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HomeMy WebLinkAbout2021.02.01 Council Remote Meeting Packet AGENDA City Council Regular Meeting 7:00 PM - Monday, February 1, 2021 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 (562) 247-8422 and use access code 465-398-545. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 5 - 15 (a) Approval of Meeting Minutes To approve the minutes of the Pasco City Coun cil remote Meeting held on January 19, 2021 and remote Workshop held on January 25, Page 1 of 140 2021. 16 - 17 (b) Bills and Communications To approve claims in the total amount of $3,597,441.75 ($2,665,265.39 in Check Nos. 239717-239939; $101,532.36 in Electronic Transfer Nos. 830466-830502, 830549-830593, 830599- 830708, 830710-830758, 830767-830785; $7,492.91 in Check Nos. 53514-53520; $819,171.80 in Electronic Transfer Nos. 30156801- 30157303; $3,979.29 in Electronic Transfer Nos. 757). 18 - 21 (c) Ordinance - PMC Amendment Title 20 - HPC Staffing (CA-2021- 001) To adopt Ordinance No. 4516, amending the Pasco Municipal Code Sections 20.10.020(1) and (2) related to the composition of the Historic Preservation Commission; and further, authorize publication by summary only. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 22 (a) Proclaiming February 2021 as "LIGO/VIRGO Gravitational-Wave Antenna Month" 6. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 23 - 56 (a) *Ordinance - Sawyers Rezone - RS-12 to R-S-1 (Z 2020-008) MOTION: I move to adopt Ordinance No. 4517, rezoning a parcel located at 925 Road 40, from RS-12 to R-S-1, and further, authorize publication by summary only. 57 - 111 (b) *Resolution - Community Services Contract with Benton- Franklin Health District Agreement for COVID-19 Test Site MOTION: I move to approve Resolution No.4031, approving the Community Service Contract with Benton-Franklin Health District for COVID-19 testing site and further, authorize the City Manager to execute the contract. 112 - 134 (c) *Resolution - First Amendment to Columbia Safety, LLC Page 2 of 140 Professional Services Agreement for COVID-19 Test Site MOTION: I move to adopt Resolution No. 4032, approving the first amendment to the professional services agreement with Columbia Safety, LLC for the COVID-19 testing site and further, authorize the City Manager to execute the contract. 9. UNFINISHED BUSINESS 10. NEW BUSINESS 135 - 140 (a) *Bid Award - Peanuts Park Construction MOTION: I move to award the bid for the Peanuts Park Remodel Construction project to Booth and Sons Construction, Inc., in the amount of $5,852,523.46, and further, authorize the City Manager to execute the agreement documents. 11. MISCELLANEOUS DISCUSSION 12. EXECUTIVE SESSION 13. ADJOURNMENT 14. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” (b) Adopted 2020-2021 Council Goals (Reference Only) (c) REMINDERS • Monday, February 1, 1:30 PM: Emergency Medical Services Board Meeting – Virtual Meeting (MAYOR PRO TEM BLANCHE BARAJAS, 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 Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para Page 3 of 140 garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 4 of 140 AGENDA REPORT FOR: City Council January 27, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 2/1/21 FROM: Debby Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes I. REFERENCE(S): 1.19.21 & 1.25.21 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Coun cil remote Meeting held on January 19, 2021 and remote Workshop held on January 25, 2021. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 140 MINUTES City Council Regular Meeting 7:00 PM - Tuesday, January 19, 2021 GoToWebinar REMOTE MEETING INSTRUCTIONS Governor Inslee's Proclamation No. 20-28, 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 Tuesday, January 19, 2021, zero (0) requests to speak were 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; 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. CONSENT AGENDA Approval of Meeting Minutes To approve the minutes of the Pasco City Council remote Meeting held on January 4, 2021 and remote Workshop held on January 11, 2021. Page 1 of 6Page 6 of 140 Bills and Communications To approve claims in the total amount of $3,710,402.98 ($2,681,672.06 in Check Nos. 239442-239716; $118,012.87 in Electronic Transfer Nos. 830545, 830594, 830596-830598; $13,514.69 in Check Nos. 53504- 53513; $894,490.44 in Electronic Transfer Nos. 30156289 -30156800; $2,712.92 in Electronic Transfer Nos. 748-756). 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 $124,644.22 for November 2020 and $179,306.99 for Dece mber 2020 and, of that amount, authorize $0.00 to be turned over for collection. Ordinance - Code Amendment Waterfront Development District (MF# CA2019-007) To adopt Ordinance No. 4514, creating Chapter 25.127 of the Pasco Municipal Code, "Waterfront Development District" and, further, authorize publication by summary only. Ordinance - 2018 International and State Code Updates To adopt Ordinance No. 4515, amending Section 3.35.030, Building Permit Fees, and Title 16, Buildings and Cons truction, of the Pasco Municipal Code relating to updates to the Washington State Building Code; and further; authorize publication by summary only. Resolution - Interlocal Cooperation Agreement for Quad-City Water Rights To approve Resolution No. 4026, authorizing the City Manager to sign and execute the Interlocal Cooperative Agreement for administration and funding of Quad City Water Right Mitigation Model & Operating Procedure. Resolution - Interlocal Agreement with Franklin Conservation District for Municipal Water Rights To approve Resolution No.4027, authorizing the City Manager to sign and execute the Interlocal Cooperative Agreement, pursuant to the Interlocal Cooperation Agreement Act, RCW 39.34, for Municipal Water Rights with the Franklin Conservation District. Resolution - Approving New Master Services Agreement with Paymentus Corporation To adopt Resolution No. 4028, approving the Sole Source Worksheet and a new Master Services Agreement with Paymentus Corporation for Page 2 of 6Page 7 of 140 billing services and, further, authorize the City Manager to execute the agreement. Purchase and Sale Agreement - Autozone/Fire Station 87 To approve Resolution No. 4030, authorizing the purchase of 2.1 acres in the NE section of the City for location of future Fire Station No. 87 and further, authorize the City Manager to execute the Purchase Sale Agreement with Auto Zone Parts Incorporated. (RC) MOTION: Mayor Pro Tem Barajas moved to approve the Consent Agenda as read. Ms. Roach seconded. Motion carried by unanimous Roll Call vote. Mr. Serrano stated that as the Waterfront Development District is developed that the downtown area improvements would rema in equally important. PROCLAMATIONS AND ACKNOWLEDGEMENTS Mr. Zabell stated that Community Risk Reduction program has grown significantly in the past few years and has benefited residents throughout Pasco. Fire Chief Gear expressed appreciation to Community Risk Reduction Officer, Ben Shearer for bringing this program forward some years back and for developing and overseeing the program from that time forward. Mr. Shearer shared a video of a recent fire that started at Sea Mar La Posada East housing development and due to the updates to the building and continued risk reduction (CRR) training, instead of a fully engulfed building, it remained a small fire due to the CRR training those individuals received. Mayor Martinez read the proclamation for the Community Risk Reduction Week from January 18 to January 24, 2021. Council also expressed accolades to Mr. Shearer and Code Enforcement staff for the continued CRR education and enforcement bringing building up to code within Pasco. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mayor Martinez commented on Martin Luther King Jr. Day celebrated on January 18, 2021. Page 3 of 6Page 8 of 140 Mr. Maloney commented on the Pasco Public Facilities District Board Meeting he attended recently. Mr. Milne commented on his Rotary Club for raising funds to help Colima, Mexico, the City of Pasco's sister city. Mr. Alvarado commented on the Ben Franklin Transit Board meeting he attended recently. Mayor Martinez commented on a regional leadership meeting that discussed ways to help move forward on the Healthy Washington initiative to get through the COVID-19 pandemic. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Resolution - Project Acceptance: Pearl Street Lift Station Mr. Worley introduced Capital Improvement Program Manager, Maria Serra who provided a brief presentation of the completion of the Pearl Street Lift Station project. MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 4029, accepting work performed by C&E Trenching, LLC., under contract for the Pearl Street Lift Station project. Mr. Maloney seconded. Motion carried unanimously. UNFINISHED BUSINESS Performance of a City Official Mayor Martinez stated that Council has completed a review of City Manager, Dave Zabell's performance noting that Mr. Zabell did not take a pay adjustment during his last performance review. Mayor Martinez noted that Mr. Zabell has performed exceptionally well, even during trying times such as the local protests and the coronavirus crisis. Council expressed many accolades of Mr. Zabell's personal attributes and leadership capabilities, as well as the many accomplishments during his tenure, especially during the past year with the challenges that the COVID-19 pandemic has caused across the community. MOTION: Mayor Pro Tem Barajas moved to accept the final report by Kenbrio Inc. reflecting the City Council's corporate view of the City Manager's performance and to award the City Manager a performance related pay increase of three (3) percent, effective the next pay period. Ms. Roach seconded. Motion carried unanimously by Roll Call vote. Mr. Zabell expressed appreciation to Council for their comments. He Page 4 of 6Page 9 of 140 commented on the long standing performance appraisal process and commended Council for continuing using this process. He also commended staff and the community in rising to the challenge to face the COVID-19 pandemic; he stated he was honored to serve as the City of Pasco's City Manager. MISCELLANEOUS DISCUSSION Mr. Zabell commented on the next steps in getting Pasco and its community members healthy and vaccinated against COVID -19. He asked Fire Chief Gear to provide an update on the status of COVID -19 vaccination program. Fire Chief Gear stated that there no plan has been shared from Washington State Health Department after Governor Inslee's announcement of Monday, January 18, that vaccinations will be distributed at Benton County Fairgrounds. No specifics on how the vaccines will be administered has been announced as of this evening. Mayor Martinez provided a little more information to the upcoming vaccination station at the Benton Franklin Fairgrounds site. Mr. Zabell updated Council on the status of the Urban Growth Area (UGA) amendment, where it currently stands with the Franklin County Commissioners and next steps in obtaining its approval. Further discussion regarding the impending vaccinations continued among Council and staff. EXECUTIVE SESSION To Consider Acquisition of Real Estate per RCW 42.30.110 (b) Mayor Martinez announced the need for an Executive Session to consider the acquisition of real estate per RCW 42.30.110 (b) for approximately 15 minutes. Council adjourned into Executive Session at 8:15 PM with the City Manager, Deputy City Manager, Administrative & Community Services Director and the City Attorney. Mayor Martinez called the meeting back to order at 8:30 p.m. Mr. Zabell announced that Fire Station No. 83 building was completed and has been staffed; a virtual ribbon cutting ceremony will be scheduled within the next week. Page 5 of 6Page 10 of 140 ADJOURNMENT There being no further business, the meeting was adjourned at 8:31 p.m. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 6 of 6Page 11 of 140 MINUTES City Council Workshop Meeting 7:00 PM - Monday, January 25, 2021 GoToWebinar REMOTE MEETING INSTRUCTIONS The Pasco City Council Workshop was broadcast live on PSC -TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Call-in information to GoToWebinar for "listen- only" mode was also made available. CALL TO ORDER The meeting was called to order at 7:00 PM by Saul Martinez, Mayor. ROLL CALL Councilmembers present: Ruben Alvarado, 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; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Adm inistrative & 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. Serrano commented on the Hanford Area Economic Investment Fund Advisory Committee Meeting meeting he attended recently. Mr. Maloney commented on the Franklin County Emergency Management Board meeting he attended recently. Page 1 of 4Page 12 of 140 Ms. Roach commented on the Hanford Communities Governing Board meeting she attended recently. Mayor Martinez commented on the weekly COVID-19 meetings he attended. ITEMS FOR DISCUSSION WSDOT Presentation - SR12 Safety Concerns Mr. White introduced Lisa Rene Schilperoot, Paul Gonseth, and Troy Suign with the Washington State Department of Transportation (WSDOT) and City Engineer Ford. The WSDOT representatives provided a presentation explaining the need to remove the left turn lane leaving A Street and State Route 12 (SR-12) intersection; specifically removing the left turn lane on A Street going northbound onto SR-12 to mitigate future vehicle accidents. Council, WSDOT representatives and staff briefly discussed the proposed change at the intersectio of A Street and SR-12. DKS Presentation - Road 68/Burden Signage & Striping Project - Clemente Left Turn Pocket Elimination Proposal Mr. Worley provided a brief report explaining the safety issue with the Clemente Lane left turn pocket; driving eastbound on Burden Boulevard turning left (northbound) onto Clemente Lane. Mr. Worley introduced Brian Chandler, a Professional Engineer with DKS Associates who provided a detailed presentation regarding the safety issue and proposed changes to the Burden Boulevard lane configuration, as well as updated signage. Council and staff discussion ensued and included the need to address a parking lot drive through issue between Road 68 Place and Clemente Lane north of Burden Boulevard. They also discussed the proposed U - turn at intersection of Burden Boulevard and Convention Place. Pasco Fire Department Strategic Plan Update 2021 Fire Chief Gear introduced Don Bivins with Emergency Services Consulting International who developed the proposed 2021 Pasco Fire Department Strategic Plan update with staff. Mr. Bivins provided an overview of how the proposed updates to the Strategic Plan were ascertained. Council discussed the proposed Strategic Plan and expressed accolades to the Pasco Fire Department staff. Page 2 of 4Page 13 of 140 AskPasco – The City’s New Non-Emergency Community Engagement System Update Mr. Zabell introduced the new non-emergency community engagement system called "AskPasco" and thanked the implementation team including Ms. Sigdel, Ms. Culwell, Mr. Maloney, Ms. Pashon, Mr. Funfar and many other staff members. The team completed extensive testing in the software program prior to releasing it for public use. Mr. Funfar demonstrated how to submit an request. He announced that a AskPasco will be formally announced and available to the public next week. Ms. Sigdel provided a brief overview of the benefits of this new community engagement system and displayed the program's console explaining how staff will monitor and respond to the inc oming requests. She encouraged Pasco residents and business owners to obtain the AskPasco app, which is available in the Apple and Android App Stores, create an account with Pasco and start using it to communicate with the City. Council and staff further discussed various aspects of the program. Ordinance - PMC Amendment Title 20 - HPC Staffing (CA-2021-001) Mr. White explained the purpose of the proposed update to the Historic Preservation Commission (HPC) in the Pasco Municipal Code (PMC) Title 20, noting that it should help with the recruitment process for this commission. Mayor Martinez recommended that it come back at the next meeting for Council action. MISCELLANEOUS COUNCIL DISCUSSION Mr. Zabell introduced Fire Chief Gear who provided an update for the Benton County Fairgrounds Mass Vaccination Site, which opened up in the morning and noted that 500 vaccines were administered. He stated that some changes to improve the process will be implemented tomorrow. Council and Chief Gear discussed the vaccination process noting that is a new process and changes will be implemented to ensure it runs efficiently so that all of the vaccines are administered to those individuals eligible at this time. Page 3 of 4Page 14 of 140 EXECUTIVE SESSION Council adjourned into Executive Session at 9:15 PM for approximately 20 minutes to discuss litigation or potential litigation with legal counsel with the City Manager, Deputy City Manager, Public Works Director and the City Attorney. City Clerk Barham announced that the Executive Session was extended another 10 minutes at 9:39 PM. Mayor Martinez called the meeting back to order at 9:51 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 9:51 PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 4 of 4Page 15 of 140 AGENDA REPORT FOR: City Council January 28, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 2/1/21 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 02.01.21 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $3,597,441.75 ($2,665,265.39 in Check Nos. 239717-239939; $101,532.36 in Electronic Transfer Nos. 830466 - 830502, 830549-830593, 830599-830708, 830710-830758, 830767-830785; $7,492.91 in Check Nos. 53514-53520; $819,171.80 in Electronic Transfer Nos. 30156801-30157303; $3,979.29 in Electronic Transfer Nos. 757). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 16 of 140 REPORTING PERIOD: February 1, 2021 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 239717-239939 53514-53520 Total Check Amount $2,665,265.39 $7,492.91 Total Checks 2,672,758.30$ Electronic Transfer Numbers 830466-830502 30156801-30157303 757 830549-830593 830599-830708 830710-830758 830767-830785 Total EFT Amount $101,532.36 $819,171.80 $3,979.29 $0.00 Total EFTs 924,683.45$ Grand Total 3,597,441.75$ Councilmember 1,021,955.59 47,403.26 0.00 4,706.80 893.63 14,800.00 1,195.20 49,798.94 7,905.27 668.61 5,974.85 579.71 6,272.30 160.59 0.00 0.00 896.60 0.00 0.00 171.13 0.00 HOTEL/MOTEL EXCISE TAX 17,714.03 0.00 118,971.94 1,319,426.68 26,649.96 0.00 109,588.65 0.00 0.00 0.00 841,708.01 GRAND TOTAL ALL FUNDS:3,597,441.75$ The City Council January 14 - January 27, 2021 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved STREET OVERLAY City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager 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 1st day of February, 2021 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY EQUIPMENT 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 EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING Page 17 of 140 AGENDA REPORT FOR: City Council January 27, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 2/1/21 FROM: Rick White, Director Community & Economic Development SUBJECT: Ordinance - PMC Amendment Title 20 - HPC Staffing (CA-2021-001) I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: Pasco the amending _____, No. move adopt to I Ordinance Municipal Code Sections 20.10.020(1) and (2) related to the composition of the Historic publication by authorize Commission; and further, Preservation summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The City Council approved the Pasco Municipal Code (PMC) Title 27, "Historic Preservation" (Ordinance No. 3785) in August 2006 to facilitate Special Tax Valuation for State and National Historic Register properties within the City (PMC Title 27 has since been re-codified as PMC Title 20). Section 101(c) of the National Historic Preservation Act of 1966, 16 USC 470 (Historic Preservation Act), provides that local governments may facilitate Special Tax Valuation for State and National Historic Register properties if certified to do so by the State Historic Preservation Officer. In that regard - Pasco is a "Certified Local Government" and is eligible to offer this incentive for preservation of historic structures. The Department of Archaeology & Historic Preservation (DAHP) specifies the desired qualifications of local professionals as “hav[ing] experience in Page 18 of 140 identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture, or related disciplines.” While the DAHP also specifies that a Historic Preservation Commission “should include at least one professional that meets the Secretary of the Interior's Qualification Standards” - Section Code Municipal Pasco “at least include Commission the that requires 20.10.020(2) two (2) professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curatorship, conservation, landscape architecture, or related disciplines.” Given the difficulty of finding and retaining commissioners and committee members generally, and professionals such as architects, historians, archaeologists, or historic preservationists specifically, staff suggests that it is necessary to amend PMC Section 20.10.020(2) to allow for more discretion to City Council in selecting volunteers to fill vacancies in the Historic Preservation Commission. Staff presented the amendment to Council at the January 25, 2021 Workshop. V. DISCUSSION: Staff recommends amending the PMC, with regards to HPC recruitment by requiring one less "qualified professional," as per the proposed ordinance. Page 19 of 140 Ordinance - Amending Composition of HPC - 1 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, RELATING TO COMPOSITION OF THE HISTORIC PRESERVATION COMMISSION, AMENDING PMC SECTIONS 20.10.020(1) AND (2) “COMPOSITION OF THE COMMISSION.” WHEREAS, Section 101(c) of the National Historic Preservation Act of 1966, 16 USC 470 (Historic Preservation Act), as amended, provides that local governments may facilitate Special Tax Valuation for State and National Historic Register properties if certified to do so by the State Historic Preservation Officer; and, WHEREAS, RCW 27.34 provides that the Director of the Department of Archaeology & Historic Preservation (DAHP) is the State Historic Preservation Officer in Washington State responsible for certifying local governments under the Historic Preservation Act, along with providing technical assistance and education related to historic preservation; and, WHEREAS, The City Council approved Title 27 Historic Preservation (Ordinance 3785) in August 2006 to facilitate Special Tax Valuation for State and National Historic Register properties within the City; and WHEREAS, Title 27 has since been re-codified as Title 20; and, WHEREAS, the DAHP website specifies that a Historic Preservation Commission “should include at least one professional that meets the Secretary of the Interior's Qualification Standards;” and, WHEREAS, the DAHP website’s model local ordinance specifies the desired qualifications of local professionals as “hav[ing] experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture, or related disciplines;” and, WHEREAS, Section 20.10.020(2) “Composition of the Commission,” requires that the Commission include “at least two (2) professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curatorship, conservation, landscape architecture, or related disciplines;” and, WHEREAS, given the difficulty of finding and retaining commissioners and committee members generally, and professionals such as architects, historians, archaeologists, or historic preservationists specifically, the City deems it necessary to amend PMC Section 20.10.020(2) to allow for more discretion to the City Council in selecting volunteers to fill vacancies in the Historic Preservation Commission; and, Page 20 of 140 Ordinance - Amending Composition of HPC - 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That PMC 20.10.020(1) and (2) “Composition of the Commission,” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: PMC 20.10.020 Composition of the Commission (1) All members of the Commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment. (2) The Commission shall always include at least two one professionals who have has experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curatorship, conservation, landscape architecture, or related disciplines. The Commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions. Furthermore, exception to the residency requirement of Commission members may be granted by the Mayor and City Council in order to obtain representatives from these disciplines. Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this ______ day of __________ 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ____________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: _____________________ Page 21 of 140 Proclamation “LIGO/VIRGO Gravitational-Wave Antenna Month” February 2021 WHEREAS, in 1984, the National Science Foundation (NSF) approved a development plan for the Large Interferometric Gravitational Wave Observatory (LIGO), which led to a 1990 construction proposal and the section of Hanford, Washington as one of two sites in 1992; and WHEREAS, on September 14, 2015, LIGO’s two sites together achieved the world’s first detection of gravitational waves, whose existence had been predicted 99 years earlier by Albert Einstein, for which LIGO co-founders Rainer Weiss, Kip Thorne and Barry Barish were awarded the 2017 Nobel Prize in Physics, “for decisive contributions to the LIGO detector and the observation of gravitational waves;” and WHEREAS, the Institute of Electrical and Electronics Engineers (IEEE), is a professional association with over 423,000 members worldwide, and which has dedicated 212 IEEE Milestones honoring significant technical and scientific achievements throughout the world; and WHEREAS, IEEE’s 213th Milestone titled “Gravitational-Wave Antenna, 1972-1989” bearing a citation reading, in part, “In 2015, LIGO antennas, located here and in Louisiana, first detected gravitational waves produced 1.3 billion years ago from two merging black holes” will be dedicated at the LIGO site on February 3; and WHEREAS, Pasco, Washington recognizes the extraordinary achievements of the LIGO gravitational- wave antennas; and NOW, THEREFORE, I, Saul Martinez, Mayor of the City of Pasco, Washington, on behalf of the entire City Council, do hereby proclaim February, 2021 as “LIGO/VIRGO Gravitational-Wave Antenna Month” IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 1st day of February, 2021. Saul Martinez, Mayor City of Pasco Page 22 of 140 AGENDA REPORT FOR: City Council January 27, 2021 TO: Dave Zabell, City Manager Remote Regular Meeting: 2/1/21 FROM: Rick White, Director Community & Economic Development SUBJECT: *Ordinance - Sawyers Rezone - RS-12 to R-S-1 (Z 2020-008) I. REFERENCE(S): Proposed Ordinance Report to Hearing Examiner Dated: 01/13/2021 Hearing Examiner Recommendation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, rezoning a parcel located at 925 Road 40, from RS-12 to R-S-1, and further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The Hearing Examiner conducted a public hearing on January 13, 2021 to consider a request to rezone a parcel comprising approximately 1.5 acres located at 925 Road 40 from RS-12 (Suburban 12,000) to R-S-1 (Suburban 10,000). The site was annexed into the City in 2004 (Ordinance No. 3675), and zoning was assigned RS-12 (Ordinance No. 3676) as part of said annexation. Examiner Hearing the hearing, public Following of conduct the the recommended approval of the applicant's request to rezone the property from RS-12 to R-S-1. V. DISCUSSION: The Comprehensive Plan designates the site as low -density residential Page 23 of 140 development, 2 to 5 dwelling units per acre. Per PMC 25.35 (RS-12 Suburban District), the minimum area of all newly created parcels within this district is 12,000 square feet. Taking into consideration the right-of-way remaining to be dedicated, existing structures to be retained, which exists on the property, the parcel has a potential for two (2) new single family lots under the RS -12 zoning designation; the R-S-1 zoning district requires a 10,000 square-foot minimum lot size, which translates to 3 building lots. The proposed rezone would create a three-lot short plat, consistent with the Comprehensive Plan designation and aforementioned PMC provision, as such, the Hearing Examiner has forwarded the City Council a recommendation of approval. The Hearing Examiner's recommendation has not received an appeal. Page 24 of 140 Ordinance – Sawyers Rezone RS-12 to R-S-1 - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING THE SOUTH 1 ½ ACRES OF THE NORTH 3 ACRES OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF SECTION 23 TOWNSHIP 09 NORTH, RANGE 30 EAST W.M., LOCATED AT 925 ROAD 40 (APN # 119-132-073), FROM RS-12 (SUBURBAN) TO R-S-1 (SUBURBAN) WHEREAS, the petitioner seeks to rezone a parcel located at 925 Road 40; and WHEREAS, a complete and adequate petition for change of zoning classification having been received by the City and an open record hearing having been conducted by the Pasco Hearing Examiner upon such petition on the 13th day of January, 2021; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (B) the effect of the proposal on the immediate vicinity is not materially detrimental and (C) there is merit and value in the proposal for the community as a whole; the Hearing Examiner developed findings which are hereby adopted by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from RS-12 (Suburban) to R-S-1 (Suburban) for the real property as shown in Exhibit 1 attached hereto and described as follows: Page 25 of 140 Ordinance – Sawyers Rezone RS-12 to R-S-1 - 2 The South 1 ½ Acres of the North 3 acres of the West ½ of the Southwest ¼ of the Northeast ¼ of the Southeast ¼ of Section 23 Township 09 North, Range 30 East W.M., within the City of Pasco, Franklin County, Washington. (Parcel #119-132- 073). Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this ______ day of _______________ 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published __________________________ Page 26 of 140 CITY LIMITS0 140 280 420 56070FeetExhibit#1Item: Rezone - RS-12 to R-S-1Applicant: Gerald Craig SawyersFile #: Z 2020-008Page 27 of 140 REPORT TO HEARING EXAMINER  PUBLIC HEARING  City Hall – 525 North Third Avenue – Remote  WEDNESDAY, January 13, 2021  6:00 PM  1 MASTER FILE #:  APPLICANT:  REQUEST:   Z 2020‐008 Nicole Stickney/AHBL c/o Craig Sawyers  2804 Road 90, Suite H   Pasco, WA 99301   REZONE:  Rezone  the  parcel  addressed  925  Road  40  (Parcel  #119132073) from RS‐12 (Suburban) to R‐S‐1 (Suburban)  BACKGROUND  1.PROPERTY DESCRIPTION: Legal: The South 1 ½ Acres of the North 3 acres of the West ½ of the Southwest ¼ of the Northeast ¼ of the Southeast ¼ of Section 23 Township 09 North, Range 30 East W.M. within the City of Pasco, Franklin County, Washington. General Location: 925 Road 40, Pasco, WA 99301. Property Size:  Approximately 1.5 acres (65,331.10 square feet) 2.ACCESS:  The parcel has access from Roads 39 and 40. 3.UTILITIES: Municipal water and sewer are available in both Roads 39 and 40. 4.LAND USE AND ZONING:  The lot is zoned RS‐20 (Suburban) and is developed with an earth‐ sheltered single family dwelling unit, a garage, a pole building, and a horse shelter/lean‐to shed. Surrounding properties are zoned and developed as follows: NORTH: R‐12 Single Family Dwellings  EAST: RS‐12  Single Family Dwellings/vacant land  SOUTH: RS‐12 Single Family Dwellings/vacant land  WEST:  RS‐12 Vacant/Single Family Dwellings  RS‐20 (County)   5.Comprehensive Plan: The Comprehensive Plan indicates the site is intended for low‐density residential development. According to the Comprehensive Plan, low‐density residential development means 2 to 5 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for low‐density residential uses when or where sewer is available, the location is suitable for home sites, and there is a market demand for new home sites. Policy H‐1‐E encourages the advancement of home ownership, and Goal H‐2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU‐2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. Policy LU‐3‐B encourages infill and density including planned unit developments to protect open space and critical areas and provide Page 28 of 140 2 recreational areas and amenities in support of more intensive, walkable neighborhoods: The  proposed subdivision will infill a vacant lot.  6. ENVIRONMENTAL DETERMINATION:  The City of Pasco is the lead agency for this project.  Based  on the SEPA checklist (SEPA 2020‐072), the adopted City Comprehensive Plan, City development  regulations, and other information, a threshold determination resulting in a Determination of  Non‐Significance (DNS) was issued for this project on December 30, 2020 under WAC 197‐11‐ 340(2).    ANALYSIS  Request  Nicole Stickney/AHBL in behalf of Craig Sawyers, has applied to change the zoning designation of a 1.5‐ acre parcel addressed at 925 Road 40, from RS‐12 (Suburban) to R‐S‐1 (Suburban) to facilitate a future  subdivision of the property.   Per PMC 25.35 (RS‐12 Suburban District), the minimum area of all newly created parcels within this district  is 12,000 square feet. Taking into consideration the right‐of‐way remaining to be dedicated as well as a  large garage/shop which bisects the property, the parcel has a potential for 2 house lots under the RS‐12  zoning designation; the R‐S‐1 zoning district requires a 10,000 square‐foot minimum lot size, which  translates to 3 building lots. The zoning change is not considered significant because an undeveloped 1.5‐ acre parcel in RS‐12 could typically result in up to five lots meeting the minimum lot size. For this project,  a rezoning will allow for a three‐lot short plat; Thus, there will be no increased density as a result of the  rezone.  Site  The site consists of approximately 1.5 acres and is developed with one single‐family dwelling along Road  40 and the aforementioned large garage/shop structure which bisects the property, severely limiting  development potential.  History  The site was annexed into the City in 2004 (ORD # 3675), and zoning was assigned RS‐12 (Ordinance 3676)  as part of said annexation.  Rezone Criteria  The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria  are listed below as follows:  1. The date the existing zone became effective:  The current zoning classification was established in 2004 (Ordinance 3676). The County zoning designation  prior to the annexation was RS‐20.  2. The changed conditions, which are alleged to warrant other or additional zoning:  The property is considered “infill” property as development has occurred around it. Due to Pasco’s rapid  population increase, developing the remaining infill properties around the City has become crucial to  accommodate future growth. By rezoning the property to R‐S‐1 which permits the creation of lots at a  greater density than RS‐12, the applicant may then develop the property with more single family homes  to serve the population.   Page 29 of 140 3 As well, the City is revising its Urban Growth Area (UGA) as part of the Comprehensive Plan Update. The  UGA update will likely be smaller than current projections for low‐density residential growth as developed  in the past would allow; as such, residential lots would be needed within the current UGA.  3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:  The proposed zoning request is consistent with the Comprehensive Plan, which has been determined to be  in the best interest of advancing public health, safety and general welfare of the community. The rezone  could lead to the creation of a single‐family residential subdivision providing housing and job opportunities  for Pasco residents.   The Comprehensive Plan designates the property “Low‐Density Residential.” As such, the site may be zoned  RS‐20, RS‐12, RS‐1, R‐1, or R‐1‐A. The Low‐Density Residential designation includes “Residential  development at a density of 2 to 5 dwelling units per acre.”   4. The effect it will have on the value and character of the adjacent property and the Comprehensive  Plan:  The zoning change is not considered significant because an undeveloped 1.5‐acre parcel in RS‐12 could  typically result in up to five lots meeting the minimum lot size. For this project, a rezoning will allow for a  three‐lot short plat; Thus, there will be no increased density as a result of the rezone.    A plat of approximately 1.5 acres with 3 residential lots will align with the goals and policies of the  Comprehensive Plan, which allows the proposed R‐S‐1 zoning designation under the “Low Density  Residential” designation of the site.    5. The effect on the property owner or owners if the request is not granted:  The property owners would be able to subdivide and develop at a density of 3 low‐density residential lots  as opposed to 2 with the rezone.    STAFF FINDINGS OF FACT  Findings of fact must be entered from the record. The following are initial findings drawn from the  background and analysis section of the staff report. The hearing Examiner may add additional findings to  this listing as the result of factual testimony and evidence submitted during the open record hearing.  1. Public notice of this hearing was sent to property owners within 300 feet of the property and  posted in the Tri‐City Herald on December 27, 2020.   2. Applicants are seeking to change the zoning designation of 925 Road 40, from RS‐12 (Suburban)  to R‐S‐1 (Suburban)   3. The site consists of approximately 1.5 acres.  4. The site is developed with one single‐family dwelling along Road 40 and a large garage/shop  structure   5. The garage/shop bisects the property, severely limiting development potential.  6. Per PMC 25.35 (RS‐12 Suburban District), the minimum lot area for all newly created parcels  within this district is 12,000 square feet.   7. The parcel has a potential for 5 house lots under the RS‐12 zoning designation;   8. Five lots could be created on an undeveloped 1.5‐acre parcel in the RS‐12 zoning district  9. Given the size and location of the garage/shop, this rezone will allow for a three‐lot short plat.  10.  There will be no increased density as a result of the rezone.  11. The site was annexed into the City in 2004 (ORD # 3675).  Page 30 of 140 4 12. Zoning was assigned RS‐12 (Ordinance 3676) as part of said annexation.  13. The property owners would be able to subdivide and develop at a density of 3 low‐density  residential lots as opposed to 2 with the rezone.  TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT  Before recommending approval or denial of a rezone, the hearing Examiner must develop findings of fact  from which to draw its conclusions based upon the criteria listed in PMC 25.210.060.  The criteria are as  follows:  1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.   The proposal is in accordance with the Comprehensive plan; The Comprehensive Plan indicates the site is  intended for low‐density residential development. According to the Comprehensive Plan, low‐density  residential development means 2 to 5 dwelling units per acre. The criteria for allocation under the future  land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands  designated for low‐density residential uses when or where sewer is available, the location is suitable for  home sites, and there is a market demand for new home sites. Policy H‐1‐E encourages the advancement  of home ownership, and Goal H‐2 suggests the City strive to maintain a variety of housing options for  residents of the community. Goal LU‐2 encourages the maintenance of established neighborhoods and the  creation of new neighborhoods that are safe and enjoyable places to live.  2. The effect of the proposal on the immediate vicinity will not be materially detrimental.  The Comprehensive Plan designates the property “Low‐Density Residential.” As such, the site may be zoned  RS‐20, RS‐12, RS‐1, R‐1, or R‐1‐A. The Low‐Density Residential designation includes “Residential  development at a density of 2 to 5 dwelling units per acre.”  3. There is merit and value in the proposal for the community as a whole.  The City is revising its Urban Growth Area (UGA) as part of the Comprehensive Plan Update. The UGA  update will likely be smaller than current projections for low‐density residential growth as developed in  the past would allow; as such, more residential lots are needed within the current UGA.  4. Conditions should be imposed in order to mitigate any significant adverse impacts from the  proposal.  No special conditions are proposed.   5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,  the terms and conditions of such an agreement.  A concomitant agreement would not be required in this circumstance.    RECOMMENDATION  Staff recommends based on the Findings of Fact and Conclusions herein that the parcel at 925 Road 40  (Parcel #119132073), described as The South 1 ½ Acres of the North 3 acres of the West ½ of the  Southwest ¼ of the Northeast ¼ of the Southeast ¼ of Section 23 Township 09 North, Range 30 East W.M.  within the City of Pasco, Franklin County, Washington, be rezoned from RS‐12 to R‐S‐1.  Page 31 of 140 Page 32 of 140 Page 33 of 140 ©AARON A . D YCKPRELI MI N A R Y FOR R E VI E WPage 34 of 140 AARON A . D YCKPRELI MI N A R Y FOR R E VI E W ©Page 35 of 140 Looking North on Road 40 Page 36 of 140 Looking East on Road 40 Page 37 of 140 Looking South on Road 40 Page 38 of 140 Looking Northwest on Road 40 Page 39 of 140 Looking North on Road 39 Page 40 of 140 Looking East on Road 39 Page 41 of 140 Looking South on Road 39 Page 42 of 140 Looking West on Road 39 Page 43 of 140 Garage/Shop Looking West From Road 39 Page 44 of 140 Looking Northeast From Road 40 Toward SitePage 45 of 140 Community & Economic Development Department Fee: $825 PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO PETITION FOR ZONE CHANGE INITIATION OF AMENDMENTS: Zoning Map: 1. Any person, firm, corporation, group of individuals, or municipal department may petition for a zone change with the following exceptions: i. If the person, firm, corporation or group of individuals does not have legal ownership of the parcel of land under consideration for rezoning, the petition shall not be accepted. All petitions submitted must contain the notarized signature of the legal owner of the property. The legal owner is considered to be the owner of record. ii. A person, firm, corporation of group of individuals may not submit, in any one year, more than one petition requesting a zone change from the property’s present zone to another particular zone for the same parcel of land, provided, within the one year period, a person, firm, corporation or group of individuals may submit another petition requesting a zone change from the property’s present zone to a zone other than the zone previously requested in the earlier petition. 2. The City Council, upon its own motion, may request the Planning Commission hold an open record hearing on the reclassification of a parcel or parcels of property. 3. The Planning Commission may initiate an open record hearing on the reclassification of a parcel or parcels of property. CONFLICT WITH COMPREHENSIVE PLAN: In the event any proposed amendment, supplement, change to or repeal of Chapters 25.04 through 25.88 is in conflict with the Comprehensive Plan, said amendment or change shall not be entertained until and if the comprehensive plan is amended. REQUIREMENTS: 1. Fee of $825 ($700 application fee + $75 SEPA fee + $50 radius notification fee) 2. Completed SEPA form 3. The property owner’s notarized signature acknowledging the application PUBLIC HEARING: After completion of an open record hearing on a petition for reclassification of the property, the Hearing Examiner shall make and enter findings from the records and conclusions thereof which support its recommendation and find whether or not: a. The proposal is in accord with the goals and policies of the comprehensive plan; b. The effect of the proposal on the immediate vicinity will be materially detrimental; c. There is merit and value in the proposal for the community as a whole; Updated July 2019 Page 46 of 140 d. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal; e. A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement; The Hearing Examiner shall render his/her recommendation to approve, approve with modifications and/or conditions, or reject the petition based on its findings and conclusions. The Hearing Examiner’s recommendation, to include his/her findings and conclusions, shall be forwarded to the City Council at a regular business meeting thereof. CITY COUNCIL: Unless a proper and timely appeal is filed or the City Council by majority vote deems further review is necessary, the recommendation of the Hearing Examiner shall be effected by proper action of the City Council without further review. CONCOMITANT AGREEMENT: The City may enter into an agreement with the petitioner whereby the City will grant the requested zone change conditioned upon the petitioner entering into a covenant with the City restricting the use and/or development of the subject property. Provisions of the agreement may relate to any or all of the following aspects of the use of petitioner's property: a. Setback. b. Use of building or property. c. Type of business. d. Height of building. e. Size of building. f. Size of subdivision of property. g. Density. h. Landscape. i. Street, sidewalk and curb improvement and easements and rights-of-way for such. j. Public utility improvements and easements and rights-of-way for such. k. Time frame for commencement or completion of the proposed construction or development. In the event a concomitant agreement includes a specified time frame for the proposed development, it may further provide that failure to conform to the specified time frame shall cause the zone change granted therein to revert to the zone existing immediately prior to said zone change. Page 47 of 140 Community & Economic Development Department Fee: $825 PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO PETITION FOR ZONE CHANGE Master File # Date Submitted: Applicant Info Owner Info (if different than applicant) Name: Nicole Stickney, AICP, Project Manager, AHBL Name: Craig Sawyers Address: 2804 Road 90, Suite H Pasco, WA 99301 Address: 2806 East Desert Ln Phoenix, AZ 85042 Phone: 509.380.5883 Phone: Email: nstickney@ahbl.com Email: Csawyers1@gmail.com Project Address: 1925 Road 40 Pasco, WA Project Parcel Number: 119132073 Current Zoning: RS-12 Requested Zoning: R-S-1 Describe the nature and effect of the proposed change: We request a change to the zoning designation of the 1.5-acre parcel at 1925 Road 40 from RS- 12 to R-S-1 zoning. The purpose of the request is to change the minimum lot size from 12,000 sq. ft. to instead be 10,000 sq. ft. This change will result in the option to create an additional lot when short platting in light of site-specific restraints, yet the net density will NOT be increased. We highlight that the zoning change is not significant because an undeveloped 1.5-acre parcel in RS-12 could typically result in up to five lots meeting the minimum lot size. For this project, a rezoning will allow for a three-lot short plat. Thus, there will be no increased density as a result of the rezone. The change is consistent with the city’s Comprehensive Plan in many regards, and the rezoning will implement the assigned Land Use designation for the property shown on the city’s Land Use map. Page 48 of 140 Estimated time frame of development: The short plat application will be submitted immediately following approval of the proposed zone change. What conditions warrant the proposed rezone? Site conditions and access requirements limit the ability to subdivide the parcel (see Figure 1): 1. An existing home (with accessory structures) is located on the western portion of the parcel with access off of Road 40. The structures will all remain. The structures will be included in “Proposed Short Plat lot 1,” which will need to be approximately 33,206 square feet to include the structures and meet the setback and other development regulations requirements. 2. The eastern portion of the parcel will need to have approximately 4,563 square feet of right- of-way dedicated to the city (for Road 39). 3. The remaining land for “Proposed Short Plat lots 2 and 3” will be 21,665 square feet. With a rezone to R-S-1, both two lots which will measure over 10,000 sq. ft. each may be created. (As opposed to the current zoning, which effectively limits the short plat to only 2 total lots.) Figure 1: Proposed Short Plat configuration How will the proposed rezone advance the health, safety, and general welfare of the community? The rezone will allow for short platting to occur as proposed which will have the following benefits: Improved access: The rezone will facilitate the ability to short plat the property. The short plat will in turn provide improved, dedicated right-of-way (of more than 4,500 square feet) to complete a missing portion of the Road 39 cul-de-sac and improve access according to City standards. Page 49 of 140 Additional residential lots: The community will benefit from the change in zoning as it will increase the availability of residential lots with adequate public facilities and services within the urban growth boundaries of the city and promote infill development in an area currently served by city services. Safety improvements: The dedication of land for future right-of-way will lead to improved safety through better circulation and access by improving upon existing infrastructure. What effect will the proposed change have on the value and character of adjacent property? The change in zoning from RS-12 to R-S-1 will have very little, to no effect on the value and character of the properties adjacent to and near the subject parcel. The parcel is 1.5 acres in size and could be subdivided into five lots as it is currently zoned. The existing single-family home located on the western portion of the site is similar to the character of homes in the area and we do not desire to tear it down. Also, an approximately 4,500 square foot portion of the parcel is required to be dedicated for right-of-way access from Road 39 and this dedication must be in the form of a cul-de-sac. Changing the zoning designation to R-S-1 reduces the minimum lot requirement from 12,000 to 10,000 square feet and allows the parcel to be subdivided into three lots in addition to providing the required dedication for right-of-way. How does the proposed rezone relate to the City’s Comprehensive Plan? First, the proposal relates to the City’s Comprehensive Plan because the existing land use designation for the subject parcel is Low Density Residential and the proposed zone change to R- S-1 implements that land use designation. Second, the concept of the City of Pasco Comprehensive Plan 2007 to 2027 is based on guiding the growth of the city while balancing an equitable distribution of the public and private costs and benefits of that growth. Many goals and policies contained within the Land Use Element say the city encourages infill development in urban areas where sufficient public facilities and services exist or can be provided in an economic manner. When we apply for a short plat, we will contribute to the orderly layout of an existing neighborhood and dedicate a portion of property for future right-of-way. Third, the Housing Element of the Comprehensive Plan established a goal to preserve and maintain existing housing stock for future and present residents. Our proposal for a short plat will be designed so that the existing home and accessory structures will be preserved, rather than demolished. What effect will be realized by the owner(s) if the proposed rezone is not granted? If the rezone is not granted, it may not be financially feasible to subdivide the parcel and retain the existing structures. This will result in a missed opportunity for infill development and equitable funding of right-of-way improvements within the city. NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant’s property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant’s property. Page 50 of 140 Signature of Applicant Community & Economic Development Department Fee: $825 PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 *Notarized Signature of Property Owner State of ___________ ) County of _________ ) ss. On this day of _ , , before me the undersigned, a Notary Public in and for the State of ________________, duly commissioned and sworn, personally appeared being duly sworn on his/her oath that he/she has prepared and read the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned. SUBSCRIBED AND SWORN to before me this _ day of , . Notary Public in and for the State of _________ Residing at My Commission expires Updated July 2019  SEPA Checklist  Site map  Fee of $825 Fee for Rezone - $700.00 Environmental Checklist - $ 75.00 Radius Notification - $ 50.00 $825.00 Page 51 of 140 Page 52 of 140 Page 53 of 140 City of Pasco Hearing Examiner Page 1 of 3 Recommendation, Sawyers Rezone Z 2020-008 CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION Rezone Z 2020-008, Sawyers January 19, 2021 _______________________________________________ 1. FINDINGS OF FACT 1.1 Proposal. Rezone an approximately 1.5-acre parcel from RS-12 (Suburban) to RS-1 (Suburban). Location. 925 Road 40, Pasco, WA 99301. Assessor No. 119-132-073.1 Applicant. Nicole Stickney/AHBL c/o Craig Sawyers, 2804 Road 90, Suite H, Pasco, WA 99301. 1.2 Site. The site is developed with a single-family dwelling along Road 40 and a large garage/shop structure which bisects the property, limiting development potential. 1.3 Land Use Designations and Rezone Request. The Comprehensive Plan designates the site as Low-Density Residential, which allows for RS-1 zoning. Surrounding properties are zoned RS-12 and are developed with single-family homes or vacant; and, RS-20 (County). With RS-12 zoning, the minimum lot size is 12,000 square feet. Given the right-of- way remaining to be dedicated, and a large garage/shop which bisects the property, the parcel has the potential for two lots with RS-12 zoning. The Applicant is seeking a rezone to RS-1, which permits 10,000 square foot lots and would allow for three building lots. The zoning change is not significant because un undeveloped 1.5-acre parcel in RS-12 could typically result in up to five lots. For this project, due to site constraints, the rezone would allow for a three-lot short plat. 1.4 SEPA. The Community and Economic Development Department (“Department”) issued an unappealed Determination of Non-Significance.2 1.5 Evidence Reviewed. The Examiner admitted the Department’s Staff Report, which attached maps (overview, use, and zoning), and photographs of the site and surrounding area. Except as revised, the Staff Report is incorporated into these findings. 