FINAL 2024 0312 Council Agenda PacketMoses Lake City Council
Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member
Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member
Tuesday, March 12, 2024
Moses Lake Civic Center – 401 S. Balsam or remote access*
Study Session
6 p.m. – City Project Bond Funding
Presenter: Jim Nelson, Managing Director, Public Finance at DA Davidson
Regular Meeting Agenda
Call to Order – 6:30 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Presentation
-Oath and Badging of Firefighter Fallon Walls
Citizen’s Communications **
Summary Reports:
Mayor’s Report
Additional Business
City Manager’s Report
#1 Consent Agenda pg 3 Motion
All items listed below are considered to be routine and will be enacted by one motion. There will be
no separate discussion of these items unless a Council Member requests specific items to be removed
from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the
Consent Agenda.
a.City Council Meeting Minutes Dated February 27, 2024
COML Council Packet 3-12-24, Page 1 of 142
March 12, 2024, City Council Meeting Page 2
Consent Agenda Continued
b.Claims and Payroll
c.Gambling Regulation Update Ordinance 3044
d.Airport Property Surplus Resolution 3974
e.Petty Cash Increase for Surf ‘n Slide Water Park Resolution 3975
f.Grant County Emergency Housing Fund Amendment
g.Grant County ARPA Beneficiary Agreement
h.Concession Contract Awards
i.Airport Lease Rate Amendment
Old Business
#2
Motion
pg 127
Food Truck Regulations Amendment Ordinance 3045
Presented by Kirsten Peterson, Community Development Director
Summary: Council to review and consider adoption
New Business – None Scheduled
Administrative Reports
Council Committee Reports
Executive Session
- Potential Litigation pursuant to RCW 42.30.110(1)(i)
Adjournment
Next Regular Council Meeting is scheduled for March 26, 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 Web Access
option if signed up to speak remotely.
Teams Option: Meeting Link
** 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 3-12-24, Page 2 of 142
MOSES LAKE CITY COUNCIL February 27, 2024
STUDY SESSION
Utility Services Manager Jessica Cole and Community Development Director Kirsten Peterson distributed suggested changes for Food Truck regulations at the meeting. Council and staff discussed permanent utility access, generators, hours of operation, setbacks, and fire hazards.
Staff will incorporate requested edits and bring back a final draft for consideration to adopt.
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 6:40 p.m. by Mayor Swartz 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 Swartz; Deputy Mayor Madewell; Council Members Lombardi, Fancher, Martinez, Myers, and Skaug.
PLEDGE OF ALLEGIANCE
Council Member Skaug led the Flag Salute.
AGENDA APPROVAL
Council Member Madewell moved Consent Agenda item (i) Build on Unplatted – Thompson
Resolution 3972 to New Business. Council Member Skaug moved Consent Agenda item (j) Water Regulations Ordinance 3043 and Fee Schedule Resolution 3973 to New Business.
Action taken: Council Member Fancher moved to approve the Agenda as amended, second by
Council Member Martinez. The motion carried 7 – 0.
CITIZEN’S COMMUNICATION
HopeSource Receipts Records Request – Elisia Dalluge, Moses Lake, requested copies of receipts of in-kind for Domino Pizza donations to HopeSource clients at the homeless shelter. She shared a copy of the email about her records request and response due date from city staff.
Downtown Parking Limits – Alicia West, McKenzie McIntosh, and Mary Gerber, all from Moses Lake, expressed concerns on the warnings of violation received for exceeding the two-hour parking limit. They requested Council replace limited parallel parking on 3rd Avenue with angle parking. Jeannie Huck had no new comments to share. Council requested citizens propose
the number of needed parking spaces downtown for customers and employees. City Manager
Kevin Fuhr will schedule a Council Study Session for this subject on March 26.
Vacation Home Rental License – Sharon VanWoert, Rebecca and Wayne Hutsell, Moses Lake, were following up on their written request sent to Council to place a moratorium on licenses for
vacation home rentals until staff could complete the Code update this spring. They would also like to see the notification radius to adjacent property owners increased to 200 feet and include 24-hour emergency contact of the applicants. Staff confirmed with Council that they are onschedule to have the code adopted, following required public review process, by the end of June.
COML Council Packet 3-12-24, Page 3 of 142
Food Truck Court and ADA Regulations – Amy Dalluge, Moses Lake, provided input about fencing, setbacks, hazards, and utilities for a food truck court, additionally commented on ADA compliance generally for commercial businesses. Cedric Dalluge, Moses Lake, requested a
middle of the road cost to new food truck regulations.
SUMMARY REPORTS
MAYOR’S REPORT
Airport Commission Reappointments
There are two positions expiring for the Airport Commission. These are four-year terms due to expire next on March 31, 2028.
Action taken: Council Member Fancher moved to approve the reappointments of Rod Richeson and Richard Waltman as presented, second by Council Member Lombardi. The motion carried 7
– 0.
Government Communicator’s Day Proclamation
Mayor Swartz read the proclamation declaring February 27 as Government Communicator’s Day. He thanked Communications and Marketing Specialist Lynne Lynch for her dedication of city business communicated to the public.
National Engineer’s Week Proclamation
Mayor Swartz read the proclamation declaring February 18 to 24 as National Engineer’s Week. He thanked Capital Improvement Plan Project Manager Leigh Ramsey for being present on behalf of public works engineering division.
ADDITONAL BUSINESS
Downtown Parking Study Session Council Member Martinez reiterated request made during citizen communication for scheduling a study session and for staff to invite citizens in attendance today to provide suggested solutions and to attend the meeting on March 26 at 5:30 p.m.
CITY MANAGER’S REPORT
Firefighter Oath and Badge Fire Chief Brett Bastian administered the oath of office to Firefighter Gary Lebacken followed with a ceremonial badging by his father.
GAAP to Cash Basis of Accounting
Finance Director Madeline Prentice provided an explanation in the meeting packet for pros and cons to change the City’s Basis of Accounting from GAAP to Cash Basis reporting. She said the biggest factor is efficiency and cost. Cash Basis is easier to train staff with simpler reporting, as well as a quicker audit from the state.
CONSENT AGENDA
#1 a. City Council meeting minutes dated February 6 and 13, 2024b.Electronic Transfer: N/A
COML Council Packet 3-12-24, Page 4 of 142
Checks: 164228 - 164423 - $1,168,627.23 Payroll Checks: 02-16-2024 PR, #66044 - 66054 - $6,062.25 Electronic Payments: 02-16-2024 Direct Deposit: - $635,298.02
c.Grant County Curbside Chipping Interlocal Agreement
d. Award Seal Coat Project 2024e. Accept Seal Coat Project 2022f.Aspect Water Right Consulting Amendmentg. ADA Ramp Design Standards Resolution 3971
h. Hospice Patient Transport Contract
i.moved to New Businessj.moved to New Business
Action taken: Council Member Fancher moved to approve the Consent Agenda items (a) through
(h), second by Council Member Martinez. The motion carried 7 – 0.
NEW BUSINESS
#2 Build on Unplatted – Thompson Resolution 3972 The development of Cove West and Cove West 2 land locked the Thompson property to
the public rights of way. Thompson’s have acquired an easement from the adjacent
properties and request to construct a single residential dwelling on their .60-acre lot. Deputy Mayor Madewell requested the resolution be amended to require them to use the Moses Lake Irrigation District water resources for irrigation on this parcel.
Action taken: Council Member Fancher moved to adopt Resolution 3972 as amended, second by
Council Member Martinez. The motion carried 7 – 0.
#3 Water Regulations Ordinance 3043 and Fee Schedule Resolution 3973 These amendments are a result of presentation and discussions by staff and Council at the February 6 Water Resources Study Session. Council pulled from Consent Agenda to
emphasize the intent of the new fee is to discourage the high usage, promote conservation of water resources, and not to increase city revenues.
Action taken: Council Member Martinez moved to adopt Resolution 3973 as presented, second by Council Member Fancher. The motion carried 7 – 0.
Action taken: Council Member Martinez moved to adopt Ordinance 3043 as presented, second by Deputy Mayor Madewell. The motion carried 7 – 0.
#4 Multi-Family Tax Exemption (MFTE) Prattville Duplexes
The property is located at 504 S Alder St and the owners are requesting an eight-year exemption on the property taxes upon completion of new development for providing affordable housing. Community Development Director Kirsten Sackett shared the correct site plan at the meeting.
Action taken: Council Member Myers moved to approve the MFTE for Prattville Duplexes as
presented, second by Council Member Martinez. The motion carried 7 – 0.
COML Council Packet 3-12-24, Page 5 of 142
#5 Multi-Family Tax Exemption Aspen Townhomes The property is located at 211 E 6th Avenue and the owners are also requesting an eight-
year exemption on property taxes upon completion of the development for providing
affordable housing.
Action taken: Council Member Martinez moved to approve the MFTE for Aspen Townhomes as presented, second by Deputy Mayor Madewell. The motion carried 7 – 0.
ADMINISTRATIVE REPORTS
Spring Clean Up Event Finance Director Madeline Prentice advised that public notice is being produced for the annual spring cleanup. There will only be one event on April 27 from 10 a.m. to 4 p.m.
COUNCIL COMMUNICATIONS AND REPORTS
Council Member Myers shared that the Grant Transit Authority financial report contained a
record high of sales tax revenue in the County.
Council Member Martinez reported that the Grant County Board of Health and the Watershed Council are working on solutions to get homes off septic systems.
Council Member Fancher advised that the Grant County Economic Development Council hired a new employee. The Development Code committee meets every two weeks and has had good participation. He also attended the Sila and Group 14 events last week and had good conversations with City Manager Kevin Fuhr and Senator Maria Cantwell regarding federal
funding for resources for our domestic drinking water.
Council Member Skaug noted that the Community Development and Public Works Committee continues to work on solutions and discussed the recent court case relating to loss of water rights. The Public Safety Committee met and received an introduction to a new app being purchased for
the City Police communications to the public.
Council Member Lombardi said new businesses located at the Port of Moses Lake are offering apprentice programs for High School students. The Port Commissioners will be holding public meetings on their Tax Increment Financing plans. Mr. Lombardi spoke at the Chamber of
Commerce ribbon cutting at Willamette Egg Farm along with Congressman Newhouse.
Mayor Swartz travelled to Olympia last week for the AWC Mayor’s Exchange and learned that Yakima’s airport is pursuing to be the next overflow terminal for SeaTac. Mr. Swartz stated he
is proud of the Moses Lake Councils’ robust discussions during citizen comment that does not
happen in other jurisdictions. He also attended the 64th Birthday Celebration of Japan’s Emperor hosted by the Consulate General in Seattle.
COML Council Packet 3-12-24, Page 6 of 142
EXECUTIVE SESSION
Mayor Swartz called an Executive Session from 8:57 p.m. to 9:27 p.m. to discuss potential litigation pursuant to RCW 42.30.110(1) subsection (i).
ADJOURNMENT
The regular meeting was adjourned at 9:25 p.m.
______________________________________
Dustin Swartz, Mayor ATTEST____________________________
Debbie Burke, City Clerk
COML Council Packet 3-12-24, Page 7 of 142
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 14894
Madeline Prentice, Director Finance
3/12/2024 Consent Agenda
Disbursement report since February 27, 2024
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
3,467,572.84$3,467,572.84$0.00$
Approve payment of claims as presented.
The following amounts were budgeted, and sufficient funds were available to cover these payments.
Electronic Transfer: 340 - 356 - $2,504,827.08
Checks: 164424 - 164544 - $337,756.25
Payroll Checks: 03- 01-2024 PR, #66055 - 66066 - $7,927.32
Electronic Payments: 03-01-2024 Direct Deposit: - $617,062.19
Vouchers - 03.12.2024.pdf 108.76KB
COML Council Packet 3-12-24, Page 8 of 142
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 3-12-24, Page 9 of 142
TOTALS BY FUND:
FUND NO FUND NAME
Est. Fund Bal.
02.28.2024 AMOUNT
Est. Fund Bal.
