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FINAL 2022 1011 Council Agenda PacketMoses Lake City Council Don Myers, Mayor | Deanna Martinez, Council Member | Dustin Swartz, Council Member | David Skaug, Council Member Mark Fancher, Council Member | David Eck, Council Member| Judy Madewell, Council Member Tuesday, October 11, 2022 Moses Lake Civic Center – 401 S. Balsam or remote access* Study Session 6 p.m. – Grant County Public Utility District – Rich Wallen, General Manager Regular Meeting Agenda Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Citizen’s Communications** Summary Reports: Mayor’s Report -Oaths of Office for Mayor and Council Position 7 -Planning Month Proclamation/Planning Commission Introduction - Hispanic Heritage Month Proclamation - Municipal Airport Commission Letter and Liaison Request Additional Business City Manager’s Report -Citizen Service Award to Former Police Chief Ruffin -Oath and Badging for Firefighter Taylor Thomas -Development Engineering Manager Rob Harris Recognition - Assistant City Manager Appointment -Council Budget Workshop pg 4 - 2022 Quarterly Financial Reports pg 16- AWC Legislative Agenda -Governor’s COVID Emergency Declaration Ending Moses Lake Council Packet 10-11-22, Page 1 of 52 October 11, 2022, City Council Meeting Page 2 _________________ Consent Agenda Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #1 pg 17 a.City Council Meeting Minutes Dated September 27, 2022 and October 4, 2022 b.Claims and Payroll c.Police Extra-Duty Contract – Leavenworth Oktoberfest d.Open Doors Sleep Center Security Contract Old Business #2 Motion #3 Motion pg 45 Council Rules MLMC 2.08 Ordinance 3014 Presented by Allison Williams, City Manager Summary: Council to review and consider adoption Appoint Deputy Mayor Presented by Mayor Myers Summary: Council nominations and appointment New Business – None Scheduled Administrative Reports pg 49 - Letter of Support for Grant County Conservation District pg 50 - Letter of Support for Connell Railroad pg 52 - Taishin Group Appreciation Letter -Larson Recreation Center Update -Food Truck Plaza Update Council Committee Reports Executive Session -Acquisition of Real Estate and Performance of a Public Employee pursuant to RCW 42.30.110(1)(b) and (g) Adjournment Next Regular Council Meeting is scheduled for October 25, 2022 Moses Lake Council Packet 10-11-22, Page 2 of 52 October 11, 2022, City Council Meeting Page 3 _________________ NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting. *Please click the link below to join remote access: https://cityofml.zoom.us/j/81573286494 Or iPhone one-tap: US: +12532158782,,91539733610# or +13462487799,,91539733610# Or Telephone: Dial(for higher quality, dial a number based on your current location):US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 81573286494. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ ** Remote Citizen Comment or Public Hearings Remote speaker request forms must be completed by 3 p.m. on the day of the meeting. Moses Lake Council Packet 10-11-22, Page 3 of 52 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 7532 Madeline Prentice Finance 10/11/2022 City Manager's Report 1st and 2nd quarter budget revenue and expenditure report City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ N/A 2022 1st and 2nd qtr budget report.docx 49.94KB Exhibit 1 - 1st half actual vs budget variances.pdf 175.13KB The 2022 1st and 2nd quarter budget revenue and expenditure report is attached for your review and consideration. N/A Options and Results N/A Staff will bring back options for recommended changes. N/A Moses Lake Council Packet 10-11-22, Page 4 of 52 MEMORANDUM To: Allison Williams, City Manager From: Madeline Prentice, Finance Director Subject: 2022 1st and 2nd Quarter Budget Revenue and Expenditure Report I am pleased to submit the City of Moses Lake’s 2022 first half actual results compared to budgeted revenue and expenditure report for all city funds. Beginning Fund Balances shown are subject to final adjustments made as a result of the year-end closing process, which will not be officially concluded until the State Auditor’s work is completed. Overall, the City is performing as expected through the first six months of 2022. At the end of the second quarter, there are typical variances tied to position vacancies and the timing of expenses. Sales tax remains higher than anticipated, largely due to higher prices as a result of historically high inflation rates. We ended the first half slightly over budgeted revenues due to the growth in sales tax and under budgeted expenses largely as a result of the underspending in capital projects. This report is summarized by type of fund, and reported by functional type, and includes the following sections: • City-Wide Overview • General Fund Revenue Analysis • General Fund Expenditure Analysis • Other Funds Analysis • Conclusion • Exhibit I—Fund Detail that supports the Summaries Moses Lake Council Packet 10-11-22, Page 5 of 52 City-Wide Overview 2021 Adopted Percent Actual Budget Actual Rec'd General Fund 27,567,873$ 28,952,822$ 16,336,164$ 56.4% Operating/Enterprise Funds 40,795,351 39,271,938 18,335,929 46.7% Capital Improvement Funds 5,296,052 7,633,150 4,351,233 57.0% Risk Mgmt/Employee Benefit 834,527 1,436,500 573,139 39.9% Debt Service Funds 2,268,797 3,122,750 1,561,374 50.0% Total City Revenues 76,762,600$ 80,417,160$ 41,157,839$ 51.2% Revenue Comparison (Budget vs. Actual--50% of year) 2022 2021 Adopted Percent Actual Budget Actual Spent General Fund 26,447,470$ 30,949,916$ 14,089,938$ 45.5% Operating/Enterprise Funds 38,180,406 38,727,374 17,303,589 44.7% Capital Improvement Funds 7,573,785 9,638,316 5,064,544 52.5% Risk Mgmt/Employee Benefit 978,614 1,185,870 1,022,519 86.2% Debt Service Funds 2,269,294 3,121,968 1,311,577 42.0% Total City Expenditures 75,449,569$ 83,623,444$ 38,792,167$ 46.4% Expenditure Comparison (Budget vs. Actual--50% of year) 2022 Moses Lake Council Packet 10-11-22, Page 6 of 52 General Fund Revenue Analysis Property Tax – The first half of the Property Tax assessment is due to the Grant County Treasurer by April 30, and the second half is due October 31. The budget was set based on assumptions of new construction and collection rates, and then discounted for collection delinquencies. Even though the levy for 2022 was set at $8.206 million, we only budgeted $7.721 million. It should be noted that the budget does not include the delinquent payment arrangement by a major taxpayer. Sales Tax – We conservatively estimated 2022 Sales Tax revenues at $7.7 million. However, actual sales tax is up 25.5% over the prior year, ahead of 2021 by $1.08 million actual and ending the first half of the year at $5.31 million. Sales Tax-Public Safety—This represents the 0.3% Criminal Justice Tax. As 2021 was the first full year of collection of this tax, we conservatively estimated the 2022 tax at $1.3 million. Collections through June are exceeding budget by 18.75% coming in at $120,659 over the same time period in 2021. 2021 Adopted Percent Actual Budget Actual Rec'd 310 Taxes Property Tax 7,899,047$ 7,720,700$ 5,183,309$ 67.1% Sales Tax 9,721,190 7,700,000 5,310,627 69.0% Sales Tax-Public Safety 1,416,209 1,300,000 764,082 58.8% Utility Tax 2,197,494 3,459,340 1,799,618 52.0% Gambling Tax 203,027 178,000 115,148 64.7% Other Taxes 42,359 45,000 34,337 76.3% Subtotal-Taxes 21,479,326 20,403,040 13,207,122 64.7% 320 Licenses & Permits 1,098,771 850,622 345,949 40.7% 330 Intergovernmental Revenues 1,334,714 1,227,180 825,313 67.3% 340 Charges for Goods & Services 2,925,727 2,121,725 1,126,771 53.1% 350 Fines and Penalties 1,030,324 1,029,347 377,300 36.7% 360 Miscellaneous Revenues 192,715 33,809 56,040 165.8% 390 Other Financing Resources 5 208,250 135,170 64.9% Total General Fund Revenues 28,061,583$ 25,873,973$ 16,073,664$ 62.1% General Fund Revenues As of June 30, 2022 - 50% of year 2022 Moses Lake Council Packet 10-11-22, Page 7 of 52 Utility Tax – This revenue source experiences fluctuations either from rate adjustments or fluctuations in usage. We ended the first half of the year slightly higher (1.1%) than the same period in 2021. Increases in Stormwater, Wastewater, and Solid Waste were offset by a continuing downward trend in telephone and cable TV utility taxes. Gambling Taxes—This revenue stream is historically higher in the first half of the year. Although Council reduced the card game tax rate over five years (2018-2022), revenues are exceeding the prior year by 41%. We are currently on trend to meet budget by year-end. Other Taxes—This consists of Leasehold Excise Tax and Admissions Tax, both of which were hard hit in 2021 because of the economic shut-down. While not back to pre-pandemic levels, Leasehold Excise Tax is on target to achieve budget and Admissions tax should exceed budget. Licenses and Permits – This revenue is generated by the development community and is difficult to budget because it is volatile by nature. 2022 first half results are down slightly, but we anticipate this will meet or exceed budget by year-end. In the future, the City Manager will be working on a long-term budgeting plan that will ensure the City does not budget for recurring expenses based on large one-time project revenues to ensure city sustainability. Intergovernmental Revenue – This category includes State-shared revenue ($114k), the PUD privilege tax ($322k), Criminal Justice funding ($232k) and other grants ($157k). State-shared revenue is currently exceeding budgeted estimates by 3.8%. Overall, the category is exceeding budget for the first half of the year and is anticipated to continue this trend for the remainder of the year. Charges for Goods and Services primarily consist of: • Fees charged for Parks and Recreation Programs; • The City Administrative fee charged to funds for the services provided by the executive branch and finance; • Engineering services charged both to internal projects and external developers; and • School Resource Officers reimbursed by Moses Lake School District The bulk of the fees charged for Parks and Recreation programs will be received in the 3rd quarter of the year. Engineering services charges for external developers are trending above budget for the first half of the year. The Engineering labor charges for internal projects have been recorded incorrectly as a revenue source and instead should reduce Engineering salaries and benefits costs. Actual costs have been corrected but will need to be adjusted for budget. We will be reviewing all internal allocations for accuracy and proper accounting treatment in the coming months. Fines and Penalties consist almost entirely of fines generated by the red-light camera program. Through the first half of the year, we have not seen the increase in red-light revenues that we had Moses Lake Council Packet 10-11-22, Page 8 of 52 projected leading to a 30.1% reduction over the same time frame in 2021. The June payment was not received until July, resulting in even lower revenues than projected. We have paid RedFlex $293.9k through June, so the program has netted revenue of $82.6k through June for the Police Department. Miscellaneous Revenues include interest earnings on investments and facility rentals. In January, we received a $46k refund on our Workers Compensation program, leading to Miscellaneous Revenues being over budget by 165.8% through the first half of the year. It should be noted interest revenue comes into General Fund throughout