FINAL 2022 0524 Council Agenda Packet (2)Moses 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/83652426280. 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, May 24, 2022
Moses Lake Civic Center – 401 S. Balsam or remote access
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
-Memorial Day Proclamation
-Police Officer Week Proclamation
-Airport Commissioner Tom Dent Recognition
-Confirm Vote to Draft Ordinance that Repeals Adoption of Comp Plan Ordinance 2992
(docketed for Special Meeting on May 31)
Additional Business
City Manager’s Report
-Employee Promotions and Retirement
- Water Restrictions Code Enforcement June – September
-Extra Territorial Agreement Application Policy
Moses Lake Council Packet 5-24-22, Page 1 of 108
May 24, 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.
#1 pg 4
a.Claims and Payroll
b.Set Public Hearing for Annual Six-Year TIP Resolution
c.LSL Professional Services Amendment
d.Valley Rd/Loop Dr Watermain Project Acceptance
e.Grant County ILA for JAG Technology Grant
f.Maple Grove Planned Development District Phase 1
g.Maple Landing North Annexation Request
Old Business
#2 Motion pg 46
Perteet Contract Amendment 4 (Mae Valley Impact Fee)
Presented by Allison Williams, City Manager
Summary: Council to review and consider approval
New Business
#3
Motion
#4
Motion
#5
Motion
#6
Motion
pg 55
Award Signal Cabinet Replacement Project
Presented by Richard Law, City Engineer
Summary: Council to review and consider approval
pg 58
6422 Road 3.3 NE Extra Territorial Agreement (Valladeres-Cavazos)
Presented by Richard Law, City Engineer
Summary: Council to review and consider approval
pg 68
Commerce Utility Relief Grant Resolution 3900
Presented by Madeline Prentice, Finance Director
Summary: Council to review and consider adoption
pg 72
AFSCME Labor Contract
Presented by Shannon Springer, Human Resources Director
Summary: Council to review and consider approval
Moses Lake Council Packet 5-24-22, Page 2 of 108
May 24, 2022, City Council Meeting Page 3 _________________
Administrative Reports
-Grant County Hazard Mitigation Plan Update pg 107
-AWC Legislative Committee Update
-Karneetsa Land Recognition Ceremony
Executive Session
- Litigation pursuant to RCW 42.30.110(1)(i)
Council Committee Reports
Adjournment
A Special Meeting has been scheduled for May 31, and the next Regular Council Meeting is
scheduled for June 14, 2022
Zoom Meeting – Audio Only Please click the link below to join the webinar:
https://cityofml.zoom.us/j/83652426280
Or iPhone one-tap: US: +12532158782,,83652426280# or +13462487799,,83652426280# 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: 83652426280. International numbers available:
https://cityofml.zoom.us/u/aelROcwuzZ
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
Moses Lake Council Packet 5-24-22, Page 3 of 108
To: Allison Williams, City Manager
From: Madeline Prentice, Finance Director
Council Meeting Date: May 24, 2022
Proceeding Type: Consent Agenda
Subject: Disbursement Report since May 10, 2022, Council Meeting
The following amounts were budgeted and sufficient funds were available to cover these payments:
Electronic Transfer 167-168 $ 400,304.86 Checks 156101 – 156320 $ 2,253,432.57 Payroll Checks 64278 – 64292 $ 7,963.44 Electronic Payments Payroll ACH 5/13/2020 $ 476,400.47
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 5-24-22, Page 4 of 108
Check Name Check Amount Check Date Invoice Description
167 Assn Of Wash Cities 400,160.86 05/06/2022 Employee Medical Benefits
168 Dept Of Licensing 144.00 05/06/2022 Concealed Pistol Licenses
156101 AAA Readymix Inc 428.72 05/05/2022 Concrete Delivery 526 Pine
156102 Abc Hydraulics 39.08 05/05/2022 Air Regulator w/Gauge
156103 Agri‐Fix II 3,983.35 05/05/2022 Repair broken rear leaf springs
156104 Alan Key 175.00 05/05/2022 Taylor polygraph
156105 Amazon Capital Services, Inc.36.58 05/05/2022 Admin Amazon Purchases April 22
156106 April Stucky 800.00 05/05/2022 IFSAC Testing
156107 Badger Meters Inc 479.48 05/05/2022 April Meter Read Services 22
156108 Barracuda Networks, Inc 3,772.32 05/05/2022 Message Archiver
156109 Basin Feed & Supply 13.01 05/05/2022 Maintenance Supplies
156110 Basin Propane LLC 16.70 05/05/2022 Propane
156111 Basin Septic Services Inc 677.50 05/05/2022 Maintenance Service
156112 Centurylink 983.01 05/05/2022 Water Shut‐Off Notifications
156113 Centurylink 3,804.24 05/05/2022 206‐Z14‐0057 522B 04.14.2022
156114 Clean Concepts Group Inc.126.97 05/05/2022 Ripper
156115 Columbia Basin Herald 245.18 05/05/2022 TRAM‐V Ad
156116 Columbia Electric Supply 372.40 05/05/2022 120W XLE Power Supply
156117 Consolidated Disposal Service 38,038.07 05/05/2022 Disposal Loads/Refuse Tax
156118 Consolidated Electrical Distributors Inc 2,952.15 05/05/2022 Lighting Supplies
156119 Copiers Northwest Inc 391.84 05/05/2022 Equipment Contract Fees
156120 Corporate Translation Services, LLC 67.85 05/05/2022 Translation Services April 22
156121 CSWW, Inc 390.12 05/05/2022 Maintenance Supplies
156122 D & L Supply Company Inc 4,485.81 05/05/2022 Lids/Rings **1% discount applied**
156123 Databar Inc 4,287.77 05/05/2022 Mail Utility Bills
156124 Daupler, Inc 9,500.00 05/05/2022 Daupler Software‐Pilot License
156125 Devries Information Mgmt 110.70 05/05/2022 On Site Record Destruction
156126 Dobbs Peterbilt‐ Moses Lake 63.14 05/05/2022 Cable Eq#339
156127 EMS Technology Solutions, LLC 6,223.46 05/05/2022 Inventory Tags
156128 Endress & Hauser Inc.5,499.55 05/05/2022 Mag Meters
156129 Eurofins Microbiology Labritories Inc.3,919.32 05/05/2022 Sample Testing
156130 Faber Industrial Supply 36.14 05/05/2022 WD‐40 Lubricant
156131 Fastenal Company 415.43 05/05/2022 Maintenance Supplies
156132 Federal Express 11.50 05/05/2022 Shipping Fees
156133 Ferguson Enterprises Inc #3007 12.30 05/05/2022 Maintenance Supplies
156134 Galls LLC 759.52 05/05/2022 Uniform Pieces Dietzel/Feeney
156135 Gokeyless 2,581.35 05/05/2022 Keyless locks/mounting kits
156136 Grainger Parts Operations 1,326.12 05/05/2022 First Aid Kit Refill
156137 Grant County Treasurer 964.66 05/05/2022 2% Liquor Excise Tax April 2022
156138 Hach Company 1,196.23 05/05/2022 Reagent Set
156139 Hajoca Corp 1,074.28 05/05/2022 PVC Hole Saws ** 2% discount applied**
156140 Harris Computers Inc 33,092.85 05/05/2022 CIS Implementation
156141 Heartland Agriculture, LLC 163.47 05/05/2022 Maintenance Supplies
156142 Home Depot Pro (Supplyworks)34.82 05/05/2022 Huck Cloth Towels
156143 Ibs Inc 66.49 05/05/2022 Gray Primer/Drill Bits
156144 IFiber One 250.00 05/05/2022 SNS Advertising
156145 Imsa 40.00 05/05/2022 Certification Renewal‐A. Croy
City of Moses Lake
Checks Issued with Summary Description
For May 24, 2022 Council Meeting
Moses Lake Council Packet 5-24-22, Page 5 of 108
156146 Industrial Software Solutions 1,162.05 05/05/2022 SCADA Software
156147 Jerrys Auto Supply 383.10 05/05/2022 Maintenance Supplies
156148 Jordan Gilmore Inc.22,953.00 05/05/2022 HR System Implementation
156149 L N Curtis & Sons 38.23 05/05/2022 Uniform Name Tape
156150 Lad Irrigation Company Inc 1,964.67 05/05/2022 Maintenance Supplies
156151 Lake Auto Parts 100.33 05/05/2022 Injector Cleaner Eq#385 W/O 58122
156152 Localtel Communications 942.45 05/05/2022 Internet Service
156153 Moon Security Services Inc 246.83 05/05/2022 May Evidence Monitoring
156154 Moses Lake Collision Repair, Inc 3,836.81 05/05/2022 Body repair Eq#103 W/O 58308
156155 Multi Agency Comm Center E911 57,652.40 05/05/2022 May 22 Law Calls
156156 Norco Enterprises Inc 5,085.79 05/05/2022 Medical Oxygen Cylinder Rental
156157 Northwest Barricades & Signs, LLC 34.15 05/05/2022 Hard Hat
156158 Pollardwater.Com 5,090.63 05/05/2022 Pressure Gauges
156159 Pro Rentals And Sales 772.88 05/05/2022 Equipment Rental
156160 Protect Youth Sports 29.85 05/05/2022 Employee Background Checks
156161 Quill Corporation 223.47 05/05/2022 Graph Paper for A. Williams
156162 Rexel USA 238.32 05/05/2022 Fuses
156163 Scenic365 LLC 5,295.00 05/05/2022 LTAC Expense
156164 Schaeffer Mfg Company 16,237.02 05/05/2022 Oil/928 Webscope PM
156165 Sebastian Moraga 95.25 05/05/2022 Prof service
156166 Shirtbuilders Inc 486.15 05/05/2022 BMX Shirts
156167 Signs Now/A&W Farris LLC 1,722.70 05/05/2022 Temporary Magnetic Signage
156168 Sirennet.Com 13,531.34 05/05/2022 Emergency Lighting & Equipment
156169 Thermo‐Fluids, Inc 55.00 05/05/2022 Waste Antifreeze
156170 Transunion Risk & Alternative 337.77 05/05/2022 March 22 Transunion
156171 Trojan Technologies 13,539.70 05/05/2022 Lamps & Sleeves
156172 Turf Star Western 408.01 05/05/2022 Ball Joint Asm/Washer Eq#506
156173 Uline 342.89 05/05/2022 Supplies
156174 Ups Freight 132.14 05/05/2022 Evidence Postage
156175 Verizon Wireless 182.38 05/05/2022 Cell Phone Service 3/19‐4/18 2022
156176 Waste Mgt Recycle America Inc 2,641.71 05/05/2022 Commingle Loads March 22
156177 Weinstein Beverage Company 101.50 05/05/2022 Drinking water
156178 Wilbur Ellis Company 1,192.40 05/05/2022 Maintenance Supplies
156179 Cad Homes 13.54 05/06/2022 Refund Utility Overpayment
156180 Cad Homes LLC 14.58 05/06/2022 Refund Utility Overpayment
156181 Michael & Theodora Stein 254.47 05/06/2022 Refund Utility Overpayment
156182 Nancy G. Bailey Testamentary Trust 179.72 05/06/2022 Refund Utility Overpayment
156183 ABC Fire Control, Inc.1,731.27 05/06/2022 Fire System Repair Retainage Release
156184 Bo Hancock 115.00 05/06/2022 CDL Physical Reimbursement
156185 Brian Jones 15.00 05/06/2022 Reimbursement for Court Lunch
156186 Devon Edwards 146.35 05/06/2022 2022 Union Boots
156187 Jeff Sursely 63.05 05/06/2022 Fuel Purchase Reimbursement
156188 Julie Johnson 303.83 05/06/2022 Car Impounded Erroneously
156189 Michael Tupen 752.31 05/06/2022 Chaplains Academy Expenses
156190 Doolittle Construction 27,832.48 05/06/2022 2020 Seal Coat Retainage Release
156191 Mass X Construction, LLC 5,164.28 05/06/2022 Building Demolition Retainage Release
156192 CHRISTIAN OSGOOD 394.50 05/09/2022 Refund Utility Overpayment
156193 Christopher Schmieder 88.93 05/09/2022 Refund Utility Overpayment
156194 Donald & Ashley Taylor 286.58 05/09/2022 Refund Utility Overpayment
156195 Estate of Laura E. Cooke 332.80 05/09/2022 Refund Utility Overpayment
156196 George Demaris 500.00 05/09/2022 Refund Utility Overpayment
156197 GOOD BUILT LLC 129.27 05/09/2022 Refund Utility Overpayment
156198 Jesus M Ramos Farias 290.54 05/09/2022 Refund Utility Overpayment
Moses Lake Council Packet 5-24-22, Page 6 of 108
156199 Judy M. Greenwalt 69.92 05/09/2022 Refund Utility Overpayment
156200 KAINE KIRKENDALL 172.13 05/09/2022 Refund Utility Overpayment
156201 Miguel Cervantes 157.56 05/09/2022 Refund Utility Overpayment
156202 Nicole & Brett Anderson 101.82 05/09/2022 Refund Utility Overpayment
156203 REAGHAN SEIBEIN 142.33 05/09/2022 Refund Utility Overpayment
156204 A M Hardware Company Inc 563.68 05/18/2022 Locksets
156205 Abc Hydraulics 41.33 05/18/2022 Misc Supplies
156206 Advanced Analytical Solutions 204.10 05/18/2022 P.E. Samples
156207 Agri‐Fix, LLC 124.43 05/18/2022 Towing
156208 Airgas Usa 197.82 05/18/2022 Calibration Gas
156209 Amazon Capital Services, Inc.2,363.83 05/18/2022 Supplies
156210 Aspect Consulting 10,757.50 05/18/2022 Water Rights Work
156211 Axon Enterprise Inc 24,424.01 05/18/2022 Evidence.com license
156212 Badger Meters Inc 469.84 05/18/2022 Meter Reader Services
156213 Barbara Nickerson 25.20 05/18/2022 Museum Consignment Sales
156214 Basin Propane LLC 56.10 05/18/2022 Propane
156215 Basin Septic Services Inc 899.72 05/18/2022 Maintenance Repair
156216 Battery Systems Inc 2,835.43 05/18/2022 Batteries
156217 Berry, Dunn, McNeil & Parker, LLC 2,357.00 05/18/2022 Comp plan
156218 Bound Tree Medical LLC 3,219.20 05/18/2022 Medical Supplies
156219 Bud Clary Ford LLC 98,982.21 05/18/2022 2022 Ford F750 Dump Truck Eq. No. 290
156220 C&R Tractor & Landscaping, Inc 38,146.66 05/18/2022 Valley Road/Loop Drive Watermain 2020
156221 Carol Cross 74.90 05/18/2022 Museum Consignment Sales
156222 Carquest Auto Parts 159.74 05/18/2022 Wheel Bearing & Hub Assembly
156223 Cascade Natural Gas Corp 182.10 05/18/2022 SNS Gas Charge
156224 Columbia Basin Herald 475.68 05/18/2022 Signal Cabinet Replacement Ad
156225 Consolidated Disposal Service 2,851.73 05/18/2022 Medical Waste Disposal Services
156226 Copiers Northwest Inc 294.76 05/18/2022 Equipment Contract Fees
156227 Cummins, Inc.766.62 05/18/2022 Battery Charger
156228 D & L Supply Company Inc 444.29 05/18/2022 Misc Parts
156229 Deborah Goodrich Chittenden 51.80 05/18/2022 Museum Consignment Sales
156230 Dee Dee Dressen 56.00 05/18/2022 Museum Consignment Sales
156231 Dobbs Peterbilt‐ Moses Lake 3,160.27 05/18/2022 Repair Throttle Pedal/Installed Sensors
156232 Empire Well Drilling, LLC 57,904.00 05/18/2022 Well 34 Pump Test 2022 GC2021‐061.
156233 EMS Connect, LLC 280.00 05/18/2022 EMS Training Program
156234 Enviro Clean Equip Inc 887.29 05/18/2022 8" Kanaflex Hose Eq#331
156235 Eurofins Microbiology Labritories Inc.1,094.92 05/18/2022 Sample Testing
156236 Evco Inc 108.40 05/18/2022 Pool Speakers Remote Service
156237 Faber Industrial Supply 46.79 05/18/2022 SNS Supplies
156238 Fastenal Company 523.24 05/18/2022 Repair Pieces
156239 Filpro Corporation 101.15 05/18/2022 Paint Striper Mufflers
156240 Fishingmagician.com 1,000.00 05/18/2022 LTAC Expense
156241 Galls LLC 595.99 05/18/2022 Uniform Pants ‐ Feeney
156242 General Fire Apparatus Inc 4,405.17 05/18/2022 Radio Headsets
156243 Grainger Parts Operations 711.36 05/18/2022 Custodial Supplies
156244 Grant County Title Company 1,235.76 05/18/2022 Deed and Document Research
156245 Grimco, Inc.321.52 05/18/2022 Basic Equipment Training
156246 Haglund's Trophies, LLC 79.08 05/18/2022 Plaque for Ramiro
156247 Hajoca Corp 1,064.07 05/18/2022 PVC Hole Saw **Discount applied**
156248 Hannah Clair Allen 52.49 05/18/2022 Museum Consignment Sales
156249 Heartland Agriculture, LLC 70.97 05/18/2022 Maintenance Supplies
156250 Heiman Fire Equipment 896.85 05/18/2022 Fire Tools
156251 IAFF Local 1258 5,220.00 05/18/2022 IAFF Union Dues
Moses Lake Council Packet 5-24-22, Page 7 of 108
156252 Industrial Software Solutions 1,360.42 05/18/2022 SCADA Software
156253 James P Etzel 4,531.52 05/18/2022 2022 Long Liner Training
156254 Jerry Johnson 31.50 05/18/2022 Museum Consignment Sales
156255 Jerrys Auto Supply 426.72 05/18/2022 Fire ‐ Chain Saw File
156256 Jims Lock Service LLC 145.91 05/18/2022 Maintenance Supplies
156257 John Peterson 45.50 05/18/2022 Museum Consignment Sales
156258 Kaman Fluid Power LLC 571.70 05/18/2022 Hose Assemblies
156259 Kassandra Wiggum 38.50 05/18/2022 Museum Consignment Sales
156260 Katherine Da Silva 38.15 05/18/2022 Museum Consignment Sales
156261 Kelley Connect 198.55 05/18/2022 Equipment Contract Fees
156262 Kris Chudomelka 51.10 05/18/2022 Museum Consignment Sales
156263 L N Curtis & Sons 649.92 05/18/2022 SCBA Maintenance and Repair Pieces
156264 Lake Auto Parts 205.33 05/18/2022 Brushes**Discount Taken $0.24**
156265 Lakeside Disposal, Inc 25.67 05/18/2022 Recycling @ Fire
156266 Lance, Soll & Lunghard, LLP 6,572.70 05/18/2022 Finance Pro Services
156267 Lee Ann St Clair 25.90 05/18/2022 Museum Consignment Sales
156268 Leon & Keeble, Inc 1,236,266.32 05/18/2022 Pay Estimate #13 Larson Rec Center
156269 Life Flight Network 65.00 05/18/2022 Employee Membership ‐ Sackett
156270 Loveta Boyce 28.00 05/18/2022 Museum Consignment Sales
156271 Lynn Peavey Company 711.80 05/18/2022 Supplies
156272 Maria Morales 45.50 05/18/2022 Museum Consignment Sales
156273 Martin Schempp 223.80 05/18/2022 Museum Consignment Sales
156274 Mass X Construction, LLC 50,671.48 05/18/2022 Misc COF Sewer Upgrades, GC2021‐045
156275 McKesson Medical‐Surgical 1,138.82 05/18/2022 Medical Supplies
156276 Med Tech Resource Inc 378.90 05/18/2022 Traffic Safety Vests
156277 Merle Hardy 56.00 05/18/2022 Museum Consignment Sales
156278 Michael Reed 32.90 05/18/2022 Museum Consignment Sales
156279 Moses Lake Booster Club 320.00 05/18/2022 Jr Tennis Camp
156280 Moses Lake Police Guild 2,535.00 05/18/2022 Police Union Dues
156281 Moses Lake Steel Supply 35.62 05/18/2022 Misc Parts
156282 NFPA 175.00 05/18/2022 Membership Dues
156283 Norco Enterprises Inc 194.59 05/18/2022 Medical Oxygen
156284 North Central Laboratories 698.49 05/18/2022 Lab Supplies
156285 NYS Child Support Prosessing Center 184.61 05/18/2022 Child Support
156286 Oasis Auto Spa 757.50 05/18/2022 Car Washes April 2022
156287 Oreilly Auto Parts 365.82 05/18/2022 Air Filters
156288 Outdoor Power & Repair 59.91 05/18/2022 Maintenance Supplies
156289 Patrick Fleming 31.50 05/18/2022 Museum consignment sales
156290 Perteet, Inc.9,212.73 05/18/2022 Mae Valley Traffic Analysis
156291 Pow Contracting 242,619.80 05/18/2022 Misc Sewer Repair GC2021‐028.
156292 Protect Youth Sports 799.35 05/18/2022 Background Checks
156293 Public Safety Testing Inc 143.00 05/18/2022 13 PD Candidates
156294 Pud Of Grant County 36,797.68 05/18/2022 Street Light Elec. Service
156295 Quill Corporation 91.05 05/18/2022 Office Supplies
156296 Rexel USA 128.43 05/18/2022 Cable/Tone & Probe Kit
156297 Robert Bischoff 56.37 05/18/2022 Uniforms
156298 Safety Kleen Corp 133.73 05/18/2022 Oil Drum/Used Oil
156299 Sea Western Inc 2,738.83 05/18/2022 Air Quality Testing
156300 SHI International, Inc 3,196.15 05/18/2022 LRC Equipment
156301 Shirtbuilders Inc 354.60 05/18/2022 Uniform Shirts
156302 Signs Now/A&W Farris LLC 2,494.14 05/18/2022 Maintenance Supplies
156303 Sirennet.Com 761.08 05/18/2022 Emergency Lighting & Equipment
156304 Skaug Brothers Glass 310.92 05/18/2022 Windshield Repair Eq#102 W/O 58304
Moses Lake Council Packet 5-24-22, Page 8 of 108
156305 Summit Law Group 15,275.08 05/18/2022 HR Professional Services
156306 Target Solutions Learning 1,967.19 05/18/2022 Crew Scheduling Softwarel License
156307 The Driftmier Architects Ps 14,945.74 05/18/2022 Larson Rec Center Design.
156308 The Lifeguard Store 627.07 05/18/2022 SNS operating supplies
156309 The Wide Format Company 1,609.01 05/18/2022 Plotter Paper and Ink.
156310 Tlg Properties LLC (Joe Garro)3,100.00 05/18/2022 TLC June Lease
156311 Turf Star Western 459.62 05/18/2022 Misc Supplies
156312 United Way Of Ml 5.00 05/18/2022 Employee Contribution
156313 Ups Freight 149.04 05/18/2022 Shipping & Service Fees
156314 Usa Blue Book 738.83 05/18/2022 Electrode Cleaning Solution
156315 Valley Cash & Carry, Inc.35.30 05/18/2022 Maintenance supplies
156316 Walker's Furniture, Inc.385.90 05/18/2022 Station Furniture
156317 Wash Council Police & Sheriffs 500.00 05/18/2022 Police Membership
156318 Washington State Patrol 870.25 05/18/2022 Background Checks
156319 WSCCCE, AFSCME, AFL‐CIO 1,761.50 05/18/2022 Public Works Union Dues
156320 Zoll Medical Corp 267.87 05/18/2022 Medical Supplies
2,653,737.43$
Moses Lake Council Packet 5-24-22, Page 9 of 108
STAFF REPORT
To: Allison Williams, City Manager
From: Richard Law, City Engineer
Date: May 18, 2022
Proceeding Type: Consent Agenda
Subject: Set Public Hearing for Six-Year Transportation Improvement
Program Resolution
Legislative History: Financial Impact:
• First Presentation: May 24, 2022 Budgeted Amount: N-A
• Second Presentation: Public Hearing June 14, 2022 Unbudgeted Amount:
• Action: Motion Total Cost:
Overview
The City Council should consider setting the date for a public hearing to discuss the City’s Six-Year
Transportation Improvement Program (TIP).
