HomeMy WebLinkAbout2020.06.01 Council Remote Meeting PacketRemote Regular Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
June 1, 2020
Page
1. REMOTE MEETING INSTRUCTIONS:
(a) Governor Inslee's Proclamation No. 20-28, made in response to the
COVID-19 emergency, prohibits members of the public from attending
City meetings in-person but requires agencies to provide options for the
public to participate in remotely. Furthermore, the Proclamation allows
agencies to conduct business that is only “routine and necessary,” or
related to the COVID-19 emergency. To best comply, the City asks all
members of the public that would like to comment regarding items on
the agenda to fill out a form via the City’s website (www.pasco-
wa.gov/publiccomment) to obtain access information to comment.
Requests to comment in meetings must be received by 4:00 p.m. on the
day of each meeting.
To listen to the meeting via phone, call (415) 655-0060 and use access
code 565-724-775
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER:
3. ROLL CALL:
(a) Pledge of Allegiance
4. CONSENT AGENDA: All items listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by roll call vote as one motion
(in the form listed below). There will be no separate discussion of these items. If
further discussion is desired by Council members or the public, the item may be
removed from the Consent Agenda to the Regular Agenda and considered
separately.
5 - 14 (a) Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Remote Meeting held on
May 18, 2020 and Remote Special Meeting & Workshop held on May 26,
Page 1 of 83
Remote Regular Meeting June 1, 2020
2020.
15 - 16 (b) Bills and Communications
To approve claims in the total amount of $2,207,925.52 ($1,131,633.29 in
Check Nos. 235768-235986; $279,905.77 in Electronic Transfer Nos.
828368-828406, 828429-828520, 828538-828608, 828612, 828618-828628,
828647-828654, 828660, 828663-828665; $14,511.24 in Check Nos. 53327-
53338; $779,307.05 in Electronic Transfer Nos. 30148075-30148572;
$2,568.17 in Electronic Transfer Nos. 678).
17 - 19 (c) Confirmation of Historic Preservation Commission Reappointment
To confirm the Mayor's reappointment of Devi Tate to Position No. 5 on the
Historic Preservation Commission with a term expiring on August 1, 2022.
20 - 56 (d) Resolution Accepting Local CARES Grant
To approve Resolution No. 3962, accepting the City of Pasco's allocation
from the Department of Commerce's Coronavirus Relief Funds for Local
Government.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
57 - 67 (a) Street Vacation: Vacating Portions of Streets and Alleys in Washington
Addition (MF# VAC2019-007)
CONTINUE PUBLIC HEARING (FROM 3/16/2020 COUNCIL
MEETING)
MOTION: I move to adopt Ordinance No.4491, vacating all roads and
alleys lying north of the centerline of E. Helena Street and east of the
centerline of Missoula Street within the plat of Washington Addition and
further, authorize publication by summary only.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
68 - 78 (a) *Resolutions - Ratify Emergency Orders Related to COVID-19
Page 2 of 83
Remote Regular Meeting June 1, 2020
MOTION: I move to approve Resolution No. 3963, ratifying Emergency
Order No. 2020-002.1, relating to extending temporary moratorium on utility
services shut-offs and late fees for City of Pasco customers.
MOTION: I move to approve Resolution No.3964, ratifying Emergency
Order No. 2020-004.1, relating to extending temporary expansion of
administrative paid leave for City of Pasco staff.
MOTION: I move to approve Resolution No. 3965, ratifying Emergency
Order No. 2020-005.2, relating to extending temporary change in leave
policies.
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
79 - 80 (a) *Confirmation of Civil Service Commission/Personnel Board
Appointments
MOTION: I move to confirm the City Manager's reappointment of Janis
Hastings to Position No. 1 (term to expire 2/17/26) and appoint Josee Saldua
to Position No. 2 (term to expire 2/17/22) to the Civil Service
Commission/Personnel Board.
81 - 83 (b) *Improvements to Fire Station Nos. 81 & 82 and Fire Training Rehab
Bid Award
MOTION:
I move to award the bid for Remodel of Fire Station No. 81 and Fire Station
No. 82 and improvements to the Fire Training facility to Jackson Contractor
Group, Inc. in the amount of $857,397.00, including Washington State Sales
Tax, and further authorize the City Manager to execute the contract
documents.
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
13. ADJOURNMENT:
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
Page 3 of 83
Remote Regular Meeting June 1, 2020
(b)
REMINDERS:
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for
assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor
avisa la Secretaria Municipal dos días antes para garantizar la
disponibilidad. (Spanish language interpreter service may be
provided upon request. Please provide two business day's notice to
the City Clerk to ensure availability.)
Page 4 of 83
AGENDA REPORT
FOR: City Council May 27, 2020
TO: Dave Zabell, City Manager Regular Meeting: 6/1/20
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
05.18.2020 & 05.26.2020 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Remote Meeting held on May 18,
2020 and Remote Special Meeting & Workshop held on May 26, 2020.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 83
REMOTE REGULAR
MEETING
MINUTES
PASCO CITY COUNCIL MAY 18, 2020
REMOTE MEETING INSTRUCTIONS:
To best comply with Governor Inslee’s Emergency Proclamation regarding the
Open Public Meetings Act, the City asked all members of the public that would
like to comment regarding items on the agenda to fill out a form via the City’s
website (www.pasco-wa.gov/publiccomment) to obtain access information to
comment. Requests to comment in meetings had to be received by 4:00 p.m. on
the day of each meeting. One (1) individual signed up to speak.
Community members also had the opportunity to attend the Pasco City Council
Remote Regular Meeting in "listen only" mode register at GoToWebinar.
CALL TO ORDER:
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado (virtual), Blanche Barajas (virtual),
Craig Maloney (virtual), Saul Martinez (in-person), David Milne (virtual),
Zahra Roach (virtual), and Pete Serrano (virtual).
Staff present: Dave Zabell, City Manager (in-person); Community Services
Director (in-person); Ken Roske, Police Chief (virtual); Richa Sigdel, Finance
Director (virtual); Rick White, Community & Economic Development Director
(virtual); Steve Worley, Public Works Director (virtual); and Debby Barham,
City Clerk (in-person).
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Remote Regular Meeting
held on May 4, 2020 and the Remote Special Meeting and Remote Workshop
held on May 11, 2020.
Bills and Communications
To approve claims in the total amount of $4,169,417.24 ($2,715,079.68 in
Check Nos. 235517-235767; $19,527.82 in Electronic Transfer Nos. 828522-
828524; $12,343.35 in Check Nos. 53316-53326; $791,807.84 in Electronic
Transfer Nos. 30147566-30148074; $630,658.55 in Electronic Transfer Nos.
673-677).
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
$89,660.08 and, of that amount, authorize $0.00 to be turned over for
collection.
Appointment to the Joint Housing Authority Board
To reappoint Gregory Garcia to the Joint Housing Authority Board under
Position No.4 for a five (5) year term, effective January 29, 2020 through
January 28, 2025.
Page 1 of 5 Page 6 of 83
REMOTE REGULAR
MEETING
MINUTES
PASCO CITY COUNCIL MAY 18, 2020
Administrative and Community Services - Reorganization
To approve the reorganization of the Administrative and Community Services
Department to include the addition of seven full time positions.
Professional Services Agreement - PACE Engineering, PWRF Facility Plan
and IPS - Amendment No. 6
To approve the Professional Services Agreement Amendment No. 6 with PACE
Engineering, Inc. in the amount of $66,149.51, and further, authorize the City
Manager to execute the Amendment.
Professional Services Agreement - PACE Engineering, Columbia East
Force Main & Pump Station - Amendment No. 4
To approve Professional Services Agreement Amendment No. 4 with PACE
Engineering, Inc. in the amount of $83,020.00, and further, authorize the City
Manager to execute the Amendment.
(RC) MOTION: Mayor Pro Tem Barajas moved to approve the Consent
Agenda as read. Mr. Milne seconded. Motion carried unanimously by Roll Call
vote.
PROCLAMATIONS AND ACKNOWLEDGEMENTS:
Presentation of Proclamation for Public Works Week
Mr. Zabell provided a brief history of the annual Public Works Week.
Mayor Martinez expressed appreciation to the Public Works staff for their work
accomplishments. Mayor Martinez read and then virtually presented the
proclamation celebrating Public Works Week to John Millan, Superintendent of
Public Works. Mr. Millan accepted the proclamation on behalf of Dave
Deschane, Heavy Equipment Operator of Public Works who was unable to
connect to the meeting through GoToWebinar.
Mayor Pro Tem Barajas also expressed gratitude to the Public Works staff for
their contributions to the City.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Verbal Reports from Councilmembers
Mr. Alvarado commented on two virtual meetings he recently attended, which
included Ben Franklin Transit Board and Benton Franklin Council of
Governments.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Street Vacation: A Portion of E Pueblo Street (MF# VAC2019-006)
Mr. White provided a brief report regarding the proposed street vacation for a
portion of East Pueblo Street and expressed concerns about moving forward on
the proposed vacation. He noted that there were two (2) alternative motions for
Council to consideration.
CONDUCT PUBLIC HEARING
Page 2 of 5 Page 7 of 83
REMOTE REGULAR
MEETING
MINUTES
PASCO CITY COUNCIL MAY 18, 2020
Mayor Martinez opened the public hearing at 7:19 PM.
There were no comments.
Mayor Martinez closed the public hearing at 7:20 PM after calling for
additional comments from the public.
MOTION: Mayor Pro Tem Barajas moved, based on anticipated conflicts with
PMC 21.15.070 (Cul-de-sacs) and burdens placed on adjacent property owners
regarding the dedication of right-of-way for a fire apparatus turn-around, that
the proposed vacation for a portion of E. Pueblo Street under Master File VAC
2019-006 be denied. Mr. Maloney seconded.
Council and staff discussion ensued regarding the proposed vacation.
Mayor Martinez reopened the public hearing at 7:30 PM.
Brad Bell expressed support for the vacation of a portion of East Pueblo Street
adjacent to his property and would like to see the entire block.
Mayor Martinez closed the public hearing at 7:32 PM.
Motion was denied unanimously.
Council and staff further discussed the proposed vacation.
SECOND MOTION: Mayor Pro Tem Barajas moved to continue the hearing
on the Pueblo Street Vacation request to August 3, 2020. Mr. Alavado
seconded. Motion carried unanimously.
Alley Vacation: Vacating East/West Alley in Plat of Sunny Acres (MF#
VAC2020-001)
Mr. White explained the purpose of the proposed vacation.
CONDUCT PUBLIC HEARING
Mayor Martinez opened the public hearing at 7:36 PM.
There were no comments.
Mayor Martinez closed the public hearing at 7:37 PM.
MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No.4489,
vacating the east/west alley of Block 1, Sunny Acres, and further, authorize
publication by summary only. Ms. Roach seconded. Motion carried
unanimously.
Street Vacation: Portions of E. Adams Street and N. Rainier Avenue (MF#
VAC2020-002)
Mr. White provided a brief report regarding the proposed vacation of portions
of East Adams Street and North Rainier Avenue.
