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Home My WebLink AboutFINAL 2025 0923 Council Agenda PacketMoses Lake City Council Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member Tuesday, September 23, 2025 Moses Lake Civic Center – 401 S. Balsam or remote access* Regular Meeting Agenda Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Presentations -Fire Chief Art Perillo Introduction and Ceremonial Oath – Rob Karlinsey, City Manager -National Fire Service Week Proclamation – Fire Chief Art Perillo -Hispanic Heritage Month Proclamation – Latino Civic Alliance, Stevan Garcia, Christian Castrellon, and Joseline Morales Citizen’s Communications ** #1 Consent Agenda pg 1 Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. a.Claims and Payroll b.Surplus Sleep Center Units Resolution 4024 c.Surplus Pallet Shelters Resolution 4025 d.Set 2026 Property Tax/Budget Public Hearings e.Sodium Hypochlorite Services Old Business - None scheduled September 23, 2025, City Council Meeting Page 2 New Business #2 Motion #3 2027 Pioneer Way Resurfacing pg 65 Presented by Public Works Director Brian Baltzell Summary: Council to review and consider approval Purchase Bearcat Armored Vehicle pg 70 Presented by Chief of Police Dave Sands Summary: Discussion Staff Reports -Stormwater Report, Streets Stormwater Maintenance Manager Brad Mitchell -Capital Improvement Plans Discussion Follow Up, City Manager Rob Karlinsey -Comprehensive Plan Docket Follow Up, Acting Community Development Director Vivian Ramsey -Transportation Sales Tax Renewal Resolution, City Manager Rob Karlinsey -Special Event Analytics, Parks, Recreation, & Cultural Services Director Doug Coutts -Other City Council Member Reports Future Business Requests: MLMC 2.08.050 states that an item may be placed on a Council meeting agenda, in advance of posting an agenda, by any of the following methods: majority vote of the Council; Council consensus; any three (3) Council members; the City Manager; a Council Committee; or the Mayor. Information Item - Upcoming Agenda Items pg 75 Executive Session – Potential Litigation pursuant to RCW 42.30.110(1)(i). Adjournment Future Council Meetings: Special Meetings September 30, at 6 p.m., October 7, at 6:00 p.m., Study Session and Regular Meeting October 14 at 5:30 p.m. NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting. September 23, 2025, City Council Meeting Page 3 * Remote Options: #1 MS Teams App or Online Join the meeting now Meeting ID: 273 054 401 882 2 Passcode: 67hV9oi7 Or #2 MS Teams by phone (audio only) +1 509-707-9401,67726371# Or #3 YouTube Live https://www.youtube.com/@MosesLakeCityCouncil/streams ** In person Citizen Comment or Public Hearing Comments form needs to be given to the Clerk by 6:25 p.m. The 5-minute time per speaker may be reduced to allow a maximum period of 30 minutes for citizens who have signed up to speak. Click this link for remote speaker request forms which must be completed by 3 p.m. on the day of the meeting and join using one of the Teams options above. TOTALS BY FUND: FUND NO FUND NAME Est. Fund Bal. @ 09/09/2025 AMOUNT Est. Fund Bal. @ 09/23/2025 001 GENERAL FUND 8,271,017 282,741.13 7,988,275 005 RAINY DAY FUND 503,115 - 503,115 102 TOURISM 2,271,304 - 2,271,304 103 GRANTS AND DONATIONS 1,332,975 16,112.82 1,316,862 105 ARPA 2,104,309 - 2,104,309 110 HOMELESS SERVICES 706,344 - 706,344 111 OPIOID ABATEMENT 241,718 - 241,718 112 PUBLIC ARTS PROGRAM 95,936 - 95,936 114 PATHS/TRAILS 179,081 - 179,081 116 STREET 1,040,319 44,749.58 995,569 119 STREET REPR/RECON 7,197,406 41,869.00 7,155,537 170 TRANSPORTATION BENEFIT DISTRICT 1,809,115 - 1,809,115 282 LOCAL BORROWING 1,690,252 - 1,690,252 286 REFUNDING GO BONDS 2015 549,014 - 549,014 314 PARK & RECREATION IMPROVEMENTS 237,195 - 237,195 315 PARK MITIGATION CAPITAL PROJECTS 15,528 - 15,528 320 FIRE MITIGATION FUND 1,246,424 - 1,246,424 411 WATER 9,071,246 74,497.89 8,996,748 412 WASTEWATER 4,023,836 51,471.71 3,972,364 450 2011 BOND FUND 10,304 - 10,304 452 2004 BOND FUND 5,732 - 5,732 471 WATER RIGHTS 2,204,471 - 2,204,471 472/322 WATER REMEDIATION 437,540 4,656.50 432,884 473/393 STORMWATER CONSTRUCTION 88,458 - 88,458 477 WATER CONSTRUCTION 6,228,926 - 6,228,926 478 WASTEWATER CONSTRUCTION 331,160 - 331,160 485 PWTF WATER-WASTEWATER DEBT SVS 20,196 - 20,196 487 2015 GO BONDS REDEMPTION 82,417 - 82,417 490 SANITATION 2,993,516 56,935.98 2,936,580 493 STORM WATER 764,856 511.05 764,345 495 AIRPORT 75,463 220.82 75,242 498 AMBULANCE 1,713,939 20,213.56 1,693,725 501 UNEMPLOYMENT COMPENSATION INSURANCE 247,531 - 247,531 503 SELF-INSURANCE 588,163 8,678.13 579,485 517 CENTRAL SERVICES 1,544,264 22,424.35 1,521,840 519 EQUIPMENT RENTAL 3,991,881 41,873.09 3,950,007 528 BUILDING MAINTENANCE 1,748,521 9,300.55 1,739,221 611 FIRE PENSION 639,411 - 639,411 623 DEPOSIT 902,200 4,400.00 897,800 631 STATE 8,683 168.00 8,515 TOTAL 67,213,766$ 680,824.16$ 66,532,942$ City of Moses Lake Tabulation of Claims Paid-Summary by Fund Council Meeting Date-09/23/2025 Check Name Check Amount Check Date Invoice Description 171557 4Imprint, Inc.477.73 09/04/2025 Tissue Packets 171558 Abc Hydraulics 13.91 09/04/2025 O Ring 171559 Alpha Media, LLC 250.00 09/04/2025 Summer Concert Series 171560 Als Glass Service Inc 377.98 09/04/2025 Window Installation 171561 Amazon Capital Services, Inc.3,397.68 09/04/2025 Tech Services Purchases August 2025 171562 Anatek Labs, Inc. -Yakima 45.00 09/04/2025 Sample Testing 171563 Aquatic Specialty Services Inc 72,403.31 09/04/2025 Pool Chemicals 171564 Battery Systems Inc 164.01 09/04/2025 Batteries 171565 Bud Clary Ford LLC 227.04 09/04/2025 Equipment Parts 171566 Centurylink 55.45 09/04/2025 Telephone Services 171567 Code Publishing Co.1,220.63 09/04/2025 Municipal Code - Web Update 171568 Columbia Electric Supply 960.09 09/04/2025 Electric Supplies 171569 Commercial Tire Inc 2,692.60 09/04/2025 225/70R19.5 Tires/Install 171570 Consolidated Electrical Distributors Inc 31.55 09/04/2025 Electric Supplies 171571 Copiers Northwest Inc 606.55 09/04/2025 Equipment Contract Fees 171572 Devries Information Mgmt 256.00 09/04/2025 On Site Record Distruction 171573 Fishingmagician.com 100.00 09/04/2025 Ltac Advertising 171574 Genuine Parts Company, Inc.1,380.06 09/04/2025 Equipment Parts 171575 Gordon Thomas Honeywell Governmental 4,500.00 09/04/2025 Governmental Affairs Pro Services 171576 Grant County Animal Outreach 15,083.33 09/04/2025 Sept 2025 Contract Payment 171577 Grant County Public Works 898.18 09/04/2025 Flagging Class 171578 GrayMar Environmental Services, Inc 682.88 09/04/2025 Oil Disposal 171579 IAFF #1258/Disab Ins 2,426.51 09/04/2025 2518 - September Disability Fire 171580 Ibs Inc 190.47 09/04/2025 Wasp Spray/Clamps 171581 Kelley Create 279.35 09/04/2025 Equipment Contract Fees 171582 Lad Irrigation Company Inc 762.60 09/04/2025 Landscaping/Irrigation Supplies 171583 Localtel Communications 1,388.25 09/04/2025 Internet Service 171584 Marten Law LLP 3,349.38 09/04/2025 PFAS Pro Services 171585 McKesson Medical-Surgical 2,364.32 09/04/2025 Medical Supplies 171586 Moses Lake Steel Supply 185.99 09/04/2025 Metal 171587 Multi Agency Comm Center E911 16,378.54 09/04/2025 EMS/Fire Calls 171588 Norco Enterprises Inc 23.33 09/04/2025 Sink Eyewash Station Supplies 171589 Northstar Chemical Inc 4,549.50 09/04/2025 Sodium Hypochlorite - Wells 171590 NYS Child Support Prosessing Center 184.61 09/04/2025 2518 -Child Support 171591 Office of Financial Recovery 265.00 09/04/2025 2518 - Torrey Garnishment 171592 Oreilly Auto Parts 121.19 09/04/2025 Equipment Parts 171593 Pasco Tire Factory, INC 1,561.78 09/04/2025 P245-55R18 Tires 171594 Platt Electric 1,156.93 09/04/2025 Electric Supplies 171595 Protect Youth Sports 122.15 09/04/2025 Background Checks 171596 Sherwin-Williams 37.02 09/04/2025 Paint/Paint Supplies 171597 Titan Machinery, Inc.84.05 09/04/2025 P.P.E. 171598 Traffic Safety Supply Company 67.42 09/04/2025 Post Caps 171599 Trusteed Plans Service Corp 2,795.00 09/04/2025 PD Disability 171600 Ups Freight 73.38 09/04/2025 Weekly Service Fees City of Moses Lake Checks Issued with Summary Description For September 23rd, 2025 Council Meeting Check Name Check Amount Check Date Invoice Description City of Moses Lake Checks Issued with Summary Description For September 23rd, 2025 Council Meeting 171601 Usa Blue Book 53.17 09/04/2025 Koflo Quill Rebuild Kit 171602 Wa Cities Insurance Authority 8,678.13 09/04/2025 Large Deductible Program 171603 WA St Council Of FF Emp Ben 4,400.00 09/04/2025 August MERP 171604 Wash Council Police & Sheriffs 550.00 09/04/2025 WCPS Dues 171605 Washington Media LLC 430.00 09/04/2025 LTAC Advertising 171606 Washington State Department of Ecology 250.00 09/04/2025 Operator 3 Application- D. Roth 171607 Weinstein Beverage Company 377.00 09/04/2025 Water Service 171608 Wesco Paint & Equipment 25.70 09/04/2025 Trim 171609 Curt Ledeboer 9,794.18 09/12/2025 Replenish Buy Monies 171610 Reina Paszkeicz 47.68 09/12/2025 Purchase Reimbursement 171611 Richard Pearce 81.38 09/12/2025 Airport Purchase Reimbursement 171612 Sheryl McHargue 210.00 09/12/2025 CDL Physical 171613 Washington State Treasurer 182.60 09/12/2025 State Remittance August 2025 171614 Adrian Flores 62.00 09/12/2025 2025 Conference Per Diem 171615 Benjamin Schober 190.00 09/12/2025 Conference Per Diem 2025 171616 Kailee Gariano 109.00 09/12/2025 Conference Per Diem 2025 171617 Yulisa Zepeda Lopez 224.00 09/12/2025 Training Per Diem 2025 171618 A & H Printers Inc 249.55 09/12/2025 Door Hangers - Water Rationing 171619 AAA Readymix Inc 715.58 09/12/2025 Concrete Delivery - Lakeside Drive 171620 Abc Hydraulics 1.19 09/12/2025 O-Rings 171621 Alan Key 200.00 09/12/2025 Preemployment Poly 171622 Amazon Capital Services, Inc.5,079.58 09/12/2025 Museum Invoice - Aug '25 171623 Anatek Labs, Inc.425.00 09/12/2025 Sample Testing 171624 Aquatic Specialty Services Inc 395.17 09/12/2025 Flow Switch 171625 Aspect Consulting 4,656.50 09/12/2025 On-Call Water Supply Support 171626 AT&T Mobility II, LLC 5,037.59 09/12/2025 Cell Services 171627 Badger Meters Inc 7,377.49 09/12/2025 Meter Parts 171628 Baker Tilly US, LLP 811.25 09/12/2025 Finance Pro Services 171629 Basin Propane LLC 40.62 09/12/2025 Propane 171630 Bitwarden, Inc.16,200.00 09/12/2025 Passwords Manager Software 171631 Bud Clary Ford LLC 746.59 09/12/2025 Equipment Parts 171632 Cascade Natural Gas Corp 29.36 09/12/2025 Natural Gas Services 171633 Centurylink 373.99 09/12/2025 Telephone Services 171634 CHS Inc 29,812.61 09/12/2025 Fuel For Vehicles August 2025 171635 City Of Spokane 128.80 09/12/2025 Evidence Burn 171636 Cobies Fine Dry Cleaning 237.63 09/12/2025 Dry Cleaning 171637 Columbia Basin Herald 1,500.00 09/12/2025 Advertising 171638 Commercial Tire Inc 88.00 09/12/2025 Tire Disposal 171639 Consolidated Disposal Service 50,128.80 09/12/2025 Disposal Loads/Transfer Station 171640 Copiers Northwest Inc 185.25 09/12/2025 Equipment Contract Fees 171641 Corporate Translation Services, LLC 19.83 09/12/2025 Translation Services- August 2025 171642 Databar Inc 2,258.01 09/12/2025 Utility Billing Invoices 171643 Evergreen Rural Water Of Wa 200.00 09/12/2025 Training 171644 Faber Industrial Supply 706.99 09/12/2025 Parts/Supplies Check Name Check Amount Check Date Invoice Description City of Moses Lake Checks Issued with Summary Description For September 23rd, 