FINAL 2024 0611 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, June 11, 2024
Moses Lake Civic Center – 401 S. Balsam or remote access*
5:30 p.m. – Joint Meeting with Planning Commission
Development Code Update
Regular Meeting Call to Order – 6:30 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Presentation -Freedom Day Celebration, Charlie Jones
Citizen’s Communications **
Summary Reports:
Mayor’s Report
Additional Business
City Manager’s Report
Public Hearings
#1
#2
pg 3
Development Code Ordinance Motion
Presented by Vivian Ramsey, Interim Community Development Director Summary:
Council to hear from public and consider continuing hearing to June 25.
pg 501
6-Year Transportation Improvement Program Resolution 3983 Motion
Presented by Brian Baltzell, Public Works Director Summary:
Council to hear from public and consider adoption.
COML Council Packet 6-11-24, Page 1 of 713
plus Consent item F. addendum
June 11, 2024, City Council Meeting Page 2
#3 Consent Agenda pg 512 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 May 14, 2024
b.Claims and Payroll
c.ERP Financial Software Agreement
d.Ground Works Lease Extension
e.2024 Ice Arena Chiller Plant Project Award
f.Boys and Girls Club License Agreement (addendum)
Old Business - None scheduled
New Business - None scheduled
Administrative Reports
- Update on Excess Water Usage Fee
Council Committee Reports
Adjournment
Next Regular Council Meeting is scheduled for June 25, 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.
* Remote Options:
#1 MS Teams App or Online Join the meeting now Meeting ID: 251 164 575 22 Passcode: A22oRF
Or #2 MS Teams by phone (audio only) +1 509-707-9401,,602829172# United States, Spokane
Or #3 Youtube Live https://www.youtube.com/@MosesLakeCityCouncil/streams
** In person Citizen Comment or Public Hearing Comments 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. Click this link for remote speaker request forms which must be
completed by 3 p.m. on the day of the meeting. To be heard remotely during the live meeting – select the
Teams option 1 above.
COML Council Packet 6-11-24, Page 2 of 713
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Kevin Fuhr, City Manager 18074
Vivian Ramsey, Interim
Director Community Development
6/11/2024 Public Hearing
Unified Development Code Update
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Review the draft Unified Development Code, take public comment and
1) Make a decision of approval of the UDC as submitted, or
2) Approved the UDC with revisions, or
3) Direct staff to make revisions and continue the public hearing to the June 25, 2024, City
Council meeting.
Comments to 06052024.pdf 4.81MB
ML UDC 2024 with RedLine Edits.pdf 13.34MB
In late 2021 the City of Moses Lake adopted a new Comprehensive Plan as part of the
compliance requirements of the Growth Management Act. Following adoption, the City received
additional guidance from the Department of Commerce (see attachment #1), indicating the
necessity of also updating the development regulations to conform with the goals and policies of
the Comprehensive Plan.
The City drafted an RFP for consultant services, and in August of 2021 the City entered into a
contract with SCJ Alliance to lead the work of crafting a new Unified Development Code. At
present, the development code is broken out into several sections of the Municipal Code,
specifically within Titles 14 through 20. The new code will repeal Titles 14 and 16 thru of the
existing Code and will combine all relevant development regulations into a new Title 15.
The purpose of the public hearing is to consider adoption of the new Unified Development Code,
following three years of preparation to get to this point.
B k d
COML Council Packet 6-11-24, Page 3 of 713
Background
On Thursday, May 30, 2024, the Planning Commission held a public hearing to consider tes mony on the
adop on of a new Unified Development Code to guide development in the City of Moses Lake. At the
conclusion of the mee ng, the Commission unanimously voted to continue the public hearing to
Thursday, June 6, 2024. At that meeting, the Planning Commission began discussion on a work
plan for the remainder of 2024 that would enable the new code to be adopted but continue work
into the new year. The 2024 work plan following code adoptions includes the following topics:
• SEPA Threshold Exemptions
• Zoning district review, boundaries, and the uses allowed within each zone
• Landscaping
• Short term rentals
• Mini-storage standards
• Site Development / Grading Permits
• Power Generation / Electrical storage
The work plan will be further discussed during the June 6, 2024 Planning Commission discussion.
In addition, the Planning Commission recommendation on the Code will be shared verbally with
City Council during the upcoming public hearing to be held on June 11, 2024.
Analysis:
As previously described, the new development code has been crafted in response to the changing
needs of the community and is intended to be a reflection of the community values, goals, and
policies, as outlined in the 2021-adopted Comprehensive Plan. A new development code is also
necessary for achieving compliance with the State of Washington Growth Management Act.
Based on the 20-year growth projections within the Comp Plan, the Code includes new provisions
to allow for more housing types, increase densities and remove barriers to development found
within the existing code.
The new code is broken out into seven Parts as described below:
· 15.100 Administration
This section of the code provides instruction on interpreting the code, and also provides
measurement descriptions and definitions for terms used throughout the code.
· 15.200 Land Use Decisions
This section of code outlines the new permit review process types (Types 1 thru IV), as well as
procedures for hearings, annexations, conditional use permits, development agreements,
variance, Comp Plan and Code amendments, rezones, and concurrency management.
· 15.300 Land Division
This section of code outlines the procedures for subdivisions, boundary line adjustments, binding
site plans, and also provides the requirements for Street Design and Open/Recreation Space.
· 15.400 Zoning & Overlay Districts
This section of code describes the various zoning districts (including the Airport Overlay Zones),
and which uses are allowed in each zone. It also describes the standards for the various housing
types as well as for the nonresidential and mixed use zones.
· 15.500 Environmental Regulations
This section of code outlines the requirements for SEPA and for processing development within
identified Critical Areas.
· 15.600 Special Use Standards
This section of code outlines the steps for processing special uses, including for Daycare, Cargo
Containers, Cryptocurrency, Essential Public Facilities, Home Occupations, Marijuana
Businesses, RV Parks, Short Term Rentals, and Wireless Communications.
· 15.700 Community & Project Design Standards
This section of code provides standards for general community design and project design forCOML Council Packet 6-11-24, Page 4 of 713
p g y g p j g
development, with specific requirements for landscaping, signs, fencing, outdoor lighting, parking,
nonconforming uses.
Draft versions of the new development code were uploaded online on April 22, 2024, and a more
final version was uploaded on May 31, 2024. The draft code is attached to this report, and can
also be viewed online.
WASHINGTON SATE DEPARTMENT OF COMMERCE REVIEW AND SEPA REVIEW
Per the requirements of the Growth Management Act, development regulations have to meet
certain criteria to achieve compliance. A draft of the new code was submitted to the Department
of Commerce on April 11,2024 and the required 60-day notice period ends on June 10, 2024.
A SEPA Determination of Non-Significance (DNS) was issued on May 10, 2024. The 14-day
comment period ended on May 30, 2024. Following receipt of comments the previously-issued
SEPA determination was affirmed.
Public Participation
Staff members from Community Development, with participation from other departments as
necessary, met with the consultants on a regular basis to review the draft code regulations. The
Planning Commission held 33 meetings between February of 2022 and May 2, 2024 to review and
hold discussion on the draft code. Sixteen (16) of those meetings were workshops devoted to
review of the draft chapters of the Code. In December of 2023, the City attorneys began
participating in the code drafting process to ensure compliance with various legal requirements at
the State and Federal level.
Additional public outreach efforts included:
a. Ad Hoc Housing Commission – 8 meetings held in 2022
b. Moses Lake Downtown Association – 1 meeting held on May 9, 2022
c. Moses Lake Parks Board – 1 meeting held May 12, 2022
d. Chamber Response Team Meeting – 2 meetings
e. Grant County Fair – Visualization surveys and mapping activities were held at the fair in 2022 and 2023)
On January 17, 2024, the Community Development Department hosted a meeting with members
of the local development community to share progress on the code, to ask for input on current
planning work, and to invite participation in a Developer Stakeholder Committee. The result was
the creation of a committee with five representatives of the development arena, three members
from City Council, one liaison from the Planning Commission, and three planners from the
Community Development Department. The stakeholder committee met twelve (12) times from
January 31 to May 16, 2024, and conducted in-depth review of the Code.
Two open houses were offered to the general public, on May 1 and May 2, 2024, to share
progress on the Unified Development Code and to share how they could provide feedback on the
proposed code. The events were advertised on the City webpage, on social media, and in the
local newspaper.
A follow-up meeting with the larger Development group was held on May 23 to apprise the
attendees of the progress made with the Code.
Based on the feedback received during the extensive review by both the Planning Commission
and the Stakeholder committee, edits were made to each section of the development code. Final
Draft versions began to be uploaded to the website on Tuesday, May 28, 2024 with the final part
uploaded Friday, May 31, 2024.
PROCEDURAL REQUIREMENTS
The process for making amendments to the Development Regulations is outlined in MLMC 19.55.
The specific procedures to be followed are found in Title 20, which requirements that the Planning
Commission review and make recommendations as follows:
MLMC 20.03.040
A. The Planning Commission shall review and make recommendations on the following applications and subjects:
1. Amendments to Comprehensive Plan.COML Council Packet 6-11-24, Page 5 of 713
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
2. Amendments to the Subdivision Code, Title 17.
3. Amendments to the Zoning Code, Title 18, or the Official Map(s).
4. Amendments to the Environmental Regulations, Title 14.
5. Other actions requested or remanded by the City Council.
6. City-initiated rezone pursuant to Chapter 18.81.
7. Site study analysis pursuant to Section 19.03.090.
8. Habitat Management Plan Review pursuant to Section 19.03.170. (Ord. 2949, 4/14/20; Ord. 2580, 8/24/10;
Ord. 2113, 2/11/03; Ord. 2105, 12/23/02)
The proposed Unified Development Code meets the above criteria as the proposal is to repeal
Titles 14, and 16 thru 20, and adopt a new Title 15.
City Council authority is outlined in MLMC 20.03.030 as follows:
In addition to its legislative responsibility, the City Council shall review and act on the following subjects:
A. Recommendations of the Planning Commission.
B. Appeals of administrative interpretations.
C. Appeals of Hearing Examiner decisions pursuant to Chapter 18.80.
D. Appeals of the Municipal Services Director’s decisions pursuant to Chapter 20.08 and Title 18. (Ord. 2949,
4/14/20; Ord. 2105, 12/23/02)
Pursuant to MLMC 20.03.060 amendments to the development code regulations are considered
legislative which requires the Planning Commission to hold a public hearing and make a
recommendation to the City Council, pursuant to subsection (B). Subsection (C) goes on to state
the following:
C. City Council. The City Council shall consider the Planning Commission’s recommendation in a public hearing or
meeting as required by law.
As noted at the beginning of this report, the Planning Commission held a public hearing on
Thursday, May 30, 2024 which was continued to June 6, 2024. At the conclusion of the June 6
hearing, the Planning Commission will forward a recommendation to City Council that includes a
proposed work plan for the remainder of 2024.
Several written comments were received prior to the Planning Commission public hearing, which
were attached to their June 6, 2023 staff report. Those 13 comments have also been attached to
this City Council report. Additionally, verbally testimony was provided by six (6) members of the
public during the May 30, 2024 hearing. The results of the June 6, 2024 hearing will be shared
verbally with City Council. Any additional written comments will also be entered into the record.
FISCAL AND POLICY IMPLICATIONS
Attachments:
1. Dept of Commerce letter, dated December 14, 2021
2. Commerce Acknowledgement Letter, dated April 11, 2024
3. SEPA DNS Issued May 10, 2024
The City will not be eligible for certain State funding opportunities until it fulfills its obligation to update its
development code.
Options and Results
Council can approve the draft code and direct staff to bring the final ordinance for formal adoption at the June
25, 2024, meeting, or continue the public hearing for additional comments on June 25.
COML Council Packet 6-11-24, Page 6 of 713
Provide Amended Direction:
No Action Taken:
Staff will bring back options for recommended changes as directed.
The City of Moses Lake will be out of compliance with the Growth Management Act.
COML Council Packet 6-11-24, Page 7 of 713
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 (360) 725-4000
www.commerce.wa.gov
December 14, 2021
The Honorable David Curnel
Mayor of Moses Lake
401 S Balsam
Post Office Box 1579
Moses Lake, Washington 98837
Sent Via Electronic Mail
RE: Completion of the periodic update of Moses Lake’s Comprehensive Plan
Dear Mayor Curnel:
Thank you for sending Growth Management Services Ordinance No. 2992. We received this on
November 30, 2021 and processed it with the Material ID 2021-S-3438. This ordinance
indicates the completion of your comprehensive plan review and update required under RCW
36.70A.130. We recognize the substantial investment of time, energy, and resources that these
documents represent. We congratulate you, your planning commission, staff, and involved
citizens for the good work represented by your update.
Next Steps to Complete the Periodic Update:
RCW 36.70A.130(1) requires that counties and cities take action to review and revise, if
necessary, their comprehensive plans and development regulations, including their critical areas
ordinances, every eight-years. At this time, it appears you still need to finalize the review and
update of your development regulations and critical area regulations.
Finalizing the Periodic Update Process:
Commerce recommends that your final legislative action documents the entire review process
and declares that the periodic update required in RCW 36.70A.130(1) is complete. This final
action should outline opportunities for the public to take part in this review, and include findings
that your comprehensive plan and development regulations are consistent with the Growth
Management Act.
Attachment #1
Dept of Commerce Letter dated
December 14, 2021
COML Council Packet 6-11-24, Page 8 of 713
If you have any questions or concerns about any planning or growth management issues, please
call William Simpson, Senior Planner, at (509) 280-3602. We extend our continued support to
the City of Moses Lake in achieving the goals of growth management.
Sincerely,
Dave Andersen, AICP
Managing Director
Growth Management Services
DA:WS:lw
cc: Allison Williams, City Manager, City of Moses Lake
Melissa Bethel, Community Development Director, City of Moses Lake
William Simpson, AICP, Senior Planner, Growth Management Services
Benjamin Serr, AICP, Eastern Regional Manager, Growth Management Services
George Mazur, Senior Transportation Planner, WA Department of Transportation
Eric Pentico, Habitat Biologist, WA Department of Fish and Wildlife
COML Council Packet 6-11-24, Page 9 of 713
04/11/2024
Ms. Kirsten Peterson
Community Development Director
City of Moses Lake
401 S Balsam
Post Office Box 1579
Moses Lake, WA 98837
Sent Via Electronic Mail
Re: City of Moses Lake--2024-S-7004--60-day Notice of Intent to Adopt Amendment
Dear Ms. Peterson:
Thank you for sending the Washington State Department of Commerce (Commerce) the 60-day
Notice of Intent to Adopt Amendment as required under RCW 36.70A.106. We received your
submittal with the following description.
Proposed new unified development code to compliment the 2021 Comprehensive Plan
update to achieve GMA compliance.
We received your submittal on 04/11/2024 and processed it with the Submittal ID 2024-S-7004.
Please keep this letter as documentation that you have met this procedural requirement. Your
60-day notice period ends on 06/10/2024.
We have forwarded a copy of this notice to other state agencies for comment.
Please remember to submit the final adopted amendment to Commerce within ten days of
adoption.
If you have any questions, please contact Growth Management Services at
reviewteam@commerce.wa.gov, or call Steve Davenport, (360) 725-4023.
Sincerely,
Review Team
Growth Management Services
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 (360) 725-4000
www.commerce.wa.gov
Page: 1 of 1
Attachment #2
Commerce Acknowledgment Letter, dated April 11, 2024
COML Council Packet 6-11-24, Page 10 of 713
Attachement #3
SEPA DNS issued May 10, 2024
COML Council Packet 6-11-24, Page 11 of 713
COML Council Packet 6-11-24, Page 12 of 713
Commentor Comment
WDR/V CriticalAreas0rdinance/Habitat
Jason Grubb CoML Public Works Requests Changes Throughout
Rebecca Hutsell ShortTerm Rentals and Home Occ
Grant PUD Email with NO Comment
Wayne Ostler 3 emails with BLA/BSP/ and RV Park Edits
WSDOT EmailwithNOComment
Col. Basin Conservation District Aquifer Recharge Areas
DougSLy VacationRental
SharonVanWoert Vacation Rental
Department of Ecology Critical Areas Ordinance and Septic Tanks
Anthony Arrendondo Water Conservation and New Sod
Rick Rodriguez Vegatation in Front Yars
May 30th Attendees:
Rebecca Hutsell
Wayne Hutsell
Sharon Van Woert
Doug Sly
Karina Lawson
Richard Leitz
Ron Sawyer
Comment Topic
Vacation Rental
Vacation Rental
Vacation Rental
Vacation Rental
Vacation Rental
Septic Tanks and Recharge Areas
date SEPA
5/30/2024 x
5/30/2024 X
5/28/2024
5/20/2024 X
5/24/2024 X
5/20/2024 X
5/30/2024 X
5/30/2024
5/30/2024
5/30/2024 X
5/1/2024
5/2/2024
Public
Public Comment
x
x
x
x
x
x
Attachment #4
Comments Received through 05/31/2024
COML Council Packet 6-11-24, Page 13 of 713
MLUDC Comment #1 WDFW
State of Washington
DEPARTMENT OF FISH AND WILDLIFE REGION TWO
Mailing Address: 1550 Alder Street NW, Ephrata, WA 98823-9699 509 754-4624 TDD 360 902-2207
Region Two Office Location: 1550 Alder Street NW, Ephrata, WA
May 30, 2024
City of Moses Lake Community Development Department
Attention: Ms. Vivian Ramsey - Community Development Planning Manager
401 S. Balsam St.
p.o. Box 1579
Moses Lake, WA 98837
SUBJECT: CITY OF MOSES LAKE UNIFIED DEVELOPMENT CODE UPDATE
Dear Ms. Ramsey
On May 15, 2024, the Washington Depaitment of Fish and Wildlife (WDFW) received notice from
the City of Moses Lake Community Development Department that they are accepting comments
regarding the proposal referenced above. WDFW's interest in this proposed Moses Lake Unified
Development Code (ML{JDC) Update, in particular Chapter 15.510, is based on our agency's
mandate to perpetuate fish, wildlife, and their habitat (RCW 77.04.012). WDFW Habitat Program
staff review proposed changes to local jurisdictions' land use plans (Comprehensive Plan, Zoning
Code, Critical Areas Ordinance, etc.) to advise of potential fish and wildlife issues and impacts. In
keeping with our role as a technical advisor, we offer the following cornrnents and
recommendations.
In section 15.530.010(2), WDFW has a recommendation we feel will help to standardize and more
clearly refer to the Washington Department of Fish and Wildlife's Priority Habitats and Species
Program. WDFW recommends revising this provision to state, "Priority Habitats and species
identified in reference to lists, categoiies, and definitions promulgated by tlie Washington
Depaitment of Fish and Wildlife as identified in WAC 232-12-011 or 232-12-014; in the priority
habitat arid species (PHS) program of the Depaitment of Fish and Wildlife" similar to the City of
Leavenworth's Critical Areas Ordinance, Chapter 16.08.430.
Section 15.530.040, titled 'Perfortnance standards - Specific habitats.', contains a mitigation table
(l 5.530.040(C)(5)) requiring progressive mitigation ratio requirements for any development within
shrubsteppe habitat. While WDFW is supportive of the City of Moses Lake resolve to obtain
adequate mitigation for disturbance to native shrubsteppe habitat, the required ratios in the table
appear to be based on similar wetland mitigation ratios, which is not based on any best available
science (BAS) WDFW has published, or any other published best available science literature that
may be considered BAS.
WDFW is currently working to update and provide recornrnendations regarding adequate mitigation
for impacts to native shrubsteppe habitat, to achieve no net loss of habitat functions and values, but
these efforts will not be completed before the adoption of this City of Moses Lake's current
COML Council Packet 6-11-24, Page 14 of 713
WDFW Comments: Proposed City of Moses Lake Unified Development Code Update
May 30, 2024
Page 2 of 2
Development Code update. To ensure the code incorporates future BAS from WDFW, in section
15.530.040, we suggest the City of Moses Lake remove the current table and adopt in its place, for
shrubsteppe mitigation, the recommendations in WDFW's PHS Management Recommendations,
aManagementRecommendatiom for Washington's Priority Habitats: Shrubsteppe', as amended, to
obtain adequate shrubsteppe habitat protection, enhancement, and/or rehabilitation for future
development projects. Please see the attached copy of the draft development code with track changes
for reference.
WDFW would like to thank you for the opportunity to review and provide comments on the
proposed ML{JDC amendments. If you have any questions or would like to schedule time with
WDFW staff to discuss our comments, I can be reached by email or at (509) 630-2729.
Sincerely,
Eric Pentico
WDFW Habitat Biologist
cc: Carmen Andonaegui, WDFW Region 2 Habitat Program Manager
Amanda Barg, WDFW Region 2 Assistant Habitat Program Manager
Kara Whittaker, WDFW Land Use Conservation & Policy Section Manager
Paul Christianson, WDFW Region 2 Land Use Lead
COML Council Packet 6-11-24, Page 15 of 713
Comment #1 Attachment
Chapter 15.510
CRITICAL AREA REGULATIONS
Sections:
15.515 CRITICAL AREA APPLICABILITY, EXEMPTIONS AND EXCEPTIONS
15.515.010 Applicability.
15.515.020 Exemptions.
15.515.030 Allowed activities.
15.515.040 Exception - Public agency and utility.
15.515.050 Exception - Reasonable use.
Critical area review requirements.
Preapplication meeting.
Public notice of initial determination.
15.515.070
15.515.080
15.515.060
15.515.090
15.S15.100
15.515.110
15.515.120
15.515.130
15.515.140
15.515.150
Critical area report - Requirements.
Critical area report - Modifications to requirements.
Mitigation requirements.
Mitigation SequenCingl
Mitigation plan requirements.
Innovative mitigation.
Determination.
15.515.160 Review criteria.
15.515.170
15.515.180
15.515.190
15.515.200
15.515.210
15.515.215
15.515.220
Report acceptance.
Report rejection.
Complet'on of the critical area review.
Appeals.
Variances.
Variances within frequently flooded areas.
Unauthorized critical area alterations and enforcement.
15.515.230
15.515.24C1
Critical area markers and signs.
Notice on title.
15.515.2SO Critical area tracts.
15.515.260
15.515.270
15.515.280
Bonds to ensure mitigation, maintenance, and monitoring.
Critical area inspections.
Enforcement and penalties.
15.520 CRITICAL AREA GENERAL PROVISIONS
15.520.010
15.520.020
1S.520.030
15.520.040
15.520.050
Purpose.
Authority.
Relationship to other regulations.
Administrative procedures.
Fees.
15.520.060
15.520.070
15.S20.080
Severability.
Interpretation.
Jurisdiction - Critical areas.
Page I of 69
COML Council Packet 6-11-24, Page 16 of 713
15.520.090 Protection of critical areas.
15.520.100 Best available science.
15.525 WETLANDS
15.525.010 Identificationandratingofwetlands.
15.525.020 Criticalareareport-Additionalrequirementsforwetlands.
15.525.030 Performancestandards-Generalrequirements.
15.525.040 Performancestandards-Compensatorymitigationrequirements.
15.525.010 ldentificationandratingofwetlands.
15.530 FISH AND WIIDLIFE HABITAT CONSERVATION AREA
15.530.010 Designationoffishandwildlifehabitatconservationareas.
15.530.020 Criticalareareport-Additionalrequirementsforhabitatconservationareas.
15.530.030 Peformancestandards-Generalrequirements.
15.530.040 Performancestandards-Specifichabitats.
15.535 GEOLOGICALLY HAZARDOUS AREAS
15.535.010 Designationofgeologicallyhazardousareas.
15.535.020 Designation of specific hazard areas.
15.535.030 Mappingofgeologicallyhazardousareas.
15.535.040 Criticalareareport-Additionalrequirementsforgeologicallyhazardousareas.
15.535.050 Performancestandards-Generalrequirements.
15.535.060 Performancestandards-Specifichazards.
15.540 FREQUENTLY FLOODED AREAS
15.540.010 Designation offrequentlyflooded areas.
15.540.015 Designationofthefloodplainadministrator-Permitreview.
1S.S40.02D Criticalareareportrequirements-Frequentlyfloodedareas.
15.540.030 Warning and disclaimer of liability.
15.540.040 Performancestandards-Generalrequirements.
15.540.050 Performancestandards-Specificuses.
15.540.060 Performancestandards-Areasofshallowflooding.
15.540.070 Prohibited uses and activities.
15.545 AQUIFER RECHARGE AREAS
15.545.010 Critical aquifer recharge areas designation.
15.545.020 Aquifer recharge areas susceptibility ratings.
15.545.030 Mappingofcriticalaquiferrechargeareas.
15.545.040 Activities allowed in crit'cal aquifer recharge areas.
15.545.050 Criticalareareport-Additionalrequirementsforcriticalaquiferrechargeareas.
15.545.060 Performancestandards-Generalrequirements.
15.545.070 Peformancestandards-Specificuses.
Page of
COML Council Packet 6-11-24, Page 17 of 713
Chapter 15.515
CRITICAI AREA APPLICABILITY, EXEMPTIONS AND EXCEPTIONS
15.515.010 Applicability.
A. Theprovisionsofthischaptershallapplytoalllands,alllandusesanddevelopment
activity, and all structures and facilities in the city, whether or not a permit or
authorization is required, and shall apply to every person, firm, partnership,
corporation, group, governmental agency, or other entity that owns, leases, or
administers land within the city. No person, company, agency, or applicant shall alter a
critical area or buffer except as consistent with the purposes and requirements of this
chapter.
B. The city shall not approve any permit or otherwise issue any authorization to alter the
condition of any land, water, or vegetation, or to construct or alter any structure or
improvement in, over, or on a critical area or associated buffer, without first ensuring
compliance with the requirements ofthis chapter, including, but not limited to, the
following (as applicable):
1. Building permit;
2. Site development permit;
3. Conditional use permit;
4. Short plat;
5. Subdivision;
6. Zoning variance;
7. Zoning code amendment; or
8. Any other permit or required approval not expressly exempted by this
chapter.
C. Approval of a permit or development proposal pursuant to the provisions of this chapter
does not discharge the obligation of the applicant to comply with the provisions of this
chapter.
15.515.020 Exemptions.
A. Critical Area Review Application Required. Certain development activities within critical areas
may be exempt from critical area permitting. However, a critical area review application shall be
submitted for all development in any identified critical area to determine exemption
applicability. Pursuant to FEMA regulations, exemption for the activities described in
subsections (D%2), (D)(3) and (D)(4) of this section is not applicable to development located
within the floodplain.
B. Exemption Request and Review Process. The proponent ofthe activity may submit a written
request for exemption to the director that describes the activity and states the exemption listed
in this section that applies. The director shall review the exemption request as a Type I permit
review process. If the exemption is approved, it shall be placed on file with the community
development department and the proponent may continue through the review process for any
underlying permit. If the exemption is denied, the proponent may continue in the critical area
review process and shall be subject to the requirements of this chapter.
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threatened species. To qualify as an exemption, operation, maintenance, or repair
activities must meet the following criteria:
i. The activity does not require construction permits;
ii. The activity does not further alter or increase the impact to, or encroach further
within, the critical area or buffer; and
iii. There is no increased risk to life or property as a result of the proposed operation,
maintenance, or repair;
3. Passive Outdoor Activities. Recreation, education, and scientific research activities
that do not degrade the critical area, including fishing, hiking, and bird watching.
Trails must be constructed pursuant to Public and Private Pedestrian Trails standards;
4. Flood Control. Operation, maintenance, and repair of ditches, reservoirs, and other
structures or facilities which were created or developed as part of normal flood
control activities, except that this exemption does not extend to the permanent
draining or permanent alteration of any regulated wetland; and
5. Other Similar Activity. Such activity that the director may determine is closely allied
or similar to any activity on the exemption list. If such an activity does not impact the
functions and values of any critical area or its buffers, it may also be determined to
be exempt.
15.515.030 Allowed activities.
A. Certainactivitiesassetforthbelowareallowedactivities.Theproponentoftheallowedactivity
must submit a critical area review form. In making the decision whether a proposed activity is an
allowed activity for purposes of this chapter, the director shall follow the permit review process
set forth for Type I permit.
B. Activities allowed under this chapter shall have been reviewed and permitted or approved by
the city or other agency with jurisdiction, but do not require submittal of a separate critical area
report, unless such submittal was previously required for the underlying permit. The director
may apply conditions to the underlying permit or approval to ensure that the allowed activity is
consistent with the provisions of this chapter to protect critical areas.
C. Required Use of Best Management Practices. All allowed activities shall be conducted using the
best management practices pursuant to the city's public works development standards, that
result in the least amount of impact to the critical areas. Best management practices shall be
used for tree and vegetation protection, construction management, erosion and sedimentation
control, water quality protection, and regulation of chemical applications. The city shall observe
the use of best management practices to ensure that the activity does not result in degradation
to the critical area. Any incidental damage to, or alteration of, a critical area shall be restored,
rehabilitated, or replaced at the responsible party's expense.
D. Allowed Activities. The following activities are allowed:
1. Permit Requests Subsequent to Previous Critical Area Review. Development permits
and approvals that involve both discretionary land use approvals (such as
subdivisions or conditional use permits), and construction approvals (such as building
permits) if all of the following conditions have been met:
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i. Theprovisionsofthischapterhavebeenpreviouslyaddressedaspartofanother
approval;
ii. Therehavebeennomaterialchangesinthepotentialimpacttothecriticalareaor
buffer since the prior review;
iii. There is no new information available that is applicable to any critical area review
of the site or particular critical area;
iv. The permit or approval has not expired or, if no expiration date, no more than five
years has elapsed since the issuance of that permit or approval; and
v. Compliancewithanystandardsorconditionsplaceduponthepriorpermitor
approval has been achieved or secured.
2. Modification to Existing Structures. Structural modification of, addition to, demolition
of or replacement of an existing legally constructed structure (undertaken pursuant
to an issued permit, if required) that does not further alter or increase the impact to
the critical area or buffer and there is no increased risk to life or property as a result
of the proposed modification or replacement; provided, that restoration of
structures or demolition pursuant to an approved demolition permit must be
initiated within one year of the date of such damage, as evidenced by the issuance of
a valid building permit, and diligently pursued to completion. This subsection does
not apply to modifications to existing structures located within a special flood hazard
area. In such cases, the proposed modifications are subject to all requirements of
special flood hazard standards, including but not limited to the requirements for
substantial improvements.
3. Activities Within the Improved Right-of-Way. Replacement, modification, installation,
or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances,
not including substations, when such facilities are located within the improved
the transport of sediment or increased stormwater; subject to the following:
i. Criticalareaand/orbufferwidthsshallbeincreased,wherepossible,equaltothe
width of the right-of-way improvement, including disturbed areas; and
ii. Retentionandreplantingofnativevegetationshalloccurwhereverpossiblealong
the right-of-way improvement and resulting disturbance.
4. Minor Utility Projects. Utility projects which have minor or short-duration impacts to
critical areas, as determined by the director in accordance with the criteria below:
i. Thereisnopracticalalternativetotheproposedactivitywithlessimpacton
critical areas;
ii. Theactivityinvolvestheplacementofautilitypole,streetsigns,anchor,orvault
or other small component of a utility facility;
iii. Theactivitydoesnotsignificantlyimpactthefunctionorvaluesofacritical
area(s);
iv. The activity or project is constructed with best management practices and
additional restoration measures are provided; and
v. The activity shall not result in the transport of sediment or increased stormwater.
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5. Public and Private Pedestrian Trails. Public and private pedestrian trails, except in
wetlands, fish and wildlife habitat conservation areas, or their buffers, subject to the
following:
i. The trail surface shall meet all other requirements including applicable standards
set forth in the city's public works development standards;
ii. Critical area and/or buffer widths shall be increased, where possible, equal to the
width of the trail corridor, including disturbed areas; and
iii. Trails proposed to be located in landslide or erosion hazard areas shall be
constructed in a manner that does not increase the risk of landslide or erosion and
in accordance with an approved geotechnical report.
6. Select Vegetarian Removal ACtiV:tieSI The fOllOWing Vegetation removal aCtiVitieS;
provided, that except for these activities no vegetation shall be removed from a
critical area or its buffer without approval from the director:
i. The removal ofinvasive and noxious weeds and vegetation with hand labor and
light equipment;
ii. The removal of trees that are hazardous, posing a threat to public safety, or
posing an imminent risk of damage to private property; provided, that:
a. The applicant submits a report from a certified arborist, registered landscape
architect, or professional forester that documents the hazard and provides a
replanting schedule for the replacement trees;
b. Tree cutting shall be limited to pruning and crown thinning, unless otherwise
justified by a qualified professional. Where pruninB or crown thinning is not
sufficient to address the hazard, trees should be removed or converted to
wildlife snags;
C. All vegetat'on cut (tree stems, branches, etc.) shall be left within the critical area
or buffer unless removal is warranted due to the potential for disease, or pest
transmittal tO Other healthy vegetation, or safety and health hazards;
d. Thelandownershallreplaceanytreesthatareremovedwithnewtreesata
ratio of two replacement trees for each tree removed (2:1) within one year in
accordance with an approved restoration plan. Replacement trees may be
planted at a different, nearby location if it can be determined that planting in
the same location would create a new hazard or potentially damage the critical
area. Replacement trees shall be species that are native and indigenous to the
site and a minimum of one inch in diameter-at-breast height (dbh) for
deciduous trees as measured from the top of the root ball;
e. Hazard trees determined to pose an imminent threat or danger to public health
Or Safety, tO publiC Or private property, Or Of serious environmental degradation,
may be removed or pruned by the landowner prior to receiving written approval
from the city; provided, that within 14 days following such action, the
landowner shall submit a restoration plan that demonstrates compliance with
the provisions of this chapter;
f. ;and
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g. Unless otherwise provided, or as a necessary part of an approved alteration,
removal of any vegetation or woody debr(s from a habitat conservafu:in area or
wetland shall be prohibited.
iii. VegetationEnhancement.Voluntaryenhancementofacriticalareaorbufferby
planting vegetation that will improve the health and function ofthe critical area;
iv. Chemical Applications. The application of herbicides, pesticides, organic or
mineral-derived fertilizers, or other hazardous substances, if necessary, as
approved by the city; provided, that their use shall be restricted in accordance
with Washington State Department of Fish and Wildlife Management
Recommendations and the regulations of the Washington State Department of
Agriculture, Washington State Department of Ecology, and the u.s. Environmental
Protection Agency;
v. Minor Site Investigative Work. Work necessary for land use submittals, such as
surveys, soil logs, percolation tests, archaeological shovel tests, and other related
activities, where such activities do not require construction of new roads or
significant amounts of excavation. In every case, impacts to the critical area shall
be minimized and disturbed areas shall be immediately restored; and
vi. Navigational Aids and Boundary Markers. Construction or modification of
navigational aids and boundary markers.
15.515.040 Exception - Public agency and utility.
A. If the application of this chapter would prohibit a development proposal by a public agency or
public utility, the agency or uh'lity may apply for an exception pursuant to this section.
B. Exception Request and Review Process (a Type II Permit Review Process). An application for a
public agency and utility exception shall be made to the city and shall include a critical area
information form; and if necessary a critical area report, including mihigation plan; and any other
related project documents, such as permit applications to other agencies, special studies, and
environmental documents prepared pursuant to the State Environmental Policy Act (Chapter
43.21C RCW). The director shall process the exception request as a Type II permit review
process. As part of that review process the director shall prepare a decision based on review of
the submitted information, a site inspection, and the proposal's ability to comply with public
agency and utility exception review criteria in subsection (D) of this section.
C. Public Agency and Lltility Review Criteria. The criteria for review and approval of public agency
and utility exceptions are as follows:
1. There is no other practical alternative to the proposed development with less impact
on the critical areas;
2. Theapplicationofthischapterwouldunreasonablyrestricttheabilitytoprovide
utility services to the public;
3. Theproposaldoesnotposeanunreasonablethreattothepublichealth,safety,or
welfare on or off the development proposal site;
4. Theproposalattemptstoprotectandmitigateimpactstothecriticalareafunctions
and values consistent with the best available science; and
5. TheproposaJisconsistentwithotherapplicableregulationsandstandards.
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D. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support
of the application and to provide sufficient information on which any decision has to be made
on the application.
15.515.050 Exception - Reasonable use.
A. If the application of this chapter would deny all reasonable economic use of the subject
property, the city shall determine if compensation is an appropriate action, or the property
owner may apply for an exception pursuant to this section. However, this section is not
applicable to development in the floodplain. The requirements and criteria for variances within
frequently flooded areas are applicable.
B. Exception Request and Review Process (a Type II Permit Review Process). An application for a
reasonable use exception shall be made to the city and shall include a critical area review form;
and if necessary a critical area report, including mitigation plan; and any other related project
documents, such as permit applications to other agencies, special studies, and environmental
documents prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW and
WAC 197-11-158). The director shall process the exception request as a Type II permit review
process. As part of that review process the director shall prepare a decision based on review of
the submitk'ed information, a site inspection, and the proposal's ability to comply with
reasonable use exception criteria in subsection (C) of this section.
C. Reasonable Use Review Criteria. Criteria for review and approval of reasonable use exceptions
follow; one or more may apply:
1. Theapplicationofthischapterwoulddenyallreasonableeconomicuseofthe
property;
2. No other reasonable economic use of the property has less impact on the critica
area;
3. The proposed impact to the critical area is the minimum necessary to allow for
reasonable economic use of the property;
4. Theinabilityoftheapplicanttoderivereasonableeconomicuseofthepropertyis
not the result of actions by the applicant after the effective date of the ordinance
codifted in this chapter, or its predecessor;
5. The proposal does not pose an unreasonable threat to the public health, safety, or
welfare on or off the development proposal site;
6. The proposal will result in no net loss of critical area functions and values consistent
with the best available science; and
7. The proposal is consistent with other applicable regulations and standards.
E. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support
of the application and to provide sufficient information on which any decision has to be made.
1S.51S.060 Critical area review requirements.
A. Submittal. Prior to the city's consideration of any proposed activity not found to be exempt or
allowed, the applicant shall submit to the department complete information regarding the
critical area on the application for the underlying development, on forms provided by the city.
B. As part of a critical area review, the city shall:
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1. Verify the information submitted by the applicant;
2. Conductasiteinspectiontoevaluatetheprojectareaandvicinityforcriticalareas.
The director shall notify the property owner of the inspection prior to the site visit.
Reasonable access to the site shall be provided by the property owner for the
purpose of inspections during any proposal review, restoration, emergency action, or
monitoring period;
3. Determinewhethertheproposedprojectislikelytoimpactthefunctionsorvaluesof
critical areas;
4. Reviewotherinformationavailablepertainingtothesiteandtheproposal;
5. Determineiftheproposedprojectadequatelyaddressestheimpactsandavoids
impacts to the critical area associated with the project; and
6. Make a determination on the critical area.
i. No Critical Areas Present. If after a site visit the director's analysis indicates that
the project area is not within or adjacent to a critical area or buffer and that the
proposed activity is unlikely to degrade the functions or values of a critical area,
then the director sha(l rule that the critical area review is complete and note on
the underlying application the reasons that no further review is required. A
summary ofthis infarmauon shall be included in any staff report or decision on
the underlying permit.
ii. CriticalAreasPresent,butNolmpact-Waiver.lfthedirectordeterminesthere
are critical areas within or adjacent to the project area, but that the best available
science shows that the proposed activity is unlikely to degrade the functions or
values of the critical area, the director may waive the requirement for a critical
area report. A waiver may be granted if there is substantial evidence that all of the
following requirements will be met:
a. Therewillbenoalterationofthecriticalareaorbuffer;
b. Thedevelopmentproposalwillnotimpactthecriticalareainamanner
contrary to the purpose, intent, and requirements ofthis chapter; and
c. The pmposal is consistent with other applicable regulations and standards. A
summary ofthis analysis and the findings shall be included in any staff report
or decision on the underlying permit.
d. Criticalareasmaybeaffectedbyproposal.Ifthedirectordeterminesthata
critical area or areas may be affected by the proposal, then the director shall
notify the applicant that a critical area report must be submitted prior to
further review of the project, and indicate each of the critical area types that
should be addressed in the report. The director may use the following
indicators to assist in determining the need for a critical area report:
iii. lndicationofacriticalareaonthecitycriticalareasmapsthatmaybeimpactedby
the proposed activity;
iv. Information and scientific opinians from appropriate ag,encies, including but not
limited to the Washington State Departments of Fish and Wildlife and Ecology;
v. Documentation,fromascientificorotherreasonablesource,ofthepossible
presence of a critical area; or
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vi. A finding by a qualified professional, or a reasonable belief by the director, that a
critical area may exist on or adjacent to the site of the proposed activity.
C. Effect of Director's Determination. A determination regarding the apparent absence of one or
more critical areas by the director is not an expert certification regarding the presence of critical
areas and the determination is subject to possible reconsideration and reopening if new
information is received. If the applicant wants greater assurance of the accuracy of the critica
area review determinaUon, the applicant may choose to hire a qualified professional to provide
such assurances.
15.515.070 Preapplication meeting.
Any person preparing to submit an application for development or use of land that may be regulated by
the provisions of this chapter shall comply with the preapplication process for the underlying permit. At
this meeting and as applicable, the director shall discuss the requirements ofthis chapter; provide
critical area maps, scientific information, and other source materials; outline the review process; and
work with the activity proponent to identify any potential concerns that might arise during the review
process, in addition to discussing other permit procedures and requirements.
15.515.080 Public notice ofinitial determination.
The city shall notify the public of proposals in accordance with the procedure set forth for the underlying
permit type.
A. Ifthedirectordeterminesthatnocriticalareareportisnecessary,thecityshallstatethe
reasons for this determination in the notice of application issued by the city for the proposal.
B. lfthedirectordeterminesthattherearecriticalareasonthesitethattheproposedprojectis
unlikely to impact and the project meets the requirements for and has been granted a waiver
from the requirement to complete a critical area report, a summary of the analysis and findings
for this decision shall be stated in the notice of application for the proposal.
C. If the director determines that critical areas may be affected by the proposal and a critical area
report is required, public notice of the application shall include a description of the critical area
that might be affected and state that a critical area report(s) is required.
15.515.090 Critical area report - Requirements.
A. Preparation by Qualified Professional. The applicant shall submit a critical area report prepared
by a qualified professional as defined herein.
B. Incorporation of Best Available Science. The critical area report shall use scientifically valid
methods and studies in the analysis of critical area data and field reconnaissance and reference
the source of science used. The critical area report shall evaluate the proposal and all probable
impacts to critical areas in accordance with the provisions of this chapter.
C. Minimum Report Contents. At a minimum, the report shall contain the following:
1. The name and contact information of the applicant, a description of the proposal,
and identification of the permit requested;
2. Acopyofthesiteplanforthedevelopmentproposalincluding:
i. A map to scale depicting critical areas, buffers, the development proposal, and any
areas to be cleared; and
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3. consistentwiththecurrenteditionoftheDepartmentofEcology'sStormwater
Management Manual for Eastern Washington. The dates, names, and qualifications
of the persons preparing the report and documentation of any fieldwork performed
on the site;
4. ldentificationandcharacterizationofallcriticalareas,waterbodies,andbuffers
adjacent to the proposed project area;
5. Astatementspecifyingtheaccuracyofthereport,andallassumptionsmadeand
relied upon;
6. Anassessmentoftheprobablecumulativeimpactstocriticalareasresultingfrom
development of the site and the proposed development;
7. A description of reasonable efforts made to apply mitigation sequencing pursuant to
Mitigation sequencing, to avoid, minimize, and mitigate impacts to critical areas;
8. Plans for adequate mitigation, as needed, to offset any impacts, in accordance with
Mitigation plan requirements, including, but not limited to:
i. The impacts of any proposed development within or adjacent to a critical area or
buffer on the critical area; and
ii. The impacts of any proposed alteration of a critical area or buffer on the
development proposal, other properties and the environment;
9. Adiscussionoftheperformancestandardsapplicabletothecriticalareaand
proposed activity;
10. CriticalAreaReportincludetheassessmentofvarioussitedevelopmentalternatives.
11. Financialguarantees(forexample,bond)toensurecompliance,asapprovedbythe
City attorney; and
12. Anyadditionalinformationrequiredforthecriticalareaasspecifiedinthe
corresponding chapter.
D. Unless otherwise provided, a crit'cal area report may be supplemented by or composed, in
whole or in part, of any reports or studies required by other laws and regulations or previously
prepared for and applicable to the development proposal site, as approved by the director.
15.51S.100 Critical area report - Modifications to requirements.
A. LimitationstoStudyArea.Thedirectormaylimittherequiredgeographicareaofthecritical
area report as appropriate if:
1. The applicant, with assistance from the city, cannot obtain permission to access
properties adjacent to the project area; or
2. Theproposedactivitywillaffectonlyalimitedpartofthesubjectsite.
B. ModificationstoRequiredContents.Theapplicantmayconsultwiththedirectorpriortoor
during preparat'on ofthe critical area report to obtain city approval of modifications to the
required contents ofthe report where, in the judgment of a qualified professional, more or less
information is required to adequately address the potential critical area impacts and required
mitigation.
C. Additional Information Requirements. The director may require addiUonal information to be
included in the critical area report when determined to be necessary to the review of the
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proposed activity in accordance with this chapter. Additional information that may be required,
includes, but is not limited to:
1. Historical data, including original and subsequent mapping, aerial photographs, data
compilations and summaries, and available reports and records relating to the site or
past operations at the site;
2. Grading and drainage plans; and
3. Information specific to the type, location, and nature of the critical area.
15.515.110 Mitigation requirements.
A. The applicant shall avoid all impacts that degrade the functions and values of a critical area or
areas when possible. Unless otherwise provided in this chapter, if alteration to the critical area is
unavoidable, all adverse impacts to or from critical areas and buffers resulting from a
development proposal or alteration shall be mitigated using the best available science in
accordance with an approved critical area report and SEPA documents, so as to result in no net
loss of critical area functions and values.
B. Mitigation shall be in-kind and on-site, when possible, and sufficient to maintain the functions
and values of the critical area, and to prevent risk from a hazard posed by a critical area.
C. Mitigation shall not be implemented until after the director's approval of a critical area report
that includes a mitigation plan, and mitigation shall be in accordance with the provisions of the
approved critical area report.
15.515.120 Mitigation sequencing.
Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid
and minimize impacts to critical areas in the following order. When an alteration to a critical area is
proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential
order of preference:
A. Avoiding the impact altogether by not taking a certain action or parts of an action;
B. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by
using appropriate technology, or by taking affirmative steps, such as project redesign,
relocation, or timing, to avoid or reduce impacts;
C. Rectifying the impact to wetlands, frequently flooded areas, and habitat conservation areas by
repairing, rehabilitating, or restoring the affected environment to the conditions existing at the
time of the initiation of the project;
D. MinimizinB or eliminating the hazard by restoring or stabilizing the hazard area through
engineered or other methods;
E. Reducing or eliminating the impact or hazard over time by preservation and maintenance
operations during the life of the action;
F. Compensatingfortheimpacttowetlands,frequentlyfloodedareas,andhabitatconservation
areas by replacing, enhancing, or providing substitute resources or environments; and
G. Monitorin@ the hazard or other required mitigation and taking remedial action when necessary.
Mitigation for individual actions may include a combination of the above measures.
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15.515.130 Mitigation plan requirements.
When mitigation is required, the applicant shall submit for approval by the city a mitigation plan as part
of the critical area report. The mitigation plan shall include:
A. Environmental Goals and Objectives. The mitigation plan shall include a written report
identifying environmental goals and objectives of the compensation proposed and including:
1. Adescriptionoftheanticipatedimpactstothecriticalareasandthemitigating
actions proposed and the purposes ofthe compensation measures, includingthe site
selection criteria; identification of compensation goals; identification of resource
functions; and dates for beginning and completion of site compensation construction
activities. The goals and objectives shall be related to the functions and values of the
impacted critical area;
2. Areviewofthebestavailablesciencesupportingtheproposedmitigationanda
description of the report author's experience to date in restoring or creating the type
of critical area proposed; and
3. An analysis of the likefihood of success of the compensation project.
B. Performance Standards. The mitigation plan shall include measurable specific criteria for
evaluating whether or not the goals and objectives of the mitigation project have been
successfully attained and whether or not the requirements of this chapter have been met.
C. Detailed Construction Plans. The mitigation plan shall include written specifications and
descriptions ofthe mitigation proposed, such as:
1. The proposed construction sequence, timing, and duration;
2. Grading and excavation details;
3. Erosion and sediment control features;
4. A planting plan specifying plant species, quantities, locations, size, spacing, and
density; and
5. Measures to protect and maintain plants until established.
A. These written specifications shall be accompanied by detailed site diagrams, scaled cross-
1. The proposed construction sequence, timing, and duration;
2. Grading and excavation details;
3. Erosion and sediment control features;
4. A planting plan specifying plant species, quantities, locations, size, spacing, and
density; and
5. Measures to protect and maintain plants until established.
A. These written specifications shall be accompanied by detailed site diagrams, scaled cross-
sectional drawings, topographic maps showing slope percentage and final Brade elevations, and
any other drawings appropriate to show construction techniques or anticipated final outcome.
D. MonitoringProgram.Themitigationplanshallincludeaprogramformonitoringconstructionof
the compensation project and for assessing a completed project. A protocol shall be included
outlining the schedule for site monitoring (for example, monitoring shall occur in years one,
three, five, and seven after site construction), and how the monitoring data will be evaluated to
determine if the performance standards are being met. A monitoring report shall be submitted
as needed to document milestones, successes, problems, and contingency actions of the
compensation project. The compensation project shall be monitored for a period necessary to
establish that peformance standards have been met, but not for a period less than five years.
E. ContingencyPIan.Themitigationplanshallincludeidentificationofpotentialcoursesofaction,
and any corrective measures to be taken if monitoring or evaluation indicates project
performance standards are not being met.
F. EstimatesofCost.Themitigationplanshallincludeanestimateofthecoststoimplementthe
required activities under the proposed plan to include both labor and materials. Any required
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financial guarantees shall be posted in accordance with Bonds Section to ensure mitigation,
maintenance, and monitoring.
1 S.515.140 Innovative mitigation.
A. The city should encourage, facilitate, and approve innovative mitigation projects that are based
on the best available science. Advance mitigation and mitigation bankin(; are examples of
alternative mitigation projects allowed under the provisions of this section wherein one or more
applicants, or an organization with demonstrated capability, may undertake a mitigation project
together if it is demonstrated that all of the following circumstances exist:
1. Creation or enhancement of a larger system of critical areas and open space is
preferable to the preservation of many individual habitat areas;
2. The applicant(s) demonstrates the organizational and fiscal capability to act
cooperatively;
3. The applicant(s) demonstrates that long-term management of the habitat area will
be provided; and
4. There is a clear potential for success of the proposed mitigation at the identified
mitigation site.
B. Conducting mitigation as part of a cooperative process does not reduce or eliminate the
required replacement ratios.
15.515.150 Determination.
The director shall make a determination as to whether the proposed activity and mitigation, if any, is
consistent with the provisions of this chapter. The director's determination shall be based on the criteria
of the Review criteria.
15.51S.160 Review criteria.
A. Any alteration to a criUcal area, unless otherwise provided for in this chapter, shall be reviewed
and approved, approved with conditions, or denied based on the proposal's ability to comply
with all of the following criteria:
1. The proposal minimizes the impact on critical areas in accordance with the Mitigation
sequencmg;
2. The proposal does not pose an unreasonable threat to the public health, safety, or
welfare on or off the development proposal site;
3. The proposal is consistent with the general purposes of this chapter and the public
interest;
4. Any alterations permitked to the critical area are mitigated in accordance with the
Mitigation requirements;
5. The proposal protects the critical area functions and values consistent with the best
available science and results in no net loss of critical area functions and values; and
6. The proposal is consistent with other applicable regulations and standards.
a. The city may condition the proposed activity as necessary to mitigate impacts to critical areas
and to conform to the standards required by this chapter.
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C. Standardbufferwidthsonlegallotsorparcelsrecordedpriortotheeffectivedateofthe
ordinance codified in this chapter may be reduced by the director upon the receipt and
consideration of a critical area report. In addition to the requirements of such critical area
report, the report shall include recommendations for the buffer width and mitigation from the
experienced, qualified professionaf who produced the critical area report, pmvided the
applicant for a development permit or other city approval demonstrates:
1. The lot was improved with a legally constructed structure prior to the effective date
of the ordinance codified in this chapter. Current or continued occupancy is not
required to meet this standard.
2. Thelegallyconstructedstructureiscurrentlypresentonthelotorwasremoved
pursuant to a demolition permit approved by the city prior to the effective date of
the ordinance codified in this chapter.
3. The existing buffer or critical area has been degraded by past legal land uses and is
currently in a degraded state.
4. Theapplicantmitigatesfortheproposedbuffertoresultinnonetlossofbuffer
funct'ons per best available science.
5. Theapplicantprovidesinthecriticalareasreportadiscussioncomparingthe
functions provided by the existing buffer and the functions provided by the proposed
buffer with mitigation demonstrating no net loss of function.
6. TheapplicantprovidesfortheprotecUonofthereestablishedbufferandcriticalarea
in perpetuity through one or more of the following measures:
i. Major and minor subdivisions, commercial, and multifamily residential
developments completed under this section shall dedicate all buffers and critical
areas as a critical area tract (held in an undivided interest by each owner of a
building lot within the development with the ownership interest passing with the
ownership of the lot, or held by an incorporated homeowners' association or land
trust (which ensures the ownership, maintenance, and protection ofthe tract)
recorded prior to the issuance of an occupancy permit or other final city approval.
ii. Subdivisions shall record a notice on the title ofaffected properties identifyingthe
presence and location of buffer widths and adjoining critical areas. Recording the
notice on title shall occur prior to occupancy permits or other final city approvals.
E. Exceptasprovidedforbythischapter,anyprojectthatcannotadequatelymitigateitsimpacts
to critical areas in the sequencing order of preferences shall be denied.
15.515.170 Report acceptance.
If the director determines that the proposed activity meets the criteria the Review criteria, and complies
with the applicable provisions ofthis chapter, the director shall prepare a written notice of
determination and identify any required conditions of approval. The notice of determination and
conditions of approval shall be included in the project file and be considered in the next phase ofthe
city's review of the proposed activity in accordance with any other applicable codes or regulations. Any
conditions of approval included in a notice of determination shall be attached to the underlying permit
or approval. Any subsequent changes to the conditions of approval shall void the previous
determination pending re-review of the proposal and conditions of approval by the director. A favorable
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determination should not be construed as endorsement or approval of any underlying permit or
approval.
15.51S.180 Report rejection.
If the director determines that a proposed activity does not adequately mitigate its impacts on the
critical areas and/or does not comply with the criteria in the Review criteria, and the provisions of this
chapter, the director shall prepare writken notice of the determination that includes findings of
noncompliance. No proposed activity or permit shall be approved or issued if it is determined that the
proposed activity does not adequately mitigate its impacts on the critical areas and/or does not comply
with the provisions of this chapter. Following notice of determination that the proposed activity does
not meet the review criteria and/or does not comply with the applicable provisions of this chapter, the
applicant may request consideration of a revised critical area report. If the revision is found to be
substantial and relevant to the critical area review, the director may reopen the critical area review and
make a new determination based on the revised report.
15.515.190 Completion of the critical area review.
The city's determination regarding critical areas pursuant to this chapter shall be final concurrent with
the final decision to approve, condition, or deny the development proposal or other activity involved.
15.515.200 Appeals.
Any decision to approve, condition, or deny a development proposal or other activity based on the
requirements of this chapter may be appealed according to, and as part of, the appeal procedure for the
permit or approval involved.
1S.S15.210 Variances.
A. Variances shall be processed in accordance with 15.235.030..
15.51S.215 Variances within frequently flooded areas.
A. Itisthedutyofthecitytohelpprotectitscitizensfromflooding.Thisneedissocompellingand
the implications of the cost of insuring a structure built below the base flood elevation are so
serious that variances from the flood elevation or from other requirements in this chapter are
quite rare. The long-term goal of preventing and reducing flood loss and damage can only be
met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter
are more detailed and contain multiple provisions that must be met before a variance can be
properly granted. The criteria are designed to screen out those situations in which alternatives
other than a variance are more appropriate.
A. Variances from the standards of this chapter may be authorized by the cityin accordance with
the procedures for a Type Ill permit. The hearing examiner shall review the request and make a
written finding that the request meets or fails to meet the variance criteria.
B. Requirements for Variances.
1. Variances shall only be issued:
i. Upon a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense,
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create nuisances, cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances;
ii. Upon a determination that the variance is the minimum necessary, considering
the fh>od hazard, to afford relief;
iii. Upon a showing of good and sufficient cause;
iv. uponadeterminationthatfailuretograntthevariancewouldresultin
exceptional hardship to the applicant;
v. Uponashowingthattheusecannotperformitsintendedpurposeunlessitis
located or carried out in close proximity to water. This includes only facilities
defined as "functionally dependent use."
2. Variancesshallnotbeissuedwithinanyfloodwayifanyincreaseinfloodlevels
during the base flood discharge would result.
3. Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size conug,uous to and
surrounded by lots with existing structures constructed below the base flood
elevation (BFE), provided the procedures set forth in frequently flooded areas
standards have been fully considered. As the lot size increases beyond one-half acre,
the technical justification required for issuing the variance increases.
C. VarianceCriteria.lnconsideringvarianceapplications,thecityshallconsideralltechnical
evaluations, all relevant factors, all standards specified in this chapter, and:
1. Thedangerthatmaterialsmaybesweptontootherlandstotheinjuryofothers;
2. Thedangertolifeandpropertyduetofloodingorerosiondamage;
3. Thesusceptibilityoftheproposedfacilityanditscontentstoflooddamageandthe
effect of such damage on the individual owner;
4. Theimportanceoftheservicesprovidedbytheproposedfacilitytothecommunity;
5. The necessity to the facility of a waterfront location, where applicable;
6. Theavailabilityofalternativelocationsfortheproposeduse,whicharenotsubjectto
flooding or erosion damage;
7. Thecompatibilityoftheproposedusewithexistingandanticipateddevelopment;
8. Therelationshipoftheproposedusetothecomprehensiveplanandfloodplain
management program for that area;
9. Thesafetyofaccesstothepropertyintimeoffloodforordinaryandemergency
vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site; and
11. Thecostsofprovidinggovernmentalservicesduringandafterfloodconditions,
including maintenance and repair of public utilities and facilities, such as sewer, gas,
electrical, water system, and streets and bridges.
D. AdditionalRequirementsforthelssuanceofaVariance.
1. Any applicant to whom a variance is granted shall be g,iven written nohce over the
signature ofthe director that:
i. TheissuanceofavariancetoconstructastructurebelowtheBFEwillresultin
increased premium rates for flood insurance for insurance coverage, and
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ii. Such construction below the BFE increases risks to life and property.
2. The floodplain administrator shall maintain a record of all variance actions, including
justification for their issuance.
3. The floodplain administrator shall condition the variance as needed to ensure that
the requirements and criteria ofthis chapter are met.
4. Variances as interpreted in the NFIP are based on the general zoning law principle
that they pertain to a physical piece of property; they are not personal in nature and
do not pertain to the structure, its inhabitants, economic or financial circumstances.
They primarily address small lots in densely populated residential neighborhoods. As
such, variances from flood elevations should be quite rare.
E. Time Limit. The city shall prescribe a time limit within which the action for which the variance is
required shall be commenced, completed, or both. Failure to begin and/or complete such acUon
within the established time limit shall terminate the variance.
F. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support
of the variance application and upon which any decision has to be made on the application.
15.515.220 Unauthorized critical area alterations and enforcement.
A. When a critical area or its buffer has been altered in violation of this chapter, all ongoing
development work shall stop and the critical area shall be restored. The city shall have the
authority to issue a stop work order to cease all ongoing development work, and order
restoration, rehabilitation, or replacement measures at the owner's or other responsible party's
expense to compensate for violation of provisions of this chapter.
B. Requirement for Restoration Plan. All development work shall remain stopped unt'l a
restoration plan is prepared. The plan is subject to approval by the city. Such a plan shall be
prepared by a qualified professional using the best available science and shall describe how the
actions proposed meet the minimum requirements described in subsection (C) ofthis section.
The director shall, at the violator's expense, seek expert advice in determining the adequacy of
the plan. Inadequate plans shall be returned to the applicant or violator for revision and
resubmittal.
C. Minimum Performance Standards for Restoration.
1. For alterations to frequently flooded areas, wetlands, and habitat conservation areas,
the following minimum performance standards shall be met for the restoration of a
critical area; provided, that if the violator can demonstrate that greater functional
and habitat values can be obtained, these standards may be modified:
i. The structural and functional values that existed prior to the unauthorized
alteration shall be restored, including water quality and habitat functions;
ii. The soil types and configuration that existed prior to the unauthorized alteration
shall be replicated;
iii. The disturbed critical area and buffers shall be replanted with vegetation in
species types, sizes, and densities chosen from an approved restoration plant list.
The functions and values that existed prior to the unauthorized alteration should
be replicated at the location of the alteration; and
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iv. Information demonstrating compliance with the requirements in the Mitigation
Plan requirements, shall be submitted to the director.
2. Foralterationstofloodandgeologicalhazards,thefollowingminimumperformance
standards shall be met for the restoration of a critical area; provided, that if the
violator can demonstrate that greater safety can be obtained, these standards may
be modified:
i. Thehazardshallbereducedtoalevelequalto,orlessthan,thepre-development
hazard;
ii. Anyriskofpersonalinjuryresultingfromthealterationshallbeeliminatedor
minimized; and
iii. The hazard area and buffers shall be replanted with native vegetation sufficient
to minimize the hazard.
D. Site Investigations. The director is authorized to make site inspections and take such actions as
are necessary to enforce this chapter. The director shall present proper credentials and make a
reasonable effort to contact any pmperty owner before entering onto any property which may
be subject to an investigation that could potentially lead to a critical area enforcement action.
15.515.230 Critical area markers and signs.
A. The boundary at the outer edge of critical area tracts, associated buffers and easements shall be
delineated with permanent survey stakes, using iron or concrete markers as established by local
survey standards.
B. Theseprovisionsmaybemodifiedbythedirectorasnecessarytoensureprotectionofsensitive
features or wildlife needs.
15.515.240 Notice on title.
A. lnordertoinformsubsequentpurchasersofrealpropertyoftheexistenceofcriticalareas,the
owner of any property containing a critical area or buffer on which a development proposal is
submitted shall recard a notice with the county auditor. The notice shall state the presence of
the critical area or buffer on the property, the application ofthis chapter to the property, and
the fact that limitations on actions in or affecting the critical area or buffer may exist. The nouce
shall "run with the land."
B. Theapplicantshallsubmitproofthatthenoticehasbeenfiledforpublicrecordbeforethecity
approves any site development or construction for the property or, in the case of subdivisions,
short subdivisions, planned unit developments, and binding site plans, at or before recording.
15.515.250 Critical area tracts.
A. Critical area tracts shall be used in development proposals for subdivisions, short subdivisions,
and binding site plans to delineate and protect those cont'guous critical areas and buffers:
1. All landslide hazard areas and buffers;
2. All wetlands and buffers;
3. Allhabitatconservationareas;and
4. All other lands to be protected from alterations as conditioned by project approval.
B. Critical area tracts shall be recorded on all documents of title of record for all affected lots.
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C. Critical area tracts shall be designated on the face of the plat or recorded drawing in a format
approved by the city atkorney. The designation shall include the following restriction:
1. An assurance that native vegetation will be preserved for the purpose of preventing
harm to property and the environment, including, but not limited to, controlling
surface water runoff and erosion, maintaining slope stability, buffering, and
protecting plants, fish, and animal habitat; and
2. The right of the city to enforce the terms of the restriction.
o. The city may require that any required critical area tract be dedicated to the city, held in an
undivided interest by each owner of a building lot within the development with the
ownership interest passing with the ownership of the lot, or held by an incorporated
homeowners' association or land trust (which ensures the ownership, maintenance, and
protection of the tract).
1S.S1S.260 Bonds to ensure mitigation, maintenance, and monitoring.
A. Whenmitigationrequiredpursuanttoadevelopmentproposalisnotcompletedpriortothecity
final permit approval, such as final plat approval or final building inspection, the city shall
require the applicant to post a performance bond or other security in a form and amount
deemed acceptable by the city. If the development proposal is subject to mitigation, the
applicant shall post a mitigation bond or other security in a form and amount deemed
acceptable by the city to ensure mitigation is fully functional.
B. The bond shall be in the amount of 125 percent of the estimated cost of the uncompleted
actions or the estimated cost of restoring the functions and values of the critical area that are at
risk, whichever is greater.
C. The bond shall be in the form of a surety bond, performance bond, assignment of savings
account, or an irrevocable letter of credit guaranteed by an acceptable financial institution, with
terms and conditions acceptable to the city atkorney and with a company authorized to do
business in the state of Washington.
D. Bonds or other security authorized by this section shall remain in effect until the city
determines, in writing, that the standards bonded for have been met. Bonds or other security
shall be held by the city for a minimum of five years to ensure that the required mitigation has
been fully implemented and demonstrated to function, and may be held for longer periods
when necessary.
E. Depletion, failure, or collection of bond funds shall not discharge the obligation of an applicant
or violator to complete required mitigation, maintenance, monitoring, or restoration.
F. Public development proposals shall be relieved from having to comply with the bonding
requirements of this section if public funds have previously been committed for mitigation,
maintenance, monitoring, or restoration.
G. Any failure to satisfy critical area requirements established by law or condition including, but not
limited to, the failure to provide a monitoring report within 30 days after it is due or comply
with other provisions of an approved mitigation plan shall constitute a default, and the city may
demand payment of any financial guarantees or require other action authorized by the city code
or any other law.
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H. Anyfundsrecoveredpursuanttothissectionshallbeusedtocompletetherequiredmitigation
and reimburse the city for its costs relating to the enforcement action.
15.515.270 Critical area inspections.
Reasonable access to the site shall be provided to the city, state, and federal agency review staff for the
purpose of inspections during any proposal review, restoration, emergency action, or monitoring period.
15.515.280 Enforcement and penalties.
A. Rights of Entry.
1. ForPermittingorlnspectionofWorkConductedunderPermit.Wheneveraperson
applies for a permit or approval under any section of this chapter, the director shall
have a limited right of entry to conduct studies necessary to determine whether to
approve the proposal or to inspect work being conducted under the permit or
approval. The property owner's failure to grant permission for the director to enter
the property shall be grounds for denial of the permit or issuance of a stop work
order.
2. To Investigate Violations and Corrections. The director is authorized to enter upon
property to determine whether the provisions of this chapter are being obeyed and
to make any examinations, surveys, and studies as may be necessary in the
performance of his or her duties. The director shall obtain the property owner's
permission prior to entry. If the property owner declines to give permission or cannot
be located, the director shall enter upon the property onlyin a manner consistent
with the consUtutions and laws of the United States and the state of Washington. If
so required by the constitutions and laws of the united States and the state of
Washington, the director shall apply to a court of competent jurisdiction for a search
warrant authorizing access to such property for such purpose.
1. .
B. Stop Work Orders.
1. Wheneveranyworkordevelopmentisbeingdoneoruseisbeingconducted
contrary to the provisions of this chapter, the director may issue a stop work order
requiring that all work on the project be stopped or that the use be discontinued.
2. lssuanceofastopworkordershallnotbartheimpositionofacivilorcriminal
penalty under this chapter or the use of any other provision of this chapter.
3. ltisunlawfulforanypersonwithactualorconstructiveknowledgeoftheissuanceof
a stop work order pursuant to this chapter to do work or an activity prohibited by the
order until the director has removed or lifted the order and issued written
authorization for the work or activity to be continued.
4. Any person issued a stop work order who believes the issuance of such order was the
result of a mistaken determination may appeal its issuance at an informal hearing
before the director or his designee. To be timely, such appeal shall be filed in writing
at the community development department within five business days of the date of
issuance of the stop work order. The hearing will be conducted within three business
days of the director's receipt ofthe written appeal, unless the appellant requests
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additional time not to exceed 10 business days following receipt of the appeal. At the
hearing, the appellant will be provided:
i. An explanation of, and opportunity to ask questions about, the reasons for and
evidence supporting issuance of the stop work order;
ii. An opportunity to give any statements, reasons or documentation, personally or
through others, explaining why the order was wrongfully or mistakenly issued;
iii. Anopportunitytoidentifyanymitigatingcircumstancestheappellantbelieves
would justify withdrawal of the order; and
iv. The right to have legal counsel present. The director shall issue a written decision
within five days following the conclusion of the hearing.
C. Remedies Not Exclusive - Nuisance.
The remedies prescribed in this chapter are in addition to all other remedies
provided or authorized by law. The enforcement official or his or her designee may
enforce the provisions of this title through any enforcement provisions herein, in
Chapter ??? or any other applicable provision of the City of Moses Lake City Code or
state law.
2. Any development carried out contrary to the provisions of this chapter shall
constitute a public nuisance and may be abated as provided by code or by the
statutes of the state of Washington.
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Chapter 15.520
GENERAL PROVISIONS
15.520.020Authority.
A. As provided herein, the director is given the authority to interpret and apply, and the
responsibility to enforce, this chapter to accomplish the stated purpose.
