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2020.10.19 Council Remote Meeting Packet
Remote Regular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. October 19, 2020 Page 1. REMOTE MEETING INSTRUCTIONS: (a) Governor Inslee's Proclamation No. 20-28, made in response to the COVID-19 emergency, prohibits members of the public from attending City meetings in-person but requires agencies to provide options for the public to participate in remotely. To best comply, the City asks all members of the public that would like to comment regarding items on the agenda, where the public is allowed to speak, to fill out a form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of each meeting. To listen to the meeting via phone, call (213) 929-4212 and use access code 555-318-622. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER: 3. ROLL CALL: (a) Pledge of Allegiance 4. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 6 - 15 (a) Approval of Meeting Minutes To approve the minutes of the Pasco City Council remote Workshop and Meeting held on October 5, 2020, and remote Workshop held on October 12, 2020. Page 1 of 185 Remote Regular Meeting October 19, 2020 16 - 18 (b) Bills and Communications To approve claims in the total amount of $3,954,930.89 ($2,825,520.25 in Check Nos. 237946-238189; $281,709.55 in Electronic Transfer Nos. 829794, 829801, 829804; $11,662.88 in Check Nos. 53439-53448; $832,888.78 in Electronic Transfer Nos. 30153198-30153721; $3,149.43 in Electronic Transfer Nos. 715-721). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non- criminal, criminal, and parking) accounts receivable in the total amount of $109,017.35 and, of that amount, authorize $0.00 to be turned over for collection. 19 - 29 (c) Resolution - Interlocal Agreement with Port of Pasco for Sewer Main Installation To approve Resolution No. 3999, approving the Interlocal Agreement with the Port of Pasco extending the sanitary service line at the Fire Training Center at 1011 E. Ainsworth Avenue and further, authorize the City Manager to execute the agreement. 30 - 46 (d) Resolution - Interlocal Agreement with Emergency Management Services To approve Resolution No. 4000, approving the proposed Interlocal Agreement with Emergency Management Services and further, authorize the City Manager to execute the agreement. 47 - 54 (e) Resolution - Sole Source Purchase for Self Contained Breathing Apparatus (SCBA) Purchase To adopt Resolution No. 4001, waiving the competitive bidding requirement and approving the purchase of Self Contained Breathing Apparatus from LN Curtis & Sons and further, authorize the City Manager to execute the purchase agreement. 55 - 93 (f) Tourism Promotion Area Update and 2021 Budget & Marketing Plan To approve the 2021 Marketing Plan and Operating Budget for the Tourism Promotion Area in the total amount of $1,795,986. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Page 2 of 185 Remote Regular Meeting October 19, 2020 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 94 - 98 (b) General Fund Monthly Report - September 2020 99 - 120 (c) Ben Franklin Transit 2019 Annual Report Review the Ben Franklin Transit 2019 Annual Report received from Gloria Boyce, General Manager 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 121 - 129 (a) Street Vacation: A Portion of South Cedar Ave (MF# VAC 2020-005) CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No.4499, vacating a portion of South Cedar Avenue, and further, authorize publication by summary only. 130 - 147 (b) Resolution - 2019 Annual Action Plan Amendment for Use of CDBG- CV3 Funds for COVID-19 Response (BGAP2020-006) CONDUCT A PUBIC HEARING MOTION: I move to approve Resolution No. 4002, amending the CDBG Program Year 2019 Annual Action Plan for CDBG-CV Supplemental Funding in response to COVID-19. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 148 - 159 (a) Resolution - Local CARES Utility Assistance Program MOTION 1: I move to approve Resolution No. 4003, authorizing four hundred thousand dollars of the Department of Commerce Coronavirus Relief Funds for utility assistance. If Motion 1 is approved; MOTION 2: I move to direct the City Manager to implement the Utility Assistance Program using the local criteria as discussed, and the OPTION B criteria for compliance with federal guidelines. Page 3 of 185 Remote Regular Meeting October 19, 2020 160 - 173 (b) Resolution - Interlocal Agreement with Franklin County for Jail Services MOTION: I move to adopt Resolution No. 4004, authorizing the City Manager to execute a four-year interlocal agreement with Franklin County for the use of jail facilities. 174 - 179 (c) Resolution - Setting Public Hearing for Vacation of Public Access Easement on Coca Cola Property (formerly Henry St.) MOTION: I move to approve Resolution No. 4005, setting a public hearing date of November 16, 2020 for the Vacation of Utility and Public Access Easements across Coca Cola's property east of Road 34. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 180 - 185 (a) *Lodging Tax Advisory Committee (LTAC) Recommendations for 2021 MOTION: To approve the allocation of 2021 Lodging Tax receipts as recommended by the Lodging Tax Advisory Committee. 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT: (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” (b) REMINDERS: 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. Page 4 of 185 Remote Regular Meeting October 19, 2020 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 5 of 185 AGENDA REPORT FOR: City Council October 14, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 10/19/20 FROM: Debby Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes I. REFERENCE(S): 10.5.2020 & 10.12.20 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council remote Workshop and Meeting held on October 5, 2020, and remote Workshop held on October 12, 2020. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 185 REMOTE WORKSHOP MEETING MINUTES PASCO CITY COUNCIL OCTOBER 5, 2020 REMOTE WORKSHOP INSTRUCTIONS: The Pasco City Council Workshop was broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco- wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Call-in information to GoToWebinar for "listen-only" mode was also made available. CALL TO ORDER: The meeting was called to order at 7:00 PM by Saul Martinez, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado (virtual), Blanche Barajas (virtual), Craig Maloney (virtual), Saul Martinez (in-person), David Milne (virtual), Zahra Roach (virtual), and Pete Serrano (virtual). Staff present: Dave Zabell, City Manager (in-person); Eric Ferguson, City Attorney (virtual); Bob Gear, Fire Chief (virtual); Zach Ratkai, Administrative & Community Services Director (in-person); Ken Roske, Police Chief (virtual); Richa Sigdel, Finance Director (in-person); Rick White, Community & Economic Development Director (virtual); Steve Worley, Public Works Director (virtual); and Debby Barham, City Clerk (in-person). The meeting was opened with the Pledge of Allegiance. ITEMS FOR DISCUSSION: 2021 Ad Valorem Tax Levy and General Fund Revenue Review Mr. Zabell explained the Ad Valorem Tax Levy is an annual action item and he announced that staff will not be recommending a tax increase for 2021. He then introduced Ms. Sigdel who presented the 2021 Ad Valorem Tax Levy proposal. Ms. Sigdel also provided updates related to the City's General Fund Revenue sources. A question and answer period occurred throughout the presentation with Council and staff. No action was taken by Council. ADJOURNMENT: There being no further business, the workshop was adjourned at 7:40 PM. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 1 of 1 Page 7 of 185 REMOTE REGULAR MEETING MINUTES PASCO CITY COUNCIL OCTOBER 5, 2020 REMOTE MEETING INSTRUCTIONS: Governor Inslee's Proclamation No. 20-28.8, made in response to the COVID- 19 emergency, continued to prohibit members of the public from attending City meetings in-person but required agencies to provide options for the public to participate in remotely. To best comply, the City asked all members of the public that would like to comment regarding items on the agenda to fill out a form via the City’s website (www.pasco-wa.gov/publiccomment). As of 4:00 p.m. on Monday, October 5, 2020, six (6) requests to speak were received. CALL TO ORDER: The meeting was called to order at 7:40 PM by Saul Martinez, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado (virtual), Blanche Barajas (virtual), Craig Maloney (virtual), Saul Martinez (in-person), David Milne (virtual), Zahra Roach (virtual), and Pete Serrano (virtual). Staff present: Dave Zabell, City Manager (in-person); Eric Ferguson, City Attorney (virtual); Bob Gear, Fire Chief (virtual); Zach Ratkai, Administrative & Community Services Director (in-person); Ken Roske, Police Chief (virtual); Richa Sigdel, Finance Director (in-person); Rick White, Community & Economic Development Director (virtual); Steve Worley, Public Works Director (virtual); and Debby Barham, City Clerk (in-person). CONSENT AGENDA: Approval of Meeting Minutes To approve the minutes of the Pasco City Council remote Meeting held on September 21, 2020, and remote Special Meeting and Workshop held on September 28, 2020. Bills and Communications To approve claims in the total amount of $3,175,810.72 ($2,242,166.88 in Check Nos. 237759-237945; $80,688.56 in Electronic Transfer Nos. 829428- 829449, 829452-829457, 829460-829512, 829515-829548, 829565-829610; $16,171.22 in Check Nos. 53425-53438; $836,697.08 in Electronic Transfer Nos. 30152685-30153197; $86.98 in Electronic Transfer No. 711). MOTION: Mayor Pro Tem Barajas moved to approve the Consent Agenda and remove Consent Item C. Resolution - Granting Limited Authority to City Manager for Land/Easement/Right-of-Way Acquisitions and place it under Unfinished Business. Mr. Alvarado seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Proclamation for "Hispanic Heritage Month" Mayor Martinez presented a proclamation declaring September 15 through October 15, 2020 as Hispanic Heritage Month and called upon the recipients of the proclamation to speak, which included: Felix Vargas, Consejo Latino; Gracie Valle-Chimal, Pasco School District; and Martin Valadex, Tri-Cities Page 1 of 4 Page 8 of 185 REMOTE REGULAR MEETING MINUTES PASCO CITY COUNCIL OCTOBER 5, 2020 Hispanic Chamber of Commerce. Gabriel Portugal, Downtown Pasco Development Authority was unable connect virtually and speak during the meeting. Mr. Zabell introduced Ms. Pashon who announced a new social media campaign focusing on National Hispanic Heritage Month. The City of Pasco will be asking the Pasco community to share history, heritage and accomplishments of Hispanic and Latino Americans of the past and present. Mayor Martinez expressed appreciation to the City of Pasco community for embracing cultural diversity. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2021 Ad Valorem Tax Levy Mayor Martinez declared the Public Hearing open at 7:57 PM to consider the proposed 2021 Ad Valorem Tax Levy. Following three calls for comments, and there being none, Mayor Martinez declared the Public Hearing closed at 7:57:29 PM. MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4497, providing for an increase in the regular property taxes of the City for levy in 2020 and collection in the 2021 tax year; preserving levy capacity for future years; and providing for related matters and, further, authorize publication by summary only. Mr. Maloney seconded. Motion carried unanimously. Street Vacation: Vacating the Remainder of E. Duluth Street (MF# VAC2020-004) Mr. White provided a brief report on the proposed vacation. Mayor Martinez declared the Public Hearing open at 8:00 PM to consider the proposed vacation. Following three calls for comments, and there being none, Mayor Martinez declared the Public Hearing closed at 8:00:38 PM. MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4498, vacating E. Duluth Street from the centerline of previously vacated Colorado Street to the west right-of-way line of Utah Avenue and further, authorize publication by summary only. Mr. Milne seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Resolution - Amendment to Interlocal Agreement with Mid Columbia Library Mr. Ratkai provided a brief report on the proposed amendment to the current interlocal agreement with the Mid Columbia Libraries, including the status of other area libraries. Ms. Roach asked if a cost study could be conducted to determine if it would be more cost effective to open a City managed library. Mr. Ratkai indicated that a study could be conducted in the later part of 2021. Mr. Alvarado asked if the Mid-Columbia Library owns the facilities that holds the library branches within Pasco. Mr. Ratkai said no; Mid-Columbia Library leases both Pasco sites - one site is owned by the City of Pasco and the other site is privately owned. Page 2 of 4 Page 9 of 185 REMOTE REGULAR MEETING MINUTES PASCO CITY COUNCIL OCTOBER 5, 2020 MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 3996, amending the Interlocal Cooperation Agreement between City of Pasco and Mid-Columbia Libraries, and authorize the City Manager to execute the amendment. Ms. Roach seconded. Motion carried unanimously. Resolutions - CPA2020-001 Urban Growth Area Expansion; CPA2020-002 Comprehensive Plan Update Mr. White introduced Senior Planner Gonzalez who updated Council since the last report provided to Council regarding the status of the proposed Urban Growth Area (UGA) expansion along with the update to the 2018-2038 Comprehensive Plan. Mayor Martinez called on the individuals who has signed up to speak regarding the proposed UGA expansion and Comprehensive Plan. Th individuals included: 1. Mr. Carosino, 130 Terrace Drive, Pasco, WA, expressed opposition to the proposed UGA expansion. 2. Mr. Fickes, Halverson | Northwest Law Group P.C., Yakima, WA, requested two minor amendments to the proposed UGA expansion. 3. Mr. Stromstad, 2705 Saint Andrews Loop, Suite C, Pasco, WA 99301, requested two minor amendments to the proposed UGA expansion. Council and staff discussion ensued regarding the proposed UGA expansion. MOTION: Mayor Pro Tem Barajas moved to adopt Resolution No. 3997, declaring the preferred Urban Growth Area for the City of Pasco. Mr. Alvarado seconded. Motion carried 5-2, Milne and Serrano no votes. MOTION: Mayor Pro Tem Barajas moved to adopt Resolution No. 3998, adopting the 2018-2038 Comprehensive Plan, including the Future Land Use Map and Final Non-Project Environmental Impact Statement, and further, authorize submittal of both to Franklin County. Mr. Alvarado seconded. Motion carried 5-2, Milne and Serrano no votes. UNFINISHED BUSINESS: Resolution - Granting Limited Authority to City Manager for Land/Easement/Right-of-Way Acquisitions Ms. Roach and Mr. Maloney asked for a more detailed explanation of the conditions for granting limited authority to the City Manager for acquisition of real property under certain conditions as it was not provided within the proposed resolution. Council and staff discussion continued after Mr. Worley explained the updates to the resolution. Mr. Zabell offered to add a section within the resolution that will provide a check and balance mechanism for Council and will bring it back at a later date for Council's consideration. MISCELLANEOUS DISCUSSION: Mr. Zabell reported on the new COVID-19 testing site and provided the Tips for a Safer Halloween 2020. Then he introduced Ms. Pashon who announced the City's efforts for a Safer Halloween 2020 and described an array of activities offered for the upcoming fall celebration. Page 3 of 4 Page 10 of 185 REMOTE REGULAR MEETING MINUTES PASCO CITY COUNCIL OCTOBER 5, 2020 Next, Mr. Zabell announced receipt of a $10,000 donation from STCU Pasco Bank in support of the City of Pasco's newly formed Arts & Culture Commission. EXECUTIVE SESSION: Council adjourned to Executive Session at 9:50 PM, for approximately 20 minutes, for the purpose of establishing the sales price or lease amount of real estate per RCW 42.30.110(1)(b), (c ). The City Manager, City Attorney and Administrative & Community Services Director were also in attendance. Mayor Martinez called the meeting back to order at 10:11 PM. ADJOURNMENT: There being no further business, the meeting was adjourned at 10:11:15 PM. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 4 of 4 Page 11 of 185 REMOTE WORKSHOP MEETING MINUTES PASCO CITY COUNCIL OCTOBER 12, 2020 REMOTE WORKSHOP INSTRUCTIONS: The Pasco City Council Workshop was broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco- wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Call-in information to GoToWebinar for "listen-only" mode was also made available. CALL TO ORDER: The meeting was called to order at 7:00 PM by Saul Martinez, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado (virtual), Blanche Barajas (virtual), Craig Maloney (virtual), Saul Martinez (in-person), David Milne (virtual), Zahra Roach (virtual), and Pete Serrano (virtual). Staff present: Dave Zabell, City Manager (in-person); Eric Ferguson, City Attorney (virtual); Ed Dunbar, Deputy Fire Chief (virtual); Zach Ratkai, Administrative & Community Services Director (in-person); Ken Roske, Police Chief (virtual); Richa Sigdel, Finance Director (virtual); Rick White, Community & Economic Development Director (virtual); Steve Worley, Public Works Director (virtual); and Debby Barham, City Clerk (in-person). The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS: Mr. Milne commented on the Parks & Recreation Advisory Board he recently attended. He also thanked the Pasco Police Officers that responded to a call for service when some trespassers entered his property. Mr. Maloney briefly recapped the myTRI 2030 meeting he recently attended. He also commented on a police incident that occurred and ended in his driveway. He expressed appreciation to the officers that responded to the incident. Ms. Roach noted that she recently participated in a Visit Tri-Cities promotional video. Mr. Alvarado thanked Officer Aparicio for his community relations abilities. He also commented on the Ben Franklin Transit Board meeting he recently attended. Mayor Pro Tem Barajas also thanked Officer Aparicio for his service and ability to foster community relations and noted that he was selected "Public Servant of the Year" by the Hispanic Chamber of Commerce. Mayor Martinez commented on three meetings he attended this past week, which included the weekly COOP meeting, Municipality Advisory Council (MAC) meeting, as well as the Lodging Tax Advisory Committee meeting. Page 1 of 4 Page 12 of 185 REMOTE WORKSHOP MEETING MINUTES PASCO CITY COUNCIL OCTOBER 12, 2020 ITEMS FOR DISCUSSION: Tourism Promotion Area Update and 2021 Budget & Marketing Plan Mr. Zabell introduced Visit Tri-Cities President/CEO Michael Novakovich who provided the update to the Tourism Promotion Area (TPA) and then presented the 2021 TPA Budget and Marketing Plan. Council and Mr. Novakovich held a brief question and answer period regarding the forecast for the TPA. Ordinance - Preliminary Plat Timeline Extension (CA 2020-008) Mr. White explained the purpose of the proposed amendment to the Pasco Municipal Code (PMC) related to the Preliminary Plat timeline extension for a one-year period administratively. Mr. Maloney and Mr. White briefly discussed the amendment and how it may affect a developer agreement. Resolution - Interlocal Agreement with Emergency Management Services Deputy Fire Chief Dunbar explained that the current Interlocal Agreement (ILA) for joint emergency management services will expire at the end of the year and the proposed ILA will continue the shared emergency management services with Franklin County and the other municipalities within the county. Mr. Maloney expressed support for the renewal of the ILA. Resolution - Sole Source Purchase for Self Contained Breathing Apparatus (SCBA) Purchase Deputy Fire Chief Dunbar explained the purpose of the purchase of the SCBA equipment by a sole source action. Mayor Martinez asked what will happen with the old SCBA equipment. Deputy Fire Chief Dunbar provided an array of options as to where the old SCBA equipment will be disbursed. Resolution - Interlocal Agreement with Port of Pasco for Sewer Main Installation Deputy Fire Chief Dunbar explained how the proposed Interlocal Agreement with Port of Pasco results in sharing of the cost for the sewer improvement. Resolution - 2019 Annual Action Plan Amendment for Use of CDBG-CV3 Funds for COVID-19 Response (BGAP2020-006) Mr. White reported that 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 will 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 to those requirements have been made available 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 scheduled for October 19, 2020, was published in the Tri- Page 2 of 4 Page 13 of 185 REMOTE WORKSHOP MEETING MINUTES PASCO CITY COUNCIL OCTOBER 12, 2020 City Herald, posted on the City website under Public Notices, and mailed to local stakeholders per the amended Citizen Participation Plan. 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. Council and staff discussed the funding available through the CARES ACT as well as the possibility of utilizing General Fund dollars to provide assistance for COVID-19 related issues affecting the City, as well as the residents and businesses within the City. Automated Photo Enforcement Program - Study Results Mr. Worley introduced Brian Chandler with DKS Associates who provided an analysis of ten months of data related to the Automated Photo Enforcement program. A question and answer period ensued with Council, staff and Mr. Chandler regarding the Automated Photo Enforcement program and the limited data available for this report. Mr. Serrano requested that the next report be ready by October 2021 for Council review. It was also noted that the purpose of the program was to reduce traffic accidents in the two locations and it was suggested that a marketing program could be developed to remind drivers on ways to reduce traffic accidents from occurring. Downtown Master Plan and Sign Code Update Mr. White stated that there are currently three (3) processes in motion, which included the review the proposed Sign Code update, the Downtown Master Plan within the 2021/2022 Budget and the newly appointed Arts & Culture Commission's public arts focus. Mr. Maloney encouraged staff to work with the Planning Commission to move updates through quicker for the Downtown Master Plan. MISCELLANEOUS COUNCIL DISCUSSION: Mr. Zabell announced he and Mr. Ratkai will present the Animal Control and Sheltering Services topic to the City Councils of Kennewick and Richland over the next two weeks and present it to Pasco's Council at the end of the month. He noted that the Annual Employee Appreciation Banquet will be delayed due to COVID-19 pandemic. Mr. Zabell asked for two Councilmembers to participate in the meetings with Basin Disposal Incorporated (BDI) on a proposed rate increase of 1.56 percent. Mr. Alvarado and Ms. Roach agreed to participate with staff. Lastly, Mr. Zabell commented on the City's run COVID -19 test site statistics, as well as the National Guard's test site test numbers, which have increased. Mayor Martinez encouraged community members to get tested for COVID-19. Page 3 of 4 Page 14 of 185 REMOTE WORKSHOP MEETING MINUTES PASCO CITY COUNCIL OCTOBER 12, 2020 ADJOURNMENT: There being no further business, the workshop adjourned at 8:56 PM. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 4 of 4 Page 15 of 185 AGENDA REPORT FOR: City Council October 15, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 10/19/20 FROM: Darcy Buckley, Financial Services Manager Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 10.19.20 Bad Debt Write-off/Collection for September 2020 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $3,954,930.89 ($2,825,520.25 in Check Nos. 237946-238189; $281,709.55 in Electronic Transfer Nos. 829794, 829801, 829804; $11,662.88 in Check Nos. 53439-53448; $832,888.78 in Electronic Transfer Nos. 30153198-30153721; $3,149.43 in Electronic Transfer Nos. 715-721). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $109,017.35 and, of that amount, authorize $0.00 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 16 of 185 REPORTING PERIOD: October 19, 2020 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 237946-238189 53439-53448 Total Check Amount $2,825,520.25 $11,662.88 Total Checks 2,837,183.13$ Electronic Transfer Numbers 829794 30153198-30153721 715-721 829801 829804 Total EFT Amount $281,709.55 $832,888.78 $3,149.43 $0.00 Total EFTs 1,117,747.76$ Grand Total 3,954,930.89$ Councilmember 331,212.70 47,661.67 0.00 0.00 6.26 0.00 2,402.37 14,328.09 10,145.23 226.02 41,970.77 4,226.35 2,420.93 0.00 24,469.70 0.00 1,086.00 0.00 0.00 49,265.12 223.73 HOTEL/MOTEL EXCISE TAX 0.00 0.00 1,415,783.13 841,384.39 60,311.52 5,457.99 242,411.08 0.00 859,937.84 GRAND TOTAL ALL FUNDS:3,954,930.89$ MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY STREET OVERLAY City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Darcy Buckley, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 19th day of October, 2020 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET The City Council October 1 - October 14, 2020 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved Page 17 of 185 BAD DEBT WRITE-OFF/COLLECTION September 1, - September 30, 2020 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $20.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct Write-off Referred to Collection Total Write-off Utility Billing $ 112.93 0.00 112.93 Ambulance $ 108,904.42 0.00 108,904.42 Court A/R $ .00 .00 .00 Code Enforcement $ .00 .00 .00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 .00 .00 TOTAL: $ 109,017.35 .00 109,017.35 Page 18 of 185 AGENDA REPORT FOR: City Council October 14, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 10/19/20 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: MOTION: Interlocal the approving ____, No. approve to move I Resolution Agreement with the Port of Pasco extending the sanitary service line at the Fire Training Center at 1011 E. Ainsworth Avenue and further, authorize the City Manager to execute the agreement. III. FISCAL IMPACT: $10,707.50 cost savings over on-site septic system alternative. 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 Page 19 of 185 for construction of the aforementioned sanitary sewer extension, for which the costs of construction would be shared equally by the City and Port. Council and staff discussed this item at the October 12, 2020 Council Workshop. Staff is recommending approval of the proposed ILA. Page 20 of 185 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 21 of 185 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 22 of 185 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 23 of 185 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 24 of 185 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 25 of 185 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 26 of 185 Page 27 of 185 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 28 of 185 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 29 of 185 AGENDA REPORT FOR: City Council October 6, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 10/19/20 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: MOTION: I move to approve Resolution No. ____, approving the proposed Interlocal Agreement with Emergency Management Services and further, authorize the City Manager to execute the agreement. 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 Page 30 of 185 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 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. Council and staff discussed this item at their October 12, 2020 Workshop. Staff recommends Council approval of the Interlocal Agreement.. Page 31 of 185 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 32 of 185 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 33 of 185 C:\Users\barhamd\Downloads\FCEM_InterLocalAgreemnt-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 34 of 185 C:\Users\barhamd\Downloads\FCEM_InterLocalAgreemnt-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 35 of 185 C:\Users\barhamd\Downloads\FCEM_InterLocalAgreemnt-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 36 of 185 C:\Users\barhamd\Downloads\FCEM_InterLocalAgreemnt-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 d esignated 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 37 of 185 C:\Users\barhamd\Downloads\FCEM_InterLocalAgreemnt-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 38 of 185 C:\Users\barhamd\Downloads\FCEM_InterLocalAgreemnt-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 39 of 185 C:\Users\barhamd\Downloads\FCEM_InterLocalAgreemnt-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, 2013, and shall terminate at midnight on the thirty-first day of December, 2020, 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 40 of 185 C:\Users\barhamd\Downloads\FCEM_InterLocalAgreemnt-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 41 of 185 C:\Users\barhamd\Downloads\FCEM_InterLocalAgreemnt-2021-28.docx Page 9 of 12 CITY OF PASCO ATTEST: ______________________ ________________________ City Manager City Clerk Approved As To Form: . ________________________ City Attorney Page 42 of 185 C:\Users\barhamd\Downloads\FCEM_InterLocalAgreemnt-2021-28.docx Page 10 of 12 CITY OF CONNELL ATTEST: ______________________ ________________________ Mayor City Clerk Approved As To Form: ________________________ City Attorney Page 43 of 185 C:\Users\barhamd\Downloads\FCEM_InterLocalAgreemnt-2021-28.docx Page 11 of 12 CITY OF MESA ATTEST: _______________________________ ____________________________________ Mayor City Clerk Approved As To Form: ____________________________________ City Attorney Page 44 of 185 C:\Users\barhamd\Downloads\FCEM_InterLocalAgreemnt-2021-28.docx Page 12 of 12 CITY OF KAHLOTUS ATTEST: _______________________________ ____________________________________ Mayor City Clerk Approved As To Form: ____________________________________ City Attorney Page 45 of 185 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 46 of 185 AGENDA REPORT FOR: City Council October 14, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 10/19/20 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: MOTION: I move to adopt Resolution No. ____, waiving the competitive bidding requirement and approving the purchase of Self Contained Breathing Apparatus from LN Curtis & Sons and further, authorize the City Manager to execute the purchase agreement. 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 Page 47 of 185 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. 