agenda pasco city council remote workshop meeting 7:00 …

Remote Workshop Meeting

AGENDA

PASCO CITY COUNCIL

7:00 p.m.

November 9, 2020

Page

1. REMOTE WORKSHOP INSTRUCTIONS:

(a) The Pasco City Council Workshops are broadcast live on PSC-TV

Channel 191 on Charter/Spectrum Cable in Pasco and Richland and

streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook

page at www.facebook.com/cityofPasco.

Call-in information to GoToWebinar for "listen-only" mode is:

(213) 929-4212 and use access code 555-318-622.

2. CALL TO ORDER:

3. ROLL CALL:

(a) Pledge of Allegiance

4. VERBAL REPORTS FROM COUNCILMEMBERS:

5. ITEMS FOR DISCUSSION:

3 - 7 (a) Chiawana Park Riparian Shoreline Project

8 - 14 (b) Ordinance - Amend PMC 6.05.010 Definitions - Potentially Dangerous

Animal

(c) Introduction of Proposed 2021-2022 Biennial Operating Budget

15 - 40 (d) Fireworks Display Discussion

41 - 47 (e) Introduce Resolution - Second Amendment to Interlocal Agreement for

Tourism Promotion Area

48 - 68 (f) Introduce Resolution - WA ST Department of Natural Resources

Easement for Columbia East Force Main

6. MISCELLANEOUS COUNCIL DISCUSSION:

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http://www.pasco-wa.gov/psctvlive

https://www.facebook.com/CityofPasco/

Remote Workshop Meeting November 9, 2020

7. EXECUTIVE SESSION:

8. ADJOURNMENT:

(a)

REMINDERS:

• Thursday, November 12, 7:00 PM: Ben Franklin Transit Board

Meeting – Virtual Meeting (COUNCILMEMBER RUBEN

ALVARADO, Rep.; COUNCILMEMBER ZAHRA ROACH, Alt.)

This meeting is broadcast live on PSC-TV Channel 191 on

Charter/Spectrum Cable in Pasco and Richland and streamed at

www.pasco-wa.gov/psctvlive.

Audio equipment available for the hearing impaired; contact the Clerk for

assistance.

Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.)

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http://www.pasco-wa.gov/psctvlive

AGENDA REPORT FOR: City Council October 26, 2020

TO: Dave Zabell, City Manager Remote Workshop Meeting: 11/9/20

FROM: Zach Ratkai, Director Administrative & Community Services

SUBJECT: Chiawana Park Riparian Shoreline Project

I. REFERENCE(S):

Powerpoint Presentation Draft Memorandum of Understanding

II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:

Discussion

III. FISCAL IMPACT:

No direct fiscal Identified, some minor ongoing maintenance efforts will be required.

IV. HISTORY AND FACTS BRIEF:

Futurewise and Mid-Columbia Fisheries Enhancement Group (MCFEG) received funding from the Rose Foundation Columbia River Fund to conduct targeted outreach that will help control urban stormwater runoff and prevent pollution from reaching the Columbia River through low-impact development practices. These efforts will be furthered through development of a riparian demonstration project. Public education on the project and its benefits would be accomplished through direct mailings to nearby property owners, social media, virtual open houses and events. Futurewise and the City will work with community partners to implement the project. In early 2020, Futurewise and MCFEG approached the City of Pasco about co-locating a project on park land adjacent to the Columbia River. Chiawana Park was chosen as a preferred location and a subsequent on-site meeting was held on site in early March with attendees from Futurewise, MCFEG, the City of Pasco, the U.S. Army Corps of Engineers (USACE), and tribal representatives to explore the issue further.

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V. DISCUSSION: The City of Pasco is responsible for maintenance and operations of Chiawana Park, but is a lessee of the land, which is owned by the USACE. Under the terms of the proposed agreement, the delegation of roles and responsibilities for each party is as follows: Futurewise and MCFEG will:

1. Provide funding from the Rose Foundation to purchase materials and cover the costs of the permit fees.

2. Coordinate with community partners on the project design and implementation, including the USACE, WDFW, local tribes, and other community stakeholders.

3. Purchase supplies and plants, install plants and fencing and develop educational materials, recruit and coordination with volunteers in support of the project.

4. Provide Spanish language educational materials and translation services. 5. Prepare the USACE permit application for the City of Pasco to submit to the

USACE. 6. Send a postcard to residents adjacent to the park informing them about the

project and the benefits of backyard buffers and riparian habitat. 7. Notify nearby schools of the project and educational opportunities for guided,

or self-directed, field trips. 8. Host a one-day “Good Buffers Make Good Neighbors” event in the park on or

near the time of plating to showcase the project and the importance of riparian restoration efforts.

The City will:

1. Submit the application to the USACE on behalf of the project. 2. Advise and approve the written communications to the surrounding

neighborhood and any marketing materials about community events. 3. Allow access to the park for planning and planting of the riparian

demonstration site and a community event. 4. Work with Futurewise to develop a maintenance plan including, irrigation of

the site and training staff on plant maintenance to help ensure success of project.

Staff concurs that Chiawana Park provides an appropriate venue for the demonstration project, allows for a cooperative opportunity with regional organizations, and will promote more events and opportunities for educational partnerships hosted on park lands. The proposed Memorandum of Understand (MOU) memorializes role andresponsibilities for the project's lifecycle. Staff recommends approval.

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Memorandum of Understanding between

The City of Pasco and Futurewise

THIS MEMORANDUMOF UNDERSTANDING (MOU) is entered into this 16th day of November 2020 by and between Futurewise, and the City of Pasco (the City). This MOU will identify the roles and responsibilities for the Pasco Riparian Demonstration Project on property known as Chiawana Park.

WHEREAS, Futurewise and Mid-Columbia Fisheries Enhancement Group (MCFEG) received funding from the Rose Foundation Columbia River Fund to conduct targeted outreach that will help control urban stormwater runoff and prevent pollution from reaching the Columbia River.

WHEREAS, Futurewise staff and representatives from community stakeholders including MCFEG, the City, the United States Army Corps of Engineers (USACE), Washington State Department of Fish and Wildlife (WDFW), and Confederated Tribes of the Umatilla Indian Reservation (CTUIR), identified an ideal project location within Chiawana park. This location was selected due the community visibility, access to the shoreline, ability to maintain long-term, and the proximity to a residential neighborhood.

WHEREAS, MCFEG has expertise and experience with similar restoration and

community education projects in the Yakima River Basin and is extending outreach to the lower Yakima and it’s confluence with Columbia river including the Army Corp of Engineers sponsored Yakima River Delta 1135 Environmental Restoration Project directly across from the Chiawana Park project area.

WHEREAS, Futurewise’s Tri-Cities program promotes and encourage policies and

practices that minimize the impact of development on natural resources including; stormwater pollution prevention and other resource conservation practices.

WHEREAS, USACE is advising the project on the role of the federal government

for their Columbia River shoreline management program that provides recreation opportunities, while protecting fish and wildlife habitat, cultural resources, and the natural environment.

WHEREAS, The City of Pasco is the lessee of the Chiawana Park property and

necessary federal permit applications for the planting project must come from the lessee. WHEREAS, The Confederated Tribes of the Umatilla Indian Reservation (CTUIR)

is advising the project team on the historical and cultural significance of the native, riparian plants and tribal treaty rights.

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WHEREAS, the project outlined within this Memorandum of Understanding, including the roles and responsibilities of each party as outlined in Exhibit A (attached hereto) will have a term of two (2) years beginning from date of execution of this MOU, and

WHEREAS, either party can terminate this agreement with expressed, written notice given no more than thirty (30) days in advance.

Signed this ______ day of November 2020.

CITY OF PASCO: MID-COLUMBIA FISHERIES: ___________________________ __________________________ N. Zach Ratkai, Administrative & Community Services Director

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EXHIBIT A

Roles and Responsibilities

Futurewise will:

1. Provide funding from the Rose Foundation to purchase materials and cover the costs of the permit fees.

2. Coordinate with community partners on the project design and implementation, including the USACE, WDFW, local tribes, and other community stakeholders.

3. Purchase supplies and plants, install plants and fencing and develop educational materials, recruit and coordination with volunteers in support of the project.

4. Provide Spanish language educational materials and translation services. 5. Prepare the USACE permit application for the City of Pasco to submit to the

USACE. 6. Send a postcard to residents adjacent to the park informing them about the project

and the benefits of backyard buffers and riparian habitat. 7. Notify nearby schools of the project and educational opportunities for guided, or

self-directed, field trips. 8. Host a one-day “Good Buffers Make Good Neighbors” event in the park on or near

the time of plating to showcase the project and the importance of riparian restoration efforts.

The City will:

1. Submit the application to the Army Corp of Engineers on behalf of the project. 2. The City will advise and sign-off on the written communications to the surrounding

neighborhood and any marketing materials about community events. 3. Allow access to the park for planning and planting of the riparian demonstration

site and a community event. 4. Work with Futurewise to develop a maintenance plan including, irrigation of the

site and training staff on plant maintenance to help ensure success of project.

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SUBJECT: Ordinance - Amend PMC 6.05.010 Definitions - Potentially Dangerous Animal

I. REFERENCE(S):

Draft Ordinance


Discussion

III. FISCAL IMPACT:

None Identified


Through a community effort, as well as discussion and direction provided by City Council at their most recent retreat, Council has instructed staff to facilitate a process by which Council may consider the retention, amendment, or removal of references to specific dog breeds currently listed within Section 6.05.010 of the Pasco Municipal Code (PMC). Most recently, Council enacted a minor revision to the aforementioned PMC sections as a matter of consistency to the Revised Code of Washington (RCW) on November 25, 2019. In short, aforementioned amendment provided an additional alternative means by which pet owners of potentially dangerous breeds can test their animals in order to meet eligibility requirements for licensing and residency within the City limits. While this action was to ensure compliance with the associated RCW, Council opened up the floor for comments from the community in attendance at the aforementioned meeting. The majority of those members of the public speaking to the issue that evening alluded to a preference to remove all breed specific references within the PMC. State imposed COVID-19 pandemic limitations on public meetings to items

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"necessary and routine" precluded discussion of this topic previously. Once this limitation was relaxed, subsequent conversation by Council at their goal setting retreat, which for the same reason had been delayed until September, indicated a desire to take up the issue of breed specific language in Title 6 prior to the end of the year.

