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2020.12.07 Council Remote Meeting Packet
AGENDA Remote Regular Meeting 6:00 PM - Monday, December 7, 2020 GoToWebinar Page 1. REMOTE MEETING INSTRUCTIONS - Governor Inslee's Proclamation No. 20-28, made in response to the COVID-19 emergency, prohibits members of the public from attending City meetings in-person but requires agencies to provide options for the public to participate in remotely. To best comply, the City asks all members of the public that would like to comment regarding items on the agenda, where the public is allowed to speak, to fill out a form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of each meeting. To listen to the meeting via phone, call (213) 929-4212 and use access code 555-318-622. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 7 - 20 (a) Approval of Meeting Minutes To approve the minutes of the Pasco City Coun cil remote Special Workshop and remote Meeting held on November 16, 2020, and Page 1 of 235 remote Special Meeting and Workshop held on November 23, 2020. 21 - 22 (b) Bills and Communications To approve claims in the total amount of $5,179,271.14 ($4,051,638.31 in Check Nos. 238530-238962; $316,907.92 in Electronic Transfer Nos. 829959-830013, 830018-830039, 830051- 830090, 830092, 830095-830132, 830135-830178; $15,853.29 in Check Nos. 53474-53495; $791,581.08 in Electronic Transfer Nos. 30154751-30155264; $3,290.54 in Electronic Transfer No. 731). 23 - 31 (c) Ordinance - PMC Amendment Section 3.15.010 - TPA Rate Change To approve Ordinance No. 4507, authorizing a change in special lodging assessment to three dollars per night and, further, authorize publication by summary only. 32 - 37 (d) Renewal Agreement with Visit Tri-Cities for the Promotion of Tourism Management To approve the Renewal Agreement with Visit Tri-Cities for the management of the Promotion of Tourism and, further, authorize the City Manager to execute the agreement. 38 - 42 (e) *Resolution - Ratify Emergency Order Related to COVID-19 MOTION: I move to approve Resolution No. 4016, ratifying Emergency Order 2020-001.1, relating to extending temporary sign usage within the Pasco Municipal Code. 43 (f) December 2020 Council Meeting Cancellations To approve the cancellation of the December 14 and 28 Council Workshop Meetings and December 21 Council Regular Meeting. 44 - 46 (g) Inclusion, Diversity & Equity Commission Appointment To confirm the Mayor's appointment of Carly Coburn to the Inclusion, Diversity & Equity Commission to Position No. 7 with a term ending on December 31, 2021. 47 - 51 (h) General Fund Monthly Report - October 2020 Informational only - no action to approve 52 - 62 (i) *Resolution - Segregation of Local Improvement District (LID) Assessment To approve Resolution No. 4017, relating to Local Improvement District No. 150; providing for the segregation of assessments for certain parcels consistent with RCW 35.44.410; and, ratifying and Page 2 of 235 confirming prior acts. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 6. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 63 - 103 (a) Ordinances - 2019-2020 Budget Supplement CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4508, amending the 2019 - 2020 Biennial Operating Budget of the City of Pasco by providing supplement thereto; by appropriating revenue received in excess of estimated revenues for the current year and by providing transfers and adjustment authority and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. 4509, amending the 2019 - 2020 Biennial Capital Budget of the City of Pasco by providing supplement thereto; and, further, authorize publication by summary only. 104 - 111 (b) Ordinances - 2021-2022 Operating & Capital Projects Budgets - Second Readings and Passage CONDUCT PUBLIC HEARING MOTION: I move for the second reading and adoption of Ordinance No. 4503, for consideration of the City of Pasco Biennial Operating Budget for 2021-2022 and, further, authorize publication by summary only. MOTION: I move for the second reading and adoption of Ordinance No. 4504, for consideration of the City of Pasco Biennial Capital Projects Budget for the Year 2021-2022 and, further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 112 - 121 (a) *Ordinances - Administrative/Professional and Management Wage and Salary Plans Page 3 of 235 MOTION: I move to adopt Ordinance No. 4510, providing for certain adjustments in the Administrative/Professional, Exempt and Non - Exempt wage plan beginning January 10, 2021 (1st full pay period of 2021) and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. 4511, providing for certain adjustments in the Management salary plan beginning January 10, 2021 (1st full pay period of 2021) and, further, authorize publication by summary only. 122 - 125 (b) *Resolutions - Extending Interfund and Intrafund Loans MOTION: I move to approve Resolution No. 4018, authorizing the extension of interfund loan repayment from the General Fund to the City's Marina Fund and allowing all necessary budget adjustments. MOTION: I move to approve Resolution No. 4019, authorizing the extension of intrafund loan repayment from the Water Utility to the Process Water Reuse Facility Utility and allowing all necessary budget adjustments. 126 - 132 (c) *Resolution - Bid Award for the Northwest Area Sewer LID Project MOTION: I move to approve Resolution No. 4020, awarding the Northwest Area Sewer LID No. 151 project to Big D's Construction of Tri-Cities, Inc., of Pasco, Washington in the amount of $1,726,860.55, including Washington State Sales Tax, and further authorize the City Manager to execute the contract documents. 133 - 137 (d) Resolution - COVID-19 Response MOTION: I move to approve Resolution No. 4021, declaring City Council statement on COVID-19 response. 9. UNFINISHED BUSINESS 138 - 146 (a) Ordinance - Amend PMC 6.05.010 Definitions - Potentially Dangerous Animal MOTION: I move to adopt Ordinance No. 4512, amending the Pasco Municipal Code, Section 6.05.010, "Definition of Terms," and, further, authorize publication by summary only. 10. NEW BUSINESS 147 - 197 (a) *2021-2022 Collective Bargaining Agreement with International Association of Firefighters (IAFF), Local No. 1433 MOTION: I move to approve the Collective Bargaining Agreement Page 4 of 235 with the IAFF, Local No. 1433, for years 2021 - 2022 and, further, authorize the City Manager to execute the agreement. 198 - 221 (b) *Personal Services Agreement for Animal Control Services MOTION: I move to approve Personal Services Agreement with Neo's Nation for professional animal control and shelter management services and further, authorize the City Manager to execute the agreement subject to modifications. 222 - 232 (c) *Professional Services Agreement - PACE Engineering, Columbia East Pump Station and Force Main - Amendment No. 5 MOTION: I move to approve Amendment No. 5 for the Professional Services Agreement with PACE Engineering for the Columbia East Force Main and Lift Station Project, and further, authorize the City Manager to execute the agreement. 11. MISCELLANEOUS DISCUSSION 12. EXECUTIVE SESSION 13. ADJOURNMENT 14. ADDITONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 233 - 235 (b) Adopted 2020-2021 Council Goals (Reference Only) (c) Reminders • Monday, December 7, 1:30 PM: Emergency Medical Services Board Meeting – Virtual Meeting (MAYOR PRO TEM BLANCHE BARAJAS, Rep.; COUNCILMEMBER DAVID MILNE, Alt.) • Tuesday, December 15, 4:00 PM: Pasco Public Facilities District Board Meeting – GoToMeeting (COUNCILMEMBER CRAIG MALONEY, Rep.; COUNCILMEMBER DAVID MILNE, 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 Page 5 of 235 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 6 of 235 AGENDA REPORT FOR: City Council December 2, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 FROM: Debby Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes I. REFERENCE(S): 11.16.2020 Special WS, 11.16.20 Mtg, 11.23.20 Special Mtg, & 11.23.20 WS Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council remote Special Workshop and remote Meeting held on November 16, 2020, and remote Special Meeting and Workshop held on November 23, 2020. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 7 of 235 MINUTES Remote Workshop Meeting 6:00 PM - Monday, November 16, 2020 GoToWebinar REMOTE WORKSHOP INSTRUCTIONS: The Pasco City Council Workshop was broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Call-in information to GoToWebinar for "listen-only" mode was also made available. CALL TO ORDER: The meeting was called to order at 6:00 PM by Blanche Barajas, Mayor Pro Tem. ROLL CALL: Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, David Milne, Zahra Roach, and Pete Serrano. Councilmembers absent: Saul Martinez. Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Craig Briggs, Acting City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. ITEMS FOR DISCUSSION: Introduction of the Capital Projects Biennial Budget for 2021-2022 Page 1 of 2 Page 8 of 235 Mr. Zabell introduced the proposed 2021 -2022 Capital Projects Biennial Budget. Ms. Sigdel provided a comprehensive overview of proposed budget including carryover projects, bond proceeds and the various fund(s) balances. The Fire Chief Gear, Mr. Ratkai and Mr. Worley, from the Fire Department, Administrative & Community Services Department and Public Works Department respectively, provided a status of the scheduled Capital Improvement Projects (CIP) within their departments and divisions. Council and staff discussion ensued. Mr. Maloney requested an explanation of the differences between the years 2021 and 2022 in the adopted 2021-2026 CapitalImprovement Plan (CIP) and the proposed 2021-2022 Capital Projects Budget. ADJOURNMENT: There being no further business, the meeting was adjourned at 6:59 PM. PASSED and APPROVED this ____ day of _______, 2020. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 2 of 2 Page 9 of 235 MINUTES Remote Regular Meeting 7:00 PM - Monday, November 16, 2020 GoToWebinar REMOTE MEETING INSTRUCTIONS: Governor Inslee's Proclamation No. 20-28.11, made in response to the COVID-19 emergency, continued to prohibit members of the public from attending City meetings in-person but required agencies to provide options for the public to participate in remotely. To best comply, the City asked all members of the public that would like to comment regarding items on the agenda to fill out a form via the City’s website (www.pasco- wa.gov/publiccomment). As of 4:00 p.m. on Monday, November 16, 2020, one (1) request to speak was received. CALL TO ORDER: The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor Pro Tem. ROLL CALL: Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, David Milne, Zahra Roach, and Pete Serrano. Councilmembers absent: Saul Martinez. Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. Page 1 of 6 Page 10 of 235 CONSENT AGENDA: Approval of Meeting Minutes To approve the minutes of the Pasco City Council Remote Meeting held on November 2, 2020 and Remote Workshop held on November 9, 2020. Bills and Communications To approve claims in the total amount of $2,126,942.06 ($750,484.00 in Check Nos. 238412-238529; $541,606.35 in Electronic Transfer Nos. 830014, 830040, 830044-830049; $19,138.52 in Check Nos. 53461- 53473; $813,289.91 in Electronic Transfer Nos. 30154235 -30154750; $2,423.28 in Electronic Transfer Nos. 724-729). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $169,774.32 and, of that amount, authorize $0.00 to be turned over for collection. Resolution - Second Amendment to Interlocal Agreement for Tourism Promotion Area To approve Resolution No. 4009, approving the Second Amendment to Interlocal Agreement for Tourism Promotion Area. Resolution - WA ST Department of Natural Resources Easement for Columbia East Force Main To approve Resolution No. 4010, authorizing the City Manager to execute the Easement documents for the Columbia East Force Main Project on the Department of Natural Resources Land. Resolution - Communication Site License Agreement with AT&T (Water Tower) To approve Resolution No. 4011, for the Communication Site License Agreement with New Cingular Wireless PCS, LLC (AT&T) and further authorize the City Manager to execute the Agreement. Chiawana Park Riparian Shoreline Project Memorandum of Understanding To approve the Memorandum of Understanding between the City of Pasco and Mid-Columbia Fisheries Enhancement Group as written and authorize the Administrative and Community Services Director to execute said memorandum. MOTION: Mr. Alvarado moved to approve the Consent Agenda as Page 2 of 6 Page 11 of 235 read. Mr. Serrano seconded. Motion carried unanimously by Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Verbal Reports from Councilmembers Mr. Alvarado reported on a special meeting and regular meeting with Ben Franklin Transit. He also commented on an Association of Washington Cities task force he participated on. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Public Hearing - Public Access Easement Vacation Pasco Coke LLC Property (vacated Henry Street) Mr. Worley provided a brief history of the easement located on Henry Street at the Pasco Coke, LLC property and the need for the vacation. Mayor Pro Tem Barajas declared the Public Hearing open to consider the proposed vacation. Ms. Long expressed concern regarding safety and noise pollution concerns of the current and proposal easement. She requested another access to Road 34 through W. Octave Street from the housing division. Mr. Milne also expressed concern about the safety i ssues of current and proposed easements. Following three calls for comments, and there being none, Mayor Pro Tem Barajas declared the Public Hearing closed. Mr. Zabell noted that staff recognizes the proposed easement relocation, traffic signage and striping is a short term solution. He stated that staff will continue to look for a long term improvements within that area. Mr. Alvarado asked for the Cola Cola operations including restrictions placed on its operations. Mr. Maloney asked for history of the property and provide an explanation of how this issue occurred. 2021-2022 Operating & Capital Projects Budget Ordinances - First Reading Page 3 of 6 Page 12 of 235 Ms. Sigdel stated there were no further updates to provide Council at this time. Mayor Pro Tem Barajas declared the Public Hearing open to consider the proposed 2021-2022 Operating and Capital Projects Budget Ordinances following three calls for comments, and there being none, Pro Tem Barajas declared the Public Hearing closed. MOTION: Mr. Maloney moved for the first reading of Ordinance No. 4503, for consideration of the City of Pasco Biennial Operating Budget for 2021-2022. Mr. Serrano seconded. Motion carried unanimously. MOTION: Mr. Alvarado moved for the first reading of Ordinance No. 4504, for consideration of the City of Pasco Biennial Capital Projects Budget for 2021-2022. Ms. Roach seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Resolution - Basin Disposal Inc. - Overview of Services, 2021 Rate Increase Mr. Worley provided a brief report related to the proposed 2021 rate increase with Basin Disposal, Inc. (BDI). MOTION: Mr. Alvarado moved to approve Resolution No. 4012, authorizing the 2021 Basin Disposal Service Rate as proposed. Mr. Maloney seconded. Motion carried unanimously. Ordinance - Nelson Trust Rezone (Z 2020-003) Mr. White explained the purpose and process of the proposed rezone. MOTION: Mr. Alvarado moved to adopt Ordinance No. 4505, rezoning a parcel located at 2217 Road 84 from RS -20 to RS-12, and further, authorize publication by summary only. Mr. Milne seconded. Motion carried unanimously. Ordinance - Solano Rezone R-3 to R-4 (Z 2020-004) Mr. White explained the purpose and process of the proposed rezone. Mr. Maloney asked if this rezone will cause any traffic issues within the area. Mr. White stated that traffic issues will be addressed at the project level but a preliminary review indicates that the current streets system should accommodate the zoning change. MOTION: Mr. Serrano moved to adopt Ordinance No. 4506, rezoning a parcel located at 909 N 3rd Avenue from R-3 to R-4, and further, Page 4 of 6 Page 13 of 235 authorize publication by summary only. Mr. Milne seconded. Motion carried unanimously. Resolution - PWRF Embankment Repair Construction Contract with Apollo Inc. Mr. Worley explained the need for the embankment repair to be completed before January 2021 for the storage pond. Mr. Maloney asked for more detailed explanation of what happened to cause the break and Mr. Worley explained what occurred that caused the break. MOTION: Mr. Maloney moved to approve Resolution No. 4013, and further authorize the City Manager to execute the construction contract with Apollo Inc. for the PWRF Embankment Repair project. Ms. Roach seconded. Motion carried unanimously. Resolution - Bid Award for Road 36 Lift Station Upgrades Project Mr. Worley introduced Ms. Serra who provided a brief report of the proposed Lift Station upgrades. MOTION: Mr. Alvarado moved to approve Resolution No. 4014, awarding the Road 36 Lift Station Upgrades project to Pipe of Washington (P.O.W.) Contracting, Inc. of Pasco, Washington in the amount of $593,684.81, including Washington State Sales Tax, and further authorize the City Manager to execute the contract documents. Mr. Maloney seconded. Motion carried unanimously. Resolution - NW Sewer LID No. 151 - Easement Purchase Mr. Worley provided a brief overview of the easement purchase for the NW Sewer Local Improvement District (LID) No. 151. MOTION: Mr. Alvarado moved to approve Resolution No. 4015, authorizing the City Manager to execute the easement agreements for the Northwest Area Sewer LID Project. Mr. Serrano seconded. Motion carried unanimously. UNFINISHED BUSINESS: 2020 Fireworks Display Contract Mr. Ratkai provided an update to Council regarding the 2020 Fireworks contract. He noted the other City events scheduled in December 2020, which includes the Lampson Cable Bridge Run and the annual Winterfest, as well as the reallocation of Parks & Recreation staff to other departments due to COVID-19 pandemic issues. Page 5 of 6 Page 14 of 235 MOTION: Mr. Alvarado moved to direct staff to cancel the 2020 Fireworks Contract, electing to move forward with a July 4, 2021 date under a new contract. Mr. Serrano seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION Chief Gear updated Council on the COVID-19 testing at the CBC Test site noting the recent record breaking number of tests performed at that site. He also announced the average wait time is currently about 15 -20 minutes and that starting on November 24, the test samples will be forwarded to the University of Washington twice a day, which will reduce the time it takes to get results. Lastly, he expressed concern about number of positive COVID-19 tests and stated that it must be reduced from the current rate of 14 percent to 2-3 percent within Franklin County. Ms. Sigdel updated Council on the Utility Assistance Grant Program. Mr. Zabell expressed appreciation to City staff for the work they are doing. He commented on the continued affects of the COVID-19 pandemic as it relates to Pasco residents, businesses and how the City continues to operate while adhering to the restrictions placed on Benton and Franklin Counties by Governor Inslee. ADJOURNMENT There being no further business, the meeting was adjourned at 8:22 PM. PASSED and APPROVED this ____ day of _______, 2020. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 6 of 6 Page 15 of 235 MINUTES Remote Special Meeting 7:00 PM - Monday, November 23, 2020 GoToWebinar REMOTE MEETING INSTRUCTIONS: Governor Inslee's Proclamation No. 20-28.11, made in response to the COVID- 19 emergency, continued to prohibit members of the public from attending City meetings in-person but required agencies to provide options for the public to participate in remotely. To best comply, the City asked all members of the public that would like to comment regarding items on the agenda to fill out a form via the City’s website (www.pasco-wa.gov/publiccomment). As of 4:00 p.m. on Monday, November 23, 2020, zero (0) requests to speak was received. CALL TO ORDER: The meeting was called to order at 7:00 PM by Saul Martinez, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, Zahra Roach and Pete Serrano. Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Craig Briggs, Acting City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. NEW BUSINESS: Two Rivers Behavioral Health Recovery Center - Lee Kerr, Two Rivers Health District Superintendent Mr. Lincoln introduced Mr. Kerr, Kennewick Public Health District Page 1 of 2 Page 16 of 235 Superintendent who provided a brief presentation for the Two Rivers Health District, which explained the need for a behavioral health recovery facility within the greater Tri Cities area. Mr. Kerr requested Council's support the Two Rivers Health District to endorse a Behavioral Health Recovery Center (Center) to serve the Tri- City region. Council and Mr. Kerr discussed the proposed Center and who would be served at the Center. MOTION: Mayor Pro Tem Barajas moved to approve the City of Pasco’s support of the Two Rivers Health District’s efforts to secure funding and development a Behavioral Health Recovery Center to serve the Tri-City region and authorize the Mayor to sign the letter of support on behalf of the City Council. Ms. Roach seconded. Motion carried unanimously. Approval for DWSRF Loan application for West Pasco Water Treatment Plant Mr. Worley shared an opportunity for the City of Pasco to obtain a low - interest loan from the Washington State Department of Health. MOTION: Mayor Pro Tem Barajas moved to approve the submittal of a Drinking Water State Revolving Fund Loan application fo r the West Pasco Water Treatment Plant Expansion project for a loan amount of up to $5 million. Mr. Milne seconded. Motion carried unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:36 PM. PASSED and APPROVED this ____ day of _____________, 20__. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 2 of 2 Page 17 of 235 MINUTES Remote Workshop Meeting 7:00 PM - Monday, November 23, 2020 GoToWebinar REMOTE WORKSHOP INSTRUCTIONS The Pasco City Council Workshop was broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Call-in information to GoToWebinar for "listen-only" mode was also made available. CALL TO ORDER The meeting was called to order at 7:15 PM by Saul Martinez, Mayor. ROLL CALL Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano. Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Craig Briggs, Acting City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS Mr. Alvarado commented on the search for a new Executive Director for the Benton-Franklin Council of Governments. He also announced the recent death of a Ben Franklin Transit staff member due to COVID -19. Mr. Milne commented the Pasco School District's Sk ills & Technical Page 1 of 3 Page 18 of 235 Advisory Committee and the TRIDEC meetings he recently attended. ITEMS FOR DISCUSSION Renewal Agreement with Visit TRI-CITIES for the Promotion of Tourism Mr. Zabell explained the purpose of the proposed renewal of the Promotion of Tourism within the City of Pasco with Visit Tri-Cities and highlighted the updated language within the agreement. 2020 Proposed Budget Supplement Ms. Sigdel provided a brief overview of the 2020 supplement to the 2019-2020 Biennial Operating and Capital Improvement Projects Budgets. Continued Discussion ORDS - 2021-2022 Operating & Capital Project Budgets Mr. Zabell provided a detailed explanation to Council's questions f rom the November 16, 2020 Council Special Workshop regarding the dollar differences in the 2021-2026 Capital Improvement Plan approved in June 2020 and the proposed 2021-2022 Capital Projects Budget. Mr. Maloney commented on the materials provided within the agenda report and expressed appreciation for the additional information. Ordinance - Amend PMC 6.05.010 Definitions - Potentially Dangerous Animal Mr. Ratkai provided a brief recap and provided the recent information staff gathered that Council requested at the last time this topic was discussed and provided further explanation of the penalties and laws and the implementation of the each. Mr. Briggs provided additional information when a dangerous animal case is turned over to the City's Prosecutor's Office and the City Prosecutor's concerns related the Pasco Municipal Code. Council further discussion ensued regarding the proposed PMC amendments by striking the breed specific language and possibly making additional amendments to the PMC as recommended by the City Prosecutor. December 2020 Council Meeting Cancellations Mr. Zabell provided the dates of the Council meeting and workshops that were suggested to cancel in the month of December. Page 2 of 3 Page 19 of 235 MISCELLANEOUS COUNCIL DISCUSSION Mr. Serrano expressed appreciation to Mayor Martinez and the other three mayors located within the greater Tri-Cities area for signing a letter to the Governor's Office highlighting the needs of local businesses and request to reduce the COVID-19 restrictions for those businesses. Mayor Martinez further explained the purpose of the letter to Governor Inslee. Mr. Maloney suggested that Council develop an agenda to advocate for the local businesses. ADJOURNMENT There being no further business, the meeting was adjourned at 8:57 PM. PASSED and APPROVED this ____ day of ______________, 20__. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 3 of 3 Page 20 of 235 AGENDA REPORT FOR: City Council December 3, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 FROM: Darcy Buckley, Financial Services Manager Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 12.07.20 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $5,179,271.14 ($4,051,638.31 in Check Nos. 238530-238962; $316,907.92 in Electronic Transfer Nos. 829959-830013, 830018- 830039, 830051-830090, 830092, 830095-830132, 830135-830178; $15,853.29 in Check 53474Nos. -30154751Nos. Transfer Electronic 53495; $791,581.08 in - 30155264; $3,290.54 in Electronic Transfer No. 731). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 21 of 235 REPORTING PERIOD: December 7, 2020 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 238530-238962 53474-53495 Total Check Amount $4,051,638.31 $15,853.29 Total Checks 4,067,491.60$ Electronic Transfer Numbers 829959-830013 30154751-30155264 731 830018-830039 830051-830090 830092 830095-830132 830135-830178 Total EFT Amount $316,907.92 $791,581.08 $3,290.54 $0.00 Total EFTs 1,111,779.54$ Grand Total 5,179,271.14$ Councilmember 1,184,002.59 78,611.61 44,480.89 0.00 2,881.67 32,609.99 6,946.08 3,329.82 77,801.18 1,418.51 2,875.73 1,019.67 15,102.92 0.00 8,813.55 14,583.33 0.00 25,876.19 158.76 HOTEL/MOTEL EXCISE TAX 12,714.03 0.00 1,443,670.47 1,138,728.67 44,517.16 5,787.66 1,033,340.66 GRAND TOTAL ALL FUNDS:5,179,271.14$ PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Darcy Buckley, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 7th day of December, 2020 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET The City Council November 12 - December 2, 2020 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved Page 22 of 235 AGENDA REPORT FOR: City Council November 30, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 FROM: Dave Zabell, City Manager Executive SUBJECT: Ordinance - PMC Amendment Section 3.15.010 - TPA Rate Change I. REFERENCE(S): Ordinance Resolution No. 4009 - Second Amendment to Interlocal Agreement for the Tourism Promotion Area II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Ordinance No. ____, authorizing a change in special lodging assessment to three dollars per night and, further, authorize publication by summary only. III. FISCAL IMPACT: Neutral IV. HISTORY AND FACTS BRIEF: In 2004, the Cities of Kennewick, Pasco and Richland, as urged by Visit Tri-Cities (formerly known as the Visitor and Convention Bureau), 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 (ILA) for establishment of Tri-City Regional Promotion Area to reflect that change. Page 23 of 235 Earlier this year, the Washington State Legislature approved an amendment of RCW Chapter 35.101 by adding 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. V. DISCUSSION: The Cities of Richland and Kennewick approved the ILA Amendment and levy rate change at their October 20 and November 3, 2020 meetings respectively. At the November 16, 2020 regular meeting, City Council approved Resolution No. 4009 for the second amendment to Interlocal Agreement for the Tourism Promotion Area. Approval of the second amendment obligated the City to levy the $3 per night special lodging assessment on the operators of lodging businesses within Pasco. Staff recommends approval of the rate change. Page 24 of 235 Ordinance - Amending PMC 3.15.010 - 1 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING SECTION 3.15.010 “AUTHORIZATION OF SPECIAL LODGING ASSESSMENT” INCREASING THE ASSESSMENT FROM $2.00 PER NIGHT OF STAY TO $3.00 PER NIGHT OF STAY. WHEREAS, the Councils of the cities of Kennewick, Richland and Pasco have contemporaneously herewith, adopted the Second Amendment to the Interlocal Cooperation Agreement for Establishment of Tri-City Regional Tourism Promotion Area to allow for an increase in Special Lodging Assessment; WHEREAS, based upon the recommendation from the Tri-City Regional Hotel-Motel Commission for the increase of the Special Lodging Assessment from $2.00 per night of stay to $3.00 per night of stay, the Council desires to adopt that recommendation; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Section 3.15.010 entitled “Authorization of Special Lodging Assessment” of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 3.15.010 AUTHORIZATION OF SPECIAL LODGING ASSESSMENT. There is hereby assessed pursuant to RCW 35.101.050, a special lodging assessment as a charge for the furnishing of lodging by lodging businesses located within the Pasco Tourism Promotion Area in the amount of: (1) Two Three dollars per night of stay at each Class A lodging business as defined PMC 3.15.020(1). (2) No charge per night of stay at each Class B lodging business as defined in PMC 3.15.020(2). Section 2. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 25 of 235 Ordinance - Amending PMC 3.15.010 - 2 PASSED by the City Council of the City of Pasco, Washington, this day of , . Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ____________________________ Page 26 of 235 RESOLUTION NO. 4009 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 I st 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 3 5. 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 Resolution — 2nd Amendment to TCRTPA ILA for Levy Increase- I Page 27 of 235 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 16th day of November, 2020. Saul Martinez Mayor ATTEST: Debra ar am, CMC City Clerk APPROVED AS TO FORM: Kerr Ferg on LC City Attorney Resolution — 2"d Amendment to TCRTPA ILA for Levy Increase- 2 Page 28 of 235 EXHIBIT 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 BY THIS SECOND AMENDMENT to that Interlocal Cooperation Agreement for Establishment of Tri -City Regional Promotion Area dated the 1 st 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 Second Amendment to Interlocal Cooperation Agreement - 1 Page 29 of 235 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 1. 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 1 st 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 52020. CITY OF KENNEWICK Attest: Don Britain, Mayor Terri L. Wright, CMC, City Clerk Approved as to form: Lisa Beaton, City Attorney Second Amendment to Interlocal Cooperation Agreement - 2 Page 30 of 235 CITY OF PASCO By: Attest: Saul Martinez, Mayor Debby Barham, CMC City Clerk Approved as to form: Kerr Ferguson Law, PLLC City Attorney CITY OF RICHLAND U0.2 Attest: Ryan Lukson, Mayor Jennifer Rogers, City Clerk Approved as to form: Heather Kintzley, City Attorney Second Amendment to Interlocal Cooperation Agreement - 3 Page 31 of 235 AGENDA REPORT FOR: City Council November 30, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 FROM: Dave Zabell, City Manager Executive SUBJECT: Renewal Agreement with Visit Tri-Cities for the Promotion of Tourism Management I. REFERENCE(S): Renewal Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Renewal Agreement with Visit Tri-Cities for the management of the Promotion of Tourism and, further, authorize the City Manager to execute the agreement. III. FISCAL IMPACT: Unknown, dependent on economic recovery of tourism industry. IV. HISTORY AND FACTS BRIEF: By way of individual agreements with the Cities of Kennewick, Pasco, and Richland, promotional services have been contracted through the Tri-Cities Visitor & Convention Bureau (Visit Tri-Cities) since the Tourism Promotion Area formation in 2004. Through this agreement, the City of Pasco receives a multi-faceted approach to marketing Pasco to visitors, business investors, and those looking to relocate. Further, Visit Tri-Cities dedicates resources to focus on increasing tourism related to sports, business travel, and leisure. To provide promotion of tourism, Visit Tri-Cities receives 50% of the annual average hotel/motel tax receipts collected from the first 2% levied for the five-year period immediately preceding each year of the contract period for its services in promoting tourism. The current agreement with Visit Tri-Cities expires December 31, 2020. Page 32 of 235 V. DISCUSSION: The attached renewal agreement mirrors as the current agreement with the exception that a provision was added to address economic downturns. The COVID-19 pandemic has severely impacted the tourism industry, a slow recovery could have lasting impacts on the availability of services to promote the Tri-Cities as a destination for conventions and sporting tournaments in the future. The added provision (Section II) would trigger a joint conversation between all parties (Cities and Visit Tri-Cities) in the event of an economic downturn resulting in a decrease of 15% or more in hotel/motel taxes over a period of (6) months. The renewal agreement was negotiated among the TPA cities and Visit Tri-Cities. The Cities of Richland and Kennewick approved the renewal agreement at their October 20 and November 3, 2020 meetings respectively. Staff recommends City Council approval of the renewal agreement. Page 33 of 235 Renewal Agreement for the Promotion of Tourism - Page 1 RENEWAL AGREEMENT FOR THE PROMOTION OF TOURISM THIS RENEWAL AGREEMENT is entered into between the CITY OF PASCO, a municipal corporation, hereinafter referred to as the "City", and the TRI-CITIES VISITOR AND CONVENTION BUREAU, a Washington non-profit corporation, doing business as "Visit TRI- CITIES," hereinafter referred to as the "Bureau." IN CONSIDERATION of the mutual covenants as set forth herein, the parties agree as follows: I. The Bureau agrees to perform promotional services for the City including, but not limited to, advertising, publicizing and otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion to and within the City. In providing such services the Bureau shall: 1. Develop and implement a marketing and promotional plan that advertises and promotes the Tri-Cities and the City for the purpose of attracting visitors. Appropriate activities would include the production and distribution of a visitor guide, brochures, participation in travel shows, conducting advertising campaigns and other activities designed to promote the attractions of this area in targeted markets. 2. Manage and execute a comprehensive website and digital marketing campaigns designed to educate travelers, drive demand, assist local businesses in staff recruitment & relocation efforts, and complement City economic development strategies. 3. Provide City staff with accurate and detailed information on tourism statistics including but not limited to hotel occupancies, economic impact figures, and group histories to support the City's efforts to recruit businesses within the hospitality industry. 4. Act as a membership organization and liaison to small businesses located in the City of Pasco that are dependent on tourism spending for financial success. 5. Solicit convention business and sports tournaments for the Tri-Cities and the City at the regional and state level through activities such as: A. Making contact with convention and sports planners and executives of organizations and groups to solicit sports, meetings and conventions in the Tri-Cities and the City. B. Researching convention and sports leads and contacting convention representatives of association groups and tournament representatives of sports groups, promoting the Tri-Cities and the City and offering Page 34 of 235 Renewal Agreement for the Promotion of Tourism - Page 2 convention and sports planning assistance. C. Preparing and distributing invitational convention and sports bid packets including information on the Tri-Cities and the City and the convention and sports facilities available therein. 6. Provide prospective sports organization and convention representatives with familiarization tours of venues and convention hotel facilities in the Tri-Cities and the City for the purpose of assisting in the selection of a hotel(s) and/or other venues in which to hold sports tournaments, conventions and meetings. 7. Provide convention chairpersons and/or association executives and sports tournament directors with a bid packet and a planner's workbook to assist in planning conventions and/or sports tournaments. 8. Assist future conventions and sporting events in maximizing attendance through pre-event promotion. Produce promotional videos, collateral material, press releases, display booths and marketing materials to be used twelve to eighteen months prior to the event to increase awareness and create enthusiasm for attendance at Tri-Cities events. 9. Operate a visitor information center in the Tri-Cities to promote the Tri-Cities as a destination of choice and encourage visitors to enjoy local attractions and amenities, driving economic impact. 10. Include advertising material in promotional packets and other releases promoting regular tourism related Tri-City activities and events. 11. Reserve a seat on the Bureau's Board of Directors for representation by the City Manager or City Council Member. 12. Specific activities to be undertaken by the Bureau each year reflecting actions to be taken in the above-noted categories of service shall be detailed in an annual work plan. The work plan will be presented to the City for approval in March of each year. II. For the services herein contemplated and more fully described in the annual work plan, the City agrees to pay the Bureau fifty percent (50%) of the annual average hotel/motel tax receipts of the City collected from the first two percent (2%) levied for the five-year period immediately preceding each year of the contract period. The Bureau shall invoice the City for such services on a monthly basis on the 1st of each month for the services provided the month prior. 1. Provision for Economic Downturn: In the event of an economic downturn wherein there is a -15% decline in hotel/motel taxes over a period of six months the parties agree to a payment for services as described herein. Page 35 of 235 Renewal Agreement for the Promotion of Tourism - Page 3 A. The base for comparison will be the same six-month period during the prior year, or the average of 2017, 2018 and 2019 (whichever is greater). B. The -15% reduction in hotel/motel taxes will trigger a joint conversation between all parties to this contract to establish, in good faith, a mutually agreeable annual contract payment amount. C. Should the parties be unable to come to an agreement the annual contract payment will be adjusted by the same percentage decline experienced over the six-month period identified above. D. The duration of Payment Adjustment will be a minimum of six months, a new calculation will be performed at the end of six months to determine if another six- month adjustment is warranted. If not, normal payment amounts will resume under the normal contract payment amount and be the basis for monthly invoices from the Bureau. 2. Future Annual Contract Payment Calculations: For purposes of calculating the five- year average used to determine the annual contract payment, the annual hotel/motel tax amount for any year in which the provision for an economic downturn is enacted will be replaced with the prior year’s annual hotel/motel tax, assuming it is a higher amount, and would serve as the adjusted future annual contract payment amount supporting the basis for monthly invoices from the Bureau. 3. Reporting: On or before August 15 each year, the Bureau shall deliver a mid-year review and provide a written status report detailing the services provided and the activities and accomplishments of the Bureau. A formal presentation to the City Council will be made if requested. III. Pursuant to the governing statute, (Ch. 67.28 RCW), restrictions have been placed on the use of hotel/motel tax funds as set forth in relevant part as follows: “... used solely for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism- related facilities, or operation of tourism-related facilities." RCW 67.28.1815 Funding is conditioned upon the Bureau entering into this Agreement setting forth the purposes for which the funds will be used, providing a procedure for a project-end accounting and insuring compliance with the statute. To this end, the parties agree as follows: 1. The Bureau agrees to expend such funds to promote tourism in compliance with Ch. 67.28 RCW. 2. At the conclusion of the calendar year, the Bureau shall provide a complete accounting of the expended funds and the purposes therefore. Page 36 of 235 Renewal Agreement for the Promotion of Tourism - Page 4 3. In the event the accounting indicates that funds were used for purposes not permitted by law, the Bureau shall, within 30 days of notification by City to the Bureau of such improper expenditures, remit the disallowed amount back to the City. 4. The Bureau shall maintain accurate records, regarding expenditure of funds related to its purpose of promoting tourism in compliance with RCW 67.28, to support its annual accounting for a calendar year, which shall be subject to inspection by the City upon 30 days’ notice of its intent to inspect the same. 5. Failing of the Bureau to either provide the accounting or remit disallowed funds as required herein shall constitute a breach of this Agreement. The remedies available to the City shall include but not be limited to, return of all funds delivered to the Bureau and denial of the right of the Bureau to apply for any future funding. 6. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. IV. This Agreement shall be effective on January 1, 2021, and shall expire on December 31, 2025; provided, however, the City may terminate the Agreement with at least one (1) year written notice delivered to the Bureau. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed this _____ day of ___________________, 2020. CITY OF PASCO: APPROVED AS TO FORM: __________________________________ _________________________________ Saul Martinez Kerr Ferguson Law, PLLC Mayor City Attorney TRI-CITIES VISITOR AND CONVENTION BUREAU, a Washington non-profit corporation d/b/a Visit Tri-Cities APPROVED AS TO FORM: ___________________________________ _________________________________ Michael Novakovich, President & CEO Kerr Ferguson Law, PLLC Page 37 of 235 AGENDA REPORT FOR: City Council December 1, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 FROM: Dave Zabell, City Manager Executive SUBJECT: *Resolution - Ratify Emergency Order Related to COVID-19 I. REFERENCE(S): Proposed Resolution for Emergency Order No. 2020-001.1 - Extending Temporary Sign Code Revision II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4016, ratifying Emergency Order 2020- 001.1, relating to extending temporary sign usage within the Pasco Municipal Code. III. FISCAL IMPACT: Unknown at this time. IV. HISTORY AND FACTS BRIEF: On March 16, 2020, Mayor Martinez proclaimed the existence of a civil emergency pursuant to PMC 2.55.010 due to the COVID-19 emergency, which has caused a world-wide pandemic. In the context presented, the purpose of emergency orders (EO) is to provide appropriate flexibility to the public in matters related to City rules, regulations and laws during an emergency. V. DISCUSSION: A version of the subject EO was first ratified in March and has been extended by Mayor Martinez. In that the COVID-19 pandemic and associated health and safety mitigations continue to fluctuate and are difficult to predict, the EO has been revised such that it will remain in effect until pandemic related restrictions on indoor seating are completely lifted, or unless terminated or otherwise amended by separate written Page 38 of 235 order. While the Mayor has the authority to issue an EO during a declared emergency, EOs require ratification of the City Council by resolution at their next available regular meeting. Staff recommends Council confirm the ratification of the emergency order through the approval of the attached resolution. Page 39 of 235 Resolution – Emergency Order No. 2020-001.1 for Temporary Sign Code RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO RATIFYING THE EMERGENCY ORDER NO. 2020-001.1 RELATED TO TEMPORARY SIGN USAGE WITHIN THE PASCO MUNICIPAL CODE. WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil emergency pursuant to PMC 2.55.010 due to the COVID-19 emergency, which has caused a world-wide pandemic; and WHEREAS, the purpose of the emergency order allows the City, including its businesses and community members, to continue to conduct business, ensuring that the safety of everyone is secured, while maintaining the needed services for all; and WHEREAS, the Pasco Municipal Code Section 2.55.020 (2) states that any such (emergency) orders shall, at the next regular or special meeting of the City Council, following the date the orders are issued, be presented to the City Council for ratification and confirmation by resolution of the City Council and if not so ratified and confirmed, shall be of no further effect. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Be It Resolved, that the City Council confirms and ratifies Emergency Order 2020-001.1 related to the Temporary Sign Code as presented in EXHIBIT A, attached hereto, and Be It Further Resolved, that this Resolution takes effect the date Emergency Order 2020-001.1 was signed by the Mayor of Pasco, Washington. PASSED by the City Council of the City of Pasco, Washington this ___ day of December, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 40 of 235 OFFICE OF THE MAYOR (509) 545-3404 FAX (509) 545-3403 P.O. Box 293 525 North 3rd Ave. Pasco, WA 99301 www.pasco-wa.gov Emergency Order No. 2020-001.1 1 Emergency Order No. 2020-001.1 Temporary Signs WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary, Alex Azar declared a public emergency for the novel coronavirus (COVID-19) beginning on January 27, 2020; and WHEREAS, on February 29, 2020, Governor Jay Inslee signed a Proclamation declaring a State of Emergency exists in all counties in the State of Washington due to the number of confirmed cases of COVID-19 in the state and directed that plans and procedures of the Washington State Comprehensive Emergency Management Plan be implemented; and WHEREAS, beginning on March 11, 2020, the President of the United States, Donald J. Trump, directed the Federal Government to take numerous emergency measures to address the unprecedented nature of this public health crisis, including restrictions on all foreign travel outside United States of America due to the number of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 15, 2020, Governor Jay Inslee announced the temporary closure of all restaurants statewide, except for take-away and delivery orders; and WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil emergency pursuant to PMC 2.55.010; and WHEREAS, on March 17, 2020, the Department of Public Health of Benton and Franklin County announced the first local case of COVID-19; and WHEREAS, as the COVID-19 emergency worsens, there is an increasing likelihood that City residents will be exposed to the virus; and WHEREAS, on October 14, 2020, Governor Jay Inslee announced Franklin County was approved to advance to Phase 2 of the Safe Start Washington Plan, permitting indoor and outdoor capacity be limited to 50%; and WHEREAS, on November 15, 2020, Governor Jay Inslee announced a subsequent temporary closure of all restaurants statewide, except for take-away and delivery orders, and outdoor dining capacity as is consistent with the Outdoor Dining Guidance; and WHEREAS, PMC 17.15.010 and PMC 17.15.020 limit Pasco businesses’ ability to advertise with temporary signs; and Page 41 of 235 Emergency Order No. 2020-001 2 WHEREAS, to prevent excessive economic harm to local businesses, it is necessary to allow restaurants to advertise their continued ability to satisfy take-out and/or delivery orders and outdoor dining; and WHEREAS, the residents and businesses of Pasco rely on restaurants located within the City to provide high quality food and it is in the interests of public health and morale that eating establishments remain open to the extent possible during the current emergency. NOW, THEREFORE, I, Saul Martinez, Mayor of the City of Pasco, ORDER under the emergency powers granted to me under the Proclamation of Emergency that: 1. The above recitals are true and correct in all respects; 2. The sign code provisions of PMC 17.15.010 and PMC 17.15.020 and any other provisions of the Pasco Municipal Code as they relate to temporary sign advertisements for takeout and delivery food, and outdoor dining, are hereby suspended. 3. The City Manager is hereby charged with establishing administrative processes and standards to provide for such temporary signing. 4. This Order shall be in effect until 100% indoor occupancy is achieved, as amended, unless extended or terminated by separate written order. DATED this 3rd day of December, 2020. _________________________________ Saul Martinez, Mayor Attest: _________________________________ Debra Barham, CMC City Clerk Page 42 of 235 AGENDA REPORT FOR: City Council November 30, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 FROM: Dave Zabell, City Manager Executive SUBJECT: December 2020 Council Meeting Cancellations I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the cancellation of the December 14 and 28 Council Workshop Meetings and December 21 Council Regular Meeting. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The City Council has historically cancelled the second regular December meeting of the City Council and the two December workshop meetings. When there has been a need to meet, a special meeting has been scheduled at the convenience of the Council. The Council agendas for the October and November meetings were increased, as well as the agenda for tonight's meeting to bring to conclusion the 2020 Council work plan. V. DISCUSSION: The meeting and workshop dates for December include the December 21 regular meeting and December 14 and 28 workshops. There are no items pending for these dates. Based on Council discussion on the November 23 workshop meeting, staff recommends City Council approval of the motion before them tonight. Page 43 of 235 AGENDA REPORT FOR: City Council November 30, 2020 TO: Dave Zabell, City Manager Zach Ratkai, Administrative & Community Services Director Remote Regular Meeting: 12/7/20 FROM: Debby Barham, City Clerk Administrative & Community Services SUBJECT: Inclusion, Diversity & Equity Commission Appointment I. REFERENCE(S): Resolution No. 3388 - Appointments to Boards & Commissions Candidate Application Packet - Council only II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to confirm the Mayor's appointment of Carly Coburn to the Inclusion, Diversity & Equity Commission to Position No. 7 with a term ending on December 31, 2021. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The City Council established the Inclusion, Diversity & Equity Commission (IDEC) in February of 2018, to reinforce the City’s commitment to being an Inclusive City and creating a community Inclusivity Commission. In establishing the Commission, Council set a specific set of goals and sunset date for the IDEC. Due to the extent of the task and the impacts of COVID on the Commission's ability to conduct outreach, progress has been delayed. The Council recently extended the term of the Commission and the Commissioners to December 31, 2020. Due to a lack of attendance, an IDEC vacancy exists. V. DISCUSSION: Page 44 of 235 A Council subcommittee was convened by the Mayor on November 23, 2020 to review candidate applications for the Commission. Following the Council subcommittee review of the candidate packets, Mayor Martinez is recommending the appointment of Carly Coburn to Position No. 7 and is seeking Council's confirmation of the appointment. Page 45 of 235 RESOLUTION NO. ` A RESOLUTION Providing a Process for Appointments to City Boards and Commissions. WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of municipal services as well as to advise the City Council in making various policy decisions; and WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and WHEREAS, the Mayor and City Council desire to establish an appointment process which is more collaborative yet efficient for both the applicants and City Council alike;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS FOLLOWS: Section 1: Applications for city boards and commissions shall be solicited annually by the City Manager on behalf of the City Council. Section 2: All applications received by the City Manager shall be reviewed by a City Council committee appointed by the Mayor; such committee, to be known as the "Appointment Screening Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The Appointment Screening Committee shall select those applicants it deems best suited for the respective board/commission but not more than three applicants for each vacancy to be filled. The Appointment Screening Committee shall consider the following factors in making their selections for further consideration: a) Geographic representation; b) Gender representation; c) Ethnic representation; d) Familial and financial relationships of board members Section 3: Those applicants selected by the Appointment Screening Committee shall be interviewed by the City Council during a public meeting; provided, however, the Screening Committee may recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent has •-- • - - -•served not more than two consecutive• terms since the last interview. At a City Council meeting following such interview, an interviewed candidate shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting shall be required to confirm the Mayor's appointments. Section 4: Any prior resolutions of the City Council in conflict with the provisions of this resolution shall be superseded by this resolution. PAS D by the City Council ity of Pasco at its regular meeting this 16th day of April, 2012. Matt Watkins, Mayor T T: f APP'S AS TO FORM: Debra Clark,City Clerk Leland B. Kerr, City Attorney Page 46 of 235 AGENDA REPORT FOR: City Council October 14, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 FROM: Richa Sigdel, Finance Director Finance SUBJECT: General Fund Monthly Report - October 2020 I. REFERENCE(S): General Fund Report II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: N/A III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Attached is the monthly financial update through September regarding the General Fund, the City's major fund. The administration provides quarterly reports to Council for other non-major funds. V. DISCUSSION: There are no major variance(s) to the approved budget anticipated at this date beyond those identified in the report which are consistent with what has been reported through the budget development process. Council has received considerable analysis and reporting over the past several weeks as part of the 2021/2022 biennial budget process and 2019/2020 supplemental budget process. As a reminder, while expenditures are largely within appropriations, most expenditures associated with the pandemic response were not anticipated. Response to the pandemic forced a shift in priorities that has impacted organizational capacity to fully execute on the budgeted work plan. Further, economic support in the form of unemployment benefits, CARES Act, and other Federal and State support have helped to blunt the Page 47 of 235 anticipated adverse financial impact to several revenue streams. Unique local consumer trends during the pandemic and very strong construction activity during this period have resulted in stronger sales revenue than previously anticipated. Going forward, with federal unemployment benefits now lessening and mitigation measures imposed to address rising COVID-19 case numbers are serving to create a degree of uncertainty such that staff anticipates an adverse impact on some general fund revenues. Beyond