the year and we only allocate interest out to funds once at the end of the year. Other Financing Resources is made up primarily of a transfer from the Water Department of excess maintenance and operating charges as authorized by RCW 35.23.535 ($525k). We are currently evaluating this to determine if this is still an accurate transfer that the City can make. Summary --Overall, the first half of the year General Fund revenue came in at $16,336,164 which is 56.4% of the total first half budget. There is a “mixed bag” of results through June with some revenues continuing to come in strong, like sales tax, Public Safety tax and gambling taxes exceeding budget. Moses Lake Council Packet 10-11-22, Page 9 of 52 General Fund Expenditure Analysis In total, General Fund Expenditures for the first half of the year are underspent by 4.5%. compared to budget but increased by 1.1% over the same period in 2021. This increase consists primarily of salaries/benefits and overtime costs as well as increases in supplies and professional services costs that were unbudgeted. Since General Fund is over 59% staffing, events affecting total payroll have a significant impact on budgets. Position vacancies may start out being an “overage” because of the cashout of earned accrued leave balances, but then can produce savings when the position is vacant for any length of time. The City has had several position vacancies that were filled during the last half of 2021 or the first half of 2022, i.e. Human Resources Director, Community Development Director, Finance Director, and various positions in Parks, Recreation and Cultural Services. Most variances in individual divisions are the result of position vacancies. Additionally, many conferences that were “virtual” in 2021 have only recently began to return to in-person venues, so travel budgets remain underspent through the first half of the year. A major expense in the Finance Department is the annual audit. This is typically performed in the fall, but because of turnover in the Finance Department, the audit for the 2020 financial statement was pushed from the second half of 2021 into early 2022. In addition, the City contracted with an outside consulting firm to provide interim Finance Director services until a 2021 Adopted Percent Actual Budget Actual Spent Legislative 358,196$ 159,765$ 70,276$ 44.0% Executive 1,046,906 999,204 575,125 57.6% Finance 1,167,458 1,093,965 500,961 45.8% Community Development 1,577,606 2,011,603 874,067 43.5% Legal 211,192 274,550 98,266 35.8% Misc. Services 2,347,810 1,960,900 1,018,785 52.0% Library 78,269 71,500 33,782 47.2% Engineering 2,235,439 2,233,296 952,565 42.7% Parks, Rec & Cultural Services 5,174,794 7,344,590 2,887,857 39.3% Police 8,080,864 9,816,737 4,977,933 50.7% Fire 4,168,936 4,983,806 2,100,322 42.1% Total General Fund Expenditures 26,447,470$ 30,949,916$ 14,089,938$ 45.5% General Fund Expenditures As of June 30, 2022 - 50% of Year 2022 Moses Lake Council Packet 10-11-22, Page 10 of 52 new Finance Director was found. The outside consulting firm was also retained to continue assistance to the Finance Department with the annual audit preparation and the ongoing issues with the system conversion. Even with large outside consulting professional services expenses for development code and the shoreline management program, Community Development is under budget largely due to position vacancies. The major component in the Miscellaneous Services budget is the General Fund transfers to Streets and Debt Service funds. Overall, Miscellaneous Services saw a slight savings compared to the previous year. All other General Fund budgets are at varying levels compared to budget. Parks, Recreation and Cultural Services had the largest percentage below budget due to position vacancies and the payoff of the Civic Center debt in 2021, followed by the Fire department because of vacancy savings. Conclusion—General Fund at the end of the first half of the year is at 45.5% of adopted budget in expenditures. Sales Tax and Criminal Justice tax more than offset revenues that are more unpredictable and cyclical in nature. Some revenues are delayed, however are projected to come in within budget. As of the end of June, General Fund reserves grew by $2,061,607. Moses Lake Council Packet 10-11-22, Page 11 of 52 Other Funds Analysis Variances in capital funds are related to timing of major projects, as well as capital components in operating funds (such as Building Maintenance, Fleet Maintenance, Central Services (for the new computer software) and Stormwater capital projects/purchases). Debt Service funds primarily only have interest payments due in the first half of the year—principal payments are typically scheduled for later in the year so the fund can build up the necessary balance. Property and liability insurance premiums are due at the first of the year, so the Risk Management fund is overspent during the year and corrects by the end of the year. In March 2021, the American Rescue Plan Act (ARPA) was signed into law. The City of Moses Lake received notification that it would receive $6,723,558 in two tranches. The second payment of $3,361,779 was received in May 2022. The funds are earmarked for specific projects and purposes related to the response and recovery from COVID as authorized by Council. ARPA funds for projects authorized by Council will be transferred to the specific departments responsible for the project by year-end. Hotel/Motel tax is making a strong comeback after a significant reduction in 2020 and slight recovery in 2021. The revenue estimate remained flat in 2022 due to the unpredictability of 2021 Adopted PercentRevenuesActualBudgetActualto Budget Operating/Enterprise Funds 40,795,351$ 39,271,938$ 18,335,929$ 46.7% Capital Improvement Funds 5,296,052 7,633,150 4,351,233 57.0% Risk Mgmt/Employee Benefit 834,527 1,436,500 573,139 39.9% Debt Service Funds 2,268,797 3,122,750 1,561,374 50.0% Subtotal-Revenue 49,194,727$ 51,464,338$ 24,821,675$ 48.2% Expenditures Operating/Enterprise Funds 38,180,406$ 38,727,374$ 17,303,589$ 44.7% Capital Improvement Funds 7,573,785 9,638,316 5,064,544 52.5% Risk Mgmt/Employee Benefit 978,614 1,185,870 1,022,519 86.2% Debt Service Funds 2,269,294 3,121,968 1,311,577 42.0% Subtotal-Expenditures 49,002,099$ 52,673,528$ 24,702,229$ 46.9% Other Funds Revenues and Expenditures As of June 30, 2022 -50% of Year 2022 Moses Lake Council Packet 10-11-22, Page 12 of 52 travel heading into 2022 but is outpacing budget in the first half of the year by 2.5% or $7.8k and is 24.1% ($61.7k) above the same period in 2021. Expenditures are currently below budget but the majority of the expenses are incurred in the second half of the year. We are anticipating expenses to come in at or slightly under budget by the end of the year. Water/Wastewater Fund revenues typically increase during the hotter months, as more water is used for irrigating. The Airport Fund was able to purchase the fuel system that was budgeted in 2021 using CARB loan funds that were approved by Council in 2021. The fuel system is not yet fully operational, but the expenses that have been incurred through June 30, 2022 have been requested for reimbursement by the State Department of Transportation CARB loan program. The reimbursement will be reflected in the 3rd quarter financial report. Equipment Rental/Fleet Maintenance is at 54.4% in revenue due to sales of surplus vehicles. A number of capital purchases were not included in the 2022 adopted budget resulting in expenses being over budget by 69.6%. Council approved a budget amendment in the first half of the year that will be reflected in the 3rd quarter financial report. Conclusion Overall, 2022 first half results are as expected. Most variances are related to normal timing. Funds with negative fund balances are a result of normal timing of revenues or expenses and will be positive by the end of the year. We are on track to add to the fund balance again by the end of the year. Moses Lake Council Packet 10-11-22, Page 13 of 52 Exhibit 1CITY OF MOSES LAKE2022 Actual vs. Budget Variance 50% of year completed1st Half 20221/1/20222022 Budget - 2022 YTD2022 2022 YTD 2022 6/30/2022Actual Begin.AdoptedActual%Adopted Actual % (Use) Gain of EndingFund BalRevenuesRevenuesReceivedBudget Expenditure Expended Fund Balance Fund BalanceGeneral FundLegislative159,765 70,276$ 44.0%Executive999,204 575,125 57.6%Finance1,093,965 500,961 45.8%Community Development2,011,603 874,067 43.5%Legal274,550 98,266 35.8%Misc. Services1,960,900 1,018,785 52.0%Library71,500 33,782 47.2%Engineering2,233,296 952,565 42.7%Parks & Recreation7,344,590 2,887,857 39.3%Police9,816,737 4,977,933 50.7%Fire4,983,806 2,100,322 42.1%Total General Fund8,076,823$ 28,952,822$ 16,336,164$ 56.4%30,949,916 14,089,938 45.5% 2,061,607$ 10,138,429$ Less: One-time General Fund Expenditures (589,036) Total Recurring General Fund Budget30,360,880 Other Operating/EnterpriseTourism Activities -102 851,378 620,100 317,804 51.3%677,100 295,154 43.6% 26,367 877,745 Grants & Donations -103984,826 96,500 86,730 89.9%115,300 72,169 62.6% 15,193 1,000,018 Local Fiscal Recovery -1053,365,063 3,361,779 - 0.0%290,558 - 0.0%- 3,365,063 Homeless Services -110286,700 509,365 543,829 106.8%285,766 341,646 119.6% 97,037 383,737 Paths & Trails - 11493,213 2,000 1,091 54.5%26,000 996 3.8% 95 93,308 Streets - 1161,165,221 2,072,828 874,427 42.2%2,648,742 1,052,751 39.7% (220,536) 944,685 Transportation Benefit District - 170 522,393 1,980,500 1,248,186 63.0%2,154,000 1,077,000 50.0% 171,186 693,579 Water/Wastewater Operating - 410 5,078,559 13,671,602 6,403,440 46.8%15,383,172 6,767,538 44.0% (472,325) 4,606,234 Sanitation -4901,059,317 4,951,680 2,644,820 53.4%4,836,253 1,715,339 35.5% 404,014 1,463,330 Stormwater - 493 415,585 1,023,347 528,834 51.7%1,007,178 312,475 31.0% 213,183 628,768 Airport - 495 94,549 27,853 27,677 99.4%73,720 163,555 221.9% (136,260) (41,711) Ambulance - 4981,105,663 3,614,260 1,868,990 51.7%3,757,240 1,797,333 47.8% 27,947 1,133,610 Central Svc - 517 727,899 2,097,410 1,048,743 50.0%2,096,791 1,092,320 52.1% (3,442) 724,458 Equipment Rental -519 2,728,522 2,716,814 1,478,409 54.4%2,741,250 1,907,013 69.6% 319,255 3,047,777 Build Maint -528 1,551,165 2,525,900 1,262,950 50.0%2,634,304 708,300 26.9% 175,786 1,726,951 Total Other Operating/Enterprise20,030,054 39,271,938 18,335,929 46.7%38,727,374 17,303,589 44.7% 617,500 20,647,553 Capital ImprovementStreet Repair/reconst -1193,728,287 3,013,150 1,999,414 66.4%3,700,000 610,428 16.5% 1,351,560 5,079,847 Parks & Recreation Improvement-314 (724,381) - - 0.0%- 3,346,927 0.0% 3,346,927 (4,641,645) Park Mitigation Capital Proj-315 (118,468) 20,000 - 0.0%- - 0.0% 152,100 33,632 Water Rights - 471 945,212 700,000 401,820 57.4%2,038,316 - 0.0% 401,820 1,347,031 Water/Sewer Construction-477 5,476,691 3,900,000 1,950,000 50.0%3,900,000 1,107,189 28.4% (147,935) 5,328,755 F:\Madeline\Quarterly Financial Reports\2022\2022 1st & 2nd qtr actual vs budgetJM.xlsxMoses Lake Council Packet 10-11-22, Page 14 of 52 Exhibit 1CITY OF MOSES LAKE2022 Actual vs. Budget Variance 50% of year completed1st Half 20221/1/20222022 Budget - 2022 YTD2022 2022 YTD 2022 6/30/2022Actual Begin.AdoptedActual%Adopted Actual % (Use) Gain of EndingFund BalRevenuesRevenuesReceivedBudget Expenditure Expended Fund Balance Fund BalanceTotal Capital Improvement9,307,340 7,633,150 4,351,233 57.0%9,638,316 5,064,544 52.5% (2,159,720) 7,147,620 Risk Mgmt/Employee Benefit