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HomeMy WebLinkAbout2021.11.08 Council Workshop Packet AGENDA City Council Workshop Meeting 6:00 PM - Monday, November 8, 2021 City Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. To listen to the meeting via phone, call (213) 929-4212 and use access code 398-399-253. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. ITEMS FOR DISCUSSION 4 - 15 (a) Presentation - Tax Increment Financing Proposal Port of Pasco Presented by Randy Hayden, Executive Director for the Port of Pasco 16 - 114 (b) Resolution - Basin Disposal Inc. 2022 Proposed Rate Increase 115 - 152 (c) Capital Improvement Plan (CIP) 2021-2027 153 - 179 (d) Utility Rate Adjustments - Water and Sewer 180 - 221 (e) Resolution - Amendment to Mid Columbia Library Agreement 222 - 257 (f) PMC Amendments Increasing Residential Building Capacities - E2SHB 1923 Page 1 of 289 258 - 272 (g) Ordinance - Amending PMC Chapter 10.70 "Parking - Streets Restricted" 273 - 283 (h) Street Vacation - Vacating a Portion of East Pueblo Street (VAC 2021-003) 6. MISCELLANEOUS COUNCIL DISCUSSION 7. EXECUTIVE SESSION (a) Discussion with Legal Counsel About Current or Potential Litigation per RCW 42.30.110(1)(i) (10 minutes) (b) Discuss Collective Bargaining Units' Negotiations per RCW 42.30.140(4) (15 minutes) 8. ADJOURNMENT 9. ADDITIONAL NOTES 284 - 289 (a) Adopted 2020-2021 Council Goals (Reference Only) (b) REMINDERS • Monday, November 8, 11:45 AM: Pasco Chamber of Commerce Membership Lunch Meeting – Pasco Red Lion Hotel • Thursday, November 11, 7:00 PM: Ben Franklin Transit Board Meeting – Transit Facility (COUNCILMEMBER RUBEN ALVARADO, Rep.; COUNCILMEMBER ZAHRA ROACH, Alt.) • Monday, November 15, 6:00 PM: LEOFF Disability Board – City Hall Conference Room 1, Pasco City Hall (MAYOR SAUL MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be Page 2 of 289 provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 3 of 289 AGENDA REPORT FOR: City Council November 3, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 11/8/21 FROM: Rick White, Director Community & Economic Development SUBJECT: Presentation - Tax Increment Financing Proposal Port of Pasco I. REFERENCE(S): PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presented by Randy Hayden, Executive Director for the Port of Pasco III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Port of Pasco Executive Director Randy Hayden will provide the City Council with an overview of the uses and benefits of the recently adopted Tax Increment Financing (TIF) laws, and a Port TIF proposal to fund infrastructure relating to the recently announced Darigold plant in the expanded Urban Growth Area. V. DISCUSSION: Page 4 of 289 P o r t o f P a s c oP o r t o f P a s c oPublic Briefing October 28, 2021 Reimann Industrial Center Tax Increment Financing Page 5 of 289 P o r t o f P a s c oWhat is a TIF? •Tax Increment Financing (TIF) is a new economic development tool available to cities, counties and ports (ESHB 1189, 2021 Legislature) •A “TIF Area” is created to spur new private development, which will increase the assessed valuation of the project/site •Property taxes resulting from the increased assessed valuation in the TIF area funds infrastructure needed to attract the new development •School districts and state property taxes are NOT included in TIF collections •Current property owners do NOT pay into the TIF funded projects •Designed for a specific project/site (not “build infrastructure, development will follow”) •Must demonstrate that private development would not otherwise occur within the reasonably foreseeable future but for an investment in the infrastructurePage 6 of 289 P o r t o f P a s c oHow to Implement a TIF •City, county, or port adopts an ordinance designating the increment area, and identifying the public improvements to be financed, and if bonds will be issued •No more than two increment areas and they may not overlap •Increment areas may not total more than $200 million in assessed valuation, or more than 20% of the total assessed valuation of the jurisdiction creating the increment area, whichever is less •The local government may only receive TIF revenues for the identified infrastructure and only until the infrastructure is paid for •Excess TIF revenues are returned to taxing agencies as normal property taxes •Cannot add additional public improvements or change the boundary of the increment area once adopted •Must include a deadline by when construction of public improvements will begin •If the local government finances the public improvements, the increment area must be retired no more than 25 years after the adoption of the ordinance designating the increment areaPage 7 of 289 P o r t o f P a s c oReimann Industrial Center •300 Acres for New Industrial Park •Purchase Completed October 2019 •HAEIFC -$2,250,000 Port -$4,250,000 Total -$6,500,000 PIC395 Reimann Industrial Pasco Processing CenterPage 8 of 289 P o r t o f P a s c oDarigold •Darigold Plans New 550,000 SF Facility at Reimann •$500M Investment and 200 New Jobs + 350 Farm Jobs •Construction 2022, Open 2023 TIF Boundary 150 Acres TIF Area of 150 acres will be formed to pay for a portion of the needed public infrastructure to serve the Darigold sitePage 9 of 289 P o r t o f P a s c oTotal Infrastructure Costs Improvement Cost Connect to City Sanitary Sewer $2,582,187 Connect to City Domestic Water $5,101,626 N. Railroad Ave. Frontage $2,370,563 N. Railroad Ave. Non-Frontage $1,797,351 Fiber, Gas Line, and Telephone $2,173,751 Rail Spur Line -BNSF Switch to North of Southern Circle $6,071,309 TOTAL $20,096,787 Public Improvements Agency or Mechanism Amount Port of Pasco $ 2,500,000 Franklin County .09 Fund $ 1,300,000 State Direct Appropriation $ 7,500,000 State CERB Board $ 575,000 Local Tax Increment Financing $ 8,225,000* Total $ 20,100,000 Funding Sources *Debt Service for 20-Year Bond to Finance $8,225,000 is $552,513/yearThe City of Pasco is making other major system upgrades to support the project that are not included in this listPage 10 of 289 P o r t o f P a s c oPWRF PWRF Pipe, Pump 4,607,000 PWRF Storage Pond (100 MG)6,557,000 PWRF Buy-in Cost (1 time)1,000,000 PWRF Capital (IPS) -Annual 100,800 PWRF Annual O&M Cost 600,000 PWRF City Land Purchase -20 ac 500,000 Domestic Water Water Meter fee 8,500 Water Capital Expansion Fee 27,591 Water Front Footage Fee Waived Water Square Footage Fee 278,348 Water Rights Fee Transfer Sanitary Sewer Sewer DAFT Rental (1 Year)240,000 Sewer Hook Up Fee 4,000 Sewer Capital Expansion Fee 98,927 Sewer Front Footage Fee Waived Sewer Square Footage Fee 305,791 Sewer Pretreatment Facility 20,000,000* Other Utilities Franklin PUD Service Extension 725,000 PUD Relocate Shed Power ? Cascade Natural Gas Relocation 200,000 * From Darigold’s Consultant Darigold Infrastructure Costs Page 11 of 289 P o r t o f P a s c oAssessed Value Increase and Tax Collection Assumptions Agency 2021 Tax Levy Rate Annual Tax Increment for Assessed Value of: $200M $400M Port of Pasco 0.24382 $48,764 $97,528 Franklin County 1.10500 $221,000 $442,000 City of Pasco 1.68420 $336,840 $673,680 Veterans Relief, Mental Health Levy 0.03625 $7,250 $14,500 Total 3.06927 $613,854 $1,227,708 Assumed TIF CollectionsPage 12 of 289 P o r t o f P a s c oTIF Property Tax Allocation for $200M Increment Value Agency 2021 Tax Levy Rate Annual Property Tax Allocation Total TIF Project Excess Taxes Bond Amt to Agency* Port of Pasco 0.24382 $48,764 $43,891 $4,873 Franklin County 1.10500 $221,000 $198,916 $22,084 City of Pasco 1.68420 $336,840 $303,180 $33,660 Veterans Relief, Mental Health 0.03625 $7,250 $6,526 $724 Total 3.06927 $613,854 $552,513 $61,341ⱡ ⱡTIF Proceeds will also reimburse County Assessor and Treasurer for their costs estimated at $15k/yr *Other taxes to state and local agencies include: •Sales taxes •Payroll taxes •Utility taxes •School bonds and levy’sPage 13 of 289 P o r t o f P a s c oTIF Property Tax Allocation for $400M Increment Value Agency 2021 Tax Levy Rate Annual Property Tax Allocation Total TIF Project Excess Taxes Bond Amt to Agency Port of Pasco 0.24382 $97,528 $43,891 $53,637 Franklin County 1.10500 $442,000 $198,916 $243,084 City of Pasco 1.68420 $673,680 $303,180 $370,500 Veterans Relief, Mental Health 0.03625 $14,500 $6,526 $7,974 Total 3.06927 $1,227,708 $552,513 $675,195 Page 14 of 289 P o r t o f P a s c oRandy Hayden Executive Director Port of Pasco 509-547-3378 www.portofpasco.org THANK YOU!Page 15 of 289 AGENDA REPORT FOR: City Council October 27, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 11/8/21 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Basin Disposal Inc. 2022 Proposed Rate Increase I. REFERENCE(S): Resolution BDI Letter 7/29/2021 Solid Waste Agreement 11/16/2015 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: BDI is requesting City Council approval of a 4.04% increase in Solid Waste collection and disposal rates for 2022 for all customers within the City Service Area. IV. HISTORY AND FACTS BRIEF: Basin Disposal Inc. (BDI) has provided collection and disposal of the City's residential and commercial solid waste for many years. The current agreement with BDI, negotiated in 2015, is for a 15-year term with automatic 1-year extensions of the expiration date with each anniversary, unless notice of termination is provided per the provisions of the agreement. The agreement sets the terms and classes of service and provides the conditions for rate increases, which may occur annually. Basic rate adjustments are tied to the Consumer Price Index (CPI) (limited to 80% o f any increase) while other adjustments (i.e., tipping fees, disposal costs, etc.) due to outside vendors, may also be requested. The agreement includes an annual rate adjustment cap of five percent (5%). Page 16 of 289 V. DISCUSSION: Based on the terms of the BDI agreement, and also taking into account how these increases are calculated and distributed across each service area (commercial, residential, industrial). BDI is proposing an overall rate increase of 4.04% for a 96 gallon container, based on the following components: • The maximum allowable CPI adjustment of 80% of CPI, or 0.80 x 6%(CPI) = 4.8.% on activities other than solid waste disposal (tipping). • BDI has been notified that tipping fees for the disposal of solid waste will increase by 2.75% in 2022. • The weighted average of these two increases calculates out to the proposed 4.04% increase. With the proposed rate increase, the cost for a standard residential 96 -gallon container will increase from $21.60 per month to $22.49 per month. Per the contract BDI is the retail provider to the customer and is responsible for notification of the proposed rate adjustment. Council has typically appointed a sub -committee to meet with BDI officials to engage staff proposal, rate annual the deeper discussion is a in on recommending Council convene a sub-committee for that purpose. Page 17 of 289 Resolution – BDI Rate Increase - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON APPROVING A RATE INCREASE FOR SOLID WASTE COLLECTIONS AND DISPOSAL SERVICES BY BASIN DISPOSAL, INC. WHEREAS, the City of Pasco (City) and Basin Disposal, Inc. (BDI) entered into a Comprehensive Solid Waste Collection Agreement dated November 16, 2015 for the collection, transport and disposal of all Solid Waste, Household Hazardous Waste and other authorized materials commencing January 1, 2016; and WHEREAS, the Agreement term is fifteen years with an automatic one-year extension on each anniversary of the date of commencement; and WHEREAS, the Agreement affords BDI Annual Rate Adjustments based on 80% of the annual percentage increase in the Consumer Price Index (CPI) (All Urban Consumers; West Region, Size B/C) along with adjustments to Tipping Fees and Disposal Fees; and WHEREAS, with the CPI adjustment at 4.8%, a Tipping Fee increase of 2.75%, the overall proposed rate increase to commence on January 1, 2022 is 4.04%. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Hereby approves the Annual Rate Adjustment of 4.04% in accordance with the terms outlined in the 2015 Comprehensive Solid Waste Collection Agreement, attached hereto as Exhibit A and the Rate Schedule with the effective dates of January 1, 2022 through December 31, 2022, attached hereto as Exhibit B. PASSED by the City Council of the City of Pasco, Washington this ___ day of November, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 18 of 289 www.basindisposal.com P.O. Box 3850 Pasco, WA 99302-3850 Phone (509) 547-2476 Fax (509 547-8617 July 29, 2021 Steve Worley Public Works Director 525 N 3rd Ave 2nd Floor Pasco, WA 99301 Dear Mr. Worley: I hope this letter finds you in good health and spirits. It is time for the annual rate adjustment based on the (Consumer Pri ce Index) CPI. This year’s rate adjustment will also incorporate a Tip Fee increase from the Transfer Station, owned , and operated by Columbia Basin, LLC (CBLLC). Please consider this letter as a notification of the proposed CPI and Tip Fee adjustment scheduled for January 1, 2022. The contract specifies an Annual Rate Adjustment tied to the CPI (section 6.3.1 on page 20 of the Comprehensive Solid Waste Collection Agreement), based on 80% of the West Urban CPI, size class B/C. We are once again utilizing June data. The 12 - month percentage change is 6%; the adjustment factor is 4.8% (6% x .80 =4.8%) to be applied to the service component of all rates defined in the contract. We acknowledge that we are splitting the service and disposal component of the rates, and only the service component is being adjusted by the CPI. The average cost of disposal is 33.84%. The disposal component is being adjusted by the Tip Fee increase. The weighted average increase due to CPI is 3.18%. I am enclosing a copy of Exhibit C proposed rates along with a copy of the CPI sheet. The second portion of the year's rate adjustment comes from inc reased disposal expenses (Section 6.3.2 on page 20 of the Service Agreement), CBLLC has notified that the disposal rates for Solid Waste (MSW) have increased. MSW has increased from $53.26 per ton to $54.72 per ton, a 2.75% increase over the previous year. The average rate change due to the CPI adjustmen t and Tip Fee increase is 4.04%. We are most willing to meet with you for conversation on the topic of the rate adjustment and any other solid waste issues. Thank you for your attention in this matter, and please feel free to contact me at 509-544-7709, should you have any questions. I would also like to take the opportunity to thank you and the City Council of Pasco for allowing us to serve the Pasco City Residents. Sincerely, Francisco Alcala Sr. Financial Analyst Basin Disposal, Inc. Enclosures Page 19 of 289 Page 20 of 289 EXHIBIT C RATE SCHEDULE EFFECTIVE DATES 01/01/2022 through 12/31/2022 Page 21 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 1 of 2 Index of Items Item 5 – Application of Rates – Taxes ........................................................................................ 1 Item 40 – Material Requiring Special Equipment, Precautions, or Disposal ................................ 1 Item 45 – Material Requiring Special Testing and/or Analysis .................................................... 1 Item 50 – Returned Check Charges ........................................................................................... 1 Item 51 – Restart Fees ............................................................................................................... 2 Item 53 – Customer Prepayments .............................................................................................. 2 Item 70 – Return Trips ............................................................................................................... 3 Item 80 – Carryout Service ........................................................................................................ 3 Item 100 – Residential Monthly Rates ........................................................................................ 4 Charges and Rates................................................................................................................. 4 Item 150 – Units, Loose, and/or Bulky Material .......................................................................... 6 Item 160 – Time Rates ............................................................................................................... 7 Applying Time Rates .............................................................................................................. 7 Recording and Charging Rates............................................................................................... 8 Additional Disposal Fees ........................................................................................................ 8 Item 200 – Application of Container and/or Drop Box Rates – General ...................................... 8 Availability .............................................................................................................................. 8 Alternate-Sized Containers and/or Drop Box Containers ........................................................ 8 Disposal Fees for Alternate-Sized Drop Box Containers ......................................................... 8 Rates for Partially Filled Containers and/or Drop Box Containers ........................................... 8 Rates for Compacted Materials .............................................................................................. 8 Rates for Loose Material ........................................................................................................ 8 Permanent and Temporary Service ........................................................................................ 9 Item 205 – Roll-Out Charges and Gate Charges – Carts and Detachable Containers ................ 9 Charges for Carts and Containers .......................................................................................... 9 Item 207 – Excess Weight – Rejection of Load, Charges to Transport ....................................... 9 Weight Limits .......................................................................................................................... 9 Transporting Overfilled or Overweight Cart, Container, or Drop Box ......................................10 Item 210 – Washing and Sanitizing Carts, Containers, and Drop Boxes ...................................10 Item 230 – Disposal Fees .........................................................................................................11 Item 240 – Container Service – Non-Compacted – Company-Owned .......................................12 Non-Compacted Company-Owned Commercial Cart ............................................................12 Page 22 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 2 of 2 Permanent Service Rates for the City of Pasco .................................................................12 Temporary Service Rates ......................................................................................................12 Accessorial Charges ..............................................................................................................12 Non-Compacted Company-Owned Commercial Container ....................................................13 Permanent Service Rates ..................................................................................................13 Special Pickup Rates .............................................................................................................14 Temporary Service Rates ......................................................................................................14 Accessorial Charges ..............................................................................................................14 Item 255 – Container Service – Compacted – Customer-Owned ..............................................15 Permanent Service Rates ......................................................................................................15 Accessorial Charges ..............................................................................................................16 Item 260 – Drop Box Service – Non-Compacted – Company-Owned .......................................16 Permanent Service Rates for City of Pasco ...........................................................................16 Temporary Service Rates ......................................................................................................17 Accessorial Charges ..............................................................................................................17 Item 270 – Drop Box Service – Compacted – Customer-Owned ...............................................18 Permanent Service Rates ......................................................................................................18 Accessorial Charges ..............................................................................................................18 Page 23 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 1 of 19 Item 5 – Application of Rates – Taxes Taxing Entity Tax Description Amount of Tax Application (Commodities) City of Pasco 1 Pasco Utility Tax 8.50% Applicable Customers – Revenue State of Washington 2 WA Solid Waste Tax 3.60% Applicable Customers – Revenue Notes: 1) The City of Pasco Utility Tax of 8.5% is included in the rates defined within this Exhibit C. 2) The Washington State Solid Waste Tax will be applied as a line item to the rates defined within this Exhibit C. Item 40 – Material Requiring Special Equipment, Precautions, or Disposal Transportation of solid waste requiring special equipment or precautions in handling or disposal will be subject to Time Rates named in Item 160 – Time Rates, or to other specific rates contained in this Exhibit C. Contractor will make every effort to be aware of the commodities that require special handling at the disposal sites. The Contractor shall maintain a list of those commodities and make it available for public inspection at the Contractor's office. Item 45 – Material Requiring Special Testing and/or Analysis When the Contractor or disposal facility determines testing and/or analysis of solid waste is required to determine whether dangerous or prohibited substances are present, the actual cost for such testing and/or analysis will be paid by the Customer. At the Contractor's election, they may help provide the Customer with testing and/or analysis of the dangerous or prohibited substance. If the Contractor elects to help with the testing and analysis, these costs will be passed through to the Customer. Item 50 – Returned Check Charges If a Customer pays with a check and the Customer's bank refuses to honor that check, the Customer will be assessed a returned check charge in the amount of $39.52. Page 24 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 2 of 19 Item 51 – Restart Fees A restart fee will be assessed on all Customers whose service is discontinued for non-payment and who subsequently reinstate service. Type of Container Redelivery Component Restart Fee Component Total Restart Fee Cart: A restart fee will be assessed to Cart Customers whose service is suspended with Cart removed for non-payment 1 $12.43 $49.01 $61.44 Container: A restart fee will be assessed to Container Customers whose service is suspended with the Container removed for non-payment 1 $24.68 $49.01 $73.69 Drop Box Container: A restart fee will be assessed to Drop Box Container Customers whose service is suspended with the Drop Box Container removed for non-payment 1 $62.13 $49.01 $111.14 Drop Box Compactor: A restart fee will be assessed to Drop Box Compactor Customers whose service is suspended for non-payment 2 N/A $49.01 $49.01 Notes: 1) Restart fee includes cost of delivery. 2) Restart fee excludes the cost of delivery for both Drop Box Compactor Containers and small Container Compactors. Item 53 – Customer Prepayments A prepayment of $35.00 will be assessed to all first time (new) Residential Customers. The prepayment will be applied to the Customer's account in the event of non-payment, after one year of service, or be returned to the Customer upon termination of the residential service. See Item 100 – Residential Monthly Rates. A prepayment equal to the first month's cost of service will be assessed to all first time (new) Commercial Customers. The prepayment will be applied to the Customer's account in the event of non-payment, after one year of service, or be returned to the Customer upon termination of the commercial service. See Item 240 – Container Service – Non-Compacted – Company- Owned and Item 255 – Container Service – Compacted – Customer-Owned. A prepayment of $250.00 will be assessed to first time (new) Drop Box Customers. The prepayment will be applied to the Customer's account in the event of non-payment, after one Page 25 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 3 of 19 year of service, or be returned to the Customer upon termination of the Drop Box service. See Item 260 – Drop Box Service – Non-Compacted – Company-Owned and Item 270 – Drop Box Service – Compacted – Customer-Owned. A prepayment will be assessed for each temporary service at the time the Customer signs up for the temporary service. The prepayment will be applied to the Customer's account upon termination of the temporary service. See Item 240 – Container Service – Non-Compacted – Company-Owned and Item 260 – Drop Box Service – Non-Compacted – Company-Owned. Item 70 – Return Trips When the Contractor is required to make a return trip that does not require the special dispatch of a truck, to pick up material that was unavailable for collection for reasons under the control of the Customer, or if the Customer requests to have a Cart, Container, or Drop Box Container moved or relocated, the following additional charges, per pickup, will apply: Type of Container Rate Residential/Commercial Cart (64-Gallon and 96-Gallon) 1 $12.43 Detachable Container 1 $24.68 Drop Box Container 1 $62.13 Note: 1) Return trips requiring special dispatch of a truck are considered special pickups. See Item 100 – Residential Monthly Rates, Item 240 – Container Service – Non-Compacted – Company-Owned, Item 255 – Container Service – Compacted – Customer-Owned, Item 260 – Drop Box Service – Non-Compacted – Company-Owned, and Item 270 – Drop Box Service – Compacted – Customer-Owned. Item 80 – Carryout Service The following additional charges will apply when Customers request that Contractor personnel provide carryout service for Carts and/or Units not placed at the curb, the alley, or other point where the Contractor's vehicle can be driven to within five feet of the Carts and/or Units using improved access roads commonly available for public use. Driveways are not considered improved access roads commonly available for public use. Charge for Carryout Service 1 Rate Residential/Commercial Per Unit, Per Pick Up Carts/Units that must be carried out over 5 feet but not over 25 feet $3.67 Page 26 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 4 of 19 Charge for Carryout Service 1 Rate Residential/Commercial Per Unit, Per Pick Up For each additional 25 feet, or fraction of 25 feet, add $3.67 Note: 1) Carryout service is provided to disabled Residential Customers free of charge. Item 100 – Residential Monthly Rates Number of Units or Type of Residential Carts Frequency of Service Garbage Service Rate Recycle Service Rate Green Waste Service Rate (1) 64-Gallon Residential Cart (Senior/Low Income) Only WG $11.23 N/A N/A (1) 96-Gallon Residential Cart 1 WG $22.49 N/A N/A (1) Multi Family/Duplex 96-Gallon Residential Cart 1 WG $22.49 N/A N/A Each Additional 96-Gallon Residential Cart 1 WG $2.31 N/A N/A Frequency of Service Codes: WG=Weekly Garbage; N/A=Service is not currently available. Note: 1) Contractor's collection of solid waste placed outside of the 96-Gallon Residential Cart shall be at no additional cost unless the materials could reasonably have been placed in the Residential Cart. Each unit of solid waste not provided in this manner for collection shall be subject to the solid waste unit rates set forth in Item 150 – Units, Loose, and/or Bulky Material. Charges and Rates Type of Charge Rate Prepayment 1 $35.00 Restart Charge 2 $49.01 Additional Pickup 64-Gallon 4 (Senior/Low Income/Disabled only) $2.59 Additional Pickup 96-Gallon 4 $5.19 Special Pickup 64-Gallon 4 (Senior/Low Income) $15.02 Page 27 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 5 of 19 Type of Charge Rate Special Pickup 96-Gallon 4 $17.62 Return Trip Charge 5 $12.43 Returned Check Charge 6 $39.52 Carryout Service 7 (per Cart, per pick up, up to 25 feet) $3.67 Replacement Cart Charge 8 $94.06 Freon Discharge Fee (appliances containing freon) 9 $69.40 Passenger Tire Charge 10 Item 150 Passenger Tire with Rim Charge 10 Item 150 Notes: 1) A prepayment charge of $35.00 will be assessed to a first time (new) Residential Customer. The prepayment will be applied to the Customer's account in the event of non-payment, after one year of service, or be returned to the Customer upon termination of the residential service. See Item 53 – Customer Prepayments. 2) A restart charge of $61.44 will be assessed on all Residential Customers whose service is discontinued for non-payment and who subsequently reinstate services. See Item 51 – Restart Fees. 3) Contractor's collection of Solid Waste placed outside of the 96-gallon Residential Cart shall be at no additional cost unless the materials could reasonably have been placed in the Residential Cart. Each Unit of Solid Waste not provided in this manner for collection shall be subject to the Solid Waste Unit rates set forth on Item 150 – Units, Loose, and/or Bulky Material. 4) A special pickup is the total of each additional pickup rate plus Item 70 – Return Trips. Additional pickup is calculated by taking weekly service and dividing by 4.33. 5) If the Customer requests the Contractor to make a return trip due to no fault of Contractor, Contractor shall be permitted to charge the Customer a return trip charge. See Item 70 – Return Trips. 6) If a Customer pays with a check and the Customer’s bank refuses to honor that check, the Customer will be assessed a returned check charge. See Item 50 – Returned Check Charges. 7) Additional charges will apply when Customers request that Contractor provide carryout services. See Item 80 – Carryout Service. 8) If a particular Customer repeatedly damages a Residential Cart or requests more than one replacement Residential Cart during the term of the Contract due solely to that Customer’s negligence or intentional misuse, the Contractor may charge the Customer a replacement cart charge. If Customer does not return the Residential Cart upon Page 28 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 6 of 19 termination, or service is shut off for non-payment and they refuse to surrender the Residential Cart, a replacement cart charge will be charged. 9) If a Customer requests Contractor to pick up any appliance that contains freon, the Customer will be charged a freon discharge fee. See Item 150 – Units, Loose, and/or Bulky Material. 10) A Residential Customer is entitled to have four passenger tires collected and disposed of from the Residential Customer’s private automobile only. In the event Contractor believes that a Residential Customer is attempting to dispose of quantities of passenger tires more than what a typical Residential Customer would generate, Contractor shall require Customer to pay rates provisioned in Item 150 – Units, Loose, and/or Bulky Material. Residential service does not include the collection and disposal of truck, semi or tractor tires. Item 150 – Units, Loose, and/or Bulky Material Description Rate Minimum Charge Per Pickup Residential Commercial Rate Per Residential Commercial Solid Waste Unit 1, 2 $1.82 $4.62 unit $1.82 $4.62 Bulky Materials 1, 3 $8.43 $17.26 cubic yard $8.43 $17.26 Appliances without freon, furniture Items 4 $0.00 $16.56 item N/A $16.56 Freon Discharge Fee 4 $69.40 $90.53 item $69.40 $90.53 Passenger Tires 5 $4.44 $5.80 item $4.44 $5.80 Passenger Tires with Rims 5 $8.25 $10.77 item $8.25 $10.77 Truck Tires $5.71 $7.45 item $5.71 $7.45 Truck Tires with Rims $9.52 $12.42 item $9.52 $12.42 Semi Tires $12.64 $16.48 item $12.64 $16.48 Semi Tires with Rims $16.45 $21.45 item $16.45 $21.45 Page 29 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 7 of 19 Notes: 1) Solid waste units and bulky materials charges for Residential Customers only apply when items are not properly contained for collection as defined in the relevant section of the Agreement. See Notes 2 and 3 for definition of sizes and containment of solid waste units and bulky material. 2) A solid waste unit is defined in the Comprehensive Solid Waste Agreement, but generally means any individual receptacle, can, plastic bag, cart, box, carton, or other container that does not hold more than 32 gallons, or 4 cubic feet of solid waste, and which does not weight more than 65 pounds when filled. 3) Bulky material means bags, boxes, bundles; or empty carriers, cartons, crates, or materials offered for disposal all of which may be readily handled without shoveling (not loose, uncontained materials). Individual items shall not exceed two feet by two feet by five feet (2' x 2' x 5') in dimension, and not weigh more than 65 pounds. 4) Residential Customers may dispose of refrigerators, freezers, or other appliances containing freon with a fee sufficient to cover the Contractor’s cost of properly abating the freon components pursuant to applicable law, or such appliances without a fee if they do not contain freon and the Residential Customer submits to the Contractor proper certification of professional evacuation of such freon components. 5) In the event Contractor believes that a Residential Customer is attempting to dispose of quantities of passenger tires more than what a typical Residential Customer would generate, Contractor shall require Customer to pay rates provisioned in Item 150 – Units, Loose, and/or Bulky Material. Item 160 – Time Rates Type of Equipment ordered Rate Per Hour Truck and Driver Each Extra Person Minimum Charge Single rear drive axle $70.22 $53.65 $53.65 Tandem rear drive axle $107.30 $53.65 $53.65 Applying Time Rates Time Rates named in this item apply in the following situations: a) Material must be taken to a special site for disposal. b) Contractor's equipment must wait at, or return to, a Customer's site to provide scheduled service due to no disability, fault, or negligence on the part of the Contractor. Actual waiting time or time taken in returning to the site will be charged for. c) Customer orders a single, special, or emergency pickup, or when other items in this Exhibit C refer to Item 160 – Time Rates. Page 30 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 8 of 19 Recording and Charging Rates Time must be recorded and charged to the nearest increment of 15 minutes. Time rates apply for the period from the time the Contractor's vehicle leaves the terminal, until it returns to the terminal, or when it leaves its pre-scheduled route and drives towards the Customer's site, excluding interruptions. An interruption is a situation causing stoppage of service that is in the control of the company and not in the control of the Customer. Examples include work breaks, breakdown of equipment, and similar occurrences. Additional Disposal Fees Disposal site or facility use may apply additional fees as described in Item 230 – Disposal Fees in addition to time rates. Item 200 – Application of Container and/or Drop Box Rates – General Availability Contractor must maintain a supply of all sizes of Containers and Drop Box Containers for which rates are listed in this Exhibit C. If a Customer requests a Container or Drop Box Container of a size listed in the Contractor's Exhibit C, and the Contractor is unable to provide the requested size within 7 days of the Customer request, the Customer must be notified in writing or by telephone. Alternate-Sized Containers and/or Drop Box Containers If the Contractor cannot provide the requested size Container or Drop Box Container (and that size is listed in this Exhibit C), the Contractor must provide alternate-sized Containers or Drop Box Containers, sufficient to meet the capacity originally requested by the Customer, at the same rates as would have applied for the requested Container or Drop Box Container. Disposal Fees for Alternate-Sized Drop Box Containers If the Contractor provides alternate-sized Drop Box Containers, the Customer is responsible for all applicable disposal fees resulting from the use of the alternate Drop Box Containers. Rates for Partially Filled Containers and/or Drop Box Containers Full pickup and rental rates apply regardless of the amount of waste material in the Container or Drop Box Container at pick up time. Rates for Compacted Materials Rates for compacted material apply only when the material has been compacted before it is picked up by the Contractor. Rates for Loose Material Loose material dumped into the Contractor's packer truck is subject to the rates for non-compacted material even though the material may be compacted later in the packer truck. Page 31 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 9 of 19 Permanent and Temporary Service The following rules apply: a) If a Customer requests a Container or Drop Box Container for less than 90 days, the Customer will be billed at temporary service rates. b) If a temporary service Customer notifies the Contractor that it has decided to retain the Container or Drop Box Container for more than 90 days, permanent service rates will be assessed from the 91st day until the end of the period the Customer retains the Container or Drop Box Container. c) If a Customer requests a Container or Drop Box Container for more than 90 days, the Customer will be billed under permanent rates. If that Customer cancels service before the end of the 90-day period, the Contractor may not rebill the Customer at temporary service rates. The intent of the Customer at the time service was requested applies. Item 205 – Roll-Out Charges and Gate Charges – Carts and Detachable Containers Charges for Carts and Containers The Contractor will assess roll-out charges where, due to circumstances outside of the control of the Contractor, the Contractor is required to move the Cart or Container more than ten (10) feet, but less than twenty (20) feet, to reach the truck. The Contractor will assess a gate charge where the driver is required to unlock a container or locking bar, open and/or unlock an enclosure, or open a gate to access a Cart or Container. Charge Type Rate Unit Roll-Out Cart $3.67 per Cart, per pickup Roll-Out Container $3.67 per Container, per pickup Gate Charge $3.67 per pickup Item 207 – Excess Weight – Rejection of Load, Charges to Transport Weight Limits The Contractor reserves the right to reject pick up of any Container, Stationary Packer, or Drop Box Container which, upon reasonable inspection: 1) Appears to be overloaded. 2) Would cause applicable vehicle load limitations to be exceeded. 3) Would cause the company to violate load limitations or result in unsafe vehicle operation. Page 32 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 10 of 19 4) Would negatively impact or otherwise damage road surface integrity. 5) Contains anything that appears not to be Municipal Solid Waste (MSW) or could do damage to the vehicle. For the purposes of this Exhibit C, the following maximum weights apply: Type/Size of Container, Drop Box, or Cart Maximum Weight Allowance per Receptacle (in pounds) Carts – 64-Gallon 120 pounds Carts – 96-Gallon 180 pounds Detachable Containers – 1.5 to 8 cu yds 1,200 pounds Drop Boxes – All Sizes 20,000 pounds Transporting Overfilled or Overweight Cart, Container, or Drop Box If the Cart, Container, or Drop Box Container exceeds the limits stated above, is filled beyond the marked fill line, or the top is unable to be closed, but the Contractor transports the materials, the following additional charges will apply. Type/Size of Container, Drop Box, or Cart Charge Unit Carts – All Sizes $5.82 per pickup Detachable Non-Compact Containers – 1.5 to 8 cu yds $17.26 per yard Detachable Compact Containers – 1.5 to 8 cu yds $34.50 per yard Drop Box Containers – All Sizes 1 $59.80 per ton Note: 1) If a Drop Box Container is hauled and the weight exceeds the legal limit identified in Item 207 – Excess Weight – Rejection of Load, Charges to Transport, the Contractor will assess an additional charge per ton for any weight over the limit. See Item 230 – Disposal Fees. Item 210 – Washing and Sanitizing Carts, Containers, and Drop Boxes Upon Customer request, the Contractor will provide washing and sanitizing service at the following rates: Page 33 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 11 of 19 Size or Type of Container or Drop Box Delivery Fee Component Steam Clean Component Total Steam Clean Charge Steam Cleaning – Residential Cart 2 Item 100 Item 100 Item 100 Steam Cleaning – Detachable Container 1 $24.68 $21.07 $45.75 Steam Cleaning – Drop Box 1 $62.13 $51.38 $113.51 Note: 1) At Customer request, Contractor shall clean Detachable Containers and Drop Box Containers at no additional cost, not more often than once per year. If Customer requests to have Detachable Container or Drop Box Container cleaned more often than once per year, Item 210 – Washing and Sanitizing Carts, Containers, and Drop Boxes rates will apply. The rate for washing and sanitizing Detachable Containers and Drop Box Containers includes the fee for delivering the newly cleaned Detachable Container or Drop Box Container back to the Customer's location. 2) See Item 100 – Residential Monthly Rates. Item 230 – Disposal Fees Charges herein apply when other items in this Exhibit C specifically refer to this Item 230 – Disposal Fees. Type of Material Disposal Fee Municipal Solid Waste 1, 2 $59.80 Green Waste 3 N/A Commingled Recycle 3 N/A Notes: 1) The disposal fee includes the Pasco Utility Tax of 8.5% 2) Disposal fees for MSW apply to Item 207 – Excess Weight – Rejection of Load, Charges to Transport, Item 260 – Drop Box Service – Non-Compacted – Company-Owned, Item 270 – Drop Box Service – Compacted – Customer-Owned, and possibly Item 150 – Units, Loose, and/or Bulky Material, if the material can reasonably be weighed. 3) Disposal fees for Green Waste and Commingled Recycle materials are only applicable if specifically authorized by the Agreement. During the effective dates of this Exhibit C, disposal fees for green waste and commingled recycle are not authorized by the Agreement. Page 34 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 12 of 19 Item 240 – Container Service – Non-Compacted – Company-Owned Non-Compacted Company-Owned Commercial Cart Permanent Service Rates for the City of Pasco Permanent Service 1, 2, 3 64-Gallon Cart 96-Gallon Cart Pickup - one time per week $26.45 $48.94 Pickup - two times per week $52.90 $97.88 Special Pickups 4 $18.54 $23.73 Additional Pickup 4 $6.11 $11.30 Return Trip Charge 5 $12.43 $12.43 Restart Charge 6 $111.14 $49.01 Prepayment 3 $250.00 $250.00 Temporary Service Rates Temporary Service 64-Gallon Cart 96-Gallon Cart Delivery $12.43 $12.43 Per Pick Up Rate $8.54 $15.82 Rent Per Calendar Day $6.51 $6.51 Prepayment 8 $35.00 $35.00 Accessorial Charges Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc. a) A gate charge will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gate to access a Cart or Container. See Item 205 – Roll-Out Charges and Gate Charges – Carts and Detachable Containers. b) Additional charges will apply when a Customer requests that Contractor provide Carryout Service. See Item 80 – Carryout Service. Notes: 1) Rates are stated per Commercial Cart, per month. 