1.6 Hearing. A properly noticed open record public hearing was held on January 13, 2021.3 Due to COVID-19 restrictions, the hearing was conducted remotely, with the Examiner, Department, and Applicant calling in. Access information was available to the public to allow citizens to join via either a video link or telephone call-in. There were no reported technical difficulties during the call or afterwards. However, in case any citizens who wished to comment had difficulty calling in, the record was kept open through January 15. No additional written 1 The Staff Report contains the legal description. 2 Staff Report, p. 2. 3 Staff Report, p. 3; PMC 25.210.040. No notice concerns were raised. Page 54 of 140 City of Pasco Hearing Examiner Page 2 of 3 Recommendation, Sawyers Rezone Z 2020-008 comments were received. At the hearing, the Department, through Mr. Adams, summarized the project. The Applicant, through Ms. Stickney, also appeared. There was no public comment. 1.7 Utilities. Municipal water and sewer are available in Roads 39 and 40. 1.8 Access. Roads 39 and 40. 1.9 Rezone Considerations. A rezone to RS-1 implements the Comprehensive Plan, and is in accord with its goals and policies, which encourage development of lands designated for low-density residential uses when or where sewer is available, the location is suitable for home sites, and there is a market demand for new home sites. The future creation of a three-lot short plat on the parcel advances home ownership, contributes to a variety of housing options for residents of the community, and encourages the maintenance of established neighborhoods as safe and enjoyable places to live. The lot does not have sufficient area to be subdivided into three building lots while conforming to the lot size standard of the RS-12 zoning district. A change in zoning will have no adverse impacts on existing or planned residential development in the vicinity. 2. CONCLUSIONS The Examiner issues a rezone recommendation based on whether: (a) The proposal is in accord with the goals and policies of the Comprehensive Plan; (b) The effect of the proposal on the immediate vicinity will be materially detrimental; (c) There is merit and value in the proposal for the community as a whole; (d) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal; (e) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement.4 As the Findings detail, the rezone follows these criteria. The proposed zoning is consistent with the Comprehensive Plan Land Use Map. Surrounding uses include single-family residences. The rezone will not increase density and is in keeping with Plan objectives to accommodate planned growth within the City. There is no material detriment to the area. Due to the limited impacts and the regulatory structure, there is no need for a concomitant agreement. The requested rezone meets the City’s rezone criteria. 4 PMC 25.210.060; PMC 2.50.080; Staff Report, p. 4. Page 55 of 140 Page 56 of 140 AGENDA REPORT FOR: City Council January 21, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 2/1/21 FROM: Adam Lincoln, Deputy City Manager Executive SUBJECT: *Resolution - Community Services Contract with Benton-Franklin Health District Agreement for COVID-19 Test Site I. REFERENCE(S): Resolution Community Services Agreement Resolution No. 3993 - Original Agreement for COVID-19 Testing Site II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: approving _______, No. Resolution the to move I approve Community Service Contract with Benton-Franklin Health District for COVID-19 testing site and further, authorize the City Manager to execute the con tract. III. FISCAL IMPACT: $1,424,100 (reimbursed 100% by Benton-Franklin Health District) IV. HISTORY AND FACTS BRIEF: The Benton-Franklin Health District (BFHD) was allocated CARES funding for a testing site from the Washington State Department of Health. BFHD lacked available internal capacity to manage such an operation by themselves. Other areas of particulstate, the County, King surrounding and arly Seattle determined it necessary to establish their own drive -thru test sites. They did so through the utilization of fire agency staff within their respective communities. BFHD worked with the Pasco Fire Department along with the assistance of an agency called Northwest Health Commons, to develop and staff a high output testing site in the community. The City Council approved the agreement with BFHD at the September 28, 2020 Special Meeting for the purposes of providing a COVID-19 test site. The agreement with BFHD established the City of Pasco (City) as the primary Page 57 of 140 contractor and BFHD as the reimbursing agency for operational expenses as well as supplier of personal protective equipment (PPE) and testing and sanitizing supplies for the site. The City Council subsequently approved a Professional Services Agreement with Columbia Safety, LLC to create a contractor (City) - subcontractor (Columbia Safety, LLC) relationship. Columbia Safety, LLC staffed, trained, and ensured qualifications of medical personnel who conduct the screening and testing services at the site. V. DISCUSSION: The drive-thru test site has exceeded daily capacity consistently and continues to be a valuable tool for the community by providing testing in an effective and efficient manner, essential to slow the spread of COVID-19. The original agreement with BFHD expired December 30, 2020 and, as staff worked with legal counsel (City and BFHD) on an extension of the agreement, both entities see it advantageous to continue the agreement as a Community Services Contract. The overall terms of the contract remain as previously approved by City Council however the new agreement will be effective through December 31, 2021. While the terms of the agreement remain, funding to continue operations will continue to require contract amendments. BFHD allocated an additional $450,000 to continue the service through the end of January 2021 and has secured and additional $974,040 to continue testing operations through March 31, 2021. With the recent redeployment of the National Guard for community vaccination efforts, the CBC West testing site remains the only community testing option. Additional amendments are anticipated to come before the City Council. Staff recommends approval of the agreement before City Council tonight. Page 58 of 140 Resolution – Community Services Agreement with BFHD for COVID-19 Testing Site - 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, APPROVING THE COMMUNITY SERVICES AGREEMENT WITH BENTON-FRANKLIN HEALTH DISTRICT FOR COVID-19 TESTING SITE. WHEREAS, the City of Pasco, Washington and Benton-Franklin Health District identified a need for greater access to COVID-19 testing in our community; and WHEREAS, the City of Pasco, Washington desired to receive reimbursement of funds expensed from Benton-Franklin Health District for the COVID-19 testing site; and WHEREAS, the City Council of the City of Pasco, Washington, after due consideration, determined that it was, and remains, in the best interest of the City of Pasco to enter into an agreement with Benton-Franklin Health District for a COVID-19 testing site through December 31, 2021, unless terminated in writing by either party consistent within termination provisions within the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Council of the City of Pasco approves the Community Services Agreement between the City of Pasco and Benton-Franklin Health District, as attached hereto and incorporated herein as Exhibit A; and PASSED by the City Council of the City of Pasco, Washington this 1st day of February, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 59 of 140 City of Pasco – Contract 2020-2021 P a g e | 1 This Community Services Contract, hereinafter referred to as the Contract, by and between Benton-Franklin Health District (BFHD) and the City of Pasco (Contractor), and collectively known as the “Parties” is being executed for the purpose of providing an emergency response to the Covid-19 pandemic through community testing and related services as a counter measure against the pandemic. EFFECTIVE DATE: DECEMBER 31, 2020 – DECEMBER 31, 2021 Benton-Franklin Health District Phone: (509) 460-4200 7102 W. Okanogan Place Fax: (509) 460-4590 Kennewick, WA 99336 Title/Responsibility Contact Name Phone Fax Email Administrator/Signature Authority Jason Zaccaria 509-460-4567 509-460-4590 Jasonz@bfhd.wa.gov Contracts Manager Bonnie Hall 509-460-4553 509-460-4590 Bonnieh@bfhd.wa.gov EOC Incident Commander EOC Incident Commander Rick Dawson Carla Prock 509-539-1791 509-539-0874 509-460-4515 509-460-4515 Rickd@bfhd.wa.gov Carlap@bfhd.wa.gov Accountant – Accounts Payable Kyle Phillips 509-460-4580 509-460-4590 Kylep@bfhd.wa.gov Contractor Contacts City of Pasco Phone: (509) 545-3426 1011 E. Ainsworth Ave. Fax: (509) 543-5717 Pasco, WA 99301 Responsibility Contact Name Phone Email Signature Authority – City Manager Dave Zabell 509-545-5404 zabelld@pasco-wa.gov Fire Chief – Primary Contact Bob Gear Gearb@pasco-wa.gov Site Command Craig Patterson 509-539-1976 Craigpatterson@charter.net Finance Director Richa Sigdel 509-544-3065 sigdelr@pasco-wa.gov Finance Manager Darcy Buckley 509-545-3432 buckleyd@pasco-wa.gov Admin – Fire Department Rhonda Riggle 509-543-5709 riggler@pasco-wa.gov Whereas, the aforementioned Parties desire to enter into this agreement in which they intend to work together towards the goals and objectives set forth; And Whereas, the Parties are desirous to enter an understanding, thus setting out all necessary working arrangements that both Parties agree shall be necessary to complete this partnership; COMMUNITY SERVICES CONTRACT Between BENTON-FRANKLIN HEALTH DISTIRCT And CITY OF PASCO Page 60 of 140 City of Pasco – Contract 2020-2021 P a g e | 2 MISSION The relationship under this agreement has been established with the following intended mission of collaboration to provide testing and/or response efforts for Covid-19 to the citizens of Benton and Franklin counties with the purpose of protecting the health of the public, to support the Governor’s Healthy Washington- Roadmap to Recovery Plan, and to provide Covid-19 testing as a counter measure against the pandemic. PURPOSE AND SCOPE The Parties intend for this Contract to provide the cornerstone and structure for the activities outlined in Exhibit B and any further binding Contracts or amendments, which may be related to this partnership. INDEPENDENT CONTRACTOR The parties intend that an independent Contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the District. The Contractor, employees, or agents performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or employee of the District by reason hereof, nor will the Contractor, his or her employees, or agent make any claim to right, privilege or benefit that would accrue to such officer or employee. RESPONSIBILITIES OF THE PARTIES The specific roles and responsibilities of each party are identified below as a starting point, and it is recognized that the scope of work related to this agreement is a response effort to the Covid-19 pandemic and therefore a fluid situation. It is anticipated that the needs for the response effort could evolve or change rapidly and therefore each party is committed to working collaboratively to fulfill the joint mission. As the need may arise, specific details of support to be furnished by each of the participants may be developed by amendment to this Contract or separately from this agreement in a specific, mutually acceptable manner subject to the availability of funds and resources. The parties will work together to identify appropriate time and press for decommission. It is the desire and wish of the Parties that this agreement allow the Parties to work together in such a manner that would promote a genuine atmosphere of collaboration and alliance through means of the following individual services: BENTON-FRANKLIN HEALTH DISTRICT agrees to provide the following services: • Test site selection and securing appropriate Contracting documentation with site owner • Infection control protocols, initial inventory of PPE and establishment of a system for on-going inventory management of PPE • Long term procurement of supplies --- Ongoing Specimen Collection Kits, PPE • Local procurement of technology/tents/tables/supplies to operate test site (as needed) • Logistics support – as needed to support the IMT • Patient communication design including multi-lingual patient handouts and scripts that incorporate language accessibility • Provide signage • Ordering Physician unless otherwise provided by EMS Medical Command • Lab Courier Service as provided by agreement with University of Washington Lab • Set up notification process / customer service for positive patients (consider Contract / partnering with local agency) • Provide access to Language line for on-site staff to support non-English speaking customers CITY OF PASCO – FIRE DEPARTMENT agrees to provide the following services: • Facilitate on-site staff access to interpreters or Language line for non-English speaking customers • Local test site command (scheduling/daily operations) Page 61 of 140 City of Pasco – Contract 2020-2021 P a g e | 3 • Sub-Contract with Columbia Safety to run daily test site operations • Ensure Local test site is supplied/organized to operation requirements • Monitor and maintain supplies to ensure adequate inventory of materials • Create and maintain a site plan including an agreed upon traffic flow with local jurisdiction • Supervise and assure safety for all personnel while onsite • Monthly financial activity reports detailing expenditures for which reimbursement is requested • Monthly labor reports to BFHD for direct payment (Fire Department name, employee name, date(s), hours worked and any other documentation to assist DOH with validation of invoices to reimburse Fire Department for operational labor support) • Maintain additional financial backup documentation such as payroll and general ledger and provide upon request • Other reporting as requested by DOH • A positive patient experience • Provide for the following services through an agreement with Columbia Safety LLC: o Recruiting, hiring, onboarding, and continued HR support of Swabbers, Registered Technician Leads, Registered Technicians, and Traffic Safety Positions TERM OF CONTRACT The term of this Contract shall start on December 31, 2020 and be in effect until December 31, 2021 unless extended or terminated by written mutual agreement of both Parties. AUDIT REQUIREMENT A non-Federal entity that expends $750,000 or more during the non-Federal entity’s fiscal year in Federal awards must have a single or program-specific audit conducted for that year in accordance with 2 CF R 200.501. If a single or program-specific audit is conducted for the funding of this agreement, Contractor shall meet the audit requirements as described in 2 CFR Part 200 Subpart F. FUNDING The Source of funding for this contract comes from the Coronavirus Relief Fund under the CARES Act. This funding has specific terms and conditions that must be met and are outlined in Exhibit A. Contractor must meet and maintain compliance with these requirements. COMPENSATION AND METHOD OF PAYMENT The maximum consideration for this contract is $ 1,424,100. BFHD will reimburse the City of Pasco for satisfactory completion of the services and requirements specified in this Contract, payable upon receipt and approval of a signed invoice of actual allowable costs based on monthly invoices submitted by City of Pasco to the Health District. Invoices shall be submitted by the 20th of the following month by email, fax or mail to the BFHD Accountant and Contracts Manager listed on page one of this agreement. Monthly invoices shall include agency name, employee name, dates, hours worked and any other documentation to assist BFHD with validation of invoices to reimburse Fire Department for operational labor support. City of Pasco to retain financial backup documentation such as payroll and general ledger records, and sub-Contractor records and provide upon request. Final Invoices are due within 20 days of the end of the Contract. If final invoices and reports are not submitted within 20 days of the close of the Contract, the Health District will be relieved of all liability for payment to the City of Pasco of the amounts set forth in said invoice or any subsequent invoice. In-kind services are not reimbursable expenses under this agreement. Page 62 of 140 City of Pasco – Contract 2020-2021 P a g e | 4 DEBARMENT AND SUSPENSION CERTIFICATON This Contract is federally funded and comes from the Coronavirus Relief Funds. Entities that are debarred, suspended, or proposed for debarment by the US Government are excluded from receiving federal funds. The following acts by individuals or entities may result in permissive exclusions. This list is not all-inclusive. For a complete list refer to section 1128A (b) of the Social Security Act: a. License revocation or suspension b. Fraud, kickbacks or other prohibited activities c. Entities controlled by a sanctioned individual d. Making false statements or misrepresentation of material • Background checks: Contractor will ensure that all staff working in activities funded by this Contract have passed a Washington State Patrol background check upon hire and retain proof of such to be made available to District upon request. • System for Award Management (SAM) site registration: Contractor shall acquire a Statewide Payee Number by registering at www.sam.gov . • DUNS number: To comply with the Federal Funding Accountability and Transparency Act and be eligible to perform the activities in this Statement of Work, Contractor agrees to register for and provide the District with its DUNS number. The Contractor, by signature of this agreement certifies that Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (debarred). The Contractor also agrees to notify the District immediately by providing written notice if Contractor becomes debarred during the term of this agreement. INTERNAL CONTROLS AND ACCOUNTING SYSTEM The Contractor shall establish and maintain a system of accounting and internal controls which complies with generally accepted accounting principles in accordance with the Financial Accounting Standards Board (FASB), the Governmental Accounting Standards Board (GASB) or both as applicable to the Contractors form of incorporation. ETHICS CERTIFICATION Contractor certifies that they are now and shall remain, in compliance under Chapter 42.52 RCW, Ethics in Public Service, throughout the term of this Contract. DATA USE, OWNERSHIP AND DISCLOSURE Information provided to BFHD by Contractor will be used for all necessary public health efforts as outlined in WAC 246-101. This will include sharing PHI as provided for by law for the purpose of protecting the health of the public as well as congregate data for public disclosures including publishing case counts. Any data, records or files taken off site in the course of Contractor personnel activities are to be returned to BFHD upon completion of task or upon termination of this agreement with BFHD, whichever event occurs first. The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. MAINTENANCE OF RECORDS/EVALUATIONS AND INSPECTIONS The Contractor will maintain accounts and records, including personnel, property, financial, and Contracts and other such records as deemed necessary to ensure proper accounting for all Contract funds and compliance with this Contract. Page 63 of 140 City of Pasco – Contract 2020-2021 P a g e | 5 Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, included but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. HIPAA AND HITECH COMPLIANCE To the extent applicable to this Agreement, Contractor agrees to comply with the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH ACT”), the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 USC § 1320d through d-8 (“HIPAA”) and any current and future regulations promulgated under either the HITECH Act or HIPAA including without limitation the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the “Federal Privacy Regulations”), the federal security standards contained in 45 C.F.R. Parts 160, 162 and 164 (the “Federal Security Regulations”) and the federal standards for electronic transactions, all as may be amended from time to time, and all collectively referred to herein as “HIPAA Requirements”. Contractor agrees not to use or disclose any Protected Health Information (PHI) (as defined in 45 C.F.R. § 164.501) or Individually Identifiable Health Information (as defined in 42 USC § 1320d), other than as permitted by HIPAA Requirements and the terms of this Agreement. Contractor will and will cause their personnel to enter into any further agreements as necessary to facilitate compliance with HIPAA Requirements. CORRECTIVE ACTION If BFHD determines that a breach of Contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract, or the Contractor has failed to provide in any manner the work or services agreed to herein, and if BFHD deems said breach to warrant corrective action, the following sequential procedure will apply: a. BFHD will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor’s response, unless BFHD specifies in writing and extension of time. b. BFHD will notify the Contractor in writing of their determination as to the sufficiency of the Contractor’s corrective action plan. c. If the Contractor does not respond within the appropriate time with a corrective action plan, the Contractor’s corrective action plan will be determined by BFHD to be insufficient, and the Health District may commence termination or suspension of this Contract as provided for herein. d. In addition, BFHD may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until BFHD is satisfied that corrective action has been taken or completed. DISPUTE RESOLUTION The parties shall use their best efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute. HOLD HARMLESS AND INDEMNIFICATION a. In providing services under this Contract, the Contractor is an Independent Contractor, and neither it nor its officers, agents, or employees are employees of BFHD for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result Page 64 of 140 City of Pasco – Contract 2020-2021 P a g e | 6 from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a BFHD employee under state or local law. BFHD assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by reason of this Contract. The Contractor shall protect, indemnify, defend and save harmless BFHD, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor’s failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or suppliers in connection with or support of the performance of this Contract. b. The Contractor further agrees that it is financially responsible for and will repay BFHD all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, and/or representatives. This duty to repay BFHD shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Terms and Termination section. c. The Contractor shall protect, defend, indemnify and save harmless BFHD, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents, in its performance and/or non-performance of its obligations under this Contract. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, and of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects BFHD only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event BFHD incurs any judgement, award, and/or cost arising therefrom including attorneys’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. d. BFHD shall protect, defend, indemnify, and save harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgements, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of BFHD, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Contract. BFHD agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, BFHD, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Contractor incurs any judgement, award, and/or cost arising therefrom including attorneys’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from BFHD. e. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. f. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of this Contract the following insurance coverage: General Liability Coverage General Liability Insurance, or Business Liability Insurance, including coverage for bodily injury, property damage, and Contractual liability, with the following minimum limits: Each Occurrence- $1,000,000; General Aggregate - $2,000,000. The policy shall include liability arising out of premises, operations, independent Page 65 of 140 City of Pasco – Contract 2020-2021 P a g e | 7 Contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured Contract. Business Auto Liability Insurance (BAL) The Contractor shall maintain a Business Automobile Policy on all vehicles used in the performance of work under this Contract, including vehicles hired by the Contractor or owned by the Contractor's employees, volunteers or others, with the following minimum limits: $1,000,000 per accident combined single limit. Professional Liability Insurance (PL) The Contractor shall maintain Professional Liability Insurance or Errors & Omissions insurance, including coverage for losses caused by errors and omissions, with the following minimum limits: Each Occurrence - $1,000,000; Aggregate - $2,000,000. Worker's Compensation The Contractor shall comply with all applicable Worker's Compensation, occupational disease, and occupational health and safety laws and Regulations under Title 51 RCW by the Contractor or its employees under such laws and Regulations. Employees and Volunteers Insurance required of the Contractor under the Contract shall include coverage for the acts and omissions of the Contractor's employees and volunteers. In addition, the Contractor shall ensure that all employees and volunteers who use vehicles to transport clients or deliver services have personal automobile insurance and current driver's licenses. Separation of Insureds All insurance policies shall include coverage for cross liability and contain a "Separation of Insureds" provision. Insurers The Contractor shall obtain insurance from insurance companies identified as an admitted insurer/carrier in the State of Washington, with a Best's Reports' rating of B++, Class VII, or better. Surplus Lines insurance companies will have a rating of A-, Class VII, or better. The Contractor’s membership in the Washington Cities Insurance Authority, a self-insured, governmental risk pool shall satisfy all conditions set forth in the Insurance section of this Agreement. Evidence of Coverage The Contractor shall submit to District documentation evidencing the insurance requirements of the Contractor before commencement of the work. LIMITATION OF LIABILITY BFHD and its local partners, including City of Pasco – Fire Department, are working together to develop and implement a community testing site as a counter measure against the Covid-19 pandemic and is therefore covered under the PREP Act attached hereto as Exhibit D which provides immunity to covered person for certain activities as defined in the PREP Act and delineated in the PREP ACT declaration issued by the Secretary of Health and Human Services. ASSIGNMENT/SUBCONTRACT Contractor may not assign or transfer all or any portion of this Contract or any of its rights hereunder, or delegate any of its duties hereunder without the prior written consent of the District. Any permitted assignment Page 66 of 140 City of Pasco – Contract 2020-2021 P a g e | 8 will not operate to relieve Contractor of any of its duties and obligations hereunder, or will such assignment affect any remedies available to the District that may arise from any breach of the provisions of this Contract. Contractor agrees to include the following language verbatim in every subcontract for services which relate to the scope of work in this Contract: “Subcontractor shall protect, defend, indemnify, and hold harmless Benton-Franklin Health District (BFHD), its officers, employees and agents from any and all costs, claims, judgements, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that BFHD is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph”. NONDISCRIMINATION Contractor shall not discriminate against anyone in providing services under this Agreement on the grounds of race, color, sexual orientation, gender identity, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans' status, or the present of any sensory, mental or physical disability. GENERAL PROVISIONS The Parties acknowledge and understand that they must be able to fulfill their responsibilities under this Contract in accordance with the provisions of the law and regulations that govern their activities. Nothing in the agreement is intended to negate or otherwise render ineffective any such provisions or operating procedures. The Parties assume full responsibility for their performance under the terms of this Contract. If at any time either party is unable to perform their duties or responsibilities under this Contract consistent with such party’s statutory and regulatory mandates, the affected party shall immediately provide written notice to the other party to establish a date for resolution of the matter. CHANGES OR MODIFICATIONS The District may, at any time, by written notification to Contractor, make changes within the general scope of the services to be performed under this Agreement. Both parties shall execute a Contract amendment reflecting such change and an equitable adjustment of cost, period of performance or both will be made if required by the changes. CONTRACT SUSPENSION • For Investigation: In the event Contractor or any of its partners, employees, officers is investigated by a local, county, state or federal agency for a matter which the District feels may adversely affect the delivery of services under this Contract, the District may, without notice suspend the delivery of services or disallow the person(s) involved in the allegation from providing services pending final resolution of the investigation. • For Suspension of Funding and work: Because the District receives both state and federal funds occasionally the District’s funding source may enact a Contract suspension due to sequestration, loss of budget appropriation, or other causes. When this occurs, the District may exercise its right to suspend this Contract until the District’s funding has resumed and approval to continue work has been received. At that time, the District will notify the Contractor that they may resume work. All notice to suspend or reinstate work will be in writing. Any expenses incurred during the suspension of this Contract may not be reimbursed later unless it is specifically approved at the time the Contract is reinstated. TERMINATION OF AGREEMENT • For Convenience: This Contract may be terminated by either party for convenience with 14 days written notice. If this Contract is so terminated, the parties are only liable for performance rendered or costs incurred in accordance with this Contract prior to the effective date of termination. Page 67 of 140 City of Pasco – Contract 2020-2021 P a g e | 9 • By Mutual Agreement: This Contract may be terminated at any time by mutual agreement of both parties. • Termination for Default: In the event the District determines the Contractor has failed to comply with the terms and conditions of this Contract, the District has the right to suspend or terminate this Contract. District shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within ten (10) Business Days, this Contract may be terminated. District reserves the right to suspend all or part of this Contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by the District to terminate this Contract. • For Non-Allocation of Funds: The District’s ability to make payments is contingent on the availability of its various funding sources. In the event funding from state, federal, or other funding sources is withdrawn, reduced, limited or suspended during the course of this Contract, the District at its sole discretion may elect to terminate this agreement in whole or in part or to renegotiate this Contract subject to new funding limitations or conditions. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of Washington. SEVERABILITY If any term or condition of this Contract is held invalid by any court, the reminder of this Contract remains valid and in full force and effect. ENTIRE AGREEMENT This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind either of the parties. AMENDMENTS Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. NOTICE Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person, by email, or certified mail, return receipt requested to Contracts Manager with a copy to the District Administrator at the addresses set forth on page one (1) of this Contract. AUTHORIZATION AND EXECUTION By signature of this agreement, both parties agree to adhere to the terms and conditions set forth herein conditioned upon final approval of the City Council of the City of Pasco. BENTON-FRANKLIN HEALTH DISTRICT CITY OF PASCO ___________________________________ _____________________________________ Jason Zaccaria – Administrator Date Dave Zabell – City Manager Date Page 68 of 140 City of Pasco – Contract 2020-2021 P a g e | 10 Exhibit A Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments Updated September 2, 20201 The purpose of this document is to provide guidance to recipients of the funding available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The CARES Act established the Coronavirus Relief Fund (the “Fund”) and appropriated $150 billion to the Fund. Under the CARES Act, the Fund is to be used to make payments for specified uses to States and certain local governments; the District of Columbia and U.S. Territories (consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments. The CARES Act provides that payments from the Fund may only be used to cover costs that— 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); 2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and 3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.2 The guidance that follows sets forth the Department of the Treasury’s interpretation of these limitations on the permissible use of Fund payments. Necessary expenditures incurred due to the public health emergency The requirement that expenditures be incurred “due to” the public health emergency means that expenditures must be used for actions taken to respond to the public health emergency. These may include expenditures incurred to allow the State, territorial, local, or Tribal government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second-order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. The statute also specifies that expenditures using Fund payments must be “necessary.” The Department of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its intended use in the reasonable judgment of the government officials responsible for spending Fund payments. 1 On June 30, 2020, the guidance provided under “Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020” was updated. On September 2, 2020, the “Supplemental Guidance on Use of Funds to Cover Payroll and Benefits of Public Employees” and “Supplemental Guidance on Use of Funds to Cover A 2 s added by section 5001 of the CARES Act. Costs not accounted for in the budget most recently approved as of March 27, 2020 The CARES Act also requires that payments be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. A cost meets this requirement if either (a) the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. The “most recently approved” budget refers to the enacted budget for the relevant fiscal period for the particular government, without taking into account subsequent supplemental appropriations enacted or other Page 69 of 140 City of Pasco – Contract 2020-2021 P a g e | 11 budgetary adjustments made by that government in response to the COVID-19 public health emergency. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 Finally, the CARES Act provides that payments from the Fund may only be used to cover costs that were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 (the “covered period”). Putting this requirement together with the other provisions discussed above, section 601(d) may be summarized as providing that a State, local, or tribal government may use payments from the Fund only to cover previously unbudgeted costs of necessary expenditures incurred due to the COVID–19 public health emergency during the covered period. Initial guidance released on April 22, 2020, provided that the cost of an expenditure is incurred when the recipient has expended funds to cover the cost. Upon further consideration and informed by an understanding of State, local, and tribal government practices, Treasury is clarifying that for a cost to be considered to have been incurred, performance or delivery must occur during the covered period but payment of funds need not be made during that time (though it is generally expected that this will take place within 90 days of a cost being incurred). For instance, in the case of a lease of equipment or other property, irrespective of when payment occurs, the cost of a lease payment shall be considered to have been incurred for the period of the lease that is within the covered period but not otherwise. Furthermore, in all cases it must be necessary that performance or delivery take place during the covered period. Thus the cost of a good or service received during the covered period will not be considered eligible under section 601(d) if there is no need for receipt until after the covered period has expired. Goods delivered in the covered period need not be used during the covered period in all cases. For example, the cost of a good that must be delivered in December in order to be available for use in January could be covered using payments from the Fund. Additionally, the cost of goods purchased in bulk and delivered during the covered period may be covered using payments from the Fund if a portion of the goods is ordered for use in the covered period, the bulk purchase is consistent with the recipient’s usual procurement policies and practices, and it is impractical to track and record when the items were used. A recipient may use payments from the Fund to purchase a durable good that is to be used during the current period and in subsequent periods if the acquisition in the covered period was necessary due to the public health emergency. Given that it is not always possible to estimate with precision when a good or service will be needed, the touchstone in assessing the determination of need for a good or service during the covered period will be reasonableness at the time delivery or performance was sought, e.g., the time of entry into a procurement contract specifying a time for delivery. Similarly, in recognition of the likelihood of supply chain disruptions and increased demand for certain goods and services during the COVID-19 public health emergency, if a recipient enters into a contract requiring the delivery of goods or performance of services by December 30, 2020, the failure of a vendor to complete delivery or services by December 30, 2020, will not affect the ability of the recipient to use payments from the Fund to cover the cost of such goods or services if the delay is due to circumstances beyond the recipient’s control. This guidance applies in a like manner to costs of subrecipient’s. Thus, a grant or loan, for example, provided by a recipient using payments from the Fund must be used by the Subrecipient only to purchase (or reimburse a purchase of) goods or services for which receipt both is needed within the covered period and occurs within the covered period. The direct recipient of payments from the Fund is ultimately responsible for compliance with this limitation on use of payments from the Fund. Nonexclusive examples of eligible expenditures Eligible expenditures include, but are not limited to, payment for: Page 70 of 140 City of Pasco – Contract 2020-2021 P a g e | 12 1. Medical expenses such as: • COVID-19-related expenses of public hospitals, clinics, and similar facilities. • Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. • Costs of providing COVID-19 testing, including serological testing. • Emergency medical response expenses, including emergency medical transportation, related to COVID-19. • Expenses for establishing and operating public telemedicine capabilities for COVID-19- related treatment. 2. Public health expenses such as: • Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. • Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency. • Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency. • Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety. • Expenses for public safety measures undertaken in response to COVID-19. • Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID- 19 public health emergency. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: • Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. • Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. • Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. • Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. • COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions. • Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: • Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. Page 71 of 140 City of Pasco – Contract 2020-2021 P a g e | 13 • Expenditures related to a State, territorial, local, or Tribal government payroll support program. • Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund’s eligibility criteria. Nonexclusive examples of ineligible expenditures3 The following is a list of examples of costs that would not be eligible expenditures of payments from the Fund. 1. Expenses for the State share of Medicaid.4 2. Damages covered by insurance. 3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 3 In addition, pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be expended for an elective abortion or on research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result of an act of rape or incest; or in the case where a woman suffers from a physical diso rder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Furthermore, no government which receives payments from the Fund may discriminate against a health care entity on the basis that the entity does not provide, pay for, provide coverage of, or refer for abortions. 4 See 42 C.F.R. § 433.51 and 45 C.F.R. § 75.306. 4. Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds. 5. Reimbursement to donors for donated items or services. 6. Workforce bonuses other than hazard pay or overtime. 7. Severance pay. 8. Legal settlements. Supplemental Guidance on Use of Funds to Cover Payroll and Benefits of Public Employees As discussed in the Guidance above, the CARES Act provides that payments from the Fund must be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. As reflected in the Guidance and FAQs, Treasury has not interpreted this provision to limit eligible costs to those that are incremental increases above amounts previously budgeted. Rather, Treasury has interpreted this provision to exclude items that were already covered for their original use (or a substantially similar use). This guidance reflects the intent behind the Fund, which was not to provide general fiscal assistance to state governments but rather to assist them with COVID-19-related necessary expenditures. With respect to personnel expenses, though the Fund was not intended to be used to cover government payroll expenses generally, the Fund was intended to provide assistance to address increased expenses, such as the expense of hiring new personnel as needed to assist with the government’s response to the public health emergency and to allow recipients facing budget pressures not to have to lay off or furlough employees who would be needed to assist with that purpose. Page 72 of 140 City of Pasco – Contract 2020-2021 P a g e | 14 Substantially different use As stated in the Guidance above, Treasury considers the requirement that payments from the Fund be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020, to be met if either (a) the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. Treasury has provided examples as to what would constitute a substantially different use. Treasury provided (in FAQ A.3) that costs incurred for a substantially different use would include, for example, the costs of redeploying educational support staff or faculty to develop online learning capabilities, such as through providing information technology support that is not part of the staff or faculty’s ordinary responsibilities. Substantially dedicated Within this category of substantially different uses, as stated in the Guidance above, Treasury has included payroll and benefits expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID- 19 public health emergency. The full amount of payroll and benefits expenses of substantially dedicated employees may be covered using payments from the Fund. Treasury has not developed a precise definition of what “substantially dedicated” means given that there is not a precise way to define this term across different employment types. The relevant unit of government should maintain documentation of the “substantially dedicated” conclusion with respect to its employees. If an employee is not substantially dedicated to mitigating or responding to the COVID-19 public health emergency, his or her payroll and benefits expenses may not be covered in full with payments from the Fund. A portion of such expenses may be able to be covered, however, as discussed below. Public health and public safety In recognition of the particular importance of public health and public safety workers to State, local, and tribal government responses to the public health emergency, Treasury has provided, as an administrative accommodation, that a State, local, or tribal government may presume that public health and public safety employees meet the substantially dedicated test, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. This means that, if this presumption applies, work performed by such employees is considered to be a substantially different use than accounted for in the most recently approved budget as of March 27, 2020. All costs of such employees may be covered using payments from the Fund for services provided during the period that begins on March 1, 2020, and ends on December 30, 2020. In response to questions regarding which employees are within the scope of this accommodation, Treasury is supplementing this guidance to clarify that public safety employees would include police officers (including state police officers), sheriffs and deputy sheriffs, firefighters, emergency medical responders, correctional and detention officers, and those who directly support such employees such as dispatchers and supervisory personnel. Public health employees would include employees involved in providing medical and other health services to patients and supervisory personnel, including medical staff assigned to schools, prisons, and other such institutions, and other support services essential for patient care (e.g., laboratory technicians) as well as employees of public health departments directly engaged in matters related to public health and related supervisory personnel. Not substantially dedicated As provided in FAQ A.47, a State, local, or tribal government may also track time spent by employees related to COVID-19 and apply Fund payments on that basis but would need to do so consistently within the relevant agency or department. This means, for example, that a government could cover payroll expenses allocated on an hourly basis to employees’ time dedicated to mitigating or responding to the Page 73 of 140 City of Pasco – Contract 2020-2021 P a g e | 15 COVID-19 public health emergency. This result provides equitable treatment to governments that, for example, instead of having a few employees who are substantially dedicated to the public health emergency, have many employees who have a minority of their time dedicated to the public health emergency. Covered benefits Payroll and benefits of a substantially dedicated employee may be covered using payments from the Fund to the extent incurred between March 1 and December 30, 2020. Payroll includes certain hazard pay and overtime, but not workforce bonuses. As discussed in FAQ A.29, hazard pay may be covered using payments from the Fund if it is provided for performing hazardous duty or work involving physical hardship that in each case is related to COVID-19. This means that, whereas payroll and benefits of an employee who is substantially dedicated to mitigating or responding to the COVID-19 public health emergency may generally be covered in full using payments from the Fund, hazard pay specifically may only be covered to the extent it is related to COVID-19. For example, a recipient may use payments from the Fund to cover hazard pay for a police officer coming in close contact with members of the public to enforce public health or public safety orders, but across-the-board hazard pay for all members of a police department regardless of their duties would not be able to be covered with payments from the Fund. This position reflects the statutory intent discussed above: the Fund was intended to be used to help governments address the public health emergency both by providing funds for incremental expenses (such as hazard pay related to COVID-19) and to allow governments not to have to furlough or lay off employees needed to address the public health emergency but was not intended to provide across-the-board budget support (as would be the case if hazard pay regardless of its relation to COVID-19 or workforce bonuses were permitted to be covered using payments from the Fund). Relatedly, both hazard pay and overtime pay for employees that are not substantially dedicated may only be covered using the Fund if the hazard pay and overtime pay is for COVID-19-related duties. As discussed above, governments may allocate payroll and benefits of such employees with respect to time worked on COVID-19-related matters. Covered benefits include, but are not limited to, the costs of all types of leave (vacation, family-related, sick, military, bereavement, sabbatical, jury duty), employee insurance (health, life, dental, vision), retirement (pensions, 401(k)), unemployment benefit plans (federal and state), workers compensation insurance, and Federal Insurance Contributions Act (FICA) taxes (which includes Social Security and Medicare taxes). Supplemental Guidance on Use of Funds to Cover Administrative Costs General Payments from the Fund are not administered as part of a traditional grant program and the provisions of the Uniform Guidance, 2 C.F.R. Part 200, that are applicable to indirect costs do not apply. Recipients may not apply their indirect costs rates to payments received from the Fund. Recipients may, if they meet the conditions specified in the guidance for tracking time consistently across a department, use payments from the Fund to cover the portion of payroll and benefits of employees corresponding to time spent on administrative work necessary due to the COVID-19 public health emergency. (In other words, such costs would be eligible direct costs of the recipient). This includes, but is not limited to, costs related to disbursing payments from the Fund and managing new grant programs established using payments from the Fund. As with any other costs to be covered using payments from the Fund, any such administrative costs must be incurred by December 30, 2020, with an exception for certain compliance costs as discussed below. Furthermore, as discussed in the Guidance above, as with any other cost, an administrative cost that has Page 74 of 140 City of Pasco – Contract 2020-2021 P a g e | 16 been or will be reimbursed under any federal program may not be covered with the Fund. For example, if an administrative cost is already being covered as a direct or indirect cost pursuant to another federal grant, the Fund may not be used to cover that cost. Compliance costs related to the Fund As previously stated in FAQ B.11, recipients are permitted to use payments from the Fund to cover the expenses of an audit conducted under the Single Audit Act, subject to the limitations set forth in 2 C.F.R. § 200.425. Pursuant to that provision of the Uniform Guidance, recipients and subrecipient’s subject to the Single Audit Act may use payments from the Fund to cover a reasonably proportionate share of the costs of audits attributable to the Fund. To the extent a cost is incurred by December 30, 2020, for an eligible use consistent with section 601 of the Social Security Act and Treasury’s guidance, a necessary administrative compliance expense that relates to such underlying cost may be incurred after December 30, 2020. Such an expense would include, for example, expenses incurred to comply with the Single Audit Act and reporting and recordkeeping requirements imposed by the Office of Inspector General. A recipient with such necessary administrative expenses, such as an ongoing audit continuing past December 30, 2020, that relates to Fund expenditures incurred during the covered period, must report to the Treasury Office of Inspector General by the quarter ending September 2021 an estimate of the amount of such necessary administrative expenses. Page 75 of 140 City of Pasco – Contract 2020-2021 P a g e | 17 Exhibit B Benton-Franklin Community Test Site – Term Sheet 09.22.2020 Benton Franklin Health District: (Commons and DOH will support) • Test site selection and securing appropriate contracting documentation with site owner • Infection control protocols, initial inventory of PPE and put in place a system for on-going inventory management • Long terms procurement of supplies --- Ongoing Kits, PPE • Local procurement of technology/tents/tables/supplies to operate test site (as needed) • Logistics support • Patient communication design including multi-lingual patient handouts and scripts that incorporate language accessibility • Provide signage and supplies to manage flow and redirect traffic (e.g., pylons, barricades), and support accessibility goals • Ordering Physician unless otherwise provided by EMS Medical Command • Lab Courier Service (maybe bundled with reference lab contract) • Set up notification process / customer service for positive patients (consider contract / partnering with local agency) • Facilitate on-site staff access to Language line for non-English speaking customers Pasco Fire: (Commons, EOC and GCACH will support) • Local test site command (scheduling/daily operations) • Recruit Columbia Safety to run daily test site operations • Ensure Local test site is supplied/organized to operate • Timely requests to EOC for any supplies to ensure no gaps in materials • Site plan including an agreed upon traffic flow with local jurisdiction • Supervise and assure safety for all personnel while onsite • Monthly financial activity reports detailing expenditures for which reimbursement is requested • Monthly labor reports to BFHD for direct payment (Fire District name, employee name, date(s), hours worked and any other documentation to assist DOH with validation of invoices to reimburse Fire Districts