new federally mandated benefits, there are additional expenses relating to personal protective equipment, unplanned technology costs to provide for increased connectivity, separation of the workforce by providing workspace alternatives, and increased housekeeping efforts to maintain a safe workplace for employees required to be on the job to perform their duties, all of which will impact overall expenditures. Staff continues to review all expenses to reduce expenditures where possible, a fact that is evident from the expense rate being lower than elapsed time. Furthermore, COVID-19 specific federal and state mandates have and will continue to increase costs, reduce efficiency and organizational capacity. On the revenue side, the City received an allocation of $3.4 million in pass-through funding from the federal CARES Act. These funds will be available for reimbursement through the Washington State Department of Commerce and are intended to reimburse the City for costs relating to the management of COVID-19; however, do not allow for provisions to mitigate revenue shortfalls attributable to the pandemic and the Stay Home, Stay Healthy limitations on commerce. Of this $3.4 million, Council has authorized to allow up to $1.0 million to be granted to small businesses for economic support and $400K for utility assistance to City's utility customers. The Council and Administrations prior efforts to build up and maintain healthy reserves has positioned the City well to maintain service levels and avoid the need to incur debt within the budget period, even in the midst of an economic downturn. Staff is not anticipating cash flow issues at this point in time. Staff will present actual revenue and expense for 2019-2020 biennium in mid-February 2021. Contracts over $100,000 and under $300,000 executed administratively in the month of October and donations to the City are included in this report. Page 48 of 235 $0$20,000$40,000$60,000$80,000$100,000$120,000$140,000Jan 2019Feb 2019Mar 2019Apr 2019May 2019Jun 2019Jul 2019Aug 2019Sep 2019Oct 2019Nov 2019Dec 2019Jan 2020Feb 2020Mar 2020Apr 2020May 2020Jun 2020Jul 2020Aug 2020Sep 2020Oct 2020Nov 2020Dec 2020Thousands2019-2020 Cumulative General Fund Revenue & Expenditures2019-2020 Cumulative Revenue2019-2020 Cumulative ExpensePage 49 of 235 Fund NameFund DescriptionReport MonthOctober, 2020Elapsed Time91%2017 Actual 2018 Actual2019-2020 Adjusted Budget2019-2020 Actual2019-2020 ProjectedVariance% of Biennial BudgetCommentsRevenuesTaxesProperty 7,963,302 8,352,750 21,648,971 20,372,932 21,648,971 0 94%Sales 13,180,233 14,154,008 28,570,809 26,102,419 28,570,809 0 91% Expecting to meet or exceed budgeted revenue projections.Public Safety 1,523,723 1,661,707 3,389,400 2,996,896 3,389,400 0 88%Utility 9,409,979 9,585,916 19,123,919 20,278,088 21,680,677 2,556,758 106%As per direction from State Auditors Office, all B&O taxes need to be routed through General Fund. This directive was recent and needed to be implemented in 2020. No variance expected at this time but we are expecting decrease/delay in utilities receivables in 2020 and will impact this tax revenue.Other 1,252,023 1,299,862 2,397,750 1,625,157 1,747,750 -650,000 68% Preliminiary estimate of 60% decrease in tax revenue mainly related to gaming activity.Licenses & Permits 2,177,235 2,640,720 4,988,400 5,011,360 5,338,400 350,000 100% Large number of current licenses are renewed in January and February. No variance expected at this time.Intergovernmental 2,130,300 2,294,273 4,841,868 4,627,187 8,302,868 3,461,000 96% COVID-19 related grant revenue included. Expected to stay on track.Charges Goods & Services 6,932,637 7,385,382 15,327,718 13,525,108 15,327,718 0 88%Fines & Forfeits 788,474 943,321 1,714,200 1,830,579 2,114,200 400,000 107%Fines and forfeits are budgeted conservatively as traffic enforcement activity is based on availablity of resources. Electronic traffic enforcement tickets are included in this category. Net revenue of the program is $92K for this biennium.Miscellaneous 657,342 1,731,200 2,198,950 2,613,191 2,863,950 665,000 119% Revenue mostly includes property sales revenue that cannot be predicted for 2020.Debt & Transfer In 638,000 232,298 22,455,200 20,613,962 24,455,200 2,000,000 92% All debt proceed revenue received for the biennial period. Long Term investment on Chapel Hill LID, GESA Stadium and Animal Shelter transfer. Early payments of Total Revenues 46,653,248 50,281,437 126,657,185 119,596,878 135,439,943 8,782,758 88%ExpendituresCity Council 111,918 124,533 260,540 213,937 260,540 0 82%Municipal Court 1,458,682 1,504,212 3,252,697 2,889,992 3,252,697 0 89%City Manager 1,709,640 1,635,045 3,806,136 2,494,073 3,806,136 0 66% Labor and non-labor items expected to be expended during 2020. Spending will be based on overall economic impacts of COVID.Police 16,497,955 16,565,400 36,324,184 31,142,463 36,324,184 0 86%Fire 7,660,554 7,874,894 16,062,340 14,601,384 16,062,340 0 91%Administrative & Community Services 7,370,500 7,502,803 16,497,814 13,677,137 16,497,814 0 83%Community & Economic Development 1,748,053 1,916,402 3,878,345 4,094,041 4,878,345 1,000,000 106% Current expense includes $380K in grants allocated to small businesses as a part of Local CARES. Total budgeted allocation of $1.0M.Finance 2,196,310 2,270,459 5,231,873 4,621,630 5,631,873 400,000 88% Current projection includes $400K in grants allocated to utility assistance as a part of Local CARES.Engineering 1,726,983 1,555,552 3,531,421 3,086,812 3,531,421 0 87%Library 1,445,550 1,375,894 2,905,818 2,730,429 2,905,818 0 94%Non-Departmental 2,025,292 2,795,354 4,371,905 3,816,942 4,371,905 0 87%Debt & Transfer Out 3,592,619 1,914,455 29,341,750 13,519,420 31,898,508 5,656,758 46%Timing of debt payments. Transfer out is based on capital budget schedules and are not linear in nature. Variance in transfer out is related to SAO direction as stated above for utility taxes. Subsidy to Street Fund if approved by Council during the supplement budget process.Estimate COVID-192,413,000 2,013,000 0%Local CARES grant expected to expended fully with COVID-19 related costs like mandated Federal Leave, PPE, and additonal labor. Small business and utility suport grant is included in Community & Economic Development and Finance department respectively.Total Expenditures 47,544,056 47,035,003 125,464,823 96,888,260 131,834,581 9,069,758 73%Status - LaborStatus - Non LaborAnticipated Future IssueGeneral FundLargest fund within the City portfolio. Taxes are major revenue sources and Public Safety salaries and benefits are major expenses within this fund.City is expected to be on track for labor expenses. While there have been severe impact of COVID-19 pandemic to the operations of the City, much of the resources utilized to combat the pandemic were labor previously budgeted. Staff have made concerted effort to monitor overtime and other non-labor charges to minimize the impact to City's financial position.City is expected to be on track for non labor expenses. City has incurred expenses not previously budgeted to combact COVID-19, however, staff have been evaluating all non-labor expenses and delaying purchases till full impact of the pandemic is clear.Revenue and expense projection for 2020 has been a difficult effort. On a positive note, City's revenue sources have not felt severe impact of the pandemic. However, due to uncertainty of long term economic impact, it is prudent for the City to be more conservative than usual in how it expends its funds.Page 50 of 235 Recipient Contract Type Description Contract Amount Amendment Contract Total GSI Water Solutions, Inc. PSA Aquifer Storage & Recovery Feasibility Study 195,888$ 195,888$ Donated By Donation Type DescriptionValueYakima Herald Republic In-Kind Scarecrow to Go advertising300$ GESA Credit Union Cash HalloWeekend Cinema 2,600$ GESA Credit Union Cash Drive-Thru Trunk or Treat 800$ City of Pasco Monthly Tracking Report of Contracts/Purchases Over 100k and Under 300kCity of Pasco DonationsPage 51 of 235 AGENDA REPORT FOR: City Council January 2, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 FROM: Richa Sigdel, Finance Director Finance SUBJECT: *Resolution - Segregation of Local Improvement District (LID) Assessment I. REFERENCE(S): Resolution Exhibit A, B, C, and D II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, relating to Local Improvement District No. 150; providing for the segregation of assessments for certain parcels consistent with RCW 35.44.410; and, ratifying and confirming prior acts. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On August 20, 2018, the Council created Local Improvement District a (LID) No. 150 to finance the cost of constructing Chapel Hill Boulevard improvements. The final assessment roll for LID No. 150 was confirmed and approved on April 1, 2019. Subsequent to the final assessment roll confirmation, a number of properties within the LID have been subdivided through final plat approval. V. DISCUSSION: State law requires that the Council approve the segregation of LID assessments in the event of a subdivision of property within the LID. Council determines that assessments against the subdivided parcels may be assessed as nearly as possible on the same basis as the original assessments were levied, and the total of the segregated parts of the assessment equals the assessment amounts before segregation. Based on the recommendations of bond counsel and consistency with State law, the staff is Page 52 of 235 recommending approval of the segregation of four parcels associated with LID No. 150 as of December 31, 2020. Page 53 of 235 Resolution – LID No. 150 Assessment Segregation - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, RELATING TO LOCAL IMPROVEMENT DISTRICT NO. 150; PROVIDING FOR THE SEGREGATION OF ASSESSMENTS FOR CERTAIN PARCELS CONSISTENT WITH RCW 35.44.410; AND, RATIFYING AND CONFIRMING PRIOR ACTS. WHEREAS, Pursuant to Ordinance No. 4393 passed on August 20, 2018, the City Council of the City of Pasco, Washington (the “City”), created Local Improvement District No. 150 (“LID No. 150”) to finance the cost of constructing Chapel Hill Boulevard improvements; and WHEREAS, the final assessment roll for LID No. 150 was confirmed by Ordinance 4429 (April 1, 2019); and WHEREAS, subsequent to the final assessment roll confirmation, a number of properties within the LID have been subdivided through final plat approval; and WHEREAS, RCW 35.44.410 provides that whenever land against which there has been levied a special assessment has been sold in part or subdivided, the legislative authority of that City has the power to order a segregation of the assessment; and WHEREAS, the City Council determines that assessments against the subdivided parcels may be assessed as nearly as possible on the same basis as the original assessments were levied, and the total of the segregated parts of the assessment equals the assessment amounts before segregation, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, as follows: Section 1. Assessment Segregations Approved. The following parcels in LID No. 150 are segregated for assessment as follows: 1.1 Tax Parcel 117-510-599: The assessment against this parcel is segregated into 33 assessments against the 33 parcels as shown on attached Exhibit A (Sorano Heights Phase 2). 1.2 Tax Parcels 117-510-700: The assessments against these parcels are segregated into 50 assessments against the 50 parcels as shown on attached Exhibit B (Sorano Heights Phase 3). 1.3 Tax Parcel 117-510-450: The assessment against this parcel is segregated into 53 assessments against the 53 parcels as shown on attached Exhibit C (Riverhawk Pointe II Phase 2). Page 54 of 235 Resolution – LID No. 150 Assessment Segregation - 2 1.4 117-511-199: The assessment against this parcel is segregated into 62 assessments against the 62 parcels as shown on attached Exhibit D (Riverhawk Pointe II Phase 3). Section 2. Administration. City staff is directed to implement this Resolution and take all actions necessary and appropriate to segregate the assessments, including recording of this Resolution, as detailed in Exhibits A, B, C, and D. Section 3. Ratification. All acts prior to and consistent with this Resolution are hereby ratified and confirmed PASSED by the City Council of the City of Pasco, Washington this 7th day of December, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 55 of 235 Exhibit A - Sorano Heights Phase 2 EXHIBIT A 117-510-599 Sorano Heights Phase 1, Tract A 248,076.75$ 25.3 Acres Subdivided into 32 lots and one tract 117-510-700 Sorano Heights Phase 2, Tract C 137,177.62$ 117-510-701 Sorano Heights Phase 2, Lot 1 4,005.17$ 117-510-702 Sorano Heights Phase 2, Lot 2 3,562.07$ 117-510-703 Sorano Heights Phase 2, Lot 3 3,474.99$ 117-510-704 Sorano Heights Phase 2, Lot 4 3,928.28$ 117-510-705 Sorano Heights Phase 2, Lot 5 3,914.24$ 117-510-706 Sorano Heights Phase 2, Lot 6 3,352.45$ 117-510-707 Sorano Heights Phase 2, Lot 7 3,368.60$ 117-510-708 Sorano Heights Phase 2, Lot 8 3,412.84$ 117-510-709 Sorano Heights Phase 2, Lot 9 3,368.60$ 117-510-710 Sorano Heights Phase 2, Lot 10 3,360.18$ 117-510-711 Sorano Heights Phase 2, Lot 11 3,918.45$ 117-510-712 Sorano Heights Phase 2, Lot 12 3,051.90$ 117-510-713 Sorano Heights Phase 2, Lot 13 3,051.90$ 117-510-714 Sorano Heights Phase 2, Lot 14 3,051.90$ 117-510-715 Sorano Heights Phase 2, Lot 15 3,121.07$ 117-510-716 Sorano Heights Phase 2, Lot 16 3,121.07$ 117-510-717 Sorano Heights Phase 2, Lot 17 3,121.07$ 117-510-718 Sorano Heights Phase 2, Lot 18 3,121.07$ 117-510-719 Sorano Heights Phase 2, Lot 19 3,128.79$ 117-510-720 Sorano Heights Phase 2, Lot 20 3,159.69$ 117-510-721 Sorano Heights Phase 2, Lot 21 3,075.07$ 117-510-722 Sorano Heights Phase 2, Lot 22 3,562.77$ 117-510-723 Sorano Heights Phase 2, Lot 23 3,597.18$ 117-510-724 Sorano Heights Phase 2, Lot 24 3,924.07$ 117-510-725 Sorano Heights Phase 2, Lot 25 3,999.91$ 117-510-726 Sorano Heights Phase 2, Lot 26 3,516.42$ 117-510-727 Sorano Heights Phase 2, Lot 27 2,877.74$ 117-510-728 Sorano Heights Phase 2, Lot 28 3,004.14$ 117-510-729 Sorano Heights Phase 2, Lot 29 3,372.11$ 117-510-730 Sorano Heights Phase 2, Lot 30 3,851.74$ 117-510-731 Sorano Heights Phase 2, Lot 31 4,671.94$ 117-510-732 Sorano Heights Phase 2, Lot 32 3,851.74$ Page 56 of 235 Exhibit B - Sorano Heights Phase 3 Exhibit B 117-510-700 Sorano Heights Phase 2, Tract C 137,177.62$ 13.99 Acres Subdivided into 49 lots and one tract 117-510-600 Sorano Heights Phase 1, Tract B 15,100.32$ 117-510-901 Sorano Heights Phase 3, Lot 1 2,216.89$ 117-510-902 Sorano Heights Phase 3, Lot 2 2,216.89$ 117-510-903 Sorano Heights Phase 3, Lot 3 2,216.89$ 117-510-904 Sorano Heights Phase 3, Lot 4 2,216.89$ 117-510-905 Sorano Heights Phase 3, Lot 5 2,216.89$ 117-510-906 Sorano Heights Phase 3, Lot 6 2,216.89$ 117-510-907 Sorano Heights Phase 3, Lot 7 2,216.89$ 117-510-908 Sorano Heights Phase 3, Lot 8 2,216.89$ 117-510-909 Sorano Heights Phase 3, Lot 9 2,919.71$ 117-510-910 Sorano Heights Phase 3, Lot 10 5,323.83$ 117-510-911 Sorano Heights Phase 3, Lot 11 2,519.17$ 117-510-912 Sorano Heights Phase 3, Lot 12 2,662.42$ 117-510-913 Sorano Heights Phase 3, Lot 13 3,073.05$ 117-510-914 Sorano Heights Phase 3, Lot 14 3,320.32$ 117-510-915 Sorano Heights Phase 3, Lot 15 3,508.76$ 117-510-916 Sorano Heights Phase 3, Lot 16 2,424.95$ 117-510-917 Sorano Heights Phase 3, Lot 17 2,246.31$ 117-510-918 Sorano Heights Phase 3, Lot 18 2,246.31$ 117-510-919 Sorano Heights Phase 3, Lot 19 2,246.31$ 117-510-920 Sorano Heights Phase 3, Lot 20 2,246.31$ 117-510-921 Sorano Heights Phase 3, Lot 21 2,246.31$ 117-510-922 Sorano Heights Phase 3, Lot 22 2,246.31$ 117-510-923 Sorano Heights Phase 3, Lot 23 2,246.31$ 117-510-924 Sorano Heights Phase 3, Lot 24 2,246.31$ 117-510-925 Sorano Heights Phase 3, Lot 25 2,948.92$ 117-510-926 Sorano Heights Phase 3, Lot 26 2,197.28$ 117-510-927 Sorano Heights Phase 3, Lot 27 2,177.67$ 117-510-928 Sorano Heights Phase 3, Lot 28 2,226.70$ 117-510-929 Sorano Heights Phase 3, Lot 29 2,197.28$ 117-510-930 Sorano Heights Phase 3, Lot 30 2,197.28$ 117-510-931 Sorano Heights Phase 3, Lot 31 2,197.28$ 117-510-932 Sorano Heights Phase 3, Lot 32 2,320.92$ 117-510-933 Sorano Heights Phase 3, Lot 33 2,320.92$ 117-510-934 Sorano Heights Phase 3, Lot 34 2,320.92$ 117-510-935 Sorano Heights Phase 3, Lot 35 2,320.92$ 117-510-936 Sorano Heights Phase 3, Lot 36 2,320.92$ 117-510-937 Sorano Heights Phase 3, Lot 37 2,444.56$ 117-510-938 Sorano Heights Phase 3, Lot 38 3,003.91$ 117-510-939 Sorano Heights Phase 3, Lot 39 3,576.90$ 117-510-940 Sorano Heights Phase 3, Lot 40 2,919.50$ 117-510-941 Sorano Heights Phase 3, Lot 41 2,340.53$ 117-510-942 Sorano Heights Phase 3, Lot 42 2,320.92$ 117-510-943 Sorano Heights Phase 3, Lot 43 2,320.92$ 117-510-944 Sorano Heights Phase 3, Lot 44 2,281.70$ 117-510-945 Sorano Heights Phase 3, Lot 45 2,301.31$ Page 57 of 235 Exhibit B - Sorano Heights Phase 3 Exhibit B 117-510-946 Sorano Heights Phase 3, Lot 46 2,320.92$ 117-510-947 Sorano Heights Phase 3, Lot 47 2,483.78$ 117-510-948 Sorano Heights Phase 3, Lot 48 2,320.92$ 117-510-949 Sorano Heights Phase 3, Lot 49 2,236.51$ Page 58 of 235 Exhibit C - Riverhawk Pointe II Phase 2 Exhibit C 117-510-450 Riverhawk Pointe II, Phase 1, Tract A 307,523.23$ 29.97 acres 117-511-199 Riverrhawk Point II, Phase 2, Tract A 183,888.59$ 117-511-200 Riverrhawk Point II, Phase 2, Tract B 18,221.08$ 117-511-201 Riverhawk Pointe II Phase 2, lot 1 2,235.72$ 117-511-202 Riverhawk Pointe II Phase 2, lot 2 2,124.02$ 117-511-203 Riverhawk Pointe II Phase 2, lot 3 2,012.07$ 117-511-204 Riverhawk Pointe II Phase 2, lot 4 2,012.07$ 117-511-205 Riverhawk Pointe II Phase 2, lot 5 2,124.02$ 117-511-206 Riverhawk Pointe II Phase 2, lot 6 2,012.07$ 117-511-207 Riverhawk Pointe II Phase 2, lot 7 2,235.72$ 117-511-208 Riverhawk Pointe II Phase 2, lot 8 2,347.42$ 117-511-209 Riverhawk Pointe II Phase 2, lot 9 2,571.06$ 117-511-210 Riverhawk Pointe II Phase 2, lot 10 2,012.07$ 117-511-211 Riverhawk Pointe II Phase 2, lot 11 2,235.72$ 117-511-212 Riverhawk Pointe II Phase 2, lot 12 2,012.07$ 117-511-213 Riverhawk Pointe II Phase 2, lot 13 2,012.07$ 117-511-214 Riverhawk Pointe II Phase 2, lot 14 2,012.07$ 117-511-215 Riverhawk Pointe II Phase 2, lot 15 2,012.07$ 117-511-216 Riverhawk Pointe II Phase 2, lot 16 2,012.07$ 117-511-217 Riverhawk Pointe II Phase 2, lot 17 2,124.02$ 117-511-218 Riverhawk Pointe II Phase 2, lot 18 2,235.72$ 117-511-219 Riverhawk Pointe II Phase 2, lot 19 1,900.37$ 117-511-220 Riverhawk Pointe II Phase 2, lot 20 1,900.37$ 117-511-221 Riverhawk Pointe II Phase 2, lot 21 1,900.37$ 117-511-222 Riverhawk Pointe II Phase 2, lot 22 1,900.37$ 117-511-223 Riverhawk Pointe II Phase 2, lot 23 1,900.37$ 117-511-224 Riverhawk Pointe II Phase 2, lot 24 1,900.37$ 117-511-225 Riverhawk Pointe II Phase 2, lot 25 1,900.37$ 117-511-226 Riverhawk Pointe II Phase 2, lot 26 1,900.37$ 117-511-227 Riverhawk Pointe II Phase 2, lot 27 1,900.37$ 117-511-228 Riverhawk Pointe II Phase 2, lot 28 2,235.72$ 117-511-229 Riverhawk Pointe II Phase 2, lot 29 2,124.02$ 117-511-230 Riverhawk Pointe II Phase 2, lot 30 2,012.07$ 117-511-231 Riverhawk Pointe II Phase 2, lot 31 2,012.07$ 117-511-232 Riverhawk Pointe II Phase 2, lot 32 2,012.07$ 117-511-233 Riverhawk Pointe II Phase 2, lot 33 2,012.07$ 117-511-234 Riverhawk Pointe II Phase 2, lot 34 2,012.07$ 117-511-235 Riverhawk Pointe II Phase 2, lot 35 2,124.02$ 117-511-236 Riverhawk Pointe II Phase 2, lot 36 2,124.02$ 117-511-237 Riverhawk Pointe II Phase 2, lot 37 2,012.07$ 117-511-238 Riverhawk Pointe II Phase 2, lot 38 2,124.02$ 117-511-239 Riverhawk Pointe II Phase 2, lot 39 2,124.02$ 117-511-240 Riverhawk Pointe II Phase 2, lot 40 2,347.42$ 117-511-241 Riverhawk Pointe II Phase 2, lot 41 2,235.72$ 117-511-242 Riverhawk Pointe II Phase 2, lot 42 2,347.42$ 117-511-243 Riverhawk Pointe II Phase 2, lot 43 1,900.37$ 117-511-244 Riverhawk Pointe II Phase 2, lot 44 1,900.37$ Subdivided into 51 lots Page 59 of 235 Exhibit C - Riverhawk Pointe II Phase 2 Exhibit C 117-511-245 Riverhawk Pointe II Phase 2, lot 45 1,900.37$ 117-511-246 Riverhawk Pointe II Phase 2, lot 46 1,900.37$ 117-511-247 Riverhawk Pointe II Phase 2, lot 47 1,900.37$ 117-511-248 Riverhawk Pointe II Phase 2, lot 48 1,900.37$ 117-511-249 Riverhawk Pointe II Phase 2, lot 49 2,012.07$ 117-511-250 Riverhawk Pointe II Phase 2, lot 50 2,235.72$ 117-511-251 Riverhawk Pointe II Phase 2, lot 51 2,459.36$ Page 60 of 235 Exhibit D - Riverhawk Pointe II Phase 3 Exhibit D 117-511-199 Riverrhawk Point II, Phase 2, Tract A 183,888.59$ 16.45 Riverhawk Pointe II Phase 3, Lot 1 3,209.18$ Riverhawk Pointe II Phase 3, Lot 2 2,888.55$ Riverhawk Pointe II Phase 3, Lot 3 2,727.67$ Riverhawk Pointe II Phase 3, Lot 4 2,727.67$ Riverhawk Pointe II Phase 3, Lot 5 2,727.67$ Riverhawk Pointe II Phase 3, Lot 6 2,727.67$ Riverhawk Pointe II Phase 3, Lot 7 2,727.67$ Riverhawk Pointe II Phase 3, Lot 8 2,727.67$ Riverhawk Pointe II Phase 3, Lot 9 2,727.67$ Riverhawk Pointe II Phase 3, Lot 10 2,727.67$ Riverhawk Pointe II Phase 3, Lot 11 2,727.67$ Riverhawk Pointe II Phase 3, Lot 12 2,727.67$ Riverhawk Pointe II Phase 3, Lot 13 3,690.58$ Riverhawk Pointe II Phase 3, Lot 14 3,369.39$ Riverhawk Pointe II Phase 3, Lot 15 3,048.86$ Riverhawk Pointe II Phase 3, Lot 16 2,888.55$ Riverhawk Pointe II Phase 3, Lot 17 3,209.18$ Riverhawk Pointe II Phase 3, Lot 18 3,048.86$ Riverhawk Pointe II Phase 3, Lot 19 3,048.86$ Riverhawk Pointe II Phase 3, Lot 20 3,048.86$ Riverhawk Pointe II Phase 3, Lot 21 3,209.18$ Riverhawk Pointe II Phase 3, Lot 22 3,048.86$ Riverhawk Pointe II Phase 3, Lot 23 2,727.67$ Riverhawk Pointe II Phase 3, Lot 24 2,727.67$ Riverhawk Pointe II Phase 3, Lot 25 2,888.55$ Riverhawk Pointe II Phase 3, Lot 26 3,048.86$ Riverhawk Pointe II Phase 3, Lot 27 2,888.55$ Riverhawk Pointe II Phase 3, Lot 28 2,727.67$ Riverhawk Pointe II Phase 3, Lot 29 2,727.67$ Riverhawk Pointe II Phase 3, Lot 30 3,209.18$ Riverhawk Pointe II Phase 3, Lot 31 2,888.55$ Riverhawk Pointe II Phase 3, Lot 32 2,888.55$ Riverhawk Pointe II Phase 3, Lot 33 2,888.55$ Riverhawk Pointe II Phase 3, Lot 34 2,888.55$ Riverhawk Pointe II Phase 3, Lot 35 2,888.55$ Riverhawk Pointe II Phase 3, Lot 36 2,888.55$ Riverhawk Pointe II Phase 3, Lot 37 2,888.55$ Riverhawk Pointe II Phase 3, Lot 38 2,888.55$ Riverhawk Pointe II Phase 3, Lot 39 2,888.55$ Riverhawk Pointe II Phase 3, Lot 40 2,888.55$ Riverhawk Pointe II Phase 3, Lot 41 3,209.18$ Riverhawk Pointe II Phase 3, Lot 42 3,209.18$ Riverhawk Pointe II Phase 3, Lot 43 2,888.55$ Riverhawk Pointe II Phase 3, Lot 44 3,048.86$ Riverhawk Pointe II Phase 3, Lot 45 3,048.86$ Riverhawk Pointe II Phase 3, Lot 46 3,048.86$ Subdivided into 62 lots Awaiting assignment of parcel numbers by Franklin County Page 61 of 235 Exhibit D - Riverhawk Pointe II Phase 3 Exhibit D Riverhawk Pointe II Phase 3, Lot 47 3,048.86$ Riverhawk Pointe II Phase 3, Lot 48 3,048.86$ Riverhawk Pointe II Phase 3, Lot 49 3,048.86$ Riverhawk Pointe II Phase 3, Lot 50 3,048.86$ Riverhawk Pointe II Phase 3, Lot 51 3,048.86$ Riverhawk Pointe II Phase 3, Lot 52 3,048.86$ Riverhawk Pointe II Phase 3, Lot 53 3,048.86$ Riverhawk Pointe II Phase 3, Lot 54 3,048.86$ Riverhawk Pointe II Phase 3, Lot 55 3,048.86$ Riverhawk Pointe II Phase 3, Lot 56 4,492.83$ Riverhawk Pointe II Phase 3, Lot 57 2,888.55$ Riverhawk Pointe II Phase 3, Lot 58 2,888.55$ Riverhawk Pointe II Phase 3, Lot 59 2,727.68$ Riverhawk Pointe II Phase 3, Lot 60 2,727.68$ Riverhawk Pointe II Phase 3, Lot 61 2,727.68$ Riverhawk Pointe II Phase 3, Lot 62 2,727.68$ Page 62 of 235 AGENDA REPORT FOR: City Council December 4, 2019 TO: Dave Zabell, City Manager Remote Workshop Meeting: 12/7/20 FROM: Richa Sigdel, Director Finance SUBJECT: Ordinances - 2019-2020 Budget Supplement I. REFERENCE(S): Proposed Ordinances PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. _____, amending the 2019 -2020 Biennial by Pasco providingCity the of of Budget Operating by thereto; supplement appropriating revenue received in excess of estimated revenues for the current year and by providing transfers and adjustment authority and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. _____, amending the 2019 -2020 Biennial Capital Budget of the City of Pasco by providing supplement thereto; and, further, authorize publication by summary only. III. FISCAL IMPACT: Revenue - Increase of $26,018,942 Expense - Increase of $18,211,173 IV. HISTORY AND FACTS BRIEF: The proposed budget supplement for revenues and expenditures includes previously reported changes to capital project schedules and budget, expense and revenue impact of COVID-19 pandemic response, as well as expenses that were unanticipated or indeterminable at the time the 2019-2020 Biennial Budget and mid-biennium adjustment was prepared. Page 63 of 235 V. DISCUSSION: The majority of adjustments to the City's funds have been previously reviewed and authorized by the Council in the form of grant authorizations, bids, and land purchase approvals. In the current process, City aggregates all budget-related actions approved by the Council throughout the year and presents them in the form of a supplement or mid-biennium adjustment, depending on the timing. With the exception of COVID-19 pandemic related activities, the 2019-2020 Biennial Budget went largely as predicted with some opportunities associated most significantly with capital projects. Other significant increases are related to accounting changes with net-zero loan of inclusion the as, interfund as funds, pertinent to impact well transactions. In total, the proposed supplement reflects increases in revenues and expenses of $26M and $18.2M respectively. Staff has added an additional $1.3M in both revenue and expense Council to presentation the Medical/Dental fund Services to on since November 23, 2020. This addition is to account for prior period adjustment to the fund; it was discovered that the City had $1.3M in excess restricted reserves, and the decision was made to reverse those restrictions on the fund. This is a balance sheet adjustment and does not reflect external transfer of funds. Staff recommends approval of the proposed ordinance. Page 64 of 235 Ordinance – 2020 Operating Budget Supplement - 1 ORDINANCE NO. _______ AN ORDINANCE AMENDING THE 2019-2020 BIENNIAL OPERATING BUDGET OF THE CITY OF PASCO BY PROVIDING SUPPLEMENT THERETO; BY APPROPRIATING REVENUE RECEIVED IN EXCESS OF ESTIMATED REVENUES FOR THE CURRENT YEAR AND BY PROVIDING TRANSFERS AND ADJUSTMENT AUTHORITY. WHEREAS, subsequent to due notice and public hearing thereon, the City Council for the City of Pasco has approved an amendment to operating budget for the 2019-2020 biennium; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. Pursuant to RCW 35A.33.120, the 2019-2020 Operating Budget be and the same is hereby amended to provide for the following adjustments to revenues, transfers in, expenditures, and transfers out b y providing authority for an y necessary transfer of money within or between funds indicated, and their subsequent impact to end fund balance. Fund Revenue Expense Net Change GENERAL FUND 8,742,000 9,001,000 (259,000) STREET 55,942 (475,000) 530,942 ARTERIAL STREET FUND (250,000) 181,000 (431,000) I-182 CORRIDOR TRAFFIC IMPACT FUND 600,000 145,000 455,000 COMMUNITY DEVELOPMENT GRANT FUND - 200,000 (200,000) M.L. KING JR. COMMUNITY CENTER FUND 7,000 31,000 (24,000) AMBULANCE SERVICES FUND 3,150,000 800,000 2,350,000 CITY VIEW CEMETERY FUND 150,000 150,000 - BOULEVARD PERPETUAL MAINTENANCE FUND 140,000 5,000 135,000 ATHLETIC PROGRAM FUND (125,000) (120,000) (5,000) GOLF COURSE (400,000) - (400,000) SENIOR CENTER OPERATING FUND (140,000) (100,000) (40,000) MULTI-MODAL FACILITY FUND - - - SCHOOL IMPACT FEES 720,000 963,000 (243,000) Page 65 of 235 Ordinance – 2020 Operating Budget Supplement - 2 RIVERSHORE TRAIL & MARINA MAINTENANCE FUND 370,000 308,000 62,000 SPECIAL LODGING ASSESSMENT FUND (150,000) (150,000) - LITTER ABATEMENT FUND - - - REVOLVING ABATEMENT FUND 185,000 (80,000) 265,000 TRAC DEVELOPMENT & OPERATING FUND - 300,000 (300,000) PARK DEVELOPMENT FUND 200,000 (615,000) 815,000 CAPITAL IMPROVEMENTS FUND REET 1ST QTR 800,000 (2,198,000) 2,998,000 ECONOMIC & INDUSTRIAL DEVELOPMENT FUND 2,000,000 2,000,000 - STADIUM / CONVENTION CENTER FUND (160,000) (195,000) 35,000 HOTEL/MOTEL EXCISE TAX (145,000) (220,000) 75,000 LID DEBT SERVICE FUND 5,300,000 800,000 4,500,000 GENERAL CAPITAL PROJECTS 500,000 500,000 - WATER / SEWER UTILITY FUND 1,574,000 4,395,173 (2,821,173) EQUIPMENT RENTAL OPERATIONS FUND - GOVERNMENT TYPE - 100,000 (100,000) EQUIPMENT RENTAL REPLACEMENT FUND - GOVERNMENT TYPE 610,000 710,000 (100,000) EQUIPMENT RENTAL REPLACEMENT FUND - PROPRIETARY TYPE 475,000 475,000 - MEDICAL/DENTAL INSURANCE FUND 1,300,000 1,300,000 - OLD FIREMEN'S PENSION TRUST FUND 510,000 - 510,000 Total 26,018,942 18,211,173 7,807,769 §2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. Page 66 of 235 Ordinance – 2020 Operating Budget Supplement - 3 §3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Adopted by the City Council of the City of Pasco, this ___ day of __________, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ___________________________ Page 67 of 235 Ordinance – 2020 Capital Projects Budget Supplement - 1 ORDINANCE NO. _____ AN ORDINANCE AMENDING THE 2019-2020 BIENNIAL CAPITAL BUDGET OF THE CITY OF PASCO. WHEREAS, staff has identified the need to make certain revisions to the 2019-2020 Capital budget; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. That the capital projects hereby authorized as detailed. The following schedule summarizes newly authorized projects as well as continuing projects and constitutes the Capital Projects Budget. Category Project Name Budget 2019- 2020 Supplement Total General Fire Station 81 Remodel 355,000 500,000 855,000 Fire Station 82 Remodel 845,000 -500,000 345,000 Fire Station 85 Addition 300,000 60,000 360,000 Training Facility Bathroom Addition 300,000 160,000 460,000 Boothe Fields Parking Lot 615,000 -615,000 0 General Total 2,415,000 -395,000 2,020,000 PWRF PWRF Primary Treatment Improvement 1,300,000 3,627,000 4,927,000 PWRF Total 1,300,000 3,627,000 4,927,000 Sewer Maitland Lift Station 143,000 51,000 194,000 Sewer Total 143,000 51,000 194,000 Transportation Wrigley Drive Extension 298,000 204,000 502,000 Argent Road Improvements - Saraceno Way to Road 36 75,000 75,000 Court Street & Road 68 Intersection Improvements 53,000 53,000 Transportation Total 298,000 332,000 630,000 Total 4,156,000 3,615,000 7,771,000 Page 68 of 235 Ordinance – 2020 Capital Projects Budget Supplement - 2 §2. This ordinance is approved at the program level as shown below. Category Project Name Budget 2019- 2020 Supplement Total General 2,415,000 -395,000 2,020,000 Process Water Reuse Facility 1,300,000 3,627,000 4,927,000 Sewer 143,000 51,000 194,000 Transportation 298,000 332,000 630,000 Total 4,156,000 3,615,000 7,771,000 §3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this day of , . Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: _____________________________ Page 69 of 235 OverviewSupplement to City’s biennial budgetEach fund is its own unit and transfers between them need to be accounted as separatetransactionsMost of supplement is related to change in capital project status Payment of debt by lien holders at a faster pace than budgetedImpacts of COVID-19 pandemic – both in revenue and expensesLocalCARES grant reimbursements will be submitted by 12/5 and will change current supplement request. Staff will make updates to ordinance when the changes are knownPage 70 of 235 General ActivityFund Revenue ExpenseTotal Operation 14,329,442.00 7,557,673.00 Total Capital (1,234,000.00) Total 14,329,442.00 6,323,673.00 Page 71 of 235 Overview – Loan, Transfer, & Subsidy ActivityFund Revenue ExpenseLID 5,300,000.00 1,300,000.00 General Fund 2,500,000.00 2,500,000.00 General Fund 1,300,000.00 - Ambulance 700,000.00 700,000.00 General Fund 700,000.00 - Marina - 242,000.00 General Fund 242,000.00 450,000.00 Economic Development 1,500,000.00 Sewer 3,000,000.00 Irrigation (815,000.00) (302,500.00) Water (302,500.00) Total9,624,500.00 9,389,500.00 Page 72 of 235 Clearance AccountsFund Revenue ExpenseSchool Impact 720,000.00 963,000.00 General Construction 500,000.00 500,000.00 Lodging (TPA) (150,000.00) (150,000.00) Total1,070,000.00 1,313,000.00 Page 73 of 235 Tourism Related FundsFund Revenue ExpenseStadium/Convention Cente(160,000.00) (195,000.00) Hotel/Motel Excise Tax (145,000.00) (220,000.00) TRAC - 300,000.00 Total(305,000.00) (115,000.00) Page 74 of 235 General Fund – Operating CostSupplement RequestRevenue +$4.0M Expense +$3.3M Revenue◦Higher than expected sales tax and building permits◦Reduced gaming and admissions taxes◦Local CARES Grant◦Accounting change to record all B&O taxes to General Fund. Net impact is 0 as revenue is transferred out to other fundsExpense◦Local CARES grant – COVID-19 related expenses Page 75 of 235 General Fund – Capital CostSupplement RequestRevenue +0.0MExpense $2.7MExpense◦Bids for Fire Station Relocation came in lower than anticipated◦Proposing usage of LTGO Bonds instead of Capital Improvement Fund (Real Estate Excise Tax) to fund following projects◦Fire Station 81 and 82 Remodel◦Training Facility Bathroom Addition◦Community CenterPage 76 of 235 General Fund – Other ActivitySupplement RequestRevenue +4.7MExpense +2.9MRevenue & Expense◦All activities are related to loan, subsidy, and transfer activity.◦Chapel Hill LID payoffs happened at a quicker rate than first anticipated.◦Other loans were previously approved by the Council but staff feels its prudent to add this tosupplement as resolution language included “Loan Authorization” and not “Budget Authorization”. ◦Some loans were not needed due to delay in capital projects for which the loan was required.Page 77 of 235 Capital Improvement Fund (REET)Supplement RequestRevenue $0.8MExpense +$2.2M Revenue◦High real estate activity in home sales and pricesExpense◦Proposing usage of LTGO Bonds instead of Capital Improvement Fund (Real Estate Excise Tax) to fund following projects◦Fire Station 81 and 82 Remodel◦Training Facility Bathroom Addition◦Community CenterPage 78 of 235 Street FundSupplement RequestRevenue +$56KExpense ($475K)Revenue◦Decrease in Motor Vehicle Fuel Taxes ◦Inability to complete overlay due to COVID-19 related restrictions◦Sale of vehicles and reimbursement on funds set aside for such vehicles added to this proposed supplementExpense◦Reduction in labor, supplies and services costs◦Will require at least $400K in subsidy from General Fund to manage impact of COVID-19 and be able to sustain emergencies in future like major snow eventPage 79 of 235 Arterial Street FundSupplement RequestRevenue ($250K)Expense +$181K Revenue◦Decrease in Motor Vehicle Fuel Taxes Expense◦Professional services cost to complete projects like Wrigley Drive, Signage & Striping at Road 68 & Burden, and Argent RoadImprovementsPage 80 of 235 I-182 Impact Fee FundSupplement RequestRevenue +$600K Expense +$145KRevenue◦Higher than anticipated growthExpense◦Lewis Street Overpass matching fundsPage 81 of 235 Martin Luther King Center FundSupplement RequestRevenue +$7KExpense +$31KRevenue◦Local CARES grant reimbursementExpense◦Higher than anticipated overhead cost allocation and COVID-19 related impacts to salary and supplies costPage 82 of 235 Ambulance FundSupplement RequestRevenue +$2.4MExpense +$100KRevenue◦GEMT Reimbursement higher than anticipated◦Local CARES grant reimbursementExpense◦COVID-19 pandemic related costs Page 83 of 235 Ambulance Fund – Other ActivitySupplement RequestRevenue +$700KExpense +$700KRevenue◦Council approved subsidy in prior years. Accounting entry/authorization needed to record subsidyExpense◦Council approved subsidy in prior years. Accounting entry/authorization needed to record subsidyPage 84 of 235 Cemetery FundSupplement RequestRevenue +$150KExpense +$150KRevenue◦Revenue higher than expectedExpense◦Expenses related to higher activityPage 85 of 235 Boulevard Maintenance FundSupplement RequestRevenue +$140KExpense +$5KRevenue◦Revenue higher than expectedExpense◦Higher than budgeted overhead cost allocationPage 86 of 235 Athletics FundSupplement RequestRevenue ($125K) Expense ($120K) Revenue◦COVID-19 pandemic paused athletics activityExpense◦Reduction of costs related to paused athletics activityPage 87 of 235 Golf Course FundSupplement RequestRevenue ($400K) Expense $0KRevenue◦COVID-19 pandemic paused activityExpense◦Reduction of costs related to paused activityPage 88 of 235 Senior Center FundSupplement RequestRevenue ($140K) Expense ($100K) Revenue◦COVID-19 pandemic paused servicesExpense◦Reduction of costs related to paused servicesPage 89 of 235 Revolve Abatement FundSupplement RequestRevenue +$185KExpense ($80K) Revenue◦Revenue higher than expectedExpense◦Less abatement activity due to COVID-19Page 90 of 235 Marina FundSupplement RequestRevenue +$370KExpense +$66KRevenue◦Insurance recovery for dock replacementExpense◦Increased overhead cost allocation due to Marina Dock replacement project in prior years.Page 91 of 235 Marina FundSupplement RequestRevenue +$0KExpense +$242KExpense◦Council approved loan in prior years. An extension of the loan will be requested on December 7thdue to cash flow issues in this fund. Page 92 of 235 Park Development FundSupplement RequestRevenue +$200KExpense ($615K) Revenue◦Higher than expected growthExpense◦Removal of Animal Shelter – Little League Parking Lot Page 93 of 235 Economic Development FundSupplement RequestRevenue +$2.0MExpense +$0.5MRevenue◦Sale of assets and reimbursement of facility cost services Expense◦Land purchase and other farm acitivitiesPage 94 of 235 Economic Development Fund – Other ActivitySupplement RequestRevenue +$0.0MExpense +$1.5MExpense◦Proposed allocation of $1.5M for Columbia East Force Main and Lift Station projectPage 95 of 235 Tourism Related FundsHAPO Center (TRAC)Expense COVID-19 Impact +$300K Stadium/Convention CenterRevenue COVID-19 Impact($160K) Expense COVID-19 Impact($195K) Hotel/Motel Excise TaxRevenue COVID-19 Impact($145K) Expense COVID-19 Impact($220K) Page 96 of 235 LID FundSupplement RequestRevenue +$5.3MExpense +$450KRevenue◦Quick payoff of LID debt by lienholders Expense◦Debt service payment at a faster rate than previously anticipated Page 97 of 235 General Construction FundSupplement RequestRevenue +$500Expense +$500KRevenue◦Revenue from other funds or grantsExpense◦Expenses related to Wrigley Drive, Lewis Street, and Training Facility BathroomPage 98 of 235 Utilities Fund -OperationsSupplement RequestRevenue +$2.7MExpense +$2.7MRevenue◦Anticipated insurance recovery for embankment failure◦Higher than anticipated revenue Expense◦Embankment repairs, payment of facilities plan, and debt service costsPage 99 of 235 Utilities Fund - CapitalSupplement RequestRevenue +$0KExpense +$1.0MExpense◦Changes to capital projects cost and schedule. Mainly $3M proposed investment from Sewer to PWRF for Columbia East Lift StationPage 100 of 235 Equipment ReplacementSupplement RequestRevenue +$1.1MExpense +$1.2MExpense◦Vehicle transfer between different funds and payback of savings to Street fund◦Increased vehicle costs as well as few unanticipated vehicle purchasesPage 101 of 235 Old Fire PensionSupplement RequestRevenue +$0.5MExpense◦Gain on sale of investments.◦Funds pension cost for pre-LEOFF firefighters.◦Internally managed investment portfolio.Page 102 of 235 Inter/Intra Fund Loans•Inter-fund loans are issued when there is a limited term need for projects/activity. Intra-fund loans are rare but usually between distinct services within funds for internal tracking purposes•Usually longer than one year and need not significant to issue external debt•Water to PWRF Fund - Intra-fund loans proposed in this budget cycle is Process Water Reuse Facility (PWRF) service if Federal and State loans are not able to be withdrawn by end of this year. Loan would be provided by other service like Water or Sewer within UtilitiePage 103 of 235 AGENDA REPORT FOR: City Council December 2, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 FROM: Richa Sigdel, Director Finance SUBJECT: Ordinances - 2021-2022 Operating & Capital Projects Budgets - Second Readings and Passage I. REFERENCE(S): 2021-2022 Preliminary Biennial Operating & Capital Improvement Budget - Link https://www.pasco-wa.gov/1104/2021-2022-Budget 2021-2022 Operating Budget Ordinance 2021-2022 Capital Projects Budget Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move for the second reading and adoption of Ordinance No. 4503, for consideration of the City of Pasco Biennial Operating Budget for 2021-2022 and, further, authorize publication by summary only. MOTION: I move for the second reading and adoption of Ordinance No. 4504, for consideration of the City of Pasco Biennial Capital Projects Budget for the Year 2021 - 2022 and, further, authorize publication by summary only. III. FISCAL IMPACT: See attached ordinances. IV. HISTORY AND FACTS BRIEF: The City Council was provided a comprehensive briefing of the 2021-2022 Preliminary Biennial Budget, along with associated policy issues, at the November 9 & 16, 2020, Council Workshops and first reading of the ordinances was given at the November 16, 2020 Council Meeting. Consistent with State statute, and in furtherance of Council's goals with respect to Page 104 of 235 transparency and providing opportunities for community engagement and input, a public hearing has been held for comment on the recommended 2021-2022 Budgets. In the interest of time, staff provided a more condensed budget presentation than was provided at the Workshops, in advance of the public hearing. V. DISCUSSION: Since the Preliminary Biennial Budget proposal on November 9 & 16, 2020, there have been no changes to the proposed budgets. Staff recommends the second reading and adoption of the ordinances approving the proposed budgets for the 2021-2022 biennium. Page 105 of 235 Ordinance – 2021-22 Operating Budget - 1 ORDINANCE NO. 4503 AN ORDINANCE ADOPTING THE CITY OF PASCO, WASHINGTON, OPERATING BUDGET FOR THE 2021-2022 BIENNIUM. WHEREAS, subsequent to due notice and public hearing thereon, the City Council for the City of Pasco has approved an operating budget for the 2021-2022 biennium. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. The following budget containing the totals set forth for each fund for the 2021 -2022 biennium is hereby adopted. FUND EXPENDITURE REVENUE GENERAL FUND $ 140,052,878 $ 140,052,878 CITY STREET FUND 4,800,575 4,800,575 ARTERIAL STREET FUND 2,072,294 2,072,294 I-182 CORRIDOR TRAFFIC IMPACT FUND 3,513,000 3,513,000 STREET OVERLAY FUND 7,811,060 7,811,060 COMMUNITY DEVELOPMENT GRANT FUND 2,769,906 2,769,906 M.L. KING JR. COMMUNITY CENTER FUND 324,517 324,517 AMBULANCE SERVICES FUND 19,358,607 19,358,607 CITY VIEW CEMETERY FUND 694,372 694,372 BOULEVARD PERPETUAL MAINTENANCE FUND 2,636,010 2,636,010 ATHLETIC PROGRAM FUND 554,880 554,880 GOLF COURSE 3,405,857 3,405,857 SENIOR CENTER OPERATING FUND 626,572 626,572 MULTI-MODAL FACILITY FUND 652,388 652,388 SCHOOL IMPACT FEES 5,214,663 5,214,663 RIVERSHORE TRAIL & MARINA MAINTENANCE FUND 19,325 19,325 SPECIAL LODGING ASSESSMENT FUND 475,000 475,000 LITTER ABATEMENT FUND 66,403 66,403 REVOLVING ABATEMENT FUND 849,903 849,903 TRAC DEVELOPMENT & OPERATING FUND 1,140,473 1,140,473 PARK DEVELOPMENT FUND 2,320,587 2,320,587 CAPITAL IMPROVEMENTS FUND REET 1ST QTR 14,390,000 14,390,000 Page 106 of 235 Ordinance – 2021-22 Operating Budget - 2 ECONOMIC & INDUSTRIAL DEVELOPMENT FUND 3,859,620 3,859,620 STADIUM / CONVENTION CENTER FUND 1,214,992 1,214,992 HOTEL/MOTEL EXCISE TAX 764,011 764,011 LID DEBT SERVICE FUND (331,626) (331,626) GENERAL CAPITAL PROJECTS 34,916,047 34,916,047 WATER / SEWER UTILITY FUND 163,218,760 163,218,760 EQUIPMENT RENTAL OPERATIONS FUND - GOVERNMENT TYPE 3,199,923 3,199,923 EQUIPMENT RENTAL OPERATIONS FUND - PROPRIETARY TYPE 264,002 264,002 EQUIPMENT RENTAL REPLACEMENT FUND - GOVERNMENT TYPE 12,474,053 12,474,053 EQUIPMENT RENTAL REPLACEMENT FUND - PROPRIETARY TYPE 6,324,196 6,324,196 MEDICAL/DENTAL INSURANCE FUND 15,513,215 15,513,215 CENTRAL STORES FUND 8,110 8,110 CITY VIEW CEMETERY ENDOWMENT 644,588 644,588 OLD FIREMEN'S PENSION TRUST FUND 3,314,597 3,314,597 OLD FIRE MEDICAL (OPEB) 3,621,950 3,621,950 GRAND TOTAL ALL FUNDS $ 462,755,708 $ 462,755,708 §2. The City of Pasco’s 2021-2022 Operating Budget shall be in full force and effect on January 1, 2021. §3. This ordinance shall take effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this 7th day of December, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: _________________________________ Page 107 of 235 Ordinance – 2021-22 Capital Projects Budget - 1 ORDINANCE NO. 4504 AN ORDINANCE ADOPTING THE CITY OF PASCO, WASHINGTON CAPITAL PROJECTS BUDGET FOR THE 2021-2022 BIENNIUM. WHEREAS, subsequent to due notice and public hearing thereon, the City Council for the City of Pasco has approved the following Capital Projects Budget for the 2021-2022 biennium NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. That the capital projects are hereby authorized as detailed. The following schedule summarizes newly authorized projects, as well as continuing projects, and constitutes the Capital Projects Budget. CAPITAL PROJECTS BUDGET FOR 2021-2022 Area/Project Name 2021-2022 Proposed Sewer $ 31,969,000 WasteWater Treatment Plant (WWTP) Improvements - Phase 1 19,660,000 Northwest Area Trunkline - Sandifur Parkway Extension to Desiree Street 3,681,000 Northwest Area Lift Station 3,250,000 WasteWater Treatment Plant (WWTP) Improvements - Phase 2 2,700,000 Court and Sylvester Sewer Main Improvement 1,500,000 Road 52 and Pearl Street Lift Station - Riverview 300,000 Southeast Industrial Trunkline 200,000 Annual Sewer Upsize - Development 200,000 Annual Sewer System Improvements - Development 200,000 Pearl Street Lift Station 144,000 Road 36 Lift Station Upgrades 134,000 Process Water Reuse Facility (PWRF) $ 31,745,000 Process Water Reuse Facility (PWRF) Primary Treatment Improvement 26,641,000 Page 108 of 235 Ordinance – 2021-22 Capital Projects Budget - 2 Columbia East Lift Station & Force Main 5,104,000 Transportation $ 26,992,000 Lewis Street Overpass 16,452,000 Citywide Traffic Controller Upgrades - Phase 2 2,870,000 Annual Pavement Preservation Program 1,777,000 Lewis Street Corridor Improvements - 2nd Avenue to 5th Avenue 1,635,000 Sandifur Parkway Widening - Road 52 to Road 60 958,000 Argent Road & Road 36 Intersection Improvements 620,000 Sylvester Street Safety Program - Phase 1 522,000 Sylvester Street Safety Program - Phase 2 476,000 Argent Road Improvements - Saraceno Way to Road 36 420,000 North Road 100 Pedestrian/Bicycle Improvements 350,000 Pedestrian/Bicycle Access Sylvester Street Overpass 300,000 Court Street & Road 68 Intersection Improvements 183,000 Burns Road Pedestrian/Bicycle Pathway - Road 100 to Road 90 152,000 Pedestrian/Bicycle Access Road 100 Interchange 120,000 Burns Road Pedestrian/Bicycle Pathway - Road 90 to Road 84 111,000 South 10th Avenue & W. Lewis Street Advanced Intersection Warning 47,000 Water $ 19,749,000 Reservoir Storage Tank 6,450,000 Butterfield Water Treatment Plant (WTP) Improvements 5,000,000 Transmission Main - West Pasco Water Treatment Plant (WPWTP) to Zone 3 2,500,000 Automated Meter Reading 1,750,000 West Pasco Water Treatment Plant (WPWTP) Improvements 1,475,000 Emergency Power Improvements 1,100,000 Water Main Replacement - Richardson Road (Road 92 to Road 96) 460,000 Page 109 of 235 Ordinance – 2021-22 Capital Projects Budget - 3 Water Main Replacement - Star Lane (Road 100 to Road 97) 235,000 Annual Water System Improvements - Development 200,000 Annual Water Upsize - Development 200,000 Water Main Extension - Alton Street (Wehe Avenue to the alley west of Owen Street) 187,000 Water Main Extension - Road 103 (Maple Street to Willow Way) 113,000 Water Main Replacement - South 18th Avenue (Court Street to WA Avenue) 79,000 Fire $ 4,158,000 Fire Station 84 Replacement 3,040,000 Fire Station 85 Addition 449,000 Fire Station 87 Property Purchase 265,000 Station Alerting System 262,000 Training Center Improvements 142,000 Parks & Recreation $ 3,667,000 Sacajawea Levee Lowering 2,657,000 Franklin County Irrigation District (FCID) Trail - Phases 1 and 2 415,000 Road 84 Park 270,000 Marina Dock Replacement - Dock B 200,000 Highland Park Parking and Field Expansion 75,000 Road 48 Park 50,000 Stormwater $ 779,000 Sylvester Pipe Relining 330,000 1st Avenue Pipe Rehab 249,000 Annual Stormwater Improvements - Development 200,000 Irrigation $ 620,000 Well Capacity Upgrades 470,000 Annual Irrigation Upsize - Development 100,000 Page 110 of 235 Ordinance – 2021-22 Capital Projects Budget - 4 Annual Irrigation System Improvements - Development 50,000 Grand Total $ 119,680,000 §2. The City of Pasco’s 2021-2022 Capital Projects Budget shall be in full force and effect on January 1, 2021. §3. This ordinance shall take effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this 7th day of December, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: __________________________ Page 111 of 235 AGENDA REPORT FOR: City Council December 1, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 FROM: Dave Zabell, City Manager Executive SUBJECT: *Ordinances - Administrative/Professional and Management Wage and Salary Plans I. REFERENCE(S): Proposed Ordinance - Administrative/Professional, Exempt & Non-Exempt Proposed Ordinance - Management II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, providing for certain adjustments in the Administrative/Professional, and Exempt Non-beginning plan wage Exempt January 10, 2021 (1st full pay period of 2021) and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. ____, providing for certain adjustments in the Management salary plan beginning January 10, 2021 (1st full pay period of 2021) and, further, authorize publication by summary only. III. FISCAL IMPACT: Estimated cost of $230,000 for 2021 and is accommodated in the adopted budget. IV. HISTORY AND FACTS BRIEF: The City of Pasco (City) utilizes “comparable” cities when negotiating union contracts for police and fire employees. Similarly, to maintain competitiveness, lessen wage compression organization, the throughout similar rough maintain and parity comparable cities are used in evaluating the salary and total compensation plans of other City work groups (public works/facilities, administrative/professi onal, and management positions). Comparable agencies used are primarily cities outside the Puget Sound area, within approximately 50% (+/-) of Pasco’s population and within approximately 20% (+/-) of Page 112 of 235 the City's general tax base measurement (annual property tax, sales tax, and utility tax revenues). As the City grows in population, complexity and economic output, the list of comparable cities will evolve accordingly. Organized bargaining units (police, fire, and public works/facilities) negotiate specific Cost Of Living Allowance (COLA) and market adjustments in bargaining contracts every two to three years. The City's administrative/professional and management employees do not operate under a collective bargaining agreement and instead adjustments to compensation are dependent on Council action in the form of an ordinance, typically following the budget process. A COLA adjustment serves to maintain competitiveness in the face of inflation, while a market adjustment is used to calibrate classifications that require movement up or down the salary schedule for purposes of internal and external equity. There are other aspects of compensation beyond salary, such as health benefits, vacation accrual, work schedules, deferred compensation, etc. that impact workforce retention and the recruitment quality candidates. Employers, public or private, failing to consider market conditions or inflationary impacts on salaries, over time, will see their competitiveness as an employer erode, which in turn impacts their ability to retain and recruit quality staff. Further, such inaction can cause wage compression, resulting in an imbalance between positions requiring similar skills and having comparable responsibilities and have a detrimental impact on morale and productivity. All of which leads to an unstable workforce as people leave for better conditions, which adversely impacts an employer's ability to provide services. V. DISCUSSION: For the reasons outlined above, it is recommended that when economic conditions permit, COLA and market adjustments be made to assure the competitiveness of the administrative/professional and management salary scales. In this regard, Council has made incremental progress over the past few years, and this proposal would further efforts to bring administrative/professional and management classifications to be roughly competitive with peer agencies. While significant progress has been made with respect to the wage scales of the two groups, Pasco continues to lag behind the average in terms of wages and benefits. The City utilizes the All Urban Consumers (CPI-U) West – Size Class B/C Consumer Price Index (CPI) as it more accurately approximates local economic conditions than do CPI indexes linked to major metropolitan areas such as Seattle or Portland. Using this index, the reported annual rate of inflation for June 2019 to June 2020 is 0.8%; however, July CPI-U reflects a CPI of 1.5%. Page 113 of 235 The City is not in a position financially to adjust the wage scales and benefits of all classifications to be entirely competitive with peer agencies. The effort to reach rough proportionality has been years long and will continue to be incremental subject to available resources. However, conditions are such that some incremental progress can be made for 2021. To make continued progress in addressing the lag in wages, a COLA/Market Adjustment of 1.5% is recommended, and to begin to address the benefits issue, a 1.0% City contribution to the City's 457 Deferred Compensation Plan is recommended, these adjustments would apply to both the Administrative/Professional, Exempt and Non-Exempt, Salary Scale groups. An employer contribution to a 457 plan is common as an employee benef it included in the total compensation plans in many municipalities. Currently, the City's police, fire, and public works/facilities bargaining groups have negotiated City paid deferred compensation contributions that have been approved by Council. The lack of a deferred compensation contribution has affected the City's marketable, ability to be competitive and attract and retain a highly competent and stable workforce. During Exit Interviews with Human Resources, some employees have expressed they are leaving employment with the City of Pasco for other municipalities due in part to the City's lack of a 457 contribution. two into out broken is scale Administrative/Professional the note will Council schedules; FLSA exempt and non-exempt, the grade salary ranges are the same. The proposed Management Salary Scale - the City previously adopted a scale which reflects only for the maximum salary for each position, allowing for considerable flexibility for these relatively few management positions. The proposed scales reflect the recommended, 1.5% COLA and a 1.0% City contribution to the City's 457 Deferred Compensation Plan. Again, the lack of a City paid deferred compensation contribution has been a detriment to hiring and in several cases retention of employees. The cumulative cost of the recommended increase (1.5% COLA and 1.0% deferred compensation contribution, plus market adjustments) for the non-management and management groups wage scale is estimated to be on the order of $230,000 for 2021. Staff recommends adoption of the non-represented and management salary plans as presented. Page 114 of 235 Ordinance Admin/Professional & Mngt Wages 2021 - 1 ORDINANCE NO. _____ AN ORDINANCE CONCERNING WAGES FOR CERTAIN NON- MANAGEMENT, ADMINSTRATIVE/PROFESSIONAL PERSONNEL FOR CALENDAR YEAR 2021. WHEREAS, after due consideration of the cost of living index and wage rates paid by comparable cities, and the history of wage adjustments for the City’s bargaining units, the City Manager has recommended a 1.5% cost of living adjustment and a 1.0% city-paid deferred compensation contribution in the non-management wage plan; and WHEREAS, the City Council finds also that the proposed cost of living adjustment is appropriate in consideration of the Department of Labor’s Consumer Price Index and comparability within the City and with other jurisdictions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The wage scale for those non-management positions is specified in Exhibit A attached hereto, which is incorporated by reference as if fully set forth herein. The City Manager shall designate the appropriate hourly wage step in Exhibit A for each employee covered by this Ordinance, considering the employee’s time in the position, the current hourly wage, and the evaluation of the employee’s performance. Section 2. The step increases set forth in Exhibit A are dependent upon a satisfactory performance evaluation. Section 3. The wage scale set forth in Exhibit A shall be effective January 10, 2021 (1st full pay period of 2021) and remain in effect until this Ordinance is amended or superseded by a subsequent Ordinance. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. Section 5. This ordinance shall take effect five (5) days after approval, passage and publication as required by law. Page 115 of 235 Ordinance Admin/Professional & Mngt Wages 2021 - 2 PASSED by the City Council of the City of Pasco, this ___ day of December, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ___________________________ Page 116 of 235 ADMINISTRATIVE/PROFESSIONAL WAGE SCALE (Non‐Represented/Non‐Exempt) ‐ 2021 Effective 01.01.2021 ‐ 1.5% COLA Position Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Department Assistant 1 20 18.65 19.23 19.82 20.43 21.07 21.72 22.39 Administrative Assistant 1 Cemetery Customer Service Rep.26 21.00 21.65 22.32 23.01 23.72 24.46 25.21 Probation Services Clerk 27 21.42 22.09 22.77 23.47 24.20 24.95 25.72 Department Assistant 2 Deputy Court Clerk 28 21.85 22.53 23.23 23.94 24.68 25.45 26.23 Accounting Assistant Engineering Technician 1 Permit Coordinator IS Technician: GIS Lead Court Clerk 33 24.13 24.87 25.64 26.43 27.25 28.09 28.96 Administrative Assistant 2 37 26.11 26.92 27.76 28.61 29.50 30.41 31.35 Court Services Specialist Registered Nurse 39 27.17 28.01 28.88 29.77 30.69 31.64 32.62 Engineering Technician 2 Code Enforcement Officer 40 27.71 28.57 29.45 30.36 31.30 32.27 33.27 Court Probation Officer Database Specialist Network Specialist Payroll Specialist PC Specialist Deputy City Clerk Planner 1 Recreation Specialist 41 28.27 29.14 30.04 30.97 31.93 32.92 33.93 HR Specialist Lead Recreation Specialist 42 28.83 29.72 30.64 31.59 32.57 33.58 34.61 Executive Administrative Assistant Procurement Specialist Project Support Specialist Lead Code Enforcement Offcer 43 29.41 30.32 31.26 32.22 33.22 34.25 35.31 Building Inspector Construction Inspector 45 30.60 31.54 32.52 33.52 34.56 35.63 36.73 Safety and Training Coordinator 47 31.83 32.82 33.83 34.88 35.96 37.07 38.22 Associate Planner Engineering Tech 3 Plans Examiner 49 33.12 34.14 35.20 36.29 37.41 38.57 39.76 Block Grant Administrator Environmental Compliance Coordinator 53 35.85 36.96 38.10 39.28 40.49 41.75 43.04 Instrumentation Technician Engineer 1 Public Works Project Coordinator 54 36.57 37.70 38.86 40.07 41.30 42.58 43.90 EXHIBIT A Page 117 of 235 ADMINISTRATIVE/PROFESSIONAL WAGE SCALE (Non‐Represented/Exempt) ‐ 2021 Effective 01.01.2021 ‐ 1.5% COLA Position Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Staff Accountant 49 33.12 34.14 35.20 36.29 37.41 38.57 39.76 Communications Program Manager 54 36.57 37.70 38.86 40.07 41.30 42.58 43.90 Senior Planner IS Administrators (Database, GIS, Network & System) 56 38.04 39.22 40.43 41.68 42.97 44.30 45.67 Lead Accountant 59 40.37 41.62 42.91 44.24 45.60 47.01 48.47 Engineer 2 61 42.00 43.30 44.64 46.02 47.45 48.91 50.42 Senior Engineer 65 45.47 46.87 48.32 49.82 51.36 52.94 54.58 Page 118 of 235 Ordinance – Management Wages 2021 - 1 ORDINANCE NO. _____ AN ORDINANCE CONCERNING THE SALARIES FOR MANAGEMENT POSITIONS FOR THE CALENDAR YEAR 2021. WHEREAS, after due consideration of the cost of living index and wage rates paid by comparable cities, and the history of wage adjustments for the City’s bargaining units, the City Manager has recommended a 1.5% cost of living adjustment and a 1% city-paid deferred compensation contribution for the calendar year 2021, in the management wage plan; and WHEREAS, the City Council finds also that the proposed cost of living adjustment is appropriate in consideration of the Department of Labor’s Consumer Price Index and comparability within the City and with other jurisdictions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The maximum monthly salaries for management positions shall be as set forth in Exhibit A attached hereto, which is incorporated by reference as if fully set forth herein. The schedule of maximum salaries set forth in Exhibit A shall be effective January 10, 2021 (1st full pay period of 2021) and shall remain effective until this Ordinance is amended or superseded by subsequent Ordinance. The actual salary to be received by an employee occupying a management position shall be determined by the City Manager in an amount no greater than the maximum for the position except as authorized herein. Section 2. A merit increase may be granted to a City employee (with the exception of the City Manager) employed in one of the management level positions set forth in Exhibit A at the sole discretion of the City Manager and within the following guidelines; provided; however, the total of all merit increases herein authorized for the year 2021 does not exceed $75,000. (a) Any merit increase shall be based solely upon job performance demonstrating effort and achievement above and beyond that regularly expected of the position as defined in each management level position job description. (b) Any merit increase awarded shall be for a temporary period of time to be determined by the City Manager, provided any such merit increase shall expire not later than December 31, 2021. Section 3. For payroll purposes only, the monthly salaries as set forth in Exhibit A may be multiplied by twelve (12) and divided by two thousand eighty (2,080) (number of hours in work year) to determine an hourly rate of pay and paychecks may be computed and paid on this hourly basis; however, all positions listed on Exhibit A shall remain salaried positions. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. Page 119 of 235 Ordinance – Management Wages 2021 - 2 Section 5. This ordinance shall take effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this ___ day of December, ______. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ___________________________ Page 120 of 235 Position Maximum Salary City Manager CONTRACT Deputy City Manager 14,362 Police Chief Fire Chief Public Works Director Finance Director C&ED Director A&CS Director Deputy Fire Chief Deputy Police Chief City Engineer Deputy C&ED Director Public Works Deputy Director Human Resources Director Police Captain CIP Manager IS Manager Finance Manager Facilities Manager 9,643 Inspection Services Manager Construction Manager Public Works Division Manager Court Administrator Customer Service Manager Recreation Services Manager Assistant Division Manager City Clerk Senior Management Analyst 8,932 8,323 7,917 Management Salary Scale - 2021 (Monthly Maximum) Effective 01.01.2021 (1.5% COLA) 13,398 12,586 11,876 11,064 10,607 EXHIBIT A Page 121 of 235 AGENDA REPORT FOR: City Council December 2, 2020 TO: Dave Zabell, City Manager Regular Meeting: 12/7/20 FROM: Richa Sigdel, Finance Director Finance SUBJECT: *Resolutions - Extending Interfund and Intrafund Loans I. REFERENCE(S): Resolution - Extension of Interfund Loans from the General Fund Resolution - Extension of Intrafund Loans between the Utilities Fund II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, authorizing the extension of interfund loan repayment from the General Fund to the City's Marina Fund and allowing all necessary budget adjustments. MOTION: I move to approve Resolution No. _____, authorizing the extension of intrafund loan repayment from the Water Utility to the Process Water Reuse Facility Utility and allowing all necessary budget adjustments. III. FISCAL IMPACT: General Fund to Marina Fund - $234,346 to be received a year later than the original agreement. Utilities: Water Utility to PWRF Utility - $5,200,000 to be received a year later than the original agreement. IV. HISTORY AND FACTS BRIEF: Consistent with the 2019 - 2020 Biennial Budget and associated adjustment, and as discussed during the supplemental budget workshop presentation, it is necessary to provide for certain inter and intra fund loans to maintain positive balances in all funds and to compensate for delayed, but anticipated, grant reimbursements. Marina Fund - Dock A at the City's marina was damaged due to the winter storm Page 122 of 235 experienced in 2017. The City has been working closely with the insurance company to recover all losses and expenses. The expectation was that the insurance proceeds would be sufficient to repay the outstanding loan. Instead, the insurance proceeds were lower than anticipated. Additionally, with the damage to another dock, revenues for the marina have been negatively impacted for 2020. Due to the diminished cash flow in the marina fund, extension of the loan repayment period is requested by one additional year. This extension will allow the fund time to build sufficient cash flow to make repayment while supporting operations. Process Water Reuse Facility (PWRF) Utility - In 2019, the City commenced the Columbia East Lift Station and Force Main project. The project is critical to providing continuous operation for customers who rely on the system for processing agricultural goods. For this project, the City has been awarded both Dept. of Commerce and U.S. Economic Development Administration grant funds that it is not currently able to draw. Once the grant funds are received, this loan will be repaid. V. DISCUSSION: Council discussed a proposed budget adjustment and the need for interfund and intrafund loans at the November 23, 2020 Council Workshop. Staff recommends approval of the proposed Resolutions. Page 123 of 235 Resolution – Interfund Loan Ext GF to Marina - 1 RESOLUTION NO. _____ A RESOLUTION AUTHORIZING INTERFUND LOAN AMENDMENT FROM THE GENERAL FUND TO MARINA FUND AUTHORIZED BY RESOLUTION 3922. WHEREAS, the City Council of the City of Pasco has, pursuant to RCW 35.33.121, found that it is in the best interest of the Cit y to lend funds from the General Fund to the Marina Fund and to provide for the repayment thereof, and NOW, THEREFORE, THE CITY OF PASCO, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. Authorization for amendment of loan. The Finance Director of the City of Pasco is hereby authorized and directed to make the following loan amendment from the City of Pasco funds as follows: a. Extend the term of the original loan by one year due to financial impacts during the 2020 fiscal year. 2. Terms and Memorialization. The effective dates of the loans shall be as listed below. This resolution shall constitute memorialization of these loans and their terms. a. Disbursement is authorized as of December 1, 2019 and repayment is due as of December 1, 2020 and December 1, 2021. The interest rate is 3.9 percent. PASSED by the City Council of the City of Pasco, Washington, this 7th day of December, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 124 of 235 Resolution – Intrafund Loan Ext Water to PWRF - 1 RESOLUTION NO. _____ A RESOLUTION AUTHORIZING INTRAFUND LOAN AMENDMENT FROM THE WATER UTILITY TO THE PWRF UTILITY. WHEREAS, the City Council of the City of Pasco has found that it is in the best interest of the City to lend funds from the Water Utility Service to the PWRF Utility Service and to provide for the repayment thereof, and NOW, THEREFORE, THE CITY OF PASCO, WASHINGTON HEREBY RESOLVES AS FOLLOWS: 1. Authorization for amendment of loan. The Finance Director of the City of Pasco is hereby authorized and directed to make the following loans from the City of Pasco funds as follows: a. Extend the term of the original loan from the Water utility to the PWRF utility by one year due to delay in receipt of grant funding. 2. Terms and Memorialization. The effective dates of the loan shall be as listed below. This resolution shall constitute memorialization of the loan and term. a. Disbursement is authorized as of December 1, 2019 and repayment is due no later than November 30, 2021. The interest rate is 3.9 percent. PASSED by the City Council of the City of Pasco, Washington, this 7th day of December 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 125 of 235 AGENDA REPORT FOR: City Council November 24, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 FROM: Steve Worley, Director Public Works SUBJECT: *Resolution - Bid Award for the Northwest Area Sewer LID Project I. REFERENCE(S): Resolution Vicinity Map Bid Tabulation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _______, awarding the Northwest Area Sewer LID No. 151 project to Big D's Construction of Tri-Cities, Inc., of Pasco, Washington in the amount of $1,726,860.55, including Washington State Sales Tax, and further authorize the City Manager to execute the contract documents. III. FISCAL IMPACT: Contract Total: $1,726,860.55 funded by the Local Improvement District (LID) No. 151 IV. HISTORY AND FACTS BRIEF: Consistent with the 2020-2025 Capital Improvement Plan (CIP), and adopted 2019- 2020 Biennial Budget, bids were solicited for the construction of a new sanitary sewer trunk line and other ancillary sewer improvements in the City’s Northwest (Broadmoor) Area. This vital connection to the City’s existing sanitary sewer system will provide sewer utility service to future development in this area, with the ability for extension into the future urban growth area. The final sewer alignment will extend North from Harris Road, through and along the West side of the parcel currently owned by Broadmoor Properties, L.L.C., to within 140 feet of Burns Road, and then traverse East, parallel to Burns Road. This location was carefully coordinated with proposed roadways envisioned for the development of Page 126 of 235 the City’s Northwest Area. The alignment includes approximately 11,000 linear feet of gravity sewer pipe with three pipe connections to adjacent parcels North of Burns Road. During the bid period, the City and its engineering consultant for this project, RH2 Engineering, Inc. (RH2), facilitated a non-mandatory site visit for interested contractors to become familiar with the project location. A total of six (6) contractors attended. The site visit included a walk down various locations along the proposed sewer alignment, photography of the site if needed, and an open discussion with questions from the contractors. V. DISCUSSION: As part of a competitive formal bidding process, bids for the project were received electronically and opened at 2:00 PM on November 19, 2020, at Pasco City Hall. A total of eight (8) sealed bids were received. The lowest responsive bid was submitted by Big D's Construction of Tri-Cities, Inc. in the amount of $1,726,860.55. City staff reviewed the bid submittal and finds no exceptions or irregularities. The low bid is within the budget appropriation. Accordingly, City staff recommends award of the bid by resolution to Big D's Construction of Tri-Cities, Inc., of Pasco, Washington in the amount of $1,726,860.55, including Washington State Sales Tax. Page 127 of 235 Resolution - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, AWARDING THE NORTHWEST AREA SEWER LID PROJECT IDENTIFIED AS BID NO. 1800076 TO BIG D’S CONSTRUCTION OF TRI-CITIES, INC., OF PASCO WASHINGTON. WHEREAS, the City of Pasco has an identified capital improvement public works project for the improvements to the Northwest Area Sewer LID; and WHEREAS, those improvements include all work associated with the construction of 11,000 linear feet of gravity sewer pipe, manholes, and three pipe extensions; and WHEREAS, the City solicited sealed public bids for this capital improvement public works projects, identified as Bid No. 1800076 Northwest Area Sewer LID Project; and WHEREAS, on November 19, 2020 at 2:00 p.m., eight (8) bids were received and opened by the City; and WHEREAS, the low bid was from Big D’s Construction of Tri-Cities, Inc. in the amount of $1,726,860.55, including Washington State Sales Tax. The Engineer’s construction estimate was $3,856,438.25. WHEREAS, the bid documentation was reviewed and the lowest bidder was determined to be responsible and responsive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City staff recommend award of the contract to Big D’s Construction of Tri-Cities, of Pasco, Washington in the amount of $1,726,860.55, including Washington State Sales Tax; and Be It Further Resolved, that this Resolution shall take effect and be in full force immediately upon passage by the City Council. PASSED by the City Council of the City of Pasco, Washington this day of , Page 128 of 235 Resolution - 2 Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 129 of 235 Vicinity Map Page 130 of 235 Page 131 of 235 Neal A. Schertz11.23.2020Page 132 of 235 AGENDA REPORT FOR: City Council December 4, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 FROM: Dave Zabell, City Manager Executive SUBJECT: Resolution - COVID-19 Response I. REFERENCE(S): Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4021, declaring City Council statement on COVID-19 response. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Under the leadership of the Pasco City Council, the City has undertaken many efforts singularly and in conjunction with others including; neighboring local governments, State agencies, Governor’s office, federal government, Chambers of Commerce, Downtown Pasco Development Association, Lourdes Hospital, and numerous other non-profits and community groups to inform and safeguard the community with respect to the COVID-19 pandemic and to advocate on behalf our community and our businesses. The Pasco City Council has been unified in its commitment to assist community members and businesses in any way possible and appropriate in addressing the health risks associated with the disease and the financial and other impacts of COVID-19 restrictions. In response to the COVID-19 pandemic, the Pasco City Council has undertaken several efforts to both safeguard the community and provide financial and other assistance as a result of the pandemic and associated mitigation measures including: Page 133 of 235 • Business Assistance Grants • Utility Assistance Grants • Rental Assistance Grants • Business Reopening Kits • Public education though the development of several Public Service Announcements, videos, print materials, social media, Halloween Safety kits for children • Regional coordination efforts • Continuity of City Services and modification as necessary to assure public access to the extent possible while seeing to the safety of the public and City employees In these efforts the City has exhibited a high degree of innovation and regard for the safety and economic well-being of the community. Beyond the measures referenced above, the City Council collectively and individually have advocated on behalf of the community and businesses for resources and regulations that provide for safety and reasonable freedom of movement, association and commerce during this time. V. DISCUSSION: During the November 23, 2020, Workshop meeting, the City Council discussed establishment of a foundational document to communicate to the public and guide Council going forward as the City takes efforts to address the ongoing threat and impacts of the COVID-19 pandemic. From the aforementioned discussion, the City Council identified several principles to help guide the City Council, and individual Councilmembers, as they continue to advocate for our community: 1. The safety of all community members is the City’s primary focus; 2. The basic need for community members to associate with one another is recognized and the City will advocate that restrictions on such activities be limited to the extent they are supported by relevant scientific analysis; 3. COVID related restrictions have adversely impacted Pasco businesses, some to the point they will never reopen, the City urges policy makers to limit such restrictions to the extent they are supported by relevant scientific analysis; 4. Small business is the backbone of any community and the source of most of the jobs within the national economy, where COVID related restrictions by the State result in the closure of businesses or loss of jobs in Pasco, the City will advocate for financial assistance to impacted businesses; 5. Likewise, the City will advocate for financial assistance for those community members adversely impacted by the loss of employment, illness, displacement or other pandemic related impacts; 6. The City will advocate for transparency on the part of policy-makers related to Page 134 of 235 COVID-19 restrictions or mitigation measures; and 7. With approved COVID-19 vaccines soon to be available, the City urges the State of Washington to heighten its coordination with Hospitals, local Health Districts and local governments to provide for their efficient and timely distribution. While not an all-inclusive list of efforts or positions the City may take as the pandemic and its impacts on the community continue to unfold, the principles outlined above represent staff’s attempt to capture the points raised during Council deliberations on the matter. The attached resolution prepared by staff attempts to encompasses these principles and make clear Council’s intent. Staff recommends Council review the proposed resolution, revise as appropriate, and approve. Page 135 of 235 Resolution – COVID-19 Response - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, DECLARING CITY COUNCIL STATEMENT ON COVID-19 RESPONSE. WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary, Alex Azar, declared a public emergency for the novel coronavirus (COVID-19) beginning on January 27, 2020; and WHEREAS, on February 29, 2020, Governor Jay Inslee signed Proclamation No. 20-05, declaring a State of Emergency exists in all counties in the State of Washington due to the number of confirmed cases of COVID-19 in the State and directed that plans and procedures of the Washington State Comprehensive Emergency Management Plan be implemented; and WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil emergency pursuant to PMC 2.55.010; and WHEREAS, the City Council has undertaken numerous efforts to safeguard the community and provide financial and other assistance in response to the pandemic; and WHEREAS, the City Council will continue to advocate for our community through the next phase(s) of the COVID-19 pandemic and has expressed the desire to memorialize its commitment; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council adopts the following principles as a statement of commitment and a guideline for future actions related to the City’s COVID-19 response: 1. The safety of all community members is the City’s primary focus; 2. The basic need for community members to associate with one another is recognized and the City will advocate that restrictions on such activities be limited to the extent they are supported by relevant scientific analysis; 3. COVID-19 related restrictions have adversely impacted City of Pasco businesses, some of which to the point they will never reopen; therefore, the City urges policy makers to limit such restrictions to the extent they are supported by relevant scientific analysis; 4. Small businesses are the backbone of any community and the source of most of the jobs within the national economy, where COVID-19 related restrictions by the State result in the closure of businesses or loss of jobs in Pasco, the City will advocate for financial assistance to impacted businesses; Page 136 of 235 Resolution – COVID-19 Response - 2 5. Likewise, the City will advocate for financial assistance for those community members adversely impacted by the loss of employment, illness, displacement or other pandemic related impacts; 6. The City will advocate for maximum transparency on the part of policy-makers related to COVID-19 restrictions or mitigation measures; and 7. With approved COVID-19 vaccines soon to be available, the City urges the State of Washington to heighten its coordination with Hospitals, local Health Districts and local governments to provide for their efficient and timely distribution. PASSED by the City Council of the City of Pasco, Washington this 7th day of December, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 137 of 235 AGENDA REPORT FOR: City Council November 30, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 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: MOTION: I move to adopt Ordinance No. ____, amending the Pasco Municipal Code, Section furtheof Terms," "Definition 6.05.010, and, by publication authorize r, summary only. III. FISCAL IMPACT: None 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, public input from the majority of those speaking to the issue that evening alluded to a preference to remove all breed specific references within the PMC. State imposed COVID-19 Page 138 of 235 pandemic limitations on public meetings to items "necessary and routine" precluded discussion of this topic for several months. 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. Additionally Sec. 6.05.330 Potentially Dangerous and Dangerous Animals has been amended and included within the attached ordinance to add sections to better the prosecution of enforcement of the provisions within. 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 Page 139 of 235 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. 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. At workshops on both October 26, 2020 and November 9, 2020, the City Council deliberated on this issue. In the most recent session, a Council majority have indicated they are ready to consider the aforementioned code amendment. The City Attorney will be available to discuss in greater detail enforcement and penalties. The report and the attached Ordinance for consider have been prepared based upon the direction of the Pasco City Council in the preceding workshops and discussion. Page 140 of 235 Ordinance – Amending PMC Chapter 6.05 - 1 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING SECTIONS 6.05.010 AND 6.05.330 OF THE PASCO MUNICIPAL CODE RELATED TO BREED SPECIFIC LANGUAGE FROM THE CHAPTER ON ANIMAL CONTROL WHEREAS, the Animal Control Chapter has maintained Breed Specific Language (BSL) which identifies a pit bull under section 6.05.010 as a per se “potentially dangerous animal” as defined in section 6.05.330; and WHEREAS, after comprehensive discussion with staff, stakeholders, and members of the public the City Council has determined that it is in the best interest of the City and its residents that the BSL, which imposes a per se definition of “potentially dangerous animal” on one breed of dog, be removed in all respects from Chapter 6.05 of the Pasco Municipal Code; and WHEREAS, in an effort to refocus attention on individual responsibility for criminally negligent or reckless dog owners the City Council finds that it is necessary to include provisions to ensure adequate enforcement of the current permitting requirements as those relate to “potentially dangerous animals” under Chapter 6.05. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 6.05.010, entitled “Definition of terms” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 6.05.010 Definition of terms. “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. Page 141 of 235 Ordinance – Amending PMC Chapter 6.05 - 2 “At large” means off the premises of the owner or upon the public streets, alleys, p ublic 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 p erson 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; 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. Page 142 of 235 Ordinance – Amending PMC Chapter 6.05 - 3 “Person” includes any person, firm, organization, partnership, corporation, trust or association of persons. “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 b e 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 § 1, 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 143 of 235 Ordinance – Amending PMC Chapter 6.05 - 4 Section 2. That Section 6.05.330, entitled “Potentially dangerous and dangerous animals” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 6.05.330 Potentially dangerous and dangerous animals. (1) Declaration. The Poundmaster has the authority to declare an animal potentially dangerous or dangerous and require such animal to have a permit in accordance with this section. The Poundmaster may declare an animal potentially dangerous or dangerous if the Poundmaster has probable cause to believe that the animal falls within the definitions set forth in PMC 6.05.010. If the owner of such animal can be readily determined, the Poundmaster shall notify the owner personally or by certified mail of the declaration. If, however, the owner of such animal cannot be readily determined, notification shall be waived. (2) Impoundment. No person shall have, keep or maintain a potentially dangerous or dangerous animal without first obtaining a permit from the Poundmaster. Any animal meeting this definition and found at large without a permit will be impounded immediately at the expense of the owner. If the owner of such animal can be readily determined, the Poundmaster shall notify the owner personally or by certified or regular mail of the impoundment. If, however, the owner of such animal cannot be readily determined, notification shall be by posting at the animal control agency as provided in PMC 6.05.080. (3) Appeal. Any owner of an animal subject to this section may appeal the determination of the Poundmaster to the Hearing Examiner for determination provided the appeal is made in writing and filed with the City Clerk within 10 days of the Poundmaster’s determination. The hearing shall be scheduled within seven days of the date of service of such notice and the decision of the Poundmaster shall be stayed and any impoundment shall continue, at the cost of the owner, pending the appeal. (a) If the Hearing Examiner finds insufficient evidence to support the declaration, the declaration shall be rescinded and the restrictions imposed thereby annulled. All impound fees are the responsibility of the owner of the animal; no animal impound expense and fee(s) shall be assessed against the City of Pasco or the Animal Control Authority or officer. (b) If the Hearing Examiner finds sufficient evidence to support the declaration, he/she shall impose restitution if applicable, and may impose reasonable additional restrictions on the animal. (c) Decisions of the Hearing Examiner shall be final and conclusive unless a timely appeal is filed with the Superior Court of Franklin County by an aggrieved party within 21 calendar days from the date of issuance of the decision and any impoundment shall continue, at the cost of the owner, pending the appeal. (4) Redemption or Destruction of Animal. An animal impounded under this section shall be returned to its owner if they comply with PMC 6.05.330(5) and 6.05.070 within 72 hours of after notification of impoundment. If, however, the owner of the impounded animal under this section does not comply with PMC 6.05.330(5) and 6.05.070 within 72 hours after notification of impounding, such animal shall be destroyed in an expeditious and humane manner. For purposes Page 144 of 235 Ordinance – Amending PMC Chapter 6.05 - 5 of determining whether the 72 hours have expired, the following methods shall be used: (a) if the owner is personally served by the Poundmaster, time begins when the owner was personally served; (b) if the owner is mailed notice by certified and regular mail, time begins when the three days after the notice was mailed; and (c) if the owner of such animal could not be readily determined by the Poundmaster, notice shall be by posting as provided by PMC 6.05.080 and the time begins at posting as provided by PMC 6.05.080. EXCEPTION: Upon execution of declaration of removal by the owner or authorized representative of the owner of the animal and payment of applicable fees including impound fees, the animal may be released by the Poundmaster into the custody of the owner or authorized representative of the owner for the immediate and permanent removal of the animal from the City. (5) Permit Required. No person shall have, keep or maintain any potentially dangerous or dangerous animal without first obtaining an annual permit from the Poundmaster. The fee for such a permit shall be in addition to the regular annual license fee. A permit will only be granted if the applicant has provided and maintains: (a) a proper enclosure to properly and safely confine the animal as determined by the Poundmaster, (b) a conspicuously posted sign on the premises which clearly warns the public and children that there is a potentially dangerous or dangerous animal on the property, (c) $250,000 surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the Poundmaster payable to any person injured by the potentially dangerous or dangerous animal; or liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of not less than $250,000 with maximum deductible coverage not to exceed $2,500, in a form requiring notice to the City of cancellation or nonrenewal of such policy not less than 30 days prior to its date of cancellation or expiration, insuring the owner for any personal injuries or property damage inflicted by the animal and (d) proof that all surrounding property owners and occupants have been notified and given an opportunity to comment on the confinement plans. (6) Exemption from Permit Requirement. An animal that is classified as “potentially dangerous” under the provisions of PMC 6.05.010 may be exempted from the permit requirements of subsection (5) of this section, provided such animal has passed the Canine Good Citizen (CGC) test of the American Kennel Club (AKC), as administered by the Poundmaster or the Animal Control Authority, or a reasonably equivalent canine behavioral test as determined by the City, and received the appropriate certificate from AKC or equivalent approved testing agency. Animals that pass the AKC CGC test or approved equivalent canine behavioral test are exempt from permit breed-based regulations for a period of at least two years. Such animal shall be retested and passed once every two years in order to maintain this exemption. Animals that fail the AKC CGC test or approved equivalent canine behavioral test shall be given the opportunity to retest within a reasonable period of time, as determined by the City. (a) No animal shall be exempt from the permit by way of transfer of ownership. Any owner of a potentially dangerous or dangerous animal shall file a certification with the Poundmaster certifying that the animal has been transferred and that prior to transfer the owner disclosed the permit requirement to the new owner who shall countersign and date the certification. Such certification shall include the address of both the transferor and transferee. (7) Control and Confinement. A dangerous and potentially dangerous animal must be muzzled and securely leashed, restrained and under the control of a person physically able to c ontrol the Page 145 of 235 Ordinance – Amending PMC Chapter 6.05 - 6 animal when away from the property of the owner or keeper; or, while on the property of the owner, must be securely confined within a “proper enclosure” as defined in PMC 6.05.010 made of materials strong enough to adequately and humanely confine the dog in a manner which prevents it from escaping the property and to prevent the entry of young children and kept in conformance with the requirements of subsection (5) of this section, unless otherwise exempt under subsection (6) of this section. (8) Violations and Regulation. Any person violating the provisions of this section shall be guilty of a gross misdemeanor. No person, being the owner of any potentially dangerous or dangerous animal, shall keep, harbor or maintain the same on or off their premises in a manner endangering or likely to endanger the safety of persons, property or other animals nor shall they allow the same to run at large within the City. It shall be a defense to any charge under this section involving an alleged potentially dangerous or dangerous animal that the person endangered was committing, was about to commit or had just committed a trespass or crime and that the animal’s reaction was a natural result thereof. The Poundmaster may petition the Pasco Code Enforcement Board to determine whether an animal should be destroyed. [Ord. 4475 § 5, 2019; Ord. 3870, 2008; Ord. 3756 § 2, 2006; Ord. 3714 § 2, 2005; Ord. 3439 § 1, 2000; Ord. 3385 § 1, 1999; Ord. 3326 § 1, 1998; Code 1970 § 8.02.320.] Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this 7th day of December, 2020. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ____________________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: _________________________ Page 146 of 235 AGENDA REPORT FOR: City Council December 1, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 FROM: Colleen Chapin, Human Resources Director Executive SUBJECT: *2021-2022 Collective Bargaining Agreement with International Association of Firefighters (IAFF), Local No. 1433 I. REFERENCE(S): Proposed Collective Bargaining Agreement with IAFF, Local No. 1433 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Collective Bargaining Agreement with the IAFF, Local No. 1433, for years 2021 - 2022 and, further, authorize the City Manager to execute the agreement. III. FISCAL IMPACT: Increased cost of Pasco Fire Department operations (base wages and benefits) as folllows: FY 2021 - $143K FY 2022 - will range from $171K – $400K (depending on CPI, which is unknown until the June 2021 CPI is released in July 2021). These costs as split roughly equally by the ambulance utility and general fund. IV. HISTORY AND FACTS BRIEF: The Collective Bargaining Agreement (CBA) with the IAFF, Local No. 1433 pertains to all Fire Fighters and Para-medics through the rank of Battalion Chief. The current CBA terminates December 31, 2020. Negotiations on a successor agreement commenced on September 21, 2020 with this 84-member bargaining unit. The parties reached a tentative agreement that same day. Local No. 1433 notified the City on October 30, 2020 that the members had voted to ratify the tentative agreement. Numerous contract language modifications were negotiated which provide greater clarity for management and the bargaining unit members. Page 147 of 235 V. DISCUSSION: It was the interest of both Local No. 1433 and the City to reach a tentative agreement and have it ratified before the current contract was expired, this was accomplished with high level of mutual respect across the table between both bargaining teams. It is important to note that having a settled contact with this interest arbitration eligible unit is advantageous in that it limits potential arbitration costs and prevents an outside party from imposing financial mandates upon the City and the union. It is important for the City to maintain reasonable parity, over a range of benefits which can be priced out as "total compensation," in order attract and retain quality personnel within bargaining unit positions, and to avoid finding itself in a position of vulnerability if arbitration is invoked. As such, the proposed settlement, without the City having to go into extended bargaining or arbitration, represents a significant step forward for the City and the bargaining unit. The Local came to the bargaining table with an understanding of the financial uncertainty created by the COVID-19 pandemic, accordingly their initial demands were reasonable with a focus on hedging against inflation and incremental progress toward parity with comparables. Again, with an interest arbitration unit there is a need to maintain reasonable parity with similar size fire department’s throughout the State. The following are the significant changes reflected in the new agreement: Effective January 2021 1.00% wage increase 0.5% increase in deferred compensation contribution Effective January 2022 100% of CPI-U, b/c cities (June–June) minimum 1% and maximum 3% 0.5% increase in deferred compensation contribution Staff recommends Council ratification of the Agreement. Page 148 of 235 LOCAL N O.1433 INTERNATIONAL ASSOCIATION OF CITY OF PASCO 2021-2022 Collective Bargaining Agreement between City of Pasco and Local No.1433,International Association of Fire Fighters —Page 1 Page 149 of 235 Page 150 of 235 Page 151 of 235 Page 152 of 235 Page 153 of 235 Page 154 of 235 Page 155 of 235 Page 156 of 235 Page 157 of 235 Page 158 of 235 Page 159 of 235 Page 160 of 235 Page 161 of 235 Page 162 of 235 Page 163 of 235 afy Page 164 of 235 Page 165 of 235 Page 166 of 235 Page 167 of 235 Page 168 of 235 Page 169 of 235 Page 170 of 235 Page 171 of 235 Page 172 of 235 Page 173 of 235 Page 174 of 235 Page 175 of 235 Page 176 of 235 Page 177 of 235 Page 178 of 235 Page 179 of 235 Page 180 of 235 Page 181 of 235 DVD DVD Page 182 of 235 Page 183 of 235 Page 184 of 235 2021-2022 Collective Bargaining Agreement between City of Pasco and Local No.1433,International Association of Fire Fighters —Page 37 In compensation for signing up to be available for Electronic Emergency Callback Paging,the employee will be paid thirty ($30.00)dollars for each uninterrupted twenty-four (24)hour shift. Employees paged to respond to a station,shall begin compensation from the time of the page. When an employee is paged,they shall receive sixty ($60.00)callback pay plus one-hour minimum of overtime pay.When the employee is paged,goes out of service,or fails to respond during the twenty-four (24)hour period,they shall not receive the thirty ($30.00)dollars. Any employee electing to sign-up for Electronic Emergency Callback Paging shall remain within a twenty (20)minute average response time to the City limits of Pasco,with their portable radio in their in their possession. When an employee is paged,s/he shall obey all traf?c laws while responding to a fire station. Electronic Emergency Call Paging shall be activated whenever the on duty Battalion Chief has reason to believe that the Pasco Fire Department may be committed to providing and/or receiving Mutual Aid/Automatic Aid that may extend beyond thirty (30)minutes. The on-duty Battalion Chief shall activate Electronic Emergency Callback Paging whenever the Pasco Fire Department resources are being depleted with multiple and/or extended calls. ARTICLE 49 —D SHIFT D-Shift Personnel.The city may employ up to (2)two personnel to work a D-shift (variable shift schedule).Provided,that this would be accomplished by hiring up to (2)two new personnel to ?ll these positions.The two (2)least senior,non-probationary employees may be assigned to D-shift as needed. 1.Scheduling and Use of D-shift personnel: a)D-shi?(variable shift personnel)may consist of up to (2)two personnel. b)D-shift schedules shall not include Kelly Days;these hours have been accounted for below in the number of shi?s to be worked. c)Regular hours of D-shift employees shall be scheduled for three (3)(24)twenty-four day work cycles at a time.The city shall provide a list of shifts within (30)days prior to the beginning of each scheduling period of three (3)(24)twenty-four day work cycles from which D-shift employees shall make their shi?selections.The D—shi?schedule shall be posted (15)?fteen days prior to the beginning of each scheduling period of three (3) twenty-four day (24)work cycles. 2.D-shift employees shall make their shi?selections by rotating back and forth,starting with the D-shift employee with the most seniority Page 185 of 235 Page 186 of 235 Page 187 of 235 Page 188 of 235 Page 189 of 235 Page 190 of 235 Page 191 of 235 Page 192 of 235 Page 193 of 235 Page 194 of 235 Page 195 of 235 Page 196 of 235 Page 197 of 235 AGENDA REPORT FOR: City Council December 1, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: *Personal Services Agreement for Animal Control Services I. REFERENCE(S): Draft Personal Services Contract - Neo's Nation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Personal Services Agreement with Neo's Nation for professional animal control and shelter management services and further, authorize the City Manager to execute the agreement subject to modifications. III. FISCAL IMPACT: Total Contract not to Exceed $875,000 per year. Contract shared on a 1/3 basis between the cities of Pasco, Kennewick, and Richland Pasco's 1/3 share (not to exceed): $24,306 per month $291,667 per year This amount is within the amount for these services as budgeted within the 2021/2022 budget. IV. HISTORY AND FACTS BRIEF: Attached to this report is the Personal Services Agreement for Neo's Nation Foundation to assume animal control and shelter management services beginning January 1, 2021. The current contract expires December 31, 2020, with the contractor electing not to renew said contract. The budgeted amount for the new contract is within the current budget allocated for 2021 and is shared currently on a 1/3 share basis with the cities of Kennewick and Richland as governed through an ongoing inter-local agreement. V. DISCUSSION: Page 198 of 235 Staff, through a competitive process and in coordination with the Tri-Cities Animal Control Authority (ACA), has selected the Neo's Nation Foundation through the RFP process and has determined that this organization will provide services to the communities that comprise the ACA in concert with their community goals for animal welfare and public safety. Page 199 of 235 PERSONAL SERVICES AGREEMENT ANIMAL CONTROL SERVICES FOR THE ANIMAL CONTROL AUTHORITY OF KENNEWICK, PASCO & RICHLAND Agreement No. _______ THIS AGREEMENT is made and entered into between Neo’s Nation Animal Foundation, hereinafter referred to as “Contractor” and the Tri-City Animal Control Authority, hereinafter referred to “ACA”, an unincorporated association comprised of the cities of Kennewick, Pasco, and Richland, political subdivisions of the State of Washington, on this ________ day of ______________, 2020. ARTICLE 1. PURPOSE OF AGREEMENT 1.1 The purpose of this Agreement is to establish the relationship between the ACA and the Contractor. The Contractor shall provide animal control services in specified areas within Benton and Franklin Counties for the cities of Kennewick, Pasco and Richland as specified herein. In consideration for said services, the ACA shall pay the Contractor in U.S. funds such moneys and in such manner as herein described. ARTICLE 2. WHOLE AGREEMENT 2.1 This is the complete and exclusive statement of the agreement between the parties relevant to the purpose described above and supersedes all prior agreements or proposals, oral or written, and all other communication between the parties relating to the subject matter of this Agreement. No modification of this Agreement will be binding on either party except as a written addendum signed by authorized agents of both parties. ARTICLE 3. WRITTEN NOTICE 3.1 Any notice of change, termination or other communication having a material effect on this Agreement shall be served in one or more of the following manners: a. In-person delivery to the Pasco City Clerk if delivering to the Authority; an authorized officer, employee, agent or other representative if delivering to the Contractor. b. Deposited in the U.S. mails under certified or registered handling, postage prepaid, posted to the address(es) provided herein: City of Pasco Contractor Dave Zabell, City Manager Rebecca Howard, Director PO Box 293 1834 W. 16th Ave Pasco, WA 99301 Kennewick, WA 99337 Telephone: (509) 544-3404 (509) 378-1953 Page 200 of 235 c. By e-mail sent to either party. Article 4. GOVERNING LAW/VENUE 4.1 This Agreement shall be governed by the laws of the State of Washington. Any action or suit commenced in connection with this Agreement shall be in the Franklin County Superior Court. 4.1.1 All rights and remedies of the ACA shall be cumulative and may be exercised successively or concurrently. The foregoing is without limitation to or waiver of any other rights or remedies of the ACA according to law. It is agreed that fifteen (15) calendar days shall constitute reasonable notice for the exercise of any right in the event that applicable law specifically requires such notice, unless a more specific time frame is required by applicable statute. ARTICLE 5. ATTORNEY FEES 5.1 Attorney’s fees, which are reasonable, and costs including those in appeal, if appeal is taken, shall be allowed to the prevailing party by any court hearing a dispute under this Agreement. ARTICLE 6. JUDICIAL RULINGS 6.1 If any provision of this Agreement, as applied to either party or to any circumstance, shall be adjudged by a court to be void or unenforceable the same shall in no way affect any other provision or the validity or enforceability of this Agreement. ARTICLE 7. INDEPENDENT CONTRACTOR 7.1 The Contractor shall be an "independent contractor." All persons employed to furnish services hereunder are employees of the Contractor and not of the ACA. Further, the ACA shall not be liable for any of Contractor's acts or omissions performed under this Agreement or other agreements to which Contractor is a party. ARTICLE 8. INDEMNIFICATION AND HOLD HARMLESS 8.1 The Contractor shall defend, indemnify and hold the ACA and the individual Cities of Kennewick, Pasco, and Richland, their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated Page 201 of 235 by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. ARTICLE 9. INSURANCE 9.1 The Contractor shall procure and maintain for the duration of the Agreement. insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Minimum scope of insurance and minimum insurance limits of the types described below shall be maintained by the Contractor. a. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The ACA shall be named as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the ACA using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. The ACA consisting of City of Kennewick, PO Box 6108, Kennewick WA 99336; City of Pasco, PO Box 293, Pasco WA 99301; and City of Richland, 505 Swift Blvd., Richland WA 99352, shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the ACA. b. Commercial General Liability insurance shall be written with limits no less than $1,000,000 per each occurrence, $2,000,000 general aggregate and $2,000,000 products completed operations aggregate limit. c. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on ISO form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. d. Automobile Liability insurance shall have a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. e. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. f. Property insurance shall be written on an all-risk basis. Page 202 of 235 g. Property insurance shall be written covering the full value of Contractor's property and improvements with no coinsurance provisions. h. Law Enforcement Professional insurance in the amount of $500,000. 9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: a. The Contractor's insurance coverage shall be primary insurance with respect to this Contract. Any Insurance, self-insurance, or insurance pool coverage maintained by the ACA shall be excess of the Contractor's insurance and shall not contribute with it. b. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the ACA. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverage. Contractor shall furnish the ACA with original Certificates of Insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 9.6 Subcontractors Contractor shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. The Contractor shall ensure that the ACA is an additional insured on each and every Subcontractor’s Commercial General Liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. ARTICLE 10. NONDISCRIMINATION 10.1 The Contractor agrees to abide by all Federal, State and/or local ordinances prohibiting discrimination with regard to employment and client services. If the Contractor subcontracts, said subcontract shall include appropriate safeguards against discrimination in such services and employment binding upon each Contractor or subcontractor. The Contractor shall take such action as may be required to insure full compliance with this Page 203 of 235 clause, including sanctions for noncompliance. Any violations of this provision shall be considered a material violation of this Agreement and shall be grounds for cancellation, termination or suspension in whole or in part by the ACA. ARTICLE 11. FUNDING 11.1 In the event the Management Committee of the ACA reduces, changes, eliminates or otherwise modifies the funding for the project identified herein, Contractor agrees to abide by any such decision up to and including termination of service. In the event of termination, notice shall be as stipulated in Article 15 Termination of Agreement. ARTICLE 12. NONASSIGNMENT 12.1 No portion of nor any interest in this Agreement may be assigned to a third party without the prior written approval of the ACA. ARTICLE 13. USE OF ACA FACILITIES 13.1 By and through this Agreement, Contractor and its employees or agents shall have the right to use such portions of the Animal Shelter, which is leased to the ACA by the City of Pasco. The leased premises shall constitute those areas that are designated by the ACA for Contractor's use and determined to be necessary to perform the required services under this Agreement. Contractor shall have no right of access to any other facilities of the ACA without the prior approval of the ACA Management Committee. The shelter is currently located at 1312 S. 18th Ave. Pasco, Washington. Contractor's use of the premises shall be subject to the following: 13.1.1 Permitted Use: 1. The premises shall be used for animal control operations conducted for the cities of Kennewick, Washington, Pasco, Washington, and Richland, Washington pursuant to enforcement of Tri-City Animal Control Authority agency ordinances and for no other purpose without the written consent of the ACA. 2. The ACA shall have the right to lease unused areas in the shelter, provided that the ACA and Contractor shall work cooperatively to determine the best utilization of the space in the facility. 4 Restrictions on Use: In connection with the use of the Premises, Contractor shall: 1. Conform to all applicable laws and regulations of any public authority affecting the Premises and its use thereof. Page 204 of 235 2. Refrain from any activity (other than those activities within Contractor's normal and customary course of conduct) that would make it impossible to insure the Premises against casualty or that would substantially increase the insurance rate. 3. Refrain from any use that creates a nuisance. 4. Refrain from loading the electrical system or floors beyond the point considered safe by a competent engineer or architect selected by Landlord. 5. Not cause or permit any Hazardous Substance to be spilled, leaked, disposed of, or otherwise released on the Premises. 6. Not cause or permit litter, garbage or other refuse or debris to accumulate on the Premises except in suitable garbage containers. 5 Repairs and Maintenance: The ACA shall be responsible for all repairs and maintenance necessitated by Contractor's reasonable use and occupancy, including, but not limited to the following: 5.1 Repairs of the roof and gutters, exterior walls, bearing walls, structural members, floor slabs and foundation. 5.2 Repair of exterior water, sewage and electrical services up to the point of entry to the Premises. 5.3 Repair of heating and cooling systems. 5.4 5.5 Repair of interior walls, ceilings, doors, windows, and related hardware, light fixtures, switches, wiring and plumbing. 6 Alterations: 6.1 Contractor Alterations Prohibited. Contractor shall make no improvements or alterations on the Premises of any kind without first obtaining the ACA's written consent. All alterations shall be made in a good and workman-like manner, and in compliance with plans submitted to and approved by the Landlord and in accordance with applicable laws and building codes. 6.2 Ownership and Removal of Alterations. All improvements and alterations performed on the Premises by Contractor shall be the property of Landlord when installed unless the applicable Landlord's consent specifically provides otherwise. Improvements and alterations installed by Contractor shall, at Landlord's option, be removed by Contractor and the Premises Page 205 of 235 restored, at Contractors expense, unless the applicable Landlord's consent specifically provides otherwise. 7 Property Insurance and Waiver of Subrogation: City of Pasco shall purchase and maintain during the term of the lease all-risk property insurance covering the Building for its full replacement value without any coinsurance provisions. Contractor and City of Pasco hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered 100% by property insurance on or in connection with the premises of said building. This release shall apply only to the extent that such claim, loss or liability is covered 100% by insurance. City of Pasco will insure personal property of the ACA in the amount equal to the value of the ACA-owned inventory and is under no obligation to insure any of Contractor's personal property located in the Premises. 8 Utilities: ACA shall provide and pay for the following utilities: electric service, gas, water and sewer services. Contractor shall provide telephone and communication services, garbage disposal services, janitorial services, and security services as needed. 9 Damage or Destruction: If the Premises are damaged or destroyed in whole or in part by no fault of Contractor, and Contractor is unable to provide services required by Agreement, the ACA may, at its option, elect to terminate this Agreement upon thirty (30) days’ notice. 