2) Permanent service is defined as no less than scheduled, every week pickup. Customer will be charged for service requested, even if fewer Containers are serviced on a particular trip. No credit will be given for partially filled Containers. Page 35 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 13 of 19 3) Permanent Service: A prepayment will be assessed to all first time (new) Commercial Customers. The prepayment will be applied to the Customer's account in the event of non-payment, after one year of service, or be returned to the Customer upon termination of the commercial service. 4) A Special Pickup requires the special dispatch of a truck and is the total of each Additional Pickup rate plus a Return Trip charge. See Item 70 – Return Trips. Additional pickup is calculated by taking weekly service rate and dividing by 4.33. 5) If the Customer requests the Contractor to make a Return Trip due to no fault of Contractor, the Return Trip charge shall apply. See Item 70 – Return Trips. 6) Restart subject to Item 51 – Restart Fees. 7) Additional charges will apply when a Customer requests that Contractor provide carry-out services. See Item 80 – Carryout Service. 8) A prepayment will be assessed to all Customers requesting temporary service carts. 9) Temporary service shall apply for all service requests that do not exceed ninety (90) consecutive days in any calendar year. If the Customer requires a Cart for a longer period, the Contractor may require the Customer to select the appropriate commercial service plan. 10) The prepayment will be applied to the Customer's account upon termination of the temporary service as a credit against amounts owed to the Contractor. 11) If a Customer requests Contractor to pick up any appliance that contains freon, the Customer will be charged a freon discharge fee. See Item 150 – Units, Loose, and/or Bulky Material. Non-Compacted Company-Owned Commercial Container Non-compacted material rates are stated per Commercial Container per month within the city of Pasco. Permanent Service Rates Permanent Service 1 ,2 Size or Type of Container 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Pickup - One Time per Week $134.10 $158.48 $182.86 $225.52 $286.49 $365.73 Pickup - Two Times per Week $258.45 $304.77 $353.52 $444.97 $566.86 $713.16 Pickup - Three Times per Week $390.11 $457.16 $530.30 $658.31 $841.18 $1,072.79 Pickup – Four Times per Week $518.12 $603.45 $694.87 $859.47 $1,109.37 $1,401.95 Page 36 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 14 of 19 Permanent Service 1 ,2 Size or Type of Container 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Pickup – Five Times per Week $633.93 $743.64 $859.47 $1,060.60 $1,389.76 $1,737.18 Special Pickup Rates Service Size or Type of Container 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Special Pickups 4 $55.65 $61.28 $66.91 $76.76 $90.84 $109.14 Return Trip Charge $24.68 $24.68 $24.68 $24.68 $24.68 $24.68 Additional Pickup $30.97 $36.60 $42.23 $52.08 $66.16 $84.46 Restart Charge 5 $49.01 $49.01 $49.01 $49.01 $49.01 $49.01 Temporary Service Rates Temporary Service Size or Type of Container 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Delivery N/A N/A $24.68 $24.68 $24.68 $24.68 Pickup Rate N/A N/A $67.35 $79.53 $97.83 $122.22 Rent Per Calendar Day N/A N/A $6.51 $6.51 $6.51 $6.51 Prepayment 3 N/A N/A $125.00 $125.00 $125.00 $125.00 Accessorial Charges Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc. a) A gate charge will be assessed on each pick-up where the driver is required to unlock a container, locking bar, enclosure or open a gate to access a Cart or Container. See Item 205 – Roll-Out Charges and Gate Charges – Carts and Detachable Containers. b) A return trip charge will be assessed when the Contractor is required to make a return trip that does not require the special dispatch of a truck, to pick up a Cart, Container, or solid waste material or unit(s) that was unavailable for collection for reasons under the control of the Customer. See Item 70 – Return Trips. c) If Customer requires a Locking Container, a one-time fee of $107.30 will be assessed. Page 37 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 15 of 19 Notes: 1) Permanent service is defined as no less than scheduled, every week pickup. Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially filled containers. 2) A prepayment is equal to the first month's cost of service and will be assessed to all first time (new) Commercial Customers. The prepayment will be applied to the Customer's account in the event of non-payment, after one year of service, or be returned to the Customer upon termination of the Commercial Service. See Item 240 – Container Service – Non-Compacted – Company-Owned and Item 255 – Container Service – Compacted – Customer-Owned. 3) A prepayment will be assessed to all Commercial Customers requesting temporary service Containers. The Prepayment will be applied to the Commercial Customer's account upon termination of the temporary service as a credit against amounts owed to the Contractor. 4) The special pickup rate is the total of each additional pickup rate plus return trip fee. See Item 70 – Return Trips 5) Restart subject to Item 51 – Restart Fees. 6) If a Customer requests Contractor to pick up any appliance that contains freon, the Customer will be charged a freon discharge fee. See Item 150 – Units, Loose, and/or Bulky Material. Item 255 – Container Service – Compacted – Customer-Owned Compacted Material Rates are stated per Detachable Container, per month within the City of Pasco. Permanent Service Rates Permanent Service 1 Size or Type of Container 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Pickup – One Time per Week $207.67 $250.35 $305.20 $396.64 N/A Pickup – Two Times per Week $415.34 $500.70 $610.40 $793.28 N/A Special Pickups 2 $72.64 $82.50 $95.16 $116.28 N/A Additional Pickup $47.96 $57.82 $70.48 $91.60 N/A Return Trip Charge $24.68 $24.68 $24.68 $24.68 N/A Page 38 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 16 of 19 Permanent Service 1 Size or Type of Container 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Restart Charge 3 $49.01 $49.01 $49.01 $49.01 N/A Accessorial Charges Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc. a) A gate charge will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gate to access a Cart or Container. See Item 205 – Roll-Out Charges and Gate Charges – Carts and Detachable Containers. b) A return trip charge will be assessed when the company driver is required to make a return trip that does not require the special dispatch of a truck, to pick up a Cart or material that was unavailable for collection for reasons under the control of the Customer. See Item 70 – Return Trips. c) A disconnect/reconnect fee of $3.66 per pickup will be assessed when Containers are attached to a compactor that requires disconnecting or reconnecting. Notes: 1) Permanent service is defined as no less than scheduled, every week pickup. Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially filled containers. 2) Special pickup is the total of each additional pickup rate plus Item 70 – Return Trips. 3) Service restart subject restart fees. See Item 51 – Restart Fees. 4) If a Customer requests Contractor to pick up any appliance that contains freon, the Customer will be charged a freon discharge fee. See Item 150 – Units, Loose, and/or Bulky Material. Item 260 – Drop Box Service – Non-Compacted – Company-Owned Non-Compacted Material Rates are stated per Drop Box, per pick-up. 1 Permanent Service Rates for City of Pasco Permanent Service 2 Size or Type of Container 11 and 15 Yard 20 Yard 30 Yard 40 Yard 50 Yard Delivery Charge $62.13 $62.13 $62.13 $62.13 $62.13 Haul Charge $158.13 $163.78 $169.42 $180.72 $192.01 Trip Charge $62.13 $62.13 $62.13 $62.13 $62.13 Page 39 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 17 of 19 Permanent Service 2 Size or Type of Container 11 and 15 Yard 20 Yard 30 Yard 40 Yard 50 Yard Restart fee 5 $49.01 $49.01 $49.01 $49.01 $49.01 Prepayment 7 $250.00 $250.00 $250.00 $250.00 $250.00 Minimum Monthly Charge 3 $158.13 $163.78 $169.42 $180.72 $192.01 Mileage Charge 6 $3.66/mile Temporary Service Rates Temporary Service 4 Size or Type of Container 11 and 15 Yard 20 Yard 30 Yard 40 Yard 50 Yard Delivery Charge $62.13 $62.13 $62.13 $62.13 $62.13 Haul Charge $158.41 $164.04 $169.69 $180.99 $192.29 Trip Charge $62.13 $62.13 $62.13 $62.13 $62.13 Daily Rental Charge $8.47 $8.47 $8.47 $8.47 $8.47 Prepayment 7 $250.00 $250.00 $250.00 $250.00 $250.00 Mileage Charge 6 $3.66/mile Accessorial Charges Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc. a) A gate charge will be assessed on each pick up where the driver is required to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container. See Item 205 – Roll-Out Charges and Gate Charges – Carts and Detachable Containers. b) A trip charge will be assessed when the company driver makes a trip to the Customer's location, but due to reasons under the control of the Customer, was not able to complete the haul. See Item 70 – Return Trips. Notes: 1) Rates in this item are subject to disposal fees named in Item 150 – Units, Loose, and/or Bulky Material, Item 207 – Excess Weight – Rejection of Load, Charges to Transport, and Item 230 – Disposal Fees. 2) Permanent service means Drop Box service provided at Customer's request for more than 90 days. Page 40 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 18 of 19 3) For permanent service accounts, if a Drop Box is retained by a Customer for a full month and no pickups are ordered, a minimum monthly rent charge will be assessed. 4) Temporary service means providing Drop Box service at the Customer's request, for a period of 90 days or less. 5) Restart subject to Item 51 – Restart Fees. 6) Rates named in this item apply for all hauls within the city limits of Pasco, to the disposal site. Any miles driven outside the city limits of Pasco will be charged at $3.66 per mile. Mileage charge is in addition to all regular charges. 7) A prepayment will be assessed on permanent and temporary service accounts as noted above. The prepayment will be applied to the Customer's account in the event of non- payment or be returned to the Customer upon termination of service. For permanent Drop Boxes, the prepayment will be applied to Customer account upon termination or after one year. 8) If a Customer requests Contractor to pick up any appliance that contains freon, the Customer will be charged a freon discharge fee. See Item 150 – Units, Loose, and/or Bulky Material. Item 270 – Drop Box Service – Compacted – Customer-Owned Compacted material rates are stated per Drop Box, per pickup for the city of Pasco service area. Permanent Service Rates Permanent Service Size or Type of Container 11 and 15 Yard 20 and 25 Yard 30 and 35 Yard 40 Yard Delivery Charge N/A N/A N/A N/A Haul Charge $194.94 $194.94 $194.94 $194.94 Trip Charge $62.13 $62.13 $62.13 $62.13 Prepayment 3 $250.00 $250.00 $250.00 $250.00 Restart Charge 2 $49.01 $49.01 $49.01 $49.01 Mileage Charge $3.66/mile Accessorial Charges Accessorial charges include charges for lids, unlocking cart, unlatching cart, etc. Page 41 of 289 Exhibit C, Effective 01-01-2022 through 12-31-2022 Page 19 of 19 a) A gate charge will be assessed on each pick up where the driver is required to unlock a container, locking bar, enclosure or open a gate to access a Cart or Container. See Item 205 – Roll-Out Charges and Gate Charges – Carts and Detachable Containers. b) A Compactor disconnect/reconnect charge of $3.66 per haul will be assessed when Drop Boxes with compactors require connecting or disconnecting. c) A trip charge will be assessed when the company driver makes a trip to the Customer's location, but due to reasons under the control of the Customer, was not able to complete the haul. See Item 70 – Return Trips. d) A turn around charge of $33.87 per haul will be assessed when company driver must turn the Drop Box around to empty and/or re-connect the Drop Box. e) Rates named in this item apply for all hauls within the city limits of Pasco, to the disposal site. Any miles driven outside the city limits of Pasco will be charged $3.66 per mile. Mileage charge is in addition to all regular charges. Notes: 1) Rates in this item are subject to disposal fees named in Item 230 – Disposal Fees. 2) Restart subject to Item 51 – Restart Fees. 3) A prepayment will be assessed on all (new) Drop Box Compactor service accounts as noted above. The prepayment will be applied to the Customer's account in the event of non-payment or be returned to the Customer after one year. 4) If a Customer requests Contractor to pick up any appliance that contains freon, the Customer will be charged a freon discharge fee. See Item 150 – Units, Loose, and/or Bulky Material. Page 42 of 289 COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT City of Pasco and Basin Disposal,Inc. November 16,2015 Page 43 of 289 Table of Contents RECITALS,AGREEMENT,DEFINITIONS ............................................................... ... ..1 AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT ..............1 TERM;AUTOMATIC EXTENSIONS ...................................................................... ...... ..1 3.1. 3.2.Automatic Extensions ............................................................... ....................... .. SCOPE OF WORK ................................................................. .......................................... ..2 4.1.General Terms and Conditions ................................................................... ..... ..2 4.2.City Service Area .......................................................... ................................... ..2 4.3.Sole and Exclusive Solid Waste Service Provider ...2 4.4.Annexation .............................................................. ......................................... ..3 4.5.Unsafe Conditions at Pick-Up Locations ...........................................................4 4.6.Hours/Days of Operation ............................................................. .................... ..4 4.7.Employee Conduct .................................................................. ......................... ..4 4.8.Disabled Persons Service.......5 4.9.Holiday Schedules .................................................................. ......................... ..5 4.10.Inclement Weather and Other Service Disruptions ...........................................5 4.11.Suspending Collection from Problem Customers ..............................................5 4.12.Missed Collections .................................................................. ......................... ..6 4.13.Schedule of Solid Waste Collection .............. 4.14.Required Equipment and Signs on Vehicles;Maintenance of Vehicles and Equipment ............................................... 4.15.Residential Carts and Containers Inventory ......................................................7 4.16.Ownership of Equipment ......................................................................... ........ ..7 4.17.Spillage ................................................................. ........................................... ..7 4.18.Disruption Due to Construction .................................................................. ..... ..7 4.19.Site Planning Assistance ............................8 4.20.Safeguarding Public and Private Property .........................................................8 4.21.Company Name .......................................................... ..................................... ..8 4.22.Coordination between City and Contractor .......................................................8 4.23.Disposal Restrictions and Requirements ...........................................................9 4.24.Disposal Site for Solid Waste .................9 4.25.Adjustment of Service Level for Certain Customers .........................................9 Comprehensive Solid Waste Collection Agreement Page ii Page 44 of 289 4.26.Violation of Ordinance .............................................................. ...................... ..9 4.27.Public Information .................................................................. ......................... ..9 4.28.Compaction of Solid Waste ...................................................................... ..... ..l0 SOLID WASTE SERVICE .................................................................... ........................ ..10 5.1 .Residential Service .................................................................. ....................... ..10 5.1 .1.Residential Customer Solid Waste Service ......................................................10 5.1.2.Residential Carts .................................................................... ........................ ..10 5.1.3.Senior,Low Income Discount .....1l 5.1.4.Household Hazardous Waste Program ............................................................13 5 .2.Commercial Service .............................................................................. ......... ..13 5.2.1.Commercial Customer Solid Waste Service ....................................................13 5.2.2.Commercial Containers .......................................................................... ....... ..14 5.2.2.1 Container Types .................................................................... ......................... ..14 5.2.2.2.General Terms and Conditions Applicable to Commercial Containers ...........14 5.2.2.3.Additional Fees ..................................................................... ........ ......15 5.2.2.4.Customer-Owned Drop-Box Containers ..........................................................15 5.3.Temporary Solid Waste Service Plans .............................................................16 5.4.Solid Waste Service to City Properties and Facilities .....................................16 5.5.Recyclable Materials and Green Waste ...........................................................17 5.6.Miscellaneous Solid Waste Services ...............................................................17 5.7.Customer Service 18 5.7.1.Customer Service Of?ce .........................................18 5.7.2.Complaints ......................................................................... ............................ ..18 5.7.3.Emergency Contact ............................................................................... ......... ..19 5.8.Reports ............................................................................ ............................... ..l9 COMPENSATION ............................................................................ ............................. ..19 6.1.Basis for Determination of Solid Waste Service Rates ...................................l9 6.2.Compensation for Solid Waste Services .................19 6.3.Adjustment to Solid Waste Service Rates .......................................................20 6.3.1.Annual Rate Adjustment ............................................................. ................... ..20 6.3.2.Adjustments to Tipping Fees and Disposal Fees .............................................20 6.3.3.Fuel Expense Adjustments ........................................................... .................. ..21 6.3.4.Annual Rate Adjustment Cap .................................................................... .... ..21 6.3.5.Solid Waste Disposal Cost Adjustment ...........................................................22 Comprehensive Solid Waste Collection Agreement Page iii Page 45 of 289 10. 6.3.6.Tax Additive ..................................................... ............ .....22 6.3.7.Other Modi?cations ........................................... ........................................... . .. 6.3.8.Changes in Impositions or Other Laws ......................................... ................. ..23 6.3 .9.Termination by Contractor ....................................... ...................................... ..23 6.4.Billing for Solid Waste Services;Delinquent Accounts ..................................23 6.5.Delinquent Accounts and other Customer Defaults....... PERFORMANCE FEES,DEFAULT AND REMEDIES .......................................... .... .. 7.1.Performance Fees ............................................ ............................................ ... ..24 7.2.Default and Remedies .......................................... .......................................... ..25 NOTICES ............................................. ............................................. .............................. ..25 INSURANCE AND BOND REQUIREMENTS..26 9.1.General Insurance Requirement ......................................... ............................ ..26 9.2.Minimum Scope of Insurance .......................................... .............................. ..26 9.3.Minimum Amounts of Insurance ........................................ ........................... ..26 9.4.Deductibles and Self-Insured Retentions ........................................ ............... ..27 9.5.Other Insurance Provisions ............................. 9.6.Acceptability of Insurers .............................................. .................................. .. 9.7.Verification of Coverage ........................................ ........................................ ..27 9.8.Subcontractors.......................................... .......................................... ............ ..27 9.9.Performance Bond/Surety.. GENERAL TERMS ........................................................ .......... .. 10.1.Indemni?cation.............................................. .............................................. .. .. 10.1.1.Indemnify and Hold Harmless .......................................... ............................. ..28 10.1.2.Notice to Contractor;Defense .......................................... ............................. ..28 10.1.3.Industrial Insurance Immunity Waiver 10.2.Transfer of the Contract ......................................... ............................. .. 10.2.1.Assignments,Subcontracts and Delegations ...................................... ........... ..29 10.2.2.Changes in Control ............................................ ............................................ ..29 10.3.Legal .......................................... .......................................... .......................... ..30 10.3.1 Laws to GovemNenue 10.3.2 Attorney Fees .......................................... .......................................... ............. ..30 10.3.3 Arbitration ............................................ ............................................ .............. ..30 10.4.Compliance With Laws ............................................... ................................... ..30 10.5.Non-Discrimination........................................... ........................................... . ..30 Comprehensive Solid Waste Collection Agreement Page iv Page 46 of 289 10.6. 10.7. 10.8. 10.9. 10.10. 10.10.] 10.10.2 10.11. 10.12. 10.13. Permits and Licenses..............................31 Relationship of Parties ........................31 Bankruptcy ....................................................................................... .............. ..31 Right to Renegotiate or Amend .................................................................. ... ..31 Force Majeure .................................................................................... ............ ,.32 Force Majeure Events ............................................................................ ........ ..31 Force Majeure Occurrences of Non-Default ....................................................32 Illegal Provisions/Severability ........................................................ ............... ..32 ....32 Entirety ........................................................................................... ................ ..33 Comprehensive Solid Waste Collection Agreement Page V Page 47 of 289 COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT This Comprehensive Solid Waste Collection Agreement (“Agreement”)is made and entered into this 16 day of November,2015 (“Effective Date”),by and between the City of Pasco,a Washington municipal corporation (the “City”),and Basin Disposal,Inc.,a Washington corporation (“Contractor”). RECITALS A.Contractor desires to provide,and has the experience,resources and expertise necessary,to perform solid waste collection services. B.Contractor currently provides solid waste collection service to the City under an agreement executed on March 15,1993 (as amended,the “Original Agreement”),which will expire not sooner than December 31,2022. C.The City and Contractor desire to amend and replace the Original Agreement in its entirety to recognize,among other things,the extensive,on-going capital investment made by Contractor to achieve and pass on to customers the cost savings from the ef?ciencies gained thereby. NOW,THEREFORE,in consideration of the mutual covenants,agreements and promises herein contained,the City and Contractor do hereby agree as follows: AGREEMENT 1.DEFINITIONS Capitalized terms used in this Agreement shall have the meanings given them in Exhibit A. 2.AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT Effective as of the Commencement Date,the Original Agreement is hereby amended and replaced in its entirety by this Agreement. 3.TERM;AUTOMATIC EXTENSIONS 3.1.Term The initial term of this Agreement (“Term”)shall be for fifteen (15)years, commencing on January 1,2016 (the “Commencement Date”),and expiring on the day before the sixteenth (16th)armiversary of the Commencement Date (the “Expiration Date”). Comprehensive Solid Waste Collection Agreement Page 1 Page 48 of 289 3.2.Automatic Extensions On each anniversary of the Commencement Date,the Expiration Date shall automatically be extended by one (1)year unless either party has given ninety (90) days written notice of termination to the other party,in which case the Agreement shall terminate on the Expiration Date in effect as of the date of such written notice of termination. SCOPE OF WORK 4.1.General Terms and Conditions Contractor shall collect,transport and dispose of all Solid Waste,Household Hazardous Waste and any other materials herein authorized,from each and every Customer within the Service Area pursuant to the tenns and conditions of this Agreement. 4.2.City Service Area Contractor shall provide all of the services described in this Agreement to the entire City Service Area. 4.3.Sole and Exclusive Solid Waste Service Provider During the Term of this Agreement,Contractor shall be the sole and exclusive provider to manage,collect,transport and dispose of Solid Waste and Household Hazardous Waste,and,as applicable,to manage,collect,transport and process Recyclable Materials and Green Waste subject to a separate collection service requested by the City or the jurisdiction of the WUTC upon adoption of an appropriate jurisdictional overlay granting such authority to the WUTC,all as more particularly described in Section 5.5.herein,and any other materials authorized for collection pursuant hereto,within the City Service Area.When requested by Contractor,the City shall seek to enforce the rights the City has granted to Contractor hereunder;however,the City shall not be obligated to instigate litigation to protect the right of Contractor.Contractor may independently enforce its rights under this Agreement against third party violators,including but not limited to seeking injunctive relief,and the City shall use good faith efforts to cooperate in such enforcement actions brought by Contractor (without obligating the City to join any such litigation).Such efforts may include but not be limited to cease and desist letters, assistance with documenting violations and other activities.Notwithstanding the foregoing,the City shall enforce its municipal code in the ordinary course against any third parties providing unauthorized Solid Waste service. Any material discarded by a Customer for which it pays to collect,process and/or dispose of the material shall constitute “Solid Waste”subject to all terms and conditions of this Agreement.This Agreement will not apply to Solid Waste,Recyclable Materials,Green Waste,Household Hazardous Waste and Agricultural Processed Waste self—hauledby the generator,or Green Waste generated and hauled by private landscaping services. Comprehensive Solid Waste Collection Agreement Page 2 Page 49 of 289 4.4.Annexation If additional territory is added to the City through annexation or other means, Contractor shall make collections in such annexed areas in accordance with the provisions of this Agreement at the unit prices set forth in this Agreement,provided however,the remaining Term of this Agreement shall not be less than ??een (15)years from the effective date of such annexation.If the City has given Contractor a notice of termination of this Agreement prior to such annexation,the annexed area shall not be added to this Agreement except with the written consent of Contractor,which may be withheld at the sole discretion of Contractor.If the armexed area is added to this Agreement,the parties shall execute an amendment to this Agreement consistent with the provisions of this section,including the replacement of Exhibit B depicting the City Service Area.If Contractor possesses a WUTC certi?cate or other franchise for Solid Waste collection in the annexed area at the time of annexation,the amendment of this Agreement to add the annexation area to the City Service Area shall be in lieu of the grant of a franchise pursuant to RCW 3513280 or RCW 35.A.l4.900,as applicable, and Contractor shall waive and release its right to claim any damages or compensation from the City arising out of the cancellation of any pre-existing permit,certi?cate or franchise held by Contractor prior to annexation,and ?rrther speci?cally waives the right to receive any additional compensation or any rights of collection in the newly- annexed territory beyond what is provided herein.Subject to the provisions hereof, Contractor acknowledges that its certi?cate applicable to those future armexation areas shall be cancelled effective the date of annexation by the City. If a party other than Contractor holds the WUTC certi?cate for any such future annexed territory,the City shall work with such party in good faith using commercially reasonable efforts to provide for the timely termination of such party's right to provide Solid Waste collection service to the subject armexation area.Upon termination of such party’s right to provide Solid Waste service to said annexation area,the parties shall cause the subject annexation area to be added to the City Service Area as provided above and subject to the terms and conditions of this Agreement.The City will indemnify,hold harmless and defend Contractor from any and all claims,actions, suits,liabilities,losses,costs,expenses and damages,including costs and attorney fees, asserted by such parties providing solid waste collection service arising from Contractor’s service in such armexed territory pursuant to this Agreement. The City acknowledges that Contractor shall require a reasonable amount of time to secure the necessary equipment,including but not limited to vehicles,Residential Carts and Containers,to service the annexed area,and shall not penalize Contractor for reasonable delays in the provision of services to annexed areas covered by this Agreement due to procurement delays that are not within the commercially reasonable control of Contractor.Customers within the annexed area shall receive the Residential Carts and Containers described herein in accordance with the provisions of this Agreement.In the event that an annexed area is being serviced with Residential Carts and Containers different from the City’s program,Contractor shall be responsible for timely Customer notification and removal of the existing Residential Carts and Comprehensive Solid Waste Collection Agreement Page 3 Page 50 of 289 Containers and delivery of appropriate Residential Carts and Containers within a reasonable time. 4.5.Unsafe Conditions at Pick—UpLocations If,in Contractor’s commercially reasonable discretion,a Customer is located in an area that does not permit safe access,turn—aroundor clearance for Contractor’s vehicles, Contractor shall provide Solid Waste service to such Customer provided the Customer sets out its materials adjacent to the nearest Public Street or Private Road allowing such safe access and Contractor is provided with reasonable advance notice of such location. Contractor shall use commercially reasonable efforts to work with such Customer to determine a safe location in compliance with applicable law.If Contractor in its commercially reasonable discretion determines that a Private Road cannot be safely negotiated or that providing drive-in service for Residential Customers shall be impractical due to distance or unsafe conditions,Contractor and the City shall evaluate the on-site conditions and make a determination of the best approach for providing Solid Waste service to the affected Residential Customers.Contractor and the City shall present feasible service options to the Customers concerning the nearest safe and mutually convenient pick-up location.If Contractor believes that its vehicles shall cause damage to a Private Road in the ordinary course of operation,Contractor may withhold Solid Waste service from the respective Customers until such Customers provide a damage waiver agreement to Contractor. 4.6.Hours/Days of Operation Contractor shall make Solid Waste collections from Single-Family Residences,Multi- Family Complexes and Mixed-Use Buildings on Monday through Friday between the hours of 7:00 a.m.and 6:00 pm.,provided,however,that the City may authorize from time to time temporary extensions or written exemptions of the collection period to accommodate the special needs of Customers,provided further however,that Contractor may conduct from time to time Solid Waste collections on Saturdays to the extent necessary to make up missed collections.Contractor shall make Solid Waste collections from non-Residential Commercial Customers on Monday through Friday between the hours of 5:00 a.m.and 6:00 p.m.provided;however,the City shall have the authority to notify the Contractor of which Commercial areas are located near Residential zoned areas,and shall be subject to the Residential collection hours. 4.7.Employee Conduct Contractor shall require its employees at all times on routes to be courteous,refrain from making loud,inappropriate or obscene language,exercise due care,perfomi their work ef?ciently and expeditiously,and avoid damage to public or private property.Contractor shall further require its employees to use only that portion of private property reasonably necessary to complete their duties,and to the extent reasonably possible,stay within regular pedestrian walkways and paths and avoid crossing ?ower beds and hedges, Contractor’s employees shall wear reasonably clean and presentable clothing while on Comprehensive Solid Waste Collection Agreement Page 4 Page 51 of 289 their routes.If the City gives written notice to Contractor of any employee of Contractor failing to comply with the above requirements,Contractor shall use commercially reasonable efforts to remedy the issue as soon as possible,including temporarily or pennanently removing such employee from all further performance of the work described in this Agreement. 4.8.Disabled Persons Service Contractor shall provide,at no additional expense,carry-out service of Solid Waste to those Residential Customers that suffer from a documented disability that prevents them from placing a Residential Cart at the Curb.The Residential Customer shall provide Contractor with veri?able information and complete the appropriate documentation prior to such service being provided.Contractor’s criteria for carry-out service shall comply with all local,state and federal regulations,and shall be subject to the City’s review and approval prior to program implementation. 4.9.Holiday Schedules Contractor shall provide regular Residential and Commercial collection services on all weekdays,Monday through Friday inclusive,regardless of any holidays that may be observed.Drop—BoxContainer collection service shall not be performed on New Year’s Day,Memorial Day,Fourth of July,Labor Day,Thanksgiving Day and Christmas. 4.10.Inclement Weather and Other Service Disruptions If,in Contractor’s commercially reasonable discretion,weather or other route conditions pose a danger to the public,Contractor’s employees or equipment,Contractor shall provide Solid Waste service only to those portions of the City Service Area that do not pose such a danger.Contractor shall provide the City within a reasonable time after such event Contractor’s plans to make up missed Solid Waste collections.Unless the City gives Contractor written notice of the City’s objections to such plans,Contractor may perform limited Solid Waste collection services after 6:00 pm and/or on Saturdays following disruptions in order to make up missed collections. 4.11.Suspending Collection from Problem Customers The City and Contractor acknowledge that,from time to time,some Customers may cause disruptions or conflicts that make continued service to that Customer unreasonable. Those disruptions or con?icts may include,but not be limited to,repeated damage to Residential Carts or Containers,repeated refusal to position Residential Carts or Containers properly,repeated suspect claims of timely set-out followed by demands for return collection at no charge,and repeated claims of damage to the Customer’s property. Contractor shall make every reasonable effort to provide service to those problem Customers.However,Contractor may deny or discontinue service to a problem Customer if reasonable efforts to accommodate the Customer and to provide services fail. If the Customer submits a written letter to the City appealing Contractor’s decision,the Comprehensive Solid Waste Collection Agreement Page 5 Page 52 of 289 City may,in its sole discretion,intervene and attempt to mediate a resolution in the dispute.The City may also require the denial or discontinuance of service to any Customer who is abusing the service or is determined to be ineligible. 4.12.Missed Collections If Contractor fails to collect Solid Waste from a Customer without permissible excuse therefore,Contractor shall provide such service to the Customer within a reasonable time, but in no event later than 6:00 P.M.of the business day following Contractor’s receipt of noti?cation of the missed pick—up.Contractor shall maintain a record of all missed collections reported by Customers (whether reported by telephone or e—mail)and Contractor’s corrective action.If a Residential Cart or Container is set out inappropriately,improperly prepared or contaminated with unacceptable Solid Waste, Biomedical Waste or Hazardous Waste,Contractor shall not be obligated to collect the materials from such Residential Cart or Container.Contractor shall place a noti?cation tag on such Residential Cart or Container that identi?es the speci?c reason for not collecting the Solid Waste,and maintain a record of such missed collections.If Contractor is requested by the Customer to make a return trip due to no fault of Contractor,Contractor shall be permitted to charge the Customer an additional fee for this service at the rate speci?ed in the rate schedule attached hereto as Exhibit C (“Rate Schedule”). 4.13.Schedule of Solid Waste Collection Contractor shall perform Solid Waste services for each respective Residential Customer pursuant to a regmlar schedule on the same day and as close to a consistent time as possible;Contractor may vary,in its discretion,the collection routes and schedules for Commercial Customers.Contractor shall provide dispatch service and equipment capability to collect full Drop-Box Containers no later than the second (2nd)business day after the Customer’s request.Contractor shall indicate,on a detailed map acceptable to the City,the day of the week Solid Waste shall be collected from each Residential Customer.Contractor may change the day of collection from time to time by giving the City and the affected Residential Customers at least ?fteen (15)days prior written notice of the different collection date. 4.14.Required Equipment and Signs on Vehicles;Maintenance of Vehicles and Equipment Contractor shall cause each of its vehicles to display the vehicle’s inventory number and customer service telephone number in lettering not less than four (4)inches high and clearly visible from a minimum distance of twenty (20)feet,together with appropriate safety markings,including all highway lighting,?ashing and warning lights,clearance lights,and warning ?ags in accordance with applicable laws.Contractor shall equip each route,service and supervisory vehicle with properly licensed two-way communication equipment capable of communication throughout the entire City Service Area with a base station maintained by Contractor.In addition,Contraction shall cause all vehicles to Comprehensive Solid Waste Collection Agreement Page 6 Page 53 of 289 carry regularly-maintained and fully—functionalspill kits,including absorbent pads or granules,containment booms,storm drain covers,sweepers and other similar materials suf?cient to contain,control and,for minor events,appropriately clean-up spillage or release of wind-blown materials,litter,or leaks of ?uids or leachate from the vehicle. Spill kits shall also include Contractor’s spill response procedure,which procedure shall be developed as provided in Section 4.17. Contractor shall cause all vehicles and equipment to be maintained in good operating condition at all times.In addition,Contractor shall maintain its vehicles to ensure that no liquid wastes (such as Solid Waste leachate)or oils (lubricating,hydraulic or fuel)to be discharged from the vehicles except to appropriate facilities.Contractor shall regularly clean and wash thoroughly all vehicles used in the collection of Solid Waste.Contractor shall cause its vehicles to be repainted from time to time as needed to maintain a clean and professional appearance. 4.15.ResidentialCarts and Containers Inventory Contractor shall procure and maintain a suf?cient quantity of Residential Carts and Containers to service the City’s Customer base,including for seasonal and economic variations in the demand for Residential Carts and Containers. 