Council and staff briefly discussed the development of the property and street
alignment.
Page 3 of 5 Page 8 of 83
REMOTE REGULAR
MEETING
MINUTES
PASCO CITY COUNCIL MAY 18, 2020
CONDUCT PUBLIC HEARING
Mayor Martinez opened the public hearing at 7:41 PM.
There were no comments.
Mayor Martinez closed the public hearing at 7:42 PM.
MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4490,
vacating portions of E. Adams Street and N. Rainier Avenue, and further,
authorize publication by summary only. Ms. Roach seconded. Motion carried
unanimously.
UNFINISHED BUSINESS:
SG Land Management LLC/Harris Road Annexation (MF# ANX 2020-
001)
CONTINUED PUBLIC MEETING
Mayor Martinez resumed the public meeting for the Notice of Intent to
Commence Annexation for the SG Land Management LLC / Harris Road
Annexation.
Mr. White commented that while Mr. Goodwin was not able to comment within
the meeting, he was not in favor of the annexation.
Council and staff discussion ensued regarding the proposed annexation.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 3961,
accepting a Notice of Intent to Commence Annexation for the SG Land
Management LLC / Harris Road Annexation, providing a determination on the
boundary to be annexed and whether simultaneous zoning and the assumption
of bonded indebtedness will be required. Ms. Roach seconded. Motion carried
unanimously.
MISCELLANEOUS DISCUSSION:
Mayor Martinez congratulated congratulated Edgar Sanchez, a Pasco School
District High School Senior, who was recently awarded a scholarship from
Association of Washington Cities (AWC.)
Mr. Zabell provided a followup on commissions that delivery services are
charging to local restaurants. Staff contacted the Pasco Chamber of Commerce,
Tri-Cities Regional Chamber of Commerce and Tri-Cities Hispanic Chamber of
Commerce and all three chambers noted that a 30 percent charge appears to be
high; however, the government stepping in and regulating this service was not
advisable. Mr. Zabell recommended that no formal action come forward to
Council for consideration at this time.
Mr. Zabell noted a few City milestones, which included draft Environmental
Impact Statement (EIS) for the Comprehensive Plan is out for public comment
through June 15, 2020 and the Peanuts Park Capital Improvement Project Bid is
scheduled to be opened later in the week. Lastly, the City received an AWC
2020 Municipal Excellent Award.
Mr. Serrano inquired if the City cemetery was open to the public and noted that
Page 4 of 5 Page 9 of 83
REMOTE REGULAR
MEETING
MINUTES
PASCO CITY COUNCIL MAY 18, 2020
he and his family would be at the cemetery on Memorial Day to honor those
that had served in the U.S. military. Mr. Ratkai stated the cemetery is open and
the cemetery office is open by appointment only.
Mayor Martinez commented on the sign former Councilmember Al Yenney
placed by the Little League Baseball field expressing thanks to the essential
workers. Mayor Martinez stated that while the community cannot have a formal
Memorial Day ceremony this year, the residents will persevere, remain strong
and get through the COVID-19 crisis.
ADJOURNMENT:
There being no further business, Mayor Martinez adjourned the meeting at 8:03
PM.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 5 of 5 Page 10 of 83
REMOTE SPECIAL
MEETING
MINUTES
PASCO CITY COUNCIL MAY 26, 2020
REMOTE MEETING INSTRUCTIONS:
To best comply with Governor Inslee’s Emergency Proclamation regarding the
restrictions to the Open Public Meetings Act, the City asked all members of the public
that would like to comment regarding items on the agenda to fill out a form via the
City’s website (www.pascowa.gov/publiccomment) to obtain access information to
comment. Requests to comment in meeting must be received by 4:00 p.m. on the day
of each meeting. Zero (0) requests were submitted.
For the public to attend the Pasco City Council Special Meeting in "listen only" mode
only had to register at GoToWebinar.
CALL TO ORDER:
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado (virtual), Blanche Barajas (virtual),
Craig Maloney (virtual), Saul Martinez (in-person), David Milne (virtual),
Zahra Roach (virtual) and Pete Serrano (in-person).
Staff present: Dave Zabell, City Manager (in-person); Eric Ferguson, City
Attorney (virtual); Bob Gear, Fire Chief (virtual); Zach Ratkai, Administrative
& Community Services Director (in-person); Ken Roske, Police Chief (virtual);
Richa Sigdel, Finance Director (virtual); Rick White, Community & Economic
Development Director (virtual); Steve Worley, Public Works Director (virtual);
and Debby Barham, City Clerk (in-person).
The meeting was opened with the Pledge of Allegiance.
NEW BUSINESS:
*Grand Old 4th of July Celebration - Decision on How to Proceed
Mr. Ratkai provided a brief report detailing the multitude of events that occur
annually within the City of Pasco on July 4th, overview of the contracts
currently in place and noted the three (3) options available to Council for
consideration during the continued COVID-19 pandemic restrictions.
Option 1: I move to postpone all 2020 Pasco's Grand Old 4th of July parade,
fireworks and other associated events to a later date this calendar year and
authorize staff to begin the process of selecting the new date and making all
other needed preparations.
(OR) Staff Recommended - Option 2: I move to cancel all 2020 Pasco's
Grand Old 4th of July Celebration events except the fireworks show, and to
postpone the fireworks show to a later date this calendar year when social
distancing measures have been relaxed and authorize staff to begin the process
of selecting the new date and making all needed preparations.
(OR) Option 3: I move to cancel all 2020 Pasco's Grand Old 4th of July
Celebration events and authorize staff to begin process to bring this cancellation
about and start making preparations for the 2021 Pasco's Grand Old 4th of July
Celebration.
Council and staff discussion ensued regarding Pasco's Grand Old 4th of July
Celebration and how to move forward.
Page 1 of 2 Page 11 of 83
REMOTE SPECIAL
MEETING
MINUTES
PASCO CITY COUNCIL MAY 26, 2020
MOTION: Ms. Roach moved to postpone the fireworks show to a later date
this calendar year when social distancing measures have been relaxed and
authorize staff to begin the process of selecting the new date and making all
needed preparations, as well allow City staff to as make arrangements to host a
series of modified parades within the Council Districts. Mr. Alvarado seconded.
The motion carried 4 (Alvarado, Maloney, Roach and Barajas in favor) to 3
(Milne, Serrano and Martinez opposed) by Roll Call vote.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:14 PM.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 2 of 2 Page 12 of 83
REMOTE
WORKSHOP
MEETING
MINUTES
PASCO CITY COUNCIL MAY 26, 2020
REMOTE WORKSHOP INSTRUCTIONS:
The City of Pasco provided the public the opportunity to attend the Pasco City
Council Workshop in "listen only" mode only, by registering at GoToWebinar.
CALL TO ORDER:
The meeting was called to order at 8:15 PM by Saul Martinez, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado (virtual), Blanche Barajas (virtual),
Craig Maloney (virtual), Saul Martinez (in-person), David Milne (virtual),
Zahra Roach (virtual) and Pete Serrano (in-person).
Staff present: Dave Zabell, City Manager (in-person); Eric Ferguson, City
Attorney (virtual); Bob Gear, Fire Chief (virtual); Zach Ratkai, Administrative
& Community Services Director (in-person); Ken Roske, Police Chief (virtual);
Richa Sigdel, Finance Director (virtual); Rick White, Community & Economic
Development Director (virtual); Steve Worley, Public Works Director (virtual);
and Debby Barham, City Clerk (in-person).
VERBAL REPORTS FROM COUNCILMEMBERS:
Mayor Martinez commented briefly on a virtual meeting he, Councilmember
Roach and Mr. Zabell attended with the Centers for Disease Control and
Prevention (CDC) and the Benton Franklin Health District earlier in the day
regarding the continued spread of COVID-19 within the Tri-Cities area.
ITEMS FOR DISCUSSION:
Interview for Historic Preservation Commission, Position No. 5
Council conducted a brief interview with Devi Tate, incumbent on the Historic
Preservation Commission.
Mayor Martinez requested that Ms. Tate's reappointment to the Historic
Preservation Commission be placed on the Council meeting agenda scheduled
on June 1, 2020 for Council's confirmation.
Utility Revenue Bond Sale Update
Ms. Sigdel provided a brief report on the recent sale of the Utility Revenue and
Refunded Bonds.
Staff and Council discussed the favorable rates that were issued for the bonds.
Professional Services Agreement with WSP, Inc. for Construction
Management Services on Lewis Street Overpass Project
Mr. Worley introduced Capital Improvement Program Manager, Maria Serra,
who provided a brief update on the Lewis Street Overpass project and the
proposed agreement with WSP, Inc for construction management services for
the project.
Mayor Martinez and Mr. Maloney briefly discussed the status of the project
with staff.
Page 1 of 2 Page 13 of 83
REMOTE
WORKSHOP
MEETING
MINUTES
PASCO CITY COUNCIL MAY 26, 2020
Mayor Martinez instructed staff to place this item for Council's consideration
on the June 1, 2020 Council meeting agenda.
MISCELLANEOUS COUNCIL DISCUSSION:
Mr. Ratkai provided a brief report on the status of the Parks and Facilities
reorganization and stated that there was a recent reallocation of staff to increase
the services and maintenance performed within the City parks, property and
facilities.
Mr. Zabell commented on the Pasco's Historic Preservation Commission
regarding the items that will be preserved from the Lewis Street Overpass
project. Mr. Zabell also briefly commented on the CARES Act funding and
actions forthcoming to Council in June 2020.
Councilmember Roach expressed concern about how other Councilmembers
and/or their family members are communicating on the City's social media.
ADJOURNMENT:
There being no further business, the workshop was adjourned at 9:16 PM.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 2 of 2 Page 14 of 83
AGENDA REPORT
FOR: City Council May 28, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
6/1/20
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 06.01.20
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $2,207,925.52 ($1,131,633.29 in Check Nos.
235768-235986; $279,905.77 in Electronic Transfer Nos. 828368-828406, 828429-
828520, 828538-828608, 828612, 828618-828628, 828647-828654, 828660, 828663-
828665; $14,511.24 in Check Nos. 53327-53338; $779,307.05 in Electronic Transfer
Nos. 30148075-30148572; $2,568.17 in Electronic Transfer Nos. 678).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 15 of 83
REPORTING PERIOD:
June 1, 2020
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 235768-235986 53327-53338
Total Check Amount $1,131,633.29 $14,511.24 Total Checks 1,146,144.53$
Electronic Transfer Numbers 828368-828406 30148075-30148572 678
828429-828520
828538-828608
828612
828618-828628
828647-828654
828660
828663-828665
Total EFT Amount $279,905.77 $779,307.05 $2,568.17 $0.00 Total EFTs 1,061,780.99$
Grand Total 2,207,925.52$
Councilmember
473,727.75
31,641.04
0.00
0.00
7,706.19
0.00
2,298.17
15,954.59
7,472.76
300.00
30,642.26
2,976.42
3,518.69
624.36
10,679.88
0.00
62.10
14,583.33
0.00
53,642.44
185.41
HOTEL/MOTEL EXCISE TAX 12,714.03
0.00
90,452.93
373,545.43
13,870.35
24,774.57
0.00
0.00
1,036,552.82
GRAND TOTAL ALL FUNDS:2,207,925.52$
MEDICAL/DENTAL INSURANCE
FLEX
PAYROLL CLEARING
EQUIPMENT REPLACEMENT GOVT
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
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
1st day of June, 2020 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ARTERIAL STREET
The City Council
May 14 - May 27, 2020
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
Page 16 of 83
AGENDA REPORT
FOR: City Council May 27, 2020
TO: Dave Zabell, City Manager
Zach Ratkai, Director of
Administrative & Community Services
Remote Regular Meeting:
6/1/20
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Confirmation of Historic Preservation Commission Reappointment
I. REFERENCE(S):
Resolution No. 3388
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To confirm the Mayor's reappointment of Devi Tate to Position No. 5 on the Historic
Preservation Commission with a term expiring on August 1, 2022.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The Historic Preservation Commission is composed of five members; terms are for
three years. The board meets the second Wednesday of each month.
