The URL can be used to link to this page

Home My WebLink About2020.06.22 Coucnil Remote Workshop PacketRemote Workshop Meeting AGENDA PASCO CITY COUNCIL 6:15 p.m. June 22, 2020 Page 1. REMOTE WORKSHOP INSTRUCTIONS: (a) The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Call-in information to GoToWebinar for "listen-only" mode is: (914) 614-3221 and use access code 359-341-791. 2. CALL TO ORDER: 3. ROLL CALL: (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS: 5. ITEMS FOR DISCUSSION: 3 - 167 (a) Community Policing, Accomplishments & Use of Force Liability, Law, Policy 168 - 180 (b) U.S. Bureau of Reclamation Quitclaim Deed - PWRF Property Purchase 181 - 204 (c) Professional Services Agreement with RH2 Engineering, Inc. for the West Pasco Water Treatment Plant (WPWTP) Improvements 205 - 215 (d) Amendment to BCES Interlocal Agreement 6. MISCELLANEOUS COUNCIL DISCUSSION: (a) Fourth of July Activities in Pasco (b) Follow up Council Discussion on Resolution No. 3968 Page 1 of 215 Remote Workshop Meeting June 22, 2020 7. EXECUTIVE SESSION: 8. ADJOURNMENT: (a) REMINDERS: • Thursday, June 25, 4:00 PM: TRIDEC Board Meeting – via Zoom (COUNCILMEMBER DAVID MILNE, Rep.; COUNCILMEMBER CRAIG MALONEY. Alt.) • Monday, June 29, 4:00 PM: Hanford Area Economic Investment Fund Advisory Committee Meeting – Ben Franklin Transit Main Conference Room (moved from 6/22/20) (COUNCILMEMBER PETE SERRANO, Rep.) 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 2 of 215 AGENDA REPORT FOR: City Council June 16, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 6/22/20 FROM: Ken Roske, Police Chief Police Department SUBJECT: Community Policing, Accomplishments & Use of Force Liability, Law, Policy I. REFERENCE(S): 1. Community Policing, Accomplishments & Use of Force Liability, Law, Policy 2. Use of Force Model 3. Use of Force Procedure Manual 4. Mission, Vision & Values 5. Pasco Police Department Recent Accomplishments II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The City of Pasco adopted a policing philosophy known as Community Policing in the late 1990's. The Police Department (PPD) has since embraced and expanded on this philosophy, the result being that Community Policing has become the culture of the PPD and an expectation of the community. The core concept of Community Policing is that the local police department and the people they serve, partner to solve problems, reduce crime and the replace the fear of crime with control. Modern, progressive, and professional police departments have adopted the Community Policing model and strive to advance their professionalism. The PPD policies and equally important, practices, accredited through the state and national accrediting agencies, one of only a handful of municipal law enforcement agencies to hold such a distinction. A large part of the PPD's commitment to professional policing is to ensure that its use of force policies and training are legally sound, centering on a Page 3 of 215 philosophy that the least amount of force, meaning only that necessary, is used to affect an arrest or address a particular situation. In 2017, the PPD underwent a use of force policy and procedure review that resulted in a complete revision of its procedure manual. This review process include d substantial involvement by the community, including the ACLU. Community members went to so far as to assist the department in final edits prior to adoption of the policy. Consistent with the department’s use of force policy, the PPD's training system focuses on deescalation with an emphasis on the sanctity of life. This presentation will provide the City Council and public with a high level of overview of the PPD's policing philosophy and use of force procedures. V. DISCUSSION: Page 4 of 215 Pasco City Council Meeting June 22, 2020 Page 5 of 215 Pasco Police Department Ken Roske Chief of PolicePage 6 of 215 Community Policing Community policing is a philosophy of policing that addresses the causes & the fear of crime and disorder. By using problem-solving strategies and establishing partnerships with the community we strengthen the trust of the police and ultimately make safer communities. Page 7 of 215 Page 8 of 215 Sir Robert Peel (1829) “The police are the public and the public are the police. The police being the only members of the public that are paid to give full-time attention to duties which are incumbent on every citizen, in the interests of community welfare and existence.”Page 9 of 215 Community Policing in Pasco •Formalized as a department-wide philosophy in the mid-1990’s •Assigned permanent patrol areas •Adopted Problem-Solving strategy •Created Area Resource Officers & Mini-Stations •Chief’s Citizen Advisory Committee •Community Policing centric deployment schedule Page 10 of 215 Community Programs Page 11 of 215 Key Accomplishments •Technical Assistance Project with DOJ-COPS Office –Implemented tenets of 21st Century Policy •ACLU now Recommends PPD as a model Police Department •Use of Force Policy and Training –Reality Based Training •Employee Conduct Tracking –Early Warning systemPage 12 of 215 Key Accomplishments •Body Worn Cameras •Critical Incident Transparent Videos •Embedded Mental Health Professional •Increased de-escalation training •Forward public-facing policies •Advanced critical care ~ AED ~ NARCAN Page 13 of 215 People in Crisis •Hot Spotters program •100% CIT Trained •Over 25% advanced CIT Trained •COPS Hiring Grant –Four “Homeless Liaison Officers” Page 14 of 215 Key Accomplishments •Candidate Focused Recruiting –Officers with an appreciation for policing a diverse community/Servants Heart •Robust Social Media platforms •CALEA & WA. State Accreditation “…when I think about how far the Pasco Police Department has come in just two years, and how dedicated they are to a model of policing that benefits the community and preserves life, then I know these [police] reforms are possible.” -Michelle Storms, ACLU of Washington, 2017 Page 15 of 215 Questions ? Page 16 of 215 Captain Bill Parramore •Commands the Field Operations Division and Training Division •Police Officer with Pasco for 15 years •Major Crimes Detective, Drug Task Force •Use of Force subject matter expert •Implementation team for Pasco PD’s Use of Force model policy and training •Governor’s Task Force on Active Shooter response Page 17 of 215 Use of Force Liability, Law, and Policy Page 18 of 215 Pasco Police Department Core Values Passion: We are passionate about policing Pasco with the highest of ethics and integrity while being transparent with our community. Pride: We take pride in our department and the professional service we provide that instills confidence from the community. Dedicated to Service: We serve our diverse community by treating everyone with dignity and respect while honoring our oath with humility and empathy. Page 19 of 215 Vicarious Liability “Something done on behalf of another” An agency can be liable for an officer ’s behavior if they trained a subject inappropriately or not within established standards.Page 20 of 215 Vicarious Liability •Pasco Police Officers are required to participate in mandatory annual defensive tactics training. •Every defensive tactics proficiency test must be passed.Page 21 of 215 Negligence Negligence = Civil Liability “Conduct that falls below the standards of behavior established by law for the protection of unreasonable loss or risk of harm”Page 22 of 215 Negligence An agency can be liable if it fails to train officers in a subject where there is an obvious need Examples: Defensive tactics, firearms training, emergency vehicle operation, patrol procedures, use of force, search and seizure, etc.Page 23 of 215 Force The effort required by police to compel compliance by an unwilling subject Page 24 of 215 Excessive Force The amount of force which is beyond the need of a particular event and is not justified in light of all circumstances confronting an officer –i.e. it’s “unreasonable”Page 25 of 215 Excessive Force Federal Statutes: •18 USC §242 •Deprivation of Rights Under Color of Law •42 USC §1983 •Civil Liability for Deprivation of Rights Page 26 of 215 Where Does Our Policy Come From •Binding Case Law •Non-Binding Case Law •Evaluating Best Practices Page 27 of 215 No policy can realistically predict every possible situation an officer might encounter in the field, therefore each officer must be entrusted with well- reasoned discretion in determining the appropriate use of force in each incident.Page 28 of 215 Reasonable ForceProtect Themselves Affect a Lawful Detention Conduct a Lawful Search Affect a Lawful Arrest Protect Others Use of Force to Affect a Detention, an Arrest, or to Conduct a Search Page 29 of 215 Let your Intent be Known Officers should, if reasonable, make clear their intent to detain, arrest or search the subject. When Practical, officers will identify themselves as a peace officer before using force.Page 30 of 215 Page 31 of 215 Graham v Connor The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene without the benefit of 20/20 hindsight.Page 32 of 215 Reasonable Officer Perspective Reasonableness must account for the fact that officers are often forced to make split-second judgments under circumstances that are tense, uncertain, and rapidly evolving. Page 33 of 215 Reasonable Officer Perspective A “reasonable officer” knows: 1.There are inherent dangers to the profession of law enforcement. 2.There are inherent limitations to an officer’s ability to assess and respond to perceived threats: •Limited time•Abilities•Means•ControlPage 34 of 215 Objectively Reasonable 3-Prong Test 1.The severity of crime(s) at issue. 2.Whether the suspect poses an immediate threat to the safety of the officer(s) or others. 3.Whether the suspect is actively resisting arrest or attempting to evade arrest by flight. Page 35 of 215 1. The severity of the crime(s) at issue A Measure of Governmental (or Public) interest vs. Individual Privacy. The ‘more serious’ the crime, the higher the public interest is to arrest. Some circumstances to consider for severity: 1.Is the crime against a person, property, or is it a “victimless crime”? 2.How much harm does the crime place the victim in? 3.What degree of violence does the crime entail? 4.Are there weapons or other exceptional factors?Page 36 of 215 OFFICERS CANNOT ASSUME A GREATER THREAT/SEVERITY WHEN THERE IS A LACK OF SUPPORTIVE INFORMATION. WHILE IMPORTANT TO CONSIDER, SEVERITY OF THE CRIME IS THE FACTOR LEAST WEIGHTED WHEN REVIEWED BY THE COURTS. Page 37 of 215 A measure of the perceived threat and the time available to react or utilize additional resources to stop the threat. Remember, police officers are often forced to make split-second judgements in tense, uncertain, and rapidly evolving situations. The immediacy of the threat and minimal amount of police reaction time to the suspects actions can significantly limit the force options available.Page 38 of 215 Whether or not the suspect poses an immediate threat to the safety of officers or others is the most weighted factor when force is reviewed by the courts.Page 39 of 215 3. Whether or not the suspect is actively resisting arrest, or is attempting to evade by flight. This is a measure of the suspect’s intent. In this factor there are actually two different measures. •Actively resisting arrest –greater threat to officer(s) and/or others -OR is - •Attempting to evade by flight –less threat to officer, must evaluate the threat to the public Page 40 of 215 The Pasco Police Department has identified 5 additional factors that officers will consider when determining objectively reasonable force.Page 41 of 215 Reasonable Force: Beyond Graham v Connor •The influence of drugs and/or alcohol, or the mental capacity of the subject. •The time available for an officer to make a decision. •The availability of other officers and/or other resources to de- escalate the situation. •The subject’s proximity or access to weapons. •Environmental factors or any other exigent factors.Page 42 of 215 The influence of drugs and/or alcohol, or the mental capacity of the subject. Drugs and alcohol can affect many aspects of a subject’s resistance and response to police control, such as: •Higher threshold to pain •Inability to comprehend commands •Aggression and Volatility •Physical capacity –both enhanced and diminished •Psychological alteration •Irrational reasoning or perception Page 43 of 215 The influence of drugs and/or alcohol, or the mental capacity of the subject. Mental capacity of the subject includes both diminished intelligence or mental comprehension as well as psychological disorders. The affects include: •Inability to comprehend commands •Aggression and volatility •Abnormal psychology and/or behavior •Irrational reasoning or perception Page 44 of 215 The Time available for an Officer to Make a Decision •Officers are always encouraged to use time to their advantage in an attempt to, “Slow the action”. •In doing so, a wider range of force options and resources can be deployed. •However, there are many instances where officers are forced to make split-second judgements in circumstances that are tense, uncertain, and rapidly evolving and have very little time to react.Page 45 of 215 The amount of time the officer had to make a decision or react to a threat weighs heavily on whether or not a selected force response was reasonable.Page 46 of 215 The Availability of Additional Officers and/or Other Resources Available to help De-escalate the Situation Pasco Police Resources •Additional Patrol Officers •CIT •MHP •K9 •Detectives •Crisis Negotiator •SWAT •Police Records/Dispatch Other Available Resources •Pasco Fire Department •Utility Services •Other local, state, and federal agencies •Mental Health Services •Pasco School District •Public Transportation •Private Business and IndustryPage 47 of 215 Proximity or Access to Weapons by the Subject •Weapons can be a significant force multiplier when considering the threat to officers and/or others. •A subject who has ready access to weapons, or is presently armed may change what force response officers can reasonably use to bring the situation under control. •This is also a consideration for officers as to their general response if a subject is known to be armed or has ready access to weapons prior to police contact. •Officers should deploy available resources as is reasonable and appropriate to aid in de-escalation and increase both officer an public safety.Page 48 of 215 Environmental Factors or Other Exigent Circumstances Environmental factors can greatly influence what level of force or what force options an officer can reasonably use. Some environmental factors include: •Weather (Example: Proning a subject on hot pavement may be unreasonable •Confinement (Example: Small room, narrow hallway, etc.) •Elevation/Height •Population/Traffic Density •Hazards (Example: Fumes, Gases, Electricity, etc.)Page 49 of 215 “Other Exigent Circumstances” is any other situation which an officer may confront that requires immediate action and thus influences a force option.Page 50 of 215 Duty to Intervene An officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, safely intercede to prevent the use of such excessive force. Officers shall promptly report these observations to a supervisor.Page 51 of 215 Application of Force Page 52 of 215 LEVELS OF RESISTANCE LEVELS OF CONTROL USE OF FORCE MODEL Page 53 of 215 Page 54 of 215 Page 55 of 215 Page 56 of 215 Compliant A person contacted by an officer who acknowledges direction or lawful orders given and offers no passive, active aggressive, or aggravated resistance.Page 57 of 215 Passive Resistance The subject is not complying with an officer’s commands and being uncooperative, but is taking only minimal physical action to prevent and officer from placing the subject in custody and taking control. •Standing Stationary Not Moving •Holds onto a Fixed Object •Falls Limp and Refuses to MovePage 58 of 215 Active Resistance The subject verbal or physical actions are intended to prevent an officer from placing the subject in custody and taking control, but are not directed at harming the officer or another. •Walking or running away •Breaks officer’s gripPage 59 of 215 Page 60 of 215 Imminent Threat: Refers to an impending violent act or (violent) resistance which an officer reasonably believes will occur, based on the totality of the circumstances. Page 61 of 215 Aggressive Resistance The subject displays the intent to harm the officer, or another person, and prevents an officer from placing the subject in custody and taking control. The subjects actions present an imminent threat of harm to the officer or others. •Subject taking a fighting stance •Aggressive Physical restraint •Resistance with weapons •Punching, Kicking or other striking •Attacks with non-deadly weapons •Other actions presenting an imminent threat Page 62 of 215 Aggravated Aggressive Resistance The subject’s actions are likely to result in death or serious bodily harm to the officer or another. •Attacks with deadly weapons (Example: blunt or bladed weapons) •Resistance with or attacks with a firearm •Extreme physical force Page 63 of 215 Levels of Control Levels of control are broad categories of influence and/or force in identifiable, escalating stages of intensity (i.e. in response to the Level of Resistance).Page 64 of 215 Page 65 of 215 Page 66 of 215 Page 67 of 215 Page 68 of 215 Low Level Force The level of force or control which is neither likely nor intended to cause injury Page 69 of 215 Low Level Force Low-Level Force Officer Presence Verbal Communications Touching/ Escorts Handcuffs/Other Restraint Devices Out Muscling Officer Presence Verbal Communication Touching/ Escorts Handcuffs/Other Restraint Devices LVNR (Level 1) P.I.T. K9 Control Tactics (Escort, Takedowns, Counter Joint, Pressure point Baton (Non-Impact) Officer Presence Verbal Communications Handcuffs/Other Restraint Devices Handcuffs/Other restraint Devices Out Muscling Compliant Passive Active Page 70 of 215 Page 71 of 215 Page 72 of 215 Page 73 of 215 Intermediate Force A level of force greater than low-level which has potential to cause reasonable injury or substantial pain, but is neither intended nor likely to cause substantial bodily harm or death.Page 74 of 215 Intermediate Force Justification Aggressive Resistance = Imminent Threat Intermediate force options require an intent to do harm by the suspect which presents an imminent threat to the officer or another as a justification (i.e. aggressive resistance). A mere resistance to police control is not sufficient.Page 75 of 215 Intermediate Force Intermediate Force Aggressive Page 76 of 215 Deadly Force •Deadly force is that degree of force, which is likely to produce death or serious bodily injury. •Deadly force is NOT limited to the use of firearms. •Deadly force can also result from a force option being improperly applied. Page 77 of 215 Sanctity of Human Life The department respects the value of every human life and the application of deadly force is a measure to be employed in the most extreme circumstances.Page 78 of 215 Deadly Force Deadly Force Aggravated Aggressive Page 79 of 215 Compliant Passive Active Aggressive Aggravated Aggressive Low-Level Force Officer Presence Verbal Communications Touching/ Escorts Handcuffs/Other Restraint Devices Out Muscling Officer Presence Verbal Communication Touching/ Escorts Handcuffs/Other Restraint Devices LVNR (Level 1) P.I.T. K9 Control Tactics (Escort, Takedowns, Counter Joint, Pressure point Baton (Non-Impact) Officer Presence Verbal Communications Handcuffs/Other Restraint Devices Handcuffs/Other restraint Devices Out Muscling Intermediate Force Deadly Force Impact Tactics (Strikes, Kicks) OC Spray CEW LVNR (Level 2 and 3) Baton/Impact Weapons (Jabs, Strikes)Impact Munitions K9 Pepper ball •Officer Presence •Verbal Communications •Control Tactics (Escort, Takedowns, Counter Joint, Pressure Point) •Handcuffs/Other Restraint Devices •Baton (Baton, Non-Impact) •LVNR (Level 1) •P.I.T. Firearms UseImpact Munitions (Less than 5 Yards)Baton (Deadly Force Areas)Ramming Officer Presence Verbal Communications Control Tactics (Escort, Takedowns, Counter Joint, Pressure Point) Handcuffs/Other Restraint Devices Baton/ Impact Weapons (Non-Impact, Jabs, and Strikes) K9 P.I.T. OC Spray/ Pepper Ball Impact Tactics (Strikes, Kicks) CEW LVNR (Level 1, 2 and 3) P.I.T. Impact Munitions Page 80 of 215 Use of Force Model Page 81 of 215 Deadly Force: Justification Deadly force is the last resort, and is only justified when a subject is: Displaying Aggravated Aggressive behavior AND All 4 Elements of Deadly Force exist Page 82 of 215 Deadly Force The 4 elements of Deadly Force are: 1.Ability 2.Opportunity 3.Imminent Jeopardy 4.Preclusion Page 83 of 215 Ability exist when a person has the means or capability to cause grave injury, serious bodily harm or death to an officer or another. This may include, but is not limited to the following: 1.The suspect’s physical capabilities/ability 2.Size 3.Apparent strength 4.Combative skill 5.Level of aggression 6.Any weapons in their immediate controlPage 84 of 215 Ability explained: What gives the suspect, in a literal physical sense, the capability to cause substantial bodily harm or death? If the ability is in the form of a weapon, how did you reason that the person possessed the physical capacity to use it in a deadly manner?Page 85 of 215 Opportunity exist when a person is in a position to effectively resist an officer’s control or to use force or violence upon the officer or another 1.Relative distance to the officers or others 2.Physical barriers between the subject and officer Page 86 of 215 Opportunityexplained: How is the suspect in a position (literally in three dimensional space) relative to victim, where they can effectively use their intended weapon (to include extremely violent empty hand tactics) without an officer being able to react reasonably in time with a lesser option?Page 87 of 215 Opportunity Maintaining distance or creating distance (tactical withdrawal) when feasible and /or taking a position behind cover sufficient to mitigate the effects of the suspect’s weapon are often very effective ways of removing the element of opportunity.Page 88 of 215 Imminent Jeopardy Based upon all the facts and circumstances confronting the officer, the officer reasonably believes the subject poses an imminent threat to the life of the officer(s) or other third parties and the officer must act immediately to prevent death or serious bodily injury.Page 89 of 215 Imminent JeopardyExplained: What was the suspect’s act or action that forced the officer at that moment to apply deadly force, or else death or serious bodily injury was going to be immediately inflicted by the suspect? A suspect cannot imminently jeopardize themselves – i.e. police cannot use deadly force to prevent a suspect from using aggravated aggressive action only on themselves and when no one else is in imminent jeopardy.Page 90 of 215 Preclusion All other lesser alternatives have been reasonably considered or exhausted prior to the use of deadly force, to include disengagement.Page 91 of 215 PreclusionExplained: Up to the moment of deadly force, what other options were reasonably exhausted? What was the effect? At the moment the deadly force was applied, was there any other reasonable alternatives to deadly force?Page 92 of 215 Page 93 of 215 Page 94 of 215 Page 95 of 215 Page 96 of 215 Page 97 of 215 Page 98 of 215 Page 99 of 215 Page 100 of 215 De-escalation Not every violent confrontation can be de- escalated, but officers have the ability to impact the direction and outcome of many situations they handle.Page 101 of 215 De-escalation Officers should gather information about potentially violent incidents, assess the risks, assemble resources, attempt to slow momentum, and coordinate a response. Page 102 of 215 De-escalation De-escalation occurs when officers use advisements, warnings, verbal persuasion, and lower force options or tactics as alternatives to higher levels of force. Page 103 of 215 De-escalation Officers should recognize that they may withdraw to a position that is tactically more secure, or allows them more distance to deploy a greater variety of levels of control (force options).Page 104 of 215 De-escalation The ability for officers to de-escalate is greatly influenced by the IMMEDIACY OF THE THREAT: How sudden is the threat occurring?Page 105 of 215 De-escalation Suspects may create an immediacy of threat regardless of officers attempts to de-escalate which requires officers to act at once.Page 106 of 215 De-escalation Officers should not, however, rush in their actions and unnecessarily create an immediate threat when the situation reasonably allows for the officers to influence the dynamics of the incident.Page 107 of 215 De-escalation When officers can influence the dynamics of potentially violent incidents, they should attempt to slow the action , assemble resources, and use de- escalation tactics. Page 108 of 215 De-escalation Officers can then make a planned decision based on the assessed risk and information gained when the appropriate moment is to take action (i.e. creating the immediacy), then employ sound tactics by coordinating a response by utilizing available resources. Page 109 of 215 Officer Presence and Control Tactics Officers will, when and to the extent reasonably possible, attempt to use verbal communication skills to control subjects before resorting to physical control methods. Page 110 of 215 Authorized Force Tools, Techniques and Equipment •Uniformed Officers will carry all tools and equipment required by the policies of this agency. •Non-Uniform commissioned personnel below the rank of Captain are required to carry at least one intermediate force option –baton, OC spray, or CEW on their person when on- duty, unless the requirement is waived. •All Commission police personnel, Sergeant and below must carry two intermediate force options with the CEW being mandatory. If the officer is trained in VNR that is considered one option. Page 111 of 215 Intermediate Weapons •Oleoresin Capsicum (O.C., Pepper Spray) •Conductive Electrical Weapon (CEW, TASER, X26, X26P) •Baton (Straight Stick, Expandable Baton, Asp) •Vascular Neck Restraint (VNR, LVNR, XVNR) •37mm Less Lethal Projectile Launcher Page 112 of 215 Vascular Neck Restraint (VNR) Vascular Neck Restraints (VNR) are techniques designed to protect the throat of the offender, such as the Trachea (windpipe) and Larynx (voice box), while applying pressure to the lateral vascular system. This restricts the flow of blood to and from the brain, thus temporarily rendering the offender unconscious. In doing so, it minimizes injuries to offenders and officers while also helping minimize the risk of excited delirium syndrome. VNR is not a choke hold. Chokeholds restrict the airway by applying direct pressure to the front of the throat, Trachea and Larynx, thus stopping the flow of oxygen. Page 113 of 215 Vascular Neck Restraint (VNR) Level 1 VNR is a control technique and a takedown (if subject is standing). There is no compression to the side of the neck and is not used to purposely render a subject unconscious. 