B. Thecitymaywithhold,condition,ordenydevelopmentpermitsoractivityapprovalstoensure
that the prr>posed action is consistent with this chapter.
15.520.030 Relationship to other regulations.
A. These critical areas regulations shall apply as an overlay and in addition to zoning and other
regulations adopted by the city.
B. Any individual critical area adjoined by another type of critical area shall have the buffer and
meet the requirements that provide the most protection to the critical areas involved. When
any provision of this chapter or any existing regulation, easement, covenant, or deed restriction
conflicts with this chapter, that which provides more protection to the critical areas shall apply.
C. Whereapplicable,thesecriticalareasregulationsshallapplyconcurrentlywithreview
conducted under the State Environmental Policy Act (SEPA), as locally adopted. Any conditions
required pursuant to this chapter shall be included in the SEPA review and threshold
determination.
D. Compliancewiththeprovisionsofthischapterdoesnotconstitutecompliancewithother
federal, state, and local regulations and permit requirements that may be required (for example,
Shoreline Substantial Development Permits, Hydraulic Permit Act (HPA) permits, Section 106 of
the National Historic Preservation Act, u.s. Army Corps of Engineers Section 404 permits,
National Pollution [)ischarge Elimination System permits). The applicant is responsible for
complying with these requirements, apart from the process established in this chapter.
15.520.OSO Fees.
A. Thecitycouncilshallestablishfeesforfilingofacriticalareainformationform,criticalarea
review processing, and other services provided by the city as required by this chapter. These
fees shall be based on the anticipated sum of direct costs incurred by the city for any individual
development or achion and may be established as a sliding scale that will recover all ofthe city
costs including the enforcement of these code provisions. The bases for these fees shall include,
but not be limited to, the cost of engineering and planning review time, cost of inspection time,
costs for administration, and any other special costs attributable to the critical area review
process.
B. Unlessotherwiseindicatedinthischapter,theapplicantshallberesponsiblefortheinitiation,
preparation, submission, and expense of all required reports, assessment(s), studies, plans,
reconnaissance(s), peer review(s) by qualified professionals, and other work prepared in support
of or necessary to review the application.
15.520.060 Severability.
If any clause, sentence, paragaph, section, or part of this chapter or the application thereof to any
person or circumstances shall be judged by any court of competent jurisdiction to be invalid, such
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order or judgment shall be confined in its operation to the controversyin which it was rendered.
The decision shall not affect or invalidate the remainder of any part thereof and to this end the
provisions of each clause, sentence, paragraph, section, or part of this chapter are hereby declared
to be severable.
15.S20.070 Interpretation.
In the interpretation and application of this chapter, the provisions of this chapter shall be
considered to be the minimum requirements necessary, shall be liberally construed to serve the
purpose of this chapter, and shall be deemed to neither limit nor repeal any other provisions under
state statute.
15.520.080 Jurisdiction - Critical areas.
A. The city shall regulate all uses, activities, and developments within, adjacent to, or likely to
affect, one or more critical areas, consistent with the best available science and the provisions
herein.
B. Cri5cal areas regulated by this chapter include:
1. Wetlands;
2. Frequently flooded areas;
3. Critical aquifer recharge areas;
4. Geologically hazardous areas; and
5. Fish and wildlife habitat conservation areas.
lA.ny approyial of alterahons or impacts to crihcal area shall bc supportcd bi,' thc bist .ivailablc
scicncc. WDrW l'riorit',' Habitats and Spcciis P,4anaI;cmcnt nacommindations stc J source of
[fc';t.',vailablc ScicnJ
C. All areas within the city meeting the definition of one or more critical areas, regardless of any
formal identification, are hereby designated critical areas and are suJect to the provisions of
this chapter.
Commented [PED(1]: WDFW would like to see inclusion
of our PHS Management Recommendations, as amended,
for performance standards included in the code update, not
just for shrubsteppe. This section would be betker moved to
either 15.520.100 or to 15.530.
15.520.090 Protection of critical areas.
A. Anyactiontakenpursuanttothischaptershallresultinatleastequivalentfunctionsandvalues
of the critical areas associated with the proposed action, as determined by the best available
science. All actions and developments shall be designed and constructed in accordance with the
Mitigation sequencing. Applicants must first demonstrate an inability to avoid impacts before
restoration and compensation ofimpacts will be allowed. No activity or use shall be allowed
that results in a net loss of the functions or values of critical areas.
B. This chapter shall be interpreted to ensure, among other things, that no harm shall occurin
critical areas as a result of activities and developments, but it shall not require enhancement of
critical areas where such critical areas were degraded prior to the proposed land use activity or
development, or where previously existing critical areas no longer exist.
15.520.100 Best available science.
A. iProtect Functions and Values of Critical Areas with Special Consideration to Anadromous Fish.
Critical area reports and decisions to alter critical areas shall rely on the best available science to
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scientific information applicable to the critical area prepared by local, state, or federal natural
resource agencies, a qualified scientific professional, or team of qualified scientific professionals,
that is consistent with criteria established in WAC 365-195-900 through 365-195-925.
B.iC. Any approval of alterations or impacts to critical area shall be supported by the best
available science. WDFW Priority Habitats and Species List, Map and Management
Recommendat'ons are a source of Best Available Science.
COML Council Packet 6-11-24, Page 41 of 713
Chapter 15.525
WETLANDS
1S.525.010 Identification and rating of wetlands
A. Identification and Delineation. Identification of wetlands and delineation of their boundaries
pursuant to this chapter shall be done in accordance with the approved federal wetland
delineation manual and applicable regional supplements. All areas within the city meeting the
wetland designation criteria in that procedure are hereby designated critical AREAS and are
subject to the provisions of this chapter.
B. Wetland Ratings. Wetlands shall be rated accordingto the Washington State Department of
Ecology wetland rating system found in the Washington State Wetland Rating System for
Eastern Washington (Publication No. 14-06-030, Hruby, T., 2014, or as may be subsequently
revised by Ecology). These documents contain the definitions and methods for determining if
the criteria below are met.
1. Wetland Rating Categories.
i. Category 1. Category I wetlands are those that represent a unique or rare wetland
type, are more sensitive to disturbance than most wetlands, are relatively
undisturbed and contain ecological atkributes that are impossible or too difficult
to replace within a human lifetime, and provide a high level of functions. iExample
s of Category l: Alkali wetlands; Wetlands of high conservation value that are
identified by scientist of the Washington Natural Heritage program/DNR; Bogs and
calcareous fens; Mature and old growth forested wetlands over a quarter of an
acre with slow growing trees; Forested wetlands with stands of aspen; Wetlands
scoring between 22 and 27 points in the Eastern Washington Wetland Rating
System).
ii. Category II. Category II wetlands are difficult, though not impossible, to replace,
and provide high levels of some functions. These wetlands occur more commonly
than Category I wetlands, but still need a relatively high level of protection
(Example s of Category II wetlands include: Forested wetlands in the floodplains of
rivers; Mature and old growth forested wetlands over a quarter of an acre with
native fast growing trees; Vernal pools; or Wetlands scoring between 19 and 21
points in the Eastern Washington Wetland Rating System).
iii. Categorylll.Categorylllwetlandshaveamoderateleveloffunctions(scores
between 16 and 18 points). These wetlands can often adequately be replaced with
a well-planned mitigation project. Wetlands scoring between 16 to 18 points
generally have been disturbed in some way, and are often less diverse and more
isolated from other natural resources in the landscape than Category II wetlands.
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iv. CategorylV.CategorylVwetlandshavethelowestlevelsoffunctions,scoringless
than 16 points in the Eastern Washington Rating System, and are often heavily
disturbed. These are wetlands that should be able to be replaced and in some
cases improved. These wetlands may provide some important functions, and also
need to be protected.
2. DateofWetlandRating.Wetlandratingcategoriesshallbeappliedasthewetland
exists on the date of adoption ofthe rating system by the local government, as the
wetland naturally changes thereafter, or as the wetland changes in accordance with
permitted activities. Wetland rating categories shall not change due to illegal
modifications.
D. Mapping.TheNationalWetlandlnventoryprovidestheapproximatelocationandextentof
potential wetlands as shown in the city's geographic system data. Other maps may also be used
as they are developed and subsequently adopted by the city. Soil maps produced by u.s.
Department ofAgriculture National Resources Conservafion Service may be useful in helping to
identify potential wetland areas. These maps are to be used as a guide for the city, project
applicants, and/or property owners, and may be continuously updated as new critical areas are
identified. They are a reference and do not provide a final critical area designation.
E. The exact location of a wetland shall be determined through site visits and identified wetlands
shall have their boundaries delineated for regulation consistent with the requirements of this
section.
15.525.020 Criticalareareport-Additionalrequirementsforwetlands.
A. Except when located within the Shoreline Jurisdiction, all critical areas located within 300 feet of
the project area that have been designated by the city and are shown on city, state, or federal
government agency maps and/or reports shall be addressed in a critical area report for
wetlands. Wetlands within the Shoreline Jurisdiction that are located within the first 10 feet of
the Ordinary High Water Mark shall meet the Shoreline Master Program standards, and are
exempt from this chapter.
B. WetlandAnalysis.Awrittenassessmentofthewetland,theappropriatewetlandtype,and
required buffer under the provisions of this chapter.
C. The director may require additional information to be included in the critical area report when
determined to be necessary for the review of the pmposed activity. Additional information for
wetlands that may be required includes, but is not limited to, the following:
1. Vegetative, faunal, and hydrologic characteristics;
2. Soil and substrate characteristics;
3. Topographic elevations;
4. Adiscussionofwatersourcessupplyingthewetlandanddocumentationofthehydrologic
regime. Such discussion shall include an analysis of existing and future hydrologic regimes
and proposed hydrologic regime for enhanced, created, or restored mitigation areas, if
provided for in the project.
15.S25.030 Performance standards - General requirements.
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A. Activities may only be permitted in a wetland or wetland buffer if the applicant can show that
the proposed activity will not degrade the funcUons and functional performance of the wetland
and other critical areas.
B. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in
this chapter.
C. Category I Wetlands. Activities and uses shall be prohibited from Category 1, except as provided
for in the public agency and utility exception, reasonable use exception, and variance sections of
this chapter.
D. Category II, Ill, and IV Wetlands. Activities and uses that result in unavoidable and necessary
impacts may be permitted in Cate(;ory II, Ill, and IV wetlands and associated buffers in
accordance with an approved critical area report and mitigation plan, but only if the proposed
activity is the only reasonable alternative that will accomplish the applicant's objectives. Full
compensation for the acreage and loss functions will be provided under the terms established
under Performance standards - Compensatory mitigation requirements (F) and (G).
E. Wetland Buffers. The following buffer widths have been established in accordance with the best
available science. They are based on the category of wetland and habitat score as determined
by a qualified wetland professional using the Washington State Wetland Rating System for
Eastern Washington: 2014 Update (Ecology Publication No. 14-06-030, Hruby, T., or as may
subsequently be revised by Ecology). The adjacent land use intensity is assumed to be high or
moderate, see Table Wetland Buffer Requirements.
1. The buffer widths in Table Wetland Buffer Requirements assume that the buffer is
vegetated with a native plant community appropriate for the ecoregion. If the
existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species
that do not perform needed functions, the buffer should either be planted to create
the appropriate plant community or the buffer should be widened to ensure that
adequate functions of the buffer are provided.
Measurement of Wetland Buffers. All buffers shall be measured from the wetland
boundary as surveyed in the field. The width of the wetland buffer shall be
determined according to the wetland category. The buffer for a wetland created,
restored, or enhanced as compensation for approved wetland alterations shall be
the same as the buffer required for the category of the created, restored, or
enhanced wetland. Only fully vegetated buffers will be considered. Lawns, walkways,
driveways, and other mowed or paved areas will not be considered buffers.
Increased Wetland Buffer Widths. In those situations in which a SEPA checklist
discloses that the above buffer widths may not be sufficient to mitigate the
significant adverse environmental impacts of the proposal on the wetland, the
director may invoke the procedures in WAC 197-11-158. The director may require
increased buffer widths in accordance with the recommendations of the
experienced, qualified professional wetland scientist who produced the required
critical areas report and best available science on a case-by-case basis when a larger
buffer is necessary to protect wetland functions and values based on site-specific
characteristics. The increased buffer width shall not exceed a maximum of 100
percent increase over the buffer width that would otherwise be required by this
2.
3.
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subsection. This determination shall be based on one or more of the following
criteria :
i. Alarger buffer is needed to protect other critical areas;
ii. Thebufferoradjacentuplandshaveaslopegreaterthanl5percentoris
susceptible to erosion and standard erosion-control measures will not prevent
adverse impacts to the wetland;
iii. The buffer area has minimal vegetative cover. In lieu of increasing the buffer width
where existing buffer vegetation is inadequate to protect the wetland functions
and values, implementation of a buffer planting plan may substitute. Where a
buffer planting plan is proposed, it shall include densities that are not less than
three feet on center for shrubs and eight feet on center for trees and require
monitoring and maintenance to ensure success. Existing buffer vegetation is
considered inadequate and will need to be enhanced through additional native
plantings and (if appropriate) removal of nonnative plants when:
a. Nonnative Or invasive plant species provide the dominant cover,
b. Vegetation is lacking due to disturbance and wetland resources could be
adversely affected, or
c. Enhancementplantingsinthebuffercouldsignificantlyimprovebuffer
functions;
iv. Thestandardbufferislessthanthatwhichisnecessarytoprotectdocumented
endangered, threatened, or sensitive wildJife species which have a primary
association with the wetland;
v. The wetland contains plants listed as sensitive, threatened, or endangered;
vi. Theproposeddevelopmentdensityisgreaterthantwoormoreresidentialunits
per acre and abuts a Category I or II wetland with high habitat value of 19 to 27
points obtained in the wetland critical areas report; or
vii. Thewetlandisassociatedwithastreamsegmentonthe303(d)Iistforpollutants,
or has a total daily maximum load for sediment or temperature and the proposal
includes removal oftrees and shrubs or untreated stormwater runoff.
5. Wetland Buffer Width Averaging. The director may allow modification of the
standard wetland buffer width in accordance with an approved critical area report
and the best available science on a case-by-case basis by avera@ing, buffer widths.
Averaging of buffer widths may only be allowed where a qualified professional
wetland scientist demonstrates that:
i. It will not reduce wetland functions or functional performance;
ii. The wetland contains variations in sensitivity due to existing physical
characteristics or the character of the buffer varies in slope, soils, or vegetation,
and the wetland would benefit from a wider buffer in places and would not be
adversely impacted by a narrower buffer in other places;
iii. The total area contained in the buffer area after averaging is no less than that
which would be contained within the standard buffer; and
iv. Thebufferwidthisnotreducedtolessthan50percentofthestandardwidth.
6. Interrupted Buffer.
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COML Council Packet 6-11-24, Page 45 of 713
i. Where a legally established, preexisting use of the buffer exists, those proposed
activities that are within the wetland or stream buffer, but are separated from the
critical area by an exist'ng permanent substantial improvement, which serves to
eliminate or greatly reduce the impact of the proposed activity upon the critical
area, are exempt; provided, that the detrimental impact to the critical area does
not increase. However, if the impacts do increase, the city shall determine if
additional buffer may be required along the impact area of the interruption.
Substantial improvements may include developed public infrastructure such as
roads and railroads. Substantial improvements may not include paved trails,
sidewalks, or parking areas. An allowance for activity in an interrupted buffer may
require a critical areas report for the type of critical areas buffer that is affected. In
determining whether a critical areas report is necessary, the city shall consider the
hydrologic, geologic and/or biological habitat connection potential and the extent
and permanence of the interruption.
ii. Where a legally established, preexisting structure or use is located within a
regulated wetland or stream buffer and where the regulated buffer is fully paved
and does not conform to the interrupted buffer provision above, the buffer will
end at the edge of the pavement, adjacent to the wetland or stream.
7. Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer
requirements of this chapter.
8. Buffer Maintenance. Except as otherwise specified or allowed in accordance with
this chapter, wetland buffers and buffers of mitigation sites shall be retained in an
undisturbed condition, or shall be maintained as enhanced pursuant to any required
permit or approval. Removal of invasive nonnative weeds is required for the
duration of the mitigation bond.
9. Buffer Llses. The following uses may be permitted within a wetland buffer in
accordance with the review procedures of this chapter, provided they are not
prohibited by any other applicable law and they are conducted in a manner so as to
minimize impacts to the buffer and adjacent wetland:
i. Conservation and Restoration Activities. Conservation or restoration activities
aimed at protecting the soil, water, vegetation, or wildlife.
ii. Passive Recreation. Passive recreation facilities designed in accordance with an
approved critical area report, including:
a. Walkways and trails; provided, that those pathways which are generally
parallel to the perimeter of the wetland shall be located in the outer 25
percent of the buffer area, and constructed with a surface that does not
interfere with the permeability. Raised boardwalks utilizing nontreated pilings
area may be acceptable;
b. Wildlife viewing structures; and
c. Fishin@ access areas down to the water's edge that shall be no larger than six
feet.
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iii. Stormwater Management Facilities. Stormwater management facilities, limited ta
stormwater dispersion outfalls and bioswales, may be allowed within the outer 25
percent of the buffer of Category Ill or IV wetlands only; provided, that:
a. No other location is feasible; and
b. Thelocationofsuchfacilitieswillnotdegradethefunctionsorvaluesofthe
wetland. Stormwater management facilities are not allowed in buffers of
Category I or II wetlands.
Table Wetland Buffer Requiremei its
Wetland Category Buffer Width in feet
Category I 100
Category II 100
Category Ill 25
Category IV 10
Category V 5
Performance standards -Required Measures to Minimize Impacts to Wetlands
The following Measures are required, where applicable to a specific proposal:
Disturbance Required measures to minimize impacts
Lights Direct lights away from wetland
Noise Locate activity that generates noise away from
wetland.
If warranted, enhance existing buffer with
native vegetation plantfngs adjacent to noise
source.
For activities that generate relatively
continuous, potentially disruptive noise, such
as certain heavy industry or mining, establish
an additional 10-foot heavily vegetated buffer
strip immediately adjacent to the outer
wetland buffer.
Toxic runoff Route all new, untreated runoff away from
wetland while ensuring wetland is not
dewatered.
Establish covenants limiting use of pesticides
within 150 feet of wetland.
Apply integrated pest management.
Stormwater runoff Retrofit stormwater detention and treatment
for roads and existing adjacent development.
Prevent channelized flow from lawns that
directly enters the buffer.
Use low intensity development techniques.
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COML Council Packet 6-11-24, Page 47 of 713
Change in water regime Infiltrate or treat, drain, and disperse into
buffers new runoff from impervious surfaces
and new lawns.
Pets and human disturbance Use privacy fencing or plant dense vegetation
to delineate buffer edge and to discourage
disturbance using vegetation appropriate for
the ecoregion.
Place wetland and its buffer in a separate tract
or protect with a conservation easement.
Dust Use best management practices to control dust
F. Signs and Fencing of Wetlands.
1. Temporary Markers. The outer perimeter of the wetland and buffer and the limits of
those areas to be disturbed pursuant to an approved permit Or authorization shall be
marked in the field in such a way as to ensure that no unauthorized intrusion will
occur and is subject to inspection by the director prior to the commencement of
permitted acUvities. The director shall have the authority to require that temporary
fencing be placed on-site to mark the outer perimeter of the wetland and its
associated buffer area. This temporary marking, and any required temporary
fencing, shall be maintained throughout construction and shall not be removed until
permanent signs, if required, are in place.
2. PermanentSigns.Asaconditionofanypermitorauthorizationissuedpursuantto
this chapter, the director shall require the applicant to install permanent signs along
the boundary of a wetland or buffer.
i. Permanent signs shall be made of a metal face with a green color background and
white letters; attached to a metal post, or another nontreated material of equal
durability; made with a sign face no smaller than one foot by one foot square and
no larger than two feet by two feet square; and mounted with the bottom of the
sign face no less than three feet above and no more than five feet above adjacent
grade. Signs must be posted at a minimum of one per lot of record, or on large
parcels every 100 feet, or additional signs as required by the director and must
remain unobstructed and be maintained by the property owner in perpetuity. The
sign(s) shall be worded as follows or with alternative language approved by the
director:
Protected Critical Area
Do Not Disturb
Contact the city of Moses Lake
Regarding Uses and Restriction
ii. The provisions of subsection (F%2%i) of this section may be modified by the
director as necessary to assure protection of sensitive features or wildlife.
15.525.040 Performancestandards-Compensatorymitigationrequirements.
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Compensatory mitigation for alterations to wetlands shall achieve equivalent or greater biologic
functions. Compensatory mitigation plans shall be consistent with the State Department of Ecology
Wetland Mitigation in Washington State - Part 2: Developing Mitigation Plans, 2006, or as may be
subsequent(y revised.
A. Mitigation shall be required in the following order of preference:
1. Avoidingtheimpactaltogetherbynottakingacertainactionorpartsofanaction.
2. Minimizingimpactsbylimitingthedegreeormagnitudeoftheactionandits
implementation, by using appropriate technology, Or by taking affirmative steps to
avoid or reduce impacts.
3. Rectifyingtheimpactbyrepairing,rehabilitating,orrestoringtheaffected
environment.
4.
5.
Reducing or eliminating the impact over time by preservation and maintenance
operations.
Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments.
B. MitigationforAffectedFunctionsorFunctionsLostasaResultoftheProposedActivity.
Compensatory mitigation actions shall address functions affected by the alteration to achieve
functional equivalency or improvement and shall provide similar wetland functions as those lost
by the proposed activity, except when:
1. The lost wetland provides minimal functions as determined by a site-specific
function assessment, and the proposed compensatory mitigation action(s) will
provide equal or greater functions or will provide functions shown to be limiting
within a watershed through a formal Washington State watershed assessment plan
or protocol; or
2. Out-of-kindreplacementwillbestmeetformallyidentifiedwatershedgoals,suchas
replacement of historically diminished wetland types.
C. PreferenceofMiti@ationActions.Mitigationactionsthatrequirecompensationbyreplacing,
enhancing, or substitution shall occur in the following order of preference:
1. Restoring wetlands on upland sites that were formerly wetlands.
2. Creating wetlands on disturbed upland sites such as those with vegetative cover
consisting primarily of nonnative introduced species. This should only be attempted
when there is a consistent source of hydrology and it can be shown that the surface
and subsurface hydrologic regime is conducive for the wetland community that is
being designed.
3. Enhancing or rehabilitating significantly degraded wetlands. Such enhancement or
rehabilitation should be part of a mitigation package that includes replacing the
impacted area meeting appropriate ratio requirements.
D. TypeandLocationofMitigation.LInlessitisdemonstratedthatahigherlevelofecological
functioning would result from an alternate approach, compensatory mitigation for ecological
functions shall be either in-kind and on-site, or in-kind and within the same stream reach,
subbasin, or drift cell. Mitigation actions shall be conducted within the same subdrainage basin
and on the site as the alteration except when all of the following apply:
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COML Council Packet 6-11-24, Page 49 of 713
1.
2.
3.
There are no reasonable on-site or in-subdrainage basin opportunities or on-site and
in-subdrainage basin opportunities do not have a high likelihood of success, after a
determination of the natural capacity of the site to mitigate for the impacts.
Consideration should include: anticipated wetland mitigation replacement ratios,
buffer conditions and proposed widths, hydrogeomorphic classes of on-site wetlands
when restored, proposed flood storage capacity, potential to mitigate riparian fish
and wildlife impacts (such as connectivity);
Off-site mitigation has a greater likelihood of providing equal or improved wetland
functions than the impacted wetland; and
Off-site locations shall be in the same subdrainage basin unless:
Established watershed goals for water quality, flood or conveyance, habitat, or
other wetland functions have been established and strongly justify location of
mitigation at another site; or
ii. Credits from a state certified wetland mitigation bank are used as mitigation and
the use of credits is consistent with the terms of the bank's certification.
E. Mitigation Timing. Mitigation projects shall be completed with an approved monitoring plan
prior to activities that will disturb wetlands. In all other cases, mitigation shall be completed
immediately following disturbance and prior to use or occupancy of the activity or development.
Construction of mitigation projects shall be timed to reduce impacts to existing fisheries,
wildlife, and flora.
1. The director may authorize a one-time temporary delay, up to 120 days, in
comple5ng minor construction and landscaping when environmental conditions
could produce a high probability of failure or significant construction difficulties.
The delay shall not create or perpetuate hazardous conditions or environmental
damage or degradation, and the delay shall not be injurious to the health,
safety, and general welfare of the public. The request for the temporary delay
must include a writken justification that documents the environmental
constraints which preclude implementation ofthe mitigation plan. The
justification must be verified and approved by the city and include a financial
guarantee (bond).
F. Mitigation Ratios.
1. Acreage Replacement Ratios. The following ratios shall apply to creation or re-
establishment, rehabilitation, or enhancement that is in-kind, is on-site, is the same
category, is timed prior to or concurrent with alteration, and has a high probability of
success. These ratios do not apply to remedial actions resulting from unauthorized
alterations; greater ratios shall apply in those cases. These RATIOS do not apply to the
use of credits from a state certified wetland mitigation bank. When credits from a
certified bank are used, replacement ratios should be consistent with the
requirements of the bank's certification.
Table Wetland Mitigatior Ratios
Category and Type of
Wetland
Creation or Re-
establishment
Rehabilitation Enhancement
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Category l: Bog,
natural heritage site
Not considered
possible
Case by case Case by case
Category I: forested 6:1 12:1 24:1
Category I: Based on
function
4:1 8:1 16:1
Cate@ry II 3:1 6:1 12:1
Category Ill 2:1 4:1 8:1
Category IV 1.5:1 3:1 6:1
2. IncreasedReplacementRatio.Thedirectormayincreasetheratiosunderthe
following circumstances:
i. Uncertaintyexistsastotheprobablesuccessoftheproposedrestorationor
iii. Proposed mitigation will result in a lower category wetland or reduced functions
relative to the wetland being impacted; or
iv. The impact was an unauthorized impact.
G. Wetland Mitigation Banks.
1. Credits from a wetland miUgation bank may be approved for use as compensation
for unavoidable impacts to wetlands when:
i. The bank is certified under Chapter 173-700 WAC;
ii. Thedirectordeterminesthatthewetlandmitigationbankprovidesappropriate
compensation for the authorized impacts; and
iii. Theproposeduseofcreditsisconsistentwiththetermsandconditionsofthe
bank's certification.
Replacement ratios for projects using bank credits shall be consistent with
replacement ratios specified in the bank's certification.
Credits from a certified wetland mitigation bank may be used to compensate for
impacts located within the service area specified in the bank's certification. In some
cases, bank service areas may include portions of more than one adjacent drainage
basin for specific wetland functions.
creation;
ii. Asignificantperiodoftimewillelapsebetweenimpactandreplicationofwetland
functions;
Pace
COML Council Packet 6-11-24, Page 51 of 713
Chapter 15.530
FISH AND WILDLIFE H ABIT AT CONSERV ATION AREA
15.530.010 Designation of fish and wildlife habitat conservation areas.
A. Fish and wildlife habitat conservation areas include:
1. Areaswithwhichstateorfederallydesignatedendangered,threatened,andsensitive
species have a primary association.
Fish and Wildlife Habitat Areas - areas which, in a natural state, serve as an
important habitat fOrlOCall7 important species, including, but net limited tO,
riparian ecosystems, naturally occurring ponds under twenty (20) acres; or areas
in which rare, threatened, or endangered species have a primary association.
Federally designated endangered and threatened species are those fish and
wildlife species identified by the u.s. Fish and Wildlife Service and the National
Marine Fisheries Service that are in danger of extinction or threatened to become
endangered. The u.s. Fish and Wildlife Service and the Nat'onal Marine Fisheries
Service should be consulted for current listing status.
State designated endangered, threatened, and sensitive species are those fish and
wildlife species native to the state of Washington and identified by the
Washington Department of Fish and Wildlife, which are in danger of extinction,
threatened to become endangered, vulnerable, or declining and are likely to
become endangered or threatened in a significant portion of their range within
the state without cooperative management or removal of threats. State
designated endangered, threatened, and sensitive species are periodically
recorded in WAC 232-12-014 (state endangered species) and WAC 232-12-011
(state threatened and sensitive species). The State Department of Fish and
Wildlife maintains the most current listing and should be consulted for current
listing status.
2. 2tati priority liabitatr; and arcas asrociatid v,'ith rtatc priarity rpccicr, as amended.
rriorit',' liabitati and spacics arc conr.idcrcd to bc priormcr for consarvahon and
to thrn populztion sta(us, scnsm'.'it',' to habit.it altsrauon, and/or racrcational,
with umque O( sigmficant ii;'ikic to (l di'.'e:'se assembl:a.gc cf species r'. pricnty liabit.;t
ma',' consr'.t ofa umquc vcgatahon t','pc or dominan( plant rptciis, a dcrmbcd
succcssional stage, or a specific stnictural clcmint t'rioi-ity habitat's and sp(!CIC!!, ari
identified thcSta(c Dcp.irtwcnt of rish and 'A'ildlifa's r'riority Habit;its and Species, as
idenfihed Witlll n the Wa ShllJ%tOn State Depa rtn'ien t 01 Fish a nd WildliFe'S P rlOrltV Habltat
and Species Program
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COML Council Packet 6-11-24, Page 52 of 713
3.
4. Naturallyoccurringpondsunder20acres.Naturallyoccurringpondsarethoseponds
under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat,
including those artificial ponds intentionally created from dry areas in order to mitigate
impacts to ponds. Naturally occurring ponds do not include ponds deliberately designed
and created from dry sites, such as canals, detention facilities, wastewater treatment
facilities, farm ponds, temporary construction ponds, and landscape amenities, unless
such art'ficial ponds were intentionally created for mitigation.
5. Watersofthestate.Watersofthestateincludelakes,rivers,ponds,streams,inland
waters, underground waters, salt waters, and all other surface waters and watercourses
within the jurisdiction of the state of Washington, as classified in WAC 222-16-031 (or
WAC 222-16-030 depending on classification used).
6. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal
entity.
7. State natural area preserves and natural resource conservation areas. Natural area
preserves and natural resource conservation areas are defined, established, and
managed by the Washington State Department of Natural Resources.
8. Areasofrareplantspeciesandhigh-qualityecosystems.Areasofrareplantspeciesand
high-quality ecosystems are identified by the Washington State Department of Natural
Resources through the Natural Heritage Program.
B. All areas within the city meeting one or more of these criteria, regardless of any formal
identification, are hereby designated critical areas and are subject to the provisions of this
chapter and shall be managed consistent with the best available science, such as the
Washington Department of Fish and Wildlife's Management Recommendations for Priority
Habitat and Species.
C. Mapping. The approximate location and extent of habitat conservation areas are shown on the
critical area maps adopted by reference by the city, as most recently updated. The following
maps and data are hereby adopted and are available from the city and/or the listed
governmental agency:
1. Washington Department of Fish and Wildlife Priority Habitat and Species Maps;
2. Washington State Department of Natural Resources, Official Water Type Reference
Maps, as amended; and
3. Anadromous and resident salmonid distribution maps contained in the Habitat Limiting
Factors Reports published by the Washington Conservation Commission.
. The above maps are to be used as a guide for the city, project applicants, and/or property
owners and should be continuously updated as new critical areas are identified. The above maps
are a reference and do not provide a final critical area designation.
15.530.020 Critical area report - Additional requirements for habitat conservation areas.
A. AIIcriticalareaslocatedwithin300feetoftheprojectareathathavebeendesignatedbythe
city and are shown on city, state, or federal government agency maps and/or reports shall be
addressed in a critical area report for habitat conservation areas.
B. HabitatAnalysis.Ahabitatassessmenttoincludeataminimumthefollowing:
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COML Council Packet 6-11-24, Page 53 of 713
1. Detailed descriptron of vegetation on the project area and its associated buffer.
2. Identification Of any federal and State endangered, threatenedi Or Candidate SpeCieS,
WDFW priority species that have a primary association with habitat on the project area,
and assessment of potential project impacts to use of the buffer and critical area on the
site by the species.
3. Adetaileddiscussionofthedirectandindirectpotentialimpactsonhabitatbythe
project. Such discussion shall include a discussion of the ongoing management practices
that will protect habitat after the project site has been developed.
1 S.S30.030 Performance standards for habitat conservation areas - General requirements.
A. Nonindigenous Species. No plant, wildlife, or fish species not indigenous to the region shall be
introduced into a habitat conservation area unless authorized by a state or federal permit or
approval.
B. Mittgation and Contiguous Corridors. Mitigation sites shall be located to preserve or achieve
contiguous wildlife habitat corridors in accordance with a mitigation plan that is part of an
approved critical area report to minimize the isolating effects of development on habitat areas,
so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area
disturbed.
C. Approvals of Activities. The director shall condition approvals of activities allowed within or
adjacent to a habitat conservation area or its buffers, as necessary to minimize or mitigate any
potential adverse impacts. Conditions shall be based on the best available science and may
include, but are not limited to, the following:
1. Establishment of buffer zones;
2. Preservation of critically important vegetation and/or habitat features such as snags
and downed wood;
3. Treatment and control of noxious/invasive weeds.
4. Limitationofaccesstothehabitatarea,includingfencingtodeterunauthorizedaccess;
5. Seasonal restriction of construction activities;
6. Establishment of a duration and timetable for periodic review of mitigation activities;
and
7. Requirement of a performance bond, when necessary, to ensure completion and
success of proposed mitigation.
D. Mitigation to at Least Biological Functions. Mitigation of alterations to habitat conservation
areas shall achieve at least equivalent biologic and hydrologic functions and shall include
mitigation for adverse impacts upstream or downstream of the development proposal site.
Mitigation shall address each function affected by the alteration to achieve functional
equivalency or improvement on a per function basis.
E. Approvals and the Best Available Science. Any approval of alterations or impacts to a habitat
conservation area shall be supported by the best available science. WDFW Priority Habitats and
Species Management Recommendations are a source of Best Available Science.
F. Restrictions.
1. Tracts. Habitat conservation areas shall be preserved in perpetuity through the use of
critical area tracts or other city approved protection measures.
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2. Seasonal Restrictions. When a species is more susceptible to adverse impacts during
specific periods of the year, seasonal restrictions may apply.
i. .
G. Signs and Fencing of Habitat Conservation Areas.
1. TemporaryMarkers.Theouterperimeterofthehabitatconservationareaandthe
limits of those areas to be disturbed pursuant to an approved permit or authorization
shall be marked in the field in such a way as to ensure that no unauthorized intrusion
will occur and verified by the director prior to the commencement of permitted
activities. The director shall have the authority to require that temporary fencing be
placed on-site to mark the outer perimeter of the habitat conservation area. This
temporary marking, and any required temporary fencing, shall be maintained
throughout construction and shall not be removed until permanent signs, if required,
are in place.
2. PermanentSigns.Asaconditionofanypermitorauthorizationissuedpursuanttothis
chapter, the director may require that applicant to install permanent signs along the
boundary of a habitat conservation area.
i. Permanentsignsshallbemadeofametalfacewithagreencolorbackgroundand
white letters; attached to a metal post or another nontreated material of equal
durabi(ity; made with a sign face no smaller than one foot by one foot and no larger
than two feet by two feet; and mounted with the bottom of the sign face no less
than three feet above and no more than five feet above adjacent grade. Signs must
be posted at a minimum of one per lot of record, or on large parcels every 300 feet,
or additional signs as required by the director and must remain unobstructed and be
maintained by the property ownerin perpetuity. The sign(s) shall be worded as
follows or with alternative language approved by the director:
Protected Critical Area Do Not Disturb
Contact the city of Moses Lake
Reg,ardinB Uses and Restriction
ii. Theprovisionsofthissectionmaybemodifiedbythedirectorasnecessaryto
assure protection of sensitive features or wildlife.
15.530.040 Performance standards - Specific habitats.
A. Federal and State Endangered, Threatened, and Sensitive Species and WDFW Priority Habitats
and Species.
1. Nodevelopmentshallbeallowedwithinahabitatconservationareaorbufferwith
which state or federally endangered, threatened, or sensitive species, WDFW Priority
Habitats and Species have a primary association, except that which is provided for by a
management plan established by the Washington Department of Fish and Wildlife or
applicable state or federal agency.
management plan established by the Washington Department of Fish and Wildlife or
applicable state or federal agency.
2. Whenever activities are proposed adjacent to a habitat conservation area within which
state or federally endangered, threatened, or sensitive species have a primary
association, such area shall be protected through the application of protection measures
in accordance with a critical area report prepared by a qualified professional and
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COML Council Packet 6-11-24, Page 55 of 713
approved by the city. All applications for activities proposed adjacent to a habitat
conservation area or buffer addressed in this subsection shall be sent for review and
comment to the Department of Fish and Wildlife for Priority Habitats and Specie, the
Washington State Department of Natural Resources Natural Heritage Program for rare
species and rare/high quality ecological communities, and other appropriate federal or
state agencies. Whenever activities are proposed adjacent to any habitat conservation
area, reviews are required sufficiently early in the development review process with the
Department of Fish and Wildlife, such as a pre-application review.
3. .
B. Wetland Habitats. All proposed activities within or adjacent to habitat conservation areas
containing wetlands shall conform to the wetland development performance standards set forth
in the wetlands section. If non-wetlands habitat and wetlands are present at the same location,
the provisions of this chapter or the Wetlands chapter, whichever provides greater protection to
the habitat, apply.
C. Shrubsteppe.
1.No development shall be allowed within a high quality shrubsteppe habitat
conservation area
2. No development shall be allowed within a low or moderate shrubsteppe habitat
conservation area in which rare, threatened, or endangered species have a
primary association.
3. Shrubsteppehabitatconservationarealessthanone-halfacreandwithin
connection to abutting other wetland, riparian and/or habitat area shall not be
subject to this chapter.
4 The quality of habitat is based on the predominant habitat quality on the site.
Washington Department of Fish and Wildlife Management Recommendations
for Washington's Priority Habitats: Shrubsteppe and the Ecological Integrity
Assessment protocol for rating shrubsteppe habitat at the project site
(Ecological integrity index measures to be evaluated for ranking the ecological
quality of shrubsteppe habitat), as well as at the potential mitigation site within
Appendix 9. -
45 MiJahon shall be consistent iivith WDFWas PHS Management
Recommendabons, 'Management Recommendahons for Washinetonas Priority
Habitats Shiubs(eppe'. as amended
E ,'Thc follo'.vm@ Shruhstcppi N.niJation Rahos shall be applicablc for ;in';
incrcachmcnt v.'ithm thc rhnibstcppc i
Commented [PED(4]: WDFW is currently working to
these efforts will not be completed before the adoption of
this City of Moses Lakeas current Development Code update.
To ensure the code incorporates future BAS from WDFW. in
section 15.530.040, we suggest the City of Moses Lake
remove the current table and adopt in its place, br
Recommendations for Washrngton's Prlority Habltats:
Shrubskeppe', as amended, to obtain adequate shrubsteppe
habitat protection, enhancement, and/or rehabilitation for
future development projects.
Category
Shrubsteppe
Creation or Re-
establishment
Rehabilitation Enhancement
Category A
(High)
Not considered possible Case by case Case by case
Category B
(High)
6:1 12:1 24:1
Category C
(Medium)
3:1 6:1 12:1
Category D L.S:1 3:1 6:1 Formatted Table
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COML Council Packet 6-11-24, Page 56 of 713
i(Low)I I
6. Fuelmanagementforfireprotectionmaybeallowedwiththesubmittaland
approval by the director of a Shrubsteppe Mitigation Plan.
7. ShrubsteppeHabitatMitigation.Mitigationofadverseimpactstoshrubsteppe
shall result in equivalent functions and values on a per function basis, be located
as near the alteration as feasible, and be located in the same shrubsteppe as the
habitat impacted.
8. Alternative Mitigation for Shrubsteppe. The performance standards set forth in
this subsection may be modified at the city's discretion if the applicant
demonstrates that greater habitat functions, on a per function basis, can be
obtained in the affected subdrainage basin as a result of alternative mitigation
measures.
D. Riparian Habitat Areas. Llnless otheiwise allowed in this chapter, all structures and activities
shall be located outside of the stream buffers. Crab Creek has a riparian habitat and the only
riverine in the City of Mases Lake. The Stream buffers of 150' (consistent with the Shoreline
Master Program buffer) is established for habitat that includes aquatic and terrestrial
ecosystems that mutually benefit each other and that are located adjacent to rivers,
perennial or intermittent streams, seeps, and springs. The width shall be measured outward
in each direction, on the horizontal plane from the ordinary high water mark, or from the
top of bank ifthe ordinary high water mark cannot be identified. Stream buffers should be
sufficiently wide to achieve the full range of riparian and aquatic ecosystem functions, which
include but are not limited to protection of instream fish habitat through control of
temperature and sedimentation in streams; preservation of fish and wildlife habitat; and
connection of riparian wildlife habitat to other habitats.
1. Increased Stream Buffer Widths. The director may require increased buffer widths in
accordance with the recommendations of an experienced, qualified professional, and
the best available science on a case- by-case basis when a large buffer is necessary to
maintain the structure and functions ofthe habitat area, based on site-specific
characteristics. When the SEPA checklist discloses the possibility that the buffers may be
increased, the procedures in WAC 197-11-158 shall be invoked. The criteria to be used
to analyze the issue whether the buffers should be increased are as follows:
i. When the director determines that the recommended width is insufficient to
prevent habitat degradation and to protect the structure and functions of the
habitat area;
ii. When a channel migration zone is present, the stream buffer width shall be
measured from the outer edge of the channel migration zone; or
iii. whenthehabitatareaiswithinanerosionorlandslitlehazardarea,orbuffer,the
stream buffer width shall be the recommended distance, or the erosion or landslide
hazard area or buffer, whichever is g,reater.
Stream Buffer Width Averaging. The director may allow the recommended stream
buffer width to be reduced in accordance with a critical area report only if:
i. Thewidthreductionwillnotreducestreamorhabitatfunctions,includingthoseof
nonfish habitat;
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COML Council Packet 6-11-24, Page 57 of 713
ii. The width reduction will not degrade the habitat, including habitat for anadromous
fish;
iii. The proposal will provide additional habitat protection;
iv. The total area contained in the riparian habitat area of each stream on the
development proposal site is not decreased;
v. The recommended stream buffer width is not reduced by more than 50 percent in
any one location;
vi. The width reduction will not be located within another critical area or associated
buffer; and
vii. The reduced stream buffer width is supported by the best available science.
3. Interrupted Buffer.
i. Where a legally established, pre-existing use of the buffer exists, those proposed
activities that are within the wetland or stream buffer, but are separated from the
critical area by an existing permanent substantial improvement, which serves to
eliminate or greatly reduce the impact of the proposed activity upon the critical
area, are exempt; provided, that the detrimental impact to the critical area does not
increase. However, if the impacts do increase, the city shall determine if additional
buffer may be required along the impact area of the interruption. Substantial
improvements may include developed public infrastructure such as roads and
railroads. Substantial improvements may not include paved trails, sidewalks, or
parking areas. An allowance for activity in an interrupted buffer may require a
critical areas report for the type of critical areas buffer that is affected. In
determining whether a critical areas report is necessary, the city shall consider the
hydrologic, geologic and/or biological habitat connection potential and the extent
and permanence of the interruption.
ii. Where a legally established, pre-existing structure or use is located within a
regulated wetland or stream buffer and where the regulated buffer is fully paved
and does not conform to the interrupted buffer provision above, the buffer will end
at the edge of the pavement, adjacent to the wetland or stream.
4. Riparian Habitat Mitigation. Mitigation of adverse impacts to stream buffers shall result
in equivalent functions and values on a per function basis, be located as near the
alteration as feasible, and be located in the same subdrainage basin as the habitat
impacted.
5. Alternative Mitigation for Stream Buffers. The performance standards set forth in this
subsecbon may be modified at the city's discretion if the applicant demonstrates that
greater habitat functions, on a per function basis, can be obtained in the affected
subdrainage basin as a result of alternative mitigation measures.
D. Aquatic Habitat. Aquatic Habitat is regulated under the shoreline master program.
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GEOLOGICAILY HAZARDOUS AREAS
1S.535.010 Designation of geologically hazardous areas.
Geologically hazardous areas include areas susceptible to erosion, sliding, earthquake, or other
geological events. They pose a threat to the health and safety of citizens when incompatible
development is sited in areas of significant hazard. Such incompatible development may not only
place itself at risk, but also may increase the hazard to surrounding development and use. Areas
susceptible to one or more of the following types of hazards shall be designated as a geologically
hazardous area:
A. Erosion hazard;
B. Landslide hazard;
C. Seismic hazard;
D. Othergeologicaleventsincludingmasswasting,debrisflows,rockfalls,anddifferential
settlement.
15.535.020 Designationofspecifichazardareas.
A. ErosionHazardAreas.ErosionhazardareasincludethoseareasidentifiedbytheU.S.
Department ofAgriculture's Natural Resources Conservation Service as having a moderate to
severe, severe, or very severe rill (small stream) and interrill erosion hazard. Erosion hazard also
includes those areas impacted by shore land and/or stream bank erosion and those areas within
a river's channel migration zone.
B. Landslide Hazard Areas. Landslide hazard areas are areas potenhially subject to landslides based
on a combination of geologic, topographic, and hydrologic factors. They include areas
susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect,
structure, hydrology, or other factors. Examples of these may include but are not limited to the
following:
1. Areas of historic failures, such as:
i. ThoseareasdelineatedbytheU.S.DepartmentofAgriculture'sNaturalResources
Conservation Service as having a severe limitation for building site development;
ii. ThoseareasmappedbytheWashingtonStateDepartmentofNaturalResources
(slope stability mapping) as unstable (U or Class 3), unstable old slides (UOS or Class
4), or unstable recent slides (URS or Class 5); and
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iii. Areas designated as quaternary slumps, earthflows, mudflows, or landslides on
maps published by the u.s. Geological Survey or Washington State Department of
Natural Resources;
2. Areaswithallthreeofthefollowingcharacteristics:
i. Slopes steeper than 15 percent;
ii. Hillsides intersecting geologic contacts with a relatively permeable sediment
overlying a relatively impermeable sediment or bedrock; and
iii. Springs or ground water seepage;
3. Areas that have shown movement during the Holocene epoch (from 10,000 years ago to
the present) or that are underlain or covered by mass wastage debris of that epoch;
4. Slopes that are parallel or subparallel to planes of weakness (such as bedding planes,
joint systems, and fault planes) in subsurface materials;
5. Slopes having gradients steeper than 80 percent subject to rock fall during seismic
shaking;
6. Areas potentially unstable because of rapid stream incision, stream bank erosion, and
undercutting by wave action;
7. Areas located on an active alluvial fan, presently or potentially subject to inundation by
debris flows or catastrophic flooding; and
8. Any area with a slope of 40 percent or steeper and with a vertical relief of 20 or more
feet except areas composed of consolidated rock. A slope is delineated by establishing
its toe and top and is measured by averaging the inclination over at least 10 feet of
vertical relief.
C. Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of damage as a result
of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, lateral
spreading, or suface faulting. One indicator of potential for future earthquake damage is a
record of earthquake damage in the past. Ground shaking is the primary cause of earthquake
damage in Washington. The strength of ground shaking is primarily affected by:
1. The magnitude of an earthquake;
2. The distance from the source of an earthquake;
3. Thetypeofthicknessofgeologicmaterialsatthesurface;and
4. The type of subsurface geologic structure.
5. Settlement and soil liquefaction conditions occur in areas underlain by cohesionless,
loose, or sofk-saturated soils of low density, typically in association with a shallow
ground water table.
D. OtherHazardAreas.Geologicallyhazardousareasshallalsoincludeareasdeterminedbythe
director to be susceptible to other geological events including mass wasting, debris flows, rock
falls, and differenhial settlement.
15.S3S.030 Mappingofgeologicallyhazardousareas.
E. The approximate location and extent of geologically hazardous areas are shown on the critical
area maps adopted by reference in this chapter and listed below. The critical area maps listed
below are available from the city and/or the listed governmental agency and include:
1. u.s. Geological Survey topographical maps;
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2. Washington State Department of Natural Resources seismic hazard maps for Eastern
Washington;
3. WashingtonStateDepartmentofNaturalResourcesslopestabilitymaps;
4. FederalEmergencyManagementAdministrationfloodinsurancemaps;and
5. Locally adopted maps.
F. Thesemapsaretobeusedasaguideforthecity,projectapplicantsand/orpropertyowners
and may be continuously updated as new critical areas are identified. They are a reference and
do not provide a final critical area designation.
1S.535.040 Criticalareareport-Additionalrequirementsforgeologicallyhazardousareas.
The following requirements for geologically hazardous area critical area reports are in addition to
the requirements for critical area reports:
A. Area Addressed in Critical Area Report. The following areas shall be addressed in a critical area
report for geologically hazardous areas:
1. The project area of the proposed activity; and
2. All geologically hazardous areas previously identified by the city within 200 feet of
the project area or that have potential to affect or be affected by the proposal.
B. GeologicalHazardsAssessment.Acriticalareareportforageologicallyhazardousareashall
contain an assessment of geological hazards incfudingthe following site- and proposal-related
information at a minimum:
1. Site and Construction Plans. The report shall include a copy of the site plans for the
proposal showing:
i. Thetypeofimpacts,ifany,thattheprojectwilleitherexperienceorcausein
relation to any other critical area so identified under this section;
ii . Proposed development, including the location of existing and proposed
structures, fill, storage of materials, and drainage facilities;
iii . Thetopographyoftheprojectsite,oftheprojectarea,andallhazardareas
addressed in the report; and
iv. Clearing limits;
2. Assessment of Geological Characteristics. The report shall include an assessment of
the geologic characteristics of the soils, sediments, and/or rock of the project area
and potentially affected adjacent properties, and a review of the site history
regarding landslides, erosion, and prior grading. Soils analysis shall be accomplished
in accordance with accepted classification systems in use in the region. The
assessment shall include, but not be limited to:
i. Adescriptionofthesurfaceandsubsurfacegeolo@y,hydrology,soils,and
vegetation found in the project area and in all hazard areas addressed in the
report;
ii. Adetailedoverviewofthefieldinvestigations,publisheddata,andreferences;
data and conclusions from past assessments of the site; and site-specific
measurements, tests, investigations, or studies that support the identification of
geologically hazardous areas; and
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COML Council Packet 6-11-24, Page 61 of 713
3.
iii. Adescriphonofthevulnerabilityofthesitetoseismicandothergeologic
events;
Analysis of Proposal. The report shall contain a hazards analysis including a detailed
description of the project, its relationship to the geologic hazard(s), and its potential
impact upon the hazard area, the subject property, and affected adjacent properties;
and
4. Minimum Buffer and Building Setback. The report shall make a recommendation for
the minimum no-disturbance buffer and minimum building setback from any
geologic hazard based upon the geotechnical analysis.
C. Incorporation of Previous Study. Where a valid critical areas report has been prepared within
the last five years for a specific site, and where the proposed land use activity and surrounding
site conditions are unchanged, said report may be incorporated into the required critical area
report. The applicant shall submit a hazards assessment detailing any changed environmental
conditions associated with the site
D. Mitigation of Long-Term Impacts. When hazard mitigation is required, the mitigation plan shall
specifically address how the activity maintains or reduces the pre-existing level of risk to the site
and adjacent properties on a long-term basis (equal to or exceeding the projected lifespan of
the activity or occupation). Proposed mitigation techniques shall be considered to provide long-
term hazard reduction only if they do not require regular maintenance or other acUons to
maintain their function. Mitigation may also be required to avoid any increase in risk above the
pre-existing conditions following abandonment of the activity.
E. Additional Analysis to Be Included in a Critical Area Report for Geologically Hazardous Areas.
Parameters for design of site improvements, including appropriate foundations and retaining
structures, should include allowable load and resistance capacities for bearing and lateral loads,
installation considerations, slope stability and estimates of setklement performance, vegetation
management, erosion control, and damage control.
15.535.050 Performance standards - General requirements.
D. Alterations of geologically hazardous areas or associated buffers may only occur for activities
that:
1. Willnotincreasethethreatofthegeologicalhazardtoadjacentpropertiesbeyond
pre-development conditions;
2. Will not adversely impact other critical areas;
3. Are designed so that the hazard to the project is eliminated or mitigated to a level
equal to or less than pre-development conditions; and
4. Are certified as safe as designed and under anticipated conditions by a qualified
engineer or geologist, licensed in the state of Washington.
E. Critical Facilities Prohibited. Critical facilities shall not be sited within geologically hazardous
areas unless there is no other practical alternative.
15.535.060 Performance standards - Specific hazards.
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A. Erosion and Landslide Hazard Areas. Activities on sites containing erosion or landslide hazards
shall meet the standards the Performance standards - General requirements, and the specific
following requirements:
1. Buffer Requirement. A buffer shall be established from all edges of landslide hazard
areas. The size of the buffer shall be determined by the director to eliminate or
minimize the risk of property damage, death, or injury resulting from landslides
caused in whole or part by the development, based upon review of, and concurrence
with, a critical area report prepared by a qualified professional;
i. MinimumBuffer.Theminimumbuffershallbeequaltotheheightoftheslope
or 50 feet, whichever is greater;
ii. Buffer Reduction. The buffer may be reduced to a minimum of 20 feet when a
qualified professional demonstrates to the director's satisfaction that the
reduction will adequately protect the proposed development, adjacent
developments, and uses and the subject critical area;
iii. Increased Buffer. The buffer may be increased where the director determines a
larger buffer is necessary to prevent risk of damage to proposed and existing
development;
2. AIterations.Alterationsofanerosionorlandslidehazardareaand/orbuffermayonly
occur for activities for which a hazards analysis is submitted and certifies that:
i. Thedevelopmentwillnotincreasesurfacewaterdischargeorsedimentationto
adjacent properties beyond pre-development conditions;
ii. The development will not decrease slope stability on adjacent properties; and
iii. Such alterations will not adversely impact other critical areas;
3. Design Provisions. Development within an erosion or landslide hazard area and/or
buffer shall be designed to meet the following basic requirements unless it can be
demonstrated that an alternative design that deviates from one or more ofthese
stam:larr3s provides greaterlong-term slope stability while meeUng all other
provisions of this chapter. The requirement for long-term slope stability shall exclude
designs that require regular and periodic maintenance to maintain their level of
function. The basic development design provisions are:
i. Theproposeddevelopmentshallnotdecreasethefactorofsafetyforlandslide
occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic
conditions. Analysis of dynamic conditions shall be based on a minimum
horizontal acceleration as established by the current version of the International
Building Code;
ii. Structures and improvements shall be clustered to avoid geologically hazardous
areas and other critical areas;
iii. Structuresandimprovementsshallminimizealterationstothenaturalcontour
of the slope, and foundations shall be tiered where possible to conform to
existing topography;
iv. Structures and improvements shall be located to preserve the most critical
portion of the site and its natural landforms and vegetation;
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COML Council Packet 6-11-24, Page 63 of 713
4.
5.
6.
v. The proposed development shall not result in (;reater risk or a need for
increased buffers on neighboring properties;
vi. The use of retaining walls that allow the maintenance of existin(; natural slope
area is preferred over graded arkificial slopes; and
vii. Development shall be designed to minimize impervious lot coverage;
Vegetation Retention. Unless otherwise provided or as part of an approved
alteration, removal of vegetation from an erosion or landslide hazard area or related
buffer shall be prohibited;
Utility Lines and Pipes. Utility lines and pipes shall be permitted in erosion and
landslide hazard areas only when the applicant demonstrates that no other practical
alternative is available. The line or pipe shall be located above ground and properly
anchored and/or designed so that it will continue to function in the event of an
underlying slide. Stormwater conveyance shall be allowed only through a high-
density polyethylene pipe with fuse-welded joints, or similar product that is
technically equal or superior;
Point Discharges. Point discharges from surface water facilities and roof drains onto
or upstream from an erosion or landslide hazard area shall be prohibited except as
follows:
7.
i. Conveyed via continuous storm pipe downslope to a point where there are no
erosion hazard areas downstream from the discharge;
ii. Discharged at flow durations consistent with the city's public works standards
for stormwater runoff control, with adequate energy dissipation, into existing
channels that previously conveyed stormwater runoff in the predeveloped
state; or
iii. Disperseddischargeupslopeofthesteepslopeontoalow-gradientundisturbed
buffer demonstrated to be adequate to infiltrate all surface and stormwater
runoff, and where it can be demonstrated that such discharge will not increase
the saturation of the slope;
Subdivisions. The division of land in landslide hazard areas and associated buffers is
subject to the following:
Land that is located wholly within a landslide hazard area or its buffer may not
be subdivided. Land that is located partially within a landslide hazard area or its
buffer may be divided; provided, that each resulting lot has sufficient buildable
area outside of, and will not affect, the landslide hazard or its buffer;
ii. Access roads and utilities may be permitted within the landslide hazard area and
associated buffers if the city determines that no other feasible alternative exists;
and
8. Prohibited Development. On-site sewage disposal systems, including drain fields,
shall be prohibited within erosion and landslide hazard areas and related buffers.
B. Seismic Hazard Areas. Activities proposed to be located in seismic hazard areas shall meet the
standards within the Performance standards - General requirements.
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Chapter 15.540
FREQUENTLY FLOODED AREAS
A. FrequentlyFIoodedAreas.Frequentlyfloodedareasshallinclude:
1. AreasldentifiedontheFIoodlnsuranceMap(s).Thoseareasofspecialfloodhazard
within the incorporated city limits of Moses Lake identified as being within the 100-
year floodplain by the Federal Insurance Administratorin a scient'fic and engineering
report entitled "The Flood Insurance Study (FIS) for Grant County, Washington and
Incorporated Areas," dated February 18, 2009 (FIRM Panels: 53025C1310C), and any
revisions thereto, with accompanyiny4 flood insurance rate maps (FIRMsl and any
revisions thereto, are hereby adopted by reference and declared to be a part of this
chapter. The FIS and FIRMs are on file with the Moses Lake community development
department, located at 321 Balsam St. in Moses Lake, Washington. The best
available information for flood hazard area identification as outlined in subsection
(D) of this section shall be the basis for regulation until a new FIRM is issued that
incorporates data utilized under subsection (D) of this section.
C. UseofAdditionallnformation.Thedirectormayuseadditionalfloodinformationthatismore
restrictive or detailed than that provided in the flrxrd insurance study conducted by the Federal
Emergency Management Agency (FEMA) to designate frequently flooded areas, including data
on channel migration, historical data, high water marks, photographs of past flooding, location
of restrictive floodways, maps showing future build-out conditions, maps that show riparian
habitat areas, or similar information.
D. Compliance.Alldevelopmentwithinspecialfloodhazardareasissubjecttotermsofthischapter
and other applicable regulations.
E. Flood Elevation Data. When base flood elevation data is not available (A and V zones designated
under subsection (A) of this sectiord, the director shall obtain, review, and reasonably utilize any
base flood elevation and floodway data available from a federal, state, county or other source,
in order to administer this section.
F. Designation Made by Director. The flood insurance maps are to be used as a guide for the city,
project applicants and/or property owners and the public, and should be considered a minimum
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COML Council Packet 6-11-24, Page 65 of 713
designation of frequently flooded areas. Because flood insurance maps may be continuously
updated as areas are reexamined or new areas are identified, the best available information for
flood hazard area identification shall be the basis for regulation.
G. Supplemental Documentation. Any areas ident'fied by the directorin this section shall be
supported by professional scientific information.
H. Maintenance of Records. The director shall maintain for public inspection all records of
floodplain hazards, certificates offloodproofing, and flood elevation data.
Mapping. The location and extent of frequently flooded areas are shown on the crittcal area
maps adopted with the ordinance codified in this chapter by the city. The following maps and
data are hereby adopted and are available from the city and/or the listed governmental agency:
Federal Emergency Management Administration flood insurance rate maps; Community Panels:
"The Flood Insurance Study for Grant County, Washington and Incorporated Areas" dated
February 18, 2009 and any revisions thereto, with accompanying flood insurance rate maps
(FIRM) and any revisions thereto, are hereby adopted by reference and declared to be a part of
this ordinance.
J. Penalties for Noncompliance. No structure orland shall hereafker be constructed, located,
extended, converted, or altered without full compliance with the terms of this chapter and
other applicable regulations. Violations of the provisions of this chapter by failure to comply
with any of its requirements (including violations of conditions and safeguards established in
connecfion with conditions), shall constitute a misdemeanor. Any person who violates this
chapter or fails to comply with any of its requirements shall upon conviction thereof be fined
not more than Sl,000 or imprisoned for not more than 90 days, or both, for each violation, and
in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall
prevent the city from taking such other lawful action as is necessary to prevent or remedy any
violation.
K. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However, where this chapter and
another section of the city code, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
L. Interpretation. In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the @overning body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
1 S.540.01S Designationofthefloodplainadministrator-Permitreview.
A. The director is hereby appointed as the floodplain administrator to administer, implement, and
enforce this chapter by granting or denying development permits in accordance with its
provisions. The floodplain administrator may delegate authority to implement these provisions.
The duties of the floodplain administrator shall include, but not be limited to:
B. Permit Review. Review all development permits to determine that:
1. Thepermitrequirementsofthischapterhavebeensatisfied;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding;
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4. The proposed development is not located in the floodway. If located in the floodway,
assure the encroachment provisions of MLUDC 15.540.070(B%1) are met;
5. NotifyFEMAwhenannexationsoccurinthespecialfloodhazardarea;and
6. Notify FEMA of changes to the base flood elevation within six months of when
technical information of such changes becomes available. Such notification shall
include technical or scientific information.
C. Information to Be Obtained and Maintained.
1. Where base flood elevation data is provided through the FIS, FIRM, or required as in
MLUDC 15.540.040(D), obtain and maintain a record ofthe actual (as-built) elevation
(in relation to mean sea level) of the lowest floor (including basement) of all new or
substantially improved structures, and whether or not the structure contains a
basement.
2. For all new or substantially improved floodproofed nonresidential structures where
base flood elevation data is provided through the FIS, FIRM, or as required in MLLIDC
15.540.040(D):
i. Obtain and maintain a record of the elevation (in relation to mean sea level) to
which the structure was floodproofed.
ii. Maintain the floodproofing certifications required in MLuDC 15.540.020(C%2).
4. Certification required by floodway encroachments.
5. Recordsofallvarianceactions,includingjustiffcationfortheirissuance.
6. Improvement and damage calculations.
7. Maintainforpublicinspectionallrecordspertainingtotheprovisionsofthischapter.
D. Wheneverawatercourseistobealteredorrelocated:
1. Notify adjacent communities and the Department of Ecology prior to such alteration
or relocation of a watercourse, and submit evidence of such notification to the
Federal Insurance Administrator through appropriate notification means; and
2. Assurethatthefloodcarryingcapacityofthealteredorrelocatedportionofsaid
watercourse is maintained.
E. Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of
the boundaries of the areas of special flood hazards (e.g., where there appears to be a conflict
between a mapped boundary and actual field conditions). The person contesting the location of
the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals
shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of
the NFIP (44 CFR 59-76).
15.540.020 Critical area report requirements - Frequently flooded areas.
D. Prepared by a Qualified Professional. A frequently flooded areas report shall be prepared for
development within floodplains. Such report shall be required to be prepared by a qualified
professional who is a hydrologist or engineer, and who is licensed in the state of Washington
with experience in preparing flood hazard assessments.
E. Areas Addressed in Critical Area Report. The following areas shall be addressed in a critical area
report for frequently flooded areas:
1. The location ofthe proposed activity;
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COML Council Packet 6-11-24, Page 67 of 713
2. All areas of a special flood hazard, as indicated on the flood insurance map(s) within
200 feet of the project area; and
3. All other flood areas indicated on the flood insurance map(s) within 200 feet of the
project area.
F. Flood Hazard Assessment Required. A critical area report for a proposed activity within a
frequently flooded area shall contain a flood hazard assessment including the following site- and
proposal-related information at a minimum:
1. Site and Constructton Plans. A copy of the site and construction plans for the
development proposal showing:
i. Floodplain (100-year flood elevation); 10-year and 50-year flood elevations and
floodway, if required by the director and, in addition, other critical areas,
buffers, and shoreline areas;
ii. Proposed development, including the location of existing and proposed
structures, fill, stora(;e of materials, and drainage facilities, with dimensions
indicating distances to the floodplain;
iii. Extent and location of proposed clearing and gradinB activity;
iv. Elevation in relation to mean sea level, of the lowest floor (including basement)
of all structures; and
v. Elevation in relation to mean sea level to which any structure has been
floodproofed;
Floodproofing Certificate. When floodproofing is proposed, a certification by a
registered professional engineer or architect that the floodproofing methods meet
the requirements of MLuDC 15.540.040(H), Floodproofing;
Watercourse Alteration. When watercourse alteration is proposed, the critical area
report shall include:
i. Extent of Watercourse Alteration. A description of and plan showing the extent
to which a watercourse will be altered or relocated as a result ofthe proposal;
and
2.
3.
4.
ii. Maintenance Program Required for Watercourse Alterations. A maintenance
program that provides maintenance practices for the altered or relocated
porkion of the watercourse to ensure that the flood-carrying capacity is not
diminished;
Information Regarding Other Critical Areas. Potential impacts to wetlands, fish and
wildlife habitat and other critical areas shall be addressed in accordance with the
applicable sections of this chapter.
1S.540.030 Warning and disclaimer ofliability.
The degree of flood protection required by this chapter poses and is based on scientific and
engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may
be increased by manmade or natural causes. This chapter does not imply that land outside
frequently flooded areas or uses permitted within such areas will be free from flooding or flood
damages. This chapter shall not create liability on the part of the city, any officer or employee
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thereof, or the Federal Insurance Administrator, for any flood damag,e that results from reliance on
this chapter or any administrative decision lawfully made hereunder.
15.540.040 Performancestandards-Generalrequirements.
A. Permit(s) Required. The permit required by this section shall be incorporated into the basic
underlying permits necessary for the project or activity to proceed within a frequently flooded
area, e.g., building permit, short plat, public works permits, State Environmental Policy Act and
city critical areas reviews, and similar permits and development reviews. Completion of and
compliance with the necessary review processes and permits listed above shall satisfy the
requirement of issuance of a development permit for any activity that would alter land or
commence a new use within a frequently flooded area. The permit shall be for all structures
including manufactured homes as within the Definitions, and for all development including fill
and other activities.
B. All necessary permits shall be obtained. The director shall verify that all necessary permits have
been obtained from those governmental agencies from which prior approval is required by
federal, state, or local law, including but not limited to Section 404 of the Federal Water
Pollution Control Act Amendment of 1972 and the Endangered Species Act of 1973.
C. Development proposals must not reduce the effective base flood storage volume of a floodplain.
Grading or other activity that would reduce the effective storage volume must be mitigated by
creating compensatory storage on the site. The compensatory storage must provide equivalent
volume at equivalent elevations to that being displaced, be hydraulically connected to the
source of the flooding, be provided in the same construction season, a nd occur on site or off
site, if legal arrangements can be made to assure that the effective compensatory storage will
be preserved over time.
D. Areas without Base Flood Elevation Data. Where base flood elevation data is not available (A
and V zones, and there is insufficient data available from federal, state, county, or other sources,
the director shall determine the base flood elevation using historical data, high water marks,
photographs of past flooding, and other available information. If there is insufficient data
available for the director to make a determination ofthe base flood elevation, and standards
requiring a base flood elevation cannot be implemented, the director shall require measures
that assure the proposed structures will be reasonably safe from flooding. At a minimum, the
base flood elevation shall be set at least two feet above the highest adjacent grade. The director
shall have the authority to set an average base flood elevation if there are sufficient grade
deficiencies in elevation around the development area.
E. AEZoneswithBaseFIoodElevationsbutNoFIoodways.InareaswithBFEs(whenaregulatory
floodway has not been designatedl no new construction, substantial improvements, or other
development (including fill) shaft be permitted within zone AE on the city's FIRM, unless it is
demonstrated that the cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the water surface elevation of the
base f!ood more than one foot at any point within the city.
F. Construction Materials and Methods.
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COML Council Packet 6-11-24, Page 69 of 713
1. Methods That Minimize Flood Damage. All new construction and substantial
improvements shall be constructed using flood-resistant materials and utility
equipment, and with methods and practices that minimize flood damage.
2. Structures Shall Be Located Outside the Floodplain. All structures shall be located on
the buildable portion of the site out of the floodplain unless there is no buildable site
area out of the floodplain. For sites with no buildable area out of the floodplain,
structures shall be placed on the highest land on the site, oriented parallel to the
anticipated flow of water rather than perpendicular, and sited as far from the
watercourse and other critical areas as possible. If the director finds any evidence of
active hyporheic exchange on a site, the development shall be located to minimize
disruption of such exchange.
3. Utilities Shall Be Protected. All utilities shall be located on the buildable portion of
the site out of the floodplain unless there is no buildable site area out of the
floodplain. Electrical, heating, ventilation, plumbing, and air-conditioning equipment
and other service facilities shall be designed and/or otherwise elevated orlocated so
as to prevent water from entering or accumulating within their components during
conditions of flooding. Water wells shall be located on high ground that is not in the
floodway per WAC 173-10-171. All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into the systems.