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. 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. V. DISCUSSION: The proposed sole source purchase was discussed at the October 12, 2020 Council Workshop. 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 48 of 185 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 49 of 185 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 50 of 185 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 51 of 185 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 52 of 185 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 53 of 185 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 54 of 185 AGENDA REPORT FOR: City Council October 14, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 10/19/20 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: MOTION: I move to approve the 2021 Marketing Plan and Operating Budget for the Tourism Promotion Area in the total amount of $1,795,986. III. FISCAL IMPACT: Total TPA 2021 budget of $1,795,986 with City of Pasco share of $395,117 from room rental assessment. 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 the funds to the City where the assessment was collected. As reported to the City Council during the October 12, 2020 workshop presentation, this budget, beyond the expenditure plan provides for an increase in the TPA assessment of $1 per hotel/motel room rented. Per Visit Tri Cities President/CEO Novakovich's report, the hoteliers have been previously apprised of the increase and are supportive of the proposal and the marketing plan. Given the current circumstances, the hotelier see considerable Page 55 of 185 value in the robust marketing of the region in rebuilding the tourism industry. As one of the three cities comprising the TPA, the City’s approval of the funds to the TPA for use in accordance with the approved budget and marketing plan is required. Staff recommends Council approval of the 2021 TPA Marketing Plan and Operating Budget as presented. Page 56 of 185 2021 BUDGET & MARKETING PLAN Tri-City Regional Hotel-Motel Commission OPTION BPage 57 of 185 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 58 of 185 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 59 of 185 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 60 of 185 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 61 of 185 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 62 of 185 6 Page 63 of 185 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 64 of 185 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 65 of 185 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 66 of 185 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 67 of 185 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 68 of 185 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 69 of 185 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 70 of 185 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 71 of 185 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 72 of 185 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 73 of 185 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 74 of 185 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 75 of 185 APPENDIX 19 Page 76 of 185 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 77 of 185 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 78 of 185 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 = $2,400 T O U R IS M D E V E LO P M E N T APPENDIX 22 Page 79 of 185 2021 TPA Budget Revenue 2020 Budget 2020 Forecast 2021 Projected Budget Variance to 2020 budget Variance to 2020 F/C City of Kennewick 694,098$ 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 80 of 185 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 81 of 185 7130 W. Grandridge Blvd., Ste. B Kennewick, WA 99336 (509) 735-8486 I (800) 254-5824 VisitTri-Cities.com Page 82 of 185 CITY OF PASCO October 12, 2020 VISIT TRI-CITIES TRI-CITY REGIONAL HOTEL-MOTEL COMMISION MARKETING PLAN Page 83 of 185 ITEMS FOR DISCUSSION Tourism Promotional Area Programs Proposed TPA Increase TPA Budget Page 84 of 185 •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 85 of 185 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 86 of 185 ≈ 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 87 of 185 2020 TOURISM OUTLOOK Page 88 of 185 Page 89 of 185 Page 90 of 185 Page 91 of 185 Page 92 of 185 THANK YOUPage 93 of 185 AGENDA REPORT FOR: City Council October 14, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 10/19/20 FROM: Richa Sigdel, Finance Director Finance SUBJECT: General Fund Monthly Report - September 2020 I. REFERENCE(S): General Fund Report II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: N/A III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Attached is the monthly financial update through September regarding the General Fund, the City's major fund. The administration provides quarterly reports to Council for other non-major funds. V. DISCUSSION: There are no major variance(s) to the approved budget anticipated at this date beyond those identified in the report. It is, however, noteworthy that while expenditures are within appropriations, most expenditures associated with the pandemic response were not anticipated. This shift in priorities has impacted organizational capacity to fully execute the budgeted work plan. Similarly, economic support in the form unemployment benefits, CARES Act, and other Federal and State support have helped to blunt the anticipated adverse impact to sales tax, with gambling tax revenues being more than halved. With federal unemployment benefits now lessening, staff anticipates it will have an impact on the aforementioned revenues; simultaneously though, as COVID-19 numbers in our community continue to trend downward, businesses are beginning to reopen, albeit slowly. Unique local consumer trends during the pandemic Page 94 of 185 and a very strong construction activity during this period has resulted in stronger sales revenue than previously anticipated. As mentioned in previous months, staff expects that the effect of the COVID-19 pandemic and measures taken across the nation, state, and locally to safeguard public health will adversely impact the City's finances. Fiscal impacts will include: reduced revenue from various taxes such as sales, public safety, criminal justice, utility, REET, lodging, and gambling. Furthermore, COVID-19 specific federal and state mandates will serve to increase costs and reduce efficiency. Beyond new federally mandated benefits, there are additional expenses relating to personal protective equipment, unplanned technology costs to provide for increased connectivity, separation of the workforce by providing workspace alternatives, and increased housekeeping efforts to maintain a safe workplace for employees required to be on the job to perform their duties, all of which will impact overall expenditures. Staff is reviewing all expenses to reduce expenditures where possible, a fact that is evident from the expense rate being lower than elapsed time. The City has received an additional allocation of $1.1 million to the prior $2.3 million in pass-through funding from the federal CARES Act. These funds will be available for reimbursement through the Washington State Department of Commerce and are intended to reimburse the City for costs relating to the management of COVID-19; however, do not allow for provisions to mitigate revenue shortfalls attributable to the pandemic and the Stay Home, Stay Healthy limitations on commerce. Of this $3.4 million, Council has authorized to allow up to $1.0 million to be granted to small businesses for economic support. The full scope of this economic impact is not practical to assess at this stage. Staff is reviewing the new allocations impact to City finances and will report back to Council in the near future. As mentioned before, the previous focus and work to build up and maintain healthy reserves has positioned the City well to maintain service levels and avoid the need to incur debt within the budget period, even in the midst of an economic downturn this dramatic. As per the un-audited 2019 financial reports, General Fund reserves, on the order of $20 million, some of which may be used to temporarily supplement the reduction in revenue. Staff is not anticipating cash flow issues at this point in time. Contracts over $100,000 and under $300,000 executed administratively in the month of September and donations to the City are included in this report. Page 95 of 185 $0$20,000$40,000$60,000$80,000$100,000$120,000Jan 2019Feb 2019Mar 2019Apr 2019May 2019Jun 2019Jul 2019Aug 2019Sep 2019Oct 2019Nov 2019Dec 2019Jan 2020Feb 2020Mar 2020Apr 2020May 2020Jun 2020Jul 2020Aug 2020Sep 2020Oct 2020Nov 2020Dec 2020Thousands2019-2020 Cumulative General Fund Revenue & Expenditures2019-2020 Cumulative Revenue2019-2020 Cumulative ExpensePage 96 of 185 Fund NameFund DescriptionReport MonthJuly, 2020Elapsed Time87%2017 Actual 2018 Actual2019-2020 Adjusted Budget2019-2020 Actual2019-2020 ProjectedVariance% of Biennial BudgetCommentsRevenuesTaxesProperty 7,963,302 8,352,750 21,648,971 17,101,213 21,648,971 0 79%Sales 13,180,233 14,154,008 28,570,809 24,710,974 28,570,809 0 86% Expecting to meet budgeted revenue projections.Public Safety 1,523,723 1,661,707 3,389,400 2,839,886 3,389,400 0 84%Utility 9,409,979 9,585,916 19,123,919 19,030,425 21,680,677 2,556,758 100%As per direction from State Auditors Office, all B&O taxes need to be routed through General Fund. This directive was recent and needed to be implemented in 2020. No variance expected at this time but we are expecting decrease/delay in utilities receivables in 2020 and will impact this tax revenue.Other 1,252,023 1,299,862 2,397,750 1,622,186 1,747,750 -650,000 68% Preliminiary estimate of 60% decrease in tax revenue mainly related to gaming activity.Licenses & Permits 2,177,235 2,640,720 4,988,400 4,744,756 5,038,400 50,000 95% Large number of current licenses are renewed in January and February. No variance expected at this time.Intergovernmental 2,130,300 2,294,273 4,841,868 4,412,276 8,302,868 3,461,000 91% COVID-19 related grant revenue included. Expected to stay on track.Charges Goods & Services 6,932,637 7,385,382 15,327,718 12,911,653 15,327,718 0 84%Fines & Forfeits 788,474 943,321 1,714,200 1,743,536 2,114,200 400,000 102%Fines and forfeits are budgeted conservatively as traffic enforcement activity is based on availablity of resources. Electronic traffic enforcement tickets are included in this category. Net revenue of the program is $92K for this biennium.Miscellaneous 657,342 1,731,200 2,198,950 2,545,427 2,491,950 293,000 116% Revenue mostly includes property sales revenue that cannot be predicted for 2020.Debt & Transfer In 638,000 232,298 22,455,200 20,602,010 22,455,200 0 92% All debt proceed revenue received for the biennial period. Long Term investment on Chapel Hill LID, GESA Stadium and Animal Shelter transfer.Total Revenues 46,653,248 50,281,437 126,657,185 112,264,342 132,767,943 6,110,758 85%ExpendituresCity Council 111,918 124,533 260,540 205,420 260,540 0 79%Municipal Court 1,458,682 1,504,212 3,252,697 2,775,874 3,252,697 0 85%City Manager 1,709,640 1,635,045 3,806,136 2,391,761 3,806,136 0 63% Labor and non-labor items expected to be expended during 2020. Spending will be based on overall economic impacts of COVID.Police 16,497,955 16,565,400 36,324,184 29,603,642 36,324,184 0 81%Fire 7,660,554 7,874,894 16,062,340 13,967,594 16,062,340 0 87%Administrative & Community Services 7,370,500 7,502,803 16,497,814 13,156,531 16,497,814 0 80%Community & Economic Development 1,748,053 1,916,402 3,878,345 3,913,063 4,878,345 1,000,000 101% Current expense includes $380K in grants allocated to small businesses as a part of Local CARES.Finance 2,196,310 2,270,459 5,231,873 4,417,210 5,231,873 0 84%Engineering 1,726,983 1,555,552 3,531,421 2,932,193 3,531,421 0 83%Library 1,445,550 1,375,894 2,905,818 2,600,136 2,905,818 0 89%Non-Departmental 2,025,292 2,795,354 4,371,905 3,520,811 4,371,905 0 81%Debt & Transfer Out 3,592,619 1,914,455 29,341,750 10,750,382 31,898,508 2,556,758 37%Timing of debt payments. Transfer out is based on capital budget schedules and are not linear in nature. Variance in transfer out is related to SAO direction as stated above for utility taxes.Estimate COVID-192,413,000 2,413,000 0%Local CARES grant expected to expended fully with COVID-19 related costs like mandated Federal Leave, PPE, and additonal labor. Small business suport grant is included in Community & Economic Development department.Total Expenditures 47,544,056 47,035,003 125,464,823 90,234,616 131,434,581 5,969,758 69%Status - LaborStatus - Non LaborAnticipated Future IssueGeneral FundLargest fund within the City portfolio. Taxes are major revenue sources and Public Safety salaries and benefits are major expenses within this fund.City is expected to be on track for labor expenses. However, we are estimating an impact of $1.5 million in federally mandated leaves, if all employees qualify and request the benefit. $110 thousand in this benefit has been expensed so far. Full impact of these mandates will not be known till the end of the year when it expires. City has redirected more than 18 thousand hours to combat COVID-19. Majority of the effort impacts the General Fund, but will not impact allocated budget as they are currently budgeted hours. However, this will impact staff's ability to continue/complete their normal duties as planned.City is expected to be on track for non labor expenses. City has expended $904 thousand (includes cost to administor grants) in COVID-19 related expenses so far. We expect these expenses to increase depending on how the emergency unfolds. We are expecting grants from federal and state government to reimburse the City for these expenses. All non essential labor expenses are evaluated and deferred till a better economic forecast is achieved.Revenue projection includes preliminary estimated impact of COVID-19 pandemic changes of revenue. Outside of gaming taxes, City also expects reduced motor vehicle fuel taxes used to main City's transportation infrastructure, as well as, reduction in Hotel/Motel sales tax and Tourism Promotion Assessment. Despite of the pandemic, City is received healthy sales tax revenue. In fact, the sales tax reciepts in last two months have been higher than prior year levels and can be directly attributed to high RV and used vehicles sales, as well as, strong construction acitivity. Report above presents the sales tax estimate as meeting budgeted levels. While it is difficult to predict the future COVID-19 impact to local economy, we expect to meet most budgeted revenue projections. City's financial position continues to be strong due to strong revenue stream in the first quarter. Revenue remittance received in August (June activity) continues to be better than expected. Outside of tourism related activity, revenue continues to be at 2019 levels. We are anticipating a downturn in sales tax related revenue, however, it will depend on factors like severity and length of the pandemic, federal government support, and overall economy. The projection stated in the report is a conservative forecast with the best information available at this time.Page 97 of 185 Recipient Contract Type Description Contract Amount Amendment Contract Total PACE Engineers, Inc PSA Professional Services