V. DISCUSSION:

Breed specific laws, particularly with respect to pit-bulls is a nationally discussed issue. Further, there have been some recent policy changes in other cities in the region which has led the desire of some community members that Pasco also reconsider the matter. Currently, the PMC lists specific breeds as being potentially dangerous, but allows said breeds to be possessed by Pasco residents if they are able to pass a "Canine Good Citizen" test through the American Kennel Club (AKC) or equivalent organization. Passage of this test is valid for two (2) years as stipulated within Sec. 6.05.330(6) of the PMC. As written, this section allows for potentially dangerous dogs to reside in Pasco, with an added measure of accountability for good behavior leading to a reduction in dangerous dog bites, or severe veterinary and medical incidents to other people or animals. Community members opposed to this section of the PMC have expressed concern that while not an outright ban on potentially dangerous breeds, the provisions create an excessive burden upon the owners of these animals through additional process and cost, as well as potentially hinder adoptions of certain breeds, thus contributing to over-population or long-term residency of certain dogs in public animal shelters. To initiate the policy discussion, staff has prepared for Council's consideration an amended ordinance which removes language specifying individual dog breeds within the definition of "Potentially Dangerous Animals" more specifically referenced within Sec. 6.05.010 Definition of Terms. The amendment retains provisions pertaining to the enforcement for potentially dangerous animals and associated penalties. The amendment is focused on the removal of any reference to specific breeds within the ordinance:

Sec. 6.05.010 Definition of Terms “Potentially dangerous animal” means any animal that when unprovoked: (a)

inflicts injury on a human or a domestic animal or livestock, or (b) chases or approaches a person upon the streets, sidewalks, any public grounds, or upon private property other than that of the animal’s owner, in a menacing fashion or

apparent attitude of attack, or (c) has a known propensity, tendency, or disposition to attack, or to cause injury or otherwise to threaten the safety of humans or domestic animals, or (d) is a Pit Bull Terrier, which means any American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog that contains as an element of its breeding the breed of American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier so as to be identifiable as partially of the breed American Pit Bull Terrier,

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Staffordshire Bull Terrier, or American Staffordshire Terrier. There is a long history surrounding the appropriateness of breed specific language which has been considered multiple times by the Pasco City Council, resulting in the language being retained. While the existence of breed specific language is clearly controversial among the community members providing input to the City Council last November and correspondence since, there likely are community members relying on the continuation of the language. During the most recent City Council discussion on this issue, some members were clear that they are ready to consider the code amendment presently. Staff would appreciate clear direction from the full Council as to any additional considerations relating to public notification or involvement the Council desires as part of their consideration of this matter, or information Council would like to have made available to them for reference.

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Ordinance – Amend PMC 6.05.010 - 1

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,

AMENDING PASCO MUNICIPAL CODE SECTION 6.05.010

“DEFINITION OF TERMS”

WHEREAS, with a review of the provisions of the Animal Control Sections of the Pasco

Municipal Code, including consideration of the provisions of the newly enacted RCW 16.08.110,

it is appropriate to amend and update certain sections of Chapter 6.05 PMC. NOW, THEREFORE,

THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN

AS FOLLOWS:

Section 1. That Section 6.05.010, entitled “Definition terms” of the Pasco Municipal

Code, shall be and hereby is amended to read as follows:

6.05.010 Definition of terms.

As used in this chapter, unless the context indicates otherwise:

“Abandon” means the knowing or reckless desertion of an animal by its owner or the causing of

the animal to be deserted by its owner, in any place, without making provisions for the animal’s

adequate care. An animal left without adequate care for three or more days shall be prima facie

evidence that the animal has been abandoned.

“Animal” includes, but is not limited to dogs and cats.

“Animal Control Authority” means the joint power authority formed by interlocal agreement of

the cities of Richland, Pasco and Kennewick, to implement and provide animal control and

sheltering services within the respective cities.

“Animal Control Officer” refers to that person employed by or under contract to the Animal

Control Authority to enforce the provisions of this title.

“At Heel” means that the dog is positioned and controlled in such a manner so as to remain within

a distance of two feet from its owner or other competent person having charge of such dog.

“At large” means off the premises of the owner or upon the public streets, alleys, public grounds,

school grounds or parks within the City. A dog shall not be deemed at large if:

(a) It is attached to a leash or chain of sufficient strength to restrain the dog and not

more than eight feet in length, when said leash or chain is held by a person competent to

restrain and control the dog off the owner’s premises;

(b) It is properly restrained within a motor vehicle or housed in a veterinary hospital;

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(c) It is accompanied by and at heel beside the owner or a competent responsible

person;

(d) The dog or dogs are left unattended on the owner’s premises, and it or they shall be

so confined, tied or restrained as to be unable to range beyond the owner’s premises.

“Cat” means and includes female, spayed female, male and neutered male cats.

“Commercial kennel” means any lot, premises, building or structure where four or more dogs or

four or more cats over six months of age are kept.

“Competent person” means any person who, by reason of age, physical ability, and training, is

capable of maintaining control of an animal to the extent required by this chapter.

“Dangerous animal” means any animal that (a) has inflicted severe injury on a human being

without provocation, (b) has killed a domestic or livestock animal without provocation, or (c) has

been previously found to be potentially dangerous, the owner having received notice of such and

the animal again aggressively bites, attacks, or endangers the safety of humans or domestic

animals.

“Dog” means and includes female, spayed female, male and neutered male dogs. For the purpose

hereof, "dog" means a domesticated member of the family canidae, specifically species Canus

lupus familiaris, and excludes nondomesticated members of the family canidae and any hybrids

thereof, including but not limited to wolves, coyotes, wolf-dog hybrids, and coyote-dog hybrids.

“Domestic animal” means a tame animal in the house or home, or on the property, living with or

used by people for companionship, work, and/or a food source.

“Health Officer” includes any person designated as such by the Benton-Franklin district health

office, or any other person designated as such by the City Council.

“Livestock” includes, but is not limited to, horses, mules, cattle, sheep, swine, goats and fowl kept

or raised on a farm, ranch, or other spread of land, which are raised for home use, profit, or hobby.

“Owner” means any person, firm, corporation, organization, or department possessing, harboring,

keeping, having an interest in, or having control or custody of an animal for three consecutive days

or more. An animal is deemed to be harbored if it is fed or sheltered for three consecutive days or

more and knowingly permitted to remain on the premises occupied by that person. If the owner of

the animal is a juvenile, a parent or other custodian of such juvenile shall for the purposes of this

chapter be treated as the owner of the animal.

“Person” includes any person, firm, organization, partnership, corporation, trust or association of

persons.

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“Potentially dangerous animal” means any animal that when unprovoked: (a) inflicts injury on a

human or a domestic animal or livestock, or (b) chases or approaches a person upon the streets,

sidewalks, any public grounds, or upon private property other than that of the animal’s owner, in

a menacing fashion or apparent attitude of attack, or (c) has a known propensity, tendency, or

disposition to attack, or to cause injury or otherwise to threaten the safety of humans or domestic

animals. , or (d) is a Pit Bull Terrier, which means any American Pit Bull Terrier, Staffordshire

Bull Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog that contains

as an element of its breeding the breed of American Pit Bull Terrier, Staffordshire Bull Terrier, or

American Staffordshire Terrier so as to be identifiable as partially of the breed American Pit Bull

Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier.

“Poundmaster” means the chief officer appointed by the Animal Control Authority for the

enforcement of animal control laws and regulations. The Poundmaster may include or employ

Animal Control Officer(s) and/or a Chief Animal Control Officer.

“Proper enclosure” means, while on the owner’s property, a dangerous or potentially dangerous

animal shall be securely confined indoors or in an outside enclosed and locked pen or structure,

resistant to tunneling, suitable to prevent the entry of young children and designed to prevent the

animal from escaping. Such pen or structure shall have secure sides not less than five feet high and

a secure top, and shall provide protection from the elements for the animal. The requirement for a

secure top on the enclosure may be waived by the Poundmaster upon showing that it is

unnecessary. This section shall not apply to guard dogs or watchdogs utilized to secure premises

enclosed by a fence or wall, not less than five feet high and resistant to tunneling, located within

an industrial or commercial zone, and engaged in a commercial business.

“Severe injury” means any physical injury that results in death, broken bones or disfiguring

lacerations requiring one or more sutures or cosmetic surgery.

“Veterinary hospital” means a public establishment regularly maintained and operated by a

licensed veterinarian for the diagnosis and treatment of disease and injuries of animals.

“Welfare check” means tending to the well-being of an animal.

Whenever a type or breed of animal is described in this chapter, it includes any hybrid, crossbreed

or mixed breed of such animal to any degree that the type or breed can be identified by either the

animal’s appearance, behavior or pedigree.

Whenever a power is granted to, or a duty is imposed upon, the Poundmaster or Chief Animal

Control Officer or other public officer, the power may be exercised or the duty performed by an

agent of the officer or by any person duly authorized unless this chapter expressly provides

otherwise.

All other words and phrases used in this chapter will have their commonly accepted meanings.

[Ord. 4475, 2019; Ord. 3870, 2008; Ord. 3756 § 1, 2006; Ord. 3723 § 1, 2005; Ord. 3714 § 1,

2005; Ord. 3326 § 1, 1998; Code 1970 § 8.02.010.]

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Section 2. This Ordinance shall take effect and be in force five days from and after its

passage, approval and publication as provided by law.

PASSED by the City Council of the City of Pasco, Washington, and approved as provided

by law this ____ day of _______________, 2020.

_____________________________

Saul Martinez, Mayor

ATTEST: APPROVED AS TO FORM:

______________________________ ____________________________________

Debra Barham, CMC Kerr Ferguson Law, PLLC

City Clerk City Attorney

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SUBJECT: Fireworks Display Discussion

I. REFERENCE(S):

Governor Inslee's Safe Start Washington Fireworks Show Contract


Discussion

III. FISCAL IMPACT:

Option 1 - Hold the Fireworks show on December 31 = Spend amount budgeted in 2020 ($40,200 including traffic control and advertising) Option 2 - Postpone the Packaged 2020 Fireworks Show to 2021 = Forfeit $7,000 deposit, apply the remaining $33,200 of 2020 budgeted expense for this event to the $40,200 total cost for 2021.


The Grand Old 4th of July Fireworks Show usually takes place at GESA Stadium at 10:00 PM after a day filled with other events. The show draws 1,500 - 3,000 people inside the stadium and then another approximately 5,000 people in the surrounding fields and parking lots, including the T-CYSA soccer fields, the Pasco Sporting Complex softball fields, GESA Stadium and HAPO Center parking lots. Due to COVID-19 restrictions, Pasco's Grand Old 4th of July 2020 Celebration was significantly modified, including the postponement of the contracted fireworks show with Western Display Fireworks. At the time the event was postponed, little was known about the future in regards to COVID-19 and how long gathering restrictions would be in place. The hope was that the effects of the pandemic would subside,

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restrictions would be lifted, and the show could be held in a somewhat normal fashion later in 2020. Currently, Franklin County is in Phase 2 of Safe Start Washington reopening plan, which still has many of the same gathering restrictions the City had last summer. No large gatherings are permitted; social distancing and mask recommendations are still in place. Forms of gatherings permitted include drive-in style entertainment events, such as the Drive-In Movies and the Water Follies Drive-In Air show. Under these guidelines, attendees must remain in their vehicles, except for a direct trip to and from the restroom.

V. DISCUSSION:

Staff has identified the following options for a fireworks display: Option 1 - Hold the Fireworks show on December 31.

• Follow Drive-in event guidelines • Show prepped and packaged, ready for transport • Analysis would need to be done to choose best location for shoot and viewing • Venue would need to accommodate large number of cars • Winter weather (rain, fog, snow, freezing temps) may affect the ability to shoot

and view the show • Viewers would need to be in their vehicles 30 minutes to 1 1/2 hrs including

waiting for, watching and exiting the show • Cost of $40,200 (including traffic control/Advertising) - Budgeted in 2020

Option 2 - Postpone the Packaged 2020 Fireworks Show to 2021

• Forfeit $7,000 deposit • Amend vendor contract for a 2021 July 4 event.

