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2024.11.25 Council Workshop Packet
AGENDA City Council Workshop Meeting 7:00 PM - Monday, November 25, 2024 Pasco City Hall, Council Chambers & Microsoft Teams Webinar 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 workshop. The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. To listen to the meeting via phone, call call 1-323-676-6197 and use access code 513 605 916#. 2. CALL TO ORDER 3. ROLL CALL 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT – the public may comment on each topic scheduled for discussion, up to 2 minutes per person with a total of 8 minutes per item. If opposing sides wish to speak, then both sides receive an equal amount of time to speak or up to 4 minutes each side. 4 - 12 (a) Update: Ordinance - Amending Pasco Municipal Code Title 25 Related to the State Environmental Policy Act (SEPA) Thresholds (15 minutes) 13 - 22 (b) Presentation of 2025-2026 Biennial Budget (10 minutes) 23 - 32 (c) 2025 Administrative/Professional Wage and Management Salary Plans (5 minutes) Page 1 of 385 33 - 134 (d) Resolution - Basin Disposal Inc. 2025 Proposed Rate Increase (5 minutes) 135 - 144 (e) Proposed 2023-2024 Budget Supplement (10 minutes) 145 - 155 (f) Resolution - Project Acceptance for Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 Project (5 minutes) 156 - 163 (g) Resolution - Project Acceptance for Argent Rd Widening Phase 3 (5 minutes) 164 - 170 (h) Resolution - Project Acceptance for Court Street Overlay Project (5 minutes) 171 - 183 (i) Resolution - Acceptance of Work for New Pasco Animal Control Shelter (5 minutes) 184 - 199 (j) Resolution - Bid Award for Martin Luther King Jr. Community Center Remodel and Expansion Phase 1 Construction Project (5 minutes) 200 - 214 (k) Resolution - I-182/Broadmoor Blvd. Interchange Project Change Order No. 9 Approval (5 minutes) 215 - 257 (l) Resolution - West Pasco Water Treatment Plant Phases 3 & 4 Drinking Water State Revolving Fund Additional Loan Acceptance (5 minutes) 258 - 287 (m) Resolution - "Amtrak" National Railroad Passenger Corporation - Intermodal Transportation Facility Lease Agreement (5 minutes) 288 - 383 (n) Lodging Tax Advisory Committee (LTAC) Recommendations for 2025 (7 minutes) 6. MISCELLANEOUS COUNCIL DISCUSSION 7. EXECUTIVE SESSION (a) 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) and to Discuss with Legal Counsel About Current or Potential Litigation per RCW 42.30.110(1)(i) (30 minutes) Page 2 of 385 8. ADJOURNMENT 9. ADDITIONAL NOTES 384 - 385 (a) Adopted Council Goals (Reference Only) (b) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the City Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 3 of 385 AGENDA REPORT FOR: City Council November 21, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 11/25/24 FROM: Richa Sigdel, Deputy City Manager Community & Economic Development SUBJECT: Update: Ordinance - Amending Pasco Municipal Code Title 25 Related to the State Environmental Policy Act (SEPA) Thresholds (15 minutes) I. REFERENCE(S): Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The purpose of this staff report is provide City Council with information regarding proposed amendments to Title 23 Environmental Impact of the Pasco Municipal Code (PMC) in response to recent changes made to the State Environmental Policy Act (SEPA) Rules in Washington Administrative Code (WAC) 197-11-800. The proposed changes are also intended to accommodate feedback collected during stakeholder engagement related to on ongoing Development Review Process Update, and align Pasco's SEPA regulations with those in nearby jurisdictions. The proposed code amendments would increase existing thresholds levels exempting minor new construction and other projects from SEPA review. V. DISCUSSION: The Washington State Legislature has recognized the need to streamline the State Environmental Policy Act (SEPA) process. To this end, SEPA categorical exemptions have been developed to exclude projects below certain thresholds, such as those involving a specified number of units or specific types of Page 4 of 385 construction, from SEPA review. WAC 197-11-800 allows local jurisdictions to adopt higher thresholds for these exemptions. The following outlines the maximum thresholds that cities fully planning under the Washington State Growth Management Act may implement, as specified in WAC 197-11-800(d): Single Family Residential: 30 units or less Multi-Family Residential: 200 units or less Office, School, Commercial, Recreational, Service, Storage building, or Parking facilities: 30,000 square feet or less, and less than 90 parking spaces Minor Construction, Excavation, Remodels: o Fill or Excavation: 1,000 cubic yards or less o Minor new construction o Remodels, repairs, and modifications that do not change the use of the buildings Several cities, including Kennewick, Richland, and Walla Walla, have already adopted of benefits anticipated exemptions. categorical these The implementing these exemptions include: Reducing permitting timeframes while maintaining environmental protections. Eliminating non-value added steps in the permitting process. Decreasing workloads for staff, allowing for greater focus on critical projects. Savings on cost and time for applicants. Reducing local government effort and costs associated with SEPA submissions and reviews. Minimizing regulatory burdens through raised thresholds and providing lead agencies flexibility. Avoiding duplicative document and analysis. The City must document that environmental analysis, protection, and mitigation measures for impacts to elements of the environment (as listed in WAC 197- 11-444) have been adequately addressed for developments exempted under the proposed thresholds. Coordination with Washington State Department of Transportation (WSDOT) The City must engage with WSDOT to evaluate potential impacts to state- owned transportation facilities and document the outcomes of this outreach, including any necessary mitigation measures. Public and Stakeholder Engagement Page 5 of 385 The City must establish and document local notice and comment opportunities for the public, affected tribes, and agencies regarding permitting of development projects under the increased exemption levels. Cultural and Historic Resource Protections The City must demonstrate that specific adopted development regulations and applicable state and federal laws provide adequate protections for cultural and historic resources when exemption levels are raised. Notice to Relevant Parties The City must provide a minimum of 60 days’ notice to affected tribes, agencies with expertise, affected jurisdictions, and the Department of Ecology before adopting the increased exemption levels. Council Direction Needed Staff is seeking Council direction on potential options to move the categorical exemption of projects forward. The city's recently adopted Housing Action Plan, zoning code updates, Comprehensive Plan EIS, and updated municipal code provide a strong foundation to move forward with residential SEPA exemptions. These measures align with state requirements and address key environmental protections for residential development. However, non-residential development standards have not yet been updated, which will pose a compliance risk. Similarly, updates to the TIF, scheduled to be finalized in March 2025, ensures the City is able to meet transportation concurrency requirements. A potential set of options are (1) proceed with residential exemptions now, leveraging the current framework, while prioritizing updates to non-residential standards; or (2) delay implementation until non-residential standards are updated to ensure full alignment. Staff believes the city is well-positioned to implement residential exemptions while continuing work on non-residential standards. If Council proceeds with option 1, staff will proceed with State required 60 day notification period. Adoption of the residential changes then can take effect in early February, which will more closely align with finalization of new traffic impact fees. Page 6 of 385 CA2024-007 Update on SEPA Thresholds November 25, 2024 City Council Pa g e 7 o f 3 8 5 State Environmental Policy Act (SEPA) Overview 2 •Purpose of SEPA •Identifies and analyzes environmental impacts of government decisions. •Applicable to permits for private projects, public facilities, and regulations, policies, or plans. •SEPA Review Process •Assists lead agency, applicants, and public in understanding environmental impacts/effects of a proposal. •Allows for modification, denial, or mitigation of proposals to address probable impacts. •RCW 43.21 | WAC 197-11 Pa g e 8 o f 3 8 5 SEPA Reform – Categorical Exemptions 3 •Modern Environmental Protections •Laws like the Growth Management Act (GMA), critical areas regulations, and stormwater rules mitigate impacts directly through city and county codes. •SEPA is no longer the primary tool for mitigation. •Engagement •GMA and Local Project Review Act ensure robust public, Tribal, and interagency engagement. •SEPA public notice requirements are duplicative of these processes. •Categorical Exemptions (WAC 197-11 -800) •Legislature introduced thresholds to exempt smaller projects from SEPA review. •Cities, towns, and counties can adopt these thresholds, exempting residential projects up to specified limits. Pa g e 9 o f 3 8 5 SEPA Reform – Categorical Exemptions 4 Project Types Exemptions Single-Family Residential 30 Units Multi-Family Residential 200 Units Excavation, Minor Construction, Remodels •Fill or excavation less than 1,000 cubic yards •Repairs and modifications that do not change use of the building Office, school, commercial, recreational, service, storage building, parking facilities •30,000 square feet and 90 parking spaces **Allowed if provisions of WAC 197-11-800(c) are met: •Adequate environmental protections via state, local, federal regulations •Documentation of outreach with the WSDOT on impacts to state-owned facilities •Public and Tribal Engagement – 60 Day Notice •Protections for Cultural and Historic Resources Pa g e 1 0 o f 3 8 5 Current Status and Options 5 •Housing Exemptions •Recent adoption of Housing Action and Implementation Plan and housing regulations in place to satisfy exemption requirements. •Non-Residential Exemptions •Updates to codes, standards, and public engagement efforts have not been initiated. •Option 1: Pursue Phased Approach •Move forward with residential exemptions now, develop non- residential requirements in 2025 •Option 2: Pursue Comprehensive Approach •Move forward with exemptions concurrently Pa g e 1 1 o f 3 8 5 QuestionsPa g e 1 2 o f 3 8 5 AGENDA REPORT FOR: City Council November 22, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 11/25/24 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Presentation of 2025-2026 Biennial Budget (10 minutes) I. REFERENCE(S): Presentation: 2025-2026 Biennial Budget Council Additions II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: 2025 - 2026 Biennial Budget IV. HISTORY AND FACTS BRIEF: The budget process includes many steps and layers of analysis. In June of 2024, initial budgetary revenue projections, baseline labor calculations and estimate of internal service costs were evaluated. A budget kick-off meeting and associated training occurred City-wide in this month as well. Following months of collaborative, City-wide budget planning meetings, a preliminary budget for 2025-2026 biennium existed in draft form. Beginning in October, staff have provided budget presentations at City Council meetings. During these meetings, past years' results of operations and capital spending, staffing levels, 2023-2024 accomplishments and the results of 2025- 2026 biennial budget planning including potential impact of conservative expenditure budgeting have been highlighted. Based on discussion with Council at the November 12th meeting, elements affecting the budget were reflected in the total budget figures shared at the November 18th meeting. Those changes included the addition of a 2% COLA and reduction of biennial expenses as a result of savings related to temporary Page 13 of 385 pause of equipment and vehicle savings accumulation and potential savings that may result as staffing vacancies occur during the biennium. Any labor cost savings will exist following careful assessment of service level needs and potential for gains in efficiency with remaining staffing availability. Where expense mitigation can responsibly occur, positions will be unfilled. Upon approval of the 2025-2026 Biennial Budget, a budget document will be completed for distribution and available for community information. V. DISCUSSION: As part of the 2025 - 2026 Biennial Budget review at the November 18th meeting, a list of budgetary impacts associated with the need to mitigate deficit spending was presented. During review of the list, the following items were discussed and requested added to biennial budget: 1. Gate service related to Chiawana Park access, $15,000 per biennium, 2. Service costs associated with general cleaning and garbage disposal in Downtown, $240,000 per biennium, 3. Domestic violence advocacy program, $40,000 per biennium, 4. Citizen Academy program, $80,000 per biennium, 5. Abandon RV impound program, $20,000 per biennium. The budget for the items discussed have been added into the proposed budget. The total cost is an additional draw on budgetary reserves of $395,000. Police department has provided their preference of budgetary additions. One exception exists as compared to Council's additions. The budgetary change of highest priority to the Police Department is the creation of a dedicated traffic unit. This unit would require the addition of five staff, including a sergeant and four officers. The ongoing biennial cost of traffic unit would be approximately $2.0M - $2.2M when fully staffed. The cost of the traffic unit would represent approximately 14% of 2025 levy. If this cost was included with the approval of a levy lid lift, the associated property tax rate would be an increase of $0.157 cents per $1,000 assessed property value based on 2025 city-wide assessed value. Following Council discussion and input tonight, the 2025-2026 Biennial Budget is anticipated to be amended, if necessary, and returned for Council approval at the meeting of December 2, 2024. Page 14 of 385 November 25, 2024 Pasco City Council Workshop Meeting Pa g e 1 5 o f 3 8 5 2025-2026 Biennial Budget November 25, 2024 Pasco City Council Pa g e 1 6 o f 3 8 5 3 Additions to Proposed Budget The following budgetary considerations were discussed at the November 18 meeting: •Clean up program in Downtown Area •Spending has no specific supporting revenue source •Has been added to the General Fund Budget to be supported by general tax revenues, like property, sales, utility taxes •In 2025, •Service provider(s) will be acquired through a competitive process •Procedure detailing service area, services to be provided, and methodology for assignment of services will be created •Biennial cost increase to budget $240,000 •Park gate closing service at Chiawana Park adds expenses of $15,000 biennially Pa g e 1 7 o f 3 8 5 4 Items of Council Discussion The following budgetary considerations were discussed at the November 18 meeting: POLICE DEPARTMENT: Priority 2: Continuation of domestic violence advocacy program Biennial expense increase of $40,000 Priority 3: Continuation of citizen academies – Cost per academy is $20,000 Biennial expense increase of $80,000. Priority 4: Continuation of abandoned RV impound program Biennial expense increase of $20,000 Pa g e 1 8 o f 3 8 5 5 Priority of Police Dept Impacts Dedicated Traffic Unit •Includes additional staffing of five. •Vehicle cost of $145K over biennium •Purchase of equipment, uniforms, & hiring expenses of $110K in biennium 2025 •Immediate appointment of sergeant – biennial cost, $400K •Officers (2) expected to be hired in late 2025 –biennial cost, $585K 2026 •Addition of officers (2) in late 2026 – biennial cost, $600K Phasing of hiring in 2025 and 2026 has potential to limit expenses in this biennium, as presented $1.84M biennial impact. Ongoing cost for dedicated traffic unit is approximately $2.0M to $2.2M per future biennium. Pa g e 1 9 o f 3 8 5 6 Amended 2025 – 2026 Budget Pa g e 2 0 o f 3 8 5 7 Next Steps •2025-2026 Biennial Budget must be approved by 12/31/2023 •Staff will return with finalized budget numbers based on today’s discussion at 12/2/2024 Council meeting Pa g e 2 1 o f 3 8 5 Questions? Pa g e 2 2 o f 3 8 5 AGENDA REPORT FOR: City Council November 19, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 11/25/24 FROM: Adam Lincoln, City Manager City Manager SUBJECT: 2025 Administrative/Professional Wage and Management Salary Plans (5 minutes) I. REFERENCE(S): Draft Ordinance - Wage Plan for Non-Represented, Non-Management Positions for 2025 Draft Ordinance - Wage Plan for Management Positions for 2025 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1. Discussion 2. Direction for inclusion of Cost of Living Adjustment (COLA) in 2025 3. If included in 2025, direction on 2% or 3% COLA III. FISCAL IMPACT: $430k for 2% COLA for 2025 $630k for 3% COLA for 2025 IV. HISTORY AND FACTS BRIEF: The City of Pasco (City) utilizes “comparable” cities when negotiating union contracts for police and fire employees. To maintain competitiveness, lessen wage compression, and maintain rough parity throughout the organization and industry, similar comparable cities are used in evaluating the salary and total compensation (public groups work works/facilities, other of plans City administrative/professional, and management positions). Organized bargaining units (police, fire, and public works/facilities) negotiate specific increases to salaries, benefits, and cost of living allowance (COLA) in bargaining these approves Council three years. two every contracts to The bargaining contracts as they are negotiated. City's administrative/professional and management employees do not operate under Page 23 of 385 a collective bargaining agreement and instead, adjustments to compensation are accomplished through Council action in the form of an ordinance, typically following the budget process at the end of the calendar year. A COLA serves to maintain spending power in the face of inflation, while a market adjustment is used to calibrate classifications that require movement up or down the salary schedule for purposes of internal and external equity. There are other aspects of compensation beyond salary, such as health benefits, vacation accrual, flexible schedules, deferred compensation, etc. that impact workforce retention and the recruitment of quality candidates. Any employer, public or private, failing to consider market conditions or inflationary impacts on salaries, over time, will see their competitiveness as an employer erode, which in turn impacts their ability to recruit quality candidates and retain quality staff. Further, such inaction can cause wage compression, resulting in an imbalance between positions requiring similar skills and having comparable responsibilities, and have a detrimental impact on morale and productivity. All of this leads to an unstable workforce as people leave for better conditions, which adversely impacts an employer's ability to provide quality services. V. DISCUSSION: For the reasons outlined above it is recommended that when economic conditions permit, COLA and market adjustments be made to assure the competitiveness of the administrative/professional and management salary scales. The City utilizes the All Urban Consumers (CPI-U) West–Size Class B/C Consumer Price Index (CPI). Using this index, the reported annual rate of inflation for October 2023 to October 2024 is 1.7%, CPI for the same period last year was 2.6%. Staff recommend Administrative/Professional (Exempt and Non-Exempt) and Management employee group to receive a COLA adjustment of either 2.0% or 3.0% to maintain the City's competitiveness as an employer. Staff is seeking Council direction to support development of 2025-2026 budget preparation. Page 24 of 385 Ordinance Admin/Professional & Non-Mngt Wages 2025 - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, CONCERNING WAGES FOR CERTAIN ADMINISTRATIVE/ PROFESSIONAL, NON-MANAGEMENT PERSONNEL FOR CALENDAR YEAR 2025. WHEREAS, after due consideration of the cost-of-living index and wage rates paid by comparable cities, and the history of wage adjustments for the City’s bargaining units, the City Manager has recommended a X% cost of living adjustment in the administrative/professional, non- management wage plan; and WHEREAS, the City Council finds that the proposed cost of living adjustment is appropriate in consideration of the Department of Labor’s Consumer Price Index and comparability within the City and with other jurisdictions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The wage scale for those administrative and professional, non-management positions is specified in Exhibit A attached hereto, which is incorporated by reference as if fully set forth herein. The City Manager shall designate the appropriate salary in Exhibit A for each employee covered by this Ordinance, considering the employee’s time in the position, the current hourly wage, and the evaluation of the employee’s performance. Section 2. The step increases set forth in Exhibit A are dependent upon a satisfactory performance evaluation. Section 3. The wage scale set forth in Exhibit A shall be effective January 5, 2025, (1st full pay period of 2025) and remain in effect until this Ordinance is amended or superseded by a subsequent Ordinance. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. Section 5. 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 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 regulations; or numbering or referencing of ordinances or their sections and subsections. Page 25 of 385 Ordinance Admin/Professional & Non-Mngt Wages 2025 - 2 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, on this ___ day of _____________, 2024. Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ___________________________ Page 26 of 385 ADMINISTRATIVE/PROFESSIONAL WAGE SCALE (Non-Represented) - 2025 Effective 01.05.2025 - 2% COLA Position Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Animal Shelter Kennel Technician Animal Shelter Customer Service Technician 17 20.36 20.99 21.64 22.31 23.00 23.71 24.44 Department Assistant I 20 21.60 22.27 22.96 23.67 24.40 25.16 25.94 Lead Animal Shelter Kennel Technician 22 22.48 23.17 23.89 24.63 25.39 26.17 26.98 Animal Control Officer 25 23.85 24.59 25.35 26.13 26.94 27.78 28.64 Administrative Assistant I Cemetery Customer Service Representative 26 24.33 25.08 25.86 26.66 27.48 28.33 29.21 Probation Services Clerk 27 24.82 25.58 26.37 27.19 28.03 28.90 29.79 Department Assistant II Deputy Court Clerk 28 25.31 26.10 26.90 27.73 28.59 29.48 30.39 Park Ranger Utility Account Specialist 31 26.86 27.69 28.55 29.43 30.34 31.28 32.25 Accounting Assistant Engineering Technician I Permit Coordinator Lead Court Clerk Development Services Technician I 33 27.95 28.81 29.70 30.62 31.57 32.54 33.55 Animal Control and Operations Lead 35 29.07 29.97 30.90 31.86 32.84 33.86 34.91 Administrative Assistant II Human Resources Administrative Coordinator 37 30.25 31.19 32.15 33.15 34.17 35.23 36.32 Lead Permit Coordinator 38 30.86 31.81 32.79 33.81 34.85 35.93 37.04 Court Services Specialist Registered Nurse 39 31.47 32.45 33.45 34.48 35.55 36.65 37.78 Engineering Technician II Pre-Treatment Technician Code Enforcement Officer Development Services Technician II 40 32.10 33.10 34.12 35.17 36.26 37.38 38.54 Court Probation Officer Payroll Specialist Deputy City Clerk Planner I Recreation Specialist Court Community Resource Coordinator Communications & Outreach Coordinator 41 32.74 33.76 34.80 35.88 36.99 38.13 39.31 Human Resources Specialist Lead Recreation Specialist Executive Administrative Assistant 42 33.40 34.43 35.50 36.59 37.73 38.89 40.10 Procurement Specialist Planner II Management Analyst I Fire Logistics Coordinator 43 34.07 35.12 36.21 37.33 38.48 39.67 40.90 Building Inspector Construction Inspector Lead Code Enforcement Officer Information Technology Specialist (PC, Network, Database, GIS, & REV) 45 35.44 36.54 37.67 38.83 40.04 41.27 42.55 Planner III Engineering Tech III Plans Examiner Project Support Specialist Development Services Technician III *Staff Accountant *Management Analyst II 49 38.36 39.55 40.77 42.03 43.34 44.68 46.06 Human Resources Generalist 50 39.13 40.34 41.59 42.88 44.20 45.57 46.98 Environmental Compliance Coordinator *Block Grant Administrator 53 41.53 42.81 44.14 45.50 46.91 48.36 49.85 Instrumentation Technician Engineer I Public Works Project Coordinator CIP Inspection Coordinator Executive Assistant - City Manager *Public Works Financial Analyst *Senior Human Resources Generalist *Digital Media Administrator 54 42.36 43.67 45.02 46.41 47.85 49.33 50.85 *Senior Planner *Lead Communications & Engagement Strategist 56 44.07 45.43 46.84 48.29 49.78 51.32 52.91 *Lead Accountant I *Information Technology Business Analyst 59 46.77 48.21 49.70 51.24 52.83 54.46 56.14 *CIP Project Manager *Development Services Lead *IT Project Manager *Engineer II *Information Technology Administrator (Database, GIS, Network, System, and SCADA) 61 48.66 50.16 51.71 53.31 54.96 56.66 58.41 *Lead Accountant II *Human Resources Business Partner *Safety and Risk Program Administrator 63 50.62 52.19 53.80 55.47 57.18 58.95 60.77 *Senior Engineer *Senior Traffic Engineer 65 52.67 54.30 55.97 57.71 59.49 61.33 63.23 *Information Technology Lead (GIS, Operations, Applications, Customer Service)66 53.72 55.38 57.09 58.86 60.68 62.56 64.49 * = FLSA Exempt Position Page 27 of 385 ADMINISTRATIVE/PROFESSIONAL WAGE SCALE (Non-Represented) - 2025 Effective 01.05.2025 - 3% COLA Position Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Animal Shelter Kennel Technician Animal Shelter Customer Service Technician 17 20.56 21.19 21.85 22.53 23.22 23.94 24.68 Department Assistant I 20 21.82 22.49 23.19 23.90 24.64 25.40 26.19 Lead Animal Shelter Kennel Technician 22 22.70 23.40 24.12 24.87 25.64 26.43 27.25 Animal Control Officer 25 24.09 24.83 25.60 26.39 27.21 28.05 28.92 Administrative Assistant I Cemetery Customer Service Representative 26 24.57 25.33 26.11 26.92 27.75 28.61 29.49 Probation Services Clerk 27 25.06 25.83 26.63 27.46 28.31 29.18 30.08 Department Assistant II Deputy Court Clerk 28 25.56 26.35 27.17 28.01 28.87 29.77 30.69 Park Ranger Utility Account Specialist 31 27.13 27.96 28.83 29.72 30.64 31.59 32.56 Accounting Assistant Engineering Technician I Permit Coordinator Lead Court Clerk Development Services Technician I 33 28.22 29.09 29.99 30.92 31.88 32.86 33.88 Animal Control and Operations Lead 35 29.36 30.27 31.20 32.17 33.16 34.19 35.25 Administrative Assistant II Human Resources Administrative Coordinator 37 30.55 31.49 32.47 33.47 34.51 35.57 36.67 Lead Permit Coordinator 38 31.16 32.12 33.12 34.14 35.19 36.28 37.41 Court Services Specialist Registered Nurse 39 31.78 32.76 33.78 34.82 35.90 37.01 38.15 Engineering Technician II Pre-Treatment Technician Code Enforcement Officer Development Services Technician II 40 32.42 33.42 34.45 35.52 36.62 37.75 38.92 Court Probation Officer Payroll Specialist Deputy City Clerk Planner I Recreation Specialist Court Community Resource Coordinator Communications & Outreach Coordinator 41 33.06 34.09 35.14 36.23 37.35 38.50 39.70 Human Resources Specialist Lead Recreation Specialist Executive Administrative Assistant 42 33.73 34.77 35.84 36.95 38.10 39.27 40.49 Procurement Specialist Planner II Management Analyst I Fire Logistics Coordinator 43 34.40 35.46 36.56 37.69 38.86 40.06 41.30 Building Inspector Construction Inspector Lead Code Enforcement Officer Information Technology Specialist (PC, Network, Database, GIS, & REV) 45 35.79 36.90 38.04 39.22 40.43 41.68 42.97 Planner III Engineering Tech III Plans Examiner Project Support Specialist Development Services Technician III *Staff Accountant *Management Analyst II 49 38.74 39.94 41.17 42.45 43.76 45.11 46.51 Human Resources Generalist 50 39.52 40.74 42.00 43.30 44.64 46.02 47.44 Environmental Compliance Coordinator *Block Grant Administrator 53 41.93 43.23 44.57 45.95 47.37 48.83 50.34 Instrumentation Technician Engineer I Public Works Project Coordinator CIP Inspection Coordinator Executive Assistant - City Manager *Public Works Financial Analyst *Senior Human Resources Generalist *Digital Media Administrator 54 42.77 44.10 45.46 46.87 48.31 49.81 51.35 *Senior Planner *Lead Communications & Engagement Strategist 56 44.50 45.88 47.30 48.76 50.27 51.82 53.42 *Lead Accountant I *Information Technology Business Analyst 59 47.22 48.69 50.19 51.74 53.34 54.99 56.69 *CIP Project Manager *Development Services Lead *IT Project Manager *Engineer II *Information Technology Administrator (Database, GIS, Network, System, and SCADA) 61 49.13 50.65 52.22 53.83 55.50 57.21 58.98 *Lead Accountant II *Human Resources Business Partner *Safety and Risk Program Administrator 63 51.12 52.70 54.33 56.01 57.74 59.53 61.37 *Senior Engineer *Senior Traffic Engineer 65 53.18 54.83 56.52 58.27 60.07 61.93 63.85 *Information Technology Lead (GIS, Operations, Applications, Customer Service)66 54.25 55.92 57.65 59.44 61.28 63.17 65.12 * = FLSA Exempt Position Page 28 of 385 Ordinance – Management Wages 2025 - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, CONCERNING THE SALARIES FOR MANAGEMENT POSITIONS FOR THE CALENDAR YEAR 2025. WHEREAS, after due consideration of the cost-of-living index and wage rates paid by comparable cities, and the history of wage adjustments for the City’s bargaining units, the City Manager has recommended a X% cost of living adjustment for the calendar year 2025, in the management wage plan; and WHEREAS, the City Council finds that the proposed cost of living adjustment is appropriate in consideration of the Department of Labor’s Consumer Price Index and comparability within the City and with other jurisdictions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The maximum monthly salaries for management positions shall be as set forth in Exhibit A attached hereto, which is incorporated by reference as if fully set forth herein. The schedule of maximum salaries set forth in Exhibit A shall be effective January 5, 2025, (1st full pay period of 2025) and shall remain effective until this Ordinance is amended or superseded by subsequent Ordinance. The actual salary to be received by an employee occupying a management position shall be determined by the City Manager in an amount no greater than the maximum for the position except as authorized herein. Section 2. For payroll purposes only, the monthly salaries as set forth in Exhibit A may be multiplied by twelve (12) and divided by two thousand eighty (2,080) (number of hours in work year) to determine an hourly rate of pay and paychecks may be computed and paid on this hourly basis; however, all positions listed on Exhibit A shall remain salaried positions. Section 3. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. Section 4. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulation s; or numbering or referencing of ordinances or their sections and subsections. Page 29 of 385 Ordinance – Management Wages 2025 - 2 Section 6. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ____ day of __________________, 2024. Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ___________________________ Page 30 of 385 Position Monthly Maximum Annual Maximum City Manager CONTRACT Deputy City Manager 18,258 219,096.00 DIRECTOR BAND 2 17,387.94 208,655.28 Police Chief Fire Chief Public Works Director Community & Economic Development Director Assistant City Manager DIRECTOR BAND 1 16,293.48 195,521.76 Human Resources Director Finance Director Parks & Recreation Director Information Technology Director MANAGEMENT BAND 3 15,020.52 180,246.24 Deputy Fire Chief Deputy Police Chief Development Services Manager Deputy Community & Economic Development Director Deputy Public Works Director MANAGEMENT BAND 2 13,937.28 167,247.36 Finance Manager MANAGEMENT BAND 1 11,986.02 143,832.24 Utility Billing Manager Facilities Manager Parks Manager Planning Manager Inspection Services Manager Public Works Division Manager Construction Manager Court Administrator Police Records Manager Animal Services Manager Finance Project Manager Recreation Services Manager City Clerk Management Salary Schedule - 2025 2% COLA Effective 1.5.2025 Page 31 of 385 Position Monthly Maximum Annual Maximum City Manager CONTRACT Deputy City Manager 18,437 221,244.00 DIRECTOR BAND 2 17,558.41 210,700.92 Police Chief Fire Chief Public Works Director Community & Economic Development Director Assistant City Manager DIRECTOR BAND 1 16,453.22 197,438.64 Human Resources Director Finance Director Parks & Recreation Director Information Technology Director MANAGEMENT BAND 3 15,167.78 182,013.36 Deputy Fire Chief Deputy Police Chief Development Services Manager Deputy Community & Economic Development Director Deputy Public Works Director MANAGEMENT BAND 2 14,073.92 168,887.04 Finance Manager MANAGEMENT BAND 1 12,103.53 145,242.36 Utility Billing Manager Facilities Manager Parks Manager Planning Manager Inspection Services Manager Public Works Division Manager Construction Manager Court Administrator Police Records Manager Animal Services Manager Finance Project Manager Recreation Services Manager City Clerk Management Salary Schedule - 2025 3% COLA Effective 1.5.2025 Page 32 of 385 AGENDA REPORT FOR: City Council November 20, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 11/25/24 FROM: Richa Sigdel, Director City Manager SUBJECT: Resolution - Basin Disposal Inc. 2025 Proposed Rate Increase (5 minutes) I. REFERENCE(S): Resolution Basin Disposal Inc. Letter 7/29/2024 Solid Waste Agreement 11/16/2015 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: A 2.56% increase in Solid Waste collection and disposal rates for 2025 for all customers within the City of Pasco's Service Area. IV. HISTORY AND FACTS BRIEF: Basin Disposal Inc. (BDI) has provided collection and disposal of the City's residential and commercial solid waste for many years. The current agreement with BDI, negotiated in 2015, is for a rolling 15-year term with automatic 1-year extensions of the expiration date with each anniversary, unless notice of termination is provided per the provisions of the agreement. The agreement sets the terms and classes of service and provides the conditions for rate increases, which may occur annually. Basic rate adjustments are tied to the Consumer Price Index (CPI) (limited to 80% of any increase) while other adjustments (i.e., tipping fees, disposal costs, etc.) due to outside vendors, may also be requested. The agreement includes an annual rate adjustment cap of five percent (5%). Page 33 of 385 V. DISCUSSION: Based on the terms of the BDI agreement, and also taking into account how these increases are calculated and distributed across each service area. BDI proposed an overall rate increase of 2.56% for a 96 gallon container, based on the following components: The collection fee is increasing by 2.07%, which is calculated based on 80% of the Consumer Price Index from June of this year per the requirement of BDI's contract with Pasco The tipping fee is increasing by 3.6% from $57.46 per ton to $59.53 over last year's rates. This results in the following changes in Residential Monthly Rates: 2024 Rates 2025 Rates Increase 64-Gallon Residential Cart (Senior/Low Income) Only $12.22 $12.53 $0.31 96-Gallon Residential Cart $24.47 $25.10 $0.63 With the recommended 2.56% rate increase, the cost for a standard residential 96-gallon container will increase from $24.47 per month to $25.10 per month. Per the contract, BDI is the retail provider to the customer and is responsible for notification of the proposed rate adjustment. City staff has reviewed the proposal and found that the recommended annual rate increase of 2.56% is consistent with the terms and conditions of the agreement. Page 34 of 385 Resolution – 2025 BDI Annual Rate Increase - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING A RATE INCREASE FOR SOLID WASTE COLLECTIONS AND DISPOSAL SERVICES BY BASIN DISPOSAL, INC. WHEREAS, the City of Pasco (City) and Basin Disposal, Inc. (BDI) entered into a Comprehensive Solid Waste Collection Agreement (Agreement) dated November 16, 2015, for the collection, transport and disposal of all Solid Waste, Household Hazardous Waste and other authorized materials commencing January 1, 2016; and WHEREAS, the Agreement term is fifteen years with an automatic one-year extension on each anniversary of the date of commencement; and WHEREAS, the Agreement affords BDI Annual Rate Adjustments based on 80% of the annual percentage increase in the Consumer Price Index (CPI) (All Urban Consumers; West Region, Size B/C) along with adjustments to Tipping Fees and Disposal Fees; and WHEREAS, while the CPI adjustment at 80% results in a requested rate increase of 2.07% along with a 3.6% increase in Tipping and Disposal Fees, the weighted average rate increase due to CPI and Tip fee increase of 2.56% as noticed in Exhibit A is below 5% that is in accordance with the Annual Rate Adjustment Cap outlined in Section 6.3.4 of the Agreement; and WHEREAS, pursuant to the Agreement, BDI must first publish notice by mailing to all affected ratepayers or by publishing in a newspaper of general circulation for two consecutive weeks and such notice must occur forty-five days before the effective rate increase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council approve the Annual Rate Adjustment of 2.56% in accordance with the terms outlined in the 2015 Comprehensive Solid Waste Collection Agreement, attached hereto as Exhibit B, and the Rate Schedule with the effective dates of January 1, 2025, through December 31, 2025. Be It Further Resolved, that this Resolution shall take effect immediately. Page 35 of 385 Resolution – 2025 BDI Annual Rate Increase - 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, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 36 of 385 July 29, 2024 Maria Serra Public Works Director 525 N 3rd Ave 2nd Floor Pasco, WA 99301 Dear Mrs. Serra: I hope this letter finds you in good health and spirits. It is time for the annual rate adjustment based on the (Consumer Price Index) CPI. This year’s rate adjustment will also incorporate a Tip Fee increase. Please consider this letter as a notification of the proposed rate adjustments scheduled for January 1, 2025. The contract specifies an Annual Rate Adjustment tied to the CPI, based on 80% of the West Urban CPI, size class B/C. We are once again utilizing June data. The 12-month percentage change is 2.59%; the adjustment factor is 2.07% (2.59% x .80 =2.07%) to be applied to the service component of all rates defined in the contract. The second portion of the year’s rate adjustment comes from increased disposal expenses; Disposal Fees for Solid Waste (MSW) have increased. MSW has increased from $57.46 per ton to $59.53 per ton, a 3.6% increase. The weighted average rate change due to the CPI and Tip fee increase is 2.56%. I am enclosing a copy of Exhibit C proposed rates along with a copy of the CPI sheet. We are most willing to meet with you for conversation on the topic of the rate adjustment and any other solid waste issues. Thank you for your attention in this matter, and please feel free to contact me at 509-544-7709, should you have any questions. I would also like to take the opportunity to thank you and the City Council of Pasco for allowing us to serve the Pasco City Residents. Sincerely, Francisco Alcala Senior Financial Analyst Basin Disposal, Inc. Enclosures Page 37 of 385 ~ U.S. BUREAU OF LABOR STATISTICS Databases, Tables & Calculators by Subject Change Output Options: ,,-EJ ,,EJ ti D include graphs D include annual averages More Formatting Options It Data extracted on : July 15, 2024 (11:41 :53 AM) Consumer Price Index for All Urban Consumers (CPI-U) Series Id: CUURN400SAO Not Seasonally Adjusted Series Title: All items in West-Size Class B/C, all urban consumers, not seasonally adjusted Area: West -Size Class B/C Item: All items Base Period: DECEMBER 1996=100 Download: .xlsx Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2014 141.998 142 .120 142.813 143 .077 144.253 144 .522 144.435 144.317 144 .506 144.2 14 143 .3 98 142.669 143.527 2015 142.022 143 .005 143 .887 144.426 145.346 145.198 144.917 144.752 144 .507 144.379 143.595 143.398 144.119 2016 143.932 144 .128 144.264 145 .128 145.942 145.866 145.8 50 145.829 146.130 146.328 146.004 145.918 145.443 2017 146.469 147.451 147.880 148 .496 148.789 148 .792 148.691 149.255 149 .954 150.336 150.003 149.920 148.836 2018 150.564 151.200 151.702 152 .350 153.201 153 .546 153.464 153.797 154.158 154.729 154 .625 154.228 153.130 2019 154.328 154.671 155.178 156.523 157.488 157.564 157.465 157.654 157.738 158.635 158.482 158.496 157.019 2020 158.599 159 .183 159.129 158.824 158.301 158.857 159.752 160.528 160.846 161.141 161.069 160.840 159.756 2021 161.199 162 .042 163.257 165 .088 166.813 168.425 169.267 169.477 169.977 171.226 172.214 172.722 167.642 2022 174.269 175 .890 178.019 179 .339 180.810 182.790 183.277 183.543 184.088 185.410 184.626 183.686 181.312 2023 184.717 185 .968 187.301 188 .008 188.833 189 .295 189.737 190.368 191.238 191.321 190.409 190.095 188.941 2024 191 .586 191.874 194.047 194 .913 194.709 194.203 12-Month Percent Change Series Id: CUURN400SAO Not Seasonally Adjusted Series Title: All items in West -Size Class B/C, all urban consumers, not seasonally adjusted Area : West -Size Class B/C Item: All items Base Period: DECEMBER 1996=100 Download: .xlsx Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALFl HALF2 2014 1.5 0.7 0.9 0.9 1.7 1.9 1.8 1.5 1.6 1.6 1.2 0.6 1.3 1.3 1.4 2015 0.0 0.6 0.8 0.9 0.8 0.5 0.3 0.3 0.0 0.1 0.1 0.5 0.4 0.6 0.2 2016 1.3 0.8 0.3 0.5 0.4 0.5 0.6 0.7 1.1 1.3 1.7 1.8 0.9 0.6 1.2 2017 1.8 2.3 2.5 2.3 2.0 2.0 1.9 2.3 2.6 2.7 2.7 2.7 2.3 2.1 2.5 2018 2.8 2.5 2.6 2.6 3.0 3.2 3.2 3.0 2.8 2.9 3 .1 2.9 2.9 2.8 3.0 2019 2.5 2.3 2.3 2.7 2.8 2.6 2.6 2.5 2.3 2.5 2.5 2.8 2.5 2.5 2.5 2020 2.8 2.9 2.5 1.5 0.5 0 .8 1.5 1.8 2.0 1.6 1.6 1.5 1.7 1.8 1.7 2021 1.6 1.8 2.6 3 .9 5.4 6 .0 6.0 5.6 5 .7 6.3 6.9 7.4 4.9 3 .6 6.3 2022 8.1 8.5 9.0 8.6 8.4 8 .5 8 .3 8.3 8.3 8.3 7 .2 6.3 8 .2 8 .5 7.8 2023 6.0 5.7 5.2 4.8 4.4 3.6 3.5 3.7 3.9 3.2 3 .1 3.5 4.2 4.9 3.5 2024 3.7 3.2 3.6 3.7 3.1 2.6 3.3 U.S . BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:1-202-691-5200_ Telecommunications Relay Service:7-1-1_ www..bls,.gQ'l Contact Us HALFl 143 .130 143 .981 144.877 147.980 152.094 155.959 158.816 164.471 178.520 187.354 193 .555 O SJ!ecial Notices 4/25/2024 HALF2 143.923 144 .258 146.010 149.693 154.167 158.078 160.696 170.814 184.105 190.528 Page 38 of 385 Page 39 of 385 EXHIBIT C RATE SCHEDULE EFFECTIVE DATES 01/01/2025 through 12/31/2025 Page 40 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 1 of 2 Index of Items Item 5 – Application of Rates – Taxes ........................................................................................ 1 Item 40 – Material Requiring Special Equipment, Precautions, or Disposal ................................ 1 Item 45 – Material Requiring Special Testing and/or Analysis .................................................... 1 Item 50 – Returned Check Charges ........................................................................................... 1 Item 51 – Restart Fees ............................................................................................................... 2 Item 53 – Customer Prepayments .............................................................................................. 2 Item 70 – Return Trips ............................................................................................................... 3 Item 80 – Carryout Service ........................................................................................................ 3 Item 100 – Residential Monthly Rates ........................................................................................ 4 Charges and Rates................................................................................................................. 4 Item 150 – Units, Loose, and/or Bulky Material .......................................................................... 6 Item 160 – Time Rates ............................................................................................................... 7 Applying Time Rates .............................................................................................................. 7 Recording and Charging Rates............................................................................................... 8 Additional Disposal Fees ........................................................................................................ 8 Item 200 – Application of Container and/or Drop Box Rates – General ...................................... 8 Availability .............................................................................................................................. 8 Alternate-Sized Containers and/or Drop Box Containers ........................................................ 8 Disposal Fees for Alternate-Sized Drop Box Containers ......................................................... 8 Rates for Partially Filled Containers and/or Drop Box Containers ........................................... 8 Rates for Compacted Materials .............................................................................................. 8 Rates for Loose Material ........................................................................................................ 8 Permanent and Temporary Service ........................................................................................ 9 Item 205 – Roll-Out Charges and Gate Charges – Carts and Detachable Containers ................ 9 Charges for Carts and Containers .......................................................................................... 9 Item 207 – Excess Weight – Rejection of Load, Charges to Transport ....................................... 9 Weight Limits .......................................................................................................................... 9 Transporting Overfilled or Overweight Cart, Container, or Drop Box ......................................10 Item 210 – Washing and Sanitizing Carts, Containers, and Drop Boxes ...................................10 Item 230 – Disposal Fees .........................................................................................................11 Item 240 – Container Service – Non-Compacted – Company-Owned .......................................12 Non-Compacted Company-Owned Commercial Cart ............................................................12 Page 41 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 2 of 2 Permanent Service Rates for the City of Pasco .................................................................12 Temporary Service Rates ......................................................................................................12 Accessorial Charges ..............................................................................................................12 Non-Compacted Company-Owned Commercial Container ....................................................13 Permanent Service Rates ..................................................................................................13 Special Pickup Rates .............................................................................................................14 Temporary Service Rates ......................................................................................................14 Accessorial Charges ..............................................................................................................14 Item 255 – Container Service – Compacted – Customer-Owned ..............................................15 Permanent Service Rates ......................................................................................................15 Accessorial Charges ..............................................................................................................16 Item 260 – Drop Box Service – Non-Compacted – Company-Owned .......................................16 Permanent Service Rates for City of Pasco ...........................................................................17 Temporary Service Rates ......................................................................................................17 Accessorial Charges ..............................................................................................................17 Item 270 – Drop Box Service – Compacted – Customer-Owned ...............................................18 Permanent Service Rates ......................................................................................................18 Accessorial Charges ..............................................................................................................19 Item 300 – List of Abbreviations and Symbols Used in this Exhibit ............................................19 Page 42 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 1 of 20 Item 5 – Application of Rates – Taxes Taxing Entity Tax Description Amount of Tax Application (Commodities) City of Pasco 1 Pasco Utility Tax 8.50% Applicable Customers – Revenue State of Washington 2 WA Solid Waste Tax 3.60% Applicable Customers – Revenue Notes: 1) The City of Pasco Utility Tax of 8.5% is included in the rates defined within this Exhibit C. 2) The Washington State Solid Waste Tax will be applied as a line item to the rates defined within this Exhibit C. Item 40 – Material Requiring Special Equipment, Precautions, or Disposal Transportation of solid waste requiring special equipment or precautions in handling or disposal will be subject to Time Rates named in Item 160 – Time Rates, or to other specific rates contained in this Exhibit C. Contractor will make every effort to be aware of the commodities that require special handling at the disposal sites. The Contractor shall maintain a list of those commodities and make it available for public inspection at the Contractor's office. Item 45 – Material Requiring Special Testing and/or Analysis When the Contractor or disposal facility determines testing and/or analysis of solid waste is required to determine whether dangerous or prohibited substances are present, the actual cost for such testing and/or analysis will be paid by the Customer. At the Contractor's election, they may help provide the Customer with testing and/or analysis of the dangerous or prohibited substance. If the Contractor elects to help with the testing and analysis, these costs will be passed through to the Customer. Item 50 – Returned Check Charges If a Customer pays with a check and the Customer's bank refuses to honor that check, the Customer will be assessed a returned check charge in the amount of $43.59. Page 43 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 2 of 20 Item 51 – Restart Fees A restart fee will be assessed on all Customers whose service is discontinued for non-payment and who subsequently reinstate service. Type of Container Redelivery Component Restart Fee Component Total Restart Fee Cart: A restart fee will be assessed to Cart Customers whose service is suspended with Cart removed for non-payment 1 $13.71 $54.04 $67.75 Container: A restart fee will be assessed to Container Customers whose service is suspended with the Container removed for non-payment 1 $27.21 $54.04 $81.25 Drop Box Container: A restart fee will be assessed to Drop Box Container Customers whose service is suspended with the Drop Box Container removed for non-payment 1 $68.51 $54.04 $122.55 Drop Box Compactor: A restart fee will be assessed to Drop Box Compactor Customers whose service is suspended for non-payment 2 N/A $54.04 $54.04 Notes: 1) Restart fee includes cost of delivery. 2) Restart fee excludes the cost of delivery for both Drop Box Compactor Containers and small Container Compactors. Item 53 – Customer Prepayments A prepayment of $35.00 will be assessed to all first time (new) Residential Customers. The prepayment will be applied to the Customer's account in the event of non-payment, after one year of service, or be returned to the Customer upon termination of the residential service. See Item 100 – Residential Monthly Rates. A prepayment equal to the first month's cost of service will be assessed to all first time (new) Commercial Customers. The prepayment will be applied to the Customer's account in the event of non-payment, after one year of service, or be returned to the Customer upon termination of the commercial service. See Item 240 – Container Service – Non-Compacted – Company- Owned and Item 255 – Container Service – Compacted – Customer-Owned. A prepayment of $250.00 will be assessed to first time (new) Drop Box Customers. The prepayment will be applied to the Customer's account in the event of non-payment, after one Page 44 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 3 of 20 year of service, or be returned to the Customer upon termination of the Drop Box service. See Item 260 – Drop Box Service – Non-Compacted – Company-Owned and Item 270 – Drop Box Service – Compacted – Customer-Owned. A prepayment will be assessed for each temporary service at the time the Customer signs up for the temporary service. The prepayment will be applied to the Customer's account upon termination of the temporary service. See Item 240 – Container Service – Non-Compacted – Company-Owned and Item 260 – Drop Box Service – Non-Compacted – Company-Owned. Item 70 – Return Trips When the Contractor is required to make a return trip that does not require the special dispatch of a truck, to pick up material that was unavailable for collection for reasons under the control of the Customer, or if the Customer requests to have a Cart, Container, or Drop Box Container moved or relocated, the following additional charges, per pickup, will apply: Type of Container Rate Residential/Commercial Cart (64-Gallon and 96-Gallon) 1 $13.71 Detachable Container 1 $27.21 Drop Box Container 1 $68.51 Note: 1) Return trips requiring special dispatch of a truck are considered special pickups. See Item 100 – Residential Monthly Rates, Item 240 – Container Service – Non-Compacted – Company-Owned, Item 255 – Container Service – Compacted – Customer-Owned, Item 260 – Drop Box Service – Non-Compacted – Company-Owned, and Item 270 – Drop Box Service – Compacted – Customer-Owned. Item 80 – Carryout Service The following additional charges will apply when Customers request that Contractor personnel provide carryout service for Carts and/or Units not placed at the curb, the alley, or other point where the Contractor's vehicle can be driven to within five feet of the Carts and/or Units using improved access roads commonly available for public use. Driveways are not considered improved access roads commonly available for public use. Charge for Carryout Service 1 Rate Residential/Commercial Per Unit, Per Pick Up Carts/Units that must be carried out over 5 feet but not over 25 feet $4.04 Page 45 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 4 of 20 Charge for Carryout Service 1 Rate Residential/Commercial Per Unit, Per Pick Up For each additional 25 feet, or fraction of 25 feet, add $4.04 Note: 1) Carryout service is provided to disabled Residential Customers free of charge. Item 100 – Residential Monthly Rates Number of Units or Type of Residential Carts Frequency of Service Garbage Service Rate Recycle Service Rate Green Waste Service Rate (1) 64-Gallon Residential Cart (Senior/Low Income) Only WG $12.53 N/A N/A (1) 96-Gallon Residential Cart 1 WG $25.10 N/A N/A (1) Multi Family/Duplex 96-Gallon Residential Cart 1 WG $25.10 N/A N/A Each Additional 96-Gallon Residential Cart 1 WG $2.58 N/A N/A Frequency of Service Codes: WG=Weekly Garbage; N/A=Service is not currently available. Note: 1) Contractor's collection of solid waste placed outside of the 96-Gallon Residential Cart shall be at no additional cost unless the materials could reasonably have been placed in the Residential Cart. Each unit of solid waste not provided in this manner for collection shall be subject to the solid waste unit rates set forth in Item 150 – Units, Loose, and/or Bulky Material. Charges and Rates Type of Charge Rate Prepayment 1 $35.00 Restart Charge 2 $54.04 Special Pickup 64-Gallon 4 (Senior/Low Income) $16.60 Special Pickup 96-Gallon 4 $19.51 Return Trip Charge 5 $13.71 Page 46 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 5 of 20 Type of Charge Rate Returned Check Charge 6 $43.59 Carryout Service 7 (per Cart, per pick up, up to 25 feet) $4.04 Replacement Cart Charge 8 $103.71 Freon Discharge Fee (appliances containing freon) 9 $80.54 Passenger Tire Charge 10 Item 150 Passenger Tire with Rim Charge 10 Item 150 Notes: 1) A prepayment charge of $35.00 will be assessed to a first time (new) Residential Customer. The prepayment will be applied to the Customer's account in the event of non-payment, after one year of service, or be returned to the Customer upon termination of the residential service. See Item 53 – Customer Prepayments. 2) A restart charge of Error! Reference source not found. will be assessed on all Residential Customers whose service is discontinued for non-payment and who subsequently reinstate services. See Item 51 – Restart Fees. 3) Contractor's collection of Solid Waste placed outside of the 96-gallon Residential Cart shall be at no additional cost unless the materials could reasonably have been placed in the Residential Cart. Each Unit of Solid Waste not provided in this manner for collection shall be subject to the Solid Waste Unit rates set forth on Item 150 – Units, Loose, and/or Bulky Material. 4) A special pickup is the total of each additional pickup rate plus Item 70 – Return Trips. Additional pickup is calculated by taking weekly service and dividing by 4.33. 5) If the Customer requests the Contractor to make a return trip due to no fault of Contractor, Contractor shall be permitted to charge the Customer a return trip charge. See Item 70 – Return Trips. 6) If a Customer pays with a check and the Customer’s bank refuses to honor that check, the Customer will be assessed a returned check charge. See Item 50 – Returned Check Charges. 7) Additional charges will apply when Customers request that Contractor provide carryout services. See Item 80 – Carryout Service. 8) If a particular Customer repeatedly damages a Residential Cart or requests more than one replacement Residential Cart during the term of the Contract due solely to that Customer’s negligence or intentional misuse, the Contractor may charge the Customer a replacement cart charge. If Customer does not return the Residential Cart upon Page 47 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 6 of 20 termination, or service is shut off for non-payment and they refuse to surrender the Residential Cart, a replacement cart charge will be charged. 9) If a Customer requests Contractor to pick up any appliance that contains freon, the Customer will be charged a freon discharge fee. See Item 150 – Units, Loose, and/or Bulky Material. 10) A Residential Customer is entitled to have four passenger tires collected and disposed of from the Residential Customer’s private automobile only. In the event Contractor believes that a Residential Customer is attempting to dispose of quantities of passenger tires more than what a typical Residential Customer would generate, Contractor shall require Customer to pay rates provisioned in Item 150 – Units, Loose, and/or Bulky Material. Residential service does not include the collection and disposal of truck, semi or tractor tires. Item 150 – Units, Loose, and/or Bulky Material Description Rate Minimum Charge Per Pickup Residential Commercial Rate Per Residential Commercial Solid Waste Unit 1, 2 $2.03 $5.16 unit $2.03 $5.16 Bulky Materials 1, 3 $9.41 $19.26 cubic yard $9.41 $19.26 Appliances without freon, furniture Items 4 $0.00 $19.22 item $0.00 $19.22 Freon Discharge Fee 4 $80.54 $105.05 item $80.54 $105.05 Passenger Tires 5 $5.08 $6.63 item $5.08 $6.63 Passenger Tires with Rims 5 $8.89 $11.60 item $8.89 $11.60 Truck Tires $6.35 $8.28 item $6.35 $8.28 Truck Tires with Rims $10.16 $13.25 item $10.16 $13.25 Semi Tires $15.24 $19.88 item $15.24 $19.88 Semi Tires with Rims $19.05 $24.85 item $19.05 $24.85 Page 48 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 7 of 20 Notes: 1) Solid waste units and bulky materials charges for Residential Customers only apply when items are not properly contained for collection as defined in the relevant section of the Agreement. See Notes 2 and 3 for definition of sizes and containment of solid waste units and bulky material. 2) A solid waste unit is defined in the Comprehensive Solid Waste Agreement, but generally means any individual receptacle, can, plastic bag, cart, box, carton, or other container that does not hold more than 32 gallons, or 4 cubic feet of solid waste, and which does not weight more than 65 pounds when filled. 3) Bulky material means bags, boxes, bundles; or empty carriers, cartons, crates, or materials offered for disposal all of which may be readily handled without shoveling (not loose, uncontained materials). Individual items shall not exceed two feet by two feet by five feet (2' x 2' x 5') in dimension, and not weigh more than 65 pounds. 4) Residential Customers may dispose of refrigerators, freezers, or other appliances containing freon with a fee sufficient to cover the Contractor’s cost of properly abating the freon components pursuant to applicable law, or such appliances without a fee if they do not contain freon and the Residential Customer submits to the Contractor proper certification of professional evacuation of such freon components. 5) In the event Contractor believes that a Residential Customer is attempting to dispose of quantities of passenger tires more than what a typical Residential Customer would generate, Contractor shall require Customer to pay rates provisioned in Item 150 – Units, Loose, and/or Bulky Material. Item 160 – Time Rates Type of Equipment ordered Rate Per Hour Truck and Driver Each Extra Person Minimum Charge Single rear drive axle $77.42 $59.16 $59.16 Tandem rear drive axle $118.31 $59.16 $59.16 Applying Time Rates Time Rates named in this item apply in the following situations: a) Material must be taken to a special site for disposal. b) Contractor's equipment must wait at, or return to, a Customer's site to provide scheduled service due to no disability, fault, or negligence on the part of the Contractor. Actual waiting time or time taken in returning to the site will be charged for. c) Customer orders a single, special, or emergency pickup, or when other items in this Exhibit C refer to Item 160 – Time Rates. Page 49 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 8 of 20 Recording and Charging Rates Time must be recorded and charged to the nearest increment of 15 minutes. Time rates apply for the period from the time the Contractor's vehicle leaves the terminal, until it returns to the terminal, or when it leaves its pre-scheduled route and drives towards the Customer's site, excluding interruptions. An interruption is a situation causing stoppage of service that is in the control of the company and not in the control of the Customer. Examples include work breaks, breakdown of equipment, and similar occurrences. Additional Disposal Fees Disposal site or facility use may apply additional fees as described in Item 230 – Disposal Fees in addition to time rates. Item 200 – Application of Container and/or Drop Box Rates – General Availability Contractor must maintain a supply of all sizes of Containers and Drop Box Containers for which rates are listed in this Exhibit C. If a Customer requests a Container or Drop Box Container of a size listed in the Contractor's Exhibit C, and the Contractor is unable to provide the requested size within 7 days of the Customer request, the Customer must be notified in writing or by telephone. Alternate-Sized Containers and/or Drop Box Containers If the Contractor cannot provide the requested size Container or Drop Box Container (and that size is listed in this Exhibit C), the Contractor must provide alternate-sized Containers or Drop Box Containers, sufficient to meet the capacity originally requested by the Customer, at the same rates as would have applied for the requested Container or Drop Box Container. Disposal Fees for Alternate-Sized Drop Box Containers If the Contractor provides alternate-sized Drop Box Containers, the Customer is responsible for all applicable disposal fees resulting from the use of the alternate Drop Box Containers. Rates for Partially Filled Containers and/or Drop Box Containers Full pickup and rental rates apply regardless of the amount of waste material in the Container or Drop Box Container at pick up time. Rates for Compacted Materials Rates for compacted material apply only when the material has been compacted before it is picked up by the Contractor. Rates for Loose Material Loose material dumped into the Contractor's packer truck is subject to the rates for non-compacted material even though the material may be compacted later in the packer truck. Page 50 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 9 of 20 Permanent and Temporary Service The following rules apply: a) If a Customer requests a Container or Drop Box Container for less than 90 days, the Customer will be billed at temporary service rates. b) If a temporary service Customer notifies the Contractor that it has decided to retain the Container or Drop Box Container for more than 90 days, permanent service rates will be assessed from the 91st day until the end of the period the Customer retains the Container or Drop Box Container. c) If a Customer requests a Container or Drop Box Container for more than 90 days, the Customer will be billed under permanent rates. If that Customer cancels service before the end of the 90-day period, the Contractor may not rebill the Customer at temporary service rates. The intent of the Customer at the time service was requested applies. Item 205 – Roll-Out Charges and Gate Charges – Carts and Detachable Containers Charges for Carts and Containers The Contractor will assess roll-out charges where, due to circumstances outside of the control of the Contractor, the Contractor is required to move the Cart or Container more than ten (10) feet, but less than twenty (20) feet, to reach the truck. The Contractor will assess a gate charge where the driver is required to unlock a container or locking bar, open and/or unlock an enclosure, or open a gate to access a Cart or Container. Charge Type Rate Unit Roll-Out Cart $4.04 per Cart, per pickup Roll-Out Container $4.04 per Container, per pickup Gate Charge $4.04 per pickup Item 207 – Excess Weight – Rejection of Load, Charges to Transport Weight Limits The Contractor reserves the right to reject pick up of any Container, Stationary Packer, or Drop Box Container which, upon reasonable inspection: 1) Appears to be overloaded. 2) Would cause applicable vehicle load limitations to be exceeded. 3) Would cause the company to violate load limitations or result in unsafe vehicle operation. Page 51 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 10 of 20 4) Would negatively impact or otherwise damage road surface integrity. 5) Contains anything that appears not to be Municipal Solid Waste (MSW) or could do damage to the vehicle. For the purposes of this Exhibit C, the following maximum weights apply: Type/Size of Container, Drop Box, or Cart Maximum Weight Allowance per Receptacle (in pounds) Carts – 64-Gallon 120 pounds Carts – 96-Gallon 180 pounds Detachable Containers – 1.5 to 8 cu yds 1,200 pounds Drop Boxes – All Sizes 20,000 pounds Transporting Overfilled or Overweight Cart, Container, or Drop Box If the Cart, Container, or Drop Box Container exceeds the limits stated above, is filled beyond the marked fill line, or the top is unable to be closed, but the Contractor transports the materials, the following additional charges will apply. Type/Size of Container, Drop Box, or Cart Charge Unit Carts – All Sizes $6.49 per pickup Detachable Non-Compact Containers – 1.5 to 8 cu yds $19.26 per yard Detachable Compact Containers – 1.5 to 8 cu yds $38.51 per yard Drop Box Containers – All Sizes 1 $27.76 per ton Note: 1) If a Drop Box Container is hauled and the weight exceeds the legal limit identified in Item 207 – Excess Weight – Rejection of Load, Charges to Transport, the Contractor will assess an additional charge per ton for any weight over the limit. See Item 230 – Disposal Fees. Item 210 – Washing and Sanitizing Carts, Containers, and Drop Boxes Upon Customer request, the Contractor will provide washing and sanitizing service at the following rates: Page 52 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 11 of 20 Size or Type of Container or Drop Box Delivery Fee Component Steam Clean Component Total Steam Clean Charge Steam Cleaning – Residential Cart 2 Item 100 Item 100 Item 100 Steam Cleaning – Detachable Container 1 $27.21 $23.24 $50.45 Steam Cleaning – Drop Box 1 $68.51 $56.65 $125.16 Note: 1) At Customer request, Contractor shall clean Detachable Containers and Drop Box Containers at no additional cost, not more often than once per year. If Customer requests to have Detachable Container or Drop Box Container cleaned more often than once per year, Item 210 – Washing and Sanitizing Carts, Containers, and Drop Boxes rates will apply. The rate for washing and sanitizing Detachable Containers and Drop Box Containers includes the fee for delivering the newly cleaned Detachable Container or Drop Box Container back to the Customer's location. 2) See Item 100 – Residential Monthly Rates. Item 230 – Disposal Fees Charges herein apply when other items in this Exhibit C specifically refer to this Item 230 – Disposal Fees. Type of Material Disposal Fee Municipal Solid Waste 1, 2 $65.06 Green Waste 3 N/A Commingled Recycle 3 N/A Notes: 1) The disposal fee includes the Pasco Utility Tax of 8.5% 2) Disposal fees for MSW apply to Item 207 – Excess Weight – Rejection of Load, Charges to Transport, Item 260 – Drop Box Service – Non-Compacted – Company-Owned , Item 270 – Drop Box Service – Compacted – Customer-Owned, and possibly Item 150 – Units, Loose, and/or Bulky Material, if the material can reasonably be weighed. 