Annually, the City is required to present the TIP to the public and allow comments to be heard
and incorporated into the program. The TIP is sent to Regional, State, and Federal planning
organizations to form lists of transportation needs and is due by June 30 each year.
Fiscal and Policy Implications
Only projects listed on the City’s TIP are eligible for Federal Funding. If a TIP is not approved, the
City will not be eligible to receive any Federal transportation grants.
Council Packet Attachment – Proposed Project List
Finance Committee Review N/A
Legal Review N/A
Options
Option Results
• Motion to set the date for a public
hearing.
A public hearing will be set and the City will be
one step closer to adopting the annual TIP
• Take no action. A date for a public hearing will be set at a later
date and will require a special meeting
Action Requested
Staff recommends City Council set a date for a public hearing to discuss the TIP and collect public
comment on June 14, 2022.
Moses Lake Council Packet 5-24-22, Page 10 of 108
Priority Level Project Name Project Description Benefit to Moses Lake or Priority Reason
Primary Benefit
(Local/Regional)Total Cost
Annual Annual Gravel Road Paving Program Gravel roads that have plans for paving. Maybe add dedicated annual funding source
for road paving.Local $ 500,000
Annual Citywide Crack Seal and Chip/Slurry Seal Roadway maintenance annual investment Local $ 1,000,000
Annual ADA Ramp Reconstruction Misc. Sidewalks ADA transition plan annual investment, often combined with stormwater upgrade
projects.Local $ 100,000
2023-2024 SR 17/Grape Dr Roundabout Gateway Treatment $ 200,000
2023-2024 Yonezawa Blvd East of HWY 17 and Moses Lake
Avenue Extend Yonezawa Blvd to serve school, future development Improves connectivity and future mobility Local $ 4,000,000
2023-2024 Wheeler Road and Road L Intersection Intersection control feasibility study Local $ 50,000
2023-2024 Division St and Nelson Rd Intersection Intersection control feasibility study Local $ 50,000
2023-2024 Wheeler Road Corridor Study
SR 17 to Road N NE Curb, ramps, sidewalk or separated shared use path Regional $ 50,000
2023-2024 Downtown Road Circulation Study Evaluate lane configurations and parking in Downtown Area Improves safety, connectivity, and mobility Local $ 100,000
2023-2024 Hill Avenue Road Diet Revise striping on Hill Avenue between Clover Drive and Division Street to change
from a four-lane road with parking to a three-lane road with parking, bicycle lanes, Improves safety, connectivity, and mobility Local
Part of 2023 or
2024 chip seal
2023-2024 Nelson Road Safe Routes to School Sidewalk on Nelson Road from SR 17 to Hamilton Road Improves connectivity Local $ 100,000
2025-2028 East Broadway Study From Pioneer to SR 17. RAB at Pioneer. Regional $ 100,000
2025-2028 Stratford Road & SR 17 interchange Intersection control feasibility study Local $ 50,000
2025-2028 Broadway Ave & Stratford Rd Intersection
Improvements
Revise striping to add protected right-turn lane for WB Broadway to NB Stratford;
revise signal timing to make length of signal phases more efficient Improves mobility Regional $ 75,000
2025-2028 SR 17 and Randolph Road Intersection Signalization Add traffic signal Improves mobility and safety Regional $ 1,000,000
2025-2028 Stratford Road and SR 17 Intersection Signalization
and Interchange Improvements
Add traffic signal at Stratford Road and SR 17 SB Ramps intersection, add southbound
right-turn lane at Stratford Road and SR 17 NB Ramps intersection, widen the Improves safety, connectivity, and mobility Regional $ 3,000,000
2025-2028 Gateway Treatments Lakeshore Ave/Broadway Drive Local $ 500,000
2025-2028 Local Road Improvements around Exit 175 in Mae
Valley Frontage improvements Improves safety and connectivity Local $ 1,000,000
2025-2028 Wheeler Road Improvements
SR 17 to Road N NE Curb, ramps, sidewalk or separated shared use path Improves safety, connectivity, and mobility Regional $ 2,000,000
Future 3rd Ave Reconstruction
Dogwood St to Pioneer Way Widen sidewalks, road diet. Extend "downtown feel".Local $ 4,000,000
Future Broadway Revitalization 300 acres of under utilized along corridor. Tax increment financing district (TIF).
Landscaping and streetscaping. Regional TBD
seeking
funding
Future Additional Lake Crossing - Motor Vehicle Bridge Location TBD Improves mobility Regional $ 42,000,000
Future Separated bike lanes on wide roads Local TBD
Future Nelson Road Reconstruction Reconstruct Nelson Road from Highway 17 to Road L to City Standards Improves safety, connectivity, and mobility Local TBD
ATP Big Bend Community College Trail - Segment 1 Add paved pedestrian/bicycle trail along SR 17 between Big Bend Community College
and Patton Boulevard Improves safety, connectivity, and mobility Regional $1,700,000 (2019)
ATP Big Bend Community College Trail - Segment 2 Add paved pedestrian/bicycle trail along SR 17 between Patton Boulevard and Grape
Drive Improves safety, connectivity, and mobility Regional $960,000 (2019)
Moses Lake Council Packet 5-24-22, Page 11 of 108
ATP Big Bend Community College Trail - Segment 3 Add paved pedestrian/bicycle trail along SR 17 between Grape Drive and Stratford
Road Improves safety, connectivity, and mobility Regional $770,000 (2019)
ATP Central Washington Railroad ROW Acquisition
S City Limits to N City Limits Acquire ROW from railroad when operations cease; future shared use path Improves safety, connectivity, and mobility $ 2,000,000
ATP Additional Lake Crossing - Pedestrian Bridge At Dogwood Improves connectivity Regional TBD
ATP Stratford Road Bridge Shift lanes east and increase sidewalk width on west side of bridge.Improves safety, connectivity, and mobility Local TBD
ATP Montlake Park Trail Construct a new trail from Montlake Park to W Lakeside Drive.Improves connectivity Local TBD
ATP Power Point Park Trails Connect Power Point Park to Division Street and Montlake Park through Grant PUD
right of way.Improves connectivity Local TBD
ATP Three Ponds Wetland Park Trail Develop trail along the south side of the Three Ponds Wetland Park within dedicated
right of way Improves connectivity Local TBD
ATP Alley treatments Change alleys into pedestrian corridors Improves connectivity TBD
TBD Mae Valley Projects TBD TBD
*ATP = Active Transportation Program
Moses Lake Council Packet 5-24-22, Page 12 of 108
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Madeline Prentice, Finance Director
Date: May 13, 2022
Proceeding Type: New Business
Subject: Lance, Soll & Lunghard Contract Amendment
Legislative History: Financial Impact:
• First Presentation: May 24, 2022 Budgeted Amount: $ 70,000.00
• Second Presentation: Unbudgeted Amount: $ 80,000.00
• Action: Motion Total Cost: $150,000.00
Overview
The City contracted with Lance, Soll, & Lunghard, LLP (LSL) in 2021 to provide accounting assistance
and interim Finance Director duties. The City continues to require assistance from LSL to aid in the
2020 and 2021 financial statement preparation due to the system issues that the City is still
experiencing and staff inexperience in some areas. Additionally, the City wishes to have LSL assist
us with correcting the configuration of the City’s financial accounting software to ensure the data
is accurate and we can resolve some of the manual workarounds that are currently being
performed.
Staff is requesting that the attached amendment for continued consultant services by LSL be
approved for signature by the City Manager and that the professional services budget be amended
to $150,000.00 for 2022.
Fiscal and Policy Implications
The original LSL contract expired on December 31, 2021 but provided for an extension through
June 30, 2022. Staff wishes to extend the contract to December 31, 2022. The 2022 budget
included $70,000.00 for consulting services from LSL through the first half of 2022. LSL has
provided an updated consulting services estimate of $150,000 for 2022, which will require an
$80,000.00 budget amendment for professional services.
Council Packet Attachments
A. Amendment to the Consultant Services Agreement with Lance, Soll, & Lunghard.
Moses Lake Council Packet 5-24-22, Page 13 of 108
Page 2 of 2
Finance Committee Review
May 2022
Legal Review N/A
Options
Option Results
• Approve proposal as presented City staff will continue to work with the
consultants on all tasks not yet complete.
• Provide staff with changes City staff will provide City Council with additional
information as requested.
• Take no action Financial reporting will take longer to complete;
system issues will take longer to resolve.
Action Requested
Staff recommends approval of the amendment to consultant services agreement between the City
and Lance, Soll, & Lunghard, LLP.
Moses Lake Council Packet 5-24-22, Page 14 of 108
Moses Lake Civic Center · 401 S. Balsam Street · P.O. Drawer 1579 · Moses Lake, WA 98837
www.cityofml.com · 509-764-3701
FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF MOSES LAKE WASHINGTON AND LANCE, SOLL & LUNGHARD, LLP.
Preamble. This is the first amendment to the Consultant Services Agreement effective September 1, 2021, by and between City of Moses Lake, a Washington municipal corporation
(hereinafter the "City"), and Lance, Soll & Lunghard, LLP (LSL), (hereinafter the
"Consultant") to make a change to the contract and add additional consultant services. I. Article 4. Term.
Article 4 extends the term of the contract to December 31, 2022.
II. Exhibit A. Scope and Schedule of Services The City desires to remove the external finance direction services from the scope of services
and add the following:
• Complete the preparation of the FY 2020 Financial Statements.
• Assistance closing FY 2021, including assistance with reconciliations and journal
entries.
• Preparation of the FY 2021 Financial Statements.
• Address implementation of GASB 87 for leases.
• Assist with completing the 2021 bank reconciliations.
• Assist with correcting configuration of Innoprise, the City’s financial accounting software.
The Contract Rate is amended to $150,000.00 through December 31, 2022. The Hourly Services rates are updated as follows:
Moses Lake Council Packet 5-24-22, Page 15 of 108
Page 2 of 2
All other terms and conditions of the September 1, 2021 Consultant Services Agreement remain unchanged.
IN WITNESS WHEREOF, Lance, Soll & Lunghard, LLP, and the City of Moses Lake have hereunto set their hands and seals this ______ day of May 2022.
CITY OF MOSES LAKE, WASHINGTON LANCE, SOLL & LUNGHARD, LLP
__________________________ _____________________________
Allison Williams, City Manager Gail Gray, Partner
Moses Lake Council Packet 5-24-22, Page 16 of 108
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Richard Law, PE, City Engineer
Date: May 17, 2022
Proceeding Type: Consent Agenda
Subject: Valley Road and Loop Drive Water Main Improvements –
2020 (B-534) Project Acceptance to begin 60-day Lien
Period
Legislative History: Financial Impact:
•First Presentation: May 24, 2022 Budgeted Amount: $ 935,547.62
•Second Presentation: Unbudgeted Amount: $ 85,577.07
•Action: Motion Total Cost: $ 1,021,124.69
Overview
C & R Tractor & Landscaping has completed the work for the Valley Road and Loop Drive Water
Main Improvements – 2020 and the work is ready for acceptance. The project consisted of
replacing approximately 8,900 lineal feet of AC water main with 12”, 10”, 8”, and 6” C-900 PVC
pipe. The project also includes replacing hydrants, water services and connections to other water
mains along the route. Project also includes traffic control on a 20,000 max ADT roadway and
patching.
Cost of the Work
The lowest responsive bid was for $935,547.62. The final cost for the work completed is
$1,021,124.69.
The increase in cost was due to additional watermain that was needed to be replaced in the
Stratford Road Intersection and the Mart Intersection and night paving operations at those two
locations.
Additionally, the project completion exceeded the contract time and the final pay estimate reflects
the recommended negotiated liquidated damages in the amount of $21,049.80. The email that
follows is the confirmation email the contractor sent with the signed version of the
negotiated final pay estimate.
Staff Inspection
The Valley Road and Loop Drive Water Main Improvements – 2020 project was completed by
the contractor, C & R Tractor & Landscaping. All work has been inspected by City Staff and has
been recommended for acceptance.
Moses Lake Council Packet 5-24-22, Page 17 of 108
Page 2 of 2
Fiscal and Policy Implications
After Council acceptance of the project, the City will enter into the 60-day lien period as required
by Washington State Law. The City will release the 5% retainage bond after the 60-day lien period
is complete.
Council Packet Attachment
A. Final Pay Estimate
Finance Committee Review
N/A
Legal Review
N/A
Options
Option Results
•Accept the project Staff will send a notification of acceptance to the
contractor and the 60-day lien period will begin.
•Request additional information Staff will provide the requested information.
•Take no action The project will not be accepted at this time.
Action Recommended
Staff recommends accepting the Valley Road and Loop Drive Water Main Improvements – 2020
(B-534).
Moses Lake Council Packet 5-24-22, Page 18 of 108
Moses Lake Council Packet 5-24-22, Page 19 of 108
Moses Lake Council Packet 5-24-22, Page 20 of 108
STAFF REPORT
To: Allison Williams, City Manager
From: Kevin Fuhr, Police Chief
Date: May 17, 2022
Proceeding Type: Consent Agenda
Subject: 2021 JAG Award-Grant County ILA
Legislative History: Financial Impact:
• First Presentation: May 24, 2022 Budgeted Amount:
• Second Presentation: Unbudgeted Amount:
• Action: Motion Total Cost:
Overview
The Moses Lake Police Department has been awarded the 2021 Byrne Justice Assistance Grant in
which we received $10,100.00. The police department receives this funding annually based on
federal funding allocations and our statistical information.
Prior to obtaining the funds, we are required to enter into an Interlocal Agreement with Grant
County, despite the fact that Grant County is not eligible for the grant funding.
This year’s JAG funding has been allocated to offset the cost of Cellebrite software that we acquired
this year to assist with investigations involving cell phones.
Fiscal and Policy Implications-N/A
Council Packet Attachment – ILA with Grant County
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
Action Requested
Staff requests Council allow the signing of the ILA by the City Manager.
Moses Lake Council Packet 5-24-22, Page 21 of 108
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF MOSES LAKE, WA AND COUNTY OF GRANT, WA
2021 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Agreement is made and entered into this ___th day of ____________, 2022, by and between The
COUNTY of Grant, acting by and through its governing body, the Board of County Commissioners,
hereinafter referred to as COUNTY, and the CITY of Moses Lake, acting by and through its governing
body, the City Council, hereinafter referred to as CITY, both of Grant County, State of Washington,
witnesseth:
WHEREAS, this Agreement is made under the authority of the Revised Code of Washington, Chapter 39.34 Interlocal Cooperation Act: and
WHEREAS, each governing body, in performing governmental functions or in paying for the performance
of governmental functions hereunder, shall make that performance or those payments from current revenues
legally available to that party: and
WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of
both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the
performing party for the services or functions under this agreement: and
WHEREAS, the CITY agrees to provide the COUNTY $ 0 from the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, FY 2021 Local Solicitation, for the Moses Lake Police Department's
Cellbrite software license and the City further agrees to act as the designated Fiscal Agent for this grant program; and
WHEREAS, the CITY and COUNTY believe it to be in their best interests to allocate the JAG funds.
NOW THEREFORE, the COUNTY and CITY agree as follows:
Section 1.
CITY agrees to pay COUNTY a total of $ 0 of JAG funds.
Section 2. COUNTY agrees to use $ 0 for NO Program.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for claims against the COUNTY other than claims for which liability may be imposed by the Washington Tort Claims Act.
Section 4.
Nothing in the performance of this Agreement shall impose any liability for claims against the CITY other than claims for which liability may be imposed by the Washington Tort Claims Act.
Page 1 of 2
Moses Lake Council Packet 5-24-22, Page 22 of 108
Section 5.
Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party.
Section 6.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.
Section 7.
By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
COUNTY OF GRANT. WA
___________________________________
County Commissioner-Chair
APPROVED AS TO FORM:
____________________________________ Prosecuting Attorney
CITY OF MOSES LAKE, WA
__________________________________City Manager
ATTEST:
__________________________________ City Clerk
APPROVED AS TO FORM:
__________________________________ City Attorney
Page 2 of 2
Moses Lake Council Packet 5-24-22, Page 23 of 108
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Kirsten Sackett, Community Development Director
Date: May 18, 2022
Proceeding Type: Consent Agenda
Subject: Maple Grove Planned Development District Phase 1
Legislative History: Financial Impact:
• First Presentation: May 25, 2021 Budgeted Amount: N-A
• Second Presentation: May 24, 2022 Unbudgeted Amount:
• Action: Motion Total Cost:
Overview
Moses Lake Municipal Code requires City Council
to give final approval of a Planned Development
District, MLMC 18.67.150
On May 25, 2021, Moses Lake City Council
adopted the Hearing Examiner’s
recommendation and conditions of approval by
adopting Ordinance 2974 establishing Maple
Grove Planned Development District zone.
The applicant, Luis Garanzuay on behalf of
Hayden Homes, LLC., has submitted Maple
Grove PDD Phase 1 for final approval. Maple
Grove Phase 1 has 44 single-family lots and a
one-acre neighborhood park. The applicant has
met all the conditions of approval, has bonded for remaining improvements, and upon
recommendation of the Hearing Examiner the Planned Development District is ready for final
approval by the Moses Lake City Council.
Fiscal and Policy Implications N/A
Council Packet Attachments
A. Ordinance 2974
B. Hearing Examiner Recommendation
Moses Lake Council Packet 5-24-22, Page 24 of 108
Page 2 of 2
C. Maple Grove Phase 1 Planned Development District map
Finance Committee Review N-A
Legal Review N-A
Options
Option Results
• Approve as presented The Planned Development District Site Plan
will be recorded with Maple Grove Phase 1
Major Subdivision at the Grant County
Auditor’s office and building permits can be
issued.
• Provide staff with changes The development will be delayed.
• Take no action The applicant will not be able to continue with
the development.
Action Requested
Recommended Motion: Approve Maple Grove Phase 1 Planned Development District.
