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FINAL 2022 0412 Council Agenda PacketMoses Lake City Council Dean Hankins, Mayor | Don Myers, Deputy Mayor | Deanna Martinez, Council Member | Dustin Swartz, Council Member Mark Fancher, Council Member | David Eck, Council Member| Judy Madewell, Council Member REMOTE ACCESS OPTION and IN PERSON UPDATE Citizens can join this meeting remotely by calling the numbers listed at the bottom of the agenda or via internet at https://cityofml.zoom.us/j/81573286494. Persons requesting to address the Council from the remote option will need to complete the online speaker request form before 3 p.m. on the day of the meeting. Tuesday, April 12, 2022 Moses Lake Civic Center – 401 S. Balsam or remote access 6 p.m. – Closed Session, Labor Contracts RCW 42.30.140 (4)(a) 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 -Employee Promotion and New Hires pg 4 - Aspect Consulting Water Rights Change Orders Motion pg 14 - Letter of Support to Grant County Re: REC UGA pg 16 - Letters of Support to Port of Moses Lake and Grant County Re: Conservation District Public Hearing #1 Motion pg 18 Interim Wireless Regulations MLMC Ordinance 3002 Presented by Lee Creiglow, Interim Community Development Director Summary: Council to hear from public, review and consider adoption Moses Lake Council Packet 4-12-22, Page 1 of 257 April 12, 2022, City Council Meeting Page 2 _________________ Consent Agenda Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #2 pg 40 a.City Council Meeting Minutes Dated March 22 and 30, 2022 b.Claims and Payroll c.Purchasing Policy Amendment Resolution 3890 d.Sagecrest Phase 1-3 Water-Sewer Improvements Resolution 3893 e.Love’s Short Plat Resolution 3894 f.BMX Track Project Resolution 3895 g.Axon Body Cam Agreement Renewal h.Well 34 Development Change Order 1 Old Business #3 Motion #4 Motion pg 115 Municipal Airport Business Ordinance 3003 Presented by Dave Bren, Municipal Services Director Summary: Council to review and consider adoption pg 129 Municipal Airport Fuel System Purchase Presented by Dave Bren, Municipal Services Director Summary: Council to review and consider approval New Business #5 Motion #6 Motion #7 Motion pg 150 Hazardous Material Regional Response ILA Presented by Brett Bastian, Fire Chief Summary: Council to review and consider approval pg 172 Police Labor Contract Presented by Shannon Springer, Human Resources Director Summary: Council to review and consider approval pg 221 6479 Road 3 NE ETA Water and Sewer (Morales) Presented by Dave Bren, Municipal Services Director Summary: Council to review and consider approval Moses Lake Council Packet 4-12-22, Page 2 of 257 April 12, 2022, City Council Meeting Page 3 _________________ #8 pg 237 851 NE Easy Street ETA Water (Earl) Motion #9 Motion Presented by Dave Bren, Municipal Services Director Summary: Council to review and consider approval pg 252 - placeholder pages will be updated prior to meeting Advisory Council on Housing Appointments Presented by Lee Creiglow, Interim Community Development Director Summary: Council to review and consider approval Administrative Reports -Community Development Project List pg 255 -Permit Center Remodel Completion pg 257 Council Committee Reports Executive Session Potential Litigation pursuant to RCW 42.30.110(1)(i) Adjournment Next Regular Council Meeting is scheduled for April 24, 2022 Zoom Meeting – Audio Only Please click the link below to join the webinar: 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 NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 764-3703 as soon as possible so that arrangements may be made prior to the meeting time. Moses Lake Council Packet 4-12-22, Page 3 of 257 Page 1 of 2 STAFF REPORT To: Mayor and City Council From: Allison Williams, City Manager Date: April 7, 2022 Proceeding Type: City Manager’s Report Subject: Contract Change Order’s with Aspect and Report Legislative History: Financial Impact: •First Presentation: December 14, 2021 Budgeted Amount: •Second Presentation: April 12, 2022 Unbudgeted Amount: $46,500 •Action: Motion Total Cost: $46,500 Overview The City has been working to develop new sources in the shallow Moses Lake aquifer to build source redundancy as a hedge against long-term reliability issues in the deep Moses Lake aquifer that currently supplies the City. This strategy included confirmation of authority of long-standing City water right claims (appeal process now complete) and purchasing and transferring existing water rights in that aquifer for the City’s municipal use. City Council previously authorized purchases which are now proceeding through Ecology review and approval. The City continues to do this work with the leadership of Aspect Consulting. In December, an updated scope of work was approved by City Council and executed for $35,000. Some of those work items were pushed off (and will be discussed in Executive Session). As a result, Aspect has provided an updated scope of work utilizing the prior authority ($16,000 remaining) and City staff have additional water right investigations for this contract which would result in a change order of $7,000. Additionally, Aspect has presented a Scope of Work to assist in the MLIRD irrigation feasibility and water right investigation. This scope is $35,000. Finally, at their suggestion, an application letter was filed with the Department of Ecology requesting feasibility funding for an Aquifer Recharge project and Use of M & I water. This application is a $4,500 cost of their staff time. Dan Haller, with Aspect Consulting, will be available to talk about their work on behalf of the City. City staff continue to find their assistance and expertise invaluable to provide a plan for long term sustainability for the City’s water supply. Moses Lake Council Packet 4-12-22, Page 4 of 257 Page 2 of 2 Fiscal and Policy Implications The MLIRD MOU had not been anticipated for the 2022 budget and thus all funds requested would be a 2022 budget amendment for the Water Utility. Council Packet Attachment A. AFR Letter to Ecology Finance Committee Review 4/12/22 Legal Review Type of Document Title of Document Date Reviewed N/A Options Option Results • Authorize Change Orders Water right and MLIRD Feasibility Support continue • Provide staff with changes Staff would follow requested changes • Take no action Work would discontinue Action Requested Motion to authorize the Change Orders for additional Scope of Work with Aspect Consulting, Inc. Moses Lake Council Packet 4-12-22, Page 5 of 257 Moses Lake Civic Center · 401 S. Balsam Street · P.O. Drawer 1579 · Moses Lake, WA 98837 www.cityofml.com · 509-764-3701 April 4, 2022 Mr. Tom Tebb, Director of Office of Columbia River Department of Ecology 1250 West Alder Street Union Gap, WA 98903-0009 Re: City of Moses Lake – Aquifer Storage and Recovery (ASR) Feasibility Study Dear Mr. Tebb: The City of Moses Lake water system is reliant on water supply from the Wanapum and Grande Ronde basalt aquifers, which are experiencing significant declines in yields due to decreasing water levels. As such, the City is evaluating options for augmenting their groundwater supply using methods such as an Aquifer Storage and Recovery (ASR) program. Implementation of an ASR program may increase both the long-term reliability of the City’s water system infrastructure and physical water supply availability. The City is requesting $190,000 in funding from the Department of Ecology Office of Columbia River (OCR) 2023 budget to perform an ASR feasibility study, which will evaluate three source alternatives, in addition to the technical, operational, environmental, legal, and cost considerations associated with implementing an ASR program. The City has structured this letter to include key elements of an EAGL grant application, in an effort to streamline the future grant application process if OCR agrees to fund the proposed project. Project Description The City of Moses Lake (City) is evaluating the implementation of an Aquifer Storage and Recovery (ASR) program to augment their water supply and meet future water demands. The City’s water system is reliant on water rights and water supply infrastructure which source water from the Wanapum and Grande Ronde basalt aquifers, which are experiencing significant declines in yields due to decreasing water levels from overuse. Through both testing and implementation, ASR has been demonstrated to be feasible and beneficial in similar hydrogeologic settings for municipal water systems, including the Cities of Othello, Walla Walla, Kennewick, and White Salmon. By implementing an ASR program, the City may have the ability to access new and underutilized water supply sources, such as the shallow gravel aquifer, Moses Lake Irrigation and Rehabilitation District surface water (Moses Lake water), and Municipal and Industrial (M&I) water from the Columbia Basin Project (Project water). These water supply sources have generally high physical availability during certain times of the year, but cannot be effectively operated to provide direct supply to the City; however, when coupled with an ASR program to increase groundwater storage, these sources can provide significant additional supply to the deep aquifers already tapped by the City.. An ASR program may allow the City to have a more reliable water supply source and extend the life of their existing water supply infrastructure. Moses Lake Council Packet 4-12-22, Page 6 of 257 Page 2 of 8 The City is proposing to complete an ASR feasibility study as a first step in evaluating the efficacy of implementing a full-scale ASR program and to address information requirements for future permitting. The proposed grant-funded scope of work would be divided into seven tasks to evaluate three potential sources of ASR recharge water and the anticipated performance of an ASR program. Proposed tasks will evaluate the technical, operational, environmental, legal, and cost considerations associated with implementing an ASR program. If, based on these studies, the Washington State Department of Ecology (Ecology) and the City determine that the project is feasible, pilot testing and permitting of the ASR system and, depending on source water quality, an All Known, Available, and Reasonable methods of prevention, control and Treatment (AKART) study to comply with groundwater quality standards would be completed as a separate scope of work. Background and Project Need The City’s water system currently serves a population of approximately 22,000 people. Its water right portfolio primary consists of authorizations for withdrawals from the Wanapum and Grande Ronde basalt aquifers (total of 13,104 acre-ft per year). As such, 17 of the total 18 wells supplying the City’s water system are installed within those aquifers. Basalt Aquifer Declines Impacts from pumping within the Wanapum and Grande Ronde basalt aquifers in proximity to the City is far greater than the natural recharge to the aquifers, thereby causing significant groundwater declines. Several documents produced by the City and others, including Ecology, have documented that the decline in basalt aquifer groundwater levels is a legitimate concern for the longevity and reliability of the City’s water system: WSU Columbia River Basin Long-Term Water Supply and Demand Forecast (DRAFT 2021): The Wanapum basalt aquifer within the Quincy Subarea has a high vulnerability related to groundwater declines, with a 50% decrease in aquifer saturated thickness expected within a 50-year period. Columbia Basin Ground Water Management Area (GWMA) Groundwater Supply Review for the City and OCR (2012): The GWMA groundwater model predicts that water level declines in the Wanapum and Grande Ronde basalt aquifers will continue under current groundwater management conditions, and that there is a strong potential for future unavailability of basalt aquifer water supply during high-use periods. Additionally, the report evaluates future water demand and growth predictions for the City as compared to water availability, and predicts by 2030, significant water supply shortfalls could be expected to occur. In reference to the water supply shortfalls, GWMA identified ASR as a possible water supply strategy for increasing water supply reliability within the City’s water system. City of Moses Lake Department of Health (DOH) Water System Plans: The City has consistently recorded and documented water levels from their production wells and reported the data in their DOH Water System Plans. The recorded water level data indicates an average groundwater decline in individual wells of up to 19 feet per year over the last 10 years, with rates of decline generally increasing more rapidly in recent years. Overview of Source Water Alternatives for ASR In addition to water rights for the basalt aquifer system, the City holds water rights authorizing withdrawals from the shallower gravel aquifer system (total of 1,600 acre-feet per year) and is working towards acquiring additional water right authorizations as the gravel aquifer does not generally demonstrate declining water levels. Currently, the City water system includes only one gravel aquifer well; however, the City has begun planning for efforts related to the significant task of increasing the Moses Lake Council Packet 4-12-22, Page 7 of 257 Page 3 of 8 source capacity within the shallow aquifer, such as assessing areas for potential new wells and working with DOH and EPA to gain approval for adding existing shallow wells to the water system. The GWMA study (2012) evaluated the potential for the shallow gravel aquifer source to replace the basalt aquifer sources for the City’s water system, but concluded a full replacement to be infeasible. The study noted that portions of the gravel aquifer system underlying the City are physically incapable of meeting the production targets without a large investment in a dispersed well field covering dozens of square miles and, assuming production targets could be met by the shallow aquifer systems, treatment would likely be needed given the known water quality conditions in many portions of this aquifer system. Additionally, transition to a fully shallow aquifer water supply would require significant monetary investment related to replacement of existing infrastructure and purchase of additional water rights. The City also has access to surface water via Moses Lake, accessible via a water right held by the Moses Lake Irrigation and Rehabilitation District (MLIRD), and due to the City’s proximity to Project infrastructure, the City also has the ability to apply for canal water via municipal and industrial (M&I) water service contracts, which are issued by Reclamation and water distribution managed by the East Columbia Basin Irrigation District; however, use of these sources by the City has been limited to due the seasonal nature of the water availability. Use of these sources for ASR may extend the availability to year-round. Water Supply Demands The City and Grant County Comprehensive Plans both estimate an annual population growth of 3.0% for their 20-year planning periods. While the City’s wells currently have adequate capacity to meet existing demands, according to the City’s 2015 Water System Plan (WSP), the City is expecting a total increase in water demand between 2020 and 2034 of approximately 6,000 acre-feet (not including planned efficiency savings), or 4,000 acre-feet (including efficiency savings). The projected 2034 water supply demands are within the City’s authorized water right quantities but exceeds existing source capacity due to declines in aquifer water levels. For instance, the 2015 WSP identifies multiple pressure zones within the water system that have a current source capacity deficit of 1,850 gpm related to 2034 demands. The existing City water supply configuration would limit potential future residential, commercial, and industrial growth. Previous Studies The proposed ASR feasibility study will incorporate previous water quality and hydrogeological studies performed by the USGS and Ecology within the Moses Lake area, including the existing USGS Quincy Basin groundwater model and report (2018). The 2018 USGS model was developed primarily to quantify the artificially stored groundwater within the shallow management units related to recharge from Columbia Basin Project water use. The resolution of this existing model is appropriate for a feasibility-level evaluation and provides the best use of existing resources, particularly since the model was designed with the intent to quantify the effect of recharge Overall Goal The overall project goal is to address key items in evaluating the feasibility of implementing an ASR program. Those key items include: ▪ Evaluating water quality, hydrogeologic setting, and water availability (legal and physical) for source alternatives and the basalt aquifers; ▪ Addressing the legal considerations for implementing ASR, and; Moses Lake Council Packet 4-12-22, Page 8 of 257 Page 4 of 8 ▪ Developing a cost/benefit assessment. The long term goal of the City implementing an ASR program is to increase the City’s water supply reliability in a way that will meet statutory requirements for physical and legal water availability, beneficial use, public interest, and lack of impairment to existing water rights. Location Ecology Region: Eastern County: Grant Congressional District: District 04 Legislative District: District 13 WRIA: 41 – Lower Crab Approach Following Ecology guidance for Managed Aquifer Recharge projects and the ASR information requirements of Chapter 173-157 WAC, the feasibility study will: (1) address water quality of ASR source water, groundwater, and their comingling; (2) further characterize the groundwater system; (3) identify potential impacts to stakeholders and the environment; and (4) evaluate regulatory requirements. The feasibility study will also include a cost/benefit analysis. The City intends to work collaboratively with Ecology and the Groundwater Storage Subcommittee throughout the project. The results of these efforts will be summarized in a feasibility study report for agency review. Task 1. Source Alternative Assessment Task 1 will include the following subtasks for assessing each of the three source alternatives; shallow aquifer wells, Moses Lake water, or Project water. Data Assembly: Assemble and review available and relevant documentation from the City, DOH, Ecology, and other published sources, and identify any data gaps (to be addressed under a separate scope of work). It is expected that existing data is available to complete the proposed feasibility level effort. Evaluate Water availability: Review documentation assembled under the previous subtask related to the proposed source water, and City infrastructure. Gain an understanding of legal and physical availability of the proposed source water alternative(s) for use in an ASR program. Cost related to water use authorization and infrastructure development will also be considered. Evaluate Water quality: Using data synthesized in the preceding subtask, source water quality will be compared to numerical groundwater quality standards and, for compliance with the antidegradation standard, to ambient groundwater quality conditions of the basalt aquifers. Screening-level thermodynamic geochemical modeling will be conducted for each source to determine compatibility with native groundwater during storage. Preliminary treatment approaches to address compliance with applicable water quality criteria will be assessed and would form the basis for a subsequent AKART analysis, if needed, to comply with the groundwater quality and antidegradation standards. Engagement with stakeholders: Prepare a presentation to key stakeholders including Reclamation and East Columbia Basin Irrigation District (related to use of Project water), MLIRD (related to use of Lake water), and the Groundwater Storage Subcommittee. Moses Lake Council Packet 4-12-22, Page 9 of 257 Page 5 of 8 Source alternatives screening: The three ASR source alternatives will be compared based on water quality, regulatory, and physical limitations, as well as screening-level cost estimates. This screening effort is expected to result in a feasibility matrix which will provide a mechanism for identifying sources that may initially disqualify from further consideration. Deliverables: ▪ Feasibility matrix for source alternatives ▪ Presentation materials (e.g., slide deck) to be presented to the Groundwater Storage Subcommittee ▪ Task 1 methods and findings will be documented in the Task 5 feasibility study report Task 2. Hydrogeologic Evaluation Task 2 will include the following subtasks for characterizing the hydrogeologic conditions associated with the Wanapum and/or Grande Ronde aquifers targeted for storage (storage aquifers) and the shallow aquifer considered as a potential source water for recharge. Data Assembly: Assemble and review relevant and available documentation from Ecology, USGS and other published sources such as well logs, well testing data, water level data and geologic maps, and identify any data gaps (to be addressed under a separate scope of work). It is expected that existing data is available to complete the proposed feasibility level effort. Conceptual Model Development: Build upon previous hydrogeologic reports and previous ASR feasibility studies performed in similar geological settings. The conceptual model will define the lateral and vertical extent of the storage aquifers and estimate available storage volumes and durations in the storage aquifers based on hydraulic parameters and assessments of long-term and seasonal water levels. Numerical Modelling: Obtain and utilize the existing USGS 2018 Quincy Basin MODFLOW model to evaluate ASR operational scenarios for the preferred source alterative(s) identified under Task 1. Modelling results will be used to further understand storage durations in the storage aquifers, benefits to aquifer water levels and increase in municipal water supply. Deliverables: ▪ Presentation materials (cross-sections, model results summary figures, etc.) to be presented to agencies and stakeholders ▪ Task 2 methods and findings will be documented in the Task 5 feasibility study report Task 3. Environmental Assessment and Potential Impacts An assessment of potential impacts to the surrounding environment from ASR testing and operation will be developed. This assessment will build on the conceptual and numerical model developed in Task 2 and will address information requirements of chapter 173-157 WAC (ASR Rule) and SEPA review, if needed. The environmental assessment will consider local land use, sources of contaminants (from existing surveys), surface water bodies, and natural hazards (e.g., steep slopes) that could be affected by ASR operations. The potential for water level or water quality changes in the groundwater system resulting from ASR operations to impact these features will be identified and assessed based in the results of Moses Lake Council Packet 4-12-22, Page 10 of 257 Page 6 of 8 Task 2. Results of the Task 2 modeling efforts will be evaluated for potential effects of ASR on the nearby Moses Lake superfund site. Deliverables: ▪ Maps/figures depicting land use, existing contaminants, hazards, etc. ▪ Task 3 methods and findings will be documented in the Task 5 feasibility study report Task 4. Regulatory Framework and Water Right Permitting The City will identify a permitting pathway for the ASR program considering the preferred source alternative and results of the preceding tasks, which will address requirements of: ◦ Chapter 173-157 WAC; ◦ Chapter 173-200 WAC; ◦ Chapter 246-290 WAC (if applicable); ◦ Chapter 173-134A WAC; ◦ Chapter 173-124 WAC ◦ Source water appropriation; and ◦ Underground Injection Control Registration The information requirements for compliance with these regulations will be summarized against available data and ASR project design. Data gaps, potential compliance risks, and next steps will be summarized. Additional water right permits to support the project will likely include a reservoir permit authorizing recharge, storage, and recovery, and may include water rights related to sources. A recommended permitting strategy will be provided as a part of the feasibility study report, including an inventory of the City’s water rights as currently permitted, a description of legal water availability from the proposed sources, and recommendations for processing permit applications. Deliverables: • Permitting strategy memo Task 5. Reporting and Communications The City will describe the methods and results of the technical analyses of Tasks 1 through 4 in a feasibility study report. The report will be structured to provide as much information as possible to support the future issuance of an ASR reservoir permit. The results of the hydrogeological models (conceptual and numerical) will be presented in the context of municipal supply and regulatory considerations. This task also includes preparation and presentation of two slideshows to the Groundwater Storage Subcommittee during regularly scheduled meetings. The goal of this task is to assemble the technical analyses completed under Tasks 1 through 4 into a comprehensive feasibility study report intended to facilitate understanding of the potential ASR program by Ecology, City of Moses Lake administrators and technical staff, and other stakeholders. Deliverables: ▪ Feasibility study report ▪ Progress reports Moses Lake Council Packet 4-12-22, Page 11 of 257 Page 7 of 8 Task 6. Pilot Testing Plan If an ASR program is deemed feasible, this task will establish a pilot testing plan for the ASR program. The pilot testing plan is expected to include: ▪ Potential modifications needed to water system conveyance, routing, or operations to accommodate ASR testing and full-scale implementation; ▪ Water system operations during injection, storage, and recovery; ▪ Water source(s) and ASR well(s) for injection and recovery; ▪ Target flow rates and storage/recovery volumes, including criteria for ceasing recovery pumping; ▪ Hydraulic and water quality sampling and monitoring parameters, locations, and frequency; and ▪ Reporting requirements. The goal of this plan is to establish the ASR pilot testing process as a next step in establishing an ASR program for the City, and to support future funding requests. Actual pilot testing would occur under a separate scope of work. Deliverables: ▪ Pilot Test Plan Task 7. Project Administration/Management The City will administer the project and communicate with the Groundwater Storage Subcommittee and Ecology. Additional details on project management responsibilities are predefined in the EAGL contract language. The goal of this task is to have a properly managed project that meets the administrative and technical requirements of the agreement. Deliverables: ▪ Progress Reports ▪ Recipient Closeout Report Budget Task No. Task Title Task Cost 1 Source Alternative Assessment and Modeling $40,000 2 Hydrogeologic Evaluation and Modeling $45,000 3 Environmental Assessment and Potential Impacts $15,000 4 Regulatory Framework and Water Rights $10,000 5 Reporting and Communication $45,000 6 Pilot Testing Plan $20,000 7 Project Administration/Management $15,000 Total Costs $190,000 Moses Lake Council Packet 4-12-22, Page 12 of 257 Page 8 of 8 Conclusions The existing City water supply configuration would limit potential future residential, commercial, and industrial growth. An ASR program has the potential to increase the reliability and longevity of the City’s water supply system and allow for the continued use of our existing infrastructure. We would appreciate the opportunity to meet with you and discuss this proposal further. I can be reached at 509-764-3702 or via email awilliams@cityofml.com. Sincerely, Allison Williams City of Moses Lake Moses Lake Council Packet 4-12-22, Page 13 of 257 Moses Lake Civic Center · 401 S. Balsam Street · P.O. Drawer 1579 · Moses Lake, WA 98837 www.cityofml.com · 509-764-3701 April 12, 2022 Tyler Lawrence Interim Development Services Director Grant County 264 West Division Avenue Ephrata WA 98823 Dear Mr. Lawrence: As a part of Grant County’s 2022 Comprehensive Plan Update docket, REC has requested the inclusion of 163 acres into the City of Moses Lake’s Urban Growth Area. The request did not go through the City’s codified process of application, public and environmental review, staff analysis, Planning Commission evaluation, and City Council recommendation. Given the timing of the bird-in-hand industry and the State’s commitments and involvement, staff provided a memo of analysis to City Council on March 22, 2022, for their consideration of a legislative decision of support. This memo and the City Council action were forwarded to REC for their inclusion with their application, as specified in the County’s application process. The City Council’s decision to provide a letter of support was subject to any County approval being conditioned appropriately to protect the City ‘s interests; conditions which would have been developed and included with the City’s recommendation had it been given the opportunity to review REC’s request through the City’s application process. City staffs’ analysis was based upon the City’s rigorous overall Comprehensive Plan update adopted in November, 2021, which relied on the updated buildable lands analysis and State law guidance regarding the provision of land for industrial purposes and bird-in-hand opportunities. Because the City’s Comprehensive Plan update identified that its UGA is oversized and the City has taken action to remove areas from its UGA, the City is requesting that any approval by the County Commissioners of this application be conditioned in order to protect the City’s interests including the requirement of a Concomitant Agreement, Development Agreement, and a Pre-Annexation Agreement between all necessary parties, which would incorporate required benchmarks for development and adequate remedies for failure to meet those benchmarks. Specific concerns: • The SEPA checklist for REC’s application indicates the area contains Resource Lands – Ag, and historic structures may be impacted (ECBID). The City will look to the County for the appropriate level of environmental analysis and conclusion of the ability to mitigate. • The land is currently optioned by REC. Contingencies of approval would include: o Purchase is exercised by a date certain. o The timeline within which development would need to occur and funding to ensure the use is committed. Moses Lake Council Packet 4-12-22, Page 14 of 257 Page 2 of 2 o Determination and documentation by all utility and service providers of the capacity to serve within their respective concurrency requirements. o Agreement by all parties that failure of the applicant to meet these benchmarks would result in the County removing the 163 acres from the City’s UGA during the next docket cycle in order that the City’s land capacity is restored for allocation elsewhere. City staff have conferred with County Planning staff who have confirmed agreement with the parameters of the City’s letter of support; the City Council is requesting that any approval by the County Commissioners of the REC application be subject to and contingent upon the development of a Concomitant Agreement, Development Agreement, Pre-Annexation agreement, and commitment to remove the property should it fail to develop pursuant to those agreements. The City Council supports this opportunity to promote REC’s growth and to develop Grant County as an attractive place for these emerging technologies to locate in order to enhance our long-term economic growth; subject, however, to the City’s legal duty to protect the integrity and capacity of its UGA in order to accommodate the variety of growth pressures on the horizon. Thank you for your consideration. Sincerely, Allison Williams City Manager cc: Mayor and City Council Lee Creiglow, Interim Community Development Director Moses Lake Council Packet 4-12-22, Page 15 of 257 Moses Lake Civic Center · 401 S. Balsam Street · P.O. Drawer 1579 · Moses Lake, WA 98837 www.cityofml.com · 509-764-3701 March 30, 2022 The Honorable Patty Murray United States Senate 154 Russell Senate Office Building Washington, D.C. 20510 The Honorable Maria Cantwell United States Senate 511 Hart Senate Office Building Washington, D.C. 20510 The Honorable Dan Newhouse United States House of Representatives 504 Cannon House Office Building Washington, DC 20515 Dear Senators Murray and Cantwell and Representative Newhouse: I am writing on behalf of the City of Moses Lake to support two funding requests submitted by the Port of Moses Lake. The Port is seeking money to construct a new water main and access road to support the Port’s Westgate Development and to install a new sanitary sewer lift station to support the Port’s Southwest Hanger Development. The Port has a long history of attracting economic development to the region, having supported the growth of several industries, including aerospace, renewable energy, manufacturing and advanced technology. This funding will allow the Port to continue this important work, which will create jobs in Central Washington and further strengthen the economy. The Port is seeking to develop 130 acres associated with the Westgate Development, which is an existing 2600-acre industrial park located on Port property. While the Port has received inquiries from numerous companies, including a hotel developer, any new commercial or light industrial development will be unachievable without basic infrastructure improvements. The Port’s request for funding for a new water main and access road are critical to allowing the Port to ensure the highest and best use for this property can be realized. The Port is also developing a new hangar complex to respond to demand for this type of infrastructure. The Port has made significant investments to prepare this property but getting to a place where companies can locate at the Port and bring new jobs to the region requires additional investment – in particular, the Port must install a sanitary sewer lift to complete property improvements. The requested funding would follow on significant Port investment, including site prep and construction of a taxi lane. Unfortunately, the Port lacks the funds for sanitary sewer lift. These critical economic projects can be completed if the requested funds are granted and will allow the Port to fulfill their ambitious plans to recruit new business to Central Washington, create jobs, and strengthen the economy. I hope you will support these important funding requests. Sincerely, Allison Williams, City Manager Moses Lake Council Packet 4-12-22, Page 16 of 257 Moses Lake Civic Center · 401 S. Balsam Street · P.O. Drawer 1579 · Moses Lake, WA 98837 www.cityofml.com · 509-764-3701 April 5, 2022 Re: Letter of Support for Grant County Conservation District’s FY23 Community Project Funding Request to Improve Moses Lake’s Water Quality Dear Rep. Dan Newhouse, The City of Moses Lake is writing to express our strong support for Grant County Conservation District’s (GCCD) FY23 Community Project Funding Request to improve Moses Lake’s water quality. This project will result in on-the-ground benefits to improve Moses Lake’s water quality and to help educate and engage area residents and community groups on ways they can improve the lake’s water quality. Moses Lake’s water quality is critical to not only our community’s public health and safety but also our region’s economic vitality. We are confident in GCCD’s ability to implement sound and lasting solutions in collaboration with the greater Moses Lake Watershed Council that meet our shared vision for a clean lake, healthy community, and a strong economy. Thank you for your time and consideration. If you have any questions, please contact me at 509- 764-3702 or via email: awilliams@cityofml.com. Sincerely, Allison Williams City Manager Moses Lake Council Packet 4-12-22, Page 17 of 257 Page 1 of 3 STAFF REPORT To: Allison Williams, City Manager From: Lee Creiglow, Interim Community Development Director Date: April 6, 2022 Proceeding Type: Public Hearing Subject: Interim Controls Small Wireless Communications Facilities Ordinance- Extension Legislative History: •First Presentation: March 22, 2022 •Second Presentation: April 12, 2022 •Action: Motion Background Following the adoption of the City’s Comprehensive Plan in November 2021, the Moses Lake planning staff began the process of a complete overhaul of the City’s development regulations that will result in a Unified Development Code (UDC). The regulations that control small cell wireless communication facilities (WCF) will be incorporated into the UDC. The process to adopt the UDC will include a full public review, SEPA review, State Agency Review, and public hearings before the Planning Commission and City Council. In response to a September 2018, declaratory Ruling and Order adopted by the Federal Communication Commission (FCC) that substantially preempts the City's authority on the siting of small wireless communication facilities, (also known as "small cell facilities") Moses Lake City Council adopted Interim Controls permitting small cell facilities. This ruling affects small cell facilities in the public rights-of-way and private properties and went into effect in 2019.The ordinance, first adopted on August 11, 2020, set specific rules for small cell permitting. The Interim Controls ordinance was extended on July 27, 2021, for a six-month period. Moses Lake Council Packet 4-12-22, Page 18 of 257 Page 2 of 3 Overview City staff is requesting that City Council extend the Interim Controls of small cell wireless facilities for another six months so that the final regulations can be incorporated into the UDC as shown on the Work Plan. The Interim Ordinance adopts regulations regarding small wireless facilities and wireless communication eligible facilities requests in order to comply with federal law and Federal Communication Commission (FCC) declaratory rulings, enters findings in support of adopting interim regulations, establishes a work program for permanent regulations, and declares an emergency. Some impacts of the FCC Order related to small wireless facilities include a shortened period of time in which the City has to process franchise agreements and right-of-way use permits, limits on City permit applications fees, and limits on the City's ability to regulate design requirements. It is necessary to amend the City's regulations to comply with the FCC Order in these and other areas. Given that 5G deployment has reached Moses Lake, it was necessary to adopt interim regulations so the City can process applications in compliance with federal statutes and the FCC Order. The extension of the Interim Ordinance will be in effect for six months, pursuant to RCW 36.70A.390. In addition, State law requires the City Council to conduct a public hearing on this interim ordinance within 60 days of adoption. The interim ordinance was based on a model set of design standards and permitting procedures being used by a number of Washington cities. Fiscal and Policy Implications The City controls the installation of many of these facilities through leases. The leases are in need of updating to be in compliance with FCC regulations, including making sure our fees/leases are in line with their recommendations. In some cases, it may mean a reduction in lease revenue. Attachment A. Ordinance 3002 B. Work Plan Finance Committee Review N/A Legal Review The original Ordinance was provided by Legal. Moses Lake Council Packet 4-12-22, Page 19 of 257 Page 3 of 3 Options Option Results • Adopt as presented The City will be in compliance with FCC ruling. • Provide staff with changes Staff will incorporate changes as directed. The ordinance will come back to Council for approval. • Take no action City will be out of compliance with FCC ruling. Action Requested Hold public hearing. Adopt Ordinance 3002 as presented. Moses Lake Council Packet 4-12-22, Page 20 of 257 Page 1 of 18 ORDINANCE 3002 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, RELATING TO WIRELESS COMMUNICATION FACILITIES, ADOPTING INTERIM LAND USE REGULATIONS AND OFFICIAL CONTROLS PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390 FOR WIRELESS COMMUNICATION FACILITIES, DECLARING AN EMERGENCY, ADOPTING FINDINGS OF FACT, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1934, Congress enacted the Communications Act of 1934, creating the FCC and granting it authority over common carriers engaged in the provision of interstate or foreign communications services; and WHEREAS, in 1996 Congress enacted Pub. L. No. 104-104, 110 Stat. 70 (the “1996 Act”), amending the Communications Act of 1934 and implementing regulations applicable to both wireless and wireline communications facilities for the purpose of removal of barriers to entry into the telecommunications market while preserving local government zoning authority except where specifically limited under the 1996 Act; and WHEREAS, in the 1996 Act, Congress imposed substantive and procedural limitations on the traditional authority of state and local governments to regulate the location, construction, and modification of wireless facilities and incorporated those limitations into the Communications Act of 1934; and WHEREAS, in 2012 Congress passed the “Middle Class Tax Relief and Job Creation Act of 2012” (the “Spectrum Act”) (PL-112-96; codified at 47 U.S.C. § 1455(a)); and WHEREAS, Section 6409 (hereafter “Section 6409”) of the Spectrum Act implements additional substantive and procedural limitations upon state and local government authority to regulate modification of existing wireless antenna support structures and base stations; and WHEREAS, Congress through its enactment of Section 6409 of the Spectrum Act, has mandated that local governments approve, and cannot deny, an application requesting modification of an existing tower or base station if such modification does not substantially change the physical dimensions of such tower or base station; and WHEREAS, on October 21, 2014, the FCC issued its report and order, WT Docket Nos. 13-238, 13-32; WC Docket No. 11-59; FCC 14-153, in the above described proceeding (the “Report and Order” or “Order”) clarifying and implementing statutory requirements related to state and local government review of infrastructure siting, including Section 6409, with the intent of facilitating and expediting the deployment of equipment and infrastructure to meet the demand for wireless capacity; and WHEREAS, the Order, among other things, defines key terms utilized in Section 6409, establishes application requirements limiting the information that can be required from an applicant, implements a 60 shot clock and tolling provisions, establishes a deemed approved remedy for applications not timely responded to, requires cities to approve a project permit application requesting modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, and establishes development standards that govern such proposed modifications; and WHEREAS, the City Council finds that it is required under Section 6409 of the Spectrum Act and the Eligible Facility Request Rules established in the Order, to adopt and implement local development and zoning regulations that are consistent with Section 6409 and the Order; and WHEREAS, the FCC recently adopted the Declaratory Ruling, Order and Regulation 18-133, which imposes limitations on local municipalities including related to review processing timelines and aesthetic requirements for small cell facilities; and WHEREAS, the City Council finds that the proposed interim development and zoning regulations are Moses Lake Council Packet 4-12-22, Page 21 of 257 Page 2 of 18 reasonable and necessary in order bring the City’s development regulations into compliance with the mandate imposed upon the City by Congress pursuant to Section 6409 and the regulations imposed upon the City by the FCC pursuant to its Reports and Orders, and are therefore in the public interest; WHEREAS, Chapter 18.78 MLMC, Personal Wireless Service Facilities, currently governs the City’s regulation of wireless communication facilities; and WHEREAS, some of the existing city regulations for wireless communication facilities are more than fifteen years old and federal laws, regulations, court decisions, wireless technology and consumer usage have reshaped the environment within which Wireless Communications Facilities, are permitted and regulated; and WHEREAS, the potential conflict between the City’s existing land use review process for wireless communications facilities and the preemptive federal review requirements for wireless communications facilities create a time sensitive emergency requiring the adoption of an interim zoning ordinance; and WHEREAS, the City is authorized to impose interim land use controls for up to one (l) year if a work plan is developed for related studies providing for such longer periods pursuant to RCW 35A.63.220 and RCW 36.704.390; and WHEREAS, a public hearing on these interim regulations was held before ordinance adoption, pursuant to RCW 35A.63.220 and RCW 36.70A.390. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Recitals Incorporated. The Recitals set forth above are hereby adopted and incorporated as Findings of Fact of the City Council. Section 2. Additional Findings. The Council may adopt further additional findings after the public hearing is held and evidence presented to the City Council. Section 3. Notwithstanding the provisions of MLMC 18.78.030, Small Wireless Facilities and Eligible Facilities Requests shall be regulated through this Ordinance and not Chapter 18.78 MLMC. Section 4. This purpose of this ordinance is to: A. Establish clear regulations for the siting and design of Wireless Communication Facilities (WCFs) consistent with state and federal regulations; B. Promote the health, safety, and general welfare of the Moses Lake community by regulating the siting of WCFs; C. Minimize visual, safety, aesthetic, and environmental impacts of WCFs on surrounding areas by establishing standards for location, structural integrity, and compatibility; D. Encourage the location and collocation of communications equipment on existing structures; and E. Accommodate the growing need and demand for communication services. Section 5. The following new Section is hereby adopted: Definitions. A. “Antenna” means any exterior apparatus designed for telephonic, radio, data, Internet, or other communications through the sending and/or receiving of radio frequency signals including, but not limited to, equipment attached to a tower, utility pole, building, or other structure for the purpose of providing wireless services. B. “Co-location” means (1) mounting or installing an antenna facility on a pre-existing structure or (2) Moses Lake Council Packet 4-12-22, Page 22 of 257 Page 3 of 18 modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Provided that, for purposes of Eligible Facilities Requests, “collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting or receiving radio frequency signals for communications purposes. C. “Macro facility” means is a large wireless communication facility that provides radio frequency coverage for a cellular telephone network. Generally, macro cell antennas are mounted on ground-based towers, rooftops, and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro cell facilities typically contain antennas that are greater than three cubic feet per antenna and typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers. D. “Small wireless facility” has the same meaning as defined in 47 CFR § 1.6002. E. “Structure” means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless communication service (whether on its own or comingled with other types of services). F. “Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services included, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. G. “Unified enclosure” means a small wireless facility providing concealment of antennas and equipment within a single enclosure. H. “Utility pole” means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths. Section 6. The following new Section is hereby adopted: Small Wireless General Provisions. A. Small wireless facilities shall not be considered nor regulated as essential public facilities. B. Small wireless facilities located outside of the public rights-of-way may be either a primary or a secondary use. A different use of an existing structure on the same lot shall not preclude the installation of a small wireless facility. C. Small wireless facilities located within the public right-of-way pursuant to a valid franchise are outright permitted uses in every zone of the City but still require a small wireless facility permit pursuant to this ordinance. Section 7. The following new Section is hereby adopted: Small Wireless Deployment. A. Overview. In order to manage its rights-of-way in a thoughtful manner which balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the City, the City of Moses Lake has adopted this administrative process for the deployment of small wireless facilities. The City and applicant for a franchise and other permits associated with the deployment of small wireless facilities face challenges in coordinating applicable legislative and administrative processes under the Federal Communications Commission (FCC) regulations. A franchise for the use of the City’s right-of-way is a contract which requires approval by the City Council. The small wireless permits are issued by the Municipal Moses Lake Council Packet 4-12-22, Page 23 of 257 Page 4 of 18 Services Director, or his/her designee. Applicants are encouraged and expected to provide all related applications in one submittal, unless they have already obtained a franchise. B. Application Process. The Municipal Services Director, or his/her designee, is authorized to establish franchise and other application forms to gather the information required by these ordinances from applicants and to determine the completeness of the application process as provided herein. The application shall include Parts A, B, and C as described in this subsection below. 1. Franchise. The process typically begins with and depends upon approval of a franchise for the use of the public right-of-way to deploy small wireless facilities if any portion of the applicant’s facilities is to be located in the right-of-way. A complete application for a franchise is designated as Part A. An applicant with a franchise for the deployment of small wireless facilities in the City may proceed to directly apply for a small wireless facility permit and related approvals (Parts B and C). An applicant at its option may utilize phased development. Because franchises are required by federal law to be competitively neutral, the City has established a franchise format for use by all right-of-way users. 2. Small Wireless Facility Permits. Part B of the application requires specification of the small wireless facility components and locations as further required in the small wireless permit application described in Section 8 of this Ordinance. 3. Associated Permit(s). Part C of the application shall attach all associated permits requirements such as applications or check lists required under the Critical Areas, Shoreline Management Plan, or SEPA ordinances. Applicants for deployment of new small wireless poles shall comply with the requirements in this Chapter. 4. Leases. An applicant who desires to attach a small wireless facility any utility pole or light owned by the City shall include an application for a lease as a component of its application. The City Manager, or his/her designee, is authorized to approve leases in the form approved for general use by the City Council for any utility pole or light pole in the right-of-way. Leases for the use of other public property, structures, or facilities shall be submitted to the City Council for approval. Section 8. The following new Section is hereby adopted: Small Wireless Permit Application. The following information shall be provided by all applicants for a small wireless permit: A. The application shall provide specific locational information including GIS coordinates of all proposed small wireless facilities and specify where the small wireless facilities will utilize existing, replacement, or new poles, towers, existing buildings, or other structures. Ground-mounted equipment, conduit, junction boxes, and fiber and electrical connections necessary for and intended for use in the deployment shall also be specified regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party. Detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards, shall be provided by the applicant. The application shall have sufficient detail to identify: 1. The location of overhead and underground public utility, telecommunication, cable, water, sewer drainage, and other lines and equipment in the rights-of-way along the proposed route; Moses Lake Council Packet 4-12-22, Page 24 of 257 Page 5 of 18 2. The specific structures, improvements, facilities, lines and equipment, and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate and a plan for protecting, replacing, and restoring any areas to be disturbed during construction. 3. Compliance with the aesthetic requirements of this Chapter. B. The applicant must show written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. Such written approval shall include approval of the specific pole, engineering and design standards, as well as assurances that the specific pole can withstand wind and seismic loads, from the pole owner, unless the pole owner is the City. Submission of the lease agreement between the owner and the applicant is not required. For city- owned poles or structures, the applicant must obtain a lease from the City prior to or concurrent with the small wireless permit application and must submit as part of the application the information required in the lease for the City to evaluate the usage of a specific pole. C. The applicant can batch multiple small wireless facility sites in one application. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area. D. Any application for a small wireless facility located in the right-of-way adjacent to a parcel zoned for residential use shall demonstrate that it has considered the following: 1. Whether a small wireless facility is currently installed on an existing pole in front of the same residential parcel. If a small wireless facility exists, then the applicant must demonstrate that no technically feasible alternative location exists which is not in front of the same residential parcel. 2. Whether the proposed small wireless facility can be screened from residential view by choosing a pole location that is not directly in front of a window or views. E. Any application for a small wireless permit which contains an element which is not exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 14.06 MLMC. Further, any application proposing small wireless facilities in the Shoreline jurisdiction (pursuant to Chapter 19.06 MLMC) or in Critical Areas (pursuant to Chapter 19.03 MLMC) must indicate that the application is exempt or comply with the review processes in such codes. F. The applicant shall submit a sworn affidavit signed by an RF Engineer with knowledge of the proposed project affirming that the small wireless facilities will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the Small Wireless facility will operate. If facilities which generate RF radiation necessary to the Small Wireless facility are to be provided by a third party, then the small wireless permit shall be conditioned on an RF Certification showing the cumulative impact of the RF emissions on the entire installation. The applicant may provide one emissions report for the entire small wireless deployment if the applicant is using the same small wireless facility configuration for all installations within that batch or may submit one emissions report for each subgroup installation identified in the batch. G. The applicant shall provide proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed. H. A professional engineer licensed by the State of Washington shall certify in writing, over his or her seal, that both construction plans and final construction of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads as established by the International Building Code. Further, the construction drawings shall depict all existing Moses Lake Council Packet 4-12-22, Page 25 of 257 Page 6 of 18 proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees, and structures within 250 feet from the proposed site. The construction drawings shall also include the applicant’s plan for electric and fiber utilities, all conduits, cables, wires, handholds, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small wireless facility. I. A traffic control plan. J. The small wireless facilities permit shall include those elements that are typically contained in the right-of-way use permit to allow the applicant to proceed with the build-out of the small wireless facility deployment. K. Recognizing that small wireless facility technology is rapidly evolving, the Municipal Services Director, or his/her designee, is authorized to adopt and publish standards for the technological and structural safety of City-owned structures and to formulate and publish application questions for use when an applicant seeks to attach to City owned structures. Section 9. The following new Section is hereby adopted: Small Wireless Review Process. A. Review. The following provisions relate to review of applications for a small wireless facility permit. 1. Only complete applications for a small wireless permit containing all required submission elements described in Section 8 of this ordinance shall be considered by the City. Incomplete applications that are not made complete by the applicant within sixty (60) days of initial submission of the application materials shall be deemed withdrawn. 2. In any zone, upon application for a small wireless permit, the City will permit small wireless deployment on existing or replacement utility poles conforming to the City’s generally applicable development and design standards of this Chapter, except as provided in subsection B below. 3. Vertical clearance shall be reviewed by the Municipal Services Director, or his/her designee, to ensure that the small wireless facilities will not pose a hazard to other users of the rights-of- ways. 4. Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner’s express written consent. 5. The City shall make every reasonable effort, consistent with any applicable provisions of state or federal law, and the preservation of the City’s health, safety, and aesthetic environment, to comply with the Federal presumptively reasonable time periods for review of facilities for the deployment of small wireless facilities to the fullest extent possible. B. Eligible Facilities Requests. The design approved in a small wireless facility permit shall be considered concealment elements and such facilities may only be expanded upon an Eligible Facilities Request described in Section 16 of this ordinance when the modification does not defeat the concealment elements of the small wireless facility. C. Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 USC §253 and 47 USC §332 and other applicable statutes, regulations and case law. Applicants for franchises and the small wireless facility permits shall be treated in a competitively neutral and non-discriminatory manner with other service providers, utilizing supporting infrastructure which is functionally equivalent, that is, service providers whose facilities Moses Lake Council Packet 4-12-22, Page 26 of 257 Page 7 of 18 are similarly situated in terms of structure, placement, or cumulative impacts. Small wireless facility permit review under this ordinance shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services. D. Final Decision. Any decision by the Municipal Services Director, or his/her designee, shall be final and not be subject to administrative appeals. E. Withdrawal. Any applicant may withdraw an application submitted pursuant to Section 8 of this ordinance at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the Municipal Services Director’s, or his/her designee’s, decision, then reimbursement of fees submitted in association with said application shall be prorated to withhold the amount of City costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the Municipal Services Director ‘s, or his/her designee’s, decision , there shall be no refund of all or any portion of such fee. Section 10. The following new Section is hereby adopted: Small Wireless Permit Requirements. A. The grantee of any permit shall comply with all of the requirements within the small wireless permit. B. Small wireless facilities installed pursuant to a small wireless facility permit may proceed to install the approved small wireless facilities without the need for an additional right-of-way use permit if construction is commenced within thirty (30) days of approval by providing email or written notice to the Municipal Services Director, or his/her designee. Facilities approved in a small wireless permit in which installation has not commenced within thirty (30) days of the approval of a small wireless facility permit shall apply for and be issued a right-of-way use permit to install such small wireless facilities in accordance with the standard requirements of the City for use of the right-of- way. C. Post-Construction As-Builts. Within thirty (30) days after construction of the small wireless facility, the grantee shall provide the City with as-builts of the small wireless facilities demonstrating compliance with the permit and site photographs. D. Permit Time Limit. Construction of the small wireless facility must be completed within six (6) months after the approval date by the City. The grantee may request one (1) extension to be limited to three (3) months, if the applicant cannot construct the small wireless facility within the original six (6) month period. E. Site Safety and Maintenance. The grantee must maintain the small wireless facilities in safe and working condition. The grantee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site. Section 11. The following new Section is hereby adopted: Modifications to Small Wireless Facilities. A. If a grantee desires to make a modification to an existing small wireless facility, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole-mounted or ground-mounted equipment, or modifying the concealment elements, then the applicant shall apply for a small wireless facility permit. Moses Lake Council Packet 4-12-22, Page 27 of 257 Page 8 of 18 B. A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility within the rights-of-way, or the replacement of an antenna or equipment of similar size, weight, and height, provided that such replacement does not defeat the concealment elements used in the original deployment of the small wireless facility, does not impact the structural integrity of the pole, and does not require pole replacement. Further, a small wireless facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facility. Right- of-way use permits may be required for such routine maintenance, repair, or replacement consistent with Chapter 12.16 MLMC. Section 12. The following new Section is hereby adopted: Small Wireless Consolidated Permit. A. The issuance of a small wireless permit grants authority to construct small wireless facilities in the rights-of-way in a consolidated manner to allow the applicant, in most situations, to avoid the need to seek duplicative approval by both the public works and the community and economic development departments. If the applicant requires a new franchise to utilize the right-of-way, the franchise approval may be consolidated with the small wireless facility permit review if requested by the applicant. As an exercise of police powers pursuant to RCW 35.99.040(2), the small wireless facility permit is not a right-of-way use permit, but instead a consolidated public works and land use permit and the issuance of a small wireless facility permit shall be governed by the time limits established by federal law for small wireless facilities. B. The general standards applicable to the use of the rights-of-way described in Chapter 12.16 MLMC shall apply to all small wireless facility permits. Section 13. The following new Section is hereby adopted: Small Wireless Fees and Other Costs. A. Application and Review Fee. Any applicant for a franchise pursuant to this ordinance shall pay an application and review fee or fee deposit in an amount as determined by the City Council. This application and review fee covers the actual costs associated with the City’s initial review of the application; provided, however, that the applicant shall also be required to pay all necessary permit fees. This application and review fee shall be deposited with the City as part of the application filed pursuant to this ordinance. B. Other City Costs. All grantees shall, within 30 days after written demand therefor, reimburse the City for all direct and actual costs and expenses incurred by the City in connection with any grant, modification, amendment, renewal, or transfer of any franchise. C. Permit Fee. Prior to issuance of a right-of-way permit or small wireless facility permit, the applicant shall pay a permit fee in an amount as determined by the City Council, or the actual costs incurred by the City in reviewing such permit application. Section 14. The following new Section is hereby adopted: Design and Concealment Standards for Small Wireless Deployments. Small wireless facility deployments whether permitted in the right-of way under a franchise agreement or permitted in accordance with this chapter shall conform to the following design standards: A. Small wireless facilities attached to existing or replacement non-wooden light poles and other non- wooden poles in the right-of-way or non-wooden poles outside of the right-of-way shall conform to the following design criteria: Moses Lake Council Packet 4-12-22, Page 28 of 257 Page 9 of 18 1. Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is otherwise technically infeasible, or is incompatible with the pole design, then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush mounted to the pole, meaning no more than six (6) inches off of the pole, and must be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of small wireless facilities. If the equipment enclosure is permitted on the exterior of the pole, the applicant is required to place the equipment enclosure behind any banners or road signs that may be on the pole, provided that such location does not interfere with the operation of the banners or signs. 2. The furthest point of any antenna or equipment enclosure may not extend more than twenty (20) inches from the face of the pole. 3. All conduit, cables, wires, and fiber must be routed internally in the non-wooden pole. Full concealment of all conduit, cables, wires, and fiber is required within mounting brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or equipment. 4. An antenna on top of an existing pole may not extend more than six (6) feet above the height of the existing pole and the diameter may not exceed sixteen (16) inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. The antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole except for canister antennas which shall not require screening. All cabling and mounting hardware or brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole. 5. Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way. 6. The height of any replacement pole may not extend more than ten (10) feet· above the height of the existing pole or the minimum additional height necessary; provided that the height of the replacement pole cannot be extended further by additional antenna height. 7. The diameter of a replacement pole shall comply with the City’s setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25% increase of the existing non-wooden pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole, and shall comply with the requirements in subsection E(4) of this Section. 8. The use of the pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed. B. Wooden pole design standards. Small wireless facilities located on wooden poles shall conform to the following design criteria: 1. The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of ten (10) feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension Moses Lake Council Packet 4-12-22, Page 29 of 257 Page 10 of 18 is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. 2. A pole extender may be used instead of replacing an existing pole but may not increase the height of the existing pole by more than ten (10) feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation or clearance from electrical and wireline facilities. A “pole extender” as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole. 3. Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the City. 4. Antennas, equipment enclosures, and all ancillary equipment, boxes, and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached. 5. Antennas shall not be mounted more than twelve (12) inches from the surface of the wooden pole. 6. Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole provided that each antenna enclosure shall not be more than three (3) cubic feet in volume. 7. A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection B(1) above. A canister antenna mounted on the top of a wooden pole shall not exceed sixteen (16) inches, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side mounted canister antenna, so long as the inside edge of the antenna is no more than twelve (12) inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole. 8. The furthest point of any antenna or equipment enclosure may not extend more than twenty (20) inches from the face of the pole. 9. An omni-directional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four (4) feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket. 10. All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles shall not be mounted more than six (6) inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner. 11. Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to subsection of the Section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any pre-existing associated equipment on the pole, Moses Lake Council Packet 4-12-22, Page 30 of 257 Page 11 of 18 may not exceed twenty-eight (28) cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and does not cumulatively exceed twenty-eight (28) cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole, provided that such location does not interfere with the operation of the banners or signs. 12. An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so, provided that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any pre-exiting associated equipment on the pole does not exceed twenty-eight (28) cubic feet. The unified enclosure may not be placed more than six (6) inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs, provided that such location does not interfere with the operation of the banners or signs. 13. The visual effect of the small wireless facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible. 14. The use of the wooden pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed. 15. The diameter of a replacement pole shall comply with the City’s setback and sidewalk clearance requirements and shall not be more than a 25% increase of the existing utility pole measured at the base of the pole. 16. All cables and wires shall be routed through conduit along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduit shall be minimized to the number technically necessary to accommodate the small wireless. C. Small wireless facilities attached to existing buildings, shall conform to the following design criteria: 1. Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building’s architectural theme. 2. The interruption of architectural lines or horizontal or vertical reveals is discouraged. 3. New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building. 4. Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building. 5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited. 6. Small wireless facilities shall be painted and textured to match the adjacent building surfaces. D. Small wireless facilities mounted on cables strung between existing utility poles shall conform to the following standards. Moses Lake Council Packet 4-12-22, Page 31 of 257 Page 12 of 18 1. Each strand mounted facility shall not exceed three (3) cubic feet in volume; 2. Only one strand mounted facility is permitted per cable between any two existing poles; 3. The strand mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than five (5) feet from the pole unless a greater instance technically necessary or is required by the pole owner for safety clearance; 4. No strand mounted device shall be located in or above the portion of the roadway open to vehicular traffic; 5. Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in pre-existing equipment cabinets; and 6. Pole mounted equipment shall comply with the requirements of subsections A and B of this Section. 7. Such strand mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand). 8. Strand mounted facilities are prohibited on non-wooden poles. E. General Requirements. 1. Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground or the applicant can demonstrate that pole mounted or undergrounded equipment is technically infeasible. If ground-mounted equipment is necessary, then the applicant shall submit a concealment element plan. Generators located in the rights-of-way are prohibited. 2. No equipment shall be operated so as to produce noise in violation of Chapter 173-60 WAC. 3. Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant’s ability to provide telecommunications service in violation of 47 USC §§ 253 and 332. 4. Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), City construction and sidewalk clearance standards, city ordinance, and state and federal laws and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement or new pole must: be physically possible, comply with applicable traffic signal warrants, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health or safety. 5. Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole. 6. No signage, message, or identification other than the manufacturer’s identification or identification required by governing law is allowed to be portrayed on any antenna or equipment enclosure. Any permitted signage shall be located on the equipment enclosures and be of the minimum amount possible to achieve the intended purpose (no larger than 4x6 inches); provided that, signs are permitted as concealment element techniques where appropriate. 7. Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element plan. Moses Lake Council Packet 4-12-22, Page 32 of 257 Page 13 of 18 8. Side arm mounts for antennas or equipment must be the minimum extension necessary and for wooden poles may be no more than twelve (12) inches off the pole and for non-wooden poles no more than six (6) inches off the pole. 9. The preferred location of a small wireless facility on a pole is the location with the least visible impact. 10. Antennas, equipment enclosures, and ancillary equipment, conduit, and cable shall not dominate the structure or pole upon which they are attached. 11. Except for locations in the right-of-way, small wireless facilities are not permitted on any property containing a residential use in the residential zones. 12. The City may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights-of-way in when assessing proposed siting locations so as to not adversely affect the visual character of the City. This provision shall not be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant. 13. These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape. Section 15. The following new Section is hereby adopted: New Poles in the Rights-of-Way for Small Wireless Facilities. A. New poles, as compared to replacement poles, within the rights-of-way are only permitted if the applicant can establish that: 1. The proposed small wireless facility cannot be located on an existing utility pole or light pole, electrical transmission tower or on a site outside of the public rights-of-way such as a public park, public property, building, transmission tower, or in or on a non-residential use in a residential zone whether by roof or panel-mount or separate structure; 2. The proposed small wireless facility receives approval for a concealment element design, as described in subsection C of this Section; 3. The proposed small wireless facility also complies with the City’s Shoreline Master Program, Title 19 MLMC, and SEPA, Title 14 MLMC, if applicable; and 4. No new poles shall be located in a critical area or associated buffer required by the City’s Critical Areas Ordinance (Chapter 19.03 MLMC), except when determined to be exempt pursuant to said ordinance. B. The Municipal Services Director or his/her designee may approve, approve, with conditions, or deny an application for a new pole without notice and his or her decision shall be final on the date issued. C. The concealment element design shall include the design of the screening, fencing, or other concealment technology for a tower, pole, or equipment structure, and all related transmission Moses Lake Council Packet 4-12-22, Page 33 of 257 Page 14 of 18 equipment or facilities associated with the proposed small wireless facility, including but not limited to fiber and power connections. 1. The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including similar height to the extent technically feasible. Any concealment element design for a small wireless facility on a decorative pole should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the decorative pole. Other concealment methods include, but are not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color, and texture - or the appearance thereof - as the surface against which the installation will be seen or on which it will be installed, landscape design, or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wirelines are installed internally in the structure. Further, applicant designs should, to the extent technically possible, comply with the generally applicable design standards adopted pursuant to Section 14 of this ordinance. 2. If the Municipal Services Director, or his/her designee, has already approved a concealment element design either for the applicant or another small wireless facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar concealment element design, unless it can show that such concealment element design is not physically or technologically feasible, or that such deployment would undermine the generally applicable design standards. D. Even if an alternative location is established pursuant to subsection A(1) and A (2), the Municipal Services Director, or his/her designee, may determine that a new pole in the right-of-way is in fact a superior alternative based on the impact to the City, the concealment element design, the City’s Comprehensive Plan and the added benefits to the community. E. Prior to the issuance of a permit to construct a new pole or ground-mounted equipment in the right- of-way, the applicant must obtain a site-specific agreement from the City to locate such new pole or ground-mounted equipment. This requirement also applies to replacement poles that are higher than the replaced pole, and the overall height of the replacement pole and the proposed small wireless facility is more than sixty (60) feet. F. These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections of the streetscape. Section 16. The following additional definitions shall only apply to eligible facilities requests as described in this Section. Eligible Facilities Requests. A. Additional Definitions. 1. “Base Station”: A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. Base Station includes, without limitation: Moses Lake Council Packet 4-12-22, Page 34 of 257 Page 15 of 18 a. Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems (“DAS”) and small wireless networks). c. Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this section, supports or houses equipment described in subparagraph (i) and (ii) above that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support. d. The term does not include any structure that, at the time the Eligible Facilities Request application is filed with the City, does not support or house equipment described in subparagraph (l)(a) and (l)(b) above. 2. “Collocation”: The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes. 3. “Director”: The Municipal Services Director or designee. 4. “Eligible Facilities Request”: Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: a. Collocation of new transmission equipment; b. Removal of transmission equipment; or c. Replacement of transmission equipment. 5. “Eligible Support Structure”: Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the City. 6. “Existing”: A constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. 7. “Substantial Change”: A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria: a. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten (10) feet, whichever is greater; b. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an Moses Lake Council Packet 4-12-22, Page 35 of 257 Page 16 of 18 appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet; c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and Base Stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; d. It entails any excavation or deployment outside the current site; e. It would defeat the concealment elements of the eligible support structure; or f. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided, however, that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified above. 8. “Tower”: Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixes wireless services such as microwave backhaul and the associated site. 9. “Transmission Equipment”: Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. B. Application. The Director shall prepare and make publicly available an application form used to consider whether an application is an Eligible Facilities Request. The application may not require the applicant to demonstrate a need or business case for the proposed modification. C. Qualification as an Eligible Facilities Request. Upon receipt of an application for an Eligible Facilities Request, the Director shall review such application to determine whether the application qualifies as an Eligible Facilities Request. D. Timeframe for Review. Within sixty (60) days of the date on which an applicant submits an Eligible Facilities Request application, the Director shall approve the application unless it determines that the application is not covered by this section. E. Tolling of the Time Frame for Review. The sixty (60) day review period begins to run when the pre- application or application is filed and may be tolled only by mutual agreement by the Director and the applicant or in cases where the Director determines that the application is incomplete. The timeframe for review of an Eligible Facilities Request is not tolled by a moratorium on the review of applications. 1. To toll the timeframe for incompleteness, the Director shall provide written notice to the applicant within thirty (30) days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application. Moses Lake Council Packet 4-12-22, Page 36 of 257 Page 17 of 18 2. The timeframe for review begins running again when the applicant makes a supplemental submission in response to the Director’s notice of incompleteness. 3. Following a supplemental submission, the Director will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this sub-section. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness. F. Determination That Application Is Not an Eligible Facilities Request. If the Director determines that the applicant’s request does not qualify as an Eligible Facilities Request, the Director shall deny the application. G. Failure to Act. In the event the Director fails to approve or deny a request for an Eligible Facilities Request within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the Director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. Section 17. Appeals. Small Wireless Facilities Permit decisions, other than administrative approvals relating to Small Wireless Facilities and Eligible Facilities Requests, are final decisions. Approvals or denials of a Small Wireless Facility Permit or Eligible Facilities Requests are administrative approvals and are not subject to appeal. Section 18. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70.390, the City Council held a hearing on this interim ordinance before adoption in order to take public testimony. Section 19. Duration of Interim Regulations. The interim amendments adopted by this ordinance shall remain in effect until six (6) months from the effective date and shall automatically expire unless the same are extended as provided in RCW 36.70A.390 and RCW 35A.63.220 prior to that date, or unless the same are repealed or superseded by permanent amendments prior to that date. Section 20. Planning Commission Work Program. The City of Moses Lake Planning Commission is hereby directed to review the interim regulations in 2022. The Commission shall make a recommendation on whether said amendments, or some modification thereof, should be permanently adopted. The Moses Lake Planning Commission is directed to complete its review, to conduct such public hearings as may be necessary or desirable, and to forward its recommendation to the Moses Lake City Council prior to the expiration of the interim amendments. The work program shall include input from wireless carriers, existing franchisees, and City staff. Section 21. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court, board or tribunal of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 22. Enforcement. Violations of this ordinance are enforceable to the same extent as other violations of Title 18 MLMC and are equally subject to injunctive and other forms of civil relief that the City may seek. Section 23. Conflict. In the event that there is a conflict between the provisions of this ordinance and any other City ordinance, the provisions of this ordinance shall control. Section 24. Declaration of Emergency. The Moses Lake City Council hereby finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety and welfare of the City of Moses Lake, pursuant to RCW 35A.13.190. Moses Lake Council Packet 4-12-22, Page 37 of 257 Page 18 of 18 Section 25. Effective Date. This Ordinance shall take effect and be in full force and effect immediately upon passage, as set forth herein. Adopted by the City Council and signed by its Mayor on April 12, 2022. _____________________________________ Dean Hankins, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ _______________________________________ Debbie Burke, City Clerk Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Hankins Vote: Date Published: April 18, 2022 Date Effective: April 12, 2022 Moses Lake Council Packet 4-12-22, Page 38 of 257 WORK PLAN: INTERIM CONTROLS FOR WIRELESS COMMUNICATION ELIGIBLE FACILITIES 2022: Task Time frame Responsible Staff Develop WCF application form April 25- May 2 Planning Tech Circulate interim regulations to wireless carriers, existing franchisees, City staff and impacted utility providers for review and comments April 20-May 4 Planner Draft Final WCF regulations April 20 -May 13 Planning Manager Review regulations w/ Planning Commission May-June Planning Manager Incorporate into draft UDC June-July Planning Staff/Consultant Circulate updated UDC for Comment - SEPA review of UDC - Sixty-day state agency review Estimate- August Planning Manager Planning Commission Review/Recommendation Fall Planning Manager City Council Review/Adoption Fall Planning Manager Moses Lake Council Packet 4-12-22, Page 39 of 257 MOSES LAKE CITY COUNCIL March 22, 2022 STUDY SESSION Municipal Airport Operations Jeff Bishop with Effectuate provided an updated opinion on the feasibility report based on updated inflation rates. Cynthia Weed, legal counsel with the City’s bonding agency K&L Gates, discussed decades of history on various Public Development Authorities (PDA) in Washington State. Municipal Services Director Dave Bren presented four options for airport operations and recommended to keep the airport public with a private development agreement. City Council requested staff provide sample development agreements for options two and three at the next Council Meeting. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:35 p.m. by Mayor Hankins with audio remote access. Special notice for attendance and citizen comment were posted on the meeting agenda. EXECUTIVE SESSION Mayor Hankins called an executive session at 6:37 p.m. pursuant to RCW 42.30.110(1)(c) and (i) for Property Sale and Potential Litigation for 30 minutes. The meeting reconvened at 7:07 p.m. ROLL CALL Present: Mayor Hankins; Deputy Mayor Myers; Council Members Fancher, Eck, Martinez, Swartz, and Madewell. PLEDGE OF ALLEGIANCE Mayor Hankins led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Eck moved to approve the Agenda as presented, second by Council Member Fancher. The motion carried 7 – 0. SUMMARY REPORTS MAYOR’S REPORT Parks, Recreation, and Cultural Services Board Appointment Mayor Hankins recommended appointment of Jamie Nixon Garcia to the Parks, Recreation and Cultural Services Board. Action taken: Council Member Swartz moved to confirm the appointment as presented, second by Council Member Eck. The motion carried 7 – 0. CITY MANAGER’S REPORT Wellness Committee Recognition The Wellness Committee was recognized for their work in getting the “Well City” award Moses Lake Council Packet 4-12-22, Page 40 of 257 CITY COUNCIL MINUTES – March 22, 2022 pg. 2 from AWC again this year. This award gives employees and the City a 2% reduction on medical benefit premiums. Municipal Services GIS Technician New Hire A brief introduction was given of the new GIS Technician Arianna Jarrett. She worked as a temporary employee in July of 2021 and was the successful candidate for the regular full-time status position. WMCA President’s Award City Clerk Debbie Burke was awarded the Washington Municipal Clerk’s Association President’s Award of Distinction. She was nominated by City Manager Allison Williams with letters of support from former Mayor David Curnel and City Attorney Katherine Kenison. Lakeside Disposal Spring Clean Up Event Aaron Lawhead introduced himself and Warren Tracy from Lakeside Disposal. They shared that there will be a spring clean-up on April 23 and 30 from 8:30 a.m. to 3:30 p.m. for City residents to bring any extra trash to the Surf ‘n Slide parking lot for disposal. MLIRD Lake Clean Up Several community groups participated in the annual clean up event last weekend. Extra Territorial Application Process Hold Staff is requesting a hold on level 3 and 4 Extra Territorial Agreement applications to allow adequate time to present a draft update to the code and cost evaluations. Action taken: Council Member Eck moved to approve the hold on level 3 and 4 Extra Territorial Agreement applications for 60 days, second by Council Member Martinez. The motion carried 7 – 0. Redflex Amnesty Program Extension The Grant County District Court is working with the new photo enforcement vendor and the Administrative Offices of the Court on the implementation of the electronic interface to process citations. Staff requests to reinstate the amnesty program through June 30, 2022, to allow for a reduction in the ticket cost in order to clear some of the backlog for District Court once the implementation is complete. Action taken: Council Member Swartz moved to authorize the Redflex Amnesty Program, as presented, second by Deputy Mayor Myers. The motion carried 7 – 0. County Urban Growth Area Application REC is seeking support for their UGA expansion application being submitted directly to Grant County. Grant County requested an analysis form the City since it failed to meet the deadline for the City’s annual UGA amendment application process that was completed in November. Action taken: Council Member Eck moved to support the application of REC to Grant County to add 163 acres into the City’s Urban Growth Area. In supporting the motion, the City Council Moses Lake Council Packet 4-12-22, Page 41 of 257 CITY COUNCIL MINUTES – March 22, 2022 pg. 3 finds: • The City’s Comprehensive Plan, adopted November 21, 2022, recommended a reduction of the City’s UGA by 721 acres in order to allow the City to more appropriately service the growth of the City based on the Buildable Lands Analysis adopted with the Comprehensive Plan. • The City’s Buildable Lands Analysis that supports the City’s Comprehensive Plan recommends consideration of applications that do not provide a net increase in the City’s Urban Growth Area. • The City’s Buildable Lands Analysis identifies that UGA amendment applications that would increase development opportunities for industrial lands should be prioritized over additional housing in the UGA. • The City’s Buildable Lands Analysis provides direction that changes to land use should be generally compatible with surrounding land uses and have adequate public infrastructure to serve the proposed use. • The area is served by City urban services and the needed sewer upgrades are in the City’s Capital Facilities Plan adopted as a part of the City’s newly adopted Comprehensive Plan. • The surrounding City Zoning is Industrial. • The Application is consistent with RCW 36.70A and the City’s newly adopted Comprehensive Plan, contingent on County action to provide for Urban Growth Area amendments proposed in the City’s application. • That there be a pre-annexation agreement in place. Second to the motion given by Council Member Martinez. The motion carried 7 – 0. PUBLIC HEARING #1 Parks, Recreation, and Open Space Plan Resolution 3884 The Parks, Recreation, and Open Space Master Plan is an update to the Department’s 2016 Parks Master Plan, adopted in compliance with the State of Washington Recreation and Conservation Office guidelines. This Plan, along with a series of other planning documents, provides a framework for future planning efforts and will act as a road map, guiding the City and Department over the next five years and beyond. Staff received support documents from the Colville Confederated Tribes as well as from the Department of Ecology regarding SEPA. Mayor Hankins opened the hearing at 7:34 p.m. No written comments or requests to speak were received and the hearing was closed. Action taken: Council Member Eck moved to adopt Resolution 3884 as presented, second by Council Member Swartz. The motion carried 7 – 0. CONSENT AGENDA #2 a. City Council meeting minutes dated May 25, 2021 b. Claim ACH 136-141 in the amount of $671,924.18; Claim Checks 155391 – Moses Lake Council Packet 4-12-22, Page 42 of 257 CITY COUNCIL MINUTES – March 22, 2022 pg. 4 155616 in the amount of $1,302,761.56; No payroll since last meeting c. Watermain Easement Resolution 3887 d. Abandon Watermain Easement Resolution 3888 e. Award COF Misc. Upgrades Project f. Award Reservoir 2 Painting Project g. Barrington Point Phase 4b Plat Improvement Resolution 3892 h. Groff Elementary Plat Improvement Resolution 3893 i. Lauzier Field Project Award Action taken: Deputy Mayor Myers moved to approve the Consent Agenda as presented, second by Council Member Eck. The motion carried 7 – 0. OLD BUSINESS #3 Hay Boy Farms Land Lease Settlement Agreement Due to the discovery of the water rights issue on the Hay Boy Land Lease, staff is recommending a settlement agreement to reimburse them for cost of fall seeding. Action taken: Mayor Hankins moved to authorize the City Manager to execute a settlement agreement of $6,110 with Hay Boy Farms, second by Council Member Swartz. The motion carried 7 – 0. #4 Wireless Regulations Code Change Ordinance After reviewing the Municipal Code, it was necessary to amend the City's regulations to comply with the FCC Order. Since 5G deployment has reached Moses Lake, it was necessary to adopt interim regulations so the City can process applications in compliance with federal statutes and the FCC Order. The Public Hearing for the extension of the Interim Ordinance will be held April 12. NEW BUSINESS #5 Affordable Housing Advisory Committee Resolution 3889 An Advisory Council on Housing will provide input while implementing the seven strategies from HB 1220, which are in line with policies and goals identified in the Housing Element of the Comprehensive Plan. Applications are due March 31. Action taken: Council Member Martinez moved to adopt Resolution 3889 as presented, second by Council Member Eck. The motion carried 7 – 0. #6 Development Fee Schedule Update Resolution 3890 The water system development fees need to be updated to keep pace with the West Coast Cities Consumer Price Index (CPI). The water rights charge has been in Code but not in the schedule and was added to the development fee schedule update. Action taken: Council Member Martinez moved to adopt Resolution 3890 as presented, second by Mayor Hankins. The motion failed 2 - 5. Deputy Mayor Myers, and Council Members Swartz, Madewell, Eck and Fancher were opposed. Moses Lake Council Packet 4-12-22, Page 43 of 257 CITY COUNCIL MINUTES – March 22, 2022 pg. 5 #7 Park Board Manual Resolution 3891 Parks staff has created a Parks, Recreation & Cultural Services Advisory Board Handbook that will answer a new or returning board member’s questions and cover the basics to help provide an understanding of the role and responsibilities of the advisory board. Action taken: Council Member Swartz moved to adopt Resolution 3891 as presented, second by Council Member Eck. The motion carried 7 – 0. #8 Grant County Chipping Program ILA Staff is requesting to enter into an Interlocal Agreement with Grant County Public Works to offset the cost of the curbside chipping program provided to citizens. This program is partially funded by a Local Solid Waste Financial Assistance Grant. The program starts on Monday. Action taken: Council Member Swartz moved to approve the Grant County Chipping ILA, as presented, second by Council Member Eck. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Legislative Update Police Chief Kevin Fuhr reviewed important clarifications related to police reform on use of force laws that were adopted on HB 2037, HB 1735, and HB 1719. Housing Program Annual Report City Manager Allison Williams thanked Housing Coordinator Cari Cortez for her work on the Housing Program Annual Report. The report will be emailed to Council. Sinkiuse Clock Repair The Sinkiuse clock was taken down for repair and repainting. The goal is to have the clock back in service by Sunday, April 17. Council Member Martinez requested staff to work on keeping the flowers trimmed that are planted the clock to eliminate driver safety concerns on the roundabout. Website Redesign Surveys Surveys have been published for public and employee input as part of the City’s website redesign effort. There will also be a public photo contest later in the Spring. COUNCIL COMMUNICATIONS AND REPORTS Council Member Fancher discussed the growth that is occurring in Moses Lake. He clarified that a Les Schwab Tire Center is being built next to Denny’s. He also commended staff for their positive attitudes and their accessibility when processing new permits. Council Member Martinez requested a letter of support for the Watershed Council federal funding application. City Manager Williams also asked for approval on a letter of support for Samaritan Hospital Maternity Ward federal funding applications. Action taken: Council Member Martinez moved to approve the letters of support for the Watershed Moses Lake Council Packet 4-12-22, Page 44 of 257 CITY COUNCIL MINUTES – March 22, 2022 pg. 6 Council and Samaritan Hospital federal funding applications, second by Council Member Swartz. The motion carried 7 – 0. ADJOURNMENT The regular meeting was adjourned at 8:15 p.m. ______________________________________ Dean Hankins, Mayor ATTEST____________________________ Debbie Burke, City Clerk Moses Lake Council Packet 4-12-22, Page 45 of 257 MOSES LAKE CITY COUNCIL – SPECIAL MEETING Wednesday, March 30, 2022 CALL TO ORDER A meeting of the Moses Lake City Council was called to order at 5:00 p.m. by Mayor Hankins. Notice for remote attendance was posted on the meeting agenda. ROLL CALL Present: Mayor Hankins; Deputy Mayor Myers; Council Members Fancher, Eck, Swartz, and Madewell. Council Member Martinez attended remotely. #1 Congressional Spending Application Request Two handouts were provided: The first a list of the “game changer” projects that came through the City’s Comprehensive Planning process and second an overview of Council actions regarding the City’s homeless program since 2019, goals for the new City Manager in 2020 and an overview of a WAC and State Legislation that provided answers regarding re-siting of the Sleep Center. • Expanding utilities to encourage economic development • Broadway District Revitalization • Downtown Creative District • I-90 Improvement Project • Transformational Center Action taken: Council Member Swartz moved to go forward with the I-90 revitalization request as presented, second by Council Member Eck. The motion carried 7 – 0. Action taken: Council Member Eck moved to go forward with the utilities expansion as presented, second by Council Member Fancher. The motion carried 7 – 0. Action taken: Council Member Fancher moved to request funding to relocate the homeless shelter to a permanent location with permanent infrastructure for bathrooms and office space, second by Mayor Hankins. The motion carried 7 – 0. Action taken: Council Member Fancher moved to go forward with the Creative District project and include funds to allow the City to purchase land to address affordable housing, second by Mayor Hankins. The motion carried 6 – 0. Council Member Eck was absent for the vote. Action taken: Deputy Mayor Myers moved to submit the Broadway Corridor funding request, as presented, second by Council Member Eck. The motion carried 6 – 0. Council Member Eck was absent for the vote. #2 Airport Operations Mayor Hankins requested consideration that the Airport Board be returned to have management controls for the airport under the Council. They have received recommendation of an aviation lawyer from the Aircraft Owners and Pilots Association. The attorney would be contracted to write a new operations agreement with the City, draft new airport leases, and prove input on options to establish a Public Development Authority. The topic will be listed for action on the April 12 agenda. Moses Lake Council Packet 4-12-22, Page 46 of 257 CITY COUNCIL MINUTES – March 30, 2022 pg. 2 #3 Police Labor Negotiations Agreement for the Police Guild was handed out for Council to review for discussion on April 12 in Closed Session. ADJOURNMENT The meeting adjourned at 6:17 p.m. ______________________________________ Dean Hankins, Mayor ATTEST____________________________ Debbie Burke, City Clerk Moses Lake Council Packet 4-12-22, Page 47 of 257 To: Allison Williams, City Manager From: Madeline Prentice, Finance Director Council Meeting Date: April 12, 2022 Proceeding Type: Consent Agenda Subject: Disbursement Report since March 22, 2022, Council Meeting The following amounts were budgeted and sufficient funds were available to cover these payments: Electronic Transfers 142 – 148 $ 273,477.38 Checks 155617 – 155825 $ 1,181,907.26 Payroll Checks 64218 - 64247 $ 7,733.06 Electronic Payments Payroll ACH 3/4, 3/18 & 4/1 2022 $ 1,432,149.71 Summary 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 has 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 its processes to ensure appropriate internal controls are in place. Moses Lake Council Packet 4-12-22, Page 48 of 257 Moses Lake Council Packet 4-12-22, Page 49 of 257 Moses Lake Council Packet 4-12-22, Page 50 of 257 Moses Lake Council Packet 4-12-22, Page 51 of 257 Moses Lake Council Packet 4-12-22, Page 52 of 257 Moses Lake Council Packet 4-12-22, Page 53 of 257 Moses Lake Council Packet 4-12-22, Page 54 of 257 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Madeline Prentice, Finance Director Date: March 22, 2022 Proceeding Type: Consent Agenda Subject: Purchasing Policy & Procedures Revision Resolution 3890 Legislative History: Financial Impact: • First Presentation: April 12, 2022 Budgeted Amount: N/A • Second Presentation: Unbudgeted Amount: • Action: Motion Total Cost: Overview On January 25, 2022, Council adopted the Purchasing Policy & Procedures Manual by Resolution #3879. Since that time, it has been determined that Section 5.4 – Credit Card Policy which limits distribution of City credit cards to Department Directors and one designated employee is too restrictive for departments to efficiently conduct City business. We are recommending that Section 5.4 – Credit Card Policy be amended to read: “City credit cards will be obtained by the Finance Director and distributed to each Department Head and select designated employee(s) within the Department to use for City purchases. The number of cards requested by departments should be kept to the minimum number of employees essential to effectively conduct City business, and thereby limiting the City’s credit card exposure. Cards are requested……”. Fiscal and Policy Implications The Purchasing Policy and Procedures Manual established a single set of rules for all departments to follow and resulted in uniformity across the City. This update will allow departments, especially those working outside of normal operating hours, the ability to conduct City business without interruption while also continuing to limit the City’s credit card exposure. Council Packet Attachment A. Resolution xxxx Moses Lake Council Packet 4-12-22, Page 55 of 257 Page 2 of 2 Legal Review N/A Type of Document Title of Document Date Reviewed Resolution Revise Section 5.4 of the Purchasing Policy and Procedures Manual Options Option Results • Adopt as presented Purchasing Policy and Procedures Manual Section 5.4 will be revised as noted. • Provide staff with changes Staff would follow requested changes • Take no action Departments may be impeded in their conduct of City business. Action Requested Motion to adopt resolution to revise Section 5.4 of the Purchasing Policy and Procedures Manual. Moses Lake Council Packet 4-12-22, Page 56 of 257 RESOLUTION 3890 A RESOLUTION OF THE CITY COUNCIL OF THE CITY MOSES LAKE, WASHINGTON, REVISING THE PURCHASING POLICY AND PROCEDURES MANUAL Recitals: 1. The Purchasing Policy and Procedures Manual as adopted by Council on January 25, 2022, established a single set of rules for all departments to follow and resulted in uniformity across the City. 2. Section 5.4 – Credit Card Policy of the Purchasing Policy, which limits distribution of credit cards, has been determined to be too restrictive for departments to efficiently conduct City business. 3. The City wishes to revise Section 5.4 – Credit Card Policy to allow the issuance of credit cards to more than one designated employee in a department. 4. Additionally, language will be added to the Credit Card Policy that indicates the number of credit cards issued to each department should be limited to only those employees essential to effectively conduct City business. Resolved: 1. The City Council approves the revision to Section 5.4 – Credit Card Policy of the attached Purchasing Policy and Procedures Manual. 2. This policy will prevail over conflicting policies previously adopted by the City Council. ADOPTED by the City Council of the City of Moses Lake on this 12th day of April, 2022. Dean Hankins, Mayor ATTEST: Debbie Burke, City Clerk Moses Lake Council Packet 4-12-22, Page 57 of 257 City of Moses Lake Purchasing Policy & Procedures Moses Lake Council Packet 4-12-22, Page 58 of 257 Competitive Bidding Thresholds Category Limit Process Ref. Purchases for materials, supplies & equipment including installation & taxes < $10,000 No formal bid requirements. Verbal quotes, State contract, or use of purchasing cooperatives are encouraged 2.1 > $10,000 or more 3 written quotes, State contract, or qualifying purchasing cooperative 2.2 2.3 General service contracts RCW’s do not require bids for services. This does not include A&E It is encouraged to get 3 quotes but use reasonable judgement when evaluating whether bids should be obtained. 2.12 Architectural & engineering services Competitive process, comply with RCW 39.80 2.9 Federal grant guidelines, 2 CFR 200.320 (use City or Fed, whichever is more restrictive) $3,000 or less, aggregate No bids if prices determined to be “reasonable” $3,001 - $150,000 aggregate 3 written quotes or State contract Over $150,000 aggregate Sealed bids Public Works (RCW 39.04 & RCW 35.23.352 as authorized in RCW 35A.40.200) Project costs < $75,500 single craft, street signalization or lighting; or < $116,155 multi craft Direct quotes allowed, but bond and retainage required, or Limited small works process (only under $50,000), or Small works roster, or formal bid process 2.6 2.7 2.8 Project costs < $350,000 Small works roster*, or Formal bid process 2.7 2.8 Project costs > $350,000 Formal bid process 2.8 *Limited public works threshold to $50,000. Cities may waive retainage for roster projects. If estimated cost exceeds $250,000, City must notify all contractors on the roster that bids are being sought (ESSB 5418). Moses Lake Council Packet 4-12-22, Page 59 of 257 Contract Authorization Thresholds Category Limit Authorized Signer General services and Public Works Aggregate contract value < $50,000 Department Director Aggregate contract value between $50,000 - $100,000 City Manager Aggregate contract value > $100,000 City Manager, authorized by City Council All Interlocal Agreements and multi-year contracts that have budgetary impacts beyond a departments regular recurring budget authority must be approved by Finance Committee and City Council prior to authorization. Architect and Engineering Services are based on qualifications rather than price. Reference section 2.9 Equipment & supplies Within budget capacity Department Director or designee Not within budget capacity Department Director or designee, after Finance Committee or City Council approval. Any purchase related to technology must be approved by the Information Systems Director (section 2.4) Contract amendments & change orders Amendment/change order value < $50,000 Department Director or designee Amendment/change order value between $50,000 - $100,000 City Manager Amendment/change order value > $100,000 City Manager, authorized by City Council An amendment that brings the total contract value into a higher authorization limit must be approved through the authorized signer process for the higher authorization limit. Example A: a contract for $90,000 was originally signed by the City Manager. A $20,000 contract amendment would bring the total contract value up to $110,000 which would have originally required Council authorization. This amendment would need Council authorization. Example B: A contract for $1,000,000 was originally authorized by City Council. A $20,000 contract amendment can be signed by the Department Moses Lake Council Packet 4-12-22, Page 60 of 257 Contents 1. INTRODUCTION ...................................................... 1 1.2 Code of Ethics (RCW 42.23) ........................... 1 1.3 Conflict of Interest ........................................... 1 1.4 Unauthorized Purchases ................................. 2 1.5 Sustainable Purchasing .................................. 2 1.6 Define the Need .............................................. 2 1.7 Determine the Cost ......................................... 2 1.8 Determining Contract Value ............................ 2 1.9 Exceptions to the Competitive Process........... 3 1.10 Emergency Procurements ............................... 3 2. NEW PROCUREMENT ............................................ 4 2.1 Small Purchases of Goods & Services ........... 4 2.2 State Contracts ................................................ 4 2.3 Large Purchases for Materials, Supplies & Equipment ....................................................... 4 2.4 Technology Purchases .................................... 5 2.5 Public Works ................................................... 5 2.6 Small Works - Limited Public Works Process . 6 2.7 Public Works – Small Works Roster ............... 6 2.8 Public Works – Formal Bid Process ................ 6 2.9 Purchases of Architectural and Engineering (A&E) Services ................................................ 7 2.10 Public Works - Design Build ............................ 7 2.11 Purchases of Professional Services ................ 7 2.12 Purchases of General Services ....................... 8 3. OTHER PROCESSES AND CONSIDERATIONS ... 9 3.1 Request for Proposal (RFP) and Request for Qualifications (RFQ’s) .................................... 9 3.2 Bid Opening Process .................................... 10 3.3 No Bid or Non-Responsive/Responsible Bids or Submittals ................................................. 10 3.4 Rule 171 – Sales Tax Exemptions ................ 11 3.5 Prevailing Wages .......................................... 11 3.6 Retainage ...................................................... 12 4. CONTRACT CONSIDERATIONS .......................... 12 4.1 The Contract ................................................. 12 4.2 Payment Options .......................................... 13 4.3 Contract Executions & Administration .......... 13 4.4 Contract Monitoring – Performance .............. 14 4.5 Contract Monitoring – Payment .................... 14 4.6 Amendments & Change Orders .................... 15 4.7 Contract Close-Out & Termination ................ 15 5. OTHER PURCHASING INFOMATION .................. 16 5.1 Purchase Order Procedures ......................... 16 5.2 Disposal of Surplus Property ........................ 17 5.2 Capital Outlay – Fixed Assets ....................... 17 5.4 Credit Card Policy ......................................... 17 Common Acronyms, Terminology and References ...... 18 Moses Lake Council Packet 4-12-22, Page 61 of 257 1 1. INTRODUCTION 1.1 Purpose of the Policy The Purchasing Policy and Procedures Manual is provided to guide and assist City staff on basic procurement and contracting requirements as set forth in the Washington State statutes, and local policies to ensure the City is receiving maximum value for the products and services received and assure fiscal responsibility in the purchasing process. This Policy establishes guidelines and clarifies the procedures for public work projects; the procurement of professional and personal services, including architectural and engineering design services; the acquisition of supplies, equipment, and materials; and the acquisition of services through competitive negotiation when needed as indicated in the Purchasing Manual Matrix at the beginning of this document. These guidelines do not apply to the acquisition, sale, conveyance, license, or lease of real property. All references to the Revised Code of Washington (RCW) and Federal grant regulations shall be incorporated as part of this policy including all future amendments. It should be understood that anyone purchasing goods or services with Federal or State funds will understand and abide by the purchasing guidelines set forth by the granting agency. In cases where these policies conflict with any State and Federal law or regulations, the terms of that law or regulation prevails. 1.2 Code of Ethics (RCW 42.23) The public must have confidence in the integrity of its government. The purpose of this Code of Ethics is to give guidance to all employees and elected officials so that they may conduct themselves in a manner which will be in the best interest of the City of Moses Lake. It is essential that those doing business with the City observe the following guiding ethical standards: • Actions of City employees shall be impartial and fair. • The City will not accept, donations of materials or services in return for a commitment to continue to initiate a purchasing relationship. • City employees may not solicit, accept, or agree to accept any gratuity for themselves, their families or others that would or could result in personal gain. Purchasing decisions must be made impartially. • The City does not discriminate on the basis of sex, age, race, color, religion, national origin, mental or physical disability, marital, veteran or any other protected status. • To keep confidential all information acquired by reason of one’s position, which may be used for personal or financial gain for the employee or other persons. • City employees shall not accept monetary gifts of any kind: cash, debit/credit cards, refundable vendor gift cards, etc. excluding: non-monetary gifts valued less than $50.00, items received that do not result in personal gain, samples to the City used for general City use.[SJ1][JM2] 1.3 Conflict of Interest City staff or Council Members may not undertake consulting, professional practice or other assignments which would result in a conflict of interest. If a potential conflict of interest exists the employee or Council Member will notify their supervisor, the Mayor and/or City Attorney to determine if the employee or Council Member should continue being involved with the purchase or contract. Personal gifts or gratuities that might influence or give the appearance of influencing the requisition or purchase of material(s) must be declined. City officers, employees, and agents may not participate in the selection, award, or administration of a contract supported by a Federal award if they have a real or apparent conflict of interest. As stated in 2 CFR 200.318(c), such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employees or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officer, employees, and agents of the non-Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Employees violating this section are subject to disciplinary action commensurate with the severity of the violation, ranging from a letter of reprimand to termination of employment. Any instance where a potential conflict of interest may arise must be disclosed in writing by the responsible department to the federal awarding agency or pass-through entity in accordance with applicable Federal awarding agency policy. Moses Lake Council Packet 4-12-22, Page 62 of 257 2 1.4 Unauthorized Purchases Purchases for personal use are not allowed. The person ordering the unauthorized and unjustified purchase is personally liable for the costs of the purchase or contract and may be subject to disciplinary action, up to and including termination. If the purchase was made without proper authorization but is in fact a justified purchase, then the Department Director has the option to approve the purchase after the fact; unauthorized purchases may be subject to disciplinary action, up to and including termination, regardless of after the fact approval. 1.5 Sustainable Purchasing The City shall acquire its goods and services in a manner that complies with all federal and state laws, and other requirements (e.g., City ordinances or resolutions, interlocal agreements). The City shall purchase and use materials, products and services which are fiscally responsible. Fiscal factors to be considered include but are not limited to: lowest total cost; leveraging the City’s buying power; impact on staff time and labor; long-term financial/market changes; technological advances in a rapidly changing market. 1.6 Define the Need The first question that should be answered is what type of purchase is it? The major categories of purchases include: Public Works: (RCW 39.04.010) includes all work; construction; alteration; repair or improvement other than ordinary maintenance, unless such maintenance is contracted out; executed at the cost of the City: • Examples: demolition, remodeling, renovation, road construction, building construction, and utilities construction. • Ordinary maintenance is not specifically defined in this statute but is generally considered to include work not performed by contract and performed on a regular basis to service, check or replace items that are not broken. • For purposes of prevailing wage requirements, public works includes ordinary maintenance when performed by contract. See Section 3.5 discusses prevailing wages. Materials, Supplies and Equipment - Materials, supplies and equipment are considered tangible items which are manufactured and are moveable at the time of purchase. It is important to distinguish between materials, supplies and equipment used in public works contracts as opposed to non-public works contracts as different bidding requirements apply to each. Examples are: office supplies, off the shelf software, hardware, trucks, copy machines, auto parts, gravel, and janitorial supplies. Services: Distinguishing between services and public work is also important, as services may also have different bidding requirements. Services include the labor, time, or effort of a human being. The City has three classifications of services: 1. Professional Services: Services provided by independent consultants that require specialized knowledge, advanced education, professional licensing, or certification and where the primary service provided is mental or intellectual, involving the consistent exercise of judgment and discretion. Examples are: accountants, attorneys, consultants, graphic artists. 2. Architectural and Engineering Services (A&E Services): These services are to be acquired under the authority and procedures outlined in RCW Chapter 39.80. Examples are: engineers, land surveyors, architects, and landscape architects. 3. General Services: All other service-related work that is not considered a public work or professional service. Most often these are routine in nature (i.e.: yearly, monthly, weekly, etc.). Examples are: building maintenance, elevator maintenance, and instructors. 1.7 Determine the Cost Once the need has been defined, the estimated cost of the goods or services will generally determine what competitive selection process will need to be followed. Estimated costs should include: all applicable sales and use taxes, freight, set up, etc., all phases of construction related work (but not engineering or architectural design fees). RCW 35.23.352(1) prohibits splitting public work project costs to avoid the appropriate advertising and bidding requirements. Costs should not include donated materials, labor, supplies, etc. 1.8 Determining Contract Value Contract value refers to the total aggregate value of the contract including all base periods, plus potential renewal periods. • Example #1: A three-year contract for $40,000 per year is considered a $120,000 contract. Moses Lake Council Packet 4-12-22, Page 63 of 257 3 • Example #2: A contract originally routed as a one year $40,000 contract. If a renewal is negotiated for an additional year for another $40,000, the aggregate value of the contract becomes $80,000. • Exception: Hardware/software maintenance agreements are treated as stand-alone agreements and do not need to be aggregated to the original hardware/software purchase agreement. For determining purchasing thresholds of contracts that do not have a stated value (such as mutual benefit contracts), the contract value should be determined based on the gross value of goods or services being provided. 1.9 Exceptions to the Competitive Process Exceptions to the competitive process - Applies to contracts for public works and contracts for purchases, providing Federal or State grant purchasing requirements are met. Exceptions should make good business sense and be in the best interest of the City. In all cases, it is the City’s responsibility to conduct a good faith review of all available providers and determine that the requested vendor is the only applicable provider of such services/items. It is important to note that ONLY the requirement for competitive bidding or advertising is waived. It does not waive any contractual requirements, approvals, or insurance requirements. Exemptions to the Competitive Bidding Requirements as Provided in RCW 39.04.280(1): Type Example Purchases that are clearly and legitimately limited to a single source of supply  Licensed or patented goods or service.  