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2018.10.15 Council Meeting Packet
Regular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. October 15, 2018 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. 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 Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 5 - 9 (a) Approval of Minutes To approve the minutes of the Pasco City Council Meeting dated October 1, 2018. 10 - 12 (b) Bills and Communications To approve claims in the total amount of $3,129,012.39 ($1,826,730.50 in Check Nos. 224944-225282; $503,213.35 in Electronic Transfer Nos. 822296, 822336-822340, 822387-822388, 822405; $33,067.98 in Check Nos. 52226-52257; $762,110.12 in Electronic Transfer Nos. 30125664- 30126191; $3,890.44 in Electronic Transfer Nos. 521-525). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non- criminal, criminal, and parking) accounts receivable in the total amount of $220,105.38 and, of that amount, authorize $134,018.53 to be turned over for collection. 13 - 19 (c) Lodging Tax Advisory Committee Recommendations To approve the allocation of 2019 Lodging Tax receipts as recommended by the Lodging Tax Advisory Committee as shown in the minutes of August 21, 2018. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Page 1 of 111 Regular Meeting October 15, 2018 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens 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. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 20 - 22 (a) Special Permit Appeal: Mor-Stor Mini Storage Expansion in a C-1 Zone (MF# APPL 2018-002) MOTION: I move to continue the Closed Record Hearing to the November 19, 2018 Regular Council Meeting. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 23 - 73 (a) Q Special Permit: Location of Wireless Communication Facilities in a C-1 Zone (MF# SP 2018-008) MOTION: I move to approve Resolution No. 3867, granting a special permit for the location of wireless communication facilities at 115 South 10th Avenue. 74 - 78 (b) Boating Facilities Program Grant - Authorizing Resolution MOTION: I move to approve Resolution No. 3869, authorizing the Administrative & Community Services Director to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above project for which we seek grant funding assistance managed through the Recreation and Conservation Office. 79 - 83 (c) Final Project Acceptance - 2017 Trail Rehabilitation MOTION: I move to adopt Resolution No. 3870, accepting work performed by Arrow Concrete and Asphalt Specialties, Inc., under contract for the 2017 Trail Rehabilitation project. Page 2 of 111 Regular Meeting October 15, 2018 84 - 87 (d) Final Project Acceptance - WWTP Immediate Needs Electrical Improvements MOTION: I move to adopt Resolution No. 3871, accepting work performed by Northpoint Electrical Contracting, Inc., under contract for the WWTP Immediate Needs Electrical Improvements project. 9. UNFINISHED BUSINESS: 88 - 111 (a) Electronic Traffic Control MOTION: I move to approve the contract with Redflex for the placement of traffic control cameras at the authorized intersections and authorize the City Manager to sign the agreement. 10. NEW BUSINESS: 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” REMINDERS: 1. Monday, October 15, 6:00 p.m., LEOFF Disability Board – City Hall Conference Room 1, Pasco City Hall (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER CRAIG MALONEY, Alt.) 2. Wednesday, October 17, 5:30 p.m., Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting – Clover Island Inn, 435 Clover Island Drive, Kennewick (COUNCILMEMBER RUBEN ALVARADO, Rep.; COUNCILMEMBER SAUL MARTINEZ, Alt.). 3. Thursday, October 18, 12:30 p.m., Greater Columbia ACH Leadership Council & Board Meeting – Tri-Cities Community Health Board Room, 800 W. Court St. (COUNCILMEMBER RUBEN ALVARADO). 4. Thursday, October 18, 3:30 p.m., Franklin County Emergency Management Board Meeting – FCEM Office, 502 Boeing Street (COUNCILMEMBER CRAIG Page 3 of 111 Regular Meeting October 15, 2018 MALONEY, Rep.; MAYOR MATT WATKINS, Alt.). 5. Thursday, October 18, 4:00 p.m., Tri-Cities National Park Committee Meeting – Tri- Cities Regional Business & Visitor Center, Bechtel Board Room, 7130 W. Grandridge Blvd., Kennewick (MAYOR MATT WATKINS). 6. Friday, October 19, 11:30 a.m., Benton-Franklin Council of Governments Board Meeting – El Chapala, 107 E. Columbia Drive, Kennewick (COUNCILMEMBER BLANCHE BARAJAS, Rep., COUNCILMEMBER RUBEN ALVARADO, Alt.). This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability. (Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad.) Page 4 of 111 AGENDA REPORT FOR: City Council October 9, 2018 TO: Dave Zabell, City Manager Regular Meeting: 10/15/18 FROM: Daniela Erickson, City Clerk Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 10.01.18 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Meeting dated October 1, 2018. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 111 REGULAR MEETING MINUTES PASCO CITY COUNCIL OCTOBER 1, 2018 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, Pete Serrano, and Matt Watkins. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Steve Worley, Public Works Director; Rick White, Community & Economic Development Director; Richa Sigdel, Finance Director; Zach Ratkai, Administrative & Community Services Director; Bob Metzger, Police Chief; Bob Gear, Fire Chief and Michael Morales, Deputy Community & Economic Development Director. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes To approve the minutes of the Pasco City Council Meeting dated September 17, 2018. Bills and Communications To approve claims in the total amount of $3,319,007.33 ($2,043,675.81 in Check Nos. 224691-224943; $497,979.18 in Electronic Transfer Nos. 821368, 821930-821974, 821978-822002, 822011-822048, 822058-822128, 822133- 822195; $35,321.22 in Check Nos. 52185-52225; $739,041.26 in Electronic Transfer Nos. 30125138-30125663; $2,989.86 in Electronic Transfer No. 518). 2019 Legislative Priorities To approve Resolution No. 3861, declaring the City's legislative priorities for the 2019 session of the Washington State Legislature. Road Easement Vacation: Sedona Apartments (MF# VAC 2018-005) To approve Resolution No. 3862, a resolution setting 7:00 P.M., Monday, November 5, 2018, as the time and date to conduct a public hearing to consider vacating the road easement at 1327 North 24th Avenue. MOTION: Mr. Maloney moved to approve the consent agenda as read. Mr. Serrano seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Yard and Business of the Month Awards Mayor Watkins presented Certificates of Appreciation for September 2018 "Yard of the Month" and "Business Appearance of the Month" to: • Robert & Sharon Hoffmann, 526 N. 8th Avenue • Jerry & Shelley Larson, 3815 W. Park Street Page 6 of 111 REGULAR MEETING MINUTES PASCO CITY COUNCIL OCTOBER 1, 2018 2 • Janet Taggares, 3811 Desert Plateau Drive • BJ & Merry Loew, 8405 W. Richardson Road • Washington Physical Therapy, 3807 W. Court Street VISITORS - OTHER THAN AGENDA ITEMS: • John H. Cloud, Sr. - Crisis Response Coordination Center needed for this area to address mental health and addiction. • Gabriel Portugal, 804 Road 52 - increase in trash along I-182 and Road 68. • Carly Coburn - discussed a situation which occurred at a local nightclub involving protesters. • Ansley Gerhard-Roberts - discussed the same situation as Ms. Coburn and the concern they having about one protester in particular. • Jay Chavez - Pasco resident, and General Manager of the nightclub submitted a written statement regarding the protesters harassment and also commented verbally. • Annabel Naccarato - Para-educator at Rowena Chess Elementary had concerns about speeding drivers through school zones and crosswalks on Sylvester Street and requested more police presence or other such deterrent. REPORTS FROM COMMITTEES AND/OR OFFICERS: Verbal Reports from Councilmembers • Mr. Alvarado attended the Chamber of Commerce Elected Leader's Reception. • Mr. Maloney was in Vancouver and saw the new waterfront and this is similar to what the Port of Pasco is envisioning. General Fund Operating Statement Mr. Maloney and Ms. Sigdel discussed the fines and forfeitures numbers. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Special Permit Appeal: Mor-Stor Mini Storage Expansion in a C-1 Zone (MF# APPL 2018-002) MOTION: Mr. Maloney moved to continue the Closed Record Hearing to the October 15, 2018 Regular Council Meeting. Mr. Martinez seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 2019-2024 Capital Improvement Plan MOTION: Mr. Maloney moved to approve Resolution No. 3863, approving the Capital Improvement Plan for calendar years 2019-2024. Mr. Martinez seconded. Motion carried unanimously. Ordinance modifying PMC 5.04.010 Business License Definitions and PMC 5.04.170 Business License Exemptions Page 7 of 111 REGULAR MEETING MINUTES PASCO CITY COUNCIL OCTOBER 1, 2018 3 MOTION: Mr. Maloney moved to adopt Ordinance No. 4397, amending PMC Section 5.04.010 "Definitions"; amending PMC Section 5.04.170 "Exemptions"; and, further, authorize publication by summary only. Mr. Alvarado seconded. Motion carried unanimously. Sale of City Property on Dradie Street MOTION: Mr. Maloney moved to approve Resolution No. 3864, approving the sale of certain real property on Dradie Street. Mr. Milne seconded. Motion carried unanimously. Preliminary Plat: Serrano Heights (MF# PP 2018-007) MOTION: Mr. Maloney moved to table this item to a later date. Mr. Martinez seconded. Motion carried unanimously. Special Permit: Location of Wireless Communication Facilities in an R-4 Zone (MF# SP 2018-007) MOTION: Mr. Maloney moved to approve Resolution No. 3866, granting a special permit for the location of wireless communication facilities at 6626 Chapel Hill Boulevard, Building #E. Ms. Barajas seconded. Motion carried unanimously. Special Permit: Location of Wireless Communication Facilities in a C-1 Zone (MF# SP 2018-008) MOTION: Mr. Maloney moved to continue this item for two weeks to the next regular meeting. Mr. Martinez seconded. Motion carried unanimously. Special Permit: Location of Wireless Communication Facilities in an R-S-1 Zone (MF# SP 2018-009) MOTION: Mr. Maloney moved to approve Resolution No. 3868, granting a special permit for the location of wireless communication facilities at 5304 Burden Boulevard. Ms. Barajas seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Zabell said the City of Pasco and the Downtown Pasco Development Authority (DPDA) will be co-hosting an open house in regard to the proposed Lewis Street Overpass. The event will be held on Tuesday, October 9th from 4:00 p.m. - 7:00 p.m., at the DPDA Office. EXECUTIVE SESSION: Council adjourned into Executive Session at 8:23 p.m. for approximately 10 minutes to discuss Pending/Potential Litigation with the City Manager, Deputy City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 8:32 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:32 p.m. Page 8 of 111 REGULAR MEETING MINUTES PASCO CITY COUNCIL OCTOBER 1, 2018 4 PASSED AND APPROVED this 15th day of October 2018. APPROVED: ATTEST: Matt Watkins, Mayor Daniela Erickson, City Clerk Page 9 of 111 AGENDA REPORT FOR: City Council October 11, 2018 TO: Dave Zabell, City Manager Regular Meeting: 10/15/18 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 10.15.18 Bad Debt Write-off/Collection II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $3,129,012.39 ($1,826,730.50 in Check Nos. 224944-225282; $503,213.35 in Electronic Transfer Nos. 822296, 822336-822340, 822387-822388, 822405; $33,067.98 in Check Nos. 52226-52257; $762,110.12 in Electronic Transfer Nos. 30125664-30126191; $3,890.44 in Electronic Transfer Nos. 521-525). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $220,105.38 and, of that amount, authorize $134,018.53 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 10 of 111 REPORTING PERIOD: October 15, 2018 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 224944-225282 52226-52257 Total Check Amount $1,826,730.50 $33,067.98 Total Checks 1,859,798.48$ Electronic Transfer Numbers 822296 30125664-30126191 521-525 822336-822340 822387-822388 822405 Total EFT Amount $503,213.35 $762,110.12 $3,890.44 $0.00 Total EFTs 1,269,213.91$ Grand Total 3,129,012.39$ Councilmember 575,426.18 24,299.52 0.00 0.00 1,272.83 160.76 0.00 433.95 16,938.21 5,109.91 2,999.54 53,674.41 503.33 1,221.52 0.00 73,177.41 30,484.74 1,004.55 1,504.13 17,843.00 0.00 115,532.67 0.00 0.00 216,450.96 499,658.03 78,235.76 11,026.74 108,017.54 0.00 156,920.84 0.00 249.36 1,136,866.50 GRAND TOTAL ALL FUNDS:3,129,012.39$ EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE OLD FIRE OPEB FLEX PAYROLL CLEARING STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY SCHOOL IMPACT FEES RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET STREET OVERLAY City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Richa Sigdel, Finance Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 15th day of October, 2018 that the merchandise or services hereinafter specified have been received and are approved for payment: September 27 - October 10, 2018 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council Page 11 of 111 BAD DEBT WRITE-OFF/COLLECTION September 1 – September 30, 2018 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $20.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct Write-off Referred to Collection Total Write-off Utility Billing $ 14.50 .00 14.50 Ambulance $ 86,072.35 14,553.53 100,625.88 Court A/R $ .00 118,920.00 118,920.00 Code Enforcement $ .00 545.00 545.00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 .00 .00 TOTAL: $ 86,086.85 134,018.53 220,105.38 Page 12 of 111 AGENDA REPORT FOR: City Council September 25, 2018 TO: Dave Zabell, City Manager Regular Meeting: 10/15/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Lodging Tax Advisory Committee Recommendations I. REFERENCE(S): 2019 Lodging Tax Requests Sources and Uses, 2015 - 2018 2014 - 2018 Lodging Tax Summary Committee Minutes dated 08/21/18 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the allocation of 2019 Lodging Tax receipts as recommended by the Lodging Tax Advisory Committee as shown in the minutes of August 21, 2018. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: State law has authorized collection of the 2% local tax on lodging facilities (hotels and motels) since the mid-1970s. The funds originally could be used for stadiums and for tourism promotion activities. In 1993, like several cities prior to that time, Pasco was granted an additional 2% lodging tax authority to help pay specifically for the City's share of TRAC expenses. Several years later, the legislature increased the base lodging tax to 4% and eliminated the individual taxing authorizations, thus making the use of lodging tax simpler for everyone. The law was also amended to require a Lodging Tax Advisory Committee (LTAC) to review and recommend proposed uses of the lodging tax annually. In 2013, the legislature (in response to the lodging industry) required additional annual reporting on the use of the lodging tax. The new reporting requirement became effective for 2014 tax uses (a copy of the City's 2017 report completed in early 2018 is attached). The Pasco LTAC convened on August 21, 2018 to review six proposals received for use of the 2018 lodging tax receipts. After reviewing historical uses of the lodging tax, Page 13 of 111 and the individual requests, the LTAC recommended allocation as outlined in the LTAC minutes of August 21. • $275,000 (est) TRAC, 50% of actual operating costs • $143,122 (est) Visit Tri-Cities Promotion Services (50% of 2%) • $ 20,000 Pasco Chamber Ag Show • $160,000 Baseball Stadium Improvements (New Debt) • $ 8,000 Downtown Pasco Development Authority Event Marketing • $ 7,100 Fund Administration and Expenses • $613,222 TOTAL V. DISCUSSION: While the requests and LTAC recommendation total spending in the amount of nearly $613,222 for 2019, annual revenue is estimated at $600,000. The Stadium/Convention Center Fund has a fund balance of approximately $508,000 which can be allocated for any 2019 overage, if needed. The request for improvements at the baseball stadium is new and represents a one-time expenditure. The LTAC meeting was attended by representatives of the Tri-City Dust Devils who discussed the proposed improvements at GESA Stadium. The request/proposal is to borrow $2m, internally, to make significant upgrades and improvements at the more than 20 year old facility. The loan is proposed at 20 years and would be secured by lodging tax receipts beginning in 2019. RCW 67.28.1816 2(b)(ii) provides the latitude that the City has with respect to the recommendations of the LTAC: "The municipality may choose only recipients from the list of candidates and recommended amounts provided by the local lodging tax advisory committee." Staff recommends Council approval of the LTAC allocations, as shown in the minutes of August 21, 2018. Page 14 of 111 2019 LODGING TAX REQUESTS TRAC* ................................................................................................................................$275,000 Baseball Stadium Improvements** ....................................................................................$160,000 Chamber of Commerce .........................................................................................................$20,000 Tri-Cities Visitor & Convention Bureau***.......................................................................$143,122 Downtown Pasco Development Authority .............................................................................$8,000 Fund Administration & Expenses ± .......................................................................................$7,100 TOTAL REQUESTED .......................................................................................................$613,222 Annual Amount Available (est.) ........................................................................................$600,000 Estimated Fund Balance Stadium/Convention Center Fund ..............................................$508,000 TOTAL ............................................................................................................................