2025 Council Meeting 171645 Firouzi Construction & Dev Inc 41,000.00 09/12/2025 Lakeside Dr - Per Developer Agreement 171646 First Responder Outfitters, Inc 3,137.82 09/12/2025 Jumpsuit 171647 Flock Group, Inc 65,100.00 09/12/2025 Flock 171648 Galls LLC 305.60 09/12/2025 Uniform 171649 Genuine Parts Company, Inc.216.24 09/12/2025 Equipment Parts 171650 GMP Consultants 4,433.75 09/12/2025 Interim Fire Admin 171651 Grant County Port District #10 180.00 09/12/2025 Port Badge Renewals 171652 Grant County Port District #9 2,000.00 09/12/2025 Evoc Use Fee 171653 H D Fowler Company 492.42 09/12/2025 Parts/Supplies 171654 Haglund's Trophies, LLC 25.23 09/12/2025 Council Name Plate 171655 Helena Agri-Enterprises LLC 357.94 09/12/2025 Weed Chemicals 171656 Ibs Inc 81.36 09/12/2025 Parts/Supplies 171657 Inland Pipe & Supply Company 58.91 09/12/2025 Pool Supplies 171658 Kelley Create 368.67 09/12/2025 Equipment Contract Fees 171659 Kottkamp & Yedinak, P.L.L.C.1,330.00 09/12/2025 Drug Seizure Hearing 171660 LIFTNOW Automotive Equipment Corp.3,442.40 09/12/2025 Lift Inspections 171661 Lowes 3,976.34 09/12/2025 Lowes Parts Statement August 2025 171662 MIRO-TV 4,284.00 09/12/2025 LTAC Advertising 171663 Moon Security Services Inc 267.86 09/12/2025 Security Services 171664 Multi Agency Comm Center E911 52,826.62 09/12/2025 Law Calls Sept25 171665 North 40 Outfitters 306.71 09/12/2025 General Supplies 171666 Northstar Chemical Inc 7,060.15 09/12/2025 Sodium Hypochlorite - Wells 171667 Oreilly Auto Parts 66.56 09/12/2025 Purge Solenoid 171668 Oxarc Inc 1,156.52 09/12/2025 Co2 Bulk - Pool 171669 Perteet, Inc.869.00 09/12/2025 Sr 17/Yonezawa Blvd Gc2022-081 171670 Platt Electric 514.87 09/12/2025 Lamps/Leds 171671 Primary Arms, LLC 10,686.08 09/12/2025 Ammo 171672 Pud Of Grant County 138,463.25 09/12/2025 Electric Services 171673 Qcl Inc 582.00 09/12/2025 Random Employee Drug Testing 171674 Schindler Elevator Corp 401.45 09/12/2025 Elevator Maintenance 171675 Sherwin-Williams 533.17 09/12/2025 Paint/Paint Supplies 171676 Sirennet.Com 5,063.47 09/12/2025 Uc Vehicle 171677 Traffic Safety Supply Company 361.15 09/12/2025 Premark 171678 Turf Star Western 402.28 09/12/2025 Misc. Parts 171679 Ups Freight 155.60 09/12/2025 Weekly Service Fees 171680 Usa Blue Book 1,353.70 09/12/2025 Misc. Parts 171681 WA L&I Explosives 25.00 09/12/2025 License Fee 171682 Washington State Department of Ecology 23,643.50 09/12/2025 Wastewater Permit-Dunes 171683 Washington State Patrol 300.00 09/12/2025 Background Checks- Cpl'S 171684 Waste Mgt Recycle America Inc 3,678.28 09/12/2025 Commingle Loads 171685 Weaver Exterminating Srvc Inc 141.05 09/12/2025 Bi-Monthly Rodent Control 171686 Weinstein Beverage Company 544.83 09/12/2025 Restroom Supplies 171687 CHERYL THOMAS 191.30 09/17/2025 Refund Utility Overpayment 171688 CHRISTOPHER OR CATHY VOSS 165.33 09/17/2025 Refund Utility Overpayment Check Name Check Amount Check Date Invoice Description City of Moses Lake Checks Issued with Summary Description For September 23rd, 2025 Council Meeting 171689 DEBBIE OR LESLIE LOY 87.22 09/17/2025 Refund Utility Overpayment 171690 EMILY CADY 107.34 09/17/2025 Refund Utility Overpayment 171691 ERIC PIPER 116.38 09/17/2025 Refund Utility Overpayment 171692 ERIC PIPER 119.11 09/17/2025 Refund Utility Overpayment 171693 JOHN OR LYNETTE BEBEREIA 344.45 09/17/2025 Refund Utility Overpayment 171694 JOSE R. PEREZ GONZALEZ 447.67 09/17/2025 Refund Utility Overpayment 171695 KYLER HOLBROOK OR REBECCA COCHRAN 107.17 09/17/2025 Refund Utility Overpayment 171696 NELSON ROBLES 26.70 09/17/2025 Refund Utility Overpayment 171697 RICHARD SAUVAGE 132.88 09/17/2025 Refund Utility Overpayment 171698 RICHARD SAUVAGE 115.41 09/17/2025 Refund Utility Overpayment 171699 ROBERTA CHEVILLE 200.00 09/17/2025 Refund Utility Overpayment 171700 ROSARIO BERNHARDT 604.92 09/17/2025 Refund Utility Overpayment 171701 SHERRY MIEIRS 168.25 09/17/2025 Refund Utility Overpayment 171702 TBPM C/O DALTON 69.80 09/17/2025 Refund Utility Overpayment 171703 THOMAS OR KRISTEN LOS 165.48 09/17/2025 Refund Utility Overpayment 680,824.16$ Council Agenda Bill � Subject Surplus Sleep Center Units Resolution 4024 Department Community Development Presenter at the Meeting Lizabeth Murillo Busby, Housing and Grants Manager Packet Attachments (if any) List of Units-ODSC.docx Resolution 4024 Sleep Center units.doc 19.9KB 27KB Meeting Date: 9/23/2025 Proceeding Type Consent Agenda Proposed Council Action/Motion: Information Only Receive and File Discuss Provide Direction Public Hearing AdopUAppro ve Authorize Other Motion required. Agenda Item Number: 01-B Recommended Motion Staff recommends city council motion to authorize Resolution No. 4024 to declare real property owned by the City of Moses Lake as surplus and authorize the City Manager to execute the disposition of property. Summary/Background With the closure of the Open Doors Sleep Center now finalized, the City of Moses Lake no longer has a need for the associated Sleeping Units and storage sheds. These assets were originally purchased to support temporary emergency shelter operations, and with that program's conclusion, the subject properties are no longer required for municipal purposes. Per Council direction, the disposition of the sleeping units and storage units were not eligible for sale until September 1, 2025. In accordance with RCW requirements and the City's surplus property policies, Council may declare these items surplus, authorizing their disposal in a commercially reasonable manner. No interested community groups inquired about obtaining sleeping units for shelter purposes. Applicable methods of sale may include public auction, sealed bid, or negotiated sales, with the objective of recovering value for the City while ensuring transparency and compliance with municipal procedures Fiscal Consideration The sale of the surplus units is anticipated to generate one-time revenue for the City. Units 1-28, 30-38, and 2 storage sheds have all met their life expectancy per grant guidelines and have been allocated an estimated value of $300-$500, depending on condition. Based on preliminary assessments, the sale of the Sleep Center units could result in an estimated return of $12,000, subject to market demand, unit condition, and method of sale. City Council Priorities or Budget Objectives Addressed Preamble: The City's top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City's infrastructure, complying with state and federal mandates, and safeguarding the City's finances. #1 -Achieve Financial Sustainability #2 -Secure Sustainable and Reliable Municipal Water Sources #3 -Improve the City's Image and Reputation #4 -Fire Department Service Delivery Model and Third Fire Station #5 -New Police Station #6 -Second Lake Crossing #7 -WSDOT Highway Projects in Moses Lake Reviewed and Approved by: ---------------------------------------------- City Manager -Rob Karlinsey on 9/19/2025 City Attorney -Katherine Kenison on 9/18/2025 Community Development -Vivian Ramsey on 9/19/2025 Sleep Center Units UNIT YEAR PURCHASED CONDITION ESTIMATED VALUE ELIGIBLE FOR SALE 1 2020 FAIR $300 YES 2 2020 FAIR $300 YES 3 2020 FAIR $300 YES 4 2020 FAIR $300 YES 5 2020 FAIR $300 YES 6 2020 FAIR $300 YES 7 2020 FAIR $300 YES 8 2020 FAIR $300 YES 9 2020 FAIR $300 YES 10 2020 GOOD $400 YES 11 2020 FAIR $300 YES 12 2020 FAIR $300 YES 13 2020 FAIR $300 YES 14 2020 FAIR $300 YES 15 2020 FAIR $300 YES 16 2020 FAIR $300 YES 17 2020 FAIR $300 YES 18 2020 FAIR $300 YES 19 2020 FAIR $300 YES 20 2020 FAIR $300 YES 21 2020 FAIR $300 YES 22 2020 FAIR $300 YES 23 2020 GOOD $400 YES 24 2020 FAIR $300 YES 25 2020 FAIR $300 YES 26 2020 FAIR $300 YES 27 2020 FAIR $300 YES 28 2020 GOOD $400 YES 29 2025 EXCELLENT N/A NO 30 2020 FAIR $300 YES 31 2020 FAIR $300 YES 32 2020 FAIR $300 YES 33 2020 FAIR $300 YES 34 2020 FAIR $300 YES 35 2020 FAIR $300 YES 36 2022 GOOD $400 YES 37 2022 GOOD $400 YES 38 2022 GOOD $400 YES Units 1-35 purchased at $1995 each Units 36-39 purchased at $3266 each Storage units purchased at $1770 each Unit 29 replaced in 2025 and purchased at $3266 (not eligible for sale due to grant guidelines of life expectancy of 3 years) STORAGE 2021 EXCELLENT $500 YES STORAGE 2021 EXCELLENT $500 YES RESOLUTION NO. 4024 A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY OF THE CITY OF MOSES LAKE SURPLUS TO THE NEEDS OF THE CITY AND DIRECTING ITS DISPOSAL IN A COMMERCIALLY REASONABLE MANNER Recitals: 1. The below described personal property of the city is surplus to the needs of the city and may be declared surplus to the needs of the city. 2. The fair market value will be determined for the surplus property, and its disposal shall be in a commercially reasonable manner. Resolved: 1. The following described personal property is declared to be surplus to the needs of the city: OPEN DOORS SLEEP CENTER UNITS NUMBERED 1-28, 30-38 AND (2) TWO STORAGE UNITS The surplus property shall be sold in a commercially reasonable manner. ADOPTED by the City Council of the City of Moses Lake, Washington, this 23rd day of September 2025. ___________________________________ Dustin Swartz, Mayor ATTEST: _______________________________ Debbie Burke, City Clerk MASTER PRODUCT AND SERVICES AGREEMENT STATEMENT OF WORK A-1 PROJECT (“PROJECT SITE”) EFFECTIVE DATE: Date Both Parties Have Signed CUSTOMER: City of Moses Lake, WA, a WA State Municipal Corporation PALLET PBC (“PALLET”) Contact Name Kevin Fuhr Mailing Address 321 S. Balsam Street, PO Box 1579 Moses Lake, WA 98837 1930 Merrill Creek Pkwy, Suite A Everett, WA 98203. Email Address kfuhr@cityofml.com> Telephone 509-764-3702 425-595-4544 UBI/Business License No. 603 622 031 Federal Tax I.D. 8 2 - 1 5 1 6 7 2 2 Product Purchase and Sale: Quantity and Type of Products Purchased: Purchase Price for Products: Total Purchase Price: $524,024 Customer Designated Ship Date: No later than 6/15/24 Description of Services: Pallet shall perform the following Services for the Project: Manufacturing Shelters and Shipping and onsite assembly of Shelters and accessories at Customer’s Project Site. Price for Services Shipping: $16,000 Assembly: $44,000 Tax: $49,058.07 Total Cost: $633,082.07 Payment Terms: 50% total contract cost upon signing, remaining product, and shipping cost upon shipping, and remaining cost for onsite assembly services upon completion of those services. Customer shall pay the Purchase Price via wire transfer in accordance with the instructions contained in Pallet’s invoice. All prices are in U.S. dollars. Funding Source: Document Ref: PGVKS-QHNQX-XJBM2-ON2WK Page 1 of 13 COML Council Packet 9-23-25, page 16 of 79 Terms and Conditions: This Statement of Work is subject to the Terms and Conditions attached to Statement of Work A-1 executed by the parties, which are incorporated herein by reference. Any and all documents, notes, memoranda or attachments made pursuant hereto are incorporated herein and made a part of this Statement of Work. PALLET PALLET PBC a Delaware Public Benefit Corporation By: Amy King, President Date: ______________________________ CUSTOMER CITY OF MOSES LAKE, WA a Washington State Corporation By: Date: _______________________________ 2024-03-27 2024-03-27 Document Ref: PGVKS-QHNQX-XJBM2-ON2WK Page 2 of 13 COML Council Packet 9-23-25, page 17 of 79 MASTER PRODUCT AND SERVICES AGREEMENT TERMS AND CONDITIONS 1. Terms