4.16.Ownership of Equipment All vehicles,facilities and property used in performance of work under this Agreement shall be owned or leased by Contractor.The City shall have no obligation to provide equipment,facilities or personnel in connection with Contractor’s duties hereunder. 4.17.Spillage Contractor shall cause any blowing or spillage of Solid Waste,or leachate from Contractor’s vehicles,to be cleaned up immediately by Contractor’s employees.For any spill of leachate requiring more equipment or treatment other than the spill kits carried on a collection vehicle,Contractor shall promptly notify the City of such event.Contractor shall develop and submit to the City for its review a spill response procedure,and shall incorporate any commercially reasonable comments that the City provides.The spill response procedure shall include a list of emergency contacts,which shall be reviewed annually and updated as necessary. 4.18.Disruption Due to Construction If a Public Street is under construction such that the work interferes with Contractor’s services,Contractor shall use commercially reasonable efforts to account for such interruption to permit the prudent and safe collection of Solid Waste from affected Customers. Comprehensive Solid Waste Collection Agreement Page 7 Page 54 of 289 4.19.Site Planning Assistance The City shall,as part of its permitting process,cause written notice to be given to Contractor of any development permit application containing plans for the construction of a new or substantially remodeled building or other permanent structure,where commercial container service is contemplated for solid waste,so that Contractor may provide,but has no obligation to do so,written comments concerning Contractor’s ability to access Containers and provide safe and efficient collection services to such property. Upon request and at standard rates determined from time to time by Contractor, Contractor shall provide site planning assistance to property owners or their representatives.The site plarming assistance shall be available for all new construction or remodeling of buildings and structures within the City Service Area,and shall address the design and planning of Solid Waste removal areas and their location upon the site. Contractor shall provide its assistance for optimizing loading docks,enclosures, compactor equipment and other similar structures or areas,provided however,that such site planning consultation service shall be made without warranty and without liability of any sort,and Contractor may require a commercially reasonable waiver to such effect prior to giving such site planning assistance. 4.20.Safeguarding Public and Private Property Contractor shall use commercially reasonable efforts to avoid causing damage to any public and private improvements,facilities and utilities whether located on public or private property.If such improvements,facilities,utilities or Curbs me damaged and such damage is due to the negligence or intentional misconduct of Contractor,Contractor shall notify the City immediately in writing of such damage.If such damage is of a type not ordinarily suffered or in excess of normal wear and tear caused by vehicles operated by Contractor,Contractor shall either repair such damage,if practicable,or reimburse the City for the reasonable cost of repairing such damage,which cost shall be the cost of restoring such property to the condition immediately prior to such damage. 4.21.Company Name Contractor shall not use a trade name containing any words that implies Contractor is operated or owned by the City. 4.22.Coordination between City and Contractor Within a sixty (60)days time after receipt of written request of either party,the other party shall meet at the City’s offices to resolve any operational issues with Contractor’s services.Contractor shall provide the City with access to Contractor’s route and Customer service data,billing information,safety records,equipment,facilities and other applicable items,and the City shall provide Contractor with access to the City’s records applicable to the issue. Comprehensive Solid Waste Collection Agreement Page 8 Page 55 of 289 4.23.Disposal Restrictions and Requirements Except as expressly provided herein,Contractor shall not knowingly or negligently collect,transport or dispose of Hazardous Waste or Biomedical Waste,and shall have no responsibility for such waste.Contractor shall not be required to collect Hazardous Waste,Biomedical Waste or any other materials that are either restricted from disposal or would pose a danger to Contractor’s collection crews.If materials are rejected for this reason,Contractor shall leave a written notice with the rejected materials listing why they were not collected and providing the Customer with a contact for further information about proper disposal options.The Customer shall remain responsible for all costs associated with handling and disposal of such materials inadvertently collected by Contractor. 4.24.Disposal Site for Solid Waste Contractor shall deliver all Solid Waste to an appropriate disposal site operated by Contractor or such other disposal site or sites that satisfy applicable state regulations. Contractor shall provide the City with a list of the disposal sites being used by Contractor. 4.25.Adjustment of Service Level for Certain Customers If Contractor in its commercially reasonable discretion determines that a Residential Customer is generating quantities or types of Solid Waste different from a typical Residential Customer,Contractor shall notify City of the same.Within thirty (30)days of Contractor’s notice,City shall determine if the Residential Customer maintains a commercial enterprise from the Residence,for example by determining if a business license has been issued declaring the business address to be same as the Residence,and should be served by a commercial Solid Waste service plan.If City determines that the customer is operating as a commercial enterprise,said Residential Customer’s service shall be revised to the appropriate commercial service most closely approximating the service required by the affected Customer,as determined by Contractor. 4.26.Violation of Ordinance Contractor shall promptly give written notice to the City of any observed violations of the City’s ordinances concerning the containerization,collection,transport and disposal of Solid Waste. 4.27.Public Information The City may develop,at its expense,public outreach and education programs concerning the reduction of Solid Waste,the recycling of Recyclable Materials,any other programs concerning Solid Waste service within the City Service Area,including the mandatory Solid Waste collection requirements for all Customers in the City Service Area.Contractor shall cooperate in good faith with the City to design and distribute promotional materials to Customers throughout the City Service Area. Comprehensive Solid Waste Collection Agreement Page 9 Page 56 of 289 4.28.Compaction of Solid Waste If any Commercial Customer should deposit into its Container a substantial amount of compacted Solid Waste,or any other Solid Waste that has been subjected to a process modifying its composition or nature resulting in the reduction of its volume because of an increase in density,Contractor may assess against such Commercial Customer an additional charge equal to the difference in compacted and uncompacted Solid Waste service rates set forth in the Rate Schedule. SOLID WASTE SERVICE 5.1.Residential Service 5.1.1.Residential Customer Solid Waste Service Contractor shall collect,transport and dispose of Solid Waste from all Residential Customers within the City Service Area,provided that the Solid Waste is properly contained in Residential Carts supplied by Contractor and set out for collection at the Curb on or abutting Public Streets or Private Roads,together with any additional Solid Waste contained in appropriate bins,bags,cans or other receptacles that could not be placed in the Residential Carts.In addition, Contractor shall collect an unlimited number of Solid Waste Units that are properly set out by a Residential Customer adjacent to its Residential Cart. Contractor’s collection of Solid Waste placed outside of the Residential Cart shall be at no additional cost unless the materials could reasonably have been placed in the Residential Cart.Each Unit of Solid Waste not provided in this manner for collection shall be subject to a special pickup charge as provided in the Rate Schedule.Contractor shall also dispose of passenger vehicles tires,but not truck or tractor tires,from Residential Customers.If,in Contractor’s commercially reasonable discretion,Contractor determines that a Residential Customer is disposing of passenger vehicle tires in excess of four (4)per year,Contractor may assess the affected Residential Customer a charge for tire disposal in accordance with the rate set forth in the Rate Schedule. 5.1.2.Residential Carts Contractor shall provide each Residential Customer within seven (7)business days of the Customer’s request with a 96-gallon Residential Cart,provided however,that qualifying Residential Customers may request the use of a 64- gallon Residential Cart as described in Section 5.1.3.Residential Carts shall be rodent and insect proof,and equipped with functional wheels or rollers. Contractor shall maintain all Residential Carts in good condition without any jagged edges or holes.If Contractor’s employees note any damaged hinges, holes,poorly functioning wheels or other conditions requiring repair,Contractor shall repair,at its sole cost,such condition without need of request from the Customer.Contractor shall repair the Residential Cart within seven (7)business Comprehensive Solid Waste Collection Agreement Page 10 Page 57 of 289 days of request or notice of a condition requiring repair,or provide a temporary Residential Cart as necessary.Contractor shall replace,at its sole cost,any Residential Cart that is damaged or missing on account of accident,act of nature or the elements,?re,or theft or vandalism by other members of the public within three (3)business days.Contractor may provide replacement Residential Carts that are new or used and reconditioned,provided such Residential Carts are clean and presentable.Contractor shall collect and dispose of damaged and unusable Residential Carts.I?in Contractor’s commercially reasonable discretion, Contractor has to replace or repair a damaged Residential Cart as a result of excess wear and tear or otherwise the result of the negligence or intentional misconduct by the Residential Customer,Contractor may charge the Residential Customer a replacement fee for such Residential Cart at the rate set forth in the Rate Schedule.Residential Customers shall be responsible for the cleaning of their Residential Carts. Residential Carts placed for collection shall not weigh in excess of one hundred- twenty (120)pounds for the 64-gallon Residential Cart or one hundred-eighty (180)pounds for the 96—gallonResidential Cart. 5.1.3.Senior,Low Income Discount Contractor shall provide Solid Waste service to those Residential Customers qualifying for the senior,low income discount rate set forth in the Rate Schedule upon the same terms and conditions set forth in section 5.1.1 and Section 5.1.2, except that such qualifying Customers shall be provided with one 64—gallon Residential Cart,and such Residential Customers shall be limited only to the use of such Residential Cart for the disposal of Solid Waste.Each Unit of Solid Waste not placed within such Residential Cart for collection shall be subject to additional pickup charges at the rate set forth in the Rate Schedule.If a senior, low income Residential Customer sets out more Solid Waste than may be contained in a 64 gallon Residential Cart on two or more occasions in any calendar year,Contractor may at any time thereafter cause such Residential Customer to change to the Unlimited Residential Customer service plan at the applicable service rate set forth in the Rate Schedule. Prior to Contractor providing such discounted service,the City shall give written notice to Contractor that the senior,low income Residential Customer has certi?ed each of the following conditions to the City,and that the City has verified to the extent reasonably possible,as being true and correct: (i)The Residential Customer is a single occupant of or the head of a household all of whose members have combined armual income from all sources that is not greater than the United States Federal Poverty Level. Such poverty level shall be determined by the “Very Low Income Limits” and updated annually by the City;and Comprehensive Solid Waste Collection Agreement Page 11 Page 58 of 289 (ii)The Residential Customer must be the customer of the solid waste service and must be directly responsible for the payment of the solid waste bill; and (iii)The Residential Customer is the fee simple owner,or the primary tenant named on the lease,of a Single Family Residence and has resided at such location for a period of not less than ninety (90)consecutive days and must intend to remain at such place;and (iv)The Residential Customer is at least sixty—two(62)years of age or older; and (V)The Residential Customer shall state on oath that the one (1)64 gallon Residential Cart shall be adequate to meet the requirements of the Residential Customer without creating a public nuisance or a public health hazard;and (vi)The City may require the person demonstrating satisfactory proof for a house hold that quali?es for the rates set forth in this section to make an updated application at any time.“Head of the household”means the person owning or having control of the dwelling unit.In the case of a husband and wife,either person shall be considered the “head of the household”;and (vii)The Residential Customer has ?led the appropriate application under oath with the City that the Residential Customer shall inform the City in writing if there is any change in the household’s status as it relates to the requirements set forth in (i)—(vii)above,and acknowledges the City may require a.n updated application at any time. The City shall,from time to time but not more than once per month,provide Contractor with a list of the Residential Customers that have satis?ed the above conditions and quali?ed for the applicable discount rate,which discount rate shall go into effect for the subject Residential Customers not later than thirty (30)days after the date of such written notice from the City. Contractor may terminate such discounted service if and when Contractor or the City has a reasonable belief that such Residential Customer no longer quali?es for such discounted service.The City upon its own volition,or within thirty (30) days of receipt of Contractor’s written notice,shall use reasonable due diligence to determine if such Residential Customer continues to qualify for such discounted service.If the qualifying Residential Customer loses such status, Contractor shall provide written notice to the Residential Customer and the service rate for Unlimited Residential Service shall be assessed for the first Solid Waste service occurring a?er the date of such written notice. Comprehensive Solid Waste Collection Agreement Page 12 Page 59 of 289 5.2. 5.1.4.Household Hazardous Waste Program Contractor shall accept Household Hazardous Waste from Customers residing in Residences within the City Service Area whose accounts with Contractor are in good standing.Contractor shall comply with all applicable State of Washington statutes and regulations including,but not necessarily limited to,Department of Ecology guidelines and permit requirements.At least once per week on a day approved by the City for a minimum of eight (8)consecutive hours,Contractor shall accept without charge Household Hazardous Waste at a facility properly licensed and approved by the City to receive such materials.Contractor may also accept,but has no obligation to do so,other hazardous waste from any other person or Customer,provided that such additional service complies with all applicable laws and contractual obligations of Contractor,and upon such terms and conditions and service rates acceptable to Contractor.Contractor shall transport and dispose of all collected Household Hazardous Waste to an appropriate disposal site.Contractor shall regularly publish brochures concerning the Household Hazardous Waste program,including the location of the facility and the hours of service. The parties hereto acknowledge that the Household Hazardous Waste program is conditioned upon and subject to the continuing effectiveness of that certain agreement by and among Contractor,the City and Franklin County,pursuant to which Franklin County has delegated to Contractor the county’s duties under Washington state law to implement and administer a Household Hazardous Waste program.Contractor shall cause the cost of such program to be included in the service rates set forth in the Rate Schedule in full compensation of such services. If and when such agreement or Contractor’s obligation thereunder has been terminated,the Household Hazardous Waste program made part of this Agreement shall also be automatically terminated.In such event,the portions of this Agreement authorizing and requiring Contractor to collect Household Hazardous Waste shall be deemed terminated without further action required of any party,and Household Hazardous Waste shall be deemed to be unacceptable waste for collection.On the next Annual Adjustment Date following the date on which Contractor is no longer required to collect such waste,Contractor shall equitably adjust its service charges for each level of Solid Waste service. Commercial Service 5.2.1.Commercial Customer Solid Waste Service Contractor shall collect Solid Waste from all Commercial Customers within the City Service Area,provided that the Solid Waste is properly contained within Containers supplied by Contractor. Comprehensive Solid Waste Collection Agreement Page 13 Page 60 of 289 5.2.2.Commercial Containers 5.2.2.1 Container Types Contractor shall provide to each Commercial Customer,and each Commercial Customer may select,the following types of Containers: 1.5-,2-,3-,4-,6-or 8-cubic yard Detachable Container;11-,20-,30-or 40-cubic yard Drop-Box Container;a 96—gallonor 64-gallon wheeled cart similar to the respective Residential Carts.Contractor may from time to time provide additional or remove existing Container service options,provided however,that Contractor shall provide at least thirty (30)days prior written notice to affected Commercial Customers with service plans for Containers that are being discontinued.Detachable Containers shall be watertight and equipped with tight-fitting metal or plastic covers,which covers shall be closed by Contractor after every collection service,and may be equipped with four (4)wheels for those Containers with volumes of 4-cubic yards or less.Drop-Box Containers shall be constructed of metal,and if requested by a Customer,equipped with a tight-?tting screened or solid cover operated by a winch system. Detachable Containers up to 8-cubic yards shall not weigh in excess of one thousand two hundred (1,200)pounds,and Drop-Box Containers shall not weigh in excess of twenty thousand (20,000)pounds. Commercial carts shall not weigh in excess of one hundred twenty (120) pounds for the 64-gallon commercial cart or one hundred—eighty(180) pounds for the 96-gallon commercial cart. 5.2.2.2.General Terms and Conditions Applicable to Commercial Containers Contractor shall furnish each Commercial Customer with the appropriate Container within seven (7)business days of the Customer’s request. Contractor shall deliver and place the Container on the Customer’s property in a location determined by the Customer,provided such location is reasonably acceptable to Contractor for the safe and efficient collection thereof.Contractor shall maintain all Containers in good condition without any leaks,jagged edges or holes.If Contractor’s employees note any damage to a Container requiring repair,Contractor shall repair,at its sole cost,the damage without need of request from the Customer.Contractor shall repair the Container within seven (7) business days of request or notice of a condition requiring repair,or provide a temporary Container as necessary.Contractor shall replace,at its sole cost,any Container that is damaged or missing on account of accident,act of nature or the elements,?re,or theft or vandalism by other members of the public within there (3)business days.Contractor may provide Customers with either a new or used and reconditioned Comprehensive Solid Waste Collection Agreement Page 14 Page 61 of 289 replacement Containers,provided such Containers are clean and presentable.Contractor shall collect and dispose of damaged and unusable Containers.If,in Contractor’s commercially reasonable discretion,Contractor must replace or repair a damaged Container as a result of excess wear and tear or otherwise the result of the negligence or intentional misconduct by the Commercial Customer,Contractor may charge the Customer a replacement fee for such Container.Not more often than once per year,Contractor shall clean without additional cost, said cost being included in the respective service plan,each Customer’s Container.In addition,Contractor shall also replace a Container within three (3)business days of request by the City if the City determines that the Container fails to comply with reasonable health and safety standards,provided however,that Contractor shall assess the Customer a cleaning fee at the rate set forth in the Rate Schedule. 5.2.2.3.Additional Fees Contractor shall not charge Commercial Customers an initial delivery fee for a Container,except in the case of temporary Container service or a Container redelivered to a Customer restarting service after having service suspended with its Container removed because of non-payment of invoices.Contractor shall charge a rollout fee in ten (10)foot increments for Containers that must be rolled by Contractor more than twenty (20)feet to reach the collection vehicle at its nearest point of access.Gate and/or disconnect charges shall be assessed as set forth in the Rate Schedule when Contractor must open,unlock,or close a gate in order to service a Container.Contractor may assess additional charges for excess materials loaded so as to lift,as applicable for such Commercial Customer,the Detachable Container lid or Drop-Box Container lid more than six (6)inches from the normally closed position. Commercial Customers may request extra collections of Detachable Containers in addition to the regular service,which additional service shall be subject to an additional charge equal to the proportional amount (e.g.one pick-up per week rate divided by 433 weeks per month)of their regular monthly rate for that service.Extra collections of Drop- Box Containers shall be provided at the regular rate set forth in the Rate Schedule. 5.2.2.4.Customer-Owned Drop-Box Containers Notwithstanding anything to the contrary in Section 5.2.2.1 above, Contractor may service compactor Drop-Box Containers owned by Commercial Customers at the special collection rates set forth in the Rate Schedule.Contractor shall have no obligation to maintain,repair or clean a compactor Drop-Box Container owned by a Commercial Customer,and shall have no liability to such Customers for damage Comprehensive Solid Waste Collection Agreement Page 15 Page 62 of 289 caused to such compactor Drop-Box Containers except in the event of gross negligence or intentional misconduct by Contractor.If,in the commercially reasonable discretion of Contractor,a Customer—owned compactor Drop-Box Container is not safe,Contractor may elect not to provide service until such compactor Drop-Box Container is made safe for usage and transport. 5.3.Temporary Solid Waste Service Plans Upon request of any Customer,Contractor shall provide on a temporary basis the Container requested by said Customer at the rate set forth in the Rate Schedule for such temporary service.The temporary service rate shall apply for all service requests that do not exceed ninety (90)consecutive days.If the Customer requires a Container for a longer period of time,Contractor may require the Customer to select the appropriate Commercial service plan set forth in the Rate Schedule for the requested Container.If the temporary service plan is in addition to a regular service plan in effect for the Customer, Contractor shall be authorized to bill the Customer for both service plans.Contractor may require the Customer to make a security deposit in advance of a temporary service plan at the rate set forth in the Rate Schedule. 5.4.Solid Waste Service to City Properties and Facilities Contractor shall provide the City with Solid Waste service from all City locations for which the City desires service pursuant to the City’s service plan set forth in the Rate Schedule.The City may modify the locations for which the City desires service by providing Contractor with ten (10)days prior written notice,in which case,Contractor shall adjust,if applicable,the fee payable by the City pursuant to the Rate Schedule Exhibit C).As part of the City’s service plan,Contractor shall also provide ,without direct cost to the City,Solid Waste service as defined in Exhibit “E”of up to 1,500 tons (Base Tonnage)of Solid Waste gathered by the City from alley clean-ups,street sweeping and sewer debris,and deposited in specially designated Drop-Box Containers supplied by Contractor.The Solid Waste service shall be increased in increments of 250 tons of Solid Waste every ?ve years based on the City’s solid waste need over the Base Tonnage.The Solid Waste service increase will be based on the following calculations: (a)Solid Waste tonnage from city owned properties less Base Tonnage equals Net Solid Waste tonnage from city owned properties with direct cost to the City,(b)if the Net Solid Waste tonnage from city owned properties with direct cost is less than 250 tons,then no change is required,and (c)if the Net Solid Waste tonnage from city owned properties with direct cost is greater than 250 tons,then an increase will be required. If the Net Solid Waste is greater than 250 tons,then the Net Solid Waste plus the Base Tonnage will equal the new Total Solid Waste service for the next five years.Based upon a change in the Total Solid Waste,the Contractor shall be able to adjust Solid Waste service rates consistent with section 6.3.7. Comprehensive Solid Waste Collection Agreement Page 16 Page 63 of 289 Contractor will send a quarterly accounting of the remaining balance of the total Solid Waste service to be provided to the City without direct cost.The accounting period for this Solid Waste service will begin on January l and end on December 31 of each contract period. 5.5.Recyclable Materials and Green Waste If,during the Term of this Agreement,the City elects to provide additional services related to Curbside recycling of Recyclable Materials and/or Green Waste from Residences consistent with revisions to and updating of the Franklin County Comprehensive Solid Waste Management Plan,the City may request that Contractor collect,transport,process and recycle Recyclable Materials from all Customers residing in Residences located within the City Service Area.Within ninety (90)days of receipt of such notice,Contractor shall provide the City with a written proposal of the service rates, planned service routes and schedules for Customers residing in Residences and,if also requested by the City,all other Customers,proposed Recycling Carts and Recycling Containers,commodities that will qualify as Recyclable Materials based on current market conditions,estimated interval to secure necessary equipment and facilities,and any other pertinent terms and conditions of such service.Contractor shall remit all proceeds from the sale of collected Recyclable Materials pursuant to the recycling program to the City.If Contractor’s proposal is acceptable to the City,the City shall give written notice (Exercise Date)to Contractor to commence providing such service within the City Service Area on the date set forth in the City’s notice that is consistent with Contractor’s proposal.Upon receipt of the City’s notice,the parties shall cooperate in good faith to develop and distribute materials and information to Customers within the City Service Area concerning the addition of the recycling and/or green service. If the City declines to require a separate Recyclable Materials and/or Green Waste service governed by this Agreement,the City shall permit,at Contractor’s written request,the Washington Utilities and Transportation Commission (“WUTC”)to assume jurisdiction of Curbside Recyclable Materials and/or Green Waste service plans,which will be implemented and operated by Contractor. 5.6.Miscellaneous Solid Waste Services Contractor shall also provide the following special services: (i)With respect to Residential Customers and those Commercial Customers residing in Residences located within Mixed—UseBuildings and Multi—FamilyComplexes within the City Service Area,Contractor shall provide a special Solid Waste service at the rate set forth in the Rate Schedule for Units of Solid Waste that exceed the limitations set forth in the definition of “Solid Waste Units,”which service shall be provided within ?ve (5)business days of the Customer’s request. (ii)With respect to qualifying Customers,Contractor shall administer and provide Solid Waste service as provided under and pursuant to Pasco City Code Section Comprehensive Solid Waste Collection Agreement Page 17 Page 64 of 289 (iii) (iv) 5.7. 6.04.240,“Special Collection and Residential Coupon,”for so long as said program is in effect under the Pasco City Code. With respect to Residential Customers and those Commercial Customers residing in Residences located within Mixed—UseBuildings and Multi—Fa1nilyComplexes within the City Service Area,Contractor shall collect and dispose of refrigeration and cooling devices common to households,such as refrigerators and air- conditioning units,at the rates set forth in the Rate Schedule,provided however, that the Residential Customer shall either request Contractor to purge and dispose of the cooling substance as required by applicable law or provide Contractor with a certi?cate reasonably satisfactory to Contractor from a quali?ed contractor stating that the same has been completed prior to collection and disposal of such item. With respect to all Customers within the Service Area (except as otherwise provided in Section 5.1.1),Contractor shall collect,transport,and dispose of tires from passenger vehicles and trucks at the rate set forth in the Rate Schedule. Customer Service 5.7.1.Customer Service Office Contractor shall maintain a Customer service of?ce within the City Service Area with a local telephone number or toll free phone number where Contractor may be contacted by Customers during the hours of 8:00 a.m.to 5:00 p.m.Monday through Friday,except for the holidays recognized by the State of Washington. Contractor shall provide customer service functions relating to service delivery, potential service options,service rates,receiving and resolving customer complaints,dispatching temporary Containers and special collections,and resolving billing questions. 5.7.2.Complaints Contractor shall give prompt and courteous attention to all Customer complaints received by Contractor.Contractor shall promptly investigate any complaint of a missed collection,and if veri?ed,shall arrange for collection as provided in this Agreement.Contractor shall maintain a record of actions taken on all material and legitimate complaints that could not be resolved during the initial communication with the Customer,regardless of how the complaint was received, including date,time,Customer’s name and address (if the Customer is willing to give this information),method of transmittal,and nature,date and manner of resolution of the complaint in a computerized daily log.Contractor shall make a conscientious effort to resolve all complaints promptly but otherwise within one (1)business day of the original call or e-mail.The computerized daily log shall be available for inspection by the City,or its designated representatives,during Contractor’s of?ce hours,and shall be in a format reasonably acceptable to the City. Comprehensive Solid Waste Collection Agreement Page 18 Page 65 of 289 5.7.3.Emergency Contact Contractor shall provide the City with the name and Contact information in the event of an emergency requiring contact with Contractor outside of normal of?ce hours.Contractor shall cause such representative to be available at said emergency telephone number during all hours other than normal of?ce hours. 5.8.Reports In addition to any report required by law,Contractor shall maintain records of the number of loads of Solid Waste collected and transported within the City Service Area and the approximate total tonnage of Solid Waste and any other material herein authorized hauled by Contractor to Contractor’s disposal site.Contractor shall make such records available to the City upon request.Subsequent to April 15 of each calendar year,and following at least two (2)months prior written notice,Contractor shall provide to the City a pro?t/loss ?nancial statement for the preceding calendar year together with a pro-fonna ?nancial statement for the ensuing calendar year.The City shall be permitted to review but not make copies of the ?nancial statements.Upon the City’s request,Contractor shall make available the same ?nancial statements to an accounting ?rm selected by the City and reasonably acceptable to Contractor,provided,however,that the accounting ?rm provides Contractor with a commercially acceptable form of con?dentiality agreement. Contractor shall bear all reasonable costs of such accounting ?rm. COMPENSATION 6.1.Basis for Determination of Solid Waste Service Rates The parties expressly intend that the rates and charges established by this Agreement are designed to capture all legitimate operating and capital costs incurred by Contractor and to provide a fair rate of return on Contractor’s investment in providing all services included under this Agreement as may be measured by extemal methodologies such as the Washington Utilities and Transportation Commission’s “Lurito-Gallagher” ratemaking methodology,or other such standards that will enable Contractor to establish fair,just,reasonable and suf?cient overall rates in order to allow Contractor to innovate, invest and continue to provide service types and levels responsive to the City’s reasonable requirements hereunder. 6.2.Compensation for Solid Waste Services Contractor may collect from each and every Customer within the City Service Area the appropriate charge for the Solid Waste service plan selected by such Customer,together with any additional charges,fees and expenses that may be incurred or requested by such Customer,at the rates set forth in the Rate Schedule.Contractor shall act in good faith to coordinate with Customers to minimize the charges assessed to Customers. Comprehensive Solid Waste Collection Agreement Page 19 Page 66 of 289 6.3.Adjustment to Solid Waste Service Rates 6.3.1.Annual Rate Adjustment Contractor’s service charges,excluding fuel expenses,for each level of Solid Waste service shall increase once every year in an amount not to exceed eighty percent (80%)of the annual percentage increase in the Consumer Price Index — All Urban Consumers;West Region,Size B/C,standard reference base period 1982-84 =100,hereinafter referred to as the “Adjustment Index,”as determined in this section.Adjustments to Contractor’s service charges shall be made in units of one cent ($0.01).Fractions less than one cent ($0.01)shall not be considered when making adjustments. Rates shall be adjusted annually,beginning January 1,2016 (the “Adjustment Date”).Contractor shall submit to the City for review and approval a “Rate Adjustment Statement”showing the calculations of new service rates for the following year,including a calculation of the percentage change in the Adjustment Index for the most recent twelve (12)month period ending the June prior to the Adjustment Date.Contractor’s calculations shall be provided to the City annually no later than October 1“and the City shall have ninety (90)days to con?rm Contractor’s rate modi?cation calculations.Upon receipt of the City’s approval,which shall not be unreasonably withheld or delayed,the new rates shall take effect on January 15‘of the subsequent year. 6.3.2.Adjustments to Tipping Fees and Disposal Fees A tipping disposal or acceptance fee charged for Solid Waste shall be the ?nancial responsibility of Contractor,provided however,Contractor may incorporate such disposal,tipping or acceptance fees as part of the service rates set forth in the Rate Schedule.In the event of an adjustment in tipping fees or disposal fees paid by Contractor,Contractor shall adjust the tipping fee and disposal fee component of the Solid Waste service rates for each level of service to re?ect such adjustment.Contractor shall provide the City with notice of any tipping fee or disposal fee adjustment promptly upon knowledge thereof by Contractor.Contractor shall provide to the City evidence supporting the requested change in service fees as a result of an adjustment to tipping fees and disposal fees at least forty-?ve (45)days prior to date requested by Contractor for such adjustment to go into effect,which in any event shall not be earlier than the date of the adjustment to the tipping fee or disposal fee.Upon receipt of the City’s con?rmation that the calculations are correct,the new Solid Waste service rates for each level of service shall take effect on the date requested by Contractor.Contractor shall include a notice in the next invoice issued to the Customers describing the increase in the service rates pursuant to this section. Comprehensive Solid Waste Collection Agreement Page 20 Page 67 of 289 6.3.3.Fuel Expense Adjustments Contractor may also assess to all Customers a “Fuel Surcharge,”provided the surcharge is determined and used in accordance with the provisions hereinafter set forth.The Fuel Surcharge shall be implemented and charged by Contractor in the instance that the resulting calculation equals 0.5%or more as described below. The following de?nitions apply to the use and application of the Fuel Surcharge: 0 Base Fuel Expense:the proportion of approved rates attributable to gross fuel expense,hereby ?xed at 5.87%. 0 Base Fuel Price:the average cost of diesel fuel used at the time of the 2016 rate authorization,hereby ?xed at $3.79. 0 Current Fuel Price:the per gallon price for retail sales of “West Coast Number 2 Diesel Ultra-Low Sulfur”(0-15 PPM)for the most recent full month reported in the “Monthly Diesel Prices —Ultra-Low”index published by the Energy Information Administration of the US Government or the DGE index. 0 Fuel Surcharge:the product of multiplying the base fuel expense by the percentage change between the base fuel price and current fuel price [e.g. $3.79*(current price/$3.79)]. The Fuel Surcharge shall be calculated by subtracting the Base Fuel Price from the Current Fuel Price and converting the difference to a percentage of the Base Fuel Price;that percentage shall then be multiplied by the Base Fuel Expense and the resulting product shall constitute the Fuel Surcharge.Contractor shall submit to the City a Fuel Surcharge calculation worksheet by the 15th day of the month immediately preceding the months of August,October,December,February, April and June.The Fuel Surcharge shall be deemed approved and authorized unless written objection from the City to the Contractor’s mathematical calculations is received by Contractor within seven (7)days of the City’s receipt of the worksheet.In such case,the parties shall meet within ?ve (5)business days and work in good faith to resolve any alleged errors in such mathematical calculations.A Fuel Surcharge shall commence only on the ?rst of each of the calendar months named herein above,and shall continue in effect for a two-month period,after which time a new Fuel Surcharge,if applicable,shall go into effect pursuant to the provisions hereof.Contractor shall incorporate such Fuel Surcharge in the Customers’invoices in a timely manner. 6.3.4.Annual Rate Adjustment Cap The Annual Rate Adjustment Cap is met when the cumulative rate increases of 6.3.](Annual Rate Adjustment),6.3.2 (Adjustments to Tipping Fees and Disposal Fees),6.3.3 (Fuel Expense Adjustment),and 6.3.5 (Solid Waste Disposal Cost Adjustment,if applicable)meet or exceed ?ve percent (5%)as de?ned by the Consumer Price Index in the United States Department of Labor--All Urban Consumers;West Region,Size B/C,standard reference base period 1982-84 = 100 (Adjustment Index). Comprehensive Solid Waste Collection Agreement Page 21 Page 68 of 289 If the Annual Rate Adjustment Cap is met,the Contractor may either limit all rate increases (sections 6.3.1,6.3.2,6.3.3,and 6.3.5)at the Annual Rate Adjustment Cap or proceed as outlined in section 6.3.7.The Contractor will notify the City within 45 days that the Annual Rate Adjustment Cap has been reached.The Annual Rate Adjustment Cap will be reset on January 15‘of every year as per section 6.3.1. 6.3.5.Solid Waste Disposal Cost Adjustment Contractor may also adjust service rates for all levels of service based upon the change in the annual disposal cost of Solid Waste collected by Contractor (“WACOD Adjustment”).Commencing with the second full twelve month Adjustment Period after any “Exercise Date”pursuant to Section 5.5,and for each Adjustment Period thereafter (each,a “Comparison Period”),the Contractor shall determine the change in the annual disposal cost of Solid Waste collected by Contractor during such Comparison Period as compared to the first full twelve month Adjustment Period after the Exercise Date (“Base Period”).If the of Solid Waste collected for such Comparison Period has changed by more than ?ve percent (5%)from the Base Period,Contractor shall prepare a WACOD Adjustment calculation worksheet (“WACOD Adjustment Statement”)that calculates the WACOD Adjustment to the service rates pursuant to the formula set forth in Exhibit D.The WACOD Adjustment of the service rates shall be adjusted concurrently with armual adjustments to service rates pursuant to Section 6.3.1,with the first month of January two years after the Exercise Date being the ?rst potential date for an adjustment pursuant to this section.Concurrently with the Statement provided to the City pursuant to Section 6.2.1,the Contractor shall submit to the City for review and approval the WACOD Adjustment Statement calculating the adjustment to new rates for the next year,which statement shall show the calculations required in this Section.The City shall have sixty (60)days to con?rm the Contractor’s WACOD Adjustment to the service rates.Upon receipt of the City’s approval of the WACOD Adjustment Statement,which shall not be unreasonably withheld or delayed,the WACOD Adjustment to the service rates shall take effect on January 15‘of the subsequent year. 6.3.6.Tax Additive The State Refuse Collection Tax (currently at 3.6%)and any applicable City Taxes shall be added to the rates speci?ed for each class of service and may be identi?ed separately and as additive to said rate on each billing service. 