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FINAL 2022 0927 Council Agenda PacketMoses Lake City Council Don Myers, Mayor | Deanna Martinez, Council Member | Dustin Swartz, Council Member Mark Fancher, Council Member | David Eck, Council Member| Judy Madewell, Council Member Tuesday, September 27, 2022 Moses Lake Civic Center – 401 S. Balsam or remote access* Regular Meeting Agenda Executive Session - 6:00 p.m. -Potential Litigation Pursuant to RCW 42.30.110(i) Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Presentation – Police Station Remodel vs New Building, Rich Murakami, Rolluda Architects Citizen’s Communications** Summary Reports: Mayor’s Report -Present Plaque to Mayor Hankins for his service -Human Resources Professionals Day Proclamation - National Fire Prevention Week Proclamation Additional Business City Manager’s Report -Budget Survey Results 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. Moses Lake Council Packet 9-27-22, Page 1 of 82 September 27, 2022, City Council Meeting Page 2 _________________ #1 pg 4 a.City Council Meeting Minutes Dated September 13, 2022 b.Claims and Payroll c.Police Vehicle Surplus Resolution 3914 d.Maple Grove Phase 1 Major Plat Improvements Resolution 3915 e.Travel Policy Resolution 3916 f.Aspect Consulting Change Order Approvals g.Herring Water Rights PSA Amendment h.Grant County ESG-CV and Hopesource Extensions i.Accept Miscellaneous COF Upgrades Project j.Nelson Road No Parking Zone k.Abandon Walmart Waterline Easement Resolution 3917 Old Business #2 Valley Road Striping Presented by Richard Law, City Engineer Summary: Council to review and discuss New Business #3 #4 Motion pg 68 Council Rules of Procedure Amendment Presented by Allison Williams, City Manager Summary: Council to review and discuss pg 71 Walters Short Plat Sewer Covenant Presented by Richard Law, City Engineer Summary: Council to review and consider approval Administrative Reports -Development Review Meetings Council Committee Reports Executive Session -Potential Litigation Pursuant to RCW 42.30.110(i) Adjournment Next Regular Council Meeting is scheduled for October 11, 2022 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 9-27-22, Page 2 of 82 *Please click the link below to join remote access: 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 ** Remote Citizen Comment or Public Hearings Remote speaker request forms must be completed by 3 p.m. on the day of the meeting. Moses Lake Council Packet 9-27-22, Page 3 of 82 MOSES LAKE CITY COUNCIL September 13, 2022 STUDY SESSION NCW Libraries Report Kimberly Neher, Deputy Director, Amanda Lawson, Facilities Manager, and Tim Dillman, Executive Assistant, discussed their $10.3 million dollar project to improve library facilities across their district. They discussed their goals and what they would like to invest in, ranging from staffing to facility improvements. In Moses Lake, they completed a facilities condition assessment, and they anticipate beginning their project in the first quarter of 2023, with Moses Lake’s anticipated construction start date in the 4th Quarter or 2024. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:35 p.m. by Deputy Mayor Myers with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Deputy Mayor Myers; Council Members Eck, Martinez, Fancher, Madewell, and Swartz. PLEDGE OF ALLEGIANCE Deputy Mayor Myers led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Fancher moved to approve the Agenda as presented, second by Council Member Swartz. The motion carried 6 – 0. CITIZEN’S COMMUNICATION Introduction Elisia Dalluge, Moses Lake, introduced herself and announced that she will be putting her application in for the vacant Council position. SUMMARY REPORTS MAYOR’S REPORT Appoint Mayor and Deputy Mayor Dean Hankins submitted a letter of resignation from his position as Mayor and Council position #7 on August 29. Council rules limit appointments to Mayor and Deputy Mayor by Council who have served at least two years. Action taken: Council Member Martinez moved to appoint Deputy Mayor Myers as Mayor, second by Council Member Eck. The motion carried by a majority vote. Action taken: Council Member Swartz moved to delay the appointment of a Deputy Mayor until the new Council Member is seated and requested that staff bring forward a discussion to change the two-year rule in the Council Procedures, second by Council Member Madewell. The motion carried 6 – 0. Moses Lake Council Packet 9-27-22, Page 4 of 82 CITY COUNCIL MINUTES – September 13, 2022 pg. 2 Council Committee Appointments Mayor Myers recommended new Council Members to replace former Mayor Hankins place on the Council Committees. Action taken: Council Member Swartz moved to approve the appointment of Council Member Eck for Lodging Tax Advisory Committee Chair, second by Council Member Fancher. The motion carried 6 – 0. Action taken: Council Member Martinez moved to approve the appointment of Council Member Madewell to the LEOFF Board, second by Council Member Fancher. The motion carried 6 – 0. Action taken: Council Member Eck moved to approve the appointment of Mayor Myers to the Moses Lake Economic Development Coordinating Committee, second by Council Member Swartz. The motion carried 6 – 0. Constitution Week Proclamation A proclamation declaring September 17 through 23, 2022, as Constitution Week was read by Mayor Myers. CITY MANAGER’S REPORT Employee New Hire A brief introduction was given of Street Maintenance Worker Rick Rios. Council Vacancy Application Process The applications for the vacancy are due on September 23, 2022. On September 27, Council will review applications and set a date for interviews. Staff has asked that Council bring forward interview questions and to be thinking about a date for the initial interviews. Fire Survey & Ratings Report The report was included in the Council Packet. Chief Bastian explained that the scale for the survey and ratings report is from 1 to 10, with 1 being the best and 10 being the worst. The current rating is at 4 which is an improvement from the last rating where the City received a 5. Consumer Price Index (CPI) Increase for Fee Schedule Staff requested Council’s input on the CPI for the 2023 budget building/fee schedule. Council suggested starting with a 5% increase rather than using the current CPI of 8.3%. CONSENT AGENDA #1 a. City Council meeting minutes dated August 23 and September 6, 2022b.Claim ACH 187-188 in the amount of $178,224.86; Claim Checks 157482 – 157698 in the amount of $1,235,394.27; Payroll Checks 64644 through 64735 inthe amount of $51,937.51; and Electronic Payments in the amount of$1,139.005.66. Action taken: Council Member Swartz moved to approve the Consent Agenda as presented, Moses Lake Council Packet 9-27-22, Page 5 of 82 CITY COUNCIL MINUTES – September 13, 2022 pg. 3 second by Council Member Fancher. The motion carried 6 – 0. NEW BUSINESS #2 Northshore List Station Project The project is to construct the new Northshore Lift Station and decommission both the aging Sage Bay Lift Station and the temporary Northshore Lift Station. The lowest of five bids received is $2,261.824.81 from POW Contracting. Action taken: Council Member Swartz moved to award the contract to the low bidder, second by Council Member Martinez. The motion carried 6 – 0. ADMINISTRATIVE REPORTS Sister City Anniversary Invitation A virtual event will be held with Yonezawa Japan officials on October 4, 2022. The in-person event will be conducted from the Civic Center Auditorium. Event invitations are being mailed to former sponsors of student exchange, student exchange board members, former Mayors, as well as a general invite to all to be posted on the City’s website and a corner ad in the Columbia Basin Herald. EPA Superfund Site Update Staff had a conversation with the EPA and their attorneys around the status of the Superfund Site. It was a good meeting and there will be regular monthly update meetings to keep current on the status of the cleanup, public notifications, and the increased sampling that is occurring. City Manager Allison Williams provided an update during her meeting with County Commissioners on September 12. Mae Valley Transportation Analysis The analysis will be presented to Council on October 11. Staff met with Washington Department of Transportation and the County to go over the analysis and to identify priority projects in order to calculate costs for a potential impact fee. Leadership Training There are 48 leaders in the City that have begun attending the Nash Consulting Leadership training and will continue every two weeks for a total of five days of training. The program will grow into an all staff training in the Spring of 2023. State of the Lake Meeting The State of the Lake meeting will be September 20 at 6 p.m. in the Council Chambers. 1st and 2nd Quarter Homeless Housing Reports The reports were included in the Council Packet. Community Development Director Kirsten Sackett talked about the hiring of ECONorthwest and the analysis of a permanent location for the homeless shelter. Nelson Path Update The path has been completed and the flashing beacons have been installed. Students can Moses Lake Council Packet 9-27-22, Page 6 of 82 CITY COUNCIL MINUTES – September 13, 2022 pg. 4 now cross to the North side of the road in a safer manner. COUNCIL COMMUNICATIONS AND REPORTST Council Member Martinez discussed that there was a good turnout at the training/conference in Spokane for the Health District Board. There is a new “pandemic drug” called fentanyl that is resulting in many deaths. The Health Board may request an allocation of opioid funding that the City will be getting from settlement with the opioid companies. She asked for clarification on the earlier vote tonight for Mayor and whether or not everyone voted. No nay votes were voiced. EXECUTIVE SESSION Mayor Myers called an Executive Session at 7:32 p.m. to be held for 20 minutes pursuant to RCW 42.30.110(1)(g) to discuss performance of public employee with Council only in attendance. ADJOURNMENT The regular meeting was adjourned at 7:52 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 9-27-22, Page 7 of 82 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Allison Williams, City Manager 7408 Madeline Prentice Finance 9/27/2022 Consent Agenda Disbursement Report since September 13, 2022 Council Meeting City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 1,578,434.06$1,578,434.06$0.00$ Approve payment of claims as presented The following amounts were budgeted and sufficient funds were available to cover these payments: Electronic Transfer: N/A $ 0.00 Checks: #157699-157892 $999,310.55 Payroll Checks: #64736-64772 $ 16,773.28 Electronic Payments: Direct Deposit 9/16/2022 $562,350.23 Vouchers 09.27.2022.pdf 207.33KB Moses Lake Council Packet 9-27-22, Page 8 of 82 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: 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. Options and Results Approve N/A Staff would recognize claims as receivables and pursue collection. Moses Lake Council Packet 9-27-22, Page 9 of 82 Moses Lake Council Packet 9-27-22, Page 10 of 82 Moses Lake Council Packet 9-27-22, Page 11 of 82 Moses Lake Council Packet 9-27-22, Page 12 of 82 Moses Lake Council Packet 9-27-22, Page 13 of 82 Moses Lake Council Packet 9-27-22, Page 14 of 82 Moses Lake Council Packet 9-27-22, Page 15 of 82 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Allison Williams, City Manager 7415 Richard Law, City Engineer Municipal Services 9/27/2022 Consent Agenda Police Vehicle Surplus Resolution City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Staff recommends the City Council adopt the resolution to authorize the surplus of police vehicle as presented. Police Truck Surplus Resolution.docx 23.26KB The City of Moses Lake has replaced the police animal control vehicle on its normal replacement cycle. The City of Warden inquired about the disposal of the unit. The City stated it would go thru the normal surplus process and be auctioned. The City of Warden then inquired as to a direct purchase of the surplus vehicle. The City reviewed the process and deemed that a direct sale falls within the audit guidelines. This action would allow the City of Moses Lake to receive a guaranteed amount for the surplus 2016 Chevrolet K2500 pick up truck instead of the unit going to auction. The City would receive the offered amount of $16,000.00 for the truck, instead of an unknown amount at public auction. The funds would be processed like all vehicle sale funds. Options and Results Adopt the resolution as presented. Staff will bring back options for recommended changes. Staff will seek authorization to surplus as part of next group of vehicles going to public auction.Moses Lake Council Packet 9-27-22, Page 16 of 82 RESOLUTION 3914 A RESOLUTION OF THE CITY OF MOSES LAKE TO DECLARE CITY OWNED PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE TO THE CITY OF WARDEN Recital: 1. The City of Moses Lake, Washington owns the following police vehicle which has me itsuseful life of efficient operation in the City’s fleet and has been scheduled to be surplus: Vehicle 197 - 2016 Chevrolet K2500 Silverado Pick Up Truck VIN 1GC2KUEG4GZ286537 Resolved: 1. The City Council of