HomeMy WebLinkAbout2025.03.10 Council Workshop Packet
AGENDA
City Council Workshop Meeting
7:00 PM - Monday, March 10, 2025
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 1-332-249-0718 and use access
code 717 653 941#.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. VERBAL REPORTS FROM COUNCILMEMBERS
5. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC
COMMENT – the public may comment on each topic scheduled for
discussion, up to 2 minutes per person with a total of 8 minutes per item. If
opposing sides wish to speak, then both sides receive an equal amount of
time to speak or up to 4 minutes each side.
4 - 38 (a) Visit Tri-Cities 2024 Annual Report, 2025 Workplan, and Tourism
Promotion Area Reserve Fund Request (15 minutes staff
presentation)
Presentation by Kevin Lewis, President and CEO, Visit Tri-Cities
39 - 222 (b) Resolution - Change Order No. 3 for Wastewater Treatment Plant
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Phase 2A Construction Contract with Apollo (5 minutes staff
presentation)
223 - 268 (c) Resolution - Fourth Amended and Restated Interlocal Agreement
with Benton County Emergency Services (BCES) (7 minute staff
presentation)
269 - 280 (d) Resolution - Memorandum of Understanding between the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and
the City of Pasco (2 minutes staff presentation)
281 - 292 (e) Resolution - Memorandum of Understanding between the
Bureau of Alchohol, Tobacco, Firearms and Explosives (ATF)
and the City of Pasco for NIBIN Enforcement Support System
(NESS) (2 minutes staff presentation)
293 - 299 (f) Resolution - Memorandum of Understanding with the
Washington State Department of Commerce and the City of
Pasco for participation in the Domestic Violence High Risk Team
(DVHRT) (2 minutes staff presentation)
300 - 309 (g) Resolution - Letter of Agreement between the Geiger Institute
and the City of Pasco for Implementation of the Danger
Assessment for Law Enforcement (DA-LE) Model (2 minutes
staff presentation)
310 - 322 (h) Resolution - Service Agreement between Hanford Mission
Integration Solutions (HIMS) and the City of Pasco for use of the
Emergency Vehicle Operations Course (2 minutes staff
presentation)
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) (7 minutes)
8. ADJOURNMENT
9. ADDITIONAL NOTES
323 - 324 (a) Adopted Council Goals (Reference Only)
(b) This meeting is broadcast live on PSC-TV Channel 191 on
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Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
City Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por
favor avisa la Secretaria Municipal dos días antes para
garantizar la disponibilidad. (Spanish language interpreter
service may be provided upon request. Please provide two
business day's notice to the City Clerk to ensure availability.)
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AGENDA REPORT
FOR: City Council March 5, 2025
TO: Dave Zabell, Interim City Manager City Council Workshop
Meeting: 3/10/25
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: Tourism and Workplan, Report, 2025 2024 Tri-Cities Visit Annual
Promotion Area Reserve Fund Request (15 minutes staff presentation)
I. ATTACHMENT(S):
2024 Annual Report
TPA Reserve Funding Request Packet
2025 Work Plan
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation by Kevin Lewis, President and CEO, Visit Tri-Cities
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Mr. Lewis, President and CEO of Visit Tri-Cities will present an annual report
for the prior year, an outline of the current year work plan, as well as a request
for approval to spend from the Tourism Promotion Area (TPA) Reserve
Account.
The TPA was formed in late 2004 to boost hotel usage in the Tri-Cities; its
activities to be funded by special hotel industry assessment. The current
assessment is $3.00 per night. Washington State Department of Revenue
(DOR) collects the TPA fees monthly through an agreement with the City,
which is then transferred to Visit Tri-Cities for administration of the Regional
TPA.
The interlocal agreement (between Pasco, Kennewick and Richland) creating
the Regional TPA requires the annual budget, and any expenditures from the
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TPA reserve account, to first be approved by the City Councils of the three
cities.
V. DISCUSSION:
Tri-City Regional Hotel-Motel Commissioners whose members are appointed by
the City Councils to provide recommendations on the proposed use of Tourism
Promotion Area (TPA) funds. At its February 2025 meeting, the Hotel-Motel
Commissioners TPA from of $549,500 the approved unanimously transfer
reserve funds to be utilized for the projects specified in this packet and
incorporated in the Visit Tri-Cities 2025 Work Plan.
Research & Reporting Services $ 150,000
Short Term Rental Research Services $ 35,000
AI Tools/Subscriptions $ 6,000
Airport Kiosk Remodel $ 25,000
Group FAM Destination Visits $ 13,500
Increase Support for Signature Sports Events $ 100,000
Increase Quick Response Fund $ 20,000
SportsEvents Media Group Conference $ 100,000
State of Washington Tourism Conference $ 25,000
Project Support Services $ 75,000
Total: $ 549,500
The 2025 Workplan and the TPA reserve funding request will be placed on the
March 17, 2025, Council meeting agenda for consideration. Council may approve
the additional allocations of the reserve account or indicate changes necessary
to gain approval.
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ANNUAL REPORT
2024
VisitTri-Cities.com
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We are proud to be awarded accreditation from the prestigious
Destinations International.
A MESSAGE FROM THE PRESIDENT & CEO
AND THE CHAIR OF THE BOARD
Dear Tourism Partners,
2024 was a defining year for Visit Tri-Cities. Our dynamic
team helped spark community vitality and fuel growth by
collaborating with community leaders to host signature
events, drive record-breaking media coverage, and
strengthen partnerships across industries.
Among the most notable accomplishments was the
successful debut of the inaugural IRONMAN 70.3
Washington Tri-Cities, an event that showcased the heart
and spirit of our community to a global audience. With over
2,300 athletes, thousands of spectators, and an economic
impact of more than $7 million, the event earned a 93%
satisfaction rate from participants representing 45 states
and 20 countries. With a prestigious Net Promoter Score
of 80, which is 28 points higher than the global average for
IRONMAN events, the race produced remarkable branding
for this area. Triathlete Magazine recognized our first-year
race as one of the top races in North America solidifying its
potential as a signature component of our destination
for years to come.
Our convention and sports sales teams achieved an 80%
increase in the number of events booked and produced
a 25% boost in the number of attendees. Among the 168
group events, we welcomed the National Horseshoe
Pitchers World Championship for the first time. The
horseshoe championships generated close to $2 million
in direct economic impact and introduced over 500
participants from across the country to the beauty of
our region.
Booking events helped Tri-Cities maintain a modest 1.2%
increase in hotel occupancy levels in 2024. Additional hotel
rooms and vacation rental properties in the region caused
some disbursing of visitors. National travel trends were
relatively flat and regionally some southeastern Washington
communities showed slight occupancy declines. Our key
lodging metrics remain strong with Revenue Per Available
Room (RevPAR) numbers growing 5.7%. Average Daily Rates
grew 4.5% and total hotel revenues rose 7% - producing
the highest increase in the southeast region.
Visit Tri-Cities strategic, data-driven media efforts were
extremely impactful. Through targeted PR initiatives we
expanded our media reach from 27.4 million in 2023 to an
astounding 3.59 billion in 2024. Our team secured 146
pieces of focused media coverage – a 161% increase over
2023. Sophisticated tracking from outside data partners
confirmed that our digital advertising campaigns directly
contributed to over $16 million in hotel and local business
revenue. For every dollar we spent in advertising visitors
returned $37 to our hotels and spent $352 in
our communities.
Through collaborative destination development efforts
with the National Park Committee, we successfully
advocated to reopen the B Reactor tours for the full
2024 season and with it, achieved record-breaking tour
attendance despite a partial closure of tour activities.
Our ongoing support for the Tri-Cities Rivershore
Enhancement Council ensures sustained progress
in recreational development.
Visit Tri-Cities holds the globally recognized Destination
Marketing Accreditation Certificate ensuring quality
performance standards in destination marketing and
management. We remain committed to fostering
collaboration, promoting our community’s strengths, and
creating opportunities that benefit residents and visitors
alike. With a $630 million annual economic impact from
visitor spending and more than 5,800 local jobs directly
supported by tourism, the work we do continues to be a
powerful force for good.
Looking ahead to 2025, we are energized by the
momentum generated this year. We are focused on
inspiring discovery, creating memorable experiences, and
working hand-in-hand with community leaders to build an
even brighter future.
Thank you for being part of this incredible journey.
Kevin Lewis
President & CEO
Visit Tri-Cities
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OUR VISION & MISSION
Visit Tri-Cities is a catalyst for success in our communities. With an over-arching purpose to help our communities
achieve their goals, we leverage the power of destination marketing and promotion to fuel transformational growth.
As the visitor economy churns it helps transform the Tri-Cities into a vibrant destination – a place where people want
to visit, live, work, play, and invest.
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
Primary Intent: Fill hotel rooms by
increasing our share of convention and
sports bookings.
EFFECTIVE
MARKETING
Primary Intent: Increase overall tourism
traffic to the destination by improving
visitor awareness, understanding, and
interest; streamlining and enriching
communications; and enhancing the
destination brand.
COLLABORATIVE
DESTINATION
DEVELOPMENT
Primary Intent: Support and advocate
for the evolution and enhancement of
destination attractions, infrastructure, and
services to create enriched experiences for
visitors and residents.
PROACTIVE
COMMUNITY
ENGAGEMENT
Primary Intent: Strengthen community awareness,
appreciation, involvement, and support for tourism
endeavors and leverage the power of destination
marketing to help our communities achieve their goals.
INNOVATIVE AND
MEANINGFUL
OPERATIONS
Primary Intent: Establish an innovative culture where
clear vision, efficient systems, and financial stability create
a competitive advantage and foster an environment of
engaging, meaningful, and rewarding work.
Visitor
Trips Made:
4.4 million
Visitor
Days Spent:
9.7 million
2024 KEY
ACCOMPLISHMENTS
Buck Taft
Chair of the Board
Visit Tri-Cities
IRONMAN 70.3
• $7M Economic Impact
• 10K Visitors from 45 states &
20 countries
• 93% Satisfaction Rate
• Net Promoter Score of 80
(28 points higher than the
global average for
IRONMAN)
• Recognized by
Triathlete Magazines
as one of the top
races in North
America
WORLD HORSESHOE
PITCHING CHAMPIONSHIPS
• $2M Economic Impact
• 1,800 Visitors from 43 states & 4
countries
• 73% First-time VisitorsCONVENTION &
SPORTS SALES
• 86% Increase in Events Booked (170 events)
• 25% Increase in Attendees
LODGING METRICS
• 7% Increase in Hotel Revenues
– the highest in southeastern
Washington
• 1.2% Increase in Hotel
Occupancy
• 4.5% Increase in
Average Daily Rates
• 5.7% Increase in
RevPAR
POSITIVE MEDIA
EXPOSURE
• Expanded Audience Reach
from 27M to 3.59B
• 161% Increase in Media
Coverage (146 articles)
• $16M in revenue generated
from digital ads
• $37 : $1 Return on Ad Spend
directly to Hotels
• $352 : $1 Return on Ad Spend
to our Communities
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TOURISM ECONOMIC IMPACT FINANCIAL PICTURE
TRI-CITY
REGIONAL
HOTEL-MOTEL
COMMISSION
KENNEWICK
• Mike Brown,
Hampton Inn
Kennewick at
Southridge
• Gabi Lopez Guerrera,
SpringHill Suites by
Marriott Kennewick
• Erin Erdman, 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,
LivAway Suites
• Jon Amundson,
Ex Officio, City of
Richland
Tourism Promotion Area
$2,341,603 Marketing
$1,082,295 Administration
$582,034
$3,494,243
Total Revenue
City Contracts from
Lodging Tax
$780,215
Membership/Corporate Sponsors
$372,425
$2,899,966
Total Expenses
Visitor Center
$140,307
Membership
$148,509
Convention/
Sports Sales
$946,821
10.6%
22.3%
67.1%
37.4%
32.6%
20.1%
4.8%
5.1%
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.
$629.8
million
in economic
impact
$77.5 million in
state and local
tax revenue
$63 million
in local sales
tax revenue
Employs
5,883 workers
Annual Tourism Benefits to the Tri-Cities
POLICE
OFFICERS
FIREFIGHTERS SCHOOLS &
TEACHERS
SMALL
BUSINESSES
PARKS ROAD WORK
Visitor spending helps support local:
VISITOR SPENDING BREAKDOWN
Tourism saved each household $602 in annual taxes
3 4*Visitor Spending represented in this report reflect the economic impact of tourism in the Tri-Cities for the year of 2023. The economic impacts of
tourism in our community for 2024 are not yet available. Percentage increase stated is based off of 2022 numbers. Source: Tourism Economics
Kennewick Pasco Richland Totals
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
2024 $785,557 $541,555 $886,798 $2,213,910
TOTAL HOTEL-MOTEL TAX REVENUE
3,796 Hotel guest rooms available
HOTELS
Hotel Revenue up $206,437
Occupancy up 1.2%
*Visit Tri-Cities receives approximately 50% of the lodging tax.
RevPAR up 5.7%
ADR up 4.4%
RETAIL
$144.2M
5.6% increase from
previous year
FOOD AND
BEVERAGE
$143.7M
7.1% increase from
previous year
HOTELS
$130.6M
5.5% increase from
previous year
TRANSPORTATION
$114.0M
0.8% increase from
previous year
RECREATION
$97.4M
10.7% increase from
previous year
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STRATEGIC SALES
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. Booking these events puts “heads in beds”
that generate significant tax revenues for our community.
2024 PROGRAM HIGHLIGHTS
2025 & BEYOND
• 118 Future conventions, meetings and sports events confirmed
• 134,998 Future visitors
• $69,405,244 Future visitor spending
2024 HIGHLIGHTS
Sales & Client Relationship Building
• Hosted Spring Olympia Sales Blitz & Customer
Appreciation Luncheon reaching 48 meeting
planners, a 23% increase in planners reached
over 2023
• Conducted 23 appointments at the Fall Sales Olympia
Blitz, a 27% increase over 2023
• Hosted Sports Customer Appreciation Event in
Portland during Sports ETA Symposium
• Hosted the WA Society of Association Excellence
Annual Conference with an evening reception for key
meeting and event planners
• Attended 8 industry-related conferences and
events to meet with meetings and sports
planning professionals
Secured Major Events
• 2025 WA & ID International Order of the Rainbow
for Girls
• 2026-2030 WA & OR Potato Conference, WA State
Potato Commission
• 2024 Latino State Softball Championships, United
States Specialty Sports Association (USSSA)
• 2024 Latino World Series Softball, USSA
• 2024 Northwest Regional Floodplain Management
Association Conference
• 2026 & 2027 Pacific Northwest Vegetable Association
Annual Conference
• 2025 Convention of Jehovah’s Witnesses – 4
weekends (June/July)
• 2025 U.S. Tennis Association PNW Adult 65 & Over
Sectional Championships
• 2025 USA BMX Lumberjack Nationals
• 2025-2027 Northwest Athletic Conference (NWAC)
Volleyball Championships
• 2026-2028 NWAC Men’s & Women’s Volleyball
Championships
Coming in 2025
EFFECTIVE MARKETING
Each year, Visit Tri-Cities implements a comprehensive, data-driven marketing strategy designed to increase brand
awareness, drive visitation, and maximize economic impact for the region. By leveraging a multi-channel approach—
including digital advertising, media relations, social media, and public relations—Visit Tri-Cities successfully engages
a broad audience and positions the destination as a must-visit location. The results from 2024 showcase the strength
and effectiveness of these efforts.
2024 CAMPAIGN HIGHLIGHTS
WEBSITE PERFORMANCE
460,000+ website visitors
11% increase
950,000+ pageviews
15% increase
31,151 Facebook Followers
3% increase
16,894 Instagram Followers
17% increase
3,212 LinkedIn Followers
12% increase
SOCIAL MEDIA ENGAGEMENT
Engagements increased
184% from 2,330 to 6,620.
HIGHLIGHTS
• Relaunched VTC website
with enhanced navigation,
destination-focused
messaging, Spanish-
language translations and
425 new content pages
• Published the new Visit
Tri-Cities Brand Book for
consistency and
messaging clarity
• Recognized as Runner-
up for “Best Marketing
Program” awarded by State
of Washington Tourism
• Targeted campaigns with
Expedia resulted in 589
flight bookings
• Booked 122,181 room
nights directly through
ad campaigns
• Developed and distributed
refreshed and impactful
messaging through
various multimedia assets,
including:
Ř ‘Discover What’s in You’
Destination Sizzle Video
Ř IRONMAN 70.3 Pre-Race
Sizzle Video
Ř IRONMAN 70.3 Race Day
Video – amassed 45K+
views in one week
Ř IRONMAN 70.3 Volunteer
Highlight Video
Ř IRONMAN 70.3
Community Benefits
Documentary
Ř Seven 90-second video
vignettes showcasing the
community benefits of
IRONMAN 70.3
Ř Twelve TV commercials
emphasizing the positive
impact of IRONMAN 70.3
on the community
Ř 2-minute informational
video highlighting
the vision and
accomplishments of
the Tri-Cities Rivershore
Enhancement Council
(TREC)
Ř 30-second signature
sports highlight reel
MEDIA & PUBLIC RELATIONS
• Expanded audience reach through signature events from
27 million to 3.6 billion
• Secured 146 pieces of media coverage - a 161% increase
over 2023
• Hosted 16 media FAMs, contributing to 33% of total
media coverage
• Achieved an estimated 9.4 million views, a 4,000% increase
over 2023
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Conventions, sports &
group activities hosted168
Up 7.7% from previous year
Visitors
attracted132,501
Up 9.5% from previous year
Convention and sports
spending to region$35,716,190
Up 33.3% from previous year impressions
achieved
446 million
estimated total for
return on ad spend
$352 : $1
hotel-specific estimated
return on ad spend
$37 : $1
generated revenue from
ad inspired bookings
$16.7 million
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COLLABORATIVE DESTINATION
DEVELOPMENT
One of the ways we maximize the revenues generated by visitors is through Destination Development. Our goal is to
create a superior experience for visitors and residents. Through the Tri-Cities Rivershore Enhancement Council (TREC),
the National Park Committee and other organizations, we work with local jurisdictions and hospitality partners to
enhance the attractions we have and develop additional experiences and recreation venues. This work serves the needs
of visitors, improves the quality of life for residents, aids in workforce recruitment and generates economic growth.
HIGHLIGHTS
Tri-Cities Rivershore Enhancement Council
(TREC) Initiatives
• Hosted U.S. Army Corps of Engineers
newly appointed Walla Walla District
Commander for meeting and field tour
with partnering jurisdictions
• Created enhanced website showcasing the vision
and accomplishments of TREC
• Cable Bridge Lighting Subcommittee – finalized
Interlocal Agreement and initiated timeline for
hiring Design Consultant to further the Cable
Bridge Lighting initiative
Tri-Cities National Park Committee Initiatives
• Successfully advocated to re-open B-Reactor tours
for the 2024 season
• Collaborative efforts helped achieve record
breaking B-Reactor tour attendance despite partial
closure of tour opportunities
• Led the Administrative Subcommittee in
prioritizing projects to be funded by the
Hanford Unit Funds
• Developed an outline and RFQ for a Park
community vision project
• Facilitated collaborative efforts to establish a
Friends of the Park group
• Issued letters of support to congressional
delegates to expand Park boundaries and to
the National Park Service outlining opportunities
for collaboration
Support Workforce Development &
Workforce Initiatives
• Partnered with WSU Tri-Cities to promote WSU
Tri-Cities Workforce Training Scholarships
• Participation in Energy Communities Alliance (ECA)
Workforce Roundtable and Forum, and Tri-Cities
Workforce Roundtable
Development of Tourism Assets
• Visioning support for development of the
Mid-Columbia Children’s Museum
• Advocacy and support for the Three Rivers
Convention Center expansion
• Active collaboration and involvement to support
a Performing Arts Center initiative
• Collaborative efforts to facilitate improvements
and upgrades at HAPO Center
VISIT TRI-CITIES COUNCILS
Tri-Cities Rivershore Enhancement Council
Tri-Cities Sports Council
Tri-Cities National Park Committee
PROACTIVE COMMUNITY
ENGAGEMENT
HIGHLIGHTS
Annual Meeting & Tourism Showcase
*see back cover for more details
• Engaged hundreds of tourism partners and
industry stakeholders by producing the “Discover
What’s in You” Tourism Showcase Tradeshow
and Networking Event, featuring over 40
tourism businesses
Business Partner Development
• Secured Diamond Level Member, Alpine Roofing,
as Signature Sports sponsor
• Implemented new Tri-IDEAs sponsor package for
STCU and Bechtel
• Enrolled 130 tourism businesses as new VTC
members – a 20% increase over 2023
IRONMAN 70.3 Washington Tri-Cities
• Secured over 1,100 volunteers to fill 1,300
volunteer positions
• Engaged dozens of local agencies and community
leaders in planning and supporting the event
• Generated 23 local news stories and 17 local
news features
• Delivered 5.8 million local ad impressions
• Hosted Tri-Cities information booth in the
IRONMAN Village
• Hosted volunteer and community welcome /
kick-off party
• Hosted IRONKIDS fun run for children
• Produced interactive “Traffic Impact Maps” and
distributed traffic impact mailers to help locals
understand and navigate race day impacts
• Outstanding community engagement helped the
event achieve a Net Promoter Score of 80 from race
participants which is 28 points higher than the
global average for IRONMAN events
Manhattan Project National Historical Park (MAPR)
and American WWII Heritage City Designation
• Supported the launch of 360 virtual tour and
resources of B Reactor and T Plant tours
• Launched a new webpage highlighting
information on community assets related to World
War II and the Manhattan Project and continued
the City Designation campaign
• Launched advertising campaign promoting MAPR
tours generating more than 15-thousand tour
visitors coming from all 50 states and 52
different countries
• VTC support of Ride with a Ranger events
• Coordination of the Tri-Cities National Park
Committee (TCNPC) and related efforts
Legislative Initiatives
• Attended Tri-Cities Day in Olympia with
the Tri-Cities Legislative Council to meet
with legislators and promote a slate of
community priorities
• Testified at Legislative Session on
tourism initiatives
• Engaged with state representatives to support
community initiatives
• Collaborated with Washington State Destination
Marketing Organizations, State of Washington
Tourism Office, Association of Washington
Businesses and Washington Economic
Development Association to secure and maintain
favorable legislation for tourism businesses along
with increased and ongoing funding to support
tourism initiatives
HIGHLIGHTS
(Photo will go here)
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Three Rivers Convention
Center Expansion
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STRATEGIC VISION
AND LEADERSHIP
• Strategic assessment to evaluate and enhance
the organization’s focus and approach
• Established new vision and mission for
the organization
• 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
• Implemented and enhanced existing programs,
campaigns, and goals
• Streamlined leadership and organizational
structure
• Streamlining asset management and distribution
for marketers and creatives
• Hosted hospitality sales training for Convention
Development team
• Submitted Destinations Marketing Accreditation
Certification renewal with Destinations
International
• Initiated new three-year strategic plan
for 2025-2027
• Refined contracts with service providers
FINANCIAL STRENGTH
• Maintained robust fiscal stability with significant
reserve balances and year-end revenues exceeding
budget by nearly $250,000
• Secured $92,000 in grant funding including State
of Washington Tourism grants for IRONMAN 70.3
and World Horseshoe Championships
• Fostered healthy relationships with key
financial partners including city councils, TPA
commissioners, and hotel partners
• Conducted Hospitality Benefits Study
VISIT TRI-CITIES AND
STAFF HONORS
• Three team members achieved Professional
Destination Management Certifications (PDM)
from Destinations International
• Continuation of Certified Destination Marketing
Executive (CDME) Program
• Leadership Tri-Cities Class XXVII Graduate
• Leadership Tri-Cities New Member Class XXVIII
• Tri-City Regional Chamber of Commerce Member
of the Month Award
VISIT TRI-CITIES GOVERNANCE
• Chair: Buck Taft, Tri-Cities Airport/Port of Pasco
• Past Chair: Corey Pearson, Three Rivers Campus
• First Vice Chair: Trish Herron, PNNL
• Vice Chair: Vijay Patel, A-1 Hospitality
• Vice Chair: Brian Lubanski, Ben Franklin Transit
• 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
• Gretchen Guerrero, Vice President of Finance & Operations
• Hector Cruz, Vice President of Development &
Community Relations
• Julie Woodward, Vice President of Marketing &
Creative Services
• Kirsten Finn, Convention Development Manager
Team Lead
• Abby Hedges, Visitor Services Specialist
• Austin Wingle, Advertising, Design, and Creative
Analysis Manager
• Alex Boecker, Marketing Communication Manager
• Jason Watson, Website & Multi-Media Manager
• Kaiya Bliss, Convention Development Manager
• Linda Tedone, Sales Administrative Assistant
• Michele York, Business Development Manager
• Natalie Clifton, Sports Development Manager
• Reagan Thompson, Convention Development Manager
• Samantha Galbraith, Operations Manager/Executive
Assistant
• Tim Arntzen, Port of Kennewick
• Jerry Beach, A-1 Hospitality
• Troy Berglund, West Richland Chamber of Commerce
• Council Member Melissa Blasdel, City of Pasco
• Washington State Senator Matt Boehnke
• Angie Brotherton, Bechtel
• Phinney Brown, Arts Center Task Force
• Liza Clitar, Clover Island Inn
• 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
• Melody Goller, Hampton Inn Richland
• Brisa Guajardo, Tri-Cities Hispanic Chamber of Commerce
• Gabi Guerrera, SpringHill Suites
• Mike Hall, Ice Harbor Brewing Company
• Monica Hammerberg, Hampton Inn & Suites Pasco
• Colin Hastings, Pasco Chamber of Commerce
• Sandra Haynes, WSU Tri-Cities
• Commissioner Scott Keller, Port of Benton
• Mayor Pro Tem Sandra Kent, City of Richland
• Dave Marsh, B Reactor Museum Association
• Lori Mattson, Tri-City Regional Chamber of Commerce
• Mike McCall, HAPO Center
• David McClain, TC Black
• Commissioner Will McKay, Benton County
• Brent Miles, Tri-City Dust Devils
• Council Member Jim Millbauer, City of Kennewick
• Rocky Mullen, Franklin County
• Dara Quinn, Emerald of Siam
• Rob Roxburgh, CPCCo
• 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: 467
• Website: VisitTri-Cities.com
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INNOVATIVE & MEANINGFUL
OPERATIONS
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Hampton Inn & Suites Pasco/Tri-Cities
Hampton Inn Kennewick at Southridge
Hampton Inn Richland
Holiday Inn Express Hotel & Suites Richland
Home2 Suites by Hilton
Homewood Suites by Hilton - Richland
Kennewick Inn & Suites
La Quinta Inn & Suites
LivAway 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
Abair’s
Above The Curve Vineyard
Academy of Children’s Theatre
Ace Jewelry & Loan
Adore Formal Wear & Bridal Boutique
Adventures Underground
Ahava Coffee Co LLC
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
Andy’s North Restaurant & Lounge
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
Apollo Authentic Greek Restaurant
Ara Sushi & Grill
Arlene’s Flowers & Gifts
Art on the Columbia
ECONOMIC DEVELOPMENT
PARTNERS
City of Kennewick
City of Pasco
City of Richland
Tri-City Regional Hotel-Motel Commission
DIAMOND
Alpine Roofing
Bechtel National
Central Plateau Cleanup Company
Hanford Mission Integration Solutions
PNNL
Toyota Center
Three Rivers Convention Center
Washington River Protection Solutions
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
STCU
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
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 2024, Visit Tri-Cities’ membership total reached 467 tourism businesses.
OUR MEMBERSHIP
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
Aub’s Lounge
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
Basil and Blush
Baum’s
Baymont Inn & Suites
Bella Italia Restaurant
Bennett Rentals
Benton County Fairgrounds
Bergan’s Timeless Treasures
Bergstrom Aircraft, Inc.
Big D’s Powersports
Bingo Boulevard
Black Heron Spirits, LLC
Blackthorne Neighbourhood Pub
Blankslate
Bob’s Burgers and Brew - Kennewick
Bob’s Burgers and Brew - Richland
Boiada Brazilian Grill
Bombing Range Brewing Company
Bon Cafe Co
Bonefish Grill
Brady’s Brats
Brainstorm Cellars
Brewminatti
Brick House Pizza
Bristle Art Gallery
Brother’s Cheese Steaks
Budd’s Broiler by Anthony’s Restaurants
Buds and Blossoms too
Buffalo Wild Wings
Burger Ranch
Burger Ranch - Pasco
Cafe con Arte LLC
Caffeine Bar
Canyon Lakes Golf Course
Cardamom Indian Grill & Bar
Casa Pottery
Catering to You
CBC Arts Center
Ethos Bakery - The Parkway
Europa Italian & Spanish Cuisine
Events at Sunset
Experience 46 Degrees
Fable Craft Bar-Wine Saloon-Food Joint
Farmhand Winery
Fast and Curryous
Fat Olives Restaurant & Catering
Fiction @ J. Bookwalter Winery
Fidélitas Wines
Fiiz
Fisher’s Catch Outfitters
Five Guys Burgers & Fries
Fleet Feet
Float Euphoria
Foodies Kennewick
Foodies Richland
Franklin County RV Park
Free Culture Clothing
Fresh Leaf Co
FreshPicks WA Smoothies
Frichette Winery
Friends of Sacajawea State Park
Frost Me Sweet Bakery & Bistro
Fujiyama Japanese Steak House & Bar
Garden Hot Pot
Gesa Carousel of Dreams
Glass Studio at Barnard Griffin Winery
Gluten Not Included
Goose Ridge Estate Vineyard & Winery
Gordon Estate Winery
GRAZE - ‘a place to eat’
Great Harvest Bread Company Kennewick
Greek Islands Cuisine
Greenies
Griggs Ace Hardware
Ground Support Coffee
Guadalajara Style Mexican Food LLC
Hae Ha Thai
Halo Fishing Adventures
Hedges Family Estate
Heron Bluff Vineyard & Winery
Hightower Cellars
Hill’s Restaurant & Lounge
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
I&M Rentals LLC
Ice Harbor Brewing Co.
Ice Harbor Brewing Company at the Marina
Iconic Brewing
IHOP Restaurants
Indaba Coffee
InterMountain Alpine Club
iplay Experience
J&S Dreamland Express
J. Bookwalter
Just Juice LLC
KayakBateman.com
Kestrel Vintners
Kickstand Tours
Kindred Spirits
Cedars at Pier 1
CG Public House & Catering
Chandler Reach Vineyards
Chapala Express
Cherry Chalet Bed & Breakfast
Chic & Unique Furniture Kennewick
Chic & Unique Furniture Richland
Chicken & Bowl
Chills Fro Yo & Custard
Chuck E. Cheese
Chukar Cherries
Ciao Trattoria
Cigar Savvy Shop, LLC
Clover Island Inn
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 River Mafia Guide Service
Columbia Sun RV Resort
Community Concerts of the Tri-Cities
Connell Heritage Museum
Convergence Zone Cellars
Copper Top Tap House
Cora’s E-bike Shop
Cork and Taps by Domanico Cellars
Costa Vida - Duportail Street
Costa Vida - Gage Blvd
Costa Vida - Kennewick
Costa Vida - Pasco
Cougar Cave Expresso
Country Mercantile
Country Mercantile - Pasco
Coyote Bob’s Roadhouse Casino
Coyote Canyon Mammoth Site
Coyote Canyon Winery
Crazy Moose Casino
Crepe Haus & El Compadre
Crepes and Rolls
Crowe Wines
Cupcakes Bakery & Deli
d. lynne’s boutique
D’s Wicked Cider
Daisy Ranch Saloon
Dalset Wines
DavenLore Winery
D-Bat Columbia Basin
Del Sol Lavender Farm
DermaCare
Desert Food Mart (Conoco)
Desert Wind Winery
Details
Divots Golf
Dog Haus Biergarten Pasco
Don Rubio’s
Dovetail Joint Restaurant
DownUnderSportFishing
DrewBoy Creative
Earth Spirit Shop
Eastern Washington Transportation
Elk Haven Winery
Emerald of Siam Thai Restaurant & Lounge
Ethos Bakery - Queensgate
Kiona Vineyards and Winery
Kitzke Cellars
Knots & Grounds Espresso
Kona Ice
La Bella Vita Kitchen and Bar
La Maison Dana French Café Restaurant &
Bar
La Zeiba Events
Lakeside Gem and Mineral Club
Layered Cake Artistry
Lazy River Taphouse
Lemon Grass
Let’s Glow Mini Golf
LIGO Hanford Observatory
Lil’ Moon Diner
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
Max Air Tri-Cities
McKinley Springs
Mercer Wine Estates
MEXA MexAmerican Kitchen
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
Monarcha Winery
Monterosso’s Italian Restaurant
Moonshot Brewing
Moonshot Brewing Pub at the Park
Muret-Gaston Winery
Museum at Keewaydin
MyFroYo - Kennewick
MyFroYo - Pasco
MyFroYo - Richland
Nanis Bakery
National Charter Bus Richland
Nothing Bundt Cake
Nouveau Day Spa
Novel Coffee Co.