and Conditions; Change Order. (a) Terms and Conditions. As of the Effective Date set forth in an applicable Statement of Work (the “SOW”), of which these Terms and Conditions are attached and incorporated into by reference (these “Terms”), Pallet hereby agrees to: (i) manufacture and sell to Customer temporary emergency shelters commonly known as “Pallet Shelters™”(the “Shelters”) and supply related products, items and accessories (collectively with the Shelters, the “Products”) in accordance with the applicable SOW; and (ii) provide certain specialized installation and assembly services of the Products through its representatives or Subcontractors to and for the benefit of Customer (the “Services”), each as set forth in the applicable SOW for the project site described in the SOW (the “Project Site”), and Customer shall purchase the Products and Services in accordance with these Terms. For each SOW executed between Customer and Pallet, such SOW shall: (i) be numbered consecutively (e.g., A-1, A-2, A-3, etc.); (ii) expressly state that it is subject to the terms and conditions of these Terms; and (iii) be signed by both parties. As consideration for Products delivered and Services to be rendered by Pallet under these Terms, Customer shall pay to Pallet the “Purchase Price” for the Products and all “Fees” for the Services. (b) Change Order. Subject to the terms and conditions of these Terms and the SOW, changes to any SOW can only be made by mutual written agreement of the Customer and Pallet (each, a “Change Order”). Any changes in the scope, timeframe, or any request for additional Services or Products that are not agreed to in the initial SOW may increase any estimated timeline for delivery of the Services or Products in such SOW. If Customer requests a Change Order, Pallet, in its sole and exclusive discretion, will determine whether it can comply with the requested changes and whether such changes would cause an increase in the price, Fees, and costs associated with the Services or Products, the time required to complete the Services or deliver the Products, or the effect on the performance of any part of the SOW. Descriptions and prices for Pallet’s Products and Services are subject to change at any time and from time to time, in its sole and exclusive discretion, without notice. 2. Purchase Price; Fees. Payment of the purchase price for the Products (the “Purchase Price”), and the fees, costs and expenses for Pallet’s Services (collectively, the “Fees”) will be made in accordance with the applicable SOW. All prices are in U.S. dollars. Pallet shall invoice the Customer for its Products delivered and Services performed on a periodic basis as set forth in the applicable SOW. With the exception of any deposit, which is due upon signing this Agreement, and unless otherwise stated herein or in an applicable SOW, Customer shall pay all amounts invoiced from Pallet to Customer within thirty (30) days of the Customer’s receipt of the invoice. Customer shall promptly pay to Pallet any and all Fees and prepaid expenses reasonably incurred by Pallet in connection with the performance of the Services, including, without limitation, transportation, tickets, travel change fees, hotel costs, or any other purchases (the “Prepaid Expenses”) in accordance with the applicable SOW. Pallet may, in its sole and exclusive discretion, charge a Customer interest on any overdue invoice amounts at the rate of 1.5% per month (or the highest rate permitted by applicable law) and may terminate, and/or suspend its Services for amounts remaining unpaid for greater than thirty (30) days from the date payment is due. 3. Term; Termination. The term of these Terms shall extend from the Effective Date through the completion of all Services as set forth in the applicable SOW (the “Term”), subject to the following termination provisions. Pallet may terminate any SOW and these Terms, in whole or in part, for “Cause” upon not less than thirty (30) days prior written notice to Customer, so long as Customer’s breach is not cured within 10 calendar days’ of receipt of written notice. For purposes of these Terms, “Cause” includes, but is not limited to, any of the following: (a) a material breach of these Terms or any SOW by Customer, including, without limitation, any non-payment of the Purchase Price, or any Fees when due; (b) any violation by Customer of any applicable federal, state and local laws, rules, orders, codes and regulations (collectively, “Laws”); or (c) if Customer is voluntarily or involuntarily dissolved, or is adjudged to be Bankrupt or is subject to a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of Customer’s insolvency. For the purpose of this Section, “Bankrupt” shall mean the filing of a voluntary or involuntary petition of bankruptcy or similar relief from creditors, insolvency, the appointment of a trustee or receiver, or any similar occurrence reasonably indicating an imminent inability to perform substantially all of the Customer’s duties under these Terms or any SOW. Upon any early termination of Document Ref: PGVKS-QHNQX-XJBM2-ON2WK Page 3 of 13 COML Council Packet 9-23-25, page 18 of 79 these Terms or otherwise, Pallet shall submit to Customer a detailed invoice of any Purchase Price remaining unpaid, and all Fees incurred to date, and Customer shall promptly pay the unpaid balance of the Purchase Price and all Fees within ten days of receipt. 4. Products; Shipment of Products. (a) Purchase of Products. As consideration for the sale of the Products, the Customer shall pay to Pallet the total Purchase Price as set forth on the SOW. The Purchase Price is exclusive of any sales, use or privilege tax, personal property taxes, excise tax or any similar tax or charge that might be levied as a result of the production, sale or shipment of any Products, the use of the Products by Customer or the provision of Services (the “Taxes”). Customer agrees to pay and shall be solely responsible for any and all such Taxes (excluding taxes based on Pallet’s net income). Pallet shall have the option, but not the obligation, to pay any such Taxes directly, in which event Customer shall promptly reimburse Pallet in the amount thereof upon presentation by Pallet to Customer of evidence of payment. (b) Shipment of Products. Pallet will use its commercially reasonable efforts to deliver the Products to the Customer at the Project Site on the date of delivery as set forth in the SOW. Notwithstanding the foregoing, Pallet will notify the Customer of any delays that may affect the estimated delivery date of the Products. If Pallet notifies Customer in accordance with these Terms, Pallet shall be afforded at least ten (10) additional days beyond the ship date identified in the SOW to deliver the Products. Unless otherwise set forth in an SOW, Pallet shall be responsible for arranging for and coordinating the shipment of the Products to the Customer. Shipping dates, if any, set forth in the applicable SOW are approximate only and merely represent Pallet's best estimate of the time required to make shipment of the Products. (c) Delivery; Risk of Loss. Delivery of the Products to Customer will be F.O.B. delivery to Customer’s Project Site. All Products will be prefabricated at Pallet’s factory headquarters and shipped flat-packed in individual panels to the designated Project Site. Pallet will not “drop ship” to any other location other than Project Site. Unless otherwise instructed in writing by Customer, Pallet will have the sole and exclusive right to select the carrier for the shipment and delivery of the Products. Title and risk of loss to the Products purchased under these Terms shall pass to Customer upon delivery thereof to the carrier. Pallet shall not be liable for any loss or expense incurred by Customer as a result of any delay in delivery for any reason other than arbitrary refusal of Pallet to perform. Pallet may deliver the Products in installments. (d) Delay of Product Delivery. If any shipment or delivery of Products to the Customer is delayed at Customer's request or due to the Customer’s inability to take possession of the Products (for any reason other than Pallet’s arbitrary decision not to perform), risk of loss to such Products shall pass to Customer on the date Pallet is prepared to ship the Products to the Customer. In addition to the foregoing, Pallet shall have the right, in its sole and exclusive discretion, to: (i) invoice the Customer for the Purchase Price of such Products, and such invoice shall be due upon receipt; (ii) unilaterally increase the Purchase Price and Fees due from Customer to Pallet due to any changes or increases in the same since the execution of the initial SOW, and Customer shall be responsible and liable to pay such increase; (iii) store the Products at a location acceptable to Pallet, and charge the Customer all costs and expenses associated with such storage and with transport to such storage site, F.O.B. Pallet’s factory, which Customer shall promptly reimburse to Pallet upon receipt of an invoice for the same; and/or (iv) require the Customer to arrange for and cover all costs and expenses related to the shipment of the Products from the applicable storage location to the Project Site, all transport F.O.B. Pallet’s factory. (e) Inspection; No Refunds. Upon delivery of the Products, Customer shall promptly inspect all Products. Unless a written claim from Customer to Pallet rejecting one or more Products (a “Rejection Notice”) is made and delivered to Pallet within twenty-one (21) days from the date of delivery of the Products, the Customer agrees that it shall have knowingly, irrevocably and unconditionally accepted all Products as-delivered, as-is and with all faults and defects, subject to Customer’s rights under the Limited Warranty. Such Rejection Notice must specify in detail: (i) the total amount of Products that the Customer is rejecting; (ii) the specific details of the reason for rejection, including specific defective parts and pictures, videos, and reports of the alleged defect in the Products; and (iii) whether the alleged defects breach any express warranty of Pallet. Pallet must be provided a reasonable Document Ref: PGVKS-QHNQX-XJBM2-ON2WK Page 4 of 13 COML Council Packet 9-23-25, page 19 of 79 opportunity to inspect, examine and investigate the alleged defective Products and an opportunity to cure. Pallet may also require the Customer to send back the alleged defective Product before it determines whether any replacement Product or repair service will be provided. If the returned Product is determined to be defective, Pallet shall pay the return shipping costs in this instance. In the case of any Products manufactured or supplied by any other person, entity or business (“Third-Party Products”) covered by the warranty of another supplier or manufacturer, Pallet will submit the existing supplier’s or manufacturer’s warranty to the Customer to the extent reasonably possible, but shall have no liability or responsibility to repair or replace such Third-Party Product. As promptly as possible after receipt by Pallet of the Rejection Notice, Pallet shall report its findings of its investigation of the alleged Defect to the Customer. Provided Pallet determines the alleged defect is covered by Pallet’s Warranty, Pallet shall notify Customer of its election to repair or replace said properly rejected Products and shall prepay transportation charges for any shipment of replacement Products back to Customer; provided, however, no refunds shall be given for any defective Products unless otherwise determined by Pallet in its sole and exclusive discretion. 