03.12.2024
001 GENERAL FUND 10,424,750 1,279,671.75 9,145,078
102 TOURISM 1,567,866 - 1,567,866
103 GRANTS AND DONATIONS 1,124,419 4,452.15 1,119,967
105 ARPA 3,381,602 - 3,381,602
110 HOMELESS SERVICES 337,953 5,325.16 332,628
111 OPIOID ABATEMENT 50,358 - 50,358
112 PUBLIC ARTS FUND 49,824 - 49,824
114 PATHS/TRAILS 93,030 - 93,030
116 STREET 466,606 47,778.56 418,827
119 STREET REPR/RECON 3,939,709 - 3,939,709
170 TRANSPORTATION BENEFIT DISTRICT 1,298,726 - 1,298,726
282 LOCAL BORROWING 984,872 - 984,872
286 REFUNDING GO BONDS 2015 184,854 - 184,854
314 PARK & RECREATION IMPROVEMENTS 680,489 - 680,489
315 PARK MITIGATION CAPITAL PROJECTS 41,167 20,908.19 20,258
316 COMMUNITY SERVICES CENTER 70,961 70,961.43 -
320 FIRE MITIGATION FUND 747,281 - 747,281
322 WATER REMIDIATION 1,810,386 6,557.75 1,803,828
410 WATER/WASTEWATER 7,786,917 245,134.71 7,541,782
450 2011 BOND FUND 10,304 - 10,304
451 2011 BOND FUND - RESERVE 567,600 - 567,600
452 2004 BOND FUND 6,017 - 6,017
453 2004 BOND FUND - RESERVE 701,500 - 701,500
471 WATER RIGHTS 1,578,642 - 1,578,642
477 WATER SEWER CONSTRUCTION 4,196,091 86,304.87 4,109,786
485 PWTF WATER-WASTEWATER DEBT SVS 20,196 - 20,196
487 2015 GO BONDS REDEMPTION 9,508 - 9,508
490 SANITATION 2,139,119 1,990.13 2,137,129
493 STORM WATER 890,241 41,695.01 848,546
495 AIRPORT 74,131 3,414.04 70,717
498 AMBULANCE 494,048 124,300.80 369,747
501 UNEMPLOYMENT COMPENSATION INSURANCE 127,599 - 127,599
503 SELF-INSURANCE 278,504 - 278,504
517 CENTRAL SERVICES 931,294 72,578.35 858,716
519 EQUIPMENT RENTAL 1,866,343 57,982.39 1,808,361
528 BUILDING MAINTENANCE 1,979,873 92,473.07 1,887,400
611 FIRE PENSION 429,034 2,761.74 426,272
623 DEPOSIT 1,471,816 656,389.36 815,427
631 STATE 22,626 21,903.87 722
TOTAL 52,836,256.71$ 2,842,583.33$ 49,993,673$
City of Moses Lake
Tabulation of Claims Paid-Summary by Fund
Council Meeting Date- 03/12/2024
COML Council Packet 3-12-24, Page 10 of 142
Check Name Check Amount Check Date Invoice Description
340 Dept Of Retirement Systems 132,181.77 02/09/2024 DRS 2402
341 Dept Of Retirement Systems 134,154.05 02/14/2024 DRS 2403
342 Dept Of Retirement Systems 133,423.32 02/28/2024 2404 Retirement
343 Aflac 2,429.39 02/08/2024 2403 Deductions
344 Assn Of Wash Cities 472,164.69 01/08/2024 January 2024 Health Coverage
345 Assn Of Wash Cities 473,151.25 02/09/2024 February Health Coverage
346 ICMA PD RHS 8,446.06 02/07/2024 PD Retiree Health Contribution
347 FICA-Medicare 188,274.56 12/11/2023 2325 Payroll Taxes
348 FICA-Medicare 16,709.39 12/18/2023 Police Retro Pay-Taxes
349 FICA-Medicare 195,920.24 12/26/2023 2326 Payroll taxes
350 FICA-Medicare 171,699.96 01/08/2024 2401 Payroll Taxes
351 FICA-Medicare 188,773.01 01/23/2024 2402 Payroll Taxes
352 FICA-Medicare 195,206.42 02/02/2024 B Richards Manual Check
353 FICA-Medicare 189,353.00 02/16/2024 Payroll Taxes
354 ICMA PD RHS 2,699.97 02/21/2024 2404 Police Guild RHS Account
355 Dept Of Licensing 225.00 03/04/2024 Driving Records
356 Dept Of Licensing 15.00 03/04/2024 Driving Record
164424 Adam McFayden 185.00 02/26/2024 WABO 2024 Conference
164425 Chris Campbell 203.00 02/26/2024 WOW Conference 2024
164426 Jennifer Schober 74.00 02/26/2024 WMCA Conference 2024
164427 Josh McPherson 74.00 02/26/2024 Healthy Worksite Summit 2024
164428 Steve Mugnos 87.00 02/26/2024 Annual Building Code Training 2024
164429 Estate of Loris L. Anderson 89.03 02/26/2024 Refund Utility Overpayment
164430 Estate of Patsy Lynn Bates 118.42 02/26/2024 Refund Utility Overpayment
164431 Glenda Moore 360.00 02/26/2024 Refund Utility Overpayment
164432 Julia Or Matt Blair 275.00 02/26/2024 Refund Utility Overpayment
164433 NOFFKE HOMES LLC 7.59 02/26/2024 Refund Utility Overpayment
164434 Pamela Anne Hendricks Revocable Trust 160.00 02/26/2024 Refund Utility Overpayment
164435 REY ELIZONDO 201.71 02/26/2024 Refund Utility Overpayment
164436 Desert Coffee Company, LLC 85.00 02/27/2024 City Endorsement Reimbursement
164437 Heather Van Paepegham 13.50 02/27/2024 Petty Cash Reimbursement
164438 Linked By NT Beauty 85.00 02/27/2024 City Endorsement Reimbursement
164439 Manny De La Torre 133.00 02/27/2024 CDL Physical Reimbursement
164440 Phil Hanson 161.71 02/27/2024 CDL Endorsement Reimbursement
164441 T & L Logistics LLC 85.00 02/27/2024 City Endorsement Reimbursement
164442 Tami's Hawaiian Grinds 85.00 02/27/2024 City Endorsement Reimbursement
164443 Washington State Treasurer 506.47 02/27/2024 State Remittance Period Ending 1.31.24
164444 2M Company Inc 227.83 02/29/2024 Misc. Parts **Prompt Pay Discount**
164445 4Imprint, Inc.252.15 02/29/2024 Lip Balm Giveaways
164446 A & H Printers Inc 74.80 02/29/2024 Business Cards
164447 A-L Compressed Gases Inc 41.86 02/29/2024 CO2 Syphon Tube
164448 Abc Hydraulics 132.57 02/29/2024 Misc. Parts
164449 American Leak Detection 1,075.00 02/29/2024 Commercial Leak Detection
164450 Anatek Labs, Inc.390.00 02/29/2024 Sample Testing
164451 Aslynn Leland 498.64 02/29/2024 Plaques
City of Moses Lake
Checks Issued with Summary Description
For March 12th, 2024 Council Meeting
COML Council Packet 3-12-24, Page 11 of 142
164452 Aspect Consulting 6,557.75 02/29/2024 Well 20 Source Approval GC2023-173
164453 AT&T Mobility II, LLC 91.80 02/29/2024 First Responder Phones- Code Enf.
164454 Basin Insurance Associates, Inc 3,206.00 02/29/2024 Airport Insurance 2024
164455 Basin Propane LLC 59.27 02/29/2024 Propane
164456 Basin Septic Services Inc 1,414.58 02/29/2024 Sanitizer Stations / Route Services
164457 Battery Systems Inc 418.26 02/29/2024 Battery 35-75
164458 Bound Tree Medical LLC 269.27 02/29/2024 Medical Supplies
164459 Brookside Research & Development 1,950.00 02/29/2024 FallsTalk Class
164460 Cascade Natural Gas Corp 2,321.98 02/29/2024 Natural Gas Utilities
164461 Central Machinery Sales Inc 164.30 02/29/2024 Battery - WE S2F
164462 Centurylink 1,424.85 02/29/2024 Telephone Services
164463 Centurylink 3,541.62 02/29/2024 Telephone Services
164464 Cobies Fine Dry Cleaning 18.59 02/29/2024 Uniform, Hemming
164465 Columbia Glass LLC 182.11 02/29/2024 Glass for Louvered Windows
164466 Consolidated Electrical Distributors 4.09 02/29/2024 Wallplate
164467 Copiers Northwest Inc 1,078.42 02/29/2024 Equipment Contract Fees
164468 Databar Inc 1,510.28 02/29/2024 Utility Billing Invoices
164469 Dept Of Labor & Industries 161.65 02/29/2024 Elevator Permit
164470 Evergreen StormH2O 7,747.50 02/29/2024 Stormwater Comp Plan.
164471 Faber Industrial Supply 843.51 02/29/2024 12" Flat Chisel Bit
164472 Fastenal Company 75.76 02/29/2024 Large Stardard Grain
164473 Ferguson Enterprises Inc #3007 18.19 02/29/2024 C Batteries
164474 Freshworks, Inc. 1989 1,352.11 02/29/2024 Adding GIS Users
164475 Galls LLC 1,148.62 02/29/2024 Supplies
164476 General Fire Apparatus Inc 146.32 02/29/2024 Akron 6" Coilcord
164477 Grainger Parts Operations 13.99 02/29/2024 Exhaust Rain Cap
164478 Grant County Animal Outreach 8,333.00 02/29/2024 June 2023 Reprint- Lost Check Replaced
164479 Home Depot Credit Services 40.01 02/29/2024 January Statement 2024
164480 Home Depot Pro (Supplyworks)3,903.51 02/29/2024 Janitorial Supplies
164481 Ibs Inc 2,490.67 02/29/2024 Supplies
164482 Ims Alliance 11.98 02/29/2024 Uniform
164483 Inland Pipe & Supply Company 3,986.33 02/29/2024 Carbide Cutters
164484 Jerrys Auto Supply 75.42 02/29/2024 Fluid Filter
164485 Keller Associates 35,889.00 02/29/2024 Wastewater Plan Consulting
164486 King5.Com 2,000.00 02/29/2024 LTAC Advertising
164487 L N Curtis & Sons 2,529.75 02/29/2024 SCBA Repair Pieces
164488 Lad Irrigation Company Inc 106.24 02/29/2024 PVC Pieces
164489 Lakeside Industries Inc 1,309.47 02/29/2024 EZ Street Pallet
164490 Life -Assist, Inc.1,384.91 02/29/2024 Medical Supplies
164491 Line-X Of Moses Lake 653.52 02/29/2024 Bed Liner
164492 Localtel Communications 1,248.30 02/29/2024 Internet Services
164493 McKesson Medical-Surgical 172.87 02/29/2024 Medical Supplies
164494 MIRO-TV 1,200.00 02/29/2024 LTAC Advertising
164495 Moon Security Services Inc 602.98 02/29/2024 Evidence Security
164496 Moses Lake Steel Supply 226.66 02/29/2024 T-Ball Fixtures Repair
164497 Mountainview Powersports & Repair, Inc.144.15 02/29/2024 Quick Change Kit
164498 Norco Enterprises Inc 1,306.02 02/29/2024 Maintenance Supplies
164499 North 40 Outfitters 149.51 02/29/2024 Shovel/Bits/Sawzall Blade Set
164500 Northwest Safety Clean 215.99 02/29/2024 Professional Service
164501 Oreilly Auto Parts 200.39 02/29/2024 Switch
COML Council Packet 3-12-24, Page 12 of 142
164502 Owen Equipment Company 3,547.44 02/29/2024 Grabbers/Poles
164503 Pacific Aerial Services Inc 810.00 02/29/2024 Bucket Truck Inspections Eq # 207 & 208
164504 Paramount Supply Company 56.00 02/29/2024 Hex Nuts
164505 Pasco Tire Factory, INC 38.07 02/29/2024 Tire Disposal
164506 Platt Electric 708.66 02/29/2024 LED Lamps/Wire Strippers
164507 Pro Rentals And Sales 633.99 02/29/2024 SNS Equipment Rental
164508 Pro-West & Assoc. Inc 7,950.00 02/29/2024 GIS Professional Services
164509 Racom Corporation 6,243.72 02/29/2024 Truck Upfit Eq # 145
164510 RH2 Engineering Inc.50,415.87 02/29/2024 Water System Plan Update
164511 Rolluda Architects, Inc.70,961.43 02/29/2024 Police Building Design. GC2023-053
164512 Samaritan Healthcare 136.00 02/29/2024 Registration, CPR
164513 SCJ Alliance 276.00 02/29/2024 Planning Pro Services
164514 Sea Western Inc 585.36 02/29/2024 Air Quality Testing
164515 SHI International, Inc 4,388.51 02/29/2024 Barracuda Renewal
164516 Signature Graphics Inc 4,530.71 02/29/2024 Spring 2024 Brochure
164517 Signs Now, LLC 2,165.27 02/29/2024 Graphics Package Eq # 056
164518 Sirennet.Com 308.36 02/29/2024 Filler Plates/Mounting Bracket
164519 SolelyOn Broadcasting, LLC 300.00 02/29/2024 LTAC Advertising
164520 Spaldings Inc 32.67 02/29/2024 U-Brake Proport Valve
164521 The Wide Format Company 1,001.81 02/29/2024 KIP Toner
164522 Trane U.S. Inc.20,908.19 02/29/2024 Portable Refrigeration Unit + Delivery
164523 Trilogy Medwaste West, LLC 103.79 02/29/2024 Medical Waste Disposal
164524 Ups Freight 36.07 02/29/2024 Weekly Service Fees
164525 UPS Store 2469 455.07 02/29/2024 Shipping/Postage
164526 Usa Blue Book 51.70 02/29/2024 Printer Paper
164527 WA Chapter of Municipal Treasurers 450.00 02/29/2024 W. Parks Conference Registration
164528 WA State Association of Fire Chiefs 1,836.00 02/29/2024 WFC Membership for Chief Bastian
164529 Waste Mgt Recycle America Inc 778.38 02/29/2024 Commingle Loads January 24
164530 Weinstein Beverage Company 158.55 02/29/2024 Drinking Water
164531 William Scotsman, Inc 5,105.16 02/29/2024 Mobil Rental @ Sleep Center
164532 Zoll Medical Corp 1,701.32 02/29/2024 Small Equipment
164533 Don Garrison 900.81 02/29/2024 LEOFF Retiree Pension Feb 2024
164534 Janelle Sword 1,180.10 02/29/2024 LEOFF Retiree Pension Feb 2024
164535 Luther Stowers 680.83 02/29/2024 LEOFF Retiree Pension Feb 2024
164536 Stryker Medical 98.22 02/29/2024 Operating Supplies
164537 Caleb Martin 163.04 03/04/2024 Boot Reimbursement
164538 Derek Perez 75.00 03/04/2024 Pesticide Renewal 2024
164539 Doug Brandt 357.70 03/04/2024 2024 Boot Reimbursement
164540 Lee Willis 25.00 03/04/2024 Pesticide Renewal 2024
164541 Omar Ramirez 4,200.00 03/04/2024 Replenish Buy Moneys
164542 Washington State Treasurer 21,903.87 03/04/2024 2023 Seizures - 10%
164543 State of Washington Board 5,956.90 03/05/2024 Reserve Retirement Fund- Rodriguez
164544 State of Washington Board 5,956.90 03/05/2024 Reserve Officer Retirement- Davis
2,842,583.33$
COML Council Packet 3-12-24, Page 13 of 142
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:
Kevin Fuhr, City Manager 14826
Madeline Prentice, Director Finance
3/12/2024 Consent Agenda
MLMC 3.18.450 - Gambling Tax Regulation Update
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Adopt ordinance modifying MLMC 3.18.450.
ORDINANCE XXXX 2024-03-12 Title 3.18.450 Revision.docx 21.71KB
During a recent review of MLMC 3.18, it was discovered that section 3.18.450 contained inaccurate information
and did not sufficiently address the appeals, penalties, or delinquent tax lien processes and provisions. We are
requesting section 3.18.450 be revised as identified on the attached ordinance.
N/A
Options and Results
Adopt Ordinance as presented.
Staff will bring back options for recommended changes.
No change will be made to MLMC 3.18.450.
COML Council Packet 3-12-24, Page 14 of 142
ORDINANCE 3044
AN ORDINANCE AMENDING THE MOSES LAKE MUNICIPAL CODE TITLE 3.18.450, NOTICE OF VIOLATION AND ORDER TO PAY TO CORRECT. Recitals: 1. A gambling tax shall be levied on all persons, associations, and organizations who
conduct or operate gambling activities within the city and who have been duly licensed by the Washington State Gambling Commission. 2. Failure to make payment of the tax when due shall be a civil and criminal penalty,
3. Any taxpayer who fails to make payment of gambling taxes owed may appeal the determination of tax owing, including penalties and interest; and, 4. A delinquent tax lien may be filed when a gambling tax becomes delinquent.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS:
Moses Lake Municipal Code Section 3.18.450 titled “Notice of Violation and Order to Pay to
Correct” is amended as follows:
3.18.450 Notice of Violation and Order to Pay to Correct Appeals, Penalties,
Delinquent Tax Lien:
A. General. If the Finance Director determines that any person is violating any of the provisions
of this Chapter including but not limited to payment of taxes with the office of the Finance
Director, he or she may issue a Notice of Violation and Order to Pay or Correct. This Notice will
specifically indicate the following:
1. The name and address of the person(s) charged with the violation.
2. The street address or description of the location of the site on which the violation has
been determined to exist.
3. The amount necessary to cure the violation, including payment of taxes and penalties,
4. The date by which the payment is to be made.
COML Council Packet 3-12-24, Page 15 of 142
5. A statement that the civil penalties established in 1.20 shall be assessed against the
person(s) cited if the payment is not made within the specified time or the violation is not
cured.
A. B. Appeals. Any Notice of Violation and Order to Pay issued by the Finance Director shall be
appealable to the Hearing Examiner under Chapter 20.03.
1) The Finance Director’s determination of tax owing, including penalties and interest, may be
appealed by filing, in proper form, an appeal with the Finance Director within twenty (20)
days of the date of determination. Copies are also to be provided by the appealing party in
such time to the City Attorney. The date of determination is the date reflected therein or, if
mailed, three (3) days from the date of mailing, whichever is later. “Filing” requires actual
receipt. The taxpayer must further pay a filing fee in an amount to be established by city
resolution.
To be accepted, in proper form, as timely, appeals must show:
1) The taxpayer’s name, telephone number and business address;
2) The tax period and the taxpayer’s gross revenue from business activity in the city for
that period with which the appeal is concerned;
3) A receipt or other proof from the City Treasurer showing payment of the amount
determined owing by the department;
4) The amount of tax, interest, and penalty the taxpayer contends is due and method of
calculation; and
5) Reasons why a correction should be granted.
The appeal must be signed, verified under oath, and dated by an authorized representative of
the taxpayer.
2) Appeals hearings shall be held before the City hearing examiner. At the hearing, the
determination appealed from is regarded as prima facie correct. The hearing examiner, by
subpoena, may require any person to attend the hearing and may also require any person to
testify under oath and upon personal knowledge and to produce documents or records
deemed relevant or necessary. It shall be unlawful for any person with such subpoena to fail
to appear at the time and place stated, to fail to produce the books and records requested, if
any, or to fail to testify truthfully.
3) The hearing examiner shall preserve a record of the hearing in such form and manner as is
deemed proper. The hearing examiner may reverse or modify the Finance Director’s decision
COML Council Packet 3-12-24, Page 16 of 142
and may assess the correct amount of tax, penalty, or interest due if the hearing examiner
determines the assessment violates the provisions of this chapter or is contrary to law. The
decision of the hearing examiner may be appealed to Grant County Superior Court pursuant
to law.
B. C. Penalties.
1. Any violation for which a Notice of Violation and Order to Pay or Correct has been
issued but which has not been paid or corrected within the time specified shall incur a civil
penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars
($5,000), beginning on the day the payment was to be made. The cumulative penalty
provided for in this paragraph shall not accrue while an appeal is pending, nor shall the
penalty preclude the initiation of appropriate legal action to bar further operation of a
business, trade, or occupation in violation of this chapter.
2. If a penalty has been assessed pursuant to 1.20, a Court shall assess that penalty and
any additional penalty the Court considers appropriate plus court costs and attorney’s fees.
Any person violating any of the provisions or failing to comply with any of the mandatory
requirements of this chapter, in addition to any penalties as imposed by state law, shall be guilty
of a civil infraction for each day during which the violation exists, and upon conviction shall be
assessed a monetary penalty of $500.00 per violation. In addition, any person who engages in, or
carries on, any gambling activity subject to tax hereunder without having complied with the
provisions of this chapter shall be subject to loss of the business license and a business license
may be revoked by the city in the event the licensee shall fail to pay any gambling taxes due or
fail to comply with any of the terms and provisions of this chapter.
C. Delinquent Tax Lien.
Whenever any tax imposed hereunder shall become delinquent, the City Attorney is authorized
to file a lien upon the personal and real property used in the gambling activity taxable by this
Chapter in the same manner as provided for under RCW 84.60.010, as the same now exists or
may hereafter be amended. Pursuant to RCW 9.46.110, as the same now exists or may hereafter
be amended, the lien shall attach on the date the tax becomes due and shall relate back and have
priority against the real and personal property to the same extent as ad valorem taxes. The said
lien shall have priority to and shall be fully paid and satisfied before any recognizance,
mortgage, judgment, debt, obligation, or responsibility to or with which said real and personal
property may become charged or liable.
D. If the Finance Director determines that the violator continues to operate a business, trade,
or profession after the Notice of Violation and Order to Pay or Correct has been issued and
COML Council Packet 3-12-24, Page 17 of 142
payment has not been received within the time specified, the Finance Director shall issue a
notice of termination of utility service to any property permitting such business, trade, or
profession to operate in violation of this chapter. Such notice of termination of utility service
shall be issued pursuant to Chapter 13.12 and the procedures therein shall be followed. The
Finance Director may refer the matter to the City Attorney for civil enforcement by injunction or
other appropriate action.
D. E. Compromise, Settlement, and Disposition of Disputes or Litigation.
The Finance Director and the City Attorney may negotiate a settlement or compromise, or
otherwise dispose of a dispute or litigation when to do so would be in the best interests of the
city. (Ord. 2764, 5/12/15; Ord. 2387, 4/8/08; Ord. 2374, 2/26/08; Ord. 1643, 1994)
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on March
12, 2024. _____________________________________
Dustin Swartz, Mayor
ATTEST:
_______________________________________
Debbie Burke, City Clerk APPROVED AS TO FORM:
_______________________________________ Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Lombardi Skaug
Vote:
Date Published: March 18, 2024 Date Effective: March 23, 2024
COML Council Packet 3-12-24, Page 18 of 142
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
Mayor and City Council 14897
Kevin Fuhr, City Manager Administration
3/12/2024 Consent Agenda
Surplus of Real Property Owned by the City
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 surplus of real property owned by the City to be sold.
MUNICIPAL TRACT NO12 CBSP.pdf 557.78KB
Municipal Airport Property Surplus-2024.doc 31KB
In 1999, the Moses Lake Municipal Airport was developed as a Commercial Binding Site Plan of Lot 2 Municipal
Tract No. 12 Plat. The property is located in the Northeast 1/4 of Section 13, Township 19 North, Range 28
East, W.M., Moses Lake, Grant County, Washington.
When the plat was enacted, forty (40) individual parcels were created all of which are owned by the City of
Moses Lake. The City authorized airport leases, allowing citizens to erect airplane hangars on individually
leased parcels. The City now desires to sell the leased parcels listed on the Resolution.
The City Manager and the Municipal Airport Advisory Commission request that the council surplus the property
so that the City can dispose of the parcels and sell them in a reasonable manner. A 2023 appraisal of the
airport property identified the square footage price for the property, and each parcel would be sold for that
square footage price.
The proceeds from the sale of such surplus properties shall, pursuant to RCW 14.08.120, be deposited into the
City's municipal airport fund.
The disposal of the parcels will be much needed revenue into the airport budget.
Options and Results
COML Council Packet 3-12-24, Page 19 of 142
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Approve the surplus so that the properties can be sold.
Staff will bring back options for recommended changes.
Do not sell the properties and continue with the leases.
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RESOLUTION NO. 3974 A RESOLUTION DECLARING CITY OWNED REAL PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE RECITALS:
1. The City of Moses Lake owns a municipal airport which includes several lots which were created in 1999 and developed and improved for aviation-related uses privately pursuant to long term development leases. 2. The benefits of the long-term development leases have been fully amortized and realized for both
the City and the lessees. 3. The Moses Lake Municipal Airport Commission and the City Council have determined that these lots are not required for aircraft landings, aircraft takeoffs, or related aeronautic purposes and are surplus to the City’s needs.
RESOLVED: 1. The City of Moses Lake, Washington, declares that the following real properties listed below and owned by the City are surplus to its needs: The properties are legally described as follows:
• Tax parcel number 110484101, Lot 1 CBSP of Lot 2 Municipal Tract #12
• Tax parcel number 110484102, Lot 2 CBSP of Lot 2 Municipal Tract #12
• Tax parcel number 110484103, Lot 3 CBSP of Lot 2 Municipal Tract #12
• Tax parcel number 110484104, Lot 4 CBSP of Lot 2 Municipal Tract #12
• Tax parcel number 110484109, Lot 9 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484110, Lot 10 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484111, Lot 11 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484112, Lot 12 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484113, Lot 13 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484114, Lot 14 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484115, Lot 15 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484116, Lot 16 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484117, Lot 17 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484118, Lot 18 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484119, Lot 19 CBSP of Lot 2 Municipal Tract #12.
COML Council Packet 3-12-24, Page 26 of 142
• Tax parcel number 110484120, Lot 20 and N ½ Lot 21 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484121, S1/2 Lot 21 and All Lot 22 CBSP of Lot 2 Municipal Tract #12 TGW Per BLA.
• Tax parcel number 110484123, Lot 23 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484124, Lot 24 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484125, Lot 25 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484126, Lot 26 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484127, Lot 27 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484128, Lot 28 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484129, SE Corner of Lot 29 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484130, S1/2 Lot 30 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484131, Lot 31 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484132, Lot 32 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484133, Lot 33 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484134, Lot 34 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484135, Lot 35 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484136, Lot 36 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484137, Lot 37 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484138, Lot 38 CBSP of Lot 2 Municipal Tract #12.
• Tax parcel number 110484139, Lot 39 CBSP of Lot 2 Municipal Tract #12. 2. Pursuant to RCW 14.08.120, the real properties described above can be disposed of and sold in a commercially reasonable manner and the proceeds shall be deposited into the City’s airport fund. ADOPTED by the City Council on March 12, 2024.
_______________________________
Dustin Swartz, Mayor
ATTEST:
__________________________________________
Debbie Burke, City Clerk
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:
Kevin Fuhr, City Manager 14774
Doug Coutts, Director
Parks, Recreation, and
Cultural Services
3/12/2024 Consent Agenda
Surf 'n Slide Petty Cash Increase
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
5,500.00$4,500.00$1,000.00$
The Parks, Recreation & Cultural Services Department requests that Council approve an increase in petty cash
to improve cash flow operations at the Surf 'n Slide Water Park.
SNS Petty Cash Resolution.docx 23.51KB
The increase in petty cash is needed to accommodate the amount of cash transactions that take place at the
water park during the season, particularly during weekend operational hours. Staff reports and transaction data
reflect large volume of customers paying with cash over the weekend and the current petty cash allotment is
becoming inadequate, particularly over a 2-day and 3-day weekends.
n/a
Options and Results
n/a
Staff will bring back options for recommended changes.
n/a
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RESOLUTION 3975
A RESOLUTION REQUESTING AN INCREASE IN PETTY CASH FOR FUND 001-020, PARKS, RECREATION & CULTURAL SERVICES
Recitals:
1.The Parks, Recreation, & Cultural Services Director is requesting a petty cash increasefrom $4,500 to $5,500 in petty cash to facilitate Surf ‘n Slide Water Park operations. Theadditional $1,000 will be added to the start-up petty cash for the facility to accommodatethe high volume of customers with cash payments, particularly on weekends.
2. RCW 42.26.060 allows for the establishment and use of such petty cash accounts.
ADOPTED by the City Council on March 12, 2024.
