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HomeMy WebLinkAbout2020.10.12 Council Remote Workshop PacketRemote Workshop Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. October 12, 2020 Page 1. REMOTE WORKSHOP INSTRUCTIONS: (a) The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Call-in information to GoToWebinar for "listen-only" mode is: (213) 929-4212 and use access code 555-318-622. 2. CALL TO ORDER: 3. ROLL CALL: (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS: 5. ITEMS FOR DISCUSSION: 3 - 40 (a) Tourism Promotion Area Update and 2021 Budget & Marketing Plan Presentation by Michael Novakovich, President/CEO, Visit Tri-Cities 41 - 50 (b) Ordinance - Preliminary Plat Timeline Extension (CA 2020-008) 51 - 67 (c) Resolution - Interlocal Agreement with Emergency Management Services 68 - 75 (d) Resolution - Sole Source Purchase for Self Contained Breathing Apparatus (SCBA) Purchase 76 - 86 (e) Resolution - Interlocal Agreement with Port of Pasco for Sewer Main Installation 87 - 101 (f) Resolution - 2019 Annual Action Plan Amendment for Use of CDBG- CV3 Funds for COVID-19 Response (BGAP2020-006) Page 1 of 156 Remote Workshop Meeting October 12, 2020 102 - 154 (g) Automated Photo Enforcement Program - Study Results 155 - 156 (h) Downtown Master Plan and Sign Code Update 6. MISCELLANEOUS COUNCIL DISCUSSION: 7. EXECUTIVE SESSION: 8. ADJOURNMENT: (a) REMINDERS: • Monday, October 12, 11:45 AM: Pasco Chamber of Commerce Membership Luncheon – Virtual Meeting • Thursday, October 15, 3:30 PM: Franklin County Emergency Management Council Meeting – Virtual Meeting (COUNCILMEMBER CRAIG MALONEY, Rep.; MAYOR SAUL MARTINEZ, Alt.) • Thursday, October 15, 4:00 PM: Tri-Cities National Park Committee Meeting – Virtual Meeting (MAYOR SAUL MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS, Alt.) • Friday, October 16, 10:00 AM: Benton-Franklin Council of Governments Board Meeting – Virtual Meeting (COUNCILMEMBER RUBEN ALVARADO, Rep., MAYOR PRO TEM BLANCHE BARAJAS, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 2 of 156 AGENDA REPORT FOR: City Council October 2, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 10/12/20 FROM: Angela Pashon, Senior Management Analyst Executive SUBJECT: Tourism Promotion Area Update and 2021 Budget & Marketing Plan I. REFERENCE(S): 2021 Budget and Marketing Plan PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation by Michael Novakovich, President/CEO, Visit Tri-Cities III. FISCAL IMPACT: $1,795,986 IV. HISTORY AND FACTS BRIEF: The Tourism Promotion Area (TPA) was formed in June 2004 through an interlocal agreement Interlocal The Richland. and Kennewick, with of Cities the Pasco, Agreement was formed to generate and administer the proceeds of a "per room night assessment" on hotels/motels in the Tri-Cities, imposed by the hotels themselves. V. DISCUSSION: The TPA "assessment" is remitted by the hotels to the state which, in turn, distributes it to the city in which it was collected. The City’s approval of the funds to the TPA, for use in accordance with the approved budget is required. Michael Novakavich, President/CEO of Visit Tri-Cities will present the proposed 2021 TPA Marketing Plan and Operating Budget with a request for City Council action at a future meeting. Page 3 of 156 2021 BUDGET & MARKETING PLAN Tri-City Regional Hotel-Motel Commission OPTION BPage 4 of 156 MISSION To promote, market and sell the region as a preferred destination to visitors. We will develop incremental visitation by promoting our destination products, programs and activities; the overall economic vitality of our communities and the quality of life for our citizens. VISION To be an industry leader for destination marketing in the Pacific Northwest; the primary source of visitor information and the lead advocate for visitor industry development in the Tri-Cities region. 1 Page 5 of 156 Please Note: The attached document reflects only those programs and costs associated with Tourism Promotion Area (TPA) funding. Visit TRI-CITIES manages many other aspects of tourism development, which are funded by hotel and lodging taxes and membership investment. Such programs include, Rivershore Enhancement, Media Outreach, Visitor Services and Member Development. CITY OF KENNEWICKCITY OF PASCOCITY OF RICHLAND Tourism Promotion Area Marketing Plan Prepared by Visit Tri-Cities for: 2 Page 6 of 156 It is with great pleasure that I present the Visit Tri-Cities Destination Marketing plan for use of Tourism Promotion Area funds. This plan provides a detailed overview of the state of our industry and our planned endeavors to drive economic impact through visitor spending. Included you will find strategies to rebuild our meetings & conventions business, sports events, and leisure travel after the adverse effects experienced due to COVID-19. The good news is that wanderlust is alive and well; there is pent up demand for travel and the strategies outlined in this plan have been designed to capitalize on this. Tourism is the tip of the spear as it relates to economic recovery and the Tri-Cities is poised to capitalize on this as industry recovery is expected to happen via drive markets. It’s the return of the road trip. The Puget Sound is our primary drive market. Portland, Spokane and Boise are also drive markets for the Tri-Cities. Our community makes for an ideal drive destination when you consider our wide-open spaces, magical places (think the Heart of Washington Wine Country) and our incredible weather. The activities outlined in this plan also help with traditional economic development endeavors as it all begins with a visit. The quality of life Visit Tri-Cities’ endeavors foster helps aid in the recruitment of talent, the recruitment of businesses and the retention of talent, which is a boon for our region. The visitor economy also helps support local businesses, which creates a healthy business climate that fosters new business investment. The visitor economy also supports approximately 6,000 jobs locally. Visitor spending this past year was roughly half-a-billion dollars. These dollars, along with the associated tax revenue generated by visitors, help to fund emergency services like police and fire, it supports teachers’ salaries and the funding of our schools, it aids in the maintenance of our roads, our parks and so much more. In short, the visitor economy helps build a safe community, and educated community, an employed community and a beautiful community filled with many amenities for all residents of our region to enjoy. Our entire team at Visit Tri-Cities is looking forward to rebuilding our tourism economy after the devastating impacts of the pandemic. We are launching numerous new digital platforms and a new website. We are also enhancing the abilities of our team with new skill sets and talents. All of this is being done for the benefit of our community as we grow our geographic reach, increase visitor engagement and drive visitor spending. We cannot wait to share our amazing community with a world that is eager to travel. P R E S ID E N T & C E O MESSAGE 3 Page 7 of 156 A C K N O W L E D G M E N T S We greatly appreciate the time and dedication of our city partners and hoteliers who meet monthly to provide Visit Tri-Cities with support and direction on how to invest the proceeds from the tourism promotion assessments collected in Kennewick, Pasco and Richland. TRI-CITY REGIONAL HOTEL-MOTEL COMMISSION Kennewick Mark Blotz, Clover Island Inn Jerry Beach, SpringHill Suites by Marriott Marie Mosley, Ex Officio, City of Kennewick Pasco Monica Hammerberg, Hampton Inn & Suites Pasco / Tri-Cities Vijay Patel, A-1 Hospitality Dave Zabell, Ex Officio, City of Pasco Richland Wendy Higgins, The Lodge at Columbia Point Andrew Lucero, Richland Courtyard by Marriott Cindy Reents, Ex Officio, City of Richland The Tourism Promotion Area is Managed by Visit Tri-Cities 4 Page 8 of 156 TA B L E O F C O N T E N T S Tourism 2021 Outlook 7-8 Competitive Situation Analysis 9-10 Meetings & Conventions 11-12 Sports Events 13-14 Tourism Development 15-16 Destination Marketing Organization (DMO) Funding Comparative 17-18 Appendix 20-24 5 Page 9 of 156 6 Page 10 of 156 T O U R IS M 2 0 2 1 : NATIONAL OUTLOOK The effects of the pandemic on the tourism industry were both immediate and severe. At the end March the term “shuttering” became common speak as hotels in every market closed their doors. Perhaps hardest hit was Hawaii with a 90.7% drop in occupancy to 7%. During this same time STR reported that three quarters of all hotel rooms across the country were sitting vacant. There has been slight recovery in the third quarter of the year, but 2020 year-end forecasts still predict a 37.1% decline over 2019. Furthermore STR predicts that U.S. hotel demand will not return completely to pre-pandemic levels until 2023, in fact “we expect it to take 11 quarters for the number of room nights sold to rise to the corresponding levels of 2019,” said Jan Freitag, STR’s senior vice president of lodging insights. U.S. Forecast - % Change (June 2020 Update) Key Performance Indicators (% Change vs. Prior Year) 2019A-2020F-2021F xx Source: `. 2020 © CoStar Reality Information, Inc REGIONAL OUTLOOK What were originally believed to be the very first cases of COVID 19 in the U.S. were discovered in Seattle around the first of March 2019. Demand for business and leisure travel quickly plummeted and by the first week of April hotel occupancies were hovering at around 10%. Soon other large cities in the Northwest experienced similar declines, although none quite as severe as Seattle. The pandemic, coupled with civil unrest, has hampered the already slow recovery for large cities as traveler sentiments favor rural destinations, which are viewed as safe and provide wide open spaces. The economic effects are devastating. Tourism Economics, an Oxford Economics Company, provided the below analysis for the eight-week period between June 7 and August 1, 2020 as reported by the U.S. Travel Association: Weekly Year on Year Change in Visitor Spending for Washington State (in millions) The loss in state taxes due to the fall out in visitor spending over the same time period, just eight short weeks, is estimated at $24 million. Metric 2019 Actual 2020 Forecast 2021 Forecast Supply +2.0%-4.4%+5.5% Supply (Total Room Inventory)*+2.0%+1.4%+1.3% Demand +1.9%-36.2%+35.4% Occupancy -0.1%-37.1%+33.7% ADR +0.9%21.4%+5.2% RevPar +0.8%-50.6%+40.6% Week ending June 13 June 20 June 27 July 4 July 11 July 18 July 15 August 1 Visitor spending -$273 -$265 -$255 -$214 -$247 -$245 -$244 -$222 7 Page 11 of 156 TRI-CITIES AREA OUTLOOK The impact of the pandemic has been challenging for all communities, but the Tri-Cities was especially hard hit. In April, confirmed cases of the virus in Benton and Franklin Counties lagged behind the rest of the state. By mid-May the number of residents infected per capita rose rapidly. As the summer months began Benton and Franklin Counties found themselves in the unenviable position of being identified as a “hot spot” in Washington State and not suitable for moving to the more desirable phases of the Governor’s Safe Start Washington recovery plan. This hit the tourism industry especially hard as the modified Phase 1 prohibited most non-essential travel, all inside dining, and for months only take-out was allowed for restaurants and wineries. Visit Tri-Cities took proactive measures, promoting tourism related businesses to local residents and encouraging increased patronage to create financial support for the industry. The return of visitors has been slow but continues to inch forward. The positive news is that studies show traveler sentiments indicate that once they are able to travel, visitors are looking forward to family trips to locations that can be reached by car and that feature outdoor recreation, wide open spaces and clean and safe facilities. We will continue our efforts to secure conventions and sporting events but will refocus new campaigns on the leisure traveler with features such as Bandwango packaged experiences and community passes. 2020 Performance January - August OCC ADR RevPar RevPar vs Prior Year Seattle 36.8%$133.49 $49.17 -67.5% Spokane 41.9%$90.59 $37.95 -52.3% Tacoma 51.9%$91.42 $47.47 -39.5% Tri-Cities 40.3%$83.90 $33.78 -44.8% Vancouver 50.3%$91.61 $46.06 -45.5% Yakima 34.2%$82.97 $28.37 -48.1% 8 Page 12 of 156 C O M P E T IT IV E S IT U AT IO N A N A LY S IS In order to promote the Tri-Cities as a preferred destination for group, business and leisure travelers, it is important to recognize both the strengths and challenges within our community and to set sales strategies accordingly. CONVENTION & SPORTS Destination Strengths Destination Challenges LEISURE TRAVEL Destination Strengths Destination Challenges • Variety of Hotels • Sports infrastructure • Positive Relationship Between Hotels and Meeting Venues • Three Rivers Convention Center • HAPO Center • Strong Sports Council • Competitive Pricing • Complimentary parking and wi-fi offered at all hotels and meeting venues • Opportunity Funds Available • Lack of Hotel Capable for 300+ Room Block • Meeting venues with larger meeting space in competing locations • Lack of Resort-Style Hotels with Meeting Space • Number of Meeting Rooms & Exhibit Space Available Under One Roof at Large Facilities • Lack of sports officials • Lack of Multi-Use Sports Facilities • Number of hotel rooms within walking distance of Convention Centers • Planners inability to make decisions in the current COVID-19 environment • Lack of sports field availability • Distance from I-5 corridor vs. competition • Destinations at more advanced Safe Start Washington Phases than Tri-Cities are able to allow groups to gather, including larger sized groups. • Heart of Washington Wine Country • Agritourism Assets: Farmers’ Markets and Festivals • Travel Writer Outreach • STEM Tourism Assets • Hanford B Reactor Tours • Water2Wine Cruise • Trail Systems • Weather • Water Recreation • Quality Restaurants & Retail Businesses • Riverfront Amenities • Seasonal Demand • Mountain & Snow Winter Driving • Difficult to Track • Budget Sensitive • Heavy Weekend Traffic on I-90 • Perceived Lack of Family Activities • Price of Airfare / Inconvenience of Air Travel 9 Page 13 of 156 BUSINESS TRAVEL Destination Strengths Destination Challenges • Less Price Sensitive for Airfare and Hotels • Recently Expanded Tri-Cities Airport • Mid-week Demand Complements Weekend and Convention Groups • Direct Flights From Denver, Salt Lake City, Seattle, Mesa/Pheonix, San Francisco and Minneapolis • Destination Choice not Influenced by Outside Forces • Very Dependent on Hanford Business Trends • Some flights cancelled in 2020 may be slow to return • Mostly Mid-Week Travel • Business travel reductions due to Covid-19 GUEST ROOM PRODUCTIVITY REQUEST FOR PROPOSAL (RFP) PRODUCTION * Estimated Production Market Segments 2019 Actuals 2020 Forecast*2021 Goals Convention Bookings 20,955 18,221 18,000 Conventions Cancelled due to COVID -20,166 Sports Bookings 25,085 9,331 20,000 Sports Cancelled due to COVID -23,605 Total Sports & Conventions 46,040 -16,219 38,000 2019 2020 2021 Leads Issued Qtr 1 40 60 45* Qtr 2 64 18 55* Qtr 3 74 30*60* Qtr 4 87 42*75* Total 265 150 235 10 Page 14 of 156 M E E T IN G S & C O N V E N T IO N S 1 8 ,0 0 0 $ 2 ,1 6 0 ,0 0 0 GUEST ROOMS BOOKED $ 4 ,8 0 0 ,9 5 0 ECONOMIC IMPACT DIRECT HOTEL SPENDING CONVENTION SALES The outlook for large conventions in the near term (2021) is somewhat concerning. The pandemic has turned the meetings industry upside down. Visit Tri-Cities has worked on the local and state level to create a path forward to allow groups to meet when protocols are observed, but the progress has been slow. Without a clear definition of when people can congregate, meeting planners are unable to make decisions. However, the recent turn of events has taught us that people need social interaction and the meetings and conventions segment will recover, albeit slower than business, leisure, and tournament-based travel. Destination Analysts conducted a national survey of 300 meeting planners in June of 2020 and they found that for those planners postponing events due to the pandemic, over 60% indicated it would be April of 2021 or later before the events take place and 48.5% indicated that at least a portion of any live event would include a virtual component. Furthermore, the sentiment by 71% of planners was that it will be the second half of 2021 or beyond before meetings return to normal. The typical booking window for conventions in the Tri-Cities is one to two years out on average, which will mean the competition will be fierce in 2021, not only to book events taking place in 2021, but to secure events for 2022 and beyond in what will clearly be a “buyer’s market”. 2021 ACTIONS Sales Blitzes: Develop two separate multi-day sales blitzes in Spring (Olympia) and Fall (location to be determined). If face to face sales appointments are not feasible, virtual events with meeting planners may be substituted. Customer Events: Organize meeting planner customer luncheon in the spring to promote the Tri-Cities as a destination. Event to be held in conjunction with Spring Sales Blitz. Arrange and host an offsite dinner and reception to be held during the Washington Society of Association of Executives 2021 Annual Conference taking place in the Tri-Cities June 9-11, 2021. Meeting Planner FAM Tours: Host qualified meeting planners for individuals, customized FAM tours. Relationships: Continue staff attendance at Washington Society of Association Executives (WSAE) and Meeting Professionals International (MPI) Washington Chapter and Professional Convention Management Association (PCMA) monthly/quarterly meetings to strengthen relationships with key meeting planners. Opportunity Fund: Utilize the opportunity fund specifically to offset costs for groups that block more than 300 rooms per night city-wide. Regional/State/National Conferences and Tradeshows: Attend the 2021 National Tour Association (NTA), Washington Society of Association Executives (WSAE) and Meeting Professionals International (MPI) Cascadia Annual Conferences. Participate in additional sponsorship opportunities at each of these events for increased exposure. 11 Page 15 of 156 Advertising Misc. Ad projects: $600 in Feb, July, Sept = $1,800 Cvent – enhanced listing on meeting planner website = $6,000 (Sept) DMAI –EmpowerMINT = $3,200 (Jan) Northwest Meetings and Events: ($2,500 each in Jan, Apr, July and Oct) = $10,000 Meetings News Northwest: Book of Lists (Oct) = $4,500 Trade Shows Meeting Planner Intl.: Registration ($300), buyer program ($675) fees = $975 (Jan) Meeting Planner Intl.: Sponsorship = $1,000 (Feb) Washington Society of Association Executives: Convention registration for 2 staff @ $400 each = $800 (May) Society of Government Meeting Professionals Winter Workshop: registration = $100 (Jan) National Tour Association = $1,600 (Oct) Travel Mileage for site inspections when VTC mobile is not available = $800 per year Professional Convention Management Association: attend 2 meetings per year; Apr and June at $500 each = $1,000 Washington Society of Association Execs: attend 2 meetings per year; May and Oct at $500 each = $1,000 Meeting Planners Intl.: Annual Convention: hotel, meals, and flight = $1,000 (Mar) Olympia Spring Sales Blitz: $500 per staff person, 4 people = $2,000 (Mar) Fall Sales Blitz: $500 per staff, 4 people = $2,000 (September) Washington Society of Association Execs Convention: hotel, meals, travel for 2 staff @ $500 each = $1,000 (Jun) Training Classes: continuing education courses for 2 staff, hotel, meals and travel @ $2,000 per session (May and Aug) = $4,000 Society of Government Meeting Professionals Winter Workshop: hotel, meals, travel= $300 (Feb) National Tour Association: hotel, meals, travel = $1,600 (Oct) Promo Items Amenities: $400: April, July and Sept = $1,200 Logo’d items: $350 in Feb and Aug = $700 Staff Development Continuing Education Training Courses: 3 staff to attend, $1,000 registration in March, May and Aug = $3,000 Dues & Subscriptions Washington Society Association Executives Sapphire level sponsorship $2,550 (Jan) Washington Society Association Executives Dues $265 each for 2 staff due = $530 (June) Meeting Planners International Dues $375 (Dec) Society Government Meeting Professionals Dues $400 (Apr) Religious Conference Management Association Dues $195 (May) Professional Conference Management Association Dues $485 (Mar) National Tour Association Dues $700 (Feb) Christian Meetings & Conventions Association Dues $250 (Jan) Military Reunion Connection Dues $250 (Feb) NTA Sponsorship $700 (Oct) CONVENTION SALES PROGRAM TOTAL:$ 5 6 ,0 1 0 45.5% $25,500 Advertising 8% $4,475 Trade Shows 5.5% $3,000 Staff Development 11.5% $6,435 Subscriptions 26% $14,700 Travel 3.5% $1,900 Promo 12 Page 16 of 156 S P O R T SE V E N T S 2021 ACTIONS • Sports Council: Organize and administer activities for the Tri-Cities Sports Council. • Advertising: Place print and digital advertising as appropriate in publications such as: Sports Events, Sports Destination Management, and Connect Sports. • Sales Blitz: Conduct two days of dedicated face to face sales calls in October. • Promote Resources: Update the sports facilities guide. • FAM Tours & Services: Arrange both virtual and in- person site inspections for tournament planners, provide tools and information for promotional purposes and provide on-site support to tournament planners during their events. • Opportunity Fund: Utilize the opportunity fund specifically to offset tournament costs for groups that block more than 300 rooms per night city-wide. • Tradeshows: Promote the Tri-Cities as a premier sports destination at National Tradeshow Events such as TEAMS, S.P.O.R.T.S, Esports Travel Summit, and Sports ETA. • Customer Events: Sponsor events at annual national sports tradeshows. • Bidding Fees: Bid on new regional/national level tournaments that demand bidding fees to host events. The outlook for sporting events and tournaments is a little brighter, perhaps in part because the attendees are so eager to return to normalcy. Coupled with this is the fact that many sporting events take place outdoors where it is easier to practice healthy protocols. There will be challenges to accommodate the changing schedule of events as high school state athletics move fall sports from 2020 to spring of 2021, creating scheduling conflicts and compression for the demand of facilities. 2 0 ,0 0 0 $ 2 ,2 0 0 ,1 0 0 GUEST ROOMS BOOKED $ 6 ,2 5 0 ,0 0 0 ECONOMIC IMPACT DIRECT HOTEL SPENDING 13 Page 17 of 156 Advertising Miscellaneous Ads to support tournaments: $925 ($100 Jan; $150 Mar; $325 May; $200 Nov; $150 Dec) Sports Events Magazine Featured Listing = $1,000 (Dec) Printed Sports Facilities Map = $800 (Jun) Bid Fees USTA Tennis = $5,000 (Aug) National Association of Intercollegiate Athletics, Softball Opening Rounds = $5,000 (May) Iron Man Triathlon = ($15,000 in Juy) Promo Items Sports Amenities: $600 (Apr, Sept) = $1,200 Trade Shows TEAMS Conference: registration = $2,600 (Feb) TEAMS Conference: sponsorship = $7,400 (Feb) S.P.O.R.T.S-Relationship Conference: registration $1,400, sponsorship $4,500 = $5,900 (Mar) National Association of Sports Commissions (NASC) Symposium: $1,395 for staff #1, $995 for staff #2 = $2,390 (Dec) Connect Sports Marketplace: registration $4,250, sponsorship $6,750 = $11,000 (Mar) eSportsTravel Summit: registration = $1,400 (Feb) Travel National Association of Sports Commissions (NASC) Symposium: $1,420 per staff (Hotel-$180 x 4 = $720; Airfare-$575; Meals- $125) = $1,420 (Apr) TEAMS Conference: (Hotel-$180 x 4 =$720; Airfare-$875; Meals-$150) = $1,745 (Oct) S.P.O.R.T.S-Relationship Conference: (Hotel-$180 x 4 =$720; Airfare-$875; Meals-$150) = $1,745 (Sept) Connect Sports Marketplace: (Hotel = $950, Airfare = $700, Meals = $150) = $1,800 (Aug) eSportsTravel Summit: (Hotel-$180 x 3 =$540; Airfare-$800; Meals-$150) = $1,490 (July) Staff Development, Continuing Education Travel: $2,000 in May = $2,000 Mileage for site inspections when VTC mobile is not available = $300 per year Staff Development Continuing Education Training Courses: $1,000 registration in July = $1,000 Dues & Subscriptions National Association of Sports Commissions (NASC) Membership: $795 (Dec) SPORTS PROGRAM TOTAL:$ 7 1 ,9 1 0 3.7% $2,725 Advertising 35% $25,000 Bid Fees 14.6% $10,500 Travel 42.7% $30,690 Trade Shows 1.4% $1,000 Staff Development 1% $795 Subscriptions 1.6% $1,200 Promo 14 Page 18 of 156 T O U R IS TD E V E LO P M E N T 2021 ACTIONS • Website: The Visit Tri-Cities website, VisitTri-Cities.com, is the one of the organization’s primary marketing tools and all campaigns direct consumers to the website. In early 2021 Visit Tri- Cities will launch a newly designed website featuring improved digital technology and user interface/user experience capabilities. • Promote the Destination: Promote increased leisure travel through development of campaigns targeting wine enthusiasts, golfers, outdoor adventurers and STEM tourism; particularly those visitors residing within a few hours drive. • TBEX: In August the Tri-Cities will host TBEX, which will attract 550-600 travel bloggers to the region. While here they will enjoy four days of activities and 50 select bloggers will be hosted for pre- conference familiarization experiences. The exposure the community will receive as these 550 content creators share their experiences with their followers is invaluable and unparalleled to previous media outreach efforts. • Travel Trade Shows: Target wine enthusiasts through Taste Washington (tentative) and Vintage Spokane. • Materials: Develop marketing materials including the Official Tri-Cities Visitor Guide. In 2021 we will migrate to digital publications, reducing the number of hard copy marketing pieces produced. Most visitors access information digitally and in a post-Covid environment many people are leary of traditional paper publications. Digital publications are also easier to update and keep current, which benefits the user as well as tourism-based businesses and attractions. • Advertise: Digital and social media advertising will supplement the traditional advertising. The advertising budget calls for a little more flexibility to target not only seasonal needs as they arise, but to allow for flexibility. Government regulations for travel are uncertain and consumer sentiment may change the way people travel and what attractions are popular. Our marketing strategies and campaigns will be nimble and will primarily focus on drive-in markets until consumer confidence in air travel returns. The Puget Sound region will continue to be key for regional campaigns because the largest population is centered there. National campaigns will be added where it makes sense. • Social Media: Visit TRI-CITIES promotes the destination through Tri-Cities WA (24,976 followers) on Facebook, as well as through Twitter, Instagram, and Pinterest. • Technology: We will continue to lead the industry in technology and improve visitor experience by investing in programs and platforms such as Bandwango (visitor passes and packages); SkyNav (virtual 360 tours of community attractions) See Source (consumer analytics) and Kuula (virtual site inspections for meeting and sports facilities. • Tri-Cities Wine Tourism Council: There has long been the need to assist wine industry related businesses in becoming more cohesive and organized in order to market the region. Visit Tri-Cities staff provides management and leadership for the Tri-Cities Wine Tourism Council, which works on marketing projects designed to increase wine tourism. • Packages: Work with member hotels to showcase their existing packages to travel media and on the Visit Tri-Cities website. • Consumer e-News: User generated content on the website and social media channels will be supplemented by quarterly consumer newsletters targeted to interest groups (outdoor recreation, wine, science) to compel readers to plan leisure travel to the region. 