ReservesUnemployment Compensation - 501 28,850 85,000 19,222 22.6%66,500 51,387 77.3% (32,165) (3,315) Risk Management -503408,706 1,307,000 506,000 38.7%1,064,370 953,732 89.6% (447,732) (39,026) Firemen's Relief & Pension - 611 447,193 44,500 47,917 107.7%55,000 17,399 31.6% (39,051) 408,141 Total Employee Benefit Reserves884,749 1,436,500 573,139 39.9%1,185,870 1,022,519 86.2% (518,949) 365,800 Debt ServiceLOCAL Borrowing 21/22 - 282319,094 1,452,500 726,250 50.0%1,451,536 668,494 46.1% 57,756 376,851 GOB 2016 Refunding-286 184,597 375,900 187,950 50.0%376,150 33,667 9.0% 154,283 338,880 Water-Sewer 2011 Bond-4508,087 - - 0.0%- - 0.0% 2,218 10,304 Bond Reserve-2011 451567,600 - - 0.0%- - 0.0%- 567,600 Water-Sewer 2004 Bond-4526,744 686,250 343,124 50.0%686,850 70,625 10.3% 272,199 278,943 Water-Sewer 2004 Bond Reserve-453 701,500 - - 0.0%- - 0.0%- 701,500 PWTF W/S Debt Serv - 48520,155 532,100 266,050 50.0%532,112 532,059 100.0% (266,009) (245,854) 2015 GO Bond Redempt- 4878,459 76,000 38,000 50.0%75,320 6,733 8.9% 31,267 39,726 Total Debt Service1,816,236 3,122,750 1,561,374 50.0%3,121,968 1,311,577 42.0% 251,714 2,067,950 Total City Budget40,115,201$ 80,417,160$ 41,157,839$ 51.2%83,623,444$ 38,792,167$ 46.4% 252,152$ 40,367,353$ F:\Madeline\Quarterly Financial Reports\2022\2022 1st & 2nd qtr actual vs budgetJM.xlsxMoses Lake Council Packet 10-11-22, Page 15 of 52 Respond to the Blake decision Support clarification around the crime of possessing a controlled substance so that individuals, law enforcement, and treatment providers can respond appropriately. Revise the current system of two referrals prior to criminal charges, so it can be more effectively administered across the state. Support additional investments to help cities with the costs stemming from the Blake decision on how possession of controlled substances is handled by the criminal justice system. This includes: • Funding to help offset the costs of vacating criminal convictions, repaying legal financial obligations, administering diversion programs, and mitigating municipal court impacts. • Investment in alternative response teams; treatment facilities for adults and juveniles; treatment in jails; and social workers, treatment providers, and system navigators to help direct people to treatment. Address vehicle pursuits for public safety Clarify the ability for law enforcement to conduct vehicle pursuits using a reasonable suspicion standard in specific circumstances. This is essential to allow for effective and safe pursuit of suspects when there is an immediate threat to public safety. Cities will continue to support safety standards and training for officers who engage in vehicle pursuits. Ensure basic infrastructure funding Fully fund the Public Works Assistance Account (PWAA), allow the current revenue diversions to sunset at the end of fiscal year 2023, and refrain from further fund transfers or diversions to other infrastructure programs or non-infrastructure accounts. Expand state funding opportunities to assist with maintenance and operations of local infrastructure. Increase housing availability & affordability Support a proactive approach that creates new tools, incentives, and revenues that cities can use to help increase housing supply and address affordability. Cities need resources to encourage development of housing at all income levels—especially for our lowest-income residents. Provide behavioral health resources Create greater access to community-based behavioral health services to include substance use disorder treatment and dual diagnosis treatment facilities. Support continued state funding to help communities establish alternative response programs like co-responder programs, diversion programs, and others that provide options beyond law enforcement for responding to situations that involve individuals suffering from behavioral health issues. City Legislative Priorities2023Strong cities make a great state. Cities are home to 65% of the state’s residents, drive the economy, and provide the most accessible government. The continued success of cities depends on adequate resources and local decision-making to best meet the needs of our residents. Washington’s 281 cities ask the Legislature to partner with cities and act on the following priorities: Candice Bock Government Relations Director candiceb@awcnet.org Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org Copyright © 2022 by Association of Washington Cities, Inc. All rights reserved. | 09/15/22 Moses Lake Council Packet 10-11-22, Page 16 of 52 MOSES LAKE CITY COUNCIL September 27, 2022 EXECUTIVE SESSION Mayor Myers called an Executive Session at 6:00 p.m. to be held for 30 minutes pursuant to RCW 42.30.110(1)(i) to discuss potential litigation with City Manager Allison Williams and City Attorney Katherine Kenison in attendance. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:32 p.m. by Mayor Myers with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Myers; Council Members Eck, Martinez, Fancher, Madewell, and Swartz. Council Member Eck left the meeting at 7:34 p.m. PLEDGE OF ALLEGIANCE Mayor Myers led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Martinez moved to approve the Agenda as presented, second by Council Member Swartz. The motion carried 6 – 0. PRESENTATION Police Station Remodel vs New Building Chief Fuhr presented two options for each one-story and two-story facility for remodel compared to a new building. Financing options were also discussed. SUMMARY REPORTS MAYOR’S REPORT Present Plaque to Mayor Hankins A plaque was presented to recognize Former Mayor Hankins four years of service to the City of Moses Lake City Council. He was unable to attend to receive the plaque in person. Human Resources Professionals Day Proclamation A proclamation was read declaring September 26, 2022, Human Resources Professionals Day. National Fire Prevention Week Proclamation A proclamation was read declaring October 9 through October 15 as Fire Prevention week with the theme of “Fire Won’t Wait. Plan Your Escape!” CITY MANAGER’S REPORT Budget Survey Results Communications and Marketing Specialist Lynne Lynch provided an overview of the budget survey results. Moses Lake Council Packet 10-11-22, Page 17 of 52 CITY COUNCIL MINUTES – September 27, 2022 pg. 2 CONSENT AGENDA #1 a. City Council meeting minutes dated September 13, 2022 b. Claim Checks 157699 – 157892 in the amount of $999,310.55; Payroll Checks 64736 through 64772 in the amount of $16,773.28; and Electronic Payments in the amount of $562,350.23. 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 Contract Extensions i. Accept Miscellaneous COF Upgrades Project j. Nelson Road No Parking Zone Ordinance 3013 k. Abandon Walmart Waterline Easement Resolution 3917 Consent agenda item (d) was removed and voted on separately due to Council Member Fancher needing to recuse himself from the vote. Action taken: Council Member Swartz moved to approve the Consent Agenda, except for item (d) as presented, second by Council Member Martinez. The motion carried 6 – 0. Action taken: Council Member Swartz moved to approve Consent Agenda item (d) as presented, second by Council Member Eck. The motion carried 5 – 0, Council Member Fancher recused himself from the vote. OLD BUSINESS #2 Valley Road Striping Staff met with the Mayor and recommended striping on Valley Rd be completed without changes. Other roadways will be considered for alternative striping options. #3 Council Member Selection Process The application process was open until Friday. There were 10 applicants. Council concurred to hold interviews on Tuesday, October 4, at 6 p.m. NEW BUSINESS #4 Council Rules of Procedure Amendment Council requested that staff bring back an ordinance to remove the requirement of two years served on Council for Mayor and Deputy Mayor in the Council Rules of Procedure. #5 Walters Short Plat Sewer Covenant The Walters Short Plat is a four-lot short plat located outside the City Limits but inside the Urban Growth Area (UGA). 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 Moses Lake Council Packet 10-11-22, Page 18 of 52 CITY COUNCIL MINUTES – September 27, 2022 pg. 3 property is located. Action taken: Council Member Swartz moved to approve the Walters Short Plat Sewer Covenant as presented, second by Council Member Martinez. The motion carried 6 – 0. #6 The Refuge at Mae Valley Major Subdivision Improvements Resolution 3918 As part of the platting process, the Developer is responsible for the full-width street improvements including water, sewer, and storm improvements to a fifty-three-lot residential subdivision. Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements. Action taken: Council Member Martinez moved to adopt Resolution 3918 as presented, second by Council Member Madewell. The motion carried 5 – 0, Council Member Fancher recused himself from the vote. ADMINISTRATIVE REPORTS Development Review Meetings Staff is planning plenty of public engagement opportunities with an in-depth review of proposed Development Code changes. Future Proclamations To acknowledge the work that our staff is doing, there will be more proclamations coming forward. Next month is planning month and Planning Commission members will be here so that they can be introduced as there are a lot of new faces. Wellness Committee Event 67 employees participated in the wellness walk today. Moses Lake Police Department Events Cops, Cars and Coffee will be held on October 1 from 8 a.m. to 11 a.m. at the parking lot of the Civic Center. Faith and Blue Community BBQ will be on October 8 from 11 a.m.to 2 p.m. at McCosh Park with eight area pastors speaking and MLPD staff grilling food. 2023 Budget Workshop City Manager Allison Williams gave kudos to Finance Director Madeline Prentice for forging through her first budget process in the City. Prentice will be meeting one on one with directors in final preparation for the budget workshop with Council. COUNCIL COMMUNICATIONS AND REPORTS Council Member Swartz attended the video recording of the Yonezawa Tree Planting today at the Japanese Gardens and spoke on his time in the exchange. Council Member Fancher attended the Community Development, Municipal Services, and Parks meeting and stated there were good discussion on items being prepared for future Council meetings. Moses Lake Council Packet 10-11-22, Page 19 of 52 CITY COUNCIL MINUTES – September 27, 2022 pg. 4 Council Member Martinez attended the State of the Lake Meeting last week. There are a lot of partners working to improve lake quality, including community members who are interested in learning and helping. She also attended the Health District Board, discussed the importance of the flu shot, and encouraged the community to get both flu and COVID vaccines. Mayor Myers attended a Chamber of Commerce gathering of leaders with several other area leaders, including legislators. This provided a great networking opportunity. City Manager Allison Williams added that Behavioral Health is an issue that is impacting everyone across the board. EXECUTIVE SESSION Mayor Myers called an Executive Session at 7:34 p.m. to be held for 30 minutes pursuant to RCW 42.30.110(1)(i) to discuss potential litigation with City Manager Allison Williams and City Attorney Katherine Kenison in attendance. ADJOURNMENT The regular meeting was adjourned at 8:04 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 10-11-22, Page 20 of 52 MOSES LAKE CITY COUNCIL October 4, 2022 CALL TO ORDER The