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FINAL 2023 0214 Council Agenda PacketMoses Lake City Council Don Myers, Mayor | Deanna Martinez, Deputy Mayor | Dustin Swartz, Council Member | Mark Fancher, Council Member David Eck, Council Member| Judy Madewell, Council Member| David Skaug, Council Member Tuesday, February 14, 2023 Moses Lake Civic Center – 401 S. Balsam or remote access* Ribbon Cutting 4:30 p.m. – Larson Recreation Center Ribbon Cutting Regular Meeting Agenda Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Citizen’s Communications** Summary Reports: Mayor’s Report -Planning Commission Appointment - Grant County Homeless Housing Task Force Representative and Alternate Appointments -Random Acts of Kindness Day Proclamation Additional Business City Manager’s Report -Fire Employee Promotion - New Parks, Recreation and Cultural Services Director - 4th of July Fireworks Display - Legislative Priorities Update pg 3 -City Annual Report pg 8 Moses Lake Council Packet 2-14-23, Page 1 of 76 February 14, 2023, City Council Meeting Page 2 _________________ Consent Agenda 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. #1 pg 16 a.City Council Meeting Minutes Dated January 24, 2023 b.Claims and Payroll c.Police Investigation Account Resolution 3932 d.Aspect Consulting On-Call Contract e.DOH Associates Police Station Owner’s Representative Contract Old Business - None scheduled New Business – None Scheduled Administrative Reports - Downtown Association Clean Up Event, February 25, 11am – 2pm -Water Purveyor Profile Sheet – pg 63 -Ambulance Cost of Service Study Request for Qualifications– pg 64 - Parks Watering Conversion Update Council Committee Reports Executive Session - Real Estate Acquisition, Elected Official or Employee Complaint, and Potential Litigation pursuant to RCW 42.30.110 (1)(b), (f) and (i) Adjournment Next Regular Council Meeting is scheduled for February 28, 2023 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. *Please click the link below to join remote access: https://cityofml.zoom.us/j/81573286494 Or iPhone one-tap: US: +12532158782,,91539733610# or +13462487799,,91539733610# Or Telephone: Dial(for higher quality, dial a number based on your current location):US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 81573286494. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ ** Remote Citizen Comment or Public Hearings Remote speaker request forms must be completed by 3 p.m. on the day of the meeting. Moses Lake Council Packet 2-14-23, Page 2 of 76 Police Reform: The City of Moses Lake urges state Legislators to address vehicular pursuits and respond to the decision in State v. Blake. Needed legislation are companion bills HB 1363/SB 5352 related to vehicular pursuits, and HB 1613/SB 5467 responding to the Blake decision. Water Infrastructure: Moses Lake’s primary water source is a deep basalt aquifer which has a limited life. Legislative efforts to provide source flexibility and capital project support are critical. The City of Moses Lake urges state Legislators to support HB 1494 and SB 5460, supported by the Moses Lake Irrigation and Rehabilitation District (MLIRD) and related to the collection of assessments by irrigation and rehabilitation districts, as well as SB 5517 and SB 5622 which would provide source flexibility. The City also urges state Legislators to support the 2023-2025 Capital Budget requests of the Department of Ecology’s Office of Columbia River. Full funding will enable the Office of Columbia River to assist the City in developing alternate water supplies and further their work to support the Columbia Basin Project. City of Moses Lake | www.cityofml.com Allison Williams, City Manager Rich Huebner, Assistant City Manager awilliams@cityofml.com | (509) 764-3702 rhuebner@cityofml.com | (509) 764-3724 Community Services Center / Police Station Construction: The City respectfully requests the support of the 13th Legislative Delegation for a Capital Budget allocation of $1.5 million for construction of the new Community Services Center / Police Station. The primary purpose of this new building will be as the City’s new police station, and it will include a community services area, building on the City’s success working with imbedded health providers and recovery navigators. The facility will provide space to convene and organize outreach, and to launch regional drug enforcement tactical responses. The requested funding amounts to 10% of the total project cost, which will ensure the community services area is fully built and equipped. Larson Playfield Irrigation Conversion: The City respectfully requests the support of the 13th Legislative Delegation for a Capital Budget allocation of $1.2 million to complete the conversation of the Larson Playfield irrigation system to lake water. Currently, the nearly 20-acre park is irrigated with potable water from the deep basalt aquifer, consuming over 13 million gallons annually. The requested funding will enable the City to complete the four-phases project in 2023: infield and irrigation plumbing updates; installation of approximately ½-mile of irrigation pipe; construction of new pumphouse and installation of pump and controls; and installation of three-phase power and Heritage Garden Demonstration Project. Moses Lake Council Packet 2-14-23, Page 3 of 76 Larson Playfield Irrigation Conversion: The City of Moses Lake respectfully requests the support of the 13th Legislative Delegation for a Capital Budget allocation of $1.2 million to complete the conversation of the Larson Playfield irrigation system to lake water. Currently, the nearly 20-acre park is irrigated with potable water from a deep basalt aquifer, consuming over 13 million gallons annually. To be good stewards of our natural resources, and to ease the strain on the depleting aquifer, the City is seeking funding support to complete the transition to lake water irrigation. If funded, the work will be completed in 2023 in four steps: • $140,000: five infield updates and irrigation plumbing changes • $250,000: installation of approximately ½-mile of irrigation pipe from Winona Launch to Larson Playfield • $500,000: construction of new pumphouse, installation of pump and controls at Winona Launch • $310,000: installation of three-phase power and Heritage Garden Demonstration Project • $1,200,000: total capital request City of Moses Lake | www.cityofml.com Allison Williams, City Manager Rich Huebner, Assistant City Manager awilliams@cityofml.com | (509) 764-3702 rhuebner@cityofml.com | (509) 764-3724 Richard Law, City Engineer rlaw@cityofml.com | (509) 764-3782 Moses Lake Council Packet 2-14-23, Page 4 of 76 AWC Hot Sheet – Bills of interest Week of February 6, 2023 Association of Washington Cities | 1076 Franklin St SE, Olympia, WA 98501 | wacities.org | 360.753.4137 AWC creates this list as an easy reference guide for certain bills of interest to cities. It is not intended to be a comprehensive list of the bills that AWC is tracking or taking a position on. The list is updated weekly, and bills may be removed, added, or moved within categories at any time. Priority bills – Support HB 1026 Eliminating design review boards for residential development. Needs floor action HB 1149/ SB 5202 Reducing homelessness in Washington state through capital expenditures for programs that address housing insecurity. Needs committee action HB 1363/ SB 5352 Revising the rules on police vehicle pursuits to use a reasonable suspicion standard along with a public safety balancing test and other safety requirements. Needs committee action HB 1613/ SB 5467 Responds to the Blake decision by making drug possession a gross misdemeanor with a focus on directing individuals to treatment in lieu of jail. It uses a DUI type model to require probation and treatment with clear penalties for willful failure to complete treatment. Needs committee action HB 1628 Creates a new local option real estate excise tax (REET) & State REET increase for affordable housing. Needs committee action HB 1670 Revises the property tax cap for local governments to account for inflation and population growth up to 3% Needs committee action SB 5303 Creates the Public Works Assistance Revolving Account, directing all local government loan repayments to the account. The bill also refers a ballot measure to the public for the November 2024 ballot. Needs fiscal committee action SB 5536 Responds to the Blake decision by making drug possession a gross misdemeanor with an emphasis on encouraging pretrial diversion. The bill also makes treatment facilities essential public facilities for sitting and permitting purposes. Needs committee action SB 5533 Directs the CJTC to create a model policy on police pursuits. It also creates a grant program to help police departments upgrade their technology related to tracking vehicles. Needs fiscal committee action SJR 8201 Amends the Washington State Constitution to add protections for the Public Works Assistance Revolving Account. Needs fiscal committee action Other bills – Support HB 1012 Establishes grants to help cities with providing emergency shelters during extreme weather events. Needs fiscal committee action HB 1056 Allows more flexibility for PERS 2 retirees to return to work after taking early retirement. This could be beneficial for cities seeking to fill hard to find positions. Needs floor action HB 1131/ SB 5154 WRAP Act – Product stewardship for packaging manufacturers to support residential recycling. Needs committee action HB 1181/ SB 5203 Integrating climate change into the Growth Management Act. Needs committee action Moses Lake Council Packet 2-14-23, Page 5 of 76 AWC Hot Sheet – Bills of interest Week of February 6, 2023 Association of Washington Cities | 1076 Franklin St SE, Olympia, WA 98501 | wacities.org | 360.753.4137 HB 1201/ SB 5294 Establishes an end date for the PERS 1 unfunded liability surcharge paid by PERS 2 employers which will result in cost savings for cities. * Needs fiscal committee action HB 1326 Allows municipalities to waive utility connection fees for affordable housing, emergency shelters, transitional shelters, and permanent supportive housing Needs floor action HB 1425 Establishes a new version of the annexation sales tax credit to incentivize annexation of UGAs. Needs committee action HB 1597/ SB 5571 Updates the Public Records Act to reduce frivolous litigation by expanding the administrative appeals process and revises the judicial review process for public records litigation. Needs committee action HB 1586 Directs the CJTC to form a work group to develop legislative policy recommendations on police pursuits and pursuits technology grant program. Needs committee action SB 5002 Lowers the per se limit for impaired driving from .08 to .05. Needs committee action SB 5514/ HB 1582 Would prohibit right turn on red near facilities of high pedestrian traffic including elementary schools, transit centers, libraries, hospitals, or other locations as determined by the appropriate local government. Local jurisdictions will need to update signage. AWC is currently working to extend the signage implementation date to allow cities time to comply. Needs committee action Other – Requesting amendments HB 1042 Conversion of existing buildings to residential uses. Stakeholder meetings have just begun to address several concerning elements. Awaiting floor action HB 1048/ SB 5047 Amends the Voting Rights Act creating additional opportunities for groups to bring challenges to jurisdictions. The bill is significantly improved from previous versions, but still contains a provision that could drive unnecessary costs without improving voter representation. House bill is awaiting floor action Senate bill is awaiting floor action HB 1099 Requires wages paid to workers on public projects be adjusted in accordance with prevailing wage adjustments made since the time a bid was submitted. Also adds that prevailing wage be adjusted to current rate at the time the work is performed. Awaiting committee action HB 1105 Requires publishing a deadline for public comment and creates a penalty for failure to do so. AWC worked with the bill sponsor to refine the bill to clarify the specific public comment deadlines intended and to remove the individual penalty. Awaiting floor action HB 1110/ SB 5190 Mandates new middle housing density. AWC does support statewide middle housing standards and asks for amendments consistent with AWC’s housing solutions to focus this proposal on transit, schools, and parks. Awaiting committee action Moses Lake Council Packet 2-14-23, Page 6 of 76 AWC Hot Sheet – Bills of interest Week of February 6, 2023 Association of Washington Cities | 1076 Franklin St SE, Olympia, WA 98501 | wacities.org | 360.753.4137 HB 1187 Establishes a new and extremely broad privilege for labor organizations. There is concern about how the broad the privilege is and how it might impact investigations into workplace wrongdoing and interact with cities’ obligations under the Public Records Act. AWC asked that the proposal be narrowed. Awaiting committee action HB1329/ SB 5366 Requires water/electric utilities to reconnect service during extreme heat events (90 degrees or above). Also creates a civil cause of action for involuntarily disconnecting service. AWC supports the underlying policy goal but is working to address challenges associated with reconnection. Awaiting committee action HB 1428/ SB 5383 Allows pedestrians to cross roadways not only mid-block, but also at signalized intersections and intends to reduce the number of jaywalking infractions issued by law enforcement. However, as written, the bill poses a number of liability concerns for cities. Awaiting committee action SB 5133 Expands criteria a bidder must meet before being awarded a public works contract including that a bidder be listed as active training agent to support apprenticeship utilization. The bill adds training requirements and stipulates that if the bidder is out of compliance, they are prohibited from bidding on any public project for a year. Awaiting committee action SB 5466/ HB 1517 Expands Transit Oriented Development. AWC is requesting amendments, including: removing restrictions on regulating parking, timelines; expanding affordability and anti-displacement measures. Awaiting committee action Opposed HB 1025 Expands liability related to law enforcement actions likely resulting in increased lawsuits and costs. Do not advance HB 1351/ SB 5456 Establishes significant restrictions of city authority to regulate parking. Do not advance SB 5059 Creates a costly new requirement to charge pre-judgement interest. Interest would accrue on any judgement back to the point at which the alleged incident/cause of action occurred which could be years prior to a city receiving notice of a claim. Do not advance SB 5418 Expands the definition of public works to include public grants, loans, or tax deferrals or reimbursement. AWC has significant concerns with this expansion of definition and believe this would dramatically impact work related to affordable housing and other efforts to support low-income individuals. Do not advance Notes: • Upcoming deadlines: February 17 Policy Committee cut-off; February 24 Fiscal Committee cut-off • *Indicates