6.3.7.Other Modi?cations Contractor may apply to the City for rate adjustments that result from increases in the cost of operations arising during the Term of the Agreement.Contractor shall submit a written request to adjust the rates not more than ninety (90)days and not Comprehensive Solid Waste Collection Agreement Page 22 Page 69 of 289 less than sixty (60)days prior to the proposed effective date of the requested change.The City shall promptly consider such proposed rate change with consideration of historical and industry-wide pro?t levels and rate making methodologies utilized by the Washington State Utilities and Transportation Commission. 6.3.8.Changes in Impositions or Other Laws If the City,county,state or federal authorities impose new taxes,fees or surcharges or change the rates of existing taxes,fees or surcharges after the Commencement Date,or there are other changes in federal,state or local laws or regulations,and the impact of these changes results in increased or decreased Contractor costs,Contractor and City shall enter into good faith negotiations to determine whether compensation adjustments are appropriate and if so,to determine the amount and the method of adjustment.If the City requires review of Contractor’s financial or other proprietary information in conducting its rate review,at the request of Contractor,the City shall retain a third party to review such information at Contractor’s expense,provided however,that Contractor may require such third party to execute a commercially reasonable con?dentiality agreement.Any such additional ?nancial review costs shall be considered allowable business expenses for future rates adjustment purposes. 6.3.9.Termination by Contractor If Contractor requests a rate adjustment pursuant to this Section 6 and the City fails to consent to such request for any reason within four (4)months of the date of Contractor’s written request,Contractor may terminate this Agreement by giving written notice of termination to the City not less than four (4)months and not more than eight (8)months after the date of Contractor’s written request for such rate adjustment.This Agreement shall terminate on the date set forth in Contractor’s written notice of termination,which in no event shall be less than six (6)months from the date of Contractor’s written notice of termination. 6.4.Billing for Solid Waste Services;Delinquent Accounts Contractor shall invoice,and shall be responsible for collecting,to and from each and every Customer within the City Service Area for the Solid Waste service plan selected by the Customer.Contractor shall cause each bill to include the following information:(i) Customer name;(ii)Contractor’s Customer account information;(iii)service address; (iv)service commencement and termination dates,as applicable;(V)billing period,(vi) date of the bill;(vii)Customer’s service plan;(viii)date payment is due;(ix)date payment is delinquent;(x)charges for the Customer service plan;and (xi)additional charges,if any.Contractor shall bear the risk of collection.It is the intent of the parties that all issues relating to service and rates under this Agreement should be the responsibility of the Customer,Contractor and the City,and no third party shall have standing to request,speak or represent issues of service in the City Service Area except Comprehensive Solid Waste Collection Agreement Page 23 Page 70 of 289 for the direct Customer,Contractor or the City. Notwithstanding the foregoing,the City reserves the right as provided in Pasco City Code Section 6.04.310 to assume the obligation of billing Customers within the City Service Area for Solid Waste services provided by Contractor hereunder.If the City elects to provide such service,the City shall give Contractor six (6)months prior written notice. The parties shall negotiate in good faith the terms and conditions of the transfer of such service to the City,including without limitation,the City assuming the risk of collecting payments. 6.5.Delinquent Accounts and Other Customer Defaults Contractor shall have any and all remedies provided under Pasco Municipal Code Chapter 6.04 and,as applicable,Washington law and regulations,with respect to delinquent accounts and other defaults by Customers,including without limitation, refusing or terminating Solid Waste service,but excluding those remedies in the City’s code expressly reserved to the City.The City shall assume no responsibility for the collection of any amount due by a Customer,provided however,that the City shall cooperate in good faith with Contractor in the enforcement of Contract0r’s rights and remedies to collect any delinquent accounts or cure defaults as may be provided under Pasco Municipal Code Chapter 6.04.Contractor shall provide the City on a monthly basis a report of all service terminations during the previous month. PERFORMANCE FEES,DEFAULT AND REMEDIES 7.1.Performance Fees In the event that Contractor fails to meet any performance obligation set forth in this Agreement,the City shall give written notice to Contractor regarding such failure,in which case Contractor shall promptly take such corrective action to remedy the issue raised in the City’s written notice.In addition,City reserves the right to impose the following fines if Contractor fails to meet certain obligations as provided in this Agreement. ACTION OR OMISSION AMOUNT Collection before or after the times Fi?y Dollars ($50)per truck route (each speci?ed in this Agreement,except as truck on each route is a separate incident). expressly permitted by the City. Failure to collect missed materials within Fifty Dollars ($50)per incident to a one (1)business day after receipt of maximum of Five Hundred Dollars notice.($500)per truck per day. The performance fees schedule set forth here shall not affect the City’s ability to terminate this Agreement as provided in Section 7.2,provided however,the City acknowledges that the performance fees described in this section are an adequate remedy Comprehensive Solid Waste Collection Agreement Page 24 Page 71 of 289 for the above named defaults,and the City may not terminate this Agreement for any of the defaults described in this section unless Contractor has incurred performance fees in excess of $25,000.00 each month for at least three (3)consecutive calendar months. Contractor shall pay such performance fees within thirty (30)days of demand therefore from the City.The City shall provide Contractor with reasonably acceptable documentation supporting such performance fees together with the City’s demand therefore.Contractor may appeal any performance fees imposed under this section to the City Manager of the City of Pasco,to whom Contractor shall be allowed to present evidence as to why the amount of performance fees should be lessened or eliminated. 7.2.Default and Remedies If Contractor abandons or materially breaches its obligations hereunder or fails to fully and promptly comply with all of its provisions or fails to give reason satisfactory to the City for noncompliance,the City may then declare Contractor to be in default of this Agreement and notify Contractor of such default and shall provide Contractor with thirty (30)days to cure such default.If Contractor fails to cure such default in a timely marmer, the City may thereafter give notice of termination to Contractor and its surety.Upon receipt of any such notice,this Agreement shall terminate. NOTICES Any notice required or permitted to be given under this Agreement shall be in writing and may be given by personal delivery,by certi?ed mail,or by air courier,and if given personally or by mail,shall be deemed suf?ciently given if addressed to the City or to Contractor at the following address: The City:City of Pasco P.O.Box 293 525 N.Third Ave. Pasco,WA 9930 Attn:City Manager To Contractor:Basin Disposal,Inc. 2021 North Commercial Avenue P.O.Box 3850 Pasco,WA 99302-3850 Attn:Darrick Dietrich Mailed notices shall be deemed given on the ?fth (5th)business day following deposit in the United States mail,certi?ed postage prepaid.Notices delivered personally or by air courier shall be deemed given upon receipt.Either party may by written notice to the other specify a different address for notice purposes. Comprehensive Solid Waste Collection Agreement Page 25 Page 72 of 289 INSURANCE AND BOND REQUIREMENTS 9.1.General Insurance Requirement Contractor shall procure and maintain,at its sole expense,insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the services provided under this Agreement by Contractor,its agents, representatives,employees or subcontractors,as provided in this Section 9.Contractor’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of Contractor to the coverage provided by such insurance,or otherwise limit the City’s recourse to any remedy available at law or in equity. 9.2.Minimum Scope of Insurance Contractor shall obtain insurance that meets or exceeds the following requirements: (i)Automobile Liability insurance covering all owned,non-owned,hired,and leased vehicles.The policy shall be endorsed to provide contractual liability coverage. The City shall be named as an additional insured under Contractor’s Automobile Liability insurance policy with respect to the work performed for the City. (ii)Commercial General Liability insurance covering liability arising from premises, operations,independent contractors,products-completed operations,personal injury and advertising injury,and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 ll 85,or its equivalent. There shall be no endorsement or modi?cation of the Commercial General Liability insurance for liability arising from explosion,collapse or underground property damage.The City shall be named as an additional insured under Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City. (iii)Workers’Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (iv)Hazardous Waste Hauling.To the Automobile Liability Minimum Scope of Insurance,Pollution Liability coverage at least as broad as that provided under ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA 99 48 and the Motor Carrier Act Endorsement (MCS 90)shall be attached. 9.3.Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: (i)Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. (ii)Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence,$2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. Comprehensive Solid Waste Collection Agreement Page 26 Page 73 of 289 9.4.Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions in excess of $50,000 must be declared to and approved by the City,which approval shall not be unreasonably withheld.In the event the deductibles or self-insured retentions are not acceptable to the City,the City reserves the right to negotiate with Contractor for changes in coverage deductibles or self-insured retentions;or alternatively,require Contractor to provide evidence of other security guaranteeing payment of losses and related investigations,claim administration and defense expenses. 9.5.Other Insurance Provisions The insurance policies shall contain,or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability: (i)Contractor’s insurance coverage shall be the primary insurance with respect to the City,its of?cials,employees and agents.Any insurance,self-insurance,or insurance pool coverage maintained by the City shall be in excess of Contractor’s insurance and shall not contribute with it. (ii)Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer’s liability. (iii)Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled unless the City is given prior written notice as provided under RCW 48.18.290. 9.6.Acceptability of Insurers Contractor shall secure insurance policies from insurers with a current A.M.Best rating of not less than A:VII. 9.7.Veri?cation of Coverage Contractor shall fumish the City with original certi?cates including,but not necessarily limited to,the additional insured endorsements,evidencing the insurance policies required pursuant to this Article 9 prior to the Commencement Date. 9.8.Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certi?cates and endorsements for each subcontractor before commencement of the work.All coverages for subcontractors shall be subject to the same insurance requirements as stated herein for Contractor. 9.9.Performance Bond/Surety Contractor shall provide and maintain at all times a valid Contractor’s Performance and Comprehensive Solid Waste Collection Agreement Page 27 Page 74 of 289 10. Payment Bond or bonds,letter of credit or other similar instrument acceptable to and approved in writing by the City in the amount of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00).The bond,letter of credit or other similar instrument shall be issued for a period of not less than one year,and Contractor shall provide a new bond, letter of credit or similar instrument,and evidence satisfactory to the City of its renewability,not less than sixty (60)days prior to the expiration of the bond,letter of credit or other similar instrument then in effect.The City shall have the right to call the bond,letter of credit or other similar instrument in full in the event its renewal is not con?rmed at least ?ve (5)days before its expiration. GENERAL TERMS 10.1.Indemnification 10.1.1.Indemnify and Hold Harmless Contractor shall indemnify,hold harmless and defend the City,its elected officials,officers,employees,agents and representatives,from and against any and all claims,actions,suits,liabilities,losses,costs,expenses,and damages of any nature whatsoever,including costs and attorney’s fees in defense thereof,or injuries,sickness or death to persons,or damage to property,which is caused by or arises out of Contractor’s exercise of duties,rights and privileges granted by the Agreement,provided,however,that Contractor’s obligation to indemnify, defend and hold harmless for injuries,sickness,death or damage caused by or resulting from concurrent willful or negligent acts or actions of Contractor and the City shall apply only to the extent of Contractor’s negligence. 10.1.2.Notice to Contractor;Defense In the event an action is brought against the City for which indenmity may be sought against Contractor,the City shall promptly notify Contractor in writing. Contractor shall have the right to assume the investigation and defense,including the employment of counsel and the payment of all expenses.On demand of the City,Contractor shall at its own cost and expense defend,and provide quali?ed attorneys reasonably acceptable to the City to defend,the City,its of?cers, employees,agents and servants.The City shall fully cooperate with Contractor in its defense of the City,including consenting to all reasonable affirmative defenses and counterclaims asserted on behalf of the City.The City may employ separate counsel and participate in the investigation and defense,but the City shall pay the fees and costs of that counsel unless Contractor has agreed otherwise.Contractor shall control the defense of claims (including the assertion of counterclaims) against which it is providing indemnity under this section,and if the City employs separate counsel the City shall assert all defenses and counterclaims reasonably available to it. Comprehensive Solid Waste Collection Agreement Page 28 Page 75 of 289 10.2. 10.1.3.Industrial Insurance Immunity Waiver With respect to the obligations to hold harmless,indemnify and defend provided for herein,as they solely relate to claims against the City,its elected of?cials, officers,employees,agents and representatives,Contractor agrees to waive Contractor’s immunity under industrial insurance,Title 51 RCW,for any injury, sickness or death suffered by Contractor’s employees that is caused by or arises out of Contractor’s negligent exercise of rights or privileges granted by the Agreement. Transfer of the Contract 10.2.1.Assignments,Subcontracts and Delegations Contractor shall not assign or subcontract any of the work or delegate any of its duties under this Agreement without the prior written approval of the City and submittal of proof of insurance coverage.When requested,approval by the City of a subcontract or assignment shall not be unreasonably withheld.In the event of an assignment,subcontracting or delegation of duties,Contractor shall remain responsible for the full and faithful performance of this Agreement and the assignee,subcontractor,or other obligor shall also become responsible to the City for the satisfactory performance of the work assumed.The City may condition approval upon the delivery by the assignee,subcontractor or other obligor of its covenant to the City to fully and faithfully complete the work or responsibility undertaken.In addition,the assignee,subcontractor or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Agreement. 10.2.2.Changes in Control If Contractor is a corporation,limited liability company or limited liability partnership,then any transfer of this Agreement by merger or consolidation,or any change in the ownership o?or power to vote,the majority or controlling interest of its outstanding voting stock,membership interest,or limited partnership interests,or in the controlling interest at any tier in the ownership structure of Contractor,or change of the manager or general partner for LLCS and LPs,respectively,shall constitute an assignment for the purpose of this section.If Contractor is a partnership,then any transfer of any partnership interest shall constitute an assignment for the purpose of this section.Any transfer of this Agreement by (i)merger or consolidation,(ii)any change in the ownership of,or power to vote,the majority or controlling interest of its outstanding voting stock, membership interest or limited partnership interest,as applicable,(iii)any entity succeeding in the business and assets of Contractor,(iv)any transfer to an entity that controls or is under common control with Contractor,or (V)any transfer to a subsidiary or af?liate shall not be considered an assignment requiring the City’s consent,provided however,that in each case described above such entity has Comprehensive Solid Waste Collection Agreement Page 29 Page 76 of 289 equal or greater ?nancial net worth than Contractor on the date of transfer,such entity remains in the control of Darrick Dietrich,the transferee assumes all obligations under this Agreement and that written noti?cation of the transfer, including a copy of the transfer documentation,is provided to the City at least ?fteen (15)days prior to the transfer.For purposes of this section,the term “control”shall mean ownership of more than 50%of the outstanding voting stock,membership interest or partnership interest. 10.3.Legal 10.3.1.Laws to Govern/Venue This Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance.Venue shall be in Superior Court in the State of Washington for Franklin County. 10.3.2.Attorney Fees The Contractor agrees to pay reasonable attorney fees in the event the City is required to retain an attorney to enforce the Contractor’s obligations here under. 10.3.3.Arbitration Any disputes in the ?rst instance shall be directed to the Director of Community Development for resolution.All unresolved disputes with respect to the handling of complaints under this agreement shall be submitted to the City Manager for ?nal resolution. 10.4.Compliance With Laws Contractor shall comply with all applicable federal,state,county,and local laws,statutes, rules,regulations or ordinances,including without limitation,all health and environmental regulations and standards applying to the collection,transport and disposal of Solid Waste.Contractor shall also comply with all applicable requirements of the Federal Occupational Safety and Health Act of 1970 (OSHA),the Washington Industrial Safety and Health Act of 1973 (WISHA),and the standards and regulations issued pursuant to these statutes from time-to-time. 10.5.Non-Discrimination Contractor shall not discriminate against any employee or applicant for employment because of age,race,religion,creed,color,sex,marital status,sexual orientation,political ideology,ancestry,national origin,or the presence of any sensory,mental or physical handicap,unless based upon a bona ?de occupational quali?cation.Contractor understands and acknowledges that if it violates this non-discrimination provision and fails to cure such violation to the satisfaction of the EEOC or state agency having Comprehensive Solid Waste Collection Agreement Page 30 Page 77 of 289 jurisdiction,including without limitation,compliance with all terms and conditions set forth in a settlement agreement,this Agreement may be tenninated by the City with thirty (30)days prior written notice. 10.6.Permits and Licenses Contractor shall secure all necessary business permits and licenses necessary to provide the Solid Waste services described herein.Contractor shall duly pay all applicable taxes, fees and charges incurred,including,but not limited to,license fees and all federal,state, regional,county and local taxes and fees,including income taxes,property taxes,permit fees,operating fees,business and occupation taxes,workers’compensation and unemployment bene?ts,surcharges of any kind that apply to any and all persons, facilities,property,income,equipment,materials,supplies or activities related to Contractor’s services provided under the Agreement. 10.7.Relationship of Parties The City and Contractor expressly acknowledge that the relationship between Contractor and the City shall at all times be as an independent contractor of the City.No agent, employee,servant or representative of Contractor shall be deemed to be an employee, agent,servant or representative of the City. 10.8.Bankruptcy If (i)Contractor makes any general arrangement or assignment for the bene?t of creditors;(ii)Contractor becomes a “debtor”as de?ned in 11 U.S.C.§101 or any successor statute (unless,in the case of a petition ?led against Contractor,the same is dismissed within ninety (90)days);or (iii)the appointment of a trustee or receiver to take possession of substantially all of Contractor’s assets,where possession is not restored to Contractor within ninety (90)days,the City may terminate this Agreement upon giving Contractor written notice thereof.In the event that any provision of this section is contrary to any applicable law,such provision shall be of no force or effect. 10.9.Right to Renegotiate or Amend The City shall retain the right to renegotiate this Agreement or negotiate an amendment based on subsequent changes in and to federal,state,county or city laws,regulations or policies that materially modify the terms and conditions of this Agreement,provided however,that the City may not modify the Rate Schedule or the terms by which service rates are determined.This Agreement may be amended,altered or modi?ed only by a written amendment,alteration or modi?cation,executed by authorized representatives of the City and Contractor. Comprehensive Solid Waste Collection Agreement Page 31 Page 78 of 289 10.10.Force Majeure 10.10.1 Force Majeure Events If any Force Majeure event occurs that is not in the direct control of Contractor and which results in a detrimental effect or a material hardship to Contractor in the performance of this Agreement,Contractor may request to make an adjustments to one or more of the Solid Waste service rates or other fees included in the Rate Schedule by providing written notice to the City together with an explanation of the need for such rate adjustments arising from such Force Majeure event.Contractor shall submit such written request not more than ninety (90) days and not less than sixty (60)days prior to the proposed effective date of the requested service rate change,and the City shall promptly consider such proposed rate change.If the City requires review of Contractor’s ?nancial or other proprietary information in conducting its rate review,at the request of Contractor, the City shall retain a third party to review such information at Contractor’s expense,provided however,that Contractor may require such third party to execute a commercially reasonable con?dentiality agreement.Any such additional ?nancial review costs shall be considered allowable business expenses for future rates adjustment purposes. 10.10.2 Force Majeure Occurrences of Non—Default Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if Contractor’s performance is prevented or delayed by acts of terrorism,acts of God including landslides,lightning,forest fires,storms,?oods,freezing and earthquakes,civil disturbances,wars, blockades,public riots,explosions,unavailability of required materials or disposal restrictions,governmental restraint or other causes,whether of the kind enumerated or otherwise,that are not reasonably within the control of Contractor (“Force Majeure”).If as a result of a Force Majeure event,Contractor is unable wholly or partially to meet its obligations under this Agreement,Contractor shall promptly give the City written notice of the Force Majeure event,describing it in reasonable detail.Contractor’s obligations under this Agreement shall be suspended,but only with respect to the particular component of obligations affected by the Force Majeure event and only for the period during which the Force Majeure event exists. 10.1 1.Illegal Provisions/Severability If any provision of this Agreement shall be declared illegal,void,or unenforceable,the other provisions shall not be affected,but shall remain in full force and effect. 10.12.Waiver No waiver of any right or obligation of either party hereto shall be effective unless in Comprehensive Solid Waste Collection Agreement Page 32 Page 79 of 289 writing,specifying such waiver,and executed by the party against whom such waiver is sought to be enforced.A waiver by either party of any of its rights under this Agreement on any occasion shall not be a bar to the exercise of the same right on any subsequent occasion or of any other right at any time. 10.13.Entirety This Agreement and the exhibits attached hereto represent the entire agreement of the City and Contractor with respect to the services to be provided under this Agreement.No prior written or oral statement or proposal shall alter any term or provision of this Agreement except as provided herein. WITNESS THE EXECUTION HEREOF on the day and year ?rst herein above written. BA DISPOSAL,INC.CITY OF PASCO %%4e%” Darrick Dietrich,President Matt Watkins,Mayor Ai?mwg? ebbie Clark,City Clerk Comprehensive Solid Waste Collection Agreement Page 33 Page 80 of 289 Exhibit A De?nitions Agricultural Processed Waste:“Agricultural Processed Waste”means any waste which consists exclusively of the remainder and residue of processed fruit or vegetables. Base Tonnage:“Base Tonnage”means the original 1,500 tons of solid waste services transported and removed by the Contractor to the City without any direct cost. Biomedical Waste:“Biomedical Waste”has the same meaning set forth in WAC 480-70-O41. Bulky Materials:“Bulky Materials”means bags,boxes,or bundles,or empty carriers,cartons, boxes,crates,etc.,or materials offered for disposal,all of which may be readily handled without shoveling (not loose,uncontained materials).Individual items shall not exceed two feet by two feet by ?ve feet (2’x 2’x 5’)in dimension,and not weight more than 65 pounds. Charge:“Charge”means a set ?at fee for performing a service.Or,the result of multiplying a rate for a unit times the number of units transported. City:“City”means the City of Pasco,Franklin County,Washington. City Service Area:“City Service Area”means the current corporate limits of the City, excluding only those areas for which a different Solid Waste collection company is providing Solid Waste service pursuant to a pre-existing franchise or permit. Commercial Customer:“Commercial Customer”means all non—Residential Customers, including but not limited businesses,institutions,governmental agencies,and all other users, including occupants of Residences,Mobile Home Parks,Multi-Family Complexes and Mixed- Use Buildings,of commercial-type Solid Waste collection services. Compactor Disconnect/Reconnect Charge:“Compactor Disconnect/Reconnect Charge”means a ?at fee established by the solid waste collection company for the service of disconnecting a compactor from a drop box or container before taking it to be dumped,and then reconnecting the compactor when the drop box or container is returned to the customer’s site. Container:“Container”means any Detachable Container,Drop-Box Container,or wheeled cart owned and provided by Contractor. Contractor:“Contractor”means Basin Disposal,Inc. Curb or Curbside:“Curb"or “Curbside”means a location on a Residential Customer’s property within ?ve (5)feet of a Public Street or Private Road without blocking sidewalks, driveways or on-street parking. Comprehensive Solid Waste Collection Agreement,Exhibit A Page 1 Page 81 of 289 Customer:“Customer”means all entities or persons required to utilize Solid Waste services within the City Service Area,including property owners,property managers and tenants,or as otherwise defined in Pasco Municipal Code Chap.6.04. Detachable Container:“Detachable Container”means a watertight metal or plastic Container equipped with a tight-?tting cover,capable of being mechanically unloaded into a collection vehicle,and that is not less than one and a half (1.5)cubic yards or greater than eight (8)cubic yards in capacity. Drop-Box Container:“Drop-Box Container”means an all-metal Container with ten (10)cubic yards or more capacity that is loaded onto a specialized collection vehicle,transported to a disposal or recycling site,emptied and transported back to the Customer’s site. Exercise Date:“Exercise Date”means the date that the City counter signed the Contractor’s proposal that the City requested under section 5.5 (Recyclable Materials and Green Waste)of this contract. Gate Charge:“Gate Charge”means a ?at fee charged for opening,unlocking,or closing gates in order to pick up solid waste. Garbage:“Garbage”means all putrescible Solid Waste. Hazardous Waste:“Hazardous Waste”means any substance that is: A.De?ned as hazardous by 40 C.F.R.Part 261 and regulated as Hazardous Waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act (“RCRA”)of 1976,42 U.S.C.§6901 et seq.,as amended by the Hazardous and Solid Waste Amendments (“HSWA”)of 1984;the Toxic Substances Control Act,15 U.S.C.§2601 et seq.;or any other federal statute or regulation governing the treatment,storage,handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA. B.De?ned as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely Hazardous Waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act,Chapter 70.105 RCW,or any other Washington State statute or regulation governing the treatment,storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW. C.Hazardous Waste shall not include any materials de?ned as Household Hazardous Waste. Household Hazardous Waste:“Household Hazardous Waste”has the same meaning set forth in RCW 70.102.010(2),together with any applicable regulations promulgated by the Washington Department of Ecology pursuant thereto. Loose Material:“Loose Material”means material not set out in bags or containers,including materials that must be shoveled. Comprehensive Solid Waste Collection Agreement,Exhibit A Page 2 Page 82 of 289 Mixed Paper:“Mixed Paper”means magazines,junk mail,phone books,bond or ledger grade paper,cardboard,paperboard packaging,paper cups and other ?ber-based materials meeting industry standards,but excluding tissue paper,paper towels,food-contaminated paper or paper packaging combined with plastic,win;and foil. Mixed-Use Building:“Mixed-Use Building”means a structure inhabited by both Residential and Commercial Customers. Mobile Home Park:“Mobile Home Park”shall mean a parcel of land which has been planned, improved or is currently used for the placement of mobile homes and contains more than one (1) mobile home lot.Mobile Home Parks shall be billed collectively for collection service. Multi-Family Complex:“Multi-Family Complex”means a multiple-unit Residence with three or more attached units and billed collectively for collection service. Packer:“Packer”means a device or vehicle specially designed to pack loose materials. Pass Through Fees:“Pass Through Fees”means a fee collected by a solid waste collection company on behalf of a third party when the fee is billed directly to the customer without markup or markdown. Permanent Service:“Permanent Service”means Container and drop-box service provided at the customer’s request for more than 90 days. Private Road:“Private Road”means a privately owned and maintained right of way or access easement that allows for access by a service vehicle and that serves multiple Residences. Public Street:“Public Street”means a public right-of-way or easement maintained by the City, County or the State and used for travel by the public. Rate:“Rate”means a price per unit or per service.A rate is multiplied times the number of units or services. Recyclable Materials:“Recyclable Materials”means materials consisting of aluminum cans and foil;corrugated cardboard;tin cans;recyclable plastic containers that did not contain Biomedical Waste,Hazardous Waste or Household Hazardous Waste;Mixed Paper;newspaper; and such other materials that the City and Contractor may detemiine from time to time to be recyclable and are otherwise consistent with all applicable ordinances or comprehensive solid waste plans of the City,if any. Residence/Residential:“Residence”or “Residential”mean a living space,with a kitchen, individually rented,leased or owned. Residential Cart:“Residential Cart”means a 64-or 96-gallon wheeled cart suitable for deposit, storage and collection of Solid Waste. Comprehensive Solid Waste Collection Agreement,Exhibit A Page 3 Page 83 of 289 Residential Customer:“Residential Customer”means all Customers residing in a Single- Family Residences. Service Accord:“Service Accord”means limited services that the Contractor agrees to provide to The City as described in Exhibit “E” Single-Family Residence:“Single-Family Residence”means all one-unit houses,each living unit of a duplex if billed individually,and mobile homes that are billed for collection service individually and located on a Public Street or Private Road,and not part of a Mobile Home Park. Solid Waste:“Solid Waste”shall have the same meaning set forth in RCW 70.95.030,but shall not include Biomedical Waste,Hazardous Waste or Household Hazardous Waste.If and when the City permits a separate collection service for Recyclable Materials and Green Waste at City’s request or under the jurisdiction of the WUTC,Recyclable Materials and Green Waste shall be deemed to be separate categories of Solid Waste where expressly provided in this Agreement. Special Pickup:“Special Pickup”means a pick-up requested by the customer at a time other than the regularly scheduled pick-up time,that requires the special dispatch of a truck.If a special dispatch is required,the company will assess time rates established in the Contractor’s Exhibit. Solid Waste Unit:“Solid Waste Unit”means a receptacle made of durable,corrosion—resistant, nonabsorbent material that is watertight,and has a close-?tting cover and two handles,or is a bag,box,or bundle that contains Solid Waste.A Solid Waste Unit can hold no more than thirty- two gallons or four cubic feet of Solid Waste,and weigh no more than 65 pounds when ?lled.In addition,a Solid Waste Unit shall not exceed two feet by two feet by five feet (2’x 2’x 5’)in dimension. Unlocking:“Unlocking”means a ?at fee imposed by a solid waste collection company when the company's personnel must unlock padlocks or other locking devices to perform pickup services. WUTC:“WUTC”means the Washington Utilities and Transportation Commission. Comprehensive Solid Waste Collection Agreement,Exhibit A Page 4 Page 84 of 289 Exhibit B City Service Area n 3 C E 33 City of Pasco City Limits 2015 Comprehensive Solid Waste Collection Agreement,Exhibit B Page 1 Page 85 of 289 30-Oet-l5 Index Index Item 5 Item 40 Item 45 Item 50 Item 51 Item 53 Item 70 Item 80 Item 100 Item 100 Item 150 Item 160 Item 200 Item 205 Item 207 Item 21 0 Item 230 Item 240 Item 240 Item 255 Item 260 Item 270 Exhibit C Rate Schedule Page Index of Items Index by Item Index by Topic Application of Rates -Taxes Material Requiring Special Equipment,Precautions,or Disposal Material Requiring Special Testing and/or Analysis Retumed Check Charges Restart Fees New Customer Prepayrnents Return Trips Carryout Service Residential Can/Unit Service,Curbside Recycling,Greenwaate Service Residential Can/Unit Service,CurbsideRecycling,Greenwaste Service Loose and/or Bulky Material Time Rates Application of Detachable Container and/or Drop Box Rates -General Roll—OutCharges -Residential Carts and Detachable Containers Excess Weight -Rejection of Load,Overweight Charges to Transport Washing and Sanitizing Residential Cans,Detachable Containers and Drop Boxes Disposal Fees Container Service -Non-compacted Cart Container Service -Non-compactedContainer Container Service -Compacted -Customer-owned Container Drop Box Sen/ice -Non-Compacted -Company—OwnedDrop Box Drop Box Service -Compactcd -Company-Owned Drop Box Comprehensive Solid Waste Collection Agreement,Exhibit C Page 1 assess;::ms:sww«mmm»m»w~Lg Page 86 of 289 30-Oct-1 5 Page 3 Index of Topic Item No ?g; Index by Item ...2 Index by Topic 3 Bulky Material 1 50 11 Carryout service‘80 8 Detachable Container service,compacm 255 21 Detachable Container service,non-compacted,240 18 Detachyable Containers and/or Drop Boxes,availability 200 13 Detachable Containers and/or Drop Boxes,general rules 200 13 Detachable Containers and/or Drop Boxes.washing and sanili?ng 210 16 Prepayrnents.53 6 Disposalfees.230 17 Drop-box service,Cornpacted,270 23 Drop-Box service,Non-Compacled,.,.,260 22 Excess Weight -Rejection of Load,Overweight Charges to Transport..207 15 Residential Service .100 9 Restart Fees.5|5 Return Trips 70 7 Roll-out charges...205 14 Time mtes..160 l2 Comprehensive Solid Waste Collection Agreement,Exhibit C Page 2 Page 87 of 289 30-Oct-15 Page 4 Item 5 Item 5 --Agglication of Rates —Taxes Entity imposing:-ax:Description Amount of tax:Amalication(Commodities) Cityof Pasco Pasco Utili?Tax 8.50%AgulicalaleCustomers -Revenue State of Washggton WA Solid Waste Tax 3.60%Applicable Customers -Revenue Note 1:The rates defined within this Exhibit C include the Pasco Utility Tax of 8.5%. Note 2:The Washington State Solid Waste Tax will be applied as a line item to the rates as de?ned within this Exhibit C. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 3 Page 88 of 289 30-Oct-15 Items 40,45,50 Item 40 ~—Material Reguiring Sp_eciaI Quipment,Precautions,or Dismsal Transportation of solid waste requiring special equipment or precautions in handling or disposal will be subject to Time Rates named in Item 160,or to other speci?c rates contained in this appendix. Contractor will make every effort to be aware of the commodities that require special handling at the disposal sites,The Contractor shall maintaina list of those commoditiesand make it available for public inspection at the Contractors office Item 45 -4 Material Reguiring Sgcial Testing and/or Analysis When the Contractor or disposal facility determinesthat testing and/or analysis of solid waste is required to determine whether dangerous or prohibited substances are present,the actual cost for such testing and/or analysis will be paid by the customer.At the Contractors election,they may help provide the customer with testing and/or analysis of the dangerous or prohibited substance.If the Contractor elects to help with the testing and analysis,these costs will be passed through In the customer Item 50 --Returned Check Charges Returned Check Charge.Ifa customer pays with a check,and the customer's bank refuses to honor that check,the customer will be assessed a Return Check Charge in the amount of §”§§.0D. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 4 Page 89 of 289 30-Oct-15 Page Items 51 and 53 Item 51 --Restart Charge A Restart Charge will be assessed on all customers whose service is discontinued for non-payment and who subsequently reinstate services. Restart Charges are as follows: A Restart Charge of ?3.40 will be assessed to Residential Cart customers whose service is discontinued for non-payment.Please see Item 100. A Restart Charge of $43.40 will be assessed to Detachable Container customers whose service is discontinued for nun-payment.Please see Item 240. A Restart Charge of §43.40 will be assessed to Drop Box customers whose service is discontinued for non-payment.Please see Item 260. Item 53 --Prepaments for Residential,Commercial,Drop Box and Temporag Customers A Prepayment of $5.00 will be assessed to all first time (new)Residential Customers. The prepayment will be applied to the customer's account in the event of non-payment,after one year of service,or be returned to the customer upon tamitiation of the residential service.Please see Item 100. A Prepayment is equal to the first month‘:cost of service,and will be assessed to all first time (new)Commercial Customers.The prepayment will be appliedto the customer's account in the event of non-payment,after one year of service,or be returned to the customer upon termination of the commercial service.Please see Item 240 &255. A Prepayment of_$250.00 will be assessed to first time (new)Drop Box Customers. The prepayment will be applied to the customer's account in the event of non-payment,a?er one year of service,or be returned to the customer upon terrninatiori of the Drop Box service.Please see Item 260 &270. A Prepayment will be assessed for each given Temporary Service,and will be assessed at the time the customer signs up for the Temporary Service.The Prepayment will be appliedto the customer's account upon termination of the Temporary Service.Please see Items 240 &260 Comprehensive Solid Waste Collection Agreement,Exhibit C Page 5 Page 90 of 289 30-Oct-1 5 Page 7 Item 70 --Return Trigs When the Contractor is required to make a Return Trip,that does not require the special dispatchof a truck,to pick up material that was unavailable for collection for reasons under the control of the customer,the following additional charges,per pickup,will apply: Tvg ut‘Container Return Trig Charge Residential Cart (Senior only),64 gallons ...........r,3 11.00 Residential Cart,96 gallons .............$11.00 Detachable Container (Container).............S 21.85 Comprehensive Solid Waste Collection Agreement,Exhibit C Page 6 Page 91 of 289 30-Oct-15 Page 8 Item 80 Item 80 -—Carrv—OutService Contractor will assess the following additional charges when customers request that Contractor personnel provide Carry-Out Service of Residential Cans/Units not placed at the curb,the alley,or other point where the Contractor's vehicle can be driven to within ?ve feet of the Residential Cans/Units using improved access roads commonly available for public use.Driveways are not considered improvedaccess roads commonlyavailable for publicuse. Cara-Out Charge Commercial Rates Per Unig Per Pickup 64 or 96 gallon Cart 5 3.25 that must be carried auxaver 5 feet,but not over 25 jeet. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 7 Page 92 of 289 30-Oct-15 Page 9 Item 100 Item 100 --Residential Service —-Monthy Rates gcontinued on next gage! Rates below apply in the followingservice area'City of Pasco Number of Frequency Garbage Recycle Greenwaste Units or Type 411‘Service Service Service of Residential Carts Service gg ,R_2_te Q (1)64 gallon Residential Qrt (Senior/Low Income Only)WG $9.22 #N/A #N/A (1)96 gallon Residential Cart WG 3 18.45 #N/A #N/A (1)MulLiFamily/Duplex 96 gallon ResidentialCart WG $18.45 #N/A #N/A Each Additional96 gallon ResidendalCan WG $1.90 #N/A #N/A Frequency of Service Codes:WG=Week1yGarbage;NA=Service is not available at this time Comprehensive Solid Waste Collection Agreement,Exhibit C Page 8 Page 93 of 289 30-Oct-15 Note l: Note 2: Note 3: Note 4: Note 5: Note 6: Note 7: Note 8: Page 10 Tue of service Q Prepayment Charge $35.00 Restart Charge $43.40 Return Trip Charge as 1 1.00 Carry Out Service-up to 25 feet $3.25 Replacement Cart Charge S 8500 Return Check Charge $35.00 Freon DischargeCharge {/417171iances)$35.00 Passenger Tire Charge $5.00 Truck Tire Charge $10.00 A Prepayment Charge ofwill be assessed to a first time (new)Residential Oistomers. The prepayrrlem will be applied to the customers account in the event of noirpayrnent,after one year of service.or be retumed nothe cusmmerupon Lenmnationof the residentialservice,Please see Item 53. A Restart Charge will be assessed on all customers whose service is discontinued for non-payment and who subsequently reinstate services.Please see Item 51 . If the customer requests the Contractor to make a Return Trip Charge due to no fault of Contractor,Contractor shall be permitted to charge the Customer a Return Trip Charge Please see Item 70 Contractor will assess additional charges (Item 80)when customers request that Contractor personnel provide Carr_v—O|ItService of Residential Cans/Units not placed at the curb,the alley,or other point where the company:vehicle can be drivm to within five feet of the Residential Cans/Units using improved access roads commonly available for public use Driveways are not considered improved access roads commorilvavailable for nublic use. Ifany customer who destroys a Cart,does not return the Cartupon tennination,or service is shut off for non-payment and they refuse to surrender the Cart a Replacement cm Charge will be charged If a customer pays with a check,and the customers bank refuses to honor that check,the customer will be assessed a Return Check Charge. If a customer requests Contractor to pick up any appliance that comains Freon the customer will be charged a From:Discharge Charge. If a customer disposes of more than 4 passenger car tires,with or without rims,the Contractor will charge an additional Passenger or Truck Tire Charge. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 9 Page 94 of 289 30-Oct-15 Page 11 Item 150 Item 150 --Units,Bully Material &Aggliauceg,Furniture Minimum Charge Rate Per PlCl(l.I2 Solid Waste Umt $3.80 per unit N/A Bulky Materials S 14.15 per L-ubicyard S 1415 Appliances,Fumimre Items 3 14.15 perilem $14.15 Freon Discharge Charge 3 35.00 per item N/A Note 1:"Solid Waste Units"and "Bulky Materials"charges only apply when items are not properly containedfor collectnm as defined in section 5.1.1 of die contract Please see below refexenced Notes 2 and 3 for definition of sizes and containment of solid waste and bulky items. Note 2:"Bulky Materials"means begs,boxes,or bundles;or empty can-lets,cartons,crates ormatexials offered for disposal all of which may be readily handledwithout shoveling (not loose,uncontained materials)Individualitems shallnot exceed two feet by two feet by five feet (2'X 2’X 5')in dimension, and not weigh more than 55 pounds. Note 3."Solid Waste Unit"is defined in the Comprehensive Solid Waste Agreement,but generally means any mdividualreceptacle,can,plastic bag,cart,box,carton,or othez container that does not hold more than 32 gallons or 4 cu R of solid waste.and which does not weight more than 55 pounds when filled. Note 4:Appliances will be charged at the per item rate noted above.Lfthe Appliance has Freon, the Freon Disclmrge Charge will also be applied Comprehensive Solid Waste Collection Agreement,Exhibit C Page 10 Page 95 of 289 30-Oct-15 Page 12 Item 160 Item 160 --Time Rates When time rates apply.Time Rates named in this Item apply: (a)When material must be taken to a special site for disposal; (b)When the Contractor's equipment must wait at or return to,a customer's site to provide scheduled service due to no disability,fault,or negligence on the part of the company.Actual waiting time or time taken in retuming to the site will be charged for;or (c)When a customer orders a single,special,or emergency pickup,or when other items in this tari?‘ refer to this Item. How rates are recorded and charged.Time must be recorded and charged for to the nearest increment of 15 minutes.Time rates apply for the period from the time the Contractors vehicle leaves the terminal,until it returns to the terminal,or when it leaves its prescheduled route and drives towards the Customer's site, excluding interruptions.An interruption is a situation causing stoppage of service that is in the control of the company and not in the control of the customer.Examples include:work breaks,breakdown of equipment, and similar occurrences. Disposal fees in addition to time rates.Item 230 Disposal Fees for the disposal site or facility used will apply in addition to time rates. Rate Per Hour Each Extra Minimum T e of ui merit ordered Truck and Driver Person Charge Single rear drive axle:$60.00 $40.00 S 4000 Tandem rear drive axle:$95.00 $47.50 S 47.50 Comprehensive Solid Waste Collection Agreement,Exhibit C Page 11 Page 96 of 289 30-Oct-15 Page 13 Item 200 Item 200 ~-Detachable Containers and/or Drop Boxes --General Rules Availability.Contractor must maintain a supply of all sizes of Containers and Drop Boxes for which rates are listed in this Appendix.Ifa customer requests a Container or Drop Box of a size listed in the Contractor's Appendix,and the Contractor is unable to provide the requested size within 7 days of the customer request,the customer must be noti?ed in writing or by telephone. Alternate-sized Containers and/or Drop Boxes.Ifthe Contractor cannot provide the requested- sized Container or Drop Box (and that size is listed in this exhibit),the Contractor must provide altemate-sized Containers or Drop Boxes,sufficient to meet the capacity originallyrequested by the customer,at the same rates as would have applied for the requested Container or Drop Box. Disposal fees due on alternatevsized Drop Boxes.Ifthc Contractor provides altemate-sized Drop Boxes,the customer is responsible for all applicable disposal fees resulting from t.heuse of the alternate Drop Boxes Rates on partially-filled Containers and/or Drop Boxes.Full pickup and rental rates apply regardless of the amount of waste material in the Container or Drop Box at pickup time. Rates for compacted materials.Rates for compacted material apply only when the material has been compacted before its pickup by the Contractor (See Section 4.25 of Contract). Rates for loose material.Loose material dumped into the Contractor's packer truck is subject to the rates for nomcompacted material even though the material may be compacted later in the packer truck Permanent and Temporary Service.The following rules apply: (a)lfa customer requests a Container or Drop Box for less than 90 days,the customer will be billed at Temporary Service rates. (b)lfa Temporary Service customer notifies the Contractor that it has decided to retain the Container or Drop Box for more than 90 days,Permanent Service rates Wlll be assessed from the 91st day until the end of the period the customer retains the Container or Drop Box (0)Ifa customer requests a Container or Drop Box for more than 90 days,the customer will be billed under permanent rates.lfthat customer cancels service before the end of the 90-day period, the company may not rebill the customer at Temporary Service rates.The intent of the customer at the time service was requested applies. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 12 Page 97 of 289 30-Oct-15 Page Item 205 Item 205 --Roll-Out Charge,and Gate Charge Charges for Carts and Containers The Contractor will assess Roll-Out Charges where,due to circumstances outside ofthe control of the driver,the driver is required to move the Cart or Container more than ?ve (5)feet,but less than twenty-?ve (25)feet in order to reach the truck. The charge for this Roll-Out Charge is: $.25 per Cart or Container,per pickup The Contractor will assess a Gate Charge where the driver is required to unlock a container,locking bar,enclosure or open a gate in order to access a Cart or Container. The charge for this Gate Charge is: $325 per pickup Comprehensive Solid Waste Collection Agreement,Exhibit C Page 13 14 Page 98 of 289 30-Oct-15 Page 15 Item 207 Item 207 ~Excess Weight -—Rejection 0!‘Load,Charges in Transport The Contractor reserves the right to reject pickup of any DetachableContainer,stationary packer,or Drop Box which, upon reasonable inspection: (1)Appears to be overloaded (2)Would cause applicable vehicle load Limitatiomto be exceeded; (3)Would cause the company to violateload limitationsor result in unsafe vehicle operation; (4)Would negatively impact or otherwise damage road surface integrity;and/or (5)Contains anything that appears not to be MSW or could do damage to the vehicle. For the purposes of this Appendix the followingmaximumweighis apply Typelsize of Maximum Weight Container,Drop Box,Allowance per or Cart Becegcle [in pounds} Carts -64 Gallon 120 lbs Carts -95 Gallon 180 lbs Detachable Containers —l to 8 cu yds 1,20)lbs Drup Boxes -All Sizes 20,000 lbs Over?lled or overweight,charges if transported.If the Container,Drop Box,or Cart exceedsthe limis stated above,is ?lled beyond the marked ?ll line,or the top is unable to be closed,but the Coriu-actortransports the materials,the following additionalcharges will apply TypeISize of Container,Drop Box, gr Cart Chage Carts -All Sizes §i00 Per Pickup Detachable Container ~1 to 8 cu yds §14.1S Per Yard Drop Boxes —All Sizes 514.15 Per Yard Cumpacted material $8.30 Per Yard Comprehensive Solid Waste Collection Agreement,Exhibit C Page 14 Page 99 of 289 30—Oct-15 Page Item 2 l 0 ts 210 --Waslzi and ni i eiachable Containers and]r Boxes Upon customer request,the Corlmacmr will provide washing and sarlitizing serviceat the following rates: Size or Type of Container or DronBox E Steam Cleaning -Delachable Col-nainer 3 40.50 Steam Cleaning -Drop Box $100.50 Note 1:The rate for washing and sanitizing Detachable Containers and Drop Boxes includes the fee for delivering the newly cleaned Detachable Container or Drop Box back to the custolnefs location Comprehensive Solid Waste Collection Agreement,Exhibit C Page 15 16 Page 100 of 289 30-Oct-15 Page Item 230 Item 230 ~-Disposal Fem Charges in this item apply when other items in this Appendix speci?cally refer to this item. Type of Material Fee for Disposal MSW $44.31 Green Waste #N/A Commingled Recycle #N/A Note 1:The DisposalFee includes the Pasco Utility Tax of 8.5% Comprehensive Solid Waste Collection Agreement,Exhibit C Page 16 Page 101 of 289 30-Oct-15 Page Item 240 Item 240 —-Commercial Cart Service —~Dumped in Cnmpany‘s Vehicle Nomcompacled Material Rates stated per Commercial Cart per month Service Area:City of Pasco Size or Type ol'Container Permanent Service 64 Gal Cart 96 Gal Curl Pickup .One Time per Week $21.70 $40.15 Pickup -Two Times per Week 3 43.40 $30.30 Special Pickups 3 16.00 $2027 Additional Pickup $5 00 $9.27 Return Trip Charge $11.00 $11.00 Restart Charge $43 40 $43 40 Temporag Service Delivery $11.00 $11.00 Pickup Rate 3 7.00 $12.97 Rent Per Calendar Day $5.50 $5.50 Prepayment 3 35.00 $35 00 Note]:Permanent Service:Service is de?ned as no less than scheduled,every week pickup, Customer will be charged for service requested,even if fewer containers are serviced on a particular trip.No credit will be given for partially-filled containers. Note 2'Permanent Service‘A Prepayment of $35.00 will be assessed to all first time (new)Commercial Customers.The Prepayment will be applied to the customers account in the event ofnon-payment,a?er one year of service,or be returned to the customer upon termination of the commercial service. Note 3:Special Pickup is the Bach Addt‘l Pickup rate plus Item 70 Return Trip -Carts. Note 4:Restart subject to Item 51 —Restart Charges Note 5:A Prepayment will be assessed on Temporary Service accounts as noted above. Accessorial Charges gllds,unlocking,unlalcliing,etc.) Note 5: Note 7' A Gate Charge of $3.25 will be assessed on each pickup where the driver is required to unlock a container,locking bar,enclosure or open a gate in order to access a Cart or Container. A Return '1‘rip Charge of?li will be assessed when the company driver is required to make a return trip,that does not require the special dispatch of a truck,to pick up a Can or material that was unavailable for collection for reasons under the control of the customer. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 17 18 Page 102 of 289 30-Oct-l 5 Page 19 Item 240 Item 240 ——Detachable Container Service -~Dumped in Company's Vehicle (continuedi Non-compacted Material Rates stated per Detachable Container,per month Service Area:City of Pasco Size or Type of Container Permanent Service 15 Yard 2 Yar 3 Yard 4 Yard 6 are!8 Yard Pickup -One Time per Week S 110.00 S 130 00 S 150 00 $185.00 $235.00 $300 00 Pickup -Two Times per Week 5 212.00 $250 00 3 290.00 $365.00 Si 465.00 $585.00 Pickup -Three Times per Week 3 320.00 S 375.00 3 435.00 $540.00 S 69000 $880.00 Pickup »Four Times per Week 3 425.00 S 495.00 $570.00 S 705.00 $910.00 5 1,150 00 Pickup -Five Times per Week $520.00 S 610.00 $705.00 $870.00 $1,140.00 $1,425.00 Special Pickups $47.24 S 51.85 $56.47 $64.55 $76.08 $9109 Additional Piclcup S 25 39 $30.00 S 34.62 $42.70 $54.23 $69.24 Retum Trip Charge $21.85 $21.85 $21.85 $21.85 3 21.85 $21.85 Restart Charge $43.40 S 43 40 $43.40 5 43.40 $43.40 $43.40 Temporary Service 1 Delivery #N/A #N/A S 21.85 3 21.85 $21 85 $21.85 Pickup Rat/e #N/A #N/A $55.25 $65.25 $80.25 S 100.25 Rent Per Calendar Day #N/A #N/A $5.50 $5.50 S 5.50 $5.50 Prepayment #N/A #N/A 35125.00 5 125.00 S 125.00 $125.00 Notel:Permanent Service:Service is defined as no less than scheduled,every week pickup. Customer will be charged for service requested,even if fewer containers are serviced on a particular trip.No credit will be given for partia1ly»fi1led containers. Note 2:Special Pickup is the Each Addt'l Pickup rate plus Item 70 Return Trip -Container Note 3:Restart subject to Item 51 -Restart Charges Note 4:Permanent Service:A Prepayment is equal to the first month's cost of service,and will be assessed to all first time (new)Commercial Customers.The prepayment will be applied to the customer's account in the event of non-payment,after one year of service, or be returned to the customer upon tenninationof the Commercial Service Please see Items 240 and 255. Note 5:A Prepayment will be assessed on Temporary Service accounts as noted above. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 18 Page 103 of 289 30-Oct-l 5 Page 20 Item 240 Accessorial Charges [lids unlocking,unlatching,elc.)_ Note 6.A Gate Charge of $3.25 willbe assessed on each pickup where the driver is required to unlock a container,lockingbar,enclosure or open a gate in order to access a Caxtor Container, Note 7:A Return Trip Charge of SLSS will be assessed when the company driver is required to make a return trip,that does not require the special dispatch of a truck,to pick up 3 Container or materialthat was unavailable for collectionfor reasons under the control of the customer. Note 8:If customer requires a Loeking Container,21 one time fee of $95.00 will be assessed. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 19 Page 104 of 289 30-Oct-15 Page 21 Item 255 Item 255 ~-Detachable Container Service ~Dumgd in CommnfsVehicle Compacted Material Rates stated per Detachable Container,per onth Service Area:City of Pasco Size or Type of Container Permanent Service 2 Yard 3 Yard 4 Yard 6 Yard Pickup —One Time per Week S 170.35 $205.35 $250.35 S 325.35 Pickup -Two Times per Week $340.70 $410 70 3 500.70 $650.70 Special Pickups S 61.19 8 69.27 S 79.67 3 9699 Additional Pickup $39 34 S 47.42 $57.82 $75.14 Return Trip Charge $21.85 $21.85 $21.85 39 21.85 Restart Charge $43 40 $43.40 3 43.40 5 43.40 Note 1:Permanent Service:Service is defined as no lessthan scheduled,every week pickup. Customer will be charged for service requested,even if fewer containersare serviced on a particular trip.No credit will be given for partially-?lled containers. Note 2:Special Pickup is the Each Addrl Pickup rate plus Item 70 Return Trip -Container, Note 3'Restart subject to Item 51 ~Restart Charge. Note 4:Permanent Service:A Prepayment is equal to the first months cost of service,and will be assessed to all first time (new)Commercial Customers.The prepayment will be applied to the customer's account in die event ofnon-payment,after one year of service, or be returned to the customer upon termination of the Commercial Service Please see Items 240 and 255. Atcessurialcharges assessed(‘Q,gnlocldng,uglatching,etc] Note 5:A Gate Charge of $3.25 will be assessed on each pickup where the driver is required to unlock a container,locking bar,enclosure or open a gate in order to access a Cart or Container. Note 6:A Return Trip Charge of $11.85 will be assessed when the company driver is required to make a return trip,that does not require the special dispatch of a truck,to pick up a Cart or Container or material that was unavailable for collection for reasons under the control nf the nictnmar Note 7 A Disconnectflieeonneet Fee of $3.25 per pickup will be assessed when Containers are attached to a compactor that requires disconnecting or reconnecting. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 20 Page 105 of 289 30-Oct-15 Page 22 Item 260 Item 260 mp Box Service —»To Disposal Site and Return N on-Com patted Material Rates stated per Drop Box,per pickup Service Area.City of Pasco Permanent Service Delivery Charge Haul Charge Trip Charge Iv?nimumMonthly Charge Prepayment Restart Charge Size or Type of Container ll Yard/15 Yard 20 Yard 30 Yard 40 Yard 50 Yard 55.00 55.00 3 55.00 $55.00 S 5500 140.00 145.00 $150.00 $160.00 $170.00 55.00 55.00 $55.00 $55.00 3 55.00 140.00 145.00 $150.00 $160.00 $17000 3000 250.00 $250.00 S 250.00 $250.00 43.40 43.40 $43.40 S 43.40 $43.40 esaaeameneeesaaeaeeeam Temporary Service Delivery Charge Haul Charge Trip Charge Daily Rental Charge Prepayment Note 1: Note 2: Note 3. Note 4: Note 5. Note 6: 55.00 140.25 55.00 7.50 50.00 55.00 S 55.00 $55.00 3 55.00 145.25 $150.25 $160.25 S 17025 55.00 $55.00 $55.00 S 55 00 7.50 $7.50 S 7.50 S 7.50 250.00 3 250.00 $250.00 S 250.00 eeweneaeaasegmuam Rates in this item are subject to Disposal Fees named in Item 230. Temporary Service.means providing Drop Box service at the customers request,for a period of ninety days or less. Permanent Service:means Drop Box service provided at customers request for more than 90 days. For Pennanent Service accounts,if a Drop Box is retained by a customer for a full month and no pickups are ordered,a Minimum Monthly Charge will be assessed Restart subject to Item 51 —Restart Charge -Drop Box. Rates named in this item apply for all hauls within the City Limits of Pasco,to the disposal site Any miles driven outside t.he City limits of Pasco will be charged for at§.25 per mile.Mileage Charge is in addition to all regular clmrges. A Prepayment will be assessed on Temporary Service accounts as noted above. Accessurial charges assessed {lids}unlocking,unhtchlng,eIc.)_ Note 7: Note 8. A can Charge or 33.25 will be assessed on each pickup where the driver is required to unlock a container,locking bar,enclosure or open a gate in order to access 2:Cart or Container. A Trip Charge of S§.00 will be assessed when the company driver makes a trip to the customers location,but.due to reasons under the control of the customer,was not able to complete the haul Comprehensive Solid Waste Collection Agreement,Exhibit C Page 21 Page 106 of 289 30-Ocl—15 Page 23 Item 270 item 270 --Drag Bax Se?ice --To Disposal and Relgrll Compacted Material Rates stated per Drop Box,per pickup Service Area:City of Pasco Sin or Type of Container Permanent Service 15 Yd 20 Yd 20 Yd 30 Ydl35 Yd 40 Yd Delivery Charge $55.00 $55.00 $55.00 3 55.00 $55.00 H.aulCl1a.rge $165.00 $155.03 $165.00 3 l55.00 5 165.00 Trip Charge $5500 $55.00 $55.00 3 55.00 3 55.00 Prepayment $250.00 $250.(X)$250.00 $250.00 $250.00 Restart Charge $43.40 3 43.40 $43.40 $43.40 $43.40 Note 1.Rates in this item are subject to Disposal Fees named in Item B0. Nole 2:If a Drop Box is retained by a customer for a full month and no pickups are ordered, and the Drop Box is owned by the Contractor,a Monthly Charge will be assess ed. Note 3:Restart subject to hem 5]~Restart Charge -Drop Box Note 4;Rates named in this item apply for all hauls within the City Limils of Pasco,to the disposal site. Any miles driven oumide the City limits of Pasco Wl.iibe charged for at $.25 per mile.Mileage Charge is in addition to all regular charges. Accessorial cIza_rges ssessed gggds,unlocking,Imlatching,en.-.g Note 5: Note 6: Note 7' Note 8: A Gate Charge of 13.25 will be assessed on each pickup where the driver is required to unlock a container,locking bar,enclosure or open a gate in order to access a Can or Container A Compactor Disconnectlkeconnect Charge of §3.25 per haul will be assessed when Drop Boxes with compactors require connecting or disconnecting. A Turn Around Charge of 330,00per haul will be assessed when company driver has to mm the Drop Box around in order to empty and/or reconnect the Drop Box. A Trip Charge of $55.00 will be assessed when the company driver makes a trip to the customers location,but due to reasons under the control of the customer, was not able to complete the haul Comprehensive Solid Waste Collection Agreement,Exhibit C Page 22 Page 107 of 289 Exhibit D WACOD Adjustment Formula The following de?nitions apply to the calculation of the WACOD Adjustment: If the following is true: Change in Volume =(TONSCp-T0NSBp )/TONSB1»>=5% Then,the following calculation shall be made by the Contractor: WACOD Adjustment =WACOD Expense X WACOD Change The following de?nitions shall apply to the above formulas: O O C C C I C O O I I WACOD Expense =the proportion of approved rates attributable to gross Solid Waste disposal expense,hereby ?xed at %. WACOD Change =(WACODCp-WACODBP)/WACODBP WACOD”=MSWBPX TONSMsw.B}>+RCYBPX TONSRCY_Bp+GRNBPX TONSc,RN_ BP WACODcy=MSWcp X TONSMsw_cp +RCYCPX TONSRcY.cp +GRNcp X TONSGRN. City Planner TONSBP=TONSMSW»BP+T0NSRcY—B1=+TONSGRN-BP TONSCP=T0NSMsw.c1>+TONSRCY-CP+TONSGRN~CP MSW3p =Contractor’s disposal rate for Solid Waste during the Base Period TONSMsw.Bp =Volume of Solid Waste collected during the Base Period RCY];p =Contractor’s processing rate for Recyclable Materials during the Base Period TONSRCY_3p=Volume of Recyclable Materials processed during the Base Period GRNB1»:Contractor’s processing rate for Green Waste during the Base Period TONSGRN.];p =Volume of Green Waste processed during the Base Period MSWCp =Contractor’s disposal rate for Solid Waste during the Comparison Period ToNSMsw.Cp =Volume of Solid Waste collected during the Comparison Period RCYCP=Contractor’s processing rate for Recyclable Materials during the Comparison Period TONSRcy.cy =Volume of Recyclable Materials processed during the Comparison Period GRNcp =Contractor’s processing rate for Yard Waste during the Comparison Period TON SGRN.Cp=Volume of Yard Waste processed during the Comparison Period If the City has not added separate collection services for Recyclable Materials and/or Yard Waste during the Base Period,then the values for those respective variables representing the volume of such materials will be set to zero,and shall remain zero for the term of this Contract,i.e.: TONSRCY-BP=TONSGRN-Bl’=0 Comprehensive Solid Waste Collection Agreement,Exhibit D Page 1 Page 108 of 289 Until such time as the City adds separate collection service for Recyclable Materials and/or Yard Waste,the values for those respective variables representing the volume of such materials will be set to zero,i.e.: TONSRcy.c}>'—'TONSGRN.C1==0 In either case,the volume of the Recyclable Materials and Yard Waste shall be included in the measured volume of Solid Waste until such time as the City implements such separate collections services. Comprehensive Solid Waste Collection Agreement,Exhibit D Page 2 Page 109 of 289 Exhibit E Service Accord The Solid Waste Services that the Contractor will provide to the City at NO Direct Costs are as follows: (1)Solid Waste gathered by the City from alley clean-ups; (2)Solid Waste gathered by the City from street sweeping; (3)Solid Waste gathered by the City from sewer debris;and (4)Solid Waste gathered by the City and deposited in specially designated Drop-Box Containers supplied by Contractor. These Solid Waste Services at No Direct costs include hauling and tip fees.The Solid Waste Services at NO Direct Costs are limited to 1,500 tons (Base Tonnage)in any calendar year.See section 5.4 of the contract for more details. The eligible Solid Waste Service locations within the City are as follows: (1)The City Shop(s)1025 South Grey,Pasco,WA 99301 (2)The City Yard(s)Rd 108 and Crescent,Pasco,WA 9930] Comprehensive Solid Waste Collection Agreement,Exhibit E Page 1 Page 110 of 289 Exhibit F Fuel Surcharge City of Pasco 1 Base Fuel Expense Base Fuel Expense =5.87%Fixed 2 Percentage Increase in Cost of Fuel Current Fuel Price $3.79 Variable Minus Base Fuel Price -$3.79 Fixed Equals Fuel Price Difference =$-Variable Divided By Base Fuel Price (Line 6)+$3.79 Fixed Equals Fuel Percent Change =0.00%Variable Fuel Surcharge 3 Calculation Base Fuel Expense (Line 1)5.87% Multiplied By Percent Change in Fuel Price x - Fuel Surcharge 0.00% Comprehensive Solid Waste Collection Agreement,Exhibit F Page 1 Page 111 of 289 Exhibit G Curbside Recycling Provisions (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement,Exhibit G Page 1 Page 112 of 289 Exhibit H Green Waste Recycling Provisions (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement,Exhibit H Page 1 Page 113 of 289 Exhibit I Electronic Waste Collection Provisions (E-Waste) (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement,Exhibitl Page 1 Page 114 of 289 AGENDA REPORT FOR: City Council August 5, 2020 TO: Dave Zabell, City Manager City Council Workshop Meeting: 11/8/21 FROM: Richa Sigdel, Director Finance SUBJECT: Capital Improvement Plan (CIP) 2021-2027 I. REFERENCE(S): Proposed CIP - Summary Biennium Impact - Adopted and Proposed PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A Capital Improvement Plan (CIP) identifies various capital projects expected to be undertaken each year and the method of financing for each. A CIP is essential for effective financial and capital planning for the City. While a CIP includes cost projections for proposed projects, the capital budget as a part biennial budget and the Capital Improvement Plan differ from each other in the following ways: 1. CIP projects slated to be completed earlier in the planning horizon could be accomplished with the funds reasonably expected to be available. 2. Inclusion of capital projects in the CIP is desired by funding agencies, as it signals the desirability/need to complete the project by the City. Such projects might not be feasible to be funded by the City even if the y are planned within the biennial budget period. 3. Execution of CIP projects, particularly in the outward years, may be reliant on anticipated grants, bonds, and loans which will in part require rate Page 115 of 289 adjustments, or other factors as discussed in the Plan. Ap proval of the CIP itself does not bind the City Council to future actions. 4. Cost projections for outward years project could be revised significantly as staff refine the scope of work. 5. CIP also includes projects that will be carried out by external partne rs where the City is expected to provide some form of contribution. The full cost of these projects is not included in City's budget, however, the CIP will provide the complete cost of the project to inform the resident of the scope of work involved. In summary, while the vast majority of capital projects proposed during the biennium budget setting are derived from the Capital Improvement Plan, not all projects from the CIP are included in the adopted budget, and for various reasons, the amount budgeted might vary. V. DISCUSSION: Uncertainty in funding, labor, and supply chain disruption at the national, state, and local levels due to the COVID-19 pandemic and mitigation measures have required the City to be flexible with project schedules throughout this biennium. As is current practice, staff will fully evaluate the fiscal environment and project status before commencing, even when such a project is fully funded. An additional check and balance in this regard is the requirement for large capital projects (>$300,000) to be approved by the Council prior to the execution of any contract for construction. is design except (CIP), where Improvement Capital proposed The Plan complete, reflects planning level cost estimates which can change with design as more information is discovered in the design process. Also, as a part of the CIP, completed projects were removed, current projects updated to account for new information, and newly identified projects added. As mentioned previously, the adoption of the 2021-2027 CIP does not equate to an appropriation of funds. Historically, staff has prepared the CIP in Microsoft Excel and provided a 300 - 400 page pdf document that provided project details. It is evident that such a form userof communication, while complete, is not -friendly. Similarly, preparation of the CIP is complicated, time -consuming, and error-prone due to the limitation of the tool. The City has procured "ClearGov" that includes Capital Improvement Planning and Digital Budget Book features. This software will allow staff to provide an efficient and user-friendly Capital Improvement Plan to Pasco residents. ClearGov is currently in the pilot phase of the implementation, allowing the Finance Department to learn its features and applicability to the organization. The product will be rolled out to the public in 2022 with the 2022-2028 Capital Improvement Plan and 2023-2024 Biennial Budget. Due to vast improvement in the delivery of the plan via this new tool, staff has provided Council with the link Page 116 of 289 (below) for this pilot phase period. Any feedback and suggestions are welcomed and appreciated. Project Page - https://city-pasco-wa-projects.cleargov.com/ Capital Budget Page - https://city-pasco-wa-budget- book.cleargov.com/2021_2022-biennial-budget/2021/capital- improvements/capital-improvements-multi-year An additional change for this year's CIP is the inclusion of an additional year - hence the plan is not for 6 but for 7 years. This addition is due to the City's adoption of the biennial budget. It is advantageous to include the ye ar 2021 in the plan as the City's capital budget includes projects scheduled for this period. Furthermore, projects scheduled for 2021 or 2022 might be pushed back or forward as the City follows a true biennial budget. Total CIP projects requested in the prior year totaled $268 million; when excluding 2021 projects for comparative efforts, the proposed capital plan totals $428 million; an increase of almost 60%. The majority of these increases are due to the following factors: 1. Added: Reservoir Storage Tank - Zone 2 - $12 million 2. Revised: West Pasco Water Treatment Plant (WPWTP) Expansion - Various phases - Amounts increased from a plug number of $4 million to $30 million 3. Seismic Improvement at various facilities - $3 million 4. East and West UGA LID - $35 million 5. Revised Station 85, New 86 and 87 - $20 million 6. Road 100 Interchange Improvements East/Westbound Ramps - $7 million 7. Various External Partnership projects that have previously not been included in City's CIP - $27 million City Council is being presented with a list of projects and funding sources for review during the November 8th Council Workshop Meeting. Page 117 of 289 Request Type Request TitleProject NumberSum of FY2021 Capital CostSum of FY2022 Capital CostsSum of FY2023 Capital CostsSum of FY2024 Capital CostsSum of FY2025 Capital CostsSum of FY2026 Capital CostsSum of FY2027 Capital CostsSum of All Years Capital CostBuilding and FacilitiesAnimal Shelter Facility17 999 80,000 5,687,821 - - - - - 5,767,821 City Gateways and Wayfinding21 262 150,000 265,000 180,000 180,000 180,000 180,000 180,000 1,315,000 City Hall Remodel Phase II21 213 - 312,887 - - - - - 312,887 Community Center21 257 - 1,150,000 5,000,000 - - - - 6,150,000 Fire Station 83 Replacement 2021 Only19 998 117,117 - - - - - - 117,117 Fire Station 84 Replacement 2021 ONLY19 999 5,817,000 - - - - - - 5,817,000 Fire Station 8521 199 100,000 427,230 8,751,885 - - - - 9,279,115 Fire Station 86NA - - - 500,000 8,500,000 - - 9,000,000 Fire Station 8721 203 265,000 - - 8,000,000 - - - 8,265,000 Gesa Stadium Improvements19 997 291,478 519,000 592,000 410,000 - - - 1,812,478 Gesa Stadium Parking LotNA - - 420,000 4,200,000 - - - 4,620,000 Highland Park Improvements - Restroom-Concession Building21 218 62,930 387,070 - - - - - 450,000 Kurtzman Shelter21 259 - 125,000 - - - - - 125,000 Marina Dock Replacement - Dock B21 217 - 200,000 - 2,100,000 - - - 2,300,000 Martin Luther King Center Renovation/Expansion21 314 - 250,000 5,750,000 - - - - 6,000,000 Memorial Pool Bubble or RoofNA - - - - 1,000,000 - - 1,000,000 Memorial Pool ImprovementsNA - - 102,000 150,000 - - - 252,000 Park SignageNA - - 30,000 30,000 30,000 - - 90,000 Police Headquarters & Training Campus ExpansionNA 60,000 60,000 300,000 700,000 500,000 - - 1,620,000 Public Works Operations CenterNA - - 800,000 9,200,000 - - - 10,000,000 Schlagel Park Boating Facilities Updates16 999 774,524 600,000 - - - - - 1,374,524 Shop Addition (Lean-To)21 317 - 375,000 - - - - - 375,000 Sun Willows Pro Shop and RestaurantNA - - 75,000 1,000,000 - - - 1,075,000 Sylvester Park Shelter-RestroomNA - - 200,000 - - - - 200,000 Training Center Land PurchaseNA - - - - 350,000 - - 350,000 Upgrade Outdated Park BathroomsNA - - 100,000 100,000 100,000 - - 300,000 Building and Facilities Total7,718,049 10,359,008 22,300,885 26,570,000 10,660,000 180,000 180,000 77,967,942 External Partnerships 'A' Street and Heritage Road Intersection (Install Traffic Signal)NA - 240,000 - - - - - 240,000 Broadmoor Blvd (I-182 to Burns Road)NA - 1,798,000 1,100,000 1,160,000 - - - 4,058,000 Buckingham Drive Extension & SignalNA - 2,800,000 - - - - - 2,800,000 Burns Road Extension (Road 68 to Rio Grande Lane)NA - - - - - 1,500,000 4,000,000 5,500,000 Burns Road Widening (Broadmoor to Road 116)NA - - 500,000 4,000,000 2,200,000 - - 6,700,000 Lewis Street and Heritage Road Intersection (Install Traffic Signal)NA - - - 240,000 - - - 240,000 North Road 40 East PathwayNA - - 103,000 530,000 - - - 633,000 Sandifur Parkway Extension - Phase 1 (West of Road 100)NA - 200,000 2,400,000 - - - - 2,600,000 Sandifur Parkway Extension - Phase 2 (West of Road 100)NA - - - - 2,900,000 - - 2,900,000 Shoreline Road Realignment (Design and ROW)NA - - - - - - 1,150,000 1,150,000 External Partnerships Total- 5,038,000 4,103,000 5,930,000 5,100,000 1,500,000 5,150,000 26,821,000 Irrigation Utility Annual Irrigation System Improvements - Development21 224 25,000 25,000 25,000 25,000 25,000 25,000 25,000 175,000 Annual Irrigation Upsize - Development21 223 50,000 50,000 50,000 50,000 50,000 50,000 50,000 350,000 Columbia River Intake Capacity Upgrades21 264 59,000 170,000 - - - - - 229,000 Well Capacity Upgrades21 222 100,000 370,000 470,000 470,000 - - - 1,410,000 Irrigation Utility Total234,000 615,000 545,000 545,000 75,000 75,000 75,000 2,164,000 Other Equipment City Hall and Police HQ GeneratorsNA - 600,000 - - - - - 600,000 City Hall Fire Alarm ReplacementNA - 70,000 - - - - - 70,000 Other Equipment Total- 670,000 - - - - - 670,000 Parks and Recreation A Street Sports Complex - Phase 121 155 300,000 199,394 400,000 - - - - 899,394 Big Cross Mountain Bike TrailsNA - - - - - 125,000 - 125,000 Burden Blvd Soccer Complex ImprovementsNA - - - 100,000 - - - 100,000 Chapel Hill Park18 999 18,000 997,742 - - - - - 1,015,742 Community Park Northwest21 258 - 1,400,000 - 200,000 4,500,000 - - 6,100,000 Dog ParkNA - - 450,000 - - - - 450,000 Franklin County Irrigation District (FCID) Trail Phase 1 & 221 220 55,000 360,000 395,000 420,000 - - - 1,230,000 Lighted Pickleball ComplexNA - - - 40,000 1,000,000 - - 1,040,000 Memorial Park Conversion of Softball to Lighted Multi-UseNA - - - 300,000 - - - 300,000 Peanuts Park Restoration16 014 3,170,276 3,785,175 - - - - - 6,955,451 Road 54 Erwin Property21 260 - 20,000 - 400,000 - - - 420,000 Road 84 Park21 219 424,130 - - - - - - 424,130 Sacajawea Levee Lowering16 001 142,347 2,705,341 522,000 2,000,000 - - - 5,369,688 Sacajawea Trail BNSF Crossing21 261 - 125,000 1,525,000 - - - - 1,650,000 Skate ParkNA - - 50,000 450,000 - - - 500,000 Softball Complex Updates18 998 - 240,000 - - - - - 240,000 Sylvester Park Sport Courts21 294 - 160,000 - - - - - 160,000 Trail Connection ImprovementsNA - - 100,000 100,000 100,000 100,000 100,000 500,000 Williams Gas TrailNA - - - - - - 300,000 300,000 Parks and Recreation Total4,109,753 9,992,652 3,442,000 4,010,000 5,600,000 225,000 400,000 27,779,405 Process Water Reuse Facility (PWRF) Utility Columbia East Lift Station and Force Main17 003 10,410,745 - - - - - - 10,410,745 Page 118 of 289 Request Type Request TitleProject NumberSum of FY2021 Capital CostSum of FY2022 Capital CostsSum of FY2023 Capital CostsSum of FY2024 Capital CostsSum of FY2025 Capital CostsSum of FY2026 Capital CostsSum of FY2027 Capital CostsSum of All Years Capital CostProcess Water Reuse Facility (PWRF) Utility Grimmway Connections - Phase 1 and 221 103 21 274 600,000 - - - - - - 600,000 Irrigation Pipe UpgradesNA - - 1,000,000 - - - - 1,000,000 Irrigation Pump Station (IPS )Intake ScreeningNA - - 500,000 - - - - 500,000 PWRF Lab and OfficeNA - - 100,000 600,000 - - - 700,000 PWRF Pretreatment Improvements (Phase 1) Potable Water and Electrical Improvements19 055 550,000 1,500,000 - - - - - 2,050,000 PWRF Pretreatment Improvements (Phase 2) Winter Storage21 298 - 1,130,000 16,000,000 - - - - 17,130,000 PWRF Pretreatment Improvements (Phase 3)NA - - - - 2,500,000 12,780,000 - 15,280,000 USBR Property Irrigation System21 315 - 80,000 700,000 - - - - 780,000 Voss Property Irrigation System21 316 - 350,000 2,000,000 - - - - 2,350,000 Process Water Reuse Facility (PWRF) Utility Total11,560,745 3,060,000 20,300,000 600,000 2,500,000 12,780,000 - 50,800,745 Roadways Annual Pavement Preservation21 235 728,000 - 1,000,000 1,030,000 1,061,000 1,093,000 1,126,000 6,038,000 Argent Road Widening Phase 1 (20th Ave to Saraceno Way)12 001 2,272,000 - - - - - - 2,272,000 Argent Road Widening (Argent Road & Road 36 Intersection) - Phase 221 229 620,000 250,000 - - - - - 870,000 Argent Road Widening (Road 36 to Saraceno) - Phase 320 010 484,000 428,000 4,000,000 - - - - 4,912,000 Burns Rd/Broadmoor Intersection Improvements21 319 - 640,000 2,560,000 - - - - 3,200,000 Burns Road Pathway - Phase 1 (Rd 100 to Rd 90)20 012 171,000 - - - - - - 171,000 Burns Road Pathway - Phase 2 (Rd 90 to 84)21 225 134,000 - - - - - - 134,000 Burns Road Pathway - Phase 3 (Rd 84 to 68)21 226 23,000 220,000 - - - - - 243,000 City Wide Traffic Signal Improvements - Phase 217 014 3,393,000 - - - - - - 3,393,000 Court Street & Road 68 Intersection Improvements19 043 232,000 - 757,000 - - - - 989,000 Court Street Overlay - U.S. Highway 395 to 20th Ave21 308 - 800,000 - - - - - 800,000 Court Street Overlay - U.S. Highway 395 to Road 4020 102 440,000 - - - - - - 440,000 Court Street Overlay (Road 40 to Road 68)21 304 - 400,000 1,850,000 - - - - 2,250,000 Crescent Road Surface ImprovementNA - - - 45,000 355,000 - - 400,000 James Street Improvements16 010 - 20,000 - - - - - 20,000 Lewis Street Corridor Improvements - 2nd to 5th Ave20 007 1,926,000 - - - - - - 1,926,000 Lewis Street Corridor Improvements Phase 2 - 5th to 10th AveNA - - - 250,000 1,000,000 - - 1,250,000 Lewis Street Overpass13 007 27,129,000 741,000 632,000 - - - - 28,502,000 New Road 108 (Harris Road to Burns Road)NA - - - - 2,000,000 8,000,000 - 10,000,000 North Industrial Way Infiltration Retrofit Project & Overlay20 101 650,000 - - - - - - 650,000 North Road 100 Pedestrian/Bicycle Improvements21 234 - 350,000 - - - - - 350,000 North Road 93/Powerline Pathway21 306 - 127,000 - - - - - 127,000 Oregon Avenue (SR397) Overlay21 305 - 400,000 3,000,000 - - - - 3,400,000 Pedestrian/Bicycle Access Road 100 Interchange21 233 120,000 - 600,000 1,600,000 - - - 2,320,000 Pedestrian/Bicycle Access Road 68 InterchangeNA - - - 400,000 1,000,000 1,000,000 - 2,400,000 Pedestrian/Bicycle Access Sylvester Street Overpass21 232 300,000 - 1,500,000 2,200,000 - - - 4,000,000 Road 100 Interchange Improvements East/Westbound Ramps21 292 - 7,000,000 - - - - - 7,000,000 Road 100 Widening - Court Street to Chapel Hill BoulevardNA - - - 375,000 1,500,000 2,250,000 - 4,125,000 Road 52 Extension (Design and R/W)NA - - - - - - 1,150,000 1,150,000 Road 68 & Burns Road Intersection (Install Traffic Signal) (Road 68 & Burns Intersection)21 307 - 50,000 - 240,000 - - - 290,000 Road 68 Widening - South of I-18220 009 258,000 - - - - - - 258,000 Road 76 OverpassNA - - - - 300,000 1,200,000 - 1,500,000 Sandifur Parkway Widening - Road 52 to Road 6021 231 458,000 - 507,000 - - - - 965,000 Signage & Striping Improvements at Road 68 & Burden Blvd20 008 200,000 - - - - - - 200,000 South 10th Ave and W Lewis Street Advanced Intersection Warning21 230 62,000 - - - - - - 62,000 South 4th Avenue (Festival Street) ImprovementsNA - - - 50,000 450,000 - - 500,000 Sylvester St. & US 395 NB Off Ramp Intersection (Install Traffic Signal)NA - - 240,000 - - - - 240,000 Sylvester Street Safety Program21 227 1,148,000 - 3,752,000 - - - - 4,900,000 Wrigley Drive Extension15 009 409,000 - - - - - - 409,000 Roadways Total41,157,000 11,426,000 20,398,000 6,190,000 7,666,000 13,543,000 2,276,000 102,656,000 Sewer Utility 9th & Washington Lift Station16 007 585,000 - - - - - - 585,000 Annual Lift Station Upgrades Program (CSP L11)21 313 - 210,000 109,000 113,000 116,000 119,000 123,000 790,000 Annual Sewer System Improvements - Development21 242 100,000 100,000 200,000 100,000 100,000 100,000 100,000 800,000 Annual Sewer Upsize - Development21 241 200,000 150,000 200,000 200,000 300,000 300,000 300,000 1,650,000 East UGA Expansion Sewer LID21 295 - 5,000,000 17,364,000 - - - - 22,364,000 Maitland Lift Station15 003 