evaluated on a regular basis and amended
as necessary.
Page 188 of 220
3
RULES OF PROCEDURE
OF
THE PASCO CITY COUNCIL
A. ORGANIZATION.
1. Election of Mayor and Mayor Pro Tem.
The City Council of the City of Pasco, immediately after its election and
qualification, shall elect from among the members a Mayor and Mayor Pro Tem.2
2. The Mayor is the Presiding OfficerChair of Council Meetings.
The Mayor shall preside as the Presiding Officer Chair of all meetings of the
Council and shall have responsibility for the general direction of the meetings as
listed in the Pasco Municipal Code.3
3. In the absence of the Mayor, the Mayor Pro Tem shall be the Presiding Officer The
Chair may call upon other members to serve as Chair.
When both the Mayor and Mayor Pro Tem are absent, the City Clerk will call the
meeting to order and the Council shallmay select a temporary Presiding Officer to
chair the meeting and such member shall be vested with all the powers of the
Presiding Officer while so presiding and such substitution shall not extend beyond
adjournment.
The Mayor or any other member of the Council who may be acting as Chair at a meeting
of the Council may call upon any other member of the Council to temporarily serve as
Chair to preside over a Council meeting, and such member shall be vested with all the
powers of the Chair while so presiding. Such a substitution shall not extend beyond an
adjournment.
4. Duties of the Mayor.
It shall be the general duty of the Mayor as Presiding Officer Chair of the Council:
(a) To preside over Council meetings on the day and at the hour for which the
meeting of the Council has been called, and to preserve order and decorum
at all meetings of the Council, including causing the removal of any person
in the audience from any meeting who disrupts the meeting after having
been warned to cease the disruptive behavior.4
2 RCW 35A.13.030 – 035.
3 PMC 2.05.015.
4 If deemed appropriate to maintain order at the meetings, the Mayor shall have the right to call upon the
Chief of Police and any and all other officers of the Police Department for assistance.
Page 189 of 220
4
(b) To announce the business before the Council in the order in which it is to be
acted upon.
(c) To receive and submit in the proper manner all motions and propositions
presented by the members of the Council.
(d) To put to vote all questions which are properly moved, or which necessarily
arise in the course of proceedings, and to announce the result thereof.
(e) To inform the Council when necessary, or when referred to for that purpose,
on any point of order or practice. In the course of the discharge of this duty,
the Mayor shall have the right to call upon the City Attorney or any member
of the Legal Department for advice.
(f) To authenticate by the Mayor’s signature when necessary, or when directed
by the Council, all the ordinances and resolutions, and all the acts, orders
and proceedings of the Council, and entries in the official record of the
Council when the same have been appropriately approved.
(g) To maintain order at the meetings of the Council, for which purpose the
Mayor shall have the right to call upon the Chief of Police and any and all
other officers of the Police Department for assistance.
5. Duties of the Mayor Pro Tem.
The Mayor Pro Tem, during the absence of the Mayor, shall have the authority and
right to perform all the duties and functions of the Mayor.
6. Temporary Presiding OfficerChair.
In the event of the absence of or disability of both the Mayor and the Mayor Pro
Tem, the Council shall elect a member as temporary Chair to serve until the Mayor
or Assistant Mayor so absent or disabled shall return or the disability shall be
removed, as the case may be. In such event, the temporary Chair shall have all
the powers and perform the functions and duties herein assigned to the Mayor and
Chair of the Council.
7. General duties of Councilmembers.
Councilmembers shall:
(a) Endeavor to be acquainted with these Rules of Procedure and act in
accordance therewith.
(b) Endeavor to be respectful of the other members of the City Council and City
Staff, even when they have differences of opinion or different positions on
matters coming before the City Council.
Page 190 of 220
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(c) Participate in training offered by individuals, agencies, entities and
organizations including but not limited to the Association of Washington
Cities and the State of Washington. This includes initial orientation after
taking office, and other required or recommended training.
B. RIGHTS AND DUTIES OF MEMBERS.
1. Duty to Vote – Abstention.
Every Councilmembermember of the Council present at a meeting where a vote
is taken on any proposal shall vote thereon unless excused (for reasons described
in Subsection D. 6. (c), below). A Councilmember member desiring to be excused
from voting may, when his/her name is called, make a brief statement giving the
reasons for making such a request, and the question of excusing her/him shall
then be decided by vote of the other members of the Council.