3) Disposal fees for Green Waste and Commingled Recycle materials are only applicable if specifically authorized by the Agreement. During the effective dates of this Exhibit C, disposal fees for green waste and commingled recycle are not authorized by the Agreement. Page 53 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 12 of 20 Item 240 – Container Service – Non-Compacted – Company-Owned Non-Compacted Company-Owned Commercial Cart Permanent Service Rates for the City of Pasco Permanent Service 1, 2, 3 64-Gallon Cart 96-Gallon Cart 32-Gallon Can 12 Pickup - one time per week $29.52 $54.63 $27.54 Pickup - two times per week $59.04 $109.26 $55.08 Pickup - three times per week N/A N/A $82.62 Special Pickups 4 $20.53 $26.33 $20.07 Additional Pickup 4 $6.82 $12.62 $6.36 Return Trip Charge 5 $13.71 $13.71 $13.71 Restart Charge 6 $122.55 $54.04 N/A Prepayment 3 $250.00 $250.00 N/A Temporary Service Rates Temporary Service 64-Gallon Cart 96-Gallon Cart 300-Gallon Container Delivery $13.71 $13.71 $27.21 Per Pick Up Rate $9.49 $17.65 $62.11 Rent Per Calendar Day $0.64 $0.64 $1.92 Prepayment 8 $125.00 $125.00 $125.00 Accessorial Charges Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc. a) A gate charge will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gate to access a Cart or Container. See Item 205 – Roll-Out Charges and Gate Charges – Carts and Detachable Containers. b) Additional charges will apply when a Customer requests that Contractor provide Carryout Service. See Item 80 – Carryout Service. Notes: 1) Rates are stated per Commercial Cart, per month. Page 54 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 13 of 20 2) Permanent service is defined as no less than scheduled, every week pickup. Customer will be charged for service requested, even if fewer Containers are serviced on a particular trip. No credit will be given for partially filled Containers. 3) Permanent Service: A prepayment will be assessed to all first time (new) Commercial Customers. The prepayment will be applied to the Customer's account in the event of non-payment, after one year of service, or be returned to the Customer upon termination of the commercial service. 4) A Special Pickup requires the special dispatch of a truck and is the total of each Additional Pickup rate plus a Return Trip charge. See Item 70 – Return Trips. Additional pickup is calculated by taking weekly service rate and dividing by 4.33. 5) If the Customer requests the Contractor to make a Return Trip due to no fault of Contractor, the Return Trip charge shall apply. See Item 70 – Return Trips. 6) Restart subject to Item 51 – Restart Fees. 7) Additional charges will apply when a Customer requests that Contractor provide carry-out services. See Item 80 – Carryout Service. 8) A prepayment will be assessed to all Customers requesting temporary service carts. 9) Temporary service shall apply for all service requests that do not exceed ninety (90) consecutive days in any calendar year. If the Customer requires a Cart for a longer period, the Contractor may require the Customer to select the appropriate commercial service plan. 10) The prepayment will be applied to the Customer's account upon termination of the temporary service as a credit against amounts owed to the Contractor. 11) If a Customer requests Contractor to pick up any appliance that contains freon, the Customer will be charged a freon discharge fee. See Item 150 – Units, Loose, and/or Bulky Material. 12) Only the city of Pasco may request the 32-Gallon Can service. Non-Compacted Company-Owned Commercial Container Non-compacted material rates are stated per Commercial Container per month within the city of Pasco. Permanent Service Rates Permanent Service 1 ,2 Size or Type of Container 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Pickup - One Time per Week $149.67 $176.87 $204.08 $251.70 $319.74 $408.19 Pickup - Two Times per Week $288.45 $340.15 $394.56 $496.62 $632.66 $795.95 Page 55 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 14 of 20 Permanent Service 1 ,2 Size or Type of Container 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Pickup - Three Times per Week $435.40 $510.23 $591.86 $734.74 $938.83 $1,197.33 Pickup – Four Times per Week $578.28 $673.50 $775.54 $959.24 $1,238.15 $1,564.70 Pickup – Five Times per Week $707.53 $829.97 $959.24 $1,183.72 $1,551.09 $1,938.85 Special Pickup Rates Service Size or Type of Container 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Special Pickups 4 $61.78 $68.06 $74.34 $85.34 $101.05 $121.48 Return Trip Charge $27.21 $27.21 $27.21 $27.21 $27.21 $27.21 Additional Pickup $34.57 $40.85 $47.13 $58.13 $73.84 $94.27 Restart Charge 5 $54.04 $54.04 $54.04 $54.04 $54.04 $54.04 Temporary Service Rates Temporary Service Size or Type of Container 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Delivery N/A N/A $27.21 $27.21 $27.21 $27.21 Pickup Rate N/A N/A $75.17 $88.77 $109.19 $136.41 Rent Per Calendar Day N/A N/A $7.19 $7.19 $7.19 $7.19 Prepayment 3 N/A N/A $125.00 $125.00 $125.00 $125.00 Accessorial Charges Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc. a) A gate charge will be assessed on each pick-up where the driver is required to unlock a container, locking bar, enclosure or open a gate to access a Cart or Container. See Item 205 – Roll-Out Charges and Gate Charges – Carts and Detachable Containers. b) A return trip charge will be assessed when the Contractor is required to make a return trip that does not require the special dispatch of a truck, to pick up a Cart, Container, or Page 56 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 15 of 20 solid waste material or unit(s) that was unavailable for collection for reasons under the control of the Customer. See Item 70 – Return Trips. c) If Customer requires a Locking Container, a one-time fee of $118.31 will be assessed. Notes: 1) Permanent service is defined as no less than scheduled, every week pickup. Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially filled containers. 2) A prepayment is equal to the first month's cost of service and will be assessed to all first time (new) Commercial Customers. The prepayment will be applied to the Customer's account in the event of non-payment, after one year of service, or be returned to the Customer upon termination of the Commercial Service. See Item 240 – Container Service – Non-Compacted – Company-Owned and Item 255 – Container Service – Compacted – Customer-Owned. 3) A prepayment will be assessed to all Commercial Customers requesting temporary service Containers. The Prepayment will be applied to the Commercial Customer's account upon termination of the temporary service as a credit against amounts owed to the Contractor. 4) The special pickup rate is the total of each additional pickup rate plus return trip fee. See Item 70 – Return Trips 5) Restart subject to Item 51 – Restart Fees. 6) If a Customer requests Contractor to pick up any appliance that contains freon, the Customer will be charged a freon discharge fee. See Item 150 – Units, Loose, and/or Bulky Material. Item 255 – Container Service – Compacted – Customer-Owned Compacted Material Rates are stated per Detachable Container, per month within the City of Pasco. Permanent Service Rates Permanent Service 1 Size or Type of Container 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Pickup – One Time per Week $231.77 $279.41 $340.62 $442.69 $641.22(N) Pickup – Two Times per Week $463.54 $558.82 $681.24 $885.38 $1,282.44(N) Special Pickups 2 $80.74 $91.74 $105.88 $129.45 $175.30(N) Page 57 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 16 of 20 Permanent Service 1 Size or Type of Container 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Additional Pickup $53.53 $64.53 $78.67 $102.24 $148.09(N) Return Trip Charge $27.21 $27.21 $27.21 $27.21 $27.21(N) Restart Charge 3 $54.04 $54.04 $54.04 $54.04 $54.04(N) Accessorial Charges Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc. a) A gate charge will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gate to access a Cart or Container. See Item 205 – Roll-Out Charges and Gate Charges – Carts and Detachable Containers. b) A return trip charge will be assessed when the company driver is required to make a return trip that does not require the special dispatch of a truck, to pick up a Cart or material that was unavailable for collection for reasons under the control of the Customer. See Item 70 – Return Trips. c) A disconnect/reconnect fee of $4.03 per pickup will be assessed when Containers are attached to a compactor that requires disconnecting or reconnecting. Notes: 1) Permanent service is defined as no less than scheduled, every week pickup. Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially filled containers. 2) Special pickup is the total of each additional pickup rate plus Item 70 – Return Trips. 3) Service restart subject restart fees. See Item 51 – Restart Fees. 4) If a Customer requests Contractor to pick up any appliance that contains freon, the Customer will be charged a freon discharge fee. See Item 150 – Units, Loose, and/or Bulky Material. Item 260 – Drop Box Service – Non-Compacted – Company-Owned Non-Compacted Material Rates are stated per Drop Box, per pick-up. 1 Page 58 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 17 of 20 Permanent Service Rates for City of Pasco Permanent Service 2 Size or Type of Container 11 and 15 Yard 20 Yard 30 Yard 40 Yard 50 Yard Delivery Charge $68.51 $68.51 $68.51 $68.51 $68.51 Haul Charge $174.36 $180.59 $186.81 $199.28 $211.72 Trip Charge $68.51 $68.51 $68.51 $68.51 $68.51 Restart fee 5 $54.04 $54.04 $54.04 $54.04 $54.04 Prepayment 7 $250.00 $250.00 $250.00 $250.00 $250.00 Minimum Monthly Charge 3 $174.36 $180.59 $186.81 $199.28 $211.72 Mileage Charge 6 $4.03/mile Temporary Service Rates Temporary Service 4 Size or Type of Container 11 and 15 Yard 20 Yard 30 Yard 40 Yard 50 Yard Delivery Charge $68.51 $68.51 $68.51 $68.51 $68.51 Haul Charge $174.67 $180.88 $187.10 $199.57 $212.02 Trip Charge $68.51 $68.51 $68.51 $68.51 $68.51 Daily Rental Charge $9.34 $9.34 $9.34 $9.34 $9.34 Prepayment 7 $250.00 $250.00 $250.00 $250.00 $250.00 Mileage Charge 6 $4.03/mile Accessorial Charges Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc. a) A gate charge will be assessed on each pick up where the driver is required to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container. See Item 205 – Roll-Out Charges and Gate Charges – Carts and Detachable Containers. b) A trip charge will be assessed when the company driver makes a trip to the Customer's location, but due to reasons under the control of the Customer, was not able to complete the haul. See Item 70 – Return Trips. Page 59 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 18 of 20 Notes: 1) Rates in this item are subject to disposal fees named in Item 150 – Units, Loose, and/or Bulky Material, Item 207 – Excess Weight – Rejection of Load, Charges to Transport, and Item 230 – Disposal Fees. 2) Permanent service means Drop Box service provided at Customer's request for more than 90 days. 3) For permanent service accounts, if a Drop Box is retained by a Customer for a full month and no pickups are ordered, a minimum monthly rent charge will be assessed. 4) Temporary service means providing Drop Box service at the Customer's request, for a period of 90 days or less. 5) Restart subject to Item 51 – Restart Fees. 6) Rates named in this item apply for all hauls within the city limits of Pasco, to the disposal site. Any miles driven outside the city limits of Pasco will be charged at $4.03 per mile. Mileage charge is in addition to all regular charges. 7) A prepayment will be assessed on permanent and temporary service accounts as noted above. The prepayment will be applied to the Customer's account in the event of non- payment or be returned to the Customer upon termination of service. For permanent Drop Boxes, the prepayment will be applied to Customer account upon termination or after one year. 8) If a Customer requests Contractor to pick up any appliance that contains freon, the Customer will be charged a freon discharge fee. See Item 150 – Units, Loose, and/or Bulky Material. Item 270 – Drop Box Service – Compacted – Customer-Owned Compacted material rates are stated per Drop Box, per pickup for the city of Pasco service area. Permanent Service Rates Permanent Service Size or Type of Container 11 and 15 Yard 20 and 25 Yard 30 and 35 Yard 40 Yard Delivery Charge N/A N/A N/A N/A Haul Charge $214.96 $214.96 $214.96 $214.96 Trip Charge $68.51 $68.51 $68.51 $68.51 Prepayment 3 $250.00 $250.00 $250.00 $250.00 Restart Charge 2 $54.04 $54.04 $54.04 $54.04 Page 60 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 19 of 20 Permanent Service Size or Type of Container 11 and 15 Yard 20 and 25 Yard 30 and 35 Yard 40 Yard Mileage Charge $4.03/mile Accessorial Charges Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc. a) A gate charge will be assessed on each pick up where the driver is required to unlock a container, locking bar, enclosure or open a gate to access a Cart or Container. See Item 205 – Roll-Out Charges and Gate Charges – Carts and Detachable Containers. b) A Compactor disconnect/reconnect charge of $4.03 per haul will be assessed when Drop Boxes with compactors require connecting or disconnecting. c) A trip charge will be assessed when the company driver makes a trip to the Customer's location, but due to reasons under the control of the Customer, was not able to complete the haul. See Item 70 – Return Trips. d) A turn around charge of $37.34 per haul will be assessed when company driver must turn the Drop Box around to empty and/or re-connect the Drop Box. e) Rates named in this item apply for all hauls within the city limits of Pasco, to the disposal site. Any miles driven outside the city limits of Pasco will be charged $3.95 per mile. Mileage charge is in addition to all regular charges. Notes: 1) Rates in this item are subject to disposal fees named in Item 230 – Disposal Fees. 2) Restart subject to Item 51 – Restart Fees. 3) A prepayment will be assessed on all (new) Drop Box Compactor service accounts as noted above. The prepayment will be applied to the Customer's account in the event of non-payment or be returned to the Customer after one year. 4) If a Customer requests Contractor to pick up any appliance that contains freon, the Customer will be charged a freon discharge fee. See Item 150 – Units, Loose, and/or Bulky Material. Item 300 – List of Abbreviations and Symbols Used in this Exhibit (C) Denotes changes in wording (N) Denotes new rates, services, or rules (N/A) Denotes not available Page 61 of 385 Exhibit C, Effective 01-01-2025 through 12-31-2025 Page 20 of 20 ***denotes that material previously shown has been deleted Yd. Or yd. Are abbreviations for yard Cu. Or cu. Are abbreviations for cubic Page 62 of 385 COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT City of Pasco and Basin Disposal, Inc. November 16, 2015 Page 63 of 385 Table of Contents 1. RECITALS, AGREEMENT, DEFINITIONS.................................................................... 1 2. AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT .............. 1 3. TERM; AUTOMATIC EXTENSIONS.............................................................................. 1 3.1. Term...................................................................................................................1 3.2. Automatic Extensions........................................................................................2 4. SCOPE OF WORK............................................................................................................. 2 4.1. General Terms and Conditions..........................................................................2 4.2. City Service Area...............................................................................................2 4.3. Sole and Exclusive Solid Waste Service Provider.............................................2 4.4. Annexation.........................................................................................................3 4.5. Unsafe Conditions at Pick -Up Locations...........................................................4 4.6. Hours/Days of Operation...................................................................................4 4.7. Employee Conduct.............................................................................................4 4.8. Disabled Persons Service...................................................................................5 4.9. Holiday Schedules.............................................................................................5 4.10. Inclement Weather and Other Service Disruptions...........................................5 4.11. Suspending Collection from Problem Customers..............................................5 4.12. Missed Collections.............................................................................................6 4.13. Schedule of Solid Waste Collection..................................................................6 4.14. Required Equipment and Signs on Vehicles; Maintenance of Vehicles and Equipment.......................................................................................................... 6 4.15. Residential Carts and Containers Inventory......................................................7 4.16. Ownership of Equipment...................................................................................7 4.17. Spillage..............................................................................................................7 4.18. Disruption Due to Construction.........................................................................7 4.19. Site Planning Assistance....................................................................................8 4.20. Safeguarding Public and Private Property.........................................................8 4.21. Company Name.................................................................................................8 4.22. Coordination between City and Contractor.......................................................8 4.23. Disposal Restrictions and Requirements...........................................................9 4.24. Disposal Site for Solid Waste............................................................................9 4.25. Adjustment of Service Level for Certain Customers.........................................9 Comprehensive Solid Waste Collection Agreement Page ii Page 64 of 385 4.26. Violation of Ordinance......................................................................................9 4.27. Public Information.............................................................................................9 4.28. Compaction of Solid Waste.............................................................................10 5. SOLID WASTE SERVICE.............................................................................................. 10 5.1. Residential Service...........................................................................................10 5.1.1. Residential Customer Solid Waste Service......................................................10 5.1.2. Residential Carts..............................................................................................10 5.1.3. Senior, Low Income Discount.........................................................................11 5.1.4. Household Hazardous Waste Program............................................................13 5.2. Commercial Service.........................................................................................13 5.2.1. Commercial Customer Solid Waste Service....................................................13 5.2.2. Commercial Containers...................................................................................14 5.2.2.1 Container Types...............................................................................................14 5.2.2.2. General Terms and Conditions Applicable to Commercial Containers ........... 14 5.2.2.3. Additional Fees................................................................................................15 5.2.2.4. Customer -Owned Drop -Box Containers..........................................................15 5.3. Temporary Solid Waste Service Plans.............................................................16 5.4. Solid Waste Service to City Properties and Facilities.....................................16 5.5. Recyclable Materials and Green Waste...........................................................17 5.6. Miscellaneous Solid Waste Services...............................................................17 5.7. Customer Service.............................................................................................18 5.7.1. Customer Service Office..................................................................................18 5.7.2. Complaints.......................................................................................................18 5.7.3. Emergency Contact..........................................................................................19 5.8. Reports.............................................................................................................19 6. COMPENSATION........................................................................................................... 19 6.1. Basis for Determination of Solid Waste Service Rates...................................19 6.2. Compensation for Solid Waste Services..........................................................19 6.3. Adjustment to Solid Waste Service Rates.......................................................20 6.3.1. Annual Rate Adjustment..................................................................................20 6.3.2. Adjustments to Tipping Fees and Disposal Fees.............................................20 6.3.3. Fuel Expense Adjustments...............................................................................21 6.3.4. Annual Rate Adjustment Cap..........................................................................21 6.3.5. Solid Waste Disposal Cost Adjustment...........................................................22 Comprehensive Solid Waste Collection Agreement Page iii Page 65 of 385 7. 10. 6.3.6. Tax Additive....................................................................................................22 6.3.7. Other Modifications.........................................................................................22 6.3.8. Changes in Impositions or Other Laws............................................................23 6.3.9. Termination by Contractor...............................................................................23 6.4. Billing for Solid Waste Services; Delinquent Accounts..................................23 6.5. Delinquent Accounts and other Customer Defaults.........................................24 PERFORMANCE FEES, DEFAULT AND REMEDIES ................................................ 24 7.1. Performance Fees.............................................................................................24 7.2. Default and Remedies......................................................................................25 NOTICES.......................................................................................................................... 25 INSURANCE AND BOND REQUIREMENTS.............................................................. 26 9.1. General Insurance Requirement.......................................................................26 9.2. Minimum Scope of Insurance..........................................................................26 9.3. Minimum Amounts of Insurance.....................................................................26 9.4. Deductibles and Self -Insured Retentions.........................................................27 9.5. Other Insurance Provisions..............................................................................27 9.6. Acceptability of Insurers..................................................................................27 9.7. Verification of Coverage..................................................................................27 9.8. Subcontractors..................................................................................................27 9.9. Performance Bond/Surety ................................................................................27 GENERALTERMS.......................................................................................................... 28 10.1. Indemnification................................................................................................28 10.1.1. Indemnify and Hold Harmless.........................................................................28 10.1.2. Notice to Contractor; Defense.........................................................................28 10.1.3. Industrial Insurance Immunity Waiver............................................................29 10.2. Transfer of the Contract...................................................................................29 10.2.1. Assignments, Subcontracts and Delegations...................................................29 10.2.2. Changes in Control..........................................................................................29 10.3. Legal................................................................................................................30 10.3.1 Laws to Govern/Venue....................................................................................30 10.3.2 Attorney Fees...................................................................................................30 10.3.3 Arbitration........................................................................................................30 10.4. Compliance With Laws....................................................................................30 10.5. Non-Discrimination.........................................................................................30 Comprehensive Solid Waste Collection Agreement Page iv Page 66 of 385 10.6. Permits and Licenses........................................................................................31 10.7. Relationship of Parties.....................................................................................31 10.8. Bankruptcy .......................................................................................................31 10.9. Right to Renegotiate or Amend.......................................................................31 10.10. Force Majeure..................................................................................................32 10.10.1 Force Majeure Events......................................................................................31 10.10.2 Force Majeure Occurrences of Non-Default....................................................32 10.11. Illegal Provisions/Severability.........................................................................32 10.12. Waiver..............................................................................................................32 10.13. Entirety.............................................................................................................33 Comprehensive Solid Waste Collection Agreement Page v Page 67 of 385 SOLID WASTE COLLECTION AGREEMENT This Comprehensive Solid Waste Collection Agreement ("Agreement") is made and entered into this 16 day of November, 2015 ("Effective Date"), by and between the City of Pasco, a Washington municipal corporation (the "City"), and Basin Disposal, Inc., a Washington corporation ("Contractor"). RECITALS A. Contractor desires to provide, and has the experience, resources and expertise necessary, to perform solid waste collection services. B. Contractor currently provides solid waste collection service to the City under an agreement executed on March 15, 1993 (as amended, the "Original Agreement"), which will expire not sooner than December 31, 2022. C. The City and Contractor desire to amend and replace the Original Agreement in its entirety to recognize, among other things, the extensive, on-going capital investment made by Contractor to achieve and pass on to customers the cost savings from the efficiencies gained thereby. NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises herein contained, the City and Contractor do hereby agree as follows: AGREEMENT 1. DEFINITIONS Capitalized terms used in this Agreement shall have the meanings given them in Exhibit A. 2. AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT Effective as of the Commencement Date, the Original Agreement is hereby amended and replaced in its entirety by this Agreement. 3. TERM; AUTOMATIC 3.1. Term The initial term of this Agreement ("Term") shall be for fifteen (15) years, commencing on January 1, 2016 (the "Commencement Date"), and expiring on the day before the sixteenth (16th) anniversary of the Commencement Date (the "Expiration Date"). Comprehensive Solid Waste Collection Agreement Page 1 Page 68 of 385 3.2. Automatic Extensions On each anniversary of the Commencement Date, the Expiration Date shall automatically be extended by one (1) year unless either party has given ninety (90) days written notice of termination to the other party, in which case the Agreement shall terminate on the Expiration Date in effect as of the date of such written notice of termination. 4. SCOPE OF WORK 4.1. General Terms and Conditions Contractor shall collect, transport and dispose of all Solid Waste, Household Hazardous Waste and any other materials herein authorized, from each and every Customer within the Service Area pursuant to the terms and conditions of this Agreement. 4.2. City Service Area Contractor shall provide all of the services described in this Agreement to the entire City Service Area. 4.3. Sole and Exclusive Solid Waste Service Provider During the Term of this Agreement, Contractor shall be the sole and exclusive provider to manage, collect, transport and dispose of Solid Waste and Household Hazardous Waste, and, as applicable, to manage, collect, transport and process Recyclable Materials and Green Waste subject to a separate collection service requested by the City or the jurisdiction of the WUTC upon adoption of an appropriate jurisdictional overlay granting such authority to the WUTC, all as more particularly described in Section 5.5. herein, and any other materials authorized for collection pursuant hereto, within the City Service Area. When requested by Contractor, the City shall seek to enforce the rights the City has granted to Contractor hereunder; however, the City shall not be obligated to instigate litigation to protect the right of Contractor. Contractor may independently enforce its rights under this Agreement against third party violators, including but not limited to seeking injunctive relief, and the City shall use good faith efforts to cooperate in such enforcement actions brought by Contractor (without obligating the City to join any such litigation). Such efforts may include but not be limited to cease and desist letters, assistance with documenting violations and other activities. Notwithstanding the foregoing, the City shall enforce its municipal code in the ordinary course against any third parties providing unauthorized Solid Waste service. Any material discarded by a Customer for which it pays to collect, process and/or dispose of the material shall constitute "Solid Waste" subject to all terms and conditions of this Agreement. This Agreement will not apply to Solid Waste, Recyclable Materials, Green Waste, Household Hazardous Waste and Agricultural Processed Waste self -hauled by the generator, or Green Waste generated and hauled by private landscaping services. Comprehensive Solid Waste Collection Agreement Page 2 Page 69 of 385 4.4. Annexation If additional territory is added to the City through annexation or other means, Contractor shall make collections in such annexed areas in accordance with the provisions of this Agreement at the unit prices set forth in this Agreement, provided however, the remaining Term of this Agreement shall not be less than fifteen (15) years from the effective date of such annexation. If the City has given Contractor a notice of termination of this Agreement prior to such annexation, the annexed area shall not be added to this Agreement except with the written consent of Contractor, which may be withheld at the sole discretion of Contractor. If the annexed area is added to this Agreement, the parties shall execute an amendment to this Agreement consistent with the provisions of this section, including the replacement of Exhibit B depicting the City Service Area. If Contractor possesses a WUTC certificate or other franchise for Solid Waste collection in the annexed area at the time of annexation, the amendment of this Agreement to add the annexation area to the City Service Area shall be in lieu of the grant of a franchise pursuant to RCW 35.13.280 or RCW 35.A.14.900, as applicable, and Contractor shall waive and release its right to claim any damages or compensation from the City arising out of the cancellation of any pre-existing permit, certificate or franchise held by Contractor prior to annexation, and finther specifically waives the right to receive any additional compensation or any rights of collection in the newly - annexed territory beyond what is provided herein. Subject to the provisions hereof, Contractor acknowledges that its certificate applicable to those fixture annexation areas shall be cancelled effective the date of annexation by the City. If a party other than Contractor holds the WUTC certificate for any such future annexed territory, the City shall work with such party in good faith using commercially reasonable efforts to provide for the timely termination of such party's right to provide Solid Waste collection service to the subject annexation area. Upon termination of such party's right to provide Solid Waste service to said annexation area, the parties shall cause the subject annexation area to be added to the City Service Area as provided above and subject to the terms and conditions of this Agreement. The City will indemnify, hold harmless and defend Contractor from any and all claims, actions, suits, liabilities, losses, costs, expenses and damages, including costs and attorney fees, asserted by such parties providing solid waste collection service arising from Contractor's service in such annexed territory pursuant to this Agreement. The City acknowledges that Contractor shall require a reasonable amount of time to secure the necessary equipment, including but not limited to vehicles, Residential Carts and Containers, to service the annexed area, and shall not penalize Contractor for reasonable delays in the provision of services to annexed areas covered by this Agreement due to procurement delays that are not within the commercially reasonable control of Contractor. Customers within the annexed area shall receive the Residential Carts and Containers described herein in accordance with the provisions of this Agreement. In the event that an annexed area is being serviced with Residential Carts and Containers different from the City's program, Contractor shall be responsible for timely Customer notification and removal of the existing Residential Carts and Comprehensive Solid Waste Collection Agreement Page 3 Page 70 of 385 Containers and delivery of appropriate Residential Carts and Containers within a reasonable time. 4.5. Unsafe Conditions at Pick -Up Locations If, in Contractor's commercially reasonable discretion, a Customer is located in an area that does not permit safe access, tum -around or clearance for Contractor's vehicles, Contractor shall provide Solid Waste service to such Customer provided the Customer sets out its materials adjacent to the nearest Public Street or Private Road allowing such safe access and Contractor is provided with reasonable advance notice of such location. Contractor shall use commercially reasonable efforts to work with such Customer to determine a safe location in compliance with applicable law. If Contractor in its commercially reasonable discretion determines that a Private Road cannot be safely negotiated or that providing drive-in service for Residential Customers shall be impractical due to distance or unsafe conditions, Contractor and the City shall evaluate the on-site conditions and make a determination of the best approach for providing Solid Waste service to the affected Residential Customers. Contractor and the City shall present feasible service options to the Customers concerning the nearest safe and mutually convenient pick-up location. If Contractor believes that its vehicles shall cause damage to a Private Road in the ordinary course of operation, Contractor may withhold Solid Waste service from the respective Customers until such Customers provide a damage waiver agreement to Contractor. 4.6. Hours/Days of Operation Contractor shall make Solid Waste collections from Single -Family Residences, Multi - Family Complexes and Mixed -Use Buildings on Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m., provided, however, that the City may authorize from time to time temporary extensions or written exemptions of the collection period to accommodate the special needs of Customers, provided further however, that Contractor may conduct from time to time Solid Waste collections on Saturdays to the extent necessary to make up missed collections. Contractor shall make Solid Waste collections from non -Residential Commercial Customers on Monday through Friday between the hours of 5:00 a.m. and 6:00 p.m. provided; however, the City shall have the authority to notify the Contractor of which Commercial areas are located near Residential zoned areas, and shall be subject to the Residential collection hours. 4.7. Employee Conduct Contractor shall require its employees at all times on routes to be courteous, refrain from making loud, inappropriate or obscene language, exercise due care, perform their work efficiently and expeditiously, and avoid damage to public or private property. Contractor shall further require its employees to use only that portion of private property reasonably necessary to complete their duties, and to the extent reasonably possible, stay within regular pedestrian walkways and paths and avoid crossing flower beds and hedges. Contractor's employees shall wear reasonably clean and presentable clothing while on Comprehensive Solid Waste Collection Agreement Page 4 Page 71 of 385 their routes. If the City gives written notice to Contractor of any employee of Contractor failing to comply with the above requirements, Contractor shall use commercially reasonable efforts to remedy the issue as soon as possible, including temporarily or permanently removing such employee from all further performance of the work described in this Agreement. 4.8. Disabled Persons Service Contractor shall provide, at no additional expense, carry -out service of Solid Waste to those Residential Customers that suffer from a documented disability that prevents them from placing a Residential Cart at the Curb. The Residential Customer shall provide Contractor with verifiable information and complete the appropriate documentation prior to such service being provided. Contractor's criteria for carry -out service shall comply with all local, state and federal regulations, and shall be subject to the City's review and approval prior to program implementation. 4.9. Holiday Schedules Contractor shall provide regular Residential and Commercial collection services on all weekdays, Monday through Friday inclusive, regardless of any holidays that may be observed. Drop -Box Container collection service shall not be performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas. 4.10. Inclement Weather and Other Service Disruptions If, in Contractor's commercially reasonable discretion, weather or other route conditions pose a danger to the public, Contractor's employees or equipment, Contractor shall provide Solid Waste service only to those portions of the City Service Area that do not pose such a danger. Contractor shall provide the City within a reasonable time after such event Contractor's plans to make up missed Solid Waste collections. Unless the City gives Contractor written notice of the City's objections to such plans, Contractor may perform limited Solid Waste collection services after 6:00 pm and/or on Saturdays following disruptions in order to make up missed collections. 4.11. Suspending Collection from Problem Customers The City and Contractor acknowledge that, from time to time, some Customers may cause disruptions or conflicts that make continued service to that Customer unreasonable. Those disruptions or conflicts may include, but not be limited to, repeated damage to Residential Carts or Containers, repeated refusal to position Residential Carts or Containers properly, repeated suspect claims of timely set -out followed by demands for return collection at no charge, and repeated claims of damage to the Customer's property. Contractor shall make every reasonable effort to provide service to those problem Customers. However, Contractor may deny or discontinue service to a problem Customer if reasonable efforts to accommodate the Customer and to provide services fail. If the Customer submits a written letter to the City appealing Contractor's decision, the Comprehensive Solid Waste Collection Agreement Page 5 Page 72 of 385 City may, in its sole discretion, intervene and attempt to mediate a resolution in the dispute. The City may also require the denial or discontinuance of service to any Customer who is abusing the service or is determined to be ineligible. 4.12. Missed Collections If Contractor fails to collect Solid Waste from a Customer without permissible excuse therefore, Contractor shall provide such service to the Customer within a reasonable time, but in no event later than 6:00 P.M. of the business day following Contractor's receipt of notification of the missed pick-up. Contractor shall maintain a record of all missed collections reported by Customers (whether reported by telephone or e-mail) and Contractor's corrective action. If a Residential Cart or Container is set out inappropriately, improperly prepared or contaminated with unacceptable Solid Waste, Biomedical Waste or Hazardous Waste, Contractor shall not be obligated to collect the materials from such Residential Cart or Container. Contractor shall place a notification tag on such Residential Cart or Container that identifies the specific reason for not collecting the Solid Waste, and maintain a record of such missed collections. If Contractor is requested by the Customer to make a return trip due to no fault of Contractor, Contractor shall be permitted to charge the Customer an additional fee for this service at the rate specified in the rate schedule attached hereto as Exhibit C ("Rate Schedule"). 4.13. Schedule of Solid Waste Collection Contractor shall perform Solid Waste services for each respective Residential Customer pursuant to a regular schedule on the same day and as close to a consistent time as possible; Contractor may vary, in its discretion, the collection routes and schedules for Commercial Customers. Contractor shall provide dispatch service and equipment capability to collect full Drop -Box Containers no later than the second (2nd) business day after the Customer's request. Contractor shall indicate, on a detailed map acceptable to the City, the day of the week Solid Waste shall be collected from each Residential Customer. Contractor may change the day of collection from time to time by giving the City and the affected Residential Customers at least fifteen (15) days prior written notice of the different collection date. 4.14. Required Equipment and Signs on Vehicles; Maintenance of Vehicles and Equipment Contractor shall cause each of its vehicles to display the vehicle's inventory number and customer service telephone number in lettering not less than four (4) inches high and clearly visible from a minimum distance of twenty (20) feet, together with appropriate safety markings, including all highway lighting, flashing and warning lights, clearance lights, and warning flags in accordance with applicable laws. Contractor shall equip each route, service and supervisory vehicle with properly licensed two-way communication equipment capable of communication throughout the entire City Service Area with a base station maintained by Contractor. In addition, Contraction shall cause all vehicles to Comprehensive Solid Waste Collection Agreement Page 6 Page 73 of 385 cavy regularly -maintained and fully -functional spill kits, including absorbent pads or granules, containment booms, storm drain covers, sweepers and other similar materials sufficient to contain, control and, for minor events, appropriately clean-up spillage or release of wind-blown materials, litter, or leaks of fluids or leachate from the vehicle. Spill kits shall also include Contractor's spill response procedure, which procedure shall be developed as provided in Section 4.17. Contractor shall cause all vehicles and equipment to be maintained in good operating condition at all times. In addition, Contractor shall maintain its vehicles to ensure that no liquid wastes (such as Solid Waste leachate) or oils (lubricating, hydraulic or fuel) to be discharged from the vehicles except to appropriate facilities. Contractor shall regularly clean and wash thoroughly all vehicles used in the collection of Solid Waste. Contractor shall cause its vehicles to be repainted from time to time as needed to maintain a clean and professional appearance. 4.15. Residential Carts and Containers Inventory Contractor shall procure and maintain a sufficient quantity of Residential Carts and Containers to service the City's Customer base, including for seasonal and economic variations in the demand for Residential Carts and Containers. 4.16. Ownership of Equipment All vehicles, facilities and property used in performance of work under this Agreement shall be owned or leased by Contractor. The City shall have no obligation to provide equipment, facilities or personnel in connection with Contractor's duties hereunder. 4.17. Spillage Contractor shall cause any blowing or spillage of Solid Waste, or leachate from Contractor's vehicles, to be cleaned up immediately by Contractor's employees. For any spill of leachate requiring more equipment or treatment other than the spill kits carried on a collection vehicle, Contractor shall promptly notify the City of such event. Contractor shall develop and submit to the City for its review a spill response procedure, and shall incorporate any commercially reasonable comments that the City provides. The spill response procedure shall include a list of emergency contacts, which shall be reviewed annually and updated as necessary. 4.18. Disruption Due to Construction If a Public Street is under construction such that the work interferes with Contractor's services, Contractor shall use commercially reasonable efforts to account for such interruption to permit the prudent and safe collection of Solid Waste from affected Customers. Comprehensive Solid Waste Collection Agreement Page 7 Page 74 of 385 4.19. Site Planning Assistance The City shall, as part of its permitting process, cause written notice to be given to Contractor of any development permit application containing plans for the construction of a new or substantially remodeled building or other permanent structure, where commercial container service is contemplated for solid waste, so that Contractor may provide, but has no obligation to do so, written comments concerning Contractor's ability to access Containers and provide safe and efficient collection services to such property. Upon request and at standard rates determined from time to time by Contractor, Contractor shall provide site planning assistance to property owners or their representatives. The site planning assistance shall be available for all new construction or remodeling of buildings and structures within the City Service Area, and shall address the design and planning of Solid Waste removal areas and their location upon the site. Contractor shall provide its assistance for optimizing loading docks, enclosures, compactor equipment and other similar structures or areas, provided however, that such site planning consultation service shall be made without warranty and without liability of any sort, and Contractor may require a commercially reasonable waiver to such effect prior to giving such site planning assistance. 4.20. Safeguarding Public and Private Property Contractor shall use commercially reasonable efforts to avoid causing damage to any public and private improvements, facilities and utilities whether located on public or private property. If such improvements, facilities, utilities or Curbs are damaged and such damage is due to the negligence or intentional misconduct of Contractor, Contractor shall notify the City immediately in writing of such damage. If such damage is of a type not ordinarily suffered or in excess of normal wear and tear caused by vehicles operated by Contractor, Contractor shall either repair such damage, if practicable, or reimburse the City for the reasonable cost of repairing such damage, which cost shall be the cost of restoring such property to the condition immediately prior to such damage. 4.21. Company Name Contractor shall not use a trade name containing any words that implies Contractor is operated or owned by the City. 4.22. Coordination between City and Contractor Within a sixty (60) days time after receipt of written request of either party, the other party shall meet at the City's offices to resolve any operational issues with Contractor's services. Contractor shall provide the City with access to Contractor's route and Customer service data, billing information, safety records, equipment, facilities and other applicable items, and the City shall provide Contractor with access to the City's records applicable to the issue. Comprehensive Solid Waste Collection Agreement Page 8 Page 75 of 385 4.23. Disposal Restrictions and Requirements Except as expressly provided herein, Contractor shall not knowingly or negligently collect, transport or dispose of Hazardous Waste or Biomedical Waste, and shall have no responsibility for such waste. Contractor shall not be required to collect Hazardous Waste, Biomedical Waste or any other materials that are either restricted from disposal or would pose a danger to Contractor's collection crews. If materials are rejected for this reason, Contractor shall leave a written notice with the rejected materials listing why they were not collected and providing the Customer with a contact for further information about proper disposal options. The Customer shall remain responsible for all costs associated with handling and disposal of such materials inadvertently collected by Contractor. 4.24. Disposal Site for Solid Waste Contractor shall deliver all Solid Waste to an appropriate disposal site operated by Contractor or such other disposal site or sites that satisfy applicable state regulations. Contractor shall provide the City with a list of the disposal sites being used by Contractor. 4.25. Adjustment of Service Level for Certain Customers If Contractor in its commercially reasonable discretion determines that a Residential Customer is generating quantities or types of Solid Waste different from a typical Residential Customer, Contractor shall notify City of the same. Within thirty (30) days of Contractor's notice, City shall determine if the Residential Customer maintains a commercial enterprise from the Residence, for example by determining if a business license has been issued declaring the business address to be same as the Residence, and should be served by a commercial Solid Waste service plan. If City determines that the customer is operating as a commercial enterprise, said Residential Customer's service shall be revised to the appropriate commercial service most closely approximating the service required by the affected Customer, as determined by Contractor. 4.26. Violation of Ordinance Contractor shall promptly give written notice to the City of any observed violations of the City's ordinances concerning the containerization, collection, transport and disposal of Solid Waste. 4.27. Public Information The City may develop, at its expense, public outreach and education programs concerning the reduction of Solid Waste, the recycling of Recyclable Materials, any other programs concerning Solid Waste service within the City Service Area, including the mandatory Solid Waste collection requirements for all Customers in the City Service Area. Contractor shall cooperate in good faith with the City to design and distribute promotional materials to Customers throughout the City Service Area. Comprehensive Solid Waste Collection Agreement Page 9 Page 76 of 385 4.28. Compaction of Solid Waste If any Commercial Customer should deposit into its Container a substantial amount of compacted Solid Waste, or any other Solid Waste that has been subjected to a process modifying its composition or nature resulting in the reduction of its volume because of an increase in density, Contractor may assess against such Commercial Customer an additional charge equal to the difference in compacted and uncompacted Solid Waste service rates set forth in the Rate Schedule. 5. SOLID WASTE SERVICE 5.1. Residential Service 5.1.1. Residential Customer Solid Waste Service Contractor shall collect, transport and dispose of Solid Waste from all Residential Customers within the City Service Area, provided that the Solid Waste is properly contained in Residential Carts supplied by Contractor and set out for collection at the Curb on or abutting Public Streets or Private Roads, together with any additional Solid Waste contained in appropriate bins, bags, cans or other receptacles that could not be placed in the Residential Carts. In addition, Contractor shall collect an unlimited number of Solid Waste Units that are properly set out by a Residential Customer adjacent to its Residential Cart. Contractor's collection of Solid Waste placed outside of the Residential Cart shall be at no additional cost unless the materials could reasonably have been placed in the Residential Cart. Each Unit of Solid Waste not provided in this manner for collection shall be subject to a special pickup charge as provided in the Rate Schedule. Contractor shall also dispose of passenger vehicles tires, but not truck or tractor tires, from Residential Customers. If, in Contractor's commercially reasonable discretion, Contractor determines that a Residential Customer is disposing of passenger vehicle tires in excess of four (4) per year, Contractor may assess the affected Residential Customer a charge for fire disposal in accordance with the rate set forth in the Rate Schedule. 5.1.2. Residential Carts Contractor shall provide each Residential Customer within seven (7) business days of the Customer's request with a 96 -gallon Residential Cart, provided however, that qualifying Residential Customers may request the use of a 64 - gallon Residential Cart as described in Section 5.1.3. Residential Carts shall be rodent and insect proof, and equipped with functional wheels or rollers. Contractor shall maintain all Residential Carts in good condition without any jagged edges or holes. If Contractor's employees note any damaged hinges, holes, poorly functioning wheels or other conditions requiring repair, Contractor shall repair, at its sole cost, such condition without need of request from the Customer. Contractor shall repair the Residential Cart within seven (7) business Comprehensive Solid Waste Collection Agreement Page 10 Page 77 of 385 days of request or notice of a condition requiring repair, or provide a temporary Residential Cart as necessary. Contractor shall replace, at its sole cost, any Residential Cart that is damaged or missing on account of accident, act of nature or the elements, fire, or theft or vandalism by other members of the public within three (3) business days. Contractor may provide replacement Residential Carts that are new or used and reconditioned, provided such Residential Carts are clean and presentable. Contractor shall collect and dispose of damaged and unusable Residential Carts. If, in Contractor's commercially reasonable discretion, Contractor has to replace or repair a damaged Residential Cart as a result of excess wear and tear or otherwise the result of the negligence or intentional misconduct by the Residential Customer, Contractor may charge the Residential Customer a replacement fee for such Residential Cart at the rate set forth in the Rate Schedule. Residential Customers shall be responsible for the cleaning of their Residential Carts. Residential Carts placed for collection shall not weigh in excess of one hundred - twenty (120) pounds for the 64 -gallon Residential Cart or one hundred -eighty 180) pounds for the 96 -gallon Residential Cart. 5.1.3. Senior, Low Income Discount Contractor shall provide Solid Waste service to those Residential Customers qualifying for the senior, low income discount rate set forth in the Rate Schedule upon the same terms and conditions set forth in section 5.1.1 and Section 5.1.2, except that such qualifying Customers shall be provided with one 64 -gallon Residential Cart, and such Residential Customers shall be limited only to the use of such Residential Cart for the disposal of Solid Waste. Each Unit of Solid Waste not placed within such Residential Cart for collection shall be subject to additional pickup charges at the rate set forth in the Rate Schedule. If a senior, low income Residential Customer sets out more Solid Waste than may be contained in a 64 gallon Residential Cart on two or more occasions in any calendar year, Contractor may at any time thereafter cause such Residential Customer to change to the Unlimited Residential Customer service plan at the applicable service rate set forth in the Rate Schedule. Prior to Contractor providing such discounted service, the City shall give written notice to Contractor that the senior, low income Residential Customer has certified each of the following conditions to the City, and that the City has verified to the extent reasonably possible, as being true and correct: i) The Residential Customer is a single occupant of or the head of a household all of whose members have combined annual income from all sources that is not greater than the United States Federal Poverty Level. Such poverty level shall be determined by the "Very Low Income Limits" and updated annually by the City; and Comprehensive Solid Waste Collection Agreement Page I1 Page 78 of 385 ii) The Residential Customer must be the customer of the solid waste service and must be directly responsible for the payment of the solid waste bill; and iii) The Residential Customer is the fee simple owner, or the primary tenant named on the lease, of a Single Family Residence and has resided at such location for a period of not less than ninety (90) consecutive days and must intend to remain at such place; and iv) The Residential Customer is at least sixty-two (62) years of age or older; and v) The Residential Customer shall state on oath that the one (1) 64 gallon Residential Cart shall be adequate to meet the requirements of the Residential Customer without creating a public nuisance or a public health hazard; and vi) The City may require the person demonstrating satisfactory proof for a house hold that qualifies for the rates set forth in this section to make an updated application at any time. "Head of the household" means the person owning or having control of the dwelling unit. In the case of a husband and wife, either person shall be considered the "head of the household"; and vii) The Residential Customer has filed the appropriate application under oath with the City that the Residential Customer shall inform the City in writing if there is any change in the household's status as it relates to the requirements set forth in (i) — (vii) above, and acknowledges the City may require an updated application at any time. The City shall, from time to time but not more than once per month, provide Contractor with a list of the Residential Customers that have satisfied the above conditions and qualified for the applicable discount rate, which discount rate shall go into effect for the subject Residential Customers not later than thirty (30) days after the date of such written notice from the City. Contractor may terminate such discounted service if and when Contractor or the City has a reasonable belief that such Residential Customer no longer qualifies for such discounted service. The City upon its own volition, or within thirty (30) days of receipt of Contractor's written notice, shall use reasonable due diligence to determine if such Residential Customer continues to qualify for such discounted service. If the qualifying Residential Customer loses such status, Contractor shall provide written notice to the Residential Customer and the service rate for Unlimited Residential Service shall be assessed for the first Solid Waste service occurring after the date of such written notice. Comprehensive Solid Waste Collection Agreement Page 12 Page 79 of 385 5.1.4. Household Hazardous Waste Program Contractor shall accept Household Hazardous Waste from Customers residing in Residences within the City Service Area whose accounts with Contractor are in good standing. Contractor shall comply with all applicable State of Washington statutes and regulations including, but not necessarily limited to, Department of Ecology guidelines and permit requirements. At least once per week on a day approved by the City for a minimum of eight (8) consecutive hours, Contractor shall accept without charge Household Hazardous Waste at a facility properly licensed and approved by the City to receive such materials. Contractor may also accept, but has no obligation to do so, other hazardous waste from any other person or Customer, provided that such additional service complies with all applicable laws and contractual obligations of Contractor, and upon such terms and conditions and service rates acceptable to Contractor. Contractor shall transport and dispose of all collected Household Hazardous Waste to an appropriate disposal site. Contractor shall regularly publish brochures concerning the Household Hazardous Waste program, including the location of the facility and the hours of service. The parties hereto acknowledge that the Household Hazardous Waste program is conditioned upon and subject to the continuing effectiveness of that certain agreement by and among Contractor, the City and Franklin County, pursuant to which Franklin County has delegated to Contractor the county's duties under Washington state law to implement and administer a Household Hazardous Waste program. Contractor shall cause the cost of such program to be included in the service rates set forth in the Rate Schedule in full compensation of such services. If and when such agreement or Contractor's obligation thereunder has been terminated, the Household Hazardous Waste program made part of this Agreement shall also be automatically terminated. In such event, the portions of this Agreement authorizing and requiring Contractor to collect Household Hazardous Waste shall be deemed terminated without further action required of any party, and Household Hazardous Waste shall be deemed to be unacceptable waste for collection. On the next Annual Adjustment Date following the date on which Contractor is no longer required to collect such waste, Contractor shall equitably adjust its service charges for each level of Solid Waste service. 5.2. Commercial Service 5.2.1. Commercial Customer Solid Waste Service Contractor shall collect Solid Waste from all Commercial Customers within the City Service Area, provided that the Solid Waste is properly contained within Containers supplied by Contractor. Comprehensive Solid Waste Collection Agreement Page 13 Page 80 of 385 5.2.2. Commercial Containers 5.2.2.1 Container Types Contractor shall provide to each Commercial Customer, and each Commercial Customer may select, the following types of Containers: 1.5-, 2-, 3-, 4-, 6- or 8 -cubic yard Detachable Container; 11-, 20-, 30- or 40 -cubic yard Drop -Box Container; a 96 -gallon or 64 -gallon wheeled cart similar to the respective Residential Carts. Contractor may from time to time provide additional or remove existing Container service options, provided however, that Contractor shall provide at least thirty 30) days prior written notice to affected Commercial Customers with service plans for Containers that are being discontinued. Detachable Containers shall be watertight and equipped with tight -fitting metal or plastic covers, which covers shall be closed by Contractor after every collection service, and may be equipped with four (4) wheels for those Containers with volumes of 4 -cubic yards or less. Drop -Box Containers shall be constructed of metal, and if requested by a Customer, equipped with a tight -fitting screened or solid cover operated by a winch system. Detachable Containers up to 8 -cubic yards shall not weigh in excess of one thousand two hundred (1,200) pounds, and Drop -Box Containers shall not weigh in excess of twenty thousand (20,000) pounds. Commercial carts shall not weigh in excess of one hundred twenty (120) pounds for the 64 -gallon commercial cart or one hundred -eighty (180) pounds for the 96 -gallon commercial cart. 5.2.2.2. General Terms and Conditions Applicable to Commercial Containers Contractor shall fimiish each Commercial Customer with the appropriate Container within seven (7) business days of the Customer's request. Contractor shall deliver and place the Container on the Customer's property in a location determined by the Customer, provided such location is reasonably acceptable to Contractor for the safe and efficient collection thereof. Contractor shall maintain all Containers in good condition without any leaks, jagged edges or holes. If Contractor's employees note any damage to a Container requiring repair, Contractor shall repair, at its sole cost, the damage without need of request from the Customer. Contractor shall repair the Container within seven (7) business days of request or notice of a condition requiring repair, or provide a temporary Container as necessary. Contractor shall replace, at its sole cost, any Container that is damaged or missing on account of accident, act of nature or the elements, fire, or theft or vandalism by other members of the public within there (3) business days. Contractor may provide Customers with either a new or used and reconditioned Comprehensive Solid Waste Collection Agreement Page 14 Page 81 of 385 replacement Containers, provided such Containers are clean and presentable. Contractor shall collect and dispose of damaged and unusable Containers. If, in Contractor's commercially reasonable discretion, Contractor must replace or repair a damaged Container as a result of excess wear and tear or otherwise the result of the negligence or intentional misconduct by the Commercial Customer, Contractor may charge the Customer a replacement fee for such Container. Not more often than once per year, Contractor shall clean without additional cost, said cost being included in the respective service plan, each Customer's Container. In addition, Contractor shall also replace a Container within three (3) business days of request by the City if the City determines that the Container fails to comply with reasonable health and safety standards, provided however, that Contractor shall assess the Customer a cleaning fee at the rate set forth in the Rate Schedule. 5.2.2.3. Additional Fees Contractor shall not charge Commercial Customers an initial delivery fee for a Container, except in the case of temporary Container service or a Container redelivered to a Customer restarting service after having service suspended with its Container removed because of non-payment of invoices. Contractor shall charge a rollout fee in ten (10) foot increments for Containers that must be rolled by Contractor more than twenty (20) feet to reach the collection vehicle at its nearest point of access. Gate and/or disconnect charges shall be assessed as set forth in the Rate Schedule when Contractor must open, unlock, or close a gate in order to service a Container. Contractor may assess additional charges for excess materials loaded so as to lift, as applicable for such Commercial Customer, the Detachable Container lid or Drop -Box Container lid more than six (6) inches from the normally closed position. Commercial Customers may request extra collections of Detachable Containers in addition to the regular service, which additional service shall be subject to an additional charge equal to the proportional amount e.g. one pick-up per week rate divided by 4.33 weeks per month) of their regular monthly rate for that service. Extra collections of Drop - Box Containers shall be provided at the regular rate set forth in the Rate Schedule. 5.2.2.4. Customer -Owned Drop -Box Containers Notwithstanding anything to the contrary in Section 5.2.2.1 above, Contractor may service compactor Drop -Box Containers owned by Commercial Customers at the special collection rates set forth in the Rate Schedule. Contractor shall have no obligation to maintain, repair or clean a compactor Drop -Box Container owned by a Commercial Customer, and shall have no liability to such Customers for damage Comprehensive Solid Waste Collection Agreement Page 15 Page 82 of 385 caused to such compactor Drop -Box Containers except in the event of gross negligence or intentional misconduct by Contractor. If, in the commercially reasonable discretion of Contractor, a Customer -owned compactor Drop -Box Container is not safe, Contractor may elect not to provide service until such compactor Drop -Box Container is made safe for usage and transport. 5.3. Temporary Solid Waste Service Plans Upon request of any Customer, Contractor shall provide on a temporary basis the Container requested by said Customer at the rate set forth in the Rate Schedule for such temporary service. The temporary service rate shall apply for all service requests that do not exceed ninety (90) consecutive days. If the Customer requires a Container for a longer period of time, Contractor may require the Customer to select the appropriate Commercial service plan set forth in the Rate Schedule for the requested Container. If the temporary service plan is in addition to a regular service plan in effect for the Customer, Contractor shall be authorized to bill the Customer for both service plans. Contractor may require the Customer to make a security deposit in advance of a temporary service plan at the rate set forth in the Rate Schedule. 5.4. Solid Waste Service to City Properties and Facilities Contractor shall provide the City with Solid Waste service from all City locations for which the City desires service pursuant to the City's service plan set forth in the Rate Schedule. The City may modify the locations for which the City desires service by providing Contractor with ten (10) days prior written notice, in which case, Contractor shall adjust, if applicable, the fee payable by the City pursuant to the Rate Schedule Exhibit Q. As part of the City's service plan, Contractor shall also provide , without direct cost to the City, Solid Waste service as defined in Exhibit "E" of up to 1,500 tons Base Tonnage) of Solid Waste gathered by the City from alley clean-ups, street sweeping and sewer debris, and deposited in specially designated Drop -Box Containers supplied by Contractor. The Solid Waste service shall be increased in increments of 250 tons of Solid Waste every five years based on the City's solid waste need over the Base Tonnage. The Solid Waste service increase will be based on the following calculations: a) Solid Waste tonnage from city owned properties less Base Tonnage equals Net Solid Waste tonnage from city owned properties with direct cost to the City, (b) if the Net Solid Waste tonnage from city owned properties with direct cost is less than 250 tons, then no change is required, and (c) if the Net Solid Waste tonnage from city owned properties with direct cost is greater than 250 tons, then an increase will be required. If the Net Solid Waste is greater than 250 tons, then the Net Solid Waste plus the Base Tonnage will equal the new Total Solid Waste service for the next five years. Based upon a change in the Total Solid Waste, the Contractor shall be able to adjust Solid Waste service rates consistent with section 6.3.7. Comprehensive Solid Waste Collection Agreement Page 16 Page 83 of 385 Contractor will send a quarterly accounting of the remaining balance of the total Solid Waste service to be provided to the City without direct cost. The accounting period for this Solid Waste service will begin on January 1 and end on December 31 of each contract period. 