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FINAL 2022 1025 Council Agenda PacketMoses Lake City Council Don Myers, Mayor | Deanna Martinez, Deputy Mayor | Dustin Swartz, Council Member Mark Fancher, Council Member | David Eck, Council Member| Judy Madewell, Council Member Tuesday, October 25, 2022 Moses Lake Civic Center – 401 S. Balsam or remote access* Study Session 6 p.m. – Sustaining Water Resources – Kirk Holmes, Interim Municipal Services Director Regular Meeting Agenda Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Presentation – Karneetsa Land Recognition Ceremony – Stephanie Massart, Public Relations Coordinator , NSDAR Karneetsa Chapter Citizen’s Communications** Summary Reports: Mayor’s Report - Yonezawa Anniversary Gift and Sister City Flag Presentation Additional Business City Manager’s Report -Planning Staff Acknowledgements -Development Code Update Timeline - Parks, Recreation, and Cultural Services Director Susan Schwiesow Recognition - Parks, Recreation, and Cultural Services Interim Director Introduction Public Hearing #1 pg 3 6-year Transportation Improvement Plan Amendment Res. 3919 Motion Presented by Richard Law, City Engineer Summary: Council to review and consider adoption Moses Lake Council Packet 10-25-22, Page 1 of 147 October 25, 2022, City Council Meeting Page 2 _________________ Consent Agenda Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #2 pg 52 a.Claims and Payroll b.Dieringer Water Rights Purchase and Sale Agreement c.Stormwater Comprehensive Plan Contract Award Old Business - None scheduled New Business #3 Motion pg 95 Fire Labor Contract Presented by Shannon Springer, Human Resources Director Summary: Council to review and consider approval Administrative Reports pg 146 - Moses Lake Community Coalition 3rd Quarter Report Council Committee Reports Adjournment Next Regular Council Meeting is scheduled for November 8, 2022 NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting. *Please click the link below to join remote access: https://cityofml.zoom.us/j/83652426280 Or iPhone one-tap: US: +12532158782,,83652426280# or +13462487799,,83652426280# Or Telephone: Dial(for higher quality, dial a number based on your current location):US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 83652426280. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ ** Remote Citizen Comment or Public Hearings Remote speaker request forms must be completed by 3 p.m. on the day of the meeting. Moses Lake Council Packet 10-25-22, Page 2 of 147 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 Allison Williams, City Manager 7623 Richard Law Municipal Services 10/25/2022 Public Hearing Adopt Grant Transit Authority Transit Development Plan into 6-Year TIP City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Adopt by reference the Grant Transit Authority 6 Year Transit Development Plan into our 6- Year Transportation Improvement Program. Packet Attachments (if any) TDP.pdf Six Year TIP Res 2023-2028.docx Overview 3.64MB The GTA has approved their 6 Year Transit Development Plan (TDP) and is requesting that it be adopted by reference into the City of Moses Lake 6-year Transportation Improvement Program. This will show City support for their upcoming improvement project as they apply for grants and funding. Fiscal and Policy Implications None Options and Results Approve, Authorize, or Adopt: Staff recommends adopting by reference the GTA 6 year TDP into the City's 6-Year TIP Provide Amended Direction: Staff will bring back options for recommended changes. No Action Taken: TDP will not be adopted Moses Lake Council Packet 10-25-22, Page 3 of 147 Grant Transit Authority Grant County, Washington Transit Development Plan 2022 – 2027 and 2021 Annual Report Date of Public Hearing: August 19, 2022 Moses Lake Council Packet 10-25-22, Page 4 of 147 2 Section Title Page Introduction 3 I Organization 3-4 II Physical Plant 5 III Service Characteristics 6-7 IV Service Connections 8 V Activities 8 VI Proposed Action Strategies, 2022 – 2027 9-12 VII Summary of Capital & Service Improvements, 2022 - 2027 13 VIII Capital Improvement Budget, 2022 – 2027 14 IX Operating Data, 2021– 2027 15 X Operating Revenues and Expenditures, 2021 – 2027 16 Appendix Equipment, Rolling Stock and Facilities Service Area Map DART Brochure 2021 Financial Statements-Annual Audit Report TABLE OF CONTENTS Moses Lake Council Packet 10-25-22, Page 5 of 147 3 Purpose This 6-year Transit Development Plan (TDP) has been prepared by Grant Transit Authority covering years 2022-2027. This planning document provides framework for guiding the transportation services to be provided in the current year as well as for the next 5 years within the Grant County Public Transportation Benefit Area. Additionally, this plan provides a review of the activities and accomplishments that transpired in Year 2021. This plan is a tool for communicating planning strategies to the public and is used within the agency to identify funding sources, including grant opportunities, procurement needs, as well as creating a viable financial plan. The TDP conforms to Washington State’s Transportation Policy Goals (RCW47.04.280) and supports local comprehensive planning and economic objectives within Grant County and the regional transportation goals established through the QUADCO Regional Transportation Planning Organization. Grant Transit Authority (GTA) is a Public Transportation Benefit Area (PTBA) authorized under RCW 36.57A; established in November 1996 with a voter approved 0.2% local sales tax initiative. Grant Transit Authority began providing public transportation services after approval of the sales tax initiative. The Grant County PTBA covers the entire County and is the 4th largest county in the state covering 2,791 square miles. The total population of the entire county is 100,297 with only 25,004 of the population living in Moses Lake, the largest city in the County. The extent of the area our PTBA covers can be seen on the GTA System Map located in the Appendix of this plan. As of December 31, 2021, the 10 member GTA Board of Directors consists of one Grant County Commissioner, three Mayors representing the communities of Ephrata, Electric City and Wilson Creek, five City Council Members representing the communities of Quincy, Soap Lake, Coulee City, Warden, and Moses Lake and one (non-voting) member representing the ATU Local 1015. The GTA Executive Board normally holds open public meetings on the third Thursday of the month at GTA’s Multi-Modal Transit Center Community Room at 116 W. 5th Ave. Moses Lake, WA 98837. GTA continued holding Board Meetings via Zoom throughout all of 2021 due to the ongoing state of emergency relating to the Covid-19 pandemic. SECTION I: ORGANIZATION INTRODUCTION Moses Lake Council Packet 10-25-22, Page 6 of 147 4 GTA Board of Directors - Structure of Governance As of December 31, 2021, GTA employed the following: ❖ 19.5 Fixed Route and Demand Response Bus Operators ❖ 4 Dispatch Support Staff ❖ 1 Safety and Training Coordinator ❖ 7 Maintenance and Facilities Staff ❖ 2 Administrative Staff ❖ 6 Executive Management Staff ❖ Accounting is outsourced to Clifton, Larson, Allen (CLA). Amy Allred, Chief Financial Officer with CLA is GTA’s contracted Finance Officer. ❖ Ogden, Murphy & Wallace, PLLC, is GTA’s contracted legal counsel. ❖ GTA contracts with People for People to provide ADA mandated paratransit services. People for People employs their own staff for performing the functions outlined in the Paratransit/Demand Response Transportation Agreement established with Grant Transit Authority. The People for People staffing for services provided to GTA consists of 26 drivers and 4 dispatch/administrative staff. Bruce Reim, Chair Don Myers, Vice Chair Mayor, Ephrata Councilman, Moses Lake Byron Starkey Michelle Agliano Councilman, Warden Councilwoman, Soap Lake ShirleyRae, Maes Kevin Newland Mayor, Electric City Mayor, Wilson Creek Diane Kohout Dylan Kling Mayor, Electric City Councilman, Quincy Cindy Carter ATU Local 1015 Representative Grant County Commissioner Non-Voting Member Moses Lake Council Packet 10-25-22, Page 7 of 147 5 The Grant Transit Authority Administration Office is located at the Multi-Modal Transit Center at 116 W. 5th Ave. Moses Lake, WA 98837. GTA’s General Manager, Administrative Services Manager, Human Resources Manager and Financial Resources Manager are based out of this building along with 2 administrative staff employees. The Maintenance & Operations Facility is located at 8392 Westover Blvd NE, Moses Lake, WA 98837. GTA’s Maintenance Manager and Staff and the Operations Manager and Staff work out of these facilities. The Ephrata Transportation Center is located at the Amtrak Station at 90 Alder St. NW Ephrata, WA 98823. This is the hub for our Ephrata, Quincy, George and Soap Lake Routes. SECTION II: PHYSICAL PLANT Moses Lake Council Packet 10-25-22, Page 8 of 147 6 In 2021, GTA provided the following types of transportation services: Fixed Route (Deviated) Service is directly operated by Grant Transit Authority and is structured around transit hubs located in high pedestrian traffic areas. GTA provides fixed route service in the following areas throughout Grant County: ❖ Route 10 – College Bus - Operates between our downtown Moses Lake Multi Modal Transit Center (MTC) and Big Bend Community College located out by the air base. Also serves the Cascade Valley area of Moses Lake. ❖ Route 11 – Operates on the south end of Moses Lake with stops to include CB Tech, Ernie’s Truck Stop, Lowes, DSHS and Samaritan Clinic as well as others in between. ❖ Route 12 – Medical Bus and District Court – Provides service to District Court, medical clinics and Samaritan Hospital on west side of Moses Lake as well as WorkSource and the Senior Center. ❖ Route 13 – Marina Dr. Route covers all of the west side of Moses Lake between our Multi Modal Transit Center and the I-90 exit on the west end of Moses Lake. ❖ Route 14 – Shopper Shuttle – Provides service to the main shopping destination points in Moses Lake including WalMart, Winco, Good Will and Home Depot. ❖ Route 20 – Ephrata/Moses Lake Connector – Connector Service operating between Big Bend Community College and our Ephrata Amtrak Transportation Center hub. ❖ Route 21 – Circulator service covering the City of Ephrata. ❖ Route 22 – Circulator service covering the City of Soap Lake. ❖ Route 30 – Warden Connector providing service between Moses Lake and Warden as well as a small circulator service in the town of Warden. ❖ Route 40 – Quincy George/Connector – This service connects with Ephrata while providing service in the City of Quincy as well as service into George, WA. All Fixed Route Service currently operates Monday through Friday between 5:00am – 8:00pm. All Fixed Route buses are ADA accessible and have bike racks. Both Cut-Away Buses as well as 30- and 35-foot buses are used to serve these routes. Direct Operated Demand Response Service (DART) is provided by GTA to the following outlying communities of Grant County: Wilson Creek-----Grand Coulee-----Royal City-----Mattawa-----Wanapum Dam SECTION III: SERVICE CHARACTERISTICS Moses Lake Council Packet 10-25-22, Page 9 of 147 7 Regular Fixed Route Service is not available in the Grant County communities where the DART service is provided. The general purpose of this service is to get persons from the outlying communities into areas of Grant County where we have fixed route service available and when applicable. This service is available to the general public with no eligibility requirements. Passengers must call a minimum of 48 hours in advance to make reservations. Many of the passengers use this service for commuting to work and educational purposes, coming from the smaller communities into the larger communities where jobs and education are more readily available. All buses are ADA accessible and equipped with bicycle racks. We use gasoline transit vans for providing this service. See the DART Brochure in the Appendix for more information. Complementary Paratransit/Demand Response Service is contracted out and operated by People for People and is the ADA mandated, next-day ride service provided to eligible individuals that, due to disability, are unable to access or use the regular fixed route system. Eligible riders are required to call in advance to People for People directly to schedule their trips for this service. The Demand-Response service provided by People for People is a shared ride service connecting people who live within ¾ of a mile of GTA’s fixed route service area to the regular fixed route bus system. Service levels and geographic coverage of this service comply in entirety with the Federal ADA complementary paratransit regulations. Vanpool is an alternative transportation service connecting individuals who share a similar commute pattern. All vanpool trips must originate in or end in Grant County. A vanpool group consists of 3 to 12 individuals who pay a monthly fee plus a mileage charge. Many of the Grant Transit Authority vanpool groups are schoolteachers, who due to the pandemic depleted our active vanpool groups down from 13 in 2019 to just 1 in 2020 and in September 2021, as in person schooling was reinstated, the active vanpool groups increased to 6. Vanpool is completely self-supporting. GTA FARE STRUCTURE GTA daily boarding fare: Deviated fixed route, age 18-59 years $1.00 Deviated fixed route, age 60 or over $0.50 Deviated fixed route, ADA certified $1.00 Non-route paratransit, ADA certified $1.00 GTA monthly pass fees are as follows: Deviated fixed route, age 18-59 years $25.00 Deviated fixed route, age 60 or over $15.00 Deviated fixed route, student $20.00 *** Due to the COVID-19 pandemic, and to minimize the contact between our operators and the public, GTA continued the temporary suspension of fares throughout the 2021 calendar year. GTA will re- address the topic of fares in the summer of 2022 and is looking at amending its fare policy in discontinuing fares permanently on all service modes with the exception of vanpool upon Board approval. GTA Vanpool fees are as follows: 12 Passenger Van $270 per month, plus $.35 per mile 7 Passenger Van $240 per month, plus $.30 per mile Moses Lake Council Packet 10-25-22, Page 10 of 147 8 GTA provides service to the following local and regional public transportation facilities: • Bus/Taxi: Grant Transit Multi Modal Transit Center in Moses Lake • Bus: Greyhound, Ernie’s Truck Stop in Moses Lake • Bus: NW Trailways, Ernie’s Truck Stop in Moses Lake, Quincy and George • Air: Grant County International Airport, Moses Lake (Requested Service) • Rail: Amtrak Depot, Ephrata, for Amtrak Rail Passenger Service Connections with other Transportation Providers/Partners: • Bus: People for People Wenatchee Health Shuttle • Bus: People for People - Community Connector - Warden • Bus: People for People - Community Connector - Grand Coulee • Bus: Okanogan County Transportation – Grand Coulee • Bus: WSDOT Intercity Bus/Apple Line – George/Quincy Year 2021 continued to be a challenging year for GTA due to the COVID-19 pandemic. As tough as the year was Grant Transit Authority accomplished the following: ❖ Operated at full-service level. ❖ Moved one of our Safety and Training Coordinator’s to our Operations Manager position. ❖ Re-established our Financial Resources Manager position, moving our previous Operation’s Manager into that position. ❖ Moved two bus operators into dispatch positions. ❖ Continued to provide weekly trainings to our staff. ❖ Coordinated Public Transit Human Services Transportation Plan: GTA participated with a consortium of agencies (QUADCO) working with identifying the special needs of its four Washington counties consisting of Grant, Lincoln, Adams and Kittitas. ❖ Met regularly throughout the year with People for People, our paratransit contractor to review rider statistics and address any needs that warrant attention while at the same time addressing ways to minimize the costs associated with transporting passengers both efficiently and effectively. ❖ Secured funding for General Operating through the WSDOT Consolidated Grant Program for 4 years through June 30, 2025. ❖ Secured Funding for the purchase of 2 Propane Cut-Away Buses through the WSDOT Consolidated Grant Program. ❖ Secured funding through PTSN for the purchase of dispatch and scheduling software which will go out for bid in mid-2022. ❖ Procured our first 2 electric ancillary vehicles with hopes of receiving them in the latter part of 2022. SECTION IV: SERVICE CONNECTIONS SERVICE CONNECTIONS SECTION V: ACTIVITIES AND ACCOMPLISHMENTS IN YEAR 2021 Moses Lake Council Packet 10-25-22, Page 11 of 147 9 ❖ Procured 2 Propane Buses which were delivered in June 2021. ❖ Procured 3 Gillig Coaches due to arrive in early 2022. ❖ Purchased much needed vehicle maintenance equipment which allows for our vehicle maintenance to be completed in house instead of outsourcing. The proposed changes in Section VI, below, reflect upon the following state public transportation policy objectives: Preservation: To maintain, preserve and extend the life and utility of prior investments in transportation systems and services. GTA ensures that the transportation system continues to operate effectively, efficiently, and predictably while conducting a systematic review of all routes and ridership annually. GTA participates in the QUADCO RTPO/4-County Transportation Planning Committee working through the established and locally developed, Coordinated Public Transit Human Services Transportation Plan. GTA will continue to work closely with local human service agencies, QUADCO RTPO, WSDOT, and other transportation stakeholders to keep this plan updated on an ongoing basis. GTA maintains its fleet and facilities in accordance with its Transit Asset Management Plan required by WSDOT and the Federal Transit Administration. A fleet replacement schedule has been developed with an emphasis on extending the useful life of buses beyond the federal requirement. Years 2021 through 2027, GTA will continue to seek WSDOT grant funding and build reserves used for fleet replacement and/or refurbishment of equipment and facilities. Safety: To provide for and improve the safety and security of transportation customers and the transportation system. Safety is GTA’s number one priority from beginning to end as described below. GTA’s Safety Committee provides recommendations and insight for the agency to ensure the safety of employees, passengers, and the public. ❖ Mandatory Bus Operator training occurred weekly throughout year 2021. ❖ GTA participates in and is a member of the Grant County Department of Emergency Management Planning Group working in tandem to improve safety in Grant County. ❖ GTA applies annually for a risk management grant through the Washington State Transit Insurance Pool (WSTIP) which is used to promote safety agency-wide. WSTIP also acts as our risk manager. In 2021, GTA initiated its first cyber security program through WSTIP that provides for regular training and monitoring in the IT side of things. ❖ GTA’s entire fleet is equipped with surveillance cameras, which we have recently been updating to Seon Camera Systems. SECTION VI: PROPOSED ACTION STRATEGIES 2022-2027 Moses Lake Council Packet 10-25-22, Page 12 of 147 10 ❖GTA began researching and obtaining quotes for up-to-date surveillance systems for our Multi Modal Transit Center, our Operations and Maintenance Facility Base, and at the Amtrak Station transfer point in Ephrata. A decision will be made and completion of this project in 2022. Due to the pandemic, GTA increased safety for the public as well as for GTA personnel in 2020 and continued to honor the following standards and PPE safeguards throughout 2021: ❖Followed our Covid-19 Plan that was developed and implemented in 2020. ❖Conducted health screenings on all employees and vendors entering our facilities. ❖Followed all mask mandates, which included requiring drivers and passengers/guests to mask on buses as well as in GTA facilities. ❖Continued stocking buses with spray bottles of alcohol, antibacterial wipes, disposable gloves, hand sanitizer, masks, and face shields. All buses were restocked every time they returned to the yard. ❖Continued the practice of fogging all vehicles after they returned to the yard prior to going out on another run. ❖Replaced two temp employees hired to perform thorough cleaning of all buses as well vehicle fogging, with 2 full-time maintenance cleaning and sanitizing staff employees. ❖Contracting with outside custodial service for cleaning/sanitizing of the restrooms bi-weekly. ❖Maintained the practice of procuring all vehicles with polycarbonate barrier doors to shield the driver from passengers as they board the bus. Economic Vitality: To promote and develop transportation systems that stimulate, support, and enhance the movement of people and goods to ensure a prosperous economy. ❖GTA worked with regional transportation providers to enhance services through improved coordination and participated in local community events to assist with tourism. GTA has increased presence and advertising at community events in 2021 and will continue to do such going forward. GTA connects with other Transits at County lines, on all sides of Grant County, allowing for people to get transportation service to any side of the state they need access to. Mobility: To improve the predictable movement of goods and people throughout Washington State. ❖GTA is continues striving to replace our aging fleet in order to have reliable buses to keep people moving throughout the state. GTA will have its first electric buses by mid-year 2022. ❖GTA has established bus stops at Northwestern Trailways boarding locations in Moses Lake, the Greyhound boarding location in Moses Lake, Amtrak Station in Ephrata, Grant County International Airport in Moses Lake (upon request) WSDOT’s Apple Line in Quincy and George. GTA also connects with People for People’s Community Connectors in Warden and Grand Coulee. ❖We continually work with passengers, community stakeholders, elected officials, QUADCO RTPO and WSDOT in an effort to provide better opportunities for transporting people throughout the region. Moses Lake Council Packet 10-25-22, Page 13 of 147 11 Environment: To enhance Washington’s quality of life through transportation investments that promote energy conversation, enhance healthy communities and protect the environment. GTA is working towards and committed to improving air quality of by purchasing low-emission vehicles when replacing the fleet. ❖ December 31,2021, GTA had a total of 9 propane buses with funding awarded for 2 additional propane buses which will be procured as soon as possible and will bring our propane fleet to 11. ❖ GTA was awarded a Lo-No Grant in 2018 and is set to have 4 electric minibuses added to our fleet and on the road in mid-2022 further reducing its local carbon footprint. This project kept us busy throughout all of 2021 as production of the vehicles finally began. These vehicles should arrive mid-year 2022. The picture below shows our final design for the buses. Exciting times ahead at GTA while we face the challenges while “charging ahead”! The beginning of construction and installation of our inductive charging pads at our Multi-Modal Transit Center. Moses Lake Council Packet 10-25-22, Page 14 of 147 12 ❖ GTA is planning on continuing electrification of our vehicles as noted in this document by replacing non-revenue vehicles with electric vehicles. Additionally, as our propane and diesel fleet reach their useful life, GTA is preparing to be ready to replace those buses with electric buses. ❖ Funding was secured in 2021 for the hiring of an architecture and design consultant to come in and design Phase II of our Maintenance Facility, allowing for the ability to maintain an electric fleet as we continue down the path of electrifying our fleet. ❖ GTA developed a fleet electrification transition overview report and is in the process of securing funding for and the the hiring of a consultant to work with our agency in developing a Fleet Electrification Plan to assist us as we charge ahead with an electrified fleet. Stewardship: To continuously improve the quality, effectiveness and efficiency of the transportation system. ❖ GTA is committed to reviewing the county-wide routing network annually to ensure efficiency of the system and look at areas where performance can be improved. ❖ Public outreach activities will continue throughout the year targeting service clubs and schools. ❖ Funding was secured in 2021 for the hiring of a consultant to come in and perform a system wide marketing and service analysis in 2022 to assist us in determining where we need to go next. Our goal is to have this analysis create more efficiency within our system and help us identify and address any gaps in service we may currently have. Moses Lake Council Packet 10-25-22, Page 15 of 147 Year CAPITAL IMPROVEMENT Preservation Expansion (A) Purchase 4 used Gillig Buses - Graphics, Radios, Cameras 4 (B) Replace (4)FR Buses w/ (4)Electric Cut-Away Buses/Annunciators/Graphics 4 (C) Replace (3) Gillig Buses with (3) new Gillig Buses 3 (D) Replace (1) Non-Revenue Maintenance Truck 1 (E) Replace Grn Escape with (1) Electric Ford Lightning 1 (F) Replace (1) Supervisor Vehicle with (1) Electric Ford Lightning 1 (G) Replace (5) Vanpool Vans 5 (H) Perform (2) Engine Rebuilds/Transmission Overhauls X (A) Replace (4) Fixed Route Heavy Duty Buses w/ Heavy Duty Buses 4 (B) Replace (2) Buses w/ (2) Propane Cut-Away Buses 2 (C) Replace (1) Supervisor Vehicles with (1) Electric Vehicles 1 (D) Replace (1) Non-Revenue Maintenance Van w/ (1) Sm Pickup 1 (E) Replace (1) Non-Revenue MT Facility Van w/ (1) Cargo Van 1 (F) Replace (4) Vanpool Vans 4 (G) Perform (2) Engine Rebuilds/Transmission Overhauls X (A) Replace (4)FR Buses with (4) Heavy Duty Buses 4 (B) Replace (2) Propane Cut Away Buses 2 (C) Perform (2) Engine Rebuilds/Transmission Overhauls X (A) Replace (2) FR Heavy Duty Buses w/ 2 HD Electric Buses 2 (B) Replace (2) (P) Cut-Away Buses w/ (2) Propane Cut-Aways 2 (C) Perform (2) Engine Rebuilds/Transmission Overhauls X (D) Replace (4) Vanpool Vans 4 (A) Replace (2) FR Heavy Duty Buses w/ HD Electric Buses 2 (B) Replace (2) (P) Cut-Away Buses w/ (2) Propane Cut-Aways 2 (C) Replace (4) DART Transit Buses 4 (A) Replace (2) FR Heavy Duty Buses w/ 2 HD Electric Buses 2 (B) Replace (2) (P) Cut-Away Buses w/ (2) Propane Cut-Aways 2 (A) Purchase & Installation of Dispatch/Scheduling Software X (B) Purcase (1) Drop Deck Trailer X (C) Purchase and Installation of Surveillance System X (D) Purchase (1) Cargo Container for Storage X (E) Replace Admin Computers X (F) Purchase Accounting Software X (A) Purchase Brake Mate for Shop X (B) Replace (1) Non-Revenue Vehicle/Equipment - Forklift X (A) Purchase and Installation of 4 Post/Alignment Rack in Shop X (B) Replace (4) Koni Lifts in Maintenance Shop X 2025 No Change 2026 No Change 2027 No change 2022 (A) Engineering Study of Operations/Maintenance Facility X X (B) Repaving and General Maint./Enhancements of Ops Facility X 2023 (A) Begin Construction of Phase II of Maintenance Facility X 2024 (A) Expand on Electrification for Larger HD Electric Buses X 2025 No Change 2026 No Change 2027 No Change (A) System Wide Service and Marketing Analysis Study X (B) Bus Stop Enhancements X (C) Development of Fleet Electrification Plan by Consultant X 2023 (A) Begin Implementation of service improvements based on study results X 2024 (A) Continue with Service Improvements based on study results X 2025 No Change 2026 No Change 2027 No Change 2023 2025 2022 2022 EQUIPMENT SECTION VII: SUMMARY OF CAPITAL AND SERVICE IMPROVEMENTS ROLLING STOCK 2022 2023 2024 2026 2027 2024 13 SERVICE CHANGES/IMPROVEMENTS FACILITIES Moses Lake Council Packet 10-25-22, Page 16 of 147 CAPITAL P & M 2022 2023 2024 2025 2026 2027 ROLLING STOCK FR Electric Cut-Aways FR Propane Cut-Away Buses $410,000 $450,000 $450,000 $450,000 $450,000 FR HD Diesel Gillig Buses $1,745,229 $2,500,000 FR HD Electric/Hydro Buses $6,300,000 $3,200,000 $3,400,000 $3,600,000 FR Electric Cut-Away Buses $2,007,337 DART Buses $500,000 Vanpool Vans $165,000 $165,000 $165,000 Non-Rev Admin Vehicles NR-Supervisor Vehicle Electric $60,000 $65,000 Non-Revenue Maint. Truck $85,000 Engine/Transmission Rebuilds $80,000 $80,000 $80,000 $80,000 Used Gillig Buses/Graphics/Radio $24,000 Non-Rev Maint. Vehicles $95,000 Non -Rev Maint. Forklift $45,000 Non-Rev Custod. Electric Vehicle $60,000 EQUIPMENT Koni Lifts - Maint. Shop $100,000 FACILITIES Painting/Paving of Ops Facility $100,000 TOTAL CAPITAL P & M $4,326,566 $3,360,000 $6,930,000 $3,895,000 $4,350,000 $4,050,000 CAPITAL EXPANSION EQUIPMENT Surveillance System-Facilities $125,000 Misc. Shop & Facility Equip.