2. Remote attendance by CouncilmembersAttendance by speakerphone or video.
Councilmembers may attend and participate council meetings via speakerphone
or video when unable to physically attend the meeting in-person.From time to time,
a Council member may not be able to be physically present at a Council meeting
or a Council committee meeting, but will want to be involved in the discussion for
the entire agenda, and/or a decision for a particular agenda item or items. The
procedure and guidelines for permitting a Council member to attend a Council
meeting or Council committee meeting remotely can be found in this section in
accordance with the Pasco Municipal Codeby speakerphone or video
conferencing is in this section.5
(a) NoticeLimitations on attendance by speakerphone or video .
Councilmembers should provide adequate notice to the Mayor prior to the
meeting intended to attend remotely.Attendance via speakerphone or video
should be the exception, and not used when in-person attendance at
meetings can be accommodated.
(b) Quorum.
A Councilmember who is connected remotely to the telephone line in the
meeting place or by video shall be considered to be actually present at that
meeting for the period of time he or she is so connected, and that presence
shall count toward a quorum of the Council or committee for all purposes,
including voting.
(c) Attendance – Procedure.
5 PMC 2.05.070.
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The Mayor or Presiding Officer shall state for the record that a
councilmember is attending remotely when applicable.The Council Member
attending via speakerphone or video must be able to hear the discussion on
the agenda item taking place in the Council Chambers, and must be able to
be heard by all present in Council Chambers. The Mayor or Member serving
as Chair of this meeting shall endeavor to make sure that the remote
member can see and hear the proceedings. If one or more Councilmembers
are attending remotely the Presiding Officer may allow for a roll call vote for
all motions to be enacted during the meeting.
(d) Responsibilities of Councilmembers attending meetings remotely.
Councilmembers that attend a meeting remotely bear the risk of a technical
malfunction which should not lead to a continuation, adjournment, or
cancellation of a meeting unless it would prevent a quorum. A
Councilmember attending remotely should ensure that the connection is
adequate and should report any problems to designated staff as soon as
possible.
(e) Executive sessions.
Remote attendance may be allowed when the Council is confident of the
security in the remote communications.
3. Notification of a Council member's absence from a Council session.
Members of the Council may be excused from attending a City Council meeting
by contacting the Mayor prior to the meeting and stating the reason for her/his
inability to attend. If the member is unable to contact the Mayor, the member shall
contact the City Manager, who shall convey the message to the Mayor. A motion
to excuse a Council member may be made retroactively at the next meeting.
4. Councilmember terms and oath of office.
In accordance with RCW 29A.60.280, the term of incumbent Council members
ends and the term of the successor begins after the successor is elected and
qualified and the term commences immediately after December 31 following the
election except: 1) Where the term of office varies from the standard according to
RCW 29A.60.280; and, 2) If the election results have not been certified prior to
January 1 after the election, in which event the time of commencement of the new
term occurs when the successor becomes "qualified" (see definition below) in
accordance with RCW 29A.04.133.
Under RCW 29A.04.133, "qualified", as it pertains to a winner of an election,
means that for such election: 1) The results have been certified; 2) Any required
bond has been posted; and, 3) The winner has taken and subscribed an oath in
compliance with the appropriate statute, or if none is specified, that he/she will
faithfully and impartially discharge the duties of the office to the best of her/his
ability. This oath or affirmation shall be administered and certified by any officer or
notary public authorized to administer oaths, without charge therefor.
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In accordance with RCW 29A.60.280, the oath of office must be taken as the last
step of qualification as defined in RCW 29A.04.133 but may be taken either: 1) Up
to ten days prior to the scheduled date of assuming office; or, 2) At the last regular
meeting of the Council held before the winner is to assume office.
5 Council contacts with staff.
(a) The Council, Council members, Council committees, and Council committee
members shall not give any directives, assign any tasks, nor give any orders
to City staff either publicly or privately.6
(b) Neither the Council nor its members shall direct or request the appointment
to nor the removal from office of any of the City Manager's subordinates.
Nothing in the Pasco Municipal Code nor state law shall be construed to
prohibit the Council, while in open public session, from fully and freely
discussing with the City Manager anything pertaining to the appointments
and removal of City officers and employees and City affairs.4
6. Council contacts with others.
(a) Council members who meet with, speak to, or otherwise appear before a
community group or another governmental agency or representative must
clearly state if his/her statement reflects her/his personal opinion as an
individual Council member or if it is the official stance of the Council.
(b) When Council members represent the City or attend meetings in an official
capacity as Council member, they must support and advocate the official
City position on an issue, not a personal viewpoint.
(c) Once the City Council has taken a position on an issue, all official City
correspondence regarding the issue will reflect the Council's adopted
position.
(d) City letterhead shall not be used for correspondence of Council members
representing a dissenting point of view from an official Council position.