5.5. Recyclable Materials and Green Waste If, during the Term of this Agreement, the City elects to provide additional services related to Curbside recycling of Recyclable Materials and/or Green Waste from Residences consistent with revisions to and updating of the Franklin County Comprehensive Solid Waste Management Plan, the City may request that Contractor collect, transport, process and recycle Recyclable Materials from all Customers residing in Residences located within the City Service Area. Within ninety (90) days of receipt of such notice, Contractor shall provide the City with a written proposal of the service rates, planned service routes and schedules for Customers residing in Residences and, if also requested by the City, all other Customers, proposed Recycling Carts and Recycling Containers, commodities that will qualify as Recyclable Materials based on current market conditions, estimated interval to secure necessary equipment and facilities, and any other pertinent terms and conditions of such service. Contractor shall remit all proceeds from the sale of collected Recyclable Materials pursuant to the recycling program to the City. If Contractor's proposal is acceptable to the City, the City shall give written notice (Exercise Date) to Contractor to commence providing such service within the City Service Area on the date set forth in the City's notice that is consistent with Contractor's proposal. Upon receipt of the City's notice, the parties shall cooperate in good faith to develop and distribute materials and information to Customers within the City Service Area concerning the addition of the recycling and/or green service. If the City declines to require a separate Recyclable Materials and/or Green Waste service governed by this Agreement, the City shall permit, at Contractor's written request, the Washington Utilities and Transportation Commission ("WUTC") to assume jurisdiction of Curbside Recyclable Materials and/or Green Waste service plans, which will be implemented and operated by Contractor. 5.6. Miscellaneous Solid Waste Services Contractor shall also provide the following special services: i) With respect to Residential Customers and those Commercial Customers residing in Residences located within Mixed -Use Buildings and Multi -Family Complexes within the City Service Area, Contractor shall provide a special Solid Waste service at the rate set forth in the Rate Schedule for Units of Solid Waste that exceed the limitations set forth in the definition of "Solid Waste Units," which service shall be provided within five (5) business days of the Customer's request. ii) With respect to qualifying Customers, Contractor shall administer and provide Solid Waste service as provided under and pursuant to Pasco City Code Section Comprehensive Solid Waste Collection Agreement Page 17 Page 84 of 385 6.04.240, "Special Collection and Residential Coupon," for so long as said program is in effect under the Pasco City Code. iii) With respect to Residential Customers and those Commercial Customers residing in Residences located within Mixed -Use Buildings and Multi -Family Complexes within the City Service Area, Contractor shall collect and dispose of refrigeration and cooling devices common to households, such as refrigerators and air- conditioning units, at the rates set forth in the Rate Schedule, provided however, that the Residential Customer shall either request Contractor to purge and dispose of the cooling substance as required by applicable law or provide Contractor with a certificate reasonably satisfactory to Contractor from a qualified contractor stating that the same has been completed prior to collection and disposal of such item. iv) With respect to all Customers within the Service Area (except as otherwise provided in Section 5.1.1), Contractor shall collect, transport, and dispose of tires from passenger vehicles and trucks at the rate set forth in the Rate Schedule. 5.7. Customer Service 5.7.1. Customer Service Office Contractor shall maintain a Customer service office within the City Service Area with a local telephone number or toll free phone number where Contractor may be contacted by Customers during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, except for the holidays recognized by the State of Washington. Contractor shall provide customer service functions relating to service delivery, potential service options, service rates, receiving and resolving customer complaints, dispatching temporary Containers and special collections, and resolving billing questions. 5.7.2. Complaints Contractor shall give prompt and courteous attention to all Customer complaints received by Contractor. Contractor shall promptly investigate any complaint of a missed collection, and if verified, shall arrange for collection as provided in this Agreement. Contractor shall maintain a record of actions taken on all material and legitimate complaints that could not be resolved during the initial communication with the Customer, regardless of how the complaint was received, including date, time, Customer's name and address (if the Customer is willing to give this information), method of transmittal, and nature, date and manner of resolution of the complaint in a computerized daily log. Contractor shall make a conscientious effort to resolve all complaints promptly but otherwise within one 1) business day of the original call or e-mail. The computerized daily log shall be available for inspection by the City, or its designated representatives, during Contractor's office hours, and shall be in a format reasonably acceptable to the City. Comprehensive Solid Waste Collection Agreement Page 18 Page 85 of 385 5.7.3. Emergency Contact Contractor shall provide the City with the name and contact information in the event of an emergency requiring contact with Contractor outside of normal office hours. Contractor shall cause such representative to be available at said emergency telephone number during all hours other than normal office hours. 5.8. Reports In addition to any report required by law, Contractor shall maintain records of the number of loads of Solid Waste collected and transported within the City Service Area and the approximate total tonnage of Solid Waste and any other material herein authorized hauled by Contractor to Contractor's disposal site. Contractor shall make such records available to the City upon request. Subsequent to April 15 of each calendar year, and following at least two (2) months prior written notice, Contractor shall provide to the City a profit/loss financial statement for the preceding calendar year together with a pro -forma financial statement for the ensuing calendar year. The City shall be permitted to review but not make copies of the financial statements. Upon the City's request, Contractor shall make available the same financial statements to an accounting firm selected by the City and reasonably acceptable to Contractor, provided, however, that the accounting firm provides Contractor with a commercially acceptable form of confidentiality agreement. Contractor shall bear all reasonable costs of such accounting firm. 6. COMPENSATION 6.1. Basis for Determination of Solid Waste Service Rates The parties expressly intend that the rates and charges established by this Agreement are designed to capture all legitimate operating and capital costs incurred by Contractor and to provide a fair rate of return on Contractor's investment in providing all services included under this Agreement as may be measured by external methodologies such as the Washington Utilities and Transportation Commission's "Lurito-Gallagher" ratemaking methodology, or other such standards that will enable Contractor to establish fair, just, reasonable and sufficient overall rates in order to allow Contractor to innovate, invest and continue to provide service types and levels responsive to the City's reasonable requirements hereunder. 6.2. Compensation for Solid Waste Services Contractor may collect from each and every Customer within the City Service Area the appropriate charge for the Solid Waste service plan selected by such Customer, together with any additional charges, fees and expenses that may be incurred or requested by such Customer, at the rates set forth in the Rate Schedule. Contractor shall act in good faith to coordinate with Customers to minimize the charges assessed to Customers. Comprehensive Solid Waste Collection Agreement Page 19 Page 86 of 385 6.3. Adjustment to Solid Waste Service Rates 6.3.1. Annual Rate Adjustment Contractor's service charges, excluding fuel expenses, for each level of Solid Waste service shall increase once every year in an amount not to exceed eighty percent (80%) of the annual percentage increase in the Consumer Price Index — All Urban Consumers; West Region, Size B/C, standard reference base period 1982- 84 = 100, hereinafter referred to as the "Adjustment Index," as determined in this section. Adjustments to Contractor's service charges shall be made in units of one cent ($0.01). Fractions less than one cent ($0.01) shall not be considered when making adjustments. Rates shall be adjusted annually, beginning January 1, 2016 (the "Adjustment Date"). Contractor shall submit to the City for review and approval a "Rate Adjustment Statement" showing the calculations of new service rates for the following year, including a calculation of the percentage change in the Adjustment Index for the most recent twelve (12) month period ending the June prior to the Adjustment Date. Contractor's calculations shall be provided to the City annually no later than October 1" and the City shall have ninety (90) days to confirm Contractor's rate modification calculations. Upon receipt of the City's approval, which shall not be unreasonably withheld or delayed, the new rates shall take effect on January 1St of the subsequent year. 6.3.2. Adjustments to Tipping Fees and Disposal Fees A tipping disposal or acceptance fee charged for Solid Waste shall be the financial responsibility of Contractor, provided however, Contractor may incorporate such disposal, tipping or acceptance fees as part of the service rates set forth in the Rate Schedule. In the event of an adjustment in tipping fees or disposal fees paid by Contractor, Contractor shall adjust the tipping fee and disposal fee component of the Solid Waste service rates for each level of service to reflect such adjustment. Contractor shall provide the City with notice of any tipping fee or disposal fee adjustment promptly upon knowledge thereof by Contractor. Contractor shall provide to the City evidence supporting the requested change in service fees as a result of an adjustment to tipping fees and disposal fees at least forty-five (45) days prior to date requested by Contractor for such adjustment to go into effect, which in any event shall not be earlier than the date of the adjustment to the tipping fee or disposal fee. Upon receipt of the City's confirmation that the calculations are correct, the new Solid Waste service rates for each level of service shall take effect on the date requested by Contractor. Contractor shall include a notice in the next invoice issued to the Customers describing the increase in the service rates pursuant to this section. Comprehensive Solid Waste Collection Agreement Page 20 Page 87 of 385 6.3.3. Fuel Expense Adjustments Contractor may also assess to all Customers a "Fuel Surcharge," provided the surcharge is determined and used in accordance with the provisions hereinafter set forth. The Fuel Surcharge shall be implemented and charged by Contractor in the instance that the resulting calculation equals 0.5% or more as described below. The following definitions apply to the use and application of the Fuel Surcharge: Base Fuel Expense: the proportion of approved rates attributable to gross fuel expense, hereby fixed at 5.87%. Base Fuel Price: the average cost of diesel fuel used at the time of the 2016 rate authorization, hereby fixed at $3.79. Current Fuel Price: the per gallon price for retail sales of "West Coast Number 2 Diesel Ultra -Low Sulfur" (0-15 PPM) for the most recent full month reported in the "Monthly Diesel Prices — Ultra -Low" index published by the Energy Information Administration of the US Government or the DGE index. Fuel Surcharge: the product of multiplying the base fuel expense by the percentage change between the base fuel price and current fuel price [e.g. 3.79*(current price/$3.79)]. The Fuel Surcharge shall be calculated by subtracting the Base Fuel Price from the Current Fuel Price and converting the difference to a percentage of the Base Fuel Price; that percentage shall then be multiplied by the Base Fuel Expense and the resulting product shall constitute the Fuel Surcharge. Contractor shall submit to the City a Fuel Surcharge calculation worksheet by the 15th day of the month immediately preceding the months of August, October, December, February, April and June. The Fuel Surcharge shall be deemed approved and authorized unless written objection from the City to the Contractor's mathematical calculations is received by Contractor within seven (7) days of the City's receipt of the worksheet. In such case, the parties shall meet within five (5) business days and work in good faith to resolve any alleged errors in such mathematical calculations. A Fuel Surcharge shall commence only on the first of each of the calendar months named herein above, and shall continue in effect for a two-month period, after which time a new Fuel Surcharge, if applicable, shall go into effect pursuant to the provisions hereof. Contractor shall incorporate such Fuel Surcharge in the Customers' invoices in a timely manner. 6.3.4. Annual Rate Adjustment Cap The Annual Rate Adjustment Cap is met when the cumulative rate increases of 6.3.1 (Annual Rate Adjustment), 6.3.2 (Adjustments to Tipping Fees and Disposal Fees), 6.3.3 (Fuel Expense Adjustment), and 6.3.5 (Solid Waste Disposal Cost Adjustment, if applicable) meet or exceed five percent (5%) as defined by the Consumer Price Index in the United States Department of Labor --All Urban Consumers; West Region, Size B/C, standard reference base period 1982- 84 = 100 (Adjustment Index). Comprehensive Solid Waste Collection Agreement Page 21 Page 88 of 385 If the Annual Rate Adjustment Cap is met, the Contractor may either limit all rate increases (sections 6.3.1, 6.3.2, 6.3.3, and 6.3.5) at the Annual Rate Adjustment Cap or proceed as outlined in section 6.3.7. The Contractor will notify the City within 45 days that the Annual Rate Adjustment Cap has been reached. The Annual Rate Adjustment Cap will be reset on January 15t of every year as per section 6.3.1. 6.3.5. Solid Waste Disposal Cost Adjustment Contractor may also adjust service rates for all levels of service based upon the change in the annual disposal cost of Solid Waste collected by Contractor WACOD Adjustment"). Commencing with the second full twelve month Adjustment Period after any "Exercise Date" pursuant to Section 5.5, and for each Adjustment Period thereafter (each, a "Comparison Period"), the Contractor shall determine the change in the annual disposal cost of Solid Waste collected by Contractor during such Comparison Period as compared to the fust full twelve month Adjustment Period after the Exercise Date ("Base Period"). If the of Solid Waste collected for such Comparison Period has changed by more than five percent (5%) from the Base Period, Contractor shall prepare a WACOD Adjustment calculation worksheet ("WACOD Adjustment Statement") that calculates the WACOD Adjustment to the service rates pursuant to the formula set forth in Exhibit D. The WACOD Adjustment of the service rates shall be adjusted concurrently with annual adjustments to service rates pursuant to Section 6.3.1, with the first month of January two years after the Exercise Date being the first potential date for an adjustment pursuant to this section. Concurrently with the Statement provided to the City pursuant to Section 6.2.1, the Contractor shall submit to the City for review and approval the WACOD Adjustment Statement calculating the adjustment to new rates for the next year, which statement shall show the calculations required in this Section. The City shall have sixty (60) days to confirm the Contractor's WACOD Adjustment to the service rates. Upon receipt of the City's approval of the WACOD Adjustment Statement, which shall not be unreasonably withheld or delayed, the WACOD Adjustment to the service rates shall take effect on January 1" of the subsequent year. 6.3.6. Tax Additive The State Refuse Collection Tax (currently at 3.6%) and any applicable City Taxes shall be added to the rates specified for each class of service and may be identified separately and as additive to said rate on each billing service. 6.3.7. Other Modifications Contractor may apply to the City for rate adjustments that result from increases in the cost of operations arising during the Term of the Agreement. Contractor shall submit a written request to adjust the rates not more than ninety (90) days and not Comprehensive Solid Waste Collection Agreement Page 22 Page 89 of 385 less than sixty (60) days prior to the proposed effective date of the requested change. The City shall promptly consider such proposed rate change with consideration of historical and industry -wide profit levels and rate making methodologies utilized by the Washington State Utilities and Transportation Commission. 6.3.8. Changes in Impositions or Other Laws If the City, county, state or federal authorities impose new taxes, fees or surcharges or change the rates of existing taxes, fees or surcharges after the Commencement Date, or there are other changes in federal, state or local laws or regulations, and the impact of these changes results in increased or decreased Contractor costs, Contractor and City shall enter into good faith negotiations to determine whether compensation adjustments are appropriate and if so, to determine the amount and the method of adjustment. If the City requires review of Contractor's financial or other proprietary information in conducting its rate review, at the request of Contractor, the City shall retain a third party to review such information at Contractor's expense, provided however, that Contractor may require such third party to execute a commercially reasonable confidentiality agreement. Any such additional financial review costs shall be considered allowable business expenses for future rates adjustment purposes. 6.3.9. Termination by Contractor If Contractor requests a rate adjustment pursuant to this Section 6 and the City fails to consent to such request for any reason within four (4) months of the date of Contractor's written request, Contractor may terminate this Agreement by giving written notice of termination to the City not less than four (4) months and not more than eight (8) months after the date of Contractor's written request for such rate adjustment. This Agreement shall terminate on the date set forth in Contractor's written notice of termination, which in no event shall be less than six 6) months from the date of Contractor's written notice of termination. 6.4. Billing for Solid Waste Services; Delinquent Accounts Contractor shall invoice, and shall be responsible for collecting, to and from each and every Customer within the City Service Area for the Solid Waste service plan selected by the Customer. Contractor shall cause each bill to include the following information: (i) Customer name; (ii) Contractor's Customer account information; (iii) service address; iv) service commencement and termination dates, as applicable; (v) billing period, (vi) date of the bill; (vii) Customer's service plan; (viii) date payment is due; (ix) date payment is delinquent; (x) charges for the Customer service plan; and (xi) additional charges, if any. Contractor shall bear the risk of collection. It is the intent of the parties that all issues relating to service and rates under this Agreement should be the responsibility of the Customer, Contractor and the City, and no third party shall have standing to request, speak or represent issues of service in the City Service Area except Comprehensive Solid Waste Collection Agreement Page 23 Page 90 of 385 for the direct Customer, Contractor or the City. Notwithstanding the foregoing, the City reserves the right as provided in Pasco City Code Section 6.04.3 10 to assume the obligation of billing Customers within the City Service Area for Solid Waste services provided by Contractor hereunder. If the City elects to provide such service, the City shall give Contractor six (6) months prior written notice. The parties shall negotiate in good faith the terns and conditions of the transfer of such service to the City, including without limitation, the City assuming the risk of collecting payments. 6.5. Delinquent Accounts and Other Customer Defaults Contractor shall have any and all remedies provided under Pasco Municipal Code Chapter 6.04 and, as applicable, Washington law and regulations, with respect to delinquent accounts and other defaults by Customers, including without limitation, refusing or terminating Solid Waste service, but excluding those remedies in the City's code expressly reserved to the City. The City shall assume no responsibility for the collection of any amount due by a Customer, provided however, that the City shall cooperate in good faith with Contractor in the enforcement of Contractor's rights and remedies to collect any delinquent accounts or cure defaults as may be provided under Pasco Municipal Code Chapter 6.04. Contractor shall provide the City on a monthly basis a report of all service terminations during the previous month. 7. PERFORMANCE FEES, DEFAULT AND 7.1. Performance Fees In the event that Contractor fails to meet any performance obligation set forth in this Agreement, the City shall give written notice to Contractor regarding such failure, in which case Contractor shall promptly take such corrective action to remedy the issue raised in the City's written notice. In addition, City reserves the right to impose the following fines if Contractor fails to meet certain obligations as provided in this Agreement. ACTION OR OMISSION AMOUNT Collection before or after the times Fifty Dollars ($50) per truck route (each specified in this Agreement, except as truck on each route is a separate incident). expressly permitted by the City. Failure to collect missed materials within Fifty Dollars ($50) per incident to a one (1) business day after receipt of maximum of Five Hundred Dollars notice. 500) per truck per day. The performance fees schedule set forth here shall not affect the City's ability to terminate this Agreement as provided in Section 7.2, provided however, the City acknowledges that the performance fees described in this section are an adequate remedy Comprehensive Solid Waste Collection Agreement Page 24 Page 91 of 385 for the above named defaults, and the City may not terminate this Agreement for any of the defaults described in this section unless Contractor has incurred performance fees in excess of $25,000.00 each month for at least three (3) consecutive calendar months. Contractor shall pay such performance fees within thirty (30) days of demand therefore from the City. The City shall provide Contractor with reasonably acceptable documentation supporting such performance fees together with the City's demand therefore. Contractor may appeal any performance fees imposed under this section to the City Manager of the City of Pasco, to whom Contractor shall be allowed to present evidence as to why the amount of performance fees should be lessened or eliminated. 7.2. Default and Remedies If Contractor abandons or materially breaches its obligations hereunder or fails to fully and promptly comply with all of its provisions or fails to give reason satisfactory to the City for noncompliance, the City may then declare Contractor to be in default of this Agreement and notify Contractor of such default and shall provide Contractor with thirty 30) days to cure such default. If Contractor fails to cure such default in a timely manner, the City may thereafter give notice of termination to Contractor and its surety. Upon receipt of any such notice, this Agreement shall terminate. 8. NOTICES Any notice required or permitted to be given under this Agreement shall be in writing and may be given by personal delivery, by certified mail, or by air courier, and if given personally or by mail, shall be deemed sufficiently given if addressed to the City or to Contractor at the following address: The City: City of Pasco P.O. Box 293 525 N. Third Ave. Pasco, WA 9930 Attn: City Manager To Contractor: Basin Disposal, Inc. 2021 North Commercial Avenue Pasco, WA 99302-3850 Attn: Darrick Dietrich Mailed notices shall be deemed given on the fifth (5th) business day following deposit in the United States mail, certified postage prepaid. Notices delivered personally or by air courier shall be deemed given upon receipt. Either party may by written notice to the other specify a different address for notice purposes. Comprehensive Solid Waste Collection Agreement Page 25 Page 92 of 385 9. INSURANCE AND BOND REQUIREMENTS 9.1. General Insurance Requirement Contractor shall procure and maintain, at its sole expense, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the services provided under this Agreement by Contractor, its agents, representatives, employees or subcontractors, as provided in this Section 9. Contractor's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 9.2. Minimum Scope of Insurance Contractor shall obtain insurance that meets or exceeds the following requirements: i) Automobile Liability insurance covering all owned, non -owned, hired, and leased vehicles. The policy shall be endorsed to provide contractual liability coverage. The City shall be named as an additional insured under Contractor's Automobile Liability insurance policy with respect to the work performed for the City. ii) Commercial General Liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85, or its equivalent. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. iii) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv) Hazardous Waste Hauling. To the Automobile Liability Minimum Scope of Insurance, Pollution Liability coverage at least as broad as that provided under ISO Pollution Liability -Broadened Coverage for Covered Autos Endorsement CA 99 48 and the Motor Carrier Act Endorsement (MCS 90) shall be attached. 9.3. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: i) Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. ii) Commercial General Liability insurance shall be written with limits no less than 2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -completed operations aggregate limit. Comprehensive Solid Waste Collection Agreement Page 26 Page 93 of 385 9.4. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions in excess of $50,000 must be declared to and approved by the City, which approval shall not be unreasonably withheld. In the event the deductibles or self-insured retentions are not acceptable to the City, the City reserves the right to negotiate with Contractor for changes in coverage deductibles or self-insured retentions; or alternatively, require Contractor to provide evidence of other security guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.5. Other Insurance Provisions The insurance policies shall contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: i) Contractor's insurance coverage shall be the primary insurance with respect to the City, its officials, employees and agents. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of Contractor's insurance and shall not contribute with it. ii) Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. iii) Contractor's insurance shall be endorsed to state that coverage shall not be cancelled unless the City is given prior written notice as provided under RCW 48.18.290. 9.6. Acceptability of Insurers Contractor shall secure insurance policies from insurers with a current A.M. Best rating of not less than A: VII. 9.7. Verification of Coverage Contractor shall furnish the City with original certificates including, but not necessarily limited to, the additional insured endorsements, evidencing the insurance policies required pursuant to this Article 9 prior to the Commencement Date. 9.8. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor before commencement of the work. All coverages for subcontractors shall be subject to the same insurance requirements as stated herein for Contractor. 9.9. Performance Bond/Surety Contractor shall provide and maintain at all times a valid Contractor's Performance and Comprehensive Solid Waste Collection Agreement Page 27 Page 94 of 385 Payment Bond or bonds, letter of credit or other similar instrument acceptable to and approved in writing by the City in the amount of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00). The bond, letter of credit or other similar instrument shall be issued for a period of not less than one year, and Contractor shall provide a new bond, letter of credit or similar instrument, and evidence satisfactory to the City of its renewability, not less than sixty (60) days prior to the expiration of the bond, letter of credit or other similar instrument then in effect. The City shall have the right to call the bond, letter of credit or other similar instrument in full in the event its renewal is not confirmed at least five (5) days before its expiration. 10. GENERAL TERMS 10.1. Indemnification 10.1.1. Indemnify and Hold Harmless Contractor shall indemnify, hold harmless and defend the City, its elected officials, officers, employees, agents and representatives, from and against any and all claims, actions, suits, liabilities, losses, costs, expenses, and damages of any nature whatsoever, including costs and attorney's fees in defense thereof, or injuries, sickness or death to persons, or damage to property, which is caused by or arises out of Contractor's exercise of duties, rights and privileges granted by the Agreement, provided, however, that Contractor's obligation to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from concurrent willful or negligent acts or actions of Contractor and the City shall apply only to the extent of Contractor's negligence. 10.1.2. Notice to Contractor; Defense In the event an action is brought against the City for which indemnity may be sought against Contractor, the City shall promptly notify Contractor in writing. Contractor shall have the right to assume the investigation and defense, including the employment of counsel and the payment of all expenses. On demand of the City, Contractor shall at its own cost and expense defend, and provide qualified attorneys reasonably acceptable to the City to defend, the City, its officers, employees, agents and servants. The City shall fully cooperate with Contractor in its defense of the City, including consenting to all reasonable affirmative defenses and counterclaims asserted on behalf of the City. The City may employ separate counsel and participate in the investigation and defense, but the City shall pay the fees and costs of that counsel unless Contractor has agreed otherwise. Contractor shall control the defense of claims (including the assertion of counterclaims) against which it is providing indemnity under this section, and if the City employs separate counsel the City shall assert all defenses and counterclaims reasonably available to it. Comprehensive Solid Waste Collection Agreement Page 28 Page 95 of 385 10.1.3. Industrial Insurance Immunity Waiver With respect to the obligations to hold harmless, indemnify and defend provided for herein, as they solely relate to claims against the City, its elected officials, officers, employees, agents and representatives, Contractor agrees to waive Contractor's immunity under industrial insurance, Title 51 RCW, for any injury, sickness or death suffered by Contractor's employees that is caused by or arises out of Contractor's negligent exercise of rights or privileges granted by the Agreement. 10.2. Transfer of the Contract 10.2.1. Assignments, Subcontracts and Delegations Contractor shall not assign or subcontract any of the work or delegate any of its duties under this Agreement without the prior written approval of the City and submittal of proof of insurance coverage. When requested, approval by the City of a subcontract or assignment shall not be unreasonably withheld. In the event of an assignment, subcontracting or delegation of duties, Contractor shall remain responsible for the full and faithful performance of this Agreement and the assignee, subcontractor, or other obligor shall also become responsible to the City for the satisfactory performance of the work assumed. The City may condition approval upon the delivery by the assignee, subcontractor or other obligor of its covenant to the City to fully and faithfully complete the work or responsibility undertaken. In addition, the assignee, subcontractor or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Agreement. 10.2.2. Changes in Control If Contractor is a corporation, limited liability company or limited liability partnership, then any transfer of this Agreement by merger or consolidation, or any change in the ownership of, or power to vote, the majority or controlling interest of its outstanding voting stock, membership interest, or limited partnership interests, or in the controlling interest at any tier in the ownership structure of Contractor, or change of the manager or general partner for LLCs and LPs, respectively, shall constitute an assignment for the purpose of this section. If Contractor is a partnership, then any transfer of any partnership interest shall constitute an assignment for the purpose of this section. Any transfer of this Agreement by (i) merger or consolidation, (ii) any change in the ownership of, or power to vote, the majority or controlling interest of its outstanding voting stock, membership interest or limited partnership interest, as applicable, (iii) any entity succeeding in the business and assets of Contractor, (iv) any transfer to an entity that controls or is under common control with Contractor, or (v) any transfer to a subsidiary or affiliate shall not be considered an assignment requiring the City's consent, provided however, that in each case described above such entity has Comprehensive Solid Waste Collection Agreement Page 29 Page 96 of 385 equal or greater financial net worth than Contractor on the date of transfer, such entity remains in the control of Darrick Dietrich, the transferee assumes all obligations under this Agreement and that written notification of the transfer, including a copy of the transfer documentation, is provided to the City at least fifteen (15) days prior to the transfer. For purposes of this section, the term control" shall mean ownership of more than 50% of the outstanding voting stock, membership interest or partnership interest. 10.3. Legal 10.3.1. Laws to Govern/Venue This Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Venue shall be in Superior Court in the State of Washington for Franklin County. 10.3.2. Attorney Fees The Contractor agrees to pay reasonable attorney fees in the event the City is required to retain an attorney to enforce the Contractor's obligations here under. 10.3.3. Arbitration Any disputes in the first instance shall be directed to the Director of Community Development for resolution. All unresolved disputes with respect to the handling of complaints under this agreement shall be submitted to the City Manager for final resolution. 10.4. Compliance With Laws Contractor shall comply with all applicable federal, state, county, and local laws, statutes, rules, regulations or ordinances, including without limitation, all health and environmental regulations and standards applying to the collection, transport and disposal of Solid Waste. Contractor shall also comply with all applicable requirements of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and the standards and regulations issued pursuant to these statutes from time -to -time. 10.5. Non -Discrimination Contractor shall not discriminate against any employee or applicant for employment because of age, race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. Contractor understands and acknowledges that if it violates this non-discrimination provision and fails to cure such violation to the satisfaction of the EEOC or state agency having Comprehensive Solid Waste Collection Agreement Page 30 Page 97 of 385 jurisdiction, including without limitation, compliance with all terms and conditions set forth in a settlement agreement, this Agreement may be terminated by the City with thirty 30) days prior written notice. 10.6. Permits and Licenses Contractor shall secure all necessary business permits and licenses necessary to provide the Solid Waste services described herein. Contractor shall duly pay all applicable taxes, fees and charges incurred, including, but not limited to, license fees and all federal, state, regional, county and local taxes and fees, including income taxes, property taxes, permit fees, operating fees, business and occupation taxes, workers' compensation and unemployment benefits, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies or activities related to Contractor's services provided under the Agreement. 10.7. Relationship of Parties The City and Contractor expressly acknowledge that the relationship between Contractor and the City shall at all times be as an independent contractor of the City. No agent, employee, servant or representative of Contractor shall be deemed to be an employee, agent, servant or representative of the City. 10.8. Bankruptcy If (i) Contractor makes any general arrangement or assignment for the benefit of creditors; (ii) Contractor becomes a "debtor" as defined in 11 U.S.C. § 101 or any successor statute (unless, in the case of a petition filed against Contractor, the same is dismissed within ninety (90) days); or (iii) the appointment of a trustee or receiver to take possession of substantially all of Contractor's assets, where possession is not restored to Contractor within ninety (90) days, the City may terminate this Agreement upon giving Contractor written notice thereof In the event that any provision of this section is contrary to any applicable law, such provision shall be of no force or effect. 10.9. Right to Renegotiate or Amend The City shall retain the right to renegotiate this Agreement or negotiate an amendment based on subsequent changes in and to federal, state, county or city laws, regulations or policies that materially modify the terms and conditions of this Agreement, provided however, that the City may not modify the Rate Schedule or the terms by which service rates are determined. This Agreement may be amended, altered or modified only by a written amendment, alteration or modification, executed by authorized representatives of the City and Contractor. Comprehensive Solid Waste Collection Agreement Page 31 Page 98 of 385 10.10. Force Majeure 10.10.1 Force Majeure Events If any Force Majeure event occurs that is not in the direct control of Contractor and which results in a detrimental effect or a material hardship to Contractor in the performance of this Agreement, Contractor may request to make an adjustments to one or more of the Solid Waste service rates or other fees included in the Rate Schedule by providing written notice to the City together with an explanation of the need for such rate adjustments arising from such Force Majeure event. Contractor shall submit such written request not more than ninety (90) days and not less than sixty (60) days prior to the proposed effective date of the requested service rate change, and the City shall promptly consider such proposed rate change. If the City requires review of Contractor's financial or other proprietary information in conducting its rate review, at the request of Contractor, the City shall retain a third party to review such information at Contractor's expense, provided however, that Contractor may require such third party to execute a commercially reasonable confidentiality agreement. Any such additional financial review costs shall be considered allowable business expenses for future rates adjustment purposes. 10.10.2 Force Majeure Occurrences of Non -Default Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if Contractor's performance is prevented or delayed by acts of terrorism, acts of God including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, wars, blockades, public riots, explosions, unavailability of required materials or disposal restrictions, governmental restraint or other causes, whether of the kind enumerated or otherwise, that are not reasonably within the control of Contractor Force Majeure"). If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations under this Agreement, Contractor shall promptly give the City written notice of the Force Majeure event, describing it in reasonable detail. Contractor's obligations under this Agreement shall be suspended, but only with respect to the particular component of obligations affected by the Force Majeure event and only for the period during which the Force Majeure event exists. 10.11. Illegal Provisions/Severability If any provision of this Agreement shall be declared illegal, void, or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 10.12. Waiver No waiver of any right or obligation of either party hereto shall be effective unless in Comprehensive Solid Waste Collection Agreement Page 32 Page 99 of 385 writing, specifying such waiver, and executed by the parry against whom such waiver is sought to be enforced. A waiver by either party of any of its rights under this Agreement on any occasion shall not be a bar to the exercise of the same right on any subsequent occasion or of any other right at any time. 10.13. Entirety This Agreement and the exhibits attached hereto represent the entire agreement of the City and Contractor with respect to the services to be provided under this Agreement. No prior written or oral statement or proposal shall alter any term or provision of this Agreement except as provided herein. WITNESS THE BASZ DISPOSAL, INC. b- 19 Darrick Dietrich, President HEREOF on the day and year first herein above written. CITY OF PASCO Matt Watkins, Mayor A E 0 ebbie Clark, City Clerk Comprehensive Solid Waste Collection Agreement Page 33 Page 100 of 385 Exhibit A Definitions Agricultural Processed Waste: "Agricultural Processed Waste" means any waste which consists exclusively of the remainder and residue of processed fruit or vegetables. Base Tonnage: "Base Tonnage" means the original 1,500 tons of solid waste services transported and removed by the Contractor to the City without any direct cost. Biomedical Waste: `Biomedical Waste" has the same meaning set forth in WAC 480-70-041. Bulky Materials: "Bulky Materials" means bags, boxes, or bundles, or empty carriers, cartons, boxes, crates, etc., or materials offered for disposal, all of which may be readily handled without shoveling (not loose, uncontained materials). Individual items shall not exceed two feet by two feet by five feet (2' x 2' x 5') in dimension, and not weight more than 65 pounds. Charge: "Charge" means a set flat fee for performing a service. Or, the result of multiplying a rate for a unit times the number of units transported. City: "City" means the City of Pasco, Franklin County, Washington. City Service Area: "City Service Area" means the current corporate limits of the City, excluding only those areas for which a different Solid Waste collection company is providing Solid Waste service pursuant to a pre-existing franchise or permit. Commercial Customer: "Commercial Customer" means all non -Residential Customers, including but not limited businesses, institutions, governmental agencies, and all other users, including occupants of Residences, Mobile Home Parks, Multi -Family Complexes and Mixed - Use Buildings, of commercial -type Solid Waste collection services. Compactor Disconnect/Reconnect Charge: "Compactor Disconnect/Reconnect Charge" means a flat fee established by the solid waste collection company for the service of disconnecting a compactor from a drop box or container before taking it to be dumped, and then reconnecting the compactor when the drop box or container is returned to the customer's site. Container: "Container" means any Detachable Container, Drop -Box Container, or wheeled cart owned and provided by Contractor. Contractor: "Contractor" means Basin Disposal, Inc. Curb or Curbside: "Curb" or "Curbside" means a location on a Residential Customer's property within five (5) feet of a Public Street or Private Road without blocking sidewalks, driveways or on -street parking. Comprehensive Solid Waste Collection Agreement, Exhibit A Page I Page 101 of 385 Customer: "Customer" means all entities or persons required to utilize Solid Waste services within the City Service Area, including property owners, property managers and tenants, or as otherwise defined in Pasco Municipal Code Chap. 6.04. Detachable Container: "Detachable Container" means a watertight metal or plastic Container equipped with a tight -fitting cover, capable of being mechanically unloaded into a collection vehicle, and that is not less than one and a half (1.5) cubic yards or greater than eight (8) cubic yards in capacity. Drop -Box Container: "Drop -Box Container" means an all -metal Container with ten (10) cubic yards or more capacity that is loaded onto a specialized collection vehicle, transported to a disposal or recycling site, emptied and transported back to the Customer's site. Exercise Date: "Exercise Date" means the date that the City counter signed the Contractor's proposal that the City requested under section 5.5 (Recyclable Materials and Green Waste) of this contract. Gate Charge: "Gate Charge" means a flat fee charged for opening, unlocking, or closing gates in order to pick up solid waste. Garbage: "Garbage" means all putrescible Solid Waste. Hazardous Waste: "Hazardous Waste" means any substance that is: A. Defined as hazardous by 40 C.F.R. Part 261 and regulated as Hazardous Waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA. B. Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely Hazardous Waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW. C. Hazardous Waste shall not include any materials defined as Household Hazardous Waste. Household Hazardous Waste: "Household Hazardous Waste" has the same meaning set forth in RCW 70.102.010(2), together with any applicable regulations promulgated by the Washington Department of Ecology pursuant thereto. Loose Material: "Loose Material" means material not set out in bags or containers, including materials that must be shoveled. Comprehensive Solid Waste Collection Agreement, Exhibit A Page 2 Page 102 of 385 Mixed Paper: "Mixed Paper" means magazines, junk mail, phone books, bond or ledger grade paper, cardboard, paperboard packaging, paper cups and other fiber -based materials meeting industry standards, but excluding tissue paper, paper towels, food -contaminated paper or paper packaging combined with plastic, wax and foil. Mixed -Use Building: "Mixed -Use Building" means a structure inhabited by both Residential and Commercial Customers. Mobile Home Park: "Mobile Home Park" shall mean a parcel of land which has been planned, improved or is currently used for the placement of mobile homes and contains more than one (1) mobile home lot. Mobile Home Parks shall be billed collectively for collection service. Multi -Family Complex: "Multi -Family Complex" means a multiple -unit Residence with three or more attached units and billed collectively for collection service. Packer: "Packer" means a device or vehicle specially designed to pack loose materials. Pass Through Fees: "Pass Through Fees" means a fee collected by a solid waste collection company on behalf of a third parry when the fee is billed directly to the customer without markup or markdown. Permanent Service: "Permanent Service" means Container and drop -box service provided at the customer's request for more than 90 days. Private Road: "Private Road" means a privately owned and maintained right of way or access easement that allows for access by a service vehicle and that serves multiple Residences. Public Street: "Public Street" means a public right-of-way or easement maintained by the City, County or the State and used for travel by the public. Rate: "Rate" means a price per unit or per service. A rate is multiplied times the number of units or services. Recyclable Materials: "Recyclable Materials" means materials consisting of aluminum cans and foil; corrugated cardboard; tin cans; recyclable plastic containers that did not contain Biomedical Waste, Hazardous Waste or Household Hazardous Waste; Mixed Paper; newspaper; and such other materials that the City and Contractor may determine from time to time to be recyclable and are otherwise consistent with all applicable ordinances or comprehensive solid waste plans of the City, if any. Residence/Residential: "Residence" or "Residential" mean a living space, with a kitchen, individually rented, leased or owned. Residential Cart: "Residential Cart" means a 64- or 96- gallon wheeled cart suitable for deposit, storage and collection of Solid Waste. Comprehensive Solid Waste Collection Agreement, Exhibit A Page 3 Page 103 of 385 Residential Customer: "Residential Customer" means all Customers residing in a Single - Family Residences. Service Accord: "Service Accord" means limited services that the Contractor agrees to provide to The City as described in Exhibit "E" Single -Family Residence: "Single -Family Residence" means all one -unit houses, each living unit of a duplex if billed individually, and mobile homes that are billed for collection service individually and located on a Public Street or Private Road, and not part of a Mobile Home Park. Solid Waste: "Solid Waste" shall have the same meaning set forth in RCW 70.95.030, but shall not include Biomedical Waste, Hazardous Waste or Household Hazardous Waste. If and when the City permits a separate collection service for Recyclable Materials and Green Waste at City's request or under the jurisdiction of the WUTC, Recyclable Materials and Green Waste shall be deemed to be separate categories of Solid Waste where expressly provided in this Agreement. Special Pickup: "Special Pickup" means a pick-up requested by the customer at a time other than the regularly scheduled pick-up time, that requires the special dispatch of a truck. If a special dispatch is required, the company will assess time rates established in the Contractor's Exhibit. Solid Waste Unit: "Solid Waste Unit" means a receptacle made of durable, corrosion -resistant, nonabsorbent material that is watertight, and has a close -fitting cover and two handles, or is a bag, box, or bundle that contains Solid Waste. A Solid Waste Unit can hold no more than thirty- two gallons or four cubic feet of Solid Waste, and weigh no more than 65 pounds when filled. In addition, a Solid Waste Unit shall not exceed two feet by two feet by five feet (2' x 2' x 5') in dimension. Unlocking: "Unlocking" means a flat fee imposed by a solid waste collection company when the company's personnel must unlock padlocks or other locking devices to perform pickup services. WUTC: "WUTC" means the Washington Utilities and Transportation Commission. Comprehensive Solid Waste Collection Agreement, Exhibit A Page 4 Page 104 of 385 Exhibit B City Service Area O , N o POWSPLIREROAD CITYLIMITS .' 3 I SARDIF PPRWV POb E2 8 D°a iya3 r CI LIMITS vK N p0JS WRTS 1183 ' , . yOt CW E L ffi 3 OOZ I AV m MA •• City of Pasco City Limits 2015 Comprehensive Solid Waste Collection Agreement, Exhibit B Page 1 Page 105 of 385 Exhibit C Rate Schedule 30 -Oct -15 Page 2 Index of Items Comprehensive Solid Waste Collection Agreement, Exhibit C Page 1 Pace Index Index by Rem 2 Index Index by Topic 3 Item 5 Application of Rates - Taxes 4 Item 40 Material Requiring Special Equipment, Precautions, or Disposal 5 Item 45 Material Requiring Special Testing andior Analysis 5 Item 50 Returned Check Charges 5 Item 51 Restart Fees 6 Item 53 New Customer Prepayments 6 Item 70 Return Trips 7 Item 80 Carryout Service 8 Item 100 Residential Can/Unit Service, Curbside Recycling, Greenwaste Service 9 Item 100 Residential Can/Unit Service, Curbside Recycling, Greenwaste Service 10 Item 150 Loose and/or Bulky Material 11 Item 160 Time Rates 12 Item 200 Application of Detachable Container and/or Drop Bar Rates - General 13 Item 205 Roll -Out Charges - Residential Carts and Detachable Containers 14 Item 207 Excess Weight - Rejection of Load, Overweight Charges to Transport 15 Item 210 Washing and Sanitizing Residential Carts, Detachable Containers and Drop Boxes 16 Item 230 Disposal Fees 17 Item 240 Container Service - Non compacted Cart 18 Item 240 Container Service - Nonoorrpacted Container 19 Item 255 Container Service - Compacted - Customer -owned Container 21 Item 260 Drop Box Service - Non -Compacted - Company -Owned Drop Box 22 Item 270 Drop Box Service - Compacted - Company -Owned Drop Box 23 Comprehensive Solid Waste Collection Agreement, Exhibit C Page 1 Page 106 of 385 30 -Oct -15 Page 3 Index ofTooic Comprehensive Solid Waste Collection Agreement, Exhibit C Page 2 Item No Page Ind" by Item............................................................................................................... 2 Indexby Topic.............................................................................................................. 3 BulkyA4aterial............................................................................................................. 150 11 Catryoutservice........................................................................................................... 80 8 Detachable Container service, cempacwd.............................................................................. 255 21 Detachable Container service, non-compacted,....................................................................... 240 18 Detachyable Containers and/or Drop Boxes, availability. .. . ............................................... 200 13 Detachable Containers and/or Drop Boxes, general riles ..................................... _--- 200 13 Detachable Containers and/or Drop Boxes, washing and sanitizing..................... ...... 210 16 Prepayments............................................................................................................... 53 6 Disposalfew.............................................................................................................. 230 17 Dropbcx service, Compacted,.. ........... ....... ......... .................................. ........... 270 23 Drop -Box service, Non -Compacted, ................................................................................... 260 22 Excess Weight - Rejection of Load, Overweight Charges to Transport .................. _....................... 207 15 ResidentialService............ ..................................................................... ..... 100 9 RestartFees................................................................................................................. 51 6 ReturnTrips................................................................................................................ 70 7 Roll-out charges............................................................................................................ 205 14 Timerates.................................................................................................................. 160 12 Comprehensive Solid Waste Collection Agreement, Exhibit C Page 2 Page 107 of 385 30 -Oct -15 Page Items Item 5 — Application of Rates — Taxes Entity intosis tax: I Desai tion I Amount of tax: I Application Commodities Note 1: The rates defined within this Exhibit C include the Pasco Utility Tax Of 8.5%. Note 2: The Washington State Solid Waste Tax will be applied as a line item to the rates as defined within this Exhibit C. Comprehensive Solid Waste Collection Agreement, Exhibit C Page 3 Page 108 of 385 30-0ct-15 page Items 40.45.50 Item 40 --Material Requiring Special Equipment Precautions. or Disposal Transportation of solidwasm requiring special equipment or precautions in handling or disposal will be subject to Time Rates named in Item 160, or to other specific tate contained in this appendec. Contractor will make every effort to be aware of the commodities that require special handling at the disposal sites. The Contractor shall maintain a list of those commodities and make it available for public inspection at the Contractor's office. Item 45 -- Material Requiring Special Testing and/or Analysis When the Contractor or disposal facility determines that testing and/or analysis of solid waste is required to determine whether dangerous or prohibited substance ars present, the actual cost for such testing and/or analysis will be paid by the customer. At the Contractor's election, they may help provide the customer with testing and/or analysis of the dangerous or prohibitedsubstance. If the Contractor elects to help with the testing and analysis, these costs will be passed through to the customer. Item 50 --Returned Check Charges Returned Check Charge. If a customer pays with a check, and the customer's bank refuses to honor that check, the customer will be assessed a Return Check Charge in the amount of $35.00. Comprehensive Solid Waste Collection Agreement, Exhibit C Page 4 Page 109 of 385 30.Oc1-15 Page Items 51 and 53 Item 51-- Restart Charee A Restart Charge will be assessed on all customers whose service is discontinued for non-payment and who subsequently reinstate services. Restart Charges are as follows: A Restart Charge of $43.40 will be assessed to Residential Cart customers whose service is discontinued for non-payment. Please see Item 100. A Restart Charge of $43.40 will be assessed to Detachable Container customers whose service is discontinued fm non-payment. Please see Item 240. A Restart Charge of $43.40 will be assessed to Drop Box customers whose service is discontinued far non-payment. Please am Item 260. Item 53 -- Prepayments for Residential. Commercial. Drop Boz and Temporary Customers A Prepayment of $35.00 will be assessed to all first time (new) Residential Customers. The prepayment will be applied to the customer's account in the event of non-payment, after one year of service, or be returned to the customer upon termination of the residential service. Please am Item 100. A Prepayment is equal to the first month's cost of service, and will be assessed to all first time new) Commercial Customers. The prepayment will be applied to the customer's account in the event of non-payment, after one year of service, or be returned to the customer upon termination of the commercial service. Please ace Item 240 & 255. A Prepayment of $250.00 will be assessed to first time (new) Drop Box Customers. The prepayment will be applied to the customer's account in the event of non-payment, after one year of service, or be returned to the customer upon termination of the Drop Box service. Please see Item 260 & 270. A Prepayment will be assessed for each given Temporary Service, and will be assessed at the time the customer signs up for the Temporary Service. The Prepayment will be applied to the customer's account upon termination of the Temporary Service. Please see Items 240 & 260 Comprehensive Solid Waste Collection Agreement, Exhibit C Page 5 Page 110 of 385 30 -Oct -15 Page Item 70 Item 70 --Return reins When the Contractor is required to make a Return Trip, that does not require the special dispatch of a muck, to pick up material that was unavailable for collection fm reasons under the control of the customer, the following additional charges, per pickup, will apply: Type of Container Return Trip Char¢e Residential Cart (Senior only 64 gallons ............. 8 11.00 Residential Cart, 96 gallons ............. S 11.00 Detachable Container (Container) ............. S 21.85 Comprehensive Solid Waste Collection Agreement, Exhibit C Page 6 Page 111 of 385 30 -Oct -15 Page Item 80 Item 80 -- Carry -Out Service Contractor will assets the following additional charges when customers request that Contractor personnel provide Carry -Out Service of Residential Cans/Units not placed at the curb, the alley, or other point where the Contraeim"s vehicle can be driven to within five feet of the Residential Cam/Units using improved access roads commonly available for public use. Driveways are not considered improved access roads commonly available for public use. Carry --Out Charm Commercial Rates Per Unit, Per Pickup 64 or 96 gallon Cart $ 3.25 thatmust be carried out over 5 feet, but not over 25 feet. Comprehensive Solid Waste Collection Agreement, Exhibit C Page 7 Page 112 of 385 30 -Oct -15 Page Item IN Item 100— Reddeutial Service—Monthly Rates (continued on next pave) Rates below apply in the following service area: City of Pearn Number of Units or Type of Residential Carta 1) 64 gallon Residential Cart (Senior/Low Income Only) 1) 96 gallon Residential Cart 1) Multi Family/Duplex 96 gallon Residential Cart Fath Additional 96 gallon Residential Cart Frequency Garbage Recycle Gmenwaste of Service Service Service Service Rate Rgtg Rate WG $ 9.22 AN/A #N/A WG $ 18.45 W/A #N/A WG $ 18.45 4N/A #N/A WG $ 1.90 W/A HN/A Frequency of Service Codes: WG --Weekly Garbage; NA=Service is not available at this time Comprehensive Solid Waste Collection Agreement, Exhibit C Page 8 Page 113 of 385 34Oct-15 Page 10 Item 100 Item 100-- Residential Service -- Monthly Rates (continued from previous nage) TvPe of service Rale prepayment Charge 35.00 Restart Charge 43.40 Return Trip Chsrge 11.00 Carry Ott service -up to 25jeet 3.25 Replacement Cart Charge 85.00 Retum Check Charge 35.00 FreonDisckarge Charge (Appliances) 35.00 passenger Tire Charge 5.00 Truck Tire Charge 10.00 Note 1: A Prepayment Charge of will be assessed to a fust time (new) Residential Customers. The prepayment will be applied to the custaner's accomrt in the event ofncn-payment, after one year of service, or be retumed to the customer upon termination of the residential service. Please see Item 53. Note 2: A Restart Charge will be assessed on all customers whose service is discontinued for non-payment and who subsequmWyreimtate services. Please see Item 51. Note 3: If the customer requests the Cordractor to make a Return Trip Charge due to no fault of Contractor, Contractor shall be permitted to charge the Customer a Return Trip Charge Please sea Item 70. Note 4: Contractor will assess additional charges (Item 80) when customers request that Contractor personnel provide Carry -Out Service of Residential Cam/Units not placed at the curb, the alley, or other point where the companys vehicle can be driven to within five feet of the Residential C tra/Units using improved access roads commonly available for public nae. Driveways are not considered improved access roads commonly available for public use. Note 5: If any aatomer who dostroys a Cart, does notretum the Cart upas termination, or service is shut off fm non-payment and they mfuse to surrender the Can a Replacement Cart Charge will be charged. Note 6: If a customer pays with a check, and the customers bank refuses to honor that check, the customer will be assessed a Return Check Charge. Note 7: If a customer requests Contractor to pick up any appliance that contains Freon the customer will be charged a Fmou Discharge Charge. Note 8: If a customer disposes of more than 4 passenger car tires, with or without rims, the Contractor will charge en additional passenger or Truck Tire Charge. Comprehensive Solid Waste Collection Agreement, Exhibit C Page 9 Page 114 of 385 30 -Oct -15 Page 11 Item 150 Item 150 — Units, Bulkv Material & Apoliances. Furniture Minimum Charge Rate Per Picku Solid Waste Urnt $ 3.80 per unit N/A Balky Materials $ 14.15 percubicyard $ 14.15 Appliances, Fumibae Items $ 14.15 per item $ 14.15 Freon Discharge Charge $ 35.00 per item N/A Note 1: "Slid Waste Units" and'Bulky Materials" charges only apply when items are not properly contained for collection as defined in section 5.1.1 of the contract Please see below referenced Notes 2 and 3 for definition of sizes and contahmrem of solid waste and bulky items. Note 2: "Bugg Materials" mems bags, boxes, or handles; or empty carriers, cartons, crates or materials offered for disposal all of which maybe readily handled without shoveling (rot loose, uncomnined materials). Individual items shall not exceed two feet by two feet by five feet (2 x 2' x 9) in dimension, and not weigh more than 65 pounds. Noce 3: "Solid Waste Unit" is defined in the Comprehensive Solid Waste Agreement, but generallymeare any individual receptacle, can, plastic bag, cart, box, carton, or other container that does not holds = than 32 gallons or 4 cu ft of solid waste, and which does not weight more than 65 pounds when filled Note 4: Appliances will be charged at the per item ate noted above. Bthe Appliance hes Freon, the Freon Discharge Charge will also be applied. Comprehensive Solid Waste Collection Agreement, Exhibit C Page 10 Page 115 of 385 30-0ct-15 Page 12 Item 160 Item 160 --Time Rates When time rates apply. Time Rates named in this Item apply: a) When material must be taken to a special site for disposal; b) When the Contractor's equipment must wait at, or return to, a customer's site to provide scheduled service due to no disability, fault or negligence on the part of the company. Actual waiting time or time taken in returning to the site will be charged for; or c) When a customer orders a single, special, or emergency pickup, or when other items in this tariff refer to this Item. How rates are recorded and charged. Time most be recorded and charged for to the nearest increment of 15 minutes. Time rates apply for the period from the time the Contractors vehicle leaves the terminal, until it returns to the terminal, or when it leaves its pre -scheduled route and drives towards the Customer's site, excluding interruptions. An interruption is a situation causing stoppage of service that is in the control of the company and not in the control of the customer. Examples include: work breaks, breakdown of equipment, and similar occurrences. Disposal fees in addition to time rates. Item 230 Disposal Fees for the disposal site or facility used will apply in addition to time rates. Rate Per Hour Each Ertra Minimum Type of Equipment ordered Truck and Driver Person Charge Single rear drive axle: $ 60.00 $ 40.00 $ 40.00 Tandem rear drive axle: S 95.00 $ 47.50 $ 47.50 Comprehensive Solid Waste Collection Agreement, Exhibit C Page 11 Page 116 of 385 30.Oct-15 Page 13 Item 200 Item 200 --Detachable Containers and/or Drop Boxes-- General Rules Availability. Contractor most maintain a supply of all sizes of Containers and Drop Boxes for which rates are listed in this Appendix. If a customer requests a Container or Drop Box of a size listed in the Contractor's Appendix, and the Contractor is unable to provide the requested size within 7 days of the customer request, the customer must be notified in writing or by telephone. Alternate -sized Containers and/or Drop Boxes. If the Contractor cannot provide the requested - sized Container or Drop Box (and that size is listed in this exhibit), the Contractor must provide alternate -sized Containers or Drop Boxes, sufficient to meet the capacity originally requested by the customer, at the same rates as would have applied for the requested Container or Drop Box. Disposal fees due on alternate -sized Drop Boxes. If the Contractor provides altemate-sized Drop Boxes, the customer is responsible for all applicable disposal fees resulting from the use of the alternate Drop Boxes. Rates on partially -filled Containers and/or Drop Boxes. Full pickup and rental rates apply regardless of the amount of waste material in the Container or Drop Box at pickup time. Rates for compacted materials. Rates for compacted material apply only when the material has been compacted before its pickup by the Contractor (Sce Section 4.25 of Contract). Rates for loose materiaL Loose material dumped into the Contractor's packer truck is subject to the rates for non -compacted material even though the material may be compacted later in the packer truck Permanent and Temporary Service. The following rules apply: a) If a customer requests a Container or Drop Box for less than 90 days, the customer will be billed at Temporary Service rates. b) If a Temporary Service customer notifies the Contractor that it has decided to retain the Container or Drop Box for more than 90 days, Permanent Service rates will be assessed from the 91st day until the end of the period the customer retains the Container or Drop Box. c) If a customer requests a Container or Drop Box for more than 90 days, the customer will be billed under permanent rates. If that customer cancels service before the end of the 90day period, the company may not rebill the customer at Temporary Service rates. The intent of the customer at the time service was requested applies. Comprehensive Solid Waste Collection Agreement, Exhibit C Page 12 Page 117 of 385 30 -Oct -15 Page 14 Item 205 Item 205-- Roll -Out Charge, and Gate CharQc Charges for Carts and Containers The Contractor will assess Roll -Out Charges where, due to circumstances outside of the control of the driver, the driver is required to move the Cart or Container mote than five (5) feet, but less than twenty-five (25) feet in order to reach the truck The charge for this Roll -Out Charge is: 3.25 per Cart or Container, Per pickup The Contractor will assess a Gate Charge where the driver is required to unlock a container, lorlang bar, enclosure or open a gate in order to access a Cart or Container. The charge for this Gate Charge is: per pimp Comprehensive Solid Waste Collection Agreement, Exhibit C Page 13 Page 118 of 385 30 -Oct -15 Page 15 Item 207 Item 207 -- Excess Weight — Reiectim of Loud. Chasers to Transport The Contractor reserves the tight to reject pickup of any Detachable Container, stationary packer, or Drop Box which, upon reasonable inspection: 1) Appears to be overloaded 2) Would cause applicable vehicle load limitations to be exceeded; 3) Would cause the eomparty to violate load limitations or result in unsafe vehicle operahcn; 4) Would negatively impact or otherwise damage road surface integrity; and/or 5) Contains anything that appears not to be MSW or could do damage to the vehicle. For the purposes of this Appendix the following mmrimum weights apply Type6l:e of Maximum Weight Container, Drop Boz, Allowance per or Cort Receptacle (m Pounds) Carts - 64 Gallon 120 lbs Carts - 96 Gallon 180 0s Detachable Containers - 1 to 8 on yds 1,200 lbs Drop Boxes - All Sizes 20,000 lbs Overfilled or overweight, charges if transported. If the Container, Drop Box, or Cart exceeds the limits stated above, is filled beyond the marked fill line, or the top is unable to be closed, bit the Contractor transports the materials, the following additional charges will apply. Type/Size of Container, Drop Boz, or Car! Chome Certs - All Sizes 5.00 Per Pickup Detachable Container - 1 to 8 cu yds 814.15 Per Yard Drop Boxes -AO Sizes 10.15 Per Yard Compacted material 28.30 Per Yard Comprehensive Solid Waste Collection Agreement, Exhibit C Page 14 Page 119 of 385 30 -Oct -15 Page 16 Item 210 Item 210 — Washing and Sanitizing Detachable Containers and/or Drop Boxes Upon customer request, the Contractor will provide washing and sanitizing service at the following rates: Size or Type of Container or Drop Boa Rate Stearn Cleaning -Detachable Container $ 40.50 Stearn Cleaning -Drop Box $ 100.50 Nota 1: The rate for washing and sanitizing Detachable Container; and Drop Boxes includes the fee for delivering the newly cleaned Detachable Container or Drop Box back to the customer's location Comprehensive Solid Waste Collection Agreement, Exhibit C Page 15 Page 120 of 385 30 -Oct -15 Page 17 Item 230 Item 230 — Disposal Fees Charges in this item apply when other items in this Appendix specifically refer to this item. Type of Material Fee for Disposal MSW 44.31 Green Waste NN/A Commingled Recycle NN/A Note 1: The Disposal Fee includes the Pasco Utility Tax of 8.5% Comprehensive Solid Waste Collection Agreement, Exhibit C Page 16 Page 121 of 385 30 -Oct -15 Page 18 Item 240 Item 240 — Commercial Cart Service — Dumped in Company's Vehicle Non -compacted Material Rates stated per Commercial Cart per month Service Area: City of Pasco Permanent Service Pickup - One Time per Week Pickup - Two Times per Week Special Pickups Additional Pickup Repan Trip Charge Restart Charge Temporary Service Delivery $ 11.00 $ 11.00 Pickup Rate $ 7.00 $ 12.97 Rent Per Calendar Day $ 5.50 $ 5.50 Prepayment $ 35.00 $ 35.00 Notel: Permanent Service: Service is defined as no less than scheduled, every week pickup, Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially -filled containers. Note 2: Permanent Service: A Prepayment of $35.00 will be assessed to all fust time new) Commercial Customers. The Prepayment will be applied to the customets account in the event of non-payment, after one year of service, or be returned to the customer upon terrnination of the commercial service. Note 3: Special Pickup is the Each Addt'l Pickup rate plus Item 70 Return Trip - Carts. Note 4: Restart subject to Item 51 - Restart Charges Note 5: A Prepayment will be assessed on Temporary Service accounts as noted above. Accessorial Charges (lids, unlockinm unlatching. etcl Note 6: A Gate Charge of $3.25 will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container. Note 7: A Return Trip Charge of $11_00 will be assessed when the company driver is required to make a return trip, that does not require the special dispatch of a truck, to pick up a Cart or material that was unavailable for collection for reasons under the control of the customer. Comprehensive Solid Waste Collection Agreement, Exhibit C Page 17 Size or Tvi a of Container 64 Gal Cart 96 Gal Cart F 21.70 40.15 43.40 80.30 16.00 20.27 5.00 9.27 11.00 11.00 43.40 43.40 Temporary Service Delivery $ 11.00 $ 11.00 Pickup Rate $ 7.00 $ 12.97 Rent Per Calendar Day $ 5.50 $ 5.50 Prepayment $ 35.00 $ 35.00 Notel: Permanent Service: Service is defined as no less than scheduled, every week pickup, Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially -filled containers. Note 2: Permanent Service: A Prepayment of $35.00 will be assessed to all fust time new) Commercial Customers. The Prepayment will be applied to the customets account in the event of non-payment, after one year of service, or be returned to the customer upon terrnination of the commercial service. Note 3: Special Pickup is the Each Addt'l Pickup rate plus Item 70 Return Trip - Carts. Note 4: Restart subject to Item 51 - Restart Charges Note 5: A Prepayment will be assessed on Temporary Service accounts as noted above. Accessorial Charges (lids, unlockinm unlatching. etcl Note 6: A Gate Charge of $3.25 will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container. Note 7: A Return Trip Charge of $11_00 will be assessed when the company driver is required to make a return trip, that does not require the special dispatch of a truck, to pick up a Cart or material that was unavailable for collection for reasons under the control of the customer. Comprehensive Solid Waste Collection Agreement, Exhibit C Page 17 Page 122 of 385 30 -Oct -15 Page 19 Item 240 Item 240 -Detachable Container Service -- Dumped in Company's Vehicle (continued) Non -compacted Material Rates stated per Detachable Container, per month Service Area: City of Pasco Size or Type of Container Permanent Service 1•5 Yard 2 Yard 3 Yard 4 Yard 6 Yard S Yard Pickup - One Time per Week $ 110.00 $ 130.00 $ 150.00 $ 185.00 $ 235.00 300.00 Pickup - Two Times per Week $ 212.00 $ 250.00 $ 290.00 $ 365.00 $ 465.00 585.00 Pickup - Three Times per Week $ 320.00 $ 375.00 $ 435.00 $ 540.00 $ 690.00 880.00 Pickup -Four Timesper Week $425.00 $495.00 $570.00 $705.00 $ 910.00 1,150.00 Pickup - Five Times per Week $ 520.00 $ 610.00 $ 705.00 $ 870.00 $ 1,140.00 1,425.00 Special Pickups $ 47.24 $ 51.85 $ 56.47 $ 64.55 $ 76.08 91.09 Additional Pickup $ 25.39 $ 30.00 $ 34.62 $ 42.70 $ 54.23 69.24 Return Trip Charge $ 21.85 $ 21.85 $ 21.85 $ 21.85 $ 21.85 21.85 Restart Charge $ 43.40 $ 43.40 $ 43.40 $ 43.40 $ 43.40 43.40 Temporary Service Delivery #N/A #N/A $ 21.85 $ 21.85 $ 21.85 21.85 Pickup Rate #N/A #N/A $ 55.25 $ 65.25 $ 80.25 100.25 Rent Per Calendar Day #N/A #N/A $ 5.50 $ 5.50 $ 5.50 5.50 Prepayment #N/A #N/A $ 125.00 $ 125.00 $ 125.00 125.00 Notel: Permanent Service: Service is defined as no less than scheduled, every week pickup. Customer will be charged for service requested, even if fewer containers am serviced on a particular trip. No credit will be given for partially -filled containers. Note 2: Special Pickup is the Each Addfl Pickup rate plus Item 70 Return Trip - Container Note 3: Restart subject to Item 51 - Restart Charges Note 4: Permanent Service: A Prepayment is equal to the first month's cost of service, and will be assessed to all first time (new) Commercial Customers. The prepayment will be applied to the customer's account in the event of non-payment, after one year of service, or be returned to the customer upon termination of the Commercial Service. Please see Items 240 and 255. Note 5: A Prepayment will be assessed of Temporary Service amounts as noted above. Comprehensive Solid Waste Collection Agreement, Exhibit C Page 18 Page 123 of 385 30 -Oct -15 Page 20 Item 240 Accessorial Charges (lids, unlocking. unlatchine. etc.) Note 6: A Gate Charge of ELM will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container. Note 7: A Return Trip Charge of $21_85 will be assessed when the company driver is required to make a return trip, that does not require the special dispatch of a Vick, to pick up a Container or material that was unavailable for collection for reasons under the control of the customer. Note 8: If customer requires a Locking Container, a one time fee of $%.00 will be assessed. Comprehensive Solid Waste Collection Agreement, Exhibit C Page 19 Page 124 of 385 30 -Oa -15 Page 21 Item 255 Item 255 -- Detachable Container Service -- Dumped in Company's Vehicle Compacted Material Rates stated per Detachable Container, per month Service Area: City of Pasco Note 2: Special Pickup is the Each Addfl Pickup rate plus Imm 70 Return Trip - Container. Note 3: Restart subject to Item 51 - Restart Charge. Nom 4: Permanent Service: A Prepayment is equal to the first month's cost of service, and will be assessed to all fust time (new) Commercial Customers. The prepayment will be applied to the customer's account in the event of non-payment, after one year of service, or be returned to the customer upon termination of the Commercial Service. Please see Items 240 and 255. Accessorial charges assessed (lids. unlockine. unlatching. etc.) Nom 5: A Gate Charge of $3_25 will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gam in order to access a Cart or Container. Nom 6: A Return Trip Charge of $21_85 will be assessed when the company driver is required to make a return trip, that does net require the special dispatch of a truck, to pickup a Can or Container or material that was unavailable for collection for reasons under the mnbnl of the cadnmer Nom 7: A D mmisnect(Reconnect Fee of $3.25 per pickup will be assessed when Containers are attached to a compactor that requires disconnecting or reconnecting. Comprehensive Solid Waste Collection Agreement, Exhibit C Page 20 Sim or Type of Container Permanent Service 2 Yard 3 Yard 4 Yard 6 Yard Pickup - One Time per Week 170.35 $ 205.35 $ 250.35 S 325.35 Pickup - Two Times per Week 340.70 $ 410.70 $ 500.70 $ 650.70 Special Pickups 61.19 $ 69.27 $ 79.67 $ 96.99 Additional Pickup 39.34 $ 47.42 $ 57.82 $ 75.14 Return Trip Charge 21.85 $ 21.85 $ 21.85 $ 21.85 Restart Charge 43.40 $ 43.40 $ 43.40 $ 43.40 Note 1: Permanent Service: Service is defmcd as no less than scheduled, every week pickup. Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially -filled containers. Note 2: Special Pickup is the Each Addfl Pickup rate plus Imm 70 Return Trip - Container. Note 3: Restart subject to Item 51 - Restart Charge. Nom 4: Permanent Service: A Prepayment is equal to the first month's cost of service, and will be assessed to all fust time (new) Commercial Customers. The prepayment will be applied to the customer's account in the event of non-payment, after one year of service, or be returned to the customer upon termination of the Commercial Service. Please see Items 240 and 255. Accessorial charges assessed (lids. unlockine. unlatching. etc.) Nom 5: A Gate Charge of $3_25 will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gam in order to access a Cart or Container. Nom 6: A Return Trip Charge of $21_85 will be assessed when the company driver is required to make a return trip, that does net require the special dispatch of a truck, to pickup a Can or Container or material that was unavailable for collection for reasons under the mnbnl of the cadnmer Nom 7: A D mmisnect(Reconnect Fee of $3.25 per pickup will be assessed when Containers are attached to a compactor that requires disconnecting or reconnecting. Comprehensive Solid Waste Collection Agreement, Exhibit C Page 20 Page 125 of 385 30 -Oct -15 Page 22 Item 260 Item 260 -- Drop Box Service -- To Disposal Site and Return Non -Compacted Material Rates stated per Drop Bos, per pickup Service Area: City of Pasco Temporary Service Delivery Charge 55.00 Size or Type of Container Permanent Service 11 Yard/15 Yard 20 Yard 30 Yard 40 Yard 50 Yard Delivery Charge 55.00 55.00 F 55.00 55.00 55.00 Haul Charge 140.00 145.00 150.00 160.00 170.00 Trip Charge 55.00 55.00 55.00 55.00 55.00 Minimum Monthly Charge 140.00 145.00 150.00 160.00 170.00 Prepayment 250.00 250.00 250.00 250.00 250.00 Restart Charge 43.40 43.40 43.40 43.40 43.40 Temporary Service Delivery Charge 55.00 55.00 55.00 55.00 55.00 Haul Charge 140,25 145.25 150.25 160.25 170.25 Trip Charge 55.00 55.00 55.00 55.00 55.00 Daily Rental Charge 7.50 7.50 7.50 7.50 7.50 Prepayment 250.00 250.00 250.00 250.00 250.00 Note l: Rates in Osis item are subjectio Disposal Fees named in Item 230. Note 2 Temporary Service: means providing Drop Box service at the custwnea's request, for a period of ninety days or less. Permanem Service: means Drop Boz service provided at customers request for more than 90 days. Note 3: For Penament Service accounts, if a Drop Box is retained by a customer for a full month and no pickups are ordered, a Minimum Monthly Charge will be assessed Note 4: Restart subject to Item 51 - Restart Charge - Drop Box. Note 5: Rates named in this item apply for all hauls within the City Limits of Pasco, to the disposal site. Any miles driven outside the City limits of Pasco will be charged for at 53.25 per mile. Mileage Charge is in addition to all regular charges. Note 6: A Prepayment will be assessed on Temporary Service accounts as noted above. Accessorial charges assessed Bids, unlocking, mlatchi ur, etc.) Note 7: A Gate Charge of S125 will be assessed on each pickup where the driver is required to unlock a container, lacking bar, enclosure or open a gate in order to access a Cart or Container. Noe g; A Trip Charge of SMA will be assessed when the company driver makes a trip to the custa nets location, but due to reasons under the control of the customer, was not able to complete the haul. Comprehensive Solid Waste Collection Agreement, Exhibit C Page 21 Page 126 of 385 3"ct-15 Page 23 Item 270 Item 270 -- Drop Box 5 -- To Disposal Site and Rem n Compacted Material Rates stated per Drop Box, per pickup Service Area: City of Pasco Note 1: Rales in this item are subject to Deposal Fees named in Item 230 Note 2: If a Drop Box is retained by a customer for a full mouth and no pickups are ordered, and the Drop Box is owned by the Contractor, a Monthly Charge will be assessed. Note 3: Restart subject to Item 51 - Restart Charge - Drop Box Note 4: Rates named in this item apply for all hauls within the City Limits of Pasco, to the disposal site. Any miles driven outside the City limits of Pasco will be charged for atm par mile. Mileage Charge is in addition to all regular charges. Aawaorfal eharees assessed [lids. uNockhm, unlatching, etc) Note 5: A Gate Charge of 5325 will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container. Note 6: A Compactor Disronnect/Reeonne it Charge of JLL5 per haul will be assessed when Drop Boxes with compactors require connecting or disconnecting. Note 7: A Turn Around Charge of S30,QQyerhaul will be assessed when company driver has to turn the Drop Boz around at order to empty and/or roc ct the Drop Box. Note g: A Trip Charge of $55_00 will be assessed when the company driver makes a hip to the customers location, but due to reasons under the control of the customer, was nor able to complete the haul. Comprehensive Solid Waste Collection Agreement, Exhibit C Page 22 Sim or Type of Container Permanent Service 15 Yd 20 Yd 20 Yd 30 Yd/35 Yd 40 Yd Delivery Charge i'35,00 55.00 55.00 55.00 55.00 Haul Charge 165.00 165.00 165.00 165.00 165.00 Trip Charge 55.00 55.00 55.00 55.00 55.00 Prepayment 250.00 250.00 250.00 250.00 250.00 Restart Charge 43.40 43.40 43.40 43.40 43.40 Note 1: Rales in this item are subject to Deposal Fees named in Item 230 Note 2: If a Drop Box is retained by a customer for a full mouth and no pickups are ordered, and the Drop Box is owned by the Contractor, a Monthly Charge will be assessed. Note 3: Restart subject to Item 51 - Restart Charge - Drop Box Note 4: Rates named in this item apply for all hauls within the City Limits of Pasco, to the disposal site. Any miles driven outside the City limits of Pasco will be charged for atm par mile. Mileage Charge is in addition to all regular charges. Aawaorfal eharees assessed [lids. uNockhm, unlatching, etc) Note 5: A Gate Charge of 5325 will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container. Note 6: A Compactor Disronnect/Reeonne it Charge of JLL5 per haul will be assessed when Drop Boxes with compactors require connecting or disconnecting. Note 7: A Turn Around Charge of S30,QQyerhaul will be assessed when company driver has to turn the Drop Boz around at order to empty and/or roc ct the Drop Box. Note g: A Trip Charge of $55_00 will be assessed when the company driver makes a hip to the customers location, but due to reasons under the control of the customer, was nor able to complete the haul. Comprehensive Solid Waste Collection Agreement, Exhibit C Page 22 Page 127 of 385 Exhibit D WACOD Adjustment Formula The following definitions apply to the calculation of the WACOD Adjustment: If the following is true: Change in Volume = (TONScp- TONSBP )/TONSBP>= 5% Then, the following calculation shall be made by the Contractor: WACOD Adjustment = WACOD Expense X WACOD Change The following definitions shall apply to the above formulas: WACOD Expense = the proportion of approved rates attributable to gross Solid Waste disposal expense, hereby fixed at _%. WACOD Change = (WACODcp- WACODBP)/WACODBP WACODBP = MSWBP X TONSMSW-BP+ RCYBP X TONSRcy-BP + GRNBP X TONSGRN- BP WACODcp= MSWcP X TONSMsW-cP + RCYcP X TONSRcv-cP + GRNcP X TONSGRN- City Planner TONSBP = TONSMSW-BP+ TONSRcv-BP + TONSGRN-BP TONScp = TONSMsW-cP+ TONSRCY-cP + TONSGRN-CP MSWBP = Contractor's disposal rate for Solid Waste during the Base Period TONSMsw-BP= Volume of Solid Waste collected during the Base Period RCYBP = Contractor's processing rate for Recyclable Materials during the Base Period TONSRCv-BP= Volume of Recyclable Materials processed during the Base Period GRNBP = Contractor's processing rate for Green Waste during the Base Period TONSGRN-BP = Volume of Green Waste processed during the Base Period MSWCP = Contractor's disposal rate for Solid Waste during the Comparison Period TONSMsw-cP= Volume of Solid Waste collected during the Comparison Period RCYCP = Contractor's processing rate for Recyclable Materials during the Comparison Period TONSRcy-cP = Volume of Recyclable Materials processed during the Comparison Period GRNCP=Contractor's processing rate for Yard Waste during the Comparison Period TONSGRN-CP = Volume of Yard Waste processed during the Comparison Period If the City has not added separate collection services for Recyclable Materials and/or Yard Waste during the Base Period, then the values for those respective variables representing the volume of such materials will be set to zero, and shall remain zero for the term of this Contract, i.e.: TONSRCY-BP = TONSGRN-BP = 0 Comprehensive Solid Waste Collection Agreement, Exhibit D Page 1 Page 128 of 385 Until such time as the City adds separate collection service for Recyclable Materials and/or Yard Waste, the values for those respective variables representing the volume of such materials will be set to zero, i.e.: TONSRcr-cr = TONSoRN-cp = 0 In either case, the volume of the Recyclable Materials and Yard Waste shall be included in the measured volume of Solid Waste until such time as the City implements such separate collections services. Comprehensive Solid Waste Collection Agreement, Exhibit D Page 2 Page 129 of 385 Exhibit E Service Accord The Solid Waste Services that the Contractor will provide to the City at NO Direct Costs are as follows: 1) Solid Waste gathered by the City from alley clean-ups; 2) Solid Waste gathered by the City from street sweeping; 3) Solid Waste gathered by the City from sewer debris; and 4) Solid Waste gathered by the City and deposited in specially designated Drop -Box Containers supplied by Contractor. These Solid Waste Services at No Direct costs include hauling and tip fees. The Solid Waste Services at NO Direct Costs are limited to 1,500 tons (Base Tonnage) in any calendar year. See section 5.4 of the contract for more details. The eligible Solid Waste Service locations within the City are as follows: 1) The City Shop(s) 1025 South Grey, Pasco, WA 99301 2) The City Yard(s) Rd 108 and Crescent, Pasco, WA 99301 Comprehensive Solid Waste Collection Agreement, Exhibit E Page 1 Page 130 of 385 Exhibit F Fuel Surcharge City of Pasco 1 Base Fuel Expense Base Fuel Expense 2 Percentage Increase in Cost of Fuel Current Fuel Price Minus Base Fuel Price Equals Fuel Price Difference Divided By Base Fuel Price (Line 6) Equals Fuel Percent Change Fuel Surcharge 3 Calculation 5.87% Fixed 3.79 Variable 3.79 Fixed Base Fuel Expense (Line 1) Multiplied By Percent Change in Fuel Price x Fuel Surcharae Variable 3.79 Fixed 0.00% Variable 5.87% 0.00% Comprehensive Solid Waste Collection Agreement, Exhibit F Page 1 Page 131 of 385 Exhibit G Curbside Recycling Provisions Page intentionally left blank) Comprehensive Solid Waste Collection Agreement, Exhibit G Page 1 Page 132 of 385 Exhibit H Green Waste Recycling Provisions Page intentionally left blank) Comprehensive Solid Waste Collection Agreement, Exhibit H Page 1 Page 133 of 385 Exhibit I Electronic Waste Collection Provisions E -Waste) Page intentionally left blank) Comprehensive Solid Waste Collection Agreement, Exhibit I Page 1 Page 134 of 385 AGENDA REPORT FOR: City Council November 22, 2022 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 11/25/24 FROM: Darcy Buckley, Director Finance SUBJECT: Proposed 2023-2024 Budget Supplement (10 minutes) I. REFERENCE(S): Proposed Budget Supplement Details Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Revenue - Increase of $8,811,000 Expense - Increase of $9,583,000 IV. HISTORY AND FACTS BRIEF: RCW 35.33.121 limits annual expenditures to the amounts appropriated for each fund. While budget to actual activity is reviewed during the course of the year, as year-end nears it is prudent to review year to date expenditures and forecast any potential spending related to the current biennium. Per RCW 35A.33.150 the City is required to keep appropriations open for the twenty days after the close of the fiscal year for payment of claims incurred during the year. V. DISCUSSION: Each year, and recently each biennium, a budget is proposed by staff and subsequently adopted by Council. Throughout the budget timeframe it can become necessary to increase expenses. With the goals of transparency and timely communication staff presents requests for amendment during the year for those items of substantial budgetary impact. Page 135 of 385 Additional requests that are part of a year-end amendment are primarily revenue related budgetary changes and miscellaneous items. Miscellaneous items can be defined as those events that have not had a unique need during the year for Council attention and smaller scale expense increase requests. Miscellaneous items are left for yearend consideration as the desire for transparency and communication can be offset by consideration of a busy Council calendar. Below is a summary of budget amendment requests: FundGeneral developer private a with partnered for The - City participation in the Department of Commerce CHIP grant benefitting the construction of affordable housing. Fund(CDBG) Community Block Development Grant Original - budget expenses were underrepresented as compared to grant award. This amendment aligns both elements of the program. MLK Center Fund - A project to update light fixtures with LED bulbs was undertaken. This resulted in more expense in this biennium but will positively impact electric utility cost. Expenses assigned to natural gas service are higher than budgeted. Ambulance Fund - Revenues associated with ambulance transport service are improved from budgeted expectations. As a result, state sales tax is higher than budgeted. Also, elevated from budget is the expense for billings remitted to collection. The process of precollection notification and ultimate remittal of claims to collection agency has been delayed following pandemic. Great care has been taken to communicate and provide opportunity for payment with the assistance of our billing partner. Animal Control & Services Fund - The cost of veterinarian service is impacting budget. Cost is shared with participating Cities. School Impact Fee Fund - Collections of fees are in excess of budget. Funds are remitted to Pasco School District. Lodging Tax Fund - Collections of fees are in excess of budget. Revenue proceeds are subsequently passed on to Visit Tri-Cities. Equipment Replacement (Government) Fund - Request for purchase to Ordinance Council. by support was defibulators of approved necessary budget amendment did not accompany. The item is added to this ordinance to meet authorization for budget amendment. Health Funds - Health fund revenues are greater than budgeted related to the addition of staffing over the biennium. Expense budget for claims needs to be increased related to claims paid biennium to date. The addition of new staff as well as pandemic related low claim activity in the years of 2020 - 2022 has resulted in "catch up" of health services. Also affecting uncertainty the expense forecast for this biennium is surrounding the impact of events outside City control, including a cyberattack on our claims processor and bankruptcy of third-party Page 136 of 385 administrator. These events have interrupted the presentation of claims. Old Fire Pension Fund - The addition of a retiree in 2024 increased pension costs. Cemetery Endowment Fund - Interest earnings of the endowment fund are available to support cemetery care. Details of revenue and expenses impact on all funds are outlined in the attachment. In total, the proposed supplement reflects increases in revenues and expenses of $8.811M and $9.583M respectively. Net expense increase is $772K and primarily the result of original budget in CDBG represented below expected grant awards. A Page 137 of 385 Fund Description REVENUE Supplemental EXPENSE Supplemental General Department of Commerce Grant - CHIP Program for Affordable Housing $1,350,000 $0 General Department of Commerce Grant - CHIP Program for Affordable Housing 1,250,000 CDBG Original budget not alinged with revenue awards. This amendment matches revenue with expenses associated with program delivery.0 515,000 MLK Center Operations Update fixures with LED Bulbs and increase in natural gas cost 0 15,000 Ambulance Revenues exceed budget for transport services 750,000 0 Ambulance Sales tax higher than budget due to revenue increase. Bad debt expense. 700,000 Cemetery Operations Receipt of interest earnings from Endowment Fund 175,000 Animal Control Partner share of expenses - veterinarian services 66,000 Animal Control Cost of veterinarian services. Other costs meeting budget with facility at full capacity.0 100,000 School Impact Fee Collections in excess of budget 1,675,000 0 School Impact Fee Remittal of higher than budget collections to Pasco School District 1,675,000 Lodging Collections in excess of budget 300,000 0 Lodging Remittal of higher than budget collections to Visit TriCities 300,000 Equipment - Governmental Purchase of defibulators. Approved by Council. Requires budget amendment. 100,000 Health Funds Increased premium revenues related to staffing additions 4,495,000 0 Health Funds Estimated outstanding claims related to external parties processing delays. 4,745,000 Old Fire Pension New retiree added to program 8,000 Cemetery Endowment Remittance of interest earnings to the Cemetery Operation Fund 0 175,000 General Fund 1,350,000 1,250,000 All other Funds 7,461,000 8,333,000 Total Supplemental Request $8,811,000 $9,583,000 Pa g e 1 3 8 o f 3 8 5 November 25, 2024 Pasco City Council Workshop Meeting Pa g e 1 3 9 o f 3 8 5 Supplemental Budget Request November 25, 2024 Pasco City Council Pa g e 1 4 0 o f 3 8 5 3 Supplemental Budget •During year, budget amendments are presented to and authority requested from Council related to activity with substantial budgetary impacts •Potential amendments that are associated with various elements are presented in an end of year supplemental budget request. • The nature of items typically included in the supplemental request include: •Previously unbudgeted revenue with specific offsetting expenses, •Expenses that are valued at a low amount, •Expenses that are cumulative in nature and based on end of year review have potential to cause an over budget result. •Forecast of year end total expenses are inclusive of a 20-day open period that follows calendar year end to allow for receipt of invoices related to the closing year’s activity •RCW 35.33.121 limits annual expenditures to the amounts appropriated for each fund. This year end review is made to meet RCW requirements and communicate any budgetary needs to Council. Pa g e 1 4 1 o f 3 8 5 4 Supplemental Requests Pa g e 1 4 2 o f 3 8 5 5 Next Steps •Request for approval of ordinance will occur at the meeting of December 2, 2024. Pa g e 1 4 3 o f 3 8 5 Questions? Pa g e 1 4 4 o f 3 8 5 AGENDA REPORT FOR: City Council November 20, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 11/25/24 FROM: Maria Serra, Public Works Director Public Works SUBJECT: Resolution - Project Acceptance for Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 Project (5 minutes) I. REFERENCE(S): Draft Resolution PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Engineer's Estimate $ 3,789,800.00 Bid Award $ 2,611,438.23 Change Orders $ (4,587.61) Final Construction Cost $ 2,606,850.64 Funding for the project is provided as follows: This project came in under the adopted 2023 – 2024 budget. American Rescue Plan Act: $3,000,000.00 Water Utility Funds: $1,529,246.00 IV. HISTORY AND FACTS BRIEF: This Transmission Main project installed approximately 3,000 feet of 30-inch and 24-inch water main from the West Pasco Water Treatment (WPWTP) Plant to Pressure Zone 3 to create a more robust potable water system to existing and future customers. Page 145 of 385 The scope of work includes the installation of 30-inch pipe from the WPWTP booster pump station to a point where the line splits into two 24-inch lines. The first branch connects to existing water lines near the intersection of Broadmoor Blvd. and St. Thomas Drive. The second branch crosses under I-182 through a steel casing (installed by a previous project for this purpose) and connects to the Harris Road extension through the Broadmoor Development area. The two water main alignments allow the potable water system to be more robust than a single delivery point into Pressure Zone 3 and for system redundancy. This transmission main is critical to providing adequate service to future Zone 3 customers. It will provide for sufficient quantities of water to the existing and proposed water storage reservoirs. This is a companion project to the West Pasco Water Zone the and 3 (several project Expansion WTP phases) Reservoir project and was first identified in the Water System Plan. On November 7, 2022, Council awarded the Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 contract (Resolution 4269) to Total Site Services of Richland, WA in the amount of $2,611,438.23. Since Construction began, the project required 3 Change Orders for a total of $(4,587.61). The Change Orders addressed: State sales tax increase from 8.7% to 8.9%. Additional fittings and pipe to navigate Franklin PUD electrical vault, and deduction of a casing that was not needed once area was excavated. Removal of additional thrust block, locating a previously unknown utility, repair of streetlight that was removed due to waterline shift, removal of additional thrust block located in Broadmoor Blvd, Restocking fee for remainder of pipe, Reconciliation of bid items. 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: An affidavit of no liens A release from the Department of Revenue that all taxes have been paid A release from any claims from the Department of Labor and Industries, pursuant to RCW 60.28.051 V. DISCUSSION: City Staff recommends approval of the resolution for the acceptance of the Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 Project, as constructed by Total Site Services. Page 146 of 385 Resolution - Transmission Main – WPWTP to Zone 3 Project Acceptance- 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY TOTAL SITE SERVICES, LLC, UNDER CONTRACT FOR THE TRANSMISSION MAIN – WEST PASCO WATER TREATMENT PLANT (WPWTP) TO ZONE 3 PROJECT. WHEREAS, the work performed by Total Site Services, LLC., under contract for Project No. 21238 Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 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 Total Site Services, LLC., under contract for Project No. 21238 Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 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 Public Works Director and Finance Director. Be It Further Resolved, that this Resolution shall take effect immediately. Page 147 of 385 Resolution - Transmission Main – WPWTP to Zone 3 Project Acceptance- 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of November, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 148 of 385 11/25/2024 Pasco City Council Workshop Pa g e 1 4 9 o f 3 8 5 Transmission Main – West Past Water Treatment Plant (WPWTP) to Zone 3Project Acceptance 11/25/2024 Pasco City Council Pa g e 1 5 0 o f 3 8 5 Zone 3 Transmission Main, Project #21-238 3 Pa g e 1 5 1 o f 3 8 5 Zone 3 Transmission Main, Project #21-238 4 Pa g e 1 5 2 o f 3 8 5 Zone 3 Transmission Main, Project #21-238 5 Pa g e 1 5 3 o f 3 8 5 Zone 3 Transmission Main, Project #21-238 6 CONSTRUCTION COSTS $ 3,789,800.00Engineer’s Estimate $ 2,611,438.25Bid Award $ (4,587.61)Change Orders $ 2,606,850.64Final Construction Cost AmountDescriptionChange Order No. $ 4,804.85State Sales Tax increase from 8.7% to 8.9%1 $ 51,614.38Additional fittings and pipe to navigate Franklin PUD electrical vault, and deduction of a casing that was not needed once area was excavated. 2 $ (61,006.84)Removal of additional thrust block, locating a previously unknown utility, repair of streetlight that was removed due to waterline shift, removal of additional thrust block located in Broadmoor Blvd, Restocking fee for remainder of pipe, Reconciliation of bid items. 3 Pa g e 1 5 4 o f 3 8 5 Pa g e 1 5 5 o f 3 8 5 AGENDA REPORT FOR: City Council November 19, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 11/25/24 FROM: Maria Serra, Public Works Director Public Works SUBJECT: Resolution - Project Acceptance for Argent Rd Widening Phase 3 (5 minutes) I. REFERENCE(S): Resolution Power Point Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Engineer's Estimate $ 3,970,251.62 Bid Award $ 3,472,643.57 Project Closeout Reconciliation $ (23,387.54) Final Construction Cost $ 3,449,256.03 Funding for this project was provided via STBG, STP, and HIP Grants and with City of Pasco Arterial Funds. IV. HISTORY AND FACTS BRIEF: The City of Pasco (City), the Port of Pasco (Port), and Columbia Basin College (CBC) have worked together over the past five years to provide necessary improvements to the Argent Road corridor from 20th Avenue to Road 36. The Argent Road Improvement project was divided into three phases to expedite constructed construction of priority segments. The first phase improvements from 20th Avenue to Saraceno Way/Varney Lane. The second phase constructed improvements at the Road 36 intersection. The final Phase 3 constructed improvements from Saraceno Way/Varney Lane to Road 36, filling the gap between Phases 1 & 2. Page 156 of 385 The Phase 3 improvements widened the roadway to four lanes, constructed new curb/gutter and sidewalk, pedestrian improvements, signage and striping, and utility work including stormwater facilities, irrigation, and illumination to this critical transportation corridor. The Argent Road Widening Phase 3 project was advertised on March 17, 2023, with a public bid opening held on April 6, 2023. Substantial completion was reached on June 07, 2024. The project closeout reconciliation amount includes bid items not completely used and reflects work completed under budget. Bid items not completely used included crushed surfacing base and top coarse, trench backfill, silt fence, hot mix asphalt (HMA), longitudinal joint sealer, and multiple plastic stripping bid items. The closeout reconciliation amount also accounts for not using the entire force account bid item. 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: An affidavit of no liens A release from the Department of Revenue that all taxes have been paid A release from any claims from the Department of Labor and Industries, pursuant to RCW 60.28.051 V. DISCUSSION: City Staff recommends approval of the Resolution for the acceptance of the Argent Rd Widening Phase 3 Project, as constructed by Apollo, Inc. Page 157 of 385 Resolution – Accept Argent Rd Widening PH 3 Project - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY APOLLO, INC., UNDER CONTRACT FOR THE ARGENT RD WIDENING PHASE 3 PROJECT. WHEREAS, the work performed by Apollo, Inc., under contract for Project No. 21 010 has been examined by City of Pasco (City) Staff and been found to be in apparent compliance with the applicable project’s specifications and drawings; and WHEREAS, it is the City Staff recommendation that the City 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 Apollo, Inc., under contract for Project No. 21 010 as being completed in apparent compliance with the project’s 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 Public Works Director and Finance Director. 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, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 158 of 385 Argent Rd Widening Phase 3 Project Acceptance Pa g e 1 5 9 o f 3 8 5 Argent Rd Widening Phase 3 Pa g e 1 6 0 o f 3 8 5 Argent Rd Widening Phase 3 Pa g e 1 6 1 o f 3 8 5 CONSTRUCTION COSTS Engineer’s Estimate $3,970,251.62 Bid Award $3,472,643.57 Project Closeout Reconciliation $(23,387.54) Final Construction Contract Total $3,449,256.03 Argent Rd Widening Phase 3 Description of Contract Changes Amount Bid Item Reconciliation $(23,387.54) Pa g e 1 6 2 o f 3 8 5 Questions?Pa g e 1 6 3 o f 3 8 5 AGENDA REPORT FOR: City Council November 19, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 11/25/24 FROM: Maria Serra, Public Works Director Public Works SUBJECT: Resolution - Project Acceptance for Court Street Overlay Project (5 minutes) I. REFERENCE(S): Resolution Power Point Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Engineer's Estimate $ 2,994,620.00 Awarded Construction Contract Amount $ 2,885,000.00 Project Change Orders $ 52,528.00 Project Closeout Reconciliation $ 28,671.60 Final Construction Cost $2,966,199.60 The project closeout reconciliation amount includes bid items that exceeded planned quantities and others that were partially used. These items include Hot Mix Asphalt (HMA), Planing Bituminous Pavement, Crack Sealing, and HMA for Pavement Repair, Erosion/Water Pollution Control, Inlet Protection, Minor Change, and force account bid items. Funding for this project was provided by a NHS Asset Management Grant and City of Pasco. IV. HISTORY AND FACTS BRIEF: The approved 2022-2028 CIP identified two overlay projects within the Court Street corridor: Page 164 of 385 Court Street Overlay – Road 44 to road 68 Court Street Overlay – US HWY 395 to 20th Ave At that time the City was in receipt of a federal grant from the National Highway System Preservation Program (NHSPP) for pavement preservation for the Court Street corridor between Road 44 and Road 68. The second project on Court Street from US HWY 395 to 20th Ave was to be paid for with Local funds. In order to gain efficiencies and minimize disruptions along this corridor, both CIP projects were combined into a single construction project. The focus of the project was to grind and resurface Court Street including pavement repairs, partial curb installation/replacement, pavement markings, and other associated work. The project was advertised on January 11, 2023, and bids opened on February 3, 2023. Central Washington Asphalt, Inc., was the low responsive bidder and was awarded the project. The Notice to Proceed (NTP) was issued on April 17, 2023, with Substantial Completion achieved on October 9, 2023. 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: An affidavit of no liens A release from the Department of Revenue that all taxes have been paid A release from any claims from the Department of Labor and Industries, pursuant to RCW 60.28.051 V. DISCUSSION: City Staff recommends approval of the Resolution for the Court Street Overlay Project. Page 165 of 385 Resolution – Accept Court St Overlay Project - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY CENTRAL WASHINGTON ASPHALT, INC., UNDER CONTRACT FOR THE COURT STREET OVERLAY PROJECT. WHEREAS, the work performed by Central Washington Asphalt, Inc., under contract for Project No. 21 304 & 21 308 has been examined by City of Pasco (City) Staff and been found to be in apparent compliance with the applicable project’s specifications and drawings; and WHEREAS, it is the City Staff’s recommendation that the City 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 Central Washington Asphalt, Inc., under contract for Project No. 21 304 & 21 308 as being completed in apparent compliance with the project’s 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 Public Works Director and Finance Director. 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, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 166 of 385 Court Street Overlay Project Acceptance Pa g e 1 6 7 o f 3 8 5 Court Street Overlay Pa g e 1 6 8 o f 3 8 5 CONSTRUCTION COSTS $2,994,620.00Engineer’s Estimate $2,885,000.00Bid Award $81,199.60Change Order Total $2,966,199.60Final Construction Contract Total Court Street Overlay AmountDescription of Contract Changes $52,528.00Total in Change Orders $28,671.60Bid Item Reconciliation Pa g e 1 6 9 o f 3 8 5 Questions? Pa g e 1 7 0 o f 3 8 5 AGENDA REPORT FOR: City Council November 12, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 11/25/24 FROM: Maria Serra, Director Public Works SUBJECT: Resolution - Acceptance of Work for New Pasco Animal Control Shelter (5 minutes) I. REFERENCE(S): Resolution PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Total Payment to G2 Commercial Construction, Inc.: $4,428,075.51 This project was funded through a combination of funds from the City of Pasco, The City of Kennewick, and the City of Richland, IV. HISTORY AND FACTS BRIEF: The New Pasco Animal Control Shelter Project (No. 17999B), construction contract was awarded by Council action to G2 Commercial Construction , Inc. of Kennewick, WA on January 3, 2023 in the amount of $4,192,015.50. The project is now complete and was constructed per project specifications. Final construction costs paid totaled $4,428,075.51 after the approval of 13 Change Orders. Change Orders (CO) for the project included: CO No.1 ($7,713.00): Sales tax Change from 8.7% to 8.9%. CO No.2 ($51,985.61): Add riprap and fabric under footprint of building. Page 171 of 385 CO No.3 ($79,332.95): New FPUD vault, Owner delay, additional riprap. CO No. 4 ($29,038.41): Addition of EV charger. CO No. 5 ($52,246.33): ADA button relocated, Security upgrades, power for front door operators, electrical box walk updates, additional tree removal, light pole bases et at equal heights, lower cameras in kennel rooms, door camera upgrade, and re-slope property. CO No. 6 ($5,887.80): Extra heating equipment and fuel due to FPUD not receiving the transformer in time. CO No. 7 ( $3,350.29): Mini Split realignment. CO No. 8 ( - $1,247.51): Freezer credit for not moving old freezer to new building. CO No. 9 ($1,310.47): Move boiler E-stop button and Emergency exit sign. CO No. 10 ($9,758.66): addition of two emergency crash bars. CO No. 11 (-$1,464.78): Plywood credit. CO No. 12 (-$1,306.80) Toilet credit. CO No. 13 ( -$544.50): Chase way credit for washer and dryer. The project is complete and the materials and workmanship meets the standards specified in the contract documents. 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: An affidavit of no liens A release from the Department of Revenue that all taxes have been paid A release from any claims from the Department of Labor and Industries, pursuant to RCW 60.28.051 Page 172 of 385 V. DISCUSSION: Staff recommends approval of the proposed Resolution accepting the work performed by G2 Commercial Construction, Inc. for the Construction of the New Pasco Animal Control Shelter Project. Page 173 of 385 Resolution – Pasco ACS 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 NEW PASCO ANIMAL CONTROL SHELTER PROJECT. WHEREAS, the work performed by G2 Commercial Construction Inc., under contract for Project No. 17 999B 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., under contract for Project No. 17 999B 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 Public Works Department staff and Finance Director. 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 November, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 174 of 385 November 25, 2024 Pasco City Council Workshop Pa g e 1 7 5 o f 3 8 5 Acceptance of Construction - New Tri-Cities Animal Control Facility Project # 17999B November 25, 2024 Pasco City Council Pa g e 1 7 6 o f 3 8 5 Contract awarded on January 2023, to G2 Commercial Construction Inc. of Kennewick WA for $4,192,015.50 Tri-Cities Animal Control Facility Project # 17999B 3 Subtitles Body copy Pa g e 1 7 7 o f 3 8 5 Subtitles Body copy Tri-Cities Animal Control Facility Before 4 Pa g e 1 7 8 o f 3 8 5 Subtitles Body copy Tri-Cities Animal Control Facility in Progress 5 Pa g e 1 7 9 o f 3 8 5 Final Construction Cost: $4,428,075.51 Change Orders: $236,060.01 Tri-Cities Animal Control Facility After 6 Pa g e 1 8 0 o f 3 8 5 Tri-Cities Animal Control Facility 7 Construction Costs Engineer’s Estimate $4,624,607.80 Bid Award $4,192,015.50 Change orders $236,060.01 Final Construction Costs $4,428,075.51 Change Order No.Change Order Description Change order Amount 1 State Sales Tax Change From 8.7% to 8.9%$7,713 2 Rip Rap and Fabric Under Footprint of Building $51,985.69 3 New FPUD Vault, Owner Delay ,Additional RipRap $79,332.95 4 EV Charger $29,038.41 5 ADA Button relocated,Security upgrades, Power for Front Door Operators, Box Walk Updates, Tree Removal, Light Pole Bases Set at Equal Height, Lower Cameras, Door Camera UpgradeResloping Property.$52,246.33 6 Extra Fuel and Heating Equipment Due to FPUD not Receiving the Transformer in Time.$5,887.80 7 Mini Split Power realignment $3,350.29 8 Freezer Credit For Not Moving Old Freezer to New Building.($1,247.51) 9 Move E-Stop Button and Emergency Exit Sign $1,310.47 10 Addition of Two Emergency Crash Bars $9,758.66 11 Plywood Credit ($1,464.78) 12 Toilet Credit ($1,306.80) 13 Chase Way Credit for Washer and Dryer ($544.50) TOTAL $236,060.01 Pa g e 1 8 1 o f 3 8 5 Questions? 8 Pa g e 1 8 2 o f 3 8 5 Pa g e 1 8 3 o f 3 8 5 AGENDA REPORT FOR: City Council November 19, 2024 TO: Adam Lincoln, Interim City Manager City Council Workshop Meeting: 11/25/24 FROM: Maria Serra, Director Public Works SUBJECT: Resolution - Bid Award for Martin Luther King Jr. Community Center Remodel and Expansion Phase 1 Construction Project (5 minutes) I. REFERENCE(S): Presentation Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Engineer’s Estimate: $3,200,000.00 including WA State Sales Tax Contract Total: $ 2,760,615.00 including WA State Sales Tax Funding for this project is provided for by Grants from the Federal Government, and State of Washington Grant Name Amount Federal ARPA Grant $2,500,000.00 Federal Housing and Urban Development Grant $3,000,000.00 State of Washington Department of Commerce Grant $980,000.00 Total Grant Amount $6,480,000.00 IV. HISTORY AND FACTS BRIEF: The East Pasco Neighborhood facility was constructed in 1975 after years of requests by the members of the East Pasco Community. In 1986, the East Pasco Neighborhood facility was renamed the Martin Luther King Community Center. For nearly 50 years the facility has been a place for recreation, education, civic discourse, and religious worship. Various recreational offerings include: basketball games, indoor soccer games, and fitness classes. Educational offerings include: English classes for adults, tutoring programs, Page 184 of 385 and preschool classes for community children. The Center has served as a polling place, while organizations promoting civil rights, affirmative action, and migrant labor rights have used the facility as a meeting spot. Religious and civic groups have held celebrations and pageants at the facility. Unfortunately, after nearly 50 years of use, the facility is coming to the end of its operational lifecycle and needs major renovation and updating to continue serving the East Pasco Community. The Martin Luther King Jr. Community Center Renovation and Expansion Project in and of itself will be a comprehensive renovation of the campus facilities. The work has been broken into three (3) phases to minimize the impact on the community and provide for continuous use of the portions of the facility not being affected by the respective work phases. This phase (Phase 1) will completely demolish everything to the bare walls, remodel, and bring up to code the Northwest building of the campus. Improvements will include new electrical, plumbing, and HVAC systems, and installation of ADA compliant restrooms. Phase 1 will also create classroom space, a community room, and offices. Externally, play areas will be added and landscaping will be updated. The secured monies from State and Federal grants are anticipated to be used in this phase. It is anticipated that any remaining grant funds will be used in subsequent phase improvements. V. DISCUSSION: Architects West of Coeur d'Alene, Idaho designed the Martin Luther King Jr. Community Center Renovation Expansion Project - Phase 1. The Phase 1 improvement plans and specifications were advertised on October 23 2024. Bids for were bids (5) 2024. 19, Five on opened were construction November received. Booth and Sons Construction Inc. of Kennewick, Washington was the lowest responsive, responsible bidder with a bid in the amount of $2,760,615.00. Bid Tabulation Contractor Name Total Bid w/Tax Booth and Sons Construction $2,760,615.00 Cliff Thorn Construction $2,881,060.58 ESF Solutions $3,144,184.76 Kirby Nagelhout $2,885,850.00 MH Construction $2,822,688.00 Architects Estimate $3,200,000.00 A formal protest was received from MH Construction relating to Booth and Sons bid submittal. After careful examination of the bid documents and bid proposal by the consultant team, staff, and legal counsel, the protest was found to be invalid and therefore dismissed. Page 185 of 385 Staff recommends award of the construction contract to Booth and Sons Construction, Inc. of Kennewick, Washington, in the amount of $2,760,615.00. Page 186 of 385 Pa g e 1 8 7 o f 3 8 5 PHASING PLAN Pa g e 1 8 8 o f 3 8 5 PHASE 1 PROPOSED SITE PLAN CONCEPT Pa g e 1 8 9 o f 3 8 5 PHASE 1 PROPOSED FLOOR PLAN Pa g e 1 9 0 o f 3 8 5 PHASE 1 CONCEPTUAL OVERHEAD VIEW Pa g e 1 9 1 o f 3 8 5 CONCEPTUAL PLAYGROUND Pa g e 1 9 2 o f 3 8 5 CONCEPTUAL NORTH OUTDOOR SPACE Pa g e 1 9 3 o f 3 8 5 PHASE 1 INTERIOR DESIGN Pa g e 1 9 4 o f 3 8 5 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 Current Secured Funding Amount ARPA Award $2,500,000 WA State Direct Appropriation $980,000 Federal Award $3,000,000 TOTAL $6,480,000 Pa g e 1 9 5 o f 3 8 5 Engineers Estimate: $3,200,000 Proposed Bid Award: $2,760,615 Contractor Name Total Bid w/Tax Booth and Sons Construction $2,760,615.00 Cliff Thorn Construction $2,881,060.58 ESF Solutions $3,144,184.76 Kirby Nagelhout $2,885,850.00 MH Construction $2,822,688.00 Architects Estimate $3,200,000.00 Pa g e 1 9 6 o f 3 8 5 THANK YOU! Pa g e 1 9 7 o f 3 8 5 Resolution – MLK Remodel & Expansion PH 1 Bid Award - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AWARDING BID NO. 21314 FOR MARTIN LUTHER KING JR. COMMUNITY CENTER RENOVATION AND EXPANSION PROJECT PHASE 1 PROJECT TO BOOTH AND SONS CONSTRUCTION OF KENNEWICK WASHINGTON. WHEREAS, the City of Pasco (City) identified the Martin Luther King Jr. Community Center renovation and Expansion Project in the approved Capital Improvement Plan; and WHEREAS, this Contract provides for Remodel, and bring up to code the Northwest building of the campus completely remove everything to the bare walls, and will include new electrical, plumbing, and HVAC systems, installation of ADA standard restrooms. Create classroom space, a community room, and offices. Externally, play areas will be added and landscaping will be updated, and WHEREAS, the City solicited sealed public bids for this project, identified as _Martin Luther King Jr. Community Center Renovation and Expansion Project Phase 1 Project; and WHEREAS, on November 19 2024, at 11:00 a.m. , Five (5) bids were received and opened by the City; and WHEREAS, the lowest responsive bidder was _Booth and Sons Construction with a bid of $2,760,615.00, the Engineer’s Estimate was $3,200,000.00; and WHEREAS, the bid documentation was reviewed, and the bidder was determined to be responsible and responsive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City hereby awards the Martin Luther King Jr. Community Center Renovation and Expansion Project Phase 1 Project to Booth and Sons Construction of Kennewick, Washington, in the amount of $2,760,615.00; and further authorizes the City Manager to execute the Contract documents. Be It Further Resolved, that this Resolution shall take affect and be in full force immediately upon passage by the City Council. Page 198 of 385 Resolution – MLK Remodel & Expansion PH 1 Bid Award - 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 199 of 385 AGENDA REPORT FOR: City Council November 19, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 11/25/24 FROM: Maria Serra, Public Works Director Public Works SUBJECT: Resolution - I-182/Broadmoor Blvd. Interchange Project Change Order No. 9 Approval (5 minutes) I. REFERENCE(S): Resolution Exhibit A – Change Order No. 9 Power Point Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Awarded Construction Contract Amount $6,691,534.74 Change Oder No. 1 – No. 8 - $639,745.61 Change Order No. 9 - $42,856.34 New Contract Total - $7,374,136.69 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 Broadmoor/Rd. of 100; development residential Blvd.; east development of Burns Rd. between Rd. 68 and Broadmoor Blvd. have all served to fully utilize the existing I/C. Several collaboration improvements to the I/C were identified in with Washington State Department of Transportation (WSDOT), Federal Highway Page 200 of 385 Administration, the City, and local development community and on June 30, 2023, Council adopted Resolution 4363 which awarded the construction Blvd. Broadmoor & I-182 the Nelson Corp., Construction to contract 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, 8 change orders have been identified, reviewed, and approved. Previously approved Change Orders No. 1 – No. 4 and No. 8 were approved under the delegated authority of the Public Works Director or City Manager. Change Orders No. 5 - No. 7 were approved by City Council. V. DISCUSSION: Change Order No. 9 includes the installation of guardrail embankments along I- 182 for a compliant guardrail safety system. The gravel embankments were inadvertently omitted from the contract and are necessary for compliance with WSDOT standards. Change Order No. 9 has been negotiated with the contractor, and it is believed to be reasonable, for an amount of $42,856.34. As a necessary component of the project, this cost would have borne by the City even if it was part of the original bid. Staff recommends approval of CO No. 9. Page 201 of 385 Resolution – CO 9 to I-182 & Broadmoor Interchange - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 9 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, and No. 8 were under the authority provided to the Public Works Director; and WHEREAS, Change Orders No. 5, 6, and 7 were all approved by Council and executed; and WHEREAS, Change Order No. 9 compensates the contractor for building a required embankment for the installation of guardrail on the north and south side of I-182. The guardrail protects the traveling public from the bridge sign’s vertical supports. In addition, this embankment is required for a compliant guardrail safety system per Washington State Department of Transportation (WSDOT); and WHEREAS, the $42,856.34 amount of Change Order No. 9 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. 9 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. 9 between the City of Pasco and Nelson Construction Corp. as attached hereto and incorporated in Exhibit A. Page 202 of 385 Resolution – CO 9 to I-182 & Broadmoor Interchange - 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. 9 on behalf of the City of Pasco, and 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, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 203 of 385 Description of Change:Work not included in the original contract and identi?ed as needed during construction. Detail as Appropriate:This new Lump Sum item compensates the contractor for building a required embankment onto which guard rail will be installed.This embankment is required for a compliant guardrail safety system and for it to operate correctly if struck. Project No:21—292 Project Title:l-182 and Broadmoor Boulevard Interchange Contractor:Nelson Construction Corp. CITY OF PASCO PUBLIC WORKS DEPARTMENT CONTRACT CHANGE ORDER NO.9 Contract Bid Amount: SALES TAX @ 8.9%: Total: Subtotal including tax $639,745.61 Subtotal No tax S 639,745.61 Total PREVIOUS CHANGE ORDERS TOTAL CURRENT CHANGE ORDER description and payment method Guardrail embankment,lump sum Total Change Orders To Date New Contract Amount $ ”$69 cost totals 42,856.34 6,144,660.00 546.874.74 6,691,534.74 42,856.34 42,856.34 682,601.95 7,374,136.69 PUBLICWORKS DIRECTOR Date CITYMANAGE CONSTRUCTION MANAGER Date DEPUTYPW DIRECTOR-ENGINEERING Date IS CONTRACTTIMEAFFECTED BY THIS CHANGE ORDER YES NO Contract Time Prior to this Change Order ................................360 Modi?cation to Contract Time by this Change Order ..................0 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:APPROVED: CONTRACTOR Date PROJECT MANAGER Dale APPROVED:APPROVED: Page 1 of 2 Date APPROVED:APPROVED: Total item 121 Page 204 of 385 gm —HEOME ~37:“dz.8..on mung—#33562mSea—23.5QNme.893 no56 “55:25€5.555.8?SEEEm a.SS wwom?vm83Ea33mmme1289$55amgnmmOm$.mex5mmim «33.9a$35amqpmmmom45053 emdwm?m wmdwm?mmwmchKmw .900nouozbmnoono?oz age—E main125a55$:75 E75 >5 NaNAN”.02 83on 033233 vim 825%.on NwTH oomammoEMU.OZ 2?:.OZ .Om— mganuga?m@3530 S momm «SN.2anaum wHHDQHEUm Gum ZO—HAEOWHQ 2H,: Page 205 of 385 Page 1 09/13/2024 8:55 1910,09 MOBIIJZL 0N T0 «103511 9119,:ELLIS,,HISZS 10:99 $29!:55 WC:1L0; Nelson Construction Corp 23CC001—BD I-l 82 Broadmoor Interchange-Budget Sergio Sanchez Direct Cost Report Activity Desc Quantity Unit Perm Constr Equip Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ment Contract Total BID ITEM =10030 Description =EMBANKMENT AT GUARDRAIL Unit =LS Takeoff Quan:1.000 Engr Quan:1.000 __19 (Mod)6M Mass Exc/Emb 10.00 CH Prod:10.0000 CH Lab Pcs:4.00 Eqp Pcs:5.50 2B001 CSBC 1.00 300.00 TN 15.000 4,500 4,500 4SURV'EY SURVEY SUB 1.00 1.00 LS 3,500.000 3,500 3,500 4TRAF TRAFFIC CONTROL 1.00 1.00 DAYS 2,850.000 2,850 2,850 5AG01 AGG HAUL 1.00 300.00 TN 8.000 2,400 2,400 8DZ450 D2 450 0.50 5.00 HR 110.000 550 550 8EX135 EX13SG w/GPS 1.00 10.00 HR 145.000 1,450 1,450 8PU2500 UT Truck 2500 1.00 10.00 HR 25.000 250 250 8PU3500 UT Truck 3500 1.00 10.00 HR 25.000 250 250 8RLRLGAC RL LRG AC 1.00 10.00 HR 50.000 500 500 8WT4K WT 4K Gal 1.00 10.00 HR 62.500 625 625 102 Grade Checker 1.00 10.00 MH *82.320 823 823 002 Oper.Excavator 1.00 10.00 MH *98.053 981 981 007 Oper.Dozer 0.50 5.00 MH *98.580 493 493 013 Oper.Grade Roller 0.50 5.00 MH *95.688 478 478 016 Opcr.Foreman 0.50 5.00 MH *97.510 488 488 TR03 Truck Driver Water Truck 0.50 5.00 MH *89.610 448 448 $20,585.67 40.0000 MH/LS 40.00 MH [3137.56 ]3,711 4,500 2,400 3,625 6,350 20,586 ----------Mobilization —-------—— Round Trip Time (Hours)6 Equipment Pieces Hours Grader 0 Roller 0 Excavator 0 Backhoe 0 Loader 0 Dozer 0 Curb Machine 0 Water Trucks 0 T rucks 1 Other 1 O Other 2 O u Pther 3 0 0 Total 1 6 End Calculation MOBE Transport Truck 6.00 CH Prod:6.0000 CH Lab Pcs:1.00 Eqp Pcs:2.00 8TRKSEMI ST Semi Tractor 1.00 6.00 HR 115.000 690 690 8TRLLOWBOY TR Lowboy 1.00 6.00 HR 90.000 540 540 TR04 Truck Driver Transport (Pri 1.00 6.00 MH *88.810 533 533 $1,762.86 6.0000 MH/LS 6.00 MB [450]533 1,230 1,763 C_V_10 (Mod)6M Mass Exc/Emb 10.00 CH Prod:10.0000 CH Lab Pcs:4.00 Eqp Pcs:4.00 3A10 Dump Fee Dirt 1.00 108.00 CY 10.000 1,080 1,080 4TRAF TRAFFIC CONTROL 1.00 1.00 DAY 2,850.000 2,850 2,850 5EX01 EXPORT HAUL 1.00 108.00 CY 8.000 864 864 8DZ450 DZ 450 1.00 10.00 HR 110.000 1,100 1,100 8EX135 EX 135G w/GPS 1.00 10.00 HR 145.000 1,450 1,450 8RLRLGAC RL LRG AC 1.00 10.00 HR 50.000 500 500 8WT4K WT 4K Gal 1.00 10.00 HR 62.500 625 625 205mm MASS EXCAVATIONBIOSWALE MATERIAL 9gp;L09 gs Hrg/Shft OOOOOOOOGOA 205004 ANKMENTAT GUARDRAI Quay;1.90,,LS,,E?/Shfj;10.00 Cal.ss WC:10102 Page 206 of 385 217000 MISC.JOBSITECLEV U13 Quan:1.00 LS Hrs]ft 10.00 Cal:ss WC;0102 Page 2 09/13/2024 8:55 Nelson Construction Corp 23CC001-BD I-182 Broadmoor Interchange-Budget Sergio Sanchez Direct Cost Report Activity Desc Quantity Unit Perm Consu-Equip Sub- Resource Pcs Unit Cost Labor Material Matl/Exp Ment Contract BID ITEM =10030 Description =EMBANKMENT AT GUARDRAIL Unit LS Takeoff Quan:1.000 Engr Quan: 102 Grade Checker 1.00 10.00 MH *82.320 823 002 Oper.Excavator 1.00 10.00 MB *98.053 981 007 Oper.Dozer 0.50 5.00 MH *98.580 493 013 Oper.Grade Roller 0.50 5.00 MB *95.688 478 016 Oper.Foreman 0.50 5.00 MB *97.510 488 TR03 Truck Driver Water Truck 0.50 5.00 NIH *89.610 448 $12,179.67 40.0000 MH/LS 40.00 MB [3137.56]3,711 1,944 3,675 2,850 CV16 (Mod)3M Small Struct Exc 5.00 CH Prod:5.0000 CH Lab Pcs:2.00 Eqp Pcs: 4TRAF TRAFFIC CONTROL 1.00 0.50 DAY 2,500.000 1,250 8PU2500 UT Truck 2500 1.00 5 .00 HR 25.000 125 8WT4K WT 4K Gal 1.00 5.00 HR 62.500 313 SZSWEEPER PLS Street Sweeper 1.00 5.00 HR 31.250 156 011 Oper.Broom 1.00 5.00 MH *89.276 446 TR03 Truck Driver Water Truck 1.00 5.00 MH *89.610 448 $2,738.18 10.0000 MH/LS 10.00 MH [755.93 ]894 594 1,250 ——>Item Totals:10030 EMBANKMENT AT GUARDRAIL $37,266.38 96.0000 MI-I/LS 96.00 NIH [7481.05 ]8,849 4,500 4,344 9,124 10,450 37,266.380 1 LS 8,848.63 4,500.00 4,344.00 9,123.75 $37,266.38 ***Report Totals ***96.00 MH 8,849 4,500 4,344 9,124 10,450 >>>indicates Non Additive Activity ——Report Notes:--— The estimate was prepared with TAKEOFF Quantities. This report shows TAKEOFF Quantitieswith the resources. Actual Unit Cost is used,which includes taxes,escalation,etc. Bid Date:06/27/23 Owner:Engineering Firm: Estimator-In—Charge: JOBNOTES Estimate created on: Source estimate used: 06/07/2023 by User#:1 -Cory Bell 2 :\EST\ESTMAST ************Estimate created on: Source estimate used:Z:\EST\NCCMST2023 ************Estimate created on:07/27/2023 by User#:1 Source estimate used:Z:\EST\23CC001 *on units of MH indicate average labor unit cost was used rather than base rate. []in the Unit Cost Column =Labor Unit Cost Without labor Burdens In equipment resources ,rent 9.;and EOE %not = ——Calendar Codes----— 410 10 Hours x 4 Days 508 8 Hours x 5 Days 510 10 hours x 5 Days (Default Calendar) 610 10 Hoursx6Days 710 10 Hoursx7Days SS 10 Hours Saturday and Sunday 06/12/2023 by User#:1 —Cory Bell Cory Bell Total 1.000 823 981 493 478 488 448 12,180 3.00 1,250 125 313 156 446 448 2,738 37,266 10,450.00 37,266.38 37,266 100%are represented as XXX95YYY where XXX=Rent%and YYY=EOE% Page 207 of 385 .2;mama2mg mhm ><§.u0.._.:uE Snagum mtz:d: whiz.50 zetagum $3.500 583E wrap—.238 uszam z<._n_0255.0._.zms_v_z<ms_m.__<mn_m_<3o <3dam: moz<zommhz_am<>m._:om«cosh—gumoz<Nm—L nzm?w; Sévdudz<.EDin—25hSum;mum mmpOz \\V......_......../I..l.l.1..1lv£.?v....I2...2.21.2222...222......WNVVVVVQVIV‘ . (AMI”ix‘?v mMm5‘ 1..MHHHIHIUAwLy HATCHLINE:STALE14511-20 SEEDWGGRD? 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IlllllllnsIIIIIIIIIIIIIIIIIIII I ...........M/w.......\\l ...............@Msag?wm?al- :::::::::::::Q.\llily‘-ili\\Iii IA,IIII\\\ | \\\\\\\\\\\\\\\\\\\.llllllllllllllll/|lllll\\IIIIIIIIIIIIIIIIIIIIllx aw|l| W399M0ES 01%|FIVE :ENI'IHOLWI H l Ai ||||||||||IL‘IEIIIIIIIIIIIIIIIIIIAuullxu llllllllllll ///llllllllll\I5111!/ (VII lllllll d lllllllllllll _ dun:.nxu mm 5W WWW"We WIRMMWKNZ “’14)NE W!‘1 NH Nd KIDNAWW’qu lull “mm <nut 3|W .YMHN €30 cwwg Page 208 of 385 \H’ Ens: itbmIutn .a.w .2.93: PEmica zo_._.om_mFzmzxz<m2m4m><m®Jimmy—<36 _._.EOz ozzozooszle/ 3.2“Sm zo_._.om_m._.zm__2v_z<mEm_._m_><mw4.5.9230 ISOw .953a;?g$.53.qdFadme<>bin mmE<>mug) 5.0m 52m 32 WEEK mzoFomw._.zms_v_z<ms_m.=<mnm<:o 313158® 552a5025© zoEEzSEusz?zm© 35>:E52855".@ :2qu Emsnws?mnxaEa?am?muzoutm?u© m??sauz?z?i:a ‘_.damnEna?xmHm gm.m>m:E;gzO?zmmmanummmz?zu6 «5:1 SEEnws?mnzaamu—Ehwmxuzsh??cG <EJEEEe 2.2.“.5.:E.835.a$8. 98250285283.255.323:9 3.5.“.25mEmEtna—?MEG. E2092950E529052350530:9 a—drumZED—hhgmgwml:E40“[WP—a ¢58E528Emzuu:9553:5.3.2202e ENEEwzokm Engamnz?hEgasimamaze.EmZmQ@ ammo?mmaouwas”92.05:“8:35Qv ng?h—m?dé:e E:zoFuaEhzcu <3.oom<..._ moz<xommpz_am<>?zom«8:325oz<«3; 5.5.2:... is 5:23{in 335.3(E4in.3—waszgozm?mnNOD—Nu.0:ma _. um1.<u m :9»153.5%:Ea @ s 535%E 593 E 85mm:E is: zo_w_>mm .010 >m m._.<n .Oz how-wowsW Mme Mun Wannnmmmu m)m We 1 EH ma wtmlAmu—m?q 1m mm -m):’9:5w dun? camp Page 209 of 385 Change Order No. 9 Approval – I-182 Guardrail Embankments Pa g e 2 1 0 o f 3 8 5 I-182 & Broadmoor Blvd. Interchange Overview Approximately 95% complete as of October 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.8 = $639,745.61 o Change Order No. 9 = $42,856.34 o New Total (All Changes) = $7,374,136.69 Pa g e 2 1 1 o f 3 8 5 PWRF Improvements Phase 3 I-182 & Broadmoor Blvd. Interchange Project Pa g e 2 1 2 o f 3 8 5 Proposed Change Order N0. 9 Change Order No. 9 includes the installation of guardrail embankments along I-182 for a compliant guardrail safety system. The gravel embankments were inadvertently omitted from the contract and are necessary for compliance with WSDOT standards. The change order has been negotiated with the contractor, and it is believed to be reasonable, for an amount of $42,856.34. As a necessary component of the project, this cost would have borne by the City even if it was part of the original bid. Staff recommends approval of CO No. 9 Pa g e 2 1 3 o f 3 8 5 Questions? Pa g e 2 1 4 o f 3 8 5 AGENDA REPORT FOR: City Council November 19, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 11/25/24 FROM: Maria Serra, Director Public Works SUBJECT: Resolution - West Pasco Water Treatment Plant Phases 3 & 4 Drinking Water State Revolving Fund Additional Loan Acceptance (5 minutes) I. REFERENCE(S): Resolution Exhibit A - DWSRF Loan Contract No. DWL29708-0 Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: The City was awarded an additional loan in the amount of $1,173,943.00 to partially fund full construction of the West Pasco WTP (WPWTP) Phases 3 and 4 State Washington the by Improvements. is loan The administered Department of Health (DOH) as part of their State Revolving Fund (DWSRF) program. The loan has a 20-year term with an effective interest rate of 2.25% and an included service fee of 1%. IV. HISTORY AND FACTS BRIEF: The 2019 Comprehensive Water System Plan identified a series of plant and pumping system expansions necessary to achieve a reliable West Pasco WTP treatment capacity of 18 Million Gallons per Day (MGD). The packaged Phases 3 and 4 represent the final improvements of the planned facility expansion, which include the design and construction to increase potable water production from 12MGD to 18MGD. In November of 2023, Resolution No. 4397 was approved to authorize the City to apply for a Washington State DOH low-interest loan through the DWSRF program. The program provides low-interest construction loans to fund publicly Page 215 of 385 owned municipal water systems. Subsequently, the City was selected as a recipient for the DWSRF construction loan in the maximum award amount of $12M for the WPWTP Phases 3 and 4 Improvements. Upon notification of award, Resolution No. 4515 was adopted on November 4, 2024, to authorize approval of the initial $12M DWSRF Loan Contract No. DWL29303-0 with the Washington State DOH. This award amount represents the maximum available funding per jurisdiction for the 2023-2024 construction loan award cycle. Due to availability of remaining Bipartisan Infrastructure Law (BIL) funds and the City’s ranking on the 2023 DWSRF Project Priority List, the Washington State DOH awarded an additional $1.17 million loan beyond the initial $12 million previously awarded. Both the initial loan and the additional award funds from DOH will be used for full construction of the expanded membrane filtration system, cyanotoxin treatment, service pumps, and backwash recovery system. V. DISCUSSION: Staff recommends approval of the additional low-interest Loan Contract No. DWL29708-0 from the Washington State Department of Health Drinking Water State Revolving Fund program for the construction of the West Pasco Phases 3 and 4 Improvements Project. Page 216 of 385 Resolution - DWSRF Loan Contract DWL29708-0 - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THE DRINKING WATER STATE REVOLVING FUND LOAN CONTRACT NO. DWL29708-0 WITH WASHINGTON STATE DEPARTMENT OF HEALTH FOR THE WEST PASCO WATER TREATMENT PLANT PHASES 3 AND 4 PROJECT. WHEREAS, the City of Pasco (City) currently provides reliable potable water service with projected increases in future water system usage anticipated; and WHEREAS, the 2019 Comprehensive Water System Plan identified improvements to the West Pasco Water Treatment Plant (WPWTP) in order to increase water filtration capacity and potable water production from 12 Million Gallons per Day (MGD) to 18 MGD; and WHEREAS, the Washington State Department of Health subsequently identified and awarded additional available Drinking Water State Revolving Fund (DWSRF) loan funds beyond the maximum 2023 Construction Loan cycle award amount of $12,000,000 for the WPWTP Phases 3 and 4 Improvements; and WHEREAS, the proposed additional loan includes a principal amount of $1,173,943.00 bearing interest at an interest rate of 2.25% per annum with a term of 24 years and a one percent (1%) service fee in the loan amount upon execution; 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 DWSRF Loan Contract No. DWL29708-0 with Washington State Department of Health. 