New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the
systems into floodwaters. On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
G. Elevation Certificate Required Following Construction. Following construction or substantial
improvement of a structure within the floodplain where the base flood elevation is provided,
the applicant shall be required to submit to the director an as-built elevation cemficate from a
licensed professional land surveyor that records the elevation of the lowest floor iincluding
basement), and whether or not the structure contains a basement. The director shall obtain said
as-built elevation certif'cate and maintain for public inspection said ceruficates in its official
records.
H. Floodproofing.
1. When a nonresidential structure is to be floodproofed, it shall be designed and
constructed using methods that meet the following requirements:
i. Watertight Structure. The structure shall be watertight with walls substantially
impermeable to the passage of water below one foot above the base flood
level;
ii. Hydrostatic Resistance. Structural components shall be capable of resisting
hydrostat'c and hydrodynamic loads and effects of buoyancy; and
iii. Certified by a Registered Professional Engineer or Architect. The structure shall
be certified by a registered professional engineer or architect that the design
and methods of construction are in accordance with accepted standards of
practice for meeting provisions of this subsection based on their development
and/or review of the structural design, specifications and plans.
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2.
3.
1. Anchoring.
1.
2.
Floodproofing Certificate Required Following Construction. Following construction of
the structure, the applicant shall obtain and provide to the director a floodproofing
certificate from a registered professional engineer or architect that records the
actual (as-built) elevation to which the structure was floodproofed.
Floodproofing Nonresidential Buildings. Applicants floodproofing nonresidential
buildings shall be notified by the director that flood insurance premiums will be
based on rates that are one foot below the floodproofed level (for example, a
building floodproofed to the base flood level will be rated as one foot below).
Anchoring Required. All new construction and substantial improvements within the
floodplain, including those related to manufactured homes, shall be anchored to
prevent flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads including the effects of buoyancy.
Manufactured Homes Shall Be Anchored. All manufactured homes to be placed or
substantially improved within the floodplain shall be elevated on a permanent
foundation such that the lowest floor ofthe manufactured home is elevated one
K. Storage of Materials and Equipment.
1. The storage or processing of materials that could be injurious to human, animal, or
plant life if released due to damage from flooding is prohibited in special flood
hazard areas.
2.
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COML Council Packet 6-11-24, Page 71 of 713
2. NewconstructionandsubstantialimprovementofanyresidentialstructureinanAO
zone shall meet the requirements in MLLIDC 15.540.060.
3. Fullyenclosedareasbelowthelowestfloorthataresubjecttofloodingare
prohibited, or shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs must meet
or exceed the following minimum criteria:
i. Haveaminimumoftwoopeningswithatotalnetareaofnotlessthanone
square inch for every square foot of enclosed area subject to flooding.
ii. The bottom of all openings shall be no higher than one foot above grade.
iii. Openings may be equipped with screens, louvers, valves, or other coverings or
devices; provided, that they permit the entry and exit of floodwater.
iv. A garage attached to a residential structure, constructed with the garage floor
slab below the BFE, must be designed to allow for the automatic entry and exit
of floodwaters.
D. Alternatively, a registered engineer or architect may design and certify engineered openings.
B. Manufactured Homes Must Be Elevated. All manufactured homes to be placed or substantially
improved shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated one foot or more above the base flood elevation and be
securely anchored to an adequately anchored foundation system to resist flotation, collapse and
lateral movement.
C. Recreational Vehicles. Recreational vehicles are required to either:
1. Be on the site for fewer than 180 consecutive days;
2. Befullylicensedandreadyforhighwayuse,onitswheelso2ackingsystem,be
attached to the site only by quick disconnect type utilities and security devices, and
have no permanently attached additions; or
3. Mustobtainadevelopmentpermitandmeettherequirementsofthissection,
including elevation and anchoring, for manufactured homes.
D. Nonresidential Construction. New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall meet the requirements of subsection (D%1) or
i 2) of this section.
1. New construction and substantial improvement of any commercial, industrial or
other nonresidential structure shall meet all of the following requirements:
i. In AE and 41-30 zones or other A zoned areas where the BFE has been
determined or can be reasonably obtained, new construction and substantial
improvement of any commercial, industrial, or other nonresidential structure
shall have the lowest floor, including basement, elevated one foot or more
above the BFE, or elevated as required by ASCE 24, whichever is greater.
Mechanical equipment and utilities shall be waterproofed or elevated at least
one foot above the BFE, or as required by ASCE 24, whichever is Breater.
ii . If located in an 40 zone, the structure shall meet the requirements in MLUDC
15.540.060.
iii . If located in an unnumbered A zone for which a BFE is not available and cannot
be reasonably obtained, the structure shall be reasonably safe from flooding,
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but in all cases the lowest floor shall be at least two feet above the highest
adjacent g,rade.
iv. Fullyenclosedareasbelowthelowestfloorthataresubjecttofloodingare
prohibited or shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowingforthe entry and exit offloodwaters.
Designs for meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the following
minimum criteria:
a. Haveaminimumoftwoopeningswithatotalnetareaofnotlessthanone
square inch for every square frxrt of enclosed area subject to flooding.
b. Thebotkomofallopeningsshallbenohigherthanonefootabovegrade.
c. Openin@smaybeequippedwithscreens,louvers,valves,orothercoverings
or devices; provided, that they permit the automatic entry and exit of
floodwater.
d. Agarageattachedtoaresidentialstructure,constructedwiththegarage
floor slab below the BFE, must be designed to allow for the automatic entry
and exit of floodwaters.
E. Alternative(y, a registered engineer or architect may design and certify engineered openings.
2. If the requirements of subsection (D%1) of this section are not met, then new
construction and substantial improvement of any commercial, industrial or other
nonresidential structure shall meet all ofthe following requirements:
i. Bedryfloodproofedsothatbelowonefootormoreabovethebasefloodlevel
the structure is watertight with walls substantially impermeable to the passage
of water or dry floodproofed to the elevation required by ASCE 24, whichever is
greater;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy;
iii. Becertifiedbyaregisteredprofessionalengineerorarchitectthatthedesign
and methods of construction are in accordance with accepted standards of
practice for meeting provisions of this subsection based on their development
and/or review of the structural design, specifications and plans. Such
certifications shall be provided to the official as set forth in MLUDC
15.540.015(B%2);
iv. Nonresidentialstructuresthatareelevated,notfloodproofed,mustmeetthe
same standards for space below the lowest floor as described in subsection
(A%2) of this section;
F. Applicants who are floodproofing nonresidential buildings shall be notified that flood insurance
premiums will be based on rates that are one foot below the floodproofed level (e.g., a building
floodproofed to the base flood level will be rated as one foot below). Floodproofing the building
an additional foot will reduce insurance premiums.)
E. Utilities.
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COML Council Packet 6-11-24, Page 73 of 713
1. Shall be designed to minimize infiltration offloodwaters. All new and replacement
water supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the systems.
2. Sanitary Sewage Systems. New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the systems and
discharges from the systems into floodwaters.
F. Subdivision Proposals.
1. All subdivisions and short subdivisions shall:
i. Minimize flood damage. Subdivisions and short subdivisions shall be designed to
minimize or eliminate flood damage to proposed structures; and public utilities
and facilities that are installed as part of such subdivisions, such as sewer, gas,
electrical, and water systems, shall be located and constructed to minimize
flood damage. Subdivisions should be designed using natural features ofthe
landscape, and should not incorporate flood protection chances;
ii. Have adequate drainage. Subdivisions and short subdivisions shall have
adequate natural surface water drainage in accordance with city's public works
development standards to reduce exposure to flood hazards; and
iii. Show flood areas on plat maps. Subdivisions and short subdivisions shall show
the 100-year floodplain, floodway, and channel migration zone where
designated by the city on the preliminary and final plat and short plat maps.
2. Detailed base flood elevation data shall be generated for subdivisions of at least 50
lots or five acres. Where detailed base flood elevation data has not been provided or
is not available from another authoritative source, it shall be generated for
subdivision proposals and other proposed developments which contain at least 50
lots or five acres, whichever is the lesser.
G. Alteration of Watercourses.
1.
2.
3.
4.
Shall require the submission of a critical area report by the applicant and be in
accordance with the habitat regulations set forth in MLLIDC 15.540.020 and
15.540.030 et seq. Watercourse alterations shall only be allowed when no negative
impacts occur to critical areas.
Shall not result in blockage. Watercourse alteration projects shall not result in
blockage of side channels.
Notification Required. The city shall notify adjacent communities, the Washington
State Department of Ecology, the Washington Department of Fish and Wildlife, and
the Federal Insurance Administration of the proposed watercourse alteration at least
30 days prior to permit issuance.
Maintenance of Alterations. The applicant shall maintain the altered or relocated
portion of the watercourse to ensure that the flood carrying capacity is not
diminished. The applicant shall furnish the city with a surety bond for maintenance,
which bond shall remain in effect for a period of five years after completion of the
alterations and be in accordance with a maintenance program approved by the
director for the alteration project. The bond shall be in an amount to be determined
by the director as sufficient to ensure that the flood carrying capacity of the
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COML Council Packet 6-11-24, Page 74 of 713
watercourse is not diminished and complies with the terms of the maintenance
program. The surety and the form of the bond shall be subject to the approval of the
city attorney.
H. Crawlspaces. Crawlspaces are commonly used as a method of elevating buildings to or above
the base flood elevation or providing area for easier access to utilities and other building
facilities. The following requirements apply to all crawlspaces that have enclosed areas or Roars
below the base flood elevation:
1.The building must be designed and adequately anchored to resist flotation, collapse,
and lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, includin@ the effect of buoyancy. Hydrostatic loads and the effects of
buoyancy can usually be addressed through the required opening standards set forth
below in this section. If crawlspace construction is proposed for areas in which the
flood velocities exceed five feet per second, the design must be reviewed and
approved by a registered architect or engineer.
2. The crawlspace is an enclosed area below the base flood elevation, and as such,
must have openings that equalize hydrostatic pressures by allowing for the
automatic entry and exit of fhaodwaters. Openings or vents must meet the following
criteria:
i. Aminimumoftwoopeningshavingatotalnetareaofnotlessthanonesquare
inch for every square foot of enclosed area subject to flooding shall be provided;
ii. The bottom of all openings shall be no higher than one foot above grade; and
iii. Openingsmaybeequippedwithscreens,louvers,orothercoveringsordevices;
provided, that they permit the automatic entry and exit offloodwaters.
3. All portions of the building below the base flood elevation must be constructed with
materials resistant to flood damage. The recommended construction pract'ce is to
elevate the bottom of the joists and all insulation above the base flood elevation.
4. Any building utility systems within the crawlspace must be elevated above the base
flood elevation or designed so that floodwaters cannot enter or accumulate within
the system components. Duct work must either be placed above the base flood
elevation or sealed from floodwaters.
5. Inadditiontotheaboverequirements,thefollowingspecificprovisionsalsoapplyto
beJow grade crawlspaces:
a. The interior grade of a crawlspace below the base flood elevation must not
be more than two feet below the lowest adjacent exterior grade;
b. Theheightofthebelowgradecrawlspace,measuredfromtheinterior
grade of the crawlspace to the top of the crawlspace foundation wall, must
not exceed four feet at any point;
d.
listed above will not be cansidered basements.
Pace
COML Council Packet 6-11-24, Page 75 of 713
1. Enclosed Area Below the Lowest Floor. If buildings or manufactured homes are constructed or
substantially improved with fully enclosed areas below the lowest floor, the areas shall be used
solely for parking of vehicles, building access, or storage.
J. Appurtenant Structures (Detached Garages and Small Storage Structures) in A Zones (A, AE, AH,
40).
1. Appurtenantstructuresusedsolelyforparkingofvehiclesorlimitedstoragemaybe
constructed such that the floor is below the BFE, provided the structure is designed
and constructed in accordance with the following requirements:
i. Use of the appurtenant structure must be limited to parking of vehicles or
limited storage;
ii. The portions of the appurtenant structure located below the BFE must be built
using flood-resistant materials;
iii. Theappurtenantstructuremustbeadequatelyanchoredtopreventflotation,
collapse, and lateral movement;
iv. Any machinery or equipment servicin@ the appurtenant structure must be
elevated or floodproofed to or above the BFE;
v. The appurtenant structure must comply with floodway encroachment
provisions in MLUDC 15.S40.070(B%1);
vi. Theappurtenantstructuremustbedesignedtoallowfortheautomaticentry
and exit of floodwaters in accordance with subsection (A)i3) of this section;
vii. The structure shall have low damage potential;
viii. lfthestructureisconvertedtoanotheruse,itmustbebroughtintofull
compliance with the standards governing such use; and
ix. The structure shall not be used for human habitation.
2.
3.
Detached garages, storage structures, and other appurtenant structures not meeting
the above standards must be constructed in accordance with all applicable standards
in subsection (A) of this section.
Upon completion of the structure, certification that the requirements of this section
have been satisfied shall be provided to the floodplain administrator for verification.
15.540.060 Performance standards - Areas of shallow flooding.
Shallow flooding areas appear on FIRMs as 40 zones with depth designations. The base flood
depths in these zones range from one to three feet above ground where a clearly defined channel
does not exist, or where the path of flooding is unpredictable and where velocity flow may be
evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions
a4Ph/:
A. Residential Structures. New construction and substantial improvements of residential structures
and manufactured homes within 40 zones identified in the flood insurance study and maps
referenced in MLUDC 15.540.010(A) shall have the lowest floor (including basement) elevated
above the highest adjacent grade of the building site to one foot above the depth number
specified in feet on the flood insurance map or at least two feet if no depth number is specified.
B. Nonresidential Structures. New construction and substantial improvements of nonresidential
structures within such 40 zones shall either:
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1. Havethelowestfloor(includingbasement)elevatedabovethehighestadjacent
grade of the building site to an height totaling one foot higher than the depth
number specified in feet on the flood insurance map or at least two feet if no depth
number is specified; or
2. Togetherwithattendantutilityandsanitaryfacilities,becompletelyfloodproofed
one foot above the depth number specified in the flood insurance map(s) referenced
in MLuDC 15.540.010(A) so that any space below that depth number is watertight
with walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamicloads
and effects of buoyancy. If this method is used, compliance shall be certified by a
registered professional engineer or architect as in MLUDC 15.540.040(H),
Floodprooffng.
C. Drainage Paths. All development shall include adequate drainage paths around structures on
slopes to guide floodwaters around and away from proposed structures.
D. RecreationalVehicles.RecreationalvehiclesplacedonsiteswithinAOzonesontheflood
insurance map(s) shall either:
1. Beonthesiteforfewerthanl80consecutivedays;
2. Befullylicensedandreadyforhighwayuse,onitswheelso2ackingsystem,be
attached to the site only by quick disconnect type utilities and security devices, and
have no permanently attached additions; or
3. Mustmeettherequirementsofthissectionandtheanchoringrequirementsfor
manufactured homes.
15.540.070 Prohibited uses and activities.
A. Critical Facilities. Construction of new critical facilities shall be permissible within frequently
flooded areas if no feasible alternative site is available. Critical facilities constructed within
frequently flooded areas shall have the lowest floor elevated three feet or more above the level
of the base flood elevation (100-year flood) or to the height of the 500-year flood, whichever is
higher. Floodproofing and sealing measures must be taken to ensure that toxic substances will
not be displaced by or released into floodwaters. Access routes elevated to or above the level of
the base flood elevation shall be provided to all critical facilities to the extent possible.
D. lfnototherwiserequiredbythecity,locatingofcriticalfacilitieswithinafrequentlyfloodedarea
shall be subject to SEPA review and action.
B. Construction in Floodways. Located within areas of special flood hazard established in MLUDC
15.540.010(A) are areas designated as floodways. Since the floodway is an extremely hazardous
area due to the velocity offloodwaters that can carry debris, and increase erosion potential, the
following provisions apply:
1. New construction requires certification by a licensed professional engineer.
Encroachments, including new construction, substantial improvements, fill, and
other development, are prohibited within designated floodways unless cer"f'ed by a
registered professional engineer. Such certification shall demonstrate through
hydrologic and hydraulic analyses, performed in accordance with standard
engineering practice, that the proposed encroachment will not result in any increase
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COML Council Packet 6-11-24, Page 77 of 713
2.
in flood levels during the occurrence of the base flood discharge. Small projects that
are solely to protect or create fish habitat and designed by a qualified professional
may be allowed without certification if the director determines that the project will
not obstruct flood flows. Fish protection projects shall be reviewed on behalf of the
city by a qualified professional in the field of hydraulics.
Residential Construction and Reconstruction Prohibited. Construction and
reconstruction of residential structures is prohibited within designated floodways,
except for:
i. Repairs, reconstruction, or improvements to a structure that do not increase the
ground floor area; and
ii. Repairs, reconstruction or improvements to a structure, for which the cost does
not exceed 50 percent of the market value of the structure either:
a. Before the repair or reconstruction is started; or
b. lfthestructurehasbeendamaged,andisbeingrestored,beforethe
damage occurred.
E. Improvement to a structure to correct existing violations of state or local health, sanitary, or
safety code specifications that have been identified by the local code enforcement official and
that are the minimum necessary to assure safe living conditions or to structures identified as
historic places may be excluded from the calculation of the 50 percent.
3. Substantially Damaged Residences in Floodway.
i. toor all substantially damaged residential structures, other than farmhouses,
located in a designated floodway, the floodplain administrator may make a
written request that the Department of Ecology assess the risk of harm to life
and property posed by the specific conditions of the floodway. Based on analysis
of depth, velocity, flood-related erosion, channel migration, debris load
potential, and flood warning capability, the Department of Ecology may exercise
best professional judgment in recommending to the local permitting authority
repair, replacement, or relocation of a substantially damaged structure
consistent with WAC 173-158-076. The property owner shall be responsible for
submitting to the local Bovernment and the Department of Ecology any
information necessary to complete the assessment. Without a favorable
recommendation from the Department for the repair or replacement of a
substantially damaged residential structure 10Cated in the regulatory fl00dWa7,
no repair or replacement is allowed per WAC 173-158-070(1); and
ii. Before the repair, replacement, or reconstruction is started, all requirements of
the NFIP, the state requirements adopted pursuant to Chapter 86.16 Flcw, and
all applicable local regulations must be satisfied. In addit'on, the following
conditions must be met:
a. There is no potential safe building location for the replacement residential
structure on the same property outside the regulatory floodway.
b. A replacement residential structure is a residential structure built as a
substitute for a legally existing residential structure of equivalent use and
Side.
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COML Council Packet 6-11-24, Page 79 of 713
Chapter 15.545
AQUIFER RECHARGE AREAS
15.54S.010 Critical aquifer recharge areas designation.
Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on aquifers
used for potable water as defined by WAC 365-190-030(2). CARAs have prevailing geographic
conditions associated with infiltration rates that create a high potential for contamination of ground
water resources or contribute significantly to the replenishment of ground water.
A. Wellhead Protection Areas. Wellhead protection areas may be defined by the boundaries of the
10-year time of ground water travel or boundaries established using alternate criteria approved
by the Washington State Department of Health in those settings where ground water time of
travel is not a reasonable delineation criterion, in accordance with WAC 246-290-135.
B. Sole Source Aquifers. Sole source aquifers are areas that have been designated by the L1.S.
Environmental Protection Agency pursuant to the Federal Safe Water Drinking Act.
C. Susceptible Ground Water Management Areas. Susceptible ground water management areas
are areas that have been designated as moderately or highly vulnerable or susceptible in an
adopted ground water management program developed pursuant to Chapter 173-100 WAC.
D. ModeratelyorHighlyVulnerableAquiferRechargeAreas.Aquiferrechargeareasthatare
moderately or highly vulnerable to degradation or depletion because of hydrogeologic
characteristics are those areas delineated by a hydrogeologic study prepared in accordance
with the State Department of Ecology guidelines.
E. Moderately or Highly Susceptible Aquifer Recharge Areas. Aquifer recharge areas moderately or
highly susceptible to degradation or depletion because of hydrogeologic characteristics are
those areas meeting the criteria established by the State Department of Ecology.
1S.545.020 Aquifer recharge areas susceptibility ratings.
Aquifer recharge areas shall be rated as having high, moderate, or low susceptibility based on soil
permeability, geologic matrix, infiltration and depth to water as determined by the criteria
established by the State Department of Ecology.
15.545.030 Mapping of critical aquifer recharge areas.
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As of the time of adR>puon of the ordinance codMed in this chapter, the city does not believe there
are any critical aquifer recharge areas within city limits relating to public drinking supplies. If this
situation changes, the city will show the approximate location and extent of critical aquifer recharge
areas on the adopted critical areas map.
15.545.040 Activities allowed in critical aquifer recharge areas.
The following activities are allowed in critical aquifer recharge areas pursuant to MLUDC 15.XX.xxx,
Allowed activities, and do not require submission of a critical areas report.
A. Construction of structures and improvements, including additions, resulting in less than five
percent or 2,500 square feet (whichever is greater) total site impervious surface area that does
not result in a change of use or increase the use of a hazardous substance.
B. Developmentandimprovementofparks,recreationfacilities,openspaceorconservationareas
resulting in less than five percent total site impervious surface area that do not increase the use
of a hazardous substance.
C. On-sitedomesticsepticsystemsreleasinglessthanl4,500gallonsofeffluentperdayandthat
are limited to a maximum density of one system per one acre.
In addition to the general critical area report requirements of critical area
reports for critical aquifer recharge areas must meet the requirements of this section. Critical area
reports for two or more types of critical areas must meet the report requirements for each relevant
type of critical area.
A. HydrogeologicAssessment.Forallproposedactivitiestobelocatedinacriticalaquiferrecharge
area, a critical area report shall contain a level One hydrogeological assessment. A Level Two
hydrogeologic assessment shall be required for any of the following proposed activities:
1. Activities that result in five percent or more impervious site area;
2. Activitiesthatdivert,alter,orreducetheflowofsurfaceorgroundwaters,orotherwise
reduce the recharging of the aquifer;
3. Theuseofhazardoussubstances,otherthanhouseholdchemicalsusedaccordingto
the directions specified on the packa@ing for domestic applications;
4. Theuseofinjectionwells,includingon-sitesepticsystems,exceptthosedomesticseptic
systems releasing less than 14,500 gallons of effluent per day and that are limited to a
maximum density of one system per one acre; or
5. Anyotheractivitydeterminedbythedirectorlikelytohaveanadverseimpacton
ground water quality or quant'ty or in the recharge of an aquifer.
B. Level 1 Hydrogeologic Assessment. A level 1 hydrogeologic assessment shall include the
following site- and proposal-related information at a minimum:
1. Availableinformationregardinggeologicorhydrogeologiccharacteristicsofthesite
including the surface location of all critical aquifer recharge areas located on-site or
immediately adjacent to the site, and permeability of the unsaturated zone;
2. Groundwaterdepth,flowdirectionandgradientbasedonavailableinformation;
3. Currentlyavailabledataonwellsandspringswithinl,300feetoftheprojectarea;
Page
COML Council Packet 6-11-24, Page 81 of 713
4. Locationofothercriticalareas,includingsurfacewaters,withinl,300feetofthe
project area:
5. Available historic water quality data for the area to be affected by the proposed activity;
and
6. Best management practices proposed to be utilized.
C. Level Two Hydrogeologic Assessment. A Level Two hydrogeologic assessment shall include the
following site- and proposal-related information at a minimum, in addition to the requirements
for a Level One hydrogeological assessment:
1. Historic water quality data for the area to be affected by the proposed activity compiled
for at least the previous five-year period;
2. Ground water monitoring plan provisions;
3. Discussion of the effects ofthe proposed project on the ground water quality and
quantity, including:
a. Predictive evaluation of ground water withdrawal effects on nearby surface
wells and surface water features; and
b. Predictive evaluation of contaminant transport based on potential releases to
ground water; and
4. A spill plan that identifies equipment and/or structures that could fail, resulting in an
impact. Spill plans shall include provisions for regular inspection, repair and
replacement of structures and equipment that could fail.
15.545.060 Performance standards - General requirements.
A. Activities may only be permitted in a critical aquifer recharge area if the applicant can show that
the proposed activity will not cause contaminants to enter the aquifer and that the proposed
activity will not adversely affect the recharging of the aquifer.
s. The proposed activity must comply with the water source protection requirements and
recommendations of the u.s. Environmental Protection Agency, Washington State Department
of Health and the city of Moses Lake wellhead protection plan.
C. The proposed activity must be designed and constructed in accordance with the locally adopted
surface water management or water quality regulations.
1S.54S.070 Performance standards - Specific uses.
A. Storage Tanks. All storage tanks proposed to be located in a critical aquifer recharge area must
comply with local building code requirements and must conform to the following requirements:
1. Underground Tanks. All new underground storage facilities proposed for use in the
storage of hazardous substances or hazardous wastes shall be designed and
constructed so as to:
a. Preventreleasesduetocorrosionorstructuralfailurefortheoperationallife
of the tank;
b. Be protected against corrosion, constructed of noncorrosive material, steel
clad with a noncorrosive material, or designed to include a secondary
containment system to prevent the release or threatened release of any
stored substances; and
Page 67 of 69
COML Council Packet 6-11-24, Page 82 of 713
c. Usematerialintheconstructionorliningofthetankthatiscompatiblewith
the substance to be stored.
2. AbovegroundTanks.AIInewabovegroundstoragefacilitiesproposedforuseinthe
storage of hazardous substances or hazardous wastes shall be designed and
constructed so as to:
a. Notallowthereleaseofahazardoussubstancetothe@round,groundwaters,
or surface waters;
b. Haveaprimarycontainmentareaenclosingorunderlyingthetankorpart
thereof; and
c. Asecondarycontainmentsystemeitherbuiltintothetankstructureoradike
system built outside the tank for all tanks.
B. Vehicle Repair and Servicing.
1. Vehicle repair and servicing must be conducted over impermeable pads and within a
covered structure capable of withstanding normally expected weather conditions.
Chemicals used in the process of vehicle repair and servicing must be stored in a
manner that protects them from weather and provides containment should leaks occur.
2. Nodrywellsshallbeallowedincriticalaquiferrechargeareasonsitesusedforvehicle
repair and servicing. Dry wells existing on the site prior to facility establishment must be
abandoned using techniques approved by the State Department of Ecology prior to
commencement of the proposed activity.
C. Residential Llse of Pesticides and Nutrients. Application of household pesticides, herbicides and
fertilizers shall not exceed times and rates specified in the packaging.
D. Use of Reclaimed Water for Surface Percolation or Direct Recharge. Water reuse projects for
reclaimed water must be in accordance with the adopted water or sewer comprehensive plans
that have been approved by the State Departments of Ecology or Health.
1. Useofreclaimedwaterforsurfacepercolationmustmeetthegroundwaterrecharge
criteria given in RCW 90.46.080(1) and 90.46.010(10). The State Department of Ecology
may establish additional discharge limits in accordance with RCW 90.48.080(2).
2. Direct injection must be in accordance with the standards developed by authority of
RCW 90.46.042.
E. State and Federal Regulations. The uses listed below shall be conditioned as necessaryto
protect critical aquifer recharge areas in accordance with the applicable state and federal
regulations.
Statutes, Regulations, and Guidance Pertaining to Ground Water Impacting Activities
A. Below Ground Storage Tanks Chapter 173-360 WAC
B. Chemical Treatment, Storage, or Disposal of Dangerous Waste WAC 173-303-141
C. Hazardous Waste Generator (Boat Repair Shops, Biological Research Facility, Dry Cleaners,
Furniture Stripping, Motor Vehicle Service Garages, Photographic Processing, Printing and
PublishingShops,etc.) Chapterl73-303WAC
D. Injection Wells Federal40 CFR Parts 144 and 146, Chapter 173-218 WAC
COML Council Packet 6-11-24, Page 83 of 713
E. JunkYardsandSalvageYards Chapterl73-304WAC,BestManagementPracticesto
Prevent Stormwater Pollution at Vehicles Recycler Facilities (Washington State Department
of Ecology 94-146)
F. OilandGasDrillin(HWAC332-12-450,Chapterl73-218WAC
G. On-Site Sewage Systems (Large Scale) Chapter 173-240 WAC
H. On-SiteSewageSystems(<14,50CJal/day)Chapter246-272WAC,LocalHealth0rdinances
I. Pesticide Storage and Use Chapters 15.54 and 17.21 RCW
J. Sawmills Chapters 173-303 and 173-304 WAC, Best Management Practices to Prevent
Stormwater Pollution at Log Yards (Washington State Department of Ecology, 95-53)
K. Solid Waste Handling and Recycling Facilities Chapter 173-304 WAC
L. Surface Mining WAC 332-18-015
M. Wastewater Application to Land Surface Chapter 173-216 and 173-200 WAC,
Washington State Department of Ecology Land Application Guidelines, Best Management
Practices for Irrigated Agriculture
Page 69 of 69
COML Council Packet 6-11-24, Page 84 of 713
Comment #1
State of Washington
DEP ARTMENT OF FISH AND WILDLIFE REGION TWO
Mailing Address: 1550 Aldpr Street NW, Ephrata, WA 98823-9699 509 754-4624 TDD 360 902-2207
Region Two Office Location: 1550 Alder Street NW, Ephrata, WA
May 30, 2024
City of Moses Lake Community Development Department
Attention: Ms. Vivian Ramsey - Community Development Plaru'iing Manager
401 S. Balsam St.
p.o. Box 1579
Moses Lake, WA 98837
SUBJECT: CITY OF MOSES LAKE UNIFIED DEVELOPMENT CODE UPDATE
Dear Ms. Ramsey
On May 15, 2024, the Washington Department of Fish and Wildlife (WDFW) received notice from
the City of Moses Lake Community Development Department that they are accepting comments
regarding the proposal referenced above. WDFW's interest in this proposed Moses Lake Unified
Development Code (ML{JDC) Update, in particular Chapter 15.510, is based on our agency's
mandate to perpetuate fish, wildlife, and their habitat (RCW 77.04.012). WDFW Habitat Program
staff review proposed changes to local jurisdictions' land use plans (Comprehensive Plan, Zoning
Code, Critical Areas Ordinance, etc.) to advise of potential fish and wildlife issues and impacts. In
keeping with our role as a technical advisor, we offer the following comments and
recommendations.
In section 1 5.530.010(2), WDFW has a recommendation we feel will help to standardize and more
clearly refer to the Washington Department of Fish and Wildlife's Priority Habitats and Species
Program. WDFW recommends revising this provision to state, "Priority Habitats and species
identified in reference to lists, categoiies, and definitions promulgated by the Washington
Depaitment of Fish and Wildlife as identified in WAC 232-12-011 or 232-12-014; in tlie priority
habitat and species (PHS) progran'i of the Depaitment of Fish and Wildlife" similar to the City of
Leavenworth's Critical Areas Ordinance, Chapter 16.08.430.
Section 15.530.040, titled 'Performance standards - Specific habitats.', contains a mitigation table
(15.530.040(C)(5)) requiring progressive mitigation ratio requirements for any development within
shrubsteppe habitat. While WDFW is supportive of the City of Moses Lake resolve to obtain
adequate mitigation for disturbance to native shrubsteppe habitat, the required ratios in the table
appear to be based on similar wetland mitigation ratios, which is not based on any best available
science (BAS) WDFW has published, or any other published best available science literature that
may be considered BAS.
WDFW is currently working to update and provide recommendations regarding adequate mitigation
for impacts to native shrubsteppe habitat, to achieve no net loss of habitat functions and values, but
these efforts will not be completed before the adoption of this City of Moses Lake's current
COML Council Packet 6-11-24, Page 85 of 713
WDFW Comments: Proposed City of Moses Lake Unified Development Code Update
May 30, 2024
Page 2 of 2
Development Code update. To ensure the code incorporates future BAS from WDFW, in section
15.530.040, we suggest the City of Moses Lake remove the current table and adopt in its place, for
sbsteppe mitigation, the recommendations in WDFW's PHS Management Recommendations,
'ManagementRecommendations for Washington's Priority Habitats: Shrubsteppe', as amended, to
obtain adequate shrubsteppe habitat protection, enhancement, and/or rehabilitation for future
development projects. Please see the attached copy of the draft development code with track changes
for reference.
WDFW would like to thank you for the opportunity to review and provide cotnments on the
proposed ML,UDC amendments. If you have any questions or would like to schedule time with
WDFW staff to discuss our comments, I can be reached by email or at (509) 630-2729.
Sincerely,
5t;y 9
COML Council Packet 6-11-24, Page 86 of 713
MLUDC Comment #2 CoML PW Jason Grubb/Ueu Co>
COMMENT #2
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COML Council Packet 6-11-24, Page 87 of 713
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COML Council Packet 6-11-24, Page 91 of 713
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sSE allCOML Council Packet 6-11-24, Page 92 of 713
MLUDC Comment #3 Rebecca Hutsell
City Coiincil Membrii's & Planriirig Con'imis:iioners
City of Moses Lake, WA
II has come to our al(enlion tliai most of you did not receive our letter dated Feb.2i2024.
This letter was in referanco 10 I!)!'1108 about vacatIon rentnls '/Ve litive spoken to llio ownorg
of 25 or the 32 lionies iri out neigliborhood and all or lhom do not iivanl vacation ttinials in Iho
neighborhood. This naighborhood is Zoned RL This zoning has always been ror single famiiy
rosldeniial use only If Is a spocial zone, excluding buslnessos. In llie new code lliat is going
lo be consideted vacation rentals will be allowed. Tlie malorily of the people who live In the
QOighb.Qrl-l!)0d Sl10llld liuVO a choico :'iboui what ha)ipans ll1tttO. TIIOSO hOrneS wOrO
expenslve to buy Sliorl larin ronlals wara volad ni by a clly councll lliat had thoir solT intorosl
in mlnd. The mayor vias later was removed (rom his position because he yias noi a resldent oT
lha city.
Right now you could correc( a wrong that vias Toisted onto neighborhoods.
We ask you to ramova sliort iarm ranfals from our codo. l) ig Ilio rlght thing to do unlil poopla
In these neighborhoods ate askod (or their opinions.
Rabacca and Wayne I-l+iisoll
1021 EdgevialarLane
Moses Lake, lVA.
5099892749
,,7, 2 k 2 a," :/
RECEIVED
COMMUNITY DEVELOPMENT
1. :, '!i V %l' ) >i i Th Q -a', l:
hlltt'; Il[lnCk 4;r+l1@Jlt" rrtraitltti'tiiailnl/tl7'lrClul4nTQa:'!!vil ll'l(:lll'.lY('l;It;j7 :il)11 ti-F j ' 11!":"ll71=ill " a' j " -: l -:li ". I
' i a. I ' I
COML Council Packet 6-11-24, Page 93 of 713
DearCityCouncilMembers, A Plghnv ee6MiiemitarJ
Following are suggestions about what we think needs to be added to the short term rental code.
These suggestions are based on our experience of living in a neighborhood that has vacation
rentals and on the research of other cities' vacation codes. In particular the city of Chelan.
Short Term Rentals 15.650
aChapter 15.630 Permitted Zones
1. Do not allow vacation rentals in R1.
2. R'l was designed for single family dwellings, not as a business district
Chapter 15.650.050 Application
'I. Notify the entire neighborhood if an application is filed for a new vacation home
2. Allow this nelghborhood to discuss the application and the final decision on granting a license
online to
A.application of client and phone number
B. inspection forms for the house,that lists number if bedrooms and type of beds
C. a copy of their ad that they will post online, that dearly states the number of
allowable people
Chapter 15.650.060 Criteria for Endorsement
, 1. Maximum of 12 people in a house
2. Maximum of two people per bedroom, including children, space requirements of 70 sq.ft by 50
sq.ft per persons as per The international ResldenUal Code
3. Advertisement required to match legdl description of number of bedrooms
4. Rentable limits to 10 days a month
5. Allowableparkingonlyinthedrivewayandfrontofthehouse,nottoexceedthenumberof
bedrooms
6. Signage outside, 4ftx 4ft, identify it as a vacation rental
7. Signage to Include a 24 hr contact name and number
8. Accurate inspection of the number of beds in bedrooms
COML Council Packet 6-11-24, Page 94 of 713
.i,.-*
ADDITIONAL ITEMS TO BE CONSIDERED
Set an allowable number of businesses, including rentals in the neighborhood as 6%.
Do not allow businesses. including vacation homes to be licensed within 5 residential
lots of each other
Include a revocation clause
Manage compliance of number of overnight guests
Require the business license to be posted on their ad with vrbo, etc
Add watercraft and lake safety information to be available at rental
Set up a quality tracking program for unlicensed vacation properties
Fund more personnel in the dept that Is managlng this
We have committed a lot of time and energy into gathering this information. As we stated in our letter our
neighborhood does not support vacation rentals. Allowing these types of businesses into R'1 zoning is
wrong. R1 was designed for single family occupancy. We would appreciate your support and not allow
them. a
Sincerely,
Rebecca Hutsell
COML Council Packet 6-11-24, Page 95 of 713
Dear City Council Mambers & Planning Commissioners,
Following are suggestions about what we think needs to be added or changed in the new home
occupation code. Theso are based on our experiences or living in a neighborhood that has had home
businesses.
Chapter 15.630.C110 Purpose
l.Do not allow buslnassas in R1
2 " B' Protect resldentlal areas (rom poienilal... Should come berore 'aA" Permit residents oT lho
community a broad choice..
3. Remove ' broad choice from 'A'. Replace with limited choice..
Cl'iapter 15.630.030 Defined
l.Replace.. Must bo camod oul entirely wilii llie rosldanca.
2.Do riot allow an additional sinic(ure lo be added to the ptopMy for business purposes
Chapkar 15.630.030 General Requirements
1.Homa businessos for llio nelghborliood sol at 6%
2.Allowable square teal retumed 10 original space of 200 square feel as on pravlaus csda
3.Remove one rip@, (@rr)lly person allowed lo be emp(oyed.
4.lnclude specific number of customers vehicles
5.Change number of delivery vehicles lo one.n week
Chapter 15.630.050 Application Requirements
Add notification of neighborhood oT applications for al! type of businesses
Neighbothood decides ff the business Is acceptable.
use. Noli(icalion should allow for
Chapter i5.630A TABLE OF PERMITTED HOME OCCUPATfONS
1.Remove Daycaro because It would add ioo much kalllc from numerous cuslomers
2.As statod In pravious cliaplor, prlor nollficallon to onllra nelghborliood (or approval
Chapter 16.630.060 Unclassi(ied liome occupation
l. Neighborhood Is notified of Ihese appllca!Ions and allowed to decide ff business Is acceplable
Chapler 15.630.070 Home occupations not parml)led
1.Add dry dock ren!al business
2.Add all olher ma!orized vehicle rentals. Ie. motorcycles, scooters etc.
ADDITIONAL ITEMS TO BE CONSIDERED
All information about tho business application be posted online
Name or applicant
Address of business
Type of businoss
How much and typa o( Irafflc, by cuslomms and delivery, will be qenerated
How many customers
Hours of operation
All these suggeslions would rolum tlio managemanl back lo the neighborhood. Our neighborhood is
zoned R1, whicli Is doslgi'iatad for singlo fan'iily dwellings. It is nol a buslnoss district. Discussions aro
needed before lhe adoptlon of tlio now code.
Sincerely,
R!::('J:IV[[)
Wayne and Rebacca Hulsall 000% ,'a : . , - ., . , , . , :. ll ' 11 f- NT
],e., 7 V, ;?t'y2 f MAF .. .i ...l ;
CITY OF MOSES LAhc
1111pS://(10(;C.tll')ligl(I.COl1t/tlOClllYlliflt/Cl/11f(lMO9:" (ltX 5)'X '+'J)k Vf'l/!DXlj/11T )-It-I/11:)V ph ' !l mild' B- S2a /(i[li l !il7al7ts, T:iTt P)i'i
Riqn I tl+ 2
COML Council Packet 6-11-24, Page 96 of 713
j
From:
To:
Cc:
Subject:
Date:
Attachments:
Kvlee Giraud
Michelene Torrev
Chris Clarke: Sam Dart
Re: SEPA REVIEW ML Unified Development Code
Monday, May 20, 2024 11:08:14 AM
Outlook-Moses Lake
Outlook-bl%m3u5.pnq
MLUDC Comment #4 Grant PUD
Caution: This message was sent from outside your organization.l Block sender
Good morning,
Grant F)LI[) has no comments at this time. It We have any future concerns, we will follow up
with a formal letter.
Thanks,
!<ylee Giraud
Lands Specialist
c.ii 509.721.0542
OFFICE 509.754.7773
PHONE 509.754.5088 EXT. 3256
EMAIL kwatkins@Bcpud.or@
grantpud.org
From: Michelene Torrey <mtorrey@cityofml.com>
Sent: Wednesday, May 15, 2024 4:26 PM
To: Andres Kenworthy <Andres.Kenworthy@lumen.com>; Brad Martin <martin.bradley@epa.Bov>;
Cascade Natural Gas <sgrant@cngc.com>; Casey Barney <CaseyBarney@Yakama.com>; Cindy
Preston <cindy.preston@dnr.wa.gov>; Corrine Camuso <CorrineCamuso@Yakama.com>; Craig
Simpson <csimpson@ecbid.org>; Danielle Rice (drice@grantcountywa.gov)
<drice@@rantcountywa.gov>; Darryl Pheasant (dpheasant@grantcountywa.gov)
<dpheasant@@rantcountywa.gov>; Dept of Archeology and Historic Preservation
<SEPA@dahp.wa.gov>; DFW <WDFWR2Planning@dfw.wa.gov>; Gerrit Klein
<G.Klein@Macc91l.orB>; Lands <Lands@gcpud.org>; Guy Moura (HSY)
<Guy.Moura@colvilletribes.com>;Jeremy O'Neil <joneil@mlsdl61.org>; Jessica Lally
<JessicaLally@Yakama.com>; Kevin Fuhr <kfuhr@cityofml.com>; Lindee Kirkendal
<Iindee.l.kirkendall@usps.gov>; Marion F. Jr. Agbisit (Marion.%bisit@vyvebb.com)
<Marion.Agbisit@vyvebb.com>; mmiller@portofmoseslake.com <mmiller@portofmoseslake.com>;
Moses Lake Irrigation District <mlird@mlird.orB>; Richard Law <rlaw@cityofml.com>; Robert Sloma
(robert.sloma@colvilletribes.com) <robert.sloma@colvilletribes.com>; Sikes, Jeremy (ECY)
<JSIK461@ECY.WA.GOV>; Stephanie Shopbell (sshopbell@granthealth.org)
<sshopbell@granthealth.org>; WSDOT <NC-review@wsdot.wa.gov>; Derek Beach
COML Council Packet 6-11-24, Page 97 of 713
COML Council Packet 6-11-24, Page 98 of 713
MLUDC Comment #5 CoML Surveyor Wayne Ostler
Michelene Torrey
From:
Sent:
To:
Subject:
Wayne Ostler
Thursday, May 30, 2024 10:36 AM
codecomments
RV Parks Code edits
The text and numbers need to be the same
15.645 Recreational vehicle park.
Rec.reatioiiai vetsicle parks shall be permittecl in accordance vi'ith the use tables in ML
sukiject to tPie fo)]owiri5 pierformance standards:
A. Minimuny size of tlie recreational vehicle park. Orie hundred thousand square fi
B. Mcxxinwrn gross c/ensi;ty. Orie recreatioria! vehicle space per each 2,000 square
C. Recreatiorial s,pace". A n"iiriimum of twenty piercent (15%) of the t-ecreational vel
excludinB; tlie area dedicated to pernqitted uses, accessory uses, and critical are
and maintained for Buest open space recreation. The operi space shall be ;=icces
area reqciirement may be reduced to $ercent (iO%) if substaritial and al
facilities such as recreational buildings, svvin'iming pocii or tennis courts are pro
D. Miriiniur'ry vvjc/t/'i. Each recreational vehicle space shall (iave a minimun-i width o
Thank you,
Wayne Ostler, pLS
Development Surveyor
Public Works; Engineering
City of Moses Lake
321 S. Balsam
Moses Lake, WA 98837
O: 509-764-3774
C: 509-770-0089
wostler@cityofml.com
,4-
1
COML Council Packet 6-11-24, Page 99 of 713
Michelene Torrey
From:
Sent:
To:
Subject:
Wayne Ostler
Friday, May 24, 2024 3:44 PM
codecomments
15.330 BSP
The BSP code doesn't identify specific elements required on the map, or whether its a Record of Survey or if its
more similar to a plat in nature. Without specific requirements, its up to the surveyor to determine what he wants
to have or not have on the map. The city will have zero control over mapping elements and it wilL be a wild-west
situation.
Typical mapping element requirements:
RCW 58.17
WAC 332-130
MLMC: Surveyor's DecLaration language, stamp & signature
MLMC: Owner's Declaration Language, signature & notary
This section needs attention
Thankyou,
Wayne Ostler, PLS
Development Surveyor
Public Works; Engineering
City of Moses Lake
32al S. Balsam
Moses Lake, WA 98837
O: 509-764-3774
C: 509-770-0089
wostler@cityofml.com
1 COML Council Packet 6-11-24, Page 100 of 713
Michelene Torrey
From:
Sent:
To:
Subject:
Wayne Ostler
Friday, May 24, 2024 3:17 PM
codecomments
BLA 15.325
Chapter 15.325 Boundary Line Adjustment:
1. Thebodytextofthecodeshowsl5.315....thenumbersneedtomatch
Chapter 325
Boundary Line Adjustments
15.315.170 Boundary Line Adjustment Procedure.
A. A request for a boundary line adjustment is processed as a Type
decision.
B. Boundary line adjustments may also be accomplished as part of a subd
short subdivision.
15.315.180 Boundary Line Adjustment Application Submittal Requirements. An
shall submit a complete boundary line adjustment application to the City. The
shall accompany a complete application for the purposes of this chapter:
A. Evidence of ownership or authorization from the property owner to apply
B. Legal Lot of Record for each lot.
C. A Record of Survey map meeting the elements of WAC 332-130 and RC
2. Ti'iefinalapprovalandrecordingisalittlecomusing.ThecodeisunclearwhatwerequiretornaketheBLq
change final. It states that the boundary lines are adjusted when the BLA is recorded. Either the BLA map
needs to have an owner's declaration and be signed & notarized by all parties on the map, or there needs to
be follow-up of Quit Claim Deeds to be recorded.
Thank you,
Wayne Ostler, PLS
Development Surveyor
Public Works; Engineering
City of Moses Lake
321 S. Balsam
Moses Lake, WA 98837
O: 509-764-377 4
C: 509-770-0089
wostler($cityofml.com
,+
I COML Council Packet 6-11-24, Page 101 of 713
Michelene Torrey
From:
Sent:
To:
Cc:
Subject:
MLUDC Comment #6 WSDOT
NC-Review <NC-Review@WSDOT.WA.GOV>
Monday, May 20, 2024 8:48 AM
Michelene Torrey
Richards, Marcus; Verellen, Clayton; Darveshi, Shaun; Reynolds, James
RE: [EXTERNAL] SEPA REVIEW ML Unified Development Code
Caution! This message was sent from outside your organization.Allow sender Block sender
Greetings,
Thankyou forgivingWSDOTthe opportunityto comment on the ML Unified Development Code project. Atthis
time, WSDOT has no comments.
-Thank you
From: Michelene Torrey <mtorrey@cityofml.com>
Sent: Wednesday, May 15, 2024 4:26 PM
To: Andres Kenworthy <Andres.Kenworthy@Iumen.com>; Brad Martin <martin.bradley@epa.gov>; Cascade Natural Gas
<sgrant@cngc.com>; Casey Barney <CaseyBarney@Yakama.com>; PRESTON, CINDY (DNR)
<cindy.preston@dnr.wa.gov>; Corrine Camuso <CorrineCamuso@Yakama.com>; Craig Simpson
<csimpson@ecbid.org>; Danielle Rice (drice@grantcountywa.gov) <drice@grantcountywa.gov>; Darryl Pheasant
(dpheasant@grantcountywa.gov) <dpheasant@grantcountywa.gov>; Dept of Archeology and Historic Preservation
<SEPA@dahp.wa.gov>; DFW <WDFWR2Planning@dfw.wa.gov>; Gerrit Klein <G.Klein@Macc91l.org>; Grant PUD
<lands@gcpud.org>; Guy Moura (HSY) <Guy.Moura@colvilletribes.com>; Jeremy O'Neil <joneil@mlsdl61.org>; Jessica
Lally <JessicaLally@Yakama.com>; Kevin Fuhr <kfuhr@cityofml.com>; Lindee Kirkendall
<Iindee.l.kirkendall@usps.gov>; Marion F. Jr. Agbisit (Marion.Agbisit@vyvebb.com) <Marion.Agbisit@vyvebb.com>;
mmiller@portofmoseslake.com; Moses Lake Irrigation District <mlird@mlird.org>; Richard Law <rlaw@cityofml.com>;
Robert Sloma (robert.sloma@colvilletribes.com) <robert.sloma@colvilletribes.com>; Sikes, Jeremy (ECY)
<JSIK461@ECY.WA.GOV>; Stephanie Shopbell (sshopbell@granthealth.org) <sshopbell@granthealth.org>; NC-Review
<NC-Review@WSDOT.WA.GOV>; Derek Beach <dbeach@cityofml.com>; USBR Group <BOR-sha-CCA-
SEPAPlats@usbr.gov>; ECY RE SEPA REGISTER <separegister@ecy.wa.gov>; Melissa R. McKnight
<mrm@grantcountywa.gov>; jgonzalez@ecbid.org
Cc: Vivian Ramsey <vramsey@cityofml.com>; James Bagley <jbagley@cityofml.com>; Amy Harris
<aharris@cityofml.com>; codecomments <codecomments@cityofml.com>; Planning <planning@cityofml.com>
Subject: [EXTERNAL] SEPA REVIEW ML Unified Development Code
WARNING: This email originated from outside of WSDOT. Please use caution with links and attachments.
Good Afternoon,
Attached is the DNS and SEPA checklist for the Moses Lake Unified Development Code for your review
and comment. Comments, if applicable, are due May 30th, 2024 by 5:00PM.
You can find associated code sections here: 2024 Development Code Update l Moses Lake, WA - Official
Website(cityofml.com)
1 COML Council Packet 6-11-24, Page 102 of 713
COML Council Packet 6-11-24, Page 103 of 713
MLUDC Comment #7 Conservation District
CON9ERVATlnH DIBTnleT
May 30, 2024
Amy Harris, Assistant Planner
City of Moses Lalce
Re:2024 Unified pey61opment Cod6 Updates
Dear Ms. Harris,
The Columbia Basin Conservation District offers the following coinments regardingtlie City of Moses
Lake's Detetmination of Non-Signil'icance (May 10, 2024) for proposed code amendinents, described as
"An amendment to repeal and replace tlie current Chapters 14, and Chapters 17 througli 20 o7 tlie City ofMoses Lake Municipal Code and gloption of the 2024 Unified Development Code, Title 15.
Chapter 15.545.030 '4Mapping of crttical aquifer recharge areas" states (p. 65), "As of t]ie time of
adoption of the ordinance codified ii'i !Jiis chapter, the city does not believe tliere are any critical aquifer
recl'iarge areas within city limits re)ating to pub]ic drinking supplies."
We understand this ordinaitce will apply to other areas sucli as the Urban Growtli Areas (UGAs). You
have not addressed crilica] aquifer areas in the UGAs. Shallow welts are the backboi'ie of the drinking
water supplies in these unincorporated areas and should be mapped and protected. Furtlier, we understand
tliis grorindwafer is connected to our surface water bodies.
Chapter 15.545.040 "Activities allowed in critical aquifer reeharge areas" states (p. 65), "The
following activities are allowed in critical xecharge areas Ixirsuacit to MLUDC 25. XX.xxx, Allowed
activities, and do not require sibtnission of a critical areas repoit." Section C. states (p. 66), "On-site
domestic septic systems re]easing less t)ian 14,500 gallons per day axid tliat are liinited to a maximum
density of one system per acre."
This seems to be a reasottable solution to serve reinote areas where city sewer is not available. However,
the history of deve]opment in our UGAs lias been to rely on tliese on-site septic systems in higher-density
developments. For example, a proposed development called "The Farms at Dune lakes " (see attaclied )
is being proposed witb on-site septics in an area wliere city sewer is available. This seems to be
coumerproductive to the oiigoing effoits to retluce pJiosplioriis input into Moses Lake wlffch sLtares this
shal]ow groundwater.
Numerous studies over the last severaJ decades have pointed to septic tanlts contributing to tlie l'iarmful
algal blooms in Moses Lake (see attaclied).
We are urging the City of Moses Lake to amend and adopt code language tliat better protects our
Columbia Basin Conservation District
903 W. 3rd Ave., Moses Lake, WA 98837
(509) 765-9618
COML Council Packet 6-11-24, Page 104 of 713
Page 30
Session 3B
4ch Symposium on Uye Hydrogeology of Washington State
SW/GWlnteradonl Apr8 3:45-5:15pm
A Total Mmimum Daily Load (TMDL) Study of the Quality of the Groundwater
Discharge to Mosss Lake, Washington
Charges F, Pitz
Moses Lake, located in oentral Washington, has exhibited eutrophic or hypereutrophlc
conditions over the past several decades, The lake was included on the 1996 federal C)ean
Water Act 303(d) list as an impaired waterbody. Phosphorus has been identified as the limiting
nutrient for the lake. Based on characteristic uses of the lake, an in-lake total phosphorus
mncentration target of O.050 mg/L has been proposed to manage water quality concerns. In
order to develop an allocation strategy for phosphorus loading to the lake, a comprehensive
Totai Maximum Daily Load (TMDL) study was conducted by the Washington State Department
of Ecology Environmental Assessment Program durlng 200'l.
In support of the TMDL study, the role of groundwater input in the lake's water quality was
inveatigated. To better diarademe the nutrient content of groundwater directly discharging to
the lake, and to evaluate posslble nutrient sources, 12 lake-bed piezometers were installed in
the littoral zone of the lake along portions of the shoreline judged from regional data to be
receiving groundwater discharge. Water quality saniples were collected from the piezometers,
as well as from one near-shore domestic well and two surface springs, during May, July, and
October of 2001. Samples were analyzed for orthophosphate (OP), total dissolved
phosphorus, nitrate-N, ammonia-N, total persulfate nitrogen, chloride, total dissolved sollds,
and diuolved iron and manganese
The majority of stations (76%) exhibited OP conzntrations above the O.050 mg/L target
criteria. Conoentrations of OP in groundwater generally increased from north to south, and
parallel increases in concentrations of parameters indicating anthropogenic impact to water
quality. A statlstimlly significant relationship was established between OP concentration and
the relaUve perzntage of urban development upgradient of each station. These findings
suggest that urban releases of wastewater to the aquifer are likely the primary origin of
phosphorus entering the lake via groundwater discharge.
Washlngton StahDepettmentofEcology, Env{ronmentelAssessrnentProgmm, POEkix477lO,
Olympia, WA, 98504-7710; Telephone (360)407-8775; Fox (380)407-43884; Email
chpi46l@ecy,wa.qH
COML Council Packet 6-11-24, Page 105 of 713
2/10/22, 9:51 AM Repodpomts tomuse of Lake poguflon IBusmms % tdn.eom
https://tdn.corn/business/Yocal/report-points-to-cause-of-moses-Take-poffution/articJ2S8255b4-e857-57ad-
bcfi5 f'l(K?'4fGa<J2J'i[uJ
ReportpointstoeauseofMoses lakeponution
Dec 23, 2002
have been blamed on agricultura} runoff.
But anewreport bythe state EcologyDeparhnent points to a different cause: nearby
septic tanks.
The results of a studybystate hydrologist Charles Pitz foundthe higlxest
plioqhorous concentrations on the southern portion ofthe lake. It is therein
developed urban areas nearthe shoreline tliat grotmd water discharges into the ii-
square-mile lake, whi& is heavilyused byboaters and others.
Pitz said nearby septic systems arethe likelysource. At one testing station, where Pitz
said hefound the highest phosphorous levels, he learned thatthe city ofMoses Lake
had replaced a leaking sewer line.
"The datasuggests waste water is the primary source of phosphorous," he said. "I
don't think agriculture is significantly addingto the problem."
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COML Council Packet 6-11-24, Page 106 of 713
2/10/22, 9:5al AM Report points ko cause of Moses Lake poNutlon I Bush'iess I tdn.tx+m
:i Offlciajs release updates on three 2021 Longview and Keiso cases
Woodland students, community members protest mask mandate Friday
Moses Lakehaslonghadtroublewith algaeb}ooms.Aidedbylightandwarm
tempprs+nrpq, the lake's phosphorous contentprovides food andprompts algae to
bloom duringthe summer. The algae has been blamed forfish deaths as well as the
nastyodor itleaves whenitwashes up on shore.
In 1996, the state put Moses Lake on its listofimpairedwaters.
Evenifscientists thinktheyhavefoundtbesource, however,the problem is expected
to be around for atleast another summerwbile an advisorycommittee seelcs
remedies.
Arecoriunendation is expected in Ma:reh from the committee, whim comprises
representa5ves the CattlemenfsAssociation, Audubon Society, Washington State
Farm Bureau, U.S. BureauofReclamation, Grant County Health Districts and lake
shore homeowners, among other groups.
Ecologyofflcials expectto accept publiccomment in May, submit packageto the
federal Environmental Protection Ageney in June and have a cleanup program ready
to go in September.
Jim Carroll ofthe Ecology Department's Environmental Assessment Program said
by35 percent.
Copyii61 1999 Associated Press. Allrights reserved. Thismate: may
nO'f abP pubHshed,Li u;bdtaal i(Wl;l[t;i:k* On * b J'2-'il ii :Jis*l* il.
hltpsa/nr4nrnm/hiiqlnmiq/lnr'm/raptirtpalnttr-tocaii=:oafmaaaalakopollutton/arUdeJ5B255b4-a85l-57ad-td6{402a4f8acd2.html#tnrans-sougemogin 2/3
COML Council Packet 6-11-24, Page 107 of 713
Moses
I,gke
Irrigation and
RehabiIitation
District
bohmarmimtca'ams
CIINTO!4 J.CONNKlLY Chakinm
DiPWllT(HuaK) RlultJR
NORNIAN Kl?OOa
Board of County Commissioners
Grant County
County (,ourtliouse
p.o. Box 37
Ephrata,,WA. 98823
October 22, 1984
Coinments on Artic Ventures, Inc. Development on Moses Lake
Gentiemen :
l'he Moses Lake Irrigation and Rehabilitation District has a
long history of involvement tn improving the quality of Moses
Lake waters. The Dtstrict has implemented a dilution program to
reduce algal nuisances, sponsored local aquatic weed control, ar'id
assisted tlie City or Moses I-ake in reinoving 'their sewage effli.ien't
from the lake. The District operates park and recrea'tion
facilities at Airmans Beach. We are currently sponsoring a major
study of nutrient sources in the Moses Lake watershed which is
evaluating nitrogen and phosphorcis loads from both agricultureand urban development.
The Dis'trict has gone on record in the past to support hookup
of septic tanks to further reduce nutrient loadings to the lake
from sewage sources. We have discussed this topic with Grant
County staff and with tlie City of Moses Lake during the past
year. Last month we added our support to a Ci'i,y of Moses Lake
Block Gran't, application to lielp sever the Basin Homes area.
Accordinglyi any niajor new septtc tank development proposed
for t,he Moses Lake shoreline is clearly a inatter of concern to
our Board. Our Board is not opposed to development per se.I-loviever, our Board ls opposed to developments such as the one
planned by Ar't.ic Ventures because they rely on individual septic
tank systems in coarse soils near the lakeshore. We could
support sucli developinents if community sewer systems were
€ncluded that would prevent additional nutrien'i,s from reaching
1
aoses Lake Irrigation and f2eliabffltation Dlstrk.t 6!)i CA3TLE DQIVE.MOSIE!lLAltE,WA981l87 (609)ffl5-4(148
COML Council Packet 6-11-24, Page 108 of 713
aoses
Lake
Lr!A%tJ%nRa.t:,,dn
District
ellNY@NJ.@mN!111 Chfflltnis
DdOaff 4nuasO h lUlLtn
NOffWAN !t€TOO*
the lake' . Our engineer has prepared a paper whlch summarizes
some of tlie technical aspects of our septic tank related
concerns. We encourage 'f'urther consideration of an alternative
sewerage approach to protect the lake. Otherwise this
development uridoes some of the good we feel our District has
accomplished for Moses Lake.
Yours truly,
Clinton .J Connelly
2
Mosss Lake b'rl51atmn and flehabtlltation Dlstrtct 8glCA!lTLtDR)Vt, MWF,3LA1!3!AtAOOWaJ (6{X))%-484el
COML Council Packet 6-11-24, Page 109 of 713
A REVIE!4 0F NUTRIENT LOADIRG ASPECTS OF SEPTIC TANK SYSTEMS
AI:!OUND MOSES LAKE
The Moses Lake Clean Lake Project is currently evaluatingniethods to redi.ice nutrient loadings to Mosesilake. The projectls being sponsored by the Moses Lake Irrigation and Rehabilita-tton District and is partially funded by Department of Ecologyand EPA funds. The Moses Lake Conservation District and theUpper Grant Conservation District are also directly involved inthe technical work which is betng carried out with the assistance
of the Soil Conservation Service, the Conservation (,ommisslon,the Cooperative 5:tenslon and consultants. The project scopecovers a variety of potential sources ranging from lr'rigatedagricul'ture and Iivestock operations to urban drainage and sewagedisposal prac'tices. On site sewage disposal (such as septic tanksystems) is iricluded amorig the practices being evaluated in thestudy. This brief informatlon paper deals only with sewagedisposal cons'tderations.
Moses Lake water quality has long suffered from effects offertilizing nutrients which reach the lake from land drainage,groundwater seepage and direct and indirect discharge of wastes.Nuisance level algae blooms occur in Moses Lake during the summerrecreation season when excessive concentrations of nitrogen andpliosphorus are present. Dilution prograins tn recent years havehelped control algae grovths around the City of Moses Lake butvtater is not always avaiIable to dilute 'the nutrients en'tering
the Rat<e. Some of these nutrients come from agricul't,ural )ands,others come from urban wastes. A major accomplishment occurredin the spring of 1984 vhen the Clty of Moses Lake sewagetrea'tmen't plant discliarge was removed frorn the lake. Thisdisciiarge alone accounted for nearly 20 percent of the phosphorus
load to Moses lake.
However other controllable urban rvaste sources stillcontribute nutrierits to the lake. Septic tank systems in thenearsliore area of Hoses Lake cur'rently account for approximately
5 percent of the phosphorus entering Moses Lake. 'rhe coarsesoils around the lake shore allow phospliorus to move ingroundwater as has been shown in sampling of wells and springs intl'ie area as part of tl"ie Moses Lake l)roject and past studies byUniversity of Washington- researchers. The high permeability ofthe area's soils has cacised the Moses )-ake Project to focusconsiderable attention on both phosphorus and nitrogen movemen't
i
COML Council Packet 6-11-24, Page 110 of 713
in groundwater. For this same reason the local use of septic
tank systems has been reviewed to determine both their possible
effects and to conslder alternatlve technologies to reduce or
eliminate discharges of ntxtrients reaching Moses Lake ffom this
source.
FACTORS CONCERNINCi ON-SITE SEWAGE DISPOSAL
COML Council Packet 6-11-24, Page 111 of 713
tlally. Therefore, If a subsur'face soil absorption system is tohave a long li'fe, the design must be based on the infiltrationrate through the clogging tnat that ultimately forms. Formationof the clogging mat depends primarHy on loading patterns, al-though other factors may impact its development."
A properly operating dralnfield can treat and partiallypurify septic tank effluent. Most soils remove oxygen demandingsubstances and bacterla very effectfvely. !-lowever, there aredeflnlte limitations to the use of septic tank-drainfieldsystems. Dr. P.ll. McGauhey, who directed years of research onseptlc tank effluent disposal probably summarized it best. Hereare his words: :
'lln sumniary it may be said that at best the septic s,ystemlncreases tl'ie total dissolved mineral content of localgroundviaters. At worst, it may introdcice bacteria, viruses, anddegradable organic matter as well. From an environmentalvietvpoint the best is not the best of all possible alternativesln an urban situation. Rationally it would seem undesirable toconcentrate 2,000 to 15,000 septlc sys'tems on the roof of asingle groundwater bastn OY' along the margin of a recreationallake. Nor is it necessary today. On the other hand, the best iscertainly adequate for the isolated dwelllng, where service toman far exceeds any posslble environmental effect."
More speclfic observations on nutrient aspects of septic tankIeachate adlsposal are offered ln the following paragraphs.
Nitrogen Movement In Grocindwater. The Moses Lake slioreliriearea is characterized by the generally excessively dratned sotlsforined in glaclal outwash. These porous soils allow migration ofnutrients from septic tank systems. Both nitrogen and phosphorusare present in septlc tarik effluents. An understan<ling of theirbehavior in soil is important 'to determining their potentialImportance to Moses Lake waterquality.
Nitrogen is present in septic tank effluents primarily iriammonium and organic forms. Typically about 80 percent of thetotal nitrogen is in the ammonlum form, also organic nitrogen tseventually mineralized to ammonium in the drainfield solls, Am-monlum, a posittve ton, viH sorb on soil pa3'ticles iri proportionto the soil's catlon exchange capacity whiclt is dependent on theproportion of rtegatively charged clay particles present. Coarse,sandy soils have a low exchange capacity so ammonium can movedlrectly to groundwater. Typically, aerobic conditions existbeneath dr'ralnfield beds and ammo.nia is oxidized to nitrate byriitrifying bacteria. Nitrification proceeds rapidly part,icularlyIn summer. Nitrates are highly soluble and move freely to groun-
3
COML Council Packet 6-11-24, Page 112 of 713
dviater. Denitrificatlon, a process which can corivert nitrate to
nltrogen gas, requires opposite environinental condit{ons to nit-
riflcatlon. The following excerpt from a recent review b,y DY'. R.
llorner of the University of Washlngton provldes valuable insight
on this aspect of the nitrogen cycle:
"Typlcally, unsa'turated soils and aerobic conditions exist
beneath drainfield beds. Walker et al measured 19.6 percent
oxygen In soil pores within an effluet'it inflitration zone, alrnost
as hl as in the atmosphere. In tliis situation, nltrifying
bacter a oxidize NH4-N first to NO3-N, obtaining energy for cell
formation in the process. Nitrification is energetically favored
and proceeds rapidly with high oxygen concentration and
lenmc!'eearase'd'esoilnndioiastkuarel1nteenSs'io1nl (rHeduceIdsaerarAtiolrsi) arendarddeedcrewasl'ed
temperature and pH. Viraraghvan and Warnock ineasured only 20-35
percent nitriflcatlon in winter in loam soils, compared to 80-90
percent in summer.
NO3-N ls highly solubIe and moves freely though the soil
solution by convection, as well as by molecular and ionic
dlffuslon due to concentration gradients. Its potential to enter
groundwater is thus high, particularly in the case of porous
soils dralnlng seasonally high preclpitation,
The only possible meclianism by vhich NO3-N can be reduced is
denitriflcation, the conversiori of NO3-N to nitrogen gas by
hel:erotrophic, faculative bacteria operatlng under anaerobic
cor'idltions. Because NO3-N is a necessary reactant for this
process and the aeration requirements are opposite for
ni'trification arid denitrlfication, the two processes rarely occur
in the same loca In addition, denitrification yields bacteria
relatively Iittl e ergy and is greatly retarded at pH less than
5.5 and tempe under 10 degrees C. A deficiency of carbon
for the he tc bacteria iri sarmy soHs is also an
fmpediment. For e reasons* denitrification is generally of
only minor impor nce ln some soils and practically none in
others.
Considering the rela'(,ive tinimportance of N reinoval processes,
such as adsorption of NH4-N and prec5iltatlon or denitrlfication
of NO3-fit, ther'e is little to stop N transpor't to groundwater,
especially in loose soils. Walker et al and Starr and Sawney
documented N transport to groundwater without apparent loss in a
sandy solls. The former hors commented that the only active
mechanism of loweri concentrations in this situation ls
by dilution vith ated groundwater. If groundwater
Intercepts a lake, , the load of N it carries is available
to potentlally stim t pliotosynthesis in the Iake.
I
4
COML Council Packet 6-11-24, Page 113 of 713
Considering the potential nitrogen 'transformations andgenerally prevailing soil raoisture tenslons in different texturalclasses, Slkora and Corey predlcted the N forms Likely to bepresent in tlte various soils. Nitrification is expected to benearly complete at most times in sands, sandy loams, 4oamy sandsand loams. Thus, N wlll be primarily in the NO3-N form. In siltloams and sil'ty clay loams, a mixture of NH4-N and NO3-N islikely. In these soHs, there is some possibllty of NO3-Nreduction 'through deni'lrification. Nitrification yiould beseverely retarded in clay loams and clays, buch that NH4-N wouldpredominate.
In summary, most nitroqen in septic effluent rather quicklytakes the ammoriiurn form. NO3-N is subsequently formed witheffective soii drainage in all but the iieavier textured solls.This form is easily transported in soils arid has a high potentialto enter groundwater and, ultimately, surface waters. N break-throughs to lakes as high as 50-70 percent have been reported.Using a leachate detector whlc)i measures conductivity and fluore-scence the former vorkers estiniated a mean of 16 percent Nbreakthr6ugti (ln a range of 3-49 percent) around Crystal Lake,Michigan. They observed the inost erupting plumes in areas ofhigh groundwater. Weather in the NH4-N or NO3-N forin, leachednitrogen is avaHable to stlinulate algal and aqua'tic plantgrowths in receiving waters."
