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HomeMy WebLinkAbout2020.07.06 Council Remote Regular Meeting PacketRemote Regular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. July 6, 2020 Page 1. REMOTE MEETING INSTRUCTIONS: (a) Governor Inslee's Proclamation No. 20-28.4, made in response to the COVID-19 emergency, prohibits members of the public from attending City meetings in-person but requires agencies to provide options for the public to participate in remotely. To best comply, the City asks all members of the public that would like to comment regarding items on the agenda to fill out a form via the City’s website (www.pasco- wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of each meeting. To listen to the meeting via phone, call (415) 655-0052 and use access code 942-626-986. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER: 3. ROLL CALL: (a) Pledge of Allegiance 4. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 5 - 13 (a) Approval of Meeting Minutes To approve the minutes of the Pasco City Council Meeting held on June 15, 2020 and, Special Meeting and Workshop held on June 22, 2020. 14 - 15 (b) Bills and Communications Page 1 of 95 Remote Regular Meeting July 6, 2020 To approve claims in the total amount of $3,579,380.95 ($1,998,301.53 in Check Nos. 236188-236509; $742,682.79 in Electronic Transfer Nos. 828629-828646, 828655-828659, 828666-828722, 828735-828762, 828771- 828816, 828825-828891, 828893-828907, 828963-828965; $10,918.84 in Check Nos. 53357-53366; $825,054.82 in Electronic Transfer Nos. 30149085-30149597; $2,422.97 in Electronic Transfer Nos. 686). 16 - 29 (c) U.S. Bureau of Reclamation Quitclaim Deed - PWRF Property Purchase To approve Resolution No. 3969, approving the Quitclaim Deed from the United States Department of the Interior Bureau of Reclamation. 30 - 41 (d) Amendment to BCES Interlocal Agreement To approve Resolution No. 3970, authorizing Amendment No. 1 to the 2018 Second Amended and Restated Interlocal Agreement for Benton County Emergency Services for funding an additional communication site and, further, authorize the City Manager to execute the amendment. 42 - 65 (e) Professional Services Agreement with RH2 Engineering, Inc. for the West Pasco Water Treatment Plant (WPWTP) Improvements To approve Professional Services Agreement for the West Pasco Water Treatment Plant (WPWTP) Improvements with RH2 Engineering, Inc. not to exceed $646,574.00, and further, authorize the City Manager to execute the Professional Services Agreement. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 66 - 73 (a) PMC Amendments - Based on Code Publishing Recommendations MOTION: I move to adopt Ordinance No. 4494, amending sections 9.100.070, 9.100.100, 9.100.120, 9.100.130, 9,100.140, 9.100.150, 9.100.160, 9.100.170, 9.100.180, 9.100,190, 9.100.200, 9.100.220, 9.100.230, 9.100.240, 9.100.260, 9.100.270 of the Pasco Municipal Code, updating and clarifying Park Code provisions of the Municipal Code. Page 2 of 95 Remote Regular Meeting July 6, 2020 74 - 80 (b) *Resolution Authorizing the Washington State Recreation and Conservation Office (RCO) Grant Application MOTION: I move to approve Resolution No. 3971, authorizing the City Manager, or his designee, to act as the authorized representative/agent on behalf of the City of Pasco and to legally bind the City of Pasco with respect to both the Highland Park Improvements Phase II Project and the Sacajawea Heritage Trail - Shared Use Improvements Project for which City staff seek grant funding assistance managed through the WA State Recreation and Conservation Office. 81 - 86 (c) *Resolution - Ratify Emergency Order Related to COVID-19 MOTION: I move to approve Resolution No. 3972, ratifying Emergency Order No. 2020-007, relating to Temporary Changes to Outdoor Seating in C-1, C2 and C-3 Zones. 9. UNFINISHED BUSINESS: 87 - 95 (a) Coronavirus Relief Fund MOTION: I move to authorize use of up to one million dollars of the Department of Commerce Coronavirus Relief Funds for business assistance. 10. NEW BUSINESS: 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT: (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” (b) REMINDERS: • Thursday, July 9, 7:00 PM: Ben Franklin Transit Board Meeting – Transit Facility (COUNCILMEMBER RUBEN ALVARADO, Rep.; COUNCILMEMBER ZAHRA ROACH, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Page 3 of 95 Remote Regular Meeting July 6, 2020 Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 4 of 95 AGENDA REPORT FOR: City Council July 1, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 7/6/20 FROM: Debby Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes I. REFERENCE(S): 06.15.2020 & 06.22.2020 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Meeting held on June 15, 2020 and, Special Meeting and Workshop held on June 22, 2020. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 95 REMOTE REGULAR MEETING MINUTES PASCO CITY COUNCIL JUNE 15, 2020 REMOTE MEETING INSTRUCTIONS: Governor Inslee's Proclamation No. 20-28.4, made in response to the COVID- 19 emergency, continued to prohibit members of the public from attending City meetings in-person but required agencies to provide options for the public to participate in remotely. To best comply, the City asked all members of the public that would like to comment regarding items on the agenda to fill out a form via the City’s website (www.pasco-wa.gov/publiccomment). As of 4:00 p.m. on Monday, June 15, 2020, one (1) request to speak was received. CALL TO ORDER: The meeting was called to order at 7:00 PM by Saul Martinez, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado (virtual), Blanche Barajas (virtual), Craig Maloney (virtual), Saul Martinez (in-person), David Milne (virtual), Zahra Roach (virtual), and Pete Serrano (virtual). Staff present: Dave Zabell, City Manager(in-person); Colleen Chapin, Human Resources Director (virtual); Eric Ferguson, City Attorney (virtual); Bob Gear, Fire Chief (virtual); Zach Ratkai, Administrative & Community Services Director (virtual); Ken Roske, Police Chief (virtual); Richa Sigdel, Finance Director (in-person); Rick White, Community & Economic Development Director (virtual); Steve Worley, Public Works Director (virtual); and Debby Barham, City Clerk (in-person). The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. Approval of Meeting Minutes To approve the minutes of the Pasco City Council Meeting held on June 1, 2020 and Workshop held on June 8, 2020. Bills and Communications To approve claims in the total amount of $5,146,218.33 ($2,077,942.85 in Check Nos. 235987-236187; $156,563.73 in Electronic Transfer Nos. 828730, 828732, 828734, 828769-828770, 828820; $22,778.02 in Check Nos. 53339- 53355; $809,776.51 in Electronic Transfer Nos. 30148573-30149084; $2,079,157.22 in Electronic Transfer Nos. 680-685). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non- criminal, criminal, and parking) accounts receivable in the total amount of $107,504.95 and, of that amount, authorize $0.00 to be turned over for collection. Page 1 of 4 Page 6 of 95 REMOTE REGULAR MEETING MINUTES PASCO CITY COUNCIL JUNE 15, 2020 PMC Update to Street Overlay and Real Estate Excise Tax To adopt Ordinance No. 4492, updating Title 3 "Revenue and Finance" of the Pasco Municipal Code, by revising sections within Chapters 3.20 "Real Estate Excise Taxes," and 3.175 "Street Overlay Fund." PSA Amendment - Moore/Sandifur Property To approve Resolution No. 3966, authorizing Amendment No. 8 to the Purchase and Sale Agreement between the City of Pasco and Moore Holdings Company, LLC, and further, authorize the City Manager to execute said amendment. (RC) MOTION: Mayor Pro Tem Barajas moved to approve the Consent Agenda as read. Mr. Serrano seconded. Motion carried by unanimous Roll Call Vote. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Proclamation for "Juneteenth Day" Mr. Zabell provided a brief history of Juneteenth celebrating the end of slavery in the United States. Mayor Martinez introduced Edmon Daniels and Charvella McGary, members of the Tri-Cities Juneteenth Community Council, who were attending remotely. Mayor Martinez proclaimed Juneteenth day and presented the proclamation virtually to Mr. Daniels and Ms. McGary. Mr. Daniels, a founding member of Junteenth Community Council and Ms. McGary, secretary, stated that Juneteenth has been celebrated over 40 years in Pasco and is one of the only celebrations within Washington State. Council expressed appreciation to Mr. Daniels and Ms. McGary for their efforts in starting and continuing Junetenth in Pasco celebrating the emancipation from slavery for over 40 years. REPORTS FROM COMMITTEES AND/OR OFFICERS: Verbal Reports from Councilmembers Mr. Milne attended a Pasco downtown business owners meeting on Saturday, June 13, 2020. Mayor Pro Tem Barajas recently attended a remote meeting with Governor Inslee, and community leaders from Benton, Franklin and Yakima Counties about how to move forward on Safe Start Washington and reopening the businesses within the counties. Mr. Alvarado recently attended a Benton Franklin Transportation Board remote meeting. Mr. Serrano noted that the City of Pasco has posted the position for Deputy City Manager. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2021-2026 Six-Year Transportation Improvement Plan Page 2 of 4 Page 7 of 95 REMOTE REGULAR MEETING MINUTES PASCO CITY COUNCIL JUNE 15, 2020 Mr. White introduced City Engineer Ford. Mr. Ford noted that this item was discussed in detail with Council at the June 8, 2020 Council Workshop. CONDUCT A PUBLIC HEARING Mayor Martinez opened the public hearing at 7:30 PM. Mr. Maloney read a communication he received from Dave Beach, Bike Tri- Cities, expressing support of the 2021-2026 Six-Year TIP. Mayor Martinez closed the public hearing after three calls at 7.34 PM MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 3967, adopting the 2021-2026 Six-Year Transportation Improvement Program for the City of Pasco for the purpose of guiding the development, design, and construction of local and regional transportation improvements. Mr. Alvarado seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Q* Harris Road/Bush Rezone (MF #Z 2020-001) Mr. White provided a brief report of the proposed rezone to accommodate the development of four (4) lots instead of three (3) lots under the current zoning of the land. MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4493, rezoning a parcel located at 11920 Harris Rd from RS -20 to RS-12, and further, authorize publication by summary only. Mr. Alvarado seconded. Motion carried unanimously. Peaceful Assembly Resolution Mr. Zabell provided a brief report of the development of a peaceful assembly resolution which occurred in a short period of time. MOTION: Mayor Pro Tem Barajas moved to adopt Resolution No. 3968, reaffirming the right of the people to peaceful assembly. Mr. Maloney seconded. Council deliberation ensued regarding the proposed resolution; discussion points included: • Recommendation was offered that the term "peacefully protest" within the proposed resolution be replaced with "peacefully assembly." • Better understanding of how Section 3 of the resolution will be accomplished specifically regarding the Pledge of the Council. • During the development of the resolution, some community members expressed concern that the resolution was lacking specific language related to timelines and a plan of action. The group considered those comments and decided that the resolution would express the City's commitment to addressing this issue and a plan would follow through the IDE Commission and possibly including the Council subcommittee and/or community leaders. • Mr. Maloney read some specific feedback from some of the members preparing the resolution expressing concern how the proposed resolution will be received in the black community within Pasco without providing a detailed plan for each section of the resolution. • Education was also important, the lack of education related to this topic was a concern, and that was one of the reasons the IDE Commission was formed a few years ago. Page 3 of 4 Page 8 of 95 REMOTE REGULAR MEETING MINUTES PASCO CITY COUNCIL JUNE 15, 2020 • The proposed resolution was an attempt to express Council's direction on this topic and it was a first step for an open and ongoing dialog on improving the community relations for its residents of color. • The timelines and action plans will be forthcoming through the IDE Commission and support citizens of color. • Acknowledge that this is a significant issue and the resolution was the start of a commitment of an ongoing discussion and development of plan of action to make a positive change within Pasco and the greater Tri-Cities community. MOTION: Mayor Pro Tem Barajas moved to adopt Resolution No. 3968, reaffirming the right of the people to peaceful assembly. Mr. Maloney seconded. Motion passed unanimously. NEW BUSINESS: *Bid Award - Fire Station No. 84 and Fire Headquarters Chief Gear provided a report on the bids received for Fire Station No. 84 and Fire Headquarters. Mr. Maloney expressed appreciation that the bids came in well under the engineer's estimate. MOTION: Mayor Pro Tem Barajas moved to award the bid for construction of Fire Station No. 84 & Fire Headquarters to Jackson Contractor Group, Inc. in the amount of $7,526,305.80 including Washington State Sales Tax, and further authorize the City Manager to execute the contract documents. Ms. Roach seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Zabell announced that drive-through COVID-19 testing was set to start on Wednesday, June 17 at both the HAPO Center in Pasco and Toyota Center in Kennewick. Mr. Zabell also commented on the CARES Act funding status. Mayor Martinez encouraged individuals that may have COVID-19 symptoms to go get tested and stay at home to protect others from being infected. It is important that residents within Benton and Franklin County adhere to the Health District's and Washington State's mandates related to COVID-19. Mr. Maloney announced that the opportunity for Benton and Franklin Counties to move into Phase 2 of the Safe Start Washington has been placed on pause and further discussions with the state and local health organizations will take place later in the week to determine the next steps. It is important to adhere to the social distancing and wearing masks mandates to help reduce the numbers of infected individuals and in turn, allow businesses to reopen. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:18 PM. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 4 of 4 Page 9 of 95 REMOTE SPECIAL MEETING MINUTES PASCO CITY COUNCIL JUNE 22, 2020 REMOTE MEETING INSTRUCTIONS: To best comply with Governor Inslee’s Emergency Proclamation regarding the restrictions to the Open Public Meetings Act, the City asked all members of the public that would like to comment regarding items on the agenda to fill out a form via the City’s website (www.pascowa.gov/publiccomment) to obtain access information to comment. Requests to comment in meeting must be received by 4:00 p.m. on the day of each meeting. Zero (0) requests were submitted. For the public to attend the Pasco City Council Special Meeting in "listen only" mode only had to register at GoToWebinar. CALL TO ORDER: The meeting was called to order at 6:00 PM by Saul Martinez, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado (virtual), Blanche Barajas (virtual), Craig Maloney (virtual), Saul Martinez (in-person), David Milne (virtual), Zahra Roach (virtual) and Pete Serrano (virtual). Staff present: Dave Zabell, City Manager (in-person); Eric Ferguson, City Attorney (virtual); Bob Gear, Fire Chief (virtual); Ken Roske, Police Chief (in- person); Richa Sigdel, Finance Director (in-person); Rick White, Community & Economic Development Director (virtual); Steve Worley, Public Works Director (virtual); and Debby Barham, City Clerk (in-person). The meeting was opened with the Pledge of Allegiance. NEW BUSINESS: *Bid Award - Improvements to Fire Station Nos. 81 & 82 and Fire Training Rehab Fire Chief Gear provided a brief report regarding the proposed bid award for the Fire Stations Nos. 81 and 82 and Fire Training Center remodel projects. Council and staff briefly discussed the proposed bid award. MOTION: Mayor Pro Tem Barajas moved to award the bid for Remodel of Fire Station No. 81 and Fire Station No. 82 and improvements to the Fire Training facility to Jackson Contractor Group, Inc. in the amount of $857,397.00, including Washington State Sales Tax, and further authorize the City Manager to execute the contract documents. Mr. Maloney seconded. Motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 6:08 PM. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 1 of 1 Page 10 of 95 REMOTE WORKSHOP MEETING MINUTES PASCO CITY COUNCIL JUNE 22, 2020 REMOTE WORKSHOP INSTRUCTIONS: The Pasco City Council Workshop was 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 was also made available. CALL TO ORDER: The meeting was called to order at 6:08 PM by Saul Martinez, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado (virtual), Blanche Barajas (virtual), Craig Maloney (virtual), Saul Martinez (in-person), David Milne (virtual), Zahra Roach (virtual) and Pete Serrano (virtual). Staff present: Dave Zabell, City Manager (in-person); Eric Ferguson, City Attorney (virtual); Bob Gear, Fire Chief (virtual); Ken Roske, Police Chief (in- person); Richa Sigdel, Finance Director (in-person); Rick White, Community & Economic Development Director (virtual); Steve Worley, Public Works Director (virtual); Brent Cook, Police Deputy Chief (in-person) Bill Parramore, Police Captain (in-person); Brent Kubalek,Recreation Services Manager (in- person); Maria Seera, Capital Projects Manager (in-person); and Debby Barham, City Clerk (in-person). VERBAL REPORTS FROM COUNCILMEMBERS: Mr. Alvarado commented on meetings he recently attended including: Ben Franklin Transit Board, Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association and Benton-Franklin Council of Governments. Ms. Roach announced that she participated in a Public Service Announcement (PSA) with Visit Tri-Cities, which encourages wearing masks and social distancing in efforts that Benton and Franklin Counties can move forward with Safe Start Washington and reduce the spread of COVID-19. Mr. Martinez commented about two weekly COVID-19 meetings he attends and stated that the Tri-Cities hospitals are filling up with COVID-19 patients and there are only a couple of ventilators available to serve patients. He pleaded the community to follow Benton Franklin Health District orders related to social distancing and wearing masks to slow down the spread of COVID-19. Mr. Maloney commented on increase of COVID-19 positive cases within the community and noted it is spreading and encouraged all residents within Benton and Franklin Counties to follow the social distancing rules to end the spread of COVID-19. ITEMS FOR DISCUSSION: Community Policing, Accomplishments & Use of Force Liability, Law, Policy Mr. Zabell introduced the discussion on community policing and then turned it over to Police Chief Roske and Police Captain Parramore to present the City of Page 1 of 3 Page 11 of 95 REMOTE WORKSHOP MEETING MINUTES PASCO CITY COUNCIL JUNE 22, 2020 Pasco's policing, accomplishments and use of force liability, law and policy. Council and staff discussion occurred throughout the presentation. Council expressed appreciation for the thorough presentation and for the Pasco Police Officers for the extensive training, the transparency of the department and use of appropriate force as opposed to what has been recently shown on a national level. Recess: Mayor Martinez declared a ten (10) minute recess at 8:40 PM. The Workshop reconvened at 8:50 PM. U.S. Bureau of Reclamation Quitclaim Deed - PWRF Property Purchase Mr. Worley provided a brief history and current status of the proposed property purchase from the U.S. Bureau for Reclamation. A brief question and answer period commenced. Mayor Martinez confirmed that this item will come back for Council consideration at the next meeting. Professional Services Agreement with RH2 Engineering, Inc. for the West Pasco Water Treatment Plant (WPWTP) Improvements Mr. Worley introduced Capital Improvement Projects Manager Serra. Ms. Serra provided a brief report regarding the start of the proposed improvements of the West Pasco Water Treatment Plant by contracting with RH2 Engineering for professional services. Council and staff discussion ensued regarding the planned improvements for the City's water treatment plants. Mayor Martinez confirmed that this item will come back to Council for consideration at the next meeting. Amendment to BCES Interlocal Agreement Fire Chief Gear explained the purpose of the proposed amendment to the Benton County Emergency Services (BCES) interlocal agreement. Council and staff briefly discussed aspects of the proposed amendment to the BCES interlocal agreement. Mayor Martinez confirmed that this item will come back to Council for consideration at the next Council meeting. MISCELLANEOUS COUNCIL DISCUSSION: Fourth of July Activities in Pasco Mr. Zabell introduced Recreation Services Manager Kubalek. Mr. Kubalek provided an overview of the activities scheduled for the 4th of July, which adhere to the mandated social distancing due to the COVID-19 pandemic. The alternative activities included: • Virtual Grand Old 4th Parade Page 2 of 3 Page 12 of 95 REMOTE WORKSHOP MEETING MINUTES PASCO CITY COUNCIL JUNE 22, 2020 • Virtual Challenge - complete 20 miles between Jane 19 and July 3 (run, walk, paddle, swim, bike, etc.) • Pasco Goes Camp-In - scheduled for Friday, July 3 • Pasco Trail Clean-up - Volunteer and clean-up will back plane between June 26 through June 30 • Family Freedom Bike Ride - July 4 and asked to decorate bike in the spirit of freedom Council expressed appreciation for the alternative options available celebrating the 4th of July. Follow up Council Discussion on Resolution No. 3968 Mr. Zabell noted that the recent approval of Resolution No. 3968 - Peaceful Assembly, has committed the Council to specific action. Mr. Zabell stated that the IDE Commission and its recently retained facilitator, along with the newly formed Arts and Culture Commission are available to help form an action plan for the City and community. Mr. Maloney recommended that the IDE be enhanced with additional members and possibly Council liaisons. Mr. Serrano recommended that Council provide specific direction to the existing IDE Commission to come up with an action plan. Mr. Alvarado recommended that the IDE Commission Mr. Zabell suggested that due to the on-going COVID-19 pandemic preventing in-person interviews that Council form a subcommittee of three (3) Councilmembers to interview the IDE applicants remotely and bring the recommendations back for Council approval. Council agreed to the subcommittee that included Mayor Martinez, Mayor Pro Tem Barajas and Councilmember Roach and also, that the application process for the IDE be reopened for a few weeks and then the subcommittee will interview a broad selection of candidates. Mr. Zabell provided an update on COVID-19 statistics and plan to lower the spread of the virus. ADJOURNMENT: There being no further business, the workshop was adjourned at 9:38 PM. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 3 of 3 Page 13 of 95 AGENDA REPORT FOR: City Council July 2, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 7/6/20 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 07.06.20 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $3,579,380.95 ($1,998,301.53 in Check Nos. 236188-236509; $742,682.79 in Electronic Transfer Nos. 828629-828646, 828655- 828659, 828666-828722, 828735-828762, 828771-828816, 828825-828891, 828893- 828907, 828963-828965; $10,918.84 in Check Nos. 53357-53366; $825,054.82 in Electronic Transfer Nos. 30149085-30149597; $2,422.97 in Electronic Transfer Nos. 686). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 14 of 95 REPORTING PERIOD: July 6, 2020 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 236188-236509 53357-53366 Total Check Amount $1,998,301.53 $10,918.84 Total Checks 2,009,220.37$ Electronic Transfer Numbers 828629-828646 30149085-30149597 686 828655-828659 828666-828722 828735-828762 828771-828816 828825-828891 828893-828907 828963-828965 Total EFT Amount $742,682.79 $825,054.82 $2,422.97 $0.00 Total EFTs 1,570,160.58$ Grand Total 3,579,380.95$ Councilmember 607,049.26 55,237.20 0.00 8,075.80 5,377.78 0.00 2,368.83 158,025.08 6,999.72 (61.04) 69,712.58 1,668.60 3,150.16 1,185.39 0.00 0.00 31.05 14,583.33 0.00 35,259.56 185.27 HOTEL/MOTEL EXCISE TAX 12,714.03 187.40 104.50 228,461.77 924,362.11 12,488.21 13,747.93 0.00 0.00 1,418,466.43 GRAND TOTAL ALL FUNDS:3,579,380.95$ The City Council June 11 - July 1, 2020 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved STREET OVERLAY City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Richa Sigdel, Finance Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 6th day of July, 2020 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY EQUIPMENT REPLACEMENT GOVT SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL LID MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING Page 15 of 95 AGENDA REPORT FOR: City Council June 23, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 7/6/20 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: To approve Resolution No. ____, approving the Quitclaim Deed from the United States Department of the Interior Bureau of Reclamation. 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 No. 