special meeting of the Moses Lake City Council was called to order at 6:00 p.m. by Mayor Myers with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Myers; Council Members Eck, Martinez, Fancher, Madewell, and Swartz. City Council Candidate Interviews and Selection Ten applicants were each given a time limit to answer three questions. EXECUTIVE SESSION Mayor Myers called an Executive Session to be held for 20 minutes pursuant to RCW 42.30.110(1)(h) to discuss qualifications of Council Candidates with Council, City Manager Allison Williams, and City Attorney Katherine Kenison. The Council nominated four of those candidates who were each given a time limit to answer three additional questions. Action taken: Council Member Fancher moved to close the nominations, second by Council Member Eck. The motion carried 6-0. Action taken: Council Member Fancher moved to approve the nominations, second by Council Member Eck. The motion carried 6-0. Action taken: By majority vote, the Council appointed David Skaug to fill the vacancy of Position 7, which will conclude upon certification of an elected candidate for this position in November 2023. ADJOURNMENT The special meeting was adjourned at 7:55 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 10-11-22, Page 21 of 52 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 7519 Madeline Prentice Finance 10/13/2022 Consent Agenda Disbursement Report since September 27, 2022 Council Meeting City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 3,250,317.92$3,250,317.92$0.00$ 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: #157893-158112 $2,720,634.39 Payroll Checks: #64773-64778 $ 5,033.41 Electronic Payments: Direct Deposit 9/30/2022 $ 524,650.12 Claims Paid - 10-11-2022.pdf 128.71KB Moses Lake Council Packet 10-11-22, Page 22 of 52 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 10-11-22, Page 23 of 52 TOTALS BY FUND: FUND NO FUND NAME AMOUNT 001 GENERAL FUND 147,979.36                        102 TOURISM 3,129.80                            103 GRANTS AND DONATIONS 905.53                                110 HOMELESS SERVICES 74,926.58                          114 PATHS/TRAILS ‐                                      116 STREET 2,369.45                            119 STREET REPR/RECON 857,134.53                        286 REFUNDING GO BONDS 2015 62.50                                  314 PARK & RECREATION IMPROVEMENTS 492,781.72                        315 PARK MITIGATION CAPITAL PROJECTS ‐                                      410 WATER/SEWER 61,234.44                          450 2011 BOND FUND ‐                                      452 2004 BOND FUND 75.00                                  471 WATER RIGHTS ‐                                      477 WATER SEWER CONSTRUCTION 363,983.65                        487 2015 GO BONDS REDEMPTION 12.50                                  490 SANITATION 263,141.58                        493 STORM WATER 146.81                                495 AIRPORT 272.35                                498 AMBULANCE 92,733.33                          501 UNEMPLOYMENT COMPENSATION INSURANCE ‐                                      503 SELF‐INSURANCE 25,217.42                          517 CENTRAL SERVICES 20,143.50                          519 EQUIPMENT RENTAL 296,854.20                        528 BUILDING MAINTENANCE 8,493.23                            611 FIRE PENSION 2,899.91                            623 DEPOSIT 6,137.00                            631 STATE ‐                                      TOTAL 2,720,634.39$                  City of Moses Lake Tabulation of Claims Paid‐Summary by Fund Council Meeting Date‐ 10/11/2022 Moses Lake Council Packet 10-11-22, Page 24 of 52 Check Name Check Amount Check Date Invoice Description 157893 Don Terrell 136.00 09/20/2022 CDL Physical Reimbursement 157895 Jackson Flight Center 211.75 09/20/2022 Supplies Reimbursement‐ Airport 157896 Owen Street Drumming 200.00 09/20/2022 Sister City Performance 157897 Pacific Publishing Company 1,134.80 09/20/2022 LTAC Ads 157898 Richard Wadsworth 123.00 09/20/2022 CDL Physical Reimbursement 157899 Tamera Valdez 10.00 09/20/2022 Food Handlers Card Reimbursement 157901 NYS Child Support Prosessing Center 184.61 09/16/2022 Child Support Gilmartin 157902 A M Hardware Company Inc 1,785.35 09/20/2022 Cylindrical Locks 157903 AAA Readymix Inc 573.44 09/20/2022 Concrete Delivery ‐Safeway 157904 Alex Benko 1,147.70 09/20/2022 Retiree Dental Claim 157905 Battery Systems Inc 202.96 09/20/2022 Battery 157906 Bound Tree Medical LLC 1,764.05 09/20/2022 Medical and Ambulance Supplies 157907 Cascade Natural Gas Corp 97.12 09/20/2022 Nat Gas @ Fire August 2022 157908 Clean Harbors Env Services Inc 1,483.26 09/20/2022 Standard CleanPack Service 157909 Columbia Basin Herald 1,200.00 09/20/2022 Water Conservation Advertising 157910 Copiers Northwest Inc 643.07 09/20/2022 Equipment Contract Fees 157911 Databar Inc 1,644.23 09/20/2022 Mail Utility Bills 157912 Eurofins Microbiology Labritories Inc.1,005.36 09/20/2022 Sample Testing 157913 Fastenal Company 1,184.81 09/20/2022 Misc Supplies 157914 Gokeyless 823.53 09/20/2022 Wireless Outside Antenna Kit 157915 Grainger Parts Operations 585.22 09/20/2022 Weatherseal 157916 H D Fowler Company 451.12 09/20/2022 Meter Length Adapters 157917 Hach Company 1,196.23 09/20/2022 Reagent Set 157918 Haglund's Trophies, LLC 53.06 09/20/2022 IT Names Plates 157919 Home Depot Pro (Supplyworks)87.80 09/20/2022 Janitorial Supplies 157920 Ibs Inc 262.61 09/20/2022 Misc Supplies 157921 Itron Inc 1,001.65 09/20/2022 Meter Read Services 157922 Kaman Fluid Power LLC 113.34 09/20/2022 Ph Tubing 157923 Lad Irrigation Company Inc 1,261.84 09/20/2022 Materials/Parts Valley Road 157924 Lakeside Disposal, Inc 254,316.72 09/20/2022 August Disposal Loads 2022 157925 Martin Law LLP 22,715.00 09/20/2022 Wellfield Superfund Pro Services 157926 Mass X Construction, LLC 14,739.38 09/20/2022 Misc COF Upgrades Project. 157927 Moses Lake Steel Supply 5.55 09/20/2022 Tap Screws 157928 Motion Sports & Safety Products, Inc 2,700.00 09/20/2022 Ice Rink Ops Supplies 157929 Myron Palmer 1,248.35 09/20/2022 Retiree Med Claim 157931 Northwest Biosolids 625.00 09/20/2022 Biofest Member Registration 157932 Oasis Auto Spa 1,440.00 09/20/2022 Car Washes Aug. 2022 157933 Oreilly Auto Parts 822.60 09/20/2022 Credit Memo 157934 Oxarc Inc 17.80 09/20/2022 Nitrogen 157935 Pasco Tire Factory, INC 931.08 09/20/2022 Tires/Wheel Bal/TPMS  157936 Pro Touch Car Wash & Auto Detail LLC 57.50 09/20/2022 Car Washes Aug 2022 157937 Pud Of Grant County 23,274.98 09/20/2022 Parks Elec Services 157938 Quill Corporation 903.66 09/20/2022 Kailee's Sit/Stand Desk 157939 Rexel USA 1,477.90 09/20/2022 Fluorescent Bulbs 157940 SHI International, Inc 3,840.32 09/20/2022 iPads for LRC 157941 Shirtbuilders Inc 1,326.46 09/20/2022 Visitor T's 157942 Sirennet.Com 440.52 09/20/2022 Speaker Kit, Howler Amp Eq#046 157944 Speed Press 110.00 09/20/2022 Outer Knife City of Moses Lake Checks Issued with Summary Description For October 11, 2022 Council Meeting Moses Lake Council Packet 10-11-22, Page 25 of 52 157945 State Auditors Office 15,426.54 09/20/2022 Financial Audit Pro Services 157946 Statehood Media, LLC 1,995.00 09/20/2022 LTAC Ad 157947 Systems Design West, LLC 5,760.23 09/20/2022 EMS Billing‐ August 157948 The Driftmier Architects  Ps 8,826.02 09/20/2022 Larson Rec Center Design 157949 Trusteed Plans Service Corp 2,535.00 09/20/2022 August Disability Police IAFF 157950 Ups Freight 79.81 09/20/2022 Shipping/Service Fees 157951 Util Undrgrnd Location Center 144.48 09/20/2022 Locates Aug 2022 157952 Washington State Patrol 513.75 09/20/2022 Law Enforcement Services 157953 Waste Mgt Recycle America Inc 3,125.76 09/20/2022 Commingle Loads August 2022 157954 Ziggys 27.97 09/20/2022 Steel Stud/Steel Trak 157955 Zoll Medical Corp 65,049.13 09/20/2022 Defibtillator 157956 Chris Campbell 104.00 09/21/2022 Biofest Meal Per Diem 2022 157957 Cynthia Smith 465.29 09/21/2022 Company Training 157958 Levi Bisnett 104.00 09/21/2022 Meal Per Diem‐ Biofest 2022 157959 Washington State Department of Ecology 67.00 09/21/2022 I. DeLeon WW Treatment Op Cert 157960 Dillon Massey 203.50 09/23/2022 Travel Per Diem 2022 157961 Joshua Gilmartin 203.50 09/23/2022 Training Per Diem 2022 157963 Jaime Gonzalez 120.75 09/26/2022 Training Per Diem 2022 157964 Jovita Cantu 54.00 09/26/2022 Training Per Diem 2022 157965 Matthew Wood 132.00 09/26/2022 Training Meal Reimbursement 157966 Shanda Creiglow 120.75 09/26/2022 Training Per Diem 2022 157967 AMY CALKINS 182.56 09/28/2022 Refund Utility Overpayment 157968 Ashlie Wolkenhauer 300.89 09/28/2022 Refund Utility Overpayment 157969 BETTY HEPPNER 249.95 09/28/2022 Refund Utility Overpayment 157970 CAD HOMES LLC 55.59 09/28/2022 Refund Utility Overpayment 157971 CAD HOMES LLC 106.59 09/28/2022 Refund Utility Overpayment 157972 DAVID FREDERICK 474.57 09/28/2022 Refund Utility Overpayment 157973 DUSTIN CALDWELL 174.66 09/28/2022 Refund Utility Overpayment 157974 Gary Mann Total Property Management 128.75 09/28/2022 Refund Utility Overpayment 157975 Glen & Linda Martin 225.00 09/28/2022 Refund Utility Overpayment 157976 Karl & Darlene Trued 212.07 09/28/2022 Refund Utility Overpayment 157977 Kenneth & Janet Rosecrans 265.18 09/28/2022 Refund Utility Overpayment 157978 Maryann McCarty 119.16 09/28/2022 Refund Utility Overpayment 157979 Patrick & Marti Johnson 266.96 09/28/2022 Refund Utility Overpayment 157980 ROSARIO MCKEAN 191.88 09/28/2022 Refund Utility Overpayment 157981 ROXANNE MEADOWS 197.04 09/28/2022 Refund Utility Overpayment 157982 SANDRA MCDONALD 72.81 09/28/2022 Refund Utility Overpayment 157983 SHANICE BRICE 129.58 09/28/2022 Refund Utility Overpayment 157984 Spencer Nulph 123.06 09/28/2022 Refund Utility Overpayment 157985 SUE HOPKINS 220.93 09/28/2022 Refund Utility Overpayment 157986 WENDALL SEWER 208.49 09/28/2022 Refund Utility Overpayment 157987 YOUR ASSETS LLC 234.30 09/28/2022 Refund Utility Overpayment 157988 US Bank 600.00 09/28/2022 WAT 04 Bond Admin Fees 157989 Kenworth Sales Company 270,147.41 09/29/2022 2020 Kenworth T400 Series Truck Cab  157990 Don Garrison 765.58 09/30/2022 LEOFF Retirement Pension 9.2022 157991 Janelle Sword 1,033.49 09/30/2022 LEOFF Retirement Pension 9.2022 157992 Luther Stowers 738.25 09/30/2022 LEOFF Retirement Pension 9.2022 157993 Margaret Hinshaw 362.59 09/30/2022 LEOFF Retirement Pension 9.2022 157994 Hector Barajas 203.50 09/29/2022 HVAC Training Per Diem 2022 157995 Assoc Of Grant Co Cities 108.00 09/29/2022 Meeting Meals‐ Admin/Council 157996 Blue Bridge 1,887.00 09/29/2022 Donations 157997 Jesus Martinez 614.52 09/29/2022 Hotel Reimbursement 157998 Matthew Wood 123.00 09/29/2022 CDL Physical Reimbursement 157999 Parks, Recreation & Cultural Services 8.00 09/29/2022 Day Camp Start Up Money Moses Lake Council Packet 10-11-22, Page 26 of 52 158000 CODY WILSON 180.18 10/03/2022 Refund Utility Overpayment 158001 David & J'Lene Dechape 180.95 10/03/2022 Refund Utility Overpayment 158002 Elieser & Maria Pando 552.90 10/03/2022 Refund Utility Overpayment 158003 Jenks Holding Co. LLC 177.90 10/03/2022 Refund Utility Overpayment 158004 Norma Jean Ferguson 89.88 10/03/2022 Refund Utility Overpayment 158005 Renato De Jesus Barajas 246.70 10/03/2022 Refund Utility Overpayment 158006 Shawn & Melissa Pitts 130.57 10/03/2022 Refund Utility Overpayment 158007 A & H Printers Inc 610.30 10/04/2022 Co‐ed Volleyball Flyers 158008 Abc Hydraulics 66.76 10/04/2022 O‐Rings 