HomeMy WebLinkAbout2020.11.09 Council Remote Workshop PacketRemote Workshop Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
November 9, 2020
Page
1. REMOTE WORKSHOP INSTRUCTIONS:
(a) The Pasco City Council Workshops are broadcast live on PSC-TV
Channel 191 on Charter/Spectrum Cable in Pasco and Richland and
streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook
page at www.facebook.com/cityofPasco.
Call-in information to GoToWebinar for "listen-only" mode is:
(213) 929-4212 and use access code 555-318-622.
2. CALL TO ORDER:
3. ROLL CALL:
(a) Pledge of Allegiance
4. VERBAL REPORTS FROM COUNCILMEMBERS:
5. ITEMS FOR DISCUSSION:
3 - 7 (a) Chiawana Park Riparian Shoreline Project
8 - 14 (b) Ordinance - Amend PMC 6.05.010 Definitions - Potentially Dangerous
Animal
(c) Introduction of Proposed 2021-2022 Biennial Operating Budget
15 - 40 (d) Fireworks Display Discussion
41 - 47 (e) Introduce Resolution - Second Amendment to Interlocal Agreement for
Tourism Promotion Area
48 - 68 (f) Introduce Resolution - WA ST Department of Natural Resources
Easement for Columbia East Force Main
6. MISCELLANEOUS COUNCIL DISCUSSION:
Page 1 of 68
Remote Workshop Meeting November 9, 2020
7. EXECUTIVE SESSION:
8. ADJOURNMENT:
(a)
REMINDERS:
• Thursday, November 12, 7:00 PM: Ben Franklin Transit Board
Meeting – Virtual Meeting (COUNCILMEMBER RUBEN
ALVARADO, Rep.; COUNCILMEMBER ZAHRA ROACH, Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for
assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor
avisa la Secretaria Municipal dos días antes para garantizar la
disponibilidad. (Spanish language interpreter service may be
provided upon request. Please provide two business day's notice to
the City Clerk to ensure availability.)
Page 2 of 68
AGENDA REPORT
FOR: City Council October 26, 2020
TO: Dave Zabell, City Manager Remote Workshop Meeting:
11/9/20
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: Chiawana Park Riparian Shoreline Project
I. REFERENCE(S):
Powerpoint Presentation
Draft Memorandum of Understanding
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
No direct fiscal Identified, some minor ongoing maintenance efforts will be required.
IV. HISTORY AND FACTS BRIEF:
Futurewise and Mid-Columbia Fisheries Enhancement Group (MCFEG) received
funding from the Rose Foundation Columbia River Fund to conduct targeted outreach
that will help control urban stormwater runoff and prevent pollution from reaching the
Columbia River through low-impact development practices. These efforts will be
furthered through development of a riparian demonstration project. Public education
on the project and its benefits would be accomplished through direct mailings to nearby
property owners, social media, virtual open houses and events. Futurewise and the City
will work with community partners to implement the project.
In early 2020, Futurewise and MCFEG approached the City of Pasco about co-locating
a project on park land adjacent to the Columbia River. Chiawana Park was chosen as a
preferred location and a subsequent on-site meeting was held on site in early March
with attendees from Futurewise, MCFEG, the City of Pasco, the U.S. Army Corps of
Engineers (USACE), and tribal representatives to explore the issue further.
Page 3 of 68
V. DISCUSSION:
The City of Pasco is responsible for maintenance and operations of Chiawana Park, but
is a lessee of the land, which is owned by the USACE. Under the terms of the proposed
agreement, the delegation of roles and responsibilities for each party is as follows:
Futurewise and MCFEG will:
1. Provide funding from the Rose Foundation to purchase materials and cover the
costs of the permit fees.
2. Coordinate with community partners on the project design and implementation,
including the USACE, WDFW, local tribes, and other community stakeholders.
3. Purchase supplies and plants, install plants and fencing and develop educational
materials, recruit and coordination with volunteers in support of the project.
4. Provide Spanish language educational materials and translation services.
5. Prepare the USACE permit application for the City of Pasco to submit to the
USACE.
6. Send a postcard to residents adjacent to the park informing them about the
project and the benefits of backyard buffers and riparian habitat.
7. Notify nearby schools of the project and educational opportunities for guided,
or self-directed, field trips.
8. Host a one-day “Good Buffers Make Good Neighbors” event in the park on or
near the time of plating to showcase the project and the importance of riparian
restoration efforts.
The City will:
1. Submit the application to the USACE on behalf of the project.
2. Advise and approve the written communications to the surrounding
neighborhood and any marketing materials about community events.
3. Allow access to the park for planning and planting of the riparian
demonstration site and a community event.
4. Work with Futurewise to develop a maintenance plan including, irrigation of
the site and training staff on plant maintenance to help ensure success of
project.
Staff concurs that Chiawana Park provides an appropriate venue for the demonstration
project, allows for a cooperative opportunity with regional organizations, and will
promote more events and opportunities for educational partnerships hosted on park
lands.
The proposed Memorandum of Understand (MOU) memorializes role and
responsibilities for the project's lifecycle. Staff recommends approval.
Page 4 of 68
Page 1 of 3
Memorandum of Understanding between
The City of Pasco and Futurewise
THIS MEMORANDUMOF UNDERSTANDING (MOU) is entered into this 16th day of
November 2020 by and between Futurewise, and the City of Pasco (the City). This
MOU will identify the roles and responsibilities for the Pasco Riparian
Demonstration Project on property known as Chiawana Park.
WHEREAS, Futurewise and Mid-Columbia Fisheries Enhancement Group
(MCFEG) received funding from the Rose Foundation Columbia River Fund to conduct
targeted outreach that will help control urban stormwater runoff and prevent pollution from
reaching the Columbia River.
WHEREAS, Futurewise staff and representatives from community stakeholders
including MCFEG, the City, the United States Army Corps of Engineers (USACE),
Washington State Department of Fish and Wildlife (WDFW), and Confederated Tribes of
the Umatilla Indian Reservation (CTUIR), identified an ideal project location within
Chiawana park. This location was selected due the community visibility, access to the
shoreline, ability to maintain long-term, and the proximity to a residential neighborhood.
WHEREAS, MCFEG has expertise and experience with similar restoration and
community education projects in the Yakima River Basin and is extending outreach to the
lower Yakima and it’s confluence with Columbia river including the Army Corp of
Engineers sponsored Yakima River Delta 1135 Environmental Restoration Project
directly across from the Chiawana Park project area.
WHEREAS, Futurewise’s Tri-Cities program promotes and encourage policies and
practices that minimize the impact of development on natural resources including;
stormwater pollution prevention and other resource conservation practices.
WHEREAS, USACE is advising the project on the role of the federal government
for their Columbia River shoreline management program that provides recreation
opportunities, while protecting fish and wildlife habitat, cultural resources, and the natural
environment.
WHEREAS, The City of Pasco is the lessee of the Chiawana Park property and
necessary federal permit applications for the planting project must come from the lessee.
WHEREAS, The Confederated Tribes of the Umatilla Indian Reservation (CTUIR)
is advising the project team on the historical and cultural significance of the native, riparian
plants and tribal treaty rights.
Page 5 of 68
Page 2 of 3
WHEREAS, the project outlined within this Memorandum of Understanding,
including the roles and responsibilities of each party as outlined in Exhibit A (attached
hereto) will have a term of two (2) years beginning from date of execution of this MOU,
and
WHEREAS, either party can terminate this agreement with expressed, written
notice given no more than thirty (30) days in advance.
Signed this ______ day of November 2020.
CITY OF PASCO: MID-COLUMBIA FISHERIES:
___________________________ __________________________
N. Zach Ratkai, Administrative &
Community Services Director
Page 6 of 68
Page 3 of 3
EXHIBIT A
Roles and Responsibilities
Futurewise will:
1. Provide funding from the Rose Foundation to purchase materials and cover the
costs of the permit fees.
2. Coordinate with community partners on the project design and implementation,
including the USACE, WDFW, local tribes, and other community stakeholders.
3. Purchase supplies and plants, install plants and fencing and develop educational
materials, recruit and coordination with volunteers in support of the project.
4. Provide Spanish language educational materials and translation services.
5. Prepare the USACE permit application for the City of Pasco to submit to the
USACE.
6. Send a postcard to residents adjacent to the park informing them about the project
and the benefits of backyard buffers and riparian habitat.
7. Notify nearby schools of the project and educational opportunities for guided, or
self-directed, field trips.
8. Host a one-day “Good Buffers Make Good Neighbors” event in the park on or near
the time of plating to showcase the project and the importance of riparian
restoration efforts.
The City will:
1. Submit the application to the Army Corp of Engineers on behalf of the project.
2. The City will advise and sign-off on the written communications to the surrounding
neighborhood and any marketing materials about community events.
3. Allow access to the park for planning and planting of the riparian demonstration
site and a community event.
4. Work with Futurewise to develop a maintenance plan including, irrigation of the
site and training staff on plant maintenance to help ensure success of project.
Page 7 of 68
AGENDA REPORT
FOR: City Council October 28, 2020
TO: Dave Zabell, City Manager Remote Workshop Meeting:
11/9/20
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: Ordinance - Amend PMC 6.05.010 Definitions - Potentially Dangerous Animal
I. REFERENCE(S):
Draft Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None Identified
IV. HISTORY AND FACTS BRIEF:
Through a community effort, as well as discussion and direction provided by City
Council at their most recent retreat, Council has instructed staff to facilitate a process
by which Council may consider the retention, amendment, or removal of references to
specific dog breeds currently listed within Section 6.05.010 of the Pasco Municipal
Code (PMC).
Most recently, Council enacted a minor revision to the aforementioned PMC sections
as a matter of consistency to the Revised Code of Washington (RCW) on November
25, 2019. In short, aforementioned amendment provided an additional alternative
means by which pet owners of potentially dangerous breeds can test their animals in
order to meet eligibility requirements for licensing and residency within the City limits.
While this action was to ensure compliance with the associated RCW, Council opened
up the floor for comments from the community in attendance at the aforementioned
meeting. The majority of those members of the public speaking to the issue that
evening alluded to a preference to remove all breed specific references within the
PMC. State imposed COVID-19 pandemic limitations on public meetings to items
Page 8 of 68
"necessary and routine" precluded discussion of this topic previously. Once this
limitation was relaxed, subsequent conversation by Council at their goal setting retreat,
which for the same reason had been delayed until September, indicated a desire to take
up the issue of breed specific language in Title 6 prior to the end of the year.
V. DISCUSSION:
Breed specific laws, particularly with respect to pit-bulls is a nationally discussed
issue. Further, there have been some recent policy changes in other cities in the region
which has led the desire of some community members that Pasco also reconsider the
matter.
Currently, the PMC lists specific breeds as being potentially dangerous, but allows said
breeds to be possessed by Pasco residents if they are able to pass a "Canine Good
Citizen" test through the American Kennel Club (AKC) or equivalent organization.
Passage of this test is valid for two (2) years as stipulated within Sec. 6.05.330(6) of
the PMC. As written, this section allows for potentially dangerous dogs to reside in
Pasco, with an added measure of accountability for good behavior leading to a
reduction in dangerous dog bites, or severe veterinary and medical incidents to other
people or animals. Community members opposed to this section of the PMC have
expressed concern that while not an outright ban on potentially dangerous breeds, the
provisions create an excessive burden upon the owners of these animals through
additional process and cost, as well as potentially hinder adoptions of certain breeds,
thus contributing to over-population or long-term residency of certain dogs in public
animal shelters.