Phosphorus Moyenien't, in Groundwater, Anaerobtc digestion inseptic tanks converts most phosphate forms to soluble orthophosphate. Various researchers have found more than 85 percentof the total phosphorus iri septic tank effluents were in thissoluble forrn and most of the remalnder is soon converted in thedrainfield when effluent pliosphates first contact soil sorptionoccurs to an extent determiried by the soils capacity. The soil'scapacity to retain phosphate depends on pH and soil chemistry andtexture. Adsorption capacltles are low in coarse sands of }oworganic content and are higher in finer textured soils. Precipa-tation of phosphorus is also a corisideration and can be predictedfrom soil pH relationships. The most important hydrogeologicalconditions influencing actual phosphorus removal are soil drai-nage and the position of the groundwater table reiative to thedralnfield. Insufflcient spacing between the drainfield and theseasonal high vater table would not allow opportuntty for thephosphorus present in the waste and soil retention coefficientsdeveloped for various soHs. However phosphorus retention isobserved for coarser soils. For example a coarse sandy soil mayretain less than 5 percent of the phosphorus whereas a silty sandmixture may retain 60-70 percent of the phosphorus. Computationsof phosphorus retention for lake shore areas using this approach
5
COML Council Packet 6-11-24, Page 114 of 713
are described in Dr. Horner's paper. These examples consldered
areas extending back approxlmately 1000 feet from the !ake sl'iore.
Dr. Horner's review states that it viould be appropriate to assurne
all phosphorus discharged is transported to the lake in areas
with steep slopes or excessively rapid drainage.
ALTERNATIVES FOR ONSITE SEWAGE 1'REATMENT AND DISPOSAL
Numerous studies of alternatives to in'dtvidual septic tank
systems have been completed by water polltition control agencies.
Well known examples include the Wisconsin Small Scale Waste
Management Pro,ject and the Oregon Evaluation of /llternatives for
Orisite Sewage Treatment and Disposal and the EPA Design Manual
for Onsite Systems arid publicatioris on Alternatives for Small
Wastewater Treatment Systems. These studies describe newer tec-
hnoiogies used to overcome site constraints and ways to reduce
nutrlent migration to groundwater. Well known examples include
mound systems whlch are now commonly used in many northwestern
communities where poor soil permeability or high water tables
prevent development and evapotransporatiori beds vhich can be used
to dispose of vastewater to the atmosphere so no discharge to
surface or groundwater is required. These systems are often used
to service small community developments as alternatives to fac-
ilitles ainvolving more complex mechanical systems and direct
discharge.
6
COML Council Packet 6-11-24, Page 115 of 713
MLUDC Comment #8 Doug Sly
COML Council Packet 6-11-24, Page 116 of 713
MLUDC Comment #9 Sharon Van Woert
May 30, 2024
Dear Moses Lake Planning Committee,
In November of 1978 my family of five were shopping for a home in Moses Lake,
Washington. We were warned of low availability, therefore had only three houses to consider.
We purchased one on the landfilled end of Edgewater Lane, which was considered an R-1
neighborhood. We never asked about the housing codes and thus assumed all were single-
family dwellings. We lived in that house twelve years, then purchased a lakefront lot at the
other end of the Edgewater Lane neighborhood where we built our "forever" home and have
lived for thirty-three years. This neighborhood has remained under an R-1 code. After thirty
years of residence, in 2022 we received a letter from the new owner of the house next door to
us announcing it is now a vacation home rental. The questioned posed to us by the owner was
if we would mind that new status. Because we have had no experience living next to such a
business, we had no idea of the pro's or con's associated with vacation home rentals. So, we
agreed to the request believing, however, that strict guidelines would be abided. By the end of
2023 we had learned what a vacation rental entailed, which meant any given weekend
(Thursday-Monday) there were ten to twenty people occupying the location with water toys,
boats, and multiple vehicles parked in front. Also, by 2023, we not only had a vacation rental
beside us, but we had one across the street as well, and another lakefront vacation rental down
the street.
Enter Rebecca Hutsell. She treasures her single-level home that will be her forever
home as she aJn her husband age. However, she has been dealing with a small commercial
en@rie: r!p'ii-r business across the street from her for several years. This family has expressed a
desire to Rebecca to allow several more businesses in our neighborhood. Because of what has
already taken place, a number of families have already moved out of our neighborhood. This
vacancy leaves us concerned about the possibilities being considered by the new owners. After
much consideration and discussion, we have a solution:
1. Return to the original codes for our R-1 neighborhood.
2. Restrict the vacation rentals to those already in operation, which is three.
3. Do not allow any commercial businesses to operate within this neighborhood.
4. Restrict the vacation home rental occupants to 2-people per bedroom.
5. Restrict the number of vehicles to four cars per driveway, with no vehicles allowed
to be parked on the street, to give easy access to emergency vehicles.
6. Home-based commercial businesses must find another allowable location already
zoned as such.
Most sincerely,
Sharon and Jim Van Woert
COML Council Packet 6-11-24, Page 117 of 713
Michelene Torrey
From:
Sent:
To:
Subject:
MLUDC Comment #11 Anthony Arrendondo
Anthony Arredondo
Wednesday, May 1, 2024 10:46 AM
codecomments
Feedback
Hello,
I had a resident stop and talk to me about water conservation he Lives on Astor Loop. He said because
it's all sand in this area that any new development should have so manyinches of topsoil so there is
minimal water Loss and grass can thrive. I told him I would forward his comments.
Get Outlook for iO
1 COML Council Packet 6-11-24, Page 118 of 713
Michelene Torrey
MLUDC Comment #12 Rick Rodriguez
From:
Sent:
To:
Subject:
Attachments:
Rick Rodriguez
Thursday, May 2, 2024 11 :44 AM
codecomments
Front yard Vegetation
Laguna 1.png; Laguna 2.png; Laguna 3.png; Laguna 4.png; Laguna 5.png; Laguna 6.png
I would like to see something put in the new code that addresses vegetation in the front yard. Currently we have no
restrictions on vegetation unless it's a corner lot. See pics Attached. Thank you!
>d,a 509-764-3753
&ffi: SOCt-707-9247
1 COML Council Packet 6-11-24, Page 119 of 713
Michelene Torrey
From:
Sent:
To:
Cc:
Subject:
MLUDC Comment #40 Department of Ecology
Orchard, Joel (ECY) <JORC461@ECY.WA.GOV>
Thursday, May 30, 20241:25 PM
Planning
Atkins, Chad (ECY); Metcalfe, Joel (ECY); Jenkins, Art (ECY)
SEPA Comments for 2024 Unified Development Code Update
Caution! This message was sent from outside your organization.
Hi Moses Lake,
Allow sender Block sender
SEPA comments for SEPA proposal 202402141 are due to the lead agency today so I wanted to make sure to email our
comment to the city. Below you can see Ecology"s comment from the Water Quality Program, which has also been
commented in the SEPA website. SEPA is an opportunity for everyone to weigh in and review a project/plan that might
have an environmental impact. We noticed that section 15.545.050 would allow for septic systems to be installed in a
critical area in certain circumstances (see comments below). It would be great if Ecology and the City could chat more
about this. Happy to set up a call with the City and Ecology.
Ecology has identified Moses Lake as a priority watershed due to multiple water quality impairments caused by nutrients
entering the lake (both surface and ground water). A 2006 report was completed by Ecology for Moses Lake, Moses Lake
Phosphorus-Response Model and Recommendations to Reduce Phosphorus Loading. Link to report can be found here:
https.'//apps.ecoloqy.wa.qov/publications/documents/06030ll.pdf - This report determined that a 35% load reducbon in
total phosphorus is needed to meet the total phosphorous criterion.
While the subdivision section calls for water and sewer lines to be installed per Moses Lake Standards, the Crifical Areas
Regulations (proposed new 15.545.050) allows for"use of injection wells, including on-site septic systems, except those
domestic septic systems releasing less than 14,500 gallons of effluent per day and that are limited to a maximum density
of one system per one acre;" if the proponent completes a Level I Hydrogeologic Assessment. This language would allow
for a septic system to be installed in a critical area which could be problemabc given water quality impairments at the
lake already. Additional septic systems near Moses Lake could add additional nutrients to the lake, which would increase
the chances for more harmful algal blooms (HABs). Moses Lake has historically had issues with harmful algal blooms in
the past.
Members of the Moses Lake Community have asked Ecology to do more to address nutrient pollution and harmful algal
blooms in Moses Lake. Rather than pursuing additional regulatory approaches, we agreed to participate in a locally
driven collaborative approach called the Moses Lake Watershed Council (Council). The Council has identified near shore
on-site septic systems as a water quality concern for Moses Lake.
Thanks,
Joel
Joel Orchard i Watershed Implementation Lead
Washington State Department of Ecology
Water Quality Program i Eastern Regional Office
(509) 290-7320 I JOEL.ORCHARD@ECY.WA.GOV
I COML Council Packet 6-11-24, Page 120 of 713
State of Washington
DEPARTMENT OF
ECOLOGY
This communication is public record and may be subject to disclosure as per the Washington State Public Records Act, RCW 42.56.
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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
Kevin Fuhr, City Manager 18027
Brian Baltzell, Public Works
Director Public Works
6/11/2024 Public Hearing
Six-Year Transportation Improvement Program Resolution
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Staff request that Council adopt the resolution to approve the Six-Year Transportation Improvement Program as
presented.
2024-05-29_SixYearTIPComplete.pdf 2.89MB
Six Year TIP Res 2025-2030 Modified.docx 22.84KB
The Six-Year Transportation Improvement Program (TIP) lists planned transportation projects for the remaining
year and the ensuring six years. The program includes roadways, bridges, non-motorized facilities, and other
capital related transportation projects. The program is based upon desirable projects and projected areas of
growth. Adoption of this program does not commit the City of Moses Lake to construct the projects - the
program can be revised due to any number of reasons but only after a public hearing.
Section 35.77.010 of the Revised Code of Washington provides that each city shall annually update its Six-Year
Transportation Program and file a copy of the adopted Program with the Secretary of the Washington State
Department of Transportation (WSDOT) by July 1 of each year. The Program is necessary to allow cities and
counties to obtain state and federal funding. For a project to obtain funding from the state, it must appear in the
agency's current program. Since the state also disperses federal highway funds, this requirement applies to
federally funded projects as well.
Staff presented the proposed Six-Year Transportation Improvement Program to the Planning Commission on
May 16 and 30, 2024. Upon adoption, the TIP annual update will be incorporated as an exhibit to the Capital
Facilities Plan that is part of the Comprehensive Plan.
COML Council Packet 6-11-24, Page 501 of 713
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Only projects listed on the City's TIP are eligible for state and federal funding. Failure to adopt the update will
prevent City staff from applying for state and federal grants for the projects identified.
Options and Results
The City will be in compliance with state law and the projects will be eligible for state and federal funding.
Staff will bring back options for recommended changes.
The City will be out of compliance with state law.
COML Council Packet 6-11-24, Page 502 of 713
2025-2030 Transportation Impovement Plan(TIP)
*ATP = Active Transportation Program
ID Est. Proj. Yr. Project Title
Primary
Benefit
Total Length
(Mi.)Project Type Status Estimated Total Cost
1.01 Annual Annual Gravel Road Paving Program Local Maintenance Ongoing 750,000$
1.02 Annual Citywide Pavement Preservation Program Local Maintenance Ongoing 1,500,000$
1.03 Annual ADA Ramp Reconstruction Misc. Sidewalks Local Improvement Ongoing 200,000$
1.04 2023-2026 SR 17/Yonezawa Roundabout Regional 0.15 Improvement In Process 5,166,000$
1.05 2023-2026 Downtown Road Circulation Study Local Study In Process 100,000$
1.06 2023-2026 Nelson Road Safe Routes to School & Reconstruction Local 1 Bike/Ped/Impr In Process 2,200,000$
1.07 2023-2025 Stratford Road & SR 17 Interchange Local Study/Design In Process 685,000$
1.08 2026-2027 SR 17/Grape Dr Roundabout Gateway Treatment Local 0.1 Improvement Carryover 200,000$
1.09 2025-2027 Yonezawa Blvd East of Hwy 17 and Moses Lake Avenue Local 0.3 Ext/New Road Carryover 5,000,000$
1.10 2025-2027 Wheeler Road and Road L Intersection Improvement Local Improvement New 2,500,000$
1.11 2025-2026 Division St. and Nelson Road Intersection Control Evaluation Local Study/Design Carryover 800,000$
1.12 2025-2026 Wheeler Road Corridor Study SR 17 to Road N SE Regional Study Carryover 50,000$
1.13 2025-2026 Hill Avenue Lane Reconfiguration Local 0.81 Improvement Carryover 50,000$
1.14 2025-2030 Broadway Revitalization Regional 2 Improvement Carryover TBD
1.15 2025-2026 Hamilton Commercial Roadway Improvements Local 0.26 Improvement Carryover 2,500,000$
1.16 2025-2028 East Broadway Study Regional Study Carryover 100,000$
1.17 2025-2028 Broadway Ave & Stratford Rd Intersection Improvements Regional 0.1 Improvement Carryover 150,000$
1.18 2026-2029 SR 17 and Randolph Road Intersection Signalization Regional 0.15 Signal Carryover 2,750,000$
1.19 2026-2030 Stratford Road & SR 17 Intersection Signalization and Interchange Improvements Regional 0.25
Signal/
Improvements Carryover 3,000,000$
1.20 2026-2029 Gateway Treatments Local Improvement Carryover 750,000$
1.21 2026-2030 Local Road Improvements around Exits 174 and 175 in Mae Valley Local 1 Improvement Carryover 25,000,000$
1.22 2025-2028 Wheeler Road Improvements SR 17 to Road N NE Regional 3 Bike/Ped/Impr Carryover 4,000,000$
1.23 2026-2030 Road F Corridor Regional 3 Improvement Carryover 20,000,000$
1.24 2026-2030 Road F Connection Local 0.25 Ext/New Road Carryover 2,000,000$
1.25 2027-2030 North Frontage and Road F NE Intersection Improvement Regional 1 Improvement Carryover 5,000,000$
1.26 2027-2030 Randolph Road and Tyndall Road Intersection Improvement Regional Improvement New 500,000$
1.27 2027-2030 Valley Road and Paxson Road Intersection Control Evaluation Regional Study/Design New 50,000$
1.28 2027-2030 Stratford Road and Maple Drive Intersection Control Evaluation Regional Study/Design New 50,000$
1.29 TBD Lakeside Drive & Penn Ivy Connectivity Local Improvement New TBD
1.30 TBD Broadway Ave & Ivy Street Connectivity Local Improvement New TBD
2.01 ATP Big Bend Community College Trail - Segment 1 (2019)Regional 2.26 Bike/Ped Carryover 2,000,000$
2.02 ATP Big Bend Community College Trail - Segment 2 (2019)Regional 0.95 Bike/Ped In Process 2,000,000$
2.03 ATP Big Bend Community College Trail - Segment 3 (2019)Regional 0.9 Bike/Ped Carryover 1,000,000$
2.04 ATP Central Washington Railroad ROW Acquisition S City Limits to N City Limits 4 Bike/Ped Carryover 15,000,000$
2.05 ATP Additional Lake Crossing - Pedestrian Bridge Regional Study Carryover 250,000$
2.06 ATP Montlake Park Trail Local 1.4 Bike/Ped Carryover 1,200,000$
2.07 ATP Power Point Park Trails Local 0.37 Bike/Ped Carryover TBD
3.01 Future 3rd Ave. Reconstruction Dogwood St. to Pioneer Way Local 0.41 Bike/Ped/Impr Carryover 4,000,000$
City of Moses Lake 6 Year TIP Rev. 5.29.2024 1COML Council Packet 6-11-24, Page 503 of 713
ID Est. Proj. Yr. Project Title
Primary
Benefit
Total Length
(Mi.)Project Type Status Estimated Total Cost
3.02 Future Additional Lake Crossing- Motor Vehicle Bridge Regional Ext/New Road Carryover 200,000,000$
3.03 Future Active Transportation (Multimodal) on Wide Roads Local Bike/Ped Carryover TBD
3.04 Future I-90/Division St. & Potato Hill Interchange Regional 0.5 Study New TBD
3.05 Future I-90 / Clover Drive & Road K SE Overpass/Interchange Improvements Regional 0.5 Study New TBD
3.06 Future I-90 Agricultural Equipment Mobility Study Regional Study New TBD
3.07 Future EB I-90 Off Ramp Revision Study Regional Study New TBD
3.08 Future SB SR 17 Left Turn Revision Study Regional Study New TBD
3.09 Future Hansen Bridge I-90 Revision Study Regional Study New TBD
3.10 Future Broadway & SR 17 Revision Study Regional Study New TBD
City of Moses Lake 6 Year TIP Rev. 5.29.2024 2COML Council Packet 6-11-24, Page 504 of 713
City of Moses Lake 6 Year TIP Project Descriptions Rev. 5.29.2024 1
2025-2030 Transportation Improvement Plan (TIP)
Project Descriptions
Proposed Projects:
1.01 Annual Gravel Road Paving Program
This program includes the evaluation of current city gravel roads for possible paving. Additional
annual funding may be required dependent upon identified paving solution and number of roads
identified.
1.02 Citywide Pavement Preservation Program
This is an annual program to maintain city roadways to reduce deterioration.
1.03 ADA Ramp Reconstruction Misc. Sidewalks
This program consists of replacement or repair of ADA ramps identified within our ADA transition
plan. This is an annual investment and is often combined with stormwater upgrade projects.
1.04 SR 17/Yonezawa Roundabout
Proposed intersection improvement and access break to future Yonezawa Blvd E from SR 17 to
Moses Lake Avenue.
1.05 Downtown Road Circulation Study
Proposed study to evaluate lane configurations and parking in “Downtown Area”, between
Broadway Ave./3rd Ave. intersection to Block St.
1.06 Nelson Road Safe Routes to School & Reconstruction
This project includes reconstruction of approximately 1,800 linear feet of East Nelson Road
between SR 17 and Hamilton Road and reconstruction of ADA ramps from Skyline Drive to Clover
Street. This also includes the addition of curb extensions, rapid flashing beacons, and speed limit
reduction within identified school zones.
1.07 Stratford Road & SR 17 Interchange
Project includes development and design study to address intersection safety. This project could be
combined with other feasibility studies.
1.08 SR 17/Grape Dr Roundabout Gateway Treatment
Project consists of addition of traffic calming and visual measures for beautification of gateway
entrance to city.
1.09 Yonezawa Blvd East of Hwy 17 and Moses Lake Avenue
Extend Moses Lake Avenue to meet proposed future extension of Yonezawa Blvd east of SR 17 to
serve school and any future development; project will be development driven.
COML Council Packet 6-11-24, Page 505 of 713
City of Moses Lake 6 Year TIP Project Descriptions Rev. 5.29.2024 2
1.10 Wheeler Road and Road L Intersection Improvement
Proposed design and construction of permanent intersection improvements to increase safety.
1.11 Division St. and Nelson Road Intersection Control Evaluation
Proposed study to evaluate intersection improvements and initial design funds. This project could
be combined with other feasibility studies.
1.12 Wheeler Road Corridor Study SR 17 to Road N SE
Proposed study to evaluate road optimization and safety improvements along Wheeler Road from
SR 17 to Road N SE.
1.13 Hill Avenue Lane Reconfiguration
This project consists of striping revision on Hill Avenue between Clover Drive and Division Street.
Proposed change from a four-lane road with parking to a three-lane road, center turn lane, parking,
and the addition of bicycle lanes as part of annual Chip/Seal program.
1.14 Broadway Revitalization
Proposed improvements along 300 acres of underutilized commercial corridor, Complete Streets.
This includes landscaping, traffic calming, safety analysis, and lighting.
1.15 Hamilton Commercial Roadway Improvements
Proposed reconstruction of Hamilton Road, Wiser Lane, and Bud Lane from Burr Avenue to
Wheeler Road.
1.16 East Broadway Study
Study intersection control options from Pioneer Way to SR 17. Evaluate effect of proposed
roundabout at Pioneer Way. This project could be combined with other feasibility studies.
1.17 Broadway Ave & Stratford Rd Intersection Improvements
This project consists of striping revision to add protected right-turn lane for west bound Broadway
Avenue to northbound Stratford Road. It would also include signal timing revision to make length of
signal phases more efficient.
1.18 SR 17 and Randolph Road Intersection Improvement
This project consists of proposed intersection improvements at Randolph Road and SR 17.
1.19 Stratford Road & SR 17 Intersection Signalization and Interchange Improvements
Proposed addition of a traffic signal at Stratford Road and SR 17 southbound ramps intersection,
addition of a southbound right-turn lane at Stratford Road and SR 17 northbound ramps
intersection and widening of the Stratford Road and Marts Road intersection (to include additional
turn lanes, widening of the Stratford Road sidewalk throughout the intersection, and ADA
upgrades).
COML Council Packet 6-11-24, Page 506 of 713
City of Moses Lake 6 Year TIP Project Descriptions Rev. 5.29.2024 3
1.20 Gateway Treatments
Project consists of proposed welcome signage and beautification of gateway area located at
Lakeshore Avenue and Broadway Avenue.
1.21 Local Road Improvements Around Exits 174 and 175 in Mae Valley
Proposed intersection improvements, widening of Hansen Road North of I-90, adding a center turn
lane, including sidewalks/planters on both sides of the road, and bike lanes. Addition of sidewalk
and planter areas along north side of Westlake Road to fill in future gaps.
1.22 Wheeler Road Improvements SR 17 to Road N NE
Proposed addition and/or improvement of curbs, ramps, and sidewalks or separated shared use
paths along Wheeler Road from SR 17 to Road N NE.
1.23 Road F Corridor
Project consists of widening of roadway, addition of sidewalks, ADA ramps, curbing – consistent
with Complete Streets.
1.24 Road F Connection
Proposed connection of Road F NE from W. Thrush Street to Mae Valley Road NE.
1.25 North Frontage Road and Road F Intersection Improvement
Proposed intersection improvements where county, state, and local roads intersect, candidate for
traffic signal or roundabout, and includes reconstruction of North Frontage Road.
1.26 Randolph Road and Tyndall Road Intersection Improvement
Project consists of improving four-way stop intersection to modular roundabout to improve safety
and movement in and out of industrial employment center.
1.27 Valley Road and Paxson Road Intersection Control Evaluation
Project consists of study and possible design of recommended intersection improvements to
improve multimodal safety.
1.28 Stratford Road and Maple Drive Intersection Control Evaluation
Project consists of study and possible design of recommended intersection improvements to
improve multimodal safety.
1.29 Lakeside Drive & Penn Ivy Connectivity
Project consists of the design and construction of a continuation of the north section of Lakeside
Drive across the existing railroad property (once vacated) to the existing intersection of Penn Ivy
Street and Lakeside Drive south of the railroad tracks.
1.30 Broadway Avenue & Ivy Street Connectivity
Project consists of the design and construction of a street to connect W Ivy Avenue and Broadway
Avenue.
COML Council Packet 6-11-24, Page 507 of 713
City of Moses Lake 6 Year TIP Project Descriptions Rev. 5.29.2024 4
ATP Identified Projects:
2.01 Big Bend Community College Trail - Segment 1 (2019)
This project consists of three separate trail segments. Segment 1 includes the addition of a paved
pedestrian/bicycle trail along SR 17 between Big Bend Community College and Patton Boulevard.
2.02 Big Bend Community College Trail - Segment 2 (2019)
This project consists of three separate trail segments. Segment 2 includes the addition of a paved
pedestrian/bicycle trail along SR 17 between Patton Boulevard and Grape Drive.
2.03 Big Bend Community College Trail - Segment 3 (2019)
This project consists of three separate trail segments. Segment 3 includes the addition of a paved
pedestrian/bicycle trail along SR 17 between Grape Drive and Stratford Road.
2.04 Central Washington Railroad ROW Acquisition S City Limits to N City Limits
The proposed project includes the acquisition of right of way from railroad when operations cease
for a future shared use path.
2.05 Additional Lake Crossing - Pedestrian Bridge
Evaluation of additional pedestrian lake crossing at Dogwood Street (to Knolls Vista) or Marina
Drive (to Cascade Valley).
2.06 Montlake Park Trail
This project consists of the construction of a new trail from Montlake Park to W. Lakeside Drive,
connecting neighborhoods on the east side of the City to Larson Recreation Center.
2.07 Power Point Park Trails
Proposed connection of Power Point Park to Division Street and Montlake Park through Grant
County Public Utility District (PUD) existing right of way.
Future Projects:
3.01 3rd Ave. Reconstruction Dogwood St. to Pioneer Way
Identified future project to widen sidewalks and implement a road diet from Dogwood St. to
Pioneer Way, which would extend the "downtown feel" creating a cohesive downtown commercial
district.
3.02 Additional Lake Crossing- Motor Vehicle Bridge
There is an identified need for a future motor vehicle bridge to increase motor vehicle mobility.
Future studies would be required to identify the best location based on current and forecasted
growth and development.
3.03 Active Transportation (Multimodal) on Wide Roads
Evaluation of road projects for feasibility of active transportation improvements.
COML Council Packet 6-11-24, Page 508 of 713
City of Moses Lake 6 Year TIP Project Descriptions Rev. 5.29.2024 5
3.04 I-90/Division St. & Potato Hill Interchange
Study conceptual improvements, evaluate effect of proposed Improvement, preliminary cost
estimate and Right of Way requirements including FHWA access break.
3.05 I-90 / Clover Drive & Road K SE Overpass/Interchange Improvements
Evaluate effect of proposed improvement preliminary cost estimate and Right of Way requirements
including FHWA access break.
3.06 I-90 Agricultural Equipment Mobility Study
Explore alternative routes for agricultural equipment that utilize Interstate 90 to relocate causing
safety concerns due to high-speed motor vehicles and slow-moving equipment.
3.07 EB I-90 Off Ramp Revision Study
Project consists of study and possible design of recommended improvements to improve traffic
queuing for the eastbound I-90 Off Ramp at I-90 exit 176. **Project will require coordination with
WSDOT.**
3.08 SB SR 17 Left Turn Revision Study
Proposed study and possible design of recommended improvements to address traffic backups at
Wheeler Road and SR-17 intersection in the southbound SR 17 left turn pocket. **Project will
require coordination with WSDOT.**
3.09 Hansen Rd. Bridge I-90 Revision Study
Proposed study to address bridge structural integrity and load restrictions that currently prevent
the Fire Department from crossing the bridge while loaded with water. **Project will require
coordination with WSDOT.**
3.10 Broadway & SR 17 Revision Study
Proposed study and possible design of intersection improvements to improve traffic queuing and
intersection safety. **Project will require coordination with WSDOT.**
COML Council Packet 6-11-24, Page 509 of 713
COML Council Packet 6-11-24, Page 510 of 713
RESOLUTION NO. 3983
A RESOLUTION TO AMEND RESOLUTION 3919 TRANSPORTATION IMPROVEMENT PROGRAM FOR 2025-2030 Recitals:
1. Pursuant to the requirements of RCW 35.77.010 laws of the State of Washington, the
City of Moses Lake has presented an amended Six Year Transportation Improvement Program for the ensuing six calendar years, 2025-2030. 2. Pursuant further to said law, the City Council of the City of Moses Lake, being the
legislative body of said city, did hold a public hearing on said Transportation
Improvement Program at 6:30 p.m. in the Civic Center Council Chambers June 11, 2024. Resolved:
1. The City Council of the City of Moses Lake adopts the amended Six Year Transportation
Improvement Program for the ensuing six calendar years, 2025-2030. 2. A copy of said amended Six Year Transportation Improvement Program for the ensuing six calendar years, 2025-2030, together with a copy of this resolution shall be filled with
the Director of Highways of the State of Washington.
Adopted by the City Council on June 11, 2024.
______________________________
Dustin Swartz, Mayor ATTEST:
______________________________ Debbie Burke, City Clerk
COML Council Packet 6-11-24, Page 511 of 713
MOSES LAKE CITY COUNCIL May 14, 2024
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 6:32 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, Skaug, Fancher,
Martinez, and Myers. PLEDGE OF ALLEGIANCE
Council Member Skaug led the Flag Salute.
AGENDA APPROVAL
Action taken: Council Member Martinez moved to approve the Agenda as presented, second by Council Member Lombardi. The motion carried 7 – 0. PRESENTATION
Police Promotions and Medals of Honor Police Chief Dave Sands introduced Officers Jeff Sursely, Darrik Gregg, Rudy Valdez, Curt Ledeboer, and Jose Ramirez. He administered their promotional oaths of office with support provided by the presence of each family. Officers Edgar Salazar, Curt Ledeboer, Omar Ramirez,
and Kyle McCain were recognized for receiving the Washington State Law Enforcement Medal
of Honor at a ceremony in Olympia on May 3 for their heroic actions to arrest an active shooter at the Gorge Campground last June. Police Appreciation Week Proclamation
A proclamation was read for Police Officer Week of May 12 to 18, thanking Officers for their
service and sacrifice. Police Recognition of Citizen Resident Branli Arroyo was presented with a Citizen Service Award for going above and beyond
his civic duty to assist Officer Curt Ledeboer on March 21 to apprehend a fleeing suspect.
American Public Works Week Proclamation A proclamation was read acknowledging the 64th annual National Public Works Week of May 19 to 25, paying tribute to public works and engineer professionals.
Community Development Staff Introductions Interim Community Development Director Vivian Ramsey introduced Long Range Planner Jim Bagley who joined the City on May 6 and Code Enforcement Officer Gregorio Nevarez who joined the City in March.
Armed Services Recognition Moses Lake area High School recruits were issued a certificate of appreciation, City pin, and a banner with their armor of military service from the city. This year’s recruits for the US Marine Corp: Tanner Noyes, Richardo Valdivia, Santiago Castillo, Brandon Nelson, Jon Beard, Yetanara
COML Council Packet 6-11-24, Page 512 of 713
CITY COUNCIL MINUTES – May 14, 2024
pg. 2
Garcia, Gavin Sarvis, Matthew Correa, and Angel Sanchez-Maciel. Not in attendance: US Marine Corp recruit Jonah Robertson and Army recruit Austin Schmick.
Grant County Animal Outreach (GCAO) Facility
GCAO President Sara Thompson Tweedy provided a conceptual drawing of a new facility. The Grant County Board of Commissioners (BOCC) agreed to give the GCAO property adjacent to the Count Fairgrounds for the new shelter. The BOCC and City of Moses Lake Council are considering commitments of up to $1 million each for the new shelter. Staff recommends
allocating $1 million in ARPA funds for design and construction. GCAO has also applied to the
Paul Lauzier Foundation for new kennels, those awards will be announced in June. Action taken: Council Member Fancher moved to authorize the City Manager to execute an agreement for the new shelter using ARPA funds with a caveat for the City to have use of new
facilities for 20-years, second by Council Member Martinez. The motion carried 7 – 0. CITIZEN’S COMMUNICATION
Miscellaneous – Owen Miller, Moses Lake, requested a speed control emphasis for the holiday traffic around the Love’s Travel Stop. He also inquired about the status of the Nolan Short Plat,
Well 20 flow capacity, Well 34 treatment solutions, and pending water rights acquisitions.
Miscellaneous – Elisia Dalluge, Moses Lake, commented on police emphasis, GCAO and BOCC land swap, police proclamation, First Responder Week, potable water PFAS results from wells located on the former Larson Airforce Base, Police Officer recognitions, and Department of Commerce housing.
SUMMARY REPORTS
ADDITIONAL BUSINESS
Cape at Interlake
Council Member Lombardi requested staff docket a discussion of the Cape at Interlake
project for the next regular meeting.
CITY MANAGER’S REPORT
1st Quarter Financial Report Finance Director Madeline Prentice provided an analysis of actual revenues and expenses from 2020 to 2024 year to date March. Citywide expenses ended the first quarter under budget by 3.8% due to underspending in most funds and incomplete capital projects. City
staff continue with patience on photo citation implementation issues between the Redflex
vendor and Administrative Office of the Courts.
AWC Annual Conference The AWC Annual Conference is June 18 to 21 in Vancouver. Registration is open and Council can contact staff to get registered.
COML Council Packet 6-11-24, Page 513 of 713
CITY COUNCIL MINUTES – May 14, 2024
pg. 3
CONSENT AGENDA
#1 a. City Council Meeting Minutes Dated April 23, 2024 b. Electronic Transfer: #358 - 374 - $2,966,132.39
Checks: 165166 - 165427 - $1,027,787.11 Payroll Checks: 04-26-2024 PR, #66105 - 66115 - $4,964.53 Electronic Payments: 04-26-2024 Direct Deposit: - $643,616.57 c. Accept Biosolids Land Application Project (GC2023-164) d. Industrial Waste Discharge Permit No. 26, Group 14 Technologies, Inc.
e. Accept Well CO2 Injection and Rehabilitation Project (GC2023-168) f. Port of Moses Lake Watermain Relocation Easements g. GC2021-054 Watermain Relocation Easements h. Museum Petty Cash Increase Resolution 3980 i. Larson Playfield Irrigation Conversion (GC2023-180)
Action taken: Council Member Skaug moved to approve the Consent Agenda as presented, second by Deputy Mayor Madewell. The motion carried 7 – 0. NEW BUSINESS
#2 2024 Budget Amendment Ordinance 3047
The amendment increases the 2024 budget expenditures by $3,697,772.12 and revenue for $2,287,194.68 across several funds to incorporate corrections, carry forward projects, and new projects.
Action taken: Council Member Martinez moved to adopt Ordinance 3047 as presented, second
by Council Member Fancher. The motion carried 7 – 0. #3 Tax Increment Financing – Desert Pointe Ordinance 3048 The Council has been given several presentations regarding the creation of Desert Point Tax Increment Area on 96 acres east of Hwy 17 and Yonezawa Blvd. The consultant
sent the proposal to the state for approval and conducted the required public and agency briefings. Council would be required to take separate action to obligate bonded funds for this project. Action taken: Council Member Myers moved to adopt Ordinance 3048 as presented, second by
Council Member Martinez. The motion carried 6 – 1. Council Member Lombardi opposed. ADMINISTRATIVE REPORTS
Finance Department
Finance Director Madeline Prentice shared stats from Lakeside’s Spring Clean Up Event,
provided an update on billing under the excess water usage fee, and advised that the citywide 2023 Annual Report is online on the City Manager’s page.
Parks, Recreation and Cultural Services (PRCS) PRCS Director Doug Coutts discussed xeriscape projects, Memorial Day and Springfest
Events, skate park closure for the weekend, pool to open, and that the FlowRider is still
under repair.
COML Council Packet 6-11-24, Page 514 of 713
CITY COUNCIL MINUTES – May 14, 2024
pg. 4
COUNCIL COMMUNICATIONS AND REPORTS
Council Member Martinez stated that the Othello pool is closed, their swim team is working on use of our pool, unknown status of school resource officers, and Finance Committee received a
report on the new ERP software. Council Member Skaug would like to see citizen safety around businesses addressed. Council Member Lombardi has received feedback from municipal airport tenants on the ‘through
the fence’ draft agreement and that some are ok with the existing lease. Department of Defense and Federal Emergency Management Association have requested the Port of Moses Lake conduct a fuel farm study. Mayor Swartz thanked all who attended the Kiwanis Mayor’s Prayer Breakfast last Tuesday and
the Kiwanis for their service to the community. Council commended the Mayor for his invocation at the breakfast. ADJOURNMENT
The regular meeting was adjourned at 8:13 p.m.
______________________________________ Dustin Swartz, Mayor
ATTEST____________________________ Debbie Burke, City Clerk
COML Council Packet 6-11-24, Page 515 of 713
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 18069
Madeline Prentice, Director Finance
6/11/2024 Consent Agenda
Disbursement Report since May 28, 2024
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
1,312,806.11$1,312,806.11$0.00$
Approve payment of claims as presented.
The following amounts were budgeted, and sufficient funds were available to cover these payments.
Electronic Transfer: N/A
Checks: 165609 - 165769 - $660,215.09
Payroll Checks: 05-24-2024 PR, #66156 - 66210 - $15,376.91
Electronic Payments: 05-24-2024 Direct Deposit: - $637,214.11
Vouchers - 06.11.2024.pdf 112.43KB
COML Council Packet 6-11-24, Page 516 of 713
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 6-11-24, Page 517 of 713
Check Name Check Amount Check Date Invoice Description
165609 Ann Schempp 93.00 05/22/2024 Conference Per Diem.
165610 Felicia Ziemer 166.00 05/22/2024 WRPA 2024 Per Diem
165611 Jeff Sursely 130.00 05/22/2024 Media Training Per Diem
165612 Jose Perez 52.00 05/22/2024 Training Per Diem
165613 Nick Metcalf 222.00 05/22/2024 Less Lethal Instructor 2024
165614 Steven Kinser 166.00 05/22/2024 WRPA Conference Per Diem
165615 William Ellis 156.00 05/22/2024 Training Per Diem
165616 Anthony or Shelley Wilson 13.61 05/23/2024 Refund Utility Overpayment
165617 CAD HOMES LLC 48.73 05/23/2024 Refund Utility Overpayment
165618 Carson Scott Bowden 193.50 05/23/2024 Refund Utility Overpayment
165619 Craig or Kalyn Turnbull 70.22 05/23/2024 Refund Utility Overpayment
165620 EARL ROMIG 13.34 05/23/2024 Refund Utility Overpayment
165621 GMTPM 118.07 05/23/2024 Refund Utility Overpayment
165622 JULIE HOLEMAN 394.19 05/23/2024 Refund Utility Overpayment
165623 Matthew or Kira Walker 290.90 05/23/2024 Refund Utility Overpayment
165624 Peter or Kelley Drayer 166.91 05/23/2024 Refund Utility Overpayment
165625 Ricardo Santa Cruz 53.71 05/23/2024 Refund Utility Overpayment
165626 Stephanie Kelly 18.98 05/23/2024 Refund Utility Overpayment
165627 Susan Van Patten 369.56 05/23/2024 Refund Utility Overpayment
165628 The Estate of Gene A. Wallace 103.62 05/23/2024 Refund Utility Overpayment
165629 The Estate of Lori Rich 15.00 05/23/2024 Refund Utility Overpayment
165630 THOMAS CARLSON 189.87 05/23/2024 Refund Utility Overpayment
165631 A & H Printers Inc 81.38 05/24/2024 Business Cards
165632 AAA Readymix Inc 1,328.06 05/24/2024 Concrete Delivery
165633 Abc Hydraulics 85.90 05/24/2024 Dot Tubing/Brass Bushing
165634 Ag Supply Ace Hardware 104.17 05/24/2024 Paintbrush/Sanding Sponge/Compound
165635 Alex Benko 359.55 05/24/2024 Retiree Dental Claim
165636 Amazon Capital Services, Inc.323.63 05/24/2024 Apr '24 Purchases
165637 American Water Works Assoc 263.00 05/24/2024 AWWA Membership Renewal-R Law
165638 Anatek Labs, Inc.390.00 05/24/2024 Sample Testing
165639 Aspect Consulting 25,972.01 05/24/2024 Aquifer Storage and Recovery Grant.
165640 AT&T Mobility II, LLC 137.55 05/24/2024 First Responder Lines-CE
165641 BCV Inc 143,673.31 05/24/2024 Crack Seal - 2024 GC2023-188
165642 Bud Clary Ford LLC 1,423.50 05/24/2024 Condenser/Oil Cooler/Radiator
165643 Central Manufacturing Inc 315.94 05/24/2024 Asphalt Patches
165644 Central Wash Asphalt Inc 1,988.08 05/24/2024 Basin St. & Hamilton Rd. Patches
165645 Centurylink 79.04 05/24/2024 333657429 5.14.2024
165646 CHS Inc 35,395.84 05/24/2024 Fuel for Vehicles - April 2024
165647 Columbia Basin Ice, LLC 600.00 05/24/2024 Campground Ice
165648 Copiers Northwest Inc 548.90 05/24/2024 Equipment Contract Fees
165649 Databar Inc 3,549.63 05/24/2024 Utility Billing Invoices
165650 Dell Marketing 2,409.08 05/24/2024 Monitors
165651 Dennis Duke 225.15 05/24/2024 Retiree Dental Claim
165652 Dobbs Peterbilt- Moses Lake 57.80 05/24/2024 Chamber-3030
165653 Evergreen StormH2O 25,816.11 05/24/2024 Stormwater Comp Plan
City of Moses Lake
Checks Issued with Summary Description
For June 11th, 2024 Council Meeting
COML Council Packet 6-11-24, Page 518 of 713
165654 F C S Group 2,045.00 05/24/2024 Water Rate Study
165655 Faber Industrial Supply 1,532.75 05/24/2024 Supplies
165656 General Fire Apparatus Inc 501.79 05/24/2024 Ball Valve Repair Kit
165657 Ibs Inc 538.01 05/24/2024 Misc. Parts
165658 Jbird Towing and Recovery, INC 157.33 05/24/2024 Towing
165659 Jerrys Auto Supply 162.60 05/24/2024 Operating Supplies
165660 Katherine Kenison, PS 17,816.00 05/24/2024 City Atty. Services- April 24
165661 Keller Associates 40,428.08 05/24/2024 COF Raw Waste Upgrade- GC2023-176
165662 Lad Irrigation Company Inc 1,042.55 05/24/2024 Irrigation Supplies
165663 Life -Assist, Inc.81.81 05/24/2024 Medical Supplies
165664 Martin Law LLP 21,900.30 05/24/2024 Consulting Services
165665 McKesson Medical-Surgical 332.64 05/24/2024 Medical Supplies
165666 McKinstry Essention, LLC 8,139.67 05/24/2024 Museum Solar Lighting Design
165667 Moses Lake Steel Supply 314.09 05/24/2024 Pipe/Rebar
165668 Moses Lake Youth Hockey Assn 3,921.56 05/24/2024 LTAC Reimbursement
165669 National Safety, Inc 7,670.89 05/24/2024 Safety Gear
165670 Northstar Chemical Inc 5,347.50 05/24/2024 Sodium Hypochlorite Well # 18
165671 Oreilly Auto Parts 1.99 05/24/2024 Wire/Plug
165672 Parker Corporate Services, Inc 12,591.25 05/24/2024 April 2024 Security
165673 Pasco Tire Factory, INC 1,096.33 05/24/2024 Tires
165674 Perfection Tire & Automotive 170.83 05/24/2024 Alignment
165675 Pitney Bowes Inc 1,343.84 05/24/2024 Postage Machine Lease
165676 Platt Electric 165.65 05/24/2024 GFI Receptacle
165677 Polhamus Heating & Air 5.07 05/24/2024 Coupling
165678 Pro Touch Car Wash & Auto Detail LLC 84.15 05/24/2024 Car Washes April 2024
165679 Pud Of Grant County 20,729.09 05/24/2024 Elec. Services
165680 Pumptech, LLC 8,313.45 05/24/2024 Pump Repair
165681 RH2 Engineering Inc.6,049.01 05/24/2024 On-Call Engineering Services
165682 Samaritan Healthcare 160.00 05/24/2024 CPR/AED cards
165683 Sherwin-Williams 883.03 05/24/2024 Paint, Paint Supplies
165684 SHI International, Inc 91,050.21 05/24/2024 MS License Renewals
165685 Shirtbuilders Inc 535.08 05/24/2024 City Logo Wear
165686 Sirennet.Com 5,739.89 05/24/2024 Utility K9 Transport System
165687 Skaug Brothers Glass 22.99 05/24/2024 Glass
165688 Summit Law Group 5,762.50 05/24/2024 HR Pro Services
165689 Target Solutions Learning 2,770.24 05/24/2024 Computer Software
165690 The Lifeguard Store 134.27 05/24/2024 Guard Visors
165691 Uniforms 2 Gear 289.71 05/24/2024 Uniform
165692 Ups Freight 36.08 05/24/2024 Weekly Service Fees
165693 Washington State Patrol 171.25 05/24/2024 Background Checks
165694 Weaver Exterminating Srvc Inc 99.82 05/24/2024 Rodent Control
165695 Weinstein Beverage Company 815.96 05/24/2024 Restroom Supplies
165696 Western Integrated Technologies, Inc 38.90 05/24/2024 Long Liner Parts
165697 William Scotsman, Inc 895.13 05/24/2024 Rental @ Sleep Center
165698 Metropolitan Transportation Co 3,500.00 05/24/2024 Annual Subscription
165699 Alexander Morton 150.00 05/28/2024 CDL Physical Reimbursement
165700 Christina Jewell 70.33 05/28/2024 Reimbursement for Uniform Purchase
165701 J Jesus Sandoval 4,357.01 05/28/2024 Building Permit Reimbursement
165702 Jeremy Westmoreland Concessions 85.00 05/28/2024 Endorsement Not Required
165703 Joe Frey 150.00 05/28/2024 Boot Reimbursement
COML Council Packet 6-11-24, Page 519 of 713
165704 Jovita Cantu 288.10 05/28/2024 Mileage Reimbursement
165705 Kerri Fenner 114.70 05/28/2024 Travel Mileage Reimbursement
165706 Kevin Fuhr 104.29 05/28/2024 Reimburse Purchases Made
165707 Scott Allsbrook 125.00 05/28/2024 CDL Physical Reimbursement
165708 Scott Allsbrook 136.00 05/28/2024 CDL Endorsement Reimbursement
165709 Stefanie Dunn 350.00 05/28/2024 Increase Museum Petty Cash
165710 Washington State Department of Ecology 60.00 05/28/2024 Dalton Kilmer Op 1 Application
165711 Evergreen Pines Investment Holdings, LLC 85.00 05/28/2024 Reimburse City Endorsement
165712 M&E Mejia Transport 85.00 05/28/2024 City Endorsement Reimbursement
165713 Mini Donut Patrol 85.00 05/28/2024 City Endorsement Reimbursement
165714 Postres Agridulces Mairim's 85.00 05/28/2024 City Endorsement Reimbursement
165715 Schmidt Home Co LLC 85.00 05/28/2024 City Endorsement Reimbursement
165716 Abc Hydraulics 143.61 05/30/2024 Misc. Parts
165717 Ag Supply Ace Hardware 76.73 05/30/2024 Drill Toggle/Drywall Anchor/Hose Heater
165718 Anatek Labs, Inc.5,635.00 05/30/2024 Sample Testing
165719 Badger Meters Inc 6,572.33 05/30/2024 Meter Parts
165720 Cascade Natural Gas Corp 1,323.72 05/30/2024 Natural Gas Utilities
165721 Centurylink 3,455.49 05/30/2024 Telephone Services
165722 Columbia Basin Herald 643.73 05/30/2024 Advertisements
165723 Columbia Bearing Bdi 53.77 05/30/2024 V-Belts
165724 Columbia Electric Supply 11,296.72 05/30/2024 Parts/Supplies
165725 Consolidated Electrical Distributors Inc 91.41 05/30/2024 Compression Lugs/Coding Tape
165726 Copiers Northwest Inc 394.44 05/30/2024 Equipment Contract Fees
165727 D & D Electric Motor Srvc Inc 15,845.64 05/30/2024 Inspect & Repair
165728 Dell Marketing 20,413.88 05/30/2024 Computers/Towers/Bases
165729 Direct Mail, Inc 553.80 05/30/2024 June 6th Ad
165730 ESO Solutions Inc 517.99 05/30/2024 Medical Report Software
165731 Faber Industrial Supply 509.04 05/30/2024 Maintenance Supplies
165732 Farallon Inc 3,328.50 05/30/2024 Water Remidiation Services
165733 General Fire Apparatus Inc 1,111.67 05/30/2024 Swing-Out Valve with Metal Ball
165734 Global Equipment Company, Inc 608.57 05/30/2024 Pallet Rack
165735 Grainger Parts Operations 1,223.95 05/30/2024 Supplies
165736 Ground Works Three, LLC 5,041.67 05/30/2024 Property Rental- Sleep Center
165737 H D Fowler Company 10,502.86 05/30/2024 Saddle Bodies
165738 Inland Pipe & Supply Company 104.02 05/30/2024 Ball Valve
165739 Jerrys Auto Supply 248.38 05/30/2024 Equipment Supplies
165740 Kelley Create 1,319.90 05/30/2024 Desk/ Contract Fees
165741 Lad Irrigation Company Inc 121.80 05/30/2024 PVC Supplies
165742 Localtel Communications 1,419.09 05/30/2024 Internet Services
165743 Moon Security Services Inc 335.68 05/30/2024 Security Services
165744 Moses Lake BMX Association 350.00 05/30/2024 Spring Break Camp 2024
165745 Moses Lake Youth Hockey Assn 8,068.44 05/30/2024 LTAC Advertising
165746 Motion Industries, Inc 88.41 05/30/2024 Poly Tubing
165747 North 40 Outfitters 358.80 05/30/2024 Pants/Supplies
165748 Northstar Chemical Inc 7,424.50 05/30/2024 Sodium Hypochlorite
165749 NYS Child Support Prosessing Center 184.61 05/30/2024 Gilmartin Child Support
165750 Oreilly Auto Parts 257.44 05/30/2024 Control Arm Assemblies
165751 Oxarc Inc 55.79 05/30/2024 Safety Gear
165752 Paramount Supply Company 31.37 05/30/2024 Relief Valve
165753 Parker Corporate Services, Inc 7,613.69 05/30/2024 Security @ Sleep Center
COML Council Packet 6-11-24, Page 520 of 713
165754 Pasco Tire Factory, INC 1,698.44 05/30/2024 Tires
165755 Platt Electric 1,784.77 05/30/2024 Misc. Parts
165756 R&M Hansen, Inc 1,835.53 05/30/2024 Laundry Services- Sleep Center
165757 Skaug Brothers Glass 667.01 05/30/2024 Windshield
165758 The Lifeguard Store 51.54 05/30/2024 Neck Lanyards
165759 Titan Machinery, Inc.66.56 05/30/2024 Spray HS
165760 Titan Truck Equipment 304.62 05/30/2024 Wire Rope
165761 Turf Star Western 510.38 05/30/2024 Blade Kit
165762 Ups Freight 35.91 05/30/2024 Weekly Service Fees
165763 Usa Blue Book 966.76 05/30/2024 Lab Supplies
165764 Waytek Inc 533.27 05/30/2024 Misc. Parts
165765 William Scotsman, Inc 2,108.17 05/30/2024 Mobil Rental- Sleep Center
165766 Edgar Salazar 486.00 05/30/2024 DEA Basic Training 6.2024
165767 Janelle Sword 905.46 05/31/2024 LEOFF Retiree Pension May 24
165768 Luther Stowers 938.67 05/31/2024 LEOFF Retiree Pension May 24
165769 Lizabeth Murillo 19.00 06/04/2024 Grant Training 2024
660,215.09$
COML Council Packet 6-11-24, Page 521 of 713
TOTALS BY FUND:Est. Fund Bal.Est. Fund Bal.
FUND NO FUND NAME 5/31/2024 AMOUNT 6/11/2024
001 GENERAL FUND 11,447,887 48,228.94 11,399,658
102 TOURISM 1,580,716 11,990.00 1,568,726
103 GRANTS AND DONATIONS 1,122,698 - 1,122,698
105 ARPA 3,381,602 - 3,381,602
110 HOMELESS SERVICES 238,008 17,494.19 220,514
111 OPIOID ABATEMENT 147,780 - 147,780
112 PUBLIC ARTS FUND 49,824 - 49,824
114 PATHS/TRAILS 93,523 - 93,523
116 STREET 799,905 2,711.00 797,194
119 STREET REPR/RECON 4,374,348 151,235.06 4,223,113
170 TRANSPORTATION BENEFIT DISTRICT 1,168,365 - 1,168,365
282 LOCAL BORROWING 1,680,131 - 1,680,131
286 REFUNDING GO BONDS 2015 184,667 - 184,667
314 PARK & RECREATION IMPROVEMENTS 659,875 - 659,875
315 PARK MITIGATION CAPITAL PROJECTS 330 - 330
316 COMMUNITY SERVICES CENTER - - -
320 FIRE MITIGATION FUND 785,204 925.86 784,278
322 WATER REMIDIATION 1,678,376 64,303.53 1,614,073
410 WATER/WASTEWATER 7,809,770 95,836.59 7,713,934
450 2011 BOND FUND 10,304 - 10,304
451 2011 BOND FUND - RESERVE 538,350 - 538,350
452 2004 BOND FUND 5,792 - 5,792
453 2004 BOND FUND - RESERVE 701,500 - 701,500
471 WATER RIGHTS 1,578,642 - 1,578,642
477 WATER SEWER CONSTRUCTION 4,802,392 45,871.09 4,756,521
485 PWTF WATER-WASTEWATER DEBT SVS 20,196 - 20,196
487 2015 GO BONDS REDEMPTION 9,471 - 9,471
490 SANITATION 2,369,013 2,060.21 2,366,953
493 STORM WATER 871,360 25,816.11 845,544
495 AIRPORT 79,141 - 79,141
498 AMBULANCE 543,171 2,516.33 540,655
501 UNEMPLOYMENT COMPENSATION INSURANCE 140,904 - 140,904
503 SELF-INSURANCE 281,165 - 281,165
517 CENTRAL SERVICES 735,942 120,566.74 615,376
519 EQUIPMENT RENTAL 2,222,331 53,095.74 2,169,235
528 BUILDING MAINTENANCE 2,054,442 23,105.57 2,031,336
611 FIRE PENSION 421,998 1,844.13 420,154
623 DEPOSIT 799,238 (7,561.75) 806,799
631 STATE 11,239 175.75 11,063
TOTAL 55,399,601$ 660,215.09$ 54,739,385$
City of Moses Lake
Tabulation of Claims Paid-Summary by Fund
Council Meeting Date- 06/11/2024
COML Council Packet 6-11-24, Page 522 of 713
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Kevin Fuhr, City Manager 18010
Madeline Prentice, Director Finance
6/11/2024 Consent Agenda
ERP (Financial Management) system - SaaS contract approval - 2nd review
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
164,024.00$164,024.00$0.00$
Authorize the City Manager to sign the attached 3-year contract with Tyler Technologies for annual Service as a
Software (SaaS) agreement and implementation of a new Enterprise Resource Planning (ERP) system.
Tyler Technologies - ERP SaaS Final.pdf 5.86MB
Tyler Module Description.docx 30.26KB
The City's current ERP system is substandard and has not performed to the City's needs or expectations, nor
can it be modified or customized to meet our needs now or in the future. The City released an RFP for a new
ERP system in late 2022 with responses due back to the City by early 2023. The City received five responses
to the RFP which were evaluated based on a number of factors with three being identified to provide
demonstrations of their software. Each of the vendors selected were invited to present 2-day onsite
demonstrations of their software's capabilities to staff from all departments of the City. Staff attending the
demonstrations were from Finance/Utility Billing, Human Resources, Public Works, and Parks and Recreation.
Following the demonstrations staff identified Tyler Technologies as the selected vendor to move forward with. In
the following weeks, staff conducted reference calls with various municipalities currently using Tyler software,
including one site visit to the City of Walla Walla to view their software and discuss recommendations, concerns
and other relevant information prior to beginning contract negotiations with Tyler.
After several iterations, the attached SaaS agreement was reached, and we are requesting authorization for the
City Manager to sign the agreement and begin the implementation of a new ERP system for the City. The
current scope of work includes implementation of several Tyler products as identified on the Sales Quote
attached to the Agreement and further defined on the Tyler Module Description attached. The Tyler
Technologies RFP submission and their 2021 annual report is also available should Council wish to review more
information about Tyler and the products being proposed.
COML Council Packet 6-11-24, Page 523 of 713
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The annual SaaS costs are $160,311/year for each of the first 3 years of the agreement. SaaS fees for two
subsequent annual renewals (years 4 and 5) would increase 3% annually. The first year SaaS fees are billed
quarterly at commencement of the initial term and subsequent years are invoiced annually on the anniversary
date. 2024 SaaS fees are $80,000. Total implementation costs for all in-scope modules are $528,293 and are
billed as implementation and professional services are provided. The initial projected timeline for
implementation of all in-scope modules is 22 - 24 months (Financials - 10 months; HR/Payroll - 9 months; Utility
Billing - 11 months). The Financials modules would be implemented first with HR/Payroll implementation
starting approximately 8 months after Financials are started and Utility Billing implementation starting 5 months
after HR/Payroll implementation has begun. 2024 implementation costs are estimated between $105,000 and
$179,000 for a total estimated 2024 cost of between $185,000 and $259,000. We budgeted $164,024 in 2024
for the ERP system implementation. If the total costs exceed budget, a budget amendment would be requested,
unless there are savings in other line items due to position vacancies in the department or other cost saving
measures are achieved.
Options and Results
Authorize the City Manager to execute the agreement as presented.
Staff will bring back options for recommended changes.
The SaaS agreement would not be executed, and staff would continue using the current system.
COML Council Packet 6-11-24, Page 524 of 713
**Notice to Tyler is required under Section H(17) in the event the City receives a public records request.**
1
SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment
Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler
desires to provide such products and services under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth
in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
“Agreement” means this Software as a Service Agreement, including Exhibits and Schedules.
“Business Travel Policy” means our business travel policy. A copy of our current Business Travel
Policy is attached as Schedule 1 to Exhibit B.
“Client” means City of Moses Lake, Washington.
“Data” means your data necessary to utilize the Tyler Software.
“Data Storage Capacity” means the contracted amount of storage capacity for your Data
identified in the Investment Summary.
“Defect” means a failure of the Tyler Software to substantially conform to the functional
descriptions set forth in our written proposal to you, or their functional equivalent. Future
functionality may be updated, modified, or otherwise enhanced through our maintenance and
support services, and the governing functional descriptions for such future functionality will be
set forth in our then-current Documentation.
“Defined Users” means the number of users that are authorized to use the SaaS Services. The
Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A
contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum
number of named users that are authorized to use the Enterprise Permitting & Licensing labeled
modules as indicated in the Investment Summary.
“Developer” means a third party who owns the intellectual property rights to Third Party
Software.
“Documentation” means any online or written documentation related to the use or
functionality of the Tyler Software that we provide or otherwise make available to you, including
instructions, user guides, manuals and other training or self-help documentation.
“Effective Date” means the date by which both your and our authorized representatives have
signed the Agreement.
“Force Majeure” means an event beyond the reasonable control of you or us, including, without
limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other
cause that could not with reasonable diligence be foreseen or prevented by you or us.
“Investment Summary” means the agreed upon cost proposal for the products and services
attached as Exhibit A.
COML Council Packet 6-11-24, Page 525 of 713
**Notice to Tyler is required under Section H(17) in the event the City receives a public records request.**
2
“Invoicing and Payment Policy” means the mututally agreed upon Invoicing and Payment Policy
attached as Exhibit B.
“Order Form” means an ordering document that includes a quote or Investment Summary and
specifying the items to be provided by Tyler to Client, including any addenda and supplements
thereto.
“SaaS” stands for software as a service, which means (i) software that is accessed by Client and
its users via the internet; and (ii) associated services as more fully described in this Agreement
and as SaaS Services.
“SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary.
“SaaS Services” means software as a service consisting of system administration, system
management, and system monitoring activities that Tyler performs for the Tyler Software, and
includes the right to access and use the Tyler Software, receive maintenance and support on the
Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and
archiving. SaaS Services do not include support of an operating system or hardware, support
outside of our normal business hours, or training, consulting or other professional services.
“SLA” means the service level agreement between Tyler and Client that provides specific
measurable aspects related to the SaaS Services and defines the service standards and
obligations and remedies for failure to meet those obligations of Tyler to Client. The SLA is
attached hereto as Exhibit C.
“Statement of Work” means the industry standard implementation plan describing how our
professional services will be provided to implement the Tyler Software, and outlining your and
our roles and responsibilities in connection with that implementation. The Statement of Work is
attached as Exhibit E.
“Support Call Process” means the support channels and methods applicable to all of our
customers who have licensed the Tyler Software. A copy of our current Support Call Process is
attached as Schedule 1 to Exhibit C.
“Third Party” means an entity other than Tyler that provides hardware, software, products or
services to Client pursuant to this Agreement.
“Third Party Hardware” means the third party hardware, if any, identified in the Investment
Summary.
“Third Party Products” means the Third Party Software and Third Party Hardware.
“Third Party SaaS Services” means software as a service provided by a third party, if any,
identified in the Investment Summary.
“Third Party Services” means the third party services, if any, identified in the Investment
Summary.
“Third Party Software” means the third party software, if any, identified in the Investment
Summary.
“Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the
Third Party Products or other parties’ products or services, as applicable, and attached or
indicated at Exhibit D.
“Tyler” means Tyler Technologies, Inc., a Delaware corporation.
“Tyler Software” means our proprietary software, including any integrations, custom
modifications, and/or other related interfaces identified in the Investment Summary and
licensed by us to you through this Agreement.
“we”, “us”, “our” and similar terms mean Tyler.
“you” and similar terms mean Client.
COML Council Packet 6-11-24, Page 526 of 713
**Notice to Tyler is required under Section H(17) in the event the City receives a public records request.**
3
SECTION B – SAAS SERVICES
1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS
Services solely for your internal business purposes for the number of Defined Users only. The Tyler
Software will be made available to you according to the terms of the SLA. You acknowledge that we
have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS
Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software,
as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you
perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are
receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms
and conditions of this Agreement including, without limitation, Section B(4). We will make any such
software available to you for download.
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with the
Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount
of Data Storage Capacity. You may add additional users or additional data storage capacity on the
terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined
Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate
with the overage(s). Prior to any increase in charges pursuant to this Section, Tyler will provide you
notice of such excess(es) and reasonably cooperate with you to identify opportunities for managing
user and Data Storage Capacity so as to not incur additional charges.
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software,
and anything developed by us under this Agreement. You do not acquire under this Agreement
any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for
internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize
that except to the extent necessary to carry out our obligations contained in this Agreement, we
do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS
Services available in any manner to any third party for use in the third party’s business operations;
(b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of
the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a
third party in building or supporting, products or services competitive to us; or (d) license, sell, rent,
lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service
bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or
Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the
term of this Agreement. If the Tyler Software does not perform as warranted, we will use all
reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the
COML Council Packet 6-11-24, Page 527 of 713
**Notice to Tyler is required under Section H(17) in the event the City receives a public records request.**
4
maintenance and support process set forth in Section C(9), below, the SLA and our then current
Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on
Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain,
SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS
Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution
of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a
summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the
NDA is in effect and in which you make a written request, we will provide that same
information. If our SaaS Services are provided using a third-party data center, we will provide
available compliance reports for that data center. The SaaS Services will conform to the
requirements of this Agreement, regardless of whether Tyler uses its own data center or a Third-
Party data center.
6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In
either event, databases containing your Data will be dedicated to you and inaccessible to our
other customers.
6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and
the required hardware to provide access to the Tyler Software in the event of a disaster or
component failure. In the event of a data center failure, we reserve the right to employ our
disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a
Recovery Point Objective (“RPO”) of 1 hour and a Recovery Time Objective (“RTO”) of 24 hours.
RPO represents the maximum duration of time between the most recent recoverable copy of
your hosted Data and subsequent data center failure. RTO represents the maximum duration of
time following data center failure within which your access to the Tyler Software must be
restored.
6.4 We conduct annual penetration testing of either the production network and/or web
application to be performed. We will maintain industry standard intrusion detection and
prevention systems to monitor malicious activity in the network and to log and block any such
activity. We will provide you with a written or electronic record of the actions taken by us in the
event that any unauthorized access to your database(s) is detected as a result of our security
protocols. We will undertake an additional security audit, on terms and timing to be mutually
agreed to by the parties, at your written request. You may not attempt to bypass or subvert
security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and
unauthorized vulnerability and penetration test scanning of our network and systems (hosted or
otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule
and execute such a test on a mutually agreeable schedule. At your written request, we will
provide test results to you within a commercially reasonable timeframe after receipt of the
request.
COML Council Packet 6-11-24, Page 528 of 713
**Notice to Tyler is required under Section H(17) in the event the City receives a public records request.**
5
6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be
responsible for running reports and testing critical processes to verify the returned Data.
6.7 We provide secure Data transmission paths between each of your workstations and our servers.
6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other
visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to
ensure no unauthorized access.
6.9 Where applicable with respect to our applications that take or process card payment data, we
are responsible for the security of cardholder data that we possess, including functions relating
to storing, processing, and transmitting of the cardholder data and affirm that, as of the
Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and
have performed the necessary steps to validate compliance with the PCI DSS. We agree to
supply the current status of our PCI DSS compliance program in the form of an official
Attestation of Compliance, which can be found at https://www.tylertech.com/about-
us/compliance, and in the event of any change in our status, will comply with applicable notice
requirements. Should the applicable PCI DSS requirements of compliance change, we will make
all commercially reasonable efforts to reaffirm and remain in compliance.
SECTION C – PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in
the Investment Summary and described in the mutually agreed upon Statement of Work.
2. Professional Services Fees. Subject to your payment withholding rights in Section E(2), you agree to
pay us the professional services fees in the amounts set forth in the Investment Summary. Those
amounts are payable in accordance with the Invoicing and Payment Policy. You acknowledge that
the fees stated in the Investment Summary are good-faith estimates of the amount of time and
materials required for your implementation. We will bill you the actual fees incurred based on the
in-scope services provided to you. Any discrepancies in the total values set forth in the Investment
Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the
scope of services and related costs (including programming and/or integration or interface
estimates) required for the project based on our understanding of the specifications you supplied
and as outlined in the Statement of Work. If additional work is required, or if you use or request
additional services, we will provide you with an addendum or change order, as applicable, outlining
the costs for the additional work. The price quotes in the addendum or change order will be valid
for thirty (30) days from the date of the quote. The addendum or change order must be mutually
agreed to and signed by an authorized representative of each party before additional services
commence.
4. Client Cancellation. If you cancel services less than four (4) weeks in advance (other than for Force
Majeure or breach by us), you will be liable for all (a) daily fees associated with cancelled
professional services if we are unable to reassign our personnel and (b) any non-refundable travel
COML Council Packet 6-11-24, Page 529 of 713
**Notice to Tyler is required under Section H(17) in the event the City receives a public records request.**
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expenses already incurred by us on your behalf. We will make all reasonable efforts to reassign
personnel in the event you cancel within four (4) weeks of scheduled commitments.
Tyler Cancellation. If Tyler cancels services, the Client will not be liable for any costs associated with
cancellation.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent
with industry standards. In the event we provide services that do not conform to this warranty, we
will re-perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to
your personnel, facilities, and equipment as may be reasonably necessary for us to provide
implementation services, subject to any reasonable security protocols or other written policies
provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone
criminal background checks prior to hire. All employees sign our confidentiality agreement and
security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative
process requiring the time and resources of your personnel. You agree to use all reasonable efforts
to cooperate with and assist us as may be reasonably required to meet the agreed upon project
deadlines and other milestones for implementation. This cooperation includes at least working with
us to schedule the implementation-related services outlined in this Agreement. We will not be
liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or
to the failure by your personnel to provide such cooperation and assistance (either through action
or omission).
9. Assignment and Removal of Staff. After the Effective Date, and in coordination with the project
kick-off activities identified in the Statement of Work, we will make our project staffing assignments.
Upon request, we will provide you with project resumes, demonstrating relevant past project
experience, for project team members that are allocated for onsite services on the project. You
agree that those resumes are for your information and planning purposes only.
Once our project team is assembled and your counterparts have been identified, both parties agree
that, except for reasons outside of their control, they will not remove staff and personnel from their
assigned project roles without reasonable advance notice and good cause, and that they will work
together to mitigate project impacts after any such removal. The parties will also work together to
manage the project impact resulting from the temporary unavailability of project staff from either
party. We agree to use commercially reasonable efforts to maintain consistency of project
personnel and commit to replacement resources having sufficient project knowledge, without
additional cost to you, in order to render services in accordance with contractual requirements.
In the event our personnel is/are not providing services consistent with our services warranty or are
otherwise negatively impacting the project, you will notify us of that deficiency and give us a
reasonable opportunity to correct it. If the deficiency persists, we will replace that project member,
upon written request and demonstration of good cause. Replacement staff will be assigned
following the same processes set forth above and shall have reasonably sufficient experience and
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project knowledge to fulfill applicable obligations under the Agreement. The foregoing
notwithstanding, if the replacement personnel is providing services onsite, you shall remain liable
for travel expenses incurred by such personnel, to be invoiced in accordance with the Business
Travel Policy.
10. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing
and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process,
we will:
10.1 perform our maintenance and support obligations in a professional, good, and
workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler
Software (subject to any applicable release life cycle policy);
10.2 provide support during our established support hours;
10.3 maintain skilled personnel that are sufficiently trained to be knowledgeable with the
Tyler Software and Third Party Software, if any, in order to provide maintenance and support
services;
10.4 make available to you all releases to the Tyler Software (including updates,
enhancements, technology, and platform) that we make generally available without additional
charge; and
10.5 provide non-Defect resolution support of prior releases of the Tyler Software in
accordance with any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party
secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree
to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You
agree to provide us with a login account and local administrative privileges as we may reasonably
require to perform remote services. We will, at our option, use the secure connection to assist with
proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot
resolve a support issue remotely, we may be required to provide onsite services. In such event, we will
be responsible for our travel expenses, unless it is determined that the reason onsite support was
required was a reason outside our control.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless
Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design;
(c) other consulting services (such as Business Process Consulting); or (d) support outside of our
established support hours as listed in our then-current Support Call Process. Requested services such as
those outlined in this section will be billed to you on a time and materials basis at our then-current
rates. You must request those services with at least one (1) weeks’ advance notice.