(e) As a matter of prudence, any communication by an individual Council-
member that does not express an official and established Council position
may be shared with the full Council.
(f) In accordance with a policy adopted by the City Council, the Council will
consider and process requests for letters of support submitted by non-profit
organizations regarding prospective and/or existing programs, services,
plans, proposals, applications, etc. utilizing the procedure outlined in the
6 RCW 35A.13.120. See also RCW 35.18.110 and 35.18.150.
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8
policy, which includes initial review and recommendation by the Council
Partnerships Committee and eventual consideration and action by the full
Council.
(g) In accordance with a policy adopted by the City Council, the Council may
consider requests to support or oppose ballot measures utilizing the
procedure outlined in the policy, which includes initial review and
recommendation by the Council Partnerships Committee regarding whether
the Council should conduct or not conduct a public hearing on the ballot
measure at issue and eventual consideration and action by the full Council.
Should the Council vote to conduct a public hearing on the request to
support or oppose a ballot measure, following such hearing the Council may
vote to support the ballot measure, vote to oppose the ballot measure, or
take no further action.
(h) Council contacts with the media shall be handled in the following manner:
(a) The Mayor is the designated representative of the Council to present and
speak on the official city position. Councilmember(s) contacted by the media
should clearly communicate that their comments represent their own
personal viewpoint or the official city position if the subject was passed and
approved by a majority Council vote; b) Councilmembers should avoid going
“off the record” when interacting with the media to preserve journalistic
integrity; and c) comments with the media should be deliberate, words
chosen with caution and careful consideration of being taken out of context,
and appropriate language absent antagonistic remarks, sarcasm, and
profanity should be used.
7. Filling a Council vacancy.
If a vacancy occurs in the office of Council member, the Council will follow the
procedures outlined in RCW 42.12.070 and the Municipal Code. In order to fill the
vacancy with the most qualified person available until an election is held, the
Council will widely distribute and publish notice of the vacancy, the procedure by
which the vacancy will be filled, and how to obtain an application form.
8. Council Committees.
The Council may, by majority vote, establish committees consisting of Council-
members to assist the Council in examining policies, proposals, and issues that
may come before it in greater depth and detail. Each established Council
committee shall consist of up to three (3) Council members and an alternate. Each
committee shall choose its own chair.
The work of Council committees is a legislative function of the Council and is
directed, in part, by the adopted Council Strategic Plan.
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Council committees shall examine policies, proposals, and issues assigned to
them by a majority vote of the Council. Issues, proposals, and items generated
independently by Council committees or individual Council members will not be
examined, reviewed, or pursued by City staff without direction having been given
to the City Manager to do so by a majority vote of the Council.
Council committees shall report on their activities and make recommendations for
action to the full Council during Council meetings. Any action regarding Council
committee recommendations shall be determined by a majority vote of the Council.
No activity of a Council committee shall serve to limit information about policies,
proposals, and issues assigned to it by a majority of the Council from reaching the
full Council in a timely way. No Council committee shall substitute its judgement
for the judgement of the full Council.
Unless expressly granted by the full City Council, Council committees do not have
the power or authority to commit the City nor to take any binding action on behalf
of the full Council.
C. MEETINGS.
1. Regular meetings - Time of meeting
Regular meetings of the Council shall be held on the first and third Mondays of
each month, unless otherwise changed. Regular meetings shall convene at 7:00
p.m., provided that if a scheduled Regular Council meeting falls on a legal holiday,
the meeting shall be held at 7:00 p.m. on the first business day following the
holiday.7
2. Regular meetings - Place of meetings.
(a) City Hall.
Unless notice is given pursuant to Rule C.2.b. of these Rules, all regular
meetings of the Council shall be held in the City Council Chambers on the
first floor of City Hall, located at 525 N. 3rd Avenue, Pasco, WA 99301 , and
all study session meetings shall be held either in the City Council Chambers
or another properly noticed location.
(b) Changed meeting place.
Any meeting of the Council may be held at a place other than that required
by Rule C.2.a. hereof on proper notice of a changed meeting place.
(c) Special meetings
7 PMC 2.05.010.
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Special meetings may be called by the Mayor/Chair or by a majority of the
members of the Council pursuant to RCW 42.30.080. Types of special
meetings that may be called include study sessions, Council briefings,
retreats of the Council, joint meeting with another elected body, and
emergency meetings (see C 6 below).
3. Meetings - Items considered.
At regular meetings of the City Council, no action shall be taken on any item(s) not
appearing on the posted agenda of such meeting, provided that the City Council
may, by a majority vote, add items to the meeting agenda at – during – the meeting
where warranted, to address emergencies and/or matters calling for prompt action.