Moses Lake Council Packet 5-24-22, Page 25 of 108
Attachment A
Moses Lake Council Packet 5-24-22, Page 26 of 108
Moses Lake Council Packet 5-24-22, Page 27 of 108
Moses Lake Council Packet 5-24-22, Page 28 of 108
Attachment B
Moses Lake Council Packet 5-24-22, Page 29 of 108
Moses Lake Council Packet 5-24-22, Page 30 of 108
Moses Lake Council Packet 5-24-22, Page 31 of 108
Moses Lake Council Packet 5-24-22, Page 32 of 108
Moses Lake Council Packet 5-24-22, Page 33 of 108
' ----i x . .a%Ig1.1.1.1.1.1,1.1.l.,IgI I / / 'y)(!_) -I - / / "-'Oa - - - - ;ors o __i__ i -, , NOO45 56 W 668.!8 -, _uil"l- l-l- I -'I -'l-l- l-l- l:p5p T - - "0"6 - '-=-"--=/'2?4 _"oO "a*>o(a(Tl aim/ %% oar ;o/ ;- "-e;e lj/- .- - .i 'zI * ; 'y 'i )@.@()--'?-.C ?n_ zco fff. !_zo.( 0ffizFJ-I !l;'8.I1%l-l-l==l-l:l-l==I:l:liUI:l=I;il=l=-IxiIHl:Thu15lmlilillili11liIj5l#lil1,L__J __J al al -" m - #.-___J__ ___-,,,___-=-t-,_-' -ZkA'kl;I )jq U)j"ylThl t.;I,i I:51(lih;:ltAImi=I z i ffll-'l T;='l" j I , ,/ / 0 - \, --- -az 114"E . -__ _I!!!)J.: I:l T 20' I5;;IUhJ I ==l;5 J PI:l6y '=l:l } ! E 'l=l=10 l=l=l=l=l=l=li Iz;,dffii o, j@3 hJj'lAUg 'f,Thm 0J%,'lu;- j§" #l "O(z')-/% C, tai!_ ___ r3 CO ! EA,51, /-//-----'-/ ' -_, IWl::ll:l;l:lIHl:l=qIpi0Thiil;;!,ffj;J':m il;hij 3h;rai 0;Rl<l X-':X' -'---,,2---,,,qDD'35a2DaE ,)DO DOa '%, >,!i f / /.',o ' /% " %J" " i,.Le !! _, ( N
>S :
50 0(T ao O O r """ooo 8 ; Si OCl ,,;
0 XLiei,
-'i
[1712]
,_so.ooa,
50.00'-, g.€ 1 0 0) ro 0 < 0 N,OX-t5
Q 04 ! Ln B
(rzis]
, _so.ool
50.00"gmr'o"'gag :_ < ta A ,'
@)6a'
;[1720il_
50.00*,
' 50.00' al-154fi.,a :i
[i:na)
1_50.0(T _,
' !iO.OOaffiffl-=:lQ lJl l hJ B
I
_ _[172_81
, _50.OCX-
501)0"% , -goui ?x o= ;O0
(T) Ls - Cl
'ff'
[1732] 8
so.ooa_,
/ ,7 : [ff -_- %lffl HEMLOC;"ROA;) - " " C-' ___ , NCKl'35'20aW 387.7
-- L 0 ffi
/ I " - - - - - - --.-[?-" a'_l" 3 % ]['0. - -, "T : I
:- ii::iiiii
/'
-J(Tl
';'= i" 5oa '5a ;a ;' u'i""a "?o ago '; 'm'o g 3 c
< I rn "2 > < C :i- < ';i :o
Ffj :. oo= om ,g "; 82_ p. xo =; x_n ui:
,,41: ozC,_mx>:n>(/)oz_,.f =>m> "a
,Ej z> mm y, ob =5 "!-ill oliaz _____ c
0 A tn " K ';a o
I -l> tp
mo>= 1111. " :=o: :I:oz> :. ' o(p<. oo:o: ooh=:o' " := >=o:>= """a
:" :: ""o>
i ,O c();Ollll)ln m:(
> w ('l
()UfflD C
('q (4 O
m'ff
I 2:OCn>SI 0%2:" 0i Z 'l) 0 0 inII r 0" 9 ' - (')
I mo- o §
I z '< K 0 'i) %-l <' C 'o" 5 o s O 'a'nr €
a"'a 'I:o 'o4 W"' "g (
,(D mmW\ : c;ohMo42 -i ,)02 Z
f02 'a ffl
m q Cl z o >
z 0 - d
CAx"O
z> < I> ,, z
:N( S :
go.or'_ "% a 'J" agss"
-" r LOT l 4 Z r.- -LOT t3 - T
lA o , > 4- -BLX 2 _ ui - BLK l o
""o. @ 5 4 7 9 SF "'y 1,6 'i=": I "'q 5 4 21 SF @
, NOO35'20-W ', .' SOOa35'20-E ,
a-E -s:o:ai7J'!1, BLk 1 _ (+'
.Q ,:,:; :,, ,i ij
It
30' 30'#
ffi
,!
l=
- I'
I
10
N
5i I
in l
,Sl rq
li ',-1 ,2.0,.:'i55
' 100.OOa I i'
" LOT 13 Tl (I'0 _ i Cl
O BLk 2 ,16
Cl 5000 SF (:l, '-rioossfo-w -r.
ff'a""a
=r
I l
l
} (
I
k
(/)
*'J
1 o,; n'l (
5 m0: 2:o
, :18 ,
j I ga.asa '
' iq LOT 14
6 ' y BLK T00,i J'o S'0"0"'3'5"'2'0aE -,
", =:'= =,ii'l,Z' -so'o""';sa:o't-I:1 ,
to" '%or'o:'; =l i
3 500'O SF .M1 3
, NO€15!;2rtW i la'
':q ! io98T'8i8!i '
6o- I "' 49'4'4" 5' F
,, i SOO'3E;20-E ,
'g :o"ya'io' 71fflg 49B4': S'F :l 6o.'
, sooassazo-c i ,
' ioo.oo' l'
4 LsO,T 1; ql gR 50tl) SF El "'o
, NOO'35a20-W , I,i
'J90 c"o8:sis '
3o iffi 4'4'4 gF
,' i SOOa35a20-E ,
" 9887' @H'JI
g, LBOLTk 9, 'H 18,
Q 49 4 4 5F =" i Q
, SOO'35'20aE , ',
f lOO.Oa' I lai
q LBOLT, 120 ?o i o,o,'
,o' NO:o'3o5oa2"O'oW 'l oi,
4 L, 98.88" "O i'q@)cot it
" BLlt 1
0 g 4944 SF
,i-l-soossa>o-t ,- s0..;iFAEi:<]
a, iiooo,oog' =l Bi-0 - i 0;,, BLK 2 o 16
Q 5000 SF !_. 0_
, NOO'35'20aW i iJ
',: I = L9o8T!1:18a 2==0 l- N;,, o BLK 1 o
Q !' 49 4 4 SF N
,, i SOtT35'20aE l'a
i ot.n :: : Pi O :. ,j'l
6o- 49B4':1 S' F 'o, lf3, sooxsazoacoi :,
100.00' l'
H LBOL,T 82 a;i I j'8 5000 SF ul 8'
, NO1T35}200W , 'J
'l gs.ar '
IJ la" LOT 190oBLk 1l'4 4944 SF
,' i SOOa35'20aE ,
' 9887a
g .oT6 ,i4'l
Q 4944 SF ,,51 Qil
SOOa35'20aE '
' 100.OOioa.g q
!' LOT 7 @)ari (II
o BLK 2 01 oh)C)
,o' NO"Oo'o35oa2"O'aW'l i,
'i I 98.88a '
v IT LOT 20010;,, M BLK 1
,ol'l-SO':'3'5'2"0'-E ,
' ga.aya I i'l
H LOT 5 aii 81 BLk T s o a(I) ,o
,o' SDaO"":52s;E = I 41
' .., ..- I "" I -a a-"' iia o-ia i *
0-f;.;g:.:.
.:::::::=J[ '=
:f! ffi:'i:N -'
Th
U - . >. ;-,E ;
)== a,=,o.2 iOZ>x'n X-4-%'ff"lly' /__l_n_zH
43 21 I : I-al ; -; 8J, (;) <:?x _,r'o j
:_o""'€'c'jSo" aX)E'i!a)!5"":!o- -
=o,-.:,=ipno ,_,,8q,,Ao"p,0,"'8 J
q;i=:p; =9 x #7; ;)
uir=m .,zo c=oo= l:. :=> l._ m 7H ,,, c= : =
I
I
@
- - - " - -252.2(j- - - - - -
lllll.ULl %i iIJ LOT 6 - "0 0
3 5"'O'0"O S'F 8"ol g
, NOOa35'20aW i i,
I
)- . i
-l-
) t
I
.1.
!h'T LOToo2T010
5i BLKI
Q ': 4944 SF
,, i soo'.isazoac ,
,, ;:i;'i -gjjl
, soossazo't i ,)
' ffil
" l
-I
," I ,: €
'ii>
!-',"'C)
,51z>
=l. i o, m. #_ f-%,- . ' C) m" I ;O '
>(/)
-Oj ci I Z_ Q_ @ 0,-<<
' uxima 04- l')' LOT 5 ,'J
o BLK 2 0 o;,,
o. 5000 SF Bl o,
. NOO'35'20aW , ',
(l gsaaa ' us I a LOT 2200
€l 'a 4:44' S' F,' i SOO'35'20aE ,
> 9!lB8a 1114
us LOT 3 T I No BLK i o " -
. s:.;;:E'ai:'l.,
' 100.OO' I i'
'f" LOT 4 T v
o Bcx 2 91 E',O
,o' N:Ooa3oo5a2:'aW-1 i,
' I ga aaa '
Iy I T LOT 23o I (_ au iO,
,i'l-50':'3;2:'aE ,
' ga.gaa I ,"l
€ 5:.ul2., SOO*3!;20aE (
iui tLoOoT.003a .i ,,"(:l iO
@ BLK 2 e 4
Q 5000 SF : Q
NOOa35'z0aW l la
' I ga.asa 'I 1,
y - LOT 24
81io 4::'4 ;F
1, i 98.88a
'o, :,IY ,l o'ol O
o Blk' 010
Q 5056 SF i!- ""
10t.i2a i in
y lOO.OOa l'
S LOT 2 ! (+'O
R :OD"'D 2SF -Hol oo
, SOOa35'200E I :,
W_ 1,410> soo'.isazooe 200.00 o>'+' .e a
?i o,:, o
I I 0 ' T -g :O I A:>!!> 1,
10000' " I '! S >'n -J
i > I X n"o , -
a > m"u, > @D-0-I r
g,:i:'_'_';,Jr'::_y,6,,0______;
t,.,, __4 ., ,,. i-k - '
dO - dO - dO + d - (10 -
i - 37873a sa - % 'J 7jo._-.,,;,-'!--G'.S ::
i:.:li T,- ...
Inn
!
.1
il
H
2
'>
';)
-l
g-l
"=l
gLfI:D
6
;4,
o
M;
ta'].>= $i
:o >x . 9 '%l
5, =u+z"; :_ 'isqCl(l %5 u) -) %,g - (,l
cg- ,,< :C z> Cr)fs I ' iii 'i 's_
< 00 " tl) a'V"r CN' " F: Tg_ 0 O %O %,3s
I " 'o > 'ocm 'noo 'qz '> -u q !E iii '> ui -' i ' !" " 'l > '-
z ;K: 5) (/j 0 0 Ill '- ff '> 0 01) 0 0 % l'n T Ial() I I 5 :o > m " > ui C d t_ C m -l -l" P 7 o " "'a o " 5 J E o o o al E (fl ui
I? m" B'o H" " oa' o; ozc og m:aoS ; y" a" ffl" . ,'a" ""
(E3 #"' m
Eo,i i "" ffi= """= t -) q o u, Zto
E 8vcrnrsyavnm5""ffi'%""':""a':"'oE'ao":'F::':
o'H e 'aRAPE ;Z!
g
0 ,' N?HB:ffim '\ 2 80 i8ffi @ = 4@ -. ."
a '-=z"'-""'= a ii riffi H .- =; n
% "'Clffi. . :=i=K!- .,. ,,, , . ,
-5"ma> ,;52i> ,-,> €c
0 m< a @
y
K
2 't
,l
'i Attachment CMoses Lake Council Packet 5-24-22, Page 34 of 108
SCALE To - 100'
0 100 200 300
MAJOR PLAT
MAPLE GROVE PHASE 1
N.W. 1/4 0F THE s.w. 1/4 0F SEC. 10, T.19N., R.28E., W.M.
CITY OF MOSES LAKE,
GRANT COUNTY, WASHINGTON
IRRIGATION NOTE
RECLAMATION'S CONCURRENCE IS LIMITED TO THE EXTENT OF THE PLAT COMPLIANCE )IIITH THE
REtXllREMENTS OF RCW 58 i7 Jll)
DRAIN CONSTRIICTION RISINC CRCIJNOWATER TA8LES ARE COMMON IN IRRIGAnON PROJECTS FEDERAL
DRAIN CONSTRIICTION FUM)S ARE NOT AVAILABLE FOR DRAINAGE OF SIIBDIIASIONS AND OT1-IER AREAS NOT
IN A COMMERCIAL AGRICULTURE LAND IISE IJNLESS SUCH DRAINAGE IS INCIDENTAL TO THE REOulRED
DRAINAGE OF ADJACENT AGRICULTURAL LANO AND MEETS FEDERAL TECHNICAL AND ECONOMICAL
FEASIBILITY REOUIREMENTS
THIS LAND IS INCLuOED MTHIN THE EAST COLIJMBIA BASIN IRRIGATION DISTRICT. AND IS SUBJECT TO LAWS
OF THE 11NITED STATES AND THE STATE OF WASHINGTON RELATIVE TO THE COLUMBIA BASIN PROJECT AND
IS LIABLE FOR FURTHER ASSESSMENTS. IF ANY. LEVIED BY SAID DISTRICT IT IS ALSO UNDERSTOOD AND
AGREED THAT VtHEN THIS PLAT IS SERVED BY CITY STREETS ALL IRRIGABLE LANDS WITHIN THE STREET
RIGHT-OF-WAY OR ISOLATED BY SAID DEDICAnON WILL NOT BECOME A CHARGE ASSESSABLE TO CITY AND
PAYABLE TO TT-IE EAST COLUMBIA BASIN IRRIGATION DISTRICT FOR CONSTRUCTION OPERATION AND
MAINTENANCE OF TilE PROJECT
DISTRICT SECRETARY-MANAGER DATE
8UREA11 0F RECLAMATION DATE
IRRIGAnON APPIIOVAL
WATER SUPPLY RECLAlilATION'S CONCURRENT IN THIS PLAT DOES NOT ASSURE THE AVAILABILITY OF A
WATER SUPPLY NOR DOES IT BIND ThlE UNITED STATES TO ISSIJE A PERMANENT RIGHT FOR A FEDERAL
WATER SIIPPLY A SUPPLY OF FEDERAL PROJECT WATER TO THIS LAND IS ASSURED ONLY UPON FULL
COMPLIANCE WITH COROLLARY FEDERAL ANO STATE LEGISLATION
BUREAII OF RECLAMATION DATE
APPROV ALS
EXAMINED AND APPROVED BY THE MOSES LAXE CITY ENC;INEER ON , 2022
CITY ENGINEER DATE
EXAMINED AND APPROVED BY THE HEARINC EXAMINER ON , 2022
HEARING EXAMINER DATE
FENCE NOTE:
NO WOOD/CEDAR FENCE TYPE SHALL BE ALLOWEO ALLOWED
FENCE TYPES INCulDE VINYL AND CONCRETE BLOClt
EXAMINED AND APPROVED BY THE MOSES LAKE CITY COIINCII ON , 2022
CITY M AN AGER DATE
TREASURER CERTIFICATE
HEREBY CERTIFY THAT ALL TAXES AND ASSESSMENTS NOW DUE AND
PAYABLE ACCORDINC TO THE RECORDS OF GRANT COUNTY. HAVE BEEN
FULLY PAID
BEARING
NOO'35'20"W
S89'20'28"W
SOO'45'56"E
S89'20'26"W
SOO'45'56"E
S60'45'34"E
S54'25'10"E
S60'45'34"E
N89'i2'46"E
DISTANCE
605 29
794 98
60 00
500 00
237 32
3864
452 77
46 06
855 08
PLAT CLOSURE
NORTH SOIITI-I EAST wEST
605 2580 0 0000 0 0000 6 22'Ti
0 0000 9 1506 0 0000 794 9273
00000 599'l46 08017 00000
o 0000 5 7553 0 0f)00 iigg 9669
0 0000 237 2988 3 l 708 0 0000
00000 188748 337163 00000
0 0000 263 4432 368 2368 0 0000
o 0000 22 499 3 40 1909 0 0000
i I 7 492 (l onoti tisi+ ma o.otioo
617 007 e 17 ot 7 1 301 1 l 6 1301 115
GRANT CCUNTY TREAaSJRER DATE
GRANT COUNTY ASSESSOR
EXAMINED AND APPROVED BY THE GRANT COLINTY ASSESSOR
ON. 2022
GRANT COIJNTY ASSESSOR/DEPIJTY ASSESSOR DATE
@;HN
NOTARY STAMP
BLACK INK ONLY
l
J
PR Y
; I-N BO6K 'h 5F *-A-J-OR P-L-A-T-S FAX (509) 735-6560
!!C91!PS 9F GRANT COUN.TY: AT THE REQUEST 5658FP, DwG e 2022
DATE: 04/2!1/22 SHT. 2 0F 2
GRANT COUNTY AUDITOR DEPUTY AuOITOR U)IAWN BY: DCIGRANT COUNTY AUDITOR DEPUTY AuOITOR
Moses Lake Council Packet 5-24-22, Page 35 of 108
Page 1 of 10
STAFF REPORT
To: Allison Williams, City Manager
From: Kirsten Sackett, Community Development Director
Date: May 19, 2022
Proceeding Type: New Business
Subject: Maple Landing North Annexation Request
Legislative History: Financial Impact:
•First Presentation:January 11, 2022 Budgeted Amount: N/A
•Second Presentation:Unbudgeted Amount:
•Action:Motion Total Cost:
Overview
A Notice of Intent to Commence Annexation was received by the Community
Development Department on April 8, 2022, from Charles Flower to consider annexation of
parcel 170478005. The property is located at 4762 Grape DR NE and consists of 4.87 acres.
The property was later sold, and a new Notice of Intent to Annex was submitted by Brandon
Bernard to the department on May 19, 2022 (Exhibit 1). The notice of intent includes the
signature from the sole owner of the property, therefore the signature represents one
hundred percent (100%) of the assessed value in the annexation area proposed by the
applicant.
The land use designation of the parcel is Medium Density Residential (Potential Zoning of
Residential 3) as identified in the Comprehensive Plan as depicted in Exhibit 4. The subject
property is anticipated to be the continuation of the Maple Landing Subdivision to the
south. Refer to Exhibit 5 for the proposed project concept. The property to the north is an existing
residential subdivision zoned Residential 3 within the Urban Growth Boundary. The property
to the east is zoned Residential 3, and underdeveloped. The property to the west is vacant
zoned Residential 3.
Background:
A map of the parcel proposed to be annexed is attached to this report (Exhibit 2). Per Chapter
35A.14 RCW, the City Council is to determine the following at this initial meeting:
Moses Lake Council Packet 5-24-22, Page 36 of 45
Page 2 of 10
1. Whether the City will accept, reject, or geographically modify the proposed annexation.
Acceptance does not constitute approval, but rather affirms the process of
consideration will continue. Once a geographic boundary has been set at this meeting, it
cannot be expanded to include additional area.
2. Whether the City shall require the simultaneous adoption of the zoning designations for
the parcels proposed to be annexed.
3. Whether the City shall require the assumption of all, or part of, existing City
indebtedness by the area, if annexed.
If Council agrees to move forward with the intent to annex, the requestor then files a petition
for annexation with City Council. The petition is reviewed by City staff, and must be sent to the
Grant County Assessor within three days of receipt of the petition. The Assessor must then
certify the petition within a reasonable amount of time.
After receipt of the Assessor’s certification of the petition to annex, Council may then schedule
a public hearing to formally consider and act upon the proposed annexation. A decision to
approve the annexation is implemented by ordinance, which may be given first reading at the
conclusion of the public hearing.
Analysis:
The Moses Lake City Council adopted the Comprehensive Plan to include the subject
property in the UGA boundary, assigning a land use designation of Medium Density
Residential. Grant County Commissioners approved inclusion of this property within the City’s
Urban Growth Boundary with a zoning designation of Medium Density Residential. Since the
property is within the City’s Urban Growth Boundary, it is eligible for annexation.
According to RCW 35A.14.010 unincorporated areas proposed to be annexed into a city must
also be deemed contiguous. The parcels is bounded by City limits to the south and west thus it
is deemed to be contiguous to the City limits.
The Growth Management Act calls for logical growth patterns. Annexation of areas in the City’s
urban growth area is one tool that will extend the City’s land use regulations, assuring orderly
growth through subdivision regulations, design standards, and other relevant regulations in the
City’s Land Development Code.
As described on page one of this report, pursuant to RCW 35A.14.120 and within this
proceeding, the City Council may geographically modify the proposed annexation. Upon
review of the applicant’s proposed annexation, the Community Development Department
analyzed the region for consistency with a “logical annexation boundary,” and recommends
including additional properties within the boundaries of the annexation. Please refer to Exhibit
2, for the area highlighted in RED.
The recommended area includes four properties with Extra Territorial Agreements (ETA)
highlighted in purple, three properties with covenants highlighted in peach, properties
currently being served by existing City of Moses Lake urban services (sewer mainline) as
Moses Lake Council Packet 5-24-22, Page 37 of 45
Page 3 of 10
depicted on the map, and Urban Growth Area Zoning.
Pursuant to the petition process of annexation, the valuation to apply must fall within specific
criteria. As shown within the valuation table below, a total valuation of $4,763,130 is
estimated based on Grant County Assessor’s records for the total recommended area. Of the
recommended area, the applicant’s property and properties subject to an ETA is approximately
$1,907,690, or approximately 40% of the total valuation. Although below the necessary 60%
need for final annexation, this amount lends itself to consideration for petition. If the
annexation proposal can gain the property valuation of 20% of the non-participant owners
listed below and obtain signature (agree to annexation), the petition may move forward. RCW
35A.14.120 states, “It must be signed by the owners, as defined by RCW 35A.01.040(9) (a)
through (d), of not less than sixty percent in value, according to the assessed valuation for
general taxation of the property for which annexation is petitioned.”
Owner Parcel No. Valuation
Flowers/Maple Landing 170478005 229,700
Peters 120368000 223,605
Nakonechnyy 120369000 230,000
Miramontes 120370000 271,880
Nakonechnyy 120371000 292,500
Coulson 120903209 121,375
Rojas 120367000 233,145
Nakonechny 120366000 292,730
PIA 170415000 5
Perez 170478003 12,750
Applicant and ETA Valuation Total: $1,907,690
Owner Parcel No. Valuation
Ellestad 120903207 145,500
West 120903208 150,405
Nakonechny 120365000 51,790
Tkachev 120364000 42,315
Tkachev 120363000 262,475
Myers 120362000 184,680
Lopez 120361000 147,680
Benz 120360000 233,915
Stull 120359000 235,090
Brown 120358000 132,415
Mitchell 120356000 164,465
Basin Water Sources 120357000 10,305
Nakonechnyy 120372000 50,410
Sallis 120373000 189,950
Hayes 120374000 172,450
Ogle 120375000 187,400
Moses Lake Council Packet 5-24-22, Page 38 of 45
Page 4 of 10
Boyce 120376000 184,675
Boyce 120377000 161,770
Hatch 120378000 147,750
Non-Participant Valuation Total: $2,855,440
Following this ten percent annexation meeting, a petition will be circulated. If the applicant
returns a sufficient petition and it is certified by the Grant County Assessor, a date will be
scheduled for the sixty percent City Council Public Hearing.