198,000 - - - - - - 198,000 Northwest Area (Broadmoor) Sewer LID (#151)18 076 2,307,000 - - - - - - 2,307,000 Road 36 Lift Station Upgrades16 006 773,000 - - - - - - 773,000 Road 52 & Pearl Street Lift Station19 053 300,000 1,400,000 - - - - - 1,700,000 Segment 1 - Court & Sylvester Sewer Main (CSP #14)NA - - - - 318,000 4,456,000 - 4,774,000 Segment 3 - Court & Sylvester Sewer Main (CSP #15)NA - - - - - 3,661,000 - 3,661,000 Segment 8 - Court & Sylvester Sewer Main (CSP #20)NA - - - 1,287,000 1,581,000 - - 2,868,000 Segment 9 - Court & Sylvester Sewer Main (CSP #21)NA - - - - - 1,482,000 - 1,482,000 Wastewater Treatment Plant (WWTP) Improvements - Phase 119 072 3,900,000 20,000,000 2,700,000 - - - - 26,600,000 Wastewater Treatment Plant (WWTP) Improvements - Phase 221 237 800,000 1,932,000 8,000,000 10,000,000 6,000,000 - - 26,732,000 West Broadmoor Lift Station (CSP LS1)21 263 500,000 - - - - - - 500,000 West Broadmoor Lift Station Expansion (CSP LS1)NA - - - - - - 1,512,000 1,512,000 West Riverview Lift Station21 309 - 350,000 516,000 1,200,000 - - - 2,066,000 West UGA Expansion Sewer LID21 296 - 4,540,000 8,231,000 - - - - 12,771,000 Page 119 of 289 Request Type Request TitleProject NumberSum of FY2021 Capital CostSum of FY2022 Capital CostsSum of FY2023 Capital CostsSum of FY2024 Capital CostsSum of FY2025 Capital CostsSum of FY2026 Capital CostsSum of FY2027 Capital CostsSum of All Years Capital CostSewer Utility Total9,663,000 33,682,000 37,320,000 12,900,000 8,415,000 10,118,000 2,035,000 114,133,000 Storm Water Utility Annual Stormwater System Improvements - Development21 255 100,000 100,000 50,000 50,000 50,000 50,000 50,000 450,000 North Commercial Avenue Infiltration Pond RetrofitNA - - - 75,000 300,000 - - 375,000 Stormwater Pipe Relining Project21 253 165,000 165,000 - - - - - 330,000 Stormwater Pipe Relining Project 221 318 124,000 125,000 - - - - - 249,000 Storm Water Utility Total389,000 390,000 50,000 125,000 350,000 50,000 50,000 1,404,000 Water Utility Annual Water System Improvements - Development21 251 200,000 300,000 300,000 300,000 300,000 300,000 300,000 2,000,000 Annual Water Upsize - Development21 250 200,000 300,000 300,000 300,000 300,000 300,000 300,000 2,000,000 Automated Meter Reading21 249 - 200,000 200,000 200,000 200,000 200,000 - 1,000,000 Butterfield Water Treatment Plant (WTP) Improvements21 245 238,768 1,000,000 5,000,000 7,000,000 6,000,000 6,000,000 - 25,238,768 Emergency Power Improvements21 243 - - 270,000 1,080,000 - - - 1,350,000 NE Industrial Area Waterline(s) Extension(s)21 320 - 2,500,000 2,000,000 - - - - 4,500,000 Reservoir Storage Tank - Zone 2TBD - - - 2,000,000 7,000,000 3,000,000 - 12,000,000 Reservoir Storage Tank - Zone 321 252 448,488 10,861,512 1,690,000 - - - - 13,000,000 Seismic Improvements - Various FacilitiesTBD - - - - - - 3,000,000 3,000,000 Transmission Main - WPWTP to Zone 321 238 340,821 2,659,179 - - - - - 3,000,000 Water Main Extension - Alton St (Wehe Ave to Alley East of Owen Ave)21 246 - - 115,000 200,000 - - - 315,000 Water Main Extension - Riverhaven Street (Road 36 to Road 40)TBD - - - 416,000 - - - 416,000 Water Main Extension - Road 103 (Maple Drive to Willow Way)21 247 20,000 223,000 - - - - - 243,000 Water Main Replacement - Alley East of Wehe Ave19 073 205,084 - - - - - - 205,084 Water Main Replacement - Maple Dr AC Main (Road 100 to Road 103)20 030 11,208 401,765 - - - - - 412,973 Water Main Replacement - Richardson Road (Road 92 to Road 96)21 244 92,000 70,000 300,000 - - - - 462,000 Water Main Replacement - Road 60 (Court Street to West Pearl)TBD - - - - 300,000 1,000,000 - 1,300,000 Water Main Replacement - Road 76 (Wernett Road to Court Street)TBD - - - 912,000 - - - 912,000 Water Main Replacement - South 18th Ave ("A" Street to W Washington Street)21 248 202,000 - - - - - - 202,000 Water Main Replacement - Star Lane (Road 100 to Road 97)19 046 - 108,000 200,000 - - - - 308,000 West Pasco Water Treatment Plant (WPWTP) Expansion - Phase 116 008 760,473 8,765,527 - - - - - 9,526,000 West Pasco Water Treatment Plant (WPWTP) Expansion - Phase 2 (12MGD)21 297 300,000 8,000,000 1,700,000 - - - - 10,000,000 West Pasco Water Treatment Plant (WPWTP) Expansion - Phase 3 (Firm Capacity)TBD - - - 143,000 1,102,000 - - 1,245,000 West Pasco Water Treatment Plant (WPWTP) Expansion - Phase 4 (18MG)TBD - - - - 460,000 888,000 7,989,000 9,337,000 Water Utility Total3,018,842 35,388,983 12,075,000 12,551,000 15,662,000 11,688,000 11,589,000 101,972,825 Grand Total77,850,389 110,621,643 120,533,885 69,421,000 56,028,000 50,159,000 21,755,000 506,368,917 Page 120 of 289 IMPORTANT - 2021 Mid-Biennium Project Report 11.1.2021 was used to calculate the adopted and proposed budgetRequest Type Request TitleProject Number2021-2022 CIP Proposed2021-2022 Adopted Budget2021-2022 Proposed Budget DifferenceAny Change ReasonBuilding and FacilitiesAnimal Shelter Facility17 999 5,767,821 5,767,821 5,767,821 - NoCity Gateways and Wayfinding21 262 415,000 415,000 415,000 - NoCity Hall Remodel Phase II21 213 312,887 62,887 312,887 250,000 Yes Additional scope added to projectCommunity Center21 257 1,150,000 1,150,000 1,150,000 - NoFire Station 83 Replacement 2021 Only19 998 117,117 1,226,621 118,000 (1,108,621) Yes Cost allocation between 84 and 85Fire Station 84 Replacement 2021 ONLY19 999 5,817,000 4,453,470 5,831,538 1,378,068 Yes Cost allocation between 84 and 85Fire Station 85 2021 ONLY21 199 527,230 488,115 527,230 39,115 Yes Change in cost estimatesFire Station 87 Property Purchase 2021 only21 203 265,000 265,000 265,000 - NoGesa Stadium Improvements19 997 810,478 810,478 810,478 - NoGesa Stadium Parking LotNA - - - - NoHighland Park Improvements - Restroom-Concession Building21 218 450,000 227,929 449,799 221,870 Yes Change in cost estimatesKurtzman Shelter21 259 125,000 125,000 125,000 - NoMarina Dock Replacement - Dock B21 217 200,000 200,000 200,000 - NoMartin Luther King Center Renovation/Expansion21 314 250,000 - 250,000 250,000 Yes Project was not included during the budget settingMemorial Pool Bubble or RoofNA - - - - NoMemorial Pool ImprovementsNA - - - - NoPark SignageNA - - - - NoPolice Headquarters & Training Campus ExpansionNA 120,000 - - - No This study is included in operational budget within the Police Departments budgetPublic Works Operations CenterNA - - - - NoSchlagel Park Boating Facilities Updates16 999 1,374,524 774,524 1,374,524 600,000 Yes Change in cost estimatesShop Addition (Lean-To)21 317 375,000 - 375,000 375,000 Yes Project was not included during the budget settingSun Willows Pro Shop and RestaurantNA - - - - NoSylvester Park Shelter-RestroomNA - - - - NoUpgrade Outdated Park BathroomsNA - - - - NoBuilding and Facilities Total18,077,057 15,966,845 17,972,277 2,005,432 External Partnerships 'A' Street and Heritage Road Intersection (Install Traffic Signal)NA 240,000 - 48,000 48,000 Yes Project was not included during the budget setting, budget includes City's contribution onlyBroadmoor Blvd (I-182 to Burns Road)NA 1,798,000 - 348,000 348,000 Yes Project was not included during the budget setting, budget includes City's contribution onlyBuckingham Drive Extension & SignalNA 2,800,000 - - - NoBurns Road Extension (Road 68 to Rio Grande Lane)NA - - - - NoBurns Road Widening (Broadmoor to Road 116)NA - - - - NoLewis Street and Heritage Road Intersection (Install Traffic Signal)NA - - - - NoNorth Road 40 East PathwayNA - - - - NoSandifur Parkway Extension - Phase 1 (West of Road 100)NA 200,000 - 200,000 200,000 Yes Project was not included during the budget setting, budget includes City's contribution onlySandifur Parkway Extension - Phase 2 (West of Road 100)NA - - - - YesShoreline Road Realignment (Design and ROW)NA - - - - YesExternal Partnerships Total5,038,000 - 596,000 596,000 Irrigation Utility Annual Irrigation System Improvements - Development21 224 50,000 50,000 50,000 - NoAnnual Irrigation Upsize - Development21 223 100,000 100,000 100,000 - NoColumbia River Intake Capacity Upgrades21 264 229,000 229,000 229,000 - NoWell Capacity Upgrades21 222 470,000 470,000 470,000 - NoIrrigation Utility Total849,000 849,000 849,000 - Other Equipment City Hall and Police HQ GeneratorsNA 600,000 - 600,000 600,000 Yes Project was not included during the budget settingCity Hall Fire Alarm ReplacementNA 70,000 - 70,000 70,000 Yes Project was not included during the budget settingOther Equipment Total670,000 - 670,000 670,000 Parks and Recreation A Street Sports Complex - Phase 121 155 499,394 499,394 499,394 - NoBig Cross Mountain Bike TrailsNA - NoBurden Blvd Soccer Complex ImprovementsNA - NoChapel Hill Park18 999 1,015,742 1,015,742 1,015,742 - NoCommunity Park Northwest21 258 1,400,000 1,400,000 1,400,000 - NoDog ParkNA - NoFranklin County Irrigation District (FCID) Trail Phase 1 & 221 220 415,000 415,000 415,000 - NoLighted Pickleball ComplexNA - NoMemorial Park Conversion of Softball to Lighted Multi-UseNA - NoPeanuts Park Restoration16 014 6,955,451 6,955,452 6,955,452 - NoRoad 54 Erwin Property21 260 20,000 20,000 20,000 - NoRoad 84 Park21 219 424,130 424,130 424,130 - NoSacajawea Levee Lowering16 001 2,847,688 2,847,688 2,847,688 - NoSacajawea Trail BNSF Crossing21 261 125,000 125,000 125,000 - NoSkate ParkNA - NoSoftball Complex Updates18 998 240,000 240,000 240,000 - NoSylvester Park Sport Courts21 294 160,000 - 160,000 160,000 Yes Project was not included during budget setting, grants were received in 2021Trail Connection ImprovementsNA - NoWilliams Gas TrailNA - NoParks and Recreation Total14,102,405 13,942,406 14,102,406 160,000 Process Water Reuse Facility (PWColumbia East Lift Station and Force Main17 003 10,410,745 10,410,745 10,410,745 - NoIrrigation Pipe UpgradesNA - NoIrrigation Pump Station (IPS )Intake ScreeningNA - NoPWRF Lab and OfficeNA - NoPWRF Pretreatment Improvements (Phase 1) Potable Water and Electrical Im19 055 2,050,000 31,640,523 2,050,000 (29,590,523) Yes One adopted project is being split to three and project schedule is pushed out. Adopted budget was unsecured funding, staff is reducing the unsecured funding from the budget.PWRF Pretreatment Improvements (Phase 2) Winter Storage21 298 1,130,000 - 1,130,000 1,130,000 Yes One adopted project is being split to three and project schedule is pushed out. Adopted budget was unsecured funding, staff is reducing the unsecured funding from the budget.PWRF Pretreatment Improvements (Phase 3)NA - No One adopted project is being split to three and project schedule is pushed out. Adopted budget was unsecured funding, staff is reducing the unsecured funding from the budget.USBR Property Irrigation System21 315 80,000 - 80,000 80,000 Yes Project was not included during the budget settingVoss Property Irrigation System21 316 350,000 - 350,000 350,000 Yes Project was not included during the budget settingGrimmway Connections - Phase 1 and 221 103 21 274 600,000 600,000 600,000 - NoProcess Water Reuse Facility (PWRF) Utility Total14,620,745 42,651,268 14,620,745 (28,030,523) Roadways Annual Pavement Preservation21 235 728,000 728,000 728,000 - NoArgent Road Widening Phase 1 (20th Ave to Saraceno Way)12 001 2,272,000 2,271,880 2,271,880 - NoArgent Road Widening (Argent Road & Road 36 Intersection) - Phase 221 229 870,000 620,000 620,000 - NoArgent Road Widening (Road 36 to Saraceno) - Phase 320 010 912,000 484,097 912,097 428,000 Yes Project schedule pushed aheadBurns Rd/Broadmoor Intersection Improvements21 319 640,000 - 640,000 640,000 Yes Project was not included during the budget settingBurns Road Pathway - Phase 1 (Rd 100 to Rd 90)20 012 171,000 171,170 171,170 - NoBurns Road Pathway - Phase 2 (Rd 90 to 84)21 225 134,000 134,000 134,000 - NoBurns Road Pathway - Phase 3 (Rd 84 to 68)21 226 243,000 23,000 243,000 220,000 Yes Project schedule pushed ahead Page 121 of 289 Request Type Request TitleProject Number2021-2022 CIP Proposed2021-2022 Adopted Budget2021-2022 Proposed Budget DifferenceAny Change ReasonRoadways City Wide Traffic Signal Improvements - Phase 217 014 3,393,000 3,393,007 3,393,007 - NoCourt Street & Road 68 Intersection Improvements19 043 232,000 231,617 231,617 - NoCourt Street Overlay - U.S. Highway 395 to 20th Ave21 308 800,000 - 800,000 800,000 Yes Project was not included during the budget settingCourt Street Overlay - U.S. Highway 395 to Road 4020 102 440,000 550,000 440,000 (110,000) Yes Change in cost estimatesCourt Street Overlay (Road 40 to Road 68)21 304 400,000 - 400,000 400,000 Yes Project was not included during the budget settingCrescent Road Surface ImprovementNANoJames Street Improvements16 010 20,000 469,271 20,000 (449,271) Yes Project strategy changed, majority of work will be done within City's annual pavement preservation programLewis Street Corridor Improvements - 2nd to 5th Ave20 007 1,926,000 2,153,504 1,975,504 (178,000) Yes Change in cost estimatesLewis Street Corridor Improvements Phase 2 - 5th to 10th AveNANoLewis Street Overpass13 007 27,870,000 27,128,713 27,919,713 791,000 Yes Change in cost estimatesNew Road 108 (Harris Road to Burns Road)NANoNorth Industrial Way Infiltration Retrofit Project & Overlay20 101 650,000 650,000 650,000 - NoNorth Road 100 Pedestrian/Bicycle Improvements21 234 350,000 350,000 350,000 - NoNorth Road 93/Powerline Pathway21 306 127,000 - 127,000 127,000 Yes Project was not included during the budget settingOregon Avenue (SR397) Overlay21 305 400,000 - 400,000 400,000 Yes Project was not included during the budget settingPedestrian/Bicycle Access Road 100 Interchange21 233 120,000 120,000 120,000 - NoPedestrian/Bicycle Access Road 68 InterchangeNANoPedestrian/Bicycle Access Sylvester Street Overpass21 232 300,000 300,000 300,000 - NoRoad 100 Interchange Improvements East/Westbound Ramps21 292 7,000,000 - 7,000,000 7,000,000 Yes Project was not included during the budget settingRoad 100 Widening - Court Street to Chapel Hill BoulevardNANoRoad 52 Extension (Design and R/W)NANoRoad 68 & Burns Road Intersection (Install Traffic Signal) (Road 68 & Burns I21 307 50,000 - 50,000 50,000 Yes Project was not included during the budget settingRoad 68 Widening - South of I-18220 009 258,000 307,641 257,641 (50,000) Yes Change in cost estimatesRoad 76 OverpassNANoSandifur Parkway Widening - Road 52 to Road 6021 231 458,000 458,000 458,000 - NoSignage & Striping Improvements at Road 68 & Burden Blvd20 008 200,000 199,637 199,637 - NoSouth 10th Ave and W Lewis Street Advanced Intersection Warning21 230 62,000 47,900 61,900 14,000 Yes Change in cost estimatesSouth 4th Avenue (Festival Street) ImprovementsNANoSylvester St. & US 395 NB Off Ramp Intersection (Install Traffic Signal)NANoSylvester Street Safety Program21 227 1,148,000 521,000 1,148,000 627,000 Yes Project schedule pushed aheadWrigley Drive Extension15 009 409,000 409,420 385,700 (23,720) Roadways Total52,583,000 41,721,857 52,407,866 10,686,009 NoSewer Utility 9th & Washington Lift Station16 007 585,000 585,332 585,000 (332) NoAnnual Lift Station Upgrades Program (CSP L11)21 313 210,000 - 210,000 210,000 Yes Project was not included during the budget settingAnnual Sewer System Improvements - Development21 242 200,000 200,000 200,000 - NoAnnual Sewer Upsize - Development21 241 350,000 200,000 350,000 150,000 Yes Additional upsize opportunities presented than budgetedEast UGA Expansion Sewer LID21 295 5,000,000 - 5,000,000 5,000,000 Yes Project was not included during the budget settingMaitland Lift Station15 003 198,000 198,031 198,000 (31) NoNorthwest Area (Broadmoor) Sewer LID (#151)18 076 2,307,000 3,681,000 2,397,000 (1,284,000) NoRoad 36 Lift Station Upgrades16 006 773,000 772,807 773,000 193 NoRoad 52 & Pearl Street Lift Station19 053 1,700,000 300,000 1,700,000 1,400,000 Yes Project schedule pushed aheadSegment 1 - Court & Sylvester Sewer Main (CSP #14)NANoSegment 3 - Court & Sylvester Sewer Main (CSP #15)NANoSegment 8 - Court & Sylvester Sewer Main (CSP #20)NANoSegment 9 - Court & Sylvester Sewer Main (CSP #21)NANo Change in cost estimatesWastewater Treatment Plant (WWTP) Improvements - Phase 119 072 23,900,000 19,901,304 21,703,007 1,801,703 Yes Project schedule pushed aheadWastewater Treatment Plant (WWTP) Improvements - Phase 221 237 2,732,000 2,700,000 2,732,000 32,000 Yes Change in cost estimatesWest Broadmoor Lift Station (CSP LS1)21 263 500,000 500,000 500,000 - NoWest Broadmoor Lift Station Expansion (CSP LS1)NANoWest Riverview Lift Station21 309 350,000 - 350,000 350,000 Yes Project was not included during the budget settingWest UGA Expansion Sewer LID21 296 4,540,000 - 4,540,000 4,540,000 Yes Project was not included during the budget settingSewer Utility Total43,345,000 29,038,474 41,238,007 12,199,533 Storm Water Utility Annual Stormwater System Improvements - Development21 255 200,000 200,000 200,000 - NoNorth Commercial Avenue Infiltration Pond RetrofitNA - - - - NoStormwater Pipe Relining Project21 253 330,000 330,000 330,000 - NoStormwater Pipe Relining Project 221 318 249,000 249,000 249,000 Yes Project was not included during the budget settingStorm Water Utility Total779,000 530,000 779,000 249,000 Water Utility Annual Water System Improvements - Development21 251 500,000 200,000 500,000 300,000 Yes Additional opportunities presented than budgetedAnnual Water Upsize - Development21 250 500,000 200,000 500,000 300,000 Yes Additional upsize opportunities presented than budgetedAutomated Meter Reading21 249 200,000 1,750,000 200,000 (1,550,000) Yes Changed schedule and strategy - Included as part of rate studyButterfield Water Treatment Plant (WTP) Improvements21 245 1,238,768 5,000,000 1,238,768 (3,761,232) Yes Changed project schedule - Included as part of rate studyEmergency Power Improvements21 243 - 1,350,000 - (1,350,000) Yes Changed schedule and strategy - Included as part of rate studyNE Industrial Area Waterline(s) Extension(s)21 320 2,500,000 - 2,500,000 2,500,000 Yes Project was not included during the budget settingReservoir Storage Tank - Zone 2TBD - - - - NoReservoir Storage Tank - Zone 321 252 11,310,000 7,200,000 11,310,000 4,110,000 Yes Project schedule pushed aheadSeismic Improvements - Various FacilitiesTBD - - - - NoTransmission Main - WPWTP to Zone 321 238 3,000,000 3,000,000 3,000,000 - NoWater Main Extension - Alton St (Wehe Ave to Alley East of Owen Ave)21 246 - - - - NoWater Main Extension - Riverhaven Street (Road 36 to Road 40)TBD - - - - NoWater Main Extension - Road 103 (Maple Drive to Willow Way)21 247 243,000 113,000 243,000 130,000 Yes Change in cost estimatesWater Main Replacement - Alley East of Wehe Ave19 073 205,084 107,101 205,084 97,983 Yes Change in cost estimatesWater Main Replacement - Maple Dr AC Main (Road 100 to Road 103)20 030 412,973 212,973 412,973 200,000 Yes Change in cost estimatesWater Main Replacement - Richardson Road (Road 92 to Road 96)21 244 162,000 460,000 162,000 (298,000) Yes Change in cost estimatesWater Main Replacement - Road 60 (Court Street to West Pearl)TBD - - - - NoWater Main Replacement - Road 76 (Wernett Road to Court Street)TBD - - - - NoWater Main Replacement - South 18th Ave ("A" Street to W Washington Stre21 248 202,000 79,000 202,000 123,000 Yes Change in cost estimatesWater Main Replacement - Star Lane (Road 100 to Road 97)19 046 108,000 235,000 108,000 (127,000) Yes Change in cost estimatesWest Pasco Water Treatment Plant (WPWTP) Expansion - Phase 116 008 9,526,000 3,472,068 9,526,128 6,054,060 Yes Change in cost estimatesWest Pasco Water Treatment Plant (WPWTP) Expansion - Phase 2 (12MGD)21 297 8,300,000 - 8,300,000 8,300,000 Yes Project was not included during the budget settingWest Pasco Water Treatment Plant (WPWTP) Expansion - Phase 3 (Firm CapTBD - - - - NoWest Pasco Water Treatment Plant (WPWTP) Expansion - Phase 4 (18MG)TBD - - - - NoWater Utility Total38,407,825 23,379,142 38,407,953 15,028,811 Grand Total188,472,032 168,078,992 181,643,254 13,564,262 Page 122 of 289 11/5/2021 1 Capital Improvement Plan Future CIP Website 2021-2022 Capital Budget 1 2 Page 123 of 289 11/5/2021 2 Unsecured Bond Partner Contribution Secured GrantSecured State Loan Unsecured State Loan 3 4 Page 124 of 289 11/5/2021 3 Summary 157 projects $506 million over 7 years 188 million over the current biennium 53% of funds are secured Building & Facilities 5 6 Page 125 of 289 11/5/2021 4 Water Utility Sewer Utility 7 8 Page 126 of 289 11/5/2021 5 Process Water Reuse Utility Irrigation & Stormwater 9 10 Page 127 of 289 11/5/2021 6 Parks & Recreation Roadways 11 12 Page 128 of 289 11/5/2021 7 Roadways (Contd.) External Partnerships 13 14 Page 129 of 289 11/5/2021 8 Public Safety New Projects 15 16 Page 130 of 289 11/5/2021 9 Completed Projects Police Headquarters & Training Campus Expansion 17 18 Page 131 of 289 11/5/2021 10 Fire Station 86 and 87 Parks & Recreation 19 20 Page 132 of 289 11/5/2021 11 New Projects Completed Projects 21 22 Page 133 of 289 11/5/2021 12 Community Park Northwest Highland Park Building 23 24 Page 134 of 289 11/5/2021 13 GESA Stadium Improvements – Phase I MLK Center Renovation/Expansion 25 26 Page 135 of 289 11/5/2021 14 Transportation New Projects 27 28 Page 136 of 289 11/5/2021 15 Completed Projects Bike/Pedestrian Access Burns Road Pedestrian/Bicycle Pathway Phases 1, 2 and 3 North Road 93/ Powerline Pathway Pedestrian/Bicycle Access Road 100 Interchange Pedestrian/Bicycle Access Road 68 Interchange Pedestrian/Bicycle Access Sylvester Street Overpass North Road 100 Pedestrian/Bicycle Improvements Franklin County Irrigation District (FCID) Canal Bicycle/Pedestrian Pathway 29 30 Page 137 of 289 11/5/2021 16 Lewis Street Overpass Sylvester Street Safety Improvements 31 32 Page 138 of 289 11/5/2021 17 Road 68 and Court Street Intersection Improvements Oregon Avenue (SR 397) Overlay 33 34 Page 139 of 289 11/5/2021 18 Process Water Reuse Facility New Projects 35 36 Page 140 of 289 11/5/2021 19 Completed Projects PWRF Pretreatment Improvements Phase 1 – Potable Water and Electrical Upgrades 37 38 Page 141 of 289 11/5/2021 20 PWRF Pretreatment Improvements -Phase 2 Winter Storage Ponds PWRF Pretreatment Improvements -Phase 3 39 40 Page 142 of 289 11/5/2021 21 Sewer New Projects 41 42 Page 143 of 289 11/5/2021 22 Completed Projects East UGA Expansion Sewer LID 43 44 Page 144 of 289 11/5/2021 23 WWTP Improvements - Phase 1 Stormwater & Irrigation 45 46 Page 145 of 289 11/5/2021 24 New Projects Completed Projects 47 48 Page 146 of 289 11/5/2021 25 Source Improvements - SCBID Water 49 50 Page 147 of 289 11/5/2021 26 New Projects Completed Projects 51 52 Page 148 of 289 11/5/2021 27 Reservoir Storage Tank Zone 3 West Pasco Water Treatment Plant (WPWTP)Improvements Phase 1 53 54 Page 149 of 289 11/5/2021 28 Butterfield Water Treatment Plant (WTP) Improvements Funding Awards 55 56 Page 150 of 289 11/5/2021 29 NOTE: List includes funds applied for, awarded and/or contracted in 2021 prior to Nov. 2. Assessments and Evaluations Completed o Potable Water - Risk and Resiliency Assessment (RRA)/Emergency Response Plan (ERP) o Northwest Area - Water System Evaluation o Water Storage System Capacity Assessment o UGA Expansion Sewer LID Evaluations o Amendment to the Sewer Comprehensive Plan (Awaiting ECY Approval) o Fire Department Strategic Plan Ongoing o Comprehensive Transportation System Master Plan o Butterfield Water Treatment Plant Facility Plan o Source Irrigation -SCBID Evaluation o PWRF Land Treatment Expansion Study o Parks and Recreation Master Plan o Police Strategic Plan o Fire Department Master Plan Update 57 58 Page 151 of 289 11/5/2021 30 Questions? 59 Page 152 of 289 AGENDA REPORT FOR: City Council November 8, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 11/8/21 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Utility Rate Adjustments - Water and Sewer I. REFERENCE(S): Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Utility Rates IV. HISTORY AND FACTS BRIEF: As an enterprise fund, a utility is treated as an independent business, separate from the general government services, both in accounting practices and legal requirements. It is standard for utility systems to conduct rate studies on a periodic basis to ensure they provide adequate revenue for the utilities and that the system conforms with laws, obligations, and conditions that impact its operation. Per the budgeted work plan, City staff has conducted a study of the City's water and sewer utility rates. To assist in this effort, staff engaged the services of a financial consulting organization, FCS Group. The review entailed an in -depth evaluation of the finances of the two utilities, necessary capital expenditures, current and projected operational costs, sufficiency of current rates, and rate adjustments necessary meet the requirements of the two utilities and bond coverage. The City performed its last comprehensive rate study in 2015. However, in subsequent years, staff has utilized the rate model developed by FCS Group to Page 153 of 289 evaluate the adequacy of rates and make recommendation on rate adjustments to Council. V. DISCUSSION: The rate study evaluates annual revenue necessary to fund all financial obligations like operating expenses, debt service payments, and capital investments. Furthermore, the system is required to meet and maintain certain financial targets like debt service coverage ratios and reserve balances to satisfy the system's debt holders as well as fund emergency operations. Rate studie s are particularly critical to evaluate revenue sufficiency over a multi -year period. Utility systems are infrastructure investment heavy and long-term financial analysis of the systems is critical to avoid deferred maintenance, degraded service levels and/or safety, and avoid significant and unplanned increases in rates within a short period to make up for avoiding more reasonable increases along they way. The City's water and sewer services are looking at significant capital costs to repair/replace existing infrastructure and to accommodate future growth. This demand from both spectrums of infrastructure investment is a challenge to balance; significant consideration is made to reduce the impact of such pressures on our customers. Water and sewer capital investment between $113 and $96 million, respectively, exist between 2021-2027. Staff has, or is anticipating to procure, over $73 million in low-interest loans, significantly reducing the City's borrowing cost. The low-interest loans are expected to save the ratepayers over $27 million during the life of the debt when compared to the option of issuance of revenue bonds. Additionally, projects that meet Environmental Protection Agency's Clean Water State Revolving Fund or Drinking Water State Fund are allowed to utilize American Rescue Plan Act (ARPA) funds. The guidelines allow the usage of ARPA funds to make necessary investments to improve access to clean drinking water and invest in wastewater and stormwater infrastructure. An option available to Council is to utilize ARPA to fund eligible projects, further reducing the impact to customers. The rate study prepared by FCS Group has recommended the following adjustments to the City's current water and sewer services rates: Water: Without ARPA Funds Page 154 of 289 With ARPA Funds ($9 million) Sewer: FCS Group will present the study and the recommendation to Council during the November 8th Council Workshop meeting. As illustrated above, use of ARPA funds results in a significant decrease in the needed water rate increases for 2022, 2023, and 2024, re ducing the burden to ratepayers over slightly of total a for these 6% of each 2% by years (compounding effect) for the life (20 years) of a bond to replace the ARPA Funds proposed. Page 155 of 289 Slide 1FCS GROUPBrooke Tacia, Project ManagerNovember 8, 2021Water and Sewer Rate StudyPage 156 of 289 Slide 2FCS GROUPDiscussion Overview●Background●Overview of the rate setting process●Key assumptions●Fiscal policy targets●Summary of findings»Water»Sewer●Next steps●QuestionsPage 157 of 289 Slide 3FCS GROUPBackground●Last comprehensive rate study for water & sewer utilities completed in 2015●Resulted in a three-year rate plan for each utility●Rate strategy included:»System reinvestment phase-in for water and sewer»Sewer: WWTP clarifier and secondary treatment capital projects●Increases from 2019 – 2021:»Water: 3.0% annually»Sewer: 4.0% annually●Revisit rates every 3-5 years to evaluate progressUtility 2016 20172018Water 5.0% 5.0% 5.0%Sewer 9.8% 9.0% 9.0% Page 158 of 289 Slide 4FCS GROUPOverview of Rate Setting ProcessRATE DESIGNRATE DESIGNCUSTOMERBASEALLOCATE COSTS TO CUSTOMER CLASSESALLOCATE COSTS TO CUSTOMER CLASSESDEFINE CUSTOMER CLASSESDEFINE CUSTOMER CLASSESFISCAL MANAGEMENT POLICIESFISCAL MANAGEMENT POLICIESPEAKM & SFIRECUSTOMERFLOWFIXED CHARGESVARIABLE CHARGESCOST OF SERVICECOST OF SERVICEWaterWaterSewerSewerRATE REVENUE REQUIREMENTDEFINE CAPITALNEEDS & FUNDING:•Contributions•Connection revenues•Reserves•Rate FundingECONOMIC ASSUMPTIONSNON-RATEREVENUESO&M COSTSRATE REVENUE REQUIREMENTDEFINE CAPITALNEEDS & FUNDING:•Contributions•Connection revenues•Reserves•Rate FundingECONOMIC ASSUMPTIONSNON-RATEREVENUESO&M COSTSPage 159 of 289 Slide 5FCS GROUPRevenue Requirement Overview●Determine the amount of annual revenue necessary to fund all financial obligations»Operating and maintenance expenses»Debt service (principal & interest)»Capital costs and funding approach●Meet financial parameters and targets»Target debt service coverage ratios»Maintain target reserve balances●Evaluate revenue sufficiency over multi-year period●Develop rate plan to balance financial needs and minimize customer impactsPage 160 of 289 Slide 6FCS GROUPKey Assumptions●Study period 2022 – 2027●Projected rate revenue based on 2020 actuals plus growth●Customer growth»3.0% 2022-2024»2.0% 2025 forward●2022 budget used as baseline – various escalation factors used for future years:»Water FTEs: 3 field ops, 3 plant ops, .5 instrument tech»Sewer FTEs: 2 field ops, 1 maint. mech, .5 instrument tech, 6 plant ops●Doubling of capital expansion fee revenues in 2023●Reallocation of admin interfund charges:»Water: -$900k»Sewer: +900k●New debt»Revenue bonds: 20 year term, 3.5-4.0% interest, 1.0% issuance cost»Low interest loans: 20 year term, 1.75% interest, 1.0% issuance costPage 161 of 289 Slide 7FCS GROUPRevenue Requirement: Financial Policies●Help guide the financial management of the CityPolicy Purpose TargetOperating ReserveTo provide sufficient cash flow to meet daily operating expenses (short-term, annual revenue cycles)60 Days O&MWater: $1.5 mil - $2.0 milSewer: $1.2 mil - $1.6 milCapital Contingency ReserveTo provide a source of funding for emergency repairs, unanticipated capital, and project cost overruns.2% of Plant-In-Service:Water: $2.9 mil - $4.4 milSewer: $2.8 mil - $4.1 milSystem Reinvestment FundingTo ensure ongoing system integrity through reinvestment in the system. Phased in throughout study period for:Water: $700k (2022) - $950k (2027)Sewer: $800k (2022) - $950k (2027)Debt Service CoverageTo ensure compliance with existing loan/debt covenants and maintain credit worthiness for future debt issuance.Minimum Bond Covenant Requirement 1.25Page 162 of 289 Slide 8FCS GROUPWater Revenue RequirementPage 163 of 289 Slide 9FCS GROUPKey Components - Water$3.2$35.9$15.5$13.8$17.7$13.6$13.8 $- $5 $10 $15 $20 $25 $30 $35 $402021 2022 2023 2024 2025 2026 2027MillionsAnnual Capital CostConnection Charges7.8%Cash Funding14.8%Low Interest Loans26.2%Revenue Bonds51.1%Description Water 2021 - 2027Existing Revenue $13.0 mil - $15.3 milO&M Expenses $10.8 mil - $12.5 milExisting Debt Service $2.0 mil - $1.5 milNew Debt Service $2.7 mil - $6.3 milSystem Reinvestment Target $650k - $950kTotal CIP (2021-2027) $113.4 million●$113.4 million in capital projects, funded by cash, connection charge revenues, low-interest loans and revenue bonds:»$8.9 million in connection charges»$16.8 million in cash funding»$29.7 million in low-interest loans »$58.0 million in revenue bonds Page 164 of 289 Slide 10FCS GROUPCapital Summary - Water●$60.1 million in treatment plant upgrades●$26.7 million for reservoir projects●$17.2 million for water mains●$3.6 million for seismic improvements●$5.8 million for various other projects55.7%44.3%Type of CapitalRepair and ReplacementUpgrade/Expansion$113.4 Million Page 165 of 289 Slide 11FCS GROUPWater Revenue Requirement Summary $- $5 $10 $15 $20 $252021 2022 2023 2024 2025 2026 2027MillionsCash Operating ExpensesExisting Debt ServiceNew Debt ServiceRate Funded System ReinvestmentAdditional Rate Funded CapitalTotal Existing RevenuesSample Water Bill Existing 2022 2023 2024 2025 2026 2027Proposed Increases 8.50% 8.50% 8.50% 5.00% 5.00% 5.00%Sample Residential Monthly Bill 26.71$ 28.98$ 31.44$ 34.12$ 35.82$ 37.61$ 39.49$ $ Difference 2.27$ 2.46$ 2.67$ 1.71$ 1.79$ 1.88$ Note: assumes 3/4" meter and 7 ccf of monthly usagePage 166 of 289 Slide 12FCS GROUPWater Single Family Monthly Rate Comparison$23.73 $26.71 $28.98 $33.90 $39.49 $39.89 $57.40 $- $10 $20 $30 $40 $50 $60 $70 Kennewick Pasco (existing) Pasco (2022) Richland Pasco (2027) West Richland Walla WallaAssumes 3/4” meter and 7 ccf monthly usagePage 167 of 289 Slide 13FCS GROUPWater Summary – with ARPA Funds●Use $9 million in American Rescue Plan funds to offset project costs related to the West Pasco Treatment Plant expansion●Revenue bond needs reduced by $9 million●Low interest loan funding would remain at $15.0 millionPage 168 of 289 Slide 14FCS GROUPWater Summary – with ARPA FundsSample Water Bill Existing 2022 2023 2024 2025 2026 2027Proposed Increases 6.50% 6.50% 6.50% 5.00% 5.00% 5.00%Sample Residential Monthly Bill 26.71$ 28.45$ 30.30$ 32.26$ 33.88$ 35.57$ 37.35$ $ Difference 1.74$ 1.85$ 1.97$ 1.61$ 1.69$ 1.78$ Note: assumes 3/4" meter and 7 ccf of monthly usage $- $5 $10 $15 $20 $252021 2022 2023 2024 2025 2026 2027MillionsCash Operating ExpensesExisting Debt ServiceNew Debt ServiceRate Funded System ReinvestmentAdditional Rate Funded CapitalTotal Existing RevenuesPage 169 of 289 Slide 15FCS GROUPARPA - Annual Residential SavingsAnnual Residential Rates 2022 2023 2024Baseline $347.76 $377.28 $409.44ARPA Grants $341.40 $363.60 $387.12Savings $6.36 $13.68 $22.32Total Annual Residential Savings with ARPA (2022-2024):$42.36Page 170 of 289 Slide 16FCS GROUPSewer Revenue RequirementPage 171 of 289 Slide 17FCS GROUPKey Components - Sewer$7.2$24.6$15.8$14.5$18.6$13.3$2.4 $- $5 $10 $15 $20 $25 $302021 2022 2023 2024 2025 2026 2027MillionsAnnual Capital Cost●$96.4 million in capital projects, funded by cash, connection charge revenues, low-interest loans and revenue bonds:»$16.4 million in connection charges»$18.1 million in cash funding»$42.9 million in low-interest loans »$19.0 million in revenue bonds Connection Charges17.0%Cash Funding18.8%Low Interest Loans44.5%Revenue Bonds19.7%Description Sewer 2021 - 2027Existing Revenue $11.3 mil - $13.4 milO&M Expenses $6.4 mil - $10.0 milExisting Debt Service $1.3 mil - $1.1 milNew Debt Service $2.1 mil - $4.1 milSystem Reinvestment Target $725k- $950kTotal CIP (2021-2027) $96.4 million Page 172 of 289 Slide 18FCS GROUPCapital Summary - Sewer36.7%63.3%Type of CapitalRepair and ReplacementUpgrade/Expansion$96.4 Million ●$55.8 million in treatment plant upgrades●$22.3 million for Court and Sylvester mains●$8.6 million for lift stations●$6.1 million for other mains●$3.6 million for various other projectsPage 173 of 289 Slide 19FCS GROUPSewer Revenue Requirement Summary $- $2 $4 $6 $8 $10 $12 $14 $16 $182021 2022 2023 2024 2025 2026 2027MillionsCash Operating ExpensesExisting Debt ServiceNew Debt ServiceRate Funded System ReinvestmentAdditional Rate Funded CapitalTotal Existing RevenuesSample Sewer Bill Existing 2022 2023 2024 2025 2026 2027Proposed Increases 0.00% 0.00% 4.00% 4.00% 4.00% 4.00%Sample Residential Monthly Bill 35.38$ 35.38$ 35.38$ 36.80$ 38.27$ 39.80$ 41.39$ $ Difference -$ -$ 1.42$ 1.47$ 1.53$ 1.59$ Page 174 of 289 Slide 20FCS GROUPSewer Single Family Monthly Rate Comparison$25.60 $30.38 $35.38 $35.38 $41.39 $48.00 $58.60 $- $10 $20 $30 $40 $50 $60 $70 Richland Kennewick Pasco (existing) Pasco (2022) Pasco (2027) West Richland Walla WallaPage 175 of 289 Slide 21FCS GROUPCombined Single Family Monthly Bill Comparison$54.11 $59.50 $62.09 $63.83 $80.88 $87.89 $116.00 $- $20 $40 $60 $80 $100 $120 $140 Kennewick Richland Pasco (existing) Pasco (2022) Pasco (2027) West Richland Walla WallaAssumes 3/4” meter and 7 ccf monthly usagePage 176 of 289 Slide 22FCS GROUPNext Steps●Incorporate feedback»Revenue requirement: move forward with the following:»Apply ARPA dollars towards water capital to reduce rate path:●Rates effective January 1, 2022●2022 Goals»Cost of Service for water and sewer»Update capital expansion feesUtility 2022 2023 2024 2025 2026 2027Water8.5%8.5%8.5%5.0%5.0%5.0%Sewer0.0%0.0%4.0%4.0%4.0%4.0%Utility 2022 2023 2024 2025 2026 2027Water 6.5% 6.5% 6.5% 5.0% 5.0% 5.0%Sewer 0.0% 0.0% 4.0% 4.0% 4.0% 4.0% Page 177 of 289 Slide 23FCS GROUPPage 178 of 289 Slide 24FCS GROUPThank you! Brooke Tacia, Project Manager425-502-6225brooket@fcsgroup.comwww.fcsgroup.comPage 179 of 289 AGENDA REPORT FOR: City Council November 2, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 11/8/21 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Resolution - Amendment to Mid Columbia Library Agreement I. REFERENCE(S): Proposed Resolution Proposed Amendment for Extension to Interlocal (Six Months) Powerpoint Presentation from Kyle Cox, Director, Mid-Columbia Libraries II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation and Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On June 7, 2010, the City of Pasco entered into an Interlocal Cooperation Agreement (ILA) with Mid-Columbia Libraries (MCL) to provide library locations and services to the community. The term of the this current agreement commenced on January 1, 2011, and expires on December 31, 2020. On October 5, 2020, this agreement was extended one additional year to now expire on December 31, 2021. Contained within the ILA are stipulations on conditions of service, provision of library materials and staff to serve the community, as well as locations from which the library will be based. The primary location (Main Branch) is at 120 West Hopkins Street. This facility is city owned, with MCL operating the use as a library branch, with the City in charge of maintenance, operations of the facility, and capital improvements. In 2008, the MCL contributed to the capital improvements of the facility consisting of the installation of carpet and chair rails, along with painting. For this facility, there is a shared usage clause wherein the Page 180 of 289 City may use the library for common meeting space as needed, schedule permitting. The agreement, also outlines the District agreeing to rent, staff, and maintain a branch in the western portion of the City, a location currently found at 752 5 Wrigley Drive and has been in operation since April of 2013. The West Pasco Branch is not in a city-owned facility and the City has no maintenance and operations responsibilities for the facility. V. DISCUSSION: The resolution and amendment request a six-month extension to the current extended agreement in order for the City and MCL to strategically plan future facility locations in relation to short and medium -term capital facility plans. This proposed extension will allow sufficient time for each pa rty to examine the tenets of the original agreement, determine a collective future based upon current trends, explore the potential for expanded and shared facilities, and expansion of services. Mid-Columbia Libraries and the City of Pasco are developin g a collaborative strategy to enhance service to the community. Part of this discussion has been establishing a presence in eastern Pasco for the library, including the possibility for MCL to be included with expansion of the Pasco Martin Luther King Cente r (MLK). As well, the City is looking at additional Parks and Recreation facility expansion in western Pasco, including a new regional park and Community Center. The timing for these efforts will run into early 2022, with determinations on the scale of improvements and expansion at MLK and the completion of the Parks, Recreation, and Open Space (PROS) Plan update finishing before March 2022. With these efforts taking place, it was mutually determined by both parties to extend the current agreement for a period of six (6) months in order to provide a clearer picture on facility and program expansion for Pasco residents. This will enable the City and MCL, to provide a more comprehensive update to the next 10-year ILA. MCL will be back to City Council in March to present with staff the details of the new 10-year ILA to be ratified in June 2022. Page 181 of 289 Resolution – Amend No. 2 ILA for Library Services - 1 RESOLUTION NO. A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AMENDING THE INTERLOCAL AGREEMENT WITH THE MID- COLUMBIA LIBRARIES FOR A SIX-MONTH EXTENSION. WHEREAS, the City of Pasco and Mid-Columbia Libraries entered into an Interlocal Agreement (ILA) December 3, 2001, for the purpose of providing library services to the citizens of the City of Pasco, later amended by Addendum dated November 19, 2008, then extended by an agreement dated February 16, 2010. A new ILA was entered into on June 7, 2010 for a ten- year period ending on December 31, 2020 and extended by Amendment No. 1 dated October 2, 2020 which expires December 31, 2021; and WHEREAS, the Mid-Columbia Libraries is seeking a six-month extension to the Interlocal Agreement, to end on June 30, 2022; 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 amend the Interlocal Agreement with Mid-Columbia Libraries for six-months. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Be It Resolved, that the City Manager is authorized to sign and execute Amendment No. 2 to the Interlocal Agreement between the City of Pasco and the Mid-Columbia Libraries for a six-month extension, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and to take all necessary steps required to accomplish this transaction; and Be It Further Resolved, that this Resolution shall take effect immediately; and Be It Further Resolved, that the City and the Mid-Columbia Libraries agree that all terms and provisions of the Agreement shall remain unchanged, except as expressly modified by this Amendment. PASSED by the City Council of the City of Pasco, Washington this 15th day of November, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 182 of 289 Amendment No. 2 ILA With Mid-Columbia Libraries - 1 AMENDMENT NO. 2 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY PASCO AND MID-COLUMBIA LIBRARIES THIS AMENDMENT, made and entered into this _____ day of November 2021, by MID- COLUMBIA LIBRARIES, an intercounty rural library district of Benton and Franklin Counties, by and through the Board of Trustees of the same, duly organized and existing under the laws of the State of Washington, hereinafter called the “District”, and the CITY OF PASCO, WASHINGTON, a municipal corporation hereinafter called the “City”. WITNESSETH: WHEREAS, the District and the City have been operating successfully under an Agreement dated June 7, 2010 and Amendment No. 1 on October 20, 2020 which expires on December 31, 2021; and WHEREAS, the City and the District desire to extend the contract through June 30, 2022, to allow the City and the District additional time to review and negotiate the terms and conditions of a successive Agreement in a way that continues to be beneficial to both parties, and which continues to give the best library service to the greatest number of people, including the residents of the City. NOW THEREFORE, IT IS HEREBY AGREED as follows: 1. That Section XII. Term of Agreement of the Interlocal Cooperation Agreement dated June 7, 2010, is hereby amended and the Agreement is hereby extended through June 30, 2022; and Amendment No. 2 shall replace and supersede Amendment No. 1 “Term of Agreement.” 