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FINAL 2024 0109 Council Agenda PacketMoses Lake City Council Don Myers, Mayor | Deanna Martinez, Deputy Mayor | Dustin Swartz, Council Member | Mark Fancher, Council Member Victor Lombardi, Council Member| Judy Madewell, Council Member| David Skaug, Council Member Tuesday, January 9, 2024 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 Ceremonial Oaths of Office by Superior Court Judge Anna Gigliotti -David Skaug, Don Myers and Victor Lombardi Selection of Mayor & Deputy Mayor Mayor’s Oath of Office Approval of the Agenda Citizen’s Communications ** Summary Reports: Mayor’s Report Motion - Appoint Council Member to LEOFF 1 - Council Committee Assignment Review – pg 3 Additional Business City Manager’s Report -Martin Luther King Jr. Committee – Creative District Event Invite -Urban Growth Area Water Request #1 Consent Agenda pg 6 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. COML Council Packet 1-9-24, Page 1 of 157 January 9,2024 , City Council Meeting Page 2 ____________________________ a.City Council Meeting Minutes Dated November 28, December 7, and December 12, 2023 b.Claims and Payroll c.City Legislative Meeting Calendar 2024 d.Aspect Contract Amendment 23 – Well 20 Source Approval e.Electrical Engineering Services Contract Amendment #4 f.On-Call Water and Wastewater Services Task 18 g.2024 Biosolids Project Award h.Museum Art Exhibit Contract i.Covenant and Deferral of Improvements to Ramm Rd. j.Covenant and Deferral of Improvements to Alex Short Plat k.Covenant and Deferral of Improvements to Ivan Short Plat l.Airport Lease Agreement Old Business #2 Motion pg 131 Tax Increment Financing Strategy Memo Presented by Kevin Fuhr, City Manager Summary: Council to review and consider approval New Business #3 Motion pg 154 Walkable Parks Policy Presented by Doug Coutts, Parks, Recreation, and Cultural Services Director Summary: Council to review and consider approval Administrative Reports Council Committee Reports Adjournment Next Regular Council Meeting is scheduled for January 23, 2024 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. * Click this link for remote speaker request forms which must be completed by 3 p.m. on the day of the meeting for Citizen or Public Hearing Comments to be heard remotely during the live meeting. Select zoom option if signed up to speak remotely. Teams Option: Meeting Link YouTube Live Option: https://www.youtube.com/@MosesLakeCityCouncil/streams ** In person Citizen Comment form needs to be turned in prior to start of each meeting. 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. COML Council Packet 1-9-24, Page 2 of 157 Council Committees for appointment At the first meeting in January, Council will select committee assignments and make appointments to the LEOFF Board. See Attached Spreadsheet for Committees COML Council Packet 1-9-24, Page 3 of 157 MOSES LAKE COUNCIL COMMITTEE ASSIGNMENTS (2024 - Pending Update)City ManagerPosition 1 Position 2 Position 3 Position 4 Position 5 Position 6 Position 7Council Regular Meetings2nd/4th Tuesday at 6:30 p.m.XXXXXXXXCouncil Finance Committee2nd Tuesday at 2:00 p.m.XXXXParks, Recreation, & Cultural Services Committee (PRCS)3rd Tuesday at 12:00 p.m.XX XXCouncil Public Safety Committee4th Thursday at NoonXXX XCommunity Development/Public Works (CD/PW) Committee4th Tuesday at 2:00 p.m.X XXX ACouncil Ad Hoc Homelessness CommitteeAs NeededXX XXAdvisory Committee on HousingAs NeededXGrant County Homeless Housing Task Force (HHTF)to be det'dXAAGCCT (Association of Grant County Cities and Towns) *QuarterlyXX(President pend reappt)XXXXXGCEDC *3rd Wednesday at 7:00 a.m.XAXGrant Board of Health2nd Wednesday at 6:00 p.m.XGrant County Solid Waste Advisory Committee2-3 times per year as neededXGrant Transit Authority3rd Thursday at 6:30 p.m.XABoards, Councils & OrganizationsMeetsMark FancherJudy MadewellVictor LombardiDavid SkaugKevin FuhrDeanna MartinezDustin SwartzDon Myers*voluntary attendancePending UpdateCOML Council Packet 1-9-24, Page 4 of 157 MOSES LAKE COUNCIL COMMITTEE ASSIGNMENTS (2024 - Pending Update)City ManagerPosition 1 Position 2 Position 3 Position 4 Position 5 Position 6 Position 7Boards, Councils & OrganizationsMeetsMark FancherJudy MadewellVictor LombardiDavid SkaugKevin FuhrDeanna MartinezDustin SwartzDon MyersLodging Tax Advisory Committee2-3 times per year as neededXXML Economic Development Coordinating CmteEvery 6 weeksXX XML LEOFF 1 Disability BoardAs Needed<Motion to appt on Jan 9>XXML Watershed Council3rd Tuesday at 10:00 a.m.XMunicipal Airport Commission 1st Thursday at 6 p.m.XPort of Moses Lake *2nd/4th Monday at 10 a.m.XYonezawa Sister City Student Exchange * As NeededXNone RequiredParks, Recreation, & Cultural Services Advisory Board2nd Wednesday at 7:00 p.m.None RequiredPlanning CommissionThurs. after 2nd Tue. at 7p.m.None RequiredCivil Service Commission 2nd Tuesday at 2:00 p.m.XNone RequiredFiremen's Pension Board As NeededNone RequiredEmployee Safety and Wellness CommitteeMonthlyNone RequiredGrant County Mosquito District #1 - Chris Blessing 2023-2024*voluntary attendancePending UpdateCOML Council Packet 1-9-24, Page 5 of 157 MOSES LAKE CITY COUNCIL November 28, 2023 STUDY SESSION Tax Increment Financing (TIF) Proposal Stowe Development and Strategies staff provided a slide deck outlining model rules and project timelines contained in RCW 39.114 and infrastructure needs for a proposed 96-Acre Mixed Use Development called Desert Point. A consultant agreement to produce the TIF analysis is slated for Council consideration tonight under New Business. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:01 p.m. by Mayor Myers in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Myers; Deputy Mayor Martinez; Council Members Fancher, Madewell, Swartz, and Skaug. Absent: Council Member Eck. Action taken: Council Member Fancher moved to excuse Council Member Eck, second by Deputy Mayor Martinez. The motion carried 6 – 0. PLEDGE OF ALLEGIANCE Mayor Myers led the Flag Salute. AGENDA APPROVAL Council Member Skaug moved Consent Agenda item (b) Claims and Payroll Vouchers to New Business. Action taken: Council Member Fancher moved to approve the Agenda as amended, second by Council Member Swartz. The motion carried 6 – 0. CITIZEN’S COMMUNICATION Tax Increment Financing – Victor Lombardi, Moses Lake, shared his thoughts on the risk spectrum and on the proposed consultant. Miscellaneous – Elisia Dalluge, Moses Lake, thanked the consultant who provided information in the TIF study session and expressed a concern on the available water for new development. New Development near Sand Dunes – Owen Miller, Moses Lake, inquired about the buffer area for designated wetlands and a discrepancy in the posted notice to corresponding letters sent for West Lakeshore Phase 2. Community Development Director Kirsten Peterson advised that comments are currently being accepted as part of the SEPA process. SUMMARY REPORTS CITY MANAGER’S REPORT COML Council Packet 1-9-24, Page 6 of 157 CITY COUNCIL MINUTES – November 28, 2023 pg. 2 2024 Moses Lake Legislative Agenda Final draft was presented for Council approval that will be forwarded to the Association of Washington Cities. Three articles listed: Water Infrastructure, Police Recruitment and Retention, and Infrastructure Funding (for new development). Action taken: Council Member Swartz moved to approve the Legislative Agenda as presented, second by Council Member Fancher. The motion carried 6 – 0. Gonzalez Street Covenant The property owner at 1613 W Lee St requests to defer street, curb, gutter, and sidewalk improvements until the remainder of the block between Broadway Ave and Gibby Rd warrants these improvements. Action taken: Council Member Swartz moved to approve the Covenant as presented, second by Council Member Skaug. The motion carried 6 – 0. Transportation Benefit District Funding City Manager Kevin Fuhr requested input from Council on bringing forward an ordinance to add another 1/10 of a percent to the existing 2/10 of a percent voter approved sales tax. Council concurred to have staff prepare the ordinance for consideration on December 12. Public Comment Policy/Procedure Several cities have reported recent incidents related to freedom of speech during remote citizen comment. Council have the option to amend the local rules but requested to leave the policy unchanged for now and will address this if there are incidents at our meetings. CONSENT AGENDA #1 a. City Council Meeting Minutes Dated November 9 and 14, 2023 b. moved to New Business c. Municipal Airport Land Lease d. North Central Regional Library Lease e. Wimberly Extra Territorial Agreement f. Cascade & Lakeview Parks 2022 Playground Project Acceptance Action taken: Deputy Mayor Martinez moved to approve the Consent Agenda, except for item (b), second by Council Member Swartz. The motion carried 6 – 0. NEW BUSINESS #2 Claims and Payroll Vouchers Council Member Skaug is interested in additional detail for the expense descriptions and adding an annual total column. City Manager Kevin Fuhr advised that Council can contact Finance Director Madeline Prentice to obtain year-to-date vendor payments. Community Development Director Kirsten Peterson noted that the Housing & Grants Manager will be introduced at the next meeting. This person will be preparing an update on revenue and expenses for homeless activities. Electronic Transfer: N/A, Checks: 163048 - 163206 - $1,248,593.84, Payroll Checks: 11-10-2023 PR, #65954 - 65964 - $6,639.06, Electronic Payments: 11-10-2023, and Direct Deposit: - $626,842.05. COML Council Packet 1-9-24, Page 7 of 157 CITY COUNCIL MINUTES – November 28, 2023 pg. 3 Action taken: Council Member Skaug moved to approve the vouchers as presented, second by Council Member Swartz. The motion carried 6 – 0. #3 Tax Increment Financing District Project Analysis The proposed Desert Point Project is located east of Yonezawa Boulevard and adjacent to Highway 17. The consultant will provide an analysis for the Secretary of State to approve 21.56 acres of multi-family housing with over 300,000 square feet of retail and ancillary development. The developer will contribute 50% of the consultant’s total fee. Action taken: Council Member Skaug moved to authorize execution of the contract as presented, second by Council Member Swartz. The motion carried 6 – 0. #4 2023 Budget Amendment Ordinance 3040 The amendment increases the 2023 budget resulting in additional expenditures of $2,092,895 and revenue of $142,500 across several funds. Action taken: Deputy Mayor Martinez moved to adopt the ordinance as presented, second by Council Member Madewell. The motion carried 6 – 0. ADMINISTRATIVE REPORTS Park Design Open Houses The Parks, Recreation, and Cultural Services staff will hold two open houses for public input on new park designs. One will be tomorrow night at the Larson Recreation Center and one at Longview Elementary next week. Annual Ag Parade The Downtown Moses Lake Association’s annual downtown event is this Saturday. The street closures will begin at 2 p.m., business events at 5 p.m. and the parade at 7 p.m. COUNCIL COMMUNICATIONS AND REPORTS Council Member Fancher attended the Economic Development Council meeting on the 22nd and discussed concerns on the availability of water and power. The Community Development and Public Works Council Committee was earlier today, and they received updates from staff on the status of Well 20 and new projects. Public Works Director Brian Baltzell added that Well 20 could be in service in 6 months, and possibly sooner or later. Deputy Mayor Martinez asked Fire Chief Brett Bastian for the schedule of the ladder truck neighborhood drive with Santa. His staff will post the route on social media for their December 16 event, and he shared that they will also be in the Ag Parade with CB Tech students. Ms. Martinez expressed her gratitude to Assistant City Manager Rich Huebner and wished him well in his next employment endeavor. Mayor Myers shared that the Grant Transit Authority will hold their budget hearing on December 21. They have allocated nearly $9 million for construction of the second half of their maintenance facility. City Manager Kevin Fuhr, Mayor Myers and several other agencies have been invited to attend a meeting with Governor Inslee at the Chamber of Commerce tomorrow. COML Council Packet 1-9-24, Page 8 of 157 CITY COUNCIL MINUTES – November 28, 2023 pg. 4 EXECUTIVE SESSION Mayor Myers called an Executive Session from 7:30 p.m. to 7:45 p.m. to discuss potential litigation pursuant to RCW 42.30.110(1) subsection (i). ADJOURNMENT The regular meeting was adjourned at 7:45 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________ Debbie Burke, City Clerk COML Council Packet 1-9-24, Page 9 of 157 MOSES LAKE CITY COUNCIL – SPECIAL MEETING December 7, 2023 CALL TO ORDER The special meeting of the Moses Lake City Council was called to order at 11:30 a.m. by Mayor Myers at the Larson Recreation Building Sage Room at 610 Yakima Ave, Moses Lake. ROLL CALL Present: Mayor Myers; Deputy Mayor Martinez; Council Members Skaug, Swartz and Madewell. Council Members Eck and Fancher were absent. WATER STUDY SESSION City Engineer Richard Law presented information on the City’s duty to serve water inside and outside City limits, current lots available for housing inside City limits, current water rates, and landscape standards/codes for new and existing developments. Most of the Urban Growth Area (UGA) is not close enough to service without significant infrastructure, and it is important that the City maintain a robust system to serve those inside City limits and be able to maintain Public Safety needs. Currently, the Larson Area is only paying an 8% surcharge, while others in the UGA are paying 25%. One of the decisions that Council will need to make at the next meeting is whether to increase the Larson Area surcharge to match the rest of the UGA. Council discussed the following priorities on policies: 1. Vested Lots 2. Future Growth 3. Annexed Property 4. In UGA with existing water and sewer Council would also like to have staff bring forward what an additional rate tier would look like, for a total of four rate tiers. As an alternative, there could be an excess water fee. Both of those options would encourage a more reachable conservation. Additionally, they would like to continue the educational approach with customers and the use of smart meters. ADJOURNMENT The meeting was adjourned at 1:30 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________ Debbie Burke, City Clerk COML Council Packet 1-9-24, Page 10 of 157 MOSES LAKE CITY COUNCIL December 12, 2023 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor Myers in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Myers; Deputy Mayor Martinez; Council Members Fancher, Madewell, Swartz, and Skaug. Absent: Council Member Eck. Action taken: Council Member Swartz moved to excuse Council Member Eck, second by Deputy Mayor Martinez. The motion carried 6 – 0. PLEDGE OF ALLEGIANCE Mayor Myers led the Flag Salute. AGENDA APPROVAL Action taken: Deputy Mayor Martinez moved to approve the Agenda as presented, second by Council Member Swartz. The motion carried 6 – 0. CITIZEN’S COMMUNICATION Homeless Harassment – Elisia Dalluge, Moses Lake, requested citizens call or email the FBI tip hotline to report abuse of homeless people. Toward the end of the meeting, Police Chief Dave Sands advised that they have responded to one incident that occurred near the movie theater. SUMMARY REPORTS MAYOR’S REPORT Reappoint Lodging Tax, Parks, Planning, and Grant Transit Board Members There were several expiring positions for the Lodging Tax, Parks, Planning and Grant Transit Authority Board Members. Action taken: Deputy Mayor Martinez moved to reappoint Richard Hanover, Barry Lawson, and Tim Molitor to the Lodging Tax Advisory Committee (LTAC), second by Council Member Fancher. The motion carried 6 – 0. Action taken: Council Member Swartz moved to reappoint Brad Harshman, Chuck Perry and Isaac Valdez to the Parks, Recreation and Cultural Services Advisory Board, second by Council Member Skaug. The motion carried 6 – 0. Action taken: Deputy Mayor Martinez moved to reappoint Gary Mann, Charles Hepburn, and Nathan Nofziger to the Planning Commission, second by Council Member Fancher. The motion carried 6 – 0. Action taken: Council Member Swartz moved to reappoint Don Myers as the Grant Transit Authority (GTA) Board Member, second by Council Member Skaug. The motion carried 6 – 0. COML Council Packet 1-9-24, Page 11 of 157 CITY COUNCIL MINUTES – December 12, 2023 pg. 2 Confirm Appointments for Lodging Tax and Grant Transit Authority Board Alternate There is a new Alternate position for the GTA Board and two LTAC positions are vacant, one for a Council Member and one for a hotelier. These terms will also begin January 2024 for one year. One application was received for LTAC. Action taken: Deputy Mayor Martinez moved to appoint Jessica Sanchez, and Council Member Swartz to the Lodging Tax Advisory Committee, second by Council Member Fancher. The motion carried 6 – 0. Action taken: Council Member Fancher moved to appoint Judy Madewell as the Grant Transit Authority Board Member alternate, second by Council Member Skaug. The motion carried 6 – 0. Moses Lake Community Coalition (MLCC) Person of the Year MLCC Vice Chair Matt Paluch presented a plaque for their first Person of the Year award to City Manager Kevin Fuhr. CITY MANAGER’S REPORT Mayor Myers Recognition Plaque City Manager Kevin Fuhr thanked Mayor Myers for his service as Mayor and presented him with a plaque. Community Development New Hire Introductions Community Development Director Kirsten Peterson introduced Permit Technician Sandi Greer and Housing & Grants Manager Lizbeth Murillo. Not present but also announced was Senior Building Inspector Adam McFayden. Ms. Peterson has the following vacancies left to fill: Deputy Building Official, Long-Range Planner, and a third Code Enforcement Officer. Accept Improvements CAD Homes Knolls Vista Major Plat Resolution 3969 The staff report was emailed to Council prior to the meeting. City Manager Kevin Fuhr is requesting expedited consideration since there will be no meeting with Council until January 9 and folks are ready to get moved into their new homes before Christmas. Action taken: Deputy Mayor Martinez moved to adopt Resolution 3969 as presented, second by Council Member Swartz. The motion carried 5 – 0. Council Member Fancher abstained. CONSENT AGENDA #1 a. Electronic Transfer: 313-315 - $584,234.27 Checks: 163207 - 163352 - $638,689.56 Payroll Checks: 11-24-2023 PR, #65965 - 65978 - $7,664.64 Electronic Payments: 11-24-2023 Direct Deposit: - $624,286.69 b. Tactical Response Team Interlocal Agreement c. Accept Maple Drive Water Main Emergency Repair d. Interlocal Agreement with Yarely Play Funding e. Accept Longview and Kinder Reconstruction Project f. Transportation Benefit District Projects Update COML Council Packet 1-9-24, Page 12 of 157 CITY COUNCIL MINUTES – December 12, 2023 pg. 3 Action taken: Deputy Mayor Martinez moved to approve the Consent Agenda as presented, second by Council Member Swartz. The motion carried 6 – 0. OLD BUSINESS #2 Transportation Benefit District Sales Tax Ordinance 3041 The City adopted the Transportation Benefit District Sales Tax Ordinance 2847 in December 2016 for a voter approved two-tenths of one percent tax. Ordinance 3041 proposes an additional one-tenth of one percent tax. Council requested that construction projects have signage stating they were funded through these portions of sales tax. Action taken: Council Member Fancher moved to adopt Ordinance 3041 sales tax levy, second by Deputy Mayor Martinez. The motion carried 6 – 0. NEW BUSINESS #3 Amend MLMC 13.12 Water, Sewer, and Stormwater Rates Ordinance 3042 The proposed ordinance amends rates to align with the adopted fee schedule, increases minimum fee to trigger shut off, and removes discounted surcharge to Larson Airbase area located outside the city limits. Staff will present amendments to rates early next year pursuant to discussion at the Water Study Session last week. Action taken: Deputy Mayor Martinez moved to adopt Ordinance 3042 as presented, second by Council Member Swartz. The motion carried 6 – 0. ADMINSTRATIVE REPORTS City Manager Kevin Fuhr thanked Council for the work accomplished in 2023. COUNCIL COMMUNICATIONS AND REPORTS Council Member Swartz will be signing a letter as the President of the Association of Grant County Cities and Towns addressed to the Board of County Commissioners. The letter has been drafted by Katherine Kenison and requests the reconvening of the Planned Growth Committee as well as reviewing the Water Retail Service Area (RSA) assignments. Deputy Mayor Martinez thanked the Fire Department staff for their app to monitor Santa’s route through neighborhoods on December 16. ADJOURNMENT The regular meeting was adjourned at 7:04 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________ Debbie Burke, City Clerk COML Council Packet 1-9-24, Page 13 of 157 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Kevin Fuhr, City Manager 14087 Madeline Prentice Finance 1/9/2024 Consent Agenda Disbursement Report since December 12, 2023 City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 3,708,901.86$3,708,901.86$0.00$ Approve payment of claims as presented. The following amounts were budgeted, and sufficient funds were available to cover these payments. Electronic Transfer: N/A Checks: 163353 - 163810 - $2,481,361.04 Payroll Checks: 12-8-2023 PR, #65979 - 65992 - $7,002.71 12-22-2023 PR, #65993 - 66007 - $4,293.35 Electronic Payments: 12-8-2023 Direct Deposit: - $602,325.96 12-22-2023 Direct Deposit - $613,918.80 Vouchers - 01.09.2024.pdf 141.77KB COML Council Packet 1-9-24, Page 14 of 157 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body had adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City's internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews it processes to ensure appropriate internal controls are in place. Options and Results Approve N/A Staff would recognize claims as receivables and pursue collections. COML Council Packet 1-9-24, Page 15 of 157 TOTALS BY FUND:Est. Fund Bal.Est. Fund Bal. FUND NO FUND NAME 1/1/2024 AMOUNT 