To initiate the policy discussion, staff has prepared for Council's consideration an
amended ordinance which removes language specifying individual dog breeds within
the definition of "Potentially Dangerous Animals" more specifically referenced within
Sec. 6.05.010 Definition of Terms. The amendment retains provisions pertaining to
the enforcement for potentially dangerous animals and associated penalties. The
amendment is focused on the removal of any reference to specific breeds within the
ordinance:
Sec. 6.05.010 Definition of Terms
“Potentially dangerous animal” means any animal that when unprovoked: (a)
inflicts injury on a human or a domestic animal or livestock, or (b) chases or
approaches a person upon the streets, sidewalks, any public grounds, or upon
private property other than that of the animal’s owner, in a menacing fashion or
apparent attitude of attack, or (c) has a known propensity, tendency, or disposition
to attack, or to cause injury or otherwise to threaten the safety of humans or
domestic animals, or (d) is a Pit Bull Terrier, which means any American Pit Bull
Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog
or any mixed breed of dog that contains as an element of its breeding the breed of
American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire
Terrier so as to be identifiable as partially of the breed American Pit Bull Terrier,
Page 9 of 68
Staffordshire Bull Terrier, or American Staffordshire Terrier.
There is a long history surrounding the appropriateness of breed specific language
which has been considered multiple times by the Pasco City Council, resulting in
the language being retained. While the existence of breed specific language is
clearly controversial among the community members providing input to the City
Council last November and correspondence since, there likely are community
members relying on the continuation of the language.
During the most recent City Council discussion on this issue, some members were
clear that they are ready to consider the code amendment presently. Staff would
appreciate clear direction from the full Council as to any additional considerations
relating to public notification or involvement the Council desires as part of their
consideration of this matter, or information Council would like to have made
available to them for reference.
Page 10 of 68
Ordinance – Amend PMC 6.05.010 - 1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE SECTION 6.05.010
“DEFINITION OF TERMS”
WHEREAS, with a review of the provisions of the Animal Control Sections of the Pasco
Municipal Code, including consideration of the provisions of the newly enacted RCW 16.08.110,
it is appropriate to amend and update certain sections of Chapter 6.05 PMC. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 6.05.010, entitled “Definition terms” of the Pasco Municipal
Code, shall be and hereby is amended to read as follows:
6.05.010 Definition of terms.
As used in this chapter, unless the context indicates otherwise:
“Abandon” means the knowing or reckless desertion of an animal by its owner or the causing of
the animal to be deserted by its owner, in any place, without making provisions for the animal’s
adequate care. An animal left without adequate care for three or more days shall be prima facie
evidence that the animal has been abandoned.
“Animal” includes, but is not limited to dogs and cats.
“Animal Control Authority” means the joint power authority formed by interlocal agreement of
the cities of Richland, Pasco and Kennewick, to implement and provide animal control and
sheltering services within the respective cities.
“Animal Control Officer” refers to that person employed by or under contract to the Animal
Control Authority to enforce the provisions of this title.
“At Heel” means that the dog is positioned and controlled in such a manner so as to remain within
a distance of two feet from its owner or other competent person having charge of such dog.
“At large” means off the premises of the owner or upon the public streets, alleys, public grounds,
school grounds or parks within the City. A dog shall not be deemed at large if:
(a) It is attached to a leash or chain of sufficient strength to restrain the dog and not
more than eight feet in length, when said leash or chain is held by a person competent to
restrain and control the dog off the owner’s premises;
(b) It is properly restrained within a motor vehicle or housed in a veterinary hospital;
Page 11 of 68
Ordinance – Amend PMC 6.05.010 - 2
(c) It is accompanied by and at heel beside the owner or a competent responsible
person;
(d) The dog or dogs are left unattended on the owner’s premises, and it or they shall be
so confined, tied or restrained as to be unable to range beyond the owner’s premises.
“Cat” means and includes female, spayed female, male and neutered male cats.
“Commercial kennel” means any lot, premises, building or structure where four or more dogs or
four or more cats over six months of age are kept.
“Competent person” means any person who, by reason of age, physical ability, and training, is
capable of maintaining control of an animal to the extent required by this chapter.
“Dangerous animal” means any animal that (a) has inflicted severe injury on a human being
without provocation, (b) has killed a domestic or livestock animal without provocation, or (c) has
been previously found to be potentially dangerous, the owner having received notice of such and
the animal again aggressively bites, attacks, or endangers the safety of humans or domestic
animals.
“Dog” means and includes female, spayed female, male and neutered male dogs. For the purpose
hereof, "dog" means a domesticated member of the family canidae, specifically species Canus
lupus familiaris, and excludes nondomesticated members of the family canidae and any hybrids
thereof, including but not limited to wolves, coyotes, wolf-dog hybrids, and coyote-dog hybrids.
“Domestic animal” means a tame animal in the house or home, or on the property, living with or
used by people for companionship, work, and/or a food source.
“Health Officer” includes any person designated as such by the Benton-Franklin district health
office, or any other person designated as such by the City Council.
“Livestock” includes, but is not limited to, horses, mules, cattle, sheep, swine, goats and fowl kept
or raised on a farm, ranch, or other spread of land, which are raised for home use, profit, or hobby.
“Owner” means any person, firm, corporation, organization, or department possessing, harboring,
keeping, having an interest in, or having control or custody of an animal for three consecutive days
or more. An animal is deemed to be harbored if it is fed or sheltered for three consecutive days or
more and knowingly permitted to remain on the premises occupied by that person. If the owner of
the animal is a juvenile, a parent or other custodian of such juvenile shall for the purposes of this
chapter be treated as the owner of the animal.
“Person” includes any person, firm, organization, partnership, corporation, trust or association of
persons.
Page 12 of 68
Ordinance – Amend PMC 6.05.010 - 3
“Potentially dangerous animal” means any animal that when unprovoked: (a) inflicts injury on a
human or a domestic animal or livestock, or (b) chases or approaches a person upon the streets,
sidewalks, any public grounds, or upon private property other than that of the animal’s owner, in
a menacing fashion or apparent attitude of attack, or (c) has a known propensity, tendency, or
disposition to attack, or to cause injury or otherwise to threaten the safety of humans or domestic
animals. , or (d) is a Pit Bull Terrier, which means any American Pit Bull Terrier, Staffordshire
Bull Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog that contains
as an element of its breeding the breed of American Pit Bull Terrier, Staffordshire Bull Terrier, or
American Staffordshire Terrier so as to be identifiable as partially of the breed American Pit Bull
Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier.
“Poundmaster” means the chief officer appointed by the Animal Control Authority for the
enforcement of animal control laws and regulations. The Poundmaster may include or employ
Animal Control Officer(s) and/or a Chief Animal Control Officer.
“Proper enclosure” means, while on the owner’s property, a dangerous or potentially dangerous
animal shall be securely confined indoors or in an outside enclosed and locked pen or structure,
resistant to tunneling, suitable to prevent the entry of young children and designed to prevent the
animal from escaping. Such pen or structure shall have secure sides not less than five feet high and
a secure top, and shall provide protection from the elements for the animal. The requirement for a
secure top on the enclosure may be waived by the Poundmaster upon showing that it is
unnecessary. This section shall not apply to guard dogs or watchdogs utilized to secure premises
enclosed by a fence or wall, not less than five feet high and resistant to tunneling, located within
an industrial or commercial zone, and engaged in a commercial business.
“Severe injury” means any physical injury that results in death, broken bones or disfiguring
lacerations requiring one or more sutures or cosmetic surgery.
“Veterinary hospital” means a public establishment regularly maintained and operated by a
licensed veterinarian for the diagnosis and treatment of disease and injuries of animals.
“Welfare check” means tending to the well-being of an animal.
Whenever a type or breed of animal is described in this chapter, it includes any hybrid, crossbreed
or mixed breed of such animal to any degree that the type or breed can be identified by either the
animal’s appearance, behavior or pedigree.
Whenever a power is granted to, or a duty is imposed upon, the Poundmaster or Chief Animal
Control Officer or other public officer, the power may be exercised or the duty performed by an
agent of the officer or by any person duly authorized unless this chapter expressly provides
otherwise.
All other words and phrases used in this chapter will have their commonly accepted meanings.
[Ord. 4475, 2019; Ord. 3870, 2008; Ord. 3756 § 1, 2006; Ord. 3723 § 1, 2005; Ord. 3714 § 1,
2005; Ord. 3326 § 1, 1998; Code 1970 § 8.02.010.]
Page 13 of 68
Ordinance – Amend PMC 6.05.010 - 4
Section 2. This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this ____ day of _______________, 2020.
_____________________________
Saul Martinez, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 14 of 68
AGENDA REPORT
FOR: City Council October 27, 2020
TO: Dave Zabell, City Manager Remote Workshop Meeting:
11/9/20
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: Fireworks Display Discussion
I. REFERENCE(S):
Governor Inslee's Safe Start Washington
Fireworks Show Contract
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Option 1 - Hold the Fireworks show on December 31 = Spend amount budgeted in
2020 ($40,200 including traffic control and advertising)
Option 2 - Postpone the Packaged 2020 Fireworks Show to 2021 = Forfeit $7,000
deposit, apply the remaining $33,200 of 2020 budgeted expense for this event to the
$40,200 total cost for 2021.
IV. HISTORY AND FACTS BRIEF:
The Grand Old 4th of July Fireworks Show usually takes place at GESA Stadium at
10:00 PM after a day filled with other events. The show draws 1,500 - 3,000 people
inside the stadium and then another approximately 5,000 people in the surrounding
fields and parking lots, including the T-CYSA soccer fields, the Pasco Sporting
Complex softball fields, GESA Stadium and HAPO Center parking lots.
Due to COVID-19 restrictions, Pasco's Grand Old 4th of July 2020 Celebration was
significantly modified, including the postponement of the contracted fireworks show
with Western Display Fireworks. At the time the event was postponed, little was
known about the future in regards to COVID-19 and how long gathering restrictions
would be in place. The hope was that the effects of the pandemic would subside,
Page 15 of 68
restrictions would be lifted, and the show could be held in a somewhat normal fashion
later in 2020.
Currently, Franklin County is in Phase 2 of Safe Start Washington reopening plan,
which still has many of the same gathering restrictions the City had last summer. No
large gatherings are permitted; social distancing and mask recommendations are still in
place. Forms of gatherings permitted include drive-in style entertainment events, such
as the Drive-In Movies and the Water Follies Drive-In Air show. Under these
guidelines, attendees must remain in their vehicles, except for a direct trip to and from
the restroom.
V. DISCUSSION:
Staff has identified the following options for a fireworks display:
Option 1 - Hold the Fireworks show on December 31.
• Follow Drive-in event guidelines
• Show prepped and packaged, ready for transport
• Analysis would need to be done to choose best location for shoot and viewing
• Venue would need to accommodate large number of cars
• Winter weather (rain, fog, snow, freezing temps) may affect the ability to shoot
and view the show
• Viewers would need to be in their vehicles 30 minutes to 1 1/2 hrs including
waiting for, watching and exiting the show
• Cost of $40,200 (including traffic control/Advertising) - Budgeted in 2020
Option 2 - Postpone the Packaged 2020 Fireworks Show to 2021
• Forfeit $7,000 deposit
• Amend vendor contract for a 2021 July 4 event.
Because of the limitations and uncertainties of of Option 1, related to the pandemic and
nature, staff is of the opinion that the value of such a display would be quite limited.
Accordingly, staff recommends Option 2, postpone the packaged 2020 show to July 4
of 2021, forfeit the $7,000 deposit from 2020, and pay the $28,000 for the show in
2021 ($40,200 including traffic control & advertising).
Given the discussions earlier centered around the July 4 event and the fact a fireworks
display of this magnitude is indicative of a major city-sponsored community event,
staff is seeking consensus from Council on how to proceed.