Because of the limitations and uncertainties of of Option 1, related to the pandemic and nature, staff is of the opinion that the value of such a display would be quite limited. Accordingly, staff recommends Option 2, postpone the packaged 2020 show to July 4 of 2021, forfeit the $7,000 deposit from 2020, and pay the $28,000 for the show in 2021 ($40,200 including traffic control & advertising). Given the discussions earlier centered around the July 4 event and the fact a fireworks display of this magnitude is indicative of a major city-sponsored community event, staff is seeking consensus from Council on how to proceed.

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Safe StartWashington

A Phased Approach to Recovery

ISSUED BY THE OFFICE OF THE GOVERNOR | MAY 4, 2020

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1 S A F E S TA R T WA S H I N G T O N : A P H A S E D A P P R OAC H T O R E CO V E R Y

Safe Start Washington Governor Jay InsleeGovernor Jay Inslee, in collaboration with the Washington State Department of Health, has established a data-driven approach to reopen Washington and modify physical distancing measures while minimizing the health impacts of COVID-19.

This approach reduces the risk of COVID-19 to Washington’s most vulnerable populations and preserves capacity in our health care system, while safely opening up businesses and resuming gatherings, travel, shopping, and recreation. The plan involves assessing COVID-19 activity in the state along with health care system readiness, testing capacity and availability, case and contact investigations, and ability to protect high-risk populations.

LOW RISK HIGH RISK

COVID-19 Disease Activity

COVID-19 DISEASE ACTIVITYBefore reopening Washington and modifying physical distancing measures, COVID-19 disease burden must be low and decreasing as measured by:

• Number and trend of COVID-19 cases, hospitalizations and deaths in Washington State• Modeling data, including Institute for Disease Modeling on Puget Sound area rates of COVID-19 spread,

University of Washington Institute for Health Metrics and Evaluation modeling, and Youyang Gu modeling• Mobility trends in Washington State, including WSDOT traffic data and Google Mobility Data

READINESS AND CAPABILITIES NEEDEDThe Department of Health and local public health officials will monitor data to assess our state’s readiness for safely reopening and modifying physical distancing measures. In addition to a low and decreasing disease burden, readiness must be achieved in four key areas to proceed from where we are now in the “Stay Home, Stay Healthy” order (Phase I) to Phase II, III and IV of the plan. The four key areas include healthcare system readiness, testing capacity and availability, case and contact investigations, and ability to protect high-risk populations. The overall goals for each area, along with the pertinent data that will be considered, are detailed below. of 68

https://www.doh.wa.gov/Emergencies/Coronavirus

https://coronavirus.wa.gov/sites/default/files/2020-04/DSHSLongTermCareGraph.pdf

https://covid19.healthdata.org/united-states-of-america

https://covid19-projections.com/us-wa

https://www.wsdot.wa.gov/about/covid-19-transportation-report/

https://www.google.com/covid19/mobility/


1. Health Care System ReadinessAdequate bed capacity, staffing and supplies in the health care system to handle a surge in COVID-19 cases, measured by:

• Number and percentage of licensed beds and ICU beds available in hospitals• Number of available ventilators • Days of personal protective equipment (PPE) supply available at hospitals, long-term care facilities,

and other health care settings• Ability of the state to fill high priority PPE requests from local emergency management agencies• Ability of hospitals and other health care facilities to surge and coordinate movement of patients

2. Testing Capacity and AvailabilityAbility for everyone with COVID-19 symptoms and those with high-risk exposures to be tested immediately using a polymerase chain reaction (PCR) test and rapidly receive test results as measured by:

• Geographic distribution of testing sites and ability to serve the entire population• Number and capacity of laboratories in Washington performing COVID-19 testing• Availability of sufficient swabs, viral transport media, lab reagents, and other materials required for

COVID-19 testing• Number of tests performed per day

3. Case and Contact InvestigationsAbility to rapidly isolate those with COVID-19, identify and quarantine their contacts, and provide case management services as measured by:

• Number of investigators trained and working • Plans for case management• Availability of isolation and quarantine facilities in local jurisdictions • Percent of cases investigated within 24 hours of receipt of positive test report • Percent of contact investigations initiated within 48 hours of receipt of positive test report

LOW RISK HIGH RISK

Health Care System Readiness

LOW RISK HIGH RISK

Testing Capacity and Availability

LOW RISK HIGH RISK

Case and Contact Investigations

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https://coronavirus.wa.gov/sites/default/files/2020-04/HospitalCapacity.pdf

https://coronavirus.wa.gov/sites/default/files/2020-04/DES-PPE-Summary_1.pdf

https://coronavirus.wa.gov/sites/default/files/2020-04/LabsTestingCapacity.pdf


https://coronavirus.wa.gov/sites/default/files/2020-04/ContactTracing-CaseInvestigation.pdf

https://coronavirus.wa.gov/sites/default/files/2020-04/IsolationandQuarantineBrief.pdf

https://coronavirus.wa.gov/sites/default/files/2020-04/TimelinessInvestigation24hr.pdf


4. Ability to Protect High-Risk PopulationsAbility to immediately respond to outbreaks in congregate settings, such as long-term care facilities, behavioral health facilities, agricultural worker housing, homeless shelters and correctional facilities, and address the needs of other high-risk populations, including the elderly and the medically frail, measured by:

• Number of outbreaks in long-term care facilities • Demographic data, including race/ethnicity data, on COVID-19 cases, hospitalizations and deaths• Ability of local or state strike teams with adequate PPE to respond to an outbreak within 24 hours

ALL INDIVIDUALS AND BUSINESSESUntil there is an effective vaccine, effective treatment or herd immunity, it is crucial to maintain some level of community interventions to suppress the spread of COVID-19 throughout all phases of recovery. This includes heightened protections for the health and safety of workers in essential sectors, people living and working in high-risk facilities (e.g., senior care facilities) and all other workers.

All Washingtonians have a responsibility to protect themselves and others. Each phase, while allowing for additional services to open and return to full capacity, is grounded in the following required basic practices:

Guidance for IndividualsAll phases – Individuals should continue to:

• Engage in physical distancing, staying at least six feet away from other people• Wear cloth face coverings in public places when not eating or drinking (cloth face coverings should not

be placed on children younger than 2 years of age, anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the cover without assistance)

• Stay home if sick• Avoid others who are sick• Wash hands frequently with soap and water (use hand sanitizer if soap and water are not available)• Cover coughs and sneezes• Avoid touching eyes, nose and mouth with unwashed hands• Disinfect surfaces and objects regularly

LOW RISK HIGH RISK

Risk to Vulnerable Populations

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https://coronavirus.wa.gov/sites/default/files/2020-04/DSHSLongTermCareGraph.pdf



Requirements for All Employers All phases – Employers are required to:

• Maintain the six-foot physical distancing requirements for employees and patrons. Adopt other prevention measures such as barriers to block sneezes and coughs when physical distancing is not possible for a particular job task.

• Provide services while limiting close interactions with patrons. • Provide adequate sanitation and personal hygiene for workers, vendors and patrons. Ensure employees

have access to hand washing facilities so they can wash their hands frequently with soap and running water.

• Ensure frequent cleaning and disinfection of the business, particularly of high-touch surfaces.• Identify personal protective equipment (PPE) and cloth facial coverings in accordance with L&I

requirements on facial coverings and industry specific COVID-19 standards. Provide the necessary PPE and supplies to employees.

• Identify strategies for addressing ill employees, which should include requiring COVID-19 positive employees to stay at home while infectious, and potentially restricting employees who were directly exposed to the COVID-19 positive employee. Follow CDC cleaning guidelines to deep clean after reports of an employee with suspected or confirmed COVID-19 illness. This may involve the closure of the business until the location can be properly disinfected.

• Educate employees about COVID-19 in a language they best understand. The education should include the signs, symptoms and risk factors associated with COVID-19 and how to prevent its spread.

• On a case-by-case basis, as directed by federal, state and local public health and workplace safety officials, implement other practices appropriate for specific types of businesses, such as screening of employees for illness and exposures upon work entry, requiring non-cash transactions, etc.

• Follow requirements in Governor Inslee’s Proclamation 20-46 High-Risk Employees – Workers’ Rights.• Keep a safe and healthy facility in accordance with state and federal law, and comply with COVID-19

worksite-specific safety practices, as outlined in Governor Inslee’s “Stay Home, Stay Healthy” Proclamation 20-25, and in accordance with the Washington State Department of Labor & Industries General Coronavirus Prevention Under Stay Home, Stay Healthy Order and the Washington State Department of Health Workplace and Employer Resources & Recommendations.

• Challenge Seattle and the Washington Roundtable have developed a business checklist which is a great starting point for businesses as they prepare for a Safe Start. Our shared goal is to establish clear requirements that everyone can understand and apply — employers, workers and customers.

Businesses are also expected to implement any additional requirements developed specifically for their industry, such as those that have been established for construction.

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https://www.governor.wa.gov/sites/default/files/proclamations/20-46%20-%20COVID-19%20High%20Risk%20Employees.pdf

https://lni.wa.gov/forms-publications/F414-164-000.pdf

https://lni.wa.gov/forms-publications/F414-164-000.pdf

https://www.doh.wa.gov/Coronavirus/workplace

https://www.governor.wa.gov/sites/default/files/BCG%20-%20Planning%20for%20a%20New%20Normal%20%28Summary%20%26%20Checklists%29%2004_27.pdf


PHASED APPROACH TO REOPENING WASHINGTON AND MODIFYING PHYSICAL DISTANCING MEASURESPhase I of reopening Washington begins on May 5, 2020. When COVID-19 disease burden is low and decreasing and the four above capabilities are met, the Governor will issue an order for the state to move into future phases. The state will stay in every phase for a minimum of three weeks. During that time, the Department of Health and the Governor will re-evaluate the above indicators and determine if the state should remain in the current phase, advance to the next phase or return to the previous phase. No phase will last less than three weeks before moving to the next phase, in order to allow one complete disease incubation period plus an additional week to compile complete data and confirm trends.

The following table shows the phased approach for reopening businesses and resuming activities not authorized under Proclamation 20-25. This phased approach may be adjusted as the pandemic evolves. The industries listed are not an exclusive or exhaustive list of industries. Businesses listed in each phase of the plan will have industry-specific guidance and safety criteria developed to ensure workplace safety and public health are maintained. Those business activities are not authorized to open until the industry-specific guidance and safety criteria are issued.

A number of different factors were considered when deciding which activities could be resumed and which businesses could be reopened in various phases. These factors included:

• Risk of disease spread during the individual or business activity• Number of people who could potentially be infected during the individual or business activity• Economic benefits to opening the business• Individual benefits to opening the business

Additional plans for a phased approach to restarting health care and educational activities are under development.

Families are adjusting to a new way of life, and we understand the impacts this is having on them. The connection between education, childcare, youth sports, summer programs and extracurricular activities is critical and must be viewed from a holistic lens to ensure equity and high quality of life. As we prepare for what the reopening of school looks like, we will be working closely with the Department of Health, Office of the Superintendent for Public Instruction, Department of Children, Youth and Families, and parents to release plans in the future.

While childcare is currently an essential business activity and a key component to the reopening plan, we know there is more to do. The state will continue efforts to ensure adequate access and affordability for families.