1/9/2024 001 GENERAL FUND 10,872,879           442,065.76                       10,430,814            102 TOURISM 1,588,198             84,800.00                         1,503,398              103 GRANTS AND DONATIONS 1,236,943             15,628.73                         1,221,314              105 ARPA 3,712,452             ‐                                     3,712,452              110 HOMELESS SERVICES 432,780                32,057.75                         400,722                 111 OPIOID ABATEMENT 50,358                   ‐                                     50,358                    114 PATHS/TRAILS 116,176                ‐                                     116,176                 116 STREET 516,530                162,500.79                       354,029                 119 STREET REPR/RECON 3,352,321             25,652.99                         3,326,668              170 TRANSPORTATION BENEFIT DISTRICT 1,160,616             ‐                                     1,160,616              282 LOCAL BORROWING 984,872                ‐                                     984,872                 286 REFUNDING GO BONDS 2015 185,134                300.00                               184,834                 314 PARK & RECREATION IMPROVEMENTS 571,924                5,785.18                           566,139                 315 PARK MITIGATION CAPITAL PROJECTS 33,797                   ‐                                     33,797                    320 FIRE MITIGATION FUND 343,103                ‐                                     343,103                 322 WATER REMIDIATION 1,915,191             22,488.49                         1,892,702              410 WATER/SEWER 9,310,343             128,272.44                       9,182,071              450 2011 BOND FUND 10,304                   ‐                                     10,304                    451 2011 BOND FUND ‐ RESERVE 567,600                ‐                                     567,600                 452 2004 BOND FUND 1,224,000             350.00                               1,223,650              453 2004 BOND FUND ‐ RESERVE 701,500                ‐                                     701,500                 471 WATER RIGHTS 1,573,337             3,095.50                           1,570,242              477 WATER SEWER CONSTRUCTION 3,179,175             191,107.43                       2,988,067              485 PWTF WATER‐SEWER DEBT SERVICE 20,196                   ‐                                     20,196                    487 2015 GO BONDS REDEMPTION 9,555                     50.00                                 9,505                      490 SANITATION 2,502,901             500,744.98                       2,002,156              493 STORM WATER 932,687                56,588.81                         876,098                 495 AIRPORT 60,361                   989.33                               59,371                    498 AMBULANCE 308,539                39,594.85                         268,944                 501 UNEMPLOYMENT COMPENSATION INSURANCE 103,974                ‐                                     103,974                 503 SELF‐INSURANCE 2,287,587             21,488.72                         2,266,098              517 CENTRAL SERVICES 1,100,901             71,864.06                         1,029,037              519 EQUIPMENT RENTAL 1,851,450             90,451.21                         1,760,998              528 BUILDING MAINTENANCE 2,556,349             583,833.20                       1,972,516              611 FIRE PENSION 433,173                1,377.32                           431,795                 623 DEPOSIT 339,715                ‐                                     339,715                 631 STATE 10,905                   273.50                               10,632                    TOTAL 56,157,826$        2,481,361.04$                 53,676,465            City of Moses Lake Tabulation of Claims Paid‐Summary by Fund Council Meeting Date‐ 01/09/2024 COML Council Packet 1-9-24, Page 16 of 157 Check Name Check Amount Check Date Invoice Description 163353 A & H Printers Inc 682.92 12/07/2023 Check Stock 163354 Abc Hydraulics 179.83 12/07/2023 Misc. Parts 163355 Affordable Auto Repair Inc 358.79 12/07/2023 Undercover Vehicle Maintenance 163356 Amazon Capital Services, Inc.9,866.34 12/07/2023 Amazon November 2023 Streets 163357 Anatek Labs, Inc.315.00 12/07/2023 Sample Testing 163358 Assoc Of Grant Co Cities 100.00 12/07/2023 AGCCT Meeting/Meal 163359 Assoc Of Washington Cities 95.00 12/07/2023 Registration 163360 Assured Partners 461.00 12/07/2023 Airport Insurance Extension 163361 Badger Meters Inc 895.69 12/07/2023 Meter Read Services 163362 Basin Propane LLC 39.13 12/07/2023 Propane @ Sleep Center 163363 Basin Septic Services Inc 2,229.75 12/07/2023 ADA Park 163364 Battery Systems Inc 281.50 12/07/2023 DC31MF Battery 163365 Cascade Natural Gas Corp 210.88 12/07/2023 Gas 163366 Central Basin Comm Concert Asn 7,500.00 12/07/2023 LTAC Grant Reimbursement 163367 Central Machinery Sales Inc 1,487.79 12/07/2023 Compressor Rental 163368 Centurylink 55.41 12/07/2023 206‐T03‐6229 331B 11.23.23 163369 Columbia Basin Herald 666.75 12/07/2023 Museum Ad 163370 Columbia Bearing Bdi 71.31 12/07/2023 Garlock Gaskets 163371 Columbia Glass LLC 850.94 12/07/2023 Police Bldg Window Repair 163372 Consolidated Disposal Service 44,838.42 12/07/2023 Transfer Station Nov 2023 163373 Consolidated Electrical Distributors Inc 10.99 12/07/2023 Ice Rink ‐ Cable Tie 163374 Copiers Northwest Inc 291.79 12/07/2023 Equipment Contract Fees 163375 Corporate Translation Services, LLC 10.54 12/07/2023 Translation Services 163376 Criminal Justice Training Commission 1,000.00 12/07/2023 Training Fee 163377 North 40 Outfitters 261.99 12/07/2023 No Trespassing Signs 163378 Cummins‐Allison Corp.7,009.12 12/07/2023 Money Counter‐ Investigations 163379 Databar Inc 5,457.42 12/07/2023 Utility Billing Invoices 163380 Devries Information Mgmt 92.00 12/07/2023 On Site Record Destruction 163381 Dooley Enterprises, Inc.22,064.59 12/07/2023 2023 Ammo 163382 Elevate Government Affairs, LLC 8,500.00 12/07/2023 Government Relations Services 163383 Eyeon LLC 1,501.34 12/07/2023 TRT Equipment 163384 Fastenal Company 40.01 12/07/2023 C Batteries 163385 Ferguson Enterprises Inc #3007 57.06 12/07/2023 Gate Valves 163386 Fishingmagician.com 1,000.00 12/07/2023 LTAC Advertising 163387 Frontier Title & Escrow Co 975.60 12/07/2023 Denny's Title Search 163388 Galls LLC 38.31 12/07/2023 Uniform 163389 Grainger Parts Operations 2,620.04 12/07/2023 Glass Cleaner 163390 Grant County Animal Outreach 8,333.00 12/07/2023 December 2023 Contract Payment 163391 Grant County Port District #10 30.00 12/07/2023 Port Badge‐ Tony Vehrs 163392 Ground Works Three, LLC 5,041.67 12/07/2023 Rental @ Sleep Center 163393 Ims Alliance 11.98 12/07/2023 Uniform Hayes 163394 Inland Body & Paint 3,631.54 12/07/2023 Repair Eq. # 144 163395 Jerrys Auto Supply 149.13 12/07/2023 Electric Battery 163396 Jims Lock Service LLC 1,092.67 12/07/2023 Padlocks/Re‐Keys 163397 Joes Excavation Inc 18,580.46 12/07/2023 COF Valve Replacement 163398 Keller Associates 1,823.00 12/07/2023 Wastewater Plan 163399 Kelley Connect 4,368.35 12/07/2023 Office Furnature 163400 King5.Com 1,983.33 12/07/2023 LTAC Advertising 163401 Lakeside Industries Inc 1,273.70 12/07/2023 EZ Street Pallet 163402 Lance, Soll & Lunghard, LLP 14,100.00 12/07/2023 Accounting Services Nov 2023 163403 Med Tech Resource Inc 87.50 12/07/2023 Medical Supplies 163404 Moses Lake Rental 50.73 12/07/2023 Santa Suit Rental 163405 Moses Lake Towing 2,820.78 12/07/2023 Tow Bill Eq. #042 163406 Multi Agency Comm Center E911 61,756.25 12/07/2023 December 2023 Law Calls 163407 Northstar Chemical Inc 3,642.50 12/07/2023 Sodium Hypochlorite Well # 18 163408 Pape Machinery 10,713.28 12/07/2023 2022‐2024 Overhead Doors Contract 163409 Parker Corporate Services, Inc 7,904.07 12/07/2023 Security @ Sleep Center 163410 Pitney Bowes Inc 1,342.73 12/07/2023 Postage Machine Lease 163411 Pro Touch Car Wash & Auto Detail LLC 899.71 12/07/2023 Boat Winterization & Shrink Wrap 163412 Protect Youth Sports 306.90 12/07/2023 Background Checks 163413 Pud Of Grant County 978.54 12/07/2023 New Lift Station Elec. Services 163414 Quill Corporation 49.39 12/07/2023 Santa Letter Supplies City of Moses Lake Checks Issued with Summary Description For January 9th, 2024 Council Meeting COML Council Packet 1-9-24, Page 17 of 157 163415 Racom Corporation 207.49 12/07/2023 Tait Radio Cables 163416 REACH Media Network 628.72 12/07/2023 Annual License 163417 Redflex Traffic Systems Inc 47,701.93 12/07/2023 Redflex September 2023 163418 Platt Electric 271.53 12/07/2023 Ice Rink Supplies 163419 Robert E. Stoffregen, MA PS 5,122.57 12/07/2023 Mental Health Check Ins 163420 Rolluda Architects, Inc.199,072.08 12/07/2023 Police Building Design 163421 SCJ Alliance 7,608.75 12/07/2023 Code/Zoning Professional Services 163422 SCL Fence and Supply, LLC 661.41 12/07/2023 Fencing 163423 SHI International, Inc 708.91 12/07/2023 Adobe Subscription 163424 Shirtbuilders Inc 886.71 12/07/2023 Beanies 163425 Sirennet.Com 256.77 12/07/2023 Cup Holders 163426 Skaug Brothers Carpet One 1,889.27 12/07/2023 Carpet 163427 Smarsh Inc 203.58 12/07/2023 Professional Archive 163428 SWARCO McCain Inc.37,353.63 12/07/2023 350i ATC Cabinet GC2023‐110 163429 The Driftmier Architects  Ps 3,854.30 12/07/2023 Larson Rec Center Design 163430 Uline 1,056.62 12/07/2023 Coveralls/Insulated Foam/Garbage Bags 163431 Ups Freight 33.05 12/07/2023 Weekly Service Fees 163432 UPS Store 2469 47.32 12/07/2023 Postage Uniform Repair 163433 US Bank 1,225.00 12/07/2023 LOCAL Admin Fees 163434 Washington State Patrol 9,098.00 12/07/2023 Academy Attendance for Dominguez 163435 Washington State Patrol 259.50 12/07/2023 Background Checks 163436 Waytek Inc 37.72 12/07/2023 Cable Ties **Prompt Pay Discount** 163437 Weinstein Beverage Company 67.95 12/07/2023 Drinking Water 163438 Wheeler Excavation LLC 15,384.93 12/07/2023 Longview & Kinder Rebid 163439 William Scotsman, Inc 2,259.57 12/07/2023 Rental @ Sleep Center 163440 Allison Buckinham 40.00 12/08/2023 Refund Credit on Rec. Account 163441 Amanda Jensen 10.50 12/08/2023 Refund Credit on Rec. Account 163442 Ashley Schmig 10.00 12/08/2023 Refund Credit on Rec. Account 163443 Brad Mitchell 120.29 12/08/2023 2023 Boot Reimbursement 163444 Brandon Cruz 10.00 12/08/2023 Refund Credit on Rec. Account 163445 Brian Jones 15.12 12/08/2023 Meal Reimbursement 163446 Carrie Hoiness 34.32 12/08/2023 Purchase Reimbursement 163447 Christy Sharf 10.50 12/08/2023 Refund Credit on Rec. Account 163448 Gary Vela 174.23 12/08/2023 2023 Boot Reimbursement 163449 Jaime Lamb 160.00 12/08/2023 CDL Physical 2023 163450 James Workman 150.00 12/08/2023 2023 Boot Reimbursement 163451 Jennifer Shelton 39.60 12/08/2023 Purchase Reimbursement 163452 Marcy Maslen 55.21 12/08/2023 Uniform Reimbursement 163453 Mitchel Weldon 752.06 12/08/2023 Credit for Overpayment 163454 Omar Ramirez 3,524.27 12/08/2023 Replenish Buy Money 163455 Raelene Munoz 5.25 12/08/2023 Refund Credit on Rec. Account 163456 Robert Hernandez 5.00 12/08/2023 Refund Credit on Rec. Account 163457 Sarah Wirth 74.00 12/08/2023 Refund Credit on Rec. Account 163458 Shana Doumit 80.00 12/08/2023 Refund Credit on Rec. Account 163459 Stephanie Cumaravel 74.00 12/08/2023 Refund Credit on Rec. Account 163460 Thao Anh Nguyen 43.00 12/08/2023 Refund Credit on Rec. Account 163461 Todd Voth 5.25 12/08/2023 Refund Credit on Rec. Account 163462 Hayden Homes, LLC 6,025.00 12/11/2023 Permit Fees Overpaid 163463 Abc Hydraulics 4.90 12/18/2023 Fitting 163464 Ag Supply Ace Hardware 19.49 12/18/2023 Cord 163465 Amazon Capital Services, Inc.3,963.80 12/18/2023 Nov23 Amazon 163466 Anatek Labs, Inc.3,819.00 12/18/2023 Sample Testing 163467 Battery Systems Inc 33.86 12/18/2023 CB12120‐F1 Battery 163468 Bound Tree Medical LLC 5,835.86 12/18/2023 Medical Supplies 163469 Bud Clary Ford LLC 140.03 12/18/2023 Pin 163470 Carquest Auto Parts 30.66 12/18/2023 Tie Rod End 163471 Cascade Natural Gas Corp 2,015.28 12/18/2023 SNS Natural Gas 163472 Central Machinery Sales Inc 6,409.64 12/18/2023 Door Assembly/Glass 163473 Columbia Basin Herald 318.11 12/18/2023 PLN2023‐0077 Advertisement 163474 Commercial Tire Inc 304.51 12/18/2023 Flat Repair 163475 Consolidated Disposal Service 404.67 12/18/2023 Nov '23 Refuse Service 163476 North 40 Outfitters 317.93 12/18/2023 Batteries 163477 D & L Supply Company Inc 1,463.40 12/18/2023 Valve Box Slip Top 163478 Daniel Defense, LLC 10,741.36 12/18/2023 TRT Equipment 163479 Dell Marketing 4,929.12 12/18/2023 Laptop and Base 163480 Dobbs Peterbilt‐ Moses Lake 209.91 12/18/2023 Switch‐Battery Disconnect 163481 EMS Connect, LLC 360.00 12/18/2023 Training for Fire, Ambulance, Critical Care 163482 Extendobed 5,819.00 12/18/2023 Slide Out Command Center Eq. # 157 COML Council Packet 1-9-24, Page 18 of 157 163483 Faber Industrial Supply 560.03 12/18/2023 Backing Flange 163484 Fastenal Company 77.91 12/18/2023 AA Batteries 163485 Ferrellgas 112.66 12/18/2023 Propane 163486 Galls LLC 535.41 12/18/2023 Uniform Jacobs 163487 GMCO Corpoation 8,473.52 12/18/2023 Torch CI 163488 Grainger Parts Operations 1,074.10 12/18/2023 Flags 163489 H D Fowler Company 2,786.22 12/18/2023 Meter Parts 163490 Inland Pipe & Supply Company 1,501.12 12/18/2023 Insert Stiffners/Gate Valves **Prompt Pay Discount** 163491 Hochstatter Electric Inc 44.36 12/18/2023 60 Amp Fuses 163492 Home Depot Pro (Supplyworks)5,001.03 12/18/2023 Custodial Supplies 163493 Huntwork Enterprise LLC 823.89 12/18/2023 Ice Rink Repair ‐ Compressor 163494 Inland Body & Paint 1,738.30 12/18/2023 Repair Eq. # 046 163495 Jerrys Auto Supply 1,605.90 12/18/2023 Wiper Blades 163496 Kent D. Bruce Co LLC 1,060.57 12/18/2023 Magnetic Mic Conversion Kits 163497 Lad Irrigation Company Inc 237.36 12/18/2023 Wash Out Parts for Short Streets Hose 163498 McKesson Medical‐Surgical 2,115.48 12/18/2023 Medical Supplies 163499 Moses Lake Steel Supply 55.45 12/18/2023 Screws 163500 Evergreen StormH2O 25,616.63 12/18/2023 Stormwater Comp Plan 163501 Northstar Chemical Inc 3,093.00 12/18/2023 Sodium Hypochlorite Well # 8 163502 Oasis Auto Spa 624.80 12/18/2023 Car Washes November 2023 163503 Office of Financial Recovery 265.00 12/18/2023 2325 Garnishment 163504 Oreilly Auto Parts 307.00 12/18/2023 Torque Mount 163505 Oxarc Inc 292.29 12/18/2023 Flint Strikers 163506 Paramount Supply Company 795.11 12/18/2023 Solenoid Valve 163507 Parker Corporate Services, Inc 12,845.00 12/18/2023 Security November 2023 163508 Pasco Tire Factory, INC 138.84 12/18/2023 Alignment 163509 Perteet, Inc.431.25 12/18/2023 Moses Lake Mae Valley TMF 163510 Pro Touch Car Wash & Auto Detail LLC 37.77 12/18/2023 Car Washes November 2023 163511 Racom Corporation 187.72 12/18/2023 Cables/Connectors 163512 RAE Security Southwest, LLC 1,069.26 12/18/2023 Arm Door Close 163513 Rdo Equipment Co.102.35 12/18/2023 Fuel Pump 163514 Redflex Traffic Systems Inc 47,701.93 12/18/2023 Nov23 Redflex 163515 Rells Fire Equipment Inc 230.90 12/18/2023 Fire Alarm Monitoring ‐ Civic Center 163516 Platt Electric 80.62 12/18/2023 Maintenance Supplies 163517 RH2 Engineering Inc.13,103.61 12/18/2023 Water System Plan 163518 Sea Western Inc 1,186.98 12/18/2023 Annual Compressor Maintenance 163519 Sebastian Moraga 22.35 12/18/2023 Translation ‐ Bracero Program 163520 Sherwin‐Williams 178.70 12/18/2023 Museum Supplies ‐ 2024 Expense 163521 Shirtbuilders Inc 398.54 12/18/2023 Beginning Soccer Shirt Add‐on 163522 Signs Now, LLC 742.69 12/18/2023 Decals Eq. # 145 163523 Sirennet.Com 1,215.21 12/18/2023 Center Console Eq. # 157 163524 Systems Design West, LLC 5,916.73 12/18/2023 EMS Billing November 163525 Target Solutions Learning 99.99 12/18/2023 Crew Scheduling Software 163526 Teleflex LLC 561.46 12/18/2023 Medical Supplies 163527 Titan Truck Equipment 848.13 12/18/2023 Wire Rope 163528 Transunion Risk & Alternative 204.01 12/18/2023 Nov23 Transunion 163529 Util Undrgrnd Location Center 105.78 12/18/2023 Underground Locates November 2023 163530 Washington State Association of Fire Chiefs 2,430.00 12/18/2023 WA State Association of Fire Marshals Member Renewal for Beach 163531 Weaver Exterminating Srvc Inc 83.47 12/18/2023 Rodent Control 163532 Weinstein Beverage Company 75.55 12/18/2023 Museum Water 163533 Columbia Bearing Bdi 27.63 12/18/2023 V‐Ring Seals 163534 Agri‐Fix, LLC 146.07 12/18/2023 Towing 163535 Quill Corporation 156.19 12/18/2023 Admin Supplies 163536 Helena Agri‐Enterprises LLC 259.68 12/18/2023 Chemicals 163537 Uline 361.06 12/18/2023 Supplies 163538 Home Depot Pro (Supplyworks)396.46 12/18/2023 Gloves 163539 Home Depot Credit Services 799.84 12/18/2023 Home Depot Statement October 23 163540 Schindler Elevator Corp 401.08 12/18/2023 Elevator Maintenance 163541 4Imprint, Inc.406.46 12/18/2023 Magnets 163542 Kelley Connect 439.30 12/18/2023 Printer Contract 163543 Grant County Title Company 518.69 12/18/2023 2023 Records Search 163544 Shirtbuilders Inc 671.21 12/18/2023 Ice Rink Staff Shirts 163545 Ibs Inc 825.97 12/18/2023 Misc. Parts 163546 Central Manufacturing Inc 841.23 12/18/2023 Asphalt Patches‐Sage Rd. & Virginia St. 163547 McKesson Medical‐Surgical 1,033.86 12/18/2023 Medical Supplies 163548 Bound Tree Medical LLC 1,091.31 12/18/2023 Medical Supplies 163549 Galls LLC 1,125.02 12/18/2023 Uniform 163550 Axon Enterprise Inc 1,972.76 12/18/2023 Taser Certification Bundle COML Council Packet 1-9-24, Page 19 of 157 163551 Zoll Medical Corp 2,135.05 12/18/2023 Small Equipment, AED 163552 Centurylink 2,805.68 12/18/2023 Contract Services 163553 Renew 3,000.00 12/18/2023 3rd Quarter 2023 163554 Dooley Enterprises, Inc.6,919.59 12/18/2023 TRT 2023 Ammo 163555 Pud Of Grant County 54,215.69 12/18/2023 Wells Elec Services 163556 Fastenal Company 2.91 12/18/2023 Hex Nuts/U Bolts 163557 Oreilly Auto Parts 4.61 12/18/2023 HVAC Actuator 163558 Trilogy Medwaste West, LLC 39.00 12/18/2023 Medical Waste Disposal 163559 Wenatchee Valley Hospital 69.00 12/18/2023 Pre‐Employment Testing ‐ Jacobs 163560 Battery Systems Inc 69.30 12/18/2023 Operating Supplies 163561 Whitmer Public Safety Group 249.29 12/18/2023 Operating Supplies 163562 Imsa 270.00 12/18/2023 2024 Membership Dues 163563 Racom Corporation 304.87 12/18/2023 Radio Diagnose & Repair 163564 Bud Clary Ford LLC 497.73 12/18/2023 Insulator Assembly/Screws 163565 SolelyOn Broadcasting, LLC 1,348.00 12/18/2023 LTAC Advertising 163566 North 40 Outfitters 3,072.56 12/18/2023 Hacksaw‐Mini/Solder Kit/Propane/Heat Torch 163567 Grant County Fairgrounds 7,300.00 12/18/2023 LTAC‐ Flannel Fest 163568 Wilbur Ellis Company 12,283.77 12/18/2023 Weed Chemicals 163569 Perteet, Inc.22,501.00 12/18/2023 Moses Lake Admin Support 163570 Verizon Wireless Services, LLC 170.00 12/18/2023 Investigations Cost 163571 Summit Law Group 1,872.85 12/18/2023 HR Pro Services 163572 Andrea Carrillo 124.28 12/18/2023 Refund Utility Overpayment 163573 David Doumit 206.56 12/18/2023 Refund Utility Overpayment 163574 Gregory or Monique Trader 208.08 12/18/2023 Refund Utility Overpayment 163575 Mary E. Bell Living Trust 320.88 12/18/2023 Refund Utility Overpayment 163576 Robert or Myndie Neal 99.40 12/18/2023 Refund Utility Overpayment 163577 Rudy or Theresa Salazar 89.39 12/18/2023 Refund Utility Overpayment 163578 The Estate of Diane Engberg 29.51 12/18/2023 Refund Utility Overpayment 163579 A & H Printers Inc 1,272.62 12/21/2023 Envelopes 163580 Amazon Capital Services, Inc.204.76 12/21/2023 Amazon ‐ Admin Nov '23 163581 Apple, Inc.1,538.20 12/21/2023 Mac Mini 163582 AT&T Mobility II, LLC 1,034.20 12/21/2023 First Responder Phone Lines‐ CE Officers 163583 Basin Propane LLC 126.36 12/21/2023 Propane for Sleep Center 163584 Becker Arena Products Inc 3,170.26 12/21/2023 Ice Rink Supplies 163585 Bound Tree Medical LLC 2,167.92 12/21/2023 Medical Supplies 163586 Cascade Natural Gas Corp 850.03 12/21/2023 SNS Natural Gas 163587 Cdw Government 1,488.05 12/21/2023 Meter Reader Surfaces 163588 Centurylink 359.28 12/21/2023 Water Shutoff Notifications 163589 Centurylink 74.76 12/21/2023 509‐765‐2240 400B 12.13.23 163590 Cobies Fine Dry Cleaning 10.08 12/21/2023 Tailoring 163591 Columbia Basin Cancer Foundation 2,500.00 12/21/2023 Craft Out Cancer 2023‐ LTAC 163592 Columbia Basin Herald 1,380.82 12/21/2023 Newspaper Subscription Renewal 163593 Consolidated Disposal Service 64.80 12/21/2023 Medical Waste 163594 Consolidated Electrical Distributors Inc 158.01 12/21/2023 Ice Rink Supplies 163595 Copiers Northwest Inc 965.37 12/21/2023 Equipment Contract Fees 163596 CoStar Realty Information, Inc.2,884.53 12/21/2023 LTAC Advertising 163597 Databar Inc 1,930.63 12/21/2023 Utility Bills 163598 Esri Inc 30,785.60 12/21/2023 Enterprise Software Agreement 12/2023‐12/2024 163599 Faber Industrial Supply 149.85 12/21/2023 Green Marking Paint 163600 Ferrellgas 31.45 12/21/2023 Propane, Station 2 163601 Fishingmagician.com 300.00 12/21/2023 LTAC Advertising 163602 Grant Co Solid Waste 141,261.05 12/21/2023 Landfill Dumping Fees 163603 Grant County Conservation District 1,500.00 12/21/2023 Education & Outreach 163604 Grant County Fairgrounds 10,000.00 12/21/2023 LTAC Reimbursement‐ Moravida 163605 Gray & Osborne, Inc.15,047.95 12/21/2023 Well 34 Pilot Study 163606 GrayMar Environmental Services, Inc 869.55 12/21/2023 Dispose of Unused MEC‐1226 163607 Ground Works Three, LLC 5,041.67 12/21/2023 Rental @ Sleep Center 163608 Harris Computers Inc 402.97 12/21/2023 W2 Forms/Envelopes 163609 Home Depot Credit Services 1,884.86 12/21/2023 November 2023 Statement 163610 Itron Inc 1,167.93 12/21/2023 Meter Read System Maint. Agreement 163611 Jerrys Auto Supply 395.89 12/21/2023 Disc Brake Pad 163612 Katherine Kenison, PS 21,434.00 12/21/2023 City Atty Service November 23 163613 Kelley Connect 3,246.65 12/21/2023 Adam Office Furniture 163614 Lad Irrigation Company Inc 67.01 12/21/2023 PVC Supplies 163615 Lake Bowl 1,088.00 12/21/2023 Bowling Camp 163616 Lakeside Disposal, Inc 25.67 12/21/2023 Recycling @ Fire 163617 Lisa Kay Dorsing 189.70 12/21/2023 Council/Admin Photos 163618 Martin Law LLP 21,291.22 12/21/2023 PFAS Omni General Pro Services COML Council Packet 1-9-24, Page 20 of 157 163619 McKesson Medical‐Surgical 438.64 12/21/2023 Broken Bottles, I23‐008306 163620 MIRO‐TV 1,500.00 12/21/2023 LTAC Advertising 163621 Moon Security Services Inc 85.57 12/21/2023 Security @ Annex 163622 Moses Lake Spring Festival 50,000.00 12/21/2023 LTAC Advertisement 163623 Moses Lake Steel Supply 7.09 12/21/2023 Steel Flat Bar 163624 North 40 Outfitters 33.24 12/21/2023 Operating Supplies 163625 Northwest Safety Clean 321.19 12/21/2023 Professional Services 163626 NW AG 330.80 12/21/2023 Chemicals‐ Airport 163627 Oxarc Inc 383.30 12/21/2023 Hand Warmers‐ Sleep Center 163628 Parker Corporate Services, Inc 7,854.54 12/21/2023 Security @ Sleep Center 163629 Pasco Tire Factory, INC 94.35 12/21/2023 Tire Disposal 163630 Pud Of Grant County 81,316.70 12/21/2023 Buildings Ele. Services 163631 Qcl Inc 107.00 12/21/2023 Pre Employment Testing 163632 R&M Hansen, Inc 1,537.51 12/21/2023 Laundry @ Sleep Center Nov 23 163633 RH2 Engineering Inc.6,560.29 12/21/2023 On‐Call Electrical Engineering Services. 