the City of Moses Lake, Washington declares that the vehicle ownedby the City of Moses Lake is in good operation and will be sold to the City of Warden,Washington at fair market value of $16,000.00. ADOPTED by the City Council on September 27, 2022. ________________________________________ Don Myers, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 9-27-22, Page 17 of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dŚĞƉůĂƫŶŐƌĞŐƵůĂƟŽŶƐƌĞƋƵŝƌĞĂůůƚŚĞƐƚƌĞĞƚĂŶĚƵƟůŝƚǇŝŵƉƌŽǀĞŵĞŶƚƐŝŶƐƚĂůůĞĚŝŶƌŝŐŚƚŽĨǁĂǇĂŶĚ ŵƵŶŝĐŝƉĂůĞĂƐĞŵĞŶƚƐƚŽďĞĂĐĐĞƉƚĞĚďǇŝƚǇŽƵŶĐŝůŽƌďŽŶĚĞĚĨŽƌƉƌŝŽƌƚŽƌĞĐŽƌĚŝŶŐƚŚĞƉůĂƚĂŶĚŝƐƐƵŝŶŐ ďƵŝůĚŝŶŐƉĞƌŵŝƚƐ͘dŚĞĐŽŶƐƚƌƵĐƟŽŶƉůĂŶƐĂƌĞƌĞƋƵŝƌĞĚƚŽďĞƌĞǀŝĞǁĞĚĂŶĚĂƉƉƌŽǀĞĚďǇƚŚĞŝƚǇƉƌŝŽƌƚŽ ĐŽŶƐƚƌƵĐƟŽŶ͘ůůƚŚĞĐŽŶƐƚƌƵĐƟŽŶǁŽƌŬŝƐŝŶƐƉĞĐƚĞĚƚŽĂƐƐƵƌĞĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞĐŽŶƐƚƌƵĐƟŽŶƉůĂŶƐĂŶĚ ĐŝƚǇƐƚĂŶĚĂƌĚƐ͘dŚĞƐƚƌĞĞƚĂŶĚƵƟůŝƚǇŝŵƉƌŽǀĞŵĞŶƚƐŝŶƉůĂĐĞǁŝůůƐĞƌǀĞĂĨŽƌƚǇͲĨŽƵƌ;ϰϰͿůŽƚƌĞƐŝĚĞŶƟĂů ƐƵďĚŝǀŝƐŝŽŶ͘ 7KHVHLPSURYHPHQWVLQFOXGHEXWDUHQRWOLPLWHGWR)XOOZLGWKVWUHHWLPSURYHPHQWVLQFOXGLQJ ZDWHUVHZHUDQGVWRUPLPSURYHPHQWVWR0DSOH'ULYHIURP*UDSH'ULYH1(DSSUR[LPDWHO\ IHHWZHVW$VSHQ6WUHHWIURP*UDSH'ULYH1(WR+HPORFN6WUHHWDSSUR[LPDWHO\IHHWZHVW +HPORFN6WUHHWIURP0DSOH'ULYHWRWKHHQGRIWKHSURMHFWDSSUR[LPDWHO\IHHWVRXWK 5HORFDWLRQRIWKH&LW\RI0RVHV/DNHSUHVVXUHUHGXFLQJYDOYHDQGWHOHPHWU\ )LVFDODQG3ROLF\,PSOLFDWLRQV hƉŽŶĂĐĐĞƉƚĂŶĐĞ͕ƚŚĞŝƚǇǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌƚŚĞŵĂŝŶƚĞŶĂŶĐĞĂŶĚƌĞƉĂŝƌƐŽĨƚŚĞŝŵƉƌŽǀĞŵĞŶƚƐ͘ ^h/s/^/KED/EdEEKEŽƌŽƚŚĞƌĂƉƉƌŽǀĞĚƐĞĐƵƌŝƚǇŝŶƚŚĞĂŵŽƵŶƚŽĨ)RXUKXQGUHG7ZHQW\ (LJKWTKRXVDQG7ZRHXQGUHG)LIW\7ZR'ROODUVDQGQRcHQWVƚŽƚŚĞŝƚǇŝƐƌĞƋƵŝƌĞĚƚŽ ďĞƉƌŽǀŝĚĞĚďǇƚŚĞŽǁŶĞƌƐĨŽƌƚŚĞƚǁŽͲǇĞĂƌŵĂŝŶƚĞŶĂŶĐĞƉĞƌŝŽĚǁŚŝĐŚĐŽŵŵĞŶĐĞƐŽŶƚŚĞĚĂƚĞŽĨ ĂĐĐĞƉƚĂŶĐĞŽĨƚŚĞŝŵƉƌŽǀĞŵĞŶƚƐďǇƚŚĞŝƚǇŽƵŶĐŝů͘ Moses Lake Council Packet 9-27-22, Page 18 of 82 2SWLRQVDQG5HVXOWV $SSURYH$XWKRUL]HRU$GRSW 7KHLPSURYHPHQWVZLOOEHDFFHSWHGDQGWKHSODWFDQEHFRPSOHWHG 3URYLGH$PHQGHG'LUHFWLRQ $FWLRQZRXOGUHTXLUHVWDIIWREULQJDUHYLVHGUHVROXWLRQWR&RXQFLOIRUFRQVLGHUDWLRQ 1R$FWLRQ7DNHQ 7KH&LW\ZLOOQRWDFFHSWWKHSODWLPSURYHPHQWVDQGWKHSODWFRXOGQRWEHFRPSOHWHG Moses Lake Council Packet 9-27-22, Page 19 of 82 Moses Lake Council Packet 9-27-22, Page 20 of 82 RESOLUTION 3915 A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF MAPLE GROVE PHASE 1 MAJOR PLAT Recitals: 1.Street and Utility improvements lying in dedicated right-of-way or easements are in place and connected to the City of Moses Lake’s street and utility systems as part of the Maple Grove Phase 1 Major Plat. The project includes full width street improvements including water, sewer, and storm improvements to Maple Drive from Grape Drive NE approximately 830 feet west, Aspen Street from Grape Drive NE to Hemlock Street approximately 830 feet west, Hemlock Street from Maple Drive to the end of the project approximately 470 feet south. Relocation of the City of Moses Lake pressure reducing valve and telemetry west approximately 830 on Maple Drive. 2.Said street and utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards and were completed in August of 2022. 3.RCW 35.90.030, indicates that developer installed public street and utility facilities, should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. 4.A Subdivision Maintenance Bond shall be provided by the developer for a two-year maintenance period which commences on the September 28, 2022 Resolved: 1.The City Council of the City of Moses Lake accepts the Maple Grove Phase 1 Major Plat street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2.After September 28, 2022, all operational costs of the said street and utility improvements shall be borne by the City of Moses Lake as provided by city ordinance and subject to the required maintenance bond. 3.Subject to final inspection, after September 28, 2024, all further maintenance, and operational costs of said street and utility improvements shall be borne by the City of Moses Lake, as provided by city ordinance. ACCEPTED by the City Council on September 27, 2022. ______________________________ Don Myers, Mayor ATTEST: _______________________________ Debbie Burke, City Clerk Moses Lake Council Packet 9-27-22, Page 21 of 82 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Allison Williams, City Manager 7428 Madeline Prentice, Director Finance 9/27/2022 Consent Agenda Travel Policy and Procedures City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Adopt Resolution to approve the City of Moses Lake Travel Policy & Procedures as presented. ML TRAVEL POLICY & PROCEDURES.docx 109.5KB Travel Policy & Procedures Resolution.docx 19.59KB The City wishes to establish policies and procedures related to obtaining travel authorization, advance travel funds and expenditure or reimbursement for business travel expenses. Travel authorization, advances and expenditures or reimbursement for business travel are appropriate to the circumstances and consistent with the best interest of the City and its desire to minimize travel costs. Options and Results Adopt Resolution as presented. Staff will bring back options for recommended changes. Staff will incur travel expenditures in the same manner as they currently are. Moses Lake Council Packet 9-27-22, Page 22 of 82 RESOLUTION 3916 A RESOLUTION OF THE CITY COUNCIL OF THE CITY MOSES LAKE, WASHINGTON, ADOPTING TRAVEL POLICIES AND PROCEDURES FOR OFFICIALS AND EMPLOYEES OF THE CITY OF MOSES LAKE Recitals: 1. Employees need to travel to receive training or carry out other essential functions of theCity. 2. The City Manager requested staff establish rules for the authorization and reimbursementof business travel expenses incurred by employees when traveling on official Citybusiness. 3.Staff created travel policies and procedures based on previous documentation, sample policies from other cities, and in accordance with current laws.4.The intent of the travel policy is to provide assurance that travel costs arereasonable and justified. Resolved: 1.The City Council approves the attached Travel Policy and Procedures. 2. These policies replace any conflicting policies previously approved by the City Manager or adopted by the City Council. ADOPTED by the City Council of the City of Moses Lake on this 27th day of September, 2022. Don Myers, Mayor ATTEST: Debbie Burke, City Clerk Moses Lake Council Packet 9-27-22, Page 23 of 82 TRAVEL POLICY & PROCEDURES PURPOSE……………………………………………………….……………………………..……………….….. 2 REFERENCES………………………………………………………………….…………………………………… 2 DEFINITIONS………………………………………………………..…………………….……………………… 2 COMMERCIAL LODGING FACILITY………………………………………………………………………………………………… 2 COMMUTE…………………………………………………………………………………………………………………………………… 2 ELIGIBLE MEALS…………………………………………………………………………………………………………………………… 2 INCIDENTAL EXPENSES………………………………………………………………………………………………………………… 2 INELIGIBLE MEALS……………………………………………………………………………………………………………………….. 2 OFFICIAL RESIDENCE……………………………………………………………………………………………………………………. 2 OFFICIAL CITY BUSINESS………………………………………………………………………………………………………………. 2 OFFICIAL STATION……………………………………………………………………………………………………………………….. 2 PER DIEM…………………………………………………………………………………………………………………………………….. 2 REIMBURSEMENT………………………………………………………………………………………………………………………… 2 TRAVEL REQUEST FORM………………………………………………………………………………………………………………. 2 TRAVEL EXPENSE REPORT……………………………………………………………………………………………………………. 2 TRAVEL STATUS…………………………………………………………………………………………………………………………… 3 TRAVELER……………………………………………………………………………………………………………………………………. 3 POLICY AND PROCEDURES……………………………………..…………………..…………………….. 3 POLICY OVERVIEW………………………………………………………………………………………………………………………. 3 RESPONSIBILITIES OF TRAVELERS………………………………………………………………………………………………… 3 PENALTIES FOR FRAUD OR ABUSE………………………………………………………………………………………………. 3 ADVANCE TRAVEL ARRANGEMENTS REQUIRED………………………………………………………………………….. 4 TRAVEL STATUS LIMITATIONS…………………………………………………………………………………………………….. 4 HEALTH AND SAFETY OF TRAVELERS…………………………………………………………………………………………… 4 EXCESS TRAVEL TIME………………………………………………………………………………………………………………….. 4 EXCESS TRAVEL EXPENSES…………………………………………………………………………………………………………… 4 TRAVEL AUTHORIZATION…………………………………………………………………………………………………………….. 4 AUTHORIZATION FOR EXCEPTIONS……………………………………………………………………………………………… 5 APPROVALS…………………………………………………………………………………………………………………………………. 5 TRAVEL ADVANCES……………………………………………………………………………………………………………………… 5 USE OF CITY CREDIT CARDS…………………………………………………………………………………………………………. 5 TRAVEL EXPENSE REPORT……………………………………………………………………………………………………………. 6 INDIVIDUAL EXPENSE REIMBURSEMENTS……………………………………………………………………………………. 6 REGISTRATION…………………………………………………………………………………………………………………………….. 6 TRANSPORTATION………………………………………………………………………………………………………………………. 7 LODGING…………………………………………………………………………………………………………………………………….. 7 MEALS………………………………………………………………………………………………………………………………………… 8 MISCELLANEOUS EXPENSES……………………………………………………………………………………………………….. 10 INELIGIBLE EXPENSES…………………………………………………………………………………………………………………. 10 CANCELLATIONS…………………………………………………………………………………………………………………………. 10 TRAVEL REQUEST FORM LINK…………………………………………………………………………… 10 TRAVEL EXPENSE REPORT LINK.………………………………………………………………………… 10 Moses Lake Council Packet 9-27-22, Page 24 of 82 TRAVEL POLICY & PROCEDURES 2 PURPOSE To establish the City of Moses Lake’s policies and procedures related to obtaining travel authorization, advance travel funds, and expenditure or reimbursement for business travel expenses. REFERENCES RCW Chapter 42.24, City of Moses Lake Municipal Code, and Internal Revenue Service (IRS) regulations. DEFINITIONS Commercial Lodging Facility: A business, non-profit, or governmental entity that provides lodging accommodations for a fee. Commute: Travel between the official residence of the employee and their official station. Eligible Meals: Meals which meet the IRS qualifications for a non-taxable reimbursement to an employee in travel status. This generally requires an overnight stay. Incidental Expenses: Fees and tips given to porters, baggage carriers, hotel and restaurant staff, flight attendants, and others for personal services performed. This is not a miscellaneous expense. An allowance for incidental expenses is included within the per diem rates for the area of travel. Ineligible Meals: Meals which do not meet the IRS qualifications for a non-taxable benefit. Although these meal reimbursements may be allowed by City policy, they must be reported to the IRS as taxable fringe benefits. Official Residence: The city, town, or other location where a City employee maintains a residence that is used as their primary domicile, based on items such as voter registration, ownership, or long- term rental of a personal residence, and the permanent address carried in the employee’s personnel file. Official City Business: Activities performed by a City employee as directed by his or her supervisor in order to accomplish City programs or as required by the duties of his or her position or office. Official Station: The location where the employee’s office is located, or the location where the employee’s work is performed on a permanent basis. Per Diem: Allowances for lodging, meals, and incidentals as established by the Office of the General Services Administration (GSA) for the area of travel. The most current per diem rates can be found at the following web address: https://www.gsa.gov/travel/plan-book/per-diem-rates. Per diem rates include the costs of tax and gratuity. Reimbursement: Can also be interpreted to mean “paid for by the City.” Eligible expenses need not necessarily be reimbursements to the individual, they can be expenses paid by the City directly to the vendor. Travel Request Form: Official City form used to obtain authorization for travel. This form is provided by the Finance Department and is located on the City of Moses Lake’s Laserfiche Forms site; https://lfweb.cityofml.com/Forms/Travel Travel Expense Report: Official City form used to obtain reimbursement for authorized travel expenses and/or to document expenditure of travel advance funds. This form is provided by the Finance Department and is located on the City’s Laserfiche Forms site; https://lfweb.cityofml.com/Forms/Travel_Expense_Report. Specific information from the Travel Moses Lake Council Packet 9-27-22, Page 25 of 82 TRAVEL POLICY & PROCEDURES 3 Request Form will auto-populate into the Travel Expense Report form and will be routed to Accounts Payable automatically for pre-payment of per diem meals and miles when a City vehicle is not available for use. Travel Status: The official status of a traveler when the traveler is away from both the official residence and the official station, exclusive of commuting between the traveler’s official station and official residence, on City-related business. The IRS defines this as a time when your duties require you to be away substantially longer than an ordinary day’s work, and you need to sleep or rest to meet the demands of your work while away from home. (In almost all cases, this means an overnight stay is involved.) Traveler: A person in travel status who is on official City business. POLICY AND PROCEDURES Policy Overview It is the policy of the City of Moses Lake to allow the attendance and participation of authorized employees, public officials, and volunteers (hereafter referred to as travelers) at meetings, conventions, and seminars (hereafter referred to as events) where such participation is determined to be in the public’s interest. The City of Moses Lake will