Agreement PWRF Embankment Repair Project 127,618$ 127,618$ Donated By Donation Type Description ValueWindemere Cash Sponsorship of Carpool Cinema 1,500$ Numerica Cash Sponsorship of Carpool Cinema 1,500$ TUW Prinz Foundation Cash Additional Youth Recreation Donation 223$ TUW Prinz Foundation CashYearly - Youth Recreation Donation 1,459$ STCUCash Arts and Culture Commission 10,000$ City of Pasco Monthly Tracking Report of Contracts/Purchases Over 100k and Under 300kCity of Pasco DonationsPage 98 of 185 AGENDA REPORT FOR: City Council October 12, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 10/19/20 FROM: Dave Zabell, City Manager Executive SUBJECT: Ben Franklin Transit 2019 Annual Report I. REFERENCE(S): Letter from Gloria Boyce, General Manager of Ben Franklin Transit 2019 Annual Report COVID-19 Service Recovery Plan What BFT is Doing During COVID-19 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Review the Ben Franklin Transit 2019 Annual Report received from Gloria Boyce, General Manager III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Benton Franklin Transit (BFT) is a public transit agency operating in Benton and Franklin Counties in southeastern Washington state, and serving the cities of Kennewick, Pasco, Richland, West Richland, Benton City, Prosser, and Finley. BFT services include fixed route buses, Dial-A-Ride, Vanpool, as well as Demand Response service in Prosser, Benton City, and Finley. BFT typically provides the City Council and annual update during which the General Manager presents the agency's annual report. V. DISCUSSION: Due to the impacts associated with the COVID-19 pandemic, including the inability to conduct in-person meetings, Ben Franklin Transit (BFT) General Manager Gloria Boyce has submitted BFT's 2019 Annual Report, the agency's Page 99 of 185 COVID-19 Recovery Plan and other documents. Page 100 of 185 7000 Columbia Park Trail Richland,WA 99352.485 509.735.4737 509.735.7800 fax wvvvv.bft.org www.bft.or resources October 1,2020 Mr.Saul Martinez Mayor of Pasco 525 N.3”’Avenue,15‘Floor Pasco,WA 99301 Re:BFT2019 Annual Report Dear Mayor Martinez: On behalf of Ben FranklinTransit (BFT),I am sending a belated congratulations on your appointed term to serve as Mayor of Pasco.It certainly is an exciting and challenging time to be in public service. Due to the prolonged effects of COV|D—19 including the inability to conduct in—person public meetings,I will not be presenting BFT’s2019 Annual Report in person before the city council this year.However,our report is available at .While 2020 hasn't ultimately led where we projected in the report,I'm proud to share with you our many accomplishments of 2019 and our vision for the future of public transportation in our region.We will keep that bold and bright future in our sights as we continue managing through the present. As you know,BFThas been our region's public transportation agency for nearly 40 years,providing service in the Tri-Cities,Finley,West Richland,Benton City,and Prosser areas.All along the way,our partnership with the jurisdictions we serve has been important.As our community growth accelerates,it will be vital that community partners such as ourselves unite on key initiatives for the benefit of our citizens.I look forward to the opportunity to lend a voice to community development conversations to ensure beneficial transit integration and to our continued partnership with the City in general. I also wanted to take this opportunity to update you on our COV|D—19 response.As with transit agencies across the nation,BFThas experienced a dramatic drop in ridership clue to the pandemic and state orders including Stay Home,Stay Healthy;health guidance urging people to limit their movement and activities in the community;and on our Safe Start Phase level.As a safety measure for BFTdrivers and customers,we have implemented the following on all our vehicles: No fares collected until further notice Requiring face coverings —distributing masks when necessary Entry to buses through rear doors only Social distancing of six feet between each person Signs installed with safety and hygiene reminders (wear masks,wash hands,stay distanced) Passengers encouraged to stay homeif they feel sick BEN FRANKLIN TRANSIT A’ Page 101 of 185 Page 102 of 185 B EN F RA N KL I N T RA N S IT we?fegeingnewplaces!“ [ Page 103 of 185 FROM GENERAL MANAGER WM 1'__- M 31 'j ; ‘L ' 1 E .V E. THE Page 104 of 185 Page 105 of 185 N TRAN SITBENFRANKLI Page 106 of 185 The Community We Serve OUR SERVICES Page 107 of 185 General Demand Service Page 108 of 185 FINANOUR CIALS BFT’s main funding source is local sales tax dollars,which also serve as an economicbarometer.The voter-approved 0.6%sales tax—or six cents per $10 taxable purchase—BFT receives to operate within its service area typically funds about 80%of the agency’s annual operating budget.In recent years, BFT has experienced increases in sales tax revenue due to growth in the local economy.Funds not used toward operating expenses are used for capital investments to support service enhancement and growth,and improve operational efficiency. Rider fares and state and federal grants—both formula and competitive—make up the remainder of operating revenues.In 2019,BFT received notice of the following grant awards: -$1.5 million in Volkswagen case settlement funds from the Department of Ecology to be used toward the purchase of five all-electric buses -$6.1 million in Regional Mobility Grant funding from the Washington State Department of Transportation*to be used toward establishing three new multi-modal transit hub facilities in Pasco and Richland. *Funding currently on hold due to passage of /-976,which significantly reduces state income fror"vehicle registration fees that were intended as the source for these grant do//ars. 7% Fares 2% Other Page 109 of 185 § f I “J Page 110 of 185 111 75 D A-RdeV I ce 343 DUR[N‘G’’Bus Ope sDr vs ‘““D IVA 'eD v ‘s 2019 3,056,992 miles 2,629,892=m1Ies 179,227 hours 127,324 hours H ia|-e1i Trl ys Page 111 of 185 Ridership Growth Page 112 of 185 Page 113 of 185 Strategic Planning Page 114 of 185 Transit Center Renovation Key Support:The Knight Street Transit Center renovation project was made possible by I-Iran!‘Flnnriinn and an nrnn-Jinn nari-nnrchin uuifh flan (‘iI'\l nf Dirhiand in allnw fnr fnmnnrarv "'10:L --.1 \nit‘;Page 115 of 185 Page 116 of 185 Page 117 of 185 BI:N FRANKLIN TRANSIT 1000 Columbia Park Trail Richland,WA 99352 509.735.5100 bft.org Page 118 of 185 BFT’$PHASED RECOVERY PLAN 7% —Page 119 of 185 © HAT IS BFT DOING DURI G COVID-19? BFT IS PROTECTING EMPLOYEES AND CUSTOMERS ENHANCED CLEANING Page 120 of 185 AGENDA REPORT FOR: City Council October 13, 2020 TO: Dave Zabell, City Manager Rick White, Director, Community & Economic Development Remote Regular Meeting: 10/19/20 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Street Vacation: A Portion of South Cedar Ave (MF# VAC 2020-005) I. REFERENCE(S): Proposed Ordinance Overview Map Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No._____, vacating a portion of South Cedar Avenue, and further, authorize publication by summary only. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: The 109-lot Cedar Flats preliminary plat (now known as Urban Flats), originally composed of five parcels comprising 14.47 acres was approved by Council in February of 2019. As a part of the final plat approval process, street improvements are to be installed along South Cedar Avenue and the plat developer dedicated right-of-way to create a uniform 60-foot width on Cedar Avenue, leaving an excess of 10 feet of unneeded right-of-way. The owners have submitted a petition to vacate a portion of this excess Cedar Avenue right-of-way which extends approximately 330 feet along the east side of South Cedar Page 121 of 185 Avenue, approximately mid-block between East Lewis Street and East Alton Street. The proposed vacation will maximize developable land in the subdivision and maintain the uniform (and City standard) 60-foot right-of-way along South Cedar Avenue. Council previously set a public hearing for October 19, 2020 to consider the proposed vacation. V. DISCUSSION: Per Pasco Municipal Code (PMC) Chapter 12.40, the Council may require compensation for vacated rights-of-way. The compensation involves obtaining a title report and appraisal of value. However, the compensation and the requirements attached thereto may be waived if one or more of the following conditions apply: 1. The vacation is initiated by the City Council by Resolution; 2. The vacation is at the request of the City; 3. The right-of-way to be vacated was previously determined by the City Council not to be essential to public traffic circulation and available for vacation; 4. The grant of substitute right-of-way which has a value as a right-of-way at least equal to that right-of-way to be vacated; or 5. The resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated. Staff believes the benefit to the community of the proposed project will have a community value exceeding that of the assessed value of the proposed vacated right-of- way. In addition, the developers of the plat have dedicated substitution right of way along Cedar that created the uniform and City standard 60-foot right-of-way width. Staff recommends the requirement for compensation be waived. City staff has reviewed the proposal and no potential issues with a vacation of the street right-of-way have been identified; as such, staff recommends approval of the vacation. Page 122 of 185 Ordinance – VAC2020-005 - 1 WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: Planning Director 525 North 3rd Ave Pasco, WA 99301 ORDINANCE NO. __________ AN ORDINANCE VACATING A PORTION OF SOUTH CEDAR AVENUE WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate right -of-way; and WHEREAS, a petition for the vacation of a South Cedar Avenue has been submitted to the City; and, WHEREAS, the vacation process provided in PMC 12.40.030(c) and 12.40.030(e) require a title report and an appraisal of value and compensation unless waived by the City Council; and, WHEREAS, the City Council may waive the requirement for a title report, an appraisal of value and compensation if the Council has previously determined, pursuant to 12.40.120(2)(e), the resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated; and, WHEREAS, the City Council waived the requirement for a title report, an appraisal of value, and compensation by Resolution No. 3987; and, WHEREAS, the applicant seeks vacation of a portion of South Cedar Avenue as a part of the final plat approval process for development of a 109-lot residential subdivision; and, WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; Page 123 of 185 Ordinance – VAC2020-005 - 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a portion of right-of-way, as depicted in Exhibit “A” be and the same is hereby vacated; Portion of Tract B and C to be vacated: That portion of Tracts B and C Urban Flats Phase Two according to the Plat thereof recorded in Volume D of Plats, Page 624 Auditor's file Number 1916056 records of Franklin County Washington Being in the West half of the Southeast quarter of Section 28, Township 9 North, Range 30 East, and described as follows: Commencing at the Northwest corner of the Southeast quarter being a brass cap in a monument case; thence along the West line thereof South 00°35'18" East for 661.03 feet; thence North 89°44'57" East for 20.00 feet to the True Point of Beginning; thence continuing North 89°44'57" East for 10.00 feet; thence South 00°35' 18" East for 330.53 feet; thence South 89°45'36" West for 10.00 feet; thence North 00°35'18" Wet for 330.53 feet to the True Point of Beginning. Containing 3,305 square feet Section 2. That a certified copy of this Ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Passed by the City Council of the City of Pasco, Washington this 19th day of October, 2020. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ___________________ Page 124 of 185 Page 125 of 185 Item:VacApplicantOverviewtionofaPortionofSouthCed401SCedarLLCAND407‘.rAvenueCedarLLC%ELEWHSST9:\..Page 126 of 185 Master File # ------ Community & Economic Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO STREET/ALLEY VACATION PETITION Date Submitted: Fee: $300 ------ We the undersigned, owners of two-thirds of the privately-owned abutting property, hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: .S-e� C\ *o.cJ�J �je\ I de.scr�p±i oy, Name: L(o I S. C, lo.c LLC_ Address: lv{lft,\.. 'f A-.ld.-.:sr �(Js C( C..i/ Gl-Sl:O.i \,J f\ 'o/13'0\ ��,,\i,.: I (5 . 'ti,_ S · . C\od1-�·· ·�i', W er f-1 c?Applicant/ Phone: 1 Owner 1 (.::ref\ J-.54- 1730 Email: {\c,�\or<ls Jo.ve.o. oJ 7'/'Vlc-1;{. CcM J .J Name: '5(..(\'\\f Cd, tt\it;;·vt Address: °t'"l:'01'"'-'.; ��, ;-\ d. � l't 1f '-fO .5 s·. C:t�o.. ?11.Ho wA Owner 2 Phone: , Email: Signature: (Please see reverse side) Updated April 2019 Page 127 of 185 TELEPHONE 509-582-6716 WORLEY SURVEYING SERVICES, INC. P.S. FAX 509-582-6303 P.O. BOX 6132 KENNEWICK, WASHINGTON 99336 Portion of Tract B and C to be vacated That portion of Tracts B and C Urba n Flats Phase Two according to the Plat thereof recorded in Volume D of Plats, Page 624 Auditor's file Number 1916056 records of Franklin County Washington Being in the West Half of the Southeast quarter of Section 28, Township 9 North, Range 3 0 East, and described as follows: Commencing at the Northwest comer of the Southeast quarter being a brass cap in a monument case; thence along the West line thereof South 00°35'18" East for 661.03 feet; thence North 89°44'57" East for 20.00 feet to the True Point of Beginning; thence continuing North 89°44'57" East for 10.00 feet; thence South 00°35' 18" East for 330.53 feet; thence South 89°45'36" West for 10.00 feet; thence North 00°35'18" West for 330.53 feet to the True Point of Beginning. Containing 3305 square feet Page 128 of 185 Page 129 of 185 AGENDA REPORT FOR: City Council October 14, 2020 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Remote Regular Meeting: 10/19/20 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): Resolution White Paper CDBG-CV 2019 COVID-19 Amendment PowerPoint Presentation Public Comment from the Boys & Girls Clubs of Benton & Franklin Counties II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBIC HEARING MOTION: I move to approve Resolution No. ____, amending the CDBG Program Year 2019 Annual Action Plan for CDBG-CV Supplemental Funding in response to COVID-19. 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 will 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). Page 130 of 185 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 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. This item was presented to City Council at the Workshop Meeting of 10/12/2020. 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 t o 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. These programs are currently active. 