$1,108,000 *Interlocal Agreement between City of Pasco and Franklin County. **Debt service on $2m improvements loan. ***Interlocal Agreement between cities of Pasco, Kennewick and Richland with Tri-Cities Visitor and Convention Bureau (VCB) to provide 50% of annual 2% lodging tax receipts to VCB. ± New item for approval, though fund has absorbed this expense for many years. Page 15 of 111 Lodging Tax Reporting 2014-2018 (2018 Not Yet Reported)City of Pasco Year Organization Activity Type Activity Name Start Date End Date Funds Requested Funds Awarded Total Activity Cost Overall Attendance Projected Overall Attendance Actual Overall Attendance Method Fifty Miles Attendance Projected Fifty Miles Attendance Actual Fifty Miles Attendance Method 2014 Pasco Chamber of Commerce Event/Festival Agricultural Trade Show 1/7/2014 1/8/2014 10,000$ 10,000$ 15,600$ 3,000 3,158 Direct Count 500 NULL Structured Estimate 2015 Pasco Chamber of Commerce Event/Festival Agricultural Trade Show 1/6/2015 1/7/2015 10,000$ 10,000$ 15,600$ 1,653 Direct Count 600 794 Indirect Count 2016 Pasco Chamber of Commerce Event/Festival Marketing/Festivals/Events 1/1/2016 12/31/2016 10,000$ 10,000$ 322,958$ 4,000 4,000 Direct Count 825 700 Representative Survey 2017 Pasco Chamber of Commerce Event/Festival Marketing/Festivals/Events 1/1/2016 12/31/2016 20,000$ 20,000$ 339,075$ 4,700 4,100 825 845 2018 Pasco Chamber of Commerce Event/Festival Marketing/Festivals/Events 1/1/2016 12/31/2016 20,000$ 20,000$ 2014 Tri-Cities Vistor and Convention Bureau Marketing Destination Marketing 1/1/2014 12/31/2014 117,280$ 117,280$ 2,006,401$ NULL NULL NULL NULL NULL NULL 2015 Tri-Cities Visitor and Convention Bureau Marketing Destination Marketing 1/1/2015 12/31/2015 115,806$ 129,895$ 2,006,401$ 880,179 1,829,000 Structured Estimate 653,000 307,826 Structured Estimate 2016 Tri-Cities Visitor and Convention Bureau Marketing Destination Marketing 1/1/2016 12/31/2016 123,000$ 123,000$ 2,354,084$ 91,886 38,099 Direct Count 91,886 38,099 Direct Count 2017 Tri-Cities Visitor and Convention Bureau Marketing Destination Marketing 1/1/2016 12/31/2016 125,695$ 125,695$ 2,332,185$ 38,139 38,675 38,139 38,675 2018 Tri-Cities Visitor and Convention Bureau Marketing Destination Marketing 132,609$ 132,609$ 2014 City of Pasco-Stadium Facility Stadium Debt Service 3/15/2014 10/31/2014 127,000$ 103,000$ 127,188$ NULL 95,940 Structured Estimate NULL 7,400 Structured Estimate 2015 City of Pasco-Stadium Facility Stadium Debt Service 1/1/2015 12/31/2015 122,000$ 127,188$ 142,691$ 95,940 95,396 Direct Count 7,400 7,200 Representative Survey 2016 City of Pasco-Stadium Facility Professional Baseball Stadium Debt Service 1/1/2016 12/31/2016 122,000$ 127,187$ 147,144$ 96,000 100,214 Direct Count 7,400 12,000 Representative Survey/Structured Estimate 2017 City of Pasco-Stadium Facility Professional Baseball Stadium Debt Service 1/1/2016 12/31/2016 118,305$ 127,187$ 167,510$ 96,000 101,357 7,400 12,000 2018 City of Pasco-Stadium Facility Professional Baseball Stadium Debt Service 127,188$ 127,188$ 2018 City of Pasco-Stadium Facility HVAC Imp.35,000$ 35,000$ 2014 City of Pasco-TRAC Facility TRAC Debt Service and Operations 1/1/2014 12/31/2014 230,000$ 230,000$ 354,000$ NULL 181,331 Direct Count NULL 1,803 Direct Count 2015 City of Pasco-TRAC Facility TRAC Operations/Debt Service 1/1/2015 12/31/2015 240,000$ 256,366$ 512,733$ 250,000 164,706 Direct Count 45,000 4,050 Direct Count 2016 City of Pasco-TRAC Facility TRAC - Trade Recreation Agriculture Center 1/1/2016 12/31/2016 255,000$ 273,948$ 273,948$ 181,000 158,304 Direct Count 1,803 3,154 Direct Count 2017 City of Pasco-TRAC Facility TRAC - Trade Recreation Agriculture Center 1/1/2016 12/31/2016 255,000$ 122,002$ 244,000$ 165,000 134,440 4,000 2,233 2018 City of Pasco-TRAC Facility TRAC - Trade Recreation Agriculture Center 275,000$ 275,000$ 2016 Downtown Pasco Development Authority Event/Festival Cinco de Mayo-Fiery Foods Festivals 4/1/2016 10/31/2016 5,000$ 5,000$ 39,551$ 10,000 10,000 Structured Estimate 500 600 Structured Estimate 2017 Downtown Pasco Development Authority Event/Festival Cinco de Mayo-Fiery Foods Festivals 4/1/2016 10/31/2016 5,000$ 5,000$ 25,000$ 10,000 17,000 1,000 510 2018 Downtown Pasco Development Authority Event/Festival Cinco de Mayo-Fiery Foods Festivals 7,000$ 7,000$ Year Out of State/Country Attendance Projected Out of State/Country Attendance Actual Overnight Paid Attendance Projected Overnight UnPaid Attendance Actual Overnight Paid Attendance Actual Overnight UnPaid Attendance Projected Overnight UnPaid Attendance Actual Paid Lodging Nights Projected Paid Lodging Nights Actual Notes 2014 350 NULL NULL NULL NULL NULL 2015 335 350 335 700 670 2016 520 450 398 338 112 112 796 612 2017 520 533 398 408 112 114 796 816 Direct Count and Surveys/Estimates 2018 2014 NULL NULL NULL 653,000 NULL NULL 2013 actual numbers. 2015 227179 337000 653,000 1,434,000 144,000 2016 91886 38099 114,858 47,625 OOSOOC Attendance and Overnight Unpaid Attendance reported as "not available" 2017 N/A 38139 38675 N/A 47,673 48,344 Hotel Post Conv Reports 2018 2014 NULL 6,860 NULL 3,400 NULL NULL 2015 6,860 6,700 3540 3250 92,400 92,146 1,040 2016 6,860 7,000 3540 4000 3,400 3,500 2,575 2,000 2017 6,860 7,000 3540 4500 3,400 4,000 2,575 2,200 Direct Count, Surveys/Estimates 2018 2018 2014 NULL 930 NULL 90 NULL NULL Franklin County Operation 2015 39,750 738 45000 1014 45,000 202 2016 930 1,413 450 789 90 158 395 2017 800 818 1000 558 200 112 Direct Counts/Estimates 2018 2016 100 180 50 100 - - 150 Overnight Unpaid Attendance Unknown 2017 150 357 100 250 150 350 Indirect Counts, Informal Surveys 2018 Page 16 of 111 2018 2018 2017 2016 2015 Estimated (7/30/18) SOURCE 2% Lodging Tax (TRAC) $ 300,000 $ 275,000 $ 325,587 $ 271,529 $ 260,493 2% Lodging Tax (General) $ 300,000 $ 275,000 $ 325,587 $ 271,529 $ 260,493 TOTAL ANNUAL SOURCES $ 600,000 $ 550,000 $ 651,174 $ 543,058 $ 520,986 Fund Balance (Combined) $ 508,000 $ 508,000 TOTAL SOURCES $ 1,108,000 $ 1,058,000 $ 651,174 $ 543,058 $ 520,986 USES TRAC * $ 236,000 $ 275,000 $ 122,002 $ 273,948 $ 256,366 Stadium Debt ** $ 127,188 $ 127,118 $ 127,188 $ 127,188 $ 127,188 Stadium HVAC $ 24,693 $ 35,000 VCB Promotion Services $ 135,000 $ 132,609 $ 126,582 $ 123,181 $ 119,895 Chamber Visitor Services / Ag Show $ 20,000 $ 20,000 $ 20,000 $ 10,000 $ 10,000 Downtown Pasco Development Authority $ 7,000 $ 7,000 $ 5,000 $ 5,000 Fund Administrative Expense $ 7,100 $ 9,526 $ 9,339 $ 12,532 Stadium Operations*** $ 20,000 $ 20,000 $ 19,816 $ 19,957 $ 7,537 $ 548,656 $ 410,298 $ 525,981 Actual 2015 - 2018 Lodging Tax Stadium Net Operations (Revenue above rental income) $ 10,300 $ 10,300 $ 12,694 $ (1,156) $ 5,884 TOTAL USES Budget Actual Actual $ 556,981 $ 596,727 Page 17 of 111 LODGING TAX ADVISORY COMMITTEE August 21,2018 MINUTES CALL TO ORDER: The meeting was called to order at 4:05 pm,by Matt Watkins,in conference room #1 at Pasco City Hall. ROLL CALL: Board Members Present:Matt Watkins (Council);Colin Hastings (Chamber);and Hector Cruz (Visit Tri-Cities). Excused:Allison White (Sleep Inn)and Monica Hammerberg (Hampton Inn). Also Present:Stan Strebel,Deputy City Manager;Dan Dotta,Interim Administrative and Community Services Director and Facilities Manager;Angela Pashon,Policy Analyst;and Brent Miles and Derrel Eben,Tri-City Dust Devils. BUSINESS: Matt Watkins presented the September 26,2017 minutes of the Lodging Tax Advisory Committee. Motion was made by Colin Hastings and seconded by Hector Cruz.to approve the September 26 2017 minutes as submitted.Motion passed unanimously. Stan brie?y reviewed the following:historical allocation of lodging tax receipts;current contractual commitments;2017 JLARC reporting;2014-2017 document,combining JLARC reporting,as well as 2019 tax allocation requests.Stan also suggested that a restructuring of the funds (#191 —TRAC and #195 —Stadium Convention Center)to combine all lodging tax revenues and expenditures (as approved by LTAC and the City Council)into a single fund would provide less confusion in tracking and provide LTAC with a clearer picture of resources in coming years,especially for one-time project requests. Committee discussed the requests for use of2019 Lodging Tax receipts,estimated to total $613,222. Stan noted that with the 2018 payment the balance of stadium debt ($127.000)will be retired.All requests are similar to those approved for 2018,except for:an increase in the DPDA request of an additional $1,000;and a proposed new expenditure,for administrative expense,which has been paid in prior years,although not specifically listed for LTAC.Also,proposed are new stadium improvements as outlined below. As discussed last year,the baseball stadium is in need of a number of upgrades both to meet Professional Baseball standards as well as due to the age (23 years)ofthe facility.Stan discussed the concept ofan internal City loan of $2m to fund improvements.This would require annual debt service Page 18 of 111 of approximately $160,000 but would avoid the expense of bond issuance,marketing.etc.Brent and Derrel discussed the need for improvements.Stan explained that while the 2019 requests slightly exceed expected revenue for the coming year,estimated fund balance in the Stadium/Convention Center fund will cover the projected shortfall,if needed. Motion was made by Colin Hastings and seconded by Hector Cruz to recommend the 2019 allocation estimate,as outlined below.Motion carried unanimously. °TRAC,50%of actual operating costs ...... ‘VCB Promotion Services (50%012%)$143,122 (est) ‘Pasco Chamber Ag Show ..............................$20,000 'Baseball Stadium Improvements Debt Service ($2m/20 yrs)........$160,000 °Fund Administration Expense .$7,100 (est) $275,000 (est) 'DPDA Event Marketing 8,000 TOTAL..$6l3,222 Stan indicated that the committee’s recommendation for 2019 will be presented to the City Council at their meeting sometime after September 10,when the Council is scheduled to review the proposed, 6-year Capital Improvement Plan,which will include a discussion of the Stadium improvements Project. ADJOURNMENT: Committee meeting adjourned at 4:40 pm. Respectfully submitted. Stan Strebel,Deputy City Manager LTAC Minutes 8/21/18 Page 2 of2 Page 19 of 111 AGENDA REPORT FOR: City Council October 11, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 10/15/18 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Special Permit Appeal: Mor-Stor Mini Storage Expansion in a C-1 Zone (MF# APPL 2018-002) I. REFERENCE(S): Overview Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to continue the Closed Record Hearing to the November 19, 2018 Regular Council Meeting. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: On May 17, 2018 the Planning Commission held a public hearing to consider an application for the expansion of the Mor-Stor Mini Storage Facility to be located at the southwest corner of Road 68 and Court Street. After deliberations at the June 21, 2018 meeting, the Planning Commission recommended the special permit be approved with conditions. The applicant appealed the Planning Commission recommendation. Council has continued this item several times, most recently until the October 15, 2018 Council Meeting. The applicant's attorney has been unavailable to continue final negotiations the first 10 days of October resulting in the applicant's request for an additional continuation. V. DISCUSSION: Page 20 of 111 Staff recommends Council continue this item a full month to the November 19, 2018 regular Council Meeting to ensure further continuations are not needed. Page 21 of 111 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community OverviewMap Special Permit: Mini-Storage ExpansionApplicant: Melina PuckettFile #: SP2018-005 ± SITE 0 300 600 900 1,200150Feet W Court St Road 64Road 68Road 72Road 76CITY L IMITS Page 22 of 111 AGENDA REPORT FOR: City Council October 8, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 10/15/18 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Special Permit: Location of Wireless Communication Facilities in a C -1 Zone (MF# SP 2018-008) I. REFERENCE(S): Vicinity Map Proposed Resolution Reports to Planning Commission Dated: 08/16/2018 and 09/20/2018 Planning Commission Minutes Dated: 08/16/2018 and 09/20/2018 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No.____, granting a special permit for the location of wireless communication facilities at 115 South 10th Avenue. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On August 16, 2018 the Planning Commission conducted a public hearing to determine whether or not to recommend approval for the location of wireless communication facilities at 115 South 10th Avenue (Parcel #112-253-124). Wireless Communication facilities are regulated in the City by Pasco Municipal Code 25.70.075, as follows: WIRELESS COMMUNICATION FACILITIES. Wireless Communication Facilities are permitted under the following conditions: 1. Such structures shall be permitted in all industrial or C-3 zoning districts Page 23 of 111 provided the location is 500 feet or more from a residential district. Any location closer than 500 feet requires special permit approval. 2. Such structures may be permitted by special permit in all other zoning districts provided said structures are: a. Attached to or located on an existing or proposed building or structure that is higher than thirty- five (35) feet; or b. Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility. 3. All wireless communication facilities shall comply with the following standards: a. Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, strategic location, color, stealth technologies, and/ or other measures to achieve minimum visibility of the facility when viewed from public rights- of-way, and adjoining properties such that a casual observer cannot identify the Wireless Communication Facility. b. Wireless facilities shall be located in the City in the following order of preference: i. Attached to or located on buildings or structures higher than 35 feet. ii. Located on or with a publicly owned facility iii. Located on a site other than those listed in a) or b). c. If an applicant chooses to construct a new freestanding wireless communication facility, the burden of proof shall be on the applicant to show a wireless communication facility located on a higher order of preference site cannot reasonably be accommodated. The city reserves the right to retain a qualified consultant, at the applicant’s expense, to review the supporting documentation for accuracy. 4. All applications for building permits must be accompanied by verification of approval by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) and any other state or federal requirements for tower design and location. Additionally all tower construction plans must be designed and stamped by a licensed professional engineer. 5. All wireless communication facilities shall be removed by the facility owner within 6 months of the date the facility ceases to be operational or if the facility falls into disrepair. Following the conduct of a public hearing the Planning Commission reasoned it would be appropriate to allow for the location of the wireless communication facilities, and recommend approval of the special permit with conditions as contained in the September 20, 2018 staff report. Council considered this item at the October 1, 2018 regular meeting at which time concern was expressed that the proposal did not meet the strict interpretation of the PMC requirements for Wireless Facilities (Initial Staff Findings of Fact #9 in the August 16, 2018 Planning Commission Report). Page 24 of 111 V. DISCUSSION: The August 16, 2018 Planning Commission Report was referencing the original submittal by the applicant. The applicant initially submitted a proposed site plan placing the canisters at the edge of the roof parapet, visible from the streets to the north, south, and west of the building - resulting in Finding #9 described above. The applicant submitted a second and third installation plan eventually resulting in the antennae located in canisters but this time moving them away from the edge of the parapet and toward the middle of the roof to conceal them from view at street level. This plan was considered by the Planning Commission at the regular meeting on September 20, 2018. The 9/20/18 Staff Report resulted in an appropriate Finding as to the determination of compliance with the PMC and as contained in the attached References. Page 25 of 111 VicinityMapItem: Cell Tower in C-1 Zone (Fiesta Foods)Applicant: Sprint Spectrum LPFile #: SP 2018-008SITE0 100 200 300 400 500FeetPage 26 of 111 RESOLUTION NO._______ A RESOLUTION GRANTING A SPECIAL PERMIT FOR THE FOR THE LOCATION OF WIRELESS COMMUNICATION FACILITIES AT 115 SOUTH 10TH AVENUE. WHEREAS, Sprint Spectrum LP submitted an application for the location of a Wireless Communication Facilities at 115 South 10th Avenue (Parcel #112-253-124); and WHEREAS, the Planning Commission held a public hearing on August 16, 2018 to review a Special Permit for the proposed Wireless Communication Facilities; and, WHEREAS, following deliberations on September 20, 2018 the Planning Commission recommended approval of a Special Permit for location of the Wireless Communication Facilities with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Sprint Spectrum LP for Wireless Communication Facilities in a C-1 Zoning district under Master File #SP 2018- 008 with the following conditions: a. The special permit shall apply to Parcel #112-253-124; b. The property shall be developed in substantial conformity with the Modified elevations and site plan submitted with the application; c. The proposed cellular facility must comply with all FCC and FAA regulations; d. The wireless equipment and all its associated ground equipment and appurtenances must be removed within 90 days of discontinuation; e. The special permit shall be null and void if a City of Pasco building permit is not obtained by July 30, 2019. 2. Passed by the City Council of the City of Pasco this 1st day of October, 2018. _______________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ _____________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 27 of 111 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2018-008 APPLICANT: Sprint Spectrum LP HEARING DATE: 08/16/2018 655 Bradford Lane ACTION DATE: 09/20/2018 Idaho Falls, ID 83404 BACKGROUND REQUEST: SPECIAL PERMIT: Location of Wireless Communication Facilities in a C-1 (Retail Business) Zone 1.PROPERTY DESCRIPTION: Legal: The west ½ of block 3 & all of block 4 of Pettit's Addition except a portion deeded to the City (320291) together with all vacated streets & alleys adjoining. General Location: 115 South 10th Avenue (Parcel #112-253-124). Property Size: The parcel is approximately 3 acres; the lease area contains approximately 110 square feet of equipment cabinet area on the ground plus an antenna array consisting of 6 antennae to be mounted at three locations on the roof. 2.ACCESS: The site is accessed from West Lewis Street, West Columbia Street, and South 10th Avenue. 3.UTILITIES: All municipal utilities are currently available to the site. 4.LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business) and contains a grocery store. Surrounding properties are zoned and developed as follows: NORTH: C-1 Commercial/Mixed Residential EAST: C-1 Commercial (Grigg’s) SOUTH: I-1 Fuel Station/Vacant WEST: C-3 Heavy Commerial 2.COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Goal UF-2 suggests the City ought to maintain land use flexibility in regard to placement of infrastructure for public and private utilities. Policy UF-2-A encourages the sound management of all energy and communication utilities through coordination and cooperation dealing with construction of such facilities. Policy UF-2-B encourages the placement of utility substations which are necessary for the surrounding neighborhood. Page 28 of 111 2 3.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non- Significance or Mitigated Determination of Non-Significance is likely for this application (WAC 197-11-355). ANALYSIS Sprint proposes a rooftop cell phone antenna array (concealed in canisters painted to match the building) on the roof of the grocery store located on the property listed above. Sprint will also fence off a 10 X 11’ area behind the building in order to house a power meter and fiber optic connection box. No other modifications will be made to the building or property. The PMC special permit review criteria for wireless facilities are written as follows: 25.70.075 WIRELESS COMMUNICATION FACILITIES. Wireless Communication Facilities are permitted under the following conditions: (1) Such structures shall be permitted in all industrial or C-3 zoning districts provided the location is 500 feet or more from a residential district. Any location closer than 500 feet requires special permit approval. (2) Such structures may be permitted by special permit in all other zoning districts provided said structures are: (a) Attached to or located on an existing or proposed building or structure that is higher than thirty-five (35) feet; or (b) Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility. (3) All wireless communication facilities shall comply with the following standards: (a) Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, strategic location, color, stealth technologies, and/or other measures to achieve minimum visibility of the facility when viewed from public rights-of-way and adjoining properties such that a casual observer cannot identify the Wireless Communication Facility. (b) Wireless facilities shall be located in the City in the following order of preference: Page 29 of 111 3 i) Attached to or located on buildings or structures higher than 35 feet. ii) Located on or with a publicly owned facility iii) Located on a site other than those listed in a) or b). Commonly, cellular providers locate the equipment cabinets within a fenced area surrounding the base of a pole; in this case the ground-level equipment is proposed to be located behind a sight-obscuring fence in the alley behind the building. Typical neighborhood concerns expressed over proposed cell towers in the past have included fear of electromagnetic radio waves and the unsightliness of tall towers within the neighborhood. Under Federal regulations cities are barred from considering electromagnetic radio waves in the permitting process for cell towers. An application for a cell tower cannot be denied based on concern over electromagnetic waves. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is zoned C-1 (Retail Business). 2. The Comprehensive Plan identifies the site for Commercial uses. 3. The site is approximately 3 acres; the lease area contains approximately 110 square feet of equipment cabinet area on the ground plus an antenna array on the roof. 4. The site contains a grocery store. 5. The store roof deck is 25’8” tall and a parapet at 26’8” with a cupola extending up another 20’ or so at the store’s west entrance. 6. The proposed antennae will be mounted on the roof at three locations inside of 36’ diameter “Stealth canisters” painted to match the current building. 7. All municipal utilities currently serve the site. 8. In the C-1 zone cellular facilities may be permitted by special permit provided the tower is either: a. Attached to or located on an existing or proposed building or structure that is higher than thirty-five (35) feet; or Page 30 of 111 4 b. Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility. 9. The proposed antennae are not designed to be attached on the parts of the building that exceed 35’ (i.e., the cupola). As such, the proposal does not meet the strict interpretation of code requirement. 10. Equipment serving the proposed antennae will be located within a sight-obscured 10’ X 11’ fenced area in the alley behind the store to the east. 11. Federal regulations bar the City from considering electromagnetic radio waves in the permitting process for cell towers or denying permits based upon concerns over electromagnetic radio waves. 12. The Comprehensive Plan suggests the City should maintain land use flexibility with regard to placement of infrastructure for public and private utilities. 13. The Comprehensive Plan does not specifically address cellular equipment. 14. Cellular equipment creates minimal demands on City infrastructure. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: (1)Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan does not specifically address cellular equipment. The Comprehensive Plan goal UF-2 and policy UF-2-A discuss the need for sound management and coordination in the location of utilities and community facilities. Policy UT-1-C encourages coordination of utility providers’ functional plans with the City’s land use and utility plans to ensure long term service availability. (2)Will the proposed use adversely affect public infrastructure? The proposed use is a part of the communication network utilized by the general public. The proposed equipment will be located in such a manner so as not to impact other public utilities or services. The proposed use does not require water and sewer. Only one service trip is expected to be generated each month. Page 31 of 111 5 (3)Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The character of the vicinity is a mix of residential, commercial, and industrial uses. (4)Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The areas on all sides are fully developed with a mix of single-family dwelling units, commercial/office buildings, and industrial uses. The antennae would be located in 6 “stealth canisters” in three locations on the roof and painted to match the building. Equipment serving the proposed antennae will be located within a sight-obscured 10’ X 11’ fenced area in the alley behind the store to the east. The Antennae would be visible from the street, parking areas, and from surrounding buildings; the equipment on the ground will be visible from Lewis Street when looking down the alley. (5)Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed cellular equipment will create no fumes, dust or noise during normal operations. Cellular facilities have been located throughout the community in residential, commercial and industrial zones without generating any complaints received by the City. (6)Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way become a nuisance to uses permitted in the district? The proposal is required to be designed by a professional engineer to withstand the forces of nature. The applicant is also required by law to coordinate with the FAA and FCC prior to obtaining a building permit. Radio waves at frequencies utilized by local cellular networks have not been proven to be harmful to human health. Federal law prohibits the City from considering the impacts of radio wave frequencies when reviewing permits for cellular equipment. TENTATIVE APPROVAL CONDITIONS 1) The special permit shall apply to Parcel #112-253-124; 2) The property shall be developed in substantial conformity with the elevations and site plan submitted with the application except as conditioned herein; Page 32 of 111 6 3) The proposed cellular facility must comply with all FCC and FAA regulations; 4) The special permit shall be null and void if a City of Pasco building permit is not obtained by July 30, 2019. RECOMMENDATION MOTION: I move to close the hearing on the proposed Sprint Spectrum antennae and equipment proposal, and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the September 20, 2018 meeting. Page 33 of 111 OverviewMapItem: Cell Tower in C-1 Zone (Fiesta Foods)Applicant: Sprint Spectrum LPFile #: SP 2018-008SITE0 500 1000 1500 2000FeetPage 34 of 111 VicinityMapItem: Cell Tower in C-1 Zone (Fiesta Foods)Applicant: Sprint Spectrum LPFile #: SP 2018-008SITE0 100 200 300 400 500FeetPage 35 of 111 Land UseMapItem: Cell Tower in C-1 Zone (Fiesta Foods)Applicant: Sprint Spectrum LPFile #: SP 2018-0080 100 200 300 400 500FeetMixedRes.CommercialVacantVacantIndustrialMixedComm/ResCommercialMixed Res.SFDUsMixed Res.CommH2OPlantSFDUsComm.SITECommPage 36 of 111 ZoningMapItem: Cell Tower in C-1 Zone (Fiesta Foods)Applicant: Sprint Spectrum LPFile #: SP 2018-0080 100 200 300 400 500FeetR-2C-1C-3I-1C-1R-2R-2R-2C-1R-1SITEC-1R-2R-3C-3C-3Page 37 of 111 Template Version: 4:3GBED1.2Version Date: 01/05/16©2016 Sprint. This information is subject to Sprint policies regarding use and is the property of Sprint and/or its relevant affiliates and may contain restricted, confidential or privileged materials intended for the sole use of the intended recipient. Any review, use, distribution or disclosure is prohibited without authorization.6Sprint Proprietary and Confidential InformationSE90XC383 Fiesta Foods 115 S 10thAveLegendProposed NewSitesExistingOnAirSiteCurrent 1900LTECoverageProposed1900LTECoverageCurrent 1900 LTE Coverage – PascoProposed 1900 LTE Coverage – Pasco Page 38 of 111 REGION MAP SnE ·-Ji. ""a AERIAL MAP OIRECTIOtJS FROM SPOKANE: DEPART W AIRPORT OR TOWARD W AJRPORT OR BEAR LEFT >no THEN TURt.J LEFT or.JTO w AIRPORT OR ~JRIJ RIGHT ONTO S SPOTTED RD rnRtJ LEFT OtJTO W FUGHTl.Jt.JE BLVD ROAO t.Wo1E C..W~GES TO S GROVE RO TAKE RAMP RIGHT FOR 1-90 WEST TOWARD SEAffiE AT El'\IT 220. TAKE RAMP RIGHT FOR •JS-395 SOUTH TO'l'fARO PASCO KEEP STRAIGHT ONTO WA-397 S TURl'J RIGHT ONTO E A ST ROAD t.W11E CHM'JGES TO W A ST TURN RIGHT OtJTO S 10TH AVE ARRNE AT S IOTH AVE JURISDICTION COMPLIANCE ALL WORK SHllU.. BE PERf'ORMEO Ar.JO MATERW..S ll'JSTAU.£0 lf.J olOOOROAtJCE Yl1TH THE CURRENT EDITIOIJS or THE fOLLCll>'ltJG CODES AS M>OPTEO BY THE LOCM. GOYERNIHG A.VTHORITIES. t.JOTHU.JG IN THESE PlAt.JS IS TO BE CONSTRUED TO PERMIT WORK t.JOT COr.Jf"OAlltn.JC TO THESE CODES. 1. 2015 U.JTERNATIOl'JAL 8UllDU.JC CODE 2. AJ.JSl/TIA-222 STRUCTURAL STAtJOARO 3. t.JFP'A 780 -LIGHTHUJG PROlECTIOl'J CODE 4, 201S NATIONAL ELECTRIC<l. COOE @ CALL WASHINGTON ONECllLL (800) 424-SSSS CAIL! WOllKING DA~ BBl'Olll YOU DIG! THE UTILITIES AS SHOWN Ol'J THIS SET Of" ORAWlf.JCS WERE DEVELOPED FROM THE ll'JFORMA.TIOtJ AVAILA8L£. THE ll'Jf'ORMil.TIOtJ PRO'YIDED IS NOT IMPLIED tJOR ltJTENDED TO &E THE COMPLETE IHVEJ'nORY OF UTILITIES lt.J THIS AAEA IT IS THE COHTAACTOR'S AESPONSl81UTY TO VERIFY THE LOCATION Of" & UTILITIES (WHETHER SHOWl'J OR !'JOT) At.JO PROTECT SAID UTILITIES FROM AtJY QAUAGE CAUSED BY COHTRA.CTOR•s ACllVffiES. PROJECT: NEIGHBORHOOD EXPANSION SITE NAME: FIESTA FOODS SITE NUMBER: SP90XC383-A SITE ADDRESS: 115 SOUTH 1 OTH AVENUE PASCO, WA 99301 JURISDICTION: FRANKLIN SITE TYPE: 27' ROOFTOP SIT! SITE ADDRESS: COUNTY: ZONING JURISDICTION: POWER COMPANY: AAY PROVIDER: INFORMATION 115 SOUTH 10TH AVEl'JUE PASCO, WA 99301 FFi'At.JKUf.J FFAt.JKUf.J FRAt.JUf'J PUO TBD TBD BUILDING OWNER: 111) STRUCTURE INFORMATION: LATITUDE: 4e 13' 41.5992" <I {t¥-O 63) -Ml.228222' LONGITUDE: 119' S' S9.9994"W (NAO eJ} _, 19.100000' GROUND ELEVATIOl'I: 380' STRUCTURE HEICHT: 27' AGL STRUCTURE TYPE: ROOflOP ANTENtlA CENTERLINE: J5' AGL APPLICANT: SPR1tJT 6580 SPRlf.JT PARKWAY OVERLAt.JO PARK, KS 86251 SPRINT COHTACT: LAURA BERTEWITTI HEE No. T -1 I TITLE SHEET DRAWING INDEX SHEET TITLE Z-1 IMl'ALL SITE PWI Z-2 ISITE PLAH 2-3 IELEVATIOr.J REV I PLAt.JS PREPARED f'OR:------ lllllOl!ptlt,..._ > °Sprlnt PL.At.JS PREPARED f'OR: ··~·~ 800 I. DOUGtAll RQlll. 1!h R.OCI\ cow. GAllJlll, R. 31134 PL.At.JS PREPARED f'OR: ' <IZOWllllA-1» -.co--.01 ... Hilla _h __ _ PL.At.JS PREPARED B'f: T"-==.~-T...------HIGINEERllJG UCEIJSE:------ D•TE I Irr I REVI (DS RNE> ow.1slrwl 1 IW_J_CD_~_llf\CCI o;1118 I "I o LAURA BERTEWITTIOSPRllJT.COM [ APPLlc.>J'IT SITE t.WdE: MASTEC CONTACT: CHRISTirlE tAl'lDEl'l CHRISTiflE.WIOE<l@h\o\STEC.COM FIESTA FOODS I PHOf~E: 949 • .362.8811 MASTEC Ch!: SEN• t....CEOTTE ~~:.:~~~!~~lj=COOM r··LIOOIT SITE CASCADE: 1 OVALS I PROJ£CT INtoRMATIOH COHSULTING TEAM SP90XC383-A SIGHER CONSTRUCTION t.iA.tlAGER OPERATIOtlS t.IAl'IACER RF EHGINEER LAtU>LDRO SIGNATURE I DATE I • it1STALL (l) CABtrlET I I rSITE, DORESS: AkE FIRM: • INSTALL (1) CONCRETE EQUIPMENT PAO • IHSTA!.L (l) 800/1901) MH2 ANTEtJt~ • INST/.J..L ()) MIMO AtJTENNA.5 • INSTALL (3) 800 MHz RRUs • ll'JSTALL (3) 1900 MHz RRUa • IHSTALL (6) STEALTH AfJIDJt~ SECTOR TRIPOD MOUl'JTS • INSTALL (4) HlBRID CABLES PROJECT IAAt<P.GERS: T-SQUARED SITE SERVICES, LLC 2500 HICHLAt.JO ROAD, SUITE 201 HERt.IITACE, PA, 16148 (724) 308-7855 HOSS COt.JSULTING 420 W. S1H AVENUE OEr./l/ER, 00 80204 303 . .324.0749 corJTACT: ED W.CltJl'J 208.530.9139 11$ S001H 101H A Vl!NUB PASCO, WA99301 owG INFORt1'A ION: OPAWN B'f: DI CHECKED Br: G'llC Page 39 of 111 STRUcruRE INFORMAT10N IS SHOWN FOR IU.USTRA.llVE PURPOSES ONLY. STRUC'T\JRAL ll'llmRrTY OF SUPPORTING STRUCTURES, ANTENNA MOUNTS, AND FOUNDATION SHALL BE VERIFIED ~ ACCEPT.ABLE BY AN ENGINEER CERTIFIED STRUC1'\JRAL ANALY'SlS, UTILIZING THE NEW LOMING REPRESENTED WITlllN TllESE DRAWINGS PRIOR TO THE ElCECUTION OF EQUIPMENT CHANGES CONTAINED IN THESE DRAWINGS. CO~OR S~LL OBTAIN AILL STRUCTURAL REPORTS AND FOLLOW AILL RECOMMENDATIONS. llCTU~ EOUIPMENT LOCATIONS MAY SUGHTlY V/!RY 6'\SED ON FlNAL STRUCT\JRAL ANALYSIS. EJCISTIN~ PROPERTY UNE . > . ,/ I I \ \_ . -- Q "'lb ~; ~ '-..._ROOF AREA----....... '\_ -- a Q . -- __.. _--. _..-~ISTING PROPERrTY UNE OVERALL SITE PIAN ~ _... --. 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STRUC'T\Jf!llL ll'llmRrTY OF SUPPORTING STRUCTURES, ANTENNA MOUNTS, AND FOUNDATION SHALL BE VERIFIED ~ ACCEPT.ABLE BY AN ENGINEER CERTIFIED STRUC1'\JRAL ANALY'SlS, UTILIZING THE NEW LOMING REPRESENTED WITlllN lljESE DRAWINGS PRIOR TO THE ElCECUTION OF EQUIPMENT CHANGES CONTAINED IN THESE Df!llWINGS. CO~OR S~LL OBTAIN fil STRUCTUf!llL REPORTS AND FOLLOW fil RECOMMENDATIONS. llCTU~ EOUIPMENT LOCATIONS MAY SUGHTlY V/!RY 6'\SED ON FlNAL STRUCT\JRAL ANALYSIS. -.........__ROOF AREA-..........._ _.....--ccwcc.111.£ TMYW/IUBRlllITTlll S!I.L.E'.LA!i 10' lllDIE CHAIN '--QllrE -a.me CIBllEI' U./ \ ~~~1~ --~~1~NT I.EASE \ ~ISTING ·r-PROPER'TY LINE 4 1/2" -1·-0· PLANS PREPARED FOR'------. 8580Sprl'ltPskwoy ~ ~5j;;i~t, Pl.ANS PREPARED FOR: "'--- llOOS. DOUGLAS RCWl, 121hR.OOR CORAL GABLES, A. 33134 Pl.ANS PREPARED FOR: I oUOW ... Awn• O.W.r1 CO ID2D4 llOUM.07• HOii -.--........ PLANiS PREPARED : __ ...,,, ... HBM'T-PA MUAI ---ENGINEERING LICENSE'------. 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DRAWING NaTICE' n18'EOOOJMIWISMEOO•IU1BrflW.AM)MEM50tl Pll:flm' Cl' .... JIT .Mii MATNDTalE'MDJCID, DIBMIMTBJCI IEllllmanliDwmtCJUllltt:Ell'llSIWlllTli•aJN51111TCF .. Mr, SUBMITTALS: DESCRIPTION DATE I BY I REVI CDS E\IEl m.:m.1e I TM I 1 IS&EllRltRE\'IEI 0!.15.11 I 1M I D [~PPU;;;:E'FOODS I r·PPUCAN~~~~;~3-A I r SITE ADDRESS: 11S sourn lOTIIAVENUE PASCO, WA 99301 r SHEET DESCRIPTION:=:--! ELEVATIONS I ELEVATIONS DWG INFORM..: ON' [SHEET NUMBER' l I I J/32" -1'-D" I , .: Z-3 Page 42 of 111 Looking NorthPage 43 of 111 Looking NortheastPage 44 of 111 Looking SouthPage 45 of 111 Looking WestPage 46 of 111 SitePage 47 of 111 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2018-008 APPLICANT: Sprint Spectrum LP HEARING DATE: 08/16/2018 655 Bradford Lane ACTION DATE: 09/20/2018 Idaho Falls, ID 83404 BACKGROUND REQUEST: SPECIAL PERMIT: Location of Wireless Communication Facilities in a C-1 (Retail Business) Zone 1.PROPERTY DESCRIPTION: Legal: The west ½ of block 3 & all of block 4 of Pettit's Addition except a portion deeded to the City (320291) together with all vacated streets & alleys adjoining. General Location: 115 South 10th Avenue (Parcel #112-253-124). Property Size: The parcel is approximately 3 acres; the lease area contains approximately 110 square feet of equipment cabinet area on the ground plus an antenna array consisting of 6 antennae to be mounted at three locations on the roof. 2.ACCESS: The site is accessed from West Lewis Street, West Columbia Street, and South 10th Avenue. 3.UTILITIES: All municipal utilities are currently available to the site. 4.LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business) and contains a grocery store. Surrounding properties are zoned and developed as follows: NORTH: C-1 Commercial/Mixed Residential EAST: C-1 Commercial (Grigg’s) SOUTH: I-1 Fuel Station/Vacant WEST: C-3 Heavy Commerial 5.COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Goal UF-2 suggests the City ought to maintain land use flexibility in regard to placement of infrastructure for public and private utilities. Policy UF-2-A encourages the sound management of all energy and communication utilities through coordination and cooperation dealing with construction of such facilities. Policy UF-2-B encourages the placement of utility substations which are necessary for the surrounding neighborhood. 6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Page 48 of 111 2 Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) has been issued for this project under WAC 197- 11-158. ANALYSIS Sprint proposes a rooftop cell phone antenna array (concealed in canisters painted to match the building) on the roof of the grocery store located on the property listed above. Sprint will also fence off a 10 X 11’ area behind the building in order to house a power meter and fiber optic connection box. No other modifications will be made to the building or property. The PMC special permit review criteria for wireless facilities are written as follows: 25.70.075 WIRELESS COMMUNICATION FACILITIES. Wireless Communication Facilities are permitted under the following conditions: (1) Such structures shall be permitted in all industrial or C-3 zoning districts provided the location is 500 feet or more from a residential district. Any location closer than 500 feet requires special permit approval. (2) Such structures may be permitted by special permit in all other zoning districts provided said structures are: (a) Attached to or located on an existing or proposed building or structure that is higher than thirty-five (35) feet; or (b) Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility. (3) All wireless communication facilities shall comply with the following standards: (a) Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, strategic location, color, stealth technologies, and/or other measures to achieve minimum visibility of the facility when viewed from public rights-of-way and adjoining properties such that a casual observer cannot identify the Wireless Communication Facility. (b) Wireless facilities shall be located in the City in the following order of preference: Page 49 of 111 3 i) Attached to or located on buildings or structures higher than 35 feet. ii) Located on or with a publicly owned facility iii) Located on a site other than those listed in a) or b). Commonly, cellular providers locate the equipment cabinets within a fenced area surrounding the base of a pole; in this case the ground-level equipment is proposed to be located behind a sight-obscuring fence in the alley behind the building. Typical neighborhood concerns expressed over proposed cell towers in the past have included fear of electromagnetic radio waves and the unsightliness of tall towers within the neighborhood. Under Federal regulations cities are barred from considering electromagnetic radio waves in the permitting process for cell towers, provided the equipment meets FCC standards. An application for a cell tower cannot be denied based on concern over electromagnetic waves. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is zoned C-1 (Retail Business). 2. The Comprehensive Plan identifies the site for Commercial uses. 3. The site is approximately 3 acres; the lease area contains approximately 110 square feet of equipment cabinet area on the ground plus an antenna array on the roof. 4. The site contains a grocery store. 5. The store roof deck is 25’8” tall and a parapet at 26’8” with a cupola extending up another 20’ or so at the store’s west entrance. 6. The proposed antennae will be mounted on the roof at three locations inside of 36’ diameter “Stealth canisters” painted to match the current building. 7. Subsequent to the public hearing a slightly shorter microwave dish assembly was added, proposed to be located roughly in the center of the three stealth canister locations on the roof. 8. All municipal utilities currently serve the site. 9. In the C-1 zone cellular facilities may be permitted by special permit provided the tower is either: Page 50 of 111 4 a. Attached to or located on an existing or proposed building or structure that is higher than thirty-five (35) feet; or b. Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility. 10. The proposed antennae are not designed to be attached on the parts of the building that exceed 35’ (i.e., the cupola). The applicant has positioned the canisters further toward the center of the roof, thus obscuring them from view of casual passers-by (see attached mock-up photo). The additional microwave dish assembly will also be positioned so as to be mostly obscured from view. 11. Pasco Municipal Code 25.70.075(3)(a) also specifies that antennae be “screened or camouflaged by employing . . . compatible materials, strategic location, color, stealth technologies, and/or other measures to achieve minimum visibility of the facility when viewed from public rights-of-way, and adjoining properties such that a casual observer cannot identify the Wireless Communication Facility.” 12. Equipment serving the proposed antennae will be located within a sight-obscured, 10’ X 11’ fenced area in the alley behind the store to the east. 13. Federal regulations bar the City from considering electromagnetic radio waves in the permitting process for cell towers or denying permits based upon concerns over electromagnetic radio waves. 14. The Comprehensive Plan suggests the City should maintain land use flexibility with regard to placement of infrastructure for public and private utilities. 15. Cellular equipment creates minimal demands on City infrastructure. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: (1)Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan does not specifically address cellular equipment. The Comprehensive Plan goal UF-2 and policy UF-2-A discuss the need for sound management and coordination in the location of utilities and community facilities. Policy UT-1-C encourages Page 51 of 111 5 coordination of utility providers’ functional plans with the City’s land use and utility plans to ensure long term service availability. (2)Will the proposed use adversely affect public infrastructure? The proposed use is a part of the communication network utilized by the general public. The proposed equipment will be located in such a manner so as not to impact other public utilities or services. The proposed use does not require water and sewer. Only one service trip is expected to be generated each month. (3)Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The character of the vicinity is a mix of residential, commercial, and industrial uses. (4)Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The areas on all sides are fully developed with a mix of single-family dwelling units, commercial/office buildings, and industrial uses. The antennae would be located in 6 “stealth canisters” in three locations on the roof and painted to match the building. The canisters would be located far enough back from the edge of the roofline as to hide them from view of most passers-by. A microwave dish antenna was added to the proposal subsequent to the hearing and would be located roughly in the center of the three canister locations. Equipment serving the proposed antennae will be located within a sight- obscured 10’ X 11’ fenced area in the alley behind the store to the east. The Antennae would not be visible from most locations along the street, parking areas, and from surrounding buildings; the equipment enclosure on the ground will be visible from Columbia Avenue when looking down the alley. (5)Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed cellular equipment will create no fumes, dust or noise during normal operations. Cellular facilities have been located throughout the community in residential, commercial and industrial zones without generating any complaints received by the City. (6)Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way become a nuisance to uses permitted in the district? Page 52 of 111 6 The proposal is required to be designed by a professional engineer to withstand the forces of nature. The applicant is also required by law to coordinate with the FAA and FCC prior to obtaining a building permit. Radio waves at frequencies utilized by local cellular networks have not been proven to be harmful to human health. Federal law prohibits the City from considering the impacts of radio wave frequencies when reviewing permits for cellular equipment. APPROVAL CONDITIONS 1) The special permit shall apply to Parcel #112-253-124; 2) The property shall be developed in substantial conformity with the Modified elevations and site plan submitted with the application; 3) The proposed cellular facility must comply with all FCC and FAA regulations; 4) The wireless equipment and all its associated ground equipment and appurtenances must be removed within 90 days of discontinuation; 5) The special permit shall be null and void if a City of Pasco building permit is not obtained by July 30, 2019. RECOMMENDATION MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the September 20, 2018 staff report. MOTION for Recommendation: I move, based on the Findings of Fact and Conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Sprint Spectrum LP for the location of a rooftop cell phone antenna array and its associated ground equipment at 115 South 10th Avenue (Parcel #112-253-124) with conditions as contained in the September 20, 2018 staff report. Page 53 of 111 1 M E M O R A N D U M DATE: September 4, 2018 TO: Planning Commission FROM: Jeffrey B. Adams, Associate Planner SUBJECT: ADDENDUM: Sprint Spectrum Wireless Facility at Fiesta Foods (SP 2018-008; Sprint Spectrum LP) Sprint applied for a Special Permit to place wireless cell antennae on the roof of Fiesta foods, and had submitted three versions of the site plan prior to the public hearing. Since the public hearing Applicant has submitted a fourth site plan (see attached) showing an added microwave antenna, to be located roughly between the three proposed “stealth canisters.” According to the site plan the proposed microwave dish appears shorter than the three stealth canisters and would not add noticeably to the street view of the rooftop equipment. Staff requests the Planning Commission review the addition to see if it represents a substantial alteration of the application. If not it should be seen as part of the recommendation to City Council. Otherwise Applicant shall be required to re-submit the application for another public hearing before the Planning Commission. Page 54 of 111 OverviewMapItem: Cell Tower in C-1 Zone (Fiesta Foods)Applicant: Sprint Spectrum LPFile #: SP 2018-008SITE0 500 1000 1500 2000FeetPage 55 of 111 VicinityMapItem: Cell Tower in C-1 Zone (Fiesta Foods)Applicant: Sprint Spectrum LPFile #: SP 2018-008SITE0 100 200 300 400 500FeetPage 56 of 111 Land UseMapItem: Cell Tower in C-1 Zone (Fiesta Foods)Applicant: Sprint Spectrum LPFile #: SP 2018-0080 100 200 300 400 500FeetMixedRes.CommercialVacantVacantIndustrialMixedComm/ResCommercialMixed Res.SFDUsMixed Res.CommH2OPlantSFDUsComm.SITECommPage 57 of 111 ZoningMapItem: Cell Tower in C-1 Zone (Fiesta Foods)Applicant: Sprint Spectrum LPFile #: SP 2018-0080 100 200 300 400 500FeetR-2C-1C-3I-1C-1R-2R-2R-2C-1R-1SITEC-1R-2R-3C-3C-3Page 58 of 111 Template Version: 4:3GBED1.2Version Date: 01/05/16©2016 Sprint. This information is subject to Sprint policies regarding use and is the property of Sprint and/or its relevant affiliates and may contain restricted, confidential or privileged materials intended for the sole use of the intended recipient. Any review, use, distribution or disclosure is prohibited without authorization.6Sprint Proprietary and Confidential InformationSE90XC383 Fiesta Foods 115 S 10thAveLegendProposed NewSitesExistingOnAirSiteCurrent 1900LTECoverageProposed1900LTECoverageCurrent 1900 LTE Coverage – PascoProposed 1900 LTE Coverage – Pasco Page 59 of 111 REGION MAP SnE ·-Ji. ""a AERIAL MAP OIRECTIOtJS FROM SPOKANE: DEPART W AIRPORT OR TOWARD W AJRPORT OR BEAR LEFT >no THEN TURt.J LEFT or.JTO w AIRPORT OR ~JRIJ RIGHT O"TO S SPOTTED RD rnRtJ LEFT OtJTO W FUGHTlmE BLVD ROAO r.w.1E C..W~GES TO s GROVE RO TAKE RAMP RIGHT FOR 1-90 WEST TOWARO SEAffiE AT El'\IT 220. TAKE RAMP RIGHT FOR •JS-395 SOUTH TO'UARO PASCO KEEP STRAIGHT omo WA-397 s TURl'J RIGHT omo E A ST ROAD t.W11E CHM'JGES TO W A ST TURN RIGHT OtJTO S 10TH AVE ARRNE AT S IOTH AVE JURISDICTION COMPLIANCE ALL WORK SHllU.. BE PERf'ORMEO Ar.JO MATERW..S ll'JSTAU.£0 lf.J olOOOROAtJCE Yl1TH THE CURRENT EDITIOIJS or THE fOLLCll>'ltJG CODES AS M>OPTEO BY THE LOCM. GOYERNIHG A.VTHORITIES. t.JOTHU.JG IN THESE PlAt.JS IS TO BE CONSTRUED TO PERMIT WORK t.JOT COr.Jf"OAlltn.JC TO THESE CODES. 1. 2015 U.JTERNATIOl'JAL 8UllDU.JC CODE 2. AJ.JSl/TIA-222 STRUCTURAL STAtJOARO 3. t.JFP'A 780 -LIGHTHUJG PROlECTIOl'J CODE 4, 201S NATIONAL ELECTRIC<l. COOE @ CALL WASHINGTON ONECllLL (800) 424-SSSS CAIL! WOllKING DA~ BBl'Olll YOU DIG! THE UTILITIES AS SHOWN Ol'J THIS SET Of" ORAWlf.JCS WERE DEVELOPED FROM THE ll'JFORMA.TIOtJ AVAILA8L£. THE ll'Jf'ORMil.TIOtJ PRO'YIDED IS NOT IMPLIED tJOR ltJTENDED TO &E THE COMPLETE IHVEJ'nORY OF UTILITIES lt.J THIS AAEA IT IS THE COHTAACTOR'S AESPONSl81UTY TO VERIFY THE LOCATION Of" & UTILITIES (WHETHER SHOWl'J OR !'JOT) At.JO PROTECT SAID UTILITIES FROM AtJY QAUAGE CAUSED BY COHTRA.CTOR•s ACllVffiES. PROJECT: NEIGHBORHOOD EXPANSION SITE NAME: FIESTA FOODS SITE NUMBER: SP90XC383-A SITE ADDRESS: 115 SOUTH 1 OTH AVENUE PASCO, WA 99301 JURISDICTION: FRANKLIN SITE TYPE: 27' ROOFTOP SIT! SITE ADDRESS: COUNTY: ZONING JURISDICTION: POWER COMPANY: AAY PROVIDER: INFORMATION 115 SOUTH 10TH AVEl'JUE PASCO, WA 99301 FFi'At.JKUf.J FFAt.JKUf.J FRAt.JUf'J PUO TBD TBD BUILDING OWNER: 111) STRUCTURE INFORMATION: LATITUDE: 4e 13' 41.5992" <I {t¥-O 63) -Ml.228222' LONGITUDE: 119' S' S9.9994"W (NAO eJ} _, 19.100000' GROUND ELEVATIOl'I: 380' STRUCTURE HEICHT: 27' AGL STRUCTURE TYPE: ROOflOP ANTENtlA CENTERLINE: J5' AGL APPLICANT: SPR1tJT 6580 SPRlf.JT PARKWAY OVERLAt.JO PARK, KS 86251 SPRINT COHTACT: LAURA BERTEWITTI HEE No. T -1 I TITLE SHEET DRAWING INDEX SHEET TITLE Z-1 IMl'ALL SITE PWI Z-2 ISITE PLAH 2-3 IELEVATIOr.J REV I PLAt.JS PREPARED f'OR:------ lllllOl!ptlt,..._ > °Sprlnt PL.At.JS PREPARED f'OR: ·:-MasTec 800 I. DOUGtAll RQlll. 1!h R.OCI\ cow. GAllJlll, R. 31134 PL.At.JS PREPARED f'OR: ' <IZOWllllA-1» -.co--.01 ... Hilla _h __ _ PL.At.JS PREPARED B'f: T"-==.~-T...------HIGINEERllJG UCEIJSE:------ D•TE I Irr I REVI .......... c:e.31.131.,..,.1 ' lOS '""" 11a.az.1sl rwl 2 ""'"'"" 11w.1slrwl 1 IW_J_CD_~_llf\CCI o;1118 I "I o LAURA BERTEWITTIOSPRllJT.COM [ APPLlc.>J'IT SITE t.WdE: MASTEC CONTACT: CHRtSTirlE tAl'lDEl'l CHRISTiflE.WIOE<l@h\o\STEC.COM FIESTA FOODS I PHOf~E: 949 • .362.8811 MASTEC Ch!: SEN• t....CEOTTE ~~:.:~~~!~~lj=COOM r··LIOOIT SITE CASCADE: 1 OVALS I PROJ£CT INtoRMATIOH COHSULTING TEAM SP90XC383-A SIGHER CONSTRUCTION t.iA.tlAGER OPERATIOtlS t.IAl'IAGER RF EHGINEER LAtU>LDRO SIGNATURE I DATE I • '"STALL (l) CABtflET I I rSITE, DORESS: • ll'JSTA!.L (1) CONCRETE EQUIPMENT PAO • IHSTA!.L (l) 800/1901) MH2 ANTEtJt-!AS • INST/.J..L ()) MIMO AtJTENNA.5 • ll'JSTA!.L (3) 800 MH2 RRUs • ll'JSTALL (3) 1900 MH2 RRUa • IHSTALL (1) 2.' LCICROWi'.VE DISH • INSTALL (4) Hl'BRIO CABLES • ll'JSTALL (6) t.JOt.J-PEt.JETRAlU.JC TRIPOO AtJTENt.ito. MOUtJTS • ll'JSTALL (1) t.JOtJ-PEt.JETRATitJC TRIPOD MICROWAVE MOUt./T • ALL At./TENtJ.\S. RRU~ AtJO ASSOCIAlEO EQUIPMEl'JT TO BE PAlt./TED TO MATCH BUILDltJC EXTERIOR AkE FIRM: PROJECT IAAt<P.GERS: T-SQUARED SITE SERVICES, LLC 2500 HICHLAt.JO ROAD, SUITE 201 HERt.IITACE, PA, 16148 (724) 308-7855 HOSS COt.JSULTING 420 W. S1H AVENUE OEr./l/ER, 00 80204 303 . .324.0749 cor.JTACT: ED W.CltJl'J 208.530.9139 11$ S001H 101H A Vl!NUB PASCO, WA99301 owG INFORt1'A ION: OPAWN B'f: DI CHECKED Br: G'llC Page 60 of 111 STRUCTURE INFORM.\TION IS SHOWN FOR ILLUSTRATIVE PURPOSES ONLY. STRUCTURAL IHTEGRIT'f' Of" SUPPORTING STRUCTURES. ANTENNA MOUNTS. ANO FOUNDATION SHALL BE \'ERIFIED AS ACCEPTABLE B'f ~n EHClt.JEER CERTIFlEO STRUCTUR.\L N.W.YSIS. VTIUZU.JC THE t.JEW LOADING REPRESEf./TEO WITHU.J THESE OR.l.Wlf'JGS PRIOR TO THE EXECUTIOtJ OF EQUIPMEtJT CH'J'JGES CONTAlf.JEO ll'J THESE OAAWltJCS. COl'JTRACTOR SK'd.L OBT>Jf'J All STRUCTURAL REPORTS NJO f"OLLOW ALL RECOUMEHOATIOt.JS. 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GAllJlll, R. 31134 PLAt.JS PREPARED f'OR: ' <IZOWllllA-1» -.co--.,,,. 111111 _h __ _ PL.At.JS PREPARED 8Y: .. ___ ama .. ~~ -==::.=" ---EHGINEERU.JG UCEHSE::------ SUSMITTALS; DESCRIPTIOt.J DATE 9Y REVI I I .......... C8.31.13 ,,. ' lD5 '""" 118.CrZ.18 .. ' """'"" llUUI .. 1 IS9JCD_~_llf\CCI 05.15.18 .. ' r••u;;;::FOODS I [APPL100;~;;~~3-A I rSITE .MlDRESS: US S001H lOlH A Vl!NUB PASOO, WA 99301 crttG l"FOR"I< IOI<: [SHEET r<UM6ER: l g~~~:~= ! Z-1 Page 61 of 111 STRUCTURE INFORM.\TION IS SHOWN FOR ILLUSTRATIVE PURPOSES ONLY. STRUCTURAL IHTEGRIT'f' Of" SUPPORTING STRUCTURES. ANTENNA MOUNTS. ANO FOUNDATION SHALL BE \'ERIFIED AS ACCEPTABLE B'f ~n EHClt.JEER CERTIFlEO STRUCTUR.\L N.W.YSIS. VTIUZU.JC THE t.JEW LOADING REPRESEf./TEO WITHU.J THESE OR.l.Wlf'JGS PRIOR TO THE EXECUTIOtJ OF EQUIPMEtJT CH'J'JGES COHTAlf.JEO ll'J THESE OAAWltJCS. COl'JTRACTOR SK'd.L OBT>Jf'J All STRUCTURAL REPORTS NJO f"OLLOW ALL RECOUMEHOATIOt.JS. ACTUAL EQ•JIPMEIJT LO()l>.TIONS MAY SLIGHTLY VA~ BASED ON m.w_ STRUCTIJR.lt. ..V~Al. l"SIS. EXIST It.JG~ PROPERTY Ll"E . > .. .-.. ,,-. ,,-· I I I \ \._ .. . .-.-··\ \ ,,,-· \..... _,.,,-l(ISTitJC PROPERTY UtJE OVERAii SITE' Pl AH ~ .. -ib ~~ ,.,,-··~·· .,.,,-·· ROPOSED SPRlf./T 2' MICROWAVE DISH MOUt-rnD Ot.J A tJOl'J-PEf.JETRATING TRI-POD MOUfJT \.~ \ ... ~ __ j EXISTll'JC 8UllDU.JC + 1(J2· = 1 '-0" PL.At.JS PREPARED f'OR:------ lllllOl!ptlt,..._ > Sprint PL.At.JS PREPARED f'OR: ·:-MasTec 800 I. DOUGtAll RQlll. 1!h R.OCI\ cow. GAllJlll, R. 31134 PlAt.JS PREPARED f'OR: ' <IZOWllllA-1» -.co--.,,,. 111111 _h __ _ PL.At.JS PREPARED 8Y: .. ___ ama .. ~~ -==::.=" ---EHGINEERU.JG UCEHSE::------ SUSMITTALS; OESCRIPTIOt.J DATE 9Y REVI I I .......... C8.31.13 ,,. ' lD5 '""" 118.CrZ.18 .. ' """'"" llUUI .. 1 IS9JCD_~_llf\CCI 05.15.18 .. ' r••u;;;::FOODS I [APPL100;~;;~~3-A I rSITE .MlORESS: US S001H lOlH A Vl!NUB PASOO, WA 99301 crttG l"FOR"I< IOI<: [SHEET r<UM6ER: l g~~~:~= ! Z-1 Page 62 of 111 STRUCTURE INFORM.\TION IS SHOWN FOR ILLUSTRATIVE PURPOSES ONLY. STRUCTURAL IHTEGRIT'f' Of" SUPPORTING STRUCTURES. ANTENNA MOUNTS. ANO FOUNDATION SHALL BE \'ERIFIED AS ACCEPTABLE B'f ~n EHClt.JEER CERTIFlEO STRUCTUR.\L N.W.YSIS. VTIUZU.JC THE t.JEW LOADING REPRESEf./TEO WITHU.J THESE OR.l.Wlf'JGS PRIOR TO THE EXECUTIOtJ OF EQUIPMEtJT CH'J'JGES COHTAlf.JEO ll'J THESE OAAWltJCS. COl'JTRACTOR SK'd.L OBT>Jf'J All STRUCTURAL REPORTS NJO f"OLLOW ALL RECOUMEHOATIOt.JS. ACTUAL EQ•JIPMEIJT LO()l>.TIONS MAY SLIGHTLY VA~ BASED ON m.w_ STRUCTIJR.lt. ..V~Al. l"SIS. ...______ROOF AAEA----- _. COM Qlllll£ 11W( ·~ IW11IO ~oor AREA--- Sll£..B.Ali ttY'llllE-1.MOllll: \ \ \ ~XISTIIJG \----PROPERIT Ur.Jf: + 112· = 1'-0" PL.At.JS PREPARED f'OR:------ lllllOl!ptlt,..._ > Sprint PL.At.JS PREPARED f'OR: ·:-MasTec 800 I. DOUGtAll RQlll. 1!h R.OCI\ cow. 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ACTUAL EQ•JIPMEIJT LO()l>.TIONS MAY SLIGHTLY VA~ BASED ON m.w_ STRUCT•JR.lt. ..V~Al. l"SIS. -=-~-~':' $ ll'JSTAU. SPRll'JT HJTEt.Jl'JA C.L. 0 El.£V. 35 o :t Ml I\ TOP Of fXISTIHG ROOF ~ =~~~~;:·-e•:t AGL r ~ (S'IDUIN IWNn:D 'IO --~ p p -~ ""'1ilM llOUllT W/W'f ~'IH CMl!D (flW.1Hlll ~ 10 __ __, ~!PDP p $ @ ELEV. 25 -s•± AGL BBBBBBB -r---ONA-1BE-~- w ;=; p p V'-..1 ~ ® qn p p p PL.At.JS PREPARED FOR:------ lllllOl!ptlt,..._ > Sprint PL.At.JS PREPARED FOR: ·:-MasTec 800 I. DOUGtAll RQlll. 1!h R.OCI\ cow. 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SUSMITTALS; OESCRIPTIOt.J .......... lD5 '""" DATE I BY I REVI c:e.31.13 I .iYl'I 3 11a.crz.1sl rwl 2 I"""'"" I '..,..\'I "'I ' IS9JCD!'MPUCCI 05.15.18 DI 0 r••u;;;::FOODS I ON 1llP I [APPL100;~;;~~3-A I L ____________________ _J.lJ __________________ ..1.......1.--'~------------, rSITE .MlC>RESS: NORTH ELEVATION ~1"Sf'MITLDIE ND US S001H lOlH A Vl!NUB PASOO, WA 99301 rHEET OES=~TIONS I crttG l"FOR"I< IOI<: [SHEET r<UM6ER: l I I I o•~"Erf: .. z 3 3/32• = 1 '-o• 1 CHECKED Ert: O<C -ELEYAI!ONS Page 64 of 111 AntennasAreNOTVisibleFromInsideTheRedCircles123Page 65 of 111 Modified Elevation Looking EastPage 66 of 111 Looking NorthPage 67 of 111 Looking NortheastPage 68 of 111 Looking SouthPage 69 of 111 Looking WestPage 70 of 111 SitePage 71 of 111 PLANNING COMMISSION MINUTES 8/16/2018 F. Special Permit Location of Wireless Communication Facilities in a C-1 Zone (Sprint Spectrum LP) (MF# SP 2018- 008) Chairman Myhrum read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application for the location of wireless communication facilities in a C -1 zone. The proposed location is the Fiesta Food Grocery Store. He briefly went over three different stealth options that the Commission could consider with graphics presented on the overhead. Ed Maginn, Hoss Consulting, Idaho Falls, ID spoke on behalf of the applicant. The three options for the antennae were a result of City Staff, an engineer hired by Sprint and Hoss Consulting to see what options would be supported by the existing structure. They went with the option that wasn’t the best for coverage, however, it was the better option for the building and for the community and the most stealth. Stephen Bauman, 7114 Maxim Court, spoke in favor of the application. He said that he appreciated how the company was presenting this application and how they are operating. Commissioner Bykonen discussed the fact that the majority of people have cell phones – often multiple cell phones per home. Cell towers are inevitable and unavoidable. Commissioner Greenaway moved, seconded by Commissioner Bowers, to close the hearing on the proposed Sprint Spectrum antennae and equipment proposals, and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the September 20, 2018 meeting. The motion passed unanimously with Commissioner J. Campos recused. Page 72 of 111 PLANNING COMMISSION MINUTES 9/20/2018 B. Special Permit Location of Wireless Communication Facilities in a C-1 Zone (Sprint Spectrum LP) (MF# SP 2018- 008) Chairperson Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application for the location of wireless communication facilities in a C-1 zone, pointing out one change in the design of the equipment since the previous hearing. The equipment will include a microwave dish rather than the originally proposed cell array and will be less visible than the original design that was submitted. There was dialogue between Chairperson Roach, Commissioner Portugal and staff on the design of the array and then special permitting process moving forward pertaining to the memo that was included in the staff report. Mr. White replied that the array will be smaller and less visible and that there is an option to reopen the public hearing for the new design although that was not recommended by staff. Commissioner Bowers moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the September 20, 2018 staff report. The motion passed unanimously. Commissioner Bowers moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Sprint Spectrum LP for the location of a rooftop cell phone antenna array and its associated ground equipment at 115 South 10 th Avenue (Parcel # 112-253-124) with conditions as contained in the September 20, 2018 staff report. The motion passed unanimously. Page 73 of 111 AGENDA REPORT FOR: City Council September 24, 2018 TO: Dave Zabell, City Manager Zach Ratkai, Administrative & Community Services Director Regular Meeting: 10/15/18 FROM: Dan Dotta, Facilities Division Manager Administrative & Community Services SUBJECT: Boating Facilities Program Grant - Authorizing Resolution I. REFERENCE(S): Proposed Resolution Site Development Plan II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _________, authorizing the Administrative & Community Services Director to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above project for which we seek grant funding assistance managed through the Recreation and Conservation Office. III. FISCAL IMPACT: CIP Funds - $231,000 IV. HISTORY AND FACTS BRIEF: The current lease agreement between the City and the Army Corps of Engineers pertaining to the Pasco Boat Basin extends through 2054. The City has subleased the marina to Columbia Marine Center through 2022, with an option to extend the sublease to 2042. Columbia Marine Center has improved the marina building, added a Pump-out Station and docks to the marina over the last three years through private funding as well as grant monies. This marina is the only one in the region on the Pasco side of the Columbia River. The City is responsible for operation and maintenance of Schlagel Park, which is adjacent to the marina, including the boat launch, which was built by the Army Corps of Engineers in 1975. The condition of the dock and boat launch is poor, with one side Page 74 of 111 of the launch closed due to dangerous conditions. The launch dock has stability issues and is not compliant with federal ADA standards. The restrooms intended to serve the park and boat launch have been closed for more than 15 years due to structural failures. V. DISCUSSION: The Boating Facilities Program Grant, through the State Recreation and Conservation Office (RCO), is open for applications. If this grant is awarded to the City, it would be used to rebuild the boat launch, the boat launch dock and replace the restrooms. This would not only restore the facilities, but also bring these facilities into ADA compliance and insure the facility would be open to all users. RCO will fund the grant up to 75%, with the City of Pasco obligated to the remaining 25%. The total cost of the project estimated at $700,254. Staff recommends applying for the grant with a 70%/30% split of costs to demonstrate the City's commitment to this project. With the 70%/30% split, the grant would reimburse $490,177 and city share would be $210,076 from Capital Improvement Plan Funds. The scope of the proposed grant is consistent with the recently adopted CIP. The proposed resolution authorizes the City to submit the grant application and assures the funding agency, RCO, that the legislative body is supportive of the project and understands the City's obligations with respect to the grant should the grant be awarded. Staff recommends approval of the proposed resolution. Page 75 of 111 Page 1 of 2 RESOLUTION NO. _____________ Marina Boat Launch and Restroom: 18-2355 D A RESOLUTION of the City of Pasco authorizing the person identified below (in section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the Project referenced above; NOW, THEREFORE, BE IT RESOLVED that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above “Project(s).” 