1. Preparatory Phase: Talk to the individual and give them commands of what you want them to do (i.e., sit down on the ground, put hand behind your back, stop fighting). 2. Application Phase: 3. Completion Phase: Follow up (i.e., handcuff or hold suspect in place until backup arrives). Page 114 of 215 Vascular Neck Restraint (VNR) •Level 2 VNR is a control technique with slight pressure to the side of the neck, used after Level 1 VNR has failed to gain compliance from offender. The pressure is slight and when feasible, is used in conjunction with a verbal warning telling the offender that if they do not stop fighting, they will be rendered unconscious. The warning is used as a de-escalation technique used to gain compliance by using the fear of the unknown (being rendered unconscious) to gain compliance. •In recent studies approximately 90% of offenders gave up during Level 2 VNR application because the offenders did not want to be rendered unconscious. •Technique is same as Level 1 VNR application just add slight compression to side of neck. Page 115 of 215 Vascular Neck Restraint (VNR) •Level 3 VNR is used after level 2 has failed to gain compliance from offender and offender has continued to fight. As per our policy, Level 3 VNR is considered an intermediate tool on the use of force scale. It is used to render the offender unconscious by applying full compression to the side of the offender’s neck, temporarily limiting the blood flow to the brain. As soon as the offender goes unconscious, release compression to the side of the neck, but do not release VNR control (Level 1 VNR) until ready to apply handcuffs on offender. •After Level 3 VNR application, transport offender to the hospital to have them medically cleared. Also inform the jail staff that VNR was applied on offender, when booking them into the jail. •Technique is same as Level 1 VNR application; just add full compression to side of neck until offender is rendered unconscious or complies with commands. Remember to release compression but not Level 1 VNR control hold, after suspect has been rendered unconscious or complies with commands, until you are ready to apply handcuffs or transition to another control technique such as the prone cuffing technique. Page 116 of 215 Vascular Neck Restraint (VNR) •After the suspect has been rendered unconscious or has complied with commands it is important to maintain Level 1 VNR control until ready to transition to handcuffing or other prone control technique. •If suspect has been rendered unconscious, and after handcuffs have been applied, roll suspect to their side or sit them up. Then slightly pat them on their back with an open palm in order to assist them in waking up. Page 117 of 215 Conducted Energy Weapons “CEW” •TASER Conducted Energy Weapons (CEWs) are used to subdue suspects in effecting an arrest. A CEW is used to temporarily impair and incapacitate most subjects or as a pain compliance tool when used in the drive stun mode. When used with probe deployment the Taser causes Neuro-Muscular Incapacitation (NMI) on most subjects. •NMI causes uncontrollable muscle contractions and reduced ability to perform voluntary movements. It’s accomplished by delivering electrical pulses across two electrodes to overstimulate the motor nerves. Page 118 of 215 Conducted Energy Weapons “CEW” Safety Guidelines 1. Avoid Dangerous Falls Do not use CEW on persons that are on stairs,concrete floors or around items that mightcauseseriousinjuryifthepersonisunderNMIandisunabletocatchthemselves,unlessthereisnoalternativeinordertopreventharmtoothersorself. 2. Avoid Flammables & Explosives Do not use CEW in areas where there areexposedflammablesorexplosives. 3. Use Preferred Target Zones as primary targets Below the chest on the front of the body and below the neck on the back of the body. 4. Restrain Fast –Avoid Prolonged Exposures Apply restraints under power when feasible. 5. Use Caution with Sensitive/ Higher Risk Populations Sensitive population include;pregnantwomen,small children,elderly and sickly/lowbodymass(abnormally thin).Page 119 of 215 Conducted Energy Weapons “CEW” Preferred Target Zones Below neck (green zone) Avoid head and neck Lower torso (green zone below chest) Page 120 of 215 Conducted Energy Weapons “CEW” The back is the preferred target area when reasonably practicable because it contains larger muscle groups and reduces risk of hitting sensitive body areas.Page 121 of 215 Conducted Energy Weapons “CEW” There have been some ineffective hits to the front of the body, particularly with hits to the upper torso with narrow probe spreads. By lowering the point of aim to the lower torso on the front of the body by about four inches, the potential for Neuro Muscular Incapacitation of the core muscles is often increased by splitting the beltline of the body and targeting larger muscle groups. Aiming for the lower torso also reduces the risk of hitting some sensitive body areas. Non-preferred target zones are NOT prohibited; rather they should be avoided when practicable. Do not intentionally target head, eyes, throat, or genitals unless at a lethal level of force. Page 122 of 215 Apply and Assess Officers will assess the force situation after each application of force. Assess: •The effectiveness of the chosen force option •The level of resistance by the subject increasing, decreasing or remaining static •If another force application is necessary and is objectively reasonable •If a force transition is required •If compliance is achieved or the resistance is overcome.Page 123 of 215 If compliance is achieved (or resistance is overcome) the application of force must be de-escalated to match Situational and threat assessment remains continuous Page 124 of 215 Reportable Force Incidents Any force used or attempted which is greater that Low Level Force (i.e. any Intermediate or Deadly Force) and ANY application or attempt at VNR Any force used, regardless of level, which results in injury, complaint of injury, continued pain, or death.Page 125 of 215 Questions?Page 126 of 215 Pasco City Council Meeting June 22, 2020 Page 127 of 215 SUBJECT’ S INTENT TO DO HARM EACH BOLD FORCE OPTION WITHIN THE LEVELS OF CONTROL REPRESENTS THE HIGHEST LEVEL OF FORCE OPTION AVAILABLE; HOWEVER, OTHER FORCE OPTIONS SHOULD BE CONSIDERED TO HELP DE-ESCALATE THE SITUATION DE-ESCALATION ESCALATION OFFICER’S RESPONSE (FORCE TRANSITION) LEVEL OF CONTROL AGGRESSIVE AGGRAVATED AGGRESSIVE ▪ Officer Presence ▪ Verbal Communications ▪ Touching/ Escorts ▪ Handcuffs/Other Restraint Devices ▪ Out Muscling • Officer Presence • Verbal Communication • Touching/ Escorts • Handcuffs/Other Restraint Devices ▪ VNR (Level 1) ▪ P.I.T. ▪ K9 ▪ Control Tactics (Escort, Takedowns, Counter Joint, Pressure point ▪ Baton (Non-Impact) • Officer Presence • Verbal Communications • Handcuffs/Other Restraint Devices • Handcuffs/Other restraint Devices • Out Muscling ▪ Impact Tactics (Strikes, Kicks) ▪ OC Spray ▪ CEW ▪ VNR (Level 2 and 3) ▪ Baton/Impact Weapons (Jabs, Strikes) ▪ Impact Munitions ▪ K9 ▪ Pepper ball • Officer Presence • Verbal Communications • Control Tactics (Escort, Takedowns, Counter Joint, Pressure Point) • Handcuffs/Other Restraint Devices • Baton (Baton, Non-Impact) • VNR (Level 1) • P.I.T. ▪ Firearms Use ▪ Impact Munitions (Less than 5 Yards) ▪ Baton (Deadly Force Areas) ▪ Ramming • Officer Presence • Verbal Communications • Control Tactics (Escort, Takedowns, Counter Joint, Pressure Point) • Handcuffs/Other Restraint Devices • Baton/ Impact Weapons (Non-Impact, Jabs, and Strikes) • K9 • P.I.T. • OC Spray/ Pepper Ball • Impact Tactics (Strikes, Kicks) • CEW • VNR (Level 1, 2 and 3) • P.I.T. • Impact Munitions Low Level (Has a low probability of causing injury) Pasco Police Department Use of Force Model COMPLIANT PASSIVE ACTIVE INTERMEDIATE (Potential to cause injury or substantial pain) DEADLY FORCE (Likely To produce death or serious bodily injury) 5/23/2017 Page 128 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 1 of 35 Use of Force Policy A. Policy B. Definitions C. Determining Objectively Reasonable Force D. Medical attention E. Use of Force Model Use of Force Procedure A. Use of Force to affect a detention, an arrest or to conduct a search B. Duty to intervene C. Levels of resistance (see Use of Force Model) D. Levels of control (see Use of Force Model) E. De-Escalation Authorized Force Tools, Description, Requirements, Uses and Considerations A. Presence and verbal communication B. Empty hand tactics C. Handcuffs, flexible handcuffs, or other restraint devices D. Baton/impact weapons E. Oleoresin Capsicum Spray F. Vascular Neck Restraint G. Electronic Control Device H. Use of canine I. Use of Force with a vehicle a. Pursuit Intervention Technique: i. Blocking/Blockades ii. Intentional Striking J. Use of Force with a firearm a. Deployment of rifles Reportable Use of Force A. Reportable force incidents B. Investigations and Reporting Use of Force Policy A. Policy Use of Force Number Volume 2 Chapter 7 Effective Date: 07/27/2017 Revision Date: 03/09/2020 Distribution: All Personnel Reference CALEA Chapter 4 Page 129 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 2 of 35 B. Definitions C. Determining objectively reasonable force D. Use of Force Model A. Policy The Pasco Police Department is committed to protecting people, their property, and rights while providing the best in public safety and service. It is the policy of this department that officers hold the highest regard for the dignity and liberty of all persons, and place minimal reliance upon the use of force. The department respects the value of every human life and requires its officers to use deadly force only in the most extreme circumstances. The proper use of force is essential for policing. There are circumstances where individuals will not comply with the law unless compelled or controlled by the use of force. Officers must also remain mindful that they derive their authority from the community and that unreasonable force degrades the legitimacy of that authority. In a Use of Force Incident, the governmental interest must match the level of force and intrusion upon an individual’s constitutional rights. The decision to use force requires careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officer or others, and whether he is actively resisting arrest or attempting to evade arrest by flight. This policy and the following procedures are in no way intended to create any legal duties or obligations for officers or the department or to create any standards of care for civil or criminal liability. The Department reserves the right to hold its officers to standards that exceed what is legally required. B. Definitions 1. Approved Weapons – Approved weapons are those weapons meeting department specifications for which officers receive proficiency and safety training. 2. Cuffing Under Power - Cuffing under Power is a tactic where a secondary officer handcuffs a subject while the CEW (being deployed by the primary officer) is cycling, and the subject is in Neuro-Muscular Incapacitation (NMI). 3. Special Investigative Unit (SIU) - A team put in place to investigate officer-involved incidents that occur within Benton, Franklin and Walla Walla Counties, which involve great bodily harm or death. The SIU will conduct a criminal investigation to develop relevant information to allow a determination of the presence or absence of criminal liability on the part of those involved in the incident. 4. Deadly Force – the intentional application of force through the use of firearms or any other means reasonably likely to cause death or serious physical injury (RCW 9A.16.010.2). 5. Conducted Electrical Weapons (CEW) - The CEW is a Neuro-Muscular Incapacitation (NMI) device that stimulates the motor neurons to contract to disrupt communication from the brain to the muscles thereby causing temporary motor skill Page 130 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 3 of 35 dysfunction. 1. Spark Display – A non-contact demonstration of the CEW’s ability to discharge electricity. 2. Drive Stun - A secondary function of the CEW intended to administer Pain to a subject by making direct contact with the body after the air cartridge has been expended or removed. 3. Probe Mode - The primary function of the CEW where the CEW cartridge is deployed firing probes at the subject. The intent is that the subject be temporarily immobilized for the period of time the CEW is cycled. 6. Force Transitions - The movement, escalation/de-escalation, from the application of one force type to another in conjunction with the “objectively reasonable” standard from Graham v. Connor, 490 U.S. 386 (1989). The officer must consider all the factors before using force and choose a reasonable option based on the “totality of the circumstances” present. 7. Imminent Threat - “Imminent threat” refers to an impending violent act or resistance that an officer reasonably believes will occur, based on the totality of the circumstances. 8. Intermediate Force - A level of force that has the potential to cause injury or substantial pain, and is greater than Low-Level Force. 9. Involved Officer – A commissioned officer or supervisor, who participated in, directed or influenced the application of the use of force. 10. Vascular Neck Restraint (VNR) - VNR is a specific method of applying pressure to the side of a subject’s neck to overcome resistance and allow safe control. This technique is used only in accordance with official departmental training and policy. 11. Levels of Control - Levels of Control are broad categories of influence and/or force in identifiable, escalating stages of intensity. They are identified as low-level force, intermediate force, and deadly force. 12. Low-Level Force - Low-level force is a level of force or control that is neither likely nor intended to cause injury. 13. Necessary – No reasonable effective alternative to the use of force appeared to exist, and that the amount of force used was reasonable to effect the lawful purpose intended (RCW 9A. 16. 010.1). 14. Non-Deadly Force - Non-deadly force is the level of force required to compel compliance, which is not intended to and is not known to create a substantial risk of causing death or serious bodily harm. 15. Officer-Involved Shooting - An officer-involved shooting is an officer’s discharge of a firearm at a person, with or without physical injury or the death of the person. 16. Officer Witness Monitor - An Officer Witness Monitor is a designated officer who is Page 131 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 4 of 35 not involved in the use of deadly force. The responsibilities of the Officer Witness Monitor are to observe and prevent discussions regarding the incident among involved officer(s) and witness(s). 17. Other Firearm Discharge - An “other firearm discharge” is an unintentional discharge of a firearm that does not cause injury or death to a person or the intentional shooting at, injuring, or killing animals. 18. Pursuit Intervention Technique (PIT) - The PIT is a specific manner of intentional contact using a police vehicle against a fleeing vehicle to cause the fleeing vehicle to come to a stop; this technique is used only in accordance with official department training and policy. 19. Public Safety Statement (PSS) - The PSS is a series of questions to obtain information to determine if there is an immediate threat to public safety and must be taken in a timely manner. (An example would be shots fired by an officer or a subject in the direction where the public may be in immediate danger.) The supervisor must take appropriate action to ensure public safety, based on the information received from the PSS. 20. Ramming - The use of a vehicle to intentionally hit another vehicle, outside the approved PIT, blocking and stationary vehicle immobilization policies. Ramming is prohibited unless it is a deadly force situation which can be clearly articulated. 21. Reasonable Force - Reasonable force is an objective standard of force viewed from the perspective of a reasonable officer, without the benefit of 20/20 hindsight, and based on the totality of the circumstances presented at the moment the force is used. See section IV. “Determining Objectively Reasonable Force.” 22. Reportable Force - Reportable force is any use of force which is required to overcome subject resistance to gain compliance that results in injury or complaint of injury, complaint of continuing pain, or any use of force greater than low-level force (see Levels of Control). 23. Great Bodily Harm – A bodily injury which creates a probability of death, or which causes significant serious permanent disfigurement, or which causes a significant permanent loss or impairment of the function of any bodily part or organ (RCW 9A.04.110.4.c). 24. Substantial Bodily Harm – A bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part (RCW 9.A.04.110.4.b). 25. Significant Force - Any force which results in treatment at a medical facility due to injuries or alleged injuries caused by any officer. Examples include, but are not limited to: skeletal fractures; serious bodily injury or complaint of injury to a person’s head or sternum area. All Significant Force is Reportable Force. Page 132 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 5 of 35 26. Use of Force Model – A visual guide describing the appropriate levels of force authorized to be used by an officer in response to the level of resistance being displayed by a subject 27. Witness Officer – A commissioned officer or supervisor who did not participate in or directly influence the application of the use of force. C. Determining Objectively Reasonable Force The United States Supreme Court decisions and interpretations of the Fourth Amendment to the United States Constitution direct that a police officer may only use such force as is objectively reasonable under all of the circumstances. The standard that courts will use to examine whether a use of force is constitutional was first outlined in Graham v. Connor, 490 U.S. 386 (1989) and expanded by subsequent court cases. The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with 20/20 vision of hindsight. The reasonableness must account for the fact that officers are often forced to make split- second judgments - in circumstances that are tense, uncertain, and rapidly evolve. The reasonableness inquiry for reviewing use of force is an objective one: The reasonableness of a particular use of force is based on the totality of circumstances known by the officer at the time of the use of force and must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. These factors may include but are not limited to: 1. The severity of the crime(s) at issue; 2. Whether the subject poses an immediate threat to the safety of the officer(s) or others; 3. Whether the subject is actively resisting arrest or attempting to evade arrest by flight; 4. The influence of drugs/alcohol or the mental capacity of the subject; 5. The time available to an officer to make a decision; 6. The availability of officers/resources to de-escalate the situation; 7. The proximity or access to weapons to the subject; 8. The environmental factors and/or other exigent circumstances. The officer will use a level of force that is necessary and within the range of “objectively reasonable” options. When the use of force is needed, officers will assess each incident to determine, based on policy, training, and experience, which use of force option will de- escalate the situation and bring it under control in a safe and prudent manner. Reasonable and sound judgment will dictate the force option to be employed. Therefore, the department examines all uses of force from an objective standard rather than a subjective standard. D. Medical Attention Whenever an officer applies a Use of Force option upon a subject that results in a visible injury or complaint of injury, an officer will monitor the subject and summon aid or transport Page 133 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 6 of 35 for medical attention. Once the scene is safe, officers will render first aid to subjects who have been seriously injured as a result of police actions. Note: In some instances, the best course of action may be to transport the subject to the nearest medical facility. In these instances, the nature of the injury, response time of medical personnel and proximity of the medical facility should be considered. Medical attention will be summoned for the following Use of Force applications regardless of visible injury or complaint of injury, and render first aid/or life saving measures when safe to do so. All potential injuries will be photographed and noted in the officer’s report: 1. Baton/Impact Weapons-Any strikes to the head, neck or groin area. 2. OC Spray- Direct exposure to the facial area. 3. VNR-When applied (Level 2 & 3) 4. CEW -Probe strikes to the head, neck, groin area or pregnant women (if the officer is aware of her pregnancy). 