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FINAL 2023 0411 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, April 11, 2023 Moses Lake Civic Center – 401 S. Balsam or remote access* Executive Session 5:30 p.m. – Real Estate Sale or Lease and Litigation pursuant to RCW 42.30.110 (1)(c)and(i) 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 Additional Business City Manager’s Report -Grant PUD Earth Day Challenge - pg 3 -Community Clean Up Events – pg 4 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 10 a.Claims and Payroll b.Traffic Signal Emergency Repair Resolution 3935 c.Conservation District Demonstration Site Interlocal Agreement d.Ultra Modern Build on Unplatted Property Resolution 3943 Moses Lake Council Packet 4-11-23, Page 1 of 79 April 11, 2023, City Council Meeting Page 2 Old Business #2 Motion pg 51 Security Guard Services Amendment Presented by Richard Law, City Engineer Summary: Council to review and consider approval New Business #3 Motion #4 Motion x 2 pg 59 Business License Code Update Ordinance 3022 Presented by Madeline Prentice, Finance Director Summary: Council to review and consider adoption pg 68 Water Conservation Code/Fee Update Ordinance 3023, Resolution 3937 Presented by Richard Law, City Engineer Summary: Council to review and consider adoption Administrative Reports -Regional Collaboration Meeting April 20 -Council Candidate Open House -Ad Hoc Housing Committee Update Council Committee Reports Adjournment Next Regular Council Meeting is scheduled for April 25, 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: First meeting: 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 4-11-23, Page 2 of 79 Be kind to earth Challenge yourself and friends to take a 1/2 hour or break between the week of April 16-22 and pick up a bag of trash. Scan your neighborhood for trash. Clean up your favorite park. As always be aware of your surroundings when picking up trash. You can make a difference! Let’s do our part to keep our planet clean. Take a picture of yourself holding your bag of trash and send it to publicaffairs@gcpud.org or post your photo to social media with #grantpudearthdaychallenge. Earth DayChallenge April 22April 22 Moses Lake Council Packet 4-11-23, Page 3 of 79 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 10363 Madeline Prentice Finance 4/11/2023 City Manager's Report Annual Spring cleanup and Citywide cleanup event City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ N/A 2023 Spring Clean Flyer.pdf 2.38MB DMLA cleanup.png 166.35KB Recycle Flyer - English.png 3.32MB Recycle Flyer Spanish.png 3.28MB Moses Lake Council Packet 4-11-23, Page 4 of 79 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Lakeside Disposal is once again hosting the City's annual spring clean drop-off event on Saturday, April 15th and 29th from 9:00 a.m. to 2:00 p.m. at the Surf N' Slide Water Park. This is the fifth year of the event, which is free to City residents and allows City of Moses Lake residents to drop-off up to 3 cubic yards of household waste. The attached flyer provides information on restrictions and excluded items. Attendance at the event varies based on weather, but in past years, the event has served approximately 50-60 residents each Saturday resulting in approximately 2.5 tons of household waste collected over the two-day event. In February of this year, the Downtown Moses Lake Association (DMLA) had planned to hold a downtown cleanup event, but that event had to be cancelled due to inclement weather. In conjunction with the annual spring clean event at the Surf N' Slide Water Park on April 15th, DMLA will be hosting a downtown cleanup from 10:00am - 2:00pm to help tidy up the alley ways between the downtown businesses. Lakeside Disposal and the City will be helping to sponsor the downtown cleanup event by providing containers and covering disposal costs. At the recent business expo the City participated in, the Director of Care Moses Lake approached the City to offer assistance in organizing a citywide cleanup event. Care Moses Lake is interested in helping organize local non-profits to participate and volunteer in a cleanup event. In past years, customers have expressed their desire to participate in the spring clean event, but they do not have a way to transport waste to the event site. One idea for an event would be to have non-profit organizations provide assistance to residents in loading and transporting waste to an event site. Another idea would be to assign specific areas in the city to various non- profit organizations to collect litter and debris. A meeting is scheduled on April 10th with City staff to begin discussions on ways to make a citywide cleanup event happen. We have updated our recycle flyer (attached English and Spanish versions) and it will be included with utility bills in late spring/early summer. Finally, the Department of Ecology launched their "Don't Bag Your Recyclables" campaign this week. The City will be adding information on this program to the Utility Billing webpage and providing some social media coverage on this program as well as outreach to customers. The webpage for Ecology's campaign can be found at: Recycle Right - Washington State Department of Ecology N/A Options and Results N/A Staff will bring back options for recommended changes. N/A Moses Lake Council Packet 4-11-23, Page 5 of 79 SATURDAY April 15th & 29th 9:00 AM – 2:00 PM SURF N’ SLIDE WATER PARK 401 W FOURTH AVE MOSES LAKE Moses Lake Council Packet 4-11-23, Page 6 of 79 EA A 5TH -2 OOP RECYCLING bottles and jugs (opening smaller than the base) PREPARATION empty -clean (quick rinse) -no lids Recycle plastics by shape. Ignore numbers/symbols on packaging. mixed paper boxes and paper bags cardboard aluminum cans city of m l.com/214/Ga rbage-Recycli ng When in DOUBT, throw it OUT! GARBAGE crinkly plastics all cartons aluminum foll, pans and plates foam trays and containers all lids greasy pizza shredded boxes paper plastic packaging tubs SINGLE-USE ITEMS: paper plates and paper cups plastic cups paper towels and napkins utensils and straws glass empty prescription bottles coffee pods DROP-OFF or Collection Event Special Disposal Instructions Find locations for plastic bags, household hazards, electronics, appliances, unwanted medication, and more: irantcountywa.£0v/255/Solid-Waste Plastic bags household hazards � needles Support provided in part by the Washington State Department of Ecology RECICLAJE PLASTICO botellas y jarras PREPARACl6N vacio -limpio (enjuague rapido) -sin tapas Recicla los plasticos por forma. lgnorar numeros y sfmbolos en el empaque. (boca mas pequel'ia que la base) PAPEL papel mezclado cajas y bolsas de papel cartulina METAL latasde aluminio �, cityofml.com/214/Garbage-Recycling Si tiene duda se Pone en las basura! BASURA plasticos arrugados todas las todos los cartones cajas de pizza papel de alumlnio, sartenesy platos papelen envases bandejasy recipientes de espuma botellas de vldrlo botellasde tapas grasientas trlzas de plastico contenedores prescripcion ARTrcuLOS DE UN SOLO USO:- � platos y vasos copas de toallasy de papel plastico servllletas de papel EVENTO DE ENTREGA 0 RECOGIDA Encuentre ublcaclones para bolsas de plastico, artfculos peligrosos para el hogar, productos electr6nicos, electrodomestlcos, medicamentos no deseados y mas: grantcountywa.gov/255/Solid-Waste � utensllios y capsulas popotes de cafe INSTRUCCIONES ESPECIALES DE DESECHOS / ➔ agujas (coloque en un contenedor rfgido .,. ,_ 'l:::.o/ I antes de tirar/o a la basura) bolsas de plastico pellgros (en las tlendas partlcipantes) domestlcos Apoyo proporcionado en pa rte por el departamento de ecologfa del estado de Washington -----------�--·-�'."'".....,.,":'" ... ,. 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 10356 Madeline Prentice Finance 4/11/2023 Consent Agenda Disbursement report since March 28th, 2023 City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 757,630.65$757,630.65$0.00$ Approve payment of claims as presented. The following amounts were budgeted, and sufficient funds were available to cover these payments: Electronic Transfer: N/A Checks: 160198 - 160309 - $169,770.62 Payroll Checks: #65025-65036 - $2,837.11 Electronic Payments: Direct Deposit - $585,022.92 Vouchers - 04.11.2023.pdf 120.43KB Moses Lake Council Packet 4-11-23, Page 10 of 79 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 4-11-23, Page 11 of 79 TOTALS BY FUND: FUND NO FUND NAME AMOUNT 001 GENERAL FUND 87,173.26 102 TOURISM ‐ 103 GRANTS AND DONATIONS 60.12 110 HOMELESS SERVICES 8,971.89 114 PATHS/TRAILS ‐ 116 STREET 9,308.77 119 STREET REPR/RECON ‐ 286 REFUNDING GO BONDS 2015 ‐ 314 PARK & RECREATION IMPROVEMENTS ‐ 315 PARK MITIGATION CAPITAL PROJECTS ‐ 410 WATER/SEWER 7,315.13 450 2011 BOND FUND ‐ 452 2004 BOND FUND ‐ 471 WATER RIGHTS ‐ 477 WATER SEWER CONSTRUCTION 20,044.99 487 2015 GO BONDS REDEMPTION ‐ 490 SANITATION 6,029.68 493 STORM WATER 917.20 495 AIRPORT ‐ 498 AMBULANCE 5,106.48 501 UNEMPLOYMENT COMPENSATION INSURANCE ‐ 503 SELF‐INSURANCE ‐ 517 CENTRAL SERVICES 14,215.36 519 EQUIPMENT RENTAL 2,332.86 528 BUILDING MAINTENANCE 5,461.36 611 FIRE PENSION 2,833.52 623 DEPOSIT ‐ 631 STATE ‐ TOTAL 169,770.62$ City of Moses Lake Tabulation of Claims Paid‐Summary by Fund Council Meeting Date‐ 04/11/2023 Moses Lake Council Packet 4-11-23, Page 12 of 79 Check Name Check Amount Check Date Invoice Description 160198 ALICE ROLFNESS 292.71 03/23/2023 Refund Utility Overpayment 160199 COLE BRUMET 348.11 03/23/2023 Refund Utility Overpayment 160200 CYNTHIA KILLIEN 72.27 03/23/2023 Refund Utility Overpayment 160201 Estate of Larisa Bondachuk 69.38 03/23/2023 Refund Utility Overpayment 160202 Keresa B. Wright 4.00 03/23/2023 Refund Utility Overpayment 160203 OIC OF WASHINGTON 175.00 03/23/2023 Refund Utility Overpayment 160204 Salwinder or Palwinder Atwal 4,534.98 03/23/2023 Refund Utility Overpayment 160205 SAMUEL WASSON 181.34 03/23/2023 Refund Utility Overpayment 160206 SOCIAL TREAMENT OPPORTUNITY 100.28 03/23/2023 Refund Utility Overpayment 160207 The Estate of Jane R. Palmer 251.61 03/23/2023 Refund Utility Overpayment 160208 Bo Hancock 287.25 03/23/2023 2023 Boots 160209 Nick Metcalf 15.01 03/23/2023 Fuel Purchase Reimbursement 160210 Nick Stewart 64.71 03/23/2023 Fuel and K9 Purchase Reimbursement 160211 Alaina Morgan 147.00 03/27/2023 Well City Conference 2023 160212 State Auditors Office 8.00 03/27/2023 L151431 Short Paid. 160213 Omar Ramirez 653.95 03/28/2023 Hotel Paid for W/ Personal Card 160214 Don Terrell 476.30 03/28/2023 2023 Boots W/ 2022 Rollover 160215 Jovita Cantu 375.97 03/28/2023 Mileage Reimbursement 160216 Mike Williams 38.00 03/29/2023 Training Per Diem 4.2023 160217 Assoc Of Grant Co Cities 100.00 03/29/2023 Admin/Council Meeting Meal 160218 Heidi Merritt 34.84 03/30/2023 Uber Expense Reimbursement 160219 Caitlin Carter 19.00 03/30/2023 CAST 2023 Per Diem 160220 Juan Serrato 19.00 03/30/2023 CAST 2023 Per Diem 160221 Aaron Hintz 180.00 03/30/2023 Westpoint Training Week 3 160222 Juan Rodriguez 210.00 03/30/2023 Westpoint Week 3 160223 Aaron Leavitt 172.00 03/30/2023 Conference Per Diem 160224 Heidi Merritt 384.00 03/30/2023 Conference Per Diem 160225 Eric Shurtz 118.00 03/30/2023 STICO Training 2023 160226 UPS Store 2469 163.80 03/30/2023 Kunjara‐ Postage 160227 Don Garrison 1,002.97 03/31/2023 LEOFF Retirement Pension 160228 Janelle Sword 424.15 03/31/2023 LEOFF Retirement Pension 160229 Luther Stowers 888.32 03/31/2023 LEOFF Retirement Pension 160230 Margaret Hinshaw 518.08 03/31/2023 LEOFF Retirement Pension 160231 2M Company Inc 399.82 03/31/2023 Maintenance Supplies 160232 4Imprint, Inc.917.20 03/31/2023 E/O Materials for Watershed Council 160233 Advanced Analytical Solutions 106.81 03/31/2023 P.E. Samples 160234 Agri‐Service LLC 92.23 03/31/2023 Cartridge/Element 160235 Amazon Capital Services, Inc.2,304.58 03/31/2023 Credit 160236 Aquatic Specialty Services Inc 1,900.00 03/31/2023 AFO Class Registrations 160237 Badger Meters Inc 132.03 03/31/2023 Flow Meters 160238 Basin Express LLC 16.90 03/31/2023 Freight Eq#362 160239 Basin Septic Services Inc 1,604.30 03/31/2023 ADA Park 160240 Battery Systems Inc 41.84 03/31/2023 Battery 160241 Bound Tree Medical LLC 580.43 03/31/2023 Medical Supplies 160242 Bud Clary Ford LLC 304.55 03/31/2023 Sensors Eq#044 W/O 58690 160243 Buell Recreation, LLC 9,398.28 03/31/2023 130CY Wood Fiber Surfacing 160244 Cascade Natural Gas Corp 956.79 03/31/2023 Natural Gas Service City of Moses Lake Checks Issued with Summary Description For April 11, 2023 Council Meeting Moses Lake Council Packet 4-11-23, Page 13 of 79 160245 Centurylink 1,384.63 03/31/2023 Long Distance Service 160246 Centurylink 3,763.06 03/31/2023 509‐764‐5387 088B 3.16.2023 160247 Columbia Basin Herald 460.07 03/31/2023 PLN Advertisement 160248 Columbia Bearing Bdi 50.60 03/31/2023 Oil Seals Eq#406 160249 Consolidated Electrical Distributors Inc 174.61 03/31/2023 SNS Maintenance Supplies 160250 Copiers Northwest Inc 633.69 03/31/2023 Equipment Contract Fees 160251 CSWW, Inc 250.43 03/31/2023 PVC Boots 160252 Databar Inc 3,249.73 03/31/2023 Mail Utility Bills 160253 Dobbs Peterbilt‐ Moses Lake 510.10 03/31/2023 Alternator Eq#289 W/O 58602 160254 Employment Security Department 9.50 03/31/2023 Investigations Costs 160255 EMS Connect, LLC 263.00 03/31/2023 EMS Training Program Membership 160256 Faber Industrial Supply 87.68 03/31/2023 Extractor Set/Wire Cup Brush 160257 Fastenal Company 298.43 03/31/2023 Hard Cap 160258 Galls LLC 531.32 03/31/2023 Uniform Pieces ‐ 1/4 zip, Lebacken 160259 General Fire Apparatus Inc 1,655.62 03/31/2023 Nozzle 160260 GMCO Corpoation 8,211.95 03/31/2023 Torch CI 160261 Grainger Parts Operations 79.14 03/31/2023 Keypad Protector 160262 Ground Works Three, LLC 7,030.22 03/31/2023 Rental‐ Sleep Center 160263 H D Fowler Company 922.97 03/31/2023 Rubber Meter Gaskets 160264 Ibs Inc 23.02 03/31/2023 Nylon Scratch Brushes 160265 Idexx Distribution, Inc.73.37 03/31/2023 Interest Charge 160266 Jerrys Auto Supply 90.73 03/31/2023 Gear Oil 160267 Kaman Fluid Power LLC 447.85 03/31/2023 Couplers 160268 Kenworth Sales Company 209.11 03/31/2023 Seat Covers Eq#362 160269 Kottkamp & Yedinak, P.L.L.C.35.00 03/31/2023 Pro Services 160270 Kris Chudomelka 30.10 03/31/2023 Museum Consignment Sales 160271 Lad Irrigation Company Inc 258.70 03/31/2023 PVC Supplies 160272 Lake Auto Parts 187.40 03/31/2023 ID Bar Eq#706 W/O 58511 160273 Leslie Allan Barnett 395.00 03/31/2023 Training Registration ‐ Thomas 160274 Localtel Communications 1,073.35 03/31/2023 Internet Service 160275 Matrix Sciences International Inc.2,717.00 03/31/2023 Sample Testing 160276 Med Tech Resource Inc 1,632.40 03/31/2023 Laryngoscope ‐ 388 160277 Moon Security Services Inc 632.97 03/31/2023 Museum Security 160278 Moses Lake Booster (Wrestling)646.77 03/31/2023 Mat Muscle Camp 160279 Moses Lake Steel Supply 390.14 03/31/2023 Washers/Lock Nuts/Screws 160280 Moses Lake Towing 412.24 03/31/2023 Tow Vehicle 160281 Multi Agency Comm Center E911 49,958.61 03/31/2023 April Law Calls 160282 Municipal Emergency Svc Inc 1,137.39 03/31/2023 Rescue Tool Repair and Service 160283 National CineMedia, LLC 784.35 03/31/2023 LRC Advertising 160284 Neppel Electric & Controls LLC 4,540.00 03/31/2023 Cabinet Electrical Repair 160285 Norco Enterprises Inc 771.62 03/31/2023 Medical Oxygen Services 160286 Oreilly Auto Parts 9.30 03/31/2023 Oil Filter 160287 Oxarc Inc 147.25 03/31/2023 Gloves 160288 PandaDoc, Inc.234.02 03/31/2023 Software 160289 PrinterLogic, Inc 5,549.21 03/31/2023 Software 160290 Quill Corporation 430.32 03/31/2023 Office Supplies 160291 RAE Security Southwest, LLC 4,695.34 03/31/2023 Electronic Locks 160292 Rexel USA 46.56 03/31/2023 LED Lamp 160293 RH2 Engineering Inc.20,044.99 03/31/2023 Professional Services Water System 160294 Richland Research Corporation 1,158.60 03/31/2023 Free‐Flow Blocks 160295 Samaritan Healthcare 24.00 03/31/2023 ACLS cards ‐ Lebacken, Roseburg 160296 Sea Western Inc 3,568.79 03/31/2023 Station Boots ‐ Thomas 160297 Sirennet.Com 192.59 03/31/2023 Adj License Plate Brackets Moses Lake Council Packet 4-11-23, Page 14 of 79 160298 SSP Eyewear 208.00 03/31/2023 Safety Glasses 160299 Staples Credit Plan 405.48 03/31/2023 3.15 Statement 160300 Starchase LLC 2,500.00 03/31/2023 Annual Fee 160301 Target Solutions Learning 99.99 03/31/2023 Crew Scheduling Software 160302 Tyco Inc 172.92 03/31/2023 Penetro 90 160303 Ups Freight 35.74 03/31/2023 Weekly Service Fees 160304 Wa Assn Sheriff Police Chiefs 75.00 03/31/2023 Associate Dues‐ Sands 160305 WA State Assn Of Fire Chiefs 425.00 03/31/2023 Registration for Airway Class 160306 Weaver Exterminating Srvc Inc 198.37 03/31/2023 Rodent Control 160307 Weinstein Beverage Company 150.10 03/31/2023 Museum Water 160308 William Scotsman, Inc 1,941.67 03/31/2023 Rental @ Sleep Center 160309 Zoll Medical Corp 357.72 03/31/2023 Medical Supplies 169,770.62$ Moses Lake Council Packet 4-11-23, Page 15 of 79 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 Fiscal and Policy Implications Allison Williams, City Manager 10339 Rich Huebner, Assistant City Manager Administration 4/11/2023 Consent Agenda Emergency Traffic Control Equipment Project Resolution City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 59,000.00$0.00$59,000.00$ Move to adopt the Resolution affirming the City Manager's declaration of an emergency related to the failure of traffic control equipment at the intersections of N. Stratford and W. Valley Roads, and approve, confirm and ratify any and all actions taken by the City Manager in connection with this emergency prior to April 11, 2023. Packet Attachments (if any) Valley and Stratford Roads Signal Cabinet Emergency Resolution Northeastern Quote and Signed Contract Overview 96.56KB On Saturday, April 1, 2023, an automobile accident occurred south of the intersection of N. Stratford and W. Valley Roads. As part of the accident, a vehicle exited the roadway, colliding with and destroying two traffic control boxes. City staff placed temporary stop signs at the intersection. Given the high traffic usage of the intersection, this action is considered a temporary, remedial measure. Emergency repairs were required to return this high traffic intersection to proper functional control. The sudden failure of the traffic control equipment at this intersection was an unforeseen circumstance beyond the control of the City and created an emergency condition for the citizens of the City. The failure of said traffic control presented a real, immediate threat to the health, safety, and welfare of the City of Moses Lake, including material loss and damage to property or bodily injury or harm. A budget amendment will be forthcoming related to the required appropriation. There are sufficient unexpended monies available for repairs in the appropriate street account to complete the repairs. Options and Results Moses Lake Council Packet 4-11-23, Page 16 of 79 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Any uncompleted repairs prior to adoption of the resolution will be completed. N/A N/A Moses Lake Council Packet 4-11-23, Page 17 of 79 RESOLUTION NO. 3935 A RESOLUTION DECLARING THE EXISTENCE OF AN EMERGENCY AND WAIVING AND DISPENSING WITH THE STATUTORY COMPETITIVE BIDDING REQUIREMENTS Recitals 1.The City of Moses Lake is a code city operating under the authority of Chapter 35A RCW. 2.The City, under Title 35A.11 RCW and RCW 35A.13.230, has “… any authority ever given to any class of municipality or to all municipalities of this state…” 3.The City has the authority to commence a public work without complying with the statutory bid requirements in an emergency situation under the authority given by RCW 35.22.620(6), RCW 39.04.280, and other Washington law. 4.On Saturday, April 1, 2023, an automobile accident occurred south of the intersection of N. Stratford and W. Valley Roads. As part of the accident, a vehicle exited the roadway, colliding with and destroying two traffic control boxes. 5.City staff placed temporary stop signs at the intersection. Given the high traffic usage of the intersection, this action is considered a temporary, remedial measure. 6.Emergency repairs are required to return this high traffic intersection to proper functional control. 7.The sudden failure of the traffic control equipment at this intersection was an unforeseen circumstance beyond the control of the City and created an emergency condition for the citizens of the City. The failure of said traffic control presents a real, immediate threat to the health, safety, and welfare of the City of Moses Lake, including material loss and damage to property or bodily injury or harm. 8.Therefore, an emergency exists due to the failure of said traffic control equipment, and complying with statutory bid requirements would unnecessarily delay the completion of delivery and installation of replacement traffic control equipment, and any increased costs associated with waiving the competitive bidding process will be outweighed by the costs associated with the traffic control equipment being out of service for an extended period. 9.There are sufficient unexpended monies available for repairs in the appropriate street account to complete the repairs. Resolved 1.An emergency exists due to the recent failure of traffic control equipment, and it is imperative to install replacement equipment as quickly as possible to preserve and protect the public’s health, safety, and welfare, and to prevent property damage and bodily injury. 2.Because an emergency exists, under the laws of the state of Washington, the statutory bid requirements are dispensed with and waived for the repairs to traffic control equipment at the intersection of N. Stratford and W. Valley Roads. 3.This emergency condition was caused by an automobile accident in the area on April 1, 2023. Information has been delivered to Northeast Electric, LLC, the company which installed the previous traffic control equipment; the company is capable, qualified, and available to perform this public work. Any and all actions taken by the City Manager prior to April 11, 2023 in connection with this emergency and the traffic control equipment repair work, including the selection of any Contractors and the execution of any contracts and other necessary documents, are hereby approved, confirmed, and ratified. Moses Lake Council Packet 4-11-23, Page 18 of 79 Adopted by the City Council of the City of Moses Lake on April 11, 2023. _____________________________________ Don Myers, Mayor ATTEST: _____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 4-11-23, Page 19 of 79 Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 1 of 21 Moses Lake Council Packet 4-11-23, Page 20 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 2/33 CITY OF MOSES LAKE CONTRACT ____________________________________________________ _ Project: Stratford and Valley Emergency Signal Cabinet Repair Contract No. GC2023-110 Page 1 of 7 1.Parties and Date: This contract is entered into at Moses Lake, Washington on April 3, 2023 by and between the City of Moses Lake a municipal corporation, and Northeast Electric, LLC, herein the Contractor: 2.Agreement: In consideration of the terms and conditions contained herein and those conditions, specifications, and terms attached and made a part of this agreement, the parties covenant and agree as follows: 2.1 The Contractor shall obtain all required permits and shall do all work and furnish all materials, tools, and equipment for the Stratford and Valley Emergency Signal Cabinet Repair in accordance with and as described in the plans and specifications furnished by the City of Moses Lake. The Contractor shall perform any alterations in or additions to the work provided under this contract and every part thereof. 2.2 Work shall start on or after written Notice to Proceed is issued by the City and shall be completed within fifteen (15) working days from the start date. 2.3 The City of Moses Lake shall pay the Contractor for the performance of this contract subject to any additions or deductions provided for herein, in a sum not to exceed Fifty-Nine Thousand($59,000), which includes all expenses for material, manpower, equipment, taxes and fees, etc. 2.4 The City of Moses Lake and Contractor recognize that time is of the essence of this contract and the city will suffer significant loss if the contract is not completed and the facilities are not fully usable for their intended purpose within the time specified in paragraph 2.3 above. Therefore, if the work is not completed within the time specified, the Contractor acknowledges that failure to complete the work within that time shall constitute a material breach under the contract entitling the City to terminate and reserving to City all rights to make any claim for actual damages as a result of such failure and termination. City and Contractor further acknowledge that even a minimal delay in the project completion can result in significant Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 2 of 21 Moses Lake Council Packet 4-11-23, Page 21 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 3/33 Project: Stratford and Valley Emergency Signal Cabinet Repair Contract No. GC2023-110 Page 2 of 7 liability to City and hence any unapproved delay shall constitute a material breach entitling City to its available remedies at law. Upon termination for delay, the Contractor is not entitled to further payment until the work is finished. If the costs to the City in completing the work exceed the unpaid balance, the Contractor shall pay the difference to the City. 2.5 The City of Moses Lake and Contractor recognize that time is of the essence of this contract and the city will suffer financial loss if the work is not completed within the time specified in paragraph 2.3 above. They also recognize the inconvenience, expense and difficulties involved in a legal proceeding to prove the actual loss suffered by the City if the work is not completed within the time allowed in the Contract. Accordingly, the City and the Contractor agree that as liquidated damages for delay, and not as a penalty, the Contractor shall pay the City the sum of $250 per day for each working day this work remains uncompleted and after expiration of the specified time, as liquidated damages. 2.6 The City of Moses Lake promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done, work described above and to complete and finish the same according to the plans and specifications attached hereto as Exhibit 1 and the terms and conditions contained herein and contracts to pay for the same according to the specifications and the proposal attached hereto, at the time and in the manner and upon the conditions provided for in this contract. 2.7 The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does agree to the full performance of all the covenants contained herein upon the part of the Contractor. 2.8 It is further agreed that no liability shall attach to the City of Moses Lake by reason of entering into this contract, except as expressly provided herein. 2.9 The Contractor understands that this Project is subject to Washington state laws governing public works contracts and payment of prevailing wages and shall comply with any and all laws governing public works contracts and projects and payment of prevailing wages. It shall be Contractor’s sole responsibility to determine the prevailing wage amount for each employee and to insure payment thereof. 3.Contractor’s Representations: In order to induce the City of Moses Lake to enter into this Contract, Contractor makes the following representations: Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 3 of 21 Moses Lake Council Packet 4-11-23, Page 22 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 4/33 Project: Stratford and Valley Emergency Signal Cabinet Repair Contract No. GC2023-110 Page 3 of 7 3.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Work. 3.2 Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the Work which were relied upon by Engineer in the preparation of the Drawings and Specifications. 3.3 Contractor has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 3.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Contractor considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, exploration, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 3.4 Contractor has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by Contractor in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 3.5 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 3.6 Contractor has given Engineer written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 4.Miscellaneous provisions: 4.1 Contractor shall comply with all requirements contained in the attached Exhibits A-B regarding insurance, indemnification, and payment of prevailing wages. The provisions of Exhibits A-B Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 4 of 21 Moses Lake Council Packet 4-11-23, Page 23 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 5/33 Project: Stratford and Valley Emergency Signal Cabinet Repair Contract No. GC2023-110 Page 4 of 7 are incorporated herein as though fully set forth, and are by this reference made a part hereof. 4.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 4.3 City and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, contracts, and obligations contained in the Contract Documents. 4.4 The Contractor warrants that the Work furnished shall be free from defects resulting from faulty workmanship, and further warrants that the Work complies with all specified performance criteria. The Contractor agrees to remedy all defects appearing in the Work or developing in the materials supplied and the workmanship performed under this Contract during the warranty period, which shall be two years after date of final acceptance of the Work by the City, and Contractor further agrees to indemnify and save the City harmless from any costs encountered in remedying such defects. A new warranty period equal to that stated in the above paragraph shall apply to parts supplied in replacement of defective parts or to parts renewed in pursuance of this warranty. The warranty period of the remaining parts shall be extended by a period equal to the period during which the Work is unfit for service as a result of a defect covered by this warranty. If Contractor refuses to fulfill Contractor’s obligation under this warranty, or fails to proceed with due diligence after being required to do so, the City may proceed to do the necessary work at the Contractor’s risk and expense. 4.5 It is further provided that no liability shall attach to the City by reason of entering into this contract except as expressly provided herein. 4.6 Before any work at the site is started, Contractor shall deliver to City with copies to the Engineer and each additional insured identified, certificates of insurance which Contractor is required to purchase and maintain in accordance with the Contract Documents. Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 5 of 21 Moses Lake Council Packet 4-11-23, Page 24 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 6/33 Project: Stratford and Valley Emergency Signal Cabinet Repair Contract No. GC2023-110 Page 5 of 7 4.7 The Contractor shall furnish payment and performance bond in an amount equal to the contract price as security for the faithful performance and payment of all Contractor’s obligations under the Contract Documents. The bond shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. The bond shall be in the form prescribed herein and be executed such sureties as are licensed to conduct business in the State of Washington, and are named in the current list of “companies Holding Certificates of authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring companies” as published in circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of authority to act. The surety company executing bonds shall have a Best’s Guide rating A-VII or better. Date on the bond must not be prior to the date of the Contract. If Contractor is Partnership, all partners shall execute the bond. If Contractor is a Limited Liability Company, all members shall execute the bond. ENCLOSED BOND FORM MUST BE USED. 4.7A On projects less than One Hundred Fifty Thousand dollars ($150,000.00), the City will accept the Contractor’s request to withhold 10 percent retainage in lieu of bonds. For projects less than $10,000.00, the City waives the requirement of bonds, retainage, and liquidated damages. 