$36,000 Shop 4-Post Alignment Rack $180,000 Shop Brake Mate Machine $13,900 Accounting Software $40,000 Dispatch/Sched. Software $265,255 FACILITIES Engineering Study Maint. Shop $350,000 Maint. Facility Addition $4,700,000 Electrification Expansion $350,000 TOTAL CAPITAL-EXPANSION $816,255 $4,713,900 $530,000 $0 $0 $0 TOTAL ALL CAP EXPENSES $5,142,821 $8,073,900 $7,460,000 $3,895,000 $4,350,000 $4,050,000 SECTION VIII: CAPITAL IMPROVEMENT PROGRAM BUDGET 14 Moses Lake Council Packet 10-25-22, Page 17 of 147 SERVICE TYPE 2021 2022 2023 2024 2025 2026 2027 Fixed-Deviated Routes Actual Projected Projected Projected Projected Projected Projected Vehicle Hours 26,542 26,816 26,816 26,816 26,816 26,816 26,816 Vehicle Revenue Hours 25,167 25,504 25,504 25,504 25,504 25,504 25,504 Vehicle Miles 489,286 501,892 501,892 501,892 501,892 501,892 501,892 Vehicle Revenue Miles 457,993 473,782 473,782 473,782 473,782 473,782 473,782 Passenger Trips 78,970 98,170 103,079 108,232 113,644 119,326 125,293 Demand Response DO Vehicle Hours 2,476 3,850 3,927 4,006 4,086 4,167 4,251 Vehicle Revenue Hours 1,002 1,694 1,728 1,762 1,798 1,834 1,870 Vehicle Miles 87,243 151,660 154,693 157,787 160,943 164,162 167,445 Vehicle Revenue Miles 42,754 76,618 78,150 79,713 81,307 82,933 84,592 Passenger Trips 1,805 2,570 3,084 3,701 4,441 5,329 6,395 Para-Transit (PFP) Vehicle Hours 10,453 13,188 13,847 14,540 15,267 16,031 16,833 Vehicle Revenue Hours 4,481 8,014 8,415 8,835 9,277 9,741 10,228 Vehicle Miles 157,286 230,906 242,451 254,574 267,303 280,668 294,702 Vehicle Revenue Miles 94,773 149,479 156,953 164,801 173,041 181,693 190,777 Passenger Trips 13,220 19,720 20,706 21,741 22,828 23,970 25,168 Van-Pool Vehicle Hours 881 Vehicle Revenue Hours 881 Vehicle Miles 52,687 Vehicle Revenue Miles 52,687 Passenger Trips 7,160 Fatalities 0 Injuries 0 Reportable Incidents 0 Diesel 65,272 Propane 17,792 Gasoline 24039 Assumptions - Operating Data: * Due to the COVID-19 Pandemic, post pandemic numbers continue to be low, with gradual increases. Years 2022 - 2027 are projected at 5% annual increases in boardings as numbers continue to climb slow and steady in getting back to pre-Covid levels as there is still considerable uncertainty. Assumptions - Operating/Capital Revenues and Expenditures: * The Operations and Capital Revenue and Expense Budget has made the following assumptions: Sales Tax Revenue saw a pretty large increase in 2020/2021. We are projecting it to remain flat between 2022-2027. All other non-grant revenue is projected at 1% increases through 2027. GTA is not including any General Operating fare revenue between 2022-2027 as we have remained fare free since the onset of the pandemic. We are presenting a draft fare policy to our Board on July 21, 2022, amending current fare policy and remain fare free indefinitely. August 18th we will seek approval by Board after a public comment period. If approved policy will go into effect September 1, 2022. Fare free does not apply to our vanpool mode, other than those riding who are under 19 years of age. Expenditures are projected at 3% annual increases for years 2022 - 2027. SECTION IX: OPERATING DATA, 2021-2027 FUEL CONSUMPTION SAFETY DATA 15 Moses Lake Council Packet 10-25-22, Page 18 of 147 2021 2022 2023 2024 2025 2026 2027 Actual Proj/Budget Projected Projected Projected Projected Projected 5,798,264$ 7,071,484$ 7,072,078$ 7,206,978$ 7,046,578$ 8,220,578$ 9,506,078$ 5,926,544$ 5,968,500$ 6,000,000$ 6,060,000$ 6,120,600$ 6,180,000$ 6,200,000$ 18,865$ 60,000$ 65,400$ 74,400$ 83,400$ 83,400$ 83,400$ 1,916,372$ 750,000$ 750,000$ 750,000$ 375,000$ -$ -$ Federal Op Grant - CRRSAA -$ 50,000$ 400,000$ 900,000$ 1,000,000$ 1,000,000$ 1,000,000$ Federal OP Grant - ARPA 300,000$ 600,000$ 100,000$ -$ -$ -$ 161,363$ 275,000$ 400,000$ 400,000$ 400,000$ 400,000$ 400,000$ 66,656$ 80,000$ 80,800$ 81,600$ 82,400$ 25,500$ 25,755$ -$ -$ -$ -$ 675,000$ 1,350,000$ 1,350,000$ Year End Diff. + or --$ (2,275,000)$ -$ -$ -$ -$ -$ -$ 11,613,064$ 14,554,984$ 15,368,278$ 15,572,978$ 15,782,978$ 17,259,478$ 18,565,233$ General Operating P&M 4,267,346$ 6,025,178$ 6,206,000$ 6,392,000$ 6,600,000$ 6,800,000$ 7,000,000$ Vanpool P & M 49,793$ 60,000$ 65,400$ 74,400$ 83,400$ 83,400$ 83,400$ 4,317,139$ 6,085,178$ 6,271,400$ 6,466,400$ 6,683,400$ 6,883,400$ 7,083,400$ 7,295,925$ 8,469,806$ 9,096,878$ 9,106,578$ 9,099,578$ 10,376,078$ 11,481,833$ Federal Grants 221,330$ 2,260,848$ -$ -$ -$ -$ State Grants 55,332$ 1,484,445$ 96,000$ -$ 96,000$ -$ Capital Gain or Loss 103,392$ -$ -$ -$ -$ -$ -$ -$ 6,088,000$ 5,400,000$ 2,920,000$ 3,480,000$ 3,240,000$ 380,054$ 3,745,293$ 6,184,000$ 5,400,000$ 3,016,000$ 3,480,000$ 3,240,000$ Fixed Route Buses 276,662$ 3,776,566$ 2,910,000$ 6,750,000$ 3,650,000$ 3,850,000$ 4,050,000$ DART Buses -$ -$ -$ -$ 500,000$ -$ 165,000$ 165,000$ -$ 165,000$ -$ Non-Rev Vehicles -$ 205,000$ 205,000$ -$ Engine/Trans Rebuilds 80,000$ 80,000$ 80,000$ 80,000$ Facility & Equipment 272,676$ 104,000$ -$ 100,000$ -$ Fixed Route Buses -$ -$ -$ -$ -$ -$ Facility & Equipment -$ 812,255$ 4,713,900$ 530,000$ -$ -$ -$ 549,338$ 5,142,821$ 8,073,900$ 7,460,000$ 3,895,000$ 4,350,000$ 4,050,000$ 7,126,641$ 7,072,278$ 7,206,978$ 7,046,578$ 8,220,578$ 9,506,078$ 10,671,833$ 2021 2022 2023 2024 2025 2026 2027 Actual Budgeted Projected Projected Projected Projected Projected -$ 1,275,000$ 1,275,000$ 1,275,000$ 1,275,000$ 1,275,000$ 1,275,000$ 1,275,000$ -$ -$ -$ -$ -$ -$ 1,275,000$ 1,275,000$ 1,275,000$ 1,275,000$ 1,275,000$ 1,275,000$ 1,275,000$ -$ 700,000$ 700,000$ 700,000$ 700,000$ 700,000$ 700,000$ 700,000$ -$ -$ -$ -$ -$ -$ 700,000$ 700,000$ 700,000$ 700,000$ 700,000$ 700,000$ 700,000$ -$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ -$ -$ -$ -$ -$ -$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ -$ 50,000$ 50,000$ 50,000$ 50,000$ 50,000$ 50,000$ 50,000$ -$ -$ -$ -$ -$ -$ 50,000$ 50,000$ 50,000$ 50,000$ 50,000$ 50,000$ 50,000$ 2,275,000$ 2,275,000$ 2,275,000$ 2,275,000$ 2,275,000$ 2,275,000$ 2,275,000$ Expansion Cap Projects TOTAL OP REVENUES Operating Revenues Sales Tax Vanpool Fares Federal Op Grant - 5311 State Op Grants YEAR END DEC. 31, SECTION X: OPERATING & CAPITAL-REVENUE AND EXPENDITURE PLAN Reserve Transfer + or - Other/Interest Proposed Grants GENERAL FUND Beginning Balances Ending Cash Beginning Cash Operating Expenses P&M Cap Obligations TOTAL OP EXPENSES Capital Revenues YEAR END DEC. 31, GENERAL/RESERVES NET CASH AVAILABLE Proposed Grants Vanpool Vans Vanpool Vans GTA RESERVES OPERATING RESERVE TOTAL CAP EXPENSES TOTAL CAP REVENUES 16 ENDING BAL GEN FUND (+ or -) Ending Cash Beginning Cash (+ or -) Ending Cash FACILITY & EQUIP. RES. VANPOOL RESERVE (+ or -) FLEET RESERVE Beginning Cash (+ or -) Ending Cash Ending Reserve Balance Beginning Cash Moses Lake Council Packet 10-25-22, Page 19 of 147 Revenue vehicles used in providing public transportation, including vehicles used for carrying passengers on fare-free services. Refer to instructions tab for vehicle codes. Agency/org:Grant Transit Authority Inventory year:2021 No.Year Make/model Vehicle code Vehicle identification number (VIN) Agency vehicle number Actual life odometer Meets financial needs of SGR? Yes/no Is the vehicle safe? Yes/no Agency's ULB (Year) Agency's ULB (Miles) Maintenance current? Yes/no Performs its designed function? Yes/no Replacement cost ($) ADA access? Yes/no Seating capacity Fuel type WSDOT title? Yes/no 1 2020 Ford Transit / Startrans 11 1FDES8PM1KKB87677 1001 36,815 Yes Yes 8 250,000 Yes Yes $95,000 Yes 10+3 G Yes 2 2020 Ford Transit / Startrans 11 1FDES8PM0KKB87735 1002 34,437 Yes Yes 8 250,000 Yes Yes $95,000 Yes 10+3 G Yes 3 2020 Ford Transit / Startrans 11 1FDES8PM9KKB87751 1003 35,497 Yes Yes 8 250,000 Yes Yes $95,000 Yes 10+3 G Yes 4 2020 Ford Transit / Startrans 11 1FDES8PM1KKB87761 1004 34,671 Yes Yes 8 250,000 Yes Yes $95,000 Yes 10+3 G Yes 5 2010 Ford E Series / Aerotech 11 1FDFE4FP9ADA39649 1105 232,319 Yes Yes 8 250,000 Yes Yes $95,000 Yes 11+2 D No 6 2020 Ford E-350 Series/Startrans 11 1FDEE3FS8KDC65533 1106 9,972 Yes Yes 8 250,000 Yes Yes $95,000 Yes 11+3 LP Yes 7 2020 Ford E-350 Series/Startrans 11 1FDEE3FSXKDC65534 1107 8,809 Yes Yes 8 250,000 Yes Yes $95,000 Yes 11+3 LP Yes 8 2020 Ford E-350 Series/Startrans 11 1FDEE3FS1KDC65535 1108 11,456 Yes Yes 8 250,000 Yes Yes $95,000 Yes 11+3 LP Yes 9 2014 Chevrolet/Goshen 11 1GB6G5BLXE1192219 1803 236,022 Yes Yes 8 250,000 Yes Yes $125,000 Yes 18+2 D No 10 2014 Chevrolet/Goshen 11 1GB6G5BL8F1131274 1805 258,137 Yes Yes 8 250,000 Yes Yes $125,000 Yes 18+2 D No 11 2019 Ford E-450 Series/Eldorado 11 1FDFE4FS9KDC09949 1901 62,850 Yes Yes 8 250,000 Yes Yes $125,000 Yes 19+3 LP Yes 12 2019 Ford E-450 Series/Eldorado 11 1FDFE4FS5KDC09950 1902 31,867 Yes Yes 8 250,000 Yes Yes $125,000 Yes 19+3 LP Yes 13 2019 Ford E-450 Series/Eldorado 11 1FDFE4FS3KDC72643 1903 6,938 Yes Yes 8 250,000 Yes Yes $125,000 Yes 19+3 LP Yes 14 2019 Ford E-450 Series/Eldorado 11 1FDFE4FS8KDC69172 1904 7,485 Yes Yes 8 250,000 Yes Yes $125,000 Yes 19+3 LP Yes 15 2017 Ford E-Series/Starcraft 11 1FDFE4FS3HDC20857 2004 110,726 Yes Yes 8 250,000 Yes Yes $125,000 Yes 20+2 LP Yes 16 2017 Ford E-Series/Starcraft 11 1FDFE4FS7HDC20859 2005 126,533 Yes Yes 8 250,000 Yes Yes $125,000 Yes 20+2 LP Yes 17 2008 Gillig/Low Floor-30 foot 3 15GGE271381091564 2301 652,324 Yes Yes 16 750,000 Yes Yes $498,000 Yes 23+2 D No 18 2008 Gillig/Low Floor-30 foot 3 15GGE271581091565 2302 670,470 Yes Yes 16 750,000 Yes Yes $498,000 Yes 23+2 D No 19 2003 Gillig/Low Floor-30 foot 3 15GGE271X31090825 2603 449,599 Yes Yes 16 750,000 Yes Yes $498,000 Yes 26+2 D No 20 2003 Gillig/Low Floor-30 foot 3 15GGE271131090826 2604 452,218 Yes Yes 16 750,000 Yes Yes $498,000 Yes 26+2 D No Updated: January 2022 Owned Rolling Stock Inventory and Verification of Continued Use Form Page 1 of 2Moses Lake Council Packet 10-25-22, Page 20 of 147 Owned Rolling Stock Inventory and Verification of Continued Use Form Inventory year: 2019 21 2007 Gillig/Low Floor-30 foot 3 15GGE291871091233 2801 777,931 Yes Yes 16 750,000 Yes Yes $498,000 Yes 28+2 D No 22 2007 Gillig/Low Floor-30 foot 3 15GGE291X71091234 2802 893,389 Yes Yes 16 750,000 Yes Yes $498,000 Yes 28+2 D No 23 2007 Gillig/Low Floor-35 foot 2 15GGB291271077689 3202 697,427 Yes Yes 16 750,000 Yes Yes $515,000 Yes 32+2 D No 24 2007 Gillig/Low Floor-35 foot 2 15GGB291971077690 3203 819,946 Yes Yes 16 750,000 Yes Yes $515,000 Yes 32+2 D No 25 2003 Gillig/Low Floor-35 foot 2 15GGB271731073385 3205 728,134 Yes Yes 16 750,000 Yes Yes $515,000 Yes 32+2 D No 26 2003 Gillig/Low Floor-35 foot 2 15GGB271331073387 3206 734,484 Yes Yes 16 750,000 Yes Yes $515,000 Yes 32+2 D No 27 2003 Gillig/Low Floor-35 foot 2 15GCA181821111738 3207 718,306 Yes Yes 16 750,000 Yes Yes $515,000 Yes 32+2 D No 28 2003 Gillig/Low Floor-35 foot 2 15GGB271131073016 3208 699,782 Yes Yes 16 750,000 Yes Yes $515,000 Yes 32+2 D No 29 2005 Gillig/Low Floor-35 foot 2 15GGB291X51074553 3209 680,921 Yes Yes 16 750,000 Yes Yes $515,000 Yes 32+2 D No 30 2005 Gillig/Low Floor-35 foot 2 15GGB291551074556 3210 679,134 Yes Yes 16 750,000 Yes Yes $515,000 Yes 32+2 D No 31 2005 Gillig/Low Floor-35 foot 2 15GGB291751074557 3211 646,101 Yes Yes 16 750,000 Yes Yes $515,000 Yes 32+2 D No 32 2005 Gillig/Low Floor-35 foot 2 15GGB291051074559 3212 677,221 Yes Yes 16 750,000 Yes Yes $515,000 Yes 32+2 D No 33 2015 Dodge/Caravan 13 2C4RDGCG6FR652505 708 127,303 Yes Yes 8 150,000 Yes Yes $33,000 No 7 G No 34 2015 Dodge/Caravan 13 2C4RDGCG8FR652506 709 97,323 Yes Yes 8 150,000 Yes Yes $33,000 No 7 G No 35 2015 Dodge/Caravan 13 2C4RDGCGXFR652507 710 97,413 Yes Yes 8 150,000 Yes Yes $33,000 No 7 G No 36 2016 Dodge/Grand Caravan 13 2C4RDGCG4FR729310 711 157,613 Yes Yes 8 150,000 Yes Yes $33,000 No 7 G No 37 2016 Dodge/Grand Caravan 13 2C4RDGCG6FR729311 712 76,632 Yes Yes 8 150,000 Yes Yes $33,000 No 7 G No 38 2016 Dodge/Grand Caravan 13 2C4RDGCG3GR364443 713 81,177 Yes Yes 8 150,000 Yes Yes $33,000 No 7 G No 39 2015 Chevey/Express 13 1GAWGRFG0F1274874 1211 86,595 Yes Yes 8 150,000 Yes Yes $35,000 No 12 G No 40 2015 Chevey/Express 13 1GAWGRFG5F1275180 1212 81,482 Yes Yes 8 150,000 Yes Yes $35,000 No 12 G No 41 2015 Chevey/Express 13 1GAWGRFG2F1275055 1213 89,945 Yes Yes 8 150,000 Yes Yes $35,000 No 12 G No 42 2015 Chevey/Express 13 1GAWGRFG6F1277262 1214 79,792 Yes Yes 8 150,000 Yes Yes $35,000 No 12 G No 43 2015 Chevey/Express 13 1GAWGRFG9F1277448 1215 95,021 Yes Yes 8 150,000 Yes Yes $35,000 No 12 G No 44 2016 Chevey/Express 13 1GAWGRFG1F1278660 1216 62,951 Yes Yes 8 150,000 Yes Yes $35,000 No 12 G No hiep.tran@wsdot.wa.gov Page 2 of 2Moses Lake Council Packet 10-25-22, Page 21 of 147 Support vehicles and equipment with a acquisition value greater than $50,000. Refer to instructions tab for equipment code. Agency/org:Grant Transit Authority Inventory year:2021 No.Eqpmt. Code Equipment description Condition (points) Age (years) Remaining useful life (years) Replacement cost ($)Comments 1 5 AD01 - 2008 Ford Escape 2 13 0 60,000 Replacing in 2022/2023 with Electric Vehicle 2 5 AD02 - 2012 Chevrolet Impala 3 9 1 50,000 Will eventually replace with an Electric Vehicle 3 5 AD03-2007 Chev. Express Support Vehicle 2 14 0 60,000 Replacing in 2022/2023 with Electric Vehicle 4 5 AD04-2007 Chev. Express Support Vehicle 2 14 0 60,000 Replacing in 2022/2023 with Electric Vehicle 5 5 AD05-2001 Chev. Express Support Vehicle 2 20 0 0 Will surplus and not replace 6 5 AD06-2019 Ford Escape Support Vehicle 4 2 8 60,000 Will eventually replace with an Electric Vehicle 7 5 AD07-2019 Ford Escape Support Vehicles 4 2 8 60,000 Will eventually replace with an Electric Vehicle 8 5 MT01-2002 GMC Sierra Shop Truck 2 19 0 90,000 Replacing in 2022 9 5 MT03-2001 Chev. Express Support Vehicle 1 20 0 50,000 Replacing in 2022/2023 with sm pickup/cargo van 10 5 MT04-2001 Chev. Express Support Vehicle 2 20 0 55,000 Replacing in 2022/2023 with similar 1 ton van 11 9 1989 Hyster Forklift 2 32 1 50,000 Will replace in 2022/2023 with LP or Gas Forklift 12 9 Stertil-Koni Lifts 3 11 4 80,000 Set of 4 13 14 15 16 Updated: January 2022 Owned Equipment Inventory Form Page 1 of 1Moses Lake Council Packet 10-25-22, Page 22 of 147 Owned Facility Inventory Form Facilities with a replacement value of $25,000 or greater. Refer to instructions for facility code. Agency/org:Grant Transit Authority Inventory year:2021 No.Facility code Facility name Condition (points) Age (year) Remaining useful life Replacement cost ($)Comments 1 6 2017 - Multimodal Transit Center 5 5 45 2,707,031 Based off of 7/12/2021 WSTIP Property Appraisal 2 10 2011-Operation Base Administration Bldg.4 11 39 944,148 Based off of 7/12/2021 WSTIP Property Appraisal 3 11 2011-Maintenance Shop 4 11 39 1,911,954 Based off of 7/12/2021 WSTIP Property Appraisal 4 20 2011-Bus Canopy/Fuel Island 4 11 39 1,693,393 Based off of 7/12/2021 WSTIP Property Appraisal 5 6 7 8 9 10 11 12 13 14 15 Updated: January 2022 Page 1 of 1Moses Lake Council Packet 10-25-22, Page 23 of 147 Moses Lake Council Packet 10-25-22, Page 24 of 147 DART General Public Dial A Ride Transportation serving the outlying communities of Grant County which are not served by Fixed Route Transportation Service Grant Transit Authority is committed to ensuring that no person is excluded from participation in, or denied benefits of transit services on the basis of race, color, or national origin. www.granttransit.com gta@granttransit.com P.O. Box 870 Moses Lake, WA 98837 Comments/Complaints Call: (509) 765-0898 (800) 406-9177 ADDITIONAL DART INFORMATION Stop Locations in the Outlying Communities To keep our DART schedule more efficient we have specific locations in each of the outlying communities where we pick up and drop off. At times we may deviate and pick up at alternate locations depending on the number of scheduled rides on a given day and when it does not lessen the efficiency of the route. Call our reservationist to find out the stop locations in the community you are interested in. Late Cancellations and No-Shows Late cancels or No-Shows may result in suspension of service for a period of time. Please make sure to follow the cancellation procedures as specified to avoid any type of suspension of your service. Rider Policies The rider policies for DART Service are identi- cal to those for Fixed Route Service. These policies can be found on the GTA website at: www.granttransit.com FARES DART fares are identical to our regular Fixed Route fares. Questions and Information Please contact our DART reservationist if you have any further questions or need additional information. We look forward to seeing you soon on our brand new, comfortable transit vans. Sit back, relax, leave the driving to us and enjoy the scenery! We are not just a ride……. We are an ADVENTURE!! Moses Lake Council Packet 10-25-22, Page 25 of 147 RESERVATION INFORMATION Reservation Hours: 10:00am-6:00pm—Monday-Friday Reservation Phone Number: 509-765-0898 Ext: 101  Reservations must be called in to the number above at least 48 hours in advance to guarantee a ride on the day you wish to ride.  The reservationist will take your reservation and enter your ride into the system and give you an approximate time for your scheduled ride.  Pick up times will be finalized the day before your scheduled trip. You will receive a call around 3pm the day before to give you your definite pick up time. If you have not heard from us by 3:45pm the day before your ride, please contact us to verify your pick up time.  Persons who have scheduled a daily standing reservation will not receive a call unless there has been a time adjustment on your pre-scheduled reservation.  Cancellations must be called in by 4 pm the day before your scheduled ride if you are scheduled for a morning trip.  Cancellations for an afternoon trip must be called in no later than 1:00pm the day of your scheduled trip.  When calling in a cancellation, if you do not reach a live person on the regular reservation phone, please call in to the after hours phone listed below. If you do not receive a live person on the after hours number and your trip is scheduled for the following morning, please leave a message on that After Hours Phone. After Hours and Message Phone: 509-765-0898 Ext: 106 DART SERVICE BY ROUTE All DART routes operate daily Monday through Friday excluding Holidays’. Grand Coulee (GC) Route  The morning GC DART ranges in time from a 5:00am start time in Moses Lake to a 6:30am arrival and 6:45am departure in Grand Coulee.  The first GC afternoon route ranges from a 2pm start in Moses Lake to a 4pm arrival/ departure in Grand Coulee.  The 2nd afternoon GC route ranges from a 5pm start in Moses Lake to a 6:45pm arrival/ departure from Grand Coulee. Royal City, Mattawa, Wanapum Dam, and Wilson Creek Routes  There are 2-3 trips daily for each of these routes with departure times fluctuating based on the needs of those scheduling a ride. Typically one trip is scheduled in the morning with one to two trips scheduled in the after- noon. Departures from Moses Lake are no earlier than 5am in the morning and no later than 5pm in the afternoon. DEPARTURE AND ARRIVAL INFO  Departure and arrival times vary daily per route based on the reservations that are received and scheduled for each given day.  For persons wanting to ride a particular DART route daily to commute to and from work and school, we make every effort to build a standard schedule for that route based on those hours which allows for commuters to maintain consistency on their arrival and departure times.  Persons scheduling random trips on routes that have a routine schedule, will be scheduled within the perimeters of the routine schedule. WHAT IS DART  DART is a Dial-A-Ride Transportation Service open to the general public to those living in areas that are not served by our regular fixed route buses. DART service is designed to connect persons living in the outlying communities to our regular fixed route buses in Moses Lake, Ephrata and Quincy. GTA DART service also connects with other transportation providers such as Okanogan Transit, Amtrak, Northwest Trailways, Greyhound, and People for People.  There are no eligibility requirements to use the DART service. Service is available to all.  All DART buses are ADA accessible.  DART operates differently than fixed route in that reservations must be made a minimum of 48 hours in advance to guarantee a ride on a specific day.  DART is a more cost effective transportation option provided to the outlying communities. DART buses do not operate on days that advance reservations have not been made.  Persons wishing to use DART service for daily commutes to and from work and school can schedule standing reservations for a given month without the need to call in daily other than when needing to cancel a ride.  DART service is available daily, serving Royal City, Mattawa, Wanapum Dam, Wilson Creek, Coulee City, Electric City and Grand Coulee. Hours are flexible based on the reservations for each given day and route. DART typically offers one morning trip and one to two after- noon trips based on the reservations received. DART service is available for persons wishing to travel both into the outlying areas as well as out of the outlying areas. Moses Lake Council Packet 10-25-22, Page 26 of 147 D.A.R.T. Dial A Ride Pública General de Transporte servir a las comunidades periféricas del condado de Grant, que no son a tendidos por fijo Servicio de Transporte Ruta Grant Transit Authority se compromete a asegurando que ninguna persona sea excluida de participación o negación de los beneficios de los servicios de tránsito por motivos de raza, color u origen nacional. www.granttransit.com gta@granttransit.com P.O. Box 870 Moses Lake, WA 98837 Comentarios / Quejas Llama: (509) 765-0898 (800) 406-9177 DART ADICIONAL INFORMACIÓN Ubicaciones de parada en las comunidades periféricas Para mantener nuestro horario de DART más eficiente, tenemos ubicaciones específicas en cada una de las comunidades periféricas donde recogemos y dejamos. En ocasiones, podemos desviarnos y recoger en lugares alternativos de- pendiendo de la cantidad de viajes programados en un día determinado y cuando no disminuya la eficiencia de la ruta. Llame a nuestro encargado de reservas para averiguar las ubicaciones de las para- das en la comunidad que le interesa. Cancelaciones tardías y no presentaciones Las cancelaciones tardías o las ausencias pueden re- sultar en la suspensión del servicio por un período de tiempo. Asegúrese de seguir los procedimientos de cancelación especificados para evitar cualquier tipo de suspensión de su servicio. Políticas Rider Las políticas de pasajeros para el servicio DART son idénticas a las del servicio de ruta fija. Estas políticas se pueden encontrar en el sitio web de GTA en: www.granttransit.com TARIFAS Las tarifas de DART son idénticas a nuestras tarifas regulares de ruta fija. Preguntas e información Comuníquese con nuestro encargado de reservas de DART si tiene más preguntas o necesita información adicional. Esperamos verte pronto en nuestras nuevas y cómodas camionetas de tránsito. ¡Siéntese, re- lájese, déjenos la conducción y disfrute del pai- saje! No somos solo un paseo ……. Somos una AVENTURA !! Moses Lake Council Packet 10-25-22, Page 27 of 147 INFORMACION DE RESERVA Horario de reserva: de 8:00 a.m . A 4:00 p.m., De lunes a viernes Número de teléfono de reserva: 509-765-0898 Ext: 101  Las reservaciones deben llamarse al número anterior con al menos 48 horas de antici- pación para garantizar un viaje el día que desea viajar.  El encargado de la reserva tomará su reserva e ingresará su viaje en el sistema y le dará una hora aproximada para su viaje programado.  Los horarios de recogida se finalizarán el día antes de su viaje programado. Recibirá una llamada alrededor de las 3:00 p. M. Del día anterior para informarle su hora definida de recogida. Si no ha tenido noticias nuestras antes de las 3:45 pm del día anterior a su viaje, comuníquese con nosotros para verificar su hora de recogida.  Las personas que hayan programado una reserva permanente diaria no recibirán una llamada a menos que haya habido un ajuste de tiempo en su reserva programada previamen- te.  Las cancelaciones deben realizarse antes de las 4 pm del día anterior a su viaje programado si tiene programado un viaje por la mañana.  Las cancelaciones para un viaje por la tarde se deben llamar antes de la 1:00 pm el día de su viaje programado.  Cuando llame para una cancelación, si no se comunica con una persona en vivo en el te- léfono de reserva habitual, llame al teléfono fuera del horario de atención que se indica a continuación. Si no recibe a una persona en vivo en el número después del hora- rio de atención y su viaje está pro- gramado para la mañana siguiente, deje un mensaje en ese teléfono después del horario de atención. Fuera de horario y teléfono para mensajes: 509-765-0898 Ext: 106 SERVICIO DE DART POR RUTA Todas las rutas de DART operan todos los días de lunes a viernes, excepto festivos. Ruta Grand Coulee (GC)  El GC DART de la mañana varía en el tiempo desde una hora de inicio a las 5:00 am en Mo- ses Lake hasta una llegada a las 6:30 am y una salida a las 6:45 am en Grand Coulee.  La primera ruta de la tarde de GC va desde un comienzo a las 2 pm en Moses Lake hasta una llegada / salida a las 4 pm en Grand Coulee.  La ruta de la segunda tarde de GC va desde un comienzo a las 5 pm en Moses Lake hasta una llegada / salida a las 7 pm desde Grand Coulee. Rutas de Royal City, Mattawa, Wanapum Dam y Wilson Creek  Hay dos viajes diarios para cada una de estas rutas con horarios de salida que fluctúan según las necesidades de quienes programan un viaje. Por lo general, se programa un viaje por la mañana y un segundo viaje por la tarde. Las salidas desde Moses Lake no son antes de las 5 a.m. De la mañana ni más tarde de las 5 p.m. De la tarde. INFORMACIÓN DE SALIDA Y LLEGADA  Los horarios de salida y llegada varían diari- amente por ruta en función de las reservas que se reciben y programan para cada día determinado.  Para las personas que desean viajar en una ruta DART en particular todos los días para ir y venir del trabajo y la escuela, hacemos todo lo posible para crear un horario estándar para esa ruta en función de esas horas, lo que permite a los viajeros mantener la coherencia en sus horarios de llegada y salida.  Las personas que programen viajes al azar en rutas que tienen un horario de rutina, se pro- gramarán dentro de los perímetros del hora- rio de rutina. QUÉ ES D.A.R.T.  DART es un servicio de transporte Dial-A-Ride abierto al público en general para quienes viven en áreas que no son atendidas por nuestros au- tobuses regulares de ruta fija. El servicio DART está diseñado para conectar a las personas que viven en las comunidades periféricas con nues- tros autobuses regulares de ruta fija en Moses Lake, Ephrata y Quincy. El servicio GTA DART también se conecta con otros proveedores de transporte como Okanogan Transit, Amtrak, Northwest Trailways y People for People.  No hay requisitos de elegibilidad para utilizar el servicio de DART. El servicio está disponible para todos.  Todos los autobuses de DART son accesibles según la ADA.  DART opera de manera diferente a la ruta fija en que las reservas deben hacerse con un mínimo de 48 horas de anticipación para garantizar un viaje en un día específico.  