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HomeMy WebLinkAbout2021.11.15 Council Meeting Packet AGENDA City Council Regular Meeting 7:00 PM - Monday, November 15, 2021 City Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - Governor Inslee's Heathy Washington - Roadmap to Recovery, Phase 3 made in response to the COVID-19 emergency, currently allows for partial "in-person" meetings. Members of the public wishing to attend City Council meetings in-person will need to follow the Governor's protocol outlined in Proclamation No. 20-28.15. Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco- wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of each meeting. To listen to the meeting via phone, call (213) 929-4212 and use access code 398-399-253. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco- wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 6 - 18 (a) Approval of Meeting Minutes Page 1 of 268 To approve the minutes of the Pasco City Council Meeting held on November 1, 2021 and Workshop held on November 8, 2021. 19 - 21 (b) Bills and Communications To approve claims in the total amount of $4,168,459.53 ($3,124,733.57 in Check Nos. 244811-245063; $161,400.19 in Electronic Transfer Nos. 833653-833655, 833727-833731; $17,416.60 in Check Nos. 53781-53792; $864,772.16 in Electronic Transfer Nos. 30167844 - 30168373; $137.01 in Electronic Transfer Nos. 835). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $95,071.88 and, of that amount, authorize $0.00 to be turned over for collection. 22 - 36 (c) Ordinance - Amending PMC Chapter 10.70 "Parking - Streets Restricted" To adopt Ordinance No. 4557, 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. 37 - 45 (d) Resolution - 2022 Legislative Priorities To approve Resolution No. 4115, declaring the City's legislative priorities for the 2022 session of the Washington State Legislature. 46 - 56 (e) Resolution - Setting Public Hearing for Vacating a Portion of East Pueblo Street (VAC 2021-003) To approve Resolution No. 4116, setting the time and date to conduct a public hearing to consider vacating a portion of East Pueblo Street. 57 - 61 (f) Resolution - Amendment to Mid Columbia Library Agreement To approve Resolution No.4117, amending the Interlocal Cooperation Agreement between City of Pasco and Mid-Columbia Libraries, and authorize the City Manager to execute the amendment. 62 - 76 (g) Resolution - Amendment No. 4 to Professional Services Agreement for the West Pasco Water Treatment Plant Improvements Phase 1 with RH2 Engineering To approve Resolution No. 4118, authorizing execution of Amendment No. 4 for the Professional Services Agreement with RH2 Engineering, Inc. for the West Pasco Water Treatment Plant Improvements Phase 1. Page 2 of 268 77 - 90 (h) Resolution - Professional Services Supplemental Agreement No. 4 with J-U-B Engineers, Inc. for Lewis Street Overpass Project To approve Resolution No. 4119, authorizing the City Manager to execute Supplement No. 4 for the Professional Services Agreement with J-U-B ENGINEERS, Inc. for the Lewis Street Overpass project. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an i mmediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 7. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 91 - 96 (b) American Rescue Plan Act Projects List Update 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 97 - 102 (a) Ordinance - 2022 Ad Valorem Tax Levy and General Fund Revenue Review CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4558, providing for an increase in the regular property taxes of the City for levy in 2021 and collection in the 2022 tax year; preserving levy capacity for future years; and providing for related matters and, further, authorize publication by summary only. 103 - 115 (b) Public Meeting & Resolution - Accepting a Notice of Thanksgiving Partnership Intent to Commence Annexation Proceedings (ANX 2021-002) CONDUCT A PUBLIC MEETING Page 3 of 268 MOTION:I move the City Council approve Resolution No. 4120, accepting a notice of intent to commence annexation proceedings for the Thanksgiving Partnership annexation, providing a determination on the boundary to be annexed, and whether simultaneous zoning and the assumption of bonded indebtedness will be required. 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 116 - 214 (a) Resolution - Basin Disposal Inc. 2022 Proposed Rate Increase MOTION: I move to approve Resolution No. 4121, approving a rate increase for solid waste collections and disposal services by Basin Disposal Inc. 215 - 246 (b) *Resolution - Approving 2022-2025 Collective Bargaining Agreement with IUOE, Local No. 280 MOTION: I move to approve Resolution No. 4122, approving the 2022-2025 Collective Bargaining Agreement with the International Union of Operating Engineers, Local No. 280 and, further, authorize the City Manager to execute the agreement. 247 - 250 (c) *Resolution - Acceptance of Work for Fire Station No. 84 and Fire Headquarters MOTION: I move to approve Resolution No. 4123, accepting the work performed by Jackson Contractor Group, Inc. under contract for the City of Pasco's new Fire Station No. 84 and Fire Administration Headquarters. 251 - 262 (d) *Resolution - Setting a Public Meeting for Port of Pasco - Reimann Industrial Center Annexation (ANX 2021-006) MOTION: I move to approve Resolution No. 4124, setting 7:00 PM, December 6, 2021, as the time and date for a public meeting to consider the Port of Pasco notice of intent to commence annexation proceedings for the Reimann Industrial Center annexation. 10. UNFINISHED BUSINESS 11. NEW BUSINESS 12. MISCELLANEOUS DISCUSSION 13. EXECUTIVE SESSION (a) Discussion with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) (10 minutes) Page 4 of 268 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 263 - 268 (b) Adopted 2020-2021 Council Goals (Reference Only) (c) REMINDERS • 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.) • Tuesday, November 16, 4:00 PM: Pasco Public Facilities District Board Meeting – Council Chambers, Pasco City Hall (COUNCILMEMBER CRAIG MALONEY, Rep.; COUNCILMEMBER DAVID MILNE, Alt.) • Friday, November 19, 10:00 AM: Benton-Franklin Council of Governments Board Meeting – Ben-Franklin Transit, 1000 Columbia Park Trail, Richland (COUNCILMEMBER RUBEN ALVARADO, 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 provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 5 of 268 AGENDA REPORT FOR: City Council November 10, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 11/15/21 FROM: Debby Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes I. REFERENCE(S): 11.1.21 & 11.8.21 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Meeting held on November 1, 2021 and Workshop held on November 8, 2021. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 268 MINUTES City Council Regular Meeting 6:00 PM - Monday, November 1, 2021 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 6:00 PM by Saul Martinez, Mayor. ROLL CALL Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, David Milne (arrived at 6:07 PM), Zahra Roach (arrived at 6:05 PM), and Pete Serrano. Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Craig Briggs, Acting City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes To approve the minutes of the Pasco City Council Meeting held on October 18, 2021; and a Special Meeting & Workshop held on October 25, 2021. Bills and Communications To approve claims in the total amount of $5,211,215.38 ($2,574,291.51 in Check Nos. 244544-244810; $1,771,557.40 in Electronic Transfer Nos. 833303-833348, 833359-833419, 833426-833514, 833521-833595, 833597, 833608-833609, 833622-833630; $10,617.38 in Check Nos. Page 1 of 7Page 7 of 268 53773-53780; $854,749.09 in Electronic Transfer Nos. 30167317- 30167843). Resolutions - Process Water Reuse Facility (PWRF) Embankment Repair Change Order No. 5 for Quantity Adjustments/Reconciliation & Project Closeout To approve Resolution No. 4107, authorizing the City Manager to execute a fifth Change Order to the construction Contract with Apollo, Inc. for the Process Water Reuse Facility Embankment Repair project. To approve Resolution No. 4108, accepting work performed by Apollo, Inc., under contract for Project No. 20100, PWRF Embankment Repair. Resolution Setting the Time and Date to Consider the Thanksgiving Partnership Annexation (ANX 2021-002) To approve Resolution No. 4109, setting 7:00 PM, November 15, 2021, as the time and date for a public meeting to consider the Thanksgiving Partnership notice of intent to commence annexation of property located east of North Capitol Avenue approximately 1,400 feet south of Foster Wells Road. Resolution - Sponsorship Agreement for Utility Box Wraps with Spokane Teachers Credit Union (STCU) To approve Resolution No. 4110, authorizing the City Manager to execute a sponsorship agreement with Spokane Teachers Credit Union for art wraps of utility boxes. Resolution - Street Name Revision: Madison Park Planned Unit Development, Phase 7 To approve Resolution No. 4111, renaming Melita Lane to Philippi Lane and Lystra Lane to Nauvoo Lane in Madison Park Planned Unit Development, Phase 7. MOTION: Mayor Pro Tem Barajas moved to approve the Consent Agenda as read. Mr. Alvarado seconded. Motion carried unanimously by Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS Mr. Robert Carosino, City of Richland resident, expressed concern about the development of west Pasco and the significant traffic impacts within that area as development occurs. Page 2 of 7Page 8 of 268 Mr. Zabell offered to speak directly with Mr. Carosino regarding the plans for developing West Pasco. Mr. Leo Morales asked for clarification on the status of the COVID-19 pandemic restrictions currently within the City of Pasco. Ms. Amanda Lorraine, Grace Kitchen Executive Director, spoke about Grace Kitchen's Barista Program and asked for clarification on what is needed to bring the building up to code to allow this program to open. Mr. Devin Lorraine, Grace Kitchen Co-founder, spoke about how Grace Kitchen is having a positive impact on its clients. Mr. David Cortinas - downtown Pasco business owner and Latino Business Association President, announced that Seattle, WA will be hosting the FIFA World Cup in 2026 and he asked Council to provide a letter of support when needed. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mayor Martinez commented on the recent ribbon-cutting event for the Spokane Teachers Credit Union grand opening, which had been delayed due to the COVID-19 pandemic. Ms. Roach stated that the Visit Tri-Cities Annual Board Meeting was scheduled for November 4, 2021 where the finalized mission and vision statements will be announced. She also mentioned board changes with the inclusion of Jose Iniguez. General Fund Monthly Report - August & September 2021 Ms. Sigdel presented the General Fund Report for August and September 2021. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Ordinance - Amending Chapter 25.90 of the Pasco Municipal Code Mr. Briggs explained the purpose of the open record hearing scheduled for tonight related to the proposed changes to the C -2 Central Business District, as well as how an open record hearing is conducted. Mr. White provided a brief history of the proposed amendments to Chapter 25.90 of the Pasco Municipal Code. He stated that staff Page 3 of 7Page 9 of 268 recommends Council pass Option B ordinance as amended by Councilmember Maloney's comments provided directly to staff. Mr. Serrano asked about the status of secondhand dealers and if this type of business would be allowed or not allowed. Mr. White, Mr. Maloney and Mr. Briggs replied to Mr. Serrano's questions. Mayor Martinez declared the Public Hearing open to consider the proposed ordinance amending PMC Chapter 25.90 C-2 Central Business District Zone at 6:39 PM. Mr. Cortinas, Pasco downtown business owner, expressed support for the amendments to the C-2 Zoning. He also expressed confusion of why there were two options to decide on, as well as concern on how the City's Code Enforcement staff will enforce the amendm ents. He then spoke about the ARPA funding, code requirements and special permits. Mr. Jose Iniguez, downtown Pasco business owner, expressed support for the Option B ordinance. He also thanked Councilmember Roach for her comments about his appointment to Visit Tri-Cities. Mr. Thomas Granbois, downtown Pasco business owner, expressed support for the Option B ordinance. Ms. Lorraine, Grace Kitchen Executive Director, expressed support for the amendments to the C-2 zoning. Following three calls for comments, and there being none, Mayor Martinez declared the Public Hearing closed at 6:52 PM. MOTION: Mr. Maloney moved to approve Ordinance No. 4556, Option B, amending Chapter 25.90 "C-2 Central Business District" of the Pasco Municipal Code, and further, authorize publication by summary only. Mayor Pro Tem Barajas seconded. Motion carried unanimously by Roll Call vote. Public Meeting - SERP Requirement for PWRF Pretreatment Improvements Phase 1 - Potable Water and Electrical Improvements Mr. Worley provided a brief explanation on the requirement of holding a public meeting to encourage City residents to comment on the proposed Phase 1 portion of the Process Water Reuse Facility. Mr. Maloney asked if staff received public comments off-line and Mr. Worley replied that there were none received. Page 4 of 7Page 10 of 268 Mr. Tom Kidwell, Pasco resident, expressed hope that the project will reduce the odor issue. MOTION: Mayor Pro Tem Barajas moved to commence a public meeting for the Process Water Reuse Facility (PWRF) Improvements Project - Phase 1: Potable Water & Electrical Improvements project. Mr. Milne seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Resolution - Amendment No. 1 to DKS Professional Services Agreement for Design Phase 2A of I-182/Broadmoor Blvd Interchange Project Mr. Worley provided a brief update on the Phase 2A of the I - 182/Broadmoor Boulevard Interchange project. Mr. Alvarado asked some clarifying questions regarding the proposed project and Mr. Worley provided the next steps in the process that may change the scope of the project. Mr. Milne commented on how he appreciated the work being done within that traffic corridor. MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 4112, authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement (PSA) with DKS Associates, Inc. (DKS) for Phase 2A of the I-182/Broadmoor Boulevard Interchange project. Mr. Alvarado seconded. Motion carried unanimously. Resolution - Design Build Institute of America Phase 1 Agreement with T Bailey, Inc. - Water Storage Reservoir Zone 3 Progressive Design Build Mr. Worley provided a brief report on the proposed approval of the design Build Institute of America Phase I agreement with T Bailey, Inc. for the Zone 3 Water Storage Reservoir Project. MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 4113, authorizing the City Manager to execute the Design Build Institute of America Phase 1 Agreement with T Bailey, Inc. for the progressive design build services for the Zone 3 Water Storage Reservoir Project. Mr. Serrano seconded. Motion carried unanimously. Resolution - Bid Rejection - Citywide Traffic Signal Improvements Phase 2 Project Mr. Worley introduced CIP Manager Serra who provided a brief report on the recent bid opening for the Citywide Traffic Signal Improvements Page 5 of 7Page 11 of 268 Phase 2 project and stated that staff was recommending the bids be rejected due to the high bids that exceeded the engineer's estimate. MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 4114, rejecting all bids for Bid No.17014 for the Citywide Traffic Signal Improvements Phase 2 project. Ms. Roach seconded. Motion carrie d unanimously. UNFINISHED BUSINESS Danilyuk Short Plat Sewer Service Requirement Appeal (APPL 2021- 001) Continued from July 19, 2021 Council Meeting Mr. White briefed Council that the appellants withdrew their appeal. Mr. Alvarado, expressed appreciation to staff for working through th e issues with the appellants. MOTION: Mayor Pro Tem Barajas moved to close the Appeal Hearing as the appellant has withdrawn the Appeal. Mr. Alvarado seconded. Motion carried unanimously. NEW BUSINESS 2022 Ad Valorem Tax Levy and General Fund Revenue Review Ms. Sigdel reported on the 2021-2022 Mid-Biennium General Fund Budget focusing on the 2022 Ad Valorem Tax and she provided the scenarios of taking the one percent Implicit Price Deflator (IPD) or banking it for future use. Council discussion ensued and Council concurred that banking the IPD was the preferred option. Ms. Sigdel provided additional detail on the current status of the General Fund Revenue, as well as describing the types of revenue sources. She ended her presentation with addressing potential challenges with future revenue sources. MISCELLANEOUS DISCUSSION Mr. Ratkai provided a brief recap regarding the annual "Trunk of Treat" event held on Saturday, October 30, 2021. Mr. Zabell provided an update on the expectations for the Life and Safety Program ARPA funding, noting that this program will be handled similarly to the City's Façade Program. He also provided a status of the Life and Page 6 of 7Page 12 of 268 Safety Program and the federal government requirements for the disbursement of the APRA funds for this program. Council and staff discussion ensued regarding the Life and Safety Program including communications, federal requirements and suggestions on how to move this program forward. Mayor Martinez encouraged all registered voters to drop their ballots into the Franklin County Ballot boxes by 8:00 PM Tuesday, November 2, 2021. ADJOURNMENT There being no further business, the meeting was adjourned at ___ PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 7 of 7Page 13 of 268 MINUTES City Council Workshop Meeting 6:00 PM - Monday, November 8, 2021 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 6:00 PM by Saul Martinez, Mayor. ROLL CALL Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano. Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; a nd Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS Mr. Alvarado reported on the Ben Franklin Transit Board meeting he recently attended. Mr. Milne reported on the TRIDEC and Pasco Parks & Recreation Advisory Board meetings he recently attended. Mayor Martinez announced the recruitment of the City's representative on the TRAC HAPO Center Board and he then commented on TRAC HAPO Center Board meeting that he and Mr. Maloney recently attended. Page 1 of 5Page 14 of 268 ITEMS FOR DISCUSSION Presentation - Tax Increment Financing Proposal Port of Pasco Mr. White introduced Port of Pasco Executive Director Randy Hayden who reported on the new Tax Increment Financing (TIF) recently passed by the Washington State Legislature and how the Port of Pasco will be utilizing the TIF for the development of the Reimann's Industrial area. Mr. Serrano and Mr. Hayden further discussed how TIF will not impact existing property taxes and will only affect the new property taxes received from development of the Darigold new facility. Resolution - Basin Disposal Inc. 2022 Proposed Rate Increase Mr. Worley provided a brief overview of the proposed Basin Disposal Inc. (BDI) rate increase proposal. Mr. Zabell asked for a Council subcommittee to review the BDI proposed rate increase and a subcommittee consisting of Mayor Martinez, Mayor Pro Tem Barajas and Councilmember Alvarado has formed. Capital Improvement Plan (CIP) 2021-2027 Mr. Zabell introduced the 2021-2027 Capital Improvement Plan (CIP) and then he turned the presentation over to Finance Director Richa Sigd el who provided a summary of the proposed 2021-2027 CIP. She noted that the CIP has changed from a 5-year plan to a 6-year plan to accommodate the City's Biennial Budget process. She stated that the City has secured a CIP software product from ClearGov, which will provide an electronic CIP in a user friendly format that will also be available on the City's social media platforms such as Facebook. Next, Ms. Sigdel provided an overview of Public Safety projects; Mr. Ratkai provided an overview of the Parks & Recreation projects; and Mr. Worley provided an overview of several Public Works (transportation, water, sewer, water reuse facility, waste water treatment plant, stormwater & irrigation) projects. Mr. Zabell provided details on the assessment and evaluations of the the completed and ongoing CIP projects and various master plans associated with the CIP. He also noted how staff balances the CIP projects to help keep the rates in check. Mayor Martinez commented on the CIP projects that were coming to fruition. Mr. Alvarado suggested the CIP maps include estimated dates of when the projects may be completed. Page 2 of 5Page 15 of 268 Mr. Maloney commented on the $40M increase in the CIP and asked about how that occurred. Mr. Zabell explained how the CIP is fluid as new funding sources, demands, requirements, needs change, as well as influence that the COVID-19 pandemic had on the City's planning process in 2020. Utility Rate Adjustments - Water and Sewer Ms. Sigdel reported on the recent rate study completed for the Water and Sewer Utilities. She introduced Brooke Tacia, Project Manager from FCS Group who provided a presentation of the completed rate study. Mr. Maloney commented on the use of ARPA funds. Mr. Serrano and staff discussed the use of ARPR funds to subside the proposed Water and Sewer Rates and how it is the only ARPA funded project that benefits all rate payers across the City. Resolution - Amendment to Mid Columbia Library Agreement Mr. Ratkai provided a brief history of the ten-year interlocal agreement (ILA) with the Mid Columbia Libraries executed in 2010, noting that in 2020 there was a one-year extension of the ILA due to the COVID-19 pandemic. Mr. Ratkai introduced Mr. Cox, Executive Director with the Mid Columbia Libraries who provided a report on the Mid Columbia Libraries services. Council expressed appreciation to Mr. Cox and the Mid Columbia Libraries for the services provides to its constituency. Recess: Mayor Martinez called a 10-minute recess at 7:22 PM. Mayor Martinez resumed the Council Workshop at 7:32 PM. PMC Amendments Increasing Residential Building Capacities - E2SHB 1923 Mr. White introduced Planning Manager Jacob Gonzales who provided the proposed updates to the Pasco Municipal Code to certain zoning types (duplex, tri-plex, courtyard apartments and accessory dwelling units, as well as the amending certain zoning districts to accommodate those zoning types) to ensure the residential building address es the housing crisis within the City of Pasco also known as the "Missing Middle Housing." Lastly, he asked for Council input on the proposed amendments. Page 3 of 5Page 16 of 268 Council and staff had a question and answer period throughout the presentation. Council concurred with the direction that staff presented for the proposed PMC amendments. Ordinance - Amending PMC Chapter 10.70 "Parking - Streets Restricted" Mr. White provided a brief report describing the need to prohibit parking along 20th Avenue south of A Street at all times and for prohibiting parking along South 12th Avenue (west side) from 150 feet, south of West A Street to 100 feet south of West B Street for fr om 6:00 AM to 6:00 PM Monday through Friday. Street Vacation - Vacating a Portion of East Pueblo Street (VAC 2021- 003) Mr. White provided an overview of the request made to vacate a portion of East Pueblo Street, noting that a resolution setting a pub lic hearing date for December 6, 2021 will come back for Council approval at their November 15th Council Meeting. MISCELLANEOUS COUNCIL DISCUSSION Ms. Roach announced that she will be absent from the next Council meeting scheduled on November 15, 2021. Mr. Worley announced that the Washington State Department of Health awarded the City of Pasco a twenty-year certificate achievement award for its high water quality. Mayor Martinez announced the upcoming Veterans' Day events. Mr. Milne expressed appreciation to the parents of children serving in the U.S. military noting that his daughter is serving in the U.S. Air Force and will be deploying oversees shortly. EXECUTIVE SESSION Council adjourned into Executive Session at 9:24 PM PM for 25 minutes to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) and to discuss collective bargaining units' negotiations per RCW 42.30.140(4) with the City Manager, Deputy City Manager, ACS Director and the City Attorney. Mayor Martinez called the meeting back to order at 9:50 PM. Page 4 of 5Page 17 of 268 ADJOURNMENT There being no further business, the meeting was adjourned at 9:50 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 5 of 5Page 18 of 268 AGENDA REPORT FOR: City Council November 12, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 11/15/21 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 11.15.21 Bad Debt Write-off/Collection for October 2021 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $4,168,459.53 ($3,124,733.57 in Check Nos. 244811-245063; $161,400.19 in Electronic Transfer Nos. 833653-833655, 833727-833731; $17,416.60 53781Check in Nos. -in $864,772.16 53792; Electronic Transfer Nos. 30167844-30168373; $137.01 in Electronic Transfer Nos. 835). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $95,071.88 and, of that amount, authorize $0.00 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 19 of 268 REPORTING PERIOD: November 15, 2021 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 244811-245063 53781-53792 Total Check Amount $3,124,733.57 $17,416.60 Total Checks 3,142,150.17$ Electronic Transfer Numbers 833653-833655 30167844-30168373 835 833727-833731 Total EFT Amount $161,400.19 $864,772.16 $137.01 $0.00 Total EFTs 1,026,309.36$ Grand Total 4,168,459.53$ Councilmember 947,703.16 56,698.18 0.00 0.00 23.45 0.00 1,926.27 49,248.26 7,447.85 4,414.00 97.24 550.75 4,749.48 0.00 969.38 54,417.45 0.00 3,441.00 16,666.67 0.00 31,771.54 4,829.50 HOTEL/MOTEL EXCISE TAX 0.00 0.00 245,280.53 1,553,758.29 137,581.89 11,161.03 75,627.49 0.00 49,159.46 POOLED INVESTMENT 0.00 0.00 1,680.09 909,256.57 GRAND TOTAL ALL FUNDS:4,168,459.53$ The City Council October 28 - November 10, 2021 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved STREET OVERLAY City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Darcy Buckley, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 15th day of November, 2021 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY SCHOOL IMPACT FEES EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE OLD FIRE OPEB FLEX PAYROLL CLEARING Page 20 of 268 BAD DEBT WRITE-OFF/COLLECTION October 1 – October 31, 2021 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $20.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct Write-off Referred to Collection Total Write-off Utility Billing $ 0.00 0.00 0.00 Ambulance $ 95,071.88 0.00 95,071.88 Court A/R $ .00 .00 .00 Code Enforcement $ .00 .00 .00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 .00 .00 TOTAL: $ 95,071.88 .00 95,071.88 Page 21 of 268 AGENDA REPORT FOR: City Council November 12, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 11/15/21 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: MOTION: I move to adopt Ordinance No. ____, 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. 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 Page 22 of 268 to the use of the area by commercial truck parking; and the interference of deliveries to the Water Plant on 12th Avenue. Council considered this amendment at the Workshop Meeting of November 8, 2021. 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. This item was discussed at the November 8, 2021 Council Workshop. 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 23 of 268 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 24 of 268 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 25 of 268 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 26 of 268 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 27 of 268 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 Page 28 of 268 Ordinance – Amending PMC 10.70.080 & 10.70.090 - 6 Road 76 east side from Sandifur Parkway to a point 620 feet 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 Page 29 of 268 Ordinance – Amending PMC 10.70.080 & 10.70.090 - 7 Third Avenue east side from 50 feet south of Columbia Street 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.] Page 30 of 268 Ordinance – Amending PMC 10.70.080 & 10.70.090 - 8 Section 2. Section 10.70.090 of the Pasco Municipal Code is amended to add the underlined language and read as follows: 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 31 of 268 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 32 of 268 10-foot roadwayeasement19'-0"NorthNorth Coast Electricchain link fencePage 33 of 268 Page 34 of 268 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 35 of 268 S 12th Avenue (west side) West A Street to West B Street No Parking Page 36 of 268 AGENDA REPORT FOR: City Council November 2, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 11/15/21 FROM: Adam Lincoln, Deputy City Manager Executive SUBJECT: Resolution - 2022 Legislative Priorities I. REFERENCE(S): Resolution - 2022 Legislative Priorities II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ____, declaring the City's legislative priorities for the 2022 session of the Washington State Legi slature. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The 2022 Washington State Legislative session will convene on Monday, January 10, 2022. The 2022 session is the second year of the two -year legislative biennium, commonly referred to as the "short" session, the even year session is scheduled for 60 days. The short session focuses on supplemental operating, capital, and transportation budgets. Gordon Thomas Honeywell Governmental Affairs (GTHGA) has been contracted to assist in promoting the Council's legislative priorities to the legislature. In doing so GTHGA assists in the development a comprehensive legislative agenda and in furthering that agenda in Olympia by providing on -the-ground (or virtual) presence in Olympia during session, monitoring the legislature throughout the year, and advancing the City's legislative agenda. The City has benefited by maintaining a proactive posture with the legislature regarding the interests of Pasco. One means by which Council has made its concerns and interests known to the legislature, and specifically its legislat ive Page 37 of 268 delegation, is through the adoption of its City Legislative Priorities Statement. V. DISCUSSION: The proposed resolution includes the 2022 Legislative Priorities list and reflects recommended modifications by Council, staff and the legislative consultants. Staff requests Council approval of the resolution or further direction for adoption at a later date. Page 38 of 268 Resolution – 2022 Legislative Priorities - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, DECLARING THE CITY’S LEGISLATIVE PRIORITIES FOR THE 2022 SESSION OF THE WASHINGTON STATE LEGISLATURE. WHEREAS, the 2022 Legislative Session of the Washington State Legislature commences on January 10, 2022; and WHEREAS, the City of Pasco, as a municipal corporation and political subdivision of the State of Washington can be substantially affected by the actions of the Washington State Legislature; and WHEREAS, the City Council has evaluated conditions impacting the City of Pasco and opportunities to improve the services the City provides to its citizenry; and WHEREAS, the City Council desires to identify the legislative priorities for the 2022 Legislative Session so they can be provided to state legislators prior to the commencement of the next legislative session. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the legislative objectives stated herein constitute the priorities of the City of Pasco for the 2022 Legislative Session. • DOWNTOWN PASCO INVESTMENTS: In partnership with the state, the City has invested in Peanuts Plaza, Lewis Street, and the MLK Community Center to revitalize downtown Pasco – a historic centerpiece that has struggled with aging infrastructure. In response, the beginnings of a vibrant downtown with diverse businesses has emerged. The COVID-19 pandemic presented a setback that the city is eager to move beyond. To aid in that effort, the City requests that the state continue in its partnership to revitalize downtown by allocating $250,000 in state capital funding to improve signage, walkability, street furniture, lighting, and other community amenities. In conjunction, the City has committed funding to life safety upgrades for downtown businesses, such as fire sprinklers. Together, these amenities will attract residents, visitors, and patrons into downtown Pasco to experience its lively, culturally diverse community. • SR 395/SYLVESTER BIKE/PEDESTRIAN CROSSING: The City requests $4 million to complete the final segment of a continuous bike-pedestrian facility along Sylvester Street - a key connection between low-income neighborhoods on the west side of SR 395 and essential services to the east. The City has secured funding to add bicycle/pedestrian facilities along the entire corridor, except for the Page 39 of 268 Resolution – 2022 Legislative Priorities - 2 portion that bridges SR 395. The requested $4 million would fully fund and complete this connection. • SR 12 SAFETY IMPROVEMENTS: The City requests $1.5 million to design safety solutions at two at-grade crossings at SR 12 (A Street and Tank Farm Rd.), and a commitment to fully fund the identified solution. The Pasco community has expressed concerns about the safety of these at-grade crossings after several serious vehicle/truck accidents resulted from challenging access on and off the state route. • BROADMOOR BIKE/PEDESTRIAN CROSSING: Pasco is experiencing significant growth in the Broadmoor area. To accommodate this growth, the City is urgently investing $6 million in improvements to the state system. The City is proactively working to ensure this development supports multimodal transportation options. As such, the City requests $3 million for a bicycle/pedestrian facility crossing over I-182 at the Broadmoor Interchange. • SR 395/I-182 INTERCHANGE: In recent years, Pasco has grown significantly to the north. The City requests $2 million for WSDOT to complete an Access Revision Report to allow eastbound access onto I-182 from the region north of the interchange, which currently only provides westbound exits. • PROCESS WATER REUSE FACILITY: In partnership with local food processors, Pasco is investing nearly $40 million in its process water reuse facility – a facility that reuses wastewater from local food processors to irrigate nearby farmland. As part of the upgrade, the City envisions transitioning the facility to establish greater industrial symbiosis such as providing renewable natural gas production to meet low carbon fuel standards, providing high-nitrogen water to farm algae biomass for other markets, and other interests. The City asks for the state’s partnership in the coming years to accomplish this ambitious objective. • WATER RIGHTS AVAILABILITY: To accommodate existing and future demands, the City needs to secure adequate water rights for residential irrigation and drinking water. One way to accomplish this is to ensure existing groundwater rights, when permitted for irrigation of a city-owned industrial wastewater treatment facility, are protected from relinquishment when converting irrigation water rights to municipal water rights. The City supports proposals to increase water rights availability for growing municipalities. • MENTAL HEALTH & TREATMENT FUNDING: The Pasco community is experiencing increased homelessness, rising crime rates, and other public safety concerns. The Legislature’s recent decision to require diversion of those in possession of controlled substances has put additional pressure on need for treatment facilities. As such, the City requests increased funding for mental health and substance abuse treatment services, including but not limited to additional local option tools, to best meet the community’s needs. Page 40 of 268 Resolution – 2022 Legislative Priorities - 3 • PUBLIC SAFETY: The City supports the Legislature revisiting police reform proposals adopted during the 2021 legislative session to provide greater clarity and consistency in application across the state and to address unintended negative impacts to public safety. Section 2. The City Manager is hereby directed to inform state legislators and other appropriate parties of the City’s 2022 Legislative Priorities. PASSED by the City Council of the City of Pasco, Washington on 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 41 of 268 City of Pasco 2022 State Legislative Priorities DOWNTOWN PASCO INVESTMENTS: In partnership with the state, the City has invested in Peanuts Plaza, Lewis Street, and the MLK Community Center to revitalize downtown Pasco – a historic centerpiece that has struggled with aging infrastructure. In response, the beginnings of a vibrant downtown with diverse businesses have emerged. The COVID-19 pandemic presented a setback that the city is eager to move past. To aid in that effort, the City requests that the state continue in its partnership to revitalize downtown by allocating $250,000 in state capital funding to improve signage, walkability, street furniture, lighting, and other community amenities. In conjunction, the City has committed funding to life safety upgrades for downtown businesses, such as fire sprinklers. Together, these amenities will attract residents, visitors, and patrons into downtown Pasco to experience its lively, culturally diverse community. TRANSPORTATION FUNDING: The City of Pasco encourages the Legislature to adopt a transportation revenue package. The City asks that funding be allocated to preserve the local and state transportation system, and to the following projects: SR 395/SYLVESTER BIKE/PEDESTRIAN CROSSING: The City requests $4 million to complete the final segment of a continuous bike-pedestrian facility along Sylvester Street - a key connection between low-income neighborhoods on the west side of SR 395 and essential services to the east. The City has secured funding to add bicycle/pedestrian facilities along the entire corridor, except for the portion that bridges SR 395. The requested $4 million would fully fund and complete this connection. SR 12 SAFETY IMPROVEMENTS: The City requests $1.5 million to design safety solutions at two at-grade crossings at SR 12 (A Street and Tank Farm Rd.), and a commitment to fully fund the identified solution. The Pasco community has expressed concerns about the safety of these at -grade crossings after several serious vehicle/truck accidents resulted from challenging access on and off the state route. BROADMOOR BIKE/PEDESTRIAN CROSSING: Pasco is experiencing significant growth in the Broadmoor area. To accommodate this growth, the City is urgently investing $6 million in improvements to the state system . The City is proactively working to ensure this development supports multimodal transportation options. As such, the City requests $3 million for a bicycle/pedestrian facility crossing over I-182 at the Broadmoor Interchange. SR 395/I-182 INTERCHANGE: In recent years, Pasco has grown significantly to the north. The City requests $2 million for WSDOT to complete an Access Contact: Dave Zabell City Manager (509) 545-3404 citymanager@ pasco-wa.gov www.pasco- wa.gov Page 42 of 268 Revision Report to allow eastbound access on to I-182 from the region north of the interchange, which currently only provides westbound exists. PROCESS WATER REUSE FACILITY: In partnership with local food processors, Pasco is investing nearly $40 million in its process water reuse facility – a facility that reuses wastewater from local food processors to irrigate nearby farmland. As part of the upgrade, the City envisions transitioning the facility to establish greater industrial symbiosis such as providing renewable natural gas production to meet low carbon fuel standards, providing high-nitrogen water to farm algae biomass for other markets, and other interests. The City asks for the state’s partnership in the coming years to accomplish this ambitious objective. WATER RIGHTS AVAILABILITY: To accommodate existing and future demands, the City needs to secure adequate water rights for residential irrigation and drinking water. One way to accomplish this is to ensure existing groundwater rights, when permitted for irrigation of a city-owned industrial wastewater treatment facility, are protected from relinquishment when converting irrigation water rights to municipal water rights. The City supports proposals to increase water rights availability for growing municipalities. MENTAL HEALTH & TREATMENT FUNDING: The Pasco community is experiencing increased homelessness, rising crime rates, and other public safety concerns. The Legislature’s recent decision to require diversion of those in possession of controlled substances has put additional pressure on need for treatment facilities. As such, the City requests increased funding for mental health and substance abuse treatment services, including but not limited to additional local option tools, to best meet the community’s needs. PUBLIC SAFETY: The City supports the Legislature revisiting police reform proposals adopted during the 2021 legislative session to provide great er clarity and consistency in application across the state and to address unintended negative impacts to public safety. Page 43 of 268 The City of Pasco Supports/Opposes FINANCE/GENERAL GOVERNMENT State-Shared Revenues Pasco receives approximately $1.3 million annually from the state, categorized as “state-shared revenues.” The City urges the State to preserve and enhance these revenue streams. Local Control Pasco opposes any proposals that restrict, mandate, or otherwise interfere with the city’s ability to make local decisions. Election of Judges Pasco opposes legislation mandating that part-time municipal court judges be elected rather than appointed. Labor Reform Pasco opposes legislation that increases labor costs. Pet Adoption PRA Exemption Pasco supports legislation that would create an exemption from the Public Records Act the disclosure of pet adoption information. Public Bidding Requirements Pasco supports proposals that provide technical assistance and increased flexibility when bidding public projects. INFRASTRUCTURE & ECONOMIC DEVELOPMENT Local Transportation Funding Pasco supports increased funding and tools for cities to fund the local transportation system. Complete Street Funding Pasco supports increased funding for complete streets grants. Tri-Cities Mobility Pasco supports efforts to explore a third crossing over the Columbia River to improve regional mobility throughout the Tri-Cities. Lower Snake River Dams Pasco opposes the removal of dams along both the Columbia and Snake Rivers. Affordable Housing Pasco supports legislative proposals to address housing affordability and a diversity of housing. The City has completed Housing Action Plan to address affordability locally. Economic Development Tools Pasco supports economic development tools to spur development downtown and in key commercial corridors. Public Work Assistance Account Pasco supports increased funding to the Public Works Assistance Account to fund basic infrastructure like drinking and wastewater. PUBLIC SAFETY Crisis Response Team Pasco is working with neighboring jurisdictions to establish a crisis response team and encourages the state to make grant funding available for such efforts. Basic Law Enforcement Academy Pasco supports funding at levels adequate to ensure newly hired officers can complete training through the Basic Law Enforcement Academy. Opioid Epidemic Pasco supports proposals that increase funding to address the opioid epidemic. Marijuana Laws Pasco supports policies that honor the City’s authority to ban marijuana within city-limits. LAND USE Growth Management Act Paco opposes any proposals that create new planning obligations within the Growth Management Act that are not coupled with adequate funding. Pasco DNR Property Pasco will continue working collaboratively with DNR to develop the commercially-zoned properties west of Road 68. Pasco is opposed to DNR buying land within the City’s UGA and asks that DNR divest itself of the undeveloped land it currently owns within the UGA. Annexation Pasco supports incentives that encourage annexation, including utilizing utility extensions, and mechanisms that facilitate the annexation of unincorporated islands. Page 44 of 268 Page 45 of 268 AGENDA REPORT FOR: City Council November 10, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 11/15/21 FROM: Rick White, Director Community & Economic Development SUBJECT: Resolution - Setting Public Hearing for 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: MOTION: I move to approve Resolution No._____, setting 7:00 P.M., Monday, January 3, 2022, as the time and date to conduct a public hearing to consider vacating a portion of East Pueblo Street. III. FISCAL IMPACT: None. 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 Page 46 of 268 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 public hearing, which provides the statutory 20-day hearing notice, is January 3, 2022. Council considered this Vacation Application at the Workshop Meeting of November 8, 2021. V. DISCUSSION: Per Pasco Municipal Code (PMC) Chapter 12.40.120, the 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 47 of 268 Resolution - Setting PH for VAC 2021-003 - 1 RESOLUTION NO. _________ A RESOLUTION SETTING 7:00 P.M., MONDAY, JANUARY 3, 2022 AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATING OF A PORTION OF EAST PUEBLO STREET AND WAIVING THE REQUIREMENTS OF A SURVEY, TITLE REPORT, APPRAISAL, AND COMPENSATION. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, a petition for vacation of a portion of East Pueblo Street has been submitted to the City; and WHEREAS, the vacation process provided in PMC 12.40 requires a survey, title report and an appraisal of value and compensation unless waived by City Council; and WHEREAS, the City Council may waive the requirements for a survey, title report, an appraisal of value and compensation if the street is sufficiently known to the City and the Council has previously determined the street in question can be vacated; and WHEREAS, the City Council by adoption of Ordinance No. 3255 establishing the Oregon Avenue Corridor Circulation Plan, which identified streets that must be retained for proper circulation and streets that may be vacated; and WHEREAS, Pueblo Street is identified in the Oregon Avenue Circulation Plan as a street that is planned to be vacated; and WHEREAS, RCW 35.79 requires public hearings on vacations to be fixed by resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. Waiver of Requirements. That pursuant to PMC 12.40, the City Council hereby waives the requirements for a survey, 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. Notice of Hearing. That a public hearing to consider vacating the following as depicted in the attached Exhibit A, will be held before City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington at the hour of 7:00 p.m., on the 3rd day of January 2022: Page 48 of 268 Resolution - Setting PH for VAC 2021-003 - 2 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. 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 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 49 of 268 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 50 of 268 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 51 of 268 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 52 of 268 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 53 of 268 Page 54 of 268 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 55 of 268 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 56 of 268 AGENDA REPORT FOR: City Council November 9, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 11/15/21 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) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ____, amending the Interlocal Cooperation Agreement between City of Pasco and Mid-Columbia Libraries, and authorize the City Manager to execute the amendment. 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 57 of 268 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. This item was discussed at the November 8th Workshop Meeting. Page 58 of 268 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 59 of 268 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 60 of 268 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 61 of 268 AGENDA REPORT FOR: City Council November 3, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 11/15/21 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Amendment No. 4 to Professional Services Agreement for the West Pasco Water Treatment Plant Improvements Phase 1 with RH2 Engineering I. REFERENCE(S): Resolution Amendment II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No._____, authorizing execution of Amendment RH2 with Agreement Services the for 4 No. Professional Engineering, Inc. for the West Pasco Water Treatment Plant Improvements Phase 1. III. FISCAL IMPACT: Original PSA $ 646,574.00 Amendment No. 1 $ 19,075.00 Amendment No. 2 $ 0 Amendment No. 3 $ 99,731.00 Amendment No. 4 (proposed) $ 949,841.00 Revised Total Budget $1,715,221.00 This project is funded through utility rates and a $5 million low-interest loan from the Washington State Department of Health (DOH). The total estimated cost for the Phase 1 project is $9,800,000. The estimated combined cost of all three phases to increase treatment capacity to 12 million gallons per day (MGD) is $20,100,000. Page 62 of 268 IV. HISTORY AND FACTS BRIEF: The City of Pasco (City) contracted with RH2 Engineering, Inc. (RH2) in June of 2020 to provide professional services to design and assist with permitting for the expansion of the West Pasco Water Treatment Plant (WPWTP) from 6 MGD to 12 MGD capacity. Subsequent to the initial PSA, three amendments have been approved for the project: • Amendment No. 1: This amendment included services to perform a hydraulic transient analysis for the current system and for planned system expansions. The original plant design did not include this analysis as previously thought and is necessary because a sudden automatic closure of valves to protect the filter banks could produce a detrimental pressure wave through the system with potential to damage other components of the system. • Amendment No. 2: As the technical memorandum for the preliminary design was being developed, a more comprehensive project scope was identified. For strategic purposes relating to financing, cash flow, project management capacity, ease of construction and sequencing of work , the planned and necessary expansion of the facility to 12 MGD has been into divided into three (3) consecutive projects, or phases. This no cost amendment provided scope clarification and documented the decision to focus the initial design on Phase 1 improvements. • Amendment No. 3: As the Phase 1 project progressed to 60% design, and not surprisingly given the scope and complexity of this project, additional information has been learned requiring a slight expansion of the initial scope, i.e., DOH membrane filtration treatment regulatory updates, state funding requirements, project site layout modifications, and permitting which were unknown at the time of the initial PSA. V. DISCUSSION: City staff is proposing Amendment No. 4, which will include professional services during the bidding and construction phases of the project. The Scope of Work includes the following tasks: • Services During Bidding - $ 34,874 • Services During Construction - $714,918 Page 63 of 268 (includes Construction Management and Engineer of Record duties as well as part-time, on-site inspection. This amount represents 8.5% of the anticipated construction contract, which is in the lower end of the typical range for this type and size of project. • Arc Flash Analysis - $21,826 • Final Design Additions - $129,457 • Cyanobacteria Mitigation Feasibility Support - $9,863 • Project Administration and Management - $38,903 Staff recommends approval of Amendment No. 4 to the Professional Services Agreement with RH2 Engineering, Inc. for the WPWTP Expansion Phase 1 in the amount of $949,841.00. Page 64 of 268 Resolution – PSA Amendment No. 4 to RH2 Engineering, Inc. West Pasco Water Treatment Plant Improvements – Page 1 RESOLUTION NO. _______ A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH RH2 ENGINEERING, INC., FOR THE WEST PASCO WATER TREATMENT PLANT IMPROVEMENTS PHASE 1. WHEREAS, the City and RH2 Engineering, Inc. entered into a Professional Services Agreement on July 14, 2020, to provide engineering services with respect to the WPWTP Improvements Project; and WHEREAS, the City and the RH2 Engineering, Inc. entered into the first amendment to PSA No. 20-021 on December 21, 2020, for additional design engineering services in the amount of $19,075.00; and WHEREAS, the City and the RH2 Engineering, Inc. entered into the second amendment to PSA No. 20-021 on May 13, 2021, for a revised scope of work (with no fee increase) to focus on the 12 million gallon per day Phase 1 improvements; and WHEREAS, the City and the RH2 Engineering, Inc. entered into the third amendment to PSA No. 20-021 on August 10, 2021, for additional design engineering services and to add additional time of performance; and WHEREAS, in accordance with Pasco’s Purchasing Policy and Procedures, the amount of the first and third contract amendments and the proposed cost of this fourth amendment exceed 15% of the original contract amount of $646,574.00, and thus, requires Council approval; and WHEREAS, the parties agree that all remaining terms and conditions of the PSA (Agreement No. 20-021) not inconsistent with this fourth amendment, shall remain in full force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Sections 1. The compensation for this amendment is to provide professional services during the bidding and construction phases of the project and is not to exceed the amount of $949,841.00 for a total contract amount of $1,715,221.00. Section 2. The City Council of the City of Pasco hereby authorizes the City Manager for the City of Pasco to execute Amendment No. 4 with RH2 Engineering, Inc. to the PSA for the WPWTP Improvements, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A; and to make minor substantive changes as necessary to execute the Agreement; and Page 65 of 268 Resolution – PSA Amendment No. 4 to RH2 Engineering, Inc. West Pasco Water Treatment Plant Improvements – Page 2 Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. 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 66 of 268 Amendment No. 4 to Professional Services Agreement Page 1 RH2 Engineering, Inc. 16008 – West Pasco Water Treatment Plant Improvements AMENDMENT NUMBER 4 to PROFESSIONAL SERVICES AGREEMENT 16008 – West Pasco Water Treatment Plant Improvements AGREEMENT NO. 20-021 WHEREAS, the City and RH2 Engineering, Inc. entered into a Professional Services Agreement on 7/14/2020 to provide engineering services with respect to the West Pasco Water Treatment Plant Improvements Project. WHEREAS, the City and the RH2 Engineering, Inc. entered into the first amendment to the Professional Services Agreement No. 20-021 on December 21, 2020; and WHEREAS, the City and the RH2 Engineering, Inc. entered into the second amendment to the Professional Services Agreement No. 20-021 on May 13, 2021; and WHEREAS, the City and the RH2 Engineering, Inc. entered into the third amendment to the Professional Services Agreement No. 20-021 on August 10, 2021; and WHEREAS, the parties agree that all remaining terms and conditions of the PSA (Agreement No. 20-021) not inconsistent with this fourth amendment, shall remain in full force and effect. NOW, THEREFORE, this agreement is amended to allow RH2 Engineering, Inc. to provide additional design engineering services, additional construction management services, and to add additional time of performance. 1.Scope of Work: See Exhibit A. 2.Fee: The compensation for this amendment is based on a Time and Materials Basis and is not to exceed the amount of $949,841.00 for a total contact amount of $1,715,221.00. please refer to Exhibit B for the breakdown of hours. 