4.8 The Contract is made with reference to and shall be construed in accordance with the laws of the State of Washington. If a dispute arises under this Contract, resort shall be to litigation and jurisdiction and venue shall be in the Superior Court of Grant County, State of Washington. 5.Claims Procedure 5.1 If the parties fail to reach agreement on the terms of any Change Order for City-directed Work, or on the resolution of any request for an equitable adjustment in the Contract Sum or the Contract Time, Contractor's only remedy shall be to file a Claim with City as provided in this Section. 5.2 Contractor shall file its Claim within the earlier of 30 days from City's final offer or the date of Completion. Any Claim shall be personally delivered to the City and shall be deemed filed on the date it is personally delivered to the Owner at the following address: City of Moses Lake Municipal Services Office PO Box 1579 Moses Lake, WA 98837 Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 6 of 21 Moses Lake Council Packet 4-11-23, Page 25 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 7/33 Project: Stratford and Valley Emergency Signal Cabinet Repair Contract No. GC2023-110 Page 6 of 7 5.3 The Claim shall be deemed to cover all changes in cost (including direct, indirect, impact, and consequential) and time to which Contractor may be entitled. It shall be fully substantiated and documented. At a minimum, the Claim shall contain the following information: a.A detailed factual statement of the Claim for additional compensation and time, if any, providing all necessary dates, locations, and items of Work affected by the Claim; b.The date on which facts arose that gave rise to the Claim; c. The name of each employee of City and Contractor knowledgeable about the Claim; d. The specific provisions of the Contract Documents which support the Claim; e.The identification of any documents and the substance of any oral communications that support the Claim; f.Copies of any identified documents, other than the Contract Documents, that support the Claim; g.If an adjustment in the Contract Time is sought: the specific days and dates for which it is sought; the specific reasons Contractor believes an extension in the Contract Time should be granted; h.If an adjustment in the Contract Sum is sought, the exact amount sought and a breakdown of that amount into the categories set forth in, and in the required detail; and i.A statement certifying, under penalty of perjury, that the Claim is made in good faith, that the supporting cost and pricing data are true and accurate to the best of Contractor's knowledge and belief, that the Claim is fully supported by the accompanying data, and that the amount requested accurately reflects the adjustment in the Contract Sum or Contract Time for which Contractor believes the City is liable. 5.4 After Contractor has submitted a fully documented Claim that complies with all applicable provisions of this Contract, the City shall respond in writing to Contractor. 5.5 To assist in the review of Contractor's Claim, the City may visit the Project site, or request additional information, in order to fully evaluate the issues raised by the Claim. Contractor shall proceed with performance of the Work pending final resolution of any Claim. The City's written decision as set forth above shall be final and conclusive as to all matters set forth in the Claim. Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 7 of 21 Moses Lake Council Packet 4-11-23, Page 26 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 8/33 Project: Stratford and Valley Emergency Signal Cabinet Repair Contract No. GC2023-110 Page 7 of 7 5.6 Any Claim of the Contractor against the City for damages, additional compensation, or additional time, shall be conclusively deemed to have been waived by the Contractor unless timely made in accordance with the requirements of this Section. 6.Execution: Executed the day and year written above. CITY OF MOSES LAKE, WASHINGTON ___________________________________________ Municipality Contractor ___________________________________ ___________________________________________ Allison Williams, City Manager Signature and Title ___________________________________ ___________________________________________ Date Typed Name and Title APPROVED AS TO FORM: _____________________________________ Katherine Kenison, City Attorney Northeast Electric 2023-04-05 Troy Halberg Manager 2023-04-06 Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 8 of 21 Moses Lake Council Packet 4-11-23, Page 27 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 9/33 CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES ____________________________________________________ The quoter hereby certifies that, within the three-year period immediately preceding the quote solicitation date April 3, 2023, the quoter is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Quoter’s Business Name Signature of Authorized Official* Printed Name Title Date City State Check One: Sole Proprietorship ☐ Partnership ☐ Joint Venture ☐ Corporation ☐ State of Incorporation, or if not a corporation, State where business entity was formed: If a co-partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. Troy Halbert Northeast Electric Title 2023-04-06 City State Business Type - from list below Washington Enter Value or N-A Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 9 of 21 Moses Lake Council Packet 4-11-23, Page 28 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 10/33 CONTRACTOR’S DECLARATION OF INTENT CITY OF MOSES LAKE ____________________________________________________ Stratford and Valley Emergency Signal Cabinet Repair Contract No.: GC2023-110 Contractor: ____________________________________________________________________________ Pursuant to RCW 60.28.010, all Contractors are required to exercise their option in writing prior to the first payment, to have retainage monies: (1)Retained in a fund by the public body. _____ I hereby REQUEST that retainage on the above contract be placed in a non-interest-bearing account and have signed that agreement below. (2)Deposited by the public body in an interest bearing account. _____ I hereby REQUEST that retainage on the above contract be placed in an interest bearing account and have signed that agreement below. (3)Placed in escrow with a bank or trust company by the public body. _____ I hereby REQUEST that retainage on the above contract be placed in escrow and have signed that agreement. (4)Paid to them and submit a bond for all or any portion of the amount of funds retained by the public body in a form acceptable to the City. _____ I hereby REQUEST a bond in lieu of retainage on the above contract and have signed that agreement. In the event that it is desired to place retained monies in escrow, it will be necessary that the Contractor enter into an escrow agreement with the city-named bank. That agreement shall be executed on forms furnished by the City. The escrow agreement must be completed and approved prior to any monies being placed in escrow. Signature and Title___________________________________ Date_____________________ Northeast Electric Request Option 1 Manager 2023-04-06 Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 10 of 21 Moses Lake Council Packet 4-11-23, Page 29 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 11/33 GENERAL REQUIREMENTS ____________________________________________________ All Work shall be in accordance with the 2022 Community Street and Utility Standards, which standards adopt and revise the 2020 Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction. The General Provisions and Special Provisions within this request for quotes are amendments to the 2022 Community Street and Utility Standards. 2.0 INTERPRETATION No oral interpretations will be made to any quoter as to the meaning of the terms described herein. Interpretations, if made, will be written the form of an addendum and sent to all registered quoters. 3.0 REJECTION OF QUOTE The City reserves the right to reject any or all quotes if such action is in the best interest of the City. 4.0 BASIS FOR AWARD Award will be based on all information contained in the quote as well as the unit price and materials being offered. In order to be considered responsive, the quote shall be completed in all respects. The City will evaluate all quotes and will determine the Contractor that will be in the best interest of the City. 5.0 SIGNATURE AND ELIGIBILITY The prices for work and names and addresses of the Quoter(s) shall be clearly and legibly written. Signatures shall be signed in the spaces provided and in compliance with all legal requirements. 6.0 CODES AND STANDARDS The Contractor shall comply with all applicable local and state codes and standards. Where conflicts exist from one code to another, the more stringent shall apply. 7.0 LICENSE AND PERMITS The Contractor and all Subcontractors shall have a current City of Moses Lake Business License. 8.0 CONDITIONS OF AWARD A.Proposal: The Contractor shall satisfy the following requirements before a quote will beAwarded to them. The information shall be provided on the Proposal form. 1. The Contractor is a licensed, bonded, and registered Contractor in Washington State. 2. The Contractor’s current UBI number. 3. The Contractor’s current Industrial Insurance. Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 11 of 21 Moses Lake Council Packet 4-11-23, Page 30 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 12/33 4. The Contractor’s current Employment Security Department number.5. The Contractor’s State Excise Tax number. B.Prior to Award: The City of Moses Lake will verify the Contractor has the following: 1. Current City of Moses Lake business license. 2. Registered with the Office of the Secretary of State. 3. Registered with and has an open account with the Department of Revenue.4.Registered as a construction Contractor with the Washington State Department of Labor andIndustries (L&I) and has active status, when applicable.5. Current workers’ comp premiums and current Contractor registration with L&I. C. Within 10 working days after the notification of award, the following forms shall be provided tothe City. 1. Signed Contract. The signature on the Contract shall be from a governing person of the company, as registered with the Office of the Secretary of State, with the exception ofcompanies with one governing person. If not listed as a governing person, acceptable formsof signing authority include: corporate resolution, corporation bylaws, or operatingagreement that indicates signing authority. The Contract will not be executed by the Cityuntil proof of signing authority is accepted by the City. 2. Performance and Payment Bonds. On projects less than $150,000, the City may accept aContractor’s request to withhold 10 percent retainage in lieu of bonds; and on projects lessthan $10,000, the City waives bonds and retainage: provided a 1-year warranty on the workis not waived by the Contractor.3. Proof of Insurance, including a copy of all required endorsements. All certificates and endorsements for this contract shall include the contract name and number; and referenceThe City of Moses Lake Public Works Division.4. Contractor’s Declaration of Intent.5. Request to Sublet Work, when applicable. 9.0 SUBCONTRACTORS In the event Subcontractors are used by the Contractor to complete the terms of this agreement, the Subcontractors shall meet the requirements of Section 8.0, Subsection A and B of the General Requirements. The City shall receive and approve the Request to Sublet Work form prior to start of project. 10.0 NOTICE TO PROCEED After Notice to Proceed is given, the Contractor shall order all materials and equipment required to complete this contract. The City and Contractor shall then set a schedule for the work. Work shall be completed within 15 working days after start date. 11.0 HOURS OF WORK Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 12 of 21 Moses Lake Council Packet 4-11-23, Page 31 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 13/33 Except in the case of emergency, or as approved by the City Council, the project working hours shall be between 7:30 a.m. and 6:00 p.m. of a working day. The Contractor shall provide a schedule of the hours to be worked, and shall notify the Public Works Superintendent of all changes to the schedule as work progresses. Working days are Monday through Friday, and do not include the following holidays: January 1 The third Monday of January The third Monday of February Memorial Day Juneteenth July 4th Labor Day November 11 Thanksgiving Day The day after Thanksgiving Christmas Day When any of these holidays fall on a Sunday, the following Monday shall be counted a nonworking day. When the holiday falls on a Saturday, the preceding Friday shall be counted a nonworking day. The days between December 25 and January 1 will be classified as nonworking days. 12.0 REPAIR OF DAMAGE The Contractor is responsible for all damages to adjacent improvements that are caused by the Contractor’s actions. The Contractor shall repair or replace all damaged improvements at no cost to the City. 13.0 ACCEPTANCE OF WORK The work will be accepted by the City after all of the following events have occurred: A.The work is substantially completed.B.The Public Works Superintendent has inspected and approved the work.C.The Municipal Services Director has accepted the project. 14.0 PAYMENT A. The City shall receive an approved copy of the “Intent to Pay Prevailing Wages”from the L&I prior to making any payment to the Contractor for the work. The prevailing wagerates may be reviewed at the following URL: www.prevailingwage.lni.wa.gov, and are also available for review at the Public Works Administration Office at 11789 Road 4 NE, Moses Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 13 of 21 Moses Lake Council Packet 4-11-23, Page 32 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 14/33 Lake,Washington. The prevailing wages for this project are those prevailing wages in effect on the day that quotes are due. The City will make payment to the Contractor, less retainage, after the work is accepted by the City, the City receives an approved copy of the “Intent to Pay Prevailing Wages” from the Contractor and each Subcontractor, and the Contractor has provided an invoice for the completed work. B. The City will process the release of retainage after the following events haveoccurred: 1. The 60-day lien period has ended, which begins on the day of acceptance of the project by the City. 2. The City has received an approved copy of the “Affidavit of Wages Paid” from L&I forthe Contractor and each Subcontractor. Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 14 of 21 Moses Lake Council Packet 4-11-23, Page 33 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 15/33 INSURANCE REQUIREMENTS _______________________________________________________________________________________________ EXHIBIT A Indemnification / Hold Harmless The Contractor shall defend, indemnify and hold the Owner and its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Owner. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Owner, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. A.Insurance Term The Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor’s work through the term of the contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated herein. B.No Limitation Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Owner’s recourse to any remedy available at law or in equity. C.Minimum Scope of Insurance Contractors required insurance shall be of the types and coverage as stated below: 1.Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2.Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01and shall cover liability arising from premises, operations, stop gap liability, independent contractors,products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per projectgeneral aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be noexclusion for liability arising from explosion, collapse or underground property damage. The Owner shall Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 15 of 21 Moses Lake Council Packet 4-11-23, Page 34 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 16/33 be named as additional insureds under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the Owner using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3.Workers’ Compensation coverage as required by the Industrial Insurance laws of the State ofWashington. 4.Builders Risk insurance covering interests of the Owner, the Contractor, Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on a special perils policy form and shall insureagainst the perils of fire and extended coverage and physical loss or damage including flood, earthquake,theft, vandalism, malicious mischief, and collapse. The Builders Risk insurance shall include coverage for temporary buildings, debris removal, and damage to materials in transit or stored off-site. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be theresponsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by theOwner upon written request by the Contractor and written acceptance by the Owner. Any increaseddeductibles accepted by the Owner will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until the Owner has granted substantial completion of the project. 5.Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as theContractor’s Commercial General Liability and Automobile Liability insurance. The Owner shall be namedas additional insureds on the Contractor’s Excess or Umbrella Liability insurance policy. The Excess or Umbrella insurance coverage will drop down when underlying policy aggregate limits are exhausted. D.Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1.Automobile Liability insurance with a minimum combined single limit for bodily injury and propertydamage of $1,000,000 per accident. 2.Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 3.Builders Risk insurance shall be written in the amount of the completed value of the project with nocoinsurance provisions. 4.Excess or Umbrella Liability insurance shall be written with limits of not less than $2,000,000 or other per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may besatisfied instead through the Contractor’s Commercial General Liability and Automobile Liability insurance,or any combination thereof that achieves the overall required limits. E.Owner Full Availability of Contractor Limits If the Contractor maintains higher insurance limits than the minimums shown above, the Owner shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 16 of 21 Moses Lake Council Packet 4-11-23, Page 35 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 17/33 required by this contract or whether any certificate of insurance furnished to the Owner evidences limits of liability lower than those maintained by the Contractor. F.Other Insurance Provision The Contractor’s Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Owner. Any Insurance, self-insurance, or self-insured pool coverage maintained by the Owner shall be excess of the Contractor’s insurance and shall not contribute with it. G.Contractor’s Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers, contractors or subcontractors as well as to any temporary structures, scaffolding and protective fences. H.Waiver of Subrogation The Contractor and the Owner waive all rights against each other, any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. I.Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII and licensed to do business in the state of Washington. J.Verification of Coverage Contractor shall furnish the Owner with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the Owner a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Upon request by the Owner, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this contract and evidence of all subcontractors’ coverage. K.Subcontractors The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Owner is an additional insured on each and every Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 17 of 21 Moses Lake Council Packet 4-11-23, Page 36 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 18/33 Subcontractor’s Commercial General liability insurance policy using an endorsement at least as broad as ISO Additional Insured endorsement CG 20 38 04 13. L.Notice of Cancellation The Contractor shall provide the Owner and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice. M.Failure to Maintain Insurance Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Owner may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Owner on demand, or at the sole discretion of the Owner, offset against funds due the Contractor from the Owner. The Contractor shall indicate any existing claims activity that would affect the aggregate limits. This shall include paid claims, reserve claims, and potential claims. N.Deductible Any insurance deductible shall be paid by the Contractor and shall not be greater than 10% of the total "Amount of Quote." O.Property Insurance Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Contractor, subcontractors or others in the Work. Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 18 of 21 Moses Lake Council Packet 4-11-23, Page 37 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 19/33 CONTRACTOR’S AGREEMENT TO PAY PREVAILING WAGE RATES _______________________________________________________________________________________________ EXHIBIT B Contractor’s Agreement to Pay Prevailing Wage Rates In accordance with the laws of the State of Washington, Chapter 39.12 RCW, the hourly wage to be paid to laborers, workmen or mechanics upon all public works of this State and upon the Work contemplated in this Contract shall not be less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality within the State where such labor and Work herein contemplated is to be performed. All laborers, workmen or mechanics shall be paid not less than the minimum hourly rate of wage as determined by the State Industrial Statistician which rates shall be incorporated into this Contract by reference; provided, however, nothing herein contained shall be construed to prohibit the Contractor, subcontractor or other person doing or contracting to do the whole or any part of the Work under this Contract from paying any such laborers, workers or mechanics wages in excess of the hourly minimum rate above specified. The Contractor, on or before the date of commencement of the Work, shall file a Statement of Intent to Pay Prevailing Wages with the Owner and with the Director of Labor and Industries certifying the rate of hourly wage, including fringe benefits, paid and to be paid each classification of laborers, workers, or mechanics employed upon the Work by the Contractor or subcontractor which shall be filed in accordance with the practices and procedures required by the Department of Labor and Industries. Wage rates so filed will be checked against prevailing wage rates determined by the Industrial Statistician of the Department of Labor and Industries. If the wage rates are correct, the Department will issue an acknowledgment of approval to the Contractor with a copy to the Owner. If any incorrect wage rates are included, the Contractor will be notified of the correct rates by the Department, and approval will be withheld until a correct statement is received. Forms for filing a Statement of Intent are available from the Supervisor of Industrial Relations, Department of Labor and Industries, General Administration Building, Olympia, Washington. Each request submitted by the Contractor for a progress payment on a Project estimate shall state that the prevailing wages have been paid in accordance with the prefiled Statement of Intent to pay prevailing wages on file with the Department of Labor and Industries and approved by the Department. Certified wage affidavit listing all classifications and applicable wages paid will not be required for each progress estimate payment, other than the above statement. At the conclusion of the Project, the Contractor and its subcontractors shall submit affidavits of wages paid to the Industrial Relations Division, Department of Labor and Industries, General Administration Building, Olympia, Washington, 98504, for certification. Form "Affidavit of Wages paid on Public Works Contract" Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 19 of 21 Moses Lake Council Packet 4-11-23, Page 38 of 79 Stratford and Valley Emergency Signal Cabinet Repair – Contract No. GC2023-110 Page 20/33 or a similarly constructed form shall be filed to secure the certification of the Director of the Department of Labor and Industries of the State of Washington. Final payment on the contract will be withheld until the Owner has received certification by the Director that the prevailing wage requirements of the law have been satisfied. The prevailing rate of wages to be paid to all workers, laborers or mechanics employed in the performance of any part of this Contract shall be in accordance with the provisions of Chapter 39.12 RCW as amended. The rules and regulations of the State of Washington Department of Labor and Industries and the schedule of prevailing wage rates for the locality or localities where this Contract will be performed as determined by the Industrial Statistician of the State of Washington Department of Labor and Industries are by reference made a part of this Contract as though fully set forth herein. In as much as the Contractor will be held responsible for paying the prevailing wages, it is imperative that all contractors familiarize themselves with the current wage rates before submitting proposals based on these Contract Documents. In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties of interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington, and his decision shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060 as amended. Current prevailing wage data will be furnished by the Industrial Statistician upon request from the Industrial Relations Division, Department of Labor and Industries, Olympia, Washington, 98504. The Owner does not guarantee that labor can be procured for the minimum wages in the wage scale. The rates of wages listed are minimum only, below which the Contractor cannot pay, and they do not constitute a representation that labor can be procured for the minimum listed. The Contractor shall ascertain the wages above the minimum set forth that the Contractor may have to pay. Prevailing wage data as of the date specified is included herein as Part 5 for the Contractor’s reference. Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 20 of 21 Moses Lake Council Packet 4-11-23, Page 39 of 79 Moses Lake Civic Center · 401 S. Balsam Street · P.O. Drawer 1579 · Moses Lake, WA 98837 www.cityofml.com · 509-764-3701 City of Moses Lake Contract Summary Department: _____________ Council Date: ________________________ Vendor: ______________________________________________ Today’s Date: ________________________ Contract Amount ________________________ WCIA Property? _________ Interlocal Agreement? _________ Contract Description: ______________________________________________ Expiration Year: _________ Retention: _________ (years after terminated) Vendor Email: ______________________________________________ COML Employee: ______________________________________________ Notes: ______________________________________________ Department Abbreviations: ADM CDD FIN Fin-Util Fire HR MS ENG MS PW Police Police-Fire PRCS TSD ILA Date Scan to Web: ________________________ COI Receive Date: ____________________________________________ Rating: ______________________________________________ Limit Notes: ______________________________________________ COI End Date: ______________________________________________ COML Signer Initials: 2023 Richard Law MS ENG No No $59,000 thalberg@nellc.net Northeast Electric 2023-04-05 Emergency Repair of Signal Cabinets 2023-04-11 4-11 Council resolution to ratify emergency correct contract page total is only 20. Document Ref: RI9HR-MM7SA-24VJQ-PGFFU Page 21 of 21 Moses Lake Council Packet 4-11-23, Page 40 of 79 Signature Certificate Reference number: RI9HR-MM7SA-24VJQ-PGFFU Document completed by all parties on: 06 Apr 2023 18:01:11 UTC Page 1 of 1 Signer Timestamp Signature Allison Williams Email: awilliams@cityofml.com Shared via link Sent:06 Apr 2023 16:29:00 UTC Viewed:06 Apr 2023 17:07:33 UTC Signed:06 Apr 2023 17:07:54 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Troy Halberg Email: troyh@nellc.net Shared via link Sent:06 Apr 2023 16:29:00 UTC Viewed:06 Apr 2023 17:18:29 UTC Signed:06 Apr 2023 17:19:43 UTC IP address: 50.43.62.154 Location: Woodland, United States Katherine Kenison Email: kkenison@basinlaw.com Shared via link Sent:06 Apr 2023 16:29:00 UTC Viewed:06 Apr 2023 18:01:01 UTC Signed:06 Apr 2023 18:01:11 UTC IP address: 173.209.171.7 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 40,000+ companies worldwide. Moses Lake Council Packet 4-11-23, Page 41 of 79 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 Allison Williams, City Manager 10362 Doug Coutts, Director Parks, Recreation, and Cultural Services 4/11/2023 Consent Agenda Conservation District Demonstration Site Interlocal Agreement City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Approval via Consent Agenda for staff to proceed in the execution of an Interlocal Agreement with the Grant County Conservation District to develop a demonstration site in Lower Peninsula Park ILA_CoML_CBCD_Draft.docx 22.74KB The proposal is for approval of an Interlocal agreement for the development of a native/drought tolerant plant demonstration site to be installed in Lower Peninsula Park with responsibilities as follows: 1.Grant County Conservation District (CBCD) agrees to: 1.Develop a planting plan and maintenance plan for the site. 2.Schedule and complete cultural resources review for the demonstration site visit. 3.Provide material costs for the demonstration site which includes signs, plant materials, ground cover, and other materials for the site. 4.Participate in site visits with City staff, as needed. 