SECTION D – THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have
purchased any, for the price set forth in the Investment Summary. Those amounts are payable in
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accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party
Software and related documentation for internal business purposes only. Your rights to the Third
Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive
free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not
warrant or guarantee the performance of the Third Party Products. However, we grant and pass
through to you any warranty that we may receive from the Developer or supplier of the Third
Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided
independent of Tyler by such third-party at the rates set forth in the Investment Summary and in
accordance with the Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in
the Investment Summary per the Invoicing and Payment Policy, Exhibit B, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the
warranties in this Agreement, you will provide us with written notice within thirty (30) days of your
receipt of the applicable invoice. The written notice must contain reasonable detail of the issues
you contend are in dispute so that we can confirm the issue and respond to your notice with either a
justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues
presented in your notice. We will work with you as may be necessary to develop an action plan that
outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we
complete the action items outlined in the plan. If we are unable to complete the action items
outlined in the action plan because of your failure to complete the items agreed to be done by you,
then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS
Services, including maintenance and support services, if you fail to pay an invoice not disputed as
described above within thirty (30) days of notice of our intent to do so.
SECTION F – TERM AND TERMINATION
1. Term. The initial term of this Agreement is three (3) years, commencing on the first day of the first
month following the Effective Date, unless earlier terminated as set forth below. Upon expiration of
the initial term, this Agreement will renew automatically for additional one (1) year renewal terms
at our then-current SaaS Fees unless terminated in writing by either party at least sixty (60) days
prior to the end of the then-current renewal term. Your right to access or use the Tyler Software
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and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination,
you will pay us for all undisputed fees and expenses related to the software, products, and/or
services you have received, or we have incurred or delivered, prior to the effective date of
termination. Disputed fees and expenses in all terminations other than your termination for cause
must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is
contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we
may discontinue the SaaS Services and deny your access to the Tyler Software. We may also
terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of
receiving written notice of our intent to terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the
Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause
in the event we do not cure, or create a mutually agreeable action plan to address, a material
breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event
suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds
sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty
(30) days written notice to us. You will not be entitled to a refund or offset of previously paid,
but unused SaaS Fees. You agree not to use termination for lack of appropriations as a
substitute for termination for convenience.
2.5 Return of Data. In the event of termination of the Agreement, and upon reasonable advance
notice, Tyler shall promptly make all Data available to you in the format of the database or other
such format as may be mutually agreed upon, provided through Tyler’s FTP server or such other
secure method reasonably selected by Tyler. Such Data will be provided at no additional cost.
SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend, indemnify, and hold you harmless from and against any third party claim(s) that
the Tyler Software or Documentation infringes that third party’s patent, copyright, or
trademark, or misappropriates its trade secrets, and will pay the amount of any resulting
adverse final judgment (or settlement to which we consent). You must notify us promptly in
writing of the claim and give us sole control over its defense or settlement. You agree to
provide us with reasonable assistance, cooperation, and information in defending the claim at
our expense.
1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final
judgment is based on your use of the Tyler Software in violation of the terms of this Agreement,
including with non-licensed third parties, or your willful infringement.
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1.3 If we receive information concerning an infringement or misappropriation claim related to the
Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for
you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a
functional equivalent, in which case you will stop running the allegedly infringing Tyler Software
immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you
may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software
is enjoined by a court of competent jurisdiction, in addition to paying any adverse final
judgment (or settlement to which we consent), we will, at our option, either: (a) procure the
right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional
equivalent. This section provides your exclusive remedy for third party copyright, patent, or
trademark infringement and trade secret misappropriation claims. In the event your use of the
Tyler Software is enjoined by a court of competition jurisdiction and we are unable to either: (a)
procure the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with
a functional equivalent, you may terminate the Agreement for cause in accordance with Section
F(2.2).
2. General Indemnification.
2.1 We will indemnify, defend, and hold harmless you and your agents, officials, volunteers, nd
employees from and against any and all third-party claims, losses, liabilities, damages, costs, and
expenses (including reasonable attorney’s fees and costs) for (a) personal injury or property
damage to the extent caused by our negligence or willful misconduct; (b) our violation of PCI-
DSS requirements or a law applicable to our performance under this Agreement; or (c) our
violation of the confidentiality provisions of Section H(17) of this Agreement. You must notify us
promptly in writing of the claim and give us sole control over its defense or settlement. You
agree to provide us with reasonable assistance, cooperation, and information in defending the
claim at our expense. We will not agree to a settlement that requires you to perform or abstain
from any action (including but not limited to making a payment) without your consent, not to be
unreasonably withheld, and we will not agree to any other settlement without giving you
advance notice thereof and a reasonable opportunity to provide feedback on that proposed
settlement, which feedback we will consider in good faith.
2.2 To the extent permitted by applicable law, you will indemnify, defend, and hold harmless us and
our agents, officials, and employees from and against any and all third-party claims, losses,
liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a)
personal injury or property damage to the extent caused by your negligence or willful
misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense
or settlement. We agree to provide you with reasonable assistance, cooperation, and
information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR
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FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER
DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH
IN SECTION F(1), TWO (2) TIMES THE TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B)
DURING ANY RENEWAL TERM, TWO (2) TIMES THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE
IN THAT RENEWAL TERM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH
IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE
MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES,
AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY
REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE
SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain
the following levels of insurance: (a) Commercial General Liability of at least $1,000,000 per claim
and $2,000,000 aggregate; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability
(inclusive of Cyber Liability) of at least $5,000,000; (d) Workers Compensation complying with
applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will
add you as an additional insured to our Commercial General Liability and Automobile Liability
policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability
policy as well. We will provide you with copies of certificates of insurance reflecting additional
insured status after execution of this Agreement.
SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates
set forth in the Investment Summary for eighteen (18) months from the Effective Date by executing
a mutually agreed addendum. If no rate is provided in the Investment Summary, or those eighteen
(18) months have expired, you may purchase additional products and services at our then-current
list price, also by executing a mutually agreed addendum. The terms of this Agreement will control
any such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will
be valid for eighteen (18) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming
aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes,
including, if requested by either party, appointing a senior representative to meet and engage in
good faith negotiations with our appointed senior representative. Senior representatives will
convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings
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and discussions between senior representatives will be deemed confidential settlement discussions
not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If
we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort
to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may
assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this
section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution
procedures. The venue of any action shall lie in the State or Federal Courts serving Grant County,
Washington.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation,
sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt
certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will
reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a
copy. For clarity, we are responsible for paying our income taxes, both federal and state, as
applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for
employment concerning the performance of our responsibilities under this Agreement. This
discrimination prohibition will apply to all matters of initial employment, tenure, and terms of
employment, or otherwise with respect to any matter directly or indirectly relating to employment
concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that
is unrelated to the individual's ability to perform the duties of a particular job or position, height,
weight, marital status, or political affiliation. We will post, where appropriate, all notices related to
nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your
project.
7. Subcontractors. We will not subcontract any services under this Agreement.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of,
either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement
without the prior written consent of the other party; provided, however, your consent is not
required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or
purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in
performing its obligations under this Agreement to the extent that the delay is caused by Force
Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the
party whose performance is delayed provides the other party with written notice explaining the
cause and extent thereof, as well as a request for a reasonable time extension equal to the
estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you
and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have
the right to make any claim or assert any right under this Agreement. This provision does not affect
the rights of third parties under any Third Party Terms.
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11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and
us with respect to the subject matter hereof, and supersedes any prior agreements, understandings,
and representations, whether written, oral, expressed, implied, or statutory. Purchase orders
submitted by you, if any, are for your internal administrative purposes only, and the terms and
conditions contained in those purchase orders will have no force or effect. This Agreement may
only be modified by a written amendment signed by an authorized representative of each party.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the
remainder of this Agreement will be considered valid and enforceable to the fullest extent
permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced
by either party, such non-enforcement will not act as or be deemed to act as a waiver or
modification of this Agreement, nor will such non-enforcement prevent such party from enforcing
each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as
notice of an alleged material breach for a termination for cause or a dispute that must be submitted
to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the
following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail,
return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of
proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United
States Postal Service authorized mail center with proper postage (certified mail, return receipt
requested) affixed and addressed to the other party at the address set forth on the signature page
hereto or such other address as the party may have designated by proper notice. The consequences
for the failure to receive a notice due to improper notification by the intended receiving party of a
change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, and with your prior written
consent, marketing presentations and promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to confidential information and that disclosure of
such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be
confidential and includes, without limitation, personal identifying information (e.g., social security
numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will
not disclose any confidential information of the other party and further agrees to take all reasonable
and appropriate action to prevent such disclosure by its employees or agents. Provided, however,
that nothing in this Agreement shall prohibit the Client from complying with the Washington Public
Records Act. The confidentiality covenants contained herein will survive the termination or
cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of
this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial
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disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or
(d) is the subject of a legitimate disclosure request under the open records laws or similar
applicable public disclosure laws governing this Agreement; provided, however, that in the
event you receive an open records or other similar applicable request, you will use
commercially reasonable efforts to give us prompt notice and otherwise perform the
functions required by applicable law.
18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your
Data. In the event we detect malware or other conditions associated with your Data that are
reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the
absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment
to an isolated “quarantined” environment without advance notice. Your Data will remain in such
quarantine for a period of at least six (6) months during which time we will review the Data, and all
traffic associated with the Data, for signs of malware or other similar issues. If no issues are
detected through such reviews during the six (6) month period of quarantine, we will coordinate
with you the restoration of your Data to a non-quarantined environment. In the event your Data
must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, Tyler’s
affiliates or any Third Parties used at the direction of Tyler such as a Third-Party data center, we
reserve the right to require payment of mutually agreed upon additional fees for the extended
duration of quarantine.
19. Business License. In the event a local business license is required for us to perform services
hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact
information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of
the State of Washington, without regard to its rules on conflicts of law.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple
originals, any of which will be independently treated as an original document. Any electronic, faxed,
scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment
hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that
party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this
Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve
the right to negotiate and customize the terms and conditions set forth herein, including but not
limited to pricing, to the scope and circumstances of that cooperative procurement.
23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights
data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights
data platform is subject to the Data & Insights SaaS Services Terms of Service, attached at Exhibit F.
By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler
solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to
said terms.
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24. Payment Processing Terms. Your use of Payments and any related items is subject to the terms
attached as Exhibit G to this Agreement. By signing this Agreement, you agree you have read,
understand, and agree to such terms.
25. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Schedule 1: DocOrigin Terms
Schedule 2: Thin Print Terms
Exhibit E Statement of Work
Exhibit F Data & Insights SaaS Services Terms of Service
Exhibit G Payment Processing Agreement
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as
of the date(s) set forth below.
Tyler Technologies, Inc. City of Moses Lake, Washington
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of Moses Lake
One Tyler Drive PO Box 1579
Yarmouth, ME 04096 Moses Lake, Washington 98837
Attention: Chief Legal Officer Attention: ______________________________
_______________________________________
Madeline Prentice, Finance Director
_______________________________________
Katherine Kenison, City Attorney
Kevin Fuhr
City Manager
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Exhibit A
1
Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under
the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration
date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not
otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of
conflict between the Agreement and terms in the Comments section of this Investment Summary, the
language in the Agreement will prevail.
Tyler sales quotation to be inserted prior to Agreement execution.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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2023-428231-M2B9S8 Page 1
Quoted By:Maddie McCambridge
Quote Expiration:05/31/24
Quote Name:City of Moses Lake-EERP
Quote Description: City of Moses Lake WA 03132024
Saas Term 3.00
Sales Quotation For:Shipping Address:
City of Moses Lake
PO Box 1579
Moses Lake WA 98837-0244
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Accounting 1 148 $ 23,352.00
Accounts Payable 1 40 $ 6,592.00
Budgeting 1 68 $ 6,592.00
Capital Assets 1 56 $ 5,544.00
Cash Management 1 40 $ 3,818.00
Contract Management 1 36 $ 2,518.00
eProcurement (Vendor Access and Punch-Out)1 32 $ 5,700.00
Project & Grant Accounting 1 40 $ 4,462.00
Purchasing 1 112 $ 9,626.00
Human Resources Management
Human Resources & Talent Management 1 116 $ 6,006.00
Payroll with Employee Access 1 224 $ 8,713.00
Recruiting 1 20 $ 1,116.00
Time & Attendance w Mobile Access - Up to 350 Employees 1 168 $ 10,818.00
Revenue Management
Exhibit A
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2023-428231-M2B9S8 Page 2
Accounts Receivable 1 88 $ 4,850.00
Cashiering 1 56 $ 8,396.00
General Billing 1 40 $ 3,200.00
Resident Access 1 56 $ 6,300.00
Utility Billing CIS 1 200 $ 7,678.00
Utility Billing Meter Interface 1 32 $ 2,477.00
Content Management
Content Manager Core includes Onboarding 1 40 $ 12,569.00
Data Insights
Enterprise Analytics and Reporting w Executive Insights 1 112 $ 18,906.00
Additional
Enterprise Forms Processing Software (including Common Form Set)1 0 $ 7,215.00
GIS 5 8 $ 1,480.00
Notify includes 50,000 Msgs and 1,650 Mins per year 1 20 $ 10,000.00
Sub-Total:$ 177,928.00
Less Discount:$ 17,797.00
TOTAL 1752 $ 160,131.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance
Capital Assets Import Hours 16 $ 200.00 $ 0.00 $ 3,200.00 $ 0.00
COA Import Hours 12 $ 200.00 $ 0.00 $ 2,400.00 $ 0.00
Executive Insights Implementation 1 $ 8,400.00 $ 0.00 $ 8,400.00 $ 0.00
Payroll Accruals Import Hours 16 $ 200.00 $ 0.00 $ 3,200.00 $ 0.00
Payroll Deductions Import Hours 16 $ 200.00 $ 0.00 $ 3,200.00 $ 0.00
Payroll Employee Master Import Hours 16 $ 200.00 $ 0.00 $ 3,200.00 $ 0.00
Position Control Import Hours 12 $ 200.00 $ 0.00 $ 2,400.00 $ 0.00
Project Management 316 $ 200.00 $ 0.00 $ 63,200.00 $ 0.00
State Retirement Tables Import Hours 12 $ 200.00 $ 0.00 $ 2,400.00 $ 0.00
Conversions – See Detailed Breakdown Below $ 71,300.00 $ 0.00
Onsite Implementation 480 $ 225.00 $ 0.00 $ 108,000.00 $ 0.00
Exhibit A
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2023-428231-M2B9S8 Page 3
Remote Implementation 1272 $ 200.00 $ 0.00 $ 254,400.00 $ 0.00
TOTAL $ 525,300.00 $ 0.00
Payments
Use Case List Price Service %Min
Basis
Points Rate Cap POS Online IVR
Payments - Payer Card Cost - Service Fees
Enterprise ERP
Enterprise ERP Payments General Billing 3.50%$ 2.50 X X X
Enterprise ERP Payments Utility Billing 3.50%$ 2.50 X X X
Payments - Other Fees
Enterprise ERP
Client eCheck Cost $ 1.95
eCheck Rejects $ 5.00
Credit Card Chargebacks $ 15.00
Payer Card Cost Per card transaction with Visa, MasterCard, Discover, and American Express.
Enterprise ERP Payments IVR Cost - Additional $0.50 per transaction on top of Card and eCheck fee.
Client eCheck Cost Per electronic check transaction.
eCheck Rejects When an eCheck transaction comes back as declined (e.g bounced check)
Credit Card Chargebacks If a card payer disputes a transaction at the card issuing bank (e.g. stolen card)
3rd Party Hardware, Software and Services
Description Qty Unit Price
Unit
Discount Total Price
Unit
Maint/SaaS
Unit
Maint/SaaS
Discount
Total
Maint/SaaS
Cash Drawer 1 $ 260.00 $ 0.00 $ 260.00 $ 0.00 $ 0.00 $ 0.00
Hand Held Scanner - Model 1950GSR 1 $ 450.00 $ 0.00 $ 450.00 $ 0.00 $ 0.00 $ 0.00
Hand Held Scanner Stand 1 $ 30.00 $ 0.00 $ 30.00 $ 0.00 $ 0.00 $ 0.00
Payments Lane 7000 Terminal Purchase 1 $ 630.00 $ 0.00 $ 630.00 $ 0.00 $ 0.00 $ 0.00
Payments PCI Service Fee (Per Device)1 $ 0.00 $ 0.00 $ 0.00 $ 180.00 $ 0.00 $ 180.00
Printer (TM-S9000II)1 $ 1,623.00 $ 0.00 $ 1,623.00 $ 0.00 $ 0.00 $ 0.00
Exhibit A
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2023-428231-M2B9S8 Page 4
TOTAL $ 2,993.00 $ 180.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 160,131.00
Total Tyler Services $ 525,300.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 2,993.00 $ 180.00
Summary Total $ 528,293.00 $ 160,311.00
Contract Total $ 1,008,866.00
Estimated Travel Expenses excl in Contract
Total $ 27,400.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval:Date:
Print Name:P.O.#:
All Primary values quoted in US Dollars
Detailed Breakdown of Conversions (Included in Summary Total)
Description Qty Unit Price Unit Discount Extended Price
Financials
Accounting 1 $ 5,000.00 $ 0.00 $ 5,000.00
Accounts Payable 1 $ 7,600.00 $ 0.00 $ 7,600.00
Contracts 1 $ 4,000.00 $ 0.00 $ 4,000.00
Project Accounting 1 $ 5,000.00 $ 0.00 $ 5,000.00
Human Resources Management
Human Resources Management 1 $ 14,300.00 $ 0.00 $ 14,300.00
Revenue Management
Exhibit A
COML Council Packet 6-11-24, Page 544 of 713
2023-428231-M2B9S8 Page 5
General Billing 1 $ 8,200.00 $ 0.00 $ 8,200.00
Utility Billing 1 $ 27,200.00 $ 0.00 $ 27,200.00
TOTAL $ 71,300.00
Optional Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Human Resources Management
Advanced Scheduling w Mobile Access - Up to 350 Employees 1 104 $ 15,683.00
Revenue Management
Smart Meter Access - $2.00 per meter 1000 20 $ 2,000.00
Civic Services
My Civic 1 72 $ 10,000.00
Additional
ACFR Statement Builder 1 40 $ 7,850.00
Notify Additional Block of 12,000 Messages Per Year 1 0 $ 300.00
Notify Additional Block of 5,000 Minutes Per Year 1 0 $ 300.00
TOTAL:236 $ 36,133.00
Optional Professional Services
Description Quantity Unit Price Ext. Discount Extended Price Maintenance
Applicant Tracking Import Hours 12 $ 200.00 $ 0.00 $ 2,400.00 $ 0.00
Onsite Implementation 68 $ 225.00 $ 0.00 $ 15,300.00 $ 0.00
Remote Implementation 168 $ 200.00 $ 0.00 $ 33,600.00 $ 0.00
TOTAL $ 51,300.00 $ 0.00
Optional 3rd Party Hardware, Software and Services
Exhibit A
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2023-428231-M2B9S8 Page 6
Description Qty Unit Price
Unit
Discount
Total Price
Unit
Maint/SaaS
Unit
Maint/SaaS
Discount
Total
Maint/SaaS
Pattern Stream Automated Document System -
Implementation 64 $ 185.00 $ 0.00 $ 11,840.00 $ 0.00 $ 0.00 $ 0.00
Pattern Stream Automated Document System -
SaaS 1 $ 0.00 $ 0.00 $ 0.00 $ 16,740.00 $ 0.00 $ 16,740.00
TOTAL $ 11,840.00 $ 16,740.00
Tyler Annual Discount Detail (Excludes Optional Products)
Description Annual Fee
Annual Fee
Discount Annual Fee Net
Financial Management
Accounting $ 23,352.00 $ 2,335.00 $ 21,017.00
Accounts Payable $ 6,592.00 $ 659.00 $ 5,933.00
Budgeting $ 6,592.00 $ 659.00 $ 5,933.00
Capital Assets $ 5,544.00 $ 554.00 $ 4,990.00
Cash Management $ 3,818.00 $ 382.00 $ 3,436.00
Contract Management $ 2,518.00 $ 252.00 $ 2,266.00
eProcurement (Vendor Access and Punch-Out)$ 5,700.00 $ 570.00 $ 5,130.00
Project & Grant Accounting $ 4,462.00 $ 446.00 $ 4,016.00
Purchasing $ 9,626.00 $ 963.00 $ 8,663.00
Human Resources Management
Human Resources & Talent Management $ 6,006.00 $ 601.00 $ 5,405.00
Payroll with Employee Access $ 8,713.00 $ 871.00 $ 7,842.00
Recruiting $ 1,116.00 $ 112.00 $ 1,004.00
Time & Attendance w Mobile Access - Up to 350 Employees $ 10,818.00 $ 1,082.00 $ 9,736.00
Revenue Management
Accounts Receivable $ 4,850.00 $ 485.00 $ 4,365.00
Cashiering $ 8,396.00 $ 840.00 $ 7,556.00
General Billing $ 3,200.00 $ 320.00 $ 2,880.00
Exhibit A
COML Council Packet 6-11-24, Page 546 of 713
2023-428231-M2B9S8 Page 7
Resident Access $ 6,300.00 $ 630.00 $ 5,670.00
Utility Billing CIS $ 7,678.00 $ 768.00 $ 6,910.00
Utility Billing Meter Interface $ 2,477.00 $ 248.00 $ 2,229.00
Content Management
Content Manager Core includes Onboarding $ 12,569.00 $ 1,257.00 $ 11,312.00
Data Insights
Enterprise Analytics and Reporting w Executive Insights $ 18,906.00 $ 1,891.00 $ 17,015.00
Additional
Enterprise Forms Processing Software (including Common
Form Set)$ 7,215.00 $ 722.00 $ 6,493.00
GIS $ 1,480.00 $ 150.00 $ 1,330.00
Notify includes 50,000 Msgs and 1,650 Mins per year $ 10,000.00 $ 1,000.00 $ 9,000.00
TOTAL $ 177,928.00 $ 17,797.00 $ 160,131.00
Comments
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and
timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be
altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel
Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are
responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on
Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
The Implementation Hours included in this quote assume a work split effort of 60% Client and 40% Tyler.
Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more
Exhibit A
COML Council Packet 6-11-24, Page 547 of 713
2023-428231-M2B9S8 Page 8
than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-
Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
As a new Tyler client, you are entitled to a 14-day or a 30-day trial of the Managed Detection and Response cybersecurity service. Please reference
https://www.tylertech.com/services/tyler-detect for more information on the service and contact CybersecuritySales@tylertech.com to initiate the
trial.
Tyler currently supports the following identity providers (IdP's) for use with Tyler back-office solutions: Microsoft Active Directory through Azure AD,
ADFS or Okta AD agent, Google Cloud Identity, Okta, and Identity Automation Rapid Identity. Any requirement by you to use an IdP not supported by
Tyler will require additional costs, available upon request.
Content Manager Core includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000
per TB.
The SaaS fees for product that are not named users are based on 50 concurrent users. Should the number of concurrent users be exceeded,
Tyler reserves the right to re-negotiate the SaaS fees based upon any resulting changes in the pricing categories.
Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct
deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R.
Financial library includes: standard A/P check, standard EFT/ACH, standard Purchase order, standard Contract, 1099M, 1099INT, 1099S, 1099NEC
and 1099G.
General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt.
Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change.
Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of
project plan task statuses, and go-live planning activities.
Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights SaaS Services, or certain Tyler solutions which include Tyler’s
Data & Insights data platform, are subject to the Terms of Services, available at https://www.tylertech.com/terms/data-insights-saas-services-
terms-of-service. By signing this sales quotation, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify
that you have reviewed, understand, and agree to said terms.
Exhibit A
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2023-428231-M2B9S8 Page 9
Smart Meter Access annual subscription is calculated in year one based on smart meter estimates documented in this order. Subsequent year’s
subscription value is calculated based on actual smart meters for the previous year.
Accounting conversion includes: Actuals (total balances only) up to 5 years, Budgets (total balances only) up to 5 years
Accounts Payable conversion includes: Standard - Vendors, Remit Addresses, 1099 Amounts, Check History(Header, Detail) - up to 5 years,
Invoices (Header, Detail) - up to 5 years
Contracts conversion includes: Standard
General Billing conversion includes: Standard - CID, Recurring Invoices, Bills(Header, Detail), Payment History, Invoices - up to 5 years
Human Resources Management conversion includes: Standard - Employee Master, Address, Accumulators (Earnings & Deduction totals by
period) - up to 5 years, Check History - up to 5 years, Earning/Deduction History - up to 5 years, PM Action History - up to 5 years, Certifications,
Education
Project Accounting conversion includes: Standard, Actuals - up to 5 years, Budgets - up to 5 years
Utility Billing conversion includes: Standard - UB Account, CID's, Services/Meter Inventory, Assessments, Consumption History - up to 5 years,
Balance Forward AR, Service Orders, Backflow, Budget Billing, Flat Inventory/Containers
In the event Client acquires from Tyler any edition of Content Manager software other than Enterprise Edition, the license for Content Manager
is restricted to use with Tyler applications only. If Client wishes to use Content Manager software with non-Tyler applications, Client must
purchase or upgrade to Content Manager Enterprise Edition.
Your payment of the annual subscription or SaaS fee for Tyler Notify will include an identified amount of messages and/or minutes annually.
Additional messages and/or minutes may be purchased from Tyler in defined packages at our then-current rates. Tyler Notify will not restrict use
of messages and/or minutes that exceed the allotted messages but reserves the right to invoice you for documented overages occurring during
the annual term. Any unused messages or minutes remaining at the end of your annual subscription term expire.
Utility billing library includes: standard Utility bill, standard UB receipt, standard UB delinquent notice, standard door hanger and standard final
utility bill.
Exhibit A
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2023-428231-M2B9S8 Page 10
Your use of Payments and any related items included on this order is subject to the terms found at: https://www.tylertech.com/terms/payment-
card-processing-agreement. By signing this order or the agreement in which it is included, you agree you have read, understand, and agree to
such terms. Please see attached Payments fee schedule.
Fees for year one of hardware maintenance are invoiced upon delivery of the hardware, with subsequent years’ fees billed annually, in advance.
Exhibit A
COML Council Packet 6-11-24, Page 550 of 713
Exhibit B
1
Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the
Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in
the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as
set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees for the first year are invoiced on a quarterly basis, beginning on the
commencement of the initial term as set forth in Section F (1) of this Agreement. SaaS Fees for
subsequent years are invoiced annually in advance on every anniversary thereafter. Your annual
SaaS fees for the initial term are set forth in the Investment Summary. SaaS Fees for the first
two (2) annual renewals (years 4 and 5) will increase three percent (3%) on an annualized basis.
2. Other Tyler Software and Services.
2.1 Implementation and Other Professional Services (including training): Implementation and
other professional services (including training) are billed and monthly invoiced as delivered,
at the rates set forth in the Investment Summary. Notwithstanding anything to the contrary
in the Agreement, Tyler shall withhold billing and invoicing of ten percent (10%) of the fees
for implementation services delivered during a Phase until the earlier of (i) the Live Date of
the applicable Phase, or (ii) the Live Date for that Phase as listed in the revised Statement of
Work as part of the initial planning expected within thirty (30) days of implementation kick-
off. All invoicing will reflect the 10% retainage on the current invoice as a reduction of the
current amount due.
2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they
have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of
the Best Practice Recommendations, by module, and 50% upon your acceptance of custom
desktop procedures, by module. If you have purchased any Business Process Consulting
services and they are quoted as an estimate, then we will bill you the actual services
delivered on a time and materials basis. For avoidance of doubt, Client is not purchasing any
Business Processing Consulting services as of the Effective Date.
2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted
Data, by conversion option, and 50% upon Client acceptance to load the converted Data into
Live/Production environment, by conversion option. Where conversions are quoted as
estimated, we will bill you the actual services delivered on a time and materials basis.
2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler
Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the
applicable modification. You must report any failure of the modification to conform to the
specifications within thirty (30) days of delivery; otherwise, the modification will be deemed
to be in compliance with the specifications after the 30-day window has passed. You may
COML Council Packet 6-11-24, Page 551 of 713
Exhibit B
2
still report Defects to us as set forth in this Agreement. For avoidance of doubt, Client is not
requesting any Modifications to the Tyler Software as of the Effective Date.
2.5 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates
set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning
Services” are provided, payment will be due upon delivery of the Implementation Planning
document. Dedicated Project Management services, if any, will be billed monthly in arrears,
beginning on the first day of the month immediately following initiation of project planning.
2.6 Web Services: Annual fees for web services are payable in advance, commencing upon the
availability of the service. Your annual fees for the initial term are set forth in the
Investment Summary. Upon expiration of the initial term, your annual fees will be at our
then-current rates. For avoidance of doubt, Client is not purchasing any Web Services as of
the Effective Date.
2.7 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due
annually, in advance, commencing on the availability of the service. Your annual fees for the
initial term are set forth in the Investment Summary. Upon expiration of the initial term,
your annual fees will be at our then-current rates.
3. Third Party Products and Hardware.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced
when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance fee for the Third Party
Software is invoiced when we make it available to you for downloading. Subsequent annual
maintenance fees for Third Party Software are invoiced annually, in advance, at then-
current rates, upon each anniversary thereof.
3.3 Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Hardware Maintenance: The first year maintenance fee for Hardware is invoiced upon
delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced
annually, in advance, at then-current rates, upon each anniversary thereof.
3.5 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along
with applicable expenses, at the rates set forth in the Investment Summary. For the
avoidance of doubt, Finite Matters will invoice Client directly for any services fees for
Pattern Stream.
3.6 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance,
commencing with availability of the respective Third Party SaaS Services. Pricing for the first
year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for
subsequent years will be at the respective third party’s then-current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction
(call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in the Investment
Summary and may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our
then-current Business Travel Policy. Our current Business Travel Policy is attached to this Exhibit
B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to
charge you an administrative fee depending on the extent of your requests. Receipts for
miscellaneous items less than twenty-five dollars and mileage logs are not available.
COML Council Packet 6-11-24, Page 552 of 713
Exhibit B
3
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We
prefer to receive payments electronically. Our electronic payment information is available by contacting
AR@tylertech.com.
COML Council Packet 6-11-24, Page 553 of 713
Exhibit B
Schedule 1
1
Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight
within two hours before or after the requested departure time, assuming that flight does not add
more than three hours to the employee’s total trip duration and the fare is within $100 (each way)
of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a
connecting flight that is within two hours before or after the requested departure time and that
does not add more than three hours to the employee’s total trip duration, the connecting flight
should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount
opportunities. Employees should use all reasonable efforts to make travel arrangements at least
two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is
mandatory. When booking less than seven (7) days in advance, management approval will be
required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more
consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall
not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have
many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
COML Council Packet 6-11-24, Page 554 of 713
Exhibit B
Schedule 1
2
2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the
current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated
by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience,
and the specific situation reasonably require their use. When renting a car for Tyler business,
employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when
three or more employees are traveling together. Tyler carries leased vehicle coverage for business
car rentals; except for employees traveling to Alaska and internationally (excluding Canada),
additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or other ride share services may be considered when traveling in and around cities or to and
from airports when less expensive means of transportation are unavailable or impractical. The
actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the
airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in
days as opposed to hours. Park and fly options located near some airports may also be used. For
extended trips that would result in excessive parking charges, public transportation to/from the
airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently
located in relation to the traveler's work assignment. Typical hotel chains include Courtyard,
Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local
hotel, the hotel reservation should note that discount and the employee should confirm the lower
rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be
noted in their travel profiles so that the employee can take advantage of any lower club rates.
“No shows” or cancellation fees are not reimbursable if the employee does not comply with the
hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed
separately.
COML Council Packet 6-11-24, Page 555 of 713
Exhibit B
Schedule 1
3
Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO,
and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in
accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel
expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided
separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a
trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch
Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem
as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim
lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the
event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
COML Council Packet 6-11-24, Page 556 of 713
Exhibit B
Schedule 1
4
5. Internet Access – Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high
speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If
an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for
internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be
reserved through TMC using the “lowest practical coach fare” with the exception of flights that are
six (6) or more consecutive hours in length. In such event, the next available seating class above
coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees,
application fees, and execution fees when obtaining a new passport book, but fees related to
passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure
taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the
U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.
COML Council Packet 6-11-24, Page 557 of 713
Exhibit C
1
Exhibit C
SERVICE LEVEL AGREEMENT
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It
outlines the information technology service levels that we will provide to you to ensure the availability of
the application services that you have requested us to provide. All other support services are documented
in the Support Call Process. This SLA does not apply to any Third Party SaaS Services. All other support
services are documented in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the
Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar month,
calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or
the acts or omissions of any of your service users or third-party providers over whom we exercise no
control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch,
login, search or save primary data in the Tyler Software. Downtime does not include those instances in
which only a Defect is present.
Emergency Maintenance Window: (1) maintenance that is required to patch a critical security
vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or
(3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable
of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents,
denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used
in the live production environment.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard
Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined
in the Support Call Process. You will receive a support case number.
b. Our Responsibilities
COML Council Packet 6-11-24, Page 558 of 713
Exhibit C
2
When our support team receives a call from you that Downtime has occurred or is occurring, we will work
with you to identify the cause of the Downtime (including whether it may be the result of Planned
Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you
to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief
Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the
calendar month.
In order to receive relief credits, you must submit a request through one of the channels listed in our
Support Call Process within fifteen (15) days of the end of the applicable month. We will respond to your
relief request within thirty (30) days of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such
credit does not relieve us of our obligations under the Agreement to correct the problem which created
the service interruption.
Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months
and only for such consecutive months.
Client Relief Schedule
Actual Attainment Client Relief
99.99% - 99.70% Remedial action will be taken
99.69% - 98.50% 2% of SaaS Fees paid for applicable month
98.49% - 97.50% 4% of SaaS Fees paid for applicable month
97.49% - 96.50% 6% of SaaS Fees paid for applicable month
96.49% - 95.50% 8% of SaaS Fees paid for applicable month
Below 95.50% 10% of SaaS Fees paid for applicable month
* Notwithstanding language in the Agreement to the contrary, Recovery Point Objective is one (1) hour.
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably
low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will
provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that
activities during a Standard or Emergency Maintenance window may make the Tyler Software
unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be
unavailable during the maintenance window.
COML Council Packet 6-11-24, Page 559 of 713
Exhibit C
Schedule 1
1
Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create
support incidents through the Tyler Customer Portal available at the Tyler Technologies website.
A built-in Answer Panel provides users with resolutions to most “how-to” and configuration-
based questions through a simplified search interface with machine learning, potentially
eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support
group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software
support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support
experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and other
information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources
simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to
collaborate with one another, share best practices and resources, and access documentation.
(4) Tyler University – online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday –
Friday) across four (4) US time zones (Pacific, Mountain, Central and Eastern). Tyler’s holiday schedule is
outlined below. There will be no support coverage on these days.
New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
COML Council Packet 6-11-24, Page 560 of 713
Exhibit C
Schedule 1
2
For support teams that provide after-hours service, we will provide you with procedures for contacting
support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of
such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets
set forth below.
We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of
each month to assist your IT staff with applying patches and release upgrades, as well as consulting with
them on server maintenance and configuration of the Tyler Software environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a
unique case number. This system tracks the history of each incident. The case number is used to track
and reference open issues when clients contact support. Clients may track incidents, using the case
number, through Tyler’s Customer Portal or by calling software support directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client
will reasonably set the priority of the incident per the chart below. This chart is not intended to address
every type of support incident, and certain “characteristics” may or may not apply depending on
whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is
to help guide the Client towards clearly understanding and communicating the importance of the issue
and to describe generally expected response and resolution targets in the production environment only.
References to a “confirmed support incident” mean that Tyler and the Client have successfully validated
the reported Defect/support incident.
Priority
Level Characteristics of Support Incident Response and Resolution Targets*
1
Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of
multiple essential system functions.
Tyler shall provide an initial response to Priority Level
1 incidents within one (1) business hour of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within one (1) business
day. For non-hosted customers, Tyler’s responsibility
for lost or corrupted data is limited to assisting the
Client in restoring its last available database.
COML Council Packet 6-11-24, Page 561 of 713
Exhibit C
Schedule 1
3
Priority
Level Characteristics of Support Incident Response and Resolution Targets*
2
High
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting more
than one user or (b) loss or corruption
of data.
Tyler shall provide an initial response to Priority Level
2 incidents within four (4) business hours of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within ten (10) business
days. For non-hosted customers, Tyler’s
responsibility for loss or corrupted data is limited to
assisting the Client in restoring its last available
database.
3
Medium
Priority Level 1 incident with an
existing circumvention procedure, or
a Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.
Tyler shall provide an initial response to Priority Level
3 incidents within one (1) business day of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack, which shall
occur at least quarterly. For non-hosted customers,
Tyler’s responsibility for lost or corrupted data is
limited to assisting the Client in restoring its last
available database.
4
Non-
critical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority Level
4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
*Response and Resolution Targets may differ by product or business need
Incident Escalation
If Tyler is unable to resolve any Priority Level 1 or 2 Defect as listed above or the priority of an issue has
elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each
product support team. The corresponding resource will meet with you and any Tyler staff to establish a
mutually agreeable plan for addressing the Defect.
Remote Support Tool
Some support calls may require further analysis of the Client’s database, processes or setup to diagnose
a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote
support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and
view the site’s setup, diagnose problems, or assist with screen navigation. More information about the
remote support tool Tyler uses is available upon request.
COML Council Packet 6-11-24, Page 562 of 713
Exhibit D
1
Exhibit D
Third Party Terms
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COML Council Packet 6-11-24, Page 563 of 713
Exhibit D
Schedule 1
1
Exhibit D
Schedule 1
DocOrigin Terms
DocOrigin. Your use of Tyler Forms software and forms is subject to the DocOrigin terms. By signing a
Tyler Agreement or Order Form, or accessing, installing, or using Tyler Forms software or forms, you
agree that you have read, understood, and agree to such terms.
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COML Council Packet 6-11-24, Page 564 of 713
Exhibit D
Schedule 1
2
COML Council Packet 6-11-24, Page 565 of 713
Exhibit D
Schedule 1
3
COML Council Packet 6-11-24, Page 566 of 713
Exhibit D
Schedule 1
4
COML Council Packet 6-11-24, Page 567 of 713
Exhibit D
Schedule 1
5
COML Council Packet 6-11-24, Page 568 of 713
Exhibit D
Schedule 1
6
COML Council Packet 6-11-24, Page 569 of 713
Exhibit D
Schedule 2
1
Exhibit D
Schedule 2
Thin Print Terms
ThinPrint Terms. Your use of Tyler Forms software and forms is subject to the End User License
Agreement terms for ThinPrint Engine, ThinPrint License Server, and Connected Gateway. By signing a
Tyler Agreement or Order Form, or accessing, installing, or using Tyler Forms software or forms, you
agree that you have read, understood, and agree to such terms.
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COML Council Packet 6-11-24, Page 570 of 713
Exhibit D
Schedule 2
1
Terms and Conditions of thinprint.com,
ThinPrint
These Terms govern
the use of thinprint.com, ThinPrint, and,
any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this
document.
The User must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the
involved parties.
Thinprint.com, ThinPrint is provided by:
ThinPrint GmbH
Alt-Moabit 91a
10559 Berlin
Germany
Owner contact email: info@thinprint.com
The following documents are incorporated by reference into these Terms:
End-user license agreement
Eula appendix third party licenses (https://www.thinprint.com/en/legal-
docs/#thirdparty-licenses)
ThinPrint Hub Terms (https://www.thinprint.com/en/legal-docs/#hardware)
Sales Partner Program Terms (https://www.thinprint.com/en/legal-docs/#tespp)
Legal Bases for the Privacy Policy and Subprocessors of ThinPrint GmbH
(https://www.thinprint.com/en/legal-docs/#privacypolicy-exhibit)
Data Processing Addendum of ThinPrint GmbH (https://www.thinprint.com/en/legal-
docs/#dpa)
What the User should know at a glance
The Service/thinprint.com, ThinPrint is only intended for Users that do not qualify as
Consumers, such as Business Users.
The right of withdrawal only applies to European Consumers.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using
thinprint.com, ThinPrint.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are
additionally indicated within this document.
By using thinprint.com, ThinPrint, Users confirm to meet the following requirements:
Users may not qualify as Consumers;
Content on thinprint.com, ThinPrint
Unless where otherwise specified or clearly recognizable, all content available on thinprint.com,
ThinPrint is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on thinprint.com, ThinPrint
infringes no applicable legal provisions or third-party rights. However, it may not always be possible to
achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are
COML Council Packet 6-11-24, Page 571 of 713
Exhibit D
Schedule 2
2
kindly asked to preferably report related complaints using the contact details provided in this
document.
Access to external resources
Through thinprint.com, ThinPrint Users may have access to external resources provided by third
parties. Users acknowledge and accept that the Owner has no control over such resources and is
therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any
possible grant of rights in content, result from each such third parties’ terms and conditions or, in the
absence of those, applicable statutory law.
Acceptable use
Thinprint.com, ThinPrint and the Service may only be used within the scope of what they are provided
for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of thinprint.com, ThinPrint and/or the
Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate
interests including by denying Users access to thinprint.com, ThinPrint or the Service,
terminating contracts, reporting any misconduct performed through thinprint.com, ThinPrint or
the Service to the competent authorities – such as judicial or administrative authorities -
whenever Users engage or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.
“Tell-a-friend”
Thinprint.com, ThinPrint gives Users the opportunity to receive advantages if, as a result of their
recommendation, any new User purchases a Product offered on thinprint.com, ThinPrint.
In order to take advantage of this offer, Users may invite others to purchase the Products on
thinprint.com, ThinPrint by sending them a tell-a-friend code provided by the Owner. Such codes can
only be redeemed once.
If upon purchase of the Products on thinprint.com, ThinPrint any of the persons invited redeems a tell-a-
friend code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an
additional service feature, an upgrade etc.) specified on thinprint.com, ThinPrint.
Tell-a-friend codes may be limited to specific Products among those offered on thinprint.com, ThinPrint.
The Owner reserves the right to end the offer at any time at its own discretion.
While no general limitation applies to the number of persons that can be invited, the amount of
advantage or benefit that each inviting User can receive, may be limited.
Software license
Any intellectual or industrial property rights, and any other exclusive rights on software or technical
applications embedded in or related to thinprint.com, ThinPrint are held by the Owner and/or its
licensors.
Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the
Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license
to use the software and/or any other technical means embedded in the Service within the scope and for
the purposes of thinprint.com, ThinPrint and the Service offered.
This license does not grant Users any rights to access, usage or disclosure of the original source code. All
techniques, algorithms, and procedures contained in the software and any documentation thereto
related is the Owner’s or its licensors’ sole property.
COML Council Packet 6-11-24, Page 572 of 713
Exhibit D
Schedule 2
3
All rights and license grants to Users shall immediately terminate upon any termination or expiration of
the Agreement.
Without prejudice to the above, under this license Users may download, install, use and run the software
on the permitted number of devices which fulfill the technical requirements specified in the relevant
section of thinprint.com, ThinPrint.
The Owner reserves the right to release updates, fixes and further developments of thinprint.com,
ThinPrint and/or its related software and to provide them to Users for free. Users may need to
download and install such updates to continue using thinprint.com, ThinPrint and/or its related
software.
New releases may only be available against payment of a fee.
The User may download, install, use and run the software on unlimited devices.
However, it may not be permitted to run the software on more than one device at a time.
API usage terms
Users may access their data relating to thinprint.com, ThinPrint via the Application Program Interface
(API). Any use of the API, including use of the API through a third-party product/service that accesses
thinprint.com, ThinPrint, is bound by these Terms and, in addition, by the following specific terms:
the User expressly understands and agrees that the Owner bears no responsibility and
shall not be held liable for any damages or losses resulting from the User’s use of the API or
their use of any third-party products/services that access data through the API.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products provided on thinprint.com, ThinPrint, as part of the Service, are provided on the
basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and
in the dedicated sections of thinprint.com, ThinPrint.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of thinprint.com,
ThinPrint and are subject to change without notice.
While Products on thinprint.com, ThinPrint are presented with the greatest accuracy technically
possible, representation on thinprint.com, ThinPrint through any means (including, as the case may be,
graphic material, images, colors, sounds) is for reference only and implies no warranty as to the
characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place
the order by submitting it.
Order submission
When the User submits an order, the following applies:
The submission of an order determines contract conclusion and therefore creates for the
User the obligation to pay the price, taxes and possible further fees and expenses, as
specified on the order page.
COML Council Packet 6-11-24, Page 573 of 713
Exhibit D
Schedule 2
4
In case the purchased Product requires an action from the User, such as the provision of
personal information or data, specifications or special wishes, the order submission creates
an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has
been received.
All notifications related to the described purchasing process shall be sent to the email address provided
by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes
and costs (including, if any, delivery costs) that they will be charged.
Prices on thinprint.com, ThinPrint are displayed:
either exclusive or inclusive of any applicable fees, taxes and costs, depending on the
section the User is browsing.
Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases
related information can be found in the dedicated section of thinprint.com, ThinPrint.
All payments are independently processed through third-party services. Therefore, thinprint.com,
ThinPrint does not collect any payment information – such as credit card details – but only receives a
notification once the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the
Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the
Owner reserves the right to claim any related expenses or damages from the User.
Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered shall not
become the User’s property.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received
by the Owner.
Delivery
Delivery of digital content
Unless otherwise stated, digital content purchased on thinprint.com, ThinPrint is delivered via
download on the device(s) chosen by Users.
Users acknowledge and accept that in order to download and/or use the Product, the intended device(s)
may be required to meet the technical requirements specified on thinprint.com, ThinPrint.
Users acknowledge and accept that the ability to download the purchased Product may be limited in
time and space.
Contract duration
Trial period
Users have the option to test thinprint.com, ThinPrint or selected Products during a limited and non-
renewable trial period, at no cost. Some features or functions of thinprint.com, ThinPrint may not be
available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified on
thinprint.com, ThinPrint.
The trial period shall end automatically and shall not convert into any paid Product unless the User
actively purchases such paid Product.
COML Council Packet 6-11-24, Page 574 of 713
Exhibit D
Schedule 2
5
Subscriptions
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the
type of subscription and termination are outlined below.
Open-ended subscriptions
Paid subscriptions begin on the day the payment is received by the Owner.
In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner.
Failure to do so may cause service interruptions.
Termination of open-ended subscriptions
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous
termination notice to the Owner using the contact details provided in this document, or — if
applicable — by using the corresponding controls inside this Application.
Terminations shall take effect 7 days after the notice of termination has been received by the
Owner.
User rights
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period
specified below (generally 14 days), for any reason and without justification. Users can learn more about
the withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a
statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance
contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their
intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of
this document. Users are, however, free to express their intention to withdraw from the contract by
making an unequivocal statement in any other suitable way. In order to meet the deadline within which
they can exercise such right, Users must send the withdrawal notice before the withdrawal period
expires.
When does the withdrawal period expire?
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made
to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the
least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from
the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless
otherwise agreed with the User, reimbursements will be made using the same means of payment as
used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result
of such reimbursement.
Liability and indemnification
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors,
agents, co-branders, partners and employees harmless from and against any claim or demand —
including but not limited to lawyer's fees and costs — made by any third party due to or in relation with
any culpable use of or connection to the Service, violation of these Terms, infringement of any third-
party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders,
partners and employees to the extent allowed by applicable law.
COML Council Packet 6-11-24, Page 575 of 713
Exhibit D
Schedule 2
6
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability
provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person
acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of
an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the
contract, and/or damages resulting from intent or gross negligence, as long as thinprint.com, ThinPrint
has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or
physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the
moment the contract was entered into.
In particular, within the limits stated above, the Owner shall not be liable for:
any losses that are not the direct consequence of a breach of the Terms by the Owner;
any loss of business opportunities and any other loss, even indirect, that may be incurred
by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or
anticipated savings, loss of contracts or business relationships, loss of reputation or
goodwill, etc.);
damages or losses resulting from interruptions or malfunctions of thinprint.com, ThinPrint
due to acts of force majeure, or unforeseen and unforeseeable events and, in any case,
independent of the will and beyond the control of the Owner, such as, but not limited to,
failures or disruptions of telephone or electrical lines, the Internet and / or other means of
transmission, unavailability of websites, strikes, natural disasters, viruses and cyber
attacks, interruptions in the delivery of products, third-party services or applications;
any damage, prejudice or loss occurring due to viruses or other malware contained in or
connected to files available for download from the internet or via thinprint.com, ThinPrint.
Users are responsible for implementing sufficient security measures – such as anti-viruses
and firewalls to prevent any such infection or attack and for securing backup copies of all
data or information exchanged via or uploaded to thinprint.com, ThinPrint.
Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:
In any event of liability, the compensation may not exceed the total payments that have been, will be or
would be received by the Owner from the User based on the contract over a period of 12 months, or the
period of the duration of the Agreement, if shorter.
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or
remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar
State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable
right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a
non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited,
at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having
the services supplied again.
US Users
Disclaimer of Warranties
Thinprint.com, ThinPrint is provided strictly on an “as is” and “as available” basis. Use of the
Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner
expressly disclaims all conditions, representations, and warranties — whether express, implied,
statutory or otherwise, including, but not limited to, any implied warranty of merchantability,
fitness for a particular purpose, or non-infringement of third-party rights. No advice or
information, whether oral or written, obtained by user from owner or through the Service will
create any warranty not expressly stated herein.
COML Council Packet 6-11-24, Page 576 of 713
Exhibit D
Schedule 2
7
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers,
directors, agents, co-branders, partners, suppliers and employees do not warrant that the
content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the
Service will be available at any particular time or location, uninterrupted or secure; that any
defects or errors will be corrected; or that the Service is free of viruses or other harmful
components. Any content downloaded or otherwise obtained through the use of the Service is
downloaded at users own risk and users shall be solely responsible for any damage to Users’
computer system or mobile device or loss of data that results from such download or Users’ use
of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or
service advertised or offered by a third party through the Service or any hyperlinked website or
service, and the Owner shall not be a party to or in any way monitor any transaction between
Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser,
mobile device, and/or operating system. The owner cannot be held liable for any perceived or
actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of
certain implied warranties. The above exclusions may not apply to Users. This Agreement gives
Users specific legal rights, and Users may also have other rights which vary from state to state.
The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by
applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its
subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and
employees be liable for
any indirect, punitive, incidental, special, consequential or exemplary damages,
including without limitation damages for loss of profits, goodwill, use, data or other
intangible losses, arising out of or relating to the use of, or inability to use, the
Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized
access or use of the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User
access to or use of the Service;
any unauthorized access to or use of the Owner’s secure servers and/or any and all
personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the
Service;
any errors or omissions in any content or for any loss or damage incurred as a result
of the use of any content posted, emailed, transmitted, or otherwise made available
through the Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party. In no event
shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-
branders, partners, suppliers and employees be liable for any claims, proceedings,
liabilities, obligations, damages, losses or costs in an amount exceeding the amount
paid by User to the Owner hereunder in the preceding 12 months, or the period of
duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the
applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict
liability, or any other basis, even if company has been advised of the possibility of such damage.
COML Council Packet 6-11-24, Page 577 of 713
Exhibit D
Schedule 2
8
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, therefore the above limitations or exclusions may not apply to User. The terms give
User specific legal rights, and User may also have other rights which vary from jurisdiction to
jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not
apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers,
directors, agents, co-branders, partners, suppliers and employees harmless from and against any
and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses,
including, but not limited to, legal fees and expenses, arising from
User’s use of and access to the Service, including any data or content transmitted or
received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of
the representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of
privacy or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with
User’s unique username, password or other security measure, if applicable,
including, but not limited to, misleading, false, or inaccurate information;
User’s wilful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders,
partners, suppliers and employees to the extent allowed by applicable law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of
any such right or provision. No waiver shall be considered a further or continuing waiver of such term
or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for
maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If
the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal
Data or information and will respect Users' rights relating to continued product use and/or
compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control,
such as “force majeure” events( infrastructural breakdowns or blackouts etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of thinprint.com, ThinPrint
and of its Service without the Owner’s express prior written permission, granted either directly or
through a legitimate reselling programme.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of
thinprint.com, ThinPrint.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such
as copyrights, trademark rights, patent rights and design rights related to thinprint.com, ThinPrint are
COML Council Packet 6-11-24, Page 578 of 713
Exhibit D
Schedule 2
9
the exclusive property of the Owner or its licensors and are subject to the protection granted by
applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks,
illustrations, images, or logos appearing in connection with thinprint.com, ThinPrint are, and remain, the
exclusive property of the Owner or its licensors and are subject to the protection granted by applicable
laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the
Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users
onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not
wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can
obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights
or obligations under these Terms, taking the User’s legitimate interests into account. Provisions
regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the
written permission of the Owner.
Contacts
All communications relating to the use of thinprint.com, ThinPrint must be sent using the contact
information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable
law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining
provisions, which shall remain in full force and effect.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent
reasonably required to render it valid, enforceable and consistent with its original intent. These Terms
constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof,
and supersede all other communications, including but not limited to all prior agreements, between the
parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted
by law.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do
their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby
substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the
applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular
provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are
essential to the Agreement, or of such importance that the parties would not have entered into the
contract if they had known that the provision would not be valid, or in cases where the remaining
provisions would translate into an unacceptable hardship on any of the parties.
COML Council Packet 6-11-24, Page 579 of 713
Exhibit D
Schedule 2
10
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant
section of this document, without regard to conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the law of the country that the User is located in provides for a
higher applicable consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies
with the courts of the place where the Owner is based, as displayed in the relevant section of this
document.
Exception for Consumers in Europe
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in
the United Kingdom, Switzerland, Norway or Iceland.
US Users
Surviving provisions
This Agreement shall continue in effect until it is terminated by either thinprint.com, ThinPrint or the
User. Upon termination, the provisions contained in these Terms that by their context are intended to
survive termination or expiration will survive, including but not limited to the following:
the User’s grant of licenses under these Terms shall survive indefinitely;
the User’s indemnification obligations shall survive for a period of five years from the date
of termination;
the disclaimer of warranties and representations, and the stipulations under the section
containing indemnity and limitation of liability provisions, shall survive indefinitely.
Definitions and legal references
Latest update: June 14, 2023
iubenda hosts this content and only collects the Personal Data strictly necessary for it to be provided.
Terms and Conditions generated with
Generate yours
COML Council Packet 6-11-24, Page 580 of 713
Exhibit D
Schedule 3
1
Exhibit D
Schedule 3
Twilio Terms
Twilio Acceptable Use Policy. Your use of the Tyler solutions listed below includes functionality provided
by a Third Party Developer, Twilio. Your rights, and the rights of any of your end users, to use said
functionality are subject to the terms of the Twilio Acceptable Use Policy. By signing a Tyler Agreement
or Order Form, or accessing, installing, or using any such Tyler solution, you certify that you have
reviewed, understand and agree to said terms. Tyler hereby disclaims any and all liability related to your
or your end user’s failure to abide by the terms of the Twilio Acceptable Use Policy. Any liability for
failure to abide by said terms shall rest solely with the person or entity whose conduct violated said
terms.
Electronic Warrants
Online Dispute Resolution
Enterprise Justice Notifications Add On (text notifications)
Absence & Substitute
Notify
Enterprise Jury Manager
Enterprise Supervision
Virtual Court
COML Council Packet 6-11-24, Page 581 of 713
https://www.twilio.com/en-us/legal/aup 1/3
Exhibit D
Schedule 3
@)twilio
Print this page
Customer and Partner Agreements V
Privacy V
Mobile Application Terms V
Supplier Agreements V
Intellectual Property V
Resources for Law Enforcement V
Civil Requests V
Code of Conduct & Ethics Hotline V
Digital Promotions General Rules V
Customer Research and User Experience V
Legal Notices for Twilio's Web Site V
Italy ALIAS Database Code of Conduct V
Acceptable Use Policy
Last Updated: February 14, 2023
This Acceptable Use Policy ("AUP') describes rules that apply to any party ("yot/', "your', "yours",
or "Customer') using any products and services provided by Twilio Inc. or any of its affiliates
("Services") and any user of the Services, including via any products and services provided by
Customer (" End User'). Twilio Inc. together with its affiliates will be referred to as "Twilio" in this
AUP. The prohibited conduct in this AUP is not exhaustive. Customer is responsible for its End Users'
compliance with this AUP. If Customer or any End User violates this AUP, Twilio may suspend
Customer's use of the Services. This AUP may be updated by Twilio from time to time upon
reasonable notice, which may be provided via Customer's account, e-mail, or by posting an updated
version of this AUP at https://www.twilio.com/legal/aup.
COML Council Packet 6-11-24, Page 582 of 713
https://www.twilio.com/en-us/legal/aup 2/3
Exhibit D
Schedule 3
No Inappropriate Content or Users. Do not use the Services to transmit or store any content or @twilit,ns (commercial or otherwise) that is illegal, harmful, unwanted, inappropriate, or
o ectionable, including, but not limited to, content or communications which Twilio determines (a)
is false or inaccurate; (b) is hateful or encourages hatred or violence against individuals or groups; or
(c) could endanger public safety. This prohibition includes use of the Services by a hate group.
Customer and its End Users are also prohibited from using the Services to promote, or enable the
transmission of or access to, any prohibited content or communications described in this
paragraph.
Prohibited Activities. Do not use the Services to engage in or encourage any activity that is illegal,
deceptive, harmful, a violation of others' rights, or harmful to Twilio's business operations or
reputation, including:
• Violations of Laws or Standards. Violating laws, regulations, governmental orders, industry
standards, or telecommunications providers' requirements or guidance in any applicable
jurisdiction, including any of the foregoing that require (a) consent be obtained prior to transmitting,
recording, collecting, or monitoring data or communications or (b) compliance with opt-out
requests for any data or communications.
• Interference with the Services. Interfering with or otherwise negatively impacting any aspect of
the Services or any third-party networks that are linked to the Services.
• Reverse Engineering. Reverse engineering, copying, disassembling, or decompiling the
Services.
• Falsification of Identity or Origin. Creating a false identity or any attempt to mislead others as
to the identity of the sender or the origin of any data or communications.
No Service Integrity Violations. Do not violate the integrity of the Services, including:
• Bypassing Service Limitations. Attempting to bypass, exploit, defeat, or disable limitations or
restrictions placed on the Services.
• Security Vulnerabilities. Finding security vulnerabilities to exploit the Services or attempting to
bypass any security mechanism or filtering capabilities.
• Disabling the Services. Any denial of service (DoS) attack on the Services or any other conduct that
attempts to disrupt, disable, or overload the Services.
• Harmful Code or Bots. Transmitting code, files, scripts, agents, or programs intended to do harm,
including viruses or malware, or using automated means, such as bots, to gain access to or use
the Services.
COML Council Packet 6-11-24, Page 583 of 713
https://www.twilio.com/en-us/legal/aup 3/3
Exhibit D
Schedule 3
• Unauthorized Access. Attempting to gain unauthorized access to the Service
COML Council Packet 6-11-24, Page 584 of 713
https://www.twilio.com/en-us/legal/aup 1/3
Exhibit D
Schedule 3
Data Safeguards. Customer is responsible for determining whether the Services offer
appropriate
@twili& Customer's use of the Services, including, but not limited to, any
safeguards required
applicable law or regulation, prior to transmitting or processing, or prior to permitting
End Users to transmit or process, any data or communications via the Services.
Service and Country Specific Requirements. Additional requirements for specific (a)
Services, including any country specific requirements, and (b) products and services that are
purchased from Twilio, but provided, or otherwise made available, by a third party
are, in either case, set forth at https://www.twilio.com/legal/service-country-specific-terms
and apply solely to the extent Customer uses those specific (i) Services or (ii) third-
party products and services.
Violations of this AUP, including any prohibited content or communications, may
be reported to https://www.twilio.com/help/abuse. Customer agrees to immediately
report any violation of this AUP to Twilio and provide cooperation, as requested by
Twilio, to investigate and/or remedy that violation.
COML Council Packet 6-11-24, Page 585 of 713
Exhibit E
Exhibit E
Statement of Work
Statement of Work to be inserted prior to Agreement execution.
REMAINDER OF PAGE INTENTINALLY BLANK
COML Council Packet 6-11-24, Page 586 of 713
City of Moses Lake, WA
Statement of Work from Tyler Technologies, Inc.
11/7/2023
Presented to:
Madeline Prentice
City of Moses Lake
PO Box 1579
Moses Lake, WA 98837-0244
Contact:
Tammy Little
Email: Tammy.Little@TylerTech.com
1 Tyler Drive Yarmouth, Maine 04096
Exhibit E
COML Council Packet 6-11-24, Page 587 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | i
Table of Contents
PART 1: EXECUTIVE SUMMARY ............................................................................................................... 1
Project Overview ............................................................................................................................. 1
Introduction ........................................................................................................................................ 1
Project Goals ....................................................................................................................................... 1
Methodology ....................................................................................................................................... 1
PART 2: PROJECT FOUNDATION ............................................................................................................. 3
Project Governance ......................................................................................................................... 3
Project Scope Control ...................................................................................................................... 4
Managing Scope and Project Change ................................................................................................. 4
Change Control ................................................................................................................................... 4
Change Request Management ............................................................................................................ 4
Acceptance Process ......................................................................................................................... 6
Roles and Responsibilities ................................................................................................................ 6
Tyler Roles & Responsibilities ............................................................................................................. 6
Tyler Executive Manager ............................................................................................................. 7
Tyler Implementation Manager .................................................................................................. 7
Tyler Project Manager ................................................................................................................. 7
Tyler Implementation Consultant ............................................................................................... 8
Tyler Sales ................................................................................................................................... 8
Tyler Technical Services .............................................................................................................. 8
City of Moses Lake Roles & Responsibilities ....................................................................................... 9
City of Moses Lake Executive Sponsor ........................................................................................ 9
City of Moses Lake Steering Committee ..................................................................................... 9
City of Moses Lake Project Manager ........................................................................................ 10
City of Moses Lake Functional Leads ........................................................................................ 11
City of Moses Lake Power Users ............................................................................................... 12
City of Moses Lake End Users ................................................................................................... 12
City of Moses Lake Technical Lead ............................................................................................ 12
City of Moses Lake Change Management Lead ........................................................................ 13
PART 3: PROJECT PLAN ........................................................................................................................... 14
Project Stages ................................................................................................................................. 14
Initiate and Plan ................................................................................................................................ 15
Initial Coordination ................................................................................................................... 15
Project/Phase Planning ............................................................................................................. 16
Infrastructure Planning ............................................................................................................. 17
Exhibit E
COML Council Packet 6-11-24, Page 588 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | ii
Stakeholder Meeting ................................................................................................................. 18
GIS Preparation ......................................................................................................................... 19
Control Point 1: Initiate & Plan Stage Acceptance .................................................................... 20
Assess & Define ................................................................................................................................. 21
Solution Orientation.................................................................................................................. 21
Current & Future State Analysis ................................................................................................ 21
Conversion Assessment ............................................................................................................ 23
Intentionally left blank. ............................................................................................................. 24
Intentionally left blank. ............................................................................................................. 24
Control Point 2: Assess & Define Stage Acceptance ................................................................. 24
Prepare Solution ............................................................................................................................... 24
Initial System Deployment ........................................................................................................ 24
Configuration ............................................................................................................................ 25
Process Refinement .................................................................................................................. 27
Conversion Delivery .................................................................................................................. 28
Intentionally left blank. ............................................................................................................. 30
Intentionally left blank. ............................................................................................................. 30
Control Point 3: Prepare Solution Stage Acceptance ................................................................ 30
Production Readiness ....................................................................................................................... 30
Solution Validation .................................................................................................................... 30
Go-Live Readiness ..................................................................................................................... 31
End User Training ...................................................................................................................... 32
Control Point 4: Production Readiness Stage Acceptance ........................................................ 33
Production ......................................................................................................................................... 34
Go-Live ...................................................................................................................................... 34
Transition to Client Services ...................................................................................................... 35
Post Go-Live Activities ............................................................................................................... 36
Control Point 5: Production Stage Acceptance ......................................................................... 37
Close .................................................................................................................................................. 37
Phase Closeout .......................................................................................................................... 38
Project Closeout ........................................................................................................................ 39
Control Point 6: Close Stage Acceptance .................................................................................. 40
General Assumptions ...................................................................................................................... 40
Project ............................................................................................................................................... 40
Organizational Change Management ............................................................................................... 40
Resources and Scheduling ................................................................................................................ 41
Data ................................................................................................................................................... 41
Facilities............................................................................................................................................. 42
Glossary ......................................................................................................................................... 43
PART 4: APPENDICES ............................................................................................................................... 46
Conversion ..................................................................................................................................... 46
Enterprise ERP Conversion Summary ............................................................................................... 46
Exhibit E
COML Council Packet 6-11-24, Page 589 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | iii
Accounting ................................................................................................................................ 46
Accounts Payable ...................................................................................................................... 46
Contracts ................................................................................................................................... 46
Project Accounting .................................................................................................................... 47
Human Resources Management ............................................................................................... 47
General Billing ........................................................................................................................... 48
Utility Billing .............................................................................................................................. 48
Additional Appendices ................................................................................................................ 50
Tyler and Client Work Split Assumptions .......................................................................................... 50
Increased Work Split Hours ....................................................................................................... 50
Project Timeline .......................................................................................................................... 51
ERP Project Timeline ......................................................................................................................... 53
Exhibit E
COML Council Packet 6-11-24, Page 590 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 1
Part 1: Executive Summary
Project Overview
Introduction
Tyler Technologies (“Tyler”) is the largest and most established provider of integrated software and
technology services focused solely on the public sector. Tyler’s end-to-end solutions empower public sector
entities including local, state, provincial and federal government, to operate more efficiently and connect
more transparently with their constituents and with each other. By connecting data and processes across
disparate systems, Tyler’s solutions transform how clients gain actionable insights that solve problems in their
communities.
Project Goals
This Statement of Work (“SOW”) documents the methodology, implementation stages, activities, and roles
and responsibilities, and project scope listed in the Investment Summary of the Agreement between Tyler
and the City of Moses Lake (collectively the “Project”).
The overall goals of the project are to:
Successfully implement the contracted scope on time and on budget
Increase operational efficiencies and empower users to be more productive
Improve accessibility and responsiveness to external and internal customer needs
Overcome current challenges and meet future goals
Providing a single, comprehensive, and integrated solution to manage business functions
Streamline business processes through automation, integration, and workflows
Provide a user-friendly user interface to promote system use and productivity
Eliminate redundant data entry
Methodology
This is accomplished by the City of Moses Lake and Tyler working as a partnership and Tyler utilizing its depth
of implementation experience. While each Project is unique, all will follow Tyler’s six-stage methodology.
Each of the six stages is comprised of multiple work packages, and each work package includes a narrative
description, objectives, tasks, inputs, outputs/deliverables, assumptions, and a responsibility matrix.
Tailored specifically for Tyler’s public sector clients, the project methodology contains Stage Acceptance
Control Points throughout each Phase to ensure adherence to scope, budget, timeline controls, effective
communications, and quality standards. Clearly defined, the project methodology repeats consistently across
Phases, and is scaled to meet the City of Moses Lake’s complexity and organizational needs.
Exhibit E
COML Council Packet 6-11-24, Page 591 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 2
The methodology adapts to both single-phase and multiple-phase projects.
To achieve Project success, it is imperative that both the City of Moses Lake and Tyler commit to including the
necessary leadership and governance. During each stage of the Project, it is expected that the City of Moses
Lake and Tyler Project teams work collaboratively to complete tasks. An underlying principle of Tyler’s
Implementation process is to employ an iterative model where the City of Moses Lake’s business processes
are assessed, configured, validated, and refined cyclically in line with the project budget. This approach is
used in multiple stages and work packages as illustrated in the graphic below.
The delivery approach is systematic, which reduces variability and mitigates risks to ensure Project success. As
illustrated, some stages, along with work packages and tasks, are intended to be overlapping by nature to
complete the Project efficiently and effectively.
Exhibit E
COML Council Packet 6-11-24, Page 592 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 3
Part 2: Project Foundation
Project Governance
Project governance is the management framework within which Project decisions are made. The role of
Project governance is to provide a decision-making approach that is logical, robust, and repeatable. This
allows organizations to have a structured approach for conducting its daily business in addition to project
related activities.
This section outlines the resources required to meet the business needs, objectives, and priorities for the
Project, communicate the goals to other Project participants, and provide support and guidance to
accomplish these goals. Project governance defines the structure for escalation of issues and risks, Change
Control review and authority, and Organizational Change Management activities. Throughout the Statement
of Work Tyler has provided RACI Matrices for activities to be completed throughout the implementation
which will further outline responsibilities of different roles in each stage. Further refinement of the
governance structure, related processes, and specific roles and responsibilities occurs during the Initiate &
Plan Stage.
