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FINAL 2021 0511 Council Agenda PacketMoses Lake City Council David Curnel, Mayor | Daryl Jackson, Deputy Mayor | Mike Riggs, Council Member | Karen Liebrecht, Council Member Don Myers, Council Member | David Eck, Council Member| Dean Hankins, Council Member REMOTE ACCESS AND LIMITED IN PERSON ATTENDANCE Citizens can join this meeting remotely via phone by calling the numbers listed at the bottom of the agenda, by audio only option https://cityofml.zoom.us/j/95160346024, or by registering before the meeting date using the link for the form for in person attendance. Pre-approvals for in person attendance will be determined in the order received. Masks and social distancing will be required. Study Sessions Tuesday, May 11, 2021, 5:30 PM Moses Lake Civic Center – 401 S. Balsam or remote option 5:30 p.m. WSDOT Project Presentation – Highway 17 and Grape Dr. Roundabout Presented by Richard Law, City Engineer 6:00 p.m. Joint Comprehensive Plan Workshop with Planning Commission Transportation and Capital Facilities Elements - BERK Consulting Presented by Melissa Bethel, Community Development Director Regular Meeting Agenda Call to Order – 7 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Summary Reports: Mayor’s Report -Groundbreaking for Larson Rec Center -Letter of Support for Columbia Basin Development League - COVID Vaccination Clinic Additional Business City Manager’s Report -Retirement of Fleet Manager Steve Hibbs - Water Sewer Rate Implementation Schedule -Stratford Rd. Completion Contract Motion Moses Lake Council Packet 5-11-21, Page 1 of 120 May 11, 2021, City Council Meeting Page 2 Citizen’s Communications - Citizens who would like to address the Council can submit written comments to the City Clerk no later than 3 p.m. on the day of the meeting. Comments will be provided to Council electronically and recorded in the meeting minutes. Citizens who would like to speak on matters during the meeting will need to complete the following form no later than 3 p.m. on the day of the meeting. There will be a five-minute limit per speaker. https://lfweb.cityofml.com/Forms/Council- Speaker-Request Consent Agenda Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #1 pg 4 a.City Council Meeting Minutes Dated April 27, 2021 b.Claims and Payroll c.D&L Foundry Wastewater Discharge Permit d.Grant County Sheriff Marine Patrol ILA e.Accept Surf ‘n Slide Water Park Pool Liner Project New Business #2 #3 Motion #4 Motion #5 Motion #6 pg 18 Council and Board Procedures Ordinance – First Presentation Presented by Allison Williams, City Manager Summary: Council to review and discuss pg 42 Continuity of Operation Plan Resolution 3853 Presented by Allison Williams, City Manager Summary: Council to review and consider adoption pg 67 District Court Amnesty Program Presented by Kevin Fuhr, Police Chief Summary: Council to review and consider approval pg 70 Expanding Homeless Assistance Program Presented by Melissa Bethel, Community Development Director Summary: Council to review and consider approval pg 115 2021 Budget Amendment Ordinance – First Presentation Presented by Cindy Jensen, Finance Director Summary: Council to review and consider adoption Moses Lake Council Packet 5-11-21, Page 2 of 120 May 11, 2021, City Council Meeting Page 3                                                               Administrative Reports     Council Communications and Reports    Adjournment      Zoom Meeting – Audio Only  Please click the link below to join the webinar: https://cityofml.zoom.us/j/95160346024  Or iPhone one‐tap: US: +12532158782,,95160346024#  or +13462487799,,95160346024# 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: 951 603 346 024. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ    NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate  physical, hearing, or other impairments, please contact the City Clerk at (509) 764‐3703 as soon as possible  so that arrangements may be made prior to the meeting time.  MOSES LAKE CITY COUNCIL April 27, 2021 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7:01 p.m. by Mayor Curnel via audio only remote and limited in-person access. Special notices for attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Curnel; Council Members Eck, Riggs, Liebrecht, Myers, and Hankins. Deputy Mayor Jackson joined the meeting remotely at 7:05 p.m. PLEDGE OF ALLEGIANCE Mayor Curnel led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Liebrecht moved to approve the Agenda as presented, second by Council Member Riggs. The motion carried 6 – 0. SUMMARY REPORTS MAYOR’S REPORT Armed Services Recognition – High School Graduates Mayor Curnel presented a recognition certificate, city pin, personalized banner, and folded US Flag to the following Moses Lake High School 2021 graduate entering the US Army-National Guard: Charles Harris. The following two US Air Force recruits were unable to attend the meeting and received their items prior to the meeting: David Emerson and Warren Emerson. Also recognized were US Army-National Guard recruit Barry Weaver and US Marine Corps recruit Lawrence Thompson, though they were unable to attend the meeting. Council Candidate Workshops The City has advertised an election season workshop for new potential Council candidates. Interested persons need to sign up through the City Clerk’s office in advance of the workshops being held on April 28 at noon and April 29 at 5 p.m. Mayor Curnel verified which Council Members would attend each session. Memorial Services There will be a memorial service for Tony St. Onge will be on Friday, April 30 at 11 a.m. at Our Lady of Fatima Church and one at 11 a.m. on Saturday for Brent Reese at Lake City Foursquare Church. CITY MANAGER’S REPORT Police Evidence Custodian Introduction Chief Kevin Fuhr introduced Miranda Martinez as the new Police Evidence Custodian. Moses Lake Council Packet 5-11-21, Page 4 of 120 CITY COUNCIL MINUTES – April 27, 2020 pg. 2 Earth Day Poster Contest Museum staff conducted a youth poster contest and awarded the following winners: 8 and under: 1st place Shaurya Singh, 2nd place Rithi V Bhogarju; 9 and older: 1st place Kamryn McNett, 2nd place Carlee Howard. Comprehensive Plan Timeline Update An updated timeline was emailed to Council that reflects the extension that was granted due to COVID-19 pandemic delays. Neighborhood Meeting Ordinance Discussion Melissa Bethel gave an update on the Neighborhood Meeting Ordinance and Council also heard from Planning Commission Chair Nathan Nofzinger regarding their recommendation to deny the Ordinance. A Public Hearing will be scheduled on this Ordinance at the end of May where Council will vote to approve, deny, or remand back to the Planning Commission. CONSENT AGENDA #1 a. City Council meeting minutes dated April 13, 2021 b. Claim Checks 151752 through 151860 in the amount of $1,050,458.30; Payroll Checks 63677 through 63686 in the amount of $4,238.97; and Electronic Payments dated April 16, 2021 in the amount of $502,851.72. c. Award Lauzier Infield Restoration Contract d. DNR Kittelson Rd. Easement Resolution 3849 e. Accept Longview Elementary Improvements Resolution 3850 f. FFCRA Update Resolution 3851 g. MLSD Student Resource Officer Contract h. FEMA Relief Funds Resolution 3852 Action taken: Council Member Hankins moved to approve the Consent Agenda as presented, second by Council Member Eck. The motion carried 7 – 0. OLD BUSINESS #2 Systems Design Ambulance Billing Service A request for proposals was published by the City with the intent of selecting a new ambulance billing contractor. Fire and Finance Departments recommend Systems Design West to provide billing for the ambulance service effective July 1. Action taken: Council Member Riggs moved to move forward with Systems Design West as the ambulance billing provider as presented, second by Council Member Eck. The motion carried 7 – 0. Moses Lake Council Packet 5-11-21, Page 5 of 120 CITY COUNCIL MINUTES – April 27, 2020 pg. 3 NEW BUSINESS #3 Prior Year 4th Quarter Financial Report The new Financial Policy that Council adopted in February stipulated that Council approve transfers of reserve funds to shore up capital replacement funds and start a “rainy day” fund. Due to the CARES Act and the additional unexpected property tax received, all operating funds will still have adequate reserves after these transfers would be made and the reserve fund is started. Action taken: Council Member Hankins moved to approve the additional transfers and accept the 2020 Year-End Budget Report, second by Council Member Myers. The motion carried 7 – 0. #4 Mattawa Waiver Letter and Interim Chief Interlocal Agreement The City has been asked to approve an interlocal agreement with the City of Mattawa for temporary Police Chief services. A conflict waiver also needs to be signed since Katherine Kenison serves as legal counsel to both cities. Action taken: Council Member Hankins moved to approve the Conflict Waiver letter as presented, second by Council Member Liebrecht. The motion carried 7 – 0. Action taken: Council Member Eck moved to approve the Interlocal Agreement with the City of Mattawa as presented, second by Council Member Riggs. The motion carried 7 – 0. ADMINISTRATIVE