2.City of Moses Lake (CoML) agrees to: 1.Provide a mutually agreed upon demonstration site location within Lower Peninsula Park. 2.Provide labor for the construction of the demonstration site. 3.Maintenance of the demonstration site, including irrigation needs, if necessary, and other maintenance requirements until the site is sustainable on its own. 4.Participate in site visits with the District staff, as needed. None Moses Lake Council Packet 4-11-23, Page 42 of 79 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Options and Results Staff would execute the agreement and begin the development process. Staff will bring back options for recommended changes. Staff will review the proposal and look at additional options for future consideration. Moses Lake Council Packet 4-11-23, Page 43 of 79 Interlocal agreement between Grant County Conservation District & City of Moses lake Page 1 INTERLOCAL AGREEMENT BETWEEN GRANT COUNTY CONSERVATION DISTRICT & CITY OF MOSES LAKE THIS AGREEMENT is made and entered into between the Grant County Conservation District, a State of Washington governmental subdivision established under RCW 89.08 dba Columbia Basin Conservation District, and the City of Moses Lake, a municipal corporation organized under the laws of the State of Washington, hereinafter referred to as “District” and “City”, as public agencies pursuant to the Interlocal Cooperation Act, RCW 39.34. WHEREAS, RCW 39.34.080 authorizes public agencies to perform governmental services, activities, or undertakings which each public agency entering into the contract is authorized by law to perform, provided such contract shall be authorized by the governing body of each party to the contract; and WHEREAS, the District and the City recognize that by taking cooperative and coordinated action they can improve the overall quality, efficacy, and economy of their conservation programs including technical assistance to our communities through the development of the Shoreline Restoration Public Exhibit Project. NOW, THEREFORE, in consideration of the mutual benefits to be derived from this agreement, the District and City agree as follows: 1.Grant County Conservation District (CBCD) Agrees to: 1. Develop a planting plan and maintenance plan for the site. 2.Schedule and complete cultural resources review for the demonstration site visit. 3.Provide material costs for the demonstration site which includes signs, plant materials, ground cover, and other materials for the site. 4.Participate in site visits with City staff, as needed. 2.City of Moses Lake (CoML) Agrees to: 1. Provide a mutually agreed upon demonstration site location within Lower Peninsula Park. 2.Provide labor for the construction of the demonstration site. 3. Maintenance of the demonstration site, including irrigation needs, if necessary, and other maintenance requirements until the site is sustainable on its own. 4.Participate in site visits with the District staff, as needed. Moses Lake Council Packet 4-11-23, Page 44 of 79 Interlocal agreement between Grant County Conservation District & City of Moses lake Page 2 3.Project Manager: The following contacts shall be responsible for all communications of their respective entities regarding the performance of this agreement. Grant County Conservation District City of Moses Lake Ron Scerbicke, Watershed Planner Bill Aukett, Park Main. Superintendent Columbia Basin Conservation District City of Moses Lake 1107 S. Juniper Dr. 411 S. Balsam Street Moses Lake, WA Moses Lake, WA 98837 (509) 765-4127 (509)764-3816 ron-scerbicke@columbiabasincd.org baukett@cityofml.com 4.Effective Date: The effective date of this agreement is April 15th, 2023, and shall automatically renew every month until terminated by either party. 5.Termination: Any party may withdraw from this agreement by giving thirty days prior written notice by mail or e-mail to the project manager identified above. 6.Indemnification: Each party shall defend, protect, and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that District's or City’s employees, agents, and/or authorized subcontractor(s) while performing this agreement. 7.Mediation: The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Washington. In the event of a dispute arising out of this Agreement where the parties are unable reach a resolution through informal discussion, the parties agree to participate in non-binding mediation before a third party professional mediator, whose selection will be mutually agreed upon. The cost of mediation will be borne equally by both parties and mediation should occur within thirty (30) days of a request by either party to engage in mediation. No claim or suit may be brought until the dispute resolution procedures as set forth in this section have been exhausted. If dispute resolution efforts under this section are not successful, either party may institute legal action to enforce the terms and conditions of this Agreement. 8.Agreement Alterations and Amendments: The Parties may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind for each of the respective parties. 9.All Writings Contained Herein: This Agreement contains all the terms and conditions agreed upon by the parties relative to staff sharing. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or Moses Lake Council Packet 4-11-23, Page 45 of 79 Interlocal agreement between Grant County Conservation District & City of Moses lake Page 3 bind any of the parties hereto. 10. Governance: This agreement is entered into pursuant to and under the authority granted to by RCW 39.34.060 (the Interlocal Cooperation Act). The provisions of this agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a.Applicable state and federal statutes and rules; and b.Any other provisions of the agreement, including materials incorporated by reference. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party, not a signatory hereto. Grant County Conservation District by: _________________________________ Dave Stadelman Date Chair City of Moses Lake by: _________________________________ Allison Williams Date City Manager Moses Lake Council Packet 4-11-23, Page 46 of 79 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 Allison Williams, City Manager 10366 Kirsten Sackett Community Development 4/11/2023 Consent Agenda Request to Build on Unplatted Property City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Adopt a resolution allowing the applicant to apply for a building permit on the unplatted property described as the East 80' of Lot 10, Block 25 Burress Tract #3, subject to the conditions of the attached resolution, including the condition that the building permit be issued within six months and that reimbursements owed the City be paid before occupancy. Subject Property Map - Burress Tract #3.docx 698.44KB Serge Pashkovsky on behalf of Ultra Modern LLC - Build on unplatted resolution 4-5-2023.docx 20.28KB The Community Development Department has received a request from Serge Pashkovsky on behalf of Ultra Modern LLC, to build on Assessor Parcel Number (AFN) 090845000 located at 121 E. Sixth Ave (Exhibit A - January 11, 2023- Michael Earl, Esq). Upon original receipt of this request, the City reached out to Earl & Edwards informing the requester that the topic at hand was whether the property was a legal lot of record and that the Tile Company would need to provide a copy of the chain of tle to the Planning Division for legal lot of record determinaon. On February 21, 2023, Stewart Title Company provided recorded documents that could support a chain of tle (Exhibit B Deeds - deed recorded in 1967 under AFN# 529027 and subsequent deeds AFN#s 725409, 121350, 107300, and 254366 Grant County Auditor). The City Community Development affirmed the originang established deed was recorded in 1967 under AFN# 529027. Although this poron of property is in the Burress Tract #3 and was recorded in 1945, the deed that established this property is not a record of survey nor is it considered “plaed.” Moses Lake Municipal Code (MLMC) requires property to be plaed before the issuance of a building permit (pursuant to MLMC 16.02.040 and 16.02.110). Moses Lake Council Packet 4-11-23, Page 47 of 79 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: MLMC 16.02.040 and 16.02.110 allows a property owner to make a request to City Council for development of an Unplaed Areas and Plang Deemed Insufficient - When. Pursuant to 16.02.040, no building permit or other development permit shall be issued for any lot, tract or parcel of land divided in violaon of Chapter 58.17 RCW or the plang ordinances and regulaons of the city. No building permit or other development permit shall be issued for any unplaed property not otherwise permied to be issued a building permit unless the City Council finds that the public interest will not be adversely affected by the issuance of such a permit. The standards to determine if the public interest will be adversely affected includes but is not limited to consideraon of the installaon or existence of: ·adequate sewer and water, o Staff Analysis: The improvements that are sufficient include curb, sidewalk, half street, guer, storm water, and street lighng. ·conformance to lot size requirements, o Staff Analysis: The City Community Development affirmed the originang established deed was recorded in 1967 under AFN# 529027. The “lot” area appears Non-conforming. ·existence of street, sidewalk and curb improvements, o Staff Analysis: The improvements that are sufficient include curb, sidewalk, half street, guer, storm water, and street lighng. ·access to the site, o Staff Analysis: The applicant has obtained access permits. ·all as respects the proposed building site and the surrounding area. o Staff Analysis: The applicant has submied a site plan that may comply with adopted bulk requirements / regulaons excepng lot size (see above). The City Council may condion the issuance of a building permit on unplaed land on the installaon or compleon of such ulity, street and sidewalk improvements or other condions as the City Council, upon recommendaon of staff, shall deem appropriate. The City Council shall make the grant of the privilege to build on unplaed land specific as to the proposed building acvity and personal to the applicant. The grant of such privilege shall expire if a building permit is not obtained within six (6) months of the adopon of the resoluon provided for herein unless the applicant requests and obtains an addional thirty (30) day extension from the Community Development Director. Any request for the thirty (30) day addional extension must be submied in wring to the Community Development Director prior to the expiraon of the six (6) month limitaon period. The Community Development Director has the discreon to grant the addional extension only when no significant development code changes have occurred or will occur during the extension period, there is demonstrable proof of substanal progress made by the applicant, and the request serves the public health, safety and welfare. No more than one (1) thirty (30) day addional extension may be granted to any applicant. The City Council shall only direct the issuance of such a permit by a resoluon of the City Council. Options and Results Approval will allow the applicant to build a single-family residence on the subject property. Staff will bring back options for recommended changes. A building permit will not be issued until the property is platted. Moses Lake Council Packet 4-11-23, Page 48 of 79 Subject Property - East 80' of Lot 10, Block 25 Burress Tract #3 Mapped Utilities Moses Lake Council Packet 4-11-23, Page 49 of 79 RESOLUTION 3936 A RESOLUTION ALLOWING PROPERTY OWNER ULTRA MODERN LLC TO BUILD ON UPLATTED PROPERTY Recitals: 1.Moses Lake Municipal Code 16.02.040 allows for the issuance of a building permit to a proponent who wishes to build on unplatted property after a resolution has been duly passed by the City Council. 2.Serge Pashkovsky on behalf of Ultra Modern LLC has requested City Council toallow him to build on unplatted property he owns and described as follows: E80' OF LOT 10 BLOCK 25 BURRESS TRACT #3. Grant County Assessor’s No. 090845000 located at 121 E Sixth Ave, MosesLake Resolved: 1.Pursuant to MLMC 16.02.040, this authorization is personal as to SergePashkovsky on behalf of Ultra Modern LLC and is limited in scope for the construction of a single-family residence on the above described unplatted property provided that all permits and construction plans are submitted andapproved by the appropriate city departments. This authorization shallautomatically expire if Serge Pashkovsky on behalf of Ultra Modern LLC fails toobtain a building permit within six months from the date hereof. 2.Serge Pashkovsky on behalf of Ultra Modern LLC shall prepare and record a record of survey reflecting the legal description within the originating deed(s)prior to building permit issuance in order to establish the setbacks compliant withthe MLMC. 3.This authorization is conditioned on the payment in full of all outstanding reimbursements for infrastructure improvements prior to issuance of a certificate of occupancy. ADOPTED by the City Council on April 11, 2023. ________________________________ Don Myers, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 4-11-23, Page 50 of 79 &RXQFLO6WDII5HSRUW 7R$JHQGD,WHP1XPEHU )URP 'HSDUWPHQW )RU$JHQGDRI3URFHHGLQJ7\SH 6XEMHFW 5HYLHZHGDQG$SSURYHGE\ ([SHQGLWXUH5HTXLUHG$PRXQW%XGJHWHG$SSURSULDWLRQ5HTXLUHG $FWLRQ5HTXHVWHG 3DFNHW$WWDFKPHQWVLIDQ\ 2YHUYLHZ )LVFDODQG3ROLF\,PSOLFDWLRQV $SSURYH$XWKRUL]HRU$GRSW 3URYLGH$PHQGHG'LUHFWLRQ 1R$FWLRQ7DNHQ $OOLVRQ:LOOLDPV&LW\0DQDJHU 7RQ\0DVVD5LFKDUG/DZ 0XQLFLSDO6HUYLFHV 2OG%XVLQHVV $PHQGPHQWWR&RQWUDFWIRU6HFXULW\*XDUG6HUYLFHV &LW\0DQDJHU )LQDQFH )LUH &LW\$WWRUQH\&RPPXQLW\'HYHORSPHQW 3ROLFH +XPDQ5HVRXUFHV 0XQLFLSDO6HUYLFHV 3DUNV5HF &XOWXUDO6HUYLFHV $XWKRUL]H&LW\0DQDJHUWRVLJQDPHQGHGFRQWUDFWIRU6HFXULW\*XDUG6HUYLFHV 6HFXULW\&RQWUDFW$PHQGHGIRU6OHHS&HQWHUDGGLQJ3DWURO 6HUYLFHVGRF[.% $PHQGLQJFRQWUDFWIRU6HFXULW\*XDUG6HUYLFHVWRLQFOXGHDQDGGLWLRQDOJXDUGZLWKDYHKLFOHWRSDWUROVHYHUDO GHVLJQDWHG&LW\IDFLOLWLHVIURPSPWRDP6XQGD\WKURXJK6DWXUGD\ 7KHDGGLWLRQDOEXGJHWZDVUHYLHZHGZLWK)LQDQFH&RPPLWWHHDQGLQFOXGHGLQWKHILUVWTXDUWHUEXGJHW DPHQGPHQWDSSURYHGE\&LW\&RXQFLO 2SWLRQVDQG5HVXOWV &LW\0DQDJHUZLOOH[HFXWHDPHQGHGFRQWUDFWXSRQDSSURYDORILQVXUDQFH 6WDIIZLOOEULQJEDFNRSWLRQVIRUUHFRPPHQGHGFKDQJHV :LOOQRWDGGVHFXULW\SDWUROVWR&LW\IDFLOLWLHV Moses Lake Council Packet 4-11-23, Page 51 of 79 CONTRACT FOR SECURITY GUARD SERVICES THIS CONTRACT FOR SECURITY GUARD SERVICES is made and entered into on this ____ day of March 2023, by and between the City of Moses Lake, a Washington municipal corporation and non-charter code city (“City”), and Pacific Security, a division of Parker Corporate Services, INC. NOW THEREFORE, in consideration of the foregoing recitals and the terms, conditions, covenants, and agreements set forth herein, the Parties agree as follows: 1.GUARD SERVICES. Pacific Security shall provide Security Services to the City to include one 10-hour shift from 9:00 p.m. to 7:00 a.m. Sunday through Saturday at the City’s sleep center (add) and a second 12-hour shift from 4:30 p.m. to 4:30 a.m. Sunday through Saturday to patrol several designated City facilities. 1.1 “Security Services” shall mean surveying city facilities and properties, informing any individual present on closed property that the property is closed, and reporting any illegal activity occurring thereon to law enforcement or other appropriate authorities. 1.2 Pacific Security shall not detain any individual for any purpose. 1.3 Pacific Security shall not enter onto any other property not owned by the City while providing Security Services under this contract. 1.4 Pacific Security shall provide information as a “fact witness” to law enforcement to assist in the arrest, charging, and prosecution of such offenders by law enforcement. However, Pacific Security shall not sign a complaint or similar document on behalf of the City and any request for a signed complaint by a law enforcement agency shall be referred to the City. 1.5 Any action of an official nature shall be referred to the City. 1.6 Pacific Security shall provide regular reports, on a daily or weekly occurrence as directed by the City, of security services to the City. 1.7 Security Services in addition to those set forth above may be provided to the City upon written request; however, all additional services or fee modifications will be incorporated in an addendum to this contract. 1.8 The City may increase or decrease the number of hours at its discretion, with advance notice. Increases with less than 72 hours’ notice will be billed at one and half times the current bill rate through the following week. Moses Lake Council Packet 4-11-23, Page 52 of 79 2.COMPENSATION. The City shall pay to Pacific Security Twenty-Eight Dollars and Thirty-Three Cents ($28.33) for a guard without a vehicle for security services provided. (Add) and Thirty-Five Dollars ($35.00) per hour for a guard with a vehicle. 