for operational labor support) • Maintain additional financial backup documentation such as payroll and general ledger and provide upon request • Other reporting as requested by DOH • A positive patient experience Greater Columbia ACH: (Pasco Fire and EOC will support) • Developing and implementing marketing strategy for test site • Partner with local community advocates, employers, leaders and county agencies to ensure community is knowledgeable about test site. Columbia Safety: (Pasco Fire to support) • Recruiting, hiring, onboarding, and continued HR support of Swabbers, Registered Technician Leads, Registered Technicians, and Traffic Positions • A positive patient experience Page 76 of 140 City of Pasco – Contract 2020-2021 P a g e | 18 DOH/HCA: (EOC and Commons will support) • Funding for BFHD and Pasco Fire to set up and operate test sites • Reference Lab and software selection/contracting with those suppliers • Ongoing Kits, PPE as needed SOLV Health: (Commons will support) • Provide technical software to support customer registration, sample collection, lab processing, and result notification (QR code) • Provide dry run and launch support to site team and staff • Work with UW Med Lab, Commons and site team to ensure quick resolution of any IT related bugs/issues UW Med Lab: (Pasco Fire and BFHD will support) • Provide testing for all samples collected at site • Provide technical and workflow feedback related to specimen collection errors • Provide courier services and pick-up on-site Thursday-Monday • Provide cardboard test tube containers to BFHD Commons: (EOC and DOH will support) • Overall Program Management • Consumer marketing / demand generation for local site/registration website • Configuration of registration software/timekeeping and related technology • Initial training and scheduling of personnel to administer tests, registration staff, traffic control, and parking enforcement • Establish on-site laboratory protocols and create touchpoints between CTS, site supervisors and lab to ensure open communication and continuous improvement • Support local Fire with initial set up, training and site operations Page 77 of 140 City of Pasco – Contract 2020-2021 P a g e | 19 Vendor Invoice Template Exhibit C City of Pasco - Fire Department 1011 E Ainsworth Ave Contract # Pasco WA 99330 Contact Phone # Remit To Email Benton-Franklin Health District Attn: Accounts Payable 7102 W Okanogan Place Invoice for services rendered under this contract for the period of: ___________________ Kennewick WA 99336 Salaries/Wages EMPLOYEE POSITION REG HRS/WK/MO OT HRS/WK/MO REGULAR PAY RATE OT PAY RATE TOTAL Incident Command 0.00 0.00 $0.00 $0.00 $0.00 Operation/Safety Chief 0.00 0.00 $0.00 $0.00 $0.00 Finance Section Chief 0.00 0.00 $0.00 $0.00 $0.00 Planning Section Chief 0.00 0.00 $0.00 $0.00 $0.00 Logistics Chief 0.00 0.00 $0.00 $0.00 $0.00 On Site Supervisor 0.00 0.00 $0.00 $0.00 $0.00 Clinician 0.00 0.00 $0.00 $0.00 $0.00 Clinician 0.00 0.00 $0.00 $0.00 $0.00 Clinician 0.00 0.00 $0.00 $0.00 $0.00 Clinician 0.00 0.00 $0.00 $0.00 $0.00 Clinician 0.00 0.00 $0.00 $0.00 $0.00 Clinician 0.00 0.00 $0.00 $0.00 $0.00 RT- Lead 0.00 0.00 $0.00 $0.00 $0.00 RT 0.00 0.00 $0.00 $0.00 $0.00 RT 0.00 0.00 $0.00 $0.00 $0.00 RT 0.00 0.00 $0.00 $0.00 $0.00 RT 0.00 0.00 $0.00 $0.00 $0.00 RT 0.00 0.00 $0.00 $0.00 $0.00 RT 0.00 0.00 $0.00 $0.00 $0.00 Parking Enforcement 0.00 0.00 $0.00 $0.00 $0.00 Traffic Civilian 0.00 0.00 $0.00 $0.00 $0.00 Total Salaries/Wages $0.00 Page 78 of 140 City of Pasco – Contract 2020-2021 P a g e | 20 Total Benefits-Fringe $0.00 Supplies & Equipment Description Amount Office Supplies Medical Supplies Minor Equipment Other: Total Supplies & Equipment $0.00 TOTAL EXPENDITURES $0.00 Vendor's Certificate: I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials, merchandise or services furnished and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, marital stat us, race, creed, color, national origin, handicap, religion, or Vietnam era or disabled veterans status. Print Name & Title Signature Date Page 79 of 140 RESOLUTION NO. 3993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, RATIFYING THE INTERLOCAL AGREEMENT WITH BENTON-FRANKLIN HEALTH DISTRICT FOR ESTABLISHING A COVID- 19 TESTING SITE. WHEREAS, the City of Pasco, Washington and Benton -Franklin Health District identified a need for greater access to COVID-19 testing in our community; and WHEREAS, the City of Pasco, Washington desires to enter into this interlocal agreement to receive reimbursement of funds expensed from Benton -Franklin Health District for the COVID- 19 testing site; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into an agreement with Benton -Franklin Health District for a COVID-19 testing site through December 30, 2020, unless terminated in writing by either party consistent within termination provisions within the interlocal agreement. WHEREAS, on September 21, 2020, the City Council of the City of Pasco authorized the City Manager to negotiate and execute an agreement with the Benton -Franklin Health District consistent with the terms discussed at that Regular Meeting subject to ratification by Council. 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 ratifies and approves of the terms and conditions of the Interlocal Agreement between the City of Pasco and Benton -Franklin Health District, as attached hereto and incorporated herein as Exhibit A; and PASSED by the City Council of the City of Pasco, Washington this 281h day of September, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: De ra arham, CMC Kerr uson Law, PLLC City Clerk ;Attorney Resolution — ILA with BFHD for COVID-19 Testing Site - I Page 80 of 140 COMMUNITY SERVICES CONTRACT Between PUBLIC BENTON-FRANKLIN HEALTH DISTIRCT 1 And Prevent • Promote • Protect CITY OF PASCO This Community Services Contract, hereinafter referred to as the Contract, by and between Benton -Franklin Health District (BFHD) and the City of Pasco (Contractor), and collectively known as the "Parties" is being executed in accordance with the provisions of the Interlocal Cooperation Act Chapter 39.34 RCW and for the purpose of providing an emergency response to the Covid-19 pandemic through community testing and related services as a counter measure against the pandemic. EFFECTIVE DATE: SEPTEMBER 24, 2020 -DECEMBER 30, 2020 Benton -Franklin Health District Phone: (509) 460-4200 7102 W. Okanogan Place Fax: (509) 460-4590 Kennewick, WA 99336 Title/Responsibility TContact Name Phone T Fax Email Administrator/Signature Authority Jason Zaccaria 509-460-4567 509-460-4590 Jasonza- fhd.wa.gov Contracts Manager Bonnie Hall 509-460-4553 509-460-4590 Bonnieh@bfhd.wa.aov EOC Incident Commander EOC Incident Commander Rick Dawson Carla Prock 509-539-1791 509-539-0874 509-460-4515 509-460-4515 Rickd(a)bfhd.wa.gov Carlaa(a)bfhd.wa.gov Accountant - Accounts Payable Kyle Phillips 509-460-4580 509-460-4590 Uel? a@bfhd.wa.gov Contractor Contacts City of Pasco - Fire Department 1011 E. Ainsworth Ave. Pasco, WA 99301 Responsibility Contact Name Signature Authority - City Manager Dave Zabell Fire Chief - Primary Contact Bob Gear Site Command Craig Patterson Phone: (509) 545-3426 Fax: (509) 543-5717 I Fax Phone Email 509-545-5404 - -- 509-539-1976 Whereas, the aforementioned Parties desire to enter into this agreement in accordance with the provisions of Interlocal Cooperation Act Chapter 39.34 RCW in which they intend to work together towards the goals and objectives set forth; And Whereas, the Parties are desirous to enter an understanding, thus setting out all necessary working arrangements that both Parties agree shall be necessary to complete this partnership; MISSION The relationship under this agreement has been established with the following intended mission of collaboration to provide testing and/or response efforts for Covid-19 to the citizens of Benton and Franklin City of Pasco — Fire Department Contract 2020 P a g e I 1 5111 Page 81 of 140 counties with the purpose of protecting the health of the public, to support the Governor's Safe Start Washington Plan, and to provide Covid-19 testing as a counter measure against the pandemic. PURPOSE AND SCOPE The Parties intend for this Contract to provide the cornerstone and structure for the activities outlined in Exhibit B and any further binding Contracts or amendments which may be related to this partnership. INDEPENDENT CONTRACTOR The parties intend that an independent Contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the District. The Contractor, employees, or agents performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or employee of the District by reason hereof, nor will the Contractor, his or her employees, or agent make any claim to right, privilege or benefit that would accrue to such officer or employee. RESPONSIBILITIES OF THE PARTIES The specific roles and responsibilities of each party are identified below as a starting point, and it is recognized that the scope of work related to this agreement is a response effort to the Covid-19 pandemic and therefore a fluid situation. It is anticipated that the needs for the response effort could evolve or change rapidly and therefore each party is committed to working collaboratively to fulfill the joint mission. As the need may arise, specific details of support to be furnished by each of the participants may be developed by amendment to this Contract or separately from this agreement in a specific, mutually acceptable manner subject to the availability of funds and resources. The parties will work together to identify appropriate time and press for decommission. It is the desire and wish of the Parties that this agreement allow the Parties to work together in such a manner that would promote a genuine atmosphere of collaboration and alliance through means of the following individual services: BENTON-FRANKLIN HEALTH DISTRICT agrees to provide the following services: Test site selection and securing appropriate Contracting documentation with site owner Infection control protocols, initial inventory of PPE and establishment of a system for on-going inventory management of PPE Long term procurement of supplies -- Ongoing Specimen Collection Kits, PPE Local procurement of technology/tents/tables/supplies to operate test site (as needed) Logistics support — as needed to support the IMT Patient communication design including multi-lingual patient handouts and scripts that incorporate language accessibility Provide signage Ordering Physician unless otherwise provided by EMS Medical Command Lab Courier Service as provided by agreement with University of Washington Lab Set up notification process / customer service for positive patients (consider Contract / partnering with local agency) Provide access to Language line for on-site staff to support non-English speaking customers CITY OF PASCO — FIRE DEPARTMENT agrees to provide the following services: Facilitate on-site staff access to interpreters or Language line for non-English speaking customers Local test site command (scheduling/daily operations) Sub -Contract with Columbia Safety to run daily test site operations Ensure Local test site is supplied/organized to operation requirements Monitor and maintain supplies to ensure adequate inventory of materials Create and maintain a site plan including an agreed upon traffic flow with local jurisdiction City of Pasco — Fire Department Contract 2020 P o B e 12 Page 82 of 140 Supervise and assure safety for all personnel while onsite Monthly financial activity reports detailing expenditures for which reimbursement is requested Monthly labor reports to BFHD for direct payment (Fire Department name, employee name, date(s), hours worked and any other documentation to assist DOH with validation of invoices to reimburse Fire Department for operational labor support) Maintain additional financial backup documentation such as payroll and general ledger and provide upon request Other reporting as requested by DOH A positive patient experience Provide for the following services through an agreement with Columbia Safety LLC: o Recruiting, hiring, onboarding, and continued HR support of Swabbers, Registered Technician Leads, Registered Technicians, and Traffic Safety Positions TERM OF CONTRACT The term of this Contract shall start on September 24, 2020 and be in effect until December 30, 2020 unless extended or terminated by written mutual agreement of both Parties. AUDIT REQUIREMENT A non -Federal entity that expends $750,000 or more during the non -Federal entity's fiscal year in Federal awards must have a single or program -specific audit conducted for that year in accordance with 2 CF R 200.501. If a single or program -specific audit is conducted for the funding of this agreement, Contractor shall meet the audit requirements as described in 2 CFR Part 200 Subpart F. FUNDING The Source of funding for this contract comes from the Coronavirus Relief Fund under the CARES Act. This funding has specific terms and conditions that must be met and are outlined in Exhibit A. Contractor must meet and maintain compliance with these requirements. COMPENSATION AND METHOD OF PAYMENT The maximum consideration for this contract is $1.093,000.00. BFHD will reimburse the City of Pasco —Fire Department for satisfactory completion of the services and requirements specified in this Contract, payable upon receipt and approval of a signed invoice of actual allowable costs based on monthly invoices submitted by City of Pasco to the Health District. Invoices shall be submitted by the 20th of the following month by email, fax or mail to the BFHD Accountant listed on page 1 of this agreement. Monthly invoices shall include agency name, employee name, dates, hours worked and any other documentation to assist BFHD with validation of invoices to reimburse Fire Department for operational labor support. City of Pasco -Fire Department to retain financial backup documentation such as payroll and general ledger records, and sub -Contractor records and provide upon request. Final Invoice is are due within 20 days of the end of the Contract. If final invoices and reports are not submitted within 20 days of the close of the Contract, the Health District will be relieved of all liability for payment to the City of Pasco — Fire Department of the amounts set forth in said invoice or any subsequent invoice. In-kind services are not reimbursable expenses under this agreement. DEBARMENT AND SUSPENSION CERTIFICATON This Contract is federally funded and comes from the Coronavirus Relief Funds. Entities that are debarred, suspended, or proposed for debarment by the US Government are excluded from receiving federal funds. The following acts by individuals or entities may result in permissive exclusions. This list is not all-inclusive. For a complete list refer to section 1128A (b) of the Social Security Act: City of Pasco — Fire Department Contract 2020 P a g 13 Page 83 of 140 a. License revocation or suspension b. Fraud, kickbacks or other prohibited activities c. Entities controlled by a sanctioned individual d. Making false statements or misrepresentation of material Background checks: Contractor will ensure that all staff working in activities funded by this Contract have passed a Washington State Patrol background check upon hire and retain proof of such to be made available to District upon request. System for Award Management (SAM) site registration: Contractor shall acquire a Statewide Payee Number by registering at www.sam.gov. . DUNS number: To comply with the Federal Funding Accountability and Transparency Act and be eligible to perform the activities in this Statement of Work, Contractor agrees to register for and provide the District with its DUNS number. The Contractor, by signature of this agreement certifies that Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (debarred). The Contractor also agrees to notify the District immediately by providing written notice if Contractor becomes debarred during the term of this agreement. INTERNAL CONTROLS AND ACCOUNTING SYSTEM The Contractor shall establish and maintain a system of accounting and internal controls which complies with generally accepted accounting principles in accordance with the Financial Accounting Standards Board FASB), the Governmental Accounting Standards Board (GASB) or both as applicable to the Contractors form of incorporation. ETHICS CERTIFICATION Contractor certifies that they are now and shall remain, in compliance under Chapter 42.52 RCW, Ethics in Public Service, throughout the term of this Contract. DATA USE, OWNERSHIP AND DISCLOSURE Information provided to BFHD by Contractor will be used for all necessary public health efforts as outlined in WAC 246-101. This will include sharing PHI as provided for by law for the purpose of protecting the health of the public as well as congregate data for public disclosures including publishing case counts. Any data, records or files taken off site in the course of Contractor personnel activities are to be returned to BFHD upon completion of task or upon termination of this agreement with BFHD, whichever event occurs first. The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. MAINTENANCE OF RECORDS/EVALUATIONS AND INSPECTIONS The Contractor will maintain accounts and records, including personnel, property, financial, and Contracts and other such records as deemed necessary to ensure proper accounting for all Contract funds and compliance with this Contract. Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, included but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. HIPAA AND HITECH COMPLIANCE To the extent applicable to this Agreement, Contractor agrees to comply with the Health Information Technology for Economic and Clinical Health Act of 2009 ("HITECH ACT"), the Administrative Simplification City of Pasco — Fire Department Contract 2020 P a g 14 Page 84 of 140 provisions of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 USC § 1320d through d-8 ("HIPAA") and any current and future regulations promulgated under either the HITECH Act or HIPAA including without limitation the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 the "Federal Privacy Regulations"), the federal security standards contained in 45 C.F.R. Parts 160, 162 and 164 (the "Federal Security Regulations") and the federal standards for electronic transactions, all as may be amended from time to time, and all collectively referred to herein as "HIPAA Requirements". Contractor agrees not to use or disclose any Protected Health Information (PHI) (as defined in 45 C.F.R. § 164.501) or Individually Identifiable Health Information (as defined in 42 USC § 1320d), other than as permitted by HIPAA Requirements and the terms of this Agreement. Contractor will and will cause their personnel to enter into any further agreements as necessary to facilitate compliance with HIPAA Requirements. CORRECTIVE ACTION If BFHD determines that a breach of Contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract, or the Contractor has failed to provide in any manner the work or services agreed to herein, and if BFHD deems said breach to warrant corrective action, the following sequential procedure will apply: a. BFHD will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor's response, unless BFHD specifies in writing and extension of time. b. BFHD will notify the Contractor in writing of their determination as to the sufficiency of the Contractor's corrective action plan. c. If the Contractor does not respond within the appropriate time with a corrective action plan, the Contractor's corrective action plan will be determined by BFHD to be insufficient, and the Health District may commence termination or suspension of this Contract as provided for herein. d. In addition, BFHD may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until BFHD is satisfied that corrective action has been taken or completed. DISPUTE RESOLUTION The parties shall use their best efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute. HOLD HARMLESS AND INDEMNIFICATION a. In providing services under this Contract, the Contractor is an Independent Contractor, and neither it nor its officers, agents, or employees are employees of BFHD for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a BFHD employee under state or local law. BFHD assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by reason of this Contract. The Contractor shall protect, indemnify, defend and save harmless BFHD, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to City of Pasco — Fire Department Contract 2020 P a g e 15 Page 85 of 140 the Contractor of work, services, materials, or supplies by Contractor employees or suppliers in connection with or support of the performance of this Contract. b. The Contractor further agrees that it is financially responsible for and will repay BFHD all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, and/or representatives. This duty to repay BFHD shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Terms and Termination section. The Contractor shall protect, defend, indemnify and save harmless BFHD, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents, in its performance and/or non-performance of its obligations under this Contract. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, and of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects BFHD only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event BFHD incurs any judgement, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Cl. BFHD shall protect, defend, indemnify, and save harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgements, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of BFHD, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Contract. BFHD agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, BFHD, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Contractor incurs any judgement, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from BFHD. e. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. f. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of this Contract the following insurance coverage: General Liability Coverage General Liability Insurance, or Business Liability Insurance, including coverage for bodily injury, property damage, and Contractual liability, with thefollowing minimum limits: Each Occurrence- $1,000,000; General Aggregate - $2,000,000. The policy shall include liability arising out of premises, operations, independent Contractors, products -completed operations, personal injury, advertising injury, and liability assumed under an insured Contract. Business Auto Liability Insurance(BAL) The Contractor shall maintain a Business Automobile Policy on all vehicles used in the performance of work under this Contract, including vehicles hired by the Contractor orowned bythe Contractor's employees, volunteers or others, withthe following minimum limits: $1,000,000 per accident combined single limit. City of Pasco — Fire Department Contract 2020 P a B ; 16 Page 86 of 140 Professional Liability Insurance (PL) The Contractor shall maintain Professional Liability Insurance or Errors & Omissions insurance, including coverage for losses caused by errors and omissions, with the following minimum limits: Each Occurrence - 1,000,000; Aggregate - $2,000,000. Worker's Compensation The Contractor shall comply with all applicable Worker's Compensation, occupational disease, and occupational health and safety laws and Regulations under Title 51 RCW by the Contractor or its employees under such laws and Regulations. Employees and Volunteers Insurance required of the Contractor underthe Contract shall include coverage for the acts and omissions ofthe Contractor's employees and volunteers. Inaddition, the Contractor shall ensurethat all employees and volunteers who use vehicles to transport clients or deliver services have personal automobile insurance and current driver's licenses. Separation of Insureds All insurance policies shall include coverage forcross liability and contain a "Separation of Insureds" provision. Insurers The Contractor shall obtain insurance from insurance companies identified asan admitted insurer/carrierinthe State ofWashington, with a Best's Reports' rating of B++, Class VI I, or better. Surplus Lines insurance companies will have a rating of A-, Class VII, or better. The Contractor's membership in the Washington Cities Insurance Authority, a self-insured, governmental risk pool shall satisfy all conditions set forth in the Insurance section of this Agreement. Evidence of Coverage The Contractor shall submit to District documentation evidencing the insurance requirements of the Contractor before commencement of the work. LIMITATION OF LIABILITY BFHD and its local partners, including City of Pasco - Fire Department, are working together to develop and implement a community testing site as a counter measure against the Covid-19 pandemic and is therefore covered under the PREP Act attached hereto as Exhibit D which provides immunity to covered person for certain activities as defined in the PREP Act and delineated in the PREP ACT declaration issued by the Secretary of Health and Human Services. ASSIGNMENT/SUBCONTRACT Contractor may not assign or transfer all or any portion of this Contract or any of its rights hereunder, or delegate any of its duties hereunder without the prior written consent of the District. Any permitted assignment will not operate to relieve Contractor of any of its duties and obligations hereunder, or will such assignment affect any remedies available to the District that may arise from any breach of the provisions of this Contract. Contractor agrees to include the following language verbatim in every subcontract for services which relate to the scope of work in this Contract: Subcontractor shall protect, defend, indemnify, and hold harmless Benton -Franklin Health District BFHD), its officers, employees and agents from any and all costs, claims, judgements, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. City of Pasco — Fire Department Contract 2020 P a g 17 Page 87 of 140 Subcontractor expressly agrees and understands that BFHD is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph". NONDISCRIMINATION Contractor shall not discriminate against anyone in providing services under this Agreement on the grounds of race, color, sexual orientation, gender identity, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans' status, or the present of any sensory, mental or physical disability. GENERAL PROVISIONS The Parties acknowledge and understand that they must be able to fulfill their responsibilities under this Contract in accordance with the provisions of the law and regulations that govern their activities. Nothing in the agreement is intended to negate or otherwise render ineffective any such provisions or operating procedures. The Parties assume full responsibility for their performance under the terms of this Contract. If at any time either party is unable to perform their duties or responsibilities under this Contract consistent with such party's statutory and regulatory mandates, the affected party shall immediately provide written notice to the other party to establish a date for resolution of the matter. CHANGES OR MODIFICATIONS The District may, at any time, by written notification to Contractor, make changes within the general scope of the services to be performed under this Agreement. Both parties shall execute a Contract amendment reflecting such change and an equitable adjustment of cost, period of performance or both will be made if required by the changes. CONTRACT SUSPENSION For Investigation: In the event Contractor or any of its partners, employees, officers is investigated by a local, county, state or federal agency for a matter which the District feels may adversely affect the delivery of services under this Contract, the District may, without notice suspend the delivery of services or disallow the person(s) involved in the allegation from providing services pending final resolution of the investigation. For Suspension of Funding and work: Because the District receives both state and federal funds occasionally the District's funding source may enact a Contract suspension due to sequestration, loss of budget appropriation, or other causes. When this occurs, the District may exercise its right to suspend this Contract until the District's funding has resumed and approval to continue work has been received. At that time, the District will notify the Contractor that they may resume work. All notice to suspend or reinstate work will be in writing. Any expenses incurred during the suspension of this Contract may not be reimbursed later unless it is specifically approved at the time the Contract is reinstated. TERMINATION OF AGREEMENT For Convenience: This Contract may be terminated by either party for convenience with 14 days written notice. If this Contract is so terminated, the parties are only liable for performance rendered or costs incurred in accordance with this Contract prior to the effective date of termination. By Mutual Agreement: This Contract may be terminated at any time by mutual agreement of both parties. Termination for Default: In the event the District determines the Contractor has failed to comply with the terms and conditions of this Contract, the District has the right to suspend orterminate this Contract. District shall notify the Contractor in writing ofthe need to take corrective action. If corrective action isnot taken within ten (10) Business Days, this Contract maybe terminated. District reserves the right to suspend all or part of this Contract, withhold further payments, or prohibit the Contractorfrom incurring additional obligations offunds during investigation of the alleged compliance breach and pending corrective action by the Contractor ora decision by the Districtto terminate this Contract. City of Pasco — Fire Department Contract 2020 1 a g e 18 Page 88 of 140 For Non -Allocation of Funds: The District's ability to make payments is contingent on the availability of its various funding sources. In the event funding from state, federal, or other funding sources is withdrawn, reduced, limited or suspended during the course of this Contract, the District at its sole discretion may elect to terminate this agreement in whole or in part or to renegotiate this Contract subject to new funding limitations or conditions. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of Washington. SEVERABILITY If any term or condition of this Contract is held invalid by any court, the reminder of this Contract remains valid and in full force and effect. ENTIRE AGREEMENT This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind either of the parties. AMENDMENTS Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. NOTICE Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person, by email, or certified mail, return receipt requested to Contracts Manager with a copy to the District Administrator at the addresses set forth on page one (1) of this Contract. AUTHORIZATION AND EXECUTION This Agreement is executed in accordance with the authority of Chapter 39.34 RCW, the Interlocal Cooperation Act. The following information is given pursuant to the provisions of RCW 39.34.030: a) The duration of this Agreement shall be from September 24, 2020 to December 30, 2020. b) The purpose of this Agreement is stated under section "Purpose and Scope." c) Termination of this Agreement shall be as provided in Section "Termination of Agreement." d) This Agreement shall be administered by the Benton -Franklin Health District. e) Unless otherwise specifically agreed by the parties in writing, all property, personal and real, utilized by the parties hereto in the execution of this agreement shall remain the property of that party initially owning it. f) Nothing in this Agreement shall preclude the City from contracting with another jurisdiction. City of Pasco — Fire Department Contract 2020 g e 19 Page 89 of 140 By signature of this agreement, both parties agree to adhere to the terms and conditions set forth herein conditioned upon final approval of the City Council of the City of Pasco. BENTON-FRANKUN HEALTH DISTRICT CITY OF PASCO Jasr. Zaccaria —Administrator Qf_ -Ie a)e r Date Dave Zaben — cAFaEijP bate ATTEST: Debra C. arham, City Clerk APPROVED AS TO FOR Kerr Fer , PLLC, City Attomey Cfty of Pasco— Rn P"rtn mrt Cowand 2M a Re 110 Page 90 of 140 By signature of this agreement, both parties agree to adhere to the terms and conditions set forth herein conditioned upon final approval of the City Council of the City of Pasco. BENTON-FRANKLIN HEALTH DISTRICT CITY OF PASCO e. ,- r - Jason Zaccaria — Administrator Date Dave Zabell — C6V795EWd bate ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguswf Law, PLLC, City Attorney City of Pasco — Fire Department Contract 2020 t g c 110 Page 91 of 140 Exhibit A Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments Updated Sept. 2, 20201 The purpose of this document is to provide guidance to recipients of the funding available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). The CARES Act established the Coronavirus Relief Fund (the "Fund") and appropriated $150 billion to the Fund. Under the CARES Act, the Fund is to be used to make payments for specified uses to States and certain local governments; the District of Columbia and U.S. Territories consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments. The CARES Act provides that payments from the Fund may only be used to cover costs that - 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and 3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.2 The guidance that follows sets forth the Department of the Treasury's interpretation of these limitations on the permissible use of Fund payments. Necessary expenditures incurred due to the public health emergency The requirement that expenditures be incurred "due to" the public health emergency means that expenditures must be used for actions taken to respond to the public health emergency. These may include expenditures incurred to allow the State, territorial, local, or Tribal government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second -order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is, not a permissible use of Fund payments. The statute also specifies that expenditures using Fund payments must be "necessary." The Department of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its intended use in the reasonable judgment of the government officials responsible for spending Fund payments. On June 30, 2020, the guidance provided under "Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020" was updated. On September 2, 2020, the "Supplemental Guidance on Use of Funds to Cover Payroll and Benefits of Public Employees" and "Supplemental Guidance on Use of Funds to Cover A 2 s added by section 5001 of the CARES Act. Costs not accounted for in the budget most recently approved as of March 27, 2020 The CARES Act also requires that payments be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. A cost meets this requirement if either (a) the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. The "most recently approved" budget refers to the enacted budget for the relevant fiscal period for the particular government, without taking into account subsequent supplemental appropriations enacted or other Page 92 of 140 budgetary adjustments made by that government in response to the COVID-19 public health emergency. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 Finally, the CARES Act provides that payments from the Fund may only be used to cover costs that were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 (the "covered period"). Putting this requirement together with the other provisions discussed above, section 601(d) may be summarized as providing that a State, local, or tribal government may use payments from the Fund only to cover previously unbudgeted costs of necessary expenditures incurred due to the COVID-19 public health emergency during the covered period. Initial guidance released on April 22, 2020, provided that the cost of an expenditure is incurred when the recipient has expended funds to cover the cost. Upon further consideration and informed by an understanding of State, local, and tribal government practices, Treasury is clarifying that for a cost to be considered to have been incurred, performance or delivery must occur during the covered period but payment of funds need not be made during that time (though it is generally expected that this will take place within 90 days of a cost being incurred). For instance, in the case of a lease of equipment or other property, irrespective of when payment occurs, the cost of a lease payment shall be considered to have been incurred for the period of the lease that is within the covered period but not otherwise. Furthermore, in all cases it must be necessary that performance or delivery take place during the covered period. Thus the cost of a good or service received during the covered period will not be considered eligible under section 601(d) if there is no need for receipt until after the covered period has expired. Goods delivered in the covered period need not be used during the covered period in all cases. For example, the cost of a good that must be delivered in December in order to be available for use in January could be covered using payments from the Fund. Additionally, the cost of goods purchased in bulk and delivered during the covered period may be covered using payments from the Fund if a portion of the goods is ordered for use in the covered period, the bulk purchase is consistent with the recipient's usual procurement policies and practices, and it is impractical to track and record when the items were used. A recipient may use payments from the Fund to purchase a durable good that is to be used during the current period and in subsequent periods if the acquisition in the covered period was necessary due to the public health emergency. Given that it is not always possible to estimate with precision when a good or service will be needed, the touchstone in assessing the determination of need for a good or service during the covered period will be reasonableness at the time delivery or performance was sought, e.g., the time of entry into a procurement contract specifying a time for delivery. Similarly, in recognition of the likelihood of supply chain disruptions and increased demand for certain goods and services during the COVID-19 public health emergency, if a recipient enters into a contract requiring the delivery of goods or performance of services by December 30, 2020, the failure of a vendor to complete delivery or services by December 30, 2020, will not affect the ability of the recipient to use payments from the Fund to cover the cost of such goods or services if the delay is due to circumstances beyond the recipient's control. This guidance applies in a like manner to costs of subrecipient's. Thus, a grant or loan, for example, provided by a recipient using payments from the Fund must be used by the Subrecipient only to purchase. or reimburse a purchase of) goods or services for which receipt both is needed within the covered period and occurs within the covered period. The direct recipient of payments from the Fund is ultimately responsible for compliance with this limitation on use of payments from the Fund. Nonexclusive examples of eligible expenditures Eligible expenditures include, but are not limited to, payment for: 1. Medical expenses such as: Page 93 of 140 COVID-19-related expenses of public hospitals, clinics, and similar facilities. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. Costs of providing COVID-19 testing, including serological testing. Emergency medical response expenses, including emergency medical transportation, related to COVID-19. Expenses for establishing and operating public telemedicine capabilities for COVID-19- related treatment. 2. Public health expenses such as: Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency. Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety. Expenses for public safety measures undertaken in response to COVID-19. Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID- 19 public health emergency. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. Expenditures related to a State, territorial, local, or Tribal government payroll support program. Page 94 of 140 Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund's eligibility criteria. Nonexclusive examples of ineligible expenditures' The following is a list of examples of costs that would not be eligible expenditures of payments from the Fund. 1- Expenses for the State share of Medicaid' 2. Damages covered by insurance. 3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 3 In addition, pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be expended for an elective abortion or on research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life -endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Furthermore, no government which receives payments from the Fund may discriminate against a health care entity on the basis that the entity does not provide, pay for, provide coverage of, or refer for abortions. 4 See 42 C.F.R. § 433.51 and 45 C.F.R. § 75.306. 4. Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds. 5. Reimbursement to donors for donated items or services. 6. Workforce bonuses other than hazard pay or overtime. 7. Severance pay. 8. Legal settlements. Supplemental Guidance on Use of Funds to Cover Payroll and Benefits of Public Employees As discussed in the Guidance above, the CARES Act provides that payments from the Fund must be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. As reflected in the Guidance and FAQs, Treasury has not interpreted this provision to limit eligible costs to those that are incremental increases above amounts previously budgeted. Rather, Treasury has interpreted this provision to exclude items that were already covered for their original use (or a substantially similar use). This guidance reflects the intent behind the Fund, which was not to provide general fiscal assistance to state governments but rather to assist them with COVID-19-related necessary expenditures. With respect to personnel expenses, though the Fund was not intended to be used to cover government payroll expenses generally, the Fund was intended to provide assistance to address increased expenses, such as the expense of hiring new personnel as needed to assist with the government's response to the public health emergency and to allow recipients facing budget pressures not to have to lay off or furlough employees who would be needed to assist with that purpose. Substantially different use As stated in the Guidance above, Treasury considers the requirement that payments from the Fund be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020, Page 95 of 140 to be met if either (a) the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. Treasury has provided examples as to what would constitute a substantially different use. Treasury provided in FAQ A.3) that costs incurred for a substantially different use would include, for example, the costs of redeploying educational support staff or faculty to develop online learning capabilities, such as through providing information technology support that is not part of the staff or faculty's ordinary responsibilities. Substantially dedicated Within this category of substantially different uses, as stated in the Guidance above, Treasury has included payroll and benefits expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID- 19 public health emergency. The full amount of payroll and benefits expenses of substantially dedicated employees may be covered using payments from the Fund. Treasury has not developed a precise definition of what substantially dedicated" means given that there is not a precise way to define this term across different employment types. The relevant unit of government should maintain documentation of the substantially dedicated" conclusion with respect to its employees. If an employee is not substantially dedicated to mitigating or responding to the COVID-19 public health emergency, his or her payroll and benefits expenses may not be covered in full with payments from the Fund. A portion of such expenses may be able to be covered, however, as discussed below. Public health and public safety In recognition of the particular importance of public health and public safety workers to State, local, and tribal government responses to the public health emergency, Treasury has provided, as an administrative accommodation, that a State, local, or tribal government may presume that public health and public safety employees meet the substantially dedicated test, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. This means that, if this presumption applies, work performed by such employees is considered to be a substantially different use than accounted for in the most recently approved budget as of March 27, 2020. All costs of such employees may be covered using payments from the Fund for services provided during the period that begins on March 1, 2020, and ends on December 30, 2020. In response to questions regarding which employees are within the scope of this accommodation, Treasury is supplementing this guidance to clarify that public safety employees would include police officers (including state police officers), sheriffs and deputy sheriffs, firefighters, emergency medical responders, correctional and detention officers, and those who directly support such employees such as dispatchers and supervisory personnel. Public health employees would include employees involved in providing medical and other health services to patients and supervisory personnel, including medical staff assigned to schools, prisons, and other such institutions, and other support services essential for patient care (e.g., laboratory technicians) as well as employees of public health departments directly engaged in matters related to public health and related supervisory personnel. Not substantially dedicated As provided in FAQ A.47, a State, local, or tribal government may also track time spent by employees related to COVID-19 and apply Fund payments on that basis but would need to do so consistently within the relevant agency or department. This means, for example, that a government could cover payroll expenses allocated on an hourly basis to employees' time dedicated to mitigating or responding to the COVID-19 public health emergency. This result provides equitable treatment to governments that, for example, instead of having a few employees who are substantially dedicated to the public health emergency, have many employees who have a minority of their time dedicated to the public health emergency. Page 96 of 140 Covered benefits Payroll and benefits of a substantially dedicated employee may be covered using payments from the Fund to the extent incurred between March 1 and December 30, 2020. Payroll includes certain hazard pay and overtime, but not workforce bonuses. As discussed in FAQ A.29, hazard pay may be covered using payments from the Fund if it is provided for performing hazardous duty or work involving physical hardship that in each case is related to COVID-19. This means that, whereas payroll and benefits of an employee who is substantially dedicated to mitigating or responding to the COVID-19 public health emergency may generally be covered in full using payments from the Fund, hazard pay specifically may only be covered to the extent it is related to COVID-19. For example, a recipient may use payments from the Fund to cover hazard pay for a police officer coming in close contact with members of the public to enforce public health or public safety orders, but across-the-board hazard pay for all members of a police department regardless of their duties would not be able to be covered with payments from the Fund. This position reflects the statutory intent discussed above: the Fund was intended to be used to help governments address the public health emergency both by providing funds for incremental expenses (such as hazard pay related to COVID-19) and to allow governments not to have to furlough or lay off employees needed to address the public health emergency but was not intended to provide across-the-board budget support (as would be the case if hazard pay regardless of its relation to COVID-19 or workforce bonuses were permitted to be covered using payments from the Fund). Relatedly, both hazard pay and overtime pay for employees that are not substantially dedicated may only be covered using the Fund if the hazard pay and overtime pay is for COVID-19-related duties. As discussed above, governments may allocate payroll and benefits of such employees with respect to time worked on COVI D-1 9 -related matters. Covered benefits include, but are not limited to, the costs of all types of leave (vacation, family -related, sick, military, bereavement, sabbatical, jury duty), employee insurance (health, life, dental, vision), retirement (pensions, 401(k)), unemployment benefit plans (federal and state), workers compensation insurance, and Federal Insurance Contributions Act (FICA) taxes (which includes Social Security and Medicare taxes). Supplemental Guidance on Use of Funds to Cover Administrative Costs General Payments from the Fund are not administered as part of a traditional grant program and the provisions of the Uniform Guidance, 2 C.F.R. Part 200, that are applicable to indirect costs do not apply. Recipients may not apply their indirect costs rates to payments received from the Fund. Recipients may, if they meet the conditions specified in the guidance for tracking time consistently across a department, use payments from the Fund to cover the portion of payroll and benefits of employees corresponding to time spent on administrative work necessary due to the COVID-19 public health emergency. (In other words, such costs would be eligible direct costs of the recipient). This includes, but is not limited to, costs related to disbursing payments from the Fund and managing new grant programs established using payments from the Fund. As with any other costs to be covered using payments from the Fund, any such administrative costs must be incurred by December 30, 2020, with an exception for certain compliance costs as discussed below. Furthermore, as discussed in the Guidance above, as with any other cost, an administrative cost that has been or will be reimbursed under any federal program may not be covered with the Fund. For example, if an administrative cost is already being covered as a direct or indirect cost pursuant to another federal grant, the Fund may not be used to cover that cost. Page 97 of 140 Compliance costs related to the Fund As previously stated in FAQ B.11, recipients are permitted to use payments from the Fund to cover the expenses of an audit conducted under the Single Audit Act, subject to the limitations set forth in 2 C.F.R. 200.425. Pursuant to that provision of the Uniform Guidance, recipients and subrecipient's subject to the Single Audit Act may use payments from the Fund to cover a reasonably proportionate share of the costs of audits attributable to the Fund. To the extent a cost is incurred by December 30, 2020, for an eligible use consistent with section 601 of the Social Security Act and Treasury's guidance, a necessary administrative compliance expense that relates to such underlying cost may be incurred after December 30, 2020. Such an expense would include, for example, expenses incurred to comply with the Single Audit Act and reporting and recordkeeping requirements imposed by the Office of Inspector General. A recipient with such necessary administrative expenses, such as an ongoing audit continuing past December 30, 2020, that relates to Fund expenditures incurred during the covered period, must report to the Treasury Office of Inspector General by the quarter ending September 2021 an estimate of the amount of such necessary administrative expenses. Page 98 of 140 Exhibit B Benton -Franklin Community Test Site – Term Sheet 09.22.2020 Benton Franklin Health District: (Commons and DOH will support) Test site selection and securing appropriate contracting documentation with site owner Infection control protocols, initial inventory of PPE and put in place a system for on-going inventory management Long terms procurement of supplies — Ongoing Kits, PPE Local procurement of technology/tents/tables/supplies to operate test site (as needed) Logistics support Patient communication design including multi-lingual patient handouts and scripts that incorporate language accessibility Provide signage and supplies to manage flow and redirect traffic (e.g., pylons, barricades), and support accessibility goals Ordering Physician unless otherwise provided by EMS Medical Command Lab Courier Service (maybe bundled with reference lab contract) Set up notification process / customer service for positive patients (consider contract / partnering with local agency) Facilitate on-site staff access to Language line for non-English speaking customers Pasco Fire: (Commons, EOC and GCACH will support) Local test site command (scheduling/daily operations) Recruit Columbia Safety to run daily test site operations Ensure Local test site is supplied/organized to operate Timely requests to EOC for any supplies to ensure no gaps in materials Site plan including an agreed upon traffic flow with local jurisdiction Supervise and assure safety for all personnel while onsite Monthly financial activity reports detailing expenditures for which reimbursement is requested Monthly labor reports to BFHD for direct payment (Fire District name, employee name, date(s), hours worked and any other documentation to assist DOH with validation of invoices to reimburse Fire Districts for operational labor support) Maintain additional financial backup documentation such as payroll and general ledger and provide upon request Other reporting as requested by DOH . A positive patient experience Greater Columbia ACH: (Pasco Fire and EOC will support) City of Pasco— Contract 2020 a g e 11 Page 99 of 140 Developing and implementing marketing strategy for test site Partner with local community advocates, employers, leaders and county agencies to ensure community is knowledgeable about test site. Columbia Safety: (Pasco Fire to support) Recruiting, hiring, onboarding, and continued HR support of Swabbers, Registered Technician Leads, Registered Technicians, and Traffic Positions A positive patient experience DOH/HCA: (EOC and Commons will support) Funding for BFHD and Pasco Fire to setup and operate test sites Reference Lab and software selection/contracting with those suppliers Ongoing Kits, PPE as needed SOLV Health: (Commons will support) Provide technical software to support customer registration, sample collection, lab processing, and result notification (OR code) Provide dry run and launch support to site team and staff Work with UW Med Lab, Commons and site team to ensure quick resolution of any IT related bugs/issues UW Med Lab: (Pasco Fire and BFHD will