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2025.03.17 Council Meeting Packet
AGENDA City Council Regular Meeting 7:00 PM - Monday, March 17, 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 meeting. To listen to the meeting via phone, call 1-332-249-0718 and use access code 898 850 332#. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 6 - 19 (a) Approval of Meeting Minutes for February 28th, March 3rd, March 7th and March 10th To approve the minutes of the Pasco City Council Special Meetings held February 28th and March 7th, Regular Meeting held on March 3rd and Regular Workshop held on March 10, 2025. 20 - 21 (b) Bills and Communications - Approving Claims in the Total Page 1 of 473 Amount of $3,743,876.74 To approve claims in the total amount of $3,743,876.74 ($1,159,010.99 in Check Nos. 270055 - 270324; $1,328,434.55 in Electronic Transfer Nos. 849424 - 849426,849430,849438 - 849441, 849450, 849454 - 849456; $15,958.95 in Check Nos. 54899 - 54905; $1,239,931.14 in Electronic Transfer Nos. 30222213 - 30222857; $541.11 in Electronic Transfer Nos. 344 - 346). 22 - 205 (c) Resolution No. 4575 - Change Order No. 3 for Wastewater Treatment Plant Phase 2A Construction Contract with Apollo To approve Resolution No. 4575, authorizing the City Manager to execute Change Order No. 3 with Apollo, Inc. for the Wastewater Treatment Plant Phase 2A Improvements Project. 206 - 217 (d) Resolution No. 4576 - Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Pasco To approve Resolution No. 4576, authorizing the Interim City Manager to execute the Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Pasco for participation in the ATF Violent Crimes Task Force. 218 - 229 (e) Resolution No. 4577 - Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Pasco for NIBIN Enforcement Support System (NESS) To approve Resolution No. 4577, authorizing the Interim City Manager to execute the Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Pasco for participation in the National Ballistic Information Network (NIBIN) program. 230 - 236 (f) Resolution No. 4578 - 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) To approve Resolution No. 4578, authorizing the Interim City Manager to execute the 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). 237 - 246 (g) Resolution No. 4579 - Letter of Agreement Between the Geiger Institute and the City of Pasco for Implementation of the Danger Assessment for Law Enforcement (DA-LE) Model To approve Resolution No. 4579, authorizing the Interim City Page 2 of 473 Manager to execute the Letter of Agreement between the the Geiger Institute and the City of Pasco for implementation of the Danger Assessment for Law Enforcement (DA-LE) model. 247 - 259 (h) Resolution No. 4580 - Service Agreement between Hanford Mission Integration Solutions (HIMS) and the City of Pasco for use of the Emergency Vehicle Operations Course To approve Resolution No. 4580, authorizing the Interim City Manager to execute the the Service Agreement between Hanford Mission Integration Solutions (HIMS) and the City of Pasco for use of the Emergency Vehicle Operations Course. 260 - 267 (i) Approve Visit Tri-Cities Tourism Promotion Area Reserve Funding Request and 2025 Work Plan To approve the 2025 Special Project Expenditures for the Tourism Promotion Area (TPA) in the amount of $549,500 to be allocated from the TPA Reserve Balance. To approve the Visit Tri-Cities 2025 Work Plan as presented. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS (a) Pasco High School Dance Team Recognition Mayor Serrano will read and present a letter of congratulations to the Pasco High School Dance Team Members for their recent win at the National Hip Hop Dance Competition 6. PUBLIC COMMENTS - The public may address Council on any items unless it relates to a scheduled Public Hearing. This item is provided to allow the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. Lastly, when called upon, please state your name and city or county residency into the microphone before providing your comments. 7. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers Page 3 of 473 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 268 - 316 (a) *Q Ordinance No. 4764 - Columbia River Walk Apartments West Rezone from I-1 to R-4 (Z 2024-009) (5 minute staff presentation) MOTION: I move to adopt Ordinance No. 4764, amending the zoning classification of certain real property located at 2326 W A Street, on the south side of W A Street at the intersection of W A Street and S 23rd Avenue, in Pasco, Franklin County, Washington, from I-1 Light Industrial to R-4 High-Density Residential and, further, authorize publication by summary only. 317 - 362 (b) Resolution No. 4581 - Fourth Amended and Restated Interlocal Agreement with Benton County Emergency Services (BCES) (2 minute staff presentation) MOTION: I move to approve Resolution No. 4581, authorizing the Interim City Manager to execute a Fourth Amended and Restated Interlocal Agreement for the Benton County Emergency Services. 363 - 379 (c) Ordinance No. 4765 - Amending 3.35.220 & 3.65.150 and Creating 13.85.095 with regards to Irrigation Utility Rates (5 minute staff presentation) MOTION A (Full Connection Fee): I move to adopt Ordinance No. 4765, Amending Pasco Municipal Code Sections 3.35.220 "Irrigation Water Utility Fee" and Section 3.65.150 "Senior Discount" and creating Section 13.85.095 "Connection Fee" and, further, authorize publication by summary only. -or- MOTION B (Reduced Connection Fee): I move to adopt Ordinance No. 4765, Amending Pasco Municipal Code Sections 3.35.220 "Irrigation Water Utility Fee" and Section 3.65.150 "Senior Discount" and creating Section 13.85.095 "Connection Fee" and, further, authorize publication by summary only. 10. UNFINISHED BUSINESS 11. NEW BUSINESS 380 - 404 (a) Transportation Impact Fee Study - Fehr & Peers (15 minute staff presenation) 405 - 468 (b) City Manager Recruitment (3 minute staff presentation) Page 4 of 473 469 - 471 (c) Request for Zoning Code Text Amendment (5 minute staff presentation) 12. MISCELLANEOUS DISCUSSION 13. 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) 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 472 - 473 (b) Adopted Council Goals (Reference Only) (c) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the City Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 5 of 473 AGENDA REPORT FOR: City Council March 12, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 3/17/25 FROM: Debra Barham, City Clerk City Manager SUBJECT: Approval of Meeting Minutes for February 28th, March 3rd, March 7th and March 10th I. ATTACHMENT(S): 2.28.2025, 3.3.2025, 3.7.2025 and 3.10.2025 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Special Meetings held February 28th and March 7th, Regular Meeting held on March 3rd and Regular Workshop held on March 10, 2025. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 473 MINUTES City Council Special Meeting 4:30 PM - Friday, February 28, 2025 Fire Station No. 82, 3502 Varney Lane ATTENDEES A quorum of Pasco Councilmembers and City staff. PASCO FIRE DEPARTMENT PUSH-IN CEREMONY The Pasco Fire Department hosted a community event celebrating the newest fire engine to the Pasco Fire Station No. 82 fleet. This is a 100-year-old tradition of "pushing-in" the new fire engine into the station. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 1 of 1Page 7 of 473 MINUTES City Council Regular Meeting 7:00 PM - Monday, March 3, 2025 Pasco City Hall, Council Chambers & Microsoft Teams Webinar CALL TO ORDER The meeting was called to order at 7:00 PM by Pete Serrano, Mayor. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: None Councilmembers absent: None Staff present: Dave Zabell, Interim City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jesse Rice, Parks & Recreation Director; Ken Roske, Police Chief; Maria Serra, Public Works Director; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes for February 18th, 11th and 24th To approve the minutes of the Pasco City Council Regular Meeting held on February 18, 2025, Special Meetings held on February 21 & 24, 2025, and Regular Workshop held on February 24, 2025. Bills and Communications - Approving Claims in the Total Amount of $6,687,837.82 To approve claims in the total amount of $6,687,837.82 ($4,486,513.58 in Check Nos. 269796 - 270054; $941,759.82 in Electronic Transfer Nos. 849159 - 849236, 849251 - 849372, 849376 - 849380; $6,620.73 in Check Nos. 54894 - 54898; Page 1 of 7Page 8 of 473 $1,252,759.87 in Electronic Transfer Nos. 30221573 - 30222212 $183.82 in Electronic Transfer Nos. 1006). Resolution No. 4571 - 2025-2029 Tri-Cities HOME Consortium Consolidated Plan & 2025 Annual Action Plan To approve Resolution No. 4571, approving the 2025-2029 Tri-Cities HOME Consortium Consolidated Plan and the 2025 Annual Action Plan. Resolution No. 4572 - Approve a 5-Year Professional Services Agreement with Verra Mobility for Red Light Safety Cameras To adopt Resolution No. 4572, authorizing the Interim City Manger to execute a Professional Services Agreement with Verra Mobility for Red Light Safety Cameras with Enhanced Video Services. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve the Consent Agenda as read. RESULT: Motion carried unanimously. 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales PUBLIC COMMENTS Mary Mahoney, Pasco resident, commented on the bald eagles, the Pasco Public Facilities District, Comprehensive, Improvement Plan (CIP), Tri Cities Animal Control, and WSU Animal Services. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mr. Grimm stated that he traveled to the State Capital earlier in the day to drop off two of his children who were participating in the Legislative Page Program. While there, he advocated for the City of Pasco's projects. Mayor Pro Tem Milne reported on the second Push-In Event at Fire Station No. 82 held on Friday, February 28th. Mr. Perales reported on a Development Fee Review meeting held on Thursday, February 27th. He congratulated the Chiawana High girls basketball team for their recent victory. Mayor Serrano expressed sympathies to former Fire Chief Gear related to the recent passing of Mr. Gear's wife. Page 2 of 7Page 9 of 473 HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Hearing: Local Improvement District No. 152 Final Assessment Roll & Ordinance No. 4762 - Local Improvement District No. 152 Final Assessment Roll Mr. Harpster recused himself from this item and left the Council Chambers at 7:12 PM. Mayor Serrano called the Public Hearing, a the quasi-judicial action for the final assessment roll for Local Improvement District (LID) No. 152. He read the process of the public hearing. Mayor Serrano asked the City Clerk if any protests were received for this item. Ms. Barham stated that no protests were submitted to the City Clerk's Office. Mayor Serrano read the Appearance of Fairness Doctrine applies to the hearing. Next, he asked the remaining Councilmembers if anyone had potential conflicts of interest to disclose such potential conflicts or appearance of conflicts. With no response from the Councilmembers, he asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. No one came forward. Mr. DiJulio, special legal counsel for the LID No. 152, provided a brief presentation regarding the LID for the East Urban Growth Area (UGA) Sewer expansion. Mr. Ferguson administered the Oaths to the witnesses for the LID No. 152, which included: Ryan Writhers, Evan Ranes, and Brandon Lane. Mr. DiJulio called Mr. Ryan Writhers forward as a witness for the pre formation, formation, design and construction of the East UBA Sewer expansion and asked Mr. Writhers a series of questions. Mr. Bob Sterbank called Mr. Evan Ranes forward as a witness as an appraiser of real property included in the LID No. 152 area and asked Mr. Ranes a series of questions. Ms. Barajas asked Mr. Ranes for a current Washington State Appraiser license. The current license will be entered as Exhibit I. Mr. DiJulio explained the process moving forward if the final assessment of the LID No. 152 is approved by Council. At 7:43 PM, Mayor Serrano called for any protests to come forward at this time. Page 3 of 7Page 10 of 473 No one came forward. Mr. Perales expressed appreciation for the presentation. Staff asked for clarification between the Hybrid Charge and the Adjusted Assessment dollar amounts. Mayor Serrano closed the public hearing. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Perales to adopt Ordinance No. 4762, approving and confirming the assessments and final assessment roll of Local Improvement District No. 152 for the construction of new sanitary sewer gravity mains, a lift station, force mains and other sewer improvements in the City’s East Urban Growth Area (UGA) (collectively, the “Improvements”), as provided by Ordinance No. 4592, and levying and assessing a part of the cost and expense thereof against the several parcels of land as shown on the final assessment roll and, further, authorize publication by summary only. RESULT: Motion carried unanimously by Roll Call vote. 6-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, and Councilmember Perales ABSTAIN: Councilmember Harpster Mr. Harpster returned to the Council Chambers at 7:48 PM. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance No. 4763 - Approving Use of Park Development Funds for Memorial Pool Bubble Cover & Improvements Project Mr. Rice provided a brief presentation on the two projects including the Memorial Pool Dome Project. He noted a project shortfall and requested that funds be moved from the Park Development Funds to cover the shortfall. Council and Mr. Rice briefly discussed the project and timeline. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Barajas to adopt Ordinance No. 4763, amending the 2025-2026 Biennial Capital Projects Budget (Ordnance No. 4750), approving expenditure of $315,000 of Park Development funds to cover the resultant budgetary deficiency for the Memorial Pool Bubble Cover & Improvements project. RESULT: Motion carried unanimously. 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Page 4 of 7Page 11 of 473 Perales Resolution No. 4573 - Bid Award for Memorial Pool Bubble Cover New Construction, Construction Project (5 minutes staff presentation) Ms. Serra provided a brief report on the bid award for the new construction for the deck and bubble cover for Memorial Pool. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve Resolution No. 4573, awarding Bid No. 23479 for the Memorial Pool Bubble Cover New Construction project to ESF Development, LLC (dba ESF Solutions)of Walla Walla, Washington, and further, authorize the Interim City Manager to execute the contract documents, allowing for all necessary budget adjustments. RESULT: Motion carried unanimously. 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales Resolution No. 4574 - Purchase Agreement with Musco Sports Lighting, LLC for Purchase and Installation of Burden Boulevard Soccer Complex Field Lighting Mr. Rice provided a brief report on the purchase of field lighting at the soccer fields located on Burden Boulevard. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve Resolution No. 4574, authorizing the Interim City Manager to execute a purchase agreement with Musco Sports Lighting, LLC for the purchase and installation of 5-fields of sports field lighting at the Burden Blvd Soccer Complex. RESULT: Motion carried unanimously. 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales UNFINISHED BUSINESS Irrigation Utility Revenue Requirements & Connection Charges Mr. Zabell and Ms. Serra provided a brief update on the Irrigation Utility's connection fee and rates options. Council commented on their preferences and it was a toss up between Options A Page 5 of 7Page 12 of 473 & B. NEW BUSINESS Presentation - Potential Changes to Inspection Services Ms. Sigdel provided a brief report on potential updates to the City's inspection services and included the benefits and challenges to amending permitting. Council briefly discussed the proposed amendments to permitting and inspections. Mr. Ferguson advocated for continuing to require permits for structure improvements on properties because of the legal implications when an abatement issue arises. MISCELLANEOUS DISCUSSION Mr. Zabell reported about on a Fire Department staff promotion ceremony held earlier in the day. Mr. Zabell discussed the options Council has with engaging a firm to start the search of the next City Manager. He sought direction from Council on next steps. Council concurred that staff should contact three firms for Council to consider in working with. RECESS Mayor Serrano called a 5-minute recess at 8:47 PM. EXECUTIVE SESSION Council adjourned into Executive Session at 8:52 PM for 25 minutes returning at 9:17 PM to discussion with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager, City Attorney, and Special Legal Counsel DiJulio. Mayor Serrano called the meeting back to order at 9:17 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 9:17 PM. PASSED and APPROVED on _______________________. Page 6 of 7Page 13 of 473 APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 7 of 7Page 14 of 473 MINUTES City Council Special Meeting 4:30 PM - Friday, March 7, 2025 Fire Station No. 81, 310 N Oregon Avenue ATTENDEES A quorum of Pasco Councilmembers and City staff. PASCO FIRE DEPARTMENT PUSH-IN CEREMONY The Pasco Fire Department hosted a community event celebrating the newest fire engine to the Pasco Fire Station No. 81 fleet. This is a 100-year-old tradition of "pushing-in" the new fire engine into the station. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 1 of 1Page 15 of 473 MINUTES City Council Workshop Meeting 7:00 PM - Monday, March 10, 2025 Pasco City Hall, Council Chambers & Microsoft Teams Webinar CALL TO ORDER The meeting was called to order at 7:00 PM by Pete Serrano, Mayor. ROLL CALL Councilmembers present: David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: Blanche Barajas Councilmembers absent: Pete Serrano Staff present: Dave Zabell, Interim City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jesse Rice, Parks & Recreation Director; Ken Roske, Police Chief; Maria Serra, Public Works Director; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS Mayor Pro Tem Milne reported on the third Push-In Event held at Fire Station No. 81. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT Visit Tri-Cities 2024 Annual Report, 2025 Workplan, and Tourism Promotion Area Reserve Fund Request Mr. Zabell introduced Kevin Lewis, President and CEO with Visit Tri-Cities. Mr. Lewis provided a brief report on the Visit Tri-Cities 2024 Annual report and he Page 1 of 4Page 16 of 473 announced the 2025 Workplan. Lastly, he requested that Council consider allocating $549,500 of the Tourism Promotion Area (TPA) reserves for the following new projects/programs: Research & Reporting Services Short Term Rental Research Services AI Tools/Subscriptions Airport Kiosk Remodel Group FAM Destination Visits Increase Support for Signature Sports Events Increase Quick Response Fund SportsEvents Media Group Conference State of Washington Tourism Conference Project Support Services Council and Mr. Lewis discussed the reserve funding requests and the 2025 Workplan. Mayor Serrano called for public comments three (3) times and no one came forward to speak. Resolution - Change Order No. 3 for Wastewater Treatment Plant Phase 2A Construction Contract with Apollo Ms. Serra provided a brief report on proposed Change Order No. 3 for the construction contract for the upgrades to the Wastewater Treatment Plant. Mr. Perales and Ms. Serra discussed the funding for the project. Mayor Serrano called for public comments three (3) times and no one came forward to speak. Resolution - Fourth Amended and Restated Interlocal Agreement with Benton County Emergency Services (BCES) Mr. Zabell provided a brief report related to the proposed Fourth Amended and Restated Interlocal Agreement (ILA) with BCES. Mr. Ferguson noted that the proposed ILA placed in the agenda packet was an earlier draft and there were additional updates in it, related to public records requests; he will identify those updates at the next meeting before Council takes final action on the ILA. Mayor Serrano called for public comments three (3) times and no one came forward to speak. Resolution - Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Pasco Page 2 of 4Page 17 of 473 Police Chief Roske provided a brief report on the proposed Memorandum of Understanding with ATF. Mayor Serrano called for public comments three (3) times and no one came forward to speak. Resolution - Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Pasco for NIBIN Enforcement Support System (NESS) Police Chief Roske provided a brief report on the proposed Memorandum of Understanding with ATF for NIBIN Enforcement Support System. Mayor Serrano called for public comments three (3) times and no one came forward to speak. 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) Police Chief Roske provided a brief report on the proposed Memorandum of Understanding with the Department of Commerce. Mayor Serrano called for public comments three (3) times and no one came forward to speak. 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 Police Chief Roske provided a brief report on the proposed Letter of Agreement with Geiger Institute. Mayor Serrano called for public comments three (3) times and no one came forward to speak. Resolution - Service Agreement between Hanford Mission Integration Solutions (HMIS) and the City of Pasco for use of the Emergency Vehicle Operations Course Police Chief Roske provided a brief report on the proposed Services Agreement for the use of the Emergency Vehicle Operations Course (EVOC). Mayor Serrano called for public comments three (3) times and no one came forward to speak. MISCELLANEOUS COUNCIL DISCUSSION Page 3 of 4Page 18 of 473 Ms. Zabell reported on the City's bond rating and noted that it was recently reviewed by S&P and it was determined that the City has a AA- rating with stable outlook. Mr. Zabell announced that the Parks & Recreation Department has hired a consultant to update the City's boulevard island standards and xeriscaping will be considered during that process. He stated that there will be a District 2 community meeting is scheduled for March 25th and a Business Watch meeting is scheduled for March 18th. Ms. Barajas wished Ms. Sigdel a happy birthday. Mr. Grimm wished his 16 year old daughter a happy birthday. EXECUTIVE SESSION Council adjourned into Executive Session at 7:55 PM for 12 minutes returning at 8:07 PM to consider site selection or acquisition of real estate purchase or lease if likelihood that disclosure would increase price per RCW 42.30.110(1)(b) and to review the performance of a public employee per RCW 42.30.110(1)(g) with the City Manager, and City Attorney. Mr. Zabell left the Executive Session at 8:01 PM. Mayor Serrano called the meeting back to order at 8:12 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 8:12 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 4 of 4Page 19 of 473 AGENDA REPORT FOR: City Council March 13, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 3/17/25 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Bills and Communications - Approving Claims in the Total Amount of $3,743,876.74 I. ATTACHMENT(S): Accounts Payable 02.27.25 to 03.12.25 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $3,743,876.74 ($1,159,010.99 in Check Nos. 270055 - 270324; $1,328,434.55 in Electronic Transfer Nos. 849424 849456; - 849454 849450, 849426,849430,849438 - - 849441, $15,958.95 in Check Nos. 54899 - 54905; $1,239,931.14 in Electronic Transfer Nos. 30222213 - 30222857; $541.11 in Electronic Transfer Nos. 344 - 346). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: There are two categories of accounts receivable write-offs: 1. Direct write-offs are small in value or, in the case of Ambulance Fund, reflect a reduction of fees related to a discount required by DSHS and Medicare. These direct write-offs are not sent to collection. 2. Write-offs referred to collection and have been in arrears for a given number of days and exceed minimum values that move them out of the direct write-off category. Please see the summary page attached to this agenda item for details. V. DISCUSSION: Page 20 of 473 REPORTING PERIOD: March 17, 2025 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 270055 - 270324 54899 - 54905 Total Check Amount $1,159,010.99 $15,958.95 Total Checks 1,174,969.94$ Electronic Transfer Numbers 849424 - 849426 30222213 - 30222857 344 - 346 849430 849438 -849441 849450 849454 - 849456 Total EFT Amount $1,328,434.55 $1,239,931.14 $0.00 $541.11 Total EFTs 2,568,906.80$ Grand Total 3,743,876.74$ Councilmember B 100 798,504.96 110 24,683.73 140 19,364.11 142 3,570.50 145 792.79 150 19,499.16 160 2,884.94 165 4,063.78 168 30,968.54 170 405.02 180 212.51 185 1,612.01 190 18.00 194 1,675.46 195 74.00 367 18,440.93 410 204,219.67 510 13,881.30 520 407,635.47 619 2,096.40 690 2,189,273.46 GRAND TOTAL ALL FUNDS:3,743,876.74$ February 27 to March 12,2025 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such Dave Zabell, Interim City Manager Griselda Garcia, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 17th day of March, 2025 that the merchandise or services hereinafter specified have been received and are approved for payment: C.D. BLOCK GRANT HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE Councilmember A SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET CEMETERY ATHLETIC PROGRAMS ANIMAL CONTROL SENIOR CENTER OPERATING MULTI-MODAL FACILITY ECONOMIC DEVELOPMENT STADIUM/ CONVENTION CENTER GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/ SEWER RIVERSHORE TRAIL & MARINA MAIN REVOLVING ABATEMENT PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING GOVERNMENTAL MEDICAL/ DENTAL/ VISION INSURANCE OLD FIRE OPEB Page 21 of 473 AGENDA REPORT FOR: City Council March 11, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 3/17/25 FROM: Maria Serra, Director Public Works SUBJECT: Resolution No. 4575 - Change Order No. 3 for Wastewater Treatment Plant Phase 2A Construction Contract with Apollo 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: MOTION: City the authorizing 4575, No. approve to move I Resolution Manager to execute Change Order No. 3 with Apollo, Inc. for the Wastewater Treatment Plant Phase 2A Improvements Project. 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. Page 22 of 473 Total construction contract changes, including proposed Change Order No. 3, 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: CO No. 1 was authorized 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 the remove to approximately $26,000 deduction contract a of specified below grade structural waterproofing system that was identified as not being necessary for the project site conditions. CO No. 2 was authorized on November 18, 2024 under the authority delegated to the City Manager. The major items in this CO accounted for additional costs related to fire alarm system modifications required to meet current building code requirements, electrical modifications required for full functionality of the new and structural equipment, dewatering thickening and process modifications identified to prevent corrosion in the new centrate storage tank. CO No. 2 also included a contract deduction of approximately $13,000, which accounts for removing a portion of the 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 items within packaged CO WCD 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) Page 23 of 473 associated with each CPR or WCD item without Washington state sales tax 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. This item was presented to Council at the March 10, 2025, Workshop. Staff recommends approval of CO No. 3 in the amount of $111,567.65 for the Wastewater Treatment Plant - Phase 2A Plant Improvements. Page 24 of 473 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 25 of 473 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 26 of 473 Page 27 of 473 Page 28 of 473 Page 29 of 473 Page 30 of 473 Wag?) Page 31 of 473 Page 32 of 473 Ill EMl?/??PEEPlfW/I?lllll?0/75/17I'll/IVES Page 33 of 473 Page 34 of 473 H.D.FOWLER Page 35 of 473 ‘ ‘, A H ‘(I)!zzs-mmn 12-19231 \j ,,4 ».z;u mm»M 5,90%su ‘ :1??th EF‘FLUENYBox ' mum to (a ('SL ;j; (2:4 m o Pom.M) L Kids;I;Add —X 12L§;Z‘;;“"""C—ENTRATEPSPLAN\‘s—W “1,275.55 j Page 36 of 473 Page 37 of 473 Page 38 of 473 III B?/l?/IVEPf?PlfW/I?H?/l???flf I'll/IVES Page 39 of 473 Page 40 of 473 City *CP ' < 0m W QECAST,INC.° 52:, of Pasco - 018* ITP Improven Serving L.800-888-4573 SPOKANE 2215 E Brooklyn Spokane,WA 9 %(509)32574573 rents Phase 2; I the Paci?c Northw 0 PF Ave 3217 A HUB #293 lest and beyond fO I YAKIMA 2309 S 38th Ave Yakima,WA 98901 (509)24871984 ‘161 r over 100 yea rs 6)www.v vilbertprecastcom WISTON 10 4th Avenue North Niston,ID 83501 )8)74671125 37/18/2024 Page 41 of 473 IIIill/MWMMIWHI/IMMINI/WIS Page 42 of 473 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 43 of 473 H.D.FOWLER Page 44 of 473 Page 45 of 473 Page 46 of 473 Ill EMl?/??PEEPlfW/I?lllll?0/75/17I'll/IVES Page 47 of 473 Page 48 of 473 Page 49 of 473 MECllA 1.LLC mun/name 5 amps Page 50 of 473 Page 51 of 473 Page 52 of 473 IIIill/MWMMIWHI/IMMINI/WIS Page 53 of 473 H.D.FOWLER Page 54 of 473 IIIill/MWPf?PlW?Ml/ll?Mam/MS Page 55 of 473 Page 56 of 473 Illill/MWMMIWHI/ll?MINI/MS Page 57 of 473 Illill/MWPMPZIWNI/ll?WWII/ll!!! Page 58 of 473 Illill/MWMMIWHI/ll?MINI/MS Page 59 of 473 Illill/MWMMIWHI/ll?MINI/MS Page 60 of 473 Page 61 of 473 Page 62 of 473 Page 63 of 473 Page 64 of 473 Ill EMl?/??PEEPlfW/I?lllll?0/75/17I'll/IVES Page 65 of 473 Page 66 of 473 Page 67 of 473 ...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 , DellaTAIL Line I Sla?un Group,BaSIs oVMatenal Acceptance’RAMS Number 7 Description of Work Performed Mg (along 340».m0 (Mi/Apia Temp/”:57"i a Time Worked Record Workers and/or Equipment Occupation of Workers or Hours Wprkgq Reg.0.1,AWorkingEquipmentSizeReg,0:.Ram Rm mm“ ‘[9%.\ 2 (WW I15 3 CLnsAzmak.7 I 7 7 2 MM.»Ma?a”Hog-(914,55) 7 Apollom "z :w mm 7171/50 I ‘1 #ANQDu “We ~4)[Qmim P r- , :FOIL p4?#Dmo/féodMo:‘fmy—DM 15 16 17 ‘ 1B 19 20 Calculated By \Date Checked By IDate Total Ledger Entry Number Entered By |Date Entry veri?ed |Dale Comrac re n live nature Tl?e5UP4k Page 68 of 473 ...Building People Who Build Great Things Daily Report of Force Account Worked Contract Number \Dale iItem Number \Hem Name531‘J Subcontractor]Lower TIE!Subcontractorane?gotb m C Line/Station (Run 77 7'7 Basls a!Material Acceptance iTRAMSNumber 7 imionof Work Performed "/_ ?7 '7 ’7 \ ,.L:4 AlaPM @me Time Worked Record Workers and/or Equipment Occupation 0!Workers or mezd Reg. ' 0.1, A tWorkingEquipmentSizeReg.0.1.Rm Rm '"°“" 1 Joeu 9M 2 (I. Lgxc/L—Wt?; MIML‘M' ?N‘l‘ (LL?s?rrMLL 7 7 , Waum?lnle (Daz‘lmulbuh (9*71443;Fad/:41,' , Z .. 11 @9110m1? 12 13 14 Inspector:5192mm; J .' 1"No4)4]IP élw?ow?y ‘5 Neat 55 17 1E 19 20 Calculated By |Dale Checked By 7 l Dale ‘7 Total Ledger Entry Number Entered By |Dale Entry Verl?ed l Date Title sum.canuaclr Rep rl eSlgnaIure Page 69 of 473 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 70 of 473 Page 71 of 473 Page 72 of 473 Page 73 of 473 Ill iMl?/??PEHPIFW/I?lllll?0/75/17I'll/IVES Page 74 of 473 Page 75 of 473 MECHANICAL LLC pLuMawE s pit-1w: Page 76 of 473 Page 77 of 473 Page 78 of 473 (Emwuce I ‘M . wmuuuc ma a'nfx W _ a: \cw , \Ix ‘estm m7 , x _mum mam:y] makgggngw A.m W m g,.mm ‘1 emwsmn mm,CEMRAYE msmnkainssmaw mm mm":Husz Page 79 of 473 Page 80 of 473 Page 81 of 473 III B?/l?/IVEPf?PlfW/I?H?/l???flf I'll/IVES Page 82 of 473 Page 83 of 473 MECHANICAL LLC pLuMawE s pit-1w: Page 84 of 473 Page 85 of 473 Page 86 of 473 Page 87 of 473 Page 88 of 473 Page 89 of 473 Page 90 of 473 Page 91 of 473 Ill iMl?/??PEHPIFW/I?lllll?0/75/17I'll/IVES Page 92 of 473 Page 93 of 473 L 327 E.Olive,Sp( 309)535-8500,E } ,,iX (OUH)DOD-6031 DESCRIPT SUPERVISI HOUSE KEE ‘ >kane WA 99202 Kt 1016 3% IRECT JOB EX P \ON PING $0.00 $0.00 $0.00 JBTOTAL ’ENSES DATE 1 JUD |-’ PROJECT $0.00 ASBUKT $0.00 BOND $0.00 aSCOVVVVIHIn m:RP #30 WAS Pu LABOR MT F urovement I-‘HFFZ mp lL.EXT.LBR.| 7,206.26 $1,5 MATERIAL T( T( JOB E X P! SUBT( O I T( EXT.EXTENS I‘ $0.00 $ DTAL $7,206 $1,536 ENSE DTAL -|&P DTAL ON LOO Page 94 of 473 Page 95 of 473 E65 M cmuummmmsnwuea Page 96 of 473 Page 97 of 473 mmmm‘oz‘mggmm Page 98 of 473 Page 99 of 473 Page 100 of 473 Ill iMl?/??PEHPIFW/I?lllll?0/75/17I'll/IVES Page 101 of 473 Page 102 of 473 MECHANICAL LLC pLuMawE s pit-1w: Page 103 of 473 Page 104 of 473 Page 105 of 473 Page 106 of 473 pnw Page 107 of 473 Page 108 of 473 Page 109 of 473 Page 110 of 473 Page 111 of 473 Page 112 of 473 Page 113 of 473 Page 114 of 473 Page 115 of 473 III B?/l?/IVE Fi?/715116705040 0/7647 I'll/IVES Page 116 of 473 Page 117 of 473 Page 118 of 473 + Z8Lé——J4 /?aw/15w 2 RAl AhmiIWM M09126!)"Am. MWWK Page 119 of 473 Page 120 of 473 Page 121 of 473 Page 122 of 473 Ill EMl?/??PEEPlfW/I?lllll?0/75/17I'll/IVES Page 123 of 473 Page 124 of 473 COLUMELL . INDUSTRNIAL -COATINGS Page 125 of 473 Page 126 of 473 Page 127 of 473 ’/Rconsor Page 128 of 473 Page 129 of 473 Page 130 of 473 Ill iMl?/??PEHPIFW/I?lllll?0/75/17I'll/IVES Page 131 of 473 Page 132 of 473 Page 133 of 473 Page 134 of 473 Page 135 of 473 Page 136 of 473 III B?/l?/IVE Fi?/715116705040 0/7647 I'll/IVES Page 137 of 473 Page 138 of 473 §\§§§§§§§<~M§§M§§ \h§§§§N§N N§§§n Page 139 of 473 m:.u§:m mam3226an mi 8 936m, L39 j._Oo\a0mm Page 140 of 473 Zm4m0mm>r>24 ’ Page 141 of 473 3.00 5.00 Page 142 of 473 Page 143 of 473 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 oonfrachparamsSQLIpi(13) Page 144 of 473 Page 145 of 473 IIIill/MWPf?PlW?Ml/ll?Mam/MS Page 146 of 473 Page 147 of 473 Page 148 of 473 Page 149 of 473 Page 150 of 473 Page 151 of 473 Page 152 of 473 Page 153 of 473 Page 154 of 473 Page 155 of 473 Page 156 of 473 Page 157 of 473 Page 158 of 473 Page 159 of 473 Page 160 of 473 Ill iMl?/??PEHPIFW/I?lllll?0/75/17I'll/IVES Page 161 of 473 Page 162 of 473 Customel Submittet Contact 'Acct No. :1To: lame: P; A I 428470 |Bidders stimatinq A M EPR ODlACRHC C I ERIC JCTS l‘"3AM” Quote Number Quote Date: Name: OCK 0919339-2 2/24/2023 Impr Page 163 of 473 entire invoiced amOL Customer’s risk,sto rprovidedtoCustom 172%per month ( anrcollectioncostsand assigned to a collect Taxes:Unless other charges levied by re PLEASE SIG IIUponSeller's Cusiomer's si int by the twenty-fifti 3 shipment of produc 2r,and Customer fur 11ua|percentage rate attorney’s fees incur :ion agent.If credit i swisespecificallyind iasonofthisContrac I ORIGINAL,RETAINA approval,this package gnature and return of t l I (25“)date of the ca :ts hereunder and re 1therherebyagreest( of 18%,or the high eredinconnection wi lnotapproved,Selle lcatedonPage2,all t are excluded from COPY FOR YOUR RE Owillconstitutealegal, 1is unmodi?ed docume ilendar month follow itroactivelyrevoke an 3 pay interest on the est rate allowed by a ;:h the collection of ar r may,but is not obli gfederal,state and I 0andareadditionto DRDSANDRETURNO I)inding contract. nt will constitute 3 con t ng the date on Sellei y discounts offered declining balance fr taplicablelaw.Custor 1y delinquent amoun gated to,offer sale 0 :al taxes,assessmel the prices quoted. RIGINALTO SELLER :rac'l for the work descn ' 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 u ibed on Page 2. Iy,at 'any Quote 1)at the rate of ponsible for all ‘,and/or Ities,and Page 164 of 473 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 165 of 473 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 Page 166 of 473 Page 167 of 473 Page 168 of 473 III B?/l?/IVEPf?PlfW/I?H?