2. N. Zach Ratkai, Administrative & Community Services Director is authorized to act as a representative/agent for our organization with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s), and (5) designate a project contact(s) to implement the day-to-day management of the grant(s). 3. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office’s WEBSITE at: https://rco.wa.gov/documents/manuals&forms/SampleProjAgreement.pdf. We understand and acknowledge that if offered a project agreement to sign in the future, it will contain an indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of sovereign immunity (applicable to Tribes) and other terms and conditions substantially in the form contained in the sample project agreement and that such terms and conditions of any signed project agreement shall be legally binding on the sponsor if our representative/agent enters into a project agreement on our behalf. The Office reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the above authorized representative/agent before execution. 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative/agent has full legal authority to enter into a project agreement(s) on its behalf, that includes indemnification, waiver of sovereign immunity (as may apply to Tribes), and stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample project agreement or as may be revised prior to execution. 5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the project agreement, the characteristics of the project, and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative/agent executing the project agreement(s), the RCO may make revisions to its sample project agreement and that such revisions could include the indemnification, the waiver of sovereign immunity, and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the project agreement(s), confer with our authorized representative/agent as to any revisions to the project agreement from that of the sample project agreement. We also acknowledge and accept that if our authorized representative/agent executes the project agreement(s) with any such revisions, all terms and conditions of the executed project agreement (including but not limited to the indemnification, the waiver of sovereign immunity, and the legal venue stipulation) shall be conclusively deemed to be executed with our authorization. Page 76 of 111 Page 2 of 2 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. Our organization acknowledges and warrants, after conferring with its legal counsel, that no additional legal authorization beyond this authorization is required to make the indemnification, the waiver of sovereign immunity (as may apply to Tribes), and the legal venue stipulation substantially in form shown on the sample project agreement or as may be revised prior to execution legally binding on our organization upon execution by our representative/agent. 10. If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. 11. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until the Project is complete. 12. Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the project agreement or an amendment thereto. 13. This resolution/authorization is deemed to be part of the formal grant application to the Office. 14. Our organization warrants and certifies, after conferring with its legal counsel, that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. This Resolution was adopted by our organization during the meeting held at Pasco City Hall Council Chambers on October 15, 2018. Signed and approved on behalf of the resolving body of the organization by the following authorized member(s): _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Daniela Erickson Leland B. Kerr City Clerk City Attorney Washington State Attorney General’s Office Approved as to form ____________________1/19/18_____________________ Assistant Attorney General Date Page 77 of 111 MAKE READYMAKE READYRETURN1OF3Schlagel Park Boat LaunchA site in the City of Pasco, WAProject location map for:Oct 31, 2016Date:0045.00JF Eng. Job #PRELIMINARYSTA T E OFWASHNGTONJ OH N ERICFETTEROLFDERETSIGER38322R E ENIGNELANOI ISSEFORPENGINEERINGPLLCDrawn by: JEF5220 S. Auburn PlKennewick, WA 99337-4553509.551.8174www.JFEngineering.proScale: 1"=100'1A B C D EJF3254768PRISIM #: 16-2716 DEV01001"=100'20VICINITY MAPNTSE LEWIS StE A StUS 395US 39 5 I-182HWY 240E AINSWORTHSITECLOVERISLANDUS 3 9 7GENERAL PROJECT LIMITSNEW BOARDINGFLOATNEW RAMPEXISTING RESTROOM(CLOSED)E. WASHINGTON ST.EXISTING COVERED MOORAGE EXISTING COVERED MOORAGECOLUMBIA RIVERRR TRACKS NEW RAMPPASCOKENNEWICK N 20th AVEW. COURT STNEWRESTROOMPage 78 of 111 AGENDA REPORT FOR: City Council October 5, 2018 TO: Dave Zabell, City Manager Steve Worley, Public Works Director Regular Meeting: 10/15/18 FROM: Dan Ford, City Engineer Public Works SUBJECT: Final Project Acceptance - 2017 Trail Rehabilitation I. REFERENCE(S): Vicinity Map Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Resolution No. _______, accepting work performed by Arrow Concrete and Asphalt Specialties, Inc., under contract for the 2017 Trail Rehabilitation project. III. FISCAL IMPACT: Fund 130 Overlay - $276,359 IV. HISTORY AND FACTS BRIEF: This project consists of rehabilitation to two trail sections, the section starting at Chiawana Park and running east along the Columbia River ending at the intersection of the Ivy Ln. trail and the section that begins near Road 100 and runs east along I-182 ending at Road 44. The project consisted of crack sealing and patching as well as providing a seal coat to help discourage further surface degradation. The project is completed and was constructed to standards. Formal acceptance of the project by the City is required by State law and starts a 45 day waiting period within which an outside vendor, supplier or laborer would have an opportunity to file a claim against this project pursuant to RCW 60.28.011 (2). After 45 days the retainage being held by the City can be released once the City has received the following documents: Page 79 of 111 • An affidavit of no liens • A release from the Department of Revenue that all taxes have been paid • A release from any claims from the Department of Labor and Industries, pursuant to RCW 60.28.051 V. DISCUSSION: Staff recommends City Council's acceptance of the project as constructed by Arrow Concrete & Asphalt Specialties, Inc. Page 80 of 111 References ‐‐‐ Project Trail 2017 TRAIL REHABILITATION – CHIAWANA TRAIL VICINITY MAP BEGIN CHIAWANA TRAIL ‐0+00 Page 81 of 111 References ‐‐‐ Project Trail 2017 TRAIL REHABILITATION – I‐182 TRAIL VICINITY MAP BEGIN I‐182 TRAIL ‐ 0+00 Page 82 of 111 RESOLUTION NO. _______ A RESOLUTION ACCEPTING WORK PERFORMED BY ARROW CONCRETE AND ASPHALT SPECIALT IES, INC., UNDER CONTRACT FOR THE 2017 TRAIL REHABILITATION PROJECT. WHEREAS, the work performed by Arrow Concrete and Asphalt Specialties, Inc., under contract for the 2017 Trail Rehabilitation project has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering’s recommendation that the City of Pasco formally accept the contractor’s work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering’s recommendation and thereby accepts the work performed by Arrow Concrete and Asphalt Specialties, Inc., under contract for 2017 Trail Rehabilitation project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Director. PASSED by the City Council of the City of Pasco this 15th day of October, 2018. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Daniela Erickson Leland B. Kerr City Clerk City Attorney Page 83 of 111 AGENDA REPORT FOR: City Council October 5, 2018 TO: Dave Zabell, City Manager Steve Worley, Public Works Director Regular Meeting: 10/15/18 FROM: Dan Ford, City Engineer Public Works SUBJECT: Final Project Acceptance - WWTP Immediate Needs Electrical Improvements I. REFERENCE(S): Vicinity Map Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Resolution No. ______, accepting work performed by Northpoint Electrical Contracting, Inc., under contract for the WWTP Immediate Needs Electrical Improvements project. III. FISCAL IMPACT: 2017 Sewer Revenue Bond - $151,685 IV. HISTORY AND FACTS BRIEF: Consultant MurraySmith identified three (3) primary high impact/low cost operational enhancements whose implementation would increase the Wastewater Treatment Plant (WWTP) capacity. Those three enhancements were: Chemically Enhanced Primary Treatment (CEPT), Intermediate Clarifier Modifications, and Trickling Filter Modifications. These immediate needs were executed in three (3) phases: Structural, Mechanical, and Electrical Improvements. The WWTP Immediate Needs Electrical Package is the third and final segment of the project, which brings all work for the immediate needs project to a conclusion. Specifically, the electrical package provides the necessary installation of wiring, conduit, VFD's, switches, junction boxes, and controls, designed to aid in the increase of plant capacity. The project is completed and was constructed to standards. Page 84 of 111 Formal acceptance of the project by the City is required by State law and starts a 45 day waiting period within which an outside vendor, supplier or laborer would have an opportunity to file a claim against this project pursuant to RCW 60.28.011 (2). After 45 days the retainage being held by the City can be released once the City has received the following documents: • An affidavit of no liens • A release from the Department of Revenue that all taxes have been paid • A release from any claims from the Department of Labor and Industries, pursuant to RCW 60.28.051 V. DISCUSSION: Staff recommends City Council's acceptance of the project as constructed by Northpoint Electrical Contracting, Inc. Page 85 of 111 Page 86 of 111 RESOLUTION NO. _______ A RESOLUTION ACCEPTING WORK PERFORMED BY NORTHPOINT ELECTRICAL CONTRACTING, INC., UNDER CONTRACT FOR THE WASTEWATER TREATMENT PLANT IMMEDIATE NEEDS ELECTRICAL IMPROVEMENTS PROJECT. WHEREAS, the work performed by Northpoint Electrical Contracting, Inc., under contract for the Wastewater Treatment Plant Immediate Needs Electrical Improvements project has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering’s recommendation that the City of Pasco formally accept the contractor’s work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering’s recommendation and thereby accepts the work performed by Northpoint Electrical Contracting, Inc., under contract for Wastewater Treatment Plant Immediate Needs Electrical Improvements project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Director. PASSED by the City Council of the City of Pasco this 15th day of October, 2018. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Daniela Erickson Leland B. Kerr City Clerk City Attorney Page 87 of 111 AGENDA REPORT FOR: City Council July 6, 2018 TO: Dave Zabell, City Manager Regular Meeting: 10/15/18 FROM: Bob Metzger, Police Chief Police Department SUBJECT: Electronic Traffic Control I. REFERENCE(S): Proposed Redflex Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the contract with Redflex for the placement of traffic control camera's at the authorized intersections and authorize the City Manager to sign the agreement. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On August 8, 2018 Council approved the use of electronic traffic control on two intersections in the City of Pasco; 20th and Court, and 68th and Burden. Following that decision staff is recommending a vendor for this project. V. DISCUSSION: Staff has been reviewing possible vendors over the past year and has kept council informed on this. What has not yet been completed is a contract with the recommended vendor. Attached to this report is the proposed contract from the recommended vendor, Redflex. This contract is for a three year period but it does allow for an early termination. If Page 88 of 111 terminated early the city would be responsible for a pro-rata share of the costs of the installed equipment. This rate is determined on a month to month basis so at any time if the city decides to discontinue this vendor, or the entire program, the city would be responsible for the entire cost, minus the pro-rata share of time left on the contract. For example, if the city decided to stop the program after one year the city would pay 1/3 of the total cost of the equipment installed at the two intersections. A representative from Redflex will be in attendance to provide a brief presentation to address questions that arose during the previous workshop and to answer further questions of the Council as to operation of the equipment and system. Staff will be prepared to answer any additional questions council would have on either the vendor or the contract. Page 89 of 111 EXCLUSIVE AGREEMENT BETWEEN THE CITY OF PASCO, WASHINGTON AND REDFLEX TRAFFIC SYSTEMS, INC. FOR AN AUTOMATED PHOTO ENFORCEMENT PROGRAM This Agreement (this “Agreement”) is made this ______ day of ____________________ 20_____ (“Effective Date”) between Redflex Traffic Systems, Inc., a Delaware Corporation (“Redflex”), and the City of Pasco, Washington, a municipal corporation (the “City” and/or the “City”) (each a “Party” and collectively, the “Parties”), for an Automated Photo Enforcement Program. RECITALS A. Violations of Wash. Rev. Code §§ 46.61.050 and 46.61.055, and local ordinances of the Pasco Municipal Code for failing to stop for a red light or failing to obey a red arrow, have been shown to pose a significant risk to life and property. B. It is the objective of the Automated Photo Enforcement Program to reduce the incidents of vehicle collisions at the traffic intersections that are subject to the Program; C. Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to the Automated Photo Enforcement Program; and D. On or about September 1, 2017, the National Cooperative Purchasing Alliance (“NCPA”) awarded Redflex the Traffic Control, Enforcement, & Signal Preemption Equipment contract to allow NCPA member agencies the opportunity to procure photo enforcement equipment; E. As an NCPA member agency, the City desires to procure photo enforcement services through the NCPA; and F. The City desires that Redflex furnish and Redflex desires to furnish all equipment, licenses, applications and back office processing related to the Automated Photo Enforcement Program, including digital traffic enforcement cameras and equipment for the monitoring and enforcement of laws regulating traffic signals. The Parties accordingly agree as follows: AGREEMENT 1. DEFINITIONS. In this Agreement, the words and phrases capitalized below shall have the following meanings: 1.1. “Authorized Employee” means the Project Manager or such other individual(s) as the City shall designate to review Potential Violations and to authorize the issuance of Citations. 1.2. “Authorized Violation” means each Potential Violation in the Violation Data for which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized Employee by using the Redflex System. 1.3. “Automated Photo Enforcement Program” or “the Program” are interchangeable and synonymous and mean the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and sensor arrays which, collectively, are capable of detecting Violations and recording Violation Data in the form of photographic images of motor vehicles. 1.4. “Business Rules” means the set of rules, guidelines, structures and methods of operation that define specific operational components of the Program. 1.5. “Citation” means the notice of a Violation, which is mailed or otherwise delivered by Redflex on behalf of the City to the violator on the appropriate Enforcement Documentation for each Authorized Violation. 1.6. “Confidential or Private Information” means, with respect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected Page 90 of 111 with such Person’s business or methods of operation or concerning any of such Person’s suppliers, licensors, licensees, customers or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but not limited to: 1.6.1. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or customers, or at which such Person sells or has sold its services; and 1.6.2. Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term “trade secrets” shall have the meaning provided under Washington law. 1.6.3. Notwithstanding the foregoing, Confidential Information will not include information that: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of a Party in breach of this Agreement, (iii) was lawfully disclosed to a Party by a person other than a Party, (iv) was required by a court of competent jurisdiction to be disclosed, or (v) was required by applicable state law to be disclosed. 1.7. “Designated Intersection Approaches” means the Intersection Approaches that the Parties mutually agree on from time to time. See Exhibit A for the number of approaches. 1.8. “Electronic Signature” means the method through which the Authorized Employee indicates his or her approval of the issuance of a Citation for a Potential Violation using the Redflex System. 1.9. “Enforcement Documentation” means the necessary and appropriate documentation related to the Program, including but not limited to warning letters, Citation notices (using the specifications of the applicable court(s) and the City, a numbering sequence for use on all citation notices (in accordance with applicable court rules), instructions to accompany each issued Citation (including in such instructions a description of basic court procedures, payment options and information regarding the viewing of images and data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Citations (including for coordinating with the applicable vehicle registry), and technical support documentation for applicable court and judicial officers. 1.10. “Equipment” means any and all approach cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the Program. 1.11. “Fine” means a monetary sum assessed for a Citation, including but not limited to bail forfeitures, but excluding suspended fines. 1.12. “Governmental Authority” means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any of the foregoing. 1.13. “Installation Date” means the date on which Redflex completes the construction and installation of all Intersection Approaches, approved by the Parties as part of the Initial Installation Group (defined in Exhibit “B”) and has completed the Warning Period in accordance with the terms of this Agreement so that the Intersection Approaches are fully operational for the purposes of functioning with the Program. 1.14. “Intellectual Property” means, for any Person, any and all now known or later known tangible and intangible (a) rights associated with works of authorship throughout the world, including but not limited to copyrights and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other intellectual or industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues in force (including any rights in any of the foregoing), of such Person. Page 91 of 111 1.15. “Intersection Approach” means a conduit of travel with up to four (4) contiguous lanes from the curb (e.g., northbound, southbound, eastbound or westbound) on which at least one (1) system has been installed for the purposes of facilitating the Program by the City. 1.16. “Lost Profits” means profits that would have been received by a Party had the other Party fully performed this Agreement, including, but not limited to (a) revenues that would have been received by the City on account of Citations that might have been issued during periods in which the Redflex System was not functioning properly, and (b) amounts that must be refunded or disgorged by the City due to Fines collected as a result of an improper or invalidly issued Citation. 1.17. “Operational Period” means the period of time during the Term, commencing on the Installation Date, during which the Program is functional in order to permit the issuance of Citations using the Redflex System. 