As described previously, the City Council must determine the three items described on
page 2 of this memo, as outlined in RCW 35A.14.120. If the legislative body requires the
adoption of a proposed zoning regulation and/or the assumption of all or any portion of
indebtedness as conditions to annexation, it is to record this action in its minutes. Council
acceptance is a condition precedent to circulation of the petition. There is no appeal from
the council decision.
If the Council agrees to consider the annexation, this does not commit Council to initiate the
public review process or guarantee that the City Council will approve the annexation proposal
based on initiating the review. If the City Council agrees to move forward with considering the
annexation, staff will review and explore feasibility, level of service, and fiscal implications
of accepting the annexation, zone, and ultimate development. All appropriate agencies and
city departments shall be consulted as part of the review pending city council consideration.
Fiscal and Policy Implications
The analysis will be performed once City Council agrees to move forward with review of the
annexation.
Council Packet Attachments
1. Notice of Intent to Annex
2. Subject Property Map / Zoning (Applicant)
3. Legal Description (Applicant)
4. Zoning Map
5. Project Concept (Applicant)
6. Recommended Annexation Boundary
Moses Lake Council Packet 5-24-22, Page 39 of 45
Page 5 of 10
Options
Option Results
• Accept Notice of Intent to
Commence Annexation Proceedings
with modified boundaries are
recommended by staff
Analysis of the fiscal impacts of the
annexation will continue.
• Accept Notice of Intent to Commence
Annexation Proceedings as requested
by applicant
Analysis of the fiscal impacts of the
annexation will continue.
• Reject the proposed annexation. The annexation will not move forward to the
next step in the process.
Finance Committee Review N-A
Legal Review TBD
Action Requested
Recommended motion “I move to approve the recommended annexation boundary within
Exhibit 5 as proposed by staff for the proposed annexation area located in an
unincorporated area within the urban growth boundary, to require the adoption of the
proposed zoning regulations as it is set forth in the Comprehensive Plan of the City as
Residential 3, and to require the assumption of existing indebtedness of the City by the are
to be annexed.”
Alternative motion “I move to approve the annexation boundary proposed in the ten
percent (10%) Intent to Commence Annexation Notice within Exhibits 1, 2 and 3 for the
proposed annexation area located in an unincorporated area within the urban growth
boundary, to require the adoption of the proposed zoning regulations as it is set forth in the
Comprehensive Plan of the City as Residential 3, and to require the assumption of existing
indebtedness of the City by the are to be annexed.”
Moses Lake Council Packet 5-24-22, Page 40 of 45
Page 6 of 10
Moses Lake Council Packet 5-24-22, Page 41 of 45
Page 7 of 10
Exhibit 3
Legal Description (Applicant)
Beginning at the Northeast comer of said subdivision; thence Southerly along the East line of said
subdivision, a distance of 445 feet; thence Westerly parallel to the North line of said subdivision, a distance
of 515 feet to the True Point of Beginning; thence continuing Westerly parallel to the North fine of said
Southwest quarter of the Northwest quarter, a distance of 510 feet, more or less, to a point on the East
line of the USBR Drain, as shown on page 222-116-31616-38 of the Plat of Irrigation Block 40, Columbia
Basin Project; thence North 07°48' East, along the East line of said Drain, and the extended East line of said
drain, a distance of 450 feet, more or less, to the North line of said Southwest quarter of the Northwest
quarter, this point being hereby designated point "A". Beginning again at the True Point of Beginning;
thence Northerly parallel to the East line of said subdivision, a distance of 445 feet to the North line of said
subdivision; thence Westerly along the North line of said subdivision; thence Westerly along said North
line, a distance of 450 feet, more or less, to said point "A".
Moses Lake Council Packet 5-24-22, Page 42 of 45
Page 8 of 10
Exhibit 4
Zoning
Moses Lake Council Packet 5-24-22, Page 43 of 45
Page 9 of 10
Exhibit 5
Project Concept
Moses Lake Council Packet 5-24-22, Page 44 of 45
Page 10 of 10
Exhibit 6
Recommended Annexation Boundary
(bordered in red)
Moses Lake Council Packet 5-24-22, Page 45 of 45
Page 1 of 2
STAFF REPORT
To: Mayor and City Council
From: Allison Williams, City Manager
Date: May 18, 2022
Proceeding Type: Old Business
Subject: Contract Amendments with Perteet Consulting, Inc.
Legislative History: Financial Impact:
• First Presentation: December 22, 2020 Budgeted Amount: See Fiscal / Policy Description
• Current Presentation: May 24, 2022 Unbudgeted Amount: $36,913
• Action: Motion Total Cost: $36,913
Overview
In an effort to get the City’s transportation planning up to date with the overall Comprehensive
Plan, Perteet Consulting was hired as a part of the consulting team and they were tasked with
updating the Transportation element. As a result of the review of the scope of the update that
was needed it was clear there were specific needs that required additional study and Perteet was
contracted with through a supplement to do both the Mae Valley analysis and the Yonezawa
analysis. At the April 26th meeting, City Council authorized Amendment 3, to finish the Mae
Valley analysis and to add Admin Support in the form of Interim Municipal Services Director. The
staff report anticipated an Amendment 4 for Mae Valley Traffic Impact Fee Analysis and a
supplement to the Yonezawa contract to finish the ICE analysis and to prepare the 100% design
for a roundabout at Yonezawa and Highway 17.
For this meeting, staff is bringing forward Amendment #4 to carry out the Mae Valley Traffic
Impact Fee analysis. In compliance with the City’s updated purchasing policies, although this
contract amount is within the City Manager’s authority, the total contract with all amendments
exceeds the City Manager’s $100,000 delegated authority.
This contract amendment #4 will specifically carry out traffic impact analysis for Mae Valley in
order to determine an impact fee for needed transportation improvements to allow growth. The
scope of work and fee estimate follow.
Fiscal and Policy Implications
Since the initiation of this contract work in 2020, the Engineering Department has been short on
staff and this work has augmented the City’s ability to respond to the needed analysis and
Moses Lake Council Packet 5-24-22, Page 46 of 108
Page 2 of 2
understand city commitments required to support growth in Mae Valley. For overall transparency
purposes, staff provides this overview of the contract work to date:
• Original Perteet Contract authorized in December 2020 was $48,050.
• Amendment was added for WSDOT partnership ($10,000 cost share) to add 1-90 Vissim
increased contract from $48, 050 to $78,210
• Amendment 2 Extended the time to complete the work to June 30, 2022.
• Amendment 3 was authorized 4/24/22 to add $96,105.
• This amendment, Amendment 4, is for $36,913.
Staff would recommend that the City’s one time sales tax revenues be utilized to amend the
Engineering fund to support this analysis (Amendment 4).
Separately, the Yonezawa ICE analysis was authorized under a separate contract with Perteet
3/22/2021 for $19,290 and separately WSDOT contributed $3,300. Again this supplement will
come forward 6/14/2022.
Council Packet Attachments
A. Fourth Amendment to Perteet Contract
B. Scope of Work / Fee Schedule
Finance Committee Review N/A
Legal Review
Type of Document Title of Document Date Reviewed
Contract Amendment Fourth Amendment to the Consultant
Agreement with Perteet, Inc.
May 18, 2022
Options
Option Results
• Authorize amendment Staff will proceed with the work
• Provide staff with changes Staff would request changes
• Take no action Work would discontinue
Action Requested
Motion to authorize the Contract Amendment and additional Scope of Work with Perteet
Consulting, Inc.
Moses Lake Council Packet 5-24-22, Page 47 of 108
FOURTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF MOSES LAKE, WASHINGTON AND PERTEET, INC.
Preamble. This is the foruth amendment to the Consultant Services Agreement effective December 29, 2020, by and between Perteet,, Inc., a Washington corporation, and the City of Moses Lake, a municipal corporation (City), and this amendment is effective May 25, 2022.
I. Amendment.
A. Section I, Page 1 Original Contract, titled “Basic Services”, is amended to read: “The scope of work is for engineering and administrative services is amended to include
an additional scope of work and fee schedule to complete the Traffic Mitigation Fee
Development for the Mae Valley area to be initiated May 25, 2022. B. Article III – Obligations of the City, Section 3 “Remuneration: is changed to read:
1. For the professional services as described in this Amendment and as
defined in the associated Fee Worksheet, not to exceed $36, 913. II. All other terms and conditions of that December 29, 2020, Consultant Services Agreement remain unchanged.
IN WITNESS WHEREOF, Perteet Consulting, Inc., and the City of Moses Lake have hereunto set their hands and seals this _______ day of _____________, 2022.
CITY OF MOSES LAKE, WASHINGTON PERTEET, INC.
__________________________ __________________________
City Manager Crystal L. Donner, President
Moses Lake Council Packet 5-24-22, Page 48 of 108
STATE OF WASHINGTON
COUNTY OF GRANT
I certify that I know or have satisfactory evidence that Hal Rauch signed this instrument, on oath stated that he/she was authorized to execute the instrument as Governing Member for Coulee Playland, LLC, and acknowledged it to be the free and voluntary act of such party for the uses
and purposes mentioned in this instrument.
DATED: ____________________, 2021 ____________________________________ Notary Public for Oregon State
My commission expires________________
STATE OF WASHINGTON COUNTY OF GRANT
I certify that I know or have satisfactory evidence that Diane Kohout signed this instrument, on oath stated that he/she was authorized to execute the instrument as Mayor for the City of Moses Lake and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument.
DATED: ____________________, 2021. ____________________________________ Notary Public for Washington State My commission expires________________
APPROVED AS TO FORM:
__________________________________
Katherine Kenison, City Attorney
Moses Lake Council Packet 5-24-22, Page 49 of 108
•
•
•
•
Moses Lake Council Packet 5-24-22, Page 50 of 108
•
•
•
•
•
•
•
•
•
Moses Lake Council Packet 5-24-22, Page 51 of 108
•
•
•
▪
▪
▪
▪
▪
Moses Lake Council Packet 5-24-22, Page 52 of 108
•
•
•
•
•
•
Moses Lake Council Packet 5-24-22, Page 53 of 108
Project
Client
PM
Moses Lake Mae Valley TMF
City of Moses Lake
Christina Wollman
Contract Start Date
Contract End Date
Contract Duration:
5/9/2022
9/9/2022
4 Months
Last Update date
Perteet Project No.
5/2/2022
20220094.0000
Principal Sr.
Associate
Sr.
Associate
Sr. Engineer
/ Mgr
Engineer II Lead
Planner/Man
ager
Accountant Clerical Total
Hours
Labor Dollars
Task Billing Rate $265.00 $225.00 $225.00 $210.00 $135.00 $145.00 $105.00 $95.00
Project Management 1.00 4.00 8.00 4.00 17.00 $2,685.00
Total Project Management 1.00 0.00 0.00 4.00 0.00 8.00 4.00 0.00 17.00 $2,685.00
Agency Coordination 1.00 14.00 14.00 29.00 $5,195.00
Total Agency Coordination 0.00 1.00 0.00 14.00 0.00 14.00 0.00 0.00 29.00 $5,195.00
Traffic Mitigation Fee Analysis 6.00 26.00 66.00 12.00 2.00 112.00 $17,650.00
Total Traffic Mitigation Fee Analysis 0.00 0.00 6.00 26.00 66.00 12.00 0.00 2.00 112.00 $17,650.00
Fee Approval 2.00 12.00 6.00 12.00 34.00 2.00 68.00 $11,150.00
Total Fee Approval 0.00 2.00 12.00 6.00 12.00 34.00 0.00 2.00 68.00 $11,150.00
Expenses
Total Expenses 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00
Total Hours 1.00 3.00 18.00 50.00 78.00 68.00 4.00 4.00 226.00
Total Dollars $265.00 $675.00 $4,050.00 $10,500.00 $10,530.00 $9,860.00 $420.00 $380.00 $36,680.00
Expenses:
Mileage - $.585 233
Totals:233
SUMMARY
Labor $36,680.00
Expenses $233.00
Subconsultants $0.00
CONTRACT TOTAL $36,913.00
Page 1 of 2v7.6.771 (CWOLLMAN) - Moses Lake Council Packet 5-24-22, Page 54 of 108
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Richard Law, PE, City Engineer
Date: May 17, 2022
Proceeding Type: Consent Agenda
Subject: Award Signal Cabinet Replacement Project (GC2022-071)
Legislative History: Financial Impact:
• First Presentation: May 24, 2022 Budgeted Amount: $ 535,000
• Second Presentation: Unbudgeted Amount: $ 0
• Action: Motion Total Cost: $ 435,000
Overview
Streets Department identified a need to replace the out of date controllers that operate our traffic
signals throughout town. The City previously purchased the control cabinets and hardware to
upgrade these intersections through the existing State Contract. This project will install the
controllers and replace any needed wiring to make fully functional signals at 10 locations in town.
The project will also upgrade all the pedestrian pushbuttons and pedestrian signal heads to the
current ADA approved equipment.
Staff opened bids for the work on May 17, 2022. The City received three (3) bids for the project.
Northeast Electric, LLC submitted the low bid for the project in the amount of $435,000. The
Engineer’s Estimate was $535,000.
Northeast Electric, LLC has all of their licenses in place with the State and is judged to be a
responsible bidder. They are also a well respected installer. They provided 3 refrences of other
municipalities where they have done similar work. We reached out and there were no problems
reported. Northeast Electric, LLC has also replaced four signal cabinets in Moses Lake, along with
installing the new ballfield lights at Larson Field and Cascade Park. They have been very responsible
and completed their work in a timely manner.
Fiscal and Policy Implications
The Signal Cabinet Replacement Project would require planned and budgeted funds to be spent.
Council Packet Attachment
A. Signal Cabinet Replacement Project Bid Sheet
Moses Lake Council Packet 5-24-22, Page 55 of 108
Page 2 of 2
Finance Committee Review
N/A
Legal Review
N/A
Options
Option Results
• Award the Project Staff will notify the apparent low bidder that they
have been awarded the project.
• Take no action Staff will direct the apparent low bidder to await
further direction from City Council.
• Reject the Project Staff will notify bidders that all bids have been
rejected.
Action Requested
Staff recommends awarding the Signal Cabinet Replacement Project to Northeast Electric, LLC in the
amount of $435,000.
Moses Lake Council Packet 5-24-22, Page 56 of 108
PROJECT NAME: 2022 SIGNAL CABINET REPLACEMENTPROJECT NUMBER: GC2022-071Northeast Electric, LLC Neppel Elec & Controls. LLC Farmers Elec II, LLCSchedule A: Road ImprovementsENGINEER'S ESTIMATE Woodland, WAMoses Lake, WAOthello, WAAPPROX.ITEM ITEM DESCRIPTIONSECTION QUANTITYUNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT1 Mobilization 1-09 1 L.S. $50,000.00 $50,000.00 $43,000.00 $43,000.00 $25,000.00 $25,000.00 $51,000.00 $51,000.002 Traffic Control 1-10 1 L.S. $100,000.00 $100,000.00$74,000.00 $74,000.00 $40,000.00 $40,000.00 $112,200.00 $112,200.003 Reconstruct Traffic Signal System Grape & Central8-20 1 L.S. $40,000.00 $40,000.00 $41,000.00 $41,000.00 $48,925.00 $48,925.00 $45,000.00 $45,000.004 Reconstruct Traffic Signal System Five Corners8-20 1 L.S. $50,000.00 $50,000.00 $28,000.00 $28,000.00 $48,925.00 $48,925.00 $45,000.00 $45,000.005 Reconstruct Traffic Signal System Third & Pioneer8-20 1 L.S. $40,000.00 $40,000.00 $32,000.00 $32,000.00 $48,925.00 $48,925.00 $45,000.00 $45,000.006 Reconstruct Traffic Signal System Pioneer & Hill8-201 L.S. $40,000.00 $40,000.00 $27,000.00$27,000.00 $48,925.00 $48,925.00 $45,000.00 $45,000.007 Reconstruct Traffic Signal System Pioneer & Sharon8-20 1 L.S. $35,000.00 $35,000.00 $22,000.00 $22,000.00 $48,925.00 $48,925.00 $45,000.00 $45,000.008 Reconstruct Traffic Signal System Fourth & Division8-20 1 L.S. $35,000.00 $35,000.00 $35,000.00 $35,000.00 $48,925.00 $48,925.00 $45,000.00 $45,000.009 Reconstruct Traffic Signal System Fifth & Division8-20 1 L.S. $35,000.00 $35,000.00 $35,000.00 $35,000.00 $48,925.00 $48,925.00 $45,000.00 $45,000.0010 Reconstruct Traffic Signal System Third & Alder8-20 1 L.S. $35,000.00 $35,000.00 $26,000.00$26,000.00 $48,925.00 $48,925.00 $45,000.00 $45,000.0011 Reconstruct Traffic Signal System Third & Dogwood8-20 1 L.S. $50,000.00 $50,000.00 $22,000.00 $22,000.00 $48,925.00 $48,925.00 $45,000.00 $45,000.0012 Reconstruct Traffic Signal System Valley & Crestview/Airway 8-20 1$10,000.00 $10,000.00$8,000.00 $8,000.00 $29,000.00 $29,000.00 $45,000.00 $45,000.0013 Reconstruct Traffic Signal System Pioneer & Nelson8-20 1 L.S. $15,000.00 $15,000.00 $42,000.00 $42,000.00 $20,000.00 $20,000.00 $45,000.00 $45,000.00Subtotal Schedule A$535,000.00$435,000.00$554,325.00$658,200.00Sales Tax0.0%$0.00$0.00$0.00$0.00Total Schedule A$535,000.00$435,000.00$554,325.00$658,200.00Moses Lake Council Packet 5-24-22, Page 57 of 108
Page 1 of 3
STAFF REPORT
To:
From:
Date:
Proceeding Type:
Subject:
Allison Williams, City Manager
Richard Law, PE, City Engineer
May 18, 2022
New Business
Extra Territorial Agreement (ETA)
Valladares-Cavazos Residence Request for Water and Sewer
Service 6422 Road 3.3 North East (Parcel #121112601)
Legislative History: Financial Impact:
•First Presentation: May 24, 2022 Budgeted Amount: N/A
•Second Presentation: N/A Unbudgeted Amount: N/A
•Action: Motion Total Cost: N/A
Overview
Lucerito and Daniel Valladares Cavazos
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 500’ of the lake shoreline,
connection we would support the reduction of
septic system effluent making its way into the
lake.
Valladares Cavazos Residence 6422 Road 3.3 NE
Moses Lake Council Packet 5-24-22, Page 58 of 108
Page 2 of 3
Fiscal and Policy Implications
The City will receive sewer service fees for the residence long term.
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.
Valladares Cavazos Parcel 6422 Road 3.3 NE
Moses Lake Council Packet 5-24-22, Page 59 of 108
Page 3 of 3
Council Packet Attachments
A. Valladares Service Request Letter
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
#121112601 at 6422 Road 3.3 North East following the collection of a $500 application fee.
Moses Lake Council Packet 5-24-22, Page 60 of 108
RECORD AND RETURN TO Development Engineering City of Moses Lake P. O. Box 1579dddd Moses Lake, WA 98837
EXTRA TERRITORIAL UTILITY EXTENSION AGREEMENT Grantor: Daniel Valladares Cavazos Lucerito Valladares Cavazos
Grantee: The City of Moses Lake, WA Legal Desc. LOT 1 BLOCK 3 WESTSHORE ESTATES PLAT PHASE 1 Assessor’s Tax Parcel No. 121126016
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: LOT 1 BLOCK 3 WESTSHORE ESTATES PLAT PHASE 1
Moses Lake Council Packet 5-24-22, Page 61 of 108
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 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
Moses Lake Council Packet 5-24-22, Page 62 of 108
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. Dated: ____________________________________ Dated: _______________________________ By _______________________________________ By Daniel Valladares Cavazos Lucerito Valladares Cavazos
Moses Lake Council Packet 5-24-22, Page 63 of 108
State of Washington County of Grant I certify that I know or have satisfactory evidence that Daniel Valladares Cavazos 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 Lucerito Valladares Cavazos 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
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 _______________________
Approved by City Council 05-24-2022
Moses Lake Council Packet 5-24-22, Page 64 of 108
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 Daniel Cavazos Valladares Lucerito Cavazos Valladares
State of Washington County of Grant I certify that I know or have satisfactory evidence that Daniel Valladares Cavazos, 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 Lucerito Valladares Cavazos, 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 5-24-22, Page 65 of 108
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 Daniel Valladares Cavazos Date Lucerito Valladares Cavazos Date
State of Washington County of Grant I certify that I know or have satisfactory evidence that Daniel Valladares Cavazos, 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 Lucerito Valladares Cavazos, 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 5-24-22, Page 66 of 108
Moses Lake Council Packet 5-24-22, Page 67 of 108
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Madeline Prentice, Finance Director
Date: May 16, 2022
Proceeding Type: New Business
Subject: Utility Customer Grant Resolution 3900
Legislative History: Financial Impact:
• First Presentation: May 24, 2022 Budgeted Amount: N/A
• Second Presentation: Unbudgeted Amount: TBD
• Action: Motion Total Cost: TBD
Overview
On May 10, 2022, the City received notification that $100 million in federal grant funding is being
made available to cities to address low-income customer utility arrearages accrued as a result of
the COVID-19 pandemic. The grant program will be administered by the Department of Commerce
and cities wishing to participate in the program must opt in by May 27, 2022.
The City will be required to provide information on residential utility arrearages accrued from
March 1, 2020 through December 31, 2021. The Department of Commerce will provide an
estimate of dollars to be awarded based on information provided by cities who opt-in. The City
will submit a plan for how the dollars awarded will be distributed to customer accounts and all
funds received must be applied to customer accounts by December 31, 2022.
Staff are currently working to determine the number of customers and total amount of arrearages
accrued because of the COVID-19 pandemic and are requesting authorization to opt-in to the grant
program by the May 27th deadline.
Fiscal and Policy Implications
Residential customers with utility arrearages accrued because of the COVID-19 pandemic may be
eligible for assistance in clearing past due amounts using federal grant funds.
Council Packet Attachments
A. Utility Customer Assistance Program Information
B. Resolution Supporting Grant Application
Moses Lake Council Packet 5-24-22, Page 68 of 108
Page 2 of 2
Finance Committee Review
N/A
Legal Review
N/A
Options
Option Results
• Adopt as presented City Council authorizes staff to opt-in to the
federal grant program.