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 DWSRF Loan Contract No. DWL29708-0 between the City of Pasco and Washington State Department of Health 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 and directed to execute and deliver DWSRF Loan Contract No. DWL29708-0 on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. Page 217 of 385 Resolution - DWSRF Loan Contract DWL29708-0 - 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, MMC William G. Tonkin, Attorney City Clerk Foster Garvey P.C. Page 218 of 385 November 2, 2024 City of Pasco Adam R. Lincoln 525 North Third Ave Pasco, WA 99301 lincolna@pasco-wa.gov RE: Loan Contract Number: DWL29708-0 Dear Mr. Lincoln, Enclosed is the Drinking Water State Revolving Fund Loan Contract Number identified above for your signature. The Loan Contract details the terms and conditions that will govern the agreement between us, which includes the project's Scope of Work as a formal attachment. Failure to return the contracts within 60 calendar days of the date of this letter may result in your loan offer being withdrawn. Review, print and sign the document. Once signatures are obtained, scan and return by email to dohcon.mgmt@doh.wa.gov or print and sign a hard copy and return the originals to us for full execution. Please note that the U.S. Environmental Protection Agency is the funding source for this program and the Catalog of Federal Domestic Assistance (CFDA) number is 66.468. Consequently, the loan funds are federal and subject to both state and federal requirements. A non-refundable one-percent loan administration fee will be collected at contract execution (If applicable), including any subsequent amendments where funds are added. The loan amount may be modified to include an amount sufficient to cover the one-percent loan administration fee. In most cases, the fee will be collected in full at contract execution. Please review the terms and conditions of the Loan Contract and all attachments carefully for details. A requirement of the DWSRF program is that you must maintain updated project records and yearly renewal of your registration in the System for Award Management at www.sam.gov. Another requirement of the DWSRF program is that all entities are required to verify that the federal government has not suspended or debarred them from receiving federal funds. This includes, but is not limited to, project contractors, subcontractors, engineers, architects, consultants, and equipment vendors. The Exclusion Report can be accessed at www.sam.gov. Failure to provide this required certification may result in termination of your loan contract. After the Loan Contracts have been signed by the Department or its designee, one fully executed original will be returned to you for your files. Instructions for drawing the loan funds will be returned to you with the executed Loan Contract, as well as the necessary forms. The Loan Contract specifies that draws may be made for costs that have been incurred within the contract period of performance, and which have supporting documentation such as receipts or bills. We are looking forward to working with you over the course of this project. If you have any questions about this Loan Contract, please contact me. Sincerely, Rachel Paris DOH Contract Manager 360.236.4294 Rachel.Paris@DOH.WA.GOV Enclosures: ATTACHMENT I: SCOPE OF WORK (PROJECT) ATTACHMENT II: ATTORNEY'S CERTIFICATION ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS ATTACHMENT IV: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS ATTACHMENT V: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ATTACHMENT VI: DWSRF ELIGIBLE PROJECT COSTS ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Page 219 of 385 Version History Date Revision(s) Version 05-15-2018 Original - developed via a team of the DWSRF Grant and Loan Unit Supervisor, the DOH Office of Drinking Water Finance Director, the DOH Office of Contracts and Procurement Technical and Policy Advisor, and DOH’s Financial Services Assistant Attorney General. 1 Washington State Department of Health DWSRF Municipal Loan Boilerplate May 2018 Page 220 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 1 of 31 DWSRF Loan Contract (Municipal) v1 1. CONTRACT FACE SHEET 2023-4228 Loan Number: DWL29708-0 Washington State Department of Health (DOH) Drinking Water State Revolving Fund (DWSRF) Municipal 1.Borrower 2.Borrower Doing Business As (optional) City of Pasco 525 North Third Ave Pasco, WA 99301 3.Borrower Type Construction Loan 4.Borrower’s Statutory Authority 5. Borrower Contract Manager Information 6. DOH Contract Manager Adam R Lincoln City Manager 509-544-4131 lincolna@pasco-wa.gov Name: Rachel Paris P.O. Box 47822 Olympia, WA 98504-7822 360.236.4294 rachel.paris@doh.wa.gov 7.Project Name West Pasco Treatment Plan Improvement Phase 3 and 4 Additional Funds 8.Loan 9. Funding Source 10.Start Date 11. End Date Amount: $1,173,943.00 Loan Fee: $11,623.00 Interest Rate: 2.25% Federal: State: Other: DOE 10/01/2048 12. Federal Funding Agency Environmental Protection Agency Catalogue of Federal Assistance (CFDA) Number 66.468 13.Borrower Tax ID # 91-1983815 14.SWV # 0007164-00 15.Borrower UBI # 113000052 16.Borrower UEI # VJX8X4J5TL95 17. Contract Purpose DOH and the party identified above as Borrower, hereafter referred to as BORROWER, have entered into this contract to fund the project identified above that furthers the goals and objectives of the DOH DWSRF Program. The project will be done by the BORROWER as described in the scope of work and this contract. The rights and obligations of the parties are governed by this contract and the following documents incorporated by reference: General Terms and Conditions including Declarations; Attachment I: Scope of Work (Project); Attachment II Attorney's Certification; Attachment III: Federal and State Requirements; Attachment IV: Disadvantaged Business Enterprise Requirements; Attachment V: Certification Regarding Debarment, Suspension, and Other Responsibility Matters; Attachment VI: DWSRF Eligible Project Costs; and Attachment VII: Labor Standard Provisions for Subrecipients that are Governmental Entities. By the signature below, the parties acknowledge and accept the terms of this contract. FOR CONTRACTOR FOR DOH SIGNATURE AND DATE SIGNATURE and DATE NAME and TITLE NAME and TITLE APPROVED AS TO FORM ONLY Mark Calkins, AAG Signature on File Page 221 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 2 of 31 DWSRF Loan Contract (Municipal) v1 2.TABLE OF CONTENTS 1.CONTRACT FACE SHEET 2.TABLE OF CONTENTS 3.DECLARATIONS 3.1. BORROWER INFORMATION 3.2. PROJECT INFORMATION (PROJECT) 3.3. CONTRACT COMMUNICATION 3.4. LOAN INFORMATION 3.5. FUNDING INFORMATION 3.6. SPECIAL TERMS AND CONDITIONS 4.GENERAL TERMS AND CONDITIONS 4.1. AUTHORITY 4.2. FULL AGREEMENT 4.3. ORDER OF PRECEDENCE 4.4. LOAN AMOUNT 4.5. LOAN FEE 4.6. LOAN TERM 4.7. INTEREST RATE 4.8. LOAN FORGIVENESS 4.9. RELEASE OF LOAN FUNDS AND REQUIRED DOCUMENTATION 4.10. TIME OF PERFORMANCE 4.11. PROJECT COMPLETION AMENDMENT AND THE PROJECT COMPLETION REPORT 4.12. LOAN PAYMENTS 4.13. LOAN DEFAULT 4.14. LOAN SECURITY 4.15. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS AND WAIVERS 4.16. BUILD AMERICA, BUY AMERICA 4.17. ATTORNEY’S FEES 4.18. BONUS AND COMMISSION PAYMENTS NOT ALLOWED 4.19. COMPLIANCE 4.20. DISPUTES 4.21. ELIGIBLE PROJECT COSTS 4.22. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM 4.23. FINANCIAL AUDIT 4.24. GOVERNING LAW AND VENUE 4.25. HISTORICAL AND CULTURAL REQUIREMENTS 4.26. INDEMNIFICATION 4.27. INDUSTRIAL INSURANCE REQUIREMENTS Page 222 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 3 of 31 DWSRF Loan Contract (Municipal) v1 4.28. LITIGATION 4.29. NONDISCRIMINATION 4.30. PREVAILING WAGE 4.31. PROCUREMENT 4.32. PROHIBITION STATEMENT 4.33. PROJECT SIGNS 4.34. PUBLICITY 4.35. RATES AND RESERVES 4.36. RECAPTURE 4.37. RECORDKEEPING AND ACCESS TO RECORDS 4.38. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM) 4.39. SEVERABILITY 4.40. SUBCONTRACTING 4.41. SURVIVAL 4.42. TERMINATION FOR CAUSE 4.43. TERMINATION OR SUSPENSION FOR CONVENIENCE 4.44. TERMINATION PROCEDURES 4.45. WORK HOURS AND SAFETY STANDARDS ATTACHMENT I SCOPE OF WORK (PROJECT) ATTACHMENT II ATTORNEY’S CERTIFICATION ATTACHMENT III FEDERAL AND STATE REQUIREMENTS ATTACHMENT IV DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ATTACHMENT VI DWSRF ELIGIBLE PROJECT COSTS ATTACHMENT VII LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Page 223 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 4 of 31 DWSRF Loan Contract (Municipal) v1 3.DECLARATIONS 3.1. BORROWER INFORMATION Legal Name: City of Pasco Loan Number: DWL29708-0 Award Year: 2023 State Wide Vendor Number: SWV# 0007164-00 3.2. PROJECT INFORMATION Project Title: West Pasco Treatment Plant Improvement ph 3 and 4 add’l Funds Project Location (City or County): Franklin Project State: Washington Project Zip Code: 99301 Project Scope of Work (PROJECT): Attachment I, attached hereto and incorporated by reference 3.3 CONTRACT COMMUNICATION Communications regarding Contract performance is delegated by each party to its Contract Manager. Either party may change its Contract Manager by notice to the other party. Either party may identify on an as needed basis an alternate Contract Manager to serve during the stated temporary absence of its primary Contract Manager. Notices between the parties regarding Contract performance must be provided by written communication to the other party’s Contract Manager. Written communication includes email but not voice mail. Notices are presumed received by the other party’s Contract Manager upon evidence of delivery between the hours of 8:00 am to 5:00 pm except for state holidays and weekends. 3.4 LOAN INFORMATION Loan Amount: $1,173,943.00 Loan Fee (Included in loan amount if applicable): $11,623.00 Principal Loan Forgiveness : 0% Loan Term: 20 Years Interest Rate: 2.25% Payment Month(s): October 1st Annually Earliest Date for Construction Reimbursement: 12 months prior to contract counter signed by DOH Time of Performance 48 months from Contract start date (date of last signature) to project Completion date. Notice to Proceed: 18 months from Contract start date 3.5 FUNDING INFORMATION Total Funds from BORROWER: $0.00 Source(s) of Funds from Borrower, with assigned amounts per source: NA Total State Funds: $1,173,943.00 Total Amount of Federal Award (as applicable): N/A Total Amount of Loan: $1,173,943.00 Federal Award Date: NA Federal Award ID # (FAIN): NA Amount of Federal Funds Obligated by this Action: NA 3.6 SPECIAL TERMS AND CONDITIONS N/A Page 224 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 5 of 31 DWSRF Loan Contract (Municipal) v1 4.GENERAL TERMS AND CONDITIONS DRINKING WATER STATE REVOLVING FUND (MUNICIPAL) 4.1. AUTHORITY Acting under the authority of Section 1452 of the Safe Drinking Water Act (SDWA) Section 130, RCW 39.34, RCW 43.70.040, and RCW 70.119A.170 the Washington State Department of Health (DOH) has awarded BORROWER a Drinking Water State Revolving Fund Loan (LOAN) for the project identified in the Declarations (PROJECT). Under this CONTRACT, BORROWER is a sub-recipient of funds provided by the United States Environmental Protection Agency (EPA), CFDA Number 66.468, Safe Drinking Water State Revolving Fund. In some CONTRACT attachments, DOH is referred to as “Lender” and BORROWER is referred to as “Contractor.” 4.2. FULL AGREEMENT This CONTRACT contains the full agreement of the parties. No other understandings, oral or otherwise, regarding the subject matter of this CONTRACT exists. 4.3. ORDER OF PRECEDENCE In the event of an inconsistency in this CONTRACT, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: The order of precedence for terms and conditions under categories B and C is subject to the proviso that when a contract term or condition appears in more than one contract document, the more specific contract term or condition shall control if the different contract provisions cannot be harmonized. A.Applicable local, state, and federal statutes and regulations B.Contract amendments C.The Contract (in this order) Declarations and Special Terms and Conditions General Terms and Conditions Attachments I – VII 4.4. LOAN AMOUNT DOH, using funds from the Drinking Water Assistance Account, will loan BORROWER a sum not to exceed the amount shown as LOAN AMOUNT in the Declarations. The LOAN AMOUNT shall not exceed one hundred percent (100%) of the actual eligible PROJECT costs. 4.5. LOAN FEE If DOH assessed a LOAN FEE, it is shown in the Declarations as LOAN FEE and included in the total LOAN AMOUNT. The fee (if applicable) is one percent (1%) of the loan request and will not be reduced, regardless of the final LOAN AMOUNT at PROJECT completion. If the LOAN FEE applies and the total LOAN AMOUNT is increased by amendment, DOH will assess an additional LOAN FEE equal to one percent (1%) of the additional LOAN AMOUNT. LOAN FEES are non-refundable. 4.6. LOAN TERM Unless changed by an amendment, the LOAN TERM will not exceed the period of time shown in the Declarations. The repayment period for DOH subsidized loans is twenty-four (24) years from this CONTRACT’s start date. The repayment period for non-DOH subsidized loans is twenty (20) years from this CONTRACT’s start date. 4.7. INTEREST RATE The interest rate is stated in the Declarations. Interest is per annum on the outstanding principal balance and starts to accrue from the date DOH releases LOAN FUNDS to BORROWER. Page 225 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 6 of 31 DWSRF Loan Contract (Municipal) v1 4.8. LOAN FORGIVENESS If the LOAN qualifies for LOAN Forgiveness, the percent of the LOAN balance that DOH will forgive at PROJECT completion is stated in the Declarations. DOH calculates the amount forgiven when DOH approves the BORROWER’s Project Completion Report. The amount forgiven will be based on either the LOAN AMOUNT or BORROWER’s ELIGIBLE PROJECT COSTS, whichever is less, and accrued interest. 4.9. RELEASE OF LOAN FUNDS AND REQUIRED DOCUMENTATION DOH will release LOAN funds to BORROWER to reimburse BORROWER for eligible PROJECT costs. To request reimbursement, BORROWER must submit a signed and completed invoice using a form provided by DOH. The invoice must reference the PROJECT activity performed, and include supporting documentation such as bills, invoices, receipts, and documentation of compliance with CONTRACT requirements as requested by DOH. The invoice must signed by an official of BORROWER with authority to bind BORROWER. Invoices must also include a report of the progress made since the last invoice, and the PROJECT status to date. DOH will not release funds until the PROJECT status report and documentation are approved by DOH. Approval will not be unreasonably withheld or delayed. After approving the invoice, documentation, and PROJECT status report, DOH will release funds to BORROWER within thirty (30) days, if BORROWER is not in alleged or actual breach of CONTRACT. DOH will withhold ten percent (10%) of LOAN funds until DOH confirms that BORROWER has successfully completed all steps for PROJECT COMPLETION. The 10% holdback will be available to BORROWER as part of the last LOAN disbursement. 4.10. TIME OF PERFORMANCE BORROWER will begin the activities in the PROJECT within thirty (30) calendar days of the CONTRACT start date. BORROWER will issue a ‘Notice to Proceed’, after the formal award of a construction contract, within eighteen (18) months of the CONTRACT start date. BORROWER must reach PROJECT COMPLETION within the TIME OF PERFORMANCE. If there are extenuating circumstances, BORROWER may request, in writing, at least ninety (90) calendar days prior to the PROJECT COMPLETION that DOH extend the deadline for PROJECT COMPLETION. At its discretion, DOH may issue an extension. DOH’s decision is final and not subject to the dispute clause. If BORROWER does not meet the requirements of this section, it is a breach of CONTRACT, and DOH may terminate or suspend this CONTRACT. 4.11. PROJECT COMPLETION AMENDMENT AND THE PROJECT COMPLETION REPORT The PROJECT Completion Amendment determines the final LOAN AMOUNT and LOAN TERM. When activities in the PROJECT are complete, BORROWER will start the process for the PROJECT Completion Amendment by sending DOH the PROJECT Completion Report. In the PROJECT Completion Report., BORROWER will provide the following information to DOH: A. A statement of the actual dollar amount spent, from all fund sources, to complete the PROJECT. B. A statement that all ELIGIBLE PROJECT COSTS have been incurred. Costs are incurred when goods and services are received and/or contracted work is performed. C. Evidence showing BORROWER’S compliance with financial the audit requirements of this CONTRACT. D. An invoice for the remaining ELIGIBLE PROJECT COSTS. E. Documentation of BORROWER’s compliance with National Historic Preservation Act, 54 USC Subtitle III. 4.12. LOAN PAYMENTS BORROWER must begin repaying the LOAN no later than one (1) year after the CONTRACT start date. Payments are due on the first day of the month(s) shown as the PAYMENT MONTH(S) in the Declarations. Payments are principal and interest accrued up to the PAYMENT MONTH(S). Page 226 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 7 of 31 DWSRF Loan Contract (Municipal) v1 BORROWER can repay in full the LOAN balance, including fees and repayment of LOAN FUNDS for ineligible project costs (if any), at any time or make accelerated payments without penalty. The final payment must be on or before the end of the LOAN TERM. 4.13. LOAN DEFAULT DOH must receive BORROWER’S payment within thirty (30) calendar days of the due date. Late payments are delinquent and assessed a monthly penalty on the first (1st) day past the due date. The penalty is one percent (1%) of the late payment amount per month. Penalty and fees accrue interest at the rate stated as LOAN INTEREST in the Declarations. DOH may notify any other entity, creditors, or potential creditors of BORROWER’s delinquency. BORROWER is responsible for all attorney fees and costs incurred by DOH in any action taken to enforce its rights under this section, including in any alternative dispute resolution proceeding. 4.14. LOAN SECURITY LOAN Security is only required if identified in the Declarations. In its sole discretion and if allowed under the EPA regulations relevant to this Contract, DOH may subordinate its LOAN security to Borrower’s obligations under existing or future bonds and notes. Nothing in this section releases BORROWER from the obligation to make LOAN PAYMENTS when due, and to adjust rates, fees, or surcharges as necessary to meet its obligations under this CONTRACT. 4.15. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS Amendments, modifications, assignments, and waivers to any of the terms of this CONTRACT supersede, if applicable, those terms as found in the original CONTRACT, and are not binding unless they are in writing and signed by representatives authorized to bind each of the parties. Only the authorized representative or their designee has the express, implied, or apparent authority to alter, amend, assign, modify, or waive any terms of this CONTRACT. Neither this CONTRACT nor any claim arising under it may be transferred or assigned by BORROWER without DOH’s prior written consent. During the LOAN TERM, DOH must approve in advance, any change in ownership of the water system(s) improved with LOAN FUNDS. DOH may require the LOAN, including fees and ineligible project costs (if any), be paid in full as a condition of approval. Nothing in this CONTRACT may be waived unless approved by DOH in writing. No waiver of any default or breach is implied from any failure to take action upon such default or breach if the default of breach persists or repeats. Waiver of any default or breach is not a waiver of any subsequent default or breach. 4.16. BUILD AMERICA, BUY AMERICA None of the LOAN funds can be used for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel, manufactured products, and construction materials used in the project to be produced in the United States (“Build America, Buy America Requirements”) including iron and steel, manufactured products, and construction materials provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and Funding authority. DOH may waive this requirement if: A. Compliance would be inconsistent with the public interest; or B. The particular products are not produced in the United States in sufficient and reasonably available quantities and are not of a satisfactory quality; or C. Inclusion of products produced in the United States will increase the cost of the overall project by more than twenty-five (25) percent; and D. A waiver is approved by the Environmental Protection Agency (EPA). Page 227 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 8 of 31 DWSRF Loan Contract (Municipal) v1 BORROWER must submit the waiver request to DOH, which will submit it to EPA. The full text of the Build America, Buy America provision can be found under The Infrastructure Investment and Jobs Act ("IIJA"), Pub. L. No. 117-58, which includes the Build America, Buy America Act ("the Act"). Pub. L. No. 117-58, §§ 70901-52. 4.17. ATTORNEYS’ FEES Unless expressly stated under another section of the CONTRACT, each party agrees to bear its own attorneys’ fees and costs for litigation or other action brought to enforce the contract terms. 4.18. BONUS AND COMMISSION PAYMENTS NOT ALLOWED Funds provided under this CONTRACT cannot be used to pay any bonus or commission to gain approval of the loan application or any other approval under this CONTRACT. This section does not prohibit paying for bona fide technical consultants, managerial, or other such services, if payment is for ELIGIBLE PROJECT COSTS. 4.19. COMPLIANCE BORROWER will comply with all applicable federal, state and local laws, requirements, and ordinances for the design, implementation, and administration of the PROJECT and this CONTRACT, including but not limited to those stated in the CONTRACT attachments. BORROWER will provide DOH with documentation of compliance, if requested. In the event of BORROWER’s alleged or actual noncompliance with any part of this CONTRACT, DOH may suspend all or part of the CONTRACT, withhold payments, or prohibit BORROWER from incurring additional obligations of LOAN FUNDS during the investigation and pending corrective action by BORROWER, or a decision by DOH to terminate the CONTRACT. 4.20. DISPUTES Except as otherwise provided in this CONTRACT, when a dispute arises between the parties that cannot be solved by direct negotiation, either party may request a dispute hearing with the Director of the Office of Drinking Water (the Director), who may designate a neutral person to decide the dispute. The parties will be equally responsible for any reasonable costs and fees incurred by the neutral. The party requesting a dispute hearing must: A.Be in writing; B.State the disputed issues; C.State the relative positions of the parties; D.State BORROWER's name, address, and the CONTRACT number; E.Provide contact information for the requester’s representative , and, F.Be mailed to the other party’s (respondent’s) Contract Manager within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent must send a written answer within five (5) working days. In the alternative, the parties can agree to submit a mutual request to the Director, which should include each party’s response to the other party’s characterization of the dispute. The Director or designee will review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision on the dispute is non-binding and is not admissible in any succeeding judicial or quasi-judicial proceeding. This non-binding dispute process must precede any action in a judicial or quasi-judicial tribunal. Nothing in this CONTRACT limits the parties from using any mutually acceptable alternate dispute resolution (ADR) method in addition to or instead of the dispute hearing procedure outlined above. 4.21. ELIGIBLE PROJECT COSTS BORROWER will comply with Attachment VI: DWSRF Eligible Project Costs and is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Page 228 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 9 of 31 DWSRF Loan Contract (Municipal) v1 The purchase of any land necessary for the PROJECT must be included in the PROJECT and be documented with an appraisal or equivalent market evaluation, if approved by DOH, and a valid purchase and sale agreement. Construction expenses incurred after the date shown as earliest date for construction reimbursement in the Declarations are eligible for reimbursement. Requests for reimbursements for costs related to construction activities will not be accepted until BORROWER has met the following conditions: A.Completed the State Environmental Review Process (SEPA Review under RCW 43.21C); B.Complied with all provisions of the National Historic Preservation Act, 54 USC Subtitle III; C.Complied with Prevailing Wage requirements; D.Received approval from DOH of the project report and related construction documents for all applicable activities described in the PROJECT; and E.Complied with any other LOAN conditions required by DOH. BORROWER cannot use LOAN FUNDS for any expenses charged by BORROWER against any other contract, subcontract, or source of funds. If DOH reimburses BORROWER for costs that are later determined by DOH to be ineligible, BORROWER must repay these funds to DOH no later than when the BORROWER returns the PROJECT Completion Amendment to DOH. Prior to final completion, DOH may withhold payment for such costs as allowed under Section 4.36 RECAPTURE. Repayment is subject to interest retroactive to the date of the applicable disbursement by DOH. 4.22. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM BORROWER warrants that they have not and will not submit to DOH any information that is materially false, incorrect, or incomplete. Providing false, fictitious, or misleading information with respect to the receipt and disbursements of LOAN funds is a basis for criminal, civil, or administrative fines and/or penalties. DOH may also pursue applicable remedies for violations by BORROWER of this section. 4.23. FINANCIAL AUDIT DOH may require BORROWER to obtain an audit of this PROJECT conforming to Generally Accepted Accounting Principles (GAAP). BORROWER will maintain its records and accounts to facilitate the audit. BORROWER is responsible for correcting any audit findings. BORROWER is responsible for any audit findings incurred by its own organization and/or its subcontractors. DOH reserves the right to recover from BORROWER all disallowed costs and INELEGIBLE PROJECT COSTS resulting from the audit. The audit must include a report on compliance, including an opinion (or disclaimer of opinion) about whether the BORROWER is in compliance with laws, regulations and requirements of this CONTRACT that could have a direct and material effect on DOH. BORROWER must send a copy of any required audit per 2 CFR §200.512 to the DOH Contract Manager, no later than nine (9) months after the end of BORROWER’s fiscal year(s). BORROWER must send any audit corrective action plan for audit findings and a copy of the management letter, within three (3) months of the audit report. 4.24. GOVERNING LAW AND VENUE This CONTRACT shall be construed and interpreted according to the laws of the state of Washington, and the venue of any action brought under the CONTRACT will be in the Superior Court for Thurston County. 4.25. HISTORICAL AND CULTURAL REQUIREMENTS BORROWER will not conduct or authorize destructive PROJECT planning activities before completing the requirements of the National Historic Preservation Act, 54 USC Subtitle III. BORROWER will not begin construction activities, ground disturbance, or excavation of any sort, until BORROWER has complied with all requirements of the National Historic Preservation Act of 1966, as amended. If historical or cultural artifacts are discovered during the PROJECT, BORROWER will immediately stop construction and implement reasonable measures to protect the discovery site from further disturbance, take Page 229 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 10 of 31 DWSRF Loan Contract (Municipal) v1 reasonable steps to ensure confidentiality of the discovery site, restrict access to the site, and notify the concerned tribe’s cultural staff or committee, Tribal Historical Preservation Officer (THPO), DOH Contract Manager, and the State's Historical Preservation Officer (SHPO) at the Washington State Department of Archaeology and Historic Preservation (DAHP). If human remains are uncovered, BORROWER will report the presence and location of the remains to the local coroner and law enforcement immediately, then contact the concerned tribe’s cultural staff or committee, DOH Contract Manager, and DAHP. BORROWER is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural sites and artifacts and will hold harmless the state of Washington and DOH in relation to any claim related to historical or cultural sites discovered, disturbed, or damaged as a result of BORROWER’S and BORROWER’s subcontractors activities. BORROWER will include the requirements of this section in all contracts for work or services related to the PROJECT. BORROWER will require that bid documents include an inadvertent discovery plan that meets the requirements of this section. 4.26. INDEMNIFICATION BORROWER agrees to defend, indemnify, and hold harmless DOH and the state of Washington for claims arising out of or incident to BORROWER’S or any BORROWER’S subcontractor’s performance or failure to perform the CONTRACT. BORROWER’S obligation to indemnify, defend, and hold harmless DOH and the state of Washington shall not be eliminated or reduced by any actual or alleged concurrent negligence of DOH or its agents, agencies, employees and officials. BORROWER’S obligation to indemnify, defend and hold harmless DOH and the state of Washington includes any claim by BORROWER’S agents, employees, officers, subcontractors or subcontractor employees. BORROWER waives immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 4.27. INDUSTRIAL INSURANCE COVERAGE BORROWER will comply with the applicable parts of Title 51 RCW, Industrial Insurance. If BORROWER fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as required by law, DOH may collect from BORROWER the full amount payable to the Industrial Insurance Accident Fund. DOH may deduct the amount owed by BORROWER to the accident fund from the amount payable to BORROWER by DOH under this CONTRACT, and transmit the deducted amount to the Washington State Department of Labor and Industries (L&I). 4.28. LITIGATION BORROWER warrants that there is no threatened or pending litigation, investigation, or legal action before any court, arbitrator, or administrative agency that, if adversely determined against BORROWER, would have a materially adverse effect on BORROWER’s ability to repay the LOAN. BORROWER agrees to promptly notify DOH if any above-referenced actions become known to BORROWER during the pendency of the Contract. 4.29. NONDISCRIMINATION BORROWER will not discriminate on the basis of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability in the performance of this CONTRACT. BORROWER will comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington’s Law Against Discrimination and 42 USC 12101 et seq., the Americans with Disabilities Act (ADA), and 40 CFR Part 33 Participation by Disadvantaged Business Enterprises in US EPA Programs . Failure by BORROWER to carry out these requirements is a material breach of this CONTRACT. BORROWER is required to include these non-discriminatory provisions in any contract with a subcontractor. 4.30. PREVAILING WAGE BORROWER will assure that all contractors and subcontractors performing work funded through this CONTRACT comply with prevailing wage laws by paying the higher of state or federal prevailing wages. BORROWER is legally and financially responsible for compliance with the prevailing wage requirements. BORROWER should consult the Page 230 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 11 of 31 DWSRF Loan Contract (Municipal) v1 United States Department of Labor and Washington State Department of Labor and Industries websites to determine the federal and State prevailing wages that must be paid. 4.31. PROCUREMENT BORROWER will comply with all procurement requirements for subcontracting for the PROJECT and for obtaining PROJECT-related goods and services. BORROWER must maintain records to verify compliance with procurement requirements. BORROWER must ensure that all contractors, subcontractors, engineers, vendors, and any other entity for work or services listed in the PROJECT will insert in full, in any contract, the labor standards provisions in Attachment VIII: Labor Standard Provisions for Subrecipients That Are Governmental Entities. 4.32. PROHIBITION STATEMENT Per Section 106 of the federal Trafficking Victims Protection Act, BORROWER `s contractors, subcontractors, engineers, vendors, and any other entity performing work funded by this CONTRACT must comply with and include the following terms and conditions in all contracts for work or services for the PROJECT. “All forms of trafficking in persons, illegal sex trade, or forced labor practices are prohibited in the performance of this award or subawards under the award, or in any manner during the period of time that the award is in effect. This prohibition applies to you as the recipient, your employees, subrecipients under this award, and subrecipients’ employees.” 4.33. PROJECT SIGNS If BORROWER displays, during the TIME OF PERFORMANCE, any signs or markers identifying parties that are providing funds for the PROJECT, BORROWER must include the Washington State Department of Health Drinking Water State Revolving Fund and the Washington State Department of Health as participants in the PROJECT. 4.34. PUBLICITY BORROWER agrees to get prior written consent from DOH’s Contract Manager before publishing or using any advertising or publicity materials that include Washington State or DOH’s name, or includes language that may reasonably infer or imply a connection with either one. 4.35. RATES AND RESERVES BORROWER will maintain reserves at a minimum as required by the Water System Plan or Small Water System Management Plan. BORROWER will timely adopt rate increases and/or capital assessments for the system’s services to provide sufficient funds, along with other revenues of the system, to pay all operating expenses and debt repayments during the LOAN TERM. 4.36. RECAPTURE DOH reserves the right to recapture from BORROWER sufficient funds to compensate DOH for BORROWER’s noncompliance with any part of this CONTRACT, in addition to any other remedies available under the CONTRACT, at law, or in equity. DOH may withhold LOAN FUNDS from BORROWER to recapture such funds. 4.37. RECORDKEEPING AND ACCESS TO RECORDS DOH, its agents, and authorized officials of the state and federal governments will have full access and the right to examine, copy, excerpt, or transcribe, at no additional cost and at all reasonable times, any pertinent documents, papers, records, and books of BORROWER and of persons, firms, or organizations with which BORROWER may contract, involving transactions related to this CONTRACT. BORROWER agrees to keep complete records of its compliance with this CONTRACT for a period of six (6) years from the date that the debt to DOH is paid in full. This includes but is not limited to financial reports. If any litigation, claim or audit is started before the expiration of the six (6) year period, BORROWER must keep the records until all litigation, claims or audit findings involving the records have been resolved. These records retention requirements are in addition to the local government records retention schedules applicable to the BORROWER. Page 231 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 12 of 31 DWSRF Loan Contract (Municipal) v1 4.38. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM) BORROWER must comply with 48 CFR 52.204-7 to register with the System for Awards Management (SAM.gov). BORROWER is responsible for the accuracy and completeness of its data in the SAM database and any liability resulting from the Government or DOH reliance on inaccurate or incomplete data in it. BORROWER must remain registered in the SAM database. BORROWER should annually review its information in SAM to ensure it is accurate and complete. 4.39. SEVERABILITY If any part of this CONTRACT or part of any document incorporated by reference is found to be invalid, it will not affect the other parts of this CONTRACT that can be given effect without the invalid part. 4.40. SUBCONTRACTING Prior to awarding contracts and/or subcontracts, BORROWER must verify that the complete names of both the selected contractor and the owner or president are not in the Federal Excluded Parties List System for Ineligible Professionals and Debarred Contractors (www.SAM.gov). BORROWER must provide the DOH Contract Manager with a screen printout documenting that neither the firm, the owner or the president are excluded. BORROWER will ensure that every contract and subcontract awarded for the PROJECT after the CONTRACT start date will bind the parties to follow all applicable terms of this CONTRACT. BORROWER is responsible to DOH for noncompliance by its contractors and/or subcontractors. BORROWER’s contracts or subcontracts do not release or reduce the BORROWER’s liability to DOH for any breach in the performance of BORROWER’s duties. BORROWER’s contracts and subcontracts must include a term that the state of Washington and DOH are not liable for claims or damages arising from a contractor and/or subcontractor’s performance or lack thereof. 4.41. SURVIVAL The CONTRACT’s terms, conditions, and warranties that by its sense and context are intended to survive the completion of the performance, cancellation or termination of this CONTRACT, shall so survive. 4.42. TERMINATION FOR CAUSE If DOH concludes that BORROWER has failed to comply with the CONTRACT requirements or has otherwise breached one or more parts of the CONTRACT, DOH may, at its discretion, upon notice to BORROWER, terminate or suspend the CONTRACT and/or its attached agreements in whole or in part. The notice will be in writing and state the reason(s) for termination or suspension, and the effective date. The effective date will be determined by DOH. The notice will allow BORROWER at least thirty (30) business days to cure the breach, if curable. If the breach is not cured or cannot be cured within thirty (30) business days, the outstanding balance of the LOAN, with any interest accrued and other costs as authorized by the CONTRACT shall be due and payable to DOH. If DOH terminates this CONTRACT under this section, DOH is liable only for payment required under the terms of this CONTRACT for ELIGIBLE PROJECT COSTS incurred prior to the effective date of termination. At DOH’s discretion, the termination for cause may be deemed a termination for convenience if DOH determines that the default or failure to perform was outside BORROWER’s control, fault or negligence. The rights and remedies of DOH provided in this CONTRACT are not exclusive and are in addition to any other rights and remedies provided by law. Nothing in this section affects BORROWER’s obligations to immediately repay the unpaid balance of the LOAN as prescribed in the Washington Administrative Code (WAC) 246-296-150. 4.43. TERMINATION OR SUSPENSION FOR CONVENIENCE If funding or appropriation from state, federal, or other sources is withdrawn, reduced, or limited in any way during the TIME OF PERFORMANCE, DOH may: A.Delay or suspend releasing LOAN FUNDS until funding or appropriation are available to DOH; or B.Amend the CONTRACT to reflect the new funding limitations and conditions; or Page 232 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 13 of 31 DWSRF Loan Contract (Municipal) v1 C.Terminate the CONTRACT and/or its attached agreements, in whole or in part; or D.Suspend the CONTRACT and/or its attached agreements, in whole or in part. If DOH terminates the CONTRACT and/or its attached agreements in whole or in part, under this section, DOH will notify BORROWER’s representative in writing of the reason(s) for termination, and the effective date. The effective date will be determined by DOH. DOH may choose to suspend this CONTRACT and/or its attached agreements in whole or in part, if DOH determines that the funding insufficiency will likely be resolved in time for BORROWER to resume activities prior to the end of the TIME OF PERFORMANCE. DOH will notify BORROWER’s representative by facsimile or email of the reason(s) for suspension, and the effective date. DOH will determine the effective date. BORROWER must suspend performance on the effective date of the suspension. During the period of suspension each party must notify the other party’s representative of any conditions that may reasonably affect its ability to resume performance. During the suspension, when DOH determines that the funding insufficiency is resolved, DOH may notify BORROWER’s representative of the proposed date to resume performance. BORROWER must respond to DOH’s representative in writing, within five (5) business days of DOH sending notice, as to whether it can resume performance on that date or offer an alternative date to resume performance. If BORROWER cannot resume performance or the alternative date is not acceptable to DOH, the parties agree the CONTRACT will be deemed terminated for convenience, retroactive to the original date of suspension. If DOH terminates or suspends this CONTRACT, DOH is liable only for payment required under the terms of this CONTRACT for eligible project costs incurred prior to the effective date of suspension or termination. Nothing in this section shall affect Contractor’s obligations to repay the unpaid balance of the LOAN. Nothing in this section affects BORROWER’s obligation to repay the LOAN, including fees and other expenses as allowed by the CONTRACT. 4.44. TERMINATION PROCEDURES When BORROWER receives Notice of Termination or on the date a suspension is converted to a termination, except as otherwise directed by DOH, BORROWER will: A.Stop work under the CONTRACT on the date, and to the extent specified, in the notice; B.Place no further orders or subcontracts for materials, services, or facilities related to the CONTRACT; C.If expressly requested by DOH, assign to DOH any or all of the rights, title, and interest of BORROWER under the orders and subcontracts so terminated, in which case DOH has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by BORROWER to settle such claims must have the prior written approval of DOH; and D.Preserve and transfer any materials, CONTRACT deliverables and/or DOH property in BORROWER’s possession as directed by DOH. Upon termination of this CONTRACT, DOH will pay BORROWER for amounts due under the CONTRACT prior to the date of termination unless such payment is precluded under any other provision of this CONTRACT. DOH may withhold any amount due as DOH reasonably determines is necessary to protect DOH against potential loss or liability resulting from the termination. DOH will pay any withheld amount to BORROWER if DOH later determines that loss or liability will not occur. 4.45. WORK HOURS AND SAFETY STANDARDS If this CONTRACT exceeds $100,000, BORROWER must comply with the applicable Contract Work Hours and Safety Standards Act (40 USC Chapter 37). These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Page 233 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 14 of 31 Attachment I: Scope of Work DWSRF Loan Contract (Municipal) ATTACHMENT I: SCOPE OF WORK (PROJECT) DWSRF PROGRAM CONSTRUCTION LOAN CONTRACT INFORMATION APPLICATION #2023-4228, CITY OF PASCO, WEST PASCO WTP IMPROVEMENTS PHASES 3 & 4 DWSRF Scope of Work Form: Scope of Work: Project to include: 1.Submit project report and construction drawings to Eastern Regional Office for review and approval. Submit approval letter. 2.Submit bid documents to Eastern Regional Office for review and approval. Submit approval letter. 3.Complete SEPA and submit determination and publication affidavit. 4.Add two 3 MGD pumps and one 6 MGD pump with piping, electrical, instrumentation, and control systems to connect to the existing water system. In addition to costs of construction, costs may include (but are not limited to): engineering, design, construction inspection, hydrogeologic assessment, permits, public involvement, preparation of bid documents, fees, taxes, legal, administrative and audit. Page 234 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 15 of 31 Attachment I: Scope of Work DWSRF Loan Contract (Municipal) APPLICATION #2023-4228, CITY OF PASCO, WEST PASCO WTP IMPROVEMENTS PHASES 3 & 4 Project Costs by Cost Category: COST CATEGORY CURRENT ESTIMATES Engineering Report (Preliminary Engineering) $0 Environmental Review $0 Historical Review/Cultural Review $0 Land/ROW Acquisition $0 Permits $0 Public Involvement/Information $0 Bid Documents (Design Engineering) $0 Construction: Estimated Cost. Provide details on following pages. $1,056,655 Contingency: (10% min, 20% max) $105,665 DOH Review/Approval Fees: $0 Sales or Use Taxes $0 Construction Engineering/Inspection $0 Insurance: $0 Audit: $0 Legal: $0 Service Meters (Purchase and Installation) $0 Other: $0 TOTAL ESTIMATED PROJECT COSTS (before Loan Fee) $1,162,320 DWSRF Loan Origination Fee (1%) $11,623 DWSRF Loan Award $1,173,943 Page 235 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 16 of 31 Attachment I: Scope of Work DWSRF Loan Contract (Municipal) APPLICATION #2023-4228, CITY OF PASCO, WEST PASCO WTP IMPROVEMENTS PHASES 3 & 4 Project Funding: TYPE OF FUNDING SOURCE CURRENT STATUS Grants and Other Non-Matching Funds Grant #1 $ Grant #2 $ Other Grants $ New Grants $ Total Grants and Other Non-Matching Funds a)$ Loans This Loan Request DWSRF loan (DWL29708-0) $1,173,943 Other Loan #1 DWSRF loan (DWL29303-0) $12,000,000 Other Loan #2 $ Other Loans $ New Loans $ Total Loans b)$13,173,943 Local Revenue Source #1 $ Source #2 $ Other Local Revenue $ New Local Revenue $ Total Local Revenue c)$ Other Funds Other Funds $ Other Funds $ Total Other Funds d)$ TOTAL PROJECT FUNDING e)$13,173,943 Page 236 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 17 of 31 Attachment I: Scope of Work DWSRF Loan Contract (Municipal) APPLICATION #2023-4228, CITY OF PASCO, WEST PASCO WTP IMPROVEMENTS PHASES 3 & 4 Engineer’s Certification: The term of this loan will be based on an engineer’s certification of the expected useful life of the improvements, as stated below, or 20 years, whichever is less. If the jurisdiction prefers the term of its loan to be less than either 20 years or the useful life of the improvements, the preferred loan term should be indicated here: __ years. I, _______________________, licensed engineer, certify that the average expected useful life for the improvements described above is __ years. Signed: ____________________________ Name: ____________________________ Date: ____________________________ Telephone: ____________________________ Professional Engineer License Number: _____________ Page 237 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 18 of 31 Attachment I: Scope of Work DWSRF Loan Contract (Municipal) ATTACHMENT II: ATTORNEY’S CERTIFICATION DRINKING WATER STATE REVOLVING FUND (MUNICIPAL) I, ________________________________________________, hereby certify: I am an attorney at law admitted to practice in the state of Washington and the duly appointed attorney of BORROWER identified in the Declarations of the Contract identified above; and I have also examined any and all documents and records, which are pertinent to the Contract, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1.BORROWER is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the state of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in its application. 2.BORROWER is empowered to accept the Drinking Water State Revolving Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3.There is currently no litigation in existence seeking to enjoin the commencement or completion of the above- described public facilities project or to enjoin BORROWER from repaying the Drinking Water State Revolving Fund loan extended by DOH with respect to such project. BORROWER is not a party to litigation, which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4.Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to BORROWER. __________________________________ _____________________________ Signature of Attorney Date __________________________________ Name and BAR Number (WSBA No.) _______________________________________________________________________ Address Page 238 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 19 of 31 Attachment III: Federal and State Requirements DWSRF Loan Contract (Municipal) v1 ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS (NOT ALL INCLUSIVE) 1)Environmental and Cultural Authorities a)Archeological and Historic Preservation Act of 1974, Public Law 86-523 as amended b)Clean Air Act, Public Law 84-159 as amended c)Coastal Zone Management Act, Public Law 92-583 as amended d)Endangered Species Act, Public Law 93-205 as amended e)Environmental Justice, Executive Order 12898 f)Floodplain Management, Executive Order 11988 as amended by Executive Order 12148 g)Protection of Wetlands, Executive Order 11990 h)Farmland Protection Policy Act, Public Law 97-98 i)Fish and Wildlife Coordination Act, Public Law 85-624 as amended j)National Historic Preservation Act, 54 USC Subtitle III k)Safe Drinking Water Act, Public Law 93-523 as amended l)Wild and Scenic Rivers Act, Public Law 90-542 as amended m)Washington State Environmental Policy Act, Chapter 43.21C RCW n)Native American Graves Protection and Repatriation Act, Archaeological Resources Protection Act, Revised Code of Washington (RCW) 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and Washington Administrative Code (WAC) 25-48 regarding Archaeological Excavation and Removal Permits. Buy America Build America Requirements 2)DWSRF construction projects chosen for FFATA/Equivalency reporting must comply with the Buy America Build America provisions. Projects started prior to May 14, 2022, may be exempt. Visit the EPA website for more information on the BABA requirements and the waiver process at https://www.epa.gov/cwsrf/build-america-buy- america-baba 3)Economic and Miscellaneous Authorities a)Demonstration Cities and Metropolitan Development Act of 1996, Public Law 89-754 as amended, Executive Order 12372 b)Procurement Prohibitions under Section 306 of the Clean air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Ac with Respect to Federal Contracts, Grants, or Loans c)Uniform Relocation and Real Property Policies Act, Public Law 91-646 as amended d)Debarment and Suspension, Executive Order 12549 e)H.R. 3547, Consolidated Appropriations Act, 2014. 4)Social Policy Authorities a)Age Discrimination Act of 1975, Public Law 94-135 b)Title VI of the Civil Rights Act of 1964, Public Law 88-352 c)Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500 (the Clean Water Act) d)Section 504 of the Rehabilitation Act of 1973, Public Law 93-112 (including Executive Orders 11914 and 11250) e)Equal Employment Opportunity, Executive Order 11246 f)Disadvantaged Business Enterprise, Public Law 101-549 (the Clean Air Act), and Public Law 102-389 (the Clean Water Act) g)Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Public Law 100- 590 h)Chapter 49.60 RCW, Washington’s Law against Discrimination, and 42 USC 12101 et seq. the Americans with Disabilities Act (ADA). i)The Contract Work Hours and Safety Standards Act (40 USC 327-333)-Where applicable. j)The Genetic Information Nondiscrimination Act of 2008 (GINA), 42 USC s. 2000ff et seq. 5)State Laws a)Chapter 36.70A RCW, Growth Management Act b)Chapter 39.80 RCW, Contracts for Architectural and Engineering Services c)Chapter 39.12 RCW, Washington State Public Works Act d)Chapter 43.20 RCW, State Department of Health of Health Page 239 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 20 of 31 Attachment III: Federal and State Requirements DWSRF Loan Contract (Municipal) v1 e)Chapter 43.70 RCW, Department of Health f)Chapter 43.155 RCW, Public Works Project g)Chapter 70.116 RCW, Public Water Systems Coordination Act of 1977 h)Chapter 70.119 RCW, Public Water Supply Systems Certification and Regulation of Operations i)Chapter 70.119A RCW, Public Water Systems, Penalties & Compliances j)Chapter 246-290 WAC, Group A Public Water Systems k)Chapter 246-291 WAC, Group B Public Water Systems l)Chapter 246-292 WAC, Waterworks Operator Certification Regulations m)Chapter 246-293 WAC, Water Systems Coordination Act n)Chapter 246-294 WAC, Drinking Water Operating Permits o)Chapter 246-295 WAC, Satellite System Management Agencies p)Chapter 246-296 WAC Drinking Water State Revolving Fund Loan Program q)Chapter 173-160 WAC, Minimum Standards for Construction & Maintenance of Wells r)Title 173 WAC, Department of Ecology Rules s)Title 40 Part 141 Code of Federal Regulations, Federal National Primary Drinking Water Regulations (Section Adopted by Reference) Page 240 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 21 of 31 Attachment IV: DBE Requirements DWSRF Loan Contract (Municipal) v1 ATTACHMENT IV: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS GENERAL COMPLIANCE, 40 CFR, Part 33 BORROWER must comply with the requirements of Environmental Protection Agency's Program for Utilization of Small, Minority and Women's Business Enterprises (MBE/WBE) in procurement under this Contract, contained in 40 CFR, Part 33.BORROWER will use the directory of certified firms available through the Washington State Office of Minority and Women’s Business Enterprises to meet the requirements. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D The following are exemptions from the fair share objective Requirements: •Grant and loan recipients receiving a total of $250K or less in EPA financial assistance in a given fiscal year. •Tribal recipients of Performance Partnership Eligible grants under 40 CFR Part 35, Subpart B. o There is a 3-year phase in period for the requirement to negotiate fair share goals for Tribal and Insular Area recipients. •Recipients of Technical Assistance Grants. The Fair Share Objectives or goals for the utilization of disadvantaged businesses negotiated with EPA by the WA Office of Minority Women Business are stated below. Construction 10% MBE 6% WBE Supplies 8% MBE 4% WBE Equipment 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE BORROWER must accept the fair share objectives/goals stated above and purchase the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as WA Office of Minority Women Business goals. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, BORROWER will make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub- recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained. The six good faith efforts shall include: A.Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing the Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. B.Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. C.Consider in the contracting process whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State and Local Government recipients, this will include dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. D.Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. E.Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Health. F.If the prime contractor awards subcontracts, also require the prime contractor to take the five good faith efforts in paragraphs A through E above. Page 241 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 22 of 31 Attachment IV: DBE Requirements DWSRF Loan Contract (Municipal) v1 MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503 BORROWER is required to submit MBE/WBE participation reports to DOH, on a quarterly basis, beginning with the Federal fiscal year reporting period BORROWER receives the award and continuing until the project is completed. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 BORROWER agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BORROWER agrees to require all general contractors to provide forms: EPA Form 6100-2 DBE Subcontractor Participation Form and EPA Form 6100-3 DBE Subcontractor Performance Form to all its Disadvantaged Business Enterprise subcontractors, engineers, vendors, and any other entity for work or services listed in the PROJECT. These two (2) forms may be obtained from the EPA Office of Small Business Program’s website on the internet at http://www.epa.gov/osbp/grants.htm. BORROWER agrees to require all general contractors to complete and submit to BORROWER and Environmental Protection Agency EPA Form 6100-4 DBE Subcontractor Utilization Form beginning with the Federal fiscal year reporting period BORROWER receives the award and continuing until the project is completed. Only procurements with certified MBE/WBEs are counted toward a Contractor’s MBE/WBE accomplishments. BIDDERS LIST, 40 CFR, Section 33.501(b) and (c) BORROWER is also required to create and maintain a bidders list if BORROWER of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. Section 33.501(b) of the rule is as follows: A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list. In addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund also must require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. The purpose of a bidders list is to provide the recipient and entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the universe of MBE/WBE and non- MBE/WBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or quote on subcontracts under EPA assisted projects, including both MBE/WBEs. The bidders list must be kept until the grant project period has expired and the recipient is no longer receiving EPA funding under the grant. For entities receiving identified loans, the bidders list must be kept until the project period for the identified loan has ended. The following information must be obtained from all prime and subcontractors: (1)Entity’s name with point of contact; (2)Entity’s mailing address, telephone number, and e-mail address; (3)The procurement on which the entity bid or quoted, and when; and (4)Entity’s status as a MBE/WBE 1 or non-MBE/WBE. The exemption found at § 33.501(c) is as follows: A recipient of an EPA financial assistance agreement in the amount of $250,000 or less for any single assistance agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in any one fiscal year, is exempt from the paragraph (b) of this section requirement to create and maintain a bidders list. Also, a recipient under the CWSRF, DWSRF, or BCRLF Program is not required to apply the paragraph (b) of this section bidders list requirement of this subpart to an entity receiving an identified loan in an amount of $250,000 or less, or to an entity receiving more than one identified loan with a combined total of $250,000 or less in any one fiscal year. This exemption is limited to the paragraph (b) of this section bidders list requirements of this subpart. 1 Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office of Minority and Women’s Enterprises at 360-704-1181. Page 242 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 23 of 31 Attachment V: Certification Regarding Debarment DWSRF Loan Contract (Municipal) v1 ATTACHMENT V: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS United States Environmental Protection Agency Washington, DC 20460 EPA Project Control Number The terms, “covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded”, as used in this attachment, are defined in the rules implementing Executive Order 12549, including 13 CFR § 400.109. You may contact DOH for help getting a copy of these regulations. BORROWER, defined as the primary participant and it principals, certifies by signing below that to the best of its knowledge and belief they: A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B.Have not within a three-year (3) period preceding this CONTRACT, been convicted of or had a civil judgment against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; C.Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses described in this attachment; and, D.Have not within a three-year period (3) preceding the signing of this CONTRACT had one or more public transactions (federal, state, or local) terminated for cause or default. Prior to awarding contracts for the PROJECT, BORROWER must verify that neither the contractor’s business name(s) nor the names of its principals are in the Federal Excluded Parties List System for Ineligible Professionals and Debarred Contractors (www.SAM.gov). BORROWER must keep documentation in the PROJECT files and provide a copy to the DOH Contract Manager. BORROWER will include the language below without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: The lower tier contractor certifies, by signing this CONTRACT that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. I understand that a false statement on this certification may be ground for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine or imprisonment for up to 5 years, or both. Typed or Printed Name & Title of Authorized Representative __________________________________________________________________ Signature of Authorized Representative Date I am unable to certify to the above statements. My explanation is attached. Page 243 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 24 of 28 Attachment VI: DWSRF Eligible Project Costs DWSRF Loan Contract (Municipal) v1 ATTACHMENT VI: DWSRF ELIGIBLE PROJECT COSTS Must be directly attributable to the project. 1.The costs for complying with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 2.DWSRF loan fees. 3.The purchase of a portion of another system’s capacity, if it is the most cost effective solution (limited to publicly owned (municipal) systems). 4.Construction of reservoirs (clear wells) that are part of the treatment process and are collocated with the treatment facility. 5.Construction of distribution reservoirs (finished water). 6.Cost associated with restructuring or consolidation of existing water systems by publicly owned water systems. 7.Main extensions to connect to safe and reliable sources of drinking water. 8.Cost associated with collecting and preparing environmental assessment documents to obtain local permits. 9.Direct labor including related employee benefits: a.Salaries and wages (at actual or average rates) covering productive labor hours of employees of the borrower (excluding the administrative organization of the operating unit involved) for periods of time actively or incidentally engaged in pre-design engineering, design engineering, construction engineering, acquisition of rights of way, and the cleaning, sterilization or bacteriological testing of water system components prior to public use. The costs of services rendered by employees generally classified as administration/project management of the loan are considered a direct cost only when such employees are assigned the types of services described above and shall be limited to 3% or less of the project loan amount. b.Employee benefits relating to labor are considered a direct cost of construction projects. The following items may be included as employee benefits: •F.I.C.A. (Social Security) –employer’s share. •Retirement benefits. •Hospital, health, dental, and other welfare insurance. •Life insurance. •Industrial and medical insurance. •Vacation. •Holiday. •Sick leave. •Military leave and jury duty. Employee benefits must be calculated as a percentage of direct labor dollars. The computation of predetermined percentage rates to be applied to current labor costs must be based on the average of total employee benefits and total labor costs for the prior fiscal year and adjusted by known current year variations. c.Other than work identified in Number 9.a, no costs associated with labor performed by the borrower’s employees, including force account work, are eligible for financing assistance. 10.Contract engineering, planning, design, legal, and financial planning services. The Department of Health reserves the right to declare ineligible legal costs that are unreasonable and disproportionate to the project. 11.Contract construction work. 12.Direct vehicle and equipment charges at the actual rental cost paid for the equipment or, in the case of city or county-owned equipment, at the rental rates established by the local government’s “equipment rental and revolving fund” following the methods prescribed by the division of municipal corporations. However, such costs must be charged on a uniform basis to equipment used for all projects regardless of the source of funding. Cities with a population of eight thousand or less not using this type of fund are allowed the same rates as used by the State Department of Transportation. 13.Direct materials and supplies. 14.Other direct costs incurred for materials or services acquired for a specific project are eligible costs and may include, but are not limited to such items as: a.Telephone charges. b.Reproduction and photogrammetry costs. c.Video and photography for project documentation. d.Computer usage. e.Printing and advertising. 15.Other project related costs include: •Competitive Bidding. •Audit. •Insurance. •Prevailing wages. •Attorney fees. •Environmental Review. •Archaeological Survey. Water system plan costs are not eligible for reimbursement. Small water system management program and plan amendments costs are eligible for reimbursement. Projects may be designed to accommodate reasonable growth. This is generally the 20-year projection included in the system’s water system plan or small water system management program. Page 244 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 25 of 31 Attachment VII: Labor Standards Provisions DWSRF Loan Contract (Municipal) v1 ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6) Preamble With respect to the Clean Water and Safe Drinking Water State Revolving Funds, EPA provides capitalization grants to each state which in turn provides subgrants or loans to eligible entities within the state. Typically, the subrecipients are municipal or other local governmental entities that manage the funds. For these types of recipients, the provisions set forth under Roman Numeral I, below, shall apply. Although EPA and the State remain responsible for ensuring subrecipients’ compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary responsibility to maintain payroll records as described in Section 3(ii)(A), below and for compliance as described in Section I-5. Occasionally, the subrecipient may be a private for profit or not for profit entity. For these types of recipients, the provisions set forth in Roman Numeral II, below, shall apply. Although EPA and the State remain responsible for ensuring subrecipients’ compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary responsibility to maintain payroll records as described in Section II-3(ii)(A), below and for compliance as described in Section II-5. I.Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6) For Subrecipients That Are Governmental Entities: The following terms and conditions specify how recipients will assist EPA in meeting its Davis-Bacon (DB) responsibilities when DB applies to EPA awards of financial assistance under the FY 2013 Continuing Resolution with respect to State recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact Department of Health. If a State recipient needs guidance, they may obtain additional guidance from DOL’s web site at http://www.dol.gov/whd/. 1.Applicability of the Davis- Bacon (DB) prevailing wage requirements. Under the FY 2013 Continuing Resolution, DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on that site. 2.Obtaining Wage Determinations. (a)Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i)While the solicitation remains open, the subrecipient shall monitor www.wdol.gov weekly to ensure that the wage determination contained in the solicitation remains current. The subrecipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the subrecipient. (ii)If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c) (3) (iv). The subrecipient shall monitor www.wdol.gov on a weekly Page 245 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 26 of 31 Attachment VII: Labor Standards Provisions DWSRF Loan Contract (Municipal) v1 basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (b)If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. (c)Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (d)As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient’s contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the contract or ordering instrument by change order. The subrecipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised wage determination. 3.Contract and Subcontract provisions. (a)The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2013 Continuing Resolution, the following clauses: (1)Minimum wages. (i)All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Borrower and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Subrecipients may obtain wage determinations from the U.S. Department of Labor’s web site, www.dol.gov. (ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2)The classification is utilized in the area by the construction industry; and Page 246 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 27 of 31 Attachment VII: Labor Standards Provisions DWSRF Loan Contract (Municipal) v1 (3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B)If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C)In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv)If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2)Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3)Payrolls and basic records. (i)Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing Page 247 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 28 of 31 Attachment VII: Labor Standards Provisions DWSRF Loan Contract (Municipal) v1 apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the subrecipient(s). (B)Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2)That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section. (D)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii)The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4)Apprentices and trainees-- (i)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually Page 248 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 29 of 31 Attachment VII: Labor Standards Provisions DWSRF Loan Contract (Municipal) v1 registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5)Compliance with Copeland Act requirements. The Borrower must comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6)Subcontracts. The Borrower and/or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7)Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8)Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. Page 249 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 30 of 31 Attachment VII: Labor Standards Provisions DWSRF Loan Contract (Municipal) v1 (9)Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes will be resolved according to the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10)Certification of eligibility. (i)By entering into this contract, Borrower certifies that neither it (nor he or she) nor any person or firm who has an interest in the Borrower’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001. 4.Contract Provision for Contracts in Excess of $100,000. (a)Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3)Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b)In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made available by the Page 250 of 385 DWL29708-0 Pasco Treatment Plant addl $ 2023-4228 Page 31 of 31 Attachment VII: Labor Standards Provisions DWSRF Loan Contract (Municipal) v1 contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 5.Compliance Verification (a)The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (b)The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the contractor or subcontractor is not complying with DB. Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence." (c)The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor’s submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (d)The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e)Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the Department of Health and to the appropriate DOL Wage and Hour District Office listed at https://www.dol.gov/whd/WHD_district_offices.pdf. Page 251 of 385 November 25, 2024 Pasco City Council Workshop Meeting Pa g e 2 5 2 o f 3 8 5 DWSRF Additional Loan Agreement – WPWTP Phases 3 and 4 November 25, 2024 Pasco City Council Pa g e 2 5 3 o f 3 8 5 DWSRF Construction Loan Program 3 ❑City of Pasco identified as a recipient on the 2023 DWSRF Project Priority List for WPWTP Phases 3 &4 ❑Maximum amount for 2023-2024 loan award cycle was $12 million per jurisdiction ❑ Due to recipient ranking and availability of Bipartisan Infrastructure Law (BIL) funds, the city was awarded an additional $1.17 million beyond the initial $12M loan Pa g e 2 5 4 o f 3 8 5 DWSRF Additional Loan Agreement 4 DWL29708-0 Construction Loan – WPWTP Phase 3 and 4 TOTAL AWARD: $ 1,173,943.00 ❑20-year loan term at 2.25% interest ❑Principal loan forgiveness not included ❑Agreement scope includes Department of Health loan administration ❑Fully funded construction, including CM services and inspection Pa g e 2 5 5 o f 3 8 5 WPWTP DWSRF Loan Contracts - Scope 5 ❑Raw water strainer and membrane filter system capacity upgrades ❑Expansion of chemical treatment and backwash residual solids systems ❑Service pumping system capacity upgrades Pa g e 2 5 6 o f 3 8 5 Questions?Pa g e 2 5 7 o f 3 8 5 AGENDA REPORT FOR: City Council October 7, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 11/25/24 FROM: Jesse Rice, Director Parks & Recreation SUBJECT: Resolution - "Amtrak" National Railroad Passenger Corporation - Intermodal Transportation Facility Lease Agreement (5 minutes) I. REFERENCE(S): Resolution & Proposed Lease Agreement Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Total Ten-Year Term Rent - $410,156.82 IV. HISTORY AND FACTS BRIEF: National Railroad Passenger Corporation, "Amtrak" has leased operating for 1999 since Facility Transportation space Pasco the at Intermodal passenger train service. The most recent lease was initiated with the City in 2009, and consisted on one 5-year initial term, and two optional executed five- year extension terms which has finalized the lease this year. The National Railroad Passenger Corporation indicated their desire to continue the use of the Pasco Intermodal Transportation Facility for passenger train service and requested to enter into a new a lease agreement. Due to age of expired lease the lease agreement required review and updates from both National Railroad Passenger Corporation and the City. The new lease agreement consists of one 10-year term and includes an annual rental term market rate adjustment. Staff worked with the City's real estate representative to identify current market value based on type and square footage of space and determined that the 3% per year increase included in the Page 258 of 385 expired lease was appropriate to apply to the new 10-year term lease. This 3% annual increase is included in the Rent table below. Rent: National Railroad Passenger Corporation shallpay City of Pasco rent for the use of the premises. The rent payment amounts shall be as follows over the life of the agreement: Annual Rent 1st Year of Lease (March 2024 – February 2025) $34,661.64/annual 2nd Year of Lease (March 2025 – February 2026) $35,701.49/annual 3rd Year of Lease (March 2026 – February 2027) $36,772.53/annual 4th Year of Lease (March 2027 – February 2028) $37,875.71/annual 5th Year of Lease (March 2028 – February 2029) $39,011.98/annual 6th Year of Lease (March 2029 – February 2030) $42,593.28/annual 7th Year of Lease (March 2030 – February 2031) $43,871.07/annual 8th Year of Lease (March 2031 – February 2032) $45,187.20/annual 9th Year of Lease (March 2032 – February 2033) $46,542.82/annual 10th Year of Lease (March 2033 – February 2034) $47,939.10/annual For a 10-year total of $410,156.82. V. DISCUSSION: Staff recommends and requests the approval of the 10-year lease with National Railroad Passenger Corporation for operational space at the Pasco Intermodal Transportation Facility as proposed on the attached draft lease agreement. Page 259 of 385 Resolution – 2024 AMTRAC Lease Agr - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A 10-YEAR LEASE AGREEEMENT BETWEEN NATIONAL RAILROAD PASSENGER CORPORATION AND THE CITY OF PASCO FOR OPERATING SPACE AT THE PASCO INTERMODAL TRANSPORTATION FACILITY. WHEREAS, on March 24, 2009, the City of Pasco (City) and National Railroad Passenger Corporation established a five-year lease agreement which included two additional 5-year lease extensions for passenger service operating space at the Pasco Intermodal Transportation Facility, the “Premises”; and WHEREAS, the current lease and both lease extensions are completed; and WHEREAS, both the City and National Railroad Passenger Corporation desire to establish a new 10-Year Lease agreement for continued operations of National Railroad Passenger Corporation at the Premises; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to establish a new lease with National Railroad Passenger Corporation at the Premises. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Lease between National Railroad Passenger Corporation and the City of Pasco, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Lease on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Lease. Be It Further Resolved, that this Resolution shall take effect immediately. Page 260 of 385 Resolution – 2024 AMTRAC Lease Agr - 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, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 261 of 385 AMENDED AND RESTATED LEASE AGREEMENT (Pasco, Washington Station) This Amended and Restated Lease Agreement ("Lease") is made and entered into as of this ______ day of _______, 20__ (“Effective Date”) by and between the CITY OF PASCO , a municipal corporation organized under the state of Washington ("Landlord"), and NATIONAL RAILROAD PASSENGER CORPORATION, a corporation organized under 49 U.S.C. § 24101 et seq and the laws of the District of Columbia, ("Amtrak"). BACKGROUND WHEREAS, Landlord owns certain real property in the City of Pasco, located at 535 N. 1st Avenue, Pasco, Washington., which property and the land on which it is located is known as the Pasco Transportation Facility ("Station"), being more particularly shown on Exhibit A attached hereto and incorporated herein; and WHEREAS, Amtrak desires to renew the 2009 agreement to lease a portion of the Station from Landlord, and Landlord desires to lease a portion of the Station to Amtrak, in accordance with Section one (1). . NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the receipt and sufficiency of which is hereby acknowledged, Landlord and Amtrak, intending to be legally bound and incorporating the Background into this Lease, do hereby agree as follows: 1. PREMISES a. Landlord hereby leases to Amtrak 1041 square feet of space in the Station as delineated on the plan attached and incorporated herein as Exhibit A, attached hereto and made a part hereof, ("Premises"). b. Landlord hereby grants to Amtrak, its employees, agents, licensees, contractors, passengers, guests, visitors and invitees, the nonexclusive right in common with Landlord and all others designated by Landlord for the use of the common areas and common facilities in the Station and on the land on which the Station is located. Common areas include sidewalks, plazas, parking areas, driveways, hallways, stairways, elevators, public bathrooms, loading docks, common entrances, lobbies, other public portions of the Property and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises (collectively "Common Areas"). The Station, the land on which the Station is located, the Premises and the Common Areas are collectively referred to herein as the “Property”. 2. TERM a. The initial term of this Lease shall be for ten (10) years ("Term") commencing March 1, 2024, ("Commencement Date"). The Term will end ten (10) years thereafter, unless (i) sooner terminated (a) by Amtrak giving sixty (60) days advance written notice to Landlord that Amtrak's rail passenger service to Pasco will relocate or cease, (b) in the event Amtrak’s funding for the Premises is reduced or ceases to exist, as determined in its sole discretion, or (ii) extended by Amtrak as provided herein. b. Amtrak may terminate this lease prior to the expiration by giving the Landlord sixty (60) days advance notice of their intent to terminate the lease. 3. RENT AND OTHER CHARGES Page 262 of 385 Rent during the first year of the Term shall be Thirty-Four Thousand Six Hundred Sixty- One Dollars and sixty-four cents ($34,661.64). Rent shall increase automatically each year on the anniversary date of the Commencement Date by an amount equal to three percent (3%) of the rent for the immediately preceding year. Provided that Landlord complies with its obligations hereunder and subject to any rights of setoff hereunder, Amtrak shall pay rent in monthly installments on the first day of each month. 434. PERMITTED USE All areas of the Property, including within the Common Areas, will be available for Amtrak to use. Amtrak may occupy and use the Premises for any lawful purpose reasonably related to the operation of a passenger rail station including but not limited to ticketing, waiting area for passengers, restrooms, loading and unloading of passengers, mail, packages, non- exclusive parking area and baggage, office and mechanical and/or engineering facilities and all other operations incidental to Amtrak’s business, including, without limitation, incidental operations include retail use for the convenience of Amtrak’s passengers such as newsstands, coffee stands, ATMs and beverage and snack vending machines (collectively, the “Permitted Use”). 5. HOURS OF OPERATION Amtrak shall have the right to keep the Premises open at all such times as it desires. In the event Station is not staffed by either bus operations or Amtrak, the Station will close and be inaccessible to the public. 6. 7.6.UTILITIES Landlord shall make all arrangements and installations for the provision of, and pay for all utilities necessary for, Amtrak’s occupancy and Permitted Use of the Premises. If Landlord has made arrangements for and installed and paid for such utility lines and has caused the Premises to be individually sub-metered to measure the actual utility consumption of a utility by Amtrak, Amtrak shall pay for the costs of such actual utility consumption directly to the providing utility. 8.7. 9.8. SIGNS Amtrak's business signs, including all signs designed, erected, placed or maintained by Amtrak, or allowed to be erected, placed, or maintained by it, on the Property prior to the Commencement Date ("Existing Signs") are deemed approved by Landlord. Amtrak may (a) keep and maintain Existing Signs on the Property throughout the Term of this Lease, and (b) replace any or all Existing Signs with new signs of similar content when such replacement is warranted in Amtrak's sole discretion (any such replacement signs shall be deemed Existing Signs). Prior to replacing any Existing Signs with signs of substantially different content or erecting or installing any signs in addition to Existing Signs, Amtrak must notify Landlord of its intention to do so. Amtrak shall not erect or install any sign in the Station in violation of any applicable law, ordinance, rule or regulation of any governmental agency. 10.9. MAINTENANCE. REPAIR AND SERVICES a. Except as otherwise specifically provided herein, Landlord, at its sole cost and expense, shall be responsible for the maintenance, repair and upkeep of the Property, including the Page 263 of 385 maintenance, repair, replacement and alteration of the interior and exterior of the Station and all fixtures, equipment, components and systems that are a part of the Station or necessary to and for the operation of the Station and Amtrak’s use and occupancy of its Premises, including structural and roof repairs and maintenance and exterior landscaping, paving and maintenance. b. Landlord shall pay all costs, expenses, fees, taxes, and sums related to its ownership, operation, and maintenance of the Station before delinquency. c. Landlord shall provide at its at its sole cost and expense: (i) Heating, ventilation and air conditioning ("HVAC") for the Station, including the Premises, during all hours of scheduled passenger train (and bus) operations, to maintain temperatures in the interior portions of the Station at commercially reasonable levels, provided that in no event shall Landlord maintain heating settings below 68 degrees DB or air conditioning settings above 72 degrees DB. 50 % relative humidity, as appropriate, depending on the outside weather conditions. Throughout the Term, Amtrak shall keep a current written schedule of Amtrak passenger train (and bus) operations online. Landlord may stop the heating and cooling systems, when necessary, by reason of accident or emergency or for repairs, alterations, replacements or improvements, which, in the reasonable judgment of Landlord, are desirable or necessary. Landlord agrees to make any necessary repairs, alterations, replacements, or improvements to the heating and cooling systems as quickly as possible, with due diligence, and with the minimum interference with Amtrak’s use of the Premises. (ii) Janitorial services to the Property (including the Premises) as specified in Exhibit C; (iii) Hot and cold water sufficient for drinking, lavatory, toilet and ordinary cleaning purposes to be drawn from approved fixtures in the Premises or Common Areas; (iv) Electricity to the Premises in quantities necessary for Amtrak's purposes and use permitted hereunder and lighting of uniform illumination of an intensity equal to no less than 50 footcandles. (v) Replacement of lighting tubes, lamp ballasts, starters and bulbs; (vi) Extermination and pest control as often as may be deemed necessary in the exercise of prudent management practices for a public transportation facility. To the greatest extent possible, such work shall be performed at times other than when passenger train and bus operations are scheduled; (vii) Maintenance, cleaning and upkeep of Common Areas in a first-class manner. Such maintenance shall include without limitation cleaning as specified in Exhibit C, HVAC, illumination, repairs, replacements, lawn care and landscaping; (viii) A building manager or engineer capable of responding to Amtrak's requests for service within two (2) hours during all times when Amtrak’s passenger train (and bus) operations are scheduled. d. Landlord shall cause all utilities (including but not limited to electricity, water, and sewer) to be supplied to the Property in quantities sufficient for the operation of a first- class transportation facility, including the provision of such utilities to the Premises at levels and in amounts sufficient for Amtrak’s Permitted Use. e. Amtrak shall be responsible for the maintenance and repair of any trade fixtures, equipment or other personal property of Amtrak located on or within the Premises and charges for any services for Amtrak’s sole use and benefit arranged for by Amtrak separately from the services provided by or to be provided by Landlord under this Lease. f. Notwithstanding anything to the contrary in this Lease, if Landlord fails in any of its obligations under this Section7, and such failure continues for more than three (3) consecutive days after notice from Amtrak of such failure, Amtrak may provide any such maintenance, repairs and services or arrange for the provision of such. In the event Amtrak provides any such maintenance, repairs or service, at Amtrak’s sole option, Amtrak may offset the reasonable cost and expense of such maintenance, Page 264 of 385 repairs or service from the installment or installments of rent next due or bill Landlord for such cost and expense in which event Landlord shall reimburse Amtrak for the cost and expense of such maintenance, repairs and services within forty-five (45) days of Amtrak’s billing for such cost and expense. Upon request of Landlord, Amtrak shall supply Landlord with verification of all costs. 11.10. CCTV Ownership, control and maintenance of Landlord’s CCTV system will remain with Landlord. Landlord may make improvements to the system and will make reasonable efforts to provide notice to Amtrak prior to the implementation of the improvements. Landlord will allow Amtrak personnel access to security feeds, information, recordings, video and such other data and information from the CCTV equipment, at no cost or maintenance fees, and Amtrak police and others may share such information with law enforcement. Amtrak, at its sole cost and without Landlord consent, may install additional equipment and materials necessary to direct the rail operations or rail signals. If Amtrak chooses to make security Improvements, Amtrak may enter in, on, over, through and upon any property of Landlord to obtain access in order to make the Security Improvements. Landlord shall not alter or remove any alterations or improvements made by Amtrak to the Property during the Term or as long as Amtrak occupies the Premises or uses the Station, without prior written approval of Amtrak, which approval may be withheld by Amtrak in its sole and absolute discretion. 12.11. ALTERATIONS AND IMPROVEMENTS Amtrak shall have the right to make alterations and improvements to the Premises subject to the following terms and conditions: a. No alterations or improvements made by Amtrak shall in any way impair the structural stability of the Premises. b. Amtrak shall request Landlord’s approval prior to making any alterations or improvements and all alterations or improvements must be approved in writing by Landlord. Landlord’s approval shall not be unreasonably withheld, conditioned or delayed. c. Amtrak shall keep the Premises and every part of the Station free and clear of any mechanic's lien or materialmen's liens arising out of the construction of any such alterations or improvements and further agrees to hold Landlord harmless from any liability or liens therefor. d. All alterations and improvements that are permanently affixed to the Station shall become the property of the Landlord and shall remain on and be surrendered with the Premises at the expiration or sooner termination of this Lease or any extension of the Term of this Lease. e. Amtrak’s personal property and its trade fixtures, including machinery, equipment, and furnishings, shall remain the property of Amtrak and may be removed by Amtrak at any time during the Term or upon the expiration or sooner termination of this Lease (including any extension term). Amtrak shall repair any damage to the Premises or Station caused by Amtrak's removal of its personal property, trade fixtures, or equipment, but Amtrak shall have no obligation to remove such items from the Station at any time. 13.12. INSURANCEA AND INDEMNIFICATION a. PROPERTY INSURANCE. Amtrak shall maintain throughout the Term, at its sole cost and expense, a policy or policies of insurance for the mutual benefit of Landlord and Amtrak, against Page 265 of 385 loss or damage to Amtrak’s personal property and leasehold improvements on the Premises in the amount of ful1 replacement cost thereof, against any perils included within the classifications of fire, vandalism, explosion, malicious mischief, special extended perils (all risk) and any risk covered by the so-called Extended Coverage Endorsement (including leasehold improvements). Such policy shall be written by a company reasonably acceptable to Landlord and shall provide that the same may not be canceled except upon 30 days prior written notice to Landlord and Amtrak shall furnish to Landlord a certificate with respect thereto in connection with such policy. b. PUBLIC LIABILTIY. Amtrak shall purchase and maintain commercial general liability insurance against claims for injury or death to persons or damage to property occurring on or about the Premises with minimum limits of liability of $2,000,000 combined single limit for each occurrence. Such insurance shall include but not be limited to bodily injury, liability, personal injury, liability, property damage liability, broad form property damage liability, contractual liability, and products/completed operations liability as follows at its sole expense. Said insurance shall list the Landlord as additional insured, shall be with insurance companies reasonably acceptable to Landlord, and Amtrak shall provide certificates of insurance to the Landlord evidencing said insurance. c. SELF INSURANCE. Amtrak represents to Landlord and Landlord acknowledges that Amtrak self-insures in the ordinary course of its business (but the right to self-insure shall not apply to if any subtenant, licensee, assignee or Permitted Transferee of Amtrak, each of whom must comply with the requirements of subsections 9.a.and 9.b. above). d. LANDLORD INSURANCE. During the term of this lease, Landlord shall keep and maintain the following types of insurance: 1. PROPERTY INSURANCE. Insurance on the Station or any replacements or substitutions therefore against loss or damage by fire, earthquake, vandalism and other risks now insured against by "extended coverage" provisions of policies generally in force, in amounts sufficient to provide coverage in an amount of not less than one hundred percent of the full replacement cost of the Station and improvements which are part thereof, as such cost may be prudently redetermined from time to time. 2. COMMERCIAL GENERAL LIABILTY INSURANCE. Commercial general liability insurance covering liability imposed upon Landlord with respect to its ownership, occupancy and Permitted Use of the Station, with limits of liability of not less than Two Million Dollars ($2,000,000) for bodily injury (including disease or death), personal injury and property damage. e. INDEMNITY. 1. Landlord agrees to release, and to the extent permitted by law, Landlord agrees to indemnify, defend and save harmless Amtrak, its officers, directors, employees, agents, servants, successors, assigns and subsidiaries, from any and all claims, demands, costs and expenses of every kind whatsoever, arising from Landlord’s failure to comply with any of Landlord’s obligations contained under this Lease, or arising solely out of Landlord’s ownership of the Station or both. 2. Except as provided in Subsection 9.e.1 above, and to the extent permitted by law, each party agrees to release, indemnify, defend and save the other party harmless from any and all claims, demands, costs and expenses of every kind whatsoever including reasonable attorney's fees for the defense thereof, arising from the indemnifying party's wrongful act or negligence in or about the Premises. In case of any action or proceeding brought against either party by reason of any such claim, upon notice from such party, the indemnifying party covenants to defend such action or proceedings by counsel reasonably satisfactory to the other party, unless such action or proceeding alleges the joint or concurring Page 266 of 385 wrongful act(s) or negligence of both parties, in which case both parties shall jointly agree on counsel and share in the defense of such action or proceedings in proportion to their degree of their respective wrongful act(s) negligence as determined by a court of competent jurisdiction, including all applicable appeals. 14.13. DAMAGE OR DESTRUCTION In the event of destruction, or substantial damage, to the Premises during the Term of this Lease which renders the Premises unusable to Amtrak, in Amtrak’s sole discretion, Landlord shall have the option of: a. Within one hundred eighty (180) days after such damage or destruction, replacing or rebuilding the Station, including the Premises, and in such manner and according to such plans and specifications which would restore the Station, including the Premises, to substantially the same condition as immediately before its destruction or substantial damage, in which event Landlord shall provide suitable temporary facilities while such replacement or rebuilding is ongoing; or b. Declining to replace or rebuild, in which event Amtrak shall have the option of terminating this Lease Agreement by written notice. c. Landlord shall notify Amtrak within thirty (30) days after such damages or destruction of Landlord decision to rebuild the Station including the Premises or declining to rebuild. During the 180-day repair or replacement period identified in Subsection (a) above, Amtrak shall have no obligation to: (1) Pay any rent or other costs or expenses associated with the Station, including the Premises, required under this Lease; or (2) Provide any services including janitorial services to the Premises required under this Lease. 15.14. EMINENT DOMAIN Eminent domain proceedings resulting in the condemnation of part of the Premises herein that, in Amtrak’s sole opinion, leave the remaining portion usable by Amtrak for purposes of the business for which the Premises are leased will not terminate this Lease Agreement. If Amtrak, in its sole opinion, determines that the remaining portion is not usable by Amtrak, Amtrak may terminate this Lease by giving written notice of termination to Landlord no more than ninety (90) days after the notice of condemnation or taking. The effect of such condemnation, should Amtrak not terminate this Lease, will be to terminate this Lease Agreement as to the portion of the Premises condemned and leave it in effect as to the remainder of the Premises, and the Rent and all other expenses provided for herein shall be adjusted accordingl y. Compensation awarded as a result of such condemnation shall be that of Landlord, except to the extent that part of the award is allocated as damages to fixtures on the Station which were furnished by Amtrak, damages for the value of Amtrak’s leasehold estate or relocation expenses for Amtrak. 12. ACCEPTANCE Amtrak hereby acknowledges that when it occupies the Premises it shall be deemed to have received the Premises in good order and condition unless Amtrak notifies Landlord of defects or problems with the Premises within one (1) year after Amtrak takes occupancy. If Amtrak notifies Landlord as aforesaid, Landlord shall correct and repair any defects or problems identified by Amtrak within thirty (30) days after the date of the notice. 13. SUBLEASE AND ASSIGNMENT Page 267 of 385 a. Amtrak shall not assign or sublet the whole or any part of the Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned, provided that, notwithstanding anything to the contrary in this Lease, Amtrak may not sublease, assign, or otherwise transfer any interest in this Lease or the Premises to any local or regional bus service provider without Landlord’s prior consent, which shall not be reasonably withheld, if, at the time its consent is requested, local or regional bus service is not being provided from the Station. If Landlord grants consent, each permitted transferee shall abide by all the terms and conditions hereunder. Nothing herein shall be deemed in any way to limit, restrict or otherwise affect Amtrak’s right to contact with third parties with regard to any matters other than the use of the Premises by such third parties. This provision requiring Landlord’s consent shall not apply, and Amtrak shall be permitted to assign or sublet to any entity whose management and operation is indirectly or directly controlling, controlled by or under common control with Amtrak or if such assignment or subletting is due to or arises out of any judicial or legislative action or mandate, and any such transfers shall not be deemed an assignment or subletting. b. Amtrak shall have the right to sublet or license the use of space within the Premises for the uses and purposes set forth in the following sentence without obtaining the prior written consent of Landlord and retain any revenue from such subleases and licenses. Such sublets and licenses may include, but will not be limited to, agreements for newsstands, concessions, coin operated vending machines, telephones, automated teller/ticketing machines, ATM' s, direct telephone line connections for local hotel, restaurants, entertainment, sports and convention centers and car rentals. 14. DEFAULT BY AMTRAK The failure of Amtrak to perform substantially or keep or observe any of the terms, covenants and conditions which it is obligated to perform, keep or observe under this Lease Agreement within thirty (30) days after written notice from Landlord identifying the specific term, covenant, or condition and requesting Amtrak to correct or to commence correction for any such deficiency or default or such longer time period if the correction cannot be completed within said 30 days, provided that Amtrak has commenced such correction, shall constitute an "Event of Default" by Amtrak. 15. RIGHTS OF LANDLORD AFTER DEFAULT BY AMTRAK a. If an Event of Default by Amtrak occurs, as provided in Section 14, Landlord shall have the right (unless otherwise specified in the termination notice), in addition to any rights of the Landlord at law or in equity and after written notice to Amtrak, to terminate this Lease and enter and take possession of the Premises and expel, oust and remove any and all parties who may occupy any portion of the Premises, all in accordance with all applicable laws and procedures. b. In case of any termination, re-entry, and/or dispossession by the Landlord in accordance with lawful proceedings: (1) The Rent which is due and owing up to the time of termination, re -entry or other dispossession shall become due thereupon and be paid up to the earlier of (a) the time of such termination or (b) upon reentry, dispossession or expiration: and (2) Landlord may relet the Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the Term of the Agreement. 16. LANDLORD'S DEFAULT In the event Landlord fails to perform any covenant or obligation required to be performed under this Lease, and such failure continues for more than thirty (30) days after notice from Amtrak identifying such failure, such failure shall constitute an "Event of Default" by Landlord. If an Event of Page 268 of 385 Default by Landlord occurs, Amtrak, at its sole option and discretion, may: (l) perform such covenant or obligation on behalf of Landlord in which event the Landlord shall reimburse Amtrak all costs and expenses associated with Amtrak’s performance (including attorney's fees) within twenty (20) days after Amtrak presents an invoice to Landlord for such performance; (2) terminate this Lease; or (3) pursue any and all rights and remedies available at law or in equity. 17. QUIET ENJOYMENT If and so long as Amtrak shall keep all the covenants and agreements required by it to be kept under this Lease, Landlord covenants and agrees that it and anyone claiming by through or under Landlord shall not interfere with the peaceful and quiet occupation and enjoyment of the Premises by Amtrak. 18. RIGHT OF ENTRY UPON PREMISES Landlord and its agents and employees shall have the right to enter upon the Premises, if accompanied by an Amtrak employee, to inspect the same to determine if Amtrak is performing the covenants of this Lease, on its part to be performed, to post such reasonable notices as Landlord may desire to protect its rights, and to perform service and maintenance pursuant to its obligations under this Lease. 19. TAXES Pursuant to 49 U.S.C. §24301(1), Amtrak is exempt from all state and local taxes, surcharges, or fees and Amtrak shall not be liable for the payment of any such taxes, surcharges or fees in connection with this Lease. 20. COMPLIANCE WTH LAWS. ORDINANCES. AND RULES Amtrak agrees to conform to and not violate any applicable laws, ordinances, rules, regulations, and requirements of federal authorities now existing or hereinafter created affecting Amtrak’s use and occupancy of the Premises. Landlord agrees to conform and comply with all applicable laws, ordinances, rules, regulations and requirements of federal, state, county or other governmental authorities and various departments there of now existing or hereinafter created regarding Landlord’s ownership and maintenance of the Station, including compliance with the Americans with Disabilities Act. Nothing in this Lease shall be interpreted as making Amtrak a responsible party for purposes of accessibility requirements under the Americans with Disabilities Act. Landlord hereby agrees to comply with all applicable laws, ordinances, rules, regulations and requirements of Federal, state, local, or other governmental or quasi-governmental authorities now existing or hereafter created in connection with the ownership, leasing, maintenance, repair and use of the Station and the Property including, without limitation, the ADA, the Rehabilitation Act and the Human Trafficking Prevention Act of 2022. Such compliance shall include, without limitation, present or future requirements from any governmental or quasi- governmental authority including but not limited to the Federal Railroad Administration (“FRA”) pursuant or relating to grants, mortgages or other funding requirements that such authority has with Amtrak. c. Landlord represents and warrants that as of the Commencement Date, the Station, the Property and all improvements thereon (whether previously existing or newly Page 269 of 385 constructed) are and shall thereafter be maintained, repaired and operated in accordance with all applicable statutes, laws, rules, regulations, ordinances, codes, and standards, including without limitation, the following: (i) the ADA; (ii) the Rehabilitation Act; (iii) the Human Trafficking Prevention Act of 2022; and (iv) Amtrak’s safety, security, operations and engineering standards appliable to rail passenger stations. d. If any noncompliance with any applicable statutes, laws, rules, regulations, ordinances, codes or standards is found to exist during the Term, Landlord shall, at its sole cost and expense, make repairs, replacements or alterations necessary to comply with such applicable statutes, laws, rules, regulations, ordinances, codes or standards as budget permits or City Council approves funding. e. If Landlord plans to perform work on the Station platform(s), and such work requires approval by the FRA under 49 CFR 37.42(d), then Landlord shall provide Amtrak with its boarding plan before any platform work has begun. Amtrak shall recommend any modifications which it deems appropriate and shall submit the final plans to the FRA for its review and approval. 21. CONDITION OF PREMISES UPON SURRENDER When Amtrak vacates the Premises at the expiration of the Term or earlier termination of this Lease, whichever occurs first, Amtrak shall leave the Premises in the same condition as when Amtrak received possession, ordinary wear and tear, damage by fire or other casualty, or condemnation excepted and as may be altered, modified or improved in accordance with the terms of this Lease. 22. NON-WAIVER Any waiver of any breach of covenants or conditions herein contained to be kept and performed by either party shall be effective only if in writing and shall not be deemed or considered as a continuing waiver. Any waiver shall not operate to bar or prevent the waiving party from declaring a forfeiture or exercising its rights for any succeeding breach of either the same or other condition or covenant. 23. PARTNERSHIP DISCLAIMER It is mutually understood and agreed that nothing in this Lease is intended or shall be construed in any way as creating or establishing the relationship of partners or joint ventures between the parties hereto, or as constituting Amtrak as an agent or representative of Landlord for any purpose or in any manner whatsoever. 24. PARTIES BOUND Except as otherwise specifically provided in this Lease, this Lease shall bind and inure to the benefit of the parties hereto and their respective administrators, legal representatives, successors and assigns. 25. NOTICES Notices given under the terms of this Lease must be in writing and shall be deemed properly served if such notice is hand delivered or mailed by certified mail, return receipt requested, or sent by an established overnight commercial courier for delivery on the next business day with delivery charges Page 270 of 385 prepaid, addressed to the other party at the following address, or such other address as either party may, from time to time, designate in writing: If to Landlord: If to Amtrak: City Manager National Railroad Passenger Corporation City of Pasco 30th Street Station, 5th Floor South PO Box 293 Philadelphia, PA 19104 Pasco, WA 99301 Attn: Director, Real Estate Development Notice mailed in accordance with the provisions hereof shall be deemed to have been given as to the date of hand delivery or the third business day following the date of such mailing, whichever is earlier. 26. LEGAL CONSTRUCTION In the event any one or more of the provisions contained in this Lease Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Lease Agreement shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein. This Agreement and the rights and obligations of the parties hereto shall be governed and construed in accordance with the laws of the State of Washington. All suits, actions, claims and causes of action relating to this Agreement shall be brought in the United States District Court for the district in which the Station is located. 27. DISPUTE RESOLUTION In the event of a dispute regarding the terms of this lease, the parties shall first meet (either in person or by telephone) in a good faith effort to resolve such dispute. In the event a dispute remains, each party may pursue any and all rights and remedies available to such party at law. 28. TIME OF ESSENCE, BINDING UPON HEIRS, ETC. Time is of the essence of each and all the terms and provisions of this Lease and the terms and provisions of this Lease Agreement shall extend to and be binding upon and inure to the benefit of the administrators, successors and assigns of the respective parties hereto. 29. NUMBER AND GENDER All words used herein in the singular number shall include plural and the present tense shall include the future, and the masculine gender shall include the feminine and neutral. 30. ENTIRE AGREEMENT This Lease contains the sole and only agreement of the parties. Any prior agreements, promises, negotiations or representations not expressly set forth in this Lease are of no force or effect. 31. LANGUAGE CONSTRUCTION Page 271 of 385 The language of each and all paragraphs, terms, and/or provisions of this Lease shall, in all cases and for any and all purposes, and any and all circumstances whatsoever, be construed as a whole, according to its fair meaning, and not for or against any party hereto and with no regard whatsoever to the identify or status of any person or persons who drafted all or any portion of this Lease. 32. HOLDING OVER If Amtrak shall hold over the Premises, after expiration of the Term or any extension thereof, such holding over shall be construed to be only a tenancy from month to month subject to all of the covenants, conditions and obligations contained in this Lease provided, however, that nothing in this paragraph shall be construed to give Amtrak any rights to so hold over and to continue in possession of the Premises without the consent of Landlord. 33. AMENDMENT This Lease, including any exhibits hereto, shall not be amended, except in writing signed by the parties. Any amendment or addendum to this Lease shall expressly refer to this Lease. SALE OF THE STATION/NON DISTURBANCE Landlord and all succeeding landlords agree that they shall not sell, transfer, assign or in any manner dispose of or change ownership or control of the Property without the prior written consent of Amtrak, which consent may be withheld in Amtrak’s sole and absolute discretion. Such consent shall be subject to, inter alia, the new landlord, controlling party or owner agreeing in writing to be bound by all of the provisions of this Lease and Amtrak’s rights shall be reflected in the deed for the Station. A memorandum of this Lease may be recorded by Amtrak in the recorder of deeds office for the ________________. This Lease shall not be subordinate to any other liens, mortgages or encumbrances unless such owner or holder of the lien, mortgage or other encumbrance signs a nondisturbanceno disturbance agreement approved by Amtrak, in its sole and absolute discretion, prior to any disposition of the Station. 36. AUDIT RIGHTS Amtrak, its Office of Inspector General, and the FRA, their respective agents, designees and accountants shall have the right at any time or from time to time for up to five (5) years after the expiration or earlier termination of this Lease, and final payments of all sums due hereunder are made, and with prior notice to Landlord, to make any examination, inspection or audit of Landlord’s books and records which relate in any way to the Station, the Premises, this Lease, or to any payments of any sums of money due or paid pursuant to this Lease, the Premises or the Station. If it is determined that any charges paid by Amtrak have, in error, been underpaid or overpaid, then: (a) the party that has been underpaid shall be reimbursed the amount of such underpayment by the other party; or (b) the party that has been overpaid shall refund the amount of such overpayment to the other party. Nothing in this Lease shall be construed to limit the rights, obligations, authority, or responsibilities of Amtrak’s Office of the Inspector General pursuant to the Inspector General Act of 1978, as amended, including the right to seek information by subpoena. Page 272 of 385 37. STATUTORY AND DEED RIGHTS a. Amtrak has been afforded certain statutory rights. Prior to entering into any agreement with a third party to convey all or a portion of the Property, Landlord shall notify Amtrak. Upon receipt of such notice, Amtrak may submit to Landlord for inclusion into any sales agreement and deed of conveyance for all or a portion of the Property, language that preserves Amtrak’s rights to use the Station. Landlord shall not convey the Property unless (i) Amtrak waives the requirements of this Section or (ii) Landlord includes in any sales agreement and deed or other instrument to convey all or a portion of the Property language that Amtrak approves preserving Amtrak’s rights to use the Station. b. Nothing herein shall waive any rights benefiting Amtrak whether statutorily granted, in the land records for the Property or granted pursuant to other means. Any provision in this Lease that Amtrak has voluntarily agreed to that is inconsistent with any statutory or other rights of Amtrak to which is not intended to be a waiver of such rights by Amtrak, and such rights may be exercised by Amtrak at any time. c. The termination of this Lease is not intended to be a termination of nor will it constitute a termination of any rights granted to Amtrak pursuant to the land records for the Property or any statute or by any other means. The rights and obligations of the parties in this Section 37 shall survive the expiration or termination of this Lease. 38. HUMAN TRAFFICKING PREVENTION Landlord shall use its best efforts to prevent, recognize and report potential human trafficking violations that occur in the Station, in compliance with all applicable federal, state and local laws, including but not limited to the Human Trafficking Prevention Act of 2022 which requires Landlord to post contact information for the national human trafficking hotline in the public restrooms of the Station. 39. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original agreement and both of which shall constitute one and the same agreement. The counterparts of this Agreement may be executed and delivered by PDF, facsimile or other electronic signature by email transmission by the parties. Receiving parties may rely on the receipt of such document so executed and delivered electronically or by facsimile as if the original has been received. No party shall contest the admissibility or enforceability of the electronically signed copy of the Agreement in any proceeding arising out of the terms and conditions of this Agreement. GOVERNING LAW This Lease shall be governed by and construed under the laws of the District of Columbia and any legal proceedings hereunder shall be adjudicated in the United States District Court for the District of Columbia. Page 273 of 385 [signatures on following page] IN WITNESS WHEREOF, the undersigned have caused this Agreement to be signed by their authorized representatives, pursuant to due and legal action authorizing the same to be done, as of the Effective Date. LANDLORD AMTRAK Page 274 of 385 CITY OF PASCO, a municipal NATIONAL RAILROAD PASSENGER corporation CORPORATION By: _________________________ By: _____________________________ Adam Lincoln Louis Wolfowitz City Manager Assistant Vice President Real Estate Development Attest By_________________________ Eric Ferguson, City Attorney STATE OF WASHINGTON ) : SS County of Franklin ) On this day personally appeared before me ADAM LINCOLN, City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this __ day of _________. 2024 Print Name _____________________________ Notary Public in and for the State of Washington Residing at ______________________________ My Commission Expires ___________________ STATE OF _____________________ ) : SS County of _______________ ) On this day personally appeared before me, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. Page 275 of 385 GIVEN under my hand and official seal this __ day of _________. 2024 Print Name _____________________________ Notary Public in and for the State of Washington Residing at ______________________________ My Commission Expires ___________________ Page 276 of 385 Page 277 of 385 Page 278 of 385 Page 279 of 385 Exhibit C Page 280 of 385 Page 281 of 385 11/25/2024 Pasco City Council Workshop Pa g e 2 8 2 o f 3 8 5 National Railroad Passenger Corporation, "Amtrak“, Intermodal Lease Agreement Date Pasco City Council Pa g e 2 8 3 o f 3 8 5 •National Railroad Passenger Corporation, "Amtrak" has maintained a lease with the City at the Pasco Intermodal Station since 1999. •Most recent lease was initiated in 2014, with a 5-year initial term, and 5-year extension option, both which are completed. •Amtrak wishes to renew a lease to continue use of the Pasco Intermodal Station •City’s Real Estate representative performed comparison and determined 3% annual rental rate increase aligns with current market standards. “Amtrak” Lease Renewal Pa g e 2 8 4 o f 3 8 5 Amtrak shall pay City of Pasco rent for the use of the premises. The rent payment amounts shall be as follows over the life of the agreement. •1st Year of Lease (March 2024 – February 2025) $34,661.64/annual •2nd Year of Lease (March 2025 – February 2026)$35,701.49/annual •3rd Year of Lease (March 2026 – February 2027)$36,772.53/annual •4th Year of Lease (March 2027 – February 2028)$37,875.71/annual •5th Year of Lease (March 2028 – February 2029)$39,011.98/annual •6th Year of Lease (March 2029 – February 2030)$42,593.28/annual •7th Year of Lease (March 2030 – February 2031)$43,871.07/annual •8th Year of Lease (March 2031 – February 2032)$45,187.20/annual •9th Year of Lease (March 2032 – February 2033)$46,542.82/annual •10th Year of Lease (March 2033 – February 2034)$47,939.10/annual For a 10 -year total of $410,156.82. “Amtrak” Lease Renewal Pa g e 2 8 5 o f 3 8 5 Council Policy Decision: •Asking Council to approve Resolution authorizing the new lease agreement as presented. •Questions??? “Amtrak” Lease Renewal Pa g e 2 8 6 o f 3 8 5 Pa g e 2 8 7 o f 3 8 5 AGENDA REPORT FOR: City Council November 14, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 11/25/24 FROM: Angela Pashon, Assistant City Manager City Manager SUBJECT: Lodging Tax Advisory Committee (LTAC) Recommendations for 2025 (7 minutes) I. REFERENCE(S): 10.15.2024 LTAC Meeting Minutes 2025 Lodging Tax Summary Sheet Presentation Slides Applications II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Lodging Tax - $1,005,000 IV. HISTORY AND FACTS BRIEF: State law authorizes the collection of the 2% local tax on lodging facilities (hotels and motels). The funds originally could be used for stadiums and for tourism promotion activities. In 1993, like several cities prior to that time, Pasco was granted by State law authority to assess an additional 2% lodging tax fund specifically the City's share of TRAC, currently known as HAPO Center. The legislature subsequently increased the base lodging tax to 4% and eliminated the individual taxing authorizations. The amendment also required the establishment of a Lodging Tax Advisory Committee (LTAC) to review and recommend proposed uses of the lodging tax annually. V. DISCUSSION: The Pasco LTAC convened on October 15, 2024, to review eighteen (18) Page 288 of 385 proposals received for use of the 2025 Lodging Tax receipts. Requests received totaled $1,102,377 while projected revenue is $1,000,000. Staff developed recommendations for LTAC through the following measures: 1. Prioritize long-term, contractual commitments 2. Even allocations for special event applications 3. Even marketing allocation applications Based on the Committee's review of allowable uses and individual requests, the LTAC recommends fund allocations as outlined below. Any overage will be funded using Lodging Tax reserves. Support/Ops Tourism Facility LTAC Recommendation TRAC/HAPO Center $ 200,000 GESA Debt Service $ 290,000 Soccer Complex $ 172,121 Total $ 662,121 Event/Festival Organizer LTAC Recommendation Cinco de Mayo $ 9,000 Fiery Foods Festival $ 9,000 Water Follies $ 9,000 COPA $ 15,000 CBC Volleyball Champ $ 5,000 Juneteenth $ 2,000 Swim the Snake $ 1,000 Charro Event $ 5,000 NWAC Basketball Champ $ 9,000 Total $ 64,000 Tourism Marketing LTAC Recommendation Fund Administration $ 14,503 Pasco Marketing $ 10,000 Tri-Cities VCB*** $ 203,376 Time Magic $ 10,000 Pasco Chamber $ 36,000 Franklin County Historical Society $ 5,000 Total $ 278,879 2025 Recommendations Total $ 1,005,000 Page 289 of 385 With respect to the recommendations of the LTAC, per RCW 67.28.1816 2(b)(ii), the City Council must either accept the recommendation of the local lodging tax advisory committee or the alternative, the Council can determine that the recommendation is not acceptable and remand the matter back the LTAC Committee. The LTAC Committee's recommendations are consistent with Council's goals and State statute accordingly, staff recommends Council approval of the LTAC allocations at the December 2, 2024, regular Council meeting. Page 290 of 385 DR A F T MINUTES Lodging Tax Advisory Committee 1:00 PM - Tuesday, October 15, 2024 Microsoft Teams Webinar MICROSOFT TEAMS MEETING INSTRUCTIONS Join the meeting now Dial in by Phone: 1-332-249-0718 Conference ID: 325 715 674# CALL TO ORDER Committee Members Attending: Mayor Pete Serrano, Colin Hastings, Hector Cruz Absent: Taran Patel, Monica Hammerberg Staff Attending: Angela Pashon and Laurel McQuade The meeting was called to order at 1:07 pm. INTRODUCTION OF COMMITTEE MEMBERS CONSENT AGENDA Approval of September 5, 2023 Meeting Minutes MOTION: Colin Hasting motioned to approve the September 5, 2023, LTAC Meeting Minutes. Hector Cruz seconded. Motion carried unanimously REVIEW Staff reviewed 2023-2024 Lodging Tax & GESA Fund Summary 2025 LODGING TAX REQUESTS A total of 18 requests were received with a total of $1,102.377. The Page 1 of 4Page 291 of 385 DR A F T current budget is $1,000,000. Support/Ops Tourism Facility i.TRAC/HAPO - requested $200,000 ii.Gesa Stadium - requested $290,000 iii.Soccer Complex - requested $200,000 Event/Festival Organizer i.Cinco de Mayo - requested $15,000 ii.Fiery Foods Festival - requested $10,000 iii.Water Follies - requested $10,000 iv.COPA Symphony Fiesta - requested $25,000 v.CBC Volleyball Championship - requested $10,000 vi.Juneteenth - requested $4,000 vii.Swim the Snake - requested $1,000 viii. Charro Event - requested $30,000 ix.NWAC Basketball Championship - requested $10,000 Tourism Marketing i.Lodging Tax Fund Administrative Expense - requested $14,503 ii.Pasco Marketing - requested $15,000 iii.Tri-Cities Visitor & Convention Bureau - requested $203,376 iv.Time Magic - requested $20,000 v.Pasco Chamber of Commerce - requested $36,000 vi.Franklin County Historical Society - requested $8,498 2025 RECOMMENDATIONS FOR CONSIDERATION Assistant City Manager Pashon reviewed the following staff recommendations. Support/Ops Tourism Facility GESA Debt Service $290,000 TRAC/HAPO Center $200,000 Soccer Complex $172,121 Event/Special Event Cinco de Mayo $9,000 Fiery Foods Festival $9,000 Water Follies $9,000 COPA Symphony $15,000 CBC Volleyball Champ. $5,000 Juneteenth $2,000 Swim the Snake $1,000 Page 2 of 4Page 292 of 385 DR A F T Charro Event $5,000 NWAC Basketball $9,000 Tourism Marketing Fund Administration $14,503 CoP Marketing $10,000 Tri-Cities VCB $203,376 Time Magic $10,000 Pasco Chamber $36,000 Franklin Co. H.S. $5,000 •Mayor Serrano requested further information regarding the COPA Symphony event. •Stephen McFadden clarified that this is not the first time the event has been held. He highlighted COPA’s significant efforts, noting that the arts and culture aspects of the Symphony align well with LTAC’s goals. •Hector Cruz inquired about the 400 room nights mentioned in the application. McFadden responded that he couldn’t justify the figure, explaining that there currently isn't a mechanism to accurately track room nights. Establishing a tracking process would be necessary. •Jose Iniguez mentioned that room nights related to the Symphony event will be supplemented by association members attending the Charro event. He provided an overview of the additional information on the Charro event available in the meeting packet. •Colin Hasting asked if the Charro event could continue with a reduced allocation from LTAC. •Jose Iniguez confirmed that it could, though this would increase the pressure to raise additional funds through other means. •Angela Pashon inquired if the COPA Symphony application would be COPA’s only funding request from the City. •Stephen McFadden responded that COPA initially planned to request $15,000 for its other non-arts and culture committees. He formally requested at least $15,000 from LTAC to ensure the event's success. •Hector Cruz mentioned that the CBC Volleyball Championship, which takes place during the shoulder season, could significantly benefit Pasco hotels. He noted its proven success in other locations. •Colin Hasting proposed an additional allocation of $3,000 for COPA and $5,000 for the Charro event, to be drawn from reserves or the fund, contingent on revenue projections being exceeded. •The committee agreed to reconvene in mid-2025 if revenues are exceeding projections to review reduced requests. MOTION: Colin Hastings made a motion to accept staff’s recommendation amending that COPA receive $15,000 and Charro receive $5,000 out of reserves or use the fund balance if projections are exceeded. Seconded by Hector Cruz. Page 3 of 4Page 293 of 385 DR A F T •Discussion: Cruz said that they always want to make sure we’re bringing in room nights through supporting these events. •Mayor Serrano requested solid tracking for event room nights. •Mayor Serrano called for a vote. Motion Passed unanimously. ADJOURNMENT There being no further business, the meeting was adjourned at 1:54pm. PASSED AND APPROVED THIS ___ DAY OF _______, 20__ APPROVED: Page 4 of 4Page 294 of 385 Support/Ops Tourism Facility Requested Staff Recommended LTAC Recommendation TRAC/HAPO Center* 200,000$ 200,000$ 200,000$ GESA Debt Service 290,000$ 290,000$ 290,000$ Soccer Complex 200,000$ 175,121$ 172,121$ Total 690,000$ 665,121$ 662,121$ Event/Festival Organizer Requested Staff Recommended LTAC Recommendation Cinco de Mayo 15,000$ 9,000$ 9,000$ Fiery Foods Festival 10,000$ 9,000$ 9,000$ Water Follies 10,000$ 9,000$ 9,000$ COPA 25,000$ 12,000$ 15,000$ CBC Volleyball Champ 10,000$ 5,000$ 5,000$ Juneteenth 4,000$ 2,000$ 2,000$ Swim the Snake 1,000$ 1,000$ 1,000$ Charro Event 30,000$ -$ 5,000$ NWAC Basketball Champ 10,000$ 9,000$ 9,000$ Total 115,000$ 56,000$ 64,000$ Tourism Marketing Requested Staff Recommended LTAC Recommendation Fund Administration 14,503$ 14,503$ 14,503$ Pasco Marketing 15,000$ 10,000$ 10,000$ Tri-Cities VCB*** 203,376$ 203,376$ 203,376$ Time Magic 20,000$ 10,000$ 10,000$ Pasco Chamber 36,000$ 36,000$ 36,000$ Franklin County Historical Society 8,498$ 5,000$ 5,000$ Total 297,377$ 278,879$ 278,879$ 2025 Projected Revenue 1,000,000$ 2025 LTAC Recommendation 1,005,000$ 2025 Lodging Tax Summary Page 295 of 385 11/25/24 City Council Regular Meeting Pa g e 2 9 6 o f 3 8 5 2025 Requests 18 Requests Total: $1,102,377 Budget: $1,000,000 2 Pa g e 2 9 7 o f 3 8 5 •Support/Operations Tourism Facility •HAPO Center $200,000 •Gesa Stadium $290,000 •Soccer Complex $172,211 •Tourism Marketing •Fund Administration $14,503 •CoP Marketing $10,000 •Tri-Cities VCB $203,376 •Time Magic $10,000 •Pasco Chamber $36,000 •Franklin Co. H.S.$5,000 •Event/Special Event •Cinco de Mayo $9,000 •Fiery Foods Festival $9,000 •Water Follies $9,000 •COPA Symphony $15,000 •CBC Volleyball $5,000 •Juneteenth $2,000 •Swim the Snake $1,000 •Charro Event $5,000 •NWAC Basketball $9,000 2025 Lodging Tax Advisory Committee Recommendations 3 Pa g e 2 9 8 o f 3 8 5 Pa g e 2 9 9 o f 3 8 5 IJ) Phone:Email Address:509—543-5790 kubalekb@pasco-wa.gov Contact Name and Title:Brent Kubalek Federal Tax ID Number:91-6001264 Application for 2025 Pasco Lodging Tax Funds Amount of Lodging Tax Requested:$300’ 000 Organization/Agency Name:.Type:Non-Pro?tCityofPascoFor—Pro?t I Public A enc State:WA Zip:99301 Title of Pro osed Use/Activit:.,p y Soccer Complex —Tenant &VISItor Enhancement SCOPE0f Work This project will enhance the visitor experience by repairing and upgrading components (Will be within the Pasco Sporting Complex Soccer facility.Depending on funding the upgrades included in could include purchasing a tiny robot ?eld painting machine,new goals and nets,add Contract):wifi,PA sound system,replace playground,add welcome sign,and add shelter Funding Outline: Non-Pasco Lod in Tax Sources:Amount:Uses of Pasco Lod in Tax:Amount: Mailing Address:525 N.3rd Ace City:Pasco ~---—-_ -— —_>-_-..‘_ 200,000 200,000 Requested Pasco Lodging Tax Funds:300,000 TOTAL BUDGET:$300,000 TOTAL 333003 00 If your agency is a non-profit a copy of your agency’s current non-profit corporate registration with the Washington Secretary of State. 0 Brochures or other information about your event/activity/facility,in particular items showing recent tourism promotion efforts.(Optional) Tourism Marketing Event/FestivalMarketing/Operation Tourism Facility Operation 300,000 l;P|ease attached the following (if applicable)to your application: ‘ Page 300 of 385 HTheStateofWashintonrequiresanestimateforthefollowin uestions below: Direct Count:Actual count of visitors using methods such as paid admissions or registrations,clicker counts at entry points,vehicle counts or number of chairs filled.A direct count may also include information collected directly from businesses,such as hotels,restaurants or tour guides,likely to be affected by an event. Indirect Count:Estimate based on information related to the number of visitors such as raffle tickets sold,redeemed discount certificates,brochures handed out,police requirements for crowd control or visual estimates. Re resentative Surve :Information collected directly from individual visitors/participants.A representative survey is a highly structured data collection tool,based on a defined random sample of participants,and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. informal Surve :Information collected directly from individual visitors or participants in a non-random manner that is not representative of all visitors or participants.Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate:Estimate produced by computing known information related to the event or location.For example,one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). What method was used to As a direct result of your proposed tourism-related sewice,prowde an determine attendance in previous estimate of:years? 3.Overall Attendance 34 200 ii Direct Count Enter the total number of people predicted to P d‘t d- t _Indirect Count attend this activity and select the method used to re 'c e 'Placer-3'?g:::l";atr'v:ysuwey.U Vdeterminetheattendance.count Structured Estimate b.Attendance,50+Miles 17 125 Direct Count Number of people predicted to travel more than Predicted' '_Indirect Count 50 miles to attend this activity and select the 'placer-3'Representative Survey method used to determine the attendance.COUHt '“forma'Survey I Structured Estimate c.Attendance,putofState,Out of Country 11950 Direct Count Of the total listed in b above,number of people -mt“ct Co m -Predicted:accord'ng I e u predicted to travel from another state and country to Placer.ai Representative Survey and select the method used to determine the report Informal Survey attendance.Structured Estimate d.Attendance Paid for Overnight Lodging Direct Count '12,000 Indirect CountEnterthenumberofpredictedtoattendthisactivity '' Predicted:R tat'e SandpayforovernightlodgingandselectthemethodIn:::::lr15url\:leymay used to determine the attendance..Structured Estimate Attendance Did Not Pa for Overni ht Lod in Direac‘mnt h ' b f vd'd g d h'gg _,221200 indirect Count Entertenu.mero pre icteto attent is actiVity Predicted:Representative Survey Without paying for overnight lodging and select the Informa|survey method used to determine the attendance.-Structured Estimate f.Paid Lod in Ni hts .Di'ethwnt Enter thegn?mbgrofpredicted paid lodging nights and PradICtEd:Indirea Count 41000 Representative Surveyselectthemethodusedtodeterminetheattendance. Lodging night =one or more persons in one room Informal Survey I Structured Estimate I am an authorized agent of the organization/agency applying for funding.I understand that: 0 Funds must be expended within the calendar year. 0 Reporting requirements meeting state guidelines outlined in this application must be submitted with ?nal request for reimbursement. o All funded requests will be monitored for progress and consistency with scope and time line as outlined. o All requests for reimbursement for approved costs shall be in writing and shall have supporting documentation to verify the expenditure of the funds included In request. Signature:Name (Printed):Brent Kubaiek Date 8/22/24 Page 301 of 385 PROPOSED TIMELINEFOR 2024 (2025 BUDGET) Application Timeline August 1 Applications Available August 30 Applications Due by 5:00 pm. September TBD LTAC meeting to review and recommend allocations October TBD LTAC recommendations presented to City Council Application Deadline:Friday,August 30th by 5:00 pm. To be eligible for consideration,your complete proposal must be received via email onl by the deadline.The Committee will review proposals in a public meeting on a date to be determined.Meeting information will be posted on the City's website. Only electronic submissions are accepted: City of Pasco Lodging Tax Advisory Committee c/o Laurel McQuade,Marketing Strategist Email:mc uadeL@ asco-wa.ov Phone:(509)975-9683 Page 302 of 385 City of Pasco Lodging Tax Fund Overview Pasco’s Lodging Tax Fund is the primary source of City funding for activities,operations,and expenditures- designed to increase tourism.The City has multi-year commitments for the HAPO Center,Gesa Stadium and tourism promotion services;therefore,those applications have priority status for the use of funds. The Pasco City Council has created a Lodging Tax Advisory Committee to conduct an annual process to solicit and recommend Lodging Tax funded services for City Council consideration. Pasco Lodging Tax Advisory Committee Considerations In developing its recommendations,the Committee considers: 0 The estimated amount of Lodging Tax Fund available for the coming year as provided by the City’s Finance Office. a Thoroughness and completeness of the proposal. 0 Percent of the proposal request to the event/facility promotions budget and overall revenues. -Percent of increase over prior year Pasco Lodging Tax funded proposals,if any. 0 Projected economic impact within the City of Pasco,in particular projected overnight stays in Pasco lodging establishments. 0 The applicant’s financial stability. 0 The applicant’s history of tourism promotion success. State Law Excerpts RCW67.28.1816 —Use of Lodging Tax Fund. Lodging tax revenue under this chapter may be used,directly by any municipality or indirectly through a convention and visitors bureau or destination marketing organization for: Tourism marketing; The marketing and operations of special events and festivals designed to attract tourists; c.Supporting the operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district created under chapters 35.57 and 36.100 RCW;or cl.Supporting the operations of tourism-related facilities owned or operated by nonprofit organizations described under 26 U.S.C.Sec.501(c)(3)and 26 U.S.C.Sec.501(c)(6)or the internal revenue code of 1986,as amended. RCW 67.28.080 —De?nitions. 0 "Municipality"means any county,city or town of the state of Washington. 9 "Operation"includes,but is not limited to,operation,management,and marketing. 0 "Person"means the federal government or any agency thereof,the state or any agency,subdivision,taxing district or municipal corporation thereof other than county,city or town,any private corporation,partnership, association,or individual. 0 "Tourism"means economic activity resulting from tourists,which may include sales of overnight lodging, meals,tours,gifts,or souvenirs. 0 "Tourism promotion"means activities and expenditures designed to increase tourism,including but not limited to advertising,publicizing,or otherwise distributing information for the purpose of attracting and welcoming tourists;developing strategies to expand tourism;operating tourism promotion agencies;and funding marketing of special events and festivals designed to attract tourists. -"Tourism—relatedfacility"means real or tangible personal property with a usable life of three or more years,or constructed with volunteer labor,and used to support tourism,performing arts,or to accommodate tourist activities. 0 ”Tourist"means a person who travels from a place of residence to a different town,city,county,state,or country,for purposes of business,pleasure,recreation,education,arts,heritage,or culture. General Information Page 303 of 385 Hum 4CIDD CY Phone:Email Address:509-543-5790 kubalekb@pasco-wa.gov Federal Tax ID Number:91 -6001 264 Organization/Agency Name:City of Pasco Cinco De Mayo Application for 2025 Pasco Lodging Tax Funds 15,000AmountofLodgingTaxRequested:$ Type:Non-Profit For—Profit -PublicA en State:WA Zip:99301MailingAddress:525 N.3rd Ace City'Pasco Requested Pasco Lodging Tax Funds:15'000 TOTAL BUDGET:$65,000 TOTAL $ $15,000 Please attached the following (if applicable)to your application: If your agency is a non-profit a copy of your agency's current non-profit corporate registration with the Washington Secretary of State. Brochures or other information about your event/activity/facility,in particular items showing recent tourism promotion efforts.(Optional) Title of Proposed Use/Activity:,_Cinco de Mayo Festival Scope 0f Work The Cinco de Mayo Festival is a Hispanic Cultural event held on the first Saturday of (Will be May each year.The event includes,food,booths,music,dancing,vendors and more. included in Estimated Attendance at the event in 2024 was approximately 13,700. Contract): Funding Outline: Non-Pasco Lod in Tax Sources:Amount:Uses of Pasco Lod in Tax:Amount: General Fund 35,000 Tourism Marketing Sponsorships 15,000 Event/FestivalMarketing/Operation 15,000 Tourism Facility Operation Contact Name and Title:Brent Kubalek Page 304 of 385 Sq Date 8/22/24 The State of Washin .on re uires an estimate for the followin .uestions below: Direct Count:Actual count of visitors using methods such as paid admissions or registrations,clicker counts at entry points,vehicle counts or number of chairs filled.A direct count may also include information collected directly from businesses,such as hotels,restaurants or tour guides,likely to be affected by an event. Indirect Count:Estimate based on information related to the number of visitors such as raffle tickets sold,redeemed discount certificates,brochures handed out,police requirements for crowd control or visual estimates. Re resentative Surve :Information collected directly from individual visitors/participants.A representative survey is a highly structured data collection tool,based on a defined random sample of participants,and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Surve :Information collected directly from individual visitors or participants in a non-random manner that is not representative of all visitors or participants.Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate:Estimate produced by computing known information related to the event or location.For example,one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). A (1'ct I f d t .l d .'d What method was used to s a we resu t 0 your propose ourism-re ate serVIce,prom e an determine attendance in previous estimate of:years? a.Overall Attendance Direct Count Enter the total number of people predicted to P d't d- 13’700 Indira“CW!“ attend this activity and select the method used to re 'c e ‘Representat've survey .Informal Survey determine the attendance.III Structured Estimate b.Attendance,50+Miles 1600 Direct Count Number of people predicted to travel more than Predided_Indirect Count 50 miles to attend this activity and select the ‘Representative survey method used to determine the attendance.'"fmma'5””? Structured Estimate c.Attendance,Out of State,Out of Country 900 Direct Count Of the total listed in "b"above,number of people ..accordin predicted to travel from another state and country Pred'CtEd'g to Placer.ai and select the method used to determine the report attendance. d.Attendance,Paid for Overnight Lodging 200Enterthenumberofpredictedtoattendthisactivity and pay for overnight lodging and select the method used to determine the attendance. e.Attendance,Did Not Pay for Overnight Lodging 13500 Enter the number of predicted to attend this activity Predicted: without paying for overnight lodging and select the method used to determine the attendance. f.Paid Lodging Nights Predicted: Enter the number of predicted paid lodging nights and select the method used to determine the attendance.100 Lodging night =one or more persons in one room Indirect Count Representative Survey Informal Survey Structured Estimate Direct Count Indirect Count Representative Survey Informal Survey Structured Estimate Direct Count Indirect Count Representative Survey Informal Survey Structured Estimate Direct Count Indirect Count Representative Survey Informal Survey Structured Estimate I am an authorized agent of the organization/agency applying for funding.I understand that: 0 Funds must be expended within the calendar year. I o Allfunded requests will be monitored for progress and consistency with scope and time line as outlined. o All requests for reimbursement for approved costs shall be in writing and shall have supporting documentation to verify the expenditure of the funds included in request. Signature:Name (Printed):Brent Kubalek Reporting requirements meeting state guidelines outlined in this application must be submitted with final request for reimbursement. Predicted: Page 305 of 385 Email:me uadeL@ asco-wa.ov PROPOSED TIMELINEFOR 2024 (2025 BUDGET) Application Timeline August 1 Applications Available August 30 Applications Due by 5:00 pm. September TBD LTAC meeting to review and recommend allocations October TBD LTAC recommendations presented to City Council To be eligible for consideration,your complete proposal must be received via email onl by the deadline.The Committee will review proposals in a public meeting on a date to be determined.Meeting information will be posted on the City's website. Only electronic submissions are accepted: City of Pasco Lodging Tax Advisory Committee c/o Laurel McQuade,Marketing Strategist Phone:(509)975-9683 Application Deadline:Friday,August 30th by 5:00 pm. Page 306 of 385 City of Pasco Lodging Tax Fund Overview Pasco's Lodging Tax Fund is the primary source of City funding for activities,operations,and expenditures designed to increase tourism.The City has multi-year commitments for the HAPO Center,Gesa Stadium and tourism promotion services;therefore,those applications have priority status for the use of funds. The Pasco City Council has created a Lodging Tax Advisory Committee to conduct an annual process to solicit and recommend Lodging Tax funded services for City Council consideration. Pasco Lodging Tax Advisory Committee Considerations In developing its recommendations,the Committee considers: -The estimated amount of Lodging Tax Fund available for the coming year as provided by the City's Finance Office. 