2.1 All payments for Security services by the City are due and payable upon receipt of invoice and past due thirty (30) days thereafter. 2.2 Any payment past due more than thirty (30) days shall incur a one and a half percent (1.5%) service charge per month. 3.TERM AND TERMINATION. This Contract shall commence on February ___, 2023 and shall automatically renew every month unless terminated. This Contract may be terminated by either Party at any time by giving the other Party at least thirty (30) days prior written notice of the termination date of this Contract. 4.EMERGENCY CONTACT INFORMATION. The City agrees to provide Pacific Security with the names and phone numbers of persons to be contacted in case of an emergency. It is the responsibility of the City to update the emergency information and to keep it current. Further, it is the City’s responsibility to inform Pacific Security of any changes known to the City affecting the protected premises and Pacific Security’s provision of security services thereto. The City agrees that Pacific Security shall not be responsible for any loss or damage which is caused by the City’s failure or inability to notify Pacific Security of changes concerning the City’s premises or to update emergency information. 5.PERSONAL PROTECTION DEVICES. Pacific Security and its employees or agents may carry personal protection devices solely for personal protection. Personal protection devices, including but not limited to tasers, stun guns and OC spray, shall not be used to fulfill the purposes of this Contract. Personal protection devices do not include firearms or any object used as a dangerous weapon. Possession or use of a firearm or any object used as a dangerous weapon is prohibited on City property. Pacific Security shall indemnify and hold the City harmless for any liability or claim arising from the use of personal protection devices by the agents and employees of Pacific Security. 6.RECORDS. Pacific Security shall maintain records regarding the contracted Security Patrol services, indicating the dates and times of services provided. Remarks will be made for those things which appear to require the City’s attention or incidents of interest which may have occurred but did not warrant notifying the City or law enforcement. All data, reports, and information regarding work performed by Pacific Security hereunder in written, electronic or other form, shall become the property of the City. Pacific Security shall retain all records of service related to the City for a period of six years and such records are available to the City upon request. Pacific Security understands and agrees that, in performing services for a public entity, certain Moses Lake Council Packet 4-11-23, Page 53 of 79 records and documents created by and/or in the possession of Pacific Security may be public records and may be subject to applicable state and federal public disclosure laws. Pacific Security agrees to comply with any such regulations at its cost. Pacific Security shall not divulge to any third parties any information obtained from or through the City or developed hereunder without first obtaining approval from the City or its designated representative. 7.QUALIFICATIONS OF ASSIGNED PERSONNEL. Assigned personnel shall be guard certified in the State of Washington or meet guard certification requirements as defined in RCW Chapter 18.170. Assigned personnel shall read and understand “post orders” written in English, write an organized, clear, and readable report in English, and understand and verbally communicate in clear, understandable English. Assigned personnel shall have at least two years of prior experience and satisfactory performance in a guard service position. Assigned personnel shall not have been separated from previous protective service employment or military service for disciplinary reasons, abuse of drugs or alcohol or a physical or mental infirmity rendering them incapable of performing their duties. Assigned personnel shall possess a current and valid Washington state driver’s license. Assigned personnel are tested “drug free” personnel, have a valid First Aid and CPR certification, Modification of Aggressive Behavior (MOAB) and shall have basic knowledge of fire prevention and suppression methods and equipment. Assigned personnel shall be familiar with and follow all City policies regarding the workplace including but not limited to workplace harassment, no smoking policy, violence in the workplace, drug free workplace, and workplace discrimination. 8.RELATIONSHIP BETWEEN PARTIES. The Parties intend that an independent contractor relationship will be created by this Contract. Nothing in this Contract shall be interpreted to create an employee/employer relationship, association, joint venture, agency relationship, or partnership. The City shall not be obligated to pay to Pacific Security, and Pacific Security shall not be entitled to any benefits accorded to City employees by virtue of the services provided under this Contract. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or any other tax, for contributing to the state industrial insurance program or otherwise assuming the duties of an employer with respect to Pacific Security. Pacific Security shall be responsible for the payment and all contributions or taxes which are measured by wages, salaries, or other remuneration paid to persons employed by Pacific Security for the work to be performed hereunder, or which arise by virtue of Pacific Security’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. Pacific Security shall comply with all laws and administrative regulations relating to such contributions or taxes. Pacific Security accepts full and exclusive liability for and shall pay all sales, use, gross receipts, and any other taxes arising from the fees paid to Pacific Security by the City for Pacific Security’s performance of this Agreement. The City is interested primarily in the results to be achieved; subject to paragraphs herein, the implementation of services and the Moses Lake Council Packet 4-11-23, Page 54 of 79 safety measures required by the services will lie solely with the discretion of Patrol. No agent, employee, servant or representative of Pacific Security shall be deemed to be an employee, agent, servant or representative of the City for any purpose. Pacific Security 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 Contract. It is understood that Pacific Security is free to contract for similar services to be performed for other parties while Patrol is under contract with the City. Nor shall either Party have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party. In the performance of the services herein contemplated Pacific Security is an independent contractor with the authority to control and direct the performance of the details of the work, 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. 9.WARRANTY OF SERVICES. It is agreed and understood by the City that the services provided hereunder can only provide a degree of security resulting from reasonable efforts of Pacific Security to carry out mutually agreed security procedures. However, Pacific Security understands and acknowledges that the City will be relying upon its accuracy, competence and credibility and the completeness of the services to be provided hereunder. The City further understands and agrees that Pacific Security is not providing absolute or maximum security and that Pacific Security is not an insurer. All amounts payable to Pacific Security under this Contract are based solely upon the value of the services rendered and are unrelated to the value of the City’s property. Pacific Security is not responsible for any loss by reason of theft, vandalism, or any other act, which is not directly caused by an agent or an employee of Pacific Security. The City understands that the services furnished under this Contract shall be in conformity with practices which are generally current in the security industry. The Parties agree that Pacific Security does not represent and cannot warrant that the services furnished will prevent or minimize the likelihood of loss; Pacific Security’s responsibility is solely limited to providing physical security services and Pacific Security has not been engaged as a consultant or otherwise to provide an assessment of security needs at the site(s) covered. The nature and level of security services provided were determined solely by the City and the City acknowledges that additional security services were available to the City at an additional cost. 10.PROHIBITION ON HIRING ASSIGNED PERSONNEL. The City agrees that it shall not directly hire or employ a Pacific Security employee currently employed by Pacific Security and within one (1) year following the termination of this Contract. 11.INSURANCE. Pacific Security shall, at its own expense, maintain in force and effect at its own cost and expense the following insurance coverage which shall be placed with an insurance carrier authorized to do business in the State of Washington and rated A-VII or better by Best’s Financial Strength Rating Guide: Moses Lake Council Packet 4-11-23, Page 55 of 79 x Commercial general liability insurance not less than two million dollars ($2,000,000.00) per occurrence and five million dollars ($5,000,000.00) aggregate; x Worker’s Compensation insurance as required by the Industrial Insurance laws of the State of Washington; x Automobile liability insurance not less than one million dollars ($1,000,000.00) per occurrence combined single limit of liability; and x Crime insurance with endorsement for third party coverage not less than one million dollars ($1,000,000.00) per occurrence (in lieu of a crime insurance policy, Pacific Security may elect to provide an Employee Dishonesty Bond covering all employees performing the services under this Contract in an amount of $50,000). The City and its officials, officers, employees, and agents shall be added as an additional insured under the general liability, automobile liability insurance, and employer’s liability insurance required under this Contract. It is the sole responsibility and obligation of Pacific Security to provide updated insurance information to the City, including but not limited to any notices of cancellation or reduction in limits of Pacific Security’s insurance. Pacific Security’s insurance shall be endorsed to require prior written notice by certified mail, return receipt requested, be given to the City thirty (30) days before any cancellation or reduction in limits is effective. Pacific Security shall provide the City with evidence of such insurance in the form of a certificate of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the Automobile Liability and Commercial General Liability insurance prior to the commencement of services and throughout the term of this Agreement. 12.INDEMNIFICATION. Pacific Security shall indemnify and hold the City and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the City arising out of, in connection with, or incident to the execution of this Agreement and/or Pacific Security’s performance or failure to perform any aspect of this Contract; provided, however, that if such claims are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Pacific Security and its agents, employees, and/or officers; and provided further, that nothing herein shall require Pacific Security to hold harmless or defend the City, its agents, employees and/or officers from any claims arising from the sole negligence of the City, its agents, employees, and/or officers. Pacific Security expressly agrees that the indemnification provided herein constitutes the contractor's waiver of immunity under Title 51 RCW, for the purposes of this Agreement. This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Contract. No liability shall attach to the City by reason of entering into this Contract except as expressly provided herein. Moses Lake Council Packet 4-11-23, Page 56 of 79 13.ENTIRE AGREEMENT. The Parties represent that this is the entire agreement and understanding among the Parties, and that there are no representations, warranties, terms, covenants or conditions made by any other party except as herein expressly contained. This Agreement shall not be altered, waived, modified or canceled in any respect except in writing, duly executed by all of the Parties hereto, and no oral agreement or course of conduct to the contrary, shall be deemed an alteration, amendment, modification of cancellation. 14.SEVERABILITY. If any provision or portion of this Contract shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction or other governmental authority, (1) such portion or provision shall be deemed separate and independent, (2) the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Party that were affected by such ruling, and (3) the remainder of this Contract shall remain in full force and effect. 15.GOVERNING LAW. The validity, interpretation, and enforcement of this Contract and each of its provisions shall be governed by the laws of the state of Washington, without regard to its conflicts of law principles. This Contract is subject to all applicable laws and regulations. Each Party expressly reserves the right to seek changes in, appeal, or otherwise contest any laws, orders, or regulations of a governmental authority. 16.VENUE. Any lawsuit arising directly or indirectly out of this Contract will be litigated in the Superior Court for Grant County, Washington. 17.WAIVER. Any waiver by either Party of a breach of any provision of this Contract shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Contract. The failure of a Party to insist upon strict adherence to any term of this Contract on one or more occasions shall neither be considered a waiver nor deprive that Party of any right thereafter to insist upon strict adherence to that term or any other term of this Contract. Any waiver must be in writing and signed by the Party to be charged therewith. 18.SECTION HEADINGS. Section headings appearing in this Contract are inserted for the convenience of reference only and shall not be construed to be interpretations of the text of this Contract. 19.THIRD-PARTY BENEFICIARIES. This Contract is not intended to and does not create rights, remedies, or benefits of any kind whatsoever in favor of any persons, corporations, associations, or entities other than the Parties herein, and the obligations herein assumed are solely for the use and benefit of the Parties, their successors in interest and, where permitted, their assigns. 