Page 16 of 68
Safe Start
Washington
A Phased Approach to Recovery
ISSUED BY THE OFFICE OF THE GOVERNOR | MAY 4, 2020Page 17 of 68
1 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY
Safe Start Washington
Governor Jay Inslee
Governor Jay Inslee, in collaboration with the Washington State Department of Health, has
established a data-driven approach to reopen Washington and modify physical distancing
measures while minimizing the health impacts of COVID-19.
This approach reduces the risk of COVID-19 to Washington’s most vulnerable populations and
preserves capacity in our health care system, while safely opening up businesses and resuming
gatherings, travel, shopping, and recreation. The plan involves assessing COVID-19 activity in the
state along with health care system readiness, testing capacity and availability, case and contact
investigations, and ability to protect high-risk populations.
LOW RISK HIGH RISK
COVID-19 Disease Activity
COVID-19 DISEASE ACTIVITY
Before reopening Washington and modifying physical distancing measures, COVID-19 disease burden must
be low and decreasing as measured by:
• Number and trend of COVID-19 cases, hospitalizations and deaths in Washington State
• Modeling data, including Institute for Disease Modeling on Puget Sound area rates of COVID-19 spread,
University of Washington Institute for Health Metrics and Evaluation modeling, and Youyang Gu modeling
• Mobility trends in Washington State, including WSDOT traffic data and Google Mobility Data
READINESS AND CAPABILITIES NEEDED
The Department of Health and local public health officials will monitor data to assess our state’s readiness
for safely reopening and modifying physical distancing measures. In addition to a low and decreasing
disease burden, readiness must be achieved in four key areas to proceed from where we are now in the
“Stay Home, Stay Healthy” order (Phase I) to Phase II, III and IV of the plan. The four key areas include
healthcare system readiness, testing capacity and availability, case and contact investigations, and ability
to protect high-risk populations. The overall goals for each area, along with the pertinent data that will be
considered, are detailed below.Page 18 of 68
2 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY
1. Health Care System Readiness
Adequate bed capacity, staffing and supplies in the health care system to handle a surge in COVID-19 cases,
measured by:
• Number and percentage of licensed beds and ICU beds available in hospitals
• Number of available ventilators
• Days of personal protective equipment (PPE) supply available at hospitals, long-term care facilities,
and other health care settings
• Ability of the state to fill high priority PPE requests from local emergency management agencies
• Ability of hospitals and other health care facilities to surge and coordinate movement of patients
2. Testing Capacity and Availability
Ability for everyone with COVID-19 symptoms and those with high-risk exposures to be tested immediately
using a polymerase chain reaction (PCR) test and rapidly receive test results as measured by:
• Geographic distribution of testing sites and ability to serve the entire population
• Number and capacity of laboratories in Washington performing COVID-19 testing
• Availability of sufficient swabs, viral transport media, lab reagents, and other materials required for
COVID-19 testing
• Number of tests performed per day
3. Case and Contact Investigations
Ability to rapidly isolate those with COVID-19, identify and quarantine their contacts, and provide case
management services as measured by:
• Number of investigators trained and working
• Plans for case management
• Availability of isolation and quarantine facilities in local jurisdictions
• Percent of cases investigated within 24 hours of receipt of positive test report
• Percent of contact investigations initiated within 48 hours of receipt of positive test report
LOW RISK HIGH RISK
Health Care System Readiness
LOW RISK HIGH RISK
Testing Capacity and Availability
LOW RISK HIGH RISK
Case and Contact Investigations
Page 19 of 68
3 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY
4. Ability to Protect High-Risk Populations
Ability to immediately respond to outbreaks in congregate settings, such as long-term care facilities,
behavioral health facilities, agricultural worker housing, homeless shelters and correctional facilities, and
address the needs of other high-risk populations, including the elderly and the medically frail, measured by:
• Number of outbreaks in long-term care facilities
• Demographic data, including race/ethnicity data, on COVID-19 cases, hospitalizations and deaths
• Ability of local or state strike teams with adequate PPE to respond to an outbreak within 24 hours
ALL INDIVIDUALS AND BUSINESSES
Until there is an effective vaccine, effective treatment or herd immunity, it is crucial to maintain some level of
community interventions to suppress the spread of COVID-19 throughout all phases of recovery. This includes
heightened protections for the health and safety of workers in essential sectors, people living and working in
high-risk facilities (e.g., senior care facilities) and all other workers.
All Washingtonians have a responsibility to protect themselves and others. Each phase, while allowing for
additional services to open and return to full capacity, is grounded in the following required basic practices:
Guidance for Individuals
All phases – Individuals should continue to:
• Engage in physical distancing, staying at least six feet away from other people
• Wear cloth face coverings in public places when not eating or drinking (cloth face coverings should not
be placed on children younger than 2 years of age, anyone who has trouble breathing, or is unconscious,
incapacitated or otherwise unable to remove the cover without assistance)
• Stay home if sick
• Avoid others who are sick
• Wash hands frequently with soap and water (use hand sanitizer if soap and water are not available)
• Cover coughs and sneezes
• Avoid touching eyes, nose and mouth with unwashed hands
• Disinfect surfaces and objects regularly
LOW RISK HIGH RISK
Risk to Vulnerable Populations
Page 20 of 68
4 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY
Requirements for All Employers
All phases – Employers are required to:
• Maintain the six-foot physical distancing requirements for employees and patrons. Adopt other
prevention measures such as barriers to block sneezes and coughs when physical distancing is not
possible for a particular job task.
• Provide services while limiting close interactions with patrons.
• Provide adequate sanitation and personal hygiene for workers, vendors and patrons. Ensure employees
have access to hand washing facilities so they can wash their hands frequently with soap and
running water.
• Ensure frequent cleaning and disinfection of the business, particularly of high-touch surfaces.
• Identify personal protective equipment (PPE) and cloth facial coverings in accordance with L&I
requirements on facial coverings and industry specific COVID-19 standards. Provide the necessary PPE and
supplies to employees.
• Identify strategies for addressing ill employees, which should include requiring COVID-19 positive
employees to stay at home while infectious, and potentially restricting employees who were directly
exposed to the COVID-19 positive employee. Follow CDC cleaning guidelines to deep clean after reports
of an employee with suspected or confirmed COVID-19 illness. This may involve the closure of the business
until the location can be properly disinfected.
• Educate employees about COVID-19 in a language they best understand. The education should include
the signs, symptoms and risk factors associated with COVID-19 and how to prevent its spread.
• On a case-by-case basis, as directed by federal, state and local public health and workplace safety officials,
implement other practices appropriate for specific types of businesses, such as screening of employees
for illness and exposures upon work entry, requiring non-cash transactions, etc.
• Follow requirements in Governor Inslee’s Proclamation 20-46 High-Risk Employees – Workers’ Rights.
• Keep a safe and healthy facility in accordance with state and federal law, and comply with COVID-19
worksite-specific safety practices, as outlined in Governor Inslee’s “Stay Home, Stay Healthy” Proclamation
20-25, and in accordance with the Washington State Department of Labor & Industries General
Coronavirus Prevention Under Stay Home, Stay Healthy Order and the Washington State Department of
Health Workplace and Employer Resources & Recommendations.
• Challenge Seattle and the Washington Roundtable have developed a business checklist which is a
great starting point for businesses as they prepare for a Safe Start. Our shared goal is to establish clear
requirements that everyone can understand and apply — employers, workers and customers.
Businesses are also expected to implement any additional requirements developed specifically for their
industry, such as those that have been established for construction.Page 21 of 68
5 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY
PHASED APPROACH TO REOPENING WASHINGTON AND MODIFYING PHYSICAL DISTANCING MEASURES
Phase I of reopening Washington begins on May 5, 2020. When COVID-19 disease burden is low and
decreasing and the four above capabilities are met, the Governor will issue an order for the state to move
into future phases. The state will stay in every phase for a minimum of three weeks. During that time, the
Department of Health and the Governor will re-evaluate the above indicators and determine if the state
should remain in the current phase, advance to the next phase or return to the previous phase. No phase
will last less than three weeks before moving to the next phase, in order to allow one complete disease
incubation period plus an additional week to compile complete data and confirm trends.
The following table shows the phased approach for reopening businesses and resuming activities not
authorized under Proclamation 20-25. This phased approach may be adjusted as the pandemic evolves.
The industries listed are not an exclusive or exhaustive list of industries. Businesses listed in each phase of
the plan will have industry-specific guidance and safety criteria developed to ensure workplace safety and
public health are maintained. Those business activities are not authorized to open until the industry-specific
guidance and safety criteria are issued.
A number of different factors were considered when deciding which activities could be resumed and which
businesses could be reopened in various phases. These factors included:
• Risk of disease spread during the individual or business activity
• Number of people who could potentially be infected during the individual or business activity
• Economic benefits to opening the business
• Individual benefits to opening the business
Additional plans for a phased approach to restarting health care and educational activities are under
development.
Families are adjusting to a new way of life, and we understand the impacts this is having on them. The
connection between education, childcare, youth sports, summer programs and extracurricular activities is
critical and must be viewed from a holistic lens to ensure equity and high quality of life. As we prepare for
what the reopening of school looks like, we will be working closely with the Department of Health, Office
of the Superintendent for Public Instruction, Department of Children, Youth and Families, and parents to
release plans in the future.
While childcare is currently an essential business activity and a key component to the reopening plan,
we know there is more to do. The state will continue efforts to ensure adequate access and affordability
for families.Page 22 of 68
6 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY
* High-risk populations are currently dened by CDC as: persons 65 years of age and older; people of all ages with underlying medical conditions (particularly not well controlled), including people with chronic lung disease or moderate to severe asthma, people who have serious heart conditions, people who are immunocompromised, people with severe obesity, people with diabetes, people with chronic kidney disease undergoing dialysis, and people with liver disease; people who live in a nursing home or long-term care facility.
Phase 1 Phase 2 Phase 3 Phase 4
WASHINGTON’S PHASED APPROACH
Modifying Physical Distancing Measures as we Reopen the State
High-RiskPopulations*
Recreation
Travel
Business/Employers
Gatherings
(social, spiritual)
Continue to Stay Home, Stay Healthy
Some outdoor recreation (hunting, shing, golf, boating, hiking)
- None- Drive-in spiritual service with one household per vehicle
Essential travel and limited non-essential travel for Phase I permissible activities Essential travel and limited non-essential travel for Phase I & II permissible activities Resume non-essential travel Continue non-essential travel
Gather with no more than 5 people outside your household per week Allow gatherings with no more than50 people Allow gatherings with >50 people
Outdoor recreation involving 5 or fewer people outside your household (camping, beaches, etc.)