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* High-risk populations are currently de�ned by CDC as: persons 65 years of age and older; people of all ages with underlying medical conditions (particularly not well controlled), including people with chronic lung disease or moderate to severe asthma, people who have serious heart conditions, people who are immunocompromised, people with severe obesity, people with diabetes, people with chronic kidney disease undergoing dialysis, and people with liver disease; people who live in a nursing home or long-term care facility.

Phase 1 Phase 2 Phase 3 Phase 4

WASHINGTON’S PHASED APPROACHModifying Physical Distancing Measures as we Reopen the State

High-RiskPopulations*

Recreation

Travel

Business/Employers

Gatherings(social, spiritual)

Continue to Stay Home, Stay Healthy

Some outdoor recreation (hunting, �shing, golf, boating, hiking)

- None- Drive-in spiritual service with one household per vehicle

Essential travel and limited non-essential travel for Phase I permissible activities

Essential travel and limited non-essential travel for Phase I & II permissible activities Resume non-essential travel Continue non-essential travel

Gather with no more than 5 people outside your household per week

Allow gatherings with no more than50 people Allow gatherings with >50 people

Outdoor recreation involving 5 or fewer people outside your household (camping, beaches, etc.)

- Outdoor group rec. sports activities (50 or fewer people)- Recreational facilities at <50% capacity (gyms, public pools, etc.)- Professional sports without audience participation (horseracing, baseball, etc.) Resume all recreational activity

Continue to Stay Home, Stay Healthy Continue to Stay Home, Stay HealthyResume public interactions, with physical distancing

- Remaining manufacturing- Additional construction phases- In-home/domestic services (nannies, housecleaning, etc.)- Retail (in-store purchases allowed with restrictions)- Real estate- Professional services/o�ce-based businesses (telework remains strongly encouraged)- Hair and nail salons/barbers- Pet grooming- Restaurants/taverns <50% capacity table size no larger than 5 (no bar-area seating)

- Restaurants/taverns <75% capacity/ table size no larger than 10- Bar areas in restaurant/taverns at <25% capacity- Movie theaters at <50% capacity- Customer-facing government services (telework remains strongly encouraged)- Libraries- Museums - All other business activities not yet listed except for nightclubs and events with greater than 50 people

- Essential businesses open - Existing construction that meets agreed upon criteria- Landscaping- Auto/RV/boat/ORV sales- Retail (curb-side pick-up orders only)- Car washes- Pet walkers

- Nightclubs- Concert venues- Large sporting events- Resume unrestricted sta�ng of worksites, but continue to practice physical distancing and good hygiene

2 3 41INDIVIDUALS AND BUSINESSES SHOULD FOLLOW ALL REQUIREMENTS LISTED ABOVE DURING ALL PHASES

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COUNTY VARIANCE REQUESTSThe Department of Health recognizes that there are currently some small counties with a population of less than 75,000 that have not identified a resident with COVID-19 for the past three weeks. These counties have the opportunity to apply for a variance to move to Phase II of this plan before the rest of the state. To apply for a variance, the local jurisdiction must follow the below process and submit the following materials to the Department of Health. County variance applications will be approved or denied by the Secretary of Health.

1. The process must adhere to the following steps:a. The local public health officer must submit a signed recommendation to the local board of health with

one of the following recommendations: not request a variance and stay in Phase I, request a variance to include all of the Phase II modifications above, or request a variance to include a subset of Phase II modifications.

b. The local board of health, if they choose to move forward with a variance request, must vote on such a request.

c. The local hospital(s) must submit a letter certifying that they have adequate bed capacity to serve their community and adequate PPE supplies to keep their workers safe.

d. The county commission/council must request to move to Phase II (or a subset of Phase II) of the plan.

2. The county commissioner must submit a letter requesting a variance, the letter from the local hospital certifying they have adequate bed capacity to serve their community and adequate PPE supplies to keep their workers safe, and a document that includes the following information to the Department of Health:a. Plans to make COVID-19 testing available and accessible to everyone in the county with symptoms

consistent with COVID-19.b. The number of tests performed by week over the past three weeks.c. The number of people trained and ready to perform case investigations and contact tracing. d. Plans to house people in isolation or quarantine who do not have a home or wish to isolate or

quarantine themselves outside of their home.e. Plans to provide case management services to cases and contacts in isolation and quarantine.f. Plans to rapidly respond to outbreaks in congregate settings.

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3. Included with this application are documents demonstrating approvals and endorsements for all of the following:a. The local public health officers’ recommendation to the Board of Health.b. Documentation of the vote of the Board of Health, including the motion and the vote totals.c. Letters from all hospitals used by the county certifying their bed capacity for COVID-19 patients and

PPE supplies.d. Documentation of the vote of the county commission, including the vote totals.

In the next two weeks, the Department of Health and Governor Inslee will consider additional criteria which could include cases per capita for allowing other counties to apply for a variance. Local jurisdictions will be allowed to partially implement a phase.

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Western Display Fireworks, Ltd.

MoBy: HeatherJ. GobetIts: PresidentDate: —- "

PAGE5

The pricing and product offered in the Proposal shall remain firm if this Agreement is mutually executed byboth Parties on or before November 29, 2019.

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City of PascoGrand Old Fourth

July 4, 2020

PYROTECHNIC EXCELLENCE S|NCE1948 P.O. Box 932 Canby Oregon 97013 503.656.1999 westemdispIay.com of 68

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SHOW SCRIPT

Pasco, City ofP.O. Box 293Pasco, WA 99301 USA

Event Date: 7/4/2020Proposal #: 20-6466

Show Name: Grand Old 4th - Pasco

Quantity Description

1 SHOW OPENER2 2.5" (36 Shot) Twinkling Kamuro / Green Strobe / Blue Crackling Flower9 3" Green to Silver Strobe6 4" Green to Blue to Silver Peony3 5" Green Twinkling Crown w/ Twinkling Crown Tail1 MAINSHOW1 THREE INCHSHELLS1 3" (72) Sunny Assortment Package V25

3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"3"

Red & Green Tip w/ Silver Coconut (2ea)Red Tip w/Silver Strobe Willow (2ea)Red to Popping Flower (2ea)Green to Popping Flower (2ea)Gold Spider(2ea)Charcoal Chrysanthemum to Red Ring w/Popping Flower Pistil (ea)Red Tip w/Charcoal Willow (2ea)Variegated Shiny Peony (2ea)Lemon & Purple Peony (2ea)Glitter Silver to Red Chrysanthemum (2ea)Charcoal Crackling Chrysanthemum & Red 2ea)Red Tip w/Yellow Strobe Willow (2ea)Red Peony w/Silver Palm (2ea)Silver Wave to Blue Chrysanthemum (2ea)White Strobe & Gold Brocade Ring (2ea)Orange Peony Series (2ea)Red to Green Peony (2ea)Purple Peony w/Glitter Palm Core (2ea)Green Glittering Tail (2ea)Blue Chrysanthemum (2ea)Yellow Chrysanthemum Shell (2ea)White Twinkling Kamuro (2ea)Silver Coconut (2ea)Red Strobe Willow (2ea)Silver Strobe (2ea)Blue &Spangle (2ea)Blue Tip w/Charcoal Crackling Chrysanthemum (2ea)Gold Tip Willow (2ea)Red Crossette Series (2ea)Green Palm Tree (2ea)Red to Silver Strobe (2ea)Green to Silver Strobe (2ea)Blue Tip w/Red Strobe Willow (2ea)White Strobe & Red Ring (2ea)Red Dahlia (2ea)Charcoal Willow (2ea)

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DD. box 932 .x:anl7\,I- Oregon 97013 .office 5036561999 - fax 503.656.6628 - mfog westerndnsplaycom

FIREWORKSSHOW SCRIPT

Proposal #2 20-6466Quantit Description

1 3" (72) Sunny Assortment Package C 2019 (6 each)3" Crackling Chrysanthemum & Red3" Purple to Green Glitter3" Lemon 8. Purple Peony w/Tail3" Gold Wave to Purple Chrysanthemum3" Green Palm Tree3" Red to Silver Peony3" Purple & Blue Peony w/Tail3" Orange to Blue Peony3" Variegated Color w/Tail3" Silver Glitter w/Silver Tail3" Variegated Color w/Tail3" Variegated Shiny Peony

1 FOUR INCH SHELLS1 4" (36) Crown Assorted Shells-A w/Tail (18 Effects 2 ea)

4" Blue Chrys w/ Red Tail (2 ea)4" Blue to White Strobe Peony wl Silver Tail (2 ea)4" Brocade Crown w/Strobe Pistil w/ Silver Tail (2 ea)4" Crackling Willow wl Green Tail (2 ea)4" Diadem Chrys. to Strobing w/ Green Tail (2 ea)4" Glittering Color w/ Blue Tail (2 ea)4" Glittering White w/ Red Pistil w/ Silver Tail (2 ea)4" Golden Peony w/ Crackling Pistil w/ Red Tail (2 ea)4" Golden Wave to Green wl Silver Tail (2 ea)4" Green Chrys. w/ Crackling Core w/ Blue Tail (2ea)4" Green Peony w/ Coconut Tree Pistil w/ Red Tail ( 2ea)4" Purple Chrys. w/ Red Flower Core w/ Blue Tail (2 ea)4" Purple to Golden Peony wl Red Tail (2 ea)4" Red Chrys. w/ Golden Palm Tree Core w/ Blue Tail (2 ea)4" Silver Wave to Blue w/ Blue Tail (2 ea)4" Variegated Willoww/ Green Strobe w/ Green Tail (2 ea)4" White Twinkling Chrys w/ Blue Tail (2 ea)4" Yellow Peony w/ Purple Pistil w/ Red Tail (2 ea)

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p.o. box 932 - canby - oregon 97013 - om:-.>503.656.1999 .fax 503 6566628 - mm; Nr:sternd4sD|ay.Com

WESTERNDISPLAY LTFIREWORSHOW SCRIPT

Proposal #: 20-6466Quanti Description

1 4" (36) Sunny Assortment Package C 2020 (2 Each)

4" Red Glitter w/ Tail4" Green to Silver Peony w/ Tail4" Orange Glitter Tail w/ Tail4" Lemon Peony w/ Tail4" Silver Strobe w/ Tail4" Purple Tail Peony wl Tail4" Variegated Color w/ Tail4" Golden Wave to Blue Chrysanthemum w/ Silver Tail4" Green Palm Tree w/ Tail4" Silver to Popping Flower w/ Tail4" Green to Gold Strobe w/ Tail4" Purple to Lemon Peony4" Super Yellow glitter Trail wl Tail4" Glitter Silver to Red Chrysanthemum w/ Tail4" Variegated Color wl Tail4" Yellow Glitter4" Red to Popping Flower4" Variegated Color w/ Tail

1 4" (36) Sunny Meteor Assortment Package 2020 (2 Each)

4" Red & Green Peony w/Silver Tail4" Red &Twinkling Kamuro Ring w/Green Tail4" Brocade to Red w/Red Tail4" White Strobe Flitter & Blue w/Silver Tail4" Red & Blue Peony to White Strobe w/Silver Tail4" Green Glitter w/Green Tail4" Charcoal Crackling Chrysanthemum & Red Pistil w/Red Tail4" Variegated Color w/Silver Tail4" Red Glitter w/Silver Palm w/Silver Tail4" Orange to Popping Flower w/Silver Tail4" Green Strobe Glitter & Blue w/Glitter Tail4" Crackling Willow Flower w/Strobe Pistil & Glitter Tail4" Gold Gamboge to Purple w/Gold Tail4" Christmas Dahlia (Assorted Dahlia) w/Silver Tail4" Lemon & Purple Dahlia w/Silver Tail4" Red Peony w/Silver Palm & Silver Tail4" Gold Gamboge to Yellow w/Silver Tail4" Red Green Dahlia Ring w/Red Tail