3.Time of performance: The services shall now be complete for the project on or before 12/30/2023. DATED THIS _______ DAY OF _____________, 2021. CITY OF PASCO: CONSULTANT City of Pasco RH2 Engineering, Inc. Dave Zabell – City Manager Paul Cross, PE – Project Manager EXHIBIT A Page 67 of 268 1 11/3/2021 9:29:19 AM \\CORP.RH2.COM\PROJECTS\PROJECT\DATA\PSC\20-0062\00 CONTRACT\A-4\PSA_SOW_AMEND NO. 4_WPWTP PH1 SDB SDC SOW.DOCX EXHIBIT A Scope of Work Amendment No. 4 City of Pasco West Pasco Water Treatment Plant Improvements 12 MGD Expansion Phase I Bidding and Construction Services November 2021 Background The City of Pasco (City) is growing rapidly, and its potable water demands are increasing with population growth and local industries. The City has two water treatment plants on opposite ends of its distribution system. While these plants can accommodate current and short-term peak demands together, individual plant capacity must increase to meet the City’s 20-year planning projections. The West Pasco Water Treatment Plant (WPWTP) was designed to accommodate equipment expansion within the facility, and this is a cost-effective way for the City to handle growth. The City retained RH2 Engineering, Inc., (RH2) to perform the preliminary design, final design, and permitting of the Phase I WPWTP Expansion to increase treatment capacity from 6 million gallons per day (MGD) to 12 MGD. The design also included installation of additional strainers, membrane filtration units, filter-to-waste capabilities, a process residuals treatment and recycling system, and various plant operational improvements. This Scope of Work includes providing professional services during the bidding and construction phases of the project. This Scope of Work also includes final design revisions from the 90-percent design review phase to include site security systems, add additional maintenance functionality, address special permit site requirements, and other items as detailed below . This Scope of Work includes the following tasks. • Task 5 – Services During Bidding • Task 6 – Services During Construction • Task 7 – Arc Flash Analysis • Task 8 – Final Design Additions • Task 9 – Cyanobacteria Mitigation Feasibility Support • Task 10 – Project Administration and Management Task 5 – Services During Bidding Objective: Assist the City with the advertisement and bidding of the project. Approach: Prepare and Submit Advertisement and Post Bid Documents: Prepare the advertisement and submit to the City for review and approval. Prepare and post the bid documents and Page 68 of 268 City of Pasco Amendment No. 4 WPWTP Improvements 12 MGD Expansion Phase 1 Exhibit A Bidding and Construction Services Scope of Work 2 11/3/2021 9:29:19 AM \\CORP.RH2.COM\PROJECTS\PROJECT\DATA\PSC\20-0062\00 CONTRACT\A-4\PSA_SOW_AMEND NO. 4_WPWTP PH1 SDB SDC SOW.DOCX advertisement with Abadan Public Plan Room. It is assumed that the City will pay any advertisement fees directly. Respond to Questions from Bidders: Respond to bidders’ technical questions, as needed during the bidding process. It is assumed that the City will respond to procedural questions. Attend Pre-Bid Meetings: Attend and conduct two (2) pre-bid meetings, including a site visit with the City and potential bidders. Prepare and Issue Addenda: Prepare up to four (4) draft addenda and submit to the City for review. Revise the addenda based on City comments and prepare final version in electronic PDF and coordinate with City to submit to Abadan for posting. A copy of the addenda will be posted on the City’s website for viewing. Revise and update the engineer’s opinion of probable construction cost (OPCC) to reflect cost changes based on the addenda. Review Project Bids and Provide Recommendation: Compile bid results, review the lowest three (3) bids, check references for the lowest bidder, and prepare letter of recommendation of award to the City. It is assumed that the City will handle bid award and construction contract execution. Assumptions: • The City will be responsible for submitting the advertisement to the appropriate publications and paying all associated fees directly. The bid documents will be distributed by an online plan center (e.g. Abadan or similar) and no hard copies will be provided to bidders. • The City will take the lead role during bidding, will receive all bidder questions, and will record them for forwarding to RH2 at the City’s discretion. • The City will respond to bidders’ procedural questions. • The City will review insurance documents in the bid package(s). • The City will conduct the bid opening. It is assumed that RH2 will not attend. Provided by the City: • Post electronic bid documents on the City’s website. • Receive and record questions from bidders. • Review draft addenda. • Submit bids to RH2 for bid tabulation. • Review of insurance documents in bid packages. • Bid award and construction contract execution. • Production of construction contract document s for execution. Page 69 of 268 City of Pasco Amendment No. 4 WPWTP Improvements 12 MGD Expansion Phase 1 Exhibit A Bidding and Construction Services Scope of Work 3 11/3/2021 9:29:19 AM \\CORP.RH2.COM\PROJECTS\PROJECT\DATA\PSC\20-0062\00 CONTRACT\A-4\PSA_SOW_AMEND NO. 4_WPWTP PH1 SDB SDC SOW.DOCX RH2 Deliverables: • One (1) PDF of advertisement and bid documents for posting with Abadan. • Responses to bidders’ technical questions. • One (1) hard copy, one (1) PDF, and one (1) Word file for up to four (4) draft and final addenda. • One (1) hard copy and one (1) PDF of up to four (4) updated OPCCs. • Review of non-insurance documents in bid and preparation of bid tabulation. • One (1) hard copy, one (1) PDF, and one (1) Word file of the letter of recommendation of award. Task 6 – Services During Construction Objective: Provide professional services to the City during construction of the Phase I WPWTP improvements. Approach: Prepare and Provide Construction Contract Documents: Incorporate addenda changes made to the plans and specifications during the bidding process, and issue conformed for construction documents. Produce and distribute up to seven (7) sets of construction drawings (half-size) and specifications, and two (2) full-size plan sets for use by the contractor, the City, and RH2. This subtask assumes that the documents will be distributed as follows: two (2) full-size plans, three (3) half-size plans, and three (3) specifications for contractor use; two (2) half-size plans and two (2) specifications each for City and RH2 use. Attend Pre-Construction Conference: Prepare for and attend the pre-construction conference, including preparation and distribution of meeting invitations and agenda. Review roles of the engineer, City, contractor, and other agencies involved in the project. Discuss general construction contract provisions and review project observation and repo rting responsibilities of the engineer and the City. Describe Labor Standards requirements, prevailing wage rates, apprentices and trainees, fringe benefits, weekly payroll, and on -site employee interviews. Distribute forms such as certified payroll, poste rs, and prevailing wage rates to the contractor and subcontractor. Prepare meeting minutes and maintain a record in the project file. Provide Construction Consultation and Document Review: Consult with the City on construction costs, scheduling, and constructability issues. Review shop drawings and catalog submittals of items requested in the technical specifications. Provide a written response to the contractor and the City accepting or rejecting each shop drawing and reviewed catalog submittal. Review written requests for information (RFIs) and change order proposals, and provide written responses to the contractor and the City. This subtask assumes that RH2 will provide up to twenty-six (26) hours per week of construction contract administrative support services based on a sixty (60) week construction schedule. Services include project management; regular Page 70 of 268 City of Pasco Amendment No. 4 WPWTP Improvements 12 MGD Expansion Phase 1 Exhibit A Bidding and Construction Services Scope of Work 4 11/3/2021 9:29:19 AM \\CORP.RH2.COM\PROJECTS\PROJECT\DATA\PSC\20-0062\00 CONTRACT\A-4\PSA_SOW_AMEND NO. 4_WPWTP PH1 SDB SDC SOW.DOCX communications and coordination between RH2 and City/contractor staff during construction; identifying upcoming technical issues/needs; and the scheduling, coordination, and administration of RH2 staff and resources. It is assumed that the City will be primarily responsible for construction contract administration and processing contractor pay requests. Coordinate with SCADA Integrator: Develop process functional descriptions and coordinate with the City’s supervisory control and data acquisition (SCADA) integrator on programming updates for the proposed improvements. Provide On-Site Construction Observation: Provide part-time observation of the construction work in progress to evaluate construction progress and conformance with the construction documents. Prepare construction observation reports, including relevant photographs. Attend on-site construction meetings and respond to engineering field questions. Prepare progress reports, including contract time remaining statements. Coordinate with a certified testing company to identify material testing and special inspection. It is assumed that part-time construction observation includes, on average, approximately twenty-six (26) hours per week of construction support services for sixty (60) weeks of construction observation. It is assumed that the City will pay for material testing and special inspections. RH2 will provide coordination and scheduling for special inspections with the City-contracted materials testing firm. The City will pay for all compaction and concrete special inspections required for the project directly to the materials testing firm. Assist with DWSRF Funding Compliance: Assist the City in administering the Drinking Water State Revolving Fund (DWSRF) requirements and provide related documentation throughout construction. Compare contractor’s work classifications with federal wages and request additional classifications and wage rates through the Contracts Administration Unit (CAU). Review pay requests from the contractor per DWSRF requirements. Forward approved pay requests to the City for processing. Conduct wage rate interviews with construction staff during each pay period to review that contractor staff are paid according to the wage rates an d that overtime hours and fringe benefits are administered correctly. Prepare documentation and gather the American Iron and Steel certifications per DWSRF requirements. Maintain project records to document financial, monitoring, and inspection transaction s and progress reviews throughout construction. Maintain copies of weekly certified payrolls, corrected certified payrolls, correspondence and resolution of overtime violations, and copies of employee interviews in the project file for the life of the loan as defined by the loan agreement. Assist in Startup, Testing, and Project Closeout: Coordinate with the contractor, the City, and manufacturer’s representatives of the proposed equipment for the scheduled testing and startup activities. This coordination will include the review and supplementation of the testing protocols developed by the contractor and manufacturer’s representatives, and review of the tests and corrections. During startup, document activities and coordinate with the contractor per their compliance with the plans and specifications. Notify the contractor and the City of work that has not been completed by the contractor and discuss contractor rectification. Attend factory witness testing of the control panels and motor control center at either the Page 71 of 268 City of Pasco Amendment No. 4 WPWTP Improvements 12 MGD Expansion Phase 1 Exhibit A Bidding and Construction Services Scope of Work 5 11/3/2021 9:29:19 AM \\CORP.RH2.COM\PROJECTS\PROJECT\DATA\PSC\20-0062\00 CONTRACT\A-4\PSA_SOW_AMEND NO. 4_WPWTP PH1 SDB SDC SOW.DOCX manufacturer or the control system integrator’s facility. Attend final on-site walkthrough with City staff, prepare a letter of recommendation for project acceptance for the City, and prepare the Washington State Department of Health (DOH) Construction Completion Report (CCR) for the portion observed by RH2 staff. Submit approved CCR or construction approval letter to CAU prior to closing out the project to comply with DWSRF requirements. Submit a project completion amendment to CAU through the Public Works Board online forms to finalize the closeout process. This report must be signed by the City and submitted to CAU. Prepare Record Drawings: Provide record drawings representative of the as-constructed project. Record drawings will be completed based upon contractor redlined markups to conformed for construction drawings. Provide record drawings in electronic PDF for City records. Assist with Operations: Provide limited on-call assistance to the City during the first six (6) months of operation to assist with adjusting operational settings as the new residuals handling process begins. Assumptions: • RH2 is not responsible for site safety or for directing the contractor in their work. Provided by the City: • Construction contract administration and processing of pay requests. • Payment for all materials testing and special inspections. • Final completion and closeout of contract with the contractor. RH2 Deliverables: • Conformed for construction drawings and specifications in PDF and hardcopy format as note d in subtask 6.1. • Pre-construction meeting invitations, agenda, and minutes in electronic format. • Submittal and shop drawings review and documentation in electronic PDF. • RFIs and change orders review and documentation, if required , in electronic PDF. • Construction observation and correspondence with the City and the contractor, as requested, within the budgeted hours authorized. Construction observation reports from site visits in electronic PDF. • Identification and coordination of materials testing and special inspections between the contractor and City. • Progress reports, including contract time remaining statements, in electronic PDF. • Review and recommendation of contractor requests for payment in electronic format. • Work classification and payroll review. Page 72 of 268 City of Pasco Amendment No. 4 WPWTP Improvements 12 MGD Expansion Phase 1 Exhibit A Bidding and Construction Services Scope of Work 6 11/3/2021 9:29:19 AM \\CORP.RH2.COM\PROJECTS\PROJECT\DATA\PSC\20-0062\00 CONTRACT\A-4\PSA_SOW_AMEND NO. 4_WPWTP PH1 SDB SDC SOW.DOCX • Wage rate interviews with contractor staff. • Documentation maintenance of DWSRF compliance records. • Project completion amendment to CAU. • DOH Construction Completion Report in electronic PDF and project closeout. • Letter recommending project acceptance in electronic PDF. • Record drawings in electronic PDF. Task 7 – Arc Flash Analysis Objective: Perform electrical short circuit, protective device coordination, and arc flash analysis for the electrical distribution equipment at the WPWTP. Prepare a short circuit, protective device coordination, and arc flash analysis report that summarizes the calc ulations and recommendations for protective device settings and Personal Protective Equipment requirements. Produce arc flash hazard labels for installation by the contractor on the front of the WPWTP’s electrical distribution equipment. Approach: Perform Site Visit: Perform a site visit to collect data on the existing electrical distribution system and model the electrical distribution system using SKM Power Tools software . Perform short circuit, protective device coordination, and arc flash calculations. Prepare Arc Flash Analysis Report: Prepare an arc flash analysis report that summarizes the results of the short circuit, protective device coordination, and arc flash calculations for equipment at the WPWTP. The report shall include recommended overcurrent device settings where adjustable overcurrent devices are installed or replacement equipment where old or obsolete devices are contributing negatively to the arc flash potential. Produce Arc Flash Hazard Labels: Produce arc flash hazard warning labels for installation by the contractor to meet the requirements of National Fire Protection Association 70E. Coordinate with the contractor to adjust overcurrent device settings per the recommendations in the report. Assumptions: • RH2 will rely upon the accuracy and completeness of any information, data, and materials generated or produced by the City or others in relation to this Scope of Work. Provided by City: • Access to the WPWTP to review and collect data regarding the electrical distribution equipment. Electrical equipment will need to be temporarily de-energized to obtain model numbers of the overcurrent protection devices. De-energizing of the electrical equipment shall be the responsibility of the City. Page 73 of 268 City of Pasco Amendment No. 4 WPWTP Improvements 12 MGD Expansion Phase 1 Exhibit A Bidding and Construction Services Scope of Work 7 11/3/2021 9:29:19 AM \\CORP.RH2.COM\PROJECTS\PROJECT\DATA\PSC\20-0062\00 CONTRACT\A-4\PSA_SOW_AMEND NO. 4_WPWTP PH1 SDB SDC SOW.DOCX • Electrical as-built drawings and operations and maintenance manuals for the WPWTP, if available. RH2 Deliverables: • Arc flash analysis report in electronic PDF. • Arc flash hazard labeling for installation on the front of the electrical equipment at the WPWTP during construction and testing. Task 8 – Final Design Additions Objective: Update the design of the WPWTP improvements according to comments received from the City’s Operations and Engineering groups after the 60-percent and 90-percent review and constructability review feedback. This Task adds hours for additional design as currently allocated in Exhibit B, Fee Estimate. Design tasks includes the following: • Additional site/civil design for addressing the special permit conditions regarding site landscaping/screening and concrete masonry unit block wall fencing. • Additional site/civil design for adding a 30-inch raw water tee and vault to facilitate cleaning the raw water pipeline upstream of the strainers. • Additional site/civil/structural/electrical design for a 4-inch reverse pressure backflow assembly and insulated and heated enclosure. • Additional mechanical and structural design regarding revisions to the solids discharge system into the existing retention basins. • Additional mechanical and structural design regarding chemical tank ladder installation. • Additional structural and mechanical design for the residuals pump station building consisting of a concrete curb area around the ferric chloride tank for additional secondary chemical containment, an exterior safety shower and eyewash station, an additional utility sink, and piping modifications. • Additional mechanical design to route a compressed air branch from the air compressor to a proposed pipe assembly within the equalization basin to provide a bubbler system for freeze protection. • Additional electrical design for security system upgrades. Task 9 – Cyanobacteria Mitigation Feasibility Support Objective: Assist the City with identifying technologies and WPWTP retrofits for mitigating cyanobacteria and resulting algal bloom toxins. Approach: 9.1 Assist with Cyanobacteria Mitigation Feasibility Support: Coordinate with the membrane system manufacturer and DOH as needed to identify treatment methods, WPWTP retrofit Page 74 of 268 City of Pasco Amendment No. 4 WPWTP Improvements 12 MGD Expansion Phase 1 Exhibit A Bidding and Construction Services Scope of Work 8 11/3/2021 9:29:19 AM \\CORP.RH2.COM\PROJECTS\PROJECT\DATA\PSC\20-0062\00 CONTRACT\A-4\PSA_SOW_AMEND NO. 4_WPWTP PH1 SDB SDC SOW.DOCX options, and feasibility level costs to implement cyanobacteria mitigation. This Task adds hours for engineering support as currently allocated in Exhibit B, Fee Estimate. This task does not include preparing a DOH Project Report, design documents, or further agency coordination to implement cyanobacteria mitigation and those tasks will be handled in separately in a future phase of this project. RH2 Deliverables: • Feasibility level treatment suggestions and costs via email correspondence . Task 10 – Project Administration and Management Objective: Administer, manage, and monitor the RH2 project team, resources, communications, scope progress, budget, files, and records. Approach: Monitor Project Progress: Review and monitor project progress/schedule, scope, and budget. Manage RH2 Team: Manage the RH2 project team and resources. Provide Monthly Invoices: Provide monthly invoices with progress report documenting work performed and budget status. Communicate with City: Communicate with the City regarding project progress, invoicing, and schedule. Maintain Project Files: Maintain project files and records in electronic format. RH2 Deliverables: • Schedule, scope, and budget administration and management. • Project team and resource management. • Monthly invoices with progress reporting in electronic PDF. • Communication with City. Page 75 of 268 EXHIBIT B Fee Estimate Amendment No. 4 City of Pasco West Pasco Water Treatment Plant Improvements 12 MGD Expansion Phase I Bidding and Construction Services Nov-21 Description Total Hours Total Labor Total Subconsultant Total Expense Total Cost Classification Task 5 Services During Bidding 187 32,753$ -$ 2,121$ 34,874$ Task 6 Services During Construction 4044 681,992$ -$ 32,926$ 714,918$ Task 7 Arc Flash Analysis 133 21,001$ -$ 825$ 21,826$ Task 8 Final Design Additions 672 114,840$ -$ 14,617$ 129,457$ Task 9 Cyanobacteria Mitigation Feasibility Support 54 9,594$ -$ 269$ 9,863$ Task 10 Project Adminstration and Management 178 37,954$ -$ 949$ 38,903$ PROJECT TOTAL 5268 898,134$ -$ 51,707$ 949,841$ \\corp.rh2.com\projects\Project\Data\PSC\20-0062\00 Contract\A-4\PSA_FEE_Amend No. 4_WPWTP Ph1 SDB SDC 11/2/2021 3:24 PMPage 76 of 268 AGENDA REPORT FOR: City Council November 3, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 11/15/21 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Professional Services Supplemental Agreement No. 4 with J-U-B Engineers, Inc. for Lewis Street Overpass Project I. REFERENCE(S): Resolution Supplement No. 4 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ______, authorizing the City Manager to execute Supplement No. 4 for the Professional Services Agreement with J-U-B ENGINEERS, Inc. for the Lewis Street Overpass project. III. FISCAL IMPACT: Original Professional Services Agreement (PSA): $ 1,364,800.00 PSA Supplement No. 1: $ 126,500.00 PSA Supplement No. 2: $ 131,700.00 PSA Supplement No. 3: $ 97,000.00 PSA Supplement No. 4: (proposed) $ 392,920.00 NEW TOTAL $ 2,112,920.00 Revenues: City of Pasco Funds $ 7,470,00.00 Connecting Washington Partnership $ 15,000,000.00 Federal Funds $ 3,750,000.00 TIB $ 5,000,000.00 MVA Funds $ 4,400,000.00 Total Funds $ 35,620,000.00 Page 77 of 268 Expenditures: Preliminary Engineering (PE) $ 4,230,000.00 Right-of-Way (RW) $ 4,070,000.00 Construction (CN) $ 27,320,000.00 Total Cost $ 35,620,000.00 IV. HISTORY AND FACTS BRIEF: The original Professional Services Agreement (PSA) with J-U-B Engineers, Inc. (J-U-B) was authorized by Council on February 5, 2018, with a scope and budget for 24 months of design, bid document preparation and project administration for the Lewis Street Overpass project. The bids for construction of the project were opened January 28, 2021, approximately 12 months after the original agreement duration. Supplement No. 1: was executed January 22, 2020 and compensated the consultant for additional work associated with the acquisition of BNSF temporary and permanent easements. It also included additional support with the National Environmental Policy Act (NEPA) documentation as WSDOT required 40+/- adjacent buildings to be inventoried as part of the updated Section 106 process. The Supplement also added additional scope related to urban landscaping design. Supplement No. 2: was executed February 26, 2021, and included costs associated with additional project management, required updates to project documents due to BNSF delays, additional BNSF coordination, added design and coordination of stairs accessing the overpass near 1st Avenue, and bid period assistance that was not included in the original scope of services. Supplement No. 3: was executed May 18, 2021 and provided construction phase services. As the designer of the project, there are certain design submittals and questions only the Engineer of Record (EOR) is allowed to review and respond. For example, questions on structural items cannot be modified by anyone other than the EOR. Other tasks will include necessary site visits to review questions, change order design (if required), and preparation of conformed and final record drawings. V. DISCUSSION: Supplement No. 4: will provide ongoing on-call engineering support during construction. Page 78 of 268 This supplement addresses a misunderstanding by the consultant on the level of involvement and duration of services required on this project. The City's intent was to have EOR consultant support through the duration of construction, while the consultant anticipated a minimal effort at the beginning of construction and tapering off after initial submittals were reviewed and the pace of construction was established. While unfortunate, this is not uncommon when several consultants (J-U-B (design engineer) and WSP (construction management consultant)) interact in the management of a large construction project like this one. Both are needed to represent the City's interest. Supplements 3 and 4 combined represent approximately 5.5% of the construction contract cost. The Construction Management PSA with WSP, Inc combined with J -U-B's construction support commitments (suppl. 3 and 4) represents under 14% of the construction contract. This percentage is reasonable and within industry standards. Staff recommends approval of the proposed Supplement No. 4 to the Professional Services Agreement with J-U-B Engineers, Inc. for the Lewis Street Overpass project in the amount of $392,920.00. Page 79 of 268 Resolution – Supplemental No. 4 to Lewis St Overpass Project - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 4 FOR THE PROFESSIONAL SERVICES AGREEMENT WITH J-U-B ENGINEERS, INC. FOR THE LEWIS STREET OVERPASS PROJECT. WHEREAS, the City and J-U-B Engineers, Inc. entered into a Professional Services Agreement on February 5, 2018, to provide design services with respect to the Lewis Street Overpass Project; and WHEREAS, the City and J-U-B Engineers, Inc. entered into the Supplemental Agreement No. 1 to the Professional Services Contract No. 30-18-2020 on January 22, 2020, to add right-of- way tasks, a right-of-way sub consultant (Universal Field Services), along with various design revisions; and WHEREAS, the City and J-U-B Engineers, Inc. entered into the Supplemental Agreement No. 2 to the Professional Services Contract No. 30-18-2020 on February 26, 2021, to add additional design engineering and right-of-way services; and WHEREAS, the City and J-U-B Engineers, Inc. entered into the Supplemental Agreement No. 3 to the Professional Services Contract No. 30-18-2020 on May 28, 2021, to add construction support services; and WHEREAS, the City and J-U-B Engineers, Inc. (the project’s Engineer of Record) desire to enter into a fourth Amendment to the Professional Services Contract No. 30-18-2020 to provide ongoing on-call engineering support during construction in the amount of $392,920.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the subject agreement is amended to allow J-U-B Engineers, Inc. to provide ongoing on-call engineering support during construction as described within Exhibit A. Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Amendment on behalf of the City of Pasco. Page 80 of 268 Resolution – Supplemental No. 4 to Lewis St Overpass Project - 2 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 81 of 268 EXHIBIT A Page 82 of 268 9/8/2021 Basic Agreement Basic Agreement with Adjustment Supplement 1 Supplement 2 Supplement 3 Supplement 4 Total Direct Salary $308,504.37 $301,767.71 $18,911.61 $39,312.12 $29,257.42 $106,750.41 $495,999.27 Overhead $586,027.86 $573,231.05 $32,930.45 $65,622.83 $48,838.75 $177,664.71 $898,287.79 * Direct Non-Salary $399,226.27 $399,226.27 $69,031.45 $15,000.00 $10,160.50 $30,120.00 $523,538.22 ** Adjustment ($21,554.47) Fixed Fee $92,551.31 $90,530.31 $5,673.48 $11,793.64 $8,777.23 $42,662.27 $159,436.93 Total $1,364,755.34 $1,364,755.34 $126,546.99 $131,728.59 $97,033.89 $357,197.38 $2,077,262.20 Rounded $1,364,800.00 $1,364,800.00 $126,500.00 $131,700.00 $97,000.00 $357,200.00 $2,077,200.00 Maangement Reserve $0.00 $0.00 $0.00 $0.00 $0.00 $35,720.00 $35,720.00 Total with MR $1,364,800.00 $1,364,800.00 $126,500.00 $131,700.00 $97,000.00 $392,920.00 $2,112,920.00 * Direct Non-Salary Costs Direct Expenses $2,147.60 $2,147.60 $570.45 $0.00 $160.50 $170.00 $3,048.55 Subconsultants $397,078.67 $397,078.67 $68,461.00 $15,000.00 $10,000.00 $29,950.00 $520,489.67 Direct Non-Salary $399,226.27 $399,226.27 $69,031.45 $15,000.00 $10,160.50 $30,120.00 $523,538.22 ** Base Agreement Credit from 2010 Scope Summary of Payments Supplement No. 3 - Engineering Construction Support Lewis Street Overpass Page 83 of 268 J-U-B Agreement for Professional Services Attachment 1 – Scope of Services, Schedule, and Basis of Fee Page 1 J-U-B ENGINEERS, Inc. SUPPLEMENT NO. 4 Exhibit A – Scope of Services PROJECT NAME: Lewis Street Overpass Construction Support CLIENT: City of Pasco J-U-B PROJECT NUMBER: 30-21-027 CLIENT PROJECT NUMBER: 13007 PROJECT UNDERSTANDING J-U-B’s understanding of this project’s history and CLIENT’s general intent and scope of the project are described as follows: The City of Pasco awarded the Lewis Street Overpass construction contract March 1, 2021 to Cascade Bridge LLC. Whereas, J-U-B provided the design and is the Engineer of Record for this project. The CLIENT wishes to supplement the agreement for engineering support during construction to include additional Request For Information (RFI) and Submittals. Full time construction management is contracted with a separate Consultant which J-U-B has no contractual relationship with for this project. J-U-B will report only to the CLIENT as requested. SCOPE OF SERVICES BY J-U-B J-U-B’s Services under this Agreement are limited to the following tasks. Any other items necessary to plan and implement the project, including but not limited to those specifically listed in PART 3, are the responsibility of CLIENT. J-U-B will coordinate with subconsultant(s) as needed. For budget purposes assumed budget has been included for subconsultants to assist in tasks representing their design responsibility. Task 010: Project Management Develop Supplement Number 4 and Set up project into J-U-B’s financial and record keeping systems. J-U-B will obtain Railroad Training required for on-site visits within BNSF right of way. J-U-B will conduct check-in meetings to track submittals and RFI. J-U-B will update a worksheet submitted with monthly invoices. J-U-B/City and or WSP monthly meetings. Assumptions: Includes development of draft scope and one revision for final scope. Up to three employees to participate in BNSF Railroad Training. Assumes J-U-B’s existing BNSF Safety Action Plan will be applicable to this project. UP to 80 weekly check-in meetings. Less frequent meetings when reviews slow. UP to 20 monthly meetings with the City and/or WSP. Deliverables: Supplement No. 4 Safety Action Plan for BNSF Task 015: Conformed Contract Documents – No Change Task 020: Preconstruction Meeting – No Change Task 030: Site Visits – No Change Page 84 of 268 J-U-B Agreement for Professional Services Attachment 1 – Scope of Services, Schedule, and Basis of Fee Page 2 Task 040: Request For Information and Submittal Review J-U-B will respond to RFI’s by the contractor, review contractor submittals and shop drawings as assigned by the CLIENT. J-U-B will develop a BNSF Exhibit requested to accompany railroad submittals. The following is the description WSP provided for the Exhibit: For budget purposes assume and additional 130 RFI’s/Submittal requests for a total of 150. BNSF Exhibit Assumption: (a) The utility elevations that are not part of JUB design such as power and communication must be provided by the utilities. (b) The load on power lines must be provided by the utility. (c) Railroad mile markers will be shown as to the extent that was provided by BNSF. (d) The City will request an example from BNSF of a similar requested exhibit. Follow up responses via email and video meetings Draft and Final Version of BNSF Exhibit Task 050: Change Orders and Work Change Directives - No Change Task 060: Project Closeout – No Change Task 070: Subconsultant(s) Assistance from subconsultants involved in the design and contract preparation as required to assist CLIENT. Potential subconsultants include: GPI – Geotechnical Reviews On-Call basis. For budget purposes a nominal amount is included in the estimated fee. KPG – Responding up to 20 RFI’s and Submittal Reviews. To be determined as needed. CLIENT-PROVIDED WORK AND ADDITIONAL SERVICES CLIENT-Provided Work - CLIENT is responsible for completing, or authorizing others to complete, all tasks not specifically included above in PART 2 that may be required for the project including, but not limited to: Construction Management Railroad Approvals and Coordination Page 85 of 268 J-U-B Agreement for Professional Services Attachment 1 – Scope of Services, Schedule, and Basis of Fee Page 3 Inspections and Resident Project Representative Material Testing Construction Surveying QC Construction Documentation and Funding Agency Coordination Additional Services - CLIENT reserves the right to add future tasks for subsequent phases or related work to the scope of services upon mutual agreement of scope, additional fees, and schedule. These future tasks, to be added by amendment at a later date as Additional Services, may include: Design for the removal of existing top of underpass and railroad track replacement. Assisting CLIENT with audit reviews and requests for design documentation. Assisting CLIENT with Right of Way or Environmental Issues. Assisting the CLIENT with railroad coordination. Assisting the CLIENT with Utility coordination. NOTE on Coronavirus and Schedule: J-U-B is committed to meeting your project schedule commitments as delineated above. As our response to the COVID-19 pandemic, J-U-B is engaging in safety procedures in help to protect clients, staff, their families, and the public. Our staff or offices may be subject to quarantine or other interruptions. Since COVID-19 impacts are beyond J-U-B’s control, we are not responsible for the force majeure impacts to delivery timelines, or subsequent project delays and related claims, costs, or damages. Should circumstances related to the COVID-19 issue arise with J-U-B staff or in a J-U-B office that will impact our delivery schedule, we will notify you of the circumstances and mutually agree to a schedule adjustment. For internal J-U-B use only: PROJECT LOCATION (STATE): Washington TYPE OF WORK: City R&D: No GROUP: Transportation PROJECT DESCRIPTION(S): 1. Construction Management (C15) 2. Highway/Interstate/Roadway (H07) Page 86 of 268 CLIENT:City of Pasco DATE:September 9, 2021 Section: Principal In- Charge Project Manager - Senior Project Manager Project Engineer - Senior Project Engineer Project Engineer - Senior (Structures) Project Engineer (Structures)CAD Designer - Lead PFA - Senior PROJECT TASK Total HRS Task 10 Project Management $37,893.27 217.0 0.0 74.0 15.0 17.0 17.0 45.0 45.0 0.0 4.0 Suppplement Development $2,686.36 14.0 0.0 12.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 BNSF Railroad Safety Action Plan and Training $1,202.72 8.0 0.0 2.0 0.0 2.0 2.0 0.0 0.0 0.0 2.0 Weekly Check-in (80)$22,669.46 130.0 0.0 40.0 10.0 10.0 10.0 30.0 30.0 0.0 0.0 Monthly Status (20)$11,334.73 65.0 0.0 20.0 5.0 5.0 5.0 15.0 15.0 0.0 0.0 Task 15 Conformed Contract Documents $0.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Task 20 Preconstruction Meeting $0.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Task 30 Site Visits $0.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Task 40 Request For Information and Submittal Review $246,521.84 1462.0 0.0 333.0 142.0 130.0 65.0 325.0 390.0 77.0 0.0 RFI's & Submittals (130 Additional = 150 total)$241,635.62 1430.0 0.0 325.0 130.0 130.0 65.0 325.0 390.0 65.0 0.0 BNSF Exhibit $4,886.22 32.0 0.0 8.0 12.0 0.0 0.0 0.0 0.0 12.0 0.0 Task 50 Change Orders $0.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Task 60 Project Closeout $0.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Task 70 Subconsultants $29,950.00 Expenses $170.00 FIXED FEE $42,662.27 Management Reserve $35,720.00 TOTAL $392,917.38 1679.0 0.0 407.0 157.0 147.0 82.0 370.0 435.0 77.0 4.0 $392,920.00 Hours ESTIMATED WBS EXHIBIT Lewis Street Overpass - Supplement No. 4 Construction Support 2nd Avenue to Oregon Avenue Page 87 of 268 Exhibit D Consultant Fee Determination - Summary Sheet Cost Plus Fixed Fee Direct Salary Cost (DSC): 2021 Classification Man-Hours Rates of Pay Costs Principal In-Charge 0.0 $81.25 $0.00 Project Manager - Senior 407.0 $76.65 $31,196.55 Project Manager 157.0 $59.19 $9,292.83 Project Engineer - Senior 147.0 $58.66 $8,623.02 Project Engineer 82.0 $46.16 $3,785.12 Project Engineer - Senior (Structures)370.0 $72.86 $26,958.20 Project Engineer (Structures)435.0 $53.89 $23,442.15 CAD Designer - Lead 77.0 $42.54 $3,275.58 PFA - Senior 4.0 $44.24 $176.96 1679.0 Total DSC = $106,750.41 Overhead (OH Cost - including Salary Additives): Updated 2020 OH Rate x DSC of 166.43%$177,664.71 Fixed Fee Profilt x (DSC+OH)15.00% = $42,662.27 Total DSC, OH & Profit $327,077.38 Reimbursables: Travel and Per Diem Per Diem 0 days @ $41.00 $0.00 Air Travel 0 trips @ $800.00 $0.00 Mileage 0 miles @ $0.535 $0.00 Lodging 0 nights @ $100.00 $0.00 BNSF Safetyt Plan Submittal $10.00 BNSF Training 4 EACH $40.00 $160.00 Survey Equipment GPS 0.0 hours $20.45 $0.00 Reimbursable Sub-Total $170.00 Subconsultant Costs:Total GPI - Geotech $10,000.00 KPG $19,950.00 Subconsultant Costs $29,950.00 Total $357,197.38 Total Rounded $357,200.00 Management Reserve 10%$35,720.00 Grand Total $392,920.00 Prepared by:Rick Door Date:9/9/2021 Project: Lewis Street Overpass Supplement No. 4 - Construction Support File: City of Pasco - Lewis Street Overpass Supplement No. 4 Construction Suport PE Fees Exhibit DPage 88 of 268 Client:JUB Project: DATE:9-Sep-21 Principal Project Manager Senior Urban Designer Sr. Engineer 1 2 3 4 274 141 195 203 Hours Fee Project Admin, invoicing, coordination 0 0 0 0 0 $ - Meetings (5) (phone or video conference calls)0 0 0 0 0 $ - 0 $ - 0 0 0 0 0 -$ Etimate (20) RFI/Sunbmittals 20 60 10 20 110 $ 19,950.00 0 $ - 0 $ - 20 60 10 20 110 19,950.00$ Record Drawings (39 Sheets) 0 0 0 0 0 $ - 0 $ - 0 $ - 0 0 0 0 0 -$ 20 60 10 20 110 19,950.00$ $ 0.00 $ 19,950.00 Total Reimbursable Expense Total Estimated Budget Task 2 - Request For Inforamtion & Submittals Task Total Task 3 - Project Closeout Task Total Task 1 - Project Management Task Total Total Labor Hours and Fee SUBCONSULTANT COST COMPUTATIONS City of Pasco Lewis Street Overpass - Construction Support Supplement KPG PROJECT NUMBER: 18011 Task No.Task Description Labor Hour Estimate (2021 Rates)Total Hours and Labor Fee Estimate by Task Page 89 of 268 Exhibit E Sub-Consultant Cost Computations - Summary Sheet Cost Plus Fixed Fee Direct Salary Cost (DSC): 2021 Classification Man-Hours Rates of Pay Costs Principal 20.0 $92.07 $1,841.34 Project Manager 60.0 $47.38 $2,842.65 Senior Urban Designer 10.0 $65.52 $655.22 Sr. Engineer 20.0 $68.21 $1,364.20 110.0 Total DSC = $6,703.40 Overhead (OH Cost - including Salary Additives): Updated 2020 OH Rate x DSC of 167.61%$11,235.58 Fixed Fee Fixed Fee 30.00% = $2,011.02 Total DSC, OH & Profit $19,950.00 Reimbursables: Travel and Per Diem Per Diem 0 days @ $41.00 $0.00 Air Travel 0 trips @ $800.00 $0.00 Mileage 0 miles @ $0.535 $0.00 Lodging 0 nights @ $100.00 $0.00 Reimbursable Sub-Total $0.00 Total $19,950.00 Total Rounded $19,950.00 Management Reserve 0%$0.00 Grand Total $19,950.00 Project: Lewis Street Overpass Supplement No. 4 - Construction Support (KPG) File: KPG LSO Suppl No4 PE Fees Exhibit DPage 90 of 268 AGENDA REPORT FOR: City Council November 9, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 11/15/21 FROM: Richa Sigdel, Director Finance SUBJECT: American Rescue Plan Act Projects List Update I. REFERENCE(S): ARPA Projects List II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: TBD IV. HISTORY AND FACTS BRIEF: The American Rescue Plan Act of 2021 (ARPA, HR 1319) provides federal funding relief for American workers, families, industries, and state and local governments. The Act provides over $350 billion to states, counties, tribal governments, territories, and cities, with a total of $17,464,312 allocated to the City of Pasco in two equal installments during the calendar years 2021 and 2022. The City received $8,732,156 as the first allocation on June 8, 2021, with the remainder of funds to be dispensed within th e next 12 months with specific guidance as to its use and the eligibility requirements for sub -recipients lagging significantly. ARPA funds must be utilized or obligated prior to December 31, 2024, and if obligated in a timely manner, utilized by December 31, 2026. The Act itself highlights areas of focus which allow for assistance to residents, businesses, and governments impacted by the pandemic in various forms. Requirements to show that the grants are disbursed by the City for COVID-19 related activities are clear, though details on standards to which the City will be held in an audit remain limited. Page 91 of 268 V. DISCUSSION: The ARPA project list (attached) has been assembled over several months by Council discussion and staff recommendations. In recent months, several programs have been created/completed to aid City of Pasco's customers, industries impacted by COVID-19, and/or improve economic development. Projects Completed/In-Progress ($4.36 million) • $2 million - Business Assistance Grants: Approximately $1.9 million of the $3 million in the allocation has been expended (grants plus administrative costs), this includes business assistance and administrative cost for Pasco Chamber of Commerce. Council direction will be needed on the future of a "Business Resiliency/Education Program" to assist small businesses with accounting, inventory, regulations, business plan, training, etc. • $1.05 million - City of Pasco / Franklin PUD Utility Assistance: Program complete. • $110k - BDI Utility Assistance: Program ongoing. • $450k - Community Resource Specialist: Position has been hired. Allocation represents funding of position through 2026. • TBD ($750k placeholder) - Life Safety Program: Council has identified the boundary of the program (C-2 Zone) and the program is being developed. The City has contracted with a third-party fire engineer to complete fire/life safety assessments of identified downtown businesses. The assessments will provide valuable information on fire code requirements for the future program. The assessment process commenced Friday, November 12. At this time, funding allocation has not been confirmed. Through the biennium adjustment process, discussion with community partners, and successfully securing a low-interest loan, several projects included on the attached list are recommended to be removed. Projects Recommended to be Removed • Broadband Service: The Council has voiced strong support for improving access and reliability of broadband services to our community. Over the past several months, dedicated programs have or are currently, being created to provide funding to achieve these improvements • Utility Assistance Big Bend Electric: City staff contacted Big Bend Electric but there was little interest in participating in a program with the City. • Job Training: No interest received from local job training programs. • Generators at Police HQ & City Hall: Have been included in the mid- biennium adjustment. • Replacement of Council Equipment: Have been included in the mid - biennium adjustment. • Zone 3 Reservoir Storage Tank: Secured low-interest loan. Page 92 of 268 • Street Eatery: This item was discussed at the onset of the ARPA discussion, the project can be completed as a part of ongoing projects in the area, allowing it to be accomplished in an efficient and least disruptive fashion. • Small Business Development Center: Discussions are ongoing with Small Business Administration, Washington State University, and local agencies on a regional partnership. • Visit Tri-Cities TBEX Conference: Conference has been postponed to Spring 2022, alternative funding identified. • Downtown Master Plan: Process has begun, alternative funding identified. Projects Recommended for Review Water Capital Project - Considerable discussion among Council occurred during the recent review of water rates. Use of ARPA funds for water infrastructure is and allowable use. The discussion centered around reducing future debt to fund needed water capital projects, which would in turn reduce debt service requirement, which would lessen reliance on rate revenues. For instance, if Council were to choose to fund the $9 million fo r water projects, offsetting rate increases for its 22,000+ utility customers, this would result in a savings to ratepayers for the life of the bond (20 years). If Council were to proceed with the aforementioned action, approximately $4.1 million would remain from the City’s ARPA allocation, contingent on the Life Safety Program allocation and Business Assistance final allocation. Below outlines the remaining projects and status. Mobile Outreach Professional & Community Health Program In partnership with Lourdes, Mobile Outreach Professionals began riding in tandem with the Pasco Police Officers to respond to individuals suffering a behavioral health crisis, identity if/when there were options available other than jail, and advance police officers' training. The program has been impactful to Pasco Police Department (Pasco PD) and community members who may be better served through behavioral health services. The program has been fund ed by the Washington State True Blood Grant since its inception, this funding ends in June 2022. As an important program to the community, ARPA funding was discussed to fund a Pasco position to retain this valuable resource. The impact of 2021 legislation on police response has altered how and when the Pasco PD responds to individuals in crisis. If no crime has been committed, police have been encouraged to remove themselves from a scene if the individual in crisis does not want their assistance or if pol ice presence is unwanted. Individuals continue to experience behavioral health episodes and fire personnel has begun responding to these calls for service. Seeing the need for improved training and response abilities, the Community Health Program was added to the ARPA list. The amount was preliminary and did not account for a regional approach or funding which might be available through Benton County Page 93 of 268 Department of Human Services. Over the past month, discussion began with Benton County, Pasco's Fire and Police Departments, and Franklin County Sheriff’s Department regarding a region mobile crisis response team model. Any program established through ARPA would require long-term commitment that outlives the ARPA funding. Two Rivers Behavioral Health Center Council approved a letter of support of the Two Rivers Health District efforts to secure funding and development of a Behavioral Health Recovery Center in November 2020; Council suggested earmarking ARPA funding towards support this project. With ARPA funds needing to be expensed by the end of 2026, there is a risk that this funding will need to be reallocated if the project does not progress or if progress is slowed. It is worth noting that this effort received legislative funding in 2021 and, although not guaranteed to be a benefactor, Benton County Commissioners approved a mental health sales tax on November 9, 2021. Martin Luther King Center Improvement & Expansion MLK houses the YMCA Head Start, Homework/Computer Lab, and several teen programs. The center was identified in the 2020 Capital Improvement Plan (CIP) for improvements and expansion to include community meeting space, improve ADA accessibility and functionality as a community center that no longer meets the needs of its diverse community. In addition to the $1 million secured during the 2021 Legislative Session, there is also a Congressional request of $3 million pending. Furthermore, staff has commenced discussions with Mid -Columbia Libraries for the inclusion of a mini branch to improve librar y services in the easternmost part of Pasco. Staff is currently working on a Request for Proposal for concept planning and engineering services. Boys and Girls Club Building Improvements Staff has completed a walk-thru of the facility with the Boys and Girls Club Executive Director. Improvements to the facility focus on safety for kids and staff and include items such as ADA accessibility, installation of fire sprinklers, and additional space for programming. Community Vaccination Clinics The Tri-Cities Hispanic Chamber of Commerce has been conducting vaccination outreach through pop-up vaccination clinics since mid-summer. The vaccination clinics have proven successful and a request has been received for funding to continue their outreach and incentive program. The funding would be a one-time expense and funds would be utilized to incentivize community members from Pasco to get vaccinated. The information provided tonight is meant to elicit discussion from Council and provide staff direction on the allocation of ARPA funds. Page 94 of 268 Page 95 of 268 ARPA LIST$21,200,000Name Assigned to Agency Amount Actual Contact Initiated Accepted Notes Completed? Revenue Replacement?Business Assistance Richa SigdelChamber of Commerce$3,000,000$1,924,523 Yes Yes Contract executed Done NoUtility Assistance Richa SigdelFranklin PUD/City of Pasco$1,050,000$1,010,000 Yes Yes Program completed Done NoUtility Assistance Richa Sigdel BDI$110,000$22,000 Yes Yes Contract executed Done NoCommunity Resource Specialist Angela Pashon City of Pasco$450,000Yes YesPosition Filled. Funding is allocated for salary and benefits of position through 2026.Done NoMobile Outreach Professional Ken RoskeLourdes/City of Pasco$250,000Yes Yes Regional discussions in progress In Progress NoMartin Luther King Construction Zach Ratkai City of Pasco$2,000,000Yes Yes$1 million secured from State Legislature$3 million requested from Congressional appropriationStaff discussing "mini-branch" option with Mid-Columbia LibrariesIn Progress NoBehavioral Health Care CM OfficeTwo Rivers Behavioral Health Center$1,000,000Yes In Progress CM Office working with other jurisdictions In Progress NoLife Safety Troy Hendren & Rick White City of Pasco$750,000No In ProgressProgram criteria in progressInitial fire engineer assessments in-progressIn Progress No - if QCT or restaurantsCommunity Health Program Bob Gear City of Pasco$2,000,000Yes No Regional discussions in progress In Progress NoBoys & Girls Club Building Zach Ratkai Boys & Girls Club $1,540,000 Yes NoWalk-thru completed:Improvements by priority: A-$690,000 | B-$520,000 | C-$330,000In Progress NoProject: Zone 3 Transmission Project Steve Worley City of Pasco$3,000,000Yes No Benefits all water rate payers Not Started NoProject: West Pasco Water Treatment Plant Expansion - Phase 1Steve Worley City of Pasco$6,000,000Yes No Benefits all water rate payers Not Started NoCommunity Vaccination Clinics Angela PashonTri-Cities Hispanic Chamber of Commerce$50,000 No No Request received from TCHCC to provide vaccination incentives Not Started NoUtility AssistanceRicha SigdelBig Bend Electric$2,700$0YesNoMinimal, no interest in programRemoveNoSmall Business Development CenterAdam LincolnSBA/WSU$70,000YesYesDiscussion with partners ongoingRemoveNoDowntown Master PlanningJacob GonzalezCity of Pasco$119,000YesYesContract executedRemoveNoTBEXAdam LincolnVisit Tri-Cities$25,000YesYesContract executedRemoveNoJob TrainingRicha SigdelColumbia Basin CollegeNAYesYesAll federal funds, awaiting refusal via emailRemoveNoBroadband ServiceRicha SigdelFranklin PUDNAYesNoAwaiting detailed service maps and costDept. of Commerce - $326 million will be made available in coming months and anticipated additional to be funded w/infrastructure billRemoveNoStreet EateryZach RatkaiCity of PascoNAYesNoProject can be completed as a part of ongoing projects in the areaRemoveNoGenerators at Police HQ & City HallZach RatkaiCity of Pasco$600,000YesNoIncluded in 20212022 Biennium adjustment requestRemoveYesReplacement of Council EquipmentJon FunfarCity of Pasco$80,000YesNoIncluded in 20212022 Biennium adjustment requestRemoveYesProject: Zone 3 Reservoir Storage TankSteve WorleyCity of Pasco$0YesNoLow interest loan received. No need for ARPA Funds.RemoveNoPage 96 of 268 AGENDA REPORT FOR: City Council September 30, 2020 TO: Dave Zabell, City Manager City Council Regular Meeting: 11/15/21 FROM: Richa Sigdel, Director Finance SUBJECT: Ordinance - 2022 Ad Valorem Tax Levy and General Fund Revenue Review I. REFERENCE(S): Ordinance Exhibit A - Property Taxes Worksheet II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. ________, providing for an increase in the regular property taxes of the City for levy in 2021 and collection in the 2022 tax year; preserving levy capacity for future years; and providing for related matters and, further, authorize publication by summary only. III. FISCAL IMPACT: Increase tax revenue of approximately $450,223 to General Fund. IV. HISTORY AND FACTS BRIEF: As part of the annual budget process, per RCW 84.55.120, cities are required to conduct a public hearing on General Fund revenue sources for the coming year's budget, including possible increases in property tax revenues. Following the revenue hearing, Council may choose to pass an ordinance at the same meeting authorizing the property tax levy for the ensuing year, consistent with statutory limitations. State statue limits the property tax rate the City can levy to $3.60 per $1,000 of assessed valuation. Other General Fund revenue includes sales tax, fees and charges, utility taxes, fines and forfeitures, and transfers. Property tax, however, Page 97 of 268 requires a public hearing and vote separate from the budget and is the primary focus of this narrative. Revenues generated through the City property tax levy represent a major source of funding for essential government services such as police, fire, parks, community development, finance, administration, as well as a significant portion of streets and other services deemed necessary by the Council through the budget process. In 2001, the voters approved Initiative 747 (I-747) limiting the amount taxing districts could increase the total property tax levy over the previous year by the lesser of 1% or the Implicit Price Deflator (IPD) without voter approval. In November 2007, that initiative was challenged and ruled unconstitutional by the Washington State Supreme Court; the Court's ruling returned the limit to the lesser of 6% or IPD. The Legislature subsequently placed into law those limits suggested by I-747. The current legal limit is the lesser of 1% or IPD, meaning that the City could increase the total property tax levy for 2022 by as much as 1% over 2021. The IPD differs significantly from a regional Consumer Price Index (CPI) in that, unlike the CPI, the IPD is not based on a fixed basket of goods and services in a region. The IPD basket spans the nation and is based on changes from year to year with people's consumption and investment patterns. The IPD figure for the 2022 tax calculation is 3.86%. As final tax levy data has yet to be issued by the Franklin County Assessor’s Office, including information on any increases to State-assessed utilities, the calculations provided herein are estimates. Furthermore, because the Assessor’s Office is not allowed to set the levy to exceed what is shown in the City’s budget, the information provided for both the estimated calculations and the rounded amount will be utilized for presentation in the budget. V. DISCUSSION: CITY PROPERTY TAX LEVY OPTIONS FOR 2022 For 2021, the Franklin County Assessor has provided a preliminary City assessed valuation of $8,025,528,669 , which will be used as the basis to calculate the 2022 property taxes. This amount includes new construction of $207,945,700 and an estimated State-assessed utility of $100,000. Please refer to Exhibit A for the chart regarding the options below. Option A (recommended) reflects an estimated increase of $450,223 over the 2021 levy amount. The proposed increase is derived mostly from an increase in Page 98 of 268 assessed valuation due to new construction in 2021. This option forgoes the statutorily allowed 1% increase in the City property tax levy, an increase of $114,499, and instead would bank the capacity for future needs. It is important to consider that once the Council approves the resolution, the City is not part of the process to ensure that its banked capacity remains intact; leaving it vulnerable to any lapse in process or clerical errors. The effect of the new construction adds to the overall assessed valuation of the City, which in turn serves to reduce the levy rate for 2022 by $0.201 from the $1.684 per $1,000 of assessed valuation in 2021 to $1.483 in 2022. Option B depicts the amount of $564,722 the City would collect if the Council chose to adopt the statutorily allowed 1% increase, plus an estimated increase due to new construction and annexation in 2020. This alternative would decrease the levy rate for 2022 by $0.187 per $1,000 of assessed va luation from the $1.684 per $1,000 of assessed valuation in 2021 to $1.497 in 2022. STATUTORY DEADLINE FOR PROPERTY TAX DETERMINATION Finally, for the Franklin County Assessor to levy property taxes, the City is required to certify property tax levies with the County by November 30th of each year. Staff presented the options to Council and as per the direction from Council, the ordinance attached will bank the City's property tax increase for future use. Page 99 of 268 Ordinance – 2022 Ad Valorem - 1 ORDINANCE NO. ____ AN ORDINANCE of the City of Pasco, Washington, providing for an increase in the regular property taxes of the City for levy in 2021 and collection in the 2022 tax year; preserving levy capacity for future years; and providing for related matters. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. Findings and Determinations. The City Council (the “City Council”) of the City of Pasco, Washington (the “City”), makes the following findings and determinations: (a) RCW 84.55.120(1) provides that the City Council must hold a public hearing on revenue sources for the following year’s current expense budget and that the hearing must include consideration of possible increases in property tax revenues and must be held prior to the time the City levies the taxes. (b) RCW 84.55.120(3) provides that the City may not authorize an increase in property tax revenue from the previous year except by adoption of a separate ordinance or resolution, pursuant to notice, specifically authorizing the increase in terms of both dollars and percentage. (c) Pursuant to proper notice, the City Council held a public hearing on November 15, 2021 (the “Hearing”), to consider the City’s 2022 its revenue sources, along with consideration of possible increases in property tax revenues. (d) The City’s actual levy amount from the previous year was $11,449,800. (e) The City has a population that is greater than 10,000. (f) The City Council, after the Hearing and after duly considering all relevant evidence and testimony presented, determined that the City requires 0% in allowable increase in property tax revenue from the previous year, in addition to revenue resulting from the addition of new construction and improvements to property, newly constructed wind turbines, solar, biomass and geothermal facilities, if the facilities are not state assessed, any increase in the value of state- assessed property, any annexations that have occurred and any refunds made, in order to discharge the expected expenses and obligations of the City and in its best interest. §2. Property Tax Increase Authorized. An increase in the regular property tax levy of the City is authorized for the levy to be collected in the 2022 tax year. The dollar amount of the increase over the actual levy amount from the previous year is $0 (zero dollars), which is a percentage increase of 0% (zero percent) from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, any increase in assessed value due to construction of wind turbine, solar, biomass and geothermal facilities, if the Page 100 of 268 Ordinance – 2022 Ad Valorem - 2 facilities are not state assessed, any increase in the value of state assessed property, any annexations that have occurred and any refunds made. §3. Transmittal. The City Clerk is authorized and directed to transmit a certified copy of this ordinance to the Franklin County Assessor on or before November 30, 2021. §4. General Authorization and Ratification. The City Manager, the Finance Director of the City, the City Clerk and other appropriate officers of the City, and each of them acting alone, are authorized and directed to take any action and to execute any document as in their judgment may be necessary or desirable to effectuate the provisions of this ordinance. All prior actions in furtherance of and consistent with the terms of this ordinance are ratified and confirmed. §5. Effective Date. This Ordinance takes effect five (5) days after passage and publication. 