20.NOTICES. Unless otherwise provided in this Contract, any written notice, demand, or request required or authorized in connection with this Contract shall be deemed Moses Lake Council Packet 4-11-23, Page 57 of 79 properly given if delivered in person, delivered by recognized national courier service, or sent by first class mail, postage prepaid, to the persons specified below: If to City of Moses Lake: If to Pacific Security: Allison Williams Name 401 S Balsam St. Address Moses Lake, WA 98837 Either Party may change this information by giving five (5) Business Days written notice prior to the effective date of the change. IN WITNESS WHEREOF, the Parties hereto have signed their names the day, month and year first written above. CITY OF Moses Lake PACIFIC SECURITY __________________________________ __________________________________ Allison Williams, City Manager Moses Lake Council Packet 4-11-23, Page 58 of 79 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 Allison Williams, City Manager 10318 Madeline Prentice, Director Finance 4/11/2023 New Business Business License Code Update Ordinance City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Staff recommends Council consider the adoption of the ordinance amending MLMC Title 5 as presented. ORDINANCE XXXX, 2023-04-11, TITLE 5 REVISED.docx 26.15KB City departments have been working together to update business licensing codes to reflect the administrative transitions that have taken place over the past few years. The administration of business licensing is primarily performed in the Finance Department. Updating the code to reflect current operations for application review, issuance, and enforcement will help clearly define the process and shift responsibility to the appropriate staff while providing clarity to the licensing process for applicants. As of August 2022, background checks are no longer required as part of the application process for Mobile Food Vendors. Revisions to 5.02.010 and 5.2.020 will remove Mobile Food Vendors from the current code language and support the changes adopted in 2022. WCIA has advised that it is unnecessary to require commercial liability insurance when licensing Mobile Food Vendors, Street Food Vendors or Temporary Location Businesses when they are operating on private property. Commercial liability insurance will still be required to operate these businesses on City property as part of the Special Event requirements outlined in MLMC 5.12.130. None Options and Results Moses Lake Council Packet 4-11-23, Page 59 of 79 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Implement these changes upon the effective date of the ordinance. Staff will bring back options for recommended changes. Continue processing in the current manner. Moses Lake Council Packet 4-11-23, Page 60 of 79 ORDINANCE 3022 AN ORDINANCE AMENDING THE MOSES LAKE MUNICIPAL CODE TITLE 5 BUSINESS LICENSES AND REGULATIONS. Recitals: 1.It is unnecessary to require commercial liability insurance when licensing Mobile Food Vendors, Street Food Vendors, or Temporary Location Businesses when they are operating on private property. 2.Administration of business licensing is now performed in the Finance Department; and, 3.Update codes to reflect current operations for business license application review, issuance, and enforcement. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Moses Lake Municipal Code Section 5.02.010 titled “Regulatory License-Background Checks” is amended as follows: 5.02.010 Regulatory License – Background Checks: The purpose of this chapter is to review all applicants engaged in the following: solicitors, mobile food vendors, pawnbrokers, secondhand dealers, and taxi drivers; to determine the genuineness of all credentials and documents presented by the applicant; and to determine if the applicant meets the fitness requirements set forth in Section 5.02.020. Section 2. Moses Lake Municipal Code Section 5.02.020 titled “Regulatory License – Review of Applicants” is amended as follows: 5.02.020 Regulatory License – Review of Applicants: A. Pursuant to RCW 35.21.920, the Chief of Police (or designee) shall cause to have performed a state and background check. B. An applicant, or employee seeking to engage in the occupations of solicitors, mobile food vendors, pawnbrokers, secondhand dealers, or taxi drivers, shall submit fingerprints to the City Moses Lake Council Packet 4-11-23, Page 61 of 79 of Moses Lake, which will submit to the Washington State Patrol and the Federal Bureau of Investigation. C. Upon receipt of the fingerprints and the appropriate fees, the Washington State Patrol will compare the subject’s fingerprints against its criminal database and submit the fingerprints to the Federal Bureau of Investigation for a comparison with records. The results of the Washington State Patrol and Federal Bureau of Investigation’s check will be returned to the Moses Lake Police Department. D. In rendering a fitness determination, the Moses Lake Police Department will decide whether the record subject has been convicted of, or is under pending indictment for, a crime which bears upon his/her ability or fitness to serve in that capacity. Any prior conviction of a felony may be considered, along with other factors, in determining whether a regulatory license should be issued. However, conviction of a felony shall not be the sole reason for denying a license unless such conviction was within the past ten (10) years and directly relates to the specific occupation, trade, vocation, or business for which the application is made. The presence of any outstanding warrant for the applicant, regardless of jurisdiction or severity of offense, is cause for denial of a license under this section. E. Should the record subject seek to receive a copy of, amend, or correct his/her record, he/she must contact the Washington State Patrol for a Washington State record or the Federal Bureau of Investigation for records from other jurisdictions maintained in its file. Section 3. Moses Lake Municipal Code Section 5.06.045 titled “Application Requirements” is amended as follows: 5.06.045 Application Requirements: The application shall be submitted at least fourteen (14) days before the proposed start of business, and shall include the following: A. Application form; B. Application fee per Section 5.06.080; C. Written permission of the owner of the property where the business is proposed to be located and/or authorization to utilize garbage service provided by the service location; Moses Lake Council Packet 4-11-23, Page 62 of 79 D. Site plan showing the proposed location of the business, including existing buildings, parking, and any proposed structures, vehicles, tents, etc.; E. Proof of insurance coverage, per Section 5.06.047. Section 4. Moses Lake Municipal Code Section 5.06.047 titled “Insurance” is repealed: 5.06.047 Insurance: The licensee shall obtain and maintain public liability and property damage insurance in the amount of two million dollars ($2,000,000) which shall remain in full force and effect during the duration of the license. The insurance policy shall name the City as an additional named insured and the policy shall not be canceled or reduced without prior written notice to the City at least thirty (30) days in advance of the cancellation. Proof of insurance shall be provided as a condition of issuance of the license. Section 5. Moses Lake Municipal Code Section 5.06.060 titled “Location Change” is amended as follows: 5.06.060 Location Change: If an existing licensee desires to change the location of the business, trade, or profession from the location designated on the business license, application must be made to the Finance Director at least fourteen (14) days prior to the change in location and the Finance Director shall, prior to the issuance of a new business license, submit the application therefor to the Fire Chief Department and the Building OfficialCommunity Development Department of the City for approval of the new location where the licensee is to carry on the business, trade, or profession, and the business license shall be issued only if the location is in compliance with building and fire codes of the City as those codes relate to existing and/or new structures. There shall be no additional business license fee assessed an existing licensee for a change of his location, and the new business license issued shall carry the same expiration date. Section 7. Moses Lake Municipal Code Section 5.06.120 titled “Revocation or Denial of License” is amended as follows: 5.06.120 Revocation or Denial of License: Any license pursuant to this chapter may be revoked or denied, in writing, by the Community Development Finance Director for any of the following causes: Moses Lake Council Packet 4-11-23, Page 63 of 79 A. Any fraud, misrepresentation, or false statement contained in the application for license. B. Any fraud, misrepresentation, or false statement made in connection with the selling of products. C. Any violation of this chapter. D. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude. E. Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. F. Any violation with building or fire codes of the City. Section 7. Moses Lake Municipal Code Section 5.06.130 titled “Duty of Building Official to Enforce” is amended as follows: 5.06.130 Duty of Building OfficialFinance Department to Enforce: It shall be the duty of the Building OfficialFinance Department of the City of Moses Lake and his designee to examine all places of business and persons subject to the provisions of this chapter, to determine if this chapter has been complied with and to enforce the provisions of this chapter against any person found to be violating the same. Section 8. Moses Lake Municipal Code Section 5.07.040 titled “Application” is amended as follows: 5.07.040 Application: Any person, firm, or corporation desiring to secure a license as a mobile or street vendor shall make application to the City, on forms to be provided by the City, at least fourteen (14) days before the requested start date of the business. Such application shall provide: A. The name or names and address of the applicant, vehicle license numbers of all vehicles or a description of the conveyance from which the applicant proposes to conduct business; description of the general type of food proposed to be sold by the applicant. B. Each application shall be accompanied with the license fee as provided for in this chapter. C. Each license application for a mobile or street vendor shall be accompanied with the following information to establish compliance with this chapter and other applicable codes: 1. A statement explaining the method of trash and litter disposal being proposed by the vendor and/or signed agreement from the property owner to utilize their garbage. 2. Washington State tax number. Moses Lake Council Packet 4-11-23, Page 64 of 79 3. Proof of general liability and/or vehicle liability insurance coverage, per Section 5.07.045. 4. Site plan of where unit will be located (if applicable), as it pertains to existing buildings, parking and exits, will be provided for each operating location within City limits. 5. Food handler’s permit (if applicable). 6. Written authorization from the property owner to conduct business on their property (if applicable) for each operating location. Section 9. Moses Lake Municipal Code Section 5.07.045 will be repealed: 5.07.045 Insurance: The licensee shall obtain and maintain public liability and property damage insurance in the amount of two million dollars ($2,000,000) which shall remain in full force and effect during the duration of the license. The insurance policy shall name the City as an additional named insured and the policy shall not be canceled or reduced without prior written notice to the City at least thirty (30) days in advance of the cancellation. Proof of insurance shall be provided as a condition of issuance of the license. Section 10. Moses Lake Municipal Code Section 5.07.050 titled “Investigation and Determination” will be amended as follows: 5.07.050 Investigation and Determination: Upon receipt of such application, the Community Development Director Finance Department shall cause such investigation of such person’s or persons’ business responsibility to be made as is deemed necessary for the protection of the public good and shall refer the application to the Community Development Department all City departments for itstheir determination as to compliance with standards and requirements of this chapter. An application shall be denied by the Community Development Director Finance Department upon written findings that the applicant’s business responsibility is unsatisfactory or that the proposed business activity will violate any applicable law, rule, or regulation. Any license issued under this chapter shall contain the number on the license, the date same was issued, the nature of the business authorized to be carried on, the amount of license fee paid, the expiration date of said license, and the name or names of the person or persons authorized to carry on the same. The Community Development Finance Department shall keep a record of all licenses issued under this chapter and shall promptly provide the Washington State Department of Revenue a recordcopy of any license issued under this chapter. Moses Lake Council Packet 4-11-23, Page 65 of 79 Section 11. Moses Lake Municipal Code Section 5.07.100 titled “Revocation or Denial of License” shall be amended as follows: 5.07.100 Revocation or Denial of License: Any license pursuant to this chapter may be revoked or denied, in writing, by the Community Development Finance Director for any of the following causes: A. Any fraud, misrepresentation, or false statement contained in the application for license. B.Any fraud, misrepresentation, or false statement made in connection with the selling of products. C. Any violation of this chapter. D. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.Any violation with building or fire codes of the City. E. Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. Section 12. Moses Lake Municipal Code Section 5.07.130 titled “Duty of Building Official to Enforce” shall be amended as follows: 5.07.130 Duty of Building OfficialFinance Department to Enforce: It shall be the duty of the Building Official Finance Department of the City of Moses Lake and his designee to examine all places of business and persons subject to the provisions of this chapter to determine if this chapter has been complied with and to enforce the provisions of this chapter against any person found to be violating the same. Section 13. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on April 11, 2023. _____________________________________ Don Myers, Mayor ATTEST: Moses Lake Council Packet 4-11-23, Page 66 of 79 _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Skaug Vote: Date Published: April 17, 2023 Date Effective: April 22, 2023 Moses Lake Council Packet 4-11-23, Page 67 of 79 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 10320 Richard Law Municipal Services 4/11/2023 New Business Water Conservation Measures Ordinance and Resolution City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Staff recommends Council consider the adoption of the ordinance and resolution as presented. 