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. Page 16 of 95 The purchase price established by the USBR is based on an appraisal recently (2019) completed by the Department of Interior's Appraisal and Valuation Services Office. V. DISCUSSION: This item was discussed at the June 22, 2020 Council Workshop. Staff recommends approval of the Quitclaim Deed from the United States Department of the Interior Bureau of Reclamation. Page 17 of 95 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 18 of 95 Resolution Approving the Quitclaim Deed from the Bureau of Reclamation - 2 PASSED by the City Council of the City of Pasco, Washington, this 6th day of July, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 19 of 95 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: AFN a 1846535 AGREE Citv of Pasco 06/14/2016 04:08 PM d525North3 6 Page(s) $78.00 Matt Beaton, Auditor Pasco WA 99301 Franklin Co.. WA Mrce/ 9 Corrected for Re-recording REAL ESTATE PURCHASE AGREEMENT THIS REAL ESTATE PURCHASE AGREEMENT is entered into this /7 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 Quarter of 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. City 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. Real Estate Purchase Agreement - I % l d-)3 lyPage 20 of 95 FILED FOR RECORD AT REQUEST OF: City of Pasco. Washington WHEN RECORDED RETURN TO: City of Pasco 523 North 3" Pasco WA 99301 REAL ESTATE PURCHASE AGREEMENT THIS REAL ESTATE PURCHASE AGREEMENT is entered into this 1-7 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 Quarter of 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. City 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. Real Estate Purchase Agreement - 1 Page 21 of 95 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 Reclamation of the above-described real property, the City shall sell to Middleton the south half of the northwest quarter of Section 1+ Township 9 North, Range 30 E.W.M., records ofd' _ Franklin County, Washington, 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 i 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 identified 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 five (5) acres. The exact legal description for such parcel shall be determined by survey as provided below. The sale price for the "Corner" property shall be at fair market value as established by an independent appraisal from a qualified 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 corner property shall be resolved as provided in Section I 1 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. Title. The City shall convey by Statutory Warranty Deed that real property identified 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 Real Estate Purchase Agreement - 2 S.h W (' ,,j Page 22 of 95 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. Middleton's obligations to purchase the property identified in Section 2 and Section 3 above, is subject to the following contingency: A. Purchase by the City of the BOR Property as provided in Section 1 above. 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 terms 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 identified 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 Corner 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 CitypursuanttoSectionlabove; D. Cultural survey/report costs incurred by the City incident to the land purchase identified 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 identified in Section 2 and Section 3 above. Real Estate Purchase Agreement - 3 Page 23 of 95 10. Assignment Prohibited. 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. 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 CITY OF PASCO, WASHINGTON City Manager Lave Zabel/ Approved as to Form: Leland B. Kerr, City Attorney Real Estate Purchase Agreement - 4 MIDDLETON SIX SONS FARMS,LLC Bill Mi anaging Member Michael A. Foehlich, Middleton Attorney Page 24 of 95 T9R30S11 L l 113160017 er CITY OF PASCO Parcel 113190049 Owner USA — BUREAU OF RECLAMATION Parcel'13190084 Owner MIDDLETON FAMILY FARM LLC EXHIBIT A Page 25 of 95 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 26 of 95 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 27 of 95 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 28 of 95 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 29 of 95 AGENDA REPORT FOR: City Council June 26, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 7/6/20 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: Amendment to BCES Interlocal Agreement I. REFERENCE(S): Resolution Exhibit A: Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve Resolution No. _____, authorizing Amendment No. 1 to the 2018 Second Amended and Restated Interlocal Agreement for Benton County Emergency Services for funding an additional communication site and, further, authorize the City Manager to execute the amendment. 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 is to all agencies utilizing the 800 megahertz system as currently accomplished through a per radio annual charge. The City’s approval of the proposed Page 30 of 95 improvement is necessary per the conditions of the BCES Interlocal agreement. This item was discussed during the June 22, 2020 Council Workshop and staff recommends approval of the first amendment to the 2018 Interlocal Agreement for Benton County Emergency Services. Page 31 of 95 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 32 of 95 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 33 of 95 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 34 of 95 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 35 of 95 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 36 of 95 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 37 of 95 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 38 of 95 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 39 of 95 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 40 of 95 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 41 of 95 AGENDA REPORT FOR: City Council June 23, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 7/6/20 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: To approve Professional Services Agreement for the West Pasco Water Treatment Plant (WPWTP) Improvements with RH2 Engineering, Inc. not to exceed $646,574.00, and Services Professional the execute to City the authorize further, Manager Agreement. 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. Page 42 of 95 V. DISCUSSION: In February 2020, the City issued a Request for Qualifications from consulting 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. This item was discussed at the June 22, 2020 Council Workshop. Staff recommends approval of the proposed Professional Services Agreement with RH2 Engineering, Inc. Page 43 of 95 WEST PASCO WATER TREATMENT PLANT (WPWTP) IMPROVEMENTS VICINITY MAP Page 44 of 95 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 45 of 95 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 46 of 95 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 47 of 95 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 City’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 Page 48 of 95 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 20-021 16008 – West Pasco Water Treatment Plant Improvements Page 5 of 9 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. 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. Page 49 of 95 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 20-021 16008 – West Pasco Water Treatment Plant Improvements Page 6 of 9 9.1.4 Professional Liability insurance appropriate to the Consultant’s profession. 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 (2) 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 Page 50 of 95 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 20-021 16008 – West Pasco Water Treatment Plant Improvements Page 7 of 9 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. 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 (5) 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 t o 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, Page 51 of 95 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 20-021 16008 – West Pasco Water Treatment Plant Improvements Page 8 of 9 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. 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) Page 52 of 95 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 20-021 16008 – West Pasco Water Treatment Plant Improvements Page 9 of 9 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 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 53 of 95 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 54 of 95 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 55 of 95 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 56 of 95 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 57 of 95 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 58 of 95 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 59 of 95 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 60 of 95 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 61 of 95 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 62 of 95 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 63 of 95 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 64 of 95 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 65 of 95 AGENDA REPORT FOR: City Council June 30, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 7/6/20 FROM: Eric Ferguson, Attorney Executive SUBJECT: PMC Amendments - Based on Code Publishing Recommendations I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, amending sections 9.100.070, 9.100.100, 9.100.170, 9.100.150, 9.100.160, 9.100.130, 9.100.120, 9,100.140, 9.100,190, 9.100.180, 9.100 9.100.260, 9.100.230, 9.100.220, 9.100.240, .200, 9.100.270 of the Pasco Municipal Code, updating and clarifying Park Code provisions of the Municipal Code. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In 2018, the City of Pasco contracted with Code Publishing Company to re-codify and host the Pasco Municipal Code (PMC) on an on-going basis. As a part of the re- codification process, Code Publishing also performed a legal review of the PMC and reviewed all sections of the PMC for consistency, archaic language, internal conflicts, as well as compliance with state and federal laws. A detailed report was provided to the City Attorney after the completion of the review. The City Attorney and his staff have completed its review of the report and the proposed code amendments within the attached ordinance. This the second of five such ordinances to bring the PMC up to standards in terms of removing conflicting text and meeting the requirements of state and federal laws. The first ordinance was adopted at the February 18, 2020 Council meeting. Page 66 of 95 Council first reviewed the proposed ordinance at the February 24, 2020 Council workshop and again at the March 9, 2020 Council workshop to receive answers to questions. Additionally, Mr. Ferguson provided statistics related to the various infractions described in the PMC Chapter 9.100 that Council questioned during the February 24 workshop. V. DISCUSSION: Mr. Ferguson will provide answers related to follow-up questions from the March 9, 2020 Council workshop. Staff recommends the adoption of the ordinance updating the Pasco Municipal Code bringing the Park Code up-to-date. Page 67 of 95 Omnibus Ordinance - 1 ORDINANCE NO. ______ AN OMNIBUS ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING SECTIONS 9.100.070, 9.100.100, 9.100.120, 9.100.130, 9.100.140, 9.100.150, 9.100.160, 9.100.170, 9.100.180, 9.100,190, 9.100.200, 9.100.220, 9.100.230, 9.100.260, AND 9.100.270; AND REPEALING SECTION 9.100.240 OF THE PASCO MUNICIPAL CODE UPDATING AND CLARIFYING PARK CODE PROVISIONS OF THE MUNICIPAL CODE WHEREAS, the Municipal Code for the City of Pasco has recently undergone a comprehensive re-codification and review for consistency and clarity of text; and WHEREAS, in working through the re-codification and review, certain code provisions were deemed to be in need of clarification so text was consistent with other provisions and intended purposes were plainly understood. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 9.100.070, entitled “Posting signs” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.070 Posting signs. (1) It is unlawful to use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind of advertising in any park; or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure in any park; or, without the wr itten consent of the Director, to place or erect in any park a structure of any kind. (2) Provided, upon approval of the Director, temporary directional signs or decorations on occasions of public celebration and picnics may be erected in City parks. (3) Violation of any of the provisions of this section constitutes a class 3 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.050.] Section 2. That Section 9.100.100, entitled “Animals” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.100 Animals. (1) It is unlawful for any person to ride a horse or other beast of burden upon any park property unless specifically designated for such or without specific permission of the Director. (2) It is unlawful for any person to allow or permit any animal to be at large in any park, except dog guides or service animals, as defined in Chapter 70.84 RCW (“white cane law”), or those animals used by a law enforcement officer; provided, that except in areas in which animals are Page 68 of 95 Omnibus Ordinance - 2 prohibited, animals are permitted in a park if on a leash not greater than 10 feet in length, or otherwise securely caged or securely restrained. (3) The Director may ban dogs and other pets from areas of any park where the Director determines it appropriate. (4) Any person with any animal in his or her possession in any park shall be responsible for the conduct of the animal and shall not allow the animal to bite or otherwise molest or annoy other park visitors. (5) Any person with an animal in his or her possession in any park shall carry equipment for removing fecal matter, and shall collect and place fecal matter deposited by such animal in an appropriate receptacle. (6) Notwithstanding subsection (2) of this section, the Director may designate certain areas in parks as allowing dogs and/or other pets to be off leash. (7) Violation of any of the provisions of this section constitutes an class 3 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.080.] Section 3. That Section 9.100.120, entitled “Feeding animals” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.120 Feeding animals. It is unlawful in any manner to feed any fowl, farm animals or wildlife, except at areas designated by the Director for such purposes. Violation of any of the provisions of this section constitutes an class 3 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.100.] Section 4. That Section 9.100.130, entitled “Commercial activity” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.130 Commercial activity. It is unlawful to sell refreshments or merchandise or service, or conduct commercial solicitations in any park, without the permission of the Director, or without a concession contract with the City. Violation of any of the provisions of this section constitutes an class 2 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.120.] Section 5. That Section 9.100.140, entitled “Parking for certain purposes prohibited” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.140 Parking for certain purposes prohibited. (1) No person shall park any vehicle in any park for the principal purpose of: Page 69 of 95 Omnibus Ordinance - 3 (a) Displaying of commercial or noncommercial signs; or (b) Displaying such vehicle for sale. (2) No person shall park any vehicle in any park for the principal purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. (3) All parking shall be in designated areas only. (4) Violation of any of the provisions of this section constitutes an class 3 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.170.] Section 6. That Section 9.100.150, entitled “Restrictions on vehicles” of the Pasco Municipal Code, shall be and hereb y is amended to read as follows: 9.100.150 Restrictions on vehicles. It is unlawful to ride or drive any motorcycle, motor vehicle, motorized foot scooter, horse or pony over or through any park or on any trail except along and upon the park drives, parkways, or designated parking areas and on such trails as may be designated for motor vehicle or equestrian use, or to stand or park any vehicle, except in areas designated by the Director. This restriction shall not apply to any disabled person utilizing an electric assisted bicycle, a power wheelchair or a wheelchair conveyance as defined by RCW Title 46. Violation of any of the provisions of this section constitutes an class 2 civil infraction. [Ord. 3727 § 2, 2005; Ord. 3673 § 1, 2004; Ord. 3616 § 1, 2003; Code 1970 § 9.48.180.] Section 7. That Section 9.100.160, entitled “Skateboarding” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.160 Skateboarding. Unless otherwise posted, it is unlawful to use skateboards, in-line skates, roller skates, or bicycles on tennis courts and stages. It is unlawful to use skateboards, in-line skates, roller skates, or bicycles in any other area of a park if so posted. Violation of any of the provisions of this section constitutes an class 3 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.190.] Section 8. That Section 9.100.170, entitled “Noise” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.170 Noise. (1) No person shall, without prior written approval of the Director or authorized parks department employee, cause or allow to be emitted noise in a park which: Exceeds the maximum permissible noise levels set forth in Chapter 9.130 PMC; including, but not limited to: Page 70 of 95 Omnibus Ordinance - 4 (a) Any sound made by the unamplified human voice which emanates from a building, structure or property between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. (b) Any sound made by speaker sound amplifier or motor vehicle audio system exterior to the passenger sitting compartment of a motor vehicle on a public street or highway (anywhere within the right-of-right thereof) of a commercial radio station broadcast, or music from an audio tape cassette, compact disc, or other recording medium. (c) Any sound from a motor vehicle audio system such as tape players, radios, and compact