DART es una opción de transporte más rentable que se ofrece a las comunidades periféricas. Los autobuses de DART no operan en días en los que no se han hecho reservaciones por adelan- tado.  Las personas que deseen utilizar el servicio DART para desplazamientos diarios hacia y desde el trabajo y la escuela pueden programar reservas permanentes para un mes determinado sin la necesidad de llamar todos los días excepto cuando necesiten cancelar un viaje.  El servicio DART está disponible todos los días y presta servicios en Royal City, Mattawa, Wana- pum Dam, Wilson Creek, Coulee City, Electric City y Grand Coulee. Los horarios son flexibles según las reservas para cada día y ruta determi- nados. DART generalmente ofrece un viaje por la mañana y un viaje por la tarde en las distintas ubicaciones de la ruta, con la excepción del cor- redor de Ephrata a Grand Coulee que a menudo ofrece un segundo viaje adicional por la tarde. Moses Lake Council Packet 10-25-22, Page 28 of 147 Moses Lake Council Packet 10-25-22, Page 29 of 147 Moses Lake Council Packet 10-25-22, Page 30 of 147 Moses Lake Council Packet 10-25-22, Page 31 of 147 Moses Lake Council Packet 10-25-22, Page 32 of 147 Moses Lake Council Packet 10-25-22, Page 33 of 147 Moses Lake Council Packet 10-25-22, Page 34 of 147 Moses Lake Council Packet 10-25-22, Page 35 of 147 Moses Lake Council Packet 10-25-22, Page 36 of 147 Moses Lake Council Packet 10-25-22, Page 37 of 147 Moses Lake Council Packet 10-25-22, Page 38 of 147 Moses Lake Council Packet 10-25-22, Page 39 of 147 Moses Lake Council Packet 10-25-22, Page 40 of 147 Moses Lake Council Packet 10-25-22, Page 41 of 147 Moses Lake Council Packet 10-25-22, Page 42 of 147 Moses Lake Council Packet 10-25-22, Page 43 of 147 Moses Lake Council Packet 10-25-22, Page 44 of 147 Moses Lake Council Packet 10-25-22, Page 45 of 147 Moses Lake Council Packet 10-25-22, Page 46 of 147 Moses Lake Council Packet 10-25-22, Page 47 of 147 Moses Lake Council Packet 10-25-22, Page 48 of 147 Moses Lake Council Packet 10-25-22, Page 49 of 147 Moses Lake Council Packet 10-25-22, Page 50 of 147 RESOLUTION NO. 3919 A RESOLUTION TO AMEND RESOLUTION 3897 TRANSPORTATION IMPROVEMENT PROGRAM FOR 2023-2028 Recitals: 1. Pursuant to the requirements of RCW 35.77.010 laws of the State of Washington, the City of Moses Lake has presented an amended Six Year Transportation Improvement Program for the ensuing six calendar years, 2023-2028. 2. Pursuant further to said law, the City Council of the City of Moses Lake, being the legislative body of said city, did hold a public hearing on said Transportation Improvement Program at 6:30 p.m. in the Civic Center Council Chambers October 25, 2022. 3. The Grant County Transit Authority has adopted their 6-year Transit Development Plan from 2022-2027 and the City of Moses Lake is in support of this plan. Resolved: 1. The City Council of the City of Moses Lake adopts the amended Six Year Transportation Improvement Program for the ensuing six calendar years, 2023-2028. 2. A copy of said amended Six Year Transportation Improvement Program for the ensuing six calendar years, 2023-2028, together with a copy of this resolution shall be filled with the Director of Highways of the State of Washington. 3. The City hereby does include by reference this Transit Development Plain into the City of Moses Lake Transportation Improvement Program for the year 2023-2028. Adopted by the City Council on October 25, 2022. ______________________________ Don Myers, Mayor ATTEST: ______________________________ Debbie Burke, City Clerk Moses Lake Council Packet 10-25-22, Page 51 of 147 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 7621 Madeline Prentice Finance 10/25/2022 Consent Agenda Disbursement report since October 11, 2022 Council meeting City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 1,558,706.66$1,558,706.66$0.00$ 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: #158113 - 158265 $1,038,446.26 Payroll Checks: #64779-64787 $ 5,033.41 Electronic Payments: Direct Deposit 10/14/2022 $ 515,226.99 Check Range Report for 10.25.2022 Council.xlsx 82.55KB Moses Lake Council Packet 10-25-22, Page 52 of 147 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 10-25-22, Page 53 of 147 Check Name Check Amount Check Date Invoice Description 158113 Vivian Ramsey 405.89 10/10/2022 Travel Expense Reimbursement 158114 Amy Harris 296.00 10/10/2022 2022 APAWA Conference Per Diem 158115 Michelene Torrey 296.00 10/10/2022 2022 APAWA Conference Per Diem 158116 Nathan Pate 296.00 10/10/2022 2022 APAWA Conference Per Diem 158117 Jessica Cole 614.52 10/11/2022 WFOA Hotel Reimbursement 158118 Brett Bastian 13.00 10/11/2022 Personal Card Used for Weighing Rig 158119 A & H Printers Inc 944.16 10/18/2022 Business Cards 158120 A-L Compressed Gases Inc 211.38 10/18/2022 SCBA Cylinder Hydro Testing 158121 Abc Hydraulics 2.60 10/18/2022 SCBA Repair Pieces 158122 Across The Street Productions, Inc.969.99 10/18/2022 Big Box Class - Bastian, Kunjara, Holle 158123 Ag Supply Ace Hardware 67.46 10/18/2022 Maintenance Supplies 158124 Alicia M. Hicks 42.00 10/18/2022 Museum Consignment Sales 158125 Amazon Capital Services, Inc.2,701.40 10/18/2022 Office/Operating Supplies 158126 American Linen Inc 396.34 10/18/2022 Ambulance Linen 158127 Aquatic Specialty Services Inc 44,469.56 10/18/2022 Pool Chemicals 158128 Axon Enterprise Inc 48,011.31 10/18/2022 Axon Camera Bundle 158129 B F T LP 1,177.20 10/18/2022 Maintenance Supplies 158130 Badger Meters Inc 520.97 10/18/2022 Meter Read System September 158131 Barbara Harris 50.40 10/18/2022 Museum Consignment Sales 158132 Basin Propane LLC 29.97 10/18/2022 Propane Eq#477 W/O 58452 158133 Basin Septic Services Inc 1,441.67 10/18/2022 Service @ Sleep Center 158134 Battery Systems Inc 45.90 10/18/2022 Battery CB1250F2 158135 Bound Tree Medical LLC 838.60 10/18/2022 Medical Supplies 158136 Bud Clary Chrysler Dodge Jeep 173.44 10/18/2022 Tail Lamp Eq#152 W/O 58444 158137 Bud Clary Ford LLC 709.37 10/18/2022 Rear Lamp Asy Eq#182 W/O 58463 158138 Carol Cross 119.00 10/18/2022 Museum Consignment Sales 158139 Cascade Industrial Services 86,745.36 10/18/2022 Reservoir Painting Project 158140 Cascade Natural Gas Corp 5,029.82 10/18/2022 SNS Gas Charges 158141 Cascadia Law Group PLLC 525.00 10/18/2022 Water Rights Work- Aug 22 158142 Central Manufacturing Inc 794.97 10/18/2022 Asphalt Patches 158143 Centurylink 55.41 10/18/2022 206-T03-6229 9.23.22 158144 Centurylink 2,733.59 10/18/2022 Telephone Services 158145 CHS Inc 36,276.90 10/18/2022 Fuel for Vehicles Sept 2022 158146 City Of Spokane 267.45 10/18/2022 Evidence Burn Run 158147 Cobies Fine Dry Cleaning 176.48 10/18/2022 September dry cleaning 158148 Code Publishing Co.880.38 10/18/2022 Ordinance Codification 158149 Columbia Basin Herald 1,275.87 10/18/2022 Public Hearing Notice 158150 Commercial Tire Inc 854.19 10/18/2022 Tires 158151 Consolidated Disposal Service 53,301.14 10/18/2022 Medical Waste Disposal 158152 Copiers Northwest Inc 296.66 10/18/2022 Equipment Contract Fees 158153 Corporate Translation Services, LLC 59.98 10/18/2022 Translation Services September City of Moses Lake Checks Issued with Summary Description For October 25, 2022 Council Meeting Moses Lake Council Packet 10-25-22, Page 54 of 147 158154 CSWW, Inc 184.57 10/18/2022 Cleat 158155 D & D Electric Motor Srvc Inc 351.60 10/18/2022 Synthetic Oil 158156 Databar Inc 6,243.57 10/18/2022 CCC Program Flyers 158157 Deborah Goodrich Chittenden 71.47 10/18/2022 Museum Consignment Sales 158158 Devries Information Mgmt 46.00 10/18/2022 On Site Record Destruction 158159 Dobbs Peterbilt- Moses Lake 163.19 10/18/2022 Solenoid Eq#361 158160 Donald J Berg 350.00 10/18/2022 LTAC Ad 158161 Dr Lou Sowers 600.00 10/18/2022 Preemployment Psych Exam 158162 Duncan Crane Service Inc 1,643.62 10/18/2022 Crain Services- Airport Fuel Tank 158163 Employment Security Department 9.50 10/18/2022 Work History Research 158164 Eurofins Microbiology Labritories Inc.1,323.36 10/18/2022 Sample Testing 158165 Faber Industrial Supply 381.48 10/18/2022 Stick Transfer Pump 158166 Farmers Electric 233,713.65 10/18/2022 Tana Lift Station Upgrade 158167 Fastenal Company 1,685.91 10/18/2022 Misc Supplies 158168 Fishingmagician.com 1,000.00 10/18/2022 LTAC Ads 158169 Galls LLC 928.64 10/18/2022 Uniform Tailor 158170 General Fire Apparatus Inc 843.02 10/18/2022 Akron Screws Eq#213 158171 GeoEngineers, Inc.3,939.75 10/18/2022 Geotechnical Eng. Services 158172 Grainger Parts Operations 728.63 10/18/2022 Return Air Grille 158173 Grant Co Solid Waste 61,989.52 10/18/2022 Landfill Dumping Fees 158174 Grant County Treasurer 18,576.47 10/18/2022 2022 2nd Half Prop Tax #MOSE3500 158175 Hach Company 693.22 10/18/2022 HQ40 Portable Meter Repair 158176 Haglund's Trophies, LLC 21.30 10/18/2022 Redo Schober Title 158177 Heartland Agriculture, LLC 301.49 10/18/2022 Dust Caps/Dust Plugs/Adapter Eq#287 158178 Home Depot Pro (Supplyworks)1,677.69 10/18/2022 Janitorial Supplies 158179 IAFF Local 1258 5,075.00 10/18/2022 October Fire Union Dues 158180 Ibs Inc 87.34 10/18/2022 Loctite Purple Threadlocker 158181 Irrigators Inc 36.31 10/18/2022 Galvanized Elbows 158182 Isaac Valdez 281.84 10/18/2022 Rec Equipment 158183 J.J. Keller & Associates, Inc.970.18 10/18/2022 HR Pro Services 158184 Jan Cook Mack 478.10 10/18/2022 Museum Consignment Sales 158185 Jeffers, Danielson, Sonn & Aylward, PS 525.00 10/18/2022 Airport Contract Lease 158186 Jerrys Auto Supply 76.22 10/18/2022 Brake Shoes Eq#089 W/O 58220 158187 Jims Lock Service LLC 36.42 10/18/2022 Maintenance Supplies 158188 John Peterson 56.00 10/18/2022 Museum Consignment Sales 158189 Kaman Fluid Power LLC 2.72 10/18/2022 PVC Tubing 158190 Kelley Connect 233.48 10/18/2022 Copy Machine Toner 158191 Kim Wheaton 126.00 10/18/2022 Museum Consignment Sales 158192 Kottkamp & Yedinak, P.L.L.C.122.50 10/18/2022 Com Dev Pro Services 158193 Kris Chudomelka 51.45 10/18/2022 Museum Consignment Sales 158194 L N Curtis & Sons 20,292.48 10/18/2022 Shields 158195 Lad Irrigation Company Inc 4,489.28 10/18/2022 Valley Road Reconstruction 158196 Lake Auto Parts 125.05 10/18/2022 Carb Cleaner **$1.01 Discount Taken** 158197 Lakeside Disposal, Inc 25.67 10/18/2022 Recycling @ Fire 158198 Lee Ann St Clair 86.80 10/18/2022 Museum Consignment Sales 158199 Leslie Allan Barnett 750.00 10/18/2022 Fire Office 3 - Durfee 158200 LexisNexis Risk Solutions FL Inc 6,000.00 10/18/2022 Case Assistance Moses Lake Council Packet 10-25-22, Page 55 of 147 158201 Life Flight Network 75.83 10/18/2022 Pedro Morfin Membership Fee 158202 Localtel Communications 1,046.35 10/18/2022 Internet September 2022 158203 Maria Morales 72.90 10/18/2022 Museum Consignment Sales 158204 Martin Law LLP 8,120.00 10/18/2022 Wellfield Superfund Pro Services 158205 Martin Schempp 78.05 10/18/2022 Museum Consignment Sales 158206 McKesson Medical-Surgical 672.36 10/18/2022 Medical Supplies 158207 Merle Hardy 98.00 10/18/2022 Museum Consignment Sales 158208 Michael Nash 9,100.00 10/18/2022 Leadership Training 158209 Modern Building Systems, Inc 894.31 10/18/2022 Rental @ Sleep Center 158210 Moon Security Services Inc 156.96 10/18/2022 Service @ Museum & Com Dev 158211 Morrison Veterinarian Services 277.38 10/18/2022 K9 Jester and K9 Rex vet 158212 Moses Lake Police Guild 2,600.00 10/18/2022 October Police Dues 158213 Moses Lake Steel Supply 184.61 10/18/2022 Screws 158214 Norco Enterprises Inc 71.50 10/18/2022 Supplies 158215 North Coast Electric Company 129.60 10/18/2022 Contact Kits 158216 Northland Cable Television, Inc 104.95 10/18/2022 Internet Backup 158217 Northstar Chemical Inc 10,916.42 10/18/2022 SNS Maintenance Supplies 158218 NYS Child Support Prosessing Center 184.61 10/18/2022 NYS Child Support Gilmartin 158219 Oasis Auto Spa 1,297.50 10/18/2022 Car Washes Sept 2022 158220 Old Republic Surety Company 111,185.11 10/18/2022 Stratford Road Project 158221 Oreilly Auto Parts 138.42 10/18/2022 New Clutch Kit 158222 Oxarc Inc 56.11 10/18/2022 Cut off Wheels 158223 Paramount Supply Company 2,353.77 10/18/2022 Actuator 158224 Pasco Tire Factory, INC 1,222.85 10/18/2022 Tires/Balance/TPMS Eq#027 W/O 58431 158225 Perteet, Inc.1,327.50 10/18/2022 Moses Lake Mae Valley TMF 158226 Pro Touch Car Wash & Auto Detail LLC 6.97 10/18/2022 Self Serve Car Washes Sept 2022 158227 Protect Youth Sports 240.00 10/18/2022 Background Checks 158228 Pud Of Grant County 69,318.69 10/18/2022 Street Light Elec Services Sept 2022 158229 Quill Corporation 463.91 10/18/2022 Finance/Breakroom Supplies 158230 R&M Hansen, Inc 1,425.79 10/18/2022 Laundry Services September 22 158231 Racom Corporation 11.92 10/18/2022 Supplies 158232 Rdo Equipment Co.180.46 10/18/2022 V-Belt 158233 Redflex Traffic Systems Inc 47,701.93 10/18/2022 September 2022 Redflex 158234 Rexel USA 227.93 10/18/2022 Maintenance Supplies 158235 RH2 Engineering Inc.8,337.29 10/18/2022 Electrical Engineering Services. 158236 Robert Heale 905.80 10/18/2022 Museum Consignment Sales 158237 Satellite Industries Inc 2,195.64 10/18/2022 Maintenance Supplies 158238 Schindler Elevator Corp 357.59 10/18/2022 Elevator Maintenance Contract 158239 Sherwin-Williams 58.32 10/18/2022 Paint Strainers 158240 SHI International, Inc 2,196.18 10/18/2022 Fire Bunk Computers 158241 Shirtbuilders Inc 1,358.60 10/18/2022 Uniform Shirts 158242 Sirennet.Com 2,119.56 10/18/2022 Kit Laptop Dock/Adapter 158243 Skaug Brothers Carpet One 38.09 10/18/2022 Feather Finish 158244 Smarsh Inc 113.72 10/18/2022 Professional Archive 158245 SoftResources, LLC 7,200.00 10/18/2022 Phase 1 Complete 158246 Summit Law Group 960.00 10/18/2022 HR Pro Services 158247 Symbol Arts 385.63 10/18/2022 Badges Moses Lake Council Packet 10-25-22, Page 56 of 147 158248 Target Solutions Learning 99.99 10/18/2022 Crew Scheduling Software 158249 The DOH Associates 11,579.75 10/18/2022 LRC Pro Services 158250 The Driftmier Architects Ps 9,398.35 10/18/2022 Larson Rec Center Design. 158251 Tlg Properties LLC (Joe Garro)3,100.00 10/18/2022 Lease Nov '22 - TLC 158252 Traffic Safety Supply Company 8,471.23 10/18/2022 Sign Blanks 158253 Transunion Risk & Alternative 284.22 10/18/2022 Transunion 158254 Troxler Electronic Lab Inc 62.00 10/18/2022 TLD Badge 158255 Uniforms 2 Gear 992.52 10/18/2022 Vest 158256 United Way Of Ml 5.00 10/18/2022 2221 EE Contribution 158257 Ups Freight 89.60 10/18/2022 Weekly Service Fees 158258 Util Undrgrnd Location Center 107.07 10/18/2022 Utility Locates Sept 2022 158259 Verizon Wireless 11,786.03 10/18/2022 Cell Phone Service 158260 Wash Council Police & Sheriffs 500.00 10/18/2022 October WCPS Dues 158261 Waste Mgt Recycle America Inc 1,763.35 10/18/2022 Recycling Tipping Fees 158262 Weinstein Beverage Company 123.25 10/18/2022 Water 158263 Wilbur Ellis Company 259.35 10/18/2022 Spray Chemicals/Supplies 158264 WSCCCE, AFSCME, AFL-CIO 2,025.73 10/18/2022 October AFSCME Dues 158265 Zoll Medical Corp 18,116.89 10/18/2022 Defibrillator Repair/Refurbish $1,038,446.26 Moses Lake Council Packet 10-25-22, Page 57 of 147 TOTALS BY FUND: FUND NO FUND NAME AMOUNT 001 GENERAL FUND 279,119.60 102 TOURISM 1,350.00 103 GRANTS AND DONATIONS 277.38 110 HOMELESS SERVICES 2,696.15 114 PATHS/TRAILS - 116 STREET 55,186.77 119 STREET REPR/RECON 111,300.42 286 REFUNDING GO BONDS 2015 - 314 PARK & RECREATION IMPROVEMENTS 20,811.98 315 PARK MITIGATION CAPITAL PROJECTS - 410 WATER/SEWER 24,112.64 450 2011 BOND FUND - 452 2004 BOND FUND - 471 WATER RIGHTS - 477 WATER SEWER CONSTRUCTION 328,796.30 487 2015 GO BONDS REDEMPTION - 490 SANITATION 116,872.52 493 STORM WATER 804.75 495 AIRPORT 2,673.71 498 AMBULANCE 22,924.68 501 UNEMPLOYMENT COMPENSATION INSURANCE - 503 SELF-INSURANCE 8,120.00 517 CENTRAL SERVICES 9,160.05 519 EQUIPMENT RENTAL 43,325.93 528 BUILDING MAINTENANCE 10,837.55 611 FIRE PENSION - 623 DEPOSIT 75.83 631 STATE - TOTAL 1,038,446.26$ City of Moses Lake Tabulation of Claims Paid-Summary by Fund Council Meeting Date- 10/25/2022 Moses Lake Council Packet 10-25-22, Page 58 of 147 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 Mayor and City Council 7627 Allison Williams, City Manager Administration 10/25/2022 Consent Agenda Dieringer Water Right Acquisition City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 762,105.00$1,000,000.00$762,105.00$ Motion to authorize the City to enter in to the purchase and sale agreement for the acquisition of the Dieringer water rights. For Council consideration is the acquisition of water right certificate G3-20015C(A), which authorizes the use of water from a well for the irrigation of 50 acres north of Moses Lake. Water Right Certificate G3-20015C(A) was issued to Franklin and Lois Sharp by Ecology in 1978 and has an associated instantaneous quantity of 500 gallons per minute (gpm) and annual quantity of 220.9 acre-feet per year. The water right is now owned by the Dieringer family and is available for purchase and transfer to the City to support its ongoing objective to develop a shallow groundwater program. The City needs additional water rights to meet its future supply needs. The purchase price is $3,450 acre-feet per year (afy). If 220.9 afy are found valid and transferred to the City as a primary additive water right to the City’s portfolio, the total purchase price would be $762,105, however we anticipate that approximately 175 acre-feet will be found ineligible for transfer resulting in an $603,750 expenditure. This agreement is contingent on a 60-day due diligence period and then 12 months to process the rights through Ecology. The City's consultants, Aspect Consulting, have confirmed that this time period is reasonable given the condition of the water rights that they have researched. The City was unsuccessful in purchasing the Herring water rights due to a final stance taken by Ecology for the change of use and property owner notifications. Despite the City offering an amended approach, the property owners weren't willing to move forward. The Herring water rights purchases were budgeted at $865,750 (765- D) and $686,250 (766-D) respectively and so the Dieringer purchase at $762,105 replaces a portion of the budget expectation for water rights purchases in 2022 that would roll forward with the timing of this purchase. Moses Lake Council Packet 10-25-22, Page 59 of 147 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Options and Results Approve entering in to the purchase and sale agreement. Staff will bring back options for recommended changes. The city will not pursue this acquisition. Moses Lake Council Packet 10-25-22, Page 60 of 147 WATER RIGHT PURCHASE AND SALE AGREEMENT THIS WATER RIGHT PURCHASE AND SALE AGREEMENT ("Agreement") is entered into as of the ______day of ____________________, 2022 between the City of Moses Lake, a municipal corporation ("Moses Lake” or “the City" or “Buyer”) and Jeff Dieringer, Lynn Dieringer, Mark Dieringer and Christi Dieringer, private citizens ("Seller"), collectively termed the " Parties". This Agreement memorializes the terms and conditions for the City’s agreement to purchase water rights from the Seller. The Parties agree as follows: 1. Description of Water Right – Background. Seller is the owner of Grant County Parcel 170934000, along with the associated legally-established water right, described by the Department of Ecology (“Ecology”) as Certificate Number G3-20015C(A) (the “Water Right”), which authorizes the use of water from a well for domestic supply and irrigation of up to 50 acres north of Moses Lake. Water Right Certificate G3-20015C(A) was issued to Franklin and Lois Sharp by Ecology in 1978 and has an associated instantaneous quantity of 500 gallons per minute (gpm) and annual quantity of 220.9 acre-feet per year. The Parties understand that the United States of America filed a complaint in condemnation in United States District Court under cause No. 2-22-CV-00111 for the acquisition of the property owned by Seller and appurtenant to the Water Right. The condemnation proceedings exclude the Water Right. The Parties understand that the condemnation proceedings will likely conclude during the pendency of this Agreement and that the Seller may cease to be owners of the appurtenant property. 2. City Authority. The City has authority to enter into this Agreement as a municipal entity with responsibility for managing water within its jurisdiction. The City is interested in purchasing the above- referenced Water Right authority, inclusive of all instantaneous and annual quantities that are valid under the laws of the State of Washington that can be transferred for municipal use by the City, subject to the conditions set forth in this Agreement. 3. Purchase Price. The purchase price shall be $3,450 acre-feet per year (afy). If 220.9 afy are found valid and transferred to the City as a primary additive water right to the City’s portfolio, the total purchase price shall be seven hundred and sixty-two thousand, one hundred five and 00/100 dollars ($762,105). In the event that Ecology finds a different quantity valid and transferrable, the purchase price shall be $3,450 / afy times the annual quantity transferred to Buyer. 4. Due Diligence Period. Buyer shall have 60 days from the date of mutual execution of and delivery of this Agreement to perform a due diligence review of the Water Right and water use information from the Seller (“Due Diligence Period”). Seller acknowledges that Buyer’s due diligence review of the Water Right (“Due Diligence”) will include evaluation by Buyer and consultation with Ecology as to the nature, extent, quantity, and validity of the Water Right. Seller shall provide or make available to Buyer the following items within ten (10) business days after execution of this Agreement: 1. Copies of all appraisals, surveys, evaluations, or audits of the Water Right; 2. All documents reflecting Seller’s use of the Water Right, including without limitation, irrigation records, crop records, aerial photographs, flow meter data, energy records or power bills, and tax records; and 3. Any other documents and information in the possession or control of Seller and pertaining to the Water Right. The Parties agree to work in good faith to provide evidence of water use under the Water Right. Buyer or Buyer’s representatives can request additional information from Seller regarding the Water Right. Seller Moses Lake Council Packet 10-25-22, Page 61 of 147 will then have ten (10) business days to respond to Buyer’s request. Within thirty (30) days of the execution of this Agreement, Seller shall provide Buyer with information that is acceptable to Ecology and the Buyer to clear any claim by the owners of Grant County parcel 170936001 to the Water Right . In the event that Seller experiences a delay in obtaining the information or Ecology’s acceptance of the information, Seller may have an additional thirty (30) days to provide information relating to this paragraph. Seller’s obligation to produce clear title relative to the owners of Grant County parcel 170936001 within the allotted time is a condition precedent to Closing as provided for in Section 7.3 below. Buyer may consult with Ecology on the likely success of the proposed transfer during the Due Diligence Period and throughout the term of this Agreement. If Buyer is unsatisfied with the documents provided, it may terminate this Agreement with no further commitment or liability to the Seller. If Buyer is satisfied with the documents provided, it shall deposit Earnest Money into Escrow as described more fully below. The purchase of this Water Right pursuant to this Agreement is expressly conditioned on the receipt of all necessary final, non-appealable approvals from Ecology, on terms and conditions satisfactory to Buyer in its sole discretion, for change and transfer of said Water Right. 5. Escrow Holder. The Parties designate Cascadia Law Group to serve as Escrow Holder hereunder ("Escrow Holder"). Within 30 days of execution of this Agreement, Buyer shall provide a fully executed counterpart of this Agreement to Escrow Holder along with mutually agreed upon executed written escrow instructions and open the escrow account. Within 30 days following the conclusion of the Due Diligence Period to the Buyer’s satisfaction, Buyer shall deposit $40,000 Earnest Money into Escrow, which shall be credited against the final purchase price to the Seller if Ecology approves the transfer to Buyer’s satisfaction, or refunded in full to the Buyer if said transfer is denied, or the Conservancy Board declines to process it for a formal decision, or the water right is determined to be entirely invalid or entirely encumbered due to relinquishment. Escrow Holder shall notify Seller of receipt of the Earnest Money from Buyer. 6. Ecology Approval. Upon expiration of the Due Diligence Period, Buyer shall have twelve (12) months to seek Ecology Approval (the “Approval”) to transfer and use the Water Right for Buyer’s purposes (the “Transfer Application Period”) as demonstrated by the filing of an application for change with the Grant County Water Conservancy Board. Buyer’s obligation to proceed to Closing and to the purchase the Water Right is expressly made contingent on obtaining the Approval, unless Buyer waives said condition as provided in Section 7 below. Seller is not required to pay any of the costs associated with seeking the Approval from Ecology except as provided in paragraph 12.3. Seller in no way waives the right to dispute, challenge, or appeal decisions of Ecology. Seller will cooperate with Buyer in obtaining the Water Rights and Ecology Approval and will, at Buyer’s request, sign any applications necessary for such Ecology approval consistent with this Agreement. Seller agrees to execute affidavits from one or more individuals attesting to historical use of water to provide evidence regarding the nature, extent, and validity of the Water Right or to seek to obtain the same from previous owners and provide to Buyer. Buyer shall pursue the application diligently and with the goal of maximizing the quantities to be transferred. Buyer shall keep Seller fully apprised of the process and of all meetings, and Seller shall have the right to participate in all aspects of the process necessary or appropriate to protect Seller’s interests. In response to any questions or requests for additional information from Ecology, Seller will cooperate with Buyer by providing additional information or documents, allowing access and physical inspection to the land on which the Water Right was used (to the extent possible), and taking other reasonable actions necessary to obtain the Approval. Moses Lake Council Packet 10-25-22, Page 62 of 147 7. Buyer’s Conditions Precedent to Closing. Buyer’s obligations under this Agreement are expressly conditioned on, and subject to satisfaction of the following conditions precedent: 7.1 Performance by Seller. Seller shall have timely and fully performed all obligations required by this Agreement to be performed by Seller. 7.2 Representations and Warranties True. The representations and warranties of Seller contained herein shall be true and correct as of the Closing Date. 7.3 Title. Buyer shall have reviewed and approved the condition of title to the Water Right, including receipt of satisfactory evidence of clear title relative to the owners of Grant County parcel 170936001. 7.4 Ecology Approval. Buyer shall have determined in its sole discretion that it has obtained the Water Rights Approval during the Transfer Application Period. The foregoing conditions contained in this Section 7 are intended solely for the benefit of Buyer. If any of the foregoing conditions are not satisfied, Buyer shall have the right at its sole election either to waive the condition in question and proceed with the purchase or to terminate this Agreement upon written notice to Seller and Escrow Holder whereupon this Agreement shall automatically terminate, the Earnest Money Payment shall be refunded in full to Buyer, and neither party hereto shall have any further rights or obligation hereunder. 8. Seller’s Conditions Precedent to Closing. Seller’s obligations under this Agreement are expressly conditioned on, and subject to satisfaction of the following conditions precedent: 8.1 Performance by Buyer. Buyer shall have timely performed all obligations required by this Agreement to be performed by Buyer. 