5. Use of Canine- All bites 6. Use of Force with a vehicle: a. Ramming-All. 7. Use of Force with a Firearm: a. Handgun/Rifle-Any discharge. E. Use of Force Model Each bold force option within the levels of control represents the highest level of force option available; however, other force options should be considered to help de-escalate the situation. Page 134 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 7 of 35 This graphic is intended as a general guideline for an officer. The subject(s) actions will dictate the Resistance Level and officers will make an “objectively reasonable” force option. In use of force incidents, the officer will transition to differing degrees or types of force, including attempts to de-escalate. Force situations are dynamic and require an officer to continually assess the subject’s actions to ensure an objectively reasonable response. Officers shall modify their Level of Control in relation to the amount of resistance offered by a subject. 6/002.01 Use of Force Procedure A. Use of Force to affect a detention, an arrest or to conduct a search B. Duty to intervene C. Levels of resistance (see Use of Force Model) D. Levels of control (see Use of Force Model) E. De-Escalation A. Use Of Force To Affect A Detention, An Arrest or to Conduct a Search A. Officers may use reasonable force: 1. To protect themselves; Page 135 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 8 of 35 2. To protect others; 3. To affect a lawful detention; 4. To affect a lawful arrest; 5. To conduct a lawful search. 6. To assist in the provision of medical care. 7. In other appropriate circumstances. B. If it is not already known by the subject to be detained, arrested, or searched, officers should, if reasonable, make clear their intent to detain arrest or search the subject. When practicable, officers will identify themselves as a peace officer before using force. B. Duty to Intervene Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, safely intercede to prevent the use of such excessive force. Officers shall promptly report these observations to a supervisor. C. Levels of Resistance (see Use of Force Model) It is important for officers to bear in mind that there are many reasons a suspect may be resisting arrest or may be unresponsive. The person in question may not be capable of understanding the gravity of the situation. Officers must consider several factors when dealing with a non-compliant subject. A subject may be non-compliant due to a medical condition, mental, physical, or hearing impairment, language barrier, drug interaction or emotional crisis and have no criminal intent. This may not make the subject any less dangerous, but it may require a change in tactics that will be more effective while maintaining officer safety, once these circumstances are known to the officer. 1. Compliant - A person contacted by an officer who acknowledges direction or lawful order given and offers no passive/active, aggressive, or aggravated aggressive resistance. 2. Passive Resistance - The subject is not complying with an officer’s commands and is uncooperative, but is taking only minimal physical action to prevent an officer from placing the subject in custody and taking control. Examples include: standing stationary and not moving upon lawful direction, falling limply and refusing to use their own power to move (becoming “dead weight”), holding onto a fixed object, or locking arms to another during a protest or demonstration. 3. Active Resistance - The subject’s verbal or physical actions are intended to prevent an officer from placing the subject in custody and taking control, but are not directed at harming the officer. Examples include: walking or running away, breaking the officer’s grip. Page 136 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 9 of 35 ---------------------- SUBJECT’S INTENT TO DO HARM --------- 4. Aggressive Resistance - The subject displays the intent to harm the officer, themselves or another person and prevent an officer from placing the subject in custody and taking control. The aggression may manifest itself through a subject taking a fighting stance, punching, kicking, striking, attacks with weapons or other actions which present an imminent threat of physical harm to the officer or another. 5. Aggravated Aggressive Resistance - The subject’s actions are likely to result in death or serious bodily harm to the officer, themselves or another. These actions may include a firearm, use of a blunt or bladed weapon, and extreme physical force. D. Levels of Control (see Use of Force Model) When the use of force is needed, officers will assess each incident to determine, based on policy, training, and experience, which use of force option is believed to be objectively reasonable for the situation and bring it under control in a safe and prudent manner. 1. Low-Level Force - Low-level force is a level of force or control that is neither likely nor intended to cause injury. Examples are handcuffing a compliant arrestee for transport to a detention facility or proning a suspect out on a high-risk vehicle stop. This level of force includes: 1. Officer Presence 2. Verbal Communications 3. Control Tactics (Takedowns) 4. Handcuffs/Other PPD Approved Restraint Devices 5. Baton (As escort tool) 6. VNR (Level One – minimum restraint) 7. Canine 8. P.I.T. 2. Intermediate Force - A level of force that has the potential to cause injury or substantial pain, and is greater than Low-Level Force. This level of force requires a Use of Force Report and includes: 1. Empty Hand Tactics (Takedown with injury, Strikes, Kicks) 2. Baton/Impact Weapons (Jabs, Strikes) 3. VNR (Level 2 – medium restraint; and 3-maximum restraint) 4. OC Spray 5. CEW 6. Canine 3. Deadly Force - Deadly force is that degree of force, which is likely to produce death or serious bodily injury. Deadly force can also result from a force option being improperly applied. In order for the Use of Deadly Force to be justified, at least one of the parameters and all elements must be present. Examples include but are not limited to: 1. Baton (Striking head, neck, sternum, spine, groin, or kidneys) Page 137 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 10 of 35 2. Low Lethality Shotgun (Fired at a distance less than five yards) 3. Ramming 4. Firearm Use Parameters for Use of Deadly Force An officer may use deadly force upon another person only when it is objectively reasonable to: 1. Protect themselves or others from what is reasonably believed to be an imminent threat of death or serious bodily injury; 2. Prevent the escape of a fleeing felon who the officer has probable cause to believe has committed a violent felony crime and is an imminent threat to human life if escape should occur. Officers will give some warning, if feasible, prior to the use of deadly force. Example: “Police! Stop, or I will shoot!” Elements of Deadly Force 1. Ability - Ability exists when a person has the means or capability to cause grave injury, serious bodily harm or death to an officer or another. This may include but is not limited to the following: the subject’s physical ability, size, age, strength, combative skill, the level of aggression, and any weapons in their immediate control. 2. Opportunity - Opportunity exists when a person is in a position to effectively resist an officer’s control or to use force or violence upon the officer or another. Examples which may affect opportunity include relative distance to the officer or others and physical barriers between the subject and the officer. 3. Imminent Jeopardy - Based upon all the facts and a circumstance confronting the officer, the officer reasonably believes the subject poses an imminent threat to the life of the officer(s), or other third parties and the officer must act immediately to prevent death or serious bodily injury. 4. Preclusion - Lesser alternatives have been reasonably considered and exhausted prior to the use of deadly force, to include disengagement. Deadly force in response to the subject’s actions must remain reasonable while based upon the totality of the circumstances known to the officer at the time force was applied. E. De-Escalation When reasonable under the totality of circumstances, officers should gather information about the incident, assess the risks, assemble resources, attempt to slow momentum and communicate and coordinate a response. In their interaction with subjects, officers should use advisements, warnings, verbal persuasion, and other tactics and alternatives to higher levels of force. Officers should recognize that they may withdraw Page 138 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 11 of 35 to a position that is tactically more secure or allows them greater distance in order to consider or deploy a greater variety of Force Options. Officers shall perform their work in a manner that avoids unduly jeopardizing their own safety or the safety of others through poor tactical decisions. As a good practice, supervisors will acknowledge and respond to incidents in a timely manner where law enforcement use of force is probable. Supervisors should possess a good knowledge of tactics and ensure that officers under their supervision perform to a standard. Authorized Force Tools, Description, Requirement, Uses and Considerations A. Presence and Verbal Communication (consider other language/communication style if available: B. Control Tactics: C. Handcuffs, flexible handcuffs, or other restraint devices: D. Baton/Impact Weapons: E. Oleoresin Capsicum Spray: F. Vascular Neck Restraint: G. Conducted Electrical Weapon: H. Use of Canine I. Use of Force with a Vehicle a. Pursuit Intervention Technique: b. Blocking/Blockades c. Intentional Striking J. Use of Force with a Firearm a. Handgun/Rifle b. Deployment of Rifles With few exceptions only department-approved weapons and training techniques shall be used. Uniformed officers will carry all issued tools and equipment required by the policies of this agency. Officers should note that less lethal tools may result in a lethal outcome, or be ineffective even when used appropriately. Non-uniformed commissioned personnel the rank of sergeant and below are required to carry at least one intermediate force option - baton, OC spray, or CEW – on their person when on-duty. Supervisors of commissioned personnel will ensure their subordinates complete their minimum required hours of training within the calendar year. Officers completing an academy during the calendar year are exempt from the minimum hour requirement. The following are authorized force tools/restraints and techniques which may be used when objectively reasonable and otherwise permitted under this policy. Specialized units may have additional tools that are not covered in this policy. A. Presence and Verbal Communication: Level of Control – Low-Level Force Page 139 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 12 of 35 Approved Use: Officers will, when and to the extent reasonably possible, attempt to use verbal communication skills to control subjects before resorting to physical control methods. B. Defensive Tactics: Level of Control i. Low-Level Force – takedowns (not likely to cause injury), escorts ii. Intermediate Level Force – takedown, strikes, kicking iii. Deadly Force – takedown, strikes, kicking Certification Requirements: Entry-level training as taught at the police academies. Annual Training - Pasco Police Department requires patrol sergeants and patrol officers to participate in 8 hours of Defensive Tactics training per year and demonstrate proficiency with each tactic/tool they are authorized to use. Detective sergeants and detectives will comply with RCW 43.101.095. Approved Use: These tactics will be used only in accordance with policy and department training. Officers should only use tactics appropriate to the situation which have been taught by department Defensive Tactics instructors. Additional Considerations: Summon medical attention on use of Intermediate Force, Deadly Force, and/or any incident where a subject is injured and/or complains of injury. Render immediate first aid and/or life saving measures to injured persons if safe to do so. All strikes, punches, kicks, or any incident where a subject is injured or complains of injury is a reportable Use of Force. C. Handcuffs, flexible handcuffs, or other restraint devices: Level of Control – Low-Level Force Description: Officers will only use department-authorized or issued handcuffs. Certification/ Requirements: Page 140 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 13 of 35 o Entry-level training as taught at the Washington State Criminal Justice Training Center police academy. o Patrol sergeants and patrol officers will participate in 8 hours of Defensive Tactics training per year and demonstrate proficiency with each tactic/tool they are authorized to use. Detective sergeants and detectives will comply with RCW 43.101.095. Inspection Requirement: Handcuffs will be maintained in clean and working order. Approved Use: 1. This tool will be used only in accordance with policy and department training. 2. In an attempt to minimize the risk of injury to officers and others during arrest situations, officers will handcuff all persons arrested as soon as possible. 3. During investigative detentions (“Terry Stops”) where one or more of the following factors is present: a. Articulable facts that the subject is physically uncooperative; b. Articulable facts that a subject’s actions at the scene may present physical danger to themselves or others if not restrained; c. Reasonable possibility of flight based on the action of the subject; d. Information that the subject is currently armed; e. The stop closely follows a violent crime and the subject matches specific parts of a description; f. When there are articulable facts that a crime of violence is about to occur; g. Care and discretion should be used when the subject is at extremes of age (elderly and young children) or physically disabled when handcuffing an individual during an investigative detention. h. The authority to handcuff during investigatory stops continues for only as long as the circumstances above exist. 4. During a search warrant service; a. At a private residence as is reasonably necessary to execute the warrant in safety; b. At a commercial business open to the public if it reasonably appears that handcuffing is necessary to protect an officer or others from physical harm. Circumstances which may justify initial handcuffing may change and eliminate continued justification; 5. Persons being transported to detoxification facilities; Page 141 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 14 of 35 Disapproved Use: 1. If medical circumstances make it unreasonable to handcuff an arrestee, officers will refrain from handcuffing. 2. When responding to a security office where a subject has already been placed in handcuffs prior to arriving at the scene, officers shall not place handcuffs on the subject until they have reasonable suspicion or probable cause based on their independent investigation and/or findings. Tactical Considerations: 1. Officers will check handcuffs for tightness and double lock as soon as it is safe to do so prior to transport. 2. When a handcuffed subject first complains that handcuffs are too tight and/or are hurting the subject, the officer having custody of the handcuffed subject will, as soon as reasonably possible, check the handcuffs to make sure that they are not too tight. If they are too tight (per training), they will be loosened and double locked. Adjusting handcuffs should occur only when the officer has ad ditional assistance or is reasonably safe to do so. Additional Considerations: Summon medical attention on the use of handcuffs or other restraint devices and/or any incident where a subject is injured and/or complains of injury. Any incident where a subject is injured or complains of injury is a Reportable Use of Force. D. Baton/Impact Weapons: Level of Control: i. Low-Level Force - when used as an escort tool Intermediate Force - when used for jabbing or striking ii. Deadly Force - striking subjects on the head, neck, sternum, spine, groin, or kidneys Description: 1. A baton is a department-authorized expandable straight baton or department issued straight baton. 2. All commissioned police personnel the rank of sergeant and below must 3. Obtain certification training and carry a baton when in uniform. Page 142 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 15 of 35 4. Plain clothes officers are required to carry either OC spray, a CEW, or an expandable straight baton, or be trained in VNR. Certification Requirements: 1. Entry-level training as taught at the police academy. 2. Required of all patrol officers, at the rank of sergeant and below. 3. Annual Training - 8 hours of Defensive Tactics training per year and demonstrate proficiency with each tactic/tool they are authorized to use. Detective sergeants and detectives will comply with RCW 43.101.095. Inspection Requirement:  Batons will be maintained in clean and working order. Deployment Requirement: 1. When deploying, an officer will, if practical, announce a warning to the subject and other officers of the intent to deploy a baton/impact weapon if the subject does not comply with your commands. i. Example, “Do what I am telling you to do, or I will strike you with my baton.” 2. Officer shall give the subject a reasonable opportunity to voluntarily comply. Approved Use: 1. This tool will be used only in accordance with policy and department training. 2. Blocking, jabbing, to apply control holds, or passive/active escort techniques Disapproved Use: 1. A subject who poses no imminent threat will not be struck with a baton or impact tool. 2. Officers are discouraged from using their firearm as an impact tool due to the possibility of an unintentional discharge. 3. During non-deadly force incidents, officers will use reasonable care to avoid striking subjects on the head, neck, sternum, spine, groin, or kidneys, as these strikes may constitute deadly force. 4. The use of equipment as a weapon for the purpose of striking or jabbing (i.e., flashlights, radio, etc.) other than department-authorized batons, is strongly discouraged and acceptable only when other authorized force responses have been exhausted and are either unavailable or ineffective. 5. Officers must be able to articulate a compelling need to use any other device or object other than an authorized baton as an impact weapon. Additional Considerations: 1. Summon medical attention on all strikes with a Baton/Impact weapon and/or any incident where a subject is injured and/or complains of injury. Page 143 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 16 of 35 2. Notify a supervisor when a Baton/Impact weapon has been used. 3. Use of the baton for escort/control or display only is non-reportable. All strikes or any incident where a subject is injured and/or complains of injury is a reportable Use of Force Report. E. Oleoresin Capsicum Spray: 1. OC spray is a non-lethal agent which causes inflammation of the skin and mucus membranes of a subject and has a natural base as opposed to a chemical base 2. All commissioned police personnel the rank of sergeant and below must obtain certification training to carry OC spray. 3. Plain clothes officers are required to carry OC spray, a CEW, or an expandable straight baton NOTE: SWAT personnel are exempt from these provisions during tactical operations, and will follow their own training and standard operations procedures (SOP). Certification Requirements: 1. Entry-level training as taught at the police academies. 2. Annual Training – Patrol sergeants and patrol officers will complete 8 hours of Defensive Tactics training per year and demonstrate proficiency with each tactic/tool they are authorized to use. Detective sergeants and detectives will comply with RCW 43.101.095. Inspection Requirement: OC spray expiration date and serviceability will be checked by the Training Sergeant. Deployment Requirement: 1. When deploying, an officer will, if practical and tactically appropriate, announce a warning to the subject and other officers of the intent to deploy the OC spray if the subject does not comply with your commands. Example, “Do what I am telling you to do, or I will spray you with pepper spray.” 2. Officer shall give the subject a reasonable opportunity to voluntarily comply. Approved Use: 1. OC Spray will be used only in accordance with policy and department training. 2. OC spray may be used when the subject is engaging or displays the intent to engage in the aggressive resistant behavior. 3. OC spray may be used on vicious or aggressive animals when those animals interfere with the safety of the officers or citizens. 4. OC spray may only be used in a protest or demonstration situation when authorized by an incident commander in response to the imminent threat of harm. Page 144 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 17 of 35 Disapproved Use: 1. Shall not be used on a subject inside a closed vehicle, unless an officer is attempting to secure an aggressive, resistant subject in a patrol vehicle. OC is not intended to be used to force extraction from an enclosed area. 2. Shall not be used on passive resistant protestors. 3. Shall not be used on a handcuffed subject unless the subject is displaying Aggressive Resistance. Tactical Considerations: 1. Whenever possible, should be used upwind and relatively close to the subject. 2. High capacity OC spray may be used as an intermediate level of control; however, officers will assess the effect the device will have on subjects in the general area due to the volume of agent dispersed. Supervisory Consideration: Incident commander may authorize use in a protest or demonstration incident in response to imminent threat of harm. Additional Considerations: 1. Summon medical attention on all use of OC Spray and/or any incident where a subject is injured and/or complains of injury. 2. Notify a supervisor when OC Spray has been used. 3. Inform corrections personnel the subject has been exposed to OC Spray 4. The use of OC Spray on a subject is a Reportable Use of Force Report. F. Vascular Neck Restraint: There are three levels to applying the VNR. Level One begins with Low-Level Force and may progress to the Intermediate based on the subject’s actions. Level of Control: Low-Level Force -- VNR Level One (minimum restraint) Intermediate Force -- VNR Level Two (medium restraint) VNR Level Three (maximum restraint) Description: The VNR is a control technique in which the carotid arteries on the sides of the neck are compressed, limiting blood flow to the brain, causing the subject to momentarily pass out. Certification Requirements: 1. Entry Level Training as provided by PPD trained instructors. Page 145 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 18 of 35 No officer will use the VNR without first completing the certification course provided in the police academy or by PPD instructors. 