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 Burger Company
Pasco Chamber of Commerce
Pasco Specialty Kitchen
Peacock Coffee Roasting Co
Pearl Coffee
Pedego Electric Bikes Tri-Cities
Perch Cantina
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OUR SPONSORSOUR MEMBERSHIP CONTINUED
Shelby’s Floral & Gifts
Simplified Celebrations
Sister to Sister - on the Ave
Sister to Sister- Merlot
Skippers Seafood n’ Chowder
Sleep Inn Pasco Tri-Cities
Sleeping Dog Wines
Smooth Swings
Soi 705
Solar Spirits Distillery
Some Bagels
Some Bagels Too
Somer Mediterranean Food and Bakery
Southern Cross Winery
Spare Time Lanes
Spencer Carlson Furniture & Design
Sporthaus
SpringHill Suites by Marriott Kennewick
Sterling’s Restaurant - Clearwater
Sterling’s Restaurant - Queensgate
Sterling’s Restaurant On the River
Stone Ridge Estates
Stotts Fishing Adventures
Sub Zero Nitrogen Ice Cream
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
Swampy’s BBQ Sauce & Eatery
Swigg Coffee Bar
Tagaris Winery
Take a Break Tri-Cities
Tap & Barrel
Tapteal Greenway
TC Black
TC Cider House
Tee Time
Teriyaki Grill
Terra Blanca Winery & Estate Vineyard
Thai Elephant
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 Kozy Kup Coffee Co.
The Little Plant Shop
The Lodge at Columbia Point
The Medusa Tap House
The Moore Mansion
The Olive Garden
The Palm Bar and Grill
The Pizza Box
The Pub
The Rude Mechanicals
The Teal Box
Perfect Circle Brewing
Philocaly Lingerie Boutique
Picante Mexican Taqueria
Pie Sharks LLC
Pink Pearl
Pipsqueaks
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
Pretty Gritty Tours
Price 4 Limo
Proof Gastropub
Public Market at Columbia River Warehouse
(CRW)
Purple Star Wines
QUAKE Family Fun Center
Ranch & Home
Rattlesnake Mountain Brewing Company
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
Restaurante El Chapala
Rewster’s Craft Bar & Grill - Horn Rapids Golf
Course
Richland Players
RideNow Powersports Tri-Cities
Rise & Shine Bake Shop
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
Round Table Pizza - Leslie
Round Table Pizza - Pasco
Round Table Pizza - Richland
Runners of the Sage
SAAP Kitchen Lao-Thai
Sacajawea State Park
Sage Brewing Company
Sageland Center
Salon Remedi
Salud Bar and Kitchen
Sandollar Farms & Alpacas
Sandy’s Fabrics & Machines
Seaductive Kayak Rentals
Seoul Fusion Korean Restaurant
Shade Cafe
Sharetea Tricities
Sheep’s Clothing
The Tinte Red Mountain Retreat
The Underground Taphouse
Three Rivers Tackle
Thurston Wolfe Winery
Tip Pit BBQ
Tirriddis
Tomi Sushi and Ramen
Transient Coffee Company
Trejo’s Mexican Restaurant
Trejo’s Taco Factory
Trek Bikes Kennewick
Tri City Taps
Tri-City Regional Chamber of Commerce
Tri-Cities Afghan Food
Tri-Cities Hispanic Chamber of Commerce
Tri-Cities Newcomers Club
Tri-Cities Tackle
Tri-Cities Wine Society
Tri-City Americans Hockey
Tri-City Dust Devils
Tri-City Tappers
TRIDEC
Tsunami Catering
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
Viera’s Bakery - Burden St.
Viera’s Bakery - Lewis St.
VISTA Event Space
Washington State University Tri-Cities
Water2Wine Cruises
Wautoma Springs
West Richland Chamber of Commerce
West Richland Golf Course
What’s The Scoop
Wheat Head Brewing
Wheelhouse Community Bike Shop
White Bluffs Brewing
White Bluffs Quilt Museum
Wilco Farm Store
Wild Hare Lavender Farm
Wild Olive’s Charcuterie Kingdom
Willow Run Vineyard
Wine Social
Wingstop Pasco
Wisdom Books LLC
WIT Cellars
Wright’s Desert Gold Motel & RV Park
Xenophile Books
Yogurt Beach
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 and national news organizations
to provide 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.
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.
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.
Pacific Northwest National Laboratory (PNNL) is
our Excellence in Service Award/Eco-Tourism
Sponsor. This partnership is a vehicle for
encouraging visitation and enjoyment of our
outdoor recreational opportunities. PNNL also
extends its support to the Excellence in Service
Award, chairing the committee and overseeing the evaluation
process. PNNL has made additional spotlights possible highlighting
previous awardees. The Excellence in Service Award is presented by
PNNL at the Visit Tri-Cities Annual Meeting.
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.
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.
The Signature Sports Sponsorship is
crucial to the success of Visit Tri-Cities’
mission to boost visitor spending.
The funding secured through this
sponsorship enables our organization
to collaborate with the Tri-Cities Sports Council and local sports
entities, enhancing community assets, infrastructure, and
sports marketing initiatives. Furthermore, the Signature Sports
Sponsorship offers our destination, the Sports Council, and
its members the opportunity to present a unified front in
attracting major sporting events, such as the IRONMAN 70.3
Washington Tri-Cities
Travel is transformative on
multiple levels. Exploring
new destinations exposes us
to different ideas, cultures,
history, heritages, and people. The Tri-IDEAs sponsorship
amplifies our efforts in celebrating and showcasing our
destination’s diverse community, letting visitors and residents of
all backgrounds, races, genders, cultures, and abilities know and
feel that they are welcome here. This sponsorship further builds
connections with local business owners, community leaders,
event organizers, residents, and more by highlighting stories of
diversity in the Tri-Cities.
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DISCOVER WHAT’S IN YOU
The Visit Tri-Cities Annual Meeting and Tourism Showcase provided a glimpse
into the dynamics that make living and visiting here so vibrant.
Discover What’s In You Panel
The 2024 Annual Meeting celebrated the achievements and insights
of five unique individuals from our community whose stories and
wisdom reflect the process of discovery and demonstrate the
meaningful action and opportunity flowing through our communities.
Pictured from left to right, our panelists were: José Iñiguez, Founder & Executive Director of
Encanto Arts, Marisa Howard, 2024 Olympian, Christina Lomasney, Chief Commercialization
Officer for PNNL, Adam J. Fyall, Sustainable Development Manager for Benton County, and Gabe
Crowell, Co-Founder of Tirriddis Sparkling Wines
Award Winners
The First Responder teams throughout the Tri-Cities received the
prestigious Kris Watkins Tourism Champion Award. These agencies
took their champion-like commitment to a new level as we hosted a
season of signature events that put our community on display like
never before.
Frichette Winery earned the 2024 Excellence in Service
Award for its exceptional guest experience. Their focus
on creating memorable experiences is a testament to the
quality of our local tourism partners.
Tourism Showcase
Hundreds of community and business leaders gathered to celebrate
the vitality and opportunity our hospitality and tourism businesses
generate for visitors and residents.
Thank you for helping us inspire, reward and celebrate the
spirit of exploration and discovery. Page 14 of 324
TPA Reserve Funding Request Packet
This packet is presented on behalf of the Tri-City Regional Hotel-Motel Commissioners whose members
are appointed by the City Councils to provide recommendations on the proposed use of Tourism
Promotion Area (TPA) funds which are managed by Visit Tri-Cities.
At its February 2025 meeting, the Hotel-Motel Commissioners unanimously approved the transfer of
$549,500 from TPA reserve funds to be utilized for the projects specified in this packet and incorporated
in the Visit Tri-Cities 2025 Work Plan. This packet provides background information as stated below and
a summary of the proposed projects to fund utilizing resources from TPA Reserve Account for
reinvestment.
Background
The TPA Reserve Account has a required minimum reserve balance of $650,000 which includes an
operating balance of $150,000. These balance requirements are determined by the City Managers who
participate at Commission meetings as Ex-Officios. It is the Commission’s position that additional funds
above $650,000 should actively be used to promote the Tri-Cities as a destination, creating increased
visitor spending in the community. In addition, reserve funding considerations are also made for capital
investments and destination development.
As a result of careful resource management and conservative budgeting, the TPA Reserve Account
currently has a balance of $1,440,720 available for reinvestment in additional projects.
Earlier this year, the Commissioners of the Tri-City Regional Hotel-Motel Commission unanimously
voted to re-invest $549,500 of the surplus revenues toward projects that include: funds to secure and
support new conventions and sports tournaments, tourism research and education, and promotions to
increase and enhance leisure travel stays.
Included in this packet is the list of new projects recommended by the Commission to support the 2025
Visit Tri-Cities Work Plan.
Thank you for your consideration and support with this request. We appreciate the opportunity to
collaborate with the City of Kennewick and the Tri-City Regional Hotel-Motel Commission as we help
fuel transformational growth through tourism. Please reach out with any questions or comments you may
have as you review the documents.
Sincerely,
Kevin Lewis
President and CEO
Page 15 of 324
2025 Proposed TPA Reserve Investments
Research & Reporting Services $150,000 (utilized over 2 -3 years)
To better understand markets, trends, ad impacts, and visitor metrics, Visit Tri-Cities invests in a
number of different data services that provide us with a range of marketing and tourism research,
ad data and industry insights. We utilize this information to make strategic data driven decisions
that produce return on investment. Funds from this request will support our team’s engagement
with research and reporting service contractors over the next few years to assist in acquiring,
compiling, analyzing and presenting the key industry data we receive from the multiple sources we
utilize. These contracted services and the associated tools they provide will help us better
understand the impacts of our combined efforts and more easily share the results with
stakeholders in an effective and meaningful way. Working with data reporting service providers will
help us bridge the gap between data, understanding and action.
Short Term Rental Research Services $35,000 (utilized over 2-3 years)
Short term rentals are changing the lodging landscape in our region impacting hotel occupancy,
revenues, lodging tax collections, and the long-term housing/rental market. Athlete surveys from
the recent IRONMAN event showed 17% of participants stayed in short-term vacation rental
properties for the event. Funds from this request would allow Visit Tri-Cities to secure research to
assist our cities and lodging partners better understand the impacts of short-term rentals in our
region and the effect they have on visitation, hotel room supply and demand and other key visitor
metrics. These research tools will help guide informed decisions concerning policy, tax collection,
zoning, enforcement, housing needs, visitor revenues, etc.
AI Tools/Subscriptions $6,000
Utilizing AI tools can greatly enhance our team’s productivity by automating repetitive tasks,
streamlining research, generating content, assisting with brainstorming, improving
communication, and delivering instant access to information. By integrating tools like ChatGPT into
daily workflows, employees can focus on higher-level, strategic work, driving efficiency, creativity,
and overall organizational success. This investment empowers our team with cutting-edge
technology that supports smarter, faster, and more effective decision-making.
Airport Kiosk Remodel $25,000
Our current airport kiosk is outdated, lacking the warmth and appeal needed to effectively engage
travelers. These funds will be used to remodel the kiosk with upgraded materials for a more inviting
aesthetic, along with improved signage and a strategic relocation of the main screen for better
visibility. This investment will create a modern, welcoming display that enhances the visitor
experience and better represents our destination.
Group FAM Destination Visits $13,500
These funds will be used to support two group familiarization (FAM) trips to our destination, an
essential investment in generating media exposure and increasing our visibility. In 2024, 33% of our
total media coverage resulted from our FAM program, demonstrating its effectiveness in driving
earned media. These 2025 group FAMs will bring both traditional media and social influencers to
experience our destination firsthand, leading to compelling storytelling and widespread coverage.
Page 16 of 324
Each trip will be strategically themed to highlight our unique offerings, showcasing the
destination’s appeal to potential visitors. By hosting these curated FAMs, we maximize our media
reach, strengthen our brand presence, and ultimately drive visitor interest and economic impact.
Increase Support for Signature Sports Events $100,000
Visit Tri-Cities is continuing to work with signature groups such as IRONMAN, National Horseshoe
Pitchers Association, American Cornhole League, and FIFA World Cup Seattle 26. As we host
events on a national and international level, additional financial, operational and logistical
resources are needed to support event requirements and take advantage of new opportunities for
publicity and exposure. Funds from this request will be directed towards signature events that we
secure and host. These types of events increase our visibility and credibility on a national scale and
have opened opportunities for the Tri-Cities to be considered for new, large-scale events. This
funding contributes to the overall success of the events and helps increase visitation, participant
satisfaction, economic impact and community awareness.
Increase Quick Response Fund $20,000
The quick response fund allows the CEO to make opportunity fund grants to qualified groups if there
is an immediate need before the next Tri-City Hotel-Motel Commission is scheduled. It allows for
flexibility and ensures groups are not lost due to timing.
SportsEvents Media Group Conference $100,000
Visit Tri-Cities continues to bid on hosting a future conference presented by SportsEvents Media
Group. In 2024, VTC submitted a bid to host the S.P.O.R.T.S. Relationship Conference and was
selected as a top 3 finalist destination. Although the Tri-Cities region was not selected, we remain a
top destination to be considered for future SportsEvents Media Group conferences, including the
S.P.O.R.T.S. Relationship Conference and the S.P.O.R.T.S. Invitational. Funds will be used to cover
the host city requirements if our bid is successfully awarded. Additionally, a portion of the funds will
be allocated for hosting the required site visits during the selection process, should we be selected
as a top finalist. The S.P.O.R.T.S Relationship Conference is a national hosted-buyer, multi-day
event that attracts sports event planners and sports event suppliers to a single location to share
educational and networking opportunities. The event attracts an estimated 70-80 sports event
planners who are directly responsible for more than $24 million in sports-tourism-related spending.
In addition to pre-set appointments between destinations and sports planners, the conference
provides general sessions, roundtables, workshops, and opportunities for destination marketing
organizations to collaborate. The S.P.O.R.T.S. Invitational is an exclusive, invite-only event featuring
premier city partners and a hand-selected, targeted group of sports event rights holders. The
Invitational is a boutique, hosted buyer event – a one-and-a-half-day gathering filled with pre-
scheduled meetings and multiple networking opportunities to connect with new partners located in
the West/Southwest region.
State of Washington Tourism Conference $25,000
State of Washington Tourism (SWT), the official state tourism office, hosts an annual conference
each year where Washington’s tourism industry professionals can convene for professional
development, topical panel discussions, industry breakout sessions and networking. Each year,
SWT seeks an enthusiastic host destination for a future Conference. Visit Tri-Cities will be
submitting a bid to host a future Conference, and funds will only be used if we are successfully
awarded the bid. Destination host responsibilities include serving on the planning committee,
Page 17 of 324
arranging area Familiarization (FAM) Tours including transportation, arranging transportation for
speakers and attendees, and coordinating for local art, culture and attractions to be showcased
during the event. Hosting the conference in Tri-Cities gives us the opportunity to showcase our
destination while educating key tourism partners on the unique attractions and assets we offer, as
well as building on future opportunities for collaboration.
Project Support Services $75,000
Visit Tri-Cities’ expanded involvement in hosting events requires additional planning and
operational support from our team. Funds from this request will be used to provide staffing and/or
contracted services to ensure communication and coordination on all aspects of the events within
our team and with our community leaders, key agencies, venues, lodging properties, businesses,
residents, event teams, etc. Allocating dedicated resources to proactively facilitate these essential
functions will help us maintain the standard of excellence needed for successful hosting.
Total All Requests: $549,500
Page 18 of 324
STRATEGIC SALES
• Successfully host and leverage success of IRONMAN 70.3, USA
BMX National Series, and Tri-City Raceway events to grow
signature sports market.
• Increase room nights booked by 11% over 2024. Achieve
45,000 room nights booked.
• Generate and submit 220 sales leads (Request for Proposals) to
industry partners.
• Host three sales missions featuring customer appreciation
events and appointments with planners.
• Attend seven lead producing conferences to meet with
decision makers and promote the Tri-Cities as a destination
of choice for conventions and sports events. Conferences
include TEAMS, Sports ETA, S.P.O.R.T.S. Relationship Conference,
S.P.O.R.T.S. Invitational, WSAE, Meeting Planners International,
and Northwest Event Show.
• Host three appreciation events for meeting planners and sports
events organizers.
• Utilize contracted platforms and tools to full potential.
• Conduct Director of Sales meetings with local tourism related
businesses to support and coordinate efforts.
• Develop training program for hotel and venue staff.
• Work with Tri-Cities Sports Council members, including athletic
directors, sports venue directors, and community leaders to
create attractive proposals for high school athletic district and
state-wide championships.
• Coordinate venue costs and accommodation pricing for
tournament directors and meeting planners.
• Secure hotel room blocks and complimentary rooms as
needed to secure events.
• Develop and implement convention center expansion
marketing and sales strategy to grow markets.
EFFECTIVE MARKETING
• Build awareness for the convention center expansion through
website, targeted mail, ad campaigns, and PR initiatives.
• Introduce a new creative campaign across all
communication channels.
• Update sales collateral and messaging to align with the
new Brand Book.
• Launch multi-platform, data-driven creative ad campaigns.
• Expand digital advertising into fly markets by rolling out
market-specific ads for Phoenix, Salt Lake City, and Los Angeles,
utilizing retargeting and geofencing techniques.
• Promote signature events with integrated campaigns.
• Produce destination blogs and a video series featuring local
experts, historians, and business owners.
• Build the meetings and conventions client network through the
‘Bring Your Meeting Home’ campaign, quarterly e-newsletters,
and digital ad campaigns targeted at WSAE members.
• Optimize data integration and reporting.
• Implement advanced digital targeting methods, including
website pixeling, geofencing, retargeting, and lookalike
audiences to drive repeat visitation and secure
new bookings.
• Leverage advanced research and reporting services to
strengthen data-driven decision-making.
• Utilize SWT grant partnership to expand Pasco-focused
media content.
• Organize the digital asset library by establishing quality
standards, archiving outdated content, capturing new targeted
visuals, transferring legacy assets to a dedicated platform, and
removing duplicates for efficient access.
• Enhance website engagement by developing interactive digital
maps and curated itineraries.
• Support promotional efforts for key community events.
• Support VTC sponsorships by identifying additional advertising
opportunities to create new revenue streams.
• Maximize social media engagement by launching seasonal
campaigns, leveraging destination hashtags to foster user
participation, and utilizing LinkedIn to deliver targeted
messaging to meeting planners and the sports market.
COLLABORATIVE DESTINATION
DEVELOPMENT
• Successfully leverage and advance the region through
signature events such as IRONMAN 70.3, USSSA Latino
State and World Softball Championships, and USA BMX
National Series.
• Coordinate and manage efforts of the Tri-Cities Rivershore
Enhancement Council (TREC), including advancing the Cable
Bridge Lighting Project and maintaining a webpage to track
and report all TREC related projects and developments.
• Support and advocate for development and enhancement of
tourism infrastructure and services.
• Provide direction and guidance for recommendations outlined
in the Rivershore Master Plan II.
• Coordinate efforts of the Tri-Cities National Park Committee and
collaborate with partner agencies to establish a community
vision for the Manhattan Park National Historical Park (MAPR),
support establishing a friends group entity, and support Park
related initiatives.
• Promote the National Park Service American WWII Heritage City
designation, B Reactor virtual tours, available MAPR tours, and
“Science and Technology” season of podcasts.
• Incorporate celebrations of the 10th Anniversary of the Park
into Tri-Cities events.
• Support efforts to promote the 25th Anniversary of the Hanford
Reach National Monument.
THE FOLLOWING IS A SUMMARY OF VISIT TRI-CITIES ACTIVITIES TO SUPPORT TOURISM.
Work Plan 2025
1
Page 19 of 324
THE FOLLOWING IS A SUMMARY OF VISIT TRI-CITIES ACTIVITIES TO SUPPORT TOURISM.
Work Plan 2025
• Advocate for expansion and improvements at area sports
complexes by providing direction and guidance for
recommendations outlined in the Sports Facilities Market
Analysis and Feasibility Study.
• Re-establish the cooperative efforts of the Wine Tourism
Council serving wineries, wine-related venues, hotels,
restaurants, and transportation providers in Benton and
Franklin counties.
• Support initiatives to expand or enhance critical convention
facilities and event venues.
• Engage in tourism-related initiatives with the Tri-Cities
Strategic Alliance (TRIDEC, the Tri-City Regional Chamber and
the Benton-Franklin Council of Governments) to facilitate
action on regional projects that will help shape the future of
our region.
• Work with TRIDEC and local chambers of commerce to support
business and economic development initiatives.
• Participate and provide leadership in tourism industry
organizations such as Washington State Destination Marketing
Organization (WSDMO), State of Washington Tourism,
One West Tourism Alliance (OWTA), and Destinations
International (DI).
• Collaborate with Federal and State Legislators on tourism
related priorities.
PROACTIVE COMMUNITY
ENGAGEMENT
• Successfully engage community in hosting signature events
such as IRONMAN 70.3, USSSA Latino State and World Softball
Championships, and USA BMX National Series.
• Establish and maintain an engaging and meaningful
membership program to recognize, support, and promote
tourism related businesses and the partner organizations that
support the mission and strategic pillars of our organization.
• Produce a sponsorship guide outlining sponsorship purposes,
opportunities, tiers, and suggested benefits to utilize as a
foundation to secure new sponsors.
• Host the 2025 Annual Meeting to provide inspiration,
education, tourism reports, and outlook to our stakeholders
and partners.
• Promote local tourism businesses and attractions through
VisitTri-Cities.com.
• Provide key data to keep members up to date on industry
trends, opportunities, and events through regular
newsletter communications.
• Promote local businesses to convention and sports participants
through the “Show Your Badge” program.
• Create member benefit programs to support tourism
employment, recruiting, and workforce development.
• Provide materials to local companies to enhance their
recruitment and employee relocation efforts.
• Enhance Excellence in Service Award program creating
year-round attention and engage local tourism businesses.
• Create Customer Service Training program for tourism partners.
• Manage the cooperative efforts of the Tri-Cities Sports Council
serving high school athletic directors, municipal recreation
departments, local sports clubs, and sports officials.
• Recruit volunteers for signature events taking place in
the Tri-Cities.
INNOVATIVE & MEANINGFUL
OPERATIONS
• Maintain efficient and healthy fiscal stability and enhance
growth by securing, renewing, and expanding revenue sources.
• Operate and perform as a globally accredited organization as
recognized by Destinations International and the Destination
Marketing Accreditation Program (DMAP).
• Manage and operate the Tri-Cities Visitor Center, providing a
place for visitors and residents to gather information on local
attractions, services, and tourism-related businesses.
• Promote the Visitor Guide and other publications highlighting
the community, attractions, and activities to promote the
Tri-Cities as a preferred travel destination.
• Support and interact with estimated 5,000 written and
telephone requests for information on the Tri-Cities.
• Produce and manage the Tri-Cities Calendar of Events.
• Offer a “Hot Dates” program to assist visitors in finding
accommodations during high-demand dates.
• Maintain the Satellite Visitor Centers with visitor information,
maps, and brochures.
• Provide visitor services and maintain the interactive
Tri-Cities kiosks at the Tri-Cities Airport and Three Rivers
Convention Center.
• Promote and manage the Tri-Cities Excellence in Service
program to inspire customer service region-wide.
• Produce sustained and consistent tourism growth by
preserving our position as an employer of choice through
energizing work, professional growth, and thoughtful adoption
of effective employee retention initiatives.
• Foster an organizational culture of collaboration, innovation,
and education.
2
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2024 Annual Report
Presented to the City of Pasco
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Visit Tri-Cities
•501c6 Destination Marketing Organization
•Funded By
•Lodging Tax
•Tourism Performance Assessments
•Partners, Sponsors, Members
Vision: Inspire, reward and celebrate
the spirit of exploration and discovery.
Mission: Fuel transformational growth
in the Tri-Cities through tourism.
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Catalyst for Community Success
Fill hotel rooms with group business Increase visitation & enhance the destination brand
Strengthen community involvement & support
Clear vision, efficient systems & financial stability
Advocate for enhancement of destination attractions
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Tri-Cities Visitor Economy
•Direct Spending
creates a positive economic cycle
•Indirect Impact
fuels business interactions
•Induced Impacts
improve quality of life
•Tax Revenues
support local governments
*Source: Tourism Economics
2023
Visitor Spending Tax Revenues Visitor Trips Tourism Jobs
$630 Million $77.5 Million 4.4 Million 5,900
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Visitor Economy – Pasco 2024
•Visit Tri-Cities facilitated 62 tourism events in Pasco
(Sports, Meetings, Conferences)
•51,845 visitors
•$15.5m visitor spending
53.8% of sports tourism takes place in Pasco
(42 out of 78 events)
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•48% increase in Average Daily Rate (ADR)
•59% increase in hotel revenues
Pasco Hotels earned $105k more in
two nights on IRONMAN weekend than they
did on the same weekend in 2023
Visitor Impacts in Pasco
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Signature Events in Pasco
•WIAA State Cross Country Championships
•$1.2m visitor spending
•35 consecutive years
•Booked thru 2027
•1,200 athletes
•6,000 visitors
•NWAC Basketball Championships at CBC
•$450k visitor spending
•USSSA Softball – 2,200 visitors
•$418k visitor spending
•Latino State Championships
•Latino World Series
•Water Follies - $2.8m
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•589 flights generated
•3,789 room nights booked
Record Breaking Year Visit Tri-Cities Ad Campaigns
Yearly Totals
•2024: 478,016
•2023: 437,200
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VTC Community Engagement
•$15k tourism grant to produce Pasco media assets
•Pasco Chamber
•Hispanic Chamber
•Water Follies Board
•HAPO Center Advisory Board
•Rivershore Enhancement Council
•Aquatic Center Advocacy
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2024 Financial Picture
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Lodging Data
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Conventions, Meetings & Sports
•168 groups hosted
•Up 7.7%
•132,501 visitors
•Up 9.5%
•$35.7m visitor spending
•Up 33.3%
2024 GROUP BUSINESS
•118 groups confirmed
•U
•134,998 future visitors
•$69.4m future spending
•U
FUTURE GROUP BUSINESS
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Marketing Data
$16.7m revenue generated
from ad inspired bookings
446 million
ad impressions
$37 : $1 return
on ad spend to
our hotels
$352 : $1 return
on ad spend to
our communities
460k website visitors
950k pageviews
9.4m media views
(up 4k%)
Expanded
audience
reach
Secured146 pieces of
positive media
coverage
(up 161%)
from 27m to
3.6b
Hosted16 media FAM Tours ,
generating
33% of total
media
coverage
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Engagements increased 184%
Facebook 31,151
Followers +3%
Instagram 16,894
Followers +17%
LinkedIn 3,212
Followers +12%
Social Media
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2025 Work Plan
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TPA Reserve Request
•Reserve Fund Investment Balance $1.4m
New Project Requests Amount
Research & Reporting Services (2-3 years)$150,000
Short Term Rental Research (2-3 years)$35,000
AI Tools/Subscriptions $6,000
Airport Kiosk Remodel $25,000
Group FAM Destination Visits $13,500
Signature Sports Events $100,000
Quick Response Funds $20,000
SportsEvents Media Group Conference $100,000
State of Washington Tourism Conference $25,000
Project Support Services $75,000
$549,500
TOTAL REQUEST
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AGENDA REPORT
FOR: City Council February 28, 2025
TO: Dave Zabell, Interim City Manager City Council Workshop
Meeting: 3/10/25
FROM: Maria Serra, Director
Public Works
SUBJECT: Resolution - Change Order No. 3 for Wastewater Treatment Plant
Phase staff minutes (5 Apollo with Contract Construction 2A
presentation)
I. ATTACHMENT(S):
Resolution
Exhibit A - Change Order No. 3
Attachment 1 - Summary of Change Order No. 3 Items
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion Only
III. FISCAL IMPACT:
Engineer's Construction Estimate $19,273,122.00
Awarded Construction Contract $13,996,917.00
Previously Approved Change Orders No. 1
and 2 $238,882.61
Proposed Change Order No. 3 $111,567.65
New Contract Total $14,347,367.26
The project construction is funded through a State Revolving Fund low interest
loan awarded by the Washington State Department of Ecology under loan
agreement WQC-2024-Pasco-00007, which was authorized through Council
adoption of Resolution No. 4424 on March 4, 2024.
The proposed change order can be accommodated within the project change
order allowance line item of $711,345.00, as authorized within the WQC-2024-
Pasco-00007 loan agreement.
Total construction contract changes, including proposed Change Order No. 3,
Page 39 of 324
represent approximately 2.5% of the original awarded contract amount.
IV. HISTORY AND FACTS BRIEF:
The construction contract for the Wastewater Treatment Plant (WWTP) Phase
2A Plant Improvements project was awarded to Apollo, Inc. (Apollo) on March
20, 2023. Since construction began, two (2) Change Orders (COs) have been
approved as follows:
Previously approved CO No. 1 was fully executed on June 6, 2024 under the
authority delegated to the City Manager. CO No. 1 addressed minor design
changes to improve facility system functionality and safety for operations as
well as accounting for the asphalt placement work that was removed from the
WWTP Phase 1 scope to be completed under the Phase 2A improvements.
Additionally, CO No. 1 included a contract deduction of approximately $26,000
to remove the specified below grade structural waterproofing system that was
identified as not being necessary for the project site conditions.
Previously approved CO No. 2 was fully executed on November 18, 2024
under the authority delegated to the City Manager. The major items in this CO
accounted modifications system alarm fire related costs additional for to
required to meet current building code requirements, electrical modifications
required for full functionality of the new dewatering and thickening process
equipment, and structural modifications identified to prevent corrosion in the
new centrate storage tank. CO No. 2 also included a contract deduction of
approximately portion the of a $13,000, for accounts which removing
installation of the centrate tank 8-inch process piping from the project scope.
V. DISCUSSION:
Change proposal requests (CPRs) and work change directives (WCDs) were
all identified, reviewed, and packaged for approval into proposed CO No. 3. All
CPR are and outlined fully No.3 WCD within packaged items CO and
summarized in Attachment 1 for further reference. The items within this CO
primarily enhanced for needed treatment design address improvements
process safety and operation and identification of existing aging components
requiring either repair or removal as encountered during construction.
In some cases, the extent of change order work performed was difficult to
assess requiring due to unknown or changing site conditions further
exploratory investigation prior to evaluation of cost proposals. Such change
proposals were tracked as time and materials force account costs while the
remainder of changes with fully defined scope were up-front negotiated cost
estimates. Attachment 1 indicates base costs (contract additions or deducts)
associated with each CPR or WCD item without Washington state sales tax
Page 40 of 324
included.
These itemized changes will constitute a third change order to the project in the
amount of $111,567.65 with no working days added to the original contract
time.
Staff recommends approval of CO No. 3 in the amount of $111,567.65 for the
Wastewater Treatment Plant - Phase 2A Plant Improvements.
Page 41 of 324
Resolution - CO No. 3 for WWTP Phase 2A - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE CHANGE
ORDER NO. 3 WITH APOLLO, INC. FOR THE WASTEWATER TREATMENT
PLANT PHASE 2A PLANT IMPROVEMENTS PROJECT.
WHEREAS, the City of Pasco (City) and Apollo, Inc. (Apollo) entered into a Construction
Contract on March 20, 2023, for construction of the Wastewater Treatment Plant (WWTP) Phase
2A Plant Improvements; and
WHEREAS, previously approved Change Orders No. 1 and No. 2 were under the authority
provided to the City Manager; and
WHEREAS, proposed Change Order No. 3 is being issued to address changes related to
unforeseen site conditions at an aging operating treatment facility construction site in addition to
design modifications and enhancements identified to improve functionality of new treatment
systems and associated components; and
WHEREAS, the $111,567.65 amount of Change Order No. 3 added to the cumulative sum
of previously approved Change Orders, exceeds the City Manager’s authority, and thus determined
to obtain Council approval; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City to enter into Change Order No.