5. Limited Warranty of Pallet. Seller agrees to warrant select Products in accordance with the terms of its standard limited warranty (the “Limited Warranty”), as modified by Pallet from time-to-time in Pallet's sole and exclusive discretion. Pallet’s current form of Limited Warranty can be found here: www.palletshelter.com/warranty. In the event the Products that are warranted under the terms of the Limited Warranty fail to comply with Pallet’s Limited Warranty and Customer timely reports such failure in accordance with these Terms, Pallet's sole obligation to Customer shall be limited to the repair or replacement, at Pallet’s sole and exclusive option, in accordance with the Limited Warranty. Customer acknowledges and agrees that this Limited Warranty extends only to Customer, and does not extend to any subsequent owner, transferee, assignee or user/resident of the Products; provided, however, this Limited Warranty may be assigned to a subsequent owner, transferee or assignee of the Products, subject to Customer’s compliance with Section 12(c), below. 6. Customer’s Duties. (a) Customer shall fully cooperate with Pallet in its delivery of the Products and performance of the Services, and provide to Pallet true, complete and correct copies of all reasonably requested documentation or information reasonably necessary, desirable or required by Pallet in connection with the delivery of the Products and performance of the Services. Customer shall cooperate in good faith with Pallet to provide Pallet with reasonable access to any Customer facilities, officers, directors, employees, contractors, officials, or affiliates as reasonably necessary or desired by Pallet in connection with the performance of the Services. Customer represents and warrants that all documents, disclosures, information and other materials provided by the Customer to Pallet in connection with the Services, including, without limitation, all third-party documents, disclosures, and/or information, are true, complete, correct, non-infringing and not materially misleading in any way. Customer represents and warrants that the individual executing the SOW on its behalf has all necessary, legal and requisite power and authority to execute, deliver the SOW and perform these Terms on behalf of the Customer, and all other agreements and instruments to be executed and delivered in connection with these Terms. (b) While Pallet will provide the Products and Services set forth herein, Customer shall be solely and exclusively responsible and liable for: (i) ensuring that all transactions, documents and operations in connection with these Terms, including, without limitation, all operations at the Project Site, are in compliance with all applicable Laws; (ii) procuring and maintaining all applicable permits, certifications, licenses and approvals necessary under all applicable Laws for the delivery and use of all Products and performance of all Services, including but not limited to, consultation with, inspections, and approvals from local building officials and fire authorities regarding site layout and shelter spacing; (iii) cleaning and maintaining the Products, including, without limitation, by following all user manuals, cleaning instructions and Product manuals provided by Pallet to Customer; (iv) ensuring the safety of the Products (including, without limitation, protecting, monitoring and maintaining all fire extinguishers, smoke detectors, electrical panels, keys, door locks, door handles and entrances to the Shelters), the Product’s end users and residents and the Project Site after the completion of the applicable Services; and (v) to the extent Customer uses its own Representatives to perform any assembly or installation of any Products, the acts, errors, omissions, negligence or misconduct of Customer and its Representatives in connection herewith. Document Ref: PGVKS-QHNQX-XJBM2-ON2WK Page 5 of 13 COML Council Packet 9-23-25, page 20 of 79 (c) Pallet will assemble the Products into shelters; however, it shall have no responsibility for any Services not expressly set forth herein, including site grading, shelter leveling, electrical or plumbing connections, or staking units to the ground. Customer shall have the responsibility to provide: (i) site grading or platforms with all sleeping shelter installation surfaces within 1/2” of level; (ii) a site map clearly indicating the location and placement of each shelter, including the direction the shelter should be facing; (iii) a telehandler forklift with lifting capacity of at least 6,000 pounds and 8-foot forks for all structures, including all sleeping units (64, 70, 120SQFT) and community rooms (400 and 800SQFT); (iv) a secure worksite with onsite security for the duration of the assembly and appropriate warnings for any non-obvious dangers, e.g., unmarked open trenches; (v) access to an appropriate dumpster for refuse; (vi) access to an onsite bathroom compliant with OSHA; (vii) Customer shall provide licensed contractors to perform electrical and plumbing hook-ups; and, (viii) for purchase of hygiene or laundry units, Customer shall be responsible to unload these units from the delivery trucks, to install toilets, sinks, heater/ac in hygiene units, and to procure and install washer/dryers in the laundry units. Further, Customer shall communicate to Pallet a date upon which its site is prepared and ready for shelter assembly (“Assembly Date”). Customer acknowledges and agrees that Pallet will incur expenses and allocate resources in reliance on and in preparation for the Assembly Date that Customer provides. Customer shall not change the Assembly Date with less than 14 days’ notice to Pallet. In the event Customer cancels or postpones the Assembly Date with less than 14 days’ notice, Customer shall be responsible for any fees, penalties, or other non-refundable charges, plus an administrative surcharge equal to 10% of the assembly fees to compensate Pallet for the misallocation of resources and for opportunities lost in reliance on Customer’s Assembly Date. Any failure by Customer to perform any of sub-parts (i) – (vii) prior to Pallet’s arrival to assemble shelters may result in a Change Order reflecting lost time for the period of delay at a rate of $85 per hour per Pallet employee on site, if it is commercially reasonable for Pallet to wait for the site to be adequately prepared, or, if it is not commercially reasonable for Pallet to wait for the site to be adequately prepared, Customer shall pay the costs associated with return travel for Pallet employees. At the conclusion of the project, Customer shall make available on site a duly authorized representative to participate in a walk through and inspection of the assembled units and sign off on a document denoting satisfactory completion or identifying items to be completed prior to satisfactory completion. Customer acknowledges and agrees that any failure to provide an authorized party to participate in the final walk through and inspection may render Pallet’s warranty null and void, at Pallet’s sole and absolute discretion, and shall waive any future right to claim any defect in the work performed or goods provided. (d) Customer acknowledges and agrees that it has received and reviewed Pallet’s Village Dignity Standards in the form attached hereto as Exhibit 1 (the “Dignity Standards”). Customer agrees that it shall use its reasonable best efforts acting in good faith to comply with, and cause its employees, agents, contractors, volunteers, Project Site managers and service providers (collectively, “Representatives”) to comply with, the Dignity Standards for the Project Site and in connection with its use, maintenance and safety of the Products. Customer shall be primarily responsible and liable for any of its Representatives’ adherence to the Dignity Standards in accordance with the terms herein. Customer represents and warrants that it has sufficient resources to comply with and adhere to the Dignity Standards and shall maintain sufficient resources at all times while it owns or licenses the Products to comply with the Dignity Standards. Customer acknowledges that its duties and obligations within this Section 6(d) are a material inducement for Pallet to enter into these Terms and for Pallet to execute the SOW, and that any failure by Customer or its Representatives to adhere to the provisions in this Section 6(d) shall constitute a material breach of these Terms. In the event of a material breach of this Section 6(c), and Pallet’s receipt of notice or knowledge of the same, Pallet may send written notice to Customer detailing the terms of the material breach and the actions that Pallet requires Customer to take in order to cure such material breach. Customer shall take such corrective actions as proscribed by Pallet within ten (10) days of its receipt of Pallet’s notice to cure. If Customer fails to take corrective action to Pallet’s reasonable satisfaction, Customer acknowledges and agrees that Pallet shall have all rights and remedies under these Terms, and at law and in equity. The terms and conditions of this Section 6 shall survive the delivery of the Products or any earlier termination or expiration of these Terms or any SOW. Customer acknowledges and agrees that Pallet shall not be liable for any failure by Customer to comply with the Dignity Standards in whole or in part. (e) Customer hereby agrees to: (i) utilize its reasonable best efforts in performing and fulfilling its obligations hereunder; (ii) treat all end users or residents of the Products equitably, with respect, and shall not discriminate unlawfully among them in any manner; (iii) ensure that all Products reach applicable Representatives Document Ref: PGVKS-QHNQX-XJBM2-ON2WK Page 6 of 13 COML Council Packet 9-23-25, page 21 of 79 with any literature, warranties, standards/guidelines (including Dignity Standards), disclaimers and applicable licenses provided by Pallet intact; and (iv) conduct its business in a manner that will reflect favorably on Pallet and its image, credibility, good name, goodwill and reputation. Customer recognizes the great and material value of the goodwill associated with the Pallet trademarks, service marks, logos and brands (collectively, the “Pallet Marks”) associated with the Products, and acknowledges that such goodwill belongs and inures solely to Pallet and that such Pallet Marks have secondary meaning in the minds of the public. Customer recognizes that the nature of the business of Pallet requires public respect for and trust in the reputation and integrity of Pallet and its Products. 7. Subcontractors. Subject to the terms and conditions of these Terms, Customer hereby grants to Pallet the right to assign its rights, duties or obligations under these Terms to its partners, joint venturers, contractors, agents and subcontractors (collectively, “Subcontractors”) with respect to the performance of Services only, on a per Project basis, subject to the limitation set forth in these Terms and any SOW. In the event of the termination or expiration of these Terms, all subcontract rights will terminate effective as of the termination or expiration of these Terms. 