1.18. “Person” means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association. 1.19. “PLATESCAN® System” means the license plate scanning system of Redflex. 1.20. “Potential Violation” means for any motor vehicle passing through a Designated Intersection Approach, the data collected by the Redflex System concerning such motor vehicle, which data shall be processed by the Redflex System for the purposes of allowing the Authorized Employee to review such data and determine whether a traffic violation has occurred. 1.21. “Project Manager” means the project manager appointed by the City in accordance with this Agreement, which shall be an Authorized Employee and shall be responsible for overseeing the installation of the Redflex System at the Designated Intersection Approaches and the implementation of the Program, and which manager shall have the power and authority to make management decisions relating to the City’s obligations pursuant to this Agreement, including but not limited to change order authorizations. 1.22. “Proprietary Property” means for any Person, any written or tangible property owned or used by such Person in connection with such Person’s business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices. 1.23. “Redflex Marks” means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to the Program at any time during the Term, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any of the foregoing. 1.24. “Redflex Project Manager” means the project manager appointed by Redflex in accordance with this Agreement, who shall be responsible for overseeing the construction and installation of the Redflex System and related equipment at the Designated Intersection Approaches and the implementation and ongoing services of the Program, and who shall have the power and authority to make day-to-day management decisions relating to Redflex’s obligations pursuant to this Agreement; provided, however, the Redflex Project Manager does not have the authority to authorize change orders without additional Redflex approvals. 1.25. “Redflex System” means, collectively, the Salus® System, SMARTcam® System, the SMARTscene® System, REDFLEXred® System, REDFLEXradar®” System, SMARTops® System, Alcyon System, HALO, the Program, and all of the other equipment, applications, software, hardware, back office processes, servers, off-site backup systems, cameras, sensors, components, motor vehicles and other related tangible and intangible property, to enable Redflex to enforce a minimum of one lane of travel at a designated location. 1.26. “REDFLEXradar®” means the detection and tracking system of Redflex relating to the Program. 1.27. “REDFLEXrail® System” means the proprietary digital railroad grade crossing photo enforcement system of Redflex. 1.28. “REDFLEXred® System” means the proprietary digital red light photo enforcement system of Redflex relating to the Program. Page 92 of 111 1.29. “REDFLEXslimline® System” means the proprietary photo enforcement system of Redflex. 1.30. “Salus® System” means the proprietary software that controls the systems of Redflex relating to the Program. 1.31. “REDFLEXspeed® System” means the proprietary speed enforcement system of Redflex. 1.32. “REDFLEXstop® System” means the proprietary stop sign enforcement system of Redflex. 1.33. “SMARTcam® System” means the proprietary software system that controls the systems of Redflex relating to the Program. 1.34. “Alcyon System” means the proprietary back-office processes of Redflex relating to the Program. 1.35. “SMARTscene® System” means the proprietary digital video camera unit, hardware and software required for providing supplemental violation data relating to the Program. 1.36. “Traffic Signal Controller Boxes” means the signal controller interface and vehicle detection owned and operated by the City. This includes the City’s traffic controller, the City’s vehicle detection equipment, the City’s communication equipment, and the City’s controller cabinet. 1.37. “Violation” means any traffic violation as provided for in any applicable rule, regulation or law of any other Governmental Authority, including but not limited to operating a motor vehicle contrary to traffic signals, and operating a motor vehicle without displaying a valid license plate or registration. 1.38. “Violation Criteria” means the standards and criteria by which Potential Violations will be evaluated by Authorized Employees of the City, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. Should physical criteria change which requires additional modification to the Program or its detection equipment, any costs incurred in connection with such modifications shall be the responsibility of the City. 1.39. “Violations Data” means the images and other Violations data gathered by the Redflex System at the Designated Intersection Approaches. 1.40. "Warning Period" means the period of time after the installation and activation of the first Designated Intersection Approach during which period only warning notices shall be issued for a period of thirty (30) days, unless otherwise agreed to by the Parties. 2. TERM. The term of this Agreement shall commence on the Installation Date and continue for a period of three (3) years, unless terminated earlier as provided for in this Agreement (“Initial Term”). The Initial Term shall automatically renew for up to two (2) additional consecutive one (1) year time periods (each a “Renewal Term”). The Initial Term together with each exercised Renewal Term is collectively the “Term.” Each Renewal Term shall automatically and without any required notice or action be deemed to have been exercised unless the City provides written notice to Redflex in accordance with Section 9 of its election not to extend at least thirty (30) days prior to the expiration of the Initial Term or the applicable Renewal Term. In its sole discretion the City may elect not to extend under this Section. 3. SERVICES. Redflex shall provide the following services in connection with the Program [such services, including those outlined in Exhibits B and C are subject to change based on local and State law]: 3.1. INSTALLATION. With respect to the construction and installation of the Designated Intersection Approaches and the installation of the Redflex System at such Designated Intersection Approaches, the City and Redflex shall have the respective rights and obligations set forth on Exhibit B. 3.2. MAINTENANCE. With respect to the maintenance of the Redflex System at the Designated Intersection Approaches, the City and Redflex shall have the respective rights and obligations set forth on Exhibit C. 3.3. VIOLATION PROCESSING. During the Operational Period, Violations shall be processed as follows: 3.3.1. All Violations Data shall be stored on the Redflex System; Page 93 of 111 3.3.2. The Redflex System shall process Violations Data gathered from the Designated Intersection Approaches into a format capable of review by the Authorized Employee via the Redflex System; 3.3.3. The Redflex System will be accessible by Authorized Staff through a secure and encrypted connection by use of a confidential user account on a computer equipped with a high- speed Internet connection and an approved web browser; 3.3.4. Within six (6) days after gathering the Violations Data from the applicable Designated Intersection Approach, Redflex shall provide the Authorized Employee with access to the Redflex System for the purposes of reviewing the pre-processed Violations Data; 3.3.5. The City shall cause the Authorized Employee to review the Violations Data and to determine whether a Citation shall be issued with respect to each Potential Violation captured within such Violations Data, and transmit each such determination in the form of an Electronic Signature to Redflex using the software or other applications or procedures provided by Redflex on the Redflex System for such purpose. REDFLEX ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE’S SOLE DISCRETION (A “CITATION DECISION”), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION DECISION; 3.3.6. For each Authorized Violation, Redflex shall print and mail a Citation after Redflex’s receipt of such authorization; provided, however, during the Warning Period, only warning violation notices shall be issued for all Authorized Violations; 3.3.7. Redflex shall provide a toll-free telephone number for the purposes of answering citizen inquiries; 3.3.8. Redflex shall permit the Authorized Employee to generate reports using the Redflex Standard Report System; 3.3.9. Upon Redflex’s receipt of a written request from the City and in addition to the Standard Reports, Redflex will provide, without cost to the City, access to a reporting tool to allow the City to generate reports; 3.3.10. During the six (6) month period following the Installation Date and/or upon Redflex’s receipt of a written request from the City at least fourteen (14) calendar days in advance of a court proceeding, Redflex shall provide at its expense expert witnesses for use by the City in prosecuting Violations; provided, however, the City shall use reasonable best efforts to seek judicial notice in lieu of requiring Redflex to provide such expert witnesses. After the initial six (6) month period, the City shall be obligated to reimburse Redflex for the cost of expert witnesses provided at the City’s request. 3.3.11. During the three (3) month period following the Installation Date, Redflex shall provide training to City personnel as shall be reasonably necessary to allow City personnel to act as expert witnesses on behalf of the City. 3.4. RECORDS RETENTION. Redflex shall retain Violations Data in accordance with all applicable law as outlined in the Business Rules. 3.5. PROSECUTION AND COLLECTION; COMPENSATION. The City shall diligently prosecute Citations and the collection of all Fines related to the Citations. Redflex shall have the right to receive, and the City shall be obligated to pay Redflex, the compensation set forth on Exhibit D. On no less than a monthly basis and no later than the 15th calendar day following the end of the previous month, the City shall provide to Redflex a report, in a format to be mutually agreed to between the Parties and without cost to Redflex, regarding the Fines and monies collected that are attributable to the Program so that the Parties may comply with the cost neutrality provisions set forth on Exhibit “D” attached hereto and incorporated by reference into this Agreement. 3.6. TAXES . Where obligated by applicable law, Redflex shall timely pay all taxes relating to or arising out of the Program. Unless otherwise indicated, the City agrees to pay any applicable taxes including but not limited to use, property or sales taxes required at the municipal, county, state or any other taxing authority level on all applicable consumer services and materials purchased and/or leased. No charge by the City shall be made for federal excise taxes and City agrees to furnish Redflex with an exemption certificate where appropriate for any applicable Page 94 of 111 sales and/or use taxes. For the avoidance of doubt, it is the Parties intent that this Agreement does not alter the tax liability of either Party under the applicable law. 3.7. OTHER RIGHTS AND OBLIGATIONS. In addition to all of the other rights and obligations set forth in this Agreement, Redflex and the City shall have the respective rights and obligations set forth on Exhibit E. 3.8. CHANGE ORDERS. 3.8.1. The City may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice to Redflex, setting forth in reasonable detail the proposed changes (a “Change Order Notice”). Upon Redflex’s receipt of a Change Order Notice, Redflex shall deliver a written statement describing the cost, if any (the “Change Order Proposal”). The Change Order Proposal shall include (i) a detailed breakdown of the charge and any schedule impact, (ii) a description of any resulting changes to the specifications and obligations of the Parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the City. Following the City’s receipt of the Change Order Proposal, the Parties shall negotiate in good faith and agree in writing to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change requested within one year of the Effective Date involves only the addition of equipment or services to the existing Designated Intersection Approaches, to the maximum extent applicable, the pricing terms set forth in Exhibit D shall govern. Any failure of the Parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement provided each Party acted in good faith. 3.8.2. In the event that the change outlined in the Change Order Notice and the Change Order Proposal, and approved by the Parties, concerns moving an installed Redflex System to a new Designated Intersection Approach, then the City shall be responsible for the costs associated with the removal and reinstallation of the Redflex System and the Term of this Agreement shall be extended by the number of days equal to the period of time in which the Redflex System at issue is inactive, if that period of time is fourteen (14) or more calendar days, unless the City chooses to continue paying the Fixed Monthly Fee , as outlined in Exhibit D, during such period of time. 3.9. ROAD REPAIRS AND CONSTRUCTION PROJECTS. The Fixed Monthly Fee to be paid will not be affected by any road repairs, street improvements or stop work order at any Designated Intersection Approach. 3.10. ANNUAL REPORT. On an annual basis, the City shall report, on the City’s website, the number of traffic accidents that occurred at each Designated Intersection Approach, as well as the number of notices of infraction issued for each camera and any other relevant information about the Program that the City deems appropriate. 3.11. FUTURE SERVICES. If Washington law allows, now or in the future, a Governmental Authority to suspend the ability to register a vehicle, as controlled by the Washington Department of Transportation, for Persons with delinquent or unpaid fines, whether criminal or civil, upon mutual agreement the Parties have the option to mutually agree to execute an amendment to this Agreement for Redflex to provide the City certain automated scofflaw services under its ASP and ASP2 Programs, as applicable, to implement such law. 4. LICENSE; RESERVATION OF RIGHTS. 4.1. LICENSE. Subject to the terms and conditions of this Agreement, Redflex grants the City, and the City accepts from Redflex, a non-exclusive, non-transferable license during the Term to: (a) solely within the City, access and use the Redflex System for the sole purpose of reviewing Potential Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any related content posted on the Redflex System, (b) disclose that Redflex is providing services to the City in connection with Program pursuant to the terms of this Agreement, and (c) use and display the Redflex Marks on or in marketing, public awareness Page 95 of 111 or education, or other publications or materials relating to the Program, so long as any and all such publications or materials are approved in advance by Redflex. 4.2. RESERVATION OF RIGHTS. The City acknowledges and agrees that: (a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related Equipment, (b) the City neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of the City pursuant to this Agreement, the City shall gain no additional right, title or interest. 4.3. RESTRICTED USE. The City covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or Redflex’s goodwill, (d) use any trademarks or other marks other than the Redflex Marks in connection with the City’s use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or (e) disassemble, de-compile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex Program, including but not limited to any Equipment, or to any Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any of the foregoing. 4.4. PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The City shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any registrations or filings with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex. 4.5. INFRINGEMENT. The City shall give Redflex prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates or potentially infringes or violates the Redflex Marks or any of Redflex’s Intellectual Property or that constitute or potentially constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce its rights to protect its Marks and Intellectual Property and to make settlements relating to its Marks and Intellectual Property. In the event that Redflex commences any enforcement action relating to its Marks or Intellectual Property, the City shall provide Redflex with any reasonable and lawful cooperation and assistance that Redflex requests. Redflex shall be entitled to any damages or other monetary amount that might be awarded provided that prior to deduction of Redflex’s actual costs and attorney’s fees; Redflex shall reimburse the City for any reasonable costs incurred in providing such cooperation and assistance. 4.6. INFRINGING USE. The City shall give Redflex prompt written notice of any action or claim, whether threatened or pending, against the City alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the City shall provide to Redflex reasonable cooperation and assistance as is requested by Redflex; provided, that Redflex shall reimburse the City for its reasonable costs incurred in providing such cooperation and assistance. If Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the City the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items. 4.7. UNAUTHORIZED REFERENCES TO REDFLEX. The City shall not utilize, make use of and/or make any reference to Redflex, its name or likeness, its affiliated, parent or subsidiary companies or corporations, its logos, insignias, trademarks, trade names, brand, websites, property, assets, products or services, including, but not limited to: “PLATESCAN® System”; “REDFLEXradar® System”; “REDFLEXrail® System”; “REDFLEXred® System”; “REDFLEXslimline® System”; “REDFLEXspeed® System”; “REDFLEXstop® System”; “Redflex Student Guardian® System”; “Salus® System”; “SMARTcam® System”; Page 96 of 111 “SMARTops® System”; “SMARTscene® System”; and/or and any and all combinations, variants and derivatives of the foregoing, for any reason or purpose without the prior written approval of Redflex which may be withheld, denied, delayed, rejected and/or refused, by Redflex in its sole discretion. This Section shall not prohibit the City from releasing information it is required to release under the Public Records Act, Chapter 42.56 RCW. 5. REPRESENTATIONS AND WARRANTIES. 5.1. REDFLEX REPRESENTATIONS AND WARRANTIES. 5.1.1. Authority. Redflex warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations. 5.1.2. Professional Services. Redflex warrants and represents that any and all services that it provides pursuant to this Agreement shall be performed in a professional and workmanlike manner and in compliance with applicable law and by agreed upon specifications. 5.2. CITY REPRESENTATIONS AND WARRANTIES. 5.2.1. Authority. The City warrants and represents that the purchasing program it has relied upon in entering into this Agreement, National Cooperative Purchasing Alliance (“NCPA”), is an approved cooperative purchasing program, and the City has all legal right, power and authority to execute and deliver this Agreement and perform its obligations. The City warrants and represents that it has complied with all applicable laws and regulations in entering into this Agreement, including State and Local procurement laws, and will comply with all applicable laws and regulations in performing under this Agreement. 5.2.2. Professional Services. The City warrants and represents that any and all services that it provides pursuant to this Agreement shall be performed in a professional and workmanlike manner and in compliance with applicable law and by agreed upon specifications. 5.3. LIMITED WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, INCLUDING ANY MAINTENANCE OBLIGATIONS SET FORTH IN SECTION 3.2, REDFLEX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR ANY RELATED EQUIPMENT OR SOFTWARE, OR WITH RESPECT TO THE RESULTS OF THE PROGRAM. 