3 with Apollo.
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. 3 between the City of Pasco and Apollo as attached hereto and incorporated herein as
Exhibit A.
Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized to execute said Change Order No. 3 on behalf of the City of Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 42 of 324
Resolution - CO No. 3 for WWTP Phase 2A - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 43 of 324
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AMERICANROCK
PRODUCTS
ACRHCOMPANY
Customer Acct Nor P429506 Quote Number 091444e2
Submitted To:Estimating Quote Date:2/13/2023
Contact Name:Estimating Projecl Name:WWTP Outlall Replacement improvements PHase
28 -cop
Address:Project Address:1110 Osprey Fomte Avenue Pasco,WA 99301
Contact Phona:
Contac?Fax:
Project Tax Exempt No
Prices Valid Untll:3/15/2023
Quoted By:Mike Tomlinson (“El-7274123 mike lam!inson@americanrockprodumsxorn
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...Building People Who sung Great Things Daily Report of Force Account Worked
Contract Number Date 1Hem Number }Item Name
6-50 :‘
Prim Contractor Subcontraotar /Luwer Tier Subcanlraclor
,
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...Building People Who Build Great Things Daily Report of Force Account Worked
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H.D.FOWLER
_COMPANY_REMIT:PO Box 84368,Seattle,WA 98124
Invoice_
Number I6715922
3633 136m Pl SE,Ste 100,Beilevue,WA 98006
PO Box 160,Bellevue,WA 980090160
Phone 425-654-8800‘Fax 425-641-8885
Pasco Branch
1336 Dietrich Rd
Pasco,WA 99301
PSWH (509)545-0255 Fax (509)54570299
I!015290
0:Ship to:HD Fowler Company -Pascu
TO APOLLOINC Pasco WA 99301anééggoglggsPayabIe
Orderdt lnv Date:Order Writer:
KENNEWICKWA 993360617 08178264 05/30/24 Mason Mahan
Terms:NET 10TH PROX Due:06/10/24 PO/JOB:4"AIR LINE
FOB:H.D.FOWLER Ship Via:WILLCALL PASCO WWTP IMPROVEMENT2
Qty Qty Part it Unlt ExtendedLineShIp'd BO'd UoM Descriptlon Price Price
1 18.25 0 FT 4"CL 52 DI PIPE TJ 1525'LENGTHASPHALTIC 39.780 725.99
COATED ANSI/AWWAC151/A21.51AND CEMENT
LINEDANSI/AWWA0104/A21.4WITHSBR GASKET
2 1 0 EA 4"MJ SLEEVE LONG PATTERN DI,AWWA 0153,89.380 89.38
LESS ACCESSORIES(24 LBS)DOMESTIC
3 2 0 EA 4"MEGA LUG RET GLAND FOFI DI BLACK#1104 32.370 64.74
EBAA
4 2 0 EA 4"GASKET AND T-BOLT sET FOR 0153 MJ 32.370 64.74
FITTINGS DOMESTIC
Sub total 944.85
Freight 000
Tax 0.00
Serving me Pacific Nnnhweslsince 1911 Grand Total 944.85oshwww,hdfowler.comPage 87 of 324
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SUPERVISI
HOUSE KEE
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COLUMELL .
INDUSTRNIAL
-COATINGS
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NWCSIPASCORENTALS#3 Status:
2109 w Frontage Rel/2604w Court St 509-545-4055Phone 'E‘Vmce#:
anOIce Date:Pasco,WA 99301
Date Out:www.nwconstructionsupply.com
Closed
391124-3
Mon 7/29/2024
Mon 1/29/2024 9:23AM
Operator:Rosalva Nava
Terms:45 DaysApolloInc.Phone 509-586-1104
1133 West Columbia Dr
Kennewick,WA 99336 PO #:P198 Job No:P198Wetrulyappreciateyourbusiness!
Ordered By:Josh 509-947-8189 Picked up by:BooneSalesRep:Rosalva Nava rnava@nwconstructionsupplysom
Qty IKey Items Part1:Status ReturnedopecunemMl”Grout 50Ib (Non
Shrlnk)SCMPGBAG 7 v
Sold '$721.05
We truly appreciate your business!
Rental ContractCUSTOMERIsRESPONSIBLEFORFUEL,FLATS,DAMAGES,CLEANUPFEES ANDMUSTCALLEOR&STO STOPRENTALTIMEANDHAVEEQUIPMENTPICKEDUP(WHEN EQUIPMENTIS DELIVERED).CLEANUPFEE(S)AND/ORFUELFEE(S)WILLAPPLYIF EQUIPMENTIs NOTRETURNEDCLEANAND/0RFUELED.I1 OPERATOR/CUSTOMERISRESPONSIBLEFOR DAILYMAINTENANCEOF EQUIPMENT.u A 50%CANCELLATIONFEE WILLBE APPLIED IF RENTALEQUIPMENTIS CANCELLEDWITHIN72 HOUR(PARTY ITEMSNOTINCLUDED).
n A 50%NON-REFUNDABLEDEPOSITWILLBE REQUIREDON ALLPARTVRENTALITEMSAT THE TIMEOF THERESERVATION
Sales:$721.05
'1 CUSTOMERAGREESTO TERMS&CONDITIONSSET FORTHON REVERSESIDE.
Subtotal:
PRINTCUSTOMERNAMEHERE
\
$721.05
MM-
Paid:$0.00Signature:
WM—Boone
Amount Due:$721.05.____........______.__Hours:Mon-Fri7:00 AM-5:00 PM
Modi?cation#2
and On Mon 7/29/2024 9:23:43AM Sollwara by Polnl-oV-RenlalSc?ware www.pclnl-Df4en|al.oom
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Customel
Submittet
Contact
'Acct No.
:1To:
lame:
P;
A
I
428470
|Bidders
stimatinq
A
M
EPR
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I
ERIC
JCTS
l‘"3AM”
Quote Number
Quote Date:
Name:
OCK
0919339-2
2/24/2023
Impr
Page 180 of 324
entire invoiced amOL
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PLEASE SIG
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iasonofthisContrac
I ORIGINAL,RETAINA
approval,this package
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COPY FOR YOUR RE
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the prices quoted.
RIGINALTO SELLER
:rac'l for the work descn
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r’s invoice.Seller m
aiereunderandunder
m the due date (10
“ner agrees to be res
t,with or without suit
n a COD basis.
nts,fees,permits,d
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ibed on Page 2.
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'any Quote
1)at the rate of
ponsible for all
‘,and/or
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Page 181 of 324
AMERICANROCK
PRODUCTS
ACRHCOMPANY
Customer Acct Nor P429506 Quote Number 091444e2
Submitted To:Estimating Quote Date:2/13/2023
Contact Name:Estimating Projecl Name:WWTP Outlall Replacement improvements PHase
28 -cop
Address:Project Address:1110 Osprey Fomte Avenue Pasco,WA 99301
Contact Phona:
Contac?Fax:
Project Tax Exempt No
Prices Valid Untll:3/15/2023
Quoted By:Mike Tomlinson (“El-7274123 mike lam!inson@americanrockprodumsxorn
odu ts described on page subject to the standard Ter 5 and Commlonl m lorth an Plgu1 A 2,
and me specul unma.uonmuons,hxclulmnl Ina ulmlcmon:an rage 4.ms uuule consIsw or rages 1 mmugn 1.
Malerlal Locauon.mum Description PrlcolUnlt 33%;:Units UOM
NI Locahnns WSDOT CDF $115.50 $15.00 ‘00 CV
NI Loca?ans ENVIROMENTAL SURCHARGE $3 00 3 00 D CY
MI Locau'uns FuEL 5U RCHARGEIVarieS $30 00 30 DD 0 EA
ARP -Hanhrd P556 1 1/4"Mmulemshed(Easa CV!)$12.15 16.15 0 VON
ARF -Hospital Svane 1 U1"anslcrnshed(aase cm)“2.15 13 15 0 VON
ARP -Hospital Stone 5/3H TODC0116!512.40 15.40 0 TON
ARV -Hanfom P$&G 5/5"Top Course 512 40 18 45 0 TON
ARP -Hospnal Smile Quarry Spa”!517 50 23 SD 0 TON
ARP -Kioni Slene Quah’y Span!515.10 23.60 1,5?0 TON
ARP -Haniord F559 1-1/2"-3M"Ch‘p/nan spec $14 55 20.55 7,500 TON
ANLuminous ENERGY SURCHARGE/piCst up 390 $0 5!]0.50 U TON
5 ac I Terms C0"Itlons Exclus n:and 518!"IND":
Normal business hours are 7am m4.30 pm Monday»Fnday
Add $5.00 Per Ten to TIT rates il delivered solo Add $250 per [on (a TIT rates ”deliveredsuper Sow
American Rock is a material supplml’,no\a subcontracior
Tms is a plevaillng wage ploject
These prices are subject In cusiomary charges for minlmum Inads‘(ruck lime and Iaxes
Overtime charges will be applied after 4'30pm
Normal business hours are 7am Io 4'30 pm Manday-Friday
All concrele deliveries include free uniDading lime orseven minutes Per CV
Additional charges B?er [res unloading lime -MSG/hr
Conaele Minimum Delivery Charge-(less “13"4 yards)—$150.00 per load
Engineer Approval Required
EnvirunmenlalSurcharge of $3‘00ICY added to concrete quoted price
Fuel Surcharge will be added per load using www.eia guv/petroleumlgasdlesel West Coast less Calilornia "U S.OnrHighway Diesel Fuel Prices
updated weekly,
Scheduling V‘?llBe High Priurily (or American Rack Fmdunls lo Successluily Service This Project two-week ?rm orders and minimal clean up
required.
Due To Volatile Industry Raw Material Pricing Project Prices Can Not Be Protected.
All prices are inclusive
Page-1-cf2
Page 182 of 324
Invoice
Date Invoice #
12/20/2024 8435
Bill To
Apollo 1ch
PO.Box 7305
Kennewick,WA 99336
3120 Travel Plaza Way
Pasco,WA 99301
509430-7609 Of?ce
509645-511]Fax
mindi@crfmetaiworks.com
P.0.Number Terms Rep
P198 Net 30 WE
Job #Item Code Description Amount
Jobv‘MEM Labor QTY (5)6”Bo?mds 1,635.00
Labor QTY (22)Dome Caps 5,985.00
Payments/C redits moo
Payments will he considered delinquem 30 days after issue date and will be Totalcharged,CRF‘s service charge IS I 1/2%per month which is 18%annual rale.397/5200"
Balance Due $7.620‘ou
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Apia;
...Bui/ding People Who Build Great Things Daily Report of Force Account Worked
Central:Number Dale ‘‘JtamNumbelIIn Name
[,OP V‘M‘I’P ?bula-)6EMM Wm:A‘s-/Prime entralcsn ‘
Submnlrac?rj?rerherS
ubcontractor
Line /Station Gmupi?r Basisof M ‘ena‘Acceplam‘e RAMSNumberNRUASGWMlbkVMMUWWi
Descripuun of Work Perfumedbug!?'[2PM M41416V’91):;lid L160”WP/?+745me:11?th
Time Worked Record
WorkelsandlorEquipmonl OccupatiunofWorkers or [*me Reg.0.1.A ‘Working EqulpmentSize Reg.O‘T.Rate Rm ’“°“"
1 .1mm(3/244 I ,,
mum:My:a T3 1th v1,
'
W
s +5mm 2n,‘lL
15
16
17
1E
19
20
Calculated By |name Chemeu Ey \Daze [Total
Ledger Entry Number Enteved By I Date Entry Veri?ed [Dale
lnspectur‘s Signalun:Convector:I ?x.“Tme 5:qu
Page 188 of 324
H.D.FOWLER
COMPANY
REMIT:PO Box 84368‘Seattle.WA 93124
233”"9l6629204
Corporate Office
3633136th Pl SE‘Ste 100‘BellevuelWA same page 1 on
PO Box 160,Bellevue‘WA 95009-0160
Phone 425654-8600 ‘Fax 425641-8885
Pascn Branch
1336 DietrichRd
Fascc,WA 99301
(509)545-0255 Fax (509)545—0299
T°=APOLLO INC
Attn:Accounts Payable
PO Box 7305
KENNEWICK WA 99336-0617
Ship to:HD Fowler Company -Pasco
1336 Dietrich Rd
Pasco WA 99301
Orderlt nv Date:Order Writer:(509)586—1104 08073883 rt)2/22l24MasonMahan
Terms:10P+30 Ship Via:POIJOE:4"CUT IN -NON POTABLE WAT
FOB:H.D.FOWLER WILLCALL
Qty Qty Farm Unit Extended T
Line Ship'd BO’d UoM Description Price Price X
2 2 EA IFC11MMLD 106.37—212.74
4"MJ SLEEVE LONG PATTERN DI,AVWVAC153.
LESS ACCESSORIES (24 LBS)DOMESTIC
7 4 EA IFZ1D 27.75 111.00
4"COMPACT BODY MJ ACCESSORIES KIT
DOMESTIC COMPLETE WITHGLAND.GASKET
AND (4)3/"X 34/"T-BOLTS
8 4 EA IFGMI1 12.03 48.12
4"MJ X IPS TRANSITION GASKET
5 20 FT szoooe 4‘64 92-50
4"CLZOOSDR21 IPS GASKETED PVC PIPE 20‘
LENGTH
6 1 EA MSCOMMENT -INC —
Misc Comment CUT PIPE IN HALF AT 10'LENGTH
RICK
Serving the Pacifk Nurthwes!since 1911
www.hdfowler,com
Sub total
Freight
Tax
Grand Total
464.66
464.66
Page 189 of 324
Aye)
w m?uilding People Who Build Great Things Daily REpOI't of Force Account Worked
Canuad Number Da8xeItem Number Item Name
'
n \’-8'5 EMVA’MQ Uk\h;00 05
PH Contractor Subwnlracwrl Lower Tlel SubcontractorIX”,0 LQC/
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7
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16
17
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19
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w»»816461
F
Page 190 of 324
Cover Letter HDFowler Estimate 1
APOLLOINC Estimate:13562657
Bid Date:8/6/24
Customer:
H.D.FOWLER
COMPANY
Line Qty UoM Item Description Unit Price Extended Price
1 1 EA IFPZMID 6"MJ PLUG DI,SSB,AWWA Cl53.LESS ACCESSORIES [18 LBS)108.22 108.22
DOMESTIC
Approximate Total 108.22
Page 191 of 324
@139
.‘.Building People Who Build Great Things Daily Report of Force Account Worked
Contract Number Date Item Number Name
3—7”LL!66‘M006 ABANDONEDL"D5
Fume nlracmr
cl 30L
7
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Q EquipmentWatc
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Owner:City of Pasco Owner’s Project No.:21237A
Engineer:Consor Engineer’s Project No.:19-2692
Contractor:Apollo,Inc.Contractor’sProject No.
Project:City of Pasco 21237A WWTP Improvements Phase
Date Issued:Effective Date:
Contractor is directed to proceed promptly with the following change(s):
Descri tion:Remove valve and piping back to 6-inch NPW line and install piping with two
restrained long sleeves.Typical of two.
Screenshot from C-104 circling the areas of work
Work Change Directive
Pur ose for the Work Chan e Directive:Cleanup buried piping in the road and remove valve that
will not be used in the future,protect bank that was undermined and not impede schedule due to
piping work and surface restoration in the future.
Directive to proceed promptly with the Work described herein,prior to agreeing to change i
Contract Price and Contract Time,is issued due to:
Notes to User—Checkone or both the following
El Non-agreement on pricing of proposed change.IZINecessity to proceed for schedule or other
Page 195 of 324
0%
?g
Approved by Ecolog
Engineer Authorized by Owner Technical Reviewer
El Lump Sum El Unit Price D Cost of the Work D Other
not yet estimated.
not yet estimated.
Price:
Contract Time:clay
Approved by Ecolog
Contract Project
Manager
Engineer Enqn‘mer
Work Change Directive
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ane Contractor
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Time Worked Record
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Page 214 of 324
1
Summary of WWTP Phase 2A Improvements Change Order No. 3 Items (Amounts w/o Tax Included)
· CPR 016 – 4-inch Dewatering Centrate Plug Valve (add of $8,707.29): Installa on of a new
buried mechanical joint 4-inch plug valve was requested by plant opera ons staff for provision of
isola on of the dewatering centrate pipeline to accommodate maintenance tasks. No addi onal
working days included.
· CPR 018 – Solids Handling Building Loadout Drain Addi8on (add of $9,535.60): Addi on of a
storm drain catch basin and pipeline connec on to the new catch basin manhole in the solids
handling building loadout wall area was requested by plant opera ons staff. This will allow for
proper stormwater runoff collec on from the area in ques on. No addi onal working days
included.
· CPR 020 – Hydraulic Backdrive Drains (add of $16,972.62): 4-inch drain connec ons are being
added to each solids dewatering and thickening centrifuge hydraulic backdrive loca on. This
plumbing addi on was requested by the design team based on the centrifuge manufacturer’s
recommenda ons for proper system func onality. No addi onal working days included.
· CPR 026 – Temporary Air Pipe Repair (add of $2,548.53): During excava on for the new
electrical transformer vaults, a sec on of exis ng 4-inch low pressure air pipe showing signs of
material degrada on and leakage was discovered. This change includes replacement of
approximately 18 lineal feet of duc le low pressure air pipe to avoid future loss of cri cal
process aera on air supply. All work was tracked under Time and Materials to determine costs.
No addi onal working days included.
· CPR 028 – Water Filter for Centrifuge Hydraulic Backdrive (add of $1,460.72): Per the centrifuge
manufacturer’s recommenda ons, the water supply connec on to each hydraulic backdrive
requires a 50–100-micron filter. This change includes installa on of four (4) water filter units to
ensure proper func onality of the centrifuge systems. No addi onal working days included.
· CPR 029 – Solids Handling Building Vent Piping (deduct of $9,564.42): Exposed sanitary waste
and vent piping material was originally specified as cast-iron soil pipe. The Contractor proposed a
Value Engineering (VE) op on to change this pipe material to PVC, which resulted in a project
cost savings. No addi onal working days included.
· CPR 030 – Waste Ac8vated Sludge (WAS) Pump Electrical (add of $11,271.35): The WAS pumps
procured for the project have a larger motor size than what was specified in the design. This
change addresses upsize in electrical supply components for the WAS pumps. No addi onal
working days included.
· CPR 032 – Solids Handling Building Sink (add of $8,102.83): Plant opera ons staff requested
addi on of a free-standing stainless-steel u lity sink with electric mini hot water heater to
Page 215 of 324
2
provide a place to clean equipment and for handwashing in the solids handling building. No
addi onal working days included.
· CPR 034 – Handrail (add of $9,121.76): This change addresses the need for a new safety handrail
on the retaining wall near the exis ng caus c soda and lime silo systems. The ground eleva on
was significantly lowered near the retaining wall due to Phase 1 surface restora on being
transferred to Phase 2A. No addi onal working days included.
· CPR 036 – Process Pipe Coa8ng Change (add of $6,588.34): Plant opera ons staff requested
that pipe coa ng be applied to the duc le iron pipe being installed in the centrate tank system.
The original design did not include protec ve coa ng for this process pipe in a poten ally
corrosive environment. No addi onal working days included.
· CPR 038 – Door Safety Chain (add of $826.92): The elevated doors in the solids handling
building and centrate pump sta on require safety chains across the opening to alert opera ons
staff of the open doors. Costs include installa on of two ¼-inch yellow coated steel chains and
moun ng hardware. No addi onal working days included.
· CPR 039 – Centrate Tank Infiltra8on Correc8on (add of $8,876.58): This change addresses
concrete crack repair a9er it was observed that the exis ng clarifier tank repurposed for
centrate process water storage shows signs of water infiltra on a9er rain events. No addi onal
working days included.
· CPR 041 – Heat Pump Bollards and Sidewalk (add of $4,714.97): This change incorporates an
addi onal four (4) feet of sidewalk and two (2) bollards to be installed at the north side of the
new solids handling building to protect the new heat pump equipment from poten al vehicle
contact in a low visibility area. No addi onal working days included.
· WCD 001 – Valve Cleanup and Removal (add of $2,739.55): While performing contract
demoli on work required for some of the exis ng buried u li es, an abandoned valve was
discovered under an access roadway. This change direc ve address removal of the valve and
piping iden fied under the roadway. All work was tracked under Time and Materials to
determine costs. No addi onal working days included.
· WCD 002 – Trench Drain (add of $12,466.35): This change direc ve addresses modifica on of
the solids handling building drain system to include trench drains instead of individual floor
drains not typically used for process equipment spaces. All work was tracked under Time and
Materials to determine costs. No addi onal working days included.
· WCD 003 – Centrate Tank Hydrant (add of $8,080.64): Plant opera ons staff requested the
installa on of an addi onal yard hydrant and appurtenances at the centrate tank to be;er
accommodate tank cleaning and maintenance. All work was tracked under Time and Materials to
determine costs. No addi onal working days included.
Page 216 of 324
March 10, 2025
Pasco City Council
Workshop Meeting
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WWTP Phase 2A –Change
Order No. 3
March 10, 2025
Pasco City Council
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WWTP Phase 2A Improvements Update
3
Construction Activities
❑Approximately 80% complete as
of February 2025.
❑Dewatering and thickening
equipment startup in progress
with partial turnover to WWTP
Operations anticipated in March
2025.
❑Anticipated project completion
in Q4 2025
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WWTP Phase 2A Construction Costs
4
Contract Items Cost
Engineer’s Estimate $19,273,122.00
Bid Award $13,996,917.00
Change Orders No. 1 and No. 2 $ 238,882.61 (1.7%)
Change Order No. 3 $ 111,567.65 (+0.8%)
New Contract Amount $14,347,367.26
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WWTP Phase 2A Change Order No. 3
5
The proposed Change Order No. 3 adds $111,567.65 (including sales tax) to the project and
brings the total construction contract amount to $14,347,367.26. The proposed Change Proposal
Requests (CPRs) and Work Change Directives (WCDs) line items within Change Order No. 3 are
summarized below:
❑ CPRs – Summarized in Agenda Packet Attachment 1 (Add of $79,163.09 w/o tax)
❑ WCDs – Summarized in Agenda Packet Attachment 1 (Add of $23,286.54 w/o tax)
❑ Sales Tax – (Add of $9,118.02)
Each CPR and WCD was verified as necessary additions, or deducts in some cases, and
negotiated with the Contractor. They were found to be reasonable by both City Staff and the
Consultant/Construction Management (CM) team.
Staff recommends approval of Change Order No. 3.
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AGENDA REPORT
FOR: City Council March 4, 2025
TO: Dave Zabell, Interim City Manager City Council Workshop
Meeting: 3/10/25
FROM: Dave Zabell, Interim City Manager
City Manager
SUBJECT: Resolution - Fourth Amended and Restated Interlocal Agreement with
Benton staff minute (7 County Services Emergency (BCES)
presentation)
I. ATTACHMENT(S):
Resolution
Redlined Interlocal Agreement
Clean Draft Interlocal Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
NA
IV. HISTORY AND FACTS BRIEF:
Benton County Emergency Services (BCES) was created in 1996 pursuant to
interlocal agreement.
The City initiated collaboration with Franklin and Benton Counties, along with
the cities of Kennewick and Richland, in 2007 to consolidate the two Public
Safety and jurisdictions these other (PSAPs) Points Answering serving
agencies in the Tri-Cities region. A significant milestone in this effort occurred
in June 2017 when the Pasco City Council approved the Transition and Buy-In
Agreement, marking the first formal step in the consolidation process. The
approval of the agreement, along with a one-time $500,000 capital contribution,
secured full voting partnership status for the City of Pasco.
BCES provides public safety and emergency dispatch services to jurisdictions
across and incorporated and unincorporated areas of Benton Franklin
Page 223 of 324
Counties, as well as to agencies contracting for these services. The current
interlocal agreement governs the maintenance and operation of existing capital
assets on a project-by-project basis. Any new capital project shared among
member agencies requires an amendment to the agreement.
At the December 9, 2024, Special Council Meeting, City Council approved the
Funding Agreement with Benton County Emergency Services (BCES) for the
financing of the 800 MHz Radio Project (agenda report). Approval of that
agreement a timely, discounted expansion of the radio system, ensured
communications. public The services and benefitting safety emergency
execution of that agreement necessitates an amendment to the Interlocal
Agreement for BCES to account for ownership of the new 800 MHz Radio
System expansion. Additionally, this restated ILA addresses recent State Law
changes with respect to how agencies respond to public records requests for
911 records held by BCES.
The proposed Fourth Amended and Restated Interlocal Agreement for BCES
formalizes ownership of the new 800MHz Radio system and updates the
regional public records process to comply with recent and applicable court
decisions. The BCES Executive Board approved the proposed agreement
during its December 12, 2024 meeting.
V. DISCUSSION:
Staff recommends approval of the attached Resolution and to Council
authorize the Interim City Manager to execute the Fourth Amended and
Restated Interlocal Agreement for Benton County Emergency Services as
presented at the March 17, 2025, meeting.
Page 224 of 324
Resolution – 4th Amended and Restated BCES ILA - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A FOURTH
AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR BENTON
COUNTY EMERGENCY SERVICES.
WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political
subdivisions to jointly exercise their powers, privileges, or authorities with other political
subdivisions of this State through the execution of an interlocal cooperative or interagency
agreement; and
WHEREAS, RCW 38.52.070 authorizes and directs each county, city and town within the
State of Washington to establish a local organization for emergency management in accordance
with the State Emergency Management Plan and Program, and permits the State Director of
Emergency Management to authorize two or more counties, cities and towns to join in the
establishment and operation of a local organization for emergency management; and
WHEREAS, in 2017, Franklin County and the City of Pasco transitioned their dispatch
services to Benton County Emergency Services (BCES) and became member agencies of BCES
(the “New Partners”); and
WHEREAS, BCES has established a digital 800MHz radio system that provides and will
continue to provide viable public safety communications for many years into the future; and
WHEREAS, Franklin County and public safety agencies within that County have
historically operated under a separate microwave system exclusively located in Franklin County;
and
WHEREAS, the cities of Kennewick, Richland and Pasco, and the counties of Benton and
Franklin desired to acquire a bi-county microwave system equally owned and funded by the five
(5) member agencies; and
WHEREAS, the cities of Kennewick, Richland and Pasco, and the counties of Benton and
Franklin entered into a finance agreement in December 2024 to split the cost of the 800MHz Radio
Project; and
WHEREAS, on December 12, 2024, the BCES Executive Board, voted to recommend
approval of the Fourth Amended and Restated Interlocal Agreement to the respective member
agencies’ legislative authorities; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the Fourth
Amended and Restated Interlocal Agreement for Emergency Services with BCES along with
Franklin County, Benton County and the City of Kennewick, Richland, West Richland, Prosser,
Page 225 of 324
Resolution – 4th Amended and Restated BCES ILA - 2
Benton City and Benton County Fire Protection District Nos. 1, 2 and 4, all of which are
Washington special purpose districts.
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 Fourth
Amended & Restated Interlocal Agreement for Benton County Emergency Services 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 Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of
the City of Pasco.
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 ______,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 226 of 324
Third Fourth Amended and Restated BCES Interlocal (2024)
Page 1
WHEN RECORDED RETURN TO:
City of Richland
Attn: City Attorney
625 Swift Boulevard MS-07
Richland, WA 99352
THIRD FOURTH AMENDED AND RESTATED
INTERLOCAL AGREEMENT FOR BENTON COUNTY EMERGENCY SERVICES
THIS THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT is made and
entered into by and between the following entities (each one a “Member Agency” and collectively,
the “Parties”):
Benton County, a political subdivision of the State of Washington;
Franklin County, a political subdivision of the State of Washington;
City of Kennewick, a Washington municipal corporation;
City of Richland, a Washington municipal corporation;
City of West Richland, a Washington municipal corporation;
City of Prosser, a Washington municipal corporation
City of Benton City, a Washington municipal corporation;
City of Pasco, a Washington municipal corporation; and
Benton County Fire Protection District Nos. 1, 2, and 4, all of which are Washington special
purpose districts.
I. RECITALS
WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes public
agencies to make the most efficient use of their powers by enabling them to cooperate with each
other based on mutual advantage, and to collectively exercise the rights and powers they hold
individually through the execution of an interlocal cooperative agreement; and
WHEREAS, RCW 38.52.070 authorizes and directs each county, city and town within the
State of Washington to establish a local organization for emergency management in accordance
Page 227 of 324
Third Fourth Amended and Restated BCES Interlocal (2024)
Page 2
with the State Emergency Management Plan and Program, and permits the State Director of
Emergency Management to authorize two or more counties, cities and towns to join in the
establishment and operation of a local organization for emergency management; and
WHEREAS, Benton County Emergency Services (“BCES”) is such a local organization
created in 1996 pursuant to the Interlocal referenced in Section 7, and the Parties to this Agreement
wish to continue that organization under the terms of this Third Amended and Restated Interlocal
Agreement; and
WHEREAS, in addition to emergency management services, Benton County Emergency
Services, through establishment of the Southeast Communications Center, has also provided
communication and dispatching for public safety and emergencies for some jurisdictions located
in incorporated and unincorporated Benton County, and for any agencies contracting for such
services; and
WHEREAS, the cities of Kennewick, Richland, West Richland, Prosser, Benton City,
Benton County and Benton County Fire District Nos. 1, 2 and 4, and with limited participation by
Benton County Public Utility District #1 (“Benton PUD”) (collectively, the “Existing Partners”)
provided county-wide operation of emergency dispatch services under the terms of the First
Amended and Restated Interlocal Agreement until 2017; and
WHEREAS, in 2017, Franklin County and the city of Pasco transitioned their dispatch
services to Benton County Emergency Services and became member agencies of BCES (the “New
Partners”); and
WHEREAS, the Existing and New Parties have operated BCES pursuant to the Second
Amended and Restated Interlocal Cooperation Agreement for Benton County Emergency Services
recorded with the Benton County Auditor on July 2, 2018 (“2018 BCES Interlocal Agreement”);
and
WHEREAS, on April 3, 2024, Benton PUD no longer desires to be a member agency of
BCES and has submitted written notice of its immediate withdrew withdrawal, to which the parties
hereto consent through eas a member agency through execution of this the Third Amended and
Restated Interlocal Agreement for Benton County Emergency Services (“2024 BCES Interlocal
Agreement”); and
WHEREAS, the remaining BCES member agencies intend to continue the provision of bi-
county dispatch services under this Fourth Amended and Restated Interlocal Agreement, and now
intend to provide bi-county operation of emergency dispatch services, with each Party participating
to the extent identified herein; and
WHEREAS, BCES has established a digital 800MHz radio system that provides and will
continue to provide viable public safety communications for many years into the future; and
Page 228 of 324
Third Fourth Amended and Restated BCES Interlocal (2024)
Page 3
WHEREAS, Benton County, the cities of Kennewick and Richland, and Benton PUD have
historically provided a single microwave system exclusively located in Benton County (hereinafter
the “Former (pre-2024) Benton County Microwave System”); and
WHEREAS, Franklin County and public safety agencies within that county have
historically operated under a separate microwave system exclusively located in Franklin County
(hereinafter “Franklin County Microwave System”); and
WHEREAS, the cities of Kennewick, Richland and Pasco, and the counties of Benton and
Franklin desire to are currently acquiringe a bi-county microwave system equally owned and
funded by the five (5) member agencies; and .
WHEREAS, similar to the efforts related to a bi-county microwave system, the cities of
Kennewick, Richland and Pasco, and the counties of Benton and Franklin, desire to acquire
additional towers and radios to create a bi-county 800MHz system equally owned and funded by
the five (5) member agencies.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and in
accordance with RCW 39.34, RCW 38.52 and Section 8 of the 2018 2024 BCES Interlocal
Agreement, the Parties hereto agree to this Third Fourth Amended and Restated Interlocal
Agreement as follows:
II. AGREEMENT
1. INCORPORATION OF RECITALS
The recitals set forth above are hereby incorporated into this Agreement by reference.
2. PURPOSE
The purpose of this Agreement is to provide for the effective and economical operations of Benton
County Emergency Services (BCES), a local administrative entity and joint venture between the
above-referenced Parties (also referred to as the “Organization”).
3. ORGANIZATIONAL STRUCTURE
Benton County Emergency Services consists of two (2) divisions: Benton County Emergency
Management (BCEM) and Southeast Communications Center (SECOMM).