reimburse travelers for reasonable travel expenses incurred in the conduct of business for the City. Reimbursement for such necessary and reasonable expenses will be made subject to the rules herein by application and upon compliance with this policy and with Chapter 42.24, Revised Code of Washington. When incurring such expenses, travelers must be sensitive to public expectations as to the use of public moneys and the need to use good judgement. The City will not pay expenses which are deemed excessive, extravagant, unnecessary or unreasonable. Responsibilities of travelers A traveler on official City business is responsible for: •Being familiar with City travel and transportation regulations before embarking on travel. •Exercising the same care in incurring expenses and accomplishing the purposes of the travel that a prudent person would exercise if traveling on personal business. Excess costs, circuitous routes, delays, or luxury accommodations unnecessary or unjustified in the performance of official City business travel are not acceptable and will be rejected. •Paying any expenses incurred for personal preference or convenience. •Returning as promptly as possible to either the official station or official residence when the City business is completed. •Securing prior authorization for travel. •Preparing the Travel Request and Travel Expense Report forms and providing appropriate receipts and documentation. Penalties for Fraud or Abuse City employees who are found to have claimed falsified claimed expenses under these policies are subject to disciplinary actions which may include termination from City employment. In addition, state law provides that any person intentionally submitting a false claim commits the crime of perjury in the second degree. State and City laws may also provide for additional criminal penalties including, but not limited to, theft. Moses Lake Council Packet 9-27-22, Page 26 of 82 TRAVEL POLICY & PROCEDURES 4 Advance Travel Arrangements Required All travel arrangements, including but not limited to airline reservations, hotel reservations, conference registrations, etc., shall be made in advance to take advantage of any available discounts and to avoid paying premium rates, but only after a Travel Request Form has been completed and approved. Travel Status Limitations A traveler may be considered to be in travel status when the area of travel is located at least fifty (50) miles (one-way, using the most direct route) from the closer of either the traveler’s official residence or official station. In some situations, there may be adequate justification for allowing a traveler to be in travel status within 50 miles, such as: •When the health and safety of travelers is an issue, as noted in the next section. •When it can be demonstrated that staying overnight is more economical to the City. •When it can be demonstrated that staying overnight is a necessary requirement for the conference or training. Health and Safety of Travelers The health and safety of travelers is a top priority in the conduct of travel related activities. It may be necessary to alter travel plans and itineraries in consideration of hazardous inclement weather and other situations that could threaten the health and safety of City employees. When this occurs, travelers should: •Promptly notify the traveler’s supervisor of the change in travel plans. •Note the reason for any additional expense on the traveler’s travel expense voucher. Excess Travel Time Any excess travel time which is brought about by the employee’s choice of transportation or other personal reasons will be charged to the employee as vacation time. Excess Travel Expenses Any excess travel expenses which are brought about by the traveler’s personal activities are the responsibility of the traveler. Only those travel expenses directly related to City business are allowed. Travel Authorization Advance authorization for travel must be obtained as documented by a properly completed and approved Travel Request form (https://lfweb.cityofml.com/Forms/Travel). All anticipated travel expenses must be listed, and appropriate approval signatures obtained as indicated below. If assistance is needed in determining allowable rates, completing forms, etc., Finance staff will provide necessary direction. If applicable, conference or training registration documentation that indicates the purpose, dates and times of the meeting, and details of what is included with registration must be attached. The Travel Request form must be attached to the Travel Expense Report when a reimbursement request is submitted. After a Travel Request form has been fully approved, any changes that would increase the cost to the City must be authorized by the approval authority outlined below. Moses Lake Council Packet 9-27-22, Page 27 of 82 TRAVEL POLICY & PROCEDURES 5 Authorization for Exceptions No policy can anticipate all possible circumstances and provide for their needs. Consistent with the statement of policy, the City Manager may authorize exceptions to any rates or restrictions imposed by these policies. Such authorization shall be by memo summarizing the circumstances and specifically identifying the expectations to be authorized. Itemized receipts are required for such authorized amounts. Approvals Travel Request forms, Travel Expense Reports and credit card charges for travel shall be signed for approval as noted below: •Councilmembers – Approved by the City Manager. •Advisory Board Members – Approved by the City Manager •City Manager – Approved by the Mayor. •Department Director – Approved by the City Manager. •Other employees – Approved by the direct supervisor and Department Director. All out-of-state travel must be approved by the City Manager for all City employees prior to arrangements being made and commitment of liability against the City of Moses Lake for payment. This may be facilitated through the Travel Request form in Laserfiche. Travel Advances To avoid placing a hardship on an employee, a travel advance may be issued to an employee for approved anticipated out-of-pocket meal expenses to be paid by the employee during authorized travel. An advance will only be issued when anticipated out-of-pocket meal expenses exceed $50 and a Travel Request form cannot be completed at least one-week before the first day of travel due to an emergency. Advances under $50 will not be made. Travel advances are not intended for travel tickets, pre-registration fees, lodging and/or other items which can normally be billed to the City, paid through the regular accounts payable system or by City credit card. Employees must clear any outstanding advances before requesting another advance. Settlement for travel advances must be made on or before the fifteenth (15th) calendar day following the end of travel and will be accompanied by any unexpended portion of the advance including any non-reimbursable travel expenses. Such settlement shall be completed on the City’s Travel Expense Report form; all applicable receipts should be attached to the form in an orderly manner and forwarded to the Finance Department after approval by the supervisor. The travel advance is considered a lien against any amount owed by the City to the employee. Amounts considered to be in default may be withheld by the City from the employee’s monthly paycheck. Any outstanding advances not cleared before an employee’s termination will be withheld from their final paycheck. The Advance Travel Fund will not be used to make reimbursements to employees. Use of City Credit Cards City credit cards are the preferred method of payment for any expenses that cannot be prepaid through the accounts payable process, including airfare, event registration and lodging but excluding meals. Any payments made using a City credit card must comply with all City of Moses Lake credit card policies and procedures. Original, itemized receipts are required for all credit card Moses Lake Council Packet 9-27-22, Page 28 of 82 TRAVEL POLICY & PROCEDURES 6 purchases, and must be submitted with requests for payment of credit card bills. Any credit card charges that are not properly documented are the responsibility of the traveler and must be repaid to the City. City credit cards may only be used for the following employee travel related expenses: •Conference registration and conference-provided meal fees. •Eligible transportation related costs such as airfare, rental cars, taxi/Uber and parking fees. •Eligible lodging costs. City credit cards may not be used to pay: •Any portion of an expense that is the responsibility of the individual. For example, if lodging costs are higher because of an additional guest in the room, only the portion of the lodging cost (single-occupancy) attributable to the City may be charged to the City credit card. •Meal expenses, except meals included with conference registration or included with lodging. Employees should not use personal credit cards to pay for travel expenses unless there is an unforeseen expense incurred and use of a City credit card is not possible. Travel Expense Report All travel expenses shall be submitted to the Finance Department on a Travel Expense Report form (https://lfweb.cityofml.com/Forms/Travel_Expense_Report). If assistance is needed in determining allowable rates, completing forms, etc., Finance staff will provide the necessary direction. Original, itemized, paid receipts are required for all expenses except meals purchased with per diem allowances and mileage if a City vehicle could not be used. The Travel Request form, including conference or training registration documentation that indicates the purpose, dates and times of the meeting, and details of what is included with registration must be included with the Travel Expense Report. An agenda should be attached if one was provided at the conference or training. A fully itemized travel expense report must be submitted no later than 30 days past the last day of the event date. If an employee uses a personal credit card for travel-related expenses, that must be indicated on the Travel Expense Report. In addition to the original, itemized, paid receipts, the employee must also provide a redacted copy of their credit card statement showing the charge was incurred. Individual Expense Reimbursements Except for lodging where individuals share the same room or transportation conveyance (cab, rental car, etc.), each individual seeking reimbursement must incur his/her own expense and request reimbursement on his/her own Travel Expense Report. If lodging accommodations or transportation are shared between two or more employees, the portion of the billing for all such employees may be submitted by the employee paying the bill. Registration Registration should be prepaid through the City credit card or accounts payable process. Registrations shall be made in a timely manner to take advantage of early registration discounts. If a check is to be processed, the request for payment shall be submitted in sufficient time to process the registration with regular accounts payable procedures. If it is not possible to prepay Moses Lake Council Packet 9-27-22, Page 29 of 82 TRAVEL POLICY & PROCEDURES 7 registration fees, receipts must be submitted for reimbursement. Registration costs will not be paid as part of a request for a travel advance. Transportation Actual costs for bus travel, train travel, taxi/Uber, tolls, car rentals, parking fees and air travel are eligible, provided all air travel shall be by coach class. Payment for air travel shall be at actual cost from the closest and most economical airport to destination and return. To take advantage of available discounts and avoid paying premium fares, travel arrangements shall be booked in advance but only after approval by the City Manager. •Whenever possible, a City vehicle should be used for employee travel. Travelers may use assigned vehicles or available pool cars while on City business. Operating City owned vehicles requires a valid Washington State driver’s license. Employees shall provide proof of a current and active Washington State driver’s license to the Human Resources Department. It is the responsibility of the traveler to provide Human Resources copies of the active driver’s license including any conditions and situations that may impact the employee’s driver’s license. •Wherever practical, employees should ride together to minimize costs. No mileage reimbursement will be made for casual or insignificant use of a personal vehicle within the City of Moses Lake. Mileage reimbursement within Moses Lake will be allowed if a City vehicle is not available and the use of a personal vehicle is significant and required by the job. Permission to use a personal vehicle on a regular basis must be obtained from the employee’s direct supervisor. When using a personal vehicle for City business, proof of a valid Washington State driver’s license and valid insurance is required. •If an employee must use a personally owned vehicle for travel to an event, mileage will be reimbursed at the Internal Revenue Service mileage rate, provided payment will not exceed coach class airfare to and from the same destination. •Only one person traveling in the same vehicle