a bill believed to be Necessary to Implement the Budget (NTIB) and exempt from deadlines • Committee action indicates the bill needs to be heard and/or voted on by a policy or fiscal committee • Floor action indicates the bill needs to move to the floor to be voted on by the full House or Senate Moses Lake Council Packet 2-14-23, Page 7 of 76 2022 ANNUAL REPORT Moses Lake Council Packet 2-14-23, Page 8 of 76 Elected Officials Don Myers Mayor Deanna Martinez Deputy Mayor David Eck Council Member Dustin Swartz Council Member Mark Fancher Council Member Judy Madewell Council Member David Skaug Council Member Economic Development: In 2022, your City Council laid out priorities for the work of the City. A great example of this work plan being implemented is establishment of the Moses Lake Economic Development (MLED) Coordinating Committee. Officially a committee of the Council itself, membership in the MLED includes representatives of regional government agencies and high-volume employers including: Big Bend Community College, Grant County Economic Development Council, Grant PUD, Port of Moses Lake, and SkillSource. The Committee meets monthly to discuss topics and develop work plans directly related to regional growth and prosperity, such as infrastructure, water depletion and conservation, and workforce development. City of Moses Lake - 2022 Annual Report Community Services Center / Police Station: Following the successful construction and opening of the Larson Recreation Center, the City's aging police building was next for strategic analysis. An architect was hired and estimated costs of remodeling the building were presented. Higher than anticipated costs led the City to analyze the costs and benefits of building new on City-owned property on Central Drive versus a remodel of the current building. At the end of 2022, the City Council approved moving forward with a new building The Community Services Center / Police Station will offer dedicated office space to community service providers that work in tandem with the police department to help people suffering from mental health, substance use, and and homelessness issues. The new police station will also offer office space to federal law enforcement agencies that partner with the police department on drug, gang, and gun violations. New Council Member Appointed: Mayor Dean Hankins resigned his position in August. Council recognized and thanked Mayor Hankins for his service, and appointed David Skaug to fill the vacant position. 2 Moses Lake Council Packet 2-14-23, Page 9 of 76 Manage and Encourage City Growth Crime Reduction Collaboration Lake Health City Sustainability City Manager's Message It is a pleasure to provide to the residents and businesses of Moses Lake this Annual Report. As you'll see throughout the report, 2022 was a positive year of progress, growth, and improvements for our community. In February 2022, the City Council adopted a set of priorities for the City: City Leadership Team Allison Williams City Manager As an organization, it is our mission to provide a service-oriented government that works with all interests in the community. In this report, you will see important steps the City has taken in 2022 to make progress on these goals, and how we align our work with this mission and adopted goals to ensure our community continues to move forward and meet the needs of all residents. As City Manager, I am grateful to lead a team of employees who put the community, our residents and businesses, first. We are committed to delivering superior service that delivers on our Vision: Moses Lake is a diverse, connected, and supportive community of innovation and opportunity that values its namesake lake, small town vibe, growing arts and culture scene, aerospace, manufacturing and agriculture heritage, and an abundance of sunshine and outdoor activities. In 2023, the number one priority for the City is assuring a safe and secure water supply. See our website at www.cityofml.com/1012 for more information. City of Moses Lake - 2022 Annual Report Rich Huebner Assistant City Manager Kirsten Sackett Community Development Director Madeline Prentice Finance Director Shannon Springer Human Resources Director Brett Bastian Fire Chief Kevin Fuhr Police Chief Debbie Burke Administrative Services Manager / City Clerk Doug Coutts Parks, Recreation & Cultural Services Director Kirk Holmes Interim Municipal Services Director 3 Moses Lake Council Packet 2-14-23, Page 10 of 76 Manage and Encourage City Growth Parks & Recreation Facilities and Programs The Parks, Recreation, & Cultural Services Department opened the new 30,000 square foot Larson Recreation Center (LRC). The facility features two versatile classrooms, a multi-purpose gym, an indoor walking track, a fitness center, kitchen for tournaments and rentals, skate rental facility, locker rooms, family restrooms, and administrative Membership dollars help provide free programs like Free Family Saturday and Gallery Openings to the public, and also cover exhibit fees and many other expenses not budgeted by the City. The Museum saw growth in both programming and staffing. One full-time employee and two part-time instructors joined the team, and staff added a children’s creative play space to the gallery. Active Members: 256 Attendance at fee-based classes: 751 Total visits: 10,779 (best year since 2018!) Attendance at free programs: 1,235 716 at Free Family Saturday alone Membership Contributions: $18,572 offices. This new facility enabled staff to add additional programming, and to provide scholarships for recreation programs and facility passes. Participation in recreation programs/camps exceeded pre-pandemic participation numbers, including record numbers for swim lesson programs. The Museum & Art Center’s visitor numbers rebounded to pre-pandemic levels in 2022: City of Moses Lake - 2022 Annual Report Community Development With the adoption of the overall Comprehensive Plan in November 2021, newly updated goals were put into action: updating the Shoreline Master Plan and Uniform Development Code, and updating development regulations to implement the code. The code update will also achieve a streamlining of the permitting process. The department's 2022 by the numbers: Permits Issued: 613 Single-family: 156 Building: Opened Cases: 2,031 Total Violations: 2,219 Code Enforcement: Pre-application meetings: 23 Prelim Major Subdivisions: 9 Finalized Major Subdivisions: 7 Boundary Line Adjustments: 14 Conditional Use Permits: 3 Planning: New Buildings/Businesses: Chipotle, Crumbl Cookies, Confluence Cancer Radiation Center, Enzo Restaurant, Les Schwab, Mod Pizza, Planet Fitness, and Project Arctic Capital Projects Major street, water and sewer upgrades completed in 2022 included Valley Road, the North Shore Lift Station, replacement of all 30+ year old traffic signal sensors/controllers, and repainting of the Lakeview Park water reservoir. Projects initiated or seeing significant improvement in 2022 include Longview Street NE and and Kinder Road NE, the Westshore Bio Filter installation, and new Water Mains on South Milwaukee Avenue and at the AeroTec Flight Center. 4 Moses Lake Council Packet 2-14-23, Page 11 of 76 Crime Reduction The Moses Lake Police Department had a successful year addressing issues of crime, theft, and drug use and distribution in our community. The MLPD's year-end statistics demonstrate the department's effectiveness: Drugs Seized: Cocaine: 165.2 grams Fentanyl Pills: 9,164 Fentanyl Strips: 10 Marijuana and extract: 1,253.5 grams Methamphetamine: 7,186.2 grams Whip-its: 1 cannister Ecstasy: 1 gram Fentanyl Powder: 3.4 grams Heroin: 107.1 grams Methadone: 33 grams Mushrooms: 111.4 grams Street Crime Statistics: Money and property sold at auction Arrests: 65 Firearms Recovered: 95 Stolen Vehicles: 7 Asset Seizure: $18,048 Cases: 78 Real Property Seized: 1 pending Vehicles Civilly Seized: 14 City of Moses Lake - 2022 Annual Report Public Health and Safety: Planning for the needs of a growing community, Moses Lake Fire Department (MLFD) added four Firefighter/EMT's funded through American Rescue Plan Act (ARPA) funds, and took delivery of a new Pumper / Tender and a new Brush Truck. MLFD also received a grant through the Association of Washington Cities that is specifically aimed at providing education and resources to our aging population, with the goal of reducing the number of non-emergent uses of the 9-1-1 system. MLFD has elected to implement a Community Assistance Referrals and Education Services (CARES) model, which is anticipated to result in a reduction of non-transport, non-emergent calls for service and a significant cost savings to the department. Moses Lake is home to numerous industries that use, store, or produce hazardous materials. In 2022 the Department formed a partnership through an Interlocal Agreement with Chelan County Fire Districts 1 and 7 to become the anchor departments for a regional hazardous materials team. See the "Did You Know?" section on page 8 for information on our successful Washington State Survey and Ratings Bureau update. Handling our homeless population is one of our most time intensive tasks. In 2022, MLPD coordinated the first of an ongoing program of camp clean-ups. With the assistance of staff of the Parks, Recreation & Cultural Services department, approximately six dump truck loads of garbage was removed from unauthorized camps. 5 Moses Lake Council Packet 2-14-23, Page 12 of 76 crisis. Ricardo’s training and experiences in dealing with mental health patients has proven very successful in many crisis calls and officers are witnessing better outcomes for these patients. Collaboration Community Outreach Utilizing grant funding and in partnership with Renew and Grant Behavioral Health & Wellness, the Moses Lake Police Department added a mental health professional (MHP) in 2022 for response to mental health-related calls for service. Ricardo Gamez has been assigned as our MHP and has provided a valuable resource when dealing with community members in Lake Health Water Supply The City has partnered with regional groups to address aquifer depletion and overall lake health: the Moses Lake Watershed Council, the Columbia Basin Sustainable Water Coalition, the Columbia Basin Development League, and the Columbia Basin Conservation District (CBCD), which received a federal grant of $3.1 million to help improve water quality and reduce toxic algae blooms in the lake. Moses Lake Creative District In April the Washington State Arts Commission (ArtsWA) approved the designation of downtown as the Moses Lake Creative District. A Creative District is a walkable area of artistic activities and businesses. Moses Lake is the twelfth Washington city to receive this designation, and the first in Eastern Washington. ArtsWA will provide signage, resources, and funding for projects. A Creative District Committee meets monthly to implement the Strategic Plan for the District. Local artists are expected City of Moses Lake - 2022 Annual Report to provide artwork for the new Food Truck Plaza - "The Compass" - opening this summer. Water Infrastructure In 2022, the City conducted an analysis of the highest users of potable water within Moses Lake. Amongst the top were community parks. To ensure the City is part of the solution to our water supply issue, staff initiated conversations with the Moses Lake Irrigation and Rehabilitation District (MLIRD) to transition park irrigation to MLIRD water. If implemented, this transition will support improved lake health by increasing the inflow of fresh water, and decrease the use of drinking water for irrigation. The City's Stormwater Division completed over 4,000 facility inspections, including all outfalls into state bodies of water. Stormwater also completed the first draft of its Operations & Maintenance Plan. 6 Moses Lake Council Packet 2-14-23, Page 13 of 76 City Sustainability Strong Financial Backbone The City is committed to the highest standards of financial management. The City endeavors to maintain appropriate financial capacity for present and future levels of service, ensure the legal use of financial resources through an effective system of internal controls, and provide financial transparency to the public. The City takes a conservative approach to our annual operating budget. The City understands that each dollar we are entrusted with must show results for our residents and community In 2022, the City conducted a community survey to gauge the thoughts of citizens on 2023 budget priorities, and in October hosted a public meeting to gather additional public input. Basic City services are budgeted for in the General Fund: Administration, Human Resources, Finance, Community Development, Legal/Judicial, Engineering, Parks, Recreation & Cultural Services, Police and Fire. Other proprietary funds pay for other services, such as water, sewer, and streets. Data Source: 2022 Unaudited Actuals 7 City of Moses Lake - 2022 Annual Report Moses Lake Council Packet 2-14-23, Page 14 of 76 City Sustainability Project Open Doors Since 2018, the Grant County Point in Time Count has shown an increase of the number of individuals living unsheltered. In response, the City opened the Open Doors Sleep Center in late 2020. The City partners with HopeSource to administer the 38-unit Sleep Center which provides a safe place for unhoused residents to shelter. The City Council will soon review services and select a permanent Sleep Center site. The City also supports the mission of the Grant County Housing Task Force to develop, prioritize, evaluate, and recommend strategies to reduce and prevent homelessness. Staffing As a growing City, we are actively recruiting for many positions. To support this effort, in 2022 the City implemented a new recruiting software to improve visibility of open positions. CitySuite maximized presence on job boards, efficiently organized the hiring process, and allowed for communication with all involved. The City also bargained a new four-year contract with the Moses Lake Police Officer’s Guild, and three-year contracts with the Moses Lake Fire Fighters IAFF Local 1258 and the Washington State Council of County and City Employees AFSCME – AFL-CIO. Leadership training is critical to ensure a workplace of choice. In 2022, the City partnered with Nash Consulting to offer a 5-day leadership workshop series for staff who have a leadership role. The training provided opportunities to meet and collaborate as a team and hone management skills. In 2023, all staff will receive this training. The City supports a robust Wellness Committee that focuses on engaging staff in opportunities to promote wellness. Through the committee’s efforts, the City has achieved the Association of Washington Cities WellCity designation, which provides a workplace program framework and resources for member employers that meet the comprehensive WellCity requirements. Water Conservation The City's long-term planning updates revealed that over 90% of the City's water is supplied by wells accessing a deep basalt aquifer, which is depleting. As a result, the City conducted an analysis of water usage, which found that usage increases over 400% in the summer months. The City is developing a plan to swiftly transition to alternate sources of potable and irrigation water, and implemented a tiered rate structure to encourage conservation. Find more information about this effort on our website at www.cityofml.com/1012. This page will be regularly updated. Fire Protection Class Washington Survey and Rating Bureau evaluates the fire protection classification of a jurisdiction and assigns a numeric score, from 1 (best) to 10 (worst), based on the ability of the fire department to respond to and control fires. In 2022, Moses Lake's rating improved from a Class 5 to a Class 4. Many insurance companies utilize this data to establish fire insurance premiums. Did You Know? City of Moses Lake - 2022 Annual Report 8 Moses Lake Council Packet 2-14-23, Page 15 of 76 MOSES LAKE CITY COUNCIL January 24, 2023 EXECUTIVE SESSION Mayor Myers called an Executive Session at 5:15 p.m. for 30 minutes to discuss potential litigation, pursuant to RCW 42.30.110(1) subsection (i). The session was extended several times for a total of 15 minutes. WIND ENSEMBLE PERFORMANCE Moses Lake High School students have been invited to perform at Carnegie Hall in April. A benefit performance was held in the Civic Center Auditorium at 6:00 p.m. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor Myers with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Myers; Deputy Mayor Martinez; Council Members Eck, Fancher, Madewell, Swartz, and Skaug. PLEDGE OF ALLEGIANCE Columbia Basin Herald Reporter Charles Featherstone led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Eck moved to remove New Business item for discussion of Interim Water Regulations. No second is required. The motion carried 5 – 2, Mayor Myers and Deputy Mayor Martinez were opposed. Council concurred to have a special meeting to further discuss the subject with local developers present. Council Member Swartz requested to postpone Planning Commission appointment to allow time for all Council to review two applications submitted and recommendation from Community Development Director Kirsten Sackett and Planning Commission Chair Nathan Nofziger. Action taken: Deputy Mayor Martinez moved to approve the Agenda as amended, second by Council Member Fancher. The motion carried 7 – 0. CITIZEN’S COMMUNICATION Renew Services Sarah Farve, Moses Lake, shared that Renew only accepts one insurance provider for their services (Grant Behavioral Health & Wellness). City Manager Allison Williams suggested inviting Renew to come present to Council and requested Ms. Farve also share her concern with Grant County District 2 Commissioner Rob Jones. Moses Lake Council Packet 2-14-23, Page 16 of 76 CITY COUNCIL MINUTES – January 24, 2023 pg. 2 SUMMARY REPORTS CITY MANAGER’S REPORT Moses Lake Irrigation and Rehabilitation District (MLIRD) Legislation Support Kaj Selmann, Moses Lake, requested Council authorize a letter of support for SB5460/HB1494 to local legislators on behalf of the MLIRD. The bills will align statutory language for the rehabilitation assessment authority with that of other special purpose districts. Action taken: Council Member Swartz moved to authorize the letter of support, second by Council Member Eck. The motion carried 7 – 0. City Security Services Police officers have been working overtime to cover security at the Sleep Center and there are needs to have security at other facilities. Staff have considered establishing these as regular employee positions since only one company has submitted interest. Discussion followed about costs for professional services v. salary and benefits. Staff will evaluate and provide Council with an update. CLOSED HEARING #1 Maple Landing Div. 2 Planned Development District (PDD) Ordinance 3020 Mayor Myers recited the opening statement for a quasi-judicial proceeding to consider the Hearing Examiners recommendations on the Maple Landing Div. 2 PDD for a 26-lot subdivision on 4.87 acres. Mayor and Council answered a series of questions by roll call vote to assure a fair and unbiased hearing. Deputy Mayor Martinez and Council Member Eck recused themselves for engaging in communications with the applicant. Community Development Director Kirsten Sackett provided an overview of the project. Testimony was opened at 7:15 p.m. Applicant David Dormaier repeated testimony provided during the Hearing Examiner hearing. Staff reminded him that the SEPA mitigation fee change is not within the purview of City Council. Mayor Myers closed the hearing at 7:22 p.m. Action taken: Council Member Fancher moved to adopt Ordinance 3020 approving the December 16, 2022 Hearing Examiner Recommended Findings of Fact, Recommended Conclusions of Law, Recommendation Conditions of Approval and Recommended Decision for the Maple Landing Division No. 2 Planned Development District (PLN2022-0067), allowing for the creation of a 26 lot Major Subdivision and Planned Development District within a 4.87 acre property identified under Assessor’s Parcel Number 170478005, second by Council Member Swartz. The motion carried 5 – 0. CONSENT AGENDA #2 a. City Council meeting minutes dated January 10, 2023 b. Electronic Transfer: 204-205 - $1,915.99 Checks: 159182 - 159426 - $3,024,968.74 Payroll Checks: 64920 - 64941 - $13,793.99 Electronic Payments: Direct Deposit - 1/06/2023 - $508,055.79 Moses Lake Council Packet 2-14-23, Page 17 of 76 CITY COUNCIL MINUTES – January 24, 2023 pg. 3 c. Opioid Abatement Fund Resolution 3930 d. 2023 Salary Schedule Budget Supplement e. Employee Handbook Update Resolution 3931 f. Interlocal Investment Services Agreement – Grant County g. Award Well Rehabilitation Project Action taken: Deputy Mayor Martinez moved to approve the Consent Agenda as presented, second by Council Member Eck. The motion carried 7 – 0. OLD BUSINESS #3 Sagepoint Planned Development District Ordinance 3019 Council Member Fancher recused himself from discussion and vote. Council conducted a Closed Record Public Hearing for the Sagepoint PDD (PLN2022-0014) on January 10 and approved by motion to delete the Hearing Examiner’s Finding of Fact No. 20 recommended denial and adopt remaining Findings of Fact, Conclusions of Law, and Conditions of Approval. Action taken: Council Member Eck moved to adopt Ordinance 3019 as presented, second by Council Member Swartz. The motion carried 6 – 0. NEW BUSINESS #4 Municipal Airport Lease The Airport Commissioners voted unanimously to recommend Council approve a new non-commercial lease which include discounts for prepayment, eliminating the requirements for auto property insurance for the hangars, and eliminate the ‘aircraft exclusions deleted’. Without identifying new sources of revenue, these changes would result in a need to reduce budgeted expenses, as well as an increased risk of liability to the City. Airport Commission Chair Rod Richeson provided a verbal report on revenues and asked for consideration of apples to apples lease comparisons (ground only leases). Action taken: Deputy Mayor Martinez moved to maintain the current Moses Lake Municipal Airport non-commercial lease terms and direct staff to conduct a comparative market analysis of municipal airport lease rates, second by Council Member Swartz. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Renew Quarterly Report Moses Lake Community Coalition staff provided a written account of services provided for the period of October to December 2022. The report highlighted their workshops for Community Mental Health and Strengthening Families Program. PRR Inc. Consultant Contract Staff are finalizing an agreement for services to assist in the community relations and strategic planning related to water quality and a transition to shallow aquifer or lake water usage. Parks, Recreation, and Cultural Services Director Moses Lake Council Packet 2-14-23, Page 18 of 76 CITY COUNCIL MINUTES – January 24, 2023 pg. 4 City Manager Allison Williams advised that background check review is pending for the final candidate. Police Department Update Police Chief Kevin Fuhr reported on catalytic convertor theft arrests. He also shared that they are looking for positive outcomes on pending legislation to amend police reform. COUNCIL COMMUNICATIONS AND REPORTS Deputy Mayor Martinez attended the Mayor’s Exchange in Olympia. Public Safety and Housing continue to be a concern statewide. EXECUTIVE SESSION Mayor Myers called an Executive Session at 8:15 p.m. for 30 minutes to discuss Evaluation of a Public Employee, pursuant to RCW 42.30.110(1) subsection (g). There was no business to follow. ADJOURNMENT The regular meeting was adjourned at 8:45 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________ Debbie Burke, City Clerk Moses Lake Council Packet 2-14-23, Page 19 of 76 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) Allison Williams, City Manager 9704 Madeline Prentice Finance 2/14/2023 Consent Agenda Disbursement report since January 24, 2023 City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 4,094,983.73$4,094,983.73$0.00$ Approve payment of claims as presented. The following amounts were budgeted, and sufficient funds were available to cover these payments: Electronic Transfer: #206 - 216 - $1,922,339.66 Checks: 159427 - 159648 - $1,050,832.33 Payroll Checks: 1/20/2023 - #64942-64964 - $9,843.29 2/03/2023 - #64965-64981 - $6,271.47 Electronic Payments: Direct Deposit - 1/20/2023 - $550,549.28 Direct Deposit - 2/3/2023 - $555,147.70 Vouchers - 02.14.2023.pdf 125.99KB Moses Lake Council Packet 2-14-23, Page 20 of 76 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. Moses Lake Council Packet 2-14-23, Page 21 of 76 TOTALS BY FUND: FUND NO FUND NAME AMOUNT 001 GENERAL FUND 1,279,671.41  102 TOURISM 5,354.20  103 GRANTS AND DONATIONS 8,958.63  110 HOMELESS SERVICES 16,833.54  114 PATHS/TRAILS ‐  116 STREET 63,629.29  119 STREET REPR/RECON 6,678.31  286 REFUNDING GO BONDS 2015 ‐  314 PARK & RECREATION IMPROVEMENTS 46,481.09  315 PARK MITIGATION CAPITAL PROJECTS ‐  410 WATER/SEWER 383,828.55  450 2011 BOND FUND ‐  452 2004 BOND FUND ‐  471 WATER RIGHTS ‐  477 WATER SEWER CONSTRUCTION 29,691.00  487 2015 GO BONDS REDEMPTION ‐  490 SANITATION 284,106.82  493 STORM WATER 28,849.73  495 AIRPORT 64.31  498 AMBULANCE 179,297.66  501 UNEMPLOYMENT COMPENSATION INSURANCE 11,575.92  503 SELF‐INSURANCE 12,456.00  517 CENTRAL SERVICES 91,184.21  519 EQUIPMENT RENTAL 57,192.55  528 BUILDING MAINTENANCE 61,736.36  611 FIRE PENSION 2,899.91  623 DEPOSIT 402,682.50  631 STATE ‐  TOTAL 2,973,171.99$                  City of Moses Lake Tabulation of Claims Paid‐Summary by Fund Council Meeting Date‐ 02/14/2023 Moses Lake Council Packet 2-14-23, Page 22 of 76 Check Name Check Amount Check Date Invoice Description 206 Assn Of Wash Cities 410,666.06 11/25/2022 November Insurance Deductions 207 Aflac 2,030.64 11/25/2022 2224 Aflac Coverage 208 ICMA‐Retiree Health Saving 26,109.20 11/25/2022 Sick Time HRA Transfer 209 Dept Of Retirement Systems 110,503.92 06/24/2022 DRS 2213 210 Dept Of Retirement Systems 108,185.87 07/08/2022 DRS 2214 211 Dept Of Retirement Systems 112,410.09 07/31/2022 Check Issued in Error 212 Dept Of Retirement Systems 229,401.83 08/31/2022 2216 DRS 213 Dept Of Retirement Systems 349,655.52 09/30/2022 2218 Retirement Contributions 214 Dept Of Retirement Systems 227,018.83 10/31/2022 2221 DRS Deductions 215 Dept Of Retirement Systems 227,890.25 11/30/2022 2223 Retirement Contributions 216 Dept Of Retirement Systems 118,467.45 12/09/2022 2225 Retirement Contributions 159427 IAFF #1258/Disab Ins 2,016.97 08/26/2022 IAFF Disability Fire August 159428 Moses Lake Police Guild 2,600.00 09/30/2022 2218 Sept Police Guild Dues 159429 United Way Of PNW 10.00 09/30/2022 Employee Contribution 159430 Basin Septic Services Inc 3,636.83 01/23/2023 Blue Heron Park 159431 PWW Media, Inc.4,180.00 01/24/2023 CAPO and ABC360 Registration  159432 Charles Tuttle 1,010.60 01/24/2023 Payment Made In Error 159433 Deanna Martinez 532.44 01/24/2023 Olympia Trip Reimbursement 159434 Doris Jasman 983.40 01/24/2023 Claim Paid By Insurance 159435 Edward King 728.56 01/24/2023 Insurance Paid Patient Directly 159436 Gamestop, Inc.110.00 01/24/2023 Pawn Broker Screening Reimbursement 159437 Judith Mademell 100.00 01/24/2023 Payment Made In Error‐ Reimburse. 159438 Kyle Mccain 1,017.00 01/24/2023 Replenish Controlled Buy Money 159439 Mutual of Omaha 335.26 01/24/2023 Claim Paid in Full by Insurance 159440 WA‐ID Operating Engineers 911.01 01/25/2023 Payment Made in Error 159441 Joseph Schwendeman 79.00 01/25/2023 1 Day Travel Per Diem 159442 Franklin Ridgeway 207.50 01/25/2023 Water Conference 2023 159443 Shanda Creiglow 207.50 01/25/2023 Water Conference Travel 2023 159444 Gary Vela 207.50 01/25/2023 Water Conference 2023 159445 Joseph Barkle 207.50 01/25/2023 Water Conference 2023 159446 Kendrick Law 103.25 01/25/2023 2023 Pesticide Pre‐License 159447 Kyle Mccain 2,500.00 01/25/2023 Replenish Controlled Buy Money 159448 ANDREW M HAWKS 8.13 01/26/2023 Refund Utility Overpayment 159449 Charles Widdis 162.75 01/26/2023 Refund Utility Overpayment 159450 COLTON AYERS 39.34 01/26/2023 Refund Utility Overpayment 159451 Corina M. Northrup 60.55 01/26/2023 Refund Utility Overpayment 159452 Daniel Smith SR 29.57 01/26/2023 Refund Utility Overpayment 159453 ESTEVAN MORA 345.47 01/26/2023 Refund Utility Overpayment 159454 FAMILY SERVICES GRANT CNTY 1,584.62 01/26/2023 Meter Misread‐ Refund 159455 Gerald & Lorraine Benson 162.35 01/26/2023 Refund Utility Overpayment 159456 GOOD BUILT LLC 65.13 01/26/2023 Refund Utility Overpayment 159457 J&G Hospitality, LLC 52.36 01/26/2023 Refund Utility Overpayment 159458 Jack & Betty Reese 203.09 01/26/2023 Refund Utility Overpayment 159459 Jerry & Darlene Briggs 201.33 01/26/2023 Refund Utility Overpayment 159460 JOHN & SARA COLE 242.44 01/26/2023 Refund Utility Overpayment 159461 Lori Carpenter 39.76 01/26/2023 Refund Utility Overpayment 159462 MARTIN RODRIGUEZ 112.01 01/26/2023 Refund Utility Overpayment City of Moses Lake Checks Issued with Summary Description For February 14, 2023 Council Meeting Moses Lake Council Packet 2-14-23, Page 23 of 76 159463 NW PROPERTIES QUINCY LLC 428.86 01/26/2023 Refund Utility Overpayment 159464 Peter Dracopoulos 273.51 01/26/2023 Refund Utility Overpayment 159465 SETH GERBER 151.78 01/26/2023 Refund Utility Overpayment 159466 TARAH SUTTON 88.35 01/26/2023 Refund Utility Overpayment 159467 TOBIN RAYMOND 132.00 01/26/2023 Refund Utility Overpayment 159468 Travis J Williams 172.27 01/26/2023 Refund Utility Overpayment 159469 URBAN BUILD DEVELOPMENT LLC 825.00 01/26/2023 Refund Utility Overpayment 159470 Don Garrison 765.58 01/31/2023 January LEOFF Retirement Pension 159471 Janelle Sword 1,033.49 01/31/2023 January LEOFF Retirement Pension 159472 Luther Stowers 738.25 01/31/2023 January LEOFF Retirement Pension 159473 Margaret Hinshaw 362.59 01/31/2023 January LEOFF Retirement Pension 159474 Kyle Mccain 2,300.00 02/01/2023 Replenish Controlled Buy Money 159475 Legacy Telecommunications Inc 3,124.89 02/01/2023 Generator Service/Repair Retainage 159476 Randal Penrose 128.00 02/01/2023 CDL Physical Reimbursement 2023 159477 Ruben Valdez 250.00 02/01/2023 Boot Reimbursement 2023 159478 Sheryl McHargue 27.10 02/01/2023 Book Reimbursement 159479 New Hope 11,614.72 02/02/2023 CJ Special Programs 2022 159480 Signature Graphics Inc 4,442.55 02/02/2023 