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 101 of 268 OPTION A OPTION B2022 Levy$11,449,880$11,449,880 $11,449,880Implict Price Deflator (IPD) $114,499Increase in State Utility AV (Estimate)$100,000 $100,000New construction $350,223 $350,223Total Levy Amount$11,449,880 $11,900,102 $12,014,601Tax Levy Rate 1.684 1.483 1.497Rate Change from Current 2020 Levy - (0.201) (0.187) Cost per $1,000 on a $360,000 AV Home$606$534$539Net Change($73)$5General Fund Levy OptionsCurrent 2021 Tax LevyNo Increase + New Construction 1% IPD + New Construction Exhibit APage 102 of 268 AGENDA REPORT FOR: City Council November 9, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 11/15/21 FROM: Rick White, Director Community & Economic Development SUBJECT: Public Meeting & Resolution - Accepting a Notice of Thanksgiving Partnership Intent to Commence Annexation Proceedings (ANX 2021 - 002) I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Notice of Intent to Commence Annexation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC MEETING MOTION:I move the City Council approve Resolution No.____, accepting a notice of intent to commence annexation proceedings for the Thanksgiving Partnership annexation, providing a determination on the boundary to be annexed, and whether simultaneous zoning and the assumption of bonded indebtedness will be required. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owners of property located east of North Capitol Avenue approximately 1,400 feet south of Foster Wells Road have submitted a Notice of Intent to Commence Annexation. The Notice of Intent has been reviewed by staff and has been determined to contain sufficient signatures to initiate the annexation process. Page 103 of 268 Notices of Intent are required to contain the signatures of property owners representing at least 10 percent of the assessed value of an area proposed for annexation. In this case, the Notice of Intent contains the signatures of owners representing 100 percent of the assessed value within the proposed annexation area. On November 1, 2021, Council approved Resolution No. 4109 setting November 15, 2021, as the date to hold the public meeting to consider the Notice of Intent and the three items listed below. V. DISCUSSION: The petition method of annexation is a two-step process requiring the submittal of a Notice of Intent to Commence Annexation Proceedings, followed at a later date by an actual Annexation Petition. Upon receipt of a Notice of Intent to Commence Annexation the Council is required by law to set a date to hold a public meeting to consider: 1. Whether the City will accept, reject, or geographically modify the proposed annexation; 2. Whether it will require the simultaneous adoption of a proposed zoning regulation; and 3. Whether it will require the assumption of all or any portion of existing city indebtedness by the area to be annexed. Following Council review of the proposed annexation and passage of a resolution, generally accepting the boundary, staff will prepare the annexation petition. Upon return of the petition it will be forwarded to the County Assessor for certification. Following the certification, a date will be set for a public hearing for Council to formally consider the annexation. Page 104 of 268 Resolution – Accept to Proceed ANX 2021-002 - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, ACCEPTING A NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS FOR THE THANKSGIVING PARTNERSHIP ANNEXATION, PROVIDING A DETERMINATION ON THE BOUNDARY TO BE ANNEXED, AND WHETHER SIMULTANEOUS ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED. WHEREAS, the owners of a property in a portion of the South ½ of the Northeast ¼ of Section 8, Township 9 North, Range 30 East, W. M., have filed a Notice of Intent to Commence Annexation Proceedings to the City of Pasco; and WHEREAS, the City Council of the City of Pasco has reviewed the Notice of Intent and has determined the annexation site is within the Pasco Urban Growth Area, annexation of the site would be a natural extension of the City and said annexation would the in best interest of the Pasco community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS FOLLOWS: That the City will accept the proposed territory to be annexed as described in Exhibit A and depicted in Exhibit B attached hereto. Be It Further Resolved that the territory to be annexed will not require simultaneous adoption of zoning regulations. Zoning will be determined through a public hearing process with input from affected property owners. Be It Further Resolved that the annexation area will be required to assume a proportionate share of existing City bonded indebtedness. 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 105 of 268 EXHIBIT "A" Legal Description ANX 2021-002 -Thanksgiving Partnership The South½ of the Northeast¼ of Section 8, Township 9 North, Range 30 East, W.M., together with rights­ of-way, and access and utility easements as recorded in the Records of Franklin County, State of Washington; comprising approximately 82.95 Acres. Page 106 of 268 4TH US 395US 395I N D U S T R I A L C APIT O L K A RTCHNER R AI L ROADFOSTER WELLS KARTCHN ER T OUS395KARTCHN E R TOUS 395CITY LIMITSCITY LIMITS0 1,000 2,000 3,000 4,000500 Feet "Exhibit B" Item: Thanksgiving Partnership Annexation Applicant: Thanksgiving Partnership LLC File #: ANX 2021-002/ZD 2021-002 Annexation AreaPage 107 of 268 4TH US 395US 395I N D U S T R I A L C APIT O L K A RTCHNER R AI L ROADFOSTER WELLS KARTCHN ER T OUS395KARTCHN E R TOUS 395CITY LIMITSCITY LIMITSBenton County WA, Pasco GIS, Maxar 0 1,000 2,000 3,000 4,000500 Feet 0 1,000 2,000 3,000 4,000500 Feet Overview Map Item: Thanksgiving Partnership Annexation Applicant: Thanksgiving Partnership LLC File #: ANX 2021-002/ZD 2021-002 Page 108 of 268 E FOSTER WELLS RD N CAPITOL AVECAPITOL AVEUS 395 SUS 395 NCITY LIMITS CITY LIMITS 0 570 1,100 1,700 2,300290 Feet 0 570 1,100 1,700 2,300290 Feet Vicinity Map Item: Thanksgiving Partnership Annexation Applicant: Thanksgiving Partnership LLC File #: ANX 2021-002/ZD 2021-002 Page 109 of 268 THANKSGIVING LIMITED PARTNERSHIP P.O. BOX 3027 September 29, 2021 Jeff Adams City of Pasco PASCO WA 99302-3027 (509)545-3355 Community Development Department P.O. Box 293 I 525 North 3 rd Avenue Pasco WA 99301 Re: Notice of Intention to Commence Annexation Procedures and Zoning Designation Dear Jeff: Please find enclosed the following: 1)Notice of Intention to Commence Annexation Procedures dated September 29, 2021,together with attached Exhibit "A" -Subject Property Legal Description and Exhibit "B"­Subject Property Map2)Affidavit of Signature for Annexation Notice of Intent and Application dated September29,2021 It is Applicant's intention to annex subject property under the City of Pasco's Light Industrial {1-1) Zoning designation which is in keeping with the zoning proposed in the most recent UGB plan. We understand that the Port of Pasco has applied to annex its property to the northwest of Subject Property. In the interest of time and efficiency, we would hope that our application could be considered by Council along with the Port's application. Thank you for your assistance in helping us prepare this application. ���� � :\� Thanksgiving Limited Partnehl Robert M. Tippett General Partner pc: Bill Davis, Leavy Schultz and Davis Charles Laird, Tippett Company Page 110 of 268 NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 Council Members: The undersigned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit "A" attached hereto and is depicted on Exhibit "B" further attached hereto. It is requested that the City Council of the City of Pasco set a date not later than sixty days after the filing of this request for a meeting with the undersigned to determine: (1)Whether the City Council will accept the proposed annexation; and, (2)Whether the City Council will require the assum ption of existing City indebtedness by the area to be annexed; and, (3)Whether the City Council will require simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Page 111 of 268 EXHIBIT "A" Legal Description ANX 2021-002 -Thanksgiving Partnership The South½ of the Northeast¼ of Section 8, Township 9 North, Range 30 East, W.M., together with rights­ of-way, and access and utility easements as recorded in the Records of Franklin County, State of Washington; comprising approximately 82.95 Acres. Page 112 of 268 Item: Thanksgiving Partnership Annexation "Exhibit B" Applicant: Thanksgiving Partnership LLC File#: ANX 2021-002 � � � 1-,-j (!) ----,-- � iA M' r.n =>: N W+E s :------.-�--�s;rav-�M���-----+--__J_-� 5001,000 2,000 -- Feet Page 113 of 268 Affidavit of Signature for Annexation Notice of Intent and Petition Under the penalty of perjury, I declare under oath, that l,am authorized to sign deeds and encumbrances on behalf of -rV\. o..""'6-,::� 1. u· .. ..,_;? Ll�d:eJ fan.�£.�and I am further authorized to sign other documents including Notices o Intent and Petitions. �e-()�\M.,bor �'7E ao.)) Date State of Washington County of tYO..'v\.\l\ �'1 ): ss. ) I certify that I know or have satisfactory evidence that l,6,fg:r w\ 'T1P/f-II is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to -oil&:�b in��rr� and acknowledged it as the t;.€;� f PJ2!f,se(/.__ of fl+/2..: t � to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. �\\\\\\IIIIIJIIJ� ��t-:��-�§.�fa­��-;-•�\1110,, �--=.if� § • ., �-. � ;::: :'(.) o.\QTA2111�\ � :::: . '°' rir • s-. -. -a:-•-:e- • b_,,r_ • -'el�\�·.i;/ IE � ··.. 'V.... � � •• \, .• §� n.:.:"•=�� � �:,,.,r-w�,.: � �,,,111,nn\\\\\� NOTARY UC in and for the State of Washington Residing at: �P_lt�S�(_O ________ _ My Commission Expires: Page 114 of 268 1.Please print your name in addition to signing. PRINT NAME SIGNATURE <g e,':,el>c:-\:: -w. , '1 fle:½ �-v. J!�A,. ADDRESS DATE Page 115 of 268 AGENDA REPORT FOR: City Council November 10, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 11/15/21 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Basin Disposal Inc. 2022 Proposed Rate Increase I. REFERENCE(S): Resolution Basin Disposal Inc. Letter 7/29/2021 Solid Waste Agreement 11/16/2015 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ________, approving a rate increase for solid waste collections and disposal services by Basin Disposal Inc. III. FISCAL IMPACT: Basin Disposal Inc. (BDI) is requesting City Council approval of a 4.11% increase in Solid Waste collection and disposal rates for 2022 for all customers within the City Service Area. The increase was originally listed on the rate increase notice at 4.04%, but BDI corrected this number as there was a math error. 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 p rovides the conditions for rate increases, which may occur annually. Basic rate adjustments are tied to the Consumer Price Index (CPI) (limited to 80% of any increase) while other adjustments (i.e., tipping fees, disposal costs, etc.) due to outside vendors, may Page 116 of 268 also be requested. The agreement includes an annual rate adjustment cap of five percent (5%). V. DISCUSSION: Based on the terms of the BDI agreement, and also taking into account how these increases are calculated and distributed across each serv ice area (commercial, residential, industrial). BDI is proposing an overall rate increase of 4.11% 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 4.11% 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 authorized a subcommittee consisting of Councilmember's Saul Martinez, Ruben Alvarado, and Blanch Barajas to review the BDI proposal in detail. The subcommittee met on November 11, 2021, and discussed the proposal and found that the requested increase is consistent with the terms and conditions of the agreement. Page 117 of 268 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 4.11%. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Hereby approves the Annual Rate Adjustment of 4.11% in accordance with the terms outlined in the 2015 Comprehensive Solid Waste Collection Agreement, Exhibit A attached hereto (originally lists the Annual Rate Adjustment of 4.04%, BDI has corrected this number as it was a math error) 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 118 of 268 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 119 of 268 Page 120 of 268 EXHIBIT C RATE SCHEDULE EFFECTIVE DATES 01/01/2022 through 12/31/2022 Page 121 of 268 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 122 of 268 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 123 of 268 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 124 of 268 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 125 of 268 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 126 of 268 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 127 of 268 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 128 of 268 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 129 of 268 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 130 of 268 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 131 of 268 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 132 of 268 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 133 of 268 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 134 of 268 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 135 of 268 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 136 of 268 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 137 of 268 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 138 of 268 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 139 of 268 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 140 of 268 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 141 of 268 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 142 of 268 COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT City of Pasco and Basin Disposal,Inc. November 16,2015 Page 143 of 268 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 144 of 268 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 145 of 268 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 146 of 268 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 147 of 268 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 148 of 268 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 149 of 268 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 150 of 268 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 151 of 268 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 152 of 268 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 153 of 268 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 154 of 268 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 155 of 268 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 156 of 268 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 157 of 268 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 158 of 268 (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 159 of 268 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 160 of 268 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 161 of 268 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 162 of 268 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 163 of 268 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 164 of 268 (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 165 of 268 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 166 of 268 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 167 of 268 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 168 of 268 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 169 of 268 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 170 of 268 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 171 of 268 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 172 of 268 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 173 of 268 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 174 of 268 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 175 of 268 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 176 of 268 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 177 of 268 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 178 of 268 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 179 of 268 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 180 of 268 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 181 of 268 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 182 of 268 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 183 of 268 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 184 of 268 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 185 of 268 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 186 of 268 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 187 of 268 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 188 of 268 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 189 of 268 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 190 of 268 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 191 of 268 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 192 of 268 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 193 of 268 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 194 of 268 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 195 of 268 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 196 of 268 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 197 of 268 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 198 of 268 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 199 of 268 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 200 of 268 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 201 of 268 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 202 of 268 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 203 of 268 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 204 of 268 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 205 of 268 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 206 of 268 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 207 of 268 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 208 of 268 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 209 of 268 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 210 of 268 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 211 of 268 Exhibit G Curbside Recycling Provisions (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement,Exhibit G Page 1 Page 212 of 268 Exhibit H Green Waste Recycling Provisions (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement,Exhibit H Page 1 Page 213 of 268 Exhibit I Electronic Waste Collection Provisions (E-Waste) (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement,Exhibitl Page 1 Page 214 of 268 AGENDA REPORT FOR: City Council November 10, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 11/15/21 FROM: Colleen Chapin, Human Resources Director Executive SUBJECT: *Resolution - Approving 2022-2025 Collective Bargaining Agreement with IUOE, Local No. 280 I. REFERENCE(S): Proposed Resolution Exhibit A - 2022-2025 IUOE Local No. 280 Collective Bargaining Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ____, approving the 2022-2025 Collective Bargaining Agreement with the International Union of Operating Engineers, Local No. 280 and, further, authorize the City Manager to execute the agreement. III. FISCAL IMPACT: If approved, estimated increases in terms of cost to department operations (base wages and benefits) will be as follows during the life of the agreement: 2023 - $324,255 2024 - $304,173 2024 - $312,398 2025 - $288,468 Other negotiated monetary items result in little relative additional costs. IV. HISTORY AND FACTS BRIEF: The current collective bargaining agreement (CBA) terminates on December 31, 2021. Page 215 of 268 Negotiations commenced in July 19, 2021, with this 77 -member bargaining unit and after numerous contract language modifications were bargained, which provide greater clarity for management and the bargaining unit members, the parties reached a tentative agreement on September 7, 2021. On October 8, 2021, the International Union of Operating Enginee rs (IUOE) Local No. 280 representative notified the City that the membership voted to ratify the tentative 2022-2025 Collective Bargaining Agreement. V. DISCUSSION: Economic highlights of the proposed collective bargaining agreement are as follows: Wages Increases: • 2022 - 4.0% • 2023 - 100% CPI-U 3% min. - 4% max. • 2024 - 100% CPI-U 3% min. - 4% max. • 2025 - 100% CPI-U 2% min. - 4% max. Not a significant impact, however the proposed agreement provides for an increase in City paid life insurance from $15k to 50K per the terms of the proposal. Staff recommends Council approve the 2022-2025 Collective Bargaining Agreement for the International Union of Operating Engineers, Local No. 280 and authorize the City Manager to execute the agreement. Page 216 of 268 Resolution – 2022-2025 IUOE CBA - 1 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING THE 2022-2025 COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 280. WHEREAS, the City of Pasco Council has, pursuant to RCW 41.56, approved collective bargaining agreements with the International Union of Operating Engineers (IUOE), Local No. 280 since 1970 for its Public Works, Park & Facilities Departments Local Union No. 280 staff; and WHEREAS, the last addendum to the IUOE, Local No. 280 Collective Bargaining Agreement occurred in May 2019 effective from 2020 through 2021; and WHEREAS, the negotiations commenced in July 19, 2021, with this 70-member bargaining unit and after numerous contract language modifications were negotiated, which provide greater clarity for management and the bargaining unit members, the parties reached a tentative agreement on September 7, 2021; and WHEREAS, on October 8, 2021 the IUOE Local No. 280 representative notified the City that the membership voted to ratify the tentative 2022-2025 Collective Bargaining Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Collective Bargaining Agreement with the International Union of Operating Engineers, shall commence on January 1, 2022 through December 31, 2025; and Be it Further Resolved the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute 2022-2025 Collective Bargaining Agreement with the International Union of Operating Engineers, a copy of which is attached hereto, and incorporated herein by this reference as Exhibit A, on behalf of the City of Pasco. Be It Further Resolved that this Resolution shall take effect and be in full force immediately upon passage by the City Council. PASSED by the City Council of the City of Pasco, Washington this ____ day of November, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 217 of 268 COLLECTIVE BARGAINING AGREEMENT CITY OF PASCO & INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 280 01/01/2022 – 12/31/2025 Page 218 of 268 1 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 TABLE OF CONTENTS TABLE OF CONTENTS 1 WITNESSETH 5 ARTICLE 1 – Recognition 5 ARTICLE 2 – Term and Scope of Agreement 5 Section 2.1 – Term/Entire Agreement 5 Section 2.2 – Severability 5 Section 2.3 – Supersedes Municipal Code/Administrative Policy 6 Section 2.4 – Supervisory Employees 6 ARTICLE 3 – Union Membership 6 Section 3.1 – Union Security 6 Section 3.2 – Statement of Meaning 6 Section 3.3 – Dues 6 ARTICLE 4 – Union Business 6 Section 4.1 – Negotiating Committee 7 Section 4.2 – Bulletin Board Posting 7 Section 4.3 – Union Business Agent 7 Section 4.4 – Shop Steward 7 ARTICLE 5 – Management Rights 7 Section 5.1 – Reservation of Rights 7 Section 5.2 – Delineation 7 ARTICLE 6 – Non-Discrimination 8 Section 6.1 8 Section 6.2 8 ARTICLE 7 – Employee Responsibility/Discipline 8 Section 7.1 – Employee Responsibility 8 Section 7.2 – Just Cause 9 Section 7.3 – Progressive Discipline 9 Section 7.4 – Termination/Discharge 9 Section 7.5 – Appeal to Grievance Procedure 9 Section 7.6 – Confidential 10 ARTICLE 8 – Grievance Procedure 10 Section 8.1 – Purpose 10 Section 8.2 – Scope 10 Section 8.3 – Retaliation Prohibited 10 Section 8.4 – Procedure 10 Page 219 of 268 2 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 8.4.1 - Step 1 – Grievance to Division Manager 10 8.4.2 - Step 2 – Written Grievance to Deputy Department Director 10 8.4.3 - Step 3 – Grievance Appeal 11 Section 8.5 – Special Provisions 12 ARTICLE 9 – Hours of Work 12 Section 9.1 – Breaks/Clean-up 12 Section 9.2 – Work Schedules 12 Section 9.3 – Hours of Work 12 Section 9.4 – Lunch Period 13 Section 9.5 – Work Week/Pay Period 13 Section 9.6 – Non-Standard Shifts 13 Section 9.7 – Irregular Shifts and Work Weeks 13 Section 9.8 – Snow Removal and Control 13 ARTICLE 10 – Sick Leave 14 Section 10.1 – Scope/Conditions 14 Section 10.2 – Sick Leave Taken 14 Section 10.3 – Illness in Family 14 Section 10.4 – Doctor and Dentist Appointments 14 Section 10.5 – Fraudulent Use of Sick Leave 15 Section 10.6 – Vacation Leave Option 15 Section 10.7 – Termination 15 ARTICLE 11 – Vacation 15 Section 11.1 – Accrual 15 Section 11.2 – Vacation Scheduling 15 Section 11.3 – Maximum Accrual 16 Section 11.4 – Vacation Taken 16 Section 11.5 – Termination from Service 16 Section 11.6 – No Mandated Vacation Shutdown 16 Section 11.7 – Leave Without Pay 16 Section 11.8 – Vacation Leave Buyout 16 Section 11.9 – Early Return to Work 16 Section 11.10 – Cancellation 17 Section 11.11 – Unavailability of Vacation 17 ARTICLE 12 – Holidays 17 Section 12.1 – Official Holidays 17 Section 12.2 – Personal Holiday 17 Section 12.3 17 Section 12.4 18 Section 12.5 – Working the Holiday 18 ARTICLE 13 – Other Leaves of Absence 18 Section 13.1 – Jury Duty 18 Section 13.2 – Bereavement Leave 18 Page 220 of 268 3 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 Section 13.3 – Medical Leave without Pay 18 Section 13.4 – Family Medical Leave Act (FMLA) 18 Section 13.5 – General Leaves of Absence 19 13.5.1 – Unpaid Leave 19 13.5.2 – Military Leave 19 13.5.3 – Reinstatement 19 13.5.4 – Union Office 19 ARTICLE 14 – Classification and Wages 19 Section 14.1 – Rates of Pay 19 Section 14.2 – New Employees 19 Section 14.3 – Overtime 20 Section 14.4 – Paid Meal 20 Section 14.5 – Cellular Phone 21 Section 14.6 – Headquarters/Travel 21 Section 14.7 – Pay Period/Pay Day 21 Section 14.8 – Relief from Duty 22 Section 14.9 – Temporary Assignment 22 ARTICLE 15 – Insurances 22 Section 15.1 – Group Medical Insurance 22 Section 15.2 – Dental Insurance 22 Section 15.3 – Insurance Carrier 22 Section 15.4 – Group Life 22 Section 15.5 – Vision Care 23 ARTICLE 16 – Occupational Injury/Illness 23 Section 16.1 – Eligibility for Sick Leave Benefits 23 Section 16.2 – Sick Leave without Pay 23 ARTICLE 17 – Training 23 Section 17.1 – Maintenance of Certification 23 ARTICLE 18 – Transfers, Force Reduction and Rehire 23 Section 18.1 – Layoff/Bumping 23 Section 18.2 – Seniority Retention 24 Section 18.3 – Employee Responsibility 24 Section 18.4 – Transfers/Training/Break-in Period 24 ARTICLE 19 – Safety 24 Section 19.1 – Responsibilities 24 Section 19.2 – First-Aid Training 24 Section 19.3 – Equipment/Uniforms 25 19.3.1 – A City Hat 25 19.3.2 – Pants 25 19.3.3 – Shirt 25 19.3.4 – Coveralls 25 Page 221 of 268 4 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 19.3.5 – Safety Boot Allowance 25 ARTICLE 20 – Seniority 26 Section 20.1 – Continuous Service 26 Section 20.2 – No Accrual During Probation 26 Section 20.3 – Transfers 26 Section 20.4 – Posting of Job Openings 26 Section 20.5 – Promotion/Demotion 27 ARTICLE 21 – Commercial Driver License (CDL) 27 Section 21.1 – Reimbursement for Costs 27 Section 21.2 – Maintenance Responsibility 27 Section 21.3 – New Employees 27 Section 21.4 – Motor Vehicle Accidents 27 Section 21.5 – CDL Law Changes 27 ARTICLE 22 – Smoking Restrictions 27 ARTICLE 23 – Americans with Disabilities Act 27 ARTICLE 24 – Substance-Free Workplace 28 ARTICLE 25 – Implementation of Changes upon Ratification 28 ARTICLE 26 – Deferred Compensation 28 Page 222 of 268 5 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 COLLECTIVE BARGAINING AGREEMENT between CITY OF PASCO and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 280 This Agreement is made and entered into by and between the City of Pasco, Washington, hereinafter referred to as the “City”, and Local Union #280 of the International Union of Operating Engineers, hereinafter referred to as the “Union”, which represents the bargaining unit employees within the Public Works Department’s maintenance and operations divisions and the bargaining unit employees within the Parks and Facilities Division. WITNESSETH: The City and Union recognize harmonious relations should be maintained between them and the public. All will benefit by continued peace and by adjusting any differences which may arise by rational common sense methods. The agreements made herein are in keeping with that spirit of cooperation. ARTICLE 1 – Recognition The City of Pasco recognizes International Union of Operating Engineers, Local #280 as the exclusive representative for all the employees coming within the classifications covered by this Collective Bargaining Agreement. ARTICLE 2 – Term and Scope of Agreement Section 2.1 Term/Entire Agreement. This Agreement and the terms stated herein unless otherwise specified, shall be and hereby do become effective on the date last written below when this agreement is executed by both parties and shall remain in full force and effect until December 31, 2025. If a party gives the other party notice in writing of the desire to enter into a subsequent or modified Agreement, such notice will be given at least ninety (90) days prior to the expiration of this Agreement but no sooner than one-hundred eighty (180) days. The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statements shall add to or supersede any of its provisions. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matters deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, each party voluntarily and unqualifiedly agrees to waive the right to oblige the other party to bargain with respect to any subject or matter which is not specifically referred to or covered in this Agreement. Section 2.2 Severability. If any provisions of this agreement or the application of such provisions should be rendered or declared invalid by court action or by reason of any existing or subsequently Page 223 of 268 6 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 enacted legislation, the remaining parts and portions of this Agreement shall remain in full force and effect. Any provisions declared invalid will be subject to immediate re-negotiation by the parties. Section 2.3 Supersedes Municipal Code/Administrative Policy. It is understood and agreed that, in accordance with the Pasco Municipal Code (PMC 2.42.540) where there is a conflict between any provisions of this Agreement and any provision of the code, the provisions of this Agreement shall govern. The rights and privileges granted in the Pasco Municipal Code do not apply to the represented employees under this Agreement, unless explicitly provided for therein. Section 2.4 Supervisory Employees. Management pledges that supervisory employees, not part of the bargaining unit, in the normal course of their assignment will not work with tools, except in the event of a bona fide emergency where such “hands-on” help will prevent loss or damage to persons or property. ARTICLE 3 – Union Membership Section 3.1 Union Security. All full-time regular employees of the City defined in Article 1, coming within the classifications covered by this Collective Bargaining Agreement, may elect to become members of the International Union of Operating Engineers Local 280. Each new employee that elects to become a member of the union will pay a representation fee equivalent to monthly union dues to the Union following thirty (30) days of the employee’s application of membership or hire date. Section 3.2 Statement of Meaning. The foregoing provisions shall not be construed to deny the City the right to select any new employees, or to terminate probationary employees at any time without recourse to the Discipline (Article 7) or Grievance Procedure (Article 8). The terms of this agreement shall apply to part-time employees who work twenty (20) hours a week or more and for more than six (6) consecutive months and shall apply to temporary-seasonal employees who work more than thirty (30) days in continuous employment. All other employees shall be exempt from these provisions. (For temporary-seasonal workers refer to Note 6 on Employee Wage Schedule.) Section 3.3 Dues. The City will deduct membership dues and pay to Local #280 or to its designee from the wages of employees who elect to become Union members. Deductions will be authorized in writing by the employee. The City agrees to submit a monthly accounting of such deductions including employee names and identifying each employee’s deducted amount. Employees who authorize deduction of dues may cancel this authorization by contacting the Union. The Union agrees to hold the City harmless against any claims brought or issued against the City because of the operation of Article 3, as long as such claims do not arise out of errors or negligence on the part of the City. The City shall submit written notification to the Union’s Business Representative within twenty (20) days of the employment, promotion out of bargaining unit or termination of any employee covered by this Agreement. ARTICLE 4 – Union Business Except as specifically provided, no Union business shall be conducted on City time, nor utilize City facilities, supplies or equipment. Page 224 of 268 7 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 Section 4.1 Negotiating Committee. No more than three (3) employees, shall be granted leave from duty without loss of pay for all meetings between the City and the Union held for the purpose of negotiating the terms of a contract, when such meetings take place at a time during which any such members are scheduled to be on duty. The Union agrees to cooperate with the City in the scheduling of such meetings at times with the least interference with such members scheduled work. The negotiating committee members in order to prepare for negotiations with the City or the bargaining representative with employees on union business, may meet after the employees’ work hours and on their own time at the Parks Department or Public Works maintenance facilities. Section 4.2 Bulletin Board Posting. The City shall furnish bulletin board space at each City maintenance facility or building where bargaining unit employees perform work; for the use of the Union for posting Union announcements and related material. Section 4.3 Union Business Agent. The business agent of the Union shall be allowed admission to the employer’s place of business at any reasonable time during working hours for the purpose of contacting the Union Steward or investigating conditions existing on the job, provided the agent first notifies the Human Resources Manager and or relevant department director, subject to the provisions of Section 4.4. Section 4.4 Shop Steward. The Union shall have the right to set up regular shop steward meetings, but there shall be no more than one shop steward per work group. The City shall be notified in writing of the person so certified. Except for actual meetings with management to discuss adjustment of grievances, or where special permission has been obtained from a Department Director (or his/her designee), Union business will be conducted on breaks, lunch periods and employee time. ARTICLE 5 – Management Rights Section 5.1 Reservation of Rights. The City retains and reserves all rights, powers, responsibilities and authority conferred upon and vested in it by the Law and Constitution of the State of Washington and the United States. Section 5.2 Delineation. The Union recognizes that the City is legally responsible for the operation of the Public Works Department’s Maintenance and Operations divisions, and the Parks and Facilities Division of the Administrative and Community Services Department. The City has the necessary authority to discharge all of its functions and responsibilities to include the following, subject to the laws above-mentioned and except as specifically abridged, modified or limited by the provisions of this Agreement: 5.2.1 Establish, plan for, and direct the work force toward the organizational goals of City government. 5.2.2 Determine the organization, necessity and level of activity or service provided to the public. 5.2.3 Determine the City budget and financial policies including accounting procedures. Page 225 of 268 8 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 5.2.4 Establish, regulate and administer a personnel system, which provides for all types of personnel transactions including determining the procedures and standards for hiring, promotion, transfer, assignment, layoff, discipline, retention and classification of positions with due regard to fairness, objectivity, and uniform application. 5.2.5 To suspend, demote, discharge or take other appropriate disciplinary action for just cause. 5.2.6 Determine the methods, means, equipment, numbers and kinds of personnel and the job or position content required to accomplish governmental operations and maintain the efficiency and safety thereof. Provided, however, in the event the City contemplates the subcontracting of work normally performed by the bargaining unit, the City’s obligations shall be to give the Union written notice at least thirty (30) days prior to the decision to contract and to bargain with the Union over the effects and impacts on the bargaining unit of the decision to contract out. 5.2.7 Determine and change the number and locations and types of operations; processes and materials to be used in carrying out all City functions. 5.2.8 Assign work to employees in accordance with classifications and position descriptions, and establish and change work schedules, except as restricted by this Agreement. 5.2.9 Relieve any employees from duty due to lack of work or insufficient funds. 5.2.10 Take all actions necessary to carry out the mission of the City in emergencies. An emergency means any unanticipated event threatening the public health or safety. ARTICLE 6 – Non-Discrimination Section 6.1 There shall be no discrimination against any employees because of union membership, or non-union membership. In accordance with applicable law, the Employer, the Union, or members of the Union shall not discriminate against any employee covered or not covered by this Agreement because of race, creed, color, national origin, sex, age, religion, marital status or disability, except in the instance where age, sex, sexual orientation, or absence of a disability may constitute a bona fide occupational qualification under applicable law. The Union agrees to work with the employer in instances of discriminatory or harassing behavior on the part of represented employees. Section 6.2 Whenever a male noun/pronoun is used in the Agreement it shall be construed to include male and female employees. ARTICLE 7 – Employee Responsibility/Discipline Section 7.1 Employee Responsibility. The Union agrees that its members who are employees of the City shall individually and collectively perform efficient work and service; that they shall avoid and discourage waste of materials, time and manpower; that they shall use their influence and best efforts to protect the property of the City and its interests and to prevent loss of tools and materials; and that they Page 226 of 268 9 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 shall cooperate with the City in promoting and advancing the welfare of the City and its service at all times. The Union and its members give their unequivocal pledge that they will neither instigate, support, nor condone a strike, work stoppage or slowdown against the City during the term of this Agreement. Provided, however, except for emergencies, employees shall not be required to cross a legally sanctioned (an AFL-CIO sanctioned) picket line against another employer, but in such cases the City may perform the work by contract or by supervisors. Section 7.2 Just Cause. The City shall not take disciplinary action against any employee without just cause. The City retains the right to discharge new employees at will during or at the end of the probationary period and the discharge shall not be made the subject of a grievance either by the employee or the Union. Section 7.3 Progressive Discipline. Discipline of non-probationary employees in circumstances not warranting termination will normally follow a progressive disciplinary pattern with the objective of correcting the problem. When deciding the degree of discipline, the City will take into consideration the circumstances surrounding the incident(s), the severity of the offense, and the past work record and past conduct of the employee. The City reserves the right to initiate discipline at any level depending upon the severity of the occurrence. When meeting with a management supervisor or at any hearing where discipline is being considered, the employee shall be entitled to be accompanied by a Union representative. Section 7.4 Termination/Discharge. In the event a discharge is under consideration: 7.4.1 An employee shall be provided, in writing, with a notice of the charges and an explanation of the evidence supporting the employee’s misconduct and the severity of the possible discipline. The employee shall be given an opportunity to respond to the charges, before the City Manager, as to why the proposed discharge should not be taken. 7.4.2 The employee may have a Union representative at the pre-discharge hearing, if requested. 7.4.3 The City’s explanation of evidence at the pre-discharge hearing should be sufficient to apprise the employee of the basis for the proposed discharge action. This rule, however, should not be construed to limit the employer, employee or the Union at a subsequent hearing from presenting a more detailed and complete case, including the presentation of witnesses and documents not available at the pre-discharge hearing. 7.4.4 Unless otherwise agreed by the employee, a decision shall be made by the City Manager within fourteen (14) calendar days after the close of the pre-discharge hearing. Section 7.5 Appeal to Grievance Procedure. All disciplinary action of non-probationary employees is subject to the grievance procedure. A suspension, demotion or discharge is subject to the grievance procedure starting at Step 3, the City Manager level. Any other grievable item placed in the employee’s personnel file is subject to the grievance procedure beginning at one step higher than the original level of disciplinary action. Page 227 of 268 10 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 Section 7.6 Confidential. Individual employee records and files are confidential and must be kept in a secured area at City Hall. Employees will have access to their personnel files on employee time for their review. Employees may request and receive a copy of any document in their personnel file. A Union representative may have access to an employee’s personnel file and copy any document therein, provided, he/she is authorized in writing by the employee. An employee may request of the Human Resources Manager to withdraw disciplinary documents from his/her personnel file at any time subject to approval of the City Manager or his designee. ARTICLE 8 – Grievance Procedure Section 8.1 Purpose. One of the purposes of this Agreement is to provide for the resolution of good faith employee complaints or grievances promptly and fairly. Unless or until an action or conduct of the City made the basis of a grievance is corrected, modified, suspended or revoked, no employee shall act in disobedience to or in disregard of such action or conduct. Section 8.2 Scope. Any complaint or dispute arising between the parties to this Agreement involving the interpretation, application or claimed breach of this Agreement may be considered a grievance and shall be subject to this grievance process. Section 8.3 Retaliation Prohibited. Initiation of any step of the grievance process shall not subject the employee to discrimination, coercion, restraint or reprisal as a result of the good faith initiation of such action. Section 8.4 Procedure. 8.4.1 Step One. Grievance to Division Manager. As soon as possible, but in no case later than fourteen (14) calendar days following an alleged wrongful act, an employee and/or his/her agent shall state his/her grievance in writing on a standardized grievance form to the relevant Division Manager to attempt settlement of the dispute. Following such filing, the Division Manager shall, within fourteen (14) calendar days of receipt of the written grievance, provide the employee with a written answer to the grievance, which shall be in writing. 8.4.2 Step Two. Written Grievance to Department Deputy Director. If the employee is dissatisfied with the decision of the Division Manager, the matter may be submitted to his/her Department Deputy Director within fourteen (14) calendar days of the date of the Division Manager’s decision. Such grievance shall be in writing and: 8.4.2.1 Concern matters or incidents that have occurred or are scheduled to occur. 8.4.2.2 Detail the facts upon which the grievance is based. 8.4.2.3 Refer to the section(s) of the agreement alleged to have been violated. 8.4.2.4 Specify the relief sought. 8.4.2.5 Include the Division Manager’s written response, if any is made. The Department Deputy Director shall make an investigation of the relevant facts and circumstances and notify the Page 228 of 268 11 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 employee of his decision in writing within fourteen (14) calendar days after receiving the grievance. Said investigation may include a meeting with the grievant and/or his/her agent and the supervisor. 8.4.3 Step Three. Grievance Appeal. If the employee is dissatisfied with the decision of the Deputy Department Director, he/she may, within fourteen (14) calendar days of the date of the Deputy Department Director’s decision, forward a request for review to the City Manager. Said appeal shall delineate the areas of agreement and disagreement with the response given at Step Two and the reasons therefore. Upon receipt of the appeal, the City Manager shall, within fourteen (14) calendar days make an investigation of the relevant facts and circumstances and notify the employee of his decision. Said investigation shall include a meeting with the grievant and/or his/her agent and the Department Deputy Director. If the employee is not satisfied with the decision of the City Manager, he/she may forward a request to the union representative to, within fourteen (14) calendar days of the date of the City Manager’s decision, forward a request for review by an independent Fact Finder to the City Manager. Said request shall delineate the areas of agreement and disagreement with the decision of the City Manager and the reasons therefore. The Union and the City shall attempt to agree upon a person who would act in such a capacity. If the parties fail to agree upon and/or obtain a Fact Finder within seven (7) working days of service of the request, then either party may request the Federal Mediation and Conciliation Service (FMCS) to supply the names of five (5) disinterested individuals who are qualified and willing to perform as an impartial Fact Finder in the dispute. Upon receipt of said names, the parties shall meet within fourteen (14) calendar days to make a selection. Selection shall be achieved by alternate striking of names with the party striking first being determined by a coin toss. The Fact Finder shall convene a hearing in the City of Pasco within thirty (30) days of selection by the parties. At said hearing the parties may present evidence and sworn testimony as well as cross-examine one another’s witnesses. Each of the parties agrees to produce any records or materials which the Fact Finder may require relative to the dispute. Upon closure of the hearing, the Fact Finder shall promptly issue written findings and recommended action(s). In formulating his/her position, the Fact Finder shall designate the losing party. The opinion shall not attempt to destroy, change, delete from, add to or alter the terms of this Agreement. Within fourteen (14) calendar days of the City Manager’s receipt of the Fact Finder’s written opinion, the City Manager shall either affirm, disaffirm, or amend said opinion and provide the reasons therefore. The result of the City Manager’s review shall be final and binding on the parties and there shall be no further appeal. Each party shall bear the cost of the preparation of its own case. The cost of the Fact Finder shall be borne by the parties in equal amounts, including related fees, expenses and room rental. In the event the City Manager does not follow the recommendation of the Fact Finder’s written opinion, the City shall bear the full cost of the related fees, expenses, etc. of the Fact Finder. Page 229 of 268 12 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 Section 8.5 Special Provisions. 8.5.1 The term “employee” as used in this Article shall mean an individual Union member, a group of Union members, and/or their Union agent. 8.5.2 An aggrieved party shall be granted time off without loss of pay for the purpose of any hearings held on a grievance. 8.5.3 A grievance may be advanced to any step in the grievance procedure if the parties so jointly agree in writing. 8.5.4 The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties. 8.5.5 Any grievance shall be considered settled at the completion of any step if the employee is satisfied or if the matter is not presented to a higher authority within the prescribed period of time. ARTICLE 9 – Hours of Work Section 9.1 Breaks/Clean-up. Lunch breaks will normally be taken at the appropriate shop. However, in cases where the work site is closer to another City facility that contains restroom facilities and normal eating facilities the employee(s) may take their lunch break at that facility. Employees may also take their lunch break at a commercial restaurant, provided the break site shall be a reasonable travel time from the work site. The City will allow some additional lunchtime in deference to the travel time required if approved in advance by the City. Employees, on the other hand, understand it may be appropriate for their Lead or other supervisor to speak to them during the lunch period about a work assignment or that it may be necessary that they answer a telephone call if the phone is temporarily unmanned by the secretary or other supervisory employee. A fifteen (15) minute rest break, approximately at the mid-point of the first half of each shift and at the mid-point of the second half of each shift shall be scheduled for fifteen (15) minutes, including travel time. Each employee shall be permitted up to ten (10) minutes personal clean up time at the end of the shift. It is expected an employee not needing the full ten minutes to utilize for clean-up will be engaged in productive work activity, including the completion of work related paperwork during that time period. The fifteen (15) minute rest break at approximately the mid-point of the second half of each shift provided for in section 9.1 will continue to be tacked on to the thirty (30) minute lunch break by maintenance crews, as is the past-practice under the current contract language of Sections 9.1 and 9.4. Section 9.2 Work Schedules. The Union recognizes the right of the City to establish and/or modify work schedules and the City recognizes the need to confer with the Union to take employee interest into account. Except for emergency situations or as provided in Section 9.7, at least forty-eight (48) hours notice will be given to the Union before an overall long-term or seasonal change in work schedule is implemented. Section 9.3 Hours of Work. The normal hours of work for a scheduled shift shall not exceed eight (8) hours in any one day, nor ten (10) hours a day for employees normally scheduled to work four (4) Page 230 of 268 13 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 days in a designated seven (7) day work period. The work day shall be continuous, interrupted only by designated rest and meal breaks and the standard shift will normally be completed between 7:00 a.m. and 5:00 p.m. Nothing herein shall be construed as a guarantee of a forty (40) hour work week. To promote efficiency and productivity, deviation from the normal work day may be required, provided an employee reporting and scheduled for work is given no less than four (4) hours and no more than ten (10) hours of work or no more than twelve (12) hours of work when scheduled to work four (4) days in a designated seven (7) day work period. Provided, however, in emergency situations involving the immediate threat of harm to persons or property, employees may be required to work beyond the ten (10) and twelve (12) hour maximum limits. When practical, scheduling changes resulting in less than the normal hours of work on a particular day should precede or follow a scheduled day or days off so as to extend off-duty time. The discretion given to the employer by this sub-section shall not be used by the employer as a punitive measure against any employee or exercised so frequently as to make the normal work week schedule and work week provisions of this contract meaningless. Section 9.4 Lunch Period. The standard day shift shall include a non-compensable lunch period of not less than thirty (30) minutes or more than one (1) hour. Traveling to and from the work site, City facilities or other work headquarters for lunch period shall be on the employee’s own time. Employees in the Wastewater Collections section and in the Wastewater Plant section and those employees when handling pesticides shall have up to ten (10) minutes personal cleanup time prior to the lunch period, if necessary. In addition, employees required by the City to remain on duty, at a prescribed work site, in the interest of the City during their lunch period, shall be considered working and compensated accordingly. Section 9.5 Work Week/Pay Period. Subject to the exceptions cited below, the standard work week for full-time employment shall be forty (40) hours long within a seven (7) day work period, and eighty (80) hours of work shall constitute the standard pay period. The standard work week shall not exceed five (5) continuous days. Section 9.6 Non-Standard Shifts. Non-standard shifts for Water Treatment Plant Operators are bracketed in continuous eight (8) hour segments of working time within the period running from 4:00 p.m. of one day to 8:00 a.m. of the next day. The first of these shifts shall be titled the “swing shift” and the second of these shifts, following the end of the first one, shall be titled the “graveyard shift”. Employees assigned to any such non-standard shift work schedule shall receive shift differential pay pursuant to Section 14.3.3. Section 9.7 Irregular Shifts and Work Weeks. Irregular shifts and irregular work weeks, not coincidental with the standard descriptions provided herein, may be designated by management to accommodate the peculiar characteristics of street sweeping, park maintenance, wastewater plant, reuse facility and water treatment plant operation. Established irregular shift schedules will not normally be changed without mutual agreement between the City and the Union. Section 9.8 Snow Removal and Control. When snow removal and control are required to provide safe driving conditions on City streets or to keep streets open to traffic, management may adjust shifts or require greater than normal working hours as reasonably necessary, but for only so long as conditions require. Page 231 of 268 14 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 ARTICLE 10 – Sick Leave Section 10.1 Scope/Conditions. Employees shall earn and may be granted time off with pay covering periods of illness or involuntary physical incapacity, except time off caused by accident in connection with other gainful employment, at the rate of one workday for each calendar month of service. Sick leave may be accumulated up to a maximum of one hundred and twenty (120) working days, which computes to nine hundred and sixty (960) working hours. In order to be granted sick leave with pay, an employee must meet the following conditions in accordance with departmental regulations: 10.1.1 Report to his/her Division Manager, immediate supervisor, or designated representative, prior to the beginning of the scheduled workday the reason their symptoms cause the employee to be absent from work. 10.1.2 An employee on sick leave shall keep his/her supervisor informed of his/her condition daily, except in known cases of extended illness. 10.1.3 An employee that is absent from work for five (5) or more days may be required to provide a fitness for duty statement from a licensed health care provider verifying his/her fitness to return to work. If such examination is required, the employer shall pay the full cost. An employee that is absent from work at the direction of a licensed health care provider shall, upon his/her return to work, provide to the employer a release to return to work from the provider. The employer shall provide a form for the health care provider to complete for this purpose. 