• Provide staff with changes
• Take no action The City will not be eligible to participate in the
Utility Customer Assistance Program.
Action Requested
Staff recommends adoption of resolution that authorizes City staff to opt-in to the Utility Customer
Assistance Program for grant funding from the Department of Commerce.
Moses Lake Council Packet 5-24-22, Page 69 of 108
Dear city managers/administrators, finance officers and clerks:
During the 2022 legislative session, AWC and other stakeholders worked to secure $100 million in
funding for customer utility arrearages accrued as a result of the COVID-19 pandemic. Both public and
private water, sewer, garbage, electric, and natural gas utilities are eligible to apply for customer
arrearage assistance funding (final proviso language can be found here on page 136). The program will
be administered by the Department of Commerce, who plan on launching the program this week. The
process for receiving the funds will be done in three steps.
Step 1: Cities wishing to participate will need to opt into the grant program by May 27. Commerce will
send out a link to a simple online form to collect the following information that allows you to opt in:
• Primary contact for the utility – the person who will manage the funds for the duration of the
grant.
• Residential arrearage totals as of March 31, 2022 (for arrearages accrued during the period of
March 1, 2020 through December 31, 2021).
• Whether or not data is available on the number of residents with arrearages who received
assistance from LIHEAP (low-income home energy assistance program), LIHWAP (low-income household
water assistance program), or ratepayer funded assistance programs.
Step 2: Sometime in June, Commerce will send city utilities that opted in a request for the utility's
service territory map. If your city utility does not have this available, Commerce will work with you.
Commerce will send each opted-in city an estimate of dollars to be awarded. The estimated amount will
be based on the following elements:
• Total amount of residential arrearages;
• Whether ratepayer assistance was leveraged by the utility;
• American community poverty data; and
• The health disparity map of the utility service area.
Step 3: Participating cities will need to submit a plan for how they will apply dollars to accounts.
Commerce will provide a form with a checklist of options to choose from, indicating how you plan to
distribute the funds (i.e. longest held arrearages will first be addressed, highest balances first, etc.). This
form will require you to report data on customers receiving the three types of assistance that make
them qualified for the funds, i.e. LIHEAP, LIHWAP, and other ratepayer assistance programs. We do not
yet know what will qualify for ratepayer assistance programs but will pass along information as soon as
we have it. You will also need to provide a state vendor number on this form. If you’re unsure if your city
has a vendor number, you can check here. If your city does not have a vendor number, you can create
one here.
All funds must be applied to customer accounts by December 31, 2022. Final reports on how funds were
utilized will be due to Commerce by March 1, 2023.
If you have questions, please contact Brandy DeLange at brandyd@awcnet.org.
Moses Lake Council Packet 5-24-22, Page 70 of 108
RESOLUTION 3900
A RESOLUTION OF THE CITY COUNCIL SUPPORTING THE APPLICATION OF THE CITY OF MOSES LAKE FOR FEDERAL FUNDING FOR THE UTILITY CUSTOMER ASSISTANCE PROGRAM
Recitals: 1. The City of Moses Lake accrued customer utility arrearages because of the COVID-19 pandemic.
2. Federal grant funds through the Department of Commerce are being made available for cities to help low-income customers with assistance in paying for utility arrearages. 3. The City of Moses Lake is required to “opt-in” to the federal grant program by May 27, 2022 to be eligible to participate in the program. Resolved:
1. The City Council does hereby endorse and approve the City of Moses Lake to apply for federal grant funding for the Utility Customer Assistance Program administered by the Department of Commerce.
ADOPTED by the City Council of the City of Moses Lake on this 24th day of May, 2022.
Dean Hankins, Mayor
ATTEST:
Debbie Burke, City Clerk
Moses Lake Council Packet 5-24-22, Page 71 of 108
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Shannon Springer, Human Resources Director
Date: May 5, 2022
Proceeding Type: New Business
Subject: AFSCME Collective Bargaining Unit Agreement
Legislative History: Financial Impact:
• First Presentation: May 24, 2022 Budgeted Amount:
• Second Presentation: Unbudgeted Amount:
• Action: Motion Total Cost:
Overview
The labor agreement between the City of Moses Lake and the Washington State Council of County
and City Employees AFSCME – AFL-CIO bargaining unit expired December 31, 2021. The parties were
able to work through a collective process and agree on a new three-year agreement.
Fiscal and Policy Implications
Wages:
2022
A new scale format will be implemented with existing employee being placed in the new scale format.
2023
The wages in effect on December 31, 2022, shall be increased by 100% of the (June-June) 12-month
change in the Consumer Price Index for all Consumer Price Index for Urban Wage Earners (CPI-U),
West Region. Minimum increase shall be 2%, maximum increase shall be 4%.
2024
The wages in effect on December 31, 2023, shall be increased by 3%. However, if the CPI-U for the
BLS West region exceeds 5% as measured from August 2022 to August 2023, the union may request a
reopener of the wage terms of the agreement for the sole purpose of discussing wages in contract
year 3.
Overtime language was updated to clarify that sick leave hours would not be counted toward
overtime.
Benefits:
1. Starting in contract year 2024, for employees who participate in the City’s Section 457
deferred compensation plan, the City will make up to a 2% match of the employee’s base
compensation (i.e., hourly wages, excluding overtime, longevity, etc.). Moses Lake Council Packet 5-24-22, Page 72 of 108
Page 2 of 2
2. Employees shall be entitled to an annual longevity payment based upon their City Seniority
as follows:
Years of City Seniority Annual Payment
6-9 years $600.00
10-14 years $1,200.00
15-19 years $1,800.00
20+ years $ 2,400.00
3. Holidays were added for Martin Luther King and Juneteenth added. Holiday pay was
clarified to be paid on a day for day basis according to shift.
4. Severance pay language was updated to require 5 or more years of continuous service to
qualify and specify the amount of pay to be one month.
5. The boot allowance was updated to $250 per year for steel or composite toe or $150 per
year for other work appropriate footwear or reconditioning with a one-year carryover.
6. Assorted language clean-up.
The impact of wages will be in-line with the City’s budget for Fiscal Year 2022.
Council Packet Attachment
A. Labor Agreement between City of Moses Lake and the Washington State Council of County
and City Employees AFSCME – AFL-CIO (January 1, 2022 – December 31, 2024)
Finance Committee Review
May 10, 2022
Legal Review N-A
Options
Option Results
• Authorize 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.
• Take no action Staff will explore legal remedies
Action Requested
Authorize the City Manager to sign the Collective Bargaining Agreement with the Washington State
Council of County and City Employees AFSCME – AFL-CIO.
Moses Lake Council Packet 5-24-22, Page 73 of 108
1
LABOR PROPOSAL 1
BETWEEN 2
CITY OF MOSES LAKE 3
AND 4
WASHINGTON STATE COUNCIL OF COUNTY 5
AND CITY EMPLOYEES 6
AFSCME - AFL-CIO 7
Local 3045 8
9
10
January 1, 2022 – December 31, 2024 11
12
13
Moses Lake Council Packet 5-24-22, Page 74 of 108
2
TABLE OF CONTENTS 14
15
ARTICLE 1 RECOGNITION AND UNION SECURITY 16
ARTICLE 2 UNION DUES DEDUCTION 17
ARTICLE 3 MAMAGEMENT RIGHTS 18
ARTICLE 4 PLEDGE AGAINST DISCRIMINATION AND COERCION 19
ARTICLE 5 HOURS OF WORK AND OVERTIME 20
ARTICLE 6 DISCIPLINE AND DISCHARGE 21
ARTICLE 7 GRIEVANCE PROCEDURE 22
ARTICLE 8 SENIORTY 23
ARTICLE 9 PROBATIONARY STATUS 24
ARTICLE 10 REDUCTIONS IN FORCE 25
ARTICLE 11 ABSENCE FROM DUTY 26
ARTICLE 12 WAGES 27
ARTICLE 13 MISCELLANEOUS BENEFITS 28
ARTICLE 14 VACANCIES 29
ARTICLE 15 GENERAL PROVISIONS 30
ARTICLE 16 NO STRIKE NO LOCKOUT 31
ARTICLE 17 SAVINGS CLAUSE 32
ARTICLE 18 TERM OF AGREEMENT 33
ARTICLE 19 SUPPLEMENTAL AGREEMENT 34
APPENDIX "A" PAY SCALES 35
36
Moses Lake Council Packet 5-24-22, Page 75 of 108
3
PREAMBLE 37
This Agreement is made and entered into by and between the City of Moses Lake, herein 38
referred to as the Employer, and the Washington State Council of County and City Employees 39
Council 2, AFSCME, Local 3045, herein referred to as the Union. The purpose of this Agreement 40
is to set forth the wages, hours of work and conditions of employment for the employees of the 41
Employer who are represented by the Union as set forth in Article 1 herein. 42
ARTICLE 1 - RECOGNITION AND UNION SECURITY 43
Section 1. Recognition. 44
The Employer hereby recognizes the Union as the exclusive bargaining agent for all full time and 45
part-time Building Maintenance, Sewer, Stormwater/Streets, Fleet Management and Water 46
Division employees, excluding supervisors, confidential employees, clerical employees and all 47
other employees. 48
The Union shall provide the City with a list of Union officials, representatives, union stewards, and 49
Chief Stewards along with their current phone numbers for contacting them. Should the list of 50
names or their phone numbers change then a revised list shall be provided to the City Human 51
Resources Department within five (5) working days of the change. 52
Section 2. Employees Covered. 53
The Employer agrees to advise Union in advance of the elimination of any classifications or the 54
creation of new classifications within the bargaining unit. The Employer agrees to negotiate with 55
the Union regarding the terms and conditions of employment of the affected employees prior to 56
taking either of the above listed personnel actions. 57
Section 3. Orientation of New Employees. 58
The Employer agrees to notify the Union Staff Representative and Local Union President in 59
writing of any new positions and new employees that are listed in Article 1 of this agreement 60
and represented by the AFSCME Council 2, Local 3045 bargaining unit. At least 2 full working 61
days prior to the orientation of the new employee, Employer shall provide an electronic format 62
list with the names of the employees, corresponding job title, and Department. A Union official 63
shall, at no loss of pay, be granted up to thirty minutes during the employee’s regular work 64
hours to provide each new employee a basic overview of the employees’ rights and 65
responsibilities regarding Union membership, dues authorizations, and Union insurance. 66
Section 4. Visits by Union Representatives. 67
A. Upon request by a duly authorized Staff Representative of the Union, they shall be 68
permitted to enter upon the Employer's premises at reasonable times for the purpose of 69
conducting Union business. The Union’s Staff Representative, if deemed necessary, may be 70
escorted by management. Provided, however, that no undue interference with the work of the 71
employees or the proper operation of the Employer will result in the interference of City business. 72
B. Local Union Officers or Stewards may investigate and process grievances during working 73
hours without loss of pay. They are to maintain the progress of work, obtain permission of their 74
immediate supervisor before leaving their place of work to investigate grievances or handle a 75
complaint. Officers and stewards shall be logged providing the name, date, and actual time spent 76
on matters listed in 5.1 and 5.2 of this Article shall be provided to Management. Union Officers 77
Moses Lake Council Packet 5-24-22, Page 76 of 108
4
shall use good judgement in deferring action or investigating disputes or complaints when the 78
progress of the work is critical. 79
C. Up to two (2) Union Officers designated by the Union will be allowed to perform Union 80
duties relevant to investigating grievances and complaints during work hours as long as the 81
normal work activity of their department is not interrupted, including meetings with management 82
where their presence is required. 83
D. The Union and the City shall conduct periodic labor/management meetings to discuss 84
ongoing business between the parties to address issues that may arise during the term of the 85
agreement and as an attempt to resolve disagreements that may occur. Up to three members of 86
management, the Human Resources Director and three members of the union, plus the Union 87
Staff Representative shall attend. 88
Section 5. Bulletin Boards. 89
The official Division bulletin boards presently provided for posting notices to employees in each 90
Division and/or section within said Division will be made available to the appropriate Union official 91
for the purpose of posting notices of Union meetings, results of elections and Union activities. 92
ARTICLE 2 - UNION DUES DEDUCTION 93
The Employer recognizes the WASHINGTON STATE COUNCIL OF COUNTY AND 94
CITY EMPLOYEES/AFSCME Council 2 and its affiliated local (hereafter Union) as the sole and 95
exclusive bargaining representative in all matters concerning wages, hours, and other 96
conditions of employment for all employees described in the recognition clause. The Employer 97
shall remain neutral when communicating with employees about Union membership and direct 98
the employee to discuss union membership with a union staff representative. 99
For current Union members and those who choose to join the Union, the Employer shall 100
deduct once each month all Union dues and fees uniformly levied and shall continue to do so for 101
such time and on conditions set forth in the authorization for payroll deduction regardless of the 102
employee’s continued membership in the Union. The Employer shall transfer amounts 103
deducted to Council 2. Authorizations for Payroll Deduction are valid whether executed in 104
writing or electronically. 105
The Employer shall provide an electronic copy of the Authorization for Payroll Deduction 106
and Representation via email to C2everett@council2.com within 10 days of the employee 107
executing the document. The Employer shall provide to the Union monthly a complete list of all 108
bargaining unit members that includes: Employee name, work address, home address, work 109
phone, personal phone, work email, personal email, birth date, hire date in current bargaining 110
unit, job classification, department, hours worked and monthly base wage. 111
The Employer shall honor the terms and conditions of each employee’s authorization for 112
payroll deduction. Whether an employee is a union member or not, the Employer shall continue 113
to deduct and remit Union dues and fees to the Union until such time as the Union notifies the 114
Employer that the dues authorization has been properly terminated in compliance with the terms 115
of the payroll deduction authorization executed by the employee. 116
Moses Lake Council Packet 5-24-22, Page 77 of 108
5
The Union shall indemnify the Employer and save the Employer harmless from any and 117
all claims against the Employer arising out of administration of this article so long as the 118
Employer complies with this article. 119
ARTICLE 3 - MANAGEMENT RIGHTS 120
Except as otherwise expressly and specifically limited by law, RCW 41.56 or other 121
policy, rule or regulation, or within this bargaining unit agreement, this Article prescribes the 122
rights and authority reserved to management for the purpose of continuing efficient and effective 123
operation of the City by its workforce. Such right and power shall not be exercised arbitrarily or 124
unfairly to any employee and shall not be exercised so as to violate any provision of this 125
contract. 126
Specific areas of responsibility must be reserved and vested exclusively to the 127
Employer/City if the public service mission of the City is to function effectively and efficiently. 128
Nothing outside of this contract or RCW 41.56 shall be construed to restrict, limit or impair the 129
rights, powers and authority of the City. The City reserves the rights, powers and authority 130
including, but not limited to, the following: 131
A. Direct the work of its employees; 132
B. Hire, promote, demote, transfer, assign, retain, layoff, and recall employees to work in 133
positions with the City of Moses Lake; 134
C. Discipline, reprimand, suspend, demote and/or discharge employees for just cause; 135
D. Maintain effectiveness, productivity and efficiency of governmental operations; 136
E. to make all changes, rules, policies, and practices; 137
F. Relieve employees from duties because of lack of work or other legitimate reasons; 138
G. Take actions as may be necessary to carry out the mission of the City in emergencies 139
as declared by the City Council or City Manager. 140
H. Determine the methods, means, and personnel by which operations are to be carried 141
on. 142
However, the provisions of this Article shall not be used for the purpose of undermining 143
the Union. 144
ARTICLE 4 - PLEDGE AGAINST DISCRIMINATION AND COERCION 145
The provisions of this Agreement shall be applied equally to all employees without 146
discrimination as to age, marital status, race, disability, gender, sexual orientation, color, creed, 147
national origin, or political affiliation. The Union shall share equally with Management the 148
responsibility for applying this provision of the Agreement. Management agrees not to interfere 149
with the rights of employees to become members of the Union, and there shall be no 150
discrimination, interference, restraint, or coercion by Management or any Management 151
representative against any employee of Union membership. The Union recognizes its 152
responsibility as bargaining agent and agrees to represent all employees within the bargaining 153
unit, without discrimination, interference, restraint, or coercion, whether or not they belong to the 154
Union. 155
Moses Lake Council Packet 5-24-22, Page 78 of 108
6
ARTICLE 5 - HOURS OF WORK AND OVERTIME 156
Section 1. Regular Hours. 157
The normal work week for full-time employees in the appropriate unit shall be forty (40) hours in 158
a regularly recurring period of one hundred sixty-eight (168) hours in the form of seven (7) 159
consecutive twenty-four (24) hour periods. The normal workday for full-time employees in the 160
appropriate unit shall be eight (8) consecutive hours within a twenty-four (24) hour period, in five 161
(5) consecutive days or ten (10) consecutive hours within a twenty-four (24) hour period in four 162
(4) consecutive days. Managers will have the authority to include 4/10 work shifts where they see 163
fit. All employees shall be assigned to a regular work shift and each work shift shall have a regular 164
starting and quitting time as assigned by management. 165
Section 2. Work Schedules. 166
A. Work schedules are defined as an employee's assigned hours, days of the week, days off 167
and shift rotations. All work schedules showing the employee's shifts, workdays, and hours shall 168
be posted on applicable divisional bulletin boards. The Employer shall provide at least thirty (30) 169
calendar days’ written notice to the Union and the affected employees prior to making permanent 170
changes in work schedules. The thirty (30) day requirement may be waived, with notice to the 171
Union, if mutually agreed to by affected employees and management. Employees will not be sent 172
home early for the purpose of avoiding overtime. Work schedules will not require the employee 173
to work split shifts or consecutive shifts, except in emergencies as stated below in Section 3. The 174
Employer shall have the right to temporarily deviate from the normal work schedule and notice of 175
such change shall be posted not less than ten (10) days in advance of the change, except in the 176
event of unforeseen circumstances, or emergencies or in accordance with section 1. 177
B. The normal workday for employees covered under this agreement shall be 7:30 a.m. to 178
4:00 p.m. Monday through Friday and/or as assigned for Saturday and Sunday work at the 179
Wastewater Treatment facilities. 180
C. Custodial staff hours are Monday through Friday 5 PM until 1:30 AM, and/or as scheduled 181
for Saturday and Sunday work as deemed necessary by the City. 182
D. Employees shall be entitled to a 30-minute unpaid, uninterrupted lunch break mid-shift 183
and 1–15-minute break to be taken midway between start of shift and lunch; and 1–15-minute 184
break to be taken midway between lunch and end of shift. 185
E. Managers may allow/assign earlier shifts due to extreme weather conditions. 186
Section 3. Emergencies. 187
When Management has determined that an emergency exists, the Union agrees that the 188
provisions of this Section may be temporarily suspended in order to control the situation which 189
has caused the emergency. Emergencies may include but not be limited to: Unscheduled 190
Personnel Shortages, Natural Disasters, and Terrorist Acts. 191
Section 4. Overtime. 192
Overtime - Overtime shall be paid at time and one-half (1 ½) times the employees’ rate of pay 193
Overtime shall be paid for all hours worked over 40 hours in a work week. The work week shall 194
begin on Monday 12:00 a.m. through Sunday at 11:59 p.m. All compensable hours shall be 195
Moses Lake Council Packet 5-24-22, Page 79 of 108
7
considered as time worked with the exception of paid sick time, which shall not count towards 196
overtime. There shall be no pyramiding of overtime. 197
ARTICLE 6 - DISCIPLINE & DISCHARGE 198
Section 1. Progressive Discipline. 199
The City reserves the right to, with just cause, discipline employees for violations of City and/or 200
departmental rules and regulations. All disciplinary and corrective actions shall be subject to the 201
provisions of the grievance procedure contained in this Agreement. When disciplinary action or 202
other corrective measures are warranted for just cause, they may include the following but may 203
not necessarily be initiated in this order depending on the seriousness of the infraction. The 204
progressive steps are: 205
First Offense - Memo of Record - Verbal Warning 206
Second Offense - Written Warning 207
Third Offense - Suspension 208
Fourth Offense -Termination 209
Section 2. Procedure. 210
The progressive disciplinary system listed above is intended to correct conduct problems and 211
resolve performance issues in the earliest stages. The steps of progressive discipline are intended 212
as a guideline for the application of discipline but the City may apply any level of discipline 213
commensurate with the conduct problem or performance issue. Whenever appropriate, 214
employees shall be referred to the Employee Assistance Program for assistance in dealing with 215
outside influences that are affecting their job performance. Compliance with City, Department and 216
Division rules are necessary for safe and efficient operations and to maintain sound relationships 217
with employees. 218
A. All disciplinary documents (to include notice of investigations, written notification of verbal 219
warnings and written reprimands) shall be initialed by the Employee prior to the documents being 220
placed in the Employees personnel file unless the employee refuses to do so in which case the 221
City representative shall mark on the document that the employee refused to initial. Additionally, 222
all disciplinary documents presented to the Employee shall be forwarded via email to the 223
Exclusive Bargaining Representative within two working days of the day they are issued to the 224
Employee. Nothing in this Section prevents the Employer from forwarding disciplinary documents 225
to the Exclusive Bargaining Representative prior to issuing them to the Employee. 226
B. Verbal and Written Warnings shall be removed from an employee's file on completion of 227
eighteen (18) months of continuous service free from additional disciplinary actions for violations 228
of a similar nature. An employee may file a written request with the Director of Human Resources 229
for the removal of all other disciplinary documents after two years (2) of continuous service free 230
from additional violations of a similar nature. The Director of Human Resources shall consider the 231
overall work record of the employee and the seriousness of the offense in any determination 232
relative to the removal of such disciplinary actions. In the event the employer determines the 233
disciplinary documentation is to be retained, the employee may on a yearly basis submit a request 234
for removal of said documentation. When the disciplinary documentation is removed from the 235
Moses Lake Council Packet 5-24-22, Page 80 of 108
8
personnel file it cannot be used for discipline in the future. The removal of all disciplinary actions 236
shall comply with all state and local retention law(s) in regards to the removal of said documents 237
from City files. All items removed from the employee's personnel file shall be given to the 238
employee. Union representatives may assist employees in this process, provided Management 239
retains the authority to remove items from an employee's personnel file without such request. 240
C. The City may place an employee on administrative leave with pay pending the outcome 241
of a city investigation or resolution of an appeal filed under the provisions of Article 7 of this 242
Agreement. 243
Section 3. Representation for Disciplinary Proceedings. 244
An employee may request and shall be permitted to have a representative from the Union present 245
if a bargaining unit member is to receive a corrective or disciplinary action or the member is to be 246
questioned about a matter and the member reasonably believes that such questioning may result 247
in a disciplinary or corrective action. 248
For the purpose of this Article, "Representative" shall mean a member in good standing in the 249