2. Training will be provided by certified VNR instructors only. 3. All commissioned officers in the rank of Sergeant and below will receive training in the VNR. 4. Officers certified in the VNR will be required to complete recertification. a. Any officer requesting an exemption from VNR training due to medical reasons must obtain a medical exemption from their physician. b. This exemption must be obtained immediately upon requesting the exemption and at the beginning of each calendar year thereafter, and be forwarded to the Director of Risk Management. Approved Use: 1. This tool will be used only in accordance with policy and department training. 2. The VNR is a defensive tactic to quickly and safely stop active/aggressive resistance. Disapproved Use: 1. Will not be used on subjects that have been exposed to OC spray or who are experiencing difficulty breathing. 2. Officers will not use any technique that involves a neck restraint. Tactical Considerations: 1. When applying the VNR, only the amount of force necessary to bring the subject under control will be used. 2. Upon the subject being brought under control the VNR will be relaxed. Additional Considerations: 1. Summon medical attention on all use of VNR Level 2 and 3, and/or any incident where a subject is injured and/or complains of injury. 2. Notify a supervisor when VNR has been used. 3. Inform detention/corrections personnel VNR has been applied on the subject. 4. Any application of VNR on a subject is a reportable Use of Force Report. G. Conducted Electrical Weapon: All commissioned personnel at the rank of sergeant and below must obtain initial CEW certification training, and annual recertification. Sergeants and below, who are issued a CEW, must carry the device when in patrol uniform. Pasco Police Department currently issues the TASER X26 or X26-P. Level of Control - Intermediate Force Description: Page 146 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 19 of 35 1. The CEW is a Neuro-Muscular Incapacitation (NMI) device that disrupts the body’s ability to communicate messages from the brain to the muscles thereby causing temporary NMI. a. An air cartridge is a replaceable cartridge for the CEW which uses compressed nitrogen to fire two barbed probes on thin connecting wires, sending a high voltage/low current signal into a subject. Certification/POST Requirements: 1. Entry Level Training as taught at the Pasco Police Department. 2. Defensive Tactics instructors who have been certified as CEW instructors will be the only authorized persons to instruct on the CEW. 3. Officers authorized to use an CEW must successfully complete an initial certification training course, to include written and practical tests. 4. Once certified, all officers, regardless of issuance of a CEW, must annually attend recertification training taught by the CEW Instructors. 5. If the employee fails to demonstrate proficiency at any time, the employee and/or the employee’s supervisor will contact the Training Section for assistance in formulating a remedial training program. Inspection Requirement: 1. Officers will use only authorized CEW equipment issued by the PPD. The CEW will be inspected for damage and cleanliness, and batteries and cartridges replaced by the officer when required. The CEW will be inspected and maintained in accordance with training protocols. When off duty, CEWs must be stored and secured in a climate-controlled area (i.e. locker), not in a vehicle. 2. Officers must conduct a spark check, outside the public view, at the beginning of shift to ensure the CEW will function properly. This spark check does not require completion of a Use of Force Report. 3. Uniformed officers will carry the CEW in a department approved holster. The holster will be carried on the duty belt, on the side opposite the duty firearm in the Cross-draw position. Plain clothes officers, who are issued a CEW, will carry the device on their weak side. Deployment Requirement: 1. When displaying a CEW, officers will give a warning, when practical and tactically appropriate, to the subject and other officers before firing the CEW. Example: “Do what I am telling you to do or I will taze you and it will hurt.” 2. Officer shall give the subject a reasonable opportunity to voluntarily comply. Note: Officers should be aware of the higher risk of sudden death which may exist in subjects under the influence of illicit drugs and/or exhibiting symptoms associated with excited delirium. In addition, once a subject has received a CEW application; officers should be aware of the potential for impaired breathing during restraint procedures. If the subject is thought to be experiencing impaired breathing, they should be placed on their side to Page 147 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 20 of 35 reduce the risk of aspiration. Severely impaired breathing could result in death. Approved Use: 1. This tool will be used only in accordance with policy and department training. 2. The CEW is an Intermediate Level of Control and may be used when there is an imminent threat of physical harm. Disapproved Use: 1. Officers are not authorized to draw or display the CEW except for training and inspection, unless the circumstances create a reasonable belief that use may be necessary. The CEW will be handled in the same manner as a firearm and will be secured prior to entering any detention facility. 2. The CEW will not be used: a. When the officer knows a subject has come in contact with flammable liquids or is in a flammable atmosphere; b. When the subject is in a position where a fall may result in serious bodily harm or death; c. Punitively for purposes of coercion or in an unjustified manner; d. To escort or jab individuals; e. To awaken unconscious or intoxicated individuals; f. When a subject displays solely Passive or Active Resistance (i.e. peaceful protest, refusal to stand, non-aggressive verbal resistance, etc.); g. When a subject is fleeing as the sole justification for use of the CEW. 3. The CEW should not be used in the following circumstances unless there are compelling reasons to do so which can be clearly articulated: a. When the subject is in handcuffs or waist restraints; b. When the subject is operating a motor vehicle; c. When the subject is holding a firearm; d. When the subject is at the extremes of age (elderly and young children) or physically disabled; e. When the subject is visibly pregnant. f. In a situation where deadly force is clearly justifiable unless another officer is present and capable of providing deadly force to protect the officers and/or others as necessary. Tactical Considerations: 1. There are three types of CEW applications: a. Spark Display - A non-contact test of the CEW’s ability to discharge electricity. b. Touch Stun - A pain compliance application of the CEW without a Page 148 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 21 of 35 cartridge intended to gain compliance of a subject or used to complete a circuit by making direct contact with the body after the air cartridge has been expended or removed. Note: Use of the CEW as a pain- compliance tool is discouraged. c. Probe Mode - When the CEW cartridge is fired at a subject with the intent that the subject be temporarily immobilized for the period of time the CEW is cycled. Proper application will result in temporary immobilization of the subject and provide the officer a “window of opportunity” in which to take the subject safely into custody. 2. For a frontal shot, reasonable effort should be made to target lower center mass and avoid intentionally targeting the head, neck, groin and chest. It is recognized that the dynamics of each situation and officer safety may not permit the officer to limit the application of the CEW probes to a precise target area. Back shots are the preferred target area when practical. 3. When deploying a CEW, officers will: a. Initial use of the CEW shall be a standard five-second cycle, and then the officer will evaluate the need to apply a second five-second cycle after providing the subject a reasonable opportunity to comply. Each subsequent five-second cycle requires separate justification based on the objectively reasonable standard of Graham v. Connor, 490 U.S. 386 (1989). Once the subject has been exposed to three cycles, the CEW shall be deemed ineffective and another use of force option will be considered, unless exigent circumstances exist; b. Begin control and restraint procedures, including cuffing under power, as soon as is reasonably safe and practical to do so in order to minimize the total duration of CEW exposure(s). The device user and those assisting the user, should avoid touching the probes, wires, and the areas between the probes to avoid accidental shock during the electrical discharge; c. The use of “touch stun” mode should only be used to supplement Probe Mode to complete the Neuro-Muscular Incapacitation (NMI) effect. The CEW “touch stun” mode requires the same level of justification as probe deployment. Additional Considerations Summon medical attention when: 1. A subject is energized with three or more cycles. 2. When two or more air cartridges are deployed into an individual. 3. When probes impact a sensitive area on an individual. 4. Any incident where a subject is injured and/or complains of injury. Notify a supervisor when CEW has been used (Probe or Drive Stun). Inform detention/corrections personnel a CEW has been used on the subject (Probe or Touch Stun). Page 149 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 22 of 35 Any use of CEW on a subject is a reportable Use of Force Report with the only exception being a spark check out of public view, and spark display. Note: Any accidental discharge of a CEW other than at a subject will be documented on an Officer’s Report. If the subject is thought to be experiencing impaired breathing, they should be placed on their side to reduce the risk of aspiration. H. Use of Canine Level of Control:  Low Level  Intermediate Force Certification/WAC Requirements:  All police service dogs will conform to WAC 139.05.915. Inspection Requirement:  Maintenance training by the handler and the Canine should occur on a regular basis to ensure the training standards are maintained. Deployment Requirement:  Canine teams can be requested through Communications, 24 hours a day, and 7 days a week. A Canine team may need to be called out upon the approval of the Watch Commander. Approved Use: Canine is approved when there is probable cause to believe a subject has committed a crime or is a danger to themselves or others, and when the subject is actively evading efforts to take them into custody and the use of a canine would reduce risk to officers or the public. Canine will be used only in accordance with policy, department training, and Graham v. Connor, 490 U.S. 386 (1989). Disapproved Use: Since the use of police dogs may inflame an already volatile situation, it is the policy of this department to place limitations on the use of police dogs in crowd control, civil disorders, or riot situations. In the event of such an occurrence, the canine teams may be dispatched to the problem area in a standby status. They would be utilized only when authorized by the supervisor/commander in charge of the scene in a dire emergency. Such an emergency would be for crowd control in conjunction with an all-out police effort to rescue isolated officers or citizens in danger of being injured or killed. Page 150 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 23 of 35 Tactical Considerations: 1. In police operations, canine handlers are in charge and responsible for their dogs’ deployment. 2. When it is believed a subject may be armed with a weapon likely to cause injury or death to the police service dog, the handler may exercise their discretion before deploying the dog. 3. Risk to Third Parties: In using police service dogs, the canine handler shall exercise reasonable care to avoid unnecessary risk of injury to persons who are not the subject of a search or apprehension. 4. When cover officers accompany canine handlers during searches, they should stay with the handler during a search and not move or run past the canine team unless directed to do so. Cover officers should watch for dangers, make citizen contacts and let canine handlers issue commands to a subject. The canine handlers will let the cover officers know when it is safe to apprehend a subject. Additional Considerations:  Summon medical attention on all bites, and/or any incident where a subject is injured and/or complains of injury.  Notify a supervisor when a subject or person has been bitten by a police service dog.  Any use of a Canine with bites on a subject is a reportable Use of Force Report NOTE: Any injury caused by a police service dog to a person who was not the subject of the search will be documented in an Officer’s Report and not a Use of Force Report. I. Use of Force with a vehicle: a. Pursuit Intervention Technique (PIT) b. Blocking/Blockades c. Ramming Level of Control: Low-Level Force – Blocking & PIT Deadly Force – In the following instances: 1. When used on motorcycles 2. When used on high center of gravity vehicles likely to roll over, such as vans, SUVs, and jeeps; 3. In circumstances creating a substantial risk of death or serious bodily injury. Ramming - Deadly Force regardless of speed. Page 151 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 24 of 35 Blocking - is the positioning of a police vehicle in the path of an occupied subject vehicle where contact between the vehicles is not anticipated or is anticipated to be minimal. In circumstances where the officer initiates contact it is a reportable use of force. In the use of blocking, the potential for injuries and vehicle damages are low. PIT - is a specific manner of intentional contact using a police vehicle against a fleeing vehicle to cause the fleeing vehicle to come to a stop. Training Requirements: PIT: 1. Entry-level training is taught to PPD police officers: a) Only those officers who maintain required training may use this technique, Prior to initiating a PIT, officers will use their emergency equipment (red and blue lights and sirens) and will give the operator of the subject vehicle a reasonable opportunity to stop. b) Officers will broadcast through dispatch the intent to use PIT if circumstances permit. Otherwise, notification will be made immediately after. Blocking: The intent of blocking is to prevent the escape of a subject by utilizing a police vehicle to block the path of the occupied subject vehicle when contact is not anticipated or probable. PIT: Circumstances warranting the use of PIT as deadly force are as follows: 1. Continued movement of the pursued vehicle would place others in danger of serious bodily injury or death; and/or 2. Apparent risk of harm, to other than the occupants of the pursued vehicle, is so great as to outweigh the risk of harm in making the forcible stop; and 3. Other means of apprehension have been considered and rejected as impractical. Disapproved Use: PIT: 1. PIT will not be used unless the subject demonstrates their attempt to evade police and the elements necessary for an approved Vehicular Pursuit are present (i.e., felony offense or subject presents a clear and immediate danger to the public). Tactical Considerations:  Officers will consider the safety of the public and subjects before utilizing these tactics. Page 152 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 25 of 35 Environmental factors: a. Areas with pedestrians; b. Other vehicle traffic; c. Parked vehicles; d. Telephone/utility poles; e. Bridges/overpasses; f. Areas adjacent to paved roads with a large elevation change. Subject factors: a. Seriousness of the crime; b. Number of subjects; c. Subject(s) known to have or has access to firearms; d. Potential of the subject to use the vehicle as a weapon; e. Potential of a tactical disadvantage due to close proximity of the subject(s); f. Potential of creating a crossfire situation; g. Size/weight of the subject’s vehicle compared to the police vehicle. Supervisory Consideration: Blocking: Utilized to prevent the escape of a subject in a vehicle. PIT: 1. Immediately acknowledge the officer’s notification over the radio, and assume responsibility for (either approving or disapproving) PIT over 40 mph; 2. Order discontinuation of the PIT when the necessity for apprehension is outweighed by the dangers of the PIT; 3. Consider use of other options. Additional Considerations:  Summon medical attention on all incidents involving use of force with a vehicle when the that level of force is greater than a low level of force, or any incident where a subject is injured and/or complains of injury.  Notify a supervisor on any use of force with a vehicle. Any incident where a subject is injured or complains of injury is a reportable Use of Force. J. Use of Force with Firearm Handgun/ Rifle Level of Control: Deadly Force – Shots Fired Page 153 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 26 of 35 Handgun/ Rifle a. Ensure weapon is loaded with department duty ammunition and not mixed with practice ammunition; b. Officer is responsible to know how many rounds are loaded in the firearm and each magazine(s). Deployment Requirement: Handgun/ Rifle 1. Before using a firearm, officers will, whenever feasible, identify themselves and state their intention to shoot. Example: “Police! Stop or I’ll shoot!” 2. Officer shall give the subject a reasonable opportunity to voluntarily comply. Rifle Deployment 1. If there is a potential for deadly force an officer may deem an approved rifle is appropriate based on distance, available cover, and tactical situation presented. It is important for an officer to understand the capabilities and limitations of the rifle to be deployed. a. It is incumbent on the officer to use discretion when deploying and displaying the rifle, and to only deploy the rifle when the situation dictates. b. Supervisors will manage the scene to ensure that in addition to rifle deployment, that other officers are available for non-lethal and hands- on incidents Approved Use:  All firearms will be used only in accordance with policy and department training. Handgun 1. Officers are to fire their weapons only: a. To stop and incapacitate a subject from completing a potentially deadly act. b. When the officer has probable cause to believe that the subject poses an imminent threat of serious physical harm, either to the officer or to others. c. To prevent the escape of a fleeing felon who the officer has probable cause to believe has committed a violent felony crime and is an imminent threat to human life if escape should occur (See NRS 171.1455 and Tennessee v. Garner, 471 U.S. 1(1985)). NOTE: A seriously wounded or injured animal may be destroyed only after attempts have been made to request assistance from the agency (Humane Society, animal control, game warden, etc.) responsible for the disposal of animals. Page 154 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 27 of 35 Disapproved Use: Handgun/ Rifle 1. Officers are not authorized to draw or display their firearms, except for training at an approved firearms range, unless the circumstances create reasonable belief that it may be necessary to use the firearm in the performance of their duty. 2. Officers are not authorized to discharge their firearm: a. As warning shots b. If it appears likely that an innocent person may be injured; c. Either at or from a moving vehicle unless it is absolutly necessary to do so to protect against imminent threat to the life of the officer or others. 1) a person in the vehicle is threatening the officer or another person with deadly force by means other than the vehicle 2) the vehicle is operated in a manner deliberately intended to strike an officer or another person, and all other reasonable means of defense have been considered (or are not present or practical), which includes moving out of the path of the vehicle. 3. Firearms shall not be discharged from a moving vehicle except in exigent circumstances. In these situations, an officer must have an articulable reason for this use of deadly force. Tactical Considerations: Handgun/Rifle 1. An officer’s decision to draw or exhibit a firearm should be based on the tactical situation at hand and the officer’s reasonable belief there is a substantial risk that the situation will escalate to the point where deadly force may be justified. Unnecessarily drawing or exhibiting a firearm may limit an officer’s alternatives in controlling a situation, create unnecessary anxiety on the part of citizens, and result in an unwarranted or accidental discharge of the firearm. 2. Flashlights mounted to firearms will be used only for the purposes authorized and intended and will not be used routinely in the place of a hand-held flashlight. Rifle 1. It is the supervisor’s responsibility to ensure proper deployment of rifles and address over-deployment. 2. A supervisor will: Page 155 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 28 of 35 a. Proceed immediately to the incident involving the rifle deployment and assume tactical control, when possible; b. Ensure that rifle deployment is appropriate for the incident; c. If rifle deployment is inappropriate for the incident, modify or cancel deployment. Additional Considerations: 1. Summon medical attention on all use of a firearm, including Low Lethality Impact munitions, or any incident where a subject is injured and/or complains of injury. 2. Notify dispatch of “Shots Fired!” not applicable for Low Lethality 3. Notify a supervisor when a firearm has been discharged. 4. Any intentional use of a firearm on a subject is a reportable Use of Force Report. Rifle Deployment Rifle deployments alone are not considered a reportable Use of Force Report. REPORTABLE USE OF FORCE A. Reportable Force Incidents B. Investigations and Reporting C. Post Use of Force Procedures D. Use of Force Investigation A. Reportable Force Incidents Reportable force incidents which require the completion of a Use of Force Report, but are not limited to: 1. Control Tactics/ Impact Tactics (Takedown with injury, Strikes, Kicks) 2. Baton/Impact Weapons (Jabs, Strikes) 3. OC Spray 4. CEW (touch stun and probe deployment) 5. VNR (Level 2 and 3) 6. Canine (With bites) 7. Use of Force with a vehicle: a. Ramming 8. Use of Force with a Firearm a. Handgun b. Rifle Supervisors will respond without necessary delay to all potential reportable uses of force. B. Investigations and Reporting a) The department reviews or investigates all reportable use of force incidents to determine their justification, as well as to correct any identifiable training deficiencies. Officers involved in reportable use of force incidents will Page 156 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 29 of 35 immediately notify their supervisor if not already aware or, if unavailable, another on-duty supervisor, and complete a Use of Force Report in BlueTeam prior to the end of shift (exceptions must be approved by a supervisor). The report should distinguish which force option was selected and why it was objectively reasonable. Supervisors should respond to each use of force incident in which reportable force is used, conduct an investigation and assist with the completion of the use of force report. The report will be required by each officer involved in a use of force incident when reportable force is used. b) A Use of Force Report is not required when no injury and/or complaint of injury occurs as a result of: 1. Low Profile Pat Down/High Profile Pat Down/Arm Lock/Standing Search; 2. Routine Handcuffing; 3. Felony Prone Handcuffing (Front and Rear); 4. Felony Prone Search Felony Kneeling; 5. Baton Escort Technique; 6. Takedown c) The following Use of Force Options requires a Use of Force Report be completed by the involved officer. 