1 FIVE INCHSHELLS

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p.o. box’ 932 .canby - Oregon 97013 .office 503,6Sl5J999 - fax 503 656 6628 . II1fO‘5‘WES[E|’F1diSDIay.C0n’1

SHOW SCRIP

Proposal #1 20-6466Quanti Descri tion

1 5" (16) Crown Assorted Shells-A w/Tail (18 Effects 1 ea)5" Blue Chrys. w/ Thousand Flowers w/ Red Tail5" Blue Chrys. w/ Yellow Pistil w/ Green Tail5" Dragon Eggs w/ Coconut Tree Pistil w/ Blue Tail5" Glittering Silver to Red w/ Crackling Pistil w/ Green Tail5" Golden to Silver Chrys. w/ Blue Pistil w/ Silver Tail5" Golden Wave to Purple w/ Silver Ring Pistil w/ Red Tail5" Green Chrys. w/ Silver Crossette Core w/ Silver Tail5" Green Peony w/ Coconut Tree Pistil wl Blue Tail5" Green to White Flashing Chrys w/ Silver Tail5" Half Purple & Half White Peony w/ Blue Tail5" Purple Chrys. w/ Red Pistil w/ Green Tail5" Purple to White Flashing Chrys w/ Blue Tail5" Red to Blue &Crackling Stars w/ Red Tail5" Red to Red Strobe Peony w/ Red Tail5" Red Wave to Small Color Flower w/ Blue Tail5" Silver Chrys. w/ Red Pistil w/ Green Tail5" Silver Glittering to Red to Blue Peony w/ Silver Tail5" Silver Wave to Blue to Red w/ Blue

1 5" Factory Assortment B RT(18 Effects)1 5" (18) Sunny Assortment Package V25 (1 Each)

5" Red Peony5" Yellow Peony5" Orange Peony5" Blue Glitter5" Variegated Glitter5" Green Dahlia5" Purple Dahlia5" Red Crossette5" Orange Crossette5" White Chrysanthemum5" Purple to Super Gold Flitter5" Glitter Silver to Yellow Chrysanthemum5" Silver Wave to Blue Chrysanthemum5" Blue Chrysanthemum to Crackling Flower w/ Red Pistil5" Red to Popping Flower5" Green to Popping Flower5" Blue to Red Chrysanthemum5" 4 Color Change Chrysanthemum

1 5" (18) Sunny Assortment Package C 2020 (2 Each)

5" Green & Purple Peony w/ Tail5" Red Gamboge to Red to Green chrysanthemum5" Crackling Chrysanthemum & Orange w/ Silver Tail5" White Twinkling Kamuro5" Red Mag Dahlia w/ Silver Tail

Aqua Dahlia5|!

5" Variegated Color w/ TailSilv ' Peony wl Green Pistil

olor wl Tail

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p.o. box 932 .canby - DYEQOD 97013 .office 503.656.1999 . fax 503.656.6628 .mfo §u\“.l€'S(E'Fl1dlSD|Ely.CC1m

LTFIREWORSHOW SCRIPT

Proposal #: 20-6466Quantity Description

1 MIDSHOW VOLLEYSELECTIONS1 ***** MIDSHOW #11 1.5" (100 Shot) Fan Shaped Silver to Green Crossette9 3" Green Crossette6 4" Silver Crossette3 5" Silver to Green Crossette1 ***** MIDSHOW #22 1" (100 Shot) Crackling & Timed Rain Bombard w/Silver Tail6 3" Twice Crackling Rain3 4" Pixie Dust Willoww/Stained Glass + Crackling Pistil (Long Duration)3 5" Pixie Dust Willow w/Twice Crackling Rain Pistil (Long Duration)1 ***** MIDSHOW #31 2.5" (30 Shot) Fanned Fuchsia Magic Peony / Turquoise Peony / Silver Palm Tree

w/Silver Tail6 3" Turquoise Peony6 4" Silver Palm Tree3 5" Pink Peony1 ***** MIDSHOW #41 1.1" (100 Shot) Zip Up Rageous (Brocade & Blue)6 3" Gold Brocade Kamuro6 4" Gold Brocade Kamuro3 5" Brocade w/Blue Pistil (Long Duration)1 ***** MIDSHOW #51 1.6" (70 Shot) Fanned National Celebration — Red, White & Blue 3 Mine w/Gold

Wave Dahlia Bombard6 3" Pixie Dust Willow w/Red Pistil (Long Duration)6 4" Pixie Dust Willoww/Blue Pistil (Long Duration)3 5" Brocade w/White Strobe Pistil (Long Duration)1 ***** MIDSHOW #61 2.5" (30 Shot) Fanned Glitter Coconut w/GlitterTail9 3" Glitter Coconut6 4" Glitter Coconut3 5" Glitter Coconut2 ***** MIDSHOW #72 1.5" (50 Shot) Red 8. Green Falling Leaves & Blue9 3" Blue Falling Leaves6 4" Red Falling Leaves3 5" Green Crackling Willow Flower w/ Green Strobe Pistil1 ***** MIDSHOW #81 1" (110 Shot) Fanned Double Action Silver Glitter and Purple Comets9 3" Purple Stained Glass W/ No Tail6 4" Purple Stained Glass w/ No Tail3 5" Silver Kamuro w/ Purple Flowers (Long Duration)1 GRAND FINALE 1

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p.o. box 932 V canby - oregon 97013 .office 503.656.1999 .fax 503 656.6623 . I?fowgw.‘/E‘5tGVl1dlSp|ay.COfn

SHOW SCRIPT

Proposal #: 20-6466Quantit Descri tion

2 2.5" (36 Shot) Red Magic Peony / Blue Crackling Flower / Titanium Salute w/ Tails6 4" Red Chrysanthemum to Crackling Flower6 4" Blue Chrysanthemum to Crackling Flower3 5" Silver to Crackling1 GRAND FINALE23 3" (25 Shot) Red Glitter to White Strobe / Blue Popping Flower / Titanium Salute

w/Silver Tail18 4" 3 Color Change Chrysanthemum—Silver to Blue to Red Chrysanthemum6 5" 3 Color Change Chrysanthemum-Silver to Blue to Red Chrysanthemum1 GRAND FINALE32 3" Ti Salute (Finale Chain of 10)3 4" (5) Red & Blue &White Strobe Trail / Artillery Titanium w/Silver Tail2 5" (3) Blue to Silver Diamond w/Red Strobe Pistil w/Silver Tail2 1" (100 Shot) Instant Fire Hammer Box #6 Twice Crackling Mine & Flash Thunder

w/o Tail1 MISC SUPPLIES

360 Squibs — J—Tek12T Shroud 12' lead10 Squibs - J-Tek12 T Shroud 12' lead4 20 Minute Fusee w/ Handle

30 Match Fuse for Packing - By the Foot4 1" x 60yd Masking Tape — Roll2 Foil - Small6 Safety Glasses6 Earplugs

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W/fr\V//

FIREWORKS

(

Vince GuerreroCity of PascoPO Box 293Pasco, WA 99301

Dear Vince,

LT

Thank you for allowing Western DisplayFireworks the opportunity to be part of your upcoming celebration. We are

pleased to present our proposal for the 2020 Pasco Grand Old Fourth ofluly Celebration fireworks display.

Please review the enclosed program and call us ifyou have any questions or ifwe can be of further assistance at this

time. Ifthe show is approved as written, please sign the enclosed DisplayAgreement and Purchase Order and return

to Western by November 29”‘via fax, e-mail or in the envelope provided. Thiswillallow us to proceed with all other

arrangements for your show.

For your 2019 display we included a multi—yeardiscount as a gesture of our commitment to your community, with theunderstanding that this discount could be extended by signing a Multi—YearContract Addendum for your 2020 display

.This is an optional discount program that we offer to specially selected customers. It does not obligate you to do adisplay or to a particular budget, but does give Western the first right of refusal ifyou conduct a fireworks display in

the next three years, in exchange for these discounts. The Fireworks DisplayProposal Summary details the amount of

complimentary product that is included with this proposal. Please also sign this contract and return a copy in addition

to the 2020 display contract to retain these items in your show.

We appreciate your business and lookfon/vard to providing another spectacular fireworks displayfor your event.

Best Regards,

cfé/ux?aaiit?Heather Gobet

President

PYROTECHNIC EXCELLENCE SINCE 1948 PO. Box 932 Canby Oregon 97013 503.656.1999 westemdisplaycom

November 6, 2019

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AGENDA REPORT FOR: City Council November 3, 2020


FROM: Dave Zabell, City Manager Executive

SUBJECT: Resolution - Second Amendment to Interlocal Agreement for Tourism

Promotion Area I. REFERENCE(S):

Resolution Exhibit A - Second Amendment for Tourism Promotion Area


Discussion

III. FISCAL IMPACT:

Unknown, dependent on economic recovery of tourism industry


The Cities of Kennewick, Pasco and Richland, as urged by the Visitor and Convention Bureau in 2004, created the Tri-Cities Regional Hotel/Motel Commission(Commission) for the purpose of establishing a Tourism Promotion Area (TPA). The purpose of the TPA is to increase visitor utilization of the hotels and motels in the Tri-Cities. The promotional expenditures are supported by a special assessment, imposed by the hotel industry, and were set at a$1.50/night for any of the hotel/motel rooms included in the TPA program. On October 17, 2013, the Cities of Kennewick, Pasco and Richland formally approved an increase in Special Lodging Assessment from $1.50 to $2.00/night (Ordinance No. 4123) and amended the Interlocal Cooperation Agreement for Establishment of Tri-City Regional Promotion Area to reflect that change.

V. DISCUSSION:

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Earlier this year, the Washington Legislature approved an amendment of RCW Chapter 35.101 by adding RCW Section 35.101.057, which allows for an increase in the Special Lodging Tax Assessment in excess of the prior limit of $2.00/night allowing up to an additional $3.00/night, upon receipt of signatures of the persons who operate lodging business and who would pay sixty percent or more of the proposed charges. The Commission made a proposal to increase the Special Lodging Assessment from $2.00 to $3.00/night and received the requisite signatures, as well as the proposed uses and projects to which the proposed revenue from the additional charge shall be put, the total estimate costs, and the estimated rate for the charge as required by RCW Section 35.101.057. Council received a briefing on the amendment and increase in the lodging tax assessment at the October 14, 2020 City Council meeting. Per the terms of the ILA amendment, approval will obligate the City Council to levy the $3 per night special lodging assessment on the operators of lodging businesses within Pasco. Subsequent to approval of the ILA amendment, staff will prepare an ordinance to codify the new rate.

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Resolution – 2nd Amendment to TCRTPA ILA for Levy Increase- 1

RESOLUTION NO. ____

A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,

AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A

SECOND AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT

FOR ESTABLISHMENT OF TRI-CITY REGIONAL TOURISM PROMOTION

AREA PROVIDING FOR THE INCREASE IN THE LEVY OF THE SPECIAL

LODGING ASSESSMENT ON LODGING BUSINESS WITHIN THE TRI-CITY

REGIONAL TOURISM PROMOTION AREA.