10.1.4 An employee must permit the City to make a medical examination or nursing visit if the City deems it so desirable. The expense of such professional medical examination or professional nursing visit shall be paid by the City. Provided, however, this section is superseded by Article 16, in the case of time off caused by an on-the-job illness or injury covered by State Industrial Workers Compensation. Section 10.2 Sick Leave Taken. Sick leave taken will count as hours worked, within the seven (7) day work week, for the purpose of overtime at the rate of one and one-half (1½) the regular rate of pay. Section 10.3 Illness in Family. Notwithstanding any other Article, employee shall be allowed to use accumulated sick leave for periods of illness or involuntary physical incapacity of himself or a family member as defined by the Family Medical Leave Act (federal FMLA), the Family Care Expansion Act (Washington) or any other applicable laws which may be promulgated during the term of this Agreement. Under FMLA, the employee will be required to show satisfactory proof of an illness/injury of himself or the family member needing care. (See Section 13.4 for additional FMLA language.) Section 10.4 Doctor and Dentist Appointments. Bona fide doctor and dentist appointments of the employee and as covered by state/federal law are an authorized use of sick leave, but the employee is required to give his/her supervisor at least five (5) days advance notice of any such appointment. In the event of a medical emergency or acute illness, said notice requirement is waived. The City recognizes that sudden changes in appointment times may occur due to the availability of health care providers. The name of the treating doctor or dentist, the location where the treatment or examination shall take place, the date and the time that the appointment is scheduled are items of information that the employees are Page 232 of 268 15 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 required to provide to their supervisor in support of a sick leave request for a doctor or dentist appointment, when such information is requested by the supervisor. Employees shall endeavor to schedule appointments outside of regular work hours. Section 10.5 Fraudulent Use of Sick Leave. Any use of sick leave outside of the terms of this Agreement through fraudulent means not involving a bona fide physical incapacity, shall be considered a serious offense and shall constitute a just cause action for formal disciplinary measures, including termination. Section 10.6 Vacation Leave Option. At the option of the employee, sickness in excess of the maximum number of days accrued may be charged to unused vacation leave. Section 10.7 Termination. Any employee terminating service due to their retirement, or resignation upon giving two (2) weeks advance notice thereof, or leaving City service due to death or layoff, shall receive payment for twenty-five percent (25%) of his/her accumulated and unused sick leave. Maximum conversion to pay shall be for an aggregate of one hundred eighty (180) hours (22.5 days) at the then prevailing hourly rate. Payment may be made in a lump sum or spread over a period not to exceed three (3) months, at the option of the City. This benefit shall not be available to any employee discharged for cause. ARTICLE 11 – Vacation Section 11.1 Accrual (Subject to 11.3 maximums). Employees shall earn vacation per each month of continuous service in accordance with the following schedule: Years of Service Amount Bi-Weekly Amount Annually 1-5 3.7 hrs. 96 hrs. (12 days) 6-10 4.62 hrs. 120 hrs. (15 days) 11-14 5.54 hrs. 144 hrs. (18 days) 15 or more 6.28 hrs. 164 hrs. (20.4 days) Section 11.2 Vacation Scheduling. A vacation schedule shall be developed by the Department Deputy Director at the beginning of the calendar year which indicates to the extent reasonably possible, when each of the employees in a particular work unit desires to be away on vacation. Such schedules shall be in harmony with the letter and spirit of this Agreement. 11.2.1 In January, the employer will schedule vacations for the calendar year and the following January. Requests shall be submitted by employees during the first two (2) weeks of the month. The employer shall prepare the schedule during the latter two (2) weeks of January. In the event of a conflict between requests, the employee with the longest service record shall be allowed vacation at that time. Vacation requests submitted to the employer after January of any calendar year shall be considered by the employer on a first-come-first-serve basis. Vacation requests submitted to the City will be approved or not approved within a reasonable period of time. 11.2.2 Vacation requests submitted to the employer after the first two (2) weeks of January of any calendar year shall be considered by the employer on a first-come-first-serve basis. Vacation requests submitted to the City will be approved or not approved within a reasonable period of time. Page 233 of 268 16 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 11.2.3 All vacations shall be scheduled by the City at times when they will constitute minimum conflicts with work schedules. Vacations shall normally be taken in periods of at least one (1) week’s duration; however, vacation requests for periods of one (1) hour or more may be made. Approval of employee requests shall not be unreasonably withheld. When two (2) or more employees performing the same function request a vacation during the same calendar week and the City will allow only one (1) employee off during that period, the employee requesting the vacation first shall be allowed the vacation at that time, but the City will strive to accommodate additional employee vacation requests. Consideration will be given to allowing full-time employees summer vacations when practical. Section 11.3 Maximum Accrual. No vacations may be taken prior to the first six (6) months of continuous employment. No accumulation of accrued vacation credit in excess of what the employee earns in a two (2) year period will be permitted. However, when an employee is within six (6) pay periods of reaching maximum accrual, the employer can require the employee to submit within one (1) week a plan to timely take vacation to avoid reaching maximum accrual. If the employee fails promptly to submit the requested plan, the Department Deputy Director or his designee will not be required to grant untimely vacation requests from the employee in order to avoid-losing additional vacation accrual until vacation is scheduled and taken under the provisions of this article, permitting further accrual. Section 11.4 Vacation Taken. Vacation taken will count as hours worked, within the seven (7) day work week, for the purpose of overtime at the rate of one and one-half (1½) the regular rate of pay. Section 11.5 Termination from Service. An employee who retires from City service shall receive payment for up to three hundred twenty-eight (328) hours (41 days) of accrued vacation. Any excess vacation must be taken prior to the last day of employment. An employee who separates from City service for other than retirement shall be entitled to pay for all accumulated vacation unless termination is made during the initial probationary period or less than two (2) weeks’ notice has been made to the appropriate Department Director. Section 11.6 No Mandated Vacation Shutdown. Employees in the respective departments shall not be required to take their vacations at the same time. Section 11.7 Leave Without Pay. If an employee requests additional vacation over what he/she has accrued, such requests may be granted by the Department Director, without pay. Section 11.8 Vacation Buyout. If an employee requests to work his/her earned vacation period, such request may be approved by the Department Deputy Director and the City Manager, provided there is sufficient money available in the budget to offset the additional cost. Such requests will only be considered in the case of exceptional need. However, each employee after entering their tenth (10th) year of continuous service may convert up to five (5) days accrued vacation to cash in December of each year, provided the employee has maintained satisfactory work performance as shown on their last performance evaluation and has used at least ten (10) vacation days during the calendar year in which the cash out is taken. Section 11.9 Early Return to Work. Employees required to return to work from vacation by direction of management shall be compensated on a one-for-one basis up to a maximum of three (3) work days at the rate of one and one-half (1½) times the regular straight time rate of pay for the hours Page 234 of 268 17 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 actually worked. Vacation leave not taken will be scheduled for a later date by mutual agreement of the employee and his/her Department Director. Section 11.10 Cancellation. When an employee is scheduled vacation leave at least three (3) months prior to the time taken and the City cancels the vacation with less than thirty (30) days notice, then the employee shall be paid in accordance with Section 11.9 above. Section 11.11 Unavailability of Vacation. In the event the City denies an employee the opportunity to take vacation, even though the employee submitted the vacation plan required by Section 11.2.1 and 11.3, and the employee has reached the maximum accrual of vacation time, then the City will pay the employee for days accrued but not taken in excess of the maximum accruals allowed until the employer permits vacation to be taken. ARTICLE 12 – Holidays Section 12.1 Official Holidays. The following are official holidays for all represented City employees. 12.1.1 January 1 New Year’s Day 12.1.2 Third Monday in January Martin Luther King’s Birthday 12.1.3 Third Monday in February Presidents’ Day 12.1.4 Fourth Monday in May Memorial Day 12.1.5 July 4 Independence Day 12.1.6 First Monday in September Labor Day 12.1.7 November 11 Veterans’ Day 12.1.8 Fourth Thursday in November Thanksgiving Day 12.1.9 The day following Thanksgiving 12.1.10 December 25 Christmas Day Section 12.2 Personal Holiday 12.2.1 Regular, full time employees shall be eligible for two (2) personal holidays per calendar year. They shall be eligible for the first personal holiday after six (6) months of continuous employment. 12.2.2 Regular, part time employees shall be eligible for one (1) personal holiday (pro-rated) per calendar year. They shall be eligible for the first personal holiday after six (6) months of continuous employment and have passed probation. 12.2.3 Seasonal employees who have been continuously employed by the City of Pasco for six (6) months or more each calendar year shall be entitled to one (1) personal holiday at their regular rate of pay. 12.2.4 The employee shall give fourteen (14) days’ notice of the requested personal day off. Approval shall be subject to staffing or emergency requirements of the division/department. Section 12.3 When any of these holidays falls on the first scheduled day of rest, it shall be observed by the employee as a holiday on his/her last preceding regularly scheduled work day. When any of these Page 235 of 268 18 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 holidays fall on the second scheduled day of rest, it shall be observed by the employee on his/her next succeeding regularly scheduled work day. Section 12.4 Authorized holidays falling during an employee’s vacation period shall not be counted as vacation leave taken. Section 12.5 – Working the Holiday. An employee who works on a holiday will be paid a premium of one and one-half (1½) times the regular rate of pay (holiday premium) for all hours worked. Holiday hours will count as hours worked for the purpose of overtime. In addition to the holiday premium, the employee shall be paid for eight (8) hours for the holiday (paid holiday). Holiday means one of the designated holidays in Article 12.1. Note: holiday premium pay is not overtime and therefore cannot be subject to the compensatory time benefit. Floating personal holiday at employee’s choice. Only available if employee has been continuously employed by the City for more than six (6) months. This personal holiday will not carry over to the following calendar year. ARTICLE 13 – Other Leaves of Absence Section 13.1 Jury Duty. The City shall grant a leave of absence with pay to an employee to (a) serve on a jury in a federal, state or local court, or (b) serve as a witness in a criminal or civil case in the line of duty. Pay during such leave shall be at the employee’s regular rate less compensation received (exclusive of mileage) for jury or witness duty performed. Section 13.2 Bereavement Leave. Administrative Order No. 226 as written, or as subsequently amended or revised will apply to employees represented by this agreement. Section 13.3 Medical Leave without Pay. Upon application of a regular employee, a leave of absence without pay may be granted for up to one (1) year by the City Manager for a disability because of sickness or injury. Section 13.4 Family Medical Leave Act (FMLA) 13.4.1 Administrative Order No. 231 of the City Manager, originated November 22, 1993, setting forth the implementing procedures of the FMLA by the City is hereby incorporated by this reference herein as if specifically set forth. 13.4.2 Employees are cautioned to be mindful of the thirty (30) day advance notice and the use of the FMLA Leave Request Form when family or medical leave is intended to be used. 13.4.3 FMLA leave may be coordinated with other leave benefits as noted in Administrative Order No. 231. Any conflict between a provision of this Agreement and Administrative Order No. 231 shall be resolved in favor of the language of this Agreement. Page 236 of 268 19 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 Section 13.5 General Leaves of Absence. 13.5.1 Unpaid Leave. The City Manager may authorize a personal unpaid leave of absence, up to a maximum duration of one (1) year. This leave of absence may not be used for purposes of other employment (except for US military service). 13.5.2 Military Leave. An unpaid leave of absence, under the rules of USERRA, will be granted for service in the US Armed Forces (including the US Coast Guard and National Guard). The employee on military leave of absence will follow all return requirements as noted in USERRA. Failure on the part of the employee to notify and report to the City for employment as required by USERRA will be considered voluntary resignation. 13.5.3 Reinstatement. Upon expiration of an approved leave of absence, an employee shall be reinstated in the position held at the time the leave was granted, if the position is still remaining, or in a position of similar responsibility. Only the employees advanced to fill the temporary vacancies created by the leave of absence shall be affected and, in each case, shall return to the jobs they left. Employees who are granted a leave of absence shall not lose their established seniority. 13.5.4 Union Office. Any employee appointed or elected to office in Local Union No. 280 shall not lose his/her established seniority with the City if granted a leave of absence upon application. Leave of absence under this clause shall be limited to one (1) year, except that the City may grant extensions in increments of one year for as long as the City deems practical. ARTICLE 14 – Classification and Wages Section 14.1 Rates of Pay. (See Wage Schedule.) • 2022 – New wage scale – minimum 2 grade (4%) increase for each job classification. • 2023 – 100% - CPI-U – 3% minimum – 4% maximum CPI–U (West B/C cities) June to June / first full pay period of January. • 2024 – 100% CPI-U – 3% minimum – 4% maximum of CPI–U (West B/C cities) June to June / first full pay period of January. • 2025 – 100% CPI-U – 2% minimum – 4% maximum of CPI–U (West B/C cities) June to June / first full pay period of January. 14.1.2 Certification premiums will be effective the first full pay period following full ratification of this agreement. 14.1.3 Re seasonal employees: Each seasonal employee after completion of his sixth (6th) month of work will be credited an additional eight (8) hours regular pay upon request, in the following pay period or on his final paycheck. This incentive shall in no way create or cause an overtime pay claim by the employee or other employee(s) that pay period nor shall it be counted toward working hours. Section 14.2 New Employees. The City, at its discretion, may hire a new employee at a higher entry level rate if s/he has a college degree or years worked in an applicable field. Page 237 of 268 20 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 Section 14.3 Overtime. Overtime work shall include only that work performed by represented employees at the direction of their Department Deputy Director or Division Manager, or their authorized representative, and shall be as follows: 14.3.1 Time worked in excess of eight (8) hours per day and/or forty (40) hours in a designated seven (7) day work period, shall be paid at time and one-half (1½) of the regular rate. The work week shall not be lengthened solely to take advantage of an employee’s illness; vacation or holiday so as to avoid overtime pay. Overtime will be distributed equitably among those employees who normally perform the work. Compensatory time may be granted in lieu of overtime pay. Compensatory time will be paid out the first (1st) full pay period of December, , including an amendment thereto that the city reserves the right to pay off the accumulated compensatory time of any employee, at any time, at the then prevailing rate. 14.3.2 An employee who is called back to work from off the work site shall receive pay at the overtime rate of time and one-half (1½) for all hours worked. Employees called out who are not carrying a cell phone shall also receive a call out premium pay of fifty dollars ($50.00). This section shall not apply to employees who are held beyond the completion of their shift. 14.3.3 The shift differential premium for swing and graveyard shifts shall be fifty ($.50) cents an hour and shall be considered a part of base pay. This differential shall not apply to employees who are entitled to premium or overtime pay for such work. 14.3.4 Whenever an employee’s shift hours are changed to accommodate emergency snow removal (see Section 9.8), the employee shall receive call-out pay. 14.3.5 Within the Facilities Division, at least one (1) bargaining unit employee shall be permitted (normally at their option, but may be required by the employer) to work at any location requiring any number of seasonal/temporary employees performing bargaining unit work beyond the scheduled end of shift, except: 1) when such seasonal/temporary employees are performing custodial duties or the mowing of grass or 2) on weekends or holidays if the hours of work assigned to the respective seasonal/temporary employees are their regularly scheduled hours and the work assigned is within the scope of their regularly assigned duties. 14.3.6 Qualified Facilities Division bargaining unit employees shall have the option to work beyond regularly scheduled hours to perform authorized repair of Facilities Division equipment (excluding vehicles) when, in the sole discretion of the supervisor, said repairs can be performed in the time period available, would not interfere with the performance of regular duties of the respective employee, and the overtime cost of the repair is not expected to exceed the labor cost associated with other repair options available to the employer. Section 14.4 Paid Meal. Employees called back to work from off the work site or held beyond the end of their normal shift, shall be eligible for twelve ($12.00) dollars for the cost of a prepared meal under the following conditions: 14.4.1 Call back work must be for four (4) or more continuous hours. Page 238 of 268 21 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 14.4.2 Held over work must be for two (2) hours or more continuous hours. Time utilized for such meals shall not be compensable unless the employee is required to remain on duty as described in Section 9.4. Section 14.5 Cellular Phone. At the discretion of Management, all employees, in positions covered by this bargaining unit, agree that they will accept stand-by assignments, carry the cellular telephone and are subject to mandatory after hours on-call rotation. Said employee will be paid a premium (not included in base pay for overtime purposes) in the amount of three dollars ($3.00) per hour on weekdays and five dollars ($5.00) on Saturday or Sunday. 14.5.1 Should an insufficient number of qualified employees volunteer for stand by duty (one (1) week rotation), the Union agrees that the manager may create an on call list including all applicable employees in the division(s). 14.5.2 Each employee on stand-by will be in a location when outside of their regular shift hours where that employee can be reached by cellular telephone assigned to the employee for emergency call-in purposes and respond to the site of their respective workplace no later than thirty (30) minutes from the time the call was received. The cellular phone shall be furnished to the employee at no cost to the employee. Use of the cellular phone is authorized for no other purpose than to receive and/or respond to an emergency call-in. An employee on stand-by who becomes sick or has such emergency arise that he or she is unable to respond to a call-in shall call their Manager or the Manager’s designee in order that the Manager can then exercise management judgment in such emergency conditions. 14.5.3 Stand-by can be traded between employees rotating the assignment of the cellular telephone within their respective division with prior notice and approval from the appropriate division Manager. 14.5.4 The rotating stand-by lists will be prepared by the appropriate Division Manager and updated by the Manager as needed. 14.5.5 The employee shall not be required to be assigned on stand-by during the employee’s scheduled vacation unless the employee so consents. Section 14.6 Headquarters/Travel. Employees shall travel from work site to work site on City time and shall report to the department headquarters where they are regularly employed, although they may be assigned to work within any department covered by this Agreement. When an employee is assigned to work in a division in which he/she is not regularly employed, shall report to the headquarters for that division while on temporary assignment. Meals may be taken at the nearest location where sanitary facilities are available or at the employee’s division headquarters. Section 14.7 Pay Period/Payday. The City will pay employees on the basis of twenty-six (26) pay periods per year and payday will normally be every other Friday. If a payday falls on an authorized holiday, every effort will be made to pay employees on the preceding business day. Existing paycheck stub information showing the employee’s accrued vacation and sick leave, and amount of regular and overtime hours worked, will continue to be provided by the City. Page 239 of 268 22 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 Section 14.8 Relief from Duty. Except due to disciplinary action, an employee who reports to a normally scheduled shift and is relieved from duty prior to the normally scheduled end of his/her shift, shall receive a minimum of four (4) hours pay, inclusive of hours actually worked. Section 14.9 Temporary Assignment. Any employee covered by this Agreement working out of classification shall be paid the rate of two dollars and fifty cents ($2.50) per hour above his regular rate of pay for the first hour and for each additional working hour thereafter until relieved of the temporary assignment. Working out of classification means the employee is required to perform substantially all of the essential job functions of the higher classification. ARTICLE 15 – Insurance Section 15.1 Group Medical Insurance. The City shall make available group medical and hospital insurance; the premiums for which shall be shared by the City and the employee, subject to the below cited conditions. The City may deduct such premium amount from the employee’s paycheck on a regular basis. 15.1.1 The Non-Represented medical insurance premium, medical insurance premium cap and medical plan (e.g., coverage, deductibles, maximum out of pocket amounts, etc.) will be followed. 15.1.2 Prescription card benefit. The Non-Represented prescription card benefit will be followed. 15.1.3 Wellness program benefit: The Non-Represented wellness benefit will be followed. Notwithstanding; the above, in the event state or federal legislation requires the Employer to make changes in the group medical benefits provided employees during the life of this Agreement, the Employer reserves the right to make the required changes, provided, however, the employer provides the bargaining representative with at least thirty (30) days advance notice of the change(s) and further provided that, either the employer or the union may require this subsection to be re-opened in negotiations if the change results in a reduction of benefits or an increase (by at least 10%) in the amount of premium paid by either the employer or the employee for the employee, their spouse and dependents by providing the other with written notice within fourteen (14) days receipt by the bargaining representative of the notice from the employer of the proposed changes. In addition the City agrees to comply with RCW 41.56 if additional benefits are added to the current plan. Section 15.2 Dental Insurance. The City will continue to offer dental benefits to each employee and their dependents. The Non-Represented dental benefit will be followed. Section 15.3 Insurance Carrier. The City retains the right to select the carrier for any or all of the above coverages provided employee contributions are not increased nor benefits reduced, except as permitted above. Section 15.4 Group Life. The City, at its expense, shall make available group term life insurance of $50,000, face value, for each employee, in accordance with the age limitations of the plan of the selected carrier. Page 240 of 268 23 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 Section 15.5 Vision Care. The City shall make available the vision insurance available to covered employees and their dependents which is available to non-represented employees and their dependents. The premium for vision insurance will be shared with the City at 50%-50%. ARTICLE 16 – Occupational Injury/Illness Section 16.1 An occupational injury/illness will be accordance with Administrative Order No. 250 – Workers Compensation (Industrial Insurance) dated February 10, 2011. Any conflict between a provision of this Agreement and Administrative Order No. 250 shall be resolved in favor of the language of this Agreement. Section 16.2 Sick Leave Without Pay. Sick leave without pay, once all earned leave benefits are exhausted, may be granted by the City for an employee on leave due to accident or illness, but such leave shall not exceed one (1) year in duration. During this time, the employee shall continue to earn seniority within the Union but will not be eligible to receive or accrue other benefits under this contract or other City ordinances, resolution or administrative order. ARTICLE 17 – Training Section 17.1 Maintenance of Certification. 17.1.1 Employees required by the City to maintain a valid Washington State Public Operators’ Pesticide License shall receive training at City expense. 