/l???flf I'll/IVES Page 169 of 473 Page 170 of 473 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 171 of 473 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 172 of 473 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/ Line £31m Group,Basus of Malenal AcEpTaFcé RAMSNumne} Descrlphon «ka Periorrned _ 7 7 ‘m 6 ”ti... Time Worked Record Workers and/orEquipmenl Occupation of Workers or ‘,sanked Reg‘0.1 Working Equ_ipmentS'rze l eg I OT Raw Rate A'"°“"‘ ‘"(5 (Wu?ENL?ZrM)we Rpm 7 _u u,_ ,1, 3kLom‘l?lmbuw (g?uuz (Pam/4.. (”5%Afr/16K 3g,Bum/km ‘Z 1030 514 towaL / "W 12 13 "?t-v5(4,:me Fm HOP 14 15 16 17 15 19 20 Calculamd By \Date 1Chedxed By7 7 [Dale ‘Tonal Ledger Entry Number Entered By 1Date Entry Ve??ed \Dale Inspector'ign re Conlra f r tive Signalure Tulle w»»816461 F Page 173 of 473 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 174 of 473 @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 Subconlractor /Lower Tier Subwntlackor Line I scauon Emup 8354s of Malena]Acceptance JRAMS Number Descn (Ion of Wka PedormedéBMouS g,05 Dwe Time Worked Record Workers and/or Equipment Occupation of Workers or ,H9U!§WQIEQ Reg,0 1 A tWorkingEquipmentSizeReg.10T.Rate Rate '“°“" 1 ken.D:(«5km PM ILgK,,,, W 73r_.§..«\[mm A“ mmwmuunu‘ou QJD 5Z4 lmve u;‘15 16 17 ‘(B 19 20 Catculated By \Dale }Checked By 1Dale FTotal Ledger Entry Number Entered By \Dale Entry Venfled |Data Wig tum/V,Comra rsw‘4%:4W 4 / Page 175 of 473 Q EquipmentWatc Page 176 of 473 Q EquipmentWatc --_s. Page 177 of 473 o.« ¢¢ .. «d.., It\oooooooowooo?o:«<04.03,.900.130:\%eoo§ooouyoouoonkiwsonoooi«0‘o.00¢_ as...»gm... .19?’0i9:1:%so&«av,,.9“9:. 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 178 of 473 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 Page 179 of 473 Page 180 of 473 Ill EMl?/??PEEPlfW/I?lllll?0/75/17I'll/IVES Page 181 of 473 Page 182 of 473 ""7 MBuilding People Who Build Great Things Daily Report of Force Account Worked Contract Number LAW4}}t llem Number Hem Name ane Contractor ?ne I srarion Submnlramar /Lower T1er Subcontractor Basis97 MaterialAcceptance Descripuon of Work Performed Time Worked Record Working Workers and/or Equlpment Occupation orWorkers or Equipment Size Hours wqueg Reg. (41,,#32 L 0*’[r 'mev VAL w:vaw—M417 3 m 01m;95mm #0 Wanna of AM 5 CIA/VbAlb-Mfg , Z ’ 6 WEEK;LQA’,?-€_ 7 Sggpc:was 25 a W 7- 9 ?Ayu‘l L 2-5, 10 JOS‘A an!2.5“ 12 gm:Pg,0 ‘c'?'nbi 13 9A1.Apt—a Requires)£5le D~sull~term 14 ‘ ‘5 UMK ,, l , 16 Sarah?WWW ['67 17 5%;a 7m ,, 7 I! 1:!xro MIM‘L l'f ‘9 lmL Vila/b , 2°7,\[A?b ‘“?g?327,65 l5 Catwlated By 5 \0141Che edBy '7’ 5 Dale 7 7 Total Ledger Entry Number Entered By \Dale Enlry Veri?ed \Dale TiueInspectsSAalure~ /500WComranre Page 183 of 473 AMERICANROCK METT‘U‘I'Inc 's grinted 06/24/24H919Ha Pasm,WA APOLLO INC-EAST AP Megan PO Box 7305 Kennewim WA 99336 ‘ncap@apnl1o—gcDom Delivered TD:1015 SOUTH GREY PASCO Customer No: Invoice Na: lnv Dana: Page: Customer PO: American Ruck Fronds 11919 Ham's Rd Pasco,WA 59301 5095474380 10358 973243 06/14/24 Page 1 0H P198 muemu Dy.MFULLU Unit Haul Man Haul Date Code -MaterialDescription um um pH"aw 1'qu Total Tax Total Plank:05153 ARP -Fasco Concrete JOE “PM [PISS O?lll?d 3226552013-5000PSI 6.5 SKINTERIORJM‘2.50 CY 159m 0 00 397.50 0,00 D00 397.50 OSHA/24487950-SHORTLOADCHANGE 1 an EA 16000 0,00 I641OI)0.00 I]DO 16000 DEM/24 MIENVR-ENVIROMENTALSURCMARGE 250 EA 3.00 ODD 7.50 0 00 000 7 50 DEM/24 9N FSCR»FIJEI.SHRCHARGE LAIDEA I7 00 0,00 17.00 0 DD $.00 I100 Totallnvulou:1.00 502M I'm?0.00 531.00 Ticket number(s)shipped (ram pIanI 05163 -ARP -Pasco Concvate '1733500 We AppreciaIs You and Your BusinessI ngisler for our Customer Portal a!mymatenalspanalmyamatportaLcom,Would you like yaur invar'ces emailed or to make a payment aver {he phone?Please contactAccounrs Receivable at 509.536.3042 cusmmerName: Cuslomer ND: Invoice ,1: Dan: Customer Po: Finance Charges win he applied In any \ale invoices at a rate a!«5%per manlh pel cred“agreement 07 meSlate‘s LawfulAmuum Invoice Amount:582‘00 Amount Pam: APOLLO INCL-EAST “1355 I!you have any queuinns about Your invoice please call 509-547-2380 973243 06/14/24 Remll Payment To:AmnrlcanRock mums no.Box 741341 P198 Los Angeles,CA 90014 07/10/24 Plus-pmm.m,mun Idduss hllnw n m would nu m m».Inc-Munyaw lnvo‘w m cmull Page 184 of 473 Page 185 of 473 HUCDH“ HARRIS REBAR Page 186 of 473 Page 187 of 473 Page 188 of 473 Page 189 of 473 III B?/l?/IVE Fi?/715116705040 0/7647 I'll/IVES Page 190 of 473 Page 191 of 473 “Building People Who Build Great Things Daily Report of Force Account Worked Contract Number Da 5 Hem Numnei iItem Name(LID{6-174 Prim onlia tor70m a Subcontractor] Lower Tier Subconlraclcr Lin /Station Dev?anofWDrkPerformedMonup«2 Mex/vs(76"641 WGroup Basis oi MaienaiAcceptance )9 mayMAM +£1qu RAMS Number Time Worked Record Workers andlor Equipment Occupation oiWoikeis or @ng Reg.0.1.AWorkingEquipmentSizeRea0.1.Rate Raie "mum 1 Expimloq an)27;"[MW/74.5 ‘W119 [mu/law «~—‘1 06/"1‘“IW‘?U"'!"rut-"W: a {micro 1»03m 1ka Spam aspW14 (:1; ‘Vv‘u lazy:{ar?gélwwil Mil/1145573»; , 5 44:414- 7,., L5?b€%mS'P‘JUI‘W’L Z, , 3 f‘OH-oK Z s M1mcram/ML 2 7 7 104D KM lmaeL (mace ’1 , “ft/(wait Z732”MW}EX 1 ‘2 Mai/”Z{”335 Arglwob/S‘P’L VD»;(2 [94161:]NW {’55-opCéinB 15 (sz my;éu?llVI'SU'L 15 H5 01““(«r/Z. 17 W'lmz/Llu (Alma/L 16 “imam (.049ch 19 “EM {5%0 Mm 57k 20 @Afdw/wsrMm£756CaIculae!d By [Date Checke dBV Em?if M Total Ledger Emry Number Entered By \Data Entry Veri?ed [Dat Tulleg—/3-24Msped's 'nalure > r- ( Page 192 of 473 @& “it ...Bulldlng People Wha Build Great Things Daily Report of Force Account Worked Contract Number Date{3—414ItemNumber ”am Name A43DW‘CMAA Prim Contramor4%wum9 Subcontractor /Lower Tier Subcontracilr ngwmw Line I Stalimn Gruup Basis ar Material Accep|anceMILEQ5 [RAMS Number Description oi Work PerformedSEE67m Time Worked Record Workers and/or Equipment Worklng Occupation 0!Workers or HoursWorkTadEquipmentSize’Egjg?gg?gg?g NMGawain-bun may;[,9ch l1 12 13 14 15 16 17 18 19 2|) Caicula‘ed By 1Date Checked By l Dale Ledger Entry Number Entered By ‘Dam Enlry Veri?ed W Contractor's Representative Signature TitleW'signamre ‘i . 1 Page 193 of 473 H.D.FOWLER Page 194 of 473 P L AT E A U C R MQmm714 Pullman.WA99155 509-332-3830 plateau»:rm.cam Page 195 of 473 Page 196 of 473 ?/i lw? Page 197 of 473 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 198 of 473 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 199 of 473 March 17, 2025 Pasco City Council Regular Meeting Pa g e 2 0 0 o f 4 7 3 WWTP Phase 2A –Change Order No. 3 March 17, 2025 Pasco City Council Pa g e 2 0 1 o f 4 7 3 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 Pa g e 2 0 2 o f 4 7 3 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 Pa g e 2 0 3 o f 4 7 3 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. Pa g e 2 0 4 o f 4 7 3 Questions?Pa g e 2 0 5 o f 4 7 3 AGENDA REPORT FOR: City Council March 5, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 3/17/25 FROM: Ken Roske, Police Chief Police Department SUBJECT: Resolution No. 4576 - Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Pasco I. ATTACHMENT(S): Proposed Resolution Memorandum of Understanding II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4576, authorizing the Interim City Manager to executethe Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Pasco for participation in the ATF Violent Crimes Task Force. 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 of Investigation (FBI). These detectives have been granted the 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 Page 206 of 473 pertaining to firearms trafficking, conducting undercover operations where necessary, and employing other investigative techniques to ensure the effective prosecution of cases within both the federal and state judicial 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. This item was discussed at the March 10, 2025, Council Workshop. Staff recommends approval of the Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Pasco for participation in the ATF Violent Crimes Task Force. Page 207 of 473 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 208 of 473 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 209 of 473 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 210 of 473 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 211 of 473 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. Page 212 of 473 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 213 of 473 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 214 of 473 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 215 of 473 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 216 of 473 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 217 of 473 AGENDA REPORT FOR: City Council March 5, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 3/17/25 FROM: Ken Roske, Police Chief Police Department SUBJECT: Resolution No. 4577 - Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Pasco for NIBIN Enforcement Support System (NESS) I. ATTACHMENT(S): Proposed Resolution Memorandum of Understanding II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4577, authorizing the Interim City Manager to execute the Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Pasco for participation in the National Ballistic Information Network (NIBIN) program. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Pasco Police Department's (Pasco PD) Evidence Technician has 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. Page 218 of 473 By leveraging existing information technology, ATF aims to better assist law enforcement agencies in investigating shooters, armed violent offenders, 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 law local of effectiveness the is to expected partnership enhance 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. This item was discussed at the March 10, 2025, Council Workshop. Staff recommends approval of the Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Pasco for participation in the National Ballistic Information Network (NIBIN) program. Page 219 of 473 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 220 of 473 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 221 of 473 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 222 of 473 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 223 of 473 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 224 of 473 I;-II I r . : II.. -I. I II I .-:. I -I .I . -.rI :-' -I._,I . II I. I .-.c II I. ;1—'‘13.? IIII 'I I. * I. III I I‘-I-I .‘II -I.2| II I I1I n .I . I ‘ 'II ‘I I A . .I J_, '. ="I -.:II I I :.4 .i I. '1 '. u ,_'-I IIIL ' ;I.II ..I I ,“W I:I II _.A I II II I . II'”"I :I I . _I I ..III .=-: 'u '"'.I ~'I II .I a II _I ;=—. .|,I III .I I I _ |I'l..I, 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 225 of 473 II II ..I .I I :I II II I =II _I I .I ... II ’.I I 'III II V‘ J ' - _I _I II __.l‘I .-I ._.II II I I :I _, I I .J I .I I I I I I I.I v ..--I IIIII P I 'lI ‘'I --' I l'‘“'| _II I'-.III I-I I I I I II - |I'|I -iI'‘:H --—'''_ I I :II I -_I I—II III..,_.I I-I I =—I 5 I-II II ‘II -rI . I II I I “-III I -I--I'‘.I II I II.I I I II II II III ‘I _II II I 'II .II *IIII II -'.-.''= II ,I.~I "I III.I I I I I.-;II I .-‘.-H I ,I I I..-I'-J I I I _ ..I .I .I I I I 5 I —-.A I II I III _I I II .I I -I I _.II I -“~‘ I -‘I' ' ._I II I .III - = I,I II I —I-I .1 .II "I .I.II :I: '-_I ll —_II ._II —”I I I I I ‘'I II I .I ‘I I ; I I ''I E ' II I I l ,I A ...'v .—‘I A'l i'n 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 226 of 473 —u .n cm .I H' 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 227 of 473 II -.III I-= u H} I .I I I :II,- .II V :II -I I x I I “ "I I I I -I -I I _ .II '.. 1 |lI .“I I SAI J'I .I I II II I II I _- I.I I -L II I 'u .I ' I ;l |I ’ II .,_I Ir II ‘1 z :‘ II II -.I _I I I:I II a I II I . I.I .$ ‘'"'II ,- :J ‘I‘'.4 -.I II 'I I _.I .II 7 I.:..I —. )._..'__IIII 'I I I «I L I _-. I I I II .I II I —.I 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 228 of 473 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 229 of 473 AGENDA REPORT FOR: City Council March 5, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 3/17/25 FROM: Ken Roske, Police Chief Police Department SUBJECT: with Understanding of Memorandum the 4578 No. Resolution - Washington State Department of Commerce and the City of Pasco for participation in the Domestic Violence High Risk Team (DVHRT) I. ATTACHMENT(S): Proposed Resolution Memorandum of Understanding II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4578, authorizing the Interim City Manager to execute the 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). III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Pasco Police Department (Pasco PD) has been invited to join the Franklin County Domestic Violence High Risk Team (DVHRT), a multidisciplinary 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. Page 230 of 473 V. DISCUSSION: 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 a also is (MOU) in of Memorandum this Understanding prerequisite for certain funding opportunities through the Washington State Department of requires Department Commerce Commerce. The of communities to form and maintain an active DVHRT as a condition for eligibility to prevention violence domestic to and grants specific for apply related 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. This item was discussed at the March 10, 2025, Council Workshop. Staff recommends approval of the Memorandum of Understanding with the Washington Pasco of City the Department Commerce of State for and participation in the Domestic Violence High Risk Team (DVHRT). Page 231 of 473 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 232 of 473 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 233 of 473 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 234 of 473 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 235 of 473 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 236 of 473 AGENDA REPORT FOR: City Council March 5, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 3/17/25 FROM: Ken Roske, Police Chief Police Department SUBJECT: Resolution No. 4579 - Letter of Agreement Between the Geiger Institute and the City of Pasco for Implementation of the Danger Assessment for Law Enforcement (DA-LE) Model I. ATTACHMENT(S): Proposed Resolution Letter of Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4579, authorizing the Interim City Manager to execute the Letter of Agreement between the the Geiger Institute and the City of Pasco for implementation of the Danger Assessment for Law Enforcement (DA-LE) model. 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 implementation the in assistance technical and 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 enforcement, law by decisions more informed and safety, pretrial prosecutors, and the courts. V. DISCUSSION: Page 237 of 473 By participating in this agreement, Pasco PD will receive expert-led training and technical assistance at no direct cost to the City. This includes: 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. This item was discussed at the March 10, 2025, Council Workshop. Staff recommends approval of the Letter of Agreement between the the Geiger Institute and the City of Pasco for implementation of the Danger Assessment for Law Enforcement (DA-LE) model. Page 238 of 473 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 239 of 473 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 240 of 473 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 241 of 473 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 242 of 473 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 243 of 473 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 244 of 473 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 245 of 473 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 246 of 473 AGENDA REPORT FOR: City Council March 5, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 3/17/25 FROM: Ken Roske, Police Chief Police Department SUBJECT: Resolution No. 4580 - Service Agreement between Hanford Mission Integration Solutions (HIMS) and the City of Pasco for use of the Emergency Vehicle Operations Course I. ATTACHMENT(S): Proposed Resolution Services Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4580, authorizing the Interim City Manager to execute the the Service Agreement between Hanford Mission Integration Solutions (HIMS) and the City of Pasco for use of the Emergency Vehicle Operations Course. 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 the Mission Integration Solutions, LLC (HMIS), acting as prime 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 Page 247 of 473 administrative provisions. For 2025, the EVOC facility will continue to be available to Pasco PD under this 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 PD Pasco However, itself. will associated with transportation, personnel, or incidental expenses incurred during training. This item was discussed at the March 10, 2025, Council Workshop. Staff Hanford recommends approval of the Service Agreement between Mission Integration Solutions (HIMS) and the City of Pasco for use of the Emergency Vehicle Operations Course. Page 248 of 473 Resolution - Service Agreement for Use of the Emergency Vehicle Operations Course - 1 RESOLUTION 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. Page 249 of 473 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 250 of 473 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 251 of 473 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 252 of 473 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 253 of 473 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. Page 254 of 473 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 255 of 473 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). Page 256 of 473 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. Page 257 of 473 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 258 of 473 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 Page 259 of 473 AGENDA REPORT FOR: City Council March 11, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 3/17/25 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Approve Visit Tri-Cities Tourism Promotion Area Reserve Funding Request and 2025 Work Plan I. ATTACHMENT(S): TPA Reserve Funding Request Packet 2025 Work Plan II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the 2025 Special Project Expenditures for the Tourism Promotion Area (TPA) in the amount of $549,500 to be allocated from the TPA Reserve Balance. MOTION: I move to approve the Visit Tri-Cities 2025 Work Plan as presented. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Mr. Lewis, President and CEO of Visit Tri-Cities, presented the 2024 Annual Report and outlined the 2025 work plan during the March 10, 2025, Council Workshop. He also requested approval to expend funding from the Tourism Promotion Area (TPA) Reserve Account. The TPA was formed in late 2004 to generate and administer the proceeds of a "per room night assessment" on hotels/motels in the Tri-Cities, imposed by the hotels themselves. The interlocal agreement (between Pasco, Kennewick and Richland) creating the TPA requires the annual budget, and any expenditures from the TPA reserve account, to first be approved by the City Councils. Page 260 of 473 V. DISCUSSION: The TPA "assessment" is remitted by the hotels to the State which, in turn, distributes it to the City in which it was collected. The City is obligated to pass the funds to the TPA for use, in accordance with the approved budget. The TPA Commission has voted unanimously to request the transfer of an additional $549,500 for special project expenditures for 2025 from the reserve account for the following: 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 Kevin Lewis, President/CEO of Visit Tri-Cities, provided a presentation regarding the funding request at the March 10, 2025, Council Workshop, as well as the 2025 Work Plan. Mr. Lewis and City staff recommend approval of the reserve funding request and approval of the 2025 Work Plan. Page 261 of 473 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 262 of 473 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 263 of 473 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 264 of 473 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 265 of 473 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 266 of 473 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 Page 267 of 473 AGENDA REPORT FOR: City Council March 12, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 3/17/25 FROM: Craig Raymond, Deputy Director Community & Economic Development SUBJECT: *Q Ordinance No. 4764 - Columbia River Walk Apartments West Rezone from I-1 to R-4 (Z 2024-009) (5 minute staff presentation) I. ATTACHMENT(S): Ordinance Exhibit A - Hearing Examiner Recommendation, Dated January 16, 2025 Exhibit B - Map Staff Report and Information Packet to Hearing Examiner for Hearing on January 8, 2025 Power Point Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION:the amending 4764, No. zoning adopt to move I Ordinance classification of certain real property located at 2326 W A Street, on the south side of W A Street at the intersection of W A Street and S 23rd Avenue, in Pasco, Franklin County, Washington, from I-1 Light Industrial to R-4 High- Density Residential and, further, authorize publication by summary only. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: On January 8, 2025, the Hearing Examiner held a public hearing to consider a request to rezone 2326 W A Street (Parcel No. 119-740-015, Binding Site Plan 2008-03 Lot 2), Pasco, Franklin County, Washington from zoning district from I- 1 Light Industrial to R-4 High-Density Residential. Following the conclusion of the public hearing, the Hearing Examiner recommended approval of the Applicant's request for a rezone on January 16, 2025.. Page 268 of 473 No appeals of this recommendation have been received. V. DISCUSSION: Applicant Jesus Zepeda, requests to rezone Parcel No. 119-740-015, located on High-Density R-4 to Industrial Light I-1 from 99301 WA Pasco, in Residential. The subject property is approximately 1.38 acres in size. Mixed is designation Use The Plan Comprehensive underlying Land Residential/Commercial which allows a combination of mixed-use residential and commercial in the same development. Dwellings are permitted at a density of 5 to 29 dwelling units per acre (du/ac) per the Pasco Municipal Code (PMC) Section 25.215.015. 1.The date the existing zone became effective: It is unknown when the subject property was zoned I-1. The assignment of I-1 zoning to the subject property may have occurred as early as 1965; the zoning district I-1 was established in the Zoning Ordinance of 1965 adopted via Ordinance a Ordinance or Resolution locate to unable was Staff 1203. addressing the subject property’s zoning around the time the subject property was annexed into the City by Ordinance 1050 which was passed by City Council on April 17, 1962. Staff was also unable to locate a zoning map amendment for the subject property after the adoption of Ordinance 1203 through to 1980, or locate the 1965 zoning map. The subject property was classified as I-1 on the City’s 1990 zoning map. 2.The changed conditions, which are alleged to warrant other or additional zoning: In the last several years the over 8 acres immediately adjacent to the subject property and west of S 20th Avenue have been rezoned to R-4 and developed into the River Walk Apartments. The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council, where as the current zoning of I-1 is not consistent Mixed use land of Comprehensive the with Plan Residential/Commercial. Per the Applicant, “Best use of the property to match the existing multifamily buildings adjacent.” 3.Facts to justify the change on the basis of advancing the public health, safety and general welfare: Rezoning the subject property provides the opportunity for residential access and/or proximity the will benefit which development to from the Columbia River and the riverside bike trail and parks maintained by the City of Pasco. Per the Applicant, “It will be a better fit for the surrounding areas which are commercial to the West and Multifamily construction to the East and Page 269 of 473 Residential to the North.” 4.The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning would be consistent with the Comprehensive Plan land use designation of Mixed Residential/Commercial of the subject property, and allow the property to develop into residential property like most of the developed property in its vicinity. Per the Applicant, approval of the rezone request "will increase the value of the surrounding property as it will match the higher density adjacent.” 5.The effect on the property owner or owners if the request is not granted: Per Applicant, “The best use and fit for the parcel would not be realized. The light industrial building and its lay down yard do not fit well with the Commercial and Multifamily lots surrounding it.” 6.The Comprehensive Plan land use designation for the property: The City of Pasco Comprehensive Plan designates the subject property’s land use as Mixed Residential/Commercial which allows a combination of mixed- use development. same the Single-family commercial and residential in dwellings, patio homes, townhouses, apartments and condominiums are permitted at a density of 5 to 29 dwelling units per acre. The Zoning Districts allowed on property with a Mixed Residential/Commercial land use designation is R-1 through R-4; C-1 and O; [Mixed Use]. 7. Such other information as the Hearing Examiner requires: The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. Full descriptions and details can be found in the attached "Exhibit A". Recommendation--Hearing Examiner: As noted in the attached "Exhibit A," the Hearing Examiner has found that the proposed rezone meets the criteria found in PMC Section 25.210.060, and recommended, based on the Recommended Findings of Fact and Conclusions of Law, that the City Council approve the rezone of Parcel No.119-740-015 from I-1 to R-4, without a concomitant agreement. Page 270 of 473 Ordinance Rezone Z2024-009 - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF WEST A STREET AT THE INTERSECTION OF WEST A STREET AND SOUTH 23RD AVENUE, PASCO, WASHINGTON, FROM I-1 LIGHT INDUSTRIAL TO R-4 HIGH-DENSITY RESIDENTIAL. WHEREAS, Jesus Zepeda, the petitioner seeks to rezone Parcel No. 119-740-015, located at 2326 W A Street, Pasco, Washington; and WHEREAS, a complete and adequate petition for change of zoning classification meeting the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City of Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on January 8, 2025; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) any impacts of the rezone application and anticipated development will be mitigated by t he regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant agreement is not required under these circumstances; and (f) the proposal is consistent with and satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A. Page 271 of 473 Ordinance Rezone Z2024-009 - 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from zoning district I-1 Light Industrial, to R-4 High-Density Residential for the real property as shown in the Exhibit B attached hereto and described as follows: Binding Site Plan 2008-03 Lot 2, Recorded under Franklin County Washington’s Auditor’s Number 1721054. Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 272 of 473 CI T Y OF PA S C O LA N D US E HE A R I N G EX A M I N E R IN TH E MA T T E R OF ) RE C O M M E N D E D FI N D I N G S OF ) FA C T , RE C O M M E N D E D CO N C L U S I O N S OF LA W , AN D Z 20 2 4 - 0 0 9 ) RE C O M I V I E N D E D DE C I S I O N Co l u m b i a Ri v e r Wa l k Ap a r t m e n t s We s t ) TH I S MA T T E R ha v i n g co m e on fo r he a r i n g in fr o n t of th e Ci t y of Pa s c o He a r i n g Ex a m i n e r on De c e m b e r 11 , 20 2 4 , th e He a r i n g Ex a m i n e r ha v i n g ta k e n ev i d e n c e he r e b y su b m i t s th e fo l l o w i n g Re c o m m e n d e d Fi n d i n g s of Fa c t , Re c o m m e n d e d Co n c l u s i o n s of La w , an d Re c o m m e n d e d De c i s i o n as fo l l o w s : I. RE C O M M E N D E D FI N D I N G S OF FA C T 1. Th e ap p l i c a n t is Je s u s Ze p e d a . 23 2 6 W A St . , Pa s c o , WA 99 3 0 1 . 2. Th e ap p l i c a n t is re q u e s t i n g to re z o n e Pa r c e l 11 9 — 7 4 0 - 0 1 5 , Bi n d i n g Si t e Pl a n 20 0 8 - 0 3 Lo t 2, fr o m zo n i n g di s t r i c t I— 1 Li g h t In d u s t r i a l to R— 4 Hi g h — D e n s i t y Re s i d e n t i a l 3. SU B J E C T PR O P E R T Y DE S C R I P T I O N : 3. 1 . Le g a l De s c r i p t i o n : Bi n d i n g Si t e Pl a n 20 0 8 — 0 3 Lo t 2 3. 2 . Ta x Pa r c e l Nu m b e r : 11 9 — 7 4 0 - 0 1 5 3. 3 . Ad d r e s s : 23 2 6 W A St r e e t , Pa s c o , WA 99 3 0 1 3. 4 . Ge n e r a l Lo c a t i o n : Lo c a t e d on th e so u t h si d e of W A St r e e t at th e in t e r s e c t i o n of W A St r e e t an d S 23 r d Av e n u e . 3. 5 . Pr o p e r t y Si z e : 1. 3 8 ac r e s 4. AC C E S S : Th e pa r c e l fr o n t s on an d ha s pu b l i c ro a d ac c e s s on W A St r e e t . 5. UT I L I T I E S : Th e si t e is cu r r e n t l y se r v e d by mu n i c i p a l wa t e r an d se w e r fr o m li n e s lo c a t e d in th e Ri g h t - of - W a y of WA St r e e t . 6. LA N D US E , ZO N I N G : Th e su b j e c t pr o p e r t y is zo n e d I— 1 Li g h t In d u s t r i a l (I - 1 ) an d is cu r r e n t l y us e d fo r in d u s t r i a l st o r a g e an d as a la y - d o w n ya r d . Su r r o u n d i n g pr o p e r t i e s ar e zo n e d an d de v e l o p e d as fo l l o w s : 6. 1 . NO R T H : R- 1 — A 2 Lo w - D e n s i t y Re s i d e n t i a l Al t e r n a t i v e Di s t r i c t ; Si n g l e Fa m i l y Dw e l l i n g s on ap p r o x i m a t e l y 1/ 6 ac r e lo t s 61 1 0 3 Ge n e r a l Bu s i n e s s Di s t r i c t ; Pa r k i n g Lo t fo r Ne i g h b o r i n g Bu s i n e s s 6. 2 . EA S T : R— 4 Hi g h - D e n s i t y Re s i d e n t i a l Di s t r i c t ; 3~ s t o r y mu l t i f a m i l y ap a r t m e n t co m p l e x 6. 4 . WE S T : C- l Re t a i l Bu s i n e s s Di s t r i c t ; Un d e v e l o p e d an d oc c u p i e d by sh r u b - s t e p p e ve g e t a t i o n , oc c a s i o n a l l y be e h i v e bo x e s ar e pl a c e d on — s i t e 6. 5 . Al o n g th e en t i r e wi d t h of th e su b j e c t pr o p e r t y , be g i n n i n g at th e so u t h e r n pr o p e r t y li n e ex t e n d i n g ap p r o x i m a t e l y 15 fe e t no r t h e a s t , is la n d co n s i d e r e d wi t h i n th e Sh o r e l i n e Ju r i s d i c t i o n . Z 20 2 4 - 0 0 9 Co l u m b i a Ri v e r Wa l k Ap a r t m e n t s We s t Pa g e 1 of 6 Page 273 of 473 7. CO M P R E H E N S I V E PL A N : Th e Ci t y of Pa s c o Co m p r e h e n s i v e Pl a n La n d Us e de s i g n a t i o n fo r th e su b j e c t pr o p e r t y is Mi x e d Re s i d e n t i a l / C o m m e r c i a l . Th e Mi x e d Re s i d e n t i a l / C o m m e r c i a l La n d Us e de s i g n a t i o n al l o w s fo r a co m b i n a t i o n of mi x e d - u s e re s i d e n t i a l an d co m m e r c i a l in th e sa m e de v e l o p m e n t . Si n g l e - f a m i l y dw e l l i n g s , pa t i o ho m e s , to w n h o u s e s , ap a r t m e n t s an d co n d o m i n i u m s ar e al l o w e d at a de n s i t y of 5 to 29 dw e l l i n g un i t s pe r ac r e (d u / a c ) . Ne i g h b o r h o o d sh o p p i n g an d sp e c i a l t y ce n t e r s , bu s i n e s s pa r k s , se r v i c e an d of f i c e us e s ar e al s o al l o w e d . La n d wi t h th i s de s i g n a t i o n ma y be as s i g n e d zo n i n g di s t r i c t s R— l th r o u g h R— 4 , C— 1 , 0, an d [M i x e d Us e ] . Pe r Pa s c o Mu n i c i p a l Co d e (P M C 25 . 2 1 5 . 0 1 5 ) th e ma x i m u m gr o s s de n s i t y of an y pr o p o s e d de v e l o p m e n t wi t h i n an y zo n i n g di s t r i c t , ex p r e s s e d as dw e l l i n g un i t s pe r ac r e , sh a l l be no le s s th a n th e co r r e s p o n d i n g mi n i m u m de n s i t y ex p r e s s e d in th e Co m p r e h e n s i v e Pl a n la n d us e de n s i t y ta b l e , an d no gr e a t e r th a n th e co r r e s p o n d i n g ma x i m u m de n s i t y ex p r e s s e d in th e Co m p r e h e n s i v e Pl a n la n d us e de n s i t y ta b l e , ex c e p t as pr o v i d e d in Ch a p t e r 25 . 1 6 1 PM C . 8. EN V I R O N N I E N T A L DE T E R M I N A T I O N : Th e Ci t y of Pa s c o is th e le a d ag e n c y fo r th i s pr o j e c t . Ba s e d on th e St a t e En v i r o n m e n t a l Po l i c y Ac t (S E P A ) ch e c k l i s t , SE P A 2 0 2 4 — 0 5 8, Co m p r e h e n s i v e Pl a n , ap p l i c a b l e re g u l a t i o n s , an d ot h e r in f o r m a t i o n , a th r e s h o l d de t e r m i n a t i o n re s u l t i n g in a De t e r m i n a t i o n of No n - S i g n i ? c a n c e (D N S ) fo r th i s pr o j e c t wa s is s u e d on De c e m b e r 24 , 20 2 4 , un d e r WA C 19 7 - 1 1 — 1 5 8 . 9. SI T E HI S T O R Y : Th e su b j e c t pr o p e r t y wa s an n e x e d in t o th e Ci t y by Or d i n a n c e 10 5 0 pa s s e d by Ci t y Co u n c i l on Ap r i l 17 , 19 6 2 . Th e su b j e c t pr o p e i t y wa s pa r t of Go v e r n m e n t Lo t 2 in Se c t i o n 36 , To w n s h i p 9 No r t h , Ra n g e 29 Ea s t WM . In 19 9 6 , a Co m p r e h e n s i v e Pl a n Am e n d m e n t pa s s e d wh i c h re s u l t e d in a La n d Us e de s i g n a t i o n ch a n g e to Mi x e d Re s i d e n t i a l . In 20 2 1 , Co m p r e h e n s i v e Pl a n up d a t e ap p r o v e d vi a Or d i n a n c e 45 3 7 ch a n g e d th e La n d Us e De s i g n a t i o n to Mi x e d Re s i d e n t i a l / C o m m e r c i a l . Th e mo s t re c e n t di v i s i o n of th e su b j e c t pr o p e r t y oc c u r r e d in 20 0 8 vi a Bi n d i n g Si t e Pl a n 20 0 8 - 0 3 . Th e si t e wa s un d e v e l o p e d un t i l 20 0 8 wh e n bu i l d i n g pe r m i t B0 8 - 1 1 1 7 wa s is s u e d . Th e pr o p e r t y is cu r r e n t l y us e d fo r in d u s t r i a l st o r a g e an d as a la y - d o w n ya r d . 10 . Re q u i r e m e n t s fo r Zo n i n g Pe t i t i o n 10 . 1 . Th e pe t i t i o n fo r a ch a n g e of cl a s s i ? c a t i o n mu s t in c l u d e th e fo l l o w i n g in f o r m a t i o n pe r PM C . 25 . 2 1 0 . 0 3 0 : 10 . 1 . 1 . Th e da t e th e ex i s t i n g zo n e be c a m e ef f e c t i v e : 10 . 1 . 1 . 1 . It is un k n o w n wh e n th e su b j e c t pr o p e r t y wa s zo n e d 1- 1 . Th e as s i g n m e n t of L1 zo n i n g to th e su b j e c t pr o p e r t y ma y ha v e oc c u r r e d as ea r l y as 19 6 5 ; th e zo n i n g di s t r i c t I— l wa s es t a b l i s h e d in th e Zo n i n g Or d i n a n c e of 19 6 5 ad o p t e d vi a Or d i n a n c e 12 0 3 . St a f f wa s un a b l e to lo c a t e a Re s o l u t i o n or Or d i n a n c e ad d r e s s i n g th e su b j e c t pr o p e r t y ’ s zo n i n g ar o u n d th e ti m e th e su b j e c t pr o p e r t y an n e x e d in t o th e Ci t y by Or d i n a n c e 10 5 0 pa s s e d by Ci t y Co u n c i l on Ap r i l 17 , 19 6 2 . St a f f wa s al s o un a b l e to lo c a t e a zo n i n g ma p am e n d m e n t fo r th i s pr o p e r t y af t e r th e ad o p t i o n of Or d i n a n c e 12 0 3 th r o u g h to 19 8 0 , or lo c a t e th e 19 6 5 zo n i n g ma p . Th e su b j e c t pr o p e r t y wa s cl a s s i ? e d as H on th e Ci t y ’ s 19 9 0 zo n i n g ma p . 10 . 1 . 2 . Th e ch a n g e d co n d i t i o n s , wh i c h ar e al l e g e d to wa r r a n t ot h e r or ad d i t i o n a l zo n i n g : 10 . 1 . 3 . Fa c t s to ju s t i f y th e ch a n g e on th e ba s i s of ad v a n c i n g th e pu b l i c he a l t h , sa f e t y an d ge n e r a l we l f a r e : Z 20 2 4 - 0 0 9 Co l u m b i a Ri v e r Wa l k Ap a r t m e n t s We s t Pa g e 2 of 6 Page 274 of 473 10 . 