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. Pasco staff recommends that the City of Pasco use CDBG-CV3 funds to provide grants to provide emergency utility assistance for up to six (6) months to help meet residential needs and excess funds from the Microenterprise assistance program and emergency Page 131 of 185 assistance program be reprogrammed to contingency projects for childcare and/or public facility improvements. Page 132 of 185 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 $ 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 133 of 185 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 134 of 185 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 135 of 185 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 136 of 185 City Council Workshop October 19, 2020 Page 137 of 185 CARES Act CDBG-CV Amendment BGAP2020-006 2019 Annual Action Plan Amendment for CV3 Page 138 of 185 CARES Act CDBG-CV3 Funds Available CDBG-CV3 Entitlement $414,368 Prior Entitlement (CDBG-CV1)434,166 Cumulative Total $848,534 Page 139 of 185 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 140 of 185 CARES Act/CDBG-CV Business Assistance CDBG-CV LM Microenterprise Business Assistance Program -Funded $ 347,333 CDBG-CV Disbursed 12 Grants (38%)($163,849) Local CARES Small Business Assistance Program -Funded $1,000,000 Local CARES Disbursed 24 Grants (37%)($370,834) Health Foundation Grants –Funded $111,983 Health Foundation Grants 14 Disbursed 100%($111,983)Page 141 of 185 CDBG-CV/Local CARES Act Business Assistance Total Applications in Process –Not submitted 144 Total Applications Submitted and Under Review 22 Completed and Approved with Conditions 48 Page 142 of 185 Franklin County CARES Act Business Assistance Round 1 Funding – Pasco Business Applications –In Process 120 Round 2 Funding – Applications Received 61 Page 143 of 185 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 144 of 185 CDBG-CV Amendment Oct 19 –City Council Action –Public Hearing Oct 19 –End Public Comment Period for AAP Submit amended plan for HUD approval.Page 145 of 185 Page 146 of 185 Page 147 of 185 AGENDA REPORT FOR: City Council June 30, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 10/19/20 FROM: Richa Sigdel, Director Finance SUBJECT: Resolution - Local CARES Utility Assistance Program I. REFERENCE(S): Program Guidelines - Option A, B and C II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION 1: I move to approve Resolution No. ____, authorizing four hundred thousand dollars of the Department of Commerce Coronavirus Relief Funds for utility assistance. If Motion 1 is approved; MOTION 2: I move to direct the City Manager to implement the Utility Assistance Program for criteria B OPTION the and criteria as local the using discussed, compliance with federal guidelines. III. FISCAL IMPACT: $400K in CARES relief funds to be allocated to the utility assistance program as described below. IV. HISTORY AND FACTS BRIEF: The Washington State Department of Commerce announced nearly $300 million in federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funds awarded to the state to address COVID-19-related costs. Pasco has been allocated approximately $3.3M of this funding. While there are hard and fast federal rules related to the use of CARES funds by local governments, the funds may be utilized for a variety of COVID-19 related expenses - including: • Payroll expenses for public safety, public health, health care, human services, Page 148 of 185 and similar employees whose services are substantially dedicated to mitigating or responding to the emergency; • Medical and public health expenses; • Expenses of actions to facilitate compliance with public health measures; • Expenses associated with the provision of economic support in connection with the emergency; and • Any other COVID-19-related expenses reasonably necessary to the function of government that meet eligibility criteria. In recent weeks, United States Department of the Treasury and Washington State Department of Commerce have provided further clarification on usage of the funds. In many respects these clarifications have tended to broaden allowable usage of the funds beyond what was previously thought and communicated by these same agencies. The funds may be used for costs incurred by the local government in response to the COVID-19 public health emergency during the period March 1 through November 15, 2020. Pasco has contracted with the Department of Commerce to provide and receive the funds. The City has also opened applications slated to provide approximately $1.0M in Local CARES grant and $350K in Community Development Block Grant (CDBG-CV) CARES funds for use of alleviating economic business distress related to the COVID- 19 pandemic, and is using approximately $500K in accumulated HOME Consortium funds for use in providing economic assistance for residential tenants. Consistent with direction of the Governor Inslee by proclamation, the City Council also approved Emergency Order No. 2020-002 Temporary Moratorium on Utility Services Shut-Offs and Late Fees for City of Pasco on March 23rd, 2020. City of Pasco has suspended all shut-offs and application of late fees. V. DISCUSSION: To date, approximately $1.6M has been spent by the City on Local CARES eligible activities, including Local CARES business assistance grants. Staff also estimates that prior to the eligibility period ending (November 15, 2020) an additional $500-900K of Local CARES eligible expenses will be incurred by the City. However, due to recent clarification from the granting agency allowing for Public Safety expenses to be regarded as substantially dedicated to COVID-19 effort, City is eligible to be reimbursed for all of Local CARES allocation ($3.3M) and not risk having to return funds to the State. Impacts of the pandemic to our residents has been varied and complex. While the local economy as a whole continues to do better than most communities across the nation, inability to work due to health issues or lack of employment due to business closure or localized downturn, and overall economic uncertainty has impacted a portion of the City's utility customers and their ability to pay for utilities services. City provides water, sewer, storm water, irrigation, and ambulance services to customers within and Page 149 of 185 outside of City limits. Over $565K or 2,961 accounts are delinquent as of 10/7/20; average delinquency over a similar period of time under normal circumstances is approximately $30K. City is seeing an increase in delinquency of $50K each week since July and we expect for this trend to continue until circumstances begin to change. The recent move of Franklin and Benton counties to Phase 2 of the Safe Start Plan may reestablish some employment, but until conditions return closer to normal, many residents will remain resource strapped. As previously discussed, a concern of staff, and frankly industry wide, is that for those customers unable to pay, their outstanding balance continues to increase. A Governor's proclamation, or a City Emergency Order suspending shut offs, is not the same as forgiving the cost for service provided. Further, the City cannot simply expunge outstanding account balances for some but not others, thereby creating a system where some pay for service and other do not. In light of the above, staff is recommending that the City Council consider utilizing a portion of the Local CARES grant to establish a utility assistance program to assist utility customers who meet the following local criteria: 1. City of Pasco utility account holder 2. Delinquent by more than 30 days 3. Physical location of property is within the City limits 4. Account holder to demonstrate that the financial need is a result of COVID-19 Federal and State grants require a higher degree of documentation that are challenging to manage when the eligible applicants could be greater than 1,000 in number, and receiving less than $500 in funding. However, Local CARES grant has been a learning process for all involved. While program administration initially followed traditional federal and state grant guidelines, granting agencies have come to the recognition that application of normal grant guidelines is not possible in the current emergency, and creates inefficiencies that severely limit timely action for which the fund was allocated. Via individual inquiries and updated agency guidance, staff has the understanding that local governments tasked with distributing funds to combat COVID-19 may do so in a prudent manner which meets the intent of the law while not bogging down the process. This is a desired outcome for the City, however, after the emergency subsides and we are beyond the fog of the emergency at hand, the auditors will eventually appear, and there is always the risk that they will consider all or a portion of our program guidelines to be unsatisfactory. Due to these factors staff is presenting three options to Council to meet the aforementioned State and Federal requirements, each with varying level of documentation requirements: Option A - Minimal Documentation 1. Competed Application 2. Self-certify inability to pay due to COVID-19 on application - no documents needed 3. State Issued ID Page 150 of 185 Option B - Medium Documentation 1. Documents from Option A 2. Self-certify citizenship, permanent residency, or legal immigrant status on application - no documents needed 3. Proof of loss of income like paystubs, notice of layoff, closures, claim of unemployment etc. Option C - Highest Documentation 1. Documents from Option A and B 2. Proof of legal residency status like social security card, passport, birth certificate, residency card, active visa etc. In distributing federal funds to beneficiaries, the more complex the requirements are in terms of documentation; the fewer the number of applicants, the more cost in terms of time it takes to administer the program, however the less risk of an audit finding requiring repayment. Too simple a process will provide for greater applicants, ease of administration, the likelihood of an audit finding and requirement to repay the grant monies used, and such a finding may impact the City with regard to future federal funding opportunities. Finding the balance between assistance provided in a time of need, ease of administration, and establishment of defensible criteria is the key to successfully executing this proposed program. Based on the above information and analysis, staff is recommending that Council select Option B as it will reduce the risk of a subsequent financial burden to be borne by all City taxpayers and ratepayers while also reducing the burden to the customers in need of assistance. Option B also allows for internal staff to be able to administer the program, greatly reducing the need for external costly assistance, which will allow for close to 100% of the funds to be dedicated to customer assistance. Furthermore, if Option B is authorized, staff will be able to provide application options that can be catered to the technology available to our customers. Request of sensitive information will limit the number of ways customers can apply and increase records retention cost for the City. In this case and considering the economic circumstances affecting the community - staff requests Council allocate $400K for utility assistance relief and authorize Option B as the City's program requirements. Page 151 of 185 Resolution – Local CARES Utility Assistant Program - 1 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING ESTABLISHMENT OF LOCAL CARES UTILITY ASSISTANCE PROGRAM. WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary, Alex Azar, declared a public emergency for the novel coronavirus (COVID-19) beginning on January 27, 2020; and WHEREAS, on February 29, 2020, Governor Jay Inslee signed Proclamation No. 20-05, declaring a State of Emergency exists in all counties in the State of Washington due to the number of confirmed cases of COVID-19 in the state and directed that plans and procedures of the Washington State Comprehensive Emergency Management Plan be implemented; and WHEREAS, beginning on March 11, 2020, the President of the United States, Donald J. Trump, directed the Federal Government to take numerous emergency measures to address the unprecedented nature of this public health crisis, including restrictions on all foreign travel outside United States of America due to the number of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil emergency pursuant to PMC 2.55.010; and WHEREAS, on March 23, 2020, Mayor Saul Martinez issued Emergency Order 2020-02 which suspended Pasco Municipal Code (PMC) 2.55.010 authorizing, “in cooperation with utility management and appropriate state and federal agencies, the shutting off, restoration, and operation of utility services in accordance with priorities established for combating such civil emergency”; and WHEREAS, to prevent excessive economic harm to local citizens and businesses, in particularly vulnerable populations, it is necessary to maintain citizens’ utility services through this civil emergency; and WHEREAS, on March 27, 2020, Coronavirus Aid, Relief, and Economic Security Act (CARES) was signed into law by President Trump to assist businesses, States and certain local governments to combat COVID-19; and WHEREAS, the residents of the State of Washington and the City of Pasco have been adversely impacted by the COVID-19 pandemic; and WHEREAS, the Federal Government has authorized CARES relief funding to local governments as pass-through funding through the Washington State Department of Commerce; and Page 152 of 185 Resolution – Local CARES Utility Assistant Program - 2 WHEREAS, it is necessary to continue utility services to our customers who have been impacted by COVID-19 pandemic. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City of Pasco establish a Utility Assistance Program with Local CARES grant for up to $400,000 following the available grant guidelines. 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 Page 153 of 185 UTILITY ASSISTANCE GRANT – PROGRAM GUIDELINES SUMMARY The City of Pasco CARES Utility Assistance Grant is designed to assist customers that have been affected by COVID-19. Payments are for Pasco Utility Customer households impacted by COVID-19 that require assistance towards meeting their financial obligations related to eligible past-due utility bills. Grant funds are limited and will be issued until all funds have been allocated or November 10, 2020, whichever comes first. Only one grant can be issued per eligible household address. Applications will be reviewed and approved by staff and priority will be given to customers that have communicated with the City regarding their situation and have made an effort to make payments towards their balance. It is critical that you submit your completed application as soon as possible before the limited funding is allocated. GUIDELINES SIZE OF THE GRANTS AND ELIGIBLE EXPENSES The City of Pasco CARES Utility Assistance Grant will provide payment for 1 to 6 months of eligible past due City utility bills. ELIGIBILITY REQUIREMENTS 1.Applicant must be a City of Pasco utility account holder with the account in their name. The primary utility account holder must submit and sign the application to be eligible. 2.Physical location of property is within the City limits. 3.Renters are eligible only if the account is in their name. 4.Delinquent on your City utility account for over 30 days as of October 1, 2020. 