8. Relationship of the Parties; Independent Contractor. These Terms are intended to create an independent contractor relationship between the Parties. Nothing contained herein shall be construed to: (i) give either Party the power to direct or control the day-to-day activities of the other; (ii) constitute the Parties as partners, joint venturers, co-owners or otherwise as participants in a joint or common undertaking; or (iii) allow either Party to create or assume any obligation on behalf of the other Party for any purpose whatsoever, including, without limitation, representations, contractual obligations, or obligations based on warranties or guarantees. Pallet shall have and retain sole and exclusive control over the time, place and manner in which it performs the Services. 9. Indemnification; Indemnification Procedure. (a) Indemnification. EACH PARTY (“INDEMNIFYING PARTY”) shall indemnify, defend, and hold THE OTHER PARTY, and its officers, directors, owners, employees, affiliates, subsidiaries, Subcontractors, successors and assigns (collectively, the “indemnified Parties”) harmless from and against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and the cost of enforcing any right to indemnification hereunder (collectively, “Losses”) arising out of or resulting from any third party claim, suit, investigation, action, or other proceeding (each, an “Action”) related to or arising out of or resulting from: (i) THE INDEMNIFYING PARTY’s breach of any representation, warranty, covenant, or obligation under these Terms or any SOW; (ii) any gross negligence, willful misconduct, violation of Law or any acts, errors or omissions of INDEMNIFYING PARTY or any of INDEMNIFYING PARTIES’ Product users and/OR Representatives, including, without limitation any errors, acts or omissions in violation of these Terms, or any applicable Law; (iii) INDEMNIFYING PARTIES’ assembly, installation or use of the Products at the Project, or any injury to any person or property related thereto, including, without limitation, any installation, maintenance or use that is in violation of the policies, procedures, guides or instructions provided by Pallet to Customer; and (iv) any of the foregoing which causes ANY INDEMNIFIED PARTY to breach any agreement with any Subcontractor. (b) Indemnification Procedure. The Indemnified Partyshall promptly notify the Indemnifying Partyin writing of any Action and cooperate with the Indemnified Party at the Indemnifying Party’s sole cost and expense. The Indemnifying Party shall immediately take control of the defense and investigation of the Action and shall employ counsel reasonably acceptable to the Indemnified Party to handle and defend the Action, at the Indemnifying Party’s sole cost and expense. The Indemnifying Party shall not settle any Action in a manner that adversely affects the rights of the Indemnified Party without the Indemnified Party’s prior written consent, which consent may not be unreasonably withheld or delayed. The Indemnified Party’s failure to perform any obligations under this Section 9(b) will not relieve the Indemnifying Party of its obligation under this Section except to the extent the Indemnifying Party can demonstrate that it has been materially prejudiced as a result of the failure. The Indemnified Party may participate in and observe the proceedings at its own cost and expense with counsel of its own choosing. (c) The Parties specifically and expressly waive any immunity that may be granted them under the Washington State Industrial Insurance Act, Title 51 RCW, or any other applicable Workers Compensation act. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on Document Ref: PGVKS-QHNQX-XJBM2-ON2WK Page 7 of 13 COML Council Packet 9-23-25, page 22 of 79 the amount or type of damages, compensation or benefits payable to or for any third party under workers’ compensation acts, disability benefit acts, or other employee benefits acts. 10. Insurance. During the Term, Pallet shall use commercially reasonable efforts to obtain and maintain in effect one or more policies of insurance with reputable insurance companies with respect to its Services and business against loss or damage of the kinds customarily insured against by business or entities engaged in the same or substantially similar business, of such types and in such amounts (after giving effect to any self-insurance customary for similarly situated entities engaged in the same or similar businesses as Pallet) as are customarily carried under similar circumstances by such other businesses or entities. Pallet shall provide copies of certificates evidencing each such policy of insurance applicable to the Services provided by Pallet to Customer upon request. 11. No Warranties; Limitation of Liability; Assumption of Risk . (a) No Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, PALLET HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, EITHER IN FACT OR BY OPERATION OF LAW, INCLUDING: (I) ANY WARRANTIES REGARDING ANY PRODUCT OR ANY SERVICES PROVIDED BY PALLET AND ANY OTHER TECHNICAL INFORMATION, TECHNIQUES, MATERIALS, METHODS, PRODUCTS, PROCESSES, OR PRACTICES MADE AVAILABLE BY PALLET; (II) ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (III) WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE; AND (IV) ANY WARRANTIES REGARDING ANY PRODUCT’S COMPLIANCE WITH ANY APPLICABLE LAWS, INCLUDING, WITHOUT LIMITATION, ANY APPLICABLE BUILDING CODES. WITHOUT LIMITATION TO THE FOREGOING, PALLET WILL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED ON CUSTOMER OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM ANY INJURY CAUSED TO ANY PERSON OR PROPERTY BY CUSTOMER OR ANY CUSTOMER PARTY. NO EMPLOYEE, SUBCONTRACTOR OR REPRESENTATIVE OF PALLET IS AUTHORIZED TO MODIFY ANY PALLET WARRANTY WITHOUT THE EXPRESS WRITTEN CONSENT OF PALLET’S PRESIDENT. (b) Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, PALLET WILL NOT BE LIABLE TO CUSTOMER, OR ANY CUSTOMER PARTY OR ANY OTHER PERSON FOR ANY INJURY TO OR LOSS OF GOODWILL, BUSINESS, OR OPPORTUNITIES (REGARDLESS OF HOW THESE ARE CLASSIFIED AS DAMAGES), OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE (INCLUDING THE ENTRY INTO, PERFORMANCE, OR BREACH OF THESE TERMS), REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE OR THE PARTY AGAINST WHOM SUCH LIABILITY IS CLAIMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL PALLET’S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY OR DUE FROM CUSTOMER UNDER THE APPLICABLE SOW (WHICHEVER IS LESS) IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. (c) Assumption of Risk; Waiver and Release. Subject to the terms and conditions of the applicable SOW, should Customer choose to use its own services to assemble and/or install some or all of the Products, including, without limitation, the applicable Shelters manufactured by Pallet, then Customer hereby knowingly and voluntarily acknowledges and agrees that its election to assemble and/or install its own Products involves serious risks, including, without limitation, and by way of example only: dangers encountered when assembling or installing the Products, risks arising out of failing to wear proper safety equipment, failure to follow and adhere to applicable Document Ref: PGVKS-QHNQX-XJBM2-ON2WK Page 8 of 13 COML Council Packet 9-23-25, page 23 of 79 installation or assembly instructions, risks associated with the applicable Project, property loss or damage, bodily injury, paralysis, death, theft, as well as the conduct, actions, inactions or omissions of any third parties. Where Customer chooses to use its own services to assemble and/or install some or all of the Products, then, acknowledging the above, CUSTOMER HEREBY VOLUNTARILY ACKNOWLEDGES AND ASSUMES ALL RISKS BOTH KNOWN AND UNKNOWN TO CUSTOMER AND ANY CUSTOMER PARTY, RELATING IN ANY WAY TO CUSTOMER’S OR ANY CUSTOMER PARTY’S KNOWING AND VOLUNTARY ASSEMBLY OR INSTALLATION OF THE PRODUCTS. Where Customer chooses to use its own services to assemble and/or install some or all of the Products, then, to the maximum extent permitted by applicable law, Customer HEREBY FOREVER, KNOWINGLY AND IRREVOCABLY WAIVES, RELEASES, DISCHARGES, AND RELINQUISHES any and all rights, claims, liability, losses, costs, damages, or causes of action of any and every kind whatsoever which Customer may have, had or could have against Pallet or any Pallet Party arising out of, or related in any way, directly or indirectly, to Customer’s assembly or installation of the Products, or any negligent conduct, actions, inactions or omissions of any Pallet Party related thereto (collectively, the “Released Claims”). Such Released Claims include, but are not limited to, any and all injury, loss, death, bodily harm or other damages to Customer or any Customer Party. 12. Miscellaneous. (a) Entire Agreement; Conflicts. These Terms and the applicable SOWs, collectively represent the full, final and comprehensive agreement and understanding of the Parties and any modification thereof shall not be effective unless contained in writing and signed by both Parties. Any prior or contemporaneous agreements, whether oral or written, relating to the subject matter discussed herein have been merged into these Terms. In the event of any conflict between the terms and provisions of these Terms and those of any SOW or other document, the following order of precedence will govern: (i) the most recent Change Order shall control over any other Change Order, SOW or these Terms; and (ii) the most recent SOW shall control over any prior SOW or these Terms. (b) Severability. Each provision of these Terms shall be considered severable such that if any one provision or clause conflicts with existing or future applicable law, or may not be given full effect because of such law, this shall not affect any other provision of these Terms that can be given effect without the conflicting provision of clause; provided however, that such provision shall be modified, to the minimum extent possible and necessary, to be enforceable to the fullest extent and in compliance with any such applicable laws, prior to it being severed from these Terms in its entirety. (c) Assignment; Third-Party Beneficiaries. Customer may assign an applicable SOW and these Terms (and the Limited Warranty associated herewith) to a subsequent owner, transferee or assignee of the Products herein, provided that the Customer: (i) provides prior written notice of the proposed assignment to Pallet; and (ii) receives the prior written consent of Pallet to the proposed assignment, which may be withheld in Pallet’s sole and exclusive discretion. As a condition to Pallet’s approval, if given, any potential assignee otherwise approved by Pallet shall assume all obligations of Customer under these Terms (including the Limited Warranty) and each applicable SOW, and shall be jointly and severally liable with the initial Customer, if required by Pallet, for the payment of all Fees and performance of all obligations of Customer under these Terms and any applicable SOW. In connection with any proposed assignment, Customer shall provide Pallet with copies of all assignment and assumption instruments, and any other documentation