REPORTS The City is receiving additional COVID funding, some of which needs to be spent on business support and all expenditure completed by 2024. One of the uses that is being considered is the downtown street closures for business. The street closures will correlate to activities happening at downtown businesses and potentially concerts or music in Sinkiuse Square. There is a telemetry study going on that will look at balancing water flows in the City. It can cause issues in water pressure, so there may be some phone calls about that. The Water department is putting together notices, and as soon as they are ready, they will be sent to Council and residents. COUNCIL COMMUNICATIONS AND REPORTS Council Member Myers attended the GTA Board retreat and reported that their revenue is strong and doing well despite COVID. Additionally, they are getting a Federal grant for electric busses to run within the City of Moses Lake. EXECUTIVE SESSION Mayor Curnel called an Executive Session at 7:51 p.m. to be held for 45 minutes pursuant to RCW 42.30.110(1) subsection (i) to discuss potential litigation. There will be one action item after the Executive Session. Moses Lake Council Packet 5-11-21, Page 6 of 120 CITY COUNCIL MINUTES – April 27, 2020 pg. 4 #5 Stipulation Order with the WA State Department of Ecology Action taken: Deputy Mayor Jackson moved to authorize the City Manager to sign the stipulation order with the WA State Department of Ecology regarding settlement of claims for certain water rights, second by Council Member Hankins. The motion carried 7 – 0. ADJOURNMENT The regular meeting was adjourned at 8:46 p.m. ______________________________________ David Curnel, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 5-11-21, Page 7 of 120 To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Council Meeting Date: May 11, 2021 Proceeding Type: Consent Agenda Subject: Semi-Monthly Disbursement Report The following amounts were budgeted and sufficient funds were available to cover these payments: Claim Checks No Activity for the period $0.00 Payroll Checks 0063687 - 0063693 $3,285.11 Electronic Payments Payroll ACH –4/30/2021 $489,150.64 Summary RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place. Moses Lake Council Packet 5-11-21, Page 8 of 120 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Michael G. Moro, Public Works Division Director Date: May 4, 2021 Proceeding Type: Consent Agenda Subject: Industrial Waste Discharge Permit No. 17, D & L Foundry, Inc. Legislative History: • First Presentation: May 11, 2021 • Second presentation: • Action: Motion Overview Attached is a copy of the proposed Industrial Waste Discharge Permit No. 17 for D & L Foundry, Inc. This permit will allow D & L Foundry, Inc. to continue their discharge to the City’s POTW for an additional five years prior to renewal. D & L Foundry, Inc. is a significant user and is required to have an industrial waste discharge permit from the DOE and the City of Moses Lake. All discharge permits expire in five years and are required to be renewed to continue discharging to the City’s wastewater system. Fiscal and Policy Implications – None Council Packet Attachments A. Industrial Waste Discharge Permit No. 17 Finance Committee Review – N/A Legal Review – N/A Moses Lake Council Packet 5-11-21, Page 9 of 120 Page 2 of 2 Options Option Results • Authorize the City Manager to execute the permit. The industry will continue to discharge their wastewater to the City’s system. • Take no action. The industry will have to pursue other options for their wastewater. Action Requested Staff recommends City Council authorize the City Manager to execute the Industrial Waste Discharge Permit No. 17 for D & L Foundry, Inc. Moses Lake Council Packet 5-11-21, Page 10 of 120 March 31, 2021 Adam Kroupa, Plant Engineer D&L Foundry, Inc. 12970 Wheeler Road Moses Lake, WA 98837 RE: CITY OF MOSES LAKE INDUSTRIAL WASTE DISCHARGE PERMIT NO. 17 PERMIT RENEWALS ENCLOSED FOR SIGNATURE Dear Adam: Three copies of City of Moses Lake Industrial Waste Discharge Permit No. 17 for D & L Foundry, Inc. are enclosed for permit renewal. Please examine the documents, and have all three copies signed and dated by authorized personnel. Then, return all three signed copies to my office when they are signed. We would like to present the signed permits to City Council on May 11, 2021. After the permit is approved and signed by the City, we will send you a fully executed permit with original signatures for your files. Please feel free to contact me at 764-3949 if you have any questions. Sincerely, Michael G. Moro, PE Public Works Division Director cc: City Engineer; Wastewater Division Manager, Wastewater Division Supervisor; Ecology enc: Industrial Wastewater Permit renewal (3 copies) Moses Lake Council Packet 5-11-21, Page 11 of 120 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Kevin Fuhr, Police Chief Date: April 27, 2021 Proceeding Type: Consent Agenda Subject: Marine Patrol ILA with Grant County Legislative History: • First Presentation: May 11, 2021 • Second Presentation: • Action: Motion Overview Concerned citizens within the Laguna area requested the Police Department enforce boating violations in areas on Moses Lake within the City’s jurisdiction. The Police Department does not have the resources available to handle boating violations on Moses Lake and therefore was unable to perform the enforcement as requested. The Grant County Sheriff’s Office has a Marine Unit that conducts enforcement on Moses Lake and were willing to handle enforcement on Moses Lake within the City’s jurisdiction. Attached is an Interlocal Agreement for Marine Patrol services between the City and Grant County. The ILA would allow the Sheriff’s Office to patrol and enforce boating violations on Moses Lake in areas within the City’s jurisdiction. Fiscal and Policy Implications-N/A Council Packet Attachments A. Interlocal Agreement Finance Committee Review-N/A Legal Review Type of Document Title of Document Date Reviewed ILA Marine Patrol Services 4/26/2021 Moses Lake Council Packet 5-11-21, Page 12 of 120 Page 2 of 2 Options Option Results • Authorize as presented Staff will execute agreement for services. • Provide staff with changes Staff will negotiate changes requested by Council. • Take no action No action will be taken. Action Requested Staff requests Council to authorize the City Manager to execute the agreement as presented. Moses Lake Council Packet 5-11-21, Page 13 of 120 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MOSES LAKE, WA AND GRANT COUNTY, WA RELATING TO MARINE PATROL SERVICES This Agreement is made and entered into this __th day of May, 2021, by and between Grant County, Washington, a political subdivision of the State of Washington, hereinafter referred to as COUNTY, and the City of Moses Lake, a non-charter code city, hereinafter referred to as CITY for marine patrol services. Recitals: 1. The parties have geographical boundaries either bordering on or encompassing navigable waters in Grant County and, thus have the authority to police these waters; 2. County has established and maintains a marine patrol service on the waters within County’s jurisdiction which can also service the waters under the authority of City; NOW THEREFORE, County and City hereby agree as follows: 1. Police Authority. City confers municipal police authority on County officers engaged pursuant to this Agreement to enforce State and City ordinances within City waters for the purposes of carrying out this Agreement. 2. Assistance and Patrol. Through its Marine Patrol Unit, County may provide assistance to the City Police Department upon request, and may patrol waters under the authority of City for the purposes of enforcing applicable laws and ordinances, promoting boating safety, and preventing law or safety violations, including responding to emergency complaints in accordance with standard emergency dispatch protocol. Due to the mutual interest of and benefit to both parties in public safety for the community, no monetary compensation will be paid for these services. 3. No Duty to Patrol or Provide Assistance. County Marine Patrol Unit shall have the primary interest of patrolling its own waters, and shall not be liable for, or be considered to be in breach of or default under this Agreement on account of any delay in or failure to perform any obligation under this Agreement. This Agreement shall not create any duty on the part of County to patrol the waters of City or respond to requests for assistance. County has the absolute discretion to decline to provide any requested assistance at any time without incurring any liability. 4. Independent Contractor. The parties to this Agreement agree that County is acting as an independent contractor and controls all marine patrol personnel, including standards of performance and discipline. All persons rendering marine patrol services under this Agreement shall be for all purposes employees of County. 