disc players, operated at a volume and under conditions so as to be audible greater than 75 feet from the vehicle itself. (d) Any sound from portable audio equipment, such as a radio, tape player or compact disc player, which is operated at such a volume so as to be audible at a distance of 75 feet or more from the source of the sound. (2) Violation of any of the provisions of this section constitutes an class 3 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.200.] Section 9. That Section 9.100.180, entitled “Remote control models, hang gliders, hot air balloons” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.180 Remote control models, hang gliders, hot air balloons. It is unlawful to operate any remote control and/or motorized model aircraft, rocket, watercraft or similar device in any park, or to launch or land any hang glider or hot air balloon, except at places set apart by the Director for such purposes or as authorized by a permit from the Director. Violation of any of the provisions of this section constitutes an class 2 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.210.] Section 10. That Section 9.100.190, entitled “Trail use” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.190 Trail use. It is unlawful for any person to travel on a trail at a speed greater than is reasonable and prudent under the existing conditions and having regard to actual and potential hazards. In every event, speed shall be so controlled as may be necessary to avoid colliding with others who are complying with the law and using reasonable care. Violation of any of the provisions of this section constitutes an class 1 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.230.] Section 11. That Section 9.100.200, entitled “Golfing, baseball, swimming, etc.” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: Page 71 of 95 Omnibus Ordinance - 5 9.100.200 Golfing, baseball, swimming, etc. It is unlawful to practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, or similar games employing hard or dangerous objects except at places set apart for such purposes. It is unlawful to swim in any area where signs prohibiting swimming are posted or within 100 feet of a public dock, ramp, intake structure or navigational aid. Violation of any of the provisions of this section constitutes an class 1 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.240.] Section 12. That Section 9.100.220, entitled “Littering” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.220 Littering. No person shall leave, deposit, drop or scatter any bottles, broken glass, ashes, paper, plastic containers, cans or other rubbish, litter or refuse in any City park except in a garbage can or other receptacle designated for such purposes. Violation of any of the provisions of this section constitutes an class 2 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.250.] Section 13. That Section 9.100.230, entitled “Building fires” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.230 Building fires. It is unlawful to build any fires in any park except in areas so designated. Violation of any of the provisions of this section constitutes an class 1 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.260.] Section 14. That Section 9.100.240, entitled “Overnight camping” of the Pasco Municipal Code, shall be and hereby is repealed. 9.100.240 Overnight camping. Overnight camping is prohibited on park property except by written permission of the Director. A violation of this section is a class 2 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.270.] Section 15. That Section 9.100.260, entitled “Infraction penalties” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.260 Infraction penalties. Penalties for infractions included in this chapter shall be those penalty amounts as set forth in the Infraction Rules for Courts of Limited Jurisdiction, Rule 6.2(d)(3), Parks and Recreation, as amended, for violations of similar provisions of the Washington Administrative Code PMC 1.05.080. Any infraction not otherwise specifically identified by class shall be a class 2 civil infraction. [Code 1970 § 9.48.300.] Page 72 of 95 Omnibus Ordinance - 6 Section 16. That Section 9.100.270, currently entitled “Penalty for violations” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.270 Penalty for misdemeanor violations. Unless otherwise provided, aAny person found guilty of violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of identified as a misdemeanor shall be subject to punishments as provided in PMC 9.01.080. [Ord. 3616 § 1, 2003; Ord. 3052 § 3, 1994; Ord. 1326 § 3, 1968; Code 1970 § 9.48.310.] Section 17. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _______________, 2020. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ____________________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ____________________ Page 73 of 95 AGENDA REPORT FOR: City Council June 1, 2020 TO: Dave Zabell, City Manager Zach Ratkai, Director Administrative & Community Services Remote Regular Meeting: 7/6/20 FROM: Brent Kubalek, Recreation Services Manager Administrative & Community Services SUBJECT: *Resolution Authorizing the Washington State Recreation and Conservation Office (RCO) Grant Application I. REFERENCE(S): Site Photos Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ____, authorizing the City Manager, or his designee, to act as the authorized representative/agent on behalf of the City of Pasco and to legally bind the City of Pasco with respect to both the Highland Park Improvements Phase II Project and the Sacajawea Heritage Trail - Shared Use Improvements Project for which City staff seek grant funding assistance managed through the WA State Recreation and Conservation Office. III. FISCAL IMPACT: Highland Park Improvements Phase II: • $249,250 from City CIP and Donations from Pasco Youth Football (PYF). City would need to cover this amount if the donations from PYF fell through. • $350,000 Grant Request from the YAF Grant Program through RCO Sacajawea Heritage Trail Project: • $850,000 Commitment from City as part of the CIP • $1,827,000 Grant Request from the WWRP Trails Grant Program through RCO IV. HISTORY AND FACTS BRIEF: The Washington State Recreation and Conservation Office (RCO) manages grant programs to create outdoor recreational opportunities. RCO grants have been an Page 74 of 95 important funding source for the City in development of numerous parks and recreational projects in the past. RCO has issued a call for projects and staff is proposing submittal of these two projects for consideration in order to increase the City's chances for an award. Each of the projects described below, in some form, are within the adopted Capital Improvement Plan and support City Council Goals. The Highland Park Improvements Phase II project will replace the old and rusted "H" style goal posts with official "Y" style posts on the main field (field 1) and field 2. This will improve safety by reducing the possible collision points from 4 to 2 on ea ch field as well as move the poles back away from the field of play. Together with these on- field safety updates to the goal posts, this project will also install a centrally located ADA accessible restroom building with storage and office space. Currentl y, restroom needs are met through an outdated and undersized restroom facility and by a number of portable toilets brought in during each season. The Sacajawea Heritage Trail - The Shared Use Improvements project will reconstruct a 1.25 mile long segment of the Sacajawea Heritage Trail between Rd. 52 and Rd. 72. Currently, with few exceptions, the Sacajawea Heritage Trail runs all along the Columbia River from Chiawana Park on the west, to Sacajawea State Park on the east. The proposed 12-foot-wide trail will be 4 feet wider than the existing trail, and will meet industry standards for mixed use (bicycles/pedestrians). The improvements will match improvements already made on adjacent segments of trail, which meet current mixed use design standards. Widening will be accomplished by lowering the levee and the widened trail will be ADA compliant. The riverfront Sacajawea Trail is constantly used by walkers, runners, bikers, and other non-motorized modes of transportation. It frequently plays host to both recreational and competitive running and biking events. It is used by many to walk or bike to work. Rapid population growth has increased use of trail network and a continued investment in adjacent publicly accessible recreational facilities. Quality of public experience on the trail will continue to decrease as the trail is more heavily used, unless recommended widening is performed. Adjacent portions of existing trail have been upgraded to provide additional width in conformance with industry design guidelines for shared use trails. This project is a missing link in this bicycle/pedestrian friendly network and will also benefit disadvantaged neighborhoods. V. DISCUSSION: The proposed resolution authorizes the City to submit the grant application and states that we understand the City's commitment should the grant be awarded. Staff recommends approval of the proposed resolution. Page 75 of 95 [Page 76 of 95 Page 77 of 95 Page 1 of 3 RESOLUTION NO. _____________ HIGHLAND PARK IMPROVEMENTS - PHASE II PROJECT #: 20-1639 DEV & SACAJAWEA HERITAGE TRAIL - SHARED USE IMPROVEMENTS PROJECT #: 20-1871 DEV A RESOLUTION of the City of Pasco, Washington authorizing the person(s) identified below (in Section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW, THEREFORE, BE IT RESOLVED that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above “Project(s).” 2. Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: HIGHLAND PARK IMPROVEMENTS - PHASE II PROJECT #: 20-1639 DEV Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) N. Zach Ratkai, Administrative & Community Services Director Project contact (day-to-day administering of the grant and communicating with the RCO) Brent Kubalek, Recreational Services Manager RCO Grant Agreement (Agreement) N. Zach Ratkai, Administrative & Community Services Director Agreement amendments N. Zach Ratkai, Administrative & Community Services Director Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. N. Zach Ratkai, Administrative & Community Services Director SACAJAWEA HERITAGE TRAIL - SHARED USE IMPROVEMENTS PROJECT #: 20-1871 DEV Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) Steve Worley, Public Works Director Project contact (day-to-day administering of the grant and communicating with the RCO) Jonathan Padvorac (Senior Civil Engineer) RCO Grant Agreement (Agreement) Dave Zabell, City Manager Agreement amendments Dave Zabell, City Manager Page 78 of 95 Page 2 of 3 Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. Dave Zabell, City Manager The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. 3. Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office’s WEB SITE at: https://rco.wa.gov/wp- content/uploads/2019/06/SampleProjAgreement.pdf. We understand and acknowledge that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution. 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that it’s authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their assigned role/document. 5. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with our authorization. 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. Page 79 of 95 Page 3 of 3 10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. 11. Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto. 12. Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the Agreement or an amendment thereto. 13. This resolution/authorization is deemed to be part of the formal grant application to the Office. 14. Our organization warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s) on this ______day of ____________, 2020. On File at: City Of Pasco City Hall, 525 N. 3rd Ave. Pasco WA 99301 or www.pasco-wa.gov _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Washington State Attorney General’s Office Approved as to form 2/13/20 20 Assistant Attorney General Date Page 80 of 95 AGENDA REPORT FOR: City Council July 6, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 7/6/20 FROM: Dave Zabell, City Manager Executive SUBJECT: *Resolution - Ratify Emergency Order Related to COVID-19 I. REFERENCE(S): Proposed Resolution for Emergency Order No. 2020-007 - Temporary Changes to Outdoor Seating in C-1, C2 and C-3 Zones II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, ratifying Emergency Order No. 2020-007, relating to Temporary Changes to Outdoor Seating in C-1, C2 and C-3 Zones. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: On March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil emergency pursuant to the Pasco Municipal Code (PMC) Section 2.55.010 due to the COVID-19 emergency, which has caused a world-wide pandemic. The purpose of emergency orders (EO) allows the City, including its businesses and community members, to continue to conduct business, ensuring that the safety of everyone is secured, while maintaining the needed services for all. V. DISCUSSION: EOs require ratification of the City Council by resolution, below is a summary of the EO before Council tonight: Effective 12:01 a.m. on Friday, July 3, Franklin County was approved for a modified Page 81 of 95 Phase 1 of the state's Safe Start Phased Reopening Plan. The approval allows limited and modified openings for some businesses and activities, one of which includes outdoor seating for restaurants at 50% of allowable outdoor capacity. Pasco Municipal Code 25.185.170 requires a restaurant must dedicate one off-street parking space for every 100 square feet of floor area to accommodate patrons. With current restrictions on dine-in restaurant capacity, and limits on outdoor seating, it is unlikely establishments will utilize or require the number of existing off-street parking for the near future. To provide further assistance to our restaurants, temporary changes will allow additional outdoor seating capacity. Staff recommends Council ratification through the approval of the resolution as presented. Page 82 of 95 Resolution – Ratifying Emergency Order No. 2020-007 – Outdoor Seating RESOLUTION NO. _____________ A RESOLUTION OF THE CITY OF PASCO RATIFYING THE EMERGENCY ORDER RELATING TO NO. 2020-007 TEMPORARY CHANGES TO OUTDOOR SEATING IN C-1, C-2 AND C-3 ZONES. WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary, Alex Azar, declared a public emergency for the novel coronavirus (COVID-19) beginning on January 27, 2020; and WHEREAS, on February 29, 2020, Governor Jay Inslee signed a Proclamation declaring a State of Emergency exists in all counties in the State of Washington due to the number of confirmed cases of COVID-19 in the state and directed that plans and procedures of the Washington State Comprehensive Emergency Management Plan be implemented; and WHEREAS, beginning on March 11, 2020, the President of the United States, Donald J. Trump, directed the Federal Government to take numerous emergency measures to address the unprecedented nature of this public health crisis, including restrictions on all foreign travel outside United States of America due to the number of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil emergency pursuant to PMC 2.55.010; and WHEREAS, on March 17, 2020, the Department of Public Health of Benton and Franklin County announced the first local case of COVID-19; and WHEREAS, as the COVID-19 emergency worsens, there is an increasing likelihood that City residents, employees, and visitors will be exposed to the virus; and WHEREAS, on March 15, 2020, Governor Jay Inslee announced the temporary closure of all restaurants statewide, except for take-away and delivery orders; and WHEREAS, the economic disruptions to restaurants caused by COVID-19 have placed a sudden and severe financial strain on many restaurants and will increase the likelihood of restaurants struggling to meet existing financial commitments and remain open during and after the COVID-19 crisis; and WHEREAS, the City of Pasco has determined that restaurants may more fully accommodate patrons by utilizing outdoor spaces under the Governor’s Safe Start Plan, including adjacent sidewalks and parking areas assigned to that business; and WHEREAS, a civil emergency pursuant to PMC 2.55.010 continues to exist. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Page 83 of 95 Resolution – Ratifying Emergency Order No. 2020-007 – Outdoor Seating Be It Resolved, that the City Council confirms and ratifies Emergency Order 2020-007 related to Temporary Changes o Outdoor Seating in C-1, C-2 and C-3 Zones as presented in Exhibit A, attached hereto, and Be It Further Resolved, that this Resolution take effect the date Emergency Order 2020- 007 was signed by the Mayor of Pasco, Washington. PASSED by the City Council of the City of Pasco, Washington this 6th day of July, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 84 of 95 OFFICE OF THE MAYOR  (509) 545-3404  FAX (509) 545-3403 P.O. Box 293  525 North 3rd Ave.  