2. All other terms and conditions of the Agreement remain in full force and effect except as to the extent set forth in this agreement. IN WITNESS THEREOF, the District and the said City have caused this Amendment to be executed by their respective officers on the day and year first written above. MID-COLUMBIA LIBRARIES CITY OF PASCO By: ___________________________ By: ____________________________ Tom Callahan, Chairman Dave Zabell, City Manager Board of Trustees Page 183 of 289 Amendment No. 2 ILA With Mid-Columbia Libraries - 2 Attested to by: Attested to by: _______________________________ ___________________________________ Kyle P. Cox, Executive Director Debra Barham, CMC, City Clerk Approved as to Form: ___________________________________ Kerr Ferguson Law, PLLC, City Attorney Page 184 of 289 Mid-Columbia Libraries Presentation to Pasco City Council Page 185 of 289 Library Service in Pasco 111 years of library servicePage 186 of 289 We enhance our region’s quality of life.Page 187 of 289 Page 188 of 289 Our Board Louise Matzner Ed Frost Martin Valadez Susan Paysse Sandy LePage Vacancy Ivone Guillen Page 189 of 289 $0.39 $0.35 $0.34 $0.50 $0.44 $0.47 $0.44 $0.31Page 190 of 289 2020 -Funding per Capita $51.36 $82.98 $58.46 $32.10 $52.22 $62.07 $108.21 $78.81 $55.41 $46.30 $64.78 $47.20 $32.25 $0.00 $20.00 $40.00 $60.00 $80.00 $100.00 $120.00 Ft. VancouverKingKitsapMid-ColumbiaNorth CentralPierceSeattle*Sno-IsleSpokaneSpokane*Tacoma*TimberlandYakimaFunding per capita E WA AveragePage 191 of 289 COVID CHANGES EVERYTHING The Fight for Curbside: April -July Back into the Swing: August -October Regulatory Volatility: November -PresentPage 192 of 289 0.43 0.55 0.44 0.73 0.76 0.56 0.50 0.48 0.39 0.79 0.88 0.49 0.22 0.00 0.10 0.20 0.30 0.40 0.50 0.60 0.70 0.80 0.90 1.00 Ft. VancouverKingKitsapMid-ColumbiaNorth CentralPierceSeattle*Sno-IsleSpokaneSpokane*Tacoma*TimberlandYakimaRegistered cardholders per capita E WA Average 2020 -Registered Cardholders per Capita Page 193 of 289 2020 -Checkouts per Capita 6.99 9.80 6.37 5.34 2.99 5.56 9.29 7.12 5.60 4.69 3.98 5.18 2.03 0.00 2.00 4.00 6.00 8.00 10.00 12.00 Ft. VancouverKingKitsapMid-ColumbiaNorth CentralPierceSeattle*Sno-IsleSpokaneSpokane*Tacoma*TimberlandYakimaCheckouts per capita E WA AveragePage 194 of 289 1.17%0.61%0.52%0.37%1.31%1.41% 4.64% 12.09% 19.03% 58.86% Satisfaction 0% 10% 20% 30% 40% 50% 60% 70% 1 2 3 4 5 6 7 8 9 10 Average rating = 9.09 Top 3 Box = 89.98% Top 5 Box =96.03% 2020 –Overall Customer Satisfaction n=2,337; 95% confidence interval, +/-2% margin of errorPage 195 of 289 1.79%0.14%0.28%0.38%1.13%1.04%1.75%4.58%6.80% 82.11% Likely to recommend 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 1 2 3 4 5 6 7 8 9 10 Average rating = 9.47 Top 3 Box = 93.49% Top 5 Box = 96.27% MCL Net Promoter Score= 84.14% 2020 –Likelihood to Recommend n=2,337; 95% confidence interval, +/-2% margin of errorPage 196 of 289 Pasco Libraries and COVID Page 197 of 289 Mid-Columbia Libraries’ Pasco Branches Pasco Branch -1320 W. Hopkins St. Open Seven Days a Week Page 198 of 289 Mid-Columbia Libraries’ Pasco Branches West Pasco Branch -7525 Wrigley Dr. Open Seven Days a Week Page 199 of 289 # of Pasco Resident Cardholders 55,838 % of Cardholders Per Capita 72% # of Pasco Residents Registered at Non-Pasco Branches 7,023 # of Non-City Resident Cardholders 4,536 # of Instant Digital Cardholders for OverDrive and Libby 2,922 Average Age of Cardholder 36.6 Pasco Library Customer Demographics: 2020 Page 200 of 289 West Richland Customers Over 303,000 items from Mid-Columbia Libraries’ collection were checked out by Pasco library customers. Forty-four percent of these checkouts were digital. More than 180 grab bags were created by MCL staff for Pasco customers in the last two months of 2020. Over 10,218 items were borrowed by Pasco School District students using the Sora platform from June to December 2020. Pasco Libraries Usage: 2020 Page 201 of 289 Page 202 of 289 Page 203 of 289 Library Programs Page 204 of 289 2020 -Program Participation per Capita 0.05 0.10 0.09 0.34 0.41 0.05 0.21 0.07 0.07 0.24 0.08 0.01 0.04 - 0.05 0.10 0.15 0.20 0.25 0.30 0.35 0.40 0.45 Ft VancouverKingKitsapMid-ColumbiaNorth CentralPierceSeattle*Sno-IsleSpokaneSpokane*Tacoma*TimberlandYakimaProgram Participants per Capita E WA AveragePage 205 of 289 Page 206 of 289 Online Children’s Library Programs Page 207 of 289 Page 208 of 289 Mid-Columbia Libraries’ Diverse Collections Asian American Pacific Islander Refugee Experience Ramadan American Sign Language Cinco de MayoPage 209 of 289 Providing Value to the Residents of Pasco Page 210 of 289 Providing Value to the Residents of Pasco Page 211 of 289 Providing Value to the Residents of Pasco Page 212 of 289 The Collection of Mid-Columbia LibrariesPage 213 of 289 West Richland Customers Approximately $1.3 million of our 2020 budget was invested in materials available to all customers. The entire Mid-Columbia Libraries collection is worth over $10.8 million. Mid-Columbia Libraries has the largest Digital Spanish Language Collection in the state of Washington and the second largest physical collection!Page 214 of 289 2020 -% of Budget Spent on Collection 12% 11%10% 17% 9% 10% 12% 14% 16% 11% 8% 12% 11% 0% 2% 4% 6% 8% 10% 12% 14% 16% 18%Ft VancouverKingKitsapMid-ColumbiaNorth CentralPierceSeattle*Sno-IsleSpokaneSpokane*Tacoma*TimberlandYakimaPercent of Budget Spent on Collection E WA AveragePage 215 of 289 2020 -Checkouts per Collection Dollar Spent 1.4 1.2 1.2 1.1 0.8 0.9 0.7 0.8 0.7 1.0 0.8 0.8 0.7 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 Ft. VancouverKingKitsapMid-ColumbiaNorth CentralPierceSeattle*Sno-IsleSpokaneSpokane*Tacoma*TimberlandYakimaCheckouts per collection dollar spent Eastern WA AveragePage 216 of 289 2020 –Collection Items per Capita 1.49 2.84 1.55 2.03 2.60 1.63 3.49 1.77 1.80 1.78 3.29 2.17 1.22 - 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Ft VancouverKingKitsapMid-ColumbiaNorth CentralPierceSeattle*Sno-IsleSpokaneSpokane*Tacoma*TimberlandYakimaCollection Items per Capita E WA AveragePage 217 of 289 2020 –Digital Collection Holdings 129,481 72,578 228,394 137,997 362,584 257,291 111,237 104,373 41,220 96,957 41,183 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 500,000 Ft VancouverKingKitsapMid-ColumbiaNorth CentralPierceSeattle*Sno-IsleSpokaneSpokane*Tacoma*TimberlandYakima726,486 836,289 Page 218 of 289 Learning and Literacy By 2030, 90% of families with children will agree and/or strongly agree as a result of checking out library materials, participating in library programs and events, and using library services: Average Score Percentage of Top 5 Goal I read more with my child(ren).8.809395973 92%90% I feel better connected with my child(ren).8.734246575 90%90% My child(ren) read more, enjoy reading more, and are more confident in their reading.9.02182285 94%90% My child(ren) are better able to explore their interests and gain new interests.9.07012987 94%90% My child(ren) enjoy learning more.8.94248366 93%90% My child(ren) better understand our world.8.650750341 91%90% My child(ren)'s lives are better than if we did not use Mid- Columbia Libraries.8.964566929 92%90%Page 219 of 289 Looking to the Future: 2022 Continue to work with City to Finalize New ILA Region-wide Community Needs Survey -Spring New Strategic Planning Process -SummerPage 220 of 289 Page 221 of 289 AGENDA REPORT FOR: City Council November 3, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 11/8/21 FROM: Rick White, Director Community & Economic Development SUBJECT: PMC Amendments Increasing Residential Building Capacities - E2SHB 1923 I. REFERENCE(S): Staff Presentation Attachment 1: City of Pasco House Bill 1923 Authorization Letter Attachment 2: Washington State Department of Commerce Award Letter Attachment 3: Washington State Department of Commerce Support Letter II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The Pasco City Council had previously directed staff to explore actions that would increase residential building capacities through Engrossed Second Substitute House Bill 1923 (“HB 1923”). Staff was notified in November 2019, that three proposed actions (PMC amendments) were awarded grant funding by the Washington State Department of Transportation. The three proposed actions are summarized below: Action 1: Authorize at least one duplex, triplex, or courtyard apartment on each parcel in one or more zoning districts that permit single-family residences, unless a City documents specific infrastructure or physical constraints that would make this unfeasible for a particular parcel. • Planning Commission Recommendation: April 2021 Page 222 of 289 • Pasco City Council: TBD o A staff presentation was provided at the May 10, 2021 Workshop Action 2: Authorize cluster zoning or lot size averaging in all zoning districts that permit single-family residences. • Planning Commission Recommendation: December 2020 • Pasco City Council: April 2021 (Ordinance No 4522) Action 3: Authorize attached accessory dwelling units on all parcels containing single - family homes where the lot is at least three thousand two hundred square feet in size and permit both attached and detached accessory dwelling units on all parcels containing single-family homes, provided lots are at least four thousand three hundred fifty-six square feet in size. • Planning Commission Recommendation: July 2020 • Pasco City Council: TBD Pasco and many other communities across the state and country are identifying methods to increase housing affordability. In the State of Washington, housing affordability is intensified by the shortage and cost of buildable lands and increasing cost and dependability of materials. The grant from the Department of Commerce funded the Pasco Municipal Code (PMC) changes (actions) intended to encourage the production of more housing and a greater variety of housing types. Policy Guidance The following provides an overview of the plans, policies, goals, and objectives that have been adopted by the State of Washington, regional and local agencies implemented with the proposal. City of Pasco - Council Goals 2020-2021 (Resolution No. 3985) The City of Pasco develops a set of goals every two years based on input from community members. The input was collected over a series of dates and forums in February and March 2020, and the 2019 National Citizen Survey. The goals below are part of a larger set of strategies adopted by the Pasco City Council on September 21, 2020. • Teaming with local and regional partners to develop a Housing Action Plan with a focus on strategies that emphasize affordable housing. • Updating policies relating to the urbanization of the unincorporated islands to assure consistency with long-range planning, community safety, and fiscal sustainability. Page 223 of 289 • Collaborating with regional and community partners to evaluable and implement strategies to reduce the incidences of homelessness City of Pasco 2018-2038 Comprehensive Plan (Ordinance No. 4537) Adopted on June 7, 2021, the Comprehensive Plan is a statement of goals and policies that outlines the community’s vision for the future. The Plan guides city decisions on how to address rapid population growth, including housing. The following goals are derived from the Housing Element of the Comprehensive Plan. • Housing Goal 1: Encourage housing for all economic segments of the City’s population consistent with the local and regional market. • Housing Goal 2: Preserve and maintain the existing housing stock for present and future residents. • Housing Goal 3: Encourage housing design and construction that ensures long-term sustainability and value. • Housing Goal 4: Support efforts to provide affordable housing to meet the demands of the community. 2020-2024 Tri-Cities Consortium Consolidated Plan (Resolution No. 3919) The plan represents a continuing collaboration of the Cities of Kennewick, Richland, and Pasco in developing common goals to meet affordable housing and public service needs. The plan identified the following priorities to address: • The need for affordable housing creation, preservation, access, and choice. • The need for community, neighborhood, and economic development. • The need for homeless intervention, prevention, and supportive public services. Background on Proposal/Actions This staff report summarizes the proposed actions to complete the House Bill 1923 efforts and implements the plans, goals, and policies provided under Policy Guidance. The intent is to increase housing supply, create affordable housing options, increasand our throughout types housing e choice the of neighborhoods. Residents in Pasco face increasing challenges in accessing housing they can afford that meets their needs. One part of the solution is to modify portions of the City's Zoning Code (Title 25) to allow for more housing types. Action 1: Duplexes, Triplexes, and Courtyard Apartments This proposal would increase housing options by allowing residential uses that appear and function similarly to single-detached homes. This has often been referred to as "missing middle housing." Missing Middle Housing is a range of house-scale buildings with multiple units, comparable in scale and form with the Page 224 of 289 existing detached single-family homes. These housing types include options such as duplexes, triplexes, fourplexes, cottage courts, and courtyard apartments. They are called "missing" because they have been prohibited from the majority of our zoning districts, and "middle" because they sit in the middle of a spectrum between single-family homes and mid-rise to and denser varieties. This type of development provides communities with additional options for housing variety and character that can meet their needs. Examples of this housing variety exist in new and older neighborhoods in Pasco. For Action 1, the City has chosen to pursue amending the PMC to remove restrictions in one or more zoning districts to allow at least one duplex, triplex, or courtyard apartment on each parcel. The details of the Planning Commission recommendation are summarized in the Discussion. Action 3: Accessory Dwelling Units (ADUs) For Action 3, city staff is pursuing an amendment to the PMC that would permit both parcels. all on (ADUs) accessory detached and attached dwellings Accessory dwelling units (ADU) are small, self-contained residential units located on the same lot as an existing single-family home. An ADU provides the same basic functions and facilities as a typical home necessary for daily living but is independent of the main home. ADUs are generally defined to be smaller in size and prominence than the main residence and are historically embedded in many low-density single-family neighborhoods across the county. The PMC (25.15.030) defines accessory dwelling units as a second and subordinate dwelling unit added to or created within a single-family dwelling that provides basic requirements for living, sleeping, cooking, and sanitation. The PMC Pasco’s restricts the construction of detached accessory dwellings. existing regulations on ADUs also make them financially difficult to construct and feasible for property owners. This includes strict size limitations, prohibiting detached accessor dwellings, owner-occupancy, and parking requirements. Attached, Detached and Interior ADUs Depending on their location relative to the primary dwelling unit, ADUs can be classified into three categories: interior, attached, and detached. Interior ADUs are located within the primary dwelling and are typically built through the conversion of existing space, such as an attic or basement. Attached ADUs are living spaces that are added to the primary dwelling. The additional unit can be located to the side or rear of the primary structure but can also be constructed on top of an attached garage. Detached ADUs are structurally separate from the primary dwelling. They can be constructed over existing accessory structures, such as a detached garage, Page 225 of 289 or they can be built as units that are separate from accessory and residential structures. The Planning Commission recommendation (summarized in the Discussion Section) proposes to remove restrictions on detached ADUs, off -street parking, owner-occupancy, and size requirements. Environmental Determinations The City (Lead Agency) issued the Environmental (SEPA) Determination of Non- Significance on December 21, 2020, for Action 1 (Duplex, Triplex, and Courtyard Apartments) and on May 24, 2021, for Action 3 (Accessory Dwellings) indicating that the proposal does not have a probable significant adverse impact on the environment. Public notice was distributed and published in the Tri-City Herald as required by Pasco Municipal Code (PMC 25.210.040). Planning Commission & Public Hearings The City held meetings in 2020 and 2021 to discuss the merits of Actions 1 and 2. Between the two, there were 11 total meetings, including seven public hearings. The city received one formal comment in support of accessory dwellings, one phone call expressing concern on the increasing residential densities, and one letter of support from the Washington State Department of Commerce (attached). Action 1 (Duplexes, Triplexes, and Courtyard Apartments) was presented to the Pasco City Council Workshop on May 10, 2021. During that meeting, staff received a comment regarding added density impacts on the R-S-20 zoning district in the "Riverview" and recently annexed areas, and, also regarding the overlay applied to the areas bound by Interstate I-182, U.S. 395, and the Columbia River. These items have been addressed in the Discussion section of this staff report. Community and Stakeholder Input City staff was able to utilize results from the 2020 National Citizen Survey, and also created and distributed a survey to housing and development stakeholders in the Fall of 2020 for the Housing Choices Survey. The results below are from those surveys. • 57% - Housing prices are forcing residents to seek housing outside of Pasco • 95% - More housing options are strongly needed in Pasco • 77% - Support or strongly support allowing more duplexes • 64% - Support or strongly support allowing more triplexes Page 226 of 289 • 55% - Support or strongly support allowing both attached and detached accessory dwellings • 74% - Support affordable housing incentives • 65% - Support zoning changes to increase housing supply • 61% - Support letting the "market" decide Of particular concern received, was the cost of land, which was ranked as the highest barrier to housing development. The proposed amendments for Council review are consistent with, and, address community and stakeholder input received on creating more housing opportunities for Pasco residents. V. DISCUSSION: The rapid increase of housing costs has created additional challenges for our developers to meet the demand and stresses on residents searching for housing with limited options. Staff identified constraints within the City's existing regulatory framework that, with minor modifications, would at the very least increase housing options available without risking the safety, health, and welfare of our community. The PMC related to zoning currently prohibits attached dwellings in four out of seven residential zoning districts. That equates to 84% of Pasco's residentially zoned land does not allow for the most affordable type of home. Allowing more housing options increases design and development flexibility for local builders and developers while providing residents with additional choices. Lifting the restrictions also helps to solve the mismatch between the limited housing supply and the growing our to proximity within walkable increased for demand access neighborhoods, schools, parks, and retail areas. Action 1 Recommendations Permitted Housing Options by Residential Zoning District Zoning District Duplex Triplex Courtyard Apartment RS-20 Not Permitted Not Permitted Not Permitted RS-12 Permitted Permitted on corner lots within 1/4 mile of public land use or facility. Not Permitted RS-1 Permitted Permitted Permitted on corner lots within 1/4 mile of public land use or facility. R-1 Permitted Permitted Permitted R-2 Already Permitted Already Permitted Already Permitted Page 227 of 289 R-3 Already Permitted Already Permitted Already Permitted R-4 Already Permitted Already Permitted Already Permitted Development Standards by Residential Zoning District Zoning District Max Building Height Max Lot Coverage RS-20 35' (No Change) 40% (No Change) RS-12 35' (No Change) 40% (No Change) RS-1 25' to 35' 40% R-1 25' to 35' 40% R-2 25' to 35' (No 40% Change); SF: MF: Determined by parking and setbacks R-3 SF: 40' (No Change); MF: 45' Change); 60% (No SF: MF: Determined by parking and setbacks R-4 45' SF: 60% (No Change); MF: Determined by parking and setbacks Action 3 Recommendations The table below is based on the recommendations from the Pasco Planning Commission. Criteria that are part of the House Bill 1923 and 2343 Legislations are marked with an asterisk*. Criteria Recommendation Rationale *Detached ADUs None The City already allows for Attached ADUs (PMC 25.165.040). Detached ADUs provide the most privacy for all residents and may provide a better living arrangement for those who want an ADU but do not wish to have someone else living physical same in the structure. *Off-Street Parking Requirements None building lots, an On many additional parking spot is either impossible or highly undesirable; building parking spaces add significant costs to the homeowner and additional curb potential cuts present safety hazards. Page 228 of 289 Occupancy *Owner Requirements Remove Limiting the construction and permitting of ADUs to owner- occupancy restricts the availability of housing available for our rapidly growing community, it also limits the financial incentives for existing homeowners who may benefit from renting an ADU on their lot. *Maximum Unit Size Shall not exceed 1,000 square feet or 55% of the total square footage of the primary residence or dwelling, whichever is smaller. Size limits can ensure that the ADU is an accessory to the main home. Size limit regulations can also be helpful for increasing the supply of small, affordable housing. This standard thus serves as a cap, particularly for large other lots where requirements do not otherwise constrain the maximum ADU size. Design Standards Allow for a design that is complimentary, but not necessarily identical the to primary dwelling. Flexible design standards can allow homeowners to consider the use of modular/prefab units that can reduce costs and time required for construction. Height Shall be no taller than the primary dwelling or 25 feet, whichever is less. Accessory structures should complement the primary dwelling but shall be constructed to indicate it is accessory in nature. Existing/Unpermitted ADUs Create opportunities to nonbring - conforming units current to standards. Although unpermitted units raise issues, they are often rented at below-market Allowing rents. homeowners with unpermitted nonconforming bring units to ADUs to building code creates a safer for living environment tenants and retains much- needed naturally affordable housing. Rear Yard Coverage Detached ADUs can occupy no The 60% percent threshold would be flexible to allow for most residential yards to feasibly construct a DADU but Page 229 of 289 more than 60% of the rear yard. would prevent rear yards from comprising an overburdensome amount of pavement or building structure(s) preserving open space. Setbacks 1. Side yard setbacks of the underlying residential zoning district shall apply. 2. Rear Yard setbacks of the underlying residential zoning district for accessory structures shall apply. 3. minimum The distance between habitable structures (principal dwelling and accessory dwelling) shall be 10 feet and 6 feet between non- habitable structures (sheds, garages, etc). Staff is recommending that restrictions based on the underlying residential zoning for in remain district place visibility and privacy concerns. Minimum Lot Size None Although there will not be a minimum lot size for the construction of an ADU, the regulations for setback, rear yard coverage, and lot would configurations prevent the construction of ADU on a lot that cannot feasibly or safely allow for one. Bedroom Limit None Rather than a bedroom limit, the maximum size of the ADU, in addition the lot to coverage, setback, and height regulations Page 230 of 289 will indicate what type or size of ADU is possible. Utility Service Requirements Shall be connected to the utilities of the principal dwelling unit (except telephone, television, internet). This requirement currently is in place in the existing accessory dwelling regulations. Permitting Process Shall be processed ministerially. Unnecessary or complex increase processes permitting the cost, time, and resources for both the applicant and city staff. Efforts should be made to simplify the experience for the applicant. The Department will also create a ADU standalone guide for applications to assist applicants interested in ADU construction. In addition to the proposed changes above, staff emphasizes that the overall density (number of homes per acre) is still regulated by the Pasco Comprehensive Plan adopted by Council. All applications will be required to be in conformance with the densities prescribed by the Comprehensive Plan and development regulations in the PMC. The proposals offer significant benefits in the form of increased options for Pasco's community. They represent meaningful revisions that begin to address the City's ongoing housing crisis, implementing the Comprehensive Plan Goals & Policies and established City Council Goals, and responding to the input staff has received from community members, stakeholders, and partner agencies. The ongoing Housing Action Plan efforts will be well served by this proposal. Page 231 of 289 Increasing Residential Building Capacity (HB 1923) Summary on House Bill 1923 “Increasing urban residential building capacity” •Enacted by Washington State Legislature Summer 2019 •Staff authorized by City Council to pursue options/actions, September 2019 •Staff received Washington State Department of Commerce Grant, November 2019 •Action 1: Duplexes, Triplexes, Courtyard Apartments •Action 2: Lot Size Averaging •Action 3: Accessory Dwelling UnitsPage 232 of 289 Increasing Residential Building Capacity (HB 1923) Action 1:Duplexes, Triplexes, Courtyard Apartments Authorize at least one duplex,triplex or courtyard apartment on each parcel in one or more zoning districts that permit single-family residences unless a city documents a specific infrastructure of physical constraint that would make this requirement unfeasible for a particular parcel; Applicable Municipal Code Areas: •PMC Title 21: Pasco Urban Area Subdivision Regulations •PMC Title 25: Zoning Development StandardsPage 233 of 289 Increasing Residential Building Capacity (HB 1923) Action 3:Accessory Dwelling Units (ADUs) Authorize attached accessory dwelling units on all parcels containing single-family homes where the lot is at least three thousand two hundred square feet in size and permit both attached and detached accessory dwelling units on all parcels containing single-family homes,provided lots are at least four thousand three hundred fifty-six square feet in size. Applicable Municipal Code Areas: •PMC Title 21: Pasco Urban Area Subdivision Regulations •PMC Title 25: Zoning Development StandardsPage 234 of 289 Increasing Residential Building Capacity (HB 1923) Policy References •City of Pasco Council Goals 2020-2021 (Resolution No 3985) •2018-2038 Pasco Comprehensive Plan (Resolution No 3998) •2020-2024 Tri-Cities Consolidated Plan (Resolution No 3919) •Franklin County County-Wide Planning Policies (Resolution No 2019-312) •Washington State Growth Management Act (RCW 36.70A.020)Page 235 of 289 Increasing Residential Building Capacity (HB 1923) •What is Pasco’s current housing supply and characteristics? •What are the housing needs of individuals in Pasco today, and in the future? •What are the current policies (zoning, development standards) that encourage or exclude housing? •Can we meet our growth target?Page 236 of 289 Increasing Residential Building Capacity (HB 1923) Current housing supply Total Occupied Households 21,824 Owner 15,104 Renter 6,720 Average Household Size Owner Occupied 3.30 Renter Occupied 3.36 Source: US Census American Community Survey 2019 (5yr Estimates) 0.00%10.00%20.00%30.00%40.00%50.00%60.00%70.00%80.00% 1-Unit, Detached 1-Unit, Attached 2 Units 3 or 4 Units 5 to 9 Units 10 to 19 Units 20 or more Units Mobile Home Boat, RV, Van, etc Housing Types Percentage 0 2,000 4,000 6,000 8,000 1959 or earlier 1960 - 1969 1970 - 1979 1980 - 1989 1990 - 1999 2000 - 2009 2010 - Current Total Housing Units Total Housing UnitsPage 237 of 289 Increasing Residential Building Capacity (HB 1923) Housing needs of Pasco residents $60,377 Median HH Income Source: 2020 Decennial Census $150,000 $196,000 $240,000 $287,000 $359,330 $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 PASCO HOUSING OVERVIEW ZHVI Zillow (https://www.zillow.com/pasco-wa/home-values/)Page 238 of 289 Increasing Residential Building Capacity (HB 1923) Cost Burdened Households (2014-2019) 16.4% 42.8% 17.1% 54.4% 23.1% 43.4% 16.9% 49.4% Source: 2010-2014 –2015-2019 Census American Community SurveyPage 239 of 289 Increasing Residential Building Capacity (HB 1923) Current Policies Low Density 84% Medium Density 14% High Density 2% Residential Land Use DistributionPage 240 of 289 Increasing Residential Building Capacity (HB 1923) Density Gap (Analysis) *Density ranges derived from Zoning Districts permitted in each Land Use 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 Low Density Medium Density High Density Mixed Residential & Commercial Current vs Permitted (Allowed Densities) Current Low Mid HighPage 241 of 289 Increasing Residential Building Capacity (HB 1923) “Missing Middle Housing” A range of housing with multiple units compatible in scale and form with detached single-family homes. •Duplexes •Triplexes •Courtyard Apartments •Accessory DwellingsPage 242 of 289 Page 243 of 289 Increasing Residential Building Capacity (HB 1923) Planning Commission / Staff Recommendations Zoning District Duplex Triplex Courtyard Apartment RS-20 Not Permitted Not Permitted Not Permitted RS-12 Permitted Permitted on corner lots within ¼ mile of public land use or facility Not Permitted RS-1 Permitted Permitted Permitted on corner lots within ¼ mile of public land use or facility R-1 Permitted Permitted Permitted R-2 Already Permitted Already Permitted Already Permitted R-3 Already Permitted Already Permitted Already Permitted R-4 Already Permitted Already Permitted Already PermittedPage 244 of 289 Increasing Residential Building Capacity (HB 1923) Staff Recommendations Zoning District Maximum Building Height Maximum Lot Coverage RS-20 35’ (No Change)40% (No Change) RS-12 35’ (No Change)40% (No Change) RS-1 25’ to 35’40% R-1 25’ to 35’40% R-2 25’ to 35’SF: 40% (No Change) MF: Determined by parking & setbacks R-3 SF:40’ MF: 45’ SF: 60% (No Change) MF: Determined by parking & setbacks R-4 45’ SF: 60% (No Change) MF: Determined by parking & setbacksPage 245 of 289 Increasing Residential Building Capacity (HB 1923) ◦Pasco Housing Choices Survey ◦N = 44; As of 11/16/2020 ◦57%: Housing prices are forcing community members to seek housing outside of Pasco ◦50%: Rental prices are forcing community members to seek housing outside of Pasco ◦95%: More housing options are needed in Pasco 54.55% 22.73% 9.09%9.09%6.82% 43.18% 20.45% 6.82% 13.64%15.91% 54.55% 36.36% 2.27%6.82% 0.00%0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% Strongly Agree Somewhat Agree Not Sure Somewhat Disagree Strongly Disagree Support for more housing Options Duplxes Triplexes/Fourplexes Accessory DwellingPage 246 of 289 Increasing Residential Building Capacity (HB 1923) What are Accessory Dwellings? Smaller, independent dwelling unit located on the same lot as a stand-alone home. Source: AARP “The ABCs of ADUs”Page 247 of 289 Increasing Residential Building Capacity (HB 1923) ADUs are affordable and flexible •Since the land on which an ADU is built already belongs to the homeowner, the expense to build a secondary residence is for the new structure only. •ADUs are typically owned and managed by homeowners who live on the premises. Such landlords are less likely to raise the rent once a valued tenant has moved in. •Individual housing choices change over time, ADUs can be adapted for different household types, incomes and employment. •Entry level housing for young people •Enables families to provide options for families to expand beyond their primary homePage 248 of 289 Increasing Residential Building Capacity (HB 1923) Planning Commission Recommendations (07/15/2021) Regulation / Criteria Recommendations Rationale *Attached/Detached ADUs •Allow one of each (when design, development and lot standards are met) The City already allows for Attached ADUs (PMC 25.165.040). *Off-Street Parking Requirements •None Requiring them for ADUs can make development overly burdensome and expensive. *Owner-Occupancy Requirements •Remove Restricts the availability of housing and limits financial incentives for existing homeowners. Owner-occupancy requirements are not a requirement of any existing residential zone. Short-Term Rentals •Not Permitted Decreases available supply and increases neighborhood concerns for noise and safety. Criteria that are part of the House Bill 1923 or 2343 Legislations are marked with an asterisk*Page 249 of 289 Increasing Residential Building Capacity (HB 1923) Regulation / Criteria Recommendations Rationale Design Standards •Allow for a design that is complementary, not necessarily identical to the primary dwelling. The design of the accessory dwelling unit shall be complementary to the design of the principal dwelling by use of the compatible exterior wall materials, window types, door and window trims, roofing materials and roof pitch. *Maximum Unit Size •1,000 square feet or 55% of the total square footage of the primary residence or dwelling, whichever is smaller. Size limits ensure that the ADU is accessory to the main home. Height •No taller than the primary dwelling or 25 feet, whichever is less. See Design Standard rationale Criteria that are part of the House Bill 1923 or 2343 Legislations are marked with an asterisk* Planning Commission Recommendations (07/15/2021)Page 250 of 289 Increasing Residential Building Capacity (HB 1923) Regulation / Criteria Recommendations Compliance with Existing Building, Housing and Fire Codes •Final proposal to state specific references to the existing Building, Housing and Fire Codes and applicable regulations adopted in the Pasco Municipal Code. ADU Design Guide Handbook and Applications Source: City of Tacoma, Planning & Development Sources “ADU Design Guide” (2019) Planning Commission Recommendations (07/15/2021)Page 251 of 289 Increasing Residential Building Capacity (HB 1923) 2020 National Community Survey | Community Livability Report •36% favorability rating on availability of quality affordable housing •44% favorability rating on variety of housing options •206 responses 47% 31% 12% 10% Housing Incentives Strongly Support Somewhat Support Somewhat Oppose Strongly Oppose 37% 28% 18% 10% Zoning Initiatives to increase supply, diversity and density Strongly Support Somewhat Support Somewhat Oppose Strongly Oppose 21% 36% 20% 18% Let the market decide Strongly Support Somewhat Support Somewhat Oppose Strongly OpposePage 252 of 289 CA2020-001 Duplex, Triples & Courtyard Apts Questions?Page 253 of 289 OFFICE OF THE MAYOR• (509) 545-3404 • FAX (509) 545-3403 P.O. Box 293 • 525 North 3 rd Ave.• Pasco, WA 99301 www.pasco-wa.gov October 7, 2019 I, Matt Watkins, Mayor of Pasco, Washington, authorize the city to propose the attached scope of work and budget request for E2SHB 1923 grant funding to increase residential building capacity. The following items are identified as actions the City of Pasco intends to take action on: •Authorize at least one duplex, triplex, or courtyard apartment on each parcel in one or more zoning districts that permit single-family residences. •Authorize cluster zoning or lot size averaging in all zoning districts that permit single- family residences. •Authorize accessory dwelling units (ADUs) on all parcels containing single-family homes. The intended actions represent an opportunity for the City of Pasco to meet Council goals for the revitalization of older neighborhoods, improve the efficiency of public and municipal resources and increase the opportunity for infill development. The expected population growth will be better accommodated by moving forward with innovative strategies identified by the intended actions in HB 1923. The ongoing Comprehensive Plan efforts have included updated goals and policies that align with the intent of HB 1923 while recently adopted code amendments have allowed for more flexibility in housing construction via reduced lot sizes and frontages, height increases and the utilization of shared (private) access ways in hard to develop lots. We agree to adopt the ordinances and/or plans that result from the grant, by April 1, 2021, acknowledging that, at minimum, the actions must meet the requirements of E2SHB 1923. Sincerely, Matt Watkins Mayor ATTACHMENT 1 Page 254 of 289 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE  PO Box 42525  Olympia, Washington 98504-2525  (360) 725-4000 www.commerce.wa.gov November 5, 2019 The Honorable Matt Watkins Mayor of Pasco 525 N 3rd Avenue Pasco, Washington 99301 RE: E2SHB 1923 Grant – Increasing Residential Building Capacity Dear Mayor Watkins: I am pleased to inform you that the city of Pasco has been awarded $40,872.00 in grant funds for the 2019-21 Biennium to assist with increasing urban residential building capacity and streamlining regulations. The Washington State Legislature created this new grant program under Engrossed Second Substitute House Bill (E2SHB) 1923 (Chapter 348, Laws of 2019), which provides a number of eligible land use planning activities for cities to consider implementing to increase housing capacity. Your jurisdiction recently submitted a grant application, identifying actions it intends to develop and adopt, as well as its grant funding need to assist with this work. Your scope of work and budget must be consistent with the scope of work and budget included in your grant application. This grant will be administered by the Washington Department of Commerce, Growth Management Services unit. Before we disburse the funds, a contract with an agreed upon scope of work and budget will need to be executed between your organization and the Department of Commerce. Funds may be retroactively applied to project costs related to your grant scope of work, beginning July 28, 2019, the effective date of E2SHB 1923. William Simpson, Senior Planner is available to help you if you have any questions. Please call (509) 280-3602 or will.simpson@commerce.wa.gov for assistance with this contract going forward. Sincerely, Dave Andersen, AICP Managing Director Growth Management Services cc: Jacob Gonzalez, Senior Planner William Simpson ATTACHMENT 2 Page 255 of 289 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE  PO Box 42525  Olympia, Washington 98504-2525  (360) 725-4000 www.commerce.wa.gov May 4, 2021 Pasco City Council c/o Jacob Gonzalez, Senior Planner 525 N. 3rd Avenue Pasco, Washington 99301 Sent Via Electronic Mail RE: Code Amendment for Duplex, Triplex and Courtyard Apartments Dear Pasco City Council: We applaud the City of Pasco’s choice to pursue the HB 1923 grant to expand the range of housing choices, and to encourage the development of market-rate and affordable housing in Pasco. We appreciate the chance to review and comment on proposed amendments to the Pasco Municipal Code as the City considers new development regulations. Expanding options for lot-size averaging, accessory dwelling units, and duplex/triplex/courtyard apartments represent an excellent strategy for strengthening your community. This will provide more affordable housing options to current and future residents, leverage the City’s existing infrastructure investments, expand your tax base, and support local demand for new housing in Pasco. Pasco is one of the fastest growing municipalities in the State. The median sale of housing has dramatically increased over the last decade, and a majority of renters are cost-burdened. As the cost of labor and materials increase, it is important for the City to proactively address price and supply issues through good land use policy. Encouraging and maintaining affordable housing options is critical to the continued economic growth in the Tri-Cities region. We commend your staff’s work to review the housing needs of the City before amending the Pasco Municipal Code. The City’s analysis demonstrates a clear need for more affordable and diverse housing options within Pasco. The proposed duplex, triplex, and courtyard apartment development code amendments, in concert with the other HB 1923 code amendments, will expand your housing supply and help the City meet the housing needs of all economic segments of your population. We strongly encourage you to adopt the proposed amendments, as local housing policies and regulations are one of the most direct means of addressing equity in your community. Adoption will demonstrate the City’s commitment equitable, forward-thinking planning as your community continues to grow and develop. ATTACHMENT 3 Page 256 of 289 Pasco City Council May 4, 2021 Page 2 Within the duplex, triplex, and courtyard code amendment, we particularly like and support:  The introduction of duplexes, triplexes, and courtyard apartments into a wider variety of zones within the City, including the allowance of the higher density housing options in areas that can better support such options. These additions will allow for a wider range of housing options within your residential zones, thereby supporting the housing goals of the Growth Management Act and market demand for unmet housing needs.  