163634 Samaritan Healthcare 32.00 12/21/2023 BLS Cards 163635 SCJ Alliance 965.50 12/21/2023 Planning Pro Services 163636 Sebastian Moraga 60.07 12/21/2023 Park Masterplan Translation 163637 Shirtbuilders Inc 41.19 12/21/2023 Safety Gear‐ Adam 163638 SolelyOn Broadcasting, LLC 38.00 12/21/2023 LTAC Advertising 163639 Summit Law Group 7,788.50 12/21/2023 HR Pro Services 163640 Trane U.S. Inc.1,930.88 12/21/2023 Portable Refrigeration Unit + Delivery 163641 Trilogy Medwaste West, LLC 39.00 12/21/2023 Medical Waste Disposal 163642 Ups Freight 65.25 12/21/2023 Weekly Service Fees 163643 Usps/Pb Postage By Phone 4,000.00 12/21/2023 Refill Postage Machine 163644 Verizon Wireless 12,513.64 12/21/2023 Cell Phone Services 163645 Vimly Benefit Solutions, Inc 2,422.35 12/21/2023 Williams Cobra December 2023 163646 Wa Cities Insurance Authority 197.50 12/21/2023 Large Deductible Program 163647 Waste Mgt Recycle America Inc 2,337.47 12/21/2023 Commingle Loads 163648 Weinstein Beverage Company 22.65 12/21/2023 Water Service 163649 Wenatchee Valley Hospital 120.00 12/21/2023 Guzman Boosters 163650 William Scotsman, Inc 894.30 12/21/2023 Rental @ Sleep Center 163652 Zoll Medical Corp 465.77 12/21/2023 Medical Supplies 163653 Alex Morton 158.52 12/21/2023 2023 Union Boot Reimbursement 163654 Franklin Ridgeway 250.00 12/21/2023 2023 Union Boots 163655 Gabe DeLeon 150.00 12/21/2023 2023 CDL Physical 163656 Gary Johnson 195.11 12/21/2023 2023 Union Boots 163657 Grant County Auditor 737.50 12/21/2023 Airport Boundary Line Adj. Recording 163658 Grant County Treasurer 20.00 12/21/2023 Tax Affidavit Fees 163659 Judy Madewell 22.93 12/21/2023 Mileage Reimbursement 163660 Justin Akerley 158.52 12/21/2023 2023 Union Boots 163661 Linda Haycock 40.00 12/21/2023 Credit on Rec Account 163662 Nathan Pate 593.00 12/21/2023 Membership Reimbursement 163663 Philip Hanson 238.77 12/21/2023 2023 Union Boots 163664 Ruth Bresee 10.00 12/21/2023 Credit on Rec Account 163665 Travis Mohs 249.31 12/21/2023 2023 Union Boots 163666 Aaron Hayes 349.18 12/22/2023 Refund Utility Overpayment 163667 Bryce Holmes 557.00 12/22/2023 Refund Utility Overpayment 163668 Charles Jason or Kirsha Widdis 109.20 12/22/2023 Refund Utility Overpayment 163669 Cory Klingenberg 869.31 12/22/2023 Refund Utility Overpayment 163670 D2 Commercial Lending LLC 121.79 12/22/2023 Refund Utility Overpayment 163671 Danielle Palmer 249.32 12/22/2023 Refund Utility Overpayment 163672 David Perrault 388.93 12/22/2023 Refund Utility Overpayment 163673 Evelyn Ellestad 35.87 12/22/2023 Refund Utility Overpayment 163674 Freeman or Roseann Homer 54.57 12/22/2023 Refund Utility Overpayment 163675 Guangning Zhang 123.69 12/22/2023 Refund Utility Overpayment 163676 Jakob or Brooke Salzl 205.83 12/22/2023 Refund Utility Overpayment 163677 Jordan Laufer 171.19 12/22/2023 Refund Utility Overpayment 163678 Joseph or Jessica Stang 76.15 12/22/2023 Refund Utility Overpayment 163679 Lindsey White 181.67 12/22/2023 Refund Utility Overpayment 163680 Rocky Desert Properties LLC 88.59 12/22/2023 Refund Utility Overpayment 163681 Rosario McKean 370.40 12/22/2023 Refund Utility Overpayment 163682 Ryan Kuhn 233.09 12/22/2023 Refund Utility Overpayment 163683 Sean Welch 91.29 12/22/2023 Refund Utility Overpayment 163684 The Estate of Alexis Morad 256.34 12/22/2023 Refund Utility Overpayment 163685 The Estate of Alexis Morad 195.46 12/22/2023 Refund Utility Overpayment 163686 Tomlinson Black Property Management 473.84 12/22/2023 Refund Utility Overpayment 163687 Tomlinson Black Property Management 301.43 12/22/2023 Refund Utility Overpayment COML Council Packet 1-9-24, Page 21 of 157 163688 Lukins & Annis Attorneys 57.79 12/22/2023 Abandoned Records Request 163689 Allstate Cash Processing‐ Credit Refund 1,031.00 12/28/2023 Ambulance Refund‐ L. Tudor Claim #0701065393 163690 Columbia Basin Water Works Inc 1,188.42 12/28/2023 Large Meter Testing Retainage Release 163691 Washington State Treasurer 135.36 12/28/2023 State Remittance Period Ending 11.30 163692 Janelle Sword 732.71 12/29/2023 LEOFF Retiree Pension Dec 2023 163693 Luther Stowers 644.61 12/29/2023 LEOFF Retiree Pension Dec 23 163694 Derek Perez 308.93 12/30/2023 2023 Union Boot Allowance 163695 Derek Peters 150.00 12/30/2023 2023 Boot Allowance 163696 Dominic Leiggi 150.00 12/30/2023 2023 Union Boot Allowance 163697 James  McEachran 159.25 12/30/2023 2023 CDL Endorsement 163698 Levi Allen 32.00 12/30/2023 CPL Refund‐ Citizen of Warden 163699 Lakeside Disposal, Inc 304,929.57 12/30/2023 November Contract Payment 163700 CAD HOMES LLC 100.00 12/30/2023 Refund Utility Overpayment 163701 CAD HOMES LLC 51.23 12/30/2023 Refund Utility Overpayment 163702 Carol Fay 137.23 12/30/2023 Refund Utility Overpayment 163703 COREY STIKA 339.67 12/30/2023 Refund Utility Overpayment 163704 D2 Commercial Lending LLC 159.18 12/30/2023 Refund Utility Overpayment 163705 Melissa Wambaugh 8.92 12/30/2023 Refund Utility Overpayment 163706 Justin Dominguez 188.00 12/30/2023 SCVA Mask Lens Purchase 163707 A & H Printers Inc 74.80 01/02/2024 Supplies 163708 Agri‐Fix II 6,839.81 01/02/2024 Homicide Vehicle Tow 163709 Alan Key 200.00 01/02/2024 Pre‐Employment Polygraph 163710 Alicia M. Hicks 38.50 01/02/2024 Museum Consignment Sales 163711 Amazon Capital Services, Inc.866.72 01/02/2024 Amazon Nov23 163712 Anatek Labs, Inc.384.00 01/02/2024 Sample Testing 163713 Angela Hunt 33.25 01/02/2024 Museum Consignment Sales 163714 Anna Enriquez 31.50 01/02/2024 Museum Consignment Sales 163715 Aspect Consulting 17,572.89 01/02/2024 Water Supply and Permit Services 163716 Barbara Harris 158.90 01/02/2024 Museum Consignment Sales 163717 Barbara Nickerson 33.60 01/02/2024 Museum Consignment Sales 163718 Basin Propane LLC 121.92 01/02/2024 Propane for Sleep Center 163719 Battery Systems Inc 140.81 01/02/2024 2023 ‐ BW1280‐F2 Battery 163720 Belikebro, LLC 6,829.10 01/02/2024 Firearms 163721 Bound Tree Medical LLC 1,923.88 01/02/2024 Medical Supplies 163722 Bud Clary Ford LLC 57,586.80 01/02/2024 2024 Ford F250 4X4 Eq. No. 108 163723 Cdw Government 1,488.05 01/02/2024 Surface Pro‐ Meter Reader 163724 Central Machinery Sales Inc 89.43 01/02/2024 Shock 163725 Centurylink 3,361.91 01/02/2024 206‐T32‐2908 583B 12.16.2023 163726 Centurylink 1,748.21 01/02/2024 Water Shutoff Notifications 163727 Christian Olson 44.10 01/02/2024 Museum Consignment Sales 163728 Columbia Basin Allied Arts 7,500.00 01/02/2024 LTAC Reimbursement 2023 163729 Columbia Basin Herald 238.26 01/02/2024 Advertising for Division Lift Station 163730 Commercial Tire Inc 114.96 01/02/2024 225/70R15 Tire 163731 Consolidated Electrical Distributors Inc 28.82 01/02/2024 Lable Media 163732 Copiers Northwest Inc 564.02 01/02/2024 Equipment Contract Fees 163733 Cost Less Carpet 154.79 01/02/2024 Cove Base 163734 Databar Inc 1,479.37 01/02/2024 Utility Billing Invoices 163735 Deborah Goodrich Chittenden 114.10 01/02/2024 Museum Consignment Sales 163736 Dee Dee Dressen 49.00 01/02/2024 Museum Consignment Sales 163737 Dept Of Labor & Industries 379.25 01/02/2024 L&I Elevator Permit 163738 Dianne Figlewicz Lattenann 35.00 01/02/2024 Museum Consignment Sales 163739 Dr Lou Sowers 2,100.00 01/02/2024 Pre‐Employment Psych 163740 Elizabeth Grimsrud 112.70 01/02/2024 Museum Consignment Sales 163741 Faber Industrial Supply 1,196.32 01/02/2024 Flashlight 163742 Fastenal Company 1,975.72 01/02/2024 Misc. Parts 163743 Fehr & Peers 14,637.00 01/02/2024 Moses Lake Travel Demand Model Development 163744 Frances Wood 80.47 01/02/2024 Museum Consignment Sales 163745 Galls LLC 862.86 01/02/2024 Uniform 163746 Grainger Parts Operations 273.90 01/02/2024 Air Filters 163747 Grant County Treasurer 995.50 01/02/2024 2% Liquor Profits December 23 163748 Gray & Osborne, Inc.2,822.43 01/02/2024 Professional Services‐Well 34 Pilot Study 163749 Greg Graffe 171.50 01/02/2024 Museum Consignment Sales 163750 Hach Company 1,252.03 01/02/2024 Chlorine Free Reagent Set 163751 Haglund's Trophies, LLC 92.57 01/02/2024 Name Plates/Holders 163752 IAFF #1258/Disab Ins 4,572.22 01/02/2024 2326 IAFF Fire Disability 163753 Inland Pipe & Supply Company 90.61 01/02/2024 MJ Gaskets **Prompt Pay Discount** 163754 International Code Council 160.00 01/02/2024 ICC Membership Fee 163755 Jerry Johnson 115.50 01/02/2024 Museum Consignment Sales COML Council Packet 1-9-24, Page 22 of 157 163756 Jerrys Auto Supply 976.95 01/02/2024 Fuel Filter 163757 Jims Lock Service LLC 22.11 01/02/2024 Key Blank 163758 Joes Excavation Inc 131,751.07 01/02/2024 COF Valve Replacement Project 163759 John Peterson 157.50 01/02/2024 Museum Consignment Sales 163760 Judy Rice 126.00 01/02/2024 Museum Consignment Sales 163761 Kassandra Wiggum 42.00 01/02/2024 Museum Consignment Sales 163762 Katherine A. Uhlinger 63.00 01/02/2024 Museum Consignment Sales 163763 Kathy McCulloch Wade 122.50 01/02/2024 Museum Consignment Sales 163764 Keller Associates 3,755.00 01/02/2024 Wastewater Plan 163765 Kelley Connect 3,959.82 01/02/2024 Office Furniture 163766 Kottkamp & Yedinak, P.L.L.C.455.00 01/02/2024 Planning Pro Services 163767 Kris Chudomelka 289.10 01/02/2024 Museum Consignment Sales 163768 Lee Ann St Clair 87.50 01/02/2024 Museum Consignment Sales 163769 Localtel Communications 1,206.30 01/02/2024 Internet 163770 Loveta Boyce 28.00 01/02/2024 Museum Consignment Sales 163771 Lowes 4,589.63 01/02/2024 November Statement 163772 Maria Morales 52.50 01/02/2024 Museum Consignment Sales 163773 Marsha Baerlocher 21.00 01/02/2024 Museum Consignment Sales 163774 Martin Schempp 81.20 01/02/2024 Museum Consignment Sales 163775 McKinstry Essention, LLC 334,739.84 01/02/2024 Museum Lighting Solar Upgrade. 163776 Meghanne Davis 42.00 01/02/2024 Museum Consignment Sales 163777 Miette Nichole Dahlgren 87.50 01/02/2024 Museum Consignment Sales 163778 Moses Lake Steel Supply 20.67 01/02/2024 Misc. Parts 163779 Norco Enterprises Inc 341.81 01/02/2024 Handwarmers‐ Sleep Center 163780 North 40 Outfitters 323.91 01/02/2024 Signs, Hose Washers 163781 Northstar Chemical Inc 3,301.50 01/02/2024 Sodium Hypochlorite Well # 10 163782 Northwest Barricades & Signs, LLC 106.23 01/02/2024 Safety Gear 163783 Oreilly Auto Parts 15.36 01/02/2024 Micro‐V Belt 163784 Oxarc Inc 39.57 01/02/2024 Gloves/Ear Protection 163785 Paramount Supply Company 259.89 01/02/2024 PVC Adapters 163786 Patrick Fleming 45.50 01/02/2024 Museum Consignment Sales 163787 Paul Michael Nowlin 63.00 01/02/2024 Museum Consignment Sales 163788 Paula J. Zanter‐Stout 80.15 01/02/2024 Museum Consignment Sales 163789 Platt Electric 153.47 01/02/2024 Flood Light 163790 Police Training Solutions 4,781.25 01/02/2024 Case Review 163791 Public Safety Testing Inc 969.00 01/02/2024 Q4 Subscriptions 163792 Pud Of Grant County 16,082.64 01/02/2024 Lift Stations Elec. Services 163793 Qcl Inc 282.00 01/02/2024 Random Drug Testing 163794 Quill Corporation 103.16 01/02/2024 Hot Chocolate 163795 Rebekah Michelle Littlefield 70.00 01/02/2024 Museum Consignment Sales 163796 Rotschy Inc 27,435.55 01/02/2024 Wheeler RD Sinkhole Emergency 163797 Salt Distributors, INC 56,027.95 01/02/2024 Corrosion Inhibited Salt 163798 Shirtbuilders Inc 885.97 01/02/2024 Caps/Beanies 163799 Sigrid Penrod 96.60 01/02/2024 Museum Consignment Sales 163800 Smarsh Inc 3,408.31 01/02/2024 Additional Lines‐ Set Up Fees 163801 Stryker Medical 1,152.40 01/02/2024 Operating Supplies 163802 T‐Mobile Usa, Inc 175.00 01/02/2024 Investigations Costs 163803 Traffic Safety Supply Company 7,325.75 01/02/2024 Sign Materials 163804 Uline 1,807.67 01/02/2024 Supplies 163805 Ups Freight 32.64 01/02/2024 Weekly Service Fees 163806 Wa Assn Sheriff Police Chiefs 375.00 01/02/2024 Training Registration 163807 Weinstein Beverage Company 211.74 01/02/2024 Drinking Water 163808 Wenatchee Valley Hospital 998.00 01/02/2024 New Hire Physical 163809 Ziggys 226.39 01/02/2024 Gloves‐ Steve & Adam 163810 Felix Rea 50.00 01/03/2024 License Renew Reimbursement 2,481,361.04$   COML Council Packet 1-9-24, Page 23 of 157 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Mayor and City Council 13825 Kevin Fuhr, City Manager Administration 1/9/2024 Consent Agenda City Legislative Meeting Calendar 2024 City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Staff recommends City Council approve the 2024 Legislative Calendar as presented. 2024 Calendar for Council DRAFT.pdf 88.77KB MLMC 2.08 designates meeting dates for all Boards and Commissions. The second meeting in December is recommended to be canceled. There are no other altered dates being recommended for 2024. n-a Options and Results The document will be saved as final draft in the Council cloud folder for future reference. Staff will bring back options for recommended changes. The calendar changes will not be adopted at this time. COML Council Packet 1-9-24, Page 24 of 157 January S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 April S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 February S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 May S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 November S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 March S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 June S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 September S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 December S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Holidays City Admin Offices Closed January Mon, 1st – New Year’s Day - 1st Mon, 15th – MLK Jr. Day – 3rd Mon February Mon, 19th - Presidents' Day – 3rd Mon May Mon, 27th - Memorial Day – Last Mon June Jun, 19th – Juneteenth - 19th July Thurs, 4th - Independence Day – 4th September Mon, 2nd - Labor Day - 1st Mon November Mon, 11th - Veterans Day – 11th Th-Fr, 28th and 29th – Thanksgiving Day (4th Th + Fri) December Wed, 25th - Christmas Day – 25th Meetings Key Hearing Examiner – 10 am Civil Service – 2 pm City Council – 6:30 pm Parks, Rec, Cultural Svcs. - 6 pm Planning Commission–6 pm City Council 4th Tue – 6:30 pm Airport – to be determined! LEOFF1 meets 2nd Tue of every other month. LTAC, Civil Service, and Fire Pension Board meet as needed. 2024 AWC Action Days Jan 24-25, Olympia Mayor’s Exchange Feb 22, Olympia AWC Conference June 18-21 Vancouver Other AWC Events dates tbd COML Council Packet 1-9-24, Page 25 of 157 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: Mayor and City Council 14079 Kevin Fuhr, City Manager Administration 1/9/2024 Consent Agenda Aspect Consulting Contract Amendment City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 45,000.00$45,000.00$0.00$ Staff recommends Council move to authorize the contract amendment as presented. Aspect Consulting has been providing water rights work for the city for a number of years. Work has included water right sourcing, work through the change application processes, water rights technical support through historic water rights appeal, water right administrative interpretations, code writing and technical analysis to support work on Well 20 with the EPA. This amendment authorizes 4 new Tasks as follows: Well 20 Testing and Analysis, Well 20 Startup/Monitoring Plan, Reporting to Department of Health, and meeting participation as directed by City staff. Professional services budget exists within the 2023 and 2024 budgets to cover the on call contract. Options and Results Water rights work continues with Aspect. Staff will bring back options for recommended changes. COML Council Packet 1-9-24, Page 26 of 157 No Action Taken: Current projects would need to be transitioned to staff limiting overall productive work on this issue. COML Council Packet 1-9-24, Page 27 of 157 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Kevin Fuhr, City Manager 13763 Brian Baltzell, Director Public Works 1/9/2024 Consent Agenda Electrical Engineering Services Contract Amendment #4 City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Staff recommends that City Council motion to approve the Contract Amendment #4. Contract_Amnd No. 4_Municipal Services Projects Date Ext & Rate Update_Reviewed by RH2(PRC)_20231202.pdf 259.88KB On March 5, 2019, the City of Moses Lake approved an Electrical Engineering Service Agreement with the engineering consultant firm RH2. The agreement makes RH2's professional electrical engineering services available to the city for various projects. The city has granted specific task authorizations with unique scopes of work as part of this agreement. The task authorizations that are still ongoing include: Division Lift Station Electrical Design Peninsula Lift Station Electrical Design Domestic Water SCADA On-Call Services Domestic Wastewater SCADA On-Call Services These services were all included in the 2024 approved budget process. Specific Task Authorizations related to the 2024 SCADA On-Call Services (to define scope and cost ceilings) are forthcoming. This contract amendment only defines the new billing rates for 2024 and extends the contract performance period to end on December 31, 2024. COML Council Packet 1-9-24, Page 28 of 157 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: This contract amendment allows budgeted funds to continue to be spent through the end of 2024. Options and Results Staff will execute the contract amendment with the electrical engineering consultant. Staff will develop options to accommodate the recommended changes. Staff will await further instructions. COML Council Packet 1-9-24, Page 29 of 157 10/11/2022 8:21 AM J:\data\MLK\219-034\00 Contract\Amendment No. 4\Amnd No. 4_AGMT_Municipal Services Projects Date Ext & Rate Update.docx City of Moses Lake Contract Amendment No. 4 Municipal Services Projects RH2 Project No. MLK 219.034 In accordance with our Agreement for Professional Services for Municipal Services Projects, dated March 5, 2019, this is an authorization to revise the project Scope of Work as described below. The work will be performed and invoiced using the terms and conditions listed in the original agreement, plus previous amendments. Modify the following elements of the Agreement: The period of performance for this Agreement will be extended for a completion date of December 31, 2024, and the billing rates will be updated as specified in the attached Exhibit A, 2024 Schedule of Rates and Charges. Please sign this authorization in the space provided below and return to RH2 Engineering, Inc., by mail at the address below, or by email to canderson@rh2.com. RH2 Engineering, Inc. City of Moses Lake Signature Signature Print Name/Title Print Name/Title Date RH2 Engineering, Inc., 300 Simon Street SE, East Wenatchee, WA 98802 Date City of Moses Lake, P.O. Box 1579, Moses Lake, WA 98837 Original Page 1 of 2 Pages COML Council Packet 1-9-24, Page 30 of 157 RATE LIST RATE UNIT Professional I $166 $/hr Professional II $182 $/hr Professional III $202 $/hr Professional IV $223 $/hr Professional V $237 $/hr Professional VI $256 $/hr Professional VII $274 $/hr Professional VIII $285 $/hr Professional IX $303 $/hr Technician I $129 $/hr Technician II $142 $/hr Technician III $160 $/hr Technician IV $174 $/hr Technician V $191 $/hr Technician VI $209 $/hr Technician VII $227 $/hr Technician VIII $237 $/hr Administrative I $86 $/hr Administrative II $101 $/hr Administrative III $118 $/hr Administrative IV $141 $/hr Administrative V $166 $/hr CAD/GIS System $27.50 $/hr CAD Plots - Half Size $2.50 price per plot CAD Plots - Full Size $10.00 price per plot CAD Plots - Large $25.00 price per plot Copies (bw) 8.5" X 11"$0.09 price per copy Copies (bw) 8.5" X 14"$0.14 price per copy Copies (bw) 11" X 17"$0.20 price per copy Copies (color) 8.5" X 11"$0.90 price per copy Copies (color) 8.5" X 14"$1.20 price per copy Copies (color) 11" X 17"$2.00 price per copy Technology Charge 2.50%% of Direct Labor Night Work 10.00%% of Direct Labor Mileage $0.6550 price per mile (or Current IRS Rate) Subconsultants 15%Cost + Outside Services at cost EXHIBIT A RH2 ENGINEERING, INC. 2024 SCHEDULE OF RATES AND CHARGES Rates listed are adjusted annually. Original Page 2 of 2 Pages COML Council Packet 1-9-24, Page 31 of 157 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Kevin Fuhr, City Manager 13787 Brian Baltzell, Director Public Works 1/9/2024 Consent Agenda Electrical Engineering Services Task Authorization No. 18 for On-Call Water and Wastewater Services City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 35,000.00$35,000.00$0.00$ Staff recommends that City Council motion to approve the Task Authorization No. 18 for water and wastewater electrical engineering services for 2024. Contract_TaskAuth No. 18_Water Wastewater Maintenance_Signed by RH2(PRC)_20231218.pdf 257.19KB On March 5, 2019, Council approved an Electrical Engineering Service Agreement with the engineering consultant firm RH2. The agreement makes RH2's professional electrical engineering services available to the city for various projects. The city has granted specific task authorizations with unique scopes of work as part of this agreement. The task authorizations that are still ongoing include: Division Lift Station Electrical Design Peninsula Lift Station Electrical Design Domestic Water SCADA On-Call Services Domestic Wastewater SCADA On-Call Services These services were all included in the 2024 approved budget process. Task Authorization No. 18 defines the scope of work and expense ceiling for the 2024 SCADA On-Call Services for water and wastewater. Task Authorization No. 18 allows budgeted funds to be spent for water and wastewater SCADA services. COML