WHEREAS, an Interlocal Cooperation Agreement for Establishment of Tri-City

Regional Promotion Area dated the 1st day of June, 2004, was entered into by and among the

City of Kennewick, the City of Pasco, and the City of Richland, Washington; and

WHERE AS, the Special Lodging Assessment was established in 2004 at $1.50 per night

of stay; and

WHEREAS, in 2013, by Resolution received from the Tri-City Regional Hotel-Motel

Commission, the Commission recommended an increase in the Special Lodging Assessment

from $1.50 to $2.00 per night of stay as permitted by RCW 35.101.050; and

WHEREAS, on October 17, 2013 the City of Kennewick, City of Pasco, and the City of

Richland, formally approved the increase in the Special Lodging Assessment from $1.50 to

$2.00 per day, which has since that time remained unchanged, and in doing so the cities amended

the Interlocal Cooperation Agreement for Establishment of Tri-City Regional Promotion Area to

reflect that change; and

WHEREAS, in 2020, the Washington Legislature approved the amendment of RCW

35.101 by adding RCW 35.101.057 which allows for an increase in the Special Lodging

Assessment in excess of the prior limit of two dollars per night of stay allowing up to an

additional three dollars per night of stay, upon receipt of signatures of the persons who operate

lodging businesses who would pay sixty percent or more of the proposed charges; and

WHEREAS, a proposal was made to increase the Special Lodging Assessment from

$2.00 to $3.00 per day of stay as permitted by RCW 35.101.057 and the Tri-City Regional Hotel-

Motel Commission has received the requisite signatures as well as the proposed uses and projects

to which the proposed revenue from the additional charge shall be put, the total estimated costs,

and the estimated rate for the charge as required by RCW 35.101.057; and

WHEREAS, by Resolution received from the Tri-City Regional Hotel-Motel

Commission, the Commission is recommending an increase in the Special Lodging Assessment


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Resolution – 2nd Amendment to TCRTPA ILA for Levy Increase- 2

WHEREAS, the increase of the Special Lodging Assessment can only be enacted upon

the approval of all of the cities, and amendment of the respective Ordinances establishing the

assessment by a majority plus one of each of the City Councils.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF PASCO, WASHINGTON:

Section 1. That the City Council of the City of Pasco approves of the terms and conditions

of the second amendment to the Interlocal Agreement between the City of Pasco, City of

Kennewick and City of Richland, Washington, as attached hereto and incorporated herein as

Exhibit A; and

Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized,

empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco.

PASSED by the City Council of the City of Pasco, Washington this ____ day of November,

2020.

Saul Martinez

Mayor


_____________________________ ___________________________



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Second Amendment to

Interlocal Cooperation Agreement - 1

SECOND AMENDMENT TO

INTERLOCAL COOPERATION AGREEMENT

FOR ESTABLISHMENT OF

TRI-CITY REGIONAL TOURISM PROMOTION AREA

PROVIDING FOR THE INCREASE IN THE

LEVY OF THE SPECIAL LODGING ASSESSMENT

ON LODGING BUSINESS WITHIN THE

TRI-CITY REGIONAL TOURISM PROMOTION AREA

BY THIS SECOND AMENDMENT to that Interlocal Cooperation Agreement

for Establishment of Tri-City Regional Promotion Area dated the 1st day of June, 2004, entered

into by and among the City of Kennewick, the City of Pasco, and the City of Richland,

Washington, the parties agree to the following:

WHEREAS, the Special Lodging Assessment was established in 2004 at $1.50 per night

of stay; and

WHEREAS, in 2013, by Resolution received from the Tri-City Regional Hotel-Motel

Commission, the Commission recommended an increase in the Special Lodging Assessment


WHEREAS, on October 17, 2013 the City of Kennewick, City of Pasco, and the City of

Richland, formally approved the increase in the Special Lodging Assessment from $1.50 to

$2.00 per day, which has since that time remained unchanged, and in doing so the cities

amended the Interlocal Cooperation Agreement for Establishment of Tri-City Regional

Promotion Area to reflect that change; and

WHEREAS, in 2020, the Washington Legislature approved the amendment of RCW

35.101 by adding RCW 35.101.057 which allows for an increase in the Special

Lodging Assessment in excess of the prior limit of two dollars per night of stay allowing up to an

additional three dollars per night of stay, upon receipt of signatures of the persons who

operate lodging

businesses who would pay sixty percent or more of the proposed charges; and

WHEREAS, a proposal was made to increase the Special Lodging Assessment from $2.00

to $3.00 per day of stay as permitted by RCW 35.101.057 and the Tri-City Regional Hotel-Motel

Commission has received the requisite signatures as well as the proposed uses and projects to

which the proposed revenue from the additional charge shall be put, the total estimated costs, and

the estimated rate for the charge as required by RCW 35.101.057; and

WHEREAS, by Resolution received from the Tri-City Regional Hotel-Motel

Commission, the Commission is recommending an increase in the Special Lodging Assessment


EXHIBIT A

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Second Amendment to


WHEREAS, the increase of the Special Lodging Assessment can only be enacted upon

the approval of all of the cities, and amendment of the respective Ordinances establishing the

assessment by a majority plus one of each of the City Councils.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the

cities agree as follows:

Section l. That Section 3.A of the Interlocal Cooperation Agreement shall be and hereby

is amended and shall read as follows.

3. Levy of Special Lodging Assessments on Lodging Businesses

within the Tri-City Regional Tourism Promotion Area.

A. The City Council of each of the Cities shall levy a Special

Lodging Assessment on the Operators of Lodging Businesses within their

jurisdictions uniformly throughout the Tri-City Regional Tourism

Promotion Area as follows:

Classification A: $3.00

Classification B: $ -0-

Section 2. All remaining terms, sections, subsections, and conditions of the Interlocal

Cooperation Agreement for Establishment of the Tri-City Regional Tourism Promotion Area,

dated the 1st day of June, 2004, including all prior amendments thereof, not inconsistent herewith,

shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the City of Kennewick, the City of Pasco, and the City of

Richland, Washington, by their authorized officials have executed this Agreement pursuant to all

requirements of law on this ____ day of , 2020.

CITY OF KENNEWICK

By:

Don Britain, Mayor

Attest:

Terri L. Wright, CMC, City Clerk

Approved as to form:

Lisa Beaton, City Attorney

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Second Amendment to


CITY OF PASCO

By:

Saul Martinez, Mayor

Attest:

Debby Barham, CMC

City Clerk


Kerr Ferguson Law, PLLC

City Attorney

CITY OF RICHLAND

By:

Ryan Lukson, Mayor

Attest:

Jennifer Rogers, City Clerk


Heather Kintzley, City Attorney

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AGENDA REPORT FOR: City Council November 3, 2020


FROM: Steve Worley, Director Public Works

SUBJECT: Intro Resolution - WA ST Department of Natural Resources Easement for

Columbia East Force Main I. REFERENCE(S):

Resolution


Discussion

III. FISCAL IMPACT:

Permanent Easement Acquisition Cost $205,000.00 Temporary Easement Acquisition Cost $20,500.00 TOTAL $225,500.00

Costs associated with this project are funded through the following:

• Franklin County Economic Development (.09) Grants • Washington State Capital Budget Direct Appropriation • US Economic Development Agency Grant • Local funds


The Columbia East Force Main project will transport food processor's wastewater from the vicinity of Commercial Avenue and Pasco-Kahlotus Highway intersection, North-Westerly to the City’s Process Water Reuse Facility (PWRF) located off of Foster

Wells Road. The Columbia East Force Main is a 5-mile Force Main extending from the Columbia East Pump Station to the City’s PWRF. The proposed force main has been designed to

be located within easements on private property and City/County public rights-of-way.

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The Columbia East Force Main, in conjunction with the recently completed Columbia East Pump Station, will provide for this area's current and future processor's, as well as diverting industrial loading from the Municipal Wastewater Treatment Plant. Acquisition of the necessary easements have been challenging and has triggered multiple realignments of the proposed Force Main. The final alignment has been established and all easement acquisitions for this project have been completed, except for the one pertaining to the Department of Natural Resources (DNR) parcel. The proposed easements in the Washington State Department of Natural Resources (DNR) parcel (113-210-016) consists of a 30-foot wide permanent utility easement extending along the south and west property lines of the parcel and an adjacent 30-foot wide temporary easement. Coordination for these easements started early in the design process. In January of 2019, an agreement between the City and DNR was executed establishing the willingness of DNR to grant the easement for this project and defining the conditions of said transaction. The City, through its consultants, prepared an appraisal which informed the offer provided to DNR. An independent appraisal was performed by DNR to substantiate their counter offer. City staff have reviewed the counter offer and found it adequate.

V. DISCUSSION:

Staff drafted the attached resolution and recommends approval of the acquisition of the permanent utility easement and the temporary easement in DNR’s parcel for the

Columbia East Force Main for a total amount of $225,500.

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Resolution – DNR Easement - Columbia East FM - 1

RESOLUTION NO. _________

A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE EASEMENT

DOCUMENTS FOR THE COLUMBIA EAST FORCE MAIN PROJECT ON

DEPARTMENT OF NATURAL RESOURCES LAND.

WHEREAS, the City of Pasco (City) has designed a public works project for the

conveyance of processor wastewater discharge from the Columbia East Service Area to the

Process Water Reuse Facility; and

WHEREAS, the project alignment requires the acquisition of permanent and temporary

easements for the installation of the force main in a parcel owned by the Department of Natural

Resources (DNR); and

WHEREAS, the City and the Department of Natural Resources entered an agreement on

January 9, 2019 regarding the willingness and conditions for the granting of the easement for this

project; and

WHEREAS, the City, through its consultants, performed an appraisal for determining the

estimated fair market value of said easements for the preparation of the offer to DNR; and

WHEREAS, DNR prepared a third-party appraisal to provide a counter offer to the City;

and

WHEREAS, the City reviewed DNR’s counter offer and found it appropriate; and

WHEREAS, the City Council authorizes the City to proceed with the acquisition of the

designated easements via the execution of said easement documentation.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF PASCO, WASHINGTON:

That the City Manager, or his designee, is authorized to execute the easement documents

for the Columbia East Force Main project, copies of which are attached hereto and incorporated

herein by as Exhibit A; and take all necessary steps required to complete this transaction.

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Resolution – DNR Easement - Columbia East FM - 2

PASSED by the City Council of the City of Pasco, Washington this _____ day of

November, 2020.

_____________________________

Saul Martinez

Mayor


_____________________________ ___________________________



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of 17 Easement No. 50-098101

When recorded return to: Department of Natural Resources Southeast Region Attn: Matt Fromherz 713 Bowers Rd Ellensburg, WA 98926

UTILITY EASEMENT

Grantors: STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Grantees: CITY OF PASCO Legal Description: Ptn. Sec. 16, T9N, R30E, W.M. Assessor’s Property Tax Parcel or Account Number: 113-210-016 Cross Reference: Survey AFN 1922884 DNR Easement No. 50-098101

This Easement is between CITY OF PASCO, a political subdivision of the State of Washington, herein called "Grantee" and the STATE OF WASHINGTON, acting by and through the Department of Natural Resources, herein called "State" dated as of

"Effective Date."