15 Page 19 of 156 Advertising WTA State Official Visitor Guide: $3,900 (Nov) (Remainder Paid by Hotel-Motel Tax) Social Media/Google Ads = $1,000 (Jan, June, Nov) $2,000 (Feb, Mar, Apr, May, July, Aug, Sept, Oct) $600 (Dec) = $19,600 Television Commercials in Puget Sound Region $25,000 each for Spring (May/June) and Fall (Aug/ Sept) = $50,000 Digital Ad Campaigns targeting group, sports, leisure travel, varying by market and time frame as needed = $450,000 ($112,500 per quarter, Mar, June, Sept, Dec) Trade Shows Spokane Wine Show “Vintage Spokane” in May = $2,065 Travel Tri-Cities Wine Tourism Council: Travel allowance to support Tradeshows $600 each show, 1 staff member (Mar, Sept) = $1,200 Training Classes: continuing education courses for 3 staff, hotel, meals and travel @ $2,000 per session (Mar, May, and Sept) = $6,000 Staff Development Continuing Education Training Courses: 4 staff to attend, $1,000 registration in Mar, May, July and Sept = $4,000 Website / Internet Marketing Invest in Search Engine Optimization for new website: SEO Package $9,000 a quarter (Jan, Apr, July, Oct) = $36,000 Promo Items Registration Bags in Feb = $1,450 Logo’d Swag $1,200 in Apr and Aug = $2,400 Computer Licensing Fee Website Hosting Fee: $25,000 annually = ($6,250 a quarter, March, June, Sept, Dec) iDss: $2,250 per quarter (March, June, September, December) Blue Buzzard: $130 monthly = $1,560 TOTAL TOURISM DEVELOPMENT PROGRAM COST:$ 6 1 2 ,1 7 5 86% $523,500 Advertising 5.8% $36,000 Website 5.4% $35,560 Computer License Fee .6% $3,850 Promo.7% $4,000 Staff Develop. 1.2% $7,200 Travel 0.3% $2,065 Tradeshows 16 Page 20 of 156 D E S T IN AT IO N M A R K E T IN G O R G A N IZ AT IO N (D M O ) F U N D IN G C O M PA R AT IV E The following chart provides historical look at hotel-motel tax investments in key competitive markets. These figures are based on 2019 projections since it is difficult to forecast for 2020 or 2021 with any degree of accuracy: 0 0 Seattle*Spokane Seattle Southside TacomaYakima Valley Tri-Cities Vancouver Walla Walla $7,500,000 $15,000,000 $22,500,000 Seattle*Spokane Tacoma*Seattle Southside Walla Walla Yakima ValleyTri-Cities Vancouver $3,000,000 $6,000,000 $9,000,000 $12,000,000 The following chart provides historical look at a total budget comparative (including Hotel Motel Tax, Membership Investments and Tourism Promotion Assessment) in key competitive markets. These figures are based on 2019 projections since it is difficult to forecast for 2020 or 2021 with any degree of accuracy: $24,973,764 $7,302,244 $2,700,000$2,821,600 $3,610,371 $2,164,966 $1,107,000 0 0 Seattle*Spokane Seattle Southside TacomaYakima Valley Tri-Cities Vancouver Walla Walla $7,500,000 $15,000,000 $22,500,000 Seattle*Spokane Tacoma*Seattle Southside Walla Walla Yakima ValleyTri-Cities Vancouver $3,000,000 $6,000,000 $9,000,000 $12,000,000 * Includes Sports Council $11,642,510 $2,412,500 $655,000$1,088,000 $670,000 $641,800$706,659 $314,666 $5,105,500 17 Page 21 of 156 The following chart provides historical look at a tourism promotion assessments in key competitive markets. These figures are based on 2019 projections since it is difficult to forecast for 2020 or 2021 with any degree of accuracy: 0 Seattle*SpokaneSeattle Southside Tacoma Yakima ValleyTri-Cities Vancouver Walla Walla $2,000,000 $4,000,000 $6,000,000 $8,000,000 $8,086,542 $3,900,000 $4,393,488 $2,421,271 $1,841,900 $1,200,000 $645,$375,000 18 000 Page 22 of 156 APPENDIX 19 Page 23 of 156 C O N V E N T IO N , T O U R , & G R O U P S A L E S APPENDIX 20 Page 24 of 156 SPORTS GROUP SALES Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Total Advertising $100 $0 $150 $0 $325 $800 $0 $0 $0 $0 $200 $1,150 $2,725 Bidding Fees $0 $0 $0 $0 $5,000 $0 $15,000 $5,000 $0 $0 $0 $0 $25,000 Travel $300 $0 $0 $1,420 $2,000 $0 $1,490 $1,800 $1,745 $1,745 $0 $0 $10,500 Trade Show $0 $11,400 $16,900 $0 $0 $0 $0 $0 $0 $0 $0 $2,390 $30,690 Staff Development $0 $0 $0 $0 $0 $0 $1,000 $0 $0 $0 $0 $0 $1,000 Promo items $0 $0 $0 $600 $0 $0 $0 $0 $600 $0 $0 $0 $1,200 Dues/Subsc. $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $795 $795 Totals: $400 $11,400 $17,050 $2,020 $7,325 $800 $17,490 $6,800 $2,345 $1,745 $200 $4,335 $71,910 Advertising: Miscellaneous Ads to support tournaments: $925 ($100 Jan; $150 Mar; $325 May; $200 Nov; $150 Dec) Sports Events Magazine Featured Listing = $1,000 (Dec) Printed Sports Facilities Map = $800 (Jun) Bidding Fees: USTA Tennis = $5,000 (Aug) National Association of Intercollegiate Athletics, Softball Opening Rounds = $5,000 (May) Iron Man Triathlon = ($15,000 in Juy) Travel: National Association of Sports Commissions (NASC) Symposium: $1,420 per staff (Hotel-$180 x 4 = $720; Airfare-$575; Meals- $125) = $1,420 (Apr) TEAMS Conference: (Hotel-$180 x 4 =$720; Airfare-$875; Meals-$150) = $1,745 (Oct) S.P.O.R.T.S-Relationship Conference: (Hotel-$180 x 4 =$720; Airfare-$875; Meals-$150) = $1,745 (Sept) Connect Sports Marketplace: (Hotel = $950, Airfare = $700, Meals = $150) = $1,800 (Aug) eSportsTravel Summit: (Hotel-$180 x 3 =$540; Airfare-$800; Meals-$150) = $1,490 (July) Staff Development, Continuing Education Travel: $2,000 in May = $2,000 Mileage for site inspections when VTC mobile is not available = $300 per year Trade Show: TEAMS Conference: registration = $2,600 (Feb) TEAMS Conference: sponsorship = $7,400 (Feb) S.P.O.R.T.S-Relationship Conference: registration $1,400, sponsorship $4,500 = $5,900 (Mar) National Association of Sports Commissions (NASC) Symposium: $1,395 for staff #1, $995 for staff #2 = $2,390 (Dec) Connect Sports Marketplace: registration $4,250, sponsorship $6,750 = $11,000 (Mar) eSportsTravel Summit: registration = $1,400 (Feb) Staff Development: Continuing Education Training Courses: $1,000 registration in July = $1,000 Promo Items: Sports Amenities: $600 (Apr, Sept) = $1,200 Dues and Subscriptions: National Association of Sports Commissions (NASC) Membership: $795 (Dec) SPORTS GROUP SALES Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Total Advertising $100 $0 $150 $0 $325 $800 $0 $0 $0 $0 $200 $1,150 $2,725 Bidding Fees $0 $0 $0 $0 $5,000 $0 $15,000 $5,000 $0 $0 $0 $0 $25,000 Travel $300 $0 $0 $1,420 $2,000 $0 $1,490 $1,800 $1,745 $1,745 $0 $0 $10,500 Trade Show $0 $11,400 $16,900 $0 $0 $0 $0 $0 $0 $0 $0 $2,390 $30,690 Staff Development $0 $0 $0 $0 $0 $0 $1,000 $0 $0 $0 $0 $0 $1,000 Promo items $0 $0 $0 $600 $0 $0 $0 $0 $600 $0 $0 $0 $1,200 Dues/Subsc. $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $795 $795 Totals: $400 $11,400 $17,050 $2,020 $7,325 $800 $17,490 $6,800 $2,345 $1,745 $200 $4,335 $71,910 Advertising: Miscellaneous Ads to support tournaments: $925 ($100 Jan; $150 Mar; $325 May; $200 Nov; $150 Dec) Sports Events Magazine Featured Listing = $1,000 (Dec) Printed Sports Facilities Map = $800 (Jun) Bidding Fees: USTA Tennis = $5,000 (Aug) National Association of Intercollegiate Athletics, Softball Opening Rounds = $5,000 (May) Iron Man Triathlon = ($15,000 in Juy) Travel: National Association of Sports Commissions (NASC) Symposium: $1,420 per staff (Hotel-$180 x 4 = $720; Airfare-$575; Meals- $125) = $1,420 (Apr) TEAMS Conference: (Hotel-$180 x 4 =$720; Airfare-$875; Meals-$150) = $1,745 (Oct) S.P.O.R.T.S-Relationship Conference: (Hotel-$180 x 4 =$720; Airfare-$875; Meals-$150) = $1,745 (Sept) Connect Sports Marketplace: (Hotel = $950, Airfare = $700, Meals = $150) = $1,800 (Aug) eSportsTravel Summit: (Hotel-$180 x 3 =$540; Airfare-$800; Meals-$150) = $1,490 (July) Staff Development, Continuing Education Travel: $2,000 in May = $2,000 Mileage for site inspections when VTC mobile is not available = $300 per year Trade Show: TEAMS Conference: registration = $2,600 (Feb) TEAMS Conference: sponsorship = $7,400 (Feb) S.P.O.R.T.S-Relationship Conference: registration $1,400, sponsorship $4,500 = $5,900 (Mar) National Association of Sports Commissions (NASC) Symposium: $1,395 for staff #1, $995 for staff #2 = $2,390 (Dec) Connect Sports Marketplace: registration $4,250, sponsorship $6,750 = $11,000 (Mar) eSportsTravel Summit: registration = $1,400 (Feb) Staff Development: Continuing Education Training Courses: $1,000 registration in July = $1,000 Promo Items: Sports Amenities: $600 (Apr, Sept) = $1,200 S P O R T S G R O U P S A L E S APPENDIX 21 Page 25 of 156 TOURISM DEVELOPMENT Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Total Advertising $1,000 $2,000 $114,500 $2,000 $14,500 $126,000 $2,000 $14,500 $127,000 $2,000 $5,500 $112,500 $523,500 Travel $0 $0 $2,600 $0 $2,000 $0 $00 $0 $2,600 $0 $0 $0 $7,200 Staff Development $0 $0 $1,000 $0 $1,000 $0 $1,000 $0 $1,000 $0 $0 $0 $4,000 Trade Show $0 $0 $0 $0 $2,065 $0 $0 $0 $0 $0 $0 $0 $2,065 Website $9,000 $0 $0 $9,000 $0 $0 $9,000 $0 $0 $9,000 $0 $0 $36,000 Licensing Fees $130 $130 $8,630 $130 $130 $8,630 $130 $130 $8,630 $130 $130 $8,630 $35,560 Promo Items $0 $1,450 $0 $1,200 $0 $0 $0 $1,200 $0 $0 $0 $0 $3,850 Totals: $10,130 $3,580 $126,730 $12,330 $19,695 $134,630 $12,130 $15,830 $139,230 $11,130 $5,630 $121,130 $612,175 Advertising: WTA State Official Visitor Guide: $3,900 (Nov) (Remainder Paid by Hotel-Motel Tax) Social Media/Google Ads = $1,000 (Jan, June, Nov) $2,000 (Feb, Mar, Apr, May, July, Aug, Sept, Oct) $600 (Dec) = $19,600 Television Commercials in Puget Sound Region $25,000 each for Spring (May/June) and Fall (Aug/Sept) = $50,000 Digital Ad Campaigns targeting group, sports, leisure travel, varying by market and time frame as needed = $450,000 ($112,500 per quarter, Mar, June, Sept, Dec) Trade Shows: Spokane Wine Show “Vintage Spokane” in May = $2,065 Travel: Tri-Cities Wine Tourism Council: Travel allowance to support Tradeshows $600 each show, 1 staff member (Mar, Sept) = $1,200 Training Classes: continuing education courses for 3 staff, hotel, meals and travel @ $2,000 per session (Mar, May, and Sept) = $6,000 Staff Development: Continuing Education Training Courses: 4 staff to attend, $1,000 registration in Mar, May, July and Sept = $4,000 Website/ Internet Marketing: Invest in Search Engine Optimization for new website: SEO Package $9,000 a quarter (Jan, Apr, July, Oct) = $36,000 Computer Licensing Fee: Website Hosting Fee: $25,000 annually = ($6,250 a quarter, March, June, Sept, Dec) iDss: $2,250 per quarter (March, June, September, December) Blue Buzzard: $130 monthly = $1,560 TOURISM DEVELOPMENT Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Total Advertising $1,000 $2,000 $114,500 $2,000 $14,500 $126,000 $2,000 $14,500 $127,000 $2,000 $5,500 $112,500 $523,500 Travel $0 $0 $2,600 $0 $2,000 $0 $00 $0 $2,600 $0 $0 $0 $7,200 Staff Development $0 $0 $1,000 $0 $1,000 $0 $1,000 $0 $1,000 $0 $0 $0 $4,000 Trade Show $0 $0 $0 $0 $2,065 $0 $0 $0 $0 $0 $0 $0 $2,065 Website $9,000 $0 $0 $9,000 $0 $0 $9,000 $0 $0 $9,000 $0 $0 $36,000 Licensing Fees $130 $130 $8,630 $130 $130 $8,630 $130 $130 $8,630 $130 $130 $8,630 $35,560 Promo Items $0 $1,450 $0 $1,200 $0 $0 $0 $1,200 $0 $0 $0 $0 $3,850 Totals: $10,130 $3,580 $126,730 $12,330 $19,695 $134,630 $12,130 $15,830 $139,230 $11,130 $5,630 $121,130 $612,175 Advertising: WTA State Official Visitor Guide: $3,900 (Nov) (Remainder Paid by Hotel-Motel Tax) Social Media/Google Ads = $1,000 (Jan, June, Nov) $2,000 (Feb, Mar, Apr, May, July, Aug, Sept, Oct) $600 (Dec) = $19,600 Television Commercials in Puget Sound Region $25,000 each for Spring (May/June) and Fall (Aug/Sept) = $50,000 Digital Ad Campaigns targeting group, sports, leisure travel, varying by market and time frame as needed = $450,000 ($112,500 per quarter, Mar, June, Sept, Dec) Trade Shows: Spokane Wine Show “Vintage Spokane” in May = $2,065 Travel: Tri-Cities Wine Tourism Council: Travel allowance to support Tradeshows $600 each show, 1 staff member (Mar, Sept) = $1,200 Training Classes: continuing education courses for 3 staff, hotel, meals and travel @ $2,000 per session (Mar, May, and Sept) = $6,000 Staff Development: Continuing Education Training Courses: 4 staff to attend, $1,000 registration in Mar, May, July and Sept = $4,000 Website/ Internet Marketing: Invest in Search Engine Optimization for new website: SEO Package $9,000 a quarter (Jan, Apr, July, Oct) = $36,000 Computer Licensing Fee: Website Hosting Fee: $25,000 annually = ($6,250 a quarter, March, June, Sept, Dec) iDss: $2,250 per quarter (March, June, September, December) Blue Buzzard: $130 monthly = $1,560 Promo Items: Registration Bags in Feb = $1,450 Logo’d Swag $1,200 in Apr and Aug = $2,400 T O U R IS M D E V E LO P M E N T APPENDIX 22 Page 26 of 156 2021 TPA Budget Revenue 2020 Budget 2020 Forecast 2021 Projected Budget Variance to 2020 budget Variance to 2020 F/C City of Kennewick 694,098$ 425,841$ 772,273$ 78,175 346,432$ City of Pasco 338,978$ 193,766$ 395,117$ 56,139 201,351$ City of Richland 581,105$ 335,272$ 628,596$ 47,491 293,324$ 1000 Total Revenues:1,614,181$ 954,879$ 1,795,986$ 181,805 841,107$ 0 -$ Expense 0 -$ 5010 Salaries 688,727.00$ $461,261 563,837$ -124,890 102,576$ 5012 401k 27,602.00$ $14,668 22,553$ -5,049 7,885$ 5015 Health Insurance 110,793.00$ $77,446 86,753$ -24,040 9,307$ 5030 Payroll Taxes 61,986.00$ $44,648 50,745$ -11,241 6,097$ 5035 Accounting Services 24,747.00$ $24,705 24,747$ 0 42$ 5050 Telephone & Toll free 7,500.00$ $8,278 7,500$ 0 (778)$ 5060 Office Expense 12,000.00$ $8,777 10,000$ -2,000 1,223$ 5070 Office Insurance 4,800.00$ $3,562 4,200$ -600 638$ 5080 Postage 7,500.00$ $6,201 7,000$ -500 799$ 5085 VTC Mobile $3,660 $1,566 3,660$ 0 2,094$ 5090 Equipment Upkeep 22,500.00$ $15,171 22,000$ -500 6,829$ 5095 Capital Expenditures 8,500.00$ $3,344 10,000$ 1,500 6,656$ 5100 Office Rent 63,000.00$ $43,629 63,000$ 0 19,371$ 5105 Legal/Professional 2,000.00$ $1,916 2,500$ 500 584$ 5110 Dues & Subscriptions 7,200.00$ $5,485 7,200$ 0 1,715$ 5112 Platform Fees -$ $0 41,500$ 41,500 41,500$ 5115 Computer Licensing Fee 23,000.00$ $20,024 36,000$ 13,000 15,976$ 5225 Website Maintenance 20,000.00$ $21,968 36,000$ 16,000 14,032$ 5230 Training 10,000.00$ $0 9,000$ -1,000 9,000$ 5290 Advertising/Marketing 312,236.00$ $180,333 552,091$ 239,855 371,758$ 5300 Promo Items *7,000.00$ $5,700 7,000$ 0 1,300$ 5310 Bid Fees 13,000.00$ 25,000$ 12,000 25,000$ 5313 Customer Events *$0 -$ 0 -$ 5315 Travel 43,520.00$ $2,500 37,200$ -6,320 34,700$ 5317 Trade Shows 42,830.00$ 12,595$ 46,500$ 3,670 33,905$ 5500 Opportunity Fund 90,000.00$ 16,000$ 120,000$ 30,000 104,000$ Total Expenses 1,614,101$ $1,064,811 1,795,986$ 2 0 2 1 T PA B U D G E T APPENDIX 23 Page 27 of 156 D E S T IN AT IO N M A R K E T IN G F U N D IN G C O M PA R AT IV E APPENDIX The following chart provides historical look at a total budget comparative (including Hotel Motel Tax, Membership Investments and Tourism Promotion Assessment) in key competitive markets. These gures are based on 2019 projections since it is dicult to forecast for 2020 or 2021 with any degree of accuracy: Competing City Bureau Budget Number of Hotel Rooms $ Spent per Room Visit Seattle & Sports Council $24,973,764 14,393 $1,735 Visit Spokane $7,302,244 8,167 $894 Seattle Southside Tourism Authority $5,105,500 8,786 $581 Visit Tri -Cities $3,610 ,371 4,506 $801 Yakima Valley Tourism $2,821,600 2,424 $1,164 Travel Tacoma & Sports Council $2,700,000 7,200 $375 Visit Vancouver USA $2,164,966 2,900 $747 Walla Walla Tourism $1,107,000 1,000 $1,107 The following chart provides historical look at hotel-motel tax investments in key competitive markets. These gures are based on 2019 projections since it is dicult to forecast for 2020 or 2021 with any degree of accuracy: Competing City Hotel Motel Tax Number of Hotel Rooms $ Spent per Room Visit Seattle & Sports Council $11,642,510 14,393 $809 Visit Spokane $2,412,500 8,167 $295 Seattle Southside Tourism Authority $1,088,000 8,786 $124 Visit Tri -Cities $706,659 4,506 $157 Walla Walla Tourism $670,000 1,000 $670 Travel Tacoma & Sports Council $655,000 7,200 $91 Yakima Valley Tourism $641,800 2,424 $265 Visit Vancouver USA $314,666 2,900 $109 The following chart provides historical look at a tourism promotion assessments in key competitive markets. These gures are based on 2019 projections since it is dicult to forecast for 2020 or 2021 with any degree of accuracy: Competing City TPA Collection Number of Hotel Rooms $ Spent per Room Visit Seattle & Sports Council $8,086,542 14,393 $562 Visit Spokane $4,393,488 6,008* $731 Seattle Southside Tourism Authority $3,900,000 8,786 $444 Visit Tri -Cities $2,421,271 4,506 $537 Visit Vancouver USA $1,841,900 2,900 $635 Travel Tacoma & Sports Commission $1,200,000 7,200* $167 Yakima Valley Tourism $645,000 2,424 $266 Walla Walla Tourism $375,000 930* $403 *Not all hotels contribute to the Hotel Motel Tax and/or Tourism Promotion Assessment. 24 Page 28 of 156 7130 W. Grandridge Blvd., Ste. B Kennewick, WA 99336 (509) 735-8486 I (800) 254-5824 VisitTri-Cities.com Page 29 of 156 CITY OF PASCO October 12, 2020 VISIT TRI-CITIES TRI-CITY REGIONAL HOTEL-MOTEL COMMISION MARKETING PLAN Page 30 of 156 ITEMS FOR DISCUSSION Tourism Promotional Area Programs Proposed TPA Increase TPA Budget Page 31 of 156 •Convention, Sports and Group Marketing •Digital Advertising •Social Media Advertising •Broadcast Advertising •Earned Media/Travel Writers •Wine Country, STEM, and Outdoor Advertising •Website •Regional and National Tradeshows •Opportunity Fund Grants PROMOTION ASSESSMENT FUNDED BY TOURISM Page 32 of 156 City of Richland Wendy Higgins, The Lodge at Columbia Point Andrew Lucero, Courtyard by Marriott Cindy Reents,Ex Officio, City of Richland City of Kennewick Mark Blotz, Clover Island Inn Jerry Beach, SpringHill Suites by Marriott Marie Mosley, Ex Officio, City of Kennewick City of Pasco Monica Hammerberg, Hampton Inn & Suites Pasco / Tri-Cities Vijay Patel, A-1 Hospitality Dave Zabell, Ex Officio, City of Pasco TRI-CITY REGIONAL HOTEL-MOTEL COMMISSION Page 33 of 156 ≈ May/June Hotel Surveys Completed July Hotel Commission Review of Surveys August First Draft Prepared September Hotel Commissioners Approve Plan October 1st Delivered to Cities for City Council Review and Final Approval HOW THE MARKETING PLAN IS DEVELOPED Page 34 of 156 2020 TOURISM OUTLOOK Page 35 of 156 Page 36 of 156 Page 37 of 156 Page 38 of 156 Page 39 of 156 THANK YOUPage 40 of 156 AGENDA REPORT FOR: City Council October 8, 2020 TO: Dave Zabell, City Manager Rick White, Director, Community & Economic Development Remote Workshop Meeting: 10/12/20 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Ordinance - Preliminary Plat Timeline Extension (CA 2020-008) I. REFERENCE(S): Proposed Ordinance PC Report from September 17, 2020 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In 2013, the Washington State Legislature amended RCW 58.17.140, extending the time period after preliminary plat approval within which a subdivider has to file for final plat. As part of that legislation, a city or county retains the authority to adopt, by ordinance, procedures to allow extensions of the statutory time period for filing a final plat, such extensions may include “additional or altered conditions and requirements” (RCW 58.17.140(4)). To date, the City has not adopted such an ordinance, without which the statutory time period 5 years controls the time in which a preliminary plat must be finalized. On September 17, 2020, the Planning Commission met and recommended the City Council adopt the proposed Code Amendment relating to Preliminary Plat Timeline Extensions, and amend Sections 21.25.080 and 21.30.010 of the Pasco Municipal Code (PMC). Page 41 of 156 V. DISCUSSION: Adoption of the proposed ordinance would create an administrative method to allow an extension of up to a single year on filing a final plat is recommended as an important tool in the way of flexibility for platting, particularly as the City looks forward to platting activity in the expanded Urban Growth Area and the challenge of extending major utility systems to serve that area. Any extension beyond the one-year, as contained within the proposed ordinance, would require approval through the City's Hearing Examiner. Council discussion of this proposal is recommended and appreciated. Page 42 of 156 Ordinance Amending PMC 21.25.280 and PMC 21.30.010 - 1 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, RELATING TO PRELIMINARY PLAT TIMELINE EXTENSIONS, AND AMENDING PMC SECTIONS 21.25.080 “ADJUSTMENTS OF AN APPROVED PRELIMINARY PLAT” AND 21.30.010 “APPLICATION” WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and to ensure public health, safety and welfare are maintained; and WHEREAS, the City of Pasco has subdivision regulations that encourage orderly growth and development; and WHEREAS, in 2013 the Washington State Legislature amended RCW 58.17.140 extending the time period after preliminary plat approval within which a subdivider has to file for final plat; and WHEREAS, as part of that legislation, a city or county retains the authority to adopt by ordinance procedures to allow extensions of time periods for filing a final plat, which extensions may include “additional or altered conditions and requirements” (RCW 58.17.140(4)); and WHEREAS, these deadlines and deadline extensions do not apply to short plat approvals; and WHEREAS, RCW 58.17.140(2) requires that short plat processing, which is not divided by state law into preliminary and final stages, must be completed within 30 days of the application, unless the applicant agrees to an extension; and WHEREAS, the City of Pasco did not adopt an ordinance allowing extensions of these time periods; and WHEREAS, without such an ordinance, the time period in the statute (5 years) controls; and WHEREAS, the City Council has determined that to further the purposes of comprehensive planning and to maintain and protect the welfare of the community in the area of land use decisions, it is necessary to amend PMC Section 21.25.080 entitled “Adjustments of an approved preliminary plat” and PMC Section 21.30.010 entitled “Application.” NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 21.25.080 entitled “Adjustments of an approved preliminary plat” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Page 43 of 156 Ordinance Amending PMC 21.25.280 and PMC 21.30.010 - 2 21.25.080 Adjustments of an approved preliminary plat. (1) Minor Adjustments. Minor adjustments may be made and approved by the Director of Community & Economic Development or assign(s). Minor adjustments are those which may affect the precise dimensions of the plat but which do not affect the basic character or arrangement of the lots and streets. The adjustments cannot be inconsistent with the requirements of the preliminary plat approval. The adjustments cannot cause the subdivision to be in violation of this title, the zoning ordinance, any other applicable City land use controls, Chapter 58.17 RCW, or any other applicable state law or regulation. (2) Major Adjustments. Major adjustments are those, when determined by the Director of Community & Economic Development or assign(s), that substantially change the basic design, layout, open space or other requirements of the plat. When the Director of Community & Economic Development or assign(s) determines a change constitutes a major adjustment, a new application for a preliminary plat is required and shall be processed as a new and separate application. (3) Time Limitations. Except as provided in subsection (4) of this section, a preliminary plat shall be valid for a five-year period following Hearing Examiner approval of the preliminary plat. (4) An applicant who files a written request with the Department of Community & Economic Development at least thirty days before the expiration of this five-year period may be granted a single one-year extension upon showing that the applicant has attempted in good faith to submit the final plat within the five-year period, and there are no risks to public health or welfare. [Ord. 4432 § 6, 2019; Ord. 3398 § 2, 1999; Code 1970 § 26.24.100. Formerly 21.25.100.] Section 2. That Section 21.30.010 entitled “Application” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: (1) Except as provided in subsections (2) and (3) of this section, a final plat meeting all of the requirements of this chapter shall be submitted to the C&ED Department for approval within seven years of the date of the preliminary plat approval if the date of the preliminary plat approval was on or after January 1, 2008, but before December 31, 2014, and within five years of the date of preliminary plat approval, if the date of preliminary plat approval was on or after January 1, 2015. (2) An applicant who files a written request with the Department of Community & Economic Development at least thirty days before the expiration of this five-year period may be granted a single one-year extension upon showing that the applicant has attempted in good faith to submit the final plat within the five-year period and there are no risks to public health or welfare. (23) A final plat meeting all requirements of this chapter shall be submitted to the C&ED Department or approval within 10 years of the date of preliminary plat approval if the project is within the City limits, not subject to the requirements adopted under Chapter 90.48 RCW (Shoreline Management Plan), and the date of the preliminary plat approval was on or before December 31, 2007. Page 44 of 156 Ordinance Amending PMC 21.25.280 and PMC 21.30.010 - 3 (34) A complete application for final plat approval shall consist of 10 full-sized, four 11 x 17 paper copies and an electronic copy of the plat. The paper copies together with such supplementary information and certificates, which may be required shall be submitted to the C&ED Department at least 10 days prior to the date sought for final plat approval. Following written notification of corrections or modifications necessary for the final plat, if any, the applicant shall submit a signed, dated and stamped drawing of the subdivision with an updated electronic copy and the applicable bonding instrument as identified in PMC 21.30.050. A bond will only be needed if there are outstanding improvements to complete. [Ord. 4432 § 8, 2019; Ord. 4383 § 1, 2018; Ord. 4107 § 1, 2013; Ord. 4056 § 1, 2012; Ord. 3398 § 2, 1999; Code 1970 § 26.28.010.] Section 3. 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, 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 45 of 156     MEMO TO PLANNING COMMISSION  PLANNING COMMISSION MEETING  City Hall – 525 North Third Avenue – Council Chambers  THURSDAY, September 17, 2019  7:00 PM    1      TO:  Planning Commission  FROM:  Jeffrey B. Adams, Associate Planner  SUBJECT: Preliminary Plat Timeline Extensions (CA 2020‐008)    HISTORY AND FACTS BRIEF:  In 2013 the Washington State Legislature amended RCW 58.17.140 extending the time period after  preliminary plat approval within which a subdivider has to file for final plat.   As part of that legislation a city or county retains the authority to adopt by ordinance procedures to  allow extensions of time periods for filing a final plat, which extensions may include “additional or  altered conditions and requirements” (RCW 58.17.140(4)).  Note: these deadlines and deadline extensions do not apply to short plat approvals. RCW  58.17.140(2) requires that short plat processing, which is not divided by state law into preliminary  and final stages, must be completed within 30 days of the application, unless the applicant agrees  to an extension.    DISCUSSION:  The City did not adopt an ordinance allowing extensions of these time periods. Without such an  ordinance, the time period in the statute (5 years) controls.   Several jurisdictions have adopted temporary regulations extending deadlines due to the COVID‐19  epidemic.  The proposed changes in verbiage for this code amendment are underlined as follows:    PMC 21.25.080 Adjustments of an approved preliminary plat.  (3) Time Limitations. Except as provided in subsection (4) of this section A  preliminary plat shall be valid for a five‐year period following Hearing Examiner  approval of the preliminary plat.   (4) An applicant who files a written request with the department of community  development at least thirty days before the expiration of this five‐year period may  be granted a single one‐year extension upon showing that the applicant has  attempted in good faith to submit the final plat within the five‐year period, and there  are no threats to public health or welfare.   