Council Packet 1-9-24, Page 32 of 157 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Options and Results Staff will execute the task authorization with the electrical engineering consultant. Staff will develop options to accommodate the recommended changes. Staff will await further instructions. COML Council Packet 1-9-24, Page 33 of 157 1 12/18/2023 10:56:25 AM J:\data\MLK\219-034\00 Contract\TA 18\TaskAuth No. 18_AGMT_Water & Wastewater Maintenance.docx Task Authorization No. 18 City of Moses Lake On-Call Electrical Engineering Services Water and Wastewater Maintenance December 2023 RH2 Project No. MLK 0219034.18 In accordance with our Professional Services Agreement for On-Call Electrical Engineering Services, dated March 5, 2019, this Task Authorization outlines the Scope of Work for Water and Wastewater Maintenance. The work will be performed and invoiced in compliance with the terms and conditions listed in the governing Agreement and any issued Contract Amendments. Scope of Work The City of Moses Lake (City) requests that RH2 Engineering, Inc., (RH2) assist with upkeep of the water and wastewater systems not related to other contracts between the City and RH2. Services will be performed by RH2 only when requested by the City in writing. This Scope of Work may include, but is not limited to, remote and on-site support for maintaining the systems and troubleshooting issues that arise. Services requiring assistance from a subconsultant or procurement of equipment are expressly excluded from this Task Authorization. Fee for Services The fee for services shall be on a time and expense basis and shall not exceed $35,000 without prior written authorization of City of Moses Lake. RH2 Engineering, Inc. City of Moses Lake _______________________________________ Signature _______________________________________ Signature _______________________________________ Print Name/Title _______________________________________ Print Name/Title _______________________________________ Date _______________________________________ Date Original Page 1 of 1 Pages 12/18/2023 Paul R. Cross, Executive Vice President COML Council Packet 1-9-24, Page 34 of 157 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Kevin Fuhr, City Manager 13995 Brian Baltzell, Director Public Works 1/9/2024 Consent Agenda 2024 Biosolids Land Application General Services Contract Award City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 308,000.00$308,000.00$0.00$ Staff recommends that City Council motion to award the 2024 Biosolids Land Application general services contract to Fire Mountain Farms Inc. GC2023-164 Biosolids Land Application Project Contract and Proposal.pdf 1.99MB Biosolids are a byproduct of the municipal wastewater treatment plant (WWTP) process. Removal of the biosolids from the long-term sludge digestion basins is an essential maintenance activity for our wastewater treatment plant operations. This general services contract has been formed to remove biosolids from one or more basins and to apply the biosolids on permitted local farmlands. The quote for the project tabulated in the contract was based on total estimated volumes of biosolids available at the city's WWTP's. The actual volume of biosolids removed for this project will be limited by the city's budget for this project. City staff plans to remove only that volume of biosolids that corresponds to the total project budget of $308,000. The quoted unit cost per dry ton of biosolids remains constant regardless of the total volume removed. The project would require budgeted funds to be spent in the amount of $308,000. Options and Results City staff will execute the attached contract with Fire Mountain Farms Inc. COML Council Packet 1-9-24, Page 35 of 157 Provide Amended Direction: No Action Taken: Staff will develop options corresponding to the recommended changes. City staff will wait for further instructions. 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Final Project Agreement_Moses Lake Museum_Creo Industrial Arts.pdf 606.15KB At the November 28 Council Meeting, Council approved a budget amendment for the fabrication of the newly designed history pods. This contract with Creo Industrial Arts is for the fabrication of these pods. None Options and Results Staff will execute the contract. Staff will bring back options for recommended changes. Staff will bring back the contract for approval at the next meeting. COML Council Packet 1-9-24, Page 74 of 157 DRAFT – Moses Lake Museum & Art Center Exhibit Agreement Project Agreement: Moses Lake Museum & Art Center - Exhibits This agreement (“Agreement”), dated January 3, 2024 is enacted by and between CRĒO Industrial Arts, LLC, a Washington limited liability company (“Contractor”) and Moses Lake Museum & Art Center (“Client”). Contractor Client CREO Industrial Arts Moses Lake Museum & Art Center 8329 216th Street SE 401 S. Balsam Street Woodinville, WA 98072 Moses Lake, WA 98837 Phone: 425.775.7444 Phone: 509.764.3830 Email: mmatthews@creo-ia.com Email: dboyd@cityofml.com , 1. Scope of Work a. Contractor will fabricate and install exhibit components for the Client, as specified to date in the following documents incorporated herein by reference (the “Work”): i. 2021-10-26 MLM Workshop.pdf ii. Moses Lake Platforms.pdf iii. Exhibit A-Pod Graphics.pdf iv. Moses Lake Story Hierarchy_Diagram_230306.pdf v. Moses Lake Museum & Art Center_Exhibit Refurb Proposal_CREO_4.5.2023 The Work will be built in accordance with the plans and specifications and will be available in the Contractor’s production facility for review. Once completed and approved, the Work will be shipped to and installed at the Moses Lake Museum & Art Center, 401 S. Balsam Street, Moses Lake, WA 98837. 2. Schedule a. The Target Date of Substantial Completion [the Work can be used for its intended purpose] is June 30, 2024, with intermediate deadlines to be set forth in Attachment B: Moses Lake Museum & Art Center Exhibit Preliminary Milestone Schedule. b. Contractor shall prepare, for approval by Client, the Exhibit Design and Construction Drawings consisting of drawings and other documents, including outline specifications, to fix and describe the size and character of the Work. Contractor shall not proceed with Fabrication until he has secured Client’s written approval of the Construction Drawings. c. Contractor acknowledges that coordination with other vendors and Client representatives will be required throughout the duration of this Project. Contractor agrees to coordinate a schedule with said parties. 3. Project Representative a. Contractor shall designate a project manager who shall oversee and coordinate project- related work on behalf of Contractor. Under this Agreement, the Project Manager shall receive communication from Client, work product, inquiries, and requests for approval. Contractor's project manager shall be Michael Ettinger. b. Client shall designate a Project Manager who shall oversee and coordinate the work designated in this document on behalf of Client. The Project Manager shall receive all COML Council Packet 1-9-24, Page 75 of 157 DRAFT – Moses Lake Museum & Art Center Exhibit Agreement communication from Contractor. Client’s Project Manager is Dollie Boyd. c. Client designates Doug Coutts as Client’s representative authorized to give approvals on behalf of Client pursuant to this Agreement. Contractor shall be entitled to rely upon the approvals of the Client’s representative. The Client shall not be liable for payment for any Services without such approval. 4. Fee a. Client agrees to pay Contractor a sum total of $130,000.00 including tax (the “Fee”), as specified in Attachment A: Moses Lake Museum & Art Center Exhibit Budget. b. A detailed line-item budget will be developed during final design and incorporated into the contract. c. A Schedule of Values will be developed from the line item budget and used to identify progress to date. Progress invoices will be sent by the 30th of each month to the following address: Moses Lake Museum & Art Center, 401 S. Balsam Street, Moses Lake, WA 98837. Payments are due net 30 from the date printed on the invoice. The final invoice shall be submitted after the care, custody, and control of the Work has been delivered by the Contractor. d. The Fee is subject to additions and/or deductions by written Change Order, as provided under Section 5a. of the Agreement. 5. Change Orders a. Client may, without invalidating this Agreement, make changes (including, but not limited to, any modification, variation, alteration, omission, addition, substitution, or any other change whatsoever) to the Work. In such event, the terms of this signed Agreement will accompany said change orders. All such work shall be executed under the conditions of this Agreement, except that any claim for extension of time caused thereby, must be agreed upon in written form signed and dated by both parties at the time of ordering such change. All change order requests shall be routed to Contractor’s Project Manager. All changes and extensions of time shall be documented in writing as addenda to this Agreement and shall be signed and dated by both parties. In the event that any changes are made in the Work, then the Fee for the Work shall be adjusted accordingly. Contractor shall prepare the change order which Client shall approve or reject within two (2) business days of receipt. Contractor is not responsible for delays related to rejected change orders or delays approving change orders. 6. Adjustments to Fee for Postponement or Suspension a. Although the Fee for the Work is a fixed fee, the Fee is subject to adjustment for changes orders as mentioned above, Termination, Postponement, or Suspension. Postponement and Suspension i. Postponement: For purposes of this Agreement, Postponement means failure of the Work to commence on the fabrication start date due to no fault of the Contractor, the Contractor’s subcontractors, or Contractor’s suppliers. The fabrication start date is the date identified for fabrication to begin and set forth in the schedule mutually agreed upon by the parties. ii. Suspension: For purposes of this Agreement, Suspension is defined as a stoppage in COML Council Packet 1-9-24, Page 76 of 157 DRAFT – Moses Lake Museum & Art Center Exhibit Agreement the Work for five (5) consecutive workdays or ten (10) cumulative workdays, due to no fault of the Contractor, Contractor’s subcontractors, or Contractor’s suppliers. Suspension is also defined as those situations where Work cannot continue until Client supplied information is provided, Contractor has given Client written notice of the need for the information, and the Client has failed to provide the required information within 7-days following receipt of written notice from Contractor. A Suspension or Postponement shall not include any delay mentioned in Section 17 due to no fault of Contractor or Client. Any such delay shall not trigger the fee increase set forth below in subsection iii below. iii. In the event of a Postponement or Suspension, the total fee shall be increased by the greater of 1% of the Fee or $5,000. In addition, the total fee shall be adjusted for changes in commodity prices. Client may make reasonable requests for information with regard to any increase in the total fee due to changes in commodity prices. In the event of a Postponement or Suspension, the estimated or agreed upon completion date shall be extended for a reasonable period. 7. Disputes a. As a matter of course the parties will bring disagreements or potential claims to the attention of each other as soon as possible and discuss them. The parties will attempt to resolve any dispute arising out of or relating to this contract promptly by good-faith negotiations. The disputing party shall initiate negotiations by giving the other party written notice of the dispute. Within 10 days after receiving the notice, the receiving party shall submit to the other party a written response. Both the notice and the response shall include a statement of the party’s position and a summary of the evidence and arguments supporting that position. The parties shall confer within 5 days of receipt of the disputing party’s notice, at a mutually acceptable time, at least once, to exchange relevant information and to attempt in good faith to resolve the dispute. b. If the dispute is not resolved within 30 days of the delivery of the first notice of the dispute, either party may initiate mediation of the dispute. Also, if either party fails to confer within the items provided here, the other party may initiate mediation. c. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to court action or the institution of legal or equitable proceedings by either party. The parties shall equally share the mediator's fee and any mediation filing fees. The mediation shall be held in Grant County, Washington. d. Both parties hereby consent to the jurisdiction of state and federal courts sitting in the State of Washington and to venue in Grant County. The laws of the State of Washington shall govern this Agreement, without regard to conflicts of law rules. e. In the event that litigation is instituted to enforce or contest the provisions of this Agreement or adjudicate any question arising under this Agreement, the prevailing party shall be entitled to its reasonable attorney fees and all costs of such litigation, including, without limitation, consultant and expert witness fees, expenses, and costs otherwise taxable by law. f. All unpaid sums owed by Client as required by this Agreement shall bear interest at the rate of 1.5% per month. COML Council Packet 1-9-24, Page 77 of 157 DRAFT – Moses Lake Museum & Art Center Exhibit Agreement g. In the event of a default in the performance of any provisions of this Agreement by Client, including the obligation to pay the agreed-upon price on time and/or in full, Contractor shall have all rights and remedies of a secured party under the Uniform Commercial Code and any other applicable laws, including, but not limited to, the right to declare all unpaid amounts immediately due and payable in full, the right to take legal action for recovery of all unpaid amounts, and the right to take possession of and remove all or any part of the equipment, without demand or notice, wherever same may be located, without any court order or other process of law. Contractor reserves the right to pursue any other available remedies at law or in equity. 8. Termination of Agreement a. Should conditions outlined in Section 7 of this Agreement not resolve dispute, this Agreement may be terminated by either party upon written notice should the other party substantially fail to perform in accordance with its terms through no fault of the party initiating the termination. b. If this Agreement is terminated by Contractor due to material nonperformance in accordance with the provisions herein by Client, Client shall compensate Contractor a pro rata portion of the Agreement Fee based upon work performed prior to such termination. c. If this Agreement is terminated by Client due to material nonperformance by Contractor, Client shall be under no obligation to compensate Contractor except for any amounts expended to produce deliverables received by Client that, in the sole reasonable judgment of Client, will be able to be used in the project by another Contractor. As a result of such termination hereunder by the Client, Contractor shall be liable for the amount of costs suffered by Client as a result of the nonperformance by Contractor. In the event of such termination, Client may proceed with the work in any manner deemed proper by the Client. 9. Ownership a. The Contractor shall be deemed the author and owner of its work, including all designs, drawings, models, digitally stored information (“Construction Documents”), and shall retain all common law, statutory, and other reserved rights in their Construction Documents, including copyrights. The submission of the work to meet or satisfy regulatory requirements or similar purpose shall not be construed as a publication in derogation of the rights reserved by Contractor. Client is granted a limited license to use the Construction Documents with regard to this project and shall not use the Construction Documents outside of this project without the express written consent of Contractor. Use of the Construction Documents by Client shall be at its sole risk and without any liability to Contractor. Client shall not share the Construction Documents with any other contractor for purposes of soliciting bids for all or a portion of the Work. 10. Plans and Specifications a. Client warrants that the Plans and Specifications it provided are approved and that, if followed, the plans and specifications are adequate to accomplish the Work. If there is a problem encountered that is attributable to the design documents, the Client bears responsibility as between the Client and Contractor. Nonetheless, in the event there is a problem encountered with regard to the Client supplied design documents, Plan, or COML Council Packet 1-9-24, Page 78 of 157 DRAFT – Moses Lake Museum & Art Center Exhibit Agreement Specifications, the parties shall work in good faith to complete a Change Order for the modified cost of the Work and additional time to complete the Work. 11. Independent Status a. This Agreement is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association between the Client and the Contractor. The control and conduct of the work to be performed by the Contractor will lie solely with the Contractor provided that such work shall be subject to approval by the Client as otherwise provided in this Agreement. The Contractor may provide services to others during the period of this Agreement. The Contractor shall have full authority to employ qualified and experienced workers in carrying out the terms of this Agreement and shall be responsible for and in full control of such workers. Anny employees or independent contractors engaged by the Contractor for the services performed hereunder shall be deemed to be under the control of the Contractor and not the Client and the Contractor shall be solely responsible for paying such employees or independent contractors. b. The Contractor understands and agrees that all persons furnishing services to the Client pursuant to this Agreement are, for purposes of Workers’ Compensation liability, employees, or independent contractors solely of the Contractor and not of the Client, and the Client shall have no responsibility or liability for furnishing workers’ compensation benefits to any person for injuries arising from or connected with services performed on behalf of the Contractor pursuant to this Agreement. 12. Insurance and Indemnity a. Contractor agrees to furnish proof of comprehensive general liability insurance. A certificate of insurance will be provided to Client within 15 days of Client’s signing this contract. Contractor agrees to furnish proof of having procured and maintained (at its sole cost and expense), at all times while this Agreement remains in effect, the following comprehensive general liability, professional liability, automobile, employees and workers’ compensation, umbrella and all other insurance policy coverages required hereunder: i. workers’ compensation insurance complying with the law in the state in which the Work is performed; ii. employer’s liability insurance with a limit of $1,000,000, each accident (including occupational disease), per each employee, and $1,000,000 disease policy limit; iii. commercial general liability insurance with a combined bodily injury and property damage limit of $2,000,000 each occurrence and general and products liability aggregate of $2,000,000. Client shall be named as an additional insured under the commercial general liability policy with respect to the work performed by the Contractor for the Client using ISO Additional Insured endorsement CG 20 10 10 01 or substitute endorsements providing at least as broad coverage. iv. each, covering all insurable obligations or operations of contractor, and the policy shall not include modifications that reduce the standard coverage provided under a commercial general liability insurance form. v. business automobile insurance coverage for all owned, non-owned and hired automobiles with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage; and vi. professional liability, including errors and omissions coverage, that provides minimum coverage limits of $2,000,000 per occurrence or $2,000,000 aggregate. COML Council Packet 1-9-24, Page 79 of 157 DRAFT – Moses Lake Museum & Art Center Exhibit Agreement b. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. The Contractor shall defend, indemnify and hold the Client, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Client. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Client, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13. Warranty a. Contractor warrants all parts and workmanship in connection with the Scope of Work for a period of one year from the date of final acceptance by Client (the “Warranty Period”). Contractor specifically warrants that the materials and workmanship shall withstand the normal use to which they shall be subjected by visitors. b. Contractor warrants and agrees that all materials, equipment, and furnishings incorporated into or used in the Work will be of good quality, new (unless otherwise required or permitted by the Contract Documents) and free of liens, claims and security interests of third parties. c. Contractor warrants and agrees that the Work will be of good quality, free of defects and will conform with the requirements of the Construction Documents. Work not conforming to the requirements of the Construction Documents, including substitutions in design or construction not specifically approved or authorized by Client in advance, may be considered defective. d. The Warranty Period will be extended based on performance of warranty work to ensure Client has the benefit of the full Warranty Period for any non-conforming work. All product warranties, if any, are deemed assigned from Contractor to Client. e. Warranty Exclusion. Repair of the following items is specifically excluded from Contractor’s warranty: damages resulting from lack of Client maintenance; damages resulting from Client abuse or ordinary wear and tear; damage caused by third parties, damages resulting from acts of God; or service fees associated with the repair of pre-manufactured components, including but not limited to A/V equipment, wireless equipment, RFID Systems, LED lighting and drivers. Requests by Client to Contractor to address any of the foregoing items will be charged on a time and materials basis. COML Council Packet 1-9-24, Page 80 of 157 DRAFT – Moses Lake Museum & Art Center Exhibit Agreement f. No warranty is provided by Contractor on any materials furnished by Client or Client’s other contractors for installation. No warranty is provided on any existing materials that are moved and/or reinstalled by Contractor within the structure where the Work is performed (including any warranty that existing/used materials will not be damaged during the removal and reinstallation process). g. Cure of Defects. If a defect is discovered within the Warranty Period, Client must promptly notify Contractor in writing following the discovery of that defect (the “Warranty Defect Notice”) and must provide Contractor with an opportunity to inspect and an opportunity to either cure the defect within 6 months in a manner customary in the industry or to pay to Client the actual cost of repair or replacement of the defect. In no event shall Contractor’s liability exceed the actual cost of repair or replacement of the warranted defect. Contractor shall not be liable for any cost or expense incurred by Client in remedying any warranted defects unless Contractor has been notified in writing and has been afforded the opportunity to cure the claimed defect or to pay the sums specified herein. 14. Miscellany a. This Agreement is binding upon the parties hereto and all successors and permitted assigns. Neither party shall assign this Agreement without the written consent of the other. b. This Agreement represents the entire and integrated agreement between Client and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral, and constitutes the entire understanding between the parties. Modifications to these terms are binding only if they are in writing and are signed and dated by both parties. c. If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate this Agreement as a whole, but this Agreement shall be construed as though it did not contain the particular provision or provisions held to be invalid or unenforceable. d. No waiver shall be deemed to be made by any party of any of its rights hereunder unless the same shall be in writing and shall be signed and dated by the waiving party. e. The headings of the paragraphs of this Agreement are inserted solely for the convenience of the parties; the headings are not a part of the construction of any term or provision, and they are not intended to govern, limit or aid in the construction of any term or provision. 15. Delays and Force Majeure a. If Contractor is delayed in the progress of completion of the Work due to any act, occurrence, or condition beyond Contractor’s control, including but not limited to fire or other casualty, strikes, governmental shut-downs or policies restricting normal business, acts of God, shortages of material or labor, transportation delays, weather conditions, inability to access the site or installation location, conflicts with other trades, lack of site readiness, neglect or default of Client, or Client's agent, or deficiencies in the plans provided by Client or their consultant team, then the estimated or agreed upon completion date shall be extended for a reasonable period of time and Contractor shall be entitled to additional compensation for all costs and expenses caused by the delay. b. If and to the extent that such delay was caused by any act or omission by the Contractor COML Council Packet 1-9-24, Page 81 of 157 DRAFT – Moses Lake Museum & Art Center Exhibit Agreement including, without limitation, by any breach or default of this Agreement, then Contractor shall not be entitled to additional compensation or an extension of time. c. Delay Due to Force Majeure Event. A delay in or failure of performance hereunder by either Contractor or Client (each a “Party”) shall not constitute a default under this Agreement, nor shall either Party be liable for any loss or damage suffered by the other Party by reason of such delay or failure of performance, to the extent that such delay or failure of performance results from a Force Majeure Event. “Force Majeure Event” shall mean an event beyond the reasonable control of the affected Party, which event such Party could not reasonably have foreseen, prevented or limited the effects thereof utilizing all reasonable efforts under the circumstances, including, but not limited to an act of God or the public enemy; compliance with any order or binding request of any governmental authority; action or inaction of governmental authorities; labor disputes (but excluding strikes or other labor actions specific to the Contractor or any Subcontractor); acts of declared or undeclared war; public disorder, epidemic; pandemic (with the exception of the COVID-19 pandemic); fire; earthquake; flood; explosion; shutdown required by any governmental agency or quarantine. Force Majeure Events include the failure of a subcontractor or supplier to furnish labor, services, materials or equipment in accordance with its contractual obligations, but solely to the extent such failure is itself due to a Force Majeure Event. Force Majeure Events shall not include (a) a Party’s financial inability to perform under this Agreement or (b) a failure of equipment except if caused by a Force Majeure Event. Right to Suspend. In the event either Party is prevented by a Force Majeure Event from performing its obligations under this Agreement, it shall have the right upon prompt written notice to the other Party to suspend performance of its obligations under this Agreement, but only to the extent made necessary by, and during continuance of, such Force Majeure Event. Such written notice shall describe the specific nature, extent and expected duration of the Force Majeure Event and the corresponding duties and obligations suspended thereby. Any Party suspending its performance pursuant to this Section 17.b shall provide the other Party written notice promptly upon the resolution of the applicable Force Majeure Event and the resumption of any obligations suspended pursuant hereto. Continued Performance; Mitigation. The affected Party shall use all reasonable efforts to (a) continue performance of its obligations under this Agreement to the extent possible under the circumstances, (b) mitigate or limit damages to the other Party, promptly taking appropriate and sufficient corrective action, including the expenditure of all reasonable sums of money, and (c) eliminate the Force Majeure Event as quickly as possible. Previous Liability. No liability of either Party that arose before the occurrence of the Force Majeure Event causing the suspension of performance shall be excused as a result of such occurrence. Burden of Proof. The burden of proof as to whether a Force Majeure Event has occurred and whether such event excuses a Party from performance under this Agreement shall be upon the Party claiming such Force Majeure Event. Prolonged Force Majeure Event. If a Force Majeure Event persists longer than a total period of ninety (90) consecutive days, the Party whose performance is not prevented by the Force Majeure shall have the right to terminate this Agreement in accordance with the applicable COML Council Packet 1-9-24, Page 82 of 157 DRAFT – Moses Lake Museum & Art Center Exhibit Agreement provisions hereof. 16. Attachments a. The following attachments are incorporated into and made a part of this Agreement: a. Attachment A: Moses Lake Museum & Art Center Exhibit Budget (tbd) b. Attachment B: Moses Lake Museum & Art Center Exhibit Schedule (tbd) 17. Signature a. To indicate your agreement with the provisions of this Agreement, please sign and execute a copy of this document in the spaces indicated below. CRĒO Industrial Arts Date: ___________________ By: ______________________________ Title: ___________________ Moses Lake Museum & Art Center Date: __________________ By: ______________________________ Title: ___________________ COML Council Packet 1-9-24, Page 83 of 157 DRAFT – Moses Lake Museum & Art Center Exhibit Agreement Attachment A: Moses Lake Museum & Art Center Exhibit Budget The Exhibit Budget represents a preliminary assignment of placeholder costs to each phase of work. Once a final design has been provided, CREO will create a detailed line-item Schedule of Values for the project. Milestone Phase Budget Technical Design $15,000.00 Production $97,500.00 Installation $7,500.00 Sales Tax $10,000.00 Project Total $130,000.00 COML Council Packet 1-9-24, Page 84 of 157 DRAFT – Moses Lake Museum & Art Center Exhibit Agreement Attachment B: Moses Lake Museum & Art Center Exhibit Schedule The attached Milestone Schedule allocates timeframes for each of the phases of work. Milestone Phase Start Complete Final Design 2.15.24 Technical Design 2.15.24 4.1.24 Production 4.1.24 6.15.24 Installation 6.15.24 6.30.24 COML Council Packet 1-9-24, Page 85 of 157 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Kevin Fuhr, City Manager 13889 Brian Baltzell, Director Public Works 1/9/2024 Consent Agenda Reinhard/Northwest United Properties LLC Covenant and Agreement for Deferral of Improvements City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Approve a covenant between Ernest Reinhard OBA Northwest United Properties LLC and the city of Moses Lake for deferral of improvements located at 11676 Kittelson Road NE. Reinhard SP RECORDED Covenant and Agreement for Deferral of Improvements.pdf 1.18MB Overview The proponent desires to develop property located at 11676 Kittelson Rd NE for future commercial use. In connection with the improvement or development of such property, certain half -width improvements to Ramm Road for the frontage of the plat to include street, water, sewer, storm, sidewalks and street lighting improvements would need to be made or otherwise provided for; and, the property owner(s) desire(s) to defer half-width Improvements to Ramm Road for the frontage of the plat to include water, sewer, storm, sidewalks and street lighting improvements to a later time, and has (have) requested agreement by the city for such deferral. The Covenant and Agreement for Deferral of Improvements with L.I.D. Waiver has been accepted and executed by the City Manager on June 13, 2023. Fiscal and Policy Implications N/A Options and Results Approve, Authorize, or Adopt: Improvements are deferred until future development occurs COML Council Packet 1-9-24, Page 86 of 157 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. Covenant has previously been signed by the City Manager. No action will not result a different outcome. COML Council Packet 1-9-24, Page 87 of 157 COML Council Packet 1-9-24, Page 88 of 157 COML Council Packet 1-9-24, Page 89 of 157 COML Council Packet 1-9-24, Page 90 of 157 COML Council Packet 1-9-24, Page 91 of 157 COML Council Packet 1-9-24, Page 92 of 157 COML Council Packet 1-9-24, Page 93 of 157 COML Council Packet 1-9-24, Page 94 of 157 COML Council Packet 1-9-24, Page 95 of 157 COML Council Packet 1-9-24, Page 96 of 157 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Kevin Fuhr, City Manager 14047 Brian Baltzell, Director Public Works 1/9/2024 Consent Agenda Alex SP Covenant and Agreement for Deferral of Improvements with L.I.D. Waiver City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Approve a covenant between Peter and Tatiana Gulenko and the City of Moses Lake for deferral of improvements located at 1015 W Luta St & 1016 W Virginia St, also known at the Preliminary Alex Short Plat. Gulenko (Alex SP) Covenant RECORDED.pdf 1.05MB The proponents are the owners of real property located at 1015 W Luta Street, Lot 12 Paxson Plat (Prelim Alex SP) and 1016 W Virginia St. The proponents desire to develop the premise by subdividing an existing parcel into two tracts and defer traffic improvements to a later time. Improvements to be included in connection with this agreement are: The half-width construction of 1016 W Virginia Street and 1015 Luta Street Lot 12 Paxson Plat (Prelim Alex SP) together with and subject to easements, reservations and restrictions recorded. Improvements shall include street, curb, sidewalk and storm water installation. The Covenant and Agreement for Deferral of Improvements with L.I.D. Waiver has been accepted and executed by the City Manager on October 17, 2023. N/A Options and Results Improvements are deferred until future development occurs COML Council Packet 1-9-24, Page 97 of 157 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. Covenant has previously been signed by the City Manager. No action will not result in a different outcome. COML Council Packet 1-9-24, Page 98 of 157 COML Council Packet 1-9-24, Page 99 of 157 COML Council Packet 1-9-24, Page 100 of 157 COML Council Packet 1-9-24, Page 101 of 157 COML Council Packet 1-9-24, Page 102 of 157 COML Council Packet 1-9-24, Page 103 of 157 COML Council Packet 1-9-24, Page 104 of 157 COML Council Packet 1-9-24, Page 105 of 157 COML Council Packet 1-9-24, Page 106 of 157 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Kevin Fuhr, City Manager 14048 Brian Baltzell Public Works 1/9/2024 Consent Agenda Ivan SP Covenant and Agreement for Deferral of Improvements with L.I.D. Waiver City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Approve a covenant between Peter and Tatiana Gulenko and the City of Moses Lake for deferral of improvements located at 1032 W Virginia St & 1031 W Luta St, also known at the Preliminary Ivan Short Plat. Gulenko (Ivan SP) Covenant RECORDED.pdf 1.24MB The proponents are the owners of real property located at thru Lots 1032 W Virginia Street and 1031 W Luta Street, Lot 15 Paxson Plat (Prelim Ivan SP). The proponents desire to develop the premise by subdividing an existing parcel into two tracts and defer traffic improvements to a later time. Improvements to be included in connection with this agreement are: The half-width construction of 1032 W Virginia Street and 1031 W Luta Street Lot 15 Paxson Plat (Prelim Ivan SP) together with and subject to easements, reservations and restrictions recorded. Improvements shall include street, curb, sidewalk and storm water installation. The Covenant and Agreement for Deferral of Improvements with L.I.D. Waiver has been accepted and executed by the City Manager on October 17, 2023. N/A Options and Results Improvements are deferred until future development occurs. COML Council Packet 1-9-24, Page 107 of 157 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. Covenant has previously been signed by the City Manager. No action will not result in a different outcome. COML Council Packet 1-9-24, Page 108 of 157 COML Council Packet 1-9-24, Page 109 of 157 COML Council Packet 1-9-24, Page 110 of 157 COML Council Packet 1-9-24, Page 111 of 157 COML Council Packet 1-9-24, Page 112 of 157 COML Council Packet 1-9-24, Page 113 of 157 COML Council Packet 1-9-24, Page 114 of 157 COML Council Packet 1-9-24, Page 115 of 157 COML Council Packet 1-9-24, Page 116 of 157 COML Council Packet 1-9-24, Page 117 of 157 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Mayor and City Council 14082 Kevin Fuhr Administration 1/9/2024 Consent Agenda Updated Municipal Airport Lease City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Approve the updated ML Municipal Airport Lease TK - USE ME - REDLINED DRAFT 2024 Airport Lease.pdf 118.7KB 2024-01-03, MLMA Staff Report 2024 Lease.docx 65.47KB The ML Municipal Airport Lease has been updated with the following changes: · updated year of execution, · updated term date range, · updated lease rate to reflect the new rate approved in 2023 effective January 1 , 2024, · corrected title of commission, · updated verbiage for insurance verification of coverage, · updated director job title. The insurance coverage verification language was updated to reflect that coverage verification will only be required for the comprehensive general liability and property insurance policies. While automobile liability coverage that meets the state minimum limits is still required, we will no longer be requesting proof of that coverage from the lessee. The new lease was presented to the Municipal Airport Commission on Thursday, January 4th. st COML Council Packet 1-9-24, Page 118 of 157 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: None Options and Results Approve the updated lease and apply the minor changes. Staff will bring back options for recommended changes. Do not include the changes to the current leases. COML Council Packet 1-9-24, Page 119 of 157 1 AGREEMENT FOR LEASE OF SPACE ON THE MOSES LAKE MUNICIPAL AIRPORT This agreement is made and entered into on January 1, 20214 by and between the City of Moses Lake, a Washington non-charter code city hereinafter referred to as "Lessor”, and «First_Name», hereinafter referred to as "Lessee". WHEREAS, the Lessor is in possession of an airport commonly known as "Moses Lake Municipal Airport", and WHEREAS, the Lessee is desirous of leasing property on a portion of the airport; NOW, THEREFORE, the parties hereto enter into the following agreement for the rental of property for use as an aircraft hangar, or other appropriate uses as allowed by the City of Moses Lake. 1. Designation of Property: The Lessor hereby leases to the Lessee [insert] at the Moses Lake Municipal Airport as designated on Commercial Binding Site Plan of Lot 2, Municipal Tract No. 12 Plat, recorded in volume 1 of Binding Site Plans, pages 11 through 14, records of Grant County, Washington. The Premises are further described and depicted on the attached map, Exhibit A, which is incorporated herein by this reference. 2. Term: The term of this agreement shall be from January 1, 20241 to and including December 31, 20404. Lessee shall have the option to renew the agreement for an additional twenty (20) year term provided Lessee shall give Lessor 180 days prior written notice of its intent to renew. Any renewal shall be on the same terms and conditions with the exception of the rental amount which shall be subject to renegotiation pursuant to Section 4, below. 3. Use: The leased property is to be used for the purposes as designated by the City of Moses Lake and as are consistent with the Moses Lake Municipal Code section 18.35.020. The primary use of the property shall be for aviation uses. The Lessee shall not use the said Premises in such a manner to interfere with the rights of other airport users or the Lessor. The Lessee shall not use said Premises in any illegal manner. Any storage of household items, boats, trailers, RV’s, vehicles, and other non-aviation related items shall be permitted only in conjunction with, and secondary to, the primary aviation use. All use of the property must comply with any rules of the Municipal Airport Advisory Board. 4. Cost of Space and Utilities: Beginning January 1, 20241 the cost for leasing the property shall be 18.07.59 cents ($.075918) per square foot of parcel per year for commercial properties and 13.9218.0 cents ($.139218) per square foot of hangar per year for non-commercial properties. Non-commercial property shall be increased by fifty percent (50%) for hangars with doors at one side to take into account the movement area outside the hangar and by one hundred percent (100%) for hangars with doors at both sides to take into account the movement area outside the hangar. Properties are designated commercial or non-commercial pursuant to the recommendation of the City. The lease rate shall be increased annually by the September to September West Coast-B/C All Urban Consumer Price Index as reported by the U. S. Department of Labor. Payment shall be made to the Lessor by the Lessee in full on or before January 31st of each year, unless the option below is initialed by the Lessee. ________ Lessee requests to make payment as follows: one-half on or before January 31st and one-half on or before July 31st of each year. Pursuant to RCW 14.08.120 as now enacted or as amended, Lessor and Lessee shall review the rental amount at the expiration of the initial twenty (20) year term and every five years thereafter in order to adjust the rental amount at the commencement of each new five year period. If the parties fail to agree on the rental amount for the five year period, they shall submit the matter to arbitration pursuant to the procedure in RCW 14.08.120. Commercial Non-Commercial COML Council Packet 1-9-24, Page 120 of 157 2 Lessee shall make all arrangements for and pay for all utilities and services furnished to or used by it, including without limitation, gas, electricity, water, telephone service, janitorial service, snow removal, and trash collection, and for all connection charges. 5. Alterations and Improvements: Lessee shall not make any alterations or improvements to the Premises without Lessor’s written consent. Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work. The Lessee shall be responsible for any charges attributable to improvements on the leased property assessed by any governmental agency or private party including, but not limited to, all utility connection fees, hook up and utility system development charges and fees, electrical connection charges and fees, etc. Additionally, the Lessee shall pay all such charges previously assessed against the property which are due and outstanding at the time this lease is executed. If Lessee makes any alterations or improvements to the Premises as provided in this paragraph, the alterations or improvements shall not be commenced until ten (10) days after Lessor has received notice from Lessee stating the date the installation of the alterations or improvements is to commence so that Lessor can post and record an appropriate notice of non-responsibility if it so elects. Lessee shall pay all costs for construction done by it or caused to be done by it on the Premises as permitted by this Lease Agreement. Lessee shall keep the Premises free and clear of all mechanic’s and/or materialmen’s liens resulting from any construction done by or for Lessee. At the termination of this agreement, the Lessee shall have the option of either removing the improvements placed on said ground space within ninety (90) days of the date of termination, or with the consent of the Lessor leave the improvements for the ownership and use of the Lessor. If the Lessor refuses to acquire ownership of the improvements the Lessee will be responsible for removal of all improvements or remnants thereof and the clean-up of the property prior to release from this agreement. Lessee shall at all times during this Lease maintain property insurance at its sole cost and in such amounts and coverages as determined adequate by Lessor for all improvements on the Premises in order to protect such improvements from hazards such as fire, casualty, vandalism, and other damages. 