support) Provide testing for all samples collected at site Provide technical and workflow feedback related to specimen collection errors Provide courier services and pick-up on-site Thursday -Monday Provide cardboard test tube containers to BFHD Commons: (EOC and DOH will support) Overall Program Management Consumer marketing / demand generation for local site/registration website Configuration of registration software/timekeeping and related technology Initial training and scheduling of personnel to administer tests, registration staff, traffic control, and parking enforcement Establish on-site laboratory protocols and create touchpoints between CTS, site supervisors and lab to ensure open communication and continuous improvement Support local Fire with initial set up, training and site operations Gly of Pasco—Contract 2020 P g e 12 Page 100 of 140 Venda Invoice Template City of Pasco - Fire Department 1011 E Ainsworth Ave Pasco WA 99330 Remit To Benton -Franklin Health District Ann: Accounts Payable 7102 W Okanogan Place Kennewick WA 99336 Exhibit C Contract # Contact Phone # _ Email Invoice for services rendered under this contract for the period of: SalariesNVa es REG OT REGULAR PAY OT PAY EMPLOYEE POSITION HRS/WK/MO HRSMKIMO 0.00 RATE 0.00 RAT_ E TOTAL Incident Command 0.00 0.00 0.00 Operation/Safety Chief 0.00 0.00 0.00 0.00 0.00 Finance Section Chief 0.00 0.00 0.00 0.00 0.00 Planning Section Chief 0.00 0.00 0.00 0.00 0.00 Logistics Chief 0.00 0.00 0.00 0.00 0.00 On Site Supervisor 0.00 0.00 0.00 0.00 0.00 Clinician 0.00 0.00 0.00 0.00 0.00 Clinician 0.00 0.00 0.00 0.00 0.00 Clinician 0.00 0.00 0.00 0.00 0.00 Clinician 0.00 0.00 0.00 0.00 0.00 Clinician 0.00 0.00 0.00 0.00 0.00 Clinician 0.00 0.00 0.00 0.00 0.00 RT- Lead 0.00 0.00 0.00 0.00 0.00 RT 0.00 0.00 0.00 0.00 0.00 RT 0.00 0.00 0.00 0.00 0.00 RT 0.00 0.00 0.00 0.00 0.00 RT 0.00 0.00 0.00 0.00 0.00 RT 0.00 0.00 0.00 0.00 0.00 RT 0.00 0.00 0.00 0.00 0.00 Parking Enforcement 0.00 0.00 0.00 0.00 0.00 Traffic Civilian 0.00 0.00 0.00 0.00 0.00 Total Salaries/Wages 50.00 City of Pasco -Contract 2020 C a g e i 1 Page 101 of 140 Vendors Certificate: I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials, merchandise or services furnished and that all goods furnished and/or services rendered have been provided without discrimination because of age, am marital status, race, creed, color, national origin, handicap, religion, or Vietnemera or disabled veterans status. Print Name & Tolle Signature Date City of Paseo—Contract 2020 P a g e 12 Total Benefits -Fringe 0.00 Supplies & Equipment Descri tion Amount Office Supplies Medical Supplies Minor Equipment Other: Total Supplies & Equipment 0.00 TOTAL EXPENDITURES 0.00 Vendors Certificate: I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials, merchandise or services furnished and that all goods furnished and/or services rendered have been provided without discrimination because of age, am marital status, race, creed, color, national origin, handicap, religion, or Vietnemera or disabled veterans status. Print Name & Tolle Signature Date City of Paseo—Contract 2020 P a g e 12 Page 102 of 140 RrhibIt D DEPARTMEIN"T OF IIEALTII & IWMAN SERVICES Office of the Secretary 4 The Generai Counsel Washington. D.C. 20201 ADvISORY OPINION ON THE PUBLIC READINESS AND EMERGENCY PREPAREDNESS ACT AND THE MARCH 10, 2020 DECLARATION UNDER THE ACT APRIL 17, 2020, AS MODIFIED ON MAY 19, 2020 Purpose of this Advisory Opinion On March 10, 2020, the Secretary of Health and Human Services (Secretary) issued a Declaration under the Public Readiness and Emergency Preparedness Act (PREP Act), effective February 4, 2020, for certain medical products to be used against COVID-19. See 85 Fed. Reg. 15,198, 15,202 (March 17, 2020); see also Pub. L. No. 109-148, Public Health Service Act § 3191-3, 42 U.S.C. 247d -6d and 42 U.S.C. § 247d -6e. We have received requests for advisory opinions, especially from those donating goods and services, on whether various activities qualify for PREP Act immunity. The Office of the General Counsel will make every effort to respond to each request. But we have limited resources, especially in this time of national emergency. To minimize the need to request an advisory opinion, we issue this omnibus advisory opinion that should address most questions and concerns about the scope of PREP Act immunity during the Coronavirus disease 2019 (COVID-19) pandemic. This advisory opinion sets forth the current views of the Office of the General Counsel.' It is not a final agency action or a final order. Nor does it bind HHS or the federal courts. It does not have the force or effect of law. The PREP Act PREP Act immunity applies to any "covered person" with respect to all "claims for loss" caused by, arising out of, relating to, or resulting from the "administration" or the "use" of a "covered countermeasure" if a declaration has been issued with respect to that countermeasure. 42 U.S.C. 247d-6d(a)(1). We often receive questions about whether a medical product is a covered countermeasure, whether a person is a covered person, and whether a specific activity qualifies as use or administration of a covered countermeasure. Therefore, this advisory opinion provides a list of covered countermeasures subject to an Emergency Use Authorization (EUA);"` See Air Brake Sys, Inc. a Mineta, 357 F.3d 632, 647-48 (6th Cir. 2004) (holding that the Chief Counsel of the National Highway Traffic Safety Administration had delegated authority to issue advisory opinions to regulated entities in fulfillment of a congressional directive to promote regulatory compliance); 5 U.S.C. § 301 ("The head of an executive department ... may prescribe regulations for the government of his department, the conduct of its employees, [and] the distribution and performance of its business[]'. See. Appendix A, https://www.fda.gov/media/136702/download Appendix B, s://a tru.fda.euo/st,ia 36Ii32/d fu luail. Page 103 of 140 advises that an entity or individual who complies with all other requirements of the PREP Act and the conditions of the Secretary's declaration will not lose PREP Act immunity—even if the medical product at issue is not a covered countermeasure -4f that entity or individual reasonably could have believed that the product was a covered countermeasure; advises that a person who complies with all other requirements of the PREP Act and the conditions of the Secretary's declaration will not lose PREP Act immunity --even if the person at issue is met a covered person—if the entity or individual reasonably could have believed that the person was a covered person; and sets forth HHS's view that covered persons should take, and document, reasonable precautions under the current emergent circumstances to facilitate the safe use or administration of covered countermeasures and to make those documents publicly and easily available. If all requirements of the PREP Act and the declaration are met, immunity covers claims for loss sounding in tort or contract, as well as claims for loss relating to compliance with locals state, or federal laws, regulations, or other legal requirements. Immunity applies when a covered person engages in activities related to an agreement or arrangement with the federal government, or when a covered person acts according to an Authority Having Jurisdiction to respond to a declared emergency. We interpret these two conditions broadly to include (1) any arrangement with the federal government, or (2) any activity that is part of an authorized emergency response at the federal, regional, state, or local level. Such activities can be authorized through, among other things, guidance, requests for assistance, agreements, or other arrangements. Because the Secretary issued a Public Health Emergency declaration on January 31, 2020, effective as of January 27, 2020, the immunity granted by the PREP Act under this declaration applies regardless of whether state or local authorities have declared states of emergencies. A few caveats about PREP Act immunity: First, PREP Act immunity is not absolute. For example, the PREP Act does not provide immunity against federal enforcement actions brought by the federal government—whether civil, criminal, or administrative. Nor does the PREP Act provide immunity against suit and liability for claims under federal law for equitable relief. PREP Act immunity exempting preemption) is also limited to claims for personal injury or damage to property. Serond, the PREP Act replaces certain damages claims that would normally be brought in court with a no- fault compensation system outlined at 42 C.F.R. pt. 110. Third, PREP Act immunity must be read in light of the PREP Act's broad, express -preemption provision.` s While PREP Act immunity does not expressly extend to local laws, the Act expressly preempts any State and local law that "is different from, or is in conflict with, any requirement applicable under the PREP Act]." 42 U.S.C. S 247d-6d(b)(8). Under § 247d-6d(b)(8)(A), (1) "no State or political subdivision of a State may establish, enforce, or continue in effect with respect to a covered countermeasure any provision of law or legal requirement that is different from, or is is conflut with, any requirement applicable under this section" 2 Page 104 of 140 Covered Countermeasures The PREP Act authorizes the Secretary to issue a declaration to provide liability immunity to certain individuals and entities (covered persons) against any claim of loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures (covered countermeasures). Under the March 10, 2020 declaration, covered countermeasures are any antiviral, any other drug, any biologic, any diagnostic, any other device, or any vaccine, used to treat, diagnose, cure, prevent, or mitigate COVID-19, or the transmission of SARS-CoV 2 or a virus mutating therefrom, or any device used in the administration of any such product, and all components and constituent materials of any such product. 85 Fed. Reg. 15,198,15,202 (March 17, 2020). Any drug, device, or biological product that is approved, cleared, or licensed by the FDA and is used to diagnose, mitigate, prevent, treat, cure, or limit the harm of COVID-19 is a covered countermeasure. The Coronavirus Aid, Relief, and Economic Security (CARES) Act § 3103, Pub. L. No. 116-136 (March 27, 2020), amended the PREP Act to add respiratory protective devices to the Est of covered countermeasures so long as they are NIOSH approved and determined by the Secretary to be a priority for use during a public health emergency declared by the Secretary under section 319 of the Public Health Service Acts Sec 42 U.S.C. § § 247d, 247d-6d@(1)(D). Any drug, device, or biological product authorized for emergency use with respect to COVID-19 under an EUA, described in Emergency Use Instructions (EUI) issued by the CDC, or being researched under certain investigational provisions (ie., IND, IDE) to treat COVID-19 is a covered countermeasure. See 21 C.F.R. pts. 312 and 812. In addition, as noted above, the CARES Act amended the PREP Act to include certain respiratory protective devices. These requirements apply equally to products held in the public and private sectors. Covered countermeasures include, among other things, a "qualified pandemic or epidemic product." See 42 U.S.C. § 247d-6d@(1)(A). The term "qualified pandemic or epidemic product" means a drug ... biological product ... or device [as] defined... [in] the Federal Food, Drug, and Cosmetic Act ... that is A) n a product manufactured, used, designed, developed, modified, licensed, or procured— (1) to diagnose, mitigate, prevent, treat, or cure a pandemic or epidemic; or (II) to limit the harm such pandemic or epidemic might otherwise cause; and (2) relates to, among other things, use or administration of the covered countermeasure. Emphasis added). The Secretary issued an amendment to the Declaration effective March 27, 2020 to address this statutory change. 85 Fed. Reg. 21,012 (April 15, 2020). Page 105 of 140 CH) a product manufactured, used, designed, developed, modified, licensed, or procured to diagnose, mitigate, prevent, treat, or cure a serious or life-threatening disease or condition caused by a product described in clause n; or tit) a product or technology intended to enhance the use or effect of a drug, biological product, or device described in clause n or n); and B) (i) approved or cleared under chapter V of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 351 et seg.] or licensed under section 262 of this title; n) the object of research for possible use as described by subparagraph (A) and is the subject of an exemption under section 505(1) or 520(8) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. % 355{1), 360j(p)]; or in) authorized for emergency use in accordance with section 564, 564A, or 564B of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. §§ 360bbb-3, 360bbb-3a, 360bbb-3b]. 42 U.S.C. § 247d-6d(i (7). Thus, in order to meet the definition of a qualified pandemic or epidemic product, a product 1) must be used for COVID-19; and 2) must be a) approved, licensed, or cleared by FDA; b) authorized under an EUA; c) described in an EUI; or d) used under either an Investigational New Drug (IND) application or an Investigational Device Exemption (IDE). 6 The number of products used for COVID-19 that are approved, licensed, or cleared are too numerous to list. But we have found that industry has often sought clarity regarding whether certain products, including diagnostic tests and personal protective equipment (PPE), are covered by EUAs. Footnote 2, above, links to a list those products that are covered by EUAs. We hope that this list proves helpful. HHS will use its best efforts to regularly update that list, although there may be a lag between the actual issuance of the EUA by FDA and the product's appearance on the list Given the broad scope of PREP Act immunity, Congress did not intend to impose a strict - liability standard on covered persons for determining whether a product is a covered countermeasure. Instead, we believe that a person or entity that otherwise meets the requirements for PREP Act immunity will not lose that immunity—even if the product is not a covered countermeasure—if that person or entity reasonably could have believed that the product was a covered countermeasure. See, e.g., 42 U.S.C. § 247d-6d(a)(4)(B) (applying the "reasonably -could -have -believed" standard to predicate 6 While certain information about products under an IND or IDE is confidential commercial information and not subject to disclosure, some information is available to the public on clinicaltrials.gov. 4 Page 106 of 140 requirements for PREP Act immunity not involving the actual use and administration of covered countermeasures). For example, FDA has issued EUAs for certain COVM-19 tests and PPE. A covered person purchases 500,000 tests or respirators that appear to be authorized under an EUA. The covered person has taken reasonable steps—under the current, emergent circumstances ---to substantiate the authenticity of the products. But it turns out that some or all of the products are counterfeit. Under those circumstances, we believe that the person would be immune against a claim arising out of the use of a counterfeit test or respirator. Covered Person The PREP Act provides immunity, to a "covered person" for certain activities (e.g., manufact wing, distributing, using, or administering) involving a "covered countermeasure," as defined in the PREP Act and delineated in a PREP Act declaration issued by the Secretary. 'The term covered person," when used with respect to the administration or use of a covered countermeasure, means— A) the United States; or B) a person or entity that is— t) a manufacturer of such countermeasure; it) a distributor of such countermeasure; ur) a program planner of such countermeasure; v) a qualified person who prescribed, administered, or dispensed such countermeasure; or v) an official, agent, or employee of it person or entity described in clause n, (ii), (iii), or (iv). 42 U.S.C. § 247d-6dn(2). We have received questions about the meaning of "program planner" and qualified person." The term "program planner" means a State or local government, including an Indian tribe, a person employed by the State or local government, or other person who supervised or administered a program with respect to the administration, dispensing, distribution, provision, or use of a security countermeasure or a qualified pandemic or epidemic product, including a person who has established requirements, provided policy guidance, or supplied technical or scientific advice or assistance or provides a facility to administer or use a covered countermeasure in accordance with [the Secretary's declaration]. 42 U.S.C. S 247d -6d()(6). Page 107 of 140 Under the Secretary's declaration, "[A] private sector employer or community group or other person' can be a program planner when it carries out the described activities." 85 Fed Reg. at 15,202. The term "qualified person," when used with respect to the administration or use of a covered countermeasure, means— (A) a licensed health professional or other individual who is authorized to prescribe, administer, or dispense such countermeasures under the law of the State in which the countermeasure was prescribed, administered, or dispensed; or (B) a person within it category of persons so identified in a declaration by the Secretary. 42 U.S.C. § 247d -6d()(8). With respect to that second category, the Secretary, through Section V of his declaration, has determined that qualified persons also include a]ny person authorized in accordance with the public health and medical emergency response of the Authority Having jurisdiction, as described in Section VII below, to prescribe, administer, deliver, distribute or dispense the Covered Countermeasures, and their officials, agents, employees, contractors and volunteers, following a Declaration of an emergency[] 85 Fed Reg. at 15,202. Therefore, an Authority Having jurisdiction has broad powers to extend PREP Act immunity to additional individuals as part of a public health and medical emergency response. The Authority Having jurisdiction does so by authorizing "any person" to `prescribe, administer, deliver, distribute or dispense the Covered Countermeasures." Section VII of the declaration explains that "[t]he Authority Having Jurisdiction means the public agency or its delegate that has legal responsibility and authority for responding to an incident, based on political or geographical (e.g., city, county, tribal, state, or federal boundary lines) or functional (e.g., law enforcement, public health) range or sphere of authority." Id As the lead federal public-health agency that has legal responsibility and authority for responding to the COVED -19 emergency, HHS is an Authority Having jurisdiction, but it is not the only Authority Having jurisdiction to respond to the COVID-19 emergency. The following is an example of a qualified person under Sections V and VII of the declaration. In response to the COVID-19 emergency, the HHS Office of the Assistant Secretary for Health OASH) issued guidance for licensed pharmacists to order and administer COVM-19 tests, including serology tests, that the FDA has authorized. Such tests are covered countermeasures under the declaration. Thus, under Sections V and VII of the declaration, such pharmacists are covered persons. Specifically, they are qualified persons, as they are acting in accordance with guidance from HHS—an Authority Having jurisdiction to respond—following a declared emergency by the Secretary. The pharmacists are covered as qualified persons (and hence as covered persons) even if they may not be 6 Page 108 of 140 licensed or authorized by the State to prescribe the tests pursuant to § 247d-6d(i)(8)(A)), because they fit within the alternative definition of "qualified persons" pursuant to paragraph § 247d-6dn(8)(B), as provided by the Secretary in the declaration. As with covered countermeasures, an entity or person that otherwise meets the requirements for PREP Act immunity will not lose that immunity --even if the entity or person is not a covered person --if that entity or person reasonably could have believed, under the current, emergent circumstances, that the person was a covered person. See, e.g., 42 U.S.C. § 247d-6d(2)(4)(B). For example, a pharmacy allows its licensed pharmacists to order FDA -authorized, self -swab COVID-19 tests pursuant to the OASH guidance. Notwithstanding the pharmacy's reasonable - compliance measures to ensure current licensure, it turns out that one of the pharmacists had inadvertently allowed his license to expire. Under those circumstances, the pharmacy would still be immune against a lawsuit relating to the COVID-19 test prescribed by that pharmacist. Reasonable Precautions Under the PREP Act, immunity is broad. As a general matter, a covered person is immune from liability for all claims for loss except for willful misconduct that proximately caused death or serious injury. 42 U.S.C. § 247d-6d(c)(3). Suits alleging an exception to immunity for covered persons can only be brought before a three-judge court in the United States District Court for the District of Columbia. 42 U.S.C. § 247d-6d(e)(1), (5). And to prevail, a plaintiff must establish, by clear and convincing evidence, that the willful misconduct proximately caused death or serious injury. 42 U.S.C. 247d-6d(c)(3). But even then, certain acts or omissions remain immune from suit. For example, under 42 U.S.C. § 247d-6d(c)(4), Notwithstanding any other provision of law, a program planner or qualified person shall not have engaged in `willful misconduct" as a matter of law where such program planner or qualified person acted consistent with applicable directions, guidelines, or recommendations by the Secretary regarding the administration or use of a covered countermeasure that is specified in the declaration under subsection b), provided either the Secretary, of a State or local health authority, was provided with notice of information regarding serious physical injury or death from the administration or use of a covered countermeasure that is material to the plaintiffs alleged loss within 7 days of the actual discovery of such information by such program planner or qualified person. And under 42 U.S.C. § 247d-6d(c)(5), certain acts or omissions by a manufacturer or distributor and subject to regulation by this chapter or by the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et .req.]" will not constitute willful misconduct if (1) "neither the Secretary nor the Attorney General has initiated an enforcement action with respect to such act or omission" or (2) "such an enforcement action has been initiated and the action has been terminated or finally resolved without a covered remedy." Page 109 of 140 Nevertheless, HHS encourages all covered persons using or administering covered countermeasures to document the reasonable precautions they have taken to safely use the covered countermeasures. For example, consider a distributor of medical products that sources PPE from a new supplier abroad in a good -faith attempt to quickly deliver PPE to American communities affected by COVID- 19. Among other things, that distributor assesses the supplier's facility to confirm that the supplier actually manufactures the PPE. The distributor also confirms that the supplier has quality -control processes in place. Under those circumstances, the distributor may wish to make available to the purchaser information about the reasonable efforts that the distributor had taken to safely use the covered countermeasures. Purchasers such as hospitals would then be able to make more informed decisions about how best to use the PPE. Overall, this would provide greater transparency in implementing the PREP Act. Compensation for Injuries The PREP Act, like workers' compensation or the National Vaccine Injury Compensation Program, substitutes a no-fault, speedy compensation system in place of expensive and uncertain litigation. Those who have been seriously injured or died as the direct result of a covered countermeasure administered or used under a declaration may seek compensation from the Covered Countermeasures Process Fund. Requests for benefits must be made to the Health Resources and Services Administration's Countermeasures Injury Compensation Program (CICP). Compensation for serious injuries may be available to eligible requesters under CICP. A serious injury generally means a physical injury that warranted hospitalization (whether or not the person was actually hospitalized) or that led to a significant loss of function or disability. 