Items that are compatible w/ existing equipment, inventory, systems, programs, or services.  Meets City standards (i.e. meters).  Factory-authorized warranty services.  Meets the specialized need of the City. Purchases involving special facilities or market conditions  Item is of special design, shape or manufacture that matches or fits w/ existing equipment, inventory, systems, programs, or services. Purchases of insurance or bonds  Insurance or bonds. Purchases in urgent need or emergency  See Section 1.10. Certain government to government purchases  If another City provides maintenance service to Moses Lake using their own forces, no competitive bidding requirements arise. However, if the other City contracts with a private company for this service, competitive bid limits would apply. Exemption Process - The reason the non-emergency purchase or contract is exempted from required procedures should be documented prior to the purchase or contract award. Explain what features/knowledge/qualification the vendor can provide that are not available from other sources. Exemptions in emergency situations must be approved by the Department Director or designee and must be documented immediately after the purchase or contract award. The documentation should be kept in the purchase or contract file and is open to public inspection. 1.10 Emergency Procurements For purposes of this section “emergency procurement” means unforeseen circumstances beyond the control of the City that either: (a) present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. Competitive bidding may be waived subject to the following process, (RCW 39.04.280(2)): Emergency Process: • Step 1 – Notify the Department Director or designated Department Manager of emergency. If the Department Director or designated Department Manager determines that an emergency situations exists and a contractor needs to be called in, the Director will notify the City Manager of the situation. • Step 2 – Upon concurrence of the City Manager that an emergency situation exists, and upon the City Manager’s authorization, contractors can be called upon to make necessary repairs. • Step 3 – Department will develop a contract, outlining prevailing wage, bond requirements, and payments schedules. Moses Lake Council Packet 4-12-22, Page 64 of 257 4 • Step 4 – The Department must also prepare written determination of the basis for the emergency. This written determination shall be included in the contract file and entered into the public record no later than two weeks following the award of the contract. • Step 5 – The Department Director will ensure that a description and estimate of the work is published within seven (7) days of commencement of the work (RCW 39.04.020). • Step 6 – Details of the emergency will be presented to the City Council within two weeks (or as soon as practical) following the award of the emergency contract. 2. NEW PROCUREMENT 2.1 Small Purchases of Goods & Services Small purchases are typically goods or services (excluding Public Works) under $10,000 and include memberships, training, etc. These purchases can be made using Purchase Order. Federal grant expenses must follow federal guidelines which may be more restrictive than City policy. See 5.1 for purchase order procedures. Process Allowed Uses Non-Allowed Uses Credit card/ purchase order (see Section 5.4 for the Card Policy) Business related purchases where an account can’t be established or would delay the purchase of a critical item, business travel reservations. Alcohol, capital equipment, cash advance, consulting services, personal items, professional services, businesses where account is established[SJ3][JM4][SJ5][AW6] Purchase order or misc. services Goods and Services at low risk and not otherwise covered under a contract. Example of misc. services: subscriptions, memberships, training 2.2 State Contracts The Washington State Department Enterprise Services (DES) offer existing contracts for goods and services that the City may use. The City has signed the Master Contracts Usage Agreement with DES for the ability access their contracts and encourages the use of these contracts whenever possible. When using a state contract the City, utilizing the State’s competitive process thus eliminating the need for the City to perform one. Purchases made with a State Contract must be approved in the same manner as any other purchase. See the Purchasing Manual Matrix at the beginning of the document for the purchasing approvals requirements. The web site for DES contracts is: http://des.wa.gov/services/contracting-purchasing. Things to consider when purchasing on a State Contract: • Review State contract for participation requirements and work with State buyer. • Contact vendor to verify the vendor will honor State contract pricing. Obtain details of purchase including invoicing, availability, delivery, etc. State contracts include standard terms and conditions. When utilizing a state contract, all of the state contract terms and conditions apply. However, on occasion, the City may opt to change the state’s contract requirements which will require the City to develop its own Purchase Agreement identifying those requirements that are unique to the City’s purchase. A City purchase order will be needed for equipment and supplies purchased through a state contract and may require a State PO as well. See 5.1 for the purchase order procedures. 2.3 Large Purchases for Materials, Supplies & Equipment Any purchase of material, supplies, and equipment, where the cost exceeds $10,000 shall be by written quote, state contract, qualified purchasing cooperative or competitive process. Purchases for supplies, materials and equipment included in the budget shall be approved by the Department Director or designee. Purchases not in the budget must be approved by the City Council. Moses Lake Council Packet 4-12-22, Page 65 of 257 5 Things to consider when making a large purchase for material, supplies & equipment that do not qualify as a public work: • Identify grants funding requirements to follow, if any • Prepare product specifications - warranties, delivery, liquidated damages, etc. • Prepare documents – advertisements, equal opportunity, bid proposal sheet bidder’s checklist, bid bond, etc., as needed • Advertise, publish, and notify – call vendors or advertise in official newspaper, in Daily Journal of Commerce, on internet, email notifications, as appropriate • Prepare addenda if required and notify plan holders and post online • Schedule and conduct bid openings, when needed • Award the bid after determining the lowest, responsible, responsive bidder and prepare council agenda materials, if needed The Purchase Agreement documents: • Contact information for both contractor and city employee. • Bid/Specifications including successful vendor’s required forms submitted at time of bid (e.g.: Non-Collusion, Affidavit of Equal Opportunity, Bid Offer Form, etc.), as appropriate. • City’s Insurance Requirements with successful vendor’s Certificate of Insurance, if appropriate. Document storage & Routing • A copy of the Purchase Agreement documents should be available to the City’s authorized signer to review and in the agenda packet when City Council approval is needed. • Send an electronic copy of the signed multi-year agreements to the City Clerk to record in the city’s Document Center[SJ7][JM8] and an email notification of all new contracts to other impacted departments. 2.4 Technology Purchases[SJ9][JM10][AW11] To purchase telecommunications and data processing (computer) equipment or software the City must determine what is being purchased: is it a service, installation, supply or equipment. If the software, phones, or computers are off the shelf it is most likely a supply or equipment. If a major portion of the software cost is to customize the program for City needs, then the purchase is service. If the purchase involves installation of cable, conduits, and other devices the purchase may be a public works. Each type of purchase has its own purchasing requirements to follow and is discussed throughout Section 2 with the RFP/Q process discussed in Section 3.1. If the purchase is determined to be a public works RCW 39.04.270(3) allows a negotiation process rather than taking the lowest responsive/responsible bidder that is required in a typical public works bid. Departments must work with the Information Technologies Department to purchase both hardware and software, to allow that department to adequately support these technologies. This will help ensure compatibility with the City’s electronic computing systems and will provide a more satisfying and dependable computing experience for the users. All potential acquisitions of electronic computing systems, including workstations, peripherals, and software, must be approved by the Information Systems staff[SJ12][JM13]. This includes acquisitions using grant funds. Prior to the requisition request, the requesting department and/or user must complete the HR Onboarding Request Form at least two weeks in advance of employee hire date. The Information Systems staff will review the request with the requester. If the request is approved, Information Systems will purchase the product on behalf of the requesting department[SJ14][JM15]. Electronic Computing Systems is all information technology (e.g., hardware and. software) owned by the City and used to conduct official business. 2.5 Public Works Public Work – RCW-39.04.010 - "Public work" means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the state or of any municipality, or which is by law a lien or charge on any property therein. Limitations on work by public employees Day Labor Limit - RCW 35.23.352 defines the limits where the City can use their [SJ16][JM17][AW18]own labor force to perform a public work, this limit is currently set at $75,500 for projects including a single craft and $116,155 for projects including multiple crafts. Determining the Cost of a Public Work - The total construction cost of each project must be estimated to correctly apply bid limit dollar amounts to determine if a public works project must be competitively bid. This estimate may be prepared by an outside third party; however, the final cost estimate must be validated by the City. The total construction cost (estimated as if the project were to be bid) is used to make that determination. The estimate shall include materials, supplies, equipment, and labor on the Moses Lake Council Packet 4-12-22, Page 66 of 257 6 construction of that project and applicable sales and use taxes. However, the value of volunteer labor, donated material, or donated equipment need not be included in the cost estimate for a public works project, as these are not a cost to the agency. Bid Splitting - RCW 35.23.352(1) and RCW 39.04.155(4) prohibits the division of a project into units of work or phases of work to avoid the restriction on work that may be performed by day labor on a single project. Small Works Roster - The City of Moses Lake has contracted with Municipal Research and Services Center of Washington (MRSC) for the City’s use of a statewide electronic database for small public works roster and consulting services developed and maintained by MRSC. Access to the Small Works Roster is available: http://www.mrscrosters.org/. At least once a year, on behalf of the City, MRSC publishes in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. Responsible contractors shall be added to the appropriate MRSC roster or rosters at any time that they submit a written request and necessary records. The City may require master contracts to be signed that become effective when a specific award is made using a small works roster. 2.6 Small Works - Limited Public Works Process A work, construction, alteration, repair, or improvement with the project costs estimated to be < $75,500 for a single craft, street signalization or lighting or < $116,155 for a multiple craft project, may negotiate with an individual contractor, but are subject to bonding and retainage requirements. Public Works projects with costs less than $50,000 qualify as a Limited Public Works and may follow the procedures below, waiving retainage and bond requirements (federal/state guidelines prevail). Department will solicit electronic or written quotations from a minimum of three contractors from the appropriate small works roster. Invitation for quotations shall include an estimate of the scope and nature of the work to be performed, materials and equipment to be furnished, and the date, time, and location to return quote. However, detailed plans and specifications need not be included in the invitation. A limit of three electronic or written quotes are required, and the contract shall be awarded to the lowest responsible bidder. Limited Public Works Process: • The City will maintain a list of the contractors contacted and contracts awarded during the previous 24 months under the limited public works process, including contractor name, registration number, amount of contract, brief description of work and date contract awarded. • All contracts shall utilize the City of Moses Lake’s Small Works General Conditions that outlines prevailing wages, retainage, insurance, and other City requirements. • The contract shall be awarded to the lowest responsible bidder and approved in accordance with the Purchasing Policy Matrix. • Send a copy of the unsigned agreement to the City Clerk’s Office with the vendor contact name, title, and email for electronic signature routing and an email notification to other impacted departments. 2.7 Public Works – Small Works Roster When the estimated cost of a public works project is $350,000 or less, the City may follow the Small Works Roster (SWR) process for construction of a public work or improvement in accordance with RCW 39.04.155. Small Works Roster process can be used to obtain quotes/City Council awards quote, Municipal Services accepts the work. Small Works Roster process: • Prepare a bid package that includes the City Small Works General Conditions. • Prepare an advertisement for bids that indicates the estimated project cost, bid opening date, a brief description of the project, and where bid documents can be found. Send advertisement to all contractors on the MRSC Small Works Roster that have indicated that they can perform the type of work being solicited. • The contract shall be awarded to the lowest responsible bidder and approved in accordance with the Purchasing Policy Matrix. • Send a copy of the unsigned agreement to the City Clerk’s Office with the vendor contact name, title, and email for electronic signature routing and an email notification to other impacted departments. 2.8 Public Works – Formal Bid Process Competitive bidding is designed to prevent favoritism in awarding public work contracts and to enable local governments to obtain the best work or supplies at the most reasonable prices. It is also designed to provide a fair forum for bidders and to protect the public interest. Projects with estimated costs equal to or greater than $350,000 must be bid. Moses Lake Council Packet 4-12-22, Page 67 of 257 7 Formal Bid Process: • Department will compile bid package. • The notice to bid is to be published in the official newspaper at least 13 days prior to the date bids are to be received. The notice shall state the nature of the work for which plans and specs will then be on file. • Bids must be sealed and filed within the time specified. • Each bid requires a bid proposal deposit of 5% or more in the form of cashier’s check, postal money order, or surety bond. • Prevailing Wage and Wage Certification form is required. • Public bid opening is required. • City Council approval is required. • Grant funded projects may have additional or stricter bid requirements. • Send a copy of the unsigned agreement to the City Clerk’s Office with the vendor contact name, title, and email for electronic signature routing and an email notification to other impacted departments. 2.9 Purchases of Architectural and Engineering (A&E) Services A&E services are to be acquired under the authority and procedures outlined in chapter RCW 39.80. A&E consultants are initially selected based upon their qualifications, rather than price (see RCW 39.80.050). The City will negotiate a contract with the most qualified firm at a price which the City determines is fair and reasonable. There are two ways to select an A&E firm based upon their qualifications: • Roster/SOQ Review – It is the City’s policy to select three or more consultants from the A&E roster maintained by MRSC in the relevant service category and evaluate their qualifications. When possible, one qualified consultant with a MWDBE classification should be included in the three selected. Documentation of the three reviews is required. • Project Specific RFQ o Use the Consultant Roster to send out RFQ to consultants in the relevant service category. When possible, one qualified consultant with a MWDBE classification should be included. See RFP’s and RFQ’s Section 3.1 for further information. o Advertise the need for project specific consultant services in the official newspaper. This process is required for federally funded projects per the Washington State Department of Transportation Local Agency Guidelines. • Send a copy of the unsigned agreement to the City Clerk’s Office with the vendor contact name, title, and email for electronic signature routing and an email notification to other impacted departments. 2.10 Public Works - Design Build RCW 39.10.300 allows the design-build procedure for public works project where the total project cost is greater than two million dollars under three conditions: the construction activity is highly specialized and the design build approach is critical in developing the construction methodology, the project selected provide opportunity for greater innovation or efficiencies between the designer and the builder, or significant saving in project delivery time would be realized. To utilize the design-build procedure, public agencies must seek certification per RCW 39.10.270. Once certified, cities may use the design-build procedure on individual projects for a period of three years without seeking additional approval. Alternatively, public agencies that are not certified to use design-build can seek certification to use the procedure on individual projects per RCW 39.10.280. Certification of public agencies is managed by the state’s Project Review Committee. This committee works under the Washington State Department of Enterprise Services’ Capital Projects Advisory Review Board. 2.11 Purchases of Professional Services Services provided by contractors that require specialized knowledge, advanced education, professional licensing, or certification and where the primary service provided is mental or intellectual, involving the consistent exercise of judgment and discretion is considered a Professional Service. Moses Lake Council Packet 4-12-22, Page 68 of 257 8 Professional Services are primarily three categories: architectural and engineering (A&E), purchased services and consultants. • A&E is discussed further in Section 2.9 • Purchased services have established or standardized procedures, contribute to daily activities, complete specific assignments, may require payment of prevailing wages and may include: delivery services, artists, landscaping & janitorial services, vehicle maintenance services, HVAC system maintenance, and elevator maintenance • Consultant services is an independent person or firm contracting to perform a service, make a recommendation, or render an opinion without being in the control of the City except as to the result of the work. Consultant service do not include A&E services that have to follow RCW 39.80. The RCW’s do not require the City to follow a competitive process for professional services except for A&E. Contracted services should be evaluated to verify the City is receiving the best service and price reasonably possible. Judgement should be used in determining if a full competitive process should be followed, obtaining three quotes, or staff’s knowledge of the area and the service providers is sufficient to ensure best price & service delivery. Professional Service contract approvals are: up to $50,000 and 5 years term is approved by the Department Director or designee[SJ19][JM20][AW21][AM22] provided there is budget capacity, $50,000 (Public Works) $30,000 (All others) is approved by the City Manager. Contracts or services that could reasonably be defined as carrying out policy provisions in the budget are required to be approved by the City Council regardless of the amount. Contracts of any amount that are not consistent with the adopted budget require prior City Council approval. Contracts in excess of $50,000 are approved by the City Council. Things to consider when contracting for professional services but not A&E: The Professional Services Agreement could include: • Contact information for both contractor and city employee. • City’s Scope of Services. • Consultant’s Proposal. • City’s Standard Insurance Requirements & Consultants insurance certificate. Information and Technology contracts may also include: • Security Addendum, Nondisclosure Agreement, and Technology Resource Usage Policy. Routing • The documents should be available to the City’s authorized signer to review or included in the agenda packet when Council approval is needed. • Send a copy of the unsigned agreement to the City Clerk’s Office with the vendor contact name, title, and email for electronic signature routing and an email notification to other impacted departments. Federal and state laws prohibit contractors to be treated as employees. An Independent Contractor must meet the following six tests established by the Department of Labor & Industries otherwise they are an employee with all the employee benefits and potential penalties if found in non-compliance. • An Independent Contractor is free from substantial control by the employer (e.g., output, scheduling, or resources). • Operates from a site or location not owned by the contracting agency. • Individual is customarily in an established trade or business. • Individual has established an account with the Dept. of Revenue and any other state agency that collects taxes. • Individual is responsible for filing schedules with the IRS. • Individual maintains a separate set of books and records reflecting items of income and expense of his/her business. 2.12 Purchases of General Services All other service-related work that is not considered a public work or professional service. Most often these are routine in nature (i.e.: yearly, monthly, weekly, etc.) The RCW’s do not require a competitive process for the selection of general services, with the exception of the City newspaper. The RCW’s do not require the City to follow a competitive process for professional services except for A&E. Contracted services should be evaluated to verify the City is receiving the best service and price reasonably possible. Judgement should be used in determining if a full competitive process should be followed, obtaining three quotes, or Staff’s knowledge of the area and the service providers is sufficient to ensure best price and service delivery. If a competitive process was determined to be the best option, the RFP or RFQ procedures would be followed in Section 3.1. Moses Lake Council Packet 4-12-22, Page 69 of 257 9 When considering General Services remember that all public works, including maintenance when performed by contract, shall comply with RCW 39.12.020 as it pertains to prevailing wage requirements. According to RCW 39.04.010(4) there are clearly two categories of work that must comply with prevailing wage requirements: (1) Public Works and (2) Maintenance when performed by contract. See the Purchasing Matrix at the beginning of this document for contract approval requirements. Things to consider when contracting for General Services: The General Services Contract may include: • Contact information for both the contractor and city employee. • City’s Scope of Services. • Contractor’s Quote/Proposal. • City’s Standard Insurance Requirements and Consultant’s insurance certificate. Routing • The contract documents should be available to the City’s authorized signer to review or included in the agenda packet when Council approval is needed. • Send a copy of the unsigned agreement to the City Clerk’s Office with the vendor contact name, title, and email for electronic signature routing and an email notification to other impacted departments. Examples of General Services: • Customized accounting software and ongoing support services. • Cemetery, landscaping, building and grounds maintenance contracts. • Contracts for snow and ice removal. • Garbage collection and disposal (Solid waste collection and disposal contracts do not have to be bid. An RFQ/RFP process as noted in RCW 35.21.156 can be used. • Maintenance contracts for office equipment, including computers. • Official newspaper (must call annually for bids per RCW 35.23.352(7)). Comments: • Snow plowing of City streets is not subject to bid laws or prevailing wages. • Fire extinguisher inspection and replacement is subject to prevailing wages but not bid laws. • Services that are for inspection and certification, only, are not Public Works. 3. OTHER PROCESSES AND CONSIDERATIONS 3.1 Request for Proposal (RFP) and Request for Qualifications (RFQ’s) An RFP is a method of soliciting competitive proposals for a defined scope of work. The proposals would normally include factors to measure qualifications, delivery, and service reputation as well as price. Stated another way, an RFP is a formal invitation from the City to a company to submit an offer. The offer is to provide a solution (or proposal) to a problem or need that the City has identified. An RFP is a solicitation process whereby the judgment of the supplier’s experience, qualifications, and solution may take precedence over their cost proposal to the City. Elements of an RFP may include: project background and scope of services; definitions; minimum qualifications; technical requirements (if any); schedule; cost proposal; submittal requirements; evaluation process and criteria; insurance requirements; funding sources (if applicable). An RFQ is a method of soliciting competitive proposals that considers and evaluates companies based on demonstrated competency and qualification rather than price. This process is typically used for A&E services where price is not a consideration. An RFQ will generally result in negotiations. Elements of an RFQ may include: project background and scope of services; project budget and source of funding; schedule; minimum qualifications; submittal requirements; selection process/evaluation criteria. Depending upon the complexity of the project, a typical RFP/Q may take 6-8 weeks to complete. Things to consider when using an RFP or RFQ: Moses Lake Council Packet 4-12-22, Page 70 of 257 10 • Develop draft RFP/RFQ and include; schedule, grant funding requirements, scope of services, qualifications, selection process or evaluation criteria, submittal requirements, proposal validity period, term of contract. • Identify roster category and companies. • Advertise and publish or notify on City’s/MRSC website or email notifications. • Determine the participants to evaluate the RFP’s and/or interview the proposers. • Based on the amount of the service provided get approval to negotiate with the selected proposer(s). 3.2 Bid Opening Process Bid Due Dates - It is important to make the bid submittal time clear in the bid documents. For example, “The bid form will be received up to 3:00:00 p.m. on April 27, 2010. Bids received after the date and hour, based on the time on our clock, will not receive consideration.” For example, if a bid is due at 2:00 p.m., a bid received at: 1:59 p.m. is on time; 2:00 p.m. is on time; however, a bid received at 2:00:01 is late. If a bidder insists on submitting the bid after the time due and leaves it, do not open it. Make a photocopy of the bid envelope with the time stamp, and immediately return the bid by certified mail, return receipt requested. Equal Treatment of Bidders - Avoid giving bidders an advantage to include: not permitting bidders use of private offices and conference space for finalizing bid prices, providing an envelope for bidder to use in sealing the bid, or permitting bidder to use the agency’s telephone, computer, fax, or photocopier. Avoid disclosing the names and numbers of bidders who have submitted bids. Receiving Bids Checklist - Is the bid in writing (no fax, email, telephone or oral bids, the Small Works Roster may have fewer formal requirements); did the bidder attend the mandatory pre-bid meeting, if applicable; is the bid envelope sealed-offer tape if not sealed; is the correct information on the envelope; is the time stamp clear; is the time stamp prior to deadline? All bids received shall be kept in a secure and centralized location not accessible to other bidders. Bids should never be left unattended. Withdrawal & Modification of Bids (unless otherwise specified in contract bid document) - A request to withdraw or modify the bid in advance of the deadline may be received verbally or in writing. If unfamiliar with the bidder, ask for identification. Make a photocopy of the face of the bid envelope, ensuring the bid receipt time shows up on the copy; have the bidder sign the photocopy with the following “Received by (signature, printed name, date, time.); keep the original signed photocopy; remove the bid receipt stamp or cross it out on the face of the bid envelope and return the bid envelope to the bidder; notifying the bidder that if they choose to resubmit the bid, it must be received prior to the bid submittal deadline, and stamped in again with a new time and date stamp, prior to the deadline. Modifying Bids from a Distance (unless otherwise specified in contract bid document) - The bidder may submit additional information modifying a previously submitted bid if the modification is: received in writing; signed by an authorized representative of the bidder; received prior to the bid receipt deadline; in a sealed envelope; clear in stating what prices are being changed. Opening the Bids - Projects following the formal bid process should be opened in a public meeting. Read each bid before opening the next one. Consider using one person to open the bids and the second person to read. The project manager should record the prices on a bid tabulation form. The bids will be evaluated for responsiveness after the bid opening. If a contractor wishes to review the bids after the bid opening, allow only one contractor at a time to review the bids in a monitored environment. Provide a Bid Summary that is available for public review within 24 hours on City website. 3.3 No Bid or Non-Responsive/Responsible Bids or Submittals No Bids or Submittals Received - As provided in RCW 35.23.352(1), in the event the City does not receive any bids or submittals on the first call, the City has three options: 1) re-advertise and make a second call, 2) enter into a contract with any qualified contractor, or 3) purchase the supplies, materials or equipment and perform such work and improvement by day labor (City staff). Before determining which option would best fit, the department should conduct a survey of the registered bidders or proposers or any other known interested parties to determine: 1) why didn’t they submit, 2) was the City’s document too restrictive or too complex, 3) was there ample time to submit, and 4) were there too many open questions before the due date? The City Attorney’s Office may provide additional assistance in determining the best option. Determining Lowest Responsible Bidder - The City shall award the contract for the public works project to the lowest responsible bidder, provided that, whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected, and the City may call for new bids. A responsible bidder shall be a registered and/or licensed contractor who meets the mandatory bidder responsibility criteria established by RCW 39.04.350 and who meets any supplementary criteria established by the City. Check WSDOT standard specification requirements if contract is based on WSDOT. Moses Lake Council Packet 4-12-22, Page 71 of 257 11 Non-Responsive and/or Not-Responsible - The City shall draft bidder responsibility criteria that are based upon clear business reasons and the criteria must not be overly restrictive of the bidding pool. Note that in Washington State, a bidder who objects to the supplemental bidder responsibility criteria may request the City to modify the criteria before the bid submittal deadline. Refer to RCW 39.04.350. Bids may be rejected as non-responsive for multiple reasons including lack of subcontractor’s list when required (for contracts in excess of $1M or contracts of 3 or more trades), insufficient bid guarantees, bids submitted after the deadline, did the bidder qualify the bid and/or lack of acknowledgement of addenda. In general, a material irregularity is required before the bid may be deemed non-responsive which is defined as any variance which provides “a bidder substantial advantage or benefit not enjoyed by others.” In the event the City receives a bid or submittal on the first call but it is deemed non-responsive or non-responsible, the department may consult with the Attorney’s Office to determine whether it is a material or immaterial irregularity. Each project will be evaluated on a case-by-case basis. 3.4 Rule 171 – Sales Tax Exemptions Normally sales tax applies to every sale of tangible personal property (and some services) to all persons, including cities. Thus, for bid limit purposes, the tax must be included when determining the cost of a public work, or when calculating the cost of materials, supplies, and equipment purchases separately from a public work. However, there are some sales and use tax exemptions for certain public work projects. The exemptions include: • Labor and services rendered for the building, repairing, or improving of any street, place, road, highway, easement, right-of-way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle owned by a city or town which is used primarily for pedestrian or vehicle traffic (RCW 82.04.050(10) and WAC 458-20-171). Materials used in constructing these projects are not exempt from the sales and use tax. Private contractors that work on city street projects are exempt under these statues as well. City parking lots are not exempt. • Labor and services for the processing and handling of sand, gravel, and rock taken from city pits and quarries when the material is for publicly owned road projects (RCW 82.08.0275 and WAC 458-20-171). 3.5 Prevailing Wages What are Prevailing Wages? - The Department of Labor and Industries (L&I) requires that workers be paid prevailing wages when employed on all public works, public building service maintenance and contracted maintenance, based upon the classification of labor performed. Prevailing Wages are defined as the hourly wage, usual benefits, and overtime, paid in the largest city in each county, to the majority of workers, laborers, and mechanics. Prevailing wages are established, by L&I, for each trade and occupation employed in the performance of public work. They are established separately for each county and are reflective of local wage conditions. What are the responsibilities of the City when contracting for public works? - The City, in awarding a contract, must make the determination of whether that contract involves “public work” and communicate it to contractors in the bid specifications and contracts. Contractors are not responsible for making the legal determination of whether a contract does or does not meet the definition of a “public works” contract. RCW 39.12.030 requires the City to include the applicable wage rates in the bid documents. If federal funds are involved in the project all bid documents must refer to the Davis-Bacon Act, which requires the wages to be the higher of the federal wage rates for each trade and occupation or Washington State’s wage rates. What provisions must be made for prevailing wage? - Awarding agencies must stipulate in bid specifications and contracts for public work that workers shall receive the prevailing rate of wage. Those documents must also contain a list of the applicable prevailing wage rates. Compliance with the law is not met by referring contractors to the department or other sources to obtain wage rate information. Intents and affidavits of prevailing wages can be found on the Washington State Department of Labor and Industries web site currently at: https://fortress.wa.gov/lni/wagelookup/searchforms.aspx. What are the public building service maintenance contract requirements? - Public building service maintenance (janitorial) contracts of more than one year duration must include wage language recognizing the potential for future variance in applicable prevailing wages each year after the first year of the contract. What are awarding agency requirements when disbursing public funds? - Agencies may not make any payments where contractors have not submitted an Intent to Pay Prevailing Wage form that has been approved by the Industrial Statistician of L&I. Agencies may not release final payment until all contractors have submitted an Affidavit of Wages Paid form that has been certified by the Industrial Statistician of L&I. The requirement to submit these forms should also be stated in the contract. What are the contractor’s filing requirements? - Public work contracts require that every contractor and sub-contractor on the project file the Statement of Intent to Pay Prevailing Wages and Affidavit of Wage Paid forms. Moses Lake Council Packet 4-12-22, Page 72 of 257 12 Is there a minimum contract amount for a contractor to file? - There is no minimum dollar contract amount. That is, Intent and Affidavit forms are required for every public works contract regardless of the size of the contract. When does the contractor file Intent? - The Intent form is filed immediately after the contract is awarded and before work begins if that is possible. The City may not make any payment until contractors have submitted an Intent form certified by the Industrial Statistician. When does the contractor file an Affidavit? - The Affidavit form is not filed until after all the work is complete. The City may not release final payment until all contractors have submitted an Affidavit form that has been certified by the Industrial Statistician. 3.6 Retainage What is the purpose of retainage - According to RCW 60.28.011(1) “Public improvement contracts shall provide, and public bodies shall reserve, a contract retainage not to exceed five percent of the moneys earned as a trust fund for the protection and payment of: (a) The claims of any person arising under the contract; and (b) the state with respect to taxes improved pursuant to Titles 50 (Employment Security Department), Title51 (Labor and Industries), and Title 82 (Department of Revenue). Retainage is not withheld on projects funded in whole or in part by federal transportation funds. Per RCW 39.08.010(3), the city may, at the option of the contractor, retain ten percent of the contract amount in lieu of a bond on contracts of one hundred fifty thousand dollars or less. When can retainage be released - After final acceptance of the project, the retainage may be released after all release notifications have been received from the Department of Revenue, Department of Labor and Industries, and Department of Employment Security. Upon receipt of all releases, the Contracts Coordinator or Project Manager shall notify the Finance Department to release the funds. 4. CONTRACT CONSIDERATIONS 4.1 The Contract The single most important element in the contract is the Scope of Work/Services[SJ23][JM24]. The Scope documents all elements of the work, magnitude of the project and reflects the mutual understanding of the parties. The scope should be consistently applied in the solicitation and the contract. Here are a few things to consider when developing the scope: hold the contractor accountable: be precise; avoid ambiguity; use active voice (i.e., “the Contractor will or shall”); due dates & deliverables. Other considerations when developing the contract are term of contract or period of performance, compensation, and payment. The City’s standard payment terms are the contractors provide monthly invoices to the City and all invoices shall be paid within 30 days of receipt and approval. The bid documents and contracts have record retention requirements that vary depending on the type of purchase or contract and what the funding source is: federal, state, bonds. Even the bid documents from unsuccessful bidders must be kept for a time. It is the Department’s responsibility to know the records retention requirements for their department and should work with the City Clerk on document destruction. Risk Management Considerations: The City enters into numerous contracts throughout the year. These contracts involve risk. City property can be damaged. Employees of the City, contractors, sub-contractors, and suppliers can be injured. Members of the public can be harmed. These and other accidental losses can arise during and as a result of the activities during the contract fulfillment process. The City seeks to transfer responsibility to such events to those with whom it contracts. The City’s approach to contracting is designed and managed so as to avoid undue exposure to risk with exceptions where it makes good business sense. Insurance requirements are completely dependent upon the activity being performed under contract. Which requirements and how much are determined on a case-by-case basis. Certificates of insurance may be required depending on the nature and scope of the work to be performed. For the contractor insurance requirements specific to any project, the Department Director shall consult with the City Manager and City Attorney. Verification of appropriate insurance requirements shall be completed prior to the commencement of work. Any waiver of insurance requirements requires the approval of the City Manager. This may be appropriate in the following situations: Waiving a portion of the Standard Insurance Requirements: Moses Lake Council Packet 4-12-22, Page 73 of 257 13 • Where the contractor is a sole proprietor, the worker’s compensation insurance requirements may be waived. • Where the contractor or its employees will not be using automobiles in the performance of the contract, the business automobile requirement may be waived. Review by City Attorney: All written contracts, bonds, and instruments of every kind and description to which the City shall be a party shall be approved as to form and legality by the City Attorney. 4.2 Payment Options Prior to contract award, payment terms should be identified to determine the most effective compensation method. The most common methods are: Hourly/Time and Materials - The City pays a fixed hourly rate and pays for the cost of certain specific services and/or materials. For certain professions, such as consultants, this is the standard option. Time and materials contracts should have a ceiling amount or a not to exceed amount included. This type of payment term may be used if the City is unable to clearly define the level of effort required to accomplish the objectives. A time and materials contract places most of the risk on the City and little on the contractor and provides no positive profit incentive to the contractor for cost control or labor efficiency. Frequent contract monitoring is required to ensure that the number of hours is kept to a reasonable level. Materials on hand are typically not paid until installed. Larger items could be considered when the items can be secured on site to avoid larger upfront costs by contractor to finance large dollar items (i.e. generator). Fixed or Lump Sum - The contractor receives a fixed amount or lump sum payment based on terms established in the contract. Typically, payment is tied to a completion of agreed upon performance achievements. Other alternatives are possible, such as progress payments made to compensate for activities conducted over the specific period of the contract. This type of contract should generally establish a minimum allowable level of compensation. With this method of compensation, the City may not be required to pay if specific terms in the contract are not met and thus the risk is placed on the contractor. It is critical to word contract specifications carefully to reduce risk of varying interpretations by city and contractors. Cost Reimbursement - A Cost reimbursement method of compensation has a higher risk for the City because it reimburses the contractor for all costs incurred under the terms of the contract. To prevent overpayment, allowable cost provisions should be clearly identified. Contract managers should consider including a contract provision for a maximum allowable compensation level for the contract period and budget. Cost reimbursement contracts generally require more fiscal pre-planning and monitoring than other methods. Performance Based - These contracts are based on attainment of a specific outcome. The rate of compensation is generally negotiated based on cost information provided by the contractor. Generally, performance-based contracts identify the maximum allowable compensation. This allows the City to define the quality of services in terms of performance standard and pay accordingly. Performance based contracts differ from time and materials or fixed price contracts in that if the quantifiable quality of service is low, the payment may be reduced or withheld. This requires a higher level of reporting from the contractor to the City. The contractor primarily assumes the risk because the City does not pay if performance levels are not met. 4.3 Contract Executions & Administration[KK25][AW26] Contract Execution - The contract is fully executed when all authorized parties have signed it. Upon execution, signed copies of the contract should be provided or available to all interested parties including, at a minimum; the contractor, the Project Manager, Contracts Coordinator, and City Clerk. The City Clerk will store the contract in the city’s Document Center. Contract Administration - Contract administration means any activity related to contracting, including the decision to contract, contractor screening, contractor selection, contract preparation, contract monitoring, auditing and post contract follow up. Typical responsibilities of the contract manager include: • Understanding the contract, including the specific contract obligations and performance indicators by which performance will be monitored. • Assessing the risks related to the project before soliciting proposals and contracting to determine the extent of the monitoring required. Moses Lake Council Packet 4-12-22, Page 74 of 257 14 • Ensuring the contractor has a clear understanding of how the contract will be managed and monitored. • Providing the contractor with guidance and technical assistance, as needed, to promote effective contract performance. • Identifying the extent and source of funding for services provided. • Monitoring the contractor’s activities to ensure quality service delivery. Ensuring funding is used only for authorized purposes. • Reviewing invoices and verifying that delivery of services is rendered. • Resolving issues or problems that arise during the contract. • Measuring and tracking satisfaction with contractor performance. • Complying with Federal, State and City rules and regulations. • Documenting the contract to validate that effective contract management has occurred. • Monitoring the term of the contract to ensure timely contract performance, renegotiation if needed, or to not allow for an automatic renewal (if provided for) if the renewal is not needed. Contract managers need to be mindful of not doing the following: • Instructing the contractor to begin work before the contract is executed and approved. • Changing the description, scope, period of performance, or cost of the contract without processing a written amendment. • Directing the contractor to do work that is not specifically described in the contract. If work not described in the original contract is needed, a change order is required. Avoid change orders that go beyond original scope of work. • Signing a contractor’s contract form. This should not happen. • Authorizing payment to the contractor or allowing field changes without change order for any work not performed satisfactorily. • Paying for the same or similar services more than once. 4.4 Contract Monitoring – Performance Monitoring Contract Performance - Monitoring means any planned, ongoing, or periodic activity that measures and ensures contractor compliance with the terms, conditions, and requirements of a contract. The level of monitoring should be based on a risk assessment of the contractor’s role in delivering the services and the contractor’s ability to deliver under the terms of the contract. A weekly statement of days and project schedules should be provided. The purpose of monitoring is to ensure the contractor is: • Complying with the terms and conditions of the contract and applicable laws and regulations. • In compliance with the contract through identifying and resolving potential problems and providing constructive, timely feedback. • Adhering to the project schedule and making appropriate progress toward the expected results and outcomes. • Providing the quality of service expected. Monitoring Activities May Include: • Periodic contractor reporting – Require the contractor to submit progress reports or other appropriate data or reports, based on pre-defined criteria, and review the contractor’s reports for verification of services provided and adherence to the contract. Substandard performance should be identified and addressed timely and appropriately. • Invoice review – Compare billings with the terms agreed upon in the contract. Ensure the costs being charged are within the contract parameters, prevailing wages were paid, if applicable. • Other periodic contact with contractor – On-site visits to maintain contact with the contractor to review progress on a regular basis. Good contract monitoring includes a continuous dialogue with the contractor. • Other grant review requirements – grant agreements may have additional requirements for project or sub- recipient monitoring. 4.5 Contract Monitoring – Payment Reviewing Invoices for Payment - Contract payment is the process by which the contractor submits invoices for reimbursement for services and receives payments. The contract or project manager must carefully review the contractor’s request for payment to verify the accuracy of all charges. Considerations: • If a contract is state or federally funded the review procedures must meet the grant requirements. • Are the hours/costs commensurate with the services or deliverables received? • Is the service period identified on the invoice and were the services rendered prior to contract expiration? Moses Lake Council Packet 4-12-22, Page 75 of 257 15 • Do the rates invoiced match the rates stated in the contract? • Has the necessary documentation been included to verify charges accurately? Is there enough money remaining on the contract? • Reimbursable expenses: travel, mileage; food; miscellaneous expenses If charges are acceptable, the contract manager signs the invoice approving payment. Payment terms are determined by the contractor or vendor and honored by the City. 4.6 Amendments & Change Orders Amendments - Amendments are changes to service contracts. Changes to contracts may be processed as amendments, rather than new contracts, only if the changes are within the general scope of the original contract. Change Orders - A change order is the formal document that alters some condition of the contract documents. After bid opening and prior to execution, no changes should be discussed. The change order may alter the contract price, schedule of payments, completion date, or the plans and specifications. Change Orders are changes to Public Works Agreements and reflect reductions or additions to the work that must be completed to meet the contract requirements and without which the work requested in the original contract could not be completed. If a change order issued is truly due to unforeseen conditions, with no change in the original scope, then a new competitive bid process is not required. These situations should be distinguished from extra work which could stand on its own and is outside and independent of the contract. Appropriate uses of change orders include: Scope – This may include adding, modifying or deleting tasks, services or deliverables, or revising specifications. Changes to scope should be well documented and include any additional costs associated with these changes. Changes that are outside the general scope of the contract are not appropriate to award through contract amendments. Such changes would have the effect of making the work performed substantially different from the work the parties bargained of at the time the original contract was awarded. Cost – If the cost of the contract is increased or decreased, document reasons for change (e.g.: scope changes). Term of Contract/Period of Performance - An extension to the contract end date is the most common change to the period of performance. Minor modifications that do not materially affect the scope or cost of the contract, such as address changes or staff changes do not require a formal amendment but should be documented in writing. Processing Contract Amendments/Change Orders - Oral change orders are risky. Even though the contract documents requirements require all change orders to be in writing, the actions of both the owner’s representative and the contractor can constructively waive that requirement. To protect the City’s interests, all amendments or change orders should be executed in writing prior to the contract period of performance ends and before the contractor begins work as authorized by the amendment. Contract amendment or change order approvals vary depending on the type and amount. Please see the Purchasing Manual Matrix at the beginning of this document for these requirements. 4.7 Contract Close-Out & Termination Contract Termination - Contracts may be terminated prior to the completion date of the contract either for convenience of the parties or for cause. Contact the City Attorney’s Office for guidance when considering a contract termination. All contract terminations should be done in writing and routed through the contract process (refer to the contract for process). Contract Close-Out Process - Invoices that are submitted after contract expiration may still be paid if the invoice or pay estimate clearly shows that services were preformed prior to contract expiration and sufficient funds existed prior to close-out. Note that every effort should be made to process invoices in a timely manner to eliminate delays and extra steps in payment processing. Public Works Close-Out Process for Projects > $35,000 - To close out a project the Project Manager or the Contracts Coordinator can verify that all contractors and sub-contractor have filed their affidavits of prevailing wages on Washington State Department of Labor and Industries web site currently at https://fortress.wa.gov/lni/wagelookup/searchforms.aspx. After the City Council accepts the project/contract as complete a notice of completion of a public works contract form must be filed with the State Department of Labor & Industries for contracts $35,000 and above. Moses Lake Council Packet 4-12-22, Page 76 of 257 16 Once the contract is complete it is critical that the Project Manager complete the close-out process in a timely manner and stay on a schedule. • Project Acceptance Memo 60-day lien period starts from the date of project acceptance. • Council Final Acceptance is prepared by the Project Manager and then the Department Director or Project Manager request’s final acceptance from City Council. • Notice of Completion of Public Works Contract completed and submitted to Department of Labor & Industries by Contract Coordinator or Project Manager after Council acceptance • Employment Security Release Letter received by Contract Coordinator or Project Manager. • Department of Revenue Release Letter received by Contract Coordinator or Project Manager. • Department of Labor & Industries Release Letter received by Contract Coordinator or Project Manager. Final Steps – Releasing Retainage: • Retainage – Once the above-mentioned letters are received the Contract Coordinator or Project Manager will request the finance department to release retainage by PO. • Retainage Bond – Once the above-mentioned letters are received the Contract Coordinator or Project Manager will release the bond, if additional retainage above the bond amount was retained then the retainage release will apply also. • Escrow with bank – Once the above-mentioned letters are received the Contracts Coordinator or Project Manager will request the bank to release the retainage held, if additional retainage above the deposited amount was retained then the additional retainage release will apply also. 5. OTHER PURCHASING INFORMATION 5.1 Purchase Order Procedures When required by a vendor, a Purchase Order (PO) must be obtained prior to a purchase of goods or services (training[SJ27][JM28], memberships, etc.) made by a department. To obtain the PO, authorized personnel in each department will request a quote from the vendor, and once received and reviewed, forward the quote to the department’s administrative assistant to create the PO in the financial management system. Once complete, the administrative assistant will propose the PO in the system, and the manager or department head (depending on the amount) will receive an email notification that the PO is awaiting their review and approval in the system. If the requisition approver is not available to approve, a higher-level supervisor or Division Manager may be able to approve the requisition. All purchase orders clearly instruct the vendor to include the City PO number on all invoices. The invoices with the wrong or no PO number will be set aside until research can be completed which results in the vendor receiving payment later than necessary. All vendors should be directed to mail or email invoices to the Accounts Payable Technician at PO Box 1579 Moses Lake WA 98837, or sjacobs@cityofml.com. Please forward invoices received by the Department immediately to Accounts Payable. Processing: The employee initiating the requisition should have the vendor, quantities, prices descriptions and specifications, make and model number and sizes. At the time the purchase is made, a signed packing slip, bill of sale or receipt must be returned to the department’s manager for approval before being routed to the department’s administrative assistant. The Administration will keep the documents together and compare to the vendor invoice that the order is complete and correct before entering the invoice into the system for payment. At least weekly, purchase orders should be reviewed for completeness by each Department. When it is determined that all or a substantial portion of the items listed on the purchase order have been received, the Departmental employee with authority to do so should: • Approve payment of the purchase by signing the purchase order acknowledging that the items have been received. • Attach the packing slip, receipt or bill of sale, and written quotations (if the quote is necessary to facilitate the purchase) to the PO. Moses Lake Council Packet 4-12-22, Page 77 of 257 17 If the invoice differs substantially from the purchase order, the ordering Department may be required to review and approve the invoice for payment. No payment will be made on any invoice until all goods and/or services billed have been received. 5.2 Disposal of Surplus Property Surplus property is anything and everything that is owned by the City, is tangible, movable (not permanently affixed) and considered either obsolete or of no further use to the City in the foreseeable future. City Resolution 3760 defines the procedures to legally surplus property, however, property purchased with federal funds must follow the procedures established by the awarding agency. 