reasonably requested by Pallet. Any attempted assignment of these Terms or any SOW that does not comply with this Section 12(c) shall be null, void and of no force or effect whatsoever. These Terms are for the sole benefit of the Parties and their respective successors and permitted Assigns and nothing herein, express or implied, including specifically the duties and obligations set forth in Section 6(c), is intended to or will confer upon any other person, governmental entity, business or entity, any legal or equitable right, benefit, or remedy of any nature whatsoever, under or by reason of these Terms. (d) Governing Law; Venue; Arbitration; Equitable Relief. (i) Governing Law; Venue. Subject to Section 12(d)(ii), below, these Terms, any SOW and any Change Order shall be governed by and construed in accordance with the domestic laws of the state of Washington without giving effect to any choice of law or conflict of laws provision or rule (whether of the state of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the state of Document Ref: PGVKS-QHNQX-XJBM2-ON2WK Page 9 of 13 COML Council Packet 9-23-25, page 24 of 79 Washington. The Parties hereto agree that the exclusive jurisdiction and venue for any action brought between the Parties under these Terms shall be the Superior Court for Grant County, Washington, or the federal courts residing in the Eastern District of Washington, and each of the Parties hereby agrees and submits itself to the exclusive jurisdiction and venue of such courts for such purpose. In the event of any litigation between the Parties hereto arising out of these Terms, the prevailing Party shall be allowed all reasonable attorneys’ fees, court costs and expenses incurred in such litigation, including all such expenses incurred on appeal, together with all reasonable costs and disbursements necessary to enforce these Terms. (ii) Arbitration. The parties will first make a good faith effort to settle by negotiation any dispute regarding these Terms. If a settlement has not been reached within fifteen (15) days of commencing that negotiation, then either party may submit the dispute to arbitration administered by the Judicial Arbitration Mediation Service (“JAMS”). There will be one arbitrator selected by the parties within ten (10) days of the notice of the arbitration demand or, if not, by JAMS, from its list of approved arbitrators with experience in hearing related cases. JAMS’ “Streamlined Arbitration Rules & Procedures” shall apply to all other claims involving less than $250,000. All other claims shall be determined in accordance with JAMS Comprehensive Arbitration Rules and Procedures. The award rendered by the arbitrator shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction, and any court where a party or its assets is located (to whose jurisdiction the parties’ consent for the purpose of enforcing the award). However, this Section will not apply to (A) actions for equitable relief, or (B) actions to enforce or appeal any arbitration award. In any action under the preceding clause (A) or (B), each party waives any right to a jury trial. The arbitrator shall apply substantive law and may award reasonable attorneys’ fees and costs to the substantially prevailing party consistent with these Terms. The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. (iii) Equitable Relief. Each Party acknowledges that a material breach by the other Party of these Terms may cause the non-breaching Party irreparable harm, for which an award of damages would not be adequate compensation and, in the event of such a material breach or threatened breach, the non-breaching Party will be entitled to seek equitable relief, including in the form of a restraining order, orders for preliminary or permanent injunction, specific performance, and any other relief that may be available from any court, and the Parties hereby waive any requirement for the securing or posting of any bond or the showing of actual monetary damages in connection with such relief. These remedies are not exclusive but are in addition to all other remedies available under these Terms at law or in equity, subject to any express exclusions or limitations in these Terms to the contrary. (e) Survival. The provisions of Sections 2, 3, 4(d), 5, 6, 8, 9, 11 and 12 shall survive the termination or expiration of these Terms. (f) Notices. Any notice required or permitted by these Terms shall be in writing and delivered in person, sent by documented overnight delivery service, mailed by certified or registered mail, postage prepaid, or sent via email to the appropriate designated address of the intended recipient, transmission verification required, to the appropriate Party or Parties at the addresses referenced in the applicable SOW, or to such other address as the Parties may hereafter designate to the other in writing. (g) Force Majeure. A Party (referred to in this Section as a “Force Majeure Party”) shall be excused from the performance of its applicable obligation(s) under these Terms (other than the payment of any monies owed to the other Party, including, without limitation, any Purchase Price or Fees) to the extent that such performance is made commercially impracticable, illegal, or impossible by an event of Force Majeure that is beyond the Force Majeure Party’s reasonable control, and the Force Majeure Party provides written notice of the prevention within ten (10) business days of the occurrence of the Force Majeure event to the other Party (including details of the Force Majeure event, its anticipated duration and any action being taken to avoid or minimize its effect) and uses commercially reasonable efforts to avoid the effects of such Force Majeure and to perform the affected obligation(s) to the extent reasonably possible. Such excuse of performance shall be continued for so long as the condition constituting Force Majeure continues and the Force Majeure Party takes reasonable efforts to remove the condition or otherwise perform the affected obligation(s). For purposes of these Terms, “Force Majeure” shall mean only acts of God, strikes, civil disturbances, fires, earthquakes, governmental order or proclamation, outbreak or pandemic, supply chain interruption (to the extent such interruption is not caused by the gross negligence of such Document Ref: PGVKS-QHNQX-XJBM2-ON2WK Page 10 of 13 COML Council Packet 9-23-25, page 25 of 79 Party), acts of terrorism, floods, explosions, riots, war, rebellion, sabotage or failure or default of public utilities or common carriers. For clarity, notwithstanding the existence of a Force Majeure impacting a Party’s performance hereunder, such Force Majeure Party shall continue performing all of its other obligations hereunder, and the other Party shall be excused from performing such of its obligations under these Terms that it cannot reasonably perform due to the non-performance by the Force Majeure Party due to such Force Majeure, until such Force Majeure Party completes performance of such obligations that are prevented by such Force Majeure. (h) No Public Statements. Except as required by applicable law, neither Party may issue or release any announcement, statement, press release, or other publicity or marketing materials relating to these Terms or, unless expressly permitted under these Terms, otherwise use the other party’s trademarks, service marks, trade names, logos, domain names, or other indicia of source, association, or sponsorship, in each case, without the prior written consent of the other party, which may not be unreasonably withheld, conditioned or delayed. (i) Construction. The Parties hereby reaffirm that each has read the foregoing Terms and that each Party has had the opportunity to review, negotiate and participate in the creation of these Terms through independent counsel. The provisions contained herein shall not be construed or interpreted for or against any Party hereto because that Party drafted or caused that Party’s legal representative to draft any of its provisions. Document Ref: PGVKS-QHNQX-XJBM2-ON2WK Page 11 of 13 COML Council Packet 9-23-25, page 26 of 79 Exhibit 1 PALLET VILLAGE DIGNITY STANDARDS INHERENT & ABSOLUTE Pallet's mission is to end unsheltered homelessness. Pallet villages are operated by community partners who collaborate with village residents to end their unhoused status, while transitioning into stable housing as quickly as possible. Villages provide life-sustaining services in a manner that fosters a safe, affirming, and dignified atmosphere for all residents. Discrimination or disparate treatment toward village residents on the basis of race, religion, national origin, immigration status, gender or non-gender conforming, sexual orientation, or any other protected class is strictly prohibited. At Pallet, we believe in all people's inherent and absolute dignity. Guided by feedback from village operators and Pallet team members with lived-experience, we have created a set of dignity standards intended as universal and irreducible requirements for the purchase and use of Pallet shelters. These are organic principles intended to evolve and refine as we learn more about what works best. HYGIENE FACILITIES Everyone is entitled to hygiene and sanitation that is clean, safe, secure, and that provides privacy and ensures dignity. Well-maintained toilets are mandatory at all Villages and must be available at all times. Flush toilets are strongly preferred, especially as the number of residents increases. Well-maintained hand-washing facilities are mandatory and must be available at all times. Residents must have access to showers. Showers on site are preferred. An alternative shower plan is acceptable assuming reasonable distance and safety. Residents must be able to wash their clothes as needed. Laundry on site is preferred. An alternative laundry plan is acceptable assuming reasonable distance and safety. MEALS All people should live free of hunger, food insecurity, and malnutrition and Villages are required to confront and solve for these issues. Clean, safe drinking water must be available to all residents at all times. The provision of two-to-three nutritious meals daily and a place to prepare meals is strongly preferred. Operators should ensure that all areas used for food storage or preparation are kept sanitary and comply with local health codes. When needed, residents should be aided in signing up for food-based government benefits upon moving in. TRANSPORTATION Access to essential services is a basic human right. Villages must not be more than one mile from an active public transportation hub allowing access to essential services such as food, healthcare, public benefits, and employment. Where not possible, shuttle services or other alternative transportation must be provided. Accommodations should be made for disabled persons who are unable to access general means of transportation. Document Ref: PGVKS-QHNQX-XJBM2-ON2WK Page 12 of 13 COML Council Packet 9-23-25, page 27 of 79 Pallet PBC – Master Product and Services Agreement 13 of 13 SAFETY We all want to feel safe in our neighborhoods. Residents, staff, and the surrounding communities should be afforded every available measure of safety and security. Site infrastructure must include exterior fencing, locking gate/monitored entrances, and operable