Loading...
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