5.3 Capital Outlay – Fixed Assets Contact the Finance Department for additional assistance. A fixed asset is a specific piece of real or personal property which meets all of the following characteristics: • Unit cost of $20,000 or more, including tax, set-up and freight • Infrastructure project costs of $100,000 or more. (Infrastructure assets include roads; bridges; water and sewer systems; drainage systems; lighting systems; and would include a pump house or lift station but would not include a water reservoir or the treatment plant.) • Tangible in nature, possesses physical substance • Expected useful life of greater than five years Inventories, spare parts and maintenance activities will not be considered a capital outlay for financial purposes. Each department shall keep a list and monitor the small and attractive items they purchase. Small and attractive items include cameras, portable computing equipment, high value tools, etc. The department shall ensure that the items listed are inventoried annually and reasonable action taken should any items be missing. When entering a requisition for capital purchases please keep this in mind when selecting the appropriate BARS number to be used. 5.4 Credit Card Policy[AW29] City credit cards will be obtained by the Finance Director and distributed to each Department Director and select designated employee(s) within the Department to use for City purchases. The number of cards requested by departments should be limited to the minimum number of employees essential to effectively conduct City business, thereby limiting the City’s credit card exposure. Cards are requested using the Cardholder Data Collection Form provided by Umpqua Bank. The form is filled out and signed by the designated employee and Human Resources before given to the Accounts Payable technician. The AP Tech uses the form to request a new cardholder on the credit card company’s website, and once complete, a new card for the employee is mailed to the City within the next 2 weeks. Credit limits are determined by Department Directors. City employees use their credit cards in accordance with the guidelines above. (see 2.1) Employees must receive approval before a purchase is made. City employees wishing to use the City credit card for purchases will contact the designated individual within the department and give the name of the vendor, the estimated amount of the purchase and a description of the purchase being made. The transaction will then be entered into a log for ease of reconciliation of the account statement. Receipts are submitted to the department manager for account coding. Once the receipt has been coded, it is given to the administrative assistant for their department who will reconcile the receipts with the monthly statement. When the monthly statement is received by the department, reconciliation must be performed immediately, and all documents forwarded to the Finance Department. Timely payment of the credit card bill is imperative. The individual card holder statements are entered into the financial system as a “Wire Invoice” and then submitted to Accounts Payable for a final audit and approval. The Accounts Payable Technician makes the master statement payments on the credit card providers website electronically on the due date each month. The entry of the individual statements into the system ensures that the system balances with the bank. Authorized uses of the City’s credit cards are: hotel room deposits to hold rooms for authorized official travel on City business; equipment and supply vendors with which the City does not currently have an account, is not expected to have an account, or where the requirements of opening an account would delay a critical purchase or result in less beneficial terms; internet purchases. Refer to the Purchasing Matrix at the beginning of this documents. Cash advances on the City credit card are prohibited. Moses Lake Council Packet 4-12-22, Page 78 of 257 18 Personal charges will not be made with a City credit card. Any charges that cannot be properly identified or which are not appropriate to City policies or regulations shall be paid immediately by the user of the card by cash, check or payroll deduction. Charges to be reimbursed shall include any interest and all other related charges made by the credit card company. Personal charges may be subject to disciplinary action, up to and including termination. Common Acronyms, Terminology and References The following terms are often used interchangeably and typically use these terms as described below: Purchasing is the act, function, and responsibility for the acquisition of equipment, materials, supplies and services. The term describes the process of buying. Procurement includes all functions that pertain to the acquisition, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration. Vendor is typically used when referring to a supplier, one who sells goods, materials, or supplies. Contractor is typically used when referring to a construction or maintenance company. Can also apply to an individual or business having a contract with the City. Consultant is typically used when working on a Professional Service Contract. The term means a person with education and/or experience which uniquely qualifies them to perform some specialized services. Bid is an offer submitted by a contractor in response to an invitation to bid (ITB) or advertisement. Typically, bids result in contracts awarded to the lowest responsive, responsible bidder. Quote is a statement of prices, terms of sale, and description of goods or services offered by a vendor to the City. Commonly used in more informal solicitations. Proposal is the document submitted by the offeror in response to an RFP/Q. Proposals allow contract award based on factors other than cost and may result in negotiations. Acronyms: SOQ – Statement of Qualifications; RFQ – Request for Qualifications; RFP – Request for Proposal; ITB – Invitation to Bid (Formal Bid); ITQ – Invitation to Quote (Small Works); MWDBE – Minority, Women, and Disadvantaged Business Enterprise; CFP – Capital Facilities Plan Workstations are desktop computers, laptops, tablet PCs, etc. that is City owned. Peripherals are all technology related hardware, such as printers, monitors, personal digital assistants (PDA), digital cameras, etc. that connect to or have the potential to connect to the City’s network and/or City workstations. Users include, but is not limited to, city employees, volunteers and consultants who are authorized by the City to access the City’s electronic computing systems. Reference Documents: MRSC City Bidding Book: http://mrsc.org/Home/Publications.aspx This publication provides guidance to all cities/towns and is updated as the RCW’s change and has many useful examples. If use this book as guidance please make sure you are following requirements for the City of Moses Lake. MRSC Contracting for Services: http://mrsc.org/Home/Publications.aspx This publication provides guidance on contracting for services. It includes guidance on selecting architectural and engineering consultants under chapter RCW 39.80 and on contracting for personal and purchased services MRSC Small Works Roster Manual: http://mrsc.org/Home/Publications.aspx MRSC Find Your Contracting Requirements: http://mrsc.org/Home/Research-Tools/Contracting-Requirements.aspx This tool helps local government officials in Washington State identify and understand their statutory legal requirements for purchasing and contracting. DOT Local Agency Guidelines (LAG): http://www.wsdot.wa.gov/Publications/Manuals/M36-63.htm 2 CRF 200 provides guidance on federal purchases & cost principals. If reviewing the RCW’s and WAC’s the City of Moses Lake is a Code City with a population >20,000. Moses Lake Council Packet 4-12-22, Page 79 of 257 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: David Bren, PE, Municipal Services Director Date: April 12, 2022 Proceeding Type: Consent Agenda Subject: Sagecrest Major Plat – Phases 1, 2, and 3 Resolution to Accept Offsite Water and Sewer Improvements. Legislative History: Financial Impact: • First Presentation: February 23, 2021 Budgeted Amount: N/A • Second Presentation: N/A Unbudgeted Amount: • Action: Resolution Total Cost: Overview Hayden Homes, LLC is the developer of the Sagecrest Major Plat subdivision. The subdivision includes approximately 95 single family lots, built in (3) phases, along with improvements being made to Westshore Drive and Hanson Road. Sagecrest phases 1, 2, and 3 have been previously accepted by Council. Only the offsite water and sewer improvements are left for formal acceptance. The offsite water and sewer improvements were constructed under a development agreement, as they included planned City Capital improvements, for an 18” sewer main and 12” water main Westshore Drive. The reimbursement for the work was previously approved by the Council, bonding was posted, and reimbursement was conducted. Staff is requesting Council accept the offsite water and sewer improvements, so that the two-year maintenance bonding period can commence. WESTSHORE DRIVE LOOKING NORTHWEST Moses Lake Council Packet 4-12-22, Page 80 of 257 Page 2 of 2 Fiscal and Policy Implications Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements. A SUBDIVISION MAINTENANCE BOND or other approved security in the amount of $426,749(50% of total costs of $853,498) to the City is required to be provided by the owners for the two-year maintenance period which commences on the date of acceptance of the improvements by the City Council. Council Packet Attachments A. Site Map B. Resolution Finance Committee Review N/A Legal Review: Type of Document Title of Document Date Reviewed by Legal Council • Resolution • Resolution to Accept Improvements Options Option Results • Adopt the resolution as presented The improvements will be accepted • Modify the resolution Action would require staff to bring a revised resolution to Council for consideration. • Take no action. The City will not accept the plat improvements and the maintenance bond period will not begin. Action Requested Staff recommends City Council adopt the resolution as presented, so that the two-year maintenance bonding period can commence. Moses Lake Council Packet 4-12-22, Page 81 of 257 1 2 3 4 5 6 7 8 9 10 11 12 15 16 17 18 13 14 21 20 19 22 31 30 29 28 27 26 25 24 23 32 14 1 2 3 4 5 6 7 8 910 11 12 13 15 16 17 18 19 PHASE 2 PHASE 1PHASE 2 PHASE 1 PHA S E 2 PHA S E 1 PHASE 3 PHASE 2 PHA S E 3 PHA S E 2 PHASE 3 PHASE 2 PARC E L # 3 1 2 7 8 3 0 0 0 DINO A C A C C H I O T TI POPL A R S A N D S C O N D O PHAS E I POPL A R S A N D S COND O P H A S E I I COVE W E S T RESID E N T I A L DEVE L O P M E N T COVE W E S T RESID E N TI A L DEVE L O P M E N T COVE W E S T RESID E N T I A L DEVE L O P M E N T PARC E L #090 6 2 9 4 3 4 JOHN K MILLE RPARCEL #110065200CRITTENDEN EASTPARK LLCPARC E L # 1 1 0 4 7 5 1 6 6 CRITT E N D E N C O N V E R SI O N CORP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15161718 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 HOOP ER D R DOU MI T D R WESTSHORE DR NE PARC E L # 1 1 0 2 4 8 0 0 1 CRITT E N D E N E A S T P A R K LLC COVE WEST DR HOOPER DRHANSEN RDSHIPMASTER CT COV E W E S T D R HOOPER DR HEAVERLO DRDOUMIT DRCOV E W E S T D RWESTSHORE DR NE DOU MIT CT S0° 45' 30"EN89° 38' 59"E N3 4 ° 2 4 ' 3 7 "WN3 4 ° 28 ' 4 4 "W N 4 2 ° 2 7 ' 1 5 "W S89° 14' 30"W S89° 14' 30"W L=3 9.27R=2 5.00 SHEET ID SHEET OF DESIGNED: CHECKED:400 Bradley Blvd, Ste 106Richland, WA 99352509.942.1600PBS Engineering andEnvironmental Inc.pbsusa.com Filename: L:\Projects\66000\66079\66079-008\Civil\CAD\Working\Sheets\66079-008c01.dwg Layout Tab: 66079-008C01 User: Stephanie Garcia CAD Plot Date/Time: 2/17/2021 4:24:46 PMKnow what's below. before you dig.Call R Full Size Sheet Format Is 22x34; If Printed Size Is Not 22x34, Then This Sheet Format Has Been Modified & Indicated Drawing Scale Is Not Accurate.COVER SHEET FOR:SAGECREST - PHASE 3A SUBDIVISION LOCATED IN THE CITY OF MOSES LAKE, WASHINGTONSG/SB JLM JULY 2020 66079.008 1 19 PRELIMINARY SAGECREST - PHASE 3 VICINITY MAP NOT TO SCALE ~MOSES LAKE~ I-90 WESTSHORE DR NEHANSEN RDMAE VALLEY RD NE SOUTH FRONTAGE RD NW SAGE RD LAGUNA DRFAIR W A Y D R N E VALLEY RD NEW LAKESHORE DRSITELOCATED IN THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 29, TOWNSHIP 19 NORTH, RANGE 28 EAST, W.M. OWNER/DEVELOPER: HAYDEN HOMES, LLC. ATTN: BRIAN THORESON 2464 SW GLACIER PL., STE. 110 REDMOND, OR 97756 PHONE: (509) 492-0153 ENGINEER: PBS ATTN: JASON MATTOX, PE 400 BRADLEY BLVD., STE 106 RICHLAND, WA 99352 PHONE: (509) 942-1600 1.COVER SHEET 2.GENERAL NOTES AND LEGENDS 3.GRADING AND EROSION CONTROL PLAN 4.DOUMIT DRIVE PLAN & PROFILE STA 21+50 TO END 5.HOOPER DRIVE PLAN & PROFILE START TO STA 33+00 6.HOOPER DRIVE PLAN & PROFILE STA 33+00 TO STA 36+00 7.HOOPER COURT PLAN & PROFILE START TO END 8.WESTSHORE DR IMPROVEMENTS PLAN & PROFILE START TO STA 75+00 9.WESTSHORE DR IMPROVEMENTS PLAN & PROFILE STA 75+00 TO STA 79+00 10.WESTSHORE DR IMPROVEMENTS PLAN & PROFILE STA 79+00 TO STA 83+50 11.WESTSHORE DR IMPROVEMENTS PLAN & PROFILE STA 83+50 TO STA 87+50 12.WESTSHORE DR IMPROVEMENTS PLAN & PROFILE STA 87+50 TO STA 91+50 13.HANSEN RD IMPROVEMENTS PLAN & PROFILE STA 50+00 TO STA 54+54 14.HANSEN RD IMPROVEMENTS PLAN & PROFILE STA 54+50 TO STA 59+00 15.HANSEN RD IMPROVEMENTS PLAN & PROFILE STA 59+00 TO STA 63+00 16.HANSEN RD IMPROVEMENTS PLAN & PROFILE STA 63+00 TO END 17.CITY DETAIL 18.CITY DETAIL 19.CITY DETAIL SHEET INDEX SURVEYOR: PBS ATTN: ALEX MATARAZZO 400 BRADLEY BLVD., STE 106 RICHLAND, WA 99352 PHONE: (509) 942-1600 APPROVED FOR CONSTRUCTION - CITY ENGINEER DATE BASIS OF BEARINGS: N00°47'26"W BETWEEN THE BRASS CAP MONUMENTS MARKING THE SOUTHWEST 1/4 CORNER OF SECTION 29 AND THE WEST 1/4 CORNER BETWEEN SECTIONS 29 AND 30, WHICH IS IN TURN BASED ON WASHINGTON STATE SOUTH ZONE STATE PLANE BEARINGS. BASIS OF ELEVATION: VERTICAL DATUM IS GPS DERIVED NAVD 88 (91). THE WEST QUARTER CORNER OF SECTION 29, A USBR BRASS CAP, WITH A NAVD 88 ELEVATION OF 1080.96 FEET. CALCULATED POINT ONLY - NO MONUMENT FOUND OR SET FOUND 1/2" REBAR WITH RED CAP. HDJ CONTROL POINT FOUND REBAR FOUND BRASS CAP SURVEY SYMBOL LEGEND: BENCHMARK LISTING: TBM #1 - THE 2.5" U.S.B.R. BRASS CAP MARKING THE QUARTER SECTION OF SECTION 30 AND SECTION 29 OF TOWNSHIP 19 NORTH, RANGE 28 EAST. (ELEVATION = 1080.96) TBM #2 - THE 2" BRASS CAP MONUMENT MARKING THE INTERSECTION OF COVE WEST AND WESTSHORE DRIVE. (ELEVATION = 1059.16) Utility Locate Call 811 2 Business Days Before Digging Scale 1" = 80' 0 40 80 160 AREA OF OFFSITE IMPROVEMENTS AREA OF OFFSITE IMPROVEMENTS Existing 8" Water Line 12X8 Reducer Proposed 12" C900 Water Main 12X8 Cross with (2) 12" Valves 12X8 Cross with (2) 12" Valves Existing 8" Water Line Tie into Existing 8" Water Line with a 12 X 8 Tee 8" Valves 12" Valve 22.5 Bends Stub out 8" Line for future phase. Tie into existing 8" water line with (2) 8" Valves Tie into existing 8" water line with (2) 8" Valves 11.5 Bend 45 degree Bends Moses Lake Council Packet 4-12-22, Page 82 of 257 HANSEN RDPHASE 2 PHASE 1 PHASE 2 PHASE 1 PHA S E 2 PHA S E 1 PHASE 3 PHASE 2 PHA S E 3 PHA S E 2 PHASE 3 PHASE 2 PARC E L # 1102 4 8 0 0 1 CRITT E N D E N EAST P A R K L L C POPL A R S A N D S C O N D O PHAS E I I COVE WEST RESID E N TI A L DEVE L O P M E N T PARC E L # 0 9 0 6 2 9 4 3 4 JOHN K MI L L E R PARC E L #110 0 6 5 2 0 0 CRITT E N D E N EAST P A R K LLC PARC E L # 1 1 0 4 7 5 1 6 6 CRITT E N D E N C O N V E R S I O N CORP EXTG SS WE S T SHOR E DR N E PARC E L # 3 1 2 7 8 3 0 0 0 DINO A C A C C HI O T TI POPL A R S A N D S C O N D O PHAS E I COVE W E S T RESID E N TI A L DEVE L O P M E N T COVE WEST RESID E N TI A L DEVE L O P M E N T SHIPMASTER CT COV E W E S T D R 10' U TIL ESM T (TYP)100'EXT G R/ W 80' EXTG R/W SAGE C R E S T SUBD I VI S I O N 1 2 3 4 5 6 7 8 9 10 11 12 15 16 17 18 13 14 21 20 19 22 31 30 29 28 27 26 25 24 23 32 WORK AREA FAIRWAY DR DOU MI T D R DOUMIT DRHEAVERLO DR HOOPER DR COVE WEST DR PHASE 1 SHEET ID SHEET OF DESIGNED: CHECKED:400 Bradley Blvd, Ste 106Richland, WA 99352509.942.16003%6(QJLQHHULQJDQG(QYLURQPHQWDO,QFSEVXVDFRP Filename: L:\Projects\66000\66079\66079-007\Civil\CAD\Working\Sagecrest_Offsite_Sewer\Sheets\66079-007c01.dwg Layout Tab: 66079-007C01 User: Sonia Barakoti CAD Plot Date/Time: 11/25/2020 12:11:39 PM.QRZZKDWVEHORZ EHIRUH\RXGLJ&DOO R Full Size Sheet Format Is 22x34; If Printed Size Is Not 22x34, Then This Sheet Format Has Been Modified & Indicated Drawing Scale Is Not Accurate.COVER SHEET FOR:SAGECREST OFFSITE SEWERA SUBDIVISION LOCATED IN THE CITY OF MOSES LAKE, WASHINGTONSG/SB JLM NOV 2020 66079-007 1 7 6$*(&5(672))6,7(6(:(5 VICINITY MAP NOT TO SCALE ~MOSES LAKE~ I-90 WESTSHORE DR NEHANSEN RDMAE VALLEY RD NE SOUTH FRONTAGE RD NW SAGE RD LAGUNA DRFAIR W A Y D R N E VALLEY RD NEW LAKESHORE DRSITELOCATED IN THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 29, TOWNSHIP 19 NORTH, RANGE 28 EAST, W.M. OWNER/DEVELOPER: +$<'(1+20(6//& $771˛%5,$17+25(621 ˇ6:*/$&,(53/67( 5('021'25˝ˆˆ˘ˇ 3+21(˛˘˝˝˘ ENGINEER: 3%6 $771˛-$6210$772;3( %5$'/(<%/9'67(ˇ 5,&+/$1':$˝˝˘ 3+21(˛˘˝˝ˇ 1.COVER SHEET 2.OFFSITE WESTSHORE DR SEWER PLAN & PROFILE STA 1+00 TO 4+50 3.OFFSITE WESTSHORE DR SEWER PLAN & PROFILE STA 4+50 TO 9+00 4.OFFSITE WESTSHORE DR SEWER PLAN & PROFILE STA 9+00 TO 13+50 5.OFFSITE WESTSHORE DR SEWER PLAN & PROFILE STA 13+50 TO 18+00 6.OFFSITE COVE WEST DR SEWER PLAN AND PROFILE STA 1+00 TO 3+00 7.DETAILS SHEET INDEX SURVEYOR: 3%6 $771˛$/(;0$7$5$==2 %5$'/(<%/9'67(ˇ 5,&+/$1':$˝˝˘ 3+21(˛˘˝˝ˇ BASIS OF BEARINGS: N00°47'26"W BETWEEN THE BRASS CAP MONUMENTS MARKING THE SOUTHWEST 1/4 CORNER OF SECTION 29 AND THE WEST 1/4 CORNER BETWEEN SECTIONS 29 AND 30, WHICH IS IN TURN BASED ON WASHINGTON STATE SOUTH ZONE STATE PLANE BEARINGS. BASIS OF ELEVATION: VERTICAL DATUM IS GPS DERIVED NAVD 88 (91). THE WEST QUARTER CORNER OF SECTION 29, A USBR BRASS CAP, WITH A NAVD 88 ELEVATION OF 1080.96 FEET. CALCULATED POINT ONLY - NO MONUMENT FOUND OR SET FOUND 1/2" REBAR WITH RED CAP. HDJ CONTROL POINT FOUND REBAR FOUND BRASS CAP SURVEY SYMBOL LEGEND: BENCHMARK LISTING: TBM #1 - THE 2.5" U.S.B.R. BRASS CAP MARKING THE QUARTER SECTION OF SECTION 30 AND SECTION 29 OF TOWNSHIP 19 NORTH, RANGE 28 EAST. (ELEVATION = 1080.96) TBM #2 - THE 2" BRASS CAP MONUMENT MARKING THE INTERSECTION OF COVE WEST AND WESTSHORE DRIVE. (ELEVATION = 1059.16) Utility Locate Call 811 2 Business Days Before Digging Scale 1" = 100' 0 50 100 200 GENERAL CONSTRUCTION NOTES 1.CONSTRUCTION STAKING SHALL BE DONE BY A PROFESSIONAL LAND SURVEYOR AND A COPY OF THE STAKING NOTES SHALL BE PROVIDED TO THE DEVELOPMENT ENGINEER. 2.THE CONTRACTOR SHALL PROVIDE A TRAFFIC CONTROL PLAN FOR WORK WITHIN THE RIGHT-OF-WAY THAT MEETS ALL REQUIREMENTS OF THE MUTCD. THE TRAFFIC CONTROL PLAN SHALL BE PROVIDED TO THE DEVELOPMENT ENGINEER PRIOR TO BEGINNING CONSTRUCTION. 3.THE CONTRACTOR SHALL PERFORM ALL WORK IN ACCORDANCE WITH OSHA AND WISHA SAFETY REGULATIONS. 4.INDICATE THAT ALL WORK SHALL CONFORM TO THE 2018 WSDOT STANDARD SPECIFICATIONS FOR ROAD, BRIDGE, AND MUNICIPAL CONSTRUCTION AS AMENDED BY THE APWA AND THE 2018 CITY OF MOSES LAKE COMMUNITY STREET AND UTILITY STANDARDS. 5.EXISTING UTILITY LOCATIONS AND ELEVATIONS ARE APPROXIMATE AND OTHER UTILITIES MAY EXIST. THE CONTRACTOR SHALL BE RESPONSIBLE FOR EXPLORATION AHEAD OF WORK TO DETERMINE EXACT UTILITY LOCATIONS. ARRANGEMENTS SHALL BE MADE WITH RESPECTIVE UTILITY COMPANIES FOR MOVING, ABANDONING, OR MAINTAINING THEIR RESPECTIVE SERVICES. 6.THE CONTRACTOR SHALL AT ALL TIMES OBSERVE AND COMPLY WITH ALL FEDERAL, STATE, AND LOCAL LAWS, ORDINANCES, AND REGULATIONS WHICH IN ANY MANNER AFFECT THE CONDUCT OR SAFETY OF THE WORK. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO BEGINNING CONSTRUCTION. 7.THE CONTRACTOR SHALL PROVIDE ALL MATERIALS, LABOR, AND EQUIPMENT TO CONSTRUCT AND INSTALL IN PROPER WORKING ORDER, THE DESIGN SHOWN, AS DETAILED OR CALLED OUT IN THESE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL BE FULLY RESPONSIBLE FOR BEING FAMILIAR WITH THE PROVISIONS AND REQUIREMENTS CONTAINED IN THE CITY OF MOSES LAKE COMMUNITY STREET AND UTILITY STANDARDS. MONUMENTATION 1.CONTRACTOR SHALL COORDINATE WITH SURVEYOR SO THAT CENTERLINE MONUMENTS SHALL BE SET AT ALL INTERSECTIONS, CURVE PC'S AND CURVE PT'S. MONUMENTS SHALL CONFORM TO CITY OF MOSES LAKE STANDARD PLAN NO. A-11A, TYPE 1 MONUMENT. SANITARY SEWER CONSTRUCTION 1.SEWER MAINS SHALL BE AIR TESTED AT 5 PSI FOR 5 MINUTES AFTER ALL BACKFILL OPERATIONS ARE COMPLETE. THE CITY SHALL OBSERVE AND VERIFY ALL SEWER MAIN TESTS PRIOR TO ACCEPTANCE. THE CONTRACTOR SHALL PROVIDE 24-HOUR NOTICE TO THE CITY PRIOR TO ALL TESTS. 2.ALL MAINS, SERVICE LATERALS, AND MANHOLES SHALL BE CLEAN AND FREE OF DIRT AND DEBRIS. 3.ALL 18" GRAVITY SEWER PIPE SHALL BE ASTM F679 PS46 PVC PIPE. 8" GRAVITY SEWER PIPE SHALL BE ASTM D3034 SDR 26 PVC PIPE. INSTALLATION SHALL MEET WASHINGTON STATE DEPARTMENT OF ECOLOGY CRITERIA FOR SEWAGE WORKS DESIGN. 4.CONTRACTOR SHALL PROVIDE COMPACTION TESTS IN SEWER MAIN AND SERVICE LINE TRENCH AREAS AS REQUESTED BY THE CITY. 5.THE CONTRACTOR SHALL INSTALL A TEMPORARY SEWER TRAP AT THE DOWNSTREAM MANHOLE TO PREVENT ANY CONSTRUCTION DEBRIS FROM ENTERING THE EXISTING SEWER MAIN DURING CONSTRUCTION. THE CONTRACTOR IS REQUIRED TO PLACE SHIELDS OVER THE MANHOLE CHANNELS DURING CONSTRUCTION. 6.CONTRACTOR RESPONSIBLE TO TELEVISE ALL SEWER MAINS. COPY OF INSPECTION SHALL BE PROVIDED TO CITY OF MOSES LAKE DEVELOPMENT ENGINEERING. HATCHING LEGEND PROPOSED ASPHALT CONCRETE PROPOSED GRAVEL PROPOSED INDEX CONTOUR PROPOSED MINOR CONTOUR EXISTING INDEX CONTOUR EXISTING MINOR CONTOUR RIGHT-OF-WAY LINE EASEMENT LINE CENTERLINE PROPOSED LOT LINE PHASE LINE STREET LIGHT CIRCUIT ELECTRICAL UTILITY TRENCH SANITARY SEWER (SS) MAIN LINE SANITARY SEWER SERVICE STORM DRAIN (SD) LINE WATER MAIN LINE (WL) AND SERVICE EROSION CONTROL FILTER FABRIC FENCE OVERALL PLAT BOUNDARY EXISTING LOT LINE EXISTING SANITARY SEWER MAIN LINE EXISTING STORM DRAIN MAIN LINE EXISTING WATER MAIN LINE EXISTING ELECTRICAL E/T/CE/T/C LINETYPE LEGEND XXX XXX WATER VALVE FIRE HYDRANT BLOW-OFF VALVE WATERLINE BEND FITTING WATER SERVICE METER WATERLINE TEE WITH VALVE WATERLINE CROSS WITH VALVES UTILITY CAP STORM DRAIN DRYWELL (SDDW) SYMBOL LEGEND PROPOSED CEMENT CONCRETE SITE GRADING 1.AREAS TO BE GRADED SHALL BE CLEARED AND GRUBBED. ALL MATERIALS REMOVED FROM THE SITE SHALL BE DISPOSED OF IN A LEGAL MANNER. 2.BORROW AREAS AND AREAS TO RECEIVE STRUCTURAL FILL SHALL BE STRIPPED OF TOPSOILS, DEBRIS, UNCONTROLLED FILL, AND OTHER UNSUITABLE MATERIALS DOWN TO FIRM, NON-ORGANIC NATIVE SOIL. STRIPPED TOPSOIL SHALL BE STOCKPILED FOR LATER DISTRIBUTION ON THE GRADED AREAS. 3.FILL AREAS SHALL BE STRUCTURALLY FILLED FIRST WITH SURPLUS SUITABLE MATERIALS FROM THE STREET EXCAVATION AND THEN WITH SUITABLE MATERIALS FROM OTHER CUT AREAS. SELECT MATERIALS SHALL BE PLACED IN LIFTS NOT TO EXCEED 8". 4.COMPACTION TESTING SHALL BE DONE IN ACCORDANCE WITH ASTM D1557. WITHIN THE RIGHT-OF-WAY, 95% COMPACTION IS REQUIRED. 5.ALL SURFACES SHALL BE GRADED SMOOTH AND FREE OF IRREGULARITIES THAT MIGHT ACCUMULATE SURFACE WATER. 6.ALL FILL MATERIALS SHALL BE LIMITED TO CLEAN SOIL AND GRAVEL. BEFORE BUILDING PERMITS ARE ISSUED FOR ANY LOCATION WITH FILL THE BUILDER SHALL SUBMIT COMPACTION TEST REPORTS IN THE LOCATION OF THE FOOTINGS FOR ANY NEW STRUCTURES. 7.THE OWNER SHALL BE RESPONSIBLE TO HIRE AN INDEPENDENT MATERIALS TESTING COMPANY TO PROVIDE SPECIAL INSPECTION AND TESTING. THE CONTRACTOR SHALL BE REQUIRED TO SCHEDULE AND COORDINATE WITH THE MATERIALS TESTING COMPANY. J D P STORM DRAIN CATCH BASIN (SDCB) SANITARY SEWER CLEANOUT (SSCO) SANITARY SEWER MANHOLE (SSMH) STREET LIGHT (SL) ELECTRICAL DISCONNECT SWITCH ELECTRICAL JUNCTION BOX ELECTRICAL TRANSFORMER ELECTRICAL PEDESTAL SYMBOL LEGEND SH E E T - 0 2 S H E E T - 0 3 S H E E T - 0 4 S H E E T - 0 5 APPROVED FOR CONSTRUCTION - CITY ENGINEER DATE SHEET - 0 6 11/25/2020 Moses Lake Council Packet 4-12-22, Page 83 of 257 22 8" WL1 WESTSHORE DR NE SSMH-W11 144 LF 18" SS 264 LF 18" SS EXTG 18" SSEXTG 18" SS EXTG 8" SSEXTG SS CAP PARCEL # 0 9 1 1 8 7 0 5 0 ZAVALA, TE R E S A PARCEL # 0 9 1 1 8 7 0 0 1 FRED, JOSE P H A & C H R I S T I E PARCEL # 0 9 1 1 8 7 1 0 2 GOTTSCHAL K , E D W A R D A & VERONICA PARCEL # 0 9 1 1 8 7 1 0 1 WEST, CARY S & E L I Z A B E T H J EXTG FENCE LINE (TYP) EXTG 12" WL EXTG 100' R/WEXTG 8" SS (CONC) EXTG PAINT STRIPING EXTG SSMH RIM: 1061.68 EXTG 8" IE IN: 1051.80 (NW) EXTG 8" IE OUT: 1051.70 (OUT) EXTG EOP (TYP) SAGEC R E S T PHASE 1 SAGEC R E S T PHASE 2 COVE WEST DRSSMH-W6 SAGEC R E S T PHASE 1 0+00 1+00 2+00 3+00 4+00 EXTG OVERHEAD POWER POLE (TYP) EXTG EDGE OF GRAVEL EXTG 22.0'ASPHALT18.9'37.8'EXTG IRR VALVE (TYP) S34° 28' 44"E 2 2+13.1 (1.0'LT) STA: 1+00.0 CONSTRUCTION REFERENCE POINT 12.2'LOT LINE (TYP)EXISTING OVERHEAD POWER POLE (TYP) RIGHT-OF-WAY LINE (TYP) PARCEL # 0 9 1 1 8 7 1 0 3 WILSON, GL O R Y S PI 3+57.14 9 10 11 1221 PHASE 1PHASE 2COVE WEST DR13.4'18.1'EXTG 10' UTIL ESMTTO PUD NO.25' EACH SIDE ASINSTALLEDAFN:1273865EXTG 8" SS (CONC)227 LF 8" SS @ S=0.0045E/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CVE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CS34° 53' 27"E S35° 27' 47"E 1 EXISTING GROUND ABOVE SEWER LINE EXTG ELABOVE SS2 EXTG 18" SS CAP IE: 1045.17 EXTG 12" WL 42" TYP42" TYPEXTG 12" WL 1059.01059.71060.31060.51060.91+00 1061.11061.51061.41061.71062.22+00 1062.41062.71062.91063.31063.83+00 1064.31064.71065.01065.31065.74+00 1066.11066.5264 LF 18" PVC PS46 SS @ S=0.0119 (MA X D E P T H 2 0 ' ) SSMH-W11 STA: 3+57.17 (2.2' LT) RIM: 1065.04 FUTURE RIM : 1065.08± 18" IE IN: 1045.72 (NW) 18" IE OUT: 1045.62 (SE) 144 LF 18" PVC P46 SS @ S=0.0012 (MAX DEPTH 18')EXTG 18"SS @ S=0.0012 SSMH-W6 STA: 1+00.00 (0.0' ) RIM: 1060.85 8" IE IN: 1045.69 (SW) 18" IE IN: 1045.31 (NW) 18" IE OUT: 1044.94 (SE) EXTG 18" SS @ S=0.0012 2.11%-0.37% 0.89% 1.22% OFFSITE WESTSHORE DRIVE SEWER 1035 1040 1045 1050 1055 1060 1065 1070 1075 1035 1040 1045 1050 1055 1060 1065 1070 1075 EG ELEVFG ELEVSHEET ID SHEET OF DESIGNED: CHECKED:400 Bradley Blvd, Ste 106Richland, WA 99352509.942.1600PBS Engineering andEnvironmental Inc.pbsusa.com Filename: L:\Projects\66000\66079\66079-007\Civil\CAD\Working\Sagecrest_Offsite_Sewer\Sheets\66079-007c02.dwg Layout Tab: 66079-007C02 User: Sonia Barakoti CAD Plot Date/Time: 11/25/2020 12:13:10 PMKnow what's below. before you dig.Call R Full Size Sheet Format Is 22x34; If Printed Size Is Not 22x34, Then This Sheet Format Has Been Modified & Indicated Drawing Scale Is Not Accurate.OFFSITE WESTSHORE DR SEWER PLAN & PROFILE STA 1+00 TO 4+50SAGECREST OFFSITE SEWERA SUBDIVISION LOCATED IN THE CITY OF MOSES LAKE, WASHINGTONSG/SB JLM NOV 2020 66079-007 2 7APPROVED FOR CONSTRUCTION - CITY ENGINEER DATE 1.SEE SHEET 1 FOR GENERAL CONSTRUCTION NOTES. GENERAL CONSTRUCTION NOTES Scale 1" = 20' Utility Locate Call 811 2 Business Days Before DiggingWESTSHORE DRIVE STA:4+50- SEE SHEET 3KEYED CONSTRUCTION NOTES 1 INSTALL SEWER MANHOLE PER CITY OF MOSES LAKE STANDARD DETAIL C-1. CONTRACTOR SHALL PROVIDE 42"x42"x6" THICK CONCRETE COLLAR AROUND RIM. CONTRACTOR TO FIELD VERIFY DEPTH AND LOCATION PRIOR TO CONSTRUCTION. CONTACT ENGINEER IF DIFFERENT.2 WESTSHORE DRIVE STA:4+50- SEE SHEET 30 10 20 40 11/25/2020 Moses Lake Council Packet 4-12-22, Page 84 of 257 JJJSSMH-W12 400 LF 18" SS 264 LF 18" SS 60 LF 8" PVC SDR-26 SS @6.591% EXTG 8" SS (CONC) EXTG FENCE LINE (TYP) EXTG OVERHEAD POWER POLE (TYP) EXTG 12" WL EXTG OVERHEAD POWER (TYP) 1 EXTG 100' R/WEXTG 8" SS (CONC) EXTG 8" SS (CONC) EXTG EOP (TYP)EXTG MAILBOX EXTG 12" WL EXTG MAILBOX S42° 27' 15"E PARCEL # 3127830 0 0 CACCHIOTTI, DINO A PARCEL # 320047 0 1 2 OESTREICH, STE V E N G ~POPLAR SANDS ~ EXTG TELECOM RISER (TYP) EXTG 10' UTIL ESMT SAGECR E S T PHASE 2 FUTURE SAGECR E S T PHASE 3 WESTSHORE DR NE 5+00 6+00 7+00 8+00 9+00 PI 6+21.30 EXTG STRIPING EXTG EOP (TYP) EXTG EDGE OF GRAVELEXTG 22.0'ASPHALTEX SSMH-W4 STA: 6+21.30 (59.6' RT) RIM: 1069.66 EXTG 8" IE IN: 1053.66 (NW) EXTG 8" IE IN: 1053.63 (N) EXTG 8" IE OUT: 1053.63 (SE) 8" IE OUT: 1053.63 (SW) EXTG UTILITY VAULT EXTG TELECOM RISEREXTG STREET LIGHT (TYP) EXTG TRANSFORMER WITH JUNCTION BOX EXTG TRANSFORMER CABINET EXTG TELECOM RISER (TYP) RIGHT-OF-WAY LINE (TYP) N34° 28' 44"W EXTG ELECTRICAL CROSSING FUTURE LOT LINE FUTURE 10' UTIL ESMT EXTG OVERHEAD POWER POLE (TYP) EXTG EDGE OF GRAVEL S42° 27' 15"E17'PATCH EXTG ROADWAY 2 311.3'19.3'N42°27'15"W15'35'13.53'EXTG WATER VALVE AND CONCRETE COLLAR ~EXI S TI N G DRIV E W A Y ~ ~EXIST I N G DRIVEW A Y ~ PARCEL # 0911871 0 4 LESTER, DONALD L & CYNTHIA S PARCEL # 091187 1 0 3 WILSON, GLORY SPHASE 2PHASE 32 3 4 5 6 1 12 REPLACE AFFECTED ROAD STRIPING PER CITY STANDARDS (TYP) EXTG 10' UTIL ESMT TO PUD NO.2 5' EACH SIDE AS INSTALLED AFN: 1273865 ABANDON LINE EXITING SOUTH OF MANHOLE. PROVIDE PLUG FOR LINE SOUTH.EXTG 8" SS(CONC)STOWE DRPE/T/CVE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CS35° 27' 47"E EXTG ELABOVE SS1066.71067.31067.75+00 1068.41068.61068.91069.31069.56+00 1069.91070.21070.51070.71070.87+00 1070.91071.11071.41071.71072.18+00 1072.51072.81073.01073.4400 LF 18" PVC PS46 SS @ S=0.0012 (MAX DEPTH 24') 264 LF 18" PVC PS46 SS @ S=0.0119 (M A X D E P T H 1 9 ' ) SSMH-W12 STA: 6+21.30 (0.0' ) RIM: 1069.87 FUTURE RIM: 1070.02 ± 18" IE IN: 1048.97 (NW) 8" IE IN: 1049.70 (NE) 18" IE OUT: 1048.87 (SE) 1 EXISTING GROUND ABOVE SEWER LINE EXTG 12" WL 42" TYPOFFSITE WESTSHORE DRIVE SEWER 1040 1045 1050 1055 1060 1065 1070 1075 1040 1045 1050 1055 1060 1065 1070 1075 EG ELEVFG ELEVEXISTING ELECTRICAL CROSSING SHEET ID SHEET OF DESIGNED: CHECKED:400 Bradley Blvd, Ste 106Richland, WA 99352509.942.1600PBS Engineering andEnvironmental Inc.pbsusa.com Filename: L:\Projects\66000\66079\66079-007\Civil\CAD\Working\Sagecrest_Offsite_Sewer\Sheets\66079-007c03.dwg Layout Tab: 66079-007C03 User: Sonia Barakoti CAD Plot Date/Time: 11/25/2020 12:15:18 PMKnow what's below. before you dig.Call R Full Size Sheet Format Is 22x34; If Printed Size Is Not 22x34, Then This Sheet Format Has Been Modified & Indicated Drawing Scale Is Not Accurate.OFFSITE WESTSHORE DR SEWER PLAN & PROFILE STA 4+50 TO 9+00 FOR:SAGECREST OFFSITE SEWERA SUBDIVISION LOCATED IN THE CITY OF MOSES LAKE, WASHINGTONSG/SB JLM NOV 2020 66079-007 3 7APPROVED FOR CONSTRUCTION - CITY ENGINEER DATE 1.SEE SHEET 2 FOR GENERAL CONSTRUCTION NOTES. GENERAL CONSTRUCTION NOTES Scale 1" = 20' 0 10 20 40 WESTSHORE DRIVE STA:9+00 - SEE SHEET 4Utility Locate Call 811 2 Business Days Before DiggingWESTSHORE DRIVE STA:4+50 - SEE SHEET 2KEYED CONSTRUCTION NOTES 1 INSTALL DROP SEWER MANHOLE PER CITY OF MOSES LAKE STANDARD DETAIL C-1. CONTRACTOR SHALL PROVIDE 42"x42"x6" THICK CONCRETE COLLAR AROUND RIM. PROVIDE ASPHALT REPLACEMENT TO AFFECTED ROAD SECTION PER CITY OF MOSES LAKE STANDARDS B-2. CORE EXISTING SEWER MANHOLE FOR NEW 8" SS. SEE CITY OF MOSES LAKE STANDARD SPECIFICATION 7-05.3(3).WESTSHORE DRIVE STA:9+00 - SEE SHEET 4WESTSHORE DRIVE STA:4+50 - SEE SHEET 22 3 11/25/2020 Moses Lake Council Packet 4-12-22, Page 85 of 257 JSSMH-W13 400 LF 18" SS400 LF 18" SS PARCEL # 3 2 0 2 7 5 0 2 7 ARIGA, HIR O Y U K I & B U S A N ~POPLAR S A N D S ~ WESTSHORE DR NE EXTG 12" WL EXTG 8" SS (CONC) EXTG LOT LINE (TYP) EXTG EOP (TYP) EXTG OVERHEAD POWER (TYP) 1 EXTG HYDRANT (TYP) TO BE PROTECTED EXTG 100' R/WEXTG 8" SS (CONC) EXTG SIGN (TYP) EXTG SSMH RIM: 1080.29 EXTG 8" IE IN: 1070.51 (NW) EXTG 8" IE OUT: 1070.49 (SE) EXTG 12" WL FUTURE SAGECRE S T PHASE 3 9+00 10+00 11+00 12+00 13+00 EXTG OVERHEAD POWER POLE (TYP) EXTG TELECOM RISER (TYP) EXTG PAINT STRIPING EXTG EOP (TYP) EXTG EDGE OF GRAVEL EXTG STREET LIGHT (TYP) EXTG SSMH RIM: 1076.41 EXTG 8" IE IN: 1068.33 (NW) EXTG 8" IE IN: 1068.33 (N) EXTG 8" IE OUT: 1068.26 (SE) RIGHT-OF-WAY LINE (TYP)EXTG OVERHEAD POWER POLE (TYP) EXTG STREET SIGN (TYP) S42° 27' 15"E PRIVATE RDEXTG ELECTRICAL CROSSING FUTURE LOT LINE (TYP)EXTG 20.6'ASPHALTEXTG EDGE OF GRAVEL (POPLAR SANDSDEVELOPMENT)PARCEL # 3 2 0 0 4 7 0 1 2 OESTREIC H , S T E V E N G ~POPLAR S A N D S ~19.4'15'N42°27'15"W 15'35'7 8 9 PARCEL # 1 1 0 2 4 8 0 0 1 CRITTEND E N E A S T P A R K L L C EXTG 10' UTIL ESMT TO PUD NO.2 5' EACH SIDE AS INSTALLED AFN: 1273865 ABANDON THE EXISTING MANHOLE, REMOVE CONE AND FILL WITH COMPACTABLE MATERIAL. FILL SHALL BE COMPACTED IN LIFTS ABANDON THE EXISTING MANHOLE, REMOVE CONE AND FILL WITH COMPACTABLE MATERIAL. FILL SHALL BE COMPACTED IN LIFTS.EXTG ELABOVE SSOFFSITE WESTSHORE DRIVE SEWER 1045 1050 1055 1060 1065 1070 1075 1080 1085 1090 1045 1050 1055 1060 1065 1070 1075 1080 1085 1090 EG ELEVFG ELEV1074.21074.51074.81075.21075.410+00 1075.61075.91076.21076.51077.011+00 1077.51077.81078.11078.61079.112+00 1079.41079.61079.91080.31080.913+00 1081.51082.2400 LF 18" PVC PS46 SS @ S=0.0012 (MAX DEPTH 29')400 LF 18" PVC PS46 SS@S=0.0012 (MAX DEPTH 24') EXISTING GROUND ABOVE SEWER LINE EXTG 12" WL 42" TYPSSMH-W13 STA: 10+21.30 (0.0' ) RIM: 1075.60 FUTURE RIM: 1076.51 ± 18" IE IN: 1049.55 (NW) 18" IE OUT: 1049.45 (SE) SHEET ID SHEET OF DESIGNED: CHECKED:400 Bradley Blvd, Ste 106Richland, WA 99352509.942.1600PBS Engineering andEnvironmental Inc.pbsusa.com Filename: L:\Projects\66000\66079\66079-007\Civil\CAD\Working\Sagecrest_Offsite_Sewer\Sheets\66079-007c04.dwg Layout Tab: 66079-007C04 User: Sonia Barakoti CAD Plot Date/Time: 11/25/2020 2:04:44 PMKnow what's below. before you dig.Call R Full Size Sheet Format Is 22x34; If Printed Size Is Not 22x34, Then This Sheet Format Has Been Modified & Indicated Drawing Scale Is Not Accurate.OFFSITE WESTSHORE DR SEWER PLAN & PROFILE STA 9+00 TO 13+50 FOR:SAGECREST OFFSITE SEWERA SUBDIVISION LOCATED IN THE CITY OF MOSES LAKE, WASHINGTONSG/SB JLM NOV 2020 66079-007 4 7APPROVED FOR CONSTRUCTION - CITY ENGINEER DATE 1.SEE SHEET 1 FOR GENERAL CONSTRUCTION NOTES. GENERAL CONSTRUCTION NOTES Scale 1" = 20' 0 10 20 40 WESTSHORE DRIVE STA:13+50 - SEE SHEET 5Utility Locate Call 811 2 Business Days Before DiggingWESTSHORE DRIVE STA:13+50 - SEE SHEET 5WESTSHORE DRIVE STA:9+00 - SEE SHEET 3WESTSHORE DRIVE STA:9+00 - SEE SHEET 3KEYED CONSTRUCTION NOTES 1 INSTALL SEWER MANHOLE PER CITY OF MOSES LAKE STANDARD DETAIL C-1. CONTRACTOR SHALL PROVIDE 42"X42"X6" THICK CONCRETE COLLAR AROUND RIM. 1 11/25/2020 Moses Lake Council Packet 4-12-22, Page 86 of 257 PARCEL # 3 2 0 2 7 5 0 2 7 ARIGA, HI R O Y U K I & B U S A N PARCEL # 1 1 0 2 4 8 0 0 1 CRITTEND E N E A S T P A R K L L C EXTG 8" SS (CONC) EXTG 12" WL WESTSHORE DR NE FAIRWAY DRH A N S E N R D 14+00 15+00 16+00 17+00 17+95 . 0 5 PI 14+21.30 PI 17+33.14 SSMH-W15 EX SSMH-W2 STA: 17+39.78 (17.3' LT) RIM: 1082.25± EXTG 8" IE IN: 1075.25± (W) EXTG 8" IE IN: 1075.50± (N) EXTG 8" IE OUT: 1075.15± (E) EX SSMH-W1 STA: 17+45.20 (30.9' LT) RIM: 1081.95± EXTG 8" IE IN: 1075.58± (SW) EXTG 8" IE OUT: 1075.48± (E) 15 LF± EXTG 8" SS @ S=0.0157 18 LF± EXTG 8" SS @ S=0.0119EXTG 100' R/WEXTG 19.65'ASPHALTS42° 27' 15"E 312 LF 18" S S S83° 41' 03"W N 0 ° 4 5 ' 3 0 "WJS38° 13' 21"E15'19'PARCEL #31121 0 0 0 0 KINCAID II, RAL P H F & L O I S A PARCEL # 1 7 0 8 5 6 0 0 0 HANSEN, J E F F R E Y M & JANA PARCEL #110461000 COBO LLC EXTG 8" SSS33° 51' 06" E EXTG 8 " S S F O R C E M A I N N33°14'43" W EXTG 10' UTIL ESMT TO PUD NO.2 5' EACH SIDE AS INSTALLED AFN: 1273865 EXTG EOP (TYP) EXTG OVERHEAD POWER (TYP)EXTG POWER POLE (TYP) EXTG EOP (TYP) EXTG STREET SIGN (TYP) EXTG SSMH RIM: 1082.81± EXTG 8" IE IN: 1074.06± (NW) EXTG FORCEMAIN IN (SW) EXTG 8" IE OUT: 1073.97± (SE) SAWCUT LINE (TYP) WATER METER (TYP) EXTG STRIPING EXTG EOP (TYP) EXTG EDGE OF GRAVEL EXTG UTILITY VAULT EXTG TELECOM RISER EXTG TRANSFORMER EXTG EDGE OF GRAVEL RIGHT-OF-WAY LINE (TYP) EXTG MONUMENT POINT OF INTERSECTION EXTG MONUMENT POINT OF INTERSECTION 3 EXTG EOP (TYP) EXTG RIGHT OF WAY EXTG ELECTRICAL CROSSING RIGHT OF WAY EXTG UTILITY VAULT (TYP) EXTG EOP (TYP) EXTG 8" FORCE MAIN EXTG MONUMENT POINT OF INTERSECTION EXTG SSMH RIM 1082.20± EXTG 8" IE IN: 1074.63± (W) EXTG 8" IE OUT: 1074.43± (SE) PATCH EXTG ROADWAY 2 EXTG 8" SS (CONC)4 EXTG 8" SS (CONC) 17 LF 18" SS N25° 4 1 ' 2 0 " W EXTG ROAD CL BEARING: N25°41'20"W N25°3 9 ' 3 4 " W N25° 4 1 ' 2 0 " W PROPOSED SEWER BEARING: N25°39'34"W LINE TO ABANDONED ABANDON THE EXISTING MANHOLE, REMOVE CONE AND FILL WITH COMPACTABLE MATERIAL. FILL SHALL BE COMPACTED IN LIFTS. ABANDON THE EXISTING MANHOLE, REMOVE CONE AND FILL WITH COMPACTABLE MATERIAL. FILL SHALL BE COMPACTED IN LIFTS. 22.5° BEND 17' FROM THE VALVE EXTG WL CROSSING EXTG ELABOVE SS1082.71082.41082.614+00 1082.31082.21082.21082.21082.215+00 1082.41082.51082.81083.41083.916+00 1084.21084.41084.41084.31084.017+00 1083.71083.41083.01082.7312 LF 18" PVC PS46 SS @ S=0.0012 (MAX DEPTH 32') EXTG 12" WL 42" TYPEXISTING GROUND ABOVE SEWER LINE 18" STUB WITH CAP END EXISTING WATERLINE CROSSING EXISTING ELECTRICAL CROSSING 3 INTX: HANSEN ROAD &WESTSHORE DRIVESTA: 17+12.69EXTG SSMH-W15 STA: 17+33.14 (0.0' ) RIM: 1083.40 8" IE IN: 1074.93 (W) 18" IE IN: 1050.60 (NW) 18" IE OUT: 1050.50 (SE) 8" IE IN (DROP):1051.36 (W)/ 17 LF 18" PVC PS46 SS @ S=0.0012 (MAX DEPTH 31' AS SHOWN) ± SSMH-W14 STA: 14+21.30 (0.0' ) RIM: 1082.31 18" IE IN: 1050.13 (NW) 18" IE OUT: 1050.03 (SE) OFFSITE WESTSHORE DRIVE SEWER 1045 1050 1055 1060 1065 1070 1075 1080 1085 1090 1045 1050 1055 1060 1065 1070 1075 1080 1085 1090 EG ELEVFG ELEV1 SHEET ID SHEET OF DESIGNED: CHECKED:400 Bradley Blvd, Ste 106Richland, WA 99352509.942.1600PBS Engineering andEnvironmental Inc.pbsusa.com Filename: L:\Projects\66000\66079\66079-007\Civil\CAD\Working\Sagecrest_Offsite_Sewer\Sheets\66079-007c05.dwg Layout Tab: 66079-007C05 User: Sonia Barakoti CAD Plot Date/Time: 11/25/2020 1:57:21 PMKnow what's below. before you dig.Call R Full Size Sheet Format Is 22x34; If Printed Size Is Not 22x34, Then This Sheet Format Has Been Modified & Indicated Drawing Scale Is Not Accurate.OFFSITE WESTSHORE DR SEWER PLAN & PROFILE STA 13+50 TO 18+00 FOR:SAGECREST OFFSITE SEWERA SUBDIVISION LOCATED IN THE CITY OF MOSES LAKE, WASHINGTONSG/SB JLM NOV 2020 66079-007 5 7APPROVED FOR CONSTRUCTION - CITY ENGINEER DATE 1.SEE SHEET 2 FOR OVERALL SITE TYPICAL GENERAL CONSTRUCTION NOTES. GENERAL CONSTRUCTION NOTES Utility Locate Call 811 2 Business Days Before DiggingWESTSHORE DRIVE STA:13+50 - SEE SHEET 4WESTSHORE DRIVE STA:13+50 - SEE SHEET 4KEYED CONSTRUCTION NOTES 1 2 Scale 1" = 20' 0 10 20 40 INSTALL SEWER MANHOLE PER CITY OF MOSES LAKE STANDARD DETAIL C-1. CONTRACTOR SHALL PROVIDE 42"X42"X6" THICK CONCRETE COLLAR AROUND RIM. INSTALL ASPHALT PATCH PER CITY OF MOSES LAKE STANDARD DETAIL B-2. INSTALL SEWER MANHOLE PER CITY OF MOSES LAKE STANDARD DETAIL C-1 WITH OUTSIDE DROP MANHOLE CONNECTION PER CITY OF MOSES LAKE STANDARD DETAIL C-4. STA: 17+35.87 (7.03' RT) - CAP EXISTING SEWER MAIN. 3 4 11/25/2020 Moses Lake Council Packet 4-12-22, Page 87 of 257 E/T/CE/T/CE/T/CE/T/C E/T/C E/T/C E/T/C E/T/C E/T/C E/T/CE/T/CE/T/CE/T/C E/T/C E/T/C E/T/C E/T/C E/T/C E/T/C E/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T /CE/T /C E/T/CE/T/CE/T/CE/T/CE/T/CE/T/C E/T/CE/T/CE/T /C E/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/C E/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CE/T/CJE/T/CE/T/C E/T/C E/T/C E/T/C E/T/C P E/T/C1 2 32CONTRACTOR TO FIELD VERIFY EXISTING SEWER MAIN LINE WEST OF EXISTING SSMH-W1 PRIOR TO CONSTRUCTION. EXTG 8" SS SSMH-H1 1+00 2+00 3+00COVE WEST DR HANSEN RD1 S80° 05' 39"EN3° 03' 59"EABANDON FORCE MAIN AFTER CONNECTION IS MADE TO NEW MANHOLE. GROUT SEAL ALL OPEN ENDS. EXTG 8" SS EXTG SSMH-W1 53+00INTX COVE WEST STA: 1+40.00 = STA: 53+15.46 EXTG ELABOVE SS8" IE IN: 1068.68 ± (S)/ 8" IE IN: 1058.28 (S) (DROP) EXTG 8" IE THRU: 1058.08 (E/W)1079.21079.61079.62+00 1079.21078.41077.41076.3EXTG 8" SS @ S = 0 . 0 2 7 2 EXTG SSMH-W1 STA: 1+44.21 (10.0' LT) RIM: 1078.58 EXTG 8" IE IN: 1057.88 (W) EXTG 8" IE OUT: 1057.78 (E) EXTG 8" SS @ S=0.0050 SSMH-H1 STA: 1+12.26 (10.0' LT) EXTG RIM: 1076.69 COVE WEST DR 1045 1050 1055 1060 1065 1070 1075 1080 1085 1045 1050 1055 1060 1065 1070 1075 1080 1085 EG ELEVFG ELEVEXTG 8" WLINTX HANSEN ROAD &COVE WEST DRIVE STA: 1+40.00SHEET ID SHEET OF DESIGNED: CHECKED:400 Bradley Blvd, Ste 106Richland, WA 99352509.942.1600PBS Engineering andEnvironmental Inc.pbsusa.com Filename: L:\Projects\66000\66079\66079-007\Civil\CAD\Working\Sagecrest_Offsite_Sewer\Sheets\66079-007c06.dwg Layout Tab: 66079-007C06 User: Sonia Barakoti CAD Plot Date/Time: 11/25/2020 2:12:34 PMKnow what's below. before you dig.Call R Full Size Sheet Format Is 22x34; If Printed Size Is Not 22x34, Then This Sheet Format Has Been Modified & Indicated Drawing Scale Is Not Accurate.OFFSITE COVE WEST DR SEWER PLAN AND PROFILE STA 1+00 TO 3+00SAGECREST OFFSITE SEWERA SUBDIVISION LOCATED IN THE CITY OF MOSES LAKE, WASHINGTONSG/SB JLM NOV 2020 66079-007 6 7APPROVED FOR CONSTRUCTION - CITY ENGINEER DATE 1.SEE SHEET 1 FOR GENERAL CONSTRUCTION NOTES. GENERAL CONSTRUCTION NOTES Scale 1" = 20' Utility Locate Call 811 2 Business Days Before Digging KEYED CONSTRUCTION NOTES 1 0 10 20 40 INTERCEPT AND CONNECT EXISTING 8" FORCEMAIN LINE TO A NEW SEWER MANHOLE PER CITY OF MOSES LAKE STANDARD DETAIL C-1 USING OUTSIDE DROP MANHOLE CONNECTION PER CITY OF MOSES LAKE STANDARD DETAIL C-4 WITH 42"x42"x6" CONCRETE COLLAR AROUND RIM. CONTRACTOR TO COORDINATE SHUTDOWN OF FORCEMAIN LINE WITH CITY CREWS PRIOR TO CONSTRUCTION. CONTRACTOR TO FIELD VERIFY DEPTH AND LOCATION OF EXISTING FORCEMAIN PRIOR TO CONSTRUCTION. CONTACT ENGINEER IF DIFFERENT.INTERIOR WALLS AND BASE/INVERTS FOR THE CONCRETE MANHOLE SHALL BE COATED WITH RAVEN 405 EPOXY LINING OR APPROVED EQUAL. INTERIOR CONCRETE SURFACE COATINGS SHOULD CONSIST OF THE FOLLOWING: EPOXY COATING: PRODUCT TYPE AMINE CURED EPOXY COLOR TO BE SELECTED SOLIDS CONTENT (VOL%)100 MIX RATIO 3:1 COMPRESSIVE STRENGTH (PSI)12,000 ASTM D695 TENSILE STRENGTH (PSI)6,500 ASTM D638 TENSILE ELONGATION (VA)1.53% ASTM D638 FLEXURAL MODULUS (PSI)12,000 ASTM D695 HARDNESS (TYPE D)80 ASTM D2240 BOND STRENGTH (CONCRETE) GREATER THAN TENSILE STRENGTH OF CONCRETE (ACHIEVED BY PULL TEST) 11/25/2020 Moses Lake Council Packet 4-12-22, Page 88 of 257 SHEET ID SHEET OF DESIGNED: CHECKED:400 Bradley Blvd, Ste 106Richland, WA 99352509.942.1600PBS Engineering andEnvironmental Inc.pbsusa.com Filename: L:\Projects\66000\66079\66079-007\Civil\CAD\Working\Sagecrest_Offsite_Sewer\Sheets\66079-007c07.dwg Layout Tab: 66079-007C07 User: Sonia Barakoti CAD Plot Date/Time: 11/25/2020 10:42:28 AMKnow what's below. before you dig.Call R Full Size Sheet Format Is 22x34; If Printed Size Is Not 22x34, Then This Sheet Format Has Been Modified & Indicated Drawing Scale Is Not Accurate.DETAILS FOR:SAGECREST OFFSITE SEWERA SUBDIVISION LOCATED IN THE CITY OF MOSES LAKE, WASHINGTONSG/SB JLM NOV 2020 66079-007 7 7 Utility Locate Call 811 2 Business Days Before Digging 11/25/2020 Moses Lake Council Packet 4-12-22, Page 89 of 257 RESOLUTION NO. A RESOLUTION ACCEPTING UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF THE SAGECREST MAJOR PLAT Recitals: 1. City Water and Sewer improvements, lying in dedicated right-of-way or easements, have been installed, inspected, and connected to the City of Moses Lake’s street and utility systems as part of the Sagecrest Major Plat offsite utilities. The project included installing 18” sewer main from Montana Street to the intersection at Fairway Drive and replacing the existing 10” asbestos cement (AC) water main, with a 12” PVC main to meet the requirements of the 2015 Water system comp plan. 2. Said utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards and were completed in October 2021. 3. RCW 35.90.030, indicates that developer installed public street and utility facilities should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. 4. A Subdivision Maintenance Bond shall be provided by the developer for a two-year maintenance period, which commences on the April 12, 2022 resolution date. Resolved: 1. The City Council of the City of Moses Lake accepts the Sagecrest Major Plat street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities, as authorized by ordinance. 2. After April 12, 2022 all operational costs of said street and utility improvements, shall be borne by the City of Moses Lake as provided by city ordinance and subject the required maintenance bond. 3. Subject to final inspection, after April 12, 2024 all further maintenance and operational costs of said street and utility improvements, shall be borne by the City of Moses Lake, as provided by city ordinance. 4. Developer shall provide a two-year maintenance bond in an amount and form acceptable to the City for said street and utility improvements. ACCEPTED by the City Council on April 12, 2022 ______________________________ Dean Hankins, Mayor ATTEST: _______________________________ Debbie Burke, City Clerk Moses Lake Council Packet 4-12-22, Page 90 of 257 Page 1 of 3 STAFF REPORT To: Allison Williams, City Manager From: David Bren, PE, Municipal Services Director Date: April 5, 2022 Proceeding Type: Consent Agenda Subject: Love’s Short Plat Resolution to Accept Plat Improvements and Bonding Legislative History: Financial Impact: • First Presentation: April 12, 2022 Budgeted Amount: N/A • Second Presentation: Unbudgeted Amount: N/A • Action: Motion Total Cost: N/A Overview The platting regulations require all the street and utility improvements installed in right of way and municipal easements to be accepted by City Council or bonded for prior to recording the plat and issuing building permits. The construction plans are required to be reviewed and approved by the City prior to construction. All of the construction work is inspected to assure compliance with the construction plans and city standards. The street and utility improvements in place will serve a six (6) lot commercial Short Plat. As part of the platting process the Developer is responsible for the half width improvements to Sage Road and for the frontage of the plat. Due to the traffic impact to Sage Road the City requested Love’s to develop Sage Road to a level to support heavy truck traffic. Love’s developed Sage Road full width with a pedestrian path on the north side of the Road. The project also included a traffic revision to Laguna Drive to a one-way street southbound near the I-90 on ramp. LOVE’S TRAVEL STOP LOOKING WEST Moses Lake Council Packet 4-12-22, Page 91 of 257 Page 2 of 3 In addition, the Developer was required to extend a 12” PVC water main from Sand Dunes Road west to Idaho Road, North on Idaho Road to the intersection at Prichard Road. The installation of this main allowed the City to abandon an old 6” asbestos cement line still being utilized from the old Town of Westlake. Fiscal and Policy Implications Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements. A SUBDIVISION MAINTENANCE BOND or other approved security in the amount of $366,299.00 (50% of total costs of $672,599.00) to the City is required to be provided by the owners for the two year maintenance period which commences on the date of acceptance of the improvements by the City Council. Council Packet Attachments A. Site Map B. Resolution LAGUNA DRIVE ONE WAY LOOKING NORTH IDAHO ROAD LOOKING NORTH Moses Lake Council Packet 4-12-22, Page 92 of 257 Page 3 of 3 Finance Committee Review N/A Legal Review: Type of Document Title of Document Date Reviewed • Resolution • Resolution to Accept Improvements Options Option Results • Adopt the resolution as presented The improvements will be accepted, and the plat can be completed. • Modify the resolution Action would require staff to bring a revised resolution to Council for consideration. • Take no action. The City will not accept the plat improvements and the plat will not be completed. Action Requested Staff recommends City Council adopt the resolution as presented. Moses Lake Council Packet 4-12-22, Page 93 of 257 NO PARKINGLOADING ZONEDRIVE THRU FFE:1057.00NO PARKINGLOADING ZONERVRVRVRVRVRVRVRVRVRVRVRVRVRVSAGE RDPRICHARD RDSAND DUNE RDIDAHO RDLEGENDSENNIOALF EP R ON D44691IGERSERETSSTATEOFWASHIGINEERG T O NBRANDON L. JOHNS O N SEC. 29, T19N., R28E., W.M.JOB NO:DRAWING FILE NO:DATE:DESIGNER:BYDATEREVISIONSDRAWN BY:SHEET TITLE:OFDRAWING NO:SHEET NO:PROJECT NAME:SEAL:APPROVED BY:LOVE'S TRAVEL STOPSMOSES LAKE, WAZ. SEVERSB. JOHNSONMARCH, 20211398.19120 212 N TOWER AVE, CENTRALIA, WA 98531P: 360.669.0700 F: 360.352.1509SCJALLIANCE.COM3/19/2021CALL BEFORE YOU DIGNOT FORCONSTRUCTIONOVERALL SITE PLAN1398.19 SP-01C3.0K.GANS8SCALE IN FEET050100CONSTRUCTION NOTESMoses Lake Council Packet 4-12-22, Page 94 of 257 RESOLUTION 3894 A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF LOVES SHORT PLAT Recitals: 1. Street and Utility improvements lying in dedicated right-of-way or easements are in place and connected to the City of Moses Lake’s street and utility systems as part of the Love’s Short Plat. The project includes the full width construction of Sage Road with associated curb, gutter, and pedestrian path on the north side of the road, along with a 12” PVC water main from Sand Dune Road to Idaho Road. 2. Said street and utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards and were completed in April 2022. 3. RCW 35.90.030 indicates that developer installed public street and utility facilities should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. 4. A Subdivision Maintenance Bond shall be provided by the developer for a two-year maintenance period which commences on the April 12, 2022. Resolved: 1. The City Council of the City of Moses Lake accepts the Love’s Short Plat street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After April 12, 2022, all operational costs of said street and utility improvements shall be borne by the City of Moses Lake as provided by city ordinance and subject to the required maintenance bond. 3. Subject to final inspection, after April 12, 2024, all further maintenance and operational costs of said street and utility improvements shall be borne by the City of Moses Lake, as provided by city ordinance. 4. Developer shall provide a two-year maintenance bond in an amount and form acceptable to the City for said street and utility improvements. ACCEPTED by the City Council on April 12, 2022. ______________________________ Dean Hankins, Mayor ATTEST: _______________________________ Debbie Burke, City Clerk Moses Lake Council Packet 4-12-22, Page 95 of 257 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Susan Schwiesow, PRCS Director Date: April 6, 2022 Proceeding Type: Consent Agenda Subject: Moses Lake BMX, BMX Track Agreement Resolution Legislative History: Financial Impact: • First Presentation: April 12, 2022 Budgeted Amount: • Second Presentation: Unbudgeted Amount: • Action: Motion Total Cost: Overview In 2003, Moses Lake BMX committee made a presentation to the Parks & Recreation Commission, requesting support for building a dirt BMX track. The track was to be constructed with volunteer workers and community donations. The National BMX organization sent a professional track builder to construct the track with local assistance. The original track was dedicated on April 22, 2006. Over the years, Moses Lake BMX association has run many local, state, regional and national events. The track has been a huge asset to our community. In 2020, the third leg of the track was rebuilt and now the Moses Lake BMX has raised about $10,000 to rebuild the rest of the track. Work will be performed by Lance Maguire of Dirt Trendz who is a contracted builder of all the USABMX national competition tracks along with volunteers from Moses Lake BMX. We look forward to the rebuild of the track and to bring back many state and regional events hosted by Moses Lake BMX. Fiscal and Policy Implications N/A Council Packet Attachments A. Moses Lake BMX, BMX Track Resolution B. Moses Lake BMX, BMX Track Agreement Moses Lake Council Packet 4-12-22, Page 96 of 257 Page 2 of 2 Finance Committee Review N/A Legal Review An agreement between Moses Lake BMX and the City of Moses Lake has been provided by the City Attorney and with Council authorization, the City Manager will sign the agreement. Type of Document Title of Document Date Reviewed Agreement BMX Track Agreement April 5, 2022 Options Option Results • Authorize the City Manager to enter into a contract for services with Moses Lake BMX Association Staff will work with Moses Lake BMX. • Take no action The agreement would not be excuted. Action Requested Staff recommends Council to authorize execution of the agreement with Moses Lake BMX. Moses Lake Council Packet 4-12-22, Page 97 of 257 RESOLUTION 3895 A RESOLUTION OF THE CITY OF MOSES LAKE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MOSES LAKE AND THE MOSES LAKE BMX ASSOCIATION FOR IMPROVEMENTS TO THE BMX TRACK Recitals: 1. The City of Moses Lake (hereafter called "City") is a municipal corporation duly formed and existing under the laws of the State of Washington with City Hall located at 401 S. Balsam Street, Moses Lake, Washington 98837. 2. The Moses Lake BMX Association ("ML BMX") is duly formed and existing as a nonprofit organization under the laws of the State of Washington. 3. The City owns, operates and maintains a public park known as the Moses Lake BMX Track located within the City with common street address known as 610 S. Yakima Ave., Moses Lake, Washington. The Park is operated and managed by the Parks, Recreation & Cultural Services Division of the City. 4. The ML BMX desires to enhance the BMX Track for the benefit of the community by expending up to $10,000 for rebuild of obstacles on the first, second and fourth straights and rebuilding of all three turns. 5. The City is authorized to enter into agreements with community service organizations for the construction of improvements to public parks pursuant to RCW 35.21.278 and other statutes, and desires to enter into this agreement with ML BMX for the design, construction and completion of improvements at the BMX Track. 6. It is in the best interest of the City of Moses Lake to execute the attached agreement. Resolved: 1. The “Recitals” provisions set forth above are hereby incorporated in this Resolution as findings in support of the actions authorized in this Resolution. 2. The City Manager of the City of Moses Lake is hereby authorized and directed to execute and administer the attached and incorporated "Agreement between the City of Moses Lake and the ML BMX for development, maintenance and use of the Moses Lake BMX Track." 3. The provisions of this Resolution shall become effective upon adoption and shall continue until further formal action of the City Council. Moses Lake Council Packet 4-12-22, Page 98 of 257 ADOPTED by the City Council of the City of Moses Lake, Washington, this 12th day of April 2022. ____________________________________ Dean Hankins, Mayor ATTEST: ______________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 4-12-22, Page 99 of 257 Moses Lake Council Packet 4-12-22, Page 100 of 257 Moses Lake Council Packet 4-12-22, Page 101 of 257 Moses Lake Council Packet 4-12-22, Page 102 of 257 Moses Lake Council Packet 4-12-22, Page 103 of 257 Moses Lake Council Packet 4-12-22, Page 104 of 257 Moses Lake Council Packet 4-12-22, Page 105 of 257 STAFF REPORT To: Allison Williams, City Manager From: Kevin Fuhr, Police Chief Date: April 6, 2022 Proceeding Type: Consent Agenda Subject: Axon Enterprise Software Agreement Renewal Legislative History: Financial Impact: • First Presentation: April 12, 2022 Budgeted Amount: $ 8,000 • Second Presentation: Unbudgeted Amount: $15,600 • Action: Motion Total Cost: $23,630 Overview The Moses Lake Police Department entered into a software agreement with Axon Enterprise in 2016 to provide software and cloud storage of our video data from officer body-worn cameras and in-car camera systems. Our previous agreement provided 2T of data and software support for 35 cameras and cost the city approximately $8,000 per year. The new agreement provides for unlimited storage as we are currently using more than 20T of data. It also provides support for 50+ cameras. Our current agreement ends on April 30. The updated agreement would provide the software usage and cloud storage through May 2027. Fiscal and Policy Implications-N/A Council Packet Attachment - Axon Enterprise, Inc. Quote for Services Finance Committee Review-N/A Legal Review N/A Options Option Results • Authorize as presented Allow City Manager to sign the Agreement • Provide staff with changes • Take no action Discontinue partnership with Axon Enterprise, Inc. Action Requested Staff requests Council allow the signing of the Agreement by the City Manager Moses Lake Council Packet 4-12-22, Page 106 of 257 1 Q-373220-44657.620KH Q-373220-44657.620KH Issued: 04/06/2022 Quote Expiration: 04/30/2022 EST Contract Start Date: 05/15/2022 Account Number: 109209 Payment Terms: N30 Delivery Method: Fedex - Ground SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT 411 S Balsam St Moses Lake Police Dept. - WA Kyle Hunt 411 S Balsam St 411 S Balsam St Phone: Phone: (509) 764-3900 Moses Lake, WA 98837-3946 Moses Lake, WA 98837-3946 Email: huntk@axon.com Email: mwilliams@cityofml.com USA USA Fax: (480) 930-4484 Fax: Email: Program Length 60 Months Bundle Savings $0.00 TOTAL COST $118,143.21 Additional Savings $1,154.79 ESTIMATED TOTAL W/ TAX $122,120.04 TOTAL SAVINGS $1,154.79 PAYMENT PLAN PLAN NAME INVOICE DATE AMOUNT DUE Year 1 May, 2022 $23,628.64 Year 2 May, 2023 $23,628.64 Year 3 May, 2024 $23,628.64 Year 4 May, 2025 $23,628.64 Year 5 May, 2026 $23,628.65 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Moses Lake Council Packet 4-12-22, Page 107 of 257 2 Q-373220-44657.620KH Quote Details Bundle Summary Item Description QTY BasicLicense Basic License Bundle 47 ProLicense Pro License Bundle 3 DynamicBundle Dynamic Bundle 1 Bundle: Basic License Bundle Quantity: 47 Start: 5/15/2022 End: 3/31/2027 Total: 40440.21 USD Category Item Description QTY E.com License 73840 EVIDENCE.COM BASIC LICENSE 47 A La Carte Storage 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE-47 Bundle: Pro License Bundle Quantity: 3 Start: 5/15/2022 End: 3/31/2027 Total: 6903 USD Category Item Description QTY E.com License 73746 PROFESSIONAL EVIDENCE.COM LICENSE 3 A La Carte Storage 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE-9 Bundle: Dynamic Bundle Quantity: 1 Start: 5/15/2022 End: 3/31/2027 Total: 70800 USD Category Item Description QTY Other 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 50 Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Moses Lake Council Packet 4-12-22, Page 108 of 257 3 Q-373220-44657.620KH Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Moses Lake Council Packet 4-12-22, Page 109 of 257 4 Q-373220-44657.620KH \s1\\d1\ Signature Date Signed 4/6/2022 Moses Lake Council Packet 4-12-22, Page 110 of 257 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: April 7, 2022 Proceeding Type: Consent Agenda Subject: Well 34 Development - Change Order #1 (GC2021-051) Legislative History: Financial Impact: • First Presentation: April 12, 2022 Budgeted Amount: $ 0 • Second Presentation: Unbudgeted Amount: $ 21,680.00 • Action: Motion Accepting Change Order Total Cost: $ 21,680.00 Overview The Municipal Services and Public Works Departments, in conjunction with Aspect Consulting, have determined that Well 34 would be a strategic and advantageous addition to the City’s water supply system. The well was drilled in April of 2016 but has not yet been fully developed or approved as a municipal water source for the City of Moses Lake. The first steps towards gaining Department of Health approval are: 1. Fully develop the well screen. 2. Complete a step drawdown pump test and constant rate pump test. 3. Test the water quality. 4. Create a licensed hydrologist stamped report documenting the tests. Work for this project began on March 28, 2022. The project originally budgeted 40 hours for the contractor to fully develop the well screen (Step 1 above). This includes surging the well screen with a surge block to clear the sand out of the well. Progress has been made, however the screen is still not fully developed. The contractor could not have predicted in advance how long it would take to fully develop the well screen for Well 34. Moses Lake Council Packet 4-12-22, Page 111 of 257 Page 2 of 2 The well must be fully developed before proceeding further because if the well produces too much sand, the sand will damage the well pump. Surging the well screen for another 40 hours offers best way of completing the well development in order to proceed with the step drawdown test and constant rate pump test (Step 2 Above). However, there is a risk that Well 34 will still not fully develop even after another 40 hours of attempting. But this option is the least costly option, and there is a significant chance that it will succeed. Two alternative options are listed here: 1) Install a new screen in Well 34 and then proceed with the current project. 