Conveyance. State, hereby grants and conveys to Grantee a non-exclusive in-gross easement over Section 16, Township 9 North, Range 30 East, W.M., in Franklin County, Washington, said Easement legally described and shown as “PROPOSED UTILITY EASEMENT” on that Record of Survey recorded in Franklin County on October 8, 2020 under Auditor File No. 1922884 (hereafter Record of Survey), and approximately as shown on Exhibit A and Exhibit A-1 (hereafter Easement Area).

Construction and Access. State grants to Grantee a nonexclusive easement, for construction purposes only, over the Easement Area shown on Exhibit A and Exhibit A-1, which includes

Exhibit A

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the Easement Area and that easement area described as “30’ TCE” on the Record of Survey, and approximately as shown on Exhibit A and Exhibit A-1 as “30’ Temporary Construction Easement”, for construction on the Easement Area. This construction Easement shall terminate upon completion of construction by Grantee, but no later than one year from the Effective Date of this Easement. Consideration. The consideration paid by the Grantee to State is as follows: The performance by Grantee of the terms and conditions specified herein, TEN and no/100 Dollars ($10.00) and other valuable consideration received from Grantee. Term. The Easement shall be perpetual unless terminated as set forth hereafter. Purpose. This Easement is granted for the purpose of and is limited to constructing, installing, operating, maintaining, repairing, replacing, and using two buried 16-inch force main pipelines ("Line") for transport of food processing wastewater to Grantee’s Process Wastewater Reuse Facility. Authorized use shall include the right to travel, maintain, repair, construct or reconstruct the Easement Area subject to the restrictions set forth hereafter. The purpose of this Easement shall not be changed or modified without the consent of State which shall be at its sole discretion. Any unauthorized use of this Easement Area shall be considered a material breach of this Easement. Assignment. This Easement, or any of the rights granted herein, shall not be apportioned, assigned, or transferred in whole or in part without the prior written consent of State, which shall be at State's sole discretion. In approving a request to apportion, assign, or transfer an interest in this Easement, State shall be entitled to charge for administrative costs for approving the transfer and require additional compensation for any additional use or user. These rights will be in addition to and not a limitation upon State's discretionary authority under this subsection. Reservations. State reserves all ownership of the Easement Area and profits thereon (including timber unless conveyed under this Easement) and the right of use for any purpose including but not limited to the right to remove profits within the Easement Area reserved by State; the right at all times to cross and recross the Easement Area at any place on grade or otherwise; and the right to use, maintain, patrol, reconstruct or repair the Easement Area so long as it does not unreasonably interfere with the rights granted herein. State may grant to third parties any and all rights reserved. Once Grantee clears timber conveyed under this Easement, if any, timber subsequently grown in such cleared areas shall belong to State. In the event State uses the Easement Area for the purpose of growing crops, State or its lessee shall assume responsibility for pest and weed control within the Easement Area. State will give the Grantee written notice of the dates State will assume and relinquish responsibility for pest and weed control.

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Permittees. Grantee may permit its respective employees, agents, contractors, licensees, lessees, purchasers of timber or other profits and their agents, herein individually referred to as "Permittee" and collectively referred to as "Permittees", to exercise the rights granted herein. Acts or omissions of the Permittees operating under this Easement shall be deemed an act of the Grantee. Restrictions or requirements placed on the Grantee herein shall apply equally to the Permittees. Compliance with Laws. Grantee shall, at its own expense, conform to all applicable laws, regulations, permits, or requirements of any public authority affecting the Easement Area and the use thereof. Upon request, Grantee shall supply State with copies of permits or orders. Export Restrictions. Any export restricted timber originating from state land under this Easement shall not be exported until processed. Grantee shall comply with all applicable requirements of WAC 240-15-015 (relating to the prohibitions on export and substitution), WAC 240-15-025 (relating to reporting requirements), and WAC 240-15-030 (relating to enforcement). All export restricted timber from state lands shall be painted and branded in compliance with WAC 240-15-030(2). If Grantee knowingly violates any of the prohibitions in WAC 240-15-015, Grantee shall be barred from bidding on or purchasing export restricted timber as provided. Grantee shall comply with the Export Administration Act of 1979 (50 U.S.C. App. Subsection 2406(i)) which prohibits the export of unprocessed western cedar logs harvested from state lands. Indemnity. Grantee shall indemnify, defend with counsel acceptable to State, and hold harmless State, its employees, officers, and agents from any and all liability, damages, expenses, causes of action, suits, claims, costs, fees (including attorney's fees), penalties, or judgments, of any nature whatsoever, arising out of the use, occupation, or control of the Easement Area by Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees, including but not limited to the use, storage, generation, processing, transportation, handling, disposal, release, or threatened release of any hazardous substance or materials. To the extent that RCW 4.24.115 applies, Grantee shall not be required to indemnify State from State's sole or concurrent negligence. This indemnification shall survive the expiration or termination of the Easement. Grantee waives its immunity under Title 51 RCW to the extent required to indemnify State. Insurance. Before using any of said rights granted herein and at its own expense, the Grantee shall obtain and keep in force during the term of this Easement and require its contractors, sub-contractors, or other permittees to obtain while operating on the Easement Area, the following liability insurance policies, insuring Grantee against liability arising out of its operations, including use of vehicles. Failure to buy and maintain the required insurance may result in the termination of the Easement at State’s option. The limits of insurance, which may be increased by State, as deemed necessary, shall not be less than as follows:

(a) Commercial General Liability (CGL) insurance with a limit of not less than $1,000,000 per each occurrence. If such CGL insurance contains aggregate

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limits, the general aggregate limits shall be at least twice the "each occurrence" limit, and the products-completed operations aggregate limit shall be at least twice the "each occurrence" limit.

(b) Employer's liability ("Stop Gap") insurance, and if necessary, commercial

umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease.

(c) Business Auto Policy (BAP) insurance, and if necessary, commercial umbrella

liability insurance with a limit of not less than $1,000,000 per accident, with such insurance covering liability arising out of "Any Auto". Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent coverage. If necessary the policy shall be endorsed to provide contractual liability coverage and cover a “covered pollution cost or expense” as provided in the 1990 or later versions of CA 00 01. Grantee waives all rights against State for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance.

(d) Grantee shall comply with all State of Washington workers' compensation

statutes and regulations. Workers' compensation coverage shall be provided for all employees of Grantee and employees of any contractors, sub-contractors or permittees. Except as prohibited by law, Grantee(s) waives all rights of subrogation against State for recovery of damages to the extent they are covered by workers compensation, employer’s liability, commercial general liability or commercial umbrella liability insurance.

All insurance must be purchased on an occurrence basis and should be issued by companies admitted to do business within the State of Washington and have a rating of A- or better in the most recently published edition of Best's Reports. Any exception shall be reviewed and approved in advance by the Risk Manager for the Department of Natural Resources. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. The State of Washington, Department of Natural Resources, its elected and appointed officials, agents and employees shall be named as an additional insured on all general liability, excess, and umbrella insurance policies. Before using any said rights granted herein, Grantee shall furnish State with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified above. Certificate(s) must reference State's easement number.

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State shall be provided written notice before cancellation or non-renewal of any insurance referred to herein, as prescribed in statute (Chapter 48.18 RCW or Chapter 48.15 RCW). Grantee shall include all contractors, sub-contractors and permittees as insureds under all required insurance policies, or shall furnish separate certificates of insurance and endorsements for each. Contractors, sub-contractors and permittees must comply with all insurance requirements stated herein. Failure of contractors, sub-contractors and permittees to comply with insurance requirements does not limit Grantee’s liability or responsibility. All insurance provided in compliance with this Easement shall be primary as to any other insurance or self-insurance programs afforded to or maintained by State. Grantee waives all rights against State for recovery of damages to the extent these damages are covered by general liability or umbrella insurance maintained pursuant to this Easement. By requiring insurance herein, State does not represent that coverage and limits will be adequate to protect Grantee, and such coverage and limits shall not limit Grantee’s liability under the indemnities and reimbursements granted to State in this Easement. If Grantee is self-insured, evidence of its status as a self-insured entity shall be provided to State. If requested by State, Grantee must describe its financial condition and the self-insured funding mechanism. Waste. Grantee shall not cause or permit any filling activity to occur in or on the Easement Area, except as approved by State. Grantee shall not deposit refuse, garbage, or other waste matter or use, store, generate, process, transport, handle, release, or dispose of any hazardous substance, or other pollutants in or on the Easement Area except in accordance with all applicable laws. The term hazardous substance means any substance or material as those terms are now or are hereafter defined or regulated under any federal, state, or local law including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA 42 USC 9601 et seq.) as administered by the US Environmental Protection Agency, or the Washington Model Toxic Control Act (MTCA RCW 70.105D) as administered by the State Dept. of Ecology. Grantee shall immediately assume responsibility for a hazardous substance release (spill) caused by Grantee or its Permittees on or adjoining the Easement Area. As responsible party, Grantee shall:

Immediately notify all necessary emergency response agencies, as required under federal, state and local laws, regulations, or policies.

Following emergency response agency notifications, notify State (Dept. of Natural Resources) of all spill releases and Grantee actions completed for spill reporting and actions planned or completed toward spill cleanup. State notification requirements are

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“same business day” notification for normal state workdays and “next available business day” notification for weekends and holidays.

At Grantees sole expense, conduct all actions necessary to mitigate the spill release. Mitigation response actions may include, but are not necessarily limited to, initial release containment, follow-up site cleanup and monitoring actions, and continued contact and coordination with regulators and State, as defined under the aforementioned laws, regulations, policies and this agreement.

Other than performing initial emergency response cleanup/containment actions; obtain approvals in advance of all site cleanup actions (e.g. site characterization investigations, feasibility studies, site cleanup and confirmation sampling, and groundwater monitoring) conducted on State lands, in coordination with regulatory agencies and State.

Obtain and understand all necessary hazardous substance spill release notification and response mitigation requirements, in advance of conducting Grantee operations on State land.

Survey Markers. Grantee shall not destroy any land survey corner monuments and/or reference points (including but not limited to corner markers, witness objects, or line markers) without prior written approval from State, which shall not be unreasonably withheld. Monuments or reference points that must necessarily be disturbed or destroyed during road construction or maintenance activities must be adequately referenced and replaced, at the Grantee’s cost, under the direction of a State of Washington Professional Land Surveyor, in accordance with all applicable laws of the State of Washington in force at the time of construction, including but not limited to RCW 58.24, and all Department of Natural Resources regulations pertaining to preservation of such monuments and reference points. Danger Tree Removal. Individual trees located within the danger tree zones outside of the Easement Area and within the Easement Area which shall be dangerous to the operation and maintenance of the Line in the Easement Area, may be removed subject to the following:

1. Grantee shall mark the trees. 2. Grantee shall timber cruise the trees. 3. Grantee shall notify State in writing of their request to remove the danger trees

and include the cruise and a map showing the location of the trees. 4. State will determine the fair market value of the trees it authorizes to be

removed. 5. State will approve the removal of danger trees contingent upon payment in full

by the Grantee prior to removal. In the event of an emergency requiring immediate action to protect person or property, Grantee shall:

1. Fall and/or remove the necessary danger tree(s) without advance authorization

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from State. 2. Cruise the felled and/or removed tree(s). 3. Grantee shall notify State in writing of the tree(s) felled and/or removed and

include a map of the location and a cruise within fourteen (14) days after felling.