The Historic Preservation Commission identifies and actively encourages the
conservation of Pasco’s historic resources by reviewing National Register properties
applying for Special Tax Valuation, raises community awareness of Pasco’s history
and historic resources, and serves as the City of Pasco’s primary resource in matters of
history, historic planning and preservation.
Position No. 5, currently held by Devi Tate expired on August 1, 2019, however, she
has continued to serve on this commission.
As outlined in Resolution No. 3388, the incumbent is eligible for reappointment after
being interviewed by Council.
Page 17 of 83
Due to the onset of the COVID-19 pandemic, the interview/appointment process for
the City's Boards and Commissions was placed on hold. However, since Ms. Tate was
selected for a reappointment, Council was able to interview her at their May 26, 2020
Remote Workshop Meeting.
V. DISCUSSION:
Mayor Martinez requests Council's concurrence in his reappointment of Devi Tate to
the Historic Preservation Commission.
Page 18 of 83
RESOLUTION NO. `
A RESOLUTION Providing a Process for Appointments to City Boards and
Commissions.
WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of
municipal services as well as to advise the City Council in making various policy decisions; and
WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor
to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and
WHEREAS, the Mayor and City Council desire to establish an appointment process which is more
collaborative yet efficient for both the applicants and City Council alike;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS
FOLLOWS:
Section 1: Applications for city boards and commissions shall be solicited annually by the City
Manager on behalf of the City Council.
Section 2: All applications received by the City Manager shall be reviewed by a City Council
committee appointed by the Mayor; such committee, to be known as the "Appointment Screening
Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The
Appointment Screening Committee shall select those applicants it deems best suited for the respective
board/commission but not more than three applicants for each vacancy to be filled. The Appointment
Screening Committee shall consider the following factors in making their selections for further
consideration:
a) Geographic representation;
b) Gender representation;
c) Ethnic representation;
d) Familial and financial relationships of board members
Section 3: Those applicants selected by the Appointment Screening Committee shall be
interviewed by the City Council during a public meeting; provided, however, the Screening Committee may
recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent
has •-- • - - -•served not more than two consecutive•
terms since the last interview. At a City Council meeting following such interview, an interviewed candidate
shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall
be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting
shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions of this
resolution shall be superseded by this resolution.
PAS D by the City Council ity of Pasco at its regular meeting this 16th day of April, 2012.
Matt Watkins, Mayor
T T: f APP'S AS TO FORM:
Debra Clark,City Clerk Leland B. Kerr, City Attorney
Page 19 of 83
AGENDA REPORT
FOR: City Council May 27, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
6/1/20
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Resolution Accepting Local CARES Grant
I. REFERENCE(S):
Resolution
Program Guideline
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve Resolution No. _____, accepting the City of Pasco's allocation from the
Department of Commerce's Coronavirus Relief Funds for Local Government.
III. FISCAL IMPACT:
Revenue - $2,258,700
IV. HISTORY AND FACTS BRIEF:
The COVID-19 pandemic has created unprecedented economic volatility in the United
States and across the globe. In the United States, the pandemic has not only claimed
over 100,000 lives, but has also created severe financial impact unparalleled to recent
history. To mitigate the impact of this economic turmoil, the United States Congress
passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, and it was
signed into law by President Trump on March 27, 2020. This Act included provisions
to assist states and certain local governments in combating COVID-19. While only
local governments with over 500,000 in population are to receive direct funding from
the Federal Government per this Act, Washington State allocated close to $300 million
to smaller jurisdictions not eligible for direct assistance. Allocation from the State was
based on population as of April 1, 2019.
Page 20 of 83
V. DISCUSSION:
The unprecedented nature of the pandemic/emergency and swift and severe economic
impact on families and businesses has forced governments at all levels to act in an
expedient manner. While this speed is needed and desired, directions on how the funds
can be expended have come much later than the allocation of the funds. A normal grant
process from applications grant with guidelines, for call a includes application
interested parties, allocation of funds, approval of Council to accept such funds, etc.
The granting process during the COVID-19 pandemic has been flipped, as in, grant
allocations applications. have come before corresponding guidelines or The
applications are being filled as we receive them from granting agencies. The resolution
before Council is one such grant, where the allocation was made to the City in advance
of the grant guidelines and application.
Washington State Department of Commerce has made a concerted effort to provide
guidelines to all jurisdictions within Washington State on, not just its allowable use,
but the documentation and accountability required. While the direct allocation from the
Federal government would have allowed recoupment of funds from March 1, 2020, to
December 31, 2020, due to the State's own obligation to closeout grants, the period of
performance for this pass-through fund will be limited to March 1, 2020, to October
31, 2020. Furthermore, guidance on requirements for economic assistance to
businesses is forthcoming. Jurisdictions around the State have asked for guidance
around expectations monitoring the in reimbursement The reallocation. such of
requirement for local government is one they are set up to handle due to experience
with federal and state grants; however, the same level of expertise cannot be expected
of small businesses, especially in these times when resources are scarce. Staff hopes
that both Federal and State agencies recognize this and allow local governments to
issue non-reimbursement grants.
Staff recommends that Council accept the $2,258,700 in Coronavirus Relief Funds for
Local Government grant. The City has already expended over $700,000 on eligible
reimbursement and overall costs are expected to exceed this allocation. Staff will report
on the known and anticipated impact of COVID-19 on the City's finances on June 8,
2020.
Page 21 of 83
Resolution No. CARES Act Grant Funding - 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING CITY OF PASCO’S ALLOCATION FROM THE DEPARTMENT
OF COMMERCE’S CORONAVIRUS RELIEF FUNDS FOR LOCAL
GOVERNMENT AND AUTHORIZING THE CITY MANAGER TO SIGN THE
INTERAGENCY AGREEMENT WITH THE WASHINGTON STATE
DEPARTMENT OF COMMERCE.
WHEREAS, on January 31, 2020, the United States Department of Public Health and
Human Services Secretary, Alex Azar, declared a public emergency for the novel coronavirus
(COVID-19) beginning on January 27, 2020; and
WHEREAS, on February 29, 2020, Governor Jay Inslee signed Proclamation No. 20-05,
declaring a State of Emergency exists in all counties in the State of Washington due to the number
of confirmed cases of COVID-19 in the state and directed that plans and procedures of the
Washington State Comprehensive Emergency Management Plan be implemented; and
WHEREAS, beginning on March 11, 2020, the President of the United States, Donald J.
Trump, directed the Federal Government to take numerous emergency measures to address the
unprecedented nature of this public health crisis, including restrictions on all foreign travel outside
United States of America due to the number of confirmed cases of COVID-19 in the United States;
and
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010; and
WHEREAS, on March 27, 2020, Coronavirus Aid, Relief, and Economic Security Act
(CARES) was signed into law by President Trump to assist businesses, States and certain local
governments to combat COVID-19; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That by entering the Interagency Agreement with the Washington State
Department of Commerce, the City can utilize the CARES Act allocation of $2,258,700 to get
reimbursed allowable expenditures including, but not limited to:
1. Medical expenses such as:
a. COVID-19-related expenses of public hospitals, clinics, and similar facilities.
b. Expenses of establishing temporary public medical facilities and other
measures to increase COVID-19 treatment capacity, including related
construction costs.
Page 22 of 83
Resolution No. CARES Act Grant Funding - 2
c. Costs of providing COVID-19 testing, including serological testing.
d. Emergency medical response expenses, including emergency medical
transportation, related to COVID-19.
e. Expenses for establishing and operating public telemedicine capabilities for
COVID-19-related treatment.
2. Public health expenses such as:
a. Expenses for communication and enforcement by State, territorial, local, and
Tribal governments of public health orders related to COVID-19.
b. Expenses for acquisition and distribution of medical and protective supplies,
including sanitizing products and personal protective equipment, for medical
personnel, police officers, social workers, child protection services, and child
welfare officers, direct service providers for older adults and i ndividuals with
disabilities in community settings, and other public health or safety workers in
connection with the COVID-19 public health emergency.
c. Expenses for disinfection of public areas and other facilities, e.g., nursing
homes, in response to the COVID-19 public health emergency.
d. Expenses for technical assistance to local authorities or other entities on
mitigation of COVID-19-related threats to public health and safety.
e. Expenses for public safety measures undertaken in response to COVID-19.
f. Expenses for quarantining individuals.
3. Payroll expenses for public safety, public health, health care, human services, and
similar employees whose services are substantially dedicated to mitigating or
responding to the COVID-19 public health emergency.
4. Expenses of actions to facilitate compliance with COVID-19-related public health
measures, such as:
a. Expenses for food delivery to residents, including, for example, senior citizens
and other vulnerable populations, to enable compliance with COVID-19 public
health precautions.
b. Expenses to facilitate distance learning, including technological improvements,
in connection with school closings to enable compliance with COVID-19
precautions.
c. Expenses to improve telework capabilities for public employees to enable
compliance with COVID-19 public health precautions.
Page 23 of 83
Resolution No. CARES Act Grant Funding - 3
d. Expenses of providing paid sick and paid family and medical leave to public
employees to enable compliance with COVID-19 public health precautions.
e. COVID-19-related expenses of maintaining state prisons and county jails,
including as relates to sanitation and improvement of social distancing
measures, to enable compliance with COVID-19 public health precautions.
f. Expenses for care for homeless populations provided to mitigate COVID-19
effects and enable compliance with COVID-19 public health precautions.
5. Expenses associated with the provision of economic support in connection with the
COVID-19 public health emergency, such as:
a. Expenditures related to the provision of grants to small businesses to reimburse
the costs of business interruption caused by required closures.
b. Expenditures related to a State, territorial, local, or Tribal government payroll
support program.
c. Unemployment insurance costs related to the COVID-19 public health
emergency if such costs will not be reimbursed by the federal government
pursuant to the CARES Act or otherwise.
6. Any other COVID-19-related expenses reasonably necessary to the function of
government that satisfy the Fund’s eligibility criteria.