A. General. The Organization shall consist of an Executive Board, Strategic Advisory Team,
Customer Agency Groups and various committees as created by the Executive Board.
1. Appointment of Administrative Jurisdiction; Duration. An Administrative Jurisdiction
Page 229 of 324
Third Fourth Amended and Restated BCES Interlocal (2024)
Page 4
shall be designated by the Executive Board. The Administrative Jurisdiction shall serve
unless or until such service is terminated by the Executive Board, or until the
Administrative Jurisdiction withdraws after having provided a minimum of nine (9)
months’ written notice of intent to withdraw. The City of Richland is currently designated
as the Administrative Jurisdiction. All employees staffing BCES shall be employees of the
Administrative Jurisdiction.
2. Duties of Administrative Jurisdiction. The Administrative Jurisdiction shall have full
responsibility for the operation of the Organization, and shall provide all necessary
administrative support for the Organization. The Administrative Jurisdiction shall perform
its duties pursuant to a contractual agreement with Benton County Emergency Services
that shall automatically renew every five (5) years, subject to any renegotiations between
the Administrative Jurisdiction and the Executive Board. The Administrative Jurisdiction
shall appoint a BCES Director, which appointment shall be subject to confirmation by the
Executive Board. The BCES Director shall be removed only at the direction of the
Administrative Jurisdiction.
3. Governing Policies. BCES shall follow the policies established by the Administrative
Jurisdiction for all efforts related to Finance, Human Resources, Legal, Risk & Safety, and
Purchasing. To ease future transition between Administrative Jurisdictions, BCES shall
operate and maintain an independent email system.
B. Executive Board Duties; Membership; Voting. The Executive Board shall be the governing
body of the administrative entity known as Benton County Emergency Services, and shall be
responsible for approving BCES-specific policies, contracts, the annual budget, and
confirmation of the Administrative Jurisdiction’s appointment of the BCES Director. The
Executive Board shall also be responsible for ensuring the Parties’ compliance with the legal
requirements of Ch. 38.52 RCW.
1. Subject to the voting procedures and restrictions set forth herein, the Executive Board shall
consist of one representative from the Benton County Commissioner's Office, one
representative from the Franklin County Commissioner's Office, one representative from
each of the cities of Kennewick, Richland, Prosser, West Richland, Benton City, and Pasco,
and a single representative collectively representing Benton County Fire Protection District
Nos. 1, 2 and 4.
2. Whenever they are entitled to vote, Benton County, Franklin County and the cities of
Kennewick, Pasco and Richland shall be allowed two (2) votes each. Whenever they are
entitled to vote, West Richland, Prosser and Benton City shall have one (1) vote each.
Whenever they are entitled to vote, Benton County Fire Protection District Nos. 1, 2 and 4
shall collectively share a single vote.
3. A simple majority of the number of members of the Executive Board shall be a quorum,
Page 230 of 324
Third Fourth Amended and Restated BCES Interlocal (2024)
Page 5
and a simple majority of votes shall prevail unless otherwise set forth herein.
4. The following are the only representatives authorized to vote on matters associated with
Southeast Communications Center (SECOMM):
• Representatives for the cities of Kennewick, Richland, Pasco, West Richland* and
Prosser*;
• Representatives for the counties of Benton and Franklin;
• The representative for Benton County Fire Protection District Nos. 1, 2 and 4
casting a single vote for the three (3) entities.*
*Note: No future contracted subscribers to SECOMM shall be entitled to vote.
5. The following are the only representatives authorized to vote on matters associated with
the Former (pre-2025) 800MHz system:
• Representatives for the cities of Kennewick and Richland;
• The representative for the county of Benton.
6. The following are the only representatives authorized to vote on matters associated with
the future operation and maintenance of the new Benton-Franklin 800MHz system and
related funding (acquired after the execution hereof):
• Representatives for the cities of Kennewick, Pasco and Richland;
• The representatives for the counties of Benton and Franklin.
6.7.The following are the only representatives authorized to vote on matters associated with
operation and maintenance of the Former (pre-2024) Benton County Microwave System
and related funding:
• Representatives for the cities of Kennewick and Richland;
• The representative for the county of Benton;
7.8.The following are the only representatives authorized to vote on matters associated with
the future operation and maintenance of the new Benton-Franklin County Microwave
System and related funding (acquired after the execution hereof):
• Representatives for the cities of Kennewick, Pasco and Richland;
• The representatives for the counties of Benton and Franklin.
8.9.The following are the only representatives authorized to vote on items associated with
Benton County Emergency Management (BCEM):
• Representatives for the cities of Kennewick, Richland, West Richland, Prosser
and Benton City;
• The representative for the county of Benton.
9.10. For items not specifically associated with the Former (pre-2024) Benton County
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Microwave System, the new Benton-Franklin Microwave System, the 800 MHz system,
Southeast Communications Center, or Benton County Emergency Management, all
representatives may vote.
10.11. A representative may send a delegate to vote by proxy in his or her absence..
C. Strategic Advisory Team. Working directly with BCES leadership, the Strategic Advisory
Team (SAT) will assist in developing strategies for addressing issues such as establishing
standardized procedures and incorporating changes in technology. To facilitate the policy-
making role of the Executive Board, it may assign to the SAT certain policy reviews, projects,
and tasks. The Strategic Advisory Team may consist of one (1) representative from each of the
following:
• Kennewick Fire Department • Connell Police Department
• Kennewick Police Department • Connell Fire Department
• Richland Police Department • Pasco Police Department
• Richland Fire Department • Pasco Fire Department
• West Richland Police Department • West Benton Fire and Rescue
• Benton County Sheriff's Office • North Franklin County Hospital District
• Franklin County Sheriff’s Office • City of Prosser
• Franklin County Fire Protection
Districts 1, 2, 3, 4 & 5 (1 Rep)
• Benton County Fire Protection Districts 1,
2, 4, 5 & 6 (1 Rep)
The SAT representative will be the agency Chief or Sheriff and a senior level executive from
the City of Prosser.
D. Customer Agency Group. The Customer Agency Group (CAG) is established to allow
customers of BCES to communicate suggestions, ideas, or concerns regarding service,
operational policies, and/or procedural issues. The CAG will be comprised of two divisions :
Law Enforcement and Fire/EMS. Each division will elect a chairperson to represent the
concerns of their division to the BCES Director or at joint CAG meetings. The Customer
Agency Group may consist of one (1) representative from each of the following:
• Kennewick Police Department • Connell Police Department
• Kennewick Fire Department • Connell Fire Department
• Richland Police Department • Pasco Police Department
• Richland Fire Department • Pasco Fire Department
• West Richland Police Department • West Benton Fire and Rescue
• Benton County Sheriff's Office • North Franklin County Hospital District
• Franklin County Sheriff’s Office • City of Prosser Police Department
• City of Benton City • Benton PUD
• Franklin County Fire Protection
Districts 1, 2, 3, 4 & 5 (1 Rep)
• Walla Walla Fire Protection District 5
• Benton County Fire Protection Districts 1,
2, 4, 5, & 6 (1 Rep)
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1. Issues that impact only one division will be communicated to the BCES Director from the
chair of the division. Any recommendations made by either division must be approved by
a majority of the agencies before they can be submitted to the Director for consideration.
Items for which there is no majority support will require the use of the agency input
process.
2. Should an issue be relevant to both divisions, a meeting may be called by the BCES
Director or either division chairperson. Attendees to such meeting will be limited to the
BCES Director, the SECOMM Communications Managers and/or Emergency
Management Manager, and both division chairpersons.
3. Working groups or sub-committees may be created by either division to address
operational issues for which operational-level employees or subject matter experts should
be involved. These groups and/or sub-committees will report directly to their division
chairperson. Additionally, to expedite the development of recommendations that are sound
and have the greatest likelihood of success, recommendations will be vetted with a senior
subject matter expert dispatcher for additional input. The dispatcher would have no vote in
the process of moving forward with an issue.
E. BCES Director. The Director, under direction of the Administrative Jurisdiction, shall maintain
and operate Benton County Emergency Services, and shall be responsible for the
implementation of the directives of the Executive Board and the policies and procedures of the
Executive Board or the Administrative Jurisdiction, as the case may be. The Director shall be
responsible for developing, organizing, and coordinating emergency preparedness planning,
training and implementation. The Director shall be responsible for organizing, developing and
coordination of E-911 and bi-county communication systems, and shall have such other duties
and responsibilities as the Administrative Jurisdiction designates from time to time.
4. FINANCES
Benton County Emergency Services maintains separate funds consisting of:
• One (1) fund for Benton County Emergency Management;
• One (1) fund for Southeast Communications Center;
• One (1) fund for the acquisition, maintenance and operation of the Benton-Franklin
County 800MHz System.
• One (1) fund for the acquisition, maintenance and operation of the Former (pre-2025)
Benton County 800MHz System (to be retired once the Benton-Franklin 800MHz system
is fully operational); and
• One (1) fund for the acquisition, maintenance and operation of the Benton-Franklin
County Microwave System.
• One (1) fund for maintenance and operation of the Former (pre-2024) Benton County
Microwave System (to be retired when the system is fully decommissioned).
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These funds are maintained and administered by the Administrative Jurisdiction in lieu of the
Treasurer of the City of Kennewick, the most populous entity. All monies received for the benefit
and use of Benton County Emergency Services, including financial contributions by the Parties to
this Agreement in accordance herewith, shall be deposited into the appropriate fund.
A. Benton County Emergency Management (EM Operations) Fund. Except for, Pasco, and
Franklin County, each Party to this Agreement shall contribute to the cost of emergency
management operations upon such fair and equitable basis as shall be determined by the
Executive Board. If, in any case, the Executive Board is unable to agree upon the proper
contributions by the Parties hereto, the decisions shall be referred to the State Emergency
Management Council for arbitration, and the Council's decision shall be final and binding upon
the Parties hereto. Except for Franklin County and Pasco, each party shall pay its share of the
cost of emergency management into the Benton County Emergency Management Fund which
is maintained and administered by the Administrative Jurisdiction. The Executive Board shall
have the authority to proportionately levy, by percentage of total operating budget
responsibility, additional fees to cover unexpected liabilities, including uninsured civil
judgments. If the cost overrun or liability is the result of a single agency, the entire cost will
be borne by that agency.
B. Southeast Communications Center (SECOMM Operations) Fund. SECOMM shall be financed
by the proceeds of a telephone excise tax that shall be imposed at the same rate by both Benton
and Franklin counties, an annual levy upon the Parties, except City of Benton City, and by
contract fees paid by contracting agencies as determined by the Executive Board. Each Party
hereto shall contribute its share of the costs of the typical and customary operation and
administration of SECOMM as established by the Executive Board. Such contributions shall
be determined annually by the Executive Board for inclusion in the Parties' annual budgets.
The assessment for any user or member entering SECOMM mid-budget year shall be
determined by the Executive Board and pro-rated relative to the months of service remaining
in the existing budget year. Funding models for SECOMM budgets shall be determined by the
Executive Board. Assessments shall be paid in periodic installments on a schedule determined
by the Executive Board. In the event an unforeseen exigent circumstance or uninsured civil
judgment results in costs to the Organization in excess of the budgeted expenses for operation
and administration, the Executive Board is authorized to proportionately levy, by percentage
of total operating budget responsibility, additional fees to cover the unexpected liability. Such
excess costs shall be promptly remitted, upon demand, to Benton County Emergency Services.
If the cost overrun is solely attributable to a single agency’s action or inaction, the entire cost
overrun shall be borne by that agency.
C. 800MHz Fund. The Former (pre-2025) 800MHz Fund shall be used for the maintenance and
operation of any the pre-2025 800MHz radio system, whether analog or digital, utilized by
BCES (locations include BCES, Badger Mountain, Joe Butte, Sillusi Butte, Golgotha Butte,
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Prosser Butte, Rattlesnake Mountain, Red Mountain) until such time as the Benton-Franklin
800MHz System is constructed and operational. At such time, any funds remaining in the
Former (pre-2025) 800MHz Fund shall be transferred to the new Benton-Franklin 800MHz
Fund. The Executive Board is authorized to levy annual radio assessments upon all Parties who
use radios under the Former (pre-2025) 800MHz system, and to impose contract fees upon any
contracting agencies for use of the same. Assessments shall be determined annually by the
Executive Board for inclusion in the Parties’ annual budgets. Assessments shall be paid in
periodic installments on a schedule determined by the Executive Board. In the event an
unforeseen exigent circumstance or uninsured civil judgment results in costs to the
Organization in excess of the budgeted expenses for operation and administration of the
Former (pre-2025) 800MHz system, the Executive Board is authorized to proportionately levy,
by percentage of the Parties’ total 800MHz operating budget responsibility, additional fees to
cover the unexpected liability. Such excess costs shall be promptly remitted, upon demand, to
Benton County Emergency Services. If the cost overrun is attributable solely to a single
agency’s action or inaction, the entire cost overrun shall be borne by that agency.
In order to improve coverage of the Former (pre-2025) 800MHz radio system maintained and
operated by BCES in certain areas of unincorporated Benton County, one (1) communication
site on Red Mountain will be constructed consisting of a trunked simulcast repeater; one (1)
microwave; an equipment shelter; a tower; a generator; a fuel tank; and batteries (the
“Communication Site”). To integrate the new Communication Site into the existing system,
the Golgotha ASTRO 25 Repeater Site must be upgraded with certain hardware, software and
services (the “Golgotha Upgrade”). To facilitate construction of the Communication Site and
the Golgotha Upgrade, Benton County has satisfied its commitment to provide BCES, by and
through its Administrative Jurisdiction, Three Million Dollars ($3,000,000) for BCES to
purchase and install the Communication Site and Golgotha Upgrade Benton County further
agrees to directly pay the costs of easement acquisition, design, and construction of a means
of ingress and egress, along with provision of utilities (specifically electric) to a parcel agreed
upon by Benton County on which the Communication Site will be located. All operational
costs of the Communication Site shall be paid by the Parties hereto in the same manner as other
operational costs paid from the 800MHz fund.
The Administrative Jurisdiction is responsible for compliance with applicable procurement
laws respecting the purchase and installation of the Communication Site and Golgotha
Upgrade. Benton County is responsible for compliance with applicable procurement laws
respecting the access easement to the Communication Site.
The Administrative Jurisdiction agrees to maintain the deposits from Benton County in an
interest bearing account, and interest will accrue to the benefit of BCES and may be expended
on the Communication Site. The Administrative Jurisdiction will continue send to Benton
County a written summary of the expenses incurred for the purchase and installation of the
Communication Site every thirty (30) days until the Communications Site is completed.
Within thirty (30) days of release of retainage to the contractor for the Communication Site
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work, the Administrative Jurisdiction will return to Benton County the balance of all deposits
made by Benton County for the Communication Site that were not expended.
Parties to this Agreement who use the 800MHz system will continue to contribute to its
operation and maintenance costs, including costs for operation and maintenance of the
Communication Site, through annual radio assessments.
D. Benton-Franklin 800MHz Fund. The Benton-Franklin 800MHz Fund shall be used for the
maintenance and operation of the bi-county 800MHz radio system, whether analog or digital,
utilized by BCES. The Executive Board is authorized to levy annual radio assessments upon
all Parties who use radios under the Benton-Franklin 800MHz system, and to impose contract
fees upon any contracting agencies for use of the same. Assessments shall be determined
annually by the Executive Board for inclusion in the Parties’ annual budgets. Assessments
shall be paid in periodic installments on a schedule determined by the Executive Board. In the
event an unforeseen exigent circumstance or uninsured civil judgment results in costs to the
Organization in excess of the budgeted expenses for operation and administration of the
Benton-Franklin 800MHz system, the Executive Board is authorized to proportionately levy,
by percentage of the Parties’ total 800MHz operating budget responsibility, additional fees to
cover the unexpected liability. Such excess costs shall be promptly remitted, upon demand, to
Benton County Emergency Services. If the cost overrun is attributable solely to a single
agency’s action or inaction, the entire cost overrun shall be borne by that agency.
D.E. Benton County Microwave System Fund. The Former (pre-2024) Benton County
Microwave System Fund shall be used for the maintenance and operation of the Benton County
Microwave System utilized by BCES until such time as the new Benton-Franklin Microwave
System is constructed and operational. At such time, any funds remaining in the Former (pre-
2024) Benton County Microwave Fund shall be transferred to the new Benton-Franklin
Microwave System Fund. The Executive Board is authorized to levy annual assessments upon
all Parties who use the Benton County Microwave System, and to impose contract fees upon
any contracting agencies. Such assessments shall be determined annually by the Executive
Board for inclusion in the Parties’ annual budgets. Assessments shall be paid in periodic
installments on a schedule determined by the Executive Board. In the event an unforeseen
exigent circumstance or uninsured civil judgment results in costs to the Organization in excess
of the budgeted expenses for maintenance and operation of the Benton County Microwave
System, the Executive Board is authorized to proportionately levy, by percentage of the
Parties’ total Benton County Microwave System budget responsibility, additional fees to cover
the unexpected liability. Such excess costs shall be promptly remitted, upon demand, to Benton
County Emergency Services. If the cost overrun is solely attributable to a single agency’s
action or inaction, the entire cost overrun shall be borne by that agency. Neither Franklin
County nor any of the Parties to this Agreement located therein shall acquire or be deemed to
have acquired any ownership interest whatsoever in any property or equipment that comprises
the Benton County Microwave System.
1. Franklin County Microwave System. Although the Former (pre-2024) Benton County
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Microwave System and the Former (pre-2024) Franklin County Microwave System are
technically interconnected and create a Bi-County Microwave System utilized by BCES,
Benton County and those Parties to this Agreement who are located therein are the only
Parties obligated to contribute to the Former (pre-2024) Benton County Microwave System
as provided under Section 4.D above. Franklin County shall be solely responsible for all
costs associated with maintenance, operation and improvements to the Former (pre-2024)
Franklin County Microwave System. Neither Benton County nor any of those Parties to
this Agreement located therein shall acquire any ownership interest whatsoever in any
property or equipment that comprises the Former (pre-2024) Franklin County Microwave
System. Franklin County shall defend, indemnify and hold harmless Benton County and
those Parties to this Agreement who are located therein for all claims related in any way
to, Franklin County’s maintenance or operation of the Former (pre-2024) Franklin County
Microwave System as it presently exists or is modified in the future. “Claim” means any
loss, claim, suit, action, liability, damage or expense of any kind or nature whatsoever,
including but not limited to attorneys’ fees and costs, attributable to personal or bodily
injury, sickness, disease or death, or injury to or destruction of property, including the loss
of uses resulting therefrom.
E.F. Benton-Franklin County Microwave System Fund. The new Benton-Franklin County
Microwave System Fund shall be used for the maintenance and operation of the Benton-
Franklin County Microwave System utilized by BCES upon completion of its construction.
The Executive Board is authorized to levy annual assessments upon all Parties who use the
Benton-Franklin County Microwave System, and to impose contract fees upon any contracting
agencies. Such assessments shall be determined annually by the Executive Board for inclusion
in the Parties’ annual budgets. Assessments shall be paid in periodic installments on a schedule
determined by the Executive Board. In the event an unforeseen exigent circumstance or
uninsured civil judgment results in costs to the Organization in excess of the budgeted expenses
for maintenance and operation of the Benton-Franklin County Microwave System, the
Executive Board is authorized to proportionately levy, by percentage of the Parties’ total
Benton-Franklin County Microwave System budget responsibility, additional fees to cover the
unexpected liability. Such excess costs shall be promptly remitted, upon demand, to Benton
County Emergency Services. If the cost overrun is solely attributable to a single agency’s
action or inaction, the entire cost overrun shall be borne by that agency.
F.G. The BCES Director, upon approval by the Executive Board, is authorized to make
expenditures on behalf of the Organization in accordance with the policies and procedures of
the Administrative Jurisdiction.
G.H. An annual budget for the Organization shall be prepared by the BCES Director in
accordance with the policies and procedure of the Administrative Jurisdiction. The annual
operating budget requires Executive Board approval.
H.I. Contribution to SECOMM Fund. The Parties acknowledge that Franklin County and Pasco
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each made irrevocable contributions of Five Hundred Thousand Dollars ($500,000) to the
SECOMM Fund as their buy-in for BCES membership pursuant to the 2017 BCES Transition
and Buy-In Agreement. These contributions are non-refundable should Franklin County or
Pasco withdraw from BCES.
I.J. Radio System Upgrade (SUA). In each BCES budget, the allocation of costs to support the
trunked radio system shall be equally divided between Benton County, Franklin County, and
the cities of Kennewick, Pasco and Richland. Contributions made by Franklin County and
Pasco shall not create, nor be construed to create, any ownership interest in the trunked radio
system.
K. Capital Investment - 2024 Benton-Franklin Microwave System. The counties of Benton and
Franklin and the cities of Kennewick, Richland and Pasco will jointly fund and acquire a bi -
county microwave system to be owned by the five (5) member agencies as follows: twenty
percent (20%) ownership by Benton County; twenty percent (20%) ownership by Franklin
County; twenty percent (20%) ownership by Kennewick; twenty percent (20%) ownership by
Richland; and twenty percent (20%) ownership by Pasco (the “Owner Entities”). The bi-county
microwave system will be constructed/installed by and through the Administrative Jurisdiction
and operated by Benton County Emergency Services. The Owner Entities shall pay their
respective financial contribution of one-fifth (20%) of the actual total capital project cost to
the Administrative Jurisdiction, on behalf of BCES, within thirty (30) calendar days of receipt
of a detailed invoice. The capital project cost shall be determined based on the actual project
cost reflected in the Motorola Project No. WA-21P120A_Richland agreement. Failure of any
of the Owner Entities to remit payment as required herein shall result in suspension of services
to the non-compliant Owner Entity by BCES.
L. Capital Investment - 2025 Benton-Franklin 800MHz System. The counties of Benton and
Franklin and the cities of Kennewick, Richland and Pasco will jointly fund the purchase of
necessary subscriber units (mobile and portable radios) and additional tower infrastructure to
create a bi-county radio network to be owned by the five (5) member agencies as follows:
twenty percent (20%) ownership by Benton County; twenty percent (20%) ownership by
Franklin County; twenty percent (20%) ownership by Kennewick; twenty percent (20%)
ownership by Richland; and twenty percent (20%) ownership by Pasco (the “Owner Entities”).
The bi-county 800MHz system and subscriber units will be constructed/installed/purchased by
and through the Administrative Jurisdiction and operated by Benton County Emergency
Services. The Owner Entities shall pay their respective financial contribution of one-fifth
(20%) of the actual total capital project cost to the Administrative Jurisdiction, on behalf of
BCES, within thirty (30) calendar days of receipt of a detailed invoice. The capital project cost
shall be determined based on the actual project cost reflected in Motorola Project Nos. WA-
23P072 (infrastructure) and WA-24P073M (subscriber units) agreements. Failure of any of the
Owner Entities to remit payment as required herein shall result in suspension of services to the
non-compliant Owner Entity by BCES.
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5. PROPERTY AND EQUIPMENT
A. Ownership Interests Maintained. Except as authorized by the Executive Board with respect to
transfer by FEMA of ownership of assets acquired with Chemical Stockpile Emergency
Preparedness Program (“CSEPP”) funds, the Former (pre-2025) digital 800MHz radio system,
and the Former (pre-2024) Benton County Microwave System Fund, and the ownership
interests in property, equipment, or funds acquired by or through Benton County Emergency
Management shall continue to be shared by Benton County and the cities of Kennewick,
Richland, West Richland, Prosser, and Benton City in proportion to the financial and in-kind
contribution of each party in the year such property, equipment, or monies was acquired, unless
provided otherwise herein. Franklin County and Pasco shall take no ownership interest
whatsoever in any property, equipment or monies belonging to BCES unless said ownership
interest is expressly identified herein.
B. Benton PUD Property Interests. Buildings and towers owned by Benton PUD, and site or
ground leasehold interests held by Benton PUD at the Prosser site, the Joe Butte Site, and the
Umatilla Ridge site will remain in Benton PUD’s ownership or leasehold interest. State-owned
pre-2024 microwave system or parts to which Benton PUD previously enjoyed a right of first
refusal have been transferred to the joint ownership of Benton County and the cities of
Kennewick and Richland in the following percentages: fifty percent (50%) to Benton County;
twenty-five percent (25%) to Kennewick; twenty-five percent (25%) to Richland.
C. Specific Properties Owned Solely By Benton County, Richland and Kennewick. All Parties
hereto acknowledge that the federal government may have ownership interests or rights with
respect to equipment purchased with funds provided by the federal government. All Parties
further acknowledge and agree that the Communication Site on Red Mountain as referenced
in Section 4.C above shall be owned exclusively by Benton County. All Parties further
acknowledge and agree that the remainder of the existingFormer (pre-2025) digital 800MHz
radio system, the real property and improvements located at 651 Truman Avenue in Richland,
Washington, the leasehold interests and other 800MHz equipment used by Benton County
Emergency Services and the Parties hereto at the several existing sites, and the Former (pre-
2024) Benton County Microwave System used by Benton County Emergency Services shall
be owned exclusively by Benton County and the cities of Richland and Kennewick as follows:
fifty percent (50%) ownership by Benton County; twenty-five percent (25%) ownership by
Kennewick; twenty-five percent (25%) ownership by Richland. The contributions by Pasco
and Franklin County required pursuant to Section 4.H above do not create any ownership
interests in the above assets by those entities.
D. Ownership Interests – SECOMM Fund. Property, equipment and funds acquired through the
Southeast Communications Center Fund prior to June 26, 2018, shall be owned as follows:
fifty percent (50%) ownership by Benton County; twenty-five percent (25%) ownership by
Kennewick; twenty-five percent (25%) ownership by Richland. Property, equipment, or
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monies acquired through the Southeast Communications Center Fund on and after June 26,
2018, shall be owned in equal shares by Benton County, Franklin County and the cities of
Kennewick, Richland and Pasco, except to the extent acquired through revenue of E911 taxes
as set forth below. Benton County, Franklin County and the cities of Kennewick, Pasco and
Richland are the only Parties to this Agreement responsible for contributing toward capital
expenditures in the budget process.
E. Ownership Interests – E911 Taxes. Property, equipment, or monies acquired through the
receipt of E911 taxes shall be the property of Benton and Franklin Counties based on the
percentage of E911 tax funds contributed by each county toward said property, equipment or
monies.
F. Ownership Interests – New Bi-County Microwave System and Bi-County 800MHz System.
The Benton-Franklin Microwave System and the Benton-Franklin 800MHz System shall be
owned in equal shares of one-fifth (20%) by the following member agencies: Benton County,
Franklin County, and the cities of Kennewick, Richland and Pasco. No other member agencies
shall have an ownership interest in the Benton-Franklin Microwave System or Benton-Franklin
800MHz System.
6. PUBLIC RECORDS REQUESTS
A. All communications records generated in connection with incidents/calls for service for which
a member/participating agency is contacted or to which a member/participating agency is
dispatched are public records of said member/participating agency (e.g., 911 calls/texts, radio
traffic, CAD event chronologies, etc.). To comply with BCES’s obligation to respond to public
records requests, and to minimize legal risk to the Parties, the Parties agree that all original
records All records exclusive of communications records prepared, owned, used, or retained
by BCES shall be provided to and maintained are public records of by BCES the
Administrative Jurisdiction(e.g., contracts, budget, emergency management plans, employee
communications, policy manuals, etc.).
A.B. The member agencies delegate to the Administrative Jurisdiction the responsibility to set
retention values for all records prepared, owned, used or retained by BCES, including records
owned by the member agencies; provided, however, that in no event shall the retention values
established by the Administrative Jurisdiction fall below the retention values set by state law.
Participating agencies subscribing to BCES for dispatch services must agree via contract to
delegate records retention responsibility to BCES’s Administrative Jurisdiction consistent with
this subsection.
C. When aRequests for communications records public recordssought request is received by
BCES under the Washington State Public Records Act, Chapter 42.56 RCW, staff assigned to
support BCES and directed to a member/participating agency will be processed directly by the
member/participating agency owning the record(s).receiving the request. The
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member/participating agency is responsible for coordinating with BCES records staff to
complete a search for and produce all responsive records in a manner to be determined by the
BCES Executive Director. Public records requests for communications records will be
processed and respond to the request by the member/participating agency pursuant to the that
agency’s established pPublic rRecords policy established by the Administrative Jurisdiction;
BCES’s only role in such instances is to retain records consistent with paragraph 6.B, make
communications records available to the member/participating agency upon request, and retain
search logs documentdocumentation describinging how responsive records are located. The
Parties acknowledge that the member/participating agency processing the public records
request has the ultimate authority to release, redact or withhold its own records consistent with
the Washington State Public Records Act.
B.D. To the extent legal review is needed to respond to a public records request, said review will
be provided by the City Attorney or other legal counsel for the member/participating agency
responsible for processing the public records request. When a public records request is for
records prepared, owned, used or retained by BCES exclusive of communications records, the
City Attorney for the Administrative Jurisdiction will provide the review. The Parties
acknowledge that the Administrative Jurisdiction has ultimate authority to release, redact or
withhold records pursuant consistent withto the Washington State Public Records Act when
the request is for records exclusive of communications records. .
7. DURATION OF AGREEMENT; TERMINATION
This Agreement shall become effective only upon execution by all Parties and filing with each
County Auditor in compliance with RCW 39.34.040. Upon the effective date, this Agreement shall
replace all prior oral agreements, contracts, interlocals and amendments thereto, including those
agreements that have been recorded with the Benton County Auditor, and shall specifically, but
without limitation, supersede the Interlocal Agreement for Benton County Emergency Services
recorded with the Benton County Auditor on October 1, 1996, the Interlocal Agreement for Benton
County Emergency Services Interlocal Cooperation Agreement effective September 1, 2006,
Amendment 1 thereto dated May 11, 2009, the 2012 BCES Interlocal Agreement recorded with
the Benton County Auditor on January 23, 2012, the Second Amended and Restated Interlocal
Agreement for Benton County Emergency Services recorded with the Benton County Auditor on
July 2, 2018, and Amendment No. 1 thereto recorded on August 27, 2020. The initial term of this
Agreement shall be ten (10) years, after which this Agreement shall automatically extend for
successive five (5) year terms unless one or more Parties objects to extending the Agreement no
later than six (6) months prior to expiration. Objections to extension of this Agreement shall be
submitted in writing to the Executive Board.
8. AMENDMENTS
Amendments to this Agreement shall only be made upon an affirmative vote of all eleven (11)
member agencies voting in favor of amendment. This section shall not affect how the Board
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operates and conducts its business.
9. WITHDRAWALS
Any Party may withdraw from this Agreement upon providing six (6) months’ advanced written
notice to the Executive Board. A withdrawing Party shall remain liable for obligated payments,
and shall be refunded any payments made but not obligated prior to the date of actual withdrawal.
Any Party so withdrawing shall be responsible for complying with Washington State law regarding
its obligations to provide emergency management and dispatch services. Upon the act of
withdrawing from this Agreement, the withdrawing Party shall be deemed to have forfeited and
released all ownership interest it may have in any property, equipment or monies it may have or
otherwise been eligible to receive under this Agreement.
10. ALLOCATION OF LIABILITY; INDEMNIFICATION
A. Each party shall be solely responsible for its own wrongful or negligent conduct. Each party
promises to indemnify and hold harmless and release all other Parties from any loss, claim or
liability arising from or out of the negligent tortious actions or inactions of its employees,
officers and officials. Such liability shall be apportioned among the Parties or other at -fault
persons or entities in accordance with the laws of the State of Washington. Nothing herein
shall be interpreted to:
1. Waive any defense arising out of RCW Title 51.
2. Limit the ability of a Party to exercise any right, defense, or remedy which a Party may
have with respect to third parties or the employee(s) whose action or inaction gave rise to
loss, claim or liability, including, but not limited to, an assertion that the employee(s) acted
beyond the scope of employment.
3. Cover or require indemnification or payment of any judgment against any individual or
agency for intentionally wrongful conduct outside the scope of employment of any
individual, or for judgment for punitive damages against any individual or agency.
Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of
the individual against whom said judgment is rendered and/or his or her agency employer,
should that employer voluntarily elect to make said payment. This Agreement does not
require indemnification of any punitive damage awards or for any order imposing fines or
sanctions.
11. SEVERABILITY
If any part of this Agreement is held to be illegal or unenforceable by a court of competent
jurisdiction, to the extent possible and practicable, the remaining parts of the Agreement shall
remain in effect and be binding upon all Parties hereto.