158009 Affordable Auto Repair Inc 905.53 10/04/2022 Undercover Vehicle Maintenance 158010 Agri‐Fix II 607.65 10/04/2022 Vehicle Tow 158011 Amazon Capital Services, Inc.1,300.19 10/04/2022 Monthly Amazon 158012 Aspect Consulting 6,480.00 10/04/2022 Water Rights Work 158013 Barry Automotive, Inc.647.51 10/04/2022 Key Blanks/Transmittinteg Eq#213 158014 Battery Systems Inc 220.40 10/04/2022 12V Battery 158015 Bonnie Long 100.00 10/04/2022 Campground Host Stipend 158016 Bound Tree Medical LLC 1,353.69 10/04/2022 Ambulance Supplies 158017 Bud Clary Ford LLC 640.82 10/04/2022 Key Eq#151 W/O 58440 158018 Cascade Natural Gas Corp 15.86 10/04/2022 August22 Gas 158019 Centurylink 3,826.38 10/04/2022 509‐764‐5387 088B 9.16.2022 158020 Centurylink 487.35 10/04/2022 Water Shutoff Notifications 158021 Cobies Fine Dry Cleaning 128.71 10/04/2022 Monthly Dry Cleaning 158022 Columbia Basin Herald 1,126.43 10/04/2022 Planning Advertisement Invoice 158023 Commercial Tire Inc 2,025.62 10/04/2022 Tires/Wheel Balance/TPMS Eq#248 158024 Consolidated Disposal Service 66.96 10/04/2022 Medical Waste Disposal 158025 Consolidated Electrical Distributors Inc 698.22 10/04/2022 Light Fixture 158026 Copiers Northwest Inc 1,058.00 10/04/2022 Equipment Contract Fees 158027 Country Fabrics 708.00 10/04/2022 Rec Prof Services 158028 CSWW, Inc 688.76 10/04/2022 Ratchet Straps 158030 Desert Graphics Inc 1,099.93 10/04/2022 LRC Plaque 158031 Dobbs Peterbilt‐ Moses Lake 7,103.77 10/04/2022 A/C Repair/Replace Back Pressure  158032 Dr Lou Sowers 3,000.00 10/04/2022 Pre‐employment osych evaluation 158033 Economic Consultants Oregon LTD.14,402.95 10/04/2022 Homeless Pro Services 158034 EMS Connect, LLC 222.00 10/04/2022 EMS Training Program 158035 EMS Technology Solutions, LLC 542.00 10/04/2022 Inventory and Asset Control Program 158036 Eurofins Microbiology Labritories Inc.2,771.43 10/04/2022 Sample Testing 158037 Faber Industrial Supply 439.62 10/04/2022 Screwdriver 158038 Fastenal Company 433.76 10/04/2022 Hex Nuts 158039 Ferguson Enterprises Inc #3007 323.61 10/04/2022 WaterSentry Filters 158040 Galls LLC 2,505.04 10/04/2022 Initial Uniform Pieces ‐ Lee 158041 General Fire Apparatus Inc 1,764.93 10/04/2022 Misc Supplies 158042 Grainger Parts Operations 8,700.90 10/04/2022 Misc Supplies 158043 Ground Works Three, LLC 4,583.33 10/04/2022 Monthly Rental @ Sleep Center 158044 H D Fowler Company 19,951.01 10/04/2022 Misc Supplies 158045 Hochstatter Electric Inc 472.08 10/04/2022 400 Amp Fuse 158046 Home Depot Pro (Supplyworks)5,880.26 10/04/2022 Handwash/Burnish Pads 158047 Hopesource 51,838.40 10/04/2022 Rapid Rehousing/Voucher Program 158048 IAFF #1258/Disab Ins 1,956.28 10/04/2022 IAFF Disability October 2022 158049 Ibs Inc 175.02 10/04/2022 Misc Supplies 158050 Inland Body & Paint 1,281.93 10/04/2022 Body Repair Eq#149 W/O 58303 158051 International Code Council 145.00 10/04/2022 Membership Dues 158052 Isaac Valdez 385.00 10/04/2022 Fall League ‐ Recreation Fees 158053 J.M. Pacific Construction, Inc.102,921.14 10/04/2022 Nelson Road Path 2022 158054 Jerrys Auto Supply 1,340.43 10/04/2022 Windshield Washer Nozzle  Moses Lake Council Packet 10-11-22, Page 27 of 52 158055 Jims Lock Service LLC 16.53 10/04/2022 2 3/4" Mortise 158056 K & N Electric 3,344.36 10/04/2022 Pump Repair 158057 Katherine Kenison, PS 16,500.00 10/04/2022 City Atty Services Aug. 2022 158058 Keller Associates 4,610.00 10/04/2022 Wastewater Comp Plan. 158059 Kelley Connect 346.31 10/04/2022 Equipment Contract Fees 158060 Lake Auto Parts 182.89 10/04/2022 Warranty Original Inv 783587 158061 Leon & Keeble, Inc 466,436.75 10/04/2022 Larson Rec Center Design. 158062 McKesson Medical‐Surgical 427.44 10/04/2022 Medical Supplies 158063 Med Tech Resource Inc 3,998.91 10/04/2022 Medical Supplies 158064 Moon Security Services Inc 246.83 10/04/2022 Evidence Monitoring 158065 Moses Lake Men's Softball 2,322.00 10/04/2022 Fall League Umpire Fees 158066 Moses Lake Steel Supply 62.98 10/04/2022 Nuts, Washers, Screws 158067 Multi Agency Comm Center E911 57,652.40 10/04/2022 Oct22 Law Calls 158068 National CineMedia, LLC 784.33 10/04/2022 Museum Ad 158070 Northstar Chemical Inc 1,828.75 10/04/2022 Sodium Hypochlorite Well #11 158071 NYS Child Support Prosessing Center 184.61 10/04/2022 2220 Gilmartin Child Support 158072 Oreilly Auto Parts 453.18 10/04/2022 Dipstick Tube Eq#181 158073 Oxarc Inc 24.92 10/04/2022 Gloves 158074 Positive Concepts 165.00 10/04/2022 Car Printer Paper 158075 Qcl Inc 5,484.00 10/04/2022 Audiogram‐ Fire Dept 158076 Quill Corporation 205.41 10/04/2022 Station Operating Supplies 158077 R&M Hansen, Inc 2,311.40 10/04/2022 Laundry for Sleep Center‐ August 158078 Racom Corporation 4,529.62 10/04/2022 Radio Eq#046 158079 Rdo Equipment Co.197.05 10/04/2022 Misc Supplies 158080 Rexel USA 120.37 10/04/2022 Extension Cord 158081 Safety Kleen Corp 350.53 10/04/2022 Drum Drop Off/Drum Pickup/Solvent 158082 SCJ Alliance 2,687.25 10/04/2022 Code/Zoning Map Pro Services 158083 Selland Construction, Inc.521,313.91 10/04/2022 Valley Road Reconstruction 158084 Sherwin‐Williams 182.82 10/04/2022 Spray Gun Tips/Strainers 158085 SHI International, Inc 11,568.37 10/04/2022 Monitors‐ LRC 158086 Shirtbuilders Inc 5,340.09 10/04/2022 Beginning Soccer Shirts 158087 Sirennet.Com 655.48 10/04/2022 Cradle for Notebook Eq#151 158088 Staples Credit Plan 506.42 10/04/2022 Fire/HR/Utilities Supplies 158089 Starchase LLC 12,167.48 10/04/2022 Starchase System 158090 Target Solutions Learning 31.12 10/04/2022 Addition to Scheduling Software 158091 Trilogy Medwaste West, LLC 39.00 10/04/2022 Medical Waste Disposal 158092 Trusteed Plans Service Corp 2,600.00 10/04/2022 October TPSC 2022 158093 Turf Star Western 1,219.05 10/04/2022 Anti Scalp Rollers/Wheel Spacers 158094 Tyco Inc 172.92 10/04/2022 Penetro 90 158095 Uline 449.98 10/04/2022 Supplies 158096 United Way Of Ml 10.00 10/04/2022 EE Contribution 158097 Ups Freight 94.55 10/04/2022 Shipping/Service Fees 158098 UPS Store 2469 400.19 10/04/2022 Shipping 158099 Wa Cities Insurance Authority 2,502.42 10/04/2022 Large Deductible Program 158100 WA St Council Of FF Emp Ben 3,500.00 10/04/2022 October 2022 MERP 158101 WA St Criminal Justice Trng 350.00 10/04/2022 Training class Fee 158102 Weinstein Beverage Company 195.75 10/04/2022 Water 158103 Wenatchee Valley Hospital 847.00 10/04/2022 Pre‐Employment Physical 158104 Western Integrated Technologies, Inc 510.33 10/04/2022 Misc Supplies 158105 Wheeler Excavation LLC 576,271.91 10/04/2022 Longview & Kinder Reconstruction  158106 William Scotsman, Inc 1,790.50 10/04/2022 Rental @ Sleep Center 158107 Zoll Medical Corp 651.86 10/04/2022 Ambulance Equipment 158108 Doug Wraspir 123.00 10/05/2022 CDL Physical Reimbursement 158109 Scott Schultz 750.00 10/05/2022 Reimburse for Boards Purchased Moses Lake Council Packet 10-11-22, Page 28 of 52 158110 Norco Enterprises Inc 1,163.39 10/05/2022 Medical Oxygen Refill 158111 Databar Inc 2,639.82 10/05/2022 Utility Flyers 158112 Dept Of Labor & Industries 200.60 10/05/2022 Elevator Permit 2,720,634.39$   Moses Lake Council Packet 10-11-22, Page 29 of 52 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 7491 Kevin Fuhr, Police Chief Police 10/11/2022 Consent Agenda Extra-Duty Police Services Contract with Leavenworth Chamber of Commerce City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 20,000.00$0.00$0.00$ Motion to approve ratification of the agreement and delegate authority to the City Manager to provide the services. Off Duty Contract-Leavenworth Chamber.pdf 839.69KB The Leavenworth Chamber of Commerce has asked the MLPD for assistance with police security during their Oktoberfest event. The request came about when the Chelan County Sheriff's Office was unable to staff the event and they requested assistance from MLPD for the staffing. Officers are working off-duty assignments on Friday September 30th, Saturday October 1st, and Saturday October 15th. It will cost the city approximately $20,000 in overtime funds, which will be reimbursed by the Leavenworth Chamber of Commerce. Options and Results Allow officers to work security in Leavenworth and the contract to be signed. Staff will bring back options for recommended changes. Not allow the overtime. Moses Lake Council Packet 10-11-22, Page 30 of 52 Moses Lake Council Packet 10-11-22, Page 31 of 52 Page 1 of 4 MOSES LAKE POLICE DEPARTMENT EXTRA-DUTY POLICE SERVICES CONTRACT This agreement is made and entered into this 28th day of September, 2022, by and between the City of Moses Lake (“City”) and the, Leavenworth Chamber of Commerce, hereinafter identified as the “Contractor”. WHEREAS, the Contractor owns, operates or manages a business for profit or non-profit and in connection therewith requires police related services or assistance; and WHEREAS, the City is able to provide duly commissioned law enforcement officers to provide police related services to the Contractor subject to payment for services, and Chief of Police approval; and WHEREAS, the duly commissioned officers who may provide such services will be assigned to extra-duty under this contract during off-duty hours which will not conflict with law enforcement responsibilities for and duties to the City; NOW, THEREFORE, the parties agree as follows: 1. SCOPE OF PERFORMANCE The City shall provide the Contractor with extra-duty police officer services as described below: (a) Number of officers: As requested by the Contractor subject to approval of the Chief of Police. Contractor requests 4 of officers. (b) Hours and dates to be worked: As requested by the Contractor subject to approval of the Chief of Police, with a three (3) hour minimum extra-duty time per event. Contractor requests services on 9/30/22, 10/1/22 and 10/15/22 from 1200 until 0000, plus travel to and from the venue. (c) Specific location of service: As requested by the Contractor subject to approval of the Chief of Police. Contractor requests services in downtown Leavenworth. (d) Duty of officers: Security, crowd control, traffic control, (other) _to provide security during Oktoberfest Document Ref: NJUCY-SAVFT-VRGWW-PBGQZ Page 1 of 4 Moses Lake Council Packet 10-11-22, Page 32 of 52 Page 2 of 4 2. CONTRACT TERM The term of performance of the contract shall be the fixed dates from 9/28/22 until 10/15/22_. Either party may terminate this agreement when in its sole discretion; it is in the best interest of the terminating party, by giving one (1) week prior written notice to the other party. 3. COMPENSATION Contractor shall pay the City, as full compensation for all police services furnished under this contract, a fee of no more than $110.00per hour of officer time as itemized below. a. Hourly Wage Rate (three hour minimum) $__70.00_________ b. Social Security cost (FICA)$__20.00_________ c. Retirement $__20.00_________ d. Labor & Industries $________________ e. Administrative Overhead (per hr/per officer) $__ _________ TOTAL COST PER OFFICER PER HOUR $__110.00_________ 4. PAYMENT The Contractor shall compensate the City for law enforcement services described herein pursuant to the all-inclusive payment rate and estimated monthly/annual service schedule shown above. The City shall invoice the Contractor on or after the first of the month for services and include detailed service information, including actual service hours and all-inclusive hourly rate, per officer. Payment shall be made by a check payable to the City of Moses Lake, and sent to the City within thirty (30) calendar days after receipt of invoice. Payments to the City that are later than (thirty) 30 days following the invoice dates shall accrue interest at the rate of 12% per annum on the balance due. All payments shall first be applied to the accrued interest. The Contractor shall not be financially liable for scheduled law enforcement services which are not actually performed; provided, if a police officer has begun extra-duty services under this agreement, and then is called by the Chief of Police or his/her designee for an emergency, special assignment or overtime duty, the Contractor’s payment shall be for the three (3) hour minimum specified in Section 1(b). Document Ref: NJUCY-SAVFT-VRGWW-PBGQZ Page 2 of 4 Moses Lake Council Packet 10-11-22, Page 33 of 52 Page 3 of 4 5. DUTY STATUS Each police officer assigned work pursuant to this contract is subject to call by the Chief of Police or the Chief’s designee at any time for emergencies, special assignment, or overtime duty. Extra-duty employment shall not infringe on or interfere with this obligation. 