Fall/Winter Rec Brochure 159481 Schrade Rouse 79.00 02/06/2023 Training Per Diem 2023 159482 A & H Printers Inc 1,660.17 02/06/2023 Business Cards 159483 A M Hardware Company Inc 1,009.32 02/06/2023 Cylindrical Lock/Standard Combinated  159484 Abc Hydraulics 166.19 02/06/2023 Pool Repair 159485 Active Network LLC 2,222.20 02/06/2023 Recreation Supplies 159486 Advanced Fitness Solutions 768.56 02/06/2023 LRC Capital 159487 Affordable Auto Repair Inc 312.86 02/06/2023 Undercover Vehicle Maintenance 159488 Ag Supply Ace Hardware 66.10 02/06/2023 Ice Rink Supplies 159489 Alan Key 200.00 02/06/2023 New Hire Polygraph 159490 Amazon Capital Services, Inc.2,672.18 02/06/2023 January23 Amazon 159491 American Water Works Association 2,405.00 02/06/2023 Membership Renewal 159492 Angel Armor, LLC 1,682.23 02/06/2023 2023 Ballistic  Door Panels Eq#155 159493 Aspect Consulting 19,212.33 02/06/2023 Water Rights Work Dec 2022 159494 B M I 421.00 02/06/2023 2023 Fees 159495 Badger Meters Inc 37,842.51 02/06/2023 2022 ERTs 159496 Basin Propane LLC 63.51 02/06/2023 Propane @ Sleep Center 159497 Basin Septic Services Inc 2,489.70 02/06/2023 Service @ Sleep Center March 22 159498 Battery Systems Inc 405.35 02/06/2023 Batteries 159499 Bound Tree Medical LLC 8,718.25 02/06/2023 Medical Supplies 159500 Branom Operating Company LLC 1,626.00 02/06/2023 2023 Annual Maintenance of Meters 159501 Bud Clary Ford LLC 4,920.53 02/06/2023 Repairs Eq#040 W/O 58594 159502 Carol Cross 140.00 02/06/2023 Museum Consignment Sales 159503 Cascade Natural Gas Corp 3,107.34 02/06/2023 159504 Cascadia Law Group PLLC 184.40 02/06/2023 Water Rights Acquisitions Dec 22 159505 Cdw Government 13,332.41 02/06/2023 Software Renewal 159506 Central Machinery Sales Inc 24.09 02/06/2023 Lime Seal 159507 Centurylink 4,342.75 02/06/2023 206‐Z14‐0057 522B 1.14.23 159508 Centurylink 1,586.21 02/06/2023 Acct. 89151972 1.20.2023 159509 Chamber Of Commerce 5,500.00 02/06/2023 2023 Member Investment 159510 Civicplus Inc 8,029.65 02/06/2023 2023 Renewal 159511 Cobies Fine Dry Cleaning 76.64 02/06/2023 January Dry Cleaning 159512 Columbia Basin Herald 547.49 02/06/2023 SMP Advertising 159513 Columbia Bearing Bdi 216.30 02/06/2023 Insert Bearings/Precision Abrasives  159514 Columbia Electric Supply 719.66 02/06/2023 Relay/Phase Meter 159515 Columbia Nw Engineer Ps 6,678.31 02/06/2023 Drone Toporgraphical Survey  Moses Lake Council Packet 2-14-23, Page 24 of 76 159516 Consolidated Disposal Service 2,625.54 02/06/2023 Disposal Load/Fuel Surcharge 159517 Consolidated Electrical Distributors Inc 374.13 02/06/2023 Fuses 159518 Copiers Northwest Inc 3,666.31 02/06/2023 Equipment Contract Fees 159519 CSWW, Inc 400.82 02/06/2023 Sea‐Foam Motor Tune Up 159520 D & D Electric Motor Srvc Inc 396.01 02/06/2023 Fabricate 2 Plow Hitches 159521 Databar Inc 3,343.71 02/06/2023 Mail Utility Bills 159522 David E. Neff 71.54 02/06/2023 Museum Prof Services 159523 Deborah Goodrich Chittenden 96.60 02/06/2023 Museum Consignment Sales 159524 Devries Information Mgmt 69.00 02/06/2023 On Site Record Destruction 159525 Direct Mail, Inc 553.80 02/06/2023 LTAC Expense 159526 Dobbs Peterbilt‐ Moses Lake 837.50 02/06/2023 Dip Stick& Tube Assy Eq#252  159527 Donald J Berg 700.00 02/06/2023 LTAC Expense 159528 Drake Brock Neff 71.54 02/06/2023 Museum Prof Services 159529 Employment Security Department 11,575.92 02/06/2023 Unemployment Claims Management Q4 159530 EMS Connect, LLC 255.50 02/06/2023 EMS Training Software 159531 Faber Industrial Supply 644.16 02/06/2023 Utility Knife Blades 159532 Fastenal Company 1,363.67 02/06/2023 Drill Bits 159533 Ferguson Enterprises Inc #3007 128.70 02/06/2023 Copper Tubing 159534 Ferrellgas 218.57 02/06/2023 Propane Eq#596 159535 Flock Group, Inc 34,688.00 02/06/2023 License Plate Reader 159536 Galls LLC 9,496.90 02/06/2023 Uniform Shirt ‐ Burns 159537 General Fire Apparatus Inc 597.41 02/06/2023 Nozzle Repair Labor 159538 GPS Vehicle Tracking Solutions 269.00 02/06/2023 Tactitrack 159539 Grainger Parts Operations 1,876.55 02/06/2023 Janitorial Supplies 159540 Grant County Animal Outreach 61,666.00 02/06/2023 Amended Contract Catch Up 159541 Grant County Health District 779.50 02/06/2023 Annual Permit‐Day Camp 159542 Great Western Recreation 2,299.53 02/06/2023 Park Bench 159543 Ground Works Three, LLC 9,166.66 02/06/2023 Rental @ Sleep Center November 22 159544 H D Fowler Company 4,871.93 02/06/2023 Complete Nozzle Section 159545 Hajoca Corp 547.89 02/06/2023 Misc Supplies **$9.86 Discount Taken 159546 Hannah Clair Allen 17.50 02/06/2023 Museum Consignment Sales 159548 IAFF Local 1258 10,150.00 02/06/2023 2301 Fire Union Dues 159549 Ibs Inc 127.17 02/06/2023 Recip Blades/Conflex Wire Wheel 159550 Idexx Distribution, Inc.7,831.15 02/06/2023 Lab Equipment 159551 IFP, Inc 4,095.00 02/06/2023 Security @ Sleep Center 159552 International Association of Arson Investiga 100.00 02/06/2023 Membership Dues ‐ Schwendemann 159553 Jerry Johnson 69.13 02/06/2023 Museum Consignment Sales 159554 Jerrys Auto Supply 739.09 02/06/2023 V‐Belt 159555 Jims Lock Service LLC 62.33 02/06/2023 Key Copies 159556 Judy Kalin 32.20 02/06/2023 Museum Consignment Sales 159557 K C D A 42,847.97 02/06/2023 LRC Furniture 159558 Katherine Kenison, PS 17,080.00 02/06/2023 City Atty Services Dec 2022 159559 Kbsn/Kdrm Radio 500.00 02/06/2023 LRC Advertising 159560 Keller Associates 29,691.00 02/06/2023 Professional Services Wastewater Plan 159561 Kelley Connect 3,394.44 02/06/2023 Museum Print Overage 159562 Kris Chudomelka 115.85 02/06/2023 Museum Consignment Sales 159563 L N Curtis & Sons 4,093.91 02/06/2023 *2022* RIT Cylinders 159564 Lad Irrigation Company Inc 308.94 02/06/2023 2023 Valve 159565 Lake Auto Parts 554.77 02/06/2023 Transmission Filter Eq#246  159566 Lakeside Industries Inc 1,243.35 02/06/2023 2023 Cold Mix 159567 LAw Enforcement Information & Records A 50.00 02/06/2023 Maslen Membership Renewal 159568 Life Flight Network 32.50 02/06/2023 New Membership‐ Kendrick Law 159569 Localtel Communications 1,073.35 02/06/2023 Internet Services Jan 2023 Moses Lake Council Packet 2-14-23, Page 25 of 76 159570 Logical Concepts, Inc.152.00 02/06/2023 2023 OmniBeacon 1‐Yr. Wireless  159571 Mark Amara 214.62 02/06/2023 Prof Services ‐ Museum 159572 Marsha Baerlocher 40.60 02/06/2023 Museum Consignment Sales 159573 Martin Law LLP 12,456.00 02/06/2023 Superfund Pro Services 159574 McKesson Medical‐Surgical 342.18 02/06/2023 Medical Supplies 159575 Modern Building Systems, Inc 894.31 02/06/2023 Rental @ Sleep Center 159576 Moon Security Services Inc 632.97 02/06/2023 February Evidence Monitoring 159577 Moses Lake Booster Club 4,522.24 02/06/2023 Little Dribblers Program 159578 Moses Lake Police Guild 5,265.00 02/06/2023 2303 Police Guild Dues 159579 Moses Lake Steel Supply 114.12 02/06/2023 Misc Supplies Eq#299 159580 Moses Lake Youth Hockey Assn 3,864.00 02/06/2023 Beginning Hockey Session Fees 159581 Multi Agency Comm Center E911 61,756.25 02/06/2023 Emergency Dispatch Services 159582 National Event Publications 3,000.00 02/06/2023 LTAC Expense 159583 Norco Enterprises Inc 1,907.82 02/06/2023 DEY‐Oxygen 159584 Northstar Chemical Inc 3,382.50 02/06/2023 Sodium Hypochlorite Well #9 159585 Northwest Barricades & Signs, LLC 51.49 02/06/2023 2022 Hoodie 159586 Northwest Sales Group, Inc.399.35 02/06/2023 Tire Spreader 159587 NYS Child Support Prosessing Center 369.22 02/06/2023 2302 Gilmartin Child Support Payment 159588 Oreilly Auto Parts 477.98 02/06/2023 Headlights/Tail Light Eq#008 W/O 58609 159589 Outdoor Power & Repair 256.77 02/06/2023 Fuel Pump/Misc Gaskets Eq#277 159590 Owen Equipment Company 1,256.39 02/06/2023 2022 Vac Repair Eq#362 159591 Oxarc Inc 117.97 02/06/2023 Fire Extinguisher ‐ Recharge (281) 159592 Pasco Tire Factory, INC 1,352.33 02/06/2023 Tires 159593 Protect Youth Sports 128.20 02/06/2023 Background Checks 159594 Qcl Inc 106.00 02/06/2023 Pre Employment Testing 159595 Quill Corporation 1,054.77 02/06/2023 HR Supplies 159596 R&M Hansen, Inc 1,728.66 02/06/2023 Laundry Services @ Sleep Center 159597 Raymond Neff 71.54 02/06/2023 Museum Prof Services 159598 Rexel USA 341.84 02/06/2023 Plug 159599 Schaeffer Mfg Company 2,322.66 02/06/2023 2023 Gear Lube/Oil 159600 SCJ Alliance 20,910.63 02/06/2023 SMP Pro Services 159601 Sea Western Inc 37.51 02/06/2023 RIT Cylinders‐ CM1176 Applied 159603 Shooting Innovations 209.98 02/06/2023 Gun Maintenance 159604 Sirennet.Com 2,362.66 02/06/2023 Emergency Lighting Eq. 052  159605 Skaug Brothers Carpet One 1,670.44 02/06/2023 Rubber Flooring 159606 Skaug Brothers Glass 363.41 02/06/2023 Install Windshield Eq#289 W/O 58602 159607 Staples Credit Plan 3,433.53 02/06/2023 Paper/Supplies 159608 Sun Graphic 679.40 02/06/2023 LTAC Expense 159609 Susan Beall 87.50 02/06/2023 Museum Consignment Sales 159610 SWARCO McCain Inc.19,512.00 02/06/2023 2023 Signal Cabinet 159611 Target Solutions Learning 99.99 02/06/2023 Crew Scheduling Software 159612 The Wide Format Company 336.04 02/06/2023 KIP Toner 159613 Traffic Safety Supply Company 1,121.42 02/06/2023 2022 Safehit Posts/Safehit Bases 159614 Trilogy Medwaste West, LLC 39.00 02/06/2023 Medical Waste Disposal 159615 Trusteed Plans Service Corp 2,730.00 02/06/2023 2302 TPSC Disability Police 159616 Tyco Inc 91.06 02/06/2023 Grease Tubes 159617 Uline 3,732.47 02/06/2023 Supplies 159618 Uniforms 2 Gear 289.46 02/06/2023 Uniform 159619 United Way Of PNW 15.00 02/06/2023 Employee Contribution 159620 Ups Freight 90.76 02/06/2023 Shipping and Service Fees 159621 Usps/Pb Postage By Phone 6,000.00 02/06/2023 Add Postage to Machine 159622 Wa Assn Sheriff Police Chiefs 305.00 02/06/2023 Fuhr Active Dues 159623 WA St Council Of FF Emp Ben 3,750.00 02/06/2023 2302 MERP Moses Lake Council Packet 2-14-23, Page 26 of 76 159624 WA State Department of Enterprise Service 600.00 02/06/2023 Program Annual Participation Fee 159625 Wapro 25.00 02/06/2023 D. Burke Membership 2023 159626 Wash Council Police & Sheriffs 1,530.00 02/06/2023 2303 WCPS Dues 159627 Washington State Association of Fire Chiefs 250.00 02/06/2023 Event Registration ‐ Beach 159628 Weinstein Beverage Company 159.50 02/06/2023 Museum Water 159629 WSCCCE, AFSCME, AFL‐CIO 3,479.98 02/06/2023 2302 AFSCME Refund to Employee 159630 Xylem Dewatering Solutions Inc 118,563.33 02/06/2023 Dri‐Prime Pump Eq. No. 459 159631 Ziggys 41.79 02/06/2023 Treated Post 159632 Zoll Medical Corp 223.13 02/06/2023 Medical Supplies 159633 Manuel De La Torre 500.00 02/07/2023 2023 Boot Reimbursement  159634 Joshua Gilmartin 150.00 02/07/2023 2023 Boot Allotment 159635 James  McEachran 277.63 02/07/2023 2023 Boot Allotment 159636 Lynn Falconer 81.00 02/07/2023 Conference Per Diem 2.2023 159637 Levi Bisnett 151.00 02/07/2023 LSAW Conference Per Diem 159638 Lakeside Disposal, Inc 275,611.37 02/07/2023 January Contract Payment 2023 159639 Leonarda Susanne Harm 100.00 02/07/2023 First Place Prize 159640 Nouryon 506.20 02/07/2023 Payment Made in Error 159641 Washington State Treasurer 235.13 02/07/2023 State Remittance for JIS/PSAE Jan 2023 159642 Annah Strader 86.62 02/07/2023 Refund Utility Overpayment 159643 CHRISTOPHER LACELLE 178.84 02/07/2023 Refund Utility Overpayment 159644 David Valdez 56.47 02/07/2023 Refund Utility Overpayment 159645 Esmeralda Moreno 62.38 02/07/2023 Refund Utility Overpayment 159646 JEFFERY KESLER 233.09 02/07/2023 Refund Utility Overpayment 159647 Shirtbuilders Inc 6,179.21 02/08/2023 Recreation Program Shirts 159648 IAFF #1258/Disab Ins 1,961.18 02/08/2023 2301 IAFF Fire Disability 2,973,171.99$   Moses Lake Council Packet 2-14-23, Page 27 of 76 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: Allison Williams, City Manager 9487 Kevin Fuhr, Police Chief Police 2/14/2023 New Business Increase of MLPD Police Investigation Drug Buy Money Account City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Authorization to increase the MLPD Police Investigation Drug Buy Money Account from $7,000 to $15,000. The increase is due to the doubling of our Street Crimes Unit from two detectives to four detectives and the increase in drug related cases and drug buys that detectives are involved in. MLPD Drug Buy Money Account Increase.pdf 131.68KB Resolution requesting to increase the MLPD Police Investigation Drug Buy Money Account from $7,000 to $15,000 is attached. The Moses Lake Police Department Police Investigation Drug Buy Money Account would be increased from $7,000 to $15,000. Options and Results Authorize the increase. Recommend a different amount for the increase. The Drug Buy Money Account would remain at $7,000. Moses Lake Council Packet 2-14-23, Page 28 of 76 RESOLUTION NO. 3932 A RESOLUTION REQUESTING AN INCREASE IN THE POLICE INVESTIGATION DRUG BUY MONEY ACCOUNT FOR THE CITY OF MOSES LAKE POLICE DEPARTMENT Recitals: 1.The Police Chief is requesting an increase from $7,000 to $15,000 in the City of Moses Lake Police Department’s Police Investigation Drug Buy Money Account. The Moses Lake Police Department regularly exceeds $7,000 in drug buy moneypurchases due to the increased number of detectives and the number of large drugcases being worked. An increase to $15,000 will allow the Moses Lake Police Department flexibility to purchase drugs in these cases without the need to continuallyrequest additional funds. 