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Third Fourth Amended and Restated BCES Interlocal (2024)
Page 17
12. NO SEPARATE LEGAL ENTITY
No separate legal entity is created upon execution of this Interlocal Agreement.
13. GOVERNING LAW; VENUE
Jurisdiction and venue for any action relating to the interpretation, enforcement, or any dispute
arising from this Agreement shall be in Yakima County Superior Court. This Agreement shall be
construed in accordance with the laws of the State of Washington.
14. WAIVER
No waiver by any Party hereto of any terms or conditions of this Agreement shall be deemed or
construed to be a waiver of any other term or condition, nor shall the waiver of any breach be
deemed or construed to constitute a waiver of any subsequent breach, whether of the same or any
other term or condition of this Agreement.
15. NO THIRD PARTY RIGHTS
Nothing in this Agreement shall create or be deemed to create any rights in any person or entity
not a party to this Agreement.
[Signature Page to Follow]
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Third Fourth Amended and Restated BCES Interlocal (2024)
Page 18
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
identified next to their signatures below.
BENTON COUNTY, WASHINGTON FRANKLIN COUNTY, WASHINGTON
_____________________________ _______________________________
By: Michael Alvarez Date By: Rocky Mullen Date
Chairman, Benton County Commission Chairman, Franklin County Commission
_____________________________ ________________________________
By: Jerome Delvin Date By: Steve Bauman Date
Benton County Commissioner Franklin County Commissioner
______________________________ ________________________________
By: William McKay Date By: Clint Didier Date
Benton County Commissioner Franklin County Commissioner
Attest: Attest:
_______________________________ _________________________________
Clerk of the Board Clerk of the Board
Approved as to Form: Approved as to Form:
_______________________________ __________________________________
Ryan Brown By: Jeff Briggs
Chief Deputy Prosecuting Attorney, Civil Franklin County Chief Civil Deputy
Prosecutor
[Signatures Continue Below]
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Third Fourth Amended and Restated BCES Interlocal (2024)
Page 19
CITY OF PASCO CITY OF RICHLAND
______________________________ ___________________________________
By: Adam Lincoln Date By: Jon Amundson, ICMA-CM Date
Pasco City Manager Richland City Manager
Attest: Attest:
______________________________ ____________________________________
Debby Barham, City Clerk Jennifer Rogers, City Clerk
Approved as to Form: Approved as to Form:
______________________________ ____________________________________
Eric Ferguson, Pasco City Attorney Heather Kintzley, Richland City Attorney
CITY OF KENNEWICK CITY OF WEST RICHLAND
______________________________ ___________________________________
By: Lisa BeatonErin Erdman Date By: Brent Gerry
Date
Interim Kennewick City Manager Mayor
Attest: Attest:
______________________________ ____________________________________
Krystal Townsend, City Clerk Stephanie Haug, City Clerk
Approved as to Form: Approved as to Form:
______________________________ ____________________________________
Laurencio Sanguino Jessica Foltz
Acting Kennewick City Attorney West Richland City Attorney
[Signatures Continue Below]
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Third Fourth Amended and Restated BCES Interlocal (2024)
Page 20
CITY OF PROSSER CITY OF BENTON CITY
______________________________ ___________________________________
By: Gary Vegar Date By: Len Burton Date
Mayor Mayor
Attest: Attest:
_______________________________ ____________________________________
Rachel Shaw, City Clerk Stephanie Haug, City Clerk
Approved as to Form: Approved as to Form:
______________________________ ____________________________________
Howard Saxton, Prosser City Attorney Eric Ferguson, City Attorney for Benton
City
BENTON COUNTY FIRE PROTECTION DISTRICTS 1, 2, AND 4
____________________________________ Attest: ______________________________
By: _________________, Commission Chair
BCFPD #1
Date: _______________
___________________________________ Attest: ______________________________
By: _________________ Commission Chair
BCFPD #2
Date: _______________
___________________________________ Attest: ______________________________
By: ________________, Commission Chair
BCFPD #4
Date: _______________
Page 246 of 324
Third Fourth Amended and Restated BCES Interlocal (2024)
Page 21
Page 247 of 324
Fourth Amended and Restated BCES Interlocal (2024) Page 1
WHEN RECORDED RETURN TO:
City of Richland
Attn: City Attorney
625 Swift Boulevard MS-07
Richland, WA 99352
FOURTH AMENDED AND RESTATED
INTERLOCAL AGREEMENT FOR BENTON COUNTY EMERGENCY SERVICES
THIS THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT is made and
entered into by and between the following entities (each one a “Member Agency” and
collectively, the “Parties”):
Benton County, a political subdivision of the State of Washington;
Franklin County, a political subdivision of the State of Washington;
City of Kennewick, a Washington municipal corporation;
City of Richland, a Washington municipal corporation;
City of West Richland, a Washington municipal corporation;
City of Prosser, a Washington municipal corporation
City of Benton City, a Washington municipal corporation;
City of Pasco, a Washington municipal corporation; and
Benton County Fire Protection District Nos. 1, 2, and 4, all of which are Washington special
purpose districts.
I. RECITALS
WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes public
agencies to make the most efficient use of their powers by enabling them to cooperate with each
other based on mutual advantage, and to collectively exercise the rights and powers they hold
individually through the execution of an interlocal cooperative agreement; and
WHEREAS, RCW 38.52.070 authorizes and directs each county, city and town within
the State of Washington to establish a local organization for emergency management in
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Fourth Amended and Restated BCES Interlocal (2024) Page 2
accordance with the State Emergency Management Plan and Program, and permits the State
Director of Emergency Management to authorize two or more counties, cities and towns to join
in the establishment and operation of a local organization for emergency management; and
WHEREAS, Benton County Emergency Services (“BCES”) is such a local organization
created in 1996 pursuant to the Interlocal referenced in Section 7, and the Parties to this
Agreement wish to continue that organization under the terms of this Third Amended and
Restated Interlocal Agreement; and
WHEREAS, in addition to emergency management services, Benton County Emergency
Services, through establishment of the Southeast Communications Center, has also provided
communication and dispatching for public safety and emergencies for some jurisdictions located
in incorporated and unincorporated Benton County, and for any agencies contracting for such
services; and
WHEREAS, the cities of Kennewick, Richland, West Richland, Prosser, Benton City,
Benton County and Benton County Fire District Nos. 1, 2 and 4, and with limited participation
by Benton County Public Utility District #1 (“Benton PUD”) (collectively, the “Existing
Partners”) provided county-wide operation of emergency dispatch services under the terms of the
First Amended and Restated Interlocal Agreement until 2017; and
WHEREAS, in 2017, Franklin County and the city of Pasco transitioned their dispatch
services to Benton County Emergency Services and became member agencies of BCES (the
“New Partners”); and
WHEREAS, the Existing and New Parties have operated BCES pursuant to the Second
Amended and Restated Interlocal Cooperation Agreement for Benton County Emergency
Services recorded with the Benton County Auditor on July 2, 2018 (“2018 BCES Interlocal
Agreement”); and
WHEREAS, on April 3, 2024, Benton PUD withdrew as a member agency through
execution of the Third Amended and Restated Interlocal Agreement for Benton County
Emergency Services (“2024 BCES Interlocal Agreement”); and
WHEREAS, the remaining BCES member agencies intend to continue the provision of
bi-county dispatch services under this Fourth Amended and Restated Interlocal Agreement, with
each Party participating to the extent identified herein; and
WHEREAS, BCES has established a digital 800MHz radio system that provides and will
continue to provide viable public safety communications for many years into the future; and
WHEREAS, Benton County, the cities of Kennewick and Richland, and Benton PUD
have historically provided a single microwave system exclusively located in Benton County
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Fourth Amended and Restated BCES Interlocal (2024) Page 3
(hereinafter the “Former (pre-2024) Benton County Microwave System”); and
WHEREAS, Franklin County and public safety agencies within that county have
historically operated under a separate microwave system exclusively located in Franklin County
(hereinafter “Franklin County Microwave System”); and
WHEREAS, the cities of Kennewick, Richland and Pasco, and the counties of Benton
and Franklin are currently acquiring a bi-county microwave system equally owned and funded
by the five (5) member agencies; and
WHEREAS, similar to the efforts related to a bi-county microwave system, the cities of
Kennewick, Richland and Pasco, and the counties of Benton and Franklin, desire to acquire
additional towers and radios to create a bi-county 800MHz system equally owned and funded by
the five (5) member agencies.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and in
accordance with RCW 39.34, RCW 38.52 and Section 8 of the 2024 BCES Interlocal
Agreement, the Parties hereto agree to this Fourth Amended and Restated Interlocal Agreement
as follows:
II. AGREEMENT
1. INCORPORATION OF RECITALS
The recitals set forth above are hereby incorporated into this Agreement by reference.
2. PURPOSE
The purpose of this Agreement is to provide for the effective and economical operations of
Benton County Emergency Services (BCES), a local administrative entity and joint venture
between the above-referenced Parties (also referred to as the “Organization”).
3. ORGANIZATIONAL STRUCTURE
Benton County Emergency Services consists of two (2) divisions: Benton County Emergency
Management (BCEM) and Southeast Communications Center (SECOMM).
A. General. The Organization shall consist of an Executive Board, Strategic Advisory Team,
Customer Agency Groups and various committees as created by the Executive Board.
1. Appointment of Administrative Jurisdiction; Duration. An Administrative Jurisdiction
shall be designated by the Executive Board. The Administrative Jurisdiction shall serve
unless or until such service is terminated by the Executive Board, or until the
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Fourth Amended and Restated BCES Interlocal (2024) Page 4
Administrative Jurisdiction withdraws after having provided a minimum of nine (9)
months’ written notice of intent to withdraw. The City of Richland is currently designated
as the Administrative Jurisdiction. All employees staffing BCES shall be employees of
the Administrative Jurisdiction.
2. Duties of Administrative Jurisdiction. The Administrative Jurisdiction shall have full
responsibility for the operation of the Organization, and shall provide all necessary
administrative support for the Organization. The Administrative Jurisdiction shall
perform its duties pursuant to a contractual agreement with Benton County Emergency
Services that shall automatically renew every five (5) years, subject to any renegotiations
between the Administrative Jurisdiction and the Executive Board. The Administrative
Jurisdiction shall appoint a BCES Director, which appointment shall be subject to
confirmation by the Executive Board. The BCES Director shall be removed only at the
direction of the Administrative Jurisdiction.
3. Governing Policies. BCES shall follow the policies established by the Administrative
Jurisdiction for all efforts related to Finance, Human Resources, Legal, Risk & Safety,
and Purchasing. To ease future transition between Administrative Jurisdictions, BCES
shall operate and maintain an independent email system.
B. Executive Board Duties; Membership; Voting. The Executive Board shall be the governing
body of the administrative entity known as Benton County Emergency Services, and shall be
responsible for approving BCES-specific policies, contracts, the annual budget, and
confirmation of the Administrative Jurisdiction’s appointment of the BCES Director. The
Executive Board shall also be responsible for ensuring the Parties’ compliance with the legal
requirements of Ch. 38.52 RCW.
1. Subject to the voting procedures and restrictions set forth herein, the Executive Board
shall consist of one representative from the Benton County Commissioner's Office, one
representative from the Franklin County Commissioner's Office, one representative from
each of the cities of Kennewick, Richland, Prosser, West Richland, Benton City, and
Pasco, and a single representative collectively representing Benton County Fire
Protection District Nos. 1, 2 and 4.
2. Whenever they are entitled to vote, Benton County, Franklin County and the cities of
Kennewick, Pasco and Richland shall be allowed two (2) votes each. Whenever they are
entitled to vote, West Richland, Prosser and Benton City shall have one (1) vote each.
Whenever they are entitled to vote, Benton County Fire Protection District Nos. 1, 2 and
4 shall collectively share a single vote.
3. A simple majority of the number of members of the Executive Board shall be a quorum,
and a simple majority of votes shall prevail unless otherwise set forth herein.
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Fourth Amended and Restated BCES Interlocal (2024) Page 5
4. The following are the only representatives authorized to vote on matters associated with
Southeast Communications Center (SECOMM):
•Representatives for the cities of Kennewick, Richland, Pasco, West Richland*
and Prosser*;
•Representatives for the counties of Benton and Franklin;
•The representative for Benton County Fire Protection District Nos. 1, 2 and 4
casting a single vote for the three (3) entities.*
*Note: No future contracted subscribers to SECOMM shall be entitled to vote.
5. The following are the only representatives authorized to vote on matters associated with
the Former (pre-2025) 800MHz system:
•Representatives for the cities of Kennewick and Richland;
•The representative for the county of Benton.
6. The following are the only representatives authorized to vote on matters associated with
the future operation and maintenance of the new Benton-Franklin 800MHz system and
related funding (acquired after the execution hereof):
•Representatives for the cities of Kennewick, Pasco and Richland;
•The representatives for the counties of Benton and Franklin.
7. The following are the only representatives authorized to vote on matters associated with
operation and maintenance of the Former (pre-2024) Benton County Microwave System
and related funding:
•Representatives for the cities of Kennewick and Richland;
•The representative for the county of Benton;
8. The following are the only representatives authorized to vote on matters associated with
the future operation and maintenance of the new Benton-Franklin County Microwave
System and related funding (acquired after the execution hereof):
•Representatives for the cities of Kennewick, Pasco and Richland;
•The representatives for the counties of Benton and Franklin.
9. The following are the only representatives authorized to vote on items associated with
Benton County Emergency Management (BCEM):
•Representatives for the cities of Kennewick, Richland, West Richland, Prosser
and Benton City;
•The representative for the county of Benton.
10. For items not specifically associated with the Former (pre-2024) Benton County
Microwave System, the new Benton-Franklin Microwave System, the 800 MHz system,
Southeast Communications Center, or Benton County Emergency Management, all
representatives may vote.
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Fourth Amended and Restated BCES Interlocal (2024) Page 6
11. A representative may send a delegate to vote by proxy in his or her absence.
C. Strategic Advisory Team. Working directly with BCES leadership, the Strategic Advisory
Team (SAT) will assist in developing strategies for addressing issues such as establishing
standardized procedures and incorporating changes in technology. To facilitate the policy-
making role of the Executive Board, it may assign to the SAT certain policy reviews,
projects, and tasks. The Strategic Advisory Team may consist of one (1) representative from
each of the following:
•Kennewick Fire Department •Connell Police Department
•Kennewick Police Department •Connell Fire Department
•Richland Police Department •Pasco Police Department
•Richland Fire Department •Pasco Fire Department
•West Richland Police Department •West Benton Fire and Rescue
•Benton County Sheriff's Office •North Franklin County Hospital District
•Franklin County Sheriff’s Office •City of Prosser
•Franklin County Fire Protection
Districts 1, 2, 3, 4 & 5 (1 Rep)
•Benton County Fire Protection Districts 1,
2, 4, 5 & 6 (1 Rep)
The SAT representative will be the agency Chief or Sheriff and a senior level executive from
the City of Prosser.
D. Customer Agency Group. The Customer Agency Group (CAG) is established to allow
customers of BCES to communicate suggestions, ideas, or concerns regarding service,
operational policies, and/or procedural issues. The CAG will be comprised of two divisions:
Law Enforcement and Fire/EMS. Each division will elect a chairperson to represent the
concerns of their division to the BCES Director or at joint CAG meetings. The Customer
Agency Group may consist of one (1) representative from each of the following:
•Kennewick Police Department •Connell Police Department
•Kennewick Fire Department •Connell Fire Department
•Richland Police Department •Pasco Police Department
•Richland Fire Department •Pasco Fire Department
•West Richland Police Department •West Benton Fire and Rescue
•Benton County Sheriff's Office •North Franklin County Hospital District
•Franklin County Sheriff’s Office •City of Prosser Police Department
•City of Benton City •Benton PUD
•Franklin County Fire Protection
Districts 1, 2, 3, 4 & 5 (1 Rep)
•Walla Walla Fire Protection District 5
•Benton County Fire Protection Districts 1,
2, 4, 5, & 6 (1 Rep)
1. Issues that impact only one division will be communicated to the BCES Director from the
chair of the division. Any recommendations made by either division must be approved by
a majority of the agencies before they can be submitted to the Director for consideration.
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Fourth Amended and Restated BCES Interlocal (2024) Page 7
Items for which there is no majority support will require the use of the agency input
process.
2. Should an issue be relevant to both divisions, a meeting may be called by the BCES
Director or either division chairperson. Attendees to such meeting will be limited to the
BCES Director, the SECOMM Communications Managers and/or Emergency
Management Manager, and both division chairpersons.
3. Working groups or sub-committees may be created by either division to address
operational issues for which operational-level employees or subject matter experts should
be involved. These groups and/or sub-committees will report directly to their division
chairperson. Additionally, to expedite the development of recommendations that are
sound and have the greatest likelihood of success, recommendations will be vetted with a
senior subject matter expert dispatcher for additional input. The dispatcher would have no
vote in the process of moving forward with an issue.
E. BCES Director. The Director, under direction of the Administrative Jurisdiction, shall
maintain and operate Benton County Emergency Services, and shall be responsible for the
implementation of the directives of the Executive Board and the policies and procedures of
the Executive Board or the Administrative Jurisdiction, as the case may be. The Director
shall be responsible for developing, organizing, and coordinating emergency preparedness
planning, training and implementation. The Director shall be responsible for organizing,
developing and coordination of E-911 and bi-county communication systems, and shall have
such other duties and responsibilities as the Administrative Jurisdiction designates from time
to time.
4. FINANCES
Benton County Emergency Services maintains separate funds consisting of:
•One (1) fund for Benton County Emergency Management;
•One (1) fund for Southeast Communications Center;
•One (1) fund for the acquisition, maintenance and operation of the Benton-Franklin
County 800MHz System.
•One (1) fund for the maintenance and operation of the Former (pre-2025) Benton County
800MHz System (to be retired once the Benton-Franklin 800MHz system is fully
operational); and
•One (1) fund for the acquisition, maintenance and operation of the Benton-Franklin
County Microwave System.
•One (1) fund for maintenance and operation of the Former (pre-2024) Benton County
Microwave System (to be retired when the system is fully decommissioned).
These funds are maintained and administered by the Administrative Jurisdiction in lieu of the
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Fourth Amended and Restated BCES Interlocal (2024) Page 8
Treasurer of the City of Kennewick, the most populous entity. All monies received for the
benefit and use of Benton County Emergency Services, including financial contributions by the
Parties to this Agreement in accordance herewith, shall be deposited into the appropriate fund.
A. Benton County Emergency Management (EM Operations) Fund. Except for, Pasco, and
Franklin County, each Party to this Agreement shall contribute to the cost of emergency
management operations upon such fair and equitable basis as shall be determined by the
Executive Board. If, in any case, the Executive Board is unable to agree upon the proper
contributions by the Parties hereto, the decisions shall be referred to the State Emergency
Management Council for arbitration, and the Council's decision shall be final and binding
upon the Parties hereto. Except for Franklin County and Pasco, each party shall pay its share
of the cost of emergency management into the Benton County Emergency Management Fund
which is maintained and administered by the Administrative Jurisdiction. The Executive
Board shall have the authority to proportionately levy, by percentage of total operating
budget responsibility, additional fees to cover unexpected liabilities, including uninsured
civil judgments. If the cost overrun or liability is the result of a single agency, the entire cost
will be borne by that agency.
B. Southeast Communications Center (SECOMM Operations) Fund. SECOMM shall be
financed by the proceeds of a telephone excise tax that shall be imposed at the same rate by
both Benton and Franklin counties, an annual levy upon the Parties, except City of Benton
City, and by contract fees paid by contracting agencies as determined by the Executive
Board. Each Party hereto shall contribute its share of the costs of the typical and customary
operation and administration of SECOMM as established by the Executive Board. Such
contributions shall be determined annually by the Executive Board for inclusion in the
Parties' annual budgets. The assessment for any user or member entering SECOMM mid-
budget year shall be determined by the Executive Board and pro-rated relative to the months
of service remaining in the existing budget year. Funding models for SECOMM budgets
shall be determined by the Executive Board. Assessments shall be paid in periodic
installments on a schedule determined by the Executive Board. In the event an unforeseen
exigent circumstance or uninsured civil judgment results in costs to the Organization in
excess of the budgeted expenses for operation and administration, the Executive Board is
authorized to proportionately levy, by percentage of total operating budget responsibility,
additional fees to cover the unexpected liability. Such excess costs shall be promptly
remitted, upon demand, to Benton County Emergency Services. If the cost overrun is solely
attributable to a single agency’s action or inaction, the entire cost overrun shall be borne by
that agency.
C. 800MHz Fund. The Former (pre-2025) 800MHz Fund shall be used for the maintenance and
operation of the pre-2025 800MHz radio system, whether analog or digital, utilized by BCES
(locations include BCES, Badger Mountain, Joe Butte, Sillusi Butte, Golgotha Butte, Prosser
Butte, Rattlesnake Mountain, Red Mountain) until such time as the Benton-Franklin 800MHz
System is constructed and operational. At such time, any funds remaining in the Former (pre-
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Fourth Amended and Restated BCES Interlocal (2024) Page 9
2025) 800MHz Fund shall be transferred to the new Benton-Franklin 800MHz Fund. The
Executive Board is authorized to levy annual radio assessments upon all Parties who use
radios under the Former (pre-2025) 800MHz system, and to impose contract fees upon any
contracting agencies for use of the same. Assessments shall be determined annually by the
Executive Board for inclusion in the Parties’ annual budgets. Assessments shall be paid in
periodic installments on a schedule determined by the Executive Board. In the event an
unforeseen exigent circumstance or uninsured civil judgment results in costs to the
Organization in excess of the budgeted expenses for operation and administration of the
Former (pre-2025) 800MHz system, the Executive Board is authorized to proportionately
levy, by percentage of the Parties’ total 800MHz operating budget responsibility, additional
fees to cover the unexpected liability. Such excess costs shall be promptly remitted, upon
demand, to Benton County Emergency Services. If the cost overrun is attributable solely to a
single agency’s action or inaction, the entire cost overrun shall be borne by that agency.
In order to improve coverage of the Former (pre-2025) 800MHz radio system maintained and
operated by BCES in certain areas of unincorporated Benton County, one (1) communication
site on Red Mountain will be constructed consisting of a trunked simulcast repeater; one (1)
microwave; an equipment shelter; a tower; a generator; a fuel tank; and batteries (the
“Communication Site”). To integrate the new Communication Site into the existing system,
the Golgotha ASTRO 25 Repeater Site must be upgraded with certain hardware, software
and services (the “Golgotha Upgrade”). To facilitate construction of the Communication Site
and the Golgotha Upgrade, Benton County has satisfied its commitment to provide BCES, by
and through its Administrative Jurisdiction, Three Million Dollars ($3,000,000) for BCES to
purchase and install the Communication Site and Golgotha Upgrade Benton County further
agrees to directly pay the costs of easement acquisition, design, and construction of a means
of ingress and egress, along with provision of utilities (specifically electric) to a parcel
agreed upon by Benton County on which the Communication Site will be located. All
operational costs of the Communication Site shall be paid by the Parties hereto in the same
manner as other operational costs paid from the 800MHz fund.
The Administrative Jurisdiction is responsible for compliance with applicable procurement
laws respecting the purchase and installation of the Communication Site and Golgotha
Upgrade. Benton County is responsible for compliance with applicable procurement laws
respecting the access easement to the Communication Site.
The Administrative Jurisdiction agrees to maintain the deposits from Benton County in an
interest bearing account, and interest will accrue to the benefit of BCES and may be
expended on the Communication Site. The Administrative Jurisdiction will continue send to
Benton County a written summary of the expenses incurred for the purchase and installation
of the Communication Site every thirty (30) days until the Communications Site is
completed. Within thirty (30) days of release of retainage to the contractor for the
Communication Site work, the Administrative Jurisdiction will return to Benton County the
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Fourth Amended and Restated BCES Interlocal (2024) Page 10
balance of all deposits made by Benton County for the Communication Site that were not
expended.
Parties to this Agreement who use the 800MHz system will continue to contribute to its
operation and maintenance costs, including costs for operation and maintenance of the
Communication Site, through annual radio assessments.
D. Benton-Franklin 800MHz Fund. The Benton-Franklin 800MHz Fund shall be used for the
maintenance and operation of the bi-county 800MHz radio system, whether analog or digital,
utilized by BCES. The Executive Board is authorized to levy annual radio assessments upon
all Parties who use radios under the Benton-Franklin 800MHz system, and to impose contract
fees upon any contracting agencies for use of the same. Assessments shall be determined
annually by the Executive Board for inclusion in the Parties’ annual budgets. Assessments
shall be paid in periodic installments on a schedule determined by the Executive Board. In
the event an unforeseen exigent circumstance or uninsured civil judgment results in costs to
the Organization in excess of the budgeted expenses for operation and administration of the
Benton-Franklin 800MHz system, the Executive Board is authorized to proportionately levy,
by percentage of the Parties’ total 800MHz operating budget responsibility, additional fees to
cover the unexpected liability. Such excess costs shall be promptly remitted, upon demand, to
Benton County Emergency Services. If the cost overrun is attributable solely to a single
agency’s action or inaction, the entire cost overrun shall be borne by that agency.
E. Benton County Microwave System Fund. The Former (pre-2024) Benton County Microwave
System Fund shall be used for the maintenance and operation of the Benton County
Microwave System utilized by BCES until such time as the new Benton-Franklin Microwave
System is constructed and operational. At such time, any funds remaining in the Former (pre-
2024) Benton County Microwave Fund shall be transferred to the new Benton-Franklin
Microwave System Fund. The Executive Board is authorized to levy annual assessments
upon all Parties who use the Benton County Microwave System, and to impose contract fees
upon any contracting agencies. Such assessments shall be determined annually by the
Executive Board for inclusion in the Parties’ annual budgets. Assessments shall be paid in
periodic installments on a schedule determined by the Executive Board. In the event an
unforeseen exigent circumstance or uninsured civil judgment results in costs to the
Organization in excess of the budgeted expenses for maintenance and operation of the
Benton County Microwave System, the Executive Board is authorized to proportionately
levy, by percentage of the Parties’ total Benton County Microwave System budget
responsibility, additional fees to cover the unexpected liability. Such excess costs shall be
promptly remitted, upon demand, to Benton County Emergency Services. If the cost overrun
is solely attributable to a single agency’s action or inaction, the entire cost overrun shall be
borne by that agency. Neither Franklin County nor any of the Parties to this Agreement
located therein shall acquire or be deemed to have acquired any ownership interest
whatsoever in any property or equipment that comprises the Benton County Microwave
System.
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Fourth Amended and Restated BCES Interlocal (2024) Page 11
1. Franklin County Microwave System. Although the Former (pre-2024) Benton County
Microwave System and the Former (pre-2024) Franklin County Microwave System are
technically interconnected and create a Bi-County Microwave System utilized by BCES,
Benton County and those Parties to this Agreement who are located therein are the only
Parties obligated to contribute to the Former (pre-2024) Benton County Microwave
System as provided under Section 4.D above. Franklin County shall be solely responsible
for all costs associated with maintenance, operation and improvements to the Former
(pre-2024) Franklin County Microwave System. Neither Benton County nor any of those
Parties to this Agreement located therein shall acquire any ownership interest whatsoever
in any property or equipment that comprises the Former (pre-2024) Franklin County
Microwave System. Franklin County shall defend, indemnify and hold harmless Benton
County and those Parties to this Agreement who are located therein for all claims related
in any way to, Franklin County’s maintenance or operation of the Former (pre-2024)
Franklin County Microwave System as it presently exists or is modified in the future.
“Claim” means any loss, claim, suit, action, liability, damage or expense of any kind or
nature whatsoever, including but not limited to attorneys’ fees and costs, attributable to
personal or bodily injury, sickness, disease or death, or injury to or destruction of
property, including the loss of uses resulting therefrom.
F. Benton-Franklin Microwave System Fund. The new Benton-Franklin Microwave System
Fund shall be used for the maintenance and operation of the Benton-Franklin Microwave
System utilized by BCES upon completion of its construction. The Executive Board is
authorized to levy annual assessments upon all Parties who use the Benton-Franklin
Microwave System, and to impose contract fees upon any contracting agencies. Such
assessments shall be determined annually by the Executive Board for inclusion in the Parties’
annual budgets. Assessments shall be paid in periodic installments on a schedule determined
by the Executive Board. In the event an unforeseen exigent circumstance or uninsured civil
judgment results in costs to the Organization in excess of the budgeted expenses for
maintenance and operation of the Benton-Franklin Microwave System, the Executive Board
is authorized to proportionately levy, by percentage of the Parties’ total Benton-Franklin
Microwave System budget responsibility, additional fees to cover the unexpected liability.
Such excess costs shall be promptly remitted, upon demand, to Benton County Emergency
Services. If the cost overrun is solely attributable to a single agency’s action or inaction, the
entire cost overrun shall be borne by that agency.
G. The BCES Director, upon approval by the Executive Board, is authorized to make
expenditures on behalf of the Organization in accordance with the policies and procedures of
the Administrative Jurisdiction.
H. An annual budget for the Organization shall be prepared by the BCES Director in accordance
with the policies and procedure of the Administrative Jurisdiction. The annual operating
budget requires Executive Board approval.
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Fourth Amended and Restated BCES Interlocal (2024) Page 12
I. Contribution to SECOMM Fund. The Parties acknowledge that Franklin County and Pasco
each made irrevocable contributions of Five Hundred Thousand Dollars ($500,000) to the
SECOMM Fund as their buy-in for BCES membership pursuant to the 2017 BCES
Transition and Buy-In Agreement. These contributions are non-refundable should Franklin
County or Pasco withdraw from BCES.
J. Radio System Upgrade (SUA). In each BCES budget, the allocation of costs to support the
trunked radio system shall be equally divided between Benton County, Franklin County, and
the cities of Kennewick, Pasco and Richland. Contributions made by Franklin County and
Pasco shall not create, nor be construed to create, any ownership interest in the trunked radio
system.
K. Capital Investment - 2024 Benton-Franklin Microwave System. The counties of Benton and
Franklin and the cities of Kennewick, Richland and Pasco will jointly fund and acquire a bi-
county microwave system to be owned by the five (5) member agencies as follows: twenty
percent (20%) ownership by Benton County; twenty percent (20%) ownership by Franklin
County; twenty percent (20%) ownership by Kennewick; twenty percent (20%) ownership by
Richland; and twenty percent (20%) ownership by Pasco (the “Owner Entities”). The bi-
county microwave system will be constructed/installed by and through the Administrative
Jurisdiction and operated by Benton County Emergency Services. The Owner Entities shall
pay their respective financial contribution of one-fifth (20%) of the actual total capital project
cost to the Administrative Jurisdiction, on behalf of BCES, within thirty (30) calendar days
of receipt of a detailed invoice. The capital project cost shall be determined based on the
actual project cost reflected in the Motorola Project No. WA-21P120A_Richland agreement.
Failure of any of the Owner Entities to remit payment as required herein shall result in
suspension of services to the non-compliant Owner Entity by BCES.
L. Capital Investment - 2025 Benton-Franklin 800MHz System. The counties of Benton and
Franklin and the cities of Kennewick, Richland and Pasco will jointly fund the purchase of
necessary subscriber units (mobile and portable radios) and additional tower infrastructure to
create a bi-county radio network to be owned by the five (5) member agencies as follows:
twenty percent (20%) ownership by Benton County; twenty percent (20%) ownership by
Franklin County; twenty percent (20%) ownership by Kennewick; twenty percent (20%)
ownership by Richland; and twenty percent (20%) ownership by Pasco (the “Owner
Entities”). The bi-county 800MHz system and subscriber units will be
constructed/installed/purchased by and through the Administrative Jurisdiction and operated
by Benton County Emergency Services. The Owner Entities shall pay their respective
financial contribution of one-fifth (20%) of the actual total capital project cost to the
Administrative Jurisdiction, on behalf of BCES, within thirty (30) calendar days of receipt of
a detailed invoice. The capital project cost shall be determined based on the actual project
cost reflected in Motorola Project Nos. WA-23P072 (infrastructure) and WA-24P073M
(subscriber units) agreements. Failure of any of the Owner Entities to remit payment as
required herein shall result in suspension of services to the non-compliant Owner Entity by
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Fourth Amended and Restated BCES Interlocal (2024) Page 13
BCES.