6. ADHERENCE TO CITY POLICIES AND PROCEDURES — SCOPE OF WORK Police officers engaged in extra-duty employment are obligated to discharge all duties of their office and to adhere to the City’s Police Department policies and procedures at all times. Such officers shall obey, uphold and enforce the laws of the City and the State of Washington and the Constitutions of the State of Washington and the United States of America at all times. Such officers shall understand that while they are on duty or engaged in extra-duty assignment under this contract, they may be subject to discipline by the City. Police officers performing work pursuant to this contract shall only provide law enforcement/peacekeeping services as specified in Section 1(d) of this contract and they are at all times while performing said services, subject to the direction and control of the City Police Department only. 7. NO SPECIAL DUTY TO CONTRACTOR OR OTHERS Police officers on extra-duty assignment have a primary obligation to the City, not the Contractor. They are expected to discharge all duties of their office while performing pursuant to this contract and will not perform any non-law enforcement/peacekeeping functions for Contractor. Furthermore, this contract and performance thereof by City police officers shall not create a special relationship with any person or duties to protect any specific persons from harm or injury including the party signing this contract. The law enforcement/peacekeeping duties to be performed pursuant to this contract are the same in extent and scope as those provided by police officers to every member of the public. 8. NONDISCRIMINATION The Contractor shall not discriminate on the basis of race, color, sex, religion, national origin, creed, age, the presence of any sensory, mental or physical handicap or any other protected class status. 9. LIABILITY Each party shall be responsible and liable for the consequences of any act or failure to act on the part of itself, its employees and its agents. Each party shall be responsible for its own negligence; neither party shall indemnify nor hold the other party harmless. 10. NOTICES All notices and other material to be delivered under this contract shall be in writing and shall be delivered or mailed to the following addresses: Document Ref: NJUCY-SAVFT-VRGWW-PBGQZ Page 3 of 4 Moses Lake Council Packet 10-11-22, Page 34 of 52 Page 4 of 4 City of Moses Lake 411 S. Balsam Street Moses Lake, WA 98837 Attn: Chief of Police Contractor: Leavenworth Chamber of Commerce C/O Troy Campbell, Executive Director PO Box 327 940 US Hwy 2, Suite B Leavenworth, WA 98826 or such other addresses as either party may, from time to time, designate in writing. 11. ENTIRE AGREEMENT No modification or amendment of this contract shall be effective unless in writing and signed by authorized representatives of the parties. This contract contains the entire agreement between the parties and may not be enlarged, modified, or altered except in writing, signed by the parties. DATED this 28th day of September, 2022. CONTRACTOR By _____________________________________ Name and Title Date: __________________________________ Approved as to Form:CITY OF MOSES LAKE By ______________________________By________________________________ Katherine Kenison, City Attorney Allison Williams, City Manager Date: __________________________________ Troy Campbell, Executive Director 2022-09-29 2022-09-29 Document Ref: NJUCY-SAVFT-VRGWW-PBGQZ Page 4 of 4 Moses Lake Council Packet 10-11-22, Page 35 of 52 Signature Certificate Reference number: NJUCY-SAVFT-VRGWW-PBGQZ Document completed by all parties on: 29 Sep 2022 20:36:57 UTC Page 1 of 1 Signer Timestamp Signature Troy Campbell Email: troy@leavenworth.org Recipient Verification: Sent:29 Sep 2022 16:55:10 UTC Viewed:29 Sep 2022 16:56:52 UTC Signed:29 Sep 2022 16:57:23 UTC ✔Email verified 29 Sep 2022 16:56:52 UTC IP address: 174.204.65.65 Katherine Kenison Email: kkenison@basinlaw.com Recipient Verification: Sent:29 Sep 2022 16:55:10 UTC Viewed:29 Sep 2022 18:50:23 UTC Signed:29 Sep 2022 18:50:41 UTC ✔Email verified 29 Sep 2022 18:50:23 UTC IP address: 199.36.89.184 Location: Bothell, United States Allison Williams Email: awilliams@cityofml.com Recipient Verification: Sent:29 Sep 2022 16:55:10 UTC Viewed:29 Sep 2022 20:36:26 UTC Signed:29 Sep 2022 20:36:57 UTC ✔Email verified 29 Sep 2022 20:36:26 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 30,000+ companies worldwide. Moses Lake Council Packet 10-11-22, Page 36 of 52 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 7521 Kirsten Sackett Community Development 10/11/2022 New Business IFP, Inc. Security Contract - Sleep Center City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 150,000.00$100,000.00$50,000.00$ Staff recommends City Council motion to authorize the City Manager to execute a contract with IFP, Inc. to provide security services at the Sleep Center. IFP, Inc. Contract - DRAFT.docx 30.22KB Moses Lake Council Packet 10-11-22, Page 37 of 52 Overview The Sleep Center has been operational for two years in December. Key to the success of the program are the staff contracted to provide management through HopeSource, as well as the security services provided by a separate company. Phoenix Protective Corporation (PPC) currently provides security services but recently submitted a 30-day termination notice. PPC is contracted through October 22, 2022. Because of their own staffing shortages, there have been nights when PPC has been unable to provide coverage for their contracted shifts for overnight security. The staff at HopeSource have been gracious enough to fill in as needed, and more recently the MLPD was able to provide an officer for overnight security at the Sleep Center. Thank you, Officer Lopez! Knowing that the weekend shifts have been difficult for PPC to cover, and with the upcoming contract termination, staff requested quotes for security services from other companies. IFP, Inc. is a local company who hires former and current police officers as well as many veteran officers. Their officers are well trained for any situation but are experienced at engaging and working with people experiencing homelessness. Safety of guests and staff are a top priority at the Sleep Center. Having officers with proper training and relevant work experience will ensure the facility is safe and secure. IFP, Inc. understands that building relationships and working together is key to the success of the Sleep Center. They understand that building trust with guests through casual conversations and consistent enforcement of the rules, will help encourage use of the Sleep Center and ideally lead to usage by those who are experiencing homelessness but don't typically utilize the Sleep Center already. The City recently scheduled IFP, Inc. to fill in for weekend security shifts that PPC cannot cover until their contract ends. Staff has already heard good feedback about their performance from HopeSource staff and from guests when IFP inc. employees have filled in at the Sleep Center. Staff believe that working with IFP, Inc. will provide a permanent solution for security services, at least until the Sleep Center is relocated. Fiscal and Policy Implications Staff is negotiation the hourly rate for services and annual not to exceed fee. Additional funds will need to be budgeted for security services at the Sleep Center. This will lead to greater utilization of ESG-CV and Recording Fee dollars to cover the expenses. Options and Results Approve, Authorize, or Adopt: Authorize the City Manager to execute a contract with IFP, Inc. to provide security services at the Sleep Center so that the Sleep Center will be fully staffed. Provide Amended Direction: Staff will bring back options for recommended changes. No Action Taken: Continue to pay IFP, Inc. an interim (higher) rate for last minute coverage, use MLPD officer on Overtime, continue to look for alternative solutions, and/or risk having no overnight security at the Sleep Center. Moses Lake Council Packet 10-11-22, Page 38 of 52 CONTRACT FOR SECURITY GUARD SERVICES THIS CONTRACT FOR SECURITY GUARD SERVICES is made and entered into on this ____ day of October, 2022, by and between the City of Moses Lake, a Washington municipal corporation and non-charter code city (“City”), and IFP, Inc., a Washington corporation (“IFP, Inc.”). NOW THEREFORE, in consideration of the foregoing recitals and the terms, conditions, covenants, and agreements set forth herein, the Parties agree as follows: 1. GUARD SERVICES. IFP shall provide Security Services to the City at the Sleep Center Sunday through Saturday, from 9:00 p.m. to 6:00 a.m. 1.1 “Security Services” shall mean surveying the City’s Sleep Center, informing any individual present on closed property that the property is closed, and reporting any illegal activity occurring thereon to law enforcement or other appropriate authority. 1.2 IFP, Inc. shall not detain any individual for any purpose. 1.3 IFP, Inc. shall not enter onto any other property not owned by the City while providing Security Services under this contract. 1.4 IFP, Inc. shall provide information as a “fact witness” to law enforcement in order to assist in the arrest, charging, and prosecution of such offenders by law enforcement. However, IFP, Inc. shall not sign a complaint or similar document on behalf of the City and any request for a signed complaint by a law enforcement agency shall be referred to the City. 1.5 Any action of an official nature shall be referred to the City. 1.6 IFP, Inc. shall provide regular reports, on a daily or weekly occurrence, of Security Services to the City. 1.7 Security services in addition to those set forth above may be provided to the City upon written request; however, all additional services or fee modifications will be incorporated in an addendum to this contract. 1.8 The City may increase or decrease the number of hours at its discretion, with advance notice. Increases with less than 72 hours’ notice will be billed at one and a half times the current bill rate through the following week. 2. COMPENSATION. The City shall pay to IFP, Inc. [Enter Amount] ($XX.XX) per hour for Security services provided. 2.1 All payments for Security services by the City are due and payable upon receipt of invoice and past due thirty (30) days thereafter. Moses Lake Council Packet 10-11-22, Page 39 of 52 Contract for Security Services Page 2 of 6 2.2 Any payment past due more than thirty (30) days shall incur a one and a half percent (1.5%) service charge per month. 