________________________________________ Dustin Swartz, Mayor
ATTEST:
____________________________________
Debbie Burke, City Clerk
COML Council Packet 3-12-24, Page 29 of 142
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 14909
Kirsten Peterson, Director Community Development
3/12/2024 Consent Agenda
Emergency Housing Fund Budget Adjustment
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Review and approve a budget adjustment to Contract #24-4619D-106 with Grant County for the
Emergency Housing Fund administered by Grant County and funded through the Washington State
Department of Commerce.
Amendment A- Budget Revision 2023.pdf 5.86MB
EHF Budget Revision Form.pdf 711.01KB
Amendment to Sub Agreement.docx 14.24KB
EHG Contract 2023_Grant County-City ML Subrecipient.pdf 1.53MB
COML Council Packet 3-12-24, Page 30 of 142
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
During the October 10, 2023 meeting of City Council, a contract with Grant County was approved for
acceptance of $630,000 from the federal Emergency Housing Fund to be utilized for operations of the
Sleep Center. The contract, as presented by the County, had been categorized into 4 categories -
Administration, Operations, Facility Support, and Rent. Currently, we only have expenses coming out
of 3 categories - administration, operations, and facility support. In order to continue to be reimbursed
accurately for our expenses in 2023 and 2024, it will be necessary to update the allotted amounts
under our Facility support category as there were no funds allocated to this specific area. The
Washington State Department of Commerce requires we amend our current contract to update the
budget, in order for reimbursement funds to be disbursed. Our previous point of contact at Grant
County completed this amendment prior to her exit and the contract amendment was lost in the
transition. The revised budget amendment updates these category amounts from our previous
amounts to updated amounts as follows:
· Administration currently allotted for $71,000 with no change;
· Operations currently allotted for $592,000 with a decrease in $300,000 for a new total of $292,000;
and
· Facility Support with a previous amount of $0 to an addition of $300,000.
This change is a transfer of money per category and there is no overall change of balance to the
budget. The originally approved contract has been attached, with the Contract Budget depicting $0 in
Facility Support. The attached contract amendment includes a new Budget exhibit depicting the
realignment of the categories.
EHF funds will be reallocated per category with no impact on the current grant or the City’s general
fund.
Options and Results
The City will approve this amended contract with the Washington State Department of Commerce.
Staff will bring back options for recommended changes.
The City will not have enough allocated funds per category to continue to process expenses
accurately.
COML Council Packet 3-12-24, Page 31 of 142
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City Of Moses Lake Budget- Amendment A
COML Council Packet 3-12-24, Page 33 of 142
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AGREEMENT AMENDING WASHINGTON STATE DEPARTMENT OF COMMERCE
COMMUNITY SERVICES AND HOUSING DIVISION
HOMELESS ASSISTANCE UNIT
EMERGENCY HOUSING FUND (EHF)
SUBRECPIENT AGREEMENT BETWEEN GRANT COUNTY AND THE CITY OF
MOSES LAKE SIGNED THE 24TH DAY OF OCTOBER 2023, AND AMENDED ON THE
31ST DAY OF OCTOBER 2023
Section 5, Compensation is hereby amended as follows:
The maximum total amount payable by the COUNTY to the SUBRECIPIENT shall be
$1,154,338.00 per attached Amendment A, including Attachment B Budget Revision, to contract
#24-4619D-106.
The Federal Award Identification Number (FAIN) for contract #24-4619D-106 is SLFRF0002.
The federal award date is May 14, 2021.
In accordance with the Federal Funding Accountability and Transparency Act, Grant County
provides resources to assist people who are experiencing homelessness or at risk of experiencing
homelessness with street outreach, shelter and utility and rent assistance.
SUBRECIPIENT shall submit all financial, performance and other reports to COUNTY as
required to closeout this award.
All other provisions of the original agreement or any modifications to the original agreement
remain in effect.
Grant County Washington City of Moses Lake
Board of Commissioners
____________________________ _____________________________
Cindy Carter, Chair Kevin Fuhr, City Manager
____________________________ _____________________________
Danny Stone, Vice-Chair Date
____________________________
Rob Jones, Member
____________________________
Date
Attest: Approved as to form:
____________________________ ________________ Date ___/___/2024
Clerk of the Board Civil Deputy Prosecuting Attorney
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Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
14873
Community Development
Consent Agenda
To:
Kevin Fuhr, City Manager
From
Kirsten Peterson, Director
For Agenda of:
3/12/2024
Subject
Beneficiary Agreement Authorization for ARPA grant funding
Reviewed and Approved by:
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
630,000.00$630,000.00$630,000.00$
Staff recommends the City Council authorize the City Manager to sign the Beneficiary Agreement with
Grant County for acceptance of a grant in the amount of $633,000 from the American Rescue Plan Act
(ARPA).
Current ARPA Funding Application 8.14.23.pdf 124.94KB
Grant County-Moses Lake Beneficiary Agreement.pdf 236.92KB
ARPA Treasury Agreement.pdf 2.69MB
COML Council Packet 3-12-24, Page 48 of 142
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
On August 14, 2023 the City of Moses Lake submitted a request for $633,000 in ARPA funding to
Grant County for the purpose of purchasing new sleeping units for the Sleep Center. The request is
included for reference as the first attachment to this report, and provides a further description of the
request. On February 7, 2024 the City received official notification from County Commissioner Stone
that the grant had been awarded.
The County has provided a Beneficiary Agreement that outlines the responsibilities for both the County
and the City of Moses Lake as a beneficiary. This document is the second attachment, and is a
requirement to satisfy the County’s responsibilities as beneficiary of the ARPA funds from the federal
government. After the funds are spent, it will be necessary for the City to submit a final report to the
County describing how the grant funds were expended.
A achments B & C of the Beneficiary Agreement are accessible via the links provided within the document
itself. A achment D is a “Scope of Work” document that includes some repor ng criteria for ARPA beneficiaries.
Also provided, as the third a achment, is the document referred to as A achment A within the Beneficiary
Agreement. It is the “Interagency Agreement Between The U.S. Department of Treasury and Grant County.”
That document is included for informa onal purposes and requires no ac on on the part of the City.
If Council authorizes the City Manager to sign the Beneficiary Agreement, the item will be placed on the next
possible Consent Agenda of the Board of County Commissioners. The City would be eligible to begin receiving
the grant shortly therea er.
Authorizing the City Manager to sign the Beneficiary Agreement will allow the City to move forward
with the purchase of new sleeping units for the Sleep Center without any impact to the City’s general
fund.
Options and Results
The City will receive the ARPA grant funding from Grant County.
Staff will bring back options for recommended changes.
The City will not have the funding capacity to replace the worn sleeping units
COML Council Packet 3-12-24, Page 49 of 142
American Rescue Plan Funding Applica�on
Grant County
Organiza�on Name:
Mailing Address:
UEI & FID:
Organiza�on Contact:
Contact Email:
Contact Phone Number:
Who is Signing Contract (name/�tle):
Date of Submission:
Name of Project:
Amount Requested: $
In the form below place as much per�nent detail as needed to explain
the project and why you feel your organiza�on needs these funds. Also
please quote from the final rule the guidance your organiza�on believes
jus�fies your request. Atach a separate document if required. Email
submission to: commissioners@grantcountywa.gov
COML Council Packet 3-12-24, Page 50 of 142
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ARPA BENEFICIARY AGREEMENT
This ARPA Beneficiary Agreement (“Agreement”) is dated as of the day of , 2024,
by and between Grant County, a Washington political subdivision ("County"), and the entity
(Federal Tax ID# , UEI # ), a Washington State ("Beneficiary").
WHEREAS, the U.S. Department of the Treasury (“Treasury”) has allocated to the County $18,983,490.00 of federal stimulus funding from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Funds under CFDA No. 21.027 (“ARPA Funds”) under Section 602 (b) and 603(b) of the Social Security Act, as amended by Section 9901 of the American
Rescue Plan Act (“ARPA Act”), for the limited purposes identified in the Agreement between the
Treasury and Grant County designated under FAIN # #SLFRP2169 (Agreement), identified as Attachment A, the Coronavirus State and Local Fiscal Recovery Funds Final Rule (“Final Rule”), identified as Attachment B, and the Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds (“Compliance & Reporting Guidelines”), identified as Attachment C.
Attachments A, B & C are attached hereto and incorporated herein by this reference.
WHEREAS, the County desires to allocate portions of the ARPA Funds awarded to Grant County in support of
Notable negative economic impacts by the Beneficiary include the following:
WHEREAS, the County believes the provision of
qualifies this project as an eligible use of ARPA Funds as outlined previously.
WHEREAS, the County and Beneficiary desire to enter into this Agreement so that the County may advance ARPA Funds via a direct economic support grant to provide the Beneficiary with sufficient resources to proceed as allowed under the Attachments A & B.
NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below, the parties agree as follows:
COML Council Packet 3-12-24, Page 52 of 142
1.Effective Date and Term. This Agreement shall commence when last executed by allparties and remain in effect until December 31, 2026, unless terminated by the County in
writing.
2.ARPA Funds. The County agrees to provide to the Beneficiary a total dollar sum not toexceed $ on a basis for eligible costsincurred during the period of March 3, 2021, through September 30, 2026 based on
eligibility criteria outlined in Attachment D, Scope of Work.
3. Reimbursement Request Support. For entities receiving ARPA Funds on a reimbursementbasis, to facilitate release of ARPA funding to the Beneficiary, the Beneficiary will submita detailed invoice in a form specified and approved by the County, no more frequently than
monthly and at minimum on a quarterly basis, detailing the eligible expenses incurred by
the Beneficiary for which Reimbursement is being requested. Each Reimbursement requestsubmitted by the Beneficiary will include a signed certification by the Beneficiary that suchexpenses represent eligible expenses incurred by the Beneficiary based on the eligibilitycriteria outlined in Attachment D and that such expenses have not been nor will be
reimbursed under any other government or private entity program. Such schedule may be
modified with the prior approval of the County. Failure to provide any of the requireddocumentation may result in termination of the Agreement and in the withholding and/ornonpayment of all remaining funds awarded to the Beneficiary by the County under theAgreement.
4.Advance payment Support. For entities receiving ARPA funds as an advance payment, aprogress and final report will be required when the funding has been expended. At thediscretion of the BOCC, all entities in this category may be required to provide a narrativebudget either at the time this agreement is signed or along with the progress and final report.
5.Ineligible Uses. Non-allowable uses of ARPA Funds include, without limitation, thefollowing: a) usage of funds to either directly or indirectly offset a reduction in net taxrevenue resulting from a change in law, regulation or administrative interpretation duringthe covered period that reduces any tax or delays the imposition of any tax or tax increase;
b) damages covered by insurance; c) usage of funds as a deposit into any pension fund; d)
expenses that have been or will be reimbursed under any federal program; e) debt servicecosts; f) contributions to a “rainy day” fund; g) legal settlements and h) any and all otherineligible uses listed in the Final Rule.
6.Termination. The County may terminate this Agreement, for convenience or otherwise and
for no consideration or damages, upon prior notice to the Beneficiary.
7.Independent Contractor. Each party under the Agreement shall be for all purposes anIndependent Contractor. Nothing contained herein will be deemed to create an association,
a partnership, a joint venture, or a relationship of principal and agent, or employer and
employee between the parties. The Beneficiary shall not be, or be deemed to be, or act orpurport to act, as an employee, agent, or representative of the County for any purpose.
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8.Indemnification. The Beneficiary agrees to defend, indemnify and hold the County, itsofficers, officials, employees, agents and volunteers harmless from and against any and all
claims, injuries, damages, losses or expenses including without limitation personal injury,
bodily injury, sickness, disease, or death, or damage to or destruction of property, whichare alleged or proven to be caused in whole or in part by an act or omission of theBeneficiary, its officers, directors, employees, and/or agents relating to the Beneficiary’sperformance or failure to perform under this Agreement. The section shall survive the
expiration or termination of this Agreement.
9.Compliance with Laws, Guidelines. The Beneficiary shall comply with all federal, state,and local laws and all requirements (including debarment and other required certificationsand audits) of Attachments A & B, and Compliance & Reporting Guidelines to the extent
applicable, when disbursing ARPA Funds to Beneficiary or when seeking Reimbursement
from the County.
10.Maintenance and Audit of Records. The Beneficiary shall maintain records, books,documents, and other materials relevant to its performance under this Agreement. These
records shall be subject to inspection, review and audit by the County or its designee, the
Washington State Auditor’s Office and as required by Attachments A & B, andCompliance & Reporting Guidelines for five (5) years after all funds have been expendedor returned. If it is determined during the course of the audit that the Beneficiary wasreimbursed for unallowable costs under this Agreement, the Beneficiary agrees to promptly
reimburse the County for such payments upon request.
11.Notices. Any notice desired or required to be given hereunder shall be in writing, and shallbe deemed received three (3) days after deposit with the U.S. Postal Service, postage fullyprepaid, certified mail, return receipt requested, and addressed to the party to which it is
intended at its last known address, or to such other person or address as either party shall
designate to the other from time to time in writing forwarded in like manner:
Beneficiary: Organization: Contact Name:
Address:
City/State/Zip
Grant County: Grant County Commissioners P.O. Box 37
Ephrata, WA 98823
12.Improper Influence. Each party warrants that it did not and will not employ, retain, orcontract with any person or entity on a contingent compensation basis for the purpose ofseeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants,
and represents that no gratuity whatsoever has been or will be offered or conferred with a
view towards obtaining, maintaining, or extending this Agreement.
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13.Conflict of Interest. The elected and appointed officials and employees of the parties shallnot have any personal interest, direct or indirect, which gives rise to a conflict of interest.
14.Time. Time is of the essence in this Agreement.
15. Survival. The provisions of this Agreement that by their sense and purpose should surviveexpiration or termination of the Agreement shall so survive. Those provisions include
without limitation Indemnification and Maintenance and Audit of Records.
16. Amendment. No amendment or modification to the Agreement will be effective withoutthe prior written consent of the authorized representatives of the parties.
17.Governing Law; Venue. The Agreement will be governed in all respects by the laws of
Washington State, both as to interpretation and performance, without regard to conflicts oflaw or choice of law provisions. Any action arising out of or in connection with theAgreement may be instituted and maintained only in a court of competent jurisdiction inGrant County, Washington or as provided by RCW 36.01.050.
18.Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising,any right hereunder shall operate as a wavier thereof; nor shall any single or partial exerciseby the County of any right hereunder preclude any other or further exercise thereof or theexercise of any other right. The remedies herein provided are cumulative and not exclusive
of any remedy available to the County at law or in equity.
19.Binding Effect. This Agreement shall be binding upon and inure to the benefit of the partieshereto and their respective successors.
20.Assignment. The Beneficiary shall not assign or transfer any of its interests in or
obligations under this Agreement without the prior written consent of the County.
21.Entire Agreement. This Agreement constitutes the entire agreement between the Countyand the Beneficiary for the use of funds received under this Agreement and it supersedes
all prior or contemporaneous communications and proposals, whether electronic, oral, or
written between the parties with respect to this Agreement.
22.No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer anyright, action, or benefit in, to, or on the part of any person or entity that is not a party to this
Agreement. This provision shall not limit any obligation which either Party has to Treasury
in connection with the use of ARPA Funds, including the obligations to provide access torecords and cooperate with audits as provided in this Agreement.
23.Severability. In the event that one or more provisions of this Agreement shall be determined
to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the
remainder of the Agreement shall remain in full force and effect and the invalid provisionsshall be deemed deleted.
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24.Counterparts. This Agreement may be executed in one or more counterparts, any of whichshall be deemed an original but all of which together shall constitute one and the same
instrument.
25.Authorization. Each party signing below warrants to the other party, that they have the fullpower and authority to execute this Agreement on behalf of the party for whom they sign.
IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of
the last date signed below.
DATED this _____ day of ___________________, 2024.
BENEFICIARY ORGANIZATION: ________________________________________
PRINTED NAME: TITLE:
SIGNATURE:
DATED this day of , 2024.
BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON
Cindy Carter, Chair
Danny E. Stone, Vice Chair
Rob Jones, Member
ATTEST:
Barbara J. Vasquez, Clerk of the Board Date
Approved as to Form:
Rebekah M. Kaylor, WSBA#: 53527 Deputy Prosecuting Attorney
COML Council Packet 3-12-24, Page 56 of 142
ATTACHMENT A
INTERAGENCY AGREEMENT BETWEEN
THE U.S. DEPARTMENT OF TREASURY AND GRANT COUNTY
Attachment A to be provided on a separate document
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ATTACHMENT B
U.S. DEPARTMENT OF TREASURY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINAL RULE EFFECTIVE 4-1-2022
https://home.treasury.gov/system/files/136/SLFRF-Final-Rule.pdf
COML Council Packet 3-12-24, Page 58 of 142
ATTACHMENT C
U.S. DEPARTMENT OF TREASURY
COMPLIANCE AND REPORTING GUIDANCE FOR CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS DATED 9-20-22 Version 5.0
https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf
COML Council Packet 3-12-24, Page 59 of 142
ATTACHMENT D
SCOPE OF WORK The Board of Commissioners is directing to provide the Beneficiary a total dollar amount not to
exceed $ of ARPA Funds in support of
Expenses under this grant must meet the eligibility criteria outlined below:
1. Eligible Costs
2. Program Funding and Award Amount
The County shall make $ of ARPA funds available under Attachment A that will be paid to the Beneficiary on a basis. All funds are to be disbursed no later than September 30, 2026.
3. Reporting The ARPA funding will be provided via warrant to the Beneficiary upon its submission to the County of expenditure details, together with copies of invoices, receipts and other supporting
documentation for each expense for which reimbursement is requested, along with a signed
certification by the Beneficiary that such expenses represent eligible expenses incurred by the Beneficiary based on the eligibility criteria outlined above and that such expenses have not been nor will be reimbursed under any other government or private entity program. The Beneficiary may only submit one request for reimbursement per month and at minimum on a quarterly basis.
This will ensure the eligibility of the expenditures consistent with the application requirements
prior to payment. The Beneficiary reporting obligations listed above will not be required if one or both statements below are checked:
A narrative budget and plan has been previously submitted by the applicant and approved by the BOCC. A progress and final report from the beneficiary on grant usage is required. This beneficiary is designated as being within an eligible class for grant allocation. A
progress and final report from the beneficiary on grant usage is required and the BOCC
may require a narrative budget to accompany the progress and final report.
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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 14881
Doug Coutts, Director
Parks, Recreation, and
Cultural Services
3/12/2024 Consent Agenda
Concessions Agreements
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 Concessionaire Agreements for Blended at the Larson Recreation Center, Smulligans for Surf 'N
Slide/Lauzier Ballfields and Larson Ballfields Concession Stands, and Jones Brand LLC for kiosks at Surf 'N
Slide and Blue Heron Park.
Blended Contract 2024-Draft.docx 955.17KB
Jones Brand LLC Contract 2024-Draft.docx 2.77MB
Smulligans Contract 2024-Draft.docx 56.26KB
Staff issued a Request for Qualifications for concessionaires to operate the concession stands in Surf 'n Slide,
Larson Recreation Center, Larson Ballfields, Lauzier Ballfields, Civic Center Cafe space and any other
proposals for Concessions at Park Properties. We received three responses from qualified vendors. Those
proposals were reviewed by the Park Board and the Vendors recommended to proceed to agreement
processes. The attached agreements have been reviewed by the City Attorney and staff and the Park Board
recommend proceeding.
None
Options and Results
Staff will proceed with execution of the agreements with the Concessionaires.
COML Council Packet 3-12-24, Page 67 of 142
Provide Amended Direction:
No Action Taken:
Staff will bring back options for recommended changes.
Agreements will not be executed and staff will look at additional options.
COML Council Packet 3-12-24, Page 68 of 142
AGREEMENT FOR CITY PARK CONCESSION SERVICES
This Professional Services Agreement ("Agreement") is dated effective this 8th day of
May, 2024. The parties ("Parties") to this Agreement are the City of Moses Lake, a Washington
municipal corporation ("City"), and Healthkick LLC, d/b/a Blended, a Washington partnership.
A. The City seeks the professional services of a skilled independent contractor
capable of working without direct supervision, to provide food and beverage services to the
general public at the Larson Recreation Center.