5. PROPERTY AND EQUIPMENT
A. Ownership Interests Maintained. Except as authorized by the Executive Board with respect to
transfer by FEMA of ownership of assets acquired with Chemical Stockpile Emergency
Preparedness Program (“CSEPP”) funds, the Former (pre-2025) digital 800MHz radio
system, the Former (pre-2024) Benton County Microwave System Fund, and the ownership
interests in property, equipment, or funds acquired by or through Benton County Emergency
Management shall continue to be shared by Benton County and the cities of Kennewick,
Richland, West Richland, Prosser, and Benton City in proportion to the financial and in-kind
contribution of each party in the year such property, equipment, or monies was acquired,
unless provided otherwise herein. Franklin County and Pasco shall take no ownership interest
whatsoever in any property, equipment or monies belonging to BCES unless said ownership
interest is expressly identified herein.
B. Benton PUD Property Interests. Buildings and towers owned by Benton PUD, and site or
ground leasehold interests held by Benton PUD at the Prosser site, the Joe Butte Site, and the
Umatilla Ridge site will remain in Benton PUD’s ownership or leasehold interest. State-
owned pre-2024 microwave system or parts to which Benton PUD previously enjoyed a right
of first refusal have been transferred to the joint ownership of Benton County and the cities
of Kennewick and Richland in the following percentages: fifty percent (50%) to Benton
County; twenty-five percent (25%) to Kennewick; twenty-five percent (25%) to Richland.
C. Specific Properties Owned Solely By Benton County, Richland and Kennewick. All Parties
hereto acknowledge that the federal government may have ownership interests or rights with
respect to equipment purchased with funds provided by the federal government. All Parties
further acknowledge and agree that the Communication Site on Red Mountain as referenced
in Section 4.C above shall be owned exclusively by Benton County. All Parties further
acknowledge and agree that the Former (pre-2025) digital 800MHz radio system, the real
property and improvements located at 651 Truman Avenue in Richland, Washington, the
leasehold interests and other 800MHz equipment used by Benton County Emergency
Services and the Parties hereto at the several existing sites, and the Former (pre-2024)
Benton County Microwave System used by Benton County Emergency Services shall be
owned exclusively by Benton County and the cities of Richland and Kennewick as follows:
fifty percent (50%) ownership by Benton County; twenty-five percent (25%) ownership by
Kennewick; twenty-five percent (25%) ownership by Richland. The contributions by Pasco
and Franklin County required pursuant to Section 4.H above do not create any ownership
interests in the above assets by those entities.
D. Ownership Interests – SECOMM Fund. Property, equipment and funds acquired through the
Southeast Communications Center Fund prior to June 26, 2018 shall be owned as follows:
fifty percent (50%) ownership by Benton County; twenty-five percent (25%) ownership by
Page 260 of 324
Fourth Amended and Restated BCES Interlocal (2024) Page 14
Kennewick; twenty-five percent (25%) ownership by Richland. Property, equipment, or
monies acquired through the Southeast Communications Center Fund on and after June 26,
2018 shall be owned in equal shares by Benton County, Franklin County and the cities of
Kennewick, Richland and Pasco, except to the extent acquired through revenue of E911 taxes
as set forth below. Benton County, Franklin County and the cities of Kennewick, Pasco and
Richland are the only Parties to this Agreement responsible for contributing toward capital
expenditures in the budget process.
E. Ownership Interests – E911 Taxes. Property, equipment, or monies acquired through the
receipt of E911 taxes shall be the property of Benton and Franklin Counties based on the
percentage of E911 tax funds contributed by each county toward said property, equipment or
monies.
F. Ownership Interests – Bi-County Microwave System and Bi-County 800MHz System. The
Benton-Franklin Microwave System and the Benton-Franklin 800MHz System shall be
owned in equal shares of one-fifth (20%) by the following member agencies: Benton
County, Franklin County, and the cities of Kennewick, Richland and Pasco. No other
member agencies shall have an ownership interest in the Benton-Franklin Microwave System
or Benton-Franklin 800MHz System.
6. PUBLIC RECORDS REQUESTS
A. All communications records generated in connection with incidents/calls for service for
which a member/participating agency is contacted or to which a member/participating
agency is dispatched are public records of said member/participating agency (e.g., 911
calls/texts, radio traffic, CAD event chronologies, etc.). All records exclusive of
communications records prepared, owned, used or retained by BCES are public records of
BCES (e.g., contracts, budget, emergency management plans, employee communications,
policy manuals, etc.).
B. The member agencies delegate to the Administrative Jurisdiction the responsibility to set
retention values for all records prepared, owned, used or retained by BCES, including records
owned by the member agencies; provided, however, that in no event shall the retention
values established by the Administrative Jurisdiction fall below the retention values set by
state law. Participating agencies subscribing to BCES for dispatch services must agree via
contract to delegate records retention responsibility to BCES’s Administrative Jurisdiction
consistent with this subsection.
C. Requests for communications records sought under the Washington State Public Records
Act, Chapter 42.56 RCW, and directed to a member/participating agency will be processed
directly by the member/participating agency receiving the request. The member/participating
agency is responsible for coordinating with BCES records staff to search for and produce all
responsive records in a manner to be determined by the BCES Executive Director. Public
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Fourth Amended and Restated BCES Interlocal (2024) Page 15
records requests for communications records will be processed by the member/participating
agency pursuant to that agency’s established public records policy; BCES’s only role in such
instances is to retain records consistent with paragraph 6.B, make communications records
available to the member/participating agency upon request, and retain search documentation
describing how responsive records are located. The Parties acknowledge that the
member/participating agency processing the public records request has the ultimate authority
to release, redact or withhold its own records consistent with the Washington State Public
Records Act.
D. To the extent legal review is needed to respond to a public records request, said review will
be provided by the City Attorney or other legal counsel for the member/participating agency
responsible for processing the public records request. When a public records request is for
records prepared, owned, used or retained by BCES exclusive of communications records,
the City Attorney for the Administrative Jurisdiction will provide the review. The Parties
acknowledge that the Administrative Jurisdiction has ultimate authority to release, redact or
withhold records consistent with the Washington State Public Records Act when the request
is for records exclusive of communications records.
7. DURATION OF AGREEMENT; TERMINATION
This Agreement shall become effective only upon execution by all Parties and filing with each
County Auditor in compliance with RCW 39.34.040. Upon the effective date, this Agreement
shall replace all prior oral agreements, contracts, interlocals and amendments thereto, including
those agreements that have been recorded with the Benton County Auditor, and shall
specifically, but without limitation, supersede the Interlocal Agreement for Benton County
Emergency Services recorded with the Benton County Auditor on October 1, 1996, the Interlocal
Agreement for Benton County Emergency Services Interlocal Cooperation Agreement effective
September 1, 2006, Amendment 1 thereto dated May 11, 2009, the 2012 BCES Interlocal
Agreement recorded with the Benton County Auditor on January 23, 2012, the Second Amended
and Restated Interlocal Agreement for Benton County Emergency Services recorded with the
Benton County Auditor on July 2, 2018, and Amendment No. 1 thereto recorded on August 27,
2020. The initial term of this Agreement shall be ten (10) years, after which this Agreement shall
automatically extend for successive five (5) year terms unless one or more Parties objects to
extending the Agreement no later than six (6) months prior to expiration. Objections to extension
of this Agreement shall be submitted in writing to the Executive Board.
8. AMENDMENTS
Amendments to this Agreement shall only be made upon an affirmative vote of all eleven (11)
member agencies voting in favor of amendment. This section shall not affect how the Board
operates and conducts its business.
9. WITHDRAWALS
Page 262 of 324
Fourth Amended and Restated BCES Interlocal (2024) Page 16
Any Party may withdraw from this Agreement upon providing six (6) months’ advanced written
notice to the Executive Board. A withdrawing Party shall remain liable for obligated payments,
and shall be refunded any payments made but not obligated prior to the date of actual
withdrawal. Any Party so withdrawing shall be responsible for complying with Washington State
law regarding its obligations to provide emergency management and dispatch services. Upon the
act of withdrawing from this Agreement, the withdrawing Party shall be deemed to have
forfeited and released all ownership interest it may have in any property, equipment or monies it
may have or otherwise been eligible to receive under this Agreement.
10. ALLOCATION OF LIABILITY; INDEMNIFICATION
A. Each party shall be solely responsible for its own wrongful or negligent conduct. Each party
promises to indemnify and hold harmless and release all other Parties from any loss, claim or
liability arising from or out of the negligent tortious actions or inactions of its employees,
officers and officials. Such liability shall be apportioned among the Parties or other at-fault
persons or entities in accordance with the laws of the State of Washington. Nothing herein
shall be interpreted to:
1. Waive any defense arising out of RCW Title 51.
2. Limit the ability of a Party to exercise any right, defense, or remedy which a Party may
have with respect to third parties or the employee(s) whose action or inaction gave rise to
loss, claim or liability, including, but not limited to, an assertion that the employee(s)
acted beyond the scope of employment.
3. Cover or require indemnification or payment of any judgment against any individual or
agency for intentionally wrongful conduct outside the scope of employment of any
individual, or for judgment for punitive damages against any individual or agency.
Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of
the individual against whom said judgment is rendered and/or his or her agency
employer, should that employer voluntarily elect to make said payment. This Agreement
does not require indemnification of any punitive damage awards or for any order
imposing fines or sanctions.
11. SEVERABILITY
If any part of this Agreement is held to be illegal or unenforceable by a court of competent
jurisdiction, to the extent possible and practicable, the remaining parts of the Agreement shall
remain in effect and be binding upon all Parties hereto.
12. NO SEPARATE LEGAL ENTITY
Page 263 of 324
Fourth Amended and Restated BCES Interlocal (2024) Page 17
No separate legal entity is created upon execution of this Interlocal Agreement.
13. GOVERNING LAW; VENUE
Jurisdiction and venue for any action relating to the interpretation, enforcement, or any dispute
arising from this Agreement shall be in Yakima County Superior Court. This Agreement shall be
construed in accordance with the laws of the State of Washington.
14. WAIVER
No waiver by any Party hereto of any terms or conditions of this Agreement shall be deemed or
construed to be a waiver of any other term or condition, nor shall the waiver of any breach be
deemed or construed to constitute a waiver of any subsequent breach, whether of the same or any
other term or condition of this Agreement.
15. NO THIRD PARTY RIGHTS
Nothing in this Agreement shall create or be deemed to create any rights in any person or entity
not a party to this Agreement.
[Signature Page to Follow]
Page 264 of 324
Fourth Amended and Restated BCES Interlocal (2024) Page 18
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
identified next to their signatures below.
BENTON COUNTY, WASHINGTON FRANKLIN COUNTY, WASHINGTON
_____________________________ _______________________________
By: Michael Alvarez Date By: Rocky Mullen Date
Chairman, Benton County Commission Chairman, Franklin County Commission
_____________________________ ________________________________
By: Jerome Delvin Date By: Steve Bauman Date
Benton County Commissioner Franklin County Commissioner
______________________________ ________________________________
By: William McKay Date By: Clint Didier Date
Benton County Commissioner Franklin County Commissioner
Attest: Attest:
_______________________________ _________________________________
Clerk of the Board Clerk of the Board
Approved as to Form: Approved as to Form:
_______________________________ __________________________________
Ryan Brown By: Jeff Briggs
Chief Deputy Prosecuting Attorney, Civil Franklin County Chief Civil Deputy
Prosecutor
[Signatures Continue Below]
Page 265 of 324
Fourth Amended and Restated BCES Interlocal (2024) Page 19
CITY OF PASCO CITY OF RICHLAND
______________________________ ___________________________________
By: Dave Zabell Date By: Jon Amundson, ICMA-CM Date
Pasco Interim City Manager Richland City Manager
Attest: Attest:
______________________________ ____________________________________
Debby Barham, City Clerk Jennifer Rogers, City Clerk
Approved as to Form: Approved as to Form:
______________________________ ____________________________________
Eric Ferguson, Pasco City Attorney Heather Kintzley, Richland City Attorney
CITY OF KENNEWICK CITY OF WEST RICHLAND
______________________________ ___________________________________
By: Lisa BeatonErin Erdman Date By: Brent Gerry
Date
Interim Kennewick City Manager Mayor
Attest: Attest:
______________________________ ____________________________________
Krystal Townsend, City Clerk Stephanie Haug, City Clerk
Approved as to Form: Approved as to Form:
______________________________ ____________________________________
Laurencio Sanguino Jessica Foltz
Acting Kennewick City Attorney West Richland City Attorney
[Signatures Continue Below]
Page 266 of 324
Fourth Amended and Restated BCES Interlocal (2024) Page 20
CITY OF PROSSER CITY OF BENTON CITY
______________________________ ___________________________________
By: Gary Vegar Date By: Len Burton Date
Mayor Mayor
Attest: Attest:
_______________________________ ____________________________________
Rachel Shaw, City Clerk Stephanie Haug, City Clerk
Approved as to Form: Approved as to Form:
______________________________ ____________________________________
Howard Saxton, Prosser City Attorney Eric Ferguson, City Attorney for Benton
City
BENTON COUNTY FIRE PROTECTION DISTRICTS 1, 2, AND 4
____________________________________Attest: ______________________________
By: _________________, Commission Chair
BCFPD #1
Date: _______________
___________________________________Attest: ______________________________
By: _________________ Commission Chair
BCFPD #2
Date: _______________
___________________________________Attest: ______________________________
By: ________________, Commission Chair
BCFPD #4
Date: _______________
Page 267 of 324
Fourth Amended and Restated BCES Interlocal (2024) Page 21
Page 268 of 324
AGENDA REPORT
FOR: City Council March 5, 2025
TO: Dave Zabell, Interim City Manager City Council Workshop
Meeting: 3/10/25
FROM: Ken Roske, Police Chief
Police Department
SUBJECT: Resolution - Memorandum of Understanding between the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Pasco
(2 minutes staff presentation)
I. ATTACHMENT(S):
Proposed Resolution
Memorandum of Understanding
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Historically, the Pasco Police Department (Pasco PD) has assigned detectives
to collaborate with regional task forces that include federal law enforcement
agencies, such as the Drug Enforcement Administration (DEA) and the Federal
Bureau the granted been have These (FBI). Investigation of detectives
authority to investigate and enforce federal crimes, as outlined in the respective
agreements, thereby extending their jurisdiction to address a broader range of
criminal activity within the region.
To date, a formal partnership with the Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF) has not been established in connection with these task
forces. This proposed task force will focus on investigating firearms trafficking
and firearms-related violent crime, collecting and analyzing intelligence data
pertaining to firearms trafficking, conducting undercover operations where
necessary, the and employing other investigative techniques to ensure
effective prosecution of cases within both the federal and state judicial
Page 269 of 324
systems, including the United States and the State of Washington.
V. DISCUSSION:
The Pasco PD routinely investigates violent crimes that involve firearms.
Establishing a Memorandum of Understanding (MOU) with the ATF would
provide the Pasco PD the authority to investigate and enforce crimes that are
found in 28 U.S.C. § 599A, 28 U.S.C. §§ 0.130, 0.131, and 18 U.S.C. § 3051.
These crimes would be referred for federal prosecution.
Staff is prepared to answer any additional Council questions concerning the
MOU with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Page 270 of 324
Resolution - MOU with ATF for Violent Crime Task Force - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF
ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND THE CITY OF
PASCO FOR PARTICIPATION IN THE ATF VIOLENT CRIME TASK FORCE.
WHEREAS, the City of Pasco, Washington (City) and the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) desire to enter into this Memorandum of Understanding to
participate in the ATF Violent Crime Task Force; and
WHEREAS, the City is committed to fostering public safety and combating violent crime
within the community; and
WHEREAS, the City recognizes that partnerships with federal law enforcement agencies,
such as the ATF, enhance the City’s ability to investigate, prevent, and reduce firearms trafficking
and firearms-related violent crime; and
WHEREAS, the City has been invited to participate in the ATF Violent Crime Task Force
under the terms and conditions outlined in the Memorandum of Understanding (MOU), attached
hereto as Exhibit A; and
WHEREAS, participation in the Task Force provides enhanced investigative resources,
intelligence sharing, and operational support that benefits public safety in Pasco; and
WHEREAS, the MOU outlines the roles, responsibilities, supervision, resource sharing,
jurisdictional cooperation, and liability protections for both the Pasco Police Department and the
ATF; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the
Memorandum of Understanding with the ATF.
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
Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and
Explosives and the City of Pasco; a copy of which is attached hereto and incorporated herein by
reference as Exhibit A.
Page 271 of 324
Resolution - MOU with ATF for Violent Crime Task Force - 2
Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of
the City of Pasco.
Be It Further Resolved, that the City Council of the City of Pasco hereby delegates
authority to sign any future extensions of said Agreement to the City Manager, or his or her
designee.
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 _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 272 of 324
ATF JLEO Task Force MOU – July 2023 Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF),
And
The Pasco Police Department
This Memorandum of Understanding (“MOU”) is entered into by and between the Bureau of
Alcohol, Tobacco, Firearms and Explosives (“ATF”) and the Pasco Police Department as it
relates to the ATF Violent Crime Task Force (herein referred to as the “Task Force”).
AUTHORITIES
The authority to investigate and enforce offenses under provisions of this MOU are found at 28
U.S.C. § 599A, 28 C.F.R. §§ 0.130, 0.131, and 18 U.S.C. § 3051.
PURPOSE
The Task Force will perform the activities and duties described below:
a. Investigate firearms trafficking
b. Investigate firearms related violent crime
c. Gather and report intelligence data relating to trafficking in firearms
d. Conduct undercover operations where appropriate and engage in other traditional
methods of investigation in order that the Task Force's activities will result in effective
prosecution before the courts of the United States and the State of Washington.
MEASUREMENT OF SUCCESS
The success of this initiative will be measured by the participating agencies willingness to share
certain information, (i.e crime statistics) for the purpose of measuring the success of the task
force as well as its performance.
Impact the threat to public safety caused by criminal possession and use of firearms in the
commission of a violent or drug related crime. This will be accomplished in deterring illegal
firearms trafficking and violent gun crime through a systematic agency approach. The success of
this effort will be measured by the percent of all firearms cases referred for prosecution and
ultimately indicted, percent of all firearms cases referred for prosecution ultimately convicted,
and the number of crime guns taken off the streets.
Page 273 of 324
ATF JLEO Task Force MOU – July 2023 Page 2
PHYSICAL LOCATION
Officers assigned to this Task Force by their employer shall be referred to as Task Force Officers
(TFOs). TFOs will be assigned to the ATF Yakima Field Office and will be located at the Pasco
Police Department.
SUPERVISION AND CONTROL
The day-to-day supervision and administrative control of TFOs will be the mutual responsibility
of the participants, with the ATF Special Agent in Charge or his/her designee having operational
control over all operations related to this Task Force.
TFOs shall remain subject to their respective agencies' policies and shall report to their
respective agencies regarding matters unrelated to this agreement/task force. With regard to
matters related to the Task Force, TFOs will be subject to Federal law and Department of
Justice and ATF orders, regulations and policies, including those related to standards of
conduct, sexual harassment, equal opportunity issues, and Federal disclosure laws.
Failure to comply with this section could result in a TFO’s dismissal from the Task Force.
PERSONNEL, RESOURCES AND SUPERVISION
To accomplish the objectives of the Task Force, ATF will assign Special Agents to the Task
Force. ATF will also, subject to the availability of funds, provide necessary funds and
equipment to support the activities of the ATF Special Agents and TFOs assigned to the Task
Force. This support may include office space, office supplies, travel funds, funds for the
purchase of evidence and information, investigative equipment, training, and other support
items.
Each participating agency agrees to make available to its assigned task force members any
equipment ordinarily assigned for use by that agency. In the event ATF supplies equipment
(which may include vehicles, weapons, or radios), TFOs must abide by any applicable ATF
property orders and policy, and may be required to enter into a separate agreement for their use.
To accomplish the objectives of the Task Force, the Pasco Police Department agrees to detail one
full-time TFO to the Task Force for a period of not less than two (2) years.
All full-time TFOs shall qualify with their respective firearms by complying with ATF’s
Firearms and Weapons Policy.
SECURITY CLEARANCES
All TFOs will undergo a security clearance and background investigation, and ATF shall bear
the costs associated with those investigations. TFOs must not be the subject of any ongoing
investigation by their department or any other law enforcement agency, and past behavior or
punishment, disciplinary, punitive, or otherwise, may disqualify one from eligibility to join the
Page 274 of 324
ATF JLEO Task Force MOU – July 2023 Page 3
Task Force. ATF has final authority as to the suitability of TFOs for inclusion on the Task
Force.
DEPUTATIONS
ATF, as the sponsoring Federal law enforcement agency, will require that the participating
agency’s TFOs be deputized by the U.S. Marshals Service to extend their jurisdiction, to include
applying for and executing Federal search and arrest warrants, and requesting and executing
Federal grand jury subpoenas for records and evidence involving violations of Federal laws.
A TFO will not be considered for Department of Justice legal representation if named as a
defendant in an individual-capacity lawsuit alleging constitutional violations unless all
deputation paperwork has been completed and approved prior to the event(s) at issue in the
lawsuit.
The participating agencies agree that any Federal authority that may be conferred by a deputation
is limited to activities supervised by ATF and will terminate when this MOU is terminated or
when the deputized TFOs leave the Task Force, or at the discretion of ATF.
ASSIGNMENTS, REPORTS, AND INFORMATION SHARING
An ATF supervisor or designee will be empowered with designated oversight for investigative
and personnel matters related to the Task Force and will be responsible for opening, monitoring,
directing, and closing Task Force investigations in accordance with ATF policy and the
applicable United States Attorney General’s Guidelines.
Assignments will be based on, but not limited to, experience, training, and performance, in
addition to the discretion of the ATF supervisor.
All investigative reports will be prepared utilizing ATF’s investigative case management system,
(N-Force/Spartan) utilizing ATF case report numbers. The participating agency will share
investigative reports, findings, intelligence, etc., in furtherance of the mission of this agreement,
to the fullest extent allowed by law. For the purposes of uniformity, there will be no duplication
of reports, but rather a single report prepared by a designated individual which can be duplicated
as necessary. Every effort should be made to document investigative activity on ATF Reports of
Investigation (ROI), unless otherwise agreed to by ATF and the participating agency(ies). This
section does not preclude the necessity of individual TFOs to complete forms required by their
employing agency.
Information will be freely shared among the TFOs and ATF personnel with the understanding
that all investigative information will be kept strictly confidential and will only be used in
furtherance of criminal investigations. No information gathered during the course of the Task
Force, to include informal communications between TFOs and ATF personnel, may be
disseminated to any third party, non-task force member, by any task force member without the
express permission of the ATF Special Agent in Charge or his/her designee.
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ATF JLEO Task Force MOU – July 2023 Page 4
Any public requests for access to the records or any disclosures of information obtained by task
force members during Task Force investigations will be handled in accordance with applicable
federal statutes, regulations, and policies pursuant to the Freedom of Information Act and the
Privacy Act, and other applicable federal and/or state statutes and regulations.
INVESTIGATIVE METHODS
The parties agree to utilize Federal standards pertaining to evidence handling and electronic
surveillance activities to the greatest extent possible. However, in situations where state or local
laws are more restrictive than comparable Federal law, investigative methods employed by state
and local law enforcement agencies shall conform to those requirements, pending a decision as
to a venue for prosecution.
The use of other investigative methods (search warrants, interceptions of oral communications,
etc.) and reporting procedures in connection therewith will be consistent with the policy and
procedures of ATF. All Task Force operations will be conducted and reviewed in accordance
with applicable ATF and Department of Justice policy and guidelines.
None of the parties to this MOU will knowingly seek investigations under this MOU that would
cause a conflict with any ongoing investigation of an agency not party to this MOU. It is
incumbent upon each participating agency to notify its personnel regarding the Task Force’s
areas of concern and jurisdiction. All law enforcement actions will be coordinated and
cooperatively carried out by all parties to this MOU.
INFORMANTS
ATF guidelines and policy regarding the operation of informants and cooperating witnesses will
apply to all informants and cooperating witnesses directed by TFOs.
Informants developed by TFOs may be registered as informants of their respective agencies for
administrative purposes and handling. The policies and procedures of the participating agency
for handling informants will apply to all informants that the participating agency registers. In
addition, it will be incumbent upon the registering participating agency to maintain a file with
respect to the performance of all informants or witnesses it registers. All information obtained
from an informant and relevant to matters within the jurisdiction of this MOU will be shared
with all parties to this MOU. The registering agency will pay all reasonable and necessary
informant expenses for each informant that a participating agency registers.
DECONFLICTION
Each participating agency agrees that the deconfliction process requires the sharing of certain
operational information with the Task Force, which, if disclosed to unauthorized persons, could
endanger law enforcement personnel and the public. As a result of this concern, each
participating agency agrees to adopt security measures set forth herein:
a. Each participating agency will assign primary and secondary points of contact.
Page 276 of 324
ATF JLEO Task Force MOU – July 2023 Page 5
b. Each participating agency agrees to keep its points of contact list updated.
The points of contact for this Task Force are:
ATF: Primary - Resident Agent in Charge, Nicholas Kingston / Secondary – Special Agent
Bryan Bach
Participating Agency: Primary – Captain Jeff Harpster / Secondary – Detective Sergeant Nathan
Carlisle
EVIDENCE
Evidence will be maintained by the lead agency having jurisdiction in the court system intended
for prosecution. Evidence generated from investigations initiated by a TFO or ATF Special
Agent intended for Federal prosecution will be placed in the ATF designated vault, using the
procedures found in ATF orders.
All firearms seized by a TFO must be submitted for fingerprint analysis and for a National
Integrated Ballistic Information Network (NIBIN) examination. Once all analyses are
completed, all firearms seized under Federal law shall be placed into the ATF designated vault
for proper storage. All firearms information/descriptions taken into ATF custody must be
submitted to ATF’s National Tracing Center.
JURISDICTION/PROSECUTIONS
Cases will be reviewed by the ATF Special Agent in Charge or his/her designee in consultation
with the participating agency and the United States Attorney’s Office and appropriate state’s
attorney offices, to determine whether cases will be referred for prosecution to the U.S.
Attorney’s Office or to the relevant state’s attorney’s office. This determination will be based
upon which level of prosecution will best serve the interests of justice and the greatest overall
benefit to the public. Any question that arises pertaining to prosecution will be resolved through
discussion among the investigative agencies and prosecuting entities having an interest in the
matter.
In the event that a state or local matter is developed that is outside the jurisdiction of ATF or it is
decided that a case will be prosecuted on the state or local level, ATF will provide all relevant
information to state and local authorities, subject to Federal law. Whether to continue
investigation of state and local crimes is at the sole discretion of the state or local participating
agency.
USE OF FORCE
All TFOs will comply with ATF and the Department of Justice’s (DOJ’s) Use of Force orders
and policies. TFOs must be briefed on ATF’s and DOJ’s Use of Force policy by an ATF official
and will be provided with a copy of such policy.
Page 277 of 324
ATF JLEO Task Force MOU – July 2023 Page 6
BODY WORN CAMERAS AND TASK FORCE OFFICERS
In accordance with ATF Order 3020.4, dated June 2, 2022, and incorporated herein, Body Worn
Cameras (BWCs) may be worn by TFOs operating on a Federal Task Force when their parent
agency mandates their use by personnel assigned to the task force. In such cases, the TFO and
parent agency shall comply with all DOJ and ATF policies, and the required procedures,
documentation, and reporting while participating on the task force.
MEDIA
Media relations will be handled by ATF and the U.S. Attorney’s Office’s public information
officers in coordination with each participating agency. Information for press releases will be
reviewed and mutually agreed upon by all participating agencies, who will take part in press
conferences. Assigned personnel will be informed not to give statements to the media
concerning any ongoing investigation or prosecution under this MOU without the concurrence of
the other participants and, when appropriate, the relevant prosecutor’s office.
All personnel from the participating agencies shall strictly adhere to the requirements of Title 26,
United States Code, § 6103. Disclosure of tax return information and tax information acquired
during the course of investigations involving National Firearms Act (NFA) firearms as defined in
26 U.S.C., Chapter 53 shall not be made except as provided by law.
SALARY/OVERTIME COMPENSATION
During the period of the MOU, participating agencies will provide for the salary and
employment benefits of their respective employees. All participating agencies will retain control
over their employees’ work hours, including the approval of overtime.
ATF may have funds available to reimburse overtime to the state and local TFO’s agency,
subject to the guidelines of the Department of Justice Asset Forfeiture Fund. This funding would
be available under the terms of a memorandum of agreement (MOA) established pursuant to the
provisions of 28 U.S.C. section 524. The participating agency agrees to abide by the applicable
Federal law and policy with regard to the payment of overtime from the Department of Justice
Asset Forfeiture Fund. The participating agency must be recognized under state law as a law
enforcement agency and their officers as sworn law enforcement officers. If required or
requested, the participating agency shall be responsible for demonstrating to the Department of
Justice that its personnel are law enforcement officers for the purpose of overtime payment from
the Department of Justice Asset Forfeiture Fund. This MOU is not a funding document.
In accordance with these provisions and any MOA on asset forfeiture, the ATF Special Agent in
Charge or designee shall be responsible for certifying reimbursement requests for overtime
expenses incurred as a result of this agreement.
Page 278 of 324
ATF JLEO Task Force MOU – July 2023 Page 7
AUDIT INFORMATION
Operations under this MOU are subject to audit by ATF, the Department of Justice’s Office of
the Inspector General, the Government Accountability Office, and other Government-designated
auditors. Participating agencies agree to permit such audits and to maintain all records relating
to Department of Justice Asset Forfeiture Fund payments for expenses either incurred during the
course of this Task Force or for a period of not less than three (3) years and, if an audit is being
conducted, until such time that the audit is officially completed, whichever is greater.
FORFEITURES/SEIZURES
All assets seized for administrative forfeiture will be seized and forfeited in compliance with the
rules and regulations set forth by the U.S. Department of Justice Asset Forfeiture guidelines.
When the size or composition of the item(s) seized make it impossible for ATF to store it, any of
the participating agencies having the storage facilities to handle the seized property agree to store
the property at no charge and to maintain the property in the same condition as when it was first
taken into custody. The agency storing said seized property agrees not to dispose of the property
until authorized to do so by ATF.
The MOU provides that proceeds from forfeitures will be shared, with sharing percentages based
upon the U.S. Department of Justice Asset Forfeiture policies on equitable sharing of assets, such
as determining the level of involvement by each participating agency. Task Force assets seized
through administrative forfeiture will be distributed in equitable amounts based upon the number
of full-time persons committed by each participating agency. Should it become impossible to
separate the assets into equal shares, it will be the responsibility of all the participating agencies
to come to an equitable decision. If this process fails and an impasse results ATF will become
the final arbitrator of the distributive shares for the participating agencies
DISPUTE RESOLUTION
In cases of overlapping jurisdiction, the participating agencies agree to work in concert to
achieve the Task Force’s goals and objectives. The parties to this MOU agree to attempt to
resolve any disputes regarding jurisdiction, case assignments and workload at the lowest level
possible.
LIABILITY
ATF acknowledges that the United States is liable for the wrongful or negligent acts or
omissions of its officers and employees, including TFOs, while on duty and acting within the
scope of their federal employment, to the extent permitted by the Federal Tort Claims Act, 28
U.S.C. sections 1346(b), 2672-2680.
Claims against the United States for injury or loss of property, personal injury, or death arising or
resulting from the negligent or wrongful act or omission of any Federal employee while acting
Page 279 of 324
ATF JLEO Task Force MOU – July 2023 Page 8
within the scope of his or her office or employment are governed by the Federal Tort Claims Act,
(unless the claim arises from a violation of the Constitution of the United States, or a violation of
a statute of the United States under which other recovery is authorized).
Except as otherwise provided, the parties agree to be solely responsible for the negligent or
wrongful acts or omissions of their respective employees and will not seek financial
contributions from the other for such acts or omissions. Legal representation by the United
States for individual capacity claims is determined by the United States Department of Justice on
a case-by-case basis. ATF cannot guarantee the United States will provide legal representation
to any state or local law enforcement officer.
Liability for any negligent or willful acts of any agent or officer undertaken outside the terms of
this MOU will be the sole responsibility of the respective agent or officer and agency involved.
DURATION
This MOU is effective with the signatures of all parties and terminates at the close of business on
September 30, 2029.