5.Must certify they are a U.S. citizen or legal permanent resident; or the applicant is otherwise lawfully present in the United States pursuant to federal law. 6.Applicants must certify that their financial need is a result of COVID-19 and that they require assistance to pay their eligible, past-due City of Pasco utility bills. REQUIRED INFORMATION/DOCUMENTS: 1.Completed Application. OPTION A Page 154 of 185 UTILITY ASSISTANCE GRANT – PROGRAM GUIDELINES 2. A copy of a valid form of identification such as a Washington State driver’s license or Washington State ID. 3. Provide SSN Card, Birth Certificate, Visa, US Passport as proof of lawful residency. 4. Pay stubs dated before and after March 1, 2020 or a notice of current employment status from employer or a claim for unemployment. GRANT LIMITATIONS One City of Pasco Utility Assistance grant will be awarded per household. DEADLINE TO APPLY Completed applications and all required documentation must be received and in City Hall no later than November 10, 2020. FUNDS AND TIMELINE LIMITED The maximum amount of funds to be awarded is $400,000. Please understand there is a limited amount of funding, and limited timeline to distribute. Once funds are depleted or deadline met, assistance will no longer be available, unless Council authorizes additional funds. CONTACT INFORMATION For additional information refer to the City of Pasco Customer Service website, https://www.pasco-wa.gov/150/Customer-Service-Utility-Billing . Customers can also call the office at (509) 545-3488 and leave a message if you receive a voice mail, or email PascoCARES@pasco-wa.gov. Page 155 of 185 UTILITY ASSISTANCE GRANT – PROGRAM GUIDELINES SUMMARY The City of Pasco CARES Utility Assistance Grant is designed to assist customers that have been affected by COVID-19. Payments are for Pasco Utility Customer households impacted by COVID-19 that require assistance towards meeting their financial obligations related to eligible past-due utility bills. Grant funds are limited and will be issued until all funds have been allocated or November 10, 2020, whichever comes first. Only one grant can be issued per eligible household address. Applications will be reviewed and approved by staff and priority will be given to customers that have communicated with the City regarding their situation and have made an effort to make payments towards their balance. It is critical that you submit your completed application as soon as possible before the limited funding is allocated. GUIDELINES SIZE OF THE GRANTS AND ELIGIBLE EXPENSES The City of Pasco CARES Utility Assistance Grant will provide payment for 1 to 6 months of eligible past due City utility bills. ELIGIBILITY REQUIREMENTS 1.Applicant must be a City of Pasco utility account holder with the account in their name. The primary utility account holder must submit and sign the application to be eligible. 2.Physical location of property is within the City limits. 3.Renters are eligible only if the account is in their name. 4.Delinquent on your City utility account for over 30 days as of October 1, 2020. 5.Must certify they are a U.S. citizen or legal permanent resident; or the applicant is otherwise lawfully present in the United States pursuant to federal law. 6.Applicants must certify that their financial need is a result of COVID-19 and that they require assistance to pay their eligible, past-due City of Pasco utility bills. REQUIRED INFORMATION/DOCUMENTS: 1.Completed Application. OPTION B Page 156 of 185 UTILITY ASSISTANCE GRANT – PROGRAM GUIDELINES 2. A copy of a valid form of identification such as a Washington State driver’s license or Washington State ID. 3. Provide SSN Card, Birth Certificate, Visa, US Passport as proof of lawful residency. 4. Pay stubs dated before and after March 1, 2020 or a notice of current employment status from employer or a claim for unemployment. GRANT LIMITATIONS One City of Pasco Utility Assistance grant will be awarded per household. DEADLINE TO APPLY Completed applications and all required documentation must be received and in City Hall no later than November 10, 2020. FUNDS AND TIMELINE LIMITED The maximum amount of funds to be awarded is $400,000. Please understand there is a limited amount of funding, and limited timeline to distribute. Once funds are depleted or deadline met, assistance will no longer be available, unless Council authorizes additional funds. CONTACT INFORMATION For additional information refer to the City of Pasco Customer Service website, https://www.pasco-wa.gov/150/Customer-Service-Utility-Billing . Customers can also call the office at (509) 545-3488 and leave a message if you receive a voice mail, or email PascoCARES@pasco-wa.gov. Page 157 of 185 UTILITY ASSISTANCE GRANT – PROGRAM GUIDELINES SUMMARY The City of Pasco CARES Utility Assistance Grant is designed to assist customers that have been affected by COVID-19. Payments are for Pasco Utility Customer households impacted by COVID-19 that require assistance towards meeting their financial obligations related to eligible past-due utility bills. Grant funds are limited and will be issued until all funds have been allocated or November 10, 2020, whichever comes first. Only one grant can be issued per eligible household address. Applications will be reviewed and approved by staff and priority will be given to customers that have communicated with the City regarding their situation and have made an effort to make payments towards their balance. It is critical that you submit your completed application as soon as possible before the limited funding is allocated. GUIDELINES SIZE OF THE GRANTS AND ELIGIBLE EXPENSES The City of Pasco CARES Utility Assistance Grant will provide payment for 1 to 6 months of eligible past due City utility bills. ELIGIBILITY REQUIREMENTS 1.Applicant must be a City of Pasco utility account holder with the account in their name. The primary utility account holder must submit and sign the application to be eligible. 2.Physical location of property is within the City limits. 3.Renters are eligible only if the account is in their name. 4.Delinquent on your City utility account for over 30 days as of October 1, 2020. 5.Must certify they are a U.S. citizen or legal permanent resident; or the applicant is otherwise lawfully present in the United States pursuant to federal law. 6.Applicants must certify that their financial need is a result of COVID-19 and that they require assistance to pay their eligible, past-due City of Pasco utility bills. REQUIRED INFORMATION/DOCUMENTS: 1.Completed Application. OPTION C Page 158 of 185 UTILITY ASSISTANCE GRANT – PROGRAM GUIDELINES 2. A copy of a valid form of identification such as a Washington State driver’s license or Washington State ID. 3. Provide SSN Card, Birth Certificate, Visa, US Passport as proof of lawful residency. 4. Pay stubs dated before and after March 1, 2020 or a notice of current employment status from employer or a claim for unemployment. GRANT LIMITATIONS One City of Pasco Utility Assistance grant will be awarded per household. DEADLINE TO APPLY Completed applications and all required documentation must be received and in City Hall no later than November 10, 2020. FUNDS AND TIMELINE LIMITED The maximum amount of funds to be awarded is $400,000. Please understand there is a limited amount of funding, and limited timeline to distribute. Once funds are depleted or deadline met, assistance will no longer be available, unless Council authorizes additional funds. CONTACT INFORMATION For additional information refer to the City of Pasco Customer Service website, https://www.pasco-wa.gov/150/Customer-Service-Utility-Billing . Customers can also call the office at (509) 545-3488 and leave a message if you receive a voice mail, or email PascoCARES@pasco-wa.gov. Page 159 of 185 AGENDA REPORT FOR: City Council October 13, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 10/19/20 FROM: Ken Roske, Police Chief Police Department SUBJECT: Resolution - Interlocal Agreement with Franklin County for Jail Services I. REFERENCE(S): Proposed Resolution Exhibit A - Proposed 2020-2023 Interlocal Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Resolution No. _____, authorizing the City Manager to execute a four-year interlocal agreement with Franklin County for the use of jail facilities. III. FISCAL IMPACT: 2019 2020 2021 2022 2023 Estimated Bed Days 13870 10400 10916 11462 12030 Daily Lodging Rate $62.00 $73.27 $76.93 $80.78 $85.17 Projected Annual Cost $859,940.00* $762,008.00+ $839,767.88 $925,900.36 $1,024,595.10 Prisoner housing is a General Fund expenditure. *Actual expenditure. +2020 projected expenditures are reduced to reflect fewer bookings due to COVID precautions. Bookings are anticipated to increase to pre-COVID levels over the following years. IV. HISTORY AND FACTS BRIEF: Through an interlocal agreement (ILA), the City of Pasco has utilized the Franklin Page 160 of 185 County Correction Center (FCCC) to book and hold prisoners arrested by City Police Officers for decades. The FCCC’s location in Pasco and proximity to the Pasco Police Community Center create an economy of scale such that the City has not had to consider building and operating its own jail facility. The FCCC houses City and County prisoners, with the City prisoner population averaging about sixty (60) percent of the total population for the facility in any given year. The current ILA became effective in January of 2016 with a term of four years, expiring December 31, 2019. The 2016 ILA provided for a daily lodging rate of $62 per bed day for the term of the agreement. During the term of the 2016 ILA, Franklin County has taken efforts to upgrade the facility through capital and operational improvements, including medical support of the population. Capital improvements have been phased to allow for continuous operation and are currently underway at the facility. Capital improvements to the facility are funded through the Franklin County share (60 percent) of the 0.3% Public Safety Sales voter approved sales tax. Per the Franklin County budget, revenues for this tax have been budgeted as follows: • Debt service for the County Courthouse, jail, and associated computer software • Revenue for Correction operations • Other technology and equipment • Debts reserves as required by bond covenant V. DISCUSSION: Negotiations commenced on a successor agreement to the 2016 ILA last fall, which were then subsequently delayed by COVID-related reprioritizations and impacts of both agencies. Negotiations resumed in earnest around mid-2020 resulting in the proposed ILA. The proposed ILA provides for the following major deal points: Term: Four-year term - effective January 1, 2020 through December 31, 2023. Rates: Increases in the daily bed rate as outlined in the fiscal impact summary. Level of Service: • Significant increase in prisoner supervision through the addition of 11 additional corrections officers over the previous agreement in 2016 • The addition of 24/7 on-site medical staff (this represents a an annual increase of $600,000) • Updated diet plan and meal service providing for higher quality, nutritious meals to prisoners along with the capacity to accommodate special dietary and/or religious needs While the negotiated increase in the daily lodging rate from the prior agreement to the new ILA is significant, so too is the value of the service provided. The proposed ILA Page 161 of 185 provides for a much improved level of service reflecting a higher level of supervision and care of City prisoners. It should also be noted that the daily lodging rate had not been increased over the previous four years. Accordingly, staff is recommending Council approval of the proposed ILA for Franklin County for Jail Services. Page 162 of 185 Resolution – ILA for Use of Jail Facilities - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A FOUR- YEAR INTERLOCAL AGREEMENT WITH FRANKLIN COUNTY FOR THE USE OF JAIL FACILITIES. WHEREAS, the City of Pasco, Washington has a need to confine City prisoners held upon arrest, awaiting trial or case disposition, and/or serving sentences of jail terms on a space available basis; and WHEREAS, the City of Pasco, Washington and Franklin County, Washington desire to enter into this interlocal agreement for efficiency and cost effectiveness for the holding of the City of Pasco’s incarcerated individuals; 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 Franklin County for these services. 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 of the terms and conditions of the Interlocal Agreement between the City of Pasco and Franklin County, Washington, as attached hereto and incorporated herein 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. 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 163 of 185 AGREEMENT FOR USE OF JAIL FACILITIES - 1 AGREEMENT FOR USE OF JAIL FACILITIES THIS AGREEMENT is made and entered into by and between FRANKLIN COUNTY, a political subdivision of the State of Washington (hereinafter “County”) and the City of PASCO, WASHINGTON, a municipal corporation (hereinafter “City”). For and in consideration of the conditions, covenants, and agreements contained herein the parties agree as follows: 1. PURPOSE The City, desiring to utilize Franklin County Jail (hereinafter “jail”) facilities and services, for the incarceration of City prisoners, in accordance with the Interlocal Cooperation Act (Chapter 39.34 RCW) and the City and County Jails Act (Chapter 70.48 RCW), hereby enters into an agreement with Franklin County for use of the County jail facility and services for confinement of City prisoners. It is the purpose of this agreement to provide for the joint use by the parties of the jail facilities and services at the jail located at the Franklin County Justice Center. 2. DEFINITIONS (a) “Franklin County Custody Budget” shall mean all expenditure items in such budget. (b) “City Prisoner” shall mean a person who is booked into the jail pursuant to an arrest by a City police officer for the commission of a misdemeanor or gross misdemeanor, which could be booked as a violation of a City ordinance. For the term of this agreement, should the City choose to repeal any or all of its ordinance provisions which give rise to potential City jail time, such action will have no bearing on the computation of City prisoner days as defined below. (c) “City Prisoner Day” shall mean any portion of a consecutive 24-hour period that a City Prisoner is in the custody at the County jail and shall include when a City Prisoner is only booked and released, as calculated using Intergraph Jail Management System (ILEADS) or Tyler System methodology for counting jail days. After booking, the total elapsed time for each visit shall be calculated in minutes. At the time of release, the number of minutes will be divided by 1440 (the number of minutes in a day), and the resulting number will be rounded up. For example, if a City prisoner’s stay is from 8:00 AM on January 1, 2020 to 1:00 PM on January 3, 2020, the total elapsed time would be 3,180 minutes. This is two days and five hours, and the number of City Prisoner Days would be three. Page 164 of 185 AGREEMENT FOR USE OF JAIL FACILITIES - 2 3. AVAILABILITY AT JAIL FACILITIES The jail facilities and services shall be available for confinement of City Prisoners held upon arrest, awaiting trial or case disposition, and/or serving sentences of jail terms on a space available basis; provided, confinement of City Prisoners will be given priority over confinement of Prisoners for jurisdictions from outside of Franklin County. 