Bargaining Unit, an officially designated Union steward or AFSCME Staff Representative. Except 250
in an extreme emergency, Employees will be notified forty-eight (48) hours prior to any meeting 251
that may result in disciplinary or corrective action being taken or any time a member is to be 252
questioned for the purpose of disciplinary or corrective action. At the time of notification, the 253
employee will be informed of the nature of the meeting. Where an employee seeks Union 254
representation at the meeting, the employee is responsible for contacting a member in good 255
standing, a steward or Staff Representative. The employee may voluntarily choose to waive both 256
the forty-eight (48) hour wait time before the meeting and accompaniment by a Union 257
representative, but only after being advised of the right to each and signing a written 258
understanding that will be kept on file to that effect. 259
All disciplinary actions shall be administered as promptly as possible. The selection of a 260
representative will be at the discretion of the employee receiving the disciplinary action as long 261
as the representative will be available within 48 hours. If not, then the employee will be limited to 262
the most readily available member in good standing or steward. A union representative shall be 263
allowed to participate in the disciplinary process and will be in pay status only if the representative 264
is on duty and within his/her normal work hours. The City shall schedule all investigative or 265
disciplinary meetings at a time so as not to deny the employee representation and the employee 266
shall be considered in pay status for any and all such meetings called by the City. Nothing in this 267
Article shall prevent the parties from extending the 48 hour requirement upon mutual agreement. 268
ARTICLE 7 - GRIEVANCE PROCEDURE 269
Section 1. Definitions. 270
A. Grievance shall be defined as any matter(s) involving an alleged violation, 271
misinterpretation, or misapplication of this Agreement or of a traditional work practice. Such 272
matter(s) shall be exclusively resolved in accordance with the procedure herein provided. 273
B. Grievant shall be defined as the party filing the grievance. For purposes of this Agreement, 274
the party may be an aggrieved employee or Union acting on behalf of an aggrieved 275
employee/employees. 276
Moses Lake Council Packet 5-24-22, Page 81 of 108
9
C. Days shall be defined as working days commencing with the day following the filing of the 277
grievance. 278
D. Manager shall be defined as the individual responsible for the performance evaluation of 279
the employee. 280
Section 2. Employee Representation. 281
The Washington State Council of County and City Employees Council 2, AFSCME, Local 3045 282
shall be the exclusive representative of all the employees in the bargaining unit for the purposes 283
of the resolution of grievances. An employee may have a union steward present to represent 284
him/her at any step of the grievance process if the employee so desires, with the exception of a 285
suspension or discharge at which time the AFSCME Staff Representative shall also be present. 286
Section 3. Failure to Respond. 287
In the event the grieving party fails to respond within the prescribed time sequences, the matter 288
shall be considered resolved on the basis of management's last determination. In the event 289
management does not respond within prescribed time sequences, the grievant shall have the 290
right to proceed to the next step of the grievance procedure. The parties may, at any step of the 291
grievance procedure, agree to extend the time limitations specified in this article. Any request and 292
agreement to extend time limitations by either party shall be made in writing. E-mail requests and 293
agreements would also be considered sufficient. 294
Section 4. Grievance Forms. 295
Grievances shall be filed on a form to be provided by the Union. 296
Section 5. Procedure. 297
The City and the Union agree to the following exclusive procedure of presenting and adjusting 298
grievances and complaints, as defined above, which must be processed in accordance with the 299
following steps, time limits and conditions. 300
A. STEPS: 301
STEP 1: The aggrieved employee who believes that a violation, as set forth above, has 302
occurred shall first, within ten (10) working days of the incident giving rise to the 303
"grievance" or within ten (10) working days of first having knowledge of the incident, 304
shall present a written "grievance" to the employee's immediate manager. 305
306
STEP 2: In the event the grievant believes that the solution offered by his/her manager does 307
not resolve the "grievance," the grievant may, within ten (10) working days, present 308
the grievance in writing to the Public Works Director/Superintendent who after 309
accepting the grievance will sign and date the form, indicating receipt, and the 310
employee shall be given a copy of the signed and dated form unless sent via email, 311
in which case receipt shall be acknowledged electronically. The Public Works 312
Director/Superintendent shall have ten (10) working days to schedule an informal 313
hearing on the grievance. Within ten (10) working days of the hearing, the Public 314
Works Director/Superintendent shall prepare a written response and provide the 315
response to the grievant by hand delivering the response to the grievant or by placing 316
a copy in the U.S. Postal Service certified mail addressed to the grievant and 317
simultaneously providing an electronic copy to the Union. A failure to timely decide 318
Moses Lake Council Packet 5-24-22, Page 82 of 108
10
a matter shall be treated as a denial and entitle the grievant to move to the next step 319
of the grievance procedure. 320
STEP 3: In the event the grievant believes that the written response of the Public Works 321
Director/Superintendent Manager does not resolve the matter, the grievant may, 322
within ten (10) working days of receipt of the response, file his/her grievance with 323
the City Manager. The City Manager or her/his designee will sign and date the 324
grievance form, indicating receipt, and the employee shall be given a copy of the 325
signed and dated form unless sent via email, in which case receipt shall be 326
acknowledged electronically. The City Manager shall investigate, shall, unless 327
sustaining the grievance, conduct an informal hearing giving all parties an 328
opportunity to express their positions. If such a hearing is held, the City Manager 329
shall, within fifteen (15) working days of the hearing, deliver a written decision. A 330
failure to issue such a timely decision shall operate as a denial and shall entitle the 331
grievant to move to the next step in the grievance procedure. 332
STEP 4: In the event the grievant believes that the written response of the City Manager does 333
not resolve the matter, the union may within ten (10) working days send grievance 334
matter to the Union Grievance Committee to determine if the grievance will proceed 335
to Step 5 Arbitration. 336
STEP 5: The Notice of Intent to arbitrate shall be in writing and shall be filed with the City 337
Manager. 338
A. The Human Resources Manager shall, within ten (10) working days of receipt of the notice 339
of intent to arbitrate, request a roster of seven (7) arbitrators from the Public Employment 340
Relations Commission (PERC). The Human Resources Manager shall notify the Union of the 341
request. If the Union does not receive notice of the Human Resources Managers request, the 342
Union may request a roster of seven (7) arbitrators from the Public Employment Relations 343
Commission (PERC). The request shall state that the roster will consist of regional arbitrators. 344
The Arbitrator shall be selected by process of elimination from the panel of seven (7) Arbitrators 345
by the striking of names. 346
B. The costs associated with fees and expenses of the arbitrator shall be shared equally by 347
the parties. 348
C. The arbitrator shall conduct a hearing into the grievance at a time, place and date mutually 349
agreed on by the appropriate parties. In the event the parties cannot, within fifteen (15) working 350
days of the notification of the arbitrator, agree on a time, place and date for the hearing, the 351
arbitrator shall issue a notice of hearing listing the time, place and date for the hearing. 352
D. The arbitrator, after hearing all evidence and testimony, shall render a decision as 353
promptly as possible, and in any event within sixty (60) days from the date of presentation, if 354
possible. The Arbitrator shall have jurisdiction and authority only to interpret, apply or determine 355
compliance with the specific terms of the Agreement and shall not have jurisdiction to add to, 356
detract from, or alter in any way the provisions of this Agreement. Such order shall indicate 357
findings, conclusions and a resolution and shall grant the relief deemed appropriate by the 358
Moses Lake Council Packet 5-24-22, Page 83 of 108
11
arbitrator. Any decisions within the jurisdiction of the Arbitrator shall be final and binding upon the 359
parties. 360
Expedited Grievance Procedure. In the event of a termination, the grievant or the Union 361
may file the grievance directly with the City Manager. All arbitration procedures shall be 362
taken in accordance with the provisions of Step 5 of this Section. 363
Section 6. Investigation of Grievance(s). 364
No more than two employees of the City (the aggrieved employee(s) and/or the Union 365
representative(s) shall be granted on-duty time off, with pay to investigate grievances and to 366
facilitate conferences and discussions with City supervisors and/or administrators relating to the 367
resolution of a specific grievance. Said time shall be limited to two (2) hours per week for the two 368
(2) employees. 369
Section 7. Grievance Meetings. 370
All parties shall be afforded an equal opportunity to present facts or arguments pertaining to the 371
matter(s) under consideration in all meetings conducted under the auspices of this procedure. 372
ARTICLE 8 - SENIORITY 373
Section 1. Definition. 374
The City shall give full consideration to seniority in all matters relating to promotions, transfers, 375
demotions, reductions in force, layoffs, recall, vacations, and any other action so specified in this 376
Agreement. Seniority shall be applied according to the provisions of this Agreement. In the case 377
of promotions, seniority shall only be considered when the qualifications of competing employees 378
are equal. Qualifications are defined as; knowledge, skills, and abilities (KSA’s). Seniority shall 379
be defined in each of the following categories: 380
A. City Seniority: The total length of uninterrupted service following initial date of hire with the 381
City. 382
B. Division Seniority: The total length of uninterrupted service following the date of 383
assignment to the specific division where the employee is currently employed. 384
C. Classification Seniority: The total length of uninterrupted service following the date of 385
assignment to a specific job classification within a specific division of the City. Employees shall 386
accrue seniority for time spent on involuntary Military Leave or leave as a result of an on-the-job 387
injury or as provided elsewhere in this Agreement. 388
Section 2. Loss of Seniority. 389
An employee's seniority accumulation shall cease if the employee: 390
A. Is discharged for just cause (unless reversed through the grievance or other legal 391
procedure; 392
B. Retires; 393
C. Quits or resigns. 394
D. Is laid off. (Only for the period of Layoff if recalled) 395
Section 4. Seniority of an Initial Hire Probationary Employee. 396
Moses Lake Council Packet 5-24-22, Page 84 of 108
12
An initial probationary employee shall have no seniority until the completion of the probationary 397
period. On the successful completion of the initial probationary period the employee will accrue 398
seniority from the date of hire. 399
ARTICLE 9 - PROBATIONARY STATUS 400
Section 1. Purpose. 401
Probation is an integral part of the selection/screening process and shall be utilized for closely 402
observing the performance of the employee, for informing the employee of his/her ability to 403
perform the duties/tasks/responsibilities of the position and for replacing or reassigning an 404
employee whose performance does not meet the required performance standards. 405
Section 2. Initial Probation. 406
Initial probationary period shall mean the probationary period served by an employee on a new 407
hire with the City. The initial probationary period shall be twelve (12) months in duration, except 408
that such probationary period may be extended for up to a maximum of three (3) months at the 409
written request of a division and department head and obtaining the approval of the Director of 410
Human Resources and City Manager for performance related issues. In the event of a 411
probationary period extension, the Employer shall provide the Employee written documentation 412
outlining areas needing improvement, goals and outcomes expected. During the initial 413
probationary period the new hire shall not be permitted to bid on other positions outside of their 414
department/division until after their probation is completed. 415
Section 3. Interim Probationary Period. 416
Interim probation shall mean a probationary period for promotion, reassignment, voluntary 417
transfer, or demotion. The probationary period shall be up to twelve (12) and not less than six (6) 418
months in duration. During the interim probationary period employees shall retain all rights under 419
this agreement. 420
Section 4. Performance Evaluations During Initial and Interim Probationary Period. 421
Employees shall receive written notification at the midpoint of their initial or interim probation if 422
their performance is not satisfactory. The employee shall then be provided with a written 423
evaluation just prior to the completion of the overall evaluation period. The evaluation of 424
performance shall be based on standards established by the employee and City as those 425
standards relate to the major duties and responsibilities as listed on the position description. 426
Section 5. Removal During Probationary Period. 427
A. Initial: A department head with approval of the City Manager may remove an employee 428
from a position at any time and for any reason during the initial probationary period. An employee 429
failing to successfully complete his/her initial probationary period shall be considered to be 430
"terminated" for just cause and shall have no recourse to challenge the decision through the 431
grievance and arbitration process. 432
B. Promotion, Transfer, or Reallocation: An employee who does not successfully complete 433
an interim probationary period resulting from a promotion, voluntary transfer, or reallocation shall 434
be returned to their former position or the employee may be placed in a comparable position within 435
the division where they were formerly employed if such a vacant comparable position exists and 436
the employee meets the minimum qualifications of the position. The City shall provide written 437
reasons to the employee stating the basis for the failure of the employee to successfully complete 438
Moses Lake Council Packet 5-24-22, Page 85 of 108
13
the probationary period. The written reasons shall be provided to the employee at the time the 439
employee is notified of his/her failure to complete the probation. 440
C. Demotion: An employee who does not successfully complete an interim probationary 441
period resulting from a demotion may be terminated from City employment for just cause. 442
Section 6. Rights of Employee During Probationary Period. 443
The employee may not use the grievance procedure for failure to make initial probationary period. 444
ARTICLE 10 - REDUCTIONS IN FORCE 445
Section 1. Reduction in Force: Lay Off. 446
A. General. A Reduction in Force is defined as a reduction in the work force due to a shortage 447
of funds, lack of work, abolishment of a position, or other material change in duties or 448
organizational structure. All reductions in force shall be considered to be short term reductions 449
until the employee is returned to duty or all provisions of this Article are exhausted. The provisions 450
of this Article are intended to protect a benefit eligible employee's tenure and benefits. 451
B. Order of Separation. 452
1. Management shall first develop a reduction in force plan which outlines the area(s) 453
that will be impacted by the reduction in force and the number of positions that will 454
be impacted in each job classification in the designated operational area(s). The 455
area may be a department or division as determined by management. Order of 456
separation will be within the area designated to be impacted by the reduction in 457
force. 458
2. The order of lay-off for benefit-eligible employees will occur in the inverse order of 459
their seniority in the classification within the designated area(s). 460
3. An employee who has been laid off shall have his/her name entered on a recall list 461
at the time of lay-off and shall remain on the list for a period of three (3) years 462
unless the employee chooses to waive the right to recall. 463
C. Required Notice. 464
Employees who are to be laid off shall be given formal written notice at least thirty (30) days in 465
advance of the date of the layoff or at the option of the employer, they shall be given four (4) 466
weeks of salary in lieu of the required notice. The Union shall be given a copy of the layoff notice. 467
D. Layoff Options. 468
The City and the Union shall bargain alternatives to layoffs to any anticipated layoff of employees. 469
The City and the Union may then enter into an agreement to minimize the effect of general layoffs. 470
E. Bumping. Bumping may occur at the time the employer notifies an employee of his/her 471
pending lay-off. Bumping will only occur within the bargaining unit. An employee shall notify the 472
City within fourteen (14) days of receiving the lay-off notice of his/her desire to exercise bumping 473
rights. Bumping rights may be exercised by an employee or employees into: 474
1. A previously held position. 475
Moses Lake Council Packet 5-24-22, Page 86 of 108
14
2. Another position that he/she is qualified to perform the duties of; 476
3. A lower-level position if they have the seniority in that classification; 477
4. Any bumped employee shall also have the right to bump into any previously held 478
or lower-level position if they have the seniority and qualifications in that 479
classification. 480
5. In case of a tie in seniority total City of Moses Lake seniority years of service within 481
the City, Division and Classification shall prevail. Any challenges will be 482
adjudicated through the grievance procedure. 483
F. Recall. 484
1. An employee who has been laid off and whose name appears on the recall list 485
shall be given the first available vacancy in the same or similar position the 486
employee last held regardless of the department in which the vacancy exists. The 487
employee with the most City seniority in the classification to be recalled shall be 488
given the position in the event there are two or more employees on the recall list. 489
2. An employee's name may be removed from the recall eligibility list for any of the 490
following reasons: 491
a. Expiration. If the time limit for recall expires. 492
b. Waiver. An employee may elect to waive the right to recall by signing a 493
waiver form provided by the City. 494
c. Forfeiture. Employees forfeit the right to recall if they: 495
(1) Refuse a job in a position that is within the same pay grade of their 496
position at the time of lay off; 497
(2) Fail to notify the City of their intent to accept recall within five 498
working days (5) of work notice; 499
(3) Fail to answer written inquiries from the City's Department of 500
Human Resources; or; 501
(4) Fail to advise the City of a change of address and/or telephone 502
number within a reasonable period of time of the change. 503
G. Reinstatement 504
1. Wages. When an employee is recalled he/she shall be paid at the pay grade 505
assigned to the classification into which the position falls and at the step the 506
employee had attained at the time of lay-off plus any wage adjustments specific to 507
the bargaining unit agreement to which they would have been entitled had the lay-508
off not occurred. If recalled to a lower position, employees shall receive 509
compensation at the pay grade for the classification into which the position falls 510
and at the step which the employee had attained prior to the lay-off. 511
Moses Lake Council Packet 5-24-22, Page 87 of 108
15
2. Benefits 512
a. Vacation. When employees on lay-off are recalled within the time limits 513
provided in this Article, they will commence to accrue vacation at the same 514
level from the day of the lay off and shall be credited with any vacation time 515
not paid at the time of layoff. 516
b. Sick Leave. Any sick leave accumulated and not utilized at the time of lay 517
off will be reinstated at the time of recall. 518
c. Seniority. Employees shall be credited with seniority earned prior to the 519
layoff. 520
H. Employee Benefits During Lay Off 521
1. Vacation Time. An employee on lay off may elect to be paid for any vacation and/or 522
compensatory time which the employee accrued prior to the layoff, or the 523
employee may choose to "bank" his/her vacation and/or compensatory time until 524
the employee is recalled or the employee otherwise notifies the City of the decision 525
to receive pay for the accrued hours. An employee shall be paid for accrued 526
vacation and/or compensatory time at the base rate of pay of the employee at the 527
time of lay-off. Vacation time does not accrue during the separation. 528
2. Group Insurance. An employee who is laid off may elect to continue group 529
insurance for eighteen (18) months under the Consolidated Omnibus 530
Reconciliation Act (COBRA). Timely payment of premiums will be the responsibility 531
of the employee. 532
3. Other Benefits. Additional benefits (holiday, health coverage, retirement 533
contribution or other insurance) will neither accrue nor be paid while an employee 534
is laid off. 535
I. Grievance. 536
Lay off and demotions necessitated by the conditions listed in this Article shall not be 537
subject to grievance except to contest the order of separation among affected employees. 538
Section 2. Severance Pay. 539
A. General. The purpose of the severance pay is to provide temporary relief to employees 540
who have been laid off or to employees whose job has been eliminated through reallocation or 541
reorganization. Severance pay shall be paid as follows: 542
1. On a weekly basis following each week of lay-off until the employee has exhausted 543
the number of weeks of severance to which he/she is entitled pursuant to the 544
schedule in Paragraph B of this Section; or 545
2. An employee voluntarily waives the right to recall, as described in (F)(2b) 546
Moses Lake Council Packet 5-24-22, Page 88 of 108
16
B. Severance Pay. 547
1. Eligibility. Severance pay set forth herein is available only to employees who meet 548
all of the following eligibility requirements: 549
a. Employee's position has been eliminated pursuant to the provisions of this 550
Article, Section 1 or 2, and the employee has waived the right to recall; 551
b. Employee has been employed with the City for five or more continuous 552
years; 553
c. Employee is not continuing to work for the City in a position of equal or 554
greater job classification; and 555
d. Employee has executed an agreement and complete release of all claims 556
against the City. 557
2. Amount. 558
a. Eligible employees shall be eligible to receive one month’s severance pay. 559
ARTICLE 11 - ABSENCE FROM DUTY 560
Section 1 561
A. Sick Leave 562
1. Regular full-time employees shall accumulate sick leave pay at the rate of one (1) 563
workday (up to eight (8) hours) per completed calendar month of continuous 564
service. Regular part-time employees will accrue sick leave on a pro-rated basis, 565
but in no case shall not earn less than the amount of leave required under state 566
and/or local laws. Employees may accrue up to one thousand forty (1,040) hours 567
of earned but unused sick leave from one (1) calendar year to the next. 568
Accumulated sick leave pay shall be paid to the nearest quarter (0.25) hour, up to 569
the rate of eight (8) or ten (10) hours per day, depending on the employee's 570
scheduled work week, at the employee's appropriate hourly rate of pay for the 571
missed scheduled shift (i.e., eight (8) or ten (10) hours). 572
2. Sick leave may be utilized for the employee's own health condition or care of 573
dependents or family members in accordance with applicable state statutes. 574
Earned leave of any kind may be used if the employee is needed to care for a 575
child, spouse, parent, parent-in-law, legally registered domestic partner, or 576
grandparent who has a serious health condition or emergency health situation. 577
3. In the event of an accident that qualifies for payment under State Worker's 578
Compensation Industrial Insurance, accrued sick leave may be used at the 579
employee's option to pay the difference between the Worker's Compensation 580
payment and the employee's regular pay until accrued sick leave has been 581
exhausted or the employee returns to work, whichever occurs first. 582
4. Sick Leave shall not be charged against an employee on a regularly scheduled 583
day off. 584
Moses Lake Council Packet 5-24-22, Page 89 of 108
17
5. Notification and Verification - Sick leave notification must be made to the Employer 585
or designee as soon as practicable. The Employer may require that the employee, 586
after three (3) days of concurrent illness, furnish a physician's proof of illness. The 587
Employer's requirements for verification may not result in an unreasonable burden 588