- Outdoor group rec. sports activities (50 or fewer people)- Recreational facilities at <50% capacity (gyms, public pools, etc.)- Professional sports without audience participation (horseracing, baseball, etc.)Resume all recreational activity
Continue to Stay Home, Stay Healthy Continue to Stay Home, Stay Healthy Resume public interactions, with physical distancing
- Remaining manufacturing- Additional construction phases- In-home/domestic services (nannies, housecleaning, etc.)- Retail (in-store purchases allowed with restrictions)- Real estate- Professional services/oce-based businesses (telework remains strongly encouraged)- Hair and nail salons/barbers- Pet grooming- Restaurants/taverns <50% capacity table size no larger than 5 (no bar-area seating)
- Restaurants/taverns <75% capacity/ table size no larger than 10- Bar areas in restaurant/taverns at <25% capacity- Movie theaters at <50% capacity- Customer-facing government services (telework remains strongly encouraged)- Libraries- Museums - All other business activities not yet listed except for nightclubs and events with greater than 50 people
- Essential businesses open - Existing construction that meets agreed upon criteria- Landscaping- Auto/RV/boat/ORV sales- Retail (curb-side pick-up orders only)- Car washes- Pet walkers
- Nightclubs- Concert venues- Large sporting events- Resume unrestricted stang of worksites, but continue to practice physical distancing and good hygiene
2 3 41
INDIVIDUALS AND BUSINESSES SHOULD FOLLOW ALL REQUIREMENTS LISTED ABOVE DURING ALL PHASES
Page 23 of 68
7 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY
COUNTY VARIANCE REQUESTS
The Department of Health recognizes that there are currently some small counties with a population of less
than 75,000 that have not identified a resident with COVID-19 for the past three weeks. These counties have
the opportunity to apply for a variance to move to Phase II of this plan before the rest of the state. To apply
for a variance, the local jurisdiction must follow the below process and submit the following materials to the
Department of Health. County variance applications will be approved or denied by the Secretary of Health.
1. The process must adhere to the following steps:
a. The local public health officer must submit a signed recommendation to the local board of health with
one of the following recommendations: not request a variance and stay in Phase I, request a variance
to include all of the Phase II modifications above, or request a variance to include a subset of
Phase II modifications.
b. The local board of health, if they choose to move forward with a variance request, must vote on
such a request.
c. The local hospital(s) must submit a letter certifying that they have adequate bed capacity to serve their
community and adequate PPE supplies to keep their workers safe.
d. The county commission/council must request to move to Phase II (or a subset of Phase II) of the plan.
2. The county commissioner must submit a letter requesting a variance, the letter from the local hospital
certifying they have adequate bed capacity to serve their community and adequate PPE supplies to
keep their workers safe, and a document that includes the following information to the Department
of Health:
a. Plans to make COVID-19 testing available and accessible to everyone in the county with symptoms
consistent with COVID-19.
b. The number of tests performed by week over the past three weeks.
c. The number of people trained and ready to perform case investigations and contact tracing.
d. Plans to house people in isolation or quarantine who do not have a home or wish to isolate or
quarantine themselves outside of their home.
e. Plans to provide case management services to cases and contacts in isolation and quarantine.
f. Plans to rapidly respond to outbreaks in congregate settings.Page 24 of 68
8 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY
3. Included with this application are documents demonstrating approvals and endorsements for all of
the following:
a. The local public health officers’ recommendation to the Board of Health.
b. Documentation of the vote of the Board of Health, including the motion and the vote totals.
c. Letters from all hospitals used by the county certifying their bed capacity for COVID-19 patients and
PPE supplies.
d. Documentation of the vote of the county commission, including the vote totals.
In the next two weeks, the Department of Health and Governor Inslee will consider additional criteria which
could include cases per capita for allowing other counties to apply for a variance. Local jurisdictions will be
allowed to partially implement a phase.Page 25 of 68
Page 26 of 68
Page 27 of 68
Page 28 of 68
Page 29 of 68
2 Ac P43’lt»6?".E.
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Western Display Fireworks,Ltd.
Mo
By:HeatherJ.Gobet
Its:President
Date:—-"
PAGE5
The pricing and product offered in the Proposal shall remain firm if this Agreement is mutually executed by
both Parties on or before November 29,2019.
D5>3n_m_aZw_m:mm_\_
Page 30 of 68
City of Pasco
Grand Old Fourth
July 4,2020
PYROTECHNIC EXCELLENCE S|NCE1948 P.O.Box 932 Canby Oregon 97013 503.656.1999 westemdispIay.comPage 31 of 68
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Page 32 of 68
anby -Oregon 97013 ~office 5035561999 -fax 5036 6628 .inf wt}wesIemd1sp|ay.:;om
LT
SHOW SCRIPT
Pasco,City of
P.O.Box 293
Pasco,WA 99301 USA
Event Date:7/4/2020
Proposal #:20-6466
Show Name:Grand Old 4th -Pasco
Quantity Description
1 SHOW OPENER
2 2.5"(36 Shot)Twinkling Kamuro /Green Strobe /Blue Crackling Flower
9 3"Green to Silver Strobe
6 4"Green to Blue to Silver Peony
3 5"Green Twinkling Crown w/Twinkling Crown Tail
1 MAINSHOW
1 THREE INCH SHELLS
1 3"(72)Sunny Assortment Package V25
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
3"
Red &Green Tip w/Silver Coconut (2ea)
Red Tip w/Silver Strobe Willow (2ea)
Red to Popping Flower (2ea)
Green to Popping Flower (2ea)
Gold Spider(2ea)
Charcoal Chrysanthemum to Red Ring w/Popping Flower Pistil (ea)
Red Tip w/Charcoal Willow (2ea)
Variegated Shiny Peony (2ea)
Lemon &Purple Peony (2ea)
Glitter Silver to Red Chrysanthemum (2ea)
Charcoal Crackling Chrysanthemum &Red 2ea)
Red Tip w/Yellow Strobe Willow (2ea)
Red Peony w/Silver Palm (2ea)
Silver Wave to Blue Chrysanthemum (2ea)
White Strobe &Gold Brocade Ring (2ea)
Orange Peony Series (2ea)
Red to Green Peony (2ea)
Purple Peony w/Glitter Palm Core (2ea)
Green Glittering Tail (2ea)
Blue Chrysanthemum (2ea)
Yellow Chrysanthemum Shell (2ea)
White Twinkling Kamuro (2ea)
Silver Coconut (2ea)
Red Strobe Willow (2ea)
Silver Strobe (2ea)
Blue &Spangle (2ea)
Blue Tip w/Charcoal Crackling Chrysanthemum (2ea)
Gold Tip Willow (2ea)
Red Crossette Series (2ea)
Green Palm Tree (2ea)
Red to Silver Strobe (2ea)
Green to Silver Strobe (2ea)
Blue Tip w/Red Strobe Willow (2ea)
White Strobe &Red Ring (2ea)
Red Dahlia (2ea)
Charcoal Willow (2ea)
Page 33 of 68
DD.box 932 .x:anl7\,I-Oregon 97013 .office 5036561999 -fax 503.656.6628 -mfog westerndnsplaycom
FIREWOR
KSSHOWSCRIPT
Proposal #2 20-6466
Quantit Description
1 3"(72)Sunny Assortment Package C 2019 (6 each)
3"Crackling Chrysanthemum &Red
3"Purple to Green Glitter
3"Lemon 8.Purple Peony w/Tail
3"Gold Wave to Purple Chrysanthemum
3"Green Palm Tree
3"Red to Silver Peony
3"Purple &Blue Peony w/Tail
3"Orange to Blue Peony
3"Variegated Color w/Tail
3"Silver Glitter w/Silver Tail
3"Variegated Color w/Tail
3"Variegated Shiny Peony
1 FOUR INCH SHELLS
1 4"(36)Crown Assorted Shells-A w/Tail (18 Effects 2 ea)
4"Blue Chrys w/Red Tail (2 ea)
4"Blue to White Strobe Peony wl Silver Tail (2 ea)
4"Brocade Crown w/Strobe Pistil w/Silver Tail (2 ea)
4"Crackling Willow wl Green Tail (2 ea)
4"Diadem Chrys.to Strobing w/Green Tail (2 ea)
4"Glittering Color w/Blue Tail (2 ea)
4"Glittering White w/Red Pistil w/Silver Tail (2 ea)
4"Golden Peony w/Crackling Pistil w/Red Tail (2 ea)
4"Golden Wave to Green wl Silver Tail (2 ea)
4"Green Chrys.w/Crackling Core w/Blue Tail (2ea)
4"Green Peony w/Coconut Tree Pistil w/Red Tail (2ea)
4"Purple Chrys.w/Red Flower Core w/Blue Tail (2 ea)
4"Purple to Golden Peony wl Red Tail (2 ea)
4"Red Chrys.w/Golden Palm Tree Core w/Blue Tail (2 ea)
4"Silver Wave to Blue w/Blue Tail (2 ea)
4"Variegated Willow w/Green Strobe w/Green Tail (2 ea)
4"White Twinkling Chrys w/Blue Tail (2 ea)
4"Yellow Peony w/Purple Pistil w/Red Tail (2 ea)
Page 34 of 68
p.o.box 932 -canby -oregon 97013 -om:-.>503.656.1999 .fax 503 6566628 -mm;Nr:sternd4sD|ay.Com
WESTERNDISPLAY LTFIREWOR
SHOW SCRIPT
Proposal #:20-6466
Quanti Description
1 4"(36)Sunny Assortment Package C 2020 (2 Each)
4"Red Glitter w/Tail
4"Green to Silver Peony w/Tail
4"Orange Glitter Tail w/Tail
4"Lemon Peony w/Tail
4"Silver Strobe w/Tail
4"Purple Tail Peony wl Tail
4"Variegated Color w/Tail
4"Golden Wave to Blue Chrysanthemum w/Silver Tail
4"Green Palm Tree w/Tail
4"Silver to Popping Flower w/Tail
4"Green to Gold Strobe w/Tail
4"Purple to Lemon Peony
4"Super Yellow glitter Trail wl Tail
4"Glitter Silver to Red Chrysanthemum w/Tail
4"Variegated Color wl Tail
4"Yellow Glitter
4"Red to Popping Flower
4"Variegated Color w/Tail
1 4"(36)Sunny Meteor Assortment Package 2020 (2 Each)
4"Red &Green Peony w/Silver Tail
4"Red &Twinkling Kamuro Ring w/Green Tail
4"Brocade to Red w/Red Tail
4"White Strobe Flitter &Blue w/Silver Tail
4"Red &Blue Peony to White Strobe w/Silver Tail
4"Green Glitter w/Green Tail
4"Charcoal Crackling Chrysanthemum &Red Pistil w/Red Tail
4"Variegated Color w/Silver Tail
4"Red Glitter w/Silver Palm w/Silver Tail
4"Orange to Popping Flower w/Silver Tail
4"Green Strobe Glitter &Blue w/Glitter Tail
4"Crackling Willow Flower w/Strobe Pistil &Glitter Tail
4"Gold Gamboge to Purple w/Gold Tail
4"Christmas Dahlia (Assorted Dahlia)w/Silver Tail
4"Lemon &Purple Dahlia w/Silver Tail
4"Red Peony w/Silver Palm &Silver Tail
4"Gold Gamboge to Yellow w/Silver Tail
4"Red Green Dahlia Ring w/Red Tail
1 FIVE INCH SHELLS
Page 35 of 68
p.o.box’932 .canby -Oregon 97013 .office 503,6Sl5J999 -fax 503 656 6628 .II1fO‘5‘WES[E|’F1diSDIay.C0n’1
SHOW SCRIP
Proposal #1 20-6466
Quanti Descri tion
1 5"(16)Crown Assorted Shells-A w/Tail (18 Effects 1 ea)
5"Blue Chrys.w/Thousand Flowers w/Red Tail
5"Blue Chrys.w/Yellow Pistil w/Green Tail
5"Dragon Eggs w/Coconut Tree Pistil w/Blue Tail
5"Glittering Silver to Red w/Crackling Pistil w/Green Tail
5"Golden to Silver Chrys.w/Blue Pistil w/Silver Tail
5"Golden Wave to Purple w/Silver Ring Pistil w/Red Tail
5"Green Chrys.w/Silver Crossette Core w/Silver Tail
5"Green Peony w/Coconut Tree Pistil wl Blue Tail
5"Green to White Flashing Chrys w/Silver Tail
5"Half Purple &Half White Peony w/Blue Tail
5"Purple Chrys.w/Red Pistil w/Green Tail
5"Purple to White Flashing Chrys w/Blue Tail
5"Red to Blue &Crackling Stars w/Red Tail
5"Red to Red Strobe Peony w/Red Tail
5"Red Wave to Small Color Flower w/Blue Tail
5"Silver Chrys.w/Red Pistil w/Green Tail
5"Silver Glittering to Red to Blue Peony w/Silver Tail
5"Silver Wave to Blue to Red w/Blue
1 5"Factory Assortment B RT(18 Effects)
1 5"(18)Sunny Assortment Package V25 (1 Each)
5"Red Peony
5"Yellow Peony
5"Orange Peony
5"Blue Glitter
5"Variegated Glitter
5"Green Dahlia
5"Purple Dahlia
5"Red Crossette
5"Orange Crossette
5"White Chrysanthemum
5"Purple to Super Gold Flitter
5"Glitter Silver to Yellow Chrysanthemum
5"Silver Wave to Blue Chrysanthemum
5"Blue Chrysanthemum to Crackling Flower w/Red Pistil
5"Red to Popping Flower
5"Green to Popping Flower
5"Blue to Red Chrysanthemum
5"4 Color Change Chrysanthemum
1 5"(18)Sunny Assortment Package C 2020 (2 Each)
5"Green &Purple Peony w/Tail
5"Red Gamboge to Red to Green chrysanthemum
5"Crackling Chrysanthemum &Orange w/Silver Tail
5"White Twinkling Kamuro
5"Red Mag Dahlia w/Silver Tail
Aqua Dahlia5|!