2.3 Annual compensation under this Agreement shall not exceed [Enter Amount] ($XXX,XXX.XX) 3. TERM AND TERMINATION. This Contract shall commence on October 23, 2022 and shall automatically renew every month unless terminated. This Contract may be terminated by either Party at any time by giving the other Party at least thirty (30) days prior written notice of the termination date of this Contract. 4. EMERGENCY CONTACT INFORMATION. The City agrees to provide IFP, Inc. with the names and phone numbers of persons to be contacted in case of an emergency. It is the responsibility of the City to update the emergency information and to keep it current. Further, it is the City’s responsibility to inform IFP, Inc. of any changes known to the City affecting the protected premises and IFP, Inc.’s provision of security services thereto. The City agrees that IFP, Inc. shall not be responsible for any loss or damage which is caused by the City’s failure or inability to notify IFP, Inc. of changes concerning the City’s premises or to update emergency information. 5. PERSONAL PROTECTION DEVICES. IFP, Inc. and its employees or agents may carry firearms or other personal protection devices solely for personal protection. Firearms or any other weapon, including but not limited to tasers, stun guns, batons, and OC spray, shall not be used to fulfill the purposes of this Contract. IFP, Inc. shall ensure that any employee or agent carrying a firearm or other personal protection device is legally permitted and fully trained to do so. IFP, Inc. shall indemnify and hold the City harmless for any liability or claim arising from the use of firearms or other personal protection devices by the agents and employees of IFP, Inc.. 6. RECORDS. IFP, Inc. shall maintain records regarding the contracted Security Services, indicating the dates and times. Remarks will be made for those things which appear to require the City’s attention or incidents of interest which may have occurred but did not warrant notifying the City or law enforcement. All data, reports and information regarding work performed by IFP, Inc. hereunder in written, electronic, or other form, shall become the property of the City. IFP, Inc. shall retain all records of service related to the City for a period of six years and such records are available to the City upon request. IFP, Inc. understands and agrees that, in performing services for a public entity, certain records and documents created by and/or in the possession of IFP, Inc. may be considered to be public records and may be subject to applicable state and federal public disclosure laws. IFP, Inc. agrees to comply with any such regulations. IFP, Inc. shall not divulge to any third parties any information obtained from or through the City or developed hereunder without first obtaining approval from the City or its designated representative. 7. QUALIFICATIONS OF ASSIGNED PERSONNEL. Assigned personnel shall be guard certified in the State of Washington or meet guard certification requirements as defined in RCW Chapter 18.170. Assigned personnel shall read and understand “post orders” written in Moses Lake Council Packet 10-11-22, Page 40 of 52 Contract for Security Services Page 3 of 6 English, write an organized, clear and readable report in English, and understand and verbally communicate in clear, understandable English. Assigned personnel shall have at least two years of prior experience and satisfactory performance in a guard service position. Assigned personnel shall not have been separated from previous protective service employment or military service for disciplinary reasons, abuse of drugs or alcohol or a physical or mental infirmity rendering them incapable of performing their duties. Assigned personnel shall possess a current and valid Washington state driver’s license. Assigned personnel are tested “drug free” personnel, have a valid First Aid and CPR certification, and shall have basic knowledge of fire prevention and suppression methods and equipment. Assigned personnel shall be familiar with and follow all City policies regarding the workplace including but not limited to workplace harassment, no smoking policy, violence in the workplace, drug free workplace, and workplace discrimination. 8. RELATIONSHIP BETWEEN PARTIES. The Parties intend that an independent contractor relationship will be created by this Contract. Nothing in this Contract shall be interpreted to create an employee/employer relationship, association, joint venture, agency relationship, or partnership. The City shall not be obligated to pay to IFP, Inc., and IFP, Inc. shall not be entitled to any benefits accorded to City employees by virtue of the services provided under this Contract. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or any other tax, for contributing to the state industrial insurance program or otherwise assuming the duties of an employer with respect to IFP, Inc.. IFP, Inc. shall be responsible for the payment and all contributions or taxes which are measured by wages, salaries, or other remuneration paid to persons employed by IFP, Inc. for the work to be performed hereunder, or which arise by virtue of IFP, Inc.’s employment and which now or hereafter may be imposed by any governmental authority. Such contributions or taxes, shall include, but not be limited to, Unemployment Insurance, Worker's Compensation, Old Age Retirement Benefits, Medicaid, Disability, Pensions or Annuities, and Income Taxes. IFP, Inc. shall comply with all laws and administrative regulations relating to such contributions or taxes. IFP, Inc. accepts full and exclusive liability for and shall pay all sales, use, gross receipts, and any other taxes arising from the fees paid to IFP, Inc. by the City for IFP, Inc.’s performance of this Agreement. The City is interested primarily in the results to be achieved; subject to paragraphs herein, the implementation of services and the safety measures required by the services will lie solely with the discretion of the guard. No agent, employee, servant or representative of IFP, Inc. shall be deemed to be an employee, agent, servant or representative of the City for any purpose. IFP, Inc. will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or representatives during the performance of this Contract. Nor shall either Party have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party. In the performance of the services herein contemplated IFP, Inc. is an independent contractor with the authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City's general rights of inspection and review to secure the satisfactory completion thereof. Moses Lake Council Packet 10-11-22, Page 41 of 52 Contract for Security Services Page 4 of 6 9. WARRANTY OF SERVICES. It is agreed and understood by the City that the services provided hereunder can only provide a degree of security resulting from reasonable efforts of IFP, Inc. to carry out mutually agreed security procedures. However, IFP, Inc. understands and acknowledges that the City will be relying upon its accuracy, competence and credibility and the completeness of the services to be provided hereunder. The City further understands and agrees that IFP, Inc. is not providing absolute or maximum security and that IFP, Inc. is not an insurer. Any and all amounts payable to IFP, Inc. under this Contract are based solely upon the value of the services rendered and are unrelated to the value of the City’s property. IFP, Inc. is not responsible for any loss by reason of theft, vandalism, or any other act, which is not directly caused by an agent or an employee of IFP, Inc.. The City understands that the services furnished under this Contract shall be in conformity with practices which are generally current in the security industry. The Parties agree that IFP, Inc. does not represent and cannot warrant that the services furnished will prevent or minimize the likelihood of loss IFP, Inc.’s responsibility is solely limited to providing physical security services and IFP, Inc. has not been engaged as a consultant or otherwise to provide an assessment of security needs at the site(s) covered. The nature and level of security services provided were determined solely by the City and the City acknowledges that additional security services were available to the City at an additional cost. 10. PROHIBITION ON HIRING ASSIGNED PERSONNEL. The City agrees that it shall not directly hire or employ a IFP, Inc. employee currently employed by IFP, Inc. and within one (1) year following the termination of this Contract. 11. INSURANCE. IFP, Inc. shall, at its own expense, maintain in force and effect at its own cost and expense the following insurance coverage which shall be placed with an insurance carrier authorized to do business in the State of Washington and rated A-VII or better by Best’s Financial Strength Rating Guide: • Commercial general liability insurance not less than two million dollars ($2,000,000.00) per occurrence and five million dollars ($2,000,000.00) aggregate; • Worker’s Compensation insurance as required by the Industrial Insurance laws of the State of Washington; • Automobile liability insurance not less than one million dollars ($1,000,000.00) per occurrence combined single limit of liability; and • Crime insurance with endorsement for third party coverage not less than one million dollars ($1,000,000.00) per occurrence (in lieu of a crime insurance policy, IFP, Inc. may elect to provide an Employee Dishonesty Bond covering all employees performing the services under this Contract in an amount of $50,000). The City and its officials, officers, employees, and agents shall be added as an additional insured under the general liability, automobile liability insurance, and employer’s liability insurance required under this Contract. It is the sole responsibility and obligation of IFP, Inc. to provide updated insurance information to the City, including but not limited to any notices of cancellation Moses Lake Council Packet 10-11-22, Page 42 of 52 Contract for Security Services Page 5 of 6 or reduction in limits of IFP, Inc.’s insurance. IFP, Inc.’s insurance shall be endorsed to require prior written notice by certified mail, return receipt requested, be given to the City thirty (30) days before any cancellation or reduction in limits is effective. IFP, Inc. shall provide the City with evidence of such insurance in the form of a certificate of insurance prior to the commencement of services and throughout the term of this Agreement. 12. INDEMNIFICATION. IFP, Inc. shall indemnify and hold the City and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the City arising out of, in connection with, or incident to the execution of this Agreement and/or IFP, Inc.’s performance or failure to perform any aspect of this Contract; provided, however, that if such claims are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of IFP, Inc. and its agents, employees, and/or officers; and provided further, that nothing herein shall require IFP, Inc. to hold harmless or defend the City, its agents, employees and/or officers from any claims arising from the sole negligence of the City, its agents, employees, and/or officers. IFP, Inc. expressly agrees that the indemnification provided herein constitutes the contractor's waiver of immunity under Title 51 RCW, for the purposes of this Agreement. This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Contract. No liability shall attach to the City by reason of entering into this Contract except as expressly provided herein. 