5. Indemnification. Moses Lake Council Packet 5-11-21, Page 14 of 120 5.1. In executing this agreement, County does not assume liability or responsibility for or in any way release City from any liability or responsibility, which arises in whole or in part from the existence, validity or effect of City ordinances, rules or regulations. If any such cause, claim, suit, action or administrative proceeding is commenced, City shall defend the same at its sole expense and if judgment is entered or damages are awarded against City, County, or both, City shall satisfy the same, including all chargeable costs and attorney's fees. 5.2. Each party shall be responsible for the wrongful or negligent actions of its employees while engaged in activities under, and during the performance of, this Agreement as their respective liability shall appear under the laws of the State of Washington and/or Federal Law and this agreement is not intended to diminish or expand such liability. 5.3. To that end, each party promises to hold harmless and release all the other party from any loss, claim or liability arising from or out of the negligent tortious actions or inactions of its employees, officers and officials. Such liability shall be apportioned among the parties or other at fault persons or entities in accordance with the laws of the State of Washington. 5.4. Nothing herein shall be interpreted to: 5.4.1. Waive any defense arising out of RCW Title 51. 5.4.2. Limit the ability of a participant to exercise any right, defense, or remedy which a party may have with respect to third parties or the officer(s) whose action or inaction give rise to loss, claim or liability including but not limited to an assertion that the officer(s) was acting beyond the scope of his or her employment. 5.4.3. Cover or require indemnification or payment of any judgment against any individual or city for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual or city. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal employer, should that employer elect to make said payment voluntarily. This agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions 6. Contract Administration. The parties do not by this Agreement create any separate legal or administrative entity. The County Sheriff and the City Chief of Police shall be responsible for administering the terms of this Agreement. The parties do not intend to jointly own any real or personal property as part of this undertaking. 7. Duration. This Agreement is effective April 1, 2021. The contract period shall continue until December 31, 2021. This Agreement shall automatically be renewed on a calendar year basis unless written notice of termination is given by either party by the proceeding November 30th of any such year. Moses Lake Council Packet 5-11-21, Page 15 of 120 8. Termination. Either party may terminate this Agreement at any time upon thirty days (30 days) written notice to other party. 9. Amendment and Waiver. This Agreement may be amended by mutual written agreement of the parties. No waiver by any party of any term or condition of this Agreement shall be deemed or construed waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or a different provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective on the date shown above. The signatories below represent and warrant that they possess the authority to execute this Agreement and bind their respective entities. CITY OF MOSES LAKE, WA COUNTY OF GRANT, WA _______________________________ _____________________________ City Manager County Commissioner-Chair ATTEST: _______________________________ _____________________________ City Clerk Prosecuting Attorney APPROVED AS TO FORM: _______________________________ City Attorney Moses Lake Council Packet 5-11-21, Page 16 of 120 Page 1 of 1 STAFF REPORT To: From: Date: Proceeding Type: Subject: Allison Williams, City Manager Susan Schwiesow, Parks, Recreation & Cultural Services Director May 6, 2021 Consent Agenda Accept Surf ‘n Slide Water Park Pool Liner Legislative History: •First Presentation: May 11, 2021 •Second Presentation: •Action: Motion Overview Aquatic Renovation Systems, Inc. has completed the work for the above project. The project consisted on applying a pool membrane/liner that comes with a 10-year limited warranty. The work completed by the contractor is physically complete and ready for acceptance. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60-day lien period as required by Washington State Law. Council Packet Attachments – None Finance Committee Review – N/A Legal Review – N/A Options Option Results •Accept the project presented The 60-day lien period will begin •Take no action.The project won’t be accepted at this time Action Requested Staff recommends accepting the Surf ‘n Slide Pool Liner. Moses Lake Council Packet 5-11-21, Page 17 of 120 Page 1 of 2 STAFF REPORT To: Mayor and City Council From: Allison Williams, City Manager Date: April 27, 2021 Proceeding Type: New Business Subject: Council and Board Procedures Ordinance Legislative History: •First Presentation: May 11, 2021 •Second Presentation: •Action: First Presentation Overview The Council has the authority to adopt home rules to assist in the consistent, efficient, and transparent process to carry out their role as an elected official. The first Rules of Governance were adopted on March 8, 2016, and then amended twice shortly thereafter to include the membership of appointed Boards & Commissions. The new draft represents standards for Moses Lake’s government practices in a single document. It is a comprehensive collection of state regulations, local meeting rules, coordinated procedures, administrative references, and public hearing procedures related to the Council/Manager form of local government. Fiscal and Policy Implications Having rules in place that the Council, Boards, and Commissions follow also sets a good example for staff to follow the employee policies which bears an impact on the ability to manage and retain staff. Council Packet Attachments A. Draft Ordinance Finance Committee Review N-A Moses Lake Council Packet 5-11-21, Page 18 of 120 Page 2 of 2 Legal Review Type of Document Title of Document Date Reviewed Ordinance Rules of Governance April 13, 2021 Options: Option Results •Adopt Ordinance as presented The new rules will be codified and easily accessible to Council, staff, and citizens. •Provide staff with changes Staff will update the draft document to be presented for adoption at a future meeting. •Take no action The existing Code and Rules of Governance will remain in place. Action Requested Staff recommends City Council adopt the Ordinance establishing the new Rules of Governance as presented at the next Council Meeting. Moses Lake Council Packet 5-11-21, Page 19 of 120 ORDINANCE NO. – First Presentation AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE TO ADOPT NEW RULES FOR MEETING PROCEDURES. Recitals: 1. The City Council adopted Resolutions 3597, 3602, and 3605 formulating meeting rules. 2. Staff have researched other models used and present a new codified version of the rules. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Prior rules adopted by Council resolution are repealed. Section 2. MLMC Section 2.36 has been incorporated to the new Code and is repealed in its entirety. Section 3. MLMC Section 2.92 has been incorporated to the new Code and is repealed in its entirety. Section 4. MLMC Section 2.08 is repealed and replaced with the attached Rules of Governance. Section 5. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on May 25, 2021. _____________________________________ David Curnel, Mayor ATTEST: _________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 5-11-21, Page 20 of 120 APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins Aye Nay Abstain Absent Date Published: June 1, 2021 Date Effective: June 6, 2021 Moses Lake Council Packet 5-11-21, Page 21 of 120 Ordinance xxxx, Exhibit A- DRAFT May 4, 2021 City Council, Boards, Commissions, Committees Rules of Governance Sections: Article I. Council Procedures 2.08.010 Purpose of this Article. 2.08.020 Council Representation. 2.08.030 Meeting Dates and Times. 2.08.040 Agenda Preparation. 2.08.050 Meeting Agenda. 2.08.060 Proclamations. 2.08.070 Public Hearings. 2.08.080 Executive Sessions. 2.08.085 Closed Sessions. 2.08.090 Study Sessions and Workshops. 2.08.100 Other Special Meetings. 2.08.110 Broadcasting. 2.08.120 Recording Proceedings. 2.08.130 Meeting Attendance. 2.08.140 Council Seating. 2.08.150 Quorum. 2.08.160 Presiding Officer. 2.08.170 Council Discussion. 2.08.180 Voting. 2.08.190 Council Vacancy. Article II. Interaction between City Council, City Manager, and City Staff 2.08.400 Purpose of this Article. 2.08.410 Respect. 2.08.420 Roles. 2.08.430 Requested Written Material. 2.08.440 Personnel Selection. 2.08.450 City Department Noninterference. 2.08.460 Mail Delivery. 2.08.470 Confidential Mail. 2.08.480 Individual Council Member Directed Actions. 2.08.490 Council Member Requests for Information. 2.08.500 Staff Assistance for Council Members. Article III. Council Committees 2.08.600 Definition and Scope of Council Standing Committees. 2.08.610 Committee Attendance. 2.08.620 Composition of the Council Committees. 2.08.630 Council Committee Meeting Schedules. 2.08.640 Ad Hoc Council Committees Moses Lake Council Packet 5-11-21, Page 22 of 120   Page 2 of 20    Article IV. Advisory Bodies 2.08.700 Purpose of this Article. 2.08.710 Citizen Advisory Boards and Commissions Created. 