1 . 3 . 1 . Pe r th e Ap p l i c a n t , “I t wi l l be a be t t e r ?t fo r th e su r r o u n d i n g ar e a s wh i c h ar e co m m e r c i a l to th e We s t an d Mu l t i f a m i l y co n s t r u c t i o n to th e Ea s t an d Re s i d e n t i a l to th e No r t h . ” 10 . 1 . 4 . Th e ef f e c t it wi l l ha v e on th e va l u e an d ch a r a c t e r of th e ad j a c e n t pr o p e r t y an d th e Co m p r e h e n s i v e Pl a n : 10 . 1 . 4 . 1 . Pe r th e Ap p l i c a n t , “I t wi l l in c r e a s e th e va l u e of th e su r r o u n d i n g pr o p e r t y as it wi l l ma t c h th e hi g h e r de n s i t y ad j a c e n t . ” 10 . 1 . 5 . Th e ef f e c t on th e pr o p e r t y ow n e r or ow n e r s if th e re q u e s t is no t gr a n t e d : 10 . 1 . 5 . 1 . Pe r Ap p l i c a n t , “T h e be s t us e an d ?t fo r th e pa r c e l wo u l d no t be re a l i z e d . Th e li g h t in d u s t r i a l bu i l d i n g an d it s la y do w n ya r d do no t ?t we l l wi t h th e Co m m e r c i a l an d Mu l t i f a m i l y lo t s su r r o u n d i n g it . ” 10 . 1 . 6 . Th e Co m p r e h e n s i v e Pl a n la n d us e de s i g n a t i o n fo r th e pr o p e r t y : 10 . 1 . 6 . 1 . Th e Ci t y of Pa s c o Co m p r e h e n s i v e Pl a n de s i g n a t e s th e su b j e c t pr o p e r t y ’ s La n d Us e as Mi x e d Re s i d e n t i a l / C o m m e r c i a l . 10 . 1 . 7 . Su c h ot h e r in f o r m a t i o n as th e He a r i n g Ex a m i n e r re q u i r e s . 11 . AN A L Y S I S : Je s u s Ze p e d a , ow n e r of Ze p g o n In v e s t m e n t s LL C , su b m i t t e d a SE P A ch e c k l i s t , SE P A 2 0 2 4 — 0 5 8, an d Re z o n e Ap p l i c a t i o n , Z2 0 2 4 — 0 0 9 , to re z o n e ap p r o x i m a t e l y 1. 3 8 ac r e s of la n d fr o m zo n i n g di s t r i c t I— 1 Li g h t In d u s t r i a l to R4 Hi g h - D e n s i t y Re s i d e n t i a l as th e pr o p e r t y is ne x t to R- 4 an d ac r o s s th e st r e e t fr o m R- l - A 2 zo n e d an d de v e l o p e d pr o p e r t y . 12 . HE A R I N G EX A M I N E R RE C O M M E N D E D FI N D I N G S OF FA C T 12 . 1 . Th e Ap p l i c a t i o n fo r Re z o n e , Z2 0 2 4 - 0 0 9 , an d SE P A En v i r o n m e n t a l Ch e c k l i s t , SE P A 2 0 2 4 - 05 5 , we r e su b m i t t e d fo r re v i e w on No v e m b e r 1, 20 2 4 , an d a De t e r m i n a t i o n of Co m p l e t e Ap p l i c a t i o n is s u e d on No v e m b e r 7, 20 2 4 . 12 . 2 . Ap p l i c a n t pr o p o s e s to re z o n e th e pr o p e r t y ad d r e s s e d as 23 2 6 W A St r e e t , Pa s c o , Pa r c e l 11 9 — 7 4 0 — 0 1 5 (s u b j e c t pr o p e r t y ) , fr o m H Li g h t In d u s t r i a l to R— 4 Hi g h — D e n s i t y Re s i d e n t i a l to co n s t r u c t ap a r t m e n t s . 12 . 3 . Th e su b j e c t pr o p e r t y fr o n t s on an d ha s ro a d ac c e s s to W A St r e e t , a pu b l i c ro a d cl a s s i ? e d as an Ar t e r i a l . 12 . 4 . Th e su b j e c t pr o p e r t y is ap p r o x i m a t e l y 1. 3 8 ac r e s in ar e a . 12 . 5 . Th e su b j e c t pr o p e r t y wa s de v e l o p e d in 20 0 8 an d is oc c u p i e d by Ge n e r a t i o n Pl a s t e r i n g LL C , ow n e d by th e Ap p l i c a n t . 12 . 6 . Th e Ci t y ’ s 20 1 8 - 2 0 3 8 Co m p r e h e n s i v e Pl a n La n d Us e Ma p de s i g n a t e s th e su b j e c t pr o p e r t i e s as Mi x e d Re s i d e n t i a l / C o m m e r c i a l . 12 . 7 . La n d wi t h a Co m p r e h e n s i v e Pl a n La n d Us e Ma p de s i g n a t i o n (L a n d Us e ) of Mi x e d Re s i d e n t i a l / C o m m e r c i a l ma y be as s i g n e d zo n i n g di s t r i c t s R- l th r o u g h R- 4 , C- 1 , 0, an d [M i x e d 12 . 8 . Mi x e d Re s i d e n t i a l / C o m m e r c i a l la n d al l o w s si n g l e — f a m i l y dw e l l i n g s , pa t i o ho m e s , to w n h o u s e s , ap a r t m e n t s an d co n d o m i n i u m s at a de n s i t y of 5 to 29 du / a c . 12 . 9 . Pe r th e Co m p r e h e n s i v e Pl a n , pr o p e r t y wi t h a La n d Us e of Mi x e d Re s i d e n t i a l / C o m m e r c i a l ca n n o t be re z o n e d to I— l , bu t ca n be re z o n e d to R— 4 Hi g h - D e n s i t y Re s i d e n t i a l . Z 20 2 4 - 0 0 9 Co l u m b i a Ri v e r Wa l k Ap a r t m e n t s We s t Pa g e 3 of 6 Page 275 of 473 12 . 1 0 . In 20 1 8 , th e lo t im m e d i a t e l y ad j a c e n t to th e ea s t of th e su b j e c t pr o p e r t y an d un d e r th e sa m e ow n e r s h i p as th e su b j e c t pr o p e r t y wa s re z o n e d fr o m H to R— 3 Me d i u m De n s i t y Re s i d e n t i a l . 12 . 1 1 . In 20 2 1 , th e la n d be t w e e n th e su b j e c t pr o p e r t y an d S 20 t h Av e n u e , wh i c h wa s un d e r th e sa m e ow n e r s h i p of th e su b j e c t pr o p e r t y , cu r r e n t l y to t a l i n g 8. 4 ac r e s , wa s re z o n e d fr o m R— 3 an d I- 1 to R- 4 . Th e s e pr o p e r t i e s ha v e si n c e be e n de v e l o p e d in t o mu l t i f a m i l y ap a r t m e n t s . 12 . 1 2 . A No t i c e of Ap p l i c a t i o n wi t h Op t i o n a l SE P A De t e r m i n a t i o n of No n - S i g n i ? c a n c e wa s is s u e d on No v e m b e r 20 , 20 2 4 . Th e NO A / O D N S wa s pu b l i s h e d in th e Tr i - C i t y He r a l d ne w s p a p e r , po s t e d on th e Ci t y of Pa s c o Pu b l i c No t i c e we b p a g e , th e SE P A Re g i s t e r we b s i t e , an d on th e su b j e c t pr o p e r t y . 12 . 1 3 . Co m m e n t s we r e re c e i v e d fr o m Ba s i n Di s p o s a l , Ec o l o g y an d WD F W. 12 . 1 4 . No co m m e n t s we r e re c e i v e d fr o m pr o p e r t y ow n e r s or Pa s c o re s i d e n t s in re s p o n s e to th e No t i c e of Ap p l i c a t i o n or No t i c e of Pu b l i c He a r i n g . 12 . 1 5 . A SE P A De t e r m i n a t i o n of No n - S i g n i ? c a n c e wa s is s u e d fo r SE P A 2 0 2 4 — 0 5 8 on De c e m b e r 24 , 20 2 4 an d po s t e d on th e SE P A Re g i s t e r we b s i t e , an d di s t r i b u t e d to Pa r t i e s of Re c o r d . 12 . 1 6 . Pu b l i c no t i c e of th i s he a r i n g wa s se n t to pr o p e r t y ow n e r s wi t h i n 30 0 fe e t of th e pr o p e r t y , to pa r t i e s of re c o r d , an d pu b l i s h e d in th e Tr i - C i t y He r a l d ne w s p a p e r . 12 . 1 7 . Pe r PM C 2. 5 0 . 0 8 0 ( 1 ) , th e He a r i n g Ex a m i n e r ma y co n d u c t he a r i n g s an d pr e p a r e re c o m m e n d a t i o n s fo r Ci t y Co u n c i l co n s i d e r a t i o n of re z o n e ap p l i c a t i o n s . 13 . Be f o r e re c o m m e n d i n g ap p r o v a l or de n i a l of a re z o n e , th e He a r i n g Ex a m i n e r mu s t de v e l o p ?n d i n g s of fa c t fr o m wh i c h to dr a w th e i r co n c l u s i o n s ba s e d up o n th e cr i t e r i a li s t e d in PM C 25 . 2 1 0 . 0 6 0 ( l ) . Th e cr i t e r i a ar e as fo l l o w s : 13 . 1 . Th e pr o p o s a l is in ac c o r d a n c e wi t h th e go a l s an d po l i c i e s of th e Co m p r e h e n s i v e Pl a n . 13 . 1 . 1 . Th e Mi x e d Re s i d e n t i a l / C o m m e r c i a l La n d Us e al l o w s fo r R— 4 zo n i n g an d ma y be de v e l o p e d wi t h ap a r t m e n t s . I- I zo n i n g is no t co n s i s t e n t wi t h th e co m p r e h e n s i v e pl a n . 13 . 1 . 2 . A ch a n g e in zo n i n g wo u l d be co n s i s t e n t wi t h th e co m p r e h e n s i v e pl a n La n d Us e Ma p de s i g n a t i o n fo r th e si t e an d co u l d fu r t h e r th e go a l s an d po l i c i e s of th e Co m p r e h e n s i v e Pl a n su c h as : 13 . 1 . 3 . La n d Us e Po l i c y LU - 4 - A : En c o u r a g e in ? l l an d hi g h e r de n s i t y us e s wi t h i n pr o x i m i t y to ma j o r tr a v e l co r r i d o r s an d pu b l i c tr a n s p o r t a t i o n se r v i c e ar e a s . 13 . 1 . 4 . La n d Us e Po l i c y LU - 4 — F : Su p p o r t mi x e d us e , sm a r t gr o w t h , in ? l l , an d co m p a c t de v e l o p m e n t s wi t h tr a n s i t an d pe d e s t r i a n am e n i t i e s th a t pr o m o t e a he a l t h y co m m u n i t y . 13 . 1 . 5 . Ho u s i n g Go a l H— l : En c o u r a g e ho u s i n g fo r al l ec o n o m i c se g m e n t s of th e ci t y ’ s po p u l a t i o n co n s i s t e n t wi t h th e lo c a l an d re g i o n a l ma r k e t . 13 . 1 . 6 . Ho u s i n g Po l i c y H— l - A : Al l o w fo r a ra n g e of ho u s i n g in c l u d i n g si n g l e fa m i l y ho m e s , to w n h o u s e s , co n d o m i n i u m s , ap a r t m e n t s , an d ma n u f a c t u r e d ho u s i n g , ac c e s s o r y dw e l l i n g 13 . 2 . Th e ef f e c t of th e pr o p o s a l on th e im m e d i a t e Vi c i n i t y wi l l no t be ma t e r i a l l y de t r i m e n t a l . 13 . 2 . 1 . Th i s ap p l i c a t i o n fo r re z o n e wi l l no t be ma t e r i a l l y de t r i m e n t a l to th e im m e d i a t e vi c i n i t y as ma n y pr o p e r t i e s in th e im m e d i a t e vi c i n i t y ar e re s i d e n t i a l . If th e re z o n e to R— 4 is ap p r o v e d th e si t e wo u l d be re d e v e l o p e d as Co l u m b i a Ri v e r Wa l k Ap a r t m e n t s We s t , an ex t e n s i o n of th e Z 20 2 4 — 0 0 9 Co l u m b i a Ri v e r Wa l k Ap a r t m e n t s We s t Pa g e 4 of 6 Page 276 of 473 ex i s t i n g ap a r t m e n t s on th e ov e r 8 ac r e s im m e d i a t e l y ad j a c e n t to th e su b j e c t pr o p e r t y an d we s t of S 20 t h Av e n u e . Se e Fi n d i n g of Fa c t 9. 13 .3 . Th e r e is me r i t an d va l u e in th e pr o p o s a l fo r th e co m m u n i t y as a wh o l e . 13 . 3 . 1 . Re z o n i n g th e su b j e c t pr o p e r t y pr o v i d e s th e op p o r t u n i t y fo r re s i d e n t i a l de v e l o p m e n t wh i c h wi l l be n e ? t fr o m th e pr o x i m i t y an d / o r ac c e s s to th e Co l u m b i a Ri v e r an d th e ri v e r s i d e bi k e tr a i l an d pa r k s ma i n t a i n e d by th e Ci t y of Pa s c o . 13 .3 .2 . Th e pr o p o s e d zo n i n g de s i g n a t i o n is co n s i s t e n t wi t h th e Co m p r e h e n s i v e Pl a n La n d Us e Ma p an d th e Go a l s an d Po l i c i e s as ad o p t e d by th e Pa s c o Ci t y Co u n c i l . 13 . 4 . Co n d i t i o n s sh o u l d be im p o s e d in or d e r to mi t i g a t e an y si g n i ? c a n t ad v e r s e im p a c t s fr o m th e pr o p o s a l . 13 . 4 . 1 . Th e re z o n e ap p l i c a t i o n an d fu t u r e si t e de v e l o p m e n t ar e su b j e c t to th e re g u l a t i o n s an d re q u i r e m e n t s of th e Pa s c o Mu n i c i p a l Co d e an d th e Ci t y of Pa s c o De s i g n an d Co n s t r u c t i o n St a n d a r d s . As su c h , no co n d i t i o n s sh o u l d be im p o s e d ; an y fu t u r e de v e l o p m e n t wi l l be ev a l u a t e d fo r si g n i ? c a n t ad v e r s e im p a c t s at th e ti m e of a de v e l o p m e n t ap p l i c a t i o n . 13 . 5 . A Co n c o m i t a n t Ag r e e m e n t sh o u l d be en t e r e d in t o be t w e e n th e Ci t y an d th e pe t i t i o n e r , an d if so , th e te r m s an d co n d i t i o n s of su c h an ag r e e m e n t . 13 . 5 . 1 . No Co n c o m i t a n t Ag r e e m e n t is co n s i d e r e d ne c e s s a r y fo r th i s ap p l i c a t i o n 14 . An op e n re c o r d pu b l i c he a r i n g wa s he l d , af t e r le g a l no t i c e , on Ja n u a r y 8, 20 2 5 . 15 . Ap p e a r i n g an d te s t i f y i n g on be h a l f of th e Ap p l i c a n t wa s Ri g o Ra n g e l . Mr . Ra n g e l te s t i ? e d th a t he wa s an ag e n t au t h o r i z e d to ap p e a r an d sp e a k on be h a l f of th e pr o p e r t y ow n e r an d Ap p l i c a n t . Mr . Ra n g e l in d i c a t e d th a t th e y ag r e e d wi t h th e re p r e s e n t a t i o n s se t fo r t h wi t h i n th e st a f f re p o r t . 16 . Te s t i f y i n g fr o m th e pu b l i c wa s El a i n e Ro d r i g u e z . Ms . Ro d r i g u e z th a t sh e is th e ne i g h b o r , an d th e y ha v e co m m e r c i a l pr o p e r t y an d co m m e r c i a l us e on th e i r pr o p e r t y . Sh e st a t e d th a t th e i r us e ha s fu m e s ?‘ o m th e i r in d u s t r i a l an d co m m e r c i a l us e s an d wa n t e d to ma k e su r e th a t th e ow n e r s we r e ma d e aw a r e of th i s in th e ev e n t of ?l t u r e de v e l o p m e n t . 17 . Th e fo l l o w i n g ex h i b i t s we r e ad m i t t e d in t o th e re c o r d : 17 . 1 . Ex . 1 Ap p l i c a t i o n ; 17 . 2 . Ex . 2 Go o g l e Ea r t h St r e e t v i e w Ph o t o s (9 / 2 0 2 3 ) ; 17 . 3 . Ex . 3 Ma p s (O v e r v i e w , Vi c i n i t y , Zo n i n g Di s t r i c t , Co m p r e h e n s i v e Pl a n La n d Us e De s i g n a t i o n ) ; 17 . 4 . Ex . 4. De t e r m i n a t i o n of Co m p l e t e n e s s ; 17 . 5 . Ex . 5. No t i c e of Ap p l i c a t i o n w/ Op t i o n a l SE P A De t e r m i n a t i o n of No n — s i g n i ? c a n c e Po s t e d On - s i t e 17 . 6 . Ex . 6. NO A _ O D N S Af ? d a v i t of Pu b l i c a t i o n 17 . 8 . Ex . 8. SE P A Fi n a l De t e r m i n a t i o n of No n - s i g n i ? c a n c e 17 . 9 . Ex . 9. No t i c e of Pu b l i c He a r i n g A? i d a v i t of Ma i l i n g 17 . 1 0 . Ex . 10 . No t i c e of Pu b l i c He a r i n g Af ? d a v i t of Pu b l i c a t i o n 17 . 1 1 . Ex . 11 . St a f f R e p o r t Z 20 2 4 - 0 0 9 Co l u m b i a Ri v e r Wa l k Ap a r t m e n t s We s t Pa g e 5 of 6 Page 277 of 473 17 . 1 2 . Ex . 12 . Re m a i n d e r of st a f f ?l e . 18 . Th e Ci t y of Pa s c o He a r i n g Ex a m i n e r co n s i d e r e d al l ev i d e n c e wi t h i n th e re c o r d in re n d e r i n g th i s de c i s i o n . 19 . An y Co n c l u s i o n of La w th a t is mo r e co r r e c t l y a Fi n d i n g of Fa c t is he r e b y in c o r p o r a t e d as su c h by th i s re f e r e n c e . H. RE C O l V I M E N D E D CO N C L U S I O N S OF LA W 1. Th e He a r i n g Ex a m i n e r ha s be e n gr a n t e d th e au t h o r i t y to re n d e r th i s de c i s i o n 2. As co n d i t i o n e d , th i s pr o j e c t is co n s i s t e n t wi t h th e Pa s c o Co m p r e h e n s i v e Pl a n an d Pa s c o Mu n i c i p a l Co d e . 3. An y Fi n d i n g of Fa c t th a t is mo r e co r r e c t l y a Co n c l u s i o n of La w is he r e b y in c o r p o r a t e d as su c h by th i s re f e r e n c e . II I . RE C O M I V I E N D E D DE C I S I O N Ba s e d on th e ab o v e Re c o m m e n d e d Fi n d i n g s of Fa c t an d Re c o m m e n d e d Co n c l u s i o n s of La w , Z 20 2 4 — 0 0 9 is re c o m m e n d e d to be AP P R O V E D . 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Z 20 2 4 - 0 0 9 Co l u m b i a Ri v e r Wa l k Ap a r t m e n t s We s t Pa g e 6 of 6 Page 278 of 473 Item:Rezone 1-1 to R—4-Columbia River Walk Apartments West NExhibitBApplicant:Jesus Zepeda AFile#:22024-009/SEPA2024-058 S 25Th AveS23RdAveS22NdAve T //J 1‘ COLUMBIA RIVER Pa g e 2 7 9 o f 4 7 3 REPORT TO HEARING EXAMINER OPEN RECORD PUBLIC HEARING City Hall – 525 North Third Avenue – Council Chambers January 8, 2025, 6:00 PM 1 FILE #/Name: Z2024-009/Columbia River Walk Apartments West I-1 to R-4 APPLICANT: Jesus Zepeda 2326 W A St Pasco, WA 99301 REQUEST: REZONE Parcel 119-740-015, Binding Site Plan 2008-03 Lot 2, from zoning district I-1 Light Industrial to R-4 High-Density Residential. TIMELINE November 1, 2024 Rezone Application Z2024-009, and SEPA Environmental Checklist SEPA2024-058 Submitted November 7, 2024 Application Determination of Completeness Issued November 18, 2024 Notice of Application with Optional SEPA Determination of Non- Significance (NOA/ODNS) dated November 20, 2024 posted on the City of Pasco website and on subject property November 19, 2024 NOA/ODNS posted on SEPA Register website November 20, 2024 NOA/ODNS published in Tri-City Herald Newspaper November 21, 2024 Public Comment received from Basin Disposal December 2, 2024 Public Comment received from Washington State Department of Fish & Wildlife (WDFW) December 3, 2024 Public Comment received from Washington State Department of Ecology (Ecology) December 19, 2024 Notice of Public Hearing scheduled for January 8, 2005 (NOPH), posted on City of Pasco website December 22, 2024 NOPH published in Tri-City Herald Newspaper December 24, 2024 NOPH mailed to owners of properties within 300 feet of subject property. SEPA Determination of Non-Significance Issued for SEPA2024-058, posted on SEPA Register and distributed to Parties of Record. Page 280 of 473 2 January 1, 2025 Public Hearing Staff Report distributed to Project Applicant, Property Owner, Parties of Record BACKGROUND 1. SUBJECT PROPERTY DESCRIPTION: Legal Description: Binding Site Plan 2008-03 Lot 2 Tax Parcel Number: 119-740-015 Address: 2326 W A Street, Pasco, WA 99301 General Location: Located on the south side of W A Street at the intersection of W A Street and S 23rd Avenue. Property Size: 1.38 acres 2. ACCESS: The parcel fronts on and has public road access on W A Street. 3. UTILITIES: The site is currently served by municipal water and sewer from lines located in the Right-of-Way of W A Street. 4. LAND USE, ZONING: The subject property is zoned I-1 Light Industrial (I-1) and is currently used for industrial storage and as a lay-down yard. Surrounding properties are zoned and developed as follows: NORTH: R-1-A2 Low-Density Residential Alternative District; Single Family Dwellings on approximately 1/6 acre lots C-3 General Business District; Parking Lot for Neighboring Business EAST: R-4 High-Density Residential District; 3-story multifamily apartment complex SOUTH: I-1 Light Industrial; Waterfront Revetment and Paved Bike Path WEST: C-1 Retail Business District; Undeveloped and occupied by shrub-steppe vegetation, occasionally beehive boxes are placed on-site Along the entire width of the subject property, beginning at the southern property line extending approximately 15 feet northeast, is land considered within the Shoreline Jurisdiction. 5. COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan Land Use designation for the subject property is Mixed Residential/Commercial. The Mixed Residential/Commercial Land Use designation allows for a combination of mixed-use residential and commercial in the same development. Single-family dwellings, patio homes, townhouses, apartments and condominiums are allowed at a density of 5 to 29 dwelling units per acre (du/ac). Neighborhood shopping and specialty centers, business parks, service and office uses are also allowed. Land with this designation may be assigned zoning districts R-1 through R-4, C-1, O, and [Mixed Use]. Per Pasco Municipal Code (PMC 25.215.015) the maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding Page 281 of 473 3 minimum density expressed in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act (SEPA) checklist , SEPA2024-058, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Determination of Non‐Significance (DNS) for this project was issued on December 24, 2024, under WAC 197‐11‐158. 7. SITE HISTORY: The subject property was annexed into the City by Ordinance 1050 passed by City Council on April 17, 1962. The subject property was part of Government Lot 2 in Section 36, Township 9 North, Range 29 East WM. In 1996, a Comprehensive Plan Amendment passed which resulted in a Land Use designation change to Mixed Residential. In 2021, Comprehensive Plan update approved via Ordinance 4537 changed the Land Use Designation to Mixed Residential/Commercial. The most recent division of the subject property occurred in 2008 via Binding Site Plan 2008-03. The site was undeveloped until 2008 when building permit B08-1117 was issued. The property is currently used for industrial storage and as a lay-down yard. Requirements for Zoning Petition The petition for a change of classification must include the following information per PMC. 25.210.030: 1. The date the existing zone became effective: It is unknown when the subject property was zoned I-1. The assignment of I-1 zoning to the subject property may have occurred as early as 1965; the zoning district I-1 was established in the Zoning Ordinance of 1965 adopted via Ordinance 1203. Staff was unable to locate a Resolution or Ordinance addressing the subject property’s zoning around the time the subject property annexed into the City by Ordinance 1050 passed by City Council on April 17, 1962. Staff was also unable to locate a zoning map amendment for this property after the adoption of Ordinance 1203 through to 1980 , or locate the 1965 zoning map. The subject property was classified as I-1 on the City’s 1990 zoning map. 2. The changed conditions, which are alleged to warrant other or additional zoning: Per the Applicant, “Best use of the property to match the existing multifamily buildings adjacent.” 3. Facts to justify the change on the basis of advancing the public heal th, safety and general welfare: Per the Applicant, “It will be a better fit for the surrounding areas which are commercial to the West and Multifamily construction to the East and Residential to the North .” 4. The effect it will have on the value and character of the adjacent prope rty and the Comprehensive Plan: Page 282 of 473 4 Per the Applicant, “It will increase the value of the surrounding property as it will match the higher density adjacent.” 5. The effect on the property owner or owners if the request is not granted: Per Applicant, “The best use and fit for the parcel would not be realized. The light industrial building and its lay down yard do not fit well with the Commercial and Multifamily lots surrounding it.” 6. The Comprehensive Plan land use designation for the property: The City of Pasco Comprehensive Plan designates the subject property’s Land Use as Mixed Residential/Commercial. 7. Such other information as the Hearing Examiner requires . ANALYSIS Request Jesus Zepeda, owner of Zepgon Investments LLC, submitted a SEPA checklist, SEPA2024-058, and Rezone Application, Z2024-009, to rezone approximately 1.38 acres of land from zoning district I-1 Light Industrial to R-4 High-Density Residential as the property is next to R-4 and across the street from R-1-A2 zoned and developed property. Staff would like to note that the proposed rezone does not include a project action. It is anticipated that should the rezone be approved a subsequent multifamily residential project may be submitted for review. Any subsequent development proposals will be required to adhere to Pasco Municipal Code. STAFF FINDINGS OF FACT The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The Application for Rezone, Z2024-009, and SEPA Environmental Checklist, SEPA2024- 055, were submitted for review on November 1, 2024, and a Determination of Complete Application issued on November 7, 2024. 2. Applicant proposes to rezone the property addressed as 2326 W A Street, Pasco, Parcel 119-740-015 (subject property), from I-1 Light Industrial to R-4 High-Density Residential to construct apartments. 3. The subject property fronts on and has road access to W A Street, a public road classified as an Arterial. 4. The subject property is approximately 1.38 acres in area. 5. The subject property was developed in 2008 and is occupied by Generation Plastering LLC, owned by the Applicant. 6. The City’s 2018-2038 Comprehensive Plan Land Use Map designates the subject properties as Mixed Residential/Commercial. Page 283 of 473 5 7. Land with a Comprehensive Plan Land Use Map designation (Land Use) of Mixed Residential/Commercial may be assigned zoning districts R-1 through R-4, C-1, O, and [Mixed Use]. 8. Mixed Residential/Commercial land allows single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 du/ac. 9. Per the Comprehensive Plan, property with a Land Use of Mixed Residential/Commercial cannot be rezoned to I-1, but can be rezoned to R-4 High-Density Residential. 10. In 2018, the lot immediately adjacent to the east of the subject property and under the same ownership as the subject property was rezoned from I-1 to R-3 Medium Density Residential. 11. In 2021, the land between the subject property and S 20th Avenue, which was under the same ownership of the subject property, currently totaling 8.4 acres, was rezoned from R-3 and I-1 to R-4. These properties have since been developed into multifamily apartments. 12. A Notice of Application with Optional SEPA Determination of Non-Significance was issued on November 20, 2024. The NOA/ODNS was published in the Tri-City Herald newspaper, posted on the City of Pasco Public Notice webpage, the SEPA Register website, and on the subject property. 13. Comments were received from Basin Disposal, Ecology and WDFW. 14. No comments were received from property owners or Pasco residents in response to the Notice of Application or Notice of Public Hearing. 15. A SEPA Determination of Non-Significance was issued for SEPA2024-058 on December 24, 2024 and posted on the SEPA Register website, and distributed to Parties of Record. 16. Public notice of this hearing was sent to property owners within 300 feet of the property, to parties of record, and published in the Tri-City Herald newspaper. 17. Per PMC 2.50.080(1), the Hearing Examiner may conduct hearings and prepare recommendations for City Council consideration of rezone applications. TENTATIVE CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw their conclusions based upon the criteria listed in PMC 25.210.060(1). The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The Mixed Residential/Commercial Land Use allows for R-4 zoning and may be developed with apartments. I-I zoning is not consistent with the comprehensive plan. A change in zoning would be consistent with the comprehensive plan Land Use Map designation for the site and could further the goals and policies of the Comprehensive Plan such as: • Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. Page 284 of 473 6 • Land Use Policy LU-4-F: Support mixed use, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community. • Housing Goal H-1: Encourage housing for all economic segments of the city’s population consistent with the local and regional market. • Housing Policy H-1-A: Allow for a range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc. See Findings of Fact 4 – 7. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. This application for rezone will not be materially detrimental to the immediate vicinity as many properties in the immediate vicinity are residential. If the rezone to R-4 is approved the site would be redeveloped as Columbia River Walk Apartments West, an extension of the existing apartments on the over 8 acres immediately adjacent to the subject property and west of S 20th Avenue. See Finding of Fact 9. 3. There is merit and value in the proposal for the community as a whole. Rezoning the subject property provides the opportunity for residential development which will benefit from the proximity and/or access to the Columbia River and the riverside bike trail and parks maintained by the City of Pasco. The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The rezone application and future site development are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions should be imposed; any future development will be evaluated for significant adverse impacts at the time of a development application. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. No Concomitant Agreement is considered necessary for this application. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions herein, that be Parcel 119-740- 015 be rezoned from zoning district I-1 Light Industrial to R-4 High-Density Residential. Attachments 1. Application Page 285 of 473 7 2. Google Earth Streetview Photos (9/2023) 3. Maps (Overview, Vicinity, Zoning District, Comprehensive Plan Land Use Designation) 4. Determination of Completeness 5. Notice of Application w/ Optional SEPA Determination of Non-significance Posted On-site 6. NOA_ODNS Affidavit of Publication 7. Public/Agency Comments 8. SEPA Final Determination of Non-significance 9. Notice of Public Hearing Affidavit of Mailing 10. Notice of Public Hearing Affidavit of Publication Page 286 of 473 Page 287 of 473 Page 288 of 473 Page 289 of 473 Site Map - 2326 West A St, Pasco WA 99301 West A St Columbia River Walk Apartments Zoned R4 Zoned Commerical Subject Property Army Corp Land N Page 290 of 473 Pa g e 2 9 1 o f 4 7 3 Pa g e 2 9 2 o f 4 7 3 Pa g e 2 9 3 o f 4 7 3 Pa g e 2 9 4 o f 4 7 3 Pa g e 2 9 5 o f 4 7 3 Pa g e 2 9 6 o f 4 7 3 Pa g e 2 9 7 o f 4 7 3 Pa g e 2 9 8 o f 4 7 3 Community & Economic Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO DETERMINATION OF COMPLETENESS This notice is required by RCW 36.70B.070 FILE #s: Z2024-009/SEPA2024-58 TYPE OF APPLICATION: Rezone/SEPA Environmental Checklist APPLICANT: Jesus Zepeda 2326 W A St Pasco, WA 99301 PROJECT NAME: Columbia River Walk Apartments West I-2 to R-4 It has been determined that your application for a rezone and accompanying SEPA Environmental Checklist is complete for processing by the City of Pasco. These materials will be dispersed to City departments and affected agencies for review and comment. Though the application is sufficient for continued processing, additional information may be required, or project modifications may occur. Issuance of this notice shall not preclude the City of Pasco from requesting additional information or studies if new or addit ional information is required or a change in the proposal occurs. A final decision on this application has not been made. The SEPA Threshold Determination is an administrative decision by the City’s SEPA Administrator. A public hearing will be held by the City of Pasco hearing examiner after which a recommendation will be made to the Pasco City Council. The City Council will make a final decision regarding this rezone application. Date Issued: 11/7/2024____________ Staff Contact: Jennifer B. Ballard, CFM, AICP Senior Planner, Community and Economic Development 509.544.4140/ballardj@pasco-wa.gov Page 299 of 473 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 NOTICE OF APPLICATION/SEPA ODNS DETERMINATION (Optional DNS Process) Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. Notice is hereby given on 11/20/2024 that the application/proposal described in this notice has been filed with the City of Pasco Community and Economic Development Department (CED). Proposal: Jesus Zepeda submitted a SEPA checklist, SEPA2024-058, and Rezone Application, Z2024-009, to rezone approximately 1.38 acres of land from zoning district I-1 Light Industrial to R-4 High-Density Residential as the property is next to R-4 and across the street from R-1-A2 zoned and developed property. The property is currently used for industrial storage and as a lay- down yard. No subdivision of land or building permits have been submitted at this time. Location: The subject property is located at 2326 W A Street (Parcel 119740015, Binding Site Plan 2008-03 Lot 2) in Pasco, WA 99301. Application submittal date: 11/01/2024 Date that application was determined to be substantially complete: 11/7/2024 Public Comment Period: Any interested party may comment on this application. Written comments must be submitted to CED by 5PM 12/4/2024 via email to planning@pasco-wa.gov; via mail to PO BOX, 293 Pasco, WA 99301; or in person to the CED Planning Division at 525 N 3rd Ave, Pasco, WA 99301. THIS WILL NOT BE YOUR ONLY OPPORTUNITY TO COMMENT ON Application Z2024-009. Open Record Hearing & Future Notice: A public hearing will be required and be noticed at a future date. Final Decision regarding zoning will be made by Pasco City Council. The SEPA threshold determination will be established administratively by the Pasco SEPA Administrator. Any interested party may request to receive notice of or participate in any future hearings, received a copy of decisions or appeal said decisions. Please make your request to the CED via the above contact information. Preliminary Determination of Regulations Used for Project Mitigation: To evaluate the impacts of the proposed project, the following may be used for mitigation, consistency, and the development of findings and conclusions: Pasco Municipal Code (PMC) Title 23 Environmental Impact, Title 25 Zoning, and the land use policies contained in the Pasco Comprehensive Plan; Regulations of the Washington State Department of Fish and Wildlife, Washington State Department of Ecology, and Washington State Department of Natural Resources; Other required agency evaluations, approvals, permits, and mitigations as necessary. The following documents are hereby incorporated by reference, and all or part of the documents may be used to evaluate the application/proposal: • SEPA Environmental Checklist, SEPA2024-058, dated 11/1/2024 Page 300 of 473 • Rezone Application, Z2024-009, dated 10/31/2024 • Property Map, Z2024-009, submitted 11/1/2024 It is probable that a Determination of Non -Significance or Mitigated Determination of Non- Significance will be issued for this proposal (WAC 197.11.355 optional DNS process). This may be the only opportunity to comment on the environmental impacts of this proposal or to appeal any State Environmental Policy Act related decisions. A copy of the subsequent threshold determination and any other information concerning this action may be obtained by contacting the CED. Required Permits: None at this time. Future construction may require a building permit. Appeals: You may appeal the subsequent threshold determination by submitting an appeal to CED within 14 days of issuance via mail to PO BOX 293, Pasco, WA 99301, or in person to the CED Planning Division at 525 N 3rd Ave, Pasco, WA 99301. The appeal must be in written form, contain a concise statement of the matter being appealed and the basic rationale for the appeal and be accompanied by required fee. This application is subject to regulations contained in the PMC. This Notice of Application is required by Revised Code of Washington 36.70B.110. Page 301 of 473 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 14026 613168 Print Legal Ad-IPL02048170 - IPL0204817 Z2024-009 SEPA2024-058 $401.77 2 72 L Debra BarhamAttention: CITY OF PASCO/LEGALS PO BOX 293 PASCO, WA 99301 barhamd@pasco-wa.gov, accountspayable@pasco-wa.gov COUNTY OF BENTON) SS STATE OF WASHINGTON) Mary Castro, being duly sworn, deposes and says, I am the Legals Clerk of The Tri-City Herald, a daily newspaper. That said newspaper is a local newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publications hereinafter referred to, published continually as a daily newspaper in Benton County, Washington. That the attached is a true copy as it was printed in the regular and entire issue of the Tri- City Herald and not in a supplement thereof, ran 1 time (s) commencing on 11/20/2024, and ending on 11/20/2024 and that said newspaper was regularly distributed to its subscribers during all of this period. 