4. Quorum.
Four members of the Council shall constitute a quorum thereof for the transaction
of business. Except as otherwise specified by law or the Municipal Code, a majority
vote of the Council members shall be required and shall be sufficient to transact
any business before the Council.8
5. Executive Sessions.
If the City Council intends to hold an executive session, it shall be held pursuant
to the Open Public Meetings Act, RCW Chapter 42.30, and particularly, RCW
42.30.110. The Council may hold an executive session during a regular or special
meeting. Before convening in executive session, the Chair, shall publicly
announce the purpose for adjourning into executive session; the approximate
length of time for the executive session; and the likelihood of the Council taking
action at the close of the executive session and return to open session.
(a) At the close of the executive session and upon the Council's return to the
Council Chambers, the Presiding OfficerChair declares that the Council is
out of executive session and asks for the appropriate motion (i.e. an action
motion or a motion to adjourn).
(b) Councilmembers shall keep confidential all written materials and verbal
information provided to them during Executive or Closed Sessions and as
provided in RCW 42.23.070,9 to ensure that the City’s position is not
8 PMC 2.05060. Note: Per RCW 35A.12.120, certain actions require the affirmative vote of a majority of the
whole Council, which would mean that if a quorum of four members were in attendance (so that the Council
meeting could commence), all four members would have to vote for the proposition in order for it to pass.
9 RCW 42.23.070 Prohibited acts.
(1) No municipal officer may use his or her position to secure special privileges or exemptions for
himself, herself, or others.
(2) No municipal officer may, directly or indirectly, give or receive or agree to receive any compensation,
gift, reward, or gratuity from a source except the employing municipality, for a matter connected with or
related to the officer's services as such an officer unless otherwise provided for by law.
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compromised. Confidentiality also includes information provided to
Councilmembers outside of Executive Sessions when the information is
considered by the exempt from disclosure under exemptions set forth in the
Revised Code of Washington.
(c) Confidentiality also includes information provided to Council members
outside of executive sessions when the information is considered exempt
from disclosure under the Code of Ethics for Municipal Officers (RCW
42.524) and/or the Public Records Act (RCW 42.565).
6. Emergency meetings.
(a) Emergency meetings of the Council may be called by the Mayor or any two
Council members pursuant to RCW 42.14.075.10
(b) Meeting time, location, and notice requirements do not apply to emergency
meetings called for emergency matters as permitted by RCW 42.30.070,
RCW 42.30.080,11 and RCW 42.14.075. RCW 42.30.070 in the Open Public
Meetings Act provides: “If, by reason of fire, flood, earthquake, or other
emergency, there is a need for expedited action by a governing body to
meet the emergency, the presiding officer of the governing body may
provide for a meeting site other than the regular meeting site and the notice
requirements of this chapter [the Open Public Meetings Act] shall be
suspended during such emergency.”
(d) Emergency meetings are open to the public, unless the meeting is an exempt
emergency executive session pursuant to RCW 42.30.110 entitled
“Executive sessions.”
7. Meeting Agendas
(a) The meeting agendas - order of business - of regular City Council meetings
shall consist of the following:
(3) No municipal officer may accept employment or engage in business or professional activity that the
officer might reasonably expect would require or induce him or her by reason of his or her official position
to disclose confidential information acquire d by reason of his or her official position.
(4) No municipal officer may disclose confidential information gained by reason of the officer's position,
nor may the officer otherwise use such information for his or her personal gain or benefit.
10 RCW 42.14.075 provides: “Whenever, due to a natural disaster, an attack or an attack is imminent,
it becomes imprudent, inexpedient or impossible to conduct the affairs of a political subdivision at the
regular or usual place or places, the governing body of the political subdivision may meet at any place
within or without the territorial limits of the political subdivision on the call of the presiding official or any two
members of the governing body.
11 RCW 42.30.080 provides, in part, as follows: “(4) The notices provided in this section [RCW 42.30.080]
may be dispensed with in the event a special meeting is called to deal with an emergency involving injury
or damage to persons or property or the likeli hood of such injury or damage, when time requirements of
such notice would make notice impractical and increase the likelihood of such injury or damage.”
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First Call to order
Second Roll call
Second (a) Pledge of Allegiance (regular business meetings only)
Third Consent agenda (including approval of minutes and bills and
communications)
Fourth Proclamations and Acknowledgments
Fifth Visitors/other than agenda items
Sixth Reports from committees and/or officers
Seventh Public hearings and Council action on ordinances relating
thereto
Eighth Ordinances not relating to public hearings and resolutions
Ninth Unfinished business
Tenth New business
Eleventh Miscellaneous Council discussion
Twelfth Adjournment.12
(b) Consent agenda.