2.08.720 Authority and Intent – Governing Law. 2.08.730 Non-Discrimination – Compensation. 2.08.740 Appointment and Confirmation Process. 2.08.750 Reappointment. 2.08.760 Vacancy or Removal. 2.08.770 Chair and Vice Chair. 2.08.780 Meetings, Reports and Attendance. 2.08.790 Quorum. 2.08.800 Lodging Tax Advisory Committee Specific Requirements. 2.08.810 Parks, Recreation, and Cultural Services Advisory Board Specific Requirements. 2.08.820 Planning Commission Specific Requirements. 2.08.830 Municipal Airport Advisory Board Specific Requirements. 2.08.840 Council Concerns About Recommendations. 2.08.850 Removal of Members. 2.08.860 Committee Operations and Records. 2.08.870 Lobbying Efforts Consistent with City Policy. Article V. Conflicts and Violations 2.08.900 Conflicts. 2.08.910 Violation. Article I. Council Procedures 2.08.010 Purpose of this Article: The purpose of this part is to establish formal procedures for the conduct for Council meetings. 2.08.020 Council Representation: A. Council will accept nominations and elect the positions of Mayor and Deputy Mayor at the first meeting of even numbered years. Where one position becomes vacant, the remaining members of the governing body shall appoint another Council Member to the vacant position. (RCW 42.12.070) B. The Mayor shall have no regular administrative duties, but in time of public danger or emergency, if so authorized by the City Council, shall take command of the police, maintain law, and enforce order. C. All Council Members shall represent the City and their position in an appropriate manner. That includes social media, photos, dress, and language. If a Council Member appears on behalf of the City before another governmental agency, another organization, through the media or otherwise, and speaks to an issue on which the Council has taken a position, the Council Member will state the majority position of the Council, if known, on such issue. Personal opinions and comments which differ from the Council majority may be expressed if the Council Member clearly states that these statements do not represent the Council’s position. Any correspondence with the media shall be communicated to all members of the Council and City Manager. Moses Lake Council Packet 5-11-21, Page 23 of 120   Page 3 of 20    D. Operating as a Council-Manager form of government, the City Manager is tasked with carrying out the policy direction and work of the City Council through the direction of the department directors. Council Members may access department directors when there is a question about a project or more in-depth information is needed on a topic, however, the direction of work should come through the City Manager. (RCW 35A.13.120) 2.08.030 Meeting Dates and Times: A. Regular City Council meetings are held on the second and fourth Tuesdays of each month in the City Council Chambers on the first floor of the Civic Center at 401 S. Balsam St., Moses Lake, Washington. Regular meetings start at 7:00 p.m. Meetings will be held in-person unless otherwise noticed on the agenda. B. No Council meeting should be permitted to continue beyond 10:00 p.m. without approval of a majority of the Council Members. A new time limit must be established before extending the meeting. In the event that a meeting has not been closed or continued by Council, the items not acted on shall be deferred to the next Council meeting, unless the Council determines otherwise. C. In the event a City-recognized holiday falls on the second Tuesday, the Council meeting shall be moved to the following day. The City Council may, at any time, add or change a meeting date and time by a majority vote of the Council and proper notification pursuant to RCW 42.30.080. D. In the event of emergency, such as a fire, threatened violence, or inability to maintain order, the Mayor shall declare the meeting adjourned or continued and the Council Members shall immediately leave the meeting area. E. A regular meeting may be canceled by a majority vote of the City Council at the previous meeting before said meeting. 2.02.040 Agenda Preparation: A. General Information. The City Clerk will prepare an agenda for each Council meeting specifying the time and place of the meeting, and set forth a brief general description of each item to be considered by the Council. B. Adding an Item to a Published Agenda. An item may not be placed on a regular Council meeting agenda after the agenda is closed and a notice published, except as authorized by the City Manager or City Council. C. Agenda Finalization Schedule. Agenda materials will be available online on the Friday prior to the meeting. Agenda items are due by 4:00 p.m. the day before packet is distributed. Agenda items submitted after the agenda is published will be processed for the next Council meeting packet. 2.08.050 Meeting Agenda: An item may be placed on a Council meeting agenda, in advance of posting an agenda, by any of the following method by: majority vote of the Council; Council consensus; any three (3) Council Members; the City Manager; a Council Committee; or the Mayor. Moses Lake Council Packet 5-11-21, Page 24 of 120 Page 4 of 20  The business of all regular meetings of the Council shall be transacted as follows: provided, however, that the Mayor/Deputy Mayor may, during a Council meeting, rearrange items on the agenda to conduct the business before the Council more expeditiously. A.Call to Order by the Mayor B.Roll Call C.Pledge of Allegiance D.Approve the Agenda E.Presentation F.Summary Reports: Mayor, Council, and City Manager G.Citizen Comment H.Public Hearing I.Consent Agenda J.Old Business K.New Business L.Administrative Reports M.Council Communications N.Executive Session O.Adjournment P.Next Scheduled Meeting Day, Date, and Time 2.08.060 Proclamations: A.A proclamation is defined as an official announcement made by either the City Council or the Mayor. Council proclamations are defined as those non-controversial events which have a major Citywide impact. Council proclamations shall be publicly read at a Council meeting, and whenever possible, presented to a representative of the event during the Council meeting. B.Mayor's proclamations are defined as those non-controversial events which are requested by a special interest group. Mayor's proclamations are signed by the Mayor and forwarded to a representative of the event or special interest group. C.The Mayor and City Manager shall determine if a proclamation request is for a Council proclamation or a Mayor's proclamation. D.Controversy is defined as a dispute, especially a lengthy and public one, between sides holding opposing views. E.Special presentations include, but are not limited to, retirements, commendations and recognition by the Mayor and City Council. Moses Lake Council Packet 5-11-21, Page 25 of 120   Page 5 of 20    2.08.070 Public Hearings: Prior to the start of the Public Hearing, the Mayor may require that all persons wishing to be heard sign in with the City Clerk, giving their names, addresses, the agenda item, and whether they wish to speak proponent, opponent, or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so and if time to speak is allowed by Council. At any public hearing, persons who have signed in and wish to be heard shall be given an opportunity to be heard. Individual speaker time is limited to a maximum of three minutes. However, the Mayor shall be authorized to allow additional time if needed or if one speaker represents multiple individuals and still maintain control of the presentations. The Mayor may change the order of speakers so that testimony is heard in the most logical groupings (i.e., proponents, opponents, adjacent owners, vested interests, etc.). The Mayor may reduce the amount of time permitted for each speaker if the number of speakers requires a reduction in time. The public hearing is a formal opportunity for citizens to give their views for consideration in the legislative or policy decision-making process. In addition, public hearings are required on quasi-judicial actions which determine the legal rights, duties or privileges of specific parties. The following procedures shall be adhered to during the hearing. A. Legislative and information gathering: 1. The Mayor will open the public hearing and read the rules governing public testimony. 2. Staff will make their presentation. 3. The Mayor will ask if there are any questions from Council for staff. 4. The Mayor will open the hearing for public comments. 5. All comments by the public shall be made in an audible format, and any individual making comments shall first give his/her name and address. Anyone making “out of order” comments shall be subject to removal from the meeting. There will be no demonstrations, applause or other audience participation during or at the conclusion of anyone’s presentation. The Council is not allowed to acknowledge such expressions. 6. The Mayor will close the public hearing. 7. The Mayor will invite any additional comments from staff. 8. The Mayor will ask if Council has additional questions of staff. 9. Council discussion will ensue. 10. Council action will be taken. B. Quasi-Judicial Closed Record Proceedings or Appeals: 1. The Mayor will open the closed record proceeding or appeal. 