8.2 Representations and Warranties True. The representations and warranties of Buyer contained herein shall be true and correct as of the Closing Date. The foregoing conditions contained in this Section 8 are intended solely for the benefit of Seller. If any of the foregoing conditions are not satisfied, Seller shall have the right at its sole election either to waive the condition in question and proceed with the purchase or to terminate this Agreement upon written notice to Buyer and Escrow Holder whereupon this Agreement shall automatically terminate, the Earnest Money Payment shall be refunded in full to Buyer, and neither party hereto shall have any further rights or obligation hereunder. 9. Title to Water Right. Seller shall convey to Buyer at Closing marketable fee simple title to the Water Right by execution and delivery of a statutory warranty deed to the Water Right in form and substance satisfactory to Buyer and Buyer’s counsel, free and clear of all liens, exceptions, and other encumbrances except those approved by Buyer during the Due Diligence Period. Seller represents and warrants that as of the date of this Agreement, there are no liens, exceptions, or other encumbrances which affect the Water Rigt. 10. Seller Actions Regarding Water Right. Seller shall not take or permit any action that could be construed as abandonment, encumbrance, or relinquishment of the Water Right in whole or in part. The Parties agree that Seller can temporarily transfer the Water Right to the State Trust Water Right Program during the pendency of this Agreement. Moses Lake Council Packet 10-25-22, Page 63 of 147 11. Condition of Title. Except as provided herein, Seller hereby agrees from and after the date hereof until the Closing or the termination of this Agreement that Seller will not: (a) Take any action that will adversely affect title to the Water Right; (b) Lease, rent, mortgage, encumber, or permit the encumbrance of all or any portion of the Water Right without the prior written consent of Buyer, which Buyer may grant or withhold in its sole and absolute discretion. 12. Closing. The Closing hereunder (“Closing”) shall be held and delivery of all items to be made at the Closing under the terms of this Agreement shall be made at the offices of the Escrow Holder ten (10) business days following expiration of the Transfer Application Period (e.g, which includes final Ecology Approval and the running of all appeal periods) or such other date as Buyer and Seller may mutually agree in writing (the “Closing Date”). All documents shall be deemed delivered on the date that the Deed conveying the Water Right is recorded. 12.1 Delivery by Seller. On or prior to the Closing Date, Seller shall deposit with the Escrow Holder the following: (a) Statutory Warranty Deed conveying fee simple title to the Water Right free and clear of all liens, encumbrances, or other defects in substantially the same form set forth in Exhibit A duly executed and acknowledged by Seller in recordable form, and ready for recordation on the Closing Date together with a duly executed real estate excise tax affidavit; (b) Affidavit executed by Seller that satisfies Section 1445 of the United States Internal Revenue Code regarding foreign investors (the “FIRPTA Affidavit”). The purpose of the FIRPTA (26 U.S.C. 1445) is to collect taxes due on sale of real estate owned by foreign individuals or entities which do not pay US taxes. This Affidavit is a statement by the Seller that they are not a foreign investor and pay taxes to the United States Internal Revenue Service. (c) Confirmation of warranties made by Seller under this Agreement; (d) Such resolutions, authorizations, certificates, or other documents or agreements relating to Seller as shall be reasonably required by Buyer, Escrow Holder, or Title Company in connection with this transaction. 12.2 Delivery by Buyer. On or prior to the Closing Date, Buyer shall deposit with Escrow Holder the Purchase Price, in cash or immediately available funds, less the value of the Earnest Money Payment pursuant to Section 5. 12.3 Costs and Expenses. Seller shall pay any and all real estate excise taxes and cost of any documentary or other transfer taxes applicable to the sale of the Water Right. Buyer shall pay the cost of the premium for a policy of title insurance, if any, and the cost of any endorsements Buyer requests, and the cost to record the Statutory Warranty Deed. Buyer shall pay the escrow fees payable to the Escrow Holder. Each party is responsible for its own fees and expenses of legal counsel, consultants, and brokerage agents; provided, however, that Seller shall pay for any consulting costs and administrative fees associated with establishing clear title for the Water Right, and Buyer shall pay for any consulting costs and administrative fees associated with obtaining approval for the permanent transfer of the Water Right. 12.4 Recordation. Provided that Escrow Holder has not received prior written notice that any condition set forth herein has not been fulfilled or that either party has elected to terminate its rights and obligations hereunder in accordance with the terms and conditions of this Agreement, Escrow Moses Lake Council Packet 10-25-22, Page 64 of 147 Holder is authorized and instructed at 8:00 a.m. (or as soon thereafter as possible) on the Closing Date to: (a) Record the Statutory Warranty Deed in the official records of Grant County, Washington; (b) Deliver the FIRPTA Affidavit and all other documents described in Section 12 to Buyer; (c) Deliver to the parties their respective closing statements in the form customarily prepared by the Escrow Holder. 13. Representations and Warranties. In order to induce Buyer to enter into this Agreement and the transactions contemplated hereby, Seller makes the following representations and warranties as of the date of this Agreement and again as of the Closing Date: 13.1 Title. As of the Closing Date, Seller shall possess good, marketable title to the Water Right, free and clear of all liens, encumbrances, and exceptions except those approved by Buyer in writing during the Due Diligence Period, and Seller is aware of no matters which adversely affect title thereto. Seller has perfected the Water Right and the Water Right has not been abandoned, encumbered, nor relinquished and there is no impediment, legal or otherwise, to the use of the Water Right. 13.2 No litigation. Except as provided herein, there is no claim, litigation, action, arbitration, legal, administrative, or other proceeding, investigation, or inquiry pending or threatened against the Water Right , or pending or threatened against Seller which could affect Seller’s title to the Water Right, or affect the value of use of the Water Right, or subject Buyer of the Water Right, to liability, nor is there any basis known to Seller for any such claim, litigation, action, arbitration, proceeding, investigation, or inquiry. 13.3 No Leases. There are no leases, licenses, permits, assignments, or other agreements granting any person the right to use the Water Right or any portion thereof. 13.4 No Prior Options, Sales, Leases, or Assignments. Seller has not granted any options, right of first refusal, or entered into any other agreement that would commit or obligate Seller in any manner whatsoever to sell or lease the Water Right, or any portion thereof, to any party other than Buyer. 13.5 No Defaults. Neither the execution of this Agreement, the consummation of the transactions contemplated hereby (so long as the Water Right transfer application is approved by Ecology), nor the fulfillment of the terms hereof, will conflict with or result in a breach of any of the terms, conditions, or provisions of, or constitute a default under, any agreement or instrument which affects Seller or the Water Right or any portion thereof or to which Seller or the Water Right are subject or any applicable law, rule, or regulation of any governmental body having jurisdiction over Seller or the Water Right. 13.6 Reports. All certificates and documents containing factual information to be delivered by Seller or by Seller’s agents in connection with this Agreement, are and shall, to the best of Seller’s knowledge, be true and correct and do not and shall not contain any untrue statement of material fact or omit to state any material fact the disclosure of which is necessary to make the statements contained therein and herein, in light of the circumstances under which they are made, not misleading. 13.7 Brokerage Commissions. Brokerage commissions, are to be borne by Seller. Fees and costs of consultant Aspect Consulting LLC are to be borne by Buyer. 13.8 No Other Water Rights. No water rights, other than the Water Right that is the subject of this Agreement, are associated with or available for use on the property to which this Water Right is Moses Lake Council Packet 10-25-22, Page 65 of 147 appurtenant. Each of the above representations and warranties is material and has been relied upon by the Buyer in making its decision to enter into this Agreement, and shall survive the Closing of the purchase of the Water Right contemplated by this Agreement. 14. Notices. All notices to be given by either party to the other pursuant to this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight delivery service, or by certified or registered mail, return receipt requested and addressed as set forth below. Notices shall be deemed to have been given and delivered upon receipt if hand delivered. Any party, by written notice to the other as above described, may alter the address for receipt by it and its agents of written notices hereunder. To Seller: Jeff, Lynn, Mark and Christi Dieringer 9327 Rd 10 NE Moses Lake, WA 98837 With copy to: Jessica Kuchan, Confluence Law, PLLC 21 Ave A., Ste 4 Snohomish, WA 98290 (206) 502-4401 kuchan@confluencelaw.com Ed Kemp, H2O 4U Consulting 524 N. Bluff West Dr. Moses Lake, WA 98837 (509) 750-1865 ekemp@homenetnw.net To Buyer: City of Moses Lake, Attention City Manager 401 South Balsam Street Moses Lake, WA 98837 With copy to: Katherine Kenison, City Attorney 406 W. Broadway Avenue, Suite D Moses Lake, WA 98837 Jill Van Hulle 504 14th Ave SE, Suite 200 Olympia, WA 98501 (360) 810-3508 jvanhulle@aspectconsulting.com 15. Risk of Loss. All risk of loss shall remain with Seller until Closing, including diminution in the quantity of the Water Rights through any cause whatsoever, including amendment to laws or regulations. Moses Lake Council Packet 10-25-22, Page 66 of 147 16. Time of the Essence. Time is of the essence of this Agreement. 17. Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between Buyer and Seller pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, representations, and understandings. No modification, termination, or amendment of this Agreement may be made except by written agreement signed by both parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. All terms, provisions, and conditions of this Agreement shall inure to the benefit of and be enforceable by Seller, Buyer, and their respective heirs, successors, and permitted assigns. 18. Survival. All provisions of this Agreement which involve obligations, duties, or rights which have not been determined or ascertained as of the Closing Date or the recording of the Deed to the Water Rights and all representations, warranties, and indemnifications made in or to be made pursuant to this Agreement shall survive the Closing Date and/or the recording of the Deed to the Water Rights. 19. Memorandum of Agreement. Seller shall execute, acknowledge, and deliver to Buyer, simultaneous with the execution hereof, a memorandum of this Agreement in a form acceptable to Buyer, which shall, at Buyer’s option, be recorded in the real property records of Grant County. 20. No Merger. The obligations contained in this Agreement, except for those specifically discharged in escrow (such as conveyance of title to the Water Rights and delivery of money and documents in the escrow), shall not merge with transfer of title but shall remain in effect until fulfilled. 21. Remedies Upon Default. In the event that Seller defaults in the performance of any of Seller’s obligations under this Agreement, Buyer shall have the right to (a) demand and have specific performance of this Agreement, or (b) terminate this Agreement upon written notice without liability to Seller in which event Escrow Holder shall promptly return the Earnest Money Payment, together with any investment interest thereon, to Buyer as liquidated damages and not as a penalty. In the event Buyer defaults, without legal excuse, in the performance of any of its obligations under this Agreement, the Earnest Money Payment made by Buyer shall be forfeited to Seller as liquidated damages and not as a penalty for Buyer’s breach as the sole and exclusive remedy available to Seller for such default. 22. Attorney’s Fees. If any legal action is brought by either party to enforce any provision of this Agreement the prevailing party shall be entitled to recover from the other party reasonable attorney fees and court costs in such amount as shall be allowed by the court. 23. Representation. Each party has had the opportunity to have this Agreement reviewed by their own counsel. This Agreement and each of the terms and provisions hereof are deemed to have been explicitly negotiated between, and mutually drafted by the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against any Party. 24. Governing Law and Venue. The laws of the State of Washington shall govern the validity, enforcement, and interpretation of this Agreement. The venue of any legal action shall be in Grant County, Washington. Moses Lake Council Packet 10-25-22, Page 67 of 147 25. Signature Authority. Each of the individuals signing below represent and warrant that they have the authority to sign this Agreement and that the Agreement is binding on the entity for which they are signing without any further or subsequent approvals or ratifications. 26. Confidentiality. Excluding the contents of the Memorandum of Agreement provided for in Section 19 of this Agreement, Seller shall keep the terms and conditions of this Agreement confidential and shall not in any manner, directly or indirectly, disclose, communicate, or otherwise make available such terms and conditions to any third party without the prior consent of the Buyer, except as required by law. Effective Date. The effective date of this Agreement shall be the date of the last signature below. BUYER: SELLER: By:_____________________________________ By: Name: Allison William Name: Jeff Dieringer Title: City Manager Title: Owner Date: Date: By: Name: Lynn Dieringer Title: Owner Date: By: Name: Mark Dieringer Title: Owner Date: By: Name: Christi Dieringer Title: Owner Date: Moses Lake Council Packet 10-25-22, Page 68 of 147 STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that ________________ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as Owner and acknowledged it to be him free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:_____________________, 2022. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that ________________ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as Owner and acknowledged it to be him free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:_____________________, 2022. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ Moses Lake Council Packet 10-25-22, Page 69 of 147 STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that ________________ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as Owner and acknowledged it to be him free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:_____________________, 2022. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that ________________ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as Owner and acknowledged it to be him free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:_____________________, 2022. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ Moses Lake Council Packet 10-25-22, Page 70 of 147 STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that Allison Williams is the person who appeared before me and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as City Manager of the City of Moses Lake, and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED:_____________________, 2022. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ Moses Lake Council Packet 10-25-22, Page 71 of 147 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 7615 Tony Massa Municipal Services 10/25/2022 New Business Stormwater Comprehensive Plan Award City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 550,242.00$430,305.00$119,938.00$ City Staff recommends awarding the contract for creating the City's new Stormwater Comprehensive Plan to NB Engineers LLC (Evergreen Storm H20) for $199,884. City of Moses Lake SW Comp Plan SOW FINAL.pdf 207.42KB Moses Lake Council Packet 10-25-22, Page 72 of 147 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: On July 29th, 2022, the Municipal Services Department Engineering Division advertised a Request for Qualifications for engineering consultants interested in providing the City of Moses Lake with a Stormwater Comprehensive Plan. The city does not currently have a Stormwater Comprehensive Plan. Two Engineering Consultant firms formally responded to the request. Each consultant summarized their relevant experience working with other municipalities, project team member resume information, references and a summary of their understanding of the project requirements. State Laws require that selection of engineering services must be conducted by qualifications first, then fee negotiations second. Bidding for engineering services is not allowed. A committee consisting of municipal services staff (Tony Massa, Public Works Director; Scott Allsbrook, Stormwater; and Brad Mitchell, Stormwater Systems Manager) separately studied the qualifications of each applicant and independently scored them using a common scoring matrix. The matrix developed a weighted average numerical score for each applicant based on the information that each firm provided in their statements of qualifications. The selection process transpired without any reference to each firm’s expected budget. After independently scoring each applicant, the committee met on August 30, 2022, to combine their scores into an overall average numerical score and to discuss the results. The firm that was selected to move forward into the price negotiation phase was NB Engineering LLC (Evergreen Storm H20). Following the selection process, each firm was notified of the results. The City requested that NB Engineers prepare a detailed scope of work, along with a cost schedule for the project. The Municipal Services department is in favor of contracting this work out to a professional firm to provide the City with a thorough and data-based Stormwater Comprehensive Plan. It will be referenced for years to come to inform and guide policy, provide gap analysis of Washington Department of Ecology Permit requirements, capital improvements, rate study, and preventive maintenance decisions. On September 29 2022 NB Engineering (Evergreen Storm H20) submitted their scope of work and Cost Schedule for the Stormwater Comprehensive Plan. The Scope of Work identifies 7 Tasks within the Comprehensive Plan 1. Project Management and Administration 2. Gap Analysis of MS4 Permit, UIC Rule, and Level of Service Goals 3. Asses Existing Stormwater Assets 4. Develop Capital Improvement Budget for next 10 years, Model Development 5. Rate Study 6. Develop Written Comprehensive Stormwater Plan 7. Update Operation and Maintenance Stormwater Manual (Due December 31,2022) Tasks 1,2,3,6,7 will be partially funded by Washington Department of Ecology Annual Grant in the amount of $132,500 with the City's remaining portion of $67,384 Tasks 4 and 5 will be partially funded by Washington Department of Ecology Water Quality Combined Financial Assistance Match Grant in the amount of $350,358 with the City's match of 15%, This match was negotiated from 25% to 15%. In total the City's contribution will be $119,938 which was included in the 2023 Stormwater Budget. Options and Results Approve N/A The City will be out of compliance with the required NPDES MS4 permit with Department of Ecology Moses Lake Council Packet 10-25-22, Page 73 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 1 Project: Comprehensive Stormwater Plan Client: City of Moses Lake Consultant: Evergreen StormH2O Contract No.: 22018 BACKGROUND AND PURPOSE In 2007 the City of Moses Lake (City) qualified for an Eastern Washington (EWA) Phase II combined National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permit for Discharges from Small Municipal Separate Storm Sewers (MS4s) [MS4 Permit]. Since the first MS4 Permit issuance, the City has experienced considerable economic growth particularly with industrial and residential development resulting in many areas transitioning from farmland. The primary goal of this project is to develop a comprehensive stormwater plan and rate study that supports and will fund the City in maintaining compliance with regulatory requirements and a proactive plan for expanding their stormwater system to keep pace with growth while maintaining the functionality of their existing assets. These project goals will be achieved by completing the following. • Review existing city information and regulatory requirements (Tasks 2 & 3) to develop an actionable comprehensive stormwater plan that the City can utilize. • Evaluate and recommend city resource needs and improvements to support compliance and utility operation by performing a gap analysis that considers current and anticipated MS4 Permit requirements, UIC Program Rule (UIC Rule), and level of service (LOS) goals for unregulated stormwater elements (Task 2). • Evaluate and recommend improvements in the stormwater collection system based on conveyance goals, policies, and anticipated growth (Task 3 & 4). • Develop and implement a well-defined system for prioritizing Capital Improvement Plan (CIP) projects that includes preliminary engineering and planning-level cost estimates (Task 4). • Conduct a rate study of the stormwater utility fees and evaluate rate structure options that equitably allocates costs among ratepayers and streamlines calculating rates (Task 5). • Communicate comprehensive plan and rate change impacts to City Council, stakeholders, and the public (Task 6). • Develop the City of Moses Lake’s Operations and Maintenance (O&M) Stormwater Manual that is compliant with S5.B6.a by December 31, 2022 (Task 7). Note: The Task 4 CIP Projects, Task 5 Rate Study, and portions of Task 6 are not included in this Scope of Work. An Ecology Water Quality Grant is being developed that will be submitted by October 12, 2022 that could fund this work starting in July 2023. The scope of work and fees for this work will be addressed in a future amendment. Moses Lake Council Packet 10-25-22, Page 74 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 2 Task 1 Project Management and Administration This task covers the management, administration, and coordination of the work by the Consultant Team as defined in this Contract including project management, preparation of monthly invoices, project schedule maintenance, and overall coordination with the City. Consultant Services • General project coordination o Set up and close out the consultant contract. o Coordinate and manage the project team (including subconsultant) in the successful completion of the scope of work tasks. o Prepare and manage the project schedule. o Develop and manage a project SharePoint site for sharing project documents with the City. o Prepare amendments to this contract if needed. • Invoicing o Prepare and electronically submit monthly invoices with attached monthly status reports describing the following: ▪ Services completed during the month ▪ Services planned for next month ▪ Need for additional information ▪ Scope/Schedule/Budget issues, if applicable ▪ Schedule update and financial status summary • Monthly Check-In Meetings: o Prepare for and attend one (1) hour monthly check-in meetings for the duration of the project. o The purpose of these meetings is to review the project status with the City (work completed since previous meeting), review work planned, provide schedule updates, and collect the City’s feedback. o The first meeting will be a two (2) hour project kickoff meeting. The purpose of this meeting is for the Consultant Team to meet City Stormwater Staff and discuss the following items: ▪ The City’s project goals and vision for the project results ▪ Confirm the project schedule ▪ Develop a communication plan ▪ Identify all the stormwater elements that are funded by the Stormwater Utility and define the level of service (LOS) goals ▪ Identify all local requirements that may impact project work Moses Lake Council Packet 10-25-22, Page 75 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 3 ▪ Discuss data needed vs. available and develop a plan for transferring data to the Consultant Team o Materials to be developed for these meetings include an agenda, meeting notes, and an action item list. Client Responsibilities • Provide input on the scope, priority of Tasks, Schedule, and Budget. • Process payment of invoices within 30 calendar days of invoice. • Attend all meetings. • Review and process contract change requests and amendments, if needed. Assumptions • The project duration will be eight (8) months starting after the contract is executed. • Invoices will be the Consultant Team standard invoice format, submitted electronically. Budget assumes eight (8) invoices and status reports over the project duration. • All meeting notes will be in a bulleted format and limited to a summary of the meeting discussion, decisions made, and action items. • Monthly status reports will also be used as the check-in meeting agenda. • Project Check-in Meeting agendas will be emailed to the client one business day before the meetings and meeting notes will be emailed to the City within 5 business days after meetings. • The budget assumes three (3) of the eight (8) check-in meetings with the Consultant Team Project Manager will be held in person and the other five will be held via webinar. • Travel time and mileage is included in the budget for in person meetings. Deliverables • Monthly Progress Reports • Project Schedule and Updates • Project Check-in Meeting Agendas, Minutes, and Action Items Task 2 Gap Analysis The focus of this task is to compare the requirements of the MS4 Permit, UIC Rule, and LOS goals defined by the City, to what the City is actually doing as a part of their stormwater program. The gap analysis will identify where improvements are needed to meet current and anticipated regulatory requirements as well as the City’s LOS goals. Additional resources needed to meet these requirements will be estimated for future program growth and development. This task also includes collecting the data needed to conduct the gap analysis. Consultant Services Moses Lake Council Packet 10-25-22, Page 76 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 4 • Identify Stormwater Elements and Define Level of Service Goals o Meet with the City to identify all elements of the stormwater program that will be funded by the utility including elements that are governed and not governed by the MS4 Permit and the UIC Rule. o Meet with the City to define LOS goals and identify relevant local requirements. Goals for LOS are a measure of the type of actions provided by the City to maintain the operation of the Stormwater Utility at an acceptable level. LOS goals also provide an understanding between stormwater funding needs with respect to the services provided. o Develop a summary of all stormwater elements and LOS goals. • Customize Compliance Checklist o The Consultant has developed a compliance checklist