5"Variegated Color w/Tail
Silv 'Peony wl Green Pistil
olor wl Tail
Page 36 of 68
p.o.box 932 .canby -DYEQOD 97013 .office 503.656.1999 .fax 503.656.6628 .mfo §u\“.l€'S(E'Fl1dlSD|Ely.CC1m
LTFIREWOR
SHOW SCRIPT
Proposal #:20-6466
Quantity Description
1 MID SHOW VOLLEY SELECTIONS
1 *****MIDSHOW #1
1 1.5"(100 Shot)Fan Shaped Silver to Green Crossette
9 3"Green Crossette
6 4"Silver Crossette
3 5"Silver to Green Crossette
1 *****MID SHOW #2
2 1"(100 Shot)Crackling &Timed Rain Bombard w/Silver Tail
6 3"Twice Crackling Rain
3 4"Pixie Dust Willow w/Stained Glass +Crackling Pistil (Long Duration)
3 5"Pixie Dust Willow w/Twice Crackling Rain Pistil (Long Duration)
1 *****MID SHOW #3
1 2.5"(30 Shot)Fanned Fuchsia Magic Peony /Turquoise Peony /Silver Palm Tree
w/Silver Tail
6 3"Turquoise Peony
6 4"Silver Palm Tree
3 5"Pink Peony
1 *****MID SHOW #4
1 1.1"(100 Shot)Zip Up Rageous (Brocade &Blue)
6 3"Gold Brocade Kamuro
6 4"Gold Brocade Kamuro
3 5"Brocade w/Blue Pistil (Long Duration)
1 *****MID SHOW #5
1 1.6"(70 Shot)Fanned National Celebration —Red,White &Blue 3 Mine w/Gold
Wave Dahlia Bombard
6 3"Pixie Dust Willow w/Red Pistil (Long Duration)
6 4"Pixie Dust Willow w/Blue Pistil (Long Duration)
3 5"Brocade w/White Strobe Pistil (Long Duration)
1 *****MIDSHOW #6
1 2.5"(30 Shot)Fanned Glitter Coconut w/Glitter Tail
9 3"Glitter Coconut
6 4"Glitter Coconut
3 5"Glitter Coconut
2 *****MID SHOW #7
2 1.5"(50 Shot)Red 8.Green Falling Leaves &Blue
9 3"Blue Falling Leaves
6 4"Red Falling Leaves
3 5"Green Crackling Willow Flower w/Green Strobe Pistil
1 *****MID SHOW #8
1 1"(110 Shot)Fanned Double Action Silver Glitter and Purple Comets
9 3"Purple Stained Glass W/No Tail
6 4"Purple Stained Glass w/No Tail
3 5"Silver Kamuro w/Purple Flowers (Long Duration)
1 GRAND FINALE 1
Page 37 of 68
p.o.box 932 V canby -oregon 97013 .office 503.656.1999 .fax 503 656.6623 .I?fowgw.‘/E‘5tGVl1dlSp|ay.COfn
SHOW SCRIPT
Proposal #:20-6466
Quantit Descri tion
2 2.5"(36 Shot)Red Magic Peony /Blue Crackling Flower /Titanium Salute w/Tails
6 4"Red Chrysanthemum to Crackling Flower
6 4"Blue Chrysanthemum to Crackling Flower
3 5"Silver to Crackling
1 GRAND FINALE 2
3 3"(25 Shot)Red Glitter to White Strobe /Blue Popping Flower /Titanium Salute
w/Silver Tail
18 4"3 Color Change Chrysanthemum—Silver to Blue to Red Chrysanthemum
6 5"3 Color Change Chrysanthemum-Silver to Blue to Red Chrysanthemum
1 GRAND FINALE 3
2 3"Ti Salute (Finale Chain of 10)
3 4"(5)Red &Blue &White Strobe Trail /Artillery Titanium w/Silver Tail
2 5"(3)Blue to Silver Diamond w/Red Strobe Pistil w/Silver Tail
2 1"(100 Shot)Instant Fire Hammer Box #6 Twice Crackling Mine &Flash Thunder
w/o Tail
1 MISC SUPPLIES
360 Squibs —J—Tek12 T Shroud 12'lead
10 Squibs -J-Tek12 T Shroud 12'lead
4 20 Minute Fusee w/Handle
30 Match Fuse for Packing -By the Foot
4 1"x 60yd Masking Tape —Roll
2 Foil -Small
6 Safety Glasses
6 Earplugs
Page 38 of 68
Page 39 of 68
W/fr
\V//
FIREWO
RKS
(
Vince Guerrero
City of Pasco
PO Box 293
Pasco,WA 99301
Dear Vince,
LT
Thank you for allowing Western Display Fireworks the opportunity to be part of your upcoming celebration.We are
pleased to present our proposal for the 2020 Pasco Grand Old Fourth ofluly Celebration fireworks display.
Please review the enclosed program and call us if you have any questions or if we can be of further assistance at this
time.If the show is approved as written,please sign the enclosed Display Agreement and Purchase Order and return
to Western by November 29”‘via fax,e-mail or in the envelope provided.This will allow us to proceed with all other
arrangements for your show.
For your 2019 display we included a multi—yeardiscount as a gesture of our commitment to your community,with the
understanding that this discount could be extended by signing a Multi—YearContract Addendum for your 2020 display
.This is an optional discount program that we offer to specially selected customers.It does not obligate you to do a
display or to a particular budget,but does give Western the first right of refusal if you conduct a fireworks display in
the next three years,in exchange for these discounts.The Fireworks Display Proposal Summary details the amount of
complimentary product that is included with this proposal.Please also sign this contract and return a copy in addition
to the 2020 display contract to retain these items in your show.
We appreciate your business and look fon/vard to providing another spectacular fireworks display for your event.
Best Regards,
cfé/
ux?aaiit?Heather Gobet
President
PYROTECHNIC EXCELLENCE SINCE 1948 PO.Box 932 Canby Oregon 97013 503.656.1999 westemdisplaycom
November 6,2019
Page 40 of 68
AGENDA REPORT
FOR: City Council November 3, 2020
TO: Dave Zabell, City Manager Remote Workshop Meeting:
11/9/20
FROM: Dave Zabell, City Manager
Executive
SUBJECT: Resolution - Second Amendment to Interlocal Agreement for Tourism
Promotion Area
I. REFERENCE(S):
Resolution
Exhibit A - Second Amendment for Tourism Promotion Area
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Unknown, dependent on economic recovery of tourism industry
IV. HISTORY AND FACTS BRIEF:
The Cities of Kennewick, Pasco and Richland, as urged by the Visitor and Convention
Bureau in 2004, created the Tri-Cities Regional Hotel/Motel Commission
(Commission) for the purpose of establishing a Tourism Promotion Area (TPA). The
purpose of the TPA is to increase visitor utilization of the hotels and motels in the Tri-
Cities. The promotional expenditures are supported by a special assessment, imposed
by the hotel industry, and were set at a$1.50/night for any of the hotel/motel rooms
included in the TPA program.
On October 17, 2013, the Cities of Kennewick, Pasco and Richland formally approved
an increase in Special Lodging Assessment from $1.50 to $2.00/night (Ordinance No.
4123) and amended the Interlocal Cooperation Agreement for Establishment of Tri-
City Regional Promotion Area to reflect that change.
V. DISCUSSION:
Page 41 of 68
Earlier this year, the Washington Legislature approved an amendment of RCW Chapter
35.101 by adding RCW Section 35.101.057, which allows for an increase in the
Special Lodging Tax Assessment in excess of the prior limit of $2.00/night allowing up
to an additional $3.00/night, upon receipt of signatures of the persons who operate
lodging business and who would pay sixty percent or more of the proposed charges.
The Commission made a proposal to increase the Special Lodging Assessment from
$2.00 to $3.00/night and received the requisite signatures, as well as the proposed uses
and projects to which the proposed revenue from the additional charge shall be put, the
total estimate costs, and the estimated rate for the charge as required by RCW Section
35.101.057.
Council received a briefing on the amendment and increase in the lodging tax
assessment at the October 14, 2020 City Council meeting.
Per the terms of the ILA amendment, approval will obligate the City Council to levy
the $3 per night special lodging assessment on the operators of lodging businesses
within Pasco. Subsequent to approval of the ILA amendment, staff will prepare an
ordinance to codify the new rate.
Page 42 of 68
Resolution – 2nd Amendment to TCRTPA ILA for Levy Increase- 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A
SECOND AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT
FOR ESTABLISHMENT OF TRI-CITY REGIONAL TOURISM PROMOTION
AREA PROVIDING FOR THE INCREASE IN THE LEVY OF THE SPECIAL
LODGING ASSESSMENT ON LODGING BUSINESS WITHIN THE TRI-CITY
REGIONAL TOURISM PROMOTION AREA.
WHEREAS, an Interlocal Cooperation Agreement for Establishment of Tri-City
Regional Promotion Area dated the 1st day of June, 2004, was entered into by and among the
City of Kennewick, the City of Pasco, and the City of Richland, Washington; and
WHERE AS, the Special Lodging Assessment was established in 2004 at $1.50 per night
of stay; and
WHEREAS, in 2013, by Resolution received from the Tri-City Regional Hotel-Motel
Commission, the Commission recommended an increase in the Special Lodging Assessment
from $1.50 to $2.00 per night of stay as permitted by RCW 35.101.050; and
WHEREAS, on October 17, 2013 the City of Kennewick, City of Pasco, and the City of
Richland, formally approved the increase in the Special Lodging Assessment from $1.50 to
$2.00 per day, which has since that time remained unchanged, and in doing so the cities amended
the Interlocal Cooperation Agreement for Establishment of Tri-City Regional Promotion Area to
reflect that change; and
WHEREAS, in 2020, the Washington Legislature approved the amendment of RCW
35.101 by adding RCW 35.101.057 which allows for an increase in the Special Lodging
Assessment in excess of the prior limit of two dollars per night of stay allowing up to an
additional three dollars per night of stay, upon receipt of signatures of the persons who operate
lodging businesses who would pay sixty percent or more of the proposed charges; and
WHEREAS, a proposal was made to increase the Special Lodging Assessment from
$2.00 to $3.00 per day of stay as permitted by RCW 35.101.057 and the Tri-City Regional Hotel-
Motel Commission has received the requisite signatures as well as the proposed uses and projects
to which the proposed revenue from the additional charge shall be put, the total estimated costs,
and the estimated rate for the charge as required by RCW 35.101.057; and
WHEREAS, by Resolution received from the Tri-City Regional Hotel-Motel
Commission, the Commission is recommending an increase in the Special Lodging Assessment
from $2.00 to $3.00 per night of stay as permitted by RCW 35.101.057; and
Page 43 of 68
Resolution – 2nd Amendment to TCRTPA ILA for Levy Increase- 2
WHEREAS, the increase of the Special Lodging Assessment can only be enacted upon
the approval of all of the cities, and amendment of the respective Ordinances establishing the
assessment by a majority plus one of each of the City Councils.