2) Abandon Well 34 and drill a new well. After the proposed option of continuing to develop the well screen, installing a new screen would be the second most costly option, and abandoning Well 34 would be the most costly option for the City. A disadvantage of another screen is that it would reduce the water flow rate of the well. Fiscal and Policy Implications The Well 34 Pump Test Project Change Order #1 would require unbudgeted funds to be spent. Council Packet Attachment A. GC2021-051 Well 34 Pump Test Project Change Order #1 Finance Committee Review N/A Legal Review N/A Options Option Results • Accept the Change Order Staff will notify the contractor to proceed with the change order. • Reject the Change Order Staff will consider other options to recommend. Action Requested Staff recommends accepting the Well 34 Pump Test Project Change Order #1 for the amount of $21,680. Issues with well development are common, as subsurface conditions are unknown. Well 34 is greatly needed to provide a stable long-term water source on the West side of the lake. Moses Lake Council Packet 4-12-22, Page 112 of 257 Municipal Services Department Change Order Project: Well 34 Pump Test Project Date: April 6th, 2022 Change Order No: 1 Contract No: GC2021-051 Contractor: Empire Well Drilling The following changes are made to the Well 34 Pump Test Project: 1. Item 6 is added for an additional 40 hours of well development using a surge block per the project special provisions section 8-30.1. ITEM NO. DESCRIPTION OF WORK APPROX. QUANTITY UNIT UNIT PRICE AMOUNT Schedule A 6 Well Development 1 LS $20,000.00 $20,000.00 Subtotal $20,000.00 Sales tax 8.4% $1,680.00 Total $21,680.00 ORIGINAL CONTRACT AMOUNT CURRENT CONTRACT AMOUNT ESTIMATED NET CHANGE THIS ORDER ESTIMATED CONTRACT TOTAL AFTER CHANGE $81,300.00 $81,300.00 +$21,680.00 $102,980.00 Moses Lake Council Packet 4-12-22, Page 113 of 257 CONTRACT WORKING DAYS: ORIGINAL CONTRACT WORKING DAYS CURRENT CONTRACT WORKING DAYS NET CHANGE WORKING DAYS NEW CONTRACT WORKING DAYS 25 25 +5 30 Prepared by: ___________________________________ Mark Beaulieu, PE Date Design Engineer City of Moses Lake CONTRACTOR ___________________________________ Beau Anderson Date Title: Owner Empire Well Drilling Checked by: ______________________________ Richard Law, PE Date City Engineer City of Moses Lake CITY OF MOSES LAKE ______________________________ Allison Williams Date City Manager City of Moses Lake Moses Lake Council Packet 4-12-22, Page 114 of 257 Page 1 of 3 STAFF REPORT To: Allison Williams, City Manager From: David Bren, PE, Municipal Services Director Date: April 8, 2022 Proceeding Type: Old Business Subject: Ordinance to Create a Municipal Airport Commission Under RCW 14.08.120 Law Legislative History: Financial Impact: •First Presentation: March 22, 2022 Budgeted Amount: $ 35,000 •Second Presentation: April 12, 2022 Unbudgeted Amount: $165,000 •Action: Motion Total Cost: $200,000 Overview The airport property was deeded to the City in 1947 by Northern Pacific Railroad. From 1994 to 2019 the operations of the Municipal Airport were conducted by a Municipal Airport Commission. In 2018, the City Council changed the structure to an Airport Advisory Board and assigned the management of the Municipal Airport to the Municipal Services Director. Under Ordinance 2972 and codified by MLMC 2.08.830 the Airport Advisory Board is limited to an advisory capacity. In addition, the Municipal Airport has been left without funding or a dedicated Airport Manager and this type of organization is not successful. Therefore, changes in organization and the development of an airpark were discussed at the 3.22.2022 Council Study Session including: OPTION 1: Public Organization under an RCW 14.08.120 Municipal Airport Commission OPTION 2: Public Organization under a Public Development Authority OPTION 3: Public Ownership and Private Airpark Development OPTION 4: Private Ownership and Private Airpark Development Staff received addition comments and feedback at the March 29, 2022, Special Meeting by the Airport Advisory Board and at the March 30, 2022, Special Meeting by the City Council. The comments and feedback are reflected in the options being recommended (See Attachment A). Pages Updated April 8, 2022 Moses Lake Council Packet 4-12-22, Page 115 Page 2 of 3 Fiscal and Policy Implications It is recognized that the Municipal Airport is a valuable long-term facility to the community, just as Parks and Streets are. It is also understood that the Municipal Airport provides for annual business activities (2021 $16 million) that generate tax revenue as well as the lease revenue for the Municipal Airport parcels. OPTION 1 - MUNICIPAL AIRPORT COMMISSION (RECOMMENDED AS FIRST STEP): Staff recommends proceeding with Option 1 first, if and only if, proper funding is provided to FUND 495. The Municipal Airport requires a current minimal annual funding level of $200,000 per year to administer, operate, and maintain. $35,000 per year is generated by the current leases. Therefore, it is proposed to fund the $165,000 annual shortfall for the next 2-years, until the development of the Airpark commences (See Option 3 Below). In order to return the Airport Advisory Board into a more autonomous commission, the Council would need to pass an ordinance (See Attachment B & C). Pursuant to RCW 14.08.120, Council would need to review the authority of the airport commission and adopt additional legislation prescribing the powers and duties of the airport commission and the rules for management, government, and use of the City’s airport properties. OPTION 2 – PUBLIC DEVELOPMENT AUTHORITY (NOT RECOMMENDED): A combination of option 1 and 3 provide the same level of service and authority. In addition, Option 1 and 3 can be provided by existing City processes. OPTION 3 – AIRPARK DEVELOPMENT (RECOMMENDED AT LATER TIME): After the Municipal Airport Commission is operating in good order, then development of the associated Airpark can commence. AIRPARK CONSTRUCTION BY 3-YEAR DEVELOPMENT AGREEMENT: Development proposals will be solicited for the full development of the Airpark in 3-years, which will include the sale of a limited number of lots to make it financially feasible (See Attachment D). AIRPARK PROPERTY MANAGEMENT BY 30-YEAR PRIVATE AGREEMENT: Proposals will be solicited for a property management company to handle all leasing and Hanger Owner Association (HOA) fees. A through the fence agreement will provide long term funding to FUND 495 for the administration, operation, and maintenance of the Airport. OPTION 4 – PRIVATE MANAGEMENT OR OWNERSHIP: Transfer of the Municipal Airport through a long-term lease arrangement with a private manager/operator is an option that would preserve the long-term use of the property as a municipal airport for aviation related uses. Sale of the Municipal Airport to a private party is not recommended as the Airport may not survive complete privatization. This would only be an option of last resort for the City. Pages Updated April 8, 2022 Moses Lake Council Packet 4-12-22, Page 116 Page 3 of 3 Council Packet Attachments A. AIRPORT AND AIRPARK OPTIONS CHART B. RCW 14.08.120 MUNICIPAL AIRPORT COMMISSION C. AIRPORT ORDINANCE MLMC 2.08 D. AIRPORT AND AIRPARK MAP Finance Committee Review N/A Legal Review: Type of Document Title of Document Date Reviewed •Ordinance •Ordinance to Create Municipal Airport Commission April 7, 2022 Options Option Results •Adopt the Ordinance as Presented The Municipal Airport Commission will be created by the Ordinance. •Modify the Ordinance Staff will update the ordinance as directed and bring a revised ordinance to Council for consideration. •Take no action.The City will not create a Municipal Airport Commission. Action Requested Staff recommends City Council adopt the Ordinance as presented. Pages Updated April 8, 2022 Moses Lake Council Packet 4-12-22, Page 117 Airpark Development Options Municipal Airport 4.7.2022 1 PUBLIC AIRPORT (AIRPORT AREAS ONLY) 2 PUBLIC DEVELOPMENT AUTHORITY (PDA) (AIRPORT & AIRPARK AREAS) 3 PRIVATE AGREEMENT (AIRPARK AREAS ONLY) 4 FULLY PRIVATE PRIVATE OWNERSHIP PRIVATE DEVELOPMENT (3-YEAR AGREEMENT) PUBLIC OWNERSHIP MUNICIPAL AIRPORT COMMISSION PUBLIC OWNERSHIP PRIVATE AGREEMENTS OPERATIONS BY COMMISSION PUBLIC DEVELOPMENT AUTHORITY PUBLIC OWNERSHIP PROPERTY MANAGEMENT (30-YEAR AGREEMENT) PRIVATE MANAGEMENT PRIVATE DEVELOPMENT City Controls City Costs City Administration City Operations City Insurance City Legal Council Actions Public Transparency Municipal Airport Zone Overlay City Controls City Costs City Administration City Operations City Insurance City Legal Council Actions Public Transparency Municipal Airport Zone Overlay City Controls City Costs City Administration City Operations City Insurance City Legal Council Actions Public Transparency Municipal Airport Zone Overlay City Controls City Costs City Administration City Operations City Insurance City Legal Council Actions Public Transparency Municipal Airport Zone Overlay Airport Property Covenants OPERATIONS BY PDA STEP1 COMMISSION (FIRST 2-YEARS): Ordinance to create RCW 14.08.120 Municipal Airport Commission. Provide 2-Years of upfront funding. STEP2 AIRPARK DEVELOPER (3-YEARS): Construct an airpark under a 3-Year private development agreement with sale of a limited number of lots. STEP3 PROPERTY MANAGEMENT (30-YEARS): Private property management for leases and Hanger Association Fees. Pages Updated April 8, 2022 Moses Lake Council Packet 4-12-22, Page 118 RCW 14.08.120 Specific powers of municipalities operating airports. (1) In addition to the general powers conferred in this chapter, and without limitation thereof, a municipality that has established or may hereafter establish airports, restricted landing areas, or other air navigation facilities, or that has acquired or set apart or may hereafter acquire or set apart real property for that purpose or purposes is authorized: (a) To vest authority for the construction, enlargement, improvement, maintenance, equipment, operation, and regulation thereof in an officer, a board, or body of the municipality by ordinance or resolution that prescribes the powers and duties of the officer, board, or body; and the municipality may also vest authority for industrial and commercial development in a municipal airport commission consisting of at least five resident taxpayers of the municipality to be appointed by the governing board of the municipality by an ordinance or resolution that includes (i) the terms of office, which may not exceed six years and which shall be staggered so that not more than three terms will expire in the same year, (ii) the method of appointment and filling vacancies, (iii) a provision that there shall be no compensation but may provide for a per diem of not to exceed twenty-five dollars per day plus travel expenses for time spent on commission business, (iv) the powers and duties of the commission, and (v) any other matters necessary to the exercise of the powers relating to industrial and commercial development. The expense of the construction, enlargement, improvement, maintenance, equipment, industrial and commercial development, operation, and regulation are the responsibility of the municipality. (b) To adopt and amend all needed rules, regulations, and ordinances for the management, government, and use of any properties under its control, whether within or outside the territorial limits of the municipality; to provide fire protection for the airport, including the acquisition and operation of fire protection equipment and facilities, and the right to contract with any private body or political subdivision of the state for the furnishing of such fire protection; to appoint airport guards or police, with full police powers; to fix by ordinance or resolution, as may be appropriate, penalties for the violation of the rules, regulations, and ordinances, and enforce those penalties in the same manner in which penalties prescribed by other rules, regulations, and ordinances of the municipality are enforced. For the purposes of such management and government and direction of public use, that part of all highways, roads, streets, avenues, boulevards, and territory that adjoins the limits of any airport or restricted landing area acquired or maintained under the provisions of this chapter is under like control and management of the municipality. Pages Updated April 8, 2022 Moses Lake Council Packet 4-12-22, Page 119 It may also adopt and enact rules, regulations, and ordinances designed to safeguard the public upon or beyond the limits of private airports or landing strips within the municipality or its police jurisdiction against the perils and hazards of instrumentalities used in aerial navigation. Rules, regulations, and ordinances shall be published as provided by general law or the charter of the municipality for the publication of similar rules, regulations, and ordinances. They shall conform to and be consistent with the laws of this state and the rules of the state department of transportation and shall be kept in conformity, as nearly as may be, with the then current federal legislation governing aeronautics and the regulations duly promulgated thereunder and the rules and standards issued from time to time pursuant thereto. (c) To create a special airport fund, and provide that all receipts from the operation of the airport be deposited in the fund, which fund shall remain intact from year to year and may be pledged to the payment of aviation bonds, or kept for future maintenance, construction, or operation of airports or airport facilities. (d) To lease airports or other air navigation facilities, or real property acquired or set apart for airport purposes, to private parties, any municipal or state government or the national government, or any department thereof, for operation; to lease or assign to private parties, any municipal or state government or the national government, or any department thereof, for operation or use consistent with the purposes of this chapter, space, area, improvements, or equipment of such airports; to authorize its lessees to construct, alter, repair, or improve the leased premises at the cost of the lessee and to reimburse its lessees for such cost, provided the cost is paid solely out of funds fully collected from the airport's tenants; to sell any part of such airports, other air navigation facilities or real property to any municipal or state government, or to the United States or any department or instrumentality thereof, for aeronautical purposes or purposes incidental thereto, and to confer the privileges of concessions of supplying upon its airports goods, commodities, things, services, and facilities: PROVIDED, That in each case in so doing the public is not deprived of its rightful, equal, and uniform use thereof. (e) Acting through its governing body, to sell or lease any property, real or personal, acquired for airport purposes and belonging to the municipality, which, in the judgment of its governing body, may not be required for aircraft landings, aircraft takeoffs or related aeronautic purposes, in accordance with the laws of this state, or the provisions of the charter of the municipality, governing the sale or leasing of similar municipally owned property. The municipal airport commission, if one has been organized and appointed under (a) of this subsection, may lease any airport property for aircraft landings, aircraft takeoffs, or related aeronautic Pages Updated April 8, 2022 Moses Lake Council Packet 4-12-22, Page 120 purposes. If there is a finding by the governing body of the municipality that any airport property, real or personal, is not required for aircraft landings, aircraft takeoffs, or related aeronautic purposes, then the municipal airport commission may lease such space, land, area, or improvements, or construct improvements, or take leases back for financing purposes, grant concessions on such space, land, area, or improvements, all for industrial or commercial purposes, by private negotiation and under such terms and conditions that seem just and proper to the municipal airport commission. Any such lease of real property for aircraft manufacturing or aircraft industrial purposes or to any manufacturer of aircraft or aircraft parts or for any other business, manufacturing, or industrial purpose or operation relating to, identified with, or in any way dependent upon the use, operation, or maintenance of the airport, or for any commercial or industrial purpose may be made for any period not to exceed seventy-five years, but any such lease of real property made for a longer period than ten years shall contain provisions requiring the municipality and the lessee to permit the rentals for each five-year period thereafter, to be readjusted at the commencement of each such period if written request for readjustment is given by either party to the other at least thirty days before the commencement of the five-year period for which the readjustment is requested. If the parties cannot agree upon the rentals for the five- year period, they shall submit to have the disputed rentals for the period adjusted by arbitration. The lessee shall pick one arbitrator, and the governing body of the municipality shall pick one, and the two so chosen shall select a third. After a review of all pertinent facts the board of arbitrators may increase or decrease such rentals or continue the previous rate thereof. The proceeds of the sale of any property the purchase price of which was obtained by the sale of bonds shall be deposited in the bond sinking fund. If all the proceeds of the sale are not needed to pay the principal of bonds remaining unpaid, the remainder shall be paid into the airport fund of the municipality. The proceeds of sales of property the purchase price of which was paid from appropriations of tax funds shall be paid into the airport fund of the municipality. (f) To determine the charges or rental for the use of any properties under its control and the charges for any services or accommodations, and the terms and conditions under which such properties may be used: PROVIDED, That in all cases the public is not deprived of its rightful, equal, and uniform use of the property. Charges shall be reasonable and uniform for the same class of service and established with due regard to the property and improvements used and the expense of operation to the municipality. The municipality shall have and may enforce liens, as provided by law for liens and enforcement thereof, for repairs to or improvement or storage or care of any personal property, to enforce the Pages Updated April 8, 2022 Moses Lake Council Packet 4-12-22, Page 121 payment of any such charges. As used in this subsection (1)(f), the term "charges" does not refer to any minimum labor standard imposed by a municipality pursuant to subsection (2) of this section. (g) To impose a customer facility charge upon customers of rental car companies accessing the airport for the purposes of financing, designing, constructing, operating, and maintaining consolidated rental car facilities and common use transportation equipment and facilities which are used to transport the customer between the consolidated car rental facilities and other airport facilities. The airport operator may require the rental car companies to collect the facility charges, and any facility charges so collected shall be deposited in a trust account for the benefit of the airport operator and remitted at the direction of the airport operator, but no more often than once per month. The charge shall be calculated on a per-day basis. Facility charges may not exceed the reasonable costs of financing, designing, constructing, operating, and maintaining the consolidated car rental facilities and common use transportation equipment and facilities and may not be used for any other purpose. For the purposes of this subsection (1)(g), if an airport operator makes use of its own funds to finance the consolidated rental car facilities and common use transportation equipment and facilities, the airport operator (i) is entitled to earn a rate of return on such funds no greater than the interest rate that the airport operator would pay to finance such facilities in the appropriate capital market, provided that the airport operator establish the rate of return in consultation with the rental car companies, and (ii) may use the funds earned under (g)(i) of this subsection for purposes other than those associated with the consolidated rental car facilities and common use transportation equipment and facilities. (h) To make airport property available for less than fair market rental value under very limited conditions provided that prior to the lease or contract authorizing such use the airport operator's board, commission, or council has (i) adopted a policy that establishes that such lease or other contract enhances the public acceptance of the airport and serves the airport's business interest and (ii) adopted procedures for approval of such lease or other contract. (i) If the airport operator has adopted the policy and procedures under (h) of this subsection, to lease or license the use of property belonging to the municipality and acquired for airport purposes at less than fair market rental value as long as the municipality's council, board, or commission finds that the following conditions are met: (i) The lease or license of the subject property enhances public acceptance of the airport in a community in the immediate area of the airport; Pages Updated April 8, 2022 Moses Lake Council Packet 4-12-22, Page 122 (ii) The subject property is put to a desired public recreational or other community use by the community in the immediate area of the airport; (iii) The desired community use and the community goodwill that would be generated by such community use serves the business interest of the airport in ways that can be articulated and demonstrated; (iv) The desired community use does not adversely affect the capacity, security, safety, or operations of the airport; (v) At the time the community use is contemplated, the subject property is not reasonably expected to be used by an aeronautical tenant or otherwise be needed for airport operations in the foreseeable future; (vi) At the time the community use is contemplated, the subject property would not reasonably be expected to produce more than de minimis revenue; (vii) If the subject property can be reasonably expected to produce more than de minimis revenue, the community use is permitted only where the revenue to be earned from the community use would approximate the revenue that could be generated by an alternate use; (viii) Leases for community use must not preclude reuse of the subject property for airport purposes if, in the opinion of the airport owner, reuse of the subject property would provide greater benefits to the airport than continuation of the community use; (ix) The airport owner ensures that airport revenue does not support the capital or operating costs associated with the community use; (x) The lease or other contract for community use is not to a for-profit organization or for the benefit of private individuals; (xi) The lease or other contract for community use is subject to the requirement that if the term of the lease is for a period that exceeds ten years, the lease must contain a provision allowing for a readjustment of the rent every five years after the initial ten-year term; (xii) The lease or other contract for community use is subject to the requirement that the term of the lease must not exceed fifty years; and (xiii) The lease or other contract for community use is subject to the requirement that if the term of the lease exceeds one year, the lease or other contract obligations must be secured by rental insurance, bond, or other security satisfactory to the municipality's board, council, or commission in an amount equal to at least one year's rent, or as consistent with chapter 53.08 RCW. However, the municipality's board, council, or commission may waive the rent security requirement or lower the amount of the rent security requirement for good cause. (j) To exercise all powers necessarily incidental to the exercise of the general and special powers granted in this section. Pages Updated April 8, 2022 Moses Lake Council Packet 4-12-22, Page 123 (2)(a) A municipality that controls or operates an airport having had more than twenty million annual commercial air service passenger enplanements on average over the most recent seven full calendar years that is located within the boundaries of a city that has passed a local law or ordinance setting a minimum labor standard that applies to certain employers operating or providing goods and services at the airport is authorized to enact a minimum labor standard that applies to employees working at the airport, so long as the minimum labor standard meets, but does not exceed, the minimum labor standard in the city's law or ordinance. (b) A municipality's authority to establish a minimum labor standard pursuant to (a) of this subsection may be imposed only on employers that are excluded from the minimum labor standard established by such city because the type of good or service provided by the employer is expressly excluded in the text of the city's law or ordinance. (c) This section does not authorize a municipality to establish a minimum labor standard for an employer who was excluded from the city's law or ordinance because it is a certificated air carrier performing services for itself or based on the employer's size or number of employees. (d) The authority granted under (a) of this subsection shall only apply to employers who provide the goods or services at the airport from facilities that are located on property owned by the municipality and within the boundaries of the city that enacted the minimum labor standard. Pages Updated April 8, 2022 Moses Lake Council Packet 4-12-22, Page 124 ORDINANCE 3003 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE RELATING TO THE MUNICIPAL AIRPORT COMMISSION AND AIRPORT OPERATIONS Recitals: 1. In April 1946, the City Council authorized acquisition of the Municipal Airport property from Northern Pacific Railway (Ordinance 76). 2. The Municipal Airport was operated for years under contract with an Airport Manager. 3. In February 1994, an Airport Commission was established following recommendation of the Airport Manager to establish an Airport Advisory Committee (Ordinance 1612). 4. On April 24, 2018, the City Council reviewed the Airport Commission Operation Agreement and amended the Moses Lake Municipal Code (MLMC) to return the Airport Commission to an advisory board to the City Council (Ordinance 2896). 5. On May 25, 2021, the City Council recodified its ordinances establishing Boards and Commissions in Chapter 2.08 of the MLMC (Ordinance 2972). 6. Chapter 14.08 RCW establishes the rules for governance and operations of a Municipal Airport and a Municipal Airport Commission. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Subsection 2.08.710(B)(4) of the MLMC titled “Municipal Airport CommissionAdvisory Board” is amended as follows: 2.08.710(B)(4) Municipal Airport Advisory Board Commission – Chapter 14.08 RCW Section 2. Section 2.08.830 of the MLMC titled “Municipal Airport Commission Advisory Board Specific Requirements” is amended as follows: 2.08.830 Municipal Airport Advisory Board Specific Requirements: A. CommissionBoard – Established. The Municipal Airport Commission Advisory Board for the City is created and shall consist of five (5) members. With the establishment of the Board, three (3) members were appointed to four (4) year terms and two (2) members were appointed to three (3) year terms. Thereafter, each member shall be appointed to serve a four (4) year term. Pages Updated April 8, 2022 Moses Lake Council Packet 4-12-22, Page 125 B. Membership – Eligibility. All members shall either rent property from the City at the Moses Lake Municipal Airport, or be associated with a business or operation which rents property from the City at the Moses Lake Municipal Airport. A minimum of two (2) members shall be citizens who reside within the corporate limits be resident taxpayers of the City. C. Meetings. The Board Commission shall devote such time as may be necessary to properly discharge all duties devolving upon it. Minutes of all meetings shall be filed with the City Clerk. A meeting of the Board Commission shall be held at least once each month. D. Duties of Board. The Board Commission shall advise the Mayor and City Council, the City Manager and/or his/her designee regarding the following matters relative to the operation of the Moses Lake Municipal Airport: 1. Construction, enlargement, improvement, maintenance, equipment, and operation of the Moses Lake Municipal Airport facilities; 2. Development of a project list and recommendations on the capital needs for the municipal airport; 3. Developing comprehensive and long-range plans for airport development and financing; 4. Adoption and amendment of rules and regulations for the operation and use of the Moses Lake Municipal Airport facilities; 5. Determination of charges or rentals for the use or leasing of any properties owned or under the control of the Moses Lake Municipal Airport and regarding the charges for any services of facilities and the terms and conditions related to the same; 6. Promoting and fostering the development of the Moses Lake Municipal Airport for the benefit of the citizens of the City; and 7. Maintaining liaison with other governmental bodies regarding municipal airport operations and financing. F. Compensation. Refer to MLMC 2.08. Pages Updated April 8, 2022 Moses Lake Council Packet 4-12-22, Page 126 Section 3. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 4. 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, Washington and signed by its Mayor on April 12, 2022. ________________________________________ Dean Hankins, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Hankins Vote: Date Published: April 18, 2022 Date Effective: April 23, 2022 Pages Updated April 8, 2022 Moses Lake Council Packet 4-12-22, Page 127 1920212223242526272829303132333435363738123456789101112131415161718PARKSFUTURE PARKOR OPERATIONSAREA(AS NEEDED)R E S T A U R A N T GATEOPERATIONS62636465666768697071729561605958575655545352514041424344454647484950949392919089878685848382999897961031021011001071061051041083988102GATEGATE 737475767778798081PUBLIC TIE DOWNS YARD FUEL STATION SCALE: 1" = 200'200'100'0200'400'MAP ROTATIONNONEI N C ORPORAT ED 19 3 8 M O S E S L A K E CITY OF PRE L IM INARY MUNICIPAL SERVICES ENGINEERING 321 SOUTH BALSAM MOSES LAKE, WA 98837 MOSES LAKE AIRPORT AND AIRPARK AREAS KEY MAP CITY OF MOSES LAKE, WASHINGTONP2201DCBDCB4.7.202211PUBLIC AIRPORT AND PRIVATE AIRPARK AREASMOSES LAKE AIRPARKKEY MAPPRIVATE AIRPARK SALES AREA12.2 ACRE / 21 LOTSPUBLIC AIRPORT AREA32.6 ACREPRIVATE RESTAURANT SALES AREA3.2 ACREPRIVATE AIRPARK LEASE AREA40.2 ACRE / 86 LOTSAIRPARKOPTION 1AIRPORTAIRPARKAIRPARKOPTION 3THROUGH THEFENCE AGREEMENTPages Updated April 8, 2022Moses Lake Council Packet 4-12-22, Page 128 Page 1 of 3 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: April 7, 2022 Proceeding Type: Old Business Subject: Purchase of Airport Fuel System Motion to Authorize Purchase with CARB Loan Legislative History: Financial Impact: •First Presentation: April 12, 2022 Budgeted Amount: $ 149,467.00 •Second Presentation: Unbudgeted Amount: $ 0.00 •Action: Motion Total Cost: $ 149,467.00 Overview The Airport Advisory Board has recommended the purchase of an Airport Fuel System to provide consistent 24-Hour fuel service. A low interest WSDOT Community Aviation Revitalization Board (CARB) loan for $175,000 was previously accepted by the Council on 11.18.2020 to provide the budget to make this purchase (See Attachment A). COMPLETE FUEL SYSTEM WITH CARD READER Moses Lake Council Packet 4-12-22, Page 129 of 257 Page 2 of 3 PURCHASE SUMMARY: The proposed fuel system is complete, hardly used, and in great working order. The system needs a good cleaning and some paint refurbishment. The refurbishment would be conducted by City staff. The 12,000 Gallon fuel cell is double walled, so no special containment area is required. A WSDOT Community Aviation Revitalization Board Loan in the amount of $175,000 was acquired and previously budgeted to make this purchase. The invoice cost is $149,467 (See Attachment B). The purchase cost does not include transport (~$3,000), staff refurbishment, or staff installation costs. Previously, the City solicited and received bids for the combined purchase and installation of a new and/or used system. The bids were rejected by Council as they exceeded the budgeted CARB loan amount. Therefore, a direct purchase is being made for a complete fuel system. The installation work will need to be completed by City staff at some point in the future. FISCAL AND POLICY IMPLICATIONS: The CARB Loan will need to be repaid at a rate of $10,702.43/year over a (20) year period. The Interest rate is extremely low at %2.0. The long-term operation of the Fuel Station is planned to be conducted by a fuel service provider, under a lease agreement, in order to make payments on the CARB Loan. The CARB Loan can be repaid early. Additional CARB Loan money is available for more improvements to the Municipal Airport. ATTACHMENTS: A. 11-18-2020 COUNCIL CARB LOAN ACCEPTANCE B. PURCHASING INVOICE FROM AIRO INC. COMPLETE FUEL SYSTEM WITH CARD READER Moses Lake Council Packet 4-12-22, Page 130 of 257 Page 3 of 3 OPTIONS: Option Results •Approve purchase of the fuel system as presented City Manager is authorized to make the purchase as shown on the invoice and city staff will move forward with transporting, refurbishment, storage, and future installation of the system. •Take no action The City will not make the purchase. STAFF RECOMMENDATION: Staff recommends purchasing the system as presented. Staff will make every effort to complete the purchase by 4.15.2022 to receive the 5% discount as noted on the Invoice from AIRO Inc. Moses Lake Council Packet 4-12-22, Page 131 of 257 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: November 18, 2020 Proceeding Type: New Business Subject: Municipal Airport Fuel Station Loan Resolution Legislative History: •First Presentation: Notice of Acceptance Announced during Budget Retreat Oct 24, 2020 •Second Presentation: November 24, 2020 •Action: Motion Overview: The Municipal Airport Advisory Board expressed interest in providing a fueling station at the airport. They feel the availability to provide fuel would attract more air traffic/business to the community. The City has applied for a low interest loan to the Community Aviation Revitalization Board (CARB) in the amount of $175,000 for a new fuel system. Our application has been approved and a resolution and motion are needed to proceed with the agreement and accept the loan. Fiscal and Policy Implications: The City would accept the loan in the amount of $175,000 with a 20-year repayment obligation. A surcharge would be placed on the sale of fuel to make the annual loan payment and other associated expenses. Council Packet Attachments A. Resolution with Exhibits: Offer Letter, Offer Agreement, Estimated Loan Repayment Schedule, and Loan Assurances Finance Committee Review N/A Moses Lake Council Packet 11-24-20, Page 63 of 79 Moses Lake Council Packet 4-12-22, Page 132 of 257 Page 2 of 2 Legal Review Type of Document Title of Document Date Reviewed Application Packet IOFA, Loan Assurances, Loan Repayment schedule November 12, 2020 Options Option Results •Adopt the Resolution as presented.Staff will process the loan agreement and purchase the new fuel station. •Provide staff with changes Staff would incorporate requested changes. •Take no action.No new fuel station. Action Requested Staff request Council adopt Resolution 3835 to authorize the City Manager to execute the CARB Loan Agreement for a new fuel station. Moses Lake Council Packet 11-24-20, Page 64 of 79 Moses Lake Council Packet 4-12-22, Page 133 of 257 RESOLUTION NO. 3835 A RESOLUTION OF THE MOSES LAKE, WASHINGTON, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY COUNCIL WITH THE WASHINGTON STATE COMMUNITY AVIATION REVITALIZATION BOARD FOR AID IN FINANCING THE COSTS OF PUBLIC FACILITIES CONSISTING OF A FUELING SYSTEM AT THE MOSES LAKE AIRPORT Recitals: 1. The Municipal Airport Advisory Board recommends installation of a key card fuel stationto attract additional air traffic and business to the community. 2. The Municipal Airport Advisory Board has received approval for a loan to finance a newfuel station from Washington State Community Aviation Revitalization Board (CARB). Resolved: 1. That the City Manager of Moses Lake be hereby authorized and directed to execute, on behalf of the City Council, a Final Contract between the Community Aviation Revitalization Board and the City of Moses Lake and such other documents as may be required for securing aid in financing the cost of the above-described public facilities. 2. The city council has accepted the offer of the loan from the Community Aviation Revitalization Board in the amount of $175,000, said loan to bear interest at the rate of 2.0% per annum. 3. Repayment of said $175,000 general obligation loan (unless revenue loan authorized) shall be in consistent with the terms provided in the signed Initial Offer of Financial Aid and more particularly as follows: General Obligation Loan of $175,000 with an interest rate of 2.0% for a term of 20 years including up to 3 years of deferred principal and interest. 4.A copy of said Initial Offer of Financial Aid is attached hereto, designated as Exhibit A, and made a part hereof as though set forth herein in full. Moses Lake Council Packet 11-24-20, Page 65 of 79 Moses Lake Council Packet 4-12-22, Page 134 of 257 5.The City of Moses Lake reserves the right to accelerate payments on principal and eliminate the interest on any accelerated principal payments. This obligation shall be considered as a legal general obligation of the City of Moses Lake and the City hereby pledges its full faith and credit to the payment thereof. 6.The City of Moses Lake shall establish a separate fund to be known as the CommunityAviation Revitalization Board (CARB) Fund. Establishment of this fund applies to CARBloans. In the case of a loan, there shall be sufficient moneys placed in this fund to meet theabove-detailed repayment schedule. The source of payment is fuel sales and surcharges. ADOPTED by the City Council on November 24, 2020. ________________________________________ David Curnel, Mayor ________________________________________ Allison Williams, City Manager ATTEST: _________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 11-24-20, Page 66 of 79 Moses Lake Council Packet 4-12-22, Page 135 of 257 o 7702 Terminal Street SW • Tumwater, WA 98501-7264 • (360) 705-7839 October 19, 2020 Fred Snoderly Municipal Services Director City of Moses Lake, Moses Lake Municipal Airport 401 S. Balsam PO Box 1579 Moses Lake, WA 98837 RE: CARB Initial Offer of Financial Aid Dear Mr. Snoderly, Congratulations! The Community Aviation Revitalization Board (CARB) has selected your project and is offering a low-interest loan in the amount of $175,000 for your New Fuel System at Moses Lake Municipal Airport. The next steps will be to develop and sign the loan agreement so that eligible project expenditures may be reimbursed. Please note that no project costs incurred prior to the Initial Offer of Financial Aid date will be reimbursed by CARB. After contract execution, a signed copy will be forwarded for the City of Moses Lake’s records. The execution date of the final contract will be based on the signature of the CARB Chairperson or designee. An estimated repayment schedule is enclosed to confirm your desired repayment term and grace period up to 20 years. Also enclosed is a copy of the loan assurances that apply to state-funded projects and related acknowledgements that will become part of your loan agreement. Our intent is to have your loan agreement ready for signature in December 2020. I will be your primary contact during this contracting process. If you have any questions, please don’t hesitate to contact me at (360) 705-7839 / (360) 628-1767 or chenaud@wsdot.wa.gov. Sincerely, David Chenaur Aviation Loan Program Manager Attachments: •Initial Offer of Financial Aid (IOFA) •Loan Assurances •Repayment Resolution/Ordinance (sample) •Estimated loan repayment schedule COMMUNITY AVIATION REVITALIZATION BOARD Moses Lake Council Packet 11-24-20, Page 67 of 79 Moses Lake Council Packet 4-12-22, Page 136 of 257 Attachment A CARB Pre-Contract Requirements Initial Offer of Financial Aid If you wish to accept CARB's offer, please enter your Tax Identification Number (TIN), sign and return two original copies of the enclosed Initial Offer of Financial Aid by November 30, 2020. A copy of the executed Initial Offer will be forwarded for your records. If the terms and conditions of this offer are not acceptable, you may request in writing that CARB reconsider, amend or modify its offer. Pre-Contract Requirements Please complete the conditions below and submit the appropriate documentation to CARB. If all conditions are not completed by November 30, 2020 you have the option to request an extension from the Board. If the Board does not approve an extension of the initial offer, the offer will expire. 1.Signed copies (2) of the IOFA. 2.Repayment Resolution or Ordinance. 3.Signed copy of the Loan Assurances. 4.Confirm the length of loan and any grace period (deferred principle and interest) requested up to 3 years (see estimated loan repayment schedule attached). Moses Lake Council Packet 11-24-20, Page 68 of 79 Moses Lake Council Packet 4-12-22, Page 137 of 257 Project Number: 2020‐010 Washington State Community Aviation Revitalization Board Initial Offer of Financial Aid City of Moses Lake Statewide Vendor Number: 916007721 L Offer Date: October 20, 2020 The Community Aviation Revitalization Board (CARB) is authorized by EHB 1102, Section 4005, Session Laws of 2019 and Section 6023 of this Act for direct loans to airport sponsors of public use airports in the State of Washington for the purposes of improvements that primarily support general aviation activities. This Initial Offer of Financial aid is contingent upon the availability of CARB funds. CARB hereby offers to make funds available to the City of Moses Lake, hereafter referred to as the "Recipient,” in order to aid in financing the cost of, or improvements to, airport facilities consisting of the New Fuel System as described in the application (hereafter collectively referred to as the "Project"). This offer consists of: General Obligation loan of $175,000 Interest rate: 2.0 percent (%) per annum on the outstanding principal balance Term: 20 years maximum, including up to 3 years of deferred principal and interest This offer is subject to completion of pre‐contract conditions, as described in Attachment A. A final contract shall be developed by CARB prior to disbursement of funds. In the event a final contract is not executed, no CARB funds will be disbursed. If accepted, this Initial Offer of Financial Aid must be signed and returned to CARB by November 30, 2020. ACCEPTANCE FOR CARB FOR THE RECIPIENT David Fleckenstein Signature* Director, WSDOT – Aviation Board Member, CARB Name: Date:Title: Date: * Authorized to accept offer on behalf of RECIPIENT Moses Lake Council Packet 11-24-20, Page 69 of 79 Moses Lake Council Packet 4-12-22, Page 138 of 257 EXHIBIT C, LOAN REPAYMENT SCHEDULE ENTER VALUES LOAN SUMMARY $175,000.00 $10,702.43 2.00%20 20 20 1 $0.00 5/1/2022 $39,048.51 $0.00 LENDER NAME PMT NO PAYMENT DATE BEGINNING BALANCE SCHEDULED PAYMENT EXTRA PAYMENT TOTAL PAYMENT PRINCIPAL INTEREST ENDING BALANCE CUMULATIVE INTEREST 1 5/1/2022 $175,000.00 $10,702.43 $0.00 $10,702.43 $7,202.43 $3,500.00 $167,797.57 $3,500.00 2 5/1/2023 $167,797.57 $10,702.43 $0.00 $10,702.43 $7,346.47 $3,355.95 $160,451.10 $6,855.95 3 5/1/2024 $160,451.10 $10,702.43 $0.00 $10,702.43 $7,493.40 $3,209.02 $152,957.70 $10,064.9745/1/2025 $152,957.70 $10,702.43 $0.00 $10,702.43 $7,643.27 $3,059.15 $145,314.42 $13,124.1355/1/2026 $145,314.42 $10,702.43 $0.00 $10,702.43 $7,796.14 $2,906.29 $137,518.29 $16,030.4265/1/2027 $137,518.29 $10,702.43 $0.00 $10,702.43 $7,952.06 $2,750.37 $129,566.23 $18,780.7875/1/2028 $129,566.23 $10,702.43 $0.00 $10,702.43 $8,111.10 $2,591.32 $121,455.13 $21,372.1185/1/2029 $121,455.13 $10,702.43 $0.00 $10,702.43 $8,273.32 $2,429.10 $113,181.80 $23,801.21 9 5/1/2030 $113,181.80 $10,702.43 $0.00 $10,702.43 $8,438.79 $2,263.64 $104,743.01 $26,064.84 10 5/1/2031 $104,743.01 $10,702.43 $0.00 $10,702.43 $8,607.57 $2,094.86 $96,135.45 $28,159.71 11 5/1/2032 $96,135.45 $10,702.43 $0.00 $10,702.43 $8,779.72 $1,922.71 $87,355.73 $30,082.41 12 5/1/2033 $87,355.73 $10,702.43 $0.00 $10,702.43 $8,955.31 $1,747.11 $78,400.42 $31,829.53 13 5/1/2034 $78,400.42 $10,702.43 $0.00 $10,702.43 $9,134.42 $1,568.01 $69,266.00 $33,397.54 14 5/1/2035 $69,266.00 $10,702.43 $0.00 $10,702.43 $9,317.11 $1,385.32 $59,948.90 $34,782.86 15 5/1/2036 $59,948.90 $10,702.43 $0.00 $10,702.43 $9,503.45 $1,198.98 $50,445.45 $35,981.84 16 5/1/2037 $50,445.45 $10,702.43 $0.00 $10,702.43 $9,693.52 $1,008.91 $40,751.93 $36,990.74 17 5/1/2038 $40,751.93 $10,702.43 $0.00 $10,702.43 $9,887.39 $815.04 $30,864.55 $37,805.78 18 5/1/2039 $30,864.55 $10,702.43 $0.00 $10,702.43 $10,085.13 $617.29 $20,779.41 $38,423.07 19 5/1/2040 $20,779.41 $10,702.43 $0.00 $10,702.43 $10,286.84 $415.59 $10,492.57 $38,838.66 20 5/1/2041 $10,492.57 $44,968.18 $0.00 $10,492.57 $10,282.72 $209.85 $0.00 $39,048.51 Optional extra payments Loan amount Annual interest rate Loan period in years Number of payments per year Start date of loan CARB / WSDOT - Aviation Division Scheduled payment Scheduled number of payments Actual number of payments Total early payments Total interest Moses Lake Council Packet 11-24-20, Page 70 of 79 Moses Lake Council Packet 4-12-22, Page 139 of 257 The following Airport Loan Program Assurances are incorporated herewith and form a part of the airport sponsor’s loan agreement for funding under the Aviation Revitalization Loan Program. Signature of Applicant’s Authorized Representative: Title of Representative: Date: Last Update: 11/4/19 AIRPORT LOAN PROGRAM ASSURANCES General. (1)Airport sponsors shall comply with these assurances pursuant to and for the purpose of carrying out theprovisions of the state of Washington airport loan program agreements. (2)Airport sponsors will submit these assurances as part of the loan agreement. As used herein, the term "publicagency sponsor" means any municipality or municipalities acting jointly or any Indian tribe recognized by the federal government or such tribes acting jointly in the planning, acquisition, construction, improvement, maintenance, or operation of an airport, owned or controlled, or to be owned or controlled by such municipality or municipalities or Indian tribe or tribes, to be held available for the general use of the public; the term "private sponsor" means any person or persons acting jointly in the planning, acquisition, construction, improvement, maintenance, or operation of an airport, owned or controlled, or to be owned or controlled by such person or persons, to be held available for the general use of the public; and the term "sponsor" includes both public agency sponsors and private sponsors. (3)Upon a sponsor's acceptance of a loan offer by the department, these assurances are incorporated in andbecome part of the loan agreement. Duration and applicability. (1)Washington airport loan program projects undertaken by a sponsor. The terms, conditions, and assurances of this loan agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport project, not to exceed twenty years from the date of acceptance of a loan offer of state funds for the project. However, there shall be no limit on the duration of the assurances regarding exclusiverights and airport revenue so long as the airport is used as an airport. There shall be no limit on the duration of theterms, conditions, and assurances with respect to real property acquired with state funds. EXHIBIT D, AIRPORT PROGRAM LOAN ASSURANCES Moses Lake Council Packet 11-24-20, Page 71 of 79 Moses Lake Council Packet 4-12-22, Page 140 of 257 Sponsor certification. The sponsor certifies, with respect to this loan that: (1)General state requirements. It will comply with all applicable Washington state laws, regulations, executiveorders, policies, guidelines, and requirements as they relate to the application, acceptance and use of state funds for this project including, but not limited to, the following: (a)State legislation: Chapter 8.26 RCW (Relocation assistance -- Real property acquisition policy) Chapter 27.34 RCW (State historical societies -- Historic preservation)Chapter 27.44 RCW (Indian graves and records)Chapter 27.48 RCW (Preservation of historical materials) RCW 29A.84.620 (Hindering or bribing voter)Chapter 36.70A RCW (Growth management -- Planning by selected counties and cities)Title 37 RCW (Federal areas -- Indians) Chapter 39.12 RCW (Prevailing wages on public works)RCW 47.29.200 (Prevailing wages)RCW 47.68.280 (Investigations, hearings, etc. -- Subpoenas -- Compelling attendance) RCW 47.68.310 (Enforcement of aeronautics laws)Title 49 RCW (Labor regulations)Title 64 RCW (Real property and conveyances) Chapter 70.94 RCW (Washington Clean Air Act)Title 86 RCW (Flood control)Title 91 RCW (Waterways)Title 12 WAC (Transportation, department of (aeronautics commission))Title 18 WAC (Air pollution) Title 25 WAC (Archaeology and historic preservation, department of)WAC 330-01-050 (dispositions, metropolitan municipal corporations)Title 167 WAC (Drug abuse prevention office) Title 197 WAC (Ecology, department of (environmental policy, council on))Title 198 WAC (Environmental and land use hearings office)Title 199 WAC (Environmental hearings office (environmental and land use hearings board)) Title 254 WAC (Historic preservation, advisory council on)Title 326 WAC (Minority and women's business enterprises, office of)Chapter 330-01 WAC (Procedures for corridor and design public hearings under RCW 35.58.273) Chapter 468-100 WAC (Uniform relocation assistance and real property acquisition)WAC 468-100-008 (Compliance with other laws and regulations)Title 357 WAC (Financial management, office of -- State human resources director) Title 508 WAC (Ecology, department of (water resources)) (b) Executive orders: Governor's Executive Order 92-01 (Establishing Governor's Policy on a Drug-Free Work Place)Governor's Executive Order 96-04, Implementing the Americans with Disabilities Act and superseding ExecutiveOrder 93-03 Governor's Executive Order 05-05 (Archaeological and Cultural Resources) Governor's Executive Order 11-01, superseding Executive Order 09-04, Amending Washington Council on Aerospace Governor's Executive Order 12-02 (Workforce Diversity and Inclusion) Moses Lake Council Packet 11-24-20, Page 72 of 79 Moses Lake Council Packet 4-12-22, Page 141 of 257 (2)General legal requirements. It will comply with all applicable laws and ordinances, orders, guidelines,policies, directives, rules and regulations of municipal, county, and federal governmental authorities or regulatory agencies. (3)Responsibility and authority of the sponsor. (a)Public agency sponsor: It has legal authority to apply for this loan, and to finance and carry out the proposedproject; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. (b)Private sponsor: It has legal authority to apply for this loan and to finance and carry out the proposed projectand comply with all terms, conditions, and assurances of this loan agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. (4)Sponsor fund availability. It has sufficient funds available for the portion of the project which is not paid bythe state of Washington. It has sufficient funds available to assure operation and maintenance of items funded under this loan agreement which it will own or control. (5)Good title. It holds good title, satisfactory to the department, to the areas of the airport or site thereofnecessary for aircraft takeoff and landing as well as those necessary for the movement of aircraft to and from the landing and takeoff areas, or gives assurances satisfactory to the department that good title will be acquired prior to accepting loan funds. (6)Preserving rights and powers. (a)It will not take or permit any action which would operate to deprive it of any of the rights and powers necessaryto perform any or all of the terms, conditions, and assurances in this loan agreement without the written approval of the department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the department. (b)It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in theproperty associated with this application or that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in this loan agreement without approval by the department. If the transferee is found by the department to be eligible to assume the obligations of this loan agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this loan agreement. (c)If the sponsor is a private sponsor, it will, to the department's satisfaction, ensure that the airport will continueto function as a public-use airport in accordance with these assurances for the duration of these assurances. (d)If an arrangement is made for management and operation of the airport by any agency or person other thanthe sponsor or an employee of the sponsor, the sponsor will, to the department's satisfaction, reserve and document in arrangements with said party sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the regulations and the terms, conditions, and assurances in this loan agreement and shall ensure that such arrangement also requires compliance therewith. (e)Sponsors of commercial service airports will not permit or enter into any arrangement that allows an owner ortenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. (f)Sponsors of general aviation airports entering into any arrangement that allows an owner of residential realproperty adjacent to or near the airport must comply with the requirements set forth in Section 136 of Public Law 112-95. (7)Consistency with local plans. Certify, to the department's satisfaction, that the project is consistent with plans(existing at the time of submission of this application) of public agencies that are authorized to plan for the development of the area surrounding the airport. Moses Lake Council Packet 11-24-20, Page 73 of 79 Moses Lake Council Packet 4-12-22, Page 142 of 257 (8)Consideration of local interest. Certify, to the department's satisfaction, that it considered the interest ofcommunities in or near where the project is located. (9)Consultation with users. Certify to the department's satisfaction that when it made a decision to undertakeany project, that it consulted with affected parties using the airport. (10)Public hearings. In projects involving the location of an airport, an airport runway, or a major runwayextension, it held public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the department, submit a copy of the transcript of such hearings to the department. Further, for such projects, its management board contain(s/ed) either voting representation from the communities where the project is located or it advised communities that they have the right to petition the department concerning a proposed project. (11)Air and water quality standards. In projects involving airport location, a major runway extension, or runwaylocation, it will provide the department appropriate written certification that the project will be located, designed, constructed, and operated so as to comply with applicable federal, state, and local air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the administrator of the Environmental Protection Agency, or the secretary of the Department of Ecology, certification shall be obtained. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the department. (12)Pavement preventive maintenance. With respect to a project for the replacement or reconstruction ofairport pavement, it assures or certifies to the department's satisfaction that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with state financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the department determines may be useful. (13)Accounting system, audit, and recordkeeping requirements. (a) It shall keep all project accounts and records which fully disclose the amount and disposition of the proceeds ofthis loan, the total cost of the project in connection with which this loan is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with RCW 43.09.200 and the Washington state budgetary, accounting, and reporting system (BARS) manuals and financial reporting packages. (b)It shall make available to the department and the Washington state auditor's office, or any of their dulyauthorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this loan. The department may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a loan or relating to the project in connection with which this loan was given or used, it shall file a certified copy of such audit with the department not later than six months following the close of the fiscal year for which the audit was made. (14)Wage rates. It shall include in all contracts in excess of two thousand five hundred dollars, or as outlined inWAC 296-127-050, for work on any projects funded under this loan agreement which involve labor, provisions establishing minimum rates of wages under the Washington State Prevailing Wages on Public Works Act, chapter 39.12 RCW, which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. This shall be documented by a statement of intent to pay prevailing wages and an affidavit of wages paid. (15)Nondiscrimination requirements. It shall prohibit discrimination in all phases of contracted employment,contracting activities and training pursuant to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Justice System Improvement Act of 1979, the Americans with Disabilities Act of 1990, the Civil Rights Restoration Act of 1987, 49 C.F.R. Part 21, chapter 49.60 RCW and other related laws and statutes. (16)Equal employment opportunity (EEO) responsibilities. It shall comply with regulations relative to nondiscrimination in state-assisted programs of the department, which are herein incorporated by reference and made a part of this project. With regard to the work performed during the project, it shall not discriminate on the Moses Lake Council Packet 11-24-20, Page 74 of 79 Moses Lake Council Packet 4-12-22, Page 143 of 257 grounds of race, color, gender, creed, national origin, age, sexual orientation, gender identity, marital status, disability or veteran status in the selection and retention of contractors, consultants and service providers, including procurement of materials and leases of equipment. (17)Veteran's preference. It shall include in all contracts for work on any project funded under this loanagreement which involve labor, such provisions as are necessary to ensure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to honorably discharged military personnel who are veterans of any war of the United States, or of any military campaign for which a campaign ribbon shall have been awarded, and their widows or widowers, shall be preferred for appointment and employment. Age, loss of limb, or other physical impairment, which does not in fact incapacitate, shall not be deemed to disqualify them, provided they possess the capacity necessary to discharge the duties of the position involved as defined in RCW 73.16.010. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. (18)Conformity to plans and specifications. It will execute the project subject to plans, specifications, andschedules approved by the department. Such plans, specifications, and schedules shall be submitted to the department prior to commencement of site preparation, construction, or other performance under this loan agreement, and, upon approval of the department, shall be incorporated into this loan agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the department, and incorporated into this loan agreement. (19)Construction inspection and approval. It will provide and maintain competent technical supervision at theconstruction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the department for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the department and such work shall be in accordance with regulations and procedures prescribed by the department. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the department shall deem necessary. (20)Planning projects. Planning projects are not eligible under the aviation loan program at this time (21)Operation and maintenance. The airport and all facilities which are necessary to serve the aeronauticalusers of the airport, other than facilities owned or controlled by the United States or the state of Washington, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the department. In furtherance of this assurance, the sponsor will have in effect arrangements for: (a) Operating the airport's aeronautical facilities whenever required; (b) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (c) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein (22)Hazard removal and mitigation. It assures that such terminal airspace under the appropriate category ofFederal Air Regulation Part 77, 14 C.F.R. 77, as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. Where hazards are on land owned by others, the sponsor will make every effort to coordinate with owners to mitigate airport hazards. (23)Compatible land use. It shall, either by the acquisition and retention of property interest, in fee or easement, orby seeking enforcement of local zoning action, prevent the construction of any object which may constitute an incompatible land use such as residential encroachment, wildlife attractants, uses that emit smoke, steam, glare, or electromagnetic interference, and height hazards. Sponsor will take proactive measures to discourage incompatible land uses adjacent to the airport, to include a formal consultation with local jurisdictions on land use issues, and support and/or recommend land use regulations consistent with WSDOT best management practices found in WSDOT's Airports and Compatible Land Use Guidebook. shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. Moses Lake Council Packet 11-24-20, Page 75 of 79 Moses Lake Council Packet 4-12-22, Page 144 of 257 (24)Economic nondiscrimination. (a) It will make the airport available as an airport for public use and without discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. (b) In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport isgranted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to: (i) Furnish said services on a reasonable, nondiscriminatory, basis to all users thereof; and (ii) Charge reasonable, and nondiscriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. (c) Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges asare uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. (d) Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that isauthorized or permitted by the airport to serve any air carrier at such airport. (e) Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant)shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. (f) It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to, maintenance, repair, and fueling) that it may choose to perform. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. (g)The sponsor may establish such reasonable, and nondiscriminatory, conditions to be met by all users of theairport as may be necessary for the safe and efficient operation of the airport. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. (25)Exclusive rights. It will not grant exclusive right for the use of the airport to any person(s) providing, orintending to provide, aeronautical services to the public. For purposes of this subsection, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if the following apply: (a)It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to providesuch services; (b)If allowing more than one fixed-based operator to provide such services would require the reduction of spaceleased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities including, but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity existing at such an airport before the grant of any assistance under RCW 47.68.090; and (c) It has received approval from the department. Moses Lake Council Packet 11-24-20, Page 76 of 79 Moses Lake Council Packet 4-12-22, Page 145 of 257 (26)Fee and rental structure. It will maintain a competitive fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account factors such as the volume of traffic and economy of collection. No part of the state share of an airport development or airport planning project for which a loan is made under RCW 47.68.090 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. (27)Airport revenues. All revenues generated by the airport and any local taxes established after December 30,1987, on aviation fuel, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this subsection: (a)If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator ofthe airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. (b)If the department approves the sale of a privately owned airport to a public sponsor and provides funding forany portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a twenty-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. (c)When requested by the department, the sponsor will obtain an audit that will review, and the resulting auditreport will provide an opinion concerning, the use of airport revenue and taxes, and indicate whether funds paid or transferred to the owner or operator were paid or transferred in a manner consistent with state law and any other applicable provision of law, including any regulation promulgated by the secretary. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with state law. (28)Reports and inspections. It will: (a)Submit to the department such annual or special financial and operations reports as the department may request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the department; for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the department upon request; (b) In a format and time prescribed by the department, provide to the department and make available to the publicfollowing each of its fiscal years, an annual report listing in detail: (i) All amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) All services and property provided by the airport to other units of government and the amount of compensationreceived for provision of each such service and property. (29)Use by government aircraft. It will not charge the state or its agencies (except for those under contract), for limited but reasonable, nonroutine, search and rescue, law enforcement or public safety use of public landing and aircraft parking facilities. The sponsor may require written verification of an entity's official government business status, and notification prior to use of facilities. (30)Land for state facilities. It will furnish without cost to the state of Washington for use in connection with anyair traffic control or air navigation activities, or weather reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or for these same purposes, rights in buildings of the sponsor as the department considers necessary for construction, operation, and maintenance at state expense of space or facilities. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the department. Moses Lake Council Packet 11-24-20, Page 77 of 79 Moses Lake Council Packet 4-12-22, Page 146 of 257 (31)Airport layout plan. (a)It will provide airport layout plans (ALPs) as prescribed in WSDOT's Aviation Loan Procedures Manual. It will keep up-to-date at all times an airport layout plan of the airport showing: (i) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all off-site areasowned or controlled by the sponsor for airport purposes and proposed additions thereto; (ii) The location and nature of all existing and proposed airport facilities and structures (such as runways,taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; (iii) The location of all existing and proposed nonaviation areas and of all existing improvements thereon; and (iv) All proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the department which approval shall be evidenced by the signature of a duly authorized representative of the department on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations to the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the department and which might, in the opinion of the department, adversely affect the safety, utility, or efficiency of the airport. (b)If a change or alteration in the airport or the facilities is made which the department determines adverselyaffects the safety, utility, or efficiency of any state-owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the department, the owner or operator will, if requested, by the department. (i)Eliminate such adverse effect in a manner approved by the department; or (ii)Bear all costs of relocating such property (or replacement thereof) to a site acceptable to the department and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of arelocation or replacement of an existing airport facility due to a change in the department's design standardsbeyond the control of the airport sponsor. (32)Disposal of land.(a)For land purchased under a grant for airport development purposes, it will, when the land is no longer neededfor airport purposes, dispose of such land at fair market value or make available to the department an amountequal to the states' proportionate share of the fair market value of the land. The portion of the proceeds proportionate to the states' share of the cost of acquisition of such land will, upon application to the department, be reinvested or transferred to another eligible airport as prescribed by the department. The department shallgive preference to the following, in descending order: (i) Payment to the state of Washington for deposit in the aeronautics account; or (ii)Reinvestment in an approved project that is eligible for loan funding under RCW 47.68.090. (b) Land shall be considered to be needed for airport purposes under this assurance if: (i) It may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land; and (ii)The revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. (c)Disposition of such land will be subject to the retention or reservation of any interest or right thereinnecessary to ensure that such land will only be used for purposes which are compatible with noise levelsassociated with operation of the airport. (33)Engineering and design services. It will award each contract, or subcontract for program management,construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under WSDOT Consultant Services Manual M-27-50.02 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. (34)Foreign market restrictions. It will not allow funds provided under this loan to be used to fund any projectwhich uses any product or service of a foreign country during the period in which such foreign country is listed by the United States trade representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. Sponsors are encouraged to "Buy American" whenever feasible and appropriate. (35)Policies, standards, and specifications. It will carry out the project in accordance with policies, standards,and specifications approved by the department and included in this loan, and in accordance with applicable state policies, standards, and specifications. Moses Lake Council Packet 11-24-20, Page 78 of 79 Moses Lake Council Packet 4-12-22, Page 147 of 257 (36)Relocation and real property acquisition. It will be guided in acquiring real property, to the greatest extentpracticable under state law, by the land acquisition policies in RCW 8.26.180. (37)Disadvantaged business enterprises. The recipient shall not discriminate on the basis of race, color,national origin, or sex in the award and performance of any department-assisted contract or in the administration of its DBE program or the requirements of Governor's Executive Order 12-02. (38)Hangar construction. If the airport owner or operator and a person who owns an aircraft agree that a hangaris to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long-term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. For the purpose of this section, a long-term lease is defined as not to exceed fifty years. [Statutory Authority: RCW 47.68.090. 13-07-037, § 468-260-030, filed 3/14/13, effective 4/14/13.] Moses Lake Council Packet 11-24-20, Page 79 of 79 Moses Lake Council Packet 4-12-22, Page 148 of 257 Invoice Date 4/5/2022 Invoice #2021-892 Bill To: City of Moses Lake 401 S Balsam St Moses Lake, WA 98837 AirO, Inc. 18008 59th Dr NE Suite 201 Arlington, WA 98223 Tail Number Terms Net 30 Receipt # Total Balance Due Payments/Credits Description Rate AmountQuantity Used 12K gal UL 2085 Fireguard above ground fuel tank, white epoxy, large on/off offload pump, dispenser pump with hose & grounding cable, credit card machine. 137,000.00 137,000.00T1 5% Discount if paid by 4/15/22 Arlington Sales Tax 9.10%12,467.00 $149,467.00 $149,467.00 $0.00 Moses Lake Council Packet 4-12-22, Page 149 of 257 Page 1 of 4 STAFF REPORT To: Allison Williams, City Manager From: Brett Bastian, Fire Chief Date: March 23, 2022 Proceeding Type: Consent Agenda Subject: Regional Hazardous Materials Team Interlocal Agreement Legislative History: Financial Impact: • First Presentation: April 12, 2022 Budgeted Amount: N-A • Second Presentation: Unbudgeted Amount: • Action: Motion Total Cost: Overview The Moses Lake area is home to many facilities that utilize, store, manufacture, or transport hazardous materials, hazardous production materials, and hazardous wastes. Grant County has routinely ranked in the top three counties statewide for total quantities of reportable materials and extremely hazardous substances, and a large majority of those facilities are located either within the corporate limits of Moses Lake or in the greater Moses Lake area. Over a period spanning decades the development of industry in our area has had several notable hazardous materials related incidents that have resulted in fatalities, injuries, and property loss. Hazardous materials incidents can involve any product that is deemed dangerous to life, health, or property and can take any of the three forms of physical matter; solids, liquids, or gasses and they are broadly broken into 9 categories: Explosives, Gases, Flammable Liquids, Flammable Solids, Oxidizers, Poisons, Radioactive, Corrosive, and Miscellaneous dangerous substances. Moses Lake Council Packet 4-12-22, Page 150 of 257 Page 2 of 4 Hazardous materials is governed by numerous statutory regulations including Washington Administrative Code (WAC) 296-305 (Firefighter Vertical Safety Standard), WAC 296-824 (Emergency Response), and Code of Federal Regulations (CFR) 1910.120. One of the basic tenets of hazardous materials response required in all of the statutory requirements is that of minimum numbers of responders. For all hazardous materials response incidents, the minimum requirements are the establishment of the incident command system with an incident commander, a safety officer, a two-member entry team, and a two member back up team. Hazardous materials emergency response entails specialized training in several areas including personal protective equipment selection for the hazard presented, specialized monitoring equipment, spill control and containment, plume modeling, down-wind vapor hazard assessment, and the list goes on. In short hazardous materials response is personnel intensive with specially trained personnel. The City of Moses Lake has extreme potential for hazardous materials events, and in fact we have had numerous incidents where we could have benefited from a hazardous materials team but have not had access to a team. Response to hazardous materials incidents without the proper equipment and trained personnel has resulted in a past citation from Labor and Industry for a response to an anhydrous ammonia leak in which our personnel were placed in a situation where we had to choose between rescue of unprotected plant workers and not entering the ammonia atmosphere because we did not have chemical protective suits available. Notable hazardous materials incidents in our local area include: Combustible dust explosion with fatalities at U&I Sugar A release of Titanium Dioxide and other corrosive gasses at the former ITI facility (International Titanium Industries) A release of Silane compounds that resulted in several fatalities and serious injuries at what is now the REC facility Boiling Liquid Expanding Vapor Explosions (three separate explosions at the same fire incident) at Inland Tarp. A roll over trucking incident with extremely hazardous substances on board at I-90 and SR-17 (Tetra-Methyl Ammonium Hydroxide) This is just a short list of notable events. In short the Moses Lake area needs access to a hazardous materials team, but due to a myriad of factors the City is not in a position to field a fully functional response team utilizing just our resources. Regional response teams are a tried and true method for jurisdictions to work together toward the common good, and gives access to resources that would otherwise be out of reach for smaller jurisdictions such as Moses Lake. The Regional Hazmat Team will utilize personnel from across the North Central Washington area to provide response capabilities to protect life, health, and property. Fiscal and Policy Implications 1. Initial start up costs associated with the team are being borne by grant funding that is being managed by the Grant County Sherriff’s Department—Emergency Management Division. This grant totaled nearly a quarter of a million dollars and is providing the ability to Moses Lake Council Packet 4-12-22, Page 151 of 257 Page 3 of 4 purchase protective equipment, monitors, and provide training to the technician level for member agencies. 2. On going costs associated with this team will be annual agency contributions based on several factors, including risk assessment. Our current annual contribution to the team is set at $10,000. We have a hazardous materials permit program that covers the entire cost of this contribution. 3. Future growth and impacts may require further infrastructure investment such as response vehicles and additional monitoring capability, but these will be addressed through routine needs assessments. Council Packet Attachments A. Interlocal Agreement B. Regional Hazmat Team By-laws Finance Committee Review N-A Legal Review Type of Document Title of Document Date Reviewed Interlocal Agreement Regional Hazmat Options Option Results • Authorize as presented Enter into an Interlocal Agreement with the North Central Washington Regional Hazmat Team. • Take no action. Will not enter into the Interlocal Agreement with the North Central Washington Regional Hazmat Team. Action Requested Staff recommends entering into this interlocal agreement as the benefits for partnering with other agencies presents safer, and more effective hazmat response that we do not have the resources to engage in as a stand-alone agency. Moses Lake Council Packet 4-12-22, Page 152 of 257 Page 4 of 4 Moses Lake Council Packet 4-12-22, Page 153 of 257 REGIONAL HAZMAT TEAM INTERLOCAL AGREEMENT PAGE 1 OF 11 NORTH CENTRAL WASHINGTON HAZMAT TEAM INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT (the “Agreement”) is made and entered into this __ day of _________, 2022, by and between those Washington cities, counties, fire districts and other governments identified on the attached Exhibit A, as may be amended from time to time. Hereinafter, all of the member governments may be referred to individually as “Member” and collectively referred to as the “Members.” WHEREAS, the Members believe that it is in their best interests to reach an agreement to consolidate their resources and cooperate to provide specialized hazardous materials (Hazmat) response services to Chelan, Douglas, Grant, and Okanogan Counties in response to hazardous materials incidents and other large/complex or specialized emergency incidents; WHEREAS, pursuant to Chapter 39.34 of the Revised Code of Washington (“RCW”), the Members have created a non-profit corporation known as North Central Washington Hazmat Team” (“NCWHT”); and WHEREAS, the Members desire to set forth the organizational structure, the legislative control, the administration organization, the funding, and the operation of NCWHT. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows. 1. Creation of Organization. The Members have created a Washington non-profit corporation under the provisions of Chapter 24.03 RCW to be known as “Regional Hazmat Team (‘NCWHT’).” The Members acknowledge that the Articles of Incorporation of NCWHT were filed with the Washington State Secretary of State on or about _________ __, 2022. 1.1 Initial Board of Directors. The initial board of directors of NCWHT shall consist of those persons identified in the attached Exhibit B, and shall be called “Directors.” These Directors shall serve under the terms and conditions of this Agreement, the Articles of Incorporation and the Bylaws, as may be amended, until such time as they are replaced. 1.2 Adoption of Bylaws. The Board of Directors shall adopt bylaws for the efficient operation of NCWHT. The Bylaws shall include, without limitation, provisions for the appointment of the Board of Directors of NCWHT that conform to applicable law. 2. Membership in NCWHT. Pursuant to Chapter 39.34 RCW, membership in NCWHT shall be limited to fire districts, cities, counties, Indian tribes, and other government agencies that provide emergency response services to hazardous materials incidents. 2.1 Associate Contributors. Private business entities may participate as “Associate Contributors” in conformance with such terms and conditions as are established in the Bylaws. The participation of Associate Contributors shall be limited to the ability to participate in NCWHT as a Director. The Members agree that the Bylaws shall provide that each Associate Contributor may appoint a Director to Moses Lake Council Packet 4-12-22, Page 154 of 257 REGIONAL HAZMAT TEAM INTERLOCAL AGREEMENT PAGE 2 OF 11 serve on NCWHT’s Board of Directors; however, a majority of the Board of Directors must be appointed by Members. Under no circumstances shall private business entities’ involvement with NCWHT be permitted to include activity that is not permitted under Washington State law. 2.2 New Members. New Members and new Associate Contributors may be admitted under such terms and conditions as established in the Bylaws. 2.3 Annual Report to the Members. Each year, at a time set by the Board of Directors, the Board of Directors and staff of NCWHT shall provide a written report to the governing body of each Member concerning the status of NCWHT. 2.4 Initial Meeting of the Members. The Board of Directors will hold an initial meeting of the Members within thirty (30) days of the execution of this Agreement by a majority of the Members for the purpose of approving the initial Operating Budget (as the term is later defined herein). 2.5 Annual Meeting of the Members. The Board of Directors shall hold an annual meeting of the Members and Associate Contributors at a time and place designated by the Board of Directors and provided in a written notice to each Member and Associate Contributor at least thirty (30) days in advance. At this meeting, the Board of Directors shall seek approval of the budget for the following year and conduct such other business as the Board of Directors may determine. 2.6 Voting Rights. Each Member agency shall, at all times, have one voting representative on the NCWHT. 3. Governance of NCWHT. NCWHT shall be governed by a Board of Directors appointed in compliance with the terms and conditions of the Bylaws. 3.1 Compliance with Laws. In all respects, the Board of Directors, and each Director, shall comply with all applicable laws and regulations, including Chapter 42.30 RCW, the Open Public Meetings Act and all other applicable laws. 4. Purpose of NCWHT. NCWHT is organized to provide specialized emergency response services including, but not limited to, acting as a Community Response Network (“CAN”), providing response to hazardous materials incidents, and providing response to large and/or complex incidents to provide incident command support to the citizens of the Chelan, Douglas, Grant, and Okanogan Counties (the “Service Area”). In this regard, NCWHT may exercise all of the powers of the Members provided by law to provide such services (the “Services”). With respect to hazardous materials incidents, NCWHT’s purpose will be either (i) to serve as an incident command agency for responding to hazardous materials incidents, as provided for under Chapter 70.126 RCW; or (ii) to be an entity with whom the applicable incident command agency will enter into a hazardous materials assistance agreement under which NCWHT provides assistance. 4.1 Determination of Services. NCWHT, through its Board of Directors, shall determine the means and manner of providing the services and the level of services provided. Commented [C-RD1]: Are these other functions that you want to perform? Moses Lake Council Packet 4-12-22, Page 155 of 257 REGIONAL HAZMAT TEAM INTERLOCAL AGREEMENT PAGE 3 OF 11 4.2 Powers of NCWHT. Subject to the approval of the Board of Directors, NCWHT shall have the broadest power granted by law. These powers include the authority to employ personnel, and purchase real and personal property. No employee of NCWHT shall be deemed to be an employee of any Member for any reason. 5. Property. NCWHT may utilize Member and/or Associate Contributor property as agreed upon by the parties and as permitted by the Bylaws. NCWHT may purchase such other equipment as it deems appropriate through the budgetary process. Upon the termination of this Agreement, any equipment or other property owned by NCWHT shall be liquidated and the proceeds shall be (i) used to pay any outstanding third-party obligations of NCWHT, and (ii) disbursed among NCWHT’s Members at the time of such winding-up as provided for in the Bylaws. 6. Financial Contributions. NCWHT shall receive payments, financial or in-kind, from each Member and Associate Contributor in accordance with the Bylaws. NCWHT shall also receive such other payments as provided for in the Bylaws, and/or as the Board of Directors may set as payment for services rendered by NCWHT. The NCWHT Board reserves the right to seek costs from any person or entity that caused the conditions requiring an NCWHT response. 6.1 Audit. All funds received by NCWHT from any source shall be deemed “public funds” and shall be subject to all applicable laws of the State of Washington. All funds shall be managed by a government Member appointed by the Board of Directors, which shall be deemed the lead agency for NCWHT for audit purposes. Until changed by the Board of Directors, Chelan County Fire District No. 1 shall serve as the lead agency. 6.2 NCWHT Fund. The Board shall establish a special fund designated as the “NCWHT FUND”. Such fund shall be used for the purpose of depositing each Member’s annual monetary contribution as determined by the Bylaws, as well as any additional contributions received or determined necessary for the annual operation and maintenance of the NCWHT. Funds accumulated in the NCWHT fund shall be utilized solely for the continued operation of the NCWHT as determined by the Board.lead agency shall establish a 7. Operating Budget. The Board of Directors shall prepare an operating budget (the “Operating Budget”) annually, and shall submit the Operating Budget to the Members for approval at least thirty (30) days in advance of the Annual Meeting of the Members. The initial operating budget for the period from inception to the first annual meeting shall be prepared by the Board of Directors within thirty (30) days of the effective date of this Agreement. The initial Operating Budget will be approved by a majority vote of the members. The annual Operating Budget shall be subject to approval by a majority of the Members. If the Members do not approve the Operating Budget at the annual meeting, then the Members shall provide the Board of Directors with specific instructions as to how to amend the Operating Budget to make it acceptable, and the Members shall reconvene within no more than thirty (30) days to reconsider the amended Operating Budget. The Members and the Board of Directors shall continue this process until such time as the Operating Budget has been approved. Commented [KK2]: Some issues are hard to address given that we don’t have a copy of the proposed bylaws, which set forth many of the Members’ legal obligations and rights. Some hazmat ILA’s include a formula for determining financial contributions based on the number of calls in that member’s jurisdiction; obviously, if we are the area with the least number of calls that weighs in our favor, whereas if we generate the most calls that weighs against us. Food for thought. Commented [BB3R2]: The team will closely mirror the Tri-County team based in the Tri-Cities. The concept is to have larger agencies contribute a maximum of $10,000 annually and smaller agencies to contribute smaller amounts that have not been set yet. Moses Lake would be in the $10,000 annual category. Commented [KK4]: For voting purposes, do you want a simple majority to prevail or do you want a majority of the whole membership? Commented [BB5R4]: I think a simple majority is fine for this concept. Moses Lake Council Packet 4-12-22, Page 156 of 257 REGIONAL HAZMAT TEAM INTERLOCAL AGREEMENT PAGE 4 OF 11 8. Term of Agreement. The term of this Agreement shall commence upon execution by a majority of the Members listed in Exhibit A and shall continue in effect until _________ __, 20__. This Agreement shall automatically renew each year thereafter; provided, however, that a Member may withdraw (i) by providing notice to the other Members of its intention not to renew this Agreement at least one hundred eighty (180) days prior to the expiration of any term, or (ii) pursuant to any other provisions governing the withdrawal of a Member as may be contained in NCWHT’s Bylaws. A member who withdraws forfeits any right to a refund of financial contributions previously made. A member who withdraws shall be liable for such member’s prorated amount of annual charges for the year in which the member withdraws. Withdrawal of a Member shall not result in termination of this Agreement unless mutually agreed upon by the remaining Members. 9. Liability. The Board of Directors shall, subject to availability and Operating Budget authorization, cause NCWHT to obtain and maintain insurance coverage for damage or destruction of equipment, and obtain and maintain comprehensive commercial general liability insurance. The Board of Directors shall determine the appropriate amount of each policy. Each Member shall be named as a certificate holder and, if permitted by the terms of the insurance policy, an “additional insured” under the terms and conditions of the insurance policies. 9.1. Each Member and Associate Contributor shall maintain insurance coverage (either through policies or a self-insurance program) in amounts adequate to cover liabilities associated with their normal operations. 9.2. To the extent permitted by law, each of the Members and Associated Contributors shall indemnify, defend, and hold harmless the other Members from the negligent acts or omissions of their personnel and public officials to the extent and in proportion to the loss created by those acts or omissions. 9.3. To the extent the waiver of subrogation does not impair or otherwise limit applicable insurance, NCWHT and each Member and Associate Contributor hereby waives any subrogated claim they may have against NCWHT and any other Member of Associated Contributor. In the event that NCWHT, a Member or Associated Contributor is “self insured,” then the subrogated waiver shall be in an amount equal to the applicable insurance by NCWHT, the Member or Associated Contributor receiving the benefit of the waiver of subrogation. 10. Notices. All notices, demands, requests, consents and approvals that may or are required to be given by any Member to any other Member hereunder, shall be in writing and shall be deemed to have been duly given if delivered personally; sent by facsimile; sent by a nationally recognized overnight delivery service; or if mailed or deposited in the United States mail and sent by registered or certified mail, return receipt requested, postage prepaid to the Member at its main office. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission shall be the same as delivery of an original document. 11. Amendment. No modification, termination or amendment of this Agreement may be made except by a majority vote of the Members, with each Member’s vote being duly authorized by the legislative body of each Member. Commented [KK6]: Do we want to qualify this to only apply to withdrawals for convenience as opposed to conflict/default? If we withdraw because of conflict or an alleged default by another member, we forfeit our financial interests. Commented [BB7R6]: Our financial contributions will likely be used in total on an annual basis for training and equipment maintenance. If Allison or Council have specific concerns about this we could qualify this. I'm open to suggestion in this area. Commented [KK8]: See above comment Commented [BB9R8]: See my previous comment. Moses Lake Council Packet 4-12-22, Page 157 of 257 REGIONAL HAZMAT TEAM INTERLOCAL AGREEMENT PAGE 5 OF 11 12. Captions. The captions of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement. 13. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 14. Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. 15. Additional Acts. Except as otherwise provided herein, in addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by any Member hereto, the Members hereto agree to perform, execute and/or deliver, or cause to be performed, executed and/or delivered, any and all such further acts, deeds and assurances, which may reasonably be required to effect the purposes of this Agreement. 16. Neutral Authorship. Each provision of this Agreement has been reviewed and negotiated, and represents the combined work product of all Members hereto. No presumption or other rules of construction that would interpret the provisions of this Agreement in favor of or against the Member preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. 17. Disputes. The parties agree to attempt mediation prior to the filing of any legal action as a condition precedent to filing a legal action. 18. Governing Law. This Agreement, and the rights of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Washington and the Members agree that for any litigation, venue shall lie exclusively in Chelan County, Washington. 19. Entire Agreement. The entire agreement between the Members hereto is contained in this Agreement, and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to the subject matter of this Agreement. This Agreement may be amended only by written instrument executed by the Members subsequent to the date hereof. ADOPTED in open public meetings by the following Members: Approved by CHELAN COUNTY FIRE PROTECTION DISTRICT NO. 1 ____________________________ By: Phil Dormaier Moses Lake Council Packet 4-12-22, Page 158 of 257 REGIONAL HAZMAT TEAM INTERLOCAL AGREEMENT PAGE 6 OF 11 Its: Chair ____________________________ By: Gordon Zimmerman Its: Commissioner ____________________________ By: Cam de Mastre Its: Commissioner ATTEST: ____________________________ By: Cindy Blaufuss Its: Administrative Coordinator Date: _______________________ Moses Lake Council Packet 4-12-22, Page 159 of 257 REGIONAL HAZMAT TEAM INTERLOCAL AGREEMENT PAGE 7 OF 11 Approved by DOUGLAS COUNTY FIRE PROTECTION DISTRICT NO. 2 ____________________________ By: Ettore Castellente Its: Commissioner ____________________________ By: Danny Johnson Its: Commissioner ____________________________ By: Dave Fennell Its: Commissioner ATTEST: ____________________________ By: _________________________ Its: _________________________ Date: _______________________ Moses Lake Council Packet 4-12-22, Page 160 of 257 REGIONAL HAZMAT TEAM INTERLOCAL AGREEMENT PAGE 8 OF 11 Approved by CHELAN COUNTY FIRE PROTECTION DISTRICT NO. 7 ____________________________ By: Russ Jones Its: Commissioner ____________________________ By: Phil Moller Its: Commissioner ____________________________ By: Karyl Oules Its: Commissioner ATTEST: ____________________________ By: _________________________ Its: _________________________ Date: _______________________ Moses Lake Council Packet 4-12-22, Page 161 of 257 REGIONAL HAZMAT TEAM INTERLOCAL AGREEMENT PAGE 9 OF 11 Approved by CITY OF MOSES LAKE (MOSES LAKE FIRE DEPARTMENT) ____________________________ By: Allison Williams Its: City Manager Approved as to Form: ____________________________ By: Katherine Kenison Its: City Attorney ATTEST: ____________________________ By: Debbie Burke Its: City Clerk Date: _______________________ Moses Lake Council Packet 4-12-22, Page 162 of 257 REGIONAL HAZMAT TEAM INTERLOCAL AGREEMENT PAGE 10 OF 11 EXHIBIT A MEMBERS Member Date Member Joined NCWHT Member’s Representative to Board of Directors Chelan County Fire Protection District No. 1 Initial Brian Brett Douglas County Fire Protection District No. 2 Initial Rob Bullock Chelan County Fire Protection District No. 7 Initial Mark Donnell Moses Lake Fire Department Initial Brett Bastian Moses Lake Council Packet 4-12-22, Page 163 of 257 REGIONAL HAZMAT TEAM INTERLOCAL AGREEMENT PAGE 11 OF 11 EXHIBIT B INITIAL DIRECTORS OF NCWHT Director Organization Brian Brett Chelan County Fire Protection District No. 1 Rob Bullock Douglas County Fire Protection District. No. 2 Mark Donnell Chelan County Fire Protection District No. 7 Brett Bastian Moses Lake Fire C:\Users\Cholt\AppData\Local\Box\Box Edit\Documents\H_Lizyy6pEmwbl+88kzAkA==\Interlocal Agreement_02.28.2022.doc Moses Lake Council Packet 4-12-22, Page 164 of 257 Bylaws of North Central Washington Hazmat Team - 1 RESTATED BYLAWS OF NORTH CENTRAL WASHINGTON HAZMAT TEAM ARTICLE I Offices The Board of Directors of the Corporation hereby adopt these restated Bylaws of the Corporation. These Bylaws supercede and replace all previous versions of the Bylaws. 1.1 Registered Office and Registered Agent. The registered office of the corporation shall be located in the State of Washington at such place as may be fixed from time to time by the Board of Directors upon filing of such notices as may be required by law. The registered agent shall have a business office identical with such registered office. 1.2 Other Offices. The corporation may have other offices within or outside the State of Washington at such place or places as the Board of Directors may from time to time determine. ARTICLE II Members 2.1 Members. The corporation was created pursuant to Chapter 39.34 of the Revised Code of Washington and therefore membership is limited to fire districts, cities, counties, Indian tribes and other government agencies that provide emergency response services in hazardous materials incidents. Each member shall have one (1) vote in all matters requiring a vote of the Members. 2.2 Associate Contributors. The corporation may admit private business entities as “Associate Contributors.” Each Associate Contributor may, but is not required to, appoint a member to the Board of Directors; however, a majority of the Board of Directors will be appointed by the Members. The Associate Contributors may attend and participate in all meetings of the Members but shall not have a vote. The Associate Contributors shall have no authority that would conflict with Chapter 39.34 RCW. ARTICLE III Members’ Meetings 3.1 Meeting Place. All meetings of the Members shall be held at the registered office of the corporation, or at such other place as shall be determined from time to time by the Board of Directors, and the place at which any such meeting shall be held shall be stated in the notice of the meeting. 3.2 Associate Contributors Attendance. The representatives of the Associate Contributors shall be entitled to attend all meetings of the Members. 3.3 Annual Meeting Time. The annual meeting of the Members for the transaction of such business as may properly come before the meeting, shall be held each year on the ____ Moses Lake Council Packet 4-12-22, Page 165 of 257 Bylaws of North Central Washington Hazmat Team - 2 second (2nd) Tuesday of ___________ at the hour of 7:00 p.m. if not a legal holiday, but if such day is a legal holiday then on the next business day, at the same hour. 3.4 Annual Meeting-Order of Business. At the annual meeting of Members, the order of business shall be as follows: a. Calling the meeting to order; b. Proof of notice of meeting (or filing of waiver); c. Reading of minutes of last annual meeting; d. Reports of officers; e. Reports of committees; and f. Miscellaneous business. 3.5 Special Meetings. Special meetings of the Members for any purpose may be called at any time by the President or Board of Directors. 3.6 Notice. Notice of the time and place of the annual meeting of Members and of regular meetings other than the annual meeting shall be given by delivering personally or by mailing a written or printed notice of the same, at least ten (10) days, and not more than fifty (50) days, prior to the meeting to each Member and each Associate Contributor. 3.7 Waiver of Notice. A waiver of any notice required to be given any Member, signed by the person or persons entitled to such notice, whether before or after the time stated therein for the meeting, shall be equivalent to the giving of such notice. 3.8 Voting. Each Member shall designate a representative who shall vote for the Member in all matters. A Member may vote for the election of directors by mail in such a manner as authorized by the Board of Directors. 3.9 Quorum. One-quarter (1/4) of the Members entitled to vote represented at a meeting (or in the case of election of directors not present but voting by mail) shall be necessary and sufficient to constitute a quorum for the transaction of business. ARTICLE IV Board of Directors 4.1 Number. The initial Board of Directors shall consist of four (4) directors elected by the Members and a director appointed by each Associate Contributor. This number may be increased or decreased from time to time by a vote of the Board of Directors; however, no decrease shall have the effect of shortening the term of any incumbent director. The number of Member elected directors shall be automatically increased so that a majority of the directors shall consist of those elected by the Members. The term of each director shall be for two (2) years or until replaced by a vote of the Members. 4.2 Powers. In addition to the powers and authorities expressly conferred upon it by these Bylaws and Articles of Incorporation, the Board of Directors may exercise all such Commented [C-RD1]: Placeholder. Feel free to select a different date. Moses Lake Council Packet 4-12-22, Page 166 of 257 Bylaws of North Central Washington Hazmat Team - 3 powers of the corporation and do all such lawful acts and things as are not by statute or by the Articles of Incorporation or by these Bylaws directed or required to be exercised or done by the members of the corporation. 4.3 Vacancies. All vacancies in the Member elected positions on the Board of Directors, whether caused by an increase in the number of directors resignation, death or otherwise, may be filled by the affirmative vote of a majority of the remaining Member elected directors even though less than a quorum of the Board of Directors. A director elected to fill any vacancy shall hold office for the unexpired term of his or her predecessor and until a successor is elected and qualified. All vacancies in the Associate Contributor appointed positions on the Board of Directors shall be filled by an appointment from that Associate Contributor. 4.4 Regular Meetings. Regular meetings of the Board of Directors may be held at the registered office of the corporation or at such other place or places, either within or without the State of Washington, as the Board of Directors may from time to time designate. The annual meeting shall be held without notice at the registered office of the corporation immediately following the annual meeting of the Members. In addition to the annual meeting, there shall be regular meetings of the Board of Directors held, with proper notice, not less frequently than once each calendar quarter. 4.5 Special Meetings. Special meetings of the Board of Directors may be called at any time by the President or upon written request by any two (2) directors. Such meetings shall be held at the registered office of the corporation or at such other place or places as the directors may from time to time designate. 4.6 Notice. Notice of all special meetings of the Board of Directors (and of all regular meetings other than the annual meetings to be held at the place and time designated in Section 4.4) shall be given to each director by three (3) days prior service of the same by telegram, by letter, or personally. Such notice need not specify the business to be transacted at, nor the purpose of, the meeting. 4.7 Quorum. A majority of the whole Board of Directors and a majority of the Member elected directors shall be necessary and sufficient at all meetings to constitute a quorum for the transaction of business. 4.8 Waiver of Notice. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. A waiver of notice signed by the director or directors, whether before or after the time stated for the meeting, shall be equivalent to the giving of notice. 4.9 No Remuneration. No salary shall be paid to directors by the Corporation for their service as directors. However, the Board of Directors may reimburse directors for their reasonable expenses provided the Board of Directors has approved the expenditure in advance. 4.10 Removal. Any director may be removed at any time, with or without cause, by the affirmative vote of a majority of the Members. In addition, an Associate Contributor may remove a director appointed by it at any time and for any reason. Moses Lake Council Packet 4-12-22, Page 167 of 257 Bylaws of North Central Washington Hazmat Team - 4 4.11 Action by Directors Without a Meeting. Any action required or permitted to be taken at a meeting of the directors thereof, may be taken without a meeting by a written consent setting forth the action so to be taken, signed by all of the directors before such action is taken. Such consent shall have the same effect as a unanimous vote. Any such action may also be ratified after it has been taken, either at a meeting of the directors or by unanimous written consent. 4.12 Open Meetings. All meetings of the Board of Directors shall be subject to the Open meetings Act, Chapter 42.30 RCW. ARTICLE V Officers, Lead Agency, Public Funds and Public Records 5.1 Designations. The officers of the corporation shall be a President, one or more Vice Presidents (one or more of whom may be Executive Vice Presidents), a Secretary and a Treasurer, and such Assistant Secretaries and Assistant Treasurers as the Board may designate. All officers shall be elected for terms of one (1) year by the Board of Directors. Such officers shall hold office until their successors are elected and qualify. Any two (2) or more offices may be held by the same person, except the offices of President and Secretary. 5.2 The President. The President shall preside at all meetings of the Board of Directors, shall have general supervision of the affairs of the corporation, and shall perform such other duties as are incident to the office or are properly required of the President by the Board of Directors. 5.3 Vice Presidents. During the absence or disability of the President, the Executive Vice Presidents, if any, or any of the Vice Presidents in the order designated by the Board of Directors, shall exercise all the functions of the President. Each Vice President shall have such powers and discharge such duties as may be assigned to him or her from time to time by the Board of Directors. 5.4 Secretary and Assistant Secretaries. The Secretary shall issue notices for all meetings, except for notices of special meetings of the Members and the Board of Directors which are called by the requisite number of directors, shall keep minutes of all meetings, shall have charge of the seal and the corporate books, and shall make such reports and perform such other duties as are incident to the office, or are properly required of the Secretary by the Board of Directors. The Assistant Secretary, or Assistant Secretaries, in the order designated by the Board of Directors, shall perform all of the duties of the Secretary, and at other times may perform such duties as are directed by the President or the Board of Directors. 5.5 The Treasurer. The Treasurer shall have the custody of all monies and securities of the corporation and shall keep regular books of account. The Treasurer shall disburse the funds of the corporation in payment of the just demands against the corporation or as may be ordered by the Board of Directors (taking proper vouchers for such disbursements) and shall render to the Board of Directors from time to time as may be required, an account of all transactions undertaken as Treasurer and of the financial condition of the corporation. The Treasurer shall perform such other duties as are incident to the office or are properly required by the Board of Directors. The Assistant Treasurer, or Assistant Treasurers, in the order designated by the Board of Directors, Moses Lake Council Packet 4-12-22, Page 168 of 257 Bylaws of North Central Washington Hazmat Team - 5 shall perform all of the duties of the Treasurer in the absence or disability of the Treasurer, and at other times may perform such other duties as are directed by the President or the Board of Directors. 5.6 Term-Removal. The officers of the corporation shall hold office until their successors are chosen and qualified. Any officer or agent elected or appointed by the Board may be removed at any time, with or without cause, by the affirmative vote of a majority of the whole Board of Directors, but such removal shall be without prejudice to the contract rights, if any, of the person so removed. 5.7 Lead Agency. Chelan County Fire Protection District No. 1 shall be the Lead Agency. The Lead Agency shall be the administrative authority of operations conducted. Although the Board of Directors is charged with carrying out the provisions of the Bylaws, the Lead Agency shall not be required to perform any obligations hereunder which are inconsistent with its Charter, ordinances or policies, inconsistent with State law, or contrary to direction of the mayor or designate. 5.8 Lead Agency to Manage Funds and Equipment. The Lead Agency shall be solely responsible for managing the equipment, receiving contributions and collection and distribution of membership fees and charges for service. 5.9 Annual Membership Fees and Other Billings. The Lead Agency shall bill membership fees annually on or about December 1st for that member's share of all annual sums described herein, and shall bill for services as they occur and such billing as determined to be appropriate by the Board. 5.10 Fee Paid To Lead Agency. The Board of Directors may determine an appropriate fee (if any) to be paid to the Lead Agency to compensate the Lead Agency for the cost of the services required herein. ARTICLE VI Budget and Financing 6.1 The Board shall develop, adopt and submit to the Lead Agency an operational budget no later than June, 30th of each year for the next fiscal year beginning January 1. 6.2 The source of funds for activities to be carried out by the corporation shall consist of contributions, annual charges and charges for services. These funds shall be considered “public funds.” 6.3 The Board shall determine the annual charge per member by July 31st each year for the next fiscal year. ARTICLE VII Public Funds 7.1 Deposits. The monies of the corporation shall be deposited in the name of the corporation in such bank or banks as the Lead Agency shall designate and shall be drawn from such accounts only by check or other order for payment of money signed by such persons, and in such manner, as may be determined by the Lead Agency. Commented [C-RD2]: This is a placeholder. I think a formula or methodology for assessing the members should be inserted here. Moses Lake Council Packet 4-12-22, Page 169 of 257 Bylaws of North Central Washington Hazmat Team - 6 7.2 Public Funds. All funds of the corporation shall be deemed public funds without regard to their source and shall be accounted for and expended in conformity with the laws of the State of Washington relating to public funds. ARTICLE VIII Notices 8.1 Except as may otherwise be required by law, any notice to any member or director may be delivered personally or by mail. If mailed, the notice shall be deemed to have been delivered when deposited in the United States mail, addressed to the addressee at his or her last known address in the records of the corporation, postage prepaid. ARTICLE IX Indemnification of Officers, Directors, Employees and Agents 9.1 Indemnification. A director shall have no liability to the corporation or its Members or Associate Contributors for conduct as a director, except for acts or omissions that involve intentional misconduct by the director, or a knowing violation of law by the director or for any transaction from which the director will personally receive a benefit in money, property or services to which the director is not legally entitled. ARTICLE X Books and Records 10.1 Books and Records. The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its Board of Directors; and shall keep at its registered office or principal place of business a record of its directors, giving the names and addresses of all directors. 10.2 Public Records. All records of the corporation shall be deemed “public records.” The Lead Agency shall keep all books and records of the corporation in compliance with applicable laws including the Public Records Act. ARTICLE XI Amendments 11.1 The Board of Directors shall have power to make, alter, amend, and repeal the Bylaws of this corporation by a two-thirds (2/3rds) vote. 11.2 The Members shall have power to make, alter, amend, and repeal the Bylaws of this corporation by a two-thirds (2/3rds) vote. Signatures on Follow Page Moses Lake Council Packet 4-12-22, Page 170 of 257 Bylaws of North Central Washington Hazmat Team - 7 Adopted by resolution of the North Central Washington Hazmat Team Board of Directors on this __ day of _________, 2022. ____________________________ By: _________________________ Its: Director ____________________________ By: _________________________ Its: Director ____________________________ By: _________________________ Its: Director ____________________________ By: _________________________ Its: Director ATTEST: ____________________________ By: _________________________ Its: _________________________ C:\Users\Cholt\Box\CSD Drive\Clients\Fire and EMS Agencies\CHELAN 1\Hazmat Response Team\Bylaws 03.01.22.doc Moses Lake Council Packet 4-12-22, Page 171 of 257 STAFF REPORT To: Allison Williams, City Manager From: Shannon Springer, Human Resources Director Date: April 6, 2022 Proceeding Type: Consent Agenda Subject: Police Guild Contract Legislative History: Financial Impact: • First Presentation: April 6, 2022 Budgeted Amount: N-A • Second Presentation: Unbudgeted Amount: • Action: Motion Total Cost: Overview The labor agreement between the City of Moses Lake and the Moses Lake Police Officer’s Guild bargaining unit expired December 31, 2021. The parties were able to work through a collective process and agreement on a new four-year agreement. Fiscal and Policy Implications Wages: 2022 – 4.5% wage adjustment 2023 – 4.5% wage adjustment 2024 – Reopen 2025 – Reopen Benefits: 1. Employees who participate in the Section 457 Deferred Comp Plan will receive a City match up to a maximum of 2% of the employee’s base pay. 2. Longevity Pay was updated to add 1% for 60 months of tenure. 3. A vacation accrual schedule was added for 12-hour shifts. 4. Line of Duty Death was added to allow for officer’s beneficiary to be entitled to 100% compensation of the employee’s sick leave to a maximum of 480 hour. 5. Holidays were added for Martin Luther King and Juneteenth added; one floating holiday was removed. Moses Lake Council Packet 4-12-22, Page 172 of 257 6. The boot allowance was updated to $150 per year bankable up to two (2) years for a maximum of three hundred dollars ($300). 7. Assorted language clean-up. The impact of wages and deferred compensation will be in-line with the City’s budget for Fiscal Year 2022. Per the agreement, in years 2024 and 2025, the parties agreed to reopen for the sole purpose of negotiating base wages and deferred compensation. Council Packet Attachment A. Labor Agreement between City of Moses Lake and Moses Lake Police Officer’s Guild (January 1, 2022 – December 31, 2025) Finance Committee Review – N/A Legal Review – 4/5/2022 Options Option Results Adopt as presented. If ratified, the City and bargaining unit will be operating under an updated agreement that meets the business needs of both parties. Request Additional Information. City staff will provide the City Council with the additional information as requested. Action Requested Authorize the City Manager to sign the Collective Bargaining Agreement with the Moses Lake Police Officer’s Guild. Moses Lake Council Packet 4-12-22, Page 173 of 257 LABOR AGREEMENT BETWEEN CITY OF MOSES LAKE AND MOSES LAKE POLICE OFFICER’S GUILD January 1, 2022 – December 31, 2025 Moses Lake Council Packet 4-12-22, Page 174 of 257 2 TABLE OF CONTENTS PREAMBLE ................................................................................................................................... 3 ARTICLE 1 - PURPOSE AND INTENT .................................................................................... 4 ARTICLE 2 - RECOGNITION..................................................................................................... 5 ARTICLE 3 - GUILD MEMBERSHIP......................................................................................... 6 ARTICLE 4 - GUILD BUSINESS AND POSTINGS ................................................................ 7 ARTICLE 5 - LABOR/MANAGEMENT MEETINGS ............................................................... 8 ARTICLE 6 - STRIKES/LOCK OUTS ....................................................................................... 9 ARTICLE 7 - EMPLOYER RIGHTS ........................................................................................ 10 ARTICLE 8 - COMPLIANCE/NON-DISCRIMINATION ........................................................ 11 ARTICLE 9 - DISCIPLINE/DISCHARGE ................................................................................ 12 ARTICLE 10 - GRIEVANCE PROCEDURE .......................................................................... 13 ARTICLE 11 - RIGHT OF APPEAL ......................................................................................... 15 ARTICLE 12 – WAGES / OUT-OF-CLASS PAY / LONGEVITY SCALE .......................... 16 ARTICLE 13 - HEALTH AND WELFARE ............................................................................... 18 ARTICLE 14 - HOURS OF WORK .......................................................................................... 19 ARTICLE 15 - VACATION ........................................................................................................ 21 ARTICLE 16 - SICK LEAVE/LEAVE ....................................................................................... 23 ARTICLE 17 - SHARED LEAVE .............................................................................................. 25 ARTICLE 18 - OVERTIME ........................................................................................................ 26 ARTICLE 19 - HOLIDAYS ........................................................................................................ 27 ARTICLE 20 - UNIFORM ALLOWANCES ............................................................................. 28 ARTICLE 21 - NEW POSITIONS ............................................................................................ 29 ARTICLE 22 - PROBATIONARY PERIODS .......................................................................... 30 ARTICLE 23 - SENIORITY ....................................................................................................... 31 ARTICLE 24 - SAVINGS CLAUSE .......................................................................................... 32 ARTICLE 25 - TERM OF AGREEMENT ................................................................................ 33 APPENDIX A WAGES ............................................................................................................ 35 APPENDIX B ALCOHOL AND DRUG ABUSE TESTING ................................................ 36 APPENDIX C POLICE BILL OF RIGHTS ............................................................................ 42 APPENDIX D K-0 UNIT ASSIGNMENT ............................................................................... 44 APPENDIX E MEMORANDUM OF AGREEMENT ............................................................ 46 Moses Lake Council Packet 4-12-22, Page 175 of 257 3 PREAMBLE This agreement is made and entered into by and between the City of Moses Lake, hereinafter referred to as the “City”, and the Moses Lake Police Officer’s Guild, hereinafter referred to as the “Guild”. All modifications and/or changes to the contract shall affect only those employees of the bargaining unit. The purpose of this Agreement is to set forth the hours of work and conditions of employment for the employees who are represented by the Guild. Moses Lake Council Packet 4-12-22, Page 176 of 257 4 ARTICLE 1 - PURPOSE AND INTENT 1.01 The general purpose of this Agreement is to set forth the terms and conditions of employment and provide for a system to promote orderly labor relations for the mutual interest of the City, the employees, and the Guild. 1.02 The parties recognize that the interest of the community and the job security of the employee depend upon the City’s success in establishing a proper service to the community. 1.03 To these ends the City and the Guild encourage to the fullest degree friendly cooperative relations between the respective representatives at all levels and among all employees. 1.04 The provisions of this Agreement shall be applied equally to all employees in the bargaining unit represented by the Guild without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, political affiliation, or any other basis protected by law. The Guild shall share equally with the City the responsibility for applying the provisions of this Agreement and this provision shall not be subject to the Grievance Procedure. Moses Lake Council Packet 4-12-22, Page 177 of 257 5 ARTICLE 2 - RECOGNITION 2.01 The City recognizes the Guild as the exclusive bargaining agent for all Police Officers through the rank of Sergeant, excluding Department Heads, confidential employees, and elected officials, for the purpose of collective bargaining in respect to wages, hours and other conditions of employment. Moses Lake Council Packet 4-12-22, Page 178 of 257 6 ARTICLE 3 - GUILD MEMBERSHIP 3.01 The City recognizes that bargaining unit members of the Guild may, at their discretion, become members of the Guild. 3.02 The City shall provide to the Guild the name, address, and telephone number of all new bargaining unit employees. As soon as practicable, the City shall provide an opportunity for the Guild to meet with new bargaining unit employees to discuss Guild representation. When requested by the Guild, the City shall provide the Guild with a roster of employees covered by this Agreement. 3.03 The City agrees to deduct, in twelve (12) installments, dues from the pay of those employees who individually request, in writing, that such deduction be made. The amount to be deducted shall be certified to the City by the Guild, and the aggregate deductions of all employees shall be remitted, together with an itemized statement, to the Guild. The Guild agrees to defend at its own expense, hold harmless and indemnify the City from any and all liability it may incur for complying with this section. Moses Lake Council Packet 4-12-22, Page 179 of 257 7 ARTICLE 4 - GUILD BUSINESS AND POSTINGS 4.01 Authorized agents of the Guild may, subject to the operating efficiency of the Department, have access to the City's establishment during working hours for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to. 4.02 Guild officials may investigate and process grievances during working hours without loss of pay. They are to maintain the progress of work, obtain permission of their immediate supervisor before leaving their place or station of work to investigate a grievance or handle a complaint or other labor matters. Guild officials shall use judgment in deferring action or investigating disputes or complaints when the progress of the work is critical. 4.03 The names of employees selected as Guild officials and the names of other Guild representatives who may represent an employee shall be certified in writing to the City by the Guild. 4.04 Up to two (2) Guild officials designated by the Guild will be allowed to perform Guild duties during working hours as long as the normal work activity of the Department is not interrupted, including meetings with management where their presence is required (including negotiations). Moses Lake Council Packet 4-12-22, Page 180 of 257 8 ARTICLE 5 - LABOR/MANAGEMENT MEETINGS 5.01 It is mutually agreed that a committee from the Guild and a committee from the City shall conduct regular labor/management meetings for the purpose of resolving problems and addressing matters of safety that may arise and to promote the general climate of labor/management relations. Meetings shall be conducted semi- annually but they may be scheduled more often by mutual agreement. 5.02 The two (2) committees shall be comprised of two (2) members from the Guild and members representing the City. Additional person(s) may be invited to participate by mutual agreement. Meeting agendas will be prepared in each case, and submitted in advance of each meeting. Nothing in this article shall be construed as conferring on either party the right to reopen this agreement, or any part thereof, for renegotiation. Moses Lake Council Packet 4-12-22, Page 181 of 257 9 ARTICLE 6 - STRIKES/LOCK OUTS 6.01 The Guild and the City agree that the public interest requires the efficient and uninterrupted performance of emergency services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. The Guild agrees that it will not cause, encourage, participate in, or support any strike or strike picketing against the City of Moses Lake, or any slowdown or other interruption of or interference with the normal routine. 