B. The Concessionaire has the requisite skill and experience necessary to provide
such services.
NOW, THEREFORE, the Parties agree as follows:
1. Services.
Concessionaire shall provide services as set forth in Exhibit "A" attached hereto and
incorporated by this reference, at the Larson Recreation Center ("Kitchen") located, in a manner
consistent with the accepted practices for other similar services, performed to the City's
satisfaction, within the time period prescribed by the City and pursuant to the direction of the
City Manager or his designee.
1.1 Customer Service. Concessionaire and all of its employees, agents, or
representatives shall provide the highest quality of customer service and shall treat all customers
with courtesy and respect. Concessionaire shall honor all reasonable request for refunds including
requests from customers that are dissatisfied with any food, beverage or other product sold by
Concessionaire or from customers who have lost money in any vending machine owned by
Concessionaire.
1.2 Employee Appearance. All of Concessionaire's employees, agents,
representatives or licensees shall have a neat, clean and sanitary personal appearance and those
who come in direct contact with the public shall wear clothing or identification, which
distinguishes them as employees of Concessionaire.
1.3 Employee Training. Concessionaire shall provide a training program for
its employees, agents, or representatives for the development of the skills and techniques
necessary to perform its obligations under this Agreement including but not limited to promoting
customer service, product and service presentation, cleanliness, and positive attitude.
1.4 Staffing. The Kitchen shall be properly staffed in order to prevent undue
delay to the public. Concessionaire shall plan its staffing in advance and anticipate to the best of
its ability any events, such as holidays or special events, which may require additional staffing.
In the event the City determines in its sole discretion that Concessionaire is not adequately
staffing the Kitchen, it may notify Concessionaire of that fact and Concessionaire shall endeavor
to immediately increase its staffing to meet the City's recommendation.
Concessionaire understands that the services authorized under this Agreement may
involve concessionaire's personnel having unsupervised access to children under sixteen years of
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age, developmentally disabled persons, or vulnerable adults as those terms are defined in RCW
43.43.830. Concessionaire warrants and certifies that none of its personnel who will or may be
given such access shall have:
a.Been convicted of any offense against children or other persons, as defined in
RCW 43.43.830; or
b.Been convicted of any crimes related to financial exploitation, where the victim
was a vulnerable adult, as defined in RCW 43.43.830; or
c. Been adjudicated in any civil action to have committed child abuse, as defined in
RCW 43.43.830, or
d.Had a disciplinary board final decision rendered against them or has been
convicted of criminal charges associated with a disciplinary board final decision, as defined in
RCW 43.43.830.
Concessionaire shall be responsible for obtaining any necessary background checks of
personnel or volunteers in accordance with applicable provisions of state law, including but not
limited to those persons with unsupervised access to children or vulnerable persons (RCW
43.43.830 et seq.)
1.5 Hours and Areas of Operation. The Kitchen shall remain open during the
hours of operation set forth in Exhibit "B", unless the City notifies the Concessionaire of other
hours of operation, and such hours of operation shall be posted in a conspicuous place on the
Kitchen.
Concessionaire shall operate only at the locations identified herein, and shall not sell,
advertise, display or promote their products beyond these areas.
*During hours of operation LRC staff may enter and use the Kitchen at any time for other
pre planned programs.*
1.6 Pricing. All pricing of any food, beverage or other product as set forth in
Exhibit "C" attached hereto and incorporated by this reference, must be competitive and must be
approved in writing by the City. Concessionaire may not change any pricing without the City's
prior written consent, which consent may not be unreasonably withheld. Concessionaire shall
display a price list of goods sold in full view of the public at all times during the operation.
1.7 Products. All food, beverage or other products offered for sale by
Concessionaire to the public shall be approved in writing by the City prior to distribution or sale
of any such products. Concessionaire shall comply with any reasonable requests made by the
City to either add or eliminate certain types of food, beverage or other products. Concessionaire
shall comply with the City's existing, exclusive soft drink agreement. Concessionaire shall be
contractually obligated to sell exclusive product during all hours of operation.
Concessionaire shall not sell any items in glass containers, and any items with shells (i.e.-
peanuts, sunflower seeds etc.) nor shall Concessionaire sell, display or distribute tobacco
products or alcoholic beverages of any kind. Concessionaire shall not sell, advertise, or distribute
any non-food items.
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2. Kitchen Equipment,
2.1 Delivery. The City agrees to allow Concessionaire the use of existing
Kitchen Equipment, as set forth in Exhibit “D,” located in each concession location.
Concessionaire shall be responsible for the maintenance, repair and/or replacement of the Kitchen
Equipment at Concessionaire's sole cost and expense. Concessionaire shall comply with all
applicable regulations regarding the inspection and maintenance of the commercial hood vents
and suppression systems, and all required inspections and cleanings shall be at Concessionaire's
sole cost and expense.
2.2 Alterations. Concessionaire shall not make any alterations, additions or
improvements to the Kitchen or to the Kitchen Equipment without the City's prior written
consent. In the event the City consents to the making of any alterations, additions or
improvements to the Kitchen and/or Kitchen Equipment, the same shall be made at
Concessionaire's sole cost and expense, and in the event such alterations, additions or
improvements are made to a structure, building or other improvement attached to the real
property, the same will become a part of the real property and be surrendered to the City upon
the termination of this Agreement. The City has no obligation to alter, remodel, improve, repair,
decorate or paint the Kitchen.
2.3 Removal of Equipment. In the event the City notifies Concessionaire that
it desires the removal of any Kitchen equipment installed by and belonging to Concessionaire, at
any time, Concessionaire shall, at its sole cost and expense, remove such Kitchen equipment and
repair any damage to the real property caused by such removal within thirty (30) days.
2.4 Maintenance. Concessionaire shall, at its sole cost and expense, maintain
the Kitchen and Kitchen Equipment and the surrounding real property in good condition and
repair, including, but not limited to, maintaining the Kitchen and the area within a 100' radius
from the Kitchen, in a neat, clean and sanitary condition and removing all garbage, trash or other
debris on a regular basis pursuant to the City's instructions. Concessionaire shall provide for the
regular janitorial cleaning of the Kitchen. Concessionaire shall deposit all trash, garbage and/or
debris for the operation in the dumpster located at that site.
Upon termination and/or expiration of this Agreement, Concessionaire shall leave the
Kitchen and Kitchen Equipment in the same or better condition as existed on the date of
commencement of this Agreement.
2.5 Damage to Kitchen. If the Kitchen or any part thereof is damaged by any
cause other than the sole negligence of the City, its employees or agents, Concessionaire shall, at
its sole cost and expense, restore the Kitchen to a condition equivalent to or better than its
condition immediately prior to such damage.
2.6 City Reimbursement. In the event Concessionaire fails to remove the
Kitchen Equipment pursuant to paragraph 2.3, maintain the Kitchen or Equipment pursuant to
paragraph 2.4, or repair the Kitchen pursuant to paragraph 2.5, the City may, but in no event is
the City obligated to, remove the Kitchen or perform the maintenance or repair and the
Concessionaire shall, upon demand, immediately pay the City the costs and expenses of such
removal, maintenance or repair. In the event Concessionaire fails to comply with the terms of this
COML Council Packet 3-12-24, Page 71 of 142
paragraph, the City may confiscate the Kitchen Equipment or any part thereof and sell the same,
the proceeds of which sale will be credited against any costs or expenses incurred by the City.
The sale of the Kitchen Equipment shall not constitute an election of remedies by the City but
will be in addition to any remedies available to the City at law, in equity, by statute or under this
Agreement.
2.7 Utilities. Taxes and Expenses. Concessionaire shall pay all costs and
expenses associated with the operation of the Kitchen other than utility expenses for water and
power, which will be paid by the City. Concessionaire shall pay directly, before delinquency,
any and all taxes levied or assessed upon its leasehold improvements, equipment, furniture,
fixtures and personal property located on the City's property.
2.8 Trailer Parking Stipulations. Concessionaire may use LRC back parking
lot when needed to park their trailer. Upon 24 hour notice concessionaire must move the trailer
from the parking lot if requested by City for any events in the park/facility. City may also end
this specific permission of the agreement with a 30 days’ notice at any time.
3. Terms.
The term of this Agreement shall commence upon the effective date of this Agreement and
shall continue until the completion of the Services, but in any event no later than February 28,
2025, ("Term"). This Agreement may be extended for additional periods of time upon the mutual
written agreement of the City and the Concessionaire.
4. Termination.
Prior to the expiration of the Term, the City may terminate this Agreement immediately,
with or without cause and with a thirty (30) day notice.
5. Compensation.
5.1 Total Compensation. The Concessionaire agrees to pay the City an
amount equal to 15% of the Concessionaire's gross monthly revenue plus the applicable
Leasehold Excise Tax referenced in section 5.6, excluding state sales tax ("Percentage Payment").
The term "Gross Monthly Revenue" shall mean the total amount charged by
Concessionaire, its employees, agents, or licensees, for all goods and merchandise sold or services
performed, whether for cash or other consideration or on credit, and regardless of collections,
including but not limited to orders taken at the Kitchen but filled elsewhere and orders taken
elsewhere but filled at the Kitchen.
5.2 Payment Due Date. Concessionaire shall deliver the Percentage Payment
to the City on or before the 10th day of each month for Gross Monthly Revenue received during
the preceding month ("Due Date").
5.3 Access to Records. Concessionaire shall provide a written statement to
the City on the Due Date showing the total Gross Monthly Revenue for the preceding month
("Statement"). Concessionaire will provide the City or the City's agents or representative's
reasonable access to the books and records of Concessionaire for the purposes of auditing and
inspecting the same to verify the Statement. The records shall include documents from which
COML Council Packet 3-12-24, Page 72 of 142
the original transaction entry was made, including sales slips, cash register tapes, and/or purchase
invoices. Concessionaire hereby authorizes the Tax Division of the State of Washington to release
to the City, a statement of receipts from sales and services made at this concession as filed during
the period of this contract.
5.4 Cash Register. All sales, other than sales from vending machines, shall be
recorded by a cash register, which display to the customer the amount of the sale and
automatically issue receipts certifying the transaction amount. The cash register shall be
equipped with devices which lock in sales totals, transaction records, produce duplicate audit
tape, contain counters which cannot be reset and which record the transaction numbers and sales
details on such tape. Any errors shall be noted by Concessionaire on the audit tape with an
explanation. Cash register readings shall be recorded by Concessionaire at the beginning and the
end of each business day.
5.5 Late Fee. Concessionaire acknowledges that late payment to the City of
the Percentage Payment will cause the City to incur costs not contemplated by this Agreement,
the exact amount of which will be difficult to ascertain. Accordingly, if the Percentage Payment
is not received by the City on the Due Date, Concessionaire agrees to pay a late fee equal to
Twenty-Five and No/100 Dollars ($25.00).
5.6 Concessionaire Responsible for Taxes. The Concessionaire shall be solely
responsible for the payment and reporting of any taxes imposed by any lawful jurisdiction as a
result of the performance and payment of this Agreement; including, but not limited to, sales tax
and Leasehold Excise Tax, currently at a rate of 12.84 % of the percentage paid to the City.
6. Compliance with Laws.
Concessionaire shall comply with and perform the Services in accordance with all
applicable Federal, State, and City laws including, without limitation, all City codes, ordinances,
resolutions, standards and policies, as now existing or hereafter adopted or including but not
limited to the following:
(i) Federal, State and local health, safety and licensing laws relating to the sale of
concession goods; and
(ii) City code provisions requiring any person or entity doing business in the City to
obtain a business license.
(iii) Concessionaire shall hold a valid permit from the Grant County Health District if
food and/or beverages requiring such a permit are to be sold.
(iv) Concessionaire shall display the official Grant County Health District permit in
full view of the public at all times during the operation.
7. Warranty.
The Concessionaire warrants that it has the requisite training, skill and experience
necessary to provide the Services and is appropriately accredited and licensed by all applicable
agencies and governmental entities, including but not limited to being registered to do business
in the City of Moses Lake by obtaining a City of Moses Lake Business License.
COML Council Packet 3-12-24, Page 73 of 142
8. Independent Contractor/Conflict of Interest.
It is the intention and understanding of the Parties that the Concessionaire shall be an
independent contractor and that the City shall be neither liable nor obligated to pay Concessionaire
sick leave, vacation pay or any other benefit of employment, nor to pay any social security or
other tax which may arise as an incident of employment. The Concessionaire shall pay all income
and other taxes as due. Industrial or any other insurance, which is purchased for the benefit of the
City, regardless of whether such may provide a secondary or incidental benefit to the
Concessionaire, shall not be deemed to convert this Agreement to an employment contract. It is
recognized that concessionaire may or will be performing professional services during the Term
for other parties; provided, however, that such performance of other services shall not conflict
with or interfere with Concessionaire's ability to perform the Services. Concessionaire agrees to
resolve any such conflicts of interest in favor of the City.
9. Indemnification.
9.1 Contractor Indemnification. The Concessionaire agrees to indemnify,
defend, and hold the City, its elected officials, officers, employees, agents, and volunteers
harmless from any and all claims, demands, losses, actions and liabilities (including costs and all
attorney fees) to or by any and all persons or entities, including, without limitation, their
respective agents, licensees, or representatives, arising from, resulting from, or connected with
this Agreement to the extent caused by the negligent acts, errors or omissions of the
Concessionaire, its partners, shareholders, agents, employees, or by the Concessionaire's breach
of this Agreement. Concessionaire waives any immunity that may be granted to it under the
Washington State Industrial Insurance Act, Title 51 RCW. Concessionaire's indemnification shall
not be limited in any way by any limitation on the amount of damages, compensation or benefits
payable to or by any third party under workers' compensation acts, disability benefit acts or any
other benefits acts or programs.
9.2 Survival. The provisions of this Section shall survive the expiration or
termination of this Agreement with respect to any event occurring prior to such expiration or
termination.
10. Equal Opportunity Employer.
In all Concessionaire's activities, including the performance of the Services and all hiring
and employment made possible by or resulting from this Agreement, there shall be no
discrimination by Concessionaire or by Concessionaire's employees, agents, subcontractors or
representatives against any person because of sex, age (except minimum age and retirement
provisions), race, color, creed, national origin, marital status or the presence of any disability,
including sensory, mental or physical handicaps, unless based upon a bona fide occupational
qualification in relationship to hiring and employment,. This requirement shall apply, but not be
limited to the following: employment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. Concessionaire shall
not violate any of the terms of Chapter 49.60RCW, Title VII of the Civil Rights Act of 1964, the
Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 21973 or any other
applicable federal, state or local law or regulation regarding non-discrimination. Any material
COML Council Packet 3-12-24, Page 74 of 142
violation of this provision shall be grounds for termination of this Agreement by the City and, in
the Case of the Concessionaire's breach, may result in ineligibility for further City agreements.
11. Confidentiality.
All information regarding the City obtained by Concessionaire in performance of this
Agreement shall be considered confidential. Breach of confidentiality by Concessionaire will be
grounds for immediate termination.
12. Insurance.
The Concessionaire agrees to carry as a minimum, the following insurance, in such forms
and with such carriers who have a rating, which is satisfactory to the City:
12.1 Workers' compensation and employer's liability insurance in amounts sufficient
pursuant to the laws of the State of Washington;
12.2 Commercial general liability insurance with combined single limits of liability not less than $2,000,000, a $2,000,000 aggregate for bodily injury, including personal injury or
death, products liability and property damage, and $2,000,000 products-completed operations aggregate limit. 12.3 Automobile liability insurance with combined single limits of liability not less
than $1,000,000. For bodily injury, including personal injury or death and property damage.
The City shall be named as additional insured on all such insurance policies, with the
exception of workers' compensation coverage, and all policies shall be in excess of, and
noncontributory with, any insurance maintained by the City. Concessionaire shall provide
certificates of insurance, concurrent with the execution of this Agreement, evidencing such
coverage on an occurrence (and not claims made) basis, and, at City's request, furnish the City
with copies of all insurance policies and with evidence of payment of premiums or fees of such
policies. All insurance policies shall contain a clause of endorsement providing that they may
not be terminated or materially amended during the Term of this Agreement except after thirty
(30) days prior written notice to the City. Concessionaire's failure to maintain such insurance
policies shall be grounds for the City's immediate termination of this Agreement.
The provisions of this Section shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
13. Non-Exclusive Right. This Agreement does not grant Concessionaire an
exclusive right to distribute its products. The City reserves the right to grant to other persons or
entities any of the rights contained herein or otherwise.
14. Signs. Concessionaire shall be limited to placing a sign on the Kitchen only.
Concessionaire shall not place any sign, notice or advertising matter in or about the City's real
property, without the City's prior consent, which consent may be withheld for any reason. If
required by city code, Concessionaire shall obtain all necessary permits in connection with any
such signs.
15. General Provisions.
COML Council Packet 3-12-24, Page 75 of 142
15.1 Entire Agreement. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement and no prior
agreements shall be effective for any purpose.
15.2 Modification. No provision of this Agreement, including this provision,
may be amended or modified except by written agreement signed by the Parties.
15.3 Full force and Effect. Any provision of this Agreement, which is declared
invalid or illegal shall in no way, affect or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
15.4 Neither the Concessionaire nor the City shall have the right to transfer,
sublease, or in whole or in part, any or all of its obligation and rights hereunder without the prior
written consent of the other Party.
15.5 Successors in Interest. Subject to the foregoing Subsection, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their respective
successors in interest, heirs and assigns.
15.6 Attorney Fees. In the event either of the Parties defaults on the
performance of any terms of this Agreement or either Party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys'
fees, costs and expenses. The venue for any dispute related to this Agreement shall be Grant
County, Washington.
15.7 No Waiver. Failure or delay of the City to declare any breach or default
immediately upon occurrence shall not waive such breach or default. Failure of the City to declare
one breach or default does not act as a waiver of the City's right to declare another breach or
default.
15.8 Governing Law. This Agreement shall be made in and shall be governed
by and interpreted in accordance with the laws of the State of Washington.
15.9 Authority. Each individual executing this Agreement on behalf of the City
and concessionaire represents and warrants that such individuals are duly authorized to execute
and deliver this Agreement on behalf of the Concessionaire or the City.
15.10 Notices. Any notices required to be given by the Parties shall be delivered
at the addresses set forth below. Any notices may be delivered personally to the addressee of the
notice or may be deposited in the United States mail, postage repaid, to the address set forth
below. Any notice so posted in the United States mail shall be deemed received three (3) days
after the date of mailing.
15.11 Captions. The respective captions of the Sections of this Agreement are
inserted for convenience of reference only and shall not be deemed to modify or otherwise
affect any of the provisions of this Agreement.
15.12 Performance. Time is of the essence of this Agreement and each and all
of its provisions in which performance is a factor. Adherence to completion dates set forth in the
description of the Services is essential to the Concessionaire's performance of this Agreement.
COML Council Packet 3-12-24, Page 76 of 142
15.13 Remedies Cumulative. Any remedies provided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumulative with all other remedies
available to the City at law, in equity or by statute.
15.14 Counterparts. This Agreement may be executed in any number of
counterparts, which counterparts shall collectively constitute the entire Agreement.
15.15 Equal Opportunity to Draft. The parties have participated and had an equal
opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached.
No ambiguity shall be construed against any party upon a claim that that party drafted the
ambiguous language.
DATED the day and year set forth above.
Health Kick LLC d/b/a Blended
By: ___________________________ Colleen Seto CITY OF MOSES LAKE
By: _____________________________ Doug Coutts, Parks, Recreation & Cultural Services Director
610 W. Yakima Ave.
Moses Lake, WA 98837
COML Council Packet 3-12-24, Page 77 of 142
Exhibit A
In support of Agreement for City Park Concession Services
City of Moses Lake
Concessionaire: Colleen Seto
d/b/a Blended
Locations: Larson Recreation Center
610 W Yakima Ave, Moses Lake WA, 98837
Services to be Provided
Food and beverage services including but not limited to:
Smoothie bowls, acai smoothie bowls, and protein shakes.
COML Council Packet 3-12-24, Page 78 of 142
Exhibit B
In support of Agreement for City Park Concession Services Hours and Areas of Operation Larson Recreation Center Hours Monday-Friday: 6 a.m. - 9 p.m.