2.RCW 42.26.060 allows for the establishment and use of such petty cash accounts. Resolved: 1.The City Council of the City of Moses Lake hereby authorizes the FinanceDepartment to increase the City of Moses Lake Police Department’s PoliceInvestigation Drug Buy Money Account to $15,000.00. ADOPTED by the City Council on February 14, 2023. ________________________________________ Don Myers, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 2-14-23, Page 29 of 76 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 9706 Allison Williams Administration 2/14/2023 Consent Agenda On call contract for Aspect Consulting City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 50,000.00$50,000.00$0.00$ City Council authorization for an on-call contract with Aspect Consulting for water rights work. Professional services agreement - Aspect.docx 340.24KB Aspect Consulting has been providing water rights work for the city for a number of years. Work has included water right sourcing, work through the change application processes, water rights technical support through historic water rights appeal, water right administrative interpretations, code writing and technical analysis to support work on Well 20 with the EPA. This new contract simply updates the instrument governing their work with the city to our current contract that is on-call contract, switching from a series of change orders off an older contract model with outdated insurance requirements. Staff truly values the expertise of Aspect and considers them as an extension of our staff in this critical work needed to assure the city's long term water supply. Professional services budget exists within the 2023 budget to cover the on call contract. Options and Results Water rights work continues with Aspect. Staff will bring back options for recommended changes. Current projects would need to be transitioned to staff limiting overall productive work on this issue. Moses Lake Council Packet 2-14-23, Page 30 of 76 Moses Lake Council Packet 2-14-23, Page 31 of 76 AGREEMENT FOR CONSULTANT SERVICES FOR ON CALL SERVICES WITH ASPECT CONSULTING CITY OF MOSES LAKE THIS AGREEMENT AND CONTRACT made and entered into at Moses Lake, Washington this day of 2023, by and between the CITY OF MOSES LAKE, State of Washington, hereinafter called the "City" and Aspect Consulting, LLC a Washington limited liability company duly authorized to perform consultant services in the State of Washington, hereinafter called the "Consultant". IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: ARTICLE I - DEFINITIONS Whenever the term "City" is used herein, it is understood to mean the City of Moses Lake, of Grant County, Washington, or its authorized officers and the term "Consultant" means Aspect Consulting, LLC or its authorized representative. ARTICLE II - OBLIGATIONS OF THE CONSULTANT 1. Basic Services The basic services contemplated to be performed by the Consultant are outlined hereinafter. The City retains the right to perform any and all specific elements of such services and to accordingly reduce the work by the Consultant and remuneration to the Consultant by written modification to this Agreement or any subsequent task order. The basic services to be performed by the Consultant under this agreement are as follows: The scope of work is for providing on call technical assistance services to the city as detailed in Exhibit A: Contract Order. The City shall furnish the necessary information to direct each task order to be performed by the Consultant, and the Consultant shall rely upon the accuracy and completeness of the provided information. A. The Consultant shall supply the City with sufficient data to support their work and conclusions. B. If required by the task order, the Consultant shall, at the conclusion of the work, provide the City with a project report. The Consultant will accept the responsibility for all work involved in the production of the report. Moses Lake Council Packet 2-14-23, Page 32 of 76 D. The parties intend that an independent Consultant/City relationship will be created by this Agreement. The City is interested primarily in the results to be achieved; subject to paragraphs herein, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, servant or representative of the Consultant shall be deemed to be an employee, agent, servant or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors or representatives during the performance of this Agreement. However, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City’s general rights of inspection and review to secure the satisfactory completion thereof. 2. Special Services Certain special services may be required to support the basic services to complete the tasks and assignments required by the City. The type and extent of such special services cannot be determined at the time of execution of this agreement. However, the Consultant agrees to perform such special services as may be required to accomplish the objectives assigned by the City; providing, however, the Consultant feels capable of performing such special services. Payment for this work shall be as agreed to in writing by both parties prior to beginning said work. Both the City and the Consultant shall mutually agree, in writing, to any special services, additional services, and/or changes in services under this agreement. 3. Nondiscrimination A. The City is an equal opportunity employer. B. Nondiscrimination in Employment. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. The Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. C. Nondiscrimination in Services. The Consultant will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds Moses Lake Council Packet 2-14-23, Page 33 of 76 of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. D. If any assignment and/or subcontracting has been authorized by the City, said assignment or subcontract shall include appropriate safeguards against discrimination. The Consultant shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. 4. Indemnification Consultant shall defend, indemnify, and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 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 Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant’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. 5. Ownership of Instruments of Service The service provided by Consultant is intended for one time use only. The City shall own all reports, field data, field notes, laboratory test data, calculations, estimates, plans, specifications, record drawings, and other documents prepared by the Consultant. The Consultant shall provide the City with two hard copies and an electronic copy of any final report(s) required as deliverables of an approved task order. Final payment will not be made until Consultant provides the City with all reports, drawings, documents, and services prescribed under an approved task order. Any reuse of the deliverables beyond the scope of services outlined in a governing task order is prohibited without written authorization from the Consultant. Any reuse of the deliverables, including use by a third party, shall be without liability to the Consultant. 6. Right of Entry The City will provide for the right of entry for the Consultant, its subcontractors, and all necessary equipment in order to complete the work under this agreement. Any damage to property by the Consultant due to negligence of the Consultant or its employees shall be the responsibility of the Consultant. Moses Lake Council Packet 2-14-23, Page 34 of 76 7. Control of Work and Job-Site Safety The Consultant shall be responsible only for its activities and that of its employees, sub- consultants, and specialty contractors on any site. The Consultant will not direct, supervise or control the work of other consultants and contractors or their subcontractors. Insofar as job site safety is concerned, the Consultant is responsible only for the health and safety of its employees, sub-consultants, and specialty contractors employed by the Consultant in carrying out its work. Nothing herein shall be construed to relieve the City of Moses Lake or any other consultant or contractors from their responsibilities for maintaining a safe job site. 8. Taxes Consultant accepts full and exclusive liability as between itself and The City for the payment of any and all contributions or taxes which are measured by wages, salaries, or other remuneration paid to persons employed by Consultant or its subconsultants, or assignees for the work to be performed hereunder, or which arise by virtue of Consultant’s employment, and which now or hereafter may be imposed by any governmental authority. Such contributions or taxes, shall include, but not be limited to, Unemployment Insurance, Worker’s Compensation, Old Age Retirement Benefits, Medicaid, Disability, Pensions or Annuities, and Income Taxes. Consultant shall comply with all laws and administrative regulations relating to such contributions or taxes. Consultant accepts full and exclusive liability for and shall pay all sales, use, gross receipts, and any other taxes arising from the fees paid to Consultant by the City for Consultant’s performance of this Agreement. Consultant shall complete and maintain its registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this Agreement. 9. Compliance with Laws and Warranty A. The Consultant, in the performance of this Agreement, shall comply with all applicable federal, state or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in this Agreement to assure quality of services. B. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. C. The Consultant represents that it has the skills and knowledge necessary to competently provide the services set forth in Exhibit A and agrees to provide the professional services under this Agreement in accordance with the care and skill ordinarily used by members of the same profession practicing under similar conditions at the same time and in the same locality. The Consultant further agrees Moses Lake Council Packet 2-14-23, Page 35 of 76 that it shall be responsible for the professional quality, technical accuracy and coordination of all designs, drawings, specifications, and other services furnished under this Agreement. The Consultant will re-perform at the City’s request any services not meeting this standard without additional compensation. ARTICLE Ill - OBLIGATIONS OF THE CITY 1. Authorization The work required under this Agreement or any subsequent task order shall not begin, nor shall the City assume any obligation for the work involved until the Consultant is given authorization to proceed. Such authorization by the City Manager of Moses Lake shall not become effective prior to the date of execution of this Agreement or any task order specifically drafted for the work in question. 2. Information and Data In order to facilitate the work as outlined above, the City shall furnish to the Consultant all information having a bearing on the project that the City has, as requested by the Consultant. 3. Remuneration For the professional services as outlined in Exhibit A, the City shall reimburse the Consultant on a monthly basis for an invoice submitted by the Consultant as approved by the City pursuant to the rates and authorized expenses as outlined in Exhibit A. The City may require the invoice to reflect the Consultant’s original task order fee estimate to complete the work that was accomplished during the invoice period. No payment made to Consultant shall be construed as an acceptance of work or any portion thereof. ARTICLE IV - INSURANCE A. Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. B. Minimum Scope of Insurance Moses Lake Council Packet 2-14-23, Page 36 of 76 Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. C. Minimum Amounts of Insurance Consultant 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. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. D. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: i. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation The Consultant shall provide the City with written notice of any policy cancellation within Moses Lake Council Packet 2-14-23, Page 37 of 76 two business days of their receipt of such notice. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Failure to Maintain Insurance Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days’ notice to the Consultant to correct the breach, immediately terminate the contract. City Full Availability of Consultant Limits If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. ARTICLE V-GENERAL PROVISIONS 1. Termination The City may terminate the Agreement without cause at any time by giving the Consultant 30 days’ written notice of such termination. If any portion of the authorized work covered by this Agreement and begun by the Consultant is abandoned, unreasonably delayed or indefinitely postponed by the City, the Consultant may also terminate this Agreement by giving 30 days written notice. The City may terminate the Agreement immediately at any time if the Consultant is in violation of any of the provisions of the Agreement. In the event of termination of this Agreement by either party, the Consultant shall be paid for all services rendered by the Consultant up to the date of termination, in accordance with the payment provisions of this Agreement. If the Consultant has any property in its possession belonging to the City, the Consultant will account for the same, and dispose of it in the manner directed by the City. 2. Personal Liability of Public Officials Moses Lake Council Packet 2-14-23, Page 38 of 76 Neither the City employees nor any elected official of the City shall be personally responsible for any liability arising under or growing out of this Agreement. 3. Time Limitations and Jurisdiction For the convenience of the parties to the Agreement it is mutually agreed by the parties that any claims or causes of action which the Consultant has against the City arising from the Agreement shall be brought within 180 calendar days from the date of the end of the Agreement; and it is further agreed that any such claims or causes of action shall be brought only in the Superior Court of Grant County. The parties understand and agree that the Consultant's failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action. It is further mutually agreed by the parties that when any claims or causes of action which the Consultant asserts against the City arising from the Agreement are filed, the Consultant shall permit the City to have timely access to any records deemed necessary by the City to assist in evaluating the claims or action. 4. Assignment and Subcontracting A. The Consultant shall not assign its performance under this Agreement or any portion of this Agreement without the written consent of the City, and it is further agreed that said consent must be sought in writing by the Consultant not less than thirty (30) days prior to the date of any proposed assignment. The City reserves the right to reject without cause any such assignment. B. Any work or services assigned hereunder shall be subject to each provision of this Agreement and proper bidding procedures where applicable as set forth in local, state and/or federal statutes, ordinances and guidelines. C. Any technical/professional service subcontract not listed in this Agreement, must have express advance approval by the City. D. The Consultant shall be responsible and liable for the performance of its consultants, subcontractors or assignees who perform any portion of the work or services and shall provide in written agreements with them the same duties and obligations required of the Consultant under this Agreement. The City shall incur no additional costs as a result of any such subcontract or assignment and no liability to any subcontractor or assignee. 5. Changes Either party may request changes to the scope of services and performance to be provided hereunder, however, no change or addition to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and signed by both parties. Such amendments shall be attached to and made part of this Agreement. A change in scope of services shall be approved by the City and executed in writing by the City Manager before Moses Lake Council Packet 2-14-23, Page 39 of 76 any changes in the scope of services are authorized. All terms and conditions contained in this Agreement shall be applicable to any change in the scope of services. 6. Notice Any notice that any party hereto desires or is required to give the other party shall be made in writing and sent by certified mail, return receipt requested. Any such notice shall be deemed delivered upon deposit thereof in the United States mail with postage prepaid, addressed as follows: The City of Moses Lake PO Box 1579 Moses Lake, WA 98837 Any party may change the address hereinabove specified by giving written notice thereof to the persons identified in this Section. 7. Severability A. If, for any reason, any part, term or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. 8. Entire Agreement The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification of this Agreement shall be in writing and signed by both parties. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for termination. Both parties recognize time is of the essence in the performance of the provisions of this Agreement. It is also agreed by the parties that the forgiveness of the nonperformance of any provision of this Agreement does not constitute a waiver of the provisions of this Agreement. 9. Counterparts This Agreement may be executed in counterparts, each of which, when combined, shall constitute one single binding agreement. Moses Lake Council Packet 2-14-23, Page 40 of 76 10. No Presumption Against Drafter This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. 11. Litigation Assistance If required, the Consultant agrees to assist the City in its preparation for arbitration, adjudication, or administrative proceedings and to testify and otherwise to provide evidence on the City’s behalf herein. Compensation for said services shall be based upon a time and material basis to be negotiated and agreed upon by the parties. 12. Waiver Waiver by the City of any default or breach of the Consultant of any provisions of this Agreement shall have no force or effect unless in writing, nor shall any waiver by the City of any default or breach of the Consultant be construed as a waiver of any other future default or breach of the same provision or any other provision of the Agreement. ARTICLE VI - SERVICES I. Scope of Work The Consultant shall assist the City and provide on call technical assistance for projects as outlined in Exhibit A. II. Consultant’s Payment Payment to the Consultant will be made after the billings have been approved by the City Council. The City Council meets on the second and fourth Tuesday of each month. Billings received prior to the Tuesday preceding the Council meeting will be processed for the upcoming meeting. Consultant shall submit documentation, signed by the Consultant’s principal, listing personnel and their dates and hours worked. Fees shall be as listed in Exhibit A, Schedule of Charges and are limited to those charges unless written advance authorization is provided by the City. Moses Lake Council Packet 2-14-23, Page 41 of 76 This agreement expires ________________, 202_, unless an extension is mutually agreed to in writing by principals of both parties. CITY OF MOSES LAKE Aspect Consulting, LLC By:_____________________________ By:_______________________________ Allison Williams Daniel R. Haller, PE, CWRE City Manager Principal Water Resources Engineer Date:__________________________ Date:______________________________ APPROVED AS TO FORM: ________________________________ Date:_____________________________ Katherine L. Kenison City Attorney Moses Lake Council Packet 2-14-23, Page 42 of 76 EXHIBIT A CONTRACT ORDER SCHEDULE OF CHARGES Moses Lake Council Packet 2-14-23, Page 43 of 76 Moses Lake Council Packet 2-14-23, Page 44 of 76 Moses Lake Council Packet 2-14-23, Page 45 of 76 Moses Lake Council Packet 2-14-23, Page 46 of 76 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 9656 Allison Williams, City Manager Administration 2/14/2023 Consent Agenda DOH Associates Police Station Owner's Rep Contract City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 389,614.00$150,000.00$0.00$ Motion to authorize the City Manager to enter into the contract for services with the DOH Associates, PS. DOH Associates agreement.docx 456.38KB The Moses Lake City Council authorized staff to move forward with the design and bid of the new police station. As was done with the Larson Recreation Center project, an owner's representative is being recommended for the oversight of the project. The day to day management of a construction project of this magnitude is beyond the every day scope of city staff. In the case of the Larson Recreation Center, savings were achieved that covered the cost of the owner's rep had they not been on site. This contract anticipates expenditure for 2023 with the remainder rolling into 2024 through to project closeout in 2025. Duties include working through the review of schematic design, design development, construction documents, bidding, construction administration and project close out. The contract anticipates time, mileage to the site and required special inspections. Funds are budgeted for the design and construction of the new police station. Options and Results Motion to approve moves the contract forward. Staff will bring back options for recommended changes. The contract would not move forward.Moses Lake Council Packet 2-14-23, Page 47 of 76 Moses Lake Council Packet 2-14-23, Page 48 of 76 AGREEMENT FOR CONSULTANT SERVICES FOR OWNER’S REPRESENTATION FOR MOSES LAKE POLICE STATION PROJECT CITY OF MOSES LAKE THIS AGREEMENT AND CONTRACT made and entered into at Moses Lake, Washington this day of 2023, by and between the CITY OF MOSES LAKE, State of Washington, hereinafter called the "City" and The DOH Associates, PS, a professional service corporation duly authorized to perform consultant services in the State of Washington, hereinafter called the "Consultant". IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: ARTICLE I - DEFINITIONS Whenever the term "City" is used herein, it is understood to mean the City of Moses Lake, of Grant County, Washington, or its authorized officers and the term "Consultant" means The DOH Associates, PS, or its authorized representative. ARTICLE II - OBLIGATIONS OF THE CONSULTANT 1. Basic Services The basic services contemplated to be performed by the Consultant are outlined hereinafter. The City retains the right to perform any and all specific elements of such services and to accordingly reduce the work by the Consultant and remuneration to the Consultant by written modification to this Agreement or any subsequent task order. The basic services to be performed by the Consultant under this agreement are as follows: The scope of work is for providing owner representation for the Police Station project further detailed in Exhibit A. The City shall furnish the necessary information to direct each task order to be performed by the Consultant, and the Consultant shall rely upon the accuracy and completeness of the provided information. A. The Consultant shall supply the City with sufficient data to support their work and conclusions. B. If required by the task order, the Consultant shall, at the conclusion of the work, provide the City with a project report. The Consultant will accept the responsibility for all work involved in the production of the report. Moses Lake Council Packet 2-14-23, Page 49 of 76 D. The parties intend that an independent Consultant/City relationship will be created by this Agreement. The City is interested primarily in the results to be achieved; subject to paragraphs herein, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, servant or representative of the Consultant shall be deemed to be an employee, agent, servant or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors or representatives during the performance of this Agreement. However, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City’s general rights of inspection and review to secure the satisfactory completion thereof. 2. Special Services Certain special services may be required to support the basic services to complete the tasks and assignments required by the City. The type and extent of such special services cannot be determined at the time of execution of this agreement. However, the Consultant agrees to perform such special services as may be required to accomplish the objectives assigned by the City; providing, however, the Consultant feels capable of performing such special services. Payment for this work shall be as agreed to in writing by both parties prior to beginning said work. Both the City and the Consultant shall mutually agree, in writing, to any special services, additional services, and/or changes in services under this agreement. 3. Nondiscrimination A. The City is an equal opportunity employer. B. Nondiscrimination in Employment. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. The Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. C. Nondiscrimination in Services. The Consultant will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds Moses Lake Council Packet 2-14-23, Page 50 of 76 of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. D. If any assignment and/or subcontracting has been authorized by the City, said assignment or subcontract shall include appropriate safeguards against discrimination. The Consultant shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. 4. Indemnification Consultant shall defend, indemnify, and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 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 Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant’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. 5. Ownership of Instruments of Service The service provided by Consultant is intended for one time use only. The City shall own all reports, field data, field notes, laboratory test data, calculations, estimates, plans, specifications, record drawings, and other documents prepared by the Consultant. The Consultant shall provide the City with two hard copies and an electronic copy of any final report(s) required as deliverables of an approved task order. Final payment will not be made until Consultant provides the City with all reports, drawings, documents, and services prescribed under an approved task order. Any reuse of the deliverables beyond the scope of services outlined in a governing task order is prohibited without written authorization from the Consultant. Any reuse of the deliverables, including use by a third party, shall be without liability to the Consultant. 6. Right of Entry The City will provide for the right of entry for the Consultant, its subcontractors, and all necessary equipment in order to complete the work under this agreement. Any damage to property by the Consultant due to negligence of the Consultant or its employees shall be the responsibility of the Consultant. Moses Lake Council Packet 2-14-23, Page 51 of 76 7. Control of Work and Job-Site Safety The Consultant shall be responsible only for its activities and that of its employees, sub- consultants, and specialty contractors on any site. The Consultant will not direct, supervise or control the work of other consultants and contractors or their subcontractors. Insofar as job site safety is concerned, the Consultant is responsible only for the health and safety of its employees, sub-consultants, and specialty contractors employed by the Consultant in carrying out its work. Nothing herein shall be construed to relieve the City of Moses Lake or any other consultant or contractors from their responsibilities for maintaining a safe job site. 8. Taxes Consultant accepts full and exclusive liability as between itself and The City for the payment of any and all contributions or taxes which are measured by wages, salaries, or other remuneration paid to persons employed by Consultant or its subconsultants, or assignees for the work to be performed hereunder, or which arise by virtue of Consultant’s employment, and which now or hereafter may be imposed by any governmental authority. Such contributions or taxes, shall include, but not be limited to, Unemployment Insurance, Worker’s Compensation, Old Age Retirement Benefits, Medicaid, Disability, Pensions or Annuities, and Income Taxes. Consultant shall comply with all laws and administrative regulations relating to such contributions or taxes. Consultant accepts full and exclusive liability for and shall pay all sales, use, gross receipts, and any other taxes arising from the fees paid to Consultant by the City for Consultant’s performance of this Agreement. Consultant shall complete and maintain its registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this Agreement. 9. Compliance with Laws and Warranty A. The Consultant, in the performance of this Agreement, shall comply with all applicable federal, state or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in this Agreement to assure quality of services. B. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. C. The Consultant represents that it has the skills and knowledge necessary to competently provide the services set forth in Exhibit A and agrees to provide the professional services under this Agreement in accordance with the care and skill ordinarily used by members of the same profession practicing under similar conditions at the same time and in the same locality. The Consultant further agrees Moses Lake Council Packet 2-14-23, Page 52 of 76 that it shall be responsible for the professional quality, technical accuracy and coordination of all designs, drawings, specifications, and other services furnished under this Agreement. The Consultant will re-perform at the City’s request any services not meeting this standard without additional compensation. ARTICLE Ill - OBLIGATIONS OF THE CITY 1. Authorization The work required under this Agreement or any subsequent task order shall not begin, nor shall the City assume any obligation for the work involved until the Consultant is given authorization to proceed. Such authorization by the City Manager of Moses Lake shall not become effective prior to the date of execution of this Agreement or any task order specifically drafted for the work in question. 2. Information and Data In order to facilitate the work as outlined above, the City shall furnish to the Consultant all information having a bearing on the project that the City has, as requested by the Consultant. 3. Remuneration For the professional services as outlined in Exhibit A, the City shall reimburse the Consultant on a monthly basis for an invoice submitted by the Consultant as approved by the City pursuant to the rates and authorized expenses as outlined in Exhibit B. The City may require the invoice to reflect the Consultant’s original task order fee estimate to complete the work that was accomplished during the invoice period. No payment made to Consultant shall be construed as an acceptance of work or any portion thereof. ARTICLE IV - INSURANCE A. Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. B. Minimum Scope of Insurance Moses Lake Council Packet 2-14-23, Page 53 of 76 Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. C. Minimum Amounts of Insurance Consultant 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. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. D. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: i. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation The Consultant shall provide the City with written notice of any policy cancellation within Moses Lake Council Packet 2-14-23, Page 54 of 76 two business days of their receipt of such notice. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Failure to Maintain Insurance Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days’ notice to the Consultant to correct the breach, immediately terminate the contract. City Full Availability of Consultant Limits If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. ARTICLE V-GENERAL PROVISIONS 1. Termination The City may terminate the Agreement without cause at any time by giving the Consultant 30 days’ written notice of such termination. If any portion of the authorized work covered by this Agreement and begun by the Consultant is abandoned, unreasonably delayed or indefinitely postponed by the City, the Consultant may also terminate this Agreement by giving 30 days written notice. The City may terminate the Agreement immediately at any time if the Consultant is in violation of any of the provisions of the Agreement. In the event of termination of this Agreement by either party, the Consultant shall be paid for all services rendered by the Consultant up to the date of termination, in accordance with the payment provisions of this Agreement. If the Consultant has any property in its possession belonging to the City, the Consultant will account for the same, and dispose of it in the manner directed by the City. 2. Personal Liability of Public Officials Moses Lake Council Packet 2-14-23, Page 55 of 76 Neither the City employees nor any elected official of the City shall be personally responsible for any liability arising under or growing out of this Agreement. 3. Time Limitations and Jurisdiction For the convenience of the parties to the Agreement it is mutually agreed by the parties that any claims or causes of action which the Consultant has against the City arising from the Agreement shall be brought within 180 calendar days from the date of the end of the Agreement; and it is further agreed that any such claims or causes of action shall be brought only in the Superior Court of Grant County. The parties understand and agree that the Consultant's failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action. It is further mutually agreed by the parties that when any claims or causes of action which the Consultant asserts against the City arising from the Agreement are filed, the Consultant shall permit the City to have timely access to any records deemed necessary by the City to assist in evaluating the claims or action. 4. Assignment and Subcontracting A. The Consultant shall not assign its performance under this Agreement or any portion of this Agreement without the written consent of the City, and it is further agreed that said consent must be sought in writing by the Consultant not less than thirty (30) days prior to the date of any proposed assignment. The City reserves the right to reject without cause any such assignment. B. Any work or services assigned hereunder shall be subject to each provision of this Agreement and proper bidding procedures where applicable as set forth in local, state and/or federal statutes, ordinances and guidelines. C. Any technical/professional service subcontract not listed in this Agreement, must have express advance approval by the City. D. The Consultant shall be responsible and liable for the performance of its consultants, subcontractors or assignees who perform any portion of the work or services and shall provide in written agreements with them the same duties and obligations required of the Consultant under this Agreement. The City shall incur no additional costs as a result of any such subcontract or assignment and no liability to any subcontractor or assignee. 5. Changes Either party may request changes to the scope of services and performance to be provided hereunder, however, no change or addition to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and signed by both parties. Such amendments shall be attached to and made part of this Agreement. A change in scope of services shall be approved by the City and executed in writing by the City Manager before Moses Lake Council Packet 2-14-23, Page 56 of 76 any changes in the scope of services are authorized. All terms and conditions contained in this Agreement shall be applicable to any change in the scope of services. 6. Notice Any notice that any party hereto desires or is required to give the other party shall be made in writing and sent by certified mail, return receipt requested. Any such notice shall be deemed delivered upon deposit thereof in the United States mail with postage prepaid, addressed as follows: The City of Moses Lake PO Box 1579 Moses Lake, WA 98837 Any party may change the address hereinabove specified by giving written notice thereof to the persons identified in this Section. 7. Severability A. If, for any reason, any part, term or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. 8. Entire Agreement The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification of this Agreement shall be in writing and signed by both parties. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for termination. Both parties recognize time is of the essence in the performance of the provisions of this Agreement. It is also agreed by the parties that the forgiveness of the nonperformance of any provision of this Agreement does not constitute a waiver of the provisions of this Agreement. 9. Counterparts This Agreement may be executed in counterparts, each of which, when combined, shall constitute one single binding agreement. Moses Lake Council Packet 2-14-23, Page 57 of 76 10. No Presumption Against Drafter This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. 11. Litigation Assistance If required, the Consultant agrees to assist the City in its preparation for arbitration, adjudication, or administrative proceedings and to testify and otherwise to provide evidence on the City’s behalf herein. Compensation for said services shall be based upon a time and material basis to be negotiated and agreed upon by the parties. 12. Waiver Waiver by the City of any default or breach of the Consultant of any provisions of this Agreement shall have no force or effect unless in writing, nor shall any waiver by the City of any default or breach of the Consultant be construed as a waiver of any other future default or breach of the same provision or any other provision of the Agreement. ARTICLE VI - SERVICES I. Scope of Work The Consultant shall assist the City and provide owner representation for the Police Station project as outlined in Exhibit A; II. Consultant’s Payment Payment to the Consultant will be made after the billings have been approved by the City Council. The City Council meets on the second and fourth Tuesday of each month. Billings received prior to the Tuesday preceding the Council meeting will be processed for the upcoming meeting. Consultant shall submit documentation, signed by the Consultant’s principal, listing personnel and their dates and hours worked. Fees shall be as listed in Exhibit B and are limited to those charges unless written advance authorization is provided by the City. Moses Lake Council Packet 2-14-23, Page 58 of 76 This agreement expires ________________, 202_, unless an extension is mutually agreed to in writing by principals of both parties. CITY OF MOSES LAKE THE DOH ASSOCIATES, PS By:_____________________________ By:_______________________________ Allison Williams Title: __________________ City Manager Date:_____________________________ Date:_____________________________ APPROVED AS TO FORM: ________________________________ Date:_____________________________ Katherine L. Kenison City Attorney Moses Lake Council Packet 2-14-23, Page 59 of 76 Moses Lake Council Packet 2-14-23, Page 60 of 76 Moses Lake Council Packet 2-14-23, Page 61 of 76 EXHIBIT B Moses Lake Council Packet 2-14-23, Page 62 of 76 As a result of the deep aquifer decline, the City of Moses Lake is experiencing serious water supply issues ... Solutions to this issue are not easy and require a comprehensive approach, first among those is a committed and coordinated effort by all of our partners in the region. Education and outreach Additional tier-rates for all users Developing plans to reduce potable water irrigation usage on city owned properties and recreation facilities. Current normal water system demand is 4.2 mg/d. Summer demand is 16 mg/d. This increase is well outside of national averages and planning standards (AWWA). Six of our 18 wells currently require additional summer demand monitoring and management because of lost aquifer capacity, with peak day demand at 20 - 22mg. In 2022, the city invested in an aggressive conservation campaign that includes: The city is committing to a 5-year potable water irrigation reduction of 50% and are in the process of updating the 2015 Comprehensive Water System Plan. When the city transitions to surface/shallow water, the required treatment and estimated cost for total water needs is in excess of $230M. MAJOR ISSUES PUBLIC SAFETY The City of Moses Lake continues to see declining water levels in most of the city’s wells. These declining water levels have resulted in a decreased ability to provide water to the community. The city is currently evaluating other water sources, enhancing water conservation as well as education and outreach, working to reduce reliance on potable water as a primary irrigation source, completing multiple storage and well rehabilitation projects, and identifying elements in city code to meet council goals. CITY OF MOSES LAKE W A T E R P U R V E Y O R P R O F I L E Reduced Pumping Capacity Intermittent Well Failures Insufficient Budget to Address Issues Public Safety Concern Fire Protection Concern Six of 18 wells currently require additional summer demand monitoring and management. Updating groundwater model Sustainable source identification Shallow suprabasalt sediment Regulatory Support Acquiring the necessary water rights. Streamlining water transfer process IMMEDIATE NEEDS WATER SOURCES 18 GROUNDWATER WELLS Depth: 500 - 1200 ft Pump Range: 400 - 750 ft Sources: Wanapum, Grande Ronde CONCERNS Deep water: Soft, Warm, Hydrogen Sulfide Shallow water: Hard, Calcium Variable Water Composition FAST FACTS Service Population: 26,040 (2022) Median Income: $60,000 (2020) Water Rates: Single Family Tier 1 $0.42/100cft Single Family Tier 2 $1.27/100cft Single Family Tier 3 $2.65/100cft Additional Rates: Multi-Family Rate $0.85/100cft Commercial Rate $1.02/100cft Industrial Rate $1.02/100cft Irrigation Rate $1.25/100cft Growth Rate: 3% per year Main Industries: Agriculture, Technology, and Manufacturing CONTACTS Kirk Holmes Interim Municipal Services Director, City of Moses Lake kholmes@cityofml.com Chad Strevy Water Division Manager, City of Moses Lake cstrevy@cityofml.com J a n u a r y 2 0 2 3C o l u m b i a B a s i n S u s t a i n a b l e G r o u n d w a t e r C o a l i t i o n Funding for water rights and infrastructure. Determine viability of surface water as a potential treated and potable source Potential transfer of existing deep aquifer rights to shallow water rights. -Allison Williams, City Manager Moses Lake Council Packet 2-14-23, Page 63 of 76 Council Staff Report To: From For Agenda of: Subject Reviewed and Approved by: Amount Budgeted:Appropriation Required: Allison Williams, City Manager Brett Bastian 2/14/2023 Agenda Item Number: 9613 Department Fire Proceeding Type Admin Report Ambulance Cost of Service Study City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services Expenditure Required: $ 0.00 Action Requested No action required. 60,000.00$0.00$ 106.32KB Packet Attachments (if any) RFP_CostofService_Ambulance.docx Overview The last ambulance cost of service study was completed in 2016. In accordance with state law we must conduct a cost of service study before any adjustment to the utility rate is made, exclusive of annual CPI increases. With the substantial increases in call volume that the Moses Lake Fire Department has experienced in the past few years it is necessary to bring on additional staff and provide additional ambulances to meet the needs of our growing community. These needs carry financial considerations and in order to better clarify those financial considerations we will need to pinpoint costs associated with availability and demand costs of the system. In order to complete the cost of service study we are requesting authorization to publish a request for proposals for interested consultants to provide quotes for this service study. Fiscal and Policy Implications Funds are included in the 2023 budget, and the contract amount is within the City Manager's authority to execute. X Moses Lake Council Packet 2-14-23, Page 64 of 76 Options and Results Approve, Authorize, or Adopt: N-A. Provide Amended Direction: N-A No Action Taken: N-A Moses Lake Council Packet 2-14-23, Page 65 of 76 REQUEST FOR PROPOSAL TO PROVIDE Ambulance Cost of Service Study DUE DATE: March 28, 2023 by 5 p.m. FINANCE DEPARTMENT 401 S BALSAM STREET MOSES LAKE WA 98837 509-764-3732 Moses Lake Council Packet 2-14-23, Page 66 of 76 CITY OF MOSES LAKE, WASHINGTON | COST OF SERVICE STUDY 2 TABLE OF CONTENTS 1.0 Information and Instructions 3 1.1 Invitation to propose 3 1.2 Intent of the City 3 1.3 Submittal 3 1.4 Late Submittals and Modifications 4 1.5 Withdrawal of Submittals 4 1.6 Conditions Affecting the Work 4 1.7 Explanations for Submitting Vendors 4 1.8 City Representatives 5 1.9 Form of Submittals 5 1.10 Basis for Selection 5 1.11 Professional Services Agreement 6 2.0 Scope of Work 6 2.1 Background 7 2.2 Scope Components 7 3.0 Requirements and Qualifications 7 3.1 Submittal Requirements 7 3.2 Vendor Qualifications 9 4.0 Vendor Selection Procedures 9 4.1 Evaluation Criteria 9 4.2 Interview Criteria 10 Moses Lake Council Packet 2-14-23, Page 67 of 76 CITY OF MOSES LAKE, WASHINGTON | COST OF SERVICE STUDY 3 1.0 Information and Instructions 1.1 Invitation to Propose The City of Moses Lake, Washington, (City) is requesting proposals from qualified firms to provide a cost of service study for ambulance services operated by the City of Moses Lake Fire Department. 1.2 Intent of the City of Moses Lake The objective of the Request for Proposal (RFP) is to provide sufficient information to enable qualified vendors to submit a written proposal that demonstrates recent experience in conducting cost of service analysis for utilities such as the ambulance utility operated by the City of Moses Lake. Preference will be given to firms that demonstrate an understanding of ambulance service operations within the fire service, particularly in all career or combination departments operating services with dual-role firefighters as it relates to emergency medical services. The selected vendor is expected to work closely with the City as part of the service team to successfully provide the services requested. This RFP is not a contractual offer, nor is it a commitment to purchase services. Contents of this RFP and the vendor’s submittal will be used as the basis to determine final contractual obligations. It is understood that this RFP and the successful vendor submittal may be attached or included by reference, in part or in whole, to any agreement regarding the services included in this RFP between the City and said vendor. 1.3 Submittal Interested vendors are required to submit one (1) original and four (4) copies of their physical, sealed submittal. Failure to provide the submittal in the appropriate numbers and formats will result in disqualification. Email or fax submittals are not permitted and will not be accepted. Submit the above to the following address: CITY OF MOSES LAKE FINANCE DEPARTMENT ATTN: CITY CLERK PO BOX 1579 401 S BALSAM STREET MOSES LAKE, WA 98837 Moses Lake Council Packet 2-14-23, Page 68 of 76 CITY OF MOSES LAKE, WASHINGTON | COST OF SERVICE STUDY 4 The outside of the envelope must bear the following notation: CITY OF MOSES LAKE, WASHINGTON REQUEST FOR QUALIFICATIONS AMBULANCE COST OF SERVICE DUE DATE: March 28, 2023 AT 5:00PM 1.4 Late submittals and Modifications Submittals and modifications thereof received after the stated time of closing will be returned unopened. The City is not responsible for late deliveries. Time of closing will be determined by the Pacific Time Clock at http://www.time.gov/. 