Page 46 of 156                                                                                                           2      And,  PMC 21.30.010 entitled “Application” of the Pasco Municipal Code shall be and  hereby is amended and shall read as follows:  (1) Except as provided in subsections (2) and (3) of this section, a final plat meeting  all of the requirements of this chapter shall be submitted to the Planning Division for  approval within seven years of the date of the preliminary plat approval if the date  of the preliminary plat approval was on or after January 1, 2008, but before  December 31, 2014, and within five years of the date of preliminary plat approval, if  the date of preliminary plat approval was on or after January 1, 2015.   (2) An applicant who files a written request with the department of community  development at least thirty days before the expiration of this five‐year period may  be granted a single one‐year extension upon showing that the applicant has  attempted in good faith to submit the final plat within the five‐year period and there  are no threats to public health or welfare.  (3)(2) A final plat meeting all requirements of this chapter shall be submitted to the  Planning Division for approval within 10 years of the date of preliminary plat approval  if the project is within the City limits, not subject to the requirements adopted under  Chapter 90.48 RCW (Shoreline Management Plan), and the date of the preliminary  plat approval was on or before December 31, 2007.  (4)(3) A complete application for final plat approval shall consist of 10 full‐sized, four  11 x 17 paper copies and an electronic copy of the plat. The paper copies together  with such supplementary information and certificates which may be required shall  be submitted to the Planning Division at least 10 days prior to the date sought for  final plat approval. Following written notification of corrections or modifications  necessary for the final plat, if any, the applicant shall submit a signed, dated and  stamped drawing of the subdivision with an updated electronic copy and the  applicable bonding instrument as identified in PMC 21.30.050. A bond will only be  needed if there are outstanding improvements to complete.     RECOMMENDATION  MOTION:   I move the Planning Commission recommend to City Council the adoption of the  proposed Code Amendment relating to Preliminary Plat Timeline Extensions, and Amending PMC  Sections 21.25.080  and PMC 21.30.010 as per the attached Ordinance (Exhibit “A”)  .  Page 47 of 156 Ordinance Relating to Preliminary Plat Timeline Extensions - 1 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, RELATING TO PRELIMINARY PLAT TIMELINE EXTENSIONS, AND AMENDING PMC SECTION 21.25.080(3) “TIME LIMITATIONS” WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and to ensure public health, safety and welfare are maintained; and WHEREAS, the City of Pasco has Subdivision regulations that encourage orderly growth and development; and WHEREAS, in 2013 the Washington State Legislature amended RCW 58.17.140 extending the time period after preliminary plat approval within which a subdivider has to file for final plat; and, WHEREAS, as part of that legislation a city or county retains the authority to adopt by ordinance procedures to allow extensions of time periods for filing a final plat, which extensions may include “additional or altered conditions and requirements” (RCW 58.17.140(4)); and WHEREAS, these deadlines and deadline extensions do not apply to short plat approvals; and, WHEREAS, RCW 58.17.140(2) requires that short plat processing, which is not divided by state law into preliminary and final stages, must be completed within 30 days of the application, unless the applicant agrees to an extension; and WHEREAS, the of Pasco City did not adopt an ordinance allowing extensions of these time periods; and, WHEREAS, without such an ordinance, the time period in the statute (5 years) controls; and, WHEREAS, the City Council has determined that to further the purposes of comprehensive planning and to maintain and protect the welfare of the community in the area of land use decisions, it is necessary to amend PMC Section 21.25.080(3) entitled “Time Limitations;” NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section of PMC 21.25.080(3) entitled “Time Limitations” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 21.25.080 Adjustments of an approved preliminary plat. (1) Minor Adjustments. Minor adjustments may be made and approved by the City Planner. Minor adjustments are those which may affect the precise dimensions of the plat but which do not affect the basic character or arrangement of the lots and streets. The adjustments cannot be inconsistent Page 48 of 156 Ordinance Relating to Preliminary Plat Timeline Extensions - 2 with the requirements of the preliminary plat approval. The adjustments cannot cause the subdivision to be in violation of this title, the zoning ordinance, any other applicable City land use controls, Chapter 58.17 RCW, or any other applicable state law or regulation. (2) Major Adjustments. Major adjustments are those, when determined by the City Planner, that substantially change the basic design, layout, open space or other requirements of the plat. When the City Planner determines a change constitutes a major adjustment, a new application for a preliminary plat is required and shall be processed as a new and separate application. (3) Time Limitations. Except as provided in subsection (4) of this section A preliminary plat shall be valid for a five-year period following Hearing Examiner approval of the preliminary plat. (4) An applicant who files a written request with the department of community development at least thirty days before the expiration of this five-year period may be granted a single one-year extension upon showing that the applicant has attempted in good faith to submit the final plat within the five-year period, and there are no threats to public health or welfare. Section 2. That Section of PMC 21.30.010 entitled “Application” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: (1) Except as provided in subsections (2) and (3) of this section, a final plat meeting all of the requirements of this chapter shall be submitted to the Planning Division for approval within seven years of the date of the preliminary plat approval if the date of the preliminary plat approval was on or after January 1, 2008, but before December 31, 2014, and within five years of the date of preliminary plat approval, if the date of preliminary plat approval was on or after January 1, 2015. (2) An applicant who files a written request with the department of community development at least thirty days before the expiration of this five-year period may be granted a single one-year extension upon showing that the applicant has attempted in good faith to submit the final plat within the five-year period and there are no threats to public health or welfare. (3)(2) A final plat meeting all requirements of this chapter shall be submitted to the Planning Division for approval within 10 years of the date of preliminary plat approval if the project is within the City limits, not subject to the requirements adopted under Chapter 90.48 RCW (Shoreline Management Plan), and the date of the preliminary plat approval was on or before December 31, 2007. (4)(3) A complete application for final plat approval shall consist of 10 full-sized, four 11 x 17 paper copies and an electronic copy of the plat. The paper copies together with such supplementary information and certificates which may be required shall be submitted to the Planning Division at least 10 days prior to the date sought for final plat approval. Following written notification of corrections or modifications necessary for the final plat, if any, the applicant shall submit a signed, dated and stamped drawing of the subdivision with an updated electronic copy and the applicable bonding instrument as identified in PMC 21.30.050. A bond will only be needed if there are outstanding improvements to complete. Section 3. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. Page 49 of 156 Ordinance Relating to Preliminary Plat Timeline Extensions - 3 PASSED by the City Council of the City of Pasco, 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 50 of 156 AGENDA REPORT FOR: City Council October 6, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 10/12/20 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: Resolution - Interlocal Agreement with Emergency Management Services I. REFERENCE(S): Proposed Resolution Proposed Interlocal Agreement for 2021-2028 2021 Local Jurisdiction Assessments II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: $16,509 in 2021. This amount is based on population and will increase annually. IV. HISTORY AND FACTS BRIEF: State Law (RCW 38.52) requires all cities and counties in the State of Washington to establish a local emergency planning program to assure that all citizens are afforded the prescribed level of emergency preparation at the local level. RCW 39.34 (Interlocal Cooperation Act) further authorizes cities and counties to jointly exercise their responsibilities through an interlocal agreement (ILA). Franklin County and the four municipalities within the county (Pasco, Mesa, Connell, and Kahlotus) entered into an interlocal agreement in the late 1980's to create the Franklin County Emergency Management Agency. That agreement has been updated several times over the past years and the current agreement expires at the end of 2020. The proposed ILA has been updated but will continue the existing agency in the same fashion it has existed for the past 30 years. The financial provision (Section 8) remains the same; the portion of the operating budget not covered by grants from state or other agencies must be provided by the participating jurisdictions based on their respective share of the countywide population. This means Pasco pays nearly 80% of the local Page 51 of 156 assessment for the operating budget. V. DISCUSSION: Beyond the effective date and term of the agreement, the proposed ILA is essentially the same as the expiring agreement and will extend the partnership through 2028. The City would spend more than $16,509 annually if it were to operate its own emergency management function. Staff recommends Council approval of the Interlocal Agreement.. Page 52 of 156 Resolution – ILA for FCEM - 1 RESOLUTION NO. _____ A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE AN INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITIES OF CONNELL, KAHLOTUS, AND MESA AND THE CITY OF PASCO FOR FRANKLIN COUNTY EMERGENCY MANAGEMENT SERVICES. WHEREAS, RCW 38.52.070, EMERGENCY MANAGEMENT ACT, authorizes and directs each political subdivision of this state to establish a local organization for emergency management in accordance with the State Emergency Management Plan and Program and, specifically permits the General of the State Military Department to authorize two or more entities to join together in the establishment and operation of a local organization for emergency management; and, WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this state through the execution of an interlocal cooperative agreement; and, WHEREAS, the Board of County Commissioners of Franklin County and the incorporated municipalities of Pasco, Mesa, Connell, and Kahlotus established a joint program to mitigate, prepare for, respond to, and recover from, disasters and other extraordinary emergencies, both natural and human caused in the 1980s; and WHEREAS, the Board of County Commissioners of Franklin County and the incorporated municipalities of Pasco, Mesa, Connell, and Kahlotus desire to continue to operate a program to mitigate, prepare for, respond to, and recover from, disasters and other extraordinary emergencies, both natural and human caused; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Council of the City of Pasco approves the terms and conditions of the Interlocal Agreement between Franklin County, the Cities of Connell, Kahlotus and Mesa and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately; and Page 53 of 156 Resolution – ILA for FCEM - 2 PASSED by the City Council of the City of Pasco, Washington this ____ day of ______, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 54 of 156 U:\Agenda Reports\In progress from Gear\FCEM_InterLocalAgreement-2021-28.docx Page 1 of 12 EMERGENCY MANAGEMENT ORGANIZATION INTERLOCAL AGREEMENT January 2021 – December 2028 THIS AGREEMENT, made and entered into by and between the COUNTY OF FRANKLIN, a political subdivision of the state of Washington, and CITY OF PASCO, CITY OF MESA, CITY OF CONNELL, and the CITY OF KAHLOTUS, all incorporated municipalities of the State of Washington. WHEREAS, RCW 38.52.070, EMERGENCY MANAGEMENT ACT, authorizes and directs each political subdivision of this state to establish a local organization for emergency management in accordance with the State Emergency Management Plan and Program and, specifically permits the General of the State Military Department to authorize two or more entities to join together in the establishment and operation of a local organization for emergency management; and, WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this state through the execution of an interlocal cooperative agreement; and, WHEREAS, the Board of County Commissioners of Franklin County and the incorporated municipalities of Pasco, Mesa, Connell, and Kahlotus desire to join together to establish and operate a program to mitigate, prepare for, respond to, and recover from, disasters and other extraordinary emergencies, both natural and human caused; NOW, THEREFORE, in consideration of the promises and agreements herein contained, and subject to terms and conditions hereinafter set forth, it is mutually understood and agreed by the parties signatory to this Agreement as follows: Section 1. Definitions. The following terms when used herein are defined as follows: A. "Agency" refers to Franklin County Emergency Management. B. “Board” refers to the Board of Directors of Franklin County Emergency Management. C. "County" refers to the County of Franklin. D. "Director" refers to the Director of Franklin County Emergency Management. E. "Emergency or Disaster" shall mean an event or set of circumstances which: (a) Demands Franklin County Emergency Management 1011 E. Ainsworth St. Pasco, WA 99301 (509) 545-3546 Page 55 of 156 U:\Agenda Reports\In progress from Gear\FCEM_InterLocalAgreement-2021-28.docx Page 2 of 12 immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (b) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010. F. "Emergency Management" refers to the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from emergencies or damage, resulting from disasters caused by all hazards, whether natural or man-made, and to provide support to search and rescue Coordination for persons or property in distress. However, "emergency management" does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack. G. "Hazard" is a dangerous event or circumstance which has the potential to escalate into an emergency or a disaster. H . "Incorporated Municipalities" refers to the cities of Pasco, Mesa, Connell, and Kahlotus. Section 2. Agency Established. A. The Agency hereby established by this agreement is to be comprised of the County and the Incorporated Municipalities and shall be designated The Franklin County Emergency Management Agency as defined in RCW 38.52.005. B. The Agency shall commence its existence upon the approval of this agreement by appropriate ordinance or resolution adopted by the Board of Franklin County Commissioners and the Councils of the Incorporated Municipalities, subject to the approval of the State Emergency Management Division. C. Any incorporated city or town within the county may become a participating member of this agency upon the adoption of the resolution by its council to that effect, its agreement to the provisions hereof, and the deposit with the Director of Franklin County Emergency Management, a copy of this agreement duly executed by such city or town. Section 3. Powers and Responsibilities of the Agency. In accordance with RCW 38.52.070, the agency is designated as the local organization for emergency management for the incorporated municipalities, and shall: A. Operate and have emergency powers as authorized by RCW 38.52.070 and exercise disaster control and coordination through the agency office or through the Emergency Coordination Center. Page 56 of 156 U:\Agenda Reports\In progress from Gear\FCEM_InterLocalAgreement-2021-28.docx Page 3 of 12 B. Provide service, equipment, and personnel to the member jurisdictions to assist them with emergency management functions. C. Provide an emergency management organization to coordinate organizational activities and to minimize death, injury, and damages during natural disasters or man- made disasters. D. Coordinate local emergency service planning with the federal government, State of Washington, neighboring counties and states, military organizations, and other support networks. E. Provide for the effective utilization of resources within or from outside the Incorporated Municipalities to minimize the effects of disaster and to request assistance as needed through established emergency service avenues, county to state, state to region, region to national levels. F. Seek compensation coverage for volunteers who suffer injury or equipment loss or damage as a result of emergency service duty. G. Establish and maintain training and public information programs. H. Identify and develop capability and protection for the population to monitor and decontaminate the effects of radioactivity. I. Develop a system for warning and providing information and instruction to the general public. J. Perform routine office procedures, correspondence, and inventory. Section 4. Board of Directors. A. Board of Directors is created to directly govern the Agency for the executive heads of the Incorporated Municipalities signatory to this Agreement and to establish policies and to do all things necessary to insure efficient and functional operation thereof. B. The Board of Directors shall consist of seven (7) members as follows: 1. The executive head of the County of Franklin or his or her officially designated representative. 2. One appointee by the executive head of the County of Franklin or his or her officially designated representative. 3. The mayor of the City of Pasco or his or her officially designated representative. Page 57 of 156 U:\Agenda Reports\In progress from Gear\FCEM_InterLocalAgreement-2021-28.docx Page 4 of 12 4. One appointee by the executive head of the City of Pasco or his or her officially designated representative. 5. The executive head of the City of Mesa or his or her officially designated representative. 6. The executive head of the City of Connell or his or her officially designated representative. 7. The executive head of the City of Kahlotus or his or her officially designated representative. The Director of the Agency shall be the ex-officio, nonvoting member of the Board. C. The Board shall follow the approved By-laws of the Agency. Section 5. Powers and Responsibilities of the Director. A. Subject to the direction and control of the Board, the Director shall have direct responsibility for the day to day development, operation, and management of the Agency, including, but not limited to: l. Implementation of policies, programs, and directives of the Board. 2. Issuance of recommendations and reports to the Board as deemed necessary by the Board. 3. Representation of Agency programs on behalf of the Board in dealings with public and/or private organizations pertaining to emergency services and disasters. 4. Recruitment, development, and training of employees and volunteers in the coordination, advancement, and exercising of an overall Agency effort for the purposes of this Agreement. 5. Maintaining of the Franklin County Comprehensive Emergency Management Plan for the County and its Incorporated Municipalities which conforms to the State Comprehensive Emergency Management Plan and Program. 6. Preparation and submittal to the Board of an annual budget and work program for the Agency. B. In the event of a disaster as defined by RCW 38.52.010(6) or as declared by the Governor of the State of Washington as provided by law, the Director shall be empowered, with the concurrence of the Board: Page 58 of 156 U:\Agenda Reports\In progress from Gear\FCEM_InterLocalAgreement-2021-28.docx Page 5 of 12 1. To make and issue regulations and rules on matters reasonably related to the immediate protection of life and property as affected by such disaster, provided, however, such rules and regulations shall be confirmed by the Board at the earliest practicable time. 2. To obtain vital supplies, equipment, and such other properties found to be lacking and necessary for the protection of life and property, and to bind the Agency for the fair value thereof, and, if required immediately to commandeer the same for public use in accordance with law. 3. To acquire emergency services of any officer or employee of the parties signatory to this Agreement, to requisition necessary personnel or material of any County department or agency with concurrence of the Chair of the Board of Franklin County Commissioners or of any city department or agency with concurrence of the Mayor of such city, to command the aid of as many citizens of Franklin County as deemed necessary in the execution of the Director's duties, such persons to be entitled to all privileges, benefits, and immunities provided by State law for registered emergency workers. 4. To execute the special powers conferred upon the Director by this Agreement, or by resolution adopted pursuant hereto, or conferred upon the Director by statute, or by agreements approved by the Board, or other lawful authorities. Section 6. Fund Establishment. A. There is hereby created and established a special pooled fund designated the "Franklin County Emergency Management Fund". It is agreed upon by the parties signatory to this Agreement that said fund shall be administered by the Treasurer of Franklin County. Any and all unexpended Agency monies at year end shall be carried forward into the following fiscal year budget. B. All monies collected and received on account of the Agency, including financial contributions by the parties’ signatory to this Agreement in accordance herewith, shall be deposited into said fund. C. The Director of the Agency shall authorize expenditures from said fund in accordance with the Director's Extent of Administrative Authority approved by the Board. Section 7. Budgets. 1. Fiscal year budgets for the Agency shall be prepared by the Director not later than October 30, for the following year, subject to approval by the Board Page 59 of 156 U:\Agenda Reports\In progress from Gear\FCEM_InterLocalAgreement-2021-28.docx Page 6 of 12 2. Budgets shall not be approved at any meetings of the Board without at least fourteen (14) days notice thereof to members of the Board. 3. Approval shall be by a simple majority of the voting members of the Board Section 8 . Funding. A. Deficit portions of Board approved Agency budgets not funded by grants or gifts shall be funded by contributions paid by the parties’ signatory to this Agreement. B. The contribution amounts shall be reviewed yearly by the Board for inclusion into the annual budgets of the parties’ signatory to this Agreement and shall be calculated by the following formula: POPULATION OF INCORPORATED MUNICIPALITY DIVIDED BY = % OF DEFICIT PORTIONS TOTAL COUNTY POPULATION FUNDED BY SIGNATORIES C. In the event of an emergency which results in costs to the agency above and beyond the normal, budgeted expenses for operation and administration, such excess costs shall be borne by the party or parties affected by the emergency and promptly remitted to the Agency fund, provided, that the Director of the agency shall obtain approval of the affected parties at the earliest opportunity. If in any case, the Board is unable to agree upon the proper contributions of the parties signatory to this Agreement for the cost of emergency management, the question of such decision shall be referred to the State Emergency Management Council for arbitration and the decision of that Council shall be final and binding upon the parties signatory to this Agreement. Section 9. Property. A. For the purposes of this agreement, both monies and property shall be considered a part of the agency fund. B. The Director of the Agency shall maintain the custody and control of all property and equipment acquired by or loaned to the Agency fund. C. The ownership of all property, equipment, or monies acquired by or through the Agency fund on or after the execution of this Agreement shall be shared by the parties’ signatory to this Agreement in proportion to the financial and contributed service value of each party in the year of acquisition of such property, equipment, or monies. D. The ownership of property or equipment loaned or contributed for use by the Agency by any party signatory to this Agreement shall remain the property of the loaning or contributing party. Page 60 of 156 U:\Agenda Reports\In progress from Gear\FCEM_InterLocalAgreement-2021-28.docx Page 7 of 12 E. In the event that any party signatory to this Agreement withdraws from this Agreement prior to its termination as provided herein, any property or equipment loaned or contributed by such party shall be returned to such party within ninety (90) days following the date of such party's withdrawal. Section 10. Liability. Liability for Agency Coordination shall be limited as provided by Chapter 38.52 RCW. Section 11. Compensation Board Established. A Compensation Board if required, shall be established, meet, and perform such duties in the manner authorized and required by RCW 38.52.210 -280. Section 12. Severability. If any portion of this Agreement or its application to any person, place, or circumstance is held invalid, the remainder or application to other persons or circumstances shall not be affected. Section 1 3 . Duration. The duration of this Agreement shall commence upon approval by the Washington State Military Department, Emergency Management Division and thereafter on or after the first day of January, 2021, and shall terminate at midnight on the thirty-first day of December, 2028, unless this Agreement is terminated earlier. Section 14. Withdrawal. Any party signatory hereto may withdraw from this Agreement effective December 31, of any year by providing written notice to the Board at least 6 months prior to the planned termination date. Section 15. Amendments. This Agreement may be amended or extended in duration for additional successive periods by approval of each member agency's legislative body. Page 61 of 156 U:\Agenda Reports\In progress from Gear\FCEM_InterLocalAgreement-2021-28.docx Page 8 of 12 COUNTY OF FRANKLIN ATTEST: ______________________ ________________________ County Commissioner County Clerk to the Board Approved As To Form: ______________________ ________________________ County Commissioner Prosecuting Attorney, Deputy ______________________ County Commissioner Page 62 of 156 U:\Agenda Reports\In progress from Gear\FCEM_InterLocalAgreement-2021-28.docx Page 9 of 12 CITY OF PASCO ATTEST: ______________________ ________________________ Mayor City Clerk Approved As To Form: . ________________________ City Attorney Page 63 of 156 U:\Agenda Reports\In progress from Gear\FCEM_InterLocalAgreement-2021-28.docx Page 10 of 12 CITY OF CONNELL ATTEST: ______________________ ________________________ Mayor City Clerk Approved As To Form: ________________________ City Attorney Page 64 of 156 U:\Agenda Reports\In progress from Gear\FCEM_InterLocalAgreement-2021-28.docx Page 11 of 12 CITY OF MESA ATTEST: _______________________________ ____________________________________ Mayor City Clerk Approved As To Form: ____________________________________ City Attorney Page 65 of 156 U:\Agenda Reports\In