lighting. Cabin spacing must be approved by the local fire authority, addressing the risk of fire and its potential to spread. Village operators must maintain and ensure clear pathways between and in each cabin. Operators must enforce a strict policy against smoking or open flames inside cabins. Operators must have sufficient staff on duty at all times and enforce established safety measures. Staff with de-escalation and trauma-informed training is strongly preferred. A zero-tolerance policy toward violence, abuse of power, threats/intimidation, sexual harassment/assault, or discrimination of any kind is mandatory for all persons at the village. SUPPORTIVE SERVICES The primary function of villages is to provide a supportive, safe community for residents to access services needed to permanently end their unhoused status. Village operators must engage residents in supportive services/case management. Supportive services must be client-centric with an emphasis on attaining stable housing, publicly available benefits, holistic health care, vital documents, and employment. Case management should be frequent, consistent, and transparent. It must be offered by trained staff. Document Ref: PGVKS-QHNQX-XJBM2-ON2WK Page 13 of 13 COML Council Packet 9-23-25, page 28 of 79 Signature Certificate Reference number: PGVKS-QHNQX-XJBM2-ON2WK Document completed by all parties on: 27 Mar 2024 22:51:56 UTC Page 1 of 1 Signer Timestamp Signature Amy King Email: amy@palletshelter.com Recipient Verification: Sent:27 Mar 2024 16:53:49 UTC Viewed:27 Mar 2024 17:31:01 UTC Signed:27 Mar 2024 18:26:44 UTC ✔Email verified 27 Mar 2024 17:31:01 UTC IP address: 50.175.44.130 Location: Seattle, United States Kevin Fuhr Email: kfuhr@cityofml.com Recipient Verification: Sent:27 Mar 2024 16:53:49 UTC Viewed:27 Mar 2024 22:51:33 UTC Signed:27 Mar 2024 22:51:56 UTC ✔Email verified 27 Mar 2024 22:51:33 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 50,000+ companies worldwide. RESOLUTION NO. 4025 A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY OF THE CITY OF MOSES LAKE SURPLUS TO THE NEEDS OF THE CITY AND DIRECTING ITS DISPOSAL IN A COMMERCIALLY REASONABLE MANNER Recitals: 1. The below described personal property of the city is surplus to the needs of the city and may be declared surplus to the needs of the city. 2. The fair market value will be determined for the surplus property, and its disposal shall be in a commercially reasonable manner. Resolved: 1. The following described personal property is declared to be surplus to the needs of the city: PALLET SHELTER UNITS AS FOLLOWS: (37) 64 SQF UNITS (37) A/C AND INSTALL KITS FOR SHELTER 64 (3) 100 SQF UNITS (3) A/C AND INSTALL KITS FOR SHELTER 100 (40) ELECTRICAL KIT WITH HEATER (43) MATTRESS PADS (43) FOLDING BUNK BED (1) 2 STALL BATHROOM UNIT (1) 2 STALL ADA BATHROOM UNIT The surplus property shall be sold in a commercially reasonable manner. ADOPTED by the City Council of the City of Moses Lake, Washington, this 23rd day of September 2025. ___________________________________ Dustin Swartz, Mayor ATTEST: ______________________________ Debbie Burke, City Clerk Council Agenda Bill Subject Set 2026 Prop. Tax/Bdgt. PH Department Finance Presenter at the Meeting Madeline Prentice, Finance Director Packet Attachments (if any) Meeting Date: 9/23/2025 Agenda Item Number: 01-D Proceeding Type Consent Agenda Proposed Council Action/Motion: Information Only Receive and File Discuss Provide Direction Public Hearing Adopt/Approve Authorize Other No motion necessary. Summary/Background In accordance with Washington State law, it is necessary to schedule: A public hearing to review Revenue Sources and Consideration of Legislation pertaining to Ad Valorem (Property) Tax to be levied for collection in 2026; and Two public hearings on the 2025 Preliminary Budget. Staff requests that Council set the date of November 12, 2025, for the public hearing on the 2026 Property (Ad Valorem) Tax and the first public hearing on the 2026 Budget; and November 25, 2025, as the second public hearing on the 2026 Budget. The 2026 Preliminary Budget document will be posted on the City's website on November 4, 2025. Fiscal Consideration N/A City Council Priorities or Budget Objectives Addressed Preamble: The City’s top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City’s infrastructure, complying with state and federal mandates, and safeguarding the City’s finances. #1 - Achieve Financial Sustainability #2 - Secure Sustainable and Reliable Municipal Water Sources #3 - Improve the City's Image and Reputation #4 - Fire Department Service Delivery Model and Third Fire Station #5 - New Police Station #6 - Second Lake Crossing #7 - WSDOT Highway Projects in Moses Lake Reviewed and Approved by: City Manager - Rob Karlinsey on 9/18/2025 Council Agenda Bill Subject Sodium Hypochlorite Services Department Public Works Presenter at the Meeting Brian Baltzell, Public Works Director Packet Attachments (if any) 411-2025-01_SR.pdf 4.69MB Meeting Date: 9/23/2025 Agenda Item Number: 1-E Proceeding Type Consent Agenda Proposed Council Action/Motion: Information Only Receive and File Discuss Provide Direction Public Hearing Adopt/Approve Authorize Other Motion required. Recommended Motion Staff recommends City Council motion to authorize the award of the Sodium Hypochlorite Service contract to Northstar Chemical, Inc. as presented. Summary/Background This contract is for the delivery of continuous supply of 12.5 percent sodium hypochlorite to all the City's well sites and for providing, installing, maintaining mini-bulk storage tanks at each well site. Sodium hypochlorite is an effective disinfectant and oxidizing agent used to control taste and odor from hydrogen sulfide in the water system. The City is required to maintain a detectable disinfectant concentration in the water system per the Department of Health. The current contract is on a one-year extension that expires October 19, 2025. Proposals were solicitated through the MRSC vendor roster and one proposal was received. Northstar Chemical, Inc. was the sole quoter at $84,786.24 per year. This is a three (3) year contract with a one-year extension option. The total cost will be $254,358.72 for three (3) years and $339,144.96 for four (4) years if extended. Fiscal Consideration The amount budgeted from the Water Fund for 2025 is $95,000. City Council Priorities or Budget Objectives Addressed Preamble: The City’s top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City’s infrastructure, complying with state and federal mandates, and safeguarding the City’s finances. #1 - Achieve Financial Sustainability #2 - Secure Sustainable and Reliable Municipal Water Sources #3 - Improve the City's Image and Reputation #4 - Fire Department Service Delivery Model and Third Fire Station #5 - New Police Station #6 - Second Lake Crossing #7 - WSDOT Highway Projects in Moses Lake Reviewed and Approved by: City Manager - Rob Karlinsey on 9/19/2025 City Attorney - Katherine Kenison on 9/15/2025 Finance - Madeline Prentice on 9/17/2025 Public Works - Brian Baltzell on 9/19/2025 ---------�-------------------------------- Council Agenda Bill � Subject Purchase armored vehicle Department Police Presenter at the Meeting Dave Sands, Chief Packet Attachments (if any) 110731 MOLWA Moses Lake PD WA.pdf bearcat-g3-v2.png Recommended Motion Further information will be requested during 2026 budget d!scussions in October and November. Summary/Background 1.14MB 912.83KB Authorize the purchase of the Lenco Bearcat, specs and representative photo attached. Meeting Date: 9/23/2025 Proceeding Type Consent Agenda Proposed Council Action/Motion: Q Information Only [) Receive and File 0Discuss [] Provide Direction Public Hearing LJ Adopt/Approve , • Authorize CJ Other Motion required. Agenda Item Number: 3NB In 2020, the MLPD purchased a refurbished 2006 BearCat utilizing a grant and non-general fund dollars. While this vehicle is still in use, we are looking to purchase another to double our capabilities. More and more incidents require either an elevated response, involving more people power to resolve or a full tactical team response. While cumbersome and ..... expensive, these responses are. a.result of_legislatlon at the.State level ... Often. these.responses are. drawn out.over.a.period of.time .. Armored vehicles.allow.officers. to be .behind _bullet ..... _, ___ ... resistant cover and even communicate to the subjects from the safety of the armored vehicle. As you will see below, the armored vehicle is not inexpensive. However, the only other new option is as or more expensive and does not have the same capabilities. The last option I am aware of is a used military surplus vehicle. I am unaware of what that would entail, however, I am concerned to exercise this option as the legislature, both Federal and State, In the past has limited our ability to use mi litary surplus or outright outlawed the use for local law enforcement. The Lenco BearCat is the industry standard for law enforcement armor and in providing added safety for our police officers. The estimated lead time for ordering a Bearcat is about 12 months. Fiscal Consideration The BearCat is not inexpensive coming in at $444,557.05 after sales tax. However, the vehicle will be purchased entirely without General Fund money. Between our Drug Seizure, Tactical Response Team, and High Crime accounts we have saved the funds to purchase the vehicle outright. We also have additional dollars to maintain the vehicle and purchase additional equipment forthe vehicle if needed. The only cost to the General Fund will be fuel during the life of the vehicle. This proposed purchase will be discessed during 2026 budget workshops in October and November. At that time, additional information about the account balances of the proposed funding sources will he provided. City Council Priorities or Budget Objectives Addressed Preamble: The City's top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City's infrastructure, complying with state and federal • mandates, and safeguarding the City's finances. 