1.5 Withdrawal of Submittals Submittals may be withdrawn by written request up to one (1) hour after the stated time of closing, as mentioned above. Determination of the one-hour grace period shall be calculated based on the same reference as in Section 1.4. 1.6 Conditions Affecting the Work Before submitting a proposal, each submitting vendor is advised to: A. Examine the RFP documents thoroughly. B. Familiarize himself/herself with federal, state, and local laws, ordinances, rules, and regulations that may – in any manner – affect the cost, progress, or performance of the work. C. Study and carefully correlate said vendor’s observations with the RFP. Failure to do so will not relieve any vendor from any contractual obligations of the work described herein. 1.7 Explanations for Submitting Vendors There are eleven (11) pages in this RFP, including the cover sheet and table of contents; each is sequentially numbered in the bottom right corner of the page. It is the responsibility of the submitting vendor to ensure that all pages are included. If any pages are missing, the vendor should immediately request a cop of the missing page(s) by emailing the request to both City Representatives listed in Section 1.8. Please write “Ambulance Cost of Service Study” in the subject line. It is the responsibility of the vendor to procure missing pages; submittals based on incomplete information will not be granted exception for any faults deriving thereof. Any explanation desired by a submitting vendor regarding the meaning or interpretation of the RFP, or any part thereof, must be requested in writing (via Moses Lake Council Packet 2-14-23, Page 69 of 76 CITY OF MOSES LAKE, WASHINGTON | COST OF SERVICE STUDY 5 email) and directed to both City Representatives listed in Section 1.8, no less than two business days prior to the time that submittals are due. Any interpretation made will be in the form of an addendum to the RFP, issued by the City and will be posted to the City Website – http://www.cityofml.com. It is the sole responsibility of the vendor to obtain any RFP updates or addenda. 1.8 City Representatives Madeline Prentice, Finance Director City of Moses Lake – Finance PO Box 1579 401 S Balsam ST Moses Lake, WA 98837 mprentice@cityofml.com Brett Bastian, Fire Chief City of Moses Lake – Fire 701 E 3rd AVE Moses Lake, WA 98837 bbastian@cityofml.com 1.9 Form of Submittals To assist in the evaluation process, submittals shall conform to the following: 1.9.1 General: A. The submittal shall be limited to a maximum of 16 numbered pages (8 double-sided pages). B. All pages will be counted towards the page total, except for the front cover, back cover, tab pages, resumes, references, and the cover letter. The cover letter shall be limited to a maximum of 1 double- sided page. C. All pages shall be printed on 8/12” x 11” size paper and shall be printed double-sided. D. Font shall be no smaller than 10 point. 1.10 Basis for Selection 1.1.1 General: The selection will be based on demonstrated qualifications for similar services provided. For the purpose of this RFP, “similar services” shall mean the services involved in cost of service analysis for municipal or local government operated utilities; the services were of similar complexity; and the services were of a similar type or scope. The vendor must also Moses Lake Council Packet 2-14-23, Page 70 of 76 CITY OF MOSES LAKE, WASHINGTON | COST OF SERVICE STUDY 6 demonstrate the ability to work closely with City Finance and Fire Department. 1.1.2 Selection Committee: The Selection Committee shall be made up of 5 City Staff members. 1.1.3 Ranking: A. Submittals will be ranked based on the following categories: a. Requested services understanding and approach b. Service team experience and qualifications c. Presentation, organization, and clarity of RFP Submittal. B. Final Selection: a. The vendor judged to be the most qualified based on all the information presented and evaluated will be selected. b. The selected vendor shall be notified in writing. No other method shall be official notification of selection by the city. c. The selection of the committee shall be final. The City reserves the right to reject any or all the submittals. If the City elects to select one of the submitting vendors, the City will have the right to negotiate with said submitting vendor over the final terms and conditions of the contract in the best interest of the City. The primary objective of the negotiations is to maximize the City’s ability to obtain the best value, based on the requirements and evaluations relating to this RFP. If an agreement cannot be reached, the negotiations will be terminated and similar negotiations will occur with the second ranked submitting vendor. 1.11 Professional Services Agreement The successful vendor will be required to sign the City’s Professional Services Agreement, a copy of which can be obtained from the City Representatives listed in Section 1.8. Please write “AMBULANCE COST OF SERVICE” in the subject line. All submitting vendors are directed to carefully review the Professional Services Agreement before preparing their submittal, as the successful vendor will not be allowed to modify the wording of the City’s Professional Services Agreement. The successful vendor’s refusal to sign the City’s Professional Services Agreement will render their submission nonresponsive, all dialogues will be immediately terminated, and negotiations will begin with the second ranked submitting vendor. 2.0 Scope of Work 2.1 Background The City provides fire, emergency medical, technical rescue, hazardous materials, prevention, and investigations services. The City realizes that not all aspects of the Moses Lake Council Packet 2-14-23, Page 71 of 76 CITY OF MOSES LAKE, WASHINGTON | COST OF SERVICE STUDY 7 emergency services system can be adequately described within this request for proposal. The City will work closely with the successful proposer to develop any other necessary criteria for the most efficient analysis. 2.2 Scope Components 2.2.1 The vendor may not access individual patient records when conducting the analysis. 2.2.2 The City shall provide the vendor with a current list of charges and notify the vendor within five working days of any changes to those charges. 2.2.3 The City will provide the most accurate and complete incident response information they can. 2.2.4 The vendor will analyze revenue and expenditures for the ambulance utility and will work closely with the finance and fire departments during the information gathering period of the analysis. 2.2.5 The vendor is responsible for providing a final product to the City of Moses Lake not later than April 30, 2023, and will provide a detailed presentation to the Moses Lake City Council during a scheduled study session on a date to be determined. Related Services Any contract award resulting from this solicitation may be expanded to cover related items provided that such services are normally furnished by the vendor. 3.0 Requirements and Qualifications 3.1 Submittal Requirements Formatting of the submittal shall be set for in section 1.9 of this RFP. In addition to these formatting requirements, per Section 4.1 the following items, at a minimum, must be included in the submittal: 3.1.1 Service Understanding & Approach: A. Provide a statement of understanding the services requested which shall cover but not be limited to: 1. Understanding of need of the services requested 2. Challenges, pitfalls, and issues involved in the services requested. 3. Level of commitment the vendor believes is necessary for the services requested. Moses Lake Council Packet 2-14-23, Page 72 of 76 CITY OF MOSES LAKE, WASHINGTON | COST OF SERVICE STUDY 8 B. Provide a description of the firm’s ability to develop creative solutions utilizing examples from previous work that had similar challenges, pitfalls, and issues as example. 3.1.2 Service Team Experience & Qualifications: A. Documentation of qualifications of the proposed service team members on previous work of similar size and complexity. Provide documentation which substantiates your firm’s ability to satisfy the qualifications listed above. B. Identify at least two examples of previous work where submitting firms served as the utility cost of service analysis and which contain scope components that mimic or are similar in nature to those outlined in Section 2.0. Scoring of this requirement will be weighted in favor of referenced previous work which closely resemble the City’s services requested objectives. For each example identified, provide the following: 1. Client name; 2. Description of the services provided; 3. Role of the firm in delivering the services; 4. Year services performed C. Submitted resumes shall not exceed one page in length per team member. Resumes are not counted in the overall page total. DO NOT submit resumes for employees who will not actively work with the City. D. Service History Matrix: a. List of in progress/completed provided services of similar size and complexity with the last 5 years. b. Include the proposed service team member’s roles. c. Client name and phone number. E. Include a listing of proposed sub-contractors with their portion of the work identified and a demonstration of the appropriate sub- contractor qualifications. Provide sub-contractor references with phone numbers. F. References: Provide names and phone numbers of a minimum of three references. References should have direct experience with the Service Manager and other proposed key team members on services of similar complexity and size. The references are not included in the sheet count for the submittal. Moses Lake Council Packet 2-14-23, Page 73 of 76 CITY OF MOSES LAKE, WASHINGTON | COST OF SERVICE STUDY 9 G. Service Management: Provide documentation of effective service management, cost control, and communications on services provided of similar nature and scope. 3.2 Vendor Qualifications The required minimum qualifications for submitting contracting firms are as follows: 3.2.1 Knowledge of all applicable federal, state, and local regulations and standards. 3.2.2 Licensed to do business in the State of Washington. 3.2.3 May not have had any disciplinary actions taken against them by a professional licensing agency of a state or federal government, for fraud or other charges by a government or private insurer. State any open investigations, if any. 3.2.4 Experience with utility cost of service analysis. A. At least three years of conducting cost of service analysis for municipal or other local government utilities. B. Previous experience in conducting rate studies and evaluation of service delivery for ambulance services operated by fire departments. 4.0 Vendor Selection Procedures 4.1 Evaluation Criteria Submittals received by the City of Moses Lake will be reviewed by the selection committee, and will be evaluated based upon criteria including, but not limited to, the following: Category Points Understanding & Approach: a) Indication that the submitting vendor has a clear understanding of the services requested specifically what they view to be the biggest challenges. (20 points) b) Describe the firm’s capacity to recognize issues and develop creative solutions to address them. Provide examples of challenges and resulting solutions from previous work. (15 points) 35 Service Team Experience & Qualifications a) Summarize the relevant experience and qualifications of your service manager, and other key personnel, including sub-contractor. Discuss the ways in which the experience and qualifications of these individuals would benefit the City. Please note that determination of qualification will be based on the collective team’s experience (15 points) b) Provide comprehensive information regarding the track record of the firm in providing relevant services within the last five years. Provided 55 Moses Lake Council Packet 2-14-23, Page 74 of 76 CITY OF MOSES LAKE, WASHINGTON | COST OF SERVICE STUDY 10 detailed descriptions and discuss the size and complexity of the services provided, the special issues and the technical challenges that were addressed. Identify the team member’s roles in the services provided (15 points) c) Describe the involvement and the duties of the service manager and team, with a clear description of the ways in which the services will be kept on budget. Describe the availability of team members to provide the services. Indicate current and upcoming commitments for the time shown on the schedule. (25 points) Presentation, Organization, and clarity of RFP Submittal The organization of the RFP submittal and the manner in which information is presented in the submittal will be evaluated as an indication of the Vendor’s ability to assemble clear and concise documents and to present the services to the City. 10 Total 100 4.2 Interview Criteria The City reserves the right to select based solely on the information in the statement of qualifications. If no clear choice can be made based on the submittals, the City reserves the right to either interview selected vendors or request additional information to help in determining the most qualified vendor. 4.2.1 Interview: A. Interview format (if used): 1. 20-minute presentation 2. 10 minutes for questions and answers 3. The proposed Service Manager shall lead the presentation. 4. Presentation team shall have a maximum of three (3) members. B. Presentation: The objective of the interview will be to clearly demonstrate the Vendor’s qualifications to provide services to the satisfaction of the City. The presentation shall be brief and concise and shall include but shall not be limited to: 1. A demonstration of understanding, objectives, and challenges. 2. A presentation of how the team proposes to manage the services and successfully keep on schedule and under budget. 3. A description of how the Service Manager and the team proposes to work and communicate with the City. Moses Lake Council Packet 2-14-23, Page 75 of 76 CITY OF MOSES LAKE, WASHINGTON | COST OF SERVICE STUDY 11 4. Following a review of the submittals, the City reserves the right to establish specific requirements and content for the interview to further aid in the determination of the Vendor’s qualifications. 5. Questions: The selection team may prepare a list of standard questions for the interview. Additional questions may be developed based on the vendor’s proposal to clarify information submitted. The City will then negotiate a specific scope of services, fees, and schedule with the selected vendor. If an agreement cannot be reached with the first selected vendor, the City will terminate negotiations with said firm and open negotiations with the second ranked vendor. The compensation discussed with one firm will not be discussed or disclosed with others. Moses Lake Council Packet 2-14-23, Page 76 of 76