or expense on the employee and may not exceed privacy or verification 589
requirements otherwise established by law. 590
6. Employees requesting to use sick leave for qualified protected leaves such as 591
Family Medical Leave Act (FMLA) absences or disability leave will provide Human 592
Resources advance written notice whenever possible. If the situation involves the 593
use of Family Medical Leave, the Employer will provide the appropriate forms to 594
the employee and will require that the employee's health care provider complete 595
them in order to verify Family Medical Leave eligibility. The health care provider 596
should provide the reason for the leave, the start date and the estimated end date 597
of the leave. If it is not possible for the employee to provide advance notice of the 598
need for leave the employee must notify Human Resources as soon as practicable. 599
7. Inter-departmental and Intra-departmental Transfer. An employee who is 600
transferred, promoted, demoted or otherwise reassigned shall be entitled to retain 601
accrued sick leave. 602
8. Sick Leave Payout: For employees hired after January 1, 2016, payout for regular 603
full-time employee’s retirement from service with the city, he or she shall be paid 604
for unused sick leave on the basis of one-third of total accumulated sick leave. 605
Unless provided by an employment agreement, terminations for any reason other 606
than retirement shall not result in payment for any unused sick leave to a maximum 607
of four hundred and eighty (480) hours. Full-time employees hired prior to January 608
1, 2016, the payout shall be as follows: 609
a. 30 or more years of continuous service - One hundred percent (100%) of 610
accumulated sick leave, to a maximum of four hundred and eighty (480) 611
hours. 612
b. 20 or more years of continuous service – seventy-five percent (75%) of 613
accumulated sick leave, to a maximum of four hundred and eighty (480) 614
hours. 615
c. 10 or more years of continuous service – fifty percent (50%) of accumulated 616
sick leave, to a maximum of four hundred and eighty (480) hours. 617
d. 5 or more years of continuous service – twenty-five percent (25%) of 618
accumulated sick leave, to a maximum of four hundred and eighty (480) 619
hours. 620
e. 0 through 5 years of continuous service – 10 percent (10%) of accumulated 621
sick leave, to a maximum of four hundred and eighty (480) hours. 622
9. The City will comply with all applicable state and federal laws regarding the use of 623
leave for illness or disability. 624
Moses Lake Council Packet 5-24-22, Page 90 of 108
18
10. The City will comply with all State and Federal Laws and Regulations regarding 625
the collection of sensitive medical information. The City reserves the right to collect 626
medical information for FMLA, fit for duty and potential disability issues to the 627
extent consistent with those laws and regulations. 628
11. Non-Medical Leave - In the event that the absence would not cause undue 629
disruption to the delivery of City services or otherwise be averse to the City’s best 630
interests, an unpaid leave of absence may be granted for a period not to exceed 631
ninety (90) calendar days. Such leave may be granted at the City’s sole discretion, 632
and may be used for personal or family situations after all other accrued leave has 633
been exhausted; provided, sick leave accruals may not be used for non-medical 634
leaves of absence. Reasons for non-medical leaves may include extended 635
vacation, education, training or childcare.; or other valid reasons as determined by 636
the Human Resources Director and approved by the City Manager. 637
Procedure for Requesting Non-Medical leave as described above. 638
a. Eligible employees may obtain a leave request form from the Human 639
Resources Department. 640
b. Leave request forms must be completed in full, signed by the employee, 641
obtain the required signed authorizations, and returned to the Human 642
Resources Department. 643
c. Leave request forms must be accompanied by a statement of the 644
anticipated length of the leave and a statement of the purpose for the leave. 645
d. All requests for a leave of absence without pay must receive approval by 646
the City Manager prior to the requested leave, provided however, that a 647
leave for emergency medical purposes must be made as soon as 648
practicable of the commencement of the leave. 649
e. Approval shall require the concurrence of the department head, the Human 650
Resources Director, and City Manager. 651
Section 2 652
A. Special Conditions. 653
1. A leave of absence without pay shall be required in all instances when an 654
employee is unavailable for work unless the employee utilizes accrued sick or 655
vacation leave, compensatory time, or a State of Washington sponsored leave 656
whichever is appropriate. 657
2. A inappropriate use of leave shall be considered as unauthorized leave and may 658
be subject to the appropriate disciplinary action. Absences without approval of 659
three (3) or more consecutive days where no communication with their supervisor 660
or department director regarding the reason for their absence has occurred, shall 661
be considered job abandonment and shall be considered a resignation, except in 662
cases of unforeseen medical emergencies or accidents. 663
Moses Lake Council Packet 5-24-22, Page 91 of 108
19
3. Any employee who is on a leave of absence without pay, over thirty days shall: 664
a. Pay all, (both employer and employee share), health and other insurance 665
premiums (provisions for a FMLA may vary); 666
b. Not have time spent on a leave credited toward retirement or for seniority 667
purposes; and 668
c. An employee in an unpaid leave of absence status will not accrue additional 669
sick leave, vacation time or holidays during the period of absence. 670
B. Return to Work. Employees shall return to work on the date and at the time specified in 671
the leave agreement. On completion of a leave of absence the employee shall be returned to the 672
position held immediately prior to the leave. Employees who fail to return to work on the date 673
specified without receiving an extension in advance may, as a forfeiture of their right to the 674
position, be subject to termination. 675
C. Thirty Day Grace Period. Seniority for purposes of salary, promotions, vacation accrual 676
rate, etc., shall not be affected for the first thirty (30) days of unpaid leave. Thereafter, the 677
employee’s anniversary date will be adjusted to reflect the period of leave without pay. 678
Section 3. Bereavement Leave. 679
A. With the department director's/manager’s and/or supervisor's approval, union personnel 680
may be granted up to three (3) days leave with pay to assist with funeral arrangements and attend 681
funeral services for immediate family members. When funeral attendance requires travel by 682
commercial air transportation due to the distant location of the funeral, the employee must make 683
a request and obtain approval for an extension of leave by the supervisor, the department 684
director/manager, and final approval by the City Manager. The request for an extension must 685
state the number of days needed and include the date of return to work. An employee must use 686
their leave accruals (vacation, sick, or compensatory time) for the extension. If the employee does 687
not have any leave accruals, he or she must request leave without pay. Bereavement leave is not 688
considered sick leave or vacation leave. 689
B. Leave with pay may be granted to City employees required to attend funerals as a matter 690
of protocol. Prior approval must be granted by the City Manager before leave may be taken. The 691
request for leave shall contain the names of all employees who are to attend, including their 692
expected period of absence. 693
C. Only full-time regular-status employees are eligible for bereavement leave. 694
D. An employee shall return to work on their next regularly scheduled workday following the 695
use of bereavement leave at the date agreed upon by the department head and the employee or 696
if the employee does not secure approval for the use of additional accrued leave, shall be placed 697
on unauthorized leave and shall be subject to all disciplinary actions associated therewith. 698
Section 4. Annual Leave. 699
A. Definitions. 700
1. Employee: For purposes of this provision, employees include all regular-status 701
and probationary employees. Probationary employees, in their original 702
Moses Lake Council Packet 5-24-22, Page 92 of 108
20
appointment with the City, accrue vacation during the probationary/trial service 703
period. Temporary employees generally are not eligible for paid vacation time (see 704
Temporary and Non-Benefit Employment Policy). 705
2. Calendar Year: For the purpose of this provision, a year shall be the 12-month 706
calendar period from January 1 through the last pay period in December. 707
3. Separation: For the purposes of this provision, a separation is the voluntary or 708
involuntary interruption in service of employment from the City where the employee 709
is in an unpaid status and the employer/employee relationship is severed. 710
4. Continuous Service: For the purpose of this provision, continuous service shall 711
mean the uninterrupted employment with the City. 712
B. Accrual Rate. Benefit-eligible employees shall earn vacation by pay periods according to 713
the following chart (prorated in relation to the average number of hours worked per week): 714
Table 5.1 715
1. Upon completion of the full year of service, annual leave allowance shall accrue 716
up to the maximum accrual cap according to table 5.1. Employees shall be allowed 717
to continue to accrue leave above the maximum accrual cap in a calendar year up 718
to eighty (80) hours; however, any excess hours above the cap must be used by 719
the second pay period in December of the same calendar year. Any hours unused 720
above the maximum accrual cap at that time will be forfeited. The 721
department/division shall in no way be obligated to grant vacation to those 722
employees who fail to schedule vacation throughout the year, and request it all in 723
December. 724
2. Annual vacation accrual will be prorated for regular-status, part-time employee 725
based on the number of hours worked. 726
3. Service credit for vacation accrual purposes shall be based upon the total length 727
of continuous service with the City. 728
4. Employees who are hired during the first half of the month (1st through the 15th) 729
will accrue vacation for that month. Employees who are hired in the second half of 730
the month (16th to the end of the month) will earn vacation accrual the following 731
month. 732
5. Employees who leave employment during the first half of the month (1st through 733
the 15th) will not accrue vacation for the month. Employees who leave employment 734
Year of Service Hours Per
Pay Period
Annual Hours
Earned
Days Earned
Annually
Maximum
Hours Cap
0 thru 5 3.70 96 12 192.4
6 thru 10 4.61 120 15 230.72
11 thru 15 5.53 144 18 287.56
16 thru 20 6.46 167 21 335.92
Over 20 7.38 192 24 383.76
Moses Lake Council Packet 5-24-22, Page 93 of 108
21
in the second half of the month (16th to the end of the month) will earn vacation 735
accrual for the month, provided they have not reached the maximum hours of 736
vacation accrual for their years of service as listed in Table 5.1. 737
6. While annual leave may be carried over from one year to the next, no employee 738
will be allowed to accumulate more hours than allowed for their years of service as 739
listed in Table 5.1. 740
7. At the time of a voluntary separation or retirement no employee shall receive a 741
cash amount in excess of the maximum accrual cap allowed to the employee in 742
Table 5.1. All hours accrued above the maximum cap shall be forfeited. The cash 743
value of the accrued vacation shall be equal to the hours in the employee’s 744
vacation balance, or the applicable limit, times their base hourly rate as it exists at 745
the time of separation. 746
8. Employees do not accrue vacation leave benefits during a leave without pay. 747
C. Procedures for Requesting Vacation Leave. 748
1. All vacation shall be mutually agreed upon between the employee and the 749
immediate Supervisor. The employee should make a written request to his/her 750
supervisor. The request needs to be submitted with as much notice as possible 751
and must be mutually agreed upon. The City is not obligated to grant vacation 752
requests when they are submitted but it will make every effort to grant the request 753
if doing such will not disrupt the operation or services of the division. 754
2. Vacation leave may be allowed in minimum one quarter-hour increments. 755
3. Approval of vacation requests shall be at the immediate supervisor’s discretion 756
based on division’s best interests and operational needs. Vacation request shall 757
not be unduly denied. 758
4. Once approval of vacation has been obtained, the employee should indicate the 759
approved vacation dates on his/her time sheet and attach the leave request form. 760
5. Directors/Managers are responsible for signing off on all leave requests for their 761
department. 762
D. Tracking of Vacation Hours. 763
Each employee shall be responsible for tracking his/her individual vacation accrual. The 764
individual accrual information may be obtained from the employee’s pay notice. Further 765
information may be obtained from supervisors or payroll if available. 766
Section 5. Holiday Leave. 767
The following holidays will be paid on a day for day basis according to the scheduled shift to all 768
regular-status City employees in a regular-pay status the day before and the day after the holiday. 769
Employees hired from January through June shall receive the 2 floating holidays for use that year. 770
Those hired from July through November shall receive one floating holiday for use that year. 771
Moses Lake Council Packet 5-24-22, Page 94 of 108
22
Part-time employees, scheduled to work less than forty (40) hours in the workweek, shall receive 772
holiday pay on a prorated basis, when a holiday falls on their normally scheduled workday. 773
Temporary and other non-benefit employees are not entitled to holiday benefits. 774
New Year's Day: 1st day of January 775
Martin Luther King Day 3rd Monday in January 776
President's Day: 3rd Monday in February 777
Memorial Day: Last Monday in May 778
Juneteenth: 19th day of June 779
Independence Day: 4th day of July 780
Labor Day: 1st Monday in September 781
Veteran's Day: 11th day of November 782
Thanksgiving Day: 4th Thursday in November 783
Day after Thanksgiving: Day immediately following Thanksgiving 784
Christmas Day: 25th day of December 785
Floating Holiday(s): 2 paid holidays per calendar year 786
In addition to the above listed holidays, regular full-time employees are eligible for two floating 787
holidays to be mutually agreed upon, and any other day that is proclaimed a legal holiday by the 788
Governor of the State of Washington, or holiday time off granted to the City Council. Employees 789
who are scheduled to work on a holiday granted by the City shall be entitled to receive such 790
approved time off with pay; provided, however, if they are required to continue working during a 791
period for which the City have granted a general holiday, they shall be entitled to receive two 792
times (2X) their regular rate of pay for such time period worked. Regular full-time employees 793
required to work on a holiday shall receive holiday pay eight (8) hours or ten (10) hours, or, 794
depending on their assigned schedule - at the employee's regular hourly rate, plus one and one-795
half (1 1/2) times the regular straight time rate for all hours actually worked on the holiday. 796
Compensatory time of twelve (12) hours, for an eight (8) hour day, or fifteen (15) hours in a ten 797
(10) hour day, may be granted in lieu of overtime pay. The City cannot change an employee’s 798
work schedule to avoid holiday pay. Employees shall not be required to remain at work longer 799
than required to complete the needed work. As deemed necessary by the City, all departments 800
shall have two (2) employees from their assigned department on duty for safety reasons as 801
necessary. 802
When the holiday falls on regular full-time employee’s day off, the employee shall be entitled to 803
the preceding or following day off. On a four-ten (4/10) work shift when the holiday falls on the 804
second or third day off, the employee will be entitled to the following day off or another day agreed 805
to by the supervisor and the employee, which day must be taken within ninety (90) calendar days 806
provided, however, that such day off must be taken within the budget year in which the holiday 807
falls. Holidays occurring at the beginning, during or at the end of a period of leave with pay are 808
not charged as leave. 809
Religious Holiday. Under Washington law all employees are entitled to up to two unpaid holidays 810
per calendar year for “a reason of faith or conscience or an organized activity conducted under 811
the auspices of a religious denomination, church, or religious holiday.” Partial days off will count 812
as a full day toward your yearly allotment. 813
Moses Lake Council Packet 5-24-22, Page 95 of 108
23
The two unpaid holidays allowed by this section must be taken during the calendar year, if at all; 814
they do not carry over from one year to the next. 815
If you seek to take an unpaid day off under this law, you must submit a Request for Leave of 816
Absence form to your Department Director, at least two weeks in advance. The form must include: 817
the date you are requesting off listed on the “other” row, you must also include a sufficient 818
description of the reason for the leave in the box provided, so that your Department Director can 819
determine if it is an allowable request. 820
Section 6. Jury Duty. 821
A leave of absence shall be granted to those regular-status employees who are called for jury 822
duty or those compelled to attend court for any work-related reason. Those employees who are 823
subpoenaed as witnesses for cases in which they are not a party in the action will also be granted 824
a leave of absence. 825
Eligible employees will be compensated by the City of Moses Lake during their period of jury 826
service, or when appearing at the direction of the City. In this case, all funds received by the 827
Employee, either being a witness or being a juror shall be remitted to the City. Mileage payments 828
paid by the court for use of a personal vehicle are exempt from the refund requirements. 829
Employees who are required to appear in court for personal matters are not eligible for jury duty 830
as paid time away from work and must request vacation or compensatory time. If vacation or 831
compensatory time is not available or the employee does not have sufficient hours, then leave 832
without pay must be requested prior to the scheduled court appearance. 833
Employees are expected to return to work during lapses or recesses in court appearances that 834
are greater than four (4) hours unless specifically informed by their supervisor that they need not 835
return to work during this time. 836
ARTICLE 12 – Wages 837
Section 1. Wages. 838
A. The wages in contained on the wages scale attached hereto (Appendix A) shall be in effect 839
for contract year 2022. 840
B. For contract year 2023, the wages in effect on December 31, 2022 (Appendix A) shall be 841
increased by 100% of the (June-June) 12-month change in the Consumer Price Index for all 842
Consumer Price Index for Urban Wage Earners (CPI-U), West Region. Minimum increase shall 843
be 2%, maximum increase shall be 4% 844
C. For contract year 2024 the wages in effect on December 31, 2023 (Appendix A) shall be 845
increased by 3% however If the CPI-U for the BLS West region exceeds 5% as measured from 846
August 2022 to August 2023, the union may request a reopener of the wage terms of the 847
agreement for the sole purpose of discussing wages in contract year three. 848
D. Starting in contract year 2024, for employees who participate in the City’s Section 457 849
deferred compensation plan, the City will make up to a 2% match of the employee’s base 850
compensation (i.e. hourly wages, excluding overtime, longevity, etc.). 851
Moses Lake Council Packet 5-24-22, Page 96 of 108
24
Wage Scale Progression – Employees shall be placed on the attached wage scale (Appendix A) 852
receiving one step annually on January 1, until reaching the top of the range. The initial 853
placement for existing employees in 2022 shall be as set forth in the spreadsheet attached as 854
Exhibit B. as set forth in the spreadsheet attached as Appendix B. 855
Section 2. Longevity 856
Employees shall be entitled to an annual longevity payment based upon their City Seniority as 857
follows: 858
Years of City Seniority Annual Payment
6-9 years $600.00
10-14 years $1,200.00
15-19 years $1,800.00
20+ years $ 2,400.00
Any longevity payment shall be paid in regular installments each pay period throughout the year 859
in which it is due. 860
Section 3. Pay Rates. 861
A. Overtime - Overtime shall be compensated at time and one-half (1 ½) times the 862
employees’ rate of pay for all hours worked in excess of 40 hours in the work week as prescribed 863
by the FLSA. The work week shall begin on Monday 12:00 a.m. through Sunday at 11:59 p.m. All 864
compensable hours shall be considered as time worked with the exception of paid sick time which 865
shall not count towards overtime. There shall be no pyramiding of overtime. 866
B. Compensatory Time - Employees may elect to receive compensatory time at the 867
applicable overtime rate for any overtime hours worked. Employees may carry a maximum of 868
eighty (80) hours of compensatory time over from year to year. Compensatory time above eighty 869
(80) hours must be used or converted to wages by the first payday in December. The conversion 870
to wages is limited to 40 hours. The decision to take compensatory time off is that of the employee, 871
with the approval of the supervisor. 872
C. Standby Time- Standby is defined as a period of time, outside of an employee’s regular 873
scheduled duty time, when the employee is officially notified of the possible recall to work. Standby 874
time shall be paid at the rate of one and one-half (1.5) hours per day plus an additional forty-five 875
($45.00) per day for Saturday and Sunday. Standby shall be the period of time an employee is 876
either required to stand by at a given location for a specific time period or “be available” for calls 877
during non-scheduled work hours ready to respond to duty. Employee’s activities will be severely 878
restricted. All departments shall have two (2) employees on duty for safety reasons as necessary. 879
Employees shall be allowed to either trade of give away on-call shifts as necessary for 880
maintenance of work life balance however the employee’s manager must be notified in advance 881
and approve of the trade. 882
D. Distribution of Overtime - It is intended that overtime be distributed reasonably and equally 883
between employees in each classification consistent with considerations of qualifications, 884
availability, and location. 885
E. Call Out Pay - Any employee called back to work outside his/her regular shift shall receive 886
a minimum of two (2) hours pay at the overtime rate for such call out to work. Employees shall 887
Moses Lake Council Packet 5-24-22, Page 97 of 108
25
not be called out on equipment or utilities that they are not qualified to operate or repair. The call-888
out pay shall be compensated from the time of the call until the employee returns to their previous 889
location. 890
F. Pay Rate Upon Promotion - An employee who is promoted into a higher classification 891
within the bargaining unit shall be paid at the nearest step in the pay range of the new 892
classification that represents a pay increase. 893
G. Pay Rate Upon Transfer – An employee who transfers from one position to another within 894
the same class or from one position in a different class that has the same pay range shall continue 895
to receive the same rate of pay as before the transfer. 896
H. Out of Class Pay – Employees who temporarily works at a higher-level classification shall 897
be paid at step A of the higher grade with a minimum of five percent (5%) above the employees’ 898
current rate of pay. Employees must work a minimum of three (3) consecutive full-time regularly 899
scheduled work days in the higher classification performing a majority of duties to receive out-of-900
class pay. If the employee works more than the three (3) days he/she shall be paid retroactive to 901
the beginning of day one (1). 902
I. Pay Day - The pay day shall be every two (2) weeks or twenty-six pay periods per year 903
on Friday. 904
Section 4. Travel Expense and Compensation. 905
A. Mileage reimbursement for travel which are lawfully incurred shall be reimbursed in 906
accordance with the Washington State Office of Financial Management reimbursement rate chart 907
(to be referenced for each individual year of this agreement) if an employee must use and has 908
been provided written authorization by management to use their private vehicle for City related 909
business. All employees travel time during the employee’s regular work hours to training or any 910
other City business shall be considered as time worked. The City shall attempt to schedule all 911
training on regular workdays during regular work hours unless it’s only available on weekends. 912
When weekend training is necessary it shall be considered as overtime for hours worked above 913
the forty (40) hours in the work week or upon agreement between employee and the supervisor, 914
the employee may take another day off at the employee’s choice within the pay period. The 915
supervisor and the employee may agree otherwise on a case by basis. 916
B. Receipts. Expenses pre-authorized by management such as hotel, auto rental, air travel, 917