23-03-17 MOSES LAKE PURVEYOR PROFILE.pdf 1.21MB August 2022 Consumption.docx 22.16KB December 2022 Consumption.docx 21.71KB RESOLUTION - FEE SCHEDULE AMENDMENT_13.07.060.docx 15.62KB DRAFT ORDINANCE Title 13.docx 26.72KB Moses Lake Council Packet 4-11-23, Page 68 of 79 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: As stated in the City of Moses Lake Water Purveyor Profile, “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 that need to be updated to meet Council goals.” In August 2022, 457 million gallons of potable water was consumed by utility customers; approximately 240 million gallons for irrigation. The Water Resources Committee would like to propose the following code revisions in an effort to enhance the existing water conservation measures and help protect one of the region’s most invaluable resources, our water. Chapter 13.07.010 Water Conservation, Restrictions, and Rationing ·Extend the current conservation requirements to be year-round. ·Switch from odd/even calendar days to designated days of the week, allowing all customers three days per week to irrigate. ·Prohibit irrigating on Mondays to reduce burden on the system. -Monday demand during peak operations 15,500 – 16,000 gpm -Daily demand during peak operations 14,000 -14,500 gpm ·Restricting irrigation use during heat of the day, 10:00 a.m. to 7:00 p.m. ·Restricting irrigation use during/following a measurable weather event. ·Specific Water Restriction/Rationing will be defined as needed. Chapter 13.07.060 Water Use ·Require immediate attention to water leaks to reduce unnecessary water loss. ·Require use of water saving devices such as a hose nozzle when using potable water to wash vehicles, or outdoor hardscape features, such as sidewalks, driveways, decks, and patios to conserve water. There is a cost associated with dispatching staff to turn the water meter off and on if the leak is not repaired or stopped within 72 hours. The proposed Fee Schedule Resolution ensures the City is not gifting services and is recouping the expense to provide the service. Options and Results Implement these changes upon the effective date of the ordinance and resolution. Staff will bring back options for recommended changes. Continue processing in the current manner. Moses Lake Council Packet 4-11-23, Page 69 of 79 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 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 4-11-23, Page 70 of 79 Residential 51%Duplex 2% Multi-Family 6% Commercial 10% Industrial 8% Irrigation 9% Churches >1% Government 14% August 2022 Water Use by User Class Residential (234 MG) Duplex (8 MG) Multi-Family (27 MG) Commercial (46 MG) Industrial (36 MG) Irrigation (43 MG) Church (2 MG) Government (61 MG) August 2022 Consumption % Water Use by User Class User Class # Accounts Billed Cubic Feet Gallons MG 51% Residential (234 MG) 7,800 31,333,500 234,374,580 234 2% Duplex (8 MG) 231 1,149,600 8,599,008 8 6% Multi-Family (27 MG) 239 3,577,700 26,761,196 27 10% Commercial (46 MG) 938 6,124,200 45,809,016 46 8% Industrial (36 MG) 19 4,775,200 35,718,496 36 9% Irrigation (43 MG) 269 5,709,700 42,708,556 43 1% Church (2 MG) 38 265,700 1,987,436 2 14% Government (61 MG) 171 8,224,500 61,519,260 61 Total Consumption 61,160,100 457,477,548 457 Moses Lake Council Packet 4-11-23, Page 71 of 79 December 2022 Consumption % Water Use by User Class User Class # Accounts Billed Cubic Feet Gallons MG 36% Residential (37 MG) 7,781 4,930,300 36,878,644 37 2% Duplex (2 MG) 232 272,200 2,036,056 2 15% Multi-Family (16 MG) 239 2,084,300 15,590,564 16 19% Commercial (20 MG) 924 2,684,500 20,080,060 20 18% Industrial (18 MG) 19 2,464,700 18,435,956 18 >1%Irrigation (0.60 MG) 103 87,600 655,248 1 1%Church (0.40 MG) 38 48,900 365,772 0 9%Government (9 MG) 152 1,213,400 9,076,232 9 Total Consumption 13,785,900 103,118,532 103 Residential 36% Duplex 2% Multi-Family 15% Commercial 19% Industrial 18% Irrigation >1% Churches >1%Government 9% December 2022 Water Use by User Class Residential (37 MG) Duplex (2 MG) Multi-Family (16 MG) Commercial (20 MG) Industrial (18 MG) Irrigation (0.60 MG) Church (0.40 MG) Government (9 MG) Moses Lake Council Packet 4-11-23, Page 72 of 79 RESOLUTION 3937 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON AMENDING THE CITY OF MOSES LAKE 2023 FEE SCHEDULE Recitals: 1. In connection with the municipal functions and operations of the City of Moses Lake, the City requires certain fees; and 2. It is appropriate to review such fees and adjust appropriately to reflect current costs; and 3. In keeping with the policy of setting City fees in amounts reflective of actual costs, it is appropriate at this time to revise certain fees to compensate the City for costs associated with various City functions and facilities. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE: Section 1. The following items will be added to the 2023 Fee Schedule: Utility Administrative Disconnection of Water for non-compliance with MLMC 13.07.060A to repair/stop water leak. $65.00 Utility Administrative Reconnection of Water for non-compliance with MLMC 13.07.060A to repair/stop water leak. $65.00 Section 2. Severability. If any sections, sentence, clause, or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance. ADOPTED by the City Council on April 11, 2023. ________________________________________ Don Myers, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 4-11-23, Page 73 of 79 ORDINANCE 3023 AN ORDINANCE AMENDING THE MOSES LAKE MUNICIPAL CODE TITLE 13 WATER, SEWERS, AND PUBLIC UTLITIES. Recitals: 1.The City of Moses Lake continues to see declining water levels in most of the City’s wells as a result of the declining aquifer resulting in a decreased ability to provide water to the community; and, 2.The need for water conservation is critical; and, 3.Restrictions on use of potable water for landscape irrigation are necessary in order to conserve water resources. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Moses Lake Municipal Code Section 13.01.040 titled “Definitions” is amended as follows: 13.01.040 Definitions: The following terms, when used in this Title, shall have the following meaning: A. “Construction Site Operator” shall mean a person, firm, corporation, subdivider, developer, contractor, property owner, or any agent of a property owner who causes construction activity. B. “Impervious Groundcover” shall mean a surface that is covered with material that is resistant to infiltration of water including conventionally surfaced streets, roofs, sidewalks, concrete flatwork, driveways, parking lots and other oiled, graveled, graded or compacted surface that impedes the natural infiltration of surface water. C. “Moses Lake” shall mean the body of water named Moses Lake along with all associated ponds, wetlands and tributaries, and the waters of the state, unless the usage of the phrase is clearly tied to the Moses Lake City Council, the City of Moses Lake, the Moses Lake Municipal Code, or the Port of Moses Lake. D. “Non-residential Property” shall mean all properties that are billed as commercial accounts per Chapter 13.12. E. “Non-Stormwater” shall mean discharge to a stormwater system that is not composed entirely of stormwater. Moses Lake Council Packet 4-11-23, Page 74 of 79 F. “Potential Discharge to Moses Lake” shall mean stormwater that might discharge from the property into Moses Lake or the City’s stormwater system that discharges to Moses Lake; and includes areas where debris is tracked out into the right-of-way and might enter Moses Lake or the City’s stormwater system that discharges to Moses Lake. G. “Property Owner” shall mean the property owner of record according to the Grant County Assessor’s Office and includes all part owners, joint owners, tenants in common, joint tenants, and tenants by the entirety, of the whole, or a part of such building or land. H. “Residential Property” shall mean all properties that are billed as residential accounts per Chapter 13.12. I. “Stormwater Fee” shall mean the service charge established under Title 13 of the Municipal Code for parcels of real property to fund the costs of stormwater management and for operating, maintaining and improving the City’s stormwater system. J. “Stormwater System” shall mean all the pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, biofiltration swales, outfalls, underground injection wells, and other items for conveying, treating, or containing stormwater and non-stormwater. K. “Stormwater Utility” shall mean the stormwater utility, created by Chapter 13.03 of the Moses Lake Municipal Code. L. “Undeveloped Property” shall mean property that is unaltered by the actions, construction, or addition to such property by man, or addition to such property by man of impervious groundcover, or physical manmade improvements, or conditions of any kind that change the hydrology of the property or its soil from its natural state, so long as stormwater runoff from said property causes no detriment to the City’s stormwater system. M. “Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by the Washington State Department of Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other impacts to waters of Washington State. (Refer to the Stormwater Management Manual for Eastern Washington for additional information on BMPs.) Section 2. Moses Lake Municipal Code Section 13.02.020 titled “Illicit Discharges” is amended as follows: 13.02.020 Illicit Discharges: No person shall discharge or cause to be discharged to the City’s stormwater system any illicit discharge including the following: A. Trash or debris. B. Grass clippings, leaves, or other yard wastes. Moses Lake Council Packet 4-11-23, Page 75 of 79 C. Construction material including cement, silt, sediment, gravel, concrete, or soil. D. Petroleum products including oil, gasoline, grease, fuel oil, or heating oil. E. Antifreeze or other automotive products. F. Metal in excess of naturally occurring amounts in either particulate or dissolved forms. G. Sewage H. Food waste. I. Flammable or explosive material. J. Chemicals not normally found in uncontaminated water. K. Acids or alkalis with a pH of lower than 6.0 or higher than 11. L. Paint, stains, resins, lacquers, dyes, or varnishes. M. Degreasers, detergents, drain cleaners, or solvents. N. Commercial and household cleaning products. O. Pesticides, herbicides, fertilizers, or soil amendments. P. Steam-cleaning, or pressure-washer wastes. Q. Soaps, or ammonia. R. Industrial waste water. S. Animal fecal or processing matter. T. Swimming pool cleaning wastewater and filter backwash. U. Process associated discharge except as allowed in this chapter. V. Other Hazardous wastes that are not defined above.Street and sidewalk flushing. W. Other Hazardous wastes that are not defined above. Section 3. Moses Lake Municipal Code Section 13.02.040 titled “Conditional Non- stormwater Discharges: is amended as follows: 13.02.040 Conditional Non-stormwater Discharges: Moses Lake Council Packet 4-11-23, Page 76 of 79 The following non-stormwater discharges to the City’s stormwater system are allowed provided that the non- stormwater discharge does not exceed the capacity of the City’s stormwater system. A. Non-stormwater discharge permitted under an NPDES permit issued by the Department of Ecology. B. Water from potable sources, including water main flushing, hyper-chlorinated water main flushing, fire hydrant system flushing, and water main hydrostatic test water provided that the water is dechlorinated to a concentration of 0.1 ppm or less, the pH is from 6 to 11, and the velocity is controlled to prevent resuspension of sediments. Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the stormwater system. C.Swimming pool discharges provided that the water is dechlorinated to a concentration of 0.1 ppm or less, the pH is from 6 to 11, and the velocity is controlled to prevent resuspension of sediments. De-chlorinated swimming pool discharges. These discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH- adjusted, if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the stormwater system. D.Street and sidewalk wash water from a potable supply, provided that debris from the streets and sidewalks is swept and removed prior to washing the streets. Non-stormwater discharges covered by another NPDES permit, provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the storm drain system. Section 4. Moses Lake Municipal Code Section 13.07.010 titled “Water Conservation, Restrictions, and Rationing” is amended as follows: 13.07.010 Water Conservation, Restrictions, and Rationing: A.Conservation. To designate the months of June, July, August, and September as mandatory months of water conservation. Addresses with odd numbers shall be allowed to irrigate and wash vehicles on odd- numbered calendar days. Addresses with even numbers will be allowed to irrigate and wash vehicles on even- numbered calendar days. Properties with irrigation meters that are two inches (2") and larger will be restricted to irrigate from midnight to 8:00 a.m. or on a schedule approved by the Municipal Services Director. All odd numbered addresses shall be allowed to irrigate on Wednesday, Friday, and Sunday. All even numbered addresses shall be allowed to irrigate on Tuesday, Thursday, and Saturday. All irrigating shall be prohibited between the hours of 10:00 a.m. through 7:00 p.m. All irrigating shall be prohibited on Mondays. The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall shall be prohibited. Measurable rainfall means all precipitation reported at The Grant County International Airport Moses Lake Council Packet 4-11-23, Page 77 of 79 greater than 0.01 inches during any 24-hour period as reported by The National Weather Service. New sod/turf may be irrigated irrespective of these provisions provided a New Sod/Turf Permit is first obtained from the City of Moses Lake Public Works allowing 14 days of unrestricted water use to irrigate new sod/turf. Only one sod/turf permit shall be permitted per address per calendar year, except when a change in property ownership occurs, allowing for potential re-permitting during the same year. After a written warning for the first offense, the second offense will incur a C-13 penalty as outlined in the Fee Schedule of pursuant to Chapter 1.08. A third offense will be subject to a C-7 penalty. B. Notice to Begin Water Restrictions. The Municipal Services Director will place a notice in the local newspaper and provide a public announcement on the City’s social media as well as to the radio stations that are in the area. The notice will state the requirements for individuals or organizations for irrigating and washing vehicles. Water restrictions will be effective immediately upon publication and broadcast. After a written warning for the first offense, the second offense will incur a C-13 penalty pursuant to Chapter 1.08. A third offense will be subject to a C-7 penalty. Further infractions will be subject to a C-4 penalty. C.Restrictions. Water restrictions may be necessary when the Municipal Services Director determines that the City water system is insufficient to meet the forecasted demand for any water distribution zone of the City water system. Addresses with odd numbers shall be allowed to irrigate and wash vehicles on odd-numbered calendar days. Addresses with even numbers will be allowed to irrigate and wash vehicles on even-numbered calendar days. Properties with irrigation meters that are two inches (2") and larger will be restricted to irrigate from midnight to 8:00 a.m. or on a schedule approved by the Municipal Services Director. After a warning for the first offense, the second offense will incur a C-13 penalty as outlined in the Fee Schedule of Chapter 1.08. A third offense will be subject to a C-7 penalty. Further infractions will be a C-4 penalty. DC.Rationing. Water rationing will be implemented during emergency conditions as determined by the City Manager and Municipal Services Director. ED. Notice to End Water Restrictions and Rationing. The Municipal Services Director will place a notice in the local newspaper and provide a public announcement on the City’s social media as well as to the radio stations that are in the area that states water rationing is no longer required. Section 5. Moses Lake Municipal Code Section 13.07.060 titled “Water Use” is amended as follows: 13.07.060 Water Use: A.Wasting water as a result of leaking pipes and using water for purposes other than what would be normally used to service the property is prohibited. Customers shall repair or stop all water leaks upon discovery or within 72 hours of notification by the City. If a water leak is not stopped or repaired within 72 hours, the meter will be shut off by the City to prevent wasting of water. The utility account will be assessed water leak disconnection and reconnection fees in accordance with the adopted fee schedule. Customers shall not use a hose that dispenses potable water to wash a motor vehicle except where the hose is fitted with a shut-off nozzle Moses Lake Council Packet 4-11-23, Page 78 of 79 or device attached to it that causes it to cease dispensing water immediately when not in use. Customers shall not wash down sidewalks, driveways, parking areas, tennis courts, or other paved areas without using a power washer or a hose with a shut-off nozzle. Washing any paved areas is only allowed to alleviate immediate safety or sanitation hazards. Water shall be collected and prevented from leaving the property and entering the municipal separate storm sewer system. The prohibition on wasting water shall be enforced by the Utility Service Supervisor Municipal Services Director or their designee pursuant to Chapter 1.20. B.No connection will be made to allow supplying water from one property to another property. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on April 11, 2023. _____________________________________ Don Myers, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Skaug Vote: Date Published: April 17, 2023 Date Effective: April 22, 2023 Moses Lake Council Packet 4-11-23, Page 79 of 79