that outlines the requirements in the 2019–24 EWA MS4 Permit, anticipated 2024-2029 permit requirements, and the UIC Rule. The compliance checklist will be used as guidance to evaluate documents provided by the City and conduct interviews with City personnel to assess compliance. After the project kickoff meeting, the checklist will be modified to incorporate local requirements, LOS goals, as well as the City’s goals and priorities for the project. o The checklist will cover the items identified during the project kickoff meeting along with the following program components from the City’s MS4 Permit and the UIC Rule: ▪ General Requirements ▪ S5.B.1 Public Education and Outreach (E&O) ▪ S5.B.2 Public Involvement and Participation ▪ S5.B.3 Illicit Discharge Detection and Elimination (IDDE) ▪ S5.B.4 Construction Site Stormwater Runoff Control ▪ S5.B.5 Post-Construction Stormwater Management for New Development and Redevelopment ▪ S5.B.6 Municipal Operations and Maintenance (O&M) ▪ S8. Monitoring and Assessment ▪ S9. Reporting Requirements ▪ Anticipated 2024-2029 MS4 Permit additional requirements ▪ UIC Rule (WAC 173-218) as defined in the Ecology Stormwater Manual for Eastern Washington (SWMMEW) Section 5.6 • Collect Documents and Records o Identify and collect documents and records needed to complete the compliance checklist. The draft list of needed documents and records will be provided to the City during the project kickoff meeting. This list will include but not be limited to the following: ▪ Past Stormwater Management Plan(s) and Annual Reports Moses Lake Council Packet 10-25-22, Page 77 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 5 ▪ Notifications of non-compliance ▪ Interlocal agreements ▪ Standard Operating Procedures (SOPs) ▪ Program description documents: Stormwater Design/O&M Manuals, etc. ▪ Effectiveness Study documents ▪ Moses Lake Municipal Code (applicable sections) ▪ SWMMEW and local requirements relevant to the Stormwater Utility ▪ SWPPP for City sites ▪ Stormwater related standard details ▪ Public education and outreach materials ▪ GIS database of stormwater facilities: storm drain systems, outfalls, BMPs, etc. (collected as part of Task 3) ▪ Maintenance records ▪ City Staff training records ▪ Construction site project files o Develop an inventory of the documents and records collected. • Gap Analysis Kickoff Meeting o The Consultant Project Manager and Compliance Lead will prepare for and attend one (1) two-hour gap analysis kickoff meeting. o The purpose of this meeting is for the Consultant Team to meet with the City program leads to prepare them for the gap analysis. This is expected to include: presenting an overview of the gap analysis process and schedule; providing the program leads with the compliance checklist relevant to their department; requesting needed documents and records; scheduling interviews with each program lead; and setting deadlines for providing documents and records. o Materials to be developed for these meetings include an agenda, final list of documents and records needed, final compliance checklist for each program lead, project schedule, meeting notes, and an action item list. • Interview City Personnel o Interview City personnel who are the program leads for different elements of MS4 and UIC Rule compliance, as well as desired LOS for those aspects of the Stormwater Utility that are not governed by the MS4 Permit or the UIC Rule, or aspects for which the City needs a higher LOS than required. Interviews will cover all elements of permit compliance that are under the lead’s authority. The following leads are expected to be interviewed (multiple lead positions may be held by one person): ▪ The City’s Stormwater Manager ▪ Operations and Maintenance Lead ▪ E&O Lead ▪ New Development/Redevelopment (post-construction) Lead Moses Lake Council Packet 10-25-22, Page 78 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 6 ▪ Construction Lead ▪ Illicit Discharge Detection and Elimination (IDDE) Lead ▪ Monitoring and Assessment Lead o Following the interviews, notes will be developed in the compliance checklist on the components discussed in the interviews. o Conduct follow-up interviews if necessary. • Additional Maintenance Staff Interview Questions o During the interview with City maintenance staff (responsible for maintaining the existing stormwater system) additional questions will be asked to collect the following information: ▪ List of responsibilities of maintenance crew for covering maintenance needs beyond what is required for compliance with the MS4 permit or UIC Rule. ▪ List and description of known drainage areas of concern or other types of problem areas that may need to be addressed as part of the Task 3 work. ▪ Questions related to developing the Task 7 Operations and Maintenance Manual. • Review Documentation and Complete Compliance Checklist o Review documents and records collected. o Evaluate program components identified in the Compliance Checklist compared to the City’s current municipal code to assess permit compliance. For each section and subsection of the MS4 Permit and UIC Rule, the following information will be entered into the compliance checklist: ▪ Summary of existing and planned activities associated with compliance. For planned activities, the planned date for implementation will also be noted. ▪ Rating of program’s permit requirement coverage, rated as “none”, “partial”, “meets”, or “exceeds” ▪ Description of program gap ▪ List of responsible staff ▪ Estimated annual staffing needs and other resources associated with permit requirement. Staffing needs will be estimated as the number of full- time employees (FTEs) required to meet regulatory requirements and LOS goals. ▪ Each program component requirement will be categorized by the following six (6) types to assist with organizing gaps and recommendations: − Data Management – Requirements regarding the collection of sets of information such as monitoring, mapping, water quality, etc. Moses Lake Council Packet 10-25-22, Page 79 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 7 − Policy Development & Implementation – Requirements regarding utility and/or City procedures, ordinances, municipal code, new and redevelopment requirements, LID, etc. as well as a schedule for implementation − Training – Requirements regarding education of staff, businesses, and public − Documentation – Requirements regarding the submittal of documents/reports to Ecology and/or the creation of documents/reports for internal use or distribution to the public − Recordkeeping – Requirements to retain information, records, and forms − Operations & Maintenance – Requirements regarding stormwater- management-related O&M, such as O&M of structural BMPs and pollution prevention practices. o Create an inventory of City resources required for implementing the new Comprehensive Plan and identify additional needed resources. This may include personnel and financial resources as well as office equipment, field and monitoring equipment, and operations and maintenance equipment. • Develop Resource Estimate o Using the results of the gap analysis and the recommendations for the City’s inventory of stormwater assets developed in Task 3, develop an estimate of annual resources including FTEs and equipment needed to complete the duties of the Stormwater Utility. The FTE estimate is expected to include but not be limited to the number of FTEs needed to accomplish the following: ▪ Meeting MS4 Permit and UIC Rule requirements ▪ Maintaining stormwater assets not regulated by the MS4 permit and/or the UIC Rule (based on City defined level of service goals) ▪ GIS asset mapping management ▪ Responding to public drainage complaints, requests for information, and other interactions with the public ▪ Managing design and construction of City stormwater projects ▪ Supervision of full-time employees and temporary seasonal staff ▪ Securing funding for the Stormwater Utility through grant applications or other methods ▪ Coordination on stormwater elements with other City departments ▪ Stormwater Utility locates ▪ Completing new Stormwater Utility responsibilities ▪ Anticipated increase in FTEs needed during a 10-year planning horizon using a multiplier based on City growth projections o Develop a table summarizing resource estimates for each LOS goal. Moses Lake Council Packet 10-25-22, Page 80 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 8 • Gap Analysis and Recommendations for Improvement o Compare the MS4 permit requirements and UIC Rule guidance in the compliance checklist to the information collected about the City’s existing stormwater management program to identify gaps in compliance. This will include developing a summary of each gap and areas for improvement. o For stormwater elements not regulated by the MS4 Permit and UIC Rule, evaluate the City’s LOS goals compared to the City’s existing activities, identify gaps, and develop recommendations for improvement to assist the City with meeting their LOS goals. o Develop a plan and schedule (table format) for implementing improvements. Possible improvement recommendations may include updates to City ordinances, modifications to the O&M program, increased monitoring, changes to record keeping procedures, and other improvements that may help with improving regulatory compliance. o Identify resources needed for implementing improvements including funding, FTEs required, and equipment and specific resources needed to manage the range of levels of service considered as part of this task. o Summarize gaps, recommendations for improvement, and resource needs into the compliance checklist. • QA/QC Review o Complete QA/QC review of compliance checklist, improvement plan, and Resource estimate. Client Responsibilities • Provide the requested documents, records, and information for the Consultant Team to complete the compliance checklist within an agreed-upon timeline after receiving the Consultant Team’s request for information. • The City is responsible for coordinating with the program leads to identify all the staff that need to attend interviews to address questions that focus on the specific section(s) of the MS4 Permit and UIC Rule under the program lead’s authority. • The City will use track changes, mark-up, and/or comment options in Excel or a PDF- compatible program to provide comments on draft deliverables. • Review project deliverables and provide one consolidated list of review comments on the project shared site for the Consultant Team within the agreed-upon time frame. • The City Project Manager will review comments provided by City staff and identify which comments the Consultant Team will address as well as provide proposed resolution for conflicting comments. • Attend interviews with program leads. Assumptions Moses Lake Council Packet 10-25-22, Page 81 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 9 •The meeting to identify the stormwater elements and LOS goals will occur during the project kickoff meeting. •The Consultant Team will set up a SharePoint project site for sharing project documents with the City or use a site setup by the City. •This work will not include any field assessments or inspections. •The budget assumes 16 hours for interviews. •Interviews will be scheduled by the Consultant Team with each program lead and relevant staff to focus on the specific section(s) of the MS4 Permit under the program lead’s authority. If follow-up questions are needed with the program lead, they will be conducted over the phone. •Interviews will be held in person. •The hours budgeted for the Consultant Team to review the City’s documentation and complete the compliance checklist assume that documentation (documents and records) provided by the City are complete (contain the information needed to complete the checklist), readable, in an electronic format that is searchable, and organized in a way that is efficient for obtaining information (e.g., organized by type of document, City department, date collected, etc.). After receiving the City’s documentation, if more time is needed for organizing or sorting documents, the Consultant Team will set up a meeting with the City to discuss the document(s) and determine whether the City will complete additional organization work or issue an amendment for the Consultant Team to organize the documents. •The Consultant Team will use the comment option in Excel or a PDF compatible program to respond to all City comments on draft deliverables. Revisions to draft deliverables will be submitted via email back to the City for official record of how the comments were addressed. •The budget assumes one round of comments from the City on draft deliverables which the Consultant Team will incorporate into the final documents. Deliverables •Draft and Final Summary of All Stormwater Elements and LOS Goals •Inventory of the Documents and Records Collected •Gap Analysis Kickoff Meeting Agenda, Minutes, and Action Items •Draft and Final Resource Estimate Table •Draft and Final Compliance Checklist & Recommendations for Improvement •Final deliverables for this task will be incorporated into the Task 6 Stormwater Comprehensive Plan Task 3 Assess Existing Stormwater Assets This task focuses on reviewing the City’s existing inventory of stormwater assets, including existing and proposed stormwater service areas. The Consultant Team will evaluate the data for completeness and develop an asset evaluation process for conditional assessments with Moses Lake Council Packet 10-25-22, Page 82 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 10 input from the City to define evaluation metrics. This information will be used to develop a long- term plan for repairing and or replacing assets. Consultant Services •Collect Documents and Data o Identify, collect, and review documents and records needed to complete the existing stormwater assets assessment. A draft list of needed documents and data will be provided to the City and combined with the Task 2 list of requested documents and records. This list will include but not be limited to the following: ▪GIS data of stormwater assets ▪As-built records ▪Drainage reports ▪Citizen complaints o Develop an inventory of the documents and records collected. A list will be kept for any areas with missing or inadequate data along with assumptions for how to address the missing data, and/or how other components of the Plan were revised or modified because of the data gaps. •Interview Maintenance Staff o In conjunction with Task 2, City maintenance staff responsible for maintaining the City’s existing stormwater system will be interviewed to collect the following information: ▪List of responsibilities of maintenance crew for covering maintenance needs beyond what is required for compliance with the MS4 Permit and UIC Rule. ▪List of anticipated responsibilities for maintaining new stormwater systems that will be added to the City’s stormwater service area over the next 10 years. ▪Description of known drainage areas of concern or other types of problem areas that may need to be addressed as part of the CIP budget. o Develop a summary of the interview notes. •Develop and Update Inventory of Stormwater Assets o Review the City’s existing inventory of stormwater assets for completeness (e.g., are all of the assets in GIS and if so, is all necessary data available for each asset). A recommendation will be made to collect additional data, if necessary. Stormwater assets to be reviewed are expected to include the following: ▪Storm drains ▪Manholes and catch basins Moses Lake Council Packet 10-25-22, Page 83 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 11 ▪ Ditch and culvert conveyance systems ▪ Pipe network conveyance systems ▪ Drywells and other infiltration facilities ▪ Stormwater BMPs ▪ Regional stormwater management facilities o Review areas that will be added into the City’s Stormwater Service Area (e.g., new development, anticipated annexed areas, etc.) over the next 10 years to estimate the number of assets needed for areas without existing data. o For areas where there are existing assets missing from the GIS data, they will be located by performing GIS analysis with topography data and aerial images to identify locations of ditches, culverts, and other stormwater assets. Locations will be confirmed with site visits at selected areas and recommendations will be developed for updating the City’s GIS data. Up to 24 hours are budgeted for two staff members to conduct site visits to confirm and document locations of stormwater assets. o The City’s inventory of stormwater assets will be updated and used to estimate maintenance staffing and equipment needs (part of Task 2 Resource Estimate) and to evaluate asset conditions. The inventory is expected to include the following information: ▪ Total length of linear assets (pipes, ditches, etc.) and materials ▪ Total number of point assets (manholes, catch basins, BMPs, etc.) ▪ Maintenance frequency for each type of asset ▪ Staffing (FTEs) needed to manage each type of asset ▪ Type of equipment needed to maintain each asset ▪ Asset age and material • Evaluate Asset Conditions o Assess existing stormwater assets to estimate when facilities may need to be upgraded or replaced to approximate replacement costs. This will be done by first reviewing any existing processes the City currently uses with the City and recommending improvements. It is anticipated that final evaluation process will use a high/medium/low categorization, or similar approach to determine when assets should be upgraded or replaced. o Develop evaluation metrics and weight factors for the condition assessment evaluation with input from the City. The City will have the opportunity to provide input on areas with aging stormwater infrastructure, and how best to categorize those areas during the assessment and evaluation process. o Using the results of the condition assessment process, a prioritized list of asset repairs and replacements will be developed. o Create heat maps of high/medium/low assets to illustrate results of the condition assessment. Moses Lake Council Packet 10-25-22, Page 84 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 12 Client Responsibilities • Participate in maintenance interviews. • Provide input on evaluation metrics, weight factors, categorization of aging infrastructure, and overall assessment and evaluation process. • Review and provide feedback on draft deliverables within the agreed upon schedule. Assumptions • Interviews will occur with Task 2 interviews. As a result, no time has been included in this task for the actual interviews. • Draft materials will be posted on a SharePoint site for the City to review. • The budget assumes one round of comments from the City on draft deliverables which the Consultant Team will incorporate into the final documents. Deliverables • Draft and Final Inventory of Stormwater Assets • List of Data Gaps and Data Collection Recommendations • Asset Evaluation Process & Results • Heat Map of Asset Conditions and Locations Task 4 Develop CIP Budget This task focuses on developing a CIP project budget including conducting hydraulics and hydrology (H&H) modeling, conceptual project designs, asset management replacement/repairs costs, and conceptual-level opinion of probable costs as part of the comprehensive stormwater plan. In addition, a rubric will be developed for prioritizing the CIP projects, which will be created with input from the City and identify the highest priority CIP projects to address as part of their stormwater infrastructure improvements. Only the H&H modeling work is included in this scope of work because the City is submitting an Ecology Water Quality Grant application to fund this work (Task 5). Once the grant is funded, an amendment will be developed for the CIP work. Consultant Services • Basin Delineation o Review City basin delineation developed in 2020 and update to include basin areas that have been modified or added. Delineations will also be developed for full build out areas anticipated over the next 10-years. o This will include updating the City’s basin delineation maps. o We have budgeted up to 42 hours for this work. • Define Modeling Evaluation Criteria o Identify and summarize applicable requirements for assessing conveyance capacity and stormwater facilities performance. Requirements will be based on the City’s local requirements, the Ecology Stormwater Management Manual Moses Lake Council Packet 10-25-22, Page 85 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 13 for Eastern Washington (SWMMEW), and potentially the Washington Statement Department of Transportation (WSDOT) Hydraulics Manual. The requirements will be used to guide modeling for assessing existing systems and identifying areas for proposed CIP projects. o Develop assumptions for full buildout conditions to evaluate full system capacity. Buildout assumptions will be based on land use data, zoning data, and growth projections provided by the City. • Hydraulics and Hydrology (H&H) Modeling o Using the City’s existing city-wide model developed in 2020, evaluate the capacity of the stormwater collection system to identify locations where improvements are needed. This is expected to include: ▪ Update the model to include new or modified stormwater collection systems constructed since model development. ▪ Validate and calibrate the model to the extent practicable using available information such as flow monitoring data the City collected in 2020, drainage complaint records, precipitation data, and observations from City staff. This data will be used to determine whether the model shows expected hydraulic conditions at key locations. ▪ Assess the existing system capacity by modeling up to two design storms (e.g., 10-year, 50-year, etc.) and comparing the results to the modeling evaluation criteria. Results will be used to identify where additional capacity is available (flow could be added) and where pipes are undersized. ▪ Assess the full conveyance capacity of the existing system by determining the maximum flows that can be conveyed and how much runoff could be added to existing flows. The contributing basins will be assessed for areas that may be added in the future and compared to the full build out condition assumption. The consultant will identify areas where additional capacity is needed to accommodate full build out. ▪ Evaluate stormwater facilities that may be under-performing and infiltration BMPs that may be failing. These facilities will be identified from drainage complaints and observations by City staff. ▪ Assess overflow pathways for full build out conditions using the 100-year event to identify areas where flooding may occur and develop solutions for overflow pathways that will not cause downstream flooding. o Develop an evaluation process based on the modeling evaluation criteria and input from the City that uses a high/medium/low categorization, or similar approach to determine when stormwater conveyance systems or facilities should be upgraded or replaced. Moses Lake Council Packet 10-25-22, Page 86 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 14 o Using the results of the evaluation process, develop a prioritized list of stormwater conveyance systems or facilities repairs and replacements that will be used to develop the list of projects to advance to CIP development. o Develop heat maps to illustrate modeling results. Create heat maps of high/medium/low assets to illustrate results of the condition assessment. o The Consultant budget assumes up to 260 hours for this work. • QA/QC Review o Complete a QA/QC review of the SWMM model and modeling analysis • Develop CIP Project List o Develop a List of Drainage Areas of Concern ▪ Collect and review the City-wide inventory of drainage complaints. This information combined with notes from the maintenance interviews will be organized into groups by location and then drainage issues at each location. Drainage areas of concern that appear likely to warrant a CIP project for addressing the concern will be identified. These will include areas that cannot be addressed by the City’s standard operations and maintenance program. ▪ Field Inspections will be conducted with City personnel to locations with drainage areas of concern. The purpose of these visits is to confirm field conditions at locations where CIP projects may be needed. Field inspection locations will be selected by the City and/or recommended by the Consultant based on the modeling results or notes of known drainage issues. Up to 16 hours are budgeted for two staff members to conduct site visits to confirm and document locations of stormwater assets. o Develop Synthesized List of Drainage Areas of Concern along with the stormwater conveyance systems or facilities that need to be upgraded or replaced (H&H modeling results). The table will include a summary of the following information: ▪ Issue Summary: The location, date(s) and frequency of occurrence, prior mitigation attempts, and the source of the information (drain issues), and type of stormwater feature (i.e., culvert, drywell, BMP, catch basin, etc.) ▪ Recommended CIP Design: a concept design alternative will be identified and summarized. A plan will be developed for planning-level evaluation of each alternative using the information available. The plan will include a general approach for modeling if needed or a qualitative approach if modeling is not needed. o During a monthly check-in meeting with the City, the Consultant will review and confirm the areas of concern identified. Moses Lake Council Packet 10-25-22, Page 87 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 15 o Develop one 11x17 City-wide map that identifies all drainage areas of concern. o The consultant will meet with the City to review the synthesized and determine which projects should advance to CIP development. Client Responsibilities • Provide the consultant team with 2020 city-wide model developed in InfoSWMM as well the model calibration data • Provide input on CIP project list. • Review and provide feedback on draft deliverables within the agreed-upon schedule. Assumptions • The city-wide InfoSWMM model will be converted to PCSWMM and used to conduct the modeling defined in this task. • City assets included in the 2020 InfoSWMM model include all of the City wide stormwater conveyance and facilities and the information input into the model is correct. • Field inspection work will occur at the same time as the Task 3 site visits. • Draft materials will be posted on a SharePoint site for the City to review. • The budget assumes one round of comments from the City on draft deliverables which the Consultant Team will incorporate into the final documents. Deliverables • Updated Basin Maps (PDF) • Modeling Evaluation Criteria Table (Excel and PDF) • H&H Modeling Results (PDF) • Heat Maps illustrating H&H Modeling Results (PDF) • Drainage areas of concern list (Excel and Word) • Draft and Final Table of CIP Projects (Excel and Word) Task 5 Rate Study This task focuses on conducting a rate study of the stormwater utility fees as well as evaluating and recommending options for rate structures. This work is not included in this scope of work because the City is submitting an Ecology Water Quality Grant application for this work. Once the grant is funded, an amendment will be developed for this work. Work included in this Task for this contract includes developing the grant application. Consultant Services • Two (2) one-hour meetings with the City to 1) collect their input and suggestions for the application and 2) discuss their comments on the application. Moses Lake Council Packet 10-25-22, Page 88 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 16 • Meeting with Ecology and the City to collect their feedback on the proposed grant application • Develop a draft grant application following Ecology requirements for Water Quality Grants that addresses comments and includes input collected during meetings with the City and Ecology about this project. The grant application will focus