This MOU supersedes previously signed MOUs and shall remain in effect until the
aforementioned expiration date or until it is terminated in writing (to include electronic mail and
facsimile), whichever comes first. All participating agencies agree that no agency shall
withdraw from the Task Force without providing ninety (90) days written notice to other
participating agencies. If any participating agency withdraws from the Task Force prior to its
termination, the remaining participating agencies shall determine the distributive share of assets
for the withdrawing agency, in accordance with Department of Justice guidelines and directives.
This MOU shall be deemed terminated at the time all participating agencies withdraw and ATF
elects not to replace such members, or in the event ATF unilaterally terminates the MOU upon
90 days written notice to all the remaining participating agencies.
MODIFICATIONS
This agreement may be modified at any time by written consent of all participating agencies.
Modifications shall have no force and effect unless such modifications are reduced to writing and
signed by an authorized representative of each participating agency.
SIGNATURES
_______________________/___________ ___________________/_________
Ken Roske Date Jonathan Blais Date
Chief Special Agent in Charge, ATF
Pasco Police Department Seattle Field Division
Page 280 of 324
AGENDA REPORT
FOR: City Council March 5, 2025
TO: Dave Zabell, Interim City Manager City Council Workshop
Meeting: 3/10/25
FROM: Ken Roske, Police Chief
Police Department
SUBJECT: Resolution - Memorandum of Understanding between the Bureau of
Alchohol, Tobacco, Firearms and Explosives (ATF) and the City of
Pasco for NIBIN Enforcement Support System (NESS) (2 minutes staff
presentation)
I. ATTACHMENT(S):
Proposed Resolution
Memorandum of Understanding
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
has Technician Evidence PD) Department's Police Pasco The (Pasco
successfully completed training to input data into the National Integrated
Ballistic Information Network (NIBIN). The NESS (NIBIN Enforcement Support
System) application, managed by the Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF), enables the collection, analysis, referral, and tracking of
NIBIN and other crime gun data. Access to this system will facilitate enhanced
information sharing and provide near real-time intelligence to participating
agencies.
The program’s overarching mission is to reduce firearms violence through the
efficient and effective identification, investigation, and prosecution of individuals
involved in shooting incidents and those responsible for supplying crime guns.
By leveraging existing information technology, ATF aims to better assist law
enforcement violent agencies in investigating shooters, armed offenders,
Page 281 of 324
prohibited persons possessing firearms, and the sources of crime guns.
To formalize this collaboration, a Memorandum of Understanding (MOU) has
been developed to establish a partnership between the Pasco PD and ATF.
This MOU outlines the installation, operation, and administration of ATF's
NESS program and will enable the dissemination of critical crime gun data.
This partnership is expected to enhance the effectiveness of local law
enforcement in reducing firearms violence, identifying perpetrators, and
ensuring successful prosecution.
V. DISCUSSION:
The Pasco PD is seeking approval for a MOU with the ATF to integrate the
NIBIN and NESS systems, enhancing the ability to track and share crime gun
data in real-time.
Staff is prepared to answer any questions regarding the details of the MOU.
Page 282 of 324
Resolution - MOU with ATF for Participation in the NIBIN Program - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF
ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND THE CITY OF
PASCO FOR PARTICIPATION IN THE NATIONAL INTEGRATED
BALLISTIC INFORMATION NETWORK (NIBIN) PROGRAM.
WHEREAS, the City of Pasco, Washington (City) and the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) desire to enter into this Memorandum of Understanding to
participate in the National Integrated Ballistic Information Network (NIBIN) program; and
WHEREAS, the City is committed to fostering public safety and reducing gun violence in
the community; and
WHEREAS, the City recognizes the importance of leveraging technology and data-
sharing to enhance its investigative capabilities, particularly in firearm-related crimes; and
WHEREAS, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) manages
the National Integrated Ballistic Information Network (NIBIN) program, a critical tool in
investigating and solving firearm crimes through the forensic analysis of ballistic evidence; and
WHEREAS, the City desires to participate in the NIBIN program and to formalize this
partnership through a Memorandum of Understanding (MOU), attached hereto as Exhibit A; and
WHEREAS, participation in the NIBIN program will enable the Pasco Police Department
to submit ballistic evidence for analysis, share critical intelligence, and enhance collaborative
investigations with ATF and other participating agencies; and
WHEREAS, the MOU defines the roles, responsibilities, data-sharing expectations, and
operational framework governing Pasco Police Department’s participation in the NIBIN program;
and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the
Memorandum of Understanding with the ATF for participation in the NIBIN program.
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
Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and
Page 283 of 324
Resolution - MOU with ATF for Participation in the NIBIN Program - 2
Explosives 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 Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of
the City of Pasco.
Be It Further Resolved, that the City Council of the City of Pasco hereby delegates
authority to sign any future extensions of said Agreement to the City Manager, or his or her
designee.
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 _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 284 of 324
MEMORANDUM OF UNDERSTANDING REGARDING THE
NIBIN ENFORCEMENT SUPPORT SYSTEM (NESS)
Memorandum of Understanding
between
Pasco Police Department
and the
Bureau of Alcohol,Tobacco,Firearms and Explosives
EI'IIE lEI'I
The Bureau of Alcohol,Tobacco,Firearms and Explosives (ATF)is extending their on—going
commitment to the law enforcement community by providing participating agencies with access to
National Integrated Ballistic Information Network (NIBIN)data.The agency will be able to access
NIBIN data through the NIBIN Enforcement Support System (NESS)via an Internet connection.The
NESS application allows ATF to collect,analyze,refer,and track NIBIN and other crime gun data.
Access will facilitate information sharing and provide near real-time intelligence to participating
agencies.The mission of the program is to reduce ?rearms violence through aggressive identi?cation,
investigation,and prosecution of shooters and their sources of crime guns.
ATF has made a concerted effort to leverage existing information technology to better assist law
enforcement agencies in the investigation of shooters and other armed violent offenders,prohibited
persons possessing ?rearms,and sources of crime guns.This Memorandum of Understanding (MOU)
establishes and de?nes a partnership between the Parties that will result in ATF NESS installation,
operation,and administration for the dissemination of crime gun data to enhance the efforts of law
enforcement to integrate resources to reduce ?rearms violence,identify shooters and sources of crime
guns,and refer them for prosecution.
This MOU is entered into by the US.Department of Justice (DOJ),ATF,and
Pam Police Department ,hereinafter collectively referred to as “the Parties,”and with
Pasco Police Dcpartment referred to as the “NESS Partner Agency.”This MOU will
refer to individuals employed and authorized for NESS access by the NESS Partner Agency as
“Users”.
The Parties agree that it is the public interest to enhance cooperation among Federal,State,Tribal,and
local enforcement and public safety agencies with regard to reducing ?rearms violence,identify
shooters,and their sources of crime guns.The NESS Partner Agency aclmowledges that ATF and the
NESS program will assist Federal,State,Tribal,and local law enforcement and public safety agencies
in combatting ?rearms violence.
This MOU is established pursuant to the authority of the participants to engage in activities related to
the investigation and suppression of violent crimes involving ?rearms.ATF’s authority is derived
from,among other things,28 U.S.C.§599A,18 U.S.C.§3051,27 CFR §0.130,and,speci?cally,the
Gun Control Act of 1968,18 U.S.C.Chapter 44 and the National Firearms Act,26 U.S.C.Chapter
53.The parties enter into this MOU pursuant to 31 U.S.C.§6305.
Page 285 of 324
WM
ATF is a law enforcement organization within DOJ with unique responsibilities dedicated to reducing
violent crime and protecting the public.ATF recognizes the role that ?rearms play in violent crimes
and pursues an integrated enforcement and regulatory strategy.Investigative priorities focus on armed
violent offenders and career criminals,armed narcotics traf?ckers,violent gangs,and domestic and
international arms traf?ckers.
W
The purpose of this MOU is to establish an interagency agreement governing the access and utilization
of NESS.In addition,the MOU will designate a primary and alternate point of contact (POC)for the
NESS Partner Agency.The agency POC will ensure adherence to the MOU between ATF and NESS
Partner Agency Users.These POCs shall also identify individuals from their respective agencies who
will require system access,periodically validate the list of Users,and to notify an ATF POC
immediately if it becomes necessary to revoke or suspend a User’s account.
This MOU is effective upon the date of the last signature by the authorized representatives of the
Parties and shall remain in effect until terminated by either Party
E'IDZII C ..
The Parties agree that a principal POC Within each organization shall coordinate all communication
sandtasksunderthisMOU.To ensure access is permitted to all NESS Partner Agency data,an
Originating Agency Identi?er (ORI Code)must be provided for each ORI code used by the NESS
Partner Agency.The ATF POC can assist the NESS Partner Agency in determining what ORI Codes
are appropriate.The designated POCs shall be as follows:
Name
Seattle Field Division
Address 1521 1st Avenue South #600
Seattle,WA 98134
Name:
Title:
Email Address:
Phone #2
Designated ATF
Prima POC
Hoshihito Kondo
Special Agent
Hosh??to.Kondo@atf.gov
(208)972-2719
Designated ATF
Alternate POC
Catherine Cole
Group Supervisor
Catherine.Colc@a1£gov
(206)348-9717
ATF Field Division
Page 286 of 324
Name
Pasco Police Department
215 W SYLVESTER ST
PASCO,WA 99301
Designated NESS Partner Designated NESS Partner
A enc Prima POC A enc Alternate POC
JEFF HARPSTER ASHLEY HAWORTH
CAPTIAN EVIDENCE TECHNICIAN
(509)727-8522 (509)545-3493
HARPSTERJ@PASCO-WA.GOV LUCASA@PASCO—WA.GOV
8/2/1989
NESS Partner Agency
Address
Name:
Title:
Phone #:
Email Address:
Date of Birth:
Signature:
Date:
NESS Partner Agency ORIs
WAOl 10200
5.11:3 .11..IE I
In becoming an approved NESS Partner Agency of the NESS application,the involved Parties hereby
acknowledge and accept the following responsibilities and procedures:
1.Responsibilities of the NESS Partner Agency.The NESS Partner Agency shall:
a.Appoint primary and alternate POCs within your agency (see table above).The appointed
individuals will be responsible for creating,coordinating,and maintaining a list of all
personnel,and determining the access levels for Users within the Partner Agency who will
require access to NESS.
b.The designated POC(s)will immediately notify ATF in the event that a User’s account needs
to be suspended or revoked for any number of reasons,including (but not limited to)employee
transfer,retirement,or release from employment.
c.Complete a Request for Change of Agency Point of Contact Form if the POC changes.
d.Agree to make every effort to provide complete and accurate information including
investigative reports and data related to NIBIN linked shootings and gun recoveries,to the fullest
extent allowed by law.This includes general event data including case numbers,dates,
Page 287 of 324
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locations,associated persons,etc.Partner Agencies that make a commitment to comprehensive
data sharing with ATF will be provided an information platform for developing the best local
investigative strategies for their community in the reduction of ?rearm related crime and
violence.
e.Share the results of NH31N leads/hits including arrest and prosecution data with ATF via the
NESS application.
f.Provide a list of ORI numbers for the NESS Partner Agency (see table above),which will allow
NESS to associate Users to the correct NESS Partner Agency NIBIN data.If the NESS Partner
Agency needs to add or remove ORI numbers,it shall submit a completed Amendment of
Originating Agency Identi?er Form.
g.Use information generated and retrieved pursuant to this MOU,only for the purpose(s)
identi?ed in the Agreement.
2.Responsibilities of the Bureau of Alcohol,Tobacco,Firearms and Explosives:
a.The ATF Field Division shall:
1)Appoint primary and alternate ATF POCs.
2)Coordinate all communications and tasks listed under this MOU and serve as a liaison
between the NESS Partner Agency POC and ATF’s Firearms Operations Division (FOD).
3)Ensure data sharing processes between AT F and the NESS Partner Agency.
1)
2)
3)
4)
Maintain the NESS application and share NIBIN Leads with the NESS Paitner Agency.
Upon receipt of this signed MOU,provide detailed instructions to the ?eld division POCs
on the process of requesting and receiving NESS User access for the NESS Partner Agency.
Maintain a copy of this MOU along with any associated User agreements.
Review all applications for NESS User access in a timely manner and facilitate the
provisioning of accounts.
Upon receipt of a request for account revocation,FOD will immediately deactivate said User
account.
b.FOD shall:
Page 288 of 324
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Both ATF and the NESS Partner Agency acknowledge their understanding that the NESS application
is “LAW ENFORCEMENT SENSITIVE”and intended “FOR OFFICIAL LAW ENFORCEMENT
USE ONLY.”Failure to protect and safeguard such data from loss,misuse,or unauthorized access
could adversely affect law enforcement operations,including those areas related to of?cer safety,as
well as,the fair and equitable administration of justice,and the privacy of individuals.
Information within NESS is to be used for investigative purposes only.NESS data re?ects a
compilation of information from multiple data sources and should not be relied upon as evidence.
Investigators must collect original reports for any evidentiary purposes.NESS information should not
be used to develop statistics or for reporting purposes.By providing your agency with NESS,ATF is
not waiving any privileges that prevent further disclosure of the materials.No information contained
therein may be duplicated,reproduced,or disseminated without the express authorization of ATF
and/or the Originating Partner Agency,except as may be required by State or Federal law or court of
competent jurisdiction.In accordance with Paragraph 10,Article XII,the NESS Partner Agency
agrees to notify ATF prior to such a release.
The Federal government may monitor and audit usage of this system,and all persons are hereby
noti?ed that use of this system constitutes consent to such monitoring and auditing.Unauthorized
attempts to upload information and/or change information on NESS are strictly prohibited and are
subject to prosecution under the Computer Fraud and Abuse Act of 1986 and Title 18 U.S.C.§§1001
and 1030.
The Parties agree that premature disclosure of NESS data can reasonably be expected to interfere with
pending or prospective law enforcement proceedings.It is agreed that the law enforcement sensitive
?rearms information generated pursuant to this Agreement shall not be disclosed to a third party
without the consent of both Parties of this Agreement,subject to Federal and any applicable non-
con?icting state law.The Parties agree to notify all other Parties to the MOU prior to the release of
any sensitive ?rearms information to a third party under State or Federal law.The Parties acknowledge
that NESS shall only be used for law enforcement purposes.
The Parties agree to de?ne a “crime gun’as “any ?rearm illegally possessed,used in a crime,or
suspected by law enforcement of?cials of having been used in a crime.”
A'A'lL
The applicablestatutes,regulations,directives,and procedures of the United States,DO],and ATF shall
govern this MOU and all documents and actions pursuant to it.Nothing in this MOU will prevail over
any Federal law,regulation,or other Federal rule recognized by ATF.This MOU is not a funding
document.All speci?c actions agreed to herein shall be subject to funding and administrative or
legislative approvals.
Page 289 of 324
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Am‘glg ?II,Mg?ifigg?gns and Igrmina?gns
This MOU shall not affect any pre-existing or independent relationships or obligations between the
Parties.If any provision of this MOU is determined to be invalid or unenforceable,the remaining
provisions shall remain in force and unaffected to the ?illest extent permitted by law and regulation.
Amendments to this MOU are effective upon the date of the last signature on the Amendment,by the
authorized representative(s)of the Parties.This MOU may be amended or modi?ed only by written
agreement and mutual consent of the Parties.Parties to this MOU may terminate their participationat
any time upon a seven (7)day written noti?cation of their intent to withdraw to the other Party.If
either Party terminates this MOU,ATF will retain all of its interest in the electronically stored
information contained in the NESS database.
Termination of the MOU by either Party will result in the revocation of all NESS accounts established
under this Agreement.However,after termination,ATF agrees to provide to the NESS Partner Agency
continued access to the NIBIN data associated with only cases originating ?'om the NESS Partner
Agency,subject to Federal law and regulations.
3.]IXI'IT
Each Party shall assume the responsibility and liability for the acts and omissions of its own
employees or agents in connection with the performance of their obligations under this Agreement
that are executed within the scope of their employment,including claims for injury,loss or
damage to personal property or death,except in the case of the federal Government,liability shall
be determined pursuant to the Federal Tort Claims Act (F TCA —28 U.S.C.§1346).
No third party is intended to bene?t or otherwise claim any rights whatsoever under this MOU.The
rights and obligations set out in the MOU run between the signatories to this MOU only.
Am'glg XI [Jsgr A§§§§§
Prior to gaining NESS access,each User shall execute a User Agreement and Rules of Behavior,
acknowledging that the operations described in this Agreement are subject to audit by the ATF;the
U.S.Department of Justice;Of?ce of the Inspector General;the General Accounting Of?ce;and other
auditors designated by the U.S.Government.
W
The use of the NESS system is provided without charge to the NESS Partner Agency.ATF is not
responsible for costs associated with the NESS Partner Agency’s computer hardware,computer
software (other than the NESS application),Internet connection(s),or other communications
requirements associated with their use of the NESS application.ATF will maintain access to the
NESS application furnished to the NESS Partner Agency and shall facilitate repairs to the NESS
application in an expeditious manner,subject to availability and funding,but no guarantees as to when
repairs will be completed.However,ATF will not assume maintenance or repairs required as the
result of improper use of the NESS application or enhancements to the NESS application,as well as
repairs to local computer hardware,computer software,or communications problems.AT F will not
Page 290 of 324
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fund the costs associated with a NESS Partner Agency who chooses to manipulate their internal data
structure for data communication and transfer reasons.
3.12‘111..||.[ll
1.Relationship between the Parties:The relationship between the Parties to this Agreement is and
shall remain that of independent departments and entities.Nothing herein shall be construed to imply
that either Party’s employees are employees of the other.
2.Resources:This MOU does not require that the Parties are to contribute resources (?nancial or
otherwise)to each other.
3.Letters of Understanding:The Parties are responsible for establishing relevant letters of
understanding or interagency agreements initiated or required as a consequence of this MOU.
4.No Guarantee:The NESS Partner Agency acknowledges that information is input into the NESS
system based on data collected and available at the time,and that ATP makes no guarantee that said
information will always be l00%accurate or up to date.
5.Anti-Deficiency Act:The obligations in this MOU are subject to the availability of the necessary
resources to the Parties.No provision of this MOU shall be interpreted to require obligation or payment
of funds in violation of the Anti-De?ciency Act,31 U.S.C.Section 1341,or other applicablelaws.
6.Entire Agreement:The mutual covenants and terms represent the entire Agreement and
understanding of the Parties with respect to the subject matter hereof and supersede all prior and
contemporaneous agreements and understandings relative to such subject matters.No representation
sorstatementsofanykindmadebyeitherParty,which are not expressly stated herein,shall be binding
on such Party.
7.Waiver:Failure or delay on the part of any Party to exercise any right,remedy,power or privilege
hereunder shall not operate as a waiver thereof.A waiver,to be effective,must be in writing and signed
by the Party making the waiver.A written waiver of a default shall not operate as a waiver of any
other default or of the same type default on a future occasion.
8.Severability:A determination that any term of this MOU is invalid for any reason shall not affect
the validity of the remaining terms.
9.Governing Law:The terms and provisions in this Agreement shall be construed under the
applicable federal laws,in conjunction with state and local laws that do not con?ict with the federal
mandates.
10.Release of Information:Releases to the media or third parties,judicial demands,public
announcements,Freedom of Information Act/Privacy Act/Open Records requests,and
communications with Congress concerning information generated and retrieved pursuant to this MOU
shall be addressed by the Parties following coordination by authorized representatives of each Party
Page 291 of 324
NameName
S ecial A cut in Char e
Title
Pasco Police Department Seattle Field Division
NESS Partner Agency ATF Field Division
E'IXIIIC I'
It is the intent of the signatories that this MOU ensures coordination,cooperation and the mutual
conduct of enforcement and research activities relative to the NESS application.The result ofthis
cooperation and coordination will be the successful prosecution of illegal ?rearm crimes in State and
Federal jurisdictions as well as the development of an accurate picture of violent crime and the
inception of new strategies to effectively disrupt the cycle of violence.
ATP and the NESS Partner Agency hereby agree to abide by the terms and conditions of this MOU,
including any appendices,and all policies of the NESS Program.In witness whereof,the parties have
hereby executed this MOU.
Signature Date Signature Date
(Chief Law Enforcement or Public Safety Official)(ATF -Special Agent in Charge)
Jonathan E.Blais
Signature
Will Panoke
Name
Chief Firearms O erations Division
Title
v4 (4/7/1022)
Date
Title
Page 292 of 324
AGENDA REPORT
FOR: City Council March 5, 2025
TO: Dave Zabell, Interim City Manager City Council Workshop
Meeting: 3/10/25
FROM: Ken Roske, Police Chief
Police Department
SUBJECT: Resolution - Memorandum of Understanding with the Washington State
Department of Commerce and the City of Pasco for participation in the
Domestic minutes Violence High Risk Team (DVHRT) (2 staff
presentation)
I. ATTACHMENT(S):
Proposed Resolution
Memorandum of Understanding
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The Pasco Police Department (Pasco PD) has been invited to join the Franklin
County multidisciplinary a (DVHRT), Team High Violence Domestic Risk
collaboration aimed at improving responses to high-risk domestic violence
cases. The DVHRT model is a nationally recognized approach that pairs law
enforcement, victim services, prosecutors, corrections, and other partners to
assess and intervene in the highest risk domestic violence cases.
As part of this collaborative, the Pasco PD would adopt and use the Danger
Assessment for Law Enforcement (DA-LE) tool when responding to intimate
partner violence incidents. Officers will be trained to utilize this evidence-based
tool, and Pasco PD would provide related data to the Geiger Institute, a
national leader in DVHRT best practices.
V. DISCUSSION:
Page 293 of 324
Participation in the DVHRT strengthens Pasco’s commitment to victim safety
and offender accountability. The team-based approach fosters real-time
information sharing and joint case planning, which enhances public safety and
the quality of victim services.
Participation also is (MOU) Understanding a Memorandum this in of
prerequisite for certain funding opportunities through the Washington State
Department Commerce of Department requires Commerce. of The
communities to form and maintain an active DVHRT as a condition for eligibility
to and apply for specific grants related to domestic violence prevention
response. By signing this MOU, Pasco Police Department becomes eligible to
benefit from these funding streams, which could help cover training costs,
equipment, or other domestic violence response enhancements in the future.
This proactive participation not only enhances local law enforcement’s capacity
to address domestic violence but also positions the City to leverage state and
federal grant opportunities to support continued program development and
expansion.
Staff is prepared to answer council questions regarding the MOU with the
Washington State Department of Commerce for participation in the Domestic
Violence High Risk Team.
Page 294 of 324
Resolution - MOU with the WA ST Dept of Commerce for Participation in the DVHRT - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE WASHINGTON
STATE DEPARTMENT OF COMMERCE AND THE CITY OF PASCO FOR
PARTICIPATION IN THE DOMESTIC VIOLENCE HIGH RISK TEAM
(DVHRT).
WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political
subdivisions to jointly exercise their powers, privileges, or authorities with other political
subdivisions of this State through the execution of an interlocal cooperative or interagency
agreement; and
WHEREAS, the City of Pasco, Washington (City) and partner agencies, is committed to
improving public safety and protecting victims of domestic violence; and
WHEREAS, the City has been invited to meaningfully participate in the Domestic
Violence High Risk Team (DVHRT) under a Memorandum of Understanding (MOU) with the
Washington State Department of Commerce, which administers funding and oversight for the
DVHRT program; and
WHEREAS, the DVHRT is a collaborative multidisciplinary team intended to increase
victim safety, enhance offender accountability, and improve coordination between law
enforcement, prosecutors, victim services, probation, and other community partners; and
WHEREAS, as part of the MOU, the Pasco Police Department will utilize risk assessment
tools such as the Danger Assessment for Law Enforcement (DA-LE), share relevant data, and
collaborate with partner agencies; and
WHEREAS, the terms and conditions of participation, including roles, responsibilities,
training requirements, and data sharing expectations, are outlined in the Memorandum of
Understanding (MOU) attached hereto as Exhibit A; and
WHEREAS, participation in the DVHRT enhances the Pasco Police Department’s ability
to proactively identify and manage high-risk domestic violence cases, improving both victim
safety and offender accountability
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the
Memorandum of Understanding with the Washington State Department of Commerce for
participation in the Domestic Violence High Risk Team (DVHRT).
Page 295 of 324
Resolution - MOU with the WA ST Dept of Commerce for Participation in the DVHRT - 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the
Memorandum of Understanding between the Washington State Department of Commerce 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 Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of
the City of Pasco; and to make minor substantive changes necessary to execute the Agreement.
Be It Further Resolved, that the City Council of the City of Pasco hereby delegates
authority to sign any future extensions of said Agreement to the City Manager, or his or her
designee.
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 _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 296 of 324
SFY25 DVHRT MOU
Memorandum of Understanding (MOU)
The signed members below agree to meaningfully participate in the Domestic Violence High Risk Team
(DVHRT). This includes supporting the appropriate staff to attend technical assistance calls, trainings,
team calls, and timely providing requested policies and information. Organization specific agreements
are outlined below:
Lead Victim Service Organization:
The identified lead victim service organization agrees to act as the lead or co-lead of the DVHRT and to
employ a DVHRT Coordinator.
All Victim Service Organizations:
All victim service organizations that will participate on the DVHRT agree to have their direct service
advocates become certified in and use the Danger Assessment with survivors.
Law Enforcement Agency(ies)
All law enforcement agencies that will participate on the DVHRT agree to implement and utilize the
Danger Assessment for Law Enforcement (DA-LE) with victims of intimate partner violence. All law
enforcement agencies agree to implement written policy on the DA-LE, receive officer training on DA-LE
administration and provide DA-LE-related data to the Geiger Institute.
Prosecution
All prosecutors’ offices that will participate on the DVHRT agree to consider the DA-LE in pretrial
decision-making and receive training on the DA-LE. All parties agree to participate in good faith and with
improving victim safety at the center of decision-making.
DVHRT members may have different levels of confidentiality obligations in regards to sharing victim
information, this MOU does not remove these obligations.
By signing this Memorandum of Understanding, all parties attest that an authorized representative of
each agency/organization has done the following:
Attended the Preconference or viewed a recording of the Preconference
Reviewed their community’s application for funding from the Washington State Department of
Commerce in its entirety
Page 297 of 324
SFY25 DVHRT MOU
Victim Services: __________________________________________________
______________________________________
Signature Printed Name
___________________________________________ ______________________________________
Title Date
Law Enforcement Agency: __________________________________________
_____________________________________
Signature Printed Name
__________________________________________ _____________________________________
Title Date
Prosecutor’s Office: ________________________________________________
____________________________________
Signature Printed Name
__________________________________________ ____________________________________
Title Date
Probation Department: _____________________________________________
_____________________________________
Signature Printed Name
_________________________________________ _____________________________________
Title Date
Tribal Community: _________________________________________________
_____________________________________
Signature Printed Name
_________________________________________ _____________________________________
Title Date
Page 298 of 324
SFY25 DVHRT MOU
Corrections: ________________________________________________________
____________________________________
Signature Printed Name
__________________________________________ ____________________________________
Title Date
Additional Organization: _______________________________________________
_____________________________________
Signature Printed Name
__________________________________________ _____________________________________
Title Date
Additional Organization: ________________________________________________
____________________________________
Signature Printed Name
_________________________________________ ____________________________________
Title Date
Additional Organization: _______________________________________________
____________________________________
Signature Printed Name
_________________________________________ _____________________________________
Title Date
Page 299 of 324
AGENDA REPORT
FOR: City Council March 5, 2025
TO: Dave Zabell, Interim City Manager City Council Workshop
Meeting: 3/10/25
FROM: Ken Roske, Police Chief
Police Department
SUBJECT: Resolution - Letter of Agreement between the Geiger Institute and the
City of Pasco for Implementation of the Danger Assessment for Law
Enforcement (DA-LE) Model (2 minutes staff presentation)
I. ATTACHMENT(S):
Proposed Resolution
Letter of Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The Pasco Police Department (Pasco PD) has the opportunity to partner with
the Geiger Institute, a division of the Jeanne Geiger Crisis Center, to receive
training Danger the of the implementation assistance technical and in
Assessment for Law Enforcement (DA-LE) tool.
The DA-LE is an evidence-based assessment tool designed to help law
enforcement officers identify cases of intimate partner violence which presents
the highest risk of lethality. The tool promotes early intervention, enhanced
victim more safety, and informed pretrial decisions by law enforcement,
prosecutors, and the courts.
V. DISCUSSION:
By participating in this agreement, Pasco PD will receive expert-led training
and technical assistance at no direct cost to the City. This includes:
Page 300 of 324
Development of written policies for DA-LE administration.
Training of Pasco Police Department officers through a Train-the-Trainer
model.
Training for advocates, prosecutors, and judges to align system-wide
understanding and implementation.
Ongoing technical support and data analysis to monitor and improve
program effectiveness.
Participation in this program strengthens the City’s position for future grant
eligibility. Several Department of Commerce funding opportunities related to
domestic violence intervention and prevention are contingent upon participation
in evidence-based, collaborative programs such as DVHRT and DA-LE. By
formally committing to this agreement, Pasco PD not only enhances its
domestic violence response but also creates a pathway for future funding to
support ongoing program development, technology, and staffing needs.
Page 301 of 324
Resolution – Letter of Agreement with the Geiger Institute for DA-LE - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A LETTER
OF AGREEMENT BETWEEN THE GEIGER INSTITUTE AND THE CITY OF
PASCO FOR IMPLEMENTATION OF THE DANGER ASSESSMENT FOR
LAW ENFORCEMENT (DA-LE) MODEL.
WHEREAS, the City of Pasco, Washington (City) is committed to improving public safety
and protecting victims of domestic violence through evidence-based tools and strategies; and
WHEREAS, the Geiger Institute, a division of the Jeanne Geiger Crisis Center, is a
recognized leader in providing technical assistance and training to law enforcement agencies
nationwide to implement the Danger Assessment for Law Enforcement (DA-LE) model; and
WHEREAS, the DA-LE model provides law enforcement officers with a validated risk
assessment tool designed to identify high-risk domestic violence cases, enhance victim safety, and
improve offender accountability; and
WHEREAS, the City has received a Letter of Agreement from the Geiger Institute
outlining the terms, roles, and responsibilities associated with the technical assistance and training
necessary to implement the DA-LE model; 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 this Letter
of Agreement with the Geiger Institute to support the police department’s implementation of the
DA-LE model.
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 Letter
of Agreement between the Geiger Institute 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 Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of
the City of Pasco; and to make minor substantive changes necessary to execute the Agreement.
Be It Further Resolved, that the City Council of the City of Pasco hereby delegates
authority to sign any future extensions of said Agreement to the City Manager, or his or her
designee.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 302 of 324
Resolution – Letter of Agreement with the Geiger Institute for DA-LE - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 303 of 324
Page 1 of 6
February 4, 2025
Chief Ken Roske
Pasco Police Department
215 W. Sylvester Street,
Pasco, WA 99301
Dear Chief Roske:
This letter will serve as the Agreement under which the Geiger Institute (a division of the Jeanne
Geiger Crisis Center) will provide training and technical assistance (“TTA”) to the Pasco Police
Department (the “Site” or “PPD” and, collectively with the Geiger Institute, the “Parties” and each,
a “Party”) to implement the Danger Assessment for Law Enforcement (“DA-LE”). PPD will receive
TTA funded through the State of Washington pursuant to Washington House Bill 1715, which
funds the implementation of Domestic Violence High Risk Teams (DVHRTs) in Washington.
All TTA costs associated with DA-LE implementation will be paid to the Geiger Institute under a
separate contract between the Geiger Institute and the State of Washington, Department of
Commerce Office on Crime Victims Advocacy (“Washington-Geiger Contract”).
DA-LE IMPLEMENTATION OVERVIEW AND SCOPE OF WORK
This Agreement sets forth the terms and obligations between the Geiger Institute and PPD in
relation to implementation of the DA-LE. TTA to the multi-agency cohort will be delivered through
video conference calls, phone calls, email and other written communications. The implementation
process is comprised of the following components:
• Project Orientation Call
• Regular Technical Assistance Calls
The Geiger Institute will deliver reasonable technical assistance throughout DA-LE implementation
through a series of regular video conference calls. Topics of technical assistance will include:
o Development of mandatory written policies/directives on DA-LE administration
o Development of a DA-LE high-risk intervention protocol for connect of high- risk victims to
DV services
o Customization of a DA-LE training curriculum
o Preparation for a DA-LE Train-the-Trainer event
o Preparation for training events for advocates, prosecutors and judges
o Post-implementation trouble-shooting
o Data collection and analysis
• Train-the-Trainer Event
Page 304 of 324
Page 2 of 6
Geiger Institute trainers will deliver a Train-the-Trainer event. The training event will prepare
designated law enforcement trainers to deliver the DA-LE training to officers. The Geiger Institute
will provide a customized Train-the-Trainer Curriculum.