Any Councilmember may request any ordinance, resolution, rule, regulation,
order, directive, bills or minutes be placed on the consent agenda for
adoption or approval. All such items on the consent agenda shall be voted
on at one time by one roll call vote. Any Councilmember or visitor at a Council
meeting may request that any item, which has been placed on the consent
agenda, be removed from the consent agenda and such item shall then be
considered at the appropriate time and in the appropriate order pursuant to
PMC 2.05.020.13
8. Use of electronic devices during Council meetings.
12 PMC 2.05.020.
13 PMC 2.05.050.
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13
(a) Councilmembers shall not access, send, or receive any type of electronic
communications concerning any matter pending before the Council during a
Council meeting.14 The only exceptions to this Rule are:
(i) Accessing Council meeting-specific agenda and packet information;15
(ii) Accessing meeting notes and/or resource or research material specific
to matters pending before the Council;13
(iii) Family or emergency situations that may time to time arise. With respect
to this exception, a Councilm Member shall seek to be excused from the
meeting to avoid distraction of other Members from discussions, should
such interaction exceed more than a few moments in length; or
(iv) Local, state, or federal news alerts, announcements, and matters when
deemed appropriate.
D. PROCEDURE - ORDER AND DECORUM
1. Councilmember remarks.
Councilmembers who wish to speak shall address the Mayor/Presiding
OfficerChair, and when recognized, shall confine themselves to the question under
debate.
2. Questioning by Councilmembers.
Any member of the Council, and the Mayor, shall have the right to question any
individual, including members of the staff, on matters related to the issue properly
before the Council for discussion.
3. Obligation to the City.
Notwithstanding the right of Councilmembers to express their independent
opinions and exercise their freedom of speech, Councilmembers should act in a
way that reflects positively on the reputation of the City and of the community.
Councilmembers shall also interact with other members of the City Council and
City staff in respectful ways that promote effective local government.
4. Conduct during debates.
14 In addition to being a violation of these rules, inappropriate use of electronic devices during Council
meetings may implicate the City and the errant Councilmember(s) (personally) in legal entanglements and
litigation and possible penalties regarding potential violations of the Open Public Meetings Act, and/or the
Public Records Act, as well as appearing inappropriate to the public if such actions are evident to persons
in attendance at the meeting or watching the Council proceedings on social media.
15 If Council members do use electronic devices during a meeting for a purpose relevant to City business,
such messages must be archived in accordance with direction provided by the Washington State Attorney
General.
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14
(a) Speaking to the motion/matter being considered by the City Council, no
Councilmember shall speak more than twice on the same motion except by
consent of the Presiding OfficerChair or a majority of the Councilmembers
present at the time the motion is before the Council.
(b) The Councilmember who made a motion shall be permitted to speak to it
first. The Presiding OfficerChair may also allow discussion of an issue before
stating a motion when such discussion would facilitate wording of a motion.
(c) The Presiding OfficerChair shall recognize Councilmembers in the order in
which they request the floor. If two or more members of the Council desire
to be heard at the same time, the Presiding OfficerChair shall name the
member who is to speak first.
(d) No Councilmember, or the Presiding OfficerChair, shall interrupt or argue
with any other member while such member has the floor, other than the
Presiding Officer’sChair’s duty to preserve order and decorum at the
meeting, or as warranted to address a Parliamentary Point of Order or a
Point of Privilege.
(e) Any member of the Council shall have the right to challenge any action or
ruling of the Presiding OfficerChair, in which case the decision of the majority
of the members of the Council present shall govern.
5. Parliamentary procedures and motions.
(a) Unless specifically provided in these rules, all City Council meeting
discussions shall be governed by ROBERTS RULES OF ORDER, NEWLY
REVISED (latest edition).
(b) If a motion does not receive a second, it dies. Matters that do not constitute
a motion (and for which no second is needed) include nominations,
withdrawal of motion by the person making the motion, request for a roll call
vote, and point of order or privilege.
(c) A motion that receives a tie vote fails. Except where prohibited by law, the
Mayor/Presiding OfficerChair shall be allowed to vote to break a tie vote.
(d) Motions shall be stated in the affirmative. For example, “I move to approve”
as opposed to “I move to reject.” Councilmembers shall be clear and concise
and not include arguments for the motion within the motion.
(e) After a motion has been made and seconded, the Councilmembers may
discuss their opinions on the issue prior to the vote.