on that will focus on: o Developing a robust CIP Plan o Conducting a rate study and updating the City’s rate structure o Public outreach and City Council Presentations to communicate proposed changes to the stormwater fee rates and structure as well as changes to the proposed stormwater comprehensive plan o Updates to the stormwater comprehensive plan to include additional work completed as part of the grant. • Update the draft application to address City comments. • Provide a QC review of the application and load the application and any required attachments into EAGL on or before October 12, 2022 on behalf of the City. City Responsibilities • Provide review and comments for the draft application based on a mutually agreed upon timeframe that will be determined after this contract is executed. • The City is responsible for providing the Consultant access to their EAGL account. The City is also responsible for submitting the grant application. Assumptions: • The Consultant will develop a draft application for the City to review and will update the application per City comments. • Draft documents will be posted on a SharePoint site for the City to review. • The Consultant will upload the application into the Ecology EAGL program prior to the grant deadline. • The scope of work for this task is on a time-and-materials basis not-to-exceed $5,000 Deliverables: • Draft and Final grant application. Task 6 Develop Written Comprehensive Stormwater Plan This task includes developing a written comprehensive stormwater plan that summarizes the process for completing the project tasks, key findings, recommendations, and an execution plan with next steps for implementing the recommendations for the City’s Stormwater Utility. The content will include information about the reason for rate increases and how the Stormwater Utility benefits the public. Moses Lake Council Packet 10-25-22, Page 89 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 17 Consultant Services • Develop Comprehensive Stormwater Plan Develop a draft and final comprehensive plan that includes the chapters and content described in Table 2. Table 1: Summary of Stormwater Comprehensive Plan Chapters Chapter Title Chapter Purpose Fact Sheet Provide an overview of the study, key outcomes, plans for future work, and overview of the comprehensive plan contents. The fact sheet is a stand-alone document that will replace an executive summary. Chapter 1. Introduction and Planning Criteria Provide background information on the comprehensive plan, an overview of goals, and outline how goals will be achieved. Chapter 2. Regulatory Requirements, Policies, and Procedures Provide a summary of all federal, state, and local requirements as well as local policies and procedures that may impact the Stormwater Utility along with how this information impacts the utility and, if appliable, how they were used in the comprehensive plan. Chapter 3. Stormwater Utility Program and Goals Provide an overview of the City’s existing Stormwater Utility including an organizational chart of stormwater staff, summary of all stormwater elements that make up the utility, description of the City’s approach to stormwater management, and identification of the respective LOS goals. Chapter 4. Gap Analysis and Resource Needs Summarize the approach and results of the gap analysis along with recommendations for improvements and resources needed to comply with regulatory requirements and LOS goals. Chapter 5. Stormwater System Provide a high-level description of the City’s existing stormwater system including conveyance systems and stormwater facilities. The chapter will describe drainage areas of concern that were identified, solution alternatives, and potential for addressing drainage problems as part of a small works, CIP, UIC retrofit, or standalone stormwater improvement projects. This chapter will also include a prioritized CIP list, information about H&H modeling conducted, as well as CIP conceptual designs and cost estimates. Chapter 6. Financing and Rates – to be included in the amendment Provide an overview of all work completed in the rate study and rate structure evaluation including data collection, developing a policy framework, determining revenue and LOS requirements, and developing recommendations for updated stormwater utility fee rates and structure. Moses Lake Council Packet 10-25-22, Page 90 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 18 Chapter Title Chapter Purpose Chapter 7. Execution Plan and Next Steps Describe the implementation plan for all actions identified in the comprehensive plan including implementation of new stormwater fee rates, and schedule for constructing CIP projects and implementing other work identified during this study. This chapter will also include recommendations for projects that are potential candidates for grant awards. Client Responsibilities • Review and provide feedback on draft deliverables withing the agreed-upon schedule. • Use the track changes and comment options in Word to provide consolidated comments and suggested revisions in a single document. Assumptions • The budget assumes each chapter is an average of 10 pages each. • The Consultant Team will use the comment option to respond to all comments or revisions in Word provided by the City and address recommended changes using the track changes option. • The revised chapters will be posted on SharePoint (with track changes turned on and comment responses) back to the City for the official record of how the comments were addressed. In addition, the Consultant Team will also email a clean copy of the chapter to the City. • The budget assumes one round of comments from the City on draft deliverables which the Consultant Team will incorporate into the final documents. • Deliverables completed during this project will be incorporated into the comprehensive plan. • Fees for developing Chapter 6 as well as City Council meetings and Public Outreach are not included in this scope of work. Instead, they will be included in the Grant Application (Task 6) and addressed as part of the amendment with the rate study. Deliverables • Draft and Final Comprehensive Stormwater Plan Task 7 Operation and Maintenance (O&M) Stormwater Manual This task focuses on developing an O&M Stormwater Manual that is compliant with the EWA MS4 Permit S5.B.6 (due December 31, 2022) to document O&M activities, including stormwater collection and conveyance systems; roads, highways, and parking lots; vehicle fleets; municipal buildings; parks and open space; construction projects; industrial activities; material storage areas; flood management projects; and other applicable facilities. Moses Lake Council Packet 10-25-22, Page 91 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 19 Consultant Services • Collect Data o Collect data and information needed to develop the O&M Manual. A draft list of needed information will be provided to the City. This list will include but not be limited to the following: ▪ Existing O&M policies and procedures ▪ GIS data and maps ▪ Inspection forms ▪ Schedules denoting timelines to complete the O&M tasks o Review information to identify the different municipal O&M activities applicable to the City and to prepare for interviews with City maintenance staff. o Develop an inventory of the information collected. • Interview with Maintenance Staff o In conjunction with interviews for Tasks 2 and 3, City maintenance staff will be interviewed to confirm the types of activities and practices to be included in the manual. Specifically, the interview will provide an opportunity to further characterize the City’s existing maintenance procedures and materials, identify any gaps in procedures or content for the manual, and identify preferred practices and/or equipment the City uses for O&M practices. o Develop a summary of the interview notes. • Literature Review o Conduct a literature review to gather proper O&M practices for any gaps identified during data collection and interviews in the City’s existing O&M policies and procedures. o Develop a synthesis of the literature reviewed with recommendations for procedures to add to the O&M Manual. • Develop O&M Stormwater Manual o A draft and final O&M Stormwater Manual will be developed, incorporating data and interview information collected regarding the City’s municipal O&M activities. o A draft copy of the manual will be provided to City maintenance staff for review and comment. After City review, a meeting will be scheduled to discuss City comments and revisions needed to complete the manual. o The final version will be developed that incorporates City comments and requested revisions. Client Responsibilities • Review & provide feedback for draft deliverables within the agreed upon schedule. Moses Lake Council Packet 10-25-22, Page 92 of 147 Exhibit A – Scope of Work City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 20 Assumptions • Interviews will occur with Task 2 and 3 interviews. As a result, no time has been included in this task for the actual interviews. • Draft manual will be posted on a SharePoint site for the City to review. • The Consultant Team will use the comment option to respond to all comments or revisions in Word provided by the City and address recommended changes using the track changes option. • The revised manual will be posted on SharePoint (with track changes turned on and comment responses) back to the City for the official record of how the comments were addressed. In addition, the Consultant Team will also email a clean copy of the manual to the City. • The budget assumes one round of comments from the City on draft deliverables which the Consultant Team will incorporate into the final documents. Deliverables • Draft and Final O&M Stormwater Manual Moses Lake Council Packet 10-25-22, Page 93 of 147 City of Moses Lake Comprehensive Stormwater Plan | Scope of Work 21 Fee Summary & Project Schedule The fees are based on the scope of services defined in this document and associated assumptions. The professional services are based on a time and materials basis not to exceed $199,884. All expenses will be billed at cost plus a 5% markup. Any modifications to the scope or requests for additional services will be agreed upon prior to proceeding. A fee breakdown is provided in Table 1. Table 1. Fee Summary Task Fees Task 1 Project Management $18,588 Task 2 Gap Analysis $51,276 Task 3 Assess Existing Stormwater Assets $25,954 Task 4 Develop CIP Budget $52,266 Task 5 Rate Study $5,000 Task 6 Develop Comprehensive Plan $31,740 Task 7 Operations & Maintenance Manual $15,060 Total $199,884 Table 2. Proposed Project Schedule Task 2022 2023 Oct. Nov. Dec. Jan Feb. Mar Apr. May Jun. July Aug. Sept Oct. Nov. Dec. 1. Project Management 2. Gap Analysis 3. Assess Existing Stormwater Assets 4. Develop CIP Budget 5. Rate Study *** * ** * 6. Develop Comprehensive Plan 7. O&M Manual * City Council Presentations, ** Public Meetings, *** Ecology Grant Application due 10/12/22 with funding available 7/1/23 Moses Lake Council Packet 10-25-22, Page 94 of 147 STAFF REPORT To: Allison Williams, City Manager From: Shannon Springer, Human Resources Director Date: October 7, 2022 Proceeding Type: New Business Agenda Subject: City of Moses Lake and the International Association of Fire Fighters, Local #1258 CBA Legislative History: First Presentation: Second Presentation: Action: Overview The labor agreement between the City of Moses Lake and the Washington State Council of County and City Employees International Association of Fire Fighters, Local #1258 bargaining unit expired December 31, 2021. The parties were able to work through a collective process and agree on a new three-year agreement. Fiscal and Policy Implications Wages: A new six-step scale will be implemented with existing employees being placed in the new scale format. Each step of the scale delineates required certifications to move to the next step for staff hired after December 31, 2021. 2022 The new scale format will be implemented with existing employee being placed in the new scale format. 2023 For contract year 2023, the wages in effect on December 31, 2022 (Appendix A) shall be increased by 4% + COLA (min. 1.5%-max 3.5%) of the October year-over-year percentage change of the West Coast- B/C Earners and Clerical Workers (CPI-W) Index. October 25, 2022 Moses Lake Council Packet 10-25-22, Page 95 of 147 2024 For contract year 2024, the wages in effect on December 31, 2023 (Appendix A) shall be increased by 4% + COLA (min. 1.5%-max 3.5%) of the October year-over-year percentage change of the West Coast- B/C Earners and Clerical Workers (CPI-W) Index. Benefits: 1. Starting in contract year 2024, for employees who participate in the City’s Section 457 deferred compensation plan, the City will make up to a 2% match of the employee’s base compensation (i.e., hourly wages, excluding overtime, longevity, etc.). 2. Incentive pay for certifications was clarified as well as the number of team members specific teams. 3. Employees shall be entitled to an annual longevity payment based upon their City Seniority as follows: Years of City Seniority Annual Payment (% of based salary) 6-10 years 1% 11-15 years 2% 16-20 years 3% 21+ years 4% 4. Holidays were added for Martin Luther King and Juneteenth added. Holiday pay was clarified to be paid on a day for day basis according to shift. 5. Assorted language clean-up. The impact of wages will be in-line with the City’s budget for Fiscal Year 2022. Payment Terms: N/A Council Packet Attachments A. Labor Agreement between City of Moses Lake and the International Association of Fire Fighters, Local #1258 (January 1, 2022 – December 31, 2024) Finance Committee Review – N/A Legal Review – pending Moses Lake Council Packet 10-25-22, Page 96 of 147 Options Option Results Adopt as presented. If ratified, the City and bargaining unit will be operating under an updated agreement that meets the business needs of both parties. Request Additional Information. City staff will provide the City Council with the additional information as requested. Action Requested Authorize the City Manager to sign the Collective Bargaining Agreement with the Washington State Council of County and City Employees International Association of Fire Fighters, Local #1258. Moses Lake Council Packet 10-25-22, Page 97 of 147 2022-2024 IAFF LOCAL 1258 Collective Bargaining Agreement Moses Lake Council Packet 10-25-22, Page 98 of 147 2 Contents ARTICLE 1- AGREEMENT ............................................................................................................................... 4 ARTICLE 2 - PURPOSE .................................................................................................................................... 5 ARTICLE 3- BARGAINING UNIT ...................................................................................................................... 6 ARTICLE 4- TERM OF AGREEMENT ................................................................................................................ 7 ARTICLE 5—NONDISCRIMINATION ............................................................................................................... 8 ARTICLE 6 - DEDUCTION OF DUES ................................................................................................................. 9 ARTICLE 7- PERFORMANCE OF WORK ........................................................................................................ 10 ARTICLE 8- UNION SECURITY ...................................................................................................................... 11 ARTICLE 9- SAVINGS CLAUSE ....................................................................................................................... 12 ARTICLE 10 - UNION BUSINESS ................................................................................................................... 13 ARTICLE 11- MANAGEMENT RIGHTS .......................................................................................................... 14 ARTICLE 12- SALARIES ................................................................................................................................. 15 ARTICLE 13 - INCENTIVE PAY ....................................................................................................................... 17 ARTICLE 14 - OVERTIME .............................................................................................................................. 19 ARTICLE 15-- SICK LEAVE ............................................................................................................................. 21 ARTICLE 16 - VACATIONS ............................................................................................................................ 22 ARTICLE 17 - HOLIDAY PAY/HOLIDAYS ........................................................................................................ 23 ARTICLE 18 - FUNERAL/BEREAVEMENT LEAVE ........................................................................................... 24 ARTICLE 19- LEAVES AND VACANCIES ......................................................................................................... 25 ARTICLE 20- HOURS OF WORK .................................................................................................................... 26 ARTICLE 21—DAILY STAFFING ..................................................................................................................... 28 ARTICLE 22- PROBATION ............................................................................................................................. 29 ARTICLE 23- SENIORITY ............................................................................................................................... 30 ARTICLE 24- HEALTH AND WELFARE ........................................................................................................... 31 ARTICLE 25- DEFERRED COMPENSATION ................................................................................................... 32 ARTICLE 26 - UNIFORMS ............................................................................................................................. 33 ARTICLE 27- SHIFT TRADES .......................................................................................................................... 34 ARTICLE 28 - ALTERNATE DUTY ................................................................................................................... 35 ARTICLE 29 - MANPOWER SHORTAGE AND TEMPORARY ASSIGNMENTS .................................................. 36 ARTICLE 30 - DISCIPLINE/DISCHARGE (JUST CAUSE) ................................................................................... 37 ARTICLE 31 - PERSONNEL REDUCTION ........................................................................................................ 38 ARTICLE 32 - RECLASSIFICATIONS ............................................................................................................... 39 Moses Lake Council Packet 10-25-22, Page 99 of 147 3 ARTICLE 33 - PARAMEDIC SCHOOL, CERTIFICATION, TRAINING ................................................................. 40 ARTICLE 34- ANNEXATION, MERGER, AND CONSOLIDATION ..................................................................... 41 ARTICLE 35 - GRIEVANCE PROCEDURE........................................................................................................ 42 ARTICLE 36 - LABOR/MANAGEMENT MEETINGS ........................................................................................ 44 ARTICLE 37 - STATE MOBILIZATION ............................................................................................................ 45 ARTICLE 38- SPECIALIZED TECHNICAL TEAMS ............................................................................................. 46 Appendix A .................................................................................................................................................. 47 Signatures ................................................................................................................................................... 48 Moses Lake Council Packet 10-25-22, Page 100 of 147 4 ARTICLE 1- AGREEMENT 1.01 This agreement is between the City of Moses Lake, hereinafter referred to as the "City", and Local #1258, International Association of Fire Fighters, hereinafter referred to as the "Union" Moses Lake Council Packet 10-25-22, Page 101 of 147 5 ARTICLE 2 - PURPOSE 2.01 Purpose of the City and Union in entering into this agreement is to set forth their complete agreement regarding wages, hours, and working conditions for the employees in the bargaining unit. Moses Lake Council Packet 10-25-22, Page 102 of 147 6 ARTICLE 3- BARGAINING UNIT 3.01 The City recognizes the Union as the exclusive bargaining agent for all full-time employees of the Fire Department, except the Fire Chief, Deputy Chief, and Assistant Fire Chiefs, and clerical support staff. Moses Lake Council Packet 10-25-22, Page 103 of 147 7 ARTICLE 4- TERM OF AGREEMENT 4.01 The terms of this agreement shall be in full force and effect on January 1, 2022 and shall remain in full force and effect through December 31, 2024. 4.02 Either party desiring to amend the agreement for its next term, shall notify the other party in writing. Both parties agree that they will abide by any applicable state laws and regulations governing the commencement of negotiations for a successor to this agreement. Moses Lake Council Packet 10-25-22, Page 104 of 147 8 ARTICLE 5—NONDISCRIMINATION 5.01 City agrees not to discriminate against any employee for activity on behalf of, or membership in the Union. 5.02 Union activity shall not interfere with the operation of the department. 5.03 A Union information bulletin board shall be allowed in each station in an area accessible to the membership. 5.04 Wherever words denoting the masculine gender are used within this Agreement, they are intended to apply equally to either gender. 5.05 Neither the City nor the Union will discriminate against any employee because of race, color, creed, national origin, ancestry, sex, age, marital status, the presence of physical or mental disability or any other status protected by state of federal law. Moses Lake Council Packet 10-25-22, Page 105 of 147 9 ARTICLE 6 - DEDUCTION OF DUES 6.01 City will make a deduction for Union dues from the wages of each employee who executes a properly written authorization, and such deduction shall be remitted to the Union. Moses Lake Council Packet 10-25-22, Page 106 of 147 10 ARTICLE 7- PERFORMANCE OF WORK 7.01 Pursuant to RCW 41.56.490, the Union agrees there shall be no strikes, slowdowns, stoppage of work, or any interference with the efficient management of the Fire Department for the duration of this Agreement. 7.02 Nothing in this agreement shall prohibit political activities of individual members, or the Union, as prescribed in RCW 41.06.250. Moses Lake Council Packet 10-25-22, Page 107 of 147 11 ARTICLE 8- UNION SECURITY 8.01 The City and the Union agree that it is not a condition of employment to be a member of the Union based on the SCOTUS ruling Janus v. AFSME in 2018. However, in order to preserve solidarity, employee benefits, and job security, the Union encourages all eligible employees to become a Union member and remain a Union member in good standing. The Union believes that Union membership is a means to ensure the acquisition and maintenance of excellent benefits and job security. The City, while having to remain neutral, regarding membership, recognizes the Union as the sole bargaining unit representative relative to wages, hours, and working conditions for all firefighters and officers as enumerated in RCW 41.56. The parties agree that new recruits will be given four (4) hours of Union education in their first week of employment by a designated Union representative in order to receive a more complete explanation of all of the benefits of Union membership. Employees desiring to become, and/or remain, a member of the Union shall advise the City with an “opt-in” letter provided by the Union that authorizes the withholding of regular Union dues. Conversely, those who choose to “opt-out” of Union membership shall advise the City in the same manner. Moses Lake Council Packet 10-25-22, Page 108 of 147 12 ARTICLE 9- SAVINGS CLAUSE 9.01 If any provision of this agreement shall be held by operation of law or by a tribunal of competent jurisdiction or if compliance or enforcement of any provision should be restrained by such tribunal pending a final determination as to its validity, the remainder of this agreement shall not be held invalid and will remain in full force and effect. 9.02 In the event that legislation is enacted or amended affecting the provisions of this contract, the parties agree to meet and amend the contract as necessary to comply with the new law. Moses Lake Council Packet 10-25-22, Page 109 of 147 13 ARTICLE 10 - UNION BUSINESS 10.01 Authorized agents of the Union may, subject to the operating efficiency of the department, have access to the City's establishment during working hours for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the agreement is being adhered to. 10.02 Union officials may investigate and process grievances during working hours without loss of pay. They are to maintain the progress of work, obtain permission of the Chief before leaving their place or station or work to investigate a grievance or handle a complaint or other labor matters. Union officials shall use judgment in deferring action or investigating disputes or complaints when the progress of the work is critical. 10.03 The names of employees selected as Union officials and the names of other Union representatives who may represent an employee shall be certified in writing to the City by the Union. 