may be reimbursed for the trip. •Rental vehicles will be allowed with prior authorization from a Department Director, but only under exceptional circumstances related to business necessity, not personal convenience. Justification will be required with the Claim for Expense form for all rental vehicle expense claims. If available, employees are to obtain both liability and collision/comprehensive coverage provided by the rental agency for rentals of less than two (2) weeks duration. Example: An employee’s home is in Warden and official station is in Moses Lake. The employee travels from home directly to training in Spokane. After training the employee goes by the office in Moses Lake to do some work before returning home. The miles driven between Warden and Moses Lake are considered the normal commute and therefore are not eligible for reimbursement, even if the employee does not stop at the office on the way to Spokane. However, the miles driven between the work/training locations (from Warden to Spokane) are reimbursable. Lodging Under normal circumstances, payment for lodging is only allowed when traveling more than fifty (50) miles (one-way, shortest distance) from the closer of either the traveler’s official station or Moses Lake Council Packet 9-27-22, Page 30 of 82 TRAVEL POLICY & PROCEDURES 8 official residence. Under special circumstances involving early or late meetings, or multiple day meetings, lodging expense for less than 50 miles distance may be authorized subject to the Department Director’s approval and before the occurrence happens. See “Travel Status Limitations” on page 3. The actual cost of commercial lodging facility accommodations is eligible for payment or reimbursement up to the maximum lodging rate allowed (excluding tax) for the area of travel as established by the Office of the General Services Administration (GSA). The most current maximum lodging rates can be found at the following web address: https://www.gsa.gov/travel/plan-book/per-diem-rates. An original, itemized, paid hotel bill is required. If a family member or guest accompanies the employee, the employee shall pay out- of-pocket for the additional amount over that of a single accommodation. The single accommodation rate must be noted on the hotel/motel bill submitted. Allowable lodging expenses are intended to include the basic commercial lodging rate or the “government rate” if available, and applicable sales taxes and/or hotel/motel taxes. It shall be the responsibility of the traveler to request of the lodging vendor a “government rate”, if available, unless a lower rate for the same accommodations is available with the regular rate. Use mid-priced lodging appropriate for business travels. Exceptions to the maximum allowable lodging rates In the following situations, the maximum allowable lodging amounts may not be adequate, and the City Manager, Council or Mayor may approve payment of lodging expenses that exceed the allowable amount. Approval must be made in advance of the travel. •When costs in the area have escalated for a brief period of time either during special events or disasters. •When lodging accommodations in the area of travel are not available at or below the maximum lodging amount, and the savings achieved from occupying less expensive lodging at a more distant site are consumed by an increase in transportation and other costs. •The traveler attends an event where the traveler is expected to have business interaction with other participants in addition to scheduled events. Further, it is anticipated that maximum benefit will be achieved by authorizing the traveler to stay at the lodging facilities where the meeting, conference, convention, or training session is held. •To comply with provisions of the Americans with Disabilities Act, or when the health and safety of the traveler is at risk. •When meeting room facilities are necessary, and it is more economical for the traveler to acquire special lodging accommodations such as a suite rather than to acquire a meeting room and a room for lodging. Meals The City does not ordinarily reimburse for meal expenditures within a 50 mile radius of the employee’s official station or official residence, however exceptions may be made. All meals will be reimbursed based on the US General Services Administration (GSA) (https://www.gsa.gov/travel/plan-book/per-diem-rates) per diem rates for the area the meal was purchased. If the meal reimbursement is not in conjunction with travel which requires an Moses Lake Council Packet 9-27-22, Page 31 of 82 TRAVEL POLICY & PROCEDURES 9 overnight stay, per IRS regulation this reimbursement will be a taxable fringe benefit and payable on the end of the month payroll. If a represented employee is not in travel status but is eligible for a meal allowance in accordance with their respective Collective Bargaining Agreement, those reimbursements will be processed through payroll. No Travel Request or Travel Expense Form should be completed for these meals as they are outside of the scope of this policy. In the event that an emergency crew must eat at an area establishment, the establishment may direct bill the City or the crew lead worker/supervisor or department administrative assistant may elect to pay for the purchase using a City credit card as long as the cost of the meal does not exceed the individual per diem amount. An itemized receipt must accompany the request for reimbursement and must include the names of all employees who received a meal. The maximum meal allowances are intended to include the basic cost of a meal, any applicable sales tax, and any tip or gratuity not to exceed fifteen percent (15%) of the total cost of the meal. A $5.00 allowance for incidental expenses is included within the per diem rates for the area of travel. Incidental expenses include fees and tips given to porters, baggage carriers, hotel and restaurant staff, flight attendants, and others for personal services performed. For purposes of calculating reimbursement rates, the incidentals allowance will be allocated as follows: $1.00 for breakfast, $1.00 for lunch, and $3.00 for dinner. Per diem rates include the costs of tax and gratuity, and no additional reimbursement is authorized in excess of per diem rates. To be eligible for meal allowances, the employee must be in travel status (see “Travel Status” on page 3) for the entire City-defined meal period(s). The traveler must be in travel status as follows: •Breakfast – at least one hour prior to the traveler’s normally scheduled shift start time. •Lunch – one hour before and/or return one hour after the traveler’s normally scheduled shift lunch period. •Dinner – at least one hour after the traveler’s normally scheduled shift end time. Note: It is not a requirement that the meal be consumed during the meal period, only that the traveler is in official travel status for the entire meal period to qualify for per diem for that particular meal. The employee may not stop for a meal or depart earlier/later than necessary just to meet the meal period requirement. Meal allowances will be reduced by the amount of any meal not related to the travel, provided as part of the event, or paid for by the City through any other means. For these purposes, a meal does not include a complimentary meal served on an airline, or a “continental breakfast” which normally consists of pastries, juice, and coffee. It is expected that the traveler will use meals included in a registration fee. However, constraints such as time, dietary restrictions and/or other circumstances may preclude use of such prepaid meals. In such cases, the GSA per diem rate may be reimbursed by submitting a Travel Expense Report. Employees funded by grants must follow any reimbursement authorization/procedures pursuant to the grant. The employee should familiarize themselves with the granting agencies requirements and adhere closely to them. Example 1: A traveler with a scheduled shift of 8:00 a.m. to 5:00 p.m. attends a conference in Spokane that begins at 8:30 a.m. on Tuesday and ends at 12:00 p.m. on Wednesday. Tuesday’s lunch is included with the registration fee. The employee leaves their home in Moses Lake at 6:30 a.m. on Tuesday and arrives back at City Hall at 3:00 p.m. on Wednesday. The traveler will Moses Lake Council Packet 9-27-22, Page 32 of 82 TRAVEL POLICY & PROCEDURES 10 receive per diem for breakfast and dinner on Tuesday and breakfast and lunch on Wednesday. (Tuesday’s lunch has already been paid for with the registration fee.) Example 2: A traveler with a scheduled shift of 8:00 a.m. to 5:00 p.m. attends a conference in Spokane that begins at 10:00 a.m. on Tuesday and ends at 3:00 p.m. on Wednesday. No meals are included with the registration fee. The employee leaves their home in Moses Lake at 8:00 a.m. on Tuesday and arrives home at 5:00 p.m. on Wednesday. This traveler would receive per diem only for lunch and dinner on Tuesday, and breakfast and lunch on Wednesday. (The employee may not stop for dinner on the way home just to extend their travel time to qualify for the dinner per diem.) Miscellaneous Expenses Telephone and FAX: Charges for telephone and FAX are eligible for reimbursement if City business required such communication. Long distance calls submitted by the traveler for reimbursement must be itemized on the Travel Expense Report form. Personal calls due to emergency circumstances may be submitted for consideration of reimbursement. A sufficient explanation must accompany the Travel Expense Report. Laundry and Valet Service: The actual cost of laundry and/or valet service are allowable expenses when travelers are required to be away from the City for more than six days at one time or the conditions under which they are required to work while away from the City create a more than normal need for such services. Ineligible Expenses Payment for or reimbursement of any of the following expenses is prohibited: •Alcoholic beverages and tobacco •Meals, lodging accommodations or any other expenses for family or guests •Personal telephone calls, except in emergency as stated above •Long distance phone calls from hotel rooms •Travel paid for by any other organizations; •Tips other than for meal service; •Mileage if traveling as a passenger in a privately owned car; •Trip insurance; •Any other personal expense for entertainment, personal grooming, or laundry except as noted above. •Room service or any in-room charges for mini-bar items, movies, etc. •Fines, traffic or parking tickets •Theft or loss of personal items while traveling Cancellations If travel/training is canceled, the Travel Request Form should be voided and returned to the Finance Department as soon as possible with any advanced funds received. When travel costs and/or registration or other fees have been paid by the City on behalf of the employee, and the authorized staff fails, without good cause to attend the event, said staff shall reimburse the City the amount paid by the City. Questions of good cause shall be determined by the Finance Office. Travel Request Form - https://lfweb.cityofml.com/Forms/Travel Travel Expense Report - https://lfweb.cityofml.com/Forms/Travel_Expense_Report Moses Lake Council Packet 9-27-22, Page 33 of 82 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Mayor and City Council 7427 Allison Williams, City Manager Administration 9/27/2022 Consent Agenda Change Orders 17 - 19, Aspect Consulting City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 53,300.00$0.00$53,300.00$ Authorize the City Manager to execute Change Orders 17, 18 and 19 with Aspect Consulting CC17_1801550-General-20220913.docx 45.67KB CC18_20220815_180155.pdf 340.37KB CC19_1801550-WSP.docx 44.93KB In April 2018, the City of Moses Lake entered into a contract with Aspect Consulting to carry out work associated with exploring, acquiring and perfecting water rights for the City. Each year, the City has updated the work through change orders associated with the annual work program. These change orders represent support specifically related to the explorations of the MLIRD water right and potential partnership, support for the city's Water Comprehensive Plan work and ongoing water right acquisition efforts. An additional change order is forthcoming related to support needed for outcomes related needs the city may have related to the EPA Superfund site. These change orders are outside of budgeted funds for 2022 and would require a budget amendment. The change orders are split to reflect three work efforts: support for the water comprehensive plan update, the work progressing on the potential partnership with MLIRD and the work related to acquiring and perfecting water right opportunities for the city's future water supply. Options and Results Staff recommends authorizing the change orders. Moses Lake Council Packet 9-27-22, Page 34 of 82 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. The work will discontinue. Moses Lake Council Packet 9-27-22, Page 35 of 82 Contract Change OFFICE LOCATIONS WASHINGTON: Bainbridge Island | Bellingham | Olympia | Seattle | Wenatchee | Yakima OREGON: Bend | Portland www.aspectconsulting.com Client: City of Moses Lake Attn: Allison Williams P.O. Box 1579 Nises Lake, WA 98837 Date: September 21, 2022 Change No.: 17 Project No. : 180155 Project Name: Moses Lake – Planning and Water Right Acquisition Description of Work Cost Aspect Consulting, LLC (Aspect) has been providing ongoing assistance to the City of Moses Lake on a number of water supply elements. Work to date has included the preparation of a Source Development Plan for the shallow aquifer system, a prioritized list of water supply-related efforts for the City to consider in support of ongoing water rights permitting as well as numerous additional tasks completed on an on-call basis including a review of the water rights associated with the Dune Lake water system, Port of Moses Lake water right review, COML water right review, water right acquisitions and associated permitting (Prchal, Herring and Stredwick), support of efforts to develop wells in the EPA regulated Larson pressure zone, ASR grant application and strategic planning as needed. The intent of this contract change is to provide funding for ongoing tasks related to planning and water right acquisitions. These work task elements are described below. •Ongoing support of “targeted” and opportunistic water rightacquisitions. Aspect has previously identified 82 large water rights(>500 gpm or associated with properties >20 acres) within the City UGA boundary or a 1-mile buffer, and preliminary assessments areunderway. Under this task, Aspect will provide the city a summaryof the preliminary assessment of targeted water rights as well asprovide preliminary research for opportunistic water rights as they become identified, as well as development of purchase and saleagreements as needed. This task assumes ongoing effort and thedevelopment of a Web-based GIS tool to track pertinent details ofthese water rights, and previous water rights reviewed foracquisition by the City. We have budgeted for approximately 100 hours under this task. •Ongoing water right holder outreach - Aspect will finalizepreviously prepared informational letter template for water rightholders within the UGA for City review, incorporate City feedback, personalize letters and mail to water right holders on behalf of theCity, as well as provide initial contact for questions. We havebudgeted for approximately 15 hours under this task. Time and Materials, Not-To-Exceed: Task 005-02: $30,900 Moses Lake Council Packet 9-27-22, Page 36 of 82 Contract Change No. 17 Project No. 180155 Page 2 •Support City on as-needed basis to develop water supply-based planning issues, such as draft ordinances regarding water supplyprioritization and the use of alternate supply sources to provideoffsets to the City’s traditional supply. We have budgeted forapproximately 30 hours under this task. Assumptions Water right support for the full processing of Applications for Change will required additional effort and individual task orders will be prepared once a decision to acquire a water right is finalized. This change amends the contract between Aspect Consulting, LLC and the City of Moses Lake signed April 6, 2018. Except as amended above, all terms and conditions of contract apply to this contract change. ASPECT CONSULTING, LLC a limited liability company By: Printed Name: Daniel R. Haller, PE, CWRE Principal Water Resources Engineer CLIENT By: Printed Name/Date: V:\180155 Moses Lake Water Right Technical Assistance\Contracts\Proposal Material\CC16_20210407_180155.docx Moses Lake Council Packet 9-27-22, Page 37 of 82 Contract Change OFFICE LOCATIONS WASHINGTON: Bainbridge Island | Bellingham | Olympia | Seattle | Wenatchee | Yakima OREGON: Bend | Portland www.aspectconsulting.com Client: City of Moses Lake Attn: Allison Williams P.O. Box 1579 Moses Lake, WA 98837 Date: August 15, 2022 Change No.: 18 Project No. : 180155 Project Name: Moses Lake – Planning and Water Right Acquisition Description of Work Cost Aspect Consulting, LLC (Aspect) has been assisting the City of Moses Lake (City) plan for its future water supply needs. This work has included completing an initial beneficial use analysis and legal review of the Moses Lake Irrigation and Rehabilitation District (MLIRD) water right to better understand the water right standing and how the City may leverage the MLIRD water right for use within their water service area. The intent of this contract change is to modify the scope of work for the remaining budget established under contract Change No. 15 to be in-line with recommendations from the MLIRD/City Planning Coordination and Water Right Review. The tasks proposed under the modified scope include: •Additional Legal Review – Aspect will continue coordinating with TomMcDonald from Cascadia Law Group to further solidify the legallimitations and opportunities associated with the MLIRD water right,including review of the Hansen case and recent Aspect memo. Aspectwill provide additional findings and interpretations to the City. •Continued Beneficial Use Review – Aspect will complete furtheranalysis related to establishing current beneficial use under the MLIRDwater right as discussed in the recent memo. This task will include: •Review of City Water Use data •Review of overlapping municipal water rights •Outreach survey •Interlocal Agreement/Coordination with MLIRD – Aspect will assist asneeded with updates to the City/MLIRD Interlocal Agreement,facilitate a workshop between the City and MLIRD to discuss Aspect’sfindings, and continue to support the City’s efforts to negotiatefavorable management options with MLIRD. •Project Management/Client Communication – Aspect will meet withthe City on an as-needed basis related to ongoing efforts and findings. Assumptions The City will provide monthly water use records for the City water system. This contract change is for scope only, and will be completed within the remaining budget of approximately $15,000 . This change amends the contract between Aspect Consulting, LLC and the City of Moses Lake signed April 6, 2018. Except as amended above, all terms and conditions of contract apply to this contract change. Moses Lake Council Packet 9-27-22, Page 38 of 82 Contract Change No. 18 Project No. 180155 Page 2 ASPECT CONSULTING, LLC a limited liability company By: Printed Name: Daniel R. Haller, PE, CWRE Principal Water Resources Engineer CLIENT By: Printed Name/Date: V:\180155 Moses Lake Water Right Technical Assistance\Contracts\Proposal Material\CC18_20220815_180155.docx Moses Lake Council Packet 9-27-22, Page 39 of 82 Contract Change OFFICE LOCATIONS WASHINGTON: Bainbridge Island | Bellingham | Olympia | Seattle | Wenatchee | Yakima OREGON: Bend | Portland www.aspectconsulting.com Client: City of Moses Lake Attn: Allison Williams P.O. Box 1579 Nises Lake, WA 98837 Date: September 21, 2022 Change No.: 19 Project No. : 180155 Project Name: Moses Lake – Planning and Water Right Acquisition Description of Work Cost Aspect Consulting, LLC (Aspect) has been providing ongoing assistance to the City of Moses Lake (City) on a number of water supply elements. Work to date has included the preparation of a Source Development Plan for the shallow aquifer system, a prioritized list of water supply-related efforts for the City to consider in support of ongoing water rights permitting as well as numerous additional tasks completed on an on-call basis including a review of the water rights associated with the Dune Lake water system, Port of Moses Lake water right review, COML water right review, water right acquisitions and associated permitting (Prchal, Herring and Stredwick), support of efforts to develop wells in the EPA regulated Larson pressure zone, ASR grant application and strategic planning as needed. The City hired RH2 Engineers to complete their water system plan update and has requested that Aspect provide support related to the water rights and alternative water supply components of the plan. Under this proposed scope, Aspect proposes to complete the following tasks: •Meetings with RH2 and City. We have budgeted for approximately8 hours under this task. •Review water right description. We have budgeted forapproximately 4 hours under this task. •Assist with completing water right self-assessment. We havebudgeted for approximately 10 hours under this task. •Provide text related to augmentation of the City’s existing watersupply with alternative sources such as M&I contract water from the irrigation district infrastructure, Artificially Stored Groundwater,MLIRD water, and collaboration with Port of Moses Lake to utilizetheir existing water rights. We have budgeted for approximately 10hours under this task. Time and Materials, Not-To-Exceed: 005-04: $7,400. This change amends the contract between Aspect Consulting, LLC and the City of Moses Lake signed April 6, 2018. Except as amended above, all terms and conditions of contract apply to this contract change. Moses Lake Council Packet 9-27-22, Page 40 of 82 Contract Change No. 17 Project No. 180155 Page 2 ASPECT CONSULTING, LLC a limited liability company By: Printed Name: Daniel R. Haller, PE, CWRE Principal Water Resources Engineer CLIENT By: Printed Name/Date: V:\180155 Moses Lake Water Right Technical Assistance\Contracts\Proposal Material\CC16_20210407_180155.docx Moses Lake Council Packet 9-27-22, Page 41 of 82 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Mayor and City Council 7434 Allison Williams, City Manager Administration 9/27/2022 Consent Agenda Herring Water Rights PSA Second Addendums City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 1,530,000.00$1,530,000.00$0.00$ Council approval of Second Addendums to the Herring Water Rights PSAs. Herring PSA addendum 765-D.docx 19.93KB Herring PSA addendum 766-D.docx 18.77KB The City has been working to develop new sources in the shallow Moses Lake aquifer to build source redundancy as a hedge against long-term reliability issues in the deep Moses Lake aquifer that currently supplies the City. This strategy included confirmation of authority of long-standing City water right claims (process completed with Ecology with Aspect Consulting staff work) and purchasing and transferring existing water rights in that aquifer. City Council has approved a series of water right acquisitions in 2020 and 2021, and the water rights described below, with purchase and sale agreements executed in early 2021 are still in process with Ecology: 1. Herring PSA #1: The City plans to purchase up to 274.5 afy at $2,500 / afy of Cerficate 766(D) for a total purchase price of $686,250 2. Herring Farm NWQ, LLC: The City plans to purchase up to 337.5 afy at $2,500 / afy of Cerficate 765(D) for a total purchase price of $843,750 In working through the Seller's ability to provide clear tle, Ecology has determined a poron of the water rights being acquired could be subject to appeal. Ecology has stated that in order to move forward the City/Seller would have to cover all of Ecology's costs related to any appeals. As a result, Second Addendums have been negoated that, should certain porons of the water rights be appealed, those porons can be removed from the purchase in order to close on the remainder. The Addendums also extend the me for closing. Moses Lake Council Packet 9-27-22, Page 42 of 82 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: The purchases have been budgeted in the 2022 budget. Options and Results Staff recommends Council approval of the Second Addendums. Staff will bring back options for recommended changes. The purchase will not move forward. Moses Lake Council Packet 9-27-22, Page 43 of 82 SECOND ADDENDUM TO WATER RIGHT PURCHASE AND SALE AGREEMENT This Second Addendum to the Water Right Purchase and Sale Agreement dated December 23, 2020 (herein, “Agreement”) regarding Department of Ecology Water Right Certificate 765-D is made and entered into effective September ___, 2022 (”Effective Date”) by and between Herring Farm NWQ, LLC, a Washington limited liability company ("Seller"), and the City of Moses Lake, Washington, a municipal corporation (“the City” or “Moses Lake” or “Buyer”). In consideration of the mutual promises and obligations set forth herein, the parties agree with the following statements and agree to amend the Agreement as follows: 1.Seller acknowledges and states that it has not provided clear title to the water rights as is required pursuant to Section 8 of the Agreement. 2.The City performed its due diligence responsibilities and, in doing so, has incurred additional costs and expenses not originally anticipated because of Seller’s inability to provide clear title. 3.The City is willing to initiate the CRA process to pursue purchase of the water rights despite Seller’s inability to provide clear title, provided that sufficient funds from the purchase price as identified below are withheld by the City to cover any costs associated with any third-party appeal of the sale and transfer of the water rights. 765-D (Southern Water Right) Parcel No. Owner Irrigated Acres Acre-feet % Holdback Price 121996000 Lewis 0.6 2.1 1.5% $ 5,250 161412007 Hubbard 0.4 1.4 1.0% $ 3,500 161412012 Phillips 0.5 1.8 1.2% $ 4,375 121995000 Laskowski 0.4 1.4 1.0% $ 3,500 121994000 Bazal 4.0 14.0 9.7% $ 35,000 121993000 Borchert 4.2 14.7 10.2% $ 36,750 121992000 Pruneda 5.3 18.6 12.9% $ 46,375 121991000 Wilson 4.3 15.1 10.5% $ 37,625 Total 19.7 69.0 47.9% $ 172,375 For illustration, if an appeal is filed regarding the sale and transfer of the water rights associated with Parcel 121996000, the City would hold back $5,250.00 from the overall purchase price pending resolution of the appeal. If the appeal is resolved in favor of Seller, the City would release the $5,250.00 to Seller upon final decision of the appeal. 