Saturday: 7 a.m. - 8 p.m.
Sunday: 10 a.m. - 6 p.m. Days Larson Recreation Center is closed: - May 29th - Memorial Day
- July 4th – 4th of July
- November 23rd – Thanksgiving - December 25th - Christmas Day
COML Council Packet 3-12-24, Page 79 of 142
Exhibit C
In support of Agreement for City Park Concession Services
Pricing
COML Council Packet 3-12-24, Page 80 of 142
COML Council Packet 3-12-24, Page 81 of 142
Exhibit D In support of Agreement for City Park Concession Services Kitchen Equipment Inventory
Larson Recreation Center Kitchen 1 Toaster Oven 1 Microwave 1 Heating Rack 1 3-sink washing station. 1 handwashing sink
1 1/3rd of fridge space 1 1/3rd of freezer space 1 ice dispenser 1 concession counter
COML Council Packet 3-12-24, Page 82 of 142
AGREEMENT FOR CITY PARK CONCESSION SERVICES
This Professional Services Agreement ("Agreement") is dated effective this 8th day of
May, 2024. The parties ("Parties") to this Agreement are the City of Moses Lake, a Washington
municipal corporation ("City"), and Jones Brand LLC, a Washington partnership.
A. The City seeks the professional services of a skilled independent contractor
capable of working without direct supervision, to provide food and beverage services to the
general public at the Larson Recreation Center.
B. The Concessionaire has the requisite skill and experience necessary to provide
such services.
NOW, THEREFORE, the Parties agree as follows:
1. Services.
Concessionaire shall provide services as set forth in Exhibit "A" attached hereto and
incorporated by this reference, at Blue Heron Park and Surf ‘n Slide Waterpark from kiosk’s
provided by the Concessionaire, located, in a manner consistent with the accepted practices for
other similar services, performed to the City's satisfaction, within the time period prescribed by
the City and pursuant to the direction of the City Manager or his designee.
1.1 Customer Service. Concessionaire and all of its employees, agents, or
representatives shall provide the highest quality of customer service and shall treat all customers
with courtesy and respect. Concessionaire shall honor all reasonable request for refunds including
requests from customers that are dissatisfied with any food, beverage or other product sold by
Concessionaire or from customers who have lost money in any vending machine owned by
Concessionaire.
1.2 Employee Appearance. All of Concessionaire's employees, agents,
representatives or licensees shall have a neat, clean and sanitary personal appearance and those
who come in direct contact with the public shall wear clothing or identification, which
distinguishes them as employees of Concessionaire.
1.3 Employee Training. Concessionaire shall provide a training program for
its employees, agents, or representatives for the development of the skills and techniques
necessary to perform its obligations under this Agreement including but not limited to promoting
customer service, product and service presentation, cleanliness, and positive attitude.
1.4 Staffing. The Kiosk’s shall be properly staffed in order to prevent undue
delay to the public. Concessionaire shall plan its staffing in advance and anticipate to the best of
its ability any events, such as holidays or special events, which may require additional staffing.
In the event the City determines in its sole discretion that Concessionaire is not adequately
staffing the Kiosk, it may notify Concessionaire of that fact and Concessionaire shall endeavor
to immediately increase its staffing to meet the City's recommendation.
Concessionaire understands that the services authorized under this Agreement may
involve concessionaire's personnel having unsupervised access to children under sixteen years of
COML Council Packet 3-12-24, Page 83 of 142
age, developmentally disabled persons, or vulnerable adults as those terms are defined in RCW
43.43.830. Concessionaire warrants and certifies that none of its personnel who will or may be
given such access shall have:
a.Been convicted of any offense against children or other persons, as defined in
RCW 43.43.830; or
b.Been convicted of any crimes related to financial exploitation, where the victim
was a vulnerable adult, as defined in RCW 43.43.830; or
c.Been adjudicated in any civil action to have committed child abuse, as defined in
RCW 43.43.830, or
d.Had a disciplinary board final decision rendered against them or has been
convicted of criminal charges associated with a disciplinary board final decision, as defined in
RCW 43.43.830.
Concessionaire shall be responsible for obtaining any necessary background checks of
personnel or volunteers in accordance with applicable provisions of state law, including but not
limited to those persons with unsupervised access to children or vulnerable persons (RCW
43.43.830 et seq.)
1.5 Hours and Areas of Operation. The Kiosk shall remain open during the
hours of operation set forth in Exhibit "B", unless the City notifies the Concessionaire of other
hours of operation, and such hours of operation shall be posted in a conspicuous place on the
Kiosk.
Concessionaire shall operate only at the locations identified herein, and shall not sell,
advertise, display or promote their products beyond these areas.
1.6 Pricing. All pricing of any food, beverage or other product as set forth in
Exhibit "C" attached hereto and incorporated by this reference, must be competitive and must be
approved in writing by the City. Concessionaire may not change any pricing without the City's
prior written consent, which consent may not be unreasonably withheld. Concessionaire shall
display a price list of goods sold in full view of the public at all times during the operation.
1.7 Products. All food, beverage or other products offered for sale by
Concessionaire to the public shall be approved in writing by the City prior to distribution or sale
of any such products. Concessionaire shall comply with any reasonable requests made by the
City to either add or eliminate certain types of food, beverage or other products.
At the Surf ‘n Slide location, Concessionaire shall only sell, shave ice, any similar
type product as determined by the City’s Parks Recreation and Cultural Services Director, or any
additional product mutually agreed upon in writing between Concessionaire and the Surf ‘n Slide
Main Concessionaire, Smulligan’s.
Concessionaire shall not sell any items in glass containers, and any items with shells (i.e.-
peanuts, sunflower seeds etc.) nor shall Concessionaire sell, display or distribute tobacco
products or alcoholic beverages of any kind. Concessionaire shall not sell, advertise, or distribute
any non-food items.
COML Council Packet 3-12-24, Page 84 of 142
2. Shave Ice Kiosks.
2.2 Location. Concessionaire shall be permitted to locate two (2) shave ice
Kiosks on the City’s property, the location of which is identified on Exhibit A, attached hereto
and incorporated herein. Concessionaire shall not make any alterations, additions or
improvements to the Kiosks without the City's prior written consent. In the event the City
consents to the making of any alterations, additions or improvements to the Kiosks, the same
shall be made at Concessionaire's sole cost and expense, and in the event such alterations,
additions or improvements are made to a structure, building or other improvement attached to the
real property, the same will become a part of the real property and be surrendered to the City
upon the termination of this Agreement. The City has no obligation to alter, remodel, improve,
repair, decorate or paint the Kiosks.
2.3 Removal of Kiosks. In the event the City notifies Concessionaire that it
desires the removal of any kiosks installed by and belonging to Concessionaire, at any time,
Concessionaire shall, at its sole cost and expense, remove such Kiosks equipment and repair any
damage to the real property caused by such removal within thirty (30) days.
2.4 Maintenance. Concessionaire shall, at its sole cost and expense, maintain
the Kiosks and Kiosks Equipment and the surrounding real property in good condition and repair,
including, but not limited to, maintaining the Kiosks and the area within a 100' radius from the
Kiosks, in a neat, clean and sanitary condition and removing all garbage, trash or other debris on
a regular basis pursuant to the City's instructions. Concessionaire shall provide for the regular
janitorial cleaning of the Kiosks. Concessionaire shall deposit all trash, garbage and/or debris for
the operation in the dumpster located at that site.
2.5 Damage to Property. If the Kiosks or any part thereof is damaged by any
cause other than the sole negligence of the City, its employees or agents, Concessionaire shall, at
its sole cost and expense, restore the Kiosks to a condition equivalent to or better than its condition
immediately prior to such damage.
2.6 City Reimbursement. In the event Concessionaire fails to remove the
Kiosks pursuant to paragraph 2.3, maintain the Kiosks or Equipment pursuant to paragraph 2.4,
or repair the Kiosks pursuant to paragraph 2.5, the City may, but in no event is the City obligated
to, remove the Kiosks or perform the maintenance or repair and the Concessionaire shall, upon
demand, immediately pay the City the costs and expenses of such removal, maintenance or repair.
In the event Concessionaire fails to comply with the terms of this paragraph, the City may
confiscate the Kiosks or any part thereof and sell the same, the proceeds of which sale will be
credited against any costs or expenses incurred by the City. The sale of the Kiosks shall not
constitute an election of remedies by the City but will be in addition to any remedies available to
the City at law, in equity, by statute or under this Agreement.
2.7 Utilities. Taxes and Expenses. Concessionaire shall pay all costs and
expenses associated with the operation of the Kiosks other than utility expenses for water and
power, which will be paid by the City. Concessionaire shall pay directly, before delinquency,
COML Council Packet 3-12-24, Page 85 of 142
any and all taxes levied or assessed upon its leasehold improvements, equipment, furniture,
fixtures and personal property located on the City's property.
3. Terms.
The term of this Agreement shall commence upon the effective date of this Agreement and
shall continue until the completion of the Services, but in any event no later than December 31,
2024, ("Term"). This Agreement may be extended for additional periods of time upon the mutual
written agreement of the City and the Concessionaire.
4. Termination.
Prior to the expiration of the Term, the City may terminate this Agreement immediately,
with or without cause and with a thirty (30) day notice.
5. Compensation.
5.1 Total Compensation. The Concessionaire agrees to pay the City an
amount equal to 15% of the Concessionaire's gross monthly revenue plus the applicable
Leasehold Excise Tax referenced in section 5.6, excluding state sales tax ("Percentage Payment").
The term "Gross Monthly Revenue" shall mean the total amount charged by
Concessionaire, its employees, agents, or licensees, for all goods and merchandise sold or services
performed, whether for cash or other consideration or on credit, and regardless of collections,
including but not limited to orders taken at the Kiosks but filled elsewhere and orders taken
elsewhere but filled at the Kiosks.
5.2 Payment Due Date. Concessionaire shall deliver the Percentage Payment
to the City on or before the 10th day of each month for Gross Monthly Revenue received during
the preceding month ("Due Date").
5.3 Access to Records. Concessionaire shall provide a written statement to
the City on the Due Date showing the total Gross Monthly Revenue for the preceding month
("Statement"). Concessionaire will provide the City or the City's agents or representative's
reasonable access to the books and records of Concessionaire for the purposes of auditing and
inspecting the same to verify the Statement. The records shall include documents from which
the original transaction entry was made, including sales slips, cash register tapes, and/or purchase
invoices. Concessionaire hereby authorizes the Tax Division of the State of Washington to release
to the City, a statement of receipts from sales and services made at this concession as filed during
the period of this contract.
5.4 Cash Register. All sales, other than sales from vending machines, shall be
recorded by a cash register, which display to the customer the amount of the sale and
automatically issue receipts certifying the transaction amount. The cash register shall be
equipped with devices which lock in sales totals, transaction records, produce duplicate audit
tape, contain counters which cannot be reset and which record the transaction numbers and sales
details on such tape. Any errors shall be noted by Concessionaire on the audit tape with an
explanation. Cash register readings shall be recorded by Concessionaire at the beginning and the
end of each business day.
COML Council Packet 3-12-24, Page 86 of 142
5.5 Late Fee. Concessionaire acknowledges that late payment to the City of
the Percentage Payment will cause the City to incur costs not contemplated by this Agreement,
the exact amount of which will be difficult to ascertain. Accordingly, if the Percentage Payment
is not received by the City on the Due Date, Concessionaire agrees to pay a late fee equal to
Twenty-Five and No/100 Dollars ($25.00).
5.6 Concessionaire Responsible for Taxes. The Concessionaire shall be solely
responsible for the payment and reporting of any taxes imposed by any lawful jurisdiction as a
result of the performance and payment of this Agreement; including, but not limited to, sales tax
and Leasehold Excise Tax, currently at a rate of 12.84 % of the percentage paid to the City.
6. Compliance with Laws.
Concessionaire shall comply with and perform the Services in accordance with all
applicable Federal, State, and City laws including, without limitation, all City codes, ordinances,
resolutions, standards and policies, as now existing or hereafter adopted or including but not
limited to the following:
(i) Federal, State and local health, safety and licensing laws relating to the sale of
concession goods; and
(ii) City code provisions requiring any person or entity doing business in the City to
obtain a business license.
(iii) Concessionaire shall hold a valid permit from the Grant County Health District if
food and/or beverages requiring such a permit are to be sold.
(iv) Concessionaire shall display the official Grant County Health District permit in
full view of the public at all times during the operation.
7. Warranty.
The Concessionaire warrants that it has the requisite training, skill and experience
necessary to provide the Services and is appropriately accredited and licensed by all applicable
agencies and governmental entities, including but not limited to being registered to do business
in the City of Moses Lake by obtaining a City of Moses Lake Business License.
8. Independent Contractor/Conflict of Interest.
It is the intention and understanding of the Parties that the Concessionaire shall be an
independent contractor and that the City shall be neither liable nor obligated to pay Concessionaire
sick leave, vacation pay or any other benefit of employment, nor to pay any social security or
other tax which may arise as an incident of employment. The Concessionaire shall pay all income
and other taxes as due. Industrial or any other insurance, which is purchased for the benefit of the
City, regardless of whether such may provide a secondary or incidental benefit to the
Concessionaire, shall not be deemed to convert this Agreement to an employment contract. It is
recognized that concessionaire may or will be performing professional services during the Term
for other parties; provided, however, that such performance of other services shall not conflict
with or interfere with Concessionaire's ability to perform the Services. Concessionaire agrees to
resolve any such conflicts of interest in favor of the City.
COML Council Packet 3-12-24, Page 87 of 142
9. Indemnification.
9.1 Contractor Indemnification. The Concessionaire agrees to indemnify,
defend, and hold the City, its elected officials, officers, employees, agents, and volunteers
harmless from any and all claims, demands, losses, actions and liabilities (including costs and all
attorney fees) to or by any and all persons or entities, including, without limitation, their
respective agents, licensees, or representatives, arising from, resulting from, or connected with
this Agreement to the extent caused by the negligent acts, errors or omissions of the
Concessionaire, its partners, shareholders, agents, employees, or by the Concessionaire's breach
of this Agreement. Concessionaire waives any immunity that may be granted to it under the
Washington State Industrial Insurance Act, Title 51 RCW. Concessionaire's indemnification shall
not be limited in any way by any limitation on the amount of damages, compensation or benefits
payable to or by any third party under workers' compensation acts, disability benefit acts or any
other benefits acts or programs.
9.2 Survival. The provisions of this Section shall survive the expiration or
termination of this Agreement with respect to any event occurring prior to such expiration or
termination.
10. Equal Opportunity Employer.
In all Concessionaire's activities, including the performance of the Services and all hiring
and employment made possible by or resulting from this Agreement, there shall be no
discrimination by Concessionaire or by Concessionaire's employees, agents, subcontractors or
representatives against any person because of sex, age (except minimum age and retirement
provisions), race, color, creed, national origin, marital status or the presence of any disability,
including sensory, mental or physical handicaps, unless based upon a bona fide occupational
qualification in relationship to hiring and employment,. This requirement shall apply, but not be
limited to the following: employment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. Concessionaire shall
not violate any of the terms of Chapter 49.60RCW, Title VII of the Civil Rights Act of 1964, the
Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 21973 or any other
applicable federal, state or local law or regulation regarding non-discrimination. Any material
violation of this provision shall be grounds for termination of this Agreement by the City and, in
the Case of the Concessionaire's breach, may result in ineligibility for further City agreements.
11. Confidentiality.
All information regarding the City obtained by Concessionaire in performance of this
Agreement shall be considered confidential. Breach of confidentiality by Concessionaire will be
grounds for immediate termination.
12. Insurance.
12. Insurance.
The Concessionaire agrees to carry as a minimum, the following insurance, in such forms
and with such carriers who have a rating, which is satisfactory to the City:
COML Council Packet 3-12-24, Page 88 of 142
12.1 Workers' compensation and employer's liability insurance in amounts sufficient
pursuant to the laws of the State of Washington;
12.2 Commercial general liability insurance with combined single limits of liability not
less than $2,000,000, a $2,000,000 aggregate for bodily injury, including personal injury or death, products liability and property damage, and $2,000,000 products-completed operations aggregate limit. 12.3 Automobile liability insurance with combined single limits of liability not less
than $1,000,000. For bodily injury, including personal injury or death and property damage.
The City shall be named as additional insured on all such insurance policies, with the
exception of workers' compensation coverage, and all policies shall be in excess of, and
noncontributory with, any insurance maintained by the City. Concessionaire shall provide
certificates of insurance, concurrent with the execution of this Agreement, evidencing such
coverage on an occurrence (and not claims made) basis, and, at City's request, furnish the City
with copies of all insurance policies and with evidence of payment of premiums or fees of such
policies. All insurance policies shall contain a clause of endorsement providing that they may
not be terminated or materially amended during the Term of this Agreement except after thirty
(30) days prior written notice to the City. Concessionaire's failure to maintain such insurance
policies shall be grounds for the City's immediate termination of this Agreement.
The provisions of this Section shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
13. Non-Exclusive Right. This Agreement does not grant Concessionaire an
exclusive right to distribute its products. The City reserves the right to grant to other persons or
entities any of the rights contained herein or otherwise.
14. Signs. Concessionaire shall be limited to placing a sign on the Kiosks only.
Concessionaire shall not place any sign, notice or advertising matter in or about the City's real
property, without the City's prior consent, which consent may be withheld for any reason. If
required by city code, Concessionaire shall obtain all necessary permits in connection with any
such signs.
15. General Provisions.
15.1 Entire Agreement. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement and no prior
agreements shall be effective for any purpose.
15.2 Modification. No provision of this Agreement, including this provision,
may be amended or modified except by written agreement signed by the Parties.
15.3 Full force and Effect. Any provision of this Agreement, which is declared
invalid or illegal shall in no way, affect or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
15.4 Neither the Concessionaire nor the City shall have the right to transfer,
sublease, or in whole or in part, any or all of its obligation and rights hereunder without the prior
written consent of the other Party.
COML Council Packet 3-12-24, Page 89 of 142
15.5 Successors in Interest. Subject to the foregoing Subsection, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their respective
successors in interest, heirs and assigns.
15.6 Attorney Fees. In the event either of the Parties defaults on the
performance of any terms of this Agreement or either Party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys'
fees, costs and expenses. The venue for any dispute related to this Agreement shall be Grant
County, Washington.
15.7 No Waiver. Failure or delay of the City to declare any breach or default
immediately upon occurrence shall not waive such breach or default. Failure of the City to declare
one breach or default does not act as a waiver of the City's right to declare another breach or
default.
15.8 Governing Law. This Agreement shall be made in and shall be governed
by and interpreted in accordance with the laws of the State of Washington.
15.9 Authority. Each individual executing this Agreement on behalf of the City
and concessionaire represents and warrants that such individuals are duly authorized to execute
and deliver this Agreement on behalf of the Concessionaire or the City.
15.10 Notices. Any notices required to be given by the Parties shall be delivered
at the addresses set forth below. Any notices may be delivered personally to the addressee of the
notice or may be deposited in the United States mail, postage repaid, to the address set forth
below. Any notice so posted in the United States mail shall be deemed received three (3) days
after the date of mailing.
15.11 Captions. The respective captions of the Sections of this Agreement are
inserted for convenience of reference only and shall not be deemed to modify or otherwise affect
any of the provisions of this Agreement.
15.12 Performance. Time is of the essence of this Agreement and each and all
of its provisions in which performance is a factor. Adherence to completion dates set forth in the
description of the Services is essential to the Concessionaire's performance of this Agreement.
15.13 Remedies Cumulative. Any remedies provided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumulative with all other remedies
available to the City at law, in equity or by statute.
15.14 Counterparts. This Agreement may be executed in any number of
counterparts, which counterparts shall collectively constitute the entire Agreement.
15.15 Equal Opportunity to Draft. The parties have participated and had an equal
opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached.
No ambiguity shall be construed against any party upon a claim that that party drafted the
ambiguous language.
COML Council Packet 3-12-24, Page 90 of 142
DATED the day and year set forth above.