4. COMPENSATION FROM CITY The City shall pay the County as compensation for its provision of jail facilities and services as specified herein. (a) For the 2020 calendar year, the fee for the City Prisoner Day will be seventy-three dollars and twenty-seven cents ($73.27) per day. The City shall pay to the County seventy-three dollars and twenty-seven cents per City Prisoner Day. (b) For the 2021 calendar year, the fee for the City Prisoner Day will be seventy-six dollars and ninety-three cents ($76.93) per day. The City shall pay to the County seventy-six dollars and ninety-three cents per City Prisoner Day. (c) For the 2022 calendar year, the fee for the City Prisoner Day will be eighty dollars and seventy-eight cents ($80.78) per day. The City shall pay to the County eighty dollars and seventy-eight cents per City Prisoner Day. (d) For the 2023 calendar year, the fee for the City Prisoner Day will be eighty-five dollars and seventeen cents ($85.17) per day. The City shall pay to the County eighty-five dollars and seventeen cents per City Prisoner Day. (e) For all Bookings, there will also be an initial forty-five dollars ($45.00) booking fee to cover the intake processing costs. 5. PAYMENT The County shall bill the City by submitting a monthly voucher to the City on or before the 15th of each month, for the number of City Prisoner Days in the preceding month. The City shall pay the County the compensation set forth in Section 4 hereof within thirty (30) days from receipt of such voucher. Account balances overdue thirty (30) days or more will be subject to a service charge of Page 165 of 185 AGREEMENT FOR USE OF JAIL FACILITIES - 3 1% (one percent) per month (12% (twelve percent) per annum). Should it become necessary, all collection costs shall be paid by the City. 6. MEDICAL COSTS AND TREATMENT. (a) The County shall have the right to refuse to accept a City prisoner who, at the time of delivery to the jail for confinement, is in need of medical attention, until the City has made arrangements satisfactory to the County, for such medical attention. (b) The County will provide medical services for all City Prisoners within the jail in accordance with the policies and procedures adopted by the County. (c) In the event a prisoner requires medication, medical care, or dental treatment that is not available in the health care program within the jail provided by the County, the City shall be responsible as follows: i. With respect to City Prisoners, the City shall reimburse the County for the cost of all medication, medical care, or dental treatment to the extent such costs are not paid by the prisoner, insurance, public assistance, or other sources, and for the cost of transportation to and from any health care facility that is outside the local area (Tri- Cities). ii. With respect to those prisoners who are not City Prisoners, as defined in Section 2, but who are confined on the basis of charges initiated by the City police officers, the City shall reimburse the County for the cost of all such medication, medical care, dental treatment, and transportation to and from any health care facility outside of the local area (Tri-Cities) that are incurred prior to the disposition of the charges by sentencing, or otherwise, to the extent that the cost is not paid by the prisoner, insurance, public assistance, or other sources. iii. The County shall promptly forward its written requests for reimbursement to the City within sixty (60) days of receipt of a medical billing statement, which shall be attached to such request, from a medical provider providing treatment under this section. Failure to timely submit reimbursement request shall be considered a waiver of the County’s right to reimbursement for any medical expenses, dental expenses, or other costs incurred related to a prisoner’s healthcare. (d) The County agrees to use reasonable efforts to obtain reimbursement from the prisoner, insurance, public assistance, or other sources, for such costs of medication, and medical care, or dental treatment. The County Page 166 of 185 AGREEMENT FOR USE OF JAIL FACILITIES - 4 shall, except in cases of emergency which prevent the County from providing advanced notification, notify the Chief of Police or designee whenever a City Prisoner requires such medication, medical care, or dental treatment, the cost of which is the responsibility of the City pursuant to this Agreement. The City agrees to provide to the County, when notified, written verification of any furlough/Personal Recognizance Court Order to release for the care or treatment for a City Prisoner. (e) The County shall, subject to the City’s notification required by subsection (d) hereof, have the authority to make arrangements for medication, medical care, or dental treatment not available in the health care program within the jail. (f) The County shall be responsible for all medical expenses resulting from accidental injuries incurred during the course of a City Prisoner’s, and those who are confined on the basis of charges initiated by the City police officers, incarceration; provided, this subsection shall not relieve the City of its obligations to reimburse the County for medical expenses incurred in connection with any pre-existing medical condition that does not arise due to an accidental injury to a City Prisoner, and those who are confined on the basis of charges initiated by the City police officers, occurring during incarceration. The City shall not be responsible for medical expenses resulting from injuries incurred during the course of a City Prisoner’s, and those who are confined on the basis of charges initiated by the City police officers, incarceration related to the intentional tort or criminal conduct of another. 7. TRANSPORTATION OF PRISONERS The City shall be responsible for all transportation cost associated with City Prisoners outside the local area (Tri-Cities), or the cost thereof if transportation is provided by the County at the applicable mileage reimbursement rate for private vehicle use set by the U.S. General Services Administration. The County reserves the right not to provide transportation of City Prisoners outside of the local area. 8. TRANSFER OF CUSTODY City or any law enforcement on behalf thereof delivering persons to the jail for confinement shall provide the County officer of the jail with an arrest warrant, citation, court order, other documentation, or a completed detention request form satisfactory to the County officer which indicates the legal basis for confinement of the person and, in the absence of such documentation, the County officer may refuse to accept the person for confinement. Page 167 of 185 AGREEMENT FOR USE OF JAIL FACILITIES - 5 The County may also refuse to accept any City Prisoner for confinement if, in its sole discretion, it would be inappropriate to accept such person for security, safety reasons, or any other reason which causes the Sheriff or his designee to conclude that it would be inappropriate for a particular person to be held in custody in the jail. Including but not limited to family, social, or employment relationships between the person arrested and one or more members of the correctional staff. (a) City Police Officers delivering persons to the jail for confinement shall remain in the immediate presence of such person, and shall be responsible for such person in their sole custody until the County officer has accepted documentation for such person’s confinement and physical custody of that person and has indicated that the City Police officer may leave. At such time, and only at such time, will the County have assumed custody of and responsibility for the person to be confined. (b) City Prisoners shall be subject to all applicable rules, regulations, and standards governing the operation and security of the jail. All City officers delivering prisoners to the County jail shall comply with those rules, regulations, and standards. 9. ACCESS TO PRISONERS City Police Officers and investigators shall have the right to interview City Prisoners at any reasonable time within the jail. City Police Officers shall be afforded equal priority for the use of jail interview rooms with other departments, including the Franklin County Sheriff’s Department. 10. POSTING OF BAIL The County shall serve as agent for the City in receipt of bail bonds or monies posted for City Prisoners. 11. SPECIAL PROGRAMS. (a) Home Monitoring and Other Special off-site Programs: Prisoners participating in a home monitoring program, or any other program agreed in writing by the parties to be subject to this paragraph 11(a), shall not be included in the calculation of “City Prisoner Days” under paragraph 2(c) of this Agreement. The cost of providing home monitoring or any other agreed special program subject to this paragraph 11(a) shall Page 168 of 185 AGREEMENT FOR USE OF JAIL FACILITIES - 6 be determined by the sentencing judge. The County shall use all best efforts to collect the cost of such special program from the City Prisoner, provided, in the event that a City Prisoner is determined by the sentencing judge to be indigent, as a matter of law, yet otherwise qualifies for such home monitoring or other special program and is unable to pay the entire cost of such special program, the City shall be responsible for the actual cost of providing such special program not paid by the City Prisoner. The County shall provide a monthly statement to the City regarding the City’s obligation for payment for such special programs under this subsection. 12. RELEASE OR LEAVE OF CITY PRISONERS. City Prisoners shall be permitted to leave the jail only: (a) Upon the authorized, written request of the City police; (b) By order of the Court having jurisdiction of a City Prisoner and the matter for which such prisoner is being confined; (c) For appearance by the prisoner in the Court in which the prisoner has been charged; (d) In compliance with a valid writ of habeas corpus; (e) For necessary medical or dental treatment or care not available within the jail; or (f) When the prisoner has completed service of the sentence, the charge pending against the prisoner has been dismissed or bail or other satisfactory recognizance has been posted as required by the Court. 13. RECORDKEEPING The County, based on consultation with the City’s Chief of Police, agrees to maintain a system of record keeping to document the booking and confinement of each City Prisoner in such style and manner as is equivalent to the County’s records pertaining to its prisoners under the current ILEADS system or Tyler Software system. The County shall make copies of said records available upon request by the City. The City agrees to be bound by all applicable confidentiality laws regarding jail records. 14. INDEMNIFICATION. Page 169 of 185 AGREEMENT FOR USE OF JAIL FACILITIES - 7 (a) The City shall indemnify and hold harmless the County and its officers, agents, and employees, to the extent of the City’s negligence, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever resulting from, arising out of or incident to any act or omission of the City, its officers, agents, or employees, in the performance of this Agreement or in arresting, detaining, charging, transporting, interrogating, or otherwise dealing with persons either before or after presentation to and acceptance by the County for confinement in the jail. With respect to the performance of this Agreement and as to claims against the County, its officers, agents, and employees, the City expressly waives its immunities under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend, and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the City. This waiver is mutually negotiated by the parties. In the event that any suit based upon such a claim, action, loss, cost, expense, or damage is brought against the County, the City shall defend the County at its sole cost and expense; provided, that the County retains the right to participate in any such suit if any principle of governmental or public law is involved. If final judgment is entered against the County, or its officers, agents, or employees, the City shall satisfy the same in full. (b) The County shall indemnify and hold harmless the City and its officers, agents, and employees, to the extent of the County’s negligence, from and against any and all damages of any nature whatsoever resulting from and against any and all damages of any nature whatsoever resulting from, arising out of or incident to any act or omission of the County, its officers, agents, or employees, in the performance of this Agreement or in confining persons who have been presented by the City to and accepted by the County for confinement in the jail while said persons are in the jail or in the custody of the County outside the jail. In the event any suit based upon such a claim, action, loss, cost, expense or damage is brought against the City, the County shall defend the City at its sole cost and expense; provided that the City retains the right to participate in such suit if any principle of governmental or public law is involved. If final judgment be rendered against the City or its officers, agents or employees the County shall satisfy the same in full. 15. NON-DISCRIMINATION POLICY Page 170 of 185 AGREEMENT FOR USE OF JAIL FACILITIES - 8 It is the policy of Franklin County that no person shall be subjected to discrimination by the County or by its contractors because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service animal by a person with a disability, or any other legally protected status. 16. AUTHORITY This Agreement is executed in accordance with the authority of RCW 70.48.090 and Chapter 39.34 RCW, the Interlocal Cooperation Act. The following information is given pursuant to the provisions of RCW 39.34.030: (a) The duration of this Agreement shall be four years. (b) The purpose of this Agreement is to permit the joint use of the Franklin County Corrections Center for confinement of prisoners of the parties to the Agreement thereby promoting maximum use and efficiency of the Franklin County Corrections Center. (c) Termination of this Agreement shall be as provided in Section 20 hereof. (d) This Agreement shall be administered as provided in Section 17 hereof. (e) Unless otherwise specifically agreed by the parties in writing, all property, personal and real, utilized by the parties hereto in the execution of this agreement shall remain the property of that party initially owning it. (f) Nothing in this Agreement shall preclude the City from maintaining and utilizing its own holding facilities or contracting with another jurisdiction. 17. ADMINISTRATION This Agreement shall be administered by the Franklin County Sheriff or Franklin County designee. 18. REMEDIES No waiver of any right under this Agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor Page 171 of 185 AGREEMENT FOR USE OF JAIL FACILITIES - 9 does payment of a billing or continued performance after notice of a deficiency in performance constitutes acquiescence thereto. 19. DURATION Upon its effective date, this agreement supersedes the prior Agreement for Use of Jail Facilities between the parties. This agreement shall be effective for four (4) years, from January 1, 2020 through December 31, 2023. It may be renewed for a period of one year by written mutual agreement, provided the parties provide one another with at least sixty (60) days advance written notice. 