The chart below illustrates an overall team perspective where Tyler and the City of Moses Lake collaborate to
resolve Project challenges according to defined escalation paths. If project managers do not possess authority
to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the City
of Moses Lake Steering Committee become the escalation points to triage responses prior to escalation to the
City of Moses Lake and Tyler executive sponsors. As part of the escalation process, each Project governance
tier presents recommendations and supporting information to facilitate knowledge transfer and issue
resolution. The City of Moses Lake and Tyler executive sponsors serve as the final escalation point.
Exhibit E
COML Council Packet 6-11-24, Page 593 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 4
Project Scope Control
Managing Scope and Project Change
Project Management governance principles contend that there are three connected constraints on a Project:
budget, timeline, and scope. These constraints, known as the “triple constraints” or project management
triangle, define budget in terms of financial cost, labor costs, and other resource costs. Scope is defined as the
work performed to deliver a product, service or result with the specified features and functions, while time is
simply defined as the schedule. The Triple Constraint theory states that if you change one side of the triangle,
the other two sides must be correspondingly adjusted. For example, if the scope of the Project is increased,
cost and time to complete will also need to increase. The Project and executive teams will need to remain
cognizant of these constraints when making impactful decisions to the Project. A simple illustration of this
triangle is included here, showing the connection of each item and their relational impact to the overall
Scope.
A pillar of any successful project is the ability to properly manage scope while allowing the appropriate level
of flexibility to incorporate approved changes. Scope and changes within the project will be managed using
the change control process outlined in the following section.
Change Control
It may become necessary to change the scope of this Project due to unforeseeable circumstances (e.g., new
constraints or opportunities are discovered). This Project is being undertaken with the understanding that
Project scope, schedule, and/or cost may need to change to produce optimal results for stakeholders.
Changes to contractual requirements will follow the change control process specified in the final contract,
and as described below.
Change Request Management
Should the need for a change to Project scope, schedule, and/or cost be identified during the Project, the
change will be brought to the attention of the Steering Committee and an assessment of the change will
occur. While such changes may result in additional costs and delays relative to the schedule, some changes
may result in less cost to the City of Moses Lake; for example, the City of Moses Lake may decide it no longer
Exhibit E
COML Council Packet 6-11-24, Page 594 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 5
needs a deliverable originally defined in the Project. The Change Request will include the following
information:
The nature of the change.
A good faith estimate of the additional cost or associated savings to the City of Moses Lake, if any.
The timetable for implementing the change.
The effect on and/or risk to the schedule, resource needs or resource responsibilities.
The City of Moses Lake will use its good faith efforts to either approve or disapprove any Change Request
within ten (10) Business Days (or other period as mutually agreeable between Tyler and the City of Moses
Lake). Any changes to the Project scope, budget, or timeline must be documented and approved in writing
using a Change Request form. These changes constitute a formal amendment to the Statement of Work and
will supersede any conflicting term in the Statement of Work.
Exhibit E
COML Council Packet 6-11-24, Page 595 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 6
Acceptance Process
The implementation of a Project involves many decisions to be made throughout its lifecycle. Decisions will
vary from higher level strategy decisions to smaller, detailed Project level decisions. It is critical to the success
of the Project that each City of Moses Lake office or department designates specific individuals for making
decisions on behalf of their offices or departments.
Both Tyler and the City of Moses Lake will identify representative project managers. These individuals will
represent the interests of all stakeholders and serve as the primary contacts between the two organizations.
The coordination of gaining City of Moses Lake feedback and approval on Project deliverables will be critical
to the success of the Project. The City of Moses Lake project manager will strive to gain deliverable and
decision approvals from all authorized City of Moses Lake representatives. Given that the designated
decision-maker for each department may not always be available, there must be a designated proxy for each
decision point in the Project. Assignment of each proxy will be the responsibility of the leadership from each
City of Moses Lake department. The proxies will be named individuals that have the authorization to make
decisions on behalf of their department.
The following process will be used for accepting Deliverables and Control Points:
The City of Moses Lake shall have ten (10) business days from the date of delivery, or as otherwise
mutually agreed upon by the parties in writing, to accept each Deliverable or Control Point. If the City
of Moses Lake does not provide acceptance or acknowledgement within ten (10) business days, or
the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable
or Control Point as accepted.
If the City of Moses Lake does not agree the Deliverable or Control Point meets requirements, the
City of Moses Lake shall notify Tyler project manager(s), in writing, with reasoning within ten (10)
business days, or the otherwise agreed-upon timeframe, not to be unreasonably withheld, of receipt
of the Deliverable.
Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The City of Moses
Lake shall then have five (5) business days from receipt of the redelivered Deliverable or Control Point
to accept or again submit written notification of reasons for rejecting the milestone. If the City of
Moses Lake does not provide acceptance within five (5) business days, or the otherwise agreed upon
timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as
accepted.
Roles and Responsibilities
The following defines the roles and responsibilities of each Project resource for the City of Moses Lake and
Tyler. Roles and responsibilities may not follow the organizational chart or position descriptions at the City of
Moses Lake, but are roles defined within the Project. It is common for individual resources on both the Tyler
and City of Moses Lake project teams to fill multiple roles. Similarly, it is common for some roles to be filled
by multiple people.
Tyler Roles & Responsibilities
Tyler assigns a project manager prior to the start of each Phase of the Project (some Projects may only be one
Phase in duration). Additional Tyler resources are assigned as the schedule develops and as needs arise.
Exhibit E
COML Council Packet 6-11-24, Page 596 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 7
Tyler Executive Manager
Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation
process. This team member offers additional support to the Project team and collaborates with other Tyler
department managers as needed to escalate and facilitate implementation Project tasks and decisions.
Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying
the City of Moses Lake’s overall organizational strategy.
Authorizes required Project resources.
Resolves all decisions and/or issues not resolved at the implementation management level as part of
the escalation process.
Acts as the counterpart to the City of Moses Lake’s executive sponsor.
Tyler Implementation Manager
Tyler implementation management has indirect involvement with the Project and is part of the Tyler
escalation process. The Tyler project managers consult implementation management on issues and
outstanding decisions critical to the Project. Implementation management works toward a solution
with the Tyler Project Manager or with City of Moses Lake management as appropriate. Tyler
executive management is the escalation point for any issues not resolved at this level.
Assigns Tyler Project personnel.
Provides support for the Project team.
Provides management support for the Project to ensure it is staffed appropriately and staff have
necessary resources.
Monitors Project progress including progress towards agreed upon goals and objectives.
Tyler Project Manager
The Tyler project manager(s) provides oversight of the Project, coordination of Tyler resources
between departments, management of the Project budget and schedule, effective risk, and issue
management, and is the primary point of contact for all Project related items. As requested by the
City of Moses Lake, the Tyler Project Manager provides regular updates to the City of Moses Lake
Steering Committee and other Tyler governance members. Tyler Project Manager’s role includes
responsibilities in the following areas:
Contract Management
Validates contract compliance throughout the Project.
Ensures Deliverables meet contract requirements.
Acts as primary point of contact for all contract and invoicing questions.
Prepares and presents contract milestone sign-offs for acceptance by the City of Moses Lake project
manager(s).
Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance.
Planning
Delivers project planning documents.
Defines Project tasks and resource requirements.
Develops initial Project schedule and Project Management Plan.
Exhibit E
COML Council Packet 6-11-24, Page 597 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 8
Collaborates with the City of Moses Lake project manager(s) to plan and schedule Project timelines to
achieve on-time implementation.
Implementation Management
Tightly manages Scope and budget of Project to ensure Scope changes and budget planned versus
actual are transparent and handled effectively and efficiently.
Establishes and manages a schedule and Tyler resources that properly support the Project Schedule
and are also in balance with Scope/budget.
Establishes risk/issue tracking/reporting process between the City of Moses Lake and Tyler and takes
all necessary steps to proactively mitigate these items or communicate with transparency to the City
of Moses Lake any items that may impact the outcomes of the Project.
Collaborates with the City of Moses Lake’s project manager(s) to establish key business drivers and
success indicators that will help to govern Project activities and key decisions to ensure a quality
outcome of the project.
Collaborates with the City of Moses Lake’s project manager(s) to set a routine communication plan
that will aide all Project team members, of both the City of Moses Lake and Tyler, in understanding
the goals, objectives, status, and health of the Project.
Resource Management
Acts as liaison between Project team and Tyler manager(s).
Identifies and coordinates all Tyler resources across all applications, Phases, and activities including
development, forms, installation, reports, implementation, and billing.
Provides direction and support to Project team.
Manages the appropriate assignment and timely completion of tasks as defined in the Project
Schedule, task list, and Go-Live Checklist.
Assesses team performance and adjusts as necessary.
Consulted on in Scope 3rd party providers to align activities with ongoing Project tasks.
Tyler Implementation Consultant
Completes tasks as assigned by the Tyler project manager(s).
Documents activities for services performed by Tyler.
Guides the City of Moses Lake through software validation process following configuration.
Assists during Go-Live process and provides support until the City of Moses Lake transitions to Client
Services.
Facilitates training sessions and discussions with the City of Moses Lake and Tyler staff to ensure
adequate discussion of the appropriate agenda topics during the allotted time.
May provide conversion review and error resolution assistance.
Tyler Sales
Supports Sales to Implementation knowledge transfer during Initiate & Plan.
Provides historical information, as needed, throughout implementation.
Participates in pricing activities if additional licensing and/or services are needed.
Tyler Technical Services
Maintains Tyler infrastructure requirements and design document(s).
Involved in system infrastructure planning/review(s).
Exhibit E
COML Council Packet 6-11-24, Page 598 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 9
Provides first installation of licensed software with initial database on servers.
Supports and assists the project team with technical/environmental issues/needs.
Deploys Tyler products.
Provides technical training following deployment.
Conducts GIS Planning.
Reviews GIS data and provides feedback to the City of Moses Lake.
Loads City of Moses Lake provided GIS data into the system.
City of Moses Lake Roles & Responsibilities
City of Moses Lake resources will be assigned prior to the start of each Phase of the Project. One person may
be assigned to multiple Project roles.
City of Moses Lake Executive Sponsor
The City of Moses Lake executive sponsor provides support to the Project by providing strategic direction and
communicating key issues about the Project and its overall importance to the organization. When called
upon, the executive sponsor also acts as the final authority on all escalated Project issues. The executive
sponsor engages in the Project, as needed, to provide necessary support, oversight, guidance, and escalation,
but does not participate in day-to-day Project activities. The executive sponsor empowers the City of Moses
Lake steering committee, project manager(s), and functional leads to make critical business decisions for the
City of Moses Lake.
Champions the project at the executive level to secure buy-in.
Authorizes required project resources.
Actively participates in organizational change communications.
City of Moses Lake Steering Committee
The City of Moses Lake steering committee understands and supports the cultural change necessary for the
Project and fosters an appreciation for the Project’s value throughout the organization. The steering
committee oversees the City of Moses Lake project manager and Project through participation in regular
internal meetings. The City of Moses Lake steering committee remains updated on all Project progress,
Project decisions, and achievement of Project milestones. The City of Moses Lake steering committee also
serves as primary level of issue resolution for the Project.
Works to resolve all decisions and/or issues not resolved at the project manager level as part of the
escalation process.
Attends all scheduled steering committee meetings.
Provides support for the project team.
Assists with communicating key project messages throughout the organization.
Prioritizes the project within the organization.
Ensures the project staffed appropriately and that staff have necessary resources.
Monitors project progress including progress towards agreed upon goals and objectives.
Has the authority to approve or deny changes impacting the following areas:
o Cost
o Scope
o Schedule
o Project Goals
o City of Moses Lake Policies
Exhibit E
COML Council Packet 6-11-24, Page 599 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 10
o Needs of other client projects
City of Moses Lake Project Manager
The City of Moses Lake shall assign project manager(s) prior to the start of this project with overall
responsibility and authority to make decisions related to Project Scope, scheduling, and task assignment. The
City of Moses Lake Project Manager should communicate decisions and commitments to the Tyler project
manager(s) in a timely and efficient manner. When the City of Moses Lake project manager(s) do not have the
knowledge or authority to make decisions, he or she engages the necessary resources to participate in
discussions and make decisions in a timely fashion to avoid Project delays. The City of Moses Lake project
manager(s) are responsible for reporting to the City of Moses Lake steering committee and determining
appropriate escalation points.
Contract Management
Validates contract compliance throughout the project.
Ensures that invoicing and Deliverables meet contract requirements.
Acts as primary point of contact for all contract and invoicing questions. Collaborates on and
approves Change Requests, if needed, to ensure proper scope and budgetary compliance.
Planning
Reviews and accepts project planning documents.
Defines project tasks and resource requirements for the City of Moses Lake project team.
Collaborates in the development and approval of the project schedule.
Collaborates with Tyler project manager(s) to plan and schedule project timelines to achieve on-time
implementation.
Implementation Management
Coordinates with Tyler Project Manager to tightly manage project budget and scope.
Collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure that
scope changes and budget (planned versus actual) are transparent and handled effectively and
efficiently.
Collaborates with Tyler project manager to establish and manage a schedule and resource plan that
properly supports the project schedule as a whole and is also in balance with scope and budget.
Collaborates with Tyler project manager(s) to establish risk and issue tracking and reporting process
between the City of Moses Lake and Tyler and takes all necessary steps to proactively mitigate these
items or communicate with transparency to Tyler any items that may impact the outcomes of the
project.
Collaborates with Tyler project manager(s) to establish key business drivers and success indicators
that will help to govern project activities and key decisions to ensure a quality outcome of the project.
Routinely communicates with both the City of Moses Lake staff and Tyler, aiding in the understanding
of goals, objectives, current status, and health of the project by all team members.
Manages the requirements gathering process and ensure timely and quality business requirements
are being provided to Tyler.
Resource Management
Acts as liaison between project team and stakeholders.
Exhibit E
COML Council Packet 6-11-24, Page 600 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 11
Identifies and coordinates all City of Moses Lake resources across all modules, phases, and activities
including data conversions, forms design, hardware and software installation, reports building, and
satisfying invoices.
Provides direction and support to project team.
Builds partnerships among the various stakeholders, negotiating authority to move the project
forward.
Manages the appropriate assignment and timely completion of tasks as defined.
Assesses team performance and takes corrective action, if needed.
Provides guidance to City of Moses Lake technical teams to ensure appropriate response and
collaboration with Tyler Technical Support Teams to ensure timely response and appropriate
resolution.
Owns the relationship with in-Scope 3rd party providers and aligns activities with ongoing project
tasks.
Ensures that users have appropriate access to Tyler project toolsets as required.
Conducts training on proper use of toolsets.
Validates completion of required assignments using toolsets.
City of Moses Lake Functional Leads
Makes business process change decisions under time sensitive conditions.
Communicates existing business processes and procedures to Tyler consultants.
Assists in identifying business process changes that may require escalation.
Contributes business process expertise for Current & Future State Analysis.
Identifies and includes additional subject matter experts to participate in Current & Future State
Analysis.
Validates that necessary skills have been retained by end users.
Provides End Users with dedicated time to complete required homework tasks.
Acts as an ambassador/champion of change for the new process and provide business process
change support.
Identifies and communicates any additional training needs or scheduling conflicts to the City of
Moses Lake project manager.
Actively participates in all aspects of the implementation, including, but not limited to, the following
key activities:
o Task completion
o Stakeholder Meeting
o Project Management Plan development
o Schedule development
o Maintenance and monitoring of risk register
o Escalation of issues
o Communication with Tyler project team
o Coordination of City of Moses Lake resources
o Attendance at scheduled sessions
o Change management activities
o Modification specification, demonstrations, testing and approval assistance
o Data analysis assistance
o Decentralized end user training
o Process testing
o Solution Validation
Exhibit E
COML Council Packet 6-11-24, Page 601 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 12
City of Moses Lake Power Users
Participate in project activities as required by the project team and project manager(s).
Provide subject matter expertise on the City of Moses Lake business processes and requirements.
Act as subject matter experts and attend Current & Future State Analysis sessions as needed.
Attend all scheduled training sessions.
Participate in all required post-training processes as needed throughout project.
Test all application configuration to ensure it satisfies business process requirements.
Become application experts.
Participate in Solution Validation.
Adopt and support changed procedures.
Complete all deliverables by the due dates defined in the project schedule.
Demonstrate competency with Tyler products processing prior to Go-live.
Provide knowledge transfer to the City of Moses Lake staff during and after implementation.
Participate in conversion review and validation.
City of Moses Lake End Users
Attend all scheduled training sessions.
Become proficient in application functions related to job duties.
Adopt and utilize changed procedures.
Complete all deliverables by the due dates defined in the project schedule.
Utilize software to perform job functions at and beyond Go-live.
City of Moses Lake Technical Lead
Coordinates updates and releases with Tyler as needed.
Coordinates the copying of source databases to training/testing databases as needed for training
days.
Coordinates and adds new users, printers and other peripherals as needed.
Validates that all users understand log-on process and have necessary permission for all training
sessions.
Coordinates interface development for City of Moses Lake third party interfaces.
Develops or assists in creating reports as needed.
Ensures on-site system meets specifications provided by Tyler.
Assists with software installation as needed.
Extracts and transmits conversion data and control reports from the City of Moses Lake’s legacy
system per the conversion schedule set forth in the project schedule.
City of Moses Lake GIS
Participates in GIS planning activities.
Responsible for management and maintenance of City of Moses Lake GIS infrastructure and data.
Ensures GIS data/service endpoints are in alignment with Tyler software requirements.
Provides Tyler implementation team with GIS data/service access information.
City of Moses Lake Upgrade Coordination
Becomes familiar with the software upgrade process and required steps.
Becomes familiar with Tyler’s releases and updates.
Exhibit E
COML Council Packet 6-11-24, Page 602 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 13
Utilizes Tyler resources to stay abreast of the latest Tyler releases and updates, as well as the latest
helpful tools to manage the City of Moses Lake’s software upgrade process.
Assists with the software upgrade process during implementation.
Manages software upgrade activities post-implementation.
Manages software upgrade plan activities.
Coordinates software upgrade plan activities with City of Moses Lake and Tyler resources.
Communicates changes affecting users and department stakeholders.
Obtains department stakeholder acceptance to upgrade production environment.
City of Moses Lake Change Management Lead
Validates that users receive timely and thorough communication regarding process changes.
Provides coaching to supervisors to prepare them to support users through the project changes.
Identifies the impact areas resulting from project activities and develops a plan to address them
proactively.
Identifies areas of resistance and develops a plan to reinforce the change.
Monitors post-production performance and new process adherence.
Exhibit E
COML Council Packet 6-11-24, Page 603 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 14
Part 3: Project Plan
Project Stages
Work Breakdown Structure
The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down into
smaller, more manageable components. The top-level components are called “Stages”, and the second level
components are called “Work Packages”. The work packages, shown below each stage, contain the high-level
work to be done. The detailed Project Schedule, developed during Project/Phase Planning and finalized during
subsequent stages, lists the tasks to be completed within each work package. Each stage ends with a “Control
Point”, confirming the work performed during that stage of the Project has been accepted by the City of
Moses Lake.
Work Breakdown Structure (WBS)
1. Initiate &
Plan
2. Assess &
Define
3. Prepare
Solution
4. Production
Readiness 5. Production 6. Close
1.1 Initial
Coordination
2.1 Solution
Orientation
3.1 Initial System
Deployment
4.1 Solution
Validation
5.1 Go Live
6.1 Phase Close
Out
1.2 Project/Phase
Planning
2.2 Current & Future
State Analysis
3.2 Configuration
4.2 Go Live
Readiness
5.2 Transition to
Client Services
6.2 Project Close
Out
1.3 GIS Planning*
2.3 Modification
Analysis
3.3 Process
Refinement
4.3 End User
Training
5.3 Post Go Live
Activities
1.4 Infrastructure
Planning
2.4 Conversion
Assessment
3.4 Conversion
Delivery
1.5 Stakeholder
Meeting
2.5 Data Assessment
3.5 Data Delivery
3.6 Modifications*
*Items noted with an asterisk in the graphic above relate to specific products and services. If those products and services are not included in the scope
of the contract, these specific work packages will be noted as “Intentionally Left Blank” in Section 6 of the Statement of Work.
Exhibit E
COML Council Packet 6-11-24, Page 604 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 15
Initiate and Plan
The Initiate and Plan stage involves Project initiation, infrastructure, and planning. This stage creates a
foundation for the Project by identifying and establishing sequence and timing for each Phase as well as
verifying scope for the Project. This stage will be conducted at the onset of the Project, with a few unique
items being repeated for the additional Phases as needed.
Initial Coordination
Prior to Project commencement, Tyler management assigns project manager(s). Additional Project resources
will be assigned later in the Project as a Project schedule is developed. Tyler provides the City of Moses Lake
with initial Project documents used to gather names of key personnel, their functional role as it pertains to
the Project, as well as any blackout dates to consider for future planning. The City of Moses Lake gathers the
information requested by the provided deadline ensuring preliminary planning and scheduling can be
conducted moving the Project forward in a timely fashion. Internally, the Tyler Project Manager(s) coordinate
with sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning
Meeting with the City of Moses Lake’s team. During this step, Tyler will work with the City of Moses Lake to
establish the date(s) for the Project and Phase Planning session.
Objectives:
Formally launch the project.
Establish project governance.
Define and communicate governance for Tyler.
Identify City of Moses Lake project team.
STAGE 1 Initial Coordination
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Tyler project team is assigned A R C I I I I I I
City of Moses Lake project team
is assigned A I R I I I
Provide initial project
documents to the City of Moses
Lake
A R C C I I
Gather preliminary information
requested I A R C C C C
Sales to implementation
knowledge transfer A R I I I I I
Exhibit E
COML Council Packet 6-11-24, Page 605 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 16
Create Project Portal to store
project artifacts and facilitate
communication
A R I
Inputs Contract documents
Statement of Work
Outputs/Deliverables Working initial project documents
Project portal
Work package assumptions:
Project activities begin after the agreement has been fully executed.
Project/Phase Planning
Project and Phase planning provides an opportunity to review the contract, software, data conversions and
services purchased, identify applications to implement in each Phase (if applicable), and discuss
implementation timeframes.
During this work package Tyler will work with the City of Moses Lake to coordinate and plan a formal Project
planning meeting(s). This meeting signifies the start of the Project and should be attended by all City of Moses
Lake Project team members and the Tyler Project Manager. The meeting provides an opportunity for Tyler to
introduce its implementation methodology, terminology, and Project management best practices to the City
of Moses Lake’s Project Team. This will also present an opportunity for project managers and Project
sponsors to begin to discuss Project communication, metrics, status reporting and tools to be used to
measure Project progress and manage change.
Tyler will work with the City of Moses Lake Project Team to prepare and deliver the Project Management Plan
as an output of the planning meeting. This plan will continue to evolve and grow as the Project progresses
and will describe how the project will be executed, monitored, and controlled.
During project planning, Tyler will introduce the tools that will be used throughout the implementation. Tyler
will familiarize the City of Moses Lake with these tools during project planning and make them available for
review and maintenance as applicable throughout the project. Some examples are Solution validation plan,
issue log, and go-live checklist.
STAGE 1 Project/Phase Planning
Tyler City of Moses Lake
Exhibit E
COML Council Packet 6-11-24, Page 606 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 17
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Schedule and
conduct planning
session(s)
A R I C C I
Develop Project
Management Plan
and Project
Operational Plan
A R I C C I
Develop Initial
Project Schedule A R I I I I I I C C I I C I
Inputs Contract documents
Statement of Work
Guide to Starting Your Project
Outputs / Deliverables Acceptance Criteria [only] for Deliverables
Project Management Plan Delivery of document
Project Operational Plan Delivery of document
Initial Project Schedule City of Moses Lake provides acceptance of
schedule based on resource availability,
project budget, and goals.
Work package assumptions:
City of Moses Lake has reviewed and completed the Guide to Starting Your Project document.
Infrastructure Planning
Procuring required hardware and setting it up properly is a critical part of a successful implementation. This
task is especially important for Tyler-hosted/SaaS deployment models. Tyler will be responsible for building
the environments for a hosted/SaaS deployment, unless otherwise identified in the Agreement. Tyler will
install Licensed Software on application server(s) or train the City of Moses Lake to install License Software.
The City of Moses Lake is responsible for the installation and setup of all peripheral devices.
Objectives:
Ensure the City of Moses Lake’s infrastructure meets Tyler’s application requirements.
Ensure the City of Moses Lake’s infrastructure is scheduled to be in place and available for use on
time.
Exhibit E
COML Council Packet 6-11-24, Page 607 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 18
STAGE 1 Infrastructure Planning
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide Infrastructure
Requirements and
Design Document
A R C C I I
Initial Infrastructure
Meeting A R C C C C
Schedule SaaS
Environment
Availability
A R C I
Schedule Installation
of All Licensed
Software
A R C I I
Infrastructure Audit A R C I C
Inputs Initial Infrastructure Requirements
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Completed Infrastructure Requirements Delivery of Requirements
Infrastructure Audit System Passes Audit Criteria
Stakeholder Meeting
Communication of the Project planning outcomes to the City of Moses Lake Project team, executives and
other key stakeholders is vital to Project success. The Stakeholder meeting is a strategic activity to inform,
engage, gain commitment, and instill confidence in the City of Moses Lake team. During the meeting, the
goals and objectives of the Project will be reviewed along with detail on Project scope, implementation
methodology, roles and responsibilities, Project timeline and schedule, and keys to Project success.
Objectives:
Formally present and communicate the project activities and timeline.
Communicate project expectations.
STAGE 1 Stakeholder Meeting
Tyler City of Moses Lake
Exhibit E
COML Council Packet 6-11-24, Page 608 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 19
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Create Stakeholder
Meeting Presentation I A R I I I I C I
Review Stakeholder
Meeting Presentation I C A R C
Perform Stakeholder
Meeting Presentation I A R I I I I C I I I I I I
Inputs Agreement
SOW
Project Management Plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Stakeholder Meeting Presentation
Work package assumptions:
None
GIS Preparation
GIS data is a core part of many Tyler applications. Other City of Moses Lake offices/products may also use this
data and have different GIS requirements. A key focus of this preparation will be the process for developing
the GIS data for use with Tyler applications. This can be an iterative process, so it is important to begin
preparation early.
Objectives:
Identify all City of Moses Lake GIS data sources and formats.
Tyler to understand the City of Moses Lake’s GIS needs and practices.
Ensure the City of Moses Lake’s GIS data meets Tyler product requirements.
STAGE 1 GIS Preparation
Tyler City of Moses Lake
Exhibit E
COML Council Packet 6-11-24, Page 609 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 20
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Initial GIS Planning
Meeting A R C C C
Determine all GIS Data
Sources I I A R C
Provide Source GIS Data I I A R C
Review GIS Data and
Provide Feedback A R C I C
Inputs GIS Requirements Document
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Production Ready Map Data Meets Tyler GIS Requirements.
Work package assumptions:
GIS data provided to Tyler is accurate and complete.
GIS data provided to Tyler is current.
City of Moses Lake is responsible for maintaining the GIS data.
Control Point 1: Initiate & Plan Stage Acceptance
Acceptance criteria for this stage includes completion of all criteria listed below.
Note: Advancement to the Assess & Define stage is not dependent upon Tyler’s receipt of this stage
acceptance.
Initiate & Plan Stage Deliverables:
Project Management Plan
Initial Project Schedule
Initiate & Plan Stage Acceptance Criteria:
All stage deliverables accepted based on acceptance criteria previously defined
Project governance defined
Project portal made available to the City of Moses Lake
Stakeholder meeting complete
GIS Data Production Ready
Completed Infrastructure Requirements and Design Document
System Passes Infrastructure Audit (as applicable)
Exhibit E
COML Council Packet 6-11-24, Page 610 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 21
Assess & Define
The Assess & Define stage will provide an opportunity to gather information related to current City of Moses
Lake business processes. This information will be used to identify and define business processes utilized with
Tyler software. The City of Moses Lake collaborates with Tyler providing complete and accurate information
to Tyler staff and assisting in analysis, understanding current workflows and business processes.
Solution Orientation
The Solution Orientation provides the Project stakeholders a high-level understanding of the solution
functionality prior to beginning the current and future state analysis. The primary goal is to establish a
foundation for upcoming conversations regarding the design and configuration of the solution.
Tyler utilizes a variety of tools for the Solution Orientation, focusing on City of Moses Lake team knowledge
transfer such as: eLearning, documentation, or walkthroughs. The City of Moses Lake team will gain a better
understanding of the major processes and focus on data flow, the connection between configuration options
and outcome, integration, and terminology that may be unique to Tyler’s solution.
Objectives:
Provide a basic understanding of system functionality.
Prepare the City of Moses Lake for current and future state analysis.
STAGE 2 Solution Orientation
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide pre-requisites A R I I I I I
Complete pre-requisites A R C C
Conduct orientation A R I I I I I
Inputs Solution orientation materials
Training Plan
Current & Future State Analysis
The Current & Future State Analysis provides the Project stakeholders and Tyler an understanding of process
changes that will be achieved with the new system.
The City of Moses Lake and Tyler will evaluate current state processes, options within the new software, pros
and cons of each based on current or desired state and make decisions about the future state configuration
and processing. This may occur before or within the same timeframe as the configuration work package. The
Exhibit E
COML Council Packet 6-11-24, Page 611 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 22
options within the new software will be limited to the scope of this implementation and will make use of
standard Tyler functionality.
The City of Moses Lake will adopt the existing Tyler solution wherever possible to avoid project schedule and
quality risk from over customization of Tyler products. It is the City of Moses Lake’s responsibility to verify
that in-scope requirements are being met throughout the implementation if functional requirements are
defined as part of the contract. The following guidelines will be followed when evaluating if a modification to
the product is required:
A reasonable business process change is available.
Functionality exists which satisfies the requirement.
Configuration of the application satisfies the requirement.
An in-scope modification satisfies the requirement.
Requirements that are not met will follow the agreed upon change control process and can have impacts on
the project schedule, scope, budget, and resource availability.
STAGE 2 Current & Future State Analysis
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Current State process
review A R I I I C C C C C
Discuss future-state
options A R C C C C C C C C
Make future-state
decisions (non-COTS) C C C C C A R I C C
Document anticipated
configuration options
required to support
future state
A R C C C I I I I I
Inputs City of Moses Lake current state documentation
Solution Orientation completion
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Documentation that describes future-state
decisions and configuration options to support
future-state decisions.
Delivery of document
Work package assumptions:
Exhibit E
COML Council Packet 6-11-24, Page 612 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 23
Tyler will provide product information and recommendations for best practices to ensure that the
City understands options.
City of Moses Lake attendees possess sufficient knowledge and authority to make future state
decisions.
The City of Moses Lake is responsible for any documentation of current state business processes.
The City of Moses Lake can effectively communicate current state processes.
Conversion Assessment
Data Conversions are a major effort in any software implementation. Tyler’s conversion tools facilitate the
predictable, repeatable conversion process that is necessary to support a successful transition to the Tyler
system. The first step in this process is to perform an assessment of the existing (“legacy”) system(s), to
better understand the source data, risks, and options available. Once the data has been analyzed, the plan for
data conversion is completed and communicated to the appropriate stakeholders.
Objectives:
Communicate a common understanding of the project goals with respect to data.
Ensure complete and accurate source data is available for review/transfer.
Map the data from the source to the Tyler system.
Document the data conversion/loading approach.
STAGE 2 Data Conversion Assessment
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Extract Data from
Source Systems I C A R
Review and Scrub
Source Data I I I A R C I
Build/Update Data
Conversion Plan R C C C I I I I
Inputs City of Moses Lake Source data
City of Moses Lake Source data Documentation (if available)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data Conversion Plan built/updated City of Moses Lake Acceptance of Data
Conversion Plan
Exhibit E
COML Council Packet 6-11-24, Page 613 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 24
Work package assumptions:
Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format.
Tyler will work with the City of Moses Lake representatives to identify business rules before writing
the conversion.
City of Moses Lake subject matter experts and resources most familiar with the current data will be
involved in the data conversion planning effort.
Intentionally left blank.
Intentionally left blank.
Control Point 2: Assess & Define Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Note: Advancement to the Prepare Solution Stage is dependent upon Tyler’s receipt of the Stage Acceptance.
Assess & Define Stage Deliverables:
Documentation of future state decisions and configuration options to support future state decisions.
Modification specification document.
Assess & Define Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined.
Solution Orientation is delivered.
Conversion data extracts are received by Tyler.
Data conversion plan built.
Prepare Solution
During the Prepare Solution stage, information gathered during the Initiate & Plan and Assess & Define stages
will be used to install and configure the Tyler software solution. Software configuration will be validated by
the City of Moses Lake against future state decisions defined in previous stages and processes refined as
needed to ensure business requirements are met.
Initial System Deployment
The timely availability of the Tyler Solution is important to a successful Project implementation. The success
and timeliness of subsequent work packages are contingent upon the initial system deployment of Tyler
Licensed Software on an approved network and infrastructure. Delays in executing this work package can
affect the project schedule.
Objectives:
All licensed software is installed and operational.
The City of Moses Lake can access the software.
Exhibit E
COML Council Packet 6-11-24, Page 614 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 25
STAGE 3 Initial System Deployment (SaaS)*
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Install Licensed
Software with
Initial Database on
Server(s) for
Included
Environments
A R I C
Install Licensed
Software on City of
Moses Lake
Devices (if
applicable)
I C A R
Tyler System
Administration
Training (if
applicable)
A R I C
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Licensed Software is Installed on the Server(s) Software is accessible
Licensed Software is Installed on City of Moses
Lake Devices (if applicable)
Software is accessible
Installation Checklist/System Document System meets prescribed checklist
Infrastructure Design Document
Work package assumptions:
The most current available version of the Tyler Licensed Software will be installed.
The City of Moses Lake will provide network access for Tyler modules, printers, and Internet access to
all applicable City of Moses Lake and Tyler Project staff.
Configuration
The purpose of Configuration is to prepare the software product for validation.
Tyler staff collaborates with the City of Moses Lake to complete software configuration based on the outputs
of the future state analysis performed during the Assess and Define Stage. The City of Moses Lake
collaborates with Tyler staff iteratively to validate software configuration.
Exhibit E
COML Council Packet 6-11-24, Page 615 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 26
Objectives:
Software is ready for validation.
Educate the City of Moses Lake Power User how to configure and maintain software.
Prepare standard interfaces for process validation (if applicable).
STAGE 3 Configuration
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct configuration
training A R I C C
Complete Tyler
configuration tasks
(where applicable)
A R I I I
Complete City of Moses
Lake configuration tasks
(where applicable)
I C A R C
Standard interfaces
configuration and
training
A R C I C C C
Updates to Solution
Validation Testing Plan C C A R C C
Inputs Documentation that describes future state decisions and configuration options to support future
state decisions.
Solution Validation Test Plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updates Solution Validation Test Plan
Standard Interfaces Configuration and Training
Documentation
Configured System
Work package assumptions:
Tyler provides guidance for configuration options available within the Tyler software. The City of
Moses Lake is responsible for making decisions when multiple options are available.
Exhibit E
COML Council Packet 6-11-24, Page 616 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 27
Process Refinement
Tyler will educate the City of Moses Lake users on how to execute processes in the system to prepare them
for the validation of the software. The City of Moses Lake collaborates with Tyler staff iteratively to validate
software configuration options to support future state.
Objectives:
Ensure that the City of Moses Lake understands future state processes and how to execute the
processes in the software.
Refine each process to meet the business requirements.
Validate standard interfaces, where applicable.
Validate forms and reports, where applicable.
STAGE 3 Process Refinement
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct process
training A R I C I C
Confirm process
decisions I C A R C I C
Test configuration I C A R C
Refine
configuration (City
of Moses Lake
Responsible)
I C A R C
Refine
configuration (Tyler
Responsible)
A R I I I
Validate interface
process and results I C C A R C C
Update City of
Moses Lake-
specific process
documentation (if
applicable)
I C A R C
Updates to
Solution Validation
Testing Plan
C C A R C C
Inputs Initial Configuration
Exhibit E
COML Council Packet 6-11-24, Page 617 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 28
Documentation that describes future state decisions and configuration options to support
future state decisions.
Solution Validation Test Plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated Solution Validation Test Plan
Completed City of Moses Lake-specific
process documentation (completed by City
of Moses Lake)
Work package assumptions:
None
Conversion Delivery
The purpose of this task is to transition the City of Moses Lake’s data from their source (“legacy”) system(s) to
the Tyler system(s). The data will need to be mapped from the legacy system into the new Tyler system
format. A well-executed data conversion is key to a successful cutover to the new system(s).
With guidance from Tyler, the City of Moses Lake will review specific data elements within the system and
identify / report discrepancies. Iteratively, Tyler will collaborate with the City of Moses Lake to address
conversion discrepancies. This process will allow for clean, reconciled data to transfer from the source
system(s) to the Tyler system(s). Reference Conversion Appendix for additional detail.
Objectives:
Data is ready for production (Conversion).
STAGE 3 Data Delivery & Conversion
Tyler City of Moses Lake
Load Data
for Testing
Pull Data &
Conversion
Balancing
Reports
Map
Conversion
Write & Run
Conversion
Program
Validate
Data
Conversion
Reviews
Completed
Final
Conversion
Report &
Correct
Errors
Exhibit E
COML Council Packet 6-11-24, Page 618 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 29
RACI MATRIX
KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide data
crosswalks/code
mapping tool
A C R I I I
Populate data
crosswalks/code
mapping tool
I C C A R C
Iterations:
Conversion
Development
A C R I I
Iterations:
Deliver
converted data
A R I I I
Iterations:
Proof/Review
data and
reconcile to
source system
C C C A R C C
Inputs
Data Conversion Plan
Configuration
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Code Mapping Complete / Validated
Conversion Iterations / Reviews Complete Conversion complete, verified, and ready for
final pass
Work package assumptions:
The City of Moses Lake will provide a single file layout per source system as identified in the
investment summary.
The City of Moses Lake subject matter experts and resources most familiar with the current data will
be involved in the data conversion effort.
The City of Moses Lake project team will be responsible for completing the code mapping activity,
with assistance from Tyler.
Exhibit E
COML Council Packet 6-11-24, Page 619 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 30
Intentionally left blank.
Intentionally left blank.
Control Point 3: Prepare Solution Stage Acceptance
Acceptance criteria for this Stage includes all criteria listed below in each Work Package.
Note: Advancement to the Production Readiness Stage is dependent upon Tyler’s receipt of the Stage
Acceptance.
Prepare Solution Stage Deliverables:
Licensed software is installed.
Installation checklist/system document.
Conversion iterations and reviews complete.
Prepare Solution Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined.
Software is configured.
Solution validation test plan has been reviewed and updated if needed.
Production Readiness
Activities in the Production Readiness stage will prepare the City of Moses Lake team for go-live through
solution validation, the development of a detailed go-live plan and end user training. A readiness assessment
will be conducted with the City of Moses Lake to review the status of the project and the organizations
readiness for go-live.
Solution Validation
Solution Validation is the end-to-end software testing activity to ensure that the City of Moses Lake verifies all
aspects of the Project (hardware, configuration, business processes, etc.) are functioning properly, and
validates that all features and functions per the contract have been deployed for system use.
Objectives:
Validate that the solution performs as indicated in the solution validation plan.
Ensure the City of Moses Lake organization is ready to move forward with go-live and training (if
applicable).
STAGE 4 Solution Validation
Tyler City of Moses Lake
Exhibit E
COML Council Packet 6-11-24, Page 620 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 31
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Update Solution
Validation Plan A R C C C C
Update Test Scripts C C C A R C
Perform testing C C C A R C
Document issues from
testing C C C A R C
Perform required follow-
up on issues A R C C C C
Inputs Solution Validation Plan
Tyler-provided Test Scripts
Completed work product from prior stages (configuration, business process, etc.)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Solution Validation Report City of Moses Lake updates report with testing
results
Updated Test Scripts
Work package assumptions:
Designated testing environment has been established.
Testing includes current phase activities or deliverables only.
Go-Live Readiness
Tyler and the City of Moses Lake will ensure that all requirements defined in Project planning have been
completed and the Go-Live event can occur, as planned. A go-live readiness assessment will be completed
identifying risks or actions items to be addressed to ensure the City of Moses Lake has considered its ability to
successfully Go-Live. Issues and concerns will be discussed, and mitigation options documented. Tyler and the
City of Moses Lake will jointly agree to move forward with transition to production. Expectations for final
preparation and critical dates for the weeks leading into and during the Go-Live week will be planned in detail
and communicated to Project teams.
Objectives:
Action plan for go-live established.
Assess go-live readiness.
Stakeholders informed of go-live activities.
Exhibit E
COML Council Packet 6-11-24, Page 621 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 32
STAGE 4 Go-Live Readiness
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Perform Readiness
Assessment I A R C C I C I I I I I I
Conduct Go-Live planning
session A R C C C C C C C
Order peripheral
hardware (if applicable) I A R C
Confirm procedures for
Go-Live issue reporting &
resolution
A R I I I I C C I I I I I
Develop Go-Live checklist A R C C C C I C C
Final system
infrastructure review
(where applicable)
A R C C
Inputs Future state decisions
Go-live checklist
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated go-live checklist Updated Action plan and Checklist for go-live
delivered to the City of Moses Lake
Work package assumptions:
None
End User Training
End User Training is a critical part of any successful software implementation. Using a training plan previously
reviewed and approved, the Project team will organize and initiate the training activities.
Train the Trainer: Tyler provides one occurrence of each scheduled training or implementation topic. City of
Moses Lake users who attended the Tyler sessions may train additional users. Additional Tyler led sessions
may be contracted at the applicable rates for training.
Tyler will provide standard application documentation for the general use of the software. It is not Tyler’s
responsibility to develop City of Moses Lake specific business process documentation. City of Moses Lake-led
training labs using City of Moses Lake specific business process documentation if created by the City of Moses
Lake can be added to the regular training curriculum, enhancing the training experiences of the end users.
Exhibit E
COML Council Packet 6-11-24, Page 622 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 33
Objectives:
End users are trained on how to use the software prior to go-live.
The City of Moses Lake is prepared for on-going training and support of the application.
STAGE 4 End User Training
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Update training plan A R C C I C
End User training (Tyler-
led – if contracted) A R C C C I C C C
Train-the-trainer A R C C C I C
End User training (City of
Moses Lake-led) C C A R I C C C
Inputs Training Plan
List of End Users and their Roles / Job Duties
Configured Tyler System
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
End User Training City of Moses Lake signoff that training was
delivered
Work package assumptions:
The City of Moses Lake project team will work with Tyler to jointly develop a training curriculum that
identifies the size, makeup, and subject-area of each of the training classes.
Tyler will work with the City of Moses Lake as much as possible to provide end-user training in a
manner that minimizes the impact to the daily operations of City of Moses Lake departments.
The City of Moses Lake will be responsible for training new users after go-live (exception—previously
planned or regular training offerings by Tyler).
Control Point 4: Production Readiness Stage Acceptance
Acceptance criteria for this stage includes all criteria listed below. Advancement to the Production stage is
dependent upon Tyler’s receipt of the stage acceptance.
Production Readiness stage deliverables:
Solution Validation Report.
Exhibit E
COML Council Packet 6-11-24, Page 623 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 34
Update go-live action plan and/or checklist.
End user training.
Production Readiness stage acceptance criteria:
All stage deliverables accepted based on criteria previously defined.
Go-Live planning session conducted.
Production
Following end user training the production system will be fully enabled and made ready for daily operational
use as of the scheduled date. Tyler and the City of Moses Lake will follow the comprehensive action plan laid
out during Go-Live Readiness to support go-live activities and minimize risk to the Project during go-live.
Following go-live, Tyler will work with the City of Moses Lake to verify that implementation work is concluded,
post go-live activities are scheduled, and the transition to Client Services is complete for long-term operations
and maintenance of the Tyler software.
Go-Live
Following the action plan for Go-Live, defined in the Production Readiness stage, the City of Moses Lake and
Tyler will complete work assigned to prepare for Go-Live.
The City of Moses Lake provides final data extract and Reports from the Legacy System for data conversion
and Tyler executes final conversion iteration, if applicable. If defined in the action plan, the City of Moses Lake
manually enters any data added to the Legacy System after final data extract into the Tyler system.
Tyler staff collaborates with the City of Moses Lake during Go-Live activities. The City of Moses Lake
transitions to Tyler software for day-to-day business processing.
Some training topics are better addressed following Go-Live when additional data is available in the system or
based on timing of applicable business processes and will be scheduled following Go-Live per the Project
Schedule.
Objectives:
Execute day-to-day processing in Tyler software.
City of Moses Lake data available in Production environment.
STAGE 5 Go-Live
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Exhibit E
COML Council Packet 6-11-24, Page 624 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 35
Provide final source data
extract, if applicable C C A R
Final source data pushed
into production
environment, if
applicable
A C R I C C C
Proof final converted
data, if applicable C C C A R C
Complete Go-Live
activities as defined in
the Go-Live action plan
C C C A R C I C
Provide Go-Live
assistance A R C C I C C I C I C
Inputs Comprehensive Action Plan for Go-Live
Final source data (if applicable)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data is available in production environment City of Moses Lake confirms data is available in
production environment
Work package assumptions:
The City of Moses Lake will complete activities documented in the action plan for Go-Live as
scheduled.
External stakeholders will be available to assist in supporting the interfaces associated with the Go-
Live live process.
The City of Moses Lake business processes required for Go-Live are fully documented and tested.
The City of Moses Lake Project team and subject matter experts are the primary point of contact for
the end users when reporting issues during Go-Live.
The City of Moses Lake Project Team and Power User’s provide business process context to the end
users during Go-Live.
Transition to Client Services
This work package signals the conclusion of implementation activities for the Phase or Project with the
exception of agreed-upon post Go-Live activities. The Tyler project manager(s) schedules a formal transition
of the City of Moses Lake onto the Tyler Client Services team, who provides the City of Moses Lake with
assistance following Go-Live, officially transitioning the City of Moses Lake to operations and maintenance.
Objectives:
Ensure no critical issues remain for the project teams to resolve.
Confirm proper knowledge transfer to the City of Moses Lake teams for key processes and subject
areas.
STAGE 5 Transition to Client Services
Tyler City of Moses Lake
Exhibit E
COML Council Packet 6-11-24, Page 625 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 36
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Transfer City of Moses
Lake to Client Services
and review issue
reporting and resolution
processes
I I A I I R I I C C C
Review long term
maintenance and
continuous
improvement
A R C C C
Inputs Open item/issues List
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Client Services Support Document
Work package assumptions:
No material project issues remain without assignment and plan.
Post Go-Live Activities
Some implementation activities are provided post-production due to the timing of business processes, the
requirement of actual production data to complete the activities, or the requirement of the system being
used in a live production state.
Objectives:
Schedule activities that are planned for after Go-Live.
Ensure issues have been resolved or are planned for resolution before phase or project close.
STAGE 5 Post Go-Live Activities
Tyler City of Moses Lake
Exhibit E
COML Council Packet 6-11-24, Page 626 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 37
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Schedule contracted
activities that are
planned for delivery
after go-live
A R C C C C I C C I C C
Determine resolution
plan in preparation for
phase or project close
out
A R C C C I C C I C
Inputs List of post Go-Live activities
Outputs /
Deliverables
Acceptance Criteria [only] for
Deliverables
Updated issues log
Work package assumptions:
System is being used in a live production state.
Control Point 5: Production Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below:
Advancement to the Close stage is not dependent upon Tyler’s receipt of this Stage Acceptance.
Converted data is available in production environment.
Production Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined.
Go-Live activities defined in the Go-Live action plan completed.
Client services support document is provided.
Close
The Close stage signifies full implementation of all products purchased and encompassed in the Phase or
Project. The City of Moses Lake transitions to the next cycle of their relationship with Tyler (next Phase of
implementation or long-term relationship with Tyler Client Services).
Exhibit E
COML Council Packet 6-11-24, Page 627 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 38
Phase Closeout
This work package represents Phase completion and signals the conclusion of implementation activities for
the Phase. The Tyler Client Services team will assume ongoing support of the City of Moses Lake for systems
implemented in the Phase.
Objectives:
Agreement from Tyler and the City of Moses Lake teams that activities within this phase are
complete.
STAGE 6 Phase Close Out
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Reconcile project budget
and status of contract
Deliverables
I A R I I C
Hold post phase review
meeting A R C C C C C C C C C
Release phase-
dependent Tyler project
resources
A R I I
Participants Tyler City of Moses Lake
Project Leadership Project Manager
Project Manager Project Sponsor(s)
Implementation Consultants Functional Leads, Power Users,
Technical Leads
Technical Consultants (Conversion, Deployment,
Development)
Client Services
Inputs Contract
Statement of Work
Project artifacts
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Final action plan (for outstanding items)
Reconciliation Report
Post Phase Review
Exhibit E
COML Council Packet 6-11-24, Page 628 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 39
Work package assumptions:
Tyler deliverables for the phase have been completed.
Project Closeout
Completion of this work package signifies final acceptance and formal closing of the Project.
At this time the City of Moses Lake may choose to begin working with Client Services to look at continuous
improvement Projects, building on the completed solution.
Objectives:
Confirm no critical issues remain for the project teams to resolve.
Determine proper knowledge transfer to the City of Moses Lake teams for key processes and subject
areas has occurred.
Verify all deliverables included in the Agreement are delivered.
STAGE 6 Project Close Out
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct post project
review A R C C C C C C C C C
Deliver post project
report to City of Moses
Lake and Tyler
leadership
I A R I I C
Release Tyler project
resources A R I I
Inputs Contract
Statement of Work
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Post Project Report City of Moses Lake acceptance; Completed
report indicating all project Deliverables and
milestones have been completed
Work package assumptions:
Exhibit E
COML Council Packet 6-11-24, Page 629 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 40
All project implementation activities have been completed and approved.
No critical project issues remain that have not been documented and assigned.
Final project budget has been reconciled and invoiced.
All Tyler deliverables have been completed.
Control Point 6: Close Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Close Stage Deliverables:
Post Project Report.
Close Stage Acceptance Criteria:
Completed report indicating all Project deliverables and milestones have been completed.
General Assumptions
Tyler and the City of Moses Lake will use this SOW as a guide for managing the implementation of the Tyler
Project as provided and described in the Agreement. There are a few assumptions which, when
acknowledged and adhered to, will support a successful implementation. Assumptions related to specific
work packages are documented throughout the SOW. Included here are general assumptions which should
be considered throughout the overall implementation process.
Project
Project activities will begin after the Agreement has been fully executed.
The City of Moses Lake Project Team will complete their necessary assignments in a mutually agreed
upon timeframe to meet the scheduled go-live date, as outlined in the Project Schedule.
Sessions will be scheduled and conducted at a mutually agreeable time.
Additional services, software modules and modifications not described in the SOW or Agreement will
be considered a change to this Project and will require a Change Request Form as previously
referenced in the definition of the Change Control Process.
Tyler will provide a written agenda and notice of any prerequisites to the City of Moses Lake project
manager(s) ten (10) business days or as otherwise mutually agreed upon time frame prior to any
scheduled on-site or remote sessions, as applicable.
Tyler will provide guidance for configuration and processing options available within the Tyler
software. If multiple options are presented by Tyler, the City of Moses Lake is responsible for making
decisions based on the options available.
Implementation of new software may require changes to existing processes, both business and
technical, requiring the City of Moses Lake to make process changes.
The City of Moses Lake is responsible for defining, documenting, and implementing their policies that
result from any business process changes.
Organizational Change Management
Unless otherwise contracted by Tyler, City of Moses Lake is responsible for managing Organizational Change.
Impacted City of Moses Lake resources will need consistent coaching and reassurance from their leadership
team to embrace and accept the changes being imposed by the move to new software. An important part of
Exhibit E
COML Council Packet 6-11-24, Page 630 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 41
change is ensuring that impacted City of Moses Lake resources understand the value of the change, and why
they are being asked to change.
Resources and Scheduling
City of Moses Lake resources will participate in scheduled activities as assigned in the Project
Schedule.
The City of Moses Lake team will complete prerequisites prior to applicable scheduled activities.
Failure to do so may affect the schedule.
Tyler and the City of Moses Lake will provide resources to support the efforts to complete the Project
as scheduled and within the constraints of the Project budget.
Abbreviated timelines and overlapped Phases require sufficient resources to complete all required
work as scheduled.
Changes to the Project Schedule, availability of resources or changes in Scope will be requested
through a Change Request. Impacts to the triple constraints (scope, budget, and schedule) will be
assessed and documented as part of the change control process.
The City of Moses Lake will ensure assigned resources will follow the change control process and
possess the required business knowledge to complete their assigned tasks successfully. Should there
be a change in resources, the replacement resource should have a comparable level of availability,
change control process buy-in, and knowledge.
The City expects that Tyler’s resources be experts in the Tyler Software Products, SaaS Service, and
professional services to be provided.
The City has the right to have any Tyler resource removed from the Project for any reason that
negatively impacts the City’s personnel or Project.
The City has the right to expect that any Tyler resource replacement be highly competent with
significant Tyler Solution implementation experience for the area(s) in which they are responsible. To
be clear, all assigned Tyler resources providing functional and technical consulting services must have
specifically worked in the same capacity for a similar client for the specific Tyler Product(s) being
implemented by the City.
Tyler shall incur all costs associated with the removal and replacement of Tyler resources, regardless
of the reason for the project exit.
The City of Moses Lake makes timely Project related decisions to achieve scheduled due dates on
tasks and prepare for subsequent training sessions. Failure to do so may affect the schedule, as each
analysis and implementation session is dependent on the decisions made in prior sessions.
The City of Moses Lake will respond to information requests in a comprehensive and timely manner,
in accordance with the Project Schedule.
The City of Moses Lake will provide adequate meeting space or facilities, including appropriate
system connectivity, to the project teams including Tyler team members.
For on-site visits, Tyler will identify a travel schedule that balances the needs of the project and the
employee.
Data
Data will be converted as provided and Tyler will not create data that does not exist.
The City of Moses Lake is responsible for the quality of legacy data and for cleaning or scrubbing
erroneous legacy data.
Tyler will work closely with the City of Moses Lake representatives to identify business rules before
writing the conversion. The City of Moses Lake must confirm that all known data mapping from
source to target have been identified and documented before Tyler writes the conversion.
Exhibit E
COML Council Packet 6-11-24, Page 631 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 42
All in-scope source data is in data extract(s).
Each legacy system data file submitted for conversion includes all associated records in a single
approved file layout.
The City of Moses Lake will provide the legacy system data extract in the same format for each
iteration unless changes are mutually agreed upon in advance. If not, negative impacts to the
schedule, budget and resource availability may occur and/or data in the new system may be
incorrect.
The City of Moses Lake Project Team is responsible for reviewing the converted data and reporting
issues during each iteration, with assistance from Tyler.
The City of Moses Lake is responsible for providing or entering test data (e.g., data for training,
testing interfaces, etc.)
Facilities
The City of Moses Lake will provide dedicated space for Tyler staff to work with City of Moses Lake
resources for both on-site and remote sessions. If Phases overlap, City of Moses Lake will provide
multiple training facilities to allow for independent sessions scheduling without conflict.
The City of Moses Lake will provide staff with a location to practice what they have learned without
distraction.
Exhibit E
COML Council Packet 6-11-24, Page 632 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 43
Glossary
Word or Term Definition
Acceptance Confirming that the output or deliverable is suitable and
conforms to the agreed upon criteria.
Accountable The one who ultimately ensures a task or deliverable is
completed; the one who ensures the prerequisites of the task are
met and who delegates the work to those responsible. [Also see
RACI]
Application A computer program designed to perform a group of coordinated
functions, tasks, or activities for the benefit of the user.
Application Programming Interface (API) A defined set of tools/methods to pass data to and received data
from Tyler software products
Agreement This executed legal contract that defines the products and
services to be implemented or performed.
Business Process The practices, policy, procedure, guidelines, or functionality that
the client uses to complete a specific job function.
Business Requirements Document A specification document used to describe Client requirements
for contracted software modifications.
Change Request A form used as part of the Change Control process whereby
changes in the scope of work, timeline, resources, and/or budget
are documented and agreed upon by participating parties.
Change Management Guides how we prepare, equip and support individuals to
successfully adopt change in order to drive organizational success
& outcomes
Code Mapping [where applicable] An activity that occurs during the data conversion process
whereby users equate data (field level) values from the old
system to the values available in the new system. These may be
one to one or many to one. Example: Old System [Field = eye
color] [values = BL, Blu, Blue] maps to New Tyler System [Field =
Eye Color] [value = Blue].
Consulted Those whose opinions are sought, typically subject matter
experts, and with whom there is two-way communication. [Also
see RACI]
Control Point This activity occurs at the end of each stage and serves as a
formal and intentional opportunity to review stage deliverables
and required acceptance criteria for the stage have been met.
Data Mapping [where applicable] The activity determining and documenting where data from the
legacy system will be placed in the new system; this typically
involves prior data analysis to understand how the data is
currently used in the legacy system and how it will be used in the
new system.
Deliverable A verifiable document or service produced as part of the Project,
as defined in the work packages.
Go-Live The point in time when the Client is using the Tyler software to
conduct daily operations in Production.
Informed Those who are kept up-to-date on progress, often only on
completion of the task or deliverable, and with whom there is
just one-way communication. [Also see RACI]
Exhibit E
COML Council Packet 6-11-24, Page 633 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 44
Infrastructure The composite hardware, network resources and services
required for the existence, operation, and management of the
Tyler software.
Interface A connection to and potential exchange of data with an external
system or application. Interfaces may be one way, with data
leaving the Tyler system to another system or data entering Tyler
from another system, or they may be bi-directional with data
both leaving and entering Tyler and another system.
Integration A standard exchange or sharing of common data within the Tyler
system or between Tyler applications
Legacy System The software from which a client is converting.
Modification Custom enhancement of Tyler’s existing software to provide
features or functions to meet individual client requirements
documented within the scope of the Agreement.
On-site Indicates the work location is at one or more of the client’s
physical office or work environments.
Organizational Change The process of changing an organization's strategies, processes,
procedures, technologies, and culture, as well as the effect of
such changes on the organization.
Output A product, result or service generated by a process.
Peripheral devices An auxiliary device that connects to and works with the computer
in some way. Some examples: scanner, digital camera, printer.
Phase A portion of the Project in which specific set of related
applications are typically implemented. Phases each have an
independent start, Go-Live and closure dates but use the same
Implementation Plans as other Phases of the Project. Phases may
overlap or be sequential and may have different Tyler resources
assigned.
Project The delivery of the software and services per the agreement and
the Statement of Work. A Project may be broken down into
multiple Phases.
RACI A matrix describing the level of participation by various roles in
completing tasks or Deliverables for a Project or process.
Individuals or groups are assigned one and only one of the
following roles for a given task: Responsible (R), Accountable (A),
Consulted (C), or Informed (I).
Remote Indicates the work location is at one or more of Tyler’s physical
offices or work environments.
Responsible Those who ensure a task is completed, either by themselves or
delegating to another resource. [Also see RACI]
Scope Products and services that are included in the Agreement.
Exhibit E
COML Council Packet 6-11-24, Page 634 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 45
Solution The implementation of the contracted software product(s)
resulting in the connected system allowing users to meet Project
goals and gain anticipated efficiencies.
Stage The top-level components of the WBS. Each Stage is repeated for
individual Phases of the Project.
Standard Software functionality that is included in the base software (off-
the-shelf) package; is not customized or modified.
Statement of Work (SOW) Document which will provide supporting detail to the Agreement
defining Project-specific activities, services, and Deliverables.
System The collective group of software and hardware that is used by the
organization to conduct business.
Test Scripts The steps or sequence of steps that will be used to validate or
confirm a piece of functionality, configuration, enhancement, or
Use Case Scenario.
Training Plan Document(s) that indicate how and when users of the system will
be trained relevant to their role in the implementation or use of
the system.
Validation (or to validate) The process of testing and approving that a specific Deliverable,
process, program, or product is working as expected.
Work Breakdown Structure (WBS) A hierarchical representation of a Project or Phase broken down
into smaller, more manageable components.
Work Package A group of related tasks within a project.
Exhibit E
COML Council Packet 6-11-24, Page 635 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 46
Part 4: Appendices
Conversion
Enterprise ERP Conversion Summary
Accounting
Accounting - Actuals
Summary account balances
Up to 5 years
Accounting - Budgets
Original budget, budget adjustments, revised budget summaries for accounts
Up to 5 years
Accounts Payable
Vendors
Vendor Master file including names, addresses, SSN/FID, contacts, phone numbers
Multiple remittance addresses
Year-to-date 1099 amounts
Accounts Payable - Checks
Check header data including vendor, warrant, check number, check date, overall check amount, GL
cash account and clearing information
Check detail data including related document and invoice numbers for each check
Up to 5 years
Accounts Payable - Invoices
Invoice header data containing general information for the invoice
Invoice detail data containing line-specific information for the invoice
Up to 5 years
Contracts
Contract header detail with many fields available to convert including fiscal year and period, vendor
number, department code, description, enforcement method code, dates for award, approval, entry
and expiration, retention information, user-defined type and review codes, status code, user id for
entry and approver. Additional fields are also available. A balance forward contract amount is
converted, if original amount is required there will be an additional charge and contracts, po’s and
invoices must be converted together.
Exhibit E
COML Council Packet 6-11-24, Page 636 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 47
Project Accounting
Project Accounting Master Tables
Segments, account strings and fund string allocation table
Requires the use of a Tyler provided (Chart of Accounts) spreadsheet for design and entry of the data
to be converted
Project Accounting - Actuals
Summary project ledger string balances. If linking to GL, must be converted at the same time.
Up to 5 years
Project Accounting – Budget
Original project ledger budget amounts. If linking to GL, must be converted at the same time.
Up to 5 years
Human Resources Management
HRM Employee Master Information
Payroll Employee Master data including data such as name, address, SSN, legacy employee ID, date of
birth, hire date, activity status (such as active/inactive), leave/termination code and date, phone(s), e-
address, marital status, gender, race, personnel status (such as full-time, part-time, etc.), highest
degree, advice-delivery (print/email/both) and check location, plus primary group, job, location, and
account information
Accumulators
YTD, QTD, MTD amounts for employee pay and deductions
Needed for mid-calendar-year go-live
May not be needed if converting earnings/deductions history
Up to 5 years
Accumulators are converted with check history and earning/deduction history as a default. No
accumulator files are necessary to submit when converting history.
Check History
Up to 5 years, additional years must be quoted. We convert amounts for earnings and deductions in
employee check history, check number and date.
Earning/Deduction Hist.
Up to 5 years, additional years must be quoted. Earning and deduction history broken down my
individual codes (earnings and deduction) and amounts per pay period, the detail of these lines, sums
the check history.
Personnel Action History
A variety of Personnel actions, such as job or salary changes and dates these events occurred.
Up to 5 years
Exhibit E
COML Council Packet 6-11-24, Page 637 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 48
Certifications
Certification area and certification type codes, certification number and effective date, expiration
date, and required-by date, codes for certification level and subjects
Education
Codes, for institution, type of degree, and area(s) of study
General Billing
Customer Master Files
Customer information
General Billing – Recurring Invoices
General Billing Invoices that are sent on a regular basis
Header records with general information about the invoice
Detail records with line-specific information
General Billing – Bills
5 years of open and closed invoices
General Ledger information so open invoices can be processed in Enterprise ERP
Utility Billing
Account Information
Account Master data including previous and current customer owner information- address info,
phone, fax, SSN number, FID number, account status, parcel number, location street, apartment, city,
state, zip, book number, read sequence, account start and end date, EFT bank information
Services
Current service codes, service status, type, factor, condo units, bill cycle codes, current deposits held
on account including unpaid deposit amounts, winter usage, current meter(s) associated with service,
meter readings (current and previous), meter usage (current and previous) and sales tax information.
Assessments
Assessments are improvement costs that are spread across to property owner
Utility Billing conversion (balance forward AR) must also be purchased in order to convert
assessments
Consumption History
History of meter readings, usage, read dates, usage days, bill amounts, bill dates, read codes
Up to 5 years
Exhibit E
COML Council Packet 6-11-24, Page 638 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 49
Balance Forward AR
Account balance forward information converted as total amount due. If the client’s business practices
require current due and past due bills this can be broken into three balance forward bills (current
balance due and up to two past due balance bills). These can be converted to one balance forward
charge code or separate balance forward charge codes, and converted to the account/customer, if
the client’s legacy data contains this information.
If late penalties will be applied in Enterprise ERP after the conversion, balance forward amounts must
be converted by charge code
Work Orders
Work Orders data associated with accounts, including meter repairs, checks for leaky meter, reread a
meter due to high reading
Backflow
Account information, backflow device information, backflow type, and backflow violations
Budget Billing
Converts information for budget average billing by account, customer and service. Legacy data must
include: calculated budget amount by service; number of periods remaining until plan renews;
budget plan balance/credit amount, broken out by service/customer; additional amortized amount by
service.
Flat Inventory/Containers
Inventory for non-metered items tied to recurring service billing – flat rate is tied to inventory
item(s)/item type(s) (vs consumption/usage). Trash/recycling containers, dumpsters, roll off
containers, light poles, cable/internet equipment.
Exhibit E
COML Council Packet 6-11-24, Page 639 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 50
Additional Appendices
Tyler and Client Work Split Assumptions
Increased Work Split Hours
Additional hours were purchased in this contract to increase the work split from the standard 30% Tyler work
effort. Clients have different needs and there are different ways the allocation of these hours can benefit the
project. We will work with the client project manager during the planning sessions and project plan
development to determine the best use of these hours. Common areas additional hours are used are:
Configuration
Setting and Code configuration
Security and Workflow Building
Data Conversion
Conversion Mapping
Conversion Proofing
Conversion Testing
Imports in lieu of conversion
Formatting files
Building custom templates
Testing imports/Data validation
Training/Documentation
Additional repeat process training
Post Live Assistance
Bank Reconciliation assistance for additional months
Month-end assistance for additional months
Year-end assistance for multiple years
W-2/1099 processing for multiple years
Job aides/quick reference guides
End user training documentation
Testing
Additional parallel processing
Test script building
Integration Testing
Import/Export template building
Import testing
Process validation/documentation
All clients have unique needs on a project. By defining the use of these hours during project planning, we
have the flexibility to determine the greatest needs of your organization and plan accordingly. At any point in
the project, we can revisit the use of these hours and adjust content as needed to support the success of the
project.
Exhibit E
COML Council Packet 6-11-24, Page 640 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 51
Integrations
Tyler solutions offer a variety of methods of interfacing with external third-party systems, including file-based import
and exports and real-time web service integration through plug-and-play App Connectors, and optional API Toolkits
and Connectors. Tyler Integrated Solutions Tyler’s family of ERP and Civic solutions provide robust, native integration,
eliminating the need to manage third-party interfaces and integrations entirely. This includes Enterprise Permitting &
Licensing, Enterprise ERP, Enterprise Asset Management, Cashiering and Payments for point-of-sale and online
payment processing, Content Manager’s streamlined access to records and documents, and Enterprise Service Request
Access to manage non-emergency inquiries, incident reporting, complaints, and service requests. File-based
integration Multiple file-based interfaces are included, and all are integrated as part of the application, designed for
end users. Unlike systems that require a database administrator to import or export data with their system, users can
easily import or export data through point-and-click user interface. User-defined templates specify the data layout for a
specific system, so users can quickly choose the appropriate template at the time of import/export. Templates for
commonly used third-party systems are also included out of the box. File-based interfaces can be scheduled for one-
time or recurring, automated processing. Imports can be configured with Workflow to send automated notifications or
approval requests before the data updates a record. Workflow business rules can be set on a variety of data conditions
specific to the imported data. This includes if data causes an account to go over budget, is over a certain dollar amount,
or is related to a specific segment of your general ledger. Only after all workflow rules have been approved does the
import update production data. Depending on the process, imports can also be rejected at the item or file level;
rejected imports can be resubmitted at any time. Productivity Software Support Application data can be downloaded
to a variety of formats including PDF, XLS, DOC, XML, and CSV. Any productivity suite capable of opening these file
types can be used, such as Microsoft Office and Google Workspace. Data can also be uploaded to the system.
in these formats through the integrated import applications. Most output include hyperlinks to the corresponding.
application record for easy access. Most output can also be automatically archived to Content Manager for
quick retrieval at any time. Some applications also include mail merge support, allowing users to easily create and
maintain form templates for completely customized presentation of application data. Any SMTP/IMAP server can be
used to send email.
‘Plug-and-Play’ Application Support
Plug-and-play application support provides out-of-the-box integrations for a variety of third-party applications through
pre-packaged web services. Tyler develops and maintains these integrations, requiring no development expertise from
the client to configure.
API Catalog (Optional)
Optional API (Application Programming Interface) Toolkits and API Connectors add value to your organization by
enabling you to create your own integrations to share data between Tyler and non-Tyler applications.
API Toolkits contain all exposed resources (or endpoints) available in a specific Tyler application module such as
Enterprise ERP Accounting (General Ledger), Accounts Receivable, or Enterprise Asset Management. API Connectors
contain a subset or cross-section of API Toolkit resources with the purpose of facilitating a specific type of integration
such as third-party cashiering, IVR, or applicant tracking systems.