4.Seller shall proceed to Closing for the sale and transfer of all water rights not the subject of any appeal and the purchase price shall be adjusted pursuant to the above schedule accordingly. Moses Lake Council Packet 9-27-22, Page 44 of 82 5. Seller and the City agree that the Closing Date for the purchase of these water rights shall be extended to no later than ____________, 20__. All other provisions of the Agreement shall remain in effect. Moses Lake Council Packet 9-27-22, Page 45 of 82 In Witness Whereof, the parties hereto execute the Addendum to be effective on the Effective Date stated above. BUYER SELLER _____________________________ ________________________________ By: Allison Williams, City Manager By: Dan Herring, owner ________________________________ By: Robin Herring, owner Moses Lake Council Packet 9-27-22, Page 46 of 82 STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that Robin Herring of Herring Farm, NWQ, LLC is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as Owner and acknowledged it to be her free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:_____________________, 2022. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that Dan Herring of Herring Farm, NWQ, LLC is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as Owner and acknowledged it to be his free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:_____________________, 2022. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ Moses Lake Council Packet 9-27-22, Page 47 of 82 STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that Allison Williams is the person who appeared before me and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as City Manager of 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:_____________________, 2022. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ Moses Lake Council Packet 9-27-22, Page 48 of 82 SECOND ADDENDUM TO WATER RIGHT PURCHASE AND SALE AGREEMENT This Second Addendum to the Water Right Purchase and Sale Agreement dated December 23, 2020 (herein, “Agreement”) regarding Department of Ecology Water Right Certificate 766-D is made and entered into effective September ___, 2022 (”Effective Date”) by and between Herring Farm NWQ, LLC, a Washington limited liability company ("Seller"), and the City of Moses Lake, Washington, a municipal corporation (“the City” or “Moses Lake” or “Buyer”). In consideration of the mutual promises and obligations set forth herein, the parties agree with the following statements and agree to amend the Agreement as follows: 1.Seller acknowledges and states that it has not provided clear title to the water rights as is required pursuant to Section 8 of the Agreement. 2.The City performed its due diligence responsibilities and, in doing so, has incurred additional costs and expenses not originally anticipated because of Seller’s inability to provide clear title. 3.The City is willing to initiate the CRA process to pursue purchase of the water rights despite Seller’s inability to provide clear title, provided that sufficient funds from the purchase price as identified below are withheld by the City to cover any costs associated with any third-party appeal of the sale and transfer of the water rights. 766-D (Northern Water Right) Parcel No. Owner Irrigated Acres Acre-feet % Holdback Price 121999000 McClelland/Light 0.2 0.7 0.3% $ 1,750 121998000 Vargas 0.8 2.8 1.1% $ 7,000 121997000 Wilson 1.8 6.3 2.5% $ 15,750 Total 2.8 9.8 4.0% $ 24,500 For illustration, if an appeal is filed regarding the sale and transfer of the water rights associated with Parcel 121999000, the City would hold back $1,750.00 from the overall purchase price pending resolution of the appeal. If the appeal is resolved in favor of Seller, the City would release the $1,750.00 to Seller upon final decision of the appeal. 4.Seller shall proceed to Closing for the sale and transfer of all water rights not the subject of any appeal and the purchase price shall be adjusted pursuant to the above schedule accordingly. 5.Seller and the City agree that the Closing Date for the purchase of these water rights shall be extended to no later than ____________, 20__. All other provisions of the Agreement shall remain in effect. Moses Lake Council Packet 9-27-22, Page 49 of 82 In Witness Whereof, the parties hereto execute the Addendum to be effective on the Effective Date stated above. BUYER SELLER _____________________________ ________________________________ By: Allison Williams, City Manager By: Dan Herring, owner ________________________________ By: Robin Herring, owner Moses Lake Council Packet 9-27-22, Page 50 of 82 STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that Robin Herring of Herring Farm, NWQ, LLC is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as Owner and acknowledged it to be her free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:_____________________, 2022. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that Dan Herring of Herring Farm, NWQ, LLC is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as Owner and acknowledged it to be his free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:_____________________, 2022. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ Moses Lake Council Packet 9-27-22, Page 51 of 82 STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that Allison Williams is the person who appeared before me and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as City Manager of 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:_____________________, 2022. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ Moses Lake Council Packet 9-27-22, Page 52 of 82 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: Allison Williams, City Manager 7407 Kirsten Sackett, Director Community Development 9/27/2022 Consent Agenda ESG-CV Contract Extension City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Staff recommends City Council authorize the City Manager to execute contract amendments with Grant County and HopeSource. Amendment to Subrecipient Agreement.pdf 66.49KB ESG-CV HopeSource RRH Fourth Amendment.docx 14.36KB Since 2020, the City of Moses Lake has received Emergency Solutions Grant Covid-19 funding which will total $1,521,372.83 to be used for our Homeless Housing Program. The funds have covered expenses for Sleep Center operations and case managment, Moses Lake Enhanced Shelter operations and case management, Rapid Re-housing case management and rental assistance, Homelessness Prevention case management and rental assistance, HMIS, outreach, and administrative costs. Initially, the term of this grant ended September 30, 2022, but it has now been extended to September 30, 2023. The City needs to amend its contract with Grant County to extend the time of performance to fully utilize the funding. Additionally, the City sub-contracts with HopeSource to provide services using ESG-CV funds, so the City must amend that contract as well. The City will have more time to utilize all grant funds for our Homeless Housing Program. Options and Results The City's ESG-CV contracts with both Grant County and HopeSource will extend until September 30, 2023. Staff will bring back options for recommended changes. Moses Lake Council Packet 9-27-22, Page 53 of 82 No Action Taken: The City's current contracts with Grant County and HopeSource end September 30, 2022. The City would have to relinquish funding or spend it all by the end of the month. Moses Lake Council Packet 9-27-22, Page 54 of 82 Moses Lake Council Packet 9-27-22, Page 55 of 82 FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF MOSES LAKE, WASHINGTON, AND HOPESOURCE FOR ENHANCED SHELTER MANAGEMENT & UTILIZATION OF COVID-19 EMERGENCY SOLUTION GRANT FUNDS Preamble. This is the fourth amendment to the Agreement for Enhanced Shelter Management and Utilization of COVID-19 Emergency Solution Grant Funds effective May 12, 2021 (“Agreement”), by and between HopeSource, a Washington nonprofit corporation, and the City of Moses Lake, a municipal corporation (City), and this amendment is effective _________________, 2021. I.Amendments. A.Section II, “Time of Performance”, is amended to read as follows: Services of the Sub-Grantee shall start no earlier than the 1st day of April 2021 and end on September 30, 2023. The term of this Agreement and the provisions herein may be extended at the City’s discretion to cover any additional time period during which grant funds remain unspent, the funded project has not been completed, and/or the minimum level(s) of program services have not been met. II. All other terms and conditions of that May 12, 2021 Agreement shall remain unchanged. IN WITNESS WHEREOF, HopeSource, and the City of Moses Lake have hereunto set their hands and seals this ______ day of _______________, 2021. CITY OF MOSES LAKE, WASHINGTON HOPESOURCE __________________________ _________________________ Allison Williams, City Manager Susan Grindle, CEO Moses Lake Council Packet 9-27-22, Page 56 of 82 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Allison Williams, City Manager 7414 Richard Law, PE Municipal Services 9/27/2022 Consent Agenda Project Acceptance for the Miscellaneous COF Upgrades (GC2021-045) City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 545,180.26$576,216.46$0.00$ Staff recommends City Council motion to accept the Miscellaneous COF Upgrades Project (GC2021-045). GC2021-045 Miscellaneous COF Upgrades Pay Estimate #6 FINAL.pdf 1.48MB Mass X Construction has completed the work for the Miscellaneous COF Upgrades Project and the work is ready for acceptance. The project included underground wastewater force main work, a water main extension, a catch basin, drain, and underground electrical conduit installation. It also included the demolition of an old headworks building that was occupying valuable space. A concrete retaining wall was installed, old obsolete hydrants were replaced with two new water hydrants, new electrical cabinets were installed, damaged portions of a chain link fence and gate were replaced, new gravel was installed on the west side of the property, and part of the parking lot was graded and repaved. Some abandoned underground pipe associated with the old headworks building was also uncovered and removed. The engineer's estimate for the work was $576,216.46 and the lowest bid amount for this project was $531,502.54. The final total cost for the work is $545,180.26. The additional amount exceeding the bid was due to unexpected concrete discovered in the ground that interfered with the work, the need to remove and replace portions of a concrete slab to access the 6" wastewater force main, and some additional amounts of crushed surface top course and HMA paving that were required to successfully complete the project. Upon acceptance, the City will enter into the 60-day lien period as required by Washington State Law. Options and Results Staff will send a Notification of Acceptance to the contractor and the 60-day lien period will begin. Moses Lake Council Packet 9-27-22, Page 57 of 82 Provide Amended Direction: No Action Taken: Staff will consider options for the recommended changes. The project will not be accepted at this time. Moses Lake Council Packet 9-27-22, Page 58 of 82 9/19/2022Moses Lake Council Packet 9-27-22, Page 59 of 82 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Allison Williams, City Manager 7437 Richard Law, City Engineer Municipal Services 9/27/2022 Consent Agenda Ordinance 3013 No Parking on Nelson Road Adjacent to New Pedestrian Path City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Adopt Ordinance 3013 to restrict parking on the north side of Nelson Road from Highway 17 to Moses Lake Avenue. Nelson Road Path.pdf 348.79KB No Parking Ammendment.docx 22.24KB Earlier this month the asphalt pedestrian path was constructed from Lakeland Avenue to Moses Lake Avenue to provide a safe walking surface for pedestrians to connect the Lakeland neighborhood to Moses Lake Avenue and the new elementary school. Shortly after the path was completed it was observed that cars were being parked on the new path. Currently there is not enough space for a car to park on the side of the road and not impact usability of the new pedestrian path. It is therefore recommended that parking in this section of road adjacent the path be restricted. If approved, City Staff will place no parking signs along the edge of the path to protect it from cars being parked there and forcing the pedestrians back to the shoulder of the roadway. None Options and Results No parking signs will be posted adjacent to the new pedestrian path. Staff will bring back options for recommended changes. Parking will be permitted adjacent to the new pedestrian path.Moses Lake Council Packet 9-27-22, Page 60 of 82 Moses Lake Council Packet 9-27-22, Page 61 of 82 NO PARKING ADJACENT TO PEDESTRIAN PATH Moses Lake Council Packet 9-27-22, Page 62 of 82 ORDINANCE NO. ????3013 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE CHAPTER 10.12 TITLED "PARKING REGULATIONS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Subsection 10.12.035(A) of the MLMC titled "Restricted Parking Areas" is amended to add the additional language as follows: A.Prohibited Parking: Parking is prohibited at all times on the following named streets: Street Limits … Nelson Road Highway 17 to Moses Lake Avenue, north side … Section 3. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary a as provided by law. Adopted by the City Council and signed by its Mayor on September 27, 2022. ________________________________________ Don Myers, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Vote: Date Published: <Monday after Council>October 3, 2022 Date Effective: (Saturday/5 days later unless otherwise regulated)October 8, 2022 Moses Lake Council Packet 9-27-22, Page 63 of 82 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Allison Williams, City Manager 7417 Richard Law, City Engineer Municipal Services 9/27/2022 Consent Agenda Municipal Water Easement Abandonment - Walmart City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Motion to abandon a portion of a Municipal Watermain Easement. Waterline Abandonment.pdf 971.66KB Walmart Waterline Abandonment- Resolution x.doc 24.5KB Walmart has constructed an addition to the southwest corner of their building. As part of the work, the adjacent municipal watermain needed to be relocated to accommodate the increased building footprint. This action will abandon the easement over the former watermain location. None Options and Results Staff will execute the waterline abandonment. Staff will bring back options for recommended changes. Easement will remain as-is. Moses Lake Council Packet 9-27-22, Page 64 of 82 2175 W. 3000 S, Suite 200, Heber City, UT 84032 | Phone (435) 315-3168 Fax (509) 319-2590 info@to-engineers.com to-engineers.com Aviation | Transportation | Land Development | Municipal | Water Resources | Wastewater | Surveying | Landscape Architecture | Environmental | Geospatial EXHIBIT “A” Municipal Water Easement Abandonment Legal Description Vacating a portion of a municipal water easement as shown within lot 1 of the Wal- Mart Stores Addition No. 2 Major Plat, recorded in Volume 21 of Plats on Pages 68- 70 records of Grant County, Washington; Auditor’s File # 1107480; and within a portion of the NW 1/4 of section 14, Township 19N, Range 28E, W.M., city of Moses Lake, Grant County, WA: Said portion of a municipal water easement being a strip of land 20 feet in width with the centerline of which being described as follows: Commencing at the northwest corner of said lot 1 monumented with a PK nail and washer marked LS #11691 as shown on said Plat; Thence South 89°58’15” East (Plat Bearing) along the north property line of said lot 1 and line extended 978.34 feet; thence South 0°01’45” West 557.28 feet to a point on the centerline of said municipal water easement being the Point of Beginning. Thence along said centerline the following (3) courses: North 89°47'53" West 14.80 feet and North 52°26'26" West 13.38 feet and North 89°54'58" West 165.48 feet to the Point of Terminus. Subject to: Any existing easements, rights, reservations, restrictions, covenants, or conditions. Containing 0.089 acres more or less. See attached exhibit “B” Moses Lake Council Packet 9-27-22, Page 65 of 82 NORTH 1/16TH CORNER COMMONTO SECTIONS 14 AND 15BOUNDARY LINEOF LOT 1LOT 1AS SHOWN ON THE WAL-MARTSTORES ADDITION NO. 2MAJOR PLAT RECORDED INBOOK 21 OF PLATS PAGE 68(PLAT)101115141514LOCATED WITHIN LOT 1 OF THE WAL-MART STORES ADDITION NO.2MAJOR PLAT BEING IN A PORTION OF THE N.W. 1/4 OF SECTION 14,TOWNSHIP 19 NORTH, RANGE 28 EAST, WM,MOSES LAKE, GRANT COUNTY, WALEGAL DESCRIPTION EXHIBIT "B" FOR THE ABANDONMENTOF AN EXISTING MUNICIPAL WATER EASEMENT1250125250LEGENDSECTION CORNERQUARTER CORNEREXISTING MUNICIPALWATER EASEMENT ASSHOWN ON WALMARTSTORES ADDITION NO.2 MAJOR PLAT, TO BEVACATED101115141514P.O.B.P.O.T.ABBREVIATIONSP.O.B.=POINT OF BEGINNINGP.O.C.=POINT OF COMMENCEMENTP.O.T.=POINT OF TERMINUSE-FILE:DATE:JOB:2175 W. 3000 S., SUITE 200HEBER CITY, UT 84032FAX: (208) 762-3708PHONE: (435) 315-3168P:\220020\50_SURVEY09/02/202222002022010826Moses Lake Council Packet 9-27-22, Page 66 of 82 RESOLUTION 3917 A RESOLUTION AUTHORIZING THE ABANDONMENT OF A MUNICIPAL WATERMAIN EASEMENT RECITALS: 1. Walmart has constructed an addition to the southwest corner of their building. 2. As part of the construction, the adjacent municipal watermain needed to be relocated. 3. The easement abandonment is for the portion of watermain that was relocated. RESOLVED: 1. The City of Moses Lake, Washington, authorizes the abandonment of a portion of a municipal watermain easement. Adopted by the City Council on September 27, 2022. _____________________________ Don Myers, Mayor ATTEST: __________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 9-27-22, Page 67 of 82 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Mayor and City Council 7413 Allison Williams, City Manager Administration 9/27/2022 New Business Council Rules of Procedure Review City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Action Requested Review and provide requested updates to staff. Packet Attachments (if any) Overview The Council has the authority to adopt home rules to assist in the consistent, efficient, and transparent process to carry out their role as an elected official. The first action of Council to establish prerequisites for the appointment of Mayor and Deputy Mayor took place on December 22, 2015, with the adoption of Resolution 3584 that required the positions be filled by senior members of the Council. Council repealed that decision and amended the criteria for the Mayor to have two years experience on Council and one year experience for the Deputy Mayor. The first Rules of Governance were adopted on March 8, 2016, by Resolution 3597 which included the same prerequisites as Resolution 3584. The codified version was intended to remove redundant and obsolete reference to state statues and to consolidate the standards for Moses Lake’s government practices in a single document into a comprehensive collection of state regulations, local meeting rules, coordinated procedures, administrative references, and public hearing procedures related to the Council/Manager form of local government. The elimination of the prerequisite for selecting Mayor and Deputy Mayor was not intentional and Council voted to correct the rules on November 9, 2021. The rules were formally changed in the Code by the adoption of Ordinance 2994 on November 23, 2021. Fiscal and Policy Implications N-A MLMC 2.08.020 Moses Lake Council Packet 9-27-22, Page 68 of 82 OPTIONS AND RESULTS Approve, Authorize, or Adopt: Staff will bring back requested changes for formal adoption. Provide Amended Direction: . No Action Taken: . Moses Lake Council Packet 9-27-22, Page 69 of 82 2.08.020 Council Representation | Moses Lake Municipal Code Page 1 of 1 The Moses Lake Municipal Code is current through Ordinance 2999, passed January 25, 2022. 2.08.020 Council Representation: A. Council will accept nominations and elect the positions of Mayor and Deputy Mayor at the first meeting of even numbered years, or upon resignation of said positions. Each member of the City Council shall be permitted to nominate one (1) person who has previously served for a minimum of two (2) years on the Council and nominations shall not require a second. A nominee who wishes to decline the nomination shall so state at this time. Nominations are then closed. B. The Mayor shall have no regular administrative duties, but in time of public danger or emergency, if so authorized by the City Council, shall take command of the police, maintain law, and enforce order. C. Council members are issued an electronic device for access to electronic documents and City email accounts and are subject to follow the electronic device, network usage, personal use of City-owned property, and social media employee policies. D. All Council members shall represent the City and their position in an appropriate professional manner. E. If a Council member appears on behalf of the City before another governmental agency, another organization, through the media or otherwise, and speaks to an issue on which the Council has taken a position, the Council member will state the majority position of the Council, if known, on such issue. Personal opinions and comments which differ from the Council majority may be expressed if the Council member clearly states that these statements do not represent the Council’s position. Any correspondence with the media shall be communicated to all members of the Council and City Manager. F. Operating as a Council-Manager form of government, the City Manager is tasked with carrying out the policy direction and work of the City Council through the direction of the department directors. Council members may access department directors when there is a question about a project or more in-depth information is needed on a topic; however, the direction of work should come through the City Manager. (RCW 35A.13.120.) (Ord. 2994, 11/23/21; Ord. 2972, 5/25/21) Moses Lake Council Packet 9-27-22, Page 70 of 82 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Allison Williams, City Manager 7352 Richard Law PE Municipal Services 9/27/2022 New Business Walters Short Plat Sewer Covenant City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Staff recommends City Council approve the covenant as presented. Map Materials P22-0214.pdf 4.65MB Walters Short Plat.pdf 1020.11KB Walters Covenant.pdf 154.19KB The Walters Short Plat is a four-lot short plat located outside the City Limits but inside the urban growth area. Due to the proposed plat being located in the UGA, Grant County Planning requested the City provide comments on the project. City staff recommended the applicant covenant for the sewer and roadway improvements required by the plat. The City of Moses Lake is not the water purveyor for the area where the property is located. Fiscal and Policy Implications The Moses Lake Municipal Code states City Council determines if a covenant is necessary. Options and Results Approve, Authorize, or Adopt: Staff will prepare a covenant for improvements on the Walter Short Plat Provide Amended Direction: Staff will make the requested changes and bring the motion back to Council for review. No Action Taken: The Walters Short Plat will be filed without the covenant for improvements. Moses Lake Council Packet 9-27-22, Page 71 of 82 Moses Lake Council Packet 9-27-22, Page 72 of 82 Moses Lake Council Packet 9-27-22, Page 73 of 82 Moses Lake Council Packet 9-27-22, Page 74 of 82 Moses Lake Council Packet 9-27-22, Page 75 of 82 Return Address: Development Engineering City of Moses Lake PO Box 1579 Moses Lake, WA 98837 COVENANT AND AGREEMENT FOR DEFERRAL OF IMPROVEMENTS With L.I.D. Waiver THIS AGREEMENT made and entered into on the _____ day of ________________, 20__, by and between the City of Moses Lake, a municipal corporation of the State of Washington, hereinafter referred to as “City”, and Joe Sabedra hereinafter referred to as “Property Owner(s)”, WITNESSETH: WHEREAS, the Property Owner(s) is (are) the owner(s) of real property in the City of Moses Lake, County of Grant, State of Washington, located at Parcel # 170874000 Preliminary Walters BLA, Moses Lake, Grant County, Washington, and described as and shown on Exhibit A, attached hereto; and, WHEREAS, The Property Owner(s) has caused the Premises to be platted, or has purchased the Premises which were platted, under the jurisdiction of Grant County, Washington, within the City of Moses Lake’s Urban Growth Area. In connection with that platting, the Premises lack sufficient infrastructure and improvements as required by the City Municipal Codes (MLMC). The Premises have since been annexed into the City of Moses Lake’s corporate limits; and WHEREAS, The Property Owner(s) now desires to develop the Premises by subdividing an existing parcel into three parcels. Pursuant to MLMC 16.02.110, the Premises and underlying plat are deemed insufficient. Property within the City which was platted without the provision for traffic improvements to the Stratford Road corridor, shall be deemed to be unplatted for purposes of the issuance of any development permit or building permit. Such lots may be permitted to develop upon the installation of city-required infrastructure, upon the posting of security in an amount approved by the city to ensure the future construction of the required improvements, or upon a grant by the City Council for a waiver, deferral, or deviation from or of the requirement to install improvements; and WHEREAS, in connection with the improvement or development of such property, future traffic improvements to the Stratford Road corridor as deemed necessary by the development at that time, would need to be made or otherwise provided for; and, WHEREAS, the Property Owner(s) desire(s) to defer those future traffic improvements to the Stratford Road corridor as deemed necessary by the development to a later time, and has (have) requested