Section 2. That the City Council does authorize and direct the City Manager to sign the
Interagency Agreement between the Washington State Department of Commerce and the City of
Pasco, Washington, through the Coronavirus Relief Fund for Local Governments, a copy of which
is attached hereto and incorporated herein by reference as Exhibit A; and to take all necessary
steps required to complete this transaction.
PASSED by the City Council of the City of Pasco, Washington, this 1st of June, 2020.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_________________________________ ________________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 24 of 83
Interagency Agreement with
City of Pasco
through
the Coronavirus Relief Fund for Local Governments
For
Costs incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID-19) during the period of
March 1, 2020 thru October 31, 2020.
Start date: March 1, 2020
EXHIBIT A
Page 25 of 83
ii
TABLE OF CONTENTS
Special Terms and Conditions
1. Authority…………………………………………………………………………………..1
2. Acknowledgement of Federal Funding………………………………………………..1
3. Contract Management ........................................................................................... 1
4. Compensation ........................................................................................................ 1
5. Expenses…………………………………………………………………………………1
6. Indirect Costs…………………………………………………………………………….1
7. Billing Procedures and Payment ............................................................................ 1
8. Audit……………………………………………………………………………………….2
9. Debarment…………………………….………………………………………………….3
10. Laws ....................................................................................................................... 3
11. Order of Precedence .............................................................................................. 4
General Terms and Conditions
1. Definitions .............................................................................................................. 5
2. All Writings Contained Herein ................................................................................ 5
3. Amendments .......................................................................................................... 5
4. Assignment ............................................................................................................ 5
5. Confidentiality and Safeguarding of Information.................................................... 5
6. Copyright................................................................................................................ 6
7. Disputes ................................................................................................................. 6
8. Governing Law and Venue .................................................................................... 6
9. Indemnification ....................................................................................................... 7
10. Licensing, Accreditation and Registration ............................................................. 7
11. Recapture .............................................................................................................. 7
12. Records Maintenance ............................................................................................ 7
13. Savings .................................................................................................................. 7
14. Severability ............................................................................................................ 7
15. Subcontracting ....................................................................................................... 7
16. Survival .................................................................................................................. 8
17. Termination for Cause ........................................................................................... 8
18. Termination for Convenience................................................................................. 8
19. Termination Procedures ........................................................................................ 8
20. Treatment of Assets ............................................................................................... 9
21. Waiver .................................................................................................................. 10
Attachment A, Scope of Work ................................................................................................... 11
Attachment B, Budget & Invoicing ............................................................................................. 13
Attachment C, A-19 Certification ................................................................................................ 14
Attachment D, A-19 Activity Report ........................................................................................... 16
Page 26 of 83
FACE SHEET
iii
Contract Number: 20-6541C-283
Washington State Department of Commerce
Local Government Division
Community Capital Facilities Unit
Coronavirus Relief Fund for Local Governments
1. Contractor 2. Contractor Doing Business As (optional)
City of Pasco
525 N 3rd Ave
Pasco, Washington 99301
3. Contractor Representative 4. COMMERCE Representative
Richa Sigdel
Finance Director
509-544-3065
sigdelr@pasco-wa.gov
«Full_Name»
Project Manager
«LU_Project_ManagerPhone_Number»
Fax 360-586-5880
«Mgr_EMail»
P.O. Box 42525
1011 Plum Street SE
Olympia, WA 98504-
2525
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$2,258,700 Federal: State: Other: N/A: March 1, 2020 October 31, 2020
9. Federal Funds (as applicable)
2,258,700
Federal Agency: CFDA Number:
US Dept. of the Treasury 21.999
Indirect Rate (if applicable):
10%
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
91-6001264 SWV0007164 113-000-052 009974598
14. Contract Purpose
To provide funds for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID -19)
during the period of March 1, 2020 thru October 31, 2020. Final invoices must be received by November 15, 2020.
15. Signing Statement
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of
this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their
respective agencies. The rights and obligations of both parties to this C ontract are governed by this Contract and the following
documents hereby incorporated by reference: Attachment “A” – Scope of Work, Attachment “B” – Budget & Invoicing, Attachment
“C” – A-19 Certification, Attachment “D” – A-19 Activity Report
FOR CONTRACTOR FOR COMMERCE
David K Zabell, City Manager
Date
Mark K. Barkley, Assistant Director, Local Government Division
Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 05-01-2020.
APPROVAL ON FILE.
Page 27 of 83
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 1
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal
Cooperation Act, Chapter 39.34 RCW.
2. ACKNOWLEDGMENT OF FEDERAL FUNDS
Funds under the Contract are made available and are subject to Section 601(a) of the Social Security
Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES
Act), and Title V and VI of the CARES Act.
The Contractor agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole
or in part with federal funds under this Contract, shall contain the following statements:
“This project was supported by a grant awarded by US Department of the Treasury. Points of
view in this document are those of the author and do not necessarily represent the official position
or policies of the US Department of the Treasury. Grant funds are administered by the Local
Government Coronavirus Relief Fund thru the Washington State Department of Commerce.”
3. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet of
this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet of
this Contract.
4. COMPENSATION
COMMERCE shall pay an amount not to exceed the contract amount listed on the Face Sheet for the
performance of all things necessary for or incidental to the performance of work under this Contract as set
forth in the Scope of Work (Attachment A).
5. EXPENSES
Contractor shall receive reimbursement for allowable expenses as identified in the Scope of Work
(Attachment A) or as authorized in advance by COMMERCE as reimbursable.
Travel expenses may include airfare (economy or coach class only), other transportation expenses, and
lodging and subsistence necessary during periods of required trave l. Contractor shall receive compensation
for travel expenses at current state travel reimbursement rates.
6. INDIRECT COSTS
Contractor shall provide their indirect cost rate that has been negotiated between their entity and the federal
government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs
(MTDC) will be used.
7. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the Contractor for eligible Project expenditures, up to the maximum payable
under this Contract. When requesting reimbursement for expenditures made, Contractor shall submit all
Invoice Vouchers and any required documentation electronically through COMMERCE’s Contracts
Management System (CMS), which is available through the Secure Access Washington (SAW) portal. If
the Contractor has constraints preventing access to COMMERCE’s online A-19 portal, a hard copy A-19
form may be provided by the COMMERCE Project Manager upon request.
Page 28 of 83
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 2
The voucher must be certified by an official of the Contractor with authority to bind the Contractor. The final
voucher shall be submitted to COMMERCE no later than November 15, 2020.
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly.
The invoices shall describe and document, to COMMERCE's satisfaction, reimbursable expenditures as
set forth under the Scope of Work (Attachment A) and Budget & Invoicing (Attachment B). The invoice shall
include the Contract Number as stated on the Face Sheet.
Each voucher must be accompanied by an A-19 Certification (Attachment C) and A-19 Activity Report
(Attachment D). The A-19 Certification must be certified by an authorized party of the Contractor to certify
and attest all expenditures submitted on the voucher are in compliance with the United States Treasury
Coronavirus Relief Fund (“Fund”) Guidance for State, Territorial, Local, and Tribal Governments :
https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-
and-Tribal-Governments.pdf
The A-19 Activity Report must be submitted which describes, in Excel spreadsheet and narrative form, a
detailed breakdown of the expenditures within each applicable budget sub-category identified in the
voucher, as well as a report of expenditures to date. COMMERCE will not release payment for any
reimbursement request received unless and until the A-19 Certification and A-19 Activity Report is received.
After approving the Invoice Voucher, A-19 Certification and Activity Report, COMMERCE shall promptly
remit a warrant to the Contractor.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt
of properly completed invoices. Payment shall be sent to the address designated by the Contractor .
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of
this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall
be made by COMMERCE.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE
shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subcontractors.
Should the Contractor be found to spent funds inconsistent with federal laws, rules, guidelines, or otherwise
inappropriately, it is the responsibility of the Contractor to reimburse Commerce for any amount spent on
disallowed costs.
8. AUDIT
Contractor shall maintain internal controls providing reasonable assurance it is managing federal awards
in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a
material effect on each of its federal programs; and prepare appropriate financial statements, including a
schedule of expenditures of federal awards.
If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all
sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program -specific
audit for that fiscal year. Upon completion of each audit, the Contractor shall:
Page 29 of 83
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 3
A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501,
reports required by the program -specific audit guide (if applicable), and a copy of any management
letters issued by the auditor.
B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.
If the Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or all
sources in any fiscal year, the Contractor shall notify COMMERCE they did not meet the single audit
requirement.
The Contractor shall send all single audit documentation to auditreview@commerce.wa.gov.
9. DEBARMENT
A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms
and Conditions that to the best of its knowledge and belief that they:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
ii. Have not within a three-year period preceding this Contract, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private agreement or transaction,
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph
(1)(b) of federal Executive Order 12549; and
iv. Have not within a three-year period preceding the signing of this Contract had one or more
public transactions (Federal, State, or local) terminated for cause of default.
B. Where the Contractor is unable to certify to any of the statements in this Contract, the Contractor shall
attach an explanation to this Contract.
C. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by COM MERCE.
D. The Contractor further agrees by signing this Contract that it will include the clause titled “Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction,” as follows, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
i. The lower tier Contractor certifies, by signing this Contract that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
ii. Where the lower tier Contractor is unable to certify to any of the statements in this Contract,
such contractor shall attach an explanation to this Contract.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
person, primary covered transaction, principal, and voluntarily excluded, as used in this section,
have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive
Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations.
10. LAWS
The Contractor shall comply with all applicable laws, ordina nces, codes, regulations, and policies of local,
state, and federal governments, as now or hereafter amended, including, but not limited to:
Page 30 of 83
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 4
United States Laws, Regulations and Circulars (Federal)
Contractor shall comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirement
for Federal Award, 2 CFR 200, Subpart F – Audit Requirements.
Contractor shall comply with the applicable requirements of 2 CFR Part 200, including any future
amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget
(OMB) Circular or regulation.
Contractor shall comply with Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of
1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The
Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28
C.F.R. Part 35 and 39.
11. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence
in the following order:
Applicable federal and state of Washington statutes and regulations
Special Terms and Conditions
General Terms and Conditions
Attachment A – Scope of Work
Attachment B – Budget & Invoicing
Attachment C – A-19 Certification
Attachment D – A-19 Activity Report
Page 31 of 83
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 5
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to
act on the Director’s behalf.
B. “COMMERCE” shall mean the Department of Commerce.
C. “Contract” or “Agreement” means the entire written agreement between COMMERCE and the
Contractor, including any attachments, documents, or materials incorporated by reference. E-mail
or facsimile transmission of a signed copy of this contract shall be the same as delivery of an
original.
D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
E. “Personal Information” shall mean information identifiable to any person, including, but n ot limited
to, information that relates to a person’s name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. ”State” shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
“subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by
COMMERCE;
ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE;
and
iii. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharin g, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Contractor shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request, the
Contractor shall provide COMMERCE with its policies and procedures on confidentiality.
Page 32 of 83
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 6
COMMERCE may require changes to such policies and procedures as they appl y to this Contract
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Contractor shall make the changes within the time period specified
by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) wor king
days of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered “works for hire”
under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in
all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERC E
effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tap es,
and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre -existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and
represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract. The
Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE
shall have the right to modify or remove any res trictive markings placed upon the Materials by the
Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, a s
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior
Court for Thurston County.