• Training for Advocates
The Geiger Institute will deliver a training for advocates that will provide an overview of the DA-LE
and prepare advocates to begin receiving the DA-LE.
• Training for Prosecutors
The Geiger Institute will deliver a training for prosecutors on the DA-LE and its use in court.
• Training for Judges
The Geiger Institute will deliver a training for judges on the DA-LE and its role in court.
TERM OF AGREEMENT
This Agreement shall commence on the date of signing and shall terminate upon the earlier of (a)
one year after the training of officers, or (b) termination of the Washington-Geiger Contract.
Notwithstanding termination of this Agreement, the Site agrees to provide monthly data on its use
of the DA-LE to the Geiger Institute for as long as the Site uses the DA-LE.
INDEPENDENT CONTRACTOR
It is the express intention of the Parties that the Geiger Institute is an independent
consultant/contractor under this Agreement and not an employee, agent, or partner of the Site or
its partners. Nothing in this Agreement shall be interpreted or construed as creating or
establishing the relationship of an employer and employee. The Parties acknowledge that the
Geiger Institute is not an employee for state and federal tax purposes.
DA-LE ACKNOWLEDGEMENT AND AUTHORIZATION OF USE FORM
Upon completion of all officer training, the Site will provide the Geiger Institute with a signed DA-LE
Acknowledgement and Authorization of Use Form (“Authorization”) (attached hereto as Addendum
A), after which the Site may begin using the DA-LE. The Site agrees that it will not begin use of the
DA-LE until the signed Authorization is provided to the Geiger Institute.
PROPRIETARY INFORMATION
All intellectual property rights, including copyrights, patents, patent disclosures and inventions
(whether patentable or not), trademarks, service marks, trade secrets, know-how and other
confidential information, trade dress, trade names, logos, corporate names and domain names,
together with all of the goodwill associated therewith, derivative works and all other rights
Page 305 of 324
Page 3 of 6
(collectively, “Intellectual Property Rights”) in and to all documents, work product, and other
information and materials that are provided to the Site under this Agreement or prepared by or on
behalf of the Geiger Institute in the course of performing the TAA (collectively, the “Deliverables”)
shall be owned by Geiger Institute. Geiger Institute hereby grants the Site a license to use all
Intellectual Property Rights in the Deliverables free of additional charge and on a non-exclusive,
non-transferable, non-sublicensable, fully paid- up, royalty-free, and perpetual basis to the extent
necessary to enable the Site to use the DA-LE after the signed Authorization is provided to the
Geiger Institute. The Geiger Institute reserves the right to revoke the aforementioned license to
use the Deliverables if (a) the Deliverables have become outdated and updated Deliverables have
been developed and provided to the site, or (b) it determines that the Site has substantively
altered the Deliverables or is using the Deliverables in a manner in which they were not intended
to be used. In the event the Site develops new intellectual property based on the Deliverables
provided to the Site by the Geiger Institute, such intellectual property shall be owned by the Geiger
Institute.
CONFIDENTIALITY
Confidential Information. From time to time during the term of this Agreement, either Party (as the
“Disclosing Party”) may disclose or make available to the other Party (as the “Receiving Party”),
non-public, proprietary, and confidential information of Disclosing Party (“Confidential
Information”); provided, however, that Confidential Information does not include any information
that: (a) is or becomes generally available to the public other than as a result of Receiving Party’s
breach of this Agreement; (b) is or becomes available to the Receiving Party on a non-confidential
basis from a third-party source, provided that such third party is not or was not prohibited from
disclosing such Confidential Information; (c) was in the Receiving Party’s possession prior to the
Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by Receiving
Party without using any Confidential Information (as evidenced by contemporaneous written
records).
Maintenance of Confidentiality. The Receiving Party shall: (i) protect and safeguard the
confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of
care as the Receiving Party would protect its own Confidential Information, but in no event with
less than a commercially reasonable degree of care; (ii) not use the Disclosing Party’s Confidential
Information, or permit it to be accessed or used, for any purpose other than to exercise its rights
or perform its obligations under this Agreement; and (iii) not disclose any such Confidential
Information to any person or entity, except to the Receiving Party’s employees who need to know
the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights
or perform its obligations under this Agreement. The Receiving Party shall neither disclose any
Disclosing Party Confidential Information nor permit any Disclosing Party Confidential Information
to be disclosed, either directly or indirectly, to any third party without the Disclosing Party’s prior
written consent. Receiving Party shall not make any copies of Disclosing Party’s Confidential
Information unless the same are previously approved in writing by the Disclosing Party. The
Receiving Party shall reproduce the Disclosing Party’s proprietary rights notices on any such
authorized copies, in the same manner in which such notices were set forth in or on the original.
The Receiving Party shall immediately notify Disclosing Party of any unauthorized use or
Page 306 of 324
Page 4 of 6
disclosure, or suspected unauthorized use or disclosure, of Disclosing Party Confidential
Information.
Required Disclosures. If the Receiving Party is required by applicable law or legal process to
disclose any Confidential Information, it shall, prior to making such disclosure, use commercially
reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the
opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other
remedy.
Return of Confidential Information. All documents and other tangible objects containing or
representing Disclosing Party’s Confidential Information and all copies of them will be and remain
the property of Disclosing Party. Upon expiration or termination of this Agreement or Disclosing
Party’s earlier request, Receiving Party will: (a) promptly deliver to Disclosing Party all Disclosing
Party Confidential Information, except that the Receiving Party may retain one copy to ensure
compliance with its obligations under this Agreement or pursuant to an established back up or
document retention policy; and (b) promptly cease the use of all analyses, studies, and other
documents prepared based on the Disclosing Party Confidential Information and will maintain any
such documents in confidence in accordance with the obligations above under “Maintenance of
Confidentiality.”
Confidential Terms. Except as otherwise required by applicable law, each of the Parties hereto
agrees not to disclose to any third party the terms of this Agreement without the prior written
consent of the other Party hereto; provided that the Parties shall be free to disclose such terms to
the extent required by applicable law or to advisors, and in addition, with respect to the Geiger
Institute as the Receiving Party, to existing and potential investors, existing and potential partners
and acquirers, licensees, and others on a need-to-know basis under circumstances that
reasonably ensure the confidentiality thereof.
Right to Equitable Relief. Receiving Party agrees that any violation or threatened violation of this
section (Confidentiality) will cause irreparable injury to Disclosing Party, entitling Disclosing Party
to obtain injunctive relief in addition to all legal remedies without showing or proving any actual
damage and without any bond required to be posted.
INDEMNIFICATION
Indemnification Obligation. To the extent allowable, each Party hereby agree to indemnify and
hold harmless the other Party against all losses, claims, damages, liabilities, costs, and expenses
(including reasonable attorneys’ fees) (collectively, “Losses”) by any third party as a result of or
related to (i) any breach by the indemnifying Party of any term, representation, or warranty of this
Agreement, or (ii) any gross negligence or willful misconduct of the indemnifying Party.
Additionally, the Site will indemnify the Geiger Institute against any Losses arising out of the
Geiger Institute’s performance of the TTA, other than Losses arising out of the Geiger Institute’s
gross negligence, willful misconduct, or willful breach of this Agreement.
Indemnification Procedure. Each Party shall promptly notify the other Party in writing of any claim,
complaint, suit, proceeding, or cause of action for which such Party believes it is entitled to be
Page 307 of 324
Page 5 of 6
indemnified pursuant to this section (Indemnification) (each, a “Claim”). The Party seeking
indemnification (the “Indemnitee”) shall cooperate with the other Party (the “Indemnitor”) at the
Indemnitor's sole cost and expense. The Indemnitor shall promptly assume control of the defense
of such Claim and employ counsel reasonably acceptable to the Indemnitee to handle and defend
the same at the Indemnitor's sole cost and expense. If both Parties are named as defendants in
such Claim and the Site is the Indemnitor, then the Site will use reasonable efforts to support any
efforts to dismiss or otherwise remove the Geiger Institute from such Claim if possible. The
Indemnitee may participate in and observe the proceedings at its own cost and expense with
counsel of its own choosing. The Indemnitor shall not settle any Claim on any terms or in any
manner that adversely affects the rights of any Indemnitee without the Indemnitee's prior written
consent. If the Indemnitor fails or refuses to assume control of the defense of such Claim, then
the Indemnitee shall have the right, but no obligation, to defend against such Claim, including
settling such action after giving notice to the Indemnitor, in each case in such manner and on
such terms as the Indemnitee may deem appropriate. The Indemnitee's failure to perform any
obligations under this section (Indemnification Procedure) will not relieve the Indemnitor of its
indemnification obligations above, except to the extent that the Indemnitor can demonstrate that
it has been materially prejudiced as a result of such failure.
Disclaimer
THE TTA AND DELIVERABLES ARE PROVIDED “AS IS.” THE GEIGER INSTITUTE SPECIFICALLY
DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF
DEALING, USAGE, OR TRADE PRACTICE. THE SITE IS SOLELY RESPONSIBLE FOR DETERMINING
THE APPROPRIATENESS OF IMPLEMENTING AND USING THE DELIVERABLES PROVIDED UNDER
THIS AGREEMENT AND THE SITE ASSUMES ANY RISKS ASSOCIATED WITH DOING SO.
Limitation of Liability.
IN NO EVENT SHALL THE GEIGER INSTITUTE BE LIABLE TO THE SITE OR TO ANY THIRD PARTY FOR
ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR
ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES
WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR
NOT GEIGER INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL
PURPOSE.
IN NO EVENT SHALL THE GEIGER INSTITUTE’S AGGREGATE LIABILITY ARISING OUT OF OR
RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE
AMOUNTS PAID OR PAYABLE TO GEIGER INSTITUTE BY THE STATE OF WASHINGTON.
Page 308 of 324
Page 6 of 6
ENTIRE AGREEMENT
This Agreement, including any attachments, constitutes the entire agreement and understanding
between the Parties concerning this subject and as of its date, cancels, terminates, and
supersedes all prior written and oral understandings, agreements, proposals, promises, and
representations of the parties respecting any of the subject matter contained herein. If any
provision of this Agreement is held to be illegal, invalid or unenforceable by a competent
jurisdiction, then that provision will be fully severable, and the remaining provisions of this
Agreement will remain in full force and effect. This Agreement can be amended if, and only if,
such amendment is in writing and is signed by each Party.
GOVERNING LAW
This Agreement is governed by and is to be interpreted and enforced in accordance with, the Laws
of the State of Massachusetts without giving effect to any choice of law or conflict of laws rules or
provisions.
ACCEPTANCE
Your signature below indicates acceptance of this proposal and its terms and forms an agreement
between the Geiger Institute and the Site as of the date of such signature.
_______________________________________________________ ________________
Kelly Dunne Date
Chief of Operations
Jeanne Geiger Crisis Center/Geiger Institute
_______________________________________________________ ________________
Chief Ken Roske Date
Pasco Police Department
Page 309 of 324
AGENDA REPORT
FOR: City Council March 5, 2025
TO: Dave Zabell, Interim City Manager City Council Workshop
Meeting: 3/10/25
FROM: Ken Roske, Police Chief
Police Department
SUBJECT: Resolution - Service Agreement between Hanford Mission Integration
Solutions (HIMS) and the City of Pasco for use of the Emergency
Vehicle Operations Course (2 minutes staff presentation)
I. ATTACHMENT(S):
Proposed Resolution
Services Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The Pasco Police Department (Pasco PD) has historically utilized the Hanford
Patrol Course Operations Vehicle (PTA) Academy’s Training Emergency
(EVOC) located at the Volpentest HAMMER Federal Training and Education
Center to provide critical driver training for its officers. This training is required
to ensure officers receive certified Emergency Vehicle Operations instruction,
which is essential for safe and effective emergency response driving.
Hanford prime Mission Integration Solutions, LLC (HMIS), acting as the
contractor to the U.S. Department of Energy (DOE), manages the facility and
has established a service agreement for law enforcement agencies wishing to
use the EVOC. The service agreement outlines terms of use, scheduling
processes, safety and health requirements, liability and indemnity clauses, and
administrative provisions.
For 2025, the EVOC facility will continue to be available to Pasco PD under this
Page 310 of 324
Service Agreement at no direct cost for daily use, pursuant to the Hanford
Emergency Management Plan and the Mutual Law Enforcement Assistance
Memorandum of Understanding (MOU).
V. DISCUSSION:
The agreement ensures that the Pasco PD officers have access to high-quality,
secure, and DOE-compliant training facilities to conduct mandatory emergency
vehicle operations training. The training is conducted in accordance with
Washington State Criminal Justice Training Center standards and the Hanford
Patrol Training Academy’s approved lesson plans.
The terms of the agreement include:
Compliance with all Hanford Site and DOE safety and security
requirements.
Shared responsibility for any property damage under the Washington
Comparative Fault Statute (RCW 4.22).
Termination or cancellation rights for either party with 14 days' notice.
Clear designation of representatives from both parties for
communication and notice.
There is no financial obligation to the City under this agreement for use of the
EVOC costs any for responsible remain However, PD Pasco itself. will
associated with transportation, personnel, or incidental expenses incurred
during training.
Staff is prepared to answer any additional Council questions concerning the
Memorandum of Understanding with Hanford Mission Integration Integration
Solutions, LLC.
Page 311 of 324
Resolution - Service Agreement for Use of the Emergency Vehicle Operations Course - 1
reRESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A SERVICE
AGREEMENT BETWEEN HANFORD MISSION INTEGRATION
SOLUTIONS AND THE CITY OF PASCO FOR USE OF THE EMERGENCY
VEHICLE OPERATIONS COURSE.
WHEREAS, the City of Pasco, Washington (City) is committed to ensuring officers
receive high-quality training, including critical emergency vehicle operations training that
promotes officer and public safety; and
WHEREAS, the City has utilized the Emergency Vehicle Operations Course (EVOC) at
the Hanford Patrol Training Academy for more than a decade, demonstrating a successful and
beneficial partnership between the City and Hanford Mission Integration Solutions (HMIS); and
WHEREAS, the Service Agreement between the City and HMIS formalizes the continued
use of the EVOC facility, providing necessary space, equipment, and instructional support for
officer training; and
WHEREAS, this longstanding partnership ensures that the police department maintains
high standards in emergency vehicle operations, benefiting both officer safety and the safety of the
public; and
WHEREAS, the terms and conditions governing the use of the facility, safety protocols,
scheduling, and liability are outlined in the Service Agreement, attached hereto as Exhibit A; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the Service
Agreement with Hanford Mission Integration Solutions for use of the Emergency Vehicle
Operations Course.
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 Service
Agreement between Hanford Mission Integration Solutions 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 Interim City Manager, or his or her designee, of the City
of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said
Agreement on behalf of the City of Pasco; and to make minor substantive changes necessary to
execute the Agreement.
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Resolution - Service Agreement for Use of the Emergency Vehicle Operations Course - 2
Be It Further Resolved, that the City Council of the City of Pasco hereby delegates
authority to sign any future extensions of said Agreement to the City Manager, or his or her
designee.
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 _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 313 of 324
Service Agreement for 2025
CRF 6252
With Pasco Police Department
For the use of the
Patrol Training Academy’s Emergency Vehicle Operations Course
THIS AGREEMENT, effective this 1st day of January 2025, is made by and between HANFORD
MISSION INTEGRATION SOLUTIONS, LLC ("HMIS"), prime contractor to the UNITED STATES
DEPARTMENT OF ENERGY, RICHLAND OPERATIONS OFFICE ("DOE"), a Department of the
United States of America (Government) and Pasco Police Department (“Customer”).
HMIS has been authorized by DOE to furnish to Customer certain equipment, services, and/or staff
for training purposes (hereinafter referred to as the "Activity"), pursuant to the Hanford Mission
Essential Services Contract Number 89303320DEM000031.
SCHEDULING
Customer understands and agrees (i) that the Activity is subject to the priority of the DOE on a not-to-
interfere basis; and (ii) that DOE, through its facility administrator HMIS, has sole responsibility and
discretion for allocating and scheduling use of the equipment, services, and/or staff needed for or
involved in the Activity.
SAFETY AND HEALTH
HMIS/HAMMER will provide a hazard analysis for the course as required for training on the HAMMER
campus. All participants will comply with the requirements of the Training Activity Hazard Analysis.
All participants (both HMIS and Customer) will comply with all DOE Hanford Site and HMIS/HAMMER
safety and security protocols, including but not limited to any event specific safety plan associated
with provided training activities.
All participants will follow the local county and DOE requirements based on the Center for Disease
Control for COVID-19. Requirements will be communicated prior to arrival based on infection rates in
the county for the time of the training.
SHIPMENT SAFETY
Customer shall ensure that all shipments made to the Hanford site in performance of this Subcontract
are packaged and loaded for safe handling and unloading. Deliveries to the Hanford site or HMIS-
controlled facility may be refused and/or unloading work stopped by any DOE or HMIS employee for
unsafe conditions or practices. Customer is responsible for ensuring that they and all lower-tier
subcontractors have the appropriate DOT certificates, paperwork, and signage.
HANFORD SITE DATA AND FACILITY ACCESS
Both parties mutually agree that all applicable requirements will be met associated with data usage,
transfer and facility access. This includes but is not limited to the adherence of each entity’s control
regarding electronic data management. In addition, usage of personnel meeting the DOE definition of
“Foreign National.” HMIS requires at least fourteen (14) day notice to ensure additional DOE
requirements are met in the event that a Foreign National will have access to DOE data, will be
involved with a Site visit, or is participating as a classroom training. At least seven (7) day notice is
required in advance of other on-site visits and/or activities.
CONTROLLED USE INFORMATION
As contemplated by the description of services and associated documents, both parties agree that no
information or data subject to DOE Order requirements relating to Official Use Only, UCNI, classified
Page 314 of 324
information or otherwise restricted DOE information will be exchanged or otherwise referenced in the
development of training materials.
CONFIDENTIALITY OF DATA
As contemplated by the description of services and associated documents, both parties agree that no
information or data that is confidential, proprietary, or otherwise restricted is required to perform the
services and training described. However, in the event such information is required for training
development, both parties mutually agree it will not discuss Confidential or otherwise restricted data
directly or indirectly, under any circumstances to any third party without the express written prior consent
of the affected party.
INSURANCE
It is the policy of the U.S. Department of Energy and HMIS not to pay for insurance against loss,
damage, or destruction of government property. Contractor shall not under any circumstances
charge back insurance costs to Buyer.
WORKPLACE SUBSTANCE ABUSE PROGRAM
HMIS is subject to 10 CFR 707, Workplace Substance Abuse Programs at DOE Sites, HMIS expects
Contractor adhere to the requirements of the referenced order to the extent applicable to the services
under this Agreement.
PROPERTY
The Government shall retain title to all Government-furnished property. Title to Government property
shall not be affected by its incorporation nor shall Government property become a fixture or lose its
identity as personal property by being attached to any real property. The Contractor shall not be
liable for loss of Government property furnished or acquired under this contract except when one of
the following applies: risk is covered by insurance; loss is the result of willful misconduct or lack of
good faith on the part of Contractor’s managerial personnel; and/or the DOE Contracting Officer has,
in writing, revoked the Government’s assumption of risk for loss
AUTHORITY, ADMINISTRATION, AND TRANSFER
It is understood and agreed that this Agreement is entered into by HMIS in its role as prime contractor
to DOE and that (i) HMIS is authorized to and will administer this Agreement for DOE; (ii)
administration of this Agreement may be assigned by a contractual agreement between DOE and
HMIS which determines their role in the administration of training at this facility or its designee upon
written notice to Customer; and (iii) in case of such assignment and notice thereof to Customer, HMIS
shall have no further responsibility hereunder.
LIABILITY AND INDEMNITY
A. Neither the Government nor DOE and its agents, employees, or contractors (including
HMIS) or other persons acting on their behalf, including officers, directors, officials,
representatives, employees, staff, and subcontractors will be responsible for any personal
injury or damage to or destruction of property of any kind whatsoever resulting from the
furnishing of and use by Customer of equipment, material, and/or staff under this Agreement,
unless directly resulting from the negligence of the Government, DOE, or agents or persons
acting on their behalf, consistent with the Washington Comparative Fault Statute (R.C.W.
4.22 et seq.).
B. Neither the Government, nor DOE and its agents, employees, or contractors (including HMIS),
or, and other persons acting on their behalf, including officers, directors, officials,
representatives, employees, staff, and subcontractors will be responsible, irrespective of cause,
for failure to furnish any equipment, material, and/or staff under this Agreement at any particular
Page 315 of 324
time or in any particular manner when the interests of the Government preempt any schedule.
C. Customer shall give notice to HMIS as soon as practicable of any claim made against the
Government, DOE, or their agents or other persons acting on their behalf and/or Customer and
afford them the opportunity, to the extent allowed by applicable laws, rules, or regulations, to
participate in and control their defense. Customer shall provide reasonable assistance and
information to the Government, DOE, HMIS, and their agents and other persons acting on their
behalf to support their defense.
ENTIRE AGREEMENT
This Agreement constitutes the entire contract between the parties and supersedes any other
promises, agreements, or written correspondence. This Agreement cannot be amended, and no
provision can be waived except by an instrument in writing duly executed by each of the parties.
AUTHORITY, ADMINISTRATION, AND TRANSFER
It is understood and agreed that this Agreement is entered into by HMIS in its role as prime contractor
to DOE and that (i) HMIS is authorized to and will administer this Agreement for DOE; (ii)
administration of this Agreement may be assigned by HMIS to DOE or its designee upon written
notice to Customer; and (iii) in case of such assignment and notice thereof to Customer, HMIS shall
have no further responsibility hereunder.
STATEMENT OF WORK
The EVOC Training Center at Hanford Patrol Training Academy will provide access to the classrooms
and props during scheduled times made between PTA EVOC Program manager and Pasco PD for
the following price per day:
Please see attached estimate.
*DailyRate $348.27
*For MOU Customers:
There is no charge for the use of the EVOC per the DOE-RL-94-02, Hanford
Emergency Management Plan, Memorandum of Understanding (MOU) for
Mutual Law Enforcement Assistance agreement.
DAMAGE POLICY
Per the Washington Comparative Fault Statute (R.C.W. 4.22), parties are responsible for personal
injury and property damage they may cause during the use of HAMMER and/or the Patrol Training
Academy.
DESIGNATED REPRESENTATIVES AND NOTICES
Prior to commencement of the Services, each Party shall designate a representative authorized to act on
its behalf, shall advise the other Party in writing of the name, address, and telephone number of such
designated representative, and shall inform the other Party of any subsequent change in such
designation. All communications to Company and HMIS relating to the Contract shall be communicated
through such designated representatives.
Page 316 of 324
Any Notice required to be delivered under the terms of this Master Contract shall be delivered to the
representative of the other Party as designated below. In addition to providing Notice to the company,
HMIS shall provide the participating Affiliate about which the Notice pertains, a copy of the same
addressed to the representative as set forth on Exhibit D. Additional Affiliates, which may elect to
participate in and under this Master Contract after the effective date hereof, shall notify Consultant of the
proper representative and address for forwarding Notices required hereunder. All Notices shall either be:
(i) hand delivered; (ii) deposited in the mail, properly stamped with the required postage; (iii) sent via
registered or certified mail; or (iv) sent via recognized overnight courier service. The Parties’ addresses
for purposes of Notice shall be as set forth below and for Affiliates, as listed on Exhibit D.
If to Company: If to Consultant:
Attention: Attention:
Email: E-mail:
Telephone: Telephone:
Either Party may change the name or address of the designated recipient of Notices by delivery of a
Notice of such change as provided for in this Article.
INSURANCE
Both Parties acknowledge and agree that they shall procure at their own expense and maintain
insurance policies and coverage reasonable, appropriate, and applicable to the services being
delivered under this service agreement. Prior to commencement of work, the Parties shall exchange
satisfactory evidence of insurance coverage, unless waived in writing. If such applicable insurance or
materially changed with respect to the scope of the services described, the affected party must notify
the other immediately and in writing.
TERMINATION/CANCELLATION POLICY
Either party may terminate this Agreement for any reason at any time by giving not less than 14 days
prior written notice to the other party; provided, however, that DOE reserves the right to immediately
terminate this Agreement without regard to the aforesaid written notice when termination of this
Agreement is determined to be in the best interests of the Government. Termination shall be without
prejudice to the rights of either party. Upon such termination, Customer shall pay to HMIS for all
Services satisfactorily performed by HMIS as of the date of termination. Customer shall be
responsible for any shipping and/or handling charges associated with return of Customer-owned
equipment received at the HAMMER facility.
APPLICABLE LAW AND VENUE
In the event of any matter or dispute arising out of or related to a Contract, it is agreed between the
Parties that such Contract shall be interpreted in accordance with the substantive and procedural
laws (including statute of limitations provisions) of the State of Washington.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date
and year first written above.
CUSTOMER HANFORD MISSION INTEGRATION SOLUTIONS
__________________________________ ______________ _____
Signature Signature
__________________________________ Mick Thompson______________
Name (print) Name (print)
__________________________________ PTA EVOC Program Manager
Title Title
__________________________________ _______________ __________
Date Date
__________________________________ _ __
Phone/Email Phone/Email
Pasco Police Department EVOC Program Manager:
215 W. Sylvester St. Captain Mick Thompson
Pasco, WA 99301 509-376-4686 Office
509-545-3421 509-366-1431 Cell
M_J_Mick_Thompson@rl.gov
Page 318 of 324
ATTACHMENT A: MISCELLANEOUS PROVISIONS
STOP WORK RESPONSIBILITY – ON-SITE WORK
A. Every Buyer and Subcontractor employee has the responsibility and authority to stop
work IMMEDIATELY, without fear of reprisal, when they are convinced, a situation
exists that places himself/herself, coworker(s), or the environment in danger or at risk
per DOE-0343, "Stop Work."
1. Any employee who reasonably believes that his/her safety is in jeopardy, or who
is convinced a situation exists that places themselves, their coworker(s), or the
environment in danger, is expected to refuse work without fear of reprisal by
management or coworkers, and is entitled to have the safety concern resolved
prior to participating in the work.
2. Employees are expected to report any practice or condition they believe presents
an unacceptable risk. Notification should be made to the affected worker(s) and
then to the supervisor or his/her designee, at the location where the practice or
condition exists. After notification, resolution of the issue resides with the
responsible manager.
3. The BTR shall also be notified when a Stop Work affects the Subcontract staff
and the performance of work. The direction to resume work will be made in
writing from the BTR.
B. The Subcontractor shall provide for the flow-down of appropriate requirements of this
clause to lower-tier subcontractors performing work on-site at a DOE-owned or leased
facility. Such Subcontracts shall provide for the right to stop work under the conditions
described herein.
ATTACHMENT B: PROHIBITED ARTICLES
Subcontractor’s employees shall not personally carry, or otherwise transport or transfer, certain items
onto the Hanford Site or any DOE-owned or leased facility, or off the Site proper at which the
Subcontractor is performing work under this Subcontract.
A. The following items are prohibited articles anywhere on site or in site-associated
facilities (to include vehicle parking areas and pedestrian walkways):
1. Pets and animals (guide dogs are permitted).
2. Weapons as defined in RCW 9.41.270.
3. Alcoholic beverages – Includes any intoxicating beverage, liquor or other product containing
alcohol, including "near" and "non-alcoholic" beer and "energy drinks" which identify alcohol as
an ingredient.
4. Controlled substances and drug paraphernalia (prescription drugs are permitted in the original
container).
5. Explosives or incendiary devices (road flares are permitted).
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6. Any article prohibited by law.
7. If Subcontractor, or any of its employees, needs to use a prohibited item to meet a requirement
of this Subcontract, Subcontractor shall contact Buyer for guidance in acquiring the necessary
prohibited/controlled article pass.
8. Subcontractor’s employees and their vehicles, packages, or other types of containers are
subject to a search for prohibited articles at any time while performing work on the Hanford
Site or in any DOE owned or leased facility located off the Site proper. Prohibited articles
found in the possession/control of Subcontractor’s employees which are not listed on a
valid prohibited/controlled article pass may be confiscated.
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Statement of Work
FY 2025 Law Enforcement EVOC Training
at Hanford Patrol Training Academy (PTA) All Vehicles
General
All vehicles used at the EVOC shall be police or law enforcement vehicles; no private vehicles authorized. Any
reference to vehicles means police vehicles.
Deliverables
Hanford Patrol Training Academy will:
As requested by the PTA EVOC Program Manager (PM), in HFACTS complete and submit a Customer
Requirements Form (CRF) to reserve the EVOC skills pad, track and trailer for the training dates agreed to by
the PTA EVOC PM and the Law Enforcement Customer’s Point of Contact (LE POC).
Prepare and submit required contracting documents (e.g., Service Agreement and a Cost Estimate) to the LE POC and
others, if/as required.
Give copies of any required documents to the LE POC for review and approval. Ensure paper copies of the
aforementioned documents are maintained on file, including those that have been signed (approved) by the
LE POC.
The Hanford PTA will:
Unless pre-approved by the Commandant, PTA, allows only one agency at a time to use the EVOC.
Confirm the LE POC wants his/her department personnel trained to the PTA’s approved EVOC lesson plan 1
and not to a variation of same, e.g., one that has been modified, tweaked, revised or otherwise changed.
Confirm the LE EVOC Instructors are certified for the type of vehicles the agency will bring to the training.
Ensure only vehicles authorized for use on EVOC by Hanford PTA are used during the training event.
Have the EVOC PM reserve the EVOC skills pad, track and trailer for the training dates agreed to by the PTA
EVOC PM and the LE POC.
Complete and submit/file the required HAMMER approval paperwork.
Provide the LE Customer’s personnel access to the EVOC classroom and props as scheduled.
Provide the initial PTA/EVOC facility training/safety briefing/orientation to EVOC LE POC before training
commences.
Provide certification and recertification of LE POC EVOC instructors (Certification is per the Washington State
Criminal Justice Training Center Requirements for EVOC Instructors).
1 All PTA lesson plans are required to be reviewed and approved by the Hanford Patrol Protective Force Safety Organization to ensure the training can be conducted
in compliance with applicable hazard analysis (reference SAS-7321, Hazards Analysis Procedure) and PTA facility, training, safety and environmental requirements.
Page 321 of 324
Ensure training conducted per the PTA’s approved EVOC lesson plan.
LE Customer POC will:
Submit the EVOC training request to the PTA EVOC PM and confirm department personnel are to be trained to
the PTA’s approved EVOC lesson plan and not to a variation of same, e.g., one that has been modified,
tweaked, revised or otherwise changed.
Upon receipt of required contracting documents (e.g., Contract Service Agreement), review and approve (sign/date) if
acceptable then return them to the HAMMER LE PM. If not acceptable, work with the PTA EVOC PM and/or the
HAMMER LE PM to resolve the issue(s).
Ensure that department personnel who are to be trained complete the PTA/EVOC facility training/safety
briefing/orientation before training commences.
Ensure department personnel are trained in accordance with the PTA’s approved EVOC lesson plan.
During the period of his/her department’s EVOC reservation, deny EVOC use to other external agencies unless
prior approval is granted by the Commandant, Hanford Patrol Training Academy.
Will ensure that their EVOC instructors recertify every two years or sooner as needed.
Will ensure PTA approval for any vehicles not previously authorized for use at the EVOC.
Contacts:
HMIS Tech POC: Mick J. Thompson
(509) 376-4686 - Office
(509) 366-1431 - Cell
m_j_mick_thompson@rl.gov
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Promote a high-quality of life through quality programs, services and
appropriate investment and re- investment in community
infrastructure.
City Council Goals
QUALITY OF LIFE
2024-2025
Enhance the long-term viability, value, and service levels of services
and programs.
FINANCIAL SUSTAINABILITY
Promote a highly functional multi-modal transportation system.
COMMUNITY TRANSPORTATION NETWORK
Implement targeted strategies to reduce crime through strategic
investments in infrastructure, staffing, and equipment.
COMMUNITY SAFETY
Promote and encourage economic vitality.
ECONOMIC VITALITY
Identify opportunities to enhance City of Pasco identity, cohesion,
and image.
CITY IDENTITY
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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
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