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15
(f) If any Councilmembers wish to abstain from a vote on a motion, such
Councilmembers shall promptly advise the Chair, giving the reason(s) for the
abstention or being excused from voting, and shall remove and absent
themselves from the deliberations and considerations of the motion, having
no further participation in the matter. Such Councilmembers should make
this determination before any discussion or participation on the subject
matter or as soon thereafter as the Councilmembers identifies a need to
abstain. Councilmembers may confer with the City Attorney to determine
whether the individual Councilmember is required to abstain.
(g) A motion to table is non-debatable and shall preclude all amendments or
debates of the issue under consideration. A motion to table effectively
removes the item without a time certain. A motion to table to a time certain
will be considered a motion to postpone as identified in Section (h) below.
To remove an item from the table requires a two-thirds' majority vote.
(h) A motion to postpone to a certain time is debatable, is amendable and may
be reconsidered at the same meeting. The question being postponed must
be considered at a later time at the same meeting, or to a time certain at a
future Regular or Special City Council meeting. To remove an item from
postponement in advance of the time certain requires a two -thirds’ majority
vote.
(i) A motion to postpone indefinitely is debatable, is not amendable, and may
be reconsidered at the same meeting only if it received an affirmative vote.
(j) A motion to call for the question shall close debate on the main motion and
is not debatable. This motion must receive a second and fails without a two -
thirds' vote; debate is reopened if the motion fails.
(k) A motion to amend is defined as amending a motion that is on the floor and
has been seconded, by inserting or adding, striking out, striking out and
inserting, or substituting.
(l) Motions that cannot be amended include: Motion to adjourn, lay on the table
(table), roll call vote, point of order, reconsideration and take from the table.
(m) Amendments are voted on first, then the main motion as amended (if the
amendment received an affirmative vote).
(n) Debate on a motion only occurs after the motion has been moved and
seconded.
(o) The Presiding OfficerChair, City Attorney or City Clerk should repeat the
motion prior to voting.
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(p) When a question has been decided, any Councilmember who voted with the
prevailing side may move for reconsideration at the same, or the next
meeting. In order to afford Councilmembers who voted with the prevailing
side the potential basis for a motion for recon sideration, Councilmembers
who voted with the prevailing side may inquire of Councilmembers who
voted with the minority as to the reasons for their minority vote, if not stated
during debate prior to the vote. A motion for reconsideration is debatabl e if
the motion being reconsidered was debatable. If the motion being
reconsidered was not debatable, the motion for reconsideration is not
debatable.
(q) The City Attorney shall act as the Council’s parliamentarian and shall advise
the Mayor/Presiding OfficerChair on all questions of interpretations of these
rules which may arise at a Council meeting.
6. Voting.
(a) Voice vote.
Voice vote. A generalized verbal indication by the Council as a whole of
“aye or yes” or “nay or no” vote on a matter, the outcome of which vote shall
be recorded in the official minutes of the Council. Silence of a
Councilmember during a voice vote shall be recorded as a vote with the
ultimate majority, except where a Councilmember abstains I accordance
with Subsection D.6.(c), below in which case, the silence shall not be
counted in the vote tally.
If there is uncertainty as to the outcome of a voice vote, the Presiding
OfficerChair, or any Ccouncilmember, may ask for a raise of hands for the
ayes or nays.
(b) Roll Call Vote.
A roll call vote may be requested by the Presiding OfficerChair or by any
Councilmember. The City Clerk shall conduct the roll call vote.
(c) Abstentions.
It is the responsibility of each Councilmember to vote when requested on a
matter before the full Council. A Councilmember may only abstain from
discussion and voting on a question because of a stated conflict of interest
or appearance of fairness issue.
7. Comments, concerns and testimony directed to the City Council.
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(a) Persons addressing the Council, who are not specifically scheduled on the
agenda, will be requested to step up to the podium, give their name and city
of residenceaddress for the record, and limit their remarks to three (3)
minutes, in addition to filling out the speaker sign -in sheet available at the
City Clerk’s desk or at a designated location in the council chambers. No
person may “donate” their time to another speaker . All remarks will be
addressed to the Council as a whole. The City Clerk shall serve as
timekeeper. The Presiding OfficerChair may make exceptions to the time
restrictions of persons addressing the Council when warranted, in the
discretion of the Presiding OfficerChair.
(b) Any person who causes actual disruption by failing to comply with the
allotted time established for the individual speaker’s public comment, making
personal attacks, using demeaning and antagonistic remarks based on
prejudice or biashate speech, making slanderous remarks or other disruptive
conduct while addressing the Council shall be barred from further
participation by the Presiding OfficerChair, unless permission to continue is
granted by a majority vote of Councilmembers present.
(c) The three (3) minute designation shall be electronically timed by means of a
suitable device with the City Clerk as the designated time keeper.