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 7
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies available
at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payment s
due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall maintain records that identify, in its accounts, all federal awards received and
expended and the federal programs under which they were received, by Catalog of Federal Domestic
Assistance (CFDA) title and number, award number and year, name of the federal agency, and name
of the pass-through entity.
The Contractor shall retain such records for a period of six (6) years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 8
relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity;
or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. Contractor
shall incorporate 2 CFR Part 200, Subpart F audit requirements into all subcontracts. The Contractor
is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition
of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure
fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or
reduce the liability of the Contractor to COMMERCE for any breach in the performance of the
Contractor’s duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subcontractor’s performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall
so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the replacement
or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of
the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the C ontractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition
to any other rights and remedies provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this
Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of
this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,
may require the Contractor to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this contract as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 9
with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the C ontractor under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the Authorized Representative any property which, if the contract had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of
the Contractor and in which the Authorized Representative has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property
by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this
contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this contract, or (ii) commencement of use of such property in the performance of this
contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Contractor or which results from the failure on the part of the Contractor
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor’s employees, agents
or Subcontractors.
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 10
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
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Attachment A
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 11
Scope of Work
This funding is made available under section 601(a) of the Social Security Act, as added by section 5001
of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and Section V and VI of the
CARES Act, for costs incurred due to the public health emergency with respect to the Coronavirus Disease
2019 (COVID-19). Under the CARES Act, the Coronavirus Relief Fund may be used to cover costs that:
1. Are necessary expenditures incurred due to the public health emergency with respect to the
Coronavirus Disease 2019 (COVID–19); AND
2. Are not accounted for in the budget most recently approved as of March 27, 2020 (the date
of enactment of the CARES Act) for the State or government.
These funds may be used to reimburse for expenditures incurred during the period of March 1, 2020 thru
Oct. 31, 2020. Please note: In order to ensure all funds have been fully utilized prior to the US
Treasury’s December 30, 2020 end date, the State of Washington must closeout contracts by October
31, 2020. All final requests for reimbursement must be received no later than November 15, 2020.
Expenditures must be used for necessary actions taken to respond to the public health emergency. These
may include expenditures incurred to allow the local government to respond directly to the emergency, such
as by addressing medical or public health needs, as well as expenditures incurred to respond to second -
order effects of the emergency, such as by providing economic support to those suffering from employment
or business interruptions due to COVID-19-related business closures.
Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not
a permissible use of Fund payments.
Payments may be used only to cover costs not accounted for in the budget most recently approved as of
March 27, 2020. A cost meets this requirement if either:
1. The cost cannot lawfully be funded using a line item, allotment, or allocation within that budget; OR
2. The cost is for a substantially different use from any expected use of funds in such a line item,
allotment, or allocation.
The “most recently approved” budget is the enacted budget for the relevant fiscal period for the particular
government. A cost is not considered to have been accounted for in a budget merely because it could be
met using a budgetary stabilization fund, rainy day fund, or similar reserve account.
Allowable expenditures include, but are not limited to :
1. Medical expenses such as:
a. COVID-19-related expenses of public hospitals, clinics, and similar facilities.
b. Expenses of establishing temporary public medical f acilities and other measures to increase
COVID-19 treatment capacity, including related construction costs.
c. Costs of providing COVID-19 testing, including serological testing.
d. Emergency medical response expenses, including emergency medical transportation, related
to COVID-19.
e. Expenses for establishing and operating public telemedicine capabilities for COVID -19-related
treatment.
2. Public health expenses such as:
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Attachment A
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 12
a. Expenses for communication and enforcement by State, territorial, local, and Tribal
governments of public health orders related to COVID-19.
b. Expenses for acquisition and distribution of medical and protective supplies, including
sanitizing products and personal protective equipment, for medical personnel, police officers,
social workers, child protection services, and child welfare officers, direct service providers for
older adults and individuals with disabilities in community settings, and other public health or
safety workers in connection with the COVID-19 public health emergency.
c. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response
to the COVID-19 public health emergency.
d. Expenses for technical assistance to local authorities or other entities on mitigation of COVID -
19-related threats to public health and safety.
e. Expenses for public safety measures undertaken in response to COVID-19.
f. Expenses for quarantining individuals.
3. Payroll expenses for public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the COVID -
19 public health emergency.
4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such
as:
a. Expenses for food delivery to residents, including, for example, senior citizens and other
vulnerable populations, to enable compliance with COVID-19 public health precautions.
b. Expenses to facilitate distance learning, including technological improvements, in connection
with school closings to enable compliance with COVID-19 precautions.
c. Expenses to improve telework capabilities for public employees to enable compliance with
COVID-19 public health precautions.
d. Expenses of providing paid sick and paid family and medical leave to public employees to
enable compliance with COVID-19 public health precautions.
e. COVID-19-related expenses of maintaining state prisons and county jails, including as relates
to sanitation and improvement of social distancing measures, to enable compliance with
COVID-19 public health precautions.
f. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable
compliance with COVID-19 public health precautions.
5. Expenses associated with the provision of economic support in connection with the COVID-19
public health emergency, such as:
a. Expenditures related to the provision of grants to small businesses to reimburse the costs of
business interruption caused by required closures.
b. Expenditures related to a State, territorial, local, or Tribal government payroll support program.
c. Unemployment insurance costs related to the COVID-19 public health emergency if such costs
will not be reimbursed by the federal government pursuant to the CARES Act or otherwise.
6. Any other COVID-19-related expenses reasonably necessary to the function of government that
satisfy the Fund’s eligibility criteria.
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Attachment B
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 13
Budget & Invoicing
The Contractor shall determine the appropriate budget and use of funds within the following 6 budget
categories and their sub-categories:
1. Medical
2. Public Health
3. Payroll
4. Actions to Comply with Public Health Measures
5. Economic Support
6. Other Covid-19 Expenses
The Contractor shall submit invoice reimbursement requests to the Commerce Representative using the
Commerce Contract Management System’s (CMS) Online A-19 Portal. Each reimbursement request must
include:
1. A-19 Certification form – An authorized party of the local government will certify each invoice (A19)
submitted for reimbursement and attest that all incurred expenditures meet the US Treasury
Department’s guidance: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-
Guidance-for-State-Territorial-Local-and-Tribal-Governments.pdf
2. A-19 Activity Report
3. A detailed breakdown of the expenditures incurred within each applicable budget sub-category on
the A-19 Activity Report.
The A-19 Certification and Activity Report templates will be provided with the executed contract. The
documents are included in Attachment C and Attachment D for reference.
Receipts and proof of payment for costs incurred do not need to be submitted with A-19s. All contractors
are required to maintain accounting records in accordance with state and federal laws. Records must be
sufficient to demonstrate the funds have been used in accordance with section 601(d) of the Social Security
Act. Commerce reserves the right to audit any costs submitted for reimbursement. The Contractor shall
comply with Commerce A-19 audits and provide the appropriate records upon request.
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Attachment C
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 14
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Attachment C
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 15
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Attachment D
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 16
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Attachment D
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 17
Page 44 of 83
(Dated 5-18-2020)
Coronavirus
Relief Funds for
Local Governments
Program Guidelines
CARES Act Funds for Local Governments
In Washington State
Administered by the Department of Commerce
Local Government Division
P.O. Box 42525
Olympia, WA 98504-2525
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Contact Information
Mailing / Street Address:
Washington State Department of Commerce
Local Government Division
PO Box 42525
1011 Plum Street SE
Olympia, WA 98504-2525
Program Leadership:
Tony Hanson
Deputy Assistant Director
Community Capital Facilities Unit
360-725-3005
Tony.Hanson@commerce.wa.gov
Tina Hochwender
Managing Director
Community Assistance and Research Unit
360-725-3087
Tina.Hochwender@commerce.wa.gov
Commerce Leadership:
Lisa Brown, Ph.D.
Director
Mark Barkley
Assistant Director
Local Government Division
This publication is available in an alternative format upon request. Events sponsored by
Commerce are accessible to persons with disabilities. Accommodations may be arranged with
a minimum of 10 working days’ notice by calling 360-725-3087
Page 46 of 83
Coronavirus Relief Funds (CRF) for Local Governments
Program Guidelines
TABLE OF CONTENTS
General Information .................................................................... 1
1. Source of Funds .............................................................. 1
2. Allocation Formula .......................................................... 1
3. Period of Performance .................................................... 1
4. Intended Use ................................................................... 1
5. Eligible Costs .................................................................. 2
6. Ineligible Costs ............................................................... 4
7. Eligible Cost Test ............................................................ 4
8. Cost Reimbursements ..................................................... 5
Process & Procedure to Obtain Funds ....................................... 7
1. Award Letter .................................................................... 7
2. Working Papers .............................................................. 7
3. Contract .......................................................................... 7
4. Reimbursement Requests ............................................... 8
5. A-19 Certification and Activity Report .............................. 8
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1
General Information
1. Source of Funds
You have been awarded funds through the state’s Coronavirus Relief Funds (CRF). The funds are
available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus
Aid, Relief, and Economic Security Act (“CARES Act”).
Your grant is funded entirely through the federal stimulus funding under the CARES Act provided by the
U.S. Department of Treasury (US Treasury) to the Governor via the Office of Financial Management
(OFM).
On April 27, 2020 Governor Inslee announced the award of nearly $300 million to local governments in
CRF from the state's allocation of the CARES Act funding.
2. Allocation Formula
OFM developed the allocation methodology and determined the jurisdiction amounts. The allocations
were based on 2019 population estimates for each jurisdiction.
Funds will be provided to cities and counties with populations under 500,000 that were ineligible to
receive direct funding under the CARES Act. Each county will receive a minimum distribution of
$250,000 and each city will receive a minimum distribution of $25,000.
Cities and counties with populations over 500,000 did not receive a direct allocation from the state.
Instead these jurisdictions received a direct allocation from the US Treasury (i.e. city of Seattle, King
Co., Pierce Co., Snohomish Co., etc.).
For a complete list of cities and counties and their allocations, click here.
3. Period of Performance
The Coronavirus Relief Funds may only be used for costs incurred by local governments in response to
the COVID-19 public health emergency during the period of March 1, 2020 thru October 31, 2020.
The US Treasury’s Guidance provides an end date of December 30, 2020. This is the end date in which
the state must have reimbursed all “recipients of the funds” (grantees) their costs incurred in response to
the COVID-19 emergency. In order to allow time for Commerce to process final payments and conduct
contract closeouts; and for OFM to fully utilize any unspent funds before they expire, expenditures are
only being accepted on costs incurred through October 31, 2020.
All final requests for reimbursement must be submitted no later than November 15, 2020.