agreement by the City for such deferral; and, Moses Lake Council Packet 9-27-22, Page 76 of 82 WHEREAS, it is the desire of the Property Owner(s) that the terms upon which certain improvements will be required in the future to be placed upon the premises shall become covenants running with the land and shall be binding upon the land and all present and subsequent owners and persons dealing with the same. NOW THEREFORE, based upon good and valuable consideration, the sufficiency of which is hereby acknowledged, IT IS AGREED as follows: 1. PROPERTY OWNER(S) WAIVER AND ACKNOWLEDGMENT REGARDING DELAY OF IMPROVEMENTS Property Owner acknowledges that the Premises are insufficiently platted pursuant to MLMC 16.02.110. Property Owner, on behalf of Property Owner and Property Owner’s heirs, successors and assigns, hereby waives any right to assert any and all present and future claims against the City, whether known or unknown, for any loss or damage occurring either on or off the Property, including without limitation personal injury, death, property damage, and loss of use by reason of or arising out of issuance of any permit or approval by the City for development or alteration of the Premises. In connection with this agreement, and in connection with the development and/or improvement to the land of the Property Owner(s), the City agrees to allow the Property Owner(s) to delay the making, constructing, installing and providing for the future traffic improvements to the Stratford Road corridor as deemed necessary by the development at that time identified and set forth in paragraph 4 of this Agreement 2. CONSTRUCTION OF IMPROVEMENTS The Property Owner(s) hereby agree and covenant that he/she/they shall construct or caused to be constructed the deferred improvements described below at his/her/their expense upon determination by the City of Moses Lake that the improvements have become necessary, or in event the City determines to construct the improvements as part of a public works project, then the property owner, or owners, shall make payment to the City of Moses Lake of the pro-rata share of the cost of the project, including but not limited to engineering, construction, inspection and other project related expenses, which benefits the property of the Property Owner(s), described on Exhibit “A” attached hereto and incorporated herein by this reference. In the event that said property is subdivided in the future, the Property Owner(s) agree to include as a condition of sale and/or a restrictive covenant the condition that the obligations to make, construct, install or provide for the future traffic improvements to the Stratford Road corridor as deemed necessary by the development at that time, identified and set forth in paragraph 4, below, shall apply to the subdivisions and future sales of portions of the property identified on Exhibit “A”, and that the aforesaid pro-rata fair share of each portion of the property shall be computed by dividing the total assessment applicable to the original parcel amongst the subdivided lots on an area basis. It is further provided that in consideration of the benefits hereof, should the City wish to pursue the identified improvements through a Local Improvement District (LID) project, the Property Owner(s) hereby waive(s) all rights to protest the formation of such LID for the construction of Moses Lake Council Packet 9-27-22, Page 77 of 82 said improvements. For purposes of this Instrument, “rights of protest” shall mean only those formal rights to protest contained within the LID statutes, except, however, nothing herein shall constitute a waiver by the Property Owner(s) or the heirs, assigns or successors in interest of the Property Owner(s), of the right to object to the individual assessment amount or to appeal to the Superior Court for the County in which the property is located the decision of the Council affirming the final assessment role, which rights are specifically preserved. The determination of the City of Moses Lake shall be conclusive. 3. NOTICE AND TIME OF CONSTRUCTION The obligation of the Property Owner(s) to make, construct, install and provide for the future traffic improvements to the Stratford Road corridor as deemed necessary by the development at that time, described and set forth in paragraph 4, below, shall arise upon not less than thirty (30) days prior written notice to the Property Owner(s) by the City. The time by which the Property Owner(s) shall make, construct, install or provide for said improvements shall be not later than six (6) months after the written notice by the City. If the Property Owner(s) fail to make, construct, install or provide for the improvements, or otherwise arrange for the construction and installation of such improvements, then the City shall be entitled and authorized to make, construct, install or provide for such improvements and bill the Property Owner(s) for the costs incurred in connection therewith. Any such billing by the City to the Property Owner(s) shall be paid by the Property Owner(s) within sixty (60) days of the billing, unless other arrangements are made in advance. 4. DESCRIPTION OF IMPROVEMENTS The improvements to be included in connection with this agreement shall be as follows: The half-width construction of Morgan Road and Potato Hill Road for the full frontage of Walters Short Plat (Walters BLA). Improvements shall include sewer, street, curb, sidewalk, and stormwater installation. Or pay to the city the cost of these improvements when completed by others. Construction Standards: These improvements shall be designed and constructed to current city standards at the time of construction. 5. NONEXCLUSIVE REMEDIES In addition to any and all other remedies available to the City, at law or in equity, if the Property Owner(s) fail to make, construct, install or provide for the improvements, or otherwise arrange for the construction and installation of such improvements, then the City shall be entitled and authorized to make, construct, install or provide for such improvements and bill the Property Owner(s) for the costs incurred in connection therewith, and/or file a lien on the property of the Property Owner(s) for the amount of the City’s full costs and expenses therefor, and enforce the lien in accordance with legal process. Any such billing by the City to the Property Owner(s) shall be paid by the Property Owner(s) within sixty (60) days of the billing, unless other arrangements are made in advance. Moses Lake Council Packet 9-27-22, Page 78 of 82 6. BINDING ON HEIRS, ASSIGNS This agreement shall be binding on the heirs, assigns and successors in interest of the parties hereto, and all other persons claiming an interest in the premises or any portion thereof, and the obligations hereunder shall run with the land described in Exhibit “A”. The liability for the cost of the installation of the improvements, the construction of which is delayed by this agreement, is joint and several to the entire premises and any lots, tracts, parcels, or divisions of the premises. 7. CONSTRUCTION AND VENUE This agreement shall be construed in accordance with the laws in the State of Washington. In the event of any litigation regarding the construction or effect of this agreement, or the rights of the parties to this agreement, it is agreed that venue shall be in Grant County, Washington. 8. ENFORCEMENT In the event of enforcement action by the City, the City shall be entitled to recover all costs of litigation including but not limited to the costs of title searches, service of process, discovery, and disposition costs, and all actual attorney's fees incurred before, during and after trial, including appeals. 9. INDEMNITY To the full extent of Property Owner’s negligence and the full extent of the negligence of Property Owner’s heirs, successors and assigns, as well as the negligence of agents and employees of any of the above, Property Owner, on behalf of Property Owner and Property Owner’s heirs, successors and assigns, agrees to indemnify, hold harmless and defend the City and its officers, agents and employees from and against any and all claims, losses, costs and damages including without limitation personal injury, death, property damage, loss of use, and attorneys’ fees, arising out of or relating to the City’s involvement in permit issuance, inspection, or approval of any development or alteration of the Premises, and caused by or resulting from the concurrent negligence of the City or the City’s agents or employees, and: (a) Property Owner or Property Owner’s agents or employees; (b) Property Owner’s heirs, successors or assigns; (c) the agents or employees of Property Owner’s heirs, successors or assigns; or (d) any combination thereof. Property Owner, on behalf of Property Owner and Property Owner’s heirs, successors and assigns, agrees to indemnify, hold harmless and defend the City and its officers, agents and employees from and against any and all claims, losses, costs and damages, including without limitation personal injury, death, property damage, loss of use, and attorneys’ fees, arising out of or relating to the City’s involvement in permit issuance, inspection, or approval of any development or alteration of the Property, and caused by or resulting from the non-concurrent negligence of the City or the City’s agents or employees, and: (a) Property Owner or Property Owner’s agents or employees; (b) Property Owner’s heirs, successors or assigns; (c) the agents or employees of Property Owner’s heirs, successors or assigns; or (d) any combination thereof. Property Owner, on behalf of Property Owner and Property Owner’s heirs, successors and assigns, agrees to indemnify, hold harmless and defend the City and its officers, agents and employees from and against any and all claims, losses, costs and damages, including without limitation personal injury, death, property damage, loss of use, and attorneys’ fees, and caused by or resulting from the Moses Lake Council Packet 9-27-22, Page 79 of 82 negligence of any and all persons and entities involved in the design, construction, or maintenance of improvements to the Property, other than: (a) Property Owner and Property Owner’s agents and employees; (b) Property Owner’s heirs, successors and assigns; and (c) the agents or employees of Property Owner’s heirs, successors or assigns. Nothing in this Section is intended to require indemnification of the City for damages or other losses caused by or resulting from the sole negligence of the City, its agents or employees. Property Owner, on behalf of Property Owner and Property Owner’s heirs, successors and assigns, specifically and expressly agrees to waive Property Owner’s and Property Owner’s heirs’, successors’ and assigns’ immunity under industrial insurance, Title 51 of the Revised Code of Washington, to the extent necessary to provide the City with a full and complete indemnity from claims made by employees of Property Owner or Property Owner’s heirs, successors and assigns. Property Owner, on behalf of Property Owner and Property Owner’s heirs, successors and assigns, specifically and expressly agrees that such waiver of immunity was mutually negotiated by the parties. 9. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties with respect to the matters set forth herein and any prior or contemporaneous understandings are merged herein. This contract shall not be modified except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first above set forth. CITY OF MOSES LAKE PROPERTY OWNER(S): _______________________________ _______________________________ Title: City Manager Thomas Walters _______________________________ Janalee Walters STATE OF WASHINGTON) ) ss. COUNTY OF __________) ON THIS _____ day of ___________________, 20____, before me, personally appeared__________ _________________, to me known to be the Property Owner(s), the party(ies) who executed within and foregoing instrument, and acknowledged said instrument to be his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ____day of ___________________, 20_____. NAME _______________________________________ NOTARY PUBLIC in and for the State of Washington, Moses Lake Council Packet 9-27-22, Page 80 of 82 residing at ___________________ STATE OF WASHINGTON) ) ss. COUNTY OF __________) ON THIS _____ day of ___________________, 20____, before me, personally appeared__________ _________________, to me known to be the Property Owner(s), the party(ies) who executed within and foregoing instrument, and acknowledged said instrument to be his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ____day of ___________________, 20_____. NAME _______________________________________ NOTARY PUBLIC in and for the State of Washington, residing at ___________________ My Commission Expires: __________________ State of Washington County of Grant I certify that I know or have satisfactory evidence that Allison Williams signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the City Manager of the City of Moses Lake to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ Moses Lake Council Packet 9-27-22, Page 81 of 82 EXHIBIT A LOT 1 BLOCK 2 VANCE EMERY ADDITION Moses Lake Council Packet 9-27-22, Page 82 of 82