2. The Mayor, (or the Deputy Mayor if this is a case of a potential conflict of interest violation by the Mayor) will ask if any Council Member knows of any reason which would require such Member to excuse themselves pursuant to the Appearance of Fairness Doctrine. 3. Staff will make their presentation. 4. Proponent presentation will be made (15 minutes). Moses Lake Council Packet 5-11-21, Page 26 of 120   Page 6 of 20    5. Opponent presentation will be made (15 minutes). 6. Proponent rebuttal will be heard. 7. Staff comments will be made. 8. The Mayor will close the closed record proceeding or appeal. 9. Council discussion will ensue. 10. Council action will be taken. C. The following rules shall be observed for Legislative/Information Gathering Public Hearings: 1. For an initial presentation of background information from a City department, board, commission, committee, or an organization, no more than 20 minutes will be allowed unless otherwise authorized by the Mayor. 2. If a speaker purports to speak for an organization, club or others so as to lead Council to believe that a number of persons support a position, such person shall state how that position was developed by the group. 3. Comments should be limited to five minutes. 4. The Mayor may allow additional time for receipt of written testimony when needed. 5. The City Clerk shall be the official timekeeper. D. The following rules shall be observed for the Quasi-Judicial Hearing Body before which the Hearing was held: 1. When the City Council considers a quasi-judicial matter in a closed record proceeding or appeal, no new evidence may be presented except on matters related to the conflict of interest or appearance of fairness challenge to a Council Member. Oral argument shall be based solely on the record before the planning commission, hearing examiner, or other quasi- judicial hearing body before which the hearing was held. 2. If a quasi-judicial proceeding or appeal is on the agenda, the parties will be informed by the City Attorney as to what state law permits for comments. 3. Quasi-judicial hearings will be conducted in conformance to these procedures. 4. Presentations will be limited as set forth, except that the Mayor shall ask the rest of the Council Members if they have any comments or questions before the presenter is excused. For example, if there are matters that should be addressed to ensure a complete record of the proceedings. 5. If comments are provided in writing, it is encouraged that such comments be filed with the City Clerk by 3:00 p.m. on the day of the Council meeting. If written comments are given, the presenter should provide eleven copies for the Council and staff. Moses Lake Council Packet 5-11-21, Page 27 of 120   Page 7 of 20    2.08.080 Executive Sessions: An executive session is a Council meeting that is closed except to the Council, City Manager, and authorized staff members and/or consultants authorized by the City Council. The public is excluded from attendance. Executive sessions may be held during any Council meeting and will be announced by the Mayor. Before convening an executive session, the Council will make a motion to announce the purpose of the meeting, cite the related statute, and the anticipated time when the session will be concluded. Should the session require more time, a public announcement from the Mayor shall be made that the meeting is being extended. Executive sessions may be held in accordance with the provisions of the Washington State Open Public Meetings Act. (RCW 42.30.110) 2.08.085 Closed Sessions: Closed Sessions are exempt from the rules of the Open Public Meetings Act. (RCW 42.30.140) 2.08.090 Study Sessions and Workshops: During these meetings, items needing in-depth discussions are introduced and reviewed. It is not typical to take a formal action during a study session or workshop. The purpose of study session or workshop discussions is to allow Council Members to be made aware of impending business and allow informal discussion of issues that might be acted upon at a future meeting. These meetings are open to the public, but no public comment is taken during the discussion of a specific agenda item, unless there is a posted public hearing. Study sessions and workshops do not need a detailed agenda. The City Manager shall arrange the Council Study Session or Workshop topics for discussion. After the Mayor has approved the topics, an email meeting invite shall be prepared for the Council and effected City staff in advance of the meeting. 2.08.100 Special Meetings: At the discretion of the Council, special meetings can be held. A notice of the time, place and purpose of such special meeting will be posted pursuant to the requirements as set forth in RCW 42.30.080. The City Clerk shall coordinate special meetings of the City Council upon direction as stated for agenda items in Section 2.08.050. The agenda shall state the subject(s) to be considered at such special meeting and no other subject shall be acted upon at the meeting. Notice of every special meeting shall be given in writing to every Council Member, to the City Manager, to the City Attorney, and to all local news media representatives who have on file with the City Clerk a request for such notices. The notice shall be delivered personally, by phone, email, or as otherwise possible at least 24 hours before the meeting. The notice shall state the place and time of the meeting and the business to be conducted. The Council shall not make final disposition of any matter not included in the notice. 2.08.110 Broadcasting: Regular meetings may be streamed live on the internet with dial-in access for remote attendance of the Council, staff, or public as permitted by the City Council. Moses Lake Council Packet 5-11-21, Page 28 of 120   Page 8 of 20    2.08.120 Recording Proceedings: The City Clerk shall maintain an account of all proceedings of the Council in accordance with the statutory requirements, and proceedings shall be entered into a minute book constituting the official record of the Council. Council meeting minutes can be corrected but shall not be revised without a majority affirmative vote of the Council at a regularly scheduled Council meeting. 2.08.130 Meeting Attendance: A. City Council. Following roll call, the Mayor shall inform the Council of the member's absence, state the reason for such absence, and inquire if there is a motion to excuse the member. This motion shall be non-debatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused. 1. Council Members shall inform the Mayor or City Clerk if they are unable to attend any Council meeting, or if they will be late to any meeting. 2. If a Council Member has an unexcused absence due to an extraordinary circumstance which precluded the Council Member from the notification procedures as described within this article and their presence may have changed the outcome of an action, at the next meeting that the Council Member attends, the Council Member may request that the Council reconsider their previous motion. The Council Member must ask for reconsideration prior to the conclusion of the next meeting that they attend and state the reason for his or her absence or tardiness. The Council would then have the opportunity to rescind the original motion and the motion shall be debatable. 3. In the case of a Council Member’s extended excused absence or disability, a Pro Tem Council Member selected by a majority of the sitting Council shall be appointed to serve during the absence or disability. (RCW 35A.13.035) 4. A Council Member may forfeit his/her office by failing to attend three consecutive regular meetings without being excused by the Council. (RCW 35A.12.060) B. City Manager. The City Manager shall attend all meetings of the Council unless excused. At the discretion of the City Manager, department heads and other staff members shall attend. The City Manager may make recommendations to the Council and shall have the right to take part in the discussions of the Council, but shall have no vote. C. Department Directors. The Mayor, or any member of the City Council may, through the City Manager, request the attendance at any meeting of the City Council of any department head, officer, or employee of the City. D. Citizens and Media. 1. All public meetings of the City Council shall be open to citizens. 2. All public meetings shall be open to the media who may record by radio, television or photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of a meeting. 3. The Mayor has the authority to limit the number of speakers or otherwise exercise such control over the meeting to ensure citizen comments do not interfere or impede with the Council’s Moses Lake Council Packet 5-11-21, Page 29 of 120   Page 9 of 20    ability to conduct its business. Public communications will not be permitted on pending quasi- judicial matters which will come before the Council later in the same meeting or at a future meeting. 2.08.140 Council Seating: The Mayor will be seated in the middle of the dais facing the public, the Deputy Mayor to the right, and the City Clerk to the left. The remaining Council Members will be seated by Council position number from right to left. Special setup may occur for special meetings that will be determined by the City Manager. 