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 second amendment to the Interlocal Agreement between the City of Pasco, City of
Kennewick and City of Richland, 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 November,
2020.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 44 of 68
Second Amendment to
Interlocal Cooperation Agreement - 1
SECOND AMENDMENT TO
INTERLOCAL COOPERATION AGREEMENT
FOR ESTABLISHMENT OF
TRI-CITY REGIONAL TOURISM PROMOTION AREA
PROVIDING FOR THE INCREASE IN THE
LEVY OF THE SPECIAL LODGING ASSESSMENT
ON LODGING BUSINESS WITHIN THE
TRI-CITY REGIONAL TOURISM PROMOTION AREA
BY THIS SECOND AMENDMENT to that Interlocal Cooperation Agreement
for Establishment of Tri-City Regional Promotion Area dated the 1st day of June, 2004, entered
into by and among the City of Kennewick, the City of Pasco, and the City of Richland,
Washington, the parties agree to the following:
WHEREAS, the Special Lodging Assessment was established in 2004 at $1.50 per night
of stay; and
WHEREAS, in 2013, by Resolution received from the Tri-City Regional Hotel-Motel
Commission, the Commission recommended an increase in the Special Lodging Assessment
from $1.50 to $2.00 per night of stay as permitted by RCW 35.101.050; and
WHEREAS, on October 17, 2013 the City of Kennewick, City of Pasco, and the City of
Richland, formally approved the increase in the Special Lodging Assessment from $1.50 to
$2.00 per day, which has since that time remained unchanged, and in doing so the cities
amended the Interlocal Cooperation Agreement for Establishment of Tri-City Regional
Promotion Area to reflect that change; and
WHEREAS, in 2020, the Washington Legislature approved the amendment of RCW
35.101 by adding RCW 35.101.057 which allows for an increase in the Special
Lodging Assessment in excess of the prior limit of two dollars per night of stay allowing up to an
additional three dollars per night of stay, upon receipt of signatures of the persons who
operate lodging
businesses who would pay sixty percent or more of the proposed charges; and
WHEREAS, a proposal was made to increase the Special Lodging Assessment from $2.00
to $3.00 per day of stay as permitted by RCW 35.101.057 and the Tri-City Regional Hotel-Motel
Commission has received the requisite signatures as well as the proposed uses and projects to
which the proposed revenue from the additional charge shall be put, the total estimated costs, and
the estimated rate for the charge as required by RCW 35.101.057; and
WHEREAS, by Resolution received from the Tri-City Regional Hotel-Motel
Commission, the Commission is recommending an increase in the Special Lodging Assessment
from $2.00 to $3.00 per night of stay as permitted by RCW 35.101.057; and
EXHIBIT A
Page 45 of 68
Second Amendment to
Interlocal Cooperation Agreement - 2
WHEREAS, the increase of the Special Lodging Assessment can only be enacted upon
the approval of all of the cities, and amendment of the respective Ordinances establishing the
assessment by a majority plus one of each of the City Councils.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
cities agree as follows:
Section l. That Section 3.A of the Interlocal Cooperation Agreement shall be and hereby
is amended and shall read as follows.
3. Levy of Special Lodging Assessments on Lodging Businesses
within the Tri-City Regional Tourism Promotion Area.
A. The City Council of each of the Cities shall levy a Special
Lodging Assessment on the Operators of Lodging Businesses within their
jurisdictions uniformly throughout the Tri-City Regional Tourism
Promotion Area as follows:
Classification A: $3.00
Classification B: $ -0-
Section 2. All remaining terms, sections, subsections, and conditions of the Interlocal
Cooperation Agreement for Establishment of the Tri-City Regional Tourism Promotion Area,
dated the 1st day of June, 2004, including all prior amendments thereof, not inconsistent herewith,
shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the City of Kennewick, the City of Pasco, and the City of
Richland, Washington, by their authorized officials have executed this Agreement pursuant to all
requirements of law on this ____ day of , 2020.
CITY OF KENNEWICK
By:
Don Britain, Mayor
Attest:
Terri L. Wright, CMC, City Clerk
Approved as to form:
Lisa Beaton, City Attorney
Page 46 of 68
Second Amendment to
Interlocal Cooperation Agreement - 3
CITY OF PASCO
By:
Saul Martinez, Mayor
Attest:
Debby Barham, CMC
City Clerk
Approved as to form:
Kerr Ferguson Law, PLLC
City Attorney
CITY OF RICHLAND
By:
Ryan Lukson, Mayor
Attest:
Jennifer Rogers, City Clerk
Approved as to form:
Heather Kintzley, City Attorney
Page 47 of 68
AGENDA REPORT
FOR: City Council November 3, 2020
TO: Dave Zabell, City Manager Remote Workshop Meeting:
11/9/20
FROM: Steve Worley, Director
Public Works
SUBJECT: Intro Resolution - WA ST Department of Natural Resources Easement for
Columbia East Force Main
I. REFERENCE(S):
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Permanent Easement Acquisition Cost $205,000.00
Temporary Easement Acquisition Cost $20,500.00
TOTAL $225,500.00
Costs associated with this project are funded through the following:
• Franklin County Economic Development (.09) Grants
• Washington State Capital Budget Direct Appropriation
• US Economic Development Agency Grant
• Local funds
IV. HISTORY AND FACTS BRIEF:
The Columbia East Force Main project will transport food processor's wastewater from
the vicinity of Commercial Avenue and Pasco-Kahlotus Highway intersection, North-
Westerly to the City’s Process Water Reuse Facility (PWRF) located off of Foster
Wells Road.
The Columbia East Force Main is a 5-mile Force Main extending from the Columbia
East Pump Station to the City’s PWRF. The proposed force main has been designed to
be located within easements on private property and City/County public rights-of-way.
Page 48 of 68
The Columbia East Force Main, in conjunction with the recently completed Columbia
East Pump Station, will provide for this area's current and future processor's, as well as
diverting industrial loading from the Municipal Wastewater Treatment Plant.
Acquisition of the necessary easements have been challenging and has triggered
multiple realignments of the proposed Force Main. The final alignment has been
established and all easement acquisitions for this project have been completed, except
for the one pertaining to the Department of Natural Resources (DNR) parcel.
The proposed easements in the Washington State Department of Natural Resources
(DNR) parcel (113-210-016) consists of a 30-foot wide permanent utility easement
extending along the south and west property lines of the parcel and an adjacent 30-foot
wide temporary easement.
Coordination for these easements started early in the design process. In January of
2019, an agreement between the City and DNR was executed establishing the
willingness of DNR to grant the easement for this project and defining the conditions
of said transaction.
The City, through its consultants, prepared an appraisal which informed the offer
provided to DNR. An independent appraisal was performed by DNR to substantiate
their counter offer. City staff have reviewed the counter offer and found it adequate.
V. DISCUSSION:
Staff drafted the attached resolution and recommends approval of the acquisition of the
permanent utility easement and the temporary easement in DNR’s parcel for the
Columbia East Force Main for a total amount of $225,500.
Page 49 of 68
Resolution – DNR Easement - Columbia East FM - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE EASEMENT
DOCUMENTS FOR THE COLUMBIA EAST FORCE MAIN PROJECT ON
DEPARTMENT OF NATURAL RESOURCES LAND.
WHEREAS, the City of Pasco (City) has designed a public works project for the
conveyance of processor wastewater discharge from the Columbia East Service Area to the
Process Water Reuse Facility; and
WHEREAS, the project alignment requires the acquisition of permanent and temporary
easements for the installation of the force main in a parcel owned by the Department of Natural
Resources (DNR); and
WHEREAS, the City and the Department of Natural Resources entered an agreement on
January 9, 2019 regarding the willingness and conditions for the granting of the easement for this
project; and
WHEREAS, the City, through its consultants, performed an appraisal for determining the
estimated fair market value of said easements for the preparation of the offer to DNR; and
WHEREAS, DNR prepared a third-party appraisal to provide a counter offer to the City;
and
WHEREAS, the City reviewed DNR’s counter offer and found it appropriate; and
WHEREAS, the City Council authorizes the City to proceed with the acquisition of the
designated easements via the execution of said easement documentation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager, or his designee, is authorized to execute the easement documents
for the Columbia East Force Main project, copies of which are attached hereto and incorporated
herein by as Exhibit A; and take all necessary steps required to complete this transaction.
Page 50 of 68
Resolution – DNR Easement - Columbia East FM - 2
PASSED by the City Council of the City of Pasco, Washington this _____ day of
November, 2020.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 51 of 68
Page 1 of 17 Easement No. 50-098101
When recorded return to:
Department of Natural Resources
Southeast Region
Attn: Matt Fromherz
713 Bowers Rd
Ellensburg, WA 98926
UTILITY EASEMENT
Grantors: STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES
Grantees: CITY OF PASCO
Legal Description: Ptn. Sec. 16, T9N, R30E, W.M.
Assessor’s Property Tax Parcel or Account Number: 113-210-016
Cross Reference: Survey AFN 1922884
DNR Easement No. 50-098101
This Easement is between CITY OF PASCO, a political subdivision of the State of
Washington, herein called "Grantee" and the STATE OF WASHINGTON, acting by and
through the Department of Natural Resources, herein called "State" dated as of
"Effective Date."
Conveyance. State, hereby grants and conveys to Grantee a non-exclusive in-gross easement
over Section 16, Township 9 North, Range 30 East, W.M., in Franklin County, Washington,
said Easement legally described and shown as “PROPOSED UTILITY EASEMENT” on that
Record of Survey recorded in Franklin County on October 8, 2020 under Auditor File No.
1922884 (hereafter Record of Survey), and approximately as shown on Exhibit A and Exhibit
A-1 (hereafter Easement Area).
Construction and Access. State grants to Grantee a nonexclusive easement, for construction
purposes only, over the Easement Area shown on Exhibit A and Exhibit A-1, which includes
Exhibit A
Page 52 of 68
Page 2 of 17 Easement No. 50-098101
the Easement Area and that easement area described as “30’ TCE” on the Record of Survey,
and approximately as shown on Exhibit A and Exhibit A-1 as “30’ Temporary Construction
Easement”, for construction on the Easement Area. This construction Easement shall
terminate upon completion of construction by Grantee, but no later than one year from the
Effective Date of this Easement.
Consideration. The consideration paid by the Grantee to State is as follows:
The performance by Grantee of the terms and conditions specified herein, TEN and no/100
Dollars ($10.00) and other valuable consideration received from Grantee.
Term. The Easement shall be perpetual unless terminated as set forth hereafter.