1 insertion(s) published on: 11/20/24 (Signature of Legals Clerk) Sworn to and subscribed before me this 20th day of November in the year of 2024 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy!Page 302 of 473 Page 303 of 473 State of Washington DEPARTMENT OF FISH AND WILDLIFE South Central Region • Region 3 • 1701 South 24th Avenue, Yakima, WA 98902-5720 Telephone: (509) 575-2740 • Fax: (509) 575-2474 December 2, 2024 Jennifer Ballard Senior Planner City of Pasco 525 N. 3rd Ave Pasco, WA SUBJECT: WDFW COMMENTS ON SEPA DNS Z2024-009 Dear Ms. Ballard, Thank you for the opportunity to review the rezone application, Z2024-009 which would rezone approximately 1.38 acres of land from light industrial to high-density residential. The Washington Department of Fish and Wildlife (WDFW) has reviewed the application. As identified in the notice, a portion of the property along the southern edge is located within the Shoreline Jurisdiction. WDFW would recommend that the portion of the property that is within the Shoreline Jurisdiction be planted with native plants including shrubs and potentially trees to preserve the shoreline environment and offset impacts from the high-density residential building. WDFW is willing to assist with guidance on appropriate plants that could help improve the habitat at this location. Thank you again for the opportunity to comment. Please contact me at 509-607-3578 or Scott.Downes@dfw.wa.gov to address these comments. Sincerely, Scott Downes Regional Land Use Lead Page 304 of 473 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Eastern Region Office 4601 North Monroe St., Spokane, WA 99205-1295 • 509-329-3400 December 3, 2024 Jennifer Ballard Planner City of Pasco P.O. Box 293 525 N. 3rd Ave Pasco, WA 99301 Re: Columbia River Walk Apartments West I-2 to 1-1 File: SEPA2024-058, Z2024-009 Dear Jennifer Ballard: Thank you for the opportunity to comment on the Notice of Application and anticipated Determination of Nonsignificance regarding the Columbia River Walk Apartments West I-2 to 1- 1 Project (Proponent: Jesus Zepeda). After reviewing the documents, the Department of Ecology (Ecology) submits the following comments: Water Resources Program The water purveyor bears responsibility for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal’s actions differ from the existing water right (source, purpose, the place of use, or period of use), then it is s ubject to approval from the Department of Ecology pursuant to Sections 90.03.380 RCW and 90.44.100 RCW. For more information, please contact Herm Spangle at (509) 209-3421 or via email at Herm.Spangle@ecy.wa.gov. State Environmental Policy Act (SEPA) Ecology bases comments upon information submitted for review. As such, comments made do not constitute an exhaustive list of the various authorizations you may need to obtain, nor legal requirements you may need to fulfill in order to carry out the propose d action. Applicants should remain in touch with their Local Responsible Officials or Planners for additional guidance. For information on the SEPA Process, please contact Cindy Anderson at (509) 655-1541 or via email at Cindy.Anderson@ecy.wa.gov. Page 305 of 473 Jennifer Ballard December 3, 2024 Page 2 To receive more guidance on or to respond to the comments made by Ecology, please contact the appropriate staff listed above at the phone number or email provided. Department of Ecology Eastern Regional Office (Ecology File: 202405072) Page 306 of 473 Page 307 of 473 Page 308 of 473 TAXPAYER_N MAIL_ADDRE MAIL_CITYS ZIP_CODE ALLAN L YENNEY PO BOX 547 PASCO WA 99301-0547 CHARLES BUHRIG 521 S 23RD AVE PASCO WA 99301-4741 COLUMBIA RIVER GARDENS CEMETARY 915 BY PASS HWY RICHLAND WA 99352-3600 COLUMBIA RIVERWALK 2120 W A ST PASCO WA 99301-5553 COREY & TAMI BITTON 4727 SEDONA CT PASCO WA 99301-8160 DOLORES MONTERO PO BOX 2026 PASCO WA 99302-2026 EDELMIRO TAMEZ (JR)1724 N 17TH AVE PASCO WA 99301-3410 ELAINE RODRIGUEZ 2112 N RD 33 PASCO WA 99301-3218 JOEL FABELA P 203 SADDLE MOUNTAIN DR MATTAWA WA 99349-0111 JOSE I GODINEZ (ETAL)518 S 22ND AVE PASCO WA 99301-4740 JOSE IBARRA (ETUX)510 S 23RD AVE PASCO WA 99301-4742 JOSEPH LARSEN (ETAL)514 S 23RD AVE PASCO WA 99301-4742 KELLY L FUSTON 2203 W A ST PASCO WA 99301-4762 PATRICIA ANN GIBSON 2606 W MARGARET ST PASCO WA 99301-4507 PLACIDO & MARIA PANIAGUA 514 S 22ND AVE PASCO WA 99301-4740 VICENTE CASTREJON GONZALEZ (ETAL)510 S 22ND AVE PASCO WA 99301-4740 ZEPGON INVESTMENTS LLC (ETAL)2326 W A ST PASCO WA 99301-4700 J. Ballard, Planning Division PO Box 293 PASCO WA 99301 Pa g e 3 0 9 o f 4 7 3 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509 -545-3441. Open Record Hearing Date, Time, Location: The City of Pasco Hearing Examiner will conduct open record hearings at 6:00 p.m. on January 8, 2025 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington (use Sylvester Street Parking Lot Entrance if attending). The Hearing Examiner will consider public testimony concerning the following application at this hearing: Z2024-009 Columbia River Walk Apartments West I-I To R-4: Jesus Zepeda submitted application to rezone approximately 1.38 acres of land from zoning district I-1 Light Industrial to R-4 High- Density Residential as the property is next to R-4 and across the street from R-1-A2 zoned and developed property. The property is currently used for industrial storage and as a lay-down yard. No subdivision of land or building permits have been submitted at this time , but the intent if the rezone is approved is to construct an apartment complex. The subject property is located at 2326 W A Street, Parcel 119-740-015, Binding Site Plan 2008-03 Lot 2, in Pasco, WA. All development is subject to the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on January 8, 2025. Any interested party may submit comments, attend the meeting and/or give testimony, or request notice of the Hearing Examiner’s decisions. To submit comments, request notice, or if you have questions about the proposals, contact the Planning Division at (509) 544-4140 or via e-mail at planning@pasco- wa.gov or via postal mail at PO Box 293, Pasco, WA 99301. If you wish to participate in the hearing virtually, please register at www.pasco- wa.gov/publiccomment. After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of Decision: The Hearing Examiner will render Recommendation to City Council on the Rezone Application within ten (10) days of the public hearing. The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance t o comment at this public meeting, please contact the Community Development Department at (509) 545 -3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Page 310 of 473 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 14026 622224 Print Legal Ad-IPL02095520 - IPL0209552 NOPH 2024.12.19 $325.28 2 56 L Debra BarhamAttention: CITY OF PASCO/LEGALS PO BOX 293 PASCO, WA 99301 barhamd@pasco-wa.gov, accountspayable@pasco-wa.gov COUNTY OF BENTON) SS STATE OF WASHINGTON) Mary Castro, being duly sworn, deposes and says, I am the Legals Clerk of The Tri-City Herald, a daily newspaper. That said newspaper is a local newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publications hereinafter referred to, published continually as a daily newspaper in Benton County, Washington. That the attached is a true copy as it was printed in the regular and entire issue of the Tri- City Herald and not in a supplement thereof, ran 1 time (s) commencing on 12/22/2024, and ending on 12/22/2024 and that said newspaper was regularly distributed to its subscribers during all of this period. 1 insertion(s) published on: 12/22/24 (Signature of Legals Clerk) Sworn to and subscribed before me this 30th day of December in the year of 2024 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy!Page 311 of 473 Z2024-009: Columbia River Walk Apartments West, I-1 to R-4 Public Hearing & Hearing Examiner Determination: ◦January 8, 2025 ◦Recommendation of Approval Site Information: ◦Parcel: 119-740-015 ◦Size: 1.38 Acres ◦Land Use: Industrial ◦Current Zoning District: I-1, Light Industrial ◦Proposed Zoning District: R-4, High-Density Residential Rezone Criteria: PMC 25.210.030 Pa g e 3 1 2 o f 4 7 3 Z2024-009: Columbia River Walk Apartments West, I-1 to R-4 Pa g e 3 1 3 o f 4 7 3 Z2024-009: Columbia River Walk Apartments West, I-1 to R-4 Pa g e 3 1 4 o f 4 7 3 Requirements for Zoning Petition (PMC 25.210.030) •The date the existing zone became effective; •The changed conditions which are alleged to warrant other or additional zoning; •Facts to justify the change on the basis of advancing the public health, safety and general welfare; •The effect it will have on the value and character of the adjacent property and the Comprehensive Plan; •The effect on the property owner or owners if the request is not granted; •The Comprehensive Plan land use designation for the property; and •Such other information as the Hearing Examiner requires. Z2024-009: Columbia River Walk Apartments West, I-1 to R-4 Pa g e 3 1 5 o f 4 7 3 Process (Chapter 25.210 PMC) Rezone Petition and Application PMC 25.210.020(1) Public Notice PMC 25.210.04 0 Public Hearing w/Hearing Examiner PMC 25.210.020(1)( c) Hearing Examiner Findings + Recommendatio n PMC 25.210.060 City Council Regular Business Meeting PMC 25.210.080 Z2024-009: Columbia River Walk Apartments West, I-1 to R-4 Pa g e 3 1 6 o f 4 7 3 AGENDA REPORT FOR: City Council March 12, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 3/17/25 FROM: Eric Ferguson, City Attorney City Manager SUBJECT: Restated and Amended Fourth Interlocal 4581 No. Resolution - Agreement with Benton County Emergency Services (BCES) (2 minute staff presentation) I. ATTACHMENT(S): Resolution Redlined Interlocal Agreement Clean Interlocal Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4581, authorizing the Interim City Manager to execute a Fourth Amended and Restated Interlocal Agreement for the Benton County Emergency Services. 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 Answering Points (PSAPs) serving these jurisdictions and other 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. Page 317 of 473 BCES provides public safety and emergency dispatch services to jurisdictions across incorporated and unincorporated areas of Benton and Franklin 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. safety public The services and emergency benefitting 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. Due to multiple drafts that have been circulated since last October, a previous draft was included in Council packets at the Workshop meeting on March 10, 2025. The current “redline” draft shows all the changes to the Third Amended and Restated Interlocal Agreement for BCES. 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. Page 318 of 473 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 319 of 473 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 320 of 473 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 THIRDFOURTH 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 Statestate of Washington; Franklin County, a political subdivision of the Statestate 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 321 of 473 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 ThirdFourth 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 easas 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 322 of 473 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 acquiringeacquiring 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. Page 323 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 4 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 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. Page 324 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 5 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. 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. Page 325 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 6 9. 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. 10. 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 • Benton County Fire Protection Districts 1, Page 326 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 7 Districts 1, 2, 3, 4 & 5 (1 Rep) • Walla Walla Fire Protection District 5 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 consi deration. 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 Page 327 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 8 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 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. Page 328 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 9 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, 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 to send to Benton Page 329 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 10 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 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 Page 330 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 11 the Benton County Microwave System. 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. 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 Page 331 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 12 operating budget requires Executive Board approval. H.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. 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 Page 332 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 13 Owner Entities to remit payment as required herein shall result in suspension of services to the non-compliant Owner Entity by 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, 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 existingFormerFormer (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 Page 333 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 14 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 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 irrevocably 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. Page 334 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 15 C. When aRequestsRequests for communications records public recordssought request is received by BCESsought 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 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 rRecordspublic records 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 toconduct an adequate search for and produce to the member/participating agency all responsive records located pursuant to search terms provided by the member/participating agency upon request, and retain search logs documentdocumentation describingingdocumentation 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. In the event a court of competent jurisdiction determines, after litigation on the merits, that a member/participating agency is liable under the Public Records Act based solely on a finding of inadequate search conducted by BCES records staff, the Administrative Jurisdiction agrees to indemnify the member/participating agency to the extent of penalties and costs awarded solely as a result of the inadequate search for BCES communications records. The Administrative Jurisdiction’s obligation to indemnify a member/participating agency under this section shall be conditioned upon the member/participating agency proving that: 1. The member/participating agency responded promptly and diligently to all communication from the requestor indicating that additional records were due; and 2. The member/participating agency promptly notified BCES staff of the requestor’s communication so that additional searches could be performed. Indemnification is not available in cases where the Court’s finding of inadequate search resulted from the member/participating agency’s failure to generate adequate search terms. B.E. 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 withtowith the Washington State Public Records Act when the request is for records exclusive of communications records. . Page 335 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 16 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, and the Third Amended and Restated Interlocal Agreement for Benton County Emergency Services recorded with the Benton County Auditor and Franklin County Auditor on April 4, 2024. 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 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 Statestate of Washington. Nothing herein Page 336 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 17 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 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 Page 337 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 18 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 338 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 19 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 AlvarezJerome Delvin Date By: Rocky Mullen Date Chairman, Benton County Commission Chairman, Franklin County Commission _____________________________ ________________________________ By: Jerome DelvinMichael Alvarez 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: Jeffrey Aultman By: Jeff Briggs Chief Deputy Prosecuting Attorney, Civil Franklin County Chief Civil Deputy Prosecutor [Signatures Continue Below] Page 339 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 20 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 BeatonErinErin 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 Page 340 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 21 [Signatures Continue Below] 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 Page 341 of 473 Third Fourth Amended and Restated BCES Interlocal (2024) Page 22 Date: _______________ Page 342 of 473 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 FOURTH 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 343 of 473 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 Fourth 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 (hereinafter Page 344 of 473 Fourth Amended and Restated BCES Interlocal (2024) Page 3 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 Administrative Jurisdiction withdraws after having provided a minimum of nine (9) Page 345 of 473 Fourth Amended and Restated BCES Interlocal (2024) Page 4 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. Page 346 of 473 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. Page 347 of 473 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 consi deration. Items for which there is no majority support will require the use of the agency input Page 348 of 473 Fourth Amended and Restated BCES Interlocal (2024) Page 7 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 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 Page 349 of 473 Fourth Amended and Restated BCES Interlocal (2024) Page 8 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- 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 Page 350 of 473 Fourth Amended and Restated BCES Interlocal (2024) Page 9 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 t he 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 to 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 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. Page 351 of 473 Fourth Amended and Restated BCES Interlocal (2024) Page 10 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. 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) Page 352 of 473 Fourth Amended and Restated BCES Interlocal (2024) Page 11 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. 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 Page 353 of 473 Fourth Amended and Restated BCES Interlocal (2024) Page 12 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. 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 Page 354 of 473 Fourth Amended and Restated BCES Interlocal (2024) Page 13 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 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. Page 355 of 473 Fourth Amended and Restated BCES Interlocal (2024) Page 14 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 irrevocably 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 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, conduct an adequate search for and produce to the member/participating agency all responsive records located pursuant to search terms provided by 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. Page 356 of 473 Fourth Amended and Restated BCES Interlocal (2024) Page 15 D. In the event a court of competent jurisdiction determines, after litigation on the merits, that a member/participating agency is liable under the Public Records Act based solely on a finding of inadequate search conducted by BCES records staff, the Administrative Jurisdiction agrees to indemnify the member/participating agency to the extent of penalties and costs awarded solely as a result of the inadequate search for BCES communications records. The Administrative Jurisdiction’s obligation to indemnify a member/participating agency under this section shall be conditioned upon the member/participating agency proving that: 1. The member/participating agency responded promptly and diligently to all communication from the requestor indicating that additional records were due; and 2. The member/participating agency promptly notified BCES staff of the requestor’s communication so that additional searches could be performed. Indemnification is not available in cases where the Court’s finding of inadequate search resulted from the member/participating agency’s failure to generate adequate search terms. E. 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 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, Amendment No. 1 thereto recorded on August 27, 2020, and the Third Amended and Restated Interlocal Agreement for Benton County Emergency Services recorded with the Benton County Auditor and Franklin County Auditor on April 4, 2024. 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 Page 357 of 473 Fourth Amended and Restated BCES Interlocal (2024) Page 16 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 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. Page 358 of 473 Fourth Amended and Restated BCES Interlocal (2024) Page 17 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 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 359 of 473 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: Jerome Delvin Date By: Rocky Mullen Date Chairman, Benton County Commission Chairman, Franklin County Commission _____________________________ ________________________________ By: Michael Alvarez 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: _______________________________ __________________________________ By: Jeffrey Aultman By: Jeff Briggs Chief Deputy Prosecuting Attorney, Civil Franklin County Chief Civil Deputy Prosecutor [Signatures Continue Below] Page 360 of 473 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: Erin Erdman Date By: Brent Gerry Date 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 Kennewick City Attorney West Richland City Attorney [Signatures Continue Below] Page 361 of 473 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 362 of 473 AGENDA REPORT FOR: City Council March 11, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 3/17/25 FROM: Maria Serra, Public Works Director Public Works SUBJECT: Ordinance No. 4765 - Amending 3.35.220 & 3.65.150 and Creating 13.85.095 staff minute (5 Rates to Irrigation regards with Utility presentation) I. ATTACHMENT(S): Presentation Ordinances (Options A and B) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION A (Full Connection Fee): I move to adopt Ordinance No. 4765, Amending Pasco Municipal Code Sections 3.35.220 "Irrigation Water Utility Fee" and Section 3.65.150 "Senior Discount" and creating Section 13.85.095 "Connection Fee" and, further, authorize publication by summary only. -or- MOTION B (Reduced Connection Fee): I move to adopt Ordinance No. 4765, Amending Pasco Municipal Code Sections 3.35.220 "Irrigation Water Utility Fee" and Section 3.65.150 "Senior Discount" and creating Section 13.85.095 "Connection Fee" and, further, authorize publication by summary only. III. FISCAL IMPACT: Revenue impact IV. HISTORY AND FACTS BRIEF: The City operates an irrigation utility system serving a partial area of the city. The utility has over 9,000 customers located in the north westerly portion of the City. The utility is expected to expand significantly over the next several years as there is a considerable amount of vacant land within the service area. Page 363 of 473 The Irrigation utility was established through the purchase an existing private agricultural irrigation system in 2002. Since then, the irrigation service area and the system itself has been improved and expanded through private development and city-initiated capital improvements across the service area. The irrigation system operates independent of the City’s potable water system. While the irrigation and water utilities are separate and distinct systems, the irrigation utility benefits potable water system customers by limiting demand for potable water in the summer months (for non-potable purposes: irrigation) by properties within the irrigation system service area. The operational cost to provide potable water is significantly higher than irrigation water. Additionally, if the potable water system were expected to meet all non-potable demands, the result would be the need for greater capital investments in the potable water system along with higher water rates for all ratepayers, and the need to acquire significantly more water rights for potable water system. Water for the utility is sourced from an intake at the Columbia River and 11 well sites. Since the last rate study (2017), the irrigation utility customer count has grown by approximately 25%. In 2018, a detailed evaluation of the system found supply deficiencies within the existing area of service, resulting in low pressure areas with no capacity for expansion. In response, a series of projects and operational changes were initiated by the City. Prior to this, the system had historically not required significant capital reinvestment on the part of the City outside of upsizing and looping of mains to adjust to residential rather and agricultural uses. With the system aging, including well infrastructure, increased demand within the original service area and potential expansion, additional and more significant investment is required. In 2023, the City engaged FCS Group to conduct a rate study and connection fee analysis. The revenue rate evaluated all expense elements of the utility system, including operations and maintenance, debt service and capital costs over the planning horizon from 2025 - 2030. Based on this analysis rates can then be calculated to ensure utility revenues are sufficient to cover the costs of operating the utility in compliance with applicable laws and regulations, allow for payment for debt service obligations as well as meet bond covenant requirements, and invest in planned capital needs and system renewal. It is worth noting that unlike the potable water system, the irrigation customers are unmetered, so each property is charged a flat rate. V. DISCUSSION: Two ordinances are provided as part of this packet for Council consideration in the setting of updated Rates and establishing a connection fee for the Irrigation Page 364 of 473 Utility. RATE AND CONNECTION FEE SETTING Consistent and pro-active utility planning and appropriate rates are necessary to support the financial health of the utility and ensure reliable service to system users. Rates commensurate with the true cost of service are viewed favorably by bond rating agencies as they are an indicator of the stability of the utility. A strong bond rating makes City bonds more marketable garnering lower interest rates. The process undertaken to calculate revenue requirements and connection charges was presented to Council on October 24, 2024 by the FCS Group. Unlike utility rates, a connection charge is a one-time fee that is applied to new system users and represents the purchase of a pro rata share of the cost of providing system capacity based on infrastructure investment that has already occurred and planned capacity improvements. Revenues collected via but costs maintenance and connection support cannot charges operations instead are accumulated to pay for new capital projects that rehabilitate or expand the system or increase capacity. The connection fee analysis resulted in a calculated fee of $1468 per residential connection. Council has great discretion in the fee and can set a fee of $0 up to $1468 per new connection. The balance to this issue is that the establishment of a connection fee less than the calculated amount will then have to be made up through increased monthly rates across the utility, or reduced expenses and level of service. For most utility services, biggest drivers of rate increases are capital projects and that is true in this case. Proposal Impact to ratepayers with 100% of the connection fee is $45/year or $3.70/month. The Council directed staff to develop a moderate alternative that includes a connection fee lower than the maximum calculated fee. Additionally, staff was asked to review the capital improvement plan to explore options for implementing a more gradual rate increase. This may require extending the increase over a longer period of time in order to smooth out the impact and avoid a sharp rise in fees. Essentially, the goal is to "flatten the curve" of the rate increases. Due to few but capital intensive projects that need to happen in a near future, reducing the rate increases in the prior year was not feasible. Page 365 of 473 Following Council direction in early March two ordinances have been drafted, representing alternatives A and B below: Annual Irrigation Rate Option A Option B Proposed Connection Fee: $1,468 Proposed Connection Fee: $1,000 Current $221.55 $221.55 2025 $259.21 (17%) $260.88 (17.75%) 2026 $303.28 (17%) $307.18 (17.75%) 2027 $354.84 (17%) $361.70 (17.75%) 2028 $365.48 (3%) $372.56 (3%) 2029 $376.45 (3%) $383.73 (3%) 2030 $387.74 (3%) $395.24 (3%) OUTREACH PROCESS AND RESULTS: During the discussions on irrigation rates and connection fees, taking place between October 2024 and March 2025, staff provided an overview of the outreach process performed at Council's direction and its results. LOW INCOME / SENIOR DISCOUNTS senior low-income offer not currently Irrigation currently Utility The does discounts. Based on direction from the Council during the most recent rates discussion, the proposed ordinances (both alternatives) provide for a discounted rate for irrigation rates, as an expansion to the existing program for water and sewer utilities. A query of the billing system shows that 56 out of the 9,476 irrigation accounts currently receive low-income senior discounts for water and would be eligible for the discounted irrigation rate. Adoption of either of the ordinance options will ensure the financially solvency of the utility and provide for reliable operation now and over the next several years. Staff recommends adoption of one of the draft ordinances (Option A or Option B) for the Irrigation Utility. Page 366 of 473 March 17, 2025 Pasco City Council Regular Meeting Pa g e 3 6 7 o f 4 7 3 Irrigation Utility Connection Fee and Rates March 17, 2025 Pasco City Council Pa g e 3 6 8 o f 4 7 3 Irrigation Utility –Connection Fee and Rates 3 Previous Presentations October 2024 – March 2025 Utility overview Capital Improvement Plan O&M needs Rate model Rate comparison Maximum connection fee Rate increase proposed Outreach and feedback Council direction Pa g e 3 6 9 o f 4 7 3 Irrigation Utility – Service Area 4 Pa g e 3 7 0 o f 4 7 3 Both proposed Ordinances 5 •Update rates between 2025 and 2030 •Create a Code Section for Connection Fees •Expand Low Income Senior Program to Irrigation utility (discounted rate to qualifying ratepayers) Pa g e 3 7 1 o f 4 7 3 6 Ordinances - Alternatives Annual Irrigation Rate Option A Option B Connection Fee: $1,468 Connection Fee: $1,000 Current $221.55 $221.55 2025 $259.21 (17%)$260.88 (17.75%) 2026 $303.28 (17%)$307.18 (17.75%) 2027 $354.84 (17%)$361.70 (17.75%) 2028 $365.48 (3%)$372.56 (3%) 2029 $376.45 (3%)$383.73 (3%) 2030 $387.74 (3%)$395.24 (3%) Pa g e 3 7 2 o f 4 7 3 Questions?Pa g e 3 7 3 o f 4 7 3 Ordinance – Amending PMC 3.35.220 and 3.65.150; and Creating PMC 13.85.095 - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTION 3.35.220 IRRIGATION WATER UTILITY AND SECTION 3.65.150 SENIOR DISCOUNT; AND CREATING SECTION 13.85.095 CONNECTION FEE. WHEREAS, the City of Pasco owns and operates an Irrigation Water Utility that is separate from the Drinking Water Utility; and WHEREAS, the FCS Group developed and presented a revenue requirement analysis for the City’s Irrigation Water Utility; and WHEREAS, a maximum, one-time, connection fee was calculated for new users connecting to the utility; and WHEREAS, City Council determined existing rates were insufficient to meet the revenue requirements associated with the utility for its proper maintenance and operation to continue to provide adequate service to all ratepayers for the utility. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Section 3.35.220 entitled “Irrigation water utility” of the Pasco Municipal Code is hereby amended and shall read as follows: 3.35.220 Irrigation water utility. Irrigation water service; monthly rate, during irrigation season: Fee/Charge Reference 201825 201926 202027 202128 202229 2030 Base rate, per unit, for single-family residential properties $28.12 $37.03 $28.96 $43.32 $29.83 $50.69 $30.73 $52.21 $31.65 $53.78 $55.39 13.85.200( 1)(a) Base rate, per unit, for non single-family residential property $28.12 $37.03 $28.96 $43.32 $29.83 $50.69 $30.73 $52.21 $31.65 $53.78 $55.39 13.85.200( 1)(b) Per irrigation unit $8.79 $11.57 $9.05 $13.54 $9.32 $15.84 $9.60 $16.32 $9.89 $16.80 $17.31 13.85.200( 1)(c) Per irrigated acre (public parks, playgrounds and open spaces) $81.99 $107.97 $84.45 $126.32 $86.98 $147.80 $89.59 $152.23 $92.28 $156.80 $161.50 13.85.200( 1)(d) Unauthorized turn-on (any repair cost additional) $51.50 $59.70 $53.05 $61.49 $54.64 $63.33 $56.28 $65.23 $57.96 $67.19 $69.21 13.61.090 13.85.100 Page 374 of 473 Ordinance – Amending PMC 3.35.220 and 3.65.150; and Creating PMC 13.85.095 - 2 Irrigation water service; monthly rate, during irrigation season: Fee/Charge Reference 201825 201926 202027 202128 202229 2030 Disconnect/connect service due to violation $51.50 $59.70 $53.05 $61.49 $54.64 $63.33 $56.28 $65.23 $57.96 $67.19 $69.19 13.85.110 Annual system availability fee $90.64 $105.08 $93.36 $108.23 $96.16 $111.48 $99.04 $114.82 $102.02 $118.27 $121.82 13.85.060 Connection Fee (Per Unit) $1,468 $1,468 $1,468 $1,468 $1,468 $1,468 13.85.095 [Ord. 4369, 2017; Ord. 4323, 2016; Ord. 3961, 2010; Ord. 3679, 2004; Ord. 3665, 2004; Ord. 3610, 2003; Code 1970 § 3.07.210.] Section 2. That Section 3.65.150 entitled “Senior discount” of the Pasco Municipal Code is hereby amended and shall read as follows 3.65.150 Senior discount. (1) Dwelling units qualifying as set forth below shall be charged a monthly rate equal to one-third of the otherwise applicable rate for the minimum monthly water, irrigation water, utility and sewer rates. All consumption shall be charged at the regular rate. To qualify, each dwelling unit where a person residing therein shall show satisfactory proof under oath in writing to the Director the following: (a) That he or she is 62 years of age or older; (b) That he or she is a single occupant of or the head of a household all of whose members have a combined annual income from all sources that is not greater than the United States Federal Poverty Level. Such poverty level shall be determined by the “very low-income limits” and updated annually by the Director; (c) The person must be the customer of the water and irrigation water service and must be directly responsible for the payment of the water utility bill; (d) The person must have resided at such place for a period of not less than 90 consecutive days prior to the effective date of the rate set forth below and must intend to remain at such place; (e) The person must state under oath that he or she will inform the City in writing if there is any change in their or the household’s status as it relates to the requirements set forth above. (2) The Director may require the person demonstrating satisfactory proof for a household that qualifies for the rates set forth in this section to make an updated Page 375 of 473 Ordinance – Amending PMC 3.35.220 and 3.65.150; and Creating PMC 13.85.095 - 3 application at any time. “Head of the household” means the person owning or having control of the dwelling unit. In the case of a husband and wife, either person shall be considered the “head of the household.” [Code 1970 § 3.200.150.] Section 3. That a new Section 13.85.095 entitled “Connection fee” of the Pasco Municipal Code shall be and hereby is created and shall read as follows: 13.85.095 Connection Fee. At the time of application for the connection to the public Irrigation Water Utility, a connection fee, as set forth in Section 3.35.220 PMC, shall be paid to the City. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 6. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 376 of 473 Ordinance – Amending PMC 3.35.220 and 3.65.150; and Creating PMC 13.85.095 - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTION 3.35.220 IRRIGATION WATER UTILITY AND SECTION 3.65.150 SENIOR DISCOUNT; AND CREATING SECTION 13.85.095 CONNECTION FEE. WHEREAS, the City of Pasco owns and operates an Irrigation Water Utility that is separate from the Drinking Water Utility; and WHEREAS, the FCS Group developed and presented a revenue requirement analysis for the City’s Irrigation Water Utility; and WHEREAS, a maximum, one-time, connection fee was calculated for new users connecting to the utility; and WHEREAS, City Council determined existing rates were insufficient to meet the revenue requirements associated with the utility for its proper maintenance and operation to continue to provide adequate service to all ratepayers for the utility. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Section 3.35.220 entitled “Irrigation water utility” of the Pasco Municipal Code is hereby amended and shall read as follows: 3.35.220 Irrigation water utility. Irrigation water service; monthly rate, during irrigation season: Fee/Charge Reference 201825 201926 202027 202128 202229 2030 Base rate, per unit, for single-family residential properties $28.12 $37.27 $28.96 $43.88 $29.83 $51.67 $30.73 $53.22 $31.65 $54.82 $56.46 13.85.200( 1)(a) Base rate, per unit, for non single-family residential property $28.12 $37.27 $28.96 $43.88 $29.83 $51.67 $30.73 $53.22 $31.65 $54.82 $56.46 13.85.200( 1)(b) Per irrigation unit $8.79 $11.64 $9.05 $13.71 $9.32 $16.14 $9.60 $16.63 $9.89 $17.13 $17.64 13.85.200( 1)(c) Per irrigated acre (public parks, playgrounds and open spaces) $81.99 $108.66 $84.45 $127.95 $86.98 $150.66 $89.59 $155.18 $92.28 $159.83 $164.63 13.85.200( 1)(d) Unauthorized turn-on (any repair cost additional) $51.50 $59.70 $53.05 $61.49 $54.64 $63.33 $56.28 $65.23 $57.96 $67.19 $69.21 13.61.090 13.85.100 Page 377 of 473 Ordinance – Amending PMC 3.35.220 and 3.65.150; and Creating PMC 13.85.095 - 2 Irrigation water service; monthly rate, during irrigation season: Fee/Charge Reference 201825 201926 202027 202128 202229 2030 Disconnect/connect service due to violation $51.50 $59.70 $53.05 $61.49 $54.64 $63.33 $56.28 $65.23 $57.96 $67.19 $69.21 13.85.110 Annual system availability fee $90.64 $105.08 $93.36 $108.23 $96.16 $111.48 $99.04 $114.82 $102.02 $118.27 $121.82 13.85.060 Connection Fee (Per Unit) $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 13.85.095 [Ord. 4369, 2017; Ord. 4323, 2016; Ord. 3961, 2010; Ord. 3679, 2004; Ord. 3665, 2004; Ord. 3610, 2003; Code 1970 § 3.07.210.] Section 2. That Section 3.65.150 entitled “Senior discount” of the Pasco Municipal Code is hereby amended and shall read as follows: 3.65.150 Senior discount. (1) Dwelling units qualifying as set forth below shall be charged a monthly rate equal to one-third of the otherwise applicable rate for the minimum monthly water, irrigation water, utility and sewer rates. All consumption shall be charged at the regular rate. To qualify, each dwelling unit where a person residing therein shall show satisfactory proof under oath in writing to the Director the following: (a) That he or she is 62 years of age or older; (b) That he or she is a single occupant of or the head of a household all of whose members have a combined annual income from all sources that is not greater than the United States Federal Poverty Level. Such poverty level shall be determined by the “very low-income limits” and updated annually by the Director; (c) The person must be the customer of the water and irrigation water service and must be directly responsible for the payment of the water utility bill; (d) The person must have resided at such place for a period of not less than 90 consecutive days prior to the effective date of the rate set forth below and must intend to remain at such place; (e) The person must state under oath that he or she will inform the City in writing if there is any change in their or the household’s status as it relates to the requirements set forth above. (2) The Director may require the person demonstrating satisfactory proof for a household that qualifies for the rates set forth in this section to make an updated Page 378 of 473 Ordinance – Amending PMC 3.35.220 and 3.65.150; and Creating PMC 13.85.095 - 3 application at any time. “Head of the household” means the person owning or having control of the dwelling unit. In the case of a husband and wife, either person shall be considered the “head of the household.” [Code 1970 § 3.200.150.] Section 3. That a new Section 13.85.095 entitled “Connection fee” of the Pasco Municipal Code shall be and hereby is created and shall read as follows: 13.85.095 Connection Fee. At the time of application for the connection to the public Irrigation Water Utility, a connection fee, as set forth in Section 3.35.220 PMC, shall be paid to the City. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 6. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 379 of 473 AGENDA REPORT FOR: City Council December 6, 2024 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 3/17/25 FROM: Richa Sigdel, Deputy City Manager Community & Economic Development SUBJECT: Transportation Impact Fee Study - Fehr & Peers (15 minute staff presenation) I. ATTACHMENT(S): Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation III. FISCAL IMPACT: Not Applicable IV. HISTORY AND FACTS BRIEF: The purpose of the study is to assess the financial impact of new developments on City of Pasco’s (City's) transportation infrastructure. Transportation Impact Fees (TIF) ensure that new growth funds its share of transportation facilities adequate to serve new growth and development and avoid degradation in level of service to all residents. The City has recently tried supplement the shortcomings of the current and inadequate TIF ordinance by relying on proportionate shares to fund critical transportation projects through SEPA which has proven to be an unreliable and sometime inconsistent approach. This study is part of a long-term strategy to create a more sustainable growth model for the City’s transportation network. The City's current TIF applies to all development west of 20th Avenue. This fee was implemented in March, 2005 and then updated in February, 2009. The impact fee has not been updated since 2009, creating challenges for the City to fund the construction of adequate transportation infrastructure, and assure new growth is adequately mitigating its impacts. Since its inception, the City has collected close to $6 million in traffic impact fees. Page 380 of 473 Current Traffic Impact Fees Residential developments $709.00 Multifamily units $435.00 Commercial $43.00 per daily vehicle trip The Traffic Impact Fee Study is being conducted by Fehr & Peers. Efforts began in November, 2022 and stalled in November, 2023. The effort is being restarted now with the aim of completing the study and adopting recommendations by March, 2025. Below are some key tasks that need to be completed in this effort. 1. Review and update transportation project list - Derived from Transportation Improvement Plan (TIP) and Capital Improvement Plan (CIP) that has been created over six public outreaches and Council review and approval. 2. Confirm growth estimates - Update the commercial and industrial growth estimates that was done in 2022-2023 timeline. 3. Determine share of trips attributable to growth and further to specific TIF districts. 4. Calculate TIF rate and update fee schedule 5. Outreach - Two (2) meetings with Developers, one (1) meeting with public at-large, and two (2) in-person Council meeting updates. Staff received Council guidance and approval on this proposed path forward. Staff has developed a potential project list based on the approved Transportation System Master Plan, Transportation Improvement Plan, and Capital Improvement Plan. Fehr & Peers has provided further review and input on the list. V. DISCUSSION: This is a check in prior to presentation of the final TIF proposal. Kendra Breiland, Principal at Fehr & Peers, the consultant for this effort will be presenting additional information on how Transportation Impact Fee are developed, legal requirements, benefits and drawback, as well as an update on the efforts of Fehr & Peers and City staff. Page 381 of 473 March 17, 2025 City of Pasco Transportation Impact Fee Pa g e 3 8 2 o f 4 7 3 What are Transportation Impact Fees? One-time charges paid by new development Authorized by 1990 GMA as funding source for transportation improvements Funds improvements that are needed to serve, are reasonably related to, and reasonably benefit new development Can only be used to fund facilities that serve new growth, not make up for system deficiencies Pa g e 3 8 3 o f 4 7 3 What are Transportation Impact Fees? Collected fees must be used within 10 years of receipt, absent “extraordinary and compelling reasons” Must be spent on “public facilities” projects in capital facilities element of Comprehensive Plan Some communities have begun funding more complete streets projects with impact fees“Public facilities” = streets, roads, and bike / ped facilities designed for multimodal commuting Pa g e 3 8 4 o f 4 7 3 Transportation System Master Plan (TSMP) What it is: The TSMP is a long-range plan that outlines the vision, goals, and strategies for the city’s transportation network, including roads, transit, bike lanes, and pedestrian pathways. The TSMP is not included in the Capital Facilities Element. Why it matters: TSMP helps ensure that City transportation system supports economic development, improves safety, and enhances mobility for all residents. TSMP is used to generate 6-year TIP project list. It also aligns with regional and state transportation plans. Key focus: Long-term planning horizon, but not fiscally constrained. Pa g e 3 8 5 o f 4 7 3 Comprehensive Plan Update (Capital Facilities Element) What it is: The Capital Facilities Element is an element within the City’s Comprehensive Plan, which is a long-range planning document required by Washington state’s Growth Management Act (GMA). This element specifically addresses the city’s existing and future capital facilities, such as public buildings, utilities, parks, and transportation infrastructure. Why it matters: It ensures the city has adequate facilities to serve its growing population. It identifies current capacity, future needs, and funding strategies for maintaining and expanding facilities. Key focus: Review proposed projects, assess alignment with community goals, and ensure the plan balances growth with fiscal responsibility. Pa g e 3 8 6 o f 4 7 3 Transportation Impact Fee Project List What it is: These projects must be included within the Capital Facilities Element. It identifies specific transportation projects, i.e., “system improvements,” funded by impact fees. Why it matters: It ensures that growth pays for itself by funding necessary improvements to mitigate the impact of new development on roads and transit. Key focus: Impact fee projects should address the City’s most critical needs and help ensure that fees are allocated fairly and transparently. Pa g e 3 8 7 o f 4 7 3 Transportation Improvement Plan (TIP) What it is: The TIP is a short- to medium-term plan that prioritizes and schedules transportation projects for funding and implementation. It typically covers a 6-year period and is updated regularly. The Capital Facilities Element adopts and incorporates the TIP by reference. Why it matters: It ensures that transportation projects are coordinated, funded, and implemented in a timely manner to meet the city’s needs. Key focus: Ensure the TIP aligns with the Comp Plan, and addresses immediate concerns such as safety, maintenance, and congestion relief. It sometimes includes grant-funded or maintenance projects. Pa g e 3 8 8 o f 4 7 3 How do impact fees help bring consistency & order to the development process? City is working to mitigate transportation impacts while permitting land use projects. Challenges include: Many infill projects do not contribute to offsite mitigation, which results in cumulative shortfall Impact fee program applies to all development Current structure requires extensive analysis and weighing impacts against nexus & proportionality on project-by- project basis Impact fee programs help establish the nexus & proportionality in advance, streamlining analysis One-off analysis being done for every project, may result in mitigations that don’t align with other city plans Impact fee programs minimize “one-off” analysis, and fund council-approved project list Drawn out process/negotiation, which often requires outside expertise Impact fees significantly reduce need for negotiation So-called “fair share” calculations do not provide full project funding Impact fees can be spent on any project on the list Pa g e 3 8 9 o f 4 7 3 How could impact fees help address Pasco’s challenges? Impact fees can help fill that gap Impact fees transparently have “growth pay for growth” Impact fees help reduce time and ensure mitigations are funded, which results in savings for the City, the developer, and the community! Gap in funding for infrastructure needed to accommodate growth Perception is that City is allowing for development without adequate traffic mitigation Current process can take a long time, which is costly for both the City and the developer. If impacts are not mitigated, that’s costly for the community. Pa g e 3 9 0 o f 4 7 3 List of Projects Capacity Projects Portion Due to New Growth Cost Allocated to Impact Fees Eligible Cost Growth in Trips Cost Per Trip allocated to Impact fees Non-Capacity Projects (maintenance/safety- only) Portion Due to Existing Deficiency Cost Paid by City or Others TIF Project list identified from adopted TIP. Projects evaluated for impact fee eligibility. Non-capacity investments/ maintenance/ improvements removed From remaining projects, projects or portions of project addressing existing deficiency and non city growth eliminated. Remaining eligible program cost divided by Pasco’s expected growth in PM peak hour trips for next 20 years. State’s Required Methodology Development of Fee Schedule for Land Uses Development of fee schedule to associate trip rate to individual land uses. Pa g e 3 9 1 o f 4 7 3 TIF Rates in Washington In 2024 MRSC compared TIF rates of 74 cities and 5 counties in Washinton State •Citywide rates ranged from $907 - $15,427 per PM Peak Hour Trip •Average Rate was $5,717 Neighboring City Programs •Richland –$1,816 - $4,952 per PM Peak Hour Trip •Kennewick –$434 - $1,692 per PM Peak Hour Trip •West Richland – $1,935 per PM Peak Hour Trip Pa g e 3 9 2 o f 4 7 3 Pasco’s Current TIF Program Established by Ordinance 3719 in 2005 Updated by Ordinance 3905 in 2009 PMC Chapter 3.40 & 3.35.230 Development Type Fee Residential Development (Single Family Detached)$709.00/unit Multifamily $435.00/unit Commercial $43.00/daily vehicle trip Pa g e 3 9 3 o f 4 7 3 Preliminary TIF Project List Chosen from the 2025-2030 Transportation Improvement Plan (TIP) TIP ID Project Name 4 Rd 40 E Extension 6 Burns Rd Extension 16 Road 76 Overpass 17 Sandifur Pkwy/Rd 76 21 Burden Blvd/Rd 60 22 Burden Rd/Madison Ave 23 Burden Rd/Rd 44 27 Lewis St/Heritage Blvd 29 Rainier Ave/Kartchner St 30 Sandifur Pkwy/Rd 84 33 Rd 76 Improvements 34 Sandifur Pkwy/Convention Dr 35 Argent Rd Widening (Phase 4) 37 Rd 100 Widening 38 Court Street/Road 60 41 Burns Rd Extension to Glade Road 42 Harris Rd/Crescent Rd Overpass 43 I-182/Broadmoor Blvd I/C Pa g e 3 9 4 o f 4 7 3 Eligible Impact Fee Cost Calculation Project Cost* 1- Existing Deficiency Percentage Percentage of Growth within City Impact Fee Eligible Cost To ensure that impact fees have a strong nexus with development projects, the City may establish multiple geographic service areas for the updated TIF program. *Project Cost can include consideration for other potential or anticipated funding sources. Pa g e 3 9 5 o f 4 7 3 Eligible Impact Fee Cost Calculation : Burden & Madison Ave Intersection Improvements Project Cost ($2.17M) 1- Existing Deficiency Percentage (30%) Percentage of Growth within City (81%) Impact Fee Eligible Cost ($527K) Pa g e 3 9 6 o f 4 7 3 Pasco TIF Update Schedule Milestones Develop Prelim TIF Project List January Council Workshops February- March TIF Analysis February Council Meeting March 17 Draft Rate Calculation March-April Council Meeting April Outreach April Finalize Report May Council for Approval June Pasco TIF Update Schedule Milestones - 2025 Pa g e 3 9 7 o f 4 7 3 PROGRAM CONSIDERATIONS Pasco •High-levels of growth & recent annexations of areas like North Pasco, which have significant infrastructure needs. WA State •2023 Legislative cycle resulted in three new laws that (1) require more multimodal planning, (2) impact fee programs to recognize the lesser impacts of smaller housing types, (3) and expanded projects that can funded by impact fees to include trails. National •Sheetz v. County of Eldorado brought attention to impact fees. It emphasized the benefit to fully document a clear nexus between the rate charged and individual developments' impacts, encouraging many communities to consider TIF districts. •Uncertainty in future of available Federal Grants for funding transportation projects CONTEXT FOR PASCO’S TIF PROGRAM Pa g e 3 9 8 o f 4 7 3 TIF Districts TIF districts is a defined subarea of the city that is assessed a specific impact based on the estimated growth of a subarea and the impact of that growth on the TIF project list. •Clarification: Growth within a district can and usually has impact on projects outside of district boundary because people typically travel across district boundaries. District boundaries should be logical considering:•The relative impact of estimated growth in regions of the city •The location of district boundaries at separating features such as divided highways, railroads, topographic features, and/or land use and zoning classifications to minimize “edge issues” (such as developments near each other having different rates without a reason) TIF districts are most applicable for larger and less uniform/homogeneous cities like Pasco. Richland and Kennewick have implemented districts into their TIF program. Pa g e 3 9 9 o f 4 7 3 Examples of Districting Kennewick $1,692 $1,108 $1,267 $434 Zone 1 Zone 2 Zone 3 Zone 4 Cost Per Trip Pa g e 4 0 0 o f 4 7 3 Examples of Districting Richland $2,647 $2,453 $4,952 $1,816 Zone 1 Zone 2 Zone 3 Zone 4 Cost Per Trip Pa g e 4 0 1 o f 4 7 3 Potential Approaches for Districting in Pasco One Citywide Program Pros: Simplest program, rates would be uniform across city avoiding “edge” issues Cons: Does not reflect differential impact of developments in newer areas. North Pasco Carve Out Pros: Relatively simple program (only two zones), reflects the higher impacts of developments in North Pasco Cons: Potential edge issues discouraging development in North Pasco Multi-Zone System Pros: Can be set to reflect development’s impacts at more precise level throughout Pasco Cons: More complex program (multiple zones); more potential edge issues as rates vary across the city Pa g e 4 0 2 o f 4 7 3 Updating The TIF Program The TIF can be updated to: •Add eligible projects •Remove projects •Adjust TIF rates •Adjust TIF rate tables •Adjust TIF rates by an escalation rate Pa g e 4 0 3 o f 4 7 3 The TIF Program and the Development Review Process TIAs still need to happen While Pasco will still require TIAs, the threshold for when developments are required to complete a TIA would be changed. Reduced scope of analysis Impact fees mean that development’s contribution to TIF projects is known. Analysis can be focused on other facilities not covered by TIF program. More expedited process Fewer and more focused TIAs speed up the process and free up staff time. Pa g e 4 0 4 o f 4 7 3 AGENDA REPORT FOR: City Council March 11, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 3/17/25 FROM: Sara Matzen, Human Resources Director Human Resources SUBJECT: City Manager Recruitment (3 minute staff presentation) I. ATTACHMENT(S): GMP Consultants (Greg Prothman) Proposal Prothman (Sonja Prothman) Proposal Tripepi Smith Talent Solutions (TSTS) Proposal Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The City of Pasco completed a Request for Proposals (RFP) in February 2023 for executive recruitment firms to provide services for various leadership and hard-to-fill roles within the City. Three firms were selected - GMP Consulting, Prothman Company, and TS Talent Solutions - each has been used recently by the City, including: GMP Consultants 1. Deputy Community & Economic Development Director (2024) 2. City Manager (2022) Prothman Company 1. Public Works Director (2024) 2. Human Resources Director (2023) TS Talent Solutions 1. IT Director (2024) Page 405 of 473 2. Community & Economic Development Director (2023) The City Manager position became vacant in February 2025. To ensure continuity of leadership, the Council engaged GMP Consultants to provide interim city management services, allowing time for the City Council recruit and select a permanent City Manager. The first step in the process is the selection of a qualified executive recruitment firm to assist the City Council in this process by conducting a thorough recruitment and selection process. Consistent with City Council direction at their March 3 meeting, staff reached out to the identified recruitment firms to solicit proposals for the City Manager search effort, their proposals are included in the packet for Council’s review. V. DISCUSSION: As the City Manager is the employee of the City Council, the search for a manager is different than any other recruitment and selection process conducted by the City, this search is led by the City Council with the assistance of the Human Resources department and the selected search firm. In selecting a firm to conduct a recruitment process of this import to the City, there are several factors beyond proposed schedule and cost that Council may wish to consider in determining the right fit for this effort: 1. Familiarity with the community, local region, state allows for greater understanding by the firm of the general issues facing a community. 2. Level of familiarity with and activity by the firm within the likely recruitment area provides the consultant insight into prospective candidates and comparable agencies, and the pulse of the professional cohort operating within the recruitment area. 3. Inventory of successful recent and current searches of a similar nature, provides the firm the knowledge of the pool of qualified candidates that are actively looking for an opportunity of this nature, as well as the suitability of the candidate for this opportunity. This knowledge allows more opportunity for direct recruitment rather than relying on responses to advertisements. 4. The recruitment team proposed by the firm and their experience in the factors above directly correlates to what the team brings to the table for a search. As discussed during the March 3 meeting, the process of selecting a search firm can have its own impact on the time it will take to ultimately bring on a new City Manager. Going forward in the process Council has a few of options: Make a selection this evening based on the materials submitted and Page 406 of 473 move the search forward. Schedule one, two, or all of the firms to provide a presentation and then select a firm. Solicit additional proposals. As indicated above, City staff has worked with all three of the firms and all meet the minimum requirements for this effort. Staff respectfully requests that the City Council provide direction on how they wish to proceed in selecting a search consult. Page 407 of 473 City Manager Recruitment Proposal F O R T H E C I T Y O F P A S C O M A R C H 2 0 2 5 PRESENTED BY Greg M. Prothman President, GMP Consultants GMP CONSUL TA NTS Greg@gmphr.com (206) 714-9499 www.gmphr.com Page 408 of 473 ____________________________________________________ 206 714 9499 • 7041 Cascade Ave SE Snoqualmie, WA 98065 • greg@gmphr.com March 7, 2025 Mr. Pete Serrano Mayor City of Pasco 525 N 3rd Ave Pasco, WA 99301 Dear Mayor Serrano, Thank you for the opportunity to provide a proposal to assist the City of Pasco with the recruitment of its next City Manager. GMP is well positioned to partner with the City as we are currently conducting 7 city manager/administrator recruitments and have recently completed five management searches: • City of Lakewood, WA – City Manager (in progress) • City of Centerville, MN – City Administrator (in progress) • City of Kenmore, WA - City Manager (in progress) • City of Medina, WA – City Manager (in progress) • City of La Grande, OR - City Manager (in progress) • Franklin County, WA – County Administrator (in progress) • City of North Bend, WA – City Administrator (in progress) • City of SeaTac, WA – City Manager (just completed) • City of Moses Lake, WA – city Manager (just completed) • City of North Plains, OR – City Manager (just completed) • Crook County, OR - County Manager (just completed) • City of North Branch, MN – City Administrator (just completed) These and other recently completed searches provide us with a competitive advantage resulting in an excellent knowledge of both Washington and national city management candidates. Your lead recruiters will be GMP’s President Greg Prothman and Senior Consultant Dave Zabell. Greg is the former City of Des Moines city manager and has conducted over 70 city management recruitments. Dave is currently serving as your interim city manager for Pasco and brings over 30 years of senior city management experience as well as conducting numerous city management and department director recruitments for GMP. Having conducted 750 total recruitments including over 150 city/county manager recruitments, we believe GMP's proven process provides a best practices approach to attracting high-quality candidates and ensuring a good fit for your organization. We have earned a reputation for providing superior service and building lasting relationships with both clients and candidates. Sincerely, Greg Prothman President Page 409 of 473 City Manager Search Proposal Page | 2 ABOUT GMP CONSULTANTS GMP Consultants is a public sector executive search firm with a collective 235 years of local government leadership experience with both regional and national relationships. GMP Consultants offer our clients experienced subject matter experts with a solid understanding of local government coupled with decades of experience. We have served in a wide range of executive positions, from city and county management to public works, management information systems, and finance. Our Qualifications Founded and led by Greg M. Prothman, formerly the CEO of Prothman, GMP consultants have worked on over 600 executives searches and over 80 public sector consulting projects. All our senior search consultants are active in both ICMA and local state level city management associations or in their respective professional associations. Our Philosophy Our business philosophy centers on the understanding that this is a “people” related industry. We have a reputation for providing superior service and building lasting relationships with both clients and candidates. We believe that attention to others’ needs is the key to effective customer service. Why Choose GMP? What you get with GMP Consultants is personal service. You appreciate it when phone calls are returned, projects stay on schedule and your challenges are given thorough and creative thinking. While other companies may assign your business to lesser experienced staff, we offer exceptional service from senior- level consultants • Service & Relationship - Our consultants have a reputation for providing outstanding service and building lasting relationships with both clients and candidates. • Customized Solutions - We take the time to become familiar with your organization to ensure that we offer the best solution and not just a single service. • People First - We work closely with you and your candidates through every stage of the recruitment process, creating a welcoming candidate experience and ensuring an effective recruitment outcome. • Team Approach – With 11 former city managers our consulting group works as a team to leverage their networks to assist with each assignment and give your challenges thorough and creative thinking. GMP Consultants Mission: To provide exceptional executive search, interim placements, and organizational consulting services partnering with our clients to provide the highest quality services to their residents. Page 410 of 473 City Manager Search Proposal Page | 3 PROJECT TEAM MEMBERS Greg M. Prothman – President & Co Lead Consultant Greg offers a unique combination of 20+ years of experience in various functions of government and 25 years of experience in public sector recruitment. Prior to forming GMP Consulting, Greg founded and was the driving force at Prothman Company as its CEO. Prior he was a partner at Waldron & Company. Early in his career Greg served as a police officer for the University of Washington and the City of Renton. He left police work after completing his Master’s degree in Public Administration and accepted an administrative position for the City of Des Moines, WA. He was quickly promoted to Assistant City Manager and then City Manager. A Seattle native, Greg completed his BA at Western Washington University and his Master of Public Administration (MPA) degree from the University of Washington. Additionally, he completed the Senior Executives in State and Local Government program at Harvard University. Greg is a volunteer member of Seattle Mountain Rescue and a member of Crystal Mountain Ski Patrol. Dave Zabell – Co Lead Senior Consultant Dave is the recently retired city manager with the city of Pasco WA (pop. 80,000). During Dave’s career he has served as city administrator for the City of Marysville, Public Works Director for the City of Bothell, City Manager for the City of Fife and as the Assistant City Manager for the City of Yakima. Dave is a member of the Washington City Managers Association as well as the International City Managers Association and has served as an Executive Committee Member for the Washington Cities Insurance Authority. Dave is recognized as an experienced and innovative municipal manager who understands the critical components of superior service delivery for local government. Dave also brings expertise in public works having served as public works director for the cities of Marysville and Bothell, WA. Dave holds a Master of Public Administration from the University of Washington and a Bachelor of Science in Public Administration from Upper Iowa University. Kate Hansen – Operations Manager (and Project Manager for this recruitment) Kate is a certified Project Management Professional (PMP) with a background in business, nonprofit, and fire administration. She has served as a Public Records Officer as well as a political campaign manager, and brings a distinguishing blend of attention to detail, creativity, and critical thinking. Kate holds a B.A. in Theatre from Chapman University with an emphasis on stage management. Sarah Marsh – Content Designer Sarah brings a background across nonprofit, business, government, and education sectors. She holds an M.B.A in Organizational Behavior & Development from the University of Vermont. She also publishes in the field of American History and is the author of two award-winning children's books with Disney-Hyperion and Little, Brown. Sarah has a heart for researching and highlighting what makes a community and organization special. Brenda Gabbitas - Candidate Manager Brenda has over a decade of experience working with many communities around the globe in both public and private sectors. She leans on her experiences to build lasting relationships with everyone she works with while delivering unparalleled levels of service. Brenda holds a Bachelor's of Education in Early Childhood Development from Utah Valley University. Jessica Newman - Candidate Manager Having worked within the U.S. and internationally, Jessica brings a wide cultural perspective and strong communication skills to her work with both clients and associates. While using her background in graphic design and social media marketing to apply skills such as creative thinking, problem solving, and attention to detail across all projects. Jessica has a Bachelor's Degree in Linguistics from Bringham Young University. Page 411 of 473 City Manager Search Proposal Page | 4 WORKPLAN & APPROACH GMP Consultants have conducted hundreds of successful executive searches refining our process along the way. We provide the workplan, but you are in charge, we customize every recruitment to meet your needs. We partner with you with the goal of finding a highly qualified candidate who is the perfect "fit" for your organization. INFORMATION GATHERING & RECRUITMENT PROFILE DEVELOPMENT Review and Finalize Search Process and Schedule We'll meet with the City Council and staff to review: • Review and modify as needed the project scope of work and process • Establish a project schedule • Identify the geographic scope of the recruitment • Review the compensation package • Identify key stakeholders • Review the job description • Review and discuss any additional issues as needed Profile Research and Stakeholder meetings Our goal is to thoroughly understand your organization, current challenges, timeline, and preferred qualifications for this recruitment. We would like to meet with: • City Council Members • Leadership Team • Board and Committee Chairs • Municipal Partners • Business Leaders • Leading Citizens • Others as Directed • Review All Relevant Documents Develop, Review, and Approve a Detailed Recruitment Profile & Invitation We'll create a detailed recruitment profile highlighting the strengths of your job opportunity. If requested, we will assist in reviewing the position compensation and will make recommendations that are consistent with comparable agencies and the market. Examples of prior recruitment profiles are included in this proposal and typically feature the following: • Why Apply? • Community Profile • Quality of Life Opportunities • The Organization, Department, & Position • The Ideal Candidate • Challenges & Opportunities • Compensation & Benefits • Your Social Media (if applicable) STRATEGIC MARKETING Our goal is to not only reach candidates who are actively looking for a new job but those directors who are happy in their current assignment but who could be intrigued and interested in your opening. We research and develop a personalized national advertising strategy designed to reach all potential qualified candidates for your City. The Advertising Strategy is comprised of four components: • Targeted National Advertisement • Mailed “Invitation to Apply” Flyers • Personal Calls by Lead Consultants • Emails to potential Candidates Targeted Advertisement - We develop a custom national advertisement plan highlighting the City and the City Manager opening including placing ads in websites and job boards. Potential adds include: Page 412 of 473 City Manager Search Proposal Page | 6 • Intl. City Managers Association (ICMA) • Washington Association of Cities • Oregon League of Cities • Oregon City Managers Association • Western Cites (Cal Cities) • California City Management Foundation • Colorado City Managers Association • Utah City Managers • Texas City Managers Association • Colorado City Managers Association • Association of Oregon Counties • Municipal Management Association of Northern California • Municipal Management Association of Southern California • Local Government Hispanic Network • United Latino Job Bank.com • Hispanic Jobs.com • Careers in Government – Hispanic Jobs • Government Jobs • Careers in Government • GMP LinkedIn Page • GMP Job Board Development of Candidate Database for Direct Mail Invitations - We create a customized Invitation to Apply flyer (examples are included) and then develop a database of potential city manager candidates. We will mail approximately 700 to 900 letters of invitation to city managers/administrators in the 14 western United States including Texas and southern California. Personal Emails - We will send emails to over 3000+ city managers & administrators nationwide. Personal Calls by our Lead Consultants – We will reach out to potential candidates who might be a good fit or who are looking for their next challenge. We will also reach out to our personal knowledge of city managers to make them aware of your opportunity. CANDIDATE EVALUATION & PRESENTATION Candidate Application Materials • Application - Candidates are asked to submit a cover letter, application, resume, answers to supplemental questions (designed to measure writing and thinking skills) and five professional references of peers, subordinates and supervisors. • Communication – We provide you with a summary of the advertising strategy, number of applications, and number of candidates we selected for a preliminary interview. • Review of Applications (if requested) - Occasionally some clients wish to review all the application materials prior to our selection of candidates for a preliminary interview. We are happy to facilitate this if desired. Preliminary Candidate Interviews – Once a candidate has indicated an interest in the position, we complete a multi-step screening: • Review - Evaluate all candidate application materials • Select - Identify the most promising candidates for a preliminary interview • Internet Research - Conduct an in-depth internet inquiry on each candidate to identify any concerning issues to be reviewed with the candidate • Interview – Your lead consultant conducts an in-depth preliminary interview with the most promising candidates • Summarize – Provide a written summary of our observations of each candidate’s strengths, weaknesses and potential fit with your agency • Recommend – Provide recommendations on each candidate for further consideration Page 413 of 473 City Manager Search Proposal Page | 6 Work Session - We meet with you to review the results of the preliminary interviews. Our goal is to provide as much information on each of the most promising candidates, providing you with the needed data to make quality decisions on each applicant. • Deliverables - Prior to the meeting, we provide with sufficient time to review: o Candidate Packets that include their cover letter, resume, supplemental questions, our consultant’s interview notes, and internet search results o Candidate Summary Sheet with a snapshot of each candidate and consultant’s recommendations o (If requested) A complete file of remaining candidates’ application materials • Candidate Review - We review and discuss each candidate’s materials and interview results with you • Finalist Candidate Selection - You select those candidates to move forward for a final interview • Final Interview Design - We help you decide on the structure of the interviews, including the panel participants and facilitators, tailoring our process to fit your needs • Coordinate Candidate Travel - We identify which candidate travel expenses you wish to cover • Interview Questions – Identify any interview topic areas of interest from which we can develop potential interview questions FINAL INTERVIEWS & CANDIDATE SELECTION Prior to the final Interviews we: • Conduct Reference Checks - We conduct professional reference checks on each candidate, requesting the names of supervisors, subordinates, and peers • Conduct Background Checks - Background checks include Education Verification, Criminal History, Driving Record, and Sex Offender Check • Facilitate Candidate Travel – Based on your guidance we coordinate the most cost-effective travel arrangements and ensure the candidate has information regarding their interviews and times. • Develop a Master Interview Schedule – We work with you to identify interview venues and then develop a master interview schedule • Develop Draft Interview Questions – Provide draft interview questions for your review for each advisory panel (if used) • Provide Final Interview Materials – Provide finalist packets for each candidate in a PDF file for printing by your agency as well as the master schedule • Coordinate Final Interviews – We will work hand-in-hand with your team to coordinate all of the details of conducting the final interviews Final Interviews • Facilitate Final Interviews – Your lead-consultant will be on site to facilitate the final interview process • Facilitate Panel Debrief - After interviews are complete, we facilitate a debrief with all advisory panels on each candidate’s strengths and areas needing support as information for your hiring authority • Candidate Evaluation – As needed, we facilitate your evaluation of the candidates and potential consensus on a preferred candidate, including any additional candidate referencing or research Candidate Selection & Appointment - Once you have identified a preferred candidate, we: • Facilitate and identify potential contract elements with you • Assist with the job offer and contract negotiations leading to an employment agreement • Notify all of the unsuccessful finalists • Celebrate the selection of your new City Manager! Page 414 of 473 City Manager Search Proposal Page | 7 RECRUITMENT SCHEDULE EXAMPLE Recruitments take approximately 90 days to complete. Kickoff Meeting City & GMP: Meet to discuss timeline & search process Profile Development Week 1-2 GMP: Meet with key stakeholders & create position profile Advertising Weeks 3 - 7 GMP: Post online ads; send direct mailing First Review Week 8 -9 GMP: Conduct preliminary interviews with most promising candidates Work Session Week 10 GMP & City: Meet to review semifinalists and choose finalist candidates Final Interview Preparation Week 11-12 GMP: Conduct background & reference checks, complete final Interviews schedule, coordinate travel with candidates Final Interviews Week 12 City: Hosts finalist interviews City: Makes hiring selection PROFESSIONAL REFERENCES City of Mountlake Terrace, WA Kyoko Matsumoto Wright, Mayor kmatsumotowright@mltwa.gov 425 9671948 City Manager Assistant City Manager Public Works Director Gunnison County, CO Matthew Birnie, County Manager MBirnie@gunnisoncounty.org 970-641-3061 County Manager Assistant county manager City of Olympia, WA Jay Burney, City Manager jburney@ci.olympia.wa.us 360 753 8447 Fire Chief Recruitment Public Works Recruitment Human Resource Recruitment City of Belgrade, MT Neil Cardwell, City Manager ncardwell@cityofbelgrade.net 406-388-3760 City Manager (2) Assistant City Manager Human Resource Director PROFESSIONAL FEE The fee for conducting a City Manager recruitment is $22,500. The professional fee covers all consultant and staff time required to conduct the recruitment. Professional fees are billed in three equal installments: at the beginning, halfway, and upon completion of the final interviews. The City will be responsible for reimbursing expenses incurred on the City’s behalf. Expenses include: • Websites, job boards and other advertising (approx. $1,400 - 1,900 est.) • Direct mail announcements (approx. $1,300 - $1,900 est.) • Consultant travel: Mileage at IRS rate and $65 per hour, plus hotel for overnight accommodation • Background checks (approx. $225 per candidate) The City has the right to cancel the search at any time. The City’s only responsibility would be the fees and expenses incurred prior to cancellation. Page 415 of 473 City Manager Search Proposal Page | 8 GUARANTEE & WARRANTY Should the selected candidate leave the employment of the City within the first 18 months of appointment, we will conduct one additional recruitment for the cost of expenses only, if requested to do so within six months of the employee’s departure. If the major elements of the process are followed and a candidate is not chosen, we will repeat the recruitment once with no additional professional fee, the only cost to you would be the expenses. CITY/COUNTY CAO SEARCHES CONDUCTED AND MANAGED BY GMP CONSULTANTS In Progress City of Lakewood, WA City Manager (in progress) City of Centerville, MN City Administrator (in progress) City of Kenmore, WA City Manager (in progress) City of Medina, WA City Manager (in progress) City of La Grande, OR City Manager (in progress) Franklin County, WA County Administrator (in progress) City of North Bend, WA City Administrator (in progress) Recently Completed City of Moses Lake, WA City Manager (just finished) City of SeaTac, WA City Manager (just finished) City of North Plains, OR City Manager (just finished) Crook County, OR County Manager (just finished) City of Medina, MN City Administrator (just finished) Greys Harbor County, WA County Administrator City of North Branch, MN City Administrator City of Moad, UT City Manager Completed in the last 24 Months City of Kennewick, WA City Manager City of Brainard, MN City Administrator City of Lacey, WA City Manager City of Sammamish, WA City Manager City of Tumwater, WA City Administrator City of Canby, OR City Administrator City of Oak Park Heights, MN City Administrator City of Cottage Grove, OR City Manager City of Mountlake Terrace, WA City Manager City of Livingston, MT City Manager All Management Recruitments City & Borough of Sitka, AK Municipal Administrator City & Borough of Wrangell, AK Borough Manager City & County of Broomfield, CO Deputy City and County Manager City of Astoria, OR City Manager (2) City of Arlington, WA City Administrator City of Bainbridge Island, WA City Administrator City of Bandon, OR City Manager City of Battle Ground, WA City Manager (2) City of Belgrade, MT City Manager (2) City of Bingen, WA City Administrator City of Bothell, WA Deputy City Manager Assistant City Manager City of Burns, OR City Manager City of Canby, OR City Administrator City of Carnation, WA City Manager (2) City of Casper, WY City Manager City of Chehalis, WA City Manager (2) City of Chelan, WA City Administrator (3) City of Clyde Hill, WA City Administrator City of Coburg, OR City Administrator City of College Place, WA City Administrator Page 416 of 473 City Manager Search Proposal Page | 9 City of Colorado Springs, CO Assistant City Manager City of Connell, WA City Administrator (2) City of Coquille, OR City Manager City of Covington, WA City Manager City of Damascus, OR City Manager City of Drain, OR City Administrator City of DuPont, WA City Administrator City of Duvall, WA City Administrator City of Edgewood, WA City Manager (2) City of Ellensburg, WA City Manager City of Emeryville, CA City Manager City of Fife, WA City Manager City of Fircrest, WA City Manager (2) Town of Friday Harbor City Administrator City of Gig Harbor, WA City Administrator City of Gillette, WY City Administrator City of Gladstone, OR City Administrator City of Hailey, ID City Administrator City of Hermiston, OR City Manager City of Hood River, OR City Manager City of Issaquah, WA City Administrator Deputy City Administrator City of Kelso, WA City Manager City of Kenmore, WA City Manager (2) City of Ketchum, ID City Administrator City of Lacey, WA City Manager (2) City of Lake Forest Park, WA City Administrator (3) City of Lake Oswego, OR City Manager City of Lake Stevens, WA City Administrator City of Lakewood, WA City Manager Assistant City Manager City of Leavenworth, WA City Administrator (2) City of Lebanon, OR City Manager City of Lewiston, ID City Manager City of Lincoln City, OR City Manager City of Livingston, MT City Manager City of Longview, WA City Manager City of Louisville, CO City Manager City of Lynden, WA City Administrator City of McMinnville, OR City Manager City of Mill Creek, WA City Manager City of Milwaukie, OR City Manager City of Newcastle, WA City Manager (2) City of Minot, ND City Manager City of McMinnville, OR City Manager City of Monroe, WA City Administrator City of Moses Lake, WA City Manager (2) City of Mountlake Terrace, WA City Manager (3) City of Mt. Angel, OR City Manager City of Mukilteo, WA City Administrator Management Services Director City of Newcastle, WA City Manager (2) City of Normandy Park, WA City Manager City of Ontario, OR City Manager City of Othello, WA City Administrator City of Pasco, WA City Manager (2) Deputy City Manager City of Polson, MT City Manager City of Port Angeles, WA City Manager City of Port Townsend, WA City Manager City of Post Falls, ID City Administrator City of Prosser, WA City Administrator City of Puyallup, WA City Manager City of Rawlins, WY City Manager City of Renton, WA Chief Administrative Officer City of Ridgefield, WA City Manager City of Riverton, WY City Administrator City of Sammamish, WA City Manager (2) City of Scappoose, OR City Manager City of Shelton, WA City Administrator City of Sheridan, WY City Administrator City of Shoreline, WA City Manager (2) Page 417 of 473 City Manager Search Proposal Page | 10 Deputy City Manager City of South Lake Tahoe, CA City Manager City of Spearfish, SD City Administrator City of Spokane Valley, WA City Manager Deputy City Manager City of Stanwood, WA City Administrator City of Stevenson, WA City Administrator City of Sultan, WA City Administrator City of Sun Valley, ID City Administrator City of Sunnyside, WA City Manager City of Thorne Bay, AK City Administrator City of Toledo, OR City Manager City of Troutdale, OR City Manager City of Tumwater City Administrator City of Umatilla, OR City Manager City of Vancouver, WA Assistant City Manager City of Waldport, OR City Manager City of Walla Walla, WA City Manager City of West Linn, OR City Manager City of White Salmon, WA City Administrator City of Whitefish, MT City Manager City of Wood Village, OR City Manager City of Woodburn, OR City Administrator City of Woodinville, WA City Manager City of Woodland, WA City Administrator City of Yachats, OR City Manager City of Yakima, WA City Manager Assistant City Manager City of Yelm, WA City Administrator Blaine County, ID County Administrator Clackamas County, OR County Administrator Clatsop County, OR County Manager (2) County of Los Alamos, NM County Administrator Curry County, OR County Administrator Deschutes County, OR Fair & Expo Director County Administrator Eagle County, CO County Manager Franklin County, WA County Administrator Gunnison County, CO County Manager Assistant County Manager Hood River County, OR County Administrator Island County, WA County Administrator Inyo County, CA Assistant/Deputy County Administrator County Administrative Officer Jefferson County, WA Central Services Director Lane County, OR County Administrator Lewis County, WA County Manager Mason County, WA County Administrator Mono County, CA County Administrative Officer Assistant County Administrative Officer San Juan County, WA County Manager Snohomish County, WA Executive Director (2) Summit County, UT County Manager Thurston County, WA Assistant Chief Administrative Officer Town of Friday Harbor, WA Town Administrator Town of West Yellowstone, MT Town Manager (2) WORK SAMPLES: POSITION PROFILE AND INVITATION TO APPLY LETTER (Attached). Additional samples available at gmphr.com. Copyright © 2023 by GMP Consultants, . All rights reserved. Page 418 of 473 C I T Y M A N A G E R C I T Y O F K E N N E W I C K , W A This is a unique opportunity to join a community that has been recognized for its affordable housing, quality of schools, healthy economy, and low cost of living. The largest of Eastern Washington’s Tri-Cities, Kennewick lies in the heart of Washington wine country and offers a variety of sports and recreational activities, entertainment, and the region’s retail hub. The City is well-managed and has an experienced team of department directors. The next City Manager will have the opportunity to lead a service-oriented organization and work with the City Council on the next phase of growth. W h y A p p l y ? Page 419 of 473 POSITION | City of XXXXX 2 W e l c o m e t oKENNEWIC K Kennewick is a vibrant city of 86,470 located in southeastern Washington along the banks of the Columbia River, about 3.5 hours from Seattle and Portland. The city is known for its affordability, relaxed-living vibe, historic downtown and waterfront district, and 300 days of sunshine each year. Kennewick residents appreciate their city's small-town feel, abundant opportunities for outdoor recreation, and quick access and relatively little traffic to the neighboring cities. The historic downtown is home to an eclectic mix of over 140 businesses: art galleries and antique stores, diners and brewpubs, boutiques and hardware stores — including many third-generation family businesses. In 2021, this area was designated a Washington State Creative District in recognition of Kennewick's vibrant and diverse artistic community. Public art pieces range from murals and sculptures to art-wrapped utility boxes. The City of Kennewick takes pride in the park and recreational facilities available for residents and visitors. There are 34 maintained public parks and facilities spread throughout the city totaling 855 acres, including 400 acres of green space. Because Kennewick is located alongside the junction of the Columbia, Snake, and Yakima rivers, there are ample opportunities for boating, paddle boarding, kayaking, jet skiing, or just strolling along the river. Kennewick is part of the fast-growing Tri-Cities region — the fourth largest metropolitan area in the state. The region is home to a U.S. Department of Energy national laboratory, high-tech manufacturing firms, environmental and engineering companies, national food growers and processors, and three colleges. Additionally, the agricultural region around the Tri-Cities has grown into a premier wine destination. With over 200 wineries in a 50-mile radius, the region has been compared to Bordeaux, France, attracting both tourism and international acclaim. The Tri-Cities airport serves the area with daily flights by major airlines. 1CITY MANAGER | City of Kennewick, WA Page 420 of 473 POSITION | City of XXXXX 2 Incorporated in 1904, the City of Kennewick operates under a Council-Manager form of government. The City serves a population of 86,470 with a 2023 budget of $200 million and 418 authorized FTEs. Departments include Community Planning, City Attorney, Finance, Management Services, Fire, Police, Public Works, and Parks, Recreation, & Facilities. The Council is comprised of seven council members, one of whom is appointed by its members to serve as Mayor for two years. Though Chair of the Council and the presiding member at weekly Council meetings, the Mayor has an equal vote with other Council members. Council members are elected by the citizens of Kennewick to serve a four-year term. Senior staff enjoy a positive and supportive relationship with a high level of trust and excitement about the organization’s shared vision and values. A strong culture of teamwork is evident in the collaboration amongst City Departments—and with regional partners — and is viewed as essential to the City’s long-term success. Employees are recognized as the City’s most valuable asset, rewarded for their performance, and are provided with opportunities that will help them progress in their professional careers. Staff are respected and trusted to make decisions and implement the results. T H E C I T Y O F K E N N E W I C K 2CITY MANAGER | City of Kennewick, WA F U L L -T I M E E M P L O Y E E S 4 1 8 2 0 2 3 B U D G E T $2 0 0 m i l l i o n A R E A 2 9 s q u a r e m i l e s P O P U L A T I O N 8 6 ,4 7 0 Page 421 of 473 POSITION | City of XXXXX 2 here View job description 3CITY MANAGER | City of Kennewick, WA T H E I D E A L C A N D I D A T E An experienced professional with at least 5 years of experience as a city manager. Strong understanding of municipal financial policies and budget preparation. Effective communication skills that include transparency, listening, and responsiveness. A team player who brings a collaborative approach internally and externally to the City. Outstanding ability to develop partnerships regionally, locally, and with the state. Considerable experience with economic development. Excellent at fostering positive working relations with the City Council collectively and individually to move the City forward. Overall leadership qualities that enhance management skills. E D U C A T I O N & E X P E R I E N C E This position requires a bachelor's degree in public administration or a closely related field and seven or more years of progressively responsible experience in the policy and financial planning and analysis for a municipality including three or more years of supervisory experience over professional level staff, or any combination of relevant education and experience sufficient to demonstrate the knowledge, skills and abilities to perform the job. T H E C I T Y M A N A G E R Under the general direction of the City Council, the City Manager provides leadership and direction to the establishment of broad organizational goals and objectives and formulation of plans, policies and programs to attain those goals and objectives.The City Manager directs the activities of senior level managers responsible for multi-divisional departments and coordinates their activities to ensure the needs of the community are served. Page 422 of 473 The planning for the next City biennial budget will begin early 2024 and the City Council desires a more transparent process. Additional resources are needed to meet the next phase of City growth. A priority economic development project is expansion of the convention center with an adjacent hotel and mixed-use development. Develop a master plan for a civic center (which includes replacing City Hall and a recreation center) with financing options and a project development schedule. Implementation of the Parks & Recreation Comp Plan, Fire Department Standard of Cover, Economic Development Strategic Plan, and the IT Strategic Plan for the City as well as many other Council and departmental priorities. Develop financing, funding, and plan to address critical Infrastructure needs for the wastewater system, deferred maintenance of parks and recreation facilities, and streets. Fill key management positions including the Finance Director and Deputy City Manager. 10ray@gmphr.com / (831) 236-8961 Apply Online: gmphr.com First Review: December 31, 2023 More Info: Ray Corpuz, GMP Consultants T O A P P L Y C O M P E N S A T I O N & B E N E F I T S The City of Kennewick is offering an annual salary range of $200,000 to $265,000 for this position, dependent upon experience and qualifications, along with a comprehensive benefits package. O P P O R T U N I T I E S & C H A L L E N G E S R E S O U R C E S Visit Tri-Cities City of Kennewick City Biennial Budget 2023-2024 Comprehensive Plan 2021-2041 Page 423 of 473 Dear Colleague, GMP Consultants is assisting the City of Sammamish, WA in finding a City Manager. Perhaps this is the right time in your career to consider this exciting opportunity. If not, would you please pass this on to other chief administrative officers who may be interested? Thank you for your consideration and assistance. Greg M. Prothman, GMP Consultants 206-714-9499 C I T Y M A N A G E R C i t y o f S a m m a m i s h , W A Page 424 of 473 The City of Sammamish, WA is seeking an inspiring City Manager to lead this vibrant community 20 minutes east of Seattle. Sammamish is a family friendly city of 66,000, known for offering suburban living amid natural beauty with easy access to big city amenities. This is a unique opportunity to make a difference in a highly desirable community with a new, inclusive, and aligned city council that is committed to providing a high-quality environment. Incorporated in 1999, the City of Sammamish operates as a non-charter optional code city with a Council– Manager form of government. Operating on a biennial 2021-2022 budget of $276 million with a team of 139 FTE's, the City of Sammamish provides a full range of municipal services and contracts for police, fire, water, and sewer services. THE CITY OF SAMMAMISH A bachelor’s degree from an accredited college or university in Business Administration, Public Administration or a closely related field. Advanced degree preferred. 7+ years progressively responsible management experience. Any combination of education and experience providing the knowledge skills, and abilities necessary for successful performance is qualifying. The City of Sammamish is committed to fostering diversity, equity, inclusion, and belonging in its workforce and community and reviews all candidates holistically. The City of Sammamish is seeking an effective leader as their next City Manager to work in partnership with Council to bring the organization into a period of stability. The ideal candidate will be a creative problem solver who is comfortable advising the Council with well-supported professional recommendations. This person will be experienced in city management and demonstrate emotional intelligence, empathy, and excellent communication skills. Guided by moral and ethical leadership, they will be an effective and approachable leader who inspires staff to reach their best potential. The ideal candidate will bring to the position solid administrative skills as well as experience in providing services by contract. THE IDEAL CITY MANAGER L E A R N M O R E More Info: gmphr.com First Review: September 11, 2022 Contact: Andrew Neiditz, GMP Consultants aneiditz@gmphr.com / 253-732-8081 Page 425 of 473 Leadership is Key to the Sustainability of Any Organization Character, integrity, and the commitment of a leader inspires those in the workplace to go the extra mile and can greatly influence the team’s success in achieving its objectives. Finding great leaders is what we do! Proposal for City Manager Recruitment Services Executive Recruitment Interim Staffing. Application Software. Job Board. Page 426 of 473 2 STATEMENT OF QUALIFICATIONS PROTHMAN COMPANY Prothman has successfully led over 1,200 recruitments, helping cities, counties, special districts, nonprofits, and other public sector agencies across the western U.S. find top-tier leadership talent. Our expert consultant team – comprised of former local government leaders – have reviewed over 14,000+ resumes and interviewed over 7,000 semifinalists, ensuring we have the experience to match organizations with the right candidates who not only meet qualifications, but also fit seamlessly into their organization and communities. A Trusted Leader in Public Sector Executive Recruitment: Having served organizations for 23 years, Prothman takes pride in the trust we've built with our diverse range of clients, both large and small, ranging from 1 FTE to 14,000 FTEs (King County, WA); our entire team believes that no job is too big or too small. Driven by our passion for local government, we are always on call and do what we do because we love helping organizations thrive! Council / Board Facilitation Experts: Facilitating councils and boards requires a range of skills to ensure effective discussions, decision-making, and consensus-building. Last year alone, our consultant team successfully managed 26 city manager, executive director, and general manager recruitments, assuring you that they have the needed facilitation experience and skills required for a successful recruitment. No matter what your recruitment challenges are, we have the experience to handle them and a solution that fits. Our Ability to Connect to Potential Candidates is Unmatched: Our outreach strategy is to build relationships with talented individuals and promote your organization as a great place to work. Prothman combines proven recruitment outreach tactics with innovative strategies to find top talent. In addition, our consultants are active and trusted in the city management profession and their network and personal outreach brings in qualified candidates who may not be actively seeking a new job. Every recruitment strategy is customized because every client is unique. Prothman Delivers Outstanding Results: As baby boomers retire and public sector careers receive less attention in schools, the talent landscape is evolving. Yet, with a 97%+ placement and retention rate, we don’t just fill positions – we find the right leaders who thrive in their roles for the long term. A Strong Core Team: For the past 18 years, Prothman has maintained the same dedicated in-house team, providing an unmatched level of expertise and process flow. Led by Sonja Prothman, our tight-knit group brings deep industry knowledge and experience, ensuring consistent, high-quality service for every client we serve. CONTACT INFORMATION CEO: Sonja Prothman sonja@prothman.com 206.368.0050 office 206.605.0415 cell Submittal Date: March 10, 2025 Page 427 of 473 3 STATEMENT OF QUALIFICATIONS - EXPERIENCE 2025 / 2024 Executive Management Recruitments County Administrator - Jefferson County, WA City Administrator - City of Chewelah, WA City Manager - City of Dillingham, AK Executive Director - Synchrous Risk Management, WA Executive Director - Vashon Park District, WA Executive Director - Port of Pasco, WA City Manager - City of Chehalis, WA City Manager - City of Battle Ground, WA Executive Director - Fidalgo Pool & Fitness Center, WA District Manager - Moses Lake Irrigation & Rehabilitation District, WA Executive Director - Spokane Arts, WA Executive Director - Port of Moses Lake, WA City Manager - City of Maupin, OR Chief Executive Officer - Ben Franklin Transit, WA Administrative Services Director - City of Shoreline, WA General Manager - Hartstene Pointe Maintenance Association, WA Executive Director - Port of Olympia, WA City Manager - City of Centralia, WA City Manager - City of Vineyard, UT Jail Administrator - Klickitat County, WA General Manager - Sudden Valley Community Association, WA Chief Executive Director - Kelso-Longview Chamber of Commerce, WA Executive Director - Economic Development Council of Mason County, WA City Manager - City of Milton-Freewater, OR Executive Director - Port of Orcas, WA Executive Director - MACECOM 911, WA City Manager - City of Brookings, OR Current Recruitments County Administrator – Jefferson County, WA City Manager – City of Dillingham, AK Executive Director – Synchrous Risk Management, WA Executive Director – Vashon Park District, WA Juvenile Court Administrator – Benton-Franklin Counties Superior Court, WA City Attorney – City of Port Angeles, WA Planning & Community Development Director – City of Prosser, WA Human Resources Manager – Bainbridge Island Fire Department, WA Director of Public Works & Utilities – City of Bremerton, WA Parks & Recreation Director – City of Post Falls, ID Deputy Police Chief – City of Ocean Shores, WA Parks & Recreation Director – City of Oregon City, OR Human Resources Director – Tillamook County, OR Housing Development Director – Housing Authority of Skagit County, WA Clinical Supervisor – Pend Oreille County, WA Director of Utilities – City of Rio Rancho, NM Public Works Director – City of Clatskanie, OR Budget Manager – Klickitat County, WA Page 428 of 473 4 STATEMENT OF QUALIFICATIONS – REFERENCES / RECRUITMENTS City of Chewelah, WA - City Administrator Contact: Gregory McCunn, Mayor mayor@cityofchewelah.org 509.993.5500 Port of Pasco, WA – Executive Director Contact: Randy Hayden, Outgoing Director – rhayden@portofpasco.org Contact: Adam Lincoln, Director & Prothman Candidate – alincoln@portofpasco.org Ben Franklin Transit, WA – 2024 & 2023 Chief Executive Officer, Chief People Officer, Chief Financial Officer, Senior Manager of Finance, Senior Manager of Operations, Senior Manager of HR and Labor Relations, Senior Manager of Customer Experience, Chief Planning & Development Officer Contact: Jeremy Bishop, General Counsel jbishop@roachlaw.com 509.547.7587 Benton-Franklin Counties Superior Court, WA – Juvenile Court Administrator Contact: Carlee Nave, Human Resources Director, Benton County carlee.nave@co.benton.wa.us 509.440.3787 City of Pasco, WA – Public Works Director, Human Resources Director Contact: Angela Pashon, Assistant City Manager pashona@pasco-wa.gov 509.545.3458 City of Spokane, WA – Human Resources Director Contact: Alexander Scott, Chief of Staff ascott@spokanecity.org 509.625.6774 Port of Moses Lake, WA – Executive Director Contact: Kim DeTrolio, Director of Finance / Interim Executive Director krdetrolio@portofmoseslake.com 509.762.5363 Spokane Arts, WA – Executive Director Contact: Elisabeth Hooker, Board Chair lizh@downtownspokane.org 509.998.4145 Jefferson County, WA – County Administrator (in progress), Central Services Director, Community Development Director, Deputy Prosecuting Attorney Contact: Mark McCauley, County Administrator mmccauley@co.jefferson.wa.us 360.385.9130 Columbia Ability Alliance, (nonprofit) Kennewick, WA – (Sourcing Only): Chief Operating Officer, Chief Financial Officer Contact: Michael Novakovich, CEO & President michaeln@columbiaindustries.com 509.582.4142 Page 429 of 473 5 STATEMENT OF QUALIFICATIONS - PROJECT TEAM Gary Buchanan – Senior Consultant – Project Lead Gary brings 31 years of successful Human Resources leadership experience to the Prothman Team. He recently served five years as the Director of Human Resources for the City of Tacoma, WA, population 212,869, until his retirement. Gary also served 14 years at the Port of Seattle as the Human Resources Director. The Port of Seattle encompasses both the Seattle Seaport and Seattle-Tacoma International Airport. Additionally, Gary served 30 years in the Naval Reserve. His Naval career included three command assignments, and he was deployed twice in support of Operation Iraqi Freedom. Gary received his Bachelor of Science degree from Westminster College, Salt Lake City, UT, and his Naval Science degree from the University of Utah. Executive Management Recruitments Conducted by Gary Buchanan Bainbridge Island Fire Department, Human Resources Manager, in progress City of Post Falls, ID, Parks & Recreation Director, just starting City of Chewelah, City Administrator 2024/2025, just completed Port of Pasco, Executive Director 2024/2025, just completed City of Spokane, HR Director 2024, recently completed Ben Franklin Transit, Chief Executive Officer 2024 City of Pasco, Public Works Director 2024 City of Spokane, City Administrator 2024 Port of Moses Lake, Executive Director 2024 Spokane Arts, Executive Director 2024 City of Pasco, Human Resources Director 2023 Link Transit, General Manager 2023 Skagit Transit, General Manager 2022 Ben Franklin Transit, 2023 - FT Senior Manager of Operations, Senior Manager of HR, Senior Manager of Customer Experience, Chief Planning & Development Officer, Chief People Officer Jared Eckhardt – Project Support Jared is responsible for profile development and candidate outreach. Jared works one-on-one with the client for position profile development and works with Sonja and the lead consultant on each client’s outreach strategies. Jared also functions as recruitment support as a secondary lead consultant on recruitments and special projects. Jared graduated from the University of Washington, earning