10.04 A Union official designated by the Union will be allowed to perform Union duties as prescribed in this article during working hours as long as the normal work activity of the department is not interrupted. Moses Lake Council Packet 10-25-22, Page 110 of 147 14 ARTICLE 11- MANAGEMENT RIGHTS 11.01 Except as otherwise expressly and specifically limited by the terms of this agreement, the City retains all its customary and usual rights, decision-making prerogatives, functions, and authority connected with or in any way incidental to its responsibility to manage the affairs of the City. 11.02 By way of illustration, such rights, decision making prerogatives, functions, and authority of the City shall include the following: A. To direct and supervise all operations, functions, and policies of the City for which the members of the bargaining unit are employed. B. To relocate, reorganize, or combine work of divisions, or to eliminate the operation of the department for budgetary or other reasons, except when such changes affect the wages, hours, or working conditions of the employees. C. To determine the need for and implement a reduction or increase in the work force for budgetary or other reasons. D. To implement new, and to revise or eliminate, wholly or in part, old methods, procedures, materials, equipment, facilities, and standards, except when such changes affect the wages, hours, or working conditions of the employees. E. To assign and distribute work. F. To assign shifts. G. To establish the work locations, methods, and processes by which work is to be performed. H. To establish reasonable work rules. I. To discipline, suspend, demote, or discharge an employee as provided within this agreement Moses Lake Council Packet 10-25-22, Page 111 of 147 15 ARTICLE 12- SALARIES 12.01 The City Manager retains the right to hire between the “Entry” and “Top” step under exceptional circumstances, provided the certifications delineated in the step have been attained as outlined below. A six-step system between Recruit (Step 1) and Top (Step 6) will be utilized. Operations staff hired after December 31, 2021, will be required to complete certifications as shown below to move to the next step and will remain in the step for a minimum of one year. Step 1 2 3 4 5 6 Certification Required Fire Academy Probation task book, Wildland FF2, IFSAC or Pro- Board FF1, IFSAC HAZMAT Ops., ICS 100/200/700 EVIP, IFSAC Driver/ Operator Aerial Operations IFSAC or Pro Board FF2 Completion of Certifications Prevention division staff hired after December 31, 2021, will be required to complete certifications as shown below to move to the next step and will remain in the step for a minimum of one year. Step 1 2 3 4 5 6 Certification Required Fire Inspector “boot camp” or equivalent course. IFSAC or Pro- Board FF1, Hazmat Ops, and ICS 100/200/700, ICC or equivalent Fire Inspector 1 EVIP, public fire educator Fire Inspector 2 IAAI, IFSAC or Pro-Board- Certified Fire Investigation Technician or Certified Fire investigator Completion of Certifications The wages contained on the wage scale attached hereto (Appendix A) shall be in effect for contract year 2022. For contract year 2023, the wages in effect on December 31, 2022 (Appendix A) shall be increased by 4% + COLA (min. 1.5%-max 3.5%) of the October year-over-year percentage change of the West Coast- B/C Earners and Clerical Workers (CPI-W) Index. For contract year 2024, the wages in effect on December 31, 2023 (Appendix A) shall be increased by 4% + COLA (min. 1.5%-max 3.5%) of the October year-over-year percentage change of the West Coast- B/C Earners and Clerical Workers (CPI-W) Index. The top step Firefighter/EMT wage in Appendix A will be the rate that all other classifications will be based upon. All other wage scales will be percentage of the top step Firefighter/EMT. Moses Lake Council Packet 10-25-22, Page 112 of 147 16 A. Battalion Chief will receive an hourly rate of one hundred twenty percent (120%) of top step Firefighter/EMT B. Captain will receive an hourly rate of one hundred fifteen percent (115%) of top step Firefighter/EMT C. Lieutenant will be tested through civil service and act as ‘step-up Captain’ in the event of officer vacancy due to Vacation or Kelly day, or during fireground operations and/or training. D. Fire Inspector will receive an hourly rate of one hundred ten percent (110%) of top step Firefighter/EMT E. Fire Marshal will receive an hourly rate of one hundred twenty percent (120%) of top step Firefighter/EMT F. Medical Services Officer will receive an hourly rate of one hundred twenty percent (120%) of top step Firefighter/EMT G. Firefighter/Paramedic will receive hourly rate consistent with Firefighter/EMT scale with incentive pay as outlined in Article 13- Incentive Pay. 12.02 Employees hired prior to year 2022 and have less than 5 completed years shall start at ninety five percent (95%) of top step Firefighter/EMT and move to one hundred percent (100%) top step on January 1, 2023, unless on probation. Moses Lake Council Packet 10-25-22, Page 113 of 147 17 ARTICLE 13 - INCENTIVE PAY 13.01 Employees shall receive classification pay for having classifications that benefit both the city and department outside the employee’s job description. Classifications that both the bargaining unit and the city agree upon for classification pay are listed below:  SCBA Technician (2 members per shift maximum)  EMS Instructor and EMS Evaluator  I.V. Technician  Medical QI (3 members maximum)  IFSAC Evaluator, Senior Evaluator, Test Control Officer  Bilingual (Spanish, Ukrainian, Russian) – Bilingual incentive pay shall be paid to any local member who demonstrates fluency in any of the languages listed. Proof of fluency shall be determined by a test approved by the Civil Service Commission.  Training Committee (1 member per shift)  Specialty team incentive pay will only apply for active team members  Prevention Committee (1 member per shift)  Technical Rescue Team may be paid up to 4% for active team members. 2% for team members and an additional 2% for advanced certifications in any of the following: High/Low angle rescue, Confined Space, Boat/swift water rescue, and Rope Rescue Technician.  Instructor II  Hazmat Team members may be paid up to 4% for active team members. 2% for Hazmat Team member and 2% for Materials Technician. Employees that qualify for classifications listed above shall receive two percent (2%) for each classification per pay period in addition to hourly wage. An employee will receive pay for up to three (3) classifications. An employee must hold at least one certification to qualify for a classification 13.02 Employees who possess and maintain a paramedic certification and operate at such capacity for the City of Moses Lake Fire Department will receive a 12% increase of the top step for firefighter/EMT. 13.03 Employees that have a 2-year college degree in a job-related field shall receive 2% above their individual base hourly rate. Employees that have a 4-year college degree in any field shall receive 4% above their individual base hourly rate. 13.04 The City shall cover cost for two (2) bargaining unit members to attend fire or EMS national conferences each year of the contract. This would exclude union educational classes. Members shall follow the MLFD training request policy. 13.05 SCBA techs shall log a minimum of 2 hours per month of SCBA maintenance. SCBA technicians must maintain currency in the SCBA utilized by the department. 13.06 Shift Medical Quality Inspector (QI): QI shall serve as assistant to the MSO. QI shall be paramedics, may be appointed from any rank, and serve at the discretion of the Fire Chief. Appointment, performance, and removal of the QI is not subject to grievance procedure or civil Moses Lake Council Packet 10-25-22, Page 114 of 147 18 service review. However, the performance of firefighter/paramedic duties by the employee serving as a QI on shift shall be considered separate from the medical QI duties and remain subject to civil service rules and regulations. A QI retains his/her civil service classification and shall return to the classification as service as QI is terminated. QI duties shall not interfere with daily duties; regular scheduled training and shall be approved by the shift officer. Moses Lake Council Packet 10-25-22, Page 115 of 147 19 ARTICLE 14 - OVERTIME 14.01 The overtime rate shall be one and a half (1 1/2) times the hourly rate, computed on a forty- nine (49) hour week. 14.02 Overtime compensation shall commence when employees are required to work beyond their normal work hour. Overtime pay due to employees will be computed by rounding to the nearest quarter of an hour worked. Example: zero (0) minutes worked to seven (7) minutes worked, no overtime pay due; eight (8) minutes worked to fifteen (15) minutes worked, fifteen (15) minutes of overtime pay due; sixteen (16) minutes to twenty-two (22) minutes worked, fifteen (15) minutes of overtime pay due; twenty-three (23) minutes to thirty (30) minutes worked, thirty (30) minutes of overtime pay due, etc. 14.03 Any non-computer based (i.e., traditional classroom) training course that is required for re- certification in an employee’s current position, as specified in the job description for the position, that is scheduled to be longer than four (4) hours shall be scheduled a minimum of thirty (30) calendar days in advance. Members will then have an opportunity to review the dates the class is offered and sign up accordingly. Members may elect to attend class on off- duty days and receive overtime. Members may also choose to attend the class on duty without overtime compensation. If a member elects to attend on a scheduled duty day rather than come in off-duty, overtime call back will be utilized to back fill the member for the duration of the class. If the member is unable to complete course work due to duty-related activities (call volume, etc.), the individual may be required to seek the training elsewhere and at their own expense. 14.04 The rate of pay for off-duty participation in officer's meetings and other mandatory off duty training will be overtime. 14.05 Accumulated overtime may be used as compensatory time off, when requested by the employee and authorized by the Fire Chief, based on equal time off for overtime accrued (time and a half). 14.06 When an employee is called back to work by command or supervisory personnel in response to a fire incident, or other HALF (High Acuity Low Frequency) event, not including routine EMS calls, two (2) hours of overtime will be paid. If an employee is required to work more than (1) hour, overtime will be paid for time computed in 14.02 14.07 If an employee is required to remain on duty for up to (2) hours in a holdover status as defined by department policy/procedure, the overtime rate shall be (2) times the hourly rate. Any hold over past the two (2) hour point would be compensated at the regular overtime rate. 14.08 Compensable hours in excess of one hundred eighty-two (182) hours in each twenty-four (24) day work cycle shall be compensated at the overtime rate set forth in the Fair Labor Standards Act, not to be less than minimum of overtime as stipulated in present agreement. Moses Lake Council Packet 10-25-22, Page 116 of 147 20 14.09 For the purpose of definition, the term "command or supervisory personnel" shall be construed to be the Fire Chief, Deputy Chief, Assistant Fire Chiefs, Battalion Chiefs, Captains, Lieutenants or persons acting in that capacity. 14.10: An overtime callback list shall be maintained by the Fire Chief and/or his designee for each classification of employee, based on total cumulative hours of overtime worked per employee. Each list shall maintain those employees in each classification in order from highest level of department seniority to lowest level of department seniority. In the event coverage is required due to the absence of another employee, as soon as practical, a twenty-four (24) hour shift shall be offered to employees in inverse order of the accumulated overtime list for the classification of employee that caused the overtime (those with the least amount first). Twenty-four (24) hour shifts shall be offered as a whole shift and not broken into two (2) twelve (12) hour shifts unless necessary. If the twenty-four (24) hour shift cannot be filled by a single employee, the shift may be broken into two (2) twelve (12) hour shifts and worked by two (2) separate employees. before anyone would be mandated to work. 14.11: In the event overtime is required, the rotating overtime list will be utilized by the shift officer to fill the vacancy. Group Notifications are not viewed as position callback and should only be utilized in the event of an ‘All Call’ situation, or for non-overtime related group information. 14.12: In the event there is an officer vacancy, officers of the same rank will be called in ascending overtime order (those in least number of accumulated hours first) to fill the position. If that list is exhausted, the next ranking officer list shall be utilized. Officers may only work one rank above their current position. Battalion Chiefs may fill either position if no officer has taken the position call back. Moses Lake Council Packet 10-25-22, Page 117 of 147 21 ARTICLE 15-- SICK LEAVE 15.01 LEOFF II shift members shall receive sick leave at the rate of 1 1.08 hours per bi-weekly pay period, with a limit of one thousand five hundred and seven (1, 507) hours on the total accrual of sick leave. 15.02 LEOFF II non-shift members shall accrue sick leave at the rate of 3.70 hours per pay period. 15.03 Each employee shall receive twenty-four (24) hours bonus vacation time for each full year he/she works without using any sick leave or disability leave. The bonus vacation leave shall be added to the employee's vacation accumulation on each anniversary date of last used sick leave. 15.04 Sick leave taken to attend a pre-arranged doctor's or dentist's appointment with the Fire Chiefs prior approval, for periods not to exceed two (2) hours for local appointments or eight (8) hours for out-of-town appointments, shall not be considered as sick leave taken within the provisions of this article. 15.05 Newly hired employees shall be advanced three (3) shifts sick leave and shall not accrue additional sick leave until the beginning of their seventh (7th) month of employment. 15.06 Newly hired LEOFF Plan II employees and LEOFF II Plan employees separating from the City service must be on pay status for a minimum of twenty-four (24) hours in a pay period to accrue sick leave. 15.07 Members who have completed their initial probationary period with the City will receive a pay out of unused accumulated sick leave as severance pay if they: voluntarily terminate their employment; if they retire; if they lose their employment as a result of a reduction in force; or if they lose their employment due to injury or illness. The maximum amount of sick leave that can be cashed out as severance pay by any member will be four hundred eighty (480) hours. Day shift members will have their sick leave cashed out at the rate of twenty five percent (25%) of their unused accumulated sick leave up to the maximum of four hundred eighty (480) hours. Twenty-four (24) hour shift members will have their sick leave cashed out at the rate of 31 .8% of their unused accumulated sick leave up to the maximum of four hundred eighty (480) hours. 15.08 Shared Sick Leave Pool- Reference employee handbook Article 9.5, with exception that firefighters will be eligible for 480 hours of shared leave in any rolling twelve (12) month period. Moses Lake Council Packet 10-25-22, Page 118 of 147 22 ARTICLE 16 - VACATIONS 16.01 The following vacation allowance is available to all full-time, regular members of the bargaining unit: Twenty-four Hour Shift Personnel Years of Service Hours Per Bi-Weekly Pay Period 0 through 5 years 4.89 hours per pay period - 254.28 hours maximum 6 through 10 years 6.14 hours per pay period - 319.28 hours maximum 11 through 15 years 7.38 hours per pay period - 383.76 hours maximum 16 through 20 years 8.63 hours per pay period - 448.76 hours maximum Over 20 years 9.88 hours per pay period - 513.76 hours maximum Eight Hour Shift Personnel Years of Service Hours Per Bi-Weekly Pay Period 0 through 5 years 3.70 hours per pay period - 192.40 hours maximum 6 through 10 years 4.61 hours per pay period - 239.72 hours maximum 11 through 15 years 5.53 hours per pay period - 287.56 hours maximum 16 through 20 years 6.46 hours per pay period - 335.92 hours maximum Over 20 years 7.38 hours per pay period - 383.76 hours maximum 16.02 The maximum allowable accumulation of vacation will be fifty-two (52) pay periods. 16.03 One hundred percent (100%) of the employee's accumulated vacation hours will be paid upon severance from the City. Employees voluntarily terminating prior to the completion of one (1) year of service shall not receive this benefit. Any employee who fails to give the City two (2) weeks’ notice, in writing, before resignation or service retirement, shall have two hundred and fifty dollars ($250) deducted from his/her final check. 16.04 Any employee may be granted vacation by the Fire Chief, after the employee has completed six (6) months of employment. The leave granted shall not exceed the amount the employee has accumulated. 16.05 Newly hired employees and employees separating from City service must be on pay status for a minimum of twenty-four (24) hours (shift personnel) and for a minimum of eight (8) hours (for non-shift personnel) in a pay period to accrue vacation. 16.06 Each member of the bargaining unit will be given one (1) seniority vacation pick. Once the seniority vacation has been approved, it shall not be canceled or moved except in cases of extreme emergencies. If an employee cancels an approved seniority vacation, the seniority vacation pick will be considered lost for that year. 16.07 Twenty-four (24) hour leave requests will be considered, subject to available manpower. Leaves so approved shall not be canceled because of scheduled training Moses Lake Council Packet 10-25-22, Page 119 of 147 23 ARTICLE 17 - HOLIDAY PAY/HOLIDAYS 17.01 Shift employees shall be paid for one hundred nine (9) hours straight time as agreed compensation for holidays (including the personal floating holiday). This compensation will be provided to the employees in twenty-six (26) equal pay period installments. All holidays, (Except floating holiday), will be holiday routine for on duty personnel. However, all emergencies, housekeeping, and equipment checks will be accomplished. 17.02 non-shift employees will observe the following holidays: Holidays Date to be Observed New Year's Day Martin Luther King Jr January 1 Third Monday in January President's Day Third Monday in February Memorial Day Juneteenth Last Monday in May June 19 Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Fourth Friday in November Christmas Day December 25 Floating Holiday I At employee's choice, according to Employee Handbook Moses Lake Council Packet 10-25-22, Page 120 of 147 24 ARTICLE 18 - FUNERAL/BEREAVEMENT LEAVE 18.01 For employees of the bargaining unit, the Fire Chief will, upon request of the employee, grant bereavement leave with pay up to, but not to exceed, three (3) twenty-four (24) hour shifts for the death of family members as included in Chapter 9 Sec. 6 of City Employee Handbook. If an employee wishes to take leave greater than allotted time, Sick leave or vacation leave may be used. 18.02 Bereavement Leave is not considered sick leave or vacation leave. 18.03 Leave with pay may be granted to members requesting to attend funerals as a matter of protocol (Washington State Line of Duty Deaths). Prior approval must be granted by the City before leave may be taken. The request for leave shall contain the names of all members who are to attend, including their expected period of absence, and whether apparatus may be needed. Moses Lake Council Packet 10-25-22, Page 121 of 147 25 ARTICLE 19- LEAVES AND VACANCIES 19.01 The City shall fill any permanent vacancies in the entry level or promotional positions as soon as possible using the guidelines outlined in 19.02 and 19.03 of this article. 19.02 All vacancies shall be filled through a competitive Civil Service process, determined in its sole discretion by the Civil Service Commission. All promotions within the bargaining unit shall be based solely on merit, efficiency, experience, knowledge, ascertained by Civil Service competitive examination. Only members of the bargaining unit may apply for promotions within the bargaining unit. If no bargaining unit member applies for the promotion, then that position can be advertised to outside the bargaining unit applicants. 19.03 Following Civil Service test, the City and Local agree to hold Oral Board and Fire Chief interviews. Oral board committee shall consist of One (1) Firefighter/EMT, One (1) Firefighter/Paramedic, One (1) Fire Officer, and One (1) Union official. All applicants will be required to possess valid Candidate Physical Ability Test (CPAT) card by date of hire to fulfill physical fitness baseline for the department and per Civil Service rule. 19.04 An employee appointed under this article shall receive the entry recruit level firefighter salary (hourly rate) until successfully completing fire academy. The City may extend a temporary/provisional appointment through concurrent disability leave vacancies as per civil service allows. 19.05 Leave and health benefits may be provided at the option of the City. 19.06 Nothing in this article will imply to a temporary/provisional employee a vested right to permanent employment. Permanent employment full-vested rights will be accorded only after the open competitive examination process as provided by the Civil Service Rules and Regulations. 19.07 All candidates for provisional or temporary appointments under this article shall have at least one (1) year experience with at least a volunteer fire fighting organization. Provisional or temporary employees shall be assigned to one week of eight (8) hour days with the Deputy Chief and will then be assigned to three (3) 48-hour shifts prior to being evaluated for competency to fill a shift vacancy. 19.08 The City will not place more than two (2) provisional or temporary employee on a shift, except; in the event a shift falls below minimum staffing due to short term leaves and vacancies in the firefighter classification the city and labor will meet and agree to follow the Fire Civil Service Section 7. Emergency Appointment. 19.09 It is agreed between the parties that situations may arise creating the need to fill short-term leaves and temporary vacancies in the firefighter classification. Under such circumstances the City will advise the Union via Labor/Management and follow the Civil Service Rules and Regulations. Moses Lake Council Packet 10-25-22, Page 122 of 147 26 ARTICLE 20- HOURS OF WORK 20.01 In compliance with the provisions of the Fair Labor Standards Act, the City of Moses Lake and Local 1258, IAFF, Claim the Section 7(k) exemption for twenty-four (24) hour shift personnel. The shift schedule for twenty-four (24) hour suppression employee(s) will be as follows: Twenty-four (24) hour shift members shall work a forty-eight/ninety-six (48/96) shift schedule; defined as forty-eight (48) hours on-duty with ninety-six (96) hours off-duty. Forty-eight (48) hours on-duty is defined as (2) two consecutive twenty-four (24) hour shifts. The suppression shift schedule will be reduced utilizing a twenty-four (24) hour Kelly day. Employees will schedule one (1) twenty-four (24) hour Kelly day per twenty-four (24) day cycle. The first eight (8) Kelly days shall be picked prior to December 31ST and the remaining Kelly days shall be picked prior to June 30th, by each firefighter on a seniority basis. If the Kelly days are not picked by these dates, they may be scheduled by the Fire Chief or his designee. The Kelly days shall be scheduled off at no less than one (1) full shift at a time, unless agreed to otherwise by employee and the Fire Chief or his designee. As operational needs demand, the City and the Union will agree to meet and discuss possible modifications to the work schedule. 20.02 In the event of a temporary shift vacancy that is created as the result of an emergency, (illness, injury, resignation or other cause beyond the control of either party), that exceeds three (3) shift rotations, and which brings the total number of members on that shift to less than seven (7), the Union and the City agree to a meeting to discuss filling the temporary vacancy with a bargaining unit member. Both the Union and the City agree that the meeting shall take place within three (3) business days after a meeting request is made by either side. The City retains the right to assign a bargaining unit member(s) to such vacancies until agreements are reached regarding alternative staffing/schedule options. 20.03 The work day for shift members of the bargaining unit shall be twenty-four (24) hours, commencing at 0700 and continuing to 0700 the following day. The daily work structure shall be task based from 0800-1700. Task based means those tasks determined to be essential to the daily operations of the department including training, maintenance and cleaning of apparatus and equipment, physical training (PT), as well as routine station cleaning. Completion of all assigned tasks for the day will allow for time in which the employees can do paperwork and computer-based training. Nothing in this agreement will prohibit shift members from urgent work after 1700 or from attending scheduled Fire Department events after 1700 hours. Holiday routine will include preparation for and response to calls for service. One (1) hour for lunch and two (2) fifteen (15) minute breaks will be provided during each work day. The work day for non-shift members shall be eight (8) hours, commencing at 0800 and continuing to 1700 each day, except that on occasion non-shift members shall be allowed to work on a flex-time schedule not to exceed forty (40) hours in the normal week with prior approval of the Fire Chief or his designee. Moses Lake Council Packet 10-25-22, Page 123 of 147 27 Twenty-four (24) hour shift personnel of the bargaining unit shall be allowed one (1) hour of physical training (PT) time per shift. Members shall be given the opportunity for physical training during the hours of 0800-1700, however, PT time shall not interfere with emergency calls or prescheduled events and activities. Every attempt will be made to allow time for physical fitness training during the daily structure. 20.04 The pay period payday shall be every other Friday, except if a Friday falls on a holiday, the payday shall be on Thursday. If Thursday is also a holiday, then payday shall be the first working day thereafter. All pay rate changes and step changes shall be made effective the first day of a bi-weekly pay period, after the effective date of the change. 20.05 For pay purposes the standard week for the City of Moses Lake shall end at 12 p.m. midnight Sunday night and the new week shall begin immediately following. 20.06 Management shall require the monthly department shift schedule be posted two months in advance. Schedules shall be maintained on CrewSense or comparable software, and command personnel will be responsible for maintaining daily scheduling with oversight by management. “Command personnel” refers to the Chief, Deputy Chief, Assistant Chiefs, Battalion Chiefs, Captains, Lieutenants, or person acting in that role. Moses Lake Council Packet 10-25-22, Page 124 of 147 28 ARTICLE 21—DAILY STAFFING 21.01 The City and the Union will strive to maintain a staffing level of nine (9) exempt suppression personnel on a daily basis. Overtime shall be offered on a rotational basis as described in article 14.10. 21.02 If the staffing level is below eight (8) personnel after exhausting the overtime lists, then a firefighter who is scheduled to be relieved from shift will be held over to work mandatorily. Daily staffing will be allowed to drop below eight (8) personnel if it would cause anyone to work more than seventy-two (72) consecutive hours (reference MLFD policy #1003, May 20, 2016) or in the event of unforeseen circumstances beyond the control of either the City or the Union. 21.03 Beginning June 1, 2023, The City and the Union agree to reopening of Article 21, if necessary, to discuss daily operational staffing. Moses Lake Council Packet 10-25-22, Page 125 of 147 29 ARTICLE 22- PROBATION 22.01 Entry Level/Lateral Probation Employees in their first year of duty shall be considered probationary. During the probationary year, employees may be terminated without cause and without recourse to the grievance and arbitration provisions of this agreement. Probationary employees will receive quarterly evaluations from their immediate supervisor. If a probationary member fails to pass or achieve ‘satisfactory’ remarks, he/she will be subject to separation from city employment. In the event that a probationary member utilizes extended leave for longer than four (4) shifts, the member’s probation shall be extended by the number of shifts the member is absent. 22.02 Promotional Probation Employees in their first year of promotion shall be considered probationary. During the probationary year, employees may be demoted with cause. Cause shall mean the employee received notice of the performance deficiencies and an explanation for the Fire Chief’s decision to demote during the probationary year. If an employee feels that they can no longer perform the duties of the promoted position during probation, the employee may be allowed to return to the employee’s former rank and position without disciplinary recourse. The returning employee would then “bump back” the member of the respected position with the least amount of time in the given role. Moses Lake Council Packet 10-25-22, Page 126 of 147 30 ARTICLE 23- SENIORITY 23.01 Seniority for bargaining unit members shall be established by date of full-time employment in the Moses Lake Fire Department. If the date of hire is the same, scores on the employment examination shall determine seniority with the higher score being senior. If test scores are equal, dates of employment application shall be considered with the earliest application date determined to be senior. 