13. ENTIRE AGREEMENT. The Parties represent that this is the entire agreement and understanding among the Parties, and that there are no representations, warranties, terms, covenants or conditions made by any other party except as herein expressly contained. This Agreement shall not be altered, waived, modified or canceled in any respect except in writing, duly executed by all of the Parties hereto, and no oral agreement or course of conduct to the contrary, shall be deemed an alteration, amendment, modification of cancellation. 14. SEVERABILITY. If any provision or portion of this Contract shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction or other governmental authority, (1) such portion or provision shall be deemed separate and independent, (2) the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Party that were affected by such ruling, and (3) the remainder of this Contract shall remain in full force and effect. 15. GOVERNING LAW. The validity, interpretation, and enforcement of this Contract and each of its provisions shall be governed by the laws of the state of Washington, without regard to its conflicts of law principles. This Contract is subject to all applicable laws and regulations. Each Party expressly reserves the right to seek changes in, appeal, or otherwise contest any laws, orders, or regulations of a governmental authority. Moses Lake Council Packet 10-11-22, Page 43 of 52 Contract for Security Services Page 6 of 6 16. VENUE. Any lawsuit arising directly or indirectly out of this Contract will be litigated in the Superior Court for Grant County, Washington. 17. WAIVER. Any waiver by either Party of a breach of any provision of this Contract shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Contract. The failure of a Party to insist upon strict adherence to any term of this Contract on one or more occasions shall neither be considered a waiver nor deprive that Party of any right thereafter to insist upon strict adherence to that term or any other term of this Contract. Any waiver must be in writing and signed by the Party to be charged therewith. 18. SECTION HEADINGS. Section headings appearing in this Contract are inserted for the convenience of reference only and shall not be construed to be interpretations of the text of this Contract. 19. THIRD-PARTY BENEFICIARIES. This Contract is not intended to and does not create rights, remedies, or benefits of any kind whatsoever in favor of any persons, corporations, associations, or entities other than the Parties herein, and the obligations herein assumed are solely for the use and benefit of the Parties, their successors in interest and, where permitted, their assigns. 20. NOTICES. Unless otherwise provided in this Contract, any written notice, demand, or request required or authorized in connection with this Contract shall be deemed properly given if delivered in person, delivered by recognized national courier service, or sent by first class mail, postage prepaid, to the persons specified below: If to City of Moses Lake: If to IFP, Inc.: Allison Williams Daniel Couture 401 S Balsam St. 601 S Pioneer Way Ste F #178 Moses Lake, WA 98837 Moses Lake, WA 98837 Either Party may change this information by giving five (5) Business Days written notice prior to the effective date of the change. IN WITNESS WHEREOF, the Parties hereto have signed their names the day, month and year first written above. CITY OF Moses Lake IFP, Inc. __________________________________ __________________________________ Allison Williams, City Manager Daniel Couture, President Moses Lake Council Packet 10-11-22, Page 44 of 52 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: Mayor and City Council 7478 Allison Williams, City Manager Administration 10/11/2022 Old Business Amending Council Rules of Procedure MLMC 2.08 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 adopt the ordinance as presented. Council Rule MLMC 2.08.docx 29.5KB Staff provided Council with the history of Council Rules of Procedure related to the qualifications for the appointment of Mayor and Deputy Mayor on September 27. Council requested to repeal the last amendment made in MLMC 2.08.020. The attached ordinance will eliminate a prerequisite of qualifications for the appointments of Mayor and Deputy Mayor. If approved as presented, the effective date of this ordinance will be five days after publication. If the Council chooses to appoint a Deputy Mayor under the amended rules tonight, the motion would need to identify that the effective date of the appointment would be coincident with effective date of the new ordinance. None Options and Results Council will nominate appointments for Mayor and Deputy Mayor from among their current members. Staff will bring back options for recommended changes. The rules for prerequisites would remain in the Code. Moses Lake Council Packet 10-11-22, Page 45 of 52 Moses Lake Council Packet 10-11-22, Page 46 of 52 ORDINANCE 3014 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE 2.08.020 COUNCIL REPRESENTATION Whereas, the first action of Council to establish prerequisites for Mayor and Deputy Mayor took place on December 22, 2015, with the adoption of Resolution 3584; and Whereas, the first action was repealed and replaced with new prerequisite by the adoption of Resolution 3588 on January 12, 2016; and Whereas, the rules was subsequently included in the Rules and Procedures Manual adopted by Resolution 3597 on March 8, 2016; and Whereas, staff presented a codified version of the Rules Manual on May 25, 2021, to eliminate redundant and obsolete references to state statutes and unintentionally eliminated the prerequisite language; and Whereas, Council voted to reinstate the language during their first meeting in November, then formally changed the Code with the adoption of Ordinance 2994 on November 23, 2021. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Subsection 2.08.020 titled ‘Council Representation:’ is amended to eliminate the prerequisite for the appointments of Mayor and Deputy Mayor as follows: 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 person who has previously served for a minimum of two years on the Council and nominations shall not require a second. A nominee who wished to decline the nomination shall so state at this time. Nominations are then closed. Where one (1) position becomes vacant, the remaining members of the governing body shall appoint another. Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 10. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on October 11, 2022. _____________________________________ Don Myers, Mayor Moses Lake Council Packet 10-11-22, Page 47 of 52 ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Skaug Vote: Date Published: October 17, 2022 Date Effective: October 22, 2022 Moses Lake Council Packet 10-11-22, Page 48 of 52 Moses Lake Civic Center · 401 S. Balsam Street · P.O. Drawer 1579 · Moses Lake, WA 98837 www.cityofml.com · 509-764-3701 October 3, 2022 Vince McGowan, Program Manager Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Re: Letter of Support for GCCD’s Water Quality Combined Funding Program proposal: “Restoration of Riparian Zones and Critical Areas within the Moses Lake Watershed” Dear Mr. McGowan, I am writing to express the City of Moses Lake’s strong support for Grant County Conservation District’s (GCCD) Water Quality Combined Funding Program proposal titled, “Restoration of Riparian Zones and Critical Areas within the Moses Lake Watershed.” This project will restore the native riparian habitat on Rocky Ford Creek and reduce the impact of livestock on the riparian zone. Additionally, this grant will provide education and outreach to the public, preserve the heritage garden program in the watershed, and improve existing data while compiling new data on the shoreline of Moses Lake. The health of Moses Lake is a top community priority and the City is pleased with our partnership with the Conservation District as we are all working together to ensure the lake is an asset both as an economic development generator but healthy for our community for generations to come. Thank you for your time and consideration. If you have any questions, I can be reached at 509-764-3702 or email awilliams@cityofml.com. Sincerely, Allison Williams City Manager Moses Lake Council Packet 10-11-22, Page 49 of 52 Moses Lake Civic Center · 401 S. Balsam Street · P.O. Drawer 1579 · Moses Lake, WA 98837 www.cityofml.com · 509-764-3701 October 2022 RE: Support of WSDOT’s $15 Million Budget Submission to OFM for the Connell Rail Interchange Project To: Office of the Governor, OFM, and the Washington State Legislature We are writing in support of the Washington State Department of Transportation (WSDOT) budget submission to the Washington State Office of Financial Management (OFM) in the 2023-25 biennium for $15 million for the Connell Rail Interchange Project. The $15 million submission includes $10 million in funding already appropriated by the Legislature in 2015, plus an additional $5 million in the 2023-25 biennium for an actual total of $14.5 million that would be available, reflecting the approximately $500,000 in funds that have already been expended for design and engineering since 2015. The $14.5 million in funding (if approved) would fully complete this important infrastructure project. The Connell Rail Interchange is a key rail interchange in Eastern Washington where the Columbia Basin rail line intersects with BNSF Railway’s Lakeside Subdivision line, which runs between Spokane and Pasco, Wash. The Columbia Basin rail line goes through the heart of the Columbia Basin in eastern Washington and serves Moses Lake, Wheeler, Schrag, Warden, Othello, Royal City, Bruce, and Connell in Grant, Adams, and Franklin Counties. Over the past several years, a significant amount of economic development and growth has been occurring in communities on the Columbia Basin rail line, especially in Grant and Adams Counties. As a result, the Columbia Basin rail line has become one of the busiest rail short lines in Washington State, hauling thousands of loads of various agricultural, industrial commodities and other cargo annually for 60 active rail shippers in the Columbia Basin, which employ nearly 7,000 people in Grant and Adams Counties. The Connell Rail Interchange was built nearly 100 years ago, and the configuration of the interchange is outdated and inefficient. Consequently, the Connell Rail Interchange needs to be upgraded and improved to accommodate current and future growth in rail cargo that is flowing to and through Connell. As the track and infrastructure design for the Connell Rail Interchange Project is 100% completed, this important infrastructure project is ready for construction. In conclusion, we greatly support WSDOT’s budget submission to OFM for $15 million for the Connell Rail Interchange Project in the 2023-25 biennium, and we strongly urge Governor Moses Lake Council Packet 10-11-22, Page 50 of 52 Page 2 of 2 Inslee as well as the Legislature to include this critical funding in their 2023-25 proposed budgets. Sincerely, Allison Williams City Manager City of Moses Lake 401 S Balsam St. Moses Lake, WA 98837 Moses Lake Council Packet 10-11-22, Page 51 of 52 Moses Lake Council Packet 10-11-22, Page 52 of 52