progress from Gear\FCEM_InterLocalAgreement-2021-28.docx Page 12 of 12 CITY OF KAHLOTUS ATTEST: _______________________________ ____________________________________ Mayor City Clerk Approved As To Form: ____________________________________ City Attorney Page 66 of 156 October 5, 2020 MEMORANDUM TO:Franklin County Emergency Management Board FROM:Franklin County Emergency Management (FCEM) SUBJECT:2021 Local Jurisdiction Assessment Jurisdiction Population*%2021 ASSESSMENT $20,719.09 Pasco 77,100 79.68%$16,509.32 Franklin County 13,500 13.95%$2,890.74 Connell 5,500 5.68%$1,177.71 Mesa 495 0.51%$105.99 Kahlotus 165 0.17%$35.33 TOTALS:96,760 100%$20,719.09 *83,260 Incorporated population for the cities 13,500 Unincorporated population for the county 96,760 Total estimated Franklin County Population for 2019 *Population data was taken from the State of Washington, Office of Financial Management's April 1 Population report for 2020 2021 Local Jurisdiction Assessment Franklin County Emergency Management 1011 E. Ainsworth St. Pasco, WA 99301 (509) 545-3546 C:\FCEM\Assessment\2021\2021-Jurisdiction-Assessment 10/5/2020 Page 67 of 156 AGENDA REPORT FOR: City Council October 6, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 10/12/20 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: Resolution - Sole Source Purchase for Self Contained Breathing Apparatus (SCBA) Purchase I. REFERENCE(S): Proposed Resolution Exhibit A Sole Source Worksheet MSA letter of verification for sole source of LN Curtis & Sons LN Curtis Quotation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Grant Funding: $416,018.18 *City Funding: $ 56,638.34 Total $472,656.52 *This includes the City's 10% match plus some accessory equipment not allowed by the grant. IV. HISTORY AND FACTS BRIEF: The City of Pasco Fire Department (PFD) maintains compliance with NFPA 1981, WAC 296-305-04001 and WAC 296-842. To maintain compliance the PFD has a program in which Self Contained Breathing Apparatus (SCBA) are replaced after two (2) NFPA 1981 evaluation cycles, when technological improvements warrant the change, or 15 years. NFPA evaluation cycles are usually every four (4) years. The PFD's current MSA brand SCBAs were purchased in 2010. The MSA brand SCBAs are currently used by all agencies in the area and the PFD participates in a joint repair and maintenance program with ten (10) other fire agencies for the MSA SCBA. Page 68 of 156 The PFD was awarded an "Assistance to Firefighters Grant" (AFG) in the amount of $416,018.18, to replace aging SCBA equipment, with a requirement that we must match the grant by 10%. The City's share of the projected purchase is proposed to be funded from the Fire and Ambulance equipment replacement account for this equipment which is currently funded at $141,110. As noted in the letter from MSA, LN Curtis & Sons is the sole authorized distributor of MSA SCBA equipment and accessories in Washington State. V. DISCUSSION: Funding will allow the purchase 57 replacement SCBA packs, 110 SCBA masks, and 114 bottles, and adding a thermal imager to the officers air packs. Staff recommends Council adopt the sole source purchase resolution and the purchase of SCBA from LN Curtis & Sons and further, authorize the City Manager to execute necessary documents. Page 69 of 156 Resolution Sole Source SCBA Equipment - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND APPROVING THE PURCHASE OF MSA SELF CONTAINED BREATHING APPARATUS (SCBA) EQUIPMENT FROM LN CURTIS & SONS. WHEREAS, it is critical for the City of Pasco to have proper equipment to perform fire and ambulance functions; and WHEREAS, the City has the need to purchase replacement SCBA equipment; and WHEREAS, the City currently uses MSA SCBA equipment and accessories; and WHEREAS, the City has established work standards that are supported by the use of MSA SCBA equipment; and WHEREAS, the Council of the City of Pasco hereby determines that the paramount considerations in the acquisition of SCBA are the safety of firefighters utilizing the equipment and the interoperability with other agencies. Use of the same type of equipment by mutual aid departments allows interoperability with those departments, and promotes safety and efficiency. Furthermore, most of the departments have formed an air group in an effort to reduce expenses and cooperate in the repairs and maintenance of this type of SCBA; WHEREAS, the use of MSA SCBA equipment is clearly and legitimately limited to a single source of supply, as detailed in the Sole Source Worksheet (Exhibit A), to support current operation standards, this purchase becomes subject to waiving competitive bidding requirements per RCW 35.23.352(9) competitive bidding requirements and RCW 39.04.280(1)(a) sole source and RCW 39.04.280 (1)(b) special market conditions; and WHEREAS, RCW 39.04.280(2)(a) requires that prior to utilizing the sole source exemption the City Council must first adopt a resolution reciting the factual basis supporting the exemption; and WHEREAS, the City Council pursuant to 39.04.280(2)(a) finds that such factual basis as described herein and detailed in the Sole Source Worksheet does support application of the sole source exemption as pertaining to the purchase of MSA SCBA from LN Curtis & Sons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. The City Council of Pasco hereby find the above-described circumstance is justification for the waiver of bidding requirements under the authority of RCW 35.23.352(9) and pursuant to sole source provider (RCW 39.04.280(1)(a)) and special facilities or market conditions (RCW 39.04.280(1)(b)) and, therefore, the bidding requirement is hereby waived for Page 70 of 156 Resolution Sole Source SCBA Equipment - 2 the purchase of fire department equipment from LN Curtis. Section 2. That the City of Pasco Fire Department purchase MSA SCBA equipment from LN Curtis & Sons for an amount not to exceed the sum of $416,018.18. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this day of , . Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 71 of 156 SOLE SOURCE WORKSHEET Sole source purchases are de?ned as clearly and legitimately limited to a single supplier.Sole source purchases are normally not allowed except when based upon strong technological grounds such as operational compatibility with existing equipment and related parts or upon a clearly unique and cost effective feature requirement. Requisition Item:Self Contained Breathing Apparatus (SCBA)units Requisition No. Prior Purchase Order Number (if item had been approved previously): 1.Please describe the items and its function:Self Contacted Breathing Apparatus (SCBA)for use in ?re?ghting and other hazardous atmosphere conditions encountered as part of the Paso Fire Demrtment responses.These SCBA units re?ace the current units,which are past their life span. 2.This is a sole source because: D sole provider of a licensed or patented good or service [3 sole provider of items that are compatible with existing equipment,inventory,systems, programs or services sole provider of goods and services for which the City has established a standard sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or in an attachment) :1 the vendor/distributor is a holder of a used item that would represent good value and is advantageous to the City (please attach information on market price survey,availability, etc.) <\El 3.What necessary features does this vendor provide which are not available from other vendors? Please be speci?c. Pasco Fire is part of a regional air user group (Southeast Washington Air Group,SEWAG)that coordinates and performs maintenance and training on the SCBA for the area ?re departments.To maintain compatibility with other regional departments and the SEWAG group,Pasco Fire will purchase MSA Gl SCBA units which is what other agencies are using. 4.What steps were taken to verify that these features are not available elsewhere? LN Curtis is the sole provider of MSA SCBA units in the state of Washington.This was con?rmed by a letter provided by LN Curtis on September 8 2020. 5.Sole source vendor certi?es that the City is getting the lowest price offered for the item. Certi?cation of Need This recommendation for sole source is based upon on objective review of the product/service required and appears to be in the best interest of the City.I know of no con?ict of interest on my part of personal involvement in any way with this request.No gratuities,favors or comprising actions have been taken. Neither has my personal familiarity with particular brands,types or equipment,materials or firm been a deciding in?uence on my request to sole source this purchase. By /Ti \j\/5/Date:l0 ‘Q’2020 Page 72 of 156 September 8, 2020 To Whom It May Concern: This letter confirms that LN Curtis & Sons is the sole authorized distr ibutor of MSA SCBA and SCBA accessories for the Municipal Fire Service Market for the State of Washington. In addition, LN Curtis & Sons is the only CARE certified MSA SCBA Repair Center for the M unicipal Fire Service Market for the State of Washington. By way of background, in the fire service / first responder markets , MSA imposes specific requirements upon our distributors, which can result in a small number of distributors authorized to call upon a particular region. We impose these requirements because the equipment we manufacture and sell requires the involvement of partners with special knowledge, training and experience. Accordingly MSA’s distributors are obligated to acquire and maintain extensive knowledge, training, and experience necessary to properly educate , assist and service our end user customers before, during and afte r the sale. MSA’s fire service / first responder distributor qualification requirements are likewise intended to ensure the highest possible end user customer experience. If you desire additional information about MSA, its product lines, or channel part ners, please do not hesitate to contact me. Thank you fo r your interest in our products. Sincerely, Scott McGuire North American Sales Channels Specialist Phone: 724 -742-8028 Email: scott.mcguire@MSAsafety.com 2 1 G a m m a Page 73 of 156 Ph: 206-622-2875 TF: 800-426-6633 Fax: 253-236-2997 nwsales@lncurtis.com DUNS#: 00-922-4163 Northwest Division 6507 South 208th Street Kent, WA. 98032 www.LNCURTIS.com Quotation No. 163698 Page 1 of 2 Quotation CUSTOMER:SHIP TO: Pasco City Fire Department PO Box 293 Pasco WA 99301 Pasco City Fire Department 1011 E Ainsworth St Pasco WA 99301-5821 QUOTATION NO.ISSUED DATE EXPIRATION DATE 163698 08/24/2020 10/31/2020 SALESPERSON CUSTOMER SERVICE REP Adam Sitton asitton@lncurtis.com 509-531-4944 Heather Dodge hdodge@lncurtis.com 206-596-7910 REQUISITION NO.REQUESTING PARTY CUSTOMER NO.TERMS OFFER CLASS Jason McGary C32996 Net 30 FR F.O.B.SHIP VIA DELIVERY REQ. BY DEST Standard Shipping NOTES & DISCLAIMERS THANK YOU FOR THIS OPPORTUNITY TO QUOTE. WE ARE PLEASED TO OFFER REQUESTED ITEMS AS FOLLOWS. IF YOU HAVE ANY QUESTIONS, NEED ADDITIONAL INFORMATION, OR WOULD LIKE TO PLACE AN ORDER, PLEASE CONTACT YOUR SALESPERSON OR CUSTOMER SERVICE REP AS NOTED ABOVE. TRANSPORTATION IS INCLUDED IN BELOW PRICING. LN QTY UNIT PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE 1 57 EA G1 4500 SCBA MSA CUSTOM G1 4500# fire service scba, as below; A-G1FS444MA2CALCR SYSTEM_PRESSURE 4500: PSIG CYLINDER_CONNECTION: CGA Quick Connect Remote Connection HARNESS: Serviceable Tunnel w/Chest Strap CRADLE_TYPE: Metal Band LUMBAR_TYPE: Adjustable Swivel Lumbar Pad REGULATOR_TYPE: Solid Cover Left Shoulder REGULATOR_HOSE_TYPE: Continuous EMERGENCY_BREATHING_SUPPORT: Hose & Pouch SPEAKER_MODULE: Left Chest PASS: PASS Telemetry: Right Shoulder BATTERY_TYPE: Rechargeable $5,285.00 $301,245.00 2 114 EA 10175708 MSA 45min 4500# G1 scba low profile cylinder, with air, with quick connect remote connection $858.00 $97,812.00 Page 74 of 156 Ph: 206-622-2875 TF: 800-426-6633 Fax: 253-236-2997 nwsales@lncurtis.com DUNS#: 00-922-4163 Northwest Division 6507 South 208th Street Kent, WA. 98032 www.LNCURTIS.com Quotation No. 163698 Page 2 of 2 LN QTY UNIT PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE 3 110 EA 10156459 MSA Medium G1 facepiece with medium nosecup, includes: * 4-point adjustable cloth head harness * Fixed push-to-connect regulator connection * ATO number: a-g1fp-fm1m401 This product contains PFAS to reduce the risk of parts sticking or becoming inoperable. $235.00 $25,850.00 4 10 EA MSA PARTS CUSTOM As below: Add Thermal Imager to above SCBA pack $771.00 $7,710.00 5 5 EA 10158385 MSA G1 scba charging station kit $522.00 $2,610.00 DUNS NUMBER: 009224163 SIC CODE: 5099 FEDERAL TAX ID: 94-1214350 THIS PRICING REMAINS FIRM UNTIL 10/31/2020. CONTACT US FOR UPDATED PRICING AFTER THIS DATE. Subtotal $435,227.00 Tax Total $37,429.52 Transportation $0.00 Total $472,656.52 View Terms of Sale and Return Policy Page 75 of 156 AGENDA REPORT FOR: City Council October 6, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 10/12/20 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: Resolution - Interlocal Agreement with Port of Pasco for Sewer Main Installation I. REFERENCE(S): Proposed Resolution Proposed Interlocal Agreement Quote from Mahaffey Enterprises II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: $10,707.50 reduction in costs for the sewer line. IV. HISTORY AND FACTS BRIEF: The original scope of the Restroom Project at the Fire Training Center contemplated use of an onsite sewage disposal. Installation of an on-site system would require approval of the property owner, The Port of Pasco. In reviewing the City's request, the Port proposed that the City instead connecting to an existing sewer line to the north. In evaluating the Port's request it was determined that partnering with the Port on the extension of the sanitary sewer line would be cost about the same as developing an on-site sewer system and would have the added benefit of extending sewer past industrial zoned land making it more attractive for development. V. DISCUSSION: The proposed Interlocal Agreement (ILA) was negotiated with the Port and provides for construction of the aforementioned sanitary sewer extension, for which the costs of construction would be shared equally by the City and Port. Page 76 of 156 Staff is recommending approval of the proposed ILA. Page 77 of 156 Resolution – ILA Port of Pasco for Sewer Line Ext. - 1 RESOLUTION NO. _____ A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE PORT OF PASCO AND THE CITY OF PASCO FOR A SEWER EXTENSION. WHEREAS, the City and the Port of Pasco has a need to extend a sewer line to the property at 1011 E. Ainsworth occupied by Pasco Fire Administration & Training. WHEREAS, the sewer line extension will benefit both parties by means of providing service for sewer service to the training ground restroom and allow for the future development of commercial land on Oregon and Ainsworth; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into an agreement with the Port of Pasco for the sewer line extension. 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 Interlocal Agreement between the City of Pasco and the Port of Pasco, for a sewer line extension from the adjacent Port of Pasco property to 1011 E. Ainsworth and adjacent Port properties, 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; and. Be It Further Resolved, that this Resolution shall take effect immediately; and Be It Further Resolved, that the City and the Port of Pasco agree that all terms and provisions of the Agreement. PASSED by the City Council of the City of Pasco, Washington this ____ day of ______, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 78 of 156 Interlocal Agreement – Port of Pasco – Fire Admin Bldg. August 18, 2020 Page 1 of 6 AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE PORT OF PASCO TO EXECUTE PAYMENT FOR THE FIRE ADMINISTRATION BUILDING SEWER MAIN PROJECT THIS INTERLOCAL AGREEMENT is entered 18th day of August 2020, by and between Port of Pasco, Washington, a Washington Municipal Corporation, (hereinafter referred to as "Port"), and the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as "City"), for the purpose of constructing improvements associated with the Fire Administration Building currently leased from the Port by the City. WHEREAS: The City of Pasco together with The Port of Pasco (Port), also known as stakeholders, have collaborated to undertake improvements associated with the Fire Administration Building at 1011 E Ainsworth Ave, Pasco, WA 99301; and WHEREAS: The proposed improvements will construct an 8” sewer main allowing the Fire Administration Building, and other adjacent Port properties, to be served by sanitary sewer; and WHEREAS: The City has agreed to be fiscally responsible for $5,462 for inspections associated with this effort and the City and the Port have agreed to evenly share the actual construction costs of $21,415 resulting in $10,707.50 for each. The final costs to the City shall be $16,169.50. WHEREAS: The Port of Pasco, as part of their agreed costs associated with this project, shall be $10,707.50; and WHEREAS: The City has agreed that because the Port is responsible for the Big Pasco sanitary sewer system the front footage and square footage fees, normally associated with City utilities, will not be collected; and WHEREAS: The State Interlocal Cooperation Act, Chapter 39,34 RCW, authorizes cooperative efforts between agencies in the providing of such services and financing considerations; and WHEREAS: The parties, desire by this cooperation agreement, to jointly participate in the costs associated with the project that provides benefits to the stakeholders. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Page 79 of 156 Interlocal Agreement – Port of Pasco – Fire Admin Bldg. August 18, 2020 Page 2 of 6 1. CITY OBLIGATIONS. The City shall: A. Be responsible for a maximum total of $16,169.50 in project construction costs. B. The city will also provide project administration, design, and management to be performed by City staff and/or City Consultant as necessary to complete the project. C. Provide to the Port any and all staff, consultant, and contractor invoices/statements to assist in the final determination of costs for the completed project. 2. PORT OBLIGATIONS. The Port shall: A. Be responsible for a maximum total of $10,707.50 in project construction costs. B. Provide review services and approval, as necessary, during the course of the project consistent with the level of effort utilized on other capital and development projects within the City, or as may be required to ensure the required quality of the completed work. 3. TERM. This Agreement shall be effective commencing on the day of ______________ 2020, and all improvements, conveyances and obligations of the parties shall be complete on or before 18 months immediately following the commencement date of this Agreement. The Agreement shall terminate no later than two years following the commencement date of this Agreement, or with the completion project, whichever is sooner. 4. AUTHORITY TO APPROVE AGREEMENT. The parties represent and warrant that all steps necessary for the approval of this Agreement have been completed by : A. The Port of Pasco. B. The City of Pasco. The officers signing below are authorized to do so and that the execution of this Interlocal agreement with the Port of Pasco to execute payment for the improvements associated with the Fire Administration Building sewer project is valid and binding for all purposes. Page 80 of 156 Interlocal Agreement – Port of Pasco – Fire Admin Bldg. August 18, 2020 Page 3 of 6 5. DISPUTE RESOLUTION. In the event of a dispute between the parties regarding the interpretation, breach or enforcement of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute by themselves or with the assistance of a mediator. The remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration (MAR), with all parties waiving the right of a jury trial upon de novo review, with the substantially prevailing party being awarded its reasonable attorney fees and costs against the other. 6. INDEMNITY. Each Party hereto shall assume the risk of, be liable for, and pay for damage, loss, cost and expense arising out of the performance of this Agreement, caused by its negligence and/or willful misconduct and the negligence and willful misconduct of its employees acting within the scope of employment. Each Party hereto shall hold harmless from and indemnify the other Party against all claims, losses, suits, action, cost, counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to any property of business, and/or any death, injury or disability to or of any person or party, including any employee, arising out of or suffered, directly or indirectly, by reason of or in connection with any negligent act, error or omission of said Party, its employees, agents, contractors or subcontractors. A Party's obligation shall include but not be limited to investigation, adjusting, and defending all claims alleging loss from negligent action, error or omission or breach of any common law, statutory or other delegated duty. 7. GENERAL PROVISIONS. A. This Interlocal Agreement constitutes the entire agreement between the parties, and no prior oral or written agreement shall be valid, and any modifications of this Agreement must be in writing signed by all parties. B. This Interlocal Agreement shall be binding on the parties, and their heirs, successors and assigns. C. For the purpose of this Agreement, time is of the essence. 8. MUTUAL COOPERATION AND FURTHER AGREEMENTS. The parties agree to cooperate in good faith, with regard to each and every aspect required for the completion of the construction of the waterline which is the object of this Agreement, and the transfer of property, and to further sign all documents, deeds and permits reasonably necessary Page 81 of 156 Interlocal Agreement – Port of Pasco – Fire Admin Bldg. August 18, 2020 Page 4 of 6 to accomplish the purposes of this Agreement. 9. INTERLOCAL COOPERATION ACT PROVISIONS. All vehicle, equipment, inventory and any improvement thereon or fixtures purchased by the City, shall remain the sole property of the City. All improvements to the real property of Port shall be the sole property of the Port. All personnel utilized by the City in the fulfillment of this Agreement shall be solely within the supervision, direction and control of the City and shall not be construed as “loan servants” or employees of the Port. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. No independent special budget or funds are anticipated other than those identified in this Agreement, nor shall be created without the prior written agreement of the parties. It is not intended that a separate legal or administrative entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this agreement. A copy of this Agreement shall be filed with the Franklin County Auditor’s office or posted on the City or Port’s website as required by RCW 39.34.040. Page 82 of 156 Interlocal Agreement – Port of Pasco – Fire Admin Bldg. August 18, 2020 Page 5 of 6 City of Pasco, Washington: By: _______________________________ Dave Zabell, City Manager STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) I certify that I know or have satisfactory evidence that ________________ is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this _____ day of _____________2020. ____________________________________________ NOTARY PUBLIC in and for the State of Washington Residing at: __________________________________ My Commission Expires: _______________________ Page 83 of 156 Page 84 of 156 Industrial 1213 S Clodfelter Rd Commercial Kennewick,WA 99338 Residential Tel:509-627-4593 Site &Utilities F-Z-Z——Fax:509-627-0476 Road Construction Mass Excavation office@mahaffeyinc.com Water 84Sewer &Storm LIC:MAHAFEI179P0 DOZERS *LOADERS*BACKHOES*GRADERS *DUMP TRUCKS *SCRAPERS Customer Name:Jackson Contractor Group Project Name:Pasco fire Rehab Sewer Breakdown Email Address:anthonym@jacksoncontractorgroupcom Site Location:Pasco,WA Date:07/10/2020 POC:Anthony Martinez This proposal]bid includes the items listed below. Name Descript Qty Units Price Each Price Total REHABSHELTERADDITONSewer Break down MHZ to exist MH 48"Man Holes 2 EA 8"Sewer Line 740 FT 8x4 wye connection 1 EA 8"connection to exist Man Hole 1 EA Testing 1 LS MHZ to exist MH SUB TOTAL $21,415.00 Onsite Sewer Service Clean Outs 5 EA 4"Sewer Line 232 FT Onsite Sewer Service Sub Total $5,462.00 SEWERTOTAL $26,877.00 ‘Note-If Mahaffey is awarded this contract.The estimate above will be included as part of the contract documents to identify speci?c inclusions and exclusions. Page 85 of 156 Please note—This proposal/bid does not include any fees,permits,bonds,staking,or surveying.It does not include any compaction testing.It does not includeany dust control after the completion of our portion of this project.It does not include any meters or water costs associated with dust control or with any other portion of this project.It does notincludeanysawcuttingorothercuttingofanyasphaltorconcretematerials.It does not includethe removal of asbestos or other hazardous materials.It does not include any patching or paving.It does not include any soil stabilization,hydro—seeding,mulching,landscape restoration or repair,de-watering,or bedrock excavation.The itemsaboveareincludedonlyifspeci?cally listed in the bid.This proposal/bid is only valid for 30 days. Jeremy Mahaffey Estimator 7/10/2020 signature Print Name Title Date ACCEPTANCE OF PROPOSAL:The undersigned authorizes commencement of work as speci?ed above.Payments are billedthroughtheendofthemonth's work and are to be paid by the 10th of the following month.If payment is not received when due,interest at the rate of 18%per annum will accrue on the unpaid balance.In the event of litigation or arbitration between the parties with respect tothiscontract,the prevailing party shall be entitled to recover reasonable attorneys’fees together with the reasonable and customary costs of suit or arbitration,which sum shall be included in any )udgment or arbitration award.If any discrepancies in the scope of work occur both parties agree to settlement through arbitration if necessary Signature Print Name Title Date Page 86 of 156 AGENDA REPORT FOR: City Council October 8, 2020 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Remote Workshop Meeting: 10/12/20 FROM: Angie Pitman, Urban Development Coordinator Community & Economic Development SUBJECT: Resolution - 2019 Annual Action Plan Amendment for Use of CDBG-CV3 Funds for COVID-19 Response (BGAP2020-006) I. REFERENCE(S): Proposed Resolution White Paper CDBG-CV 2019 COVID-19 Amendment PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: CDBG-CV3 Supplemental Funding, $414,368, cumulative all rounds is $848,534 IV. HISTORY AND FACTS BRIEF: In response to the Coronavirus Pandemic (COVID-19), the U.S. Department of Housing and Urban Development (HUD) notified the City of Pasco that it wil l receive an additional allocation of $414,368 to be used to prevent, prepare for, and respond to the COVID-19 crisis. This allocation was authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). In accordance with federal regulations, citizen participation requirements may be waived in this case. Applicable waivers have been made available to those requirements through the CARES Act. The City of Pasco is making an amendment to the 2019 Annual Action Plan. Notice of Public Hearing for the proposed amendment was published in the Tri-City Herald and on October 4, 2020, posted on the City website under Public Notices, and mailed to local stakeholders per the amended Citizen Page 87 of 156 Participation Plan. The proposed amendment must be made available for a minimum 5-day public review and comment period (October 4, 2020 to October 19, 2020). Citizens may submit written comments or provide comment during the Public Hearing at the Remote Special Council meeting on October 19, 2020. V. DISCUSSION: The Cities of Pasco, Kennewick and Richland have each received CDBG-CV funds for use in the respective jurisdictions. Guidance from HUD cautions all grantees to use community partners that are already familiar with the use of CDBG/HOME funds to avoid training or qualifying new subrecipients. Establishing new programs is not recommended, however, program guidelines are available through the Washington State Department of Commerce CDBG and National Community Development Association websites. The additional $414,368 in CDBG-CV funds may be used to provide CDBG eligible activities to prevent, prepare for, or respond to the impact of COVID-19. Activities may be carried out by Grantees employees, contractors, or non-profit subrecipients. CDBG-CV funds must meet a national objective of primarily benefiting low-moderate income people. Income eligibility for low-mod clientele, must be determined using approved HUD methodologies and current income guidelines. Eligible activities include, but are not limited to, emergency assistance or other qualified public services, public facilities, and economic development. In May 2020, CDBG-CV funds were allocated to a business assistance program and HOME funds allocated to Tenant Based Rental Assistance program. The se programs are currently active. Staff requests Council direction for staff development of program guidelines for essential public services to meet emergency needs of Pasco residents. An Emergency Utility Assistance program may be added, with contingencies for child care, and public facilities improvements essential for reopening. If CDBG-CV funds are not fully utilized for the Business Assistance or Emergency Utility Assistance Programs excess funds may be reallocated, as needed, to approved contingency projects. Council discussion of this approach is appreciated. Page 88 of 156 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PASCO AMENDING THE PROGRAM YEAR 2019 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATIONS AND ANNUAL WORK PLAN FOR CDBG-CV3. WHEREAS, Council Resolution No. 3959 has amended the Program Year 2019 Annual Work Plan for activities totaling $434,166 from CDBG-CV entitlement funds; and WHEREAS, the CARES Act has provided additional CDBG-CV funds in the amount of $414,368, with a cumulative total funds of $848,534 to be used to prevent, prepare for, and respond to the coronavirus (COVID-19). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the Pasco City Council hereby amends the CDBG 2019 Annual Work Plan as follows: Activity Funding CDBG-CV3 Program Administration $ 82,873.00 CDBG-CV Emergency Utility Assistance TBD $ 331,495.00 **Contingency - Public Service Activity – Childcare TBD **Contingency - Public Facility Activity – Reopening TBD TOTAL $414,368.00 Section 2. That the Pasco City Council hereby approves unfunded and partially funded projects above as contingencies in the annual action plan; and Section 3. That the City Manager or his designee is authorized to sign all agreements in accordance with the 5-Year Consolidated Plan and Annual Action Plan Supplements previously approved by Council. PASSED by the City Council of the City of Pasco, Washington this 19th day of October, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Resolution –Amending 2019 CDBG Work Plan- 1 Page 89 of 156 MEMORANDUM DATE: October 7, 2020 TO: Rick White, Community & Economic Development Department FROM: Angela R. Pitman, Block Grant Administrator SUBJECT: 2019 ANNUAL ACTION PLAN AMENDMENTS FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG-CV3) FUNDS FOR COVID19 RESPONSE (MF# BGAP2020-006) Funds Available In response to the Coronavirus Pandemic (COVID-19) the U.S. Department of Housing and Urban Development has notified the City of Pasco that it will receive an additional allocation of Community Development Block Grant (CDBG-CV3) in the amount of $414,368 to be used to prevent, prepare for, and respond to the coronavirus (COVID-19). The cumulative amount for all allocation rounds is $848,534. This allocation was authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, which was signed by President Trump on March 27, 2020, to respond to the growing effects of this historic public health crisis. Waiver In accordance with 24 CFR 91.05(c)(2) and subpart B of the federal regulations citizen participation requirements may be waived. Applicable waivers have been made available to those requirements through the CARES Act, and the City of Pasco is making an amendment to the 2019 Annual Action Plans available to the public through this notice. Public Comment Period and Process The amendment above must be available for a minimum 5-day public review and comment period (October4, 2020 to October 19, 2020). Citizens wishing to submit written comments during the public review and comment period may mail them, postmarked no later than October 19, 2020 to Angie Pitman, Block Grant Administrator, 525 N Third Avenue, Pasco, WA 99301 or emailed to pitmana@pasco- wa.gov or provide comment at the Special Council meeting scheduled for October 19th. Planning & Administration Cap HUD regulations state that the amount of CDBG Funds obligated within a program year to support planning and administrations activities may not exceed 20% of the combined total of the entitlement plus the current year’s program income. Public Service Cap HUD regulations state that the amount of CDBG Funds obligated within a program year to support public service activities may not exceed 15% of the combined total of the entitlement plus the prior year’s program income. The CARES Act Flexibilities for CDBG Funds eliminates the 15% cap. Page 90 of 156 Reimbursement of Pre-Award Costs Grantees may use CDBG-CV grant funds to cover or reimburse costs incurred to prevent, prepare for and respond to coronavirus COVID19, regardless of the date on which costs were incurred as long as they comply with CDBG requirement under 24 CFR 570.200(h). Eligible Activities Eligibility depends on the funding source. CDBG-CV is the most flexible and may be used for any CDBG eligible activity cost that is incurred to prevent, prepare for, and respond to coronavirus COVID19. Eligible activities are defined in the CDBG Common Rule (24 CFR 501.201). Duplication of Benefits The CARES Act and HUD require Grantees have adequate policies and procedures to prevent any Duplication of Benefits (DOB) when it provides financial assistance with CDBG-CV funds. Public Services Funds may be used to provide essential public services to prepare, prevent and respond to COVID19 such as job training, childcare, medical, and emergency financial assistance. Emergency Utility Assistance CDBG regulations prohibit are the payment of general government expenses and general conduct of government. Utility payments related to an individual’s or family’s housing is an eligible cost under the emergency grant payments provision. With regarding payment of utilities to a city-owned public utility, Emergency grant payments may be made over a period of up to three consecutive months (extended to six consecutive months ) to the provider of such items or services on behalf of an individual or family” under 24 CFR 570.207(b)(4). If utility payments are made on behalf of an individual/family receiving emergency payments under 24 CFR 570.207(b)(4), financial records must demonstrate that the payment was credited to the beneficiary’s utility account. Payment may not be made to the city general funds and available for use for general government expenses or general conduct of government, both of which are ineligible activities. Public utilities must held separately from the rest of a government entity such as an Enterprise Fund provide the proper separation of utility revenues from general revenues. Financial reports would need to demonstrate this in the records. Tenant Based Rental Assistance Accumulated HOME funds in the amount of $567,552 has be allocated for emergency rent and utilities assistance to be administered through Community Action Connections (CAC) for Pasco residents. This program will be evaluated in December and may continue into 2021 as needed subject to funds available. This program provides approximately $1.5M for rent and utility assistance (Tri-Cities total) for low- moderate income households. Public Facility Improvements Funds may be used for public facility improvements to provide so reopen facilities or provide essential services to prepare, prevent and respond to COVID19. This includes acquisition and rehabilitation for non-congregate facilities for recovery from COVID or social distancing for homeless. Page 91 of 156 Small Business/Microenterprise Rent and Utility Assistance CDBG-CV funds in the amount of $434,155 has been allocated to provide rent and utility assistance to small business and microenterprise to help them stay in business and retain employees. Conclusion New programs are not recommended, however, program guidelines are available through the Washington State Department of Commerce CDBG program and NCDA. CDBG-CV provides up 20% of the grant for administration and planning activities which may be used to purchase a cloud based program for an online portal for application intake and screening. Staff recommends CDBG-CV funds be used for eligible public service activities such as emergency utility payments. Page 92 of 156 City Council Workshop October 12, 2020 Page 93 of 156 CARES Act CDBG-CV Amendment BGAP2020-006 2019 Annual Action Plan Amendment for CV3 Page 94 of 156 CARES Act CDBG-CV3 Funds Available CDBG-CV3 Entitlement $414,368 Prior Entitlement (CDBG-CV1)434,166 Cumulative Total $848,534 Page 95 of 156 CARES Act CDBG-CV Amendment Substantial amendment to 2019 Annual Action Plan HUD procedural waivers and alternative requirements to expedite and facilitate use of funds to prevent, prepare for and respond to coronavirus COVID-19 Shortened public comment period for Citizen Participation Period of Performance is 3 Years to expend 80% Suspends 15% Public Service cap Policies & procedures to prevent Duplication of BenefitsPage 96 of 156 CARES Act/CDBG-CV Business Assistance CDBG-CV LM Microenterprise Business Assistance Program -Funded $ 347,333 CDBG-CV Disbursed 9 Grants (35%)($153,939) Local CARES Small Business Assistance Program -Funded $1,000,000 Local CARES Disbursed 23 Grants (37%)($366,954) Health Foundation Grants –Funded $111,983 Health Foundation Grants 14 Disbursed 100%($111,983)Page 97 of 156 CDBG-CV/Local CARES Act Business Assistance Total Applications in Process –Not submitted 144 Total Applications Submitted and Under Review 24 Page 98 of 156 Franklin County CARES Act Business Assistance Round 1 Funding – Pasco Business Applications –In Process 120 Round 2 Funding – Applications Received 61 Page 99 of 156 CDBG-CV3 Proposed Uses CDBG-CV3 Program Administration $ 82,873 Emergency Assistance TBD **Contingency –Public Service Childcare TBD –Public Facility Reopening TBD $331,495 $414,368 Page 100 of 156 CDBG-CV Amendment Oct 12 –City Council Workshop Oct 19 –City Council Action –Public Hearing Oct 19 –End Public Comment Period for AAP Submit amended plan for HUD approval.Page 101 of 156 AGENDA REPORT FOR: City Council September 22, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 10/12/20 FROM: Steve Worley, Director Public Works SUBJECT: Automated Photo Enforcement Program - Study Results I. REFERENCE(S): Redflex Contract Data Analysis and Evaluation Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: On August 8, 2018, Council authorized the use of electronic traffic enforcement at two intersections in the City of Pasco; 20th Avenue/Court Street and Road 68/Burden Blvd. Shortly thereafter Council authorized execution of a contract with Redflex for the placement of traffic safety cameras at the aforementioned intersections. The cameras were installed in Spring of 2019 and fully operational by early summer. After a 60-day period of issuing warnings to violators, the City began issuing citations in mid-August of 2019. V. DISCUSSION: Council’s authorization of the use of the Automated Photo Enforcement Program was conditioned on reporting back the impact these cameras were having on intersection safety. Sufficient time has passed with the system operational that a preliminary engineering analysis that would provide some value is now possible. Accordingly staff commissioned such an evaluation through DKS Associates, an engineering firm Page 102 of 156 specializing presenTonight's safety. and transportation in traffic DKS tation by Associates will discuss the data collected-to-date and the early conclusion regarding the impact of the traffic safety camera enforcement program. Major study conclusions: 1. Collisions have reduced. The data available for crash analysis were limited by the short time period, but crashes that the team studied indicated a downward trend in collisions at these intersections. More data is required to validate safety analysis. 2. Driver behavior has changed. Before-and-after data show a reduction in the frequency redof -approaches automated with the light events running at enforcement systems installed. This bodes well for pedestrian safety. In addition, the following table provides a summary of the total number of citations issues and monies collected since the start of the program in August 2019: Year # of Citations Filed Monies Collected 2019 (Aug - Dec) 3,332 $204,452 2020 (through Sept) 4,738 $388,920 In accordance with the agreement, the City pays Redflex $4,870 per Designated Intersection Approach per month for the three year term of the agreement. With four Designated Intersection Approaches (two at each intersection), the annual payment is $233,760. A summary of the revenues and costs through September 2020 are as follows: Gross Revenue $593,372 Program Expenses $496,950 Net Revenue $96,422 Surplus revenue from this program is designated for transportation safety projects. Currently it is too early to identify, in terms of planning, what safety projects these surplus revenues might fund, though given the magnitude. matching funds for grants or small localized safety improvements are the most likely candidates. Staff will continue to monitor the effect of program over time and update Council further in mid-2021. At this point all indications are that the Automated Photo Enforcement Program is meeting the Council primary goal in authorizing the program of reducing accident, particularly injury accidents at these two major intersections. Page 103 of 156 EXCLUSIVE AGREEMENT BETWEEN THE CITY OF PASCO,WASHINGTON AND REDFLEX TRAFFIC SYSTEMS,INC.FOR AN AUTOMATED PHOTO ENFORCEMENT PROGRAM This Agreement (this “Agreement”)is made this ‘.367 day of A/57:):/H/'3E/1-20 /5’ (“Effective Date”)between Red?ex Traf?c Systems,Inc.,a Delaware Corporation (“Red?ex”),and the City of Pasco,Washington,a municipal corporation (the “City”and/or the “City”)(each a “Party”and collectively,the “Parties”),for an Automated Photo Enforcement Program. RECITALS Violations of Wash.Rev.Code §§46.61.050 and 46.61.055,and local ordinances of the Pasco Municipal Code for failing to stop for a red light or failing to obey a red arrow,have been shown to pose a significant risk to life and property. It is the objective of the Automated Photo Enforcement Program to reduce the incidents of vehicle collisions at the traffic intersections that are subject to the Program; Red?ex has exclusive knowledge,possession and ownership of certain equipment,licenses, applications,and citation processes related to the Automated Photo Enforcement Program;and On or about September 1,2017,the National Cooperative Purchasing Alliance (“NCPA”)awarded Red?ex the Traffic Control,Enforcement,&Signal Preemption Equipment contract to allow NCPA member agencies the opportunity to procure photo enforcement equipment; As an NCPA member agency,the City desires to procure photo enforcement services through the NCPA;and The City desires that Red?ex furnish and Red?ex desires to furnish all equipment,licenses, applications and back office processing related to the Automated Photo Enforcement Program, including digital traffic enforcement cameras and equipment for the monitoring and enforcement of laws regulating traffic signals. The Parties accordingly agree as follows: AGREEMENT 1.DEFINITIONS.In this Agreement,the words and phrases capitalized below shall have the following meanings: 1.1. 1.2. 1.3. 1.4. 1.5. 1.6. “Authorized Employee”means the Project Manager or such other individua1(s)as the City shall designate to review Potential Violations and to authorize the issuance of Citations. “Authorized Violation”means each Potential Violation in the Violation Data for which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized Employee by using the Red?ex System. “Automated Photo Enforcement Program"or “the Program”are interchangeable and synonymous and mean the process by which the monitoring,identi?cation and enforcement of Violations is facilitated by the use of certain equipment,applications and back office processes of Red?ex,including but not limited to cameras,?ashes,central processing units,signal controller interfaces and sensor arrays which,collectively,are capable of detecting Violations and recording Violation Data in the form of photographic images of motor vehicles. “Business Rules”means the set of rules,guidelines,structures and methods of operation that defuie specific operational components of the Program. “Citation”means the notice of a Violation,which is mailed or otherwise delivered by Red?ex on behalf of the City to the violator on the appropriate Enforcement Documentation for each Authorized Violation. “Con?dential or Private Information”means,with respect to any Person,any information,matter or thing of a secret,con?dential or private nature,whether or not so labeled,which is connected Page 104 of 156 with such Person’s business or methods of operation or concerning any of such Person’s suppliers,licensors,licensees,customers or others with whom such Person has a business relationship,and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person,including but not limited to: 1.6.1.Matters of a business nature,including but not limited to information relating to development plans,costs,?nances,marketing plans,data,procedures,business opportunities, marketing methods,plans and strategies,the costs of construction,installation,materials or components,the prices such Person obtains or has obtained from its clients or customers,or at which such Person sells or has sold its services;and 1.6.2.Matters of a technical nature,including but not limited to product information,trade secrets,know-how,formulae,innovations,inventions,devices,discoveries,techniques,formats, processes,methods,speci?cations,designs,patterns,schematics,data,access or security codes, compilations of information,test results and research and development projects.For purposes of this Agreement,the term “trade secrets”shall have the meaning provided under Washington law. 1.6.3.Notwithstanding the foregoing,Con?dential Information will not include information that:(i)was generally available to the public or otherwise part of the public domain at the time of its disclosure,(ii)became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of a Party in breach of this Agreement,(iii)was lawfully disclosed to a Party by a person other than a Party,(iv)was required by a court of competent jurisdiction to be disclosed,or (V)was required by applicable state law to be disclosed. 1.7.“Designated Intersection Approaches”means the Intersection Approaches that the Parties mutually agree on from time to time.See Exhibit A for the number of approaches. 1.8.“Electronic Signature”means the method through which the Authorized Employee indicates his or her approval of the issuance of a Citation for a Potential Violation using the Redtlex System. 1.9.“Enforcement Documentation”means the necessary and appropriate documentation related to the Program,including but not limited to warning letters,Citation notices (using the specifications of the applicable court(s)and the City,a numbering sequence for use on all citation notices (in accordance with applicable court niles),instructions to accompany each issued Citation (including in such instructions a description of basic court procedures,payment options and information regarding the viewing of images and data collected by the Red?ex System),chain of custody records,criteria regarding operational policies for processing Citations (including for coordinating with the applicable vehicle registry),and technical support documentation for applicable court and judicial of?cers. 1.10.“Eguipment”means any and all approach cameras,sensors,equipment,components,products, software and other tangible and intangible property relating to the Program. 1.11.“E”means a monetary surn assessed for a Citation,including but not limited to bail forfeitures,but excluding suspended fines. 1.12.“Governmental Authority"means any domestic or foreign government,governmental authority, court,tribunal,agency or other regulatory,administrative or judicial agency,commission or organization,and any subdivision,branch or department of any of the foregoing. 1.13.“Installation Date”means the date on which Red?ex completes the construction and installation of all Intersection Approaches,approved by the Parties as part of the Initial Installation Group (defined in Exhibit “B”)and has completed the Warning Period in accordance with the terms of this Agreement so that the Intersection Approaches are fully operational for the purposes of functioning with the Program. 1.14.“Intellectual Property”means,for any Person,any and all now known or later known tangible and intangible (a)rights associated with works of authorship throughout the world,including but not limited to copyrights and mask—works,(b)trademark and trade name rights and similar rights, (c)trade secrets rights,((1)patents,designs,algorithms and other intellectual or industrial property rights,(c)all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated),whether arising by operation of law,contract, license,or otherwise,and (0 all registrations,initial applications,renewals,extensions, continuations,divisions or reissues in force (including any rights in any of the foregoing),of such Person. Page 105 of 156 1.15.“ntersection Approac ”means a conduit of travel with up to four (4)contiguous lanes from the curb (e.g.,northbound,southbound,eastbound or westbound)on which at least one (1)system has been installed for the purposes of facilitating the Program by the City. 1.16.“Lost Pro?ts”means pro?ts that would have been received by a Party had the other Party fully performed this Agreement,including,but not limited to (a)revenues that would have been received by the City on account of Citations that might have been issued during periods in which the Red?ex System was not functioning properly,and (b)amounts that must be refunded or disgorged by the City due to Fines collected as a result of an improper or invalidly issued Citation. 1.17.“Operational Period”means the period of time during the Term,commencing on the Installation Date,during which the Program is functional in order to permit the issuance of Citations using the Red?ex System. l.l8.“Person”means a natural individual,company,Governmental Authority,partnership,?rm, corporation,legal entity or other business association. l.l9.“PLATESCAN®System”means the license plate scanning system ofRed?ex. 1.20.“Potential Violation”means for any motor vehicle passing through a Designated Intersection Approach,the data collected by the Red?ex System concerning such motor vehicle,which data shall be processed by the Red?ex System for the purposes of allowing the Authorized Employee to review such data and determine whether a traf?c violation has occurred. 1.21.“Project Manager”means the project manager appointed by the City in accordance with this Agreement,which shall be an Authorized Employee and shall be responsible for overseeing the installation of the Red?ex System at the Designated Intersection Approaches and the implementation of the Program,and which manager shall have the power and authority to make management decisions relating to the City’s obligations pursuant to this Agreement,including but not limited to change order authorizations. 1.22.“Proprietag Property”means for any Person,any written or tangible property owned or used by such Person in connection with such Person’s business,whether or not such property is copyrightable or also quali?es as Con?dential Information,including without limitation products,samples,equipment,?les,lists,books,notebooks,records,documents,memoranda, reports,patterns,schematics,compilations,designs,drawings,data,test results,contracts, agreements,literature,correspondence,spread sheets,computer programs and software, computer print outs,other written and graphic records and the like,whether originals,copies, duplicates or summaries thereof,affecting or relating to the business of such Person,?nancial statements,budgets,projections and invoices. 1.23.“Red?ex Marks”means all trademarks registered in the name of Red?ex or any of its af?liates, such other trademarks as are used by Red?ex or any of its affiliates on or in relation to the Program at any time during the Term,service marks,trade names,logos,brands and other marks owned by Red?ex,and all modi?cations or adaptations of any of the foregoing. 1.24.“Red?ex Project Manager"means the project manager appointed by Red?ex in accordance with this Agreement,who shall be responsible for overseeing the construction and installation of the Red?ex System and related equipment at the Designated Intersection Approaches and the implementation and ongoing services of the Program,and who shall have the power and authority to make day-to-day management decisions relating to Red?ex’s obligations pursuant to this Agreement;provided,however,the Red?ex Project Manager does not have the authority to authorize change orders without additional Red?ex approvals. l.25.“Redflex System”means,collectively,the Salus®System,SMARTcam®System,the SMARTscene®System,REDFLEXred®System,REDFI.EXradar®”System,SMARTops® System,Alcyon System,HALO,the Program,and all of the other equipment,applications, software,hardware,back of?ce processes,servers,off-site backup systems,cameras,sensors, components,motor vehicles and other related tangible and intangible property,to enable Red?ex to enforce a minimum of one lane of travel at a designated location. 1.26.“REDFLEXradar®”means the detection and tracking system of Red?ex relating to the Program. 1.27.“REDFLEXrail®System”means the proprietary digital railroad grade crossing photo enforcement system of Red?ex. 1.28.“REDFLEXred®System"means the proprietary digital red light photo enforcement system of Red?ex relating to the Program. Page 106 of 156 1.29.“REDFLEXslimline®System”means the proprietary photo enforcement system of Red?ex. 1.30.“Salus®System”means the proprietary software that controls the systems of Red?ex relating to the Program. 1.31.“REDFLEXspeed®System”means the proprietary speed enforcement system of Red?ex. 1.32.“REDFLEXstop®System"means the proprietary stop sign enforcement system of Red?ex. 1.33.“SMARTcam®System”means the proprietary software system that controls the systems of Red?ex relating to the Program. 1.34.“Alcyon System”means the proprietary back»office processes of Red?ex relating to the Program. 1.35.“SMARTscene®System”means the proprietary digital video camera unit,hardware and software required for providing supplemental violation data relating to the Program. 1.36.“Traffic Signal Controller Boxes”means the signal controller interface and vehicle detection owned and operated by the City.This includes the City’s traf?c controller,the City’s vehicle detection equipment,the City’s communication equipment,and the City’s controller cabinet. 1.37.“Violation”means any traf?c violation as provided for in any applicable rule,regulation or law of any other Governmental Authority,including but not limited to operating a motor vehicle contrary to traffic signals,and operating a motor vehicle without displaying a valid license plate or registration. l.38.