etc. that are incurred for attending conferences or training must be supported by receipts either 918
before or upon return from said trip. 919
C. Family Members. Whenever an employee travels with members of their families, the 920
reimbursable lodging rate shall be the single room rate. Any additional room charges above 921
normal room charges will be the employee’s responsibility. 922
D. Training Reimbursement - Reimbursement shall be available for all required trainings and 923
classes. The City shall pay the cost for all required training, continuing education units, and 924
expenses to maintain classifications. 925
Moses Lake Council Packet 5-24-22, Page 98 of 108
26
Section 5. Classification/Pay Grades/Unit Placement. 926
A. Establishment of New Job Classifications. The City and the Union herein agree that the 927
City may, from time to time, establish new job classifications consisting of duties similar to those 928
currently being performed by bargaining unit members or create a new level of classification within 929
an existing classification which is currently placed within the appropriate bargaining unit. In such 930
case the City shall give the Union notice within 30 days of the date of the City’s decision to create 931
the new position. 932
ARTICLE 13 - Miscellaneous Benefits 933
Section 1. Clothing and Protective Equipment. 934
All required protective clothing and equipment shall be furnished to the employee by the 935
Employer. It shall be the responsibility of the employee to have their protective equipment with 936
them prior to leaving to the jobsite. The employee will not proceed until he/she is adequately 937
outfitted. Where required and authorized, protective equipment will be furnished by the city and 938
worn by the employee. Additionally, the city agrees to furnish the following: 939
1. Footwear. 940
A. Boot Allowance. Employees shall be eligible for a $250 per year for boot 941
allowance for boots with either a steel or composite toe or $150 per year 942
for other work appropriate footwear/the reconditioning of an existing boot. 943
A one year carry over of the allowance may occur at the employee’s option. 944
The employee must provide receipt(s). 945
2. Protective Clothing. The Employer shall furnish other types of protective equipment 946
such as but not limited to: gloves, goggles, face shields, hard hats, respirators, rain 947
gear, retroreflective vests, earplugs, and other such items as needed to protect the 948
employee's well-being when required for the job. 949
Section 2. Insurance Benefits. 950
The City will provide medical, dental, and vision insurance for each employee who received 951
compensation for eighty (80) hours or more in the previous month and for their qualified 952
dependents. The City will provide medical insurance with coverage AWC HealthFirst 250, Delta 953
Dental Plan E, and Vision Insurance with Vision Services Plan (VSP). The employees will 954
contribute fifteen percent (15%) of the medical premium for the spouse and dependents, and ten 955
percent (10%) of the dental premium for employee, spouse, and dependents. 956
ARTICLE 14-VACANCIES 957
Section 1. Filling of Vacancies. 958
A. Notice of bargaining unit vacancies shall be posted on bulletin boards in every division for 959
a period of at least seven (7) working days and such jobs will not be filled until the seven working 960
days (7) days have expired. Such notice shall state the division, position, classification, shift, work 961
location, assignments, minimum qualifications, and pay rate for the job. Vacancies within the 962
bargaining unit shall be filled by promotion whenever possible; provided however that demotions 963
and lateral transfer within the bargaining unit shall take precedent over promotions. 964
Moses Lake Council Packet 5-24-22, Page 99 of 108
27
B. Any qualified non-probationary bargaining unit employee may apply for a vacancy within 965
the bargaining unit. Qualifications and seniority will be used in determining which employee will 966
be selected to fill a vacant position. Determinations as to the qualifications shall be reasonably 967
determined by management. The selection may be based on the following: 968
Employee possesses the physical and other qualifications to perform the essential position 969
responsibilities with or without reasonable accommodations. 970
Employee does not have written level or above discipline for availability for work issues. 971
C. The position shall be awarded to the most qualified employee. When two or more 972
employees possess substantially equal qualifications, departmental seniority shall determine 973
which employee is selected for the vacancy. City seniority shall be used in the event the 974
employees have equal departmental seniority. Hiring from outside the bargaining unit shall occur 975
only when it is determined that no qualified/interested applicants exist within the bargaining unit. 976
Section 2. Promotions. 977
A. For the purposes of this section, promotion shall be defined as the advancement of an 978
employee from their current position in a classification to a vacated or newly created position in 979
another classification with a higher pay grade. All benefit eligible (non-probationary) employees 980
shall be eligible for promotions to a higher classification for which they are qualified. An employee 981
who is working under a Performance Improvement Plan or is at the suspension level of discipline 982
shall not be eligible to apply for a promotion. 983
Section 3. Demotions. 984
A. Voluntary 985
1. In the event an employee is unable to perform the work assigned to their current 986
classification because of injuries or physical limitations, but are able to do the work 987
of a lower rated classification, and provided that reasonable accommodations 988
cannot be made for the employee; 989
2. In the event an employee requests reassignment to an available vacancy, if not 990
inconsistent with the contractual rights of another employee and when approved 991
by the City. 992
ARTICLE 15 - GENERAL PROVISIONS 993
Section 1. Commercial Driver’s License (CDL). 994
A. It is important to take steps necessary to ensure that its employees perform their duties and 995
responsibilities free of the influence of drugs, alcohol, and other controlled substances. Employees 996
are encouraged to seek confidential counseling on problems associated with alcohol and drug abuse 997
through the Employee Assistance Program. There will be mandatory drug and alcohol testing for 998
employees and job applicants under the circumstances outlined in this provision. 999
B. The purpose of this provision is to establish compliance with state and federal laws requiring 1000
drug and alcohol testing for Commercial Driver's License holders. Regulations issued by the United 1001
States Department of Transportation mandate urine drug and evidential breath alcohol testing for 1002
employees in safety-sensitive positions, including those who are required to hold a Commercial 1003
Driver's License. This provision sets forth requirements of the City of Moses Lake alcohol and drug 1004
Moses Lake Council Packet 5-24-22, Page 100 of 108
28
testing program and the testing and reporting requirements as required by those state and federal 1005
regulations in which the Union and City agree to abide by and uphold. (Reference: RCW 46.25, CFR 1006
Part 40 Title 49, HR 2.31, et al.) 1007
C. Confidential and Record Retention. All records related to drug and alcohol testing will be 1008
maintained in a secure location with controlled access. These records will be kept separate from 1009
records pertaining to all other employees. 1010
D. Random Testing. Employees covered by this provision will be subject to random, 1011
unannounced alcohol and drug testing. 1012
E. Reasonable Suspicion Testing. Employees subject to this provision shall submit to a drug 1013
and/or alcohol test when the City reasonably suspects that this provision (except the prohibitions 1014
against possession, transfer or sale of alcohol) may have been or is presently being violated. A 1015
referral for testing will be based on contemporaneous, articulable observations (specific, current 1016
observations concerning appearance, behavior, speech and/or body odors of the employee). Such 1017
referrals will be made by supervisory personnel who have received training concerning the signs and 1018
symptoms of drug and alcohol use. The employee shall be entitled to Union representation prior to 1019
be tested. 1020
F. Refusal to Take an Alcohol or Drug Test. No employee shall refuse to submit to an alcohol 1021
or drug test as directed under this provision. A refusal to submit shall include, but is not limited to: 1022
a. A failure to provide adequate breath for testing without a valid medical explanation 1023
after the employee has received notice of the requirement for breath testing in 1024
accordance with the procedure’s manual; 1025
b. failure to provide adequate urine for drug testing without a valid medical 1026
explanation after the employee has received notice of the requirement for urine 1027
testing in accordance with the procedure’s manual; 1028
c. engaging in conduct that obstructs the testing process. 1029
Refusal to submit to a test shall be considered the same as a positive test result. 1030
G. Positive Drug Test. An employee may not report for duty or remain on duty requiring the 1031
performance of duties covered under this provision if the employee tests positive for a controlled 1032
substance or alcohol. 1033
H. Follow-up Testing. An employee who is referred for assistance related to alcohol misuse 1034
and/or use of drugs is subject to unannounced follow-up testing for a period not to exceed 60 months 1035
as directed by a Substance Abuse Professional and the City. The number and frequency of follow-1036
up testing will be determined by the Substance Abuse Professional (SAP) and the City, but will not 1037
be less than six tests in the first 12 months following the employee's return to driving duty. The 1038
employee must also comply and remain in compliance with any and all SAP 1039
prescribed/recommended rehabilitation and/or treatment programs. 1040
I. Post-Accident Testing. Following an accident involving a commercial vehicle, the driver is 1041
required to submit to alcohol and drug tests when the driver receives a citation under state or local 1042
law for a moving traffic violation, or where a fatality occurs as a result of the accident. Testing should 1043
Moses Lake Council Packet 5-24-22, Page 101 of 108
29
occur as soon as possible, but may not exceed eight hours after the accident for alcohol testing and 1044
32 hours after the accident for drug testing. 1045
A driver who is subject to post-accident testing must remain readily available for such testing and 1046
may not take any action to interfere with testing or the results of testing. Drivers who do not comply 1047
with post-accident testing requirements will be considered to have refused to submit to testing and 1048
will be subject to sanctions for refusal to test. 1049
Refusal to Submit a Required Post-Accident Test. An employee may not refuse to submit to a post-1050
accident, random, reasonable suspicion, or follow-up alcohol or drug test as directed by this 1051
provision. Failure to do so shall be considered the same as a positive test result. 1052
Section 2. CDL Expenses and Training. 1053
A. CDL Reimbursement’s. The City will pay for all CDL training, certification, and driver’s 1054
license renewal costs. The City will also provide paid time for employees to attend training 1055
sessions for the safe operation of CDL vehicles. The City will reimburse the cost for all required 1056
CDL physicals which must be performed by a DOT certified doctor. The employee will provide a 1057
receipt for reimbursement. Section 2 of this provision shall not apply to employees that have lost 1058
their CDL through non-compliance with state and federal laws requiring drug and alcohol testing for 1059
Commercial Driver's License holders. 1060
B. Disqualifying Medical Conditions. If an employee has a medical condition 1061
(e.g., sleep apnea) rendering him/her unfit to hold a CDL, the City will proceed with the reasonable 1062
accommodation analysis as required by state and federal law. As part of this analysis, an 1063
employee may be required to seek medical treatment and follow the guidance of a medical 1064
professional. The use of medical marijuana does not count as a qualifying medical condition. 1065
C. CDL Suspensions. Employees who have their CDL suspended due to a driving infraction 1066
will be evaluated on a case-by-case basis. Under normal circumstances, employees will be given 1067
one (1) year to reinstate their CDL, so long as the City is able to accommodate the employee with 1068
available alternative duties. Failure to comply with the prescribed time period shall be cause for 1069
termination. Nothing in this section prevents the City from taking disciplinary action against an 1070
employee for a CDL suspension if supported by “just cause,” in accordance with the discipline 1071
article of this Agreement. If an employee required to hold a CDL as a minimum job qualification 1072
is rendered permanently unfit to hold a CDL based on a medical condition substantiated to the 1073
City, the City agrees to accommodate the employee without demotion or reduction in pay, 1074
provided however, that the City other employees to perform the CDL work. 1075
Section 3. Personnel Records. 1076
A. Definition. The term personnel record, as used in this Article, shall mean the records 1077
and/or files related to an employee's job with the City, which are maintained in the official 1078
personnel file at the Human Resources Department. 1079
B. Access to Personnel Records. It is agreed that individual personnel records and files shall 1080
be considered confidential and the property of the City. It is also agreed that such official 1081
personnel records and files or information contained therein are not available to the general public 1082
except upon the written consent of the affected employee and are subject to restrictions and or 1083
release set forth by the open records act. The City Manager, City Attorney, and Human Resources 1084
staff may request and shall be granted access to any personnel records. A department head may 1085
Moses Lake Council Packet 5-24-22, Page 102 of 108
30
make a request to the Human Resources Department to be granted access to the personnel file 1086
of the employee within the department. Employees may review their personnel records by 1087
providing notification to the Human Resources Department requesting a date and time for the 1088
review. Employee review will occur during working hours, and the file shall not leave the 1089
premises. The following provisions shall apply regarding an employee's access to their official 1090
personnel record. 1091
1. Each employee shall be allowed to inspect and make copies of their personnel 1092
records. A written request to do so shall be directed to the Human Resources 1093
Department who will schedule a time for inspection that is convenient for both the 1094
employee and the Human Resources Department. 1095
2. A Union representative may, if the employee wishes, accompany the employee 1096
when reviewing their personnel record. Alternatively, an individual employee may 1097
authorize a Union representative to review and/or receive copies-of his/her file or 1098
portions thereof. Such authorization shall be in writing, identifying the Union 1099
representative authorized to review and/or receive copies-of said record(s) and be 1100
provided to the Human Resources Department prior to the desired time of review 1101
or requesting copies of said record(s). 1102
C. Removal and Deletion of Information from Record(s). An employee, after inspecting their 1103
personnel file, may submit a written request to the Human Resources Department to remove 1104
material(s) from the file in the event he/she believes the material(s) to be irrelevant, inaccurate, 1105
or obsolete. 1106
Section 4. References 1107
A. The City shall not give references, other than to confirm the dates of employment and last 1108
salary, without the express written consent of the employee, unless Federal or State law provides 1109
otherwise. 1110
B. Only the HR Director or the designee will provide employment references on current or 1111
former City employees. 1112
Section 5. Personnel Policies. 1113
All employees of the Bargaining Unit, in addition to being governed by this Agreement, shall also 1114
be subject to any personnel policies of the Employer having general applicability to all employees 1115
of the Employer, and any subsequent personnel policies, rules and regulations that may be 1116
promulgated in the future, so long as they do not conflict with this Agreement. In case of conflict, 1117
Federal or State law and this Agreement shall be controlling for employees covered by this 1118
Agreement. The Employer agrees to notify the Union in writing of any proposed new policies, 1119
rules or regulations, or any changes to these policies or procedures. The Union shall notify the 1120
City if they desire to negotiate the impacts of any changed or new policies or procedures. 1121
Section 6. Health and Safety. 1122
A joint Union-Management health and safety committee will be established and meet upon 1123
request of either party. The committee shall consider health and safety matters relating to all 1124
employees within the division. Such committee shall be comprised of two (2) employees from the 1125
bargaining unit selected by the Union and two (2) representatives of the Employer, with one of 1126
those from each side serving as Co-Chairman. Union participants will receive their regular rates 1127
Moses Lake Council Packet 5-24-22, Page 103 of 108
31
of pay for time spent in the meetings during their regularly scheduled hours of employment, as 1128
approved by the Superintendent. This committee shall have the responsibility for reporting all 1129
health and safety problems to the Superintendent or designee, who may initiate such actions as 1130
necessary to get them corrected. 1131
Section 7. Shared Leave Program. 1132
Employees of the bargaining unit are eligible to participate in the City’s shared leave program. 1133
The program was developed for employees to come to the aid of another city employee. 1134
Employees covered by the Agreement shall be allowed to donate Annual Leave in accordance 1135
with the provisions outlined in the city’s Donation Leave Policy. Bargaining unit employees 1136
donating leave time shall make their request on the Voluntary Shared Leave Donation Form. 1137
ARTICLE 16 - NO STRIKE - NO LOCKOUT 1138
During the term of this Agreement, it is mutually agreed that there shall be no strikes, lockouts, or 1139
other slowdowns or cessation of work by either party. 1140
ARTICLE 17 - SAVINGS CLAUSE 1141
Should any part hereof or any provision herein contained be rendered or declared invalid by 1142
reason of any existing law or subsequently enacted legislation or by any decree of a court of 1143
competent jurisdiction, such invalidation of such part or portion of this Agreement shall not 1144
invalidate the remaining portions hereof provided, however, upon such invalidation the parties 1145
agree immediately to meet and negotiate such parts or provisions affected. 1146
If no agreement is reached prior to the expiration date of this Agreement, the provisions contained 1147
herein shall remain in full force and effect until a new Agreement is ratified by both parties. 1148
ARTICLE 18 - TERM OF AGREEMENT 1149
The terms of this agreement shall be in full force and effect on January 1, 2022 and shall remain 1150
in full force and effect through December 31, 2024. 1151
All terms and conditions of the contract will remain in full force and effect throughout the life of 1152
the contract. 1153
ARTICLE 19 - SUPPLEMENTAL AGREEMENT 1154
18.1 This Agreement may be amended, providing both parties concur. Supplemental 1155
Agreements may be completed through negotiations between the parties at any time during the 1156
life of this agreement. Should either party desire to negotiate matter of this kind, it shall notify the 1157
other party in writing of its desire to negotiate. Supplemental Agreements thus completed shall 1158
become a part of the Agreement and subject to all its provisions. 1159
1160
Moses Lake Council Packet 5-24-22, Page 104 of 108
32
Signed: 1161
1162
1163
City of Moses Lake 1164
By 1165
1166
1167
_________________________________ 1168
Allison Williams Date 1169
City Manager 1170
1171
LOCAL #3045, WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES AFSCME - 1172
AFL-CIO 1173
By 1174
1175
__________________________________ 1176
Scott Allsbrook Date 1177
1178
__________________________________ 1179
Tom Cash Date 1180
1181
1182
1183
1184
Moses Lake Council Packet 5-24-22, Page 105 of 108
Band Position/Step Step 1 Step 2 Step 3 Step 4 Step 5
Custodian $3,529.07 $3,686.76 $3,852.66 $4,026.03 $4,208.53
$20.36 $21.27 $22.23 $23.23 $24.28
Lube Technician 3,792.00$ 3,964.13$ 4,140.96$ 4,327.30$ 4,522.03$
21.88$ 22.87$ 23.89$ 24.97$ 26.09$
Custodial Crew Leader 3,880.93$ 4,056.00$ 4,238.00$ 4,437.67$ 4,628.00$
22.39$ 23.40$ 24.45$ 25.55$ 26.70$
Facilities Maintence Worker I 4,582.93$ 4,789.20$ 5,003.66$ 5,228.82$ 5,465.20$
26.44$ 27.63$ 28.87$ 30.17$ 31.53$
Stormwater Maintenance I 4,657.00$ 4,866.57$ 5,087.33$ 5,316.16$ 5,555.33$
Street Maintenance Worker I 26.87$ 28.08$ 29.35$ 30.67$ 32.05$
Water Distribution Specialist I
WWTPO OIT
Facilities Maintenance Worker II 4,825.60$ 5,042.27$ 5,269.33$ 5,506.80$ 5,754.67$
27.84$ 29.09$ 30.40$ 31.77$ 33.20$
Stormwater Maintenance II 4,901.87$ 5,122.45$ 5,352.96$ 5,593.84$ 5,845.57$
Street Maintenance Worker II 28.28$ 29.55$ 30.88$ 32.27$ 33.72$
Vehicle Equipment Technician
Water Distribution Specialist II
Water Quality Assistant
WWTPO I/WW Collections 5,012.80$ 5,238.13$ 5,473.87$ 5,720.00$ 5,975.71$
28.92$ 30.22$ 31.58$ 33.00$ 34.48$
Lead Vehicle/Equipment Technician 5,038.80$ 5,264.13$ 5,501.02$ 5,749.47$ 6,008.19$
29.07$ 30.37$ 31.74$ 33.17$ 34.66$
Water Quality Specialist 5,187.87$ 5,421.32$ 5,666.27$ 5,921.25$ 6,186.27$
WWTPO II/Collections 29.93$ 31.28$ 32.69$ 34.16$ 35.69$
Water Distribution Crew Leader 5,645.47$ 5,899.51$ 6,164.99$ 6,442.42$ 6,732.32$
WWTPO III 32.57$ 34.04$ 35.57$ 37.17$ 38.84$
Facilities Mainteance Foreman 6,210.53$ 6,490.01$ 6,782.06$ 7,087.25$ 7,406.18$
Fleet Foreman 35.83$ 37.44$ 39.13$ 40.89$ 42.73$
Stormwater Foreman
Street Maintenance Foreman
Water Foreman
WW Collections Foreman
WWTPO Foreman
Exhibit "A"
A
B
C
D
E
F
G
H
I
J
K
L
Moses Lake Council Packet 5-24-22, Page 106 of 108
https://storymaps.arcgis.com/collections/2a01f29afaa6437f87dd7bad0bd1626a?item=1
Grant County HMP Update
Grant County is updating the County's Multi-jurisdictional Hazard Mitigation
Plan (HMP). This website is to help residents participate in the update
process and better understand natural hazards in Grant County.
Every five years, Grant County is required to update the
Hazard Mitigation Plan (HMP).
An HMP identifies the natural and human-caused hazards that affect Grant County and outlines plans, policies, and projects that will reduce the risk of loss of life and property from those
hazards. Keeping the plan updated ensures that the most current and accurate information is being used to plan for hazards, and makes the County and other participating agencies eligible for federal grant funding under the Disaster Mitigation Act of 2000 (DMA). The current plan was last updated in
2013 and is expired. The 2022 plan update process is being led by the Grant County Sheriff’s Office Emergency Management who received a grant from FEMA to update the plan.
Planning Partners
Agencies that participate in the planning process with Grant County are called “Planning Partners.” Each Planning Partner will have their own section of the plan that outlines their hazards and the actions they identified that will reduce the risk to their city, district, or area. The 2022 plan update process includes the following Planning Partners:
• Grant County
• Town of Hartline
• Town of Wilson Creek
• City of Mattawa
• City of Warden
• Port of Quincy
• Grant County PHD 1 Moses Lake – Samaritan
• City of Ephrata / Ephrata Fire Department
• Port of Mattawa
• Port of Royal Slope
• Port of Moses Lake
• Fire District 10 (Royal Slope)
• Fire District 8 (Mattawa)
• City of Moses Lake / Moses Lake Fire Department
Moses Lake Council Packet 5-24-22, Page 107 of 108
https://storymaps.arcgis.com/collections/2a01f29afaa6437f87dd7bad0bd1626a?item=1
What is Mitigation
Mitigation is an action you take to reduce or eliminate long-term risk to lives and property.
Putting mitigation actions in place before a disaster occurs can break repetitive damage cycles and reduce the impact of the disaster on the community. Examples of mitigation include:
• Seismic retrofit of buildings and bridges to protect against future earthquake
damage of water systems and fuel systems to ensure they are available when needed
• Plant trees and vegetation to reduce landslide, dust storm, and erosion risk
• Provide educational programs to residents so they are better informed of risks
• Elevate buildings in floodplains to protect from flood damage
• Install generators at critical facilities to ensure they function during power outages
• Conduct studies to identify vulnerable infrastructure and locations
• Pipe or line irrigation canals to reduce water loss and increase water supply during droughts
• Create defensible spaces around structures that are at risk from wildfire
How to Participate
• Learn about the hazards that affect you and your community. View our hazard mapper to
see where hazards are located.
• Take our survey! Share your knowledge about hazards in your community.
• Attend our Steering Committee meetings, held on the 4th Thursday of each month.
• Review the draft plan when it is released for public comment (estimated late summer).
Moses Lake Council Packet 5-24-22, Page 108 of 108