0 #1 -Achi eve Financi al Sustainability rJ #2 -Secure Sustainable and Reliable Municipal water Sources CJ #3 -Impro ve the Crty's Image and Reputation C #4 -Fire Department Service Delivery Model and Third Fire Station G #5 -New Police Station 0 #6 -Second Lake Crossing CJ #7 -WSDOT Highway Projects in Moses Lake Reviewed and Approved by: Quotation 110731 10 Betnr Industrial Drive - Pittsfield, MA 01201 PH: 413-443-7359 - FAX: 413-445-7865 Quotation Date: Lenco Tax ID#: 09/08/25 04-2719777 MOLWACustomer Code: Page #: 21 of Moses Lake Police Department 411 S Balsam St. Moses Lake, WA 98837 USA Bill To Customer Pick-Up 10 Betnr Industrial Dr Pittsfield, MA 01201 USA Ship To Payment Upon Pick-up FOB: Origin Payment Terms Lenco Contact Jim Massery Shipping Terms Estimated Completion Ship Via Customer Pick-Up Inspection & Acceptance At Lenco's Facility, Pittsfield, MA18 Months (+ or -) ARO Unit Price TotalQtyItem:Product # Vehicle configuration 4551 $264,310.00Lenco BearCat BC55003-BASE 1 $264,310.00 Options: LED White & Blue LED_WHITE_BLUE 1 Exterior Paint Color: Lusterless Black LUSTERLESS_BLACK 1 $123,155.00G3 Pro Package G3PRO 1 $123,155.00 Package Discount DISC 1 -$15,000.00 -$15,000.00 BearCat G3 4-Wheel Off-Road Upgrade Pkg w/Run-Flats BC3WOFFRD 1 Diesel Engine, 6.7L Turbo BCDLEN 1 4-Door Configuration BC4DR 1 (1) 7" Vertical GunPort Upgrade BCGP7 8 360 Camera System BC360DEG 1 Rear A/C - Heating System: High Capacity Upgrade BCHACUP 1 Hydraulic Front Mounted Receiver with Ram Post and Plate BCHYDRAM 1 Draco Prep Package BCDRACOPREP 1 VSP Style Low Profile & Scene Lighting Pkg BCVSPL 1 Roof Mounted Remote Control Spot Light - LED BCSLLED 2 High Intensity Driving Lights in Front Bumper BCHIDL 1 Fender Intersection Lights BCFIL 1 IR Take Down Light (Bumper Mounted)BCTDL-IR 1 AC-DC Power Inverter w/ Auto Eject BCINV2000 1 Armored Oil Pan Guard BCAOPG 1 Intercom System Inside to Outside BCINT 1 Weapons Mount BCWMT 6 $1,800.00Break and Rake BCBAR 1 $1,800.00 $1,880.00Door Pivoting Ram Head BCDPRH 1 $1,880.00 $33,585.00Police Cupola w/ Glass & Barn Doors BCPCUPOLA 1 $33,585.00 $409,730.00Configuration Subtotal: $409,730.00G3PROLenco BearCat 1 $409,730.00 $34,827.05TAX2Washington Sales Tax 1 $34,827.05 $444,557.05Net Total Quotation 110731 10 Betnr Industrial Drive - Pittsfield, MA 01201 PH: 413-443-7359 - FAX: 413-445-7865 Quotation Date: Lenco Tax ID#: 09/08/25 04-2719777 MOLWACustomer Code: Page #: 22 of Notes: Authorized WARNING: Information Subject to Export Control Laws Acceptance of this quotation or entering into a purchase agreement with Lenco, the purchaser agrees to Lenco's full Terms and Conditions of Sale, available upon request. This quote will be valid for 60 days. Please sign and return Jim Massery Authorized Thank you The written approval of the Directorate of US Defense Trade Controls and Lenco Industries, Inc. must be obtained before reselling, transferring, transshipping or disposing of a defense article to any end user, end use or destination other than as stated on this Lenco quote or the shipper's export declaration in cases where an exemption is claimed under this subchapter ITAR 123.9(A). ACCEPTANCE OF PROPOSAL Signature:_______________________________Signature:_______________________________ Administrative planning document only. Today's Date:All items are tentative and subject to constant change.Oct 14 due dates: PW 9/28, Attorney 9/30, Director 10/3, City Manager 10/6, Final Agenda Noon Wed, 10/8Standard Public Hearing Notices for October 28 are due Oct 8 end of day.Date/Time Proceeding Subject - 30 Character Limit in LF, abbrev. will be spelled out on agenda Action Presenter* LF StatusCity of Moses Lake Agenda Forecast - Sept 23 to Dec 9#/ltr/pg9/22/2025Tue, Sep 16 8 am to 5 pm Workshop: Capital Improvement Plans, Water: General Plan, <<Admin office closed>>Strategy, Large Entity Tiered Rates, Private Wells, and ERU by Zone, Human Services PolicyExec - Potential Lit w/Employee ContractsTue, Sep 23 Presentations Fire Chief Art Perillo Intro and Ceremonial OathKarlinsey6:30 PM ""National Fire Service Week Proclamationdone""Hispanic Heritage Month Proclamation(recur)Consent 1 b Surplus Sleep Center Units Resolution 4024<motion> Murillo done""c Surplus Pallet Shelters Resolution 4025<motion> Murillo done""d Set 2026 Property Tax/Budget Public Hearings<motion> Prentice (recur)""e Sodium Hypochlorite Services<motion> Baltzell done""Old Businessnone scheduledNew Business 2 2027 Pioneer Way ResurfacingMotion Baltzell done3 Purchase Bearcat Armored VehicleDiscuss Sands doneStaffStormwater ReportMitchellCapital Improvement Plans Discussion Follow UpKarlinseyComprehensive Plan Docket Follow UpRamseyTransportation Sales Tax Renewal ResolutionKarlinseySpecial Event Analytics Coutts (recur)otherExec added 9-18Exec- Potential Lit -20 min.Tue, Sep 30 Study Session 6:00 pm Exec- Potential Lit - 30 min.Presentations 6:30 pm State Legislative Agenda - GTH Consultant Briahnna MurrayMotion Karlinsey (recur)""2026 Budget PresentationPrenticeOld Business Six Year Capital Improvement Plans AdoptionMotion Prentice (recur)Sustainable Water StrategyMotion BaltzellTue, Oct 7 Presentation 6:30 pm Water Fee Study Results and System Development Charges (Consultant FCS Group) PrenticeStudy Session Budget Workshop #1 Administrative planning document only. Today's Date:All items are tentative and subject to constant change.Oct 14 due dates: PW 9/28, Attorney 9/30, Director 10/3, City Manager 10/6, Final Agenda Noon Wed, 10/8Standard Public Hearing Notices for October 28 are due Oct 8 end of day.Date/Time Proceeding Subject - 30 Character Limit in LF, abbrev. will be spelled out on agenda Action Presenter* LF Status City of Moses Lake Agenda Forecast - Sept 23 to Dec 9#/ltr/pg9/22/2025Tue, Oct 14 Study Session 5:30 pm Budget Workshop #2 xPresentation 6:30 pm Grant County Health District ConsentILA Intergovernmental Equipment Transfer to MLSD/CB Tech<motion> Perillo""Simplot Rope Rescue Contract<motion> Perillo""Western Ave Vacate Ordinance xxxx<motion> V Ramsey ""Snow Plow Contract<motion> BaltzellOld Business Transportation Sales Tax Renewal Resolution xxxxMotion KarlinseyNew Business""Private Well Exemption for Larger Properties Ordinance xxxxMotion Coutts (WRC)StaffWed, Oct 15 at 10 am. to Noon. Special Joint Meeting w/BOCC in Ephrata KarlinseyTue, Oct 21 Chamber of Commerce Dinner - Post Notice of Quorum 2025Wed, Oct 22 6:30 pm Budget Workshop #3Thurs, Oct 23 - 6 pm Joint Study Session - Moses Lake School Board Tue, Oct 28 Townhall 5:30 - 6:30 Budget, Parks, Police, Fire, Water/WW, Transp, Comm Dev, General 8 round tablesx Presentations 7 pm Native American Heritage Month Proclamation (recur)"" Veteran's Day Proclamation (recur)Consent Mobile Outreach/Transportation Contract <motion> MurilloOld Business New Business Lodging Tax Advisory Committee Funding Recommendations Motion Coutts (recur)StaffFire Services Study ReportPerilloThurs, Oct 30 at 6 pmAGCCT at Soap Lake <<COG Draft Bylaws and Articles of Formation>>RSVP Due Mmm dd Administrative planning document only. Today's Date:All items are tentative and subject to constant change.Oct 14 due dates: PW 9/28, Attorney 9/30, Director 10/3, City Manager 10/6, Final Agenda Noon Wed, 10/8Standard Public Hearing Notices for October 28 are due Oct 8 end of day.Date/Time Proceeding Subject - 30 Character Limit in LF, abbrev. will be spelled out on agenda Action Presenter* LF Status City of Moses Lake Agenda Forecast - Sept 23 to Dec 9#/ltr/pg9/22/2025Tue, Nov 4ELECTION NIGHT Study Session 6:30 pm Tentative Budge Workshop #4:(tentatively moved to Nov 5th per Rob 9/17Wed-Thurs Nov 5 at 1 pm - 6 at 2 pm Grant County LEAD Summit - Post Notice of Quorum(recur)Study Session 6:30 pm Tentative Budge Workshop #4Wed, Nov 12Presentation6:30 PM Public Hearing 2026 Budget Ordinance - Public Hearing Prentice (recur)Public Hearing Property Tax Levy Resolution xxxx Motion Prentice (recur)ConsentNew BusNorth Central Regional Library Building Use Agreement Extension Motion Karlinsey""Toole Design SR 17 Stratforddiscussion BisnettStaffCOML Federal Legislative Agenda 2026MotionKarlinsey (recur)Tue, Nov 18 4 pm - 6 pm Joint Workshop with Grant Public Utility District CommissionersNew Business 2025 Budget Amendment Ordinance xxxx Prentice (recur)Tue, Nov 25 Consent6:30 PM Old Business 2026 Budget Ordinance xxxx Motion Prentice (recur)New BusGrant County Recording Fee Annual AgreementMotion Murillo (recur)""Council Agenda and Committee Update Ordinance xxxxMotion BurkeStaffpg 3rd Quarter Financial Report (include in packet)Prentice (recur)Tue, Dec 9 Presentation Council Member Madewell RecognitionMayor (recur)6:30 PM ConsentOld BusinessNew Business 2026 Fee Schedule Resolution Includes Water & Sewer Rates xxxx MotionPrentice (recur) Administrative planning document only. Today's Date:All items are tentative and subject to constant change.Oct 14 due dates: PW 9/28, Attorney 9/30, Director 10/3, City Manager 10/6, Final Agenda Noon Wed, 10/8Standard Public Hearing Notices for October 28 are due Oct 8 end of day.Date/Time Proceeding Subject - 30 Character Limit in LF, abbrev. will be spelled out on agenda Action Presenter* LF Status City of Moses Lake Agenda Forecast - Sept 23 to Dec 9#/ltr/pg9/22/2025Future Items not assigned a meeting date.5:30 start Study Session ** Stormwater Rate Structure Presentation BaltzellStudy Session Legislator Dinner Meeting 5:30 pm start Study Session North Central Regional Library StaffdinnerMay? Presentation 2027 Agency Funding Application Recommendations (FIN, CDD, POL, PRCS)Presentation Irrigation for Private Wells (purple pipe) 9-18-24 related to new subdivisions anPresentation Semi quincentennial Commemoration ProclamationMuseum and TourismPresentation Yonezawa-SR-17 Roundabout Construction Funding - Design Engineer Levi BisnettPublic Hearing Eastlake Dr Vacate Ordinance xxxxMotion V RamseyConsentAmend STBG Grant for Yonezawa Round-a-bout<motion> Baltzell LR-LBConsentAccept Lakemont Planned Development Deeds<motion> V RamseyConsentAccept LKQ Improvements<motion> BaltzellConsentMoses Point Development Agreement (reservoir) Ord xxxx<motion> V RamseyConsentParadise Pointe Development Agreement Ordinace xxxx<motion> V RamseyConsentPublic Works Contract Project Acceptance Authority Res or Ord xxxx <motion> City ManagerConsentGrant County Health District Contract 2026Motion Karlinsey (recur)Old BusAirport Commission Duties Resolution xxxxMotion BaltzellOld BusExtra Territorial Development Agreement - Moses PointeMotion BaltzellOld BusExtra Territorial Development Agreement - Paradise PointMotion BaltzellOld BusMobile Outreach and Transportation Services AgreementMotion MurilloOld BusMulti Modal Trails Team and Plan Exhibit D(ref Res 3997 12-10-24)Old BusPrivate Property Burn Regulations Ordinance xxxxMotion PerilloOld Bus** Stormwater Rate Structure Ordinance xxxxMotion BaltzellOld BusWSDOT Adminstrative Settlement Policy Resolution 4008Motion Baltzell New Bus/Old Bus Airport Operations Manual Update1st Pres/MotiBaltzellNew Bus/Old Bus Building Permit Recovery Fund Ordinance 1st Pres/MotiV RamseyNew Bus/Old Bus Comprehensive Plan Amendment Docket 1st Pres/MotiV RamseyNew Bus/Old Bus Employee Handbook Update Resolution 1st Pres/MotiSpringer (recur)New Bus/Old Bus Water General Plan Update (Prior to W/S Rate Study) 1st Pres/MotiBaltzellNew Bus 2025 Community Street and Utility Standards Resolution xxxx Motion Baltzell (recur)New Bus Airport Property Owner Access Agreement (Through the Fence) Motion Baltzell Administrative planning document only. Today's Date:All items are tentative and subject to constant change.Oct 14 due dates: PW 9/28, Attorney 9/30, Director 10/3, City Manager 10/6, Final Agenda Noon Wed, 10/8Standard Public Hearing Notices for October 28 are due Oct 8 end of day.Date/Time Proceeding Subject - 30 Character Limit in LF, abbrev. will be spelled out on agenda Action Presenter* LF Status City of Moses Lake Agenda Forecast - Sept 23 to Dec 9#/ltr/pg9/22/2025New BusFederal Lobbyist Agreement (following RFP process)Motion Baltzell New BusFuture Land Use Map Update (fr Study Session 6/11/24)Motion Ramsey (after Plan CJuly 2026 New BusGraffiti Regulation First Year Review (as stated in Code) Motion V Ramsey New BusGrant County Council of GovernmentsMotion KarlinseyNew BusHomelessness Consultant Contract (Sleep Center Transition Plan Plus One) then docket quarterly reports….....New BusNew Cingular Lease AmendmentMotion BaltzellNew BusShopping Cart Collection Volunteer GroupDiscussion V RamseyNew BusWrite-off Uncollectible Accounts Authorization Ord or ResMotion Prentice