2.08.150 Quorum: At all meetings of the Council, a majority of the Council (four members, or five members for budget items and appropriations) constitutes a quorum for the transaction of business, but a lesser number may adjourn from day to day or until the time of the next regular meeting and may compel the attendance of absent members in such a manner and under such penalties as the City Council shall prescribe. 2.08.160 Presiding Officer: A. The Presiding Officer at all meetings of the Council is the Mayor, and in the absence of the Mayor, the Deputy Mayor will act in that capacity. If both the Mayor and Deputy Mayor are absent, the next ranking member by tenure shall act in that capacity. The Presiding Officer shall: 1. Preserve order and decorum in the Council Chambers; 2. Observe and enforce all rules adopted by the Council; 3. Decide all questions on order, in accordance with these rules, subject to appeal by any Council Member; 4. Recognize all questions on order, in accordance with these rules, Council Members in the order in which they request the floor, giving every Council Member who wishes as opportunity to speak. The Presiding Officer, as a Council Member, shall have only those rights, and shall be governed in all matters and issues by the same rules and restrictions as other Council Members; and 5. From time to time, appoint Council Members to serve on ad hoc committees. 2.08.170 Council Discussion: A. Robert’s Rules. All Council discussion shall be governed by Robert’s Rules of Order, Newly Revised. The City Attorney is the parliamentarian. Every Council Member shall be provided with a copy of Robert’s Rules of Order, Newly Revised, or a comparable publication when first joining the Council. B. Questions of Order. The Mayor or presiding officer has the authority to rule on questions of order. If the Mayor rules a Council Member’s comments to be out of order (not germane, or otherwise), the Council Member may explain why he or she believes the comments are not out of order. The Mayor/presiding officer will either rescind or confirm the ruling. If confirmed, the Council Member shall not continue comment in the manner ruled out of order. C. Appeal. If the Council Member questioning order or any other Council Member disagrees with the Mayor/presiding officer’s ruling, they can appeal the point of order. The question is then put to the Moses Lake Council Packet 5-11-21, Page 30 of 120   Page 10 of 20    Council to confirm or deny the Mayor/presiding officer’s ruling and whether the Council Member shall continue comment. 2.08.180 Voting: A. Majority Vote. All voting must take place at a public meeting with a quorum present either in- person or remotely. Passage of most ordinances requires an affirmative vote of the majority of the Council (4 votes). A super majority (5 affirmative votes) is required by several statutes related to emergencies and certain expenditures to name a few that can be found in RCW 35A, as well as RCW 84.55.0101 for excess property tax. Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice, except that at the request of any Council Member, a roll call vote shall be taken and recorded by the City Clerk. The order of the roll call vote shall be determined by the City Clerk. B. Tie Vote. The passage of a Motion, Resolution, or Ordinance is lost by a tie vote, provided that the question may be brought forward again at the request of any member at the same meeting or at the next meeting when any members who were absent or disqualified at the time of the tie vote are present. C. Votes on Questions. Each member present shall vote on all questions put to the City Council except on matters on which he or she has been disqualified for a conflict of interest or under the Appearance of Fairness Doctrine. Such member shall disqualify himself or herself prior to any discussion of the matter. If abstaining, the Council Member must state the reasons for abstaining, identifying one or more of the following: (1) an excused absence from the prior Council meeting and/or (2) a conflict of interest and/or (3) an Appearance of Fairness issue. A Council Member who abstains but fails to identify the absence, conflict of interest and/or Appearance of Fairness issue, will be considered to have voted for the majority's position in respect to questions before the Council and have their vote so recorded. When disqualification of a member or members results, or would result, in the inability of the Council to act on a matter on which it is required by law to take action, any member who is absent or who is disqualified under the Appearance of Fairness Doctrine may subsequently participate, provided such member first shall have reviewed all materials and listened to all recordings of the proceedings in which the member did not participate. D. Reconsideration. Any action of the Council, including final action on applications for legislative changes in land use status, shall be subject to a motion to reconsider except for: 1. Any action previously reconsidered, or 2. Motions to adjourn or motions to suspend the rules, or 3. An affirmative vote to lay an item on, or take an item from, the table, or 4. A vote electing to office one who is present and does not decline. Such motion for reconsideration can only be made by a member of the prevailing side on the original action and prior to the publication deadline. A motion to reconsider is debatable only if the action to be reconsidered is debatable. Upon passage of a motion to reconsider, the subject matter is returned to the table anew at the next regular Council meeting for any action the Council deems advisable. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five (5) business days advance notice of such discussion and/or action. Moses Lake Council Packet 5-11-21, Page 31 of 120   Page 11 of 20    E. Dissents and Protests. Any Council Member shall have the right to express dissent from or protest, orally or in writing, against any motion, ordinance or resolution of the Council and have the reason therefore entered or retained in the minutes. 2.08.190 Council Vacancy: If a vacancy occurs on the City Council, the Council will follow the procedures outlined in RCW 35A.13.020. In order to fill the vacancy with the most qualified person available until an election is held, the Council will publish a notice of the vacancy, the procedure, and distribute the application form for applying. The Council will draw up an application which contains relevant information, including questions posed by the Council. The application forms will be used in conjunction with an interview of each candidate to aid the Council’s selection of the new Council Member. A vacancy must be filled within 90 days per RCW 42.12.070 (4). The vacancy term is until the next general election results are final and will be for the unexpired term. Article II. Interaction between City Council, City Manager and City Staff 2.08.400 Purpose of this Article: The purpose of this article is to establish formal procedures for interaction between the City Council, City Manager and City staff. 2.08.410 Respect: There will be mutual respect from both City Manager/City staff and Council Members of their respective roles and responsibilities when, and if, expressing criticism in a public meeting. When feasible, questions should be asked of staff before the public meetings. 2.08.420 Roles: The City Manager/City staff will acknowledge the Council as policymakers, and the Council Members will acknowledge the City Manager/City staff as administering the Council’s policies. 2.08.430 Requested Written Material: Individual Council Members represent the Council as a whole. Council Members have a responsibility to bring controversial decisions back to the whole Council whenever possible. All written informational material requested by individual Council Members shall be distributed by City staff, after approval of the City Manager, to all Council Members with a notation indicating which Council Member requested the information. 2.08.440 Personnel Selection: Council Members should not attempt to coerce or influence City staff in the selection of personnel, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. 2.08.450 City Department Noninterference: Council should not attempt to interfere with the operating rules and practices of any City department. Moses Lake Council Packet 5-11-21, Page 32 of 120   Page 12 of 20    2.08.460 Mail Delivery: Mail that is addressed to the Mayor and Council Members should be date stamped, copied and circulated, including the envelope, by the assigned staff as soon as practical after it arrives. Mail will be placed in designated mail slots at the Civic Center for Council Members to pick up at their convenience. 2.08.470 Confidential Mail: Mail addressed to individual Council Members marked personal and/or confidential will not be opened by City staff. The outside of the envelope will be date stamped and the unopened mail will be placed in the appropriate Council Member’s mail slot at City Hall. 2.08.480 Individual Council Member Directed Actions: No Council Member should direct the City Manager to initiate any action or prepare any report that is significant in nature or initiate any project or study without the consent of a majority of the Council. 