6. Construction: Prior to construction of any structures, additions, improvements, or major modifications, plans must be presented to the Moses Lake Airport Advisory BoardCommission for its suggestions and review and then to the Building Division of the City of Moses Lake for its approval and granting of a building permit. The cost of construction shall be the responsibility of the Lessee. Lessee shall complete building projects within one hundred twenty (120) days. Construction shall be in a neat and orderly manner and shall in no way hinder on-going aircraft operations or interfere with other airport users. Prior to an occupancy permit being issued, all debris and material shall be removed from the Premises. 7. Sublease and Assignment: This Lease is personal to the Lessee and Lessee covenants and agrees not to assign this Lease, or any interest therein, and not to sublet the Leased Premises or any part thereof, without first obtaining written consent from Lessor. Lessor’s consent shall not be unreasonably withheld, but consideration will be given to the financial status, reputation, and compatibility of the proposed assignee/sub lessee. Any proposed or existing assignment or sublease shall be subject to all provisions of this Lease, including this assignment/subletting restriction and the use restrictions of the Premises, and the Lessee will remain liable under the terms of this Lease during the term of any sublease. Upon the occurrence of an event of default, if the Premises or any part thereof are then assigned or sublet, Lessor, in addition to any other remedies herein provided or provided by law, may at its option collect directly from such assignee COML Council Packet 1-9-24, Page 121 of 157 3 or sub lessee all rents becoming due to Lessee under such assignment, transfer, or sublease and apply such rent against any sums due to Lessor from Lessee hereunder, and no such collection shall be construed to constitute a novation or a release of Lessee from the further performance of Lessee’s obligations hereunder. 8. Safety and Health Regulations: It is the agreement and understanding of both parties that Lessee shall have the sole and complete responsibility for ensuring a safe work place and compliance with all applicable health and safety regulations, whether state or federal. 9. Indemnification and Hold Harmless: The Lessor shall not be liable to the Lessee, or to any person or persons whomsoever, for any damage to the property for injury to or death of any person arising out of or in any way connected with the possession, maintenance, or operation of said Premises, improvements or equipment by the Lessee. Lessee shall defend, indemnify, and hold harmless the Lessor, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee’s use of Premises, or from the conduct of Lessee’s business, or from any activity, work or thing done, permitted, or suffered by Lessee in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the Lessor. It is further specifically and expressly understood that the indemnification provided herein constitutes the Lessee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 10. Insurance: A. Insurance Term: The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee’s operation and use of the leased Premises. B. No Limitation: Lessee’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the Lessor’s recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance: Lessee shall obtain insurance of the types and coverage described below: 1. Comprehensive General Liability insurance for commercial operators shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The Lessor shall be named as an additional insured on Lessee’s Comprehensive General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as broad coverage. Private operators are required to obtain aircraft insurance including aircraft liability insurance covering injury and property damage to third parties arising out of the ownership, operation, or maintenance of aircraft on Lessor’s property in a form satisfactory to the Lessor. 2. Property insurance shall be written on an all risk basis. 3. Automobile liability. COML Council Packet 1-9-24, Page 122 of 157 4 D. Minimum Amounts of Insurance: Lessee shall maintain the following insurance limits: 1. Comprehensive General Liability insurance shall be written with limits no less than $1,000,000 each occurrence with aircraft exclusions deleted. 2. Property insurance shall be written covering the full value of Lessee’s property and improvements with no coinsurance provisions. 3. Automobile liability with limits no less than the minimum limits required by the State of Washington. E. Other Insurance Provisions: The Lessee’s Comprehensive General Liability or aircraft and aircraft liability insurance policy or policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Lessor. Any Insurance, self- insurance, or self-insured pool coverage maintained by the Lessor shall be excess of the Lessee’s insurance and shall not contribute with it. Lessee’s insurance policy or policies shall not include any other entity or party as a named insured other than Lessee and the Lessor as an additional insured. F. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. G. Verification of Coverage: Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee for all comprehensive general liability and property insurance policies. The parties recognize the inherent risks of aviation related uses and operations on airports and, accordingly, the Lessor’s liability exposure as property owner and landlord. Therefore, it is expressly understood and agreed that Lessee shall deliver the original certificates and a copy of the amendatory endorsements, including the additional insured endorsement, to Lessor evidencing all required insurance coverage for all comprehensive general liability and property insurance policies.; failure to provide Lessor with such documentation shall constitute a material breach of this Lease for which Lessor may terminate this Lease as provided for herein. Such documentation shall be provided to Lessor within ten (10) days of the execution of the Agreement and within thirty (30) days of the beginning of each consecutive year. Failure to procure and carry any of the required insurance shall constitute a material breach of this Agreement. H. Waiver of Subrogation: Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. I. Lessee’s Property Insurance: Lessee shall purchase and maintain during the term of the lease all-risk property insurance covering the Building for its full replacement value without any coinsurance provisions. J. Notice of Cancellation: The insurance policies shall contain a clause prohibiting cancellation or termination of the policies without first giving ten (10) days’ prior written notice of such cancellation or termination to the Lessor K. Failure to Maintain Insurance: Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five (5) business days’ notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all COML Council Packet 1-9-24, Page 123 of 157 5 premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. L. Lessor Full Availability of Lessee Limits: If the Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall be insured for the full available limits of Comprehensive General and Excess or Umbrella liability maintained by the Lessee, irrespective of whether such limits maintained by the Lessee are greater than those required by this contract or whether any certificate of insurance furnished to the Lessor evidences limits of liability lower than those maintained by the Lessee. 11. Taxes and Licenses: The Lessee shall pay, before their respective due dates, all taxes, fees, assessments and/or licenses which may be assessed against the improvements placed on the ground space, or be payable by reason of the use and occupancy of said space by the Lessee. Lessee shall be liable for, and shall pay throughout the term of this Lease Agreement any leasehold tax assessed by the State of Washington (which is currently 12.84%) in lieu of property tax, to be paid concurrently with annual rent during the term of said Lease Agreement. 12. Laws: The Lessee agrees to conform to any and all rules and regulations adopted by the City, the state, or the Federal Aviation Administration relative to operation and control of space at the Moses Lake Municipal Airport. Upon a written request by Lessor, Lessee will verify, within a reasonable time frame, compliance with any rules, laws, regulations or other applicable requirements. Lessee shall not delegate or contract away any of these responsibilities. 13. Inspection: The Lessor shall have the right to inspect the interior of any building, at any reasonable time upon notice and request made to the Lessee. 14. Maintenance: Lessee covenants and agrees to maintain, at its cost, the Premises and any improvements in good condition throughout the term of this Lease Agreement. Lessor shall have no further responsibility to maintain the Premises. Lessee shall be responsible for weed control, snow removal, and normal maintenance including janitorial services. Lessee shall further be responsible to keep and maintain the sewer system servicing the building in good working order and free from any blockage or obstructions. Lessor shall not be responsible for any damages to the Premises caused by vandalism, malicious mischief, or theft by third parties. Securing the Premises shall be the responsibility of the Lessee. 15. Access Rights: The Lessee is given the right of ingress and egress of ground vehicles between the leased property and public road via designated roadways on the airport but not on the airport taxiways. The Lessee is given the right of aircraft movement to or from the runway via airport taxiways. 16. Flammable Material Storage: The Lessee shall not store any flammable materials except: A. Those in the fuel or lubrication system of a motorized device stored on the grounds. B. Unless the storage device is approved by current regulations or has been in continuous use since being established under those regulations in effect at the time of installation. C. A reasonable amount of petroleum products for personal use, except for the Lessees of commercial lots. In addition to storing a reasonable amount of petroleum products for personal use, commercial lot Lessees may store petroleum products for sale so long as the storage facilities have been approved by the City Manager and all other applicable permits have been applied for and received. 17. Risk of Loss: The Lessor shall never be responsible for loss of improvements placed on the Premises by the Lessee or the loss, damage, or destruction of aircraft or other property stored on the Premises except as a direct result of the negligence of the Lessor or its employees. COML Council Packet 1-9-24, Page 124 of 157 6 18. Events of Default: The occurrence of any one of the following events shall constitute a material breach and default under this Lease by Lessee: A. Lessee shall have failed to pay an installment of rent or any other amount payable hereunder when due, where such failure shall continue for a period of ten (10) days after written notice from Lessor to Lessee notifying Lessee of its failure to pay such amounts. B. Lessee shall have failed to execute and deliver such documents as required by Section 6 and within the time periods specified, where such failure shall continue for a period of three (3) business days after written notice thereof from Lessor. C. There shall be a default of any condition, covenant, agreement or other obligation on the part of Lessee (other than those defaults as described in subsections (a) and (b) hereof) to be kept, observed or performed hereunder, and such default shall be continuing for a period of more than thirty (30) days after written notice by Lessor to Lessee specifying the default and requiring that it discontinue. D. If Lessee fails to comply with the requirements for insurance pursuant to Section 10 hereof or, if any policy of insurance upon the Property or any part thereof from time to time carried by Lessor shall be cancelled or about to be cancelled by the insurer by reason of the use or occupation of the Premises by Lessee or any of Lessee's Employees, or anyone permitted by Lessee or such other parties to be upon the Premises and Lessee after receipt of notice in writing from Lessor shall have failed to take such immediate steps as shall enable Lessor to reinstate or avoid cancellation (as the case may be) of such policy of insurance. E. The Premises shall, without the prior written consent of Lessor, be used (i) by any persons other than Lessee or its permitted assigns or sub lessees (ii) for any purpose other than that for which they were leased or occupied, or (iii) by any persons whose occupancy is prohibited by this Lease. F. The Premises shall be vacated or abandoned, or remain unoccupied without the prior written consent of Lessor, for sixty (60) or more consecutive days while capable of being occupied. G. The balance of the Term of this Lease or any of the goods and chattels of Lessee located in the Premises shall at any time be seized in execution pursuant to a non-appealable judgment. H. Lessee commences any bankruptcy, reorganization or insolvency proceeding, or other proceeding under any federal, state or other law for the relief of debtors. I. Lessee fails to obtain the dismissal, within ninety (90) days after the commencement thereof, of any bankruptcy, reorganization or insolvency proceeding, or other proceeding under any law for the relief of debtors, instituted against it by one or more third parties or fails actively to oppose any such proceeding, or, in any such proceeding, defaults or files an answer admitting the material allegations upon which the proceeding was based or alleges its willingness to have an order for relief entered or its desire to seek liquidation, reorganization or adjustment of any of its debts. 19. Authority to Obligate Lessor: Lessor, as owner of the property subject to this agreement, authorizes the City Manager, subject to approval by the City Council, as the individual authorized to execute or amend agreements and obligate the Lessor. COML Council Packet 1-9-24, Page 125 of 157 7 20. Rights and Reservations of Lessor: Lessor reserves the right to temporarily close the airport facility, including, but not limited to, the runways, taxiway, apron, parking facilities and any other areas incident to the airport for the purpose of maintenance, repair, further development or construction, or for the safety of the general public. 21. Hazardous Substances: Lessee certifies, represents warrants, covenants and agrees that: A. Lessee agrees to comply with all applicable local, state and federal environmental laws, regulations, ordinances and administrative and judicial orders relating to the generation, recycling, treatment, use sale, storage, handling, transport and disposal of any Hazardous Substances (as defined below) by any person in or around the Premises. Lessee will not, without Lessor’s prior written consent, keep in or around the Premises, for use, disposal, treatment, generation, storage, or sale, any Hazardous Substances. B. Lessee has not and will not release or waive the liability of any party who may be potentially responsible for the presence or removal of Hazardous Substances on or from the Premises. C. Lessee shall be fully and completely liable to Lessor for, and shall indemnify and hold Lessor harmless from and against any and all actual or alleged claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits and other proceedings and costs and expenses (including attorney's fees and disbursements), which accrue to or are incurred by Lessee or Lessor which arise or are alleged to arise directly or indirectly from or out of, or are in any way connected with any operations or activities (including, without limitation, use, disposal, transportation, storage, generation or sale of Hazardous Substances) in or around the Premises during Lessee’s possession or control of the Premises which directly or indirectly result in the Premises or any Other Property (as defined below) becoming contaminated with Hazardous Substances or otherwise violating any applicable law, rule or regulation pertaining to Hazardous Substances, and the cleanup of Hazardous Substances from the Premises or any Other Property. Lessee acknowledges that it will be solely responsible for all costs and expenses relating to investigation (including preliminary investigation) and cleanup of Hazardous Substances from the Premises or from any Other Property. D. As used in the Agreement, “Hazardous Substances” means any chemical, material, waste or similar matter defined, classified, listed or designated as harmful, hazardous, extremely hazardous, dangerous, toxic or radioactive, or as a contaminant or pollutant, or other similar term, by, and/or which are subject to regulation under, any federal, state or local environmental statute, regulation or ordinance presently in effect or that may be promulgated in the future, and as they may be amended from time to time, and shall include petroleum products and byproducts. As used in this Agreement, “Other Property” means any real or personal property (including, without limitation, surface or ground water) which becomes contaminated with Hazardous Substances as a result of operations or other activities on, or around the contamination of, the Premises. 22. Nondiscrimination: Pursuant to Title VI of the Civil Rights Act of 1964, and by Part 15 of the Federal Aviation Regulations, Lessee agrees it will not discriminate on the grounds of race, sex, color, or national origin, and will not permit discrimination against any person or group of persons in any manner prohibited by Part 15 of the Federal Aviation Regulations. Lessor reserves the right to take such action as the United States may direct to enforce the provisions of this covenant, or as it may find necessary. 23. Holding Over: If Lessee, with the implied or express consent of Lessor, shall hold over after expiration of the term of this Lease, Lessee shall remain bound by all the covenants and agreements herein, except that the tenancy shall be from month-to-month and shall be for a monthly rate of one hundred fifty percent (150%) of the last rental rate under the Lease. COML Council Packet 1-9-24, Page 126 of 157 8 24. Permits and Licenses: Lessee shall obtain and maintain in current status all permit and licenses that are required under any applicable laws and regulations in connection with Lessee’s use, occupancy, or operations at the Premises or airport. In the event that Lessee receives notice from any governmental entity that Lessee lacks, or is violation of, any such permit or license, Lessee shall provide Lessor with timely written notice of the same. 25. Nuisance Storage of Items: Lessee shall not store on the Premises any inoperable equipment, discarded or unsightly materials, or materials likely to create a hazard; shall not use areas outside of enclosed buildings for storage; and shall store trash in covered metal receptacles. Storage in violation of this section shall constitute a nuisance condition and an event of default subject to the remedies set forth in Section 18 above. 26. Survival: Lessee’s duty to defend, indemnify and hold Lessor harmless from all such claims, liability and damages arising out of the acts or omissions of Lessee shall survive the termination and/or expiration of this Lease. 27. Notices: Notices to the City, provided for herein, shall be sufficient if sent by certified mail, postage prepaid, addressed to: Municipal ServicesPublic Works Director City of Moses Lake PO Box 1579 Moses Lake, WA 98837 Notices to Lessee shall be sufficient if sent by certified mail, postage prepaid, addressed to:______________, or to such other respective address the parties may designate to each other in writing from time to time. 28. Governing Law, Attorney’s Fees, and Venue: This Lease shall be governed by and construed in accordance with the laws of the State of Washington. It is understood and agreed that in the event it is necessary for either party to engage the services of an attorney to enforce any provision of this lease, the prevailing party in such action shall be entitled to reasonable attorney fees in any state or federal court, including attorney fees and costs on appeal, in addition to the statutory attorney fees, even though said suit results in the forfeiture of this lease. Venue for any such proceedings shall be in Grant County, Washington. Without limiting any other provision of this Lease, in the event that Lessor employs an attorney (including the City Attorney) for the purpose of sending a notice to Lessee for the defaults or covenant violations of Lessee, then Lessee shall pay a reasonable attorney fee for the preparation and costs of delivery of the said notice. 29. Authority: If Lessee is a corporation, it shall deliver to the Lessor on execution of this Lease Agreement a certified letter signed by its board of directors authorizing the execution of this Lease Agreement and naming the officers that are authorized to execute this Lease Agreement on behalf of the corporation. If Lessee is a joint venture or partnership, all joint ventures or partners shall execute the Lease Agreement. If Lessee is a limited liability company, all members or managers shall execute the Lease Agreement. 