“Violation Criteria”means the standards and criteria by which Potential Violations will be evaluated by Authorized Employees of the City,which standards and criteria shall include,but are not limited to,the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred,and the location(s)in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Violation,all of which shall be in compliance with all applicable laws,rules and regulations of Governmental Authorities.Should physical criteria change which requires additional modification to the Program or its detection equipment,any costs incurred in connection with such modi?cations shall be the responsibility of the City. 1.39.“Violations Data”means the images and other Violations data gathered by the Red?ex System at the Designated Intersection Approaches. 1.40.“Waming Perio "means the period of time after the installation and activation of the first Designated Intersection Approach during which period only warning notices shall be issued for a period of thirty (30)days,unless otherwise agreed to by the Parties. TERM.The term of this Agreement shall commence on the Installation Date and continue for a period of three (3)years,unless terminated earlier as provided for in this Agreement (“Initial Term”). The Initial Term shall automatically renew for up to two (2)additional consecutive one (1)year time periods (each a “Renewal Term”).The Initial Term together with each exercised Renewal Term is collectively the “Term.”Each Renewal Term shall automatically and without any required notice or action be deemed to have been exercised unless the City provides written notice to Red?ex in accordance with Section 9 of its election not to extend at least thirty (30)days prior to the expiration of the Initial Term or the applicable Renewal Term.In its sole discretion the City may elect not to extend under this Section. SERVICES.Red?ex shall provide the following services in connection with the Program [such services,including those outlined in Exhibits B and C are subject to change based on local and State law]: 3.1.INSTALLATION.With respect to the construction and installation of the Designated Intersection Approaches and the installation of the Red?ex System at such Designated Intersection Approaches,the City and Red?ex shall have the respective rights and obligations set forth on Exhibit B. 3.2.MAINTENANCE.With respect to the maintenance of the Red?ex System at the Designated Intersection Approaches,the City and Red?ex shall have the respective rights and obligations set forth on Exhibit C. 3.3.VIOLATION PROCESSING.During the Operational Period,Violations shall be processed as follows: 3.3.1.All Violations Data shall be stored on the Red?ex System; Page 107 of 156 3.4. 3.5. 3.6. 3.3.2.The Red?ex System shall process Violations Data gathered from the Designated Intersection Approaches into a format capable of review by the Authorized Employee via the Red?ex System; The Red?ex System will be accessible by Authorized Staff through a secure and encrypted connection by use of a con?dential user account on a computer equipped with a high- speed Internet connection and an approved web browser; Within six (6)days after gathering the Violations Data from the applicable Designated Intersection Approach,Red?ex shall provide the Authorized Employee with access to the Red?ex System for the purposes of reviewing the pre-processed Violations Data; The City shall cause the Authorized Employee to review the Violations Data and to determine whether a Citation shall be issued with respect to each Potential Violation captured within such Violations Data,and transmit each such determination in the form of an Electronic Signature to Red?ex using the software or other applications or procedures provided by Redflex on the Red?ex System for such purpose.REDFLEX ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A CITATION SHALL BE THE SOLE,UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE’S SOLE DISCRETION (A “CITATION DECISION”),AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION DECISION; For each Authorized Violation,Red?ex shall print and mail a Citation after Red?ex’s receipt of such authorization;provided,however,during the Warning Period,only warning violation notices shall be issued for all Authorized Violations; Red?ex shall provide a toll—freetelephone number for the purposes of answering citizen inquiries; Red?ex shall permit the Authorized Employee to generate reports using the Red?ex Standard Report System; Upon Red?ex’s receipt of a written request from the City and in addition to the Standard Reports,Red?ex will provide,without cost to the City,access to a reporting tool to allow the City to generate reports; 3.3.10.During the six (6)month period following the Installation Date and/or upon Red?ex’s receipt of a written request from the City at least fourteen (14)calendar days in advance of a court proceeding,Red?ex shall provide at its expense expert witnesses for use by the City in prosecuting Violations;provided,however,the City shall use reasonable best efforts to seek judicial notice in lieu of requiring Red?ex to provide such expert witnesses. After the initial six (6)month period,the City shall be obligated to reimburse Red?ex for the cost of expert witnesses provided at the City’s request. 3.3.l1.Duiing the three (3)month period following the Installation Date,Red?ex shall provide training to City personnel as shall be reasonably necessary to allow City personnel to act as expert witnesses on behalf of the City. RECORDS RETENTION.Red?ex shall retain Violations Data in accordance with all applicable law as outlined in the Business Rules. PROSECUTION AND COLLECTION’COMPENSATION.The City shall diligently prosecute Citations and the collection of all Fines related to the Citations.Red?ex shall have the right to receive,and the City shall be obligated to pay Red?ex,the compensation set forth on Exhibit D. On no less than a monthly basis and no later than the 15"‘calendar day following the end of the previous month,the City shall provide to Red?ex a report,in a format to be mutually agreed to between the Parties and without cost to Red?ex,regarding the Pines and monies collected that are attributable to the Program so that the Parties may comply with the cost neutrality provisions set forth on Exhibit “D”attached hereto and incorporated by reference into this Agreement. TAXES.Where obligated by applicable law,Red?ex shall timely pay all taxes relating to or arising out of the Program.Unless otherwise indicated,the City agrees to pay any applicable taxes including but not limited to use,property or sales taxes required at the municipal,county, state or any other taxing authority level on all applicable consumer services and materials purchased and/or leased.No charge by the City shall be made for federal excise taxes and City agrees to furnish Red?ex with an exemption certi?cate where appropriate for any applicable 3.3.3. 3.3.4. 3.3.5. 3.3.6. 3.3.7. 3.3.8. 3.3.9. Page 108 of 156 sales and/or use taxes.For the avoidance of doubt,it is the Parties intent that this Agreement does not alter the tax liability of either Party under the applicable law. 3.7.OTHER RIGHTS AND OBLIGATIONS.In addition to all of the other rights and obligations set forth in this Agreement,Red?ex and the City shall have the respective rights and obligations set forth on Exhibit E. 3.8.CHANGE ORDERS. 3.8.1.The City may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice to Red?ex,setting forth in reasonable detail the proposed changes (a “Change Order Notice”).Upon Red?ex’s receipt of a Change Order Notice,Red?ex shall deliver a written statement describing the cost,if any (the “Change Order Proposa ”).The Change Order Proposal shall include (i)a detailed breakdown of the charge and any schedule impact,(ii)a description of any resulting changes to the speci?cations and obligations of the Parties,(iii)a schedule for the delivery and other performance obligations,and (iv)any other information relating to the proposed changes reasonably requested by the City.Following the City’s receipt of the Change Order Proposal,the Parties shall negotiate in good faith and agree in writing to a plan and schedule for implementation of the proposed changes,the time,manner and amount of payment or price increases or decreases,as the case may be,and any other matters relating to the proposed changes;provided,however,in the event that any proposed change requested within one year of the Effective Date involves only the addition of equipment or services to the existing Designated Intersection Approaches,to the maximum extent applicable,the pricing temis set forth in Exhibit D shall govern.Any failure of the Parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement provided each Party acted in good faith. 3.8.2.In the event that the change outlined in the Change Order Notice and the Change Order Proposal,and approved by the Parties,concerns moving an installed Red?ex System to a new Designated Intersection Approach,then the City shall be responsible for the costs associated with the removal and reinstallation of the Red?ex System and the Term of this Agreement shall be extended by the number of days equal to the period of time in which the Red?ex System at issue is inactive,if that period of time is fourteen (14)or more calendar days,unless the City chooses to continue paying the Fixed Monthly Fee ,as outlined in Exhibit D,during such period of time. 3.9.ROAD REPAIRS AND CONSTRUCTION PROJECTS.The Fixed Monthly Fee to be paid will not be affected by any road repairs,street improvements or stop work order at any Designated Intersection Approach. 3.l0.ANNUAL REPORT.On an annual basis,the City shall report,on the City’s website,the number of traffic accidents that occurred at each Designated Intersection Approach,as well as the number of notices of infraction issued for each camera and any other relevant information about the Program that the City deems appropriate. 3.ll.FUTURE SERVICES.If Washington law allows,now or in the future,a Governmental Authority to suspend the ability to register a vehicle,as controlled by the Washington Department of Transportation,for Persons with delinquent or unpaid ?nes,whether criminal or civil,upon mutual agreement the Parties have the option to mutually agree to execute an amendment to this Agreement for Red?ex to provide the City certain automated scof?aw services under its ASP and ASP2 Programs,as applicable,to implement such law. 4.LICENSE;RESER VATION OF RIGHTS. 4.1.LICENSE.Subject to the terms and conditions of this Agreement,Red?ex grants the City,and the City accepts from Red?ex,a non-exclusive,non-transferable license during the Term to:(a) solely within the City,access and use the Red?ex System for the sole purpose of reviewing Potential Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement,and to print copies of any related content posted on the Red?ex System,(b)disclose that Red?ex is providing services to the City in connection with Program pursuant to the terms of this Agreement,and (c)use and display the Red?ex Marks on or in marketing,public awareness Page 109 of 156 4.2. 4.3. 4.4. 4.5. 4.6. 4.7. or education,or other publications or materials relating to the Program,so long as any and all such publications or materials are approved in advance by Red?ex. RESERVATION OF RIGHTS.The City acknowledges and agrees that:(a)Red?ex is the sole and exclusive owner of the Red?ex System,the Red?ex Marks,all Intellectual Property arising from or relating to the Red?ex System,and any and all related Equipment,(b)the City neither has nor makes any claim to any right,title or interest in any of the foregoing,except as speci?cally granted or authorized under this Agreement,and (c)by reason of the exercise of any such rights or interests of the City pursuant to this Agreement,the City shall gain no additional right,title or interest. RESTRICTED USE.The City covenants and agrees that it shall not (a)make any modi?cations to the Red?ex System,including but not limited to any Equipment,(b)alter,remove or tamper with any Red?ex Marks,(c)use any of the Red?ex Marks in any way which might prejudice their distinctiveness,validity or Red?ex’s goodwill,((1)use any trademarks or other marks other than the Red?ex Marks in connection with the City’s use of the Red?ex System pursuant to the terms of this Agreement without first obtaining the prior consent of Red?ex,or (e)disassemble, de-compile or otherwise perform any type of reverse engineering to the Red?ex System,the Red?ex Program,including but not limited to any Equipment,or to any Intellectual Property or Proprietary Property of Red?ex,or cause any other Person to do any of the foregoing. PROTECTION OF RIGHTS.Red?ex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Red?ex,including without limitation the ?ling of applications to register as trademarks in any jurisdiction any of the Red?ex Marks,the ?ling of patent application for any of the Intellectual Property of Red?ex,and making any other applications or ?lings with appropriate Governmental Authorities.The City shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any registrations or ?lings with respect to any of the Red?ex Marks or the Intellectual Property of Red?ex without the prior written consent of Red?ex. INFRINGEMENT.The City shall give Red?ex prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates or potentially infringes or violates the Red?ex Marks or any of Red?ex’s Intellectual Property or that constitute or potentially constitute a misappropriation of trade secrets or act of unfair competition that might dilute,damage or destroy any of the Red?ex Marks or any other Intellectual Property of Red?ex.Red?ex shall have the exclusive right,but not the obligation,to take action to enforce its rights to protect its Marks and Intellectual Property and to make settlements relating to its Marks and Intellectual Property.In the event that Red?ex commences any enforcement action relating to its Marks or Intellectual Property,the City shall provide Red?ex with any reasonable and lawful cooperation and assistance that Red?ex requests.Red?ex shall be entitled to any damages or other monetary amount that might be awarded provided that prior to deduction of Red?ex’s actual costs and attorney's fees;Red?ex shall reimburse the City for any reasonable costs incurred in providing such cooperation and assistance. INFRINGING USE.The City shall give Red?ex prompt written notice of any action or claim, whether threatened or pending,against the City alleging that the Red?ex Marks,or any other Intellectual Property of Red?ex,infringes or violates any patent,trademark,copyright,trade secret or other Intellectual Property of any other Person,and the City shall provide to Red?ex reasonable cooperation and assistance as is requested by Red?ex;provided,that Red?ex shall reimburse the City for its reasonable costs incurred in providing such cooperation and assistance. If Red?ex determines,in the exercise of its sole discretion,that an infringement may exist, Red?ex shall have the right,but not the obligation,to procure for the City the right to keep using the allegedly infringing items,modify them to avoid the alleged infringement or replace them with non-infringing items. UNAUTHORIZED REFERENCES TO REDFLEX.The City shall not utilize,make use of and/or make any reference to Red?ex,its name or likeness,its affiliated,parent or subsidiary companies or corporations,its logos,insignias,trademarks,trade names,brand,websites, property,assets,products or services,including,but not limited to:“PLATESCAN®System”; “REDFLEXradar®System”;“REDFLEXrail®System”;“REDFLEXred®System"; “REDFLEXslimline®System”;“REDFLEXspeed®System”;“REDFI_EXstop®System”; “Red?ex Student Guardian®System”;“Salus®System”;“SMARTcam®System”; Page 110 of 156 “SMARTops®System”;“SMARTscene®System”;and/or and any and all combinations, variants and derivatives of the foregoing,for any reason or purpose without the prior written approval of Red?ex which may be withheld,denied,delayed,rejected and/or refused,by Red?ex in its sole discretion.This Section shall not prohibit the City from releasing information it is required to release under the Public Records Act,Chapter 42.56 RCW as amended. 5.REPRESENTATIONS AND WARRANTIES. 5.1.REDFLEX REPRESENTATIONS AND WARRANTIES. 5.1.1.Authority.Red?ex warrants and represents that it has all right,power and authority to execute and deliver this Agreement and perform its obligations. 5.1.2.Professional Services.Red?ex warrants and represents that any and all services that it provides pursuant to this Agreement shall be perfonned in a professional and workmanlike manner and in compliance with applicable law and by agreed upon specifications. 52 CITY REPRESENTATIONS AND WARRANTIES. 5.3. 5.2.1.Authori?.The City warrants and represents that the purchasing program it has relied upon in entering into this Agreement,National Cooperative Purchasing Alliance (“NCPA”),is an approved cooperative purchasing program,and the City has all legal right,power and authority to execute and deliver this Agreement and perform its obligations.The City warrants and represents that it has complied with all applicable laws and regulations in entering into this Agreement,including State and Local procurement laws,and will comply with all applicable laws and regulations in performing under this Agreement. Professional Services.The City warrants and represents that any and all services that it provides pursuant to this Agreement shall be performed in a professional and workmanlike manner and in compliance with applicable law and by agreed upon specifications. LIMITED WARRANTIES.EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, INCLUDING ANY MAINTENANCE OBLIGATIONS SET FORTH IN SECTION 3.2, REDFLEX MAKES NO WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO,THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,WITH RESPECT TO THE REDFLEX SYSTEM OR ANY RELATED EQUIPMENTOR SOFTWARE,OR WITH RESPECT TO THE RESULTS OF THE PROGRAM. 5.2.2. 6.TERMINATION. 6.1. 6.2. TERMINATION:Either Party shall have the right to terminate this Agreement by written notice to the other Parties if (i)state statutes are amended or otherwise changed to prohibit or substantially change the operation of the Program;(ii)the highest appellate court for the State of Washington rules that the Violations Data are inadmissible in evidence;or (iii)another Party commits a material breach of this Agreement.In the event of a breach pursuant to (iii)above,the breaching Party shall have the right to remedy or cure the material breach within forty-five (45) calendar days (or within such other time period as the Parties shall mutually agree,which agreement shall not be unreasonably withheld or delayed)after receipt of written notice from the terminating Party setting forth in reasonable detail the facts giving rise to the material breach. Tennination of this Agreement based upon an alleged material breach shall not be enforceable or effective unless the terminating Party mails written notice to the breaching Party not less than forty—?ve (45)calendar days before the termination date and provides to the breaching Party the opportunity to remedy or cure the breach within the time period provided above.The right to terminate this Agreement shall be without prejudice to any other right or remedy of any Party with respect to the breach concerned (if any)or any other breach of this Agreement except as otherwise provided in this Agreement. TERMINATION FOR NON-APPROPRIATION.Notwithstanding any provision to the contrary, if the City is unable to appropriate funds to fulfill its obligations under this Agreement,the City shall give written notice to Red?ex not less than thirty (30)days prior to the end of the ?scal year for which funds have already been appropriated,together with a ?nancial statement showing the inability to appropriate funds for the next ?scal year,and this Agreement shall terminate at the Page 111 of 156 6.3. 6.4. end of the ?scal year in which notice is given.the City shall use all reasonable efforts to ensure appropriated funds are available to satisfy the City’s obligations under this Agreement. TERMINATION FOR CONVENIENCE.Either Party may terminate this Agreement upon 30 business days’written notice to the other Party of its intent to terminate this Agreement.If the City chooses to exercise its option to terminate the Agreement for convenience,the City shall pay to Red?ex an amount equal to the unamortized costs of the direct labor and direct material costs, and capitalized costs,associated with the installation of all Intersection Approaches installed pursuant to the terms of this Agreement based upon a three (3)year,month by month amortization schedule for each Intersection Approaches (referred to as the “Approach 3-Year Amortization Schedule”).This Approach 3«Year Amortization Schedule shall commence as of the “Go Live"date of each Intersection Approach.Red?ex shall provide the City an itemized estimate prior to the installation of an Intersection Approach re?ecting the cost of labor and direct material costs.Following the installation of each Intersection Approach,Red?ex shall provide an itemized statement,with supporting invoices and labor expense documentation,to the City of the amount of direct labor costs and direct material costs solely associated with the installation of an Intersection Approach. PROCEDURES UPON TERMINATION.The termination of this Agreement shall not relieve either Party of any liability that accrued before termination.Except as set forth in Section 6.4, upon the termination of this Agreement,all of the provisions of this Agreement shall terminate and: 6.4.1.Red?ex shall:(i)immediately cease to provide services,including but not limited to work in connection with the construction or installation activities and services in connection with the Program,provided,however,that,at its option,Red?ex may continue to process data collected prior to the date of termination related to Potential Violations for the purpose of enabling the City to detennine whether a Violation has occurred,and may continue to print and mail Citations based on such data;(ii)promptly deliver to the City any and all Proprietary Property or Con?dential Information of the City provided to Red?ex pursuant to this Agreement,except for any information necessary for Red?ex,at its option,to process pre~termination data in accordance with the preceding clause (i);(iii) promptly deliver to the City a ?nal report regarding the collection of data and the issuance of Citations in a format and for a period of time mutually agreed upon by Red?ex and the City;(iv)promptly deliver to the City a ?nal invoice for all amounts owed by the City to Red?ex for work performed and Citations issued by Red?ex prior to the termination;and (V)provide such assistance as the City may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the tennination of this Agreement.Red?ex shall have no obligation to retain Violations Data after termination of this Agreement.At termination and upon the City’s prior written request,Red?ex will transfer the Violations Data to the City in accordance with a mutually agreed upon method of transfer.The City shall be responsible for all costs associated with the transfer of the Violations Data including but not limited to administrative costs,storage media and storage media authoring device costs,and intemet bandwidth costs incurred in transferring the Violations Data.Upon completion of the transfer of the Violations Data to the City, Red?ex shall have no obligation or responsibility concerning the Violations Data. The City shall (i)immediately cease using the Program,accessing the Red?ex System and using any other Intellectual Property of Red?ex,except in accordance with Section 6.4.2(i)above,(ii)promptly deliver to Red?ex any and all Proprietary Property or Con?dential Information of Red?ex provided to the City pursuant to this Agreement with the exception that the City may maintain a copy of any records in its possession that may be subject to applicable records retention laws and Chapter 42.56 RCW as amended,and (iii)promptly pay Red?ex any and all fees,charges and amounts that the City owes Red?ex for work performed and Citations issued prior to the termination,as outlined in Exhibit D. Unless the City and Red?ex have agreed to enter into a new agreement relating to the Program or have agreed to extend the Term,Red?ex shall remove any and all above ground level Equipment or other Red?ex materials installed in connection with Red?ex’s 6.4.2. 6.4.3. Page 112 of 156 performance of its obligations under this Agreement and return the site to substantially the same condition as it was at the time of the initial Equipment installation.. 6.4.4.The City shall continue to pay to Red?ex a pro rata share of all monies or revenue generated,collected and/or received by City after the termination of the Agreement that are,in any way,a result of,associated with and/or attributable to,in whole or in part,the products or services that Red?ex provided to the City pursuant to this Agreement. 6.5.SURVIVAL.Notwithstanding the foregoing,the de?nitions provided for in Section 1 and each of the following Sections shall survive the termination of this Agreement:(i)Sections 4.2 (Reservation of Rights),5.1 (Red?ex Representations and Warranties),5.2 (City Representations and Warranties),5.3 (Limited Warranties),7 (Con?dentiality),8 (Indemni?cation and Liability), 9 (Notices),10 (Dispute Resolution),11.1 (Assignment),11.17 (Injunctive Relief;Speci?c Performance),11.18 (Applicable Law)and 11.19 (Jurisdiction and Venue),and (ii)any Section in this Agreement which states,or evidences the intent of the Parties,that the Section survives the expiration or termination of the Agreement,or must survive to give effect to the Section. CONFIDENTIALITY.During the Term and for a period of three (3)years after its expiration or termination,neither Party shall disclose to any third person,or use for itself in any way,any Con?dential Information learned from the other Party during the course of the negotiations for this Agreement or during the Term.Upon termination of this Agreement,each Party shall return to the other all tangible Con?dential Information of such Party.For all requirements under Section 7,each Party shall retain in con?dence and not disclose to any third party any Con?dential Information without the other Party’s express written consent,except (a)to its employees who are reasonably required to have the Con?dential Information,(b)to its agents,representatives,attorneys and other professional advisors that have a need to know such Con?dential Information,provided that such Parties undertake in writing (or are otherwise bound by rules of professional conduct)to keep such information strictly con?dential,and (c)pursuant to,and to the extent of,a request or order by any Governmental Authority,including laws relating to public records. INDEMNIFI CATION AND LIABIL TY. 8,1.Indemni?cation by Red?ex.Subject to Section 8.3,Red?ex hereby agrees to defend and indemnify the City,and its af?liates,shareholders,managers,of?cers,directors,employees, agents,representatives and successors,permitted assignees and each of their af?liates,and all persons acting by,through,under or in concert with them,or any of them (individually a “City Party”and collectively,the “City Parties”)against,and to protect,save and keep harmless the City Parties from,and to pay on behalf of or reimburse the City Parties as and when incurred for, any and all liabilities,obligations,losses,damages,penalties,demands,claims,actions,suits, judgments,settlements,costs,expenses and disbursements (including reasonable attorneys’, accountants’and expert witnesses’fees)of whatever kind and nature (collectively,“Losses”), which may be imposed on or incurred by any City Party arising out of or related to (a)any material misrepresentation,material inaccuracy or material breach of any covenant,warranty or representation of Red?ex contained in this Agreement or (b)the willful misconduct or negligence of Red?ex,its employees or agents which results in death or bodily injury to any person or any damage to any real or tangible personal property (including the personal property of third parties),except to the extent caused by the willful misconduct or negligence of any City Party. 