1. Any use of force which is required to overcome subject resistance to gain compliance that results in injury, complaint of injury, or complaint of continuing pain; 2. Any takedown which causes injury or verbal complaint of injury; 3. Use of OC Spray; 4. Vascular Neck Restraint Level 2 & 3 5. Use of a CEW; 6. Baton Takedowns, Strikes and Jabs; 7. Punches, and Kicks; 8. A citizen or person arrested complains that an injury has been inflicted as the result of the use of force; or 9. Ramming 10. A firearm discharge resulting in death or serious bodily injury C. Post Use of Force Procedures The department reviews and/or investigates all reportable use of force incidents to determine their justification, as well as to correct any identifiable training deficiencies. Officers involved in reportable use of force or alleged use of force incidents will immediately notify their supervisor. If unavailable, the officer will notify another supervisor, and complete the Use of Force Report in BlueTeam prior to the end of shift. Any exceptions to this must be approved by the supervisor. The report should include a detailed description on the level of force, tool and/or tactic used, to include its effectiveness or ineffectiveness. Each application of a reportable Use of Force Tool/Tactic must be separately justified and documented. Supervisor will complete a memorandum to the division commander for unfounded alleged use of force. Page 157 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 30 of 35 D. Reportable Force Incidents Reportable force incidents which require the completion of a Use of Force Report include, but are not limited to: 1. Control Tactics/ Impact Tactics (Takedown with injury, Strikes, Kicks) 2. Baton/Impact Weapons (Jabs, Strikes) 3. OC Spray 4. CEW 5. VNR (Level 2 and 3) 6. K-9 (With bites) 7. Use of Force with a vehicle: i. Ramming A Use of Force report is required by each officer involved in a use of force incident. A Weapons Discharge Report in BlueTeam is required: 1. When shots are fired outside the firearm’s range, excluding off-duty situations such as hunting or participating in competitive shooting. 2. When a firearm is discharged at a human. A Use of Force Report is not required when no injury and/or complaint of injury occurs as a result of: 1. Low Profile Pat Down/High Profile Pat Down/Arm Lock/Standing Search; 2. Routine Handcuffing; 3. Felony Prone Handcuffing (Front and Rear); 4. Felony Prone Search Felony Kneeling; 5. Baton Escort Technique; 6. Control Tactics E. Investigative Responsibilities: Use of Non-Deadly Force A. Non-Deadly Force requiring a Use of Force report but not resulting in death or serious bodily injury will be investigated by the officer’s chain of command. B. All reportable Uses of Force on a subject regardless of visible injury will photograph and document the injuries, or if for some reason the photos cannot be taken, this will be articulated in the report. The Officer will: a. Immediately notify a supervisor when a reportable non-deadly use of force occurs; b. Complete the Use of Force Report and any other required reports connected to the incident; 1) Include a synopsis of the incident, Page 158 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 31 of 35 2) Ensure the 3 prong requirements of Graham v. Connor, 490 U.S. 386 (1989) and the five additional 9th circuit factors are each addressed. Additional Tool/Tactic Requirements: CEW  Handle the probes in the same manner as contaminated needles and sharps in accordance with department bio-hazard disposal procedures and impound all probes, wires and cartridges as evidence. In cases of deadly force or in-custody death SIU will impound the probes and fired cartridges;  Provide the CEW to a supervisor for data download prior to the end of shift. Canine  Injuries caused by the police service dog to persons who were not the subject of the search will be documented in an Officer’s Report, and will require a supervisor response. A supervisor will: 1. Ensure medical assistance has been rendered or requested when applicable; 2. Respond to the scene without unnecessary delay, if unable to respond, request an alternate supervisor to the scene; 3. Document investigation when alleged use of force is determined to be unfounded; 4. Ensure the level of force used is a use of non-deadly force; 5. Interview the subject, officer(s), medical personnel and witnesses who claim to have firsthand knowledge of the incident. Witness statements should be documented on a voluntary statement or recorded, and are obtained by an uninvolved party. 6. Ensure photographs are taken of the subject(s), the scene and officer(s) involved and collect any evidence related to the Use of Force; 7. Check the surrounding area for any video surveillance, obtain a copy of dash camera’s or If body camera is video is available, 8. Review all applicable reports to ensure accuracy and completeness. a. Document how a use of force has been determined to be justified and in adherence to procedure, Document any training deficiencies identified and how they were corrected, b. Document if misconduct is identified and how it has been addressed. 9. When a CEW has been used: a. Ensure the data record of the CEW has been uploaded into evidence.com prior to the end of shift Page 159 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 32 of 35 b. Verify the probes, wires and cartridges are properly impounded and arrange for replacement cartridges. Accidental discharges will not require impounding of the probes, wires and cartridges unless there has been an injury. A Supervisor will: 1. Respond to the scene when significant force is used. If unable to respond, request an alternate supervisor respond to the scene; 2. Ensure interviews, photographs and reports are being completed; 3. Notify Division Commander if significant force is used (Examples include, but are not limited to: skeletal fractures; serious bodily injury or complaint of injury to a person’s head or sternum area. All Significant Force is Reportable Force.); 4. Review the Use of Force Report and all attached documentation and evidence to ensure accuracy and completeness, then forward to the Division Commander. The Division Commander will: a. Complete the Use of Force administrative review. b. Forward all inappropriate Use of Force Reports to the Chief of Police F. Investigative Responsibilities: Use of Deadly Force or Force Involving Serious Bodily Injury It is the policy of this department to conduct a fair, impartial and thorough investigation of all uses of deadly force for the interest of the officer, the department and the community alike. The following procedures shall apply to all deadly force investigations: A. Primary Responsibilities in a Deadly Force Investigation 1. Special Investigation Unit (SIU): a. SIU Response Criteria (also see SIU protocol): i. Any use of deadly force as described in PPD – Use of Force policy ii. Officer Involved non-lethal Shootings at the discretion of the Chief of Police 2. The SIU criminal investigation will conduct a criminal investigation and provide its finding to the County Prosecutor. B. Involved/Witness Officer(s) 1. When an officer intentionally discharges a firearm at a human being, uses deadly force, has an unintentional discharge of a firearm during a police operation, causes serious bodily injury or becomes aware of an in-custody death, the officer will: Page 160 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 33 of 35 a. Ensure life safety of others; b. Ensure the scene is safe and secure; c. Notify both Communications (via radio if on-duty) and a supervisor without delay; i. If needed, will request medical assistance and provide information on injuries; ii. Include suspect description and location. 2. In addition, off-duty officers or plain-clothes personnel will: a. Be aware of the particular danger of a potential police-on-police confrontation when first-responding officers arrive to the scene; b. Make certain they are readily identifiable as officers; Off-duty officers or plain-clothes personnel should display their badges and/or identification prominently and identify themselves frequently; c. Inform Communications via radio (or if off-duty and no radio available, they should call 9-1-1) if they have taken action, are armed or are wearing plainclothes; d. When confronted by first-responding officers, off-duty officers or plain- clothes personnel should be aware of and obey first-responding officers’ verbal commands. 3. In deadly force investigations, SIU detectives shall be briefed, by the first- responding supervisor or supervisor in charge of the event, on the names and locations of the Involved Officer and potential Witness Officers. a. Officer statements: i. Involved Officer: An officer or supervisor, who participated in, directed or influenced the application of the use of force. ii. Involved Officers may provide a (Miranda) statement to SIU Investigators following SIU investigative protocol. iii. Witness Officer: An officer or supervisor who did not participate in or directly influence the application of the use of force. Witness Officers will provide statements per the SIU protocol C. Incident Responsibilities 1. Any officer or supervisor assigned, involved, or arrived on the scene of a use of force investigation shall not leave until released by the supervisor in charge of the event. 2. The supervisor first on scene will act as Incident Commander until relieved by a Division Commander or designee: a. Ensure medical attention is provided for those in need; b. Coordinate the search for outstanding suspects; c. Ensure the immediate crime scene is secured and protected; d. Oversee the identification and isolation of witnesses; e. Ensure witness officer(s) and involved officer(s) are separated and placed in a secure and safe environment, with a witness monitor. f. Contact Communications and advise the type of incident and request that Command notifications be made or make the notifications. g. When practical, only the involved officer and a supervisor should be Page 161 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 34 of 35 present during the Public Safety Statement (PSS). If multiple officers are involved, the PSS should be done separately with each involved officer, by the same supervisor. The questions below will be read directly from the PSS card to the officer. A supervisor will write down the officer’s response. The PSS will be documented and maintained by the supervisor until provided to a SIU detective. No unauthorized card or form will be used for the PSS documentation. All PSS’s by employees are considered compelled. Failing to provide the requested information to a supervisor will be grounds for discipline, to include termination. 1. Did you discharge your firearm? a. If so, in what direction? b. Approximately where were you located when you fired? c. How many shots do you think you fired? 2. Is anyone injured? a. If so, where are they located? 3. Are there any outstanding suspects? a. If so, what is their description? b. What direction and mode of travel? c. How long have they been gone? d. What crime(s) do you believe they committed? e. What type of weapon do they have? 4. Is it possible the suspect fired rounds at you? a. If so, what direction were the rounds fired from? b. How many shots do you think the suspect fired? c. Approximately where was the suspect located when they fired? 5. Do you know if any other officer(s) discharged their firearms? a. If so, who are they? b. Approximately where was the officers(s) located when they fired? 6. Are there any weapons or evidence that needs to be secured/protected? a. If so, where are they located? 7. Are you aware of any witnesses? a. If so, what is their location? Note: The PSS is a series of questions to obtain information to determine an immediate threat to public safety. The PSS must be taken in a timely manner and under a condition which has demonstrated an immediate threat to the public. (An example would be shots fired by an officer or a subject in the direction where the public may be in immediate danger.) The supervisor must take appropriate action based on the information received from the PSS. 3. The Watch Commander will: a. Respond immediately to the scene of the use of deadly force. 4. The Watch Commander or designee will: Page 162 of 215 PASCO POLICE DEPARTMENT FIELD OPERATIONS PROCEDURE MANUAL Page 35 of 35 a. Designate a Command Post; b. Establish the outer perimeter, the staging area, and the media staging area; c. Identify and separate civilian witnesses; d. Identify and separate officer witnesses; e. Assign an Officer Witness Monitor(s) and explain their duties to them, which are: 1. To ensure that involved officers and witness officers do not discuss the incident being investigated with anyone. 2. The monitor shall allow the officer’s attorney and association representative to communicate privately with the officer. 3. The monitor will not talk to the officer about the facts and circumstances of the incident. 4. Remain with the officer until relieved by the supervisor in charge. 5. Watch Commander or designee will: a. Ensure the Major Crime Scene Log has been assigned and is being completed. b. Assist in the early management of the crime scene, the identification and separation of witnesses, and the canvass. D. Media Release 1. Media inquiries shall be referred to the on scene PIO or their designee. 2. The identity of officers involved in deadly force incidents will not be released to the public or media until approved by the Chief of Police. 3. The PIO will construct a formal media release to the general public as soon as possible. 4. Social Media may be used to broadcast details of the incident. ADMINISTRATIVE REVIEW All Use of Force Reports will be completed and coordinated through the officer’s chain of command within 30 calendar days of the event. During the administrative review if a training deficiency is identified remedial training will be scheduled. If an inappropriate use of force is identified the Chief of Police may order an internal investigation. Page 163 of 215 Mission We are dedicated to serving our community with excellent law enforcement services Vision We will ensure Pasco is a safe place to work, live, and visit. We will do this by engaging with our community to strengthen their trust in us. We will maximize technology and best practices to solve crime and make Pasco a safer community. We will create a culture for our employees to maximize their talents and will recognize their value in accomplishing our mission Core Values PASSION We are passionate about policing Pasco with the highest of ethics and integrity while being transparent with our community PRIDE We take pride in our department and the professional service we provide that instills conﬁdence from the community DEDICATED TO SERVICE We serve our diverse community by treating everyone with dignity and respect while honoring our oath with humility and empathy Page 164 of 215 Pasco Police Department Recent Accomplishments Pasco Police Department has worked with its partners and initiated changes to better serve Pasco residents. Many of these changes came about by external review overseen by community partners and with input from the Department of Justice. • Obtained national accreditation from the Commission on Accreditation for Law Enforcement Agencies (CALEA), and state accreditation from the Washington Association of Sheriffs and Police Chiefs (WASPC). Accreditation helps to better professionalize local law enforcement by providing a review process for agencies to be certified as operating under industry best practices and standards. Pasco has met 353 standards required by CALEA's and in addition, met an additional 55 required by WASPC. Pasco Police Department is one of only two agencies in the state of Washington to achieve dual accreditations. • Implementation of a Personnel Early Intervention System. This system logs and tracks employee's involvement in multiple areas to provide an early warning of potential personnel conduct issues. The system tracks; Internal Affairs, External Complaints, Use of Force, Vehicle Accidents, Pursuits, Weapon Discharge, Accidental Discharges, and Document Errors. • Implementing other best-practices from police chiefs around the country by having the Police Executive Research Forum (PERF) conduct a review of the policies and training programs of the department. Review of critical policies include Use of Force, Bias-based complaints and Vehicle Pursuits occur on a yearly basis and are required by CALEA to maintain accredited. • First police department in the Tri Cities area to deploy body worn cameras to all patrol officers and has been using dash cameras on patrol vehicles since 2000. • Adopted additional review criteria that aid in the examination of force and the training of officers in the Use of Force, this includes cataloging detailed records of the Use of Force incident. Each Use of Force report and related video recordings are reviewed by the officer's direct supervisor and a member of the command staff. • Participating in the Latino Civic Alliance's Community Visioning Project to better connect law enforcement and the community. • Partnered with the Pasco Fire Department and local mental health professionals to implement the "Hotspotters" program in order to bring mental health services to residents in immediate need. The Hotspotters program won a "Municipal Excellence Award" from the Association of Washington Cities in 2019. It was a centerpiece program for the Pasco community to be honored as a national "All-America City" finalist in 2019. • Committed to implementing the requirements of Washington State Initiative 940, including having civilian community members as part of an independent team investigating deadly Use of Force incidents. The Pasco Police Department continues to participate in the Regional Page 165 of 215 Special Investigations Unit (SIU) to provide outside and independent investigations for major Use of Force incidents. • All serious Use of Force incidents and statistics are shared directly with the Federal Bureau of Investigations. • Officers are trained in First Aid/CPR, AED and carry tourniquets for trauma victims as well as naloxone for the emergency treatment of suspected opioid overdoses. • Collaboratively worked alongside the ACLU of Washington and concerned local residents, on issues concerning officer training and Use of Force. This resulted in an extensive update of the department's Use of Force Policy and Use of Force Procedure Manual. • Implemented training for demonstrations that ensure the free expression of protected First Amendment Rights. This training has been incorporated in operations briefings, prior to any planned events and clearly outlines an officers' responsibilities while working at these events. Law Enforcement Personnel's Roles and Responsibilities at a First Amendment-Protected Event. • Improved communication of the process for handling police complaints. • Publishing all current police policy documents for public review on the City's website. • Crisis Intervention Team (CIT) training for officers. Officers attend yearly training on crisis intervention techniques from the Washington State Criminal Justice Training Commission. • Underwent recommended training by the U.S. Department of Justice's Office of Community Oriented Policing Services (COPS). • Participated in the DOJ's Community Relations Service process. • First agency in the area to implement a citizen academy, and in 2016, launched a Spanish language academy. • Implementing social media platform (Facebook and Twitter) sites that help improve communication with the community. Pasco Police Departments Facebook page has the largest following of any police agency in the state with over 65,000 followers. • Expand recruitment efforts, focusing on individuals who appreciate serving and reflect diverse communities. The department encourages bi-lingual applicants, has created a bi- lingual civil service recruitment list and offers pay bonuses for officers proficient in Spanish. These efforts have increased the bi-lingual staff by 50% since 2015. • In conjunction with the COPS office to help open lines of communications and problem- solving with community members, Pasco Police Department started "Coffee with a Page 166 of 215 Cop". "Coffee with a Cop" brings police officers and the community members they serve together in a neutral and casual setting to discuss issues and learn more about one another. • These efforts by the community have paid off by helping to reduce Pasco's crime rate by more than 80% since 1990 and cited as one of the safest cities in the state in several different surveys recently. "…when I think about how far the Pasco Police Department has come in just two years, and how dedicated they are to a model of policing that benefits the community and preserves life, then I know these [police] reforms are possible." -Michelle Storms, ACLU of Washington, "Confronting Race and Policing", 2017 Page 167 of 215 AGENDA REPORT FOR: City Council June 10, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 6/22/20 FROM: Steve Worley, Director Public Works SUBJECT: U.S. Bureau of Reclamation Quitclaim Deed - PWRF Property Purchase I. REFERENCE(S): Resolution Real Estate Purchase Agreement Quitclaim Deed II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: $264,000 - paid from the Economic Development Fund IV. HISTORY AND FACTS BRIEF: The U.S. Bureau of Reclamation (USBR) owns a quarter section of land (160 acres) located immediately south of one of the City-owned farm circles (Circle #4). The City’s farm circles are used to provide final treatment and disposal of industrial wastewater from five agricultural processors. The City previously approached the USBR with a desire to purchase this land to increase the PWRF wastewater disposal area. Another property owner adjacent to the USBR land, Middleton Six Sons Farms, LLC, also expressed interest in purchasing the USBR property for additional farming use. In 2013, the City and Middleton Six Sons Farms, LLC entered into an agreement (attached) to share in the purchase of the USBR property. The agreement provides the City will purchase the whole parcel from USBR and then sell the south half to Middleton at the same price per acre. The purchase price established by the USBR is based on an appraisal recently (2019) Page 168 of 215 completed by the Department of Interior's Appraisal and Valuation Services Office. V. DISCUSSION: Discussion Page 169 of 215 Resolution Approving the Quitclaim Deed from the Bureau of Reclamation - 1 RESOLUTION NO. ___________ A RESOLUTION OF THE CITY OF PASCO APPROVING THE QUITCLAIM DEED FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION. WHEREAS, the United States, through the Bureau of Reclamation, Department of the Interior, acquired land through the County Treasurer’s Deed, signed October 1, 1948, and recorded under Franklin County Auditor’s file number 118896, and under Correction County Treasurer’s Deed, signed February 23, 1949, and recorded under Franklin County auditor’s file number 121542, located in Section Fourteen (14), Township Nine (9) North, Range Thirty (30) East, Willamette Meridian, Franklin County, Washington; and WHEREAS, pursuant to the Columbia Basin Project Act, the Project Manager has determined the property is no longer needed for Project purposes; and WHEREAS, it has been determined under authority delegated by the Secretary of the Interior that the City of Pasco is eligible under the provisions of the Columbia Basin Project Act to acquire the land described in the attached Quitclaim Deed; and WHEREAS, the City of Pasco has a need for land to irrigate with