Jones Brand LLC By: ___________________________
Robert Jones
CITY OF MOSES LAKE
By: _____________________________ Doug Coutts, Parks, Recreation & Cultural Services Director
610 W. Yakima Ave.
Moses Lake, WA 98837
COML Council Packet 3-12-24, Page 91 of 142
Exhibit A
In support of Agreement for City Park Concession Services
City of Moses Lake
Concessionaire: Jones Brand LLC
Locations:
Surf ‘n Slide Water Park, 401 4th Avenue
COML Council Packet 3-12-24, Page 92 of 142
Blue Heron Park, 111 Westshore Dr. NE
Services to be Provided
Food and beverage services including but not limited to:
Hawaiian Shave Ice
COML Council Packet 3-12-24, Page 93 of 142
Exhibit B
In support of Agreement for City Park Concession Services Hours and Areas of Operation Water Park Regular Hours 2024 Hours May 25 - 27, June 1, 2, 8, 9, 2024 11 a.m. to 6:30 p.m. May 28 - 31 June 3 - 7, 10, 2024* CLOSED (School in session) June 11 - August 27, 2024** 11 a.m. to 6:30 p.m. (Monday - Sunday) August 28 – 30, 2024 CLOSED (School in session)
August 31 - 2, 2024 11 a.m. to 6:30 p.m. Regular Season Schedule *PLEASE NOTE: Our season schedule follows the Moses Lake School District Schedule. The last day of school is planned for June 10, 2024, however this may change due to make-up snow days. We will update any changes to dates or hours on our website as well as our Moses Lake
Parks, Recreation & Cultural Services Facebook and Instagram pages. Irregular Season Schedule *PLEASE NOTE: On the weekend of July 12-14, 2024 the Moses Lake Manta Ray Swim team will be hosting their annual invitational swim meet. The facility will run on very limited public
schedule during the swim meet weekend. Public hours during swim meet weekend: Friday, July 12 11:00 am – 3:00 pm Saturday, July 13 4:00 – 8:00 pm
Sunday, July 14 4:00 – 8:00 pm
COML Council Packet 3-12-24, Page 94 of 142
Exhibit C
In support of Agreement for City Park Concession Services
Surf ‘n Slide Kiosk
Authentic Round Block Shave Ice
Kids $5.25
Regular $6.50
Large $8.25
*Toppings available for an additional cost.
Cotton Candy
Cotton Candy Bag $6.25
*Premade at approved commissary
Lemonade (regular and frozen) & flavored Drinks
Kids $5.00
Regular $6.25
Large $8.25
Blue Heron Kiosk
Authentic Round Block Shave Ice
Kids $5.25
Regular $6.50
Large $8.25
*Toppings available for an additional cost.
Cotton Candy & Kettle Corn
Cotton Candy Bag $6.25
Kettle Corn Bag $7.25
*Premade at approved commissary
Lemonade (regular and frozen) & flavored Drinks
Kids $5.00
Regular $6.25
Large $8.25
COML Council Packet 3-12-24, Page 95 of 142
Flavor Burst Ice Cream /Hard Ice Cream
Kids $6.25
Regular $7.75
*Pepsi Products (no coke per City agreement with Weinstein)
*Items dependent on space, power and water.
*Items at Surf ‘N Slide restricted to non-competitive items with main concession stand based on
opinion of PRCS Director. If both parties: Jones Brand LLC, and Small Eats Enterprises, LLC,
DBA Smulligan’s, come to a written agreement on additional items, and submit said list signed
by both parties to the PRCS Director, those additional items will be permitted.
COML Council Packet 3-12-24, Page 96 of 142
AGREEMENT FOR CITY PARK CONCESSION SERVICES
This Professional Services Agreement ("Agreement") is dated effective this 1st day of
April, 2023. The parties ("Parties") to this Agreement are the City of Moses Lake, a Washington
municipal corporation ("City"), and Small Eats Enterprises, LLC, DBA Smulligan’s, a
Washington partnership (“Concessionaire”).
A. The City seeks the professional services of a skilled independent contractor
capable of working without direct supervision, to provide food and beverage services to the
general public at the Larson Playfield, Paul Lauzier Athletic Complex and the Surf ‘n Slide
Water Park concession stands; and
B. The Concessionaire has the requisite skill and experience necessary to provide
such services.
NOW, THEREFORE, the Parties agree as follows:
1. Services.
Concessionaire shall provide services as set forth in Exhibit "A" attached hereto and
incorporated by this reference, at the Larson Playfield, Paul Lauzier Athletic Complex and Surf
‘n Slide Water Park concession stands ("Concession Stands") located, in a manner consistent with
the accepted practices for other similar services, performed to the City's satisfaction, within the
time period prescribed by the City and pursuant to the direction of the City Manager or his
designee.
1.1 Customer Service. Concessionaire and all of its employees, agents, or
representatives shall provide the highest quality of customer service and shall treat all customers
with courtesy and respect. Concessionaire shall honor all reasonable request for refunds including
requests from customers that are dissatisfied with any food, beverage or other product sold by
Concessionaire or from customers who have lost money in any vending machine owned by
Concessionaire.
1.2 Employee Appearance. All of Concessionaire's employees, agents,
representatives or licensees shall have a neat, clean and sanitary personal appearance and those
who come in direct contact with the public shall wear clothing or identification, which
distinguishes them as employees of Concessionaire.
1.3 Employee Training. Concessionaire shall provide a training program for
its employees, agents, or representatives for the development of the skills and techniques
necessary to perform its obligations under this Agreement including but not limited to promoting
customer service, product and service presentation, cleanliness, and positive attitude.
1.4 Staffing. The Concession Stands shall be properly staffed in order to
prevent undue delay to the public. Concessionaire shall plan its staffing in advance and anticipate
to the best of its ability any events, such as holidays or special events, which may require
additional staffing. In the event the City determines in its sole discretion that Concessionaire is
not adequately staffing the Concession Stands, it may notify Concessionaire of that fact and
COML Council Packet 3-12-24, Page 97 of 142
Concessionaire shall endeavor to immediately increase its staffing to meet the City's
recommendation.
Concessionaire understands that the services authorized under this Agreement may
involve concessionaire's personnel having unsupervised access to children under sixteen years of
age, developmentally disabled persons, or vulnerable adults as those terms are defined in RCW
43.43.830. Concessionaire warrants and certifies that none of its personnel who will or may be
given such access shall have:
a. Been convicted of any offense against children or other persons, as defined in
RCW 43.43.830; or
b. Been convicted of any crimes related to financial exploitation, where the victim
was a vulnerable adult, as defined in RCW 43.43.830; or
c. Been adjudicated in any civil action to have committed child abuse, as defined in
RCW 43.43.830, or
d. Had a disciplinary board final decision rendered against them or has been
convicted of criminal charges associated with a disciplinary board final decision, as defined in
RCW 43.43.830.
Concessionaire shall be responsible for obtaining any necessary background checks of
personnel or volunteers in accordance with applicable provisions of state law, including but not
limited to those persons with unsupervised access to children or vulnerable persons (RCW
43.43.830 et seq.)
1.5 Hours and Areas of Operation. The Concession Stands shall remain open
during the hours of operation set forth in Exhibit "B", unless the City notifies the Concessionaire
of other hours of operation, and such hours of operation shall be posted in a conspicuous place
on the Concession Stands.
Concessionaire shall operate only at the locations identified herein, and shall not sell,
advertise, display or promote their products beyond these areas.
1.6 Pricing. All pricing of any food, beverage or other product as set forth in
Exhibit "C" attached hereto and incorporated by this reference, must be competitive and must be
approved in writing by the City. Concessionaire may not change any pricing without the City's
prior written consent, which consent may not be unreasonably withheld. Concessionaire shall
display a price list of goods sold in full view of the public at all times during the operation.
1.7 Products. All food, beverage or other products offered for sale by
Concessionaire to the public shall be approved in writing by the City prior to distribution or sale
of any such products. Concessionaire shall comply with any reasonable requests made by the
City to either add or eliminate certain types of food, beverage or other products. Concessionaire
shall comply with the City's existing, exclusive soft drink agreement. Concessionaire shall be
contractually obligated to sell exclusive product during all hours of operation.
Concessionaire shall not sell at the Surf ‘n Slide location, shave ice, any similar
type product as determined by the City’s Parks Recreation and Cultural Services Director, or any
COML Council Packet 3-12-24, Page 98 of 142
additional product mutually agreed upon between Concessionaire and the Surf ‘n Slide Shave Ice
Concessionaire, Jones Brand LLC.
Concessionaire shall not sell any items in glass containers, and any items with shells (i.e.-
peanuts, sunflower seeds etc.) nor shall Concessionaire sell, display or distribute tobacco
products or alcoholic beverages of any kind. Concessionaire shall not sell, advertise, or distribute
any non-food items.
2. Concession Equipment,
2.1 Delivery. The City agrees to allow Concessionaire the use of existing
concession equipment, as set forth in Exhibit “D,” located in each concession location.
Concessionaire shall be responsible for the maintenance, repair and/or replacement of the
Concession Equipment at Concessionaire's sole cost and expense. Concessionaire shall comply
with all applicable regulations regarding the use and maintenance of the commercial hood vents
and suppression systems. All required inspections and cleanings of the commercial hood vents
and suppression systems shall be arranged by the City at City's sole cost and expense.
2.2 Alterations. Concessionaire shall not make any alterations, additions or
improvements to the Concession Stands or to the Concession Equipment without the City's prior
written consent. In the event the City consents to the making of any alterations, additions or
improvements to the Concession Stands and/or Concession Equipment, the same shall be made
at Concessionaire's sole cost and expense, and in the event such alterations, additions or
improvements are made to a structure, building or other improvement attached to the real
property, the same will become a part of the real property and be surrendered to the City upon
the termination of this Agreement. The City has no obligation to alter, remodel, improve, repair,
decorate or paint the Concession Stands.
2.3 Removal of Equipment. In the event the City notifies Concessionaire that
it desires the removal of any concession equipment installed by and belonging to Concessionaire,
at any time, Concessionaire shall, at its sole cost and expense, remove such concession equipment
and repair any damage to the real property caused by such removal within thirty (30) days.
2.4 Maintenance. Concessionaire shall, at its sole cost and expense, maintain
the Concession Stands and Concession Equipment and the surrounding real property in good
condition and repair, including, but not limited to, maintaining the Concession Stands and the
area within a 100' radius from the Concession Stands, in a neat, clean and sanitary condition and
removing all garbage, trash or other debris on a regular basis pursuant to the City's instructions.
Concessionaire shall provide for the regular janitorial cleaning of the Concession Stands.
Concessionaire shall deposit all trash, garbage and/or debris for the operation in the dumpster
located at that site.
Upon termination and/or expiration of this Agreement, Concessionaire shall leave the
Concession Stands and Concession Equipment in the same or better condition as existed on the
date of commencement of this Agreement.
COML Council Packet 3-12-24, Page 99 of 142
2.5 Damage to Concession Stands. If the Concession Stands or any part
thereof is damaged by any cause other than the sole negligence of the City, its employees or
agents, Concessionaire shall, at its sole cost and expense, restore the Concession Stands to a
condition equivalent to or better than its condition immediately prior to such damage.
2.6 City Reimbursement. In the event Concessionaire fails to remove the
Concession Equipment pursuant to paragraph 2.3, maintain the Concession Stands or Equipment
pursuant to paragraph 2.4, or repair the Concession Stands pursuant to paragraph 2.5, the City
may, but in no event is the City obligated to, remove the Concession Equipment or perform the
maintenance or repair and the Concessionaire shall, upon demand, immediately pay the City the
costs and expenses of such removal, maintenance or repair. In the event Concessionaire fails to
comply with the terms of this paragraph, the City may confiscate the Concession Equipment or
any part thereof and sell the same, the proceeds of which sale will be credited against any costs
or expenses incurred by the City. The sale of the Concession Equipment shall not constitute an
election of remedies by the City but will be in addition to any remedies available to the City at
law, in equity, by statute or under this Agreement.
2.7 Utilities. Taxes and Expenses. Concessionaire shall pay all costs and
expenses associated with the operation of the Concession Stands other than utility expenses for
water and power, which will be paid by the City. Concessionaire shall pay directly, before
delinquency, any and all taxes levied or assessed upon its leasehold improvements, equipment,
furniture, fixtures and personal property located on the City's property.
3. Terms.
The term of this Agreement shall commence upon the effective date of this Agreement and
shall continue until the completion of the Services, but in any event no later than December 31,
2024, ("Term"). This Agreement may be extended for additional periods of time upon the mutual
written agreement of the City and the Concessionaire.
4. Termination.
Prior to the expiration of the Term, the City may terminate this Agreement immediately,
with or without cause and with a thirty (30) day notice.
5. Compensation.
5.1 Total Compensation. The Concessionaire agrees to pay the City an
amount equal to 15% of the Concessionaire's gross monthly revenue plus the applicable
Leasehold Excise Tax referenced in section 5.6, excluding state sales tax ("Percentage Payment").
The term "Gross Monthly Revenue" shall mean the total amount charged by
Concessionaire, its employees, agents, or licensees, for all goods and merchandise sold or services
performed, whether for cash or other consideration or on credit, and regardless of collections,
including but not limited to orders taken at the Concession Stands but filled elsewhere and orders
taken elsewhere but filled at the Concession Stands.
COML Council Packet 3-12-24, Page 100 of 142
5.2 Payment Due Date. Concessionaire shall deliver the Percentage Payment
to the City on or before the 10th day of each month for Gross Monthly Revenue received during
the preceding month ("Due Date").
5.3 Access to Records. Concessionaire shall provide a written statement to
the City on the Due Date showing the total Gross Monthly Revenue for the preceding month
("Statement"). Concessionaire will provide the City or the City's agents or representative's
reasonable access to the books and records of Concessionaire for the purposes of auditing and
inspecting the same to verify the Statement. The records shall include documents from which
the original transaction entry was made, including sales slips, cash register tapes, and/or purchase
invoices. Concessionaire hereby authorizes the Tax Division of the State of Washington to release
to the City, a statement of receipts from sales and services made at this concession as filed during
the period of this contract.
5.4 Cash Register. All sales, other than sales from vending machines, shall be
recorded by a cash register, which display to the customer the amount of the sale and
automatically issue receipts certifying the transaction amount. The cash register shall be
equipped with devices which lock in sales totals, transaction records, produce duplicate audit
tape, contain counters which cannot be reset and which record the transaction numbers and sales
details on such tape. Any errors shall be noted by Concessionaire on the audit tape with an
explanation. Cash register readings shall be recorded by Concessionaire at the beginning and the
end of each business day.
5.5 Late Fee. Concessionaire acknowledges that late payment to the City of
the Percentage Payment will cause the City to incur costs not contemplated by this Agreement,
the exact amount of which will be difficult to ascertain. Accordingly, if the Percentage Payment
is not received by the City on the Due Date, Concessionaire agrees to pay a late fee equal to
Twenty-Five and No/100 Dollars ($25.00).
5.6 Concessionaire Responsible for Taxes. The Concessionaire shall be solely
responsible for the payment and reporting of any taxes imposed by any lawful jurisdiction as a
result of the performance and payment of this Agreement; including, but not limited to, sales tax
and Leasehold Excise Tax, currently at a rate of 12.84 % of the percentage paid to the City.
6. Compliance with Laws.
Concessionaire shall comply with and perform the Services in accordance with all
applicable Federal, State, and City laws including, without limitation, all City codes, ordinances,
resolutions, standards and policies, as now existing or hereafter adopted or including but not
limited to the following:
(i) Federal, State and local health, safety and licensing laws relating to the sale of
concession goods; and
(ii) City code provisions requiring any person or entity doing business in the City to
obtain a business license.
(iii) Concessionaire shall hold a valid permit from the Grant County Health District if
food and/or beverages requiring such a permit are to be sold.
COML Council Packet 3-12-24, Page 101 of 142
(iv) Concessionaire shall display the official Grant County Health District permit in
full view of the public at all times during the operation.
7. Warranty.
The Concessionaire warrants that it has the requisite training, skill and experience
necessary to provide the Services and is appropriately accredited and licensed by all applicable
agencies and governmental entities, including but not limited to being registered to do business
in the City of Moses Lake by obtaining a City of Moses Lake Business License.
8. Independent Contractor/Conflict of Interest.
It is the intention and understanding of the Parties that the Concessionaire shall be an
independent contractor and that the City shall be neither liable nor obligated to pay Concessionaire
sick leave, vacation pay or any other benefit of employment, nor to pay any social security or
other tax which may arise as an incident of employment. The Concessionaire shall pay all income
and other taxes as due. Industrial or any other insurance, which is purchased for the benefit of the
City, regardless of whether such may provide a secondary or incidental benefit to the
Concessionaire, shall not be deemed to convert this Agreement to an employment contract. It is
recognized that concessionaire may or will be performing professional services during the Term
for other parties; provided, however, that such performance of other services shall not conflict
with or interfere with Concessionaire's ability to perform the Services. Concessionaire agrees to
resolve any such conflicts of interest in favor of the City.
9. Indemnification.
9.1 Contractor Indemnification. The Concessionaire agrees to indemnify,
defend, and hold the City, its elected officials, officers, employees, agents, and volunteers
harmless from any and all claims, demands, losses, actions and liabilities (including costs and all
attorney fees) to or by any and all persons or entities, including, without limitation, their
respective agents, licensees, or representatives, arising from, resulting from, or connected with
this Agreement to the extent caused by the negligent acts, errors or omissions of the
Concessionaire, its partners, shareholders, agents, employees, or by the Concessionaire's breach
of this Agreement. Concessionaire waives any immunity that may be granted to it under the
Washington State Industrial Insurance Act, Title 51 RCW. Concessionaire's indemnification shall
not be limited in any way by any limitation on the amount of damages, compensation or benefits
payable to or by any third party under workers' compensation acts, disability benefit acts or any
other benefits acts or programs.
9.2 Survival. The provisions of this Section shall survive the expiration or
termination of this Agreement with respect to any event occurring prior to such expiration or
termination.
10. Equal Opportunity Employer.
In all Concessionaire's activities, including the performance of the Services and all hiring
and employment made possible by or resulting from this Agreement, there shall be no
discrimination by Concessionaire or by Concessionaire's employees, agents, subcontractors or
representatives against any person because of sex, age (except minimum age and retirement
COML Council Packet 3-12-24, Page 102 of 142
provisions), race, color, creed, national origin, marital status or the presence of any disability,
including sensory, mental or physical handicaps, unless based upon a bona fide occupational
qualification in relationship to hiring and employment,. This requirement shall apply, but not be
limited to the following: employment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. Concessionaire shall
not violate any of the terms of Chapter 49.60RCW, Title VII of the Civil Rights Act of 1964, the
Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 21973 or any other
applicable federal, state or local law or regulation regarding non-discrimination. Any material
violation of this provision shall be grounds for termination of this Agreement by the City and, in
the Case of the Concessionaire's breach, may result in ineligibility for further City agreements.
11.Confidentiality.
All information regarding the City obtained by Concessionaire in performance of this
Agreement shall be considered confidential. Breach of confidentiality by Concessionaire will be
grounds for immediate termination.
12. Insurance.
The Concessionaire agrees to carry as a minimum, the following insurance, in such forms
and with such carriers who have a rating, which is satisfactory to the City:
12.1 Workers' compensation and employer's liability insurance in amounts sufficient
pursuant to the laws of the State of Washington;
12.2 Commercial general liability insurance with combined single limits of liability not less than $2,000,000, a $2,000,000 aggregate for bodily injury, including personal injury or death, products liability and property damage, and $2,000,000 products-completed operations
aggregate limit.
12.3 Automobile liability insurance with combined single limits of liability not less
than $1,000,000. For bodily injury, including personal injury or death and property damage.
The City shall be named as additional insured on all such insurance policies, with the
exception of workers' compensation coverage, and all policies shall be in excess of, and
noncontributory with, any insurance maintained by the City. Concessionaire shall provide
certificates of insurance, concurrent with the execution of this Agreement, evidencing such
coverage on an occurrence (and not claims made) basis, and, at City's request, furnish the City
with copies of all insurance policies and with evidence of payment of premiums or fees of such
policies. All insurance policies shall contain a clause of endorsement providing that they may
not be terminated or materially amended during the Term of this Agreement except after thirty
(30) days prior written notice to the City. Concessionaire's failure to maintain such insurance
policies shall be grounds for the City's immediate termination of this Agreement.