4. State will determine the fair market value of the tree(s) felled and/or removed and bill the Grantee.

5. Grantee shall pay for the tree(s) within thirty (30) days of receipt of the billing notice.

Operational Restrictions. Site-specific operational requirements are listed in Exhibit B. Non-compliance with these requirements shall constitute a breach of this easement and may result in State suspending operations until the breach is remedied. Construction/Reconstruction. Sixty (60) days prior to any construction or reconstruction by Grantee on the Easement Area, Grantee shall submit a written plan of construction to State outlining the construction or activity for State's approval, which shall not be unreasonably withheld. In the event of an emergency requiring immediate action to protect person or property, Grantee may take reasonable corrective action without prior notice to State. Grantee shall notify State within thirty (30) days of any corrective action taken and all construction or reconstruction shall comply with applicable state or local laws. Easement Closure Risk. Grantee assumes all risk and costs associated with easement access due to road closures and blockages caused by any road closure event, including but not limited to environmental regulation, or natural disasters including, fire, flood, snow, slides, tree wind throw, or road wash out. State is not obligated to repair or unblock an existing road leading to the easement area or any part of the easement area described herein if State determines the road is no longer safe or viable for trust management purposes. Improvements. Grantee shall construct no improvements without the prior written consent of State which shall be at State's sole discretion. Unless the parties agree in writing to share the cost of improvements, improvements shall be at the sole expense of the improver. Weed Control/Pesticides. Unless otherwise provided, Grantee shall control at its own cost, all noxious weeds on any portion of the Easement Area herein granted. Such weed control shall comply with county noxious weed control board rules and regulations established under the Uniform Noxious Weed Control Statute (Chapter 17.10 RCW). Grantee shall be responsible for, or shall immediately reimburse State any weed control cost incurred as a result of Grantee's failure to control weeds on the Easement Area. All ground methods of chemical weed control shall be reported to State at the region office within thirty (30) days after the weed control activities. In the event State uses the Easement Area for the purpose of growing crops, State or its lessee shall assume responsibility for pest and weed control within the Easement Area. State will

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give Grantee written notice of the dates State will assume and relinquish responsibility for pest and weed control. The aerial application of pesticides is not permitted. Notice. Any notices or submittals required or permitted under this Easement may be delivered personally, sent by facsimile machine or mailed first class, certified return receipt requested, to the following addresses or to such other place as the parties hereafter direct. Notice will be deemed given upon delivery, confirmation of facsimile, or three (3) days after being mailed, whichever is applicable.

To State: Department of Natural Resources Southeast Region 713 Bowers Rd Ellensburg, WA 98926 Phone: 509-925-8510

To: Grantee:

City of Pasco, Public Works Department 525 N 3rd Ave. Pasco, WA 99301 Phone: 509-543-5738

Recording. Grantee shall record this Easement in the county in which the easement property is located, at Grantee’s sole expense. Grantee shall provide State with a copy of the recorded easement. Grantee shall have thirty (30) days from the date of delivery of the final executed agreement to comply with the requirements of this section. If Grantee fails to record this Easement, State may record it and Grantee shall pay the costs of recording, including interest, upon State's demand. Forfeiture. In the event that any portion of the Easement Area is not used by Grantee, or its assigns, for the purpose for which it was granted, within a period of five (5) years from the Effective Date of this Easement, the rights of Grantee within said portion(s) of the Easement Area shall revert to State, its successors or assigns; and said portion(s) of the Easement Area shall be freed from the Easement as fully and completely as if this Easement had not been granted; provided, however, an extension of time may be granted upon written request prior to the expiration date of said 5-year period and upon the terms and conditions as specified by State. Such terms and conditions shall include, but not be limited to the right to modify the consideration due State plus additional charges for administrative costs and appreciation of land and valuable material. Abandonment. If Grantee ceases to use the Easement Area for the purposes set forth herein for a period of five (5) successive years, this Easement shall be deemed abandoned and

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terminate without further action by State. Timber remaining on the Easement Area shall be deemed abandoned. Termination. State shall have the right to terminate this Easement if Grantee fails to cure a material breach of this Easement within sixty (60) days of notice of default (Cure Period). If a breach is not reasonably capable of being cured within the Cure Period for reasons other than lack of or failure to expend funds, Grantee shall commence to cure the default within the Cure Period and diligently pursue such action necessary to complete the Cure. In addition to the right of termination, State shall have any other remedy available in law or equity. Any Grantee obligations not fully performed upon termination shall continue until fully performed. Designation of certain breaches as material throughout this Easement shall not preclude other breaches from being declared material. Removal of Improvements and Equipment. All improvements, buildings, fixtures and other property erected or permanently affixed upon State lands by Grantee during the term of said Easement, which remain upon said land sixty (60) days from the termination or abandonment of said Easement, shall become the property of State and be considered a part of the land upon which they are located; provided, however, that any time within sixty (60) days after the termination or abandonment of said Easement, Grantee shall be entitled to remove such of said improvements as can be removed without damage to said lands; or, State may require Grantee to remove all improvements, buildings, fixtures and other structures fixed upon State lands by Grantee, at Grantee's cost. All tools, equipment and other property not permanently affixed upon the land by Grantee during the term of said Easement shall remain the property of Grantee, but shall be removed within sixty (60) days after the expiration of this Easement. Relocation. State reserves to itself, its successors and assigns, the right to require Grantee to realign or relocate the Line at no cost to State if the location provided for by this Easement interferes with the use and development of the Easement Area. Any new location for the buried Line resulting from such realignment or relocation shall be covered by the terms and conditions of this Easement and this Easement shall be construed as being modified to reflect any such realignment or relocation; PROVIDED, that State is fully compensated for any additional right of way required for such realignment or relocation in the manner prescribed by RCW 79.36.530, as presently codified or hereafter amended. Upon failure, neglect or refusal by Grantee to do and perform any realignment or relocation as hereby required, State may undertake and perform such realignment or relocation, the cost to be repaid by Grantee, together with attorney's fees, costs and interest should it be necessary to bring an action to recover such realignment or relocation costs. Advance by State. If State advances or pays any cost or expense for or on behalf of Grantee, Grantee shall reimburse State the amount paid and shall pay interest on such amount at the rate of one percent (1%) per month until paid. Construction. The terms of this Easement shall be given their ordinary meaning unless

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defined herein and shall not be presumptively construed against the drafter. Effective Date. The Effective Date of this Easement shall be the date on which the last party executes this Easement. The Effective Date will be inserted on the first page of the Easement when such date is determined. Exhibits. All exhibits referenced in this Easement are incorporated as part of the Easement. Headings. The headings in this Easement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Easement nor the meaning of any of its provisions. Modification. Any modification of the Easement must be in writing and signed by the parties. State shall not be bound by any oral representations or statements. Non-waiver. The waiver by State of any breach or the failure of State to require strict compliance with any term herein shall not be deemed a waiver of any subsequent breach. Severability. If any provision of this Easement shall be held invalid, it shall not affect the validity of any other provision herein.

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IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, as of the day and year first above written.

CITY OF PASCO

Dated: , 20 .

DAVE ZABELL City Manager 525 N 3rd Ave. Pasco, WA 99301 Phone: 509-545-3404

STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: , 20 .

ANGUS W. BRODIE Deputy Supervisor for Uplands P.O. Box 47000 1111 Washington Street SE Olympia WA 98504-7000 Phone: 360-902-1000

Approved as to form January 21, 2003 By Mike Rollinger Assistant Attorney General for the State of Washington Approved as to form _____________________ By __________________ City Attorney for the City of Pasco, WA

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REPRESENTATIVE ACKNOWLEDGEMENT State of Washington County of Franklin I certify that I know or have satisfactory evidence that Dave Zabell is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of City of Pasco to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated:

(Signature) (Seal or stamp)

(Print Name)

Notary Public in and for the State of Washington, residing at My appointment expires

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STATE ACKNOWLEDGEMENT State of Washington County of Thurston I certify that I know or have satisfactory evidence that Angus W. Brodie is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Deputy Supervisor for State Uplands of the Department of Natural Resources of the State of Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated:

(Signature) (Seal or stamp)

(Print Name)

Notary Public in and for the State of Washington, residing at

My appointment expires

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EXHIBIT A EASEMENT AREA

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EXHIBIT A-1 EASEMENT AREA

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EXHIBIT B OPERATIONAL REQUIREMENTS

The "Line" shall be buried at a minimum depth of 48 inches below the surface of said Easement Area. For installation within roadway, the "Line" shall be buried at a minimum depth of 48 inches below the road surface or 48 inches below bottom of ditch, whichever applies. State reserves the right to inspect the "open trench" during construction to ensure compliance with the installation specifications. Grantee shall mark the location of the buried "Line" with painted metal or composite posts placed approximately 500 to 1,000 feet apart so they are clearly visible. The Grantee shall also install signs at approximate 1,000-foot intervals; said signs shall identify the installation as a buried wastewater pipeline and shall designate ownership of the installation. Grantee shall so place, protect, and/or bury the "Line" as to allow the unobstructed movement of any equipment or materials across the surface of the Easement Area and shall install the "Line" at such depth as to not interfere with the normal and usual use of the land. Should Grantee not place, or bury the "Line" according to the specifications designated by State and the approved Record of Survey, Grantee shall be responsible for and hold State harmless from any and all damage to the "Line". Grantee agrees that no construction will commence until all documents have been signed by all parties and that neither construction nor reconstruction will commence until the written Plan of Operation has been approved by State. Grantee shall notify State when construction begins and when construction has been completed. Grantee is responsible for obtaining all necessary permits that relate to the Grantee’s activities. Grantee is responsible for all permits, amendments, renewals, and associated expenses. During the course of construction or maintenance, Grantee shall minimize soil erosion and damage to soil. Equipment will not be operated when the ground conditions are such that excessive soil damage will occur. All soil surfaces on the Easement Area, which are outside of cultivated areas and devoid of natural cover as a result of the operations hereunder, shall be re-seeded at a rate of 50 pounds per acre with a non-invasive, pasture mix (35% Perennial Ryegrass, 52% Tall Fescue, 13% New Zealand White Clover) and covered with straw.

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Upon completion of construction of facilities authorized herein, Grantee shall restore all lands of the State impacted by Grantee’s activities thereon to prior or better condition in a workmanlike manner. When trimming trees within or adjacent to the Easement Area, the Grantee shall:

a) cut all limbs to within 1 inch of the branch collar when more than 50% of the live branch is removed; pruning outside the trees branch bark ridge or branch collar;

b) avoid scaring or damaging the cambium layer of all live trees; c) remove no more than 33% of the trees live crown; d) avoid removing the trees terminal leader. Should the Grantee desire to remove

the terminal leader, the tree will be felled and removed according to the terms of the Danger Tree Removal Clause.

e) remove from the Easement Area all cut and harvested materials including tree limbs, tree boles, tree tops, and to the extent possible, leaves and needles.

When trimming trees within or adjacent to the Easement Area, the Grantee may:

a) chip all cut and harvested materials with written authorization from the State; b) spread chipped materials over the Easement Area with the final disbursement

being approved by the State; c) not leave chipped materials in piles.

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