E. PUBLIC HEARINGS AND APPEALS.
1. Quasi-judicial hearings;
(a) Quasi-judicial hearings require a decision be made by the Council using a
certain process, which may include a record of evidence considered and
specific findings made. The following procedure shall apply:
(b) The City Manager or Department Director of the department most affected
by the subject matter of the hearing, or that Director’s designee, will present
the City’s position and findings. Staff will be available to respond to Council
questions.
(c) The proponent spokesperson(s) shall speak first and be allowed (10)
minutes. Council may ask questions.
(d) The opponent spokesperson(s) shall be allowed ten (10) minutes for
presentation and Council may ask questions.
(e) Each side shall then be allowed five (5) minutes for rebuttal, with the
proponent spokesperson speaking first, followed by the opponent
spokesperson.
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(e)(f) When a
number of people want to speak to a common topic or issue than the Council
may assign a limit regarding the total amount of time dedicated to a single
issue.
(f)(g) The City
Clerk shall serve as timekeeper during these hearings.
(g)(h) After each
proponent and opponent spokesperson have used their speaking time,
Council may ask further questions of the speakers, who shall be entitled to
respond but limit their response to the question asked.
(h)(i) The City
Council may then deliberate on open session or in closed session and
thereafter render its decision.16
2. Other public hearings.
(a) Public hearings (other than quasi-judicial hearings) where a general
audience is in attendance to present arguments for or against a public issue:
(b) The City Manager, Department Director or designee shall present the issue
to the Council and respond to questions.
(c) A person may speak for three (3) minutes. No one may speak for a second
time until everyone who wishes to speak has had an opportunity to speak.
The Presiding OfficerChair may make exceptions to the time restrictions of
persons speaking at a public hearing when warranted, in the discretion of
the Presiding OfficerChair.
(d) The City Clerk shall serve as timekeeper during these hearings.
(e) After the individual speakers have used their allotted time (before moving on
to the next speaker), Council may ask questions of the speaker and the
speaker may respond, but may not engage in further debate.
(f) The hearing will then be closed to public participation and open for
discussion among Councilmembers.
(g) The Presiding OfficerChair may exercise changes in the procedures at a
particular meeting or hearing, but the decision to do so may be overruled by
a majority vote of the Council.
F. SUSPENSION OF RULES.
16 RCW 42.30.140.
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19
The application of these Rules to any matter(s) coming before the City Council may
be suspended, other than where such suspension would be contrary to state law or
the Pasco Municipal CodeCity Ordinance. Furthermore, these Rules of Procedure of
the Council shall not be suspended without the vote of a majority of all of the members
of the Council.
G. AMENDMENT OF RULES.
These Rules of Procedure will evolve as conditions dictate. They are intended to be
flexible and adaptable to specific circumstances. In accordance with best practices,
these Rules of Procedure should be reviewed and evaluated on a periodic basis and
amended as necessary. Amendment to these Rules may be made at any meeting of
the Council held after the proposal to amend the Rules has been properly noticed and
shared with all Councilmembers. In order to be effective, the proposed amendment (s)
to these Rules shall be approved by a majority of all members of the Council.
H. RECORDING OF RULES.
These rules and all subsequent amendments thereto shall be recorded and kept by
the City Clerk, and each member of the Council shall be furnished with a copy thereof
in a form convenient for their reference.
I. ENFORCEMENT OF RULES OF PROCEDURE.
Councilmembers shall conform their conduct to the requirements, standards and
expectations set forth in these Rules of Procedure. In addition to and notwithstanding
whatever other enforcement mechanisms may exist for legal, ethical or practical
obligations on Councilmember performance or conduct, violations of these Rules of
Procedure by Councilmembers may be enforced by action of the City Council through
sanctions such as votes of censure or letters of reprimand, and such other action as
may be permitted by law.
Page 205 of 220
AGENDA REPORT
FOR: City Council September 12, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/16/24
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: Modification of Comprehensive Plan Amendment CPA2023-001 (Road
100 & Argent) (5 minutes)
I. REFERENCE(S):
CPA2023-001 Application Memo Revision
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION 1NO. Amendment Plan Comprehensive modify I move : to
Application CPA2023-001 to Medium Density Residential and conduct a public
hearing.
OR
MOTION 2NO. modify Amendment Plan Comprehensive to I : move
Application CPA2023-001 to Medium Density Residential and remand to the
Planning Commission for further consideration.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
The 2023 Comprehensive Plan Amendment Docket was presented to the City
Council on August 16, 2024. At that meeting, staff provided a summary of the
applications, and also heard from the applicants of each request.