Purpose. This Easement is granted for the purpose of and is limited to constructing,
installing, operating, maintaining, repairing, replacing, and using two buried 16-inch force
main pipelines ("Line") for transport of food processing wastewater to Grantee’s Process
Wastewater Reuse Facility. Authorized use shall include the right to travel, maintain, repair,
construct or reconstruct the Easement Area subject to the restrictions set forth hereafter. The
purpose of this Easement shall not be changed or modified without the consent of State which
shall be at its sole discretion. Any unauthorized use of this Easement Area shall be
considered a material breach of this Easement.
Assignment. This Easement, or any of the rights granted herein, shall not be apportioned,
assigned, or transferred in whole or in part without the prior written consent of State, which
shall be at State's sole discretion. In approving a request to apportion, assign, or transfer an
interest in this Easement, State shall be entitled to charge for administrative costs for
approving the transfer and require additional compensation for any additional use or user.
These rights will be in addition to and not a limitation upon State's discretionary authority
under this subsection.
Reservations. State reserves all ownership of the Easement Area and profits thereon
(including timber unless conveyed under this Easement) and the right of use for any purpose
including but not limited to the right to remove profits within the Easement Area reserved by
State; the right at all times to cross and recross the Easement Area at any place on grade or
otherwise; and the right to use, maintain, patrol, reconstruct or repair the Easement Area so
long as it does not unreasonably interfere with the rights granted herein. State may grant to
third parties any and all rights reserved. Once Grantee clears timber conveyed under this
Easement, if any, timber subsequently grown in such cleared areas shall belong to State.
In the event State uses the Easement Area for the purpose of growing crops, State or its lessee
shall assume responsibility for pest and weed control within the Easement Area. State will
give the Grantee written notice of the dates State will assume and relinquish responsibility for
pest and weed control.
Page 53 of 68
Page 3 of 17 Easement No. 50-098101
Permittees. Grantee may permit its respective employees, agents, contractors, licensees,
lessees, purchasers of timber or other profits and their agents, herein individually referred to
as "Permittee" and collectively referred to as "Permittees", to exercise the rights granted
herein. Acts or omissions of the Permittees operating under this Easement shall be deemed an
act of the Grantee. Restrictions or requirements placed on the Grantee herein shall apply
equally to the Permittees.
Compliance with Laws. Grantee shall, at its own expense, conform to all applicable laws,
regulations, permits, or requirements of any public authority affecting the Easement Area and
the use thereof. Upon request, Grantee shall supply State with copies of permits or orders.
Export Restrictions. Any export restricted timber originating from state land under this
Easement shall not be exported until processed. Grantee shall comply with all applicable
requirements of WAC 240-15-015 (relating to the prohibitions on export and substitution),
WAC 240-15-025 (relating to reporting requirements), and WAC 240-15-030 (relating to
enforcement). All export restricted timber from state lands shall be painted and branded in
compliance with WAC 240-15-030(2). If Grantee knowingly violates any of the prohibitions
in WAC 240-15-015, Grantee shall be barred from bidding on or purchasing export restricted
timber as provided. Grantee shall comply with the Export Administration Act of 1979 (50
U.S.C. App. Subsection 2406(i)) which prohibits the export of unprocessed western cedar
logs harvested from state lands.
Indemnity. Grantee shall indemnify, defend with counsel acceptable to State, and hold
harmless State, its employees, officers, and agents from any and all liability, damages,
expenses, causes of action, suits, claims, costs, fees (including attorney's fees), penalties, or
judgments, of any nature whatsoever, arising out of the use, occupation, or control of the
Easement Area by Grantee, its contractors, subcontractors, invitees, agents, employees,
licensees, or permittees, including but not limited to the use, storage, generation, processing,
transportation, handling, disposal, release, or threatened release of any hazardous substance or
materials. To the extent that RCW 4.24.115 applies, Grantee shall not be required to
indemnify State from State's sole or concurrent negligence. This indemnification shall
survive the expiration or termination of the Easement. Grantee waives its immunity under
Title 51 RCW to the extent required to indemnify State.
Insurance. Before using any of said rights granted herein and at its own expense, the Grantee
shall obtain and keep in force during the term of this Easement and require its contractors,
sub-contractors, or other permittees to obtain while operating on the Easement Area, the
following liability insurance policies, insuring Grantee against liability arising out of its
operations, including use of vehicles. Failure to buy and maintain the required insurance may
result in the termination of the Easement at State’s option. The limits of insurance, which
may be increased by State, as deemed necessary, shall not be less than as follows:
(a) Commercial General Liability (CGL) insurance with a limit of not less than
$1,000,000 per each occurrence. If such CGL insurance contains aggregate
Page 54 of 68
Page 4 of 17 Easement No. 50-098101
limits, the general aggregate limits shall be at least twice the "each occurrence"
limit, and the products-completed operations aggregate limit shall be at least
twice the "each occurrence" limit.
(b) Employer's liability ("Stop Gap") insurance, and if necessary, commercial
umbrella liability insurance with limits not less than $1,000,000 each accident
for bodily injury by accident or $1,000,000 each employee for bodily injury by
disease.
(c) Business Auto Policy (BAP) insurance, and if necessary, commercial umbrella
liability insurance with a limit of not less than $1,000,000 per accident, with
such insurance covering liability arising out of "Any Auto". Business auto
coverage shall be written on ISO form CA 00 01, or substitute liability form
providing equivalent coverage. If necessary the policy shall be endorsed to
provide contractual liability coverage and cover a “covered pollution cost or
expense” as provided in the 1990 or later versions of CA 00 01. Grantee
waives all rights against State for the recovery of damages to the extent they
are covered by business auto liability or commercial umbrella liability
insurance.
(d) Grantee shall comply with all State of Washington workers' compensation
statutes and regulations. Workers' compensation coverage shall be provided
for all employees of Grantee and employees of any contractors, sub-contractors
or permittees. Except as prohibited by law, Grantee(s) waives all rights of
subrogation against State for recovery of damages to the extent they are
covered by workers compensation, employer’s liability, commercial general
liability or commercial umbrella liability insurance.
All insurance must be purchased on an occurrence basis and should be issued by companies
admitted to do business within the State of Washington and have a rating of A- or better in the
most recently published edition of Best's Reports. Any exception shall be reviewed and
approved in advance by the Risk Manager for the Department of Natural Resources. If an
insurer is not admitted, all insurance policies and procedures for issuing the insurance policies
must comply with Chapter 48.15 RCW and 284-15 WAC.
The State of Washington, Department of Natural Resources, its elected and appointed
officials, agents and employees shall be named as an additional insured on all general
liability, excess, and umbrella insurance policies.
Before using any said rights granted herein, Grantee shall furnish State with a certificate(s) of
insurance, executed by a duly authorized representative of each insurer, showing compliance
with the insurance requirements specified above. Certificate(s) must reference State's
easement number.
Page 55 of 68
Page 5 of 17 Easement No. 50-098101
State shall be provided written notice before cancellation or non-renewal of any insurance
referred to herein, as prescribed in statute (Chapter 48.18 RCW or Chapter 48.15 RCW).
Grantee shall include all contractors, sub-contractors and permittees as insureds under all
required insurance policies, or shall furnish separate certificates of insurance and
endorsements for each. Contractors, sub-contractors and permittees must comply with all
insurance requirements stated herein. Failure of contractors, sub-contractors and permittees to
comply with insurance requirements does not limit Grantee’s liability or responsibility.
All insurance provided in compliance with this Easement shall be primary as to any other
insurance or self-insurance programs afforded to or maintained by State. Grantee waives all
rights against State for recovery of damages to the extent these damages are covered by
general liability or umbrella insurance maintained pursuant to this Easement.
By requiring insurance herein, State does not represent that coverage and limits will be
adequate to protect Grantee, and such coverage and limits shall not limit Grantee’s liability
under the indemnities and reimbursements granted to State in this Easement.
If Grantee is self-insured, evidence of its status as a self-insured entity shall be provided to
State. If requested by State, Grantee must describe its financial condition and the self-insured
funding mechanism.
Waste. Grantee shall not cause or permit any filling activity to occur in or on the Easement
Area, except as approved by State. Grantee shall not deposit refuse, garbage, or other waste
matter or use, store, generate, process, transport, handle, release, or dispose of any hazardous
substance, or other pollutants in or on the Easement Area except in accordance with all
applicable laws.
The term hazardous substance means any substance or material as those terms are now or are
hereafter defined or regulated under any federal, state, or local law including but not limited
to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA
42 USC 9601 et seq.) as administered by the US Environmental Protection Agency, or the
Washington Model Toxic Control Act (MTCA RCW 70.105D) as administered by the State
Dept. of Ecology.
Grantee shall immediately assume responsibility for a hazardous substance release (spill)
caused by Grantee or its Permittees on or adjoining the Easement Area.
As responsible party, Grantee shall:
Immediately notify all necessary emergency response agencies, as required under
federal, state and local laws, regulations, or policies.
Following emergency response agency notifications, notify State (Dept. of Natural
Resources) of all spill releases and Grantee actions completed for spill reporting and
actions planned or completed toward spill cleanup. State notification requirements are
Page 56 of 68
Page 6 of 17 Easement No. 50-098101
“same business day” notification for normal state workdays and “next available
business day” notification for weekends and holidays.
At Grantees sole expense, conduct all actions necessary to mitigate the spill release.
Mitigation response actions may include, but are not necessarily limited to, initial
release containment, follow-up site cleanup and monitoring actions, and continued
contact and coordination with regulators and State, as defined under the
aforementioned laws, regulations, policies and this agreement.
Other than performing initial emergency response cleanup/containment actions; obtain
approvals in advance of all site cleanup actions (e.g. site characterization
investigations, feasibility studies, site cleanup and confirmation sampling, and
groundwater monitoring) conducted on State lands, in coordination with regulatory
agencies and State.
Obtain and understand all necessary hazardous substance spill release notification and
response mitigation requirements, in advance of conducting Grantee operations on
State land.
Survey Markers. Grantee shall not destroy any land survey corner monuments and/or
reference points (including but not limited to corner markers, witness objects, or line markers)
without prior written approval from State, which shall not be unreasonably withheld.
Monuments or reference points that must necessarily be disturbed or destroyed during road
construction or maintenance activities must be adequately referenced and replaced, at the
Grantee’s cost, under the direction of a State of Washington Professional Land Surveyor, in
accordance with all applicable laws of the State of Washington in force at the time of
construction, including but not limited to RCW 58.24, and all Department of Natural
Resources regulations pertaining to preservation of such monuments and reference points.
Danger Tree Removal. Individual trees located within the danger tree zones outside of the
Easement Area and within the Easement Area which shall be dangerous to the operation and
maintenance of the Line in the Easement Area, may be removed subject to the following:
1. Grantee shall mark the trees.
2. Grantee shall timber cruise the trees.
3. Grantee shall notify State in writing of their request to remove the danger trees
and include the cruise and a map showing the location of the trees.
4. State will determine the fair market value of the trees it authorizes to be
removed.
5. State will approve the removal of danger trees contingent upon payment in full
by the Grantee prior to removal.
In the event of an emergency requiring immediate action to protect person or property,
Grantee shall:
1. Fall and/or remove the necessary danger tree(s) without advance authorization
Page 57 of 68
Page 7 of 17 Easement No. 50-098101
from State.
2. Cruise the felled and/or removed tree(s).
3. Grantee shall notify State in writing of the tree(s) felled and/or removed and
include a map of the location and a cruise within fourteen (14) days after
felling.
4. State will determine the fair market value of the tree(s) felled and/or removed
and bill the Grantee.
5. Grantee shall pay for the tree(s) within thirty (30) days of receipt of the billing
notice.
Operational Restrictions. Site-specific operational requirements are listed in Exhibit B.
Non-compliance with these requirements shall constitute a breach of this easement and may
result in State suspending operations until the breach is remedied.