30. Independent Advice. The Lessee acknowledges that it has ascertained and weighed all of the effects and circumstances likely to influence its judgment with respect to this Lease; that it has had the opportunity to seek and obtain independent legal advice, that all of the provisions hereof, as well as all questions pertinent thereto, have been fully, satisfactorily and independently examined and explained to it. 31. Cessation of Airport: Contingent on City satisfaction of all covenants/encumbrances resulting from grant sources utilized at the Moses Lake Municipal Airport, and based on a decision that that COML Council Packet 1-9-24, Page 127 of 157 9 the Moses Lake City Council seeks a higher and better use for the property, the Moses Lake City Council may cease operating the Moses Lake Municipal Airport permanently as an airport during the term of this Lease Agreement, which would result in the Lessor and Lessee's mutual obligations hereunder ending. Nothing herein shall be construed to interfere with the City's right to cease such operation for a valid and compelling governmental purpose including financial, regulatory, environmental, or operational reasons. Lessee agrees to waive any and all claims for damages should the Moses Lake Municipal Airport cease operation pursuant to this Section, provided, that the Lessor reimburses the Lessee for the value on the building at the cessation of the lease as determined by the Grant County Auditor’s assessed value. Any Lessee wishing to remove improvements may do so in accordance with the provisions in Section 5 but within 180 days. In the event the City sells the airport property to a private third party, the airport property purchaser shall be required to pay to the Lessee 1.5% times the current Grant County Auditor’s assessed value of any Lessee-owned improvements. 32. Warranties/guarantees: The City makes no warranty or guarantee of any nature whatsoever concerning the condition of the leased Premises, including the physical condition thereof, or any condition which may affect the leased Premises, and it is agreed that the City will not be responsible for any loss, damage or costs which may be incurred by Lessee by reason of any such condition or conditions. Lessee shall be entitled to possession of the Premises upon execution of this Lease Agreement and thereafter in accordance with the terms herein. Lessee’s taking possession of the Premises on commencement of the term shall constitute Lessee’s acknowledgment that the Premises are in good condition. Lessee has examined and inspected the Premises prior to entering into this Lease Agreement and accepts them in their present condition, AS IS. Lessor shall not be responsible to the Lessee for any damages or injuries to persons or property by reason of the conditions or construction of the Premises or any portion thereof, and the Lessor shall not be held to have made any representations or warranty whatsoever as to the construction, condition or usefulness of any portion of the Premises. 33. Non-waiver: Any waiver of any breach of covenants herein contained to be kept and performed by either party hereto, shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the other party hereto from declaring a forfeiture, termination or cancellation for any succeeding breach either of the same condition or covenant or otherwise. Acceptance or payment of rental shall not be deemed a waiver. 34. Landlord’s Lien: In addition to any statutory lien for rent in Lessor’s favor, Lessor shall have and Lessee hereby grants to Lessor a continuing security interest for all rentals and other sums of money becoming due hereunder from Lessee, upon all goods, wares, equipment, fixtures, furniture, inventory, accounts, contract rights, chattel paper and other personal property of Lessee situation on the Premises, and such property shall not be removed therefrom without the consent of the Lessor until all arrearages in rent as well as all other sums of money then due to Lessor hereunder shall first have been paid and discharged. In the event of a default under this Lease, Lessor shall have, in addition to any other remedies provided herein or by law, all rights and remedies under the Uniform Commercial Code, including without limitation the right to sell the property described in this paragraph at public or private sale. Lessee hereby agrees to execute such financing statements and other instruments necessary or desirable in Lessor’s discretion to perfect the security interest hereby created. Any statutory lien for rent is not hereby waived, the express contractual lien herein granted being in addition and supplementary thereto. This lien shall be subordinate and subject to any Leasehold Mortgage encumbering the leasehold, including, without limitation, any security interest in and to all such property in favor of any of Lessee’s lenders. 35. Construction of Agreement: In the event of a dispute between the parties as to the meaning of terms, phrases, or specific provisions of the Lease Agreement, the authorship of this Lease Agreement shall not be cause for this Lease Agreement to be construed against any party nor in favor of any party. This Lease Agreement has been submitted to the scrutiny of all parties and their respective legal counsel, and shall be given a fair and reasonable interpretation in COML Council Packet 1-9-24, Page 128 of 157 10 accordance with the words hereof without consideration or weight being given to its being drafted by or for one of the parties. 36. Entire Agreement: This Lease Agreement constitutes the whole agreement between the Lessor and Lessee and replaces and supersedes any prior agreements. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Lease Agreement shall be valid and effective unless evidenced by an agreement in writing. Dated: ____________________________, 20212024 Dated: ___________________________, 20212024 LESSEE CITY OF MOSES LAKE By _____________________________________ By ____________________________________ «First and Last_Name» Kevin Fuhr, City Manager COML Council Packet 1-9-24, Page 129 of 157 STAFF REPORT To: Moses Lake Municipal Airport Commission From: Leigh Ramsey, Public Works Accountant Cc: Brian Baltzell, Public Works Director; Kevin Fuhr, City Manager Date: January 3rd, 2024 Re: 2024 Lease and Invoicing The attached Agreement for Lease of Space on the Moses Lake Municipal Airport is presented with changes for the 2024 calendar year. The redline edits reflect the following: • updated year of execution, • updated term date range, • updated lease rate to reflect the new rate approved in 2023 effective January 1st, 2024, • corrected title of commission, • updated verbiage for insurance verification of coverage, • and updated director job title. The insurance coverage verification language was updated to reflect that coverage verification will only be required for the comprehensive general liability and property insurance policies. While automobile liability coverage that meets the state minimum limits is still required, we will no longer be requesting proof of that coverage from the lessee. City staff will be presenting this updated lease to City Council for approval at the next regular council meeting. Once approved, this lease will be sent to all leaseholders for execution with their 2024 invoices. COML Council Packet 1-9-24, Page 130 of 157 Council Staff Report Agenda Item Number: Department Proceeding Type Amount Budgeted:Appropriation Required: Packet Attachments (if any) Overview 14094 Administration Old Business To: Mayor and City Council From Kevin Fuhr For Agenda of: 1/9/2024 Subject Tax Increment Financing Strategy Memo Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$ Expenditure Required: $ 0.00 Action Requested Staff recommends a motion to move to Step 2. DECEMBER 26 2023 MOSES LAKE TIF STRATEGY.pdf 2.66MB At the November 28, 2023 City Council meeting, Bob Stowe of Stowe Development & Strategies along with Kevin Edwards and Ben Hawkins, of Hawkins Edwards Inc., gave a presentation requesting the City look at establishing a Tax Increment Financing (TIF) area on the East side of Hwy 17 and Yonezawa Dr. During the meeting, Council authorized a contract with Stowe Development to create a memo and put together information supporting the TIF. Stowe Development has completed Step 1 of the process and has submitted the attached memo highlighting the results of the analysis and is requesting to move to Step 2. Fiscal and Policy Implications None Options and Results Approve, Authorize, or Adopt: Approve to move to Step 2. Provide Amended Direction: Staff will bring back options for recommended changes. COML Council Packet 1-9-24, Page 131 of 157 No Action Taken: End the process. COML Council Packet 1-9-24, Page 132 of 157 December 26, 2023 Draft MEMORANDUM TO: Kevin Fuhr, City Manager, City of Moses Lake FROM: Bob Stowe, Stowe Development & Strategies SUBJECT: MOSES LAKE TAX INCREMENT FINANCING (TIF) STRATEGY In November 2023, the City of Moses Lake selected Stowe Development & Strategies in association with ECONorthwest (SDS/ECO team) to conduct a tax increment financing analysis for the purpose of spurring viable development supporting the proposed mixed-use development of Desert Point, located in Northeast area of the City adjacent to Highway 17 and east of Yonezawa Boulevard. Our workplan includes a two-step approach designed to provide a predicable sequence of actions delivering a targeted and high value TIF Strategy and Implementation Plan. Below are the key elements of the two-step approach. Figure 1: Two Step Approach Source: Stowe Development & Strategies, 2023 The purpose of this memorandum is to summarize Step 1 actions, address any questions, and affirm or modify the recommended TIF Strategy before proceeding to Step 2 COML Council Packet 1-9-24, Page 133 of 157 City of Kirkland | Station Area Development TIF Project Phase 1 Strategy - July 2022 Introduction and Summary A Steering Committee comprised of various City Staff and the SDS team have provided information and direction to create the best strategy moving forward when considering a TIF for the City of Moses Lake. Figure 2: Basic TIF Model Source: Stowe Development & Strategies, 2023 Tax Increment Financing (TIF) is a powerful economic development tool and was adopted into law in Washington State in 2021. The Washington State Legislature created the TIF authority through House Bill 1189 (codified as Chapter 39.114 RCW) for a city, county, or port to create a tax increment area (TIA). TIFs are used throughout the United States to promote economic development. In general, our State’s TIF is a financing option that allows a public agency (city, county, or port) to fund publicly-owned infrastructure determined necessary to encourage the envisioned private development within a TIA designated by the public agency. As private development occurs (as a result of the public agencies investment in the identified public improvements), property values rise, and the public agency uses the property tax generated by that development in the TIA to pay for the public improvement projects. After the project costs are paid, the public agency retires the TIA. There are several key limitations to TIF in this State which include the following: •No more than two active increment areas per sponsoring jurisdiction and they may not overlap. •Increment areas may not total more than $200 million in assessed valuation, or more than 20% of the total assessed valuation of the sponsoring jurisdiction, whichever is less. •Cannot add additional public improvements or change the boundary of the increment area once adopted. •Must include a deadline of 5 years following the TIF adoption ordinance by when construction of public improvements will begin (ability to extend for good cause). COML Council Packet 1-9-24, Page 134 of 157 •The local government may only receive TIF revenues for the period of time necessary to pay the costs of the public improvements. •If the local government finances the public improvements, the increment area must be retired no more than 25 years after the adoption of the ordinance designating the increment area. A key element and consideration when forming a TIA is to evaluate the risks associated with such an action along with the development of a mitigation plan. Using local property tax revenues to finance certain public improvements can encourage and generate the desired or envisioned private development; however, using TIF has risks. The largest risks are that: 1) the expected private development does not occur; occurs slower than expected; and/or, the type of development and its magnitude is less than expected, and, 2) the cost projected for the infrastructure improvements is higher than projected. These risks impact the expected revenues to be generated within the TIA or the costs for the identified public infrastructure improvements. If risks are not mitigated, a local government must then use other sources of revenue to pay for the public improvements. Other related risks include over-investment of infrastructure funding by TIF which can waste limited tax dollars for other uses. Local governments can guard against and potentially avoid the over-investing and under-investing by carefully evaluating the local market conditions and performing the analysis associated with the But-For-Requirement identified in this memorandum. When TIF is used correctly, the growth and development pay for the infrastructure investments that encouraged it. A risk and mitigation plan will be developed during Step 2 along with other analysis identified in the Next Steps at the conclusion of this memorandum. This plan will also examine other anticipated revenues from the projected private development (e.g., sales tax on construction, on-going sales tax and utility taxes) and the potential to sequence the appropriate infrastructure improvements with multiple bond issues over time (e.g. 5-year period) to better manage potential development and revenue risk. It is important to point out that the Ownership Group for the proposed private development of Desert Point (OG-DP) has agreed to be responsible for all debt issued by the City not covered by TIF revenues (see the Private Development Risk Mitigation section below). COML Council Packet 1-9-24, Page 135 of 157 Development Opportunity and Vision The OG-DP has proposed a large mixed used development site referred to as Desert Point in the northeast part of the City of Moses Lake. Desert Point will be anchored by local, regional, and national retail tenants; as well as, provide additional medical and employment options. Desert Point will also provide multi-family housing options and be an entertainment destination for the local and regional trade area. The overall site covers approximately 96 acres in land coverage with development parcels of 82 acres. A site context map is shown in the figure below. Figure 3: Desert Point Context Map Source: The Desert Point project plans for approximately 1.4 million square feet of building space across commercial and residential uses, including: •510 multi-family units •A 60,000 square foot hotel •340,000 square feet of large format retail •81,000 square feet of office and related uses •39,900 square feet of general retail and food & beverage Preliminary plans for Desert Point are shown in the figure below. COML Council Packet 1-9-24, Page 136 of 157 Figure 4: Preliminary Development Site Map by Phase Source: Ownership Group – Desert Point, 2023 COML Council Packet 1-9-24, Page 137 of 157 9 TIF “But-For” Requirement Washington State’s TIF law requires its local government sponsor to make the following findings: I) The public improvements proposed to be paid or financed with tax allocation revenues are expected to encourage private development within the increment area and to increase the assessed value of real property within the increment area; II) Private development that is anticipated to occur within the increment area as a result of the proposed public improvements will be permitted consistent with the permitting jurisdiction's applicable zoning and development standards; III) The private development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future without the proposed public improvements; and; IV) The increased assessed value within the increment area that could reasonably be expected to occur without the proposed public improvements would be less than the increase in the assessed value estimated to result from the proposed development with the proposed public improvements. These findings (specifically sections i, ii, and iv) are commonly referred to as the “But-For- Requirement”. The name comes from the assertion that private development would not occur but-for provision of the public improvements through the use of TIF. This requirement is a foundational element of TIF which directs public tax dollars generated by the development to only those public improvement projects necessary to support the proposed development. Although TIF is new to Washington State governments, the But-For-Requirement and associated analysis is not. Many local governments that have invested in infrastructure as part of economic development projects have examined the public agency’s return on its infrastructure investment from the generation of on-going tax revenues associated with new development. Additionally, for most local governments, infrastructure demand exceeds revenue capacity, forcing local governments to make priority decisions regarding infrastructure projects that get funded with tax dollars and determining which projects can be paid for by developers. The But-For-Requirement for TIF formalizes the analysis and requires the local government sponsoring TIF to provide convincing evidence showing that tax dollars from the TIA are reasonably necessary to make the development possible. If proposed development would occur without TIF, public tax dollars should not be used because it will cost taxpayers more than it should for the resulting development or growth. However, if TIF is used to encourage a development that would not otherwise be reasonably expected to happen, the tax base can be increased. A larger tax base helps pay for needed services and can control the growth of new taxes. The But- For-Requirement is critical as a means to determining the proper use for public tax dollars. If the cost of the proposed TIF infrastructure below (estimated at $10 million) were required to be funded by private developers it would likely mean that only the most profitable developments could be built, reducing the size and scale of the proposed private development. COML Council Packet 1-9-24, Page 138 of 157 Additionally, City staff discussions with current and formers owners of the TIA property reveal that it would be unlikely for any development to occur without financial assistance for the proposed infrastructure. During Step 2, we will further examine the But-For-Requirement achieving compliance with State law. COML Council Packet 1-9-24, Page 139 of 157 TIA Infrastructure Needs The City has identified that the below public improvements and costs are necessary to incentivize private development within the TIA. Preliminary plans call for the development of three roads (Roads A, B, C) and round-about on Highway 17 in the figure below. Roads and Utilities: $6 million (includes curb-gutter-sidewalks, landscaping, storm, water, sewer mains, and gateway features) Round-About $4 million Total (TIF) $10 million Figure 3: Public Improvement Plans Source: Ownership Group – Desert Point, 2023 COML Council Packet 1-9-24, Page 140 of 157 1 Tax Increment Area The TIA includes a small area of the City of approximately 96 acres. The assessed valuation of the TIA in 2023 is approximately $6,782,120 (2023 certified values for 2024 taxes). It is well below either the $200 million assessed valuation threshold or 20 percent of the City of Moses Lake’s total regular assessed valuation of $2,967,270,315 since the TIA is 0.2% of the total valuation. The TIA boundary was selected because it represents a planned development that can be built over time as the result of the infrastructure improvements funded by TIF. Figure 5: Recommended Tax Increment Area Source: ECONorthwest, 2023 COML Council Packet 1-9-24, Page 141 of 157 Tax Increment Revenue Projections Overview of TIF Allocation Revenues Following guidance issued by the Washington State Department of Revenue (June 29, 2022), the analysis estimates the apportionment of taxes to the TIA. These revenues are available to the sponsoring local jurisdiction for funding the identified public infrastructure projects (that are named in the ordinance). Under the TIF legislation, only certain regular levies are available to the TIA. Using latest tax rates available (tax year 2023), levy rates in the proposed TIA use only $5.19 of the $10.87 total levy, approximately 47.8% of the total 2023 levy rate. Since these are regular levies, the taxes must conform with the constitutional 1% limit as well as the $5.90 aggregate limits. Both parts of the State School levy as well as local school district excess levies are excluded. In addition, any taxes levied by port districts for the purpose of making payment on bonds would be excluded. Broadly, TIF in Washington allocates a portion of incremental property taxes to the TIA based on the amount of assessed value added to the TIA. This means that each taxing district that includes the TIA within its boundaries will receive that portion of its regular property taxes produced by the rate of tax levied by the taxing district based on the assessed value of real property located in the area for taxes imposed in the year that the TIA was created (the base value). This amount will flow to those taxing districts for the period that the TIA is in place. The local government that created the TIA will receive the additional portion of the regular property taxes levied by each taxing district based on the increment value within the increment area. For the local government that created the TIA, this includes its own portion of the regular levy. Those affected levies will be able to include an increment add-on value (similar to the new construction add-on value) as part of their levy for the years that TIF is in place. Property taxes from the TIA begin on the calendar year following