42 C.F.R. § 110.3(z). CICP pays reasonable and necessary medical benefits. CICP also pays lost wages to eligible recipients. Death benefits may also be available to certain survivors of eligible individuals who died as a direct result of the administration or use of a covered countermeasure. CICP is payer of last resort. So benefits are reduced by the amounts payable by other public and private third -party payers (such as health insurance and workers' compensation). The regulations implementing the CICP are at 42 C.F.R. pt. 110. Compensation for injuries is more limited than the liability immunity afforded under the PREP Act. As described above, the PREP Act provides immunity for all claims for loss. But CICP will provide compensation only for eligible claims of serious physical injury or death. CICP will not compensate claims related to emotional injury, fear of injury, business losses, or other types of claims for which immunity is provided. Information about this program can be found at htx :/O vw v.t rsa, of ct i ,iz cica.1 W or by calling 855-266-2427. Limitations This Advisory Opinion may be supplemented or modified. It is intended to minimize the need for individual advisory opinions. Page 110 of 140 Persons seeking PREP Act immunity are responsible for determining whether their products are covered countermeasures, whether a person or entity is a covered person, whether reasonable precautions have been taken to facilitate the safe use of covered countermeasures, and in general, whether immunity applies to them and their activities. kVb&t* I>. CILAi"r~ Robert P. Charrow General Counsel May 19, 2020 Page 111 of 140 AGENDA REPORT FOR: City Council January 21, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 2/1/21 FROM: Adam Lincoln, Deputy City Manager Executive SUBJECT: *Resolution - First Amendment to Columbia Safety, LLC Professional Services Agreement for COVID-19 Test Site I. REFERENCE(S): Resolution - Amendment No. 1 Increasing Funding Limit Letter 12.29.2020 Resolution No. 3994 - Professional Services Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: first the approving _____, No. to adopt move I Resolution amendment to the professional services agreement with Columbia Safety, LLC for the COVID-19 testing site and further, authorize the City Manager to execute the contract. III. FISCAL IMPACT: Amendment No. 1 - Additional $1,125,000 PSA estimated total of $1,847,000 (to be reimbursed 100% by Benton -Franklin Health District) IV. HISTORY AND FACTS BRIEF: City Council approved an agreement with Benton -Franklin Health District (BFHD) and a professional services agreement (PSA) Columbia Safety, LLC at the September 28,2020 Special Meeting for a COVID -19 testing site. The agreement with BFHD established the City of Pasco (City) as the primary contractor and BFHD as the reimbursing agency for operational expenses as well as supplier of personal protective equipment (PPE) and testing and sanitizing supplies for the site. The approved PSA with Columbia Safety, LLC created a contractor (City) - subcontractor (Columbia, Safety LLC) relationship. Page 112 of 140 Columbia Safety, LLC has staffed, trained, and ensures qualifications of medical personnel who conduct the screening and testing services at the site. Through performance metrics, the City advises Columbia Safety, LLC on necessary staffing levels to ensure they are consistent with needs. By maintaining site management and operation control the City continues to effectively implement cost-control measures. V. DISCUSSION: Columbia Safety, LLC continues to provide effective and efficient testing services while exceeding expected daily capacity (500 tests). Although the term of the PSA with Columbia Safety, LLC does not expire until September 30, 2022, additional funding was necessary to continue testing operations beginning January 1, 2021. BF HD agreed to provide funding through January 31, 2021 until a longer-term agreement was completed. Time was of the essence and the City communicated its intent to increase funding of the contract with Columbia Safety, LLC by providing a letter of commitme nt stating formal action would follow (letter attached). During the month of January, BFHD secured additional funding to continue site operations through March 31, 2021. Staff recommends the approval of the amendment before Council tonight. Page 113 of 140 Resolution – PSA with Columbia Safety LLC for COVID-19 Testing Site – First Amendment 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO APPROVING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH COLUMBIA SAFETY, LLC FOR THE COVID-19 TESTING SITE. WHEREAS, the City of Pasco, Washington and Benton-Franklin Health District entered into an agreement for the reimbursement of expenses for a COVID-19 community testing site; and WHEREAS, the City of Pasco, Washington will provide site command and safety procedures for all personnel onsite; and WHEREAS, Columbia Safety, LLC will provide services for the registration, testing, and medical exam processing for the COVID-19 testing site; and WHEREAS, on September 21, 2020, the City Council of the City of Pasco authorized the City Manager to negotiate and execute an agreement with Columbia Safety, LLC consistent with the terms discussed at that Regular Meeting and subsequently ratified the agreement at the September 28, 2020 special meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Council of the City of Pasco approves the first amendment of the Professional Services Agreement between the City of Pasco and Columbia Safety, LLC, as attached hereto and incorporated herein as Exhibit A; and PASSED by the City Council of the City of Pasco, Washington this 1st day of February, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 114 of 140 Amendment No. 1 – Professional Services Agreement – Columbia Safety, LLC Pasco West CBC COVID Testing Site AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT COLUMBIA SAFETY LLC – COVID-19 TESTING SITE WHEREAS, the City of Pasco and Columbia Safety LLC entered into a Professional Services Agreement on September 30, 2020 to provide registration and testing services at the COVID-19 testing site. NOW, THEREFORE, this agreement is amended to not to exceed the amount $1,847,000. 1. Scope of Work See Exhibit A 2. Fee $1,125,000 3. Term of Performance Agreement expiration of September 30, 2022. DATED THIS ____ DAY OF FEBRUARY, 2021. CITY OF PASCO, WASHINGTON COLUMBIA SAFETY, LLC Dave Zabell, City Manager Nathan Kennedy, Owner ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney Page 115 of 140 December 29, 2020 Nathan Kennedy, President Columbia Safety Revision to Columbia Safety LLC PSA - Increasing Funding Limit Mr. Kennedy, This letter is to revise, by mutual agreement, the limit of $722,115 established in the Professional Services Agreement (PSA) dated September 23, 2020 between the City of Pasco and Columbia Safety LLC to an amount not to exceed $1,100,000. All other terms and conditions of the aforementioned PSA shall remain in effect. Time was of the essence in communicating the City’s authorization of service by Columbia Safety to the higher limit, accordingly a more formal addendum memorializing this revision to the above referenced PSA will be prepared within the next several days. Please indicate below with your signature, your acknowledgment and acceptance of these terms noted above. Sincerely, Dave Zabell City Manager On behalf of Columbia Safety LLC., I am authorized, and accept, the revisions to the September 23, 2020 Professional Services Agreement terms described herein. Nathan Kennedy, President Date cc: Bob Gear, Fire Chief 12/29/2020 Page 116 of 140 RESOLUTION NO. 3994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO RATIFYING THE EXECUTION OF THE PROFESSIONAL SERVICES AGREEMENT WITH COLUMBIA SAFETY, LLC FOR THE COVID-19 TESTING SITE. WHEREAS, the City of Pasco, Washington and Benton -Franklin Health District entered into an Interlocal Agreement for the reimbursement of expenses for a COVID-19 community testing site; and WHEREAS, the City of Pasco, Washington will provide site command and assure safety for all personnel onsite; and WHEREAS, Columbia Safety, LLC will provide services for the registration, testing, and medical exam processing for the COVID-19 testing site; and WHEREAS, on September 21, 2020, the City Council of the City of Pasco authorized the City Manager to negotiate and execute an agreement with Columbia Safety, LLC consistent with the terms discussed at that Regular Meeting subject to ratification by Council. 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 ratifies and approves of the terms and conditions of the Professional Services Agreement between the City of Pasco and Columbia Safety, LLC, as attached hereto and incorporated herein as Exhibit A; and PASSED by the City Council of the City of Pasco, Washington this 281h day of September, 2020. Saul Martinez Mayor ATTEST: Debra Barham, CMC City Clerk APPROVED AS TO FORM: Resolution— PSA with Columbia Safety LLC for COVID-19 Testing Site 1 Page 117 of 140 PROFESSIONAL SERVICES AGREEMENT Columbia Safety, LLC THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and Columbia Safety, LLC, hereinafter referred to as "Consultant," on the 23rd day of September, 2020. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scone of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant's Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the "Project"). 2. Term. This Project shall begin on the execution date listed above and be completed by September 30, 2022. 3. Compensation and Payment. 3.1 Payment for services described in the Scope of Work shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon bi-weekly submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is issued. Payment shall occur within fifteen (15) days of receipt and approval of an invoice. With respect to the unpaid amount of any invoice not paid in full within Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 1 of 17 Page 118 of 140 fifteen (15) days of receipt, a penalty of six percent (6%) of the unpaid amount shall accrue, increasing to eighteen percent (18%) for any amount remaining unpaid after thirty (30) days from receipt. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. Hourly (Multiple Rate): Such rates as identified in Exhibit B, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $722,115.00 without the prior written authorization by the City. 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant's activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant's activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 2 of 17 Page 119 of 140 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as "work product," shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as confidential," "proprietary," or a "trade secret" shall be conspicuously designated as such. 5.2 In the event of Consultant's default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW Public Records Act." All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 3 of 17 Page 120 of 140 release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City's general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City's sole discretion, may be detrimental to the City's interest. 8. Indemnification. 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the negligence or malfeasance of the City. 8.2 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 4 of 17 Page 121 of 140 of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 1 (Scope of Services) above. 8.5 Consultant agrees that the work performed under this agreement is subject to the Contractor Agreement between the City of Pasco and the Benton -Franklin Health District. As such, the Consultant will be a Subcontractor to that agreement, and the Subcontractor shall protect, defend, indemnify, and hold harmless Benton -Franklin Health District (BFHD), its officers, employees and agents from any and all costs, claims, judgements, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that BFHD is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. The Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 5 of 17 Page 122 of 140 operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant's profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: 2,000,000 each occurrence; and 2,000,000 general aggregate; 9.2.3 Professional Liability insurance, with no pandemic exclusions, shall be written with limits no less than: 2,000,000 per claim; and 2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Consultant's Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 9.3.1 The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 6 of 17 Page 123 of 140 9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. 9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days' notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 7 of 17 Page 124 of 140 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 13.3 Termination for Late Payment. In the event that the City fails to make payment in full of an invoice when due, the Consultant shall have the right, at its sole option, upon ten (10) business days' written notice ("Suspension Notice") to the City to suspend performance of the Project until payment in full has been received. The Consultant may thereafter terminate this Agreement for cause in the event that the unpaid amount of an invoice is not paid within five (5) days of the City's receipt of a Suspension Notice. Termination shall be effected by serving a notice of termination on the City setting forth the manner in which the City is in default. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 8 of 17 Page 125 of 140 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: 14.3.2 For the Consultant: 15. Dispute Resolution. Bob Gear, or his designee 525 N 3rd Ave Pasco, WA 99301 509) 528-1650 egarb(d),pasco-wa.gov Nathan Kennedy, or his designee (Haylie Warren) 418 N Kellogg St. Suite D Kennewick, WA 99336 509) 820-3883 Nathan a-,columbiasafety.net Haylie@columbiasafety.net 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. Professional Services Agreement — Columbia Safety, LLC Pasco West CSC COVID Testing Site Page 9 of 17 Page 126 of 140 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON i ave abell an r ATTEST: IA< C -A,- Debra C. Barham, City Clerk APPROVED AS TO FORM: tKerrFerguso PLLC, icy. ttomey COLUMBIA SA,YETY, LLC Nathan Kennedy, Owner Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 10 of 17 Page 127 of 140 EXHIBIT A SCOPE OF WORK Screening and Testing Services Pasco West CBC COVID Testing Site 1.0 INTRODUCTION The World Health Organization (WHO) has declared the novel Coronavirus (COVID 19 or COVID) a worldwide pandemic. COVID 19 has demonstrated the capability to spread rapidly, leading to significant impacts on healthcare systems and causing societal disruption. The potential public health threat posed by COVID 19 is high, both globally and to the United States. To respond effectively to the COVID 19 outbreak, rapid detection of cases and contacts, appropriate clinical management and infection control, and implementation of community mitigation efforts are critical. To assure the early detection of persons infected with COVID19 in Washington State, the Washington State Department of Health (DOH) is working with the Health Commons Project Service Accelerator and Benton -Franklin Community Partners (which collectively comprise the "COVID Community Test Site Organization") to staff and operate multiple sites in the Columbia Basin area to test anyone who has COVID symptoms, may have been exposed to COVID, or simply is concerned about their COVID status. Under contract to the City of Pasco in Washington State, Columbia Safety, LLC, hereinafter referred to as "Consultant," will recruit, train and provide healthcare personnel, including but not limited to Registration Technicians, Clinical Swabbers, and Traffic Control to physically interact with test patients and accompanying individuals at the Pasco CBC West COVID Testing Site (hereinafter, the "Testing Site"). 2.0 SCOPE OF WORK 2.1. Organization. 2.1.1 Site management and operational control of all testing activities at the Testing Site will be performed by the City of Pasco Fire Department (hereinafter, the "Fire Department"), a member of the Benton -Franklin Community Partners and the larger COVID Community Test Site Organization. 2.1.2 At the Testing Site, the Consultant's staff leads (e.g., administrator, clinical swabber lead, registration technician lead, traffic control) will report to and coordinate their on-site activities with the Fire Department's Operations Chief or his/her designee. Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 11 of 17 Page 128 of 140 Operations Chief Pasco Fire Department Administrator Consultant Swabber LeadI RT Lead I Traffic Control Consultant Consultant Consultant Clinical Swabbers I Registration Technicians Consultant Consultant Figure 2.1 Organization Chart, Testing Site 2.1.3 The Consultant will have direction over their employees while on and off site. To include meals, breaks, hiring, training and termination. The fire department will advise the Consultant of number of staff needed per day on a weekly basis. Notification of any changes will be seven (7) days in advance. 2.2. Personnel. 2.2.1 The Consultant will train, qualify and provide an appropriate number of personnel to perform the following functions at the Testing Site. 2.2.1.1 Training Specialist, HR. This person will be available at the start of each day to ensure the site is adequately staffed and check-in with the Operations Chief with a list of on-site staff. He/she will be the Operations Chiefs main point -of -contact for human resources concerns, including changes in staffing needs and resolution of any issues with the Test Site leads and staff. 2.2.1.2 Clinical Swabber Lead. This person will be in direct on-site contact with the Operations Chief. He/she will provide oversight of all clinical swabbers and ensure they have the appropriate training for their roles. He/she will make sure positions are covered during breaks and lunch periods, and all questions are answered. This person will be the Operations Chief contact for any simple changes needed with the clinical swabbers on-site during the work day. 2.2.1.3 Clinical Swabber. This person will report to the Clinical Swabber Lead. There will be at least two Clinical Swabber for every lane of traffic. They will be responsible for: Patient care and comfort. Wave patient forward to testing zone. Open vial and place in holder on table. Give patient tissue. Ask for phone number and confirm. Open swab and assist in specimen collection. Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 12 of 17 Page 129 of 140 Place swab in vial and place vial in cooler. Highlighter on vial label if unable to collect specimen for any reason. Hand hygiene and new gloves. 2.2.1.4 Registration Technician (RT) Lead. This person will be in direct on-site contact with the Operations Chief. He/she will provide oversight of all registration technicians, and responsible for: Mentoring staff in EPIC/OCHIN and workflow updates. Troubleshooting the registration process, technology and questions. Overseeing patient queues and ensuring patient entry completeness. Reviewing testing roster. Conducting training via Training Guides for any personnel NOT trained. Coordinating with the Operations Chief to assign logins for EPIC/OCHIN and troubleshooting technical issues. 2.2.1.5 Registration Technician (aka Customer Service Representatives). This person will report to the RT Lead. There will be two registration technician per testing lane, and one (1) floating registration technicians. They will be responsible for: Welcoming patient and answering general questions. Verifying patients' identity and checking them in on the iPad if they had an appointment. Signing them up if they did not have an appointment in the system. Check photo ID, ensure proper entry of the patient's full name, date of birth, phone number and home address. Collect insurance information and reason for test. Ask patient questions in EPIC application. Prepare patient vial with barcode and patient handout. If necessary, collecting identification and/or insurance card on clipboard. Placing barcode on manifest. Placing barcode with handwritten name and date of birth on vial. Scanning barcode on vial into EPIC. Monitoring walkie talkie for their lane team. Preparing patient vial with barcode and patient handout. Troubleshooting the registration process, technology and questions. 2.2.1.6 Registration Technicians (aka Greeters). This person will report to the RT Lead. The Registration Technician Greeter will primarily: Register walk-ups in EPIC/OCHIN on computer. Same process as normal RT but in walk-up tent. Once vial is labelled, walk patient to edge of lane 1 and place cone in front of next arriving car to block lane. Direct patient to Lane 1 swabber and give swabber the vial. For patients with mobility issues or special needs, use walkie talkie to request swabber from Lane 1 to walk-up tent. Assist all other unregistered drive up patients (in either parking lot or idling in Lane 1 by entering patient information into tablet. Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 13 of 17 Page 130 of 140 2.2.1.7 Traffic Control. This person will be in direct on-site contact with the Operations Chief and will be primarily responsible for: Managing the flow of traffic in off-street testing lanes. Ensuring cars are moving safely. Being the initial point of contact to answer questions at the point of entry to the Testing Site. 2.2.2 The Operations Chief will determine the number of each type of Consultant personnel needed to staff the Testing Site each day, and inform the Administrator of any changes at least seven (7) business days in advance. 2.3. Training. 2.3.1 The Consultant will train and qualify all Testing Site staff in accordance with the COVID 19 Training Guides provided by the Washington State Department of Health (DOH) and approved by local Medical Program Director Dr. Hodges. 2.3.2 Whenever a practice deficiency by a Testing Site staff member is reported to the Operations Chief, Training Specialist / HR or Lead, the Training Specialist / HR or Lead will immediately provide corrective instruction to the affected staff member(s) before permitting them to continue with testing activities. The Consultant will thereafter schedule and conduct remedial training for the affected staff member(s). 2.4. Equipment. 2.4.1 Personal Protective Equipment (PPE) and Sanitizing Supplies. The Fire Department will provide Consultant with all essential and necessary PPE and sanitizing supplies for staff performing testing activities at the Testing Site, including but not limited to N95 masks / KN95 masks, gloves, face shields, eye protection, gowns, hand sanitizer, sanitary wipes and cleaning solutions. 2.4.2 Testing Equipment and Related Articles. The Fire Department will provide Consultant with all essential and necessary testing equipment, including but not limited to swabs, vials, IPAD, marker pens, highlighters, requisitions forms, computers, printer, and anything else needed to adequate perform there job. 2.4.3 Traffic Control Equipment and Related Articles. The Fire Department will provide the appropriate traffic control equipment and security personnel to assure the safety and security of Testing Site staff and testing patients, including marked lanes, cones, in place from the road to the site. Anything outside the site gates will be handled by Pasco Police department. 2.4.4 Facilities. The Fire Department will provide bathroom facilities, break areas and parking for staff performing and/or supporting testing activities at the Testing Site. 2.5. Work Performance. Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 14 of 17 Page 131 of 140 2.5.1 Testing Protocols and Activities. To provide safe and accurate testing provide by Benton Franklin Health Department in conjunction with University of Washington Lab. 2.5.2 Test Site Operations. Current operations are scheduled for Thursday thru Monday from 8:30 am to 4:30 pm with meetings starting at 7:30 pm. This Schedule is subject to change. Any change in schedule will need a seven (7) day notice to the Training Specialist / HR. 2.5.3 Performance Metrics. The Fire Department will advise the Consultant within twenty-four 24) Hours of any changes needed in performance of the Consultant. The Fire Department will work with the Consultant to make the changes needed to be able to perform the change under a reasonable time frame dependent on the scope of work that needs to be changed. 2.6. Meetings. 2.6.1 The Consultant will attend and actively participate (on-site or remotely by telecon) in the planning, status and performance review meetings conducted weekly or as otherwise established by the City Fire Department. The intent of the meetings is to focus on the following: Review the progress of the testing activities and affirm that it addresses the Scope of Work and supports the Project schedule; Communicate and reinforce the City of Pasco's expectations with respect to Scope of Work, quality, and procedural requirements; Identify any risks and issues either party is or should be aware of (e.g., impacts to scope, schedule, costs, quality), and define risk mitigation and remediation plans, as required; Review performance of the Consultant. 2.7. Reports and Reviews. 2.7.1 The Consultant will submit a bi-weekly report to the Finance Section Chief that that includes basic staffing information, and accumulated costs. 2.7.2 The Training Specialist / HR will have a management meeting on-site with the City Fire Department at least once each business week to review and discuss the progress report and the performance of the Consultant's testing staff. 2.7.3 The Consultant will take immediate action to mitigate, remediate and/or correct any issues and/or concerns identified by the City of Pasco, Fire Department, Operations Chief and/or Administrator. 2.8. Compensation. 2.8.1 Contract Type. The Contract is time and materials (T&M) with a not -to -exceed (NTE) ceiling. Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 15 of 17 Page 132 of 140 2.8.2 Invoices. The Consultant will prepare and submit bi-weekly invoices to the City of Pasco for work performed. 2.9. Interfaces. 2.9.1 Training Specialist / HR. The Training Specialist / HR chairs the Consultant's Project Team and manages the Project staff and activities for the Consultant. The Training Specialist / HR for the Project is Haylie Warren. 2.9.2 Operations Chief. The Operations Chief manages the Testing Site and has operational control over on-site testing activities. The Operations Chief is Pat Hendrickson. 2.9.3 Consultant's Project Team. In addition to the Training Specialist / HR, the Consultant's Project Team includes but is not limited to Jaime Sanchez (Swabber Lead) and Kailee Garrison (RT Lead). 2.10. Issues and Concerns. 2.10.1 The Consultant will immediately inform the Operations Chief if and when it is determined that a problem is discovered that is not directly part of the Project's scope and/or could impact the Project's scope, quality, schedule and/or cost. 2.10.2 The Consultant will take immediate action to mitigate, remediate and/or correct any issues and/or concerns identified by the City of Pasco, Fire Department, Operations Chief and/or Training Specialist / HR. 2.11. Modification. 2.11.1 Any modifications within the Project's scope, schedule and/or cost, such as change in daily staffing needs, can be directed by the Operations Chief. 2.11.2 Any modifications outside the Project's scope, schedule and/or cost must be mutually agreed upon by the Consultant and the City of Pasco, and authorized by a written supplemental agreement approved by the City of Pasco before the change is implemented. Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 16 of 17 Page 133 of 140 Exhibit B Payment Rates and Projected # of Maximum Personnel Job Title Employed By of Personnel Hourly Rate OT Rate Hours Per Day Estimated Daily Cost Scheduling/HR/Training Columbia Safety 1 65.00 97.50 4 260.00 Swabber Lead Columbia Safety 1 65.00 97.50 10 715.00 Swabbers Columbia Safety 7 60.00 90.00 8 3,360.00 RT Lead Columbia Safety 1 60.00 90.00 10 660.00 RT Civilian Columbia Safety 8 55.00 82.50 8 3,520.00 Parking/Traffic Columbia Safety 1 50.00 75.00 8 400.00 Daily Cost - $8,915.00 Professional Services Agreement — Columbia Safety, LLC Pasco West CBC COVID Testing Site Page 17 of 17 Page 134 of 140 AGENDA REPORT FOR: City Council January 5, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 2/1/21 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: *Bid Award - Peanuts Park Construction I. REFERENCE(S): Bid Tab II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to award the bid for the Peanuts Park Remodel Construction project to Booth and Sons Construction, Inc., in the amount of $5,852,523.46, and further, authorize the City Manager to execute the agreement documents. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The renovation of Peanuts Park and the Pasco Farmers Market Pavilion is a major goal of the City Council. The project is funded from various sources; the bulk of the funding is through a HUD-CDBG Section 8 loan, however, two legislative direct appropriations from the State of Washington have also been secured, and supplemental funding from the City's General Fund. Because of the complexities in funding and accounting, as well as the visibility and unique nature communicationand the project, of coordination downtown with businesses and users, City staff project management capacity, and general import of the project, construction were management services deemed Page 135 of 140 essential for the project. In early 2020, the design of the proposed improvements were completed . On May 20, 2020, a single bid for construction was opened and later rejected due to conflicts between the bid construction cost and the engineer's estimate. Since that time, staff has worked with the project design team to further clarify design elements and specifications. V. DISCUSSION: A new call for bids was issued on November 6, 2020, with a formal bid opening held on January 12, 2021. The City received one bid from Booth and Sons Construction, Inc for the amount listed above. The bid, at submittal, was deemed acceptable and complete. Based upon the above, staff recommends award of bid to Booth and Sons Constructions, Inc. Page 136 of 140 Page 137 of 140 Page 138 of 140 Page 139 of 140 ‘E ,. Wm?kf ammo Page 140 of 140