4. Intended Use
Under the CARES Act, the Coronavirus Relief Funds (CRF) may be used to cover costs that:
1. Are necessary expenditures incurred due to the public health emergency with respect to the
Coronavirus Disease 2019 (COVID–19); AND
2. Are NOT accounted for in the budget most recently approved as of March 27, 2020 (the date
of enactment of the CARES Act) for the State or local government. The “most recently
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2
approved” budget refers to the enacted budget for the relevant fiscal period for the particular
government. A cost meets this requirement if:
a) The cost cannot lawfully be funded using a line item, allotment, or allocation within that
budget; OR
b) The cost is for a substantially different use from any expected use of funds in such a
line item, allotment, or allocation.
3. A cost is not considered to have been accounted for in a budget merely because it could be
met using a budgetary stabilization fund, rainy day fund, or similar reserve account.
Funds may NOT be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is
not a permissible use of Fund payments.
The use of these funds are very broad and flexible, and can be used for both operating and capital
expenditures.
If funds are being used for capital expenditures such as acquisition of real property or construction /
renovation costs, please contact us immediately. We will provide you with further information and
guidance. Utilizing CRF for these purposes will require additional Federal and state provisions being
applied to the project such as:
All projects must be reviewed under a Federal Section 106 review for archaeological and
cultural resources if the project: acquires property, disturbs ground, and/or involves
structures more than 50 years old. Grantees must submit documentation to the project
manager when the review is complete. Section 106 supersedes the Governor’s Executive
Order 05-05 review.
Construction / renovation projects may be required to meet high-performance building
standards and document they have entered the state’s LEED certification process.
Construction / renovation projects will be required to follow Federal Davis Bacon and state
prevailing wage laws, rules, and regulations.
Additionally, grantees must ensure all capital expenditures are only for costs incurred through the limited
timeframe of March 1, 2020 thru October 31, 2020.
5. Eligible costs
There are six (6) primary eligible cost categories. These cost categories and their eligible cost sub-
categories are as follows:
1. Medical expenses such as:
COVID-19-related expenses of public hospitals, clinics, and similar facilities.
Expenses of establishing temporary public medical facilities and other measures to
increase COVID-19 treatment capacity, including related construction costs.
Costs of providing COVID-19 testing, including serological testing.
Emergency medical response expenses, including emergency medical
transportation, related to COVID-19.
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3
Expenses for establishing and operating public telemedicine capabilities for
COVID-19-related treatment.
2. Public health expenses such as:
Expenses for communication and enforcement by State, territorial, local, and
Tribal governments of public health orders related to COVID-19.
Expenses for acquisition and distribution of medical and protective supplies, including
sanitizing products and personal protective equipment, for medical personnel, police
officers, social workers, child protection services, and child welfare officers, direct
service providers for older adults and individuals with disabilities in community
settings, and other public health or safety workers in connection with the COVID-19
public health emergency.
Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in
response to the COVID-19 public health emergency.
Expenses for technical assistance to local authorities or other entities on
mitigation of COVID-19-related threats to public health and safety.
Expenses for public safety measures undertaken in response to COVID-19.
Expenses for quarantining individuals.
3. Payroll expenses for public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.
4. Expenses of actions to facilitate compliance with COVID-19-related public health
measures, such as:
Expenses for food delivery to residents, including, for example, senior citizens and
other vulnerable populations, to enable compliance with COVID-19 public health
precautions.
Expenses to facilitate distance learning, including technological improvements, in
connection with school closings to enable compliance with COVID-19 precautions.
Expenses to improve telework capabilities for public employees to enable
compliance with COVID-19 public health precautions.
Expenses of providing paid sick and paid family and medical leave to public
employees to enable compliance with COVID-19 public health precautions.
COVID-19-related expenses of maintaining state prisons and county jails, including as
relates to sanitation and improvement of social distancing measures, to enable
compliance with COVID-19 public health precautions.
Expenses for care for homeless populations provided to mitigate COVID-19
effects and enable compliance with COVID-19 public health precautions.
5. Expenses associated with the provision of economic support in connection with the
COVID-19 public health emergency, such as:
Expenditures related to the provision of grants to small businesses to reimburse the
costs of business interruption caused by required closures.
Expenditures related to a state, territorial, local, or Tribal government payroll
support program.
Unemployment insurance costs related to the COVID-19 public health emergency
if such costs will not be reimbursed by the federal government pursuant to the
CARES Act or otherwise.
Page 50 of 83
4
6. Any other COVID-19-related expenses reasonably necessary to the function of government
that satisfy the Fund’s eligibility criteria.
6. Ineligible costs
Non-allowable expenditures include, but are not limited to:
1. Expenses for the state share of Medicaid.
2. Damages covered by insurance.
3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated
to mitigating or responding to the COVID-19 public health emergency.
4. Expenses that have been or will be reimbursed under any federal program, such as the
reimbursement by the federal government pursuant to the CARES Act of contributions by
states to state unemployment funds.
5. Reimbursement to donors for donated items or services.
6. Workforce bonuses other than hazard pay or overtime.
7. Severance pay.
8. Legal settlements.
7. Eligible cost test
Grantees are charged with determining whether or not an expense is eligible based on the US Treasury’s
Guidance and as provided in the grantee’s contract scope of work with Commerce.
To assist grantees with this determination, Commerce has developed an eligibility cost test. This test
gives each grantee full authority to make the appropriate call for each circumstance.
TEST – If all responses for the particular incurred cost are “true” for all five statements below, then a
jurisdiction can feel confident the cost is eligible:
1. The expense is connected to the COVID-19 emergency.
2. The expense is “necessary”.
3. The expense is not filling a short fall in government revenues.
4. The expense is not funded thru another budget line item, allotment or allocation, as of March
27, 2020.
5. The expense wouldn’t exist without COVID-19 OR would be for a “substantially different”
purpose.
It is the responsibility of each grantee to define “necessary” or “substantially different”, giving the
grantee the authority and flexibility to make their own determination.
Additional consideration – The intent of these funds is to help jurisdictions cover the immediate
impacts of the COVID-19 emergency. Both direct costs to the jurisdiction and costs to their communities.
There are many possible eligible costs.
Many costs are clearly eligible and others are in more of a grey area. One could probably justify some of
the “grey area” costs based on the test, but are they directly addressing the immediate impacts? Possibly
not. In these situations it may be safer and more appropriate to utilize the funds in one of the many other
eligible cost categories that more clearly meet the intent of the funds. Again, each grantee has the full
authority to make the final call based on their circumstances and justification.
Page 51 of 83
5
8. Cost reimbursement
Funds are available on a reimbursement basis only, and cannot be advanced under any circumstances.
If funds are being used for the acquisition of real property or construction / renovation costs, please
contact us immediately. Reimbursable costs are those that a Grantee has already incurred. We may only
reimburse grantees for eligible costs incurred in response to the COVID-19 public health emergency
during the period of March 1, 2020 thru October 31, 2020.
Final Date of Reimbursements
In order to ensure all awardees and their costs incurred in response to the COVID-19
emergency are paid out by December 30, 2020 per the US Treasury’s Guidance,
expenditures are only being accepted on costs incurred through October 31, 2020.
All final requests for reimbursement must be submitted no later than November 15, 2020.
Grantees will not be required to submit a proposed budget prior to contract execution. Grantees will have
the discretion and flexibility to determine where these funds may best serve their communities.
Each grantee will determine eligible costs to submit for reimbursement. For reporting purposes,
expenditures must be tracked at the sub-category level for the six (6) primary eligible cost categories, as
follows:
1. Medical Expenses
A. Public hospitals, clinics, and similar facilities
B. Temporary public medical facilities & increased capacity
C. COVID-19 testing, including serological testing
D. Emergency medical response expenses
E. Telemedicine capabilities
F. Other
2. Public Health Expenses
A. Communication and enforcement of public health measures
B. Medical and protective supplies, including sanitation and PPE
C. Disinfecting public areas and other facilities
D. Technical assistance on COVID-19 threat mitigation
E. Public safety measures undertaken
F. Quarantining individuals
G. Other
3. Payroll expenses for public employees dedicated to COVID-19
A. Public Safety
B. Public Health
C. Health Care
D. Human Services
E. Economic Development
F. Other
4. Expenses to facilitate compliance with COVID-19 measures
A. Food access and delivery to residents
B. Distance learning tied to school closings
C. Telework capabilities of public employees
Page 52 of 83
6
D. Paid sick and paid family and medical leave to public employees
E. COVID-19-related expenses in county jails
F. Care and mitigation services for homeless populations
G. Other
5. Economic Supports
A. Small Business Grants for business interruptions
B. Payroll Support Programs
C. Other
6. Other COVID-19 Expenses
No receipts or proof of payment for costs incurred will be required to be submitted to Commerce.
Grantees are still required to maintain sufficient accounting records in accordance with state and federal
laws. Monitoring visits may be scheduled.
Page 53 of 83
7
Process and Procedure to Obtain Funds
1. Award Letter
Commerce strives to administer funds expediently and with a minimum of red tape. We do so within the
policies and procedures established by the US Treasury and state’s Legislature, OFM, Commerce, and
the Office of the Attorney General. Prior to receiving funds, a contract will need to be executed with
Commerce.
Award letters with instructions to initiate the contracting process will be emailed to each city and county
receiving an allocation by no later than May 22nd. Emails to cities will be sent to mayors and any other
contacts obtained with the assistance of the Association of Washington Cities. Emails to counties will be
sent to the county commissioners and any other contacts obtained with the assistance of the Washington
State Association of Counties.
Included with the award letter will be:
CRF Program Guidelines
A draft contract template for review and to initiate the public process for authorization to
execute once the final contract is available for execution
Working Papers
2. Working papers
Your grant award packet includes Working Papers. The Working Papers ask for basic information
needed to create a contract:
Contact information for the person who will administer the grant once the contract is
signed. Grant documents and correspondence will be sent to this person.
Your Statewide Vendor Number (SWV#)
Your Federal Indirect Rate
Your fiscal year end date
Name and title for the person authorized by the jurisdiction to sign the contract
Please complete and return the Working Papers to the Commerce project manager identified in the award
letter as soon as possible, even if you do not plan to begin drawing your funds for a while. Your project
manager will manage your contract until project completion. Feel free to give us a call if you have any
questions as you fill out the form (see contact information on previous page).
3. Contract
Once the completed Working Papers have been received by the Commerce project manager identified in
the award letter, a contract will be prepared and sent to you for signature. Have the authorized
representative sign the contract and then return a scanned pdf copy to your project manager. Then the
project manager will route the contract for Commerce’s signature. It generally takes two to four weeks to
fully execute a contract. Once executed by Commerce a fully executed copy will be scanned and a pdf
copy emailed to the jurisdiction and you will have access to your funds.
Commerce is working to make the contracting process as quick and easy as possible.
Page 54 of 83
8
4. Reimbursements
This is a reimbursement-style grant, meaning no advance payments. Funds are available once a contract
is executed. All grantees are required to set up a SWV number so funds may be sent electronically.
Grantees have the flexibility to cash out their grant or draw down funds as frequently as once a month as
long as you have incurred documented eligible costs in response to the COVID-19 public health
emergency during the period of March 1, 2020 thru October 31, 2020. All final requests for
reimbursement must be submitted no later than November 15, 2020.