10 Surrender: Upon expiration of the Agreement term or earlier termination as provided herein, Contractor shall surrender the Premises in the same condition as at the commencement of its use, reasonable wear and tear expected. ARTICLE 14. RESPONSIBILITY FOR SUPPLIES AND MATERIALS 14.1 The ACA shall have no responsibility for the loss, theft, mysterious disappearance or damage to all equipment, tools, materials, supplies and other personal property of Contractor or its employees, agents or subcontractors, which may be stored on ACA premises. Contractor shall provide the ACA an inventory of property no later than January 15, each year. Upon termination or expiration of this Agreement a walk-through of the Page 206 of 235 premises shall be performed to reconcile the inventory of property. Failure to participate in the post-service walk-through by the Contractor shall constitute a waiver of any claim to ownership of disputed equipment or inventory. ARTICLE 15. TERMINATION OF AGREEMENT 15.1 This Agreement may be terminated under the following conditions: a. By written mutual agreement of both parties. Termination under this provision may be immediate. b. Without cause upon six (6) months written notice by either party to the other of intent to terminate. c. Failure to comply with the conditions of this contract after thirty (30) day notice of deficiency shall be grounds for termination. Contractor will be allowed 30 days to correct conditions not in compliance with Agreement. At its sole discretion, the ACA may extend the 30-day cure period based upon the progress of the Contractor to correct conditions in the initial 30-day period or any factors outside the control of the Contractor that prevent correcting the condition within the initial 30 days. d. The ACA may at its sole discretion, unilaterally terminate this contract on sixty (60) days’ notice for documented performance failures. e. Upon thirty (30) days’ notice by the ACA, in the event of property loss of the leased premises, natural disaster preventing performance under this Agreement, or conviction of a crime committed by the Contractor or one of its agents in the course of performing under this Agreement. If this Agreement is terminated by either party, the ACA agrees to pay to the Contractor all costs and expenses associated with services provided to the effective day of termination. Monies due and payable will be pro-rated based on the number of service days performed through the date of termination. Notwithstanding any termination hereunder, all requirements of this Agreement shall remain in full force and effect through the date of termination upon written notice from the ACA. ARTICLE 16. STANDARD OF SERVICES 16.1 Contractor agrees to perform services with the standard of skill and diligence normally provided by a professional organization in the performance of similar services. It is understood that the Contractor must perform the services based in part on information furnished by ACA and that Contractor shall be entitled to rely on such information. However, Contractor is given notice that ACA will be relying on the accuracy, level of competence and completeness of Contractor's services in utilizing the results of such Page 207 of 235 services. To further this level of service, the Contractor will develop, within 90 days of the beginning of this Agreement, a set of written operational procedures relating to daily operations, including but not limited to euthanasia procedures. Such procedures shall be subject to the approval of the ACA and the Contractor will be accountable for compliance with such procedures. 16.2 Additional standards of service requirements shall include, but not be limited to, the following: • Maintain good customer service skills. • Animals and residents shall be treated respectfully and courteously at all times. • Maximize use of volunteers for animal control operations/adoption coordination. • Be responsive to city/citizen requests. • Maintain a professional appearance. • Maintain professionalism with the public and public agencies. 16.3 Contractor warrants that the recommendations, guidance, training and performance of any person assigned under this Agreement shall be in accordance with generally-accepted practices for handling and treatment of animals, professional standards and applicable regulatory practices, and requirements of this Agreement. ARTICLE 17. TERM OF AGREEMENT 17.1 This Agreement shall remain in full force and effect as written through December 31, 2021, with option upon mutual agreement for additional two (2) one-year extensions thereafter. ARTICLE 18. SURVIVAL 18.1 The terms, conditions, representations, and all warranties contained in this Agreement shall survive the termination or expiration of this Agreement. ARTICLE 19. DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR 19.1 See Attachment A – Scope of Work. ARTICLE 20. FEES 20.1 The Contractor agrees to provide animal control services as herein specified and in the manner specified. The ACA shall have no liability for taxes, insurance or other expenses associated with the performance of the Contractor's duties hereunder. The ACA shall compensate the Contractor in monthly installments in an amount according to the Compensation Schedule included with Attachment B. The Contractor shall be responsible for collecting appropriate impounding fees and boarding fees and shall be responsible for remittance to the Cities according to the Fee Schedule included with Attachment C. ARTICLE 21. METHOD OF PAYMENT Page 208 of 235 21.1 Payment shall be made within 10 days upon receipt by ACA of a written invoice to be provided to ACA by Contractor at the end of the month in which services were rendered. ARTICLE 22. PUBLICITY 22.1 Contractor shall not use in its external advertising, marketing programs, or other promotional efforts any data, pictures, or other representations of the ACA except on prior specific written authorization from ACA. ARTICLE 23. SUBCONTRACTING 23.1 The Contractor shall not employ other subcontractors without prior written approval of the ACA nor shall the duties of the Contractor under the contract be delegated without prior written approval of the ACA. Unless otherwise expressly agreed by ACA, the Contractor shall remain responsible for the quality and timeliness of performance notwithstanding any delegation of said required performance. 23.2 The Contractor will assume full responsibility for administering and managing all of its subcontractor(s). All ACA communications concerning any subcontractor will be directed through the Contractor's resident general manager. 23.3 The ACA may enter into agreement with other jurisdictions in the area to provide animal control services. Contractor shall enter into these agreements only upon mutual written agreement between the ACA and Contractor. The Contractor is prohibited from entering into agreements or providing animal control services with other jurisdictions without prior written approval of the ACA. Article 24. INSPECTIONS AND RECORDS 24.1 The Contractor shall submit to inspections of the premises and records by representatives of the ACA at any time, without prior notice. Such inspections may include, but not limited to, financial audits, records audits, inspection of kennels, or observation of procedures. The Contractor will also submit to inspection and oversight by a professional oversight committee appointed by the ACA. Contractor agrees to maintain all records with respect to services provided under this Agreement for six (6) years and shall maintain such records in such a manner as to preserve those records in case of a public records request. Contractor shall fully comply with ACA and Cities to respond to applicable requests for public records. ARTICLE 25. SIGNATURE PAGE 25.1 The Contractor and the ACA hereby agree to all provisions of the Agreement. Signed this ______ day of ______________ 2020, Pasco. Washington. CITY OF PASCO, WASHINGTON CONSULTANT Page 209 of 235 Dave Zabell, City Manager Rebecca Howard, Contractor ATTEST: Debra Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney Page 210 of 235 ATTACHMENT A – SCOPE OF SERVICES DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR Enforcement of Animal Regulatory Laws The Contractor shall be fully responsible for taking animals into custody, transporting animals, administering and enforcing animal control regulations, investigating animal control complaints, as well as enforcing action(s) in accordance with the Cities' respective municipal codes and the Revised Code of Washington (RCW). Responsibilities of the Contractor shall include, but may not be limited to, the following: 1. Field Service Calls: The Contractor shall initiate within one business day during normal business hours of the Shelter, an investigation and follow up on all animal control complaints referred to it by the public, appropriate officers, health services or other entities where the complaints constitute violations of Kennewick, Pasco or Richland municipal codes. Records shall be kept on each complaint, to include action(s) taken and disposition(s). Examples of field service calls may include but are not limited to: • Domestic animal at large • Barking dog • Unlicensed dog or cat in participating cities • Dog or cat with no rabies vaccination • Dog threatens person • Dog threatens domestic animal • Dog or cat bite • Injured or sick domestic animal • Assist law enforcement agencies upon request • Abandoned animal • Animal cruelty • Dead on arrival dog or cat • Confined dog or cat • Trapping dog or cat • Dangerous or potentially dangerous dog • Kennel inspections • Dangerous dog inspections • Inherently dangerous mammal or reptile inspections • Special Assistance 2. Apprehension: Apprehend and impound stray dogs and cats. The Contractor shall direct its animal control officer(s) to return the dog or cat to the owner, if known, while the officer is in the field and issue a written warning or citation to the owner instead of impounding the animal for a first-time offense. Subsequent offenses shall be impounded. Vicious animals at large must be impounded including first-time offenses. Complete and accurate records of all apprehensions and impounds, including disposition of the animal, shall be maintained. 3. Secure evidence of suspected violators: Evidence shall be recorded, properly identified, and stored in a secure location. Page 211 of 235 4. Distressed Animals: Animals in distress, including hardship cases, such as owner arrest or house fires, must be impounded. If a distressed animal cannot be safely impounded, based on the professional opinion of a qualified veterinarian, it must be destroyed immediately. The method used for euthanasia must be approved by the ACA. 5. Hazard Removal: Dead animals whose owners are unknown and which constitutes a traffic hazard on City roadways and Rights-of-Way must be removed. In instances where a hazard exists which is a violation of local ordinance but the animal is alive, the animal shall be impounded. The Contractor shall not be responsible for the collection and disposal of dead animals found on private property. 6. Disposal of Dead Animals: The Contractor shall pick up and remove small or large dead animals from City roadways and Rights-of-Way within six (6) hours of notification during normal business hours. If outside of normal business hours, the dead animals shall be removed within sixteen (16) hours of initial notification. 7. Emergency Response: The Contractor for animal control enforcement shall be available twenty-four (24) hours a day, seven (7) days a week, on an emergency response basis. Emergency response shall be for any of the following: a. Vicious animals, or animals wild or domestic that may reasonably constitute a hazard to persons or other animals or threaten public safety. b. Animals with life-threatening injuries. c. Hardship cases or law enforcement assistance matters. d. Special Assistance. 8. Court Appearances: The Contractor's personnel may, on occasion, be required to appear in court in support of enforcement action. The Contractor shall not receive additional compensation for these appearances and shall be timely and professional in all such appearances. 9. Special Assistance: From time to time special assistance may be required to respond to unique circumstances and/or animal care needs. Such special assistance or care shall be the responsibility of the Contractor. 10. Citation Authority: Issue citations for the violation of animal regulatory ordinances. 11. Reporting: Provide complete and accurate reports, in a format approved by the ACA, to the Cities by the 15th of the following month pertaining to the enforcement activities. 12. Telephone: Provide a telephone call receiving system that can accommodate high call volume and ensure that a message can be left if a person is not available to receive the call. Phone messages shall be retrieved within 10 minutes. Emergency callers shall be contacted immediately upon receipt of the message. After hour emergency calls shall be routed to an on-call employee or answering service. All calls for service shall be logged and a disposition recorded. Page 212 of 235 13. Enforcement Officers: A minimum of one enforcement officer will have at least three (3) years’ experience in animal control enforcement and will possess current enforcement certification. (These requirements may be temporarily waived by agreement of the Contractor and ACA). All enforcement officers will obtain certification within the minimum time period and will maintain current status of certification. All enforcement officers shall be suitably uniformed to present a clean, respectable image to the public. The Contractor shall be responsible for securing limited enforcement-commissions from each City to enable the officers to enforce the terms of the Cities' animal regulatory ordinances. All enforcement officers will be trained in the issuance of criminal complaints and citations, as well as investigation, reports preparation and court procedure, in addition to training in methods of animal control and handling procedures. 14. Cruelty Complaints: Respond to and provide resolution to complaints regarding animal cruelty. Whenever evidence of criminal animal cruelty is discovered, such complaints will be coordinated with the appropriate law enforcement agency for further investigation, along with a written report. 15. Activities Not Covered: The Contractor shall not generally be responsible for the following items: a. Responding to complaints or incidents involving wild animals, except, where it is in the interest of public safety that the Contractor respond or the public safety is impaired by the presence of a wild animal, dead or alive, on a public roadway or within the Right-of-Way. b. Rehabilitating and restoring to health animals that have been injured, neglected or abused beyond the basics of shelter, food and water that is not required by State law. 16. Random Patrol: In addition to providing the services indicated, the Contractor shall provide random patrol when available pursuant to a separate agreement between any ACA City and the contractor with the understanding that such agreement will not affect labor or equipment contemplated by this agreement. Animal Shelter Facilities The Contractor shall provide animal shelter services at the ACA leased facility for all animals for which impounding or quarantine is authorized or ordered by this Agreement, by the Cities or the Benton-Franklin Health District for animals’ subject to the Cities' jurisdiction. These facilities shall be operated and maintained on a 24-hour per-day basis, in a neat, clean and sanitary condition, in compliance with all applicable governmental statues. ordinances, rules and regulations and in conformity with established standards for humane animal care. 1. Shelter Hours: The Shelter or shelter representative shall be accessible for contact 24 hours per day, seven days a week on an emergency response basis. The animal shelter facility Page 213 of 235 shall be opened to the public, with qualified staff on the premises, at least 40 hours each week, one day being Saturday, on a schedule approved by the ACA. The shelter will be closed on the following Holidays. a. Holiday Schedule i. New Year's Day ii. Memorial Day iii. Independence Day iv. Labor Day v. Veterans Day vi. Thanksgiving Day vii. The day after Thanksgiving viii. Christmas Day 2. Delivery of Animals: The Contractor shall provide a procedure whereby animals may be delivered to the shelter on a 24-hour basis. 3. Building: Contractor shall equip and organize the shelter to have an adequate number of dog kennels and cat cages, isolation facilities for sick dogs and cats, quarantine facilities for biters or injured animals which are not necessarily sick, and access to large animal housing. The animal shelter shall be maintained in a clean and sanitary condition and the Contractor will not permit any condition to exist that might constitute a public nuisance. The kennel shall comply with the standards set forth in the Humane Society's Uniform Standards Guidelines (HSUS) for the operation of an animal shelter. The facility site shall be operated in conformance with local zoning regulations and shall comply with all Federal, State and local regulations. Contractor shall acquaint themselves with all applicable State and City ordinances and shall be responsible for obtaining all necessary approvals, permits and business licenses from each City. 4. Acceptance and Care of Animals: The Contractor shall provide care and treatment to all animals held in custody consistent with industry standards. Adequate housing and food shall be provided, and the shelter shall not be overpopulated. 5. Owner Surrender: The Contractor shall accept “Owner Surrender” of dog(s) and/or cat(s), upon payment of such reasonable cost to be established by the Contractor and reviewed by the ACA, to recover expenses relating to acceptance of such animals. 6. Reunification: Contractor must make all reasonable attempts to reunite animal with owner before euthanasia or adoption to include accessing current licensing records, using contact information on owner provided tags worn by the animal and scanning all animals to the extent possible to detect implanted computer chips. The owner, if determined, shall be contacted immediately. If contact cannot be established through phone or in person, a written notice shall be sent to the owner’s listed address at least two days prior to a hold being removed. Records of attempts to contact the owner shall be kept. Impounded animals shall be posted on the website and/or any social media outlets utilized within one business day of receipt of the animal. 7. Adoption: The Contractor shall be responsible for making every reasonable effort to prepare and present animals for adoption by the public and to facilitate the same. Page 214 of 235 Unclaimed animals will be made available for claim by ACA approved adoption agencies. The adoption process shall take place as determined by the ACA in consultation with the Contractor. Unclaimed animals are hereby allowed to be maintained by the Contractor at the Animal Shelter Facility at the expense of the Contractor, as long as space remains available for incoming stray animals. Any and all adoption fees for animals after the required hold times are to be retained by the Contactor. 8. Inspection of Premises: The ACA, through its authorized representatives, shall have the right to enter upon and inspect the premises during regular business hours for the purpose of inspecting the facilities for the above-mentioned conditions. 9. Disposal of Unclaimed Animals: The Contractor shall provide for the humane disposal of unclaimed animals after holding them for a minimum hold time as required by applicable City Ordinance, unless documented, sickness or injury requires earlier disposal Under no circumstances shall animals not adopted be sold for purposes of medical research or other activities without the consent of ACA. Animals that are abandoned or surrendered at the shelter will be held for a minimum period of the hold times that are defined as: dogs 72 hours, cats 24 hours; unless age, sickness, and/or injury requires earlier disposal. Animals that are unable to feed on their own are not required to be held. The Contractor shall be responsible for maintaining animals beyond the minimum time as may be required for the completion of any judicial process or to the extent required by law. Animals held longer than the minimum hold times required by City Ordinance or otherwise stipulated by terms of this contract are at the expense and responsibility of the Contractor. 10. Euthanasia: Arrange and/or provide for the humane euthanasia and disposal of unwanted animals. This shall be accomplished in a manner approved by Federal or State regulations which shall not subject such animals to any unnecessary pain. Euthanasia will be performed in a non-public area and out of sight of visitors to the kennel. Euthanasia will be performed by certified technicians only or under the direction of a certified technician as provided by State law. The manner of euthanasia must be approved by the ACA. The Contractor shall keep comprehensive records and submit regular detail summary reports to the ACA by the 15th of the following month. All income and expenditures shall be recorded in accordance with generally accepted accounting principles. The financial records shall be subject to audit by any governmental agency, or contractor hired by one of the governmental agencies with jurisdiction at the time and place mutually convenient to the parties during the term and for a period of six (6) years thereafter. Contractor understands that certain records may be subject to State-mandated retention. 11. Volunteer Program: The Contractor will encourage community involvement through volunteer opportunities. Volunteer activities could include pet enrichment activities, office Page 215 of 235 help, transportation to vet appointments, donation pick-ups, adoption events, and cleaning tasks. 12. Foster Program: The Contractor will manage a Foster Program to help alleviate overcrowding. The Foster Program will benefit dogs and cats that may have behavior challenges, the elderly, sick or recovering from surgery, and puppies and kittens that need 24/7 care. 13. Education: Provide education to the public. Which can include but not limited to: a. Dog bite prevention program b. Public service announcements c. Community outreach – fair booth, license clinics, special events, etc. 14. Website: Update and maintain all facets of the website. Including: a. Lost & Found Pets b. Adopt a New Pet c. Our Pet List d. Foster Program e. Photo Gallery f. Volunteer Opportunities 15. Telephone Number and Name: The shelter telephone number {509) 545-3740, facsimile number (509) 545-9293 and names, "Tri-City Animal Shelter & Control Services” & "Tri- City Animal Shelter" belong to and are owned by the ACA and will remain the property of the ACA upon termination of this contract. Each Member City of the ACA will list the number along with other City services in Agency directory and/or Agency Website. Additional listings in the yellow pages or other directories are the responsibility of the Contractor. 16. Pound Master: The Contractor shall be the Cities' Pound Master(s). 17. Collect Fees: The Contractor shall be responsible for collecting appropriate impounding and boarding fees, according to the Attachment C Fee Schedule, and submitting such fees to the respective Cities monthly. Failure to collect and submit fees can result in ACA withholding service payment until resolved. 18. Licenses: The Contractor shall ensure that all animals released or adopted are properly licensed and vaccinated for rabies in accordance with City ordinances, and shall remit license fees to the Cities. Equipment 1. The Contractor shall be responsible for and obtain all equipment, tools and supplies used in performing the Contractor's obligations arising under this agreement. All equipment, tools & Page 216 of 235 supplies that are donated to the Contractor for use in obligations under this contract, purchased with ACA funds and/or the ACA has furnished or expressly promises to furnish with set-aside funds shall become property of the ACA upon termination of this contract. ACA funds shall include the approved Contractor budget and any set-aside funding. A current and accurate inventory shall be maintained and provided to the ACA by January 15 each year. The inventory shall include all assets of the contractor that are, or will become property of the ACA. Operating supplies, such as office & cleaning supplies, forms and food are not to be included on the inventory. Contractor shall, upon termination of the contract maintain sufficient and reasonable operating supplies so that an incoming contractor can maintain reasonable service levels without interruption. 2. The Contractor shall stock dog and cat traps, and cat carrying cases, for use by citizens. Additionally, the Contractor shall have computer chip detection equipment to be able to detect and read computer chips in animals to assist in locating the owner. 3. Animal Transport Equipment: The ACA will provide 3 patrol vehicles under this contract as identified in the vehicle set-aside of the Compensation Schedule. Vehicles purchased with ACA funding will remain the property of the ACA upon termination of this contract. The contractor shall be responsible for licensing and maintaining the ACA patrol vehicles to carry out the enforcement activities of the contract. The patrol vehicles shall have a uniform appearance, be conspicuously marked and identified, equipped with communication equipment and equipped in such a manner as to provide humane treatment for the animals transported. Communication equipment may be provided through handheld radio or cellular phone device upon approval of the ACA. Contractor shall provide documentation of comprehensive, bodily injury, liability and property damage insurance coverage for a minimum limit of $1,000,000 for all vehicles used in performance of this contract. The Contractor will begin the initial term of this contract with the following ACA vehicles: 2014 Ford Transit – VIN# NM0LS6E70E1157980 2015 Ford Transit – VIN# NM0LS6E73F1176699 2007 Ford PU – VIN# 1FTRF12277KC62235 2004 Nissan PU – VIN# 1N6DD26TX4C472078 4. The Contractor shall have vehicle(s)/equipment available for hauling large animals and provide documentation of insurance coverage. This and other equipment, tools & Supplies that Contractor provides for use in obligations under this agreement that are not purchased with ACA funds shall remain the property of the Contractor. Other equipment, tools & Supplies that Contractor provides for use in obligations under this agreement that are not purchased with ACA funds shall remain the property of the Contractor. Records and Reports The Consultant shall be required to develop its own record-keeping procedures and to maintain records of all animals it handles in accordance with applicable public records statutes as outline in the Revised Code of Washington. Page 217 of 235 1. Reports including but not limited to: a. Number of impounds b. Number of adoptions c. Number of emergency responses d. Disposition of complaints regarding animals e. Dangerous or potentially dangerous animals and dog-bit incidents f. All initiated criminal citations issued g. Any additional information that may be required by a City through its regulatory ordinances h. Number of animals destroyed by euthanasia 2. The Reports shall include the following information: a. description of animal; b. reason it was brought in; c. who brought in the animal; d. from what City the animal was brought in; e. time frame, of when animal brought in, how long it stayed, when released, redeemed, adopted, euthanized; f. fees collected. g. record of all adoptions with names and addresses of new owner; h. record of licenses sold with names and addresses. 