wastewater from the Process Water Resource Facility; and WHEREAS, the land described in the Quitclaim Deed possesses important qualities conducive to this purpose; and WHEREAS, the City of Pasco has purchased the land described in the Quitclaim Deed for and in consideration of two hundred sixty-four thousand dollars ($264,000.00); and WHEREAS, the land described in the Quitclaim Deed shall be subject to the terms set forth in the Real Estate Purchase Agreement, a copy of which is attached hereto as Exhibit B, dated September 17, 2013, between the City of Pasco and Middleton Six Sons Farms, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager is authorized to sign and execute the Quitclaim Deed between the United States Department of the Interior Bureau of Reclamation, Columbia Basin Project, Ephrata, Washington, and the City of Pasco, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and to take all necessary steps required to accomplish this transaction. Be It Further Resolved, that this Resolution shall take effect immediately. Page 170 of 215 Resolution Approving the Quitclaim Deed from the Bureau of Reclamation - 2 PASSED by the City Council of the City of Pasco, Washington, this _____ day of Ju ly, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 171 of 215 RETURN TO: Bureau of Reclamation Attn: Julia Sharp (Eph-2417) 32 C Street NW Ephrata, WA 98823 Contact No. 16-07-16-L5643 EFO 18-0028 Parcel No. 113190049 NW¼ Section 14, T.9 N., R.30 E., WM. Franklin County, Washington UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Columbia Basin Project Ephrata, Washington QUITCLAIM DEED THIS QUIT CLAIM DEED made the day of , 2020, pursuant to the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. §391), commonly referred to as The Reclamation Act, and acts amendatory thereof and supplementary thereto, collectively referred to as the Federal Reclamation Laws, and specifically the Columbia Basin Project Act of March 10, 1943 (57 Stat. 14; 16 U.S.C. §835) as amended, between THE UNITED STATES OF AMERICA (Grantor), hereinafter referred to as the United States, acting by and through the Department of the Interior, Bureau of Reclamation, hereinafter referred to as Reclamation, and City of Pasco (Grantee) 525 N. 3rd Avenue 3rd Floor Pasco, WA 99301. WITNESS, THAT: WHEREAS, the United States, through the Bureau of Reclamation, Department of the Interior, acquired land through the County Treasurer’s Deed, signed October 1, 1948, and recorded under Franklin County Auditor’s file number 118896, and under Correction County Treasurer’s Deed, signed February 23, 1949, and recorded under Franklin County auditor’s file number 121542, located in Section Fourteen (14), Township Nine (9) North, Range Thirty (30) East, Willamette Meridian, Franklin County, Washington; WHEREAS, pursuant to the Columbia Basin Project Act, the Project Manager has determined the property is no longer needed for Project purposes; WHEREAS, it has been determined under authority delegated by the Secretary of the Interior that the Grantee is eligible under the provisions of the Columbia Basin Project Act to acquire the land described in this Quitclaim Deed. Page 172 of 215 Page 2 16-07-16-L5643 EFO 18-0028 NOW, THEREFORE, the UNITED STATES OF AMERICA, for and in consideration of two hundred sixty-four thousand dollars ($264,000.00), paid in hand, the receipt of which is hereby acknowledged, the United States of America, acting by and through the Bureau of Reclamation, within the provisions of the Federal Reclamation Laws previously cited, and acts amendatory thereof within the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and delegations thereunder, does hereby remise, release, and forever quitclaim unto City of Pasco, their successors and assigns forever, all of the right, title, and interest in and to the property situated in Franklin County, Washington, to wit: The NW¼ of Section Fourteen (14) Township Nine (9) North, Range Thirty (30) East, Willamette Meridian, Franklin County Washington. Subject to all Easements, Reservations, and Restrictions of Record. Containing 160.0 acres, more or less. As depicted and described on Exhibit A, attached hereto and by this reference made a part hereof. THIS QUITCLAIM IS SUBJECT TO THE FOLLOWING ADDITIONAL CONDITIONS, RESERVATIONS, EXCEPTIONS, AND OTHER OUTSTANDING RIGHTS: 1. The reservation of a right-of-way for ditches and canals constructed or to be constructed by the authority of the United States, this reservation being of the same character and scope as that created with respect to certain public lands by the Act of August 30, 1890 (26 Stat. 391) as amended. 2. Any third-party rights of record including, but not limited to, oil, gas or mineral interests, rights-of-ways or easements for roads, highways, public utilities, railroads, ditches and canals, flumes, pipelines, telephone, telegraph, and power transmission lines, created in favor of the public or public utilities, upon, over, under, and across said property. 3. The rights, if any, that were reserved to the United States, on all or any portion of the said lands in its original patent or other transfer by the United States. NOTICE IS HEREBY GIVEN that: THE INFORMATION CONTAINED IN THIS NOTICE IS REQUIRED UNDER THE AUTHORITY OF REGULATIONS PROMULGATED UNDER SECTION 120(h) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, LIABILITY, AND COMPENSATION ACT (CERCLA OR "SUPERFUND"), 42 U.S.C. SECTION 9620(h). (a) Acting pursuant to the requirements of 40 CFR 373, on June 1, 2017, the United States performed a hazardous waste survey on the subject lands. The land is being quitclaimed to City of Pasco in the same condition as existed on the date of said survey and which is more particularly described in the survey. No remediation by the United States on behalf of City of Pasco has been made or will be made as none is deemed necessary. Page 173 of 215 Page 3 16-07-16-L5643 EFO 18-0028 (b) City of Pasco hereby accepts the premises and appurtenances as is, including but not limited to, accepting responsibility for management, monitoring and any legally required mitigation measures and/or cleanup associated with any existing improvements. (c) CERCLA Environmental Covenants and Stipulations: i. To the extent the United States is determined responsible, the United States warrants that any response action or corrective action found to be necessary after the date of the transfer shall be conducted by the United States. ii. City of Pasco grant the United States access to the property in any case in which a response action or corrective action is found to be necessary by the United States after such date at such property, or such access is necessary to carry out a response action or corrective action on adjoining property. IN WITNESS WHEREOF, the United States of America has executed this deed as of the date first above written. THE UNITED STATES OF AMERICA Department of the Interior By: Marc Maynard, Field Office Manager Bureau of Reclamation 32 C Street NW Ephrata, WA 98823 ACKNOWLEDGEMENTS STATE OF WASHINGTON ) ):ss COUNTY OF GRANT ) On the day of , 2020, Marc Maynard, personally appeared before me, the undersigned Notary, to me known to be the official of The United States of America, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of the United States, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal on the day of , 2020. Notary Public (SEAL) State of Washington Residing at: My Commission expires: Page 174 of 215 Page 4 16-07-16-L5643 EFO 18-0028 Tract# 19157 Contract# 16-07-16-L5643 The NW¼ of Section Fourteen (14) Township Nine (9) North, Range Thirty (30) East, Willamette Meridian, Franklin County Washington. Disposal = 160 acres Page 175 of 215 FILED FOR RECORD AT REQUEST OF: City ofPasco,Washington WHEN RECORDED RETURN TO: City of Pasco 525 North 3"’ Pasco WA 99301 REAL ESTATE PURCHASE AGREEMENT THIS REAL ESTATE PURCHASE AGREEMENT is entered into this I 1’day of September,2013,by and between the City of Pasco,Washington,a Municipal Corporation (hereinafter referred to as “City”),and Middleton Six Sons Farms,LLC,a Washington Limited Liability Company (hereinafter referred to as “Middleton”). WHEREAS,the City and Middleton are potential purchasers competing for the purchase of certain real property owned by the United States Department of Reclamation adjacent to the respectively owned properties in Franklin County,Washington;and WHEREAS,the parties have reached an agreement in regards to the respective ownership and use of that real property known as “BOR Property”legally described as the Northwest Quarterof Section 14,Township 9N,Range 30E,W.M.,and illustrated as “BOR 1/4 Section”on Exhibit A,attached hereto and incorporated herein by this reference. NOW,THEREFORE,in consideration of the mutual covenants contained herein,the parties agree as follows: 1.Cig Purchase of BOR Property.The City shall negotiate with the United States Bureau of Reclamation for the purchase of the BOR Property as generally described above,and as designated in Exhibit A attached hereto,according to the terms offered by the United States Bureau of Reclamation and acceptable to the City. 2.Middleton Forbearance.Middleton shall forebear from bidding against the City,or competing with the City to acquire the BOR Property described above;and shall permit the City to purchase the BOR Property waiving,and withdrawing any previous offers or options to purchase the BOR Property. 3.Sale of the South 80 Acres to Middleton.Within one hundred eighty (180)days (“Closing Date”)of purchase from the United States Bureau of Reclmnation of the above- described real property,the City shall sell to Middleton the south half of the northwest quarter of Section 17,Township 9 North,Range 30 E.W.M.,records of Franklin County,Washington, Middleton Six Farms LLC Real Estate Purchase Agreement —Page 1 Page 176 of 215 consisting of approximately eighty (80)acres,more or less.The exact description of such property shall be determined by survey as provided below.The sale price for the south half shall be equal to the per acre price the City paid to the United States Bureau of Reclamation for the above-described real property as provided in Section 1 above.The sale price shall be paid in cash,at closing. 4.Sale of “Corner”Property to Middleton.The City shall,in addition to that property identi?ed in Section 3 above,sell to Middleton and Middleton shall purchase,the southeast comer of City Circle No.5 (SE 1/4 of Section 12)consisting of approximately ?ve (5) acres.The exact legal description for such parcel shall be determined by survey as provided below.The sale price for the “Comer”property shall be at fair market value as established by an independent appraisal from a quali?ed real estate appraiser selected by the City,within sixty (60) days of the City’s purchase of the property provided in Section 1 above.Any dispute regarding the appraised fair market value of the comer property shall be resolved as provided in Section 11 below.The sale price shall be paid in cash,at closing. 5.Survey and Legal Description.The parties acknowledge that the exact legal descriptions for the parcels as described above are not available as of the execution of this Agreement.The City shall,within thirty (30)days of its purchase of the BOR Property described in Section 1 above,nominate a registered land surveyor to survey the BOR Property establishing the boundaries of that property to be sold to Middleton,and the “Comer”property providing comer pins,legal descriptions and a recordable record survey.The costs for such survey services shall be equally borne between Middleton and the City.If Middleton objects to the surveyor designated by the City,within ten (10)days of its notice,the parties shall immediately meet and confer to determine a mutually agreeable surveyor.However,if such agreement cannot be reached,the dispute shall be resolved pursuant to Section 11 below.The parties authorize the attachment of the true legal description of the parcels above,as determined by the surveyor,to this Agreement. 6.1.The City shall convey by Statutory Warranty Deed that real property identi?ed in Section 3 and Section 4 above free and clear of any claims,liens,or encumbrances except the rights,reservations,covenants,conditions and restrictions presently of record, easements and encroachments of record,or of apparent use.Further,title is not warranted,nor the condition of the premises warranted,as to its present condition,use (authorized or unauthorized),nor environmental conditions.Middleton takes the property as is,subject to the terms and conditions of this Agreement,and with regard to any and all zoning requirements considering its use and occupancy. 7.Contingencies.Midd1eton’s obligations to purchase the property identi?ed in Section 2 and Section 3 above,is subject to the following contingency: A.Purchase by the City of the BOR Property as providedin Section 1 above. Middleton Six Farms LLC Real Estate Purchase Agreement —Page 2 Page 177 of 215 8.Closing.This Agreement shall be closed on or before the date of closing provided in Section 3 above by Benton-Franklin Title Company in Kennewick,Washington. “Closing”means the date on which all documents are recorded and the sale proceeds are available for disbursement to the City.Middleton and the City shall deposit with the closing agent all documents and monies as required to complete this sale in accordance with this Agreement.Both Middleton and the City agree to cooperate with one another to close this sale according to the tenns and conditions as contained herein.Middleton shall be entitled to possession upon closing. 9.Closing Costs.The City shall assume and pay all closing costs incident to the purchase of the BOR Property as provided in Section 1 above.Middleton shall assume and pay all closing costs incident to the purchase of the real property identi?ed in Section 2 and Section 3 above.The City and Middleton shall each pay their own attorney fees and costs incident to the negotiation,preparation of documents,and closing of this transaction. The following costs shall be equally divided between the parties: A.Appraisal costs for the Comer property; B.Survey costs as required by Section 5 above; C.United States Bureau of Reclamation administrative costs and fees incident to and above the per acre costs for the land purchased by the City pursuant to Section l above; D.Cultural survey/report costs incurred by the City incident to the land purchase identi?ed in Section 1 above;and E.Escrow and other closing costs charged by Benton-Franklin Title Company that may be in addition to those incident to the purchase of the real property identi?ed in Section 2 and Section 3 above. 10.Assignment Prohibited.Except for Middleton’s assignment to a related entity or individual,neither party may assign,transfer,or convey any rights under this Agreement without the other party’s prior written consent. 11.Dispute Resolution.For the purpose of this Agreement,time is of the essence. In the event of a dispute regarding the breach,enforcement,or interpretation of this Agreement, including determination of the fair market price as provided in Section 4 above and the selection of a surveyor as provided in Section 5 above,the parties shall first meet in a good faith effort to resolve the dispute.In the event the dispute cannot be resolved by agreement of the parties,said dispute shall be resolved by arbitration pursuant to RCW 7.04A,as amended,with both parties waiving the right of a jury trial upon trial de novo,with venue placed in Pasco,Franklin County, Washington.The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. Middleton Six Farms LLC Real Estate Purchase Agreement —Page 3 Page 178 of 215 12.Superseding Agreement.This Agreement supersedes all prior negotiations, agreements,and communications,written or oral,between the parties with respect to the subject matter of this Agreement. IN WITNESS WHEREOF,the parties warrant their authorization to enter into this Agreement as of its execution on the date indicated above INGTON MIDDLETON SIX SONS FARMS,LLC kuwsntkmn Bill Middleton,Managing Member PA),c /' Approved as to Form: 4,2,3‘./w..._ Leland B.Kerr,City Attorney Michael A.Foehlich,Middleton Attorney Middleton Six Farms LLC Real Estate Purchase Agreement —Page 4 Page 179 of 215 STATE OF WASHINGTON ) zss County of Franklin ) On this day personally appeared before me GARY CRUTCHFIELD,City Manager for the City of Paseo,Washington,described in and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free and Voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and of?cial eal this day of September,2013. \IIlllII I \\\‘“\,.ZU/9"), -,, . ‘$‘°e:\..‘\§.§itip;--,;2:¢<:;I;%Notary Public te of Washington 5’’~15*“"-:,Residing at \;CJ¢L/ My Commission Expires 2 %’ill; STATE OF WASHINGTON ) .ss County of Franklin ) On this day personally appeared before me BILL MIDDLETON,Managing Member of Middleton Six Sons Farms,LLC,described in and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. ‘Vi GIVEN under my hand and of?cial seal is /L —da of September,2013. \\\“\‘I;UNKs’4',::Notary Publici d for e tate f Washington .9 V 49’;..,-:65““PI ‘-,Q Residing at I ‘’My Commission Expires Middleton Six Farms LLC Real Estate Purchase Agreement —Page 5 Page 180 of 215 AGENDA REPORT FOR: City Council June 10, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 6/22/20 FROM: Steve Worley, Director Public Works SUBJECT: Professional Services Agreement with RH2 Engineering, Inc. for the West Pasco Water Treatment Plant (WPWTP) Improvements I. REFERENCE(S): Vicinity Map Professional Services Agreement - RH2 Engineering II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Agreement Total: Not to exceed $646,574.00 2019-2020 Amended Biennial Budget: $2,145,000 (Design/partial Construction) IV. HISTORY AND FACTS BRIEF: The West Pasco Water Treatment Plant (WPWTP) was constructed in 2010. The plant began operating in 2011 with a treatment capacity of 6 million gallons per day (MGD) using a pressure membrane micro-filtration system. Consistent with the adopted Comprehensive Water System Plan, improvements at the plant are necessary to meet future demands through a phased approach to increase water treatment capacity from the current rate of 6MGD, to 12 MGD, and ultimately to 18 MGD. The aforementioned improvements, known as the West Pasco Water Treatment Plant (WPWTP) Improvements Project, are included in the 2020-2025 Capital Improvement Plan (CIP) and the adopted 2019-2020 Biennial Budget. V. DISCUSSION: In February 2020, the City issued a Request for Qualifications from consulting Page 181 of 215 engineering firms for the design of the improvements at the West Pasco Water Treatment Plant. In March 2020, Statements of Qualifications were received from four firms, three of which were subsequently interviewed. The selection committee found RH2 Engineering, Inc. to be the most qualified consultant and negotiated the scope and fee for the design of the West Pasco Water Treatment Plant (WPWTP) Improvements. As proposed, the future capacity improvements at the plant will include: • The addition of a second pressure membrane micro-filtration module • Expand and upgrade the existing backwash ponds • Installation of high service pumps at the treatment plant • Additional pumps at the intake facility • Other associated upgrades to the plant’s ancillary systems The proposed professional services agreement for engineering design of the West Pasco Water Treatment Plant (WPWTP) Improvements Project will provide for the necessary expansion and upgrades to increase water treatment capacity at the West Pasco Water Treatment Plant to 12 MGD. The adopted 2020-2025 CIP reflects an estimated construction cost of $4.62 million. Further evaluation and refinement of these estimated costs will be part of the preliminary design and alternatives selection process. Attached is the negotiated Professional Services Agreement (PSA). Staff has reviewed the final agreement for completeness, and determined it to be sufficient in scope to complete the necessary improvements and the City Attorney’s office has approved as to form. Page 182 of 215 WEST PASCO WATER TREATMENT PLANT (WPWTP) IMPROVEMENTS VICINITY MAP Page 183 of 215 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 20-021 16008 – West Pasco Water Treatment Plant Improvements Page 1 of 9 PROFESSIONAL SERVICES AGREEMENT 16008 – West Pasco Water Treatment Plant Improvements Agreement No. 20-021 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as “City”, and RH2 Engineering, Inc., hereinafter referred to as “Consultant,” on the _______ day of _________________, 2020. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant’s Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in [Exhibit A], attached hereto and incorporated herein (the “Project”). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by 12/31/2021. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is Page 184 of 215 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 20-021 16008 – West Pasco Water Treatment Plant Improvements Page 2 of 9 issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ☒ Hourly (Multiple Rate): Such rates as identified on Exhibit B, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $646,574.00 without the prior written authorization by the City. Consultant 2020 Schedule of Rates and Charges are identified within Exhibit C. 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant’s activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant’s activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the Page 185 of 215 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 20-021 16008 – West Pasco Water Treatment Plant Improvements Page 3 of 9 City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as “work product,” shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as “confidential,” “proprietary,” or a “trade secret” shall be conspicuously designated as such. 5.2 In the event of Consultant’s default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW “Public Records Act.” All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. Page 186 of 215 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 20-021 16008 – West Pasco Water Treatment Plant Improvements Page 4 of 9 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the Cit y’s general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City’s sole discretion, may be detrimental to the City’s interest. 8. Indemnification. 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. . Page 187 of 215 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 20-021 16008 – West Pasco Water Treatment Plant Improvements Page 5 of 9 8.2 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, officials, employees, and volunteers, the Consultant’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant’s delayed or failed performance of Section 6 above. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. The Consultant’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant’s profession. Page 188 of 215 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 20-021 16008 – West Pasco Water Treatment Plant Improvements Page 6 of 9 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: ☒ $2,000,000 each occurrence; and ☒ $2,000,000 general aggregate; 9.2.3 Professional Liability insurance shall be written with limits no less than: ☒ $2,000,000 per claim; and ☒ $2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Consultant’s Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 9.3.1 The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. 