The increase in height to the R-2 zone and the elimination of the maximum lot coverage for single-family attached or multifamily dwelling units in the R-2, R-3 and R-4 zones. These changes will allow for more flexibility that will support the addition of duplexes, triplexes, and courtyard apartments while still conserving open space for the housing units with the setback requirements. Congratulations to you and your staff for your work on these amendments. After adoption of all of these code amendments, we encourage you to monitor progress and consider additional options to support housing as you implement your new comprehensive plan. If you have any questions about our comments or any other growth management issues, please contact me at (509) 280-3602. We extend our continued support to the City of Pasco in achieving the goals of growth management and strengthening your community. Sincerely, William Simpson, AICP Senior Planner Growth Management Services cc: Rick White, Community and Economic Development Director, City of Pasco David Andersen, AICP, Managing Director, Growth Management Services Steve Roberge, Deputy Managing Director, Growth Management Services Ben Serr, AICP, Eastern Region Manager, Growth Management Services Anne Fritzel, Senior Planner, Growth Management Services Laura Hodgson, Associate Housing Planner, Growth Management Services Page 257 of 289 AGENDA REPORT FOR: City Council November 4, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 11/8/21 FROM: Rick White, Director Community & Economic Development SUBJECT: Ordinance - Amending PMC Chapter 10.70 "Parking - Streets Restricted" I. REFERENCE(S): Draft Ordinance Memo - Modifying PMC 10.70.080 Vicinity Map for 20th Avenue Reference Image for 20th Avenue Memo - Modifying PMC 10.70.090 Vicinity Map for 12th Avenue II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The draft ordinance modifies parking restrictions within the City of Pasco. This has been prepared in response to the concerns regarding access and the reduced right-of-way at 20th Avenue south of "A" Street and the difficulties with parked cars and operation of the Butterfield water Treatment Plant on 12th Avenue. The necessity for the restriction is associated with an anticipated increase in traffic with the development of Columbia Riverwalk Apartment Complex relative to the use of the area by commercia l truck parking; and the interference of deliveries to the Water Plant on 12th Avenue. Page 258 of 289 V. DISCUSSION: As a result of increased development and lack of right of way adjacent to 20th Avenue, staff has identified the need to restrict parking on 20th Avenue on both sides south of “A” Street. Other existing restrictions in the vicinity include no parking on 20th Avenue, from Lewis Street to Argent Road, except on the east side of 20th Avenue only from a point 170 feet south of Hopkins Street to Lewis Street. There are limited road frontage improvements on the east side of 20th Avenue in this section as well as a restriction in the available right-of-way width to accommodate those improvements. South 12th Avenue between West A Street and West B Street is adjacent to the east side of Pasco’s Butterfield Water Treatment Plant and provides access to the plant’s loading dock. Currently, on-street parking is allowed and vehicles park on the west side. Many times vehicles parked in this area severely impact the ability to gain access to the loading dock at the Butterfield plant by drivers of chemical delivery trucks. Staff has asked residents living and visiting the area not to park close to the loading dock area, so the delivery trucks have unfettered access to deliver much needed chemicals to the treatment plant. Unfortunately, vehicles still park in this area making chemical delivery difficult at times. Staff is proposing to add “South 12th Avenue (west side) from 150 feet south of West A Street to 100 feet south of West B Street” to PMC 10.70.090 - prohibiting parking in this area between the hours of 6:00 AM to 6:00 PM, Monday through Friday. Page 259 of 289 Ordinance – Amending PMC 10.70.080 & 10.70.090 - 1 ORDINANCE NO. ________ AN ORDINANCE AMENDING SECTION 10.70.080 “SCHEDULE III – PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS” AND SECTION 10.70.090 “SCHEDULE IV - PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS” OF THE PASCO MUNICIPAL CODE WHEREAS, pursuant to RCW 46.61.570(c)(ii) prohibits any person from parking a vehicle, whether occupied or not, except temporarily for the purpose of unloading cargo or persons, at any place where official signs prohibit parking; and WHEREAS, pursuant to PMC 10.70.030 when signs are erected, giving notice thereof, no person shall park a vehicle at any time upon any of the streets listed in Schedule III of PMC 10.70.080; and WHEREAS, pursuant to PMC 10.70.040 when signs are erected at each block giving notice thereof, no person shall park on the specified days and hours and within the district or upon any of the street specified or described in 10.70.090; and WHEREAS, pursuant to 35A.12.190 and 35A.11.010 every optional code city has the power to, among other express powers, purchase, lease, receive, or otherwise acquire real or personal property of every kind, and use, enjoy, hold, lease, control, convey, or otherwise dispose of it for the common benefit; and WHEREAS, the Public Works Director has determined that it is necessary for the common benefit of public safety to modify the restrictions of parking on certain streets. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 10.70.080 of the Pasco Municipal Code is amended to add the underlined language and read as follows: 10.70.080 Schedule III ‐ Parking Prohibited at All Times on Certain Streets. In accordance with Section 10.70.030, and when signs are erected giving notice thereof, no person shall at any time park a vehicle upon any of the following described streets or parts of streets: “A” Street both sides from Elm Avenue to SR-12 “A” Street both sides from 9th Avenue to 11th Avenue “A” Street from Main Avenue to Beech Avenue Page 260 of 289 Ordinance – Amending PMC 10.70.080 & 10.70.090 - 2 “A” Street 300 feet west of 4th Avenue to 300 feet east of 4th Avenue “A” Street both sides from 20th Avenue to a point 250 feet west of 20th Avenue “A” Street both sides corner of “A” Street and 28th Avenue Adams Street Railroad Avenue to Rainier Avenue Agate Street between 4th and 5th Avenues Ainsworth Avenue north side from Railroad Avenue to Oregon Avenue Ainsworth Avenue south side from 10th Avenue to 4th Avenue Argent Road 20th Avenue to Road 44 Argent Road Road 84 to Road 76 Autoplex Way from Court Street south to 160 feet north of Marie Street Baker Street Railroad Avenue to Rainier Avenue Bonneville Street south side of Bonneville Street from a point 150 feet east of the east curb line of 10th Avenue to the east curb line of 10th Avenue Billings Street from Lewis Street to “A” Street Broadmoor Boulevard FCID canal to Nottingham Drive Brown Street north side from Road 28 to Road 26 Brown Street south side from Road 28 to a point 130 feet to the east Burden Boulevard Road 76 to Road 36 Chapel Hill Boulevard Road 68 to Saratoga Lane Chapel Hill Boulevard Broadmoor Boulevard to Road 84 Chapel Hill Boulevard Crescent Road to Broadmoor Boulevard Clark Street both sides from 9th Avenue to 11th Avenue Clemente Lane Burden Boulevard to Wrigley Drive Commercial Avenue both sides from Hillsboro Avenue south one mile Page 261 of 289 Ordinance – Amending PMC 10.70.080 & 10.70.090 - 3 Court Street from 4th Avenue west to SR-395 Court Street east of 4th Avenue Court Street from Road 68 to Road 84 Court Street Road 100 to I-182 Hwy overpass Court Street 1,000 feet south of Harris Road E. Broadway Street north side from Wehe Street to Franklin Street First Avenue Court Street to Sylvester Street Fourteenth Avenue both sides from Clark Street north 100 feet Fourteenth Avenue both sides from Clark Street south to the alley Fourth Avenue east side from 300 feet south of "B" Street to 500 feet south of Columbia Street Fourth Avenue east side from 50 feet north of Columbia Street Fourth Avenue 100 feet south of Columbia Street Fourth Avenue east side from 110 feet north of Sylvester Street to Court Street; west side from Sylvester Street to 125 feet north of vacated Park Street; and from 115 feet north of Octave Street to Court Street Fourth Avenue east side from Sylvester Street north 140 feet; and on the west side from Sylvester Street north 200 feet Fifth Avenue west side from Park Street to Octave Street Fifth Avenue east side north of Court Street Fifth Avenue east side from Nixon Street to Park Street North Fourth Avenue between Court and Ruby Streets Heritage Boulevard both sides from US-12 to “A” Street Hillsboro Street and Commercial Avenue both sides of Hillsboro Street from a point 100 feet east of the center line of Commercial Avenue to SR 395; and on both sides of Commercial Avenue from a point 100 feet south of the center line of Hillsboro to Hillsboro Homerun Road both sides from Convention Boulevard to end Page 262 of 289 Ordinance – Amending PMC 10.70.080 & 10.70.090 - 4 James Street south side from the far east end of James Street to 400 feet west James Street north side from the far east end of James Street to 340 feet west Jay Street north side from the east curb line of Road 22 to a point 50 feet west of the east curb line of Road 22 Lewis Street from 1st Avenue to 70 feet east Lewis Street north side from 14th Avenue to 130 feet west; and north side from 14th Avenue to 80 feet east Lewis Street south side from 14th Avenue to 100 feet west; and south side from 14th Avenue to 100 feet east Lewis Street 9th Avenue to 11th Avenue Lewis Street north side from the east curb line of 7th Avenue to a point 135 feet east Lewis Street south side from 150 feet east of the center line of 1st Avenue running easterly a distance of 165 feet Lewis Street both sides from Wehe Avenue east to Cedar Avenue Lewis Street both sides from Oregon Avenue east to Wehe Avenue Lewis Street from Cedar Avenue to Billings Street Madison Avenue both sides from Burden Boulevard to Road 44 Manzanita Lane west side from “A” Street to 400 feet north Manzanita Lane east side from “A” Street to 300 feet north Ninth Avenue Washington Street to Ainsworth Street Octave Street south side from a point 280 feet east of the east curb line of Road 34 to a point 420 feet east of the east curb line of Road 34 Oregon Avenue between “A” Street and Ainsworth Avenue Oregon Avenue west side 350 feet north of Bonneville Street Oregon Avenue Hagerman Street to James Street Pearl Street both sides from N. 3rd Avenue west 200 feet Page 263 of 289 Ordinance – Amending PMC 10.70.080 & 10.70.090 - 5 Railroad Avenue Adams Street to Baker Street Rainier Avenue Adams Street to Baker Street Road 22 east side from the north curb line of Jay Street to a point 50 feet south of the north curb line of Jay Street Road 26 both sides of Road 26, from a point 120 feet south of the south curb line of Court Street on the east side and 245 feet south of Court Street on the west side, to 250 feet north of the north curbline of Court Street Road 26 from Court Street to Brown Street Road 28 west side from Sylvester Street to Brown Street Road 28 east side from Sylvester Street to Brown Street, except for 315 feet starting from a point 360 feet north of the intersection of Sylvester Street and Road 28 Road 34 both sides of the street from Henry Street to Court Street Road 36 both sides of the street from its intersection with Argent Place to a point 1,200 feet north of Argent Place Road 36 Burden Boulevard to 200 feet south of Meadow Beauty Drive Road 36 east side from Court Street south 650 feet Road 44 Burden Boulevard to Sandifur Parkway Road 44 Argent Road to Burden Boulevard Road 52 Burden Boulevard to Sandifur Parkway Road 60 Burden Boulevard to Sandifur Parkway Road 68 Place Burden Boulevard to Sandifur Parkway Road 68 FCID canal north to City limit Road 68 I-182 to Sandifur Parkway Road 76 east side from Sandifur Parkway to a point 620 feet Page 264 of 289 Ordinance – Amending PMC 10.70.080 & 10.70.090 - 6 south of Wrigley Drive Road 76 west side from Wrigley Drive to Burden Boulevard Road 76 west side from Sandifur Parkway to Wrigley Drive Road 80 from Court Street south Road 84 from Sunset Lane south Road 84 Argent Road to Chapel Hill Boulevard Road 100 Court Street to FCID canal Rodeo Drive Road 68 to Convention Place Ruby Street between 4th and 5th Avenues St. Helens Street Railroad Avenue to Rainier Avenue Sandifur Parkway Broadmoor Boulevard to Robert Wayne Drive Sandifur Parkway north side from Robert Wayne Drive to Road 60 Sandifur Parkway from Road 60 to Road 62 Sandifur Parkway from Road 60 to Road 44 Schuman Lane both sides of street from Road 96 to end Seventeenth Avenue west side from “A” Street to Washington Street Shoshone Street 22nd Avenue to 23rd Avenue Sun Willows Boulevard both sides from its intersection with 20th Avenue to its eastern terminus Sylvester Street south side from 20th Avenue to 28th Avenue Sylvester Street north side from 100 feet east of 26th Avenue to 28th Avenue Sylvester Street from the east line of 20th Avenue to a point 290 feet east thereof Tenth Avenue both sides of street from “A” Street to “B” Street Tenth Avenue from “B” Street to and including the Intercity Bridge Tenth Avenue both sides from Lewis Street to Clark Street Third Avenue east side from 50 feet south of Columbia Street Page 265 of 289 Ordinance – Amending PMC 10.70.080 & 10.70.090 - 7 Third Avenue east side from 50 feet north of Columbia Street Third Avenue both sides from 100 feet north of Sylvester Street Third Avenue both sides from 100 feet south of Sylvester Street Third Avenue west side from a point 575 feet north of Margaret Street to a point 650 feet north of Margaret Street Third Avenue both sides from W. Pearl Street north 200 feet Twentieth Avenue from Lewis Street to Argent Road, except on the east side of 20th Avenue only from a point 170 feet south of Hopkins Street to Lewis Street Twentieth Avenue both sides south of “A” Street Twenty-second Avenue west side to 550 feet south of West Henry Place, except 170 feet in front of the Police Station at 828 N. 22nd Avenue Twenty-eighth Avenue west side from Lewis Street to Sylvester Street Washington Street south side from 9th Avenue to 10th Avenue Wrigley Drive Road 76 to Clemente Lane [Ord. 4390 § 1, 2018; Ord. 4377 § 1, 2018; Ord. 4351, 2017; Ord. 4308, 2016; Ord. 4239, 2015; Ord. 4237, 2015; Ord. 4177, 2014; Ord. 4118, 2013; Ord. 4103, 2013; Ord. 4014, 2011; Ord. 3934, 2009; Ord. 3867, 2008; Ord. 3839, 2007; Ord. 3774, 2006; Ord. 3750 § 1, 2005; Ord. 3694 § 1, 2004; Ord. 3668 § 1, 2004; Ord. 3619 § 1, 2003; Ord. 3549 § 1, 2002; Ord. 3176 § 1, 1996; Ord. 2969 § 1, 1993; Ord. 2964 § 1, 1993; Ord. 2930 § 1, 1993; Ord. 2918 § 1, 1993; Ord. 2898 § 1, 1992; Ord. 2895 § 1, 1992; Ord. 2888 § 1, 1992; Ord. 2832 § 1, 1991; Ord. 2812 § 1, 1991; Ord. 2748 § 1, 1989; Ord. 2747 § 1, 1989; Ord. 2732 § 1, 1989; Ord. 2720 § 1, 1989; Ord. 2698 § 1, 1988; Ord. 2657 § 1, 1987; Ord. 2656 § 1, 1987; Ord. 2655 § 1, 1987; Ord. 2654 § 1, 1987; Ord. 2645 § 1, 1987; Ord. 2615 § 1, 1986; Ord. 2614 § 1, 1986; Ord. 2571 § 1, 1985; Ord. 2534 § 1, 1985; Ord. 2496 § 1, 1984; Ord. 2433 § 1, 1983; Ord. 2407 § 1, 1982; Ord. 2403 § 1, 1982; Ord. 2354 § 1, 1982; Ord. 2207 § 1, 1980; Ord. 2197 § 1, 1980; Ord. 2131 § 1, 1980; Ord. 2108 § 1, 1979; Ord. 2058 § 1, 1979; Ord. 1999 § 4, 1978; Ord. 1943 § 1, 1978; Ord. 1939 § 1, 1978; Ord. 1808 § 1, 1976; Code 1970 § 10.56.080; Code 1954 § 8-42.12.] Section 2. Section 10.70.090 of the Pasco Municipal Code is amended to add the underlined language and read as follows: Page 266 of 289 Ordinance – Amending PMC 10.70.080 & 10.70.090 - 8 10.70.090 Schedule IV – Parking prohibited during certain hours on certain streets. In accordance with PMC 10.70.040, and when signs are erected giving notice thereof, no persons shall park a vehicle on the days or between the hours specified herein on any street within the district or upon any of the streets or parts of streets as follows: District Prohibited 3rd (Clark south to alley, west side)All times (except Sundays and public holidays) Court Street (south side) 10th Avenue to 14th Avenue All times (except Sundays and public holidays) 10th Avenue (Henry to Court, west side)8:00 a.m. to 5:00 p.m. school days 18th Avenue from Park to Henry 8:00 a.m. to 5:00 p.m. (except Sundays and public holidays) 10th Avenue (east side) for a distance of 125 feet south of the south curb line of Brown Street All times (except Sundays and public holidays) East Lewis Place (both sides) from its east terminus west 2,842 feet 6:00 a.m. to 6:00 p.m. Saturdays and Sundays East Lewis Place (north side) from N. Avery Avenue 700 feet to the east 6:00 a.m. to 6:00 p.m. Saturdays and Sundays South 12th Avenue (west side) from 150 feet south of West A Street to 100 feet south of West B Street 6:00 a.m. to 6:00 p.m. Monday through Friday [Ord. 4308, 2016; Ord. 3934, 2009; Ord. 3791, 2006; Ord. 3774, 2006; Ord. 2640 § 1, 1987; Ord. 2138 § 1, 1980; Ord. 1793 § 4, 1976; Code 1970 § 10.56.090; Code 1954 § 8-42.16.] Section 3. This ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, 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 267 of 289 Memo Page 1 of 1 To: Rick White, C&ED Director From: Mike Manning, Planner I Date: October 20, 2021 Re: Modifying PMC 10.70.080 "Parking - Streets Restricted" In result of expressed concerns by City of Pasco Engineering regarding access and the reduced right-of-way at 20th Avenue south of "A" Street, it is proposed to restrict parking on Twentieth Avenue on both sides south of “A” Street. Currently PMC 10.70.080 prohibits parking on Twentieth Avenue from Lewis Street to Argent Road, except on the east side of 20th Avenue only from a point 170 feet south of Hopkins Street to Lewis Street. Existing Conditions City staff conducted a review of existing conditions. Currently on Twentieth Avenue south of “A” Street there is a business to the east and Columbia Riverwalk Apartments to the west. The area is regularly used by commercial trucks for parking. There are limited road frontage improvements on the east side of 20th Avenue in this section as well as a restriction in the available right-of-way width to accommodate those improvements. This request would take this “restriction” into effect and could be reversed, allowing parking on both sides of 20th Avenue, should the full roadway be constructed allowing full and safe access. Removing parking in this area will maintain accessibility and reduce the potential for conflicts. Recommendation To mitigate the concern of the reduced right-of-way and obstructed visibility, staff recommends parking to be removed on both sides of Twentieth Avenue south of “A” street. This restriction could be reconsidered once south Twentieth Avenue is built to a full road section and safety is reevaluated. Proposed Signage Page 268 of 289 10-foot roadwayeasement19'-0"NorthNorth Coast Electricchain link fencePage 269 of 289 Page 270 of 289 Memo To: Dave Zabell – City Manager cc: From: Steve Worley – Public Works Director Date: November 1, 2021 Re: Recommend Amending Chapter 10.70, Section 10.70.090 Schedule IV - Parking prohibited during certain hours on certain streets of the PMC: S. 12th Avenue SOUTH 12TH AVENUE (WEST SIDE) –WEST A STREET AND WEST B STREET South 12th Avenue between West A Street and West B Street is adjacent to the east side of Pasco’s Butterfield Water Treatment Plant and provides access to the plant’s loading dock. Currently, on-street parking is allowed and vehicles park on the west side. Many times vehicles parked in this area severely impact the ability to gain access to the loading dock at the Butterfield plant by drivers of chemical delivery trucks. Staff has asked residents living and visiting the area not to park close to the loading dock area, so the delivery trucks have unfettered access to deliver much needed chemicals to the treatment plant. Unfortunately, vehicles still park in this area making chemical delivery difficult at times. Due to this, I propose adding “South 12th Avenue (west side) from 150 feet south of West A Street to 100 feet south of West B Street” to PMC 10.70.040 prohibiting parking in this area between the hours of 6:00 a.m. to 6:00 p.m., Monday through Friday. Page 271 of 289 S 12th Avenue (west side) West A Street to West B Street No Parking Page 272 of 289 AGENDA REPORT FOR: City Council November 4, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 11/8/21 FROM: Rick White, Director Community & Economic Development SUBJECT: Street Vacation - Vacating a Portion of East Pueblo Street (VAC 2021- 003) I. REFERENCE(S): Proposed Resolution Overview Map Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Two adjacent property owners with control over three parcels have submitted a petition to vacate the undeveloped portion of East Pueblo Street located between the centerline of vacated North Colorado Avenue and the west right-of-way line of North Utah Avenue. A similar petition (VAC 2019-006) was reviewed by Council between August 2019 and November 2020, wherein applicant and staff were seeking to vacate East Pueblo Street from the east right-of-way line of North California Avenue to the west right-of-way line of North Utah Avenue. However, one property owner (Parcel No. 113-502-031) had expressed opposition and did not file a tax parcel consolidation. A reason was not provided. As a result, the vacation was reduced to that section of East Pueblo Street from North California Avenue to the vacated North Colorado Avenue. That same property owner has again refused to participate in the current street vacation proposal. The vacation petition requires the City Council to set a public hearing to consider the vacation request. The earliest regular City Council meeting available for a Page 273 of 289 public hearing which provides the statutory 20-day hearing notice is December 6, 2021. V. DISCUSSION: Per Pasco Municipal Code (PMC) Chapter 12.40.120, t he Council may require compensation for vacated rights-of-way. However, this proposal involves East Pueblo Street, which has been determined in the Oregon Avenue Circulation Plan to be unnecessary. The Circulation Plan identifies streets that must be retained for proper circulation and streets that may be vacated. Thus, because it has been previously determined that East Pueblo Street may be vacated, no compensation is necessary. Per PMC Section 12.40.020, vacation approval of an extent of right-of-way may only be granted if consent is received from the owners of more than two -thirds of the property abutting the part of the street to be vacated. In this case the application has been signed by two owners where the ownership comprises three of six abutting lots. Per PMC Section 12.40.070(3) no abutting property may become landlocked, or have access substantially impaired due to the proposed vacation. As mentioned above - one owner is not likely to participate in the vacation process and could become landlocked; however, this will not be certain until the vacation process runs its course. Page 274 of 289 Resolution - Setting PH for VAC 2021-003 - 1 RESOLUTION NO. _________ A RESOLUTION SETTING 7:00 PM, DECEMBER 6, 2021 AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF EAST PUEBLO STREET WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; WHEREAS, the City wishes to initiate a vacation of a portion of East Pueblo Street by Resolution pursuant to PMC 12.40.020(1); and WHEREAS, a petition for vacation of a portion of East Pueblo Street has been submitted to the City pursuant to PMC 12.40.020(2); and WHEREAS, RCW 35.79 and PMC 12.40.040 require public hearings on vacations to be fixed by Resolution; and WHEREAS, PMC 12.40.050 requires that notice of public hearings on proposed street vacations be made by Resolution of City Council at least 20 days prior to any such hearings; and WHEREAS, pursuant to PMC 12.40.070 in order to find that a street, alley, or public access easement is suitable for vacation the City Council must find that the vacation does not adversely affect traffic accessibility and circulation in the area of the vacation or the City generally, is not contemplated to be necessary for any future public use, will not create a land locked parcel or accessibility problem for any abutting property owner, and the public need will not be adversely affected by vacation and the vacation will further a public benefit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. Waiver of Requirements. That pursuant to PMC 12.40, the City Council hereby waives the requirement for an appraisal, title report and payment of compensation for the proposed right-of-way vacation of a portion of East Pueblo Street as depicted in the attached Exhibit A. Section 2. That a public hearing to consider vacating a portion of East Pueblo Street, as depicted in Exhibit A, a copy of which is attached hereto, will be held before the City Council of the City of Pasco in the Council Chambers of the City Hall, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on the 6th day of December 2021: EAST PUEBLO STREET FROM THE CENTERLINE OF VACATED NORTH COLORADO AVENUE NORTHEASTERLY 310 FEET MORE OR LESS TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTH UTAH AVENUE BEING 40.00 FEET FROM THE CENTERLINE OF SAID NORTH UTAH AVENUE. Page 275 of 289 Resolution - Setting PH for VAC 2021-003 - 2 TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS AND RESTRICTIONS OF RECORD AND IN VIEW. CONTAINS .59 ACRES, MORE OR LESS. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco, Washington, this ___ day of _______, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 276 of 289 80320 N UTAH Ave E SALT L A K E S t E SUPER I O R St PUEBLO S T 0 100 200 300 40050 Feet Exhibit "A" Item: Street Vacation - Section of E Pueblo St Applicant: Rigoberto Hernandez and Elfega Guzman File #: VAC 2021-003 Page 277 of 289 E HIGHLAND StN CALIFORN IA Ave E SALT L A K E St N WEHE AveN BEECH AveN OWEN AveE SUPERIOR St N UTAH Ave CEM E N T E R Y L n N ELM AveE SHEPPARD St N DOUGLAS CtE PARKVIEW Blvd E SPOKA N E St E HIGHL A N D S t E SUPER I O R St N DOUGLAS AveN BEECH AveN IDAHO AveE JAMES St N OREGON Ave Benton County WA, Pasco GIS, Maxar, Microsoft 0 350 700 1,100 1,400180 Feet 0 350 700 1,100 1,400180 Feet Overview Map Item: Street Vacation - Section of E Pueblo St Applicant: Rigoberto Hernandez and Elfega Guzman File #: VAC 2021-003 Page 278 of 289 iiiiiiif -i--1 City of Community & Economic Development Department • 11 rasco PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 � P: 509.545.3441 / F: 509.545.3499 Master File # ------ CITY OF PASCO STREET/ALLEY VACATION PETITION Date Submitted: Fee:$300 ------ We the undersigned, owners of two-thirds of the privately-owned abutting property, hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: E.Pueblo Street (Unimproved ROW) between Oregon and Utah streets Name: Rigoberto Hernandez and Elfega Guzman Address: 954 Allenwhite Dr., Richland, WA 99352 Applicant/ Phone: Owner 1 Owner 2 Email: Name: Franklin Conservation District Address: 1724 E. Superior St., Pasco, WA 99301 Phone: (509)416-0440 Email: mark-nielson@conservewa.net (Please see reverse side) Updated April 2019 Page 279 of 289 Owner3 Name: Arturo Nunez Address: 606 W. Columbia St., Pasco, WA 99301 Phone: (509)544-8771 Email: Signature: D Survey D Title Report (if not waived) 0 Fee of $300 Page 280 of 289 Page 281 of 289 STRATTON SURVEYING MAPPING, PC 313 NORTH MORAIN STREET KENNEWICK, WA 99336 DATE: 09/29/2021 DRAWING: 4906SK1 .DWG RIGHT-OF-WAY VACATION PHONE: (509) 735-7364 FAX: ( 509) 735-6560 E-MAIL: stratton@strattonsurvey.com AFFECTING PARCELS 113473046, 113473073, 113502040 AND 113502031 DESCRIPTION: EAST PUEBLO STREET FROM THE CENTERLINE OF VACATED NORTH COLORADO AVENUE NORTHEASTERLY 310 FEET MORE OR LESS TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTH UTAH AVENUE BEING 40.00 FEET FROM THE CENTERLINE OF SAID NORTH UTAH AVENUE. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS AND RESTRICTIONS OF RECORD AND IN VIEW. SEE ATTACHED SKETCH TO ACCOMPANY DESCRIPTION Page 282 of 289 E.1 /2 OF THE S.E. 1 /4 OF SEC. 20, T9N, R30E, W.M. SKETCH FOR ROYAL ROOF/NC CITY OF PASCO, WASHINGTON EXHIBIT SKETCH TO ACCOMPANY LEGAL DESCRIPTION o s'\ -'( s012t.i,0'-' t.�s\ �r,_1J� t.�� STRATTON SURVEYINC , & MAPPINC, PC KE'.NNEWICK, WA 99336 (509) 735-7:364 FAX: (509) 735-6560 strottonOstrotlonsurwe1::com ---------SCALE ( 4906SK1.DWG DA TE: 09/29/2021 DRAWN BY: AAO � �� 1" = 200' © 2020 SHT. 1 OF 1 JOB # 4906 Page 283 of 289 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure by: • Using Community Development Block Grant (CDBG) and other public and private capital to revitalize older neighborhoods and safe routes to essential services. • Continuing efforts toward designing, siting, programming needs, and site selection for a community center and pursuing acquisition of land for future community park. • Developing Phase I of the A Street Sporting Complex and continue efforts to provide additional soccer and sports fields. • Coordinating with the Pasco Public Facilities District to develop a public education campaign, financial analysis and prepare a ballot measure concerning the development of a regional aquatic facility for consideration by the people. • Completing construction of a new animal control facility. • Ongoing efforts to improve efficiency and effectiveness of public resources in the delivery of municipal services, programs, and long-term maintenance and viability of public facilities. • Collaborating with the Inclusion, Diversity and Equity Commission and community leaders to enhance engagement efforts and organizational cultural competency. • Updating design standards for the development of new neighborhoods and re-development to promote greater neighborhood cohesion through design elements, e.g.: walkability, aesthetics, sustainability, and community gathering spaces. • Updating Parks and Facilities Comprehensive Plan to include: public facilities inventory, needs assessment, level of service, and centers evaluation. • Teaming with local and regional partners to develop a Housing Action Plan with a focus on strategies that emphasize affordable housing. FINANCIAL SUSTAINABILITY Enhance the long-term financial viability, value, and service levels of services and programs, including: • Regular evaluation of services and programs to confirm importance to community, adequacy, and cost-benefit. • Continuation of cost of service and recovery targets in evaluating City services. • Ongoing evaluation of costs, processes and performance associated with delivery of City services including customer feedback and satisfaction, staffing, facilities, and partnership opportunities. • Instilling and promoting an organizational culture of customer service across all business lines. • Updating policies relating to urbanization of the unincorporated islands to assure consistency with long-range planning, community safety, and fiscal sustainability. City Council Goals 2020-2021 Page 284 of 289 COMMUNITY SAFETY Preserve past improvements and promote future gains by: • Developing a Comprehensive Police Strategic Master Plan through a transparent process to evaluate future service levels of the department to assure sustainability, public safety, and crime control over the next 5-10 years. • Collaborating with regional and community partners to evaluate and implement strategies to reduce the incidence of homelessness. • Leveraging and expanding partnerships to maintain and enhance behavioral health services to community members in crisis being assisted by police and fire. • Continuing efforts to improve police and community relations. • Working to achieve and maintain target fire response times through operational improvements and long-range strategic planning of facilities and staffing. • Focusing on the long-term goal of sustaining a Washington State Rating Bureau Class 3 community rating. • Leveraging infrastructure database of sidewalks, streetlights and pavement conditions along with evaluating policies and methods to address needs and inequities. COMMUNITY TRANSPORTATION NETWORK Promote a highly-functional multi-modal transportation network through: • Commencement and completion of construction of the Lewis Street Overpass project. • Continued emphasis on improvements in Road 68/I-182/Burden Blvd. corridor to improve operation and safety. • Data-driven pro-active neighborhood traffic calming efforts. • Continued collaboration with Ben Franklin Transit to enhance mobility and access. • Completion of a Transportation System Master Plan and utilization of its recommendations to develop policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi-modal systems, accessibility, efficiency and safety. ECONOMIC VITALITY Promote and encourage economic vitality by supporting: • Downtown revitalization efforts of Downtown Pasco Development Authority (DPDA), post-COVID restart, and City initiatives such as Downtown Master Plan process and sign code modifications. • The construction of Peanuts Park and Farmers Market and continued efforts to pursue streetscape and gateway upgrades. • The completion of the Comprehensive Land Use Plan Update and Broadmoor Master Plan efforts, adoption of Urban Growth Area expansion alternative, implementation of adopted long-range planning efforts with appropriate analysis and adoption of planning actions including: zoning code changes, phased sign code update, and development regulations and standards. • Increased efforts to promote the community as a desirable place for commercial and industrial development by promoting small business outreach and assistance, predictability in project review, and excellent customer service. • Partnerships and encouragement of Department of Natural Resources (DNR) to facilitate development of the remaining state-owned properties at Road 68/I-182. Page 285 of 289 • Continued coordination with the Port of Pasco to complete and implement a waterfront-zoning plan and provide for public infrastructure. • Active partnerships in the planning and development of strategies to promote tourism and deployment of assets to spur economic activity. • In concert with community partners, development of a comprehensive economic development plan. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion and image through: • Continued efforts of community surveying through traditional methods and the application of new technologies. • Providing opportunities for community engagement through boards, commissions, volunteer opportunities, social media, forums, and other outlets. • Enhanced inter-agency and constituent coordination developed during the pandemic. • Continued efforts of the community identity/image enhancement campaign to include promotion of community and organizational successes. • Enhanced participation and support of cultural events occurring within the community. • Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs. For more information, visit www.pasco-wa.gov/councilgoals Page 286 of 289 CALIDAD DE VIDA Promover una vida de buena calidad a través de programas de calidad, servicios e inversiones y reinversiones adecuadas en la infraestructura de la comunidad al: • Utilizar una Community Development Block Grant (CDBG) (Concesión de Ayuda Federal para el Desarrollo Comunitario) y otro capital público y privado para renovar las vecindades antiguas y las rutas seguras a los servicios esenciales. • Continuar los esfuerzos hacia el diseño, las obras de construcción, las necesidades programáticas, y la elección de dichas obras de construcción, para un centro comunitario y comprar el terreno para un futuro parque comunitario. • Desarrollar la 1era Fase del Sporting Complex (Complejo Deportivo) de la Calle A y continuar los esfuerzos de proporcionar más campos de fútbol y de otros deportes. • Coordinar con el Pasco Public Facilities District (Distrito de las Instalaciones Públicas de Pasco) para desarrollar una campaña de educación pública, un análisis financiero, y preparar una propuesta sobre el desarrollo de una instalación acuática regional para que sea considerada por el público. • Terminar la construcción de una nueva instalación para el control de animales. • Continuar los esfuerzos para mejorar la eficiencia y la eficacia de los recursos públicos en la entrega de servicios municipales, programas, y el mantenimiento y la viabilidad a largo plazo de instalaciones públicas. • Colaborar con la Inclusion, Diversity and Equity Commission (Comisión de Inclusión, Diversidad, y Equidad) y con los líderes comunitarios para mejorar los esfuerzos de participación y la capacidad cultural organizacional. • Actualizar los estándares de diseño para el desarrollo de nuevas vecindades y el redesarrollo para promover más cohesión de las vecindades a través de elementos de diseño, p. ej.: viabilidad peatonal, evaluación de las necesidades, sustentabilidad, y lugares donde se puedan reunir los miembros de la comunidad. • Actualizar el Parks and Facilities Comprehensive Plan (Plan Comprehensivo de los Parques y las Instalaciones) para que incluya: un inventario de instalaciones públicas, una evaluación de las necesidades, el nivel de servicio, y la evaluación del centro. • Trabajar en equipo con colaboradores regionales para desarrollar un Housing Action Plan (Plan de Acción para Viviendas) con un enfoque en las estrategias que enfatizan viviendas económicas. SUSTENTABILIDAD FINANCIERA Mejorar la sustentabilidad financiera a largo plazo, el valor, y los niveles de servicios y programas, incluyendo: • La evaluación regular de los servicios y de los programas para confirmar la importancia de la comunidad, la capitalización adecuada, y el costo-beneficio. Metas del Concilio de la Ciudad del 2020-2021 Page 287 of 289 • La continuación del costo por el servicio y de las metas de recuperación al evaluar los servicios de la Ciudad. • La evaluación continua de los costos, los procesos y el desempeño relacionado con la entrega de los servicios de la Ciudad incluyendo la retroalimentación y la satisfacción del cliente, el personal, las instalaciones, y las oportunidades colaborativas. • Inculcar y promover una cultura organizacional de servicio al cliente a lo largo de todas las líneas de negocio. • Actualizar las políticas relacionadas con la urbanización de las islas no incorporadas para asegurar consistencia con la planificación a largo plazo, la seguridad comunitaria, y la sustentabilidad fiscal. SEGURIDAD COMUNITARIA Preservar las mejorías anteriores y promover las ganancias futuras al: • Desarrollar un Comprehensive Police Strategic Master Plan (Plan Maestro Estratégico Comprehensivo Policial) a través de un proceso transparente para evaluar los niveles futuros de servicio del departamento para asegurar sustentabilidad, seguridad pública, y control de crímenes durante los siguientes 5-10 años. • Trabajar con colaboradores regionales y comunitarios para evaluar e implementar estrategias para reducir los casos de personas sin techo. • Hacer uso y ampliar las colaboraciones para mantener y mejorar los servicios de salud conductual a los miembros de la comunidad que se encuentran en medio de una crisis, ayudados por la policía y por los bomberos. • Continuar los esfuerzos para mejorar la relación con la policía y con la comunidad. • Trabajar para lograr y mantener el tiempo de reacción de los bomberos a través de mejorías operacionales y la planificación estratégica de instalaciones y personal a largo plazo. • Enfocarse en la meta a largo plazo de mantener una clasificación de la comunidad Clase 3 del Washington State Rating Bureau (Departamento de Clasificación del Estado de Washington). • Utilizar la base de datos de la infraestructura de las banquetas, los faroles, y las condiciones del pavimento, como también evaluar las políticas y los métodos para tratar las necesidades y las injusticias. RED DE TRANSPORTE COMUNITARIO Promover una red de transporte extremadamente funcional y multimodal a través de: • El comienzo y el término de la construcción del proyecto Lewis Street Overpass. • El énfasis continuo en las mejorías de la ruta Road 68/I-182/Burden Blvd. para mejorar la operación y la seguridad. • Los esfuerzos proactivos basados en datos para calmar el tráfico en las vecindades. • La colaboración continua con Ben Franklin Transit para mejorar la movilidad y el acceso. • El término del Transportation System Master Plan (Plan Maestro del Sistema de Transporte) y la utilización de sus recomendaciones para desarrollar políticas, reglas, programas, y proyectos que proporcionan más conectividad, inversiones estratégicas, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. Page 288 of 289 VITALIDAD ECONOMICA Promover y motivar la vitalidad económica al apoyar: • Los esfuerzos de renovación de la Downtown Pasco Development Authority (DPDA) (Autoridad de Desarrollo del Centro de Pasco), el reinicio después de COVID, y las iniciativas de la Ciudad como el proceso del Downtown Master Plan (Plan Maestro del Centro) y las modificaciones de los códigos de anuncios. • La construcción del Peanuts Park and Farmers Market (Parque Peanuts y el Mercado) y los esfuerzos continuos para discutir paisajes urbanos y actualizaciones de entradas. • El término de los esfuerzos de la Comprehensive Land Use Plan Update (Actualización Comprehensiva del Uso de Terrenos) y los esfuerzos del Broadmoor Master Plan (Plan Maestro de Broadmoor), la adopción de la alternativa de la expansión de Urban Growth Area (Área del Crecimiento Urbano), la implementación de los esfuerzos de planificación a largo plazo con los análisis adecuados y la adopción de acciones de planificación incluyendo: los cambios a los códigos de zonas, la actualización de los códigos de los anuncios de las fases, y el desarrollo de las reglas y los estándares. • Más esfuerzos para promover a la comunidad como un lugar atractivo para el desarrollo comercial e industrial al fomentar el alcance y la ayuda a los negocios pequeños, la predictibilidad en la revisión de proyectos, y un excelente servicio al cliente. • Las colaboraciones y la motivación del Department of Natural Resources (DNR) (Departamento de Recursos Naturales) para facilitar el desarrollo de las propiedades restantes del estado en Road 68/I- 182. • La coordinación continua con el Port of Pasco (Puerto de Pasco) para terminar e implementar un plan de zonas costeras y proporcionar una infraestructura pública. • Las colaboraciones activas en la planificación y el desarrollo de estrategias para promover el turismo y la utilización de recursos para estimular actividad económica. • Junto con los colaboradores de la comunidad, crear un plan comprehensivo de desarrollo económico. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen a través de: • Los esfuerzos continuos para evaluar a la comunidad a través de los métodos tradicionales y la aplicación de nuevas tecnologías. • Proporcionar oportunidades para la involucración comunitaria a través de mesas directivas, comisiones, oportunidades para voluntarios, medios sociales, foros, y otros medios. • Una mejor coordinación entre las agencias y los constituyentes desarrollada durante la pandémica. • Los esfuerzos continuos de campañas para la mejoría de la identidad/imagen comunitaria que promuevan a la comunidad y a los éxitos organizacionales. • Una mejor participación y apoyo de los eventos culturales llevados a cabo dentro de la comunidad. • El apoyo de la Arts and Culture Commission (Comisión de Artes y Cultura) al promover la unidad y celebrar la diversidad a través de programas de arte y cultura. Para más información, visite www.pasco-wa.gov/councilgoals Page 289 of 289