8.2.Indemni?cation by City.Subject to Section 8.3,the City hereby agrees to defend and indemnify Red?ex and its affiliates,shareholders,managers,of?cers,directors,employees,agents, representatives and successors,permitted assignees and all persons acting by,through,under or in concert with them,or any of them (individually a “Red?ex Party”and collectively,the “Red?ex Parties”)against,and to protect,save and keep hannless the Red?ex Parties from,and to pay on behalf of or reimburse the Red?ex Parties as and when incurred for,any and all Losses which may be imposed on or incurred by any Red?ex Party arising out of or in any way related to (a)any material misrepresentation,material inaccuracy or material breach of any covenant, warranty or representation of the City contained in this Agreement,(b)the willful misconduct of the City,its employees,contractors or agents which result in death or bodily injury to any person or any damage to any real or tangible personal property (including the personal property of third parties),except to the extent caused by the willful misconduct or negligence of any Red?ex Page 113 of 156 Party,or (c)any claim,action or demand challenging the City’s use of the Red?ex System or any portion thereof,the validity of the results of the City’s use of the Red?ex System or any portion thereof,or the validity of the Citations issued,prosecuted and collected as a result of the City’s use of the Red?ex System or any portion thereof,except to the extent caused by the willful misconduct or negligence ofany Red?ex Party. 83.Indemni?cation Procedures.In the event any claim,action or demand (a “Claim”)for which any Party seeks indemni?cation from the other Party,the Party seeking indemni?cation (the “Indemnified Party”)shall give the Party from whom indemni?cation is sought (the “Indemnifying Party”)written notice of the Claim promptly after the Indemni?ed Party ?rst becomes aware of the Claim;provided,however,that failure so to give such notice shall not preclude indemni?cation with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure.The Indemnifying Party shall have the right to choose counsel to defend such Claim (subject to the approval of such counsel by the Indemni?ed Party,which approval shall not be unreasonably withheld, conditioned or delayed),and to control,compromise and settle such Claim,and the Indemnified Party shall have the right to participate in the defense at its sole expense;provided,however,the Indemni?ed Party shall have the right to take over the control of the defense or settlement of such Claim at any time if the Indemni?ed Party irrevocably waives all rights to indemni?cation from and by the Indemnifying Party.The Indemnifying Party and the Indemni?ed Party shall cooperate in the defense or settlement of any Claim,and no Party shall have the right enter into any settlement agreement that materially affects the other Party’s material rights or material interests without such Party’s prior written consent,which consent will not be unreasonably withheld or delayed. 8.4.LIMITED LIABILITY.Notwithstanding anything contrary in this Agreement,neither Party shall be liable to the other Party for any special,incidental,indirect,consequential,exemplary or punitive damages,including damages resulting from Lost Pro?ts,however caused and on any theory of liability arising out of or relating to this Agreement. 9.NOTICES.Any notices required by this Agreement shall be in writing,and shall be deemed to have been given (a)upon delivery,if delivered by hand,(b)three (3)days after being mailed either first class,certified mail,return receipt requested,postage and registry fees prepaid,or (c)one Business Day after being delivered to a reputable overnight courier service,excluding the US.Postal Service, prepaid,marked for next day delivery,in each case addressed or sent as follows: 9.1.Notices to Red?ex: Red?ex Traf?c Systems,Inc. Attn:Legal Department 5651 W.Talavi Blvd.,Suite 200 Glendale,Arizona 85306 E—Mail:legaldepartment@red?excom 9.2.Notices to the City: City of Pasco Attention:Jeff Harpster,Commander 215 W Sylvester St Pasco,WA 99301 Email:harpsterj@pasco-wa.gov 10.DISPUTE RESOLUTION.The Parties shall engage in informal,good faith discussions and attempt to resolve any dispute or disagreement between the Parties arising out of or relating to this Agreement before initiating arbitration,mediation or litigation.In connection with those informal discussions, each Party shall appoint a designated of?cer and the designated of?cers of the Parties shall meet in person for the purpose of attempting to resolve and dispute.The designated officers shall meet as often as the Parties shall determine to be reasonably necessary.In the event the dispute is not resolved, it shall be resolved by binding arbitration pursuant to RCW 7.04A,as amended,and the Mandatory Page 114 of 156 Rules of Arbitration (MAR);and venue shall be placed in Franklin County,Washington,the laws of the State of Washington shall apply,and the prevailing party shall be entitled to its reasonable attorney fees and costs. 11.MISCELLANEOUS. 11.1.ASSIGNMENT.Neither Party may assign all or any portion of this Agreement without the prior written consent of the other,which consent shall not be unreasonably withheld or delayed. ll.2.RELATIONSHIP BETWEEN REDFLEX AND THE CITY.Nothing in this Agreement shall create,or be deemed to create,a partnership,joint venture or the relationship of principal and agent or employer and employee between the Parties.The relationship between the Parties shall be that of independent contractors,and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either Party to incur any debts or liabilities or obligations on behalf of the other Party (except as speci?cally provided in this Agreement). 11.3.AUDIT RIGHTS.Each of Parties hereto shall have the right to audit the books and records of the other Party (the “Audited Party”)solely for the purpose of verifying the payments,if any,payable pursuant to this Agreement.Any such audit shall be conducted upon not less than forty—eight(48) hours’prior notice to the Audited Party,at mutually convenient times and during the Audited Party’s normal business hours.Except as otherwise provided in this Agreement,the cost of any such audit shall be borne by the non—AuditedParty.In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement,the Audited Party shall promptly pay the amount of the shortfall,and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty ?ve percent (25%)of the amount of actually owing,the cost of such audit shall be borne by the Audited Party,If the audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement,the non-Audited Party shall promptly refund to the Audited Party the amount of the overpayment. 11,4,FORCE MAJEURE.No Party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence.Such causes may include but are not limited to,acts of God,war,terrorism,signi?cant fires,floods,earthquakes,epidemics,severe weather,quarantine restrictions,strikes,freight embargoes,or Governmental Authorities approval delays which are not caused by any act or omission of Red?ex.The Party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 11,5.ADDITIONAL SERVICES.This Agreement may be amended,in accordance with Section 116, to add additional Red?ex systems and products,including,but not limited to school zone speed enforcement, 11,6.ENTIRE AGREEMENT.This Agreement represents the entire Agreement between the Parties, and there are no other agreements (other than invoices and purchase orders),whether written or oral,which affect its terms.This Agreement may be amended only by a subsequent Written agreement signed by both Parties. ll.7.SEVERABILITY.If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part,this Agreement shall continue to be valid as to its other provisions and the remainder of the affected provision. l 1.8.WAIVER.Any waiver by either Party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision of this Agreement, ll.9.CONSTRUCTION.This Agreement shall be construed as having been fully and completely negotiated by both Parties and neither the Agreement nor any of its provision shall be construed more strictly against either Party, 11.10,HEADINGS.The headings of the sections contained in this Agreement are included for reference purposes only,solely for the convenience of the Parties,and shall not in any way be deemed to affect the meaning,interpretation or applicability of this Agreement or any of its terms, conditions or provisions. ll.ll.EXECUTION AND COUNTERPARTS.This Agreement may be executed in any number of counterparts,each of which when so executed and delivered shall be deemed an original,and such counterparts together shall constitute only one instrument.Any one of such Page 115 of 156 counterparts shall be suf?cient for the purpose of proving the existence and terms of this Agreement,and no Party shall be required to produce an original or all of such counterparts in making such proof 11.12.COVENANT OF FURTHER ASSURANCES.All Parties to this Agreement shall,upon request,perform any and all acts and execute and deliver any and all certi?cates,instruments and other documents that may be necessary or appropriate to carry out any of the terms,conditions and provisions of this Agreement. 11.13.REMEDIES CUMULATIVE.Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity,and pursuit of any one remedy shall not be deemed to be an election of such remedy,or a waiver of any other remedy. 11.14.BINDING EFFECT.This Agreement shall inure to the bene?t of and be binding upon all of the Parties and their respective executors,administrators,successors and permitted assigns. 11.15.COMPLIANCE WITH LAWS,Nothing contained in this Agreement shall be construed to require any act contrary to law,and whenever there is a con?ict between any term,condition or provision of this Agreement and any present or future statute,law,ordinance or regulation,the latter shall prevail,but in such event the term,condition or provision of this Agreement affected shall be modi?ed or limited only to the extent necessary to bring it within the requirement of the law,provided that such modi?cation or limitation is consistent with the intent of the Parties as expressed in this Agreement. 11.16.NO THIRD—PARTY BENEFIT.Nothing contained in this Agreement shall be deemed to confer any right or bene?t on any Person who is not a Party to this Agreement. 11.17.INJUNCTIVE RELIEF‘SPECIFIC PERFORMANCE.The Parties agree and acknowledge that a breach of Sections 4.1 (License),4.3 (Restricted Use)or 7 (Con?dentiality)of this Agreement would result in severe and irreparable injury to the other Party,which injury could not be adequately compensated by an award of money damages,and the Parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of these Sections,or to enjoin or prevent such a breach. 11.18.APPLICABLE LAW.This Agreement shall be governed solely by and construed,in all respects,in accordance with the laws of the State of Washington. 11.19.JURISDICATION AND VENUE.Any con?ict,claim or dispute between the Parties affecting,arising out of or relating to the subject matter of this Agreement shall be ?led only in and litigated solely in the Franklin County Superior Court in the State of Washington and all Parties speci?cally consent and agree to the exclusive jurisdiction of that court. 11.20.ATTORNEYS’FEES.In the event any legal action is commenced to enforce or interpret this Agreement,the prevailing Party is entitled to reasonable attorneys fees,costs,and expenses incurred. 11.21.PREVAILING WAGE.Red?ex shall be responsible for complying with the applicable prevailing wage requirements. 1122.Both Parties agree that no provision or requirement of this Agreement shall be interpreted, construed,applied,or enforced if it would result in a potential violation by the City of any applicable statutes or regulations of the State of Washington,including but not limited to Washington State records retention requirements and the Public Records Act,Chapter 42.56 RCW as amended. IN WITNESS WHEREOF,the Parties have executed this Agreement as of the Effective Date. “The City”“Red?ex” CITY OF PASCO,WASHINGTON REDFLEX TRAFFIC SYSTEMS,INC. $74 \§7/QE65 .I_,‘Name:Michael Finn Title:(1 w r L;.'To;/I/'\AA/;‘.l4s£,e,Title:Vice President Page 116 of 156 EXHIBIT “A” Intersection Approaches This Agreement is for the implementation of up to ten (10)Intersection Approaches.The number and identi?cation of enforced approaches will be based on mutual agreement between Red?ex and the City as warranted by community safety and traffic needs‘Nothing in this Agreement shall be construed as requiring the Parties install the maximum number of approaches authorized herein. The City will make all reasonable efforts to provide the list of proposed intersections under consideration prior to formal project kick-off to the designated Red?ex project manager. Page 117 of 156 EXHIBIT “B” Construction and Installation Obligations Timeframe for Installation:Automated Photo Enforcement Program: Red?ex will install,deliver and activate the Designated Intersection Approaches in phases in accordance with an implementation plan to be mutually agreed to by Red?ex and the City.As part of the implementation plan,the Parties will mutually agree upon the number and location of the Intersection Approaches that Red?ex will install as part of the initial project kick—off(“Initial Installation Group”).The Initial Installation Group shall be limited to four (4)Intersection Approaches. Red?ex will use reasonable commercial efforts to install a11dactivate the Initial Installation Group within sixty (60)days of the latest of a)formal project kick-off;b)receipt of the required City approved program Business Rules;and c)receipt of all required government approvals.The City agrees that the estimated timeframe for installation and activation are subject to conditions beyond the control of Red?ex and are not guaranteed. In order to provide the City with timely completion of the installations,Red?ex requires that the City assist with obtaining timely responses to permit requests.The City acknowledges the importance of the safety program and undertakes that in order to keep the project on schedule the City will provide engineering review(s)of Red?ex permit requests and all documentation in a timely manner. 1.REDFLEX OBLIGATIONS.Red?ex shall do or cause to be done each of the following (in each case, unless otherwise stated below,at Red?ex’s sole expense): 1.1.Appoint the Red?ex Project Manager and a project implementation team; 1.2.Request current “as~built”electronic engineering drawings for the Designated Intersection Approaches (the “Drawings”)from the City traf?c engineer; 1.3.Develop and submit to the City for approval construction and installation speci?cations in reasonable detail for the Designated Intersection Approaches,including but not limited to speci?cations for all radar sensors,pavement loops,electrical connections and traffic controller connections,as required; 1.4.Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection Approaches (collectively,the “Approvals”),which will include compliance with City permit applications; 1.5.Finalize the acquisition of the Approvals; 1.6.Apply for and pay the business tax and registration tax for a business license,in accordance with Pasco Municipal Code; 1.7.Assist the City in developing a public awareness strategy,which may include media and educational materials; 1.8.Complete the installation and testing of all necessary Equipment,including hardware and software,at the Designated Intersection Approaches; 1.9.Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersection Approaches,including but not limited to the installation of all related Equipment and other detection sensors,poles,cabling,telecommunications equipment and wiring,which work shall be performed in compliance with all applicable local,state and federal laws and regulations; 1.10.Install and test the functionality of the Designated Intersection Approaches with the Red?ex System and establish fully operational Violation processing capability with the Red?ex System; l.11.lmplement the use of the Red?ex System at each of the Designated Intersection Approaches; 1.12.Deliver the Materials to the City; 1.13.Citation processing and citation issuance/re-issuance for Authorized Violations; 1.14.Once a year,upon request of the City,provide training (i)for up to ??een (15)personnel of the City,including but not limited to the persons who City shall appoint as Authorized Employees and other persons involved in the administration of the Program,(ii)for up to sixteen (16)hours in the aggregate,(iii)regarding the operation of the Red?ex System and the Program,which training shall include training with respect to the Red?ex System and its operations,strategies for Page 118 of 156 presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.15.Provide all necessary communication,broadband and telephone services to the Designated Intersection Approaches; 1.16.Establish an interface by utilizing City’s ability,as a government entity,to access the records data of the Washington State Department of Licensing.Red?ex will assist the City in the developing an interface to be provided by the Department of Licensing; 1.17.Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System,the development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings,and coordination between Redflex,and the City;and 1.18.The Red?ex Project Manager (or a reasonable alternate)shall be available to the Authorized Officers each day,on a reasonable best efforts basis. CITY OBLIGATIONS.The City shall do or cause to be done each of the following (in each case, unless otherwise stated below,at the City’s sole expense): 2.1.Appoint the Project Manager; 2.2.Assist Red?ex in obtaining the Drawings from the relevant Governmental Authorities; 2.3.Notify Red?ex of any speci?c requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Program; 2.4.Provide ongoing assistance to Red?ex in obtaining access to the records data of the Washington State Department of Licensing in Red?ex’s capacity as an independent contractor to the City; 2.5.Provide reasonable access to the City’s properties and facilities in order to permit Red?ex to install and test the functionality of the Designated Intersection Approaches and the Program; 2.6.Provide reasonable access to the personnel of the City and reasonable information about the speci?c operational requirements of such personnel for the purposes of performing training; 2.7.Seek approval or amendment of Awareness Strategy and provide written notice to Red?ex with respect to the quantity of media and program materials (the “Materials”)that the City will require in order to implement the Awareness Strategy during the period commencing on the date on which Red?ex begins the installation of any of the Designated Intersection Approaches and ending one (1)month after the Installation Date; 2.8.Develop the Violation Criteria and provide the Violation Criteria to Red?ex; 2.9.Seek approval of the Enforcement Documentation; 2.10.On no less than a monthly basis and no later than the 15"‘calendar day following the end of the previous month,the City shall provide,without cost to Red?ex,reports regarding the prosecution of Citations,the collection of fines,fees and other monies and available collision data,in such format as Red?ex may reasonably request; 2.11.Yellow Light Timing Review:The City is responsible to ensure that the yellow or amber light phase timing at all photo enforced intersections meets minimum standards according to Federal, State,and local laws,guidelines,and/or rules; 2.12.Provide on-going adequate electrical power in order to operate the Designated Intersection Approaches; 2.13.The City will allow Red?ex to use existing conduit space and existing infrastructure,including but not limited to traffic signal poles and light poles,as available; 2.14.The City shall be responsible to provide and install LED traffic signal lights (yellow and red)at all enforced locations;and 2.15.The City is responsible for all computer hardware,web browsers and high-speed Internet access necessary for the Authorized Employee to access the Red?ex systems and software; 2.16.The City shall be solely responsible for the fabrication of any signage,notices or other postings required pursuant to any law,rule or regulation of any Governmental Authority (“Signage”), including but not limited to the applicable State statute.The City shall be responsible for installing required Signage. Page 119 of 156 EXHIBIT “C” Maintenance All repair and maintenance of the Program and related equipment will be the sole responsibility of Red?ex,including but not limited to maintaining the casings of the cameras included in the Red?ex System and all other Equipment in reasonably clean and graf?ti~£ree condition. Red?ex shall not open the Traf?c Signal Controller Boxes without a representative of City Public Works Department present. In the event that images of a quality suitable for the Authorized Employee to identify Violations cannot be reasonably obtained without the use of ?ash units,Red?ex shall provide and install such ?ash units. Red?ex may assign speci?c personnel to provide follow up assistance to the City in the form of the HELPDESK,a designated City Service Representative and a Director of Accounts. Red?ex will make commercially reasonable efforts to promote the City’s successful utilization of the System,including but not limited to providing the City with user guides,online help,online training and presentations (as available).Red?ex will respond to helpdesk requests for support within 8 hours of the request except where circumstances beyond its control preclude a response within that time. Red?ex will use commercially-reasonable efforts to respond to all other support requests within 24 hours for requests received during the period of 8 am to 5 pm Central Standard Time,Monday through Friday.Red?ex shall be responsible for receiving City reports of errors in the System,and,to the extent practicable over email or telephone,making commercially-reasonable efforts to assist the City in resolving the City’s reported problems.If the problem cannot be resolved telephonically,Red?ex will use commercially-reasonable efforts to restore functionality in accordance with System speci?cations within 72 hours of Red?ex‘s receipt of the reported problem. Red?ex must promptly notify the City of any and all upgrades and technology modi?cations,including but not limited to software,hardware,camera systems,violation detection systems upon the product’s general availability (not in alpha,beta and testing phases).Should the City decide to implement any such upgrades or modi?cations it will be at a price and on terms mutually agreed by the Parties. In the event a camera system is knocked down or suffers vandalism rendering the approach inoperative,the City will secure the camera system by removing the system from the scene and storing it in a secure location.Red?ex must pay the City for the cost of a City maintenance team to secure their camera system when an after-hours callout is required.Red?ex is not required to reimburse the City when a City maintenance team secures a camera system during regular business hours. The City shall notify Red?ex as soon as possible if any camera system is knocked down or subject to vandalism. Roadway/Intersection improvement projects:City shall reimburse Red?ex the costs of replacing and or modi?cation of operational system approaches necessitated or caused by roadway or intersection improvement projects. Page 120 of 156 EXHIBIT “D” COMPENSATION &PRICING PRICING PROVISIONS AND OPTIONS: The City agrees to pay Red?ex as follows: Designated Intersection Approaches The City shall pay Red?ex $4,870 per Designated Intersection Approach per month. BUSINESS ASSUMPTIONS FOR ALL PRICING PROVISIONS AND OPTIONS: Each year,on the anniversary date of the contract,the pricing will increase by a percentage equal to the U.S.Department of Labor CPI-U,U.S.City Average for the preceding calendar year. Except for a balance remaining pursuant to the Cost Neutrality provision below,City agrees to pay Red?ex within thirty (30)days after an invoice is received.A monthly late fee of 1.5%is payable for amounts remaining unpaid 60 days from date of invoice. All fees charged by third parties for processing credit cards (“Merchant Fees”)will be borne by the City and paid from the paid Citations.Online convenience fees are not considered Merchant Fees or revenue received or as payment toward the Fixed Monthly Fee to be paid by the City.Online convenience fees are the responsibility of the Violator and are passed solely onto Red?ex. At the City’s request,Redtlex can implement a default collection process managed by a third-party collections expert with the aim of increasing violator compliance.If the Parties decide to use a third- party collections expert,they shall do so in a written amendment to this Agreement that shall provide for any corresponding changes to the terms and conditions in this Agreement. Cost Neutrality 5.1.The City shall have the option to make payments to Red?ex in accordance with the Cost Neutrality Payment Option.Under this option,the City may defer payment of that portion of the monthly service fee in excess of the amount collected during that month until the City has collected sufficient funds pursuant to this Agreement to pay that portion of the monthly service fee (“Deferred Monthly Service Fee”).A Deferred Monthly Service Fee shall be paid from the funds collected in the following month pursuant to this Agreement provided that sufficient funds are collected during that month to pay the Deferred Monthly Service Fee.Specifically,the funds collected each month pursuant to this Agreement shall be applied ?rst to any unpaid Deferred Monthly Service Fees and then to that month’s service fee;provided,however,that the City shall never be required to pay in any month an amount in excess of the funds collected that month. 5.2.Red?ex shall maintain an accounting of the net balance of monthly service fees and Deferred Monthly Service Fees owed to Red?ex.In any event,the City will not be obligated to pay the full amount of an invoice for any given month unless there is suf?cient revenue collected in that month to pay all of the amounts of the prior invoices that were deferred as well as the full amount of the current month's invoice. 