9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. Page 189 of 215 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 20-021 16008 – West Pasco Water Treatment Plant Improvements Page 7 of 9 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. Page 190 of 215 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 20-021 16008 – West Pasco Water Treatment Plant Improvements Page 8 of 9 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Steve M. Worley, P.E, or his/her designee Public Works Director 525 North 3rd PO Box 293 Pasco WA 99301 WorleyS@pasco-wa.gov (e-mail address) 14.3.2 For the Consultant: Paul Cross, PE, or his/her designee Project Manager 114 Columbia Point Dr., Suite C Richland, WA pcross@rh2.com (e-mail address) 15. Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party Page 191 of 215 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 20-021 16008 – West Pasco Water Treatment Plant Improvements Page 9 of 9 hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON CONSULTANT Dave Zabell, City Manager Paul Cross, PE – Project Manager ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney Page 192 of 215 1 6/16/2020 2:11:43 PMZ:\NEWBUSINESS\PROPOSAL\PSC\20200319_PSC_M200041_WEST PASCO WTP EXPANSION\CONTRACT PREP\WPWTP EXPANSION DESIGN SOW - (CITY EDITS 6- 16).DOCX Scope of Work City of Pasco West Pasco Water Treatment Plant Expansion Design and Permitting June 2020 Background The City of Pasco (City) is growing rapidly, and its potable water demands are increasing with population growth and local industries. The City has two water treatment plants on opposite ends of its distribution system. While these plants can accommodate current and short-term peak demands together, individual plant capacity must increase to meet the City’s 20-year planning projection. The West Pasco Water Treatment Plant (WPWTP) was designed to accommodate equipment expansion within the facility, and this is a cost-effective way for the City to handle growth. Raw water is pumped to the West Pasco Water Treatment Plant from the Columbia River intake. The raw water intake is sized to handle current and future expansion; however, the pump station is only equipped with pumps for 6 million gallons per day (MGD) supply currently. At the WPWTP, the raw water is pre-chlorinated and fed a coagulant prior to passing through two pre-filtration strainers. The pre-treated water is then filtered using two parallel membrane module systems, each with a capacity of 3 MGD, for a total capacity of 6 MGD currently. Filtered water is chlorinated again and sent to a clear well to meet chlorine contact time (CT) requirements and provide storage ahead of the high service pump station to the distribution system. Filter backwash is sent to two sloped decant ponds that have difficulties handling all the process water. Currently, settled backwash water and all other waste streams are sent to the City’s wastewater treatment facility for handling. The City plans to expand plant capacity in increments , first to 12 MGD, and then eventually to 18 MGD. The existing treatment plant facility has a large footprint and open floor pl an to accommodate additional equipment. However, careful consideration should be given to evaluate the existing equipment and proposed retrofit modifications to reduce plant downtime and align the improvements with the City’s other projects and overall bud get. The City proceeded with a consultant selection process to design and implement modifications to the WPWTP. RH2 Engineering, Inc., (RH2) was selected to provide the professional engineering services to complete the preliminary and final design for the proposed improvements. This Scope of Work presents the design and permitting tasks for this project as follows: •Task 1 – Preliminary Design •Task 2 – Final Design •Task 3 – Permitting •Task 4 – Project Administration and Management EXHIBIT A Page 193 of 215 City of Pasco West Pasco Water Treatment Plant Expansion Design and Permitting Scope of Work 2 6/16/2020 2:11:43 PMZ:\NEWBUSINESS\PROPOSAL\PSC\20200319_PSC_M200041_WEST PASCO WTP EXPANSION\CONTRACT PREP\WPWTP EXPANSION DESIGN SOW - (CITY EDITS 6- 16).DOCX A scope of work and fee estimate for the following tasks will be developed once design has been completed. •Task 5 – Services During Bidding •Task 6 – Services During Construction •Task 7 – SCADA Software Development Approach Task 1 – Preliminary Design Objective: Prepare a technical memorandum summarizing the WPWTP improvements, design criteria, and initial equipment selections. Prepare a project report for Washington State Department of Health (DOH) submittal based on applicable Washington Administrative Code (WAC) requirements for the WPWTP improvements. Approach: Perform a Limited Condition Assessment: Perform a technical site visit. Document known deficiencies. Investigate electrical, structural, process, mechanical, heating, ventilation, and air conditioning (HVAC) equipment, and supervisory control and data acquisition (SCADA) instrumentation. Review and summarize existing WPWTP process data provided by the City. Coordinate with the membrane system manufacturer to visit the site and asse ss the status of the existing membrane systems and determine requirements for the expansion. Perform Hydraulic Analyses and Pump Selection: Develop system head curves and perform preliminary Zone 3 High Service Booster Pump Station (BPS) pump sizing and selection for two Zone 3 pumping alternatives: 1) two pump configuration; or 2) three pump configuration. Each pumping alternative will be reviewed with up to three (3) Zone 3 transmission main and storage alternatives. An evaluation of a detached, standalone BPS also will be considered. Review original mechanical design intent for the intake facility, create projected system head curve(s) for the raw water supply facility, and identify new pumping equipment improvements necessary for the proposed WPWTP expansion. Perform Mechanical and Process Analyses: Review mechanical systems and develop a list of improvements, including but not limited to, raw-water-to-waste, membrane expansion, mechanical strainers, filter backwash systems, chemical storage and feed capacity, access, and piping, filter-to-waste piping addition, HVAC upgrades, structural appurtenances for moving equipment (i.e. gantry, bridge cranes) and improving access, noise mitigation appurtenances, valve and actuator replacements, permanent waste and drain piping improvements, and chlorine contact time tank improvements. Coordinate with and obtain preliminary proposal from membrane filter skid manufacturer regarding expansion and integration into the existing filter system and support systems such as blowers and Clean-in-place (CIP). Review existing High Service BPS pump suction and discharge piping alternatives and identify improvements to reduce cavitation and comply with Hydraulic Institute standards, including consideration for a Page 194 of 215 City of Pasco West Pasco Water Treatment Plant Expansion Design and Permitting Scope of Work 3 6/16/2020 2:11:43 PMZ:\NEWBUSINESS\PROPOSAL\PSC\20200319_PSC_M200041_WEST PASCO WTP EXPANSION\CONTRACT PREP\WPWTP EXPANSION DESIGN SOW - (CITY EDITS 6- 16).DOCX standalone BPS. Develop costs for the mechanical system improvements along with a short narrative regarding the benefit they will provide, such as increased safety, reduced maintenance, automation, etc. Perform Residuals Handling Analyses: Review existing filter backwash process and quantities discharged, estimate increased quantities based on expansion and modifications, and develop residuals handling alternatives. Identify and detail mechanical processes for separating the backwash water flow continuously at a high rate separation process into a clarified liquid stream and a concentrated waste stream, such as plate settling or dissolved air flotation . This may include modifying the existing settling basins to serve as equalization basins to lower the continuous process flow rate. Pre-treatment process alternatives such as turbidity reduction, chlorine residual removal, and coagulation addition will be considered. The clarified water waste stream disposal options to be evaluated include: 1) send to irrigation; 2) recycle to WPWTP raw water; 3) treat to drinking water standards; 4) discharge to the river; and 5) any combination of these. Additional clarified water post-treatment processes will be evaluated based on the estimated water quality and preferred clarified water discharge location. Residual solids processing and disposal will be reviewed. Determine the equipment units and process methods required for each process alternative and develop a weighted decision matrix to provide a recommendation. Perform Electrical and Control System Analyses: Review as-built drawings and information collected from the technical site visit in subtask 1.1 to develop electrical load calculations for the WPWTP and Intake Pump Station. Determine the electrical distribution system modification requirements required to integrate the proposed mechanical and process equipment into the existing electrical distribution system. Perform generator sizing calculations to determine the appropriately sized generator for providing standby power at both the WPWTP and Intake Pump Station. Identify alternatives for supplying backup power to the proposed equipment. Alternatives at the WPWTP shall include reuse of the existing standby generator while load shedding to only operate critical equipment and systems, adding a second standby generator operating in parallel with the existing generator, and replacing the existing generator in its entirety with a larger generator. Alternatives at the Intake Pump Station shall include supplying standby power to the new pumps from the WPWTP standby generator either through medium voltage or low voltage distribution. The alternatives analysis shall include a review of the existing fuel storage system and whether additional fuel storage will be required. The use of a load bank also shall be evaluated to prevent wet stacking. Additionally, the automatic transfer switch shall be evaluated to determine if replacement is required. Evaluate the existing control system hardware and software to identify the necessary improvements to the control system to operate the WPWTP after the proposed improvements are constructed and to replace obsolete components needing replacement. Prepare a phasing strategy for performing both the electrical and control system improvements with as little downtime as possible. Prepare Technical Memorandum: Prepare a technical memorandum describing the proposed WPWTP improvements, design criteria, and initial equipment selections. Perform internal Page 195 of 215 City of Pasco West Pasco Water Treatment Plant Expansion Design and Permitting Scope of Work 4 6/16/2020 2:11:43 PMZ:\NEWBUSINESS\PROPOSAL\PSC\20200319_PSC_M200041_WEST PASCO WTP EXPANSION\CONTRACT PREP\WPWTP EXPANSION DESIGN SOW - (CITY EDITS 6- 16).DOCX quality assurance and quality control (QA/QC) review and submit the technical memorandum to the City for review and comment. Prepare meeting agenda and attend one (1) meeting with the City to review and discuss the City’s comments on the technical memorandum and WPWTP improvements. Prepare meeting minutes. Coordinate with DOH and Prepare Draft Project Report: Coordinate with DOH regarding its expectations for documenting the proposed WPWTP expansion and implementing the improvements. Prepare a draft Project Report describing the proposed WPWTP improvements, related design considerations, and construction phasing implementation. The project report will document the project background and objectives, hydraulic analyses, mechanical retrofit improvements, residuals handling processes, chlorine contact time considerations, electrical power improvements, and telemetry and SCADA upgrades. Perform internal QA/QC review and submit the Project Report to the City for review and comment. Prepare meeting agenda and attend one (1) meeting with the City to review and discuss DOH’s initial feedback, the City’s comments on the draft Project Report, and WPWTP improvements. Prepare meeting minutes. Assumptions: •The City will provide access to the hard copy data, plans, manuals, etc. required for this project. RH2 will collect the information and make appropriate copies as needed and return them to the City. •RH2 possesses the City’s current hydraulic water system model which is up to date with all system improvements and has been calibrated to industry standard. RH2 will perform hydraulic modeling of steady-state conditions only for pump sizing and selection; surge or transient analyses will be performed by the City separately from this contract. •RH2 will rely on the accuracy and completeness of information, data, and materials generated or provided by the City or others in relation to this Scope of Work. •All deliverables will be provided in electronic (PDF) format unless otherwise noted. Hard copies of plans, where provided, will be in half-size (11-inch by 17-inch) format, unless otherwise noted. Provided by City: •Access to WPWTP during site visit. •The latest twelve (12) months of existing WPWTP process data. •Identification of Zone 3 transmission main and storage alternatives for consideration with proposed Zone 3 High Service BPS pumping needs. •Attendance at technical memorandum review meeting. •Written review comments on technical memorandum. •Attendance at draft Project Report review meeting. Page 196 of 215 City of Pasco West Pasco Water Treatment Plant Expansion Design and Permitting Scope of Work 5 6/16/2020 2:11:43 PMZ:\NEWBUSINESS\PROPOSAL\PSC\20200319_PSC_M200041_WEST PASCO WTP EXPANSION\CONTRACT PREP\WPWTP EXPANSION DESIGN SOW - (CITY EDITS 6- 16).DOCX •Written review comments on draft Project Report. RH2 Deliverables: •Site visit to review existing infrastructure. •Technical memorandum. •Attendance at technical memorandum meeting. •Technical memorandum meeting agenda and minutes. •Draft Project Report. •Attendance at draft Project Report meeting. •Project report meeting agenda and minutes. Task 2 – Final Design Objective: Prepare plan and specification documents required for a complete set of bid documents. Provide conceptual plans to the City at the 30 -percent milestone for review and feedback. Provide plans, specifications, and cost estimate at the 60-percent milestone for review and feedback. Provide plans, specifications, and cost estimate at the 90-percent milestone for review and feedback. Finalize documents for bidding. Approach: Prepare General Plans: Prepare the cover sheet, general information drawings, and phasing plan drawing(s). Prepare Site/Civil Design and Perform Geotechnical Investigation: Prepare site/civil plan drawings showing existing site and facility layouts, temporary erosion control and construction measures and layouts, site grading improvements, proposed facility layouts, surface improvements, and utility improvements. Investigate geological site conditions for design and construction of the proposed facilities. This will consist of up to four (4) exploratory test pits – two (2) at the residuals handling process location and potentially two (2) at the high service pump station location. Coordinate with City staff to provide backhoe and operator. Attend excavation and backfill of excavated soil and collect representative samples for evaluation of soil characteristics and analysis by a geotechnical laboratory. Prepare an Engineering Geology and Geotechnical Report summarizing the findings of the existing data review and field investigations and provide recommendations for the proposed structures and utilities design. Prepare Mechanical Design: Prepare process and mechanical drawings showing demolition of existing piping and equipment and proposed pipe routing and equipment installation. Size piping and size and select equipment and pumps, including design of a standalone BPS if identified as viable in Task 1. Prepare minor mechanical design. Prepare HVAC design. Design a chlorine contact time tracer study protocol to be performed by the contractor to determine baffling factors when operating at 6 MGD, 12 MGD, and 18 MGD (projected). Page 197 of 215 City of Pasco West Pasco Water Treatment Plant Expansion Design and Permitting Scope of Work 6 6/16/2020 2:11:43 PMZ:\NEWBUSINESS\PROPOSAL\PSC\20200319_PSC_M200041_WEST PASCO WTP EXPANSION\CONTRACT PREP\WPWTP EXPANSION DESIGN SOW - (CITY EDITS 6- 16).DOCX Prepare Structural Design: Prepare structural design and details for the existing backwash settling basin modifications, the proposed backwash residuals handling processes, and ancillary supports and structures. Perform site visit to observe the condition of the existing structure s and design structural retrofits. Prepare Electrical and Telemetry Design: Prepare electrical, instrumentation, and control design, including electrical distribution design, standby generator design, process and instrumentation control, and telemetry systems to interface with the City’s existing system. Prepare Construction Phasing Plan: Prepare a phasing plan for the construction of the planned system improvements to maintain operation of the WPWTP throughout construction. Identify periods when construction can occur, when unit processes of the WPWTP would need to be shut down, and how the treatment plant can maintain operation during construction. Submit 30-Percent Conceptual Design Documents to City: Submit the 30-percent design plans to the City. Prepare meeting agenda and attend one (1) meeting with the City to discuss 30-percent review comments. Prepare meeting minutes. Prepare Specifications: Develop non-technical (front-end) and technical specifications. Provide the advertisement to bidders, instructions to bidders, general conditions, construction contract, insurance provisions, and other typical forms used for the bidding and engagement of public works contracts. Prepare Division 1 (general) through Division 18 (measurement and payment) of the technical specifications. It is assumed that the front-end documents will be based on the City-provided bid forms and contract documents and modified by RH2. It is assumed that RH2 will use its modified Construction Specification Institute (CSI) specifications for the technical portion of the specifications. Prepare Engineer’s Opinion of Probable Construction Cost: Prepare engineer’s opinion of probable construction cost (OPCC) based on 60- and 90-percent design documents. Submit 60-Percent Design Documents to City: Submit the 60-percent design plans, specifications, and OPCC to the City. Prepare meeting agenda and attend one (1) meeting with the City to discuss 60-percent review comments. Prepare meeting minutes. Submit 90-Percent Design Documents to City: Submit the 90-percent design plans, specifications, and OPCC to the City. Prepare meeting agenda and attend one (1) meeting with the City to discuss 90-percent review comments. Prepare meeting minutes. Perform Internal QA/QC: Perform internal QA/QC review of the 90-percent design plans and specifications. Prepare Bid-Ready Design Documents: Incorporate final comments and permitting conditions into the plans and specifications. Prepare bid-ready plans and specifications and final OPCC. Page 198 of 215 City of Pasco West Pasco Water Treatment Plant Expansion Design and Permitting Scope of Work 7 6/16/2020 2:11:43 PMZ:\NEWBUSINESS\PROPOSAL\PSC\20200319_PSC_M200041_WEST PASCO WTP EXPANSION\CONTRACT PREP\WPWTP EXPANSION DESIGN SOW - (CITY EDITS 6- 16).DOCX Assumptions: •Intake Pump Station – Design assumes additional pumps will be added with minimal mechanical improvements and no structural or site/civil improvements needed. •WPTWP Mechanical Improvements – Design assumes PALL skids, additional strainers and access, minor chemical systems access and piping improvements, filter to waste piping, minor HVAC systems upgrades, minor noise control modifications (i.e. not including a new internal room around the High Service BPS), and additional High Service pumps in a detached, standalone BPS building. •Backwash Handling – Design includes minor modifications to the existing basins, addition of one (1) high rate mechanical process for better clarification of the backwash water, and the design of improvements for discharge to raw water system. Direct treatment to drinking water standards or additional river outfall design associated with residuals handling is not included with this Task. The preliminary design will evaluate these other options as well, but for purposes of budgeting for design this option was selected. •CT – It is assumed that the existing chlorine contact time tank with baffles can accommodate the plant expansion to 18 MGD. •Backup Power Supply – For the purposes of project scoping, it is assumed that standby generators will be required at both the WPWTP and the Intake Pump Station. Provided by City: •City bid forms and contract documents in MS Word format. •Attendance at the 30-, 60-, and 90-percent design review meetings. •Written review comments on the 30-, 60-, and 90-percent design documents. •Input regarding WPWTP shutdowns and construction phasing. RH2 Deliverables: •Engineering Geology and Geotechnical Report. •30-percent design plans. •60-percent design plans, specifications, and OPCC estimate. •90-percent design plans, specifications, and OPCC estimate. •Attendance at 30-, 60-, and 90-percent design review meetings. •30-, 60-, and 90-percent design review meeting agenda and minutes. •Bid-ready plans, specifications, and OPCC estimate. Page 199 of 215 City of Pasco West Pasco Water Treatment Plant Expansion Design and Permitting Scope of Work 8 6/16/2020 2:11:43 PMZ:\NEWBUSINESS\PROPOSAL\PSC\20200319_PSC_M200041_WEST PASCO WTP EXPANSION\CONTRACT PREP\WPWTP EXPANSION DESIGN SOW - (CITY EDITS 6- 16).DOCX Task 3 – Permitting Objective: Assist the City in obtaining permits to address environmental, site, building code, and DOH requirements. The following information represents RH2’s current understanding regarding the type and level of effort that will be required to permit this project for construction. The following permitting requirements are expected: •DOH Project Report. •DOH Construction Documents Review. •City of Pasco State Environmental Policy Act (SEPA) Compliance. •City of Pasco Shoreline Substantial Development Permit (SSDP). •City of Pasco Site Development Permit. •City of Pasco Building Permit. Permitting and agency coordination is subjective and determining level of effort at this early stage is difficult. Due to the difficulty in predicting RH2’s level of effort coordinating with agencies in this Task, additional authorization may be needed if RH2’s involvement exceeds the hours currently allocated in Exhibit B, Fee Estimate. Approach: Submit Project Report to DOH: Prepare application and submit the final Project Report to DOH. Compose a letter responding to review comments from DOH, if necessary. Submit Construction Documents to DOH: Prepare application and submit the finalized construction documents to DOH. Compose a letter responding to review comments from DOH, if necessary. Prepare SEPA and SSDP Submittal: Coordinate with Planning staff regarding SEPA and SSDP requirements, submittal, etc. Attend a Pre-Application Meeting with City Planning and project staff to discuss the project, if needed. Prepare a draft SEPA Checklist and SSDP application for City staff review. Finalize the SEPA Checklist and SSDP application based on City staff comments, and provide to the City Planning staff for review, publication, and decision components. Prepare City Site Development Submittal: Prepare the application for the Site Development Permit submittal based on the 90-percent design stage. Prepare City Building Permit Submittal: Prepare the application for the Building Permit submittal based on the 90-percent design stage. Develop energy code calculations. Prepare and