the passage of the ordinance. The County Treasurer will distribute these funds to the agency that created the TIA. The table below shows the Levy Rate Composition for 2023 Taxes. COML Council Packet 1-9-24, Page 142 of 157 Figure 6: TIA Levy Rates in Use Source: ECONorthwest analysis of Grant County Assessor District Levy Rates, 2023 Levy Code Area 71 2023 Taxes Rates Exempt: State Property Tax Exempt: Excess and Other Levies Available for TIF allocation Total $10.86847 $2.6852 $2.9897 $5.1935 State Part 1 $1.74976 $1.7498 $0.0000 Part 2 $0.93544 $0.9354 $0.0000 County Regular_Current Expense $1.21299 $1.2130 Regular_Veterans Aid $0.01125 $0.0113 Regular_Mental Health $0.02500 $0.0250 Port #10 (Moses Lake) General Fund $0.41400 $0.4140 Bond Fund $0.0000 $0.0000 City of Moses Lake Regular Levy $2.71886 $2.7189 City Bond $0.22500 $0.2250 $0.0000 School #161 Enrichment $1.31378 $1.3138 $0.0000 Bond $1.45094 $1.4509 $0.0000 Capital $0.0000 $0.0000 Hospital District #1 Regular Levy $0.52501 $0.5250 Library District Regular Levy $0.28644 $0.2864 COML Council Packet 1-9-24, Page 143 of 157 TIA Allocation Revenue Modeling New incremental development in the TIA will drive future growth in incremental assessed value. These values will then be multiplied by the levy rate in the respective years to estimate the amount of TIA allocation revenues. To accomplish this, there are four separate analyses that must be completed. Forecast incremental TIA assessed value. Based on the development program, the future assessed value is estimated by assigning market-based improvement prices based on the land use and size of the proposed development. Forecast jurisdiction assessed value. Outside of growth in the incremental assessed value in the TIA, it is necessary to forecast growth in the City’s overall assessed value (not counting the incremental growth in the TIA. Forecast highest lawful levy. For each taxing jurisdiction in the TIA, future levies must be estimated. To do so, the amount of new construction, other add-on value, 101% limit factor, total levy limit, and the maximum allowable levy must be taken into consideration. From that interplay, it is possible to estimate what the given levy will be for any respective jurisdiction in the future. Forecast levy rates. Once the levy and assessed value are known in future years, it is possible to calculate the levy rate (divide levy by thousands of assessed value). TIA allocations are made by multiplying the levy rate by the incremental TIF assessed value. To model TIA allocation property tax revenues, a 25-year cash flow model was created to reflect development over time and applied the appropriate property tax base productivity and property tax rates to estimate the stream of future property tax revenues. Private Development Assumptions Based on discussions with the City and OG-DP, the following Baseline development program was created for purposes of the Step 1 TIF analysis. The Baseline analysis is derived from the project level assumptions provided by the OG-DP. Overall, it is estimated that a present value of the market value exceeds $178 million. The overall program is described below. OG-DP’s preliminary understanding of the development program expects development to occur over three phases as represented in the Figure 7 below. COML Council Packet 1-9-24, Page 144 of 157 Figure 7: Development Program by Phase Source: Ownership Group – Desert Point, 2023 DEVELOPMENT REVENUE - PHASE I - 2025-2027 #Land Acreage Use Bldg SF Per $ / SF Total Market Value 1 15.00 ac North 40 Outfitters 115,000 135.00$ 15,525,000$ 8 1.47 ac STCU & ICCU Credit Union 6,000 160.00$ 960,000$ 9 7.19 ac Apartment Complex (Phase I - 150 units)267,000 112.00$ 29,904,000$ 11 1.47 ac Sit Down Resturant - 10,000 160.00$ 1,600,000$ 13 2.14 ac Gas/C-Store 5,200 150.00$ 780,000$ 14 3.13 ac Car Wash & Bank Pads 10,000 170.00$ 1,700,000$ 15, 16, 17 5.00 ac Ruby & Hilton Hotel & Event Center 60,000 150.00$ 9,000,000$ 35.40 ac 473,200 59,469,000$ DEVELOPMENT REVENUE - PHASE II - 2027-2029 #Land Acreage Use Bldg SF Per $ / SF Total Market Value 7 2.01 ac Retail Strip Bldg 9,200 150.00$ 1,380,000$ 9 7.19 ac Apartment Complex (Phase II - 180 units)315,000 115.00$ 36,225,000$ 12 1.26 ac QSR Resturant 4,000 150.00$ 600,000$ 18, 19 2.00 ac Office / Retail Building 20,000 140.00$ 2,800,000$ 21 10.00 ac Big Box / Grocery Store (Fred Meyer)115,000 130.00$ 14,950,000$ 22 1.00 ac Grocery Pad Bldg.3,500 160.00$ 560,000$ 23.46 ac 466,700 56,515,000$ DEVELOPMENT REVENUE - PHASE III - 2029-2031 #Land Acreage Use Bldg SF Per $ / SF Total Market Value 6 4.84 ac Medical / Dental Office Bldg 45,000 180.00$ 8,100,000$ 9 7.19 ac Apartment Complex (Phase III -180 units)315,000 120.00$ 37,800,000$ 10 2.42 ac Junior Box Retail 28,000 140.00$ 3,920,000$ 20 7.00 ac Junior Box Retail 82,000 135.00$ 11,070,000$ 23 1.00 ac Grocery Pad Bldg.4,000 160.00$ 640,000$ 14 1.00 ac Grocery Pad Bldg.4,000 160.00$ 640,000$ 23.45 ac 478,000 62,170,000$ COML Council Packet 1-9-24, Page 145 of 157 Additionally, the analysis has provided two initial sensitivity tests of this program to test the potential variance of TIA allocation revenues. The first is to test macro conditions that might impact the calculation of the levy rate per the 1% limit factor that governs regular levies. This scenario tests a lower bound of the levy rate where it falls faster over time than the Baseline analysis. Due to the 1% limit factor, assessed value as generally grows faster than levies leading to a condition where levy rates fall over time. This scenario tests the idea that this falling levy rate may be more than what is assumed in the Baseline analysis leading to 21% fewer tax allocation dollars per dollar increment of growth. The second sensitivity tests a potential lower valuation of the project stemming from economic conditions or the assessment process. The Baseline analysis assumes the market (or taxable) value of the projects will be more than the construction cost. However, many properties are not assessed at the full market value requiring some equalization process. This sensitivity tests a potential bound where projects are assessed at 75% of their expected market value. Understanding and accepting a certain level of risk is important as the City will be obligated for the repayment of any bond debt that is issued for the infrastructure improvements, regardless of the projected private development and property tax materialize. To mitigate this risk, OG- DP has agreed to be responsible for all debt issued by the City not covered by TIF revenues (see the Private Development Risk Mitigation section below). Additional sensitivity analysis will be conducted as part of Step 2 to further help assess the risks and provide for greater certainty that the City will have sufficient resources to pay for the proposed infrastructure improvements prior to the issuance of any bonds, for example: • Different scale and timing of the Baseline development program • Different interest rates for debt issuance • Timing of multiple debt issuances • Using interest only debt for the first 4-5 years Private Development Risk Mitigation As referenced above, the OG-DP has agreed to be responsible for all of the debt issued by the City not covered by TIF revenues. The parties will want to develop a process for when invoices are generated by the City to the OG-DP based on revenue gaps to pay the City’s debt service, along with a reconciliation process to proportionately payback OG-DP if additional TIF revenue are generated in later years from private development. The City will want to confirm with its legal counsel its ability to enter into such an agreement. Additionally, both the City and the OG-DP have agreed in concept that the OG-DP will be responsible for constructing the public improvements, subject to the City’s design standards and applicable State law. Upon conveyance and acceptance of the public improvements by the City, the City will pay OG-DP the amount for said work up to $10 million. By having the OG-DP responsible for the construction of the public improvements, further reduces the City’s financial risk caused by construction change orders. COML Council Packet 1-9-24, Page 146 of 157 The City and the OG-DP should memorialize the above concepts as part of a future binding agreement between the parties. TIA Allocation Revenues Using the assumptions identified in the Baseline development program by phase, future assessed values of those improvements are estimated and serve as a foundation for the expected TIA allocation revenues. For example, a vertical project is constructed in a certain year, the assessor assesses it, and the incremental assessed value is determined by subtracting that base value. This increment value is then multiplied by a forecast of the levy rate in the respective year to determine the TIA allocation revenues from all the affected TIF regular levies. The following tables summarizes the discounted value of 25 years of TIA allocation revenues that would flow to the City of Moses Lake based on the Baseline development program sorted by phase contribution. The analysis assumed the TIA is created in 2024 using 2023 certified values. Due to the lagging nature of the property tax, the first year of calculated increment will be in 2025 for 2026 taxes. Therefore, TIA allocation revenues will run through the end of tax year 2050. The revenues are show in present value and nominal dollars. The present values are discounted at a rate of 5% to approximate the City’s cost of capital (debt and issuance costs) to give some approximate value of the TIA cash flows. The nominal dollars are shown since this is ultimately the amount that the City can draw upon to service principal and interest on its debt payments. These values are shown in the figure below. Figure 8: TIF Allocation Revenues for Baseline Scenario Source: ECONorthwest calculations, 2023. Note: Total may not sum due to rounding. The TIF allocation revenues from the Baseline scenario are estimated to have: • Present Value (2023$): $12.1 million • Nominal Value: $23.5 million 5.00%Discount Rate Baseline Phase 1 Phase 2 Phase 3 Moses Lake $6,320,000 $2,980,000 $2,050,000 $1,860,000 Grant County $2,950,000 $1,390,000 $960,000 $870,000 Port of Moses Lake $960,000 $450,000 $310,000 $280,000 Hospital $1,220,000 $580,000 $400,000 $360,000 Library $670,000 $310,000 $220,000 $200,000 Total $12,120,000 $5,710,000 $3,940,000 $3,570,000 Nominal TIF Revenue $23,513,000 $10,561,000 $7,659,000 $7,334,000 COML Council Packet 1-9-24, Page 147 of 157 Figure 9: TIF Allocation Revenues for Levy Rate Decline Scenario Source: ECONorthwest calculations, 2023. Note: Total may not sum due to rounding. The TIF allocation revenues from the levy rate decline scenario are estimated to have: • Present Value (2023$): $10.1 million • Nominal Value: $19.7 million Figure 10: TIF Allocation Revenues for Lower Valuation Scenario Source: ECONorthwest calculations, 2023. Note: Total may not sum due to rounding. The TIF allocation revenues from the lower valuation scenario are estimated to have: • Present Value (2023$): $9.1 million • Nominal Value: $17.6 million Debt Issuance and Debt Service Coverage It is expected that the City will make a single issue of $10 million in debt in 2025 to pay for the roads and utilities. In order to estimate debt payments, a simple analysis uses a 5.0% true cost of debt over a 20-year term. It is assumed debt payments will start the year after the bond issuance and the debt table is shown below. 5.00%Discount Rate Baseline Moses Lake $5,240,000 Grant County $2,530,000 Port of Moses Lake $800,000 Hospital $1,010,000 Library $550,000 Total $10,130,000 Nominal TIF Revenue $19,659,000 5.00%Discount Rate Baseline Moses Lake $4,740,000 Grant County $2,210,000 Port of Moses Lake $720,000 Hospital $920,000 Library $500,000 Total $9,090,000 Nominal TIF Revenue $17,636,000 COML Council Packet 1-9-24, Page 148 of 157 Figure 11: Estimated Debt Schedule Source: ECONorthwest, 2023 The table below shows the nominal value of those TIF tax allocation dollars applicable to the Baseline scenario (OG-DP’s development program) relative to the nominal payments of debt in the corresponding years (20-year term at 5% interest). The table gives a more accurate picture of how revenues might compare to debt payments, relative to only considering the present value. The Baseline scenario will require some interim debt service support from the City until private development stabilizes and TIF revenue is able to support the full amount of the debt service. The City will also be able to pay itself back for any initial debt support from future TIF revenues that are generated in excess of its debt payments. Year Issue 1 2024 2025 2026 $802,426 2027 $802,426 2028 $802,426 2029 $802,426 2030 $802,426 2031 $802,426 2032 $802,426 2033 $802,426 2034 $802,426 2035 $802,426 2036 $802,426 2037 $802,426 2038 $802,426 2039 $802,426 2040 $802,426 2041 $802,426 2042 $802,426 2043 $802,426 2044 $802,426 2045 $802,426 2046 2047 2048 2049 2050 Total P&I $16,048,517 COML Council Packet 1-9-24, Page 149 of 157 Figure 12: TIF Debt Service Coverage. Source: ECONorthwest calculations, 2023. Using the Baseline development assumptions, the TIA will generate $23.5 million in TIF allocation revenues. This must be balanced against P&I payments of $16.0 million during the same time. The TIF cash flows do provide ample coverage in many years but will run annual deficits for 4 years leading to cumulative deficit that peaks at $880,703 in 2030. If the City were to have to “borrow” from other funds to make up these deficits and pay it back from subsequent years when allocations are larger, it would not be able to payback those borrowed funds until 2036. As indicated above, the OG-DP will financial backstop any gaps between TIF revenues and the City’s debt service. Ultimately, the TIF balance sheet is $2.9 million cash positive in 2046 when the debt is retired. Tax Year TIF Allocation Revenues TIF Debt Service Surplus (Shortfall) Cumulative Surplus (Shortfall) TIF Debt Service Coverage 2025 $0 $0 $0 $0 2026 $152,000 $0 $152,000 $152,000 2027 $308,000 $802,426 -$494,426 -$342,426 0.38 2028 $462,000 $802,426 -$340,426 -$682,852 0.58 2029 $620,000 $802,426 -$182,426 -$865,278 0.77 2030 $787,000 $802,426 -$15,426 -$880,703 0.98 2031 $958,000 $802,426 $155,574 -$725,129 1.19 2032 $968,000 $802,426 $165,574 -$559,555 1.21 2033 $978,000 $802,426 $175,574 -$383,981 1.22 2034 $988,000 $802,426 $185,574 -$198,407 1.23 2035 $998,000 $802,426 $195,574 -$2,833 1.24 2036 $1,009,000 $802,426 $206,574 $203,741 1.26 2037 $1,019,000 $802,426 $216,574 $420,315 1.27 2038 $1,030,000 $802,426 $227,574 $647,890 1.28 2039 $1,041,000 $802,426 $238,574 $886,464 1.30 2040 $1,052,000 $802,426 $249,574 $1,136,038 1.31 2041 $1,063,000 $802,426 $260,574 $1,396,612 1.32 2042 $1,074,000 $802,426 $271,574 $1,668,186 1.34 2043 $1,085,000 $802,426 $282,574 $1,950,760 1.35 2044 $1,097,000 $802,426 $294,574 $2,245,334 1.37 2045 $1,108,000 $802,426 $305,574 $2,550,908 1.38 2046 $1,120,000 $802,426 $317,574 $2,868,483 1.40 2047 $1,131,000 $0 $1,131,000 $3,999,483 2048 $1,143,000 $0 $1,143,000 $5,142,483 2049 $1,155,000 $0 $1,155,000 $6,297,483 2050 $1,167,000 $0 $1,167,000 $7,464,483 Baseline COML Council Packet 1-9-24, Page 150 of 157 Next Steps Based on the City’s direction, we are prepared to proceed to Step 2: Implementation and Report, which will: (i) Refine the information in this memorandum. (ii) Prepare the Project Analysis Report required to be submitted to the Office of the State Treasurer for comment. (iii) Conduct public and tax districts outreach. (iv) Prepare the TIA Ordinance for Council consideration. Listed below are some of the key elements that will be conducted as part of Step 2 – Implementation & Report if the City desires to have the TIA become effective on June 1, 2024. We estimate that we can complete the Project Analysis of Step 2 and submit it to the Office of the State Treasurer (OST) in late January or early February 2024. Following the OST’s 90-day review period and any necessary modifications to the Project Analysis, holding two public briefings of the proposed TIA, an ordinance forming the TIA will be presented for Council consideration in May 2024 allowing the TIA to be authorized before June 1, 2024, so that property tax revenues from private development could be received beginning in the 2025. Establishing a TIA at the next available date (June 2024) will allow the City to utilize TIF revenues from any private development that may occur in anticipation of the infrastructure improvements. Establishing the TIA sooner, rather than later, also locks in the base assessed value of the TIA, avoiding likely increases that will reduce the overall capacity of a future TIA because increment areas cannot exceed a combined total of $200 million in assessed value. Step 2 Elements • Timing of Debt Issuance • Debt Service Payments and Coverage • Development and TIF Revenue Sensitivity Testing (e.g., scope and timing of development, debt interest rates) • But-For-Requirement Analysis • Identify Other Incremental Taxes • Tax Base Productivity Assumptions • Jobs Analysis - Construction Employment - On-Going Employment • Impact Assessment and Mitigation - Affordable Housing - Local Business Community - Local School Districts - Local Fire Service • Financing Plan/Duration of TIA • Debt Capacity • Early Outreach to Impacted Taxing Districts COML Council Packet 1-9-24, Page 151 of 157 • Risk Assessment and Mitigation Plan (e.g., other revenues from development, multiple/split debt issuance to coincide with development progress/needs) • Findings |Bottom Line COML Council Packet 1-9-24, Page 152 of 157 Remaining TIF Schedule Figure 13: Remaining Schedule January (Early) • City to Review Step 1 Memorandum and Decide if it wants to Proceed to Step 2 January (Late)/February (Early) • Submit Project Analysis to State (90-day review period) March • Taxing District Outreach • City of Review Draft TIA Ordinance April • City to conduct to Public Briefings May • Council Consideration of State PA Comments • Council Consideration of TIA Ordinance June 1 • TIA Effective Moses Lake TIF Project Schedule Start Duration Aug Sep Oct Nov Dec Jan Feb Mar April May June Jul Month Months 8/1 9/1 10/1 11/1 12/1 1/1 2/1 3/1 4/1 5/1 6/1 7/1 Activity/Actions 1 2 3 4 5 6 7 8 9 10 11 12 Prepare Project Analysis Report Prepare Draft Report for City Review 5 2 Finalize Report for State Treasurer Review 6 1 State Treasurer 90 Day Review Period 7 3 Create and Manage Public Briefings/Outreach Prepare Presentation and Conduct Public Briefings 8 2 Early Outreach to Affected Tax Districts 7 2 Mitigation Support Develop Mitigation Agreements as needed 9 2 Prepare TIA Formation Ordinance Prepare Draft Ordinance for City Staff Review 8 1 Present TIA Ordinance to City Council for Consideration 9 2Step 2State 90 Day Review 2023 2024TODAY P ROJE C T E N D COML Council Packet 1-9-24, Page 153 of 157 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Kevin Fuhr, City Manager 13796 Doug Coutts, Director Parks, Recreation, and Cultural Services 1/9/2024 New Business Walkable Parks Policy City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Staff recommends Council move to approve the Walkable Parks Policy as presented. Walkable Parks Policy.docx 16KB Half Mile Accessibility_Current.pdf 469.24KB Staff presented to both the Parks, Recreation, and Cultural Services Board and Parks, Recreation, and Cultural Services Council Committee a walkable parks policy for consideration. The proposed policy is attached to this staff report. The PRCS Board unanimously recommended approval of the policy by City Council at their November Board Meeting. The Council Committee raised no objections to the proposed policy at its November Meeting. Based on that feedback, staff is bringing it forward to the full Council for approval. Fiscal and Policy Implications This would create a measurable benchmark policy as a basis for future development of park properties within the City of Moses Lake. Options and Results Approve, Authorize, or Adopt: Staff will implement the policy going forward. Provide Amended Direction: Staff will bring back options for recommended changes.COML Council Packet 1-9-24, Page 154 of 157 No Action Taken: Staff will review and revise the policy and bring it back to a future Council Meeting. COML Council Packet 1-9-24, Page 155 of 157 City of Moses Lake-Walkable Parks Policy Proposal Based on the belief that everyone deserves a great park close to home, the National Recreation and Park Association, The Trust for Public Land and the Urban Land Institute launched the 10- Minute Walk campaign in October 2017. Since the campaign’s launch, nearly 200 mayors have signed on, committing to improving park access and quality in their cities. The City of Moses Lake 2022 Parks Recreation and Open Space Plan references this standard on Page 55 “Another way to evaluate the system is by how walkable it is relative to a standard of half-mile or 10-minute walk to a park that includes recreation components.” As a step towards achieving the goal of providing 100% of our community with walkable access to parks and open space, staff recommend instituting the following half-mile distance/10- minute walk policy for public park development. Proposed Walkable Parks Policy: Staff will develop and maintain a walkable parks map detailing actual half-mile walking distance on safe routes (sidewalks/trails/crosswalks) to public parks/open space/greenspace. This map to include school properties that have fields/playgrounds as open space components. Any iden�fied gaps in service for the half-mile distance/10-minute walk will be iden�fied on the map and opportuni�es to fill in those gaps will be considered as they arise. Any new development in the city that is required by code to provide open space or pay in-lieu fees instead will be evaluated by the Parks, Recrea�on, and Cultural Services Director based on a half-mile walking distance to a park/open space standard and the Na�onal Recrea�on and Parks Associa�on reported median 9.8 acres of parkland per 1,000 residents for popula�on centers 20,000 to 49,999 people. COML Council Packet 1-9-24, Page 156 of 157 COML Council Packet 1-9-24, Page 157 of 157