23.02 In order to recognize years of service to retain employees of the City of Moses Lake, longevity pay will be established as follows based on continuous years of service with the City. 6-10 years 1% 11-15 years 2% 16-20 years 3% 21+ years 4% Moses Lake Council Packet 10-25-22, Page 127 of 147 31 ARTICLE 24- HEALTH AND WELFARE 24.01 Effective upon contract ratification the City will provide medical, dental, and vision insurance coverage for employees and the qualified dependents through the Association of Washington Cities Health Benefit Trust. The members of the bargaining unit contribution rate will be based on fifteen percent (15%) of the dependent medical premium and fifteen percent (15%) of the dental premium. Federal income tax laws pertaining to medical insurance deductions are applicable. 24.02 Effective January 1, 2019, the City shall provide all members of the bargaining unit coverage through ANC Healthfirst 250 Plan. Dental, vision, and EAP coverages shall remain the same. 24.03 If agreed to by the Labor/Management Committee that the level of benefits will remain substantially the same, the benefits provided by this article may be provided through a self- insured plan or under group insurance policy or policies issued by an insurance company or companies selected by the City. 24.04 The City agrees to deduct an amount, certified in writing by the Secretary/Treasurer of the Union, equal to the premium for disability insurance for LEOFF Plan Il, from the salary of those LEOFF Plan Il members wishing to be covered. This amount shall be deducted once each month and a check for the total deduction remitted to the Secretary/Treasurer of the Union within five (5) working days of the deduction. 24.05 Starting in 2017 the City hereby agrees to assist the members of the Union to become enrolled in the Medical Reimbursement Plan (MERP) that is made available by the Washington State Council of Firefighters. All contributions to MERP are to be made by the employees. The Union and the employees agree to hold the City harmless and indemnify the City from any and all liability, claims, demands, lawsuits, and/or losses, damage, or injury to persons or property, of whatsoever kind, arising from and in any way related to the implementation and administration of the MERP. The Union and employees shall be one hundred percent (100%) liable for any and all liabilities inclusive of any federal, state, or local agency determination regarding any liabilities that arise out of the MERP. The Union and employees shall be liable for any and all tax penalties, as well as any other liabilities arising out of the implementation and administration of the MERP. Under no circumstances whatsoever will the City be liable for direct pay of any MERP benefit to the employees and/or retired employees and/or their beneficiaries. Moses Lake Council Packet 10-25-22, Page 128 of 147 32 ARTICLE 25- DEFERRED COMPENSATION 25.01 Starting in 2024, for employees who participate in the City’s Section 457 deferred compensation plan, the city will make up to a 2% match of the employee's base compensation (i.e., hourly wages, excluding overtime, longevity, etc.). Moses Lake Council Packet 10-25-22, Page 129 of 147 33 ARTICLE 26 - UNIFORMS 26.01 A uniform is considered to be that clothing which the City requires an employee to wear on duty. The City shall not require the purchase or maintenance of Class "A" uniforms. The City shall provide an initial issue of, and all employees covered by this agreement will maintain, in serviceable condition, the following uniform inventory: A. 3 pairs of blue nomex, or other compliant uniform pants B. 2 blue nomex, or other compliant uniform shirts, one long sleeve and one short sleeve. C. 4 blue department logo T-shirts D. 1 2" black belt E. 1 black tie F. 1 winter coat G. 1 pair black “station wear” footwear H. 2 blue quarter zip sweatshirt I. 1 Lightweight jacket J. 2 long sleeve logo t-shirts Note: The City will designate style and brand of uniforms for all employees. Fire Prevention Division and other administration positions covered under this agreement shall be designated by the City. Personal preference items such as leather belts, or baseball caps may be allowed and will be addressed through policy/SOG. Baseball caps/stocking caps or other optional uniform items with logos affixed shall be approved by the Fire Chief, such items must be uniform among all members who choose to wear them (i.e.: color, logo, etc.). Union identification may be included on the back or side of caps above the ear and will be restricted to text of “IAFF 1258” or “Local 1258 IAFF”. Size of union text shall not exceed ¾” nominal letter size. 26.02 The City will furnish uniforms to the employees. The City will replace uniforms as they are worn out. The Fire Chief, or designee, will decide when the uniform or uniform part is worn such as to require replacement. A uniform request must be received from the employee prior to ordering of the replacement item(s), and the worn item(s) must be turned in prior to issue of the new item(s). 26.04 The cleaning of uniform parts requiring dry cleaning will be paid for by the City and must be reviewed for approval by the Fire Chief or designee. Routine cleaning of uniform items and personal protective equipment such as turn outs will be accomplished utilizing the washer extractor, and/or, domestic washing machines at fire stations. 26.05 If an employee voluntarily terminates their employment during their probationary period, the City will be reimbursed for the cost of the initial outfitting. Moses Lake Council Packet 10-25-22, Page 130 of 147 34 ARTICLE 27- SHIFT TRADES 27.01 Equally qualified employees within the bargaining unit shall be allowed eight (8) shift trades per year; no more than three (3) consecutive shifts may be traded at one (1) time. 12 hours or more is considered a shift trade. Shift trades for approved training (including military or official union business) will not be counted toward the maximum of eight (8) per year. 27.02 Paybacks will be accomplished within one (1) year of the initial trade. If the payback does not occur within one (1) year, the trade shall be considered lost. 27.03 Neither shift trades nor paybacks shall create a situation where an employee works more than a seventy-two (72) hour shift. 27.04 Trades will not be allowed during the initial probationary period except for approved training. 27.05 Family emergencies may be considered an exception. What constitutes an emergency shall be determined by the Fire Chief, Deputy Chief, or the Shift Officer in their absence. 27.06 The absence of a Captain due to an approved shift trade shall not entitle the Lieutenant to Captain wage. 27.07 Trades will be submitted through approved crew scheduling software to the Battalion Chief three (3) days prior to the trade date. Forms shall not be needed for early relief, sleep-in on Sundays, etc. However, the Shift Officer approval is required. Moses Lake Council Packet 10-25-22, Page 131 of 147 35 ARTICLE 28 - ALTERNATE DUTY 28.01 The Union and the City recognize the occasional need for temporarily assigning an employee who is experiencing a disability to alternate duty. 28.02 An employee may request an alternate duty assignment. In the event a LEOFF Il member covered under this contract is temporarily disabled due to an injury or illness and that member's physician releases him or her to alternate duty, every attempt to reasonably accommodate that release will be made. The employee's doctor will make the determination regarding the employee's ability to work an alternate duty position. 28.03 The City may request an employee to be placed in an alternate duty position. The City will provide the employee and the Union written notification one (1) week prior to having an employee work alternate duty. If an employee has remaining vacation balance, they should have the option to deplete that balance before being assigned to alternate duty. 28.04 Any prior approved vacation scheduled before being assigned to alternate duty should be granted. The hours shall be adjusted accordingly. No Kelly days shall be scheduled during alternate duty. 28.05 The alternate duty assignment would normally be forty (40) hours per week, or with mutual agreement between the employee and the City, other schedules may be established. The employee’s net monthly pay will remain the same as if they were released to shift duty. The employee shall continue to accrue sick leave, vacation, and pay-in-lieu of holiday at their current accrual rates. If payroll cannot accommodate this accrual, then at the end of the assignment of alternate duty, the rate will be adjusted accordingly. Moses Lake Council Packet 10-25-22, Page 132 of 147 36 ARTICLE 29 - MANPOWER SHORTAGE AND TEMPORARY ASSIGNMENTS 29.01 In the event of a temporary assignment in an officer role exceeding six (6) consecutive shifts and covering one (1) incident, all call backs or overtime will be compensated at the officer rate being filled, provided a call back specifically for an officer’s position at any time shall be compensated at that officer’s overtime rate. 29.02 In the event of a temporary assignment to cover a vacation, sick leave, K-day, extended leave-of- absence, or a vacancy in an officer position, an employee accepting the assignment shall receive pay at the officer rate being filled. This pay will continue for the duration of the assignment. 29.03 There will be no limit to the number of temporary assignments an employee may accept during the course of the year. 29.04 Any time a Lieutenant is being utilized in a supervisory role in the command structure during incidents or Multi Company organized drills, they shall be paid at the Captain rate. 29.05 Definition: Officer shall mean department member holding a civil service tested position covered under this agreement (Battalion Chiefs, Captains, and Lieutenants). Lieutenant positions shall only be utilized for vacation and Kelly day coverage, and scheduled medical time off. Coverage for an officer under this agreement for unscheduled time off shall be in accordance with 14.10 through 14.12 of this agreement. Moses Lake Council Packet 10-25-22, Page 133 of 147 37 ARTICLE 30 - DISCIPLINE/DISCHARGE (JUST CAUSE) 30.01 The City has a right to discipline or discharge employees for just cause. No provisions for the disciplinary procedures are to be construed as to mandate the use of progressive discipline; although the City will strive to adhere to the principles of progressive discipline. 30.02 The City will attempt to administer discipline in a progressive fashion. The progressive discipline will be dependent on the severity of the infraction and the City is not required to adhere strictly to the order or system set forth below: A. Verbal reprimand B. Written reprimand C. Suspension without pay D. Discharge 30.03 All steps in progressive discipline shall be conducted formally, in a private meeting with the employee having a right to representation (Weingarten Rights). Employee(s) shall receive prior written notification of the issues to be discussed. It is the City's responsibility to inform the employee(s) of their right to union representation. The Union be provided copies of all disciplinary action. 30.04 Employee(s) will be entitled to a pre-discipline/termination hearing (Loudermill hearing), with the right to union representation, to present evidence, arguments, and witnesses in their defense. 30.05 The City will strive to investigate and administer disciplinary actions in a timely manner. 30.06 Disciplinary records will, after twenty-four (24) calendar months from the date of the incident, and upon the employee(s) written request, be returned to the employee(s), unless in the intervening period related infractions have occurred. In this case the time frame above starts over from the date of the most recent related infraction. 30.07 Both parties agree that carrying out of departmental policy and procedures is exclusively the province of the Fire Chief. 30.08 An employee(s) shall be allowed to inspect his/her personnel file with the exception of materials that are exempt from disclosure pursuant to Washington law and may obtain any copy of such file at any reasonable time. The employee(s) may request removable of material which he/she believes erroneous or irrelevant. This request will be reviewed by the Human Resources Director. If the employee(s) does not agree with the Human Resources Director's decision, he/she may prepare a statement of dissent which will be placed in the file. Moses Lake Council Packet 10-25-22, Page 134 of 147 38 ARTICLE 31 - PERSONNEL REDUCTION 31.01 In the case of Fire Department personnel reduction (layoff or reduction in rank), all single role employees will be reduced before dual role employees. If additional layoffs are necessary those with the least seniority in the classification needing to be reduced will be laid off first. However, if an individual who would have been subject to lay off because of his or her relativity low seniority in the classification subject to layoff has more department seniority than one (1) or more individuals in a lower paying classification, and if that individual is qualified to perform work in that lower paying classification, then the individual may use his or her department seniority to "bump back" to the lower paying classification. Thus avoiding layoff. In the event of one (1) or more bump backs, the individual (s) with the lowest department seniority in the lower paying classification after the bump back(s) will be laid off. 31.02 When employees are laid-off, their names shall be placed on a two (2) year reemployment list in inverse order of lay-off. This list shall stand for a period of two (2) years and no new employees may be hired by the City during that period until the laid-off personnel have been given the opportunity to return to work subject to their ability to pass the physical requirements. Moses Lake Council Packet 10-25-22, Page 135 of 147 39 ARTICLE 32 - RECLASSIFICATIONS 32.01 When a uniformed officer is provisionally appointed (according to Civil Service Rules and Regulations) to fill a vacancy, subject to examination for permanent appointment to the vacancy, the employee shall receive the salary of the classification while performing the work within that classification. 32.02 Should it become necessary to establish a new job classification during the contract year, the City shall designate a job title and establish the job description. All wages, hours, and working conditions shall be established through collective bargaining with the Union. 32.03 For the purpose of full-time bargaining unit members only, the classification of Firefighter/EMT and Firefighter/Paramedic shall be considered lateral positions. The City, at its exclusive discretion, shall permit for either a Firefighter/EMT(s) or a Firefighter/Paramedic(s), who possess the necessary qualifications, to make a lateral transfer to any vacant Firefighter/EMT and/or Firefighter/Paramedic position(s) prior to requesting the Civil Service Commission to supply a list in which to fill such vacancy. Any such transfer(s) shall not result in a change to the employee(s) anniversary date for means of establishing seniority. The City retains the right to determine the number of employees in each classification in order to accomplish the City's normal operations. Should more than one (1) bargaining unit member declare interest in the same vacant position, consideration shall be granted to the member ranking highest on the seniority list. Moses Lake Council Packet 10-25-22, Page 136 of 147 40 ARTICLE 33 - PARAMEDIC SCHOOL, CERTIFICATION, TRAINING 33.01 The City shall work with the Union to establish a Paramedic Certification Program. 33.02 The City will pay tuition and books for members of the bargaining unit who have the City's approval to enroll in paramedic and other related classes. 33.03 Firefighters who obtain training and study course work in preparation for paramedic certification not required by the City will do so on their own time and at their own expense. 33.04 The City will provide paid release time for classes/courses not provided in house in order to assist paramedics to maintain their certifications and will also pay tuition and books that are connected with the process of Union members maintaining paramedic certifications. Provided, however, that if a paramedic fails a course or test necessary in order to maintain their certification, then subsequent attempts to pass the course/test will be at the employee's expense and on the employee's own time. In the event the employee doesn’t attend scheduled training without prior notification to the Chief, the employee may be required to reimburse the City for the cost of the class. 33.05 Employees who receive the training assistance stated in 33.02 above shall maintain their paramedic certification for a minimum of six (6) years, subject to the provisions of 33.06 below. 33.06 Any employee may drop his/her paramedic certification at any time with the approval of the employer without testing. Any employee that receives a paramedic certification at any time with the approval of the employer will work in the paramedic firefighter position listed in this contract. 33.07 If an Emergency Medical Technician fails a retaken course/test and certification is withdrawn, the employee may be terminated upon the recommendation of the Fire Chief. Moses Lake Council Packet 10-25-22, Page 137 of 147 41 ARTICLE 34- ANNEXATION, MERGER, AND CONSOLIDATION 34.01 All decisions and determinations undertaken by the City in connection with any annexations, merger, or consolidation activity, including any contracting out that may occur in connection with such activity, shall be the exclusive province of the City. Provided, however that the City agrees to bargain the effect on hours, wages, and working conditions with the bargaining unit per RCW 41.56. Moses Lake Council Packet 10-25-22, Page 138 of 147 42 ARTICLE 35 - GRIEVANCE PROCEDURE 35.01 A grievance means a dispute or disagreement raised by an employee or the Union involving the interpretation or application of the terms of the provisions of this agreement. However, any issues which are submitted with the agreement of the Union as a matter coming under the jurisdiction of the Civil Service Commission shall not be considered a grievance, and shall not, therefore, be subject to the grievance procedures herein. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his superior or department head without representation by the Union. 35.02 Step 1: An employee or a group of employees claiming to have a grievance must present the grievance within ten (10) working days of the alleged occurrence, in writing, to the Union Grievance Committee. The written statement shall set forth: A. The nature of the grievance B. A statement of the facts upon which the grievance is based C. The provisions of the agreement covering the grievance D. A statement of the relief desired The Union Grievance Committee, upon receiving the written grievance, shall, within ten (10) working days, determine if, in their opinion, a grievance exists. If, in their opinion, a grievance does not exist, the matter will be dismissed at that time. If, in their opinion, a grievance does exist, the Committee, with or without the employee, shall forward the grievance to the second step of the procedure, which shall be the Fire Chief. 35.03 Step 2: Upon the receipt of the written grievance, the Fire Chief shall attempt to resolve it within five (5) working days. If the Union Grievance Committee, is not satisfied with the solution of the Fire Chief, the grievance may (within ten (10) working days) be forwarded to the third step in the process, which shall be the Human Resources Director. 35.04 Step 3: Upon the receipt of the written grievance, the Human Resource Director shall attempt to resolve it within five (5) working days. If the employee, with the concurrence of the Union Grievance Committee, is not satisfied with the solution of the Human Resource Director, the grievance may (within ten (10) working days) be forwarded to the fourth step in the process, which shall be the City Manager. 35.05 Step 4: Upon the receipt of the written grievance together with all pertinent material, the City Manager shall attempt to resolve it within ten (10) working days. 35.06 Step 5: If the grievance cannot be settled by the City Manager and agreed upon by both parties, the matter may be submitted by either party for arbitration. The arbitrator shall be appointed by agreement between the City and the Union. If the City and the Union are unable to agree upon an arbitrator within five (5) working days after they meet to determine such an appointee, they shall jointly request the Public Employment Relations Commission (PERC) to supply a list of seven (7) arbitrator names. The parties will strike names until an arbitrator is selected or only one name remains. Moses Lake Council Packet 10-25-22, Page 139 of 147 43 35.07 It shall be the function of the arbitrator to hold a hearing at which the parties shall submit their cases concerning the grievance. The arbitrator shall render his decision based upon the interpretation and application of the provisions of the agreement within thirty (30) working days after such hearing. The decision shall be final and binding upon the parties to the grievance provided the decision does not involve action by the City which is beyond its jurisdiction. Each party hereto will pay the expenses of their own representatives and the expenses of the arbitrator will be borne equally by the parties hereto. 35.08 Neither the arbitrator nor any other person or persons involved in the grievance procedure shall have the power to negotiate new agreements or to change any of the present provisions of this agreement. 35.09 The time limits as specified above may be extended by mutual agreement between the two (2) parties 35.10 "Working days" shall mean Monday-Friday, excluding Saturday, Sunday, or holidays. Moses Lake Council Packet 10-25-22, Page 140 of 147 44 ARTICLE 36 - LABOR/MANAGEMENT MEETINGS 36.01 It is mutually agreed that a committee for Local #1258, IAFF and the negotiating committee for the City of Moses Lake shall conduct labor/management meetings for the purpose of resolving any problems which may arise at the request of either party. Moses Lake Council Packet 10-25-22, Page 141 of 147 45 ARTICLE 37 - STATE MOBILIZATION 37.01 Involvement in any State Mobilization Fire is strictly voluntary; no employee will be required to participate when a fire occurs outside of Department boundaries or the boundaries of any mutual aid or automatic aid. 37.02 Where an employee elects to take an assignment on a state mobilization fire, the department agrees to provide administrative support for the purpose of billing of employee's time. The current overtime list will be utilized to notify and assign qualified personnel to state mobilization team. Qualified personnel are defined as having a current Wildland Firefighter Il certification as a minimum. 37.03 When an employee elects to take an assignment on a State Mobilization Fire, the employee agrees to work under the pay schedule and rules set forth in the State Mobilization Plan. 37.04 The Department reserves the right to approve or disapprove an employee's request to participate in any State Mobilization Fires where such an assignment would adversely affect the best interest of the Department. Moses Lake Council Packet 10-25-22, Page 142 of 147 46 ARTICLE 38- SPECIALIZED TECHNICAL TEAMS 38.01 The City and the Local recognize that there is past practice for regional TRT to have Local bargaining members integrate with the team as special commissioned law enforcement officers for the role of ‘TRT Medic’. 38.02 Definitions for TRT Medic Positions are as follows: - Commissioned members: paramedics who have received special commission through Reserve Law Enforcement course and are active members of the TRT per the TRT commander. - Non-commissioned members: members who will staff the TEMS ambulance for TRT related situations for supplementary medical care. 38.03 In the event of TRT call out, the TRT Medics have duty to act in their role as TRT members, therefore, commissioned members take priority to leave duty at MLFD so long as there is adequate daily staffing per contract. If MLFD is at minimum staffing, team members will wait and remain on duty at MLFD until adequate replacement has arrived. Emergency call back will be utilized via CrewSense all call similar to WARN call-back. 38.04 In the event of TRT event when a bargaining unit member is off schedule, pay will be as reflected in Article 14 of this collective bargaining agreement. If the TRT is deployed on a non- preplanned mission, and the mission is called off within a three-hour window, members who were called in will be provided 3 hours callback. 38.05 Regional Hazardous Materials Team (12 members maximum): Members of Bargaining Unit may apply to be operational members of the Regional Hazardous Materials Team members must meet the minimum training hour requirements, and/or call out participation specified in the team by-laws and training guidance in order to qualify for incentive pay for Hazmat Technician / Regional Hazmat Team as identified in Article 13 of this agreement. Selection for the Regional Hazardous Materials Team shall be through an application process and competitive selection. Testing process for the competitive selection will be discussed and agreed to through labor management meetings. 38.06 Technical Rescue Team (12 members maximum): Members of the Bargaining Unit may apply to be operational members of the Moses Lake Fire Department Technical Rescue Team. Team members must meet the minimum training hour requirements, and/or call out participation established by the department training committee and team leader in order to qualify for incentive pay for Technical Rescue Team as identified in Article 13 of this agreement. Selection for the Technical Rescue Team shall be through an application process and competitive selection. Testing process for the competitive selection will be discussed and agreed to through labor management meetings. Moses Lake Council Packet 10-25-22, Page 143 of 147 47 Appendix A *Recruit step is based on 2080 hours and individuals in recruit step will move to Step 2 upon completion of Fire Academy Step 1 Recruit* 70% Step 2 Probationary 80% Step 3 85% Step 4 90% Step 5 95% Step 6 Top 100% Firefighter/EMT (2555 hours) 100% Hour $29.47 $27.42 $29.14 $30.85 $32.56 $34.28 Month $5,108.73 $5,838.55 $6,203.46 $6,568.37 $6,933.28 $7,298.19 Annual $61,304.80 $70,062.62 $74,441.54 $78,820.45 $83,199.37 $87,578.28 Battalion Chief (2555 hours) 120% Hour $41.13 Month $8,757.83 Annual $105,093.94 Captain (2555 hours) 115% Hour $39.42 Month $8,392.92 Annual $100,715.02 Fire Inspector (2080 hours) 110% Hour $37.05 $39.37 $41.68 $44.00 $46.32 Month $6,422.41 $6,823.81 $7,225.21 $7,626.61 $8,028.01 Annual $77,068.89 $81,885.69 $86,702.50 $91,519.30 $96,336.11 Fire Marshal (2080 hours) 120% Hour $50.53 Month $8,757.83 Annual $105,093.94 Medical Services Officer (2080 hours) 120% Hour $50.53 Month $8,757.83 Annual $105,093.94 Moses Lake Council Packet 10-25-22, Page 144 of 147 48 Signatures Dated:__________________________________ Dated:___________________________________ City of Moses Lake Local # 1258, International Association of Firefighters By ______________________________________ By ______________________________________ Allison Williams David W. Durfee, President Local #1258 ATTEST: __________________________________________ Shannon Springer, Human Resource Director Moses Lake Council Packet 10-25-22, Page 145 of 147 Moses Lake Council Packet 10-25-22, Page 146 of 147 Moses Lake Council Packet 10-25-22, Page 147 of 147