submit the structural calculations performed in the previous tasks for Building Permit submittal. Provide Other Permitting Coordination with the City: Provide up to twenty (20) hours of support time to the City during preparation of other required permits. Provide up to four (4) sets of design documents to the City for permitting applications. Page 200 of 215 City of Pasco West Pasco Water Treatment Plant Expansion Design and Permitting Scope of Work 9 6/16/2020 2:11:43 PMZ:\NEWBUSINESS\PROPOSAL\PSC\20200319_PSC_M200041_WEST PASCO WTP EXPANSION\CONTRACT PREP\WPWTP EXPANSION DESIGN SOW - (CITY EDITS 6- 16).DOCX Assumptions: •It is assumed that there will be only one (1) round of review comments from DOH for each submittal. •Acceptance of permit submittals is beyond the control of RH2 and the City, and no date is warranted or implied for DOH response or acceptance. •It is assumed no Washington State Department of Ecology permitting or National Pollutant Discharge Elimination System (NPDES) permit are necessary. •Impacts to critical areas will be avoided. As such, this Scope of Work does not include development of mitigation plans. Should it be necessary, mitigation measures will be included in a mutually agreed upon amendment to this Scope of Work. •No federal permitting, federal biological assessments or evaluations, or U.S. Army Corps of Engineers permitting, or jurisdiction coordination will be involved. •No tribal coordination or facilitation will be needed or conducted. •The City will pay all permit fees and obtain any needed right-of-way permits. Provided by City: •Payment of all permit application fees. RH2 Deliverables: •Two (2) hard copies and one (1) electronic copy of the final Project Report for DOH submittal. •Two (2) hard copies and one (1) electronic copy of the final construction documents for DOH submittal. •Letter response to DOH comments, if needed. •Applications for DOH Project Report and construction document review submittals. •Preparation of application for and attendance at a Pre-Application Meeting with City Planning staff, if needed. •Four (4) hard copies, one (1) PDF, and one (1) Word file of SEPA and SSDP documentation, including duplicates for the City. •Four (4) hard copies, one (1) PDF, and one (1) Word file of Site Development Permit submittal packages, including duplicates for the City. •Four (4) hard copies, one (1) PDF, and one (1) Word file of Building Permit submittal packages, including duplicates for the City. Page 201 of 215 City of Pasco West Pasco Water Treatment Plant Expansion Design and Permitting Scope of Work 10 6/16/2020 2:11:43 PMZ:\NEWBUSINESS\PROPOSAL\PSC\20200319_PSC_M200041_WEST PASCO WTP EXPANSION\CONTRACT PREP\WPWTP EXPANSION DESIGN SOW - (CITY EDITS 6- 16).DOCX Task 4 – Project Administration and Management Objective: Administer, manage, and monitor the RH2 project team, resources, communications, scope progress, budget, files, and records. Approach: Review and monitor project progress/schedule, scope, and budget. Manage the RH2 project team and resources. Provide monthly invoices with progress report documenting work performed and budget status. Communicate with the City regarding project progress, invoicing, and schedule. Maintain project files and records in electronic format. RH2 Deliverables: •Schedule, scope, and budget administration and management. •Project team and resource management. •Monthly invoices with progress reporting. •Communication with City. Page 202 of 215 Fee Estimate City of Pasco West Pasco Water Treatment Plant Expansion Design and Permitting Jun-20 Description Total Hours Total Labor Total Subconsultant Total Expense Total Cost Classification Task 1 Preliminary Design 797 141,601$ -$ 6,914$ 148,515$ 1.1 Perform a Limited Condition Assessment 109 21,129$ -$ 1,131$ 22,260$ 1.2 Perform Hydraulic Analyses and Pump Selection 74 12,086$ -$ 302$ 12,388$ 1.3 Perform Mechanical and Process Analyses 145 24,671$ -$ 3,202$ 27,873$ 1.4 Perform Residuals Handling Analyses 168 28,198$ -$ 733$ 28,931$ 1.5 Perform Electrical and Control System Analyses 141 27,655$ -$ 751$ 28,406$ 1.6 Prepare Technical Memorandum 106 18,630$ -$ 515$ 19,145$ 1.7 Coordinate with DOH and Prepare Draft Project Report 54 9,232$ -$ 280$ 9,512$ Task 2 Final Design 2177 375,229$ 13,800$ 51,446$ 440,475$ 2.1 Prepare General Plans 45 6,771$ -$ 1,497$ 8,268$ 2.2 Prepare Site/Civil Design and Perform Geotechnical Investigation 245 41,723$ 13,800$ 5,868$ 61,391$ 2.3 Prepare Mechanical Design 773 124,879$ -$ 19,620$ 144,499$ 2.4 Prepare Structural Design 219 36,785$ -$ 5,480$ 42,265$ 2.5 Prepare Electrical and Telemetry Design 408 76,824$ -$ 7,084$ 83,908$ 2.6 Prepare Construction Phasing Plan 88 15,232$ -$ 2,015$ 17,247$ 2.7 Submit 30-Percent Conceptual Design Documents to City 20 3,744$ -$ 1,114$ 4,858$ 2.8 Prepare Specifications 154 27,738$ -$ 2,571$ 30,309$ 2.9 Prepare Engineer's Opinion of Probable Construction Cost 67 11,689$ -$ 1,342$ 13,031$ 2.10 Submit 60-Percent Design Documents to City 24 4,668$ -$ 1,137$ 5,805$ 2.11 Submit 90-Percent Design Documents to City 24 4,668$ -$ 1,137$ 5,805$ 2.12 Perform Internal QA/QC 60 12,608$ -$ 760$ 13,368$ 2.13 Prepare Bid-Ready Design Documents 50 7,900$ -$ 1,823$ 9,723$ Task 3 Permitting 159 27,249$ -$ 3,328$ 30,577$ 3.1 Submit Project Report to DOH 22 3,850$ -$ 517$ 4,367$ 3.2 Submit Construction Documents to DOH 21 3,615$ -$ 818$ 4,433$ 3.3 Prepare SEPA and SSDP Submittal 46 7,702$ -$ 1,126$ 8,828$ 3.4 Prepare City Site Development Submittal 24 4,138$ -$ 386$ 4,524$ 3.5 Prepare City Building Permit Submittal 26 4,414$ -$ 393$ 4,807$ 3.6 Provide Other Permitting Coordination with the City 20 3,530$ -$ 88$ 3,618$ Task 4 Project Administration and Management 119 26,163$ -$ 844$ 27,007$ 4.1 Review and Monitor Schedule, Scope, and Budget 26 5,821$ -$ 184$ 6,005$ 4.2 Manage RH2 Project Team and Resources 38 8,545$ -$ 252$ 8,797$ 4.3 Provide Monthly Invoices 14 3,097$ -$ 115$ 3,212$ 4.4 Communicate with City 26 5,821$ -$ 184$ 6,005$ 4.5 Maintain Project Files and Records 15 2,879$ -$ 110$ 2,989$ PROJECT TOTAL 3252 570,242$ 13,800$ 62,532$ 646,574$ Z:\NewBusiness\Proposal\PSC\20200319_PSC_M200041_West Pasco WTP Expansion\Contract Prep\WPWTP Expansion Design FEE.xlsx 5/21/2020 5:22 PM EXHIBIT B Page 203 of 215 RATE LIST RATE UNIT Professional I $144 $/hr Professional II $157 $/hr Professional III $171 $/hr Professional IV $184 $/hr Professional V $196 $/hr Professional VI $212 $/hr Professional VII $227 $/hr Professional VIII $235 $/hr Professional IX $235 $/hr Control Specialist I $130 $/hr Control Specialist II $141 $/hr Control Specialist III $155 $/hr Control Specialist IV $168 $/hr Control Specialist V $178 $/hr Control Specialist VI $191 $/hr Control Specialist VII $206 $/hr Control Specialist VIII $214 $/hr Technician I $106 $/hr Technician II $118 $/hr Technician III $135 $/hr Technician IV $145 $/hr Technician V $157 $/hr Technician VI $172 $/hr Technician VII $187 $/hr Technician VIII $196 $/hr Administrative I $72 $/hr Administrative II $83 $/hr Administrative III $98 $/hr Administrative IV $118 $/hr Administrative V $138 $/hr CAD/GIS System $27.50 $/hr CAD Plots - Half Size $2.50 price per plot CAD Plots - Full Size $10.00 price per plot CAD Plots - Large $25.00 price per plot Copies (bw) 8.5" X 11"$0.09 price per copy Copies (bw) 8.5" X 14"$0.14 price per copy Copies (bw) 11" X 17"$0.20 price per copy Copies (color) 8.5" X 11"$0.90 price per copy Copies (color) 8.5" X 14"$1.20 price per copy Copies (color) 11" X 17"$2.00 price per copy Technology Charge 2.50%% of Direct Labor Mileage $0.575 price per mile (or Current IRS Rate) Subconsultants 15%Cost + Outside Services at cost RH2 ENGINEERING, INC. 2020 SCHEDULE OF RATES AND CHARGES Rates listed are adjusted annually. EXHIBIT C Page 204 of 215 AGENDA REPORT FOR: City Council June 16, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 6/22/20 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: Amendment to BCES Interlocal Agreement I. REFERENCE(S): Draft Resolution Exhibit A: Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Benton County has experienced performance issues with radio communications in the Benton City area since the radio towers on Rattlesnake Mountain were relocated. V. DISCUSSION: This amended agreement commits funds from Benton County to develop a radio tower site radio megahertz 800 improve to Red on road access and Mountain communications for the Benton County Sheriff’s Department. All costs for this improvement are the responsibility of Benton County and no other agency will be responsible for the construction cost. It is anticipated that future operating costs will be prorated currently is as system megahertz utilizing the agencies all to 800 accomplished through a per radio annual charge. The City’s approval of the proposed improvement is necessary per the conditions of the BCES Inter-local agreement. Page 205 of 215 Resolution – Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO AUTHORIZING AMENDMENT NO. 1 TO THE 2018 SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR BENTON COUNTY EMERGENCY SERVICES FOR FUNDING AN ADDITIONAL COMMUNICATION SITE. WHEREAS, for the past several years, BCES has been studying ways to improve coverage of the 800MHz system. From such studies, Benton County has determined to add one (1) communication site to be located on Red Mountain that will be integrated into BCES’s existing simulcast system, and includes the necessary hardware, software, and services to upgrade the Golgotha ASTRO 25 Repeater site; and WHEREAS, Benton County will reimburse up to $3,000,000 for costs incurred by BCES, by and through its Administrative Jurisdiction, to render the identified communication site initially operable; and WHEREAS, Benton County will expend additional funds associated with the cost of a County-owned access road to the communication site terminating on a parcel agreed to by Benton County. Costs to be borne directly by Benton County for the road include right-of-way acquisition, design, construction, and future maintenance costs; and WHEREAS, Benton County will directly bear the costs associated with acquisition, design, construction and maintenance of the County-owned access road, Benton County will not provide reimbursement for any access road-related costs otherwise incurred by BCES by and through its Administrative Jurisdiction; and WHEREAS, as the sole owner of the proposed communication site, Benton County agrees to pay project overrun costs in excess of $3,000,000; and WHEREAS, the Parties enter into this Amendment No. 1 to set forth the financing and ownership terms with respect to the proposed additional communication site on Red Mountain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager is authorized to sign and execute Amendment No. 1 to the 2018 Second Amended and Restated Interlocal Agreement for Benton County Emergency Services, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and to take all necessary steps required to accomplish this transaction. Be It Further Resolved that this Resolution shall take effect immediately. Page 206 of 215 Resolution – Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal - 2 PASSED by the City Council of the City of Pasco, Washington this 6th day of July, 2020. _____________________________ Sal Martinez, Mayor Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 207 of 215 Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal Page 1 AMENDMENT NO. 1 TO THE 2018 SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR BENTON COUNTY EMERGENCY SERVICES FOR FUNDING AN ADDITIONAL COMMUNICATION SITE THIS AMENDMENT NO. 1 TO THE 2018 SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT is made and entered into by and between the following entities (collectively, the “Parties”): Benton County, a political subdivision of the State of Washington; Franklin County, a political subdivision of the State of Washington; City of Kennewick, a Washington municipal corporation; City of Richland, a Washington municipal corporation; City of West Richland, a Washington municipal corporation; City of Prosser, a Washington municipal corporation; City of Benton City, a Washington municipal corporation; City of Pasco, a Washington municipal corporation; Benton County Fire Protection District Nos. 1, 2 and 4, all of which are Washington special purpose districts; and Public Utility District #1 of Benton County, a Washington special purpose district. WHEREAS, several of the above-referenced entities were parties to a 2009 Interlocal Agreement to fund the acquisition of a digital 800MHz radio system to provide enhanced public safety communications; and WHEREAS, since execution of that 2009 Interlocal Agreement, Franklin County, the City of Pasco and PUD #1 joined with the previously existing entities to participate in certain aspects of the operations of Benton County Emergency Services (BCES); and WHEREAS, in 2018, the Parties executed a Second Amended and Restated Interlocal Agreement for Benton County Emergency Services (the “2018 Interlocal Agreement”) to reflect the rights and responsibilities of all BCES participants; and WHEREAS, for the past several years, BCES has been studying ways to improve coverage of the 800MHz system, and based on such studies Benton County has agreed to add one (1) communication site to be located on Red Mountain that will be integrated into BCES’s existing simulcast system, and the necessary hardware, software, and services to upgrade the Golgotha ASTRO 25 Repeater site to integrate that communication site into the system; and WHEREAS, Benton County will reimburse up to $3,000,000 for costs incurred by BCES, by and through its Administrative Jurisdiction, to render the identified communication site initially operable; and WHEREAS, Benton County will expend additional funds associated with the cost of constructing a County-owned access easement to the communication site terminating on a parcel agreed to by Benton County, provided BCES will not be reimbursed for such costs as Benton Page 208 of 215 Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal Page 2 County will directly incur and pay such costs for the easement, including acquisition, design, construction, and provision of utilities to the site (specifically electric); and WHEREAS, the Parties enter into this Amendment No. 1 to set forth the financing and ownership terms with respect to the proposed additional communication site on Red Mountain. NOW THEREFORE, in consideration of the mutual covenants contained herein, and in accordance with RCW 39.34.030 and Section 8 of the 2018 Interlocal Agreement for Benton County Emergency Services, the Parties agree to amend the 2018 Interlocal Agreement as follows: 1. Section 4.C. of the FINANCES section of the 2018 Interlocal Agreement is deleted and replaced in its entirety with the following language: 800MHz Fund. The 800MHz Fund shall be used for the maintenance and operation of any 800MHz radio system, whether analog or digital, utilized by BCES. The Executive Board is authorized to levy annual radio assessments upon all Parties who use radios under the 800MHz system, and to impose contract fees upon any contracting agencies for use of the same. Assessments shall be determined annually by the Executive Board for inclusion in the Parties’ annual budgets. Assessments shall be paid in periodic installments on a schedule determined by the Executive Board. In the event an unforeseen exigent circumstance or uninsured civil judgment results in costs to the Organization in excess of the budgeted expenses for operation and administration of the 800MHz system, the Executive Board is authorized to proportionately levy, by percentage of the Parties’ total 800MHz budget responsibility, additional fees to cover the unexpected liability. Such excess costs shall be promptly remitted, upon demand, to Benton County Emergency Services. If the cost overrun is attributable to a single agency’s action or inaction, the entire cost overrun shall be borne by that agency. In order to improve coverage of the 800MHz radio system maintained and operated by BCES in certain areas of unincorporated Benton County, one (1) communication site on Red Mountain will be constructed consisting of a trunked simulcast repeater; one (1) microwave; an equipment shelter; a tower; a generator; a fuel tank; and batteries (the “Communication Site”). To integrate the new Communication Site into the existing system, the Golgotha ASTRO 25 Repeater Site must be upgraded with certain hardware, software and services (the “Golgotha Upgrade”). To facilitate construction of the Communication Site and the Golgotha Upgrade, Benton County agrees to: 1) reimburse BCES, by and through its Administrative Jurisdiction, in an amount equal to the lesser of: a) Three Million Dollars ($3,000,000); or b) the actual costs to purchase and install the Communication Site and Golgotha Upgrade; and 2) directly pay the costs of easement acquisition, design, and construction of a means of ingress and egress, along with provision of utilities (specifically electric) to a parcel agreed upon by Benton County on which the Communication Site will be located. All operational costs of the Communication Site shall be paid by the Parties hereto in the same manner as other operational costs paid from the 800MHz fund. The Administrative Jurisdiction is responsible for compliance with applicable procurement laws respecting the purchase and installation of the Communication Site and Golgotha Page 209 of 215 Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal Page 3 Upgrade. Benton County is responsible for compliance with applicable procurement laws respecting the access easement to the Communication Site. Benton County shall deposit One Million Dollars ($1,000,000) into the 800MHz Fund within thirty (30) days of the full execution of this Amendment No. 1 to the 2018 Interlocal Agreement. The Administrative Jurisdiction will place the deposit in an interest bearing account, and interest will accrue to the benefit of BCES and may be expended on the Communication Site. Beginning on the thirtieth (30th) day after the initial deposit, and occurring every thirty (30) days thereafter until the Communication Site is completed, the Administrative Jurisdiction will send to Benton County a written summary of the expenses incurred for the purchase and installation of the Communication Site. Upon thirty (30) days written notice from the Administrative Jurisdiction that less than Two Hundred Fifty Thousand Dollars ($250,000) of Benton County’s deposited funds under this section remain in said account, Benton County will deposit another Two Hundred Fifty Thousand Dollars ($250,000). The account will continue to be replenished by Benton County in this manner until $3,000,000 in the aggregate has been deposited by Benton County, or BCES has been fully reimbursed, by and through its Administrative Jurisdiction, for the actual costs of the purchase and installation of the Communication Site and Golgotha Upgrade, whichever occurs first. Within thirty (30) days of release of retainage to the contractor for the Communication Site work, the Administrative Jurisdiction will return to Benton County the balance of all deposits made by Benton County for the Communication Site that were not expended. Parties to this Agreement who use the 800MHz system will continue to contribute to its operation and maintenance costs, including costs for operation and maintenance of the Communication Site, through annual radio assessments. 2. Section 5.C. of the PROPERTY AND EQUIPMENT section of the 2018 Interlocal Agreement is deleted and replaced in its entirety with the following language: Specific Property Owned Solely by Benton County, Richland and Kennewick. All Parties hereto acknowledge that the federal government may have ownership interests or rights with respect to equipment purchased with funds provided by the federal government. All Parties further acknowledge and agree that the Communication Site on Red Mountain as referenced in Section 4.C above shall be owned exclusively by Benton County. All Parties further acknowledge and agree that the remainder of the digital 800MHz radio system, the real property and improvements located at 651 Truman Avenue in Richland, Washington, the leasehold interests and other 800MHz equipment used by Benton County Emergency Services and the Parties hereto at the several existing sites and the Benton County Microwave System used by Benton County Emergency Services shall be owned exclusively by Benton County and the cities of Richland and Kennewick as follows: fift y percent (50%) ownership by Benton County; twenty-five percent (25%) ownership by Kennewick; twenty-five percent (25%) ownership by Richland. The contributions by Pasco and Franklin County required pursuant to section 4.G above do not create any ownership interests in the above assets by those entities. Page 210 of 215 Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal Page 4 3. All remaining terms, conditions and provisions of the 2018 Interlocal Agreement shall remain in full force and effect. 4. This Amendment shall be construed in accordance with, and governed by, the laws of the state of Washington. 5. The headings contained in this Amendment are for ease of reference only and shall not be considered in construing this Amendment. [Signature page to follow] Page 211 of 215 Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal Page 5 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates identified next to their signatures below. BENTON COUNTY, WASHINGTON JAMES BEAVER, Chairman Date SHON SMALL, Member Date JEROME DELVIN, Member Date Constituting the Board of County Commissioners of Benton County, Washington. Attest: Clerk of the Board Approved as to Form: Ryan K. Brown, Benton County Chief Deputy Prosecuting Attorney FRANKLIN COUNTY, WASHINGTON ROBERT E. KOCH, Chairman Date BRAD PECK, Chairman Pro-Tem Date CLINT DIDIER, Member Date Constituting the Board of County Commissioners of Franklin County, Washington. Attest: Clerk of the Board Approved as to Form: Jennifer Johnson, Franklin County Deputy Prosecuting Attorney [Signatures continue below] Page 212 of 215 Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal Page 6 CITY OF PASCO DAVE ZABELL Date Pasco City Manager Attest: Debby Barham, City Clerk Approved as to Form: Eric Ferguson, Kerr Ferguson Law, PLLC City Attorney for Pasco CITY OF RICHLAND CYNTHIA D. REENTS Date Richland City Manager Attest: Jennifer Rogers, City Clerk Approved as to Form: Heather Kintzley Richland City Attorney CITY OF KENNEWICK MARIE E. MOSLEY Date Kennewick City Manager Attest: Terri L. Wright, City Clerk Approved as to Form: Lisa Beaton Kennewick City Attorney CITY OF WEST RICHLAND BRENT GERRY Date West Richland Mayor Attest: Julie Richardson, City Clerk Approved as to Form: Bronson Brown, Bell Brown & Rio, PLLC City Attorney for West Richland [Signatures continue below] Page 213 of 215 Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal Page 7 CITY OF PROSSER RANDY TAYLOR Date Prosser Mayor Attest: Rachel Shaw, City Clerk Approved as to Form: Howard Saxton Prosser City Attorney CITY OF BENTON CITY LINDA LEHMAN Date Benton City Mayor Attest: Stephanie Haug, City Clerk Approved as to Form: Eric Ferguson, Kerr Ferguson Law, PLLC City Attorney for Benton City BENTON COUNTY FIRE PROTECTION DISTRICTS 1, 2, AND 4 Attest: DAVID M. JENKINS Date BCFPD #1 Commission Chair Attest: BARRY ORTH Date BCFPD #2 Commission Chair Attest: GREGG COUCH Date BCFPD #4 Commission Chair [Signatures continue below] Page 214 of 215 Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal Page 8 PUBLIC UTILITY DISTRICT #1 OF BENTON COUNTY (BENTON PUD) Attest: RICK DUNN Date General Manager Page 215 of 215