17.1.2 Employees required by the State of Washington and the City to maintain certification in water distribution or operation and sewer plant operation, as a condition of their employment, shall be offered training in addition to safety and first-aid training, at City expense, sufficient for the employee to earn at least the minimum number of CEU’s required to maintain their State Certification for the position the employee holds for the City. 17.1.3 “At City expense” as used herein means that the employee will be paid for the time spent in a seminar, class or other City selected training where CEU’s are earned. The cost of registration and required materials, and the actual cost of transportation (if outside the Tri-Cities area). No overtime will be claimed unless mandated by the FLSA or state law. Travel time to and from any employer offered training is not compensable unless required by the FLSA. 17.1.4 The City shall determine the means of transportation for training outside of the Tri- Cities area. If the employee’s personal automobile is used as the means of transportation, the City shall pay the employee’s mileage at the then current prevailing Federal (IRS) mileage rate. ARTICLE 18 – Transfers, Force Reduction and Rehire Section 18.1 Layoff/Bumping. In the event of a layoff, the employee with the shortest length of continuous service in the job classification affected shall be laid off first. Employees being laid off may choose to transfer to an equal or lower pay classification within the bargaining unit, provided that the employee meets the minimum job qualifications for the position, including the passage of any written and practical tests which would be given to an applicant for the position were it otherwise open, and Page 241 of 268 24 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 providing that the employee has more seniority than the employee occupying said classification, and providing that the City can provide sufficient operations. The Union shall have the right to make a written recommendation, to management explaining its views on the relative qualifications of the affected employee(s). The Union and the employer agree that, in the event of a layoff of an employee that is currently classified as a Maintenance Worker 3, that employee would, without testing, meet the minimum qualifications for a Maintenance Worker 1 position; and that a Groundsman II would, without testing, meet the minimum qualifications for a Groundsman I position; and that any employee in the bargaining unit in a position above Utility Maintenance Worker, who possesses a current CDL, is minimally qualified, without testing, for the Maintenance Worker 1 position. Minimum job qualifications means those qualifications reflected in the then current job description of the job classification. Section 18.2 Seniority Retention. Employees laid off due to force reduction will retain their established seniority for two (2) years. Seniority shall be considered broken if an employee is offered re- employment and refuses the same. Employees rehired before the two (2) years, will receive credit for sick leave accrued but not taken or cashed out at termination, upon being rehired. Employees rehired before the two (2) years will receive credit for sick leave accrued but not taken or cashed out at the time of layoff, upon being rehired. Prior service shall be counted for vacation purposes. Section 18.3 Employee Responsibility. Employees who have been laid off who wish to return to work shall keep the City’s Human Resources Office advised of their current address. Section 18.4 Transfers/Training/Break-in Period. When an employee is transferred to any position to which s/he has no previous experience, s/he shall be given a reasonable break-in period with an experienced person in that position. If an experienced employee is temporarily assigned to replace another employee, s/he shall be paid the amount for that classification or job assignment, but not less than the employee’s current rate of pay. The City shall have the right to assign individuals to cross-training, not to exceed six (6) months in duration. Probationary employees may be involved in a mandatory cross-training program which is in addition to the cross-training program addressed in this article. ARTICLE 19– Safety Section 19.1 Responsibilities. The City will provide safety measures and safety rules to minimize accidents and health hazards to the employees during the hours of their employment. The Union agrees to cooperate with the City to the end that the employees will use such safety equipment when so provided and observe such safety and health regulations as provided by the City. In addition, the Union agrees that the City will designate each operator to be responsible for inspecting the equipment he/she operates on a given day and will report to his/her supervisor any defects or needed maintenance. Section 19.2 First-Aid Training. The City and Union recognize the first-aid obligations imposed upon the employer and employee by WAC 296-800-150. At least annually the City will offer first-aid classes for employees on City time. Employees have an obligation to participate in first-aid courses to Page 242 of 268 25 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 maintain first-aid certification. However, this obligation can be fulfilled via voluntary completion of appropriate courses offered by other groups and institutions. Section 19.3 Equipment/Uniforms. The City, at its expense, will provide and make available, as needed, all necessary personal equipment to assure safety and to assist in the proper performance of designated work. Such basic equipment to be provided by the City includes, but is not limited to the following: Orange safety vests. Hard hats. First aid kits in each vehicle. Raincoats and pants. Overboots. Employees shall be responsible for the safe keeping of such equipment. Employees shall use this equipment in accordance with rules and regulations promulgated by the Department of Labor and Industries and confirmed by the City Manager. In addition, the City, at its expense, will furnish and the employee shall wear an appropriate uniform consisting of the following: 19.3.1 A City Hat. An employee shall wear no other hat, if wears a hat, while in the performance of his/her duties, except that a clean, plain, neutral color baseball style cap may be worn. Alternate headwear may be worn if approved by management. No logos of any kind shall be permitted other than the City logo. 19.3.2 Pants. Employee shall be required at a minimum to wear a clean pair of pants or blue jeans every two (2) working days. The City will provide clean uniform pants or blue jeans on an as needed basis. 19.3.3 Shirt. Employee shall be required to report to work wearing a clean shirt each day. Short or long sleeve shirts will be provided at the employee’s option. Employees shall be provided a compliment of eleven (11) shirts. Employees shall be responsible for laundering T-shirts or uniform shirts not covered under the laundry service provided by the City. 19.3.4 Coveralls. Two (2) pairs of coveralls per employee will be provided by the City. The City will provide clean coveralls on an as needed basis. Employees may have the option to select eleven (11) pairs of coveralls in lieu of all other clothing allotments. The City’s name, the department’s name, and the employee name shall appear on the employee’s shirt. The City’s name will appear on the employer provided hat. No logo or name shall appear on the employee provided hat, if any. The City will provide replacement articles as reasonable wear and tear dictates. Lost articles of clothing will be replaced at employee expense. 19.3.5 Safety Boot Allowance. The city shall provide a boot allowance for bargaining unit members for safety boots with a safety toe (steel or composite), that covers the ankle, no more than one pair each calendar year, the amount of one-hundred and seventy-five dollars ($175.00). The employee shall bear any excess costs for boots over one-hundred and seventy-five dollars ($175.00). The boots shall be for duty only and must be worn for hours worked. Page 243 of 268 26 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 ARTICLE 20 – Seniority Section 20.1 Continuous Service. Employees covered by this Agreement shall have their seniority determined by their total length of continuous service with the City (there is no departmental seniority). In cases where two (2) or more employees start to work on the same date, the date of application for employment shall establish the position on the seniority list. Section 20.2 No Accrual During Probation. A newly hired employee shall be considered a probationary employee for a period of twelve (12) calendar months, during which time he/she will acquire no seniority credit. However, upon successfully completing the probationary period, that person shall be considered a regular employee, and he/she shall have his/her seniority established as of his/her date of hire as a probationary full-time employee. New hires shall receive a performance review at the end of six (6) months. A probationary employee receiving a satisfactory six (6) month performance review shall be allowed to progress in the salary schedule. Probationary employees, including hew hires, are not eligible to bid on any job vacancies, including both promotional and lateral transfer opportunities, as part of an internal recruitment process unless they mee one or more of the following criteria: • The employee currently holds all required certifications, including a Class A CDL with a tanker endorsement, if applicable, for the position for which the employee is applying; or • The employee is able to obtain all required certifications, including a Class A CDL with a tanker endorsement, if applicable, for the position for which the employee is applying, within twelve (12) months of appointment; or • The employee possesses unique qualifications or work experience relevant to the position for which the employee is applying Probationary employees who do not meet the above criteria may apply for job vacancies as part of the external recruitment process and will not lose seniority if selected. During the first twelve (12) months of probation the City reserves the right to terminate the probationary employee with or without cause. Section 20.3 Transfers. City employees within the departments covered by this Agreement will be given first consideration for lateral transfers and promotions to higher classifications within the bargaining unit. If an examination is given to determine qualifications, the examination shall be based exclusively on the tasks to be performed for the position to be filled. If the qualifications of applicants are equal, seniority shall govern. All those meeting the minimum announced qualifications for the position in question will be permitted to compete in the selection process. The City acknowledges the value of having uniform examinations for each job classification and will test employees, where necessary, using only standardized examinations which apply to the job classification. Section 20.4 Posting of Job Openings. The posting of all job openings approved by the City Manager shall follow the creation of opening of vacancy and job vacancy shall be posted on the department and division bulletin boards for a period of at least five (5) working days. The City shall strive to fill such vacancies within thirty (30) days after the posting of such vacancy. Page 244 of 268 27 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 Section 20.5 Promotion/Demotion - Supervisory Position. In the event an employee covered under this Agreement is promoted into a supervisory position not covered by this Agreement, he/she will continue to earn seniority in the classification from which he/she was promoted for the first six (6) months in the supervisory position. After six (6) months, the employee will no longer earn seniority in the classification. In the event the employee is later demoted, he/she cannot use his/her seniority to bump the person then occupying his/her former position. ARTICLE 21 – Commercial Drivers License (CDL) Section 21.1 Reimbursement for Costs. The City shall reimburse employees for the following costs incurred by the employee to maintain his/her CDL and the endorsements required for his/her job duties. License testing fees. License fee, exclusive of regular basic driver’s license fee. The City shall arrange for and pay up front the cost of the required physical exam (that location designated by City), however, in the event the employee, after taking the physical exam, terminates their employment with the City prior to passing the necessary tests and paying the required testing and licensing fees to maintain their CDL, the cost of the physical may be deducted from the employee’s final pay check. Section 21.2 Maintenance Responsibility. The employees shall each be responsible to maintain their CDL with the endorsements necessary for their job duties on their own time. In the event the employee’s CDL becomes invalid, then said employee shall be responsible for all costs incurred to reinstate his/her CDL and required endorsements. Section 21.3 New Employees. Employees hired on the condition that they obtain a Class A CDL with a tanker endorsement, within a time certain, shall be reimbursed by the City for their out-of-pocket costs for the required physical exam, test and license fees to obtain the required CDL and endorsements, but only if they are successful in obtaining the CDL in a timely manner and pass their probationary period of employment. Section 21.4 Motor Vehicle Accidents. Employees shall inform their employer as required by law, of all motor vehicle accidents in which they are involved, any conviction for a criminal traffic offense, and shall sign a release authorizing the City to obtain a certified copy of their driving record from the Department of Licensing on at least an annual basis. Section 21.5 CDL Law Changes. If, during the period of this contract, the law substantially changes regarding CDL’s, this Article is open to re-negotiation at the request of either party. ARTICLE 22 – Smoking Restrictions The City may institute reasonable rules concerning the prohibition of smoking in confined areas where it may bother employees or citizens who do not smoke. ARTICLE 23 – Americans with Disabilities Act Notwithstanding any other provision of this Agreement, the employer may take all actions necessary to comply with the Americans with Disabilities Act. Page 245 of 268 28 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2022 – 12/31/2025 ARTICLE 24 – Substance-Free Workplace Administrative Order No. 65A, dated August 28, 1992, concerning a substance-free workplace, is incorporated herein by this reference. ARTICLE 25 – Implementation of Changes Upon Ratification Benefits of this contract (including any retroactive provisions) shall only apply to those members who are employed with the City on the effective date of the contract. ARTICLE 26 – Deferred Compensation The City will pay a three percent (3%) deferred compensation contribution (no match required) into a supplemental retirement savings program, selected by the city, to all IUOE members on a continuing basis, unless otherwise bargained. The City 457 deferred compensation plan is offered through ICMA RC, plan number 300890. This deferred compensation provision is subject to the City deferred compensation rules and regulations and IRS regulations. The computation of retirement contributions and pension benefits shall be governed by applicable state law. Dated at Pasco, Washington, this _______ day of ____________________ 2021. City of Pasco ______________________________ Dave Zabell, City Manager ATTEST: Debra Barham, City Clerk IUOE, Local #280 Steve Davidson, Asst. Business Manager Cory Stratton, President Josh Carter, Recording/Corresponding Secretary Jim Collins, Steward Jake Hickman, Steward ______________________________ ______________________________ Dean Pollick, Steward Josh Strebin, Steward Page 246 of 268 AGENDA REPORT FOR: City Council November 4, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 11/15/21 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: *Resolution - Acceptance of Work for Fire Station No. 84 and Fire Headquarters I. REFERENCE(S): Resolution-Construction of New Station No. 84 and Fire Administration Headquarters Schematic Design of Fire Stn 84 and Fire Administration Headquarters Video will be shown at meeting II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ____, accepting the work performed by Jackson Contractor Group, Inc. under contract for the City of Pasco's new Fire Station No. 84 and Fire Administration Headquarters. III. FISCAL IMPACT: Estimated project cost without Soft Costs $10,006,246 Initial Contract $6,919,800 Change Orders $119,257.01 Total cost with hard and soft costs included $9,368,123.24 This project was funded by a combination of bond funds from the 2019 bond sale and Real Estate Excise Taxes (REET). IV. HISTORY AND FACTS BRIEF: externally and infill with internally As grown, has City the through both annexations, the need to update existing fire stations and relocate current fire stations became evident through the Pasco Fire Department’s (PFD) Master and Strategic planning process. Page 247 of 268 Council approved a bond sale in 2019, payable by using banked capacity from previous years’ property tax levy rates to facilitate the needed updates (remodels) and the relocations of Fire Station No. 83 and Fire Station No.84 closer to the higher percentage of calls responded to by those stations. Fire Administration staff were leasing office space on the southeast section of the City, which required longer response times to most ar eas of the City. The Battalion Chiefs were stationed in Fire Station No. 81 on Oregon Ave, which also required longer response time throughout the City. With the new construction of Fire Station No. 84 and Fire Administration Building, personnel are centr ally located resulting in timelier response times to the majority of our response areas. An additional Vehicle Storage Building was constructed at the same time, and will centrally house backup apparatus and EMS supplies. V. DISCUSSION: Fire Station No. 84 was relocated from its current location, a temporary building and house, to the corner of 4920 Court street. The Riverview area of the City was long underserved from the three Fire Stations the City had in place. A temporary fire station was opened when the City acquired a small fire station from Franklin County Fire District No. 3 in an annexation asset transfer. An adjoining single family residence was purchased and remodeled to provide living quarters for the firefighters. The new station’s location change should have a positive impact on response times. The relocating of Fire Station No. 83 north of the Interstate was possible by the locating of Fire Station No. 84 in the Riverview area, which covers calls south of Wernett Road and as far east as 20th Avenue; this area was previously handled by the old Fire Station No. 83. Staff recommends approval of the proposed Resolution accepting the work performed by Jackson Contractor Group Inc for construction of Fire Station No. 84 and Fire Headquarters. Page 248 of 268 Resolution – PFD Station No. 84 Construction Acceptance - 1 RESOLUTION NO. ____ A RESOLUTION ACCEPTING WORK PERFORMED BY JACKSON CONTRACTOR GROUP, INC. UNDER CONTRACT FOR THE CITY OF PASCO’S NEW FIRE STATION NO. 84 AND FIRE ADMINISTRATION HEADQUARTERS. WHEREAS, the work performed by Jackson Contractor Group, under contract for the construction of the new Pasco Fire Station No. 84 has been examined by City of Pasco Fire Department and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is the Pasco Fire Department’s recommendation that the City of Pasco formally accept the contractor's work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with the Pasco Fire Department’s recommendation and thereby accepts the work performed by Jackson Contractor Group under contract for the Pasco Fire Department Fire Station No. 84 as being completed in apparent compliance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Pasco Fire Chief and Finance Director. 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 Attorneys Page 249 of 268 536 SFMULTI-PURPOSE133 SFOFFICE D133 SFOFFICE D133 SFOFFICE D131 SFOFFICE121 SFCAPTAIN86 SFBC WC199 SFBC SLEEP540 SFBC APP180 SFOFFICE B180 SFOFFICE B760 SFCOPY143 SFBC OFFICE226 SFCONFERENCE132 SFOFFICE61 SFWC57 SFWC169 SFRECEPTION100 SFMPR STORE62 SFWCELEC/ITRD 52 SITECOURT ST SITEFIRE STATION LAYOUT TO MATCH STATION 8397 SFVEST50' - 0"70' - 0"2/11/2019HEADQUARTERS STATION 84SCHEMATIC DESIGN (16,900 SF)Page 250 of 268 AGENDA REPORT FOR: City Council November 9, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 11/15/21 FROM: Rick White, Director Community & Economic Development SUBJECT: *Resolution - Setting a Public Meeting for Port of Pasco - Reimann Industrial Center Annexation (ANX 2021-006) I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Notice of Intent to Commence Annexation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ______, setting 7:00 PM, December 6, 2021, as the time and date for a public meeting to consider the Port of Pasco notice of intent to commence annexation proceedings for the Reimann Industrial Center annexation. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Port of Pasco, owners of property located between U.S. Highway 395 and the Burlington Northern Santa Fe (BNSF) Railroad Main Line, approximately one-half mile north of Foster Wells Road in the Southwest Quarter of Section 31, Township 10 North, Range 30 East, and in the Northeast Quarter of Section 6 Township 9 North Range 30 East, W.M., Pasco, Washington (Franklin County Assessor’s Parcel No. 24680039) have submitted a Notice of Intent to Commence Annexation. The Notice of Intent has been reviewed b y staff and has been determined to contain sufficient signatures to initiate the annexation process. Notices of Intent Page 251 of 268 are required to contain the signatures of property owners representing at least 10 percent of the assessed value of an area proposed for annexation. In this case, the Notice of Intent contains the signatures of owners representing approximately proposed the value assessed within of percent 45.34 the annexation area. Council was advised of this annexation at the Council Workshop of Nove mber 8, 2021, as this property will be the site for the Port of Pasco's Tax Increment Financing focus for the Darigold milk processing plant. V. DISCUSSION: The petition method of annexation is a two-step process requiring the submittal of a Notice of Intent to Commence Annexation proceedings followed at a later date by an actual annexation petition. Upon receipt of a Notice of Intent to Commence Annexation the Council is required by law to set a date to hold a public meeting to consider: 1. Whether the City will accept, reject, or geographically modify the proposed annexation; 2. Whether it will require the simultaneous adoption of a proposed zoning regulation; and 3. Whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed. The next available date for a public meeting is December 6, 2021. Following Council review of the proposed annexation and passage of a resolution generally accepting the boundary, staff will incorporate the Hearing Examiner's recommendation on the zoning and prepare the annexation petition. Once the petition is returned, it will be forwarded to the County Assessor for certification. Following that certification, a date will be set for a public hearing for Council to formally consider and decide upon the annexation request. Page 252 of 268 Resolution - Setting Public Meeting for ANX 2021-006 - 1 RESOLUTION NO. _____ A RESOLUTION SETTING 7:00 P.M. DECEMBER 6, 2021 AS THE TIME AND DATE FOR A PUBLIC MEETING TO CONSIDER THE PORT OF PASCO NOTICE OF INTENT TO COMMENCE ANNEXATION OF PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 10 NORTH, RANGE 30 EAST, W.M. 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 annex lands; and WHEREAS, pursuant to RCW 35A.14.120, prior to the City circulating a petition to annex, notice of intent to commence annexation must be made to the Pasco City Council by the owners of at least ten (10) percent of the assessed value of the property to be annexed; and WHEREAS, the Port of Pasco, owners of property in a portion of the Southwest Quarter of Section 31, Township 10 North, Range 30 East, W.M., have filed a Notice of Intent to Commence Annexation to the City of Pasco; and WHEREAS, pursuant to RCW 35A.14.120, the Notice of Intent to Commence Annexation contains the signatures of property owners representing at least ten (10) percent of the assessed value of an area proposed for annexation; and WHEREAS, upon receipt of a Notice of Intent to Commence Annexation, the Council is required by RCW 35A.14.120 to set a date to hold a meeting to consider: (1) whether the City will accept, reject, or geographically modify the proposed annexation; (2) whether it will require the contemporaneous adoption of a proposed zoning regulation; and (3) whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That a public meeting to consider a Notice of Intent to Commence Annexation of property located in the Southwest Quarter of Section 31, Township 10 North, Range 30 East, W.M, as described in Exhibit A and depicted in Exhibit B, attached hereto, will be held before the City Council of the City of Pasco, in the Council Chambers, at 525 North Third Avenue, Pasco, Washington, at the hour of 7:00 P.M. December 6, 2021. Page 253 of 268 Resolution - Setting Public Meeting for ANX 2021-006 - 2 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 254 of 268 RAI L R OADSANDIFUR CAPITOL4TH I N D U S T R I ALF OSTER WELLS CLARK GLADE N O RTH US 395US 395CITY LIMITS Urban Growth Boundary 124680040 124680039 113110017 Benton County WA, Pasco GIS, Maxar 0 2,000 4,000 6,000 8,0001,000 Feet 0 2,000 4,000 6,000 8,0001,000 Feet Overview Map Item: Reimann Industrial Center Annexation Applicant: Port of Pasco File #: ANX 2021-006/ZD 2021-006 Page 255 of 268 US 395US 395RAILROADCLARK GLADE NORTHCITY LIMITSUrban Growth BoundaryUrban Growth Boundary124680040 124680039 113110017 Benton County WA, Pasco GIS, Maxar 0 1,000 2,000 3,000 4,000500 Feet 0 1,000 2,000 3,000 4,000500 Feet Vicinity Map Item: Reimann Industrial Center Annexation Applicant: Port of Pasco File #: ANX 2021-006/ZD 2021-006 Page 256 of 268 NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 Council Members: The undersigned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit "A" attached hereto and is depicted on Exhibit "B" further attached hereto. It is requested that the City Council of the City of Pasco set a date not later than sixty days after the filing of this request for a meeting with the undersigned to determine: (1 ) Whether the City Council will accept the proposed annexation; and, (2)Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed; and, (3)Whether the City Council will require simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Page 257 of 268 EXHIBIT A LEGAL DESCRIPTION LOT 2A LOCATED IN THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 10 NORTH, RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 2, SHORT PLAT NO. 2002-07, ACCORDING TO THE SURVEY THEREOF RECORDED MARCH 25, 2002 UNDER AUDITOR'S FILE NO. 1603399, RECORDS OF FRANKLIN COUNTY, WASHINGTON, LYING IN THE NORTHWEST QUARTER OF SAID SECTION 31. CONTAINING 160.19 ACRES LEGAL DESCRIPTION LOT 2B LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 10 NORTH, RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 2, SHORT PLAT NO. 2002-07, ACCORDING TO THE SURVEY THEREOF RECORDED MARCH 25, 2002 UNDER AUDITOR'S FILE NO. 1603399, RECORDS OF FRANKLIN COUNTY, WASHINGTON, LYING IN THE SOUTHWEST QUARTER OF SAID SECTION 31. CONTAINING 137.62 ACRES �y..D. ¾-4 �+�_,., ol' WA.Sifi,,/-t'-1> � <I, " � ,. ,l �·" ..;i I>) •• .,__ ... <' -_oi & 0 .,:; � ,I> 46318 � A� <l',s,✓, �GlSTE�� · <:,'<.-O,vAL LA'II'() ':> 6/29/2021 ■PBS PBS Engineering and Environmental Inc. pbsusa.com LINE L1 L2 L3 L4 LS L6 L7 LB L9 L10 L11 L12 L13 L14 L15 L16 L17 DRAWN BY: ADM CHECKED BY: ADM LINE TABLE BEARING DISTANCE RECORD{R1) S21"12'15"W 252.38' 252.54 S30"54'08"W 147.72' 148.01 S39"48'24"W 183.44' 183.15 S49'03'31 "W 175.29' 175.60 ss2·33•02"w 195.83' 195.14 S64'47'23"W 216.80' 217.11 S76"40'56"W 225.47' 225.50 N41"37'35"E 149.75' 149.75' S48"49'30"E 195.43' 195.43' S41'34'33"W 338.50' 338.50' S10"59'26"E 154.74' 154.73' N88"29'59"E 347.61' 347.62' S70"56'37"E 90.27' 90.27' S10"54'14"E 298.17' 298.17' S42"11 '49"W 259.16' 259.16' S36"06'30"W 318.16' 318.16' S10"59'26"E 933.37' 933.37' SCALE: NIA DATE: 06/29/2021 PROJECT NO.: 66184.000 SHEET ...l_ OF ...l_ Page 258 of 268 \ \ \ N O· �I 3:· �I r 0 0 z I �PBS EXHIBIT A S89"56"59"W 2633.64' LOT2A 6,977,718 S.F. 160.19AC. NB9"23'17"E 2150.66' LOT2B 5,994,939 S.F. 137.62 AC. 6/29/2021 S88"49'22"W 2994.66' DRAWN BY: ADM SCALE: 1" = 600' "' O> O> 01 � 30 t><rE]· z 0 O> . :e 31 \ I \ \ I\---- 6 LO 0 I---:, OU roz <0-l wvo �::. '11,</d -'::. �8 �:i (Le '-._ '- DATE: 0612912021 PBS Engineering and Environmental Inc. pbsusa.com CHECKED BY: ADM PROJECT NO.: 66184.000 SHEET _L OF _..2._ Page 259 of 268 "Exhibit B" Item: Reimann Industrial Center Annexatio+Applicant: Port of Pasco w E File#: ANX 2021-006 s w��Adal'Y Annexation 1====ebAR�R0>==::::;.===== -;Z ''I � 0 ►.i-1 � .!J � ff rQ ® Page 260 of 268 Affidavit of Signature for Annexation Notice of Intent and Petition Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of ?6� 19 E' B-1·:Sl.t> and I am further authorized to sign other documents including Notices of Intent and Petitions. State of Washington County of hO.AA.A1 a ) ): ss. ) Date I certify that I know or have satisfactory evidence that QoS\� \\�&,(\ is the person who appeared before me, and said person acknowledged that (he/she) sigWed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the t:)(,QJt: )Jfu(e D;<e t' Thi of Tu Poe\: o\ R& o to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and official seal this ..23_ day of 0<?.{)�rng___, c:XQL "z6z6 Page 261 of 268 1.Please print your name in addition to signing. PRINT NAME SIGNATURE ADDRESS DATE po Go>< 7(.2 PA.sc:o v.1A: 2719• �/2'>/21 Page 262 of 268 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 263 of 268 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 264 of 268 • 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 265 of 268 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 266 of 268 • 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 267 of 268 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 268 of 268