The API Developer Portal is a powerful RESTful API gateway that makes accessing Tyler application data and processes
through Toolkits and Connectors easy and intuitive. The Portal conforms to OpenAPI 3.0 and is secured with OAuth 2.0
through Tyler Identity. API resources include example calls and produce properly formatted commands, allowing you to
easily exercise them against your data.
The API Developer Portal features include:
• Simplified, structured API documentation
• Industry standard OpenAPI 3.0 interface
Exhibit E
COML Council Packet 6-11-24, Page 641 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 52
• Authentication using OAuth 2.0 standard, offering multiple login flows to suit different app implementation
scenarios.
• Data models and examples for each resource
• Produces HTTP URI and CURL commands to exercise resources from within the documentation and return
data
• Real-time validation
• Standard HTTP status codes
• Documentation to aid in identifying and understanding normal resources used to complete a given
integration.
Integration Strategy
Cityworks AMS (Enterprise Asset Management) understanding - Supported assuming leveraging of applicable
APIs (optional) offered with the Enterprise ERP API Toolkit Bundle (optional); various import/export features
are also available.
Cityworks PLL (Permitting) - Supported assuming leveraging of applicable APIs (optional) offered with the
Enterprise ERP API Toolkit Bundle (optional); various import/export features are also available.
ActiveNet (Parks and Recreation) - Supported assuming leveraging of applicable APIs (optional) offered with
the Enterprise ERP API Toolkit Bundle (optional); various import/export features are also available.
Laserfiche (Document Management – integrate or replace) - Replace – Tyler’s Enterprise ERP and Asset
Management solutions do not include direct integration with third-party Enterprise Content Management
(ECM) solutions. Tyler has proposed Content Manager, an integrated content management solution, to
electronically capture, manage, and retrieve all documents related to Tyler applications. Content Manager
includes a document extract utility to automate document and metadata export to a file system that clients
can use to import to a separate third-party ECM solution. Retrieval of content stored in third-party ECM
solutions directly from Enterprise ERP and Asset Management applications is not supported. Tyler
recommends using the fully integrated Content Manager solution that was built into the Enterprise ERP and
Asset Management solutions. Anything generated out of Enterprise ERP and Asset Management is
automatically stored and indexed back to the corresponding records without any user intervention.
Keldair (Recruiting - integrate or replace) - Replace or integrate – Please refer to Enterprise ERP Recruiting
Product Overview for additional information. Integration supported via leveraging of applicable APIs (optional)
offered with the Enterprise ERP API Toolkit Bundle (optional).
InvoiceCloud (Payment Processing) - Supported assuming leveraging of applicable APIs (optional) offered with
the Enterprise ERP API Toolkit Bundle (optional); otherwise, payment information could be imported assuming
use of compatible import formats.
Databar (Utility Bill Preparation) - Supported assuming this is a bill print vendor and that the vendor can either
consume the standard Tyler XML bill print data export format or receive a file of PDFs downloaded from
Enterprise Forms and provided to the vendor. If this integration serves another purpose, more information is
needed.
Itron (Meter Reading) - Various Itron import/export formats are supported.
Beacon (Meter Reading) - Various Badger import/export formats are supported.
CrewSense (Scheduling) - Can import time information, but Tyler does not currently have an integration with
CrewSense for scheduling. Could potentially replace with Tyler’s Time & Attendance and Advanced Scheduling
solutions.
CivicPlus (Web Information) - Reports and information could be exported and uploaded to CivicPlus, but there
is no direct integration. Tyler also provides Open Data Platform which could potentially replace if desired.
FMLA Management (Future) - FMLA is supported with Enterprise ERP Human Capital Management. If an
interface with a third-party solution is needed, then it would be supported assuming use of compatible export
formats.
Microsoft Office 365 (Office Suite) - Tyler applications include the ability to export data to Microsoft Word
(.docx) and Microsoft Excel (.xlsx) formats and input data from several formats including Excel (.xls, .xlsx) and
comma separated value (.csv) file formats. Any application capable of opening these file types can be used,
Exhibit E
COML Council Packet 6-11-24, Page 642 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 53
such as Google Docs and Sheets. Any SMTP/IMAP server can be used for email relaying, such as Microsoft
Exchange and Gmail. Microsoft Office desktop client is required for the following advanced functionality:
o One of many reporting resources included with Enterprise ERP are OLAP cubes. Microsoft Excel
desktop client for Microsoft Windows is required to create connections to and view cube reports.
o One of several output formats supported with Enterprise ERP is to use Word mail-merge templates.
Microsoft Word desktop client is required to maintain mail-merge templates. Any applicable capable
of opening Microsoft Word file formats (.doc, .docx), such as Google Docs, can view mail-merge
output.
Mobile devices; Apple compatible. - Tyler provides web-based platform agnostic solutions, offering end-users
with on-the-go access from virtually anywhere. Responsive web applications automatically orient screen
layout for optimal user experience, whether accessed from a desktop monitor or mobile device. Tyler also
offers a variety of native mobile apps to better leverage device resources such as GPS or camera; and
integrated store-and-forward functionality allow using apps without a data connection and automatically
syncs when back online. Many back-office browser applications are accessible from mobile devices as well,
including some optimized for touch, providing near identical functionality regardless of the platform or device
used. Tyler continues to develop new apps available on iOS and Android devices to meet evolving needs.
Project Timeline
ERP Project Timeline
The Project Timeline establishes a target start and end date for each Phase of the Project. The timeline needs
to account for resource availability, business goals, size and complexity of the Project, and task duration
requirements. These will be reviewed and adjusted, if needed, during the Initiate and Plan Stage. Refer to
the Project Stages section of this SOW for information on work packages associated with each stage of the
implementation.
The following dates may be revised based on the date the Agreement is signed and further refined during the
course of the project. Tyler requires up to forty-five (45) days to move from Agreement signing to the Initiate
& Plan Stage.
Phase Functional Area(s) Modules Start Date Go-Live Date
Exhibit E
COML Council Packet 6-11-24, Page 643 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 54
1 Financials
Accounting
Accounts Payable
Budgeting
Capital Assets
Cash Management
Contract Management
eProcurement (Vendor Access &
Punch-Out)
Project & Grant Accounting
Purchasing
Accounts Receivable
Cashiering
General Billing
Jan 2024
or as
defined in
the Project
Plan and
mutually
agreed upon
Timeline is
based upon
the COA
being in
place within
six weeks of
project
start.
Oct 2024
or as defined
in the Project
Plan and
mutually
agreed upon
System
Wide/Other
Enterprise Analytics & Reporting w
Executive Insights
Enterprise Forms
Content Manager Core includes
Onboarding
Notify
Enterprise ERP Payments – General
Billing
Utility Billing Payments
2 Human Resources
Management
Payroll with Employee Access
Human Resources & Talent
Management
Recruiting
Time & Attendance w/Mobile Access
April 2024
or as
defined in
the Project
Plan and
mutually
agreed upon
April 2025
or as defined
in the Project
Plan and
mutually
agreed upon
Exhibit E
COML Council Packet 6-11-24, Page 644 of 713
City of Moses Lale
Tyler Technologies, Inc. Page | 55
3 Utility Billing Utility Billing CIS including Graphing
Agent
Utility Billing Meter Interface
Accounts Receivable
Cashiering
Resident Access
GIS
July 2024
or as
defined in
the Project
Plan and
mutually
agreed upon
July 2025
or as defined
in the Project
Plan and
mutually
agreed upon
Exhibit E
COML Council Packet 6-11-24, Page 645 of 713
Exhibit F
Exhibit F
Data & Insights SaaS Services Terms of Service
This Data & Insights SaaS Services Terms of Services governs your use of the following solutions:
Assessment Connect
Open Assessment
Enterprise Permitting & Licensing Business Management Feeds
Enterprise Permitting & Licensing Community Development Feeds
Data & Insights- Enterprise Permitting & Licensing Executive Insights (Comm Dev)
Data & Insights Citizen Connect
Economic Intelligence
Enterprise ERP Analytics & Reporting w Executive Insights
Data & Insights Capital Project Explorer
Data & Insights Citizen Connect
Data & Insights Open Data
Data & Insights Open Finance
Economic Intelligence
Executive Insights, ERP
Court Insights
eFile Insights
Probation/Pre-Trial Insights
Open Finance
Executive Insights (Future)
Economic Intelligence
Law Enforcement Explorer
Citizen Connect
Law Enforcement Analytics
Performance Dashboards
WHEREAS, Tyler has designed, developed, purchased or configured certain computer software systems
which Tyler has designated as Data & Insights SaaS Services and has used such software in support of
commercial and government programs; and
WHEREAS, Client desires to acquire from Tyler and Tyler wishes to grant to Client a non-exclusive license
COML Council Packet 6-11-24, Page 646 of 713
Exhibit F
to use the Data & Insights SaaS Services as further defined, permitted, conditioned, and restricted
below.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the
receipt and sufficiency of which is acknowledged, and in consideration of covenants and obligations
hereinafter set forth, the Parties agree to be bound by the terms and conditions as follows:
These Data & Insights SaaS Services Terms of Service govern the use and license rights associated with
the Data & Insights SaaS Services. The parties are referred to herein individually as Party or collectively
as Parties. Capitalized terms used in these Data & Insights SaaS Services Terms of Service but not
defined herein are defined in the Base Agreement or other agreement with us governing your use of the
Tyler software and services.
SECTION A – DEFINITIONS
“Base Agreement” means the agreement executed by you and Tyler to which you are
adding Data & Insights SaaS Services through signature upon an Order Form. For the
avoidance of doubt, a Base Agreement is not an agreement signed by an entity Tyler
acquired.
“API” means application-programming interface.
“Client Data” means data, datasets, files, information, content and links uploaded or
provided by Client through the use of the Data & Insights SaaS Services but excluding
Third-Party Services.
“Confidential Information” means nonpublic information that a reasonable person
would believe to be confidential and includes, without limitation, personal identifying
information (e.g., Social Security numbers) and trade secrets, each as defined by
applicable state law.
“Dataset” means physical collection of information, typically modeled as a table of rows
and columns of data.
“Data Storage” means the contracted amount of storage capacity for your Client Data.
“Effective Date” means the date subscription start date identified in the Order Form or
Purchase Order.
“External API Calls” means any request made by a user that is not logged in against a
SaaS Service.
“Monthly Active Users” or “Users” used interchangeably, means a user that is logged in
and accesses the Data & Insights SaaS Services.
“Order Form” or “Purchase Order” means an ordering document, referencing or
including a Quote or Investment Summary, specifying the Data & Insights SaaS Services
and any Professional Services to be provided hereunder that is entered into between
Client and Tyler, including any addenda and supplements thereto.
"Quote" or “Investment Summary” means an estimate provided by Tyler for the SaaS
Services or Professional Services.
“Data & Insights SaaS Services” means the Data & Insights off the shelf, cloud-based
software service and related services, including support services, as specified under this
Data & Insights SaaS Services Terms of Service. Data & Insights SaaS Services do not
include support of an operating system or hardware, support outside of our normal
business hours, or training, consulting, or other professional services.
COML Council Packet 6-11-24, Page 647 of 713
Exhibit F
“Data & Insights Agreement” means this Data & Insights SaaS Services Terms of Service
and any special conditions agreed to by the Parties and included in the Order Form.
“Third-Party Data” means an aggregated dataset solution by a third-party data provider
and shall be treated as Confidential Information.
“Third-Party Data Purpose” means to use the Third-Party Data alone or in conjunction
with other intelligence, data, or logic for internal modeling, targeting, measurement,
and internal reporting solely for the benefit of the Client.
“Third-Party Services” means if any, third-party web-based services, content, or
platforms, including but not limited to third party stock photos and third-party map
location services, which are available at no additional charge to you through the Data &
Insights SaaS Services.
“Updates” means any enhancements, additions, new releases, bug fixes, patches,
modifications or other error corrections of or to the SaaS Software or Third-Party Data
licensed to Client that Tyler generally makes available free of charge to licensees of the
solutions.
“we”, “us”, “our” and similar terms mean Tyler.
“you” and similar terms mean Client.
SECTION B – DATA & INSIGHTS SAAS SERVICES
1. Rights Granted. As of the Effective Date, Tyler grants to Client the non-exclusive, non-assignable
limited right to use the SaaS Services on a subscription basis according to the terms of the Base
Agreement and this Data & Insights Agreement. The SaaS Services will be made available to Client
according to the terms of the applicable Service Level Agreement. Client may use the SaaS Services
to access Updates and enhancements to the SaaS Services, as described in herein. Unless otherwise
terminated, Client’s right to access or use the SaaS Services will terminate at the end of the
subscription period defined in the Order Form or Base Agreement, as applicable.
2. SaaS Fees and Usage Limits. Client agrees to pay the fees identified in the Order Form in accordance
with Tyler’s Invoicing and Payment Policy. Client acknowledges that continued access to the Data &
Insights SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay
the SaaS Fees, we may discontinue your access to the Data & Insights SaaS Services. We may also
terminate this Data & Insights Agreement if you don’t cure such failure to pay within forty-five (45)
days of receiving written notice of our intent to terminate. During the subscription period, Tyler
reserves the right to exercise the usage limits set forth in the Order Form. If Client exceeds the
contractual usage limits, Tyler may work with Client to seek to reduce Client’s usage so that it
conforms to that limit. If Client is unable or unwilling to abide by a contractual usage limit, or if
Client wishes to increase usage limits, it will require a written contract amendment, modification, or
Client will execute an Order Form for increased usage limits.
3. Ownership and Reservation of Rights.
a. This Data & Insights Agreement does not provide Client with title or ownership of the Data &
Insights SaaS Services, or Third-Party Data, but only a right of limited use as further delineated
herein. The SaaS Services, other services, workflow processes, user interface, designs, and other
technologies provided by Tyler pursuant to this Data & Insights Agreement are the proprietary
property of Tyler and its licensors. All right, title and interest in and to such items, including all
associated intellectual property rights, remain only with Tyler. Tyler reserves all rights unless
otherwise expressly granted in this Data & Insights Agreement. Client may not remove or modify
COML Council Packet 6-11-24, Page 648 of 713
Exhibit F
any proprietary marking or restrictive legends from items or services provided under this
Agreement. Third-Party Data vendors also retain ownership, title and all rights and interest,
including, without limitation, Intellectual Property Rights in and to their own respective
software, data, and documentation.
b. When Client uploads or provides Client Data through the use of the Data & Insights SaaS
Services, Client grants to Tyler a non-exclusive, worldwide, royalty-free, sub-licensable, and
transferable license during the subscription period to use, reproduce, publicly display, distribute,
modify, create derivative works of, index, and translate the Client Data as needed in response
to, and as directed by, a User’s use of the Data & Insights SaaS Services and as needed for the
compliance of this Data & Insights Agreement and for the purpose of providing analytics to a
User.
c. Tyler may access and develop derivative data assets and insights based on combined,
aggregated, anonymized views of Client Data, that Client has not made publicly available, for the
purposes of providing new features and functionality, and performing aggregated statistical
analysis by providing benchmarks and models.
d. Client retains all ownership and intellectual property rights to the Client Data. Client expressly
recognizes that except to the extent necessary to carry out our obligations contained in this
Data & Insights Agreement, Tyler does not create or endorse any data used in connection with
the Data & Insights SaaS Services.
e. If Client provides feedback, information, and/or or suggestions about the Data & Insights SaaS
Services, or any other services provided hereunder, then Tyler (and those it allows to use its
technology) may use such feedback, information, and/or suggestions under a royalty-free, paid-
up, and irrevocable license without obligation to Client.
4. Restrictions.
a. You may not: (a) except as explicitly provided for herein, make the Data & Insights SaaS Services
or Documentation resulting from the Data & Insights SaaS Services available in any manner to
any third party for use in the third party’s business operations; (b) modify, make derivative
works of, disassemble, reverse compile, or reverse engineer any part of the Data & Insights SaaS
Services; (c) access or use the Data & Insights SaaS Services in order to build or support, and/or
assist a third party in building or supporting, products or services competitive to us; (d) license,
sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit
timesharing or service bureau use, or otherwise commercially exploit or make the Data &
Insights SaaS Services or Documentation available to any third party other than as expressly
permitted by this Data & Insights Agreement; (e) use the Data & Insights SaaS Services to store
or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable,
unlawful or tortious material, or to store or transmit material in violation of third party rights; (f)
interfere with or disrupt the integrity or performance of the Data & Insights SaaS Services
(including without limitation, vulnerability scanning, penetration testing or other manual or
automated simulations of adversarial actions, without Tyler’s prior written consent); or (g)
attempt to gain unauthorized access to the Data & Insights SaaS Services or its related systems
or networks.
b. Client acknowledges and understands that the Data & Insights SaaS Services are not designed to
serve as the system of record and shall not be used in a manner where the interruption of the
Data & Insights SaaS Services could cause personal injury (including death) or property damage.
The Data & Insights SaaS Services are not designed to process or store data protected under the
Family Education Rights and Privacy Act (“FERPA”), data from Criminal Justice Information
Services (“CJIS”), or other sensitive data, and by using the Data & Insights SaaS Services, Client
COML Council Packet 6-11-24, Page 649 of 713
Exhibit F
acknowledges and agrees that Client is using the Data & Insights SaaS Services at Client’s own
risk and that Client is solely responsible for use of data with the Data & Insights SaaS Services in
any manner that is contrary to the uses for which the Data & Insights SaaS Services are designed
and offered for use in this Agreement. If Client intends to use the Data & Insights SaaS Services
to store or transmit Protected Health Information (PHI), then the Parties will scope the
additional usage and it will require a written contract amendment and will include a mutually
agreeable Business Associate Agreement.
c. Although we have no obligation to screen, edit or monitor the Client Data or Public User content
posted on Data & Insights SaaS Services, if, in our reasonable judgment, we discover your use of
the Data & Insights SaaS Services threatens the security, integrity, stability, or availability of the
Data & Insights SaaS Services, or is otherwise in violation of this Data & Insights Agreement, we
may temporarily suspend the Data & Insights SaaS Services, or User access thereto. Unless
Client has conducted penetration testing or unscheduled performance testing, Tyler will use
commercially reasonable efforts to provide Client with notice and an opportunity to remedy
such violation or threat prior to such suspension. Any penetration testing or unscheduled
performance testing conducted by Client will result in immediate suspension of the Data &
Insights SaaS Services.
5. Access and Usage by Internal Client Users and Contractors. You may allow your internal users and
third party contractors to access the Data & Insights SaaS Services and any technical or policy
controls, in compliance with the terms of this Data & Insights Agreement, which access must be for
your sole benefit. You are responsible for the compliance with this Data & Insights Agreement by
your internal users and contractors.
6. Your Responsibilities. Client (a) must keep its passwords secure and confidential; (b) is solely
responsible for all activity occurring under its account; (c) must use commercially reasonable efforts
to prevent unauthorized access to its account and notify Tyler promptly of any such unauthorized
access; (d) may use the Data & Insights SaaS Services only in accordance with the Documentation;
and (e) shall comply with all federal, state and local laws, regulations and policies of Client, as to its
use of the Data & Insights SaaS Services, Client Data, and instructions to Tyler regarding the same.
7. Client Data Backup. The data on the Data & Insights Platform is a copy of Client Data. Any laws and
regulations governing Client for retention of Client Data remains Client’s responsibility. CLIENT IS
SOLELY RESPONSIBLE FOR BACKING UP CLIENT DATA unless otherwise specially agreed in writing
between Tyler and Client in the Tyler hosting Agreement.
8. Return of Client Data. Upon request, Tyler will make the Data & Insights SaaS Services available to
Client to export Client Data for a period of sixty (60) days following the termination of this Data &
Insights Agreement. After such sixty (60) day period has expired, we have no obligation to maintain
Client Data and may destroy the Client Data.
9. Data Security Measures. In order to protect your Confidential Information, we will: (a) implement
and maintain all reasonable security measures appropriate to the nature of the Confidential
Information including without limitation, technical, physical, administrative and organizational
controls, and will maintain the confidentiality, security and integrity of such Confidential
Information; (b) implement and maintain industry standard systems and procedures for detecting,
mitigating, and responding to attacks, intrusions, or other systems failures and regularly test or
otherwise monitor the effectiveness of the safeguards' key controls, systems, and procedures; (c)
COML Council Packet 6-11-24, Page 650 of 713
Exhibit F
designate an employee or employees to coordinate implementation and maintenance of its Security
Measures (as defined below); and (d) identify reasonably foreseeable internal and external risks to
the security, availability, confidentiality, and integrity of Confidential Information that could result in
the unauthorized disclosure, misuse, alteration, destruction or other compromise of such
information, and assess the sufficiency of any safeguards in place to control these risks (collectively,
Security Measures). Client acknowledges and agrees that Tyler’s obligations with respect to Security
Measures is subject to Client Restrictions herein.
10. Notice of Data Breach. If Tyler knows that Confidential Information has been accessed, disclosed, or
acquired without proper authorization and contrary to the terms of this Data & Insights Agreement,
we will alert Client of any such data breach in accordance with applicable law, and take such actions
as may be necessary to preserve forensic evidence and return the Data & Insights SaaS Services to
standard operability. If so required, Tyler will provide notice in accordance with applicable federal or
State data breach notification laws.
11. Confidentiality. In the absence of a corresponding provision in the Base Agreement, the following
provision shall apply:
Each party agrees that it will not disclose any Confidential Information of the other party and further
agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or
agents. The confidentiality covenants contained herein will survive the termination or cancellation
of this Data & Insights Agreement. This obligation of confidentiality will not apply to information
that:
a. is in the public domain, either at the time of disclosure or afterwards, except by breach of
this Data & Insights Agreement by a party or its employees or agents;
b. a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
c. a party receives from a third party who has a right to disclose it to the receiving party; or
d. is the subject of a legitimate disclosure request under the open records laws or similar
applicable public disclosure laws governing this Data & Insights Agreement; provided,
however, that in the event you receive an open records or other similar applicable request,
you will give us prompt notice and otherwise perform the functions required by applicable
law.
SECTION C – WARRANTY
1. SaaS Services Warranty. Tyler warrants to Client that the functionality or features of the Data &
Insights SaaS Services will substantially perform as communicated to Client in writing, or their
functional equivalent, but Tyler has the right to update functionality. The support policies may
change but will not materially degrade during the term. Tyler may deprecate features upon at least
30 days’ notice to Client, but Tyler will use commercially reasonable efforts to support the previous
features for at least 6 months following the deprecation notice. The deprecation notice will be
posted at https://support.socrata.com.
SECTION D – THIRD-PARTY SERVICES
1. Third -Party Services. Client may be provided with access and usage of Third-Party Services through
use of the Data & Insights SaaS Services. Client may use the Third-Party Services at Client’s election,
COML Council Packet 6-11-24, Page 651 of 713
Exhibit F
but Client must agree to such Third-Party Service contracts if Client chooses to use those Third-Party
Services. Third-Party Services will be solely governed by such Third-Party Service contracts and use
may include separate fees and charges.
2. Disclaimer. You acknowledge that we are not the provider of any Third-Party Services. We do not
warrant or guarantee the performance of the Third-Party Services.
SECTION F – TERM
1. Term. Unless the Data & Insights SaaS Services are acquired through a Base Agreement with a
defined term for SaaS Services (in which case that term shall apply), the initial term of the Data &
Insights Agreement is forth in the Order Form. Unless expressly indicated otherwise in the Order
Form, this Data & Insights Agreement and the subscription to the Data & Insights SaaS Services will
renew automatically for additional one (1) year renewal terms unless terminated in writing by either
party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access
or use the Data & Insights SaaS Services or Third-Party Data will terminate at the end of this Data &
Insights Agreement.
SECTION G –LIMITATION OF LIABILITY
1. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS DATA & INSIGHTS
AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY
DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR
CONDITIONS OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. WHILE
TYLER TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO
SECURE THE DATA & INSIGHTS SAAS SERVICES, TYLER DOES NOT GUARANTEE THAT THE DATA
& INSIGHTS SAAS SERVICES CANNOT BE COMPROMISED. YOU UNDERSTAND THAT THE DATA
& INSIGHTS SAAS SERVICES MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.
2. LIMITATION OF LIABILITY. Unless the Data & Insights SaaS Services are acquired through a Base
Agreement with a Limitation of Liability clause (in which case that term shall apply), OUR
LIABILITY FOR DAMAGES ARISING OUT OF THIS DATA & INSIGHTS AGREEMENT, WHETHER
BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY,
SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE THEN-CURRENT
ANNUAL DATA & INSIGHTS SAAS FEES PAYABLE BY YOU. THE PARTIES ACKNOWLEDGE AND
AGREE THAT THE PRICES SET FORTH IN THIS DATA & INSIGHTS AGREEMENT ARE SET IN
RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED
UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY
REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING
LIMITATION OF LIABILITY SHALL NOT APPLY TO THE INDEMNIFICATION OBLIGATIONS UNDER
THE AGREEMENT.
3. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
COML Council Packet 6-11-24, Page 652 of 713
Exhibit F
SECTION H –Additional Terms and Conditions for Data & Insights SaaS Services with Open Data
functionality
1. Tyler may make certain other Tyler Applications available to Client. The use of Open Assessment,
Data & Insights Citizen Connect, Data & Insights Capital Project Explorer, Sorata Citizen Connect,
Data & Insights Open Data, Data & Insights Open Finance, Open Finance, and/or X-Connect
Applications, either alone or in connection with the Data & Insights SaaS Services, is governed by
this Data & Insights Agreement and the Agreement. Client must also comply with the following
terms and conditions when using the above named Applications.
2. The Data & Insights SaaS Services may provide you with functionality to make all or part of Client
Data available to the general public through one or more public facing websites. If the functionality
is provided, then Client determines which Client Data is shared publicly, and Client is solely
responsible for determining the online terms of use and licenses relative to the use by public users
(“Public User”) of Client Data, and the enforcement thereof. Client is responsible to ensure all Users
comply with the terms and conditions of this Amendment. Once an internal user makes Client Data
publicly available using the Data & Insights SaaS Services, Tyler has no control over a Public User’s
use, distribution, or misuse of Client Data. Tyler has no liability or obligation to indemnify for such
usage. If the Data & Insights SaaS Services provide you with this functionality, then Users have the
ability within the Data & Insights SaaS Services to remove the public permissions applied to Client
Data.
3. Tyler reserves the right to develop derivative data assets based on Client Data that exists in the
public domain. Tyler may use, index, disclose, commercialize, and transfer the derivative data assets
for any lawful purpose, including but not limited to: aggregating and summarizing data; normalizing,
standardizing and concatenating data to create new regional or national data assets; and developing
key performance indicators and benchmarks.
4. APIs. The Data & Insights SaaS Services may provide access to the applicable application-
programming interface (“API”) as part of the Data & Insights SaaS Services under the terms of this
Data & Insights Agreement. Subject to the other terms of this Data & Insights Agreement and if the
Data & Insights SaaS Services provides access to the APIs, Tyler grants Client a non-exclusive,
nontransferable, terminable license to interact only with the SaaS Services as allowed by the current
APIs.
a. Client may not use the APIs in a manner--as reasonably determined by Tyler--that exceeds
the purposes defined in the Amendment Investment Summary, constitutes excessive or
abusive usage, or fails to comply with any part of the APIs. If any of these occur, Tyler can
suspend or terminate Client’s access to the APIs on a temporary or permanent basis.
b. Tyler may change or remove existing endpoints or fields in API results upon at least 30 days’
notice to Client, but Tyler will use commercially reasonable efforts to support the previous
version of the APIs for at least 6 months from deprecation notice. Tyler may add new
endpoints or fields in API results without prior notice to Client.
c. The APIs may be used to connect the SaaS Services to certain hosted or on premise software
applications not provided by Tyler (“Non-Tyler Applications”). Client is solely responsible for
development, license, access to and support of Non-Tyler Applications, and Client’s
obligations under this Data & Insights Agreement are not contingent on access to or
availability of any Non-Tyler Application.
d. Any open source code provided is provided as a convenience to you. Such open source code
is provided AS IS and is governed by the applicable open source license that applies to such
code; provided, however, that any such open source licenses will not materially interfere or
prohibit Client’s limited right to use the SaaS Services for its internal business purposes.
COML Council Packet 6-11-24, Page 653 of 713
Exhibit F
SECTION I –Additional Terms and Conditions for Third-Party Data Vendor Solutions/Applications
1. Tyler may make certain Third-Party Data Vendor Applications available to Client. The use of Tyler
Recovery Insights, Economic Intelligence, Small Business Revenue Metrics, Mobility Metrics,
Consumer Spending Metrics, and/or Small Business Revenue Metrics either alone or in
connection with the Data & Insights SaaS Services is governed by this Data & Insights Agreement
and the Agreement. Client must also comply with the following terms and conditions when
using the above mentioned Applications.
2. License Grant for Third-Party Data. Any use of Third-Party Data shall be limited to the Third-
Party Data Purpose. Third-Party Data vendors also retain ownership, title and all rights and
interest, including, without limitation, Intellectual Property Rights in and to their own respective
software, data, and documentation.
3. Restrictions for Third-Party Data.
a. Client shall not at any time, directly or indirectly: (i) copy, modify, or create derivative
works of the Third-Party Data, in whole or in part; (ii) rent, lease, lend, sell, sublicense,
assign, distribute, publish, transfer, or otherwise make available the Third-Party Data;
(iii) re-identify, reverse engineer, disassemble, decompile, decode, adapt, or otherwise
attempt to derive or gain access to the source code of the Third-Party Data, in whole or
in part; (iv) remove any proprietary notices from the Third-Party Data; (v) use the Third-
Party Data in any manner or for any purpose that infringes, misappropriates, or
otherwise violates any intellectual property right or other right of any person, or that
violates any applicable Law; or (vi) make Third-Party Data available to for use or access
to anyone other than Client.
b. Client shall not publicly publish the dashboards that contain the Third-Party Data, but
Client may publicly publish visualizations from the aggregate summary data.
c. Client shall not remove any copyright or other proprietary notice or legend contained or
included in Third-Party Data.
d. Client expressly permits Tyler to share with the Third-Party Data providers Client’s
name, subscription term dates, applicable costs and fees for the Third-Party Data SKU(s)
that Client subscribes to.
e. Upon termination of the Agreement, or of a subscription that contains Third-Party Data,
Client shall remove and destroy all copies of Third-Party Data.
f. If any Third-Party Data is the subject of a legitimate disclosure request under the open
records laws or similar applicable public disclosure laws governing the Agreement;
Client will give Tyler prompt notice and otherwise perform the functions required by
applicable law.
g. Client shall not use the Third-Party Data to attempt to identify behavior of a known
individual for any reason.
h. Client acknowledges and agrees that if the Third-Party Data includes SafeGraph data, up
to .05% of the data will be salted data or seeds used to fingerprint the data provided to
Client.
4. Updates. Tyler may in its sole discretion provide Updates to the Third-Party Data or replace with
functionally equivalent.
5. Third-Party Data Warranty. TYLER DOES NOT WARRANT THE CORRECTNESS,
COMPLETENESS, OR CURRENTNESS OF THE THIRD-PARTY DATA OR THAT
THE FUNCTIONS PERFORMED BY THE THIRD-PARTY DATA WILL MEET
CLIENT’S REQUIREMENTS, THAT THE THIRD-PARTY DATA WILL BE ERROR
FREE, OR THAT ALL THIRD-PARTY DATA DEFECTS ARE CORRECTABLE. THE
COML Council Packet 6-11-24, Page 654 of 713
Exhibit F
FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, THE THIRD-PARTY DATA IS PROVIDED “AS IS”.
COML Council Packet 6-11-24, Page 655 of 713
Exhibit G
Payment Processing Agreement
This Payment Processing Agreement (this “Processing Agreement”) is
made and entered into by and between Tyler Technologies, Inc., a
Delaware corporation (“Tyler”), and Client (the “Merchant”).
ACKNOWLEDGEMENTS
a. By executing this Processing Agreement or an accompanying
Order Form, Merchant is contracting with Tyler to obtain Card processing
services on Merchant’s behalf.
b. Merchant acknowledges that Tyler contracts with a payment processor (a “Processor”), Members, and other third party providers to
provide services under this Processing Agreement, and Merchant hereby
consents to the use of such Processor, Members, and others to provide
such services.
c. To the extent elected in the Order Form, Tyler will provide Client
with eCheck/ACH payment processing services for any eligible account as
a turn-key solution or by presenting ACH Transactions in a NACHA
Standard file submission to Merchant’s Originating Depository Financial Institution (ODFI) as agreed to in the Order Form.ACH Transactions and
Card Transactions may collectively be referred to as “Transactions.”
MEMBER BANK AGREEMENT REQUIRED
a. When Merchant’s customers pay Merchant through Tyler,
Merchant may be the recipient of a Card funded payment. The
organizations that operate these Card systems (such as Visa U.S.A., Inc.
and MasterCard International Incorporated; collectively, the “Associations”)
require that Merchant (i) enter into a direct contractual relationship with an entity that is a member of the Association and (ii) agree to comply with
Association Rules as they pertain to applicable Card Transactions that
Merchant submits through Tyler.
b. Merchant shall complete an application with the Member with
which Tyler has contracted and execute an agreement with such Member
(the “Member Bank Agreement”). By executing a Member Bank
Agreement, Merchant is fulfilling the Association Rule of entering into a
direct contractual relationship with a Member, and Merchant agrees to comply with Association Rules as they pertain to Card Transactions
Merchant submits for processing through the Tyler service.
c. Merchant acknowledges that Tyler may have agreed to be
responsible for some of Merchant’s obligations to a Member for such
Transactions as set forth in the Member Bank Agreement. Member may
debit the Merchant Bank Account for chargebacks, returns, refunds and
other fees, however, in the event Member assesses any such chargeback,
returns, refunds, or other fees to Tyler, Tyler may invoice the same to Merchant.
SETTLEMENT AND CHARGEBACKS
a. Merchants Bank Account. In order to receive funds, Merchant
must maintain a bank account (the “Merchant Bank Account”) at a bank that
is a member of the Automated Clearing House (“ACH”) system and the Federal Reserve wire system. Merchant agrees not to close the Merchant
Bank Account without giving Tyler at least thirty (30) days’ prior written
notice and substituting another bank account. Merchant is solely liable for all fees and costs associated with Merchant Bank Account and for all
overdrafts. Tyler shall not be liable for any delays in receipt of funds or
errors in bank account entries caused by third parties, including but not
limited to delays or errors by the Member Bank or payment processor to
Merchant Bank Account.
b. Settlement. Transactions shall be settled according to the terms
of the Member Bank Agreement using the account(s) which are designated
by Merchant.
c. Chargebacks, Returns and Refunds. Chargebacks, returns and
refunds paid for ACH Transactions shall be paid by Merchant in accordance
with the Member Bank Agreement.
d. Retrieval Requests. Merchant is required by the Associations to
store original documentation, and to timely respond to Retrieval Requests,
of each Transaction for at least six months from the date of the respective
Transaction, and to retain copies of all such data for at least 18 months
from the date of the respective Transaction. Merchant is responsible for
any Chargebacks that result from Merchant’s failure to timely respond to
Retrieval Requests for documentation relating to a Transaction.
FEES AND INVOICING
a. Order Form. Merchant agrees to pay Tyler the fees set forth in or
attached to the Order Form for services provided by Tyler and to which this
Agreement is hyperlinked or attached. This may include fees for Payment
Service Devices or other Equipment that Merchant has elected to purchase
or rent as set forth on the Order Form. Fees for purchase will be invoiced
upon shipment and Fees for rental will be invoiced annually in advance. All
Fees due hereunder are due within 45 days of invoice. The terms and
conditions of such purchase or rental are set forth on Exhibit A attached hereto and incorporated herein.
b. Adjustments to Pricing. By giving written notice to Merchant,
Tyler may change Merchant’s fees, charges and discounts resulting from (i)
changes in Association fees (such as interchange, assessments and other
charges); (ii) changes in pricing by any third party provider of a product or
service used by Merchant; or (iii) other market adjustment. Such new
prices shall be applicable as of the effective date established by the
Association or third party provider, or as of any later date specified in Tyler’s notice to Merchant. In addition, Tyler may update pricing for rental of
Equipment by giving written notice to Merchant at the end of any initial
rental term or when such Equipment is upgraded to a newer model or
replaced in accordance with the pricing set forth on Tyler’s then-current
Order Form.
c. Payment of Fees.
i. Online Payments. For payments that are initiated online, a
convenience fee or service fee may be assessed to the Cardholder for each payment transaction that is paid
electronically using a credit or debit card. Such convenience
fee or service fee is set forth in the Order Form and will be
charged at the time of the transaction to be deposited directly
into a Tyler bank account from which all fees associated with
processing and settling the Card Transactions will be paid.
ii. Over the Counter Payments. For payments that are initiated
in your offices, a service fee may be assessed to the Cardholder for each payment transaction as set forth in the
Order Form, and such fees will be charged at the time of the
transaction to be deposited directly into a Tyler bank account
from which all fees associated with processing and settling
the transactions will be paid. For all other fees, Tyler shall invoice Merchant for services and service fees on a monthly
basis, unless otherwise set forth in the Order Form. Each
invoice shall state the total invoiced amount and shall be accompanied by a reasonably detailed itemization of services
and service fees. Following receipt of a properly submitted
invoice, the Merchant shall pay amounts owing therein thirty
(30) days in arrears.
iii. Absorbed Payments. For payments that are initiated online and/or in-person, the Merchant may elect to pay for all fees
related to the transaction including, without limitation,
interchange fees, dues, assessments, card brand fees, and Tyler fees.
iv. eCheck/ACH Payments. In addition, Tyler shall be
authorized to charge eCheck/ACH fees and other fees
specified in an Order Form to the end user. Unless otherwise
set forth in the Order Form, fees will be charged at the time of
COML Council Packet 6-11-24, Page 656 of 713
Exhibit G
Updated 11/6/23
the transaction to be deposited directly into a Tyler bank
account.
LICENSE
Tyler hereby grants Merchant a non-exclusive, revocable license to use
the Tyler Intellectual Property (as defined in Section 1.c) for the limited
purpose of performing under this Processing Agreement. Merchant shall at all times be responsible for compliance with applicable law and Association
Rules. Unless otherwise provided in a separate agreement between Tyler
and Merchant, any Intellectual Property or machinery provided by Tyler, but
not developed by Tyler, is being licensed or purchased by Merchant directly
from the manufacturer or developer of such machinery or Intellectual Property. Merchant acknowledges that the license granted herein is limited
to Merchant’s use exclusively and that Merchant does not have the right to
sub-license any of the Intellectual Property in either their original or modified form. Merchant agrees that it shall not reverse-engineer,
disassemble or decompile the Intellectual Property. Merchant shall not give
any third party, except Merchant’s employees, access to the Intellectual
Property without Tyler’s prior written consent.
THIRD PARTY PROVIDERS
Tyler may, in its sole discretion, contract with alternate Members,
payment processors or other third party providers to provide services under
this Processing Agreement. In such event, Merchant shall reasonably cooperate with Tyler, including the execution of a new Member Bank
Agreement by Merchant; provided, however, that if the terms and conditions
of the new Member Bank Agreement are substantially different than
Merchant’s existing Member Bank Agreement, then Merchant shall have
the right to terminate this Processing Agreement.
CONFIDENTIAL AND PROPRIETARY INFORMATION
a. Protection of Tyler Confidential and Proprietary Information.
Merchant shall not disclose, disseminate, transmit, publish, distribute, make available, or otherwise convey Tyler Confidential and Proprietary
Information, and Merchant shall not use, make, sell, or otherwise exploit
any such Tyler Confidential and Proprietary Information for any purpose
other than the performance of this Processing Agreement, without Tyler’s
written consent, except: (a) as may be required by law, regulation, judicial, or administrative process; or (b) as required in litigation pertaining to this
Processing Agreement, provided that Tyler is given advance notice of such
intended disclosure in order to permit it the opportunity to seek a protective order. Merchant shall ensure that all individuals assigned to perform
services herein shall abide by the terms of this Section 7(a) and shall be
responsible for breaches by such persons.
b. Judicial Proceedings. If Merchant is requested or required (by
oral questions, interrogatories, requests for information or documents in legal proceedings, subpoena, civil investigative demand, or other similar
process) to disclose any Tyler Confidential and Proprietary Information,
Merchant shall provide Tyler with prompt written notice of such request or requirement so that Tyler may seek protective orders or other appropriate
remedies and/or waive compliance with the provisions of this Processing
Agreement. If, in the absence of a protective order or other remedy or the
receipt of a waiver by Tyler, Merchant nonetheless is legally compelled to
disclose Tyler Confidential and Proprietary Information to any court or tribunal or else would stand liable for contempt or suffer other censure or
penalty, Merchant may, without liability herein, disclose to such court or
tribunal only that portion of Tyler Confidential and Proprietary Information which the court requires to be disclosed, provided that Merchant uses
reasonable efforts to preserve the confidentiality of Tyler Confidential and
Proprietary Information, including, without limitation, by cooperating with
Tyler to obtain an appropriate protective order or other reliable assurance
that confidential treatment shall be accorded Tyler Confidential and Proprietary Information.
c. Security of User IDs and Passwords. Merchant is solely
responsible for maintaining the confidentiality of its user IDs and passwords
and all activities that occur under Merchant’s user IDs, even if fraudulent or
not authorized by Merchant. Merchant acknowledges the heightened risk
associated with access to its User IDs, passwords, transaction and account
information (collectively, “Account Information”). Merchant represents and
warrants that (i) Merchant will comply with applicable Association Rules and applicable law, (ii) Merchant will establish policies and procedures to protect
such information in conformity with Association Rules and applicable law,
including the storage and disclosure of such Account Information, (iii)
Merchant will exercise reasonable care to prevent use or disclosure of
Account Information. Merchant, and not Tyler, will be solely responsible for
all activity, including all approvals, Transactions, chargebacks, returns and
refunds processed, using Merchant’s user IDs and passwords. If a forensic
investigation is initiated by a Card Network, Member, Tyler or Tyler’s
Processor, then Merchant agrees to cooperate with such investigation until
it is complete, including, without limitation, by providing logs related to its
User IDs and passwords and Merchant’s compliance with Association
Rules and applicable law.
REPRESENTATIONS AND WARRANTIES
a. No Actions, Suits, or Proceedings. There are no actions, suits,
or proceedings, pending or, to the knowledge of Tyler, threatened, that shall have a material adverse effect on Tyler’s ability to fulfill its obligations
pursuant to or arising from this Processing Agreement.
b. Compliance with Laws. In performing this Processing
Agreement, Tyler shall comply with all applicable material licenses, legal
certifications, or inspections. Tyler and Merchant shall comply in all material respects with applicable federal, state, and local statutes, laws,
ordinances, rules, and regulations.
c. Ownership. Tyler is a Delaware corporation that is listed for trading on the New York Stock Exchange.
d. Certain Business Practices. Neither Tyler nor any of its
principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this
Processing Agreement by any federal department or agency. Tyler further represents and warrants that it is not listed on any local, state or federal
consolidated list of debarred, suspended, and ineligible contractors and
grantees.
e. Equipment Manufacturer Warranties. Tyler will pass through to
Merchant any applicable manufacturer warranties that apply to Equipment
purchased by Merchant through this Agreement.
f. Disclaimer of Implied Warranties. EXCEPT FOR THE
EXPRESS WARRANTIES PROVIDED IN THIS PROCESSING AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, TYLER HEREBY DISCLAIMS ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
TYLER’S LIABILITY TO MERCHANT FOR DAMAGES ARISING OUT
OF OR IN CONNECTION WITH THIS PROCESSING AGREEMENT,
WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE
LIMITED TO THE TOTAL FEES PAID TO TYLER UNDER THIS
PROCESSING AGREEMENT (NET OF ASSOCIATION
INTERCHANGE, ASSESSMENTS AND FINES) FOR THE SIX
MONTHS PRIOR TO THE TIME THE LIABILITY AROSE.
WHILE BOTH PARTIES ACKNOWLEDGE THAT THIS IS AN
AGREEMENT FOR SERVICES TO WHICH THE UNIFORM
COMMERCIAL CODE DOES NOT APPLY, IN NO EVENT SHALL TYLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR
SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, LOST REVENUES OR PROFITS, OR LOSS OF
BUSINESS OR LOSS OF DATA ARISING OUT OF THIS
PROCESSING AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH
DAMAGE.
INDEMNIFICATION
a. Chargebacks and Refunds. Merchant acknowledges that Tyler
has agreed to be responsible for some of Merchant’s obligations to a
Member for Transactions and Association Rules as set forth in the Member
Bank Agreement. Member should debit the Merchant Account for
chargebacks, returns, refunds, assessments, penalties and fines, and in the event Member assesses any such amounts to Tyler, including any amounts
in excess of the balance of the Merchant Account, Tyler shall invoice the
same to Merchant.
b. Applicable Law and Interpretations: Merchant shall indemnify
and hold harmless Tyler from and against any claim or action related to
Merchant’s violation of applicable law and/or Association Rules including
without limitation any election to apply custom fee structures or customer
surcharges.
c. Intellectual Property.
i. Tyler retains all ownership and copyright interest in and to
any and all intellectual property, computer programs, related
documentation, technology, know how, and processes
COML Council Packet 6-11-24, Page 657 of 713
Exhibit G
Updated 11/6/23
developed by Tyler and provided in connection with this
Processing Agreement (collectively, the “Intellectual
Property”),
ii. Notwithstanding any other provision of this Processing Agreement, if any claim is asserted, or action or proceeding
brought against Merchant that alleges that all or any part of
the Intellectual Property, in the form supplied, or modified by Tyler, or Merchant’s use thereof, infringes or misappropriates
any United States intellectual property, intangible asset, or
other proprietary right, title, or interest (including, without
limitation, any copyright or patent or any trade secret right,
title, or interest), or violates any other contract, license, grant, or other proprietary right of any third party, Merchant, upon its
awareness, shall give Tyler prompt written notice thereof.
Tyler shall defend, and hold Merchant harmless against, any such claim or action with counsel of Tyler’s choice and at
Tyler’s expense and shall indemnify Merchant against any
liability, damages, and costs resulting from such claim.
Without waiving any rights pursuant to sovereign immunity,
Merchant shall cooperate with and may monitor Tyler in the defense of any claim, action, or proceeding and shall, if
appropriate, make employees available as Tyler may
reasonably request with regard to such defense. This indemnity does not apply to the extent that such a claim is
attributable to modifications to the Intellectual Property made
by Merchant, or any third party pursuant to Merchant’s
directions, or upon the unauthorized use of the Intellectual
Property by Merchant.
d. If the Intellectual Property becomes the subject of a claim of
infringement or misappropriation of a copyright, patent, or trade secret or
the violation of any other contractual or proprietary right of any third party, Tyler shall, at its sole cost and expense, select and provide one of the
following remedies, which selection shall be in Tyler’s sole discretion: (a)
promptly replace the Intellectual Property with a compatible, functionally
equivalent, non-infringing system; or (b) promptly modify the Intellectual
Property to make it non-infringing; or (c) promptly procure the right of Merchant to use the Intellectual Property as intended.
TAXES
a. Tax Exempt Status. Merchant is a governmental tax-exempt entity and shall not be responsible for any taxes for any Licensed Property
or services provided for herein, whether federal or state. The fees paid to
Tyler pursuant to this Processing Agreement are inclusive of any applicable
sales, use, personal property, or other taxes attributable to periods on or
after the Effective Date of this Processing Agreement.
b. Employee Tax Obligations. Each party accepts full and
exclusive liability for the payment of any and all contributions or taxes for
Social Security, Workers’ Compensation Insurance, Unemployment Insurance, or Retirement Benefits, Pensions, or annuities now or hereafter
imposed pursuant to or arising from any state or federal laws which are
measured by the wages, salaries, or other remuneration pay to persons
employed by such party for work performed under this Processing
Agreement.
TERM, SUSPENSION, AND TERMINATION
a. Term. The term of this Processing Agreement (the “Term”) shall
commence on the Effective Date and shall continue in effect for three years unless otherwise set forth on an Order Form; provided, however, that at the
end of such initial term, and on each subsequent anniversary of the
Effective Date, the term shall automatically extend for an additional year
unless either party provides, at least ninety (90) days prior to the end of the
then current term, written notice that it does not wish to extend the term or otherwise terminates the agreement for Cause pursuant to Section 12(b).
Notwithstanding the foregoing, Tyler may elect to cease providing payment
processing services upon the termination or expiration of Tyler’s other
agreement with Client to provide Tyler software or services.
b. Termination for Cause. Either party may terminate this
Processing Agreement for Cause, provided that such party follows the
procedures set forth in this Section(b).
i. For purposes of this Section, “Cause” means either:
A. a material breach of this Processing Agreement,
which has not been cured within ninety (90)
days of the date such party receives written
notice of such breach;
B. the failure by Merchant to timely pay when due
any fees owed to Tyler pursuant to this
Processing Agreement and any delinquent
amounts remain outstanding for a period of thirty
(30) days after Tyler provides written notice of its
intent to terminate for failure to pay;
C. breach of Section 0; or
D. if Tyler becomes insolvent or bankrupt, or is the
subject of any proceedings relating to its
liquidation or insolvency or for the appointment of a receiver or similar officer for it, has a
receiver of its assets or property appointed or
makes an assignment for the benefit of all or
substantially all of its creditors, or institutes or
causes to be instituted any proceeding in bankruptcy or reorganization or rearrangement
of its affairs.
ii. No party may terminate this Processing Agreement under Section 12 b(i)(A) unless it cooperates in good faith with
the alleged breaching party during the cure period and
complies in good faith with the dispute resolution
procedures set forth in Section 0 following such period.
iii. In the event either party terminates this Processing Agreement pursuant to this Section(b), each party shall
return all products, documentation, confidential information,
and other information disclosed or otherwise delivered to the other party prior to such termination, all revocable
licenses shall terminate.
c. Survival. The following provisions shall survive after the Term of
this Processing Agreement: 2(c); 0; 0(c); 0; 0; 0; 0; 0; 0; and 0.
DISPUTE RESOLUTION
Any dispute arising out of, or relating to, this Processing Agreement
that cannot be resolved within five (5) Business Days shall be referred to
the individual reasonably designated by Merchant and Tyler’s representative assigned to Merchant’s account (“Intermediary Dispute
Level”). Any dispute that cannot be resolved in ten (10) Business Days at
the Intermediary Dispute Level shall then be referred to Merchant’s chief
executive officer or other individual reasonably designated by Merchant and
Tyler’s applicable division President (“Executive Dispute Level”), at such time and location reasonably designated by the parties. Any negotiations
pursuant to this Section are confidential and shall be treated as
compromise and settlement negotiations for purposes of the applicable rules of evidence. For any dispute that the parties are unable to resolve
through informal discussions or negotiations or pursuant to the dispute
resolution and escalation procedures set forth in this Processing
Agreement, the parties shall submit the matter to non-binding mediation
prior to the commencement of any legal proceeding. The foregoing shall not apply to claims for equitable relief under Section 0.
MISCELLANEOUS
a. Assignment. Neither party may assign this Processing Agreement or any of its respective rights or obligations herein to any third
party without the express written consent of the other party, which consent
shall not be unreasonably withheld.
b. Cumulative Remedies. Except as specifically provided herein,
no remedy made available herein is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in
addition to every other remedy provided herein or available at law or in
equity.
c. Notices. Except as otherwise expressly specified herein, all
notices, requests or other communications shall be in writing and shall be
deemed to have been given if delivered personally or mailed, by certified or
registered mail, postage prepaid, return receipt requested, to the parties at
their respective addresses set forth on the signature page hereto, or at such other addresses as may be specified in writing by either of the parties. All
notices, requests, or communications shall be deemed effective upon
personal delivery or three (3) days following deposit in the mail.
Notwithstanding the foregoing, notice shall be deemed delivered when
provided in connection with billing or invoicing.
d. Counterparts. This Processing Agreement may be executed in
one or more counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same instrument.
e. Waiver. The performance of any obligation required of a party
herein may be waived only by a written waiver signed by the other party,
which waiver shall be effective only with respect to the specific obligation
described therein.
COML Council Packet 6-11-24, Page 658 of 713
Exhibit G
Updated 11/6/23
f. Entire Agreement. This Processing Agreement constitutes the
entire understanding and contract between Tyler and Merchant for payment
processing services (as detailed in an Order Form) and supersedes any
and all prior or contemporaneous oral or written representations, contracts or communications with respect to the subject matter hereof.
g. Amendment. This Processing Agreement shall not be modified,
amended, or in any way altered except by an instrument in writing signed by the properly delegated authority of each party. All amendments or
modifications of this Processing Agreement shall be binding upon the
parties despite any lack of consideration.
h. Severability of Provisions. In the event any provision hereof is
found invalid or unenforceable pursuant to judicial decree, the remainder of this Processing Agreement shall remain valid and enforceable according to
its terms.
i. Relationship of Parties. The parties intend that the relationship between the parties created pursuant to or arising from this Processing
Agreement is that of an independent contractor only. Neither party shall be
considered an agent, representative, or employee of the other party for any
purpose.
j. Governing Law. Any dispute arising out of or relating to this Processing Agreement or the breach thereof shall be governed by the laws
of the state of Merchant’s domicile, without regard to or application of
choice of law rules or principles.
k. Audit. Tyler shall maintain complete and accurate records of all
work performed pursuant to and arising out of this Processing Agreement.
Merchant may, upon the written request, audit any and all records of Tyler
relating to services provided herein. Merchant shall provide Tyler twenty-
four hour notice of such audit or inspection. Tyler shall have the right to exclude from such inspection any Tyler Confidential and Proprietary
Information not otherwise required to be provided to Merchant as a part of
this Processing Agreement. Any such audit shall be conducted at Tyler’s principal place of business during Tyler’s normal business hours and at
Merchant’s sole expense.
l. No Third Party Beneficiaries. Nothing in this Processing
Agreement is intended to benefit, create any rights in, or otherwise vest any
rights upon any third party.
m. Contra Proferentem. The doctrine of contra proferentem shall
not apply to this Processing Agreement. If an ambiguity exists in this
Processing Agreement, or in a specific provision, neither the Agreement nor the provision shall be construed against the party who drafted the
Agreement or provision.
n. Force Majeure. No party to this Processing Agreement shall be
liable for delay or failure in the performance of its contractual obligations
arising from any one or more events that are beyond its reasonable control, including, without limitation, acts of God, war, terrorism, and riot. Upon
such delay or failure affecting one party, that party shall notify the other
party and use all reasonable efforts to cure or alleviate the cause of such delay or failure with a view to resuming performance of its contractual
obligations as soon as practicable. Notwithstanding the foregoing, in every
case the delay or failure to perform must be beyond the control and without
the fault or negligence of the party claiming excusable delay. Any
performance times pursuant to or arising from this Processing Agreement shall be considered extended for a period of time equivalent to the time lost
because of any delay that is excusable herein. This section does not
excuse any party from payment obligations under this Processing Agreement.
o. Equitable Relief. Each party covenants, represents, and
warrants that any violation of this Processing Agreement by such party with
respect to its respective obligations set forth in Section 0 shall cause
irreparable injury to the other party and shall entitle the other party to extraordinary and equitable relief by a court of competent jurisdiction,
including, without limitation, temporary restraining orders and preliminary
and permanent injunctions, without the necessity of posting bond or
security.
CERTAIN DEFINITIONS
a. Association means a group of Card issuer banks or debit networks
that facilitates the use of payment cards accepted under this Processing
Agreement for processing, including, without limitation, Visa,U.S.A., Inc., MasterCard International, Inc., Discover Financial Services, LLC and other
credit and debit card providers, debit network providers, gift card and other
stored value and loyalty program providers. Associations also includes the Payment Card Industry Security Standards Council and the National
Automated Clearinghouse Association.
b. Association Rules means the bylaws, rules, and regulations, as
they exist from time to time, of the Associations.
c. Card or Payment Card means an account, or evidence of an account, authorized and established between a Cardholder and an
Association, or representatives or members of a Association that Merchant
accepts from Cardholders as payment for a good or service. Payment Instruments include, but are not limited to, credit and debit cards, stored
value cards, loyalty cards, electronic gift cards, authorized account or
access numbers, paper certificates and credit accounts.
d. Cardholder means the person to whom a Card is issued or who
is otherwise entitled to use a Card.
e. Chargeback means a reversal of a Card sale Merchant
previously presented pursuant to Association Rules.
f. Member or Member Bank means an entity that is a member of the Associations.
g. Order Form means a document listing the pricing associated with
this Processing Agreement.
h. Processing Agreement means this Payment Card Processing
Agreement, including all exhibits attached hereto and to be attached throughout the Term of this Processing Agreement, all of which are
incorporated by reference herein.
i. Retrieval Request means a request for information by a Cardholder or Card issuer relating to a claim or complaint concerning a
Card sale Merchant has made.
j. Transaction means the evidence and electronic record of a sale
or lease transaction representing payment by use of a Card, echeck/ACH,
digital payment or of a return/refund/credit to a Cardholder or any other payor.
k. Tyler Confidential and Proprietary Information means all
information in any form relating to, used in, or arising out of Tyler’s operations and held by, owned, licensed, or otherwise possessed by Tyler
(whether held by, owned, licensed, possessed, or otherwise existing in, on
or about Tyler’s premises or Merchant’s offices, residence(s), or facilities
and regardless of how such information came into being, as well as
regardless of who created, generated or gathered the information), including, without limitation, all information contained in, embodied in (in
any media whatsoever) or relating to Tyler’s inventions, ideas, creations,
works of authorship, business documents, licenses, correspondence, operations, manuals, performance manuals, operating data, projections,
bulletins, customer lists and data, sales data, cost data, profit data, financial
statements, strategic planning data, financial planning data, designs, logos,
proposed trademarks or service marks, test results, product or service
literature, product or service concepts, process data, specification data, know how, software, databases, database layouts, design documents,
release notes, algorithms, source code, screen shots, other research and
development information and data, and Intellectual Property. Notwithstanding the foregoing, Tyler Confidential and Proprietary
Information does not include information that: (a) becomes public other than
as a result of a disclosure by Merchant in breach hereof; (b) becomes
available to Merchant on a non-confidential basis from a source other than
Tyler, which is not prohibited from disclosing such information by obligation to Tyler; (c) is known by Merchant prior to its receipt from Tyler without any
obligation of confidentiality with respect thereto; or (d) is developed by
Merchant independently of any disclosures made by Tyler.
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COML Council Packet 6-11-24, Page 659 of 713
Exhibit G
Updated 11/6/23
Exhibit A
Payment Service Devices/Equipment – Rental and Purchase
This Exhibit A is incorporated into that certain Payment Processing Agreement between Tyler and
Merchant (the “Processing Agreement”).
1. TERMS APPLICABLE TO BOTH PURCHASE AND RENTAL OF EQUIPMENT
a. Generally. Tyler will provide PCI-compliant Payment Service Devices as elected by Merchant and described in the Order Form
and related equipment for rent or purchase during the term of this Agreement for the fees set forth in the Order Form.
b. Shipping Timelines. Tyler shall ship newly-requested Payment Service Devices (and associated supplies, such as printers,
cables, power supplies, mounting hardware or other equipment identified in an Order Form) (“Equipment”) to Merchants within (a) 14 calendar days of the request or (b) 14 calendar days prior to payment service commencement/go-live, whichever is later. Tyler shall ship
failure-related replacement Equipment to Merchants within two (2) Business Days of a written request. Shipping timelines are subject to
Payment Service Device availability by the applicable manufacturer or supplier and shall be extended until such devices become available.
c. Delivery and Acceptance. Tyler will deliver the Equipment to the location designated by Merchant in the Order Form. If an
address for delivery is not expressly designated in the Order Form, such Equipment will be delivered to Merchant’s address otherwise set
forth in the Order Form. Merchant will be deemed to have accepted each piece of Equipment on the earlier of (i) when Merchant
acknowledges receipt, and (ii) seven days after shipment of each such piece of Equipment, unless Tyler is notified earlier in writing by
Merchant that the Equipment has not been received or is not functional.
d. Rights and Restrictions. Tyler shall process payments received from Merchant’s Payment Service Devices provided by Tyler.
Merchant acknowledges that the Payment Service Devices are embedded with proprietary encryption technology that will be injected by
Tyler’s designee into the Payment Services Devices. Merchant agrees that all of Merchant’s over-the-counter Transactions processed through a Tyler application will be required to use Payment Service Devices provided by Tyler. Merchant will maintain each Payment
Service Device in its possession and will not permit any physical alteration or modification of any piece of Equipment. Each piece of
Equipment will be used only in the ordinary course of Merchant’s business in connection with Tyler applications. The Equipment is not
being sold or rented to the Merchant for home or personal use. Merchant acknowledges that the Equipment rented or purchased
through this Exhibit may not be compatible with another processor’s systems. Merchant hereby grants Tyler a security interest in (i) all Equipment to secure payment of the purchase price, and (ii) all Equipment to secure payment of the monthly rental payments. Merchant
authorizes Tyler to file financing statements with respect to the Equipment in accordance with the Uniform Commercial Code, signed by Tyler
directly or as Merchant’s attorney-in-fact.
e. Change Notice. Tyler shall provide thirty (30) calendar days written notice for Equipment changes that affect Merchants, which
includes, without limitation, when Tyler will no longer support a Payment Service Device. Tyler will only be obligated to replace Equipment
when a Payment Service Device is no longer capable of functioning or Tyler ends support of the specific make and model of the Equipment.
f. PCI DSS Compliance. Each party understands and agrees to comply with PCI DSS and any amendments thereto. Merchant
shall be responsible for compliance with PCI DSS version 3.2.1 and any more current versions regarding the Payment Service Devices, including, but not limited to, the maintenance, inspection, and training obligations set forth in PCI DSS Requirement 9.9.
2. TERMS APPLICABLE ONLY TO EQUIPMENT PURCHASED
Tyler will sell to Merchant the Equipment identified in the Order Form, free and clear of all liens and encumbrances, expect that any
proprietary encryption technology included within the Payment Service Devices or any other Tyler Intellectual Property will be provided to you
pursuant to the License set forth in Section 5 of the Agreement. Maintenance and repair of Merchant-purchased Equipment is the responsibility of Merchant, unless Merchant has purchased Tyler’s maintenance services for Payment Service Devices.
3. TERMS APPLICABLE ONLY TO EQUIPMENT RENTAL a. Tyler will rent to Merchant the Equipment identified in the Order Form, as set forth herein. The rental period will commence when
the Equipment is deemed accepted. At the end of the rental term identified in an Order Form or when the Agreement is terminated,
Merchant will promptly return each piece of Equipment to Tyler at Merchant’s cost, in the same condition as when received, ordinary wear and tear excepted, unless otherwise directed by Tyler. The rental period will terminate when Equipment is returned to Tyler at 840 West
Long Lake Road, Detroit, Michigan 48098, Attention: Tyler Payments, or at an earlier date specified by Tyler in writing. The following
information must be included within the shipping box: (i) Merchant name, complete address and phone number; (ii) name of person to
contact if there are any questions; (iii) your Merchant account number; and (iv) serial number of the Equipment. Merchant will retain proof of
delivery documents and the applicable serial number. For any piece of Equipment that is not returned to Tyler in accordance with this paragraph, Merchant will pay Tyler the greater of $250.00 or the fair market value of such piece of Equipment as if it were in the condition
described herein.
b. Merchant will not assign its rights or obligations under this Exhibit, or pledge, lend, create a security interest in, incur any liens or encumbrances on, or sublease the Equipment to any other person or entity without Tyler’s prior written consent. Any such assignment,
delegation, sublease, pledge, security interest or lien in the absence of consent shall be void.
c. The provisions of this Exhibit will survive the termination or expiration of the Agreement and continue until all rented Equipment is
returned to Tyler or paid for.
COML Council Packet 6-11-24, Page 660 of 713
List of Potential Modules for City of Moses Lake, WA ERP Solution
The following table provides a listing of the modules proposed based on discussions and demonstrations with the City and RFP process. Some
modules are included as Optional, as there should be further discussion as to the City’s priorities. These can be moved in scope to be in final
contract or purchased a later phase of the project.
Tyler Financials EERP Product Module Description Notes/Questions
Accounting/GL (General Ledger) –
Concurrent user based
Provides the core accounting and general ledger functions; fully integrated
with all other Tyler Enterprise ERP (EERP) applications.
Proposed and demonstrated in
2023
Accounts Payable
Concurrent user based
Provides the ability to manage and maintain all aspects of vendor invoice,
payment, tracking and history. Fully integrated with all other Tyler Enterprise
ERP (EERP) applications.
Proposed and demonstrated in
2023
Budgeting
Concurrent user based
Budgeting allows users to manage existing and projected budgets and create
an unlimited number of budget projections in summary or detail— then
produce worksheets and proposed budget reports for review; fully integrated
with all other EERP applications.
Proposed and demonstrated in
2023
Capital Assets
Concurrent user based
Manages the record-keeping of all fixed assets such as land, buildings,
machinery and equipment, construction in progress, and infrastructure; create
asset records from purchase orders or directly from invoices; fulfill auditors’
requirements; and improve transparency; simplify record maintenance and
reporting by tying an unlimited number of individual assets to master assets;
track items transferred, missing, not in use, or due for maintenance or
replacement; calculate depreciation by selective methods such as composite
rate; and report on the depreciation schedule. Fixed Assets provides a
complete set of financial statements reflecting investments.
Proposed and demonstrated in
2023
Cash Management
Concurrent user based
Provides tools that work with Disbursement and Check Reconciliation
functions from Accounts Payable and Payroll to reconcile cash accounts (book
balance) with corresponding bank accounts (bank balance).
Proposed and demonstrated in
2023
COML Council Packet 6-11-24, Page 661 of 713
Contract Management
Concurrent user based
Provides ability to create and approve contracts, including multi-year
contracts, for purchases; encumber the appropriate funds in advance, before
details such as quantities and delivery dates are known; create requisitions,
purchase orders and invoices that refer to the contract.
Proposed and demonstrated in
2023
Project & Grant Accounting
Concurrent user based
Manages multi-year budgets, expenditures and revenues for their user-
defined projects such as capital improvements, special programs, etc.
Proposed and demonstrated in
2023
Purchasing
Concurrent user based
EERP Purchasing is a bundling for Purchase Orders and Requisitions functions. Proposed and demonstrated in
2023
eProcurement/Vendor Access Vendors access to their personal/business information, as well as invoices and
bid information/requirements. Interfaces with Bids and Quotes. Also provides
shopping cart/punch in-punch out.
Proposed and demonstrated in
2023
Human Capital Management Module Description
Time and Attendance Time and Attendance requirements for clocks, proximity readers, etc. Proposed and demonstrated in
2023
Time and Attendance Mobile
Access
Mobile access to Time and Attendance Proposed and demonstrated in
2023
Human Resources & Talent
Management
Concurrent user based
Provides immediate access to job-related information at all stages of
employment: from personal information (emergency contact, address, phone
number) and education/ certifications to benefit elections and wages,
promotions and disciplinary history. Strict security ensures that only
designated employees are capable of accessing employee records. Full
integration with Munis Payroll and Budget, and ESS so changes to employee
data records are electronically transferred to Payroll. Employs Workflow to
manage personnel actions including inquiries, leave, termination, civil service,
attendance, reinstatement, etc. workforce decisions.
Proposed and demonstrated in
2023;
COML Council Packet 6-11-24, Page 662 of 713
Recruiting
Concurrent user based
Managing online applications; resume processing and evaluation; tracking
applicant information; scheduling interviews; building personnel records for
new hires; monitoring and reporting on the status of all job requisitions and
applicants; creating customized conditions and applications for each position;
and creating reports of top scoring candidates to compare skills and
qualification.
Proposed and demonstrated
2023
Payroll with Employee Access
Concurrent user based
(Note Employee Access Portal is
unlimited for employees)
Provides paperless payroll process; and streamline timesheet entry and ensure
all local, state and federal requirements are met. Employee Access gives
employees access to update personal information, request leave, or check
compensation securely over the Web.
Proposed and demonstrated in
2023;
Revenue Management Module Description
Accounts Receivable Collections of miscellaneous cash and the collection of billed receivables. It's
used for over-the-counter or mailed payments for non-billed items.
Proposed and demonstrated in
2023;
Tyler Cashiering Centralized cashiering/POS system. It integrates with local resources such as
OCR and handheld bar code scanners, printers, validators and MICR devices,
offers secure credit card processing features, is compliant with PCI/PA-DSS
security standards, and offers full Check-21 compliance.
Proposed and demonstrated in
2023;
General Billing Create invoices and bills for miscellaneous charges such as rented building
space, charges for parking spaces, or certain types of permits not covered by
the other Munis revenue applications.
Proposed and demonstrated in
2023;
Utility Billing
Utility Billing supports all billing functions such as billing water, sewer, electric,
gas and so on, and keep multiple billing cycles active at the same time.
Features include unlimited user-defined fields for account location master,
account customer, services, etc.; drill-down into individual service orders with
the ability to view details before approving; rule establishment to
print/complete only approved orders; and easy account setup.
Proposed and demonstrated in
2023;
COML Council Packet 6-11-24, Page 663 of 713
Resident Access Provides citizens with access to key information via the Internet so they can
pay taxes, check and pay utility bills, or file a non-emergency request.