3. Failure to Submit: Failure to submit records, reports and/or fees as required in this agreement to the ACA can result in ACA withholding service payment until resolved. The above-required information shall be available to ACA on a monthly basis on approved forms as requested and shall be accessible to the ACA during normal business hours. Fees collected and record of licenses sold including names and addresses shall be delivered to the appropriate City on a monthly basis. Financial and other statistical information shall be provided monthly by the 15th of the following month as required by ACA. The appropriate City shall also receive records of all dangerous or potentially dangerous dog-bite incidents Page 218 of 235 ATTACHMENT B - COMPENSATION SCHEDULE Animal Control Budget 2021 - NEOs Enforcement & Sheltering 2021 Current Staffing Shelter Director 60,000 Shelter Care Manager 45,000 Chief Financial Officer 45,000 Supervising Animal Control Officer 42,240 Officer 1 40,320 Officer 2 40,320 Officer 3 38,400 Officer 4 38,400 Intake Clerk 29,760 Adoption Clerk 29,760 Dispatch 29,760 Kennel Staff 1 23,040 Kennel Staff 2 23,040 Kennel Staff 3 23,040 Kennel Staff 4 23,040 Kennel Staff 5 23,040 Animal Care Assistant 17,280 sub total 571,440 Benefit Cost Medicare 8,379 Social Security 36,364 Suta/Futa 5,963 L&I 20,781 Health Insurance 70/30 85,624 Dental Insurance 75/25 5,874 sub total 162,985 Salary and Benefits Sub-total 734,425 Answering Service 14,890 Legal 700 Veterinary - court cases/cruelty 15,000 Page 219 of 235 Equipment (traps/catch poles, etc) 3,500 Training 3,000 Radio/Phone/Cell Phones 14,572 Uniforms 2,500 Operating Supplies Euthanasia/sedatives/syringes 515 Cleaners 7,500 Kitty Litter 5,000 Business License 200 Leasher/Collars 150 Office Supplies 3,500 Animal Food 7,500 Chip Equipment/repair 620 Gloves/animal handling 200 Cippers/Blades 50 Vaccinations (disease control) 3,000 BLDG Maintenance/Repair 2,000 Garbage Service 2,700 Cremation 10,200 Liability Insurance 8,495 Vehicle Insurance 13,844 Vehicle main/repair 7,000 Gas/Oil 12,000 Operating Cost Sub-total 138,636 Total Annual Compensation 873,061 Monthly Allocation 72,755 Monthly Cost Per City 24,252 Page 220 of 235 ATTACHMENT C - FEE SCHEDULE Fees/Hold Times/Dangerous Dog Kennewick Pasco Richland Penalty (Citation) First Offense $50.00 $50.00 $30.00 Second Offense $100.00 $100.00 $50.00 Third Offense $200.00 $200.00 $75.00 Four or more $400.00 $400.00 $100.00 Annual License Fees Unaltered Cats and Dogs $0.00 $45.00 $45.00 Altered Cats and Dogs $0.00 $10.00 $10.00 Dangerous or Wild Animal Permit $250.00 $250.00 $250.00 Impound Fee First $10.00 $35.00 $35.00 Second $50.00 $50.00 $35.00 Three or More $100.00 $100.00 $35.00 Hourly time for animals Cats w/o License 24 48 72 Cats w/ License and Dogs 72 72 72 10-day Temporary License Yes Yes Yes Page 221 of 235 AGENDA REPORT FOR: City Council November 30, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 12/7/20 FROM: Steve Worley, Director Public Works SUBJECT: *Professional Services Agreement - PACE Engineering, Columbia East Pump Station and Force Main - Amendment No. 5 I. REFERENCE(S): Amendment No. 5 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Amendment No. 5 for the Professional Services Agreement with PACE Engineering for the Columbia East Force Main and Lift Station Project, and further, authorize the City Manager to execute the agreement. III. FISCAL IMPACT: Original Professional Services Agreement (PSA) $599,393.20 Amendment No. 1 $26,709.80 Amendment No. 2 $41,849.00 Amendment No. 3 $39,136.13 Amendment No. 4 $83,020.00 Amendment No. 5 (Proposed) $108,657.00 Revised Total Budget $898,765.13 Costs associated with this PSA are funded through the following: • Franklin County Economic Development (.09) Grants (2017 & 2018) • Washington State Capital Budget Direct Appropriation • Debt Service Paid by the Processors • Economic Development Fund The construction phase of this project is also being funded with the help of a federal Economic Development Administration (EDA) grant of $6 million; $3 million in an original allocation and an additional $3 million soon to be allocated. Page 222 of 235 IV. HISTORY AND FACTS BRIEF: The City entered into a Professional Services Agreement (PSA) with PACE Engineers for the design and right-of-way acquisition for the Columbia East Force Main and Lift Station project in early 2018. The proposed design included: 1. The Columbia East Lift Station: construction complete. 2. The Columbia East Force Main: a 4.5 mile dual force main extending from the Columbia East Lift Station to the PWRF along the proposed easements on private property and within City/County public right-of-way. Subsequent to the original PSA, four amendments have been approved for the project. The original project consisted of two force mains, but due to limited funding the project scope was reduced to a single force main. While design continued to keep the project on-schedule, the City pursued an opportunity for supplemental funding. Based on recent communications with the U.S. EDA, supplemental funding is anticipated on the order of $3M and the current project design will need to be revised to include a second large-diameter force main. Previous amendments accounted for the following services: Amendment No. 1: Provided additional scope for construction engineering support services during construction of the Columbia East Lift Station. Amendment No. 2: Additional design scope to incorporate odor control in the force main, through pH adjustment and to create a separate set of contract documents for the force main. Amendment No. 3: Additional design scope to revise the alignment based on right-of- way negotiations and obtain survey of three parcels. Documentation required for right- of-way negotiation was provided. Amendment No. 4: Additional design and construction phase scope. Design scope included continued revision of the Columbia East force main alignment due to right of way negotiations, a record survey for the DNR parcel, and continued coordination with DNR. Construction engineering services included responding to RFIs, and review of submittals and shop drawings. V. DISCUSSION: As a result of the aforementioned additional EDA grant dollars, proposed Amendment No. 5 is necessary to account for necessary revisions to the 100% single- line design package to add the second force main. The additional of a second large- dimeter force mean is a significant impact to the project requiring engineering services to update the alignment, and identify and address additional conflicts with existing infrastructure in the path of the new proposed double-line alignment (primarily curb, Page 223 of 235 gutter and stormwater facilities). Amendment No. 5 would expand the scope of work with PACE Engineering to convert the design to accommodate a dual force main. The award of additional U.S. EDA supplemental funding in the amount of $3 million dollars for the construction of a second 16” (inside diameter) force main is an opportunity for the City and current and future Ag processors within the sub -basin. An amendment to this PSA has been negotiated in the amount of $108,657.00 to compensate PACE for these additional services. Staff recommends approval of Amendment No. 5 to the Professional Services Agreement with PACE Engineering for the Columbia East Force Main and Lift Station project in the amount of $108,657.00 Page 224 of 235 AMENDMENT NUMBER 5 to PROFESSIONAL SERVICES AGREEMENT 17003 -COLUMBIA EAST LIFT STATION AND FORCEMAIN PROJECT CONTRACT #CP9—SR-2A-17-01 WHEREAS,the City and PACE Engineers,Inc.entered into a Professional Services Agreement on 5/31/2018 to provide engineering services with respect to the Columbia East Lift Station and Force Main Project. WHEREAS,the City and PACE Engineers,Inc.entered into the first Amendment to the Professional Services Contract No.CP-9-SR—2A-17-01 on 12/15/2018 to add construction management services (scope &fee),and additional time of performance; WHEREAS,the City and PACE Engineers,Inc.entered into the second Amendment to the Professional Services Contract No.CP~9-SR-2A-17-01 on 4/22/2019 to add additional design engineering and additional construction management support (scope and fee); WHEREAS,the City and PACE Engineers,Inc.entered into the third Amendment to the Professional Services Contract No.CP-9-SR-2A-17-01 on 8/19/2019 to add additional design engineering (scope &fee)and additional time of performance; WHEREAS,the City and PACE Engineers,Inc.entered into the fourth Amendment to the Professional Services Contract No.CP-9-SR-2A-17-O1 on 5/19/2020 to add additional design engineering and construction engineering (scope and fee); NOW,THEREFORE,this agreement is amended to allow PACE Engineers,Inc. to provide additional engineering services (scope &fee)as described within Exhibit A &B. 1.Scope of Work: Please see Exhibit A. 2.Fee: The compensation for this amendment is based on a Time and Materials Basis is not to exceed the amount of $108,657.00 for a total contract amount of $858,765.13.Refer to Exhibit B for the breakdown of hours. 3.Time of performance: The services within this amendment shall be complete for the project on or before 12/31/2021. Amendment No.5 to Professional Services Agreement Page 1 PACE Engineers,Inc. 17003 -Columbia East Lift Station and Force Main Project Page 225 of 235 DATED THIS DAY OF ,2020. CITY OF PASCO:PA GINERS,INC.: Dave Zabell,City Manager R in D.Ne son.P.E.,Senior Principal Engineer Amendment No.5 to Professional Services Agreement Page 2 PACE Engineers,Inc. 17003 —Columbia East Lift Station and Force Main Project Page 226 of 235 City of Pasco Columbia East Forcemain Modi?cations Job #18424 -Amendment #5 November 30.2020 Project Understanding The City of Pasco is seeking additional funding from Economic Development Administration (EDA)to assist with the financing of the Columbia East Forcemain project.This amendment will provide the professional engineering necessary to revise the current forcemain final design documents to include a second parallel 20 inch outside diameter (16.146 inch inside diameter) HDPE DR 11 pipeline from the new Columbia East pump station approximately five miles north to Foster Wells Road. The original design report called for two parallel forcemains to provide redundancy for maintenance and future capacity for receiving additional processors’agricultural wastewater. Preliminary plans were prepared depicting this alignment for the purpose of developing utility easement documents for acquisition.The design of the forcemain did not progress past this early stage of development. Upon review of the rough order of magnitude cost estimate,the City determined that insufficient funding was available to construct both pipelines.Thus,PACE was instructed to revise the preliminary plans to a single pipeline concept and complete final engineering to bid ready PS&E.This bid ready PS&E for the single pipeline concept was submitted to the City in August 2020. EDA has confirmed the City’s eligibility for additional funding for this project to assist with financing the original dual forcemain concept.This is a competitive funding opportunity; however,the City feels confident that the likelihood of their success is probable.Therefore, the City has requested the following scope of work and budget to prepare bid ready PS&E for the dual forcemain concept. Schedule The City has determined the need for the forcemain construction completed by June 30,2021. Striving to meet this expectation,an accelerated deadline for completion of the design phase is December 30,2020.Bid advertisement and contract award is tentatively scheduled for January 2021.The target for start of construction is mid to late February. Assumptions The following assumptions help to determine the scope of work and level of effort to complete the final deliverables. 1.No additional topographic survey or mapping is needed. 2.No additional environmental documentation or permitting is required. 3.The SEPA checklist will NOT need to be revised to include the second parallel pipeline and appurtenances. 4.PACE will not be required to provide public out-reach or attend any open house meetings with stakeholders. 5.This scope of work does not include utility right of way or easement acquisition.All utility easement acquisition has been accomplished for the dual pipeline alignment. 6.The dual forcemain alignment will commence from the point of connection at the Columbia East pump station,adjacent to Commerce Avenue,and travel northerly to a point of connection with existing forcemain at the intersection of the PWRF access road and Foster Wells Road (approximately 25,000 LF). 1|Page Page 227 of 235 7.The forcemain material and size shall match that of the current design which is 20 inch IPS HDPE DR 11 pipe with an inside diameter of 16.146 inches. 8.The second forcemain profile will match that of the current design.No above ground appurtenances will be allowed across the Tiegs and DNR utility easements.This to .enable unrestricted farming activities to continue over the utility easement alignment. 9.The dual forcemain alignment will be within public right of way along Hillsboro Street, Capital Avenue,and Foster Wells Road.' 10.The City does not have records of the storm drainage dry wells and infiltration beds located along the east side of Capital Avenue.These locations were estimated in the current single pipeline PS&E.PACE will continue to use these estimated locations for preparation of the dual forcemain PS&E.it is very likely these facilities will be damaged during construction and will need to be replaced. 11.Site specific traffic control plans will be prepared for the dual pipeline concept as two way vehicular access during construction will be impacted along Hillsboro Street,Capital Avenue,and Foster Wells Road. 12.Site specific temporary erosion and sediment control plans will be prepared and included in this dual forcemain concept.Standard details will conform to the City of Pasco and Ecology Stormwater Management Plan for Eastern Washington BMPs. 13.PACE will use the existing specifications boilerplate used in the current final PS&E submittal which includes all the EDA funding requirements and represents the City of Pasco’s most current version of their bid proposal,contracts,contract bond and insurance requirements,and general special provisions. 14.To expedite the design phase,the work plan will not include formal design phase submittals and City staff review.Rather,the City will be involved in an initial design- charrette to establish the final alignment for the dual forcemain and a subsequent over- the-shoulder review with PACE designers prior to bid. 15.This work plan anticipated the dual forcemain alignment will be modified along Hillsboro Street,Capital Avenue,and Foster Wells Road due to utility conflicts.The dual pipeline alignment willfavor the east side of Capital Avenue due to significant underground power conduit and vaults providing service to the industrial businesses.This alignment will impact existing storm drainage dry wells and infiltration beds. 16.The dual forcemain alignment will be centered within the 30 feet permanent utility easement (PUE)shown on the current final design right of way plans. 17.The forcemain plan and profile sheets will remain and 1”=20’horizontal scale. 18.Construction Engineering Services is included in amendment #4. 19.City staff will be responsible for obtaining the Franklin County Right of Way Permit. 20.The SEPA checklist dated July 22,2019 includes the dual forcemain approach and we do not anticipate updating SEPA for this scope of work. Scope of Work Task 1-Project Management Task 1.1 —Project Administration Provide contract administration services including but is not limited to planning and monitoring scope of work,budget,and schedule for compliance with work plan,prepare monthly invoices,and prepare progress reports.Progress reports to include a description of work accomplished,upcoming work,budget status,and schedule status.This work also includes PACE team management and direction as the design phase progresses.For the purposes of establishing a budget for this work we assume 4 hours per week for the 5 week estimated design phase,plus initial coordination of 8 hours. Deliverablesz Budget assumes three (3)Monthly Invoicing with Project Status Report 2|Page Page 228 of 235 Task 1.2 ——Quality Assurance lQua|ity Control PACE will provide QA/QC in accordance with PACE standard practices.PACE te_amwill conduct critical reviews continuously throughout project and specifically prior to issuance of bid documents.Due to the accelerated design phase additional senior staff involvement and review time is anticipated to during the design phase to meet industry standards for care. Task 1.3 -Communications Project manager shall conduct up to three (3)bi-weekly progress meetings with City. Meetings will focus on the status and schedule of the PS&E.Meetings will be virtual.An additional 10 hours of email and other project management/status communication is assumed for budgeting purposes. Deliverables:Three (3)meeting agendas and notes. Task 2 —Design Phase Task 2.1 —Amend Forcemain Alignment for Dual Pipeline PACE will provide composite set of forcemain plans with the original 30%dual forcemain alignment included with the current single forcemain alignment.PACE and the City will conduct a design charette to determine a new dual pipeline alignment.Once the alignment has been determined,assumed to be by December 4,2020,PACE will begin revising the 100%plans and specifications submitted on August 8,2020 for bid purposes and include the dual forcemain concept. Deliverables:Fifty Seven (57)sheets scaled plan and profile sheets;three (3)half-size copies on 11”x17”in AutoCAD Civil 3D format,and an electronic copy of the full size plans. Task 2.2 —Revise TESC PACE will prepare temporary erosion control plans to comply with the City of Pasco design standards and include appropriate BMP’s identified in the Eastern Washington Stormwater Management Plan current edition. Deliverables:Five (5)sheets of scaled TESC plans and details;three (3)half size copies on 11” x17”in AutoCAD Civil 3D format,and an electronic copy of the full size plans. Task 2.3 —Revise Traffic Control Plans PACE will revise the current temporary traffic control plans from the standard WSDOT typical detail format to a site specific plan for conveying traffic through the work zone along Dietrich Road,Hillsboro Street,Capital Avenue,and Foster Hills Road.The traffic control plan will maintain access to local businesses to the extent practicable.Traffic control shall be developed in accordance with City of Pasco design standards,WSDOT standard plans and MUTCD. Deliverables:Five (5)sheets of scaled Traffic Control plans;three (3)half size copies on 11"x17” in AutoCAD Civil 3D format,and an electronic copy of the full size plans. Task 2.4 —Utility Conflict Resolution PACE will attempt to contact utility purveyors along the alignment corridor to receive any updated utility records to determine if revised,relocated or new utilities have been installed from our previous utility research included in the current August 8,2020 plans.Any revisions,relocations or new facilities will be incorporated into the design plans.If successful in obtaining utility records in the short design phase timeline,PACE will then identify any additional utility crossings and determine any conflicts and method for resolution.This design effort will also address restoration 3|Page Page 229 of 235 of existing infiltration beds and dry wells impacted by the dual forcemain alignment along the east side of Capital Avenue. Deliverables:This work will be included in the bid documents. Task 2.5 —Roadway Restoration PACE will develop typical sections and details to restore the damaged pavement section from the forcemain trenching activities.These typical sections and details will comply with City of Pasco design standards. Deliverables:This work will be included in the bid documents. Task 2.6 —Prepare Plans PACE will incorporate findings and conclusions reached at the design charette with City staff defining the dual forcemain alignment.In this final design iteration the plans will be developed for bidding purposes.No intermediate City review will be required.The plans will include general notes,specific construction notes,plans,profiles,section and details.The plans shall address private property restoration consistent with right of way negotiations and City design standards. Deliverables:Scaled plans (up to an estimated seventy (70)sheets);three (3)half-size copies on 11”x 17”in AutoCAD Civil 3D format,and an electronic copy of the full size plans.One electronic copy in pdf format of the review response matrix. Task 2.7 —-Modify Specifications PACE will modify the current 100%specifications dated August 18,2020 to accommodate the dual forcemain concept including an update of the quantities in the bid proposal. Technical specifications shall follow the City of Pasco format and adhere to the WSDOT/APWA 2021 Standard Specifications for Road,Bridge,and Municipal Construction, and include the EDA funding technical language required. Deliverables:Three (3)bound copies of the project manual including the City’s front-end boiler plate and PACE provided special provisions/technicalspecifications. Task 2.8 —Respond to EDA 100%Review Comments It is our understanding that EDA,funding agency,will require a review of the plans and specifications for bid authorization.PACE anticipates review comments or questions from EDA. Therefore,we will include in this scope of work level of effort needed to review and prepare responses to all EDA review comments for the plans and specifications submittal.The response matrix spreadsheet will be updated to summarize all review comments received along withPACE responses. Deliverables:Excel spreadsheet format review response matrix. Task 3 —Bid Phase Task 3.1 —Prepare Bid Documents Bid documents will be presented to the City for final review.If acceptable as submitted the City will proceed with uploading to their e-bid process.This project will follow the WSDOT Local Agency Guidelines (LAG)manual for local Ad and Award procedures. Deliverables:An Excel spreadsheet outlining all City review comments received on EDA submittal will be updated to include EDA and any final City review comments along with PACE responses.Electronic pdf formatted plans and specifications for bid solicitation. 4|Page Page 230 of 235 Task 3.2 —Bid Assistance PACE will review and respond to bidder RFl’s forward by the City project manager.Our responses will be in e—mai|format.For the purposes of establishing a budget we anticipate preparation of one addendum,as necessary.For the purposes of establishing a budget,respond to five (5)RF|’s and prepare one (1)addendum. Task 3.3 —Prepare Conformed PS&E and issue for Construction PACE will prepare a conformed set of plans and specifications which incorporate all addendum items which modified the bid documents.This conformed set of plans and specifications will be issued to the contractor for construction purposes. Task 4 —Cost Estimating Task 4.1 —Final Design Construction Cost Estimate PACE will develop a 100%cost estimate.PACE will meet with City staff to develop and review the appropriate unit costs to use for the project. Deliverablesz Opinion of probable construction cost submitted with bid documents. End of Scope of Work 5|Page Page 231 of 235 Er?tupHU _u>nmm:m_:m2m_u_.o_.mn.9.32<<o:G:m3-88_s:=_n_um_xmnmm n8_.mn~22$oo_:Emmum"mo3mam_=ma?a:¢m:==5EB.25_.o8:o:H0.2SvmmnoFmumaamsm.zm_mo:‘_um H..>523.am3%13aom"?:aS8.o _.muo_.:o=_.m3o_mww5nm=o: ‘U —..9 CD 9 :2 N» is :m 2; mamdamgAmmmEco.x28E23._ I 3 mandamIoE_<mammamat: ma_u§o9 >%.s_m§2.Io..=._.o$_ mm:_o1u1_._n€m_ U_.m<<_:m:.mmx._._=mmaoim?m=a_=mm_.E 1.! 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235 2020-2021CITVCOUNCILGOAISUsigCommunityDevelopmentBlockGrant(CD55)andotherpublicandprivatecapitaltorevitaiizeolderneighborhoodsandsaferoutestoessentialservices.Continuingeffortstowarddesigning,siting,programmingneeds,andsiteselectionforacommunitycenterandpursuingacquisitionoflandforfuturecommunitypark.DevelopingPhaseIoftheAStreetSportingComplexandcontinueeffortstoprovideadditionalsoccerandspans?elds.CoordinatingwiththePascoPublicFacilitiesDistricttodevelopapubliceducationcampaign,?nancialanalysisandprepareaballotmeasureconcerningthedevelopmentofaregionalaquaticfacilityforconsiderationbythepeople.Completingconstructionofanewanimalcontrolfacility.Ongoingeffortstoimproveefficiencyandeffectivenessofpublicresourcesinthedeliveryofmunicipalservices,programs,andIong~termmaintenanceandviabilityofpublicfacilities.Collaboratingwiththeinclusion,DiversityandEquityCommissionandcommunityleaderstoenhanceengagementeffortsandorganizationalculturalcompetency.Updatingdesignstandardsforthedevelopmentofnewneighborhoodsandredevelopmenttopromotegreaterneighborhoodcohesionthroughdesignelements,eg.:walkabillty,aesthetics,sustainability,andcommunitygatheringspaces.UpdatingParksandFacilitiesComprehensivePlantoinclude:publicfacilitiesinventory,needsassessment,levelofservice,andcentersevaluation.TeamingwithlocalandregionalpartnerstodevelopaHousingActionPlanwithafocusonstrategiesthatemphasizeaffordablehousing.Regularevaluationofservicesandprogramstocon?rmimportancetocommunity,adequacy,andcost—bene?t.ContinuationofcostofserviceandrecoverytargetsinevaluatingCityservices.Ongoingevaluationofcosts,processesandperformanceassociatedwithdeliveryofCityservicesIncludingcustomerfeedbackandsatisfaction,staffing,facilities,andpartnershipopportunities.instillingandpromotinganorganizationalcultureofcustomerserviceacrossallbusinesslines.Updatingpoliciesrelatingtourbanizationoftheunincorporatedislandstoassureconsistencywithlong~rangeplanning,communitysafety,andfiscalsustainability.Page 233 of 235 2020-1011CITVCOUNCILGOAISlDvelopingaComprehensivePoliceStrategicMasterPlanthroughatransparentprocesstoevaluatefutureservicelevelsofthedertmenttoassuresustainability,publicsafety,andcrimecontroloverthenext5-10years.Collaboratingwithregionalandcommunitypartnerstoevaluateandimplementstrategiestoreducetheincidenceofhomelessness.Leveragingandexpandingpartnershipstomaintainandenhancebehavioralhealthservicestocommunitymembersincrisisbeingassistedbypoliceandfire.Continuingeffortstoimprovepoliceandcommunityrelations.WorkingtoachieveandmaintaintargetfireresponsetimesthroughoperationalImprovementsandlong-rangestrategicplanningoffacilitiesandstaf?ng.Focusingonthelong-terrngoalofsustainingaWashingtonStateRatingBureauClass3communityrating.Leveraginginfrastructuredatabaseofsidewalks,streetllghtsandpavementconditionsalongwithevaluatingpoliciesandmethodstoaddressneedsandinequities.CommencementandcompletionofconstructionoftheLewisStreetOverpassproject,ContinuedemphasisonimprovementsinRoad68/l~182/BurdenBlvd.corridortoimproveoperationandsafety.Data-drivenpro-activeneighborhoodtrafficcalmingefforts.ContinuedcollaborationwithBenFmnklinTransittoenhancemobilityandaccess.CompletionofaTransportationSystemMasterPlanandutilitationofitsrecommendationstodeveloppolicies,regulations,programs,andprojectsthatprovideforgreaterconnectivity,strategicinvestment,mobility,multi-modalsystems,accessibility,efficiencyandsafety.DowntownrevitalizationeffortsofDowntownPascoDevelopmentAuthority(DPDA),post-COVIDrestart,andCityinitiativessuchasDowntownMasterPlanprocessandsigncodemodi?cations.TheconstructionofPeanutsParkandFarmersMarketandcontinuedeffortstopursuestreetscapeandgatewayupgrades.ThecompletionoftheComprehensiveLandUsePlanUpdateandBroadmoorMasterPlanefforts,adoptionofUrbanGrowthAreaexpansionalternative,implementationofadoptedlong-rangeplanningeffortswithappropriateanalysisandadoptionofplanningactionsincluding:zoningcodechanges,phasedsigncodeupdate,anddevelopmentregulationsandstandards.Page 234 of 235 2010-2011CITVCOUNCILGOAL‘IncreasedeffortstopromotethecommunityasadesirableplaceforcommercialandIndustrialdevelopmentbypromotingsmallbusinessoutreachandassistance,predictabilityinprojectreview,andexcellentcustomerservice.PartnershipsandencouragementofDepartmentofNaturalResources(DNR)tofacilitatedevelopmentoftheremainingstate-ownedpropertiesatRoad68/l-182.ContinuedcoordinationwiththePortofPascotocompleteandimplementawaterfrontdoningplanandprovideforpublicinfrastructure.Activepartnershipsintheplanninganddevelopmentofstrategiestopromotetourismanddeploymentofassetstospureconomicactivity.Inconcertwithcommunitypartners,developmentofacomprehensiveeconomicdevelopmentplan.nInuedeffortsofcommunitysurveyingthroughtraProvidingopportunitiesforcommunityengagementthroughboards,commissions,volunteeropportunities,socialmedia,forums,andotheroutlets.Enhancedinter-agencyandconstituentcoordinationdevelopedduringthepandemic.Continuedeffortsofthecommunityidentity/imageenhancementcampaigntoincludepromotionofcommunityandorganizationalsuccesses.Enhancedparticipationandsupportofculturaleventsoccurringwithintheoommunity.SupportoftheArtsandCultureCommissioninpromotingunityandthecelebrationofdiversitythroughartandcultureprograms.Ionameosaneappicauononewecnoogies.Page 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