2.08.490 Council Member Requests for Information: Individual requests for information can be made directly to the department director, unless otherwise determined by the City Manager. If the request would create a change in work assignments or City staffing levels, the request must be made through the City Manager. 2.08.500 Staff assistance for Council Members: Council Members needing staff assistance should work through the City Manager. Article III. Council Committees 2.08.600 Definition and Scope of Council Standing Committees. The purpose of the standing committees is purely advisory to review certain items for a deeper discussion prior to presenting for decisions by the full Council. The City Manager will coordinate monthly meeting dates and times, and other staff needing to attend. There shall be three standing committees of the Council and the scope of their duties are described as follows. A. Finance Committee. The committee exists for the purpose of reviewing matters about investments, taxes, fees, revenue development, expenditures, as well as fiscal planning and policies. Budget amendments shall be reviewed by the Finance Committee and then scheduled for presentation to the full Council. B. Public Safety Committee (PSC). The committee exists for the purpose of considering matters that fall under the police and fire departments, or other matters that are public safety in nature including code enforcement issues, provision of indigent defense/jail, dispatch services, etc. C. Community Development/Municipal Services/Parks Committee (CMP). The committee exists for the purpose of considering matters that fall under infrastructure development and public services, including but not limited to: land use planning, economic development project, streets, stormwater, water, sewer, parks, recreation, cultural programs, annexation, and other development regulations. Moses Lake Council Packet 5-11-21, Page 33 of 120 Page 13 of 20  2.08.610 Committee Attendance. Council committee members are to notify the City Manager’s Office of planned absences at least 24 hours in advance of a meeting. 2.08.620 Composition of the Council Committees. Each Council committee shall consist of two or three members appointed by the Mayor and City Manager with confirmation by the Council. Changes from elections or vacancies will be filled at the next regular meeting possible. 2.08.630 Council Committee Meeting Schedules. The days and times of all committees shall be determined by a consensus of Council and Manager and may be amended as necessary or on a temporary basis by a consensus of the Committee. 2.08.640 Ad Hoc Council Committees. From time to time, the Council may appoint special Council or citizen committees to accomplish specific tasks of limited duration. Committee members shall be appointed by the City Manager and the Mayor with confirmation of the Council. Article IV. Advisory Bodies 2.08.700 Purpose of this Article: A.Participation. The City of Moses Lake’s commissions, boards, and committees provide an invaluable service to the City. Their advice on a wide variety of subjects aids the Mayor and Council Members in the decision-making process. Effective citizen participation is an invaluable tool for local government. The City Council may assign duties to advisory bodies that are consistent with their oversight. For example, Planning Commission may have a Historic Preservation Board or Design Review Commission and the Parks, Recreation and Cultural Services Advisory Board may have Tree City oversight or Arts Commission. B.Purpose. The City of Moses Lake advisory bodies may be acting on a delegation of regulatory duties, to collect the viewpoints of citizens and stakeholders, and to send their advice of such to the City Council. C.Persons of wide-ranging interests who want to participate in public service but not compete for public office can be involved in governmental commissions, boards, and committees. D.Rules. The adoption of uniform rules of procedure is necessary to assure maximum productivity and fairness. The following governs the City’s advisory groups; some of these advisory groups may have more specific guidelines set forth by ordinance or resolution, or at times by state law. 2.08.710 Citizen Advisory Boards and Commissions Created: A.Definitions. For purposes of this article, the following terms have the meanings set forth below: 1.“Ad Hoc Committee” means a body appointed by the Council to help competing interests come up with a solution that benefits the entire community, provide a forum for voicing concerns, increase community input, discuss alternative solutions and build public Moses Lake Council Packet 5-11-21, Page 34 of 120 Page 14 of 20  consensus over controversial issues before the City Council makes a decision. An Ad Hoc Committee will cease to exist upon completion of its charge as given by the Council. 2.“Board” means a body established by state statute or city ordinance to study and recommend action to the City Council. Boards are advisory to Council and the work program is delegated by Resolution to the Board. 3.“Commission” means a body established by state statute to act in a quasi-judicial capacity. With the exception of the Civil Service Commission, some actions of Commissioners are appealed directly to City Council or Hearing Examiner. B.There is established and created the following advisory boards and commissions of the City: 1.Lodging Tax Advisory Committee RCW 67.28; 2.Parks, Recreation, & Cultural Services Advisory Board; 3.Planning Commission - RCW 35.63; 4.Municipal Airport Advisory Board - RCW 14.08; 5.Civil Service Commission for Police and Fire – RCW 41.08, MLMC 2.76 and RCW 41.12, MLMC 2.80; 6.LEOFF 1 Disability Board for Police and Fire – RCW 41.26; and 7.Firefighter’s Pension Board – Chapter 41.16 RCW. C.Elected officials of the City shall not serve or be appointed to serve on the follow advisory boards or commissions: Parks, Recreation, & Cultural Services Advisory Board, Planning Commission, and Municipal Airport Advisory Board. 2.08.720 Authority and Intent – Governing Law. The City Council of the City of Moses Lake is specifically empowered by state law, City code, and ordinance to fill by appointment all boards and commissions established by such state law, code or ordinance, or such other advisory boards or commissions as the Council deems necessary or advisable. In the exercise of this power, it is the desire of the City Council to establish a consistent policy in its decision- making role to fairly select citizens of the community to serve effectively on boards or commissions. To this end, this article has been created, and it shall remain in effect until such time as the City Council desire to amend or modify it in part or revoke it in whole. The intent of this chapter is to provide a single source for all citizen advisory boards and commissions of the City of Moses Lake, by addressing those requirements that should be considered for all advisory boards and commissions and creating a template from which to base the creation of all future citizen advisory boards and commissions. The Revised Code of Washington (RCW) provides for specific requirements with respect to certain municipal boards and commissions, great lengths have been taken to ensure that this chapter complies with the RCW; however, where a conflict exists between this chapter and the RCW, the RCW prevails. 2.08.730 Nondiscrimination – Compensation: Moses Lake Council Packet 5-11-21, Page 35 of 120 Page 15 of 20  No person shall be ineligible as a member of a citizen advisory board or commission by reason of race, color, religion, creed, sex, age, marital status, national origin, physical disability, political affiliation, veteran status, or any other class of individuals protected from discrimination under state or federal law. All members of citizen advisory boards and commissions shall serve without compensation; provided, however, that reimbursement of actual training expenses may be authorized by the City Council. 2.08.740 Appointments and Confirmation Process: Upon notice of a citizen advisory board or commission vacancy, the Mayor will direct the City Manager, or designee, to publish notice of the vacancy on the City’s website for the full or unexpired portion of the term. A minimum of ten (10) days shall be provided to citizens to complete the application form provided for the open position. Unless otherwise provided, the Mayor shall appoint all members of boards and commissions in this chapter; provided, that those appointments shall be recommended by staff of the Advisory Board and be subject to confirmation by a majority vote of the City Council. 