6. TERMINATION. 6.1. TERMINATION: Either Party shall have the right to terminate this Agreement by written notice to the other Parties if (i) state statutes are amended or otherwise changed to prohibit or substantially change the operation of the Program; (ii) the highest appellate court for the State of Washington rules that the Violations Data are inadmissible in evidence; or (iii) another Party commits a material breach of this Agreement. In the event of a breach pursuant to (iii) above, the breaching Party shall have the right to remedy or cure the material breach within forty-five (45) calendar days (or within such other time period as the Parties shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after receipt of written notice from the terminating Party setting forth in reasonable detail the facts giving rise to the material breach. Termination of this Agreement based upon an alleged material breach shall not be enforceable or effective unless the terminating Party mails written notice to the breaching Party not less than forty-five (45) calendar days before the termination date and provides to the breaching Party the opportunity to remedy or cure the breach within the time period provided above. The right to terminate this Agreement shall be without prejudice to any other right or remedy of any Party with respect to the breach concerned (if any) or any other breach of this Agreement except as otherwise provided in this Agreement. 6.2. TERMINATION FOR NON-APPROPRIATION. Notwithstanding any provision to the contrary, if the City is unable to appropriate funds to fulfill its obligations under this Agreement, the City shall give written notice to Redflex not less than thirty (30) days prior to the end of the fiscal year for which funds have already been appropriated, together with a financial statement showing the inability to appropriate funds for the next fiscal year, and this Agreement shall terminate at the Page 97 of 111 end of the fiscal year in which notice is given. the City shall use all reasonable efforts to ensure appropriated funds are available to satisfy the City’s obligations under this Agreement. 6.3. TERMINATION FOR CONVENIENCE. Either Party may terminate this Agreement upon 30 business days’ written notice to the other Party of its intent to terminate this Agreement. If the City chooses to exercise its option to terminate the Agreement for convenience, the City shall pay to Redflex an amount equal to the unamortized costs of the direct labor and direct material costs, and capitalized costs, associated with the installation of all Intersection Approaches installed pursuant to the terms of this Agreement based upon a three (3) year, month by month amortization schedule for each Intersection Approaches (referred to as the “Approach 3-Year Amortization Schedule”). This Approach 3-Year Amortization Schedule shall commence as of the “Go Live” date of each Intersection Approach. Redflex shall provide the City an itemized estimate prior to the installation of an Intersection Approach reflecting the cost of labor and direct material costs. Following the installation of each Intersection Approach, Redflex shall provide an itemized statement, with supporting invoices and labor expense documentation, to the City of the amount of direct labor costs and direct material costs solely associated with the installation of an Intersection Approach. 6.4. PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relieve either Party of any liability that accrued before termination. Except as set forth in Section 6.4, upon the termination of this Agreement, all of the provisions of this Agreement shall terminate and: 6.4.1. Redflex shall: (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the Program, provided, however, that, at its option, Redflex may continue to process data collected prior to the date of termination related to Potential Violations for the purpose of enabling the City to determine whether a Violation has occurred, and may continue to print and mail Citations based on such data; (ii) promptly deliver to the City any and all Proprietary Property or Confidential Information of the City provided to Redflex pursuant to this Agreement, except for any information necessary for Redflex, at its option, to process pre-termination data in accordance with the preceding clause (i); (iii) promptly deliver to the City a final report regarding the collection of data and the issuance of Citations in a format and for a period of time mutually agreed upon by Redflex and the City; (iv) promptly deliver to the City a final invoice for all amounts owed by the City to Redflex for work performed and Citations issued by Redflex prior to the termination; and (v) provide such assistance as the City may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the termination of this Agreement. Redflex shall have no obligation to retain Violations Data after termination of this Agreement. At termination and upon the City’s prior written request, Redflex will transfer the Violations Data to the City in accordance with a mutually agreed upon method of transfer. The City shall be responsible for all costs associated with the transfer of the Violations Data including but not limited to administrative costs, storage media and storage media authoring device costs, and internet bandwidth costs incurred in transferring the Violations Data. Upon completion of the transfer of the Violations Data to the City, Redflex shall have no obligation or responsibility concerning the Violations Data. 6.4.2. The City shall (i) immediately cease using the Program, accessing the Redflex System and using any other Intellectual Property of Redflex, except in accordance with Section 6.4.2(i) above, (ii) promptly deliver to Redflex any and all Proprietary Property or Confidential Information of Redflex provided to the City pursuant to this Agreement with the exception that the City may maintain a copy of any records in its possession that may be subject to applicable records retention laws and RCW 42.56 and as amended, and (iii) promptly pay Redflex any and all fees, charges and amounts that the City owes Redflex for work performed and Citations issued prior to the termination, as outlined in Exhibit D. 6.4.3. Unless the City and Redflex have agreed to enter into a new agreement relating to the Program or have agreed to extend the Term, Redflex shall remove any and all above ground level Equipment or other Redflex materials installed in connection with Redflex’s performance of its obligations under this Agreement and return the site to substantially the same condition as it was at the time of the initial Equipment installation. . Page 98 of 111 6.4.4. The City shall continue to pay to Redflex a pro rata share of all monies or revenue generated, collected and/or received by City after the termination of the Agreement that are, in any way, a result of, associated with and/or attributable to, in whole or in part, the products or services that Redflex provided to the City pursuant to this Agreement. 6.5. SURVIVAL. Notwithstanding the foregoing, the definitions provided for in Section 1 and each of the following Sections shall survive the termination of this Agreement: (i) Sections 4.2 (Reservation of Rights), 5.1 (Redflex Representations and Warranties), 5.2 (City Representations and Warranties), 5.3 (Limited Warranties), 7 (Confidentiality), 8 (Indemnification and Liability), 9 (Notices), 10 (Dispute Resolution), 11.1 (Assignment), 11.17 (Injunctive Relief; Specific Performance), 11.18 (Applicable Law) and 11.19 (Jurisdiction and Venue), and (ii) any Section in this Agreement which states, or evidences the intent of the Parties, that the Section survives the expiration or termination of the Agreement, or must survive to give effect to the Section. 7. CONFIDENTIALITY. During the Term and for a period of three (3) years after its expiration or termination, neither Party shall disclose to any third person, or use for itself in any way, any Confidential Information learned from the other Party during the course of the negotiations for this Agreement or during the Term. Upon termination of this Agreement, each Party shall return to the other all tangible Confidential Information of such Party. For all requirements under Section 7, each Party shall retain in confidence and not disclose to any third party any Confidential Information without the other Party’s express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, representatives, attorneys and other professional advisors that have a need to know such Confidential Information, provided that such Parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records. 8. INDEMNIFICATION AND LIABILTY. 8.1. Indemnification by Redflex. Subject to Section 8.3, Redflex hereby agrees to defend and indemnify the City, and its affiliates, shareholders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them (individually a “City Party” and collectively, the “City Parties”) against, and to protect, save and keep harmless the City Parties from, and to pay on behalf of or reimburse the City Parties as and when incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements (including reasonable attorneys’, accountants’ and expert witnesses’ fees) of whatever kind and nature (collectively, “Losses”), which may be imposed on or incurred by any City Party arising out of or related to (a) any material misrepresentation, material inaccuracy or material breach of any covenant, warranty or representation of Redflex contained in this Agreement or (b) the willful misconduct or negligence of Redflex, its employees or agents which results in death or bodily injury to any person or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct or negligence of any City Party. 8.2. Indemnification by City. Subject to Section 8.3, the City hereby agrees to defend and indemnify Redflex and its affiliates, shareholders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them, or any of them (individually a “Redflex Party” and collectively, the “Redflex Parties”) against, and to protect, save and keep harmless the Redflex Parties from, and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to (a) any material misrepresentation, material inaccuracy or material breach of any covenant, warranty or representation of the City contained in this Agreement, (b) the willful misconduct of the City, its employees, contractors or agents which result in death or bodily injury to any person or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct or negligence of any Redflex Party, or (c) any claim, action or demand challenging the City’s use of the Redflex System or any portion thereof, the validity of the results of the City’s use of the Redflex System or any portion Page 99 of 111 thereof, or the validity of the Citations issued, prosecuted and collected as a result of the City’s use of the Redflex System or any portion thereof, except to the extent caused by the willful misconduct or negligence of any Redflex Party. 8.3. Indemnification Procedures. In the event any claim, action or demand (a “Claim”) for which any Party seeks indemnification from the other Party, the Party seeking indemnification (the “Indemnified Party”) shall give the Party from whom indemnification is sought (the “Indemnifying Party”) written notice of the Claim promptly after the Indemnified Party first becomes aware of the Claim; provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party shall have the right to choose counsel to defend such Claim (subject to the approval of such counsel by the Indemnified Party, which approval shall not be unreasonably withheld, conditioned or delayed), and to control, compromise and settle such Claim, and the Indemnified Party shall have the right to participate in the defense at its sole expense; provided, however, the Indemnified Party shall have the right to take over the control of the defense or settlement of such Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from and by the Indemnifying Party. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim, and no Party shall have the right enter into any settlement agreement that materially affects the other Party’s material rights or material interests without such Party’s prior written consent, which consent will not be unreasonably withheld or delayed. 8.4. LIMITED LIABILITY. Notwithstanding anything contrary in this Agreement, neither Party shall be liable to the other Party for any special, incidental, indirect, consequential, exemplary or punitive damages, including damages resulting from Lost Profits, however caused and on any theory of liability arising out of or relating to this Agreement. 9. NOTICES. Any notices required by this Agreement shall be in writing, and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed either first class, certified mail, return receipt requested, postage and registry fees prepaid, or (c) one Business Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, in each case addressed or sent as follows: 9.1. Notices to Redflex: Redflex Traffic Systems, Inc. Attn: Legal Department 5651 W. Talavi Blvd., Suite 200 Glendale, Arizona 85306 E-Mail: legaldepartment@redflex.com 9.2. Notices to the City: City of Pasco Attention: Jeff Harpster, Commander 215 W Sylvester St Pasco, WA 99301 Email: harpsterj@pasco-wa.gov 10. DISPUTE RESOLUTION. The Parties shall engage in informal, good faith discussions and attempt to resolve any dispute or disagreement between the Parties arising out of or relating to this Agreement before initiating arbitration, mediation or litigation. In connection with those informal discussions, each Party shall appoint a designated officer and the designated officers of the Parties shall meet in person for the purpose of attempting to resolve and dispute. The designated officers shall meet as often as the Parties shall determine to be reasonably necessary. In the event the dispute is not resolved, it shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be placed in Franklin County, Washington, the laws of Page 100 of 111 the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. 11. MISCELLANEOUS. 11.1. ASSIGNMENT. Neither Party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. 11.2. RELATIONSHIP BETWEEN REDFLEX AND THE CITY. Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the Parties. The relationship between the Parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either Party to incur any debts or liabilities or obligations on behalf of the other Party (except as specifically provided in this Agreement). 11.3. AUDIT RIGHTS. Each of Parties hereto shall have the right to audit the books and records of the other Party (the “Audited Party”) solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty-eight (48) hours’ prior notice to the Audited Party, at mutually convenient times and during the Audited Party’s normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non-Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent (25%) of the amount of actually owing, the cost of such audit shall be borne by the Audited Party. If the audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, the non-Audited Party shall promptly refund to the Audited Party the amount of the overpayment. 11.4. FORCE MAJEURE. No Party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God, war, terrorism, significant fires, floods, earthquakes, epidemics, severe weather, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission of Redflex. The Party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 11.5. ADDITIONAL SERVICES. This Agreement may be amended, in accordance with Section 11.6, to add additional Redflex systems and products, including, but not limited to school zone speed enforcement. 11.6. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the Parties, and there are no other agreements (other than invoices and purchase orders), whether written or oral, which affect its terms. This Agreement may be amended only by a subsequent written agreement signed by both Parties. 11.7. SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to its other provisions and the remainder of the affected provision. 11.8. WAIVER. Any waiver by either Party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision of this Agreement. 11.9. CONSTRUCTION. This Agreement shall be construed as having been fully and completely negotiated by both Parties and neither the Agreement nor any of its provision shall be construed more strictly against either Party. 11.10. HEADINGS. The headings of the sections contained in this Agreement are included for reference purposes only, solely for the convenience of the Parties, and shall not in any way be deemed to affect the meaning, interpretation or applicability of this Agreement or any of its terms, conditions or provisions. 11.11. EXECUTION AND COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Any one of such counterparts shall be sufficient for the purpose of proving the existence and terms of this Page 101 of 111 Agreement, and no Party shall be required to produce an original or all of such counterparts in making such proof. 11.12. COVENANT OF FURTHER ASSURANCES. All Parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions of this Agreement. 11.13. REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any one remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy. 11.14. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon all of the Parties and their respective executors, administrators, successors and permitted assigns. 11.15. COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be modified or limited only to the extent necessary to bring it within the requirement of the law, provided that such modification or limitation is consistent with the intent of the Parties as expressed in this Agreement. 11.16. NO THIRD-PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a Party to this Agreement. 11.17. INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The Parties agree and acknowledge that a breach of Sections 4.1 (License), 4.3 (Restricted Use) or 7 (Confidentiality) of this Agreement would result in severe and irreparable injury to the other Party, which injury could not be adequately compensated by an award of money damages, and the Parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of these Sections, or to enjoin or prevent such a breach. 11.18. APPLICABLE LAW. This Agreement shall be governed solely by and construed, in all respects, in accordance with the laws of the State of Washington. 11.19. JURISDICATION AND VENUE. Any conflict, claim or dispute between the Parties affecting, arising out of or relating to the subject matter of this Agreement shall be filed only in and litigated solely in the Franklin County Superior Court in the State of Washington and all Parties specifically consent and agree to the exclusive jurisdiction of that court. 11.20. ATTORNEYS’ FEES. In the event any legal action is commenced to enforce or interpret this Agreement, the prevailing Party is entitled to reasonable attorney’s fees, costs, and expenses incurred. 11.21. PREVAILING WAGE. Redflex shall be responsible for complying with the applicable prevailing wage requirements. 11.22. Both Parties agree that no provision or requirement of this Agreement shall be interpreted, construed, applied, or enforced if it would result in a potential violation by the City of any applicable statutes or regulations of the State of Washington, including but not limited to Washington State records retention requirements and Chapter 42.56 RCW, the Public Records Act. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. “The City” “Redflex” CITY OF PASCO, WASHINGTON REDFLEX TRAFFIC SYSTEMS, INC. ____________________________ ____________________________ Name: ______________________ Name: Michael Finn Title: ______________________ Title: Vice President Page 102 of 111 EXHIBIT “A” Intersection Approaches, This Agreement is for the implementation of up to ten (10) Intersection Approaches. The number and identification of enforced approaches will be based on mutual agreement between Redflex and the City as warranted by community safety and traffic needs. Nothing in this Agreement shall be construed as requiring the Parties install the maximum number of approaches authorized herein. The City will make all reasonable efforts to provide the list of proposed intersections under consideration prior to formal project kick-off to the designated Redflex project manager. Page 103 of 111 EXHIBIT “B” Construction and Installation Obligations Timeframe for Installation: Automated Photo Enforcement Program: Redflex will install, deliver and activate the Designated Intersection Approaches in phases in accordance with an implementation plan to be mutually agreed to by Redflex and the City. As part of the implementation plan, the Parties will mutually agree upon the number and location of the Intersection Approaches that Redflex will install as part of the initial project kick-off (“Initial Installation Group”). The Initial Installation Group shall be limited to four (4) Intersection Approaches. Redflex will use reasonable commercial efforts to install and activate the Initial Installation Group within sixty (60) days of the latest of a) formal project kick-off; b) receipt of the required City approved program Business Rules; and c) receipt of all required government approvals. The City agrees that the estimated timeframe for installation and activation are subject to conditions beyond the control of Redflex and are not guaranteed. In order to provide the City with timely completion of the installations, Redflex requires that the City assist with obtaining timely responses to permit requests. The City acknowledges the importance of the safety program and undertakes that in order to keep the project on schedule the City will provide engineering review(s) of Redflex permit requests and all documentation in a timely manner. 1. REDFLEX OBLIGATIONS. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Redflex’s sole expense): 1.1. Appoint the Redflex Project Manager and a project implementation team; 1.2. Request current “as-built” electronic engineering drawings for the Designated Intersection Approaches (the “Drawings”) from the City traffic engineer; 1.3. Develop and submit to the City for approval construction and installation specifications in reasonable detail for the Designated Intersection Approaches, including but not limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; 1.4. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection Approaches (collectively, the “Approvals”), which will include compliance with City permit applications; 1.5. Finalize the acquisition of the Approvals; 1.6. Apply for and pay the business tax and registration tax for a business license, in accordance with Pasco Municipal Code; 1.7. Assist the City in developing a public awareness strategy, which may include media and educational materials; 1.8. Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersection Approaches; 1.9. Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersection Approaches, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations; 1.10. Install and test the functionality of the Designated Intersection Approaches with the Redflex System and establish fully operational Violation processing capability with the Redflex System; 1.11. Implement the use of the Redflex System at each of the Designated Intersection Approaches; 1.12. Deliver the Materials to the City; 1.13. Citation processing and citation issuance/re-issuance for Authorized Violations; 1.14. Once a year, upon request of the City, provide training (i) for up to fifteen (15) personnel of the City, including but not limited to the persons who City shall appoint as Authorized Employees and other persons involved in the administration of the Program, (ii) for up to sixteen (16) hours in the aggregate, (iii) regarding the operation of the Redflex System and the Program, which training shall include training with respect to the Redflex System and its operations, strategies for Page 104 of 111 presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.15. Provide all necessary communication, broadband and telephone services to the Designated Intersection Approaches; 1.16. Establish an interface by utilizing City’s ability, as a government entity, to access the records data of the Department of Motor Vehicles. Redflex will assist the City in the developing an interface to be provided by the Department of Motor Vehicles; 1.17. Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, and coordination between Redflex, and the City; and 1.18. The Redflex Project Manager (or a reasonable alternate) shall be available to the Authorized Officers each day, on a reasonable best efforts basis. 2. CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in each case, unless otherwise stated below, at the City’s sole expense): 2.1. Appoint the Project Manager; 2.2. Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities; 2.3. Notify Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Program; 2.4. Provide ongoing assistance to Redflex in obtaining access to the records data of the Department of Motor Vehicles in Redflex’s capacity as an independent contractor to the City; 2.5. Provide reasonable access to the City’s properties and facilities in order to permit Redflex to install and test the functionality of the Designated Intersection Approaches and the Program; 2.6. Provide reasonable access to the personnel of the City and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.7. Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with respect to the quantity of media and program materials (the “Materials”) that the City will require in order to implement the Awareness Strategy during the period commencing on the date on which Redflex begins the installation of any of the Designated Intersection Approaches and ending one (1) month after the Installation Date; 2.8. Develop the Violation Criteria and provide the Violation Criteria to Redflex; 2.9. Seek approval of the Enforcement Documentation; 2.10. On no less than a monthly basis and no later than the 15th calendar day following the end of the previous month, the City shall provide, without cost to Redflex, reports regarding the prosecution of Citations, the collection of fines, fees and other monies and available collision data, in such format as Redflex may reasonably request; 2.11. Yellow Light Timing Review: The City is responsible to ensure that the yellow or amber light phase timing at all photo enforced intersections meets minimum standards according to Federal, State, and local laws, guidelines, and/or rules; 2.12. Provide on-going adequate electrical power in order to operate the Designated Intersection Approaches; 2.13. The City will allow Redflex to use existing conduit space and existing infrastructure, including but not limited to traffic signal poles and light poles, as available; 2.14. The City shall be responsible to provide and install LED traffic signal lights (yellow and red) at all enforced locations; and 2.15. The City is responsible for all computer hardware, web browsers and high-speed Internet access necessary for the Authorized Employee to access the Redflex systems and software; 2.16. The City shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority (“Signage”), including but not limited to the applicable State statute. The City shall be responsible for installing required Signage. Page 105 of 111 EXHIBIT “C” Maintenance 1. All repair and maintenance of the Program and related equipment will be the sole responsibility of Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti-free condition. 2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of City Traffic Engineering present. 3. In the event that images of a quality suitable for the Authorized Employee to identify Violations cannot be reasonably obtained without the use of flash units, Redflex shall provide and install such flash units. 4. Redflex may assign specific personnel to provide follow up assistance to the City in the form of the HELPDESK, a designated City Service Representative and a Director of Accounts. 5. Redflex will make commercially reasonable efforts to promote the City’s successful utilization of the System, including but not limited to providing the City with user guides, online help, online training and presentations (as available). Redflex will respond to helpdesk requests for support within 8 hours of the request except where circumstances beyond its control preclude a response within that time. Redflex will use commercially-reasonable efforts to respond to all other support requests within 24 hours for requests received during the period of 8 am to 5 pm Central Standard Time, Monday through Friday. Redflex shall be responsible for receiving City reports of errors in the System, and, to the extent practicable over email or telephone, making commercially-reasonable efforts to assist the City in resolving the City’s reported problems. If the problem cannot be resolved telephonically, Redflex will use commercially-reasonable efforts to restore functionality in accordance with System specifications within 72 hours of Redflex’s receipt of the reported problem. 6. Redflex must promptly notify the City of any and all upgrades and technology modifications, including but not limited to software, hardware, camera systems, violation detection systems upon the product’s general availability (not in alpha, beta and testing phases). Should the City decide to implement any such upgrades or modifications it will be at a price and on terms mutually agreed by the Parties. 7. In the event a camera system is knocked down or suffers vandalism rendering the approach inoperative, the City will secure the camera system by removing the system from the scene and storing it in a secure location. Redflex must pay the City for the cost of a City maintenance team to secure their camera system when an after-hours callout is required. Redflex is not required to reimburse the City when a City maintenance team secures a camera system during regular business hours. 8. The City shall notify Redflex as soon as possible if any camera system is knocked down or subject to vandalism. 9. Roadway/Intersection improvement projects: City shall reimburse Redflex the costs of replacing and or modification of operational system approaches necessitated or caused by roadway or intersection improvement projects. Page 106 of 111 EXHIBIT “D” COMPENSATION & PRICING PRICING PROVISIONS AND OPTIONS: The City agrees to pay Redflex as follows: Designated Intersection Approaches The City shall pay Redflex $4,870 per Designated Intersection Approach per month. BUSINESS ASSUMPTIONS FOR ALL PRICING PROVISIONS AND OPTIONS: 1. Each year, on the anniversary date of the contract, the pricing will increase by a percentage equal to the U.S. Department of Labor CPI-U, U.S. City Average for the preceding calendar year. 2. Except for a balance remaining pursuant to the Cost Neutrality provision below, City agrees to pay Redflex within thirty (30) days after an invoice is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid 60 days from date of invoice. 3. All fees charged by third parties for processing credit cards (“Merchant Fees”) will be borne by the City and paid from the paid Citations. Online convenience fees are not considered Merchant Fees or revenue received or as payment toward the Fixed Monthly Fee to be paid by the City. Online convenience fees are the responsibility of the Violator and are passed solely onto Redflex. 4. At the City’s request, Redflex can implement a default collection process managed by a third-party collections expert with the aim of increasing violator compliance. If the Parties decide to use a third- party collections expert, they shall do so in a written amendment to this Agreement that shall provide for any corresponding changes to the terms and conditions in this Agreement. 5. Cost Neutrality 5.1. The City shall have the option to make payments to Redflex in accordance with the Cost Neutrality Payment Option. Under this option, the City may defer payment of that portion of the monthly service fee in excess of the amount collected during that month until the City has collected sufficient funds pursuant to this Agreement to pay that portion of the monthly service fee (“Deferred Monthly Service Fee”). A Deferred Monthly Service Fee shall be paid from the funds collected in the following month pursuant to this Agreement provided that sufficient funds are collected during that month to pay the Deferred Monthly Service Fee. Specifically, the funds collected each month pursuant to this Agreement shall be applied first to any unpaid Deferred Monthly Service Fees and then to that month’s service fee; provided, however, that the City shall never be required to pay in any month an amount in excess of the funds collected that month. 5.2. Redflex shall maintain an accounting of the net balance of monthly service fees and Deferred Monthly Service Fees owed to Redflex. In any event, the City will not be obligated to pay the full amount of an invoice for any given month unless there is sufficient revenue collected in that month to pay all of the amounts of the prior invoices that were deferred as well as the full amount of the current month's invoice. 5.3. Cost Neutrality will be reconciled at the end of the contract. If at the expiration or termination of this Agreement there is an outstanding balance of unpaid Deferred Monthly Service Fees, any funds collected by the City for the subsequent twelve (12) months on account of Citations issued as a result of the Program shall be applied to the outstanding balance until that balance is fully paid. 5.4. Cost neutrality is guaranteed except as follows: 5.4.1. If police or Authorized Employees fail to approve violations by the due date, in good faith and due diligence; 5.4.2. If systems are de-activated due to City requirement; 5.4.3. If collections are not reasonably pursued, unless, despite attempts by the City to encourage collections by the courts, the courts fail to pursue unpaid collections; Page 107 of 111 5.4.4. The City fails to enforce right turn violations (from automated red-light violations), in good faith and due diligence, if and when systems are configured for this purpose as mutually agreed between Redflex and the City; or 5.4.5. City directs Redflex to install a camera at a site that is not mutually agreed upon. Page 108 of 111 EXHIBIT “E” Additional Rights and Obligations Redflex and the City shall respectively have the additional rights and obligations set forth below: 1. Redflex shall assist the City in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Program. All costs related to the foregoing, including actual print and production costs, are the responsibility of the City. 2. The City shall not access the Redflex System or use the Program in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Redflex System or the Program with respect to any Intersection Approaches constructed or maintained by Redflex for such Person, or which could damage, disable, impair or overburden the Redflex System or the, and the City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Redflex System, or (iii) any materials or information not intentionally made available by Redflex to the City by means of hacking, password mining or any other method whatsoever, nor shall the City cause any other Person to do any of the foregoing. 3. The City shall maintain the confidentiality of any username, password or other process or device for accessing the Redflex System or using the Program. 4. Redflex and the City shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other Party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, Redflex and the City shall obey any and all such rules and regulations. 5. The City shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly or indirectly by the City, or any of its employees, contractors or agents. 6. The Parties shall agree on specific Business Rules governing the function and operation of the Redflex System. 6.1. Page 109 of 111 EXHIBIT “F” Insurance 1. Redflex shall procure and maintain at Redflex’s sole cost and expense the following insurance coverage in connection with the performance of work or services pursuant to this Agreement by Redflex, and each of Redflex’s subcontractors, agents, representatives and employees: – Commercial General Liability Insurance. Commercial General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage, Two Million Dollars ($2,000,000) Products-Completed Operations Aggregate and Two Million Dollars ($2,000,000) General Aggregate, such limits of coverage may be met through any combination of primary and excess liability policies; – Business Automobile Liability Insurance. Business Automobile Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) combined single limit per accident for bodily injury or property damage, including but not limited to coverage for all automobiles owned, non-owned and hired by Redflex, such limits of coverage may be met through any combination of primary and excess liability policies; – Professional Liability (Errors and Omissions) Insurance. Redflex will use its commercial best efforts to procure and maintain Professional Liability (Errors and Omissions) Insurance with coverage of not less than Two Million Dollars ($2,000,000) each and every claim and in the Aggregate; and – Workers’ Compensation and Employer’s Liability Insurance. Workers’ Compensation Insurance with coverage of not less than that required by the Labor Code of the State of Washington, and Employer’s Liability Insurance with coverage of not less than: $1,000,000 Bodily Injury by Accident – Each Accident $1,000,000 Bodily Injury by Disease – Policy Limit $1,000,000 Bodily Injury by Disease – Each Employee 2. With respect to the Commercial General Liability Insurance the following additional provisions shall apply: – The City or Cities shall be named as additional insureds with respect to the Commercial General Liability insurance; and – The Commercial General Liability insurance shall be the primary insurance with respect to the City or Cities in connection with this Agreement, and any insurance or self- insurance maintained by the City or Cities shall be in excess, and not in contribution to, such insurance; and – The Commercial General Liability insurance shall include “Separation of Insureds” wording which states that such insurance coverage shall apply separately with respect to each insured against whom claim is made or suit is brought, except with respect to the limits of insurance or any rights or duties specifically assigned to Redflex in such insurance policies. 3. With respect to the insurance described above, Redflex shall not cancel or materially reduce the coverage without providing the City thirty (30) days prior written notice by certified mail. With respect to the insurance described above, if any of the Redflex Parties are notified by any insurer that such coverage will be materially reduced or cancelled, Redflex shall provide written notice within ten (10) business days of receipt of such notice to the City or Cities and shall take all necessary actions to correct such cancellation in coverage limits, and shall provide written notice to the City or Cities of the date and nature of such correction. If Redflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement, and the City or Cities shall have the right, but not the obligation and exercisable in its/their sole discretion, to either (i) terminate this Agreement and seek damages from Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the City or Cities for such insurance. If the premium costs advanced by the City or Cities for such insurance exceed any amounts due to Redflex pursuant to Page 110 of 111 this Agreement, Redflex shall promptly remit such excess amount to the City or Cities upon receipt of written notice thereof. 4. Redflex shall provide certificates of insurance evidencing the insurance required pursuant to the terms of this Agreement, which certificates shall be executed by an authorized representative of the applicable insurer, and which certificates shall be delivered to the City prior to Redflex commencing any work pursuant to the terms of this Agreement. Page 111 of 111