his BA in Communications. Barry Gaskins – Project Support Barry provides client and candidate management and administrative support to Sonja. His attention to detail and understanding of timeliness to the customer and candidates is remarkable. Barry works with the lead consultant with scheduling interviews, arranging candidate travel, managing candidate application packets, and assembly of candidate information to give to the client. Barry came to us from the Bill & Melinda Gates Foundation where he served as a Program Assistant for four years in the US Library Program. Barry earned his bachelor’s degree from California State University in Los Angeles. Madison Lindquist – Project Support Madison is responsible for Prothman's social media, direct mail outreach, website development and Online Application Service support. Madison works one-on-one with the client to ensure optimal outreach in all available social networking resources and works with clients who choose to use the Online Application Service. Madison also functions as recruitment support. Madison graduated from the University of Washington, earning her BA in Communications. Page 430 of 473 6 AVAILABILITY, COMMUNICATION & PROPOSED SCHEDULE We are ready to start when you are! One of our first tasks will be to coordinate and commit to a schedule. Then, we protect your dates on a master schedule to assure we never miss a commitment. We provide you with our cell phone numbers so that you have direct access to your lead consultant and support staff, and we will communicate and update you as often as you desire. Our recruitments take approximately 10-13 weeks to complete, depending on the scope and direction from the client. You can expect approximately: 2 weeks for stakeholder interviews and profile development and approval, 5-6 weeks for recruitment, 2 weeks for screening and interviewing, and 2-3 weeks for coordinating final interviews. Draft Schedule Blue highlighted / bolded events represent meetings with the client. Date Topic Week of March 17 - 21, 2025 Work contract and schedule. Gather information for position profile. Travel to Pasco for stakeholder interviews. Send profile for review and edits. Get profile approval. March 24, 2025 Post profile on Prothman website April 2, 2025 Send direct mail brochures and first round of emails April 27, 2025 Application closing date Weeks of April 28 & May 5, 2025 Prothman screens applications & interviews top 6 - 12 candidates Week of May 12 - 16, 2025 Travel to Pasco for Work Session to review semifinalists and pick finalists, and design final interviews May 26, 2025 Memorial Day Holiday Week of June 2 - 6, 2025 Travel to Pasco for Final Interview Process, which includes an evening reception and next day interviews Page 431 of 473 7 EXECUTIVE SUMMARY Prothman has been in the business of finding highly qualified candidates for placement in local government organizations of various sizes with varying political ideologies for 23 years. We understand politics, Council and Board dynamics, and community passion, and we are experts in facilitating. We have designed our recruitment process so that all stakeholders are included, listened to, and treated with respect. Our company takes pride in our customer service reputation and we are confident in our ability to recruit experienced and qualified candidates who will be the perfect “fit” for your organization and community and we look forward to performing all services represented in this proposal. SCOPE OF SERVICES Develop a Tailored Recruitment Strategy Project Review The first step will be to: ♦ Send introductory recruitment “kick-off” email ♦ Review the scope of work ♦ Review the project schedule ♦ Review if a salary survey is needed Information Gathering and Research (Soliciting Input) We will travel to Pasco and spend as much time as it takes to learn everything we can about your organization. Our goal is to thoroughly understand the values and culture of your organization, as well as the preferred qualifications and personality you desire in your next City Manager. We will: ♦ Meet with the City Council ♦ Meet with the Assistant City Manager ♦ Meet with the Human Resources Director ♦ Meet with Staff, as directed ♦ Meet with Community and other Stakeholders, as directed ♦ Review all documents related to the position Position Profile Development (Identifying the Ideal Candidate) We will work with you and develop a profile of your ideal candidate. Once the Position Profile is approved by you, it will serve as the foundation for our determination of a candidate’s "fit" within the organization and community. Profiles include the following: ♦ A description of the ideal candidate’s qualifications • Years of related experience • Ideal personality traits ♦ Organization-specific information • Description of the organization, position and key responsibilities • Priorities and challenges facing the organization ♦ Community-specific information ♦ Compensation package details ♦ Information on how to apply Page 432 of 473 8 Identify, Target, and Recruit Viable Candidates Outreach and Advertising Strategy (Locating Qualified Candidates) We recognize that often the best candidates are not actively looking for a new position- this is the person we want to reach and recruit. We have an aggressive recruitment strategy which involves the following: ♦ Print and Internet-based Ads placed regionally and nationally in professional publications, journals, and related websites. ♦ Targeted Direct Mail Recruitment Brochures sent directly to city/county management professionals who are not actively seeking a new position. ♦ Focused Candidate Outreach via personal networking and thousands of personal emails sent directly to city/county management professionals. ♦ Posting the Position Profile on Prothman’s Facebook and LinkedIn pages, and on the Prothman website, which receives over five thousand visits per week from potential candidates. Conduct Preliminary Screening Candidate Screening (Narrowing the Field) Once the application deadline has passed, we will conduct an extensive candidate review designed to gather detailed information on the leading candidates. The screening process has 3 key steps: 1) Application Review: We will screen the candidates for qualifications based on the resumes, applications, and supplemental question responses. After the initial screening, we take the yes’s and maybe's and complete a second screening where we take a much deeper look into the training, work history and qualifications of each candidate. 2) Internet Publication Background Search: We conduct an internet publication search on all semifinalist candidates prior to their interviews. If we find anything out of the ordinary, we discuss this during the initial interview and bring this information to you. 3) Personal Interviews: We will conduct in-depth videoconference or in-person interviews with the top 6 to 12 candidates. During the interviews, we ask technical questions to gauge their competency, and just as importantly, we design our interviews to measure the candidate's fit within your organization. Candidate Presentation (Choosing the Finalists) We will prepare and send to you candidate packets which include each candidate's application materials and the results of the personal interviews and publication search. We will travel to Pasco and advise you of the candidates meeting the qualifications, our knowledge of them, and their strengths and weaknesses relative to fit within your organization. We will give you our recommendations and then work with you to identify the top 2 to 5 candidates to invite to the final interviews. We will discuss the planning and design of the final interview process during this meeting. Page 433 of 473 9 Prepare Materials and Process for Final Interviews Final Interview Process (Selecting the Right Candidate) The design of the final interviews is an integral component towards making sure that all stakeholders have the opportunity to learn as much as possible about each candidate. ♦ Elements of the design process include: • Deciding on the Structure of the Interviews • Deciding on an Evening Reception • Deciding on Candidate Travel Expenses ♦ Background Checks Background checks include the following: • References from current and past employers • Education Verification, Criminal History, Driving Record and Sex Offender Check ♦ Candidate Travel Coordination After you have identified the travel expenses you wish to cover, we work with the candidates to organize the most cost-effective travel arrangements. ♦ Final Interview Packets The Final Interview Packets include sample interview questions and the candidates' application materials and are the tool that keeps the final interview process organized. ♦ Final Interviews with Candidates We will travel to Pasco and facilitate the interviews. The interview process usually begins with a morning briefing where the schedule and process will be discussed with all those involved in the interviews. Each candidate will then go through a series of one-hour interview sessions, with an hour break for lunch. ♦ Candidate Evaluation Session After the interviews are complete, we will facilitate the evaluation process, help the decision makers come to consensus, discuss next steps, and organize any additional candidate referencing or interview sessions if needed. ♦ Facilitate Employment Agreement Once the top candidate has been selected, we offer any assistance needed in developing a letter of offer and negotiating terms of the employment agreement. Warranty Repeat the Recruitment If you follow the major elements of our process and a top candidate is not chosen, we will repeat the recruitment with no additional professional fee, the only cost to you would be for the expenses. Page 434 of 473 10 FEE, EXPENSES & GUARANTEE Professional Fee The fee for conducting a City Manager full recruitment with an 18-month guarantee is $19,500. The professional fee covers all Prothman staff time required to conduct the recruitment. This includes all meetings and correspondence with the client, writing and placing the recruitment ads, development of the candidate profile, creating and processing direct mail letters, creating and coordinating the email campaign, reviewing resumes, coordinating and conducting semifinalist interviews, coordinating and attending finalist interviews, coordinating candidate travel, conducting background checks and professional references on the finalist candidates and all other search related tasks required to successfully complete the recruitment. The professional fee is billed in three equal installments throughout the recruitment, one at the beginning, at the halfway point, and upon completion of the final interviews. Expenses Expenses vary depending on the design and geographical scope of the recruitment. We do not mark up expenses and work diligently to keep expenses at a minimum and keep records of all expenditures. The City of Pasco will be responsible for reimbursing expenses Prothman incurs on your behalf. Expenses include: • Trade journal, LinkedIn, and associated website advertising (approx. $1,500 - $2,200) • Direct mail announcements ($1,900) • Consultant travel: Mileage at IRS rate, travel time at $40 per hour, lodging if required (approx. $250 - $500 per trip) • Final Interview Packets and Shipping, if requested: (approx. $75 - $250) • Background checks performed by Sterling (approx. $190 per candidate) Other Expenses Candidate travel: We cannot approximate candidate travel expenses because they vary depending on the number of candidates, how far the candidates travel, length of stay, if spouses are included, etc. If you wish, we will coordinate and forward to your organization the candidates’ travel receipts for direct reimbursement to the candidates. Cancellation You have the right to cancel the search at any time. Your only obligation would be the fees and expenses incurred prior to cancellation. Equal Opportunity We can assure you that we recognize the importance and wisdom of a diverse rich candidate pool and for every recruitment we conduct, we have made it our mission to reach out to and attract the most qualified and diverse candidate pool as possible for our clients. If we are chosen to be your executive recruiting partner, we will do so with the common goal of finding the agency a diverse and qualified pool of candidates. Guarantee Prothman will guarantee that if the selected finalist is terminated for cause or resigns within 18 months from the employment date, we will conduct one replacement search with no additional professional fee, the only cost to you would be for the expenses. Page 435 of 473 EXAMPLE OF POSITION PROFILE Page 436 of 473 EXECUTIVE DIRECTOR $215,000 - $260,000 DOQ Plus Excellent Benefits Apply by December 8 , 2024 (First Review , O pen U ntil Filled) WASHINGTON Page 437 of 473 P O R T O F P A S C O , W A S H I N G T O N ♦ E X E C U T I V E D I R E C T O R 2 WHY APPLY? Situated between the pris- tine and iconic Columbia and Snake Rivers in south- eastern Washington, the Port of Pasco is located in a vibrant and growing com- munity that enjoys 300 days of sunshine a year. The exceptional climate, com- bined with the area’s inviting waterways, enables residents and visitors alike to enjoy a multitude of outdoor activities from water sports and golf to wine touring and outdoor theater. The Port is highly regarded in the community for its continued economic development work and crit- ical transportation assets. The organization is fi- nancially sound with a dedicated team of employ- ees, and a supportive Port Commission. THE COMMUNITY The Port of Pasco, which encompasses almost all of Franklin County, has seen tremendous growth in the past two decades while maintaining its community focus. In the northern section of the Port District is the city of Connell, which offers small town living with a historical downtown expe- rience. Connell is known as a place where people know their neighbors, and where the whole com- munity comes out to support the local schools & athletic programs. The largest City in the Port Dis- trict is Pasco; a thriving waterfront community of 82,000. Aesthetic and recreational charisma sur- rounded by natural beauty makes this an attractive desert community, rich in agriculture, and a popu- lar recreation destination. The community has put an emphasis on inclusion and enjoys a culturally diverse array of entertainment, food, arts, music, and community events. Franklin County and Pasco have undergone a sig- nificant transformation as one of the fastest grow- ing regions in Washington State between 2016- 2021, ranking 8th in the nation. New industry re- cruited by the Port has fueled part of this popula- tion growth. The accompanying growth in the Tri- Cities metropolitan area has produced significant growth in the retail and tourism industries. Pasco, along with the neighboring cities of Richland and Kennewick, comprise the Tri-Cities metropolitan area. With a population of over 311,000, the Tri- Cities metro is the third largest metro in the state. While the three cities are close neighbors and co- ordinate on multiple municipal services, each has its own distinct character. Pasco is just a few hours’ drive from the major urban centers of Seat- tle, Spokane, and Portland. The Tri-Cities Airport, located in Pasco and operated by the Port, pro- vides direct flights to Seattle, Denver, Salt Lake City, Las Vegas, Los Angeles, Chicago, Minneap- olis, Phoenix, and San Francisco. The Tri-Cities offers breathtaking parks, vibrant downtowns, upscale dining and retail, art galler- ies, antique shops, and a variety of entertainment venues. Residents and visitors enjoy endless rec- reational opportunities, including water sports, fishing, biking, hunting, skiing and more. Golf is one of the most popular sports enjoyed year - round with over ten premier courses. The mas- sive Columbia River features many waterfront parks, trails, and easy river access. The Tri-Cities is a sports minded community, providing many public athletic facilities and is home to two professional sports teams: Tri-City Dust Devils, a professional High A affiliate of the Los Angeles Angels, call Pasco’s GESA Stadium home and the Tri-City Americans WHL Ice Hock- ey, are based in the neighboring city of Kennewick. Pasco has its share of fine sports venues in the mix, boasting an award-winning and state-of-the-art six-field softball complex and a world class, 15-field soccer facility. The region is also home to over 160 wineries and is known as the “Heart of Washington Wine Country,” producing some of the finest wines in the world. Page 438 of 473 P O R T O F P A S C O , W A S H I N G T O N ♦ E X E C U T I V E D I R E C T O R 3 THE PORT With a 2025 operating budget of $20.1 million, a capital budget of $59 million, and total assets of $246 million, the Port of Pasco is a highly stable organization with approximately 43 FTEs. The Port is primarily split into Port Operations and Airport Operations. Both operations are overseen by the 3-member Port Commission and executive staff. Additionally, each operation has its own union- represented maintenance and security personnel. The Port of Pasco is responsible for meeting the essential transportation and economic develop- ment needs within the Port district boundaries in Franklin County, as well as the area served by the Columbia and Snake River corridors, the Tri-Cities Airport, and connecting rail and highway routes. The Port’s primary focus is to enhance regional vitality through the development and maintenance of various real estate, facilities, transportation hubs, and service programs. The Port plays a crucial role as a partner in the regional economic engine, promoting and sustain- ing local economic growth and development in co- operation with other governmental agencies. The Port leases industrial and commercial buildings at 4 different parks, owns and operates the Tri-Cities Airport (3rd largest commercial airport in WA State), owns and operates a general aviation air- field, owns an intermodal terminal and barge slip on the Columbia River, maintains multiple shared- use rail spurs, and engages in land development to attract new large industry to the Port district. The Port of Pasco plays a central role in sustain- ing local economic development and actively col- laborates closely with other government agencies to serve the community effectively. THE POSITION The Executive Director is selected by and reports to the Port of Pasco Board of Commissioners. The person in this role serves as the chief execu- tive officer of the Port of Pasco and is responsible for all Port activities. The primary function of this role is to ensure that the Port operates in an ethi- cal, efficient manner with financial stability to achieve the Port's goals. As the top leadership position within the Port, the Executive Director provides management direction to department directors, lead staff members, and general staff. Additionally, the Executive Director is responsible for fostering strong communication and collabora- tion with other economic, transportation, and governmental agencies within the region. To understand the full responsibilities of this posi- tion, please view the job description found here. Page 439 of 473 P O R T O F P A S C O , W A S H I N G T O N ♦ E X E C U T I V E D I R E C T O R 4 CURRENT PRIORITIES • The Tri-Cities Airport operated by the Port is the third largest commercial airport in Washington State with 10 non-stop destinations. The Port is beginning a 10-year, $100M+ project to expand the terminal to meet the demand of growing pas- senger numbers and flights. • To diversify the economy, the Port has vi- sioned, and master planned a 500-acre aerospace innovation and manufacturing center at the airport. Realizing the vision will require extensive public involvement, large state and federal funding, heavy business recruitment, and close regional partnerships. • Darigold is anchoring the Port’s 300-acre Reimann Industrial Center with a nearly $1B milk processing facility scheduled to open in Q1 2025. There is heavy interest in the remaining 150-acres at Reimann for additional industrial users. The Port, along with our community partners, installed and upgraded infrastructure to the site. Rail will be installed next year. • The City of Connell, located in the northern part of the Port District, lost a major industry when Lamb Weston announced the closure of the Con- nell plant. The Port is heavily engaged in seeking new industry and to replace the jobs, tax base, and utility fees formerly provided by Lamb Weston. • Increasing the Port’s land inventory for new in- dustry is a critical need for continued economic success in the Port district. Challenges to securing new land include rising land prices, rising costs to extend infrastructure, and finding suitable industri- al locations. The Port is financially stable and has an Economic Development Opportunity Fund of $12M for a new land purchase or other large eco- nomic effort. • The Port has taken a community leadership role in the development of an Ag Innovation Cen- ter and Ag Symbiosis Park. Both efforts are in the feasibility stage and will require strong leadership to advance to real projects. • The Port has two Columbia River waterfront properties planned for mixed-use development, the 60-acre Osprey Pointe and the 50-acre Wharf. Osprey Pointe is under a Master Development Agreement with the first project planning to break ground in early 2025. Coordination between the developer and the City of Pasco will be key to this project’s success. The Wharf is a partial brown- field site that will need significant investment and private partnership to move forward. A unique fea- ture of this site is a historic wood wharf that could be a central feature of a redeveloped site but re- quires costly rehabilitation work. IDEAL CANDIDATE Minimum Education and Experience: • A combination of education and/or experience that includes financial management, business ad- ministration, and organizational leadership suffi- cient to demonstrate the skills necessary to per- form the duties and responsibilities of the position of Executive Director. • A valid Washington State Driver's License, or ability to obtain one within 30 days of employment. • Must meet the minimum Motor Vehicle Stand- ards of Port’s auto insurance carrier, be bondable and insurable, and pass a pre-employment drug screen test and medical examination. Preferred Education and Experience: • A Bachelor’s Degree in Public Administration, Business, Finance, Engineering, or an equiva- lent/related field, OR a minimum of five (5) years of industry experience in Economic Development, Transportation, Finance or Public Sector Leader- ship. • Five (5) years of experience at a director or manager level, and five (5) years of human capital management experience. • Thorough knowledge of port operations, real estate and property management principles, eco- nomic development concepts, and budgeting and strategic planning principles. • Experience and knowledge of working with an elected board. • Experience with labor contracts negotiation, airport operations, and environmental compliance. • Compliance experience for public records, open public meetings, public works projects, and federal grants. Page 440 of 473 P O R T O F P A S C O , W A S H I N G T O N ♦ E X E C U T I V E D I R E C T O R 5 © 2024 Prothman. All Rights Reserved. Necessary Knowledge, Skills, and Abilities: • Excellent oral and written communication skills, including strong interpersonal skills and the ability to work effectively with others, accept supervision, and take technical guidance as needed. • The ability to interpret policy-level direction into actionable activities. • The ability to prioritize projects and tasks effi- ciently, work independently, and meet deadlines. • Demonstrated tact, initiative, and prudence when interacting with staff, tenants, and the public. • Consistent attendance and punctuality at the office or other designated locations. • Strong analytical skills, including the ability to read, analyze, and interpret complex documents and respond effectively to sensitive inquiries or complaints. • Proficient in making effective speeches and presentations on a wide range of topics, including complex and controversial subjects, for Commis- sioners, management, government groups, public forums, boards, and decision-makers. • Skilled in problem-solving, including the ability to define problems, collect data, establish facts, and draw valid conclusions. • Demonstrated initiative, imagination, and crea- tivity for developing new and improved programs. • A willingness to address unique challenges and solve unusual problems, being innovative and open to new concepts and ideas. • The ideal candidate is self-assured, capable, mature, and willing to accept responsibility. • Decisive in critical operational areas of the Port. • Affable and understanding of client concerns, while practicing and encouraging fair and firm en- forcement of Port rules and regulations. COMPENSATION & BENEFITS ➢ $215,000 - $260,000 DOQ ➢ 100% Employer paid Medical (Asuris or Kaiser), Dental (Willamette or Delta), and Vision (VSP) for the employee and dependents provided through the AWC Employee Benefits Trust. ➢ Employee long-term disability and life insur- ance provided through the AWC Employee Benefits Trust. ➢ HRA VERDE for health expense reimburse- ment. ➢ Participation in the Washington State Depart- ment of Retirement Systems, PERS as deter- mined by employee eligibility. ➢ Optional benefits include up to 4% match for the Deferred Compensation Program as pro- vided by the Washington State Department of Retirement Systems - based on the employ- ee’s contribution, FSA, and supplemental in- surance. ➢ 27 Days of PTO per year. ➢ 40 hours of frontloaded PTO. ➢ 12 Paid Holidays per year. ➢ Vehicle stipend of $500 per month. ➢ Housing/relocation expenses negotiable. ➢ A minimal work-from-home/hybrid schedule is available; however, this role primarily takes place in person out of the Port/Airport offices. The Port of Pasco is an Equal Opportunity Employer. All qualified candidates are strongly encouraged to apply by December 8, 2024 (first review, open until filled). Applications, resumes, cover letters, and supplemental questions will only be accepted electronically. To apply online, go to www.prothman.com and click on "Open Recruitments", select “Port of Pasco, WA – Executive Director”, and click “Apply Online”, or click here. Resumes, cover letters and supplemental questions can be uploaded once you have logged in. www.prothman.com 206.368.0050 For more information on the Port of Pasco and their extensive operations, please visit: www.portofpasco.org Page 441 of 473 EXAMPLE OF INVITE LETTER Page 442 of 473 Dear Colleague, Prothman is currently recruiting for the City Administrator position for the City of Chewelah, Washington. We invite you to review the position details on the back page. If you find that this position is not right for you, we kindly ask you please pass this on to other professionals you know who may be ready for this next step in their career. Thank you for your consideration and help! CITY ADMINISTRATOR $114,000 - $140,000 DOQ Plus excellent benefits. Apply by: December 15, 2024 (Open Until Filled) Apply at www.prothman.com Page 443 of 473 CITY OF CHEWELAH, WASHINGTON ♦ CITY ADMINISTRATOR THE COMMUNITY Chewelah, Washington, is a charming, rural city nestled in the heart of Stevens County, known for its scenic beauty, abundant recreational opportunities, and welcoming small-town atmos- phere. Located less than an hour north of Spo- kane, Washington, Chewelah offers a relaxed pace of life surrounded by stunning mountains, lush forests, and the winding Colville River. With a population of around 2,700, the community’s rich history is rooted in logging, mining, and agricul- ture, which still contribute to the local economy alongside growing sectors such as healthcare, ed- ucation, and tourism. The area is an ideal destination for outdoor enthu- siasts year-round. Ten miles up the mountain, 49° North Mountain Resort attracts visitors for skiing and snowboarding in winter, as well as mountain biking and hiking in the summer. Within the city, residents and visitors enjoy a 27-hole golf course, parks, and trails, making Chewelah a recreation hub in every season. Local events bring people to- gether to celebrate arts, music, and crafts, rein- forcing Chewelah’s reputation as a culturally vi- brant and close-knit community. Chewelah is uniquely structured with two non-con- tiguous city areas. Chewelah South, the original town site, serves as the city’s main commercial and employment hub. About 3.5 miles to the north, Chewelah North is centered around the Chewelah Golf and Country Club and the Municipal Airport, creating a unique blend of rural and recreational spaces. Chewelah’s layout and location at a major crossroads provide convenient access to the larger Spokane area, while still preserving its small-town charm and strong sense of community. THE CITY The City operates under a Mayor-Council form of government. Under the leadership of the City Ad- ministrator, who reports directly to an elected Mayor and a seven-member City Council who are elected to four-year staggered terms, Chewelah provides essential services through a dedicated team of around 28 employees. City departments include Airport, Building, Electric, Fire, Parks & Recreation, Planning, Police, and Public Works. Chewelah’s general fund balance stands at $2,647,182, and the city has seen steady growth over the last decade. Approximately 75% of the city’s workforce is represented by organized labor, fostering strong community ties within the work- force. In addition to essential services such as electricity, water, sewer, police, and solid waste management, the City of Chewelah prioritizes public engagement and maintains a responsive city administration. THE POSITION Working under the direct supervision of the Mayor, the City Administrator exercises supervision over all municipal employees either directly or through subordinate supervisors. The City Administrator is responsible for the management and supervision of all departments, agencies, and officers of the city to achieve goals within available resources. This po- sition provides leadership and direction in the de- velopment of short and long-range plans, gathers, interprets, and prepares data for studies, reports and recommendations, and coordinates depart- ment activities with other departments and agen- cies as needed. The City is seeking an innovative executive leader with strong leadership, communi- cation, and interpersonal skills with the desire and ability to interact with the City’s Staff, Mayor, Coun- cil and community citizens. © 2024 Prothman. All Rights Reserved. Follow us on Facebook & LinkedIn to actively see new opportunities! To review the full position profile and benefits package, and to learn more about Prothman, please visit: www.prothman.com. Page 444 of 473 Proposal submitted for: City of Pasco Executive Recruitment: City Manager Submitted: March 10, 2025 By: Ryder Todd Smith, President Christine Martin, Executive Recruiter Kylie Sun, Senior Recruitment Coordinator Page 445 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 2 TABLE OF CONTENTS COVER LETTER ....................................................................................................... 3 BACKGROUND AND QUALIFICATIONS ............................................................... 4 EXPERIENCE ........................................................................................................... 6 PROJECT TEAM ...................................................................................................... 9 METHODOLOGY AND APPROACH .................................................................... 12 PRICE PROPOSAL ................................................................................................. 15 REFERENCES ........................................................................................................ 18 Page 446 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 3 COVER LETTER Dear Sara, Thank you for the opportunity to once again propose our executive recruitment services to the City of Pasco. We are honored to have successfully placed two executives within your organization and take pride in delivering boutique-level recruitment solutions tailored to your needs. We look forward to the opportunity to partner with Pasco again. This proposal outlines our strategic approach to the City Manager recruitment process and highlights how our expertise can best serve the City. We are excited about the prospect of contributing to Pasco’s continued success. Tripepi Smith is a force multiplier for communication operations for over 200 public agencies across the West Coast. We leverage our team's network, knowledge and talents to make our firm a valuable provider of executive recruitment services via TS Talent Solutions (TSTS). Executive Recruiter Christine Martin leads our executive searches with over 20 years of local government experience. As a retired Assistant City Manager, Christine has extensive experience leading executive teams and promoting collaboration. She understands the importance of selecting the right team member for the team's overall effectiveness. The Tripepi Smith team offers unrivaled design skills, content creation abilities, local government familiarity and connections to help drive awareness and interest in the positions we recruit for. The depth and breadth of our experience with public agencies, built through years of client service, positions our firm to find excellent talent throughout the West Coast and beyond. Here are a few reasons to select TSTS: 1. Tripepi Smith knows people, and people know us. Tripepi Smith is widely connected in the local government world. Through our partnerships with the largest local government associations and over 200+ local government agencies, we have a vast network of professionals to tap into. 2. Tripepi Smith understands marketing. We value carefully crafted language and quality visuals to attract the right applicants. Paired with the strategic knowledge and expertise of Christine Martin, we work with our clients to identify the right skill set and personality for the position, compile those requirements into a compelling recruitment package and ensure that the position is presented to the most qualified candidates. 