0 Thoroughness and completeness of the proposal. 0 Percent of the proposal request to the event/facility promotions budget and overall revenues. 0 Percent of increase over prior year Pasco Lodging Tax funded proposals,if any. 0 Projected economic impact within the City of Pasco,in particular projected overnight stays in Pasco lodging establishments. 0 The applicant’s financial stability. 0 The applicant’s history of tourism promotion success. State Law Excerpts RCW 67.28.1816 —Use of Lodging Tax Fund. Lodging tax revenue under this chapter may be used,directly by any municipality or indirectly through a convention and visitors bureau or destination marketing organization for: Tourism marketing; b.The marketing and operations of special events and festivals designed to attract tourists; c.Supporting the operations and capital expenditures of tourism—relatedfacilities owned or operated by a municipality or a public facilities district created under chapters 35.57 and 36.100 RCW;or d.Supporting the operations of tourism—related facilities owned or operated by nonprofit organizations described under 26 U.S.C.Sec.501(c)(3)and 26 U.S.C.Sec.501(c)(6)or the internal revenue code of 1986,as amended. RCW 67.28.080 —De?nitions. 0 "Municipality"means any county,city or town of the state of Washington. 0 "Operation"includes,but is not limited to,operation,management,and marketing. 0 "Person"means the federal government or any agency thereof,the state or any agency,subdivision,taxing district or municipal corporation thereof other than county,city or town,any private corporation,partnership, association,or individual. 0 "Tourism"means economic activity resulting from tourists,which may include sales of overnight lodging, meals,tours,gifts,or souvenirs. 0 "Tourism promotion"means activities and expenditures designed to increase tourism,including but not limited to advertising,publicizing,or othenivise distributing information for the purpose of attracting and welcoming tourists;developing strategies to expand tourism;operating tourism promotion agencies;and funding marketing of special events and festivals designed to attract tourists. o "Tourism-related facility"means real or tangible personal property with a usable life of three or more years,or constructed with volunteer labor,and used to support tourism,performing arts,or to accommodate tourist activities. 0 "Tourist"means a person who travels from a place of residence to a different town,city,county,state,or country,for purposes of business,pleasure,recreation,education,arts,heritage,or culture. General Information Page 307 of 385 E{15m 4 Federal Tax ID Number:91 -6001 264 Organization/Agency Name:City of Pasco Application for 2025 Pasco Lodging Tax Funds 10,000AmountofLodgingTaxRequested:5 Type:Non—Profit For—Profit PublicA enc Email Address:509-543—5790 kubalekb@pasco-wa.gov State:WA Zip:99301MailingAddress:525 N.3rd Ace City:Pasco TOTAL 5 $10,000 Requested Pasco Lodging Tax Funds:10,000 TOTAL BUDGET:5 45000 Please attached the following (if applicable)to your application: 0 If your agency is a non—profita copy of your agency's current non-profit corporate registration with the Washington Secretary of State. 0 Brochures or other information about your event/activity/facility,in particular items showing recent tourism promotion efforts.(Optional) Title of Proposed Use/Activity:Fiery Foods Festival Scope 0f Work The Fiery Foods Fest is a celebration of hot and flavorful foods from many cultures and (Will be is held on a Saturday in September each year.The event includes,food tasting,food included in contests,booths,music,dancing,vendors and more.Attendance at the event is Contract):approximately 5,500. Funding Outline: Non-Pasco Lod in Tax Sources:USES0f PBSCOLOd in Tax:Amount: General Fund 25,000 Tourism Marketing Sponsorships 10,000 Event/FestivalMarketing/Operation 10,000 Tourism Facility Operation Amount: Contact Name and ““6:Brent Kubalek Phone: Page 308 of 385 CL’7/?! Date:8/22/24 The State of Washin ton requires an estimate for the followin questions below: Direct Count:Actual count of visitors using methods such as paid admissions or registrations,clicker counts at entry points,vehicle counts or number of chairs filled.A direct count may also include information collected directly from businesses,such as hotels,restaurants or tour guides,likely to be affected by an event. Indirect Count:Estimate based on information related to the number of visitors such as raffle tickets sold,redeemed discount certificates,brochures handed out,police requirements for crowd control or visual estimates. Re resentative Surve :Information collected directly from individual visitors/participants.A representative survey is a highly structured data collection tool,based on a defined random sample of participants,and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Surve :Information collected directly from individual visitors for participants in a non-random manner that is not representative of all visitors or participants.Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate:Estimate produced by computing known information related to the event or location.For example,one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). As a direct result of your proposed tourism-related service,provide an estimate of: a.Overall Attendance Enter the total number of people predicted to attend this activity and select the method used to determine the attendance. b.Attendance,50+Miles Number of people predicted to travel more than 50 miles to attend this activity and select the method used to determine the attendance. 5,500 Predicted: 650 Predicted: c.Attendance,Out of State,Out of Country Of the total listed in "b"above,number of people predicted to travel from another state and country and select the method used to determine the attendance. d.Attendance,Paid for Overnight Lodging Enter the number of predicted to attend this activity and pay for overnight lodging and select the method used to determine the attendance. 440 Predicted:according to Placerai report 100 Predicted: e.Attendance,Did Not Pay for Overnight Lodging Enter the number of predicted to attend this activity without paying for overnight lodging and select the method used to determine the attendance. f.Paid Lodging Nights Predicted: Enter the number of predicted paid lodging nights and 50selectthemethodusedtodeterminetheattendance. Lodging night =one or more persons in one room 5400 Predicted: What method was used to determine attendance in previous vea rs? Direct Count Indirect Count Representative Survey Informal Survey Ill Structured Estimate Direct Count Indirect Count Representative Survey Informal Survey I Structured Estimate 'Direct Count Indirect Count Representative Survey Informal Survey Structured Estimate Direct Count Indirect Count Representative Survey Informal Survey I Structured Estimate Direct Count Indirect Count Representative Survev Informal Survey Structured Estimate Direct Count Indirect Count Representative Survey Informal Survey Structured Estimate I am an authorized agent of the organization/agency applying for funding.I understand that: 0 Funds must be expended within the calendar year. 0 o Allfunded requests will be monitored for progress and consistency with scope and time line as outlined. o All requests for reimbursement for approved costs shall be in writing and shall have Supporting documentation to verify the expenditure of the funds included in request. Signature:Name (Printed):Brent Kubalek Reporting requirements meeting state guidelines outlined in this application must be submitted with final request for reimbursement. Page 309 of 385 u PROPOSED TIMELINEFOR 2024 (2025 BUDGET ) Application Timeline August 1 Applications Available August 30 Applications Due by 5:00 pm. September TBD LTAC meeting to review and recommend allocations October TBD LTAC recommendations presented to City Council Emailzmc uadeL@ asco-wa.ov To be eligible for consideration,your complete proposal must be received via email onl by the deadline.The Committee will review proposals in a public meeting on a date to be determined.Meeting information will be posted on the City's website. Only electronic submissions are accepted: City of Pasco Lodging Tax Advisory Committee c/o Laurel McQuade,Marketing Strategist Phone:(509)975-9683 Application Deadline:Friday,August 30th by 5:00 pm. Page 310 of 385 City of Pasco Lodging Tax Fund Overview Pasco’s Lodging Tax Fund is the primary source of City funding for activities,operations,and expenditures designed to increase tourism.The City has multi—year commitments for the HAPO Center,Gesa Stadium and tourism promotion services;therefore,those applications have priority status for the use of funds. The Pasco City Council has created a Lodging Tax Advisory Committee to conduct an annual process to solicit and recommend Lodging Tax funded services for City Council consideration. Pasco Lodging Tax Advisory Committee Considerations In developing its recommendations,the Committee considers: I The estimated amount of Lodging Tax Fund available for the coming year as provided by the City's Finance Office. -Thoroughness and completeness of the proposal. 0 Percent of the proposal request to the event/facility promotions budget and overall revenues. 0 Percent of increase over prior year Pasco Lodging Tax funded proposals,if any. 0 Projected economic impact within the City of Pasco,in particular projected overnight stays in Pasco lodging establishments. 0 The applicant’s financial stability. 0 The applicant’s history of tourism promotion success. State Law Excerpts RCW 67.28.1816 —Use of Lodging Tax Fund. Lodging tax revenue under this chapter may be used,directly by any municipality or indirectly through a convention and visitors bureau or destination marketing organization for: Tourism marketing; .The marketing and operations of special events and festivals designed to attract tourists; c.Supporting the operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district created under chapters 35.57 and 36.100 RCW;or d.Supporting the operations of tourism-related facilities owned or operated by nonprofit organizations described under 26 U.S.C.Sec.501(c)(3)and 26 U.S.C.Sec.501(c)(6)or the internal revenue code of 1986,as amended. RCW 67.28.080 —De?nitions. 0 "Municipality"means any county,city or town of the state of Washington. 0 "Operation"includes,but is not limited to,operation,management,and marketing. 0 "Person"means the federal government or any agency thereof,the state or any agency,subdivision,taxing district or municipal corporation thereof other than county,city or town,any private corporation,partnership, association,or individual. 0 "Tourism"means economic activity resulting from tourists,which may include sales of overnight lodging, meals,tours,gifts,or souvenirs. 0 "Tourism promotion"means activities and expenditures designed to increase tourism,including but not limited to advertising,publicizing,or othenNise distributing information for the purpose of attracting and welcoming tourists;developing strategies to expand tourism;operating tourism promotion agencies;and funding marketing of special events and festivals designed to attract tourists. -"Tourism-related facility"means real or tangible personal property with a usable life of three or more years,or constructed with volunteer labor,and used to support tourism,performing arts,or to accommodate tourist activities. 0 "Tourist"means a person who travels from a place of residence to a different town,city,county,state,or country,for purposes of business,pleasure,recreation,education,arts,heritage,or culture. General Information Page 311 of 385 Application for 2025 Pasco Lodging Tax Funds Amount of Lodging Tax Requested: $___________ Organization/Agency Name: Federal Tax ID Number: Contact Name and Title: Mailing Address: City: State: Zip: Phone: Email Address: ☐Non-Profit ☐For-Profit ☐Public Agency Type: Title of Proposed Use/Activity: Scope of Work (Will be included in Contract): Funding Outline: Non-Pasco Lodging Tax Sources: Requested Pasco Lodging Tax Funds: TOTAL BUDGET: $ Uses of Pasco Lodging Tax: Tourism Marketing Event/Festival Marketing/Operation Tourism Facility Operation _____________________________ TOTAL $ Please attached the following (if applicable) to your application: •If your agency is a non-profit a copy of your agency’s current non-profit corporate registration with the Washington Secretary of State. •Brochures or other information about your event/activity/facility, in particular items showing recent tourism promotion efforts. (Optional) Amount:Amount: Page 312 of 385 As a direct result of your proposed tourism-related service, provide an estimate of: What method was used to determine attendance in previous years? a.Overall Attendance Enter the total number of people predicted to attend this activity and select the method used to determine the attendance. Predicted: ☐ Direct Count ☐ Indirect Count ☐ Representative Survey ☐ Informal Survey ☐ Structured Estimate b.Attendance, 50+ Miles Number of people predicted to travel more than 50 miles to attend this activity and select the method used to determine the attendance. Predicted: ☐ Direct Count ☐ Indirect Count ☐ Representative Survey ☐ Informal Survey ☐ Structured Estimate c.Attendance, Out of State, Out of Country Of the total listed in "b" above, number of people predicted to travel from another state and country and select the method used to determine the attendance. Predicted: ☐ Direct Count ☐ Indirect Count ☐ Representative Survey ☐ Informal Survey ☐ Structured Estimate d.Attendance, Paid for Overnight Lodging Enter the number of predicted to attend this activity and pay for overnight lodging and select the method used to determine the attendance. Predicted: ☐ Direct Count ☐ Indirect Count ☐ Representative Survey ☐ Informal Survey ☐ Structured Estimate e.Attendance, Did Not Pay for Overnight Lodging Enter the number of predicted to attend this activity without paying for overnight lodging and select the method used to determine the attendance. Predicted: ☐ Direct Count ☐ Indirect Count ☐ Representative Survey ☐ Informal Survey ☐ Structured Estimate I am an authorized agent of the organization/agency applying for funding. I understand that: •Funds must be expended within the calendar year. •Reporting requirements meeting state guidelines outlined in this application must be submitted with final request for reimbursement. •All funded requests will be monitored for progress and consistency with scope and time line as outlined. •All requests for reimbursement for approved costs shall be in writing and shall have supporting documentation to verify the expenditure of the funds included in request. The State of Washington requires an estimate for the following questions below: Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as hotels, restaurants or tour guides, likely to be affected by an event. Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount certificates, brochures handed out, police requirements for crowd control or visual estimates. Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a highly structured data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). Signature:Name (Printed): Date: f.Paid Lodging Nights Predicted: ☐ Direct Count ☐ Indirect Count ☐ Representative Survey ☐ Informal Survey ☐ Structured Estimate Enter the number of predicted paid lodging nights and select the method used to determine the attendance. Lodging night = one or more persons in one room Page 313 of 385 Application Deadline: Friday, August 30th by 5:00 p.m. To be eligible for consideration, your complete proposal must be received via email only by the deadline. The Committee will review proposals in a public meeting on a date to be determined. Meeting information will be posted on the City's website. Only electronic submissions are accepted: City of Pasco Lodging Tax Advisory Committee c/o Laurel McQuade, Marketing Strategist Email: mcquadeL@pasco-wa.gov Phone: (509) 975-9683 PROPOSED TIMELINE FOR 2024 (2025 BUDGET) Application Timeline August 1 August 30 September TBD October TBD Applications Available Applications Due by 5:00 p.m. LTAC meeting to review and recommend allocations LTAC recommendations presented to City Council Page 314 of 385 General Information City of Pasco Lodging Tax Fund Overview Pasco’s Lodging Tax Fund is the primary source of City funding for activities, operations, and expendituresdesigned to increase tourism. The City has multi-year commitments for the HAPO Center, Gesa Stadiumand tourism promotion services; therefore, those applications have priority status for the use of funds. The Pasco City Council has created a Lodging Tax Advisory Committee to conduct an annual process to solicit andrecommend Lodging Tax funded services for City Council consideration. Pasco Lodging Tax Advisory Committee Considerations In developing its recommendations, the Committee considers: •The estimated amount of Lodging Tax Fund available for the coming year as provided by the City’s FinanceOffice. •Thoroughness and completeness of the proposal. •Percent of the proposal request to the event/facility promotions budget and overall revenues. •Percent of increase over prior year Pasco Lodging Tax funded proposals, if any. •Projected economic impact within the City of Pasco, in particular projected overnight stays in Pascolodging establishments. •The applicant’s financial stability. •The applicant’s history of tourism promotion success. ________________________________________________________________________________________ State Law Excerpts RCW 67.28.1816 – Use of Lodging Tax Fund. Lodging tax revenue under this chapter may be used, directly by any municipality or indirectly through a convention and visitors bureau or destination marketing organization for: a.Tourism marketing; b.The marketing and operations of special events and festivals designed to attract tourists; c.Supporting the operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district created under chapters 35.57 and 36.100 RCW; or d.Supporting the operations of tourism-related facilities owned or operated by nonprofit organizations described under 26 U.S.C. Sec. 501(c)(3) and 26 U.S.C. Sec. 501(c)(6) or the internal revenue code of 1986, as amended. RCW 67.28.080 – Definitions. •"Municipality" means any county, city or town of the state of Washington. •"Operation" includes, but is not limited to, operation, management, and marketing. •"Person" means the federal government or any agency thereof, the state or any agency, subdivision, taxing district or municipal corporation thereof other than county, city or town, any private corporation, partnership, association, or individual. •"Tourism" means economic activity resulting from tourists, which may include sales of overnight lodging, meals, tours, gifts, or souvenirs. •"Tourism promotion" means activities and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding marketing of special events and festivals designed to attract tourists. •"Tourism-related facility" means real or tangible personal property with a usable life of three or more years, or constructed with volunteer labor, and used to support tourism, performing arts, or to accommodate tourist activities. •"Tourist" means a person who travels from a place of residence to a different town, city, county, state, or country, for purposes of business, pleasure, recreation, education, arts, heritage, or culture. Page 315 of 385 Pisco aid: 'Application for 2025 Pasco Lodging Tax Funds 25,000 Organilamn/Agencv Name:Colima Pasco Friendship and Collaboration Type:5‘N°"""°?t Assn LLC -(COPA )g: zgnggencyFedera'Tax "3 Number:ElN:87-1700200 -a 501 (c)(3)non—pro?tassociation Amount of Lodging Tax Requested:S Contact Name and Title:Carl Holder,Treasurer ”WE:509-845-6193 Ema“Address:holder.carl@gmail.com Mailing Address:p0 BOX5331 City:Pasco State:WA Zip:99302 Ttle of Pro osed U Activi :..'p 55/tv Arts and Culture Productions in Downtown Pasco SCOPE0f Work Sustainable production of Encanto for COPA Symphony Fiesta Concert(s)in Downtown (Will be Pasco.This grant willensure that over 30 professional symphony and up to 20 choir included in performers willreceive funding to produce a free-to-the-public concert. Contract): Funding Outline: Non-Pasco LodgingTax Sources:Amount:Uses of Pasco LodgingTax:Amount: Personal &tribal 15,000 Tourism Marketing 6,000 Corporate &Non-pro?t 35,000 Event/FestivalMarketing/Operation 60,000 Port authority 5000 Tourism Facility Operation 10,000 25,000RequestedPascoLodgingTaxFunds: TOTAL BUDGET:5 80,000 TOTAL 5 76,000 -If your agency is a non-pro?t a copy of your agency’s current non-pro?t corporate registration with the Washington Secretary of State. -Brochures or other information about your event/activity/facility,in particular items showing recent tourism promotion efforts.(Optional) Page 316 of 385 The State of Washingt_o_nregulres an estimate for the following Questionsbelow: Direct Count:Actual count of visitors using methods such as paid admissions or registrations,clicker counts at entry points,vehicle counts or number of chairs ?lled.A direct count may also include information collected directly from businesses,such as hotels,restaurants or tour guides,likely to be affected by an event. Indirect Count:Estimate based on information related to the number of visitors such as raf?e tickets sold,redeemed discount certi?cates,brochures handed out,police reQUIrementsfor crowd control or visualestimates. Representative Survey:Information collected directly from Individual visitors/participants.A representative survey Is a highly structured data collection tool,based on a defined random sample of participants,and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Survey:Information collected directly from individual visitors or participants in a non-random manner that is not representative of all visitors or participants.Informalsurvey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. StructuredEstimate:Estimate produced by computing known information related to the event or location.For example,one jurisdiction estimated attendance by dividing the square footage of the event area by the International building code allowance for persons (3 squarefeet). -...What method was used to If:direct fresultofyourproposed tourism-related sewioe,provule an determine attendance In previous e mate 0 1 years? a.Overall Attendance 1 500 '3‘Dire“Count Enter the total number of people predicted to Pr (Med. 1 8Indirect Count attend this activity and select the method used to e '' D ?z?zlriémvzysuwey determine the attendance.III Structured Emma“, b.Attendance,50+Miles f 200 El Direct Com Number of people predicted to travel more than Predicted'El IndirectCount 50 miles to attend this activity and select the D Representative Survey method used to determine the attendance.D '"f°"“a'5“"97 'Structured Estimate c.Attendance,outofState,Out of Country 50 E Direct Count Of the total listed in b above,number of people El Indirect Count predicted to travel from another state and country mam“:a Representative Survey and select the method used to determine the Cl Informal Survey attendance.[3 Structured Estimate d.Attendance,Paid for Overnight Lodging 300 III DII'ECtCount Enter the number of predicted to attend this activity , D '"d'rm CM“ d f ,h I d .d I ct th h d Predicted.CI Representative Survey an pay or overnig t o ging an se e e met 0 El Immal Survey used to determine the attendance.5)Structured Esumate e.Attendance,Did Not Pay for Overnight Lodging 600 3mix“;.-..0U Enterthe numberofpredictedtoattendthis actIVIty Framed:El Represenmwe Survey Without paying for overnight lodging and select the g Informal 5mg, method used to determine the attendance.U Structured Estimate...CI Direct Countf.Paid Lodging Nights .‘~.Predlded:El Indirect Count Enter the number of predicted paid lodging nights and 400 El R m 5 select the method used to determine the attendance.El Inizrfnserunr;urvey Lodgingnight =one or more persons in one room l2]Structured Estimate I am an authorized agent of the organization/agency applying for funding.I understand that: Funds must be expended within the calendar year. 0 Reporting requirements meeting state guidelines outlined in this application must be submitted with ?nal request for reimbursement. All funded requests will be monitored for progress and consistency with scope and time line as outlined. Allrequests for reimburseme for approved costs shallbe in writing and shall have supporting documentat'to verify the xpenditure of the funds included in request. Name (Printed):Carl HolderSignature: Date:8/12/2024 Page 317 of 385 Page 318 of 385 Page 319 of 385 Page 320 of 385 Page 321 of 385 Pasco aid:I"Application for 2025 Pasco Lodging Tax Funds 4,000 Amount of Lodging Tax Requested:S Type:E]Non-Profit E]For-Profit El Public Agency Organizamn/ASEMY Name:Tri-Cities Juneteenth Community council Federal Tax ID Number:81-3459271 Contact Name and Title:Irving L Brown Sr ”'0”:509-366-2790 Ema"Address;irving@juneteenthtcwa.org Mailing Address:PO,Boc 3055 City:pasco State:WA Zip:99302 Title of Proposed Use/Activity:Director SCOPE0f WOYk Juneteenth Community work in the Tri-Cities area impacts the local communities (WIII be of Pasco,Kennewick.and Richland.as well as surrounding areas.by promoting included in awareness and celebration of Juneteenth.commemorating the emancipation of Contract):enslaved African Americans in the United States.This work involves organizing events educational nrnnrams.and mmmunitv outreach efforts to enoaoe residents Funding Outline: Non-Pasco LodgingTax Sources:Amount:Uses of Pasco Lod in Tax:Amount: Tourism Marketing Event/FestivalMarketing/Operation 4,000.00 Tourism Facility Operation Requested Pasco Lodging Tax Funds: TOTAL BUDGET:3 SE o if your agency is a non-pro?t a copy of your agency’s current nonprofit corporate registration with the Washington Secretary of State. -Brochures or other information about your event/activity/facility,in particular items showing recent tourism promotion efforts.(Optional) mm 3 4,000.00 Page 322 of 385 The State of Washington requires an estimate for the following guestions below: Direct Count:Actual count of visitors using methods such as paid admissions or registrations,clicker counts at entry points,vehicle counts or number of chairs filled.A direct count may also include Information collected directly from businesses,such as hotels,restaurants or tour guides,likely to be affected by an event. Indirect Count:Estimate based on information related to the number of visitors such as raffle tickets sold,redeemed discount certificates,brochures handed out.police requirements for crowd control or visualestimates. Representative Survey:Information collected directly from individual visitors/participants.A representative survey is a highly structured data collection tool,based on a de?ned random sample of participants,and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Survey:Information collected directly from individual visitors or participants in a non-random manner that is not representative of all visitors or participants.informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate:Estimate produced by computing known information related to the event or location.For example.one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). What method was used to As a direct result of your proposed tourism-related service,provide an demm‘ne attendance In prams estimate of:years? a.Overall Attendance 200 i:Direct Count Enter the total number of people predicted to _E Indirect Count Predicted:C Representative Surveyattendthisactivityandselectthemethodusedto ‘ Eire ISdeterminetheattendance.""“3 urvev D Structured Estimate b.Attendance,50+Miles 3 Dirac,count.50Numberofpeoplepredictedtotravelmorethanmama:B Indirect Count 50 miles to attend this activity and select the Cl Representative Survey method used to determine the attendance.D '"m'ma'SUNSVUStructuredEstimate c,Attendance,Out of State,Out of Country 5 D mm tom of the total listed in "b“above,number of people _El Mum Count predicted to travel from another state and country Pred'm’d:El Represemame Survey and select the method used to determine the C]informal Survey attendance.D Structured Estimate d.Attendance,Paid for Overnight Lodging El Direct Count E ,...0 El Indirect CountnterthenumberofpredictedtoattendthisactivrtyPredmd:D Representative Survey and pay for overnight lodging and select the method C1Informal Survey used to determine the attendance.5 5mm,“Estimate e.Attendance,Did Not Pay for Overnight Lodging 0 %F';?“;‘z:"“ ,t t .n "'5 Un Enter the numberofpredictedtoattendthis actiwty Predicted:E]Representauve Survey without paying for overnight lodging and select the g WWMZISUNEV method used to determine the attendance.El Structured Estimate f.Paid Lod in Ni hts , D ”"5“CW“3 E S ....Predicted:l2}Indirect CountEnterthenumberofpredictedpaidlodgingnightsand_0 Cl Representative Survey select the method used to determine the attendance. ...El Informal Survey Lodging night =one or more persons in one room [I Structured Estimate I am an authorized agent of the organization/agency applying for funding I understand that: -Funds must be expended within the calendar year. I Reporting requirements meeting state guidelines outlined in this application must be submitted with final request for reimbursement. o Allfunded requests will be monitored for progress and consistency with scope and time line as outlined. a All requests for reimbursement for approved costs shall be in writing and shall have supporting documentation to erify t expenditure of the funds included in request. Name (Printed):Irving L Brown SrSignature: Date: Page 323 of 385 PROPOSED TIMELINEFOR 2024 (2025 BUDGET) Application Timeline August 1 Applications Available August 30 Applications Due by 5:00 pm. September TBD LTAC meeting to review and recommend allocations October TBD LTAC recommendations presented to City Council Application Deadline:Friday,August son.by 5:00 pm To be eligible for consideration,your complete proposal must be received via email only by the deadline.The Committee will review proposals in a public meeting on a date to be determined.Meeting information will be posted on the City's website. Only electronic submissions are accepted: City of Pasco Lodging Tax Advisory Committee c/o Laurel McQuade,Marketing Strategist Email:mcguadenggascorwa gov Phone:(509)9753683 Page 324 of 385 General Information City of Pasco Lodging Tax Fund Overview Pasco‘s Lodging Tax Fund is the primary source of City funding for activities,operations,and expenditures designed to increase tourism.The City has multi-year commitments for the HAPO Center,Gesa Stadium and tourism promotion services;therefore,those applications have priority status for the use of funds. The Pasco City Council has created 3 Lodging Tax Advisory Committee to conduct an annual process to solicit and recommend Lodging Tax funded services for City Council consideration. Pasco Lodging Tax Advisory Committee Considerations In developing its recommendations,the Committee considers: o The estimated amount of Lodging Tax Fund available for the coming year as provided by the City’s Finance Office. -Thoroughness and completeness of the proposal. 0 Percent of the proposal request to the event/facility promotions budget and overall revenues. -Percent of increase over prior year Pasco Lodging Tax funded proposals,if any..Projected economic impact within the City of Pasco,in particular projected overnight stays in Pasco lodging establishments. 0 The applicant‘s financial stability. 0 The applicant’s history of tourism promotion success. State Law Excerpts RCW 67.28.1816 -Use of Lodging Tax Fund. Lodging tax revenue under this chapter may be used,directly by any municipality or indirectly through a convention and visitors bureau or destination marketing organization for: a.Tourism marketing; b.The marketing and operations of special events and festivals designed to attract tourists; c.Supporting the operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district created under chapters 35.57 and 36.100 RCW;or d.Supporting the operations of tourism-related facilities owned or operated by nonprofit organizations described under 26 U.S.C.Sec.501(c)(3)and 26 U.S.C.Sec.501(c)(6)or the internal revenue code of 1986,as amended. RCW 67.28.080 —De?nitions. 0 "Municipality"means any county,city or town of the state of Washington. 0 "Operation"includes,but is not limited to,operation,management,and marketing. 0 "Person"means the federal government or any agency thereof,the state or any agency,subdivision,taxing district or municipal corporation thereof other than county,city or town,any private corporation,partnership, association,or individual. I "Tourism"means economic activity resulting from tourists,which may include sales of overnight lodging, meals,tours,gifts,or souvenirs. -"Tourism promotion"means activities and expenditures designed to increase tourism,including but not limited to advertising,publicizing,or otherwise distributing information for the purpose of attracting and welcoming tourists;developing strategies to expand tourism;operating tourism promotion agencies;and funding marketing of special events and festivals designed to attract tourists. -"Tourism-related facility"means real or tangible personal property with a usable life of three or more years,or constructed with volunteer labor,and used to support tourism,performing arts,or to accommodate tourist activities. -"Tourist"means a person who travels from a place of residence to a different town,city,county,state,or country,for purposes of business,pleasure,recreation,education,arts,heritage,or culture. Page 325 of 385 Application for 2025 Pasco Lodging Tax Funds - 1 000.00 Amount of Lodging Tax Requested:$ Organization/MSW Name:BlueMountain Resource Conservation &TYPE:—“On-Wit Development Council EFor—Fro?t L.Public Agency Federal Tax lD Number:91-2152491 Contact Name and Title:Jill Holman,2025 SWIM the SNAKE Event Coordinator ’ iPhonet(602)206-5572 Email Address:iilbage@yahoo.com Mailing Address:P.O_BOX594 CitVIWaitsburg Title of Proposed Use /Activity:Fund-raising open water swimming and paddling event in the Snake River. Scope of work Promotional events using social media platforms,print and radio advertising.Regional (Will be outdoor actvity magazines and online calendars of events,online advertising. included in Commemorative T—shirtsfor all participants,website promotion,discounts for local Contract);restaurants and selected lodging for overnight participants. Funding Outline: WW Amount:Uses of Pasco LodgingTax:Amount: Columbia Co.LT funds 1000.00 Tourism Marketing 50000 Sponsor donations 900.00 Event/FestivalMarketing/Operation 500.00 Tourism Facility Operation REQUEStedPasco Lodging Tax Funds:100000 TOTAL BUDGET:$2900.00 TOTAL 3 1000-00 'rapolica?onPieaseattachedthefaitewm.. o If your agency is a non—pro?t a copy of your agency’s current non-profit corporate registration with the WashingtonSecretary of State. 0 Brochures or other information about your event/activity/faciiity,in particular items showing recent tourism promotion efforts.(Optional) Page 326 of 385 The State of Washington reguires an estimate for the following Questionsbelow: Birect Count:Actual count of visitors using methods such as paid admissions or registrations,clicker counts at entry points,vehicle counts or number of chairs filled.A direct count may also include information collected directly from businesses,such as hotels,restaurants or tour guides,likely to be affected by an event. indirect Count:Estimate based on information related to the number of visitors such as raf?e tickets sold,redeemed discount certificates,brochures handed out,police requirements for crowd control or visual estimates. Representative Survey:information collected directly from individual visitors/participants.A representative survey is a highly structured data collection tool,based on a defined random sample of participants,and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. informal Survey:information collected directly from individual visitors or participants in a non—random manner that is not representative of all visitors or participants.informal survey results cannotbe projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate:Estimate produced by computing known information related to the event or location.For example,one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). What method was used to determine attendance in previous yea rs? E Direct Count 13 Indirect Count D Representative Survey E informal Survey D Structured Estimate As a direct result of your proposed tourism-related service,provide an estimate of: a.Overall Attendance Enter the total number of people predicted to attend this activity and select the method used to determine the attendance. b.Attendance,50+Miles Number of people predicted to travel more than 50 miles to attend this activity and select the method used to determine the attendance. Predicted:11O E]Direct Count Ci Indirect Count El Representative Survey [3 informal Survey D Structured Estimate Predicted:200/0 c.Attendance,Out of State,Out of Country Of the total listed in "b"above,number of people predicted to travel from another state and country and select the method used to determine the attendance. cl.Attendance,Paid for Overnight Lodging Enter the number of predicted to attend this activity and pay for overnight lodging and select the method used to determine the attendance. [El Direct Count 3 indirect Count D Representative Survey D informal Survey [3 Structured Estimate Cl Direct Count D indirect Count D Representative Survey 13 informal Survey D Structured Estimate D Direct Count :3 indirect Count El Representative Survey E]informal Survey D Structured Estimate I2 Direct Count E indirect Count D Representative Survey El Informal Survey D Structured Estimate 20%Predicted: Predicted:100/4) e.Attendance,Did Not Pay for Overnight Lodging Enter the number of predicted to attend this activity without paying for overnight lodging and select the method used to determine the attendance. f.Paid Lodging Nights Enter the number of predicted paid lodging nights and select the method used to determine the attendance. Lodging night =one or more persons in one room 0 Predicted:4'0 /° 0 Predicted:10 /° I am an authorized agent of the organization/agency applying for funding.I understand that: 0 Funds must be expended within the calendar year. 0 fepsttsxg satin-g state geééetirres outlined Er:this aeeéécatéc fine?greenest to?reimbursement. Allfunded requests will be monitored for progress and consistency with scope and time line as outlined. Allrequests for reimbursement for approved costs shall be in writing and shall have supporting documentationto verify the expenditure of the funds included in request. niremerzta .a ?gs“?fee saémitted 35.55%: Signature:‘2 Name (Printed):Jill Holman Date:August 28,224 Page 327 of 385 PROPOSED TIMELINEFOR 2024 (2025 BUDGET) Application Timeline August 1 Applications Available August 30 Applications Due by 5:00 pm. September TBD LTAC meeting to review and recommend allocations October TBD LTAC recommendations presented to City Council gsswatier Seediéne:Maggy,géegzgst 353%:be 333$are To be eligible for consideration,your complete proposal must be received via email only by the deadline.The Committee will review proposals in a public meeting on a date to be determined.Meeting information will be posted on the City‘s website. Only electronic submissions are accepted: City of Pasco Lodging Tax Advisory Committee c/o Laurel McQuade,Marketing Strategist Email:mceeeéei@ asses-sage; Phone:(509)975-9683 “‘3“; Page 328 of 385 — City of Pasco Lodging Tax Fund Overview Pasco’5 LodgingTax Fund is the primary source of City funding for activities,operations,and expenditures designed to increase tourism.The City has multi—year commitments for the HAPO Center Gesa Stadiumandtourismpromotionservices;therefore,those applications have priority status for the use of funds. The Pasco City Council has created a Lodging Tax Advisory Committee to conduct an annual process to solicitand recommend Lodging Tax funded services for City Council consideration. Pasco Lodging Tax Advisory Committee Considerations In developing its recommendations,the Committee considers: o The estimated amount of Lodging Tax Fund available for the coming year as provided by the City’s Finance Office. 0 Thoroughness and completeness of the proposal. 0 Percent of the proposal request to the event/facility promotions budget and overall revenues. 0 Percent of increase over prior year Pasco Lodging Tax funded proposals,if any. 0 Projected economic impact within the City of Pasco,in particular projected overnight stays in Pasco lodging establishments. 0 The applicant’s financial stability. 0 The applicant’s history of tourism promotion success. State Law Excerpts RCW 67.28.1816 —Use of Lodging Tax Fund. Lodging tax revenue under this chapter may be used,directly by any municipality or indirectly through a convention and visitors bureau or destination marketing organization for: a.Tourism marketing; b.The marketing and operations of special events and festivals designed to attract tourists; c.Supporting the operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district created under chapters 35.57 and 36.100 RCW;or d.Supporting the operations of tourism—related facilities owned or operated by nonpro?t organizations described under 26 U.S.C.Sec.501(c)(3)and 26 U.S.C.Sec.501(c)(6)or the internal revenue code of 1986,as amended. RON 67.28.080 --Definitions. 0 "Municipality"means any county,city or town of the state of Washington. 0 "Operation"includes,but is not limited to,operation,management,and marketing. 0 “Person"means the federal government or any agency thereof,the state or any agency,subdivision,taxing district or municipal corporation thereof other than county,city or town,any private corporation,partnership, association,or individual. 0 "Tourism"means economic activity resulting from tourists,which may include sales of overnight lodging, meals,tours,gifts,or souvenirs. 0 "Tourism promotion"means activities and expenditures designed to increase tourism,including but not limited to advertising,publicizing,or otherwise distributing information for the purpose of attracting and welcoming tourists;developing strategies to expand tourism;operating tourism promotion agencies;and funding marketing of special events and festivals designed to attract tourists. -"Tourism-related facility"means real or tangible personal property with a usable life of three or more years,or constructed with volunteer labor,and used to support tourism,performing arts,or to accommodate tourist activities. 0 "Tourist”meansa person who travels from a place of residence to a different town,city,county,state,or country,for purposes of business,pleasure,recreation,education,arts,heritage,or culture. Page 329 of 385 Page 330 of 385 Page 331 of 385 Page 332 of 385 Page 333 of 385 UBI # 604 353 589| EIN # 83-3067406 501c3 City of Pasco Business License - Non Resident #41175 Encanto Arts 4838 Delridge Way Sw Suite A Seattle, WA 98106 president@encantoarts.org www.encantoarts.org Project Title: "A Night of the Charro: Celebrating Charro and Western Culture in Eastern Washington Project Overview: This project aims to produce a vibrant cultural event in Pasco, WA, titled "A Night of the Charro," celebrating the rich traditions of charro culture alongside the western heritage of Eastern Washington. The event will feature performances by the region's best charros, showcasing their majestic dancing horses, accompanied by live mariachi music. The event will serve as a cultural exchange, highlighting the beauty of Western Mexican culture and its infiuence on the broader Western traditions of Eastern Washington. Project Objectives: 1. Cultural Preservation and Celebration: o Showcase the rich heritage of charro culture, including traditional horsemanship, attire, and music. o Celebrate the fusion of Mexican and Western cultures in Eastern Washington, promoting cultural understanding and appreciation. 2. Community Engagement and Inclusion: o Provide an opportunity for the community to experience and participate in a unique cultural event that highlights the diversity of the region. o Encourage participation from local and regional charro groups, , and community organizations. Showcaase a production of Horsmanship of over 30 horses in a Night production for all to see!! 3. Economic and Cultural Impact: o Attract visitors to Pasco, WA, boosting local tourism and supporting the local economy. o Position Pasco as a cultural hub for events that celebrate Mexican and Western traditions, fostering a sense of pride and community identity. Scope of Work: Page 334 of 385 1. Event Planning and Coordination: o Venue Selection and Preparation: Identify and secure a suitable venue in Pasco, WA, with the necessary infrastructure for showcasing dancing horses and accommodating large audiences. Coordinate with local authorities for permits and safety measures. o Talent Recruitment: Engage the best charros in the region, inviting them to participate in the event. Work with local and regional mariachi bands to provide live music, ensuring an authentic and high-quality performance. o Cultural Programming: Develop a comprehensive program that includes charro demonstrations, live mariachi performances, and cultural exhibitions that highlight the traditions of charro and Western culture. 2. Marketing and Promotion: o Community Outreach: Engage local communities, cultural organizations, and schools in Eastern Washington to raise awareness and encourage participation in the event. o Advertising Campaign: Develop and implement a multi-channel marketing strategy, including social media, local media, and print advertising, to attract a diverse audience from across the region. o Partnerships and Sponsorships: Identify and secure partnerships with local businesses, cultural organizations, and sponsors to support the event flnancially and logistically. 3. Logistics and Operations: o Safety and Compliance: Work with local authorities and animal welfare organizations to ensure the safety and well-being of the horses and participants. Implement crowd control measures and ensure compliance with all relevant regulations. o Event Setup and Management: Coordinate all logistical aspects of the event, including stage and arena setup, sound and lighting, seating arrangements, and vendor management. Ensure smooth operations on the day of the event with a dedicated team of staff and volunteers. Page 335 of 385 o Post-Event Evaluation: Conduct a thorough evaluation of the event, including attendance metrics, participant feedback, and flnancial performance. Prepare a report summarizing the outcomes and lessons learned for future planning. 4. Budget and Financial Management: o Budget Development: Create a detailed budget outlining all costs associated with the event, including talent fees, venue rental, marketing, logistics, and administrative expenses. o Grant Management: Ensure that all grant funds are allocated and spent in accordance with the grant guidelines. Maintain accurate flnancial records and prepare reports as required by the grantor. 5. Cultural and Educational Impact: o Workshops and Demonstrations: Include educational components such as workshops on charro traditions, the history of mariachi music, and the infiuence of Mexican culture on the American West. o Cultural Exhibits: Set up exhibits that display traditional charro attire, saddlery, and other cultural artifacts, providing attendees with a deeper understanding of the cultural signiflcance of the event. Timeline: • Month 1-2: Planning and Coordination • Month 3-4: Talent Recruitment and Marketing Launch • Month 5-6: Final Preparations and Event Execution • Month 7: Post-Event Evaluation and Reporting Expected Outcomes: • A successful cultural event that attracts a diverse audience and showcases the rich traditions of charro and Western culture. • Increased awareness and appreciation of Mexican heritage in Eastern Washington. • Strengthened community ties and enhanced cultural exchange between local and regional participants. Page 336 of 385 Sustainability Plan: • Explore opportunities to make "A Night of the Charro" an annual event in Pasco, WA. • Develop partnerships with local cultural institutions to continue promoting charro culture and its signiflcance in the region. This scope of work outlines a comprehensive approach to producing a culturally signiflcant event that honors the traditions of charro and Western culture while engaging and enriching the community of Pasco, WA. Page 337 of 385 Page 338 of 385 Page 339 of 385 Page 340 of 385 Page 341 of 385 Pasm DI] Phone:Email Address:5095375136 citymanager@pasco-wa.gov Federal Tax ID Number:91 -6001 264 Application for 2025 Pasco Lodging Tax Funds 14,503AmountofLodgingTaxRequested:5 Type:Non-Profit For-Profit -PublicA enc organization/Agency Name:City of Pasco-Administrative Cost Title of Proposed Use/Activity:,,,Administrative Cost SCOPe01‘Work Management of the fund includes Washington State JLARC reporting,contracting, (Will be budgeting,meeting management,application promotion,application management and included in additional tasks across numerous City departments. Contract): c Funding Outline: Non-Pasco Lod in Tax Sources:Amount:Uses of Pasco Lod in Tax:Amount: Zip:99301MailingAddress:525 N 3rd Ave City:Pasco Tourism Marketing Event/FestivalMarketing/Operation Tourism Facility Operation Fund Administration 14,503 TOTAL 5 14,503 Requested Pasco Lodging Tax Funds: TOTAL BUDGET:$ Please attached the following (if applicable)to your application: 0 If your agency is a non-profit a copy of your agency's current non—profitcorporate registration with the Washington Secretary of State. 0 Brochures or other information about your event/activity/facility,in particular items showing recent tourism promotion efforts.(Optional) Contact Name and Title:Adam LinCOIH,City Manager Page 342 of 385 Ell Date:8/29/24 The State of Washin on re uires an estimate for the followin uestions below: Direct Count:Actual count of visitors using methods such as paid admissions or registrations,clicker counts at entry points,vehicle counts or number of chairs filled.A direct count may also include information collected directly from businesses,such as hotels,restaurants or tour guides,likely to be affected by an event. Indirect Count:Estimate based on information related to the number of visitors such as raffle tickets sold,redeemed discount certificates,brochures handed out,police requirements for crowd control or visual estimates. Re resentative Surve :Information collected directly from individual visitors/participants.A representative survey is a highly structured data collection tool,based on a defined random sample of participants,and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Surve :Information collected directly from individual visitors or participants in a non-random manner that is not representative of all visitors or participants.Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate:Estimate produced by computing known information related to the event or location.For example,one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). What method was used to As adirect result of your proposed tourism-related servrce,provrde an determine attendance in previous estimate of:years? a.Overall Attendance N/A Direct Count Indirect CountEnterthetotalnumberofpeoplepredictedto P d_t d__ attend this activity and select the method used to re 'c e ‘Representat've survey d termine the attendance Informal survey e 'Structured Estimate b.Attendance,50+Miles N/A Direct Count Number of people predicted to travel more than Predicted Indirect Count 50 miles to attend this activity and select the 'Representative Survey method used to determine the attendance.'"fc’rma'survey Structured Estimate c.Attendance,Out of State,Out of Country N/A Direct Count Of the total listed in "b"above,number of people ' Indirect Count predicted to travel from another state and country Pred'md:Representative Survey and select the method used to determine the Informal Survey attendance.Structured Estimate d.Attendance,Paid for Overnight Lodging N/A Direct Count Enter the number of predicted to attend this activity ._ '"d'reCt CWT" d f .h l d .d |h h d Pred'Cte'i Representative Survey an pay or overmgto grng an se ect t e met 0 InformalSurvey used to determine the attendance.Structured Estimate e.Attendance,Did Not Pay for Overnight Lodging N/A :3?“13‘2“t....I’l Irec oun Enterthe numberofpredictedtoattendthis actrvrty Predicted:Representative Survey wrthout paying for overnlght lodging and select the Informal Survey method used to determine the attendance.Structured Estimate f.Paid Lodgin Ni hts ., Dire“C°Unt Enter the nimbgrofpredicted paid lodging nights and Predicted.Indira“Count N/A Representative Survey select the method used to determine the attendance. Lodging night =one or more persons in one room Informal Survey Structured Estimate lam an authorized agent of the organization/agency applying for funding.I understand that: 0 Funds must be expended within the calendar year. 0 o Allfunded requests will be monitored for progress and consistency with scope and time line as outlined. o All requests for reimbursement for approved costs shall be in writing and shall have supporting documentation to verify the expenditure of the funds included in request. Signature:Name (Printed):Adam Linco|n Reporting requirements meeting state guidelines outlined in this application must be submitted with final request for reimbursement. Page 343 of 385 Email:mc uadeL@ asco-wa.ov PROPOSED TIMELINE FOR 2024 (2025 BUDGET) Application Timeline August 1 Applications Available August 30 Applications Due by 5:00 pm. September TBD LTACmeeting to review and recommend allocations October TBD LTAC recommendations presented to City Council To be eligible for consideration,your complete proposal must be received via email onl by the deadline.The Committee will review proposals in a public meeting on a date to be determined.Meeting information will be posted on the City's website. Only electronic submissions are accepted: City of Pasco Lodging Tax Advisory Committee c/o Laurel McQuade,Marketing Strategist Phone:(509)975—9683 Application Deadline:Friday,August 30th by 5:00 pm. Page 344 of 385 City of Pasco Lodging Tax Fund Overview Pasco’s Lodging Tax Fund is the primary source of City funding for activities,operations,and expenditures- designed to increase tourism.The City has multi-year commitments for the HAPO Center,Gesa Stadium and tourism promotion services;therefore,those applications have priority status for the use of funds. The Pasco City Council has created a Lodging Tax Advisory Committee to conduct an annual process to solicit and recommend Lodging Tax funded services for City Council consideration. Pasco Lodging Tax Advisory Committee Considerations In developing its recommendations,the Committee considers: -The estimated amount of Lodging Tax Fund available for the coming year as provided by the City’s Finance Office. 0 Thoroughness and completeness of the proposal. 0 Percent of the proposal request to the event/facility promotions budget and overall revenues. -Percent of increase over prior year Pasco Lodging Tax funded proposals,if any. 0 Projected economic impact within the City of Pasco,in particular projected overnight stays in Pasco lodging establishments. 0 The applicant’s financial stability. 0 The applicant's history of tourism promotion success. State Law Excerpts RCW67.28.1816 -Use of Lodging Tax Fund. Lodging tax revenue under this chapter may be used,directly by any municipality or indirectly through a convention and visitors bureau or destination marketing organization for: Tourism marketing; b.The marketing and operations of special events and festivals designed to attract tourists; c.Supporting the operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district created under chapters 35.57 and 36.100 RCW;or d.Supporting the operations of tourism-related facilities owned or operated by nonprofit organizations described under 26 U.S.C.Sec.501(c)(3)and 26 U.S.C.Sec.501(c)(6)or the internal revenue code of 1986,as amended. RCW 67.28.080 —Definitions. 0 "Municipality"means any county,city or town of the state of Washington. 0 "Operation"includes,but is not limited to,operation,management,and marketing. 0 "Person"means the federal government or any agency thereof,the state or any agency,subdivision,taxing district or municipal corporation thereof other than county,city or town,any private corporation,partnership, association,or individual. 0 "Tourism"means economic activity resulting from tourists,which may include sales of overnight lodging, meals,tours,gifts,or souvenirs. 0 "Tourism promotion"means activities and expenditures designed to increase tourism,including but not limited to advertising,publicizing,or otherwise distributing information for the purpose of attracting and welcoming tourists;developing strategies to expand tourism;operating tourism promotion agencies;and funding marketing of special events and festivals designed to attract tourists. o "Tourism-related facility"means real or tangible personal property with a usable life of three or more years,or constructed with volunteer labor,and used to support tourism,performing arts,or to accommodate tourist activities. 0 "Tourist"means a person who travels from a place of residence to a different town,city,county,state,or country,for purposes of business,pleasure,recreation,education,arts,heritage,or culture. General Information Page 345 of 385 Pasm It5‘ ; Federal Tax ID Number:91—6001264 Organization/Agency Name:City of Pasco-Marketing Application for 2025 Pasco Lodging Tax Funds 15,000AmountofLodgingTaxRequested:S Type:Non-Pro?t For-Profit I PublicA enc State:WA Zip:99301MailingAddress:525 N.3rd Ave City:Pasco Ph°“e‘509-975-9683 Ema"Address;mcquadel@pasco-wa.gov Requested Pasco Lodging Tax Funds: TOTAL BUDGET:$TOTAL 515. 000Pleaseattachedthefollowing(if applicable)to your application: o If your agency is a non-profit a copy of your agency‘s current non-profit corporate registration with the Washington Secretary of State. 0 Brochures or other information about your event/activity/facility,in particular items showing recent tourism promotion efforts.(Optional) Title of Proposed Use/Activity:___Creation of Tourism Marketing Collateral Scope 0f Work The City of Pasco needs high quality marketing pieces that entice a tourist to visit (Will be Pasco and encourage them to stay longer.Such marketing materials could include included in targeted campaigns on social media,branded items,visually appealing and Contract):printable/downloadable maps,photography and more. Funding Outline: Non-Pasco Lod in Tax Sources:Amount:Uses of Pasco Lod in Tax:Amount: Tourism Marketing 15,000 Event/FestivalMarketing/Operation Tourism Facility Operation “ma“Name and “'6‘Laurel McQuade,Lead Communications Strategist Page 346 of 385 Bl Predicted: Date 8/29/24 The State of Washin on re uires an estimate for the followin uestions below: Direct Count:Actual count of visitors using methods such as paid admissions or registrations,clicker counts at entry points,vehicle counts or number of chairs filled.A direct count may also include information collected directly from businesses,such as hotels,restaurants or tour guides,likely to be affected by an event. Indirect Count:Estimate based on information related to the number of visitors such as raffle tickets sold,redeemed discount certi?cates,brochures handed out,police requirements for crowd control or visual estimates. Re resentative Surve :Information collected directly from individual visitors/participants.A representative survey is a highly structured data collection tool,based on a defined random sample of participants,and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Surve:Information collected directly from individual visitors or participants in a non-random manner that is not representative of all visitors or participants.Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate:Estimate produced by computing known information related to the event or location.For example,one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). What method was used to As adirect result of your proposed tourism-related sewice,prowde an determine attendance .mprevious estimate of:years? a.Overall Attendance IA Direct Count l‘l Irect OUl‘ItNId‘CEnterthetotalnumberofpeoplepredictedto...p '2 , attend this actIVIty and select the method used to red'ded Representat've survey Informal Survey determine the attendance.Structured Estimate b.Attendance,50+Miles N/A Direct Count Number of people predicted to travel more than Predicted'Indirect Count 50 miles to attend this activity and select the RepresentatiVe Survey method used to determine the attendance.'"forma'survey Structured Estimate c.Attendance,OutofState,Out of Country NIA Direct Count Of the total listed In b above,number of people _Indirect Count predicted to travel from another state and country P’Ed'm‘“Representative Survey and select the method used to determine the Informal Survey attendance.Structured Estimate cl.Attendance,Paid for Overnight Lodging Direct Count N/A Indirect CountEnterthenumberofpredictedtoattendthisactivity.._._Predicted.Representative Survey and pay for overnight lodging and select the method lnformal'Survey used to determine the attendance.Structured Estimate Direct Counte.Attendance,Did Not Pay for Overnight Lodging NIA Indirect count Enter the number of predicted to attend this activity Representative Survey without paying for overnight lodging and select the |nforma|Survey method used to determine the attendance.Structured Estimate f.Paid Lod in Ni hts .Direct Count Enter thegn?mbirofpredicted paid lodging nights and Predlcmd: N/A Eggzterfg?teSurvey select the method used to determine the attendance....Informal Survey Lodging night =one or more persons In one room Structured Estimate lam an authorized agent of the organization/agency applying for funding.I understand that: 0 Funds must be expended within the calendar year. 0 o Allfunded requests will be monitored for progress and consistency with scope and time line as outlined. o All requests for reimbursement for approved costs shall be in writing and shall have supporting documentation to verify the expenditure of the funds included in request. Signature:Laurel McQuade Name (Printed):Law-3|McQuade Reporting requirements meeting state guidelines outlined in this application must be submitted with final request for reimbursement. Page 347 of 385 u m. PROPOSED TIMELINEFOR 2024 (2025 BUDGET ) Application Timeline August 1 Applications Available August 30 Applications Due by 5:00 pm. September TBD LTAC meeting to review and recommend allocations October TBD LTAC recommendations presented to City Council Email:me uadeL@ asco-wa.ov To be eligible for consideration,your complete proposal must be received via email onl by the deadline.The Committee will review proposals in a public meeting on a date to be determined.Meeting information will be posted on the City's website. Only electronic submissions are accepted: City of Pasco Lodging Tax Advisory Committee c/o Laurel McQuade,Marketing Strategist Phone:(509)975—9683 Application Deadline:Friday,August 30th by 5:00 pm. Page 348 of 385 City of Pasco Lodging Tax Fund Overview Pasco's Lodging Tax Fund is the primary source of City funding for activities,operations,and expenditures- designed to increase tourism.The City has multi-year commitments for the HAPO Center,Gesa Stadium and tourism promotion services;therefore,those applications have priority status for the use of funds. The Pasco City Council has created a Lodging Tax Advisory Committee to conduct an annual process to solicit and recommend Lodging Tax funded services for City Council consideration. Pasco Lodging Tax Advisory Committee Considerations In developing its recommendations,the Committee considers: o The estimated amount of Lodging Tax Fund available for the coming year as provided by the City‘s Finance Office. 0 Thoroughness and completeness of the proposal. 0 Percent of the proposal request to the event/facility promotions budget and overall revenues. 0 Percent of increase over prior year Pasco Lodging Tax funded proposals,if any. 0 Projected economic impact within the City of Pasco,in particular projected overnight stays in Pasco lodging establishments. 0 The applicant’s financial stability. 0 The applicant's history of tourism promotion success. State Law Excerpts RCW67.28.1816 -Use of Lodging Tax Fund. Lodging tax revenue under this chapter may be used,directly by any municipality or indirectly through a convention and visitors bureau or destination marketing organization for: Tourism marketing; .The marketing and operations of special events and festivals designed to attract tourists; c.Supporting the operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district created under chapters 35.57 and 36.100 RCW;or d.Supporting the operations of tourism—related facilities owned or operated by nonprofit organizations described under 26 U.S.C.Sec.501(c)(3)and 26 U.S.C.Sec.501(c)(6)or the internal revenue code of 1986,as amended. RCW 67.28.080 -De?nitions. 0 "Municipality"means any county,city or town of the state of Washington. 0 "Operation"includes,but is not limited to,operation,management,and marketing. 0 "Person"means the federal government or any agency thereof,the state or any agency,subdivision,taxing district or municipal corporation thereof other than county,city or town,any private corporation,partnership, association,or individual. 0 "Tourism"means economic activity resulting from tourists,which may include sales of overnight lodging, meals,tours,gifts,or souvenirs. 0 "Tourism promotion"means activities and expenditures designed to increase tourism,including but not limited to advertising,publicizing,or otherwise distributing information for the purpose of attracting and welcoming tourists;developing strategies to expand tourism;operating tourism promotion agencies;and funding marketing of special events and festivals designed to attract tourists. o "Tourism-related facility"means real or tangible personal property with a usable life of three or more years,or constructed with volunteer labor,and used to support tourism,performing arts,or to accommodate tourist activities. 0 "Tourist"means a person who travels from a place of residence to a different town,city,county,state,or country,for purposes of business,pleasure,recreation,education,arts,heritage,or culture. General Information Page 349 of 385 7130 W. Grandridge Blvd., Suite B Kennewick, WA 99336 509-735-8486 1-800-254-5824 www.VisitTRI-CITIES.com info@VisitTRI-CITIES.com August 27, 2024 Ms. Laurel McQuade City of Pasco P.O. Box 293 Pasco, WA 99301 SUBJECT: Visit Tri-Cities 2025 Hotel/Motel Tax Fund Application Dear Ms. McQuade: We appreciate the opportunity to again submit an application for lodging tax to support our efforts to market Pasco and the entire region as a premier travel destination. The City of Pasco and Visit Tri- Cities have a signed agreement for the promotion of tourism that was approved by the Pasco City Council and the Pasco Lodging Tax Advisory Committee (LTAC). The agreement went into effect on January 1, 2021 and will expire on December 31, 2025. The Cities of Kennewick and Richland also have the same agreements established. In order to remain compliant with HB 1253, enclosed is Visit Tri-Cities’ 2025 Hotel/Motel Tax Fund Application for the LTAC to review. By investing lodging tax dollars with Visit Tri-Cities, the City of Pasco receives a multi-faceted approach to marketing the city to visitors, business investors and those looking to relocate. The enclosed application outlines the deliverables and services provided as outlined in the contract. If you would like any additional copies of the application or if I can answer any questions, please contact me. Sincerely, Kevin Lewis President & CEO Enclosures Page 350 of 385 Page 351 of 385 Page 352 of 385 ANNUAL REPORT 2023 VisitTri-Cities.com Page 353 of 385 OUR VISION & MISSION A MESSAGE FROM THE PRESIDENT & CEO AND THE CHAIR OF THE BOARD Dear Tourism Partners, It’s exciting to feel the energy of our team as they enthusiastically work to fuel transformational growth in the Tri-Cities through tourism. 