6.02 Any employee engaging in or having taken part in any of the above actions shall be subject to disciplinary action which may include suspension or immediate dismissal by the City. Wages and benefits will not be paid to employees engaged in any of the foregoing activities. 6.03 Any action taken by the City of Moses Lake under this Article must be uniform and equal. Moses Lake Council Packet 4-12-22, Page 182 of 257 10 ARTICLE 7 - EMPLOYER RIGHTS 7.01 Except as expressly limited by a specific provision of this Agreement or law, the City hereby reserves and retains the exclusive right to take any action it deems appropriate for the efficient management of its facilities or operations and the direction of its work force. The City by not exercising any right hereby reserved to it or the exercise of any such right or function in a particular way, shall not be deemed a waiver of the right to exercise such prerogatives or rights in the same or some other way not in conflict with the terms of this Agreement. Moses Lake Council Packet 4-12-22, Page 183 of 257 11 ARTICLE 8 - COMPLIANCE/NON-DISCRIMINATION 8.01 The City and the Guild will comply with Washington State Civil Service Rules and Regulations and will actively cooperate to ensure compliance with all federal and state civil rights laws. The City and the Guild are mutually committed to a workplace free from discrimination. The City and the Guild agree that there will be no discrimination against any employee, or applicant for employment, because of race, sex, age, religion, color, political affiliation, veteran status, national origin, condition as protected under the Americans with Disabilities Act or any status protected by law. Any claim of unlawful discrimination must be processed privately by the employee to the appropriate local, state, or federal agency or through the courts and shall not be subject to the grievance procedure. Employees believing they may have been discriminated against should comply with City policies concerning the notification to the City. 8.02 No employee covered by this Agreement shall be discriminated against because of membership in the Guild or activities on behalf of the Guild. Moses Lake Council Packet 4-12-22, Page 184 of 257 12 ARTICLE 9 - DISCIPLINE/DISCHARGE 9.01 The City has the right to discipline or discharge employees for just cause. No provision of these disciplinary procedures are to be construed as to mandate the use of progressive discipline; although the City will strive to adhere to the principles of progressive discipline. 9.02 If the City elects to use disciplinary action, then it will attempt to, but is not required to, administer discipline in a progressive fashion. If used, the progressive discipline will be dependent on the severity of the infraction, and the City is not required to adhere strictly to the order or system set forth below; A. Verbal reprimand. B. Written reprimand. C. Suspension without pay. D. Disciplinary demotion E. Discharge 9.03 All steps in progressive discipline shall be conducted formally, in a private meeting with the employee having a right to representation. Employees shall receive prior written notification of the issues to be discussed before issuing a written reprimand or above. It is the City’s responsibility to inform the employee(s) of their right to Guild representation. The Guild will be provided copies of all disciplinary actions. 9.04 Employees will be entitled to a pre-termination hearing, with the right to Guild representation, to present evidence, arguments, and witnesses in their defense. 9.05 The City will strive to investigate and administer disciplinary actions in a timely manner. (See Investigatory Process) 9.06 Disciplinary records may, after two (2) calendar years from the date of the incident, and upon the employee’s written request, be removed from the employee’s personnel file, unless in the intervening period related infractions have occurred. In this case the time frame above starts over from the date of the most recent related infraction. Documents removed from the employee’s personnel file shall be retained in a separate file held with the Human Resource Department for the officer’s employment and a minimum of 10 years thereafter as required in RCW 43.101. 9.07 Both parties agree that the carrying out of departmental policy and procedures is exclusively the province of the Police Chief. 9.08 An employee shall be allowed to inspect his/her personnel file, with the exception of materials that are exempt from disclosure pursuant to Washington law and may obtain a copy of such file at any reasonable time. The employee may request removal of material which he/she believes erroneous or irrelevant. This request will be reviewed by the Human Resources Director. If the employee does not agree with the Human Resources Director’s decision, he /she may prepare a statement of dissent which will be placed in the file. Moses Lake Council Packet 4-12-22, Page 185 of 257 13 ARTICLE 10 - GRIEVANCE PROCEDURE 10.01 Any grievance or dispute which may arise between the parties concerning the application, meaning, or interpretation of this Agreement, shall be settled in the manner prescribed by this grievance procedure. The parties acknowledge that verbal reprimands, verbal counseling, and performance evaluations are not subject to appeal or grievance. 10.02 “Grievance” is defined as a claim or dispute by an employee, group of employees, or authorized Guild representatives concerning the interpretation or application of the provisions of this Agreement. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his supervisor or Department head without representation by the Guild as provided by state law. 10.03 Should a subject for claim or dispute arise, there shall be no stoppage of work by employees, but an earnest effort shall be made to settle such claims or disputes promptly and, in the manner, hereinafter outlined. Prior to initiating a written grievance, an employee shall attempt to resolve the matter with his/her supervisor, or in their absence, with the next person in the chain of command. A. Step 1 - A grievance will first be brought to the Guild Grievance Board for review to determine the validity of the grievance, and if the Guild will take up the issue and pursue a remedy. If the Board finds valid reason to pursue remedy, then the process will move to Step 2. B. Step 2 - A grievance may be presented to the Police Chief or designee by a Guild Representative within fourteen (14) calendar days of the Guild member becoming aware of the incident, in writing, setting forth: 1. The nature of the grievance 2. A statement of the facts upon which the grievance Is based 3. The provisions of the agreement allegedly violated 4. A statement of how the alleged facts violate the terms of this agreement 5. A statement of the relief desired C. Step 3 - The Police Chief or designee shall attempt to settle the grievance within fourteen (14) calendar days after it has been presented. D. Step 4 - If the grievance is not settled by the Police Chief within the time allowed, it may be presented to the City Manager, by a Guild Representative, within fourteen (14) calendar days of the Police Chief’s response or the expiration of the time limit in Step 3. E. Step 5 - The City Manager shall have fourteen (14) calendar days to review the grievance. If the City Manager does not respond or otherwise settle the grievance within the fourteen (14) calendar day period, the grievance may be advanced to Step 6 within fourteen (14) calendar days of the Step Moses Lake Council Packet 4-12-22, Page 186 of 257 14 4 response or, if not received within the allotted time period, the date the response was due. F. Step 6 - If the grievance is not settled at Step 5, the dispute will be referred to the negotiating committee of both parties. The two (2) committees shall meet within fourteen (14) calendar days to consider the dispute. At that meeting, all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. If no satisfactory solution is reached in this step, the matter may be submitted to arbitration within fourteen (14) calendar days of the conciliation meeting. (6) Arbitration - The parties shall attempt to select an arbitrator by mutual agreement for non-disciplinary arbitrations. If the parties have been unable to select an arbitrator within ten (10) calendar days, the two (2) sides will request a list of qualified arbitrators from the Public Employment Relations Commission. The list shall contain nine (9) names. The order of striking shall be a coin toss. Each party shall alternatively cross off one (1) name until only one (1) name remains. In arbitrations involving disciplinary actions, the arbitrator will be assigned through the Public Employment Relations Commission’s rotating pool of law enforcement grievance arbitrators as defined in RCW 41.56.125. This person shall then be designated as the arbitrator. The arbitrator shall conduct the arbitration within six (6) months of the appointment unless otherwise agreed by the parties. The decision of the arbitrator shall be final and binding on the parties. 10.04 The Arbitrator shall make his/her own rules of procedure. The Arbitrator shall have no authority to amend, alter, or modify this Agreement or its terms and shall limit his/her decision solely to the interpretation and application of this Agreement. 10.05 Each grievance or dispute will be submitted separately except when the City and Guild mutually agree to have more than one (1) grievance or dispute submitted to the Arbitrator. 10.06 The City and the Guild shall bear the expense of the Arbitrator and related stenographic expenses on an equal basis. 10.07 Each party shall bear the costs of their own representative/attorney(s). 10.08 The decision of the Arbitrator shall be issued within thirty (30) calendar days of the close of the hearing and scheduled receipt of any post-hearing briefs. 10.10 Time Limits: Time limits may be extended by mutual written agreement. Except as otherwise provided herein, if the City fails to comply with any of the above time limits, the matter will be settled in favor of the Guild’s last requested remedy. If the aggrieved/Guild fails to comply with any of the above time limits, the grievance is dropped and the City’s position is sustained. While forfeiture under this clause will finally resolve the matter in dispute, it will not establish a precedent between the parties on issues of contractual interpretation. There shall be no interruption of work while grievances are being resolved. Moses Lake Council Packet 4-12-22, Page 187 of 257 15 ARTICLE 11 - RIGHT OF APPEAL 11.01 Regular employees (non-probationary) shall have the right to challenge discipline as a grievance or as an appeal through the Civil Service Rules and Regulations, but the employee is limited to one (1) or the other. Moses Lake Council Packet 4-12-22, Page 188 of 257 16 ARTICLE 12 – WAGES / OUT-OF-CLASS PAY / LONGEVITY SCALE 12.01 All wage increases apply only to those members of the bargaining unit employed on the date of ratification. See Appendix A for wage increases. 12.02 Employees will receive education incentive pay upon hiring for degrees as specified below: 2.0% for any AA or AAS degree from an accredited college recognized by the State of Washington 4.0% for a BA or BS degree from an accredited college recognized by the State of Washington. 12.03 Members currently employed as of 1/1/01 by the City of Moses Lake who have degrees in any field will receive the educational incentive. The Guild will be provided with written notice of the City’s decision on the eligibility of any officer hired in the future for educational incentive benefits, and any denial of benefits be subject to the grievance procedure. 12.04 If a shift is absent both the sergeant and corporal, the appointed officer-in- charge will receive an additional three percent (3%) for hours actually worked as O.I.C. The O.I.C will be appointed by the Police Chief or his designee based on qualifications, skills, training and years of service. The appointed OIC will serve at the discretion of the Police Chief and may be changed at any time. 12.05 Members who are certified FTO (Field Training Officer) and assigned by the Police Chief to perform such functions will be compensated at an additional two and a half percent (2.5%) of the top officer rate for all hours actually spent performing such functions. Members who are assigned by the Police Chief to perform detective functions will be compensated at an additional two percent (2%) of the top officer’s rate for the duration of such assignment. Members assigned to Major Crimes will receive an additional two percent (2%) in addition to the two percent (2%) detective pay received for the duration of such assignment. The unit member due to the nature of work is responsible to answer their communication device when called upon for service. (The Police Chief reserves the exclusive right to unilaterally remove any individual from the detective assignment at any time without recourse to the grievance procedure.) 12.06 Officers assigned as K-9 handlers will receive 5% specialty pay as compensation for “kennel time” for routine care and maintenance of the dog 12.07 Officers assigned as SROs will receive 2% specialty pay for hours worked as an SRO. Moses Lake Council Packet 4-12-22, Page 189 of 257 17 12.08 Longevity Pay - Longevity will begin after the officer has completed their 5th year of service (with a maximum of 25 years of service). After the completion of a 5- year term the officer will receive compensation as shown on the longevity scale. After completing each term (60 months/5 years, 120 months/10 years, 180 months/15 years, 240 months/20 years, and 300 months/25 years) the officer will receive the percentage increase as shown on the longevity scale. Longevity Scale: Completion of the following months of continuous service: 60 Months 120 Months 180 Months 240 Months 300 Months 1% 2% 3% 4% 5% 12.09 Compensation for Bi-lingual in Spanish Language – An officer will be provided a two percent (2%) specialty pay increase above the base wage rate that are bi- lingual in the Spanish language. The Chief shall have management’s discretion to assign the quantity of officers per shift that receive the specialty pay. 12.10 Kelly Time – (24 hours per 13 week rotation or a proration as appropriate), at the discretion of management, will be scheduled by the sergeants during the same rotation schedule that it is earned. Officers will request the Kelly Time through their sergeant based on seniority, and sergeants will work with the officers to meet the officer’s request as the schedule allows. If an agreement cannot be reached regarding the scheduling Kelly time off, the Department has the exclusive right to schedule employees for and require Kelly time be taken. If an officer terminates employment with a negative Kelly time bank, they will be required to pay those hours back to the City at the time of termination. In the case of an officer terminating employee with positive hours in their Kelly Time bank, those hours will be compensated at straight time. 12.11 Deferred Comp – For employees that participate in a Section 457 Deferred Comp Plan, the City will match up to a maximum of 2% of the employee’s base pay. Moses Lake Council Packet 4-12-22, Page 190 of 257 18 ARTICLE 13 - HEALTH AND WELFARE 13.01 The City will provide medical, dental, and vision insurance for each employee who received compensation for eighty (80) hours or more in the previous month and qualified dependents with the AWC HealthFirst 250, Washington Dental Service Plan E, and Vision Service Plan Ten ($10) copay plan. The members of the bargaining unit contribution rate will be a composite rate based on fifteen percent (15%) of the dependent medical premium and fifteen percent (15%) dental premium. The City will provide medical, dental, and vision insurance coverage for employees and the qualified dependents through the Association of Washington Cities Health Benefit Trust. The members of the Guild shall contribute fifteen percent (15%) of the dependent medical premium and fifteen percent (15%) of the dental premium. Federal income tax laws pertaining to medical insurance deductions are applicable. 13.02 If agreed to by a Labor/Management Committee that the level of benefit will remain substantially the same, the benefits provided by this Article may be provided through a self-insured plan or under a group insurance policy or policies issued by an insurance company or companies selected by the City. The Committee will be composed of two (2) representatives from labor and two (2) from management. The labor representative shall be the Guild Officer and Local Guild Business Agent. Moses Lake Council Packet 4-12-22, Page 191 of 257 19 ARTICLE 14 - HOURS OF WORK 14.01 A. In compliance with the provisions of the Fair Labor Standards Act, the City of Moses Lake and Moses Lake Police Officers’ Guild (Police) claim the Section 7 (k) exemption. Accordingly, a twenty-eight consecutive workday period is established for a maximum of 171 hours in the 28 day work period. Works hours above the FLSA overtime threshold shall be paid at time and one-half the regular rate of pay in accordance with the FLSA. B. Work hours outside the member’s regular work scheduled shall be paid at the overtime rate per Article 18. 14.02 The regular workday for Sergeants and Police Officers shall be no more than twelve (12) hours of work, including a thirty (30) minute interruptible mealtime and break time (minimum of two (2) per shift). Patrol Officers are assigned a 12-hour work schedule of four days on and four days off, with shifts rotating every 13 weeks and officers will rotate from days to nights and nights to days New employees prior to attending the Academy, Detectives, SRO Officers and other officers on light duty may be assigned a shift other than a 12-hour shift at the discretion of the Chief or his/her designee. The Chief and/or his/her designee may assign and may reassign officers to shifts based on needs of the shifts (i.e., experience, assignments). In the event of staffing shortage and/or emergency circumstances, the City shall have the right to suspend the 12-hour shift for any and all positions and revert to another approved schedule. 14.03 Except as otherwise provided above, shift change notices will be posted thirty (30) calendar days prior to their adoption and be scheduled every four (4) weeks for Police Officers. Changes to the shift schedule may be made within thirty (30) calendar days for discipline purposes. The Police Chief has the discretion to change an officer’s shift schedule with ten (10) days’ notice as disciplinary action. 14.04 The pay period payday shall be every other Friday, except if Friday falls on a holiday, then payday shall be on Thursday. If Thursday is also a holiday, then payday shall be the first working day thereafter. All pay rate changes or step changes shall be made effective the first day of a bi-weekly pay period after the effective date of the change. 14.05 Temporary shift changes due to training opportunities will be posted within seven (7) days of the training to allow the employee to attend the training yet also preventing the need to pay the employee overtime. 14.06 Employees who are scheduled to attend training on their scheduled day off will be compensated hour for hour of compensatory time for the hours worked based on their normal work schedule unless otherwise required by law. If the assigned training will exceed the FLSA threshold for the work period, the department may at its discretion flex the officers’ work schedule for the workweek to avoid overtime or assign 1.5 hours of compensatory time. Any hours worked beyond the Moses Lake Council Packet 4-12-22, Page 192 of 257 20 employee’s normally scheduled work hours will be compensated at 1.5 hours for every hour worked. For the purpose of this agreement, normal work hours for positions include, Patrol 12-hour workday, Investigations 10-hour workday, SROs 9-hour workday unless otherwise modified as set forth above. 14.07 Employees who are scheduled to attend the quarterly “TED” days on the employees scheduled day off will be compensated hour for hour of compensatory time for the hours worked based on the employee’s normal work schedule unless otherwise required by the FLSA. If the assigned TED day will exceed the FLSA threshold for the work period, the department may at its discretion flex the officers’ work schedule for the workweek to avoid overtime or assign 1.5 hours of compensatory time. Any hours worked beyond the employee’s normally scheduled work hours will be compensated at 1.5 hours for every hour worked. Training is defined as any training assigned by the Department whether it be internal or external to the department and includes travel to and from the venue. Moses Lake Council Packet 4-12-22, Page 193 of 257 21 ARTICLE 15 - VACATION 15.01 The vacation schedule for employees assigned to 9 hour and 10-hour shifts shall be as follows: Months of Service Hours Per Pay Period Annual Hours Earned Maximum Hours Cap 0 thru 60 3.70 96 192.4 61 thru 120 4.61 120 230.72 121 thru 180 5.53 144 287.56 181 thru 240 6.46 167 335.92 Over 241 7.38 192 383.76 The vacation schedule for employees assigned to 12-hour shifts shall be as follows: Months of Service Hours Per Pay Period Annual Hours Earned Maximum Hours Cap 0 thru 60 4.89 127.14 254.28 61 thru 120 6.14 159.64 319.28 121 thru 180 7.38 191.88 383.76 181 thru 240 8.63 224.38 448.76 Over 241 9.88 256.88 513.76 Employees shall be allowed to continue to accrue leave above the maximum accrual cap in a calendar year up to eighty (80) hours; however, any excess hours above the cap must be used by the second pay period in December of the same calendar year. Any hours unused above the maximum accrual cap at that time will be forfeited. Employees’ accrual rates will not be modified if they work a different shift for less than 90 days. Employees who work a different shift for more than 90 days will receive a vacation accrual equal to the shift they are assigned. For example, an officer assigned a 12-hour shift schedule who is temporarily assigned to a 9 hour shift schedule for light duty will not have their accrual rate change unless they will work the 9 hour shift schedule for more than 90 days. Moses Lake Council Packet 4-12-22, Page 194 of 257 22 15.02 An employee may make use of earned annual leave benefits following the completion of the first six (6) months of service with the City. The use of earned annual leave shall be subject to the approval of the Police Chief. Any employee who fails to give the City two (2) weeks’ notice before self-termination shall not be eligible for the accumulated vacation time between his last anniversary date and date of self-termination (quit). 15.03 Whenever possible, at the Police Chief’s discretion, vacation may be taken in less than five (5) day increments, if schedules can be covered. Vacation requests submitted between January 1and February 15 of each calendar year shall be granted with seniority prevailing on only one (1) vacation schedule request. All requests submitted after February 15 shall be considered on a first-come, first- served basis. No more than two (2) of the holidays listed in Article 18 can be chosen by any one (1) employee. The same holiday shall not be selected by any one (1) employee on consecutive years. Moses Lake Council Packet 4-12-22, Page 195 of 257 23 ARTICLE 16 - SICK LEAVE/LEAVE 16.01 All LEOFF II employees shall accrue sick leave at a rate of 3.70 hours per pay period. 16.02 New employees, when hired, shall be advanced three (3) shifts sick leave and shall accrue additional sick leave but shall not be able to utilize it, until the beginning of their fourth (4th) month of employment. 16.03 Members who have completed their review and evaluation period (probation) will receive a payout of twenty-five percent (25%) of unused accumulated sick leave (to a maximum accumulation of four hundred eighty (480) hours) as severance pay upon voluntary termination or a reduction in force. 16.04 Any necessary leave may be allowed by the Police Chief to permit any employee to serve as a member of a jury. Each employee who is granted such leave for the performance of the civil duties and receives any compensation, shall pay the compensation received to the City, exclusive of mileage. The City shall have the right to adjust employee's salary paid during the period of civil leave by any compensation received by the employee and not remitted to the City. 16.05 Employees of the City of Moses Lake shall be granted military leave as described in RCW 38.40.060. 16.06 The following shall be considered authorized uses of accrued sick leave: A. An absence resulting from an employee's mental or physical illness, injury, or health condition; to accommodate the employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care; B. To allow the employee to provide care for a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventive medical care; and C. When the employee's place of business has been closed by order of a public official for any health-related reason, or when an employee's child's school or place of care has been closed for such a reason. D. An employee is authorized to use paid sick leave for absences that qualify for leave under the domestic violence leave act, chapter 49.76 RCW. i. Maternity and paternity leave (not to exceed five (5) days per calendar year). ii. A forced quarantine of the employee in accordance with community health requirements. iii. Disability due to pregnancy or childbirth iv. Attending to a death in the immediate family (with department director approval). 16.08 Line of Duty Death – In the event that an officer is killed in the line of duty, the officer’s beneficiary will be entitled to 100% compensation of the employee’s sick leave Moses Lake Council Packet 4-12-22, Page 196 of 257 24 to a maximum accumulation of 480 hours. Payout will follow the City’s Sick Leave Payout policy. Moses Lake Council Packet 4-12-22, Page 197 of 257 25 ARTICLE 17 - SHARED LEAVE 17.01 On a case-by-case basis, upon approval of the City Manager, employees of the City of Moses Lake may donate vacation hours to city employees in the case of an exhaustion of accumulated or insufficient sick leave. Eligibility to donate vacation leave and receive leave from the Shared Leave bank shall be governed by the terms and conditions of the City Shared Leave Policy. Moses Lake Council Packet 4-12-22, Page 198 of 257 26 ARTICLE 18 - OVERTIME 18.01 All members shall be compensated at time and one half (1 ½ ) the employee's regular hourly rate (as defined by the FLSA) of pay for all authorized overtime actually worked and reported in excess of the FLSA overtime threshold. 18.02 An employee will be compensated at time and one-half (1 ½) the employee’s regular hourly rate for hours worked beyond eighty (80) hours in a pay period for employees assigned a 9-hour or 10-hour shift and for hours worked beyond their regularly scheduled shift for employees assigned a 12-hour shift. Provided, however, employees shall not receive overtime pay if the employee works more than eighty (80) hours or their scheduled hours of work in a work period when the hours worked over eighty (80) hours or outside their shift were because of a change in shift schedule. Nor will there be any deduction of salary if less than eighty (80) hours are worked in a work period because of a change in shift schedule. 18.03 When so required by supervisory or command personnel, employees shall receive a minimum of one-quarter (1/4) hour overtime credit for time worked. If the employee is required to work in excess of minimum, overtime will be computed for time actually worked and reported. 18.04 Any member attending mandatory court appearances while off-duty shall receive a minimum of three (3) hours overtime pay. If an employee is required to be in court in excess of three (3) hours, overtime will be computed for time actually worked and reported. Court appearances shall be made in accordance with the policy established by the Police Chief. 18.05 Accumulated overtime may be used as compensatory time off, when requested by the employee and authorized by the Police Chief, on the basis of equal time off for overtime accrued (time and a half). 18.06 An employee required to be on alert, standby, on-call, or called in while off-duty shall be compensated at time and one half (1 ½) the hourly rate of pay for a minimum of three (3) hours, any time in addition to three (3) hours to be compensated for actual time worked. 18.07 Any employee required to attend mandatory departmental meetings during off-duty time or mandatory training during off-duty time where such attendance will cause overtime to accrue during the pay period shall be compensated at the overtime rate for a minimum of two (2) hours. 18.08 Compensatory Time Buy-Back. Employees of the bargaining unit will be eligible to sell back up to 40 hours of compensatory time in November of the calendar year. The cash out will be paid at the hourly rate for which the compensatory time was earned. The employee may also choose to have the 40 hours of compensatory time paid into the employee’s ICMA Retirement Health Savings Account. Moses Lake Council Packet 4-12-22, Page 199 of 257 27 ARTICLE 19 - HOLIDAYS 19.01 Employees shall receive ninety-six (96) hours of straight time pay in lieu of holidays (including the floating holiday) to be provided in twenty-six (26) equal pay period installments. 19.02 The following shall be considered holidays for employees: Holidays Date to be Observed New Year's Day January 1 Martin Luther King Day Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Fourth Friday in November Christmas Day December 25 Floating Holiday 1 At employee's choice, subject to stipulations below No more than two (2) of the holidays listed in Article 19.02 can be chosen by any one (1) employee if a conflict between employees arises. The same holidays shall not be selected by any one (1) employee on consecutive years if a conflict between employees arises. 19.03 Authorized holidays which occur during vacation shall not be charged against annual leave. Moses Lake Council Packet 4-12-22, Page 200 of 257 28 ARTICLE 20 - UNIFORM ALLOWANCES 20.01 The City will furnish uniforms to the employees. The City will replace uniforms as they are worn out. The Police Chief will decide when the uniform is worn such as to require a replacement. A uniform is considered to be that clothing which the City requires an employee to wear on duty. Uniformed patrol officers shall be provided a footwear allowance for authorized boots/footwear of up to one hundred twenty- five dollars ($125) per year bankable up to two (2) years for a maximum of two hundred fifty dollars ($250). 20.02 Employees assigned to duties requiring plain clothes, for a thirty (30) day period or more, shall be paid an allowance of fifty dollars ($50) per month for such time as they are required to perform such duties. 20.03 The cleaning of prescribed uniforms will be paid for by the City. The frequency of cleaning and method of vendor payment will be established by the Police Chief. Moses Lake Council Packet 4-12-22, Page 201 of 257 29 ARTICLE 21 - NEW POSITIONS 21.01 When a uniformed officer is provisionally appointed (according to Civil Service Rules and Regulations) to fill a vacancy, subject to examination for permanent appointment to the vacancy, the employee shall receive the salary of the classification while performing the work within that classification. 21.02 Should it become necessary to establish a new job classification within the Bargaining Unit during the contract year, the City shall designate a job classification title. 21.03 When any position not listed on the wage schedule is established, the City shall bargain the pay rate for the classification. In such event, the City may assign a provisional pay rate to the employee, which shall have no weight in subsequent negotiations or impasse procedures. Moses Lake Council Packet 4-12-22, Page 202 of 257 30 ARTICLE 22 - PROBATIONARY PERIODS 22.01 Probationary periods upon initial appointment shall not exceed eighteen (18) months for entry level and twelve (12) months for laterals and may not be extended without the written agreement of the Guild. During an employee’s initial probationary period, he/she may be discharged by the employer at-will and such discharge shall not be subject to the grievance procedure. Probationary periods upon promotion shall not exceed twelve (12) months and shall not be extended without the written agreement of the Guild. During a promotional probationary period, an employee may be reverted to his/her former classification and such reversion shall not be subject to the grievance procedure. Moses Lake Council Packet 4-12-22, Page 203 of 257 31 ARTICLE 23 - SENIORITY 23.01 Seniority shall be defined as follows: A. Job classification seniority is the length of continued service in the employee’s job classification. B. Departmental seniority is the length of continuous service in the employee’s present department. C. City seniority is the length of cumulative employment with the City of Moses Lake. 23.02 The Department shall maintain and keep current a seniority roster noting the date of hire, current position by job title and/or classification. The roster shall be made available for inspection by an authorized Guild Representative and a copy shall be provided at no cost if requested. 23.03 Notices of job vacancies within the bargaining unit shall be posted on the bulletin board for fourteen (14) working days. Present employees who desire consideration for such openings shall notify the City in writing during the fourteen (14) day period that notice is posted. Moses Lake Council Packet 4-12-22, Page 204 of 257 32 ARTICLE 24 - SAVINGS CLAUSE 24.01 If any provision of this Agreement shall be held invalid by operation of law or by a tribunal of competent jurisdiction or if compliance or enforcement of any provision should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement shall not be held invalid and will remain in full force and effect. 24.02 If no agreement is reached prior to the expiration date of this Agreement, the provisions contained herein shall remain in full force and effect until a new Agreement is ratified by both parties. Moses Lake Council Packet 4-12-22, Page 205 of 257 33 ARTICLE 25 - TERM OF AGREEMENT 25.01 The terms of this agreement shall be in full force and effect on January 1, 2022 and shall remain in full force and effect through December 31, 2025. 25.02 All terms and conditions of the contract will remain in full force and effect throughout the life of the contract. Moses Lake Council Packet 4-12-22, Page 206 of 257 34 DATE AND ACKNOWLEDGED THIS DAY OF MARCH 2022, IN THE CITY OF MOSES LAKE, WASHINGTON, BY: MOSES LAKE POLICE OFFICERS’ GUILD By _ _ Dated: Curt Ledeboer, President CITY OF MOSES LAKE By Allison Williams, City Manager Dated: _ Moses Lake Council Packet 4-12-22, Page 207 of 257 35 APPENDIX A WAGES Entry Step 2 Step 3 Step 4 TOP Lateral 0-12 months 13-24 months 25-36 months 37-48 months 49 plus Academy and Probation 0-18 months 19-30 months 31-42 months 43-54 months 55 plus Note: Step increase will be received on the pay period following the completion of the previous step. Effective January 1, 2022 wages for members will be increased by 4.5%. WAGES FOR 2022 Classification Entry Step 2 Step 3 Step 4 Top Sergeant $8098 $46.72 Corporal $7660 $44.19 Officer $5835 $33.66 $6199 $35.77 $6567 $37.89 $6938 $40.03 $7295 $42.09 Effective January 1, 2023 wages for members will be increased by 4.5%. WAGES FOR 2023 Classification Entry Step 2 Step 3 Step 4 Top Sergeant $8382 $48.36 Corporal $7928 $45.74 Officer $6023 $34.78 $6417 $37.02 $6797 $39.22 $7181 $41.43 $7551 $43.56 The employees agree to reopen the parties’ collective bargaining agreement in 2024 and 2025 for the sole purpose of negotiating base wages and deferred compensation. Moses Lake Council Packet 4-12-22, Page 208 of 257 36 APPENDIX B ALCOHOL AND DRUG ABUSE TESTING This policy applies to every person in the performance of non-DOT regulated positions. No employee may use, possess, manufacture, distribute, promote or sell alcohol, any drug or drug paraphernalia while performing work for the City or while on City property or in a City vehicle. No employee may report to work, remain on duty, or perform any City business while impaired by or under the influence of any drug or alcohol. No employee may use City property or the employee’s position to make or engage in the selling, dispensing, transporting, distributing, manufacturing, compounding, or promoting of alcohol of drugs. The use of prescribed or over-the-counter drugs or possession incident to such use is not prohibited by this policy if the drug has been legally obtained and is being used for the purpose for which it was prescribed or manufactured; and the drug is being used by the person for whom it was prescribed at the dosage prescribed or authorized; and the use of the drug is not inconsistent with the safe and efficient performance of the employee's duties. It is the employee's responsibility to determine from his/her licensed practitioner, physician, or dentist whether the prescribed drug would impair their ability to perform the essential functions of their position. See below regarding reporting requirements. Regardless of State Laws on recreational and medical marijuana use, marijuana (THC) is a schedule I prohibited substance as defined by the United States Drug Enforcement Agency and is a banned substance under this policy. A positive marijuana test is a violation of this policy. A violation of this policy shall result in disciplinary action that may include termination. REPORTING REQUIREMENTS In accordance with the Drug Free Workplace Act of 1988, an employee who is convicted of any federal or state criminal drug statute for violation occurring in the workplace shall notify the Human Resources Department of the conviction no later than five (5) days after such conviction. The employee is required to immediately notify his or her supervisor of the use of any prescription medication that may affect the ability to perform duties safely and/or efficiently. The City may determine that such use is inconsistent with the City’s policy to maintain a safe workplace and direct the employee to use sick leave until able to safely perform their job. It is the responsibility of the employee to advise his/her treatment provider of the duties he/she is required to perform to determine the best form of treatment for the employee and any available alternatives. The City may refer any employee to a fitness for duty evaluation by a physician selected by the City if there are reasonable grounds to question their ability to perform the employee’s job satisfactorily and safely and/or compliance with this policy. Such evaluation shall be at the City’s sole expense. An employee may submit any information from the employee’s treating physician regarding prescribed drugs and potential impact on job performance. Moses Lake Council Packet 4-12-22, Page 209 of 257 37 TESTING Pre-Employment Testing – Applicants who have been given a conditional offer of employment in a nonregulated, safety-sensitive position may be required to pass a drug and/or alcohol test prior as a condition of employment. Each applicant subject to this section shall be advised in writing (generally at the time of application) that pre- employment testing will be conducted to determine the presence of drugs and/or alcohol in the applicant’s system. An applicant who refuses to submit or fails the drug and/or alcohol test will not be hired by the City. Testing Based on “Reasonable Suspicion” – Reasonable suspicion testing is used when circumstances indicate that an employee may have alcohol and/or drugs present in his or her system or has otherwise violated this policy. Reasonable suspicion may arise from, among other factors: a) Observable phenomenon while at work, such as direct observation of drug or alcohol use or of the physical symptoms or manifestations of being under the influence of alcohol or a drug. b) Abnormal conduct or erratic behavior while at work or significant performance decline, or changes indicating possible violation of this policy. c) Information provided either by reliable and credible sources or independently corroborated. d) Evidence that an individual has tampered with a drug or alcohol test. e) Involvement in a workplace, on-the-job incident or vehicular accident or any other actions which indicate a possible error in judgment or negligence which may be due to the presence of drugs and alcohol. f) Arrest or conviction of an alcohol or drug-related offense, or the identification of an employee as the focus of a criminal investigation into the illegal use, possession, sale, dispensation, transportation, distribution, manufacture, or promotion of alcohol or a drug. While the employee may be relieved of duty at any time because of such concerns, two supervisory personnel, at least one of whom is trained in detection of the possible symptoms of drug or alcohol use, shall substantiate, and concur in the decision to test an employee. If possible, the Human Resources Department should be consulted regarding the decision to test an employee for reasonable suspicion. An employee who is believed to be impaired by alcohol, drugs, or other substance shall not be allowed to continue performing their position responsibilities or drive a vehicle, including a private vehicle, until the condition of the employee has been determined. Post-Accident Testing – Following an accident (as defined above) involving an employee, the driver is required to submit to alcohol and drug tests to their supervisor. Testing should occur as soon as possible but may not exceed eight hours after the accident for alcohol testing and 32 hours after the accident for drug testing. A driver who is subject to post-accident testing must remain readily available for such testing and may not take any action to interfere with testing or the results of testing. Drivers who do not comply with post-accident testing requirement will be considered to have refused to submit to testing and will be subject to sanctions for refusal to test as provided in this policy Moses Lake Council Packet 4-12-22, Page 210 of 257 38 Refusal to Take Test – Refusal by an employee to submit to a drug and/or alcohol test authorized by this policy shall be considered insubordination and the same as a “positive” test result and shall be grounds for discipline, up to an including termination. Tampering with Test Results —Attempting to falsify drug or alcohol test results is prohibited and shall be grounds for discipline up to and including termination. Testing Procedures: If the City determines that testing is appropriate, the employee will be advised of the reason(s) for the test. At the employee's request, the employee shall be given an opportunity to confer with his/her union representative prior to submitting to a drug and/or alcohol test if such representative is readily available. Under no conditions shall the availability of a representative cause a test to be cancelled or unreasonably delayed. Drug and alcohol testing shall be administered at a facility designated by the City. The City will provide the employee's transportation to the facility. The collection and testing of the samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The employee shall complete appropriate consent forms and cooperate fully with the testing procedure and staff of the facility. The testing facility will report the results of the test directly to the City's Human Resources Director, or his or her designee, and shall indicate whether an employee passes or fails, and/or state an opinion as to whether the employee is able to return to duty. If an employee tests positive, the employee may obtain a copy of the test results. Except as provided herein, all testing results and records will be kept confidential to the extent permitted by law. The results and records may be made available to the City Manager, employee's department head, City Attorney, and other management level City personnel who are required to know for the purpose of determining appropriate discipline and/or counseling. The City shall pay for all costs of the test. An employee who submits to a drug and/or alcohol test will be placed on suspension with or without pay until the test results are delivered to the Human Resources Director or his or her designee. Return to Work: Following a Negative Result – If the test is negative, the employee should be returned to work without loss of pay or benefits. However, the employee may still be subject to disciplinary action arising from the situation and/or behaviors demonstrated which gave rise to the test. Following a Positive Result – A positive test will result in disciplinary action, up to and including termination. Should the discipline for a result of a positive test be less than Moses Lake Council Packet 4-12-22, Page 211 of 257 39 termination, the employee who has tested positive for drugs or alcohol will not be permitted to return to work until the employee has passed a drug and/or alcohol test and has been determined to be fit to return to work by the City. Additionally, if the employee is required to undergo evaluation and/or rehabilitation, he/she must have the approval of the appropriate rehabilitation program coordinator to return to work, where applicable. On return, such employee is subject to random testing as determined by the appropriate substance abuse professional after consultation with the City. Additionally, any employee allowed to return to work will be required to sign a “Last Chance” agreement. Employees will utilize their insurance benefits and/or EAP and will be responsible for any out-of- pocket costs for any follow-up testing. Refusal to comply with any requirement of this section shall disqualify the employee from employment with the City, be considered an act of insubordination and result in appropriate discipline. Search Notice and Conditions – The purpose of this section is to provide the parameters under which the City may conduct a search of City property under the control of an employee to determine whether the employee has committed a violation of this policy. When a supervisor or manager has reasonable suspicion to believe that an employee possesses alcohol or a drug in violation of this policy, the supervisor may conduct a search of any property that is owned and maintained by the City that the employee directly or indirectly controls or uses, including but not limited to City vehicles, offices, shelves, books, desks, file cabinets, storage furniture, machinery, clothing owned by the City but not worn at the time the search is conducted, and other property or equipment in which alcohol or a drug could be stored. Prior to conducting the search, the supervisor shall consult with the Human Resources Director, or his or her designee, to determine whether reasonable suspicion exists. An employee may request the presence of his/her union representative if such representative is readily available. To the degree appropriate, employee privacy and confidentiality shall be preserved by the City. However, employees shall have no expectation of privacy as to the work areas and City property described above. Any substance discovered on City premises in violation of this policy will be confiscated. The search of any employee, his or her personal purse, personal handbag, or personal briefcase, or his or her personally owned vehicle during a criminal investigation shall be conducted by a law enforcement officer and shall be outside the scope of this policy. However, nothing in this policy shall prohibit the City from notifying law enforcement officers in the event that criminal conduct is discovered during an investigation into a violation of this policy. Enforcement and Discipline – A violation of this policy may be grounds for immediate termination. Additionally, law enforcement authorities may be notified if criminal conduct is suspected. Rehabilitation and EAP – Subject to the coverage limitations of its benefits programs, the City offers employees the use of rehabilitative services through the Employee Assistance Program (EAP) and or medical insurance. Any employee who comes forth and notifies the City of alcohol or drug abuse problems will be given the assistance extended to employees with any other illness. Any such program, however, may not interfere with the tests required by these rules. Moreover, the fact that an employee is Moses Lake Council Packet 4-12-22, Page 212 of 257 40 chemically dependent does not relieve the employee in any way from abiding by this policy. In addition, chemically dependent employees are subject to appropriate disciplinary action up to and including termination if they violate this policy, do not meet satisfactory general performance standards, conduct requirements, or other conditions of employment. Sick leave, vacation leave or leave of absence without pay may be granted for treatment and rehabilitation as in other illnesses. Insurance coverage for treatment will be provided to the extent of individual coverage. Confidentiality of information will be maintained as much as possible at all times. Privacy – The City recognizes that employee and applicant records and information regarding substance abuse are extremely sensitive. Accordingly, records of employees receiving treatment for chemical dependency or other records or information secured regarding employees or applicants will be maintained and used by the City in confidentiality to the extent provided by law. The results and records may be made available to the City Manager, employee's department head, City Attorney, and other management level City personnel who have a legitimate business reason to know the information. The City will maintain records and reports as required by appropriate government authorities. Moses Lake Council Packet 4-12-22, Page 213 of 257 41 RE-ENTRY AGREEMENT This agreement is entered into between (employee) and the City of Moses Lake in order to provide (employee) the opportunity to demonstrate to the City of Moses Lake his/her fitness for continued employment. (Employee) understands that the City of Moses Lake has offered him/her this opportunity as a last chance for him/her to demonstrate his/her fitness for continued employment and that this Agreement is in lieu of his/her being discharged as an employee of the City of Moses Lake. (Employee) understands that his/her continued employment by the City of Moses Lake will be strictly governed by the terms of this Agreement; that he/she agrees to adhere strictly to all terms of the Agreement; and that he/she further agrees not to challenge, by grievance or otherwise, the City of Moses Lake's evaluation that his/her conduct preceding this Agreement subjects him/her to discharge from employment. In consideration for the City of Moses Lake's agreement to allow a continuation of (employee's) employment on the terms stated in this Agreement, (employee) agrees to adhere strictly to all terms specified herein. 1. (Employee) will continue to actively participate in the substance rehabilitation program as specified by his/her substance abuse professional and/or Employee Assistance Counselor. 2. Following discharge from completion of that program, (employee) agrees to abide by and complete all of the program's follow-up requirements, including sustained attendance at Alcoholics Anony- mous, Cocaine Anonymous, Narcotics Anonymous or other appropriate support group meetings and/or after-case sessions at the treatment facility for a period of one year or as otherwise recom- mended by the substance abuse professional. 3. (Employee) recognizes that his/her continued employment by the City of Moses Lake is contingent upon satisfactory completion of a one-to-five year probationary period, based upon the substance abuse professional's recommendation, during which time he/she will: A. Abstain from any use of controlled substances and/or alcohol B. Agree to random alcohol and/or controlled substances testing for a minimum of six (6) tests within the first twelve-month period following re-entry over a maximum period of 60-months based on the substance abuse professional’s recommendation. C. Maintain satisfactory job performance, conduct and attendance and be subject to discipline procedures for any failure to meet standards. 4. (Employee) understands that his/her previous job performance, conduct or attendance has not been satisfactory and that the termination of his/her employment is warranted. (Employee) further understands that because of this past problem, close supervision is necessary. (Employee) accepts his supervision for the next 12-60 months as a constructive part of his/her recovery and continued employment by the City of Moses Lake. 5. (Employee) understands that this Agreement is a FINAL WARNING and that ANY violation of this RE-ENTRY AGREEMENT will result in the immediate termination of his/her employment by the City of Moses Lake. (Employee) further agrees that if so terminated, he/she waives any right to file or pursue a grievance or other claim on his/her behalf to challenge such termination. Dated: , 20 Dated: , 20 _ Employee Supervisor Dated: , 20 Dated: , 20_ _ _ _ _ Department Director Human Resources Director Moses Lake Council Packet 4-12-22, Page 214 of 257 42 APPENDIX C POLICE BILL OF RIGHTS A. In an effort to ensure that investigations are conducted in a manner which is conducive to good order and discipline, bargaining unit employees shall be entitled to the following protections which shall hereafter be termed as the “Police Bill of Rights”. Every employee who becomes the subject of an internal investigation shall be afforded the rights contained in the rest of this section. B. Every employee who becomes the subject of a formal internal investigation shall be advised at the time of their interview that he/she is accused of: 1. Committing a criminal offense 2. Conduct that would be grounds for termination, suspension, or other disciplinary actions 3. Of their right to Guild representation C. Any employee who becomes the subject of a criminal investigation shall, prior to their interview, be notified that he/she is the subject of a criminal investigation and, further, that he/she is under no obligation to answer any questions or to remain in an interview setting involuntarily, except as provided herein. So long as the matter remains a criminal investigation, the remainder of this article shall not apply until or unless the Department determines to compel the subject employee to answer questions. A criminal investigation as used herein shall be interpreted as any investigation which could result in the filing of a criminal charge against the officer. In any non-criminal investigation, the balance of this article shall apply. D. Any interview shall take place at the Department, except when impractical. The employee shall be advised of his/her right to and allowed that Guild representation to the extent required by law. If the employee is a suspect, they shall be given a general overview of the factual allegations in writing before the interview commences. E. The interview of any employee shall be at a reasonable hour, when the employee is on duty, unless the exigency of the interview dictates otherwise. If the employee is suspected of misconduct, the interview generally shall be conducted in person, except that for limited follow-up questions or where there are other unusual situations, questioning may be telephonic or conducted virtually so long as a Guild representative is given the opportunity to participate in the call. F. The employee or Employer may request that an internal investigation interview be recorded, either mechanically or by a stenographer. There can be no “off the record” questions. Upon request, the employee under internal investigation shall be provided an exact copy of any written statement he/she has signed or of a verbatim transcript of any interview if one is created. G. Interviewing shall be completed within a reasonable time and, in all internal investigation interviews, the employee shall be afforded such intermissions as he/she Moses Lake Council Packet 4-12-22, Page 215 of 257 43 shall reasonably request for personal necessities, meals, telephone calls, and rest periods. H. All interviewing shall be limited in scope to activities, circumstances, or events which pertain to an employee’s conduct or fitness to hold office. I. The employee will not be threatened with dismissal or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any manner. No promises or rewards shall be made as an inducement for the accused officer to answer questions. J. No employee shall be required to unwillingly submit to a polygraph test, nor will employees be required to answer questions without a direct order to do so. K. Employees and/or their Guild Representative (if representing the employee) shall have access to complete copies of completed internal investigation files at any reasonable time once a Loudermill hearing has been scheduled, or after discipline has been imposed if no Loudermill hearing is held. Internal investigation files that do not result in an adverse finding shall not, in any way, be noted in that employee’s personnel file and shall not be considered in determining the level of discipline which is appropriate. L. Administrative non-criminal investigations must be completed within one hundred eighty (180) days of the matter coming to the attention of the Department. In the event the Office of the Chief believes an extension beyond one hundred eighty (180) days is necessary, and the City can show that it has acted with due diligence and the investigation could not be reasonably be completed due to factors beyond the control of the Department (including, but not limited to, for example, extended illness or other unavailability of a critical witness (i.e. - the complainant, the officer being investigated), or necessary delays in the processing of forensic evidence by other agencies), the Chief must contact the Guild prior to the expiration of the one hundred eighty (180) days seeking to extend the time period. Any request for extension based on the unavailability of witnesses shall include a showing that the witness is expected to become available in a reasonable period of time. A request for extension based upon the above criteria will not be unreasonably denied. The period of investigation may also be extended by mutual agreement between the Guild President and the Chief. Moses Lake Council Packet 4-12-22, Page 216 of 257 44 APPENDIX D K-0 UNIT ASSIGNMENT The City has formed a K-9 Unit as part of the Moses Lake Police Department. Below are the terms, conditions, and duties to perform that are associated with a K-9 Officer. The following terms and conditions will apply during the term the Officer is assigned to the K-9 Unit. 1. Both parties agree that the dog assigned to the Officer is owned by the City, but that the City does not have a facility for boarding the dog over night or during non-working hours. 2. The City agrees to provide Officer training regarding the use of the dog for law enforcement purposes, as well as training in the care of the dog during work duty and non-work duty hours. 3. Due to the significant financial costs associated with the purchase of, training and travel associated with the K-9 Unit, the Officer agrees to make a minimum 3-year commitment to the K-9 Unit. 4. City agrees to install at Officer’s residence a kennel for the housing of the dog during non-work duty hours. The kennel shall be the property of the City and will be removed from the Officer’s residence when the Officer’s assignment to the K-9 Unit is concluded. Officer will keep the dog secure while the dog is at Officer’s residence to prevent injury to the dog, the Officer’s family, and to the public. The kennel and exterior fencing of the Officer’s backyard will be signed advising the public that a “Trained Police Dog” resides at the residence. Should the Officer move residences during their assignment to the K-9 Unit, the Officer will be responsible for moving the kennel and paying for any associated costs due to the change of residency. 5. The Officer agrees to care for the dog as needed during both on-duty and off- duty hours. Routine, off-duty care shall include, but not be limited to feeding, grooming, and socializing the dog. The parties recognize that the time that it takes to provide such routine off-duty care is considered work hours, but also recognize that it is difficult to record the actual time that is spent caring for the dog each day since it will be intermittent throughout a day. Both parties have had an opportunity to review and analyze the time that will be involved in providing routine care (feeding, grooming, socializing, as well as any other routine care) to the dog during off-duty hours and have mutually agreed that the Officer assigned to the K-9 Unit will receive 5% specialty pay as compensation for “kennel time” for routine care and maintenance of the dog. Moses Lake Council Packet 4-12-22, Page 217 of 257 45 Taking the dog for veterinarian care and training with the dog is not considered routine care. 6. The parties agree that the K-9 Officer will be assigned to a 12-hour shift and work under the direction of the Special Operations Sergeant. Taking the dog to the veterinarian or training with the dog may be done during the Officer’s assigned work shift. In the event that emergency care is required to be done during hours other than the assigned work shift, the Officer will report those hours and will be compensated for those additional hours in accordance with the FLSA. 7. The K-9 Officer agrees to be available to be called out when needed. If the Officer is not available for call out, the Officer shall notify his immediate supervisor about the unavailability. 