3. TS Talent Solutions is a good fiscal option. While our team has a great deal of talent and experience, the TS Talent Solutions division of Tripepi Smith is an aggressive upstart and offers our boutique services at a price below other firms. Thank you for considering us for this important endeavor. We look forward to the opportunity to collaborate once again with the Pasco team—this time to identify the right City Manager. We welcome the chance to discuss our proposal in greater detail and explore how we can best support your needs. Authorization As co-founder and president of Tripepi Smith and TS Talent Solutions, I am qualified to enter into agreements with the City of Pasco. This proposal is valid for 60 days from the date of submission. Ryder Todd Smith Co-Founder & President, Tripepi Smith Talent Solutions Ryder@TripepiSmith.com • (626) 536-2173 • P.O. Box 52152, Irvine, CA 92619 Page 447 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 4 BACKGROUND AND QUALIFICATIONS A Public Affairs Firm That Understands Talent Tripepi Smith Talent Solutions is a staffing firm under the umbrella of Tripepi Smith and Associates, Inc., a marketing and public affairs firm. The firm dedicated itself to solving communication challenges within the local government world since its inception in 2002. It was a natural progression to move into recruitment and talent solutions. Tripepi Smith has worked with more than 200 agencies, including hundreds of city managers, department leaders and other executive staff. We know what, and who, makes an effective government leader, and we use that experience to attract, evaluate and retain high-quality talent for TSTS clients. With a skilled team of writers, graphic artists and project managers, we are able to provide whatever level of support our clients need — from an attractive brochure design to full-blown culture curation and recruitment support from beginning to end. Launching TS Talent Solutions Through our work at Tripepi Smith, our team developed a savvy understanding of the major operations of each department within city and county governments while simultaneously expanding a network of relationships and platforms that inextricably connect us to the local government community. Thus, TS Talent Solutions was born. Our Network Tripepi Smith is a household name among California's local government agencies. We attend conferences held by some of the largest local government associations, including the International City/County Management Association, California Special Districts Association, Municipal Management Association of Northern (and Southern) California, and League of California Cities. We’ve been supporting these organizations for more than 20 years and have boots-on-the-ground experience networking at these events, which often are a hub for job-seekers in California. Page 448 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 5 Creative Tripepi Smith’s creative professionals have worked with public and private clients on imagery, colors and graphic design in an array of projects. Our firm offers creative services that address not only traditional media such as print, websites, logo design and advertising but also non-traditional marketing services, including email campaigns, social media, blogging, SEO (Search Engine Optimization), video production and more. This integrated approach to content development makes the process more efficient and effective for clients. Moreover, they help capture the compelling stories and personalities behind client agencies on their quests to recruit new talent. Content x Distribution = IMPACT Tripepi Smith was born in the digital era and brings significant technical skills to the table. Members of our team carry technical certifications in Hootsuite Social Media Marketing, Facebook Blueprint, Google Advertising, Google Analytics and Twitter Flight School, among others. We take digital communications seriously and recognize how critical it is to not only develop great visuals and messaging, but to ensure the audiences we want to reach actually see that content. Without content distribution, there is no impact. We apply this framework to the work we do at TSTS to broadcast local government positions across the industry landscape. Page 449 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 6 EXPERIENCE Executive Recruitments TS Talent Solutions has a strong track record of delivering effective recruitment solutions for public agencies and we will bring that experience to bear for the City of Pasco. POSITION AGENCY DATE Executive Director Humboldt County Association of Governments Active Finance Director City of Needles Active Assistant City Manager City of Indian Wells February 2025 Finance Director City of Commerce January 2025 Human Resources Director City of Menifee December 2024 General Manager Humboldt Bay Municipal Water District, CA December 2024 Executive Director Redwood Coast Energy Authority, CA October 2024 HR/Risk Manager City of Bell, CA August 2024 IT Director City of Pasco, WA May 2024 City Manager City of Lomita March 2024 Deputy Director of Community Services City of Bell November 2023 Chief Financial Officer City of Menifee October 2023 Community & Economic Development Director City of Pasco, WA July 2023 City Manager City of La Cañada Flintridge May 2023 Community Services Director City of Bell March 2023 Harbor Director City of Morro Bay February 2023 Parks & Recreation Superintendent City of Fairfield January 2023 Finance Director City of American Canyon January 2023 Finance Director City of Fairfield July 2022 DEI Manager City of San Luis Obispo February 2022 Public Works Director City of Manteca February 2022 Budget Officer City of Tracy January 2022 Parks & Recreation Director City of American Canyon January 2022 City Manager City of Tracy December 2021 Fire Chief City of Morro Bay July 2021 Public Works Director City of Morro Bay May 2021 Page 450 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 7 Tripepi Smith Client Roster Outside of our recruitment services, Tripepi Smith has been selected to work with over 200 local government agencies to help with their communications and resident outreach. We can provide you with contacts at any of these clients if desired and are confident you will find them to be quite happy with our services. California City Management Foundation City of Aliso Viejo City of American Canyon City of Azusa City of Bellflower City of Claremont City of Coronado (City of) Culver City City of Cupertino (City of) Daly City City of Danville City of Duarte City of El Cerrito City of Fountain Valley City of Fullerton City of Grover Beach City of Hawaiian Gardens City of Huntington Beach City of Indian Wells City of Industry City of Irvine City of La Cañada Flintridge City of La Palma City of La Puente City of La Verne City of Lake Forest City of Laguna Hills City of Laguna Niguel City of Lancaster City of Livermore City of Lomita City of Lynwood City of Malibu City of Manhattan Beach City of Manteca City of Martinez City of Millbrae City of Morgan Hill City of Morro Bay City of Murrieta City of Napa City of Norwalk City of Orange City of Palm Desert City of Palmdale City of Paramount City of Pismo Beach City of Placentia City of Pomona City of Rancho Palos Verdes City of Rancho Mirage City of Riverbank City of Rolling Hills Estates City of San Luis Obispo City of Santa Ana City of Santa Clarita City of Santa Cruz City of Santa Paula City of Saratoga City of Stanton City of South Gate City of Sunnyvale City of Tracy City of Vallejo City of Vista City of Walnut (City of) Yuba City Fresno County Merced County Orange County Santa Barbara County Town of Windsor CalChoice Energy CCA Clean Energy Alliance California Joint Powers Insurance Authority Citrus Heights Water District Costa Mesa Sanitary District El Toro Water District Independent Cities Finance Authority JPA Inland Empire Utilities Agency League of California Cities Municipal Management Association of Northern California Municipal Management Association of Southern California Orange County City Manager Association San Gabriel Valley City Managers’ Association South Orange County Wastewater Authority Page 451 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 8 Work Samples We encourage you to see all the work we have done for clients at TSTalentSolutions.com. RECRUITMENT BROCHURES JOB PLACEMENTS TSTalentSolutions.com/ Recruitment-Brochure-Samples TSTalentSolutions.com/Placements RECRUITMENT VIDEOS NEWS TSTalentSolutions.com/Recruitment-Videos TSTalentSolutions.com/News Sample Recruitment Brochure TS Talent Solutions developed a 5-page digital recruitment brochure for the La Cañada Flintridge City Manager search. Below is a sample of the first three pages Sample Social Media Graphics Below are sample social media graphics we’ve created for different recruitments. Page 452 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 9 PROJECT TEAM Executive Recruiter Christine Martin will be the lead and face of the recruitment. Christine’s decades of experience as an Assistant City Manager and her approachable personality make her a strong partner for the City of Pasco on this project. Principal Ryder Todd Smith will contribute positioning strategy to broadcast the opportunity, as well as leverage his extensive network and relationships within the local government community. Senior Recruitment Coordinator Kylie Sun will be the main project manager, overseeing all logistics and ensuring the recruitment process stays on track. Assistant Recruitment Coordinator Julia Gale will craft compelling recruitment content and manage position postings to attract an excellent pool of qualified candidates. Dedicated Availability for the City of Pasco The core project team will have dedicated availability to support the engagement, including the capacity to provide support under urgent notice and/or time constraints. Tripepi Smith is a collaborative firm with many skills available. Any Tripepi Smith staff member may be brought onto the engagement to help with our efforts. Additionally, should any key personnel become unavailable during the course of this engagement, Tripepi Smith will quickly substitute with other Tripepi Smith resources who have commensurate experience, knowledge and/or skill sets. Ryder Todd Smith, Principal Role: Strategic Advisor Ryder has a mixed background in the worlds of government relations, technology and marketing. He served as the SVP of Operations and Chief Information Officer for a software-as-a-service startup in the financial services sector. Prior to that, he was the technology manager for a regional staffing firm. Ryder leads Tripepi Smith and is the ultimate project owner on all work handled by the firm. He is the creator of the City Internet Strategies Study, publisher of the Civic Business Journal, publisher of PublicCEO and a frequent speaker on the local government circuit. His insights have been published in Western City and PM magazines. He volunteers his time as vice chair of the Rose Institute of State and Local Government Board of Governors and previously served as a Planning Commission for the City of Tustin. Ryder graduated from Claremont McKenna College with a Bachelor of Arts in Philosophy, Politics, Economics and a dual degree in Economics. Ryder has supported all TSTS recruitments. Christine Martin, Executive Recruiter Role: Lead Recruiter Christine brings over 20 years of public sector experience providing exceptional service to local government. Prior to joining Tripepi Smith, Christine was the Assistant City Manager at the City of Livermore. She worked for Livermore for 21 years, serving in the City Manager’s Office for seven years and as a planner in the Community Development Department for 14 years. Christine is a courageous, solutions-oriented servant leader. She has strong political acumen and a positive, can-do work ethic. In her role as Assistant City Manager, she established and oversaw the city’s communications and emergency management programs, created and implemented the city’s first-ever five-year strategic plan Page 453 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 10 and served as liaison on council subcommittees, including a complex, controversial equity and inclusion subcommittee with elected officials and community members. She was also responsible for the city’s legislative platform and represented the city as a member of the Tri-Valley City Council legislative coalition. Christine built successful relationships in the region and served as chair of the Alameda County City Managers Association. Christine is also a graduate of the ICMA High Performance Leadership Academy where she honed her leadership skills in organizational development and change management, negotiation and collaboration, and effective communication. Christine is the face of all TS Talent Solutions recruitments. As Executive Recruiter, she collaborates closely with each agency to understand their specific needs and develop a candidate profile that aligns with their organizational values. Leveraging her extensive local government connections and the broader Tripepi Smith network, Christine conducts targeted outreach to attract top talent. She manages the entire recruitment process, from screening applicants and facilitating interviews to supporting agencies through the offer and negotiation stages. Christine has supported the following (past and current) executive recruitments: • City of Needles, Finance Director (Active) • Humboldt County Association of Governments, Executive Director (Active) • City of Indian Wells, Assistant City Manager (03/2025) • City of Commerce, Finance Director (01/2025) • City of Menifee, Human Resources Director (12/2024) • Humboldt Bay Municipal Water District, General Manager (01/2025) • Redwood Coast Energy Authority, Executive Director (10/2024) • City of Bell, HR/Risk Manager (08/2024) Kylie Sun, Senior Recruitment Coordinator Role: Project Manager Kylie brings a diverse skillset to the team from her experience in several industries, such as litigation services, academic administration and music marketing. She graduated from Biola University with a Bachelor of Science in Business Administration with a concentration in Business Management. She has a strong background in social media strategy, website development, writing and scheduling and high-volume operations due to her experiences as Administrative Assistant at Biola University, Marketing Intern at Transparent Productions, Social Media Marketing Manager at TSE Worldwide Press and Operations Associate at TSG Reporting. As Senior Recruitment Coordinator, Kylie has played an integral role as TSTS’ lead project manager, overseeing a range of successful recruitments. Kylie has supported the following (past and current) executive recruitments: • City of Needles, Finance Director (Active) • Humboldt County Association of Governments, Executive Director (Active) • City of Indian Wells, Assistant City Manager (03/2025) • City of Commerce, Finance Director (01/2025) • City of Menifee, Human Resources Director (12/2024) • Humboldt Bay Municipal Water District, General Manager (01/2025) • Redwood Coast Energy Authority, Executive Director (10/2024) Page 454 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 11 • City of Bell, HR/Risk Manager (08/2024) • City of Pasco, IT Director (05/2024) • City of Lomita, City Manager (04/2024) • City of Bell, Deputy Director of Community Services (03/2024) • City of Menifee, Chief Financial Officer (10/2023) • City of Pasco, Community & Economic Development Director (07/2023) • City of Bainbridge Island, City Attorney (07/2023) • City of La Cañada Flintridge, City Manager (05/2023) • City of Bell, Community Services Director (03/2023) • City of Morro Bay, Harbor Director (02/2023) • City of Fairfield, Parks & Recreation Superintendent (01/2023) • City of American Canyon, Finance Director (01/2023) • West City Wastewater District, Records Program Coordinator (06/2022) • City of Fairfield, Finance Director (02/2022) • City of San Luis Obispo, Deputy Building Official (11/2021) • City of San Luis Obispo, Diversity, Equity and Inclusion Manager (10/2021) • City of American Canyon, Parks & Recreation Director (10/2021) Julia Gale, Assistant Recruitment Coordinator Role: Client Support As a result-driven professional, Julia Gale is dedicated to driving efficiency and success through her experiences in communications and marketing. She earned a Bachelor of Science in Communications with a minor in Digital Arts from the State University of New York at Oneonta. Julia further developed her skills in email marketing campaigns, detail-oriented writing and research while working for a commercial real estate firm in New York. She built a strong foundation in social media management and general communications through internships with The Metropolitan Golf Association and Fashion in Action. As Assistant Recruitment Coordinator, Julia assists in the development of recruitment marketing materials, conducts research to generate prospective candidates and manages the distribution and promotion of all open positions. Julia has supported the following (past and current) executive recruitments: • City of Needles, Finance Director (Active) • Humboldt County Association of Governments, Executive Director (Active) • City of Indian Wells, Assistant City Manager (03/2025) • City of Commerce, Finance Director (01/2025) Page 455 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 12 METHODOLOGY AND APPROACH The City of Pasco’s Needs The City of Pasco is seeking the assistance of a professional search firm to conduct a recruitment process to fill the City Manager position. The below outlines TS Talent Solutions’ approach to fulfilling the scope of work requested. TS Talent Solutions remains adaptable to managing the recruitment through the City’s preferred method, should it differ from the process we proposed below. Throughout the recruiting process, TS Talent Solutions will provide an every-other-week update to the Council and/or key City staff noting the status of the work, number of candidates and expectations for the next two weeks. Scope of Work – Talent Quest Leveraging best practices in conducting recruitments and selection, we will spearhead the entire recruitment process, with the City Council and staff being as involved or hands-off as they would like. TS Talent Solutions will execute the following steps for the recruitment process: STEP 1: DEVELOP A CANDIDATE PROFILE TS Talent Solutions will meet with the City Council and designated staff to obtain information regarding expectations for the next City Manager and specific issues and opportunities facing the City. We will use this information to determine the desired education, experience and background of the sought-after candidate, and to identify the desired management skills and leadership style. (Optional/Add-On) Based on conversations with the staff, TSTS will provide a recommendation regarding suggested participation from community members and other key stakeholders. If desired, TSTS will execute stakeholder and/or community outreach and engagement to gather feedback on the selection of the new City Manager. Stakeholder engagement options are an additional cost. We will use all gathered information to draft a candidate profile, which will be used as the foundation for marketing materials, candidate screening and evaluation. STEP 2: DEVELOP MARKETING MATERIALS TS Talent Solutions will develop the following marketing materials to support outreach and recruiting efforts: A 4–6-page digital recruitment brochure that provides key City of Pasco metrics, highlights the benefits of working for the City, showcases the unique culture of the Pasco team, provides information about the position, highlights exciting projects happening in the City and provides instructions on how to apply for the position. 5 social media copies and graphics for publishing on Tripepi Smith’s social media channels. Page 456 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 13 Compelling job board language to supplement the digital recruitment brochure. STEP 3: OUTREACH AND RECRUITING Next, TS Talent Solutions will conduct outreach to encourage individuals with superior qualifications to join our pool of candidates. We typically source high-caliber candidates by: Advertising the position to appropriate and diverse professional organizations, membership agencies and publications. Tapping into our uniquely broad, expansive network and toolset. Proactively reaching out to candidates in the marketplace who may not be actively seeking the position. Our search may include national, regional, in-state and local elements, which will be determined at the start of the engagement. STEP 4: EVALUATE AND SCREEN As resumes come in, we will acknowledge, review and evaluate each one. We will filter each applicant resume for conformance to required and desired qualifications, as well as conduct preliminary videoconference interviews with the most-qualified candidates. TS Talent Solutions will present viable candidates to the City Council and provide a candidate materials packet, inclusive of: A list of all applicants A list of viable candidates we recommend move forward to the interview phase Resumes and cover letters of all viable candidates Summary sheets for all viable candidates STEP 5: CONDUCT INTERVIEWS Once the City Council decides who they’d like to interview, TS Talent Solutions will coordinate all logistics of the interview stage, including: Developing recommended questions and rating criteria Providing interview packets for interview panels to have on-hand Coordinating with candidates on availability, scheduling and travel logistics Coordinating with panelists (outside stakeholders, City staff, etc.) on interview logistics Updating applicants of developments Executive Recruiter Christine Martin will help facilitate the interviews. Typically, she will travel on- site for the final round of interviews. Her attendance in-person is dependent on the preferences and needs of the City. Page 457 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 14 STEP 6: NOTIFICATION As we turn the corner on the recruitment, TS Talent Solutions will notify all candidates who were not selected that they are no longer in the running. We will also conduct reference and background checks on the selected candidate prior to consideration of extending an offer of employment. Then, the City Council will make the job offer to its preferred candidate. STEP 7: NEGOTIATION Lastly, TS Talent Solutions will collaborate with the City Council in negotiating an employment contract with the preferred candidate. The final candidate will be subject to education verifications, DMV, civil and criminal background checks and credit checks. Recruitment Timeline Below is a sample of a typical 15-week schedule, and sequenced deliverables. We have the flexibility to “ramp up” or “ramp down” this process should the City prefer a different process. We will work with the City to finalize a schedule that best suits the City’s needs. WEEKS 1-2 STEP 1: DEVELOP A CANDIDATE PROFILE • Kick-off meeting • City Council and staff interviews WEEKS 3-4 STEP 2: DEVELOP MARKETING MATERIALS • Digital recruitment brochure • Social media content • Compelling job ad language WEEKS 5-8 STEP 3: OUTREACH AND RECRUITING • Digital job board positioning • Aggressive outreach WEEKS 9-11 STEP 4: EVALUATE, SCREEN AND PRESENTATION OF CANDIDATES • Candidate evaluation • Preliminary interviews • Internet searches / review of public profiles • Development of candidate materials packet • Presentation of candidates to City Council • Determine which candidates will be interviewed WEEKS 12-15 STEPS 5-7: INTERVIEWS / NOTIFICATION / NEGOTIATIONS • Interview scheduling and facilitation • Development of interview packets for each panelist • Notification and negotiation Page 458 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 15 PRICE PROPOSAL The Talent Quest level of engagement provides the City of Pasco with comprehensive search services to connect with the most capable, talented candidates available in the market. The cost for the City Manager recruitment is $21,500, plus expenses, for an estimated total of $25,500. Fees for the recruitment will be collected in three installments as follows: 1. Upon Execution of the Agreement - $7,000 2. Following Presentation of Candidates - $7,000 plus expenses 3. Upon Acceptance of Offer - $7,500 plus any remaining expenses TALENT QUEST COST NOTES City Manager Recruitment $21,500 Fixed Cost Estimated Expenses $4,000 Estimated ESTIMATED TOTAL $25,500 Estimated Expenses We estimate $4,000 in expenses, which include paid placements on various digital job boards and hotspots popular with local government agencies. One such platform is the well-known PublicCEO job board which has a $425 fee. Tripepi Smith owns PublicCEO, a local government news publication dedicated to providing a statewide perspective on California’s cities, counties and special districts. PublicCEO reaches over 17,000 local government executives — city managers, county administrators and public executives included — through a daily newsletter, website and job board. The publication actively seeks stories promoting cross-sector partnerships to provide decision-makers with best practices, perspectives on trends, innovations and access to opportunities. Additional expenses include travel reimbursement for one (potential) on-site visit, third-party background check services, etc. If expenses appear to exceed the budget outlined above, TS Talent Solutions will discuss that budget risk with City staff and seek authorization before exceeding that expense budget. TRIPEPI SMITH TALENT SOLUTIONS GUARANTEE The Tripepi Smith Talent Solutions team guarantees industry-standard services. If within one year following the appointment, the selected candidate resigns or is terminated for cause, our team will conduct another search free of professional services charges. However, the City of Pasco will cover expenses related to the recruitment, including advertising fees, background check fees and travel costs. Page 459 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 16 (Optional/Add-On) Community Outreach Options The City may desire to conduct community outreach and public involvement in the selection process. The options can range from a simple questionnaire form on a website to an in-person community workshop to discuss the role and the criteria the City should consider for the selection process. Fees for the community outreach options are separate from the milestones payments as laid out above: Add-On Option Fixed Cost Details Community Questionnaire $2,200 Inclusive of questionnaire coordination and marketing Virtual Workshop with City-Identified Participants $3,750 Virtual via Zoom In-Person Focus Group with City-Identified Participants $8,500 Estimated at up to 1.5 hours In-Person Community Workshop Facilitation $9,750 Estimated at up to 1.5 hours Time & Materials (As-Needed) Services If the City of Pasco requires unplanned additional support outside of the proposed scope of work, it will be billed on a time-and-materials basis using our 2024-25 Standard Rates: Title Standard Rates Reduced Retainer Principal $370 $295 Executive Recruiter/Director $255 $215 Art/Creative Director $255 $215 Senior Recruitment Coordinator / Senior Business Analyst $195 $165 Recruitment Coordinator/Business Analyst $140 $115 Assistant Recruitment Coordinator/Junior Business Analyst $115 $95 Senior Videographer/Animator $195 $165 Senior Photographer $170 $145 Videographer/Photographer $130 $110 Junior Videographer/Photographer $110 $95 Senior Graphic Designer $185 $155 Graphic Designer $130 $110 Junior Graphic Designer $110 $95 Web Developer $195 $175 Junior Web Developer $110 $95 Drone Operator $195 $170 Page 460 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 17 Council Chamber A/V Operator $110 $95 For Time & Materials work, time is billed in 15-minute increments – i.e. we invoice our time in the following examples: 1.25, 0.75, 4.0 or 6.5 hours. Time & Materials work will be invoiced at the end of the month in which the work was done. All payment terms are net 30 days. Other Cost Information Tripepi Smith has related service fees that may come up during our engagement that we want to tell you about. Annual Increase Tripepi Smith will increase the hourly rates and retainer fees for all resources by 5% or the national CPI index–whichever is higher–each year on the anniversary of the contract, starting on the first anniversary of any contract when the contract duration is longer than one year. Otherwise, new rates will be negotiated with each new contract. Retainer Discount When a client’s retainer exceeds $7,150 per month, they gain access to our reduced retainer rates. Travel Costs Travel costs must be pre-authorized and then will be reimbursed by the client for any requested travel to complete a requested scope of work. Travel costs may include airfare, lodging, car rentals and gas. Additionally, when client work requires that we be onsite, we will invoice for a resource’s travel time at 50% of the resource’s hourly rate. Service Fees Tripepi Smith prefers that clients pay service providers directly to avoid unnecessary administrative costs. You should also know, however, that we have no economic interest in service providers, unless otherwise specified in this proposal. If a client asks Tripepi Smith to pay for a service provider bill, we will apply a 10% agency fee to the reimbursement expense. Typical service fees include, but are not limited to: print, mailing, digital advertising, media placements, voiceovers, translations and closed captions. Page 461 of 473 City of Pasco / Executive Recruitment: City Manager TALENT QUEST • Profiles • Outreach • Screening • Interviews • Selection • Negotiation 18 REFERENCES Contacts Details City of La Cañada Flintridge Dan Jordan City Manager 818-790-8880 DJordan@LCF.CA.gov One Civic Center Dr, LCF, CA 91011 The City of La Cañada Flintridge is a current Tripepi Smith client in other capacities. TS Talent Solutions filled a City Manager position in the City of La Cañada Flintridge. Our scope of work included: • Meeting with Staff and City Council one-on-one • Development of candidate profile • Community engagement survey • Recruitment brochure & marketing materials • Job board posting and management • Direct networking and outreach campaign • Screening of applicants and presentation of candidates • Interview coordination and facilitation • Assistance with selection process and negotiations City of Menifee Armando Villa City Manager 951-672-6777 AVilla@CityoMenifee.us 29844 Haun Rd, Menifee, CA 92586 The City of Menifee is a current Tripepi Smith client in other capacities. TS Talent Solutions filled a Chief Financial Officer position in the City of Menifee, and filled their very first Human Resources Director position. Our scope of work for both included: • Meeting with City staff and key personnel • Development of candidate profile • Recruitment brochure & marketing materials • Job board posting and management • Direct networking and outreach campaign • Screening of applicants and presentation of candidates • Interview coordination and facilitation • Assistance with selection process and negotiations City of Bell Michael L. Antwine II City Manager 323-588-6211 MAntwine@CityofBell.org 6330 Pine Ave, Bell, CA 90201 The City of Bell is a current Tripepi Smith client in other capacities. TS Talent Solutions filled three key positions in the City of Bell: Director of Community Services, Deputy Director of Community Service, and Human Resources/Risk Manager. Our scope of work for all recruitments included: • Meeting with City staff and key personnel • Development of candidate profile • Recruitment brochure & marketing materials • Job board posting and management • Direct networking and outreach campaign • Screening of applicants and presentation of candidates • Interview coordination and facilitation • Assistance with selection process and negotiations Page 462 of 473 City of Pasco –City Manager Recruitment Firm Selection 03/17/2025 Pasco City Council Pa g e 4 6 3 o f 4 7 3 Overview 2 Objective: Select the best recruitment firm for the City Manager search. Firms under review: •GMP Consultants •Prothman •Tripepi Smith Talent Solutions (TSTS) Key Considerations for Council: •Firm Experience & Past Work with Pasco •Recruitment Timeline •Best Fit For Pasco Pa g e 4 6 4 o f 4 7 3 Experience & Past Work with Pasco 3 Firm City Manager Recruitments Recent City Manager Placements Past Work with City of Pasco GMP Consultants 150+ City Manager searches Kennewick, Lacey, Tumwater, SeaTac, Moses Lake Interim City Manager Dave Zabell (2025), Deputy CED Director(2024),City Manager (2022) Prothman Extensive City Manager experience (Exact # not listed, but over 1,200 recruitments overall) Battle Ground, Centralia, Chehalis, Brookings, Dillingham Public Works Director (2024), Human Resources Director (2023) TS Talent Solutions (TSTS) Limited direct City Manager recruitments Lomita, La Cañada Flintridge, Tracy IT Director (2024), CED Director (2023) Pa g e 4 6 5 o f 4 7 3 Recruitment Timeline 4 •All firms propose a 12–13-week process from kickoff to final selection. •Key Steps: Pa g e 4 6 6 o f 4 7 3 Next Steps 5 Council Decision: Select the firm that best aligns with Pasco’s needs. Options Moving Forward: •Make a decision tonight based on materials submitted. •Schedule one, two, or all firms to present before making a selection. •Solicit additional proposals from other firms. Next Steps (if a firm is selected tonight): •Finalize the contract •Recruitment kickoff within two weeks Pa g e 4 6 7 o f 4 7 3 Questions?Pa g e 4 6 8 o f 4 7 3 AGENDA REPORT FOR: City Council March 13, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 3/17/25 FROM: Dave Zabell, City Manager City Manager SUBJECT: Request for Zoning Code Text Amendment (5 minute staff presentation) I. ATTACHMENT(S): Site Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The City of Pasco’s Zoning Code requires that a car wash in a C-1 zone be located more than 300 feet from a residential district (PMC 25.85.020(14)). The purpose of this regulation appears to be to minimize the impact of noise from this text Zoning neighborhoods. residential operation on of type nearby (PMC) Code Municipal Pasco the under provided are amendments for Subsection 25.210.020(2)(c), allowing a process to modify specific zoning regulations. V. DISCUSSION: Mr. Mario Wierzchowski has submitted a request to reduce the 300-foot distance requirement between car washes and residential districts, contingent upon the installation of noise mitigation measures. The site in question is attached to this report. The car wash would be located on a site that cannot meet the current 300-foot distance regulation due to size limitations. However, Mr. Wierzchowski asserts that modern car washes produce significantly less noise than older models, and with proper noise mitigation technology, the Page 469 of 473 required distance could be safely reduced without disturbing nearby residents. Staff recommends the City Council hold an open record hearing, as required by the PMC, to evaluate the proposed text amendment and materials the applicant brings forward. Given the time-sensitive nature of the real estate transaction, staff recommends that the Council schedule this hearing as soon as possible. Page 470 of 473 ,1.~ ' 3 was Hula »WI ;.A :7 ‘-I“~-:Iunum ‘~...g '7 '_‘n ua!nHarml=lwn\.}ya’;mrmzszun‘g , " v 7 V lg llI "- Pa g e 4 7 1 o f 4 7 3 Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure. City Council Goals QUALITY OF LIFE 2024-2025 Enhance the long-term viability, value, and service levels of services and programs. FINANCIAL SUSTAINABILITY Promote a highly functional multi-modal transportation system. COMMUNITY TRANSPORTATION NETWORK Implement targeted strategies to reduce crime through strategic investments in infrastructure, staffing, and equipment. COMMUNITY SAFETY Promote and encourage economic vitality. ECONOMIC VITALITY Identify opportunities to enhance City of Pasco identity, cohesion, and image. CITY IDENTITY Page 472 of 473 METAS DEL CONCEJO MUNICIPAL 2024-2025 Promover una alta calidad de vida a través de programas, servicios y inversion apropiada y reinversión en la comunidad infraestructura comunitaria. CALIDAD DE VIDA Promover viabilidad financiera a largo plazo, valor, y niveles de calidad de los servicios y programas. SOSTENIBIILIDAD FINANCIERA Promover un sistema de transporte multimodal altamente funcional. RED DE TRANSPORTE DE LA COMUNIDAD Implementar estrategias específicas para reducir la delincuencia por medios de inversiones estratégicas en infraestructura, personal y equipo. SEGURIDAD DE NUESTRA COMUNIDAD Promover y fomentar vitalidad económica. VITALIDAD ECONOMICA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen. IDENTIDAD COMUNITARIA Page 473 of 473