Information is extracted directly from the EERO database in real time.
Integrates with Tyler Payments.
Proposed and demonstrated in
2023;
Utility Billing Meter Interface
Meter reading interface. Proposed and demonstrated in
2023;
Tyler GIS Tyler GIS provides integration to the City’s ESRI GIS system. Can be access
from any location data, including Capital Assets and Utility Billing modules.
Proposed and demonstrated in
2023
Content Management Module Description
Tyler Content Manager Core
Concurrent user
Tyler's content management (TCM) solution; The TCM suite includes all the
critical components of content management including backfile scanning,
indexing and redaction, micrographics conversion, disaster recovery, and
highly secure off-site document storage. TCM also works with third-party
applications, using Batch Print Capture to print multiple documents directly
into TCM.
Demonstrated in 2023 and
proposed
Tyler Enterprise Forms Processing
(now referred to as Enterprise
Forms)
Concurrent user
Provides automated, multi-destination output with e-deliver documents like
Direct Deposit Advice, PO’s, or Invoices. Users can archive electronic copies of
forms to a Document Management System in PDF or
TIFFformats.
Seamless software integration with Tyler Content Manager. This includes
direct-print-to-archive processing using Tyler Content Manager.
Demonstrated in 2023 and
proposed
Data & Insights Module Description
Analytics & Reporting with
Executive Insights
Provides programming features so each organization can extend and
customize reporting functionality. Presents data in a way that’s most
meaningful to the audience, meets ACFR, GASB, 3402 (t),and other regulatory
compliance, translates complex data into easily-understandable report
formats.
Demonstrated in 2023 and
proposed;
COML Council Packet 6-11-24, Page 664 of 713
ACFR Statement Builder ACFR Builder is Tyler’s own report builder for building certified annual financial
reports. Produces GASB-compliant statements, reporting financial position in
both the modified and full-accrual basis. Guides users through the process of
taking data from their GL system and converting it to full-accrual, while
keeping the modified basis intact. The GASB rules are embedded in the ACFR
Statement Builder and when the GASB requirements change, the ACFR
Statement Builder is updated.
Demonstrated and proposed
Additional ERP Modules
Proposed in OPTIONAL
Module Description Notes/Questions
Financial Modules in Optional
ACFR Statement Builder ACFR Builder is Tyler’s own report builder for building certified annual financial
reports. Produces GASB-compliant statements, reporting financial position in
both the modified and full-accrual basis. Guides users through the process of
taking data from their GL system and converting it to full-accrual, while
keeping the modified basis intact. The GASB rules are embedded in the CAFR
Statement Builder and when the GASB requirements change, the ACFR
Statement Builder is updated.
Included in Optional
Bid Management Supports the entire procurement solicitation process; consolidates buyer
activity into single, central application; integrates with eProcurement (Vendor
Access) and Contract Module.
Proposed in Optional
Human Resources Modules in
Optional
COML Council Packet 6-11-24, Page 665 of 713
Employee Expense
Reimbursement
Concurrent user based
EER functionality includes auto-populated expense report creation (data
pulled from PR), system-generated travel request and invoice reimbursement
numbers, and general ledger account codes. Users can create an unlimited
number of expense claim form templates; choose whether employees submit
reports before or after expenses are incurred; and decide whether to
reimburse through payroll or by cutting an AP check. The claim automatically
is entered into the workflow process, where workflow rules can be set up to
direct expense reports to different approvers based on user-defined account
codes, amount and department codes.
Proposed in Optional.
Advanced Scheduling
Priced based on estimated users
for the module.
Tyler’s scheduling system for 24/7 staff. Typically used for Police Public Works,
Fire. Advanced Scheduling can be used for complex shift and scheduling needs,
viewable within Tyler EERP self service portal and allows employees and
supervisors to view additional information related to specific shifts and
schedules.
Demonstrated in 2023;
proposed in Optional
Advanced Scheduling Mobile
Access
Priced based on estimated users
for the module.
Mobile access for Advanced Scheduling users. Demonstrated in 2023;
proposed in Optional
Risk Management Manage risks such as job-related injuries and property damage - they can
track, manage and pay property and causality claims; handle them from the
initial claim to related expenditures; track claim activity; record expenses,
recoveries and estimated costs.
Not requested/not proposed.
Revenue Management Module
Options
Smart Meter Access Designed for utilities currently using an Advanced Metering Infrastructure
(AMI) system along with Resident Access™, Tyler Smart Meters™ minimizes
office calls by expanding customer self-service options, giving your employees
new tools to quickly resolve billing and service issues. Using advanced
analytics, Tyler Smart Meters monitors consumption for all accounts in your
Not proposed, and not
provided in Optional
COML Council Packet 6-11-24, Page 666 of 713
service area. When problems are identified, your customers can be proactively
alerted via text message, phone call, or email.
Civic Services/Enterprise Asset
Management Module Options
Enterprise Service Requests ESR is a web-based solution that effectively manages a municipality’s non-
emergency inquiries, complaints, and service requests
Not requested; provided as
informational only
Asset Maintenance & Asset
Performance
Tyler's work order and asset management product built with a focus on
management of work orders - integrates fully with EERP, EPL GL, Payroll and
Inventory/Purchasing.
Not requested; provided as
informational only. Please note
Utility Billing module includes a
subset of asset maintenance
functionality for service order
management.
Data Insights Options
Open Finance
Unlimited access
Tyler's financial data transparency portal; Open Finance organizes ERP
financial data into a highly consumable, interactive, contextualized visual
interface as a solution to meet the public’s need to understand government
finances.
Demonstrated in 2023;
proposed in Optional
Capital Projects Explorer Organizes capital project data for public viewing, drill down capability. Demonstrated, proposed in
optional.
Economic Intelligence Economic Intelligence delivers leading indicator data to state and local
government leaders for measuring the impact of economic programs.
Packaging exclusive commercial economic data at the census-tract level in an
intuitive interface allows you to derive insights on day one and monitor
economic trends affecting your community
Demonstrated, not proposed
and not in optional in original
bid
COML Council Packet 6-11-24, Page 667 of 713
Additional
DocuSign Signature Service-
Annual Fee
Unlimited access
Tyler’s integration with Docusign Signature capture platform. Must be licensed
with Docusign to use.
Not demonstrated
Tyler Notify (additional SMS and
voice minutes available)
Tyler Notify is a platform designed specifically to work with Tyler products, and
allows users to create and send customized messages via phone, email and
text message in a secure, audited environment
Demonstrated and proposed;
useful for Utility Billing
automated messaging with
customers.
Additional Modules Not included
SnapLogic SnapLogic is integration platform as a service (IPaaS) Tyler supports that
utilizes fewer coding easier than ever to integrate your third-party software
with our powerful solutions reducing the amount of coding typically necessary
for API programming. The SnapLogic platform is HTML5-based and delivered
as a multi-tenant cloud service. It uses snaps to easily connect any
combination of SaaS and on-premises applications and data sources.
SnapLogic provides snaps for all styles of integration — batch, real-time, and
streaming for both structured and unstructured data.
Only necessary if APIs are
purchased and intended to be
used for integration purposes.
For now, standard imports and
exports are assumed for
integrations.
3rd Party Applicant Tracking API
Connector
API for connecting with third party AT systems; can use New Hire Import out of
the box.
Available as alternative to New
Hire Import
Accounts Receivable API Toolkit API for integration with third party AR systems Available as alternative to
import functionality
General Ledger API Toolkit API for integration with third party systems to update Tyler GL Available if import/export
functionality is not desired.
Recruiting API Toolkit API for integration with Tyler’s Recruiting system Not requested
COML Council Packet 6-11-24, Page 668 of 713
Tyler Detect
(now referred to as Managed
Detection and Response)
Single server module
Tyler’s cyber threat detection monitoring solution for across City’s entire
network. Available as a free 30 day trial upon contract execution
Not requested or proposed
Asset Mobile
Concurrent user based
Asset bar code scanning system ;
Barcode kit costs are provided in Hardware Section of quote.
Not proposed; not included in
Optional
Inventory & Inventory Mobile Munis Inventory manages all inventory accounting automatically,
including on-hand balances, month-to-date (MTD) and year-to-date
(YTD) values.; Inventory Mobile is the barcode scanning/printing
component
Not proposed; not included in
Optional
COML Council Packet 6-11-24, Page 669 of 713
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Mayor and City Council 18029
Kevin Fuhr, City Manager Administration
6/11/2024 Consent Agenda
Ground Works Lease Extension
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 Ground Works lease extension through September 30, 2030.
Ground Works Lease Agreement Extension-2024.pdf 97.91KB
The City entered into a lease agreement with Ground Works Three, LLC in September of 2019 for the purpose
of creating the Open Doors Sleep Center. The current lease is set to expire on September 30, 2025. The City
has acquired funding to install new sleeping units, new bathrooms units, and a new office. The City will also be
making significant improvements to the site to accommodate the new structures. With the amount of
improvements being made to the site, I requested and received approval from the property owner to extend the
lease to 2030.
The City will be required to pay the lease through September 2030.
Options and Results
Approve the lease agreement through 2030.
Staff will bring back options for recommended changes.
Let the current lease expire in September 2025.
COML Council Packet 6-11-24, Page 670 of 713
COML Council Packet 6-11-24, Page 671 of 713
COML Council Packet 6-11-24, Page 672 of 713
COML Council Packet 6-11-24, Page 673 of 713
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Kevin Fuhr, City Manager 18000
Doug Coutts, Director
Parks, Recreation, and
Cultural Services
6/11/2024 Consent Agenda
2024 Ice Arena Chiller Plant Project Request for Proposals
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
141,644.58$0.00$0.00$
Staff recommend Council move to authorize the City Manager to execute an agreement for the 2024 Ice Arena
Chiller Project with Applied Industrial Systems for a total of $141,644.58.
Applied Industrial Systems RFP-Ice Arena Chiller Plant Renovation
Project (002).pdf 432.02KB
Budget Amendment-Ice Arena Chiller Plant Project.pdf 157.68KB
Last November the controls for the chiller plant failed requiring a complete renovation of the system with
aftermarket controls. The overall initial estimate by the insurance company for the work came to $122,365. The
insurance company initially allocated $38,500 after non-eligible expenses and the city's deductible to the City for
this project. Anticipating higher costs for the project than the initial estimate based on time to get through the
project bidding and inflation, staff added 10% to the estimate and applied for an ARPA grant from the County for
$96,500 which with the $38,500 insurance payout comes to the total of $135,000. Since that time, the City Clerk
has submitted out Temporary Chiller usage to insurance and we have paid the deductible for this incident,
increasing our insurance payout to $48,500.
Staff has requested a budget amendment in the amount of $93,144.58 to complete this project. That amount
plus the $48,500 from insurance totals the project cost of $141,644.58. If ARPA funds are awarded by the
county the overall project funding from the city would be reduced by that amount up to the $96,500 total request.
Completion of this project will upgrade the Ice Arena chiller plant with the exception of two compressors which
staff will ensure are included in our capital plan moving forward.
COML Council Packet 6-11-24, Page 674 of 713
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Approval will allow staff to contract for the necessary repairs and the ice arena to continue to operate
seasonally.
Options and Results
Staff will contract with Applied Industrial Systems for the work to be completed.
Staff will bring back options for recommended changes.
Staff will review and revise and bring back additional options.
COML Council Packet 6-11-24, Page 675 of 713
RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 1/33
CITY OF MOSES LAKE
PARKS, RECREATION AND CULTURAL
SERVICES DEPARTMENT
REQUEST FOR PROPOSALS
RFP-Ice Arena Chiller Plant Renovation Project
Contract No. 020-2024-01
Quote Submittal Deadline
05/17/2024; 2:00 p.m.
Doug Coutts Parks, Recreation, and Cultural Services Director
COML Council Packet 6-11-24, Page 676 of 713
RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 2/33
NOTICE TO CONTRACTOR
______________________________________________
RFP-Ice Arena Chiller Plant Renovation Project
Moses Lake, Washington
Quotes will be received until May 17th,2024; 2:00 p.m., for the above-named work. All quotes
shall be emailed to dcoutts@cityofml.com with RFP-Ice Arena Chiller Plant Renovation Project in the subject line. To receive a REQUEST FOR PROPOSALS for this project, please email dcoutts@cityofml.com
All Contractors submitting a quote on this project should attend a preview inspection of the project sites. Preview inspections are by appointment. Contact person: Bill Aukett
Parks Superintendent
509.764.3816 (office) or 509.770.5752 (cell)
• PROJECT DESCRIPTION: This project is the replacement of the chiller plant
control systems, the rebuild or replacement of 2-70 hp Compressors, the repair of a
leak in the system 1 compressors oil system, a complete recharge of the refrigerant
for System #1 (R404A), the replacement of all expansion valves and all sensors
needed for system operation and testing and balancing of the system once installed.
Option to reduce pricing on compressors if a rebuildable core is received. Estimated project cost is $120,000-135,000.
Work shall be completed within 20 working days of project start date. The work to be performed is a Public Works project and requires the Contractor and all Subcontractors to pay prevailing wages and submit intents and affidavits to the State. Prevailing wage rates shall be those in effect on the proposal submittal deadline.
The Contractor shall provide proof of insurance, in accordance with the insurance requirements provided in the contract documents. The City reserves the right to reject any or all quotes if such action is in the best interest of the
City.
COML Council Packet 6-11-24, Page 677 of 713
RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 3/33
TABLE OF CONTENTS
______________________________________________
Cover Page (1 page)……………………………………………………………………...…1 of 36
Notice to Contractors (1 page)……………………………………………………………....2 of 36 Table of Contents (1 page)……...…………………………………………………………..3 of 36
Non-Collusion Declaration (1 page)………………………………………………………..4 of 36 Indemnification and Waiver Acknowledgment (1 page)…………………………………...5 of 36
Proposal (3 pages)…………………………………………………………………………..6 of 36
Contract (7 pages)…………………………………………………………………………...9 of 36 Washington Payment Bond (3 pages)……………………………………………..………16 of 36
Washington Performance Bond (3 pages)…………………………………………………19 of 36 Certification of Compliance with Wage Payment Statutes (1 page)………………………22 of 36
Contractor’s Declaration of Intent (1 page)……………………………………………….23 of 36
Request to Sublet Work (1 page)………………………………………………………….24 of 36 General Requirements (4 pages)…………………………………………………………..24 of 36
Insurance Requirements (4 pages)…………………………………..……………………..28 of 36 Contractor’s Agreement to Pay Prevailing Wage Rates (2 pages)……………………...…32 of 36
Special Provisions (3 pages)……………………………………………………………….34 of 36
Appendix A: Table 1: List of Cranes and Hoists (1 page)…………………………….…..included Appendix B: Pictures (8 pages)……………………………………………………….…...included
COML Council Packet 6-11-24, Page 678 of 713
RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 4/33
NON-COLLUSION DECLARATION
By signing the proposal, I hereby declare, under penalty of perjury under the laws of the State of
Washington, that the following statements are true and correct:
1. That the person(s), firm, association, or corporation signing the proposal has (have) not, either directly or indirectly, entered into any agreement, participated in
any collusion, or otherwise taken any action in restraint of free competitive
bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration.
NOTICE TO ALL QUOTERS
To report bid rigging activities call: 1-800-424-9071
The U. S. Department of Transportation (USDOT) operates the above toll-free “hotline” Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report such activities.
The “hotline” is part of USDOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. from DOT form 272-036H, Revised 10/94
COML Council Packet 6-11-24, Page 679 of 713
RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 5/33
INDEMNIFICATION
AND WAIVER
ACKNOWLEDGMENT
____________________________________________________
INDEMNIFICATION
By signing this proposal, I hereby declare under penalty of perjury under the laws of the State of
Washington, that I have read Standard Specification 1-07.14 as amended by the Special Provisions and hereby declare and agree to be bound by the indemnification contained therein including the industrial insurance immunity waiver. I also agree that these provisions were mutually negotiated between the parties in the competitive bidding
process in connection with the project for which this proposal is submitted. By signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration.
WAIVER
By submitting a quote, I agree to waive all claims that I have or may have against the Owner, the Architect, the Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of quotes.
COML Council Packet 6-11-24, Page 680 of 713
RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 6/33
RFP-Ice Arena Chiller Plant Renovation Project Contract No. 020-2024-01 PROPOSAL Page 1 of 2
TO: CITY OF MOSES LAKE DATE:__May 15th, 2024________________________
CONTRACTOR’S NAME: ________Applied Industrial Systems______________________________________
CONTRACTOR’S LICENSE NUMBER:____APPLIIS776LZ________________________________________
CURRENT UBI NUMBER:_____ 605-224-344________________________________________________
INDUSTRIAL INSURANCE ACCOUNT NUMBER:_______376-151-00______________________________
EMPLOYMENT SECURITY DEPARTMENT NUMBER:______000-801664-00-3_______________________
STATE EXCISE TAX REGISTRATION NUMBER:__________605-224-344___________________________
PHONE NO:___(509) 710-0500____________
FAX:NO:_____NA____________________________________
CONTRACTOR’S MAILING ADDRESS: ____4784 West Casberg-Burroughs Road_____________________
_____Deer Park, WA 99006_________________________________
_________________________________________________________
The Undersigned certifies that he or she has had the opportunity to examine the location of work as outlined in the specifications for the RFP-Ice Arena Chiller Plant Renovation Project and has read and thoroughly understands the specifications and hereby proposes to undertake and complete the work embraced in this quote package. The prime Contractor shall complete 50 percent of all the work with his or her own labor and equipment.
After Notice to Proceed is given, the Contractor shall order all materials and equipment required to complete this contract. The City and Contractor shall then set a schedule for the RFP-Ice Arena Chiller Plant Renovation Project. Work shall be completed within 20 working days after start date. QUOTE OPENING: May 17th, 2024; 2:00 p.m. QUOTE OPENING LOCATION: Larson Recreation Center, PRCS Administrative office 610 W Yakima Ave. Moses Lake, Washington.
COML Council Packet 6-11-24, Page 681 of 713
RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 7/33
NOTE: UNIT PRICES FOR ALL ITEMS, ALL EXTENSIONS, AND TOTAL AMOUNT OF QUOTE SHALL BE SHOWN.
RFP-Ice Arena Chiller Plant Renovation Project
Contract No. 020-2024-01
Proposal Page 2 of 2
Item No. Description Quantity Unit Unit Price Amount
1 Chiller Controls Upgrade to MCS
Touchscreen System
1 EA $45,030.00 $45,030.00
2 Leak Repair, System 1
Oil Tubing 1 EA $4,310.00 $4,310.00
3 Compressor Replacement, System
#1-70 HP Compressors
2 EA $30,164.00 $60,328.00
4
Core Fee-Refundable
if rebuildable compressor core is received
2 EA $3,410.00
$6,820.00
5
Replacement of all expansion valves and all sensors needed for system operation
1 EA INCL in Item #1
No Additional Fee
6 Refrigerant, Complete Recharge, System #1 R404A 1 EA $6,320.00 $6,320.00
7
Testing and Balancing
of the system once
installed
1 EA $7,740.00
$7,740.00
Sub-total $130,548.00
Tax (8.5%) $11,096.58
Total $141,644.58
COML Council Packet 6-11-24, Page 682 of 713
RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 8/33
The undersigned, under penalty of perjury under the laws of the State of Washington does hereby certify that;
1. The above is a true and honest bid. 2. The undersigned has read and agrees to the provisions of the Non-Collusion Declaration;
3. The undersigned has read and agrees to the provisions of the Indemnification and Waiver Acknowlegment. 4. Except for companies with one governing person, proof of signing authority is required if awarded the Contract. Proof of signing authority may include corporate resolution,
corporation bylaws, or operating agreement that indicates signing authority. 5. By signing below, I verify under penalty of perjury that I am in compliance with the responsible bidder criteria requirement of subsection (1)(g) of RCW 39.04.350.
Name of Firm:___Applied Industrial Systems____________________________________________________________
Printed Name: ___Keith Envolsen______________________ Signature:______________________________________________
Title: ___Inland Empire Region Manager___________________________________ Date: __May 15th, 2024________________
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CITY OF MOSES LAKE
CONTRACT
____________________________________________________
Project: RFP-Ice Arena Chiller Plant Renovation Project
Contract No. 020-2024-01
Page 1 of 7
1. Parties and Date: This contract is entered into at Moses Lake, Washington on _______________ by
and between the City of Moses Lake a municipal corporation, and _____________________, a
___________________, herein the Contractor:
2. Term: Regardless of the date inserted in Section 1 above, and the date(s) of execution by the Parties,
this contract has a commencement date of _____ and an expiration date of _____.
3. Agreement: In consideration of the terms and conditions contained herein and those conditions,
specifications, and terms attached and made a part of this agreement, the parties covenant and agree as
follows:
3.1 The Contractor shall obtain all required permits and shall do all work and furnish all materials,
tools, and equipment for the RFP Boiler Plate in accordance with and as described in the plans
and specifications furnished by the City of Moses Lake. The Contractor shall perform any
alterations in or additions to the work provided under this contract and every part thereof.
3.2 Work shall start on or after written Notice to Proceed is issued by the City and shall be
completed within ( ) working days from the start date.
3.3 The City of Moses Lake shall pay the Contractor for the performance of this contract subject
to any additions or deductions provided for herein, in a sum not to exceed
($ ), which includes all expenses for material, manpower, equipment, taxes
and fees, etc.
3.4 The City of Moses Lake and Contractor recognize that time is of the essence of this contract
and the city will suffer significant loss if the contract is not completed and the facilities are not
fully usable for their intended purpose within the time specified in paragraph 2.3 above.
Therefore, if the work is not completed within the time specified, the Contractor acknowledges
that failure to complete the work within that time shall constitute a material breach under the
contract entitling the City to terminate and reserving to City all rights to make any claim for
actual damages as a result of such failure and termination. City and Contractor further
acknowledge that even a minimal delay in the project completion can result in significant
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Project: RFP-Ice Arena Chiller Plant Renovation Project
Contract No. 020-2024-01
Page 2 of 7
liability to City and hence any unapproved delay shall constitute a material breach entitling
City to its available remedies at law. Upon termination for delay, the Contractor is not entitled
to further payment until the work is finished. If the costs to the City in completing the work
exceed the unpaid balance, the Contractor shall pay the difference to the City.
3.5 The City of Moses Lake and Contractor recognize that time is of the essence of this contract
and the city will suffer financial loss if the work is not completed within the time specified in
paragraph 2.3 above. They also recognize the inconvenience, expense and difficulties involved
in a legal proceeding to prove the actual loss suffered by the City if the work is not completed
within the time allowed in the Contract. Accordingly, the City and the Contractor agree that as
liquidated damages for delay, and not as a penalty, the Contractor shall pay the City the sum of
$250 per day for each working day this work remains uncompleted and after expiration of the
specified time, as liquidated damages.
3.6 The City of Moses Lake promises and agrees with the Contractor to employ and does employ
the Contractor to provide the materials and to do and cause to be done, work described above
and to complete and finish the same according to the plans and specifications attached hereto
as Exhibit 1 and the terms and conditions contained herein and contracts to pay for the same
according to the specifications and the proposal attached hereto, at the time and in the manner
and upon the conditions provided for in this contract.
3.7 The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns,
does agree to the full performance of all the covenants contained herein upon the part of the
Contractor.
3.8 It is further agreed that no liability shall attach to the City of Moses Lake by reason of entering
into this contract, except as expressly provided herein.
3.9 The Contractor understands that this Project is subject to Washington state laws governing
public works contracts and payment of prevailing wages and shall comply with any and all laws
governing public works contracts and projects and payment of prevailing wages. It shall be
Contractor’s sole responsibility to determine the prevailing wage amount for each employee
and to insure payment thereof.
4. Contractor’s Representations: In order to induce the City of Moses Lake to enter into this Contract,
Contractor makes the following representations:
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Project: RFP-Ice Arena Chiller Plant Renovation Project
Contract No. 020-2024-01
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4.1 Contractor has familiarized himself with the nature and extent of the Contract Documents,
Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress, or performance of the Work.
4.2 Contractor has studied carefully all reports of investigations and tests of subsurface and latent
physical conditions at the site or otherwise affecting cost, progress, or performance of the Work
which were relied upon by Engineer in the preparation of the Drawings and Specifications.
4.3 Contractor has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests, reports and studies
(in addition to or to supplement those referred to in Paragraph 3.2 above) which pertain to the
subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost,
progress, performance or furnishing of the Work as Contractor considers necessary for the
performance or furnishing of the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents; and no additional
examinations, investigations, exploration, tests, reports, studies or similar information or data
are or will be required by Contractor for such purposes.
4.4 Contractor has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the site
and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies or similar
information or data in respect of said Underground Facilities are or will be required by
Contractor in order to perform and furnish the Work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract Documents.
4.5 Contractor has correlated the results of all such observations, examinations, investigations,
tests, reports, and data with the terms and conditions of the Contract Documents.
4.6 Contractor has given Engineer written notice of all conflicts, errors, or discrepancies that he
has discovered in the Contract Documents and the written resolution thereof by Engineer is
acceptable to Contractor.
5. Miscellaneous provisions:
5.1 Contractor shall comply with all requirements contained in the attached Exhibits A-B regarding
insurance, indemnification, and payment of prevailing wages. The provisions of Exhibits A-B
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Project: RFP-Ice Arena Chiller Plant Renovation Project
Contract No. 020-2024-01
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are incorporated herein as though fully set forth, and are by this reference made a part hereof.
5.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound;
and specifically but without limitation, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the effect of this restriction
may be limited by law), and unless specifically stated to the contrary in any written consent to
an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
5.3 City and Contractor each binds himself, his partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, contracts, and obligations contained in the Contract
Documents.
5.4 The Contractor warrants that the Work furnished shall be free from defects resulting from faulty
workmanship, and further warrants that the Work complies with all specified performance
criteria. The Contractor agrees to remedy all defects appearing in the Work or developing in
the materials supplied and the workmanship performed under this Contract during the warranty
period, which shall be two years after date of final acceptance of the Work by the City, and
Contractor further agrees to indemnify and save the City harmless from any costs encountered
in remedying such defects.
A new warranty period equal to that stated in the above paragraph shall apply to parts supplied
in replacement of defective parts or to parts renewed in pursuance of this warranty. The
warranty period of the remaining parts shall be extended by a period equal to the period during
which the Work is unfit for service as a result of a defect covered by this warranty.
If Contractor refuses to fulfill Contractor’s obligation under this warranty, or fails to proceed
with due diligence after being required to do so, the City may proceed to do the necessary work
at the Contractor’s risk and expense.
5.5 It is further provided that no liability shall attach to the City by reason of entering into this
contract except as expressly provided herein.
5.6 Before any work at the site is started, Contractor shall deliver to City with copies to the Engineer
and each additional insured identified, certificates of insurance which Contractor is required to
purchase and maintain in accordance with the Contract Documents.
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Project: RFP-Ice Arena Chiller Plant Renovation Project
Contract No. 020-2024-01
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5.7 The Contractor shall furnish payment and performance bond in an amount equal to the contract
price as security for the faithful performance and payment of all Contractor’s obligations under
the Contract Documents. The bond shall remain in effect at least until one year after the date of
final payment, except as otherwise provided by law. The bond shall be in the form prescribed
herein and be executed such sureties as are licensed to conduct business in the State of
Washington, and are named in the current list of “companies Holding Certificates of authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring companies” as
published in circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury
Department. All bonds signed by an agent must be accompanied by a certified copy of authority
to act. The surety company executing bonds shall have a Best’s Guide rating A-VII or better.
Date on the bond must not be prior to the date of the Contract. If Contractor is Partnership, all
partners shall execute the bond. If Contractor is a Limited Liability Company, all members
shall execute the bond. ENCLOSED BOND FORM MUST BE USED.
4.7A On projects less than One Hundred Fifty Thousand dollars ($150,000.00), the City will accept
the Contractor’s request to withhold 10 percent retainage in lieu of bonds. For projects less than
$10,000.00, the City waives the requirement of bonds, retainage, and liquidated damages.
5.8 The Contract is made with reference to and shall be construed in accordance with the laws of
the State of Washington. If a dispute arises under this Contract, resort shall be to litigation and
jurisdiction and venue shall be in the Superior Court of Grant County, State of Washington.
6. Claims Procedure
6.1 If the parties fail to reach agreement on the terms of any Change Order for City-directed Work,
or on the resolution of any request for an equitable adjustment in the Contract Sum or the
Contract Time, Contractor's only remedy shall be to file a Claim with City as provided in this
Section.
6.2 Contractor shall file its Claim within the earlier of 30 days from City's final offer or the date of
Completion. Any Claim shall be personally delivered to the City and shall be deemed filed on
the date it is personally delivered to the Owner at the following address:
City of Moses Lake PRCS Administration 610 W Yakima Ave Moses Lake, WA 98837
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Project: RFP-Ice Arena Chiller Plant Renovation Project
Contract No. 020-2024-01
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6.3 The Claim shall be deemed to cover all changes in cost (including direct, indirect, impact, and consequential) and time to which Contractor may be entitled. It shall be fully substantiated and documented. At a minimum, the Claim shall contain the following information: a. A detailed factual statement of the Claim for additional compensation and time, if any,
providing all necessary dates, locations, and items of Work affected by the Claim;
b. The date on which facts arose that gave rise to the Claim;
c. The name of each employee of City and Contractor knowledgeable about the Claim;
d. The specific provisions of the Contract Documents which support the Claim;
e. The identification of any documents and the substance of any oral communications that
support the Claim;
f. Copies of any identified documents, other than the Contract Documents, that support
the Claim;
g. If an adjustment in the Contract Time is sought: the specific days and dates for which it
is sought; the specific reasons Contractor believes an extension in the Contract Time
should be granted;
h. If an adjustment in the Contract Sum is sought, the exact amount sought and a
breakdown of that amount into the categories set forth in, and in the required detail; and
i. A statement certifying, under penalty of perjury, that the Claim is made in good faith,
that the supporting cost and pricing data are true and accurate to the best of Contractor's
knowledge and belief, that the Claim is fully supported by the accompanying data, and
that the amount requested accurately reflects the adjustment in the Contract Sum or
Contract Time for which Contractor believes the City is liable.
6.4 After Contractor has submitted a fully documented Claim that complies with all applicable
provisions of this Contract, the City shall respond in writing to Contractor.
6.5 To assist in the review of Contractor's Claim, the City may visit the Project site, or request
additional information, in order to fully evaluate the issues raised by the Claim. Contractor shall
proceed with performance of the Work pending final resolution of any Claim. The City's written
decision as set forth above shall be final and conclusive as to all matters set forth in the Claim.
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Project: RFP-Ice Arena Chiller Plant Renovation Project
Contract No. 020-2024-01
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6.6 Any Claim of the Contractor against the City for damages, additional compensation, or
additional time, shall be conclusively deemed to have been waived by the Contractor unless
timely made in accordance with the requirements of this Section.
7. Execution: Executed the day and year written above.
CITY OF MOSES LAKE, WASHINGTON ___________________________________________ Municipality Contractor
___________________________________ ___________________________________________
Doug Coutts, PRCS Director Signature and Title ___________________________________ ___________________________________________ Date Typed Name and Title
APPROVED AS TO FORM:
_____________________________________ Katherine Kenison, City Attorney
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WASHINGTON PAYMENT BOND
__________________________________________________________________________ Contract No. 020-2024-01 Bond No. ____________________ Bond Amount $____________________
KNOW ALL MEN BY THESE PRESENTS: that ______________________________________________________________________________ (Name of Contractor)
______________________________________________________________________________ (Address of Contractor) a ___________________________________________________, hereinafter called Principal,
(Corporation, Partnership or Individual) and ______________________________________________________________________________ (Name of Surety)
______________________________________________________________________________ (Address of Surety) a corporation duly authorized to do a general surety business in Washington, hereinafter called Surety, are
jointly and severally held and firmly bound unto the Owner,__________________, and the State of Washington, the obligees herein, in the sum of ________________________________________ (Dollars) ($___________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner in accordance with applicable industry standards, regulatory requirements and Owner-supplied specifications dated the _______ day of _________________, 20____, a copy of which is attached and made
a part hereof for the construction of:
RFP-Ice Arena Chiller Plant Renovation Project NOW, THEREFORE, if the Principal shall promptly make payment to all laborers, mechanics, and
subcontractors and materialmen and to all persons, firms, corporations, or other entities who furnish
equipment, materials, provisions and supplies for or perform labor or other services in carrying on of such Work provided for in such Contract and any authorized extension or modification thereof, including all amounts due for materials, lubricants, provisions, supplies, gasoline, water, power, light, heat, telephone service, repairs on machinery, equipment and tools consumed or used in connection with such Work, and all
insurance premiums on said Work, and for all labor performed in such Work whether by subcontractors or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
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PROVIDED, HOWEVER, that the conditions of this obligation shall not apply to any money loaned or advanced to the Principal or to any subcontractor or other person in the performance of any such work.
PROVIDED FURTHER that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder, or the Contract Documents accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of such change, extension of time, alteration or addition to the terms of the Contract
or to the Work or to the Contract Documents.
PROVIDED, FURTHER, that the said Surety hereby stipulates and agrees to be bound by the laws of the State of Washington and subject to the jurisdiction of the State of Washington.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed pursuant to RCW Chapter 39.08 in ____________ counterparts, each one of which shall be deemed an original, this the ________
(number)
day of ___________________, 20____. PRINCIPAL: (Signature must be notarized)
SURETY: (Signature must be notarized)
By: _____________________________________ By: _____________________________________ Print: _____________________________________ Print: _____________________________________ Title: _____________________________________
APPROVED AS TO FORM BY CITY ATTORNEY:
By:
_____________________________________
Date:
_____________________________________
NOTE: Date of bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond. If Contractor is a Limited Liability Company, all members, or managers if manager-managed, should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. All bonds signed by an agent must be accompanied by a certified copy of the authority to act for the Surety at the time of the signing of this bond. The Surety agrees to be bound by the laws of the State of Washington and subject to the jurisdiction of the State of Washington. The Surety company executing this bond shall have a
Best’s Guide rating A-VII or better. All signatures on bond must be original.
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STATE OF WASHINGTON ) ) ss.
COUNTY OF GRANT )
I certify that I know or have satisfactory evidence that__________________________ is the person who appeared before me and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as ______________________ of PRINCIPAL,
and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this
instrument. DATED:_____________________, 20____.
____________________________________
____________________________________
Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________
STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT )
I certify that I know or have satisfactory evidence that__________________________ is the person who appeared before me and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as ______________________ of SURETY, and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this
instrument.
DATED:_____________________, 20___. ____________________________________
____________________________________
Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing
at:___________________________ My commission expires:________________
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WASHINGTON PERFORMANCE BOND
__________________________________________________________________________ Contract No. 020-2024-01 Bond No. ____________________ Bond Amount $____________________
KNOW ALL MEN BY THESE PRESENTS: that ______________________________________________________________________________ (Name of Contractor)
______________________________________________________________________________ (Address of Contractor) a ___________________________________________________, hereinafter called Principal,
(a Corporation, Partnership or Individual)
and ______________________________________________________________________________ (Name of Surety)
_____________________________________________________________________________ (Address of Surety) a corporation duly authorized to do a general surety business in Washington, hereinafter called Surety, are
jointly and severally held and firmly bound unto the Owner, __________________________________, and
the State of Washington, the obligees herein, in the sum of _____________________________________________________________ (Dollars) ($___________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner in accordance with applicable industry standards, regulatory requirements and Owner-supplied
specifications, dated the _______ day of ___________ ________, 20___, a copy of which is attached and
made a part hereof for the construction of: RFP-Ice Arena Chiller Plant Renovation Project
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings,
covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the two-year guaranty period, and if Principal shall satisfy all claims and demands incurred under such Contract, and shall fully defend and indemnify and save harmless the Owner from all costs and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay all outlay and expense which the Owner
may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and
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effect. PROVIDED, FURTHER that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed
thereunder or the Contract Documents accompanying the same shall in any way effect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Contract Documents. PROVIDED, HOWEVER, that the conditions of this obligation shall not apply to any money loaned or
advanced to the Principal or to any subcontractor or other person in the performance of any such work.
PROVIDED, FURTHER, that the said Surety hereby stipulates and agrees to be bound by the laws of the State of Washington and subject to the jurisdiction of the State of Washington.
PROVIDED, FURTHER, that no final settlement between the Owner and the Principal shall abridge the right
of any beneficiary hereunder, whose claim may be unsatisfied. No right of action shall accrue upon, or by reason hereof to, or for the use or benefit of, anyone other than the Owner.
IN WITNESS WHEREOF, this instrument is executed pursuant to RCW Chapter 39.08 in ____________ counterparts, each one of which shall be deemed an original, this the ________ (number) day of ___________________, 20____.
PRINCIPAL:
(Signature must be notarized)
SURETY:
(Signature must be notarized)
By: _____________________________________ By: _____________________________________ Print: _____________________________________ Print: _____________________________________ Title: _____________________________________
APPROVED AS TO FORM BY CITY ATTORNEY:
By: _____________________________________
Date: _____________________________________
NOTE: Date of bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond. If Contractor is a Limited Liability Company, all members, or managers if manager-managed,
should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. All bonds signed by an agent must be accompanied by a certified copy of the authority to act for the Surety at
the time of the signing of this bond. The Surety agrees to be bound by the laws of the State of Washington and subject to the jurisdiction of the State of Washington. The Surety company executing this bond shall have a Best’s Guide rating A-VII or better. All signatures on bond must be original.
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STATE OF WASHINGTON ) ) ss.
COUNTY OF GRANT )
I certify that I know or have satisfactory evidence that__________________________ is the person who appeared before me and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as ______________________ of PRINCIPAL,
and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this
instrument. DATED:_____________________, 20____.
____________________________________
____________________________________
Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________
STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT )
I certify that I know or have satisfactory evidence that__________________________ is the person who appeared before me and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as ______________________ of SURETY, and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this
instrument.
DATED:_____________________, 20___. ____________________________________
____________________________________
Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing
at:___________________________ My commission expires:________________
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CERTIFICATION OF COMPLIANCE WITH WAGE
PAYMENT STATUTES
____________________________________________________
The quoter hereby certifies that, within the three-year period immediately preceding the quote
solicitation date May 17th, 2024, the quoter is not a “willful” violator, as defined in RCW 49.48.082,
of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation
and notice of assessment issued by the Department of Labor and Industries or through a civil judgment
entered by a court of limited or general jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
Quoter’s Business Name
Signature of Authorized Official*
Printed Name
Title
Date City State
Check One:
Sole Proprietorship ☐ Partnership ☐ Joint Venture ☐ Corporation ☐
State of Incorporation, or if not a corporation, State where business entity was formed:
If a co-partnership, give firm name under which business is transacted:
* If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any
other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be
executed by a partner.
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CONTRACTOR’S DECLARATION OF INTENT
CITY OF MOSES LAKE
____________________________________________________
RFP-Ice Arena Chiller Plant Renovation Project
Contract No.: 020-2024-01 Contractor: ____________________________________________________________________________ Pursuant to RCW 60.28.010, all Contractors are required to exercise their option in writing prior to the first payment, to have retainage monies: (1) Retained in a fund by the public body.
_____ I hereby REQUEST that retainage on the above contract be placed in a non-interest-bearing account and have signed that agreement below. (2) Deposited by the public body in an interest bearing account.
_____ I hereby REQUEST that retainage on the above contract be placed in an interest bearing account and have signed that agreement below. (3) Placed in escrow with a bank or trust company by the public body.
_____ I hereby REQUEST that retainage on the above contract be placed in escrow and have signed that agreement. (4) Paid to them and submit a bond for all or any portion of the amount of funds retained by the
public body in a form acceptable to the City.
_____ I hereby REQUEST a bond in lieu of retainage on the above contract and have signed that agreement.
In the event that it is desired to place retained monies in escrow, it will be necessary that the Contractor enter
into an escrow agreement with the city-named bank. That agreement shall be executed on forms furnished by the City. The escrow agreement must be completed and approved prior to any monies being placed in escrow.
Signature and Title___________________________________ Date_____________________
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CITY OF MOSES LAKE
REQUEST TO SUBLET WORK CONTRACT NO.: 020-2024-01 CONTRACT AMOUNT: _________________________
Request No _______________
Prime Contractor:_____________________________ Address:____________________________________
State Contractor's No.________________________ UBI No.________________________________
Approval is requested to sublet the following described work to:
Subcontractor Name:________________________ Contact: _____________________________________
(List complete address, city, state,zip) _________________________________________________________
(List contact name and telephone number & Fax number) _________________________________________
State Contractor's No._________________________ UBI No.____________________________________
Estimated Start Date___________________________ Estimated Working Days_______________________
Item No. Partial % Description of Item Amount
$
$
$
$
$
Total $
I understand and will insure that the Subcontractor will comply fully with the plans and specifications under which this work is being performed.
Name of Contractor By Title Date Approved surety By Title Date
CITY OF MOSES LAKE USE ONLY: 1: % of total contract this request:_______________ 2: % of total contract Previous requests: ____________ 3: % of total contract sublet to date: _______________
Approved:_ ___ Public Works Director Date
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RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 25/33
GENERAL REQUIREMENTS
____________________________________________________
1.0 DELIVERY OF QUOTE
The Contractor’s Quote shall be received until May 17th, 2024; 2:00 p.m. All quotes shall be emailed to the City at dcoutts@cityofml.com with RFP-Ice Arena Chiller Plant Renovation Project in the subject line. 2.0 INTERPRETATION No oral interpretations will be made to any quoter as to the meaning of the terms described herein. Interpretations, if made, will be written the form of an addendum and sent to all registered quoters.
3.0 REJECTION OF QUOTE The City reserves the right to reject any or all quotes if such action is in the best interest of the City. 4.0 BASIS FOR AWARD A. Award will be based on all information contained in the quote as well as the unit price and materials being offered. In order to be considered responsive, the quote shall be completed in all respects. The City will evaluate all quotes and will determine the Contractor that will be in the
best interest of the City. B. The City of Moses Lake sales tax rate is currently 8.5%. However, the amount of sales tax will not be considered in determining which quote is the lowest and best quote.
5.0 SIGNATURE AND ELIGIBILITY The prices for work and names and addresses of the Quoter(s) shall be clearly and legibly written. Signatures shall be signed in the spaces provided and in compliance with all legal requirements.
6.0 CODES AND STANDARDS The Contractor shall comply with all applicable local and state codes and standards. Where conflicts
exist from one code to another, the more stringent shall apply.
7.0 LICENSE AND PERMITS
The Contractor and all Subcontractors shall have a current City of Moses Lake Business License.
8.0 CONDITIONS OF AWARD A. Proposal: The Contractor shall satisfy the following requirements before a quote will be
Awarded to them. The information shall be provided on the Proposal form.
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1. The Contractor is a licensed, bonded, and registered Contractor in Washington State. 2. The Contractor’s current UBI number.
3. The Contractor’s current Industrial Insurance.
4. The Contractor’s current Employment Security Department number. 5. The Contractor’s State Excise Tax number.
B. Prior to Award: The City of Moses Lake will verify the Contractor has the following:
1. Current City of Moses Lake business license. 2. Registered with the Office of the Secretary of State. 3. Registered with and has an open account with the Department of Revenue.
4. Registered as a construction Contractor with the Washington State Department of Labor and
Industries (L&I) and has active status, when applicable. 5. Current workers’ comp premiums and current Contractor registration with L&I. C. Within 10 working days after the notification of award, the following forms shall be provided to
the City.
1. Signed Contract. The signature on the Contract shall be from a governing person of the company, as registered with the Office of the Secretary of State, with the exception of companies with one governing person. If not listed as a governing person, acceptable forms
of signing authority include: corporate resolution, corporation bylaws, or operating
agreement that indicates signing authority. The Contract will not be executed by the City until proof of signing authority is accepted by the City. 2. Performance and Payment Bonds. On projects less than $150,000, the City may accept a Contractor’s request to withhold 10 percent retainage in lieu of bonds; and on projects less
than $10,000, the City waives bonds and retainage: provided a 1-year warranty on the work
is not waived by the Contractor. 3. Proof of Insurance, including a copy of all required endorsements. All certificates and endorsements for this contract shall include the contract name and number; and reference City of Moses Lake Public Works-Operations.
4. Contractor’s Declaration of Intent.
5. Request to Sublet Work, when applicable. Shall be provided for each Subcontractor. 9.0 SUBCONTRACTORS In the event Subcontractors are used by the Contractor to complete the terms of this agreement, the Subcontractors shall meet the requirements of Section 8.0, Subsection A and B of the General Requirements.
The City shall receive and approve the Request to Sublet Work form prior to start of project. 10.0 NOTICE TO PROCEED After Notice to Proceed is given, the Contractor shall order all materials and equipment required to complete
this contract. The City and Contractor shall then set a schedule for the work. Work shall be completed Within 20 working days after start date.
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11.0 HOURS OF WORK
Except in the case of emergency, or as approved by the City Council, the project working hours shall be
between 7:30 a.m. and 6:00 p.m. of a working day. The Contractor shall provide a schedule of the hours to be worked, and shall notify the Division Manager of all changes to the schedule as work progresses. Working days are Monday through Friday, and do not include the following holidays:
January 1
The third Monday of January The third Monday of February Memorial Day Juneteenth
July 4th
Labor Day November 11 Thanksgiving Day The day after Thanksgiving
Christmas Day
When any of these holidays fall on a Sunday, the following Monday shall be counted a nonworking day. When the holiday falls on a Saturday, the preceding Friday shall be counted a nonworking day. The days between December 25 and January 1 will be classified as nonworking days.
12.0 REPAIR OF DAMAGE The Contractor is responsible for all damages to adjacent improvements that are caused by the Contractor’s actions. The Contractor shall repair or replace all damaged improvements at no cost to the
City.
13.0 ACCEPTANCE OF WORK
The work will be accepted by the City after all of the following events have occurred:
A. The work is substantially completed. B. The Parks Superintendent has inspected and approved the work. C. The PRCS Director has accepted the project.
14.0 PAYMENT A. The City shall receive an approved copy of the “Intent to Pay Prevailing Wages” from the L&I prior to making any payment to the Contractor for the work. The prevailing wage
rates may be reviewed at the following URL: www.prevailingwage.lni.wa.gov, and are also
available for review at Operations Administration at 11789 Road 4 NE, Moses Lake,Washington. The prevailing wages for this project are those prevailing wages in effect on the day that quotes are due and that are applicable for Grant County.
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The City will make payment to the Contractor, less retainage, after the work is accepted by the City, the City receives an approved copy of the “Intent to Pay Prevailing Wages” from the
Contractor and each Subcontractor, and the Contractor has provided an invoice for the
completed work. B. The City will process the release of retainage after the following events have occurred:
1. The 60-day lien period has ended, which begins on the day of acceptance of the project by the City. 2. The City has received an approved copy of the “Affidavit of Wages Paid” from L&I for
the Contractor and each Subcontractor.
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RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 29/33
INSURANCE REQUIREMENTS
_______________________________________________________________________________________________
EXHIBIT A Indemnification / Hold Harmless
The Contractor shall defend, indemnify and hold the Owner and its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Owner.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Owner, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the
Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. A. Insurance Term
The Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor’s work through the term of the contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated herein.
B. No Limitation
Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Owner’s recourse to any remedy available at law or in equity.
C. Minimum Scope of Insurance Contractors required insurance shall be of the types and coverage as stated below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage
shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors,
products-completed operations, personal injury and advertising injury, and liability assumed under an
insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Owner shall
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RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 30/33
be named as additional insureds under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the Owner using ISO Additional Insured endorsement CG 20 10 10 01 and
Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements
providing at least as broad coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.
4. Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as the Contractor’s Commercial General Liability and Automobile Liability insurance. The Owner shall be named as additional insureds on the Contractor’s Excess or Umbrella Liability insurance policy. The Excess or Umbrella insurance coverage will drop down when underlying policy aggregate limits are exhausted.
D. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property
damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit.
3. Excess or Umbrella Liability insurance shall be written with limits of not less than $2,000,000 or other per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through the Contractor’s Commercial General Liability and Automobile Liability insurance, or any combination thereof that achieves the overall required limits.
E. Owner Full Availability of Contractor Limits If the Contractor maintains higher insurance limits than the minimums shown above, the Owner shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those
required by this contract or whether any certificate of insurance furnished to the Owner evidences limits of liability lower than those maintained by the Contractor. F. Other Insurance Provision
The Contractor’s Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Owner. Any Insurance, self-insurance, or self-insured pool coverage maintained by the Owner shall be excess of the Contractor’s insurance and shall not contribute with it.
G. Contractor’s Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s employee owned tools, machinery, equipment, or motor vehicles owned or rented by the
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RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 31/33
Contractor, or the Contractor’s agents, suppliers, contractors or subcontractors as well as to any temporary structures, scaffolding and protective fences.
H. Waiver of Subrogation The Contractor and the Owner waive all rights against each other, any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the
extent covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance
Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. I. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII and licensed to do business in the state of Washington. J. Verification of Coverage
Contractor shall furnish the Owner with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the Owner a copy of the Builders Risk
insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements
related to this project. Upon request by the Owner, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this contract and evidence of all subcontractors’ coverage.
K. Subcontractors
The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by
Subcontractors. The Contractor shall ensure that the Owner is an additional insured on each and every
Subcontractor’s Commercial General liability insurance policy using an endorsement at least as broad as ISO Additional Insured endorsement CG 20 38 04 13. L. Notice of Cancellation
The Contractor shall provide the Owner and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice. M. Failure to Maintain Insurance
Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Owner may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay
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RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 32/33
any and all premiums in connection therewith, with any sums so expended to be repaid to the Owner on demand, or at the sole discretion of the Owner, offset against funds due the Contractor from the Owner.
The Contractor shall indicate any existing claims activity that would affect the aggregate limits. This shall include paid claims, reserve claims, and potential claims. N. Deductible
Any insurance deductible shall be paid by the Contractor and shall not be greater than 10% of the total "Amount of Quote." O. Property Insurance
Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Contractor, subcontractors or others in the Work.
COML Council Packet 6-11-24, Page 707 of 713
RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 33/33
CONTRACTOR’S AGREEMENT TO PAY PREVAILING
WAGE RATES
_______________________________________________________________________________________________
EXHIBIT B Contractor’s Agreement to Pay Prevailing Wage Rates
In accordance with the laws of the State of Washington, Chapter 39.12 RCW, the hourly wage to be paid to laborers, workmen or mechanics upon all public works of this State and upon the Work contemplated in this Contract shall not be less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality within the State where such labor and Work herein contemplated is to be performed.
All laborers, workmen or mechanics shall be paid not less than the minimum hourly rate of wage as determined by the State Industrial Statistician which rates shall be incorporated into this Contract by reference; provided, however, nothing herein contained shall be construed to prohibit the Contractor, subcontractor or other person doing or contracting to do the whole or any part of the Work under this
Contract from paying any such laborers, workers or mechanics wages in excess of the hourly minimum rate above specified. The Contractor, on or before the date of commencement of the Work, shall file a Statement of Intent to Pay Prevailing Wages with the Owner and with the Director of Labor and Industries certifying the rate of hourly
wage, including fringe benefits, paid and to be paid each classification of laborers, workers, or mechanics employed upon the Work by the Contractor or subcontractor which shall be filed in accordance with the practices and procedures required by the Department of Labor and Industries.
Wage rates so filed will be checked against prevailing wage rates determined by the Industrial Statistician of
the Department of Labor and Industries. If the wage rates are correct, the Department will issue an acknowledgment of approval to the Contractor with a copy to the Owner. If any incorrect wage rates are included, the Contractor will be notified of the correct rates by the Department, and approval will be withheld until a correct statement is received.
Forms for filing a Statement of Intent are available from the Supervisor of Industrial Relations, Department of Labor and Industries, General Administration Building, Olympia, Washington. Each request submitted by the Contractor for a progress payment on a Project estimate shall state that the
prevailing wages have been paid in accordance with the prefiled Statement of Intent to pay prevailing wages
on file with the Department of Labor and Industries and approved by the Department. Certified wage affidavit listing all classifications and applicable wages paid will not be required for each progress estimate payment, other than the above statement.
At the conclusion of the Project, the Contractor and its subcontractors shall submit affidavits of wages paid
to the Industrial Relations Division, Department of Labor and Industries, General Administration Building, Olympia, Washington, 98504, for certification. Form "Affidavit of Wages paid on Public Works Contract"
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RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 34/33
or a similarly constructed form shall be filed to secure the certification of the Director of the Department of Labor and Industries of the State of Washington.
Final payment on the contract will be withheld until the Owner has received certification by the Director that the prevailing wage requirements of the law have been satisfied. The prevailing rate of wages to be paid to all workers, laborers or mechanics employed in the performance
of any part of this Contract shall be in accordance with the provisions of Chapter 39.12 RCW as amended.
The rules and regulations of the State of Washington Department of Labor and Industries and the schedule of prevailing wage rates for the locality or localities where this Contract will be performed as determined by the Industrial Statistician of the State of Washington Department of Labor and Industries are by reference made a part of this Contract as though fully set forth herein.
In as much as the Contractor will be held responsible for paying the prevailing wages, it is imperative that all contractors familiarize themselves with the current wage rates before submitting proposals based on these Contract Documents.
In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such
dispute cannot be adjusted by the parties of interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington, and his decision shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060 as amended.
Current prevailing wage data will be furnished by the Industrial Statistician upon request from the Industrial Relations Division, Department of Labor and Industries, Olympia, Washington, 98504. The Owner does not guarantee that labor can be procured for the minimum wages in the wage scale. The
rates of wages listed are minimum only, below which the Contractor cannot pay, and they do not constitute a
representation that labor can be procured for the minimum listed. The Contractor shall ascertain the wages above the minimum set forth that the Contractor may have to pay. Prevailing wage data as of the date specified is included herein as Part 5 for the Contractor’s reference.
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RFP Ice Arena Chiller Plant Renovation Project – Contract No. 020-2024-01 Page 35/33
SPECIAL PROVISIONS
____________________________________________________
None
COML Council Packet 6-11-24, Page 710 of 713
Budget Adjustment Request
Type of Adjustment*
Instructions:
If you are receiving additional revenues from an outside source (i.e. grant funds, donations, etc.) you must include the
appropriate revenue code that the funds will be deposited to and the amount in the revenue section above. Enter the
appropriate expenditure code/amount that the funds will be spent from in the expenditure section. The Use of Fund
Balance will calculate automatically from the Revenue and Expenditure amounts entered.
Fund*Department *
Project/Grant Number
Revenues
If there are no Revenues, please enter '0' in each column.
Fund*Dept*Object *Detail*Amount *
Expenditures
If there are no Expenditures, please enter '0' in each column.
Fund*Dept*Object *Detail*Amount *
Amendment Transfer
001 - General Fund 020 - Park Recreation
Ice Arena Chiller Plan Renovation
If appropriate, please enter the Finance assigned Project/Grant Number.
Budget Adjustment Details
314
###
314
###
59476
3####
0631
####
48,500.00$
314
###
314
###
59476
5####
0631
####
141,644.58$
COML Council Packet 6-11-24, Page 711 of 713
Revenue Subtotal
Expenditures Subtotal
Use of Fund Balance
Explanation*
Project Budget Sheet/Other Supporting Document
Name
Signature *
Submittal Date
48,500.00$
141,644.58$
-93,144.58$
Last November the controls for the chiller plant failed requiring a complete renovation of the system with
aftermarket controls. The overall initial estimate by the insurance company for the work came to $122,365.
The insurance company allocated $38,500 after non-eligible expenses and the city's deductible to the City for
this project. Anticipating higher costs for the project than the initial estimate based on time to get through the
project bidding and inflation, staff added 10% to the estimate and applied for an ARPA grant from the County
for $96,500 which with the $38,500 insurance payout comes to the total of $135,000. Since that time, the City
Clerk has submitted out Temporary Chiller usage to insurance and we have paid the deductible for this
incident, increasing our insurance payout to $48,500.
Staff is requesting a budget amendment in the amount of $93,144.58 to complete this project. If ARPA funds
are awarded by the county the overall project funding from the city would be reduced by that amount up to
the $96,500 total request.
Staff will be bringing the Bid results for approval on the consent agenda to the June 11 Council Meeting.
Applied Industrial Systems RFP-Ice Arena Chiller Plant Renovation Projec…432.02KB
Submitter Information
Doug Coutts
Please type your first and last name in the space above. Your typed first and last name will serve as your signature. Your signature signifies your
acknowledgement of and agreement with the content of this form.
5/30/2024
COML Council Packet 6-11-24, Page 712 of 713
Submitter Email
Is this being submitted by the City Manager, Assistant City Manager, or a Director?*
Submitting Department *
dcoutts@cityofml.com
Yes No
Parks, Recreation and Cultural Services
COML Council Packet 6-11-24, Page 713 of 713
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 18100
Doug Coutts, Director
Parks, Recreation, and
Cultural Services
6/11/2024 Consent Agenda
Boys and Girls Club of the Columbia Basin Summer Food Service Program Agreement
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 agreement which waives fees for the Boys and Girls Club to use the Picnic Shelter at McCosh Park
as a distribution site for the Summer Lunch Program.
Boys Girls Club license agreement 2024.docx 796.48KB
The Boys and Girls Club has requested to use the Picnic Shelter at McCosh Park as a distribution site for the
Summer Lunch Program. Last year this was approved with a fee waiver, Staff recommends the same waiver this
year.
None
Options and Results
Staff will execute the agreement.
Staff will bring back options for recommended changes.
Staff will hold the agreement and bring it back for the next council meeting
COML Packet 6-11-24 Addendum
CITY OF MOSES LAKE/ BOYS & GIRLS CLUB OF THE COLUMBIA BASIN LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into by and between the City of Moses Lake, Washington
(hereafter "City"), Licensor, a non-charter code city, with administrative offices located at 401 S. Balsam
Street, Moses Lake, Washington, and Boys & Girls Club of the Columbia Basin, a Washington non-profit
corporation (hereafter "BGC"), Licensee, registered and in good standing with the Washington Secretary
of State, with principal mailing address of 425 Paxson Drive, Moses Lake, Washington; collectively
"Parties".
RECITALS:
1.City is the owner of the McCosh Park Picnic Shelter (hereafter "Shelter"), located at 401 W 4th Ave,
Moses Lake, Washington; and
2.City supports positive community activities and events that encourage participation by youth, and
3.The City supports the USDA sponsored summer food service program which provides free meals for
children and teens in the community; and
3.The City is willing to participate in this program by providing a place for distribution of the free meals
at the McCosh Park Picnic Shelter; and
4.The BGC is willing to operate the USDA sponsored summer food service program at the McCosh Park
Picnic Shelter.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and stipulations set
forth herein, City and BGC agree as follows:
SECTION 1. LICENSE
A.City hereby licenses and authorizes BGC the privilege to use the McCosh Park Picnic Shelter from
11:15am-1:15pm Monday through Friday excluding July 4th and 5th for the term set forth below.
B.City retains all title and ownership in Subject Property. The granting of the License to BGC to use
Subject Property in no way transfers any rights of ownership or title interest in or to Subject Property to
BGC, its successors, assigns, creditors or agents, including but not limited to, any receiver or trustee in
case of insolvency or bankruptcy of BGC.
C.The term of this License shall be a period of two (2) months, to commence on the 17th day of June,
2024, and terminate on the 9th day of August, 2024, at midnight, subject to the right of either party to
cancel this License, with or without cause, on 30 days' written notice delivered to the other party. This
Agreement may be renewed annually in accordance the provisions in this section, paragraph "D".
D.This Agreement may be renewed by mutual agreement of the parties. Notification of the wish to
renew by BGC shall be provided to City thirty (30) days in advance of the annual termination date at the
address given under Section Twenty-Four "Notices" of this License Agreement. Any grant of any
renewals of this License Agreement shall carry a fee and deposit to be determined at the time of the
execution of the renewal. City reserves the right to revoke this License at any time for breach or
COML Packet 6-11-24 Addendum
noncompliance with any requirement set forth in this License Agreement; or noncompliance with any
applicable local, state or federal law or regulation.
SECTION 2. LICENSE FEES
Because the City finds that the benefits of having a sponsor for the USDA summer meals program
provides a significant public benefit at no cost to the City, the City waives any license fee or park use fee.
SECTION 3. ANNUAL REPORT AND SCHEDULING
BGC is to keep City informed as to its activities and events on the Subject Property. BGC shall make an
annual report to the Park, Recreation, and Cultural Resources Director of summarizing the past year's
activities and the coming year's proposed activities.
SECTION 4. SECURITY AND SAFETY OF SUBJECT PROPERTY
BGC shall comply with all park rules and municipal ordinances and shall monitor the activities of its
participants in the summer food service program.
BGC understands that the services authorized under this License Agreement may involve BGC's
personnel and volunteers 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.
BGC warrants and certifies that none of its personnel or volunteers 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.
BGC 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.)
SECTION 5. SANITARY FACILITIES
BGC shall have access to the McCosh Park outdoor bathrooms during the summer food service program.
SECTION 6. INSURANCE AND INDEMNIFICATION
A. BGC shall provide City with current Certificates of Insurance naming the City of Moses Lake as
an additional insured for each policy held by BGC. Such Certificates shall be provided to City by
the time of the complete execution of this License Agreement. Work or activities under this
COML Packet 6-11-24 Addendum
License shall not commence until after all insurance and/or bonds required under this paragraph
have been obtained by BGC and approved by City. The insurance required shall not be canceled
nor have its limits decreased without thirty (30) days' prior written notice to and approval by
City. City reserves the right to be provided complete, certified copies of any required insurance
policies.
B. Minimum Scope and Limits of Insurance.
(1)Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A: VII and is licensed to do business in the State of Washington.
(2)Commercial General Liability coverage in the amount of $2,000,000.00 combined
single limit and $2,000,000.00 aggregate per occurrence for bodily injury, personal injury, and
property damage.
(3) Workers Compensation Insurance with the applicable scope and limits as required by
the laws of the State of Washington. Should Workers Compensation coverage be required, the
insurer shall agree to waive all rights of subrogation against City for losses arising from the work
performed in this License.
(4) Automobile Liability coverage with the applicable scope and limits as required by the
laws of the State of Washington.
(5)Insurance Endorsements and Provisions. (1) Exact Language: The City, its officers,
elected officials, employees, and volunteers are ADDITIONAL INSUREDS, as respects liability, on
behalf of BGC, arising out of this License. (2) Provision: BGC's insurance under this License shall
be primary insurance coverage and shall not contribute with the City’s insurance. (3) Provision:
Any failure to comply with reporting requirements of the policies shall not affect coverage
provided to City.
C. Precautions shall be exercised at all times for the protection of all persons and property.
Safety provisions of all applicable rules and regulations shall be observed, and hazards arising
from the activities and work performed shall be guarded against or eliminated in accordance
with the standards of safety practice.
G.BGC expressly agrees to defend, indemnify, and hold harmless City, its elected officials,
officers, agents, employees and volunteers from and against any and all liability, damage or
expense for, upon, or by reason of any injury or injuries, including injuries resulting in death,
received by a person, firm or corporation to his, her or its person or his, her or its property
associated with or related to summer food service program activity at the Subject Property or
any portion thereof associated with or related to BGC use or activity at the Subject Property.
H.BGC shall protect, defend, indemnify, and hold harmless, City, its officers, elected officials,
employees, agents and volunteers from, and against, any and all losses, penalties, damages,
illnesses, or liabilities of every kind and character arising out of, or relating to, any and all claims
obligations, actions, proceedings, liens, or causes of action arising directly or indirectly, out of
BGC's activities under this License. Without limiting the generality of this clause, any and all such
claims or actions relating to personal injury, or any other tangible or intangible personal
property right, whether or not arising under the constitution of the state or federal government,
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or actual or alleged violation of any other applicable statute, ordinance, administration order,
rule or regulation, or decree of court, shall be included in the indemnity hereunder.
BGC waives any immunity that may be granted to it under the Washington State Industrial
Insurance Act, Title 51 RCW. BGC’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.
SECTION 7. CITY NOT PARTNER OR JOINT VENTURER
Nothing contained in this License shall be deemed to constitute City and BGC as partners or joint
ventures with each other or with any other party. It is expressly understood that BGC is an independent
contractor and is solely responsible for any necessary and adequate insurance coverage, as required.by
state law, including worker's compensation insurance, automobile insurance, and personal injury and
property damage insurance. BGC, as an independent contractor, is responsible for and obligated to pay
any and all federal and state tax, including income tax, on any moneys collected or earned. Any
personnel employed by, or volunteers of, BGC, and any and all subcontractors, are not and shall not
become employees, agents or servants of the City.
SECTION 8. NON-EXCLUSIVE LICENSE
During the term of this License, City may, at its sole discretion, issue leases or licenses covering the
Subject Property, to other entities, including for events of a similar nature to that covered under this
License, provided such other leases or licenses do not interfere with BGC scheduled activities under this
License.
SECTION 9. NON-DISCRIMINATION
BGC shall not discriminate in the use of the Subject Property against any person because of race, creed,
color, religion, national origin, political belief or affiliation, age or sex, or disability. BGC agrees that all
components of BGC's events and/or practices will comply with the Americans with Disabilities Act of
1990 (PL 101-336).
SECTION 10. REMOVAL OF TRASH AND MATERIAL
BGC shall keep the Subject Property free from trash and litter resulting from BGC's usage. City reserves
the right to charge BGC, at City's cost, for the removal of unusual amounts of rubbish, scrap paper, food,
or other material resulting from BGC's activities under this License, and BGC agrees to pay for the same.
SECTION 11. MEDIA
BGC shall notify City, in advance of any BGC event at which it is expected or anticipated that media will
be present. Such notification shall be done in a timely manner, but no later than three (3) days prior to
the event. In the event of unanticipated or unplanned media coverage, or media coverage of other than
usual and ordinary race day coverage, BGC shall notify City immediately as to the nature of the media
presence and coverage by contacting the City Public Information Officer at (509) 764-3805.
SECTION 12. ASSIGNMENT
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It is expressly understood that the use by BGC is under a License only. BGC has no right to assign or
sublet the Subject Property or any part thereof, or to suffer any use of said Subject Property other than
herein specified.
SECTION 13. GOVERNING LAW
It is agreed that this License shall be governed by, construed and enforced in accordance with the laws
of the State of Washington and venue for all legal proceedings hereunder shall be the superior court for
Grant County, Washington.
SECTION 14. GOVERNMENT IMMUNITY
Nothing in this agreement is or shall be construed to be a waiver by City of Moses Lake of the provisions
of the Washington Recreational Use Immunity Act (RCW 4.24.220) or the Federal Tort Claims Act, 28
U.S.C. 2671 et seq. as applicable, as now or hereafter amended.
SECTION 15. ENTIRE LICENSE This License shall constitute the entire arrangement between City and BGC
and any prior understanding or representation of any kind preceding the date of this License shall not be
binding upon either party except to the extent incorporate in this License.
SECTION 16. MODIFICATION OF LICENSE Any modification of this License or additional obligation
assumed by City or BGC in connection with this License shall be binding only if evidenced in writing and
signed by both City and BGC or an authorized representative of City and BGC.
SECTION 17. PARAGRAPH HEADINGS The titles to the paragraphs of this License are solely for the
convenience of the parties and shall not be used to explain, modify, simplify or aid in the interpretation
of the provisions of this License.
SECTION 18. WAIVER OF LIABILITY BGC hereby waives any and all claims against City for any injuries or
damages arising out of or connected with the use of the premises and facilities by BGC. BGC
understands and acknowledges that City will not provide insurance or be responsible for the protection
of participants.
SECTION 19. NOTICES Whenever any notice or payment is required by this License to be made, given or
transmitted to the parties hereto, such notice or payment shall be enclosed in an envelope with
sufficient postage attached to insure delivery and deposited in the United States Mail, addressed to the
License Administrator for each party. Licensor: City of Moses Lake Parks, Recreation, and Cultural
Services Director, 421 S. Balsam Street, Moses Lake, Washington 98837, and notices, consents and
approvals to Licensee addressed to: Licensee: Boys & Girls Club of the Columbia Basin, Executive
Director, 425 Paxson Drive, Moses Lake, Washington 98837, or such place as either party shall by
written directive designate in the manner herein provided.
SECTION 20. SUPERSEDEAS In case of any conflict, the terms and conditions set forth in this License
Agreement shall supersede and take priority over any and all other agreements or contracts related to
the subject matter as herein set forth.
SECTION 21. SEVERABILITY In the event any portion of this License Agreement is held to be
unenforceable to invalid by any court of competent jurisdiction, the validity of the remaining provisions
shall not be affected. This License Agreement may be executed in two (2) or more counterparts, each of
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which shall be deemed an original, but both of which shall constitute one and the same instrument. All
applicable provisions of this License Agreement shall survive its termination or revocation.
WHEREFORE, the Parties execute this License Agreement effective on the date set forth in the heading
paragraph of this Agreement. By their signatures below, the individuals affirm they are legally
authorized to execute this License Agreement.
CITY OF MOSES LAKE BOYS & GIRLS CLUB OF THE COLUMBIA BASIN
_______________________________ _____________________________
Doug Coutts, PRCS Director By: __________________________
Its: Executive Director
Date signed: ____________________ Date signed: ___________________
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COML Packet 6-11-24 Addendum