Pasco, WA 99301 www.pasco-wa.gov Emergency Order No. 2020-007 – Outdoor Seating 1 Emergency Order No. 2020-007 Outdoor Seating WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary, Alex Azar, declared a public emergency for the novel coronavirus (COVID-19) beginning on January 27, 2020; and WHEREAS, on February 29, 2020, Governor Jay Inslee signed a Proclamation declaring a State of Emergency exists in all counties in the State of Washington due to the number of confirmed cases of COVID-19 in the State and directed that plans and procedures of the Washington State Comprehensive Emergency Management Plan be implemented; and WHEREAS, beginning on March 11, 2020, the President of the United States, Donald J. Trump, directed the Federal Government to take numerous emergency measures to address the unprecedented nature of this public health crisis, including restrictions on all foreign travel outside United States of America due to the number of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil emergency pursuant to PMC 2.55.010; and WHEREAS, on March 17, 2020, the Department of Public Health of Benton and Franklin County announced the first local case of COVID-19; and WHEREAS, on March 15, 2020, Governor Jay Inslee announced the temporary closure of all restaurants statewide, except for take-away and delivery orders; and WHEREAS, the economic disruptions to restaurants caused by COVID-19 have placed a sudden and severe financial strain on many restaurants and will increase the likelihood of restaurants struggling to meet existing financial commitments and remain open during and after the COVID-19 crisis; and WHEREAS, the City of Pasco has determined that restaurants may more fully accommodate patrons by utilizing outdoor spaces under the Governor’s Safe Start Plan, including adjacent sidewalks and parking areas assigned to that business; and WHEREAS, a civil emergency pursuant to PMC 2.55.010 continues to exist. NOW, THEREFORE, I, Saul Martinez, Mayor of the City of Pasco, ORDER under the emergency powers granted to me under the Proclamation of Emergency that: EXHIBIT A Page 85 of 95 Emergency Order – Outdoor Seating 2 1. The above recitals are true and correct in all respects; and 2. The City of Pasco shall allow sidewalk/café seating in the C-1; C-2 and C-3 Zoning Districts and any portions of the Pasco Municipal Code that would require suspension in order to comply with this Order, are hereby suspended. The City Manager is hereby authorized to use his discretion to implement this Order, generally under the following conditions: a. Sidewalk/café seating plan shall be approved by the City of Pasco Community & Economic Development Department. b. Off-street parking areas adjacent and dedicated for restaurants may be fenced off to provide additional seating, provided the area shall not exceed one-hundred percent (100%) of the interior seating space of the restaurant. Required off-street parking may be reduced by fifty percent (50%) during the duration of this Emergency Order. c. Handicapped parking stalls shall not be used for patron seating. d. Fences shall be no more than 42” high, and shall be decorative metal. e. Furnishings (tables/seating) shall be a durable material and complementary to the decorative fencing. Fencing and furnishings shall not be permanently affixed to the sidewalk. Fencing and furnishings shall be adequately weighted to prevent tipping. f. Clear access for pedestrians of at least 6’ shall be maintained along sidewalk corridors at all times. g. Maintenance of all allowed fencing and furnishings shall be the responsibility of the business owner/applicant. h. Additional outdoor lighting and/or signage in conjunction with the outdoor seating may be allowed. i. Curbside pick-up zones shall be maintained within 500’ of each restaurant. 3. This Order shall be in effect until rescinded by written order. DATED this __2_ day of July, 2020. _________________________________ Saul Martinez, Mayor Attest: _________________________________ Debra Barham, CMC City Clerk Page 86 of 95 AGENDA REPORT FOR: City Council June 30, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 7/6/20 FROM: Rick White, Director Community & Economic Development SUBJECT: Coronavirus Relief Fund I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to authorize use of up to one million dollars of the Department of Commerce Coronavirus Relief Funds for business assistance. III. FISCAL IMPACT: Receipt of approximately $2.25M in funds for expenses/relief related to COVID-19 with approximately $1.0M of that amount directed towards local business relief. IV. HISTORY AND FACTS BRIEF: The Washington State Department of Commerce announced nearly $300 million in federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funds awarded to the state to address COVID-19-related costs. Pasco has been allocated approximately $2.25M of this funding. Distribution of these funds will allow cities (and counties) to use their allocation for a variety of COVID-19 related expenses - including: • Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the emergency; • Medical and public health expenses; • Expenses of actions to facilitate compliance with public health measures; • Expenses associated with the provision of economic support in connection with the emergency; and • Any other COVID-19-related expenses reasonably necessary to the function of government that meet eligibility criteria. Page 87 of 95 Funds may be used for costs incurred by the local government in response to the COVID-19 public health emergency during the period March 1 through October 31, 2020. Pasco has contracted with the Department of Commerce to provide and receive the funds. The City has also opened applications slated to receive approximately $350,000 in Community Grant Block Development (CDBG-fundsCARES CV) of use for alleviating economic business distress related to the COVID-19 pandemic and will be able to use approximately $500K in accumulated HOME Consortium funds for use in providing economic assistance for residential tenants. V. DISCUSSION: Approximately $865K has been spent by the City on eligible activities related to COVID-19. Staff also estimates that prior to the eligibility period ending (October 31, 2020) an additional $1.8M will be further incurred for eligible activities undertaken by the City. A large portion of the expense thus far and anticipated going forward is attributable to benefits mandated by the federal government such as 80 hours of federal emergency leave as well as others, with a smaller portion attributed to COVID-19 related benefits recently passed by the Council. An estimated $800K of the $1.3M in labor costs is expected to be a reallocation of resources, as in, labor costs that were budgeted and would have been spent on other tasks. Because of the significant fiscal impacts to the City, in terms of operational costs, as the result of COVID-19, and the fact that revenues are significantly decreased during this time, the use of some of the CARES Act funding to cover eligible COVID -19 related expenses is recommended to lessen the City's reliance fund reserves. Staff recommends that the Council allocate the expected balance of approximately $1.0M of the Local CARES, alongside nearly $1.0M in HUD CARES - CV (HOME funds of $500K/CDBG - CV funds of $434K) to provide for other uses of the funds - including small business and "micro-enterprise" relief/assistance matching the focus of the CDBG CARES funding described above. Staff has developed guidelines and protocol with Federal and State guidance for administration of the CDBG CARES relief funds, and recommends that the CRF pass through fund guidelines include: • Minimum ($10K) and maximum ($30K) awards for assistance; • Minimum business location in Pasco and in operation for a minimum of 1 year; • Eligibility for businesses with 20 or less employees; and • Use of funds for "non-essential" business relief. Page 88 of 95 In distributing federal funds to beneficiaries, the factors noted above will drive the number of beneficiaries. The number of beneficiaries will have an impact on the bandwidth of the infrastructure processing, accounting and reporting on monies distributed.Which can impact the timeliness of the aid needed in the areas targeted. In this case and considering the economic circumstances affecting the community - staff requests Council allocate $1M for business relief. Page 89 of 95 Pasco City Council Meeting June 8, 2020 Page 90 of 95 Overview CDBG CARES -$434K HOME (Rental Assistance) -$500K Local CARES-$2.3M Page 91 of 95 Available Funds CDBG CARES -$434K HOME (Rental Assistance) -$500K Local CARES Staff recommends $800,000 to $1,000,000 Page 92 of 95 Council Guidance Size of loans –minimum and maximum for rental assistance and business loans Minimum residency/location requirements Award based on “essential” vs. “non- essential” status Frequency of eligibility –one-time or eligible for future awards if funds are available Page 93 of 95 Grant Structure Rental Assistance Funds Available -$500K HOME fund To residential tenants for rental assistance Business Assistance Funds Available -$434K + Local CARES as allocated by Council CDBG CARES & Local CARES funds To “micro-enterprise” relief/assistance (employee count of <5) and small business (employee count of >5 and <500)Page 94 of 95 Program Administration Finalize program guidelines Find partner that can manage the program and help the businesses with applications Page 95 of 95