2023 was a year of significant transition. With the support of dedicated partners and community leaders, we called on our leadership team to maintain essential functions while building a platform for greater success. I’m pleased to report we accomplished those objectives, and we’re excited to share some exciting opportunities ahead. Visitors spend nearly $600 million in the Tri-Cities each year. That spending creates more than 5,700 jobs in the area and generates more than $74 million in local tax revenue. Nationally, travel demand was weaker in 2023 with seven straight months of decline. Although hotel occupancy was essentially flat in the Tri-Cities, rising just 0.9% in 2023, average hotel rates were up 7.4% (almost twice the national average). The Tri-Cities saw a 2.5% increase in total visitor trips, the number of new visitors to the area rose nearly 9.2%, and hotel tax revenues increased by $161,436. In 2023, year-over-year increases in average daily rate and revenue per available room in the Tri-Cities were among the highest in the state. In recent months, consumer confidence has risen due to slower inflation and anticipation of lower interest rates ahead. Travel sentiment seems to be improving as well. In the Q4 our sales teams capitalized on some significant opportunities to increase our projected hotel group revenues by 57%. In 2023 we were thrilled to be selected as host for two new signature events coming in 2024: The inaugural IRONMAN 70.3 Washington Tri-Cities race, and the National Horseshoe Pitcher’s World Tournament. In addition to bringing millions in outside revenue into our economy, these events will bolster workforce recruitment and business development by showcasing the destination to a global audience of active, successful people. With IRONMAN, our communities are now connected to one of the most globally recognized endurance and lifestyle brands. One of the most significant team accomplishments in 2023 is the evolution of our messaging strategy. We’ve refined our Vision and Mission statements and restructured all of our strategic messaging to enhance our brand position. This messaging strategy provides a foundation to authentically celebrate the key destination drivers that make our communities distinct. Every potential visitor is on a path of discovery and our goal is to meet them where they are on the path and lead them down the decision-making funnel to discover why this destination is such a great fit. In 2024, our messaging will focus on the five key experience categories that we’ve identified as the true drivers of visitation. Internally, our efforts will align with five strategic pillars that support the foundation and purpose of our organization. As our team embraces the essence of our Vision and Mission statements and works to accomplish our strategic objectives, we are excited to push the boundaries a bit. With creative marketing initiatives, new signature events, and community collaboration, we’ll meet potential visitors on the path of discovery and invite them to celebrate with us. It is rewarding to collaborate with the forward-thinking leaders in our communities to facilitate such positive influence in the area. We’re definitely enthusiastic about the transformational impacts in store. Kevin Lewis President & CEO Visit Tri-Cities Buck Taft Chair of the Board Visit Tri-Cities OUR DESTINATION DRIVERS These are the key experiences that authentically define and celebrate the unique aspects of the destination. As we focus on these core experiences, we elevate the destination brand and guide visitors to the experiences they are seeking. OUR VISION Inspire, reward, and celebrate the spirit of exploration and discovery. OUR MISSION Fuel transformational growth in the Tri-Cities through tourism. OUR STRATEGIC PILLARS STRATEGIC SALES COLLABORATIVE DESTINATION DEVELOPMENT PROACTIVE COMMUNITY ENGAGEMENT INNOVATIVE & MEANINGFUL OPERATIONS EFFECTIVE MARKETING 1 2 Pa g e 3 5 4 o f 3 8 5 FINANCIAL PICTURETOURISM ECONOMIC IMPACT Kennewick Pasco Richland Totals 2020 $277,886 $151,941 $270,733 $700,560 2021 $502,862 $332,854 $581,566 $1,417,282 2022 $672,025 $440,350 $733,662 $1,846,037 2023 $714,098 $498,162 $795,213 $2,007,473 HOTEL-MOTEL TAX REVENUEHOTELS 3,670 Hotel guest rooms available Hotel tax revenue is up $161,436 from previous year, and ADR is up 28.6% from 2021 and up 7.4% from 2022. Hotel occupancy levels rose 0.9% from 2022. TRI-CITY REGIONAL HOTEL-MOTEL COMMISSION KENNEWICK •Nickolas Woody, SureStay Plus Hotel by Best Western Kennewick Tri-Cities •Mark Blotz, Clover Island Inn •Marie Mosley, Ex Officio, City of Kennewick PASCO •Monica Hammerberg, Hampton Inn & Suites Pasco/Tri-Cities •Jerry Beach, A-1 Hospitality •Adam Lincoln, Ex Officio, City of Pasco RICHLAND •Lacey Stephens, Home2 Suites by Hilton •Yesenia Galvez, Holiday Inn Richland on the River •Jon Amundson, Ex Officio, City of Richland Hotel Revenue up $161,436 Occupancy up 0.9% ADR up 28.6% from 2021 ADR up 7.4% from 2022 Tourism in the Tri-Cities generates employment opportunities, visitor expenditures, and tax revenues that positively impact the city and its residents. DIRECT SPENDING creates a positive economic cycle that begins as visitors bring money into the local economy from outside the area. Millions of dollars are infused into our communities directly through visitor spending. These dollars ignite a flame that fuels additional positive economic impacts. INDIRECT IMPACTS come from labor income, suppliers and support businesses, construction, engineering, and other professional services that support the hospitality industry. INDUCED IMPACTS are derived through employee spending, business output, new business development, and enhancements to the quality of life through development of visitor related attractions and services. TAX REVENUES from each of these revenue sources support local services and provide tax relief to residents. HOTELS: $123.8 million 24% increase from previous year TRANSPORTATION: $113.1 million 39% increase from previous year RECREATION: $88.0 million 19% increase from previous year RETAIL: $136.6 million 16% increase from previous year FOOD AND BEVERAGE: $134.2 million 15% increase from previous year VISITOR SPENDING BREAKDOWN Tourism Promotion Area $2,269,747 Marketing $1,093,959 Administration $538,678 40.1% 29.5% 19.8% 5.2 % 5.4% $3,221,440 Total Revenue 70.5% 22.7% City Contracts $731,680 Membership/Corporate $220,013 $2,726,488 Total Expenses Visitor Center $141,761 Membership $148,104 6.8% Convention/Sports Sales $803,986 3 4 Visitor Spending represented in this report reflect the economic impact of tourism in the Tri-Cities for the year of 2022. The economic impacts of tourism in our community for 2023 are not yet available. Percentage increase stated is based off of 2021 numbers. Source: Tourism Economics POLICE OFFICERS FIREFIGHTERS SCHOOLS & TEACHERS SMALL BUSINESSES PARKS ROAD WORK Visitor spending helps support local: Tourism saved each household $581 in annual taxes $594.7 million in economic impact Provides $74 million in state and local tax revenue Provides $59.8 million in local sales tax Employs 5,706 workers Annual Tourism Benefits to the Tri-Cities Pa g e 3 5 5 o f 3 8 5 EFFECTIVE MARKETINGSTRATEGIC SALES 156 Conventions, sports & group activities Down 2% from previous year 121,048 Visitors attracted Up 9% from previous year $26,774,874 Convention and sports spending to region Up 6.3% from previous year The sales department’s primary focus is to market to convention, sports, and group meeting planners through direct sales contacts, targeted marketing, and attending industry events. These activities mean “heads in beds” that generate significant tax revenues for our community. 2023 PROGRAM HIGHLIGHTS 2024 & BEYOND 121 Future conventions, meetings and sports events booked 140,765 Future visitors $49,464,202 Future visitor spending Trips Made: 4.7 million Days Spent: 9.9 million Unique Visitors 1.7 million HIGHLIGHTS Each year, Visit Tri-Cities creates and implements a comprehensive marketing strategy aimed at increasing brand recognition and attracting visitors to the Tri-Cities region. To ensure maximum reach among potential visitors, Visit Tri-Cities employs a range of effective tactics, including digital advertising, media relations, social media, and print. This multi-faceted approach allows for broad and diverse audience engagement, ultimately raising awareness of the Tri-Cities destination. 2023 HIGHLIGHTS •Launched 2023 Visitor Guide •Launched seven digital marketing campaigns •Achieved $100:$1 return on investments with Datafy digital ad campaigns •12% increase in social media followers through organic content since July 2023 •Created Destination Manifesto video •Created videos for Four Key Visitor Experience Categories •Refreshed marketing Brand Book & Style Guide to support messaging strategy •Directed rework of 2024 Visitor Guide to support messaging strategy •Incorporated HTML animated digital ads for dynamic content •Upgraded booth presence at Taste Washington Trade Show MEDIA OUTREACH 32,597 Facebook Followers 9% increase from previous year 14,443 Instagram Followers 20% increase from previous year 2,877 LinkedIn Followers 21% increase from previous year Hosted 12 successful FAM tours with 16 media representatives 56 Pieces of coverage 215K Views 27.4 million in audience reach VISITOR CENTER INQUIRIES Telephone calls 1,353 in 2022 In-person Visitors 760 in 2022 786 573 Tourism campaigns deployed in 2023 earned: •23,257,277 Impressions •105,543 Click throughs CAMPAIGN HIGHLIGHTS WEBSITE HIGHLIGHTS 829,097 Pageviews 54% Increase from previous year 312,709 Unique Visitors 13% Increase from previous year COMING IN 2024 Sales & Client Relationship Building •Hosted Spring Olympia Sales Blitz & Customer Appreciation Luncheon reaching 39 meeting planners •Conducted 18 appointments at the Fall Olympia Sales Blitz •Hosted hospitality sales training for hotel/venue partners •Hosted Sports Customer Appreciation Event in Portland •Attended seven industry related events to meet with meetings and sports planning professionals Secured Major Events •2024-2026 IRONMAN Triathlon •2024 & 2027 National Horseshoe Pitchers Association • World Championships •2024-2027 WIAA State Cross Country Championships •2024 Convention of Jehovah’s Witnesses – four weekends (July/August) •2025 International Cherry Symposium •2024-2027 Washington Association for Pupil Transportation Conference and Trade Show •2024 Washington Elementary Chess Championships •2023 Latino World Series (softball) – United States Specialty Sports Association •2024 US Tennis Association PNW Mixed 40 & Over and Mixed 55 & Over Section Championships5 6 *see back cover for more details Pa g e 3 5 6 o f 3 8 5 PROACTIVE COMMUNITY ENGAGEMENT COLLABORATIVE DESTINATION DEVELOPMENT Annual Meeting Showcase •Engaged the community in the launch of our new messaging strategy showcasing core visitor experience categories with new video assets and highlights from individuals in the community with more than 450 attendees Engagement Initiatives •Manhattan Project National Park and World War II Heritage •American WWII Heritage City Designation Campaign •Launched dedicated webpage showcasing community assets related to WWII, the Manhattan Project, and the Manhattan Project National Historical Park •Produced a WWII Heritage City window cling for local organizations and businesses to display •V TC support for Ride with a Ranger •Staff participated in Manhattan Project educational tour •Coordination of the Tri-Cities National Park Committee and related efforts •Chaired the Tri-Cities Legislative Council •Engaged with representatives to support community initiatives •Testified at Legislative Session on tourism initiatives •Community Collaboration •Annual and Mid-Year Reports to City Councils •Collaboration with communities and agencies on tourism development issues •Presentations for civic groups, Washington Roundtable CEO Tour, and others •Board representation: Tri-City Water Follies, Bike Tri-Cities, TRIDEC, Tri-City Regional Chamber of Commerce, Pasco Chamber of Commerce, Benton-Franklin Council of Governments, and WSDMO •Committee representation: Kennewick, Pasco, and Richland Lodging Tax Advisory Committees •Formed the Tri-Cities Strategic Alliance bringing together Visit Tri-Cities, TRIDEC, Tri-City Regional Chamber of Commerce, and Benton-Franklin Council of Governments to advance the region through collaborative initiatives that support the individual mission of each organization VISIT TRI-CITIES COUNCILS Tri-Cities Rivershore Enhancement Council Tri-Cities Sports Council Tri-Cities Wine Tourism Council Tri-Cities National Park Committee A subcommittee of the Tri-Cities Rivershore Enhancement Council (TREC), a program of Visit Tri-Cities, is collaborating with community members and various jurisdictions, including the Cities of Kennewick and Pasco, Ports of Kennewick and Pasco, Benton PUD, and Franklin PUD, to update the Cable Bridge lighting. An interlocal agreement has been drafted, serving as the initial step to initiate fundraising and discuss project funding. The updated lighting will feature a modern control system, allowing remote management, and will showcase the Tri-Cities community by illuminating the Cable Bridge with different color patterns. RIVER SHORE ENHANCEMENT PROJECTS Tri-Cities Rivershore Enhancement Council (TREC) Initatives •Hosted USACE Walla Walla District Commander for meeting and field tour with partnering jusidictions •Cable Bridge Lighting Subcommittee – finalized Interlocal Agreement for council/commissions review Tri-Cities National Park Committee Initiatives •Attended and presented at the Energy Community Alliance (ECA) MAPR Peer Exchange in Los Alamos, NM with site community leaders and representatives from the National Park Service (NPS) and Department of Energy (DOE) •Coordination of the Administrative Subcommittee •Developing a virtual strategy for B Reactor Tour shutdown (virtual tours) •Working with NPS, DOE, and ECA to establish a Friends of the Park Group that can support donations •Created Hanford/Tri-Cities community presentation for the ECA Peer Exchange HIGHLIGHTS Congratulations to the Tri-Cities Airport team who received the prestigious Kris Watkins Tourism Champion Award this year. The forward-looking leadership at the Airport continues to make it a significant contributor to our visitor economy through renovations, collaborations, and promotion of local arts and sports. Thanks to Washington River Protection Solutions for sponsoring this award. 2023 TOURISM CHAMPION AWARD Another huge shout out goes to Oatis Outdoor Adventure Rentals, recipient of the Annual Excellence in Service Award sponsored by Battelle. Oatis provides easy to access recreational opportunities in the area, and they do it with the genuine blend of helpful enthusiasm. Oatis is a perfect representation of the excellence in service visitors hope for in a destination. 2023 EXCELLENCE IN SERVICE AWARD Visit Tri-Cities, in partnership with the Tri-Cities National Park Committee and community partners, proudly celebrates the esteemed recognition of being designated as a National Park Service (NPS) American World War II Heritage City. This prestigious designation acknowledges the region’s significant historical contributions during this pivotal era. AMERICAN WWII HERITAGE CITY DESIGNATION HIGHLIGHTS 7 8 Pa g e 3 5 7 o f 3 8 5 VISIT TRI-CITIES GOVERNANCE INNOVATIVE & MEANINGFUL OPERATIONS Strategic Vision and Leadership •Strategic assessment to evaluate and enhance the organization’s focus and approach •Directed efforts on core strategies that boost visitation, enhance visitor experiences, and positively impact the Tri-Cities’ economy •Established a clear foundation for our messaging strategy that provides focus and consistency for long-term success •Prioritized and maintained existing programs, campaigns, and goals while working through significant staffing changes •Streamlined leadership and organizational structure •Refined contracts with service providers •Fully staffed and energized the VTC team Financial Strength •Maintained robust fiscal stability with significant reserve balances and year-end revenues expected to exceed budget by over $161,000 •Continued and built upon healthy relationships with key financial partners including City Councils, TPA Commissioners, and hotel partners Innovative Tools & Platforms •V TC Dashboard Creation: •Implementation of a comprehensive dashboard for efficient performance tracking •BrandFolder Integration: •Streamlining asset management and distribution for marketers and creatives •Sprout Social Utilization: •Harnessing the power of an all-in-one social media management platform for holistic marketing strategy enhancement •Meltwater Insights: •Leveraging Meltwater’s suite of solutions to uncover valuable insights and drive desired results •Asana Work Management: •Implementation of a web and mobile platform to help the team organize, track, and manage their work effectively Staff Honors •Destinations International: 30 Under 30 Award •Six Destination International PDM Certifications •Destinations International: Acceptance into to Certified Destination Marketing Executives (CDME) Program •Washington Society of Association Excellence: Associate of the Year •Chair:Corey Pearson, Three Rivers Campus •Past Chair:Rob Roxburgh, CPCCo •First Vice Chair:Buck Taft, Tri-Cities Airport/Port of Pasco •Vice Chair:Vijay Patel, A-1 Hospitality •Vice Chair:Staci West, Bechtel •Vice Chair:Amy Johnson, Purple Star Winery •Treasurer:Ron Hue •Legal Counsel:John Raschko, Miller Mertens & Comfort, P.L.L.C. •CPA:Monte Nail, CPA 2023 EXECUTIVE COMMITTEE VISIT TRI-CITIES STAFF •Kevin Lewis, President & CEO •Hector Cruz, Vice President of Development & Community Engagement •Gretchen Guerrero, Vice President of Finance & Operations •Julie Woodward, Vice President of Marketing & Creative Services •Austin Wingle, Marketing Manager, Advertising, Design & Creative Analysis •Corbin Harder, Marketing Manager, Website & Multi-Media •Lillian Martin, Media Relations Manager •Kirsten Finn, Convention Development Manager Team Lead •Natalie Clifton, Sports Development Manager •Michele York, Business Development Manager •Kaiya Bliss, Convention Development Manager •Reagan Thompson, Convention Development Manager •Linda Tedone, Sales Administrative Assistant •Samantha Galbraith, Operations Manager/Executive Assistant •Abby Hedges, Visitor Services Specialist •Councilmember Loren Anderson, City of Kennewick •Deborah Barnard, Barnard Griffin Winery •Jerry Beach, A-1 Hospitality •Troy Berglund, West Richland Chamber of Commerce •Mark Blotz, Clover Island Inn •Washington State Senator Matt Boehnke •Phinney Brown, Arts Center Task Force •Washington State Representative April Connors •Jennifer Cunnington, Q Home Loans •Karl Dye, TRIDEC •Councilmember David Fetto, City of West Richland •Robert Franklin, B-Reactor Museum Association •Colleen French, Department of Energy •Brisa Guajardo, Tri-Cities Hispanic Chamber of Commerce •Mike Hall, Ice Harbor Brewing Company •Monica Hammerberg, Hampton Inn + Suites Pasco •Colin Hastings, Pasco Chamber of Commerce •Sandra Haynes, WSU Tri-Cities •Trish Herron, Battelle •Commissioner Ken Hohenberg, Port of Kennewick •Diahann Howard, Port of Benton •Brian Lubanski, Ben Franklin Transit •Lori Mattson, Tri-City Regional Chamber of Commerce •David McClain, TC Black •Commissioner Will McKay, Benton County •Brent Miles, Tri-City Dust Devils •Commissioner Rocky Mullen, Franklin County •Dara Quinn, Emerald of Siam •Cliff Reynolds, Courtyard by Marriott Columbia Point •Mayor Pro Tem Theresa Richardson, City of Richland •Councilmember Zahra Roach, City of Pasco •Gus Sako, The Octopus’ Garden •Rosana Sharpe, The REACH Interpretive Center •Lacey Stephens, Home2Suites •Vivian Terrell, Honey Baked Hams Co. •Matt Watkins, Pasco Public Facilities District •Rebekah Woods, Columbia Basin College 2023 BOARD OF DIRECTORS OVERVIEW •Founded:1969 as non-profit organization •Staff:15 full-time employees •Structure:Governed by a 42 member Board of Directors •Members:412 •Website:VisitTri-Cities.com HIGHLIGHTS 9 10 Pa g e 3 5 8 o f 3 8 5 OUR MEMBERSHIPOUR MEMBERSHIP Visit Tri-Cities’ ability to attract visitors to our region is made possible by the investment and support of our member organizations. Visit Tri-Cities members and partners provide unique and inclusive opportunities that are of interest to travelers and help build a better quality of life for residents. Their dedicated, unwavering support is the foundation of our work. In turn, it is our duty, obligation, and pleasure to continue the promotion and celebration of our members and our dynamic community through tourism marketing, high quality publications, destination advertising, educational forums, creative digital content, and destination development. In 2023, Visit Tri-Cities’ membership total reached 412 tourism businesses. PLATINUM Ben Franklin Transit Benton County Benton PUD City of West Richland Energy Northwest Franklin County Franklin PUD Port of Benton Port of Kennewick Port of Pasco The HAPO Center GOLD Best Western Premier Pasco Inn & Suites Clover Island Inn Comfort Suites Kennewick at Southridge Courtyard by Marriott Richland Columbia Point Hilton Garden Inn Kennewick Holiday Inn Express & Suites Pasco Tri-Cities Holiday Inn Richland on the River Red Lion Hotel & Conference Center Pasco Red Lion Hotel Kennewick Columbia Center Richland Riverfront Collection by Ascend SpringHill Suites by Marriott Kennewick SILVER Baymont Inn & Suites Best Western Kennewick Tri-Cities Center Hotel Best Western Plus Kennewick Inn Comfort Inn Courtyard by Marriott Pasco Tri-Cities Airport Fairfield Inn Hampton Inn & Suites Pasco/Tri-Cities Hampton Inn Kennewick at Southridge Hampton Inn Richland Holiday Inn Express Hotel & Suites Richland Home2Suites by Hilton Homewood Suites by Hilton - Richland Kennewick Inn & Suites La Quinta Inn & Suites My Place Hotel-Pasco/Tri Cities, WA Red Lion Inn & Suites Kennewick Tri-Cities Sleep Inn Pasco Tri-Cities Super 8 Kennewick The Lodge at Columbia Point TownePlace Suites by Marriott Woodspring Suites Standard Membership 14 Hands Winery 3 Eyed Fish Kitchen + Wine Bar 3 Rivers Folklife Society 4 Whistles Winery A & A Motorcoach Above The Curve Vineyard Academy of Children’s Theatre Ace Jewelry & Loan Adventures Underground Airfield Estates AJ’s Edible Arts, Inc. Alaska Airlines Alexandria Nicole Cellars Alexandria Nicole Cellars Destiny Ridge Tasting Room Allied Arts Association - Gallery at the Park Anelare Winery Angel Brook Christmas Tree Jubilee Angel Brook Farm Market and Produce Stands - Kennewick Angel Brook Farm Market and Produce Stands - Richland Angel Brook Ice Cream Anthology Event Venue by Castle Event Catering Anthony’s at Columbia Point Arlene’s Flowers & Gifts Art on the Columbia Art Work Northwest Art YOUR Way Arts Center Task Force Aspen Limo Tours At Michele’s Atomic Ale Brewpub & Eatery Atomic Bowl & Jokers Lounge & Casino Atomic Escape Rooms Aub’s Bananza Bread Avennia Red Mountain Tasting Room AXE KPR Axe Throwing Azteca B Reactor Museum Association (BRMA) Badger Mountain Vineyard/Powers Winery Barnard Griffin Winery Bartholomew Winery Baum’s Bella Italia Restaurant Bennett Rentals Benton County Fairgrounds Bergan’s Timeless Treasures Bergstrom Aircraft, Inc. Bingo Boulevard Black Heron Spirits, LLC Blankslate Blossom Cups & Cakes, LLC Bob’s Burgers and Brew - Kennewick Bob’s Burgers and Brew - Richland Boiada Brazilian Grill Bombing Range Brewing Company Bon Cafe Co Bougie Brunch Brady’s Brats Brewminatti Brick House Pizza Bristle Art Gallery Brother’s Cheese Steaks Budd’s Broiler by Anthony’s Restaurants Buds and Blossoms too Burger Ranch Burger Ranch - Pasco Canyon Lakes Golf Course Catering to You CBC Arts Center Cedars at Pier 1 CG Public House & Catering Chandler Reach Vineyards Chapala Express Cherry Chalet Bed & Breakfast ECONOMIC DEVELOPMENT PARTNERS City of Kennewick City of Pasco City of Richland Tri-City Regional Hotel Motel Commission DIAMOND Battelle Bechtel National Central Plateau Cleanup Company Hanford Mission Integration Solutions Toyota Center Three Rivers Convention Center Washington River Protection Solutions Garden Hot Pot Gesa Carousel of Dreams Glass Studio at Barnard Griffin Winery Goose Ridge Estate Vineyard & Winery Gordon Estate Winery GRAZE - ‘a place to eat’ Great Harvest Bread Company Kennewick Greenies Griggs Ace Hardware Ground Support Coffee Guadalajara Style Mexican Food LLC Hamilton Cellars Havana Café Hedges Family Estate Hightower Cellars HoneyBaked Ham Café HOOKED SEAFOOD BOIL & BAR Hope Outfitters Hops n Drops Hops n Drops - Kennewick Horn Rapids Golf Course Horn Rapids RV Resort & Mini Mart Hot Tamales, LLC How Sweet It Is Ice Harbor Brewing Co. Ice Harbor Brewing Company at the Marina Iconic Brewing IHOP Restaurants Indaba Coffee InterMountain Alpine Club iplay Experience It’s All in the Details J&S Dreamland Express J. Bookwalter Just Juice LLC KayakBateman.com Kickstand Tours Kindred Spirits Kiona Vineyards and Winery Kitzke Cellars La Bella Vita Kitchen and Bar Lakeside Gem and Mineral Club Layered Cake Artistry Lemon Grass LIGO Hanford Observatory Longship Cellars Love Curry Indian Cuisine Lower Columbia Basin Audubon Society LU LU Craft Bar + Kitchen Lucky Flowers Magills Restaurant & Catering Market Vineyards Martinez & Martinez Winery Masala Indian Cuisine Master Gardener Foundation of Benton-Franklin County McDonald’s Restaurants Mercer Wine Estates Mid-Columbia Ballet Mid-Columbia Libraries Mid-Columbia Mastersingers Mid-Columbia Musical Theatre Mid-Columbia Symphony Middleton Farms Milbrandt Vineyards/Ryan Patrick Wines MillerTime Fishing Miss Tamale Mocha Express on Canal Mocha Express TriCities Modern Medical Spa Monarcha Winery Moniker Bar Monterosso’s Italian Restaurant Moonshot Brewing Moonshot Brewing Pub at the Park Muret-Gaston Winery National Charter Bus Richland Nothing Bundt Cake Nouveau Day Spa OATIS Outdoor Adventure Rentals Octopus’ Garden OH SUSHI Opportunity Kitchen - Federal Building Opportunity Kitchen - Public Market at CRW Pacific Shorz Powersports Pasco Aviation Museum Pasco Golfland Pasco Specialty Kitchen Peacock Coffee Roasting Co Pedego Electric Bikes Tri-Cities Perfect Circle Brewing Philocaly Lingerie Boutique Picante Mexican Taqueria Polka Dot Pottery Popcorn Northwest Porter’s Real BBQ Kennewick Porter’s Real BBQ Pasco Porter’s Real BBQ Richland Poutine, Eh? Power Up Arcade Bar Preszler’s Guide Service, LLC Price 4 Limo Proof Gastropub Public Market at Columbia River Warehouse (CRW) Purple Star Wines Ranch & Home Rattlesnake Mountain Harley - Davidson REACH Museum Reborn Bike Shop Red Dot Paintball Red Lobster Red Mountain AVA Alliance Red Mountain Event Center Red Mountain Trails Red Mountain Trails Winery Restaurante El Chapala Rewster’s Craft Bar & Grill - Horn Rapids Golf Course Richland Players RideNow Powersports Tri-Cities Roads2 Travel Company Rocco’s Pizza Kennewick Rocco’s Pizza Pasco Rock Shop Rollarena Skating Center Rolling Hills Chorus ROMA House Roscoe’s Coffee Round Table Pizza - Kennewick Chic & Unique Furniture Kennewick Chic & Unique Furniture Richland Chuck E. Cheese Chukar Cherries Cigar Savvy Shop, LLC Clover Island Marina Col Solare Winery Columbia Basin BMX Columbia Basin College Columbia Basin Racquet Club Columbia Center Columbia Crest Winery Columbia Park Golf Tri-Plex Columbia Point Golf Course Columbia Sun RV Resort Community Concerts of the Tri-Cities Convergence Zone Cellars Copper Top Tap House Cora’s E-bike Shop Cougar Cave Expresso Country Mercantile Country Mercantile - Pasco Coyote Bob’s Roadhouse Casino Coyote Canyon Mammoth Site Coyote Canyon Winery Crazy Moose Casino Cupcakes Bakery & Deli D’s Wicked Cider D-Bat Columbia Basin Del Sol Lavender Farm DermaCare Desert Food Mart (Conoco) Desert Wind Winery Divots Golf Dog Haus Biergarten - Pasco Don Rubio’s Dovetail Joint Restaurant DownUnderSportFishing DrewBoy Creative Earth Spirit Shop East Benton County Historical Society & Museum Eastern Washington Transportation Elk Haven Winery Emerald of Siam Thai Restaurant & Lounge Encanto Arts Europa Italian & Spanish Cuisine Events at Sunset Experience 46 Degrees Farmhand Winery Fast and Curryous Fat Olives Restaurant & Catering Fidélitas Wines Five Guys Burgers & Fries Float Euphoria Foodies Kennewick Foodies on the Go Foodies Richland Franklin County Historical Society & Museum Franklin County RV Park Fresh Leaf Co FreshPicks WA Smoothies Frichette Winery Friends of Sacajawea State Park Frost Me Sweet Bakery & Bistro Fujiyama Japanese Steak House & Bar11 12 Pa g e 3 5 9 o f 3 8 5 OUR SPONSORSOUR MEMBERSHIP Round Table Pizza - Leslie Round Table Pizza - Pasco Round Table Pizza - Richland Runners of the Sage Sacajawea State Park Sage Brewing Company Sageland Center Salud Bar and Kitchen Sandollar Farms & Alpacas Sandy’s Fabrics & Machines Seoul Fusion Korean Restaurant Shade Cafe Sheep’s Clothing Shelby’s Floral & Gifts Simplified Celebrations Skippers Seafood n’ Chowder Sleeping Dog Wines Soi 705 Solar Spirits Distillery Somer Mediterranean Food and Bakery LLC Southern Cross Winery Spare Time Lanes Spencer Carlson Furniture & Design Sporthaus Summer’s Hub of Kennewick Sun Willows Golf Course Sundance Aviation Sunken Treasures Games SunWest Sportswear SuperMex El Pueblo Market Swadee Thai Cuisine Swampy’s BBQ Sauce & Catering Swigg Coffee Bar Tagaris Winery Take a Break Tri-Cities Tapteal Greenway TC Black TC Cider House Terra Blanca Winery & Estate Vineyard The Bradley The Bubbly Boba The Crazy Crab Place The Educated Cigar, LLC The Endive Eatery The Garden TriCities The Grain Bin Flower Farm & Inn The Human Bean The Medusa Tap House The Moore Mansion The Olive Garden The Pub The Rude Mechanicals The Spa Traveler The Teal Box The Tinte Red Mountain Retreat Thurston Wolfe Winery Tip Pit BBQ Transient Coffee Company Trejo’s Mexican Restaurant Trejo’s Taco Factory Tri-Cities Newcomers Club Tri-Cities Tackle Tri-Cities Wine Society Tri-City Americans Hockey Tri-City Dust Devils Tri-City Tappers Tucannon Cellars Tulipe Lifestyle Shop Tumbleweeds Food Truck Tumbleweeds Mexican Flair Twigs Bistro & Martini Bar Twist Clothing Co. Uncle Sam’s Saloon Upchurch Vineyard Uptown Antique Market Urban Grounds LLC US Army Corp of Engineers VISTA Event Space Washington State University Tri-Cities Water2Wine Cruises Wautoma Springs West Richland Golf Course Wet Palette Uncork + Create Studio Wheelhouse Community Bike Shop White Bluffs Brewing White Bluffs Quilt Museum Wine Social Wingstop Pasco Wisdom Books LLC WIT Cellars Wright’s Desert Gold Motel & RV Park Xenophile Books X-Golf Kennewick Z Place Salon & Spa Zintel Creek Golf Club Zintel Creek Golf Club Restaurant and Lounge Zullee Mediterranean Grill Richland The Media Outreach Sponsorship is paramount to the success of Visit Tri-Cities’ mission of driving visitor spending. The funds secured through the media relations sponsorship allows our organization to work in unison with outside public relations firms to bring in travel writers, national news organizations, and provides the national media attention our great community deserves. Additionally, the sponsorship complements other marketing endeavors such as social media, digital, OTT, television, and print ads. In doing so, we bring value to our partners and community members while creating a positive image of our community for local employers recruiting efforts and employee retention. HANFORD MISSION INTEGRATION SOLUTIONS The Tri-Cities Rivershore Enhancement Council (TREC) is a multi-jurisdictional program, coordinated by Visit Tri-Cities, which is helping the community rediscover its river shores and is working to emphasize restoration, development, and enhancement activities. The investment made by Bechtel ensures that the work being done by TREC’s committees, the Strategic Committee and the Technical Committee, will continue. Contributions made, have a direct impact on the Rivershore Enhancement Council through the creation of the Rivershore Master Plan. These efforts continue to improve river shore experiences for all to enjoy. BECHTEL Washington River Protection Solutions is the Annual Meeting and Kris Watkins Tourism Champion Award Sponsor. This sponsorship supports the communication of the Visit Tri-Cities mission with its VTC membership, VTC Board of Directors, and stakeholders; including presentations to city council members and elected officials. WASHINGTON RIVER PROTECTION SOLUTIONS Battelle is our Excellence in Service Award/Eco-Tourism Sponsor. This partnership is a vehicle for encouraging visitation and enjoyment of our outdoor recreational opportunities. Battelle also extends its support to the Excellence in Service Award, chairing the committee and overseeing the evaluation process. Battelle has made additional spotlights possible through the “Tri-Cities Business Spotlight” campaign. The Excellence in Service Award is presented by Battelle at the Visit Tri-Cities Annual Meeting. BATTELLE The Quality-of-Life Sponsorship drives the success of the Visit Tri-Cities mission in developing programs, products, and activities that impact “the overall economic vitality of our communities and the quality of life for our citizens.” This sponsorship provides an avenue to place in-market advertising, promoting the quality of life to local residents, those considering relocation, and visitors staying in the area. The funds secured through the Quality-of-Life Sponsorship allows our organization to market effectively in-region, highlight local tourism businesses, encourage the community to engage with local events and businesses, and inspire our local community members to bring their friends and family to the Tri-Cities; in turn positively impacting our local economy. CENTRAL PLATEAU CLEANUP COMPANY The Three Rivers Campus is the Convention and Meeting Program Sponsor. A pivotal hub for economic development in our community. The convention facilities are more than just event spaces, they are the engines that drive economic development. The sponsorship of the Three Rivers Campus directly contributes to the community’s ability to host diverse and impactful events, creating a positive ripple effect throughout the community. The Three Rivers Campus creates opportunities for locals to engage, learn, and network. It is an investment in the economic and social fabric of our community. THREE RIVERS CONVENTION CENTER, TOYOTA CENTER & TOYOTA ARENA 13 14 Pa g e 3 6 0 o f 3 8 5 7130 W. Grandridge Blvd., Ste. B Kennewick, WA 99336 509.735.8486 I 800.254.5824 VisitTri-Cities.com NEWLY SECURED SIGNATURE EVENTS FOR 2024 Visit Tri-Cities inked the deal to host the IRONMAN 70.3 Washington Tri-Cities race for the upcoming three years. This exciting event will be staged at Columbia Point in Richland, bringing together 2,500 athletes, 7,500 visitors, 2,000 volunteers, and numerous agencies. The collaboration aims to produce one of world’s most recognized and embraced endurance events. Visit Tri-Cities won the bid to host the World Horseshoe Pitching Championships in both 2024 and 2027. Each world championship event will bring nearly 2,500 people to the area over a two-week period as pitchers compete for the world title. Each world championship event will generate nearly $1 million in economic impact to the area as well as 1,000 participants will come to the Tri-Cities to compete for the world title. Another successful bid Visit Tri-Cities landed is the 2024 Washington Society of Association Excellence (WSAE) Annual Conference. WSAE is a representative body for over 225 association executives, staff specialists, and industry partners. By hosting the 2024 Annual Conference in the Tri-Cities, Visit Tri-Cities has a valuable opportunity to present the region as a top-tier destination to influential members of the association and event planning community. These individuals are often well-connected, long-standing acquaintances who strive to provide their members with the finest education and experiences that Washington has to offer, and the Tri-Cities perfectly aligns with their objectives. For more information and updates on the IRONMAN 70.3 and the NHPA World Horseshoe Pitching Championships in Tri-Cities, please check out VisitTri-Cities.com Page 361 of 385 Visit Tri-Cities 2024 Lodging Tax Annual Budget REVENUE 3050 City of Kennewick 284,375 3055 City of Pasco 182,412 3060 City of Richland 313,500 CITY TOTALS 780,287$ EXPENSES 5010 Salaries 295,000$ 5012 401K 14,750$ 5015 Health Insurance 37,896$ 5030 Payroll Taxes 30,000$ 5035 Accounting 21,363$ 5050 Telephone 6,600$ 5060 Office Expenses 10,000$ 5070 Office Insurance 4,000$ 5080 Postage 1,700$ 5090 Equipment Upkeep 8,800$ 5092 Vehicle Expense 1,700$ 5095 Capital Exp.8,000$ 5105 Legal/Professional 2,000$ 5110 Dues & Subscriptions 31,424$ 5112 Platform Fees 8,000$ 5115 Comp./Software Lic. Fee 6,000$ 5185 Visitor Center 2,000$ 5200 Tourism Development 44,000$ 5230 Staff Development/Training 4,000$ 5290 Advertising 237,054$ 5315 Travel / Expenses 6,000$ TOTAL EXPENSES 780,287$ Page 362 of 385 BUSINESS INFORMATION Business Name: TRI-CITIES VISITOR AND CONVENTION BUREAU UBI Number: 601 847 418 Business Type: WA NONPROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 7130 W GRANDRIDGE BLVD, SUITE B, KENNEWICK, WA, 99336-7725, UNITED STATES Principal Office Mailing Address: 7130 W GRANDRIDGE BLVD, SUITE B, KENNEWICK, WA, 99336-7725, UNITED STATES Expiration Date: 02/28/2025 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 02/14/1962 Period of Duration: PERPETUAL Inactive Date: Nature of Business: TO ATTRACT VISITORS AND CONVENTIONS TO THE TRI-CITIES AREA Charitable Corporation: Nonprofit EIN: 91-0859630 Most Recent Gross Revenue is less than $500,000: Has Members: Public Benefit Designation: Host Home: REGISTERED AGENT INFORMATION Registered Agent Name: MONTE NAIL Street Address: 1880 FOWLER ST, RICHLAND, WA, 99352-4810, UNITED STATES Mailing Address: 1880 FOWLER ST, RICHLAND, WA, 99352-4810, UNITED STATES 8/27/24, 2:46 PM Corporations and Charities System https://ccfs.sos.wa.gov/?_gl=1*1brmvig*_ga*MTk2Mjc2Nzg1Ny4xNzE3NDMxNjk5*_ga_7B08VE04WV*MTcyNDc5NDg4NC4xLjEuMTcyNDc5NTE2Mi4…1/2Page 363 of 385 GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL RON HUE GOVERNOR INDIVIDUAL JENNIFER CUNNINGTON 8/27/24, 2:46 PM Corporations and Charities System https://ccfs.sos.wa.gov/?_gl=1*1brmvig*_ga*MTk2Mjc2Nzg1Ny4xNzE3NDMxNjk5*_ga_7B08VE04WV*MTcyNDc5NDg4NC4xLjEuMTcyNDc5NTE2Mi4…2/2Page 364 of 385 HIGH) ,1 7 i:, 4 Phone:Email Address:509-460—3966 ch riswagar@timemagicstudios.com Federal Tax ID Number:92-2990528 Organization/Agency Name:Time Magic Studios,LL Application for 2025 Pasco Lodging Tax Funds 20,000AmountofLodgingTaxRequested:$ Type:Non—Profit For-Profit Public A enc 'I f d '':me o PrOpose use/Acmty Creation of Video and Photography Marketing Sequence for SCOpeof Work Time Magic Studios will produce a video marketing series and capture evergreen (Will be photography covering all major events in the City of Pasco,along with key tournaments included in at the soccer and softball facilities. Contract): Our aim is to create Inna-lastinn assets that will enhance tourism for these events for Funding Outline: Mailing Address:State:4928 8.Benton Place City:Kennewick WA Zip:99337 Requested Pasco Lodging Tax Funds:20,000 TOTAL BUDGET:520,000 TOTAL $20,000 Please attached the following (if applicable)to your application: 0 If your agency is a non—profita copy of your agency’s current non-profit corporate registration with the Washington Secretary of State. 0 Brochures or other information about your event/activity/facility,in particular items showing recent tourism promotion efforts.(Optional) Non-Pasco Lod in Tax Sources:USES0f Pasco LOd in Tax:Amount: Tourism Marketing 20,000 Event/FestivalMarketing/Operation Tourism Facility Operation Amount: “ma“Name and WE Christopher Wagar,Co-Founder Page 365 of 385 SqTheStateofWashinonreuiresanestimateforthefollowin.,uestions below: Direct Count:Actual count of visitors using methods such as paid admissions or registrations,clicker counts at entry points,vehicle counts or number of chairs ?lled.A direct count may also include information collected directly from businesses,such as hotels,restaurants or tour guides,likely to be affected by an event. Indirect Count:Estimate based on information related to the number of visitors such as raffle tickets sold,redeemed discount certificates,brochures handed out,police requirements for crowd control or visual estimates. Re resentative Surve :Information collected directly from individual visitors/participants.A representative survey is a highly structured data collection tool,based on a de?ned random sample of participants,and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Surve :Information collected directly from individual visitors or participants in a non—random manner that is not representative of all visitors or participants.Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate:Estimate produced by computing known information related to the event or location.For example,one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). What method was used to As adirect result of your proposed tourism-related serwce,provrde an determine attendance in previous estimate of:years? a.Overall Attendance 15%to 25%Direct Count Enter the total number of people predicted to P d,t d increasefrom " Indirect Count ...re IC e 2 ' attend this actrvrty and select the method used to Straggigera Eig?zrgztrc’:survey -vdeterminetheattendance.levels Ill Structured Estimate b.Attendance,50+Miles 15%to 25%Direct Count Number of people predicted to travel more than Predicted-3:323:2333"Indirect Count 50 miles to attend this activity and select the attendance levels Representative SUFVéY .of people traveling Informal Surveymethodusedtodeterminetheattendance.from 50+miles I Structured Estimate c.Attendance,Out of State,Out of Country 3%increasefrom Direct Count Of the total listed in "b"above,number of people 23:13:69levels Indirect Count predicted to travel from another state and country Pred'de":of people traveling Representative Survey and select the method used to determine the g?tgiz?i?isndInformal Survey attendance.'Structured Estimate d.Attendance,Paid for Overnight Lodging 10%increase in Direct Count Enter the number of predicted to attend this activity ..attendance paid '"d'mt CWT" d f .ht |d .d |h th d PFEd'Cted-for overnight Representative Survey an pay or ovelrnig o ging an se ect t e me o lodging Informal Survey used to determine the attendance..Structured Estimate e.Attendance,Did Not Pay for Overnight Lodging 90%increase IBIS?“i‘é‘mtt-...attendance n Irec oun Enterthe numberofpredictedtoattendthis actIVIty Predicted:levels that do'not Representative Survey Without paying for overnight lodging and select the pay forovernight Informa|5uwey method used to determine the attendance.IOdQ'ng‘ I Structured Estimate f.Paid Lodging Nights ., Dire“Count Predicted.Indirect CountEnterthenumberofpredictedpaidlodgingnightsand select the method used to determine the attendance. Lodging night =one or more persons in one room I Dependen Representative Survey Informal Survey Structured Estimate lam an authorized agent of the organization/agency applying for funding.I understand that: 0 Funds must be expended within the calendar year. 0 Allfunded requests will be monitored for progress and consistency with scope and time line as outlined. o All requests for reimbursement for approved costs shall be in writing and shall have supporting documentation to verify the expenditure of the funds included in request. Signature::36,5:3 a/NamelPrintEdII Christopher R.Wagar Date=8/30/24 Reporting requirements meeting state guidelines outlined in this application must be submitted with final request for reimbursement. Page 366 of 385 u l,Email:mc uadeL@ asco-wa.ov PROPOSED TIMELINE FOR 2024 (2025 BUDGET) Application Timeline August 1 Applications Available August 30 Applications Due by 5:00 pm. September TBD LTAC meeting to review and recommend allocations October TBD LTAC recommendations presented to City Council To be eligible for consideration,your complete proposal must be received via email onl by the deadline.The Committee will review proposals in a public meeting on a date to be determined.Meeting information will be posted on the City's website. Only electronic submissions are accepted: City of Pasco Lodging Tax Advisory Committee c/o Laurel McQuade,Marketing Strategist Phone:(509)975-9683 Application Deadline:Friday,August 30th by 5:00 pm. Page 367 of 385 City of Pasco Lodging Tax Fund Overview Pasco’s Lodging Tax Fund is the primary source of City funding for activities,operations,and expenditures designed to increase tourism.The City has multi-year commitments for the HAPO Center,Gesa Stadium and tourism promotion services;therefore,those applications have priority status for the use of funds. The Pasco City Council has created a Lodging Tax Advisory Committee to conduct an annual process to solicit and recommend Lodging Tax funded services for City Council consideration. Pasco Lodging Tax Advisory Committee Considerations In developing its recommendations,the Committee considers: o The estimated amount of Lodging Tax Fund available for the coming year as provided by the City’s Finance Office. 0 Thoroughness and completeness of the proposal. 0 Percent of the proposal request to the event/facility promotions budget and overall revenues. 0 Percent of increase over prior year Pasco Lodging Tax funded proposals,if any. 0 Projected economic impact within the City of Pasco,in particular projected overnight stays in Pasco lodging establishments. 0 The applicant's financial stability. 0 The applicant’s history of tourism promotion success. State Law Excerpts RCW 67.28.1816 —Use of Lodging Tax Fund. Lodging tax revenue under this chapter may be used,directly by any municipality or indirectly through a convention and visitors bureau or destination marketing organization for: Tourism marketing; .The marketing and operations of special events and festivals designed to attract tourists; c.Supporting the operations and capital expenditures of tourism—related facilities owned or operated by a municipality or a public facilities district created under chapters 35.57 and 36.100 RCW;or d.Supporting the operations of tourism—related facilities owned or operated by nonprofit organizations described under 26 U.S.C.Sec.501(c)(3)and 26 U.S.C.Sec.501(c)(6)or the internal revenue code of 1986,as amended. RCW 67.28.080 —De?nitions. 0 "Municipality"means any county,city or town of the state of Washington. 0 "Operation"includes,but is not limited to,operation,management,and marketing. 0 "Person"means the federal government or any agency thereof,the state or any agency,subdivision,taxing district or municipal corporation thereof other than county,city or town,any private corporation,partnership, association,or individual. 0 "Tourism"means economic activity resulting from tourists,which may include sales of overnight lodging, meals,tours,gifts,or souvenirs. -"Tourism promotion"means activities and expenditures designed to increase tourism,including but not limited to advertising,publicizing,or otherwise distributing information for the purpose of attracting and welcoming tourists;developing strategies to expand tourism;operating tourism promotion agencies;and'funding marketing of special events and festivals designed to attract tourists. o "Tourism-related facility"means real or tangible personal property with a usable life of three or more years,or constructed with volunteer labor,and used to support tourism,performing arts,or to accommodate tourist activities. 0 "Tourist"means a person who travels from a place of residence to a different town,city,county,state,or country,for purposes of business,pleasure,recreation,education,arts,heritage,or culture. General Information Page 368 of 385 We create powerful visual assets that will help you grow your organization. Commercial Photography | Video Production | Copywriting OMWBE Certified Firm: M5F0029180 Lodging Tax Application This application was submitted on August 30, 2024. Client Name: City of Pasco Project: Major Event and Sporting Tournaments | Tourism Marketing Series Page 369 of 385 2 | Page Contents Project Overview ........................................................................................................................................ 3 Package Details .......................................................................................................................................... 4 Our Portfolio .............................................................................................................................................. 5 Vendor Information .................................................................................................................................. 7 Team: Founders Biographies .................................................................................................................... 8 Page 370 of 385 3 | Page Project Overview We are excited to submit this Lodging Tax Application to create a major event video marketing and photography series for the City of Pasco. We are the in the process of completing a video marketing series on Downtown Pasco. Now, we want to widen out the scope to include all major events with an additional focus on major sporting tournaments that use Pasco facilities. The goals include: • Developing a versatile collection of stock photography and video footage that Pasco can use across various marketing initiatives and campaigns. • Creating compelling video reels that highlight the vibrant events happening throughout the City. • Showcasing Pasco's ability to host major events through a powerful brand video, serving as the cornerstone of your marketing strategy to boost tourism revenue in the city. In this proposal, we describe the following: • Package Details: A customized package of creative assets designed to achieve the goals mentioned above • Portfolio: An overview of our studio’s work, offering insight into the talent and creativity of our team. • Founder Biographies: Background information on our founders, highlighting their key experience and expertise. Who we are Time Magic Studios is a Women and Latine-owned firm based in the Tri-Cities. We serve government and non-profit organizations around the Pacific Northwest. We specialize in creating story-driven visual assets that make a lasting impact. Page 371 of 385 4 | Page Package Details EventCine Plus The event tourism package is designed to excite your audience and drive visitors to major Pasco events for years to come. The features of this package include: • 1, 120-to-150 second Pasco events brand video that showcases the major events in an engaging and dynamic way using event participant testimonials. • 6, short-form videos, each 45 to 60 seconds long, recapping the highlights of each major event in its own standalone video. • 50 stock video clips (each at least 5 seconds long) that can be used as b-roll for social media reels, website videos, and television ads. • 300 professionally composed and edited photographs. • Lifetime license for all stock video clips and photos, allowing unlimited modifications and usage without additional cinematographer or photographer fees. The events to be covered in this package include: • Fiery Foods Festival • All Senior and CommUNITY Picnic • Lampson Cable Bridge Run (captured December 2025 - deliverables provided in January 2026) • Grand Old 4th of July Celebration • Cinco de Mayo • Pasco Farmers Market • Major Sports Tournaments using City of Pasco facilities (up to 3 major tournaments) • Smaller events as requested by the City (up to 5 smaller events) *Note: We would be happy to adapt the events to be covered to capture exactly what the city wants. Total cost: Invest in this package for $20,000 and let us help you increase excitement and attendance of major Pasco events for years to come. Page 372 of 385 5 | Page Our Portfolio The selected pieces from our portfolio illustrate our competencies in event media production and non-profit & government visual brand stories. First Piece Client Name: Central Washington Hispanic Chamber of Commerce (CWHCC) Project: Yakima Taco Fest In-Brief: Yakima Taco Fest is the premier event for the CWHCC. With thousands of visitors each year, the CWHCC requested an integrated video and photography marketing campaign for the 2024 event. The assets included: • One event recap video • One core event testimonial video • Three individual vendor story testimonial videos • One short-form reel • Vibrant photography The final asset is currently in post-production and will be an evergreen branding video for the Chamber. Click here: Link to Yakima Taco Fest project assets Second Piece Client Name: Yakima Valley Community Foundation, the Field Group and the Washington State Department of Health. Project: Fiesta de Salud In-Brief: Fiesta de Salud was a free health fair for the Spanish-speaking community in the Yakima Valley. It was organized by the Yakima Valley Community Foundation and 15 local organizations, and it was funded by the Washington State Department of Health. Instead of using stock pictures for future activities, the coalition wanted authentic imagery of their community. The end product was a content library of photos and videos with full license rights so that the coalition partners could continue to promote important health initiatives in a cost-effective manner. This portfolio included our award-winning American Advertising Federation film: Washington State Farm Workers. Click here: Link to Fiesta de Salud project assets Page 373 of 385 6 | Page Third Piece Client Name: City of Pasco Project: Integrated Tourism Marketing Series using Lodging Tax Funding In-Brief: The goals of this project are to create • a transformative brand video for Downtown Pasco • a versatile collection of stock photography and video footage that the city could leverage for diverse marketing campaigns • a fun set of short-form videos that could narrate the authentic story of Pasco The first asset we produced was on the Cinco de Mayo event. The rest of the series is in production. Click here: City of Pasco project assets Fourth Piece Client Name: Leadership Tri-Cities Project: Non-Profit Brand refresh In-Brief: Leadership Tri-Cities (LTC) is the top leadership development program in the Tri-Cities, with over 600+ alumni driving positive change in the community. We created a brand and event video series, along with a full content-library of stock videography and photography to help tell the story of this legacy non-profit. Click here: Leadership Tri-Cities project assets Fifth Piece Client Name: Home Builders Association – Tri-Cities Project: Parade of Homes – Event Tourism Integrated Marketing Campaign In-Brief: The Home Builders Association of the Tri-Cities, a grassroots lobbyist organization that helps residential construction companies develop reliable and affordable homes, wanted to create an ad and marketing campaign that would increase ticket sales for their Parade of Homes event and drive brand awareness. Click here: Home Builders Association – Tri-Cities project assets Page 374 of 385 7 | Page Vendor Information Company Information • Company Name: Time Magic Studios LLC • Company Address: 4928 S. Benton Place, Kennewick, WA 99337 • Company Phone: 509-460-3966 • OMWBE Certification Number: M5F0029180 • Registered Vendor Number: SWV0300625 Key Personnel Experience • Esteban Barrientes | Chief Creative Director | 6 years of experience • Yaritza Barrientes | Senior Lead Photographer | 6 years • Chris Wagar | Senior Producer | 12 years • Ob Cruz Team | Senior Lead Photographer and Assistant Photographer | Sub-Contractor | 15 years • Terrence Anderson | Assistant Photographer | 3 years Approach Our approach is to create visual assets that show our subjects in an authentic and inclusive way. We incorporate dynamic images to evoke the message our clients wish to convey. Page 375 of 385 8 | Page Team: Founders Biographies Esteban Barrientes Jr. Esteban Barrientes Jr. is a Co-Founder and Chief Creative Director of Time Magic Studios. He is an award-winning filmmaker, having recently won the AAF best-in-show award for his short film titled: Washington State Farmworkers. His love of photography and film started at an early age, and he has been perfecting his skill set in photography, cinematography, lighting, set design, and video editing for the last seven years. Filmmaking is also in his family. His uncle, Max Barsana, recently won an Oscar and Golden Globe award for his work with ShadowMachine on the Guilemoro del Toro-directed film Pinocchio. Esteban hopes to follow in his uncle’s footsteps in creating impactful stories for organizations in the Pacific Northwest. Esteban is of Indigenous, Filipino and Latino heritage – and his family is a part of the Tlingit tribe in Alaska. His background drives him to create videos that center historically marginalized and underserved people as the protagonist of their stories. Yaritza Marie Barrientes Yaritza Marie Barrientes is a Co-Founder, Head of Photography, and resident Social Media guru at Time Magic Studios. Yaritza first started in wedding and event photography in the Yakima Valley as an understudy for the top wedding photographer in the region – Ob Cruz. She focuses on connecting with her subjects, and capturing their emotion and authentic personality using flattering light and composition. Yaritza is of Mexican heritage, and speaks Spanish and English fluently. Page 376 of 385 9 | Page Christopher Wagar Chris Wagar is a Co-Founder, Senior Producer and Head Scriptwriter for Time Magic Studios. He is a natural storyteller, and loves using visual elements as a medium to craft compelling stories for a cause. He first saw the power of film's ability to deliver on organizational objectives and increase funding while serving as a United States Peace Corps volunteer in St. Lucia. During his service, he wrote and produced a documentary video that showcased the Caribbean Youth Empowerment Project – a project that helped underserved youth aged 17-25 gain the life skills and technical knowledge they needed to thrive in their career. This video was key in helping the program earn a grant of $500,000. Chris is also an Associate Professor at Columbia Basin College with expertise in Adult Education and Instructional Design. He has further competencies in market research, scriptwriting, copywriting, grant writing, and multi-media curriculum design. Finally, he strongly supports local non-profit organizations and the arts, serves on the board of Leadership Tri-Cities as the Director of Communications, and is a former board member for the Academy of Children's Theater. Orialys Curnaux Lemes Orialys Curnaux Lemes is a Co-Founder and Chief Financial Officer of Time Magic Studios. Orialys is passionate about telling the story of entrepreneurs and thought-leaders – she has a particular soft-spot for immigrant and female entrepreneurs, as she immigrated from Cuba 10 years ago with the dream of starting her own business in America. She has a Bachelors in Economics from the Universidad de Oriente in Cuba, and an Associates in Accounting from Columbia Basin College. Orialys is fluent in Spanish and English. Page 377 of 385 Pasco Application for 2025 Pasco Lodging Tax Funds Amount of Lodging Tax Requested: " 365000 Organization/Agency Name: Pasco Cha mber of Co m merce Type: [i Non-Profit€ For-Profit [1 Public Agency FederalTaxlDNumber: 91_0375775 Con'ac' Name and T"'e: Colin Hastings, Executive Director Phone: 509-547-9755 Ema" Address: admin@pascochamber.org Ma"'ng Address: 1110 0sprey Pointe Boulevard, Suite 101 a'y: Pasco Sfa[e:wq 'a" 99301 T"'e of Proposed Use/Ac""y: Advertising for events and festivals the chamber produces. A n Scope of WOrk Advertising for events and festivals the chamber produces. Also will cover visitor and (Will be relocation services. The events that create visitor traffic and over-night stays include included in the Mid-Columbia Ag Hall of Fame, CrawFest and RiverFest. Contract): Funding Outline: Non-Pasco Lodging Tax Sources:Amount: Uses of Pasco Lodging Tax:Amount: Private Industries and final 342,933 Tourism Marketing 25,266 Event/Festival Marketing/Operation j45,28 j Tourism Facility Operation 240,382 RequestedPascoLodgingTaxFunds: 36iOoo TOTAL BUDGET: S378,933 TOTAL S 410,929 If your agency is a non-profit a copy of your agency's current non-profit corporate registration with the Washington Secretary of State. Brochures or other information about your event/activity/facility, in particular items showing recent tourism promotion efforts. (Optional) Page 378 of 385 The State of Washington requires an estimate for the following questions below: Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as hotels, restaurants or tour guides, likely to be affected by an event. Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount certificates, brochures handed out, police requirements for crowd control or visual estimates. Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a highly structured data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). As a direct result of your proposed tourism-related service, provide an estimate of: What method was used to determine attendance in previous yea rs? a. Overall Attendance Enter the total number of people predicted to attend this activity and select the method used to determine the attendance. 6,910 Predicted : [ Direct Count z Indirect Count € Representative Survey € Informal Survey € Structured Estimate b. Attendance, 50+ Miles Number of people predicted to travel more than 50 miles to attend this activity and select the method used to determine the attendance. 1407 Predicted : € Direct Count € Indirect Count W Representative Survey € Informal Survey € Structured Estimate c. Attendance, Out of State, Out of Country Of the total listed in "b" above, number of people predicted to travel from another state and country and select the method used to determine the attendance. 547 Predicted: € Direct Count € Indired Count u Representative Survey € Informal Survey € Structured Estimate d. Attendance, Paid for Overnight Lodging Enter the number of predicted to attend this activity and pay for overnight lodging and select the method used to determine the attendance. 196 Predicted : € Direct Count € Indirect Count € Representative Survey € Informal Survey [il Structured Estimate e. Attendance, Did Not Pay for Overnight Lodging Enter the number of predicted to attend this activity without paying for overnight lodging and select the method used to determine the attendance. 1164 Predicted: € Direct Count € Indirect Count € Representative Survey € Informal Survey [' Structured Estimate f. Paid Lodging Nights Enter the number of predicted paid lodging nights and select the method used to determine the attendance. Lodging night = one or more persons in one room Predicted: 294 € Direct Count € Indirect Count € Representative Survey € Informal Survey B Structured Estimate I am an authorized agent of the organization/agency applying for funding. I understand that: Funds must be expended within the calendar year. Reporting requirements meeting state guidelines outlined in this application must be submitted with final request for reimbursement. All funded requests will be monitored for progress and consistency with scope and time line as outlined. All requests for reimbursement for approved costs shall be in writing and shall have supporting slgnatduorceume,nff,penditure of the fundNsainmcleud(Perdlnitnedre)questC. ol0in Hast0ings Date:8/1 4/24 Page 379 of 385 Pasco ‘ Federal Tax ID Number:23-7027191 Or anization A enc Name:....TYPE!'Non-Profitg/g y Franklm County Hustorlcal Socnety For_Pro?t PublicA enc Application for 2025 Pasco Lodging Tax Funds 8,498AmountofLodgingTaxRequested:$ State:Wa Zip:99301 Phone:EmailAddress:(509)547—3714 admin@fchsmuseum.com 305 N 4th Ave.0“”PascoMailingAddress: T'tl fP dU At"t:._I W mpose 59/c M y Exhibit Creation and Artifact preservation Scope of Work Creating new exhibits is what helps us to bring in both new and regular visitors to the (Will be museum.We will be changing 2 exhibits for the 2025 year.This process will include included in buying the exhibit supplies,as well as the cost of printing information on to board for Contract):visitor education.We also have the responsibility of keeping the artifacts going on disnlav in (mod condition when thev are out in the nnen for Viewinn the sunnlies to Funding Outline: Non-Pasco Lod in Tax Sources:Amount:Uses of Pasco Lod in Tax:Amount: Other Grants $3,000 Tourism Marketing $2,148 Donations $5,000 Event/FestivalMarketing/Operation $1 ,350 $3,000 Tourism Facility Operation $5,000OperationsIncome Requested Pasco Lodging Tax Funds:$81498 TOTAL BUDGET:$19,498 TOTAL 5 8,498 Please attached the following (if applicable)to your application: o if your agency is a non—profita copy of your agency's current non-profit corporate registration with the Washington Secretary of State. 0 Brochures or other information about your event/activity/facility,in particular items showing recent tourism promotion efforts.(Optional) “ma“Name and ”'6‘Eleanor Neff,Executive Director Page 380 of 385 H Predicted: The State of Washin _,on re .,uires an estimate for the following ,,uestions below: Direct Count:Actual count of visitors using methods such as paid admissions or registrations,clicker counts at entry points,vehicle counts or number of chairs filled.A direct count may also include information collected directly from businesses,such as hotels,restaurants or tour guides,likely to be affected by an event. Indirect Count:Estimate based on information related to the number of visitors such as raffle tickets sold,redeemed discount certificates,brochures handed out,police requirements for crowd control or visual estimates. Re resentative Surve :Information collected directly from individual visitors/participants.A representative survey is a highly structured data collection tool,based on a defined random sample of participants,and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Surve :Information collected directly from individual visitors or participants in a non-random manner that is not representative of all visitors or participants.Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate:Estimate produced by computing known information related to the event or location.For example,one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). What method was used to Asadirect result of your proposed tourism-related serVIce,prowde an determine attendance in previous estimate of:years? a.Overall Attendance Direct Count239IndirectCountEnterthetotalnumberofpeoplepredictedto attend this activity and select the method used to Representative survey Informal Survey determine the attendance.Structured Estimate b.Attendance,50+Miles 63 Dired Count Number of people predicted to travel more than Predicted E Indirect Count 50 miles to attend this activity and select the 'Representative Survey method used to determine the attendance.'"f°'ma'5”“ij Structured Estimate c.Attendance,putofState,Out of Country 25 Direct Count Of the total listed In "b"above,number of people ..Indirect Count predicted to travel from another state and country P'Ed'Cted:Representative Survey and select the method used to determine the Informal Survey attendance.Structured Estimate d.Attendance,Paid for Overnight Lodging 20 Direct Count Enter the number of predicted to attend this activity ..ind'rECt C°”_”t..Predicted.Representative Survey and pay for overnight lodging and select the method Informal Survey used to determine the attendance.Structured Estimate e.Attendance,Did Not Pay for Overnight Lodging 10 Dire“C°”"t ....Indirect Count Enter the number of predicted to attend this actIVIty Predicted:Representative Survey without paying for overnight lodging and select the mformal Survey method used to determine the attendance.Structured Estimate f.Paid Lodging Nights Predicted_Dirédcount Enter the number of predicted paid lodging nights and Ind'ren Count23RepresentativeSurveyselectthemethodusedtodeterminetheattendance....Informal Survey Lodging night =one or more persons In one room Structured Estimate I am an authorized agent of the organization/agency applying for funding.I understand that: 0 Funds must be expended within the calendar year. 0 o Allfunded requests will be monitored for progress and consistency with scope and time line as outlined. o All requests for reimbursement for approved costs shall be in writing and shall have supporting documentation to verify the expenditure of the funds included in request. Signature:Wt M4,Name (Printed):E|eanor Neff Date=8/30/24 Reporting requirements meeting state guidelines outlined in this application must be submitted with final request for reimbursement. Page 381 of 385 L’Emallzmc uadeL@ asco-wa.ov PROPOSED TIMELINEFOR 2024 (2025 BUDGET) Application Timeline August 1 Applications Available August 30 Applications Due by 5:00 pm. September TBD LTAC meeting to review and recommend allocations October TBD LTAC recommendations presented to City Council To be eligible for consideration,your complete proposal must be received via email onl by the deadline.The Committee will review proposals in a public meeting on a date to be determined.Meeting information will be posted on the City's website. Only electronic submissions are accepted: City of Pasco Lodging Tax Advisory Committee c/o Laurel McQuade,Marketing Strategist Phone:(509)975-9683 Application Deadline:Friday,August 30th by 5:00 p.m. Page 382 of 385 City of Pasco Lodging Tax Fund Overview Pasco's Lodging Tax Fund is the primary source of City funding for activities,operations,and expenditures designed to increase tourism.The City has multi-year commitments for the HAPO Center,Gesa Stadium and tourism promotion services;therefore,those applications have priority status for the use of funds. The Pasco City Council has created a Lodging Tax Advisory Committee to conduct an annual process to solicit and recommend Lodging Tax funded services for City Council consideration. Pasco Lodging Tax Advisory Committee Considerations In developing its recommendations,the Committee considers: o The estimated amount of Lodging Tax Fund available for the coming year as provided by the City’s Finance Office. 0 Thoroughness and completeness of the proposal. 0 Percent of the proposal request to the event/facility promotions budget and overall revenues. 0 Percent of increase over prior year Pasco Lodging Tax funded proposals,if any. 0 Projected economic impact within the City of Pasco,in particular projected overnight stays in Pasco lodging establishments. 0 The applicant's financial stability. 0 The applicant’s history of tourism promotion success. State Law Excerpts RCW 67.28.1816 —Use of Lodging Tax Fund. Lodging tax revenue under this chapter may be used,directly by any municipality or indirectly through a convention and visitors bureau or destination marketing organization for: Tourism marketing; b.The marketing and operations of special events and festivals designed to attract tourists; c.Supporting the operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district created under chapters 35.57 and 36.100 RCW;or d.Supporting the operations of tourism-related facilities owned or operated by nonprofit organizations described under 26 U.S.C.Sec.501(c)(3)and 26 U.S.C.Sec.501(c)(6)or the internal revenue code of 1986,as amended. RCW 67.28.080 -De?nitions. 0 "Municipality"means any county,city or town of the state of Washington. 0 "Operation"includes,but is not limited to,operation,management,and marketing. 0 "Person"means the federal government or any agency thereof,the state or any agency,subdivision,taxing district or municipal corporation thereof other than county,city or town,any private corporation,partnership, association,or individual. 0 "Tourism"means economic activity resulting from tourists,which may include sales of overnight lodging, meals,tours,gifts,or souvenirs. 0 "Tourism promotion"means activities and expenditures designed to increase tourism,including but not limited to advertising,publicizing,or othenNise distributing information for the purpose of attracting and welcoming tourists;developing strategies to expand tourism;operating tourism promotion agencies;and funding marketing of special events and festivals designed to attract tourists. o "Tourism-related facility"means real or tangible personal property with a usable life of three or more years,or constructed with volunteer labor,and used to support tourism,performing arts,or to accommodate tourist activities. 0 "Tourist"means a person who travels from a place of residence to a different town,city,county,state,or country,for purposes of business,pleasure,recreation,education,arts,heritage,or culture. General Information Page 383 of 385 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 384 of 385 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 385 of 385