20. TERMINATION This agreement may be terminated prior to the end of its term by either party for cause upon not less than ninety (90) days advance written notice. Said notice shall set forth the basis for termination. Page 172 of 185 AGREEMENT FOR USE OF JAIL FACILITIES - 10 CITY OF PASCO, WASHINGTON BOARD OF COUNTY COMMISSIONERS Franklin County, Washington By:_______________________ ________________________________ Dave Zabell, City Manager Robert E. Koch, Chairman By:_______________________ ________________________________ Debra Barham, CMC Brad Peck, Chair Pro Tem City Clerk ________________________________ Clint Didier, Member APPROVED AS TO FORM: ATTEST BY: ___________________________ ________________________________ Kerr Ferguson Law, PLLC Clerk of the Board City Attorney APPROVED AS TO CONTENT: ________________________________ Jim Raymond Sheriff APPROVED AS TO FORM: By: ____________________________ Jennifer Johnson Deputy Prosecuting Attorney Page 173 of 185 AGENDA REPORT FOR: City Council October 14, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 10/19/20 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Setting Public Hearing for Vacation of Public Access Easement on Coca Cola Property (formerly Henry St.) I. REFERENCE(S): Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ______, setting a public hearing date of November 16, 2020 for the Vacation of Utility and Public Access Easements across Coca Cola's property east of Road 34. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: On August 10, 2020 Council received a staff presentation regarding the Henry Street right-of-way vacation and subsequent concerns, the presentation specifically addressed: • Vacation of Henry Street right-of-way between Road 34 and SR-395 (April 2016) • Establishment of a 20-foot wide utility easement and 30-foot wide Public Access Easement (April 2016) • Dedication of an additional 24-foot wide Public Access Easement around new loading docks (December 2016) • Coca Cola's request to relocate the Public Access Easement further south (approximately 12 feet) to accommodate larger trucks using the loading dock and still allow safe access for the public (2020). The City, Coca Cola and the impacted neighbors have been discussing this issue for two years and have been exploring options to improve the situation. After considerable effort, staff and Coca Cola have negotiated a solution staff believes accomplishes the relocation of the Public Access Easement in a manner consistent with improving safety Page 174 of 185 for surrounding residents, vehicles and pedestrians utilizing the easement and Coca Cola operations. The solution requires the formal vacation of the previous three easements (20-foot utility easement, 30-foot Public Access Easement and 24-foot Public Access Easement) and dedication of a new easement for both utilities and public access on an alignment further to the south but still connecting to the Henry Street and Rd 34 intersection and the Henry St alignment at the Riviera Trailer Village. Per PMC 12.40, a Public Hearing is required to vacate a Public Access Easement. V. DISCUSSION: The attached resolution sets a date of November 2, 2020 for a Public Hearing on the vacation of the utility and access easements across the Coca Cola property located at 1225 N Road 34. City staff, Coca Cola and area residents will continue to work out final details of the Easement Agreement that will dedicate the new location of the utility and public access easements. The vacation and dedication would occur simultaneously, with the vacation conditioned upon the dedication of a suitable replacement easement. Page 175 of 185 Resolution – VAC 2020-000- 1 RESOLUTION NO. ______ A RESOLUTION INITIATING VACATION PROCEEDINGS AND SETTING 7:00 PM, NOVEMBER 16, 2020 AS THE TIME AND DATE TO CONDUCT A PUBLIC HEARING TO CONSIDER VACATING A PORTION OF ACCESS EASMENTS RESERVED BY CITY ORDINANCE NO. 4281 AND ADDITIONALLY GRANTED TO THE CITY UNDER FRANKLIN COUNTY AUDITOR FILE NO. 1858915 WHEREAS, the vacation process provided in PMC 12.40 allows the City Council to initiate vacation proceedings by resolution; and, WHEREAS, the vacation process provided in PMC 12.40 requires that the City Council set a hearing on vacation by resolution, with the date of the hearing being not more than sixty (60) days nor less than twenty (20) days after the date of passage of such resolution; and, WHEREAS, the vacation process provided in PMC 12.40, allows for the resolution seeking vacation by the City Council to be consolidated with the resolution setting the hearing into a single resolution; and, WHEREAS, the vacation process provided in PMC 12.40 requires a title report and an appraisal of value and compensation unless waived by the City Council; and, WHEREAS, pursuant to PMC 12.40.120(2)(a) waiver of a title report, an appraisal and compensation is warranted due to City Council initiating vacation of a portion of ACCESS EASMENTS RESERVED BY CITY ORDINANCE NO. 4281 (EXHIBIT A) AND ADDITIONALLY GRANTED TO THE CITY UNDER FRANKLIN COUNTY AUDITOR FILE NO. 1858915 by resolution; or WHEREAS, Chapter 35.79 RCW requires public hearings on vacations to be fixed by Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. Initiation of Vacation Proceedings. The City Council of the City of Pasco hereby initiates vacation proceedings for a portion of ACCESS EASMENTS RESERVED BY CITY ORDINANCE NO. 4281 (EXHIBIT A) AND ADDITIONALLY GRANTED TO THE CITY UNDER FRANKLIN COUNTY AUDITOR FILE NO. 1858915 Section 2. Waiver of Requirements. That pursuant to PMC 12.40, the City Council hereby waives the requirement for an appraisal, title report and payment of compensation for the proposed right-of-way vacation of a portion of ACCESS EASMENTS RESERVED BY CITY ORDINANCE NO. 4281 (EXHIBIT A) AND ADDITIONALLY GRANTED TO THE CITY UNDER FRANKLIN COUNTY AUDITOR FILE NO. 1858915. Page 176 of 185 Resolution – VAC 2020-000- 2 Section 3. Notice of Hearing: That a public hearing to consider vacating the following will be held before the City Council of the City of Pasco in the Council Chambers at 525 N Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on November 16, 2020: Those portions of the 30-foot wide (fifteen feet on either side of the centerline) Access Easement over and across vacated West Henry Street between the east right-of-way line of Road 34 and the northerly projection of the east line of vacated Road 32 reserved and retained by the City of Pasco in Section 3 of Pasco Ordinance 4281, Passed on April 18, 2016, and the 24 foot wide Access Easement granted by Pasco Coke LLC to the City of Pasco by the Easement Recorded 03/07/2017 under AFN # 1858915 records of the Franklin County, WA, Auditor, located over, under and across the North 286 feet of the West half of the Northeast quarter of the Southwest quarter of the Northwest quarter of Section 25, Township 9 North, Range 29 East. W.M., City of Pasco, Franklin County, Washington, lying Northerly of the Northerly line of a 24-foot-wide access easement, the centerline of which is described as follows: Commencing at the Northwest corner of said Section 25, being a brass cap in a monument case; thence along the North line of said Section 25 North 89°01’44” East for 661.68 feet; thence South 00°09’15” West for 1,333.60 feet to the Northwest corner of the Northeast quarter of the Southwest quarter of the Northwest Quarter of said Section 25 and being the intersection of Road 34 and vacated Henry Street per City of Pasco ordnance 4281, thence along the centerline of said vacated Henry Street South 89°10’21” East for 30.00 feet to the West Right of Way of Road 34; thence continuing along said vacated centerline South 89°10’21” East for 34.38 feet to the true point of beginning of said 24.00 -foot variable length access easement centerline; thence South 58°23’02” East for 72.43 feet; thence North 89°11’58” East for 110.60 feet; thence North 60°10’07” East for 80.24 feet, to the terminus of said 24-foot-wide access easement centerline. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. 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 Page 177 of 185 EXHIBIT A Text of Ordinance No. 4281 AFN # 1844970 ORDIN 05/09/2016 02:13 PM 4 Page(s) $76.00 Matt Beaton, Auditor Franklin Co., WA WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 ORDINANCE NO. 4281 AN ORDINANCE VACATING A PORTION OF WEST HENRY STREET. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That all of West Henry between the east right-of-way line of Road 34 and the west right-of-way line of Highway 395, as depicted in Exhibit" l" be and the same is hereby vacated subject to the easement retained in Section 2 hereof. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to northerly 20 feet of West Henry between the east right-of-way line of Road 34 and the northerly projection of the west line of vacated Road 32 and the full width easement in vacated West Henry Street east of the northerly projection of the west line of vacated Road 32 all in West Henry Street vacated in Section 1 above for the construction, repair and maintenance of public utilities and services. Section 3. That the City shall retain a 30-foot (fifteen feet on either side of the center line) easement over and across vacated West Henry Street between the east right-of-way line of Road 34 and the northerly projection of the east line of vacated Road 32 and the full width access easement in vacated West Henry Street east of the northerly projection of the east line of vacated West Henry Street. 1 Page 178 of 185 1. Section 4. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 5. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 18th day of April 2016. Matt Watkins, Mayor Attest: Debra L. Clark, City Clerk Approved as to Form: Leland Kerr, City Attorney 2 Page 179 of 185 AGENDA REPORT FOR: City Council October 9, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 10/19/20 FROM: Angela Pashon, Senior Management Analyst Executive SUBJECT: *Lodging Tax Advisory Committee (LTAC) Recommendations for 2021 I. REFERENCE(S): 2021 Lodging Tax Requests 2016-2020 Lodging Tax Summary 10.09.20 LTAC Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: To approve the allocation of 2021 Lodging Tax receipts as recommended by the Lodging Tax Advisory Committee. III. FISCAL IMPACT: Lodging Tax Funds - $586,900.00 IV. HISTORY AND FACTS BRIEF: State law authorizes the collection of the 2% local tax on lodging facilities (hotels and motels). The funds originally could be used for stadiums and for tourism promotion activities. In 1993, like several cities prior to that time, Pasco was granted by State law authority to assess an additional 2% lodging tax fund specifically the City's share of TRAC, currently known as HAPO Center. The legislature subsequently increased the base lodging tax to 4% and eliminated the individual taxing authorizations. The amendment also required the establishment of a Lodging Tax Advisory Committee (LTAC) to review and recommend proposed uses of the lodging tax annually. V. DISCUSSION: The Pasco LTAC convened on October 9, 2020, to review eight proposals received for Page 180 of 185 use of the 2021 Lodging Tax receipts. Three (3) applicants requested reconsideration for 2021 allocation as their events or facilities have been severely impacted by the COVID-19 pandemic. Based on the Committee's review of allowable uses and individual requests, the LTAC recommends fund allocations as outlined below: • $250,000 (est.) TRAC (HAPO Center), 50% of actual operating costs • $130,000 Baseball Stadium Improvements Debt Service (20-year obligation on $2 million beginning 2019) • $148,000 (est.) Visit Tri-Cities Promotion Services (50% of 2%) • $ 3,900 Fund Administration and Expenses • $ 10,000 Water Follies Event • $ 5,000 Arc of Tri-Cities Event • $ 20,000 Franklin County Historic Society Facility Improvements • $ 20,000 Pasco Chamber of Commerce Events • $589,900 TOTAL The $589,600 LTAC recommendation exceeds projected 2021 lodging tax revenues estimated at $320,000. Impacts of COVID-19 has greatly impacted tourism which staff projects will continue to impact the industry through 2021. Long-term commitments make up 94% of the LTAC's 2021 recommendation. The Hotel/Motel Fund has a balance of approximately $610,000 (estimated fund balance as 1/1/2021), which is available for 2021 expenditures in excess of revenues. While it is difficult to be certain how the tourism industry may recover in the coming years, staff anticipates revenues will recover to 2019 levels by 2023 and perhaps sooner. As revenues recover, additional funds will become available for projects or activities beyond programmed long-term commitments. Staff is identifying strategies expand 2021 outreach efforts in the solicitation of applications for the 2022 cycle from diverse community organizations. With respect to the recommendations of the LTAC, per RCW 67.28.1816 2(b)(ii), the City Council must either except the recommendation of the local lodging tax advisory committee or in the alternative, the Council can determine that the recommendation is not acceptable and remand the matter back the LTAC Committee. The LTAC Committee's recommendations are consistent with Council's goals and State statute accordingly, staff recommends Council approval of the LTAC allocations as recommended. Page 181 of 185 2021 LODGING TAX REQUESTS TRAC/HAPO* $ 250,000.00 Stadium Debt** $ 130,000.00 VCB Promotion Services*** $ 148,000.00 Fund Administration $ 3,900.00 Pasco Chamber $ 20,000.00 Arc of Tri-Cities (Special Olympics) $ 5,000.00 Water Follies $ 10,000.00 Franklin County Historic Society $ 20,000.00 TOTAL REQUESTS $ 586,900.00 2021 ESTIMATED REVENUE $ 320,000.00 ESTIMATED FUND BALANCE TO BE USED $ 266,900.00 *Interlocal Agreement between City of Pasco and Franklin County **20-year debt service on $2 million improvements began in 2019 ***Interlocal Agreement between cities of Pasco, Kennewick and Richland with Tri-Cities Visitor and Convention Bureau (VCB) to provide 50% of annual 2% lodging tax receipts to VCB. Page 182 of 185 2020 2020 2019 2018 2017 2016Estimated10/8/2020SOURCETOTAL ANNUAL SOURCES300,000$ 625,000$ 653,720$ 684,130$ 651,175$ 553,728$ TOTAL EXPENSES577,960$ 639,100$ 549,273$ 409,974$ 277,396$ 418,364$ ANNUAL NET INCOME(277,960)$ (14,100)$ 104,447$ 274,156$ 373,779$ 135,364$ CUMULATIVE FUND BALANCE609,786$ 887,746$ 783,299$ 509,143$ 135,364$ EXPENSED2020 Estimated 2020 Budgeted 2019 Actual 2018 Actual 2017 Actual 2016 ActualTRAC/HAPO* 275,000$ 260,000$ 207,502$ 235,960$ 122,003$ 273,948$ Stadium Debt** 126,500$ 160,000$ 160,000$ ‐$ ‐$ ‐$ VCB Promotion Services*** 152,560$ 152,200$ 145,040$ 134,920$ 126,582$ 123,180$ Pasco Chamber 20,000$ 20,000$ 20,000$ 20,000$ 20,000$ 12,500$ Downtown Pasco Development Authority‐$ 8,000$ 8,000$ 7,000$ 5,000$ 5,000$ Fund Administration 3,900$ 3,900$ 8,731$ 7,094$ 3,811$ 3,736$ Arc of Tri‐Cities (Special Olympics)‐$ 5,000$ ‐$ ‐$ ‐$ ‐$ Water Follies‐$ 10,000$ ‐$ ‐$ ‐$ ‐$ Franklin County Historic Society‐$ 20,000$ ‐$ ‐$ ‐$ ‐$ TOTAL USES 577,960$ 639,100$ 549,273$ 404,974$ 277,396$ 418,364$ *Interlocal Agreement between City of Pasco and Franklin County**20‐year debt service on $2 million improvements began in 2020 Budgeted Actual Actual Actual Actual***Interlocal Agreement between cities of Pasco, Kennewick and Richland with Tri‐Cities Visitor and Convention Bureau (VCB) to provide 50% of annual 2% lodging tax receipts to VCB.Page 183 of 185 [?asco O0 DD Page 184 of 185 Page 185 of 185