Commerce has moved to electronic vouchering through their Contracts Management System (CMS)
Online A-19 Portal. Requests for reimbursement must be submitted online through the CMS System by
an individual authorized by the Grantee’s organization. Online electronic vouchering provides for
grantees to receive reimbursements as quickly as possible. Grantees with barriers to using the online A-
19 portal, may request an A-19 form from their Commerce project manager.
Access to CMS is available through the Secure Access Washington (SAW) portal. You will need to
create a SAW account if you do not already have one. Please find detailed instructions here: Office of
Financial Management. It may take up to three weeks after you submit this information for an electronic
transfer account to be set up. We will automatically receive your SWV number from the office that sets
them up.
Once logged into SAW, add the Department of Commerce to your ‘services’ and submit an Online A-19
External User Request form. Then Commerce will add you as a new external user in CMS; and the CMS
system will generate and email a registration code to you to complete the CMS registration.
For additional grantee support, refer to the Commerce Online A-19 Webpage for External Users, which
includes SAW resources and the CMS manual for external users.
The A-19 voucher must include a detailed breakdown of the costs incurred within each eligible budget
category and the total reportable eligible expenses in response to the COVID-19 public health
emergency. Accompanying with each voucher must be an executed A-19 certification and A-19 activity
report. Incomplete or improperly prepared submissions may result in payment delays. After receipt and
acceptance of a fully completed A-19 voucher submittal, grantees can expect electronic reimbursements
within 7-10 days.
No receipts or proof of payment for costs incurred will be required to be submitted to
Commerce. Grantees are still required to maintain sufficient accounting records in accordance
with state and federal laws; and are responsible for maintaining clear and accurate program
records, and making them accessible to Commerce and the State Auditor.
Monitoring visits may be scheduled.
5. A-19 Certification and Activity Report
In order to receive reimbursement for eligible expenses incurred, each A-19 Voucher must include:
1. A completed A-19 Certification:
An individual authorized to execute on behalf of the local government must certify by
signing this document under penalty of perjury that the items and costs listed herein
and on the accompanying Commerce A-19 Voucher are eligible charges for necessary
expenditures incurred due to the COVID-19 public health emergency that were not
previously accounted for in the most recent approved budget as of March 27, 2020,
Page 55 of 83
9
and that the funds were used in accordance with section 601(a) of the Social Security
Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security
Act (“CARES Act”).
2. A completed A-19 Activity Report (instructions included in document):
Must be submitted as an Excel spreadsheet, not a PDF.
Include a detailed breakdown of the individual eligible expenditures reported by each
sub-category of the six (6) primary budget categories. Each primary budget category
includes sub-categories and provides an option to add “other” sub-categories.
Include the total amount of all previous reimbursement requests for each applicable
sub-category.
Include the total amount of funds being requested in the current reimbursement
request for each applicable sub-category.
Include a brief description of the use of the funds being requested for each applicable
sub-category. Keep descriptions as concise as possible, but include adequate context
to demonstrate how these funds addressed the COVID-19 emergency. If applicable,
please consider:
o Providing a brief description of the specific activities performed.
o Identifying specific populations served.
o Identifying specific programs created or utilized.
o Including any known or intended outcomes, results, or community impacts.
A certification and activity report must be completed and returned with each reimbursement voucher.
After the contract is executed, you will receive additional instructions on how to submit
electronic reimbursement requests with the A-19 certification and A-19 activity report.
Page 56 of 83
AGENDA REPORT
FOR: City Council May 29, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
6/1/20
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Street Vacation: Vacating Portions of Streets and Alleys in Washington
Addition (MF# VAC2019-007)
I. REFERENCE(S):
Proposed Ordinance
Overview Map
Vacation Petition
Proposed Plat
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONTINUE PUBLIC HEARING (FROM 3/16/2020 COUNCIL MEETING)
MOTION: I move to adopt Ordinance No._____, vacating all roads and alleys lying
north of the centerline of E. Helena Street and east of the centerline of Missoula Street
within the plat of Washington Addition and further, authorize publication by summary
only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Empire Bros Construction, the applicant, has submitted a vacation proposal to vacate
portions of rights-of-way within Washington Addition in order to facilitate platting of a
residential subdivision. The platting will re-dedicate any necessary right-of-way to
serve the development. A hearing for the plat was held by the Hearing Examiner on
May 13, 2020, and a copy of the preliminary plat has been provided for reference. Staff
anticipates that the Hearing Examiner will approve the plat on or before May 29, 2020.
To give the applicant time to obtain Hearing Examiner approval of the aforementioned
plat, Council set June 1, 2020, as the date to consider the proposed vacation in a public
Page 57 of 83
hearing.
V. DISCUSSION:
Per PMC Chapter 12.40, the Council may require compensation for vacated rights-of-
way. The compensation involves obtaining a title report and appraisal of value.
However, the compensation and the requirements attached thereto may be waived if
one or more of the following conditions apply:
1. The vacation is initiated by the City Council by Resolution;
2. The vacation is at the request of the City;
3. The right-of-way to be vacated was previously determined by the City Council
not to be essential to public traffic circulation and available for vacation;
4. The grant of substitute right-of-way which has a value as a right-of-way at least
equal to that right-of-way to be vacated; or
5. The resulting benefit to the community of the project requiring the vacation
outweighs the appraised value of the right-of-way to be vacated.
Staff recommends the compensation for the subject right-of-way be waived based on
condition rightof The above. listed 5 No. portion -of-is vacated be to way
approximately three (3) acres and assessed at approximately $66,270. Considering the
City paid no public funds to acquire the right-of-way initially, the City will not have
lost any funds if the vacation is approved. Staff believes the benefit to the community
of the proposed subdivision will have a community value exceeding that of the
assessed value of the rights-of-way in question.
In order for the applicant to pursue this vacation request, staff has required processing
of a plat layout to ensure no essential rights-of-way that will be required to provide
sufficient access to the proposed plat as well as the surrounding area will be vacated.
The applicant is expected to obtained preliminary plat approval by the Hearing
Examiner on or before May 29, 2020, though the status of the plat will be relayed to
Council during the June 1, 2020 vacation hearing. Discussion with the Hearing
Examiner indicates that formal approval of the plat will occur without any change in
plat layout, therefore the vacation request will not conflict with the proposed street and
utility layout.
The plat will eventually connect Heritage Boulevard to Primavera Drive in the Tierra
Vida neighborhood via Helena Street. The design engineer for both Empire Estates and
Tierra Vida is to submit street engineering plans for both developments concurrently
for the benefit of both plats; thus, both Helena Street and Primavera Drive are expected
to connect and be improved at roughly the same time.
The proposal has been thoroughly reviewed by City departments and affected agencies.
Staff recommends Council's favorable consideration for this request.
Page 58 of 83
Ordinance – VAC2019-007 - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. __________
AN ORDINANCE VACATING ALL ROADS AND ALLEYS LYING
NORTH OF THE CENTERLINE OF E HELENA STREET AND EAST OF
THE CENTERLINE OF MISSOULA STREET WITHIN THE PLAT OF
WASHINGTON ADDITION
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate right -of-way; and
WHEREAS, a petition for the vacation of all roads and alleys lying north of the centerline
of E Helena Street and east of the centerline of Missoula Street within the plat of Washington
Addition has been submitted to the City; and
WHEREAS, the street vacation process provided in PMC 12.40 requires a title report and
an appraisal of value and compensation unless waived by the City Council; and,
WHEREAS, the City Council may waive the requirement for a title report, an appraisal of
value, and compensation if the resulting benefit to the community from the project requiring the
vacation outweighs the appraised value of the right-of-way to be vacated; and,
WHEREAS, the applicant intends to develop the vacated right-of-way with a 28-lot low-
density residential subdivision including the dedication of new right-of-way to serve the
development; and
WHEREAS, it is expected that the benefits of the proposal will far outweigh the assessed
value of the right-of-way in question; and
WHEREAS, all steps and procedures required by law to vacate said easements have been
duly taken and performed.
Page 59 of 83
Ordinance – VAC2019-007 - 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That the roads and alleys, as depicted in Exhibit A be and the same are hereby
vacated.
i. THAT PORTION OF WASHINGTON ADDITION TO PASCO, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS, PAGE 54,
RECORDS OF FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
ALL ROADS AND ALLEYS LYING NORTH OF THE CENTERLINE OF
HELENA STREET AND EAST OF THE CENTERLINE OF MISSOULA
STREET.
Section 2. That a certified copy of this Ordinance be recorded by the City Clerk of the
City of Pasco in and with the office of the Auditor of Franklin County, Washington.
Section 3. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this 1st day of June, 2020.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk
Published: _____________________
Page 60 of 83
/
0 230 460115Feet
Street Vacation: Portions of Streets/Alleys in Washington Add.
Applicant: Empire Bros Construction, LLC
File #: VAC2019-007
Exhibit
A
Missoula StE Helena St Sprague StSpokane StPage 61 of 83
City of Pasco, IS Division
/
0 550 1,100275Feet
Street Vacation: Portions of Streets/Alleys in Washington Add.
Applicant: Empire Bros Construction, LLC
File #: VAC2019-007
Overview
Map
Anaconda AveE A Street
VACATION SITE
E Helena St
Manzanita LnHeritage BlvdPage 62 of 83
Community &Economic Development Department Fee:$300eCW”!
PO Box 293,525 N 3':Ave,Pasco,WA 99301
P:509.545.3441/F:509.545.3499
CITYOF PASCO
STREET]ALLEYVACATION PETITION
Master File#MAChAQ’OO’7 Date Submitted:lgll?ll?
We the undersigned,owners of two-thirds of the private|y—owned abutting property,hereby petition
the City Council of the City of Pasco to vacate the following described street/alley rights-of—way:
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Updated April 2019
Page 63 of 83
Owner 3
Name:
Address:
Phone:
Email:
Signature:
/ESurvey E Title Report
(if not waived)
?Fee of $300
Page 64 of 83
RIGHT OF WAY VACATION
THAT PORTION OF WASHINGTON ADDITIONTO PASCO,ACCORDINGTO THE PLAT THEREOFRECORDED
IN VOLUME E OF PLATS,PAGE 54,RECORDSOF FRANKLINCOUNTY,WASHINGTON,DESCRIBEDAS
FOLLOWS:
ALLROADS AND ALLEYSLYING NORTH OF THE CENTERLINEOF HELENASTREETAND EASTOF THE
CENTERLINEOF MISSOULASTREET‘
Page 65 of 83
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Page 66 of 83
MENDOZA INVESTMENT PROPERTIES LLC
EMPIRE ESTATES -PRELIMINARY PLAT
A PORTION OF THE SE 1/4 OF THE SE 1/4 OF SEC.23,TWN.9 N.,RGE.30 E.W.M.
CITY OF PASCO,FRANKLIN COUNTY,WASHINGTON.
PARCEL:
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NOT TO SCALE
UTILITIES OWNERIAPPLICANT
WATER:CITY OF PASCO EMPIRE BROS.CONSTRUCTION,LLC.