The provisions of this Section shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
13.Non-Exclusive Right. This Agreement does not grant Concessionaire an
exclusive right to distribute its products. The City reserves the right to grant to other persons or
entities any of the rights contained herein or otherwise.
COML Council Packet 3-12-24, Page 103 of 142
14. Signs. Concessionaire shall be limited to placing a sign on the Concession Stands
only. Concessionaire shall not place any sign, notice or advertising matter in or about the City's
real property, without the City's prior consent, which consent may be withheld for any reason. If
required by city code, Concessionaire shall obtain all necessary permits in connection with any
such signs.
15. General Provisions.
15.1 Entire Agreement. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement and no prior
agreements shall be effective for any purpose.
15.2 Modification. No provision of this Agreement, including this provision,
may be amended or modified except by written agreement signed by the Parties.
15.3 Full force and Effect. Any provision of this Agreement, which is declared
invalid or illegal shall in no way, affect or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
15.4 Neither the Concessionaire nor the City shall have the right to transfer,
sublease, or in whole or in part, any or all of its obligation and rights hereunder without the prior
written consent of the other Party.
15.5 Successors in Interest. Subject to the foregoing Subsection, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their respective
successors in interest, heirs and assigns.
15.6 Attorney Fees. In the event either of the Parties defaults on the
performance of any terms of this Agreement or either Party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys'
fees, costs and expenses. The venue for any dispute related to this Agreement shall be Grant
County, Washington.
15.7 No Waiver. Failure or delay of the City to declare any breach or default
immediately upon occurrence shall not waive such breach or default. Failure of the City to declare
one breach or default does not act as a waiver of the City's right to declare another breach or
default.
15.8 Governing Law. This Agreement shall be made in and shall be governed
by and interpreted in accordance with the laws of the State of Washington.
15.9 Authority. Each individual executing this Agreement on behalf of the City
and concessionaire represents and warrants that such individuals are duly authorized to execute
and deliver this Agreement on behalf of the Concessionaire or the City.
15.10 Notices. Any notices required to be given by the Parties shall be
delivered at the addresses set forth below. Any notices may be delivered personally to the
addressee of the notice or may be deposited in the United States mail, postage repaid, to the
address set forth below. Any notice so posted in the United States mail shall be deemed received
three (3) days after the date of mailing.
COML Council Packet 3-12-24, Page 104 of 142
15.11 Captions. The respective captions of the Sections of this Agreement are
inserted for convenience of reference only and shall not be deemed to modify or otherwise affect
any of the provisions of this Agreement.
15.12 Performance. Time is of the essence of this Agreement and each and all
of its provisions in which performance is a factor. Adherence to completion dates set forth in the
description of the Services is essential to the Concessionaire's performance of this Agreement.
15.13 Remedies Cumulative. Any remedies provided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumulative with all other remedies
available to the City at law, in equity or by statute.
15.14 Counterparts. This Agreement may be executed in any number of
counterparts, which counterparts shall collectively constitute the entire Agreement.
15.15 Equal Opportunity to Draft. The parties have participated and had an equal
opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached.
No ambiguity shall be construed against any party upon a claim that that party drafted the
ambiguous language.
DATED the day and year set forth above.
Small Eats Enterprises, LLC, DBA Smulligan’s,
By: ___________________________ Warren Small, partner
By: ____________________________ Cynthia Small, partner
CITY OF MOSES LAKE
By: _____________________________ Doug Coutts, Parks, Recreation & Cultural Services Director 610 W. Yakima Ave.
Moses Lake, WA 98837
COML Council Packet 3-12-24, Page 105 of 142
Exhibit A
In support of Agreement for City Park Concession Services
City of Moses Lake
Concessionaire: Small Eats Enterprises, LLC, DBA Smulligan’s,
Locations: Larson Playfield, 2501 W. Broadway
Paul Lauzier Athletic Complex, 933 Central Drive
Surf ‘n Slide Water Park, 401 4th Avenue
Services to be Provided
Food and beverage services including but not limited to:
Pepsi branded non-alcoholic beverages, waters, etc.
Assorted hot and cold food items
COML Council Packet 3-12-24, Page 106 of 142
Exhibit B
In support of Agreement for City Park Concession Services Hours and Areas of Operation GENERAL INFORMATION
Tournaments shall receive top priority concession services and league play shall be secondary and at the discretion of the concessionaire. Specific tournament schedules will be available the Monday afternoon before weekend tournament play. Please contact Moses Lake Parks &
Recreation office at 764-3806 or email fziemer@cityofml.com for game times and locations.
Paul Lauzier Athletic Complex and Larson Playfield are typically scheduled for regular use during weekday evenings from 4:00 – 10:00 pm and all day on weekends. Below is a list of activities that are currently scheduled at these facilities:
TOURNAMENTS
Date Event
April 13 - 14, 2024 Adult Slow-pitch Tournament
May 4 - 5, 2024 Adult Slow-pitch Tournament
May 18, 2024 WIAA Regional Baseball
May 16 - 19, 2024 Senior Softball
May 25 - 26, 2024 Adult Slow-pitch Tournament
June 7 - 9, 2024 Youth Baseball
June 14 – 16, 2024 Pete Doumit Memorial Tournament
July 6 – 7, 2024 Adult Slow-pitch Tournament
July 12 - 14, 2024 Legion Baseball Tournament
July 12 – 14, 2024 USA State Softball Tournament
July 20 – 21, 2024 Dessert Diamond Series Baseball
COML Council Packet 3-12-24, Page 107 of 142
LEAGUES Columbia Basin Girls Softball April – May, 2024 Larson Moses Lake Youth Baseball April 08 – May, 2024 Lauzier & Larson Men’s League Softball May – July, 2024 Lauzier Women’s League Softball June – July, 2024 Lauzier
Coed Softball July – August 30, 2024 Lauzier
Water Park Regular Hours 2024 Hours May 25 - 27, June 1, 2, 8, 9, 2024 11 a.m. to 6:30 p.m. May 28 - 31 June 3 - 7, 10, 2024* CLOSED (School in session)
June 11 - August 27, 2024** 11 a.m. to 6:30 p.m. (Monday - Sunday)
August 28 – 30, 2024 CLOSED (School in session) August 31 - 2, 2024 11 a.m. to 6:30 p.m. Regular Season Schedule *PLEASE NOTE: Our season schedule follows the Moses Lake School District Schedule. The
last day of school is planned for June 10, 2024, however this may change due to make-up snow
days. We will update any changes to dates or hours on our website as well as our Moses Lake Parks, Recreation & Cultural Services Facebook and Instagram pages. Irregular Season Schedule
*PLEASE NOTE: On the weekend of July 12-14, 2024 the Moses Lake Manta Ray Swim team
will be hosting their annual invitational swim meet. The facility will run on very limited public schedule during the swim meet weekend. Public hours during swim meet weekend:
Friday, July 12 11:00 am – 3:00 pm
Saturday, July 13 4:00 – 8:00 pm Sunday, July 14 4:00 – 8:00 pm
Date Event
August 8 – 4, 2024 Baseball Tournament
COML Council Packet 3-12-24, Page 108 of 142
Exhibit C
In support of Agreement for City Park Concession Services
Aquatic Center
Cheeseburger and fries $12.45
Cheeseburger deluxe and fries $13.95
Hot dog and fries $7.95
French fries $4.95
Cheese fries $6.95
Loaded bacon fries $9.95
Chicken tenders and fries $8.95
Mini corndogs and fries $8.95
Pretzel braid with cheese $6.95
Chips and cheese $7.95
Candy bars $2.95
Chips $1.50-2.00
Bottle of water $3.50
Bottle of soda $3.95
Bottle of Gatorade $4.50
Energy drink TBD
Juice TBD
Soft serve ice cream Sm TBD
Lg TBD
Dole whip TBD
Root beer float $5.95
Pizza by the slice Cheese $6.95
Pepperoni $6.95
Hawaiian $6.95
Ice cream bar $2.95
Popcorn TBD
We are looking at a machine that would take hard ice cream and mix in
various fruits, nuts, candy, cereals, etc. to make an ice cream treat similar to a DQ Blizzard. Don’t
know yet if this is something that we would put in the stand or not yet.
Larsen Field
Cheeseburger and fries $12.45
Cheeseburger deluxe and fries $13.95
Hot dog and fries $7.95
French fries $4.95
Cheese fries $6.95
Loaded bacon fries $9.95
Chicken tenders and fries $8.95
COML Council Packet 3-12-24, Page 109 of 142
Mini corndogs and fries $8.95
Pretzel braid with cheese $6.95
Chips and cheese $7.95
Candy bars $2.95
Chips $1.50-2.00
Bottle of water $3.50
Bottle of soda $3.95
Bottle of Gatorade $4.50
Energy drink TBD
Juice TBD
Ice cream bar $2.95
Popcorn TBD
Lauzier Field
Cheeseburger and fries $12.45
Cheeseburger deluxe and fries $13.95
Hot dog and fries $7.95
French fries $4.95
Cheese fries $6.95
Loaded bacon fries $9.95
Chicken tenders and fries $8.95
Mini corndogs and fries $8.95
Pretzel braid with cheese $6.95
Chips and cheese $7.95
Candy bars $2.95
Chips $1.50-2.00
Bottle of water $3.50
Bottle of soda $3.95
Bottle of Gatorade $4.50
Energy drink TBD
Juice TBD
Ice cream bar $2.95
Shave ice TBD
Popcorn TBD
Possible menu items if we have early morning tournaments or games for breakfast
Biscuits and gravy TBD
Sausage breakfast sandwich TBD
COML Council Packet 3-12-24, Page 110 of 142
Exhibit D In support of Agreement for City Park Concession Services Concession Equipment Inventory
Surf n Slide Water Park 1 36” Star Max Flat Grill 1 Star Max Double Basket Deep Fryer 1 Nacho Chip Warmer 1 Nemco Hot Holding Warmer 1 Cretor Popcorn Popper w/Oil Pump
4 Microwave Ovens 1 Hoshizaki America Prep Refrigerator w/Cutting Board 2 Stainless Steel Prep Tables 1 Marshall Warming Oven 1 True Half Height Refrigerator 1 Hoshizaki America Half Height Freezer 1 Stoelting Ice Cream Machine (double flavor) 1 Nacho Cheese Dispenser/Warming Unit 1 Frigo Granita Refrigerated Slush Puppy Dispenser 1 Gold Medal Hot Dog Roller/Cooker 1 Shavatron Ice Block Shaver
1 True Full Sized Freezer w/Double Doors 1 True Full Sized Refrigerator w/Single Door 1 True Full Sized Refrigerator w/Single Door Larson Playfield 1 Thelma’s Lemonade Machine (refrigerated)
1 Cretor’s Popcorn Machine 1 Star 24” Flat Grill 1 Wells Char-Grill 18” 1 Wells Double Basket Deep Fryer 2 Microwaves 1 Nacho Warmer 1 Pretzel Warmer 1 White-Westinghouse Full Sized Freezer 1 Manitowoc Full Sized Refrigerator Lauzier Athletic Complex 1 True Half-Height Refrigerator w/Glass Doors 1 Cretor’s Popcorn Machine w/Oil Pump 1 Nacho Chip Warmer
2 Microwaves 1 Bunn Coffee Machine 1 Star 24” Char-Grill
1 APW Wyott 36’ Flat Grill 1 Star Double Basket Deep Fryer 1 Good Humor Horizontal Freezer
1 True Full Sized Freezer w/Double Doors 1 Frigidaire Full Sized Freezer
COML Council Packet 3-12-24, Page 111 of 142
COML Packet 3-12-24
Consent item i.Laguna Park Short Plat Developer Agreement
Pulled from agenda – formerly pg 112-121
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:
Mayor and City Council 14924
Kevin Fuhr, City Manager Administration
3/12/2024 Consent Agenda
Moses Lake Municipal Airport Lease Rate Increase
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Action Requested
Request that the Council adopt the new lease rates.
Packet Attachments (if any):
Airport Lease
Overview
In 2023, the City contracted with CBRE to obtain the fair market value of the Moses Lake Municipal Airport to
determine the appropriate lease rate for the property. The appraisal revealed that the property is valued at
$0.18 per square foot. After receiving the new lease rate, staff sent out revised 2024 leases including the new
rate. Many lease holders complained about the new lease rate and refused to sign the new leases. While the
non-commercial lease holders rate only went up approximately $0.04 from $0.1392 to $0.18, commercial lease
holders saw an increase of just over $0.10 from $0.0759 to $0.18.
After meeting with the city council in executive session on February 27, 2024, and receiving direction on the
leases, I met with the Moses Lake Municipal Airport Commission at their monthly meeting on March 7, 2024.
The lease rate discussion was on the commissioner's agenda and we spoke about the lease rate increase and
the need to obtain funding for their operation and maintenance budget. Ultimately the commission voted to
approve the $0.04 lease rate increase for non-commercial and commercial lease holders. The new lease rate
for non-commercial lease holders will be $0.18 per square foot and commercial lease holders will increase to
$0.1159.
Attached is the addendum to the 2024 lease defining the increase in the rate.
Fiscal and Policy Implications
The lease rate increase will ultimately increase the MLMA operations budget for 2024.
Options and Results
COML Council Packet 3-12-24, Page 122 of 142
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The new lease rate will be implemented.
Staff will bring back options for recommended changes.
Do not approve the rate increase.
COML Council Packet 3-12-24, Page 123 of 142
FIRST ADDENDUM TO AIRPORT AGREEMENT FOR LEASE OF SPACE ON THE MOSES LAKE MUNICIPAL AIRPORT
This First Addendum to the Airport Agreement for Lease of Space on the Moses Lake Municipal Airport dated ######## (herein, “Agreement”) is made and entered into effective ________________, 2024, (“Effective Date”) by and between ENTER LESSEE NAME HERE, (“Lessee”), and the City of Moses
Lake, Washington, a municipal corporation (“the City” or “Lessor”).
In consideration of the mutual promises and obligations set forth herein, the parties agree to amend the Agreement as follows:
1.Section 4 titled “Cost of Space and Utilities”, is amended as follows:
Beginning January 1, 2024 the cost for leasing the property shall be 11.59 cents ($0.1159) per
square foot of parcel per year for commercial properties and 18.0 cents ($.18) 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, (herein, “CPI”) as reported by the U. S. Department of Labor.
In consideration of the large rate increase required in 2024 to meet fair market value lease
pricing, the City will spread the required rate increase of 10.41 cents ($0.1041) over two years,
not including the annual CPI increase. The 2025 commercial lease rate will increase by 4.0 cents
($0.04) plus CPI. In 2026, the rate will increase by 2.41 cents ($0.0241) plus CPI.
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.
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.
All other provisions of the Agreement shall remain in effect.
In Witness Whereof, the parties hereto execute the Addendum to be effective on the Effective Date stated above.
LESSOR LESSEE
________________________________ ________________________________ By: Kevin Fuhr, City Manager By: LESSEE NAME
COML Council Packet 3-12-24, Page 124 of 142
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 14915
Kirsten Peterson, Director Community Development
3/12/2024 Old Business
Mobile Food Vendors and Food Courts Ordinance
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Review the draft ordinance pertaining to mobile food vendor and food court regulations, and either
adopt with changes as discussed during the meeting or provide direction to staff to modify and
continue review of the ordinance at a future City Council meeting.
02 Food Truck Regulations.docx 45.4KB
COML Council Packet 3-12-24, Page 125 of 142
Overview
During the City Council study session held on February 27, 2024, staff presented amendments to the
existing regulations pertaining to mobile food vendors, and also presented proposed language for the
regulation of food courts. Based on the feedback received at that meeting, revisions have been made
and incorporated into the attached draft ordinance.
At present, the mobile food vendor regulations are located within Chapter 5.07 of the Moses Lake
Municipal Code (MLMC). The attached ordinance includes revisions to this chapter. Language
proposed for deletion/modification is depicted with a strikethrough. New language proposed to be
added, is depicted as underlined.
The revisions to the code are summarized as follows:
· 5.07.020 - Addition of definitions for the terms “food court” and “tent”.
· 5.07.030 - Clarification to the exemptions for fruit stands, etc, and for “Limited Special Event
vending” (which refers to temporary events on private property).
· 5.07.040 - Clarification to the application requirements for a solo food vendor, including:
- Timing of application submittal;
- Submittal materials to include copy of approved Operations Permit from the Fire Department, and
a signed agreement from the property owner;
- Clarification on site plan requirements regarding distance, reducing the setback from 20 feet to 5
feet from the public ROW, and with a requirement to meet site triangle requirements, and to keep the
vending window facing away from the ROW;
- Specifications for electrical service connections; and
- Compliance with noise ordinance.
· 5.07.060 – Reference to fees associated with food court applications.
· 5.07.080 – Addition of other applicable State adopted codes.
· 5.07.090 – The existing standards for mobile food vendors have been updated, and new standards
have been developed for food truck operation, as follows:
- Reduction of the 20-foot distance requirement from public ROW to 5 foot;
- Updated description on the necessary fire extinguisher;
- Allowance for tents for mobile food vendors, and the associated standards;
- Removal of the requirement to obtain written permission from other vendors located within 150
feet of a newly proposed vendor.
- Prohibiting the use of generators from 10 pm to 6 am.
· 5.07.130 – Clarification on role of Finance Department and duty of other department to enforce.
Additional minor edits were made throughout the document.
Staff is requesting direction from Council on the following changes:
1.How many food vendors should define a “food court”? The first version presented
included two or more. Should this be increased to three (or more) before it becomes a
court? reference 5.07.020(G).
2.Staff would propose a $500 application fee for review of a “food court”. Staff welcomes
suggestions on the fee.
3.Shall we keep the following language found in 5.07.090(B)?
“No mobile food or street food vendor shall locate his or her vehicle or conveyance in that portion
of public right-of-way abutting private property without the written permission of the owner of the
abutting private property.”
4.The code currently states that temporary stands shall be removed daily at the close of
business. This is not currently enforced. Shall this provision remain? reference 5.07.090(M).COML Council Packet 3-12-24, Page 126 of 142
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
None at this time.
Options and Results
Revised mobile food vending regulations will provide clarity for applicants and staff regarding the application
process, and the addition of food court regulations will open provide for a new commercial venture for
entrepreneurs in the City of Moses Lake.
Staff will bring back options for recommended changes.
Existing regulations for solo mobile vendors will stay intact, and no food courts will be permitted to operate in the
City limits.
COML Council Packet 3-12-24, Page 127 of 142
ORDINANCE NO. 3045
AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON,
AMENDING CHAPTER 5.07 OF THE MOSES LAKE MUNICIPAL
CODE TITLED “MOBILE FOOD VENDORS AND STREET FOOD VENDORS”
THE CITY COUNCIL OF THE CITY OF MOSES LAKE DO ORDAIN AS FOLLOWS:
Section 1. Chapter 5.07 of the Moses Lake Municipal Code titled “Mobile Food
Vendors and Street Food Vendors” is amended as follows:
Chapter 5.07
MOBILE FOOD VENDORS, FOOD COURTS, AND STREET FOOD VENDORS
Sections:
5.07.010 License Required.
5.07.020 Definitions.
5.07.030 Exemptions.
5.07.040 Mobile Food Vendor Application.
5.07.045 Food Court Vendor Application
5.07.050 Investigation and Determination.
5.07.060 Fees.
5.07.070 Exhibiting of License/Transfer.
5.07.080 Compliance with Regulations.
5.07.090 Mobile Food and Street Food Vendor and Food Court Standards.
5.07.100 Revocation or Denial of License.
5.07.110 Appeal.
5.07.120 Penalty.
5.07.130 Duty of Finance Department to Enforce.
5.07.140 General Fund.
5.07.150 Fees Collected by Court.
COML Council Packet 3-12-24, Page 128 of 142
5.07.010 License Required:
It shall be unlawful for a mobile food or street food vendor to engage in business within the City
of Moses Lake except when licensed as a mobile or street vendor as defined in this chapter. The
license required by this chapter is in addition to the business license provided for by Chapter
5.04, if it is also required.