8. The K-9 Officer understands and agrees that he/she must be able to pass the CJTC physical ability test on a yearly basis during the period which the K-9 Officer is assigned to the K-9 Unit. Failure to pass the test may result in a re- assignment of the K-9 Officer. 9. The K-9 Officer will be issued a take home patrol vehicle as part of the assignment to the K-9 Unit. The vehicle will be used to transport the K-9 to and from work, training, veterinarian appointments and any other work-related assignments. The K-9 Officer understands that upon completion of the assignment to the K-9 Unit the vehicle will be returned to the City and the K-9 Officer will no longer be assigned to a take home vehicle. 10. The K-9 Officer understands that when he/she is no longer assigned to the K- 9 Unit, the K-9 Officer will no longer be responsible for the care of the dog and will turn the dog over to the Police Chief. 11. In the event that the dog becomes ill or injured, and is no longer able to perform law enforcement duties, the decision regarding the future ownership and care of the dog shall be at the sole discretion of the City. 12. The parties recognize that time and training associated with being a K-9 Officer is a significant financial and career investment on the part of both the Officer and the City. However, the parties also understand and agree that K- 9 Officer’s assignment to the K-9 Unit is contingent upon the Officer’s continued employment, appropriations to fund the K-9 Unit and the Officer’s performance. The decision to reassign the Officer is at the sole discretion of Police Chief. Moses Lake Council Packet 4-12-22, Page 218 of 257 46 APPENDIX E MEMORANDUM OF AGREEMENT By and Between City of Moses Lake and Moses Lake Police Officers' Guild June 13, 2017 Amended November 27, 2018 Subject: Memorandum of Agreement/Schedule Changes This MOA between the City of Moses Lake and the Moses Lake Police Officer Guild sets forth the following changes to the current schedule: 1. Effective as of June 26, 2017 the Ml-PD work schedule will move to a 12 hour shift schedule**. The shifts will start at 6 a.m. and 6 p.m. 2. The scheduled days will be 4 days on 4 days off. Based on a 28 day work cycle of 168 hours. 3. Overtime will be paid for all compensable hours worked over 168 within the 28 day work period as agreed to in the current collective bargaining agreement. 4. The shifts will rotate every 13 weeks and officers will rotate from days to nights or nights to days. 5. The chief or his/her designee will assign and may reassign officers to shifts based on needs of the shift, (i.e. experience, assignments) One sergeant will be assigned to each shift. 6. Vacation requests will be handled as outlined in the current contract. 7. In an effort to increase training opportunities, the chief or his/her designee reserves the right, within seven (7) days advanced notice, to temporarily alter all affected employee's schedules to prevent overtime. This will be allowed for training purposes only. 8. In the event of staffing shortage and/or emergent circumstances the City shall have the right to suspend the 12 hour shifts and revert to another approved schedule. 9. Kelly Time (24 hours per 13 week rotation or a proration as appropriate), at the discretion of management, will be scheduled by the sergeants during the same rotation schedule that it is earned. Officers will request the Kelly Time through their sergeant based on seniority, and sergeants will work with the officers to meet the officers request as the schedule allows. If an agreement cannot be reached regarding the scheduling Kelly time off, the Department has the exclusive right to schedule employees for and require Kelly time be taken. 10. If an officers terminates employment with a negative Kelly Time bank they will be required to pay those hours back to the City at the time of termination. In the case of an officer terminating employment with positive hours in their Kelly Time bank, those hours will be compensated at straight time. 11. ** New hires prior to attending the Academy, Detectives, SRO officers and officers on light duty may be on other than 12 hour shifts at the discretion of the Chief or his/her designee. It is understood by the parties that not every issue related to a new trial shift schedule can be or is addressed in the MOA. Therefore, the parties agree to meet and confer over any issues that may arise related to the 12 hour trial shift schedule. By the signature(s) below, the parties agree to the above changes. Moses Lake Council Packet 4-12-22, Page 219 of 257 47 Dated: FOR THE GUILD: Curt Ledeboer, President Moses Lake Council Packet 4-12-22, Page 220 of 257 Page 1 of 3 STAFF REPORT To: Allison Williams, City Manager From: David Bren, PE, Municipal Services Director Date: April 4, 2022 Proceeding Type: Consent Agenda Subject: Extra Territorial Agreement (ETA) Morales Residence Request for Water and Sewer Service 6479 Road 3 North East (Parcel #170751000) Legislative History: Financial Impact: • First Presentation: April 12, 2022 Budgeted Amount: N/A • Second Presentation: N/A Unbudgeted Amount: N/A • Action: Motion Total Cost: N/A Overview Gerardo and Ignacio Morales request approval to connect to the City’s water and sewer systems to serve a single-family residence. The property is located outside of the current City limits and is inside the UGA as defined in the most current Grant County Comprehensive Plan. The owner will be required to sign an Extra Territorial Agreement (ETA) to connect to City water and sewer. The ETA must be in place before a permit is issued for connecting to city service. The City currently has multiple ETA agreements in the immediate area. This property is within 360’ of the lake shoreline, connection we would support the reduction of septic system effluent making its way into the lake. Morales Residence 6479 Road 3 NE Moses Lake Council Packet 4-12-22, Page 221 of 257 Page 2 of 3 Fiscal and Policy Implications The City will receive water and sewer service fees for the residence long term. The City needs to receive transfer of a residential water right or the property owner needs to pay an Equivalent Residential Unit (ERU) fee for the Assignment of Limited City Water Rights to the parcel. The fee for (1) ERU is currently $1,200. The fee rate for the Assignment of Limited City Water Rights is much too low and needs to be revised along with the ETA Policy update. ETA Evaluation using Draft ETA Policy This ETA request is for a single-family residence, which is allowed under the (60) ETA hold put in place on 3.22.2022, is being evaluated under the Proposed Draft ETA Policy currently under review by Council. The evaluation of this request is conducted as follows: CLASS 0 ETA: Annexation not available. The property is in the UGA and not bordering the City Limits. CLASS 1 ETA: No Health Department Letter. However, reducing septic systems around the Lake is an excellent way to improve the health of the lake. CLASS 2 ETA: A City Water Main and City Sewer Force Main is in road bordering this parcel, West Shore Drive. The is a very short extension. The CLASS 2 ETA is Staff Supported. Morales Parcel 6479 Road 3 NE Moses Lake Council Packet 4-12-22, Page 222 of 257 Page 3 of 3 Council Packet Attachments A. Morales Service Request Letter B. Draft Extra Territorial Agreement Policy C. Extra Territorial Agreement Finance Committee Review N/A Legal Review: Type of Document Title of Document Date Reviewed • Agreement • Extra Territorial Agreement Options Option Results • Motion to approve The City Manager is authorized to sign an Extra Territorial Agreement with the property owners. • Provide staff with changes Action would require staff to bring a revised document to Council for consideration. • Take no action. The proponent would not connect to City utilities and pursue other options to provide water and sewer service to the property. Action Requested Staff recommends a City Council motion to authorize the City Manager to sign an Extra Territorial Agreement for residential water and sewer service with the property owners of parcel #170751000 at 6479 Road 3 North East. Moses Lake Council Packet 4-12-22, Page 223 of 257 2/1/2022 Property: 6479 Road 3 NE Moses Lake WA 98837 City of Moses Lake, We are requesting authorization to connect city water and sewer services to the property mentioned above. If granted we will hire a licensed and bonded company to perform the connections to ensure that it is done to code and to city specifications. Thank you . Kind Regards, Gerardo Morales Ignacio Morales Best contact number (509)528-1342 Moses Lake Council Packet 4-12-22, Page 224 of 257 ETA APPLICATION PROCESSING POLICY EFFECTIVE 03.08.2022 PAGE:1 City of Moses Lake Extra Territorial Agreement Application Processing Policy City Council Resolution XXXX Effective 03.08.2022 Moses Lake Council Packet 4-12-22, Page 225 of 257 ETA APPLICATION PROCESSING POLICY EFFECTIVE 03.08.2022 PAGE:2 Table of Contents PURPOSE AND SCOPE .................................................................................................................................................................... 3 PROCESS FLOW CHART .................................................................................................................................................................. 3 APPLICATION AND EVALUATION ................................................................................................................................................... 4 PROCESSING, COUNCIL ACTION, & FINALIZATION ........................................................................................................................ 5 SUPPORTING DOCUMENTS LIST .................................................................................................................................................... 5 Moses Lake Council Packet 4-12-22, Page 226 of 257 ETA APPLICATION PROCESSING POLICY EFFECTIVE 03.08.2022 PAGE:3 ETA APPLICATION PROCESSING POLICY RESOLUTION XXXX PURPOSE AND SCOPE The purpose of this policy is to provide clarification and guidance regarding the Extra Territorial Agreement (“ETA”) instructions found within Resolution #3717 and the Extra Territorial Agreement form currently in use. The following updated policy closely follows the Resolution and Agreement forms. The policy further clarifies how ETA applications are to be made, guidance in how they will be processed, and guidance for presentation to City Council for approval consideration. STEP1 APPLICATION (LETTER & SITE PLAN) STEP 2A EVALUATION CONTIGUOUS (ANNEXATION) STEP 2B EVALUATION NON-CONTIGUOUS (ETA) STEP 3 STAFF PROCESSING (PREPARE STAFF REPORT) STEP 4 COUNCIL (DETERMINATION) STEP 5A COUNCIL DENIAL (PROCESS ENDS) STEP 5B ETA FINALIZATION (WITH CONDITIONS) Moses Lake Council Packet 4-12-22, Page 227 of 257 ETA APPLICATION PROCESSING POLICY EFFECTIVE 03.08.2022 PAGE:4 STEP 1: APPLICATION The applicant formally makes a request for City Water and/or Sewer for specified parcels outside of the corporate limits by a letter from the property owner(s) to the Municipal Services Director. The letter shall include a narrative and conceptual site plan that describes the numbers of residential units to be served, commercial uses to be served, or industrial process volumes and fire flows to be served. STEP 2: EVALUATION: Staff reviews the formal request and processes per the following criteria: ETA CLASSIFICATION DESCRIPTION CLASS 0 IN CITY LIMITS ANNEXATION The parcel(s) are contiguous (touching/abutting) to existing corporate limits of the City. These requests for Water and Sewer will require annexation as part of service. No ETA to be issued. The only exception is if the application is accompanied by a Grant County Health District public health emergency hookup request. CLASS 1 PUBLIC HEALTH STAFF SUPPORTED The parcel(s) are not contiguous to existing corporate limits of the City. However, the application is accompanied by a State or Local agency public health emergency hookup request. CLASS 2 SHORT EXTENSION STAFF SUPPORTED The parcel(s) are not contiguous to existing corporate limits of the City. However, the parcel(s) have a short, developer provided, Water extension, Sewer extension, and/or Reservoir Placement, with extensions of 0-660FT (1/8 mile), with no pressure or fire flow capacity issues. Residential Lot Example: New house in UGA has City water main on their frontage street, they are requesting water service. Existing house with failing septic system, has sewer main on their frontage street, they are requesting sewer service. CLASS 3 PREVIOUS ETA STAFF SUPPORTED The parcel(s) are not contiguous to existing corporate limits of the City. However, the parcel(s) have had previous ETA Council Approvals or Commitments that have since expired and the proposed development has had no substantial changes. CLASS 4 COST/SERVICE BENEFIT STAFF SUPPORTED The parcel(s) are not contiguous to existing corporate limits of the City. However, the parcel(s) have a long, developer provided, Water extension, Sewer extension, and/or Reservoir Placement that provides a benefit that is shown to exceed the long-term costs of the service. An private engineer’s estimate for long-term City cost-benefit analysis shall be provided with the developer’s application. CLASS 5 NOT STAFF SUPPORTED The parcel(s) are not contiguous to existing corporate limits of the City. However, the long-term costs to provide the service to the parcel(s) is shown to exceed the long-term benefits. The Applicant is encouraged to provide a narrative to the Council for consideration in lieu of Staff support. Council may choose to provide the service, even if it costs the City more to provide it. Moses Lake Council Packet 4-12-22, Page 228 of 257 ETA APPLICATION PROCESSING POLICY EFFECTIVE 03.08.2022 PAGE:5 STEP 3: STAFF PROCESSING The applicant will complete the ETA application by providing materials as defined in Resolution #3717, Extra Territorial Agreement Form, and this ETA Policy. Staff will review the application and prepare a Staff Report which includes a narrative analysis, proposed conditions of approval, and type of recommendation to the Council. The ETA application will be presented to Council, regardless of being supported by Staff, for City Council action consideration. STEP 4: COUNCIL ACTION Council reviews the Staff Report and associated application materials for approval consideration of the Extra Territorial Agreement presented. STEP 5A: ETA NOT PROCESSED Staff will take no action. STEP 5B: ETA FINALIZATION With Council approval, Staff will prepare the ETA forms, along with any conditions of approval, for signature the City Manager and property owner(s). The ETA will then be recorded and will run with the land for which it provides for. ETA INACTION AND RETURNS The ETA must be acted upon within 2-years of issuance or it expires per Resolution #3717. The expired ETA shall be withdrawn and returned to the land owner. SUPPORTING DOCUMENTS • Resolution 3717 • Extra Territorial Agreement Form Moses Lake Council Packet 4-12-22, Page 229 of 257 RECORD AND RETURN TO Development Engineering City of Moses Lake P. O. Box 1579 Moses Lake, WA 98837 EXTRA TERRITORIAL UTILITY EXTENSION AGREEMENT Grantor: Gerardo Morales, Ignacio Morales Grantee: The City of Moses Lake, WA Legal Desc. POR N1/2 19 19 28 A TRACT OF LAND LOCATED IN A PORTION OF THE NORTH HALF OF SECTION 19, TOWNSHIP 19 NORTH, RANGE 28 EAST, W.M., GRANT COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 19, A U.S.B.R. BRASS CAP, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 19, A U.S.B.R. BRASS CAP, BEARS NORTH 89°06'46" WEST, 2585.48 FEET; THENCE SOUTH 89°06'46" EAST, 43.06 FEET TO A ¾ INCH REBAR IN A MONUMENT CASE AT THE CENTERLINE OF WESTSHORE DRIVE; THENCE SOUTH 01°13'12" EAST, ALONG SAID CENTERLINE, 30.02 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF ROAD 3 NE AND THE BEGINNING OF WESTSHORE DRIVE RIGHT-OF-WAY CENTERLINE EASEMENT GRANTED IN JUDGMENT 84-9-00905-7, SUPERIOR COURT OF WASHINGTON FOR GRANT COUNTY, THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°13'12" EAST, ALONG SAID CENTERLINE, 99.98 FEET TO A 2 INCH ALUMINUM CAP BY P.L.S. 21651; THENCE, CONTINUING ALONG SAID CENTERLINE, AROUND A CURVE TO THE LEFT, A DISTANCE OF 56.07 FEET (SAID CURVE HAVING A RADIUS OF 576.58 FEET AND A CHORD BEARING SOUTH 04°00'21" EAST, 56.05 FEET); THENCE SOUTH 83°12'29" WEST, 290.21 FEET; THENCE NORTH 02°22'59" WEST, 194.85 FEET TO SAID SOUTH RIGHT-OF-WAY LINE OF ROAD 3 NE; THENCE SOUTH 89°06'46" EAST, ALONG SAID SOUTH RIGHT- OF-WAY LINE, A DISTANCE OF 290.26 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND RIGHTS-OF-WAY OF RECORD. SAID TRACT CONTAINS 1.16 ACRES OF LAND, MORE OR LESS Assessor’s Tax Parcel No. 170751000 1. Parties: The parties to this Agreement are the City of Moses Lake, Washington (herein City), a Moses Lake Council Packet 4-12-22, Page 230 of 257 municipal corporation of the State of Washington, located entirely within Grant County, Washington, and Sidney Richard Deane (herein Developer). 2. Recitals: 2.1 The City is the owner of a municipal water and sewer system which operates within the Citys limits and adjacent to real property near Moses Lake, Washington. 2,2 Developer desires to receive water and/or sewer utility service from the City for use upon Developer's real property located more than one half mile from the corporate limits of the City and located within the City’s Urban Growth Area (UGA). 2.3 The City, pursuant to Resolution No. 3509, requires that all contiguous and non-contiguous real property which receives water and/or sewer utility services from the City be subject to an agreement which affects the use of the real property served by the City utilities, restricts expansion of City utility services beyond those contracted for, and creates a covenant running with the land. 2.4 Developer is fully aware of the restrictions imposed upon Developer and Developer's successor(s), heir(s), and assign(s) by City Resolutions No. 3509 and enters into this Agreement freely and voluntarily. 3. Agreement: It is agreed by and between the parties as follows: 3.1 The City will provide the water and sewer utility services listed below to Developer at the premises stated, pursuant to the terms of this Agreement. 3.2 The real property to be serviced is located within the City’s UGA and is described per Grant County Assessor records as: PARCEL #170751000 POR N1/2 19 19 28 A TRACT OF LAND LOCATED IN A PORTION OF THE NORTH HALF OF SECTION 19, TOWNSHIP 19 NORTH, RANGE 28 EAST, W.M., GRANT COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 19, A U.S.B.R. BRASS CAP, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 19, A U.S.B.R. BRASS CAP, BEARS NORTH 89°06'46" WEST, 2585.48 FEET; THENCE SOUTH 89°06'46" EAST, 43.06 FEET TO A ¾ INCH REBAR IN A MONUMENT CASE AT THE CENTERLINE OF WESTSHORE DRIVE; THENCE SOUTH 01°13'12" EAST, ALONG SAID CENTERLINE, 30.02 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF ROAD 3 NE AND THE BEGINNING OF WESTSHORE DRIVE RIGHT-OF-WAY CENTERLINE EASEMENT GRANTED IN JUDGMENT 84-9-00905-7, SUPERIOR COURT OF WASHINGTON FOR GRANT COUNTY, THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°13'12" EAST, ALONG SAID CENTERLINE, 99.98 FEET TO A 2 INCH ALUMINUM CAP BY P.L.S. 21651; THENCE, CONTINUING ALONG SAID CENTERLINE, AROUND A CURVE TO THE LEFT, A DISTANCE OF 56.07 FEET (SAID CURVE HAVING A RADIUS OF 576.58 FEET AND A CHORD BEARING SOUTH 04°00'21" EAST, 56.05 FEET); THENCE SOUTH 83°12'29" WEST, 290.21 FEET; THENCE NORTH 02°22'59" WEST, 194.85 FEET TO SAID SOUTH RIGHT-OF-WAY LINE OF ROAD 3 NE; THENCE SOUTH 89°06'46" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 290.26 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND RIGHTS-OF-WAY OF RECORD. SAID TRACT CONTAINS 1.16 ACRES OF LAND, MORE OR LESS 3.3 This Agreement shall be filed for record in the Office of the Grant County Auditor and shall be Moses Lake Council Packet 4-12-22, Page 231 of 257 in the nature of a covenant running with the premises. It is the intent of Developer to have this Agreement, so long as it is in force, to be considered, interpreted, and regarded as a covenant running with the land as to the premises. 3.4 All connections to the City water system or to the City sewer system shall comply with the ordinances and rules of the City with respect to the appropriate utility. Any connection to the City’s water and/or sewer system is subject to payment for the utility service of a rate established by the City which shall be subject to adjustment from time to time by the Moses Lake City Council. The availability of the utility authorized by this Agreement is subject to the capacity of the City's water system. 3.5 The water delivered pursuant to this Agreement shall be the same as other water delivered within the City’s system. The City makes no warranty as to such water quantity or quality other than it shall be delivered in accordance with the regulations applicable to city water systems. 3.6 The water service provided by the City is for one service connection to serve a single family residence. 3.7 The sewer utility service provided by the City is for one service connection to serve a single family residence. 3.8 Developer agrees and covenants that all sewer and/or water utility system components to be built and attached to the City's utility system shall be built to City standards. The standards applied by the City may include requiring construction in excess of that minimally required to connect the premises to City utilities where such additional construction is consistent with a City plan of service within the area of the premises. 3.9 Developer agrees and covenants that the premises will not be used in any manner or for any purpose inconsistent with or contrary to the land use controls in place as those controls now exist or as they may be from time to time altered, amended, or re-adopted. The Developer acknowledges the premises are subject to development pursuant to regulations administered by Grant County. The Developer agrees the City may impose development conditions greater than those imposed by Grant County, but in no event greater than those imposed for similar development within the City’s limits, as a condition of receiving utility services under this Agreement. The premises currently are used in a manner consistent with the existing land use controls. 3.10 This Agreement is entered into by the City based on the utility uses identified above and the land uses identified by the Developer for the premises. Developer or the successor holder of the fee title to the premises shall be bound by this Agreement and be responsible to perform under this Agreement. No subsequent leasehold, joint venture, or other tenancy or use agreement shall relieve the Developer or the Developer’s successor in interest from performing under this Agreement. To continue this Agreement in effect and to continue a delivery of the identified utilities, any successor in interest shall execute an acknowledgment of this Agreement, Covenant, and Power of Attorney in a form approved by the City. 3.11 Developer shall execute contemporaneously with this Agreement the subjoined Power of Attorney and subjoined Covenant respecting the annexation of the premises by the City. This Power of Attorney is executed, as is this Agreement, by Developer with a full understanding that Developer may be waiving and transferring to the City a valuable right as a land owner as respects annexation by the City. Developer waives any objection to annexation by the City. Developer acknowledges Developer has relied solely upon Developer's own legal counsel and fully understands the legal rights Developer is or may be surrendering to the City by the execution of this Agreement and the subjoined Covenant and Power of Attorney. Moses Lake Council Packet 4-12-22, Page 232 of 257 3.12 Developer understands the delivery of utility services to these premises so long as they remain outside the corporate limits of the city, is a discretionary act of the City and the execution of this Agreement and performance hereunder are not intended and shall not be considered as an indication by the City of the intention to become a general provider of utility service beyond the terms of this contract, to these premises or any other lands located outside the corporate limits of Moses Lake. 3.13 Developer acknowledges that so long as the premises remain outside the corporate limits of the City, any or all utility service provided under this Agreement by the City are, or may become subject to, surcharges and/or increased charges in addition to the charges to similar customers located within the corporate limits. 3.14 Developer agrees that payment of service charges, surcharge assessments, and/or additional charges required by City ordinances to be paid for the utility services mentioned above will in no way relieve the premises from Developer's share of any future Local Improvement District or Utility Local Improvement District payments which may be assessed to pay all or a portion of the expenses of installing main or mains, together with necessary valves, fire hydrants, pipe fittings and all other appurtenances which may be installed to serve a district which includes the premises. 3.15 Developer agrees that in the event of a sale, gift, transfer, segregation, assignment, or device of Developer's fee interest in the premises it will disclose the existence of this Agreement. 3.16 In the event of a breach of this Agreement by the Developer or any successor in interest, this Agreement, and all deliveries of utilities hereunder, shall be subject to termination thirty (30) days after notice to the Developer of the breach if the breach has not been cured. 3.17 In the event the premises is delivered City utilities pursuant to this Agreement and the premises become located outside the City’s UGA, this Agreement shall be deemed to have been terminated as provided for in the provisions dealing with the term of this Agreement. The period of termination shall begin upon the date the premises become located outside the City=s UGA unless the parties agree otherwise in writing. 3.18 The permission to obtain City utilities contained in this Agreement shall lapse and become null and void if the premises are not connected to the City’s utility system within two (2) years of the execution of this Agreement. Except there shall be no limitation for residential properties up to nine (9) lots from the date the commitment is given. 4. Term: This Agreement shall be in effect so long as Developer abides, observes, and performs this Agreement and the premises remains outside the corporate limits of the City of Moses Lake. This Agreement may be terminated by either party giving at least eighteen (18) months written notice of termination to the other, unless a shorter notice is agreed to in writing. Upon annexation of these entire premises into the City of Moses Lake, this Agreement and the subjoined Covenant and Power of Attorney shall terminate and be of no further force or effect. Dated: ____________________________________ Dated: _______________________________ By _______________________________________ By Gerardo Morales Ignacio Morales Moses Lake Council Packet 4-12-22, Page 233 of 257 State of Washington County of Grant I certify that I know or have satisfactory evidence that Gerardo Morales signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ State of Washington County of Grant I certify that I know or have satisfactory evidence that Ignacio Morales signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ Dated: _______________________________ By __________________________________ Allison Williams – City Manager Date Approved by Council:________________________ State of Washington County of Grant I certify that I know or have satisfactory evidence that Allison Williams signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the City Manager of the City of Moses Lake to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ Moses Lake Council Packet 4-12-22, Page 234 of 257 COVENANT RUNNING WITH THE LAND 1. Basis: The foregoing Extra Territorial Utility Extension Agreement shall be deemed to be a covenant running with the land affecting the entire premises described above. Such Covenant shall be recorded with the Grant County Auditor and become a covenant of record. Such Covenant shall remain in full force and effect for the life of the Extra Territorial Utility Extension Agreement. Any attempt to cancel, restrict, or modify this Covenant independent of the Extra Territorial Utility Extension Agreement shall terminate said Agreement immediately unless such cancellation, modification, or restriction is agreed to by the Moses Lake City Council. This Covenant shall expire and be of no further force or effect upon the annexation of the entire premises described in the foregoing Extra Territorial Utility Extension Agreement into the City of Moses Lake. 2. Creation: Developer, as the owner in fee simple of the above described premises, hereby creates a covenant running with the land to affect and include the entire described premises. That Covenant shall include all the terms, conditions, limitations, and obligations of the Extra Territorial Utility Extension Agreement above. Dated: ____________________________________ Dated: _______________________________ By _______________________________________ By Gerardo Morales Ignacio Morales State of Washington County of Grant I certify that I know or have satisfactory evidence that Gerardo Morales , signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ State of Washington County of Grant I certify that I know or have satisfactory evidence that Ignacio Morales, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ Moses Lake Council Packet 4-12-22, Page 235 of 257 POWER OF ATTORNEY 1. Appointment: Developer hereby makes, constitutes, and appoints the City of Moses Lake, Washington Developer's true and lawful attorney for Developer and in Developer's name, place, and stead for the purposes stated herein. 2. Independent Advice: Developer has executed this Power of Attorney for the purposes stated after having a full understanding of the implications of the execution of this instrument. This Power of Attorney is also executed after being fully advised by Developer's own counsel as to the power being conveyed to the City of Moses Lake and with a full appreciation and waiver of any rights being abrogated. 3. Purpose: Developer appoints the City of Moses Lake as Developer's attorney for the purpose of executing any and all documents, petitions, requests, letters, or the like necessary or desirable in the process of the annexation of the premises described in the foregoing Extra Territorial Utility Extension Agreement into the corporate limits of the City of Moses Lake. 4. Termination: This Power of Attorney may be revoked by Developer only upon the termination of the forgoing Extra Territorial Utility Extension Agreement, or upon the consent of the City of Moses Lake's City Council. The continued validity, viability, and existence of this Power of Attorney is a prerequisite of continued utility service delivery to the premises under the terms of the Extra Territorial Utility Extension Agreement by the City of Moses Lake. Termination of this Power of Attorney by Developer shall immediately and automatically terminate the Extra Territorial Utility Extension Agreement between Developer and the City of Moses Lake. This Power of Attorney is deemed revoked automatically upon the annexation of the entire premises described in the foregoing Extra Territorial Utility Extension Agreement into the corporate limits of the City of Moses Lake. By _______________________________________ By Gerardo Morales Date Ignacio Morales Date State of Washington County of Grant I certify that I know or have satisfactory evidence that Gerardo Morales , signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ State of Washington County of Grant I certify that I know or have satisfactory evidence that Ignacio Morales, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ Moses Lake Council Packet 4-12-22, Page 236 of 257 Page 1 of 3 STAFF REPORT To: Allison Williams, City Manager From: David Bren, PE, Municipal Services Director Date: April 12, 2022 Proceeding Type: New Business Subject: Extra Territorial Agreement (ETA) Earl Residence Request for Water Service 851 Easy Street (Parcel #120956055) Legislative History: Financial Impact: • First Presentation: April 12, 2022 Budgeted Amount: N/A • Second Presentation: N/A Unbudgeted Amount: N/A • Action: Motion to Authorize Total Cost: N/A Overview Isaac and Linh Earl request approval to connect to the City’s water system to serve a single-family residence. The property is located outside of the current City limits and is inside the UGA as defined in the most current Grant County Comprehensive Plan. The owner will be required to sign an Extra Territorial Agreement (ETA) to connect to City water. The ETA must be in place before a permit is issued for connecting to city service. The City currently has multiple ETA agreements in the immediate area. This property is within 500’ of the lake shoreline, however no City sewer is available. Under WAC 246-272A-0025, when public sewer is within 200’ of the property, they will have to make connection. Earl Residence 851 Easy Street Moses Lake Council Packet 4-12-22, Page 237 of 257 Page 2 of 3 Fiscal and Policy Implications The City will receive water service fees for the residence long term. The City needs to receive transfer of a residential water right or the property owner needs to pay an Equivalent Residential Unit (ERU) fee for the Assignment of Limited City Water Rights to the parcel. The fee for (1) ERU is currently $1,200. The fee rate for the Assignment of Limited City Water Rights is much too low and needs to be revised along with the ETA Policy update. ETA Evaluation using Draft ETA Policy This ETA request is for a single-family residence, which is allowed under the (60) day ETA hold put in place on 3.22.2022, is being evaluated under the Proposed Draft ETA Policy currently under review by Council. The evaluation of this request is conducted as follows: CLASS 0 ETA: Annexation not available. The property is in the UGA and not bordering the City Limits. CLASS 1 ETA: No Health Department Letter. City sewer is not available. CLASS 2 ETA: A City Water Main is in road bordering this parcel, Easy Street. The is a very short extension. The CLASS 2 ETA is Staff Supported. Earl Parcel 815 Easy Street Moses Lake Council Packet 4-12-22, Page 238 of 257 Page 3 of 3 Council Packet Attachments A. Earl Service Request Email B. Draft Extra Territorial Agreement Policy C. Extra Territorial Agreement Finance Committee Review N/A Legal Review: Type of Document Title of Document Date Reviewed • Agreement • Extra Territorial Agreement Options Option Results • Motion to approve The City Manager is authorized to sign an Extra Territorial Agreement with the property owners. • Provide staff with changes Action would require staff to bring a revised document to Council for consideration. • Take no action. The proponent would not connect to City utilities and pursue other options to provide water and sewer service to the property. Action Requested Staff recommends a City Council motion to authorize the City Manager to sign an Extra Territorial Agreement for residential water service with the property owners of parcel #120956055 at 815 Easy Street. Moses Lake Council Packet 4-12-22, Page 239 of 257 From: Isaac Earl <isaackearl@gmail.com> Sent: Monday, February 14, 2022 1:11 PM To: Rob Harris Cc: Dr. Cox Subject: Hook up water moses lake Caution! This message was sent from outside your organization. Allow sender | Block sender Hello, My wife and I are requesting to hook up to Moses Lake water system at 851 Easy St NE Moses Lake, WA 98837 Please let me know anything I need to do to make this happen. Thanks! Isaac Earl and Linh Earl 8017175941 Moses Lake Council Packet 4-12-22, Page 240 of 257 ETA APPLICATION PROCESSING POLICY EFFECTIVE 03.08.2022 PAGE:1 City of Moses Lake Extra Territorial Agreement Application Processing Policy City Council Resolution XXXX Effective 03.08.2022 Moses Lake Council Packet 4-12-22, Page 241 of 257 ETA APPLICATION PROCESSING POLICY EFFECTIVE 03.08.2022 PAGE:2 Table of Contents PURPOSE AND SCOPE .................................................................................................................................................................... 3 PROCESS FLOW CHART .................................................................................................................................................................. 3 APPLICATION AND EVALUATION ................................................................................................................................................... 4 PROCESSING, COUNCIL ACTION, & FINALIZATION ........................................................................................................................ 5 SUPPORTING DOCUMENTS LIST .................................................................................................................................................... 5 Moses Lake Council Packet 4-12-22, Page 242 of 257 ETA APPLICATION PROCESSING POLICY EFFECTIVE 03.08.2022 PAGE:3 ETA APPLICATION PROCESSING POLICY RESOLUTION XXXX PURPOSE AND SCOPE The purpose of this policy is to provide clarification and guidance regarding the Extra Territorial Agreement (“ETA”) instructions found within Resolution #3717 and the Extra Territorial Agreement form currently in use. The following updated policy closely follows the Resolution and Agreement forms. The policy further clarifies how ETA applications are to be made, guidance in how they will be processed, and guidance for presentation to City Council for approval consideration. STEP1 APPLICATION (LETTER & SITE PLAN) STEP 2A EVALUATION CONTIGUOUS (ANNEXATION) STEP 2B EVALUATION NON-CONTIGUOUS (ETA) STEP 3 STAFF PROCESSING (PREPARE STAFF REPORT) STEP 4 COUNCIL (DETERMINATION) STEP 5A COUNCIL DENIAL (PROCESS ENDS) STEP 5B ETA FINALIZATION (WITH CONDITIONS) Moses Lake Council Packet 4-12-22, Page 243 of 257 ETA APPLICATION PROCESSING POLICY EFFECTIVE 03.08.2022 PAGE:4 STEP 1: APPLICATION The applicant formally makes a request for City Water and/or Sewer for specified parcels outside of the corporate limits by a letter from the property owner(s) to the Municipal Services Director. The letter shall include a narrative and conceptual site plan that describes the numbers of residential units to be served, commercial uses to be served, or industrial process volumes and fire flows to be served. STEP 2: EVALUATION: Staff reviews the formal request and processes per the following criteria: ETA CLASSIFICATION DESCRIPTION CLASS 0 IN CITY LIMITS ANNEXATION The parcel(s) are contiguous (touching/abutting) to existing corporate limits of the City. These requests for Water and Sewer will require annexation as part of service. No ETA to be issued. The only exception is if the application is accompanied by a Grant County Health District public health emergency hookup request. CLASS 1 PUBLIC HEALTH STAFF SUPPORTED The parcel(s) are not contiguous to existing corporate limits of the City. However, the application is accompanied by a State or Local agency public health emergency hookup request. CLASS 2 SHORT EXTENSION STAFF SUPPORTED The parcel(s) are not contiguous to existing corporate limits of the City. However, the parcel(s) have a short, developer provided, Water extension, Sewer extension, and/or Reservoir Placement, with extensions of 0-660FT (1/8 mile), with no pressure or fire flow capacity issues. Residential Lot Example: New house in UGA has City water main on their frontage street, they are requesting water service. Existing house with failing septic system, has sewer main on their frontage street, they are requesting sewer service. CLASS 3 PREVIOUS ETA STAFF SUPPORTED The parcel(s) are not contiguous to existing corporate limits of the City. However, the parcel(s) have had previous ETA Council Approvals or Commitments that have since expired and the proposed development has had no substantial changes. CLASS 4 COST/SERVICE BENEFIT STAFF SUPPORTED The parcel(s) are not contiguous to existing corporate limits of the City. However, the parcel(s) have a long, developer provided, Water extension, Sewer extension, and/or Reservoir Placement that provides a benefit that is shown to exceed the long-term costs of the service. An private engineer’s estimate for long-term City cost-benefit analysis shall be provided with the developer’s application. CLASS 5 NOT STAFF SUPPORTED The parcel(s) are not contiguous to existing corporate limits of the City. However, the long-term costs to provide the service to the parcel(s) is shown to exceed the long-term benefits. The Applicant is encouraged to provide a narrative to the Council for consideration in lieu of Staff support. Council may choose to provide the service, even if it costs the City more to provide it. Moses Lake Council Packet 4-12-22, Page 244 of 257 ETA APPLICATION PROCESSING POLICY EFFECTIVE 03.08.2022 PAGE:5 STEP 3: STAFF PROCESSING The applicant will complete the ETA application by providing materials as defined in Resolution #3717, Extra Territorial Agreement Form, and this ETA Policy. Staff will review the application and prepare a Staff Report which includes a narrative analysis, proposed conditions of approval, and type of recommendation to the Council. The ETA application will be presented to Council, regardless of being supported by Staff, for City Council action consideration. STEP 4: COUNCIL ACTION Council reviews the Staff Report and associated application materials for approval consideration of the Extra Territorial Agreement presented. STEP 5A: ETA NOT PROCESSED Staff will take no action. STEP 5B: ETA FINALIZATION With Council approval, Staff will prepare the ETA forms, along with any conditions of approval, for signature the City Manager and property owner(s). The ETA will then be recorded and will run with the land for which it provides for. ETA INACTION AND RETURNS The ETA must be acted upon within 2-years of issuance or it expires per Resolution #3717. The expired ETA shall be withdrawn and returned to the land owner. SUPPORTING DOCUMENTS • Resolution 3717 • Extra Territorial Agreement Form Moses Lake Council Packet 4-12-22, Page 245 of 257 RECORD AND RETURN TO Development Engineering City of Moses Lake P. O. Box 1579 Moses Lake, WA 98837 EXTRA TERRITORIAL UTILITY EXTENSION AGREEMENT Grantor: Isaac & Linh Earl Grantee: The City of Moses Lake, WA Legal Desc. Lot 45 South Hills Assessor’s Tax Parcel No. 120956055 1. Parties: The parties to this Agreement are the City of Moses Lake, Washington (herein City), a municipal corporation of the State of Washington, located entirely within Grant County, Washington, and Sidney Richard Deane (herein Developer). 2. Recitals: 2.1 The City is the owner of a municipal water and sewer system which operates within the Citys limits and adjacent to real property near Moses Lake, Washington. 2,2 Developer desires to receive water and/or sewer utility service from the City for use upon Developer's real property located more than one half mile from the corporate limits of the City and located within the City’s Urban Growth Area (UGA). 2.3 The City, pursuant to Resolution No. 3509, requires that all contiguous and non-contiguous real property which receives water and/or sewer utility services from the City be subject to an agreement which affects the use of the real property served by the City utilities, restricts expansion of City utility services beyond those contracted for, and creates a covenant running with the land. 2.4 Developer is fully aware of the restrictions imposed upon Developer and Developer's successor(s), heir(s), and assign(s) by City Resolutions No. 3509 and enters into this Agreement freely and voluntarily. 3. Agreement: It is agreed by and between the parties as follows: 3.1 The City will provide the water and sewer utility services listed below to Developer at the premises stated, pursuant to the terms of this Agreement. 3.2 The real property to be serviced is located within the City’s UGA and is described per Grant County Assessor records as: Moses Lake Council Packet 4-12-22, Page 246 of 257 PARCEL #120956055 Lot 45 South Hills 3.3 This Agreement shall be filed for record in the Office of the Grant County Auditor and shall be in the nature of a covenant running with the premises. It is the intent of Developer to have this Agreement, so long as it is in force, to be considered, interpreted, and regarded as a covenant running with the land as to the premises. 3.4 All connections to the City water system or to the City sewer system shall comply with the ordinances and rules of the City with respect to the appropriate utility. Any connection to the Citys water and/or sewer system is subject to payment for the utility service of a rate established by the City which shall be subject to adjustment from time to time by the Moses Lake City Council. The availability of the utility authorized by this Agreement is subject to the capacity of the City's water system. 3.5 The water delivered pursuant to this Agreement shall be the same as other water delivered within the City’s system. The City makes no warranty as to such water quantity or quality other than it shall be delivered in accordance with the regulations applicable to city water systems. 3.6 The water service provided by the City is for one service connection to serve a single family residence. 3.7 The sewer utility service provided by the City is for one service connection to serve a single family residence. 3.8 Developer agrees and covenants that all sewer and/or water utility system components to be built and attached to the City's utility system shall be built to City standards. The standards applied by the City may include requiring construction in excess of that minimally required to connect the premises to City utilities where such additional construction is consistent with a City plan of service within the area of the premises. 3.9 Developer agrees and covenants that the premises will not be used in any manner or for any purpose inconsistent with or contrary to the land use controls in place as those controls now exist or as they may be from time to time altered, amended, or re-adopted. The Developer acknowledges the premises are subject to development pursuant to regulations administered by Grant County. The Developer agrees the City may impose development conditions greater than those imposed by Grant County, but in no event greater than those imposed for similar development within the City’s limits, as a condition of receiving utility services under this Agreement. The premises currently are used in a manner consistent with the existing land use controls. 3.10 This Agreement is entered into by the City based on the utility uses identified above and the land uses identified by the Developer for the premises. Developer or the successor holder of the fee title to the premises shall be bound by this Agreement and be responsible to perform under this Agreement. No subsequent leasehold, joint venture, or other tenancy or use agreement shall relieve the Developer or the Developer’s successor in interest from performing under this Agreement. To continue this Agreement in effect and to continue a delivery of the identified utilities, any successor in interest shall execute an acknowledgment of this Agreement, Covenant, and Power of Attorney in a form approved by the City. 3.11 Developer shall execute contemporaneously with this Agreement the subjoined Power of Attorney and subjoined Covenant respecting the annexation of the premises by the City. This Power of Attorney is executed, as is this Agreement, by Developer with a full understanding Moses Lake Council Packet 4-12-22, Page 247 of 257 that Developer may be waiving and transferring to the City a valuable right as a land owner as respects annexation by the City. Developer waives any objection to annexation by the City. Developer acknowledges Developer has relied solely upon Developer's own legal counsel and fully understands the legal rights Developer is or may be surrendering to the City by the execution of this Agreement and the subjoined Covenant and Power of Attorney. 3.12 Developer understands the delivery of utility services to these premises so long as they remain outside the corporate limits of the city, is a discretionary act of the City and the execution of this Agreement and performance hereunder are not intended and shall not be considered as an indication by the City of the intention to become a general provider of utility service beyond the terms of this contract, to these premises or any other lands located outside the corporate limits of Moses Lake. 3.13 Developer acknowledges that so long as the premises remain outside the corporate limits of the City, any or all utility service provided under this Agreement by the City are, or may become subject to, surcharges and/or increased charges in addition to the charges to similar customers located within the corporate limits. 3.14 Developer agrees that payment of service charges, surcharge assessments, and/or additional charges required by City ordinances to be paid for the utility services mentioned above will in no way relieve the premises from Developer's share of any future Local Improvement District or Utility Local Improvement District payments which may be assessed to pay all or a portion of the expenses of installing main or mains, together with necessary valves, fire hydrants, pipe fittings and all other appurtenances which may be installed to serve a district which includes the premises. 3.15 Developer agrees that in the event of a sale, gift, transfer, segregation, assignment, or device of Developer's fee interest in the premises it will disclose the existence of this Agreement. 3.16 In the event of a breach of this Agreement by the Developer or any successor in interest, this Agreement, and all deliveries of utilities hereunder, shall be subject to termination thirty (30) days after notice to the Developer of the breach if the breach has not been cured. 3.17 In the event the premises is delivered City utilities pursuant to this Agreement and the premises become located outside the City’s UGA, this Agreement shall be deemed to have been terminated as provided for in the provisions dealing with the term of this Agreement. The period of termination shall begin upon the date the premises become located outside the City=s UGA unless the parties agree otherwise in writing. 3.18 The permission to obtain City utilities contained in this Agreement shall lapse and become null and void if the premises are not connected to the City’s utility system within two (2) years of the execution of this Agreement. Except there shall be no limitation for residential properties up to nine (9) lots from the date the commitment is given. 4. Term: This Agreement shall be in effect so long as Developer abides, observes, and performs this Agreement and the premises remains outside the corporate limits of the City of Moses Lake. This Agreement may be terminated by either party giving at least eighteen (18) months written notice of termination to the other, unless a shorter notice is agreed to in writing. Upon annexation of these entire premises into the City of Moses Lake, this Agreement and the subjoined Covenant and Power of Attorney shall terminate and be of no further force or effect. Moses Lake Council Packet 4-12-22, Page 248 of 257 Dated: ____________________________________ Dated: _______________________________ By _______________________________________ By Isaac Earl Linh Earl State of County of I certify that I know or have satisfactory evidence that Isaac Earl signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ State of County of I certify that I know or have satisfactory evidence that Linh Earl signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ By __________________________________ Dated: _______________________________ Allison Williams – City Manager Date Approved by Council: ___________________ State of Washington County of Grant I certify that I know or have satisfactory evidence that Allison Williams signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the City Manager of the City of Moses Lake to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ Moses Lake Council Packet 4-12-22, Page 249 of 257 COVENANT RUNNING WITH THE LAND 1. Basis: The foregoing Extra Territorial Utility Extension Agreement shall be deemed to be a covenant running with the land affecting the entire premises described above. Such Covenant shall be recorded with the Grant County Auditor and become a covenant of record. Such Covenant shall remain in full force and effect for the life of the Extra Territorial Utility Extension Agreement. Any attempt to cancel, restrict, or modify this Covenant independent of the Extra Territorial Utility Extension Agreement shall terminate said Agreement immediately unless such cancellation, modification, or restriction is agreed to by the Moses Lake City Council. This Covenant shall expire and be of no further force or effect upon the annexation of the entire premises described in the foregoing Extra Territorial Utility Extension Agreement into the City of Moses Lake. 2. Creation: Developer, as the owner in fee simple of the above described premises, hereby creates a covenant running with the land to affect and include the entire described premises. That Covenant shall include all the terms, conditions, limitations, and obligations of the Extra Territorial Utility Extension Agreement above. Dated: ____________________________________ Dated: _______________________________ By _______________________________________ By Isaac Earl Linh Earl State of County of I certify that I know or have satisfactory evidence that Isaac Earl, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ State of County of I certify that I know or have satisfactory evidence that Linh Earl, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ Moses Lake Council Packet 4-12-22, Page 250 of 257 POWER OF ATTORNEY 1. Appointment: Developer hereby makes, constitutes, and appoints the City of Moses Lake, Washington Developer's true and lawful attorney for Developer and in Developer's name, place, and stead for the purposes stated herein. 2. Independent Advice: Developer has executed this Power of Attorney for the purposes stated after having a full understanding of the implications of the execution of this instrument. This Power of Attorney is also executed after being fully advised by Developer's own counsel as to the power being conveyed to the City of Moses Lake and with a full appreciation and waiver of any rights being abrogated. 3. Purpose: Developer appoints the City of Moses Lake as Developer's attorney for the purpose of executing any and all documents, petitions, requests, letters, or the like necessary or desirable in the process of the annexation of the premises described in the foregoing Extra Territorial Utility Extension Agreement into the corporate limits of the City of Moses Lake. 4. Termination: This Power of Attorney may be revoked by Developer only upon the termination of the forgoing Extra Territorial Utility Extension Agreement, or upon the consent of the City of Moses Lake's City Council. The continued validity, viability, and existence of this Power of Attorney is a prerequisite of continued utility service delivery to the premises under the terms of the Extra Territorial Utility Extension Agreement by the City of Moses Lake. Termination of this Power of Attorney by Developer shall immediately and automatically terminate the Extra Territorial Utility Extension Agreement between Developer and the City of Moses Lake. This Power of Attorney is deemed revoked automatically upon the annexation of the entire premises described in the foregoing Extra Territorial Utility Extension Agreement into the corporate limits of the City of Moses Lake. By _______________________________________ By Isaac Earl Date Linh Earl Date State of County of I certify that I know or have satisfactory evidence that Isaac Earl, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ State of County of I certify that I know or have satisfactory evidence that Linh Earl, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ Moses Lake Council Packet 4-12-22, Page 251 of 257 __________________________________________________________________________________________________ ______________________________________________________________________________________________ Moses Lake City Council AGENDA PACKET PLACEHOLDER Advisory Council on Housing Board Appointments Moses Lake Council Packet 4-12-22, Page 252 of 257 Page 2 placeholder Moses Lake Council Packet 4-12-22, Page 253 of 257 Moses Lake Council Packet 4-12-22, Page 254 of 257 Community Development Project List Council Admin Report April 12, 2022 PERMIT NUMBER TYPE LOCATION PROJECT DESCRIPTION STATUS BLA PENINNSULA BOUNDARY LINE ADJUSTMENT for connectivity Incomplete Application PLN2021-0095 BLA DIVISION LOT CONSOLIDATION Approved w/Conditions PLN2021-0082 Short Subdivision WILLOW 2- LOT SHORT PLAT Approved w/conditions PLN2021-0040 Short Subdivision MARINA 9 LOT SHORT PLAT, SEPA Review Approved w/Mitigations LUA2020-0070 Short Subdivision RANDOLPH TWO LOT SHORT PLAT Final Submitted PLN2022- 0019 PLN2021-0013 Short Subdivision RAMM SHORT PLAT TO CREATE BINDING SITE PLAN Approved w/conditions PLN2021-0058 Short Subdivision GRAPE 2 LOT SHORT PLAT Approved w/conditions PLN2021-0031 Short Subdivision WHEELER SHORT PLAT TO CREATE BINDING SITE PLAN Approved w/Conditions LUA2020-0086 Short Subdivision KITTLESON SHORT PLAT to build storage units Covenant Required LUA2020-0040 Short Subdivision BEACON 1 LOT SHORT PLAT Need to resubmit PLN2021-0050 Short Subdivision SHARON 2-LOT SHORT PLAT to separate house from church WAITING FOR MYLARS* PLN2021-0032 Binding Site Plan WHEELER 58 TRACT BINDING SITE PLAN Approved w/Conditions PLN2021-0089 Binding Site Plan Amendment MART SEGREGATING TWO LOTS FROM ONE LARGE LOT BSP Mylars Received PLN2021-0083 Zoning/Subdivision Code Update BALSAM 2021 CODE AMENDEMENT In Process PLN2021-0057 Conditional Use Permit NELSON PRESCHOOL REQUIRES CUP Approved PLN2021-0090 Major Final Plat PAXSON 20+ LOT MAJOR PLAT FINAL PHASE In Final Review PLN2021-0027 Major Preliminary Plat GRAPE 27 LOT MAJOR PLAT Public Hearing Continued LUA2020-0063 Major Preliminary Plat WESTSHORE 57 LOT MAJOR PLAT (1 OF 3 PHASES)Approved w/conditions PLN2021-0048 Major Preliminary Plat BEAUMONT 98 Lot Residential PUD Approved PLN2021-0093 Rezone HILL SITE SPECIFIC REZONE Approved PLN2021-0088 Rezone NELSON ZONE CHANGE AND CUP FOR DENTIST OFFICE Approved PLN2021-0071 Shoreline - Substantial Dev Pmt Res CRESTVIEW DOCK AND GANGWAY Approved PLN2021-0079 Shoreline - Substantial Dev Pmt Res LAKESHORE DOCK AND BOAT LIFT Approved PLN2021-0070 UGA Amendment Amend Urban Growth Area Submitted PLN2021-0042 Vacation Rental LAKESIDE Vacation Rental Inspection required PLN2021-0080 Vacation Rental INGLEWOOD Vacation Rental ApprovedMoses Lake Council Packet 4-12-22, Page 255 of 257 Community Development Project List Council Admin Report April 12, 2022 PLN2021-0091 SEPA RANDOLPH SEPA Review for food processing facility Application pending PLN2022-0001 SHORELINE/SEPA/JARPA MULTIPLE SHORELINE STABILIZATION FOR 10 CITY OF ML SHORELINE/PARKS Approved PLN2021-0094 SEPA NORTHSHORE SEPA REVIEW FOR CITY LIFT STATION SEPA review PLN2022-0008 Preliminary Major Subdivision Mae Valley 106- LOT MAJOR SUBDIVISION In review PLN2022-0009 Final Short Subdivision E. Broadway 1-Lot Short Plat Approved w/Conditions PLN2022-0010 Comprehensive Plan Amendment Mae Valley Amend UGA 2022 Docket PLN2022-0013 Shoreline - Substantial Dev Pmt Res Sand Dune Rd Shoreline Stabilization-new retaining wall In review PLN2022-0014 Preliminary Major Subdivision/PDD Lakeshore Dr 17-Lot Residential Planned Development District Application received PLN2022-0015 Final Subdivision/PDD Grape Dr.44-lot Maple Grove PDD Phase 1 Preparing staff report PLN2022-0016 Preliminary Major Subdivision/PDD Grape Dr. 98-Single Family, ten 12-plex apartments In Review PLN2022-0017 Binding Site Plan Amendment Third Ave Revise Parcels Approved w/Conditions PLN2022-0018 Boundary Line Adjustment Westshore Dr Lot Consolidation In review PLN2022-0019 Final Short Subdivision Randolph Rd One-lot Short Plat Back to Applicant PLN2022-0020 Preliminary Short Subdivision NE Owens Rd 2 LOT SHORT PLAT In Review PLN2022-0021 Preliminary Major Subdivision Penninsula Dr 42 Lot Major Subdivision Notice of Incomplete PLN2022-0024 Preliminary Short Subdivision Virginia St. 2 LOT SHORT PLAT In Review PLN2022-0023 Preliminary Short Subdivision Luta St 2 Lot Short Plat In Review PLN2022-0026 Comprehensive Plan Amendment Dune Lake Rd Amend UGA 2022 Docket PLN2022-0027 Comprehensive Plan Amendment Dune Lake Rd Amend UGA 2022 Docket *Waiting for Mylars-The application has been approved. The applicant must submit final plat drawings on Mylar to record with the County Auditor. Moses Lake Council Packet 4-12-22, Page 256 of 257 ADMINISTRATIVE REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: April 5, 2022 Proceeding Type: Administrative Report Subject: Permit Center Completion PERMIT CENTER REMODEL COMPLETE: The Permit Center is up and running and just about complete. It will be operated by (2) Permit Coordinators that will route permit projects through their entire life cycle. EXCEPTIONAL WORK BY BUILDING SERVICES: Building services planned ahead, purchased materials ahead, conducted a fast demo, prefabricated the front desk offsite, framed in walls, moved doors, hung drywall, prepped, and painted. All without stopping permitting services! BUILDING SERVICES TEAM: A very special Thank You to our building services team for making the City of Moses Lake Permit Center a reality. Excellent Work! • Josh McPherson • Josh Gilmartin • Dillon Massey • Steven Mugnos SINGLE FRONT COUNTER CUSTOMER VIEW FROM FRONT DOOR BEHIND THE COUNTER VIEW Moses Lake Council Packet 4-12-22, Page 257 of 257