Construction/Reconstruction. Sixty (60) days prior to any construction or reconstruction by
Grantee on the Easement Area, Grantee shall submit a written plan of construction to State
outlining the construction or activity for State's approval, which shall not be unreasonably
withheld. In the event of an emergency requiring immediate action to protect person or
property, Grantee may take reasonable corrective action without prior notice to State. Grantee
shall notify State within thirty (30) days of any corrective action taken and all construction or
reconstruction shall comply with applicable state or local laws.
Easement Closure Risk. Grantee assumes all risk and costs associated with easement access
due to road closures and blockages caused by any road closure event, including but not
limited to environmental regulation, or natural disasters including, fire, flood, snow, slides,
tree wind throw, or road wash out. State is not obligated to repair or unblock an existing road
leading to the easement area or any part of the easement area described herein if State
determines the road is no longer safe or viable for trust management purposes.
Improvements. Grantee shall construct no improvements without the prior written consent
of State which shall be at State's sole discretion. Unless the parties agree in writing to share
the cost of improvements, improvements shall be at the sole expense of the improver.
Weed Control/Pesticides. Unless otherwise provided, Grantee shall control at its own cost,
all noxious weeds on any portion of the Easement Area herein granted. Such weed control
shall comply with county noxious weed control board rules and regulations established under
the Uniform Noxious Weed Control Statute (Chapter 17.10 RCW). Grantee shall be
responsible for, or shall immediately reimburse State any weed control cost incurred as a
result of Grantee's failure to control weeds on the Easement Area. All ground methods of
chemical weed control shall be reported to State at the region office within thirty (30) days
after the weed control activities.
In the event State uses the Easement Area for the purpose of growing crops, State or its lessee
shall assume responsibility for pest and weed control within the Easement Area. State will
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give Grantee written notice of the dates State will assume and relinquish responsibility for
pest and weed control.
The aerial application of pesticides is not permitted.
Notice. Any notices or submittals required or permitted under this Easement may be
delivered personally, sent by facsimile machine or mailed first class, certified return receipt
requested, to the following addresses or to such other place as the parties hereafter direct.
Notice will be deemed given upon delivery, confirmation of facsimile, or three (3) days after
being mailed, whichever is applicable.
To State:
Department of Natural Resources
Southeast Region
713 Bowers Rd
Ellensburg, WA 98926
Phone: 509-925-8510
To: Grantee:
City of Pasco, Public Works Department
525 N 3rd Ave.
Pasco, WA 99301
Phone: 509-543-5738
Recording. Grantee shall record this Easement in the county in which the easement property
is located, at Grantee’s sole expense. Grantee shall provide State with a copy of the recorded
easement. Grantee shall have thirty (30) days from the date of delivery of the final executed
agreement to comply with the requirements of this section. If Grantee fails to record this
Easement, State may record it and Grantee shall pay the costs of recording, including interest,
upon State's demand.
Forfeiture. In the event that any portion of the Easement Area is not used by Grantee, or its
assigns, for the purpose for which it was granted, within a period of five (5) years from the
Effective Date of this Easement, the rights of Grantee within said portion(s) of the Easement
Area shall revert to State, its successors or assigns; and said portion(s) of the Easement Area
shall be freed from the Easement as fully and completely as if this Easement had not been
granted; provided, however, an extension of time may be granted upon written request prior to
the expiration date of said 5-year period and upon the terms and conditions as specified by
State. Such terms and conditions shall include, but not be limited to the right to modify the
consideration due State plus additional charges for administrative costs and appreciation of
land and valuable material.
Abandonment. If Grantee ceases to use the Easement Area for the purposes set forth herein
for a period of five (5) successive years, this Easement shall be deemed abandoned and
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terminate without further action by State. Timber remaining on the Easement Area shall be
deemed abandoned.
Termination. State shall have the right to terminate this Easement if Grantee fails to cure a
material breach of this Easement within sixty (60) days of notice of default (Cure Period). If
a breach is not reasonably capable of being cured within the Cure Period for reasons other
than lack of or failure to expend funds, Grantee shall commence to cure the default within the
Cure Period and diligently pursue such action necessary to complete the Cure. In addition to
the right of termination, State shall have any other remedy available in law or equity. Any
Grantee obligations not fully performed upon termination shall continue until fully performed.
Designation of certain breaches as material throughout this Easement shall not preclude other
breaches from being declared material.
Removal of Improvements and Equipment. All improvements, buildings, fixtures and
other property erected or permanently affixed upon State lands by Grantee during the term of
said Easement, which remain upon said land sixty (60) days from the termination or
abandonment of said Easement, shall become the property of State and be considered a part of
the land upon which they are located; provided, however, that any time within sixty (60) days
after the termination or abandonment of said Easement, Grantee shall be entitled to remove
such of said improvements as can be removed without damage to said lands; or, State may
require Grantee to remove all improvements, buildings, fixtures and other structures fixed
upon State lands by Grantee, at Grantee's cost. All tools, equipment and other property not
permanently affixed upon the land by Grantee during the term of said Easement shall remain
the property of Grantee, but shall be removed within sixty (60) days after the expiration of
this Easement.
Relocation. State reserves to itself, its successors and assigns, the right to require Grantee to
realign or relocate the Line at no cost to State if the location provided for by this Easement
interferes with the use and development of the Easement Area. Any new location for the
buried Line resulting from such realignment or relocation shall be covered by the terms and
conditions of this Easement and this Easement shall be construed as being modified to reflect
any such realignment or relocation; PROVIDED, that State is fully compensated for any
additional right of way required for such realignment or relocation in the manner prescribed
by RCW 79.36.530, as presently codified or hereafter amended. Upon failure, neglect or
refusal by Grantee to do and perform any realignment or relocation as hereby required, State
may undertake and perform such realignment or relocation, the cost to be repaid by Grantee,
together with attorney's fees, costs and interest should it be necessary to bring an action to
recover such realignment or relocation costs.
Advance by State. If State advances or pays any cost or expense for or on behalf of Grantee,
Grantee shall reimburse State the amount paid and shall pay interest on such amount at the
rate of one percent (1%) per month until paid.
Construction. The terms of this Easement shall be given their ordinary meaning unless
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Page 10 of 17 Easement No. 50-098101
defined herein and shall not be presumptively construed against the drafter.
Effective Date. The Effective Date of this Easement shall be the date on which the last party
executes this Easement. The Effective Date will be inserted on the first page of the Easement
when such date is determined.
Exhibits. All exhibits referenced in this Easement are incorporated as part of the Easement.
Headings. The headings in this Easement are for convenience only and are not intended to,
and shall not be construed to, limit, enlarge, or affect the scope or intent of this Easement nor
the meaning of any of its provisions.
Modification. Any modification of the Easement must be in writing and signed by the
parties. State shall not be bound by any oral representations or statements.
Non-waiver. The waiver by State of any breach or the failure of State to require strict
compliance with any term herein shall not be deemed a waiver of any subsequent breach.
Severability. If any provision of this Easement shall be held invalid, it shall not affect the
validity of any other provision herein.
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IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, as
of the day and year first above written.
CITY OF PASCO
Dated: , 20 .
DAVE ZABELL
City Manager
525 N 3rd Ave.
Pasco, WA 99301
Phone: 509-545-3404
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: , 20 .
ANGUS W. BRODIE
Deputy Supervisor for Uplands
P.O. Box 47000
1111 Washington Street SE
Olympia WA 98504-7000
Phone: 360-902-1000
Approved as to form
January 21, 2003
By Mike Rollinger
Assistant Attorney General
for the State of Washington
Approved as to form
_____________________
By __________________
City Attorney
for the City of Pasco, WA
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Page 12 of 17 Easement No. 50-098101
REPRESENTATIVE ACKNOWLEDGEMENT
State of Washington
County of Franklin
I certify that I know or have satisfactory evidence that Dave Zabell is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the City
Manager of City of Pasco to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
(Signature)
(Seal or stamp)
(Print Name)
Notary Public in and for the State of
Washington, residing at
My appointment expires
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Page 13 of 17 Easement No. 50-098101
STATE ACKNOWLEDGEMENT
State of Washington
County of Thurston
I certify that I know or have satisfactory evidence that Angus W. Brodie is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the Deputy
Supervisor for State Uplands of the Department of Natural Resources of the State of
Washington to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
(Signature)
(Seal or stamp)
(Print Name)
Notary Public in and for the State of
Washington, residing at
My appointment expires
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Page 14 of 17 Easement No. 50-098101
EXHIBIT A
EASEMENT AREA
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Page 15 of 17 Easement No. 50-098101
EXHIBIT A-1
EASEMENT AREA
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Page 16 of 17 Easement No. 50-098101
EXHIBIT B
OPERATIONAL REQUIREMENTS
The "Line" shall be buried at a minimum depth of 48 inches below the surface of said
Easement Area. For installation within roadway, the "Line" shall be buried at a minimum
depth of 48 inches below the road surface or 48 inches below bottom of ditch, whichever
applies.
State reserves the right to inspect the "open trench" during construction to ensure compliance
with the installation specifications.
Grantee shall mark the location of the buried "Line" with painted metal or composite posts
placed approximately 500 to 1,000 feet apart so they are clearly visible. The Grantee shall
also install signs at approximate 1,000-foot intervals; said signs shall identify the installation
as a buried wastewater pipeline and shall designate ownership of the installation.
Grantee shall so place, protect, and/or bury the "Line" as to allow the unobstructed movement
of any equipment or materials across the surface of the Easement Area and shall install the
"Line" at such depth as to not interfere with the normal and usual use of the land.
Should Grantee not place, or bury the "Line" according to the specifications designated by
State and the approved Record of Survey, Grantee shall be responsible for and hold State
harmless from any and all damage to the "Line".
Grantee agrees that no construction will commence until all documents have been signed by
all parties and that neither construction nor reconstruction will commence until the written
Plan of Operation has been approved by State.
Grantee shall notify State when construction begins and when construction has been
completed.
Grantee is responsible for obtaining all necessary permits that relate to the Grantee’s
activities. Grantee is responsible for all permits, amendments, renewals, and associated
expenses.
During the course of construction or maintenance, Grantee shall minimize soil erosion and
damage to soil. Equipment will not be operated when the ground conditions are such that
excessive soil damage will occur.
All soil surfaces on the Easement Area, which are outside of cultivated areas and devoid of
natural cover as a result of the operations hereunder, shall be re-seeded at a rate of 50 pounds
per acre with a non-invasive, pasture mix (35% Perennial Ryegrass, 52% Tall Fescue, 13%
New Zealand White Clover) and covered with straw.
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Upon completion of construction of facilities authorized herein, Grantee shall restore all lands
of the State impacted by Grantee’s activities thereon to prior or better condition in a
workmanlike manner.
When trimming trees within or adjacent to the Easement Area, the Grantee shall:
a) cut all limbs to within 1 inch of the branch collar when more than 50% of the
live branch is removed; pruning outside the trees branch bark ridge or branch
collar;
b) avoid scaring or damaging the cambium layer of all live trees;
c) remove no more than 33% of the trees live crown;
d) avoid removing the trees terminal leader. Should the Grantee desire to remove
the terminal leader, the tree will be felled and removed according to the terms
of the Danger Tree Removal Clause.
e) remove from the Easement Area all cut and harvested materials including tree
limbs, tree boles, tree tops, and to the extent possible, leaves and needles.
When trimming trees within or adjacent to the Easement Area, the Grantee may:
a) chip all cut and harvested materials with written authorization from the State;
b) spread chipped materials over the Easement Area with the final disbursement
being approved by the State;
c) not leave chipped materials in piles.
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