Summary of Amendments
The 2023 Amendment Docket consists of two items:
CPA2022-003 - New Heritage
o Request: Industrial to Mixed Residential/Commercial
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o Docketed: This item was placed on the 2022 Comprehensive
Plan Amendment Docket via Resolution No. 4251 on September
19, 2022. Due to the pending status of the associated
Environmental Impact Statement (EIS), no formal decision was
made. The item was thus continued (placed) on the 2023 docket.
o Planning Commission Recommendation: The Pasco Planning
Commission recommended in favor of this item on January 25,
2023, and that it be forwarded to Pasco City Council.
CPA2023-001 - Road 100 & Argent
o Request: Low Density Residential to Mixed
Residential/Commercial
o Docketed: This item was placed on the 2023 Comprehensive
Plan Amendment Docket via Resolution No 4393 on November 6,
2023.
o Planning Commission Recommendation: The Pasco Planning
Commission recommended a denial of this item on May 16, 2024,
and that it be forwarded to Pasco City Council.
o Application Modified: The applicant submitted a memo on August
15, Medium request amendment to modifying 2024, the
Residential Residential, instead of the previously requested
Mixed Residential/Commercial.
A public hearing conducted before the Pasco City Council was held on
September 9, 2024. The Pasco Municipal Code requires that City Council take
action to either approve, deny, or modify the application(s), pursuant to PMC
25.215.020(11)(c). If the modification is deemed substantial, it shall require a
public Planning the back referred be to Council City before hearing or
Commission for further consideration.
Application accessed here: be materials can https://www.pasco-
wa.gov/1242/Comprehensive-Plan-Annual-Amendments. A memo from the
applicant seeking the modified application is attached as Exhibit A.
V. DISCUSSION:
Two motions have been prepared for City Council regarding CPA2023-001.
Page 207 of 220
Baljit CPA (LDR to MDR)
3015 ROAD 100
Page 1 of 1
Clover Planning & Zoning, LLC
Land Use Services Consultant
August 16, 2024
MEMORANDUM
To: Jacob Gonzales, City of Pasco Community & Economic Development Director
Pasco City Councilmembers
Re: CPA23-001 Application Amendment
This memo is intended to establish, on the record, the applicant’s intent to revise the Land Use Map
amendment request to assign the Medium-Density Residential land use designation to tax parcels 118-
292-036 & 118-292-027, totaling 2.96 acres. The several public meetings over the past year have
revealed significant neighborhood opposition to any land use amendments which may lead to future
commercial zoning. Accordingly, the applicant hereby requests to amend the application to the
Medium-Density Residential (MDR) land use designation prior to Council’s final decision.
We acknowledge that making this change to the original application causes some of the statements and
reasoning provided therein to no longer be applicable. However, due to the overlap in subsequent zoning
allowances in the MRC and MDR land use designations, many of the general concepts presented in the
original application remain applicable and may still be relied upon as finding supporting MDR approval.
We appreciate the opportunity to amend this application to more appropriately suit the vicinity in which
the site is located.
Sincerely,
Shane O’Neill
Senior Planner
Clover Planning & Zoning LLC
planclover@outlook.com
(509)713-4560
Page 208 of 220
AGENDA REPORT
FOR: City Council September 11, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/16/24
FROM: Maria Serra, Director
Public Works
SUBJECT: Martin Luther King Jr (MLK) Community Center Improvements Update
(10 minutes)
I. REFERENCE(S):
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation by Maria Serra, Public Works Director as status update for the
MLK with Architect Rada, Rod Center Community Jr. Improvements.
Architects West, will be available remotely to address details of the design
upon request.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Presentation of phased approach of improvements, Phase 1 schematic design,
and cost estimate to include the following:
Phases of the project
Schematic and conceptual designs of Phase 1
Cost estimate of Phase 1, secured funding and next steps for delivery of
Phase 1
V. DISCUSSION:
The presentation will provide an update of the project status showing the
schematic design of Phase 1 of the facility improvements.
Page 209 of 220
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PHASING PLAN
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PHASE 1 PROPOSED SITE PLAN CONCEPT
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PHASE 1
PROPOSED FLOOR PLAN
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PHASE 1 – PRELIMINARY CONSTRUCTION COST ESTIMATE: $3.2M
Next Steps for Phase 1:
Early- mid October 2024 Complete design
Mid-late October 2024 Advertise for bids
November 2024 Open bids
December 2024 Bid Award and Contract Execution
AmountCurrent Secured Funding
$2,500,000ARPA Award
$980,000 WA State Direct Appropriation
$3,000,000Federal Award
$6,480,000TOTAL
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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 219 of 220
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 220 of 220