5.3.Cost Neutrality will be reconciled at the end of the contract.If at the expiration or termination of this Agreement there is an outstanding balance of unpaid Deferred Monthly Service Fees,any funds collected by the City for the subsequent twelve (12)months on account of Citations issued as a result of the Program shall be applied to the outstanding balance until that balance is fully paid. 5.4.Cost neutrality is guaranteed except as follows: 5.4.1.If police or Authorized Employees fail to approve violations by the due date,in good faith and due diligence; 5.4.2.If systems are de-activated due to City requirement; 5.4.3.If collections are not reasonably pursued,unless,despite attempts by the City to encourage collections by the courts,the courts fail to pursue unpaid collections;or 5.4.4.City directs Red?ex to install a camera at a site that is not mutually agreed upon. Page 121 of 156 EXHIBIT “E” Additional Rights and Obligations Red?ex and the City shall respectively have the additional rights and obligations set forth below: 1.Red?ex shall assist the City in public information and education efforts,including but not limited to the development of artwork for utility bill inserts,press releases and schedules for any public launch of the Program.All costs related to the foregoing,including actual print and production costs,are the responsibility of the City. The City shall not access the Red?ex System or use the Program in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Red?ex System or the Program with respect to any Intersection Approaches constructed or maintained by Red?ex for such Person,or which could damage,disable,impair or overburden the Red?ex System or the,and the City shall not attempt to gain unauthorized access to (i)any account of any other Person,(ii)any computer systems or networks connected to the Red?ex System,or (iii)any materials or information not intentionally made available by Red?ex to the City by means of hacking,password mining or any other method whatsoever,nor shall the City cause any other Person to do any of the foregoing. The City shall maintain the con?dentiality of any username,password or other process or device for accessing the Red?ex System or using the Program. Red?ex and the City shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other Party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information,and when so advised,Red?ex and the City shall obey any and all such rules and regulations. The City shall promptly reimburse Red?ex for the cost of repairing or replacing any portion of the Red?ex System,or any property or equipment related thereto,damaged directly or indirectly by the City,or any of its employees,contractors or agents. The Parties shall agree on speci?c Business Rules governing the function and operation of the Red?ex System. If Red?ex and the City use an online payment system for violations,payment for violations shall be made through a payment portal maintained by the City of Pasco.The online payment system’s website shall redirect cited individuals to the City portal for final payment. Page 122 of 156 EXHIBIT “F” Insurance l.Red?ex shall procure and maintain at Red?ex’s sole cost and expense the following insurance coverage in connection with the performance of work or services pursuant to this Agreement by Red?ex,and each of Red?ex’s subcontractors,agents,representatives and employees: —Commercial General Liability Insurance.Commercial General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000)combined single limit per occurrence for bodily injury and property damage,Two Million Dollars ($2,000,000) Products—CompletedOperations Aggregate and Two Million Dollars ($2,000,000) General Aggregate,such limits of coverage may be met through any combination of primary and excess liability policies; —Business Automobile Liability Insurance.Business Automobile Liability Insurance with coverage of not less than One Million Dollars ($1,000,000)combined single limit per accident for bodily injury or property damage,including but not limited to coverage for all automobiles owned,non—ownedand hired by Red?ex,such limits of coverage may be met through any combination of primary and excess liability policies; —Professional Liability (Errors and Omissions)Insurance.Red?ex will use its commercial best efforts to procure and maintain Professional Liability (Errors and Omissions) Insurance with coverage of not less than Two Million Dollars ($2,000,000)each and every claim and in the Aggregate;and —Workers’Compensation and Emp1oyer’s Liability Insurance‘Workers’Compensation Insurance with coverage of not less than that required by the Labor Code of the State of Washington,and Employer’s Liability Insurance with coverage of not less than: $1,000,000 Bodily Injury by Accident —Each Accident $1,000,000 Bodily Injury by Disease —Policy Limit $1,000,000 Bodily Injury by Disease —Each Employee 2.With respect to the Commercial General Liability Insurance the following additional provisions shall apply: —The City or Cities shall be named as additional insureds with respect to the Commercial General Liability insurance;and -The Commercial General Liability insurance shall be the primary insurance with respect to the City or Cities in connection with this Agreement,and any insurance or self- insurance maintained by the City or Cities shall be in excess,and not in contribution to, such insurance;and —The Commercial General Liability insurance shall include “Separation of Insureds” wording which states that such insurance coverage shall apply separately with respect to each insured against whom claim is made or suit is brought,except with respect to the limits of insurance or any rights or duties speci?cally assigned to Red?ex in such insurance policies. 3.With respect to the insurance described above,Red?ex shall not cancel or materially reduce the coverage without providing the City thirty (30)days prior written notice by certi?ed mail.With respect to the insurance described above,if any of the Red?ex Parties are noti?ed by any insurer that such coverage will be materially reduced or cancelled,Red?ex shall provide written notice within ten (10)business days of receipt of such notice to the City or Cities and shall take all necessary actions to correct such cancellation in coverage limits,and shall provide written notice to the City or Cities of the date and natiue of such correction.If Red?ex,for any reason,fails to maintain the insurance coverage required pursuant to this Agreement,such failure shall be deemed a material breach of this Agreement,and the City or Cities shall have the right,but not the obligation and exercisable in its/their sole discretion,to either (i)terminate this Agreement and seek damages from Red?ex for such breach,or (ii)purchase such required insurance,and without further notice to Red?ex,deduct from any amounts due to Redtlex pursuant to this Agreement, any premium costs advance by the City or Cities for such insurance.If the premium costs advanced by the City or Cities for such insurance exceed any amounts due to Red?ex pursuant to Page 123 of 156 this Agreement,Red?ex shall promptly remit such excess amount to the City or Cities upon receipt of written notice thereof. Red?ex shall provide certi?cates of insurance evidencing the insurance required pursuant to the terms of this Agreement,which certi?cates shall be executed by an authorized representative of the applicable insurer,and which certi?cates shall be delivered to the City prior to Red?ex commencing any work pursuant to the terms of this Agreement. Page 124 of 156 Page 125 of 156 CITY OF PASCO : AUTOMATED PHOTO ENFO RCEMENT PROGRAM STUDY , PHASE 1 DATE: September 21, 2020 TO: Steve Worley City of Pasco FROM: Brian Chandler and Caleb Trapp | DKS Associates SUBJECT: Automated Photo Enforcement Program Data Analysis and Evaluation Project #20118-000 EXECUTIVE SUMMARY A history of intersection traffic crashes at the N 20th Ave & W Court St and N Rd 68th & Burden Blvd intersections prompted the City of Pasco to install automated photo enforcement at these locations. The purpose of the automated photo enforcement program is to reduce the frequency of red-light running events and related crashes that can lead to personal injury (e.g., angle crashes, left-turn crashes). A video survey in December of 2017 suggested that the addition of automated enforcement could issue hundreds of notices a month and hopefully change driver behavior. In spring of 2018, the City of Pasco installed automated enforcement at two intersections, N 20th Ave & W Court St and N Rd 68th & Burden Blvd. The results of this study will conclude the effect of this study and potential next steps for the City. The objective of this study is to evaluate the effectiveness of the Automated Photo Enforcement Program at these two locations based on a limited data set, and to make a recommendation regarding continuation of the program. The evaluation resulted in these findings related to the effect of the automated photo enforcement program at the study intersections:  Red-lighting running has reduced. Before-and-after data show a reduction in the frequency of red-light running events at the approaches with automated enforcement systems installed.  Safety may be improved, too. The data available for crash analysis were limited, but crashes the team studied indicated a downward trend in collisions at these intersections. More time is required to conduct a valid safety analysis. Page 126 of 156 2 N ROAD 68 & BURDEN B OULEVAR D NORTHBOUND RED -LIGHT RUNNING VIOLATIONS All automated photo enforcement program data for N Road 68 & Burden Boulevard came from Redflex Alycyon reports from February 2019 to June 2020. On April 16th, 2019, the northbound automated photo enforcement system, was functional and began issuing warnings to vehicles. Starting August 19th, 2019, the system began issuing tickets to vehicles, and stopped issuing warnings. To provide clear comparisons between months, the study team started analysis in September 2019 and continued through June 2020. During the study period, the system issued 1,034 red-light running citations for northbound drivers violating the traffic signal. Figure 1 shows the frequency of citations per month. FIGURE 1. 68 AND BURDEN: NORTHBOUND RED-LIGHT RUNNING CITATIONS BY MONTH As seen in Figure 1, the most tickets issued in a month was 135 in September 2019, and the fewest was 62 in February 2020. From September 2019 to February 2020, red-light running saw a decreasing trend as the number of tickets issued fell from 135 a month to 62. The data suggests a strong downward trend for these 5 months, confirming the City’s decision to install automated enforcement. From March 2020 to June, COVID-19 has been a factor in traffic volumes and thus effect red-light running numbers. The number of violations has increased into the summer as traffic volumes increased, but the number has remained below previous levels. Figure 2 below illustrates the frequency of red-light violations and citations by day of the week. 135 129 121 83 66 62 64 91 118 112 0 20 40 60 80 100 120 140 160 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Page 127 of 156 3 FIGURE 2. 68 AND BURDEN NORTHBOUND RED-LIGHT RUNNING CITATIONS BY DAY OF WEEK Friday has the greatest occurrence of red-light running with a total of 206 tickets issued during the study period, or roughly 60 higher than the average of 148. Higher Friday and Saturday citation frequency may indicate more red-light running during recreational travel (including Friday and Saturday nights) than weekday commuter trips. SOUTHBOUND RD 68 RED -LIGHT RUNNING VIOLAT IONS All automated enforcement data for N Road 68 & Burden Boulevard came from Redflex Alycyon reports from February 2019 to June 2020. On April 15th, 2019, the Southbound automated enforcement system was functional and began issuing warnings to vehicles. Starting August 19th, 2019, the system began issuing tickets to vehicles, and stopped issuing warnings. To provide clear comparisons between months, the study team started analysis in September 2019 and continued through June 2020. During the study period, the system issued 2,063 red-light running citations for northbound drivers violating the traffic signal. Figure 3 shows the frequency of citations per month. 127 140 117 111 144 206 189 0 50 100 150 200 250 Day of the Week Average Page 128 of 156 4 FIGURE 3. 68 AND BURDEN SB RED-LIGHT RUNNING CITATIONS BY MONTH As seen in Figure 3, the most tickets issued in a month was 335 in September 2019, and the fewest was 98 in April 2020. The general trend is a large decrease in the fall of 2019, then remaining in the 100 to 150 range from January to June. From September 2019 to February 2020, red-light running saw a large decreasing trend as the number of tickets issued fell by half, from 335 a month to 124 , confirming the City’s decision to install the automated photo enforcement program. From March 2020 to June, COVID-19 has been a factor in traffic volumes and thus effect red-light running numbers. The number of violations has increased into the summer as traffic volumes increased, but the number has remained below previous levels. Figure 4 below illustrates the frequency of red-light violations and citations by day of the week. 335 317 245 195 157 124 109 98 137 159 0 50 100 150 200 250 300 350 400 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Page 129 of 156 5 FIGURE 4. 68 AND BURDEN SB RED-LIGHT RUNNING TICKETS BY DAY OF THE WEEK Friday has the greatest occurrence of red-light running with a total of 382 tickets issued during the study period, or roughly 90 higher than the average of 294. Sunday has the lowest number of red- light running with a total of 218, being almost 80 below the average. N RD 68 & BURDEND BL VD: INTERSECTION COLLISI ONS The project team conducted a comprehensive safety analysis of the intersection of N Road 68 and Burden Boulevard using WSDOT-provided collision data for two time periods:  Before: 2014-2018  After: September to December 2019 218 314 275 261 304 382 309 0 50 100 150 200 250 300 350 400 450 Day of the Week Average Page 130 of 156 6 FIGURE 5. 68 & BURDEN INTERSECTION CRASH LOCATIONS Table 1 and Figure 6 summarize the number of collisions that occurred from 2014 to 2018 (before installation of the red-light running system), categorized by crash severity. TABLE 1. 68 & BURDEN INTERSECTION CRASH FREQUENCY BY SEVERITY AND YEAR CRASH SEVERITY YEARS TOTAL 2014 2015 2016 2017 2018 SUSPECTED SERIOUS INJURY - - 1 1 - 2 SUSPECTED MINOR INJURY 1 1 - - - 2 POSSIBLE INJURY 4 7 3 4 5 23 NO APPARENT INJURY 24 20 16 16 22 98 TOTAL 29 28 20 21 27 125 Page 131 of 156 7 FIGURE 6. 68 & BURDEN INTERSECTION CRASH FREQUENCY BY SEVERITY AND YEAR The total number of crashes from 2014 to 2018, before installation of the automated photo enforcement system, was 125 (average of 25 crashes per year). Table 2 shows a breakdown of those crashes by year and collisions type. TABLE 2. 68 & BURDEN INTERSECTION BY COLLISION TYPE COLLISION TYPE 2014 2015 2016 2017 2018 TOTAL REAR-END 14 14 9 10 14 61 SIDESWIPE 3 6 4 7 3 23 ENTERING AT ANGLE 5 6 4 3 5 23 FROM OPPOSITE DIRECTION - ONE LEFT TURN - ONE RIGH T TURN 2 - 1 - 2 5 FROM OPPOSITE DIRECT ION - ONE LEFT TURN - ONE STRA IGHT 3 1 - 1 1 6 OTHER 2 1 2 - 2 7 TOTAL 29 28 20 21 27 125 The collision types most likely to be reduced with automated photo enforcement are Entering at Angle (23 crashes) and those with vehicles entering from opposite directions (11 crashes). 24 20 16 16 22 4 7 3 4 5 1 1 1 1 0 5 10 15 20 25 30 35 2014 2015 2016 2017 2018 No Apparent Injury Possible Injury Suspected Minor Injury Suspected Serious Injury Page 132 of 156 8 Table 3 shows a preliminary before-and-after comparison of the average annual crash frequency at the intersection. It compares the 2014-2018 data to the September to December 2019 time with full automated enforcement implementation (i.e., installation and citations given) and crash data available. TABLE 3. 68 & BURDEN INTERSECTION COLLISION PER YEAR YEAR AVERAGE CRASH FREQUENCY PER YEAR Previous 5 years 2014 - 2018 25 After Installation of the Automated Enforcement Program and Citations September – December 2019 18* *Due to crash data limitations and the date citations were given at the intersection, this value is based upon 4 months of crash data (6 collisions occurred from September to December 2019) and then multiplied by 3 to generate an annual average. This is a non-standard calculation performed only to identify a suggested trend in crashes, but it does not constitute a statistically-valid study. The six crashes that occurred in September-December 2019 were as follows.  Two rear end crashes in September and October  From opposite direction - one stopped – head-on in September  Entering at angle crash in October  Fixed object crash hits metal post in November  From same direction – both going straight – both moving – sideswipe in December Page 133 of 156 9 N 20 TH AVENUE & W COURT STREET SOUTHBOUND 20 TH AVENUE RED -LIGHT RU NNING VIOLATIONS All automated photo enforcement program data for SB N 20th Avenue and W Court Street came from Redflex Alycyon reports from February 2019 to June 2020. On April 16, 2019, the SB automated enforcement system was functional and began issuing warnings to vehicles. Starting August 19, 2019, the system began issuing tickets to vehicles, and stopped issuing warnings. To provide clear comparisons between months, the study team started an alysis in September 2019 and continued through June 2020. During the study period, the system issued 1,796 red-light running citations for northbound drivers violating the traffic signal. Figure 7 shows the frequency of citations per month. FIGURE 7. 20th AND COURT: SOUTHBOUND RED-LIGHT RUNNING CITATIONS BY MONTH Overall, the number of red-light running citations has been decreasing. The most tickets issued in a month was 279 in October 2019, and the fewest was 91 in April 2020. From September 2019 to February 2020, red-light running saw a decreasing trend as the number of tickets issued fell from over 250 a month to 113. The data suggests a strong downward trend for these 5 months, confirming the City’s decision to implement the automated photo enforcement program. From March 2020 to June, COVID-19 has been a factor in traffic volumes and thus effect red-light running numbers. The number of violations has increased into the summer as traffic volumes increased, but the number has remained below previous levels. Figure 8 below illustrates the frequency of red-light violations and citations by day of the week. 269 279 205 152 190 113 115 91 154 134 0 50 100 150 200 250 300 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Page 134 of 156 10 FIGURE 8. 20th AND COURT: SOUTHBOUND RED-LIGHT RUNNING CITATIONS BY DAY OF THE WEEK Friday has the greatest occurrence of red-light running with a total of 326 tickets issued during the study period, or roughly 70 higher than the average of 257 . WESTBOUND COURT STRE ET RED -LIGHT RUNNING VIOLATIONS All automated photo enforcement program data for WB N 20th Avenue and W Court Street came from Redflex Alycyon reports from February 2019 to June 2020. On May 14 , 2019, the WB automated photo enforcement system was functional and began issuing warnings to vehicles. Starting August 19, 2019, the system began issuing tickets to vehicles, and stopped issuing warnings. To provide clear comparisons between months, the study team started analysis in September 2019 and continued through June 2020. During the study period, the system issued 1,287 red-light running citations for northbound drivers violating the traffic signal. Figure 9 shows the frequency of citations per month. 189 245 237 258 310 326 231 0 50 100 150 200 250 300 350 Day of the Week Average Page 135 of 156 11 FIGURE 9. 20th AND COURT: WESTBOUND RED-LIGHT RUNNING CITATIONS BY MONTH Overall issued red-light running tickets through the study period began increasing, and then decreased again over the winter. The most tickets issued in a month was 197 in December 2019, and the fewest was 34 in September 2019. In this case, the study team suspects problems with the automated photo enforcement system in September and October that resulted in these lower- than-anticipated citations compared to the other approaches in this study. From March 2020 to June 2020, COVID-19 has been a factor in traffic volumes and thus effect red- light running numbers. The number of violations has increased into the summer as traffic volumes increased, but the number has remained below previous levels. Figure 10 illustrates the frequency of red-light violations and citations by day of the week. 34 114 189 197 176 110 91 93 120 127 0 50 100 150 200 250 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Page 136 of 156 12 FIGURE 10. 20th AND COURT WESTBOUND RED-LIGHT RUNNING CITATIONS BY DAY OF THE WEEK Friday has the greatest occurrence of red-light running with a total of 217 tickets issued during the study period while Sunday had the lowest of 148 tickets. The average red-light violations for any day of the week is 184, with a maximum and minimum values within 40 crashes. 148 198 210 149 210 217 155 0 50 100 150 200 250 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Day of the Week Average Page 137 of 156 13 N 20 TH AVE & W COURT ST: INTERSECTION COLLISI ONS The project team conducted a comprehensive safety analysis of the intersection of N 20th Avenue and W Court Street using the City of Pasco collision data from 2014 to May 2020. After selecting crashes specifically at the intersection, the study team identified 64 collisions. FIGURE 11. 20th AND COURT INTERSECTION CRASH LOCATIONS Table 4 and Figure 12 summarize the number of collisions that occurred over since 2014, categorized by crash severity. TABLE 4. 20th & COURT INTERSECTION CRASH FREQUENCY BY SEVERITY AND YEAR CRASH SEVERITY YEAR GRAND TOTAL 2014 2015 2016 2017 2018 NO APPARENT INJURY 11 10 5 11 6 43 POSSIBLE INJURY 5 1 - 4 4 14 SUSPECTED MINOR INJURY 1 - - - - 1 TOTAL 17 11 5 15 10 58 Page 138 of 156 14 FIGURE 12. 20th AND COURT: INTERSECTION CRASH FREQUENCY BY SEVERITY AND YEAR The total number of crashes from 2014 to 2018, before implementation of the automated photo enforcement program, was 58 (average of 11.6 crashes per year). Table 13 shows a breakdown of those crashes by year and collisions type. TABLE 13. 20th & COURT INTERSECTION BY COLLISION TYPES COLLISION TYPE 2014 2015 2016 2017 2018 TOTAL REAR END 12 4 2 6 2 20 FROM OPPOSITE DIRECT ION - ONE LEFT TURN - ONE STRAIGHT 1 3 - 7 6 17 ENTERING AT ANGLE 1 - 3 1 1 6 FROM SAME DIRECTION - ONE RIGHT TURN - ONE STRAIGHT 1 2 - 1 - 4 SIDESWIPE 2 1 - - 1 3 FROM OPPOSITE DIRECT ION - ONE LEFT TURN - ONE RIGHT TUR N - 1 - - - 1 TOTAL 17 11 5 15 10 58 Rear-end collisions were the largest crash type at 20 events or 34% of all collisions at this intersection. The next highest with 17 crashes out of 64, or 29%, was left turn hitting a vehicle going straight in the opposite direction. 11 10 5 11 6 5 1 4 4 1 0 2 4 6 8 10 12 14 16 18 2014 2015 2016 2017 2018 No Apparent Injury Possible Injury Suspected Minor Injury Page 139 of 156 15 Table 14 shows a preliminary before-and-after comparison of the average annual crash frequency at the intersection. It compares the 2014-2018 data to the September to December 2019 time with full automated photo enforcement program implementation (i.e., installation and citations given) and crash data available. TABLE 14. 20th & COURT INTERSECTION COLLISION PER YEAR YEAR AVERAGE CRASH FREQUENCY PER YEAR Previous 5 years 2014 - 2018 11.6 After Implementation of the Automated Photo Enforcement Program and Citations September – December 2019 6* *Due to crash data limitations and the date citations were given at the intersection, this value is based upon 4 months of crash data (2 collisions occurred from September to December 2019) and then multiplied by 3 to generate an annual average. This is a non-standard calculation performed only to identify a suggested trend in crashes, but it does not constitute a statistically-valid study. The two crashes that occurred in September-December 2019 were as follows.  From opposite direction – one left turn – one straight in September  Entering at angle in October STUDY LIMITATIONS AND NEXT STEPS Analysis of the automated photo enforcement program relied on data from the vendor for violation and citation data, and on the State of Washington for collision data.  For the 20th & Court Westbound approach, data analysis indicates issues with the initial placement of equipment for the automated photo enforcement program, resulting in low Fall 2020 citation numbers. This was not the case on the other 20th & Court approach or the Rd 68 & Burden intersection.  State of Washington crash data for 2020 were not sufficiently validated, so they were not used.  Since the system was installed and tested throughout 2019, the study team did not use any crash or violation data from January-August 2019. The COVID-19 pandemic, Washington’s stay-at-home order, and associated reductions in traffic volume had a significant effect on the data. The study team recommends a second phase of analysis to confirm the observed reductions in red - light running violations and associated collisions at the two intersections. As the impact of COVID - 19 lessens, the value of the system to reduce crashes will be easier to assess. Page 140 of 156 BRIAN CHANDLER, PE, PTOE, RSP2IB, PMP NATIONAL DIRECTOR FOR TRANSPORTATION SAFETY brian.chandler@dksassociates.com 206.276.2668 CITY OF PASCO AUTOMATED PHOTO ENFORCEMENT PROGRAM STUDY Page 141 of 156 AGENDA 1 / STUDY PURPOSE 2 / FINDINGS •Frequency of Red-Light Running Citations •Frequency of Intersection Crashes 3 / CONCLUSION & NEXT STEPS Page 142 of 156 STUDY PURPOSE: AUTOMATED PHOTO ENFORCEMENT PROGRAM EFFECTIVENESS Page 143 of 156 AUTOMATED PHOTO ENFORCEMENT INSTALLATIONS •Automated photo enforcement system installed February 2019 •N Road 68 & Burden Blvd •N 20th Ave & W Court St •Citations given since mid-August 2019 4 Northbound N Rd 68 at Burden Blvd Page 144 of 156 AUTOMATED PHOTO ENFORCEMENT PROGRAM STUDY •Preliminary evaluation of effectiveness •Reducing frequency of red-light running violations •Improving intersection safety •Study limitations •10 months of “after” citation data (Sep 2019 –Jun 2020), including COVID-19 period •4 months of “after” crash data available (Sep –Dec 2019) 5Page 145 of 156 FINDINGS Page 146 of 156 RED -LIGHT RUNNING CITATIONS 7Page 147 of 156 RED -LIGHT RUNNING CITATIONS 8Page 148 of 156 INTERSECTION CRASHES 9 * After data = 6 crashes in 4 months, multiplied by 3 for annual average. Not statistically significant.Page 149 of 156 INTERSECTION CRASHES 10 * After data = 2 crashes in 4 months, multiplied by 3 for annual average. Not statistically significant.Page 150 of 156 CONCLUSION & NEXT STEPS Page 151 of 156 CONCLUSIONS •Safety has improved •Early indications show potential reduction in intersection crashes •Red light running has reduced •Clear reduction in frequency of red-light running violations 12Page 152 of 156 NEXT STEPS •Continue to monitor violations •Track through Winter 2020-21 to determine seasonal impacts •COVID-19 recover will affect traffic patterns •More after data will solidify results •Re -analyze later to include 2020 crash data •More data required to confirm results 13Page 153 of 156 BRIAN CHANDLER, PE, PTOE, RSP2IB, PMP NATIONAL DIRECTOR FOR TRANSPORTATION SAFETY brian.chandler@dksassociates.com 206.276.2668 THANK YOU Page 154 of 156 AGENDA REPORT FOR: City Council October 8, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 10/12/20 FROM: Rick White, Director Community & Economic Development SUBJECT: Downtown Master Plan and Sign Code Update I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: As a result of Council discussion at the biennial retreat earlier this summer, staff will be proposing funding in the 2021/2022 Budget to accomplish a Downtown Master Plan. It is anticipated that the planning process involve a robust public engagement process, a review land use regulations associated with the Central Business District, consideration of district boundaries, and provide for a an inventory the physical and economic attributes of the downtown area; determine deficiencies in infrastructure or other physical factors; and suggest priorities for public investment. In a related effort that is currently occurring, the City's signage regulations are being reviewed in a two (2) phase process that is examining the structure of the Sign Code (Title 17 PMC); suggesting formatting and numbering changes that will increase readability and understanding of signage regulations and setting the stage for work in 2021 (assuming funding approval in the 2021/2022 Budget) that will examine signage regulations which are tailored for specific areas of Pasco (Downtown; auto - oriented commercial corridors and Broadmoor). Both of these processes can be focused to examine the issue of "murals" in the downtown area. In that "murals" typically include commercial and/or non - commercial messages, it is proposed that the City's newly appointed Arts & Culture Commission have a significant role in developing and recommending City policies on "public art" that should be weighed concurrently with Council's review and considera tion of both the Downtown Master Plan effort, the Sign Code update and perhaps with legal Page 155 of 156 counsel. Considerable coordination of the three processes above will need to occur to insure that an adopted arts policy is in place prior to revised regulations involving murals. V. DISCUSSION: The expected timing of these processes is mid summer of 2021 - again depending on approval through the budgeting process. Council discussion of this approach would be welcome. Page 156 of 156