SEWER.CITY OE EASCO 204105 EAST SCHUSTER ROAD
IRRIGATION:CITY OF PASCO §EI\II,\IoI:E;V;IIe%K2’2V;I:I99337
POWER.EEUD CONTACT:HILARIOZARAGOZA
COMM:CHARTER
GAS:CNGC
ENGINEER
REFUSE:BASIN DISPOSAL '
LAND USE TABLE
SITE AREA:8.43 AC
TOTAL LOTS:28
MIN.LOTAREA:7,200 SF
MAX LOT AREA:8,439 SF
AVERAGE LOT AREA:7,635 SF
TOTAL ROW AREA:3.53 AC
ZONE:R-1
5804 ROAD 90,SUITE H
PASCO,WA 99301
PH:509.380.5883
CONTACT:KALEB MAPSTEAD,EIT
SU RVEYOR
AHBL INC.
5804 ROAD 90,SUITE H
PASCO,WA 99301
PH:509.380.5883
CONTACT:JOHN BECKER,PLS
SITE ADDRESS
UNDETERMINED
PASCO,WA 99301
PARCEL NO.
PARCEL:113-883-013,113-882-023,113-882-O14,113-881-015
BASIS OF BEARING
NAD 1983
WASHINGTON STATE PLANE SOUTH PROJECTION,BASED
ON GPS OBSERVATIONS USING WSRN AND GEOID 2012A.
UNITS OF MEASUREMENT ARE US SURVEY FEET.
VERTICAL DATUM
NAVD 1988 VERTICAL DATUM ON ORTHOMETRICALLY
CORRECTED GPS OBSERVATIONS USING WSRN AND
GEOID 2012A.
LEGAL DESCRIPTION
PER ASSESSORS RECORDS
LOTS 1-22 BLOCK 2,LOTS 3-22 BLOCK 3,AND LOTS 1-22
BLOCK 4,WASHINGTON ADDITION TO PASCO,
ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B OF PLATS,PAGE 54,RECORDS OF FRANKLIN
COUNTY,WASHINGTON.
THIS SURVEY WA PERFORMED WITHOUT THE BENEFIT OF
A TITLE REPORT AND DOES NOT PURPORT TO SHOW ANY
EASEMENTS OF RECORD.
2190079-SH-PRELIMINARY PLAT.DWG COVER
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5804 Road 90,Suite H Pasco,WA99301
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04.27.2020
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1 of 4 SheetsPage 67 of 83
AGENDA REPORT
FOR: City Council May 29, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
6/1/20
FROM: Dave Zabell, City Manager
Executive
SUBJECT: *Resolutions - Ratify Emergency Orders Related to COVID-19
I. REFERENCE(S):
1. Proposed Resolution for Emergency Order No. 2020-002.1 - Extending the
Temporary Moratorium on Utility Services Shut-Offs and Late Fees for City of
Pasco
2. Proposed Resolution for Emergency Order No. 2020-004.1 - Extending the
Expanded Administrative Authority of City Manager for the Purposes of Paid
Administrative Leave
3. Proposed Resolution for Emergency Order No. 2020-005.2 - Extending
Temporary Change in Leave Policies
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 3963, ratifying Emergency Order No.
2020-002.1, relating to extending temporary moratorium on utility services shut-offs
and late fees for City of Pasco customers.
MOTION: I move to approve Resolution No.3964, ratifying Emergency Order No.
2020-004.1, relating to extending temporary expansion of administrative paid leave for
City of Pasco staff.
MOTION: I move to approve Resolution No. 3965, ratifying Emergency Order No.
2020-005.2, relating to extending temporary change in leave policies.
III. FISCAL IMPACT:
Unknown at this time.
IV. HISTORY AND FACTS BRIEF:
On March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to the Pasco Municipal Code (PMC) Section 2.55.010 due to the
Page 68 of 83
COVID-19 emergency, which has caused a world-wide pandemic.
The purpose of emergency orders (EO) allows the City, including its businesses and
community members, to continue to conduct business, ensuring that the safety of
everyone is secured, while maintaining the needed services for all.
V. DISCUSSION:
The three EOs before Council were first ratified in March, at the beginning of the
COVID-19 emergency. In the ensuing weeks, several Orders and programs have been
enacted/established by federal, state, and local agencies. While much uncertainty still
surrounds the global pandemic, the extension of these EOs is necessary for compliance
with directives received from federal and state officials and to continue to protect the
health and safety of staff.
EOs require ratification of the City Council by resolution, below is a summary of each
EO:
• EO 2020-002.1 - Extends the temporary moratorium on utility services shut-
offs and late fees.
• EO 2020-004.1 - Extends the expanded administrative authority of the City
Manager for the purposes of paid administrative leave.
• EO 2020-005.2 - Extends a temporary leave policy which provides for an
employee lacking adequate sick and vacation leave banks to advance up to
eighty hours of time under conditions as outlined.
Staff recommends Council ratification through the approval of the three (3) subject
resolutions as presented.
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AGENDA REPORT
FOR: City Council May 22, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
6/1/20
FROM: Dave Zabell, City Manager
Executive
SUBJECT: *Confirmation of Civil Service Commission/Personnel Board Appointments
I. REFERENCE(S):
PMC 2.40
Application, Janis Hastings (Council only)
Application, Josee Saldua (Council only)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to confirm the City Manager's reappointment of Janis Hastings to
Position No. 1 (term to expire 2/17/26) and appoint Josee Saldua to Position No. 2
(term to expire 2/17/22) to the Civil Service Commission/Personnel Board.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
State Law (RCW 41.08 Civil Service for City Fire Fighters and 41.12 Civil Service for
City Police) requires the City to maintain a Civil Service Commission for its Police and
Fire Departments. PMC 2.40 establishes a Civil Service Commission for Fire and
Police employees, a Personnel Board for all employees of the City. Per statute, the
appointment of its members are to six-year terms.
The purpose of the Civil Service Commission/Personnel Board is to:
· ensure the provisions of the law are carried out;
· ensure the continuance of the civil service system;
· promote efficiency in the dispatch of public business;
· ensure that the selection and promotion of employees is based on merit; and
· ensure all employees in the classified civil service receive fair and impartial
treatment at all times.
Additionally, the Commission is tasked with certifying that no person in the classified
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civil service, or seeking admission thereto, shall be appointed, promoted, reduced, or
removed, or in any way favored or discriminated against in their employment or
opportunity for employment because of their race, color, age, religious or political
opinions or affiliations, union affiliation or national origin.
The Civil Service Commission is composed of three citizens to assure fairness and
impartiality in the hiring and promotion of uniformed police and fire employees. The
Commission also decides appeals of discipline administered to uniformed police and
fire employees, when such employees elect to use the Civil Service C ommission
hearing process (rare occasions) rather than the grievance arbitration process afforded
in their respective bargaining contracts. In addition, the City Council has previously
designated the Civil Service Commissioners to fill the role of the Personnel Board to
consider certain appeals of workplace issues relating to non-uniformed employees who
are not otherwise covered by a Collective Bargaining Agreement.
V. DISCUSSION:
The key attributes of a Commission member are attention to detail, an interest in the
civil service process and the ability to make fair and impartial decisions based on the
facts surrounding an issue.
Reappointment of Janis Hastings:
Commissioner Hastings has served with dedication, and has demonstrated her
commitment to maintaining the letter and intent of the requirements a Commissioner
must adhere to in ensuring the provisions of Civil Service Rules are followed in a fair
and equitable manner.
Appointment of Josee Saldua:
Professionally, Ms. Saldua has been awarded a degree and additional certifications
specific to the field of public safety, and possesses relevant work experience supporting
public safety first responders. The attention to detail required of her past and current
positions, relevant work experience(s), as well as her willingness to serve and stated
values; "I value and truly appreciate the hard work our law enforcement and fire
fighters put in." have prepared Ms. Saldua, for the rigors of service as a Civil Service
Commissioner.
Appointments to the Civil Service Commission are made by the City Manager with the
consent of the City Council, PMC 2.40. Accordingly, Ms. Hastings and Ms. Saldua are
presented for reappointed and appointment, respectively, for consent of the City
Council.
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AGENDA REPORT
FOR: City Council May 28, 2020
TO: Dave Zabell, City Manager Regular Meeting: 6/1/20
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: *Improvements to Fire Station Nos. 81 & 82 and Fire Training Rehab Bid
Award
I. REFERENCE(S):
Fire Station Nos. 81 & 82 and Fire Training Rehab - Bid Tabulation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:
I move to award the bid for Remodel of Fire Station No. 81 and Fire Station No. 82
and improvements to the Fire Training facility to Jackson Contractor Group, Inc. in the
amount of $857,397.00, including Washington State Sales Tax, and further authorize
the City Manager to execute the contract documents.
III. FISCAL IMPACT:
$857,397.00 funded through proceeds of 2019 LTGO Bond.
IV. HISTORY AND FACTS BRIEF:
Per direction of the City Council through the Fire Strategic Plan, 2020-2025 Capital
Improvement 2019adopted and Plan -the of design Budget, Biennial 2020
contemplated improvements to Fire Station No. 81 and 82 and the Fire Training Center
have been completed and bids were solicited for said improvements.
The work at Fire Station No. 81 entails opening up the living area and providing
additional space in the kitchen, expanding shower facilities, removal of worn carpeting
and to room storage a of addition floor, and concrete the rehabilitating the
accommodate Personal Protective Equipment.
Fire Station No. 82 to undergo similar floor treatment with removal of carpet and
rehabilitation of the concrete floor.
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Proposed improvements at the Fire Training Center include installation of a restroom,
and facilities to accommodate the shower trailer and a shaded seating area where staff
utilizing the training facility can recover out of the weather.
V. DISCUSSION:
As specified, bids for the project were received and opened on May 28, 2020. The City
received a total of two (2) bids. The lowest responsive bid was submitted by Jackson
Contractor Group, Inc. in the amount of $789,500.00. Washington State Sales tax will
add $67,897.00 to the bid for a total of $857,397.00. The Engineer's estimate was
$1,154,873.00 before sales tax. As provided for in the project budget, expenditures for
construction management services and additional architectural services during the build
are planned. As the aforementioned bid is responsive and within the appropriated
budget, staff recommends award of the Fire Station No. 81, Fire Station No. 82 and
Rehab Area bid to Jackson Contractor Group, Inc.
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Engineers
Estimate
Jackson Contractor
Group, Inc.
Qayaq Government
Solutions, LLC
Section Title Item Description UofM Quantity Unit Price Unit Price Unit Price
Fire Station 81/82/Fire Training
Center Rehab (#7012980)
1,154,873.00$ $789,500.00 $1,264,118.00
Base Bid Total:$1,154,873.00 $789,500.00 $1,264,118.00
Sales Tax - 8.6%$99,319.08 $67,897.00 $108,714.15
GRAND TOTAL $1,254,192.08 $857,397.00 $1,372,832.15
Fire Station 81/82/Fire Training Center Rehab (#7012980) Bid Tabulation
Owner: Pasco WA, City of
Solicitor: Pasco WA, City of
May 28, 2020 2:00 PM PDT
Fire Station 81/82/Fire Training
Center Rehab (#7012980) Bid LS 1
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