5.07.020 Definitions:
The following terms and definitions shall be used in the administration of this chapter:
A. “Mobile food vendor” shall mean any person, firm, or corporation, whether as owner, agent,
consignee, or employee, whether a resident of the City or not, who engages in a business of
selling and delivering food from a vehicle or other motorized conveyance upon privately or
publicly owned property including any public street, sidewalk, alley, or public way of the City. A
person, firm, or corporation so engaged shall not be relieved from complying with the provisions
of this chapter merely by reason of associating temporarily with any local dealer, trader,
merchant, or auctioneer, or by conducting such temporary business in connection with, as part
of, or in the name of any local dealer, trader, merchant, or auctioneer.
B. “Food” shall have its usual and ordinary meaning, and shall include all items designed for
human consumption, including, but not limited to, candy, gum, popcorn, hot dogs, sandwiches,
peanuts, soft drinks, frozen concessions, nonalcoholic beverages, and dairy products. Products
regulated by the Washington State Liquor and Cannabis Board may not be sold by mobile or
street vendors.
C. “Authorized concession stand” shall mean a concession stand operated or maintained for
the sale of food or merchandise, in the public parks of the City, or on other public property, by
the City or in accordance with a City-approved agreement or franchise.
D. “Public celebration” shall mean the Spring Festival activities customarily celebrated in and
around McCosh Park and other areas of the City, as well as any other time of public celebration.
E. “Special event” shall mean an event for which the City has authorized use of City facilities for
use by vendors, such as the Farmers Market.
F. “Street food vendor” shall mean a vendor, including any owner and employee, selling food
COML Council Packet 3-12-24, Page 129 of 142
within a public or private parking lot, pedestrian plaza, public street, alley, sidewalk, public right-
of-way, or public property, using a nonmotorized cart or temporary structure.
G. “Food Court” shall mean one location (parking lot, plaza, or lot) where ??? or more street
food vendors operate within a defined space that has been designed to accommodate multiple
food vendors on a permanent basis.
H. A “tent”, for the purposes of this section, shall be defined as a structure, enclosure, canopy
or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported
by any manner except by air or the contents that it protects, and which meets the flame
propagation performance treatment set forth in Section 3104.2 of the International Fire Code
(test method 1 or 2 of NFPA 701), CPAI 84, or California Fire Marshal Seal.
5.07.030 Exemptions:
The provisions of this chapter shall not be construed to apply to the following:
A.Persons selling only fruits, vegetables, berries, eggs, or any farm produce, pursuant to RCW
36.71.090.
B.Persons required to obtain a business license under Chapter 5.04.
B. Limited special event vending: Mobile food vendors and street food vendors may vend
from a zone approved for mobile food vending and are exempt from the permitting
requirements of this Chapter but must have and maintain all other licenses and approvals
necessary to lawfully operate as a mobile food or street food vendor in Moses Lake. Limited
special event vending cannot remain at a location for longer than the duration of the special
event and while there must be located so as to avoid creating conflicts with pedestrian or motor
vehicle traffic or creating other public safety problems. The owner of the property where an
event such as a community event, special event approved by the City, a neighborhood block
party, wedding, birthday party, grand opening, or similar event, must have invited the mobile
food or street food vendor to participate and such vending is part of the event activities.
COML Council Packet 3-12-24, Page 130 of 142
5.07.040 Mobile Food Vendor Application:
Any person, firm, or corporation desiring to secure a license as a mobile food or street food
vendor shall make application to the City, on forms to be provided by the City, at least fourteen
(14)twenty-one (21) days before the requested start date of the business. Such mobile food or
street food vendor application shall provide:
A.The name or names and address of the applicant, vehicle license numbers of all vehicles or a
description of the conveyance from which the applicant proposes to conduct business;
description of the general type of food proposed to be sold by the applicant.
B.Each mobile food vendor application shall be accompanied with the license fee as provided
for in this chapter. the currently adopted fee schedule.
C.Each license application for a mobile food or street food vendor shall be accompanied with
the following information to establish compliance with this chapter and other applicable codes:
1.A statement explaining the method of trash and litter disposal being proposed by the
vendor and/or signed agreement from the property owner to utilize their garbage.
2.1. Washington State tax number Unified Business Identifier (UBI).
2.Copy of approved Operations Permit from the Moses Lake Fire Department, as
applicable (for instance for operators with grease-laden vapors, etc.), which must be
renewed annually. Requirements for such a permit are found in the most recently adopted
Washington State Adopted and Amended Fire Code.
3.Site plan of where unit will be located (if applicable), as it pertains to existing buildings,
parking and exits, will be provided for each operating location within City limits.
3.The mobile food vendor must obtain a signed agreement between the property owner,
or legal agent, and the mobile food vendor allowing use of the property for the mobile food
business. This shall include written permission from the property owner for employees of
the mobile food vendor to use the property owner’s restroom. Portable restrooms are not
permitted on site.
4.Food handler’s permit (if applicable).
1.4. A statement explaining the method of trash and litter disposal being proposed by the
COML Council Packet 3-12-24, Page 131 of 142
vendor and/or signed agreement from the property owner to utilize their garbage.
3.5. Site plan of where unit will be located (if applicable), as it pertains to existing buildings,
parking and exits, will be provided for each operating location within City limits.
a. A food vendor stand shall not be located within five feet (5') from the outside edge of
the public right-of-way. The setback requirement applies to all vehicle appurtenances, on
or in the vehicle, including but not limited to tanks, generators, awnings, tents, etc.
b. Site distance triangles shall be observed. The site triangle shall be formed by
measuring from the intersection of the extended curb line or the traveled right-of-way (if
no curbs exist) of the adjacent street, to a distance of fifty feet (50') from the corner
point. The third side of the triangle is the straight line connecting the two (2) fifty foot
(50') sides. Within the area comprising the triangle, no fence, shrub, or other physical
obstruction higher than thirty-six inches (36") above the established street grade shall be
permitted.
c. The vending window shall be facing the interior of the lot, away from the public right-
of-way.
6. Copy of current food operator’s permit issued by the Grant County Health District.
5. Written authorization from the property owner to conduct business on their property (if
applicable) for each operating location.
7. Each food vendor shall be a self-contained unit. Utility service connections may be
permitted at permanent street merchant pads at the discretion of the city. Electrical service
connections may be permitted by a property owner leasing space to a street merchant or by
the adjacent property owner and when the following requirements are met:
a. The outlet location must be placed outside the walkways which are accessible to
public and private use.
b. Hookup must be permanently wired to the retail stand and meet National Electrical
Code requirements as to type, size and grounding, terminating in an approved
outside weatherproof-type receptacle.
COML Council Packet 3-12-24, Page 132 of 142
c. Each food vendor shall require an electrical permit and will require inspection prior
to operation of the stand.
8. Any tents used by the food vendor shall comply with the standards of MLMC 5.07.090(I).
5.07.045 Food Court Application:
Any person, firm, or corporation desiring to operate a “food court” shall request a pre-
application meeting through the Community Development Department prior to submission of a
business license. Upon successful completion of the pre-application meeting, such person, firm,
or corporation shall make application to the City, on forms to be provided by the City, at least
twenty-one (21) days before the requested start date of the business. Such food court
application shall provide:
A. The name or names and address of the applicant, vehicle license numbers of all vehicles or a
description of the conveyance(s) from which the applicant proposes to conduct business;
description of the general type of food proposed to be sold by the applicant.
B. Each mobile food court application shall be accompanied with the application review fee as
currently adopted.
C. Each food court operations application shall be accompanied with the following information
to establish compliance with this chapter and other applicable codes:
1. Washington State Unified Business Identifier.
2. Copy of approved Operations Permit from the Moses Lake Fire Department for each
vendor proposing to locate on the site, as applicable (i.e. for operators with grease-laden
vapors, etc.). Requirements for such a permit shall comply with the most recently adopted
Washington State Adopted and Amended Fire Code.
3. A site plan depicting the following:
a. Parcel lines and right-of-way lines.
b. The boundaries of the portion of the property to be used for the food court.
COML Council Packet 3-12-24, Page 133 of 142
c. Location and dimensions of:
(1) Existing structures, vehicles, and signage on the site.
(2) Proposed vending stalls for the site.
(3) Tank locations, to include protective bollards, for each food vendor unit,
including dimensions.
(a) Setbacks shall adhere to the most recently adopted Washington State
Adopted and Amended Fire Code.
(4) Accessory seating and tables.
(5) Permanent restroom facilities.
(6) Trash enclosure.
(7) Parking.
(a) Location of available parking spaces required for the food vendors shall
be depicted. The site plan must also demonstrate compliance with the
parking requirements for any primary use on the site.
d. Vehicle ingress and egress.
e. Utilities, including power, water, sewer, etc.
f. Lighting.
g. Landscaping, pursuant to most currently adopted development code of the Moses
Lake Municipal Code.
h. A tent may be included with each food vendor on the site and shall comply with the
requirements of MLMC 5.07.090(I).
4. Compliance with setback and distance requirements.
a. Food vendor stands within the food court shall not be located within five feet (5')
from the outside edge of the public right-of-way. The setback requirement applies to all
vehicle appurtenances, on or in the vehicle, including but not limited to tanks,
COML Council Packet 3-12-24, Page 134 of 142
generators, awnings, tents, etc.
b.All vending windows within the food court shall face the interior of the food court,
and away from the public right-of-way.
c. There shall be at least ten (10) feet of separation between each food vending unit,
unless there is a neighboring vendor that includes a grease-laden vapor. In such case, the
distance between units shall be twenty (20) feet between units.
d. Site distance triangles for the outer perimeter of the site shall be observed. The site
triangle shall be formed by measuring from the intersection of the extended curb line or
the traveled right-of-way (if no curbs exist) of the adjacent street, to a distance of fifty
feet (50') from the corner point. The third side of the triangle is the straight line
connecting the two (2) fifty-foot (50') sides. Within the area comprising the triangle, no
fence, shrub, or other physical obstruction higher than thirty-six inches (36") above the
established street grade shall be permitted.
5. Approval from Fire Department.
a.LPG (commonly referred to as propane tanks) or Compressed Natural Gas (CNG) Gas
Containers shall adhere to the following requirements:
(1)Maximum aggregate capacity shall not exceed 46 gallons for propane
(LPG), and no more than 1300 pounds for CNG (compressed natural gas).
The final maximum capacity shall be determined by the Fire Department
on a case by case basis.
(2)Gas containers shall be contained on, or within, the food vending unit.
6. Each food vendor within the court shall be a self-contained unit. Utility service
connections may be permitted at permanent street merchant pads at the discretion of the
city. Electrical service connections may be permitted by a property owner leasing space to a
street merchant or by the adjacent property owner and when the following requirements
are met. Within the food court, dedicated stalls shall be provided with individual pedestals
for power, and meet the following provisions:
a.Electrical lines are not allowed overhead or lying on the sidewalk.
COML Council Packet 3-12-24, Page 135 of 142
b. No extension cords will be allowed.
c. The outlet location must be placed outside the walkways which are accessible to
public and private use.
d. Hookup must be permanently wired to the food vendor and meet National Electrical
Code requirements as to type, size and grounding, terminating in an approved
outside weatherproof-type receptacle.
e. Each food vendor shall require an electrical permit and will require inspection prior
to operation.
7. It is the responsibility of the individual food vendors within the food court to obtain
necessary health department licenses and to adhere to best practices for food handling
when undertaking food vendor activities involving the preparation and serving of food.
8. Noise generated on site shall comply with currently-adopted noise ordinance of the
Moses Lake Municipal Code.
5.07.050 Investigation and Determination:
Upon receipt of such complete application, the Finance Department shall cause such
investigation of such person’s or persons’ business responsibility to be made as is deemed
necessary for the protection of the public good and shall refer the application to all City
departments for their determination as to compliance with standards and requirements of this
chapter. An application shall be denied by the Finance Department upon written findings that
the applicant’s business responsibility is unsatisfactory or that the proposed business activity will
violate any applicable law, rule, or regulation. Any license issued under this chapter shall contain
the number on the license, the date same was issued, the nature of the business authorized to
be carried on, the expiration date of said license, and the name or names of the person or
persons authorized to carry on the same. The Finance Department shall keep a record of all
licenses issued under this chapter and shall promptly provide the Washington State Department
of Revenue a record of any license issued under this chapter.
COML Council Packet 3-12-24, Page 136 of 142
5.07.060 Fees:
The business license fee for a mobile food or street food vendor, and the application review fee
for a food court, shall be assessed in accordance with the adopted fee schedule for the year or
part thereof, payable in advance, for each vehicle, conveyance, or stand.
5.07.070 Exhibiting of License/Transfer:
A.Any license issued under this chapter shall be posted conspicuously upon all vehicles,
conveyances, or temporary structures from which a mobile food or street food vendor conducts
business.
B.Any license issued under this chapter shall not be transferred to any other person, firm, or
corporation.
5.07.080 Compliance with Regulations:
All food vendors shall comply with all laws, rules, and regulations regarding food handling, and
all vehicles, conveyances, and stands used for the sale of food shall comply with all applicable
laws, rules, and regulations respecting such vehicles, conveyances, or stands as established by
the Grant County Health District, the Washington State Motor Vehicle Code, Washington State
Adopted Fire Code, Washington State Adopted Building Code, as currently or hereafter
amended, and as set forth in the Moses Lake Municipal Code.
All mobile food and street food vendors are subject to periodic compliance inspections by the
City.
5.07.090 Mobile Food and Street Food Vendor and Food Court Standards:
All mobile and street vendors licensed under this chapter shall conform to the following
standards:
A.No mobile or street vendor shall operate from one (1) location in a residential zone as
COML Council Packet 3-12-24, Page 137 of 142
defined in Title 18 for longer than fifteen (15) minutes at a time.
B.No mobile food or street food vendor shall locate his or her vehicle or conveyance in that
portion of public right-of-way abutting private property without the written permission of the
owner of the abutting private property. No food shall be offered, displayed, or sold, and no
customers served, in any vehicle travel lane. A temporary stand shall not be located within
twenty five feet (20' 5) from the outside edge of any public right-of-way or within twenty feet
(20') of the intersection of any public right-of-way and private driveway.
C.No signs or signage shall be permitted other than that which can be contained on the vehicle
or conveyance utilized or as otherwise allowed.
D.No vehicle, other conveyance or temporary stand shall be located closer than twenty feet
(20') from any building or structure. The distance between any food vendor and other structures
on the site shall comply with the requirements of the International Fire Code, as currently
enacted or hereinafter amended.
E.No vehicle, other conveyance or temporary stand shall locate closer than fifty feet (50') from
flammable combustible liquid or gas storage and dispensing structures.
F.All mobile food and street food vendors shall have at least one (1) adequately sized and
properly secured garbage receptacle upon the site of business or on the vehicle or conveyance
for customer use.
G.Sites used by mobile food or street food vendors, or food courts shall be cleaned of all
debris, trash, and litter at the conclusion of daily business activities.
H.All vehicles, other conveyances, or temporary stands shall be equipped with at least one (1)
2A-40 BC fire extinguisher approved by the Fire Department, with an up-to-date annual
inspection tag provided
I.All tents with dimensions larger than ten feet by ten feet must conform to labeling and
certification which shall be done in accordance with the currently adopted and amended state
fire code.
1. The tent shall be of vinyl, canvas, or similar durable material. All parts of such tent must
have a minimum of seven feet of vertical clearance to the ground.
COML Council Packet 3-12-24, Page 138 of 142
2. All tents shall be anchored in accordance with requirements of the International Fire Code,
as currently adopted or hereinafter amended.
3. Cooking under tents shall conform with each of the following requirements:
a.Any tent that is placed over any cooking apparatus, or near a heat source, shall be of
a flame retardant material, and require approval from the fire department.
b. Tents with cooking devices are not allowed to be open to the public.
c.Cooking devices are not allowed to obstruct the exit access, exit or exit discharge.
d.Cooking devices located under tents with sidewalls shall have cooking devices
located a minimum of three feet from tent walls.
e.Cooking surfaces shall have a minimum vertical clearance of forty-two inches to tent
structure when the tent dimensions do not exceed ten feet by ten feet, and a minimum
vertical clearance of forty-eight inches when the tent dimensions exceed ten feet by ten
feet.
f.A minimum rated 2A-10BC fire extinguisher shall be located within each tent.
g.If grease-laden vapors are produced, a six-liter class K extinguisher shall be located
within the tent.
h.All compressed gas cylinders shall be restrained to prevent dislodging.
IJ. No mobile food or street food vendor shall sell or vend from his or her vehicle or
conveyance:
1.Within four hundred feet (400') of any public or private school grounds during the hours
of regular school session, classes, or school-related events in said public or private school,
except when authorized by said school.
2.Within one hundred fifty feet (150') of the entrance to any restaurant, cafe, or eating
establishment during business hours of the eating establishment, unless the eating
establishment has provided written permission to the vendor to locate closer. The vendor
shall produce the written permission for inspection if required to do so by any authorized
City official.
2.3. Within three hundred feet (300') of any public park of the City where any City-
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authorized concession stand is located during times other than during the course of a public
celebration except as approved by the Parks and Recreation Department of the City.
3. 4. Within three hundred feet (300') of any public park of the City where any City
authorized concession stand is located during the course of a public celebration when
nonprofit organizations are permitted to engage in the sale of merchandise and food in such
park.
4.5. Within three hundred feet (300') of any public park or other public space during a
special event for which organizations are permitted to sell merchandise and/or food in the
park or public space for a fee, unless the mobile or street vendor obtains written permission
from the coordinator of the event.
JK. No mobile food or street food vendor shall conduct business so as to violate the traffic and
sidewalk ordinances of the City as now in effect or hereafter amended.
KL. No mobile food or street food vendor, acting solo or as part of a food court, shall obstruct
or cause to be obstructed the passage of any sidewalk, street, avenue, alley or any other public
place, by causing people to congregate at or near the place where goods, wares, food, or
merchandise of any kind is being sold or offered for sale.
L.M. All vehicles, other conveyances, or temporary stands shall be removed daily at the close
of business.
N. Generators shall not be operated from 10 pm to 6 am.
5.07.100 Revocation or Denial of License:
Any license pursuant to this chapter may be revoked or denied, in writing, by the Finance
Director for any of the following causes:
A.Any fraud, misrepresentation, or false statement contained in the application for license.
B.Any fraud, misrepresentation, or false statement made in connection with the selling of
products.
COML Council Packet 3-12-24, Page 140 of 142
C. Any violation of this chapter.
D. Any violation with building or fire codes of the City.
E. Conducting the business licensed under this chapter in an unlawful manner or in such a
manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or
general welfare of the public.
5.07.110 Appeal:
Any person aggrieved by the denial of an application for a license or by the revocation of a
license as provided for in this chapter shall have the right to appeal to the City Council. Such
appeal shall be taken by filing with the Finance Director within fourteen (14) calendar days after
the notice of decision has been mailed, by certified mail, to the applicant’s or licensee’s last
known address, a written statement setting forth the grounds for the appeal. The City Council
shall set the time and place for hearing on such appeal and notice of such hearing shall be given
by certified mail to the appellant at least five (5) calendar days prior to the date fixed for such
hearing.
5.07.120 Penalty:
Failure to comply with any of the provisions of this chapter shall subject the violator to a C-6
penalty as defined in Chapter 1.08.
5.07.130 Duty of Finance Department to Enforce:
It shall be the duty of the Finance Department of the City of Moses Lake to enforce the
application and licensing provisions of this chapter against any person found to be violating the
same. It shall be the duty of any other Department to enforce violations of any permit issued by
that Department.
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5.07.140 General Fund:
All funds received by the City under the terms of this chapter shall be paid into the General Fund
of the City and budgeted annually for any municipal purpose, as required by law
5.07.150 Fees Collected by Court:
The City shall have the power to institute suit or action in any court of competent jurisdiction for
the purpose of collecting any license fees that are due and payable.
Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid
as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected.
Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days after its
passage and publication of its summary as provided by law.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on Marc 12, 2024.
________________________________________ Dustin Swartz, Mayor
ATTEST:
________________________________ Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________ Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Lombardi Skaug
Vote:
Date Published: March 18, 2024
Date Effective: March 23, 2024
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