2.08.750 Reappointments: A.Notification and Evaluation. Incumbents who wish to be reappointed shall notify the City Clerk’s office within 90 days prior to the expiration of their term. There is no vested right to reappointment for any position. An incumbent seeking reappointment will be evaluated by the appropriate Chair and City staff. The evaluation and their recommendation shall be given to the Mayor. The evaluation of the candidate shall be based on the following performance criteria: 1. Regularity of attendance; 2. Understanding of committee or commission function; 3. Effectiveness; 4. Demonstrated contribution during past term of office on issues, programs, City policies, and signed Board Responsibilities for the advisory board, committee, or commission; and 5. Term limits as defined by statute, ordinance, or resolution creating the advisory board, committee, or commission. 2.08.760 Vacancy or Removal: A position will be automatically vacant when a member of a citizen advisory board or commission has: A.an unexcused absence from any three (3) consecutive meetings as described in Section 2.08.780; B.submitted written resignation to the City Clerk; C.mortally passed; or D.been removed by recommendation of the Mayor with confirmation from the Council. Moses Lake Council Packet 5-11-21, Page 36 of 120   Page 16 of 20    2.08.770 Chair and Vice Chair: A. Unless otherwise provided, each advisory board or commission shall elect a Chair and Vice Chair from their numbers whose terms shall run for one year, from the first meeting of the year until a new Chair and Vice Chair are appointed in the subsequent year. The Chair shall act as the presiding officer over the meeting and coordinate with staff in respect to attendance of members, vacancies and other items of concern. B. The Chair may move, second, and debate from the chair, subject only to such limitations of debate as are imposed on all members, and shall not be deprived of any of the rights and privileges of a member of the board or commission by reason of their acting as the presiding officer. C. For the purposes of this chapter, any duties or responsibilities designated to the Chair shall transfer to the Vice Chair in their absence. In the event that both the Chair and Vice Chair are absent from a meeting, the members of any citizen advisory board or commission may elect a Chair Pro Tem from their numbers who shall be empowered to carry out said duties and responsibilities for that meeting. 2.08.780 Meetings, Reports, and Attendance: All meetings of citizen advisory boards and commissions shall be properly noticed and open to the public in accordance with the Washington State Open Public Meetings Act (Chapter 42.30 RCW). All actions taken by a citizen advisory board or commission, including minutes of all meetings shall be filed with the City’s Public Records Officer and are subject to review by the public in accordance with the Washington State Public Records Act (Chapter 42.56 RCW). Unless otherwise provided, all citizen advisory boards and commissions shall meet at least once per calendar quarter or at any time that the Chair, majority of members thereof, or the City Council shall decide; provided, that any such meeting shall be properly noticed in accordance with other provisions in this chapter. All citizen advisory boards and commissions shall provide a report to the City Council at least once per calendar year. Roll call will be taken at the start of all citizen advisory boards and commissions meetings. Members shall notify the Chair prior to the meeting and state the reason for his/her inability to attend the meeting. If the member is unable to contact the Chair, the member shall contact the assigned staff Department Director or Secretary, who shall convey the message to the Chair. Following the roll call, the Chair shall announce if a reason was received for a member’s absence, state the reason for such absence, and inquire if there is a motion to excuse the member. The motion shall be non-debatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the Secretary will make the appropriate notation in the minutes. Any absence that is not excused by motion and passed, shall be deemed unexcused and no further action is required at that meeting. The Secretary of the citizen advisory board or commission will report all unexcused absences to the City Clerk. 2.08.790 Quorum: A majority of a citizen advisory board or commission shall constitute a quorum for the transaction of business. Any action taken by the majority of those present at any regular or special meeting is deemed and taken as the action of the advisory board or commission. Moses Lake Council Packet 5-11-21, Page 37 of 120 Page 17 of 20  2.08.800 Lodging Tax Advisory Committee Specific Requirements: A.Committee - Established: There is created a Lodging Tax Advisory Committee, consisting of five (5) members. Members shall be appointed for a one (1) year term. The Council will review the membership on an annual basis and make changes as appropriate. B.Membership - Eligibility: One (1) member shall be an elected official of the City who shall serve as chair, two (2) members shall be representatives of businesses required to collect the lodging tax, and two (2) members shall be persons involved in activities authorized to be funded by revenue received from the lodging tax. C.Meetings: The Lodging Tax Advisory Committee shall devote such time as may be necessary to properly discharge all duties devolving upon them. The Committee shall meet as often as is necessary to conduct business but shall hold a meeting at least once a year. D.Duties of Council to Committee: The Committee is entrusted with the responsibilities of advising and making recommendations concerning the collection and use of lodging taxes. The City shall submit any proposal that will impose a tax under Chapter 67.28, RCW. The City Council shall submit to the Lodging Tax Advisory Committee, for its review and comment, proposals on: 1. The imposition of a tax under SSB 5867. 2. Any increase in the rate of such a tax. 3. Repeal of an exemption from such a tax. 4. A change in the use of the revenue received from such a tax. E.Duties of Committee: The Committee shall provide a report and analysis to the City Council on the extent to which any proposal will accommodate activities for tourists or increase tourism, and the extent to which any proposal will affect the long-range stability of the special fund created for the lodging tax revenues. 2.08.810 Parks, Recreation, & Cultural Services Advisory Board Specific Requirements: A.Commission - Established: There is created a Park, Recreation & Cultural Services Advisory Board for the city, consisting of seven (7) members. Each member shall be appointed for a term of four (4) years. B.Membership - Eligibility: At least five (5) members shall reside within the corporate limits of the City and up to two (2) members shall reside in the City’s urban growth area outside the corporate limits of the City. C.Meetings: The Park Board shall devote such time as may be necessary to properly discharge all duties devolving upon them. Four (4) affirmative votes shall be necessary to carry any proposition. A meeting of the Park Board shall be held at least once each month. D.Functions and Duties: 1. The Park Board generally shall serve in an advisory capacity to the City Council, City Manager, and Park, Recreation & Cultural Services Director concerning formulation of policy and plans for development, management, and operation of the City parks and recreation program. 2. Advise and assist the City Council, City Manager, and Parks, Recreation & Cultural Services Director in specific areas including but not limited to, the following: Moses Lake Council Packet 5-11-21, Page 38 of 120 Page 18 of 20  a. Promoting parks, recreation and cultural services, programs to the community; b. Setting standards for park maintenance; c. Coordinating museum exhibits and activities; d. Setting goals for short-term and long-term future of the City’s museum and park system; e. Serving as citizens’ input concerning parks, recreation and cultural services, generally; f. Monitoring and evaluating the park system and museum activities. 2.08.820 Planning Commission Specific Requirements: A.Commission - Established: The Planning Commission of the City shall consist of five (5) members. Each member shall be appointed for a term of four (4) years. The terms shall be staggered so that no more than three terms expire in a single year. B.Membership - Eligibility: The Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City. At least three (3) members shall reside within the City limits, one (1) member may be a business owner who resides outside of the city limits, but who owned and operated a business within the city limits for at least one year before appointment to the planning commission and continues to own a business in Moses Lake during the appointment, and one (1) member may reside within a one-mile radius of the City limits during the appointment. C.Meetings: The Planning Commission shall devote such time as may be necessary to properly discharge all duties devolving upon them. Regular Planning Commission Meetings are held on the Thursday following the 2nd Tuesday of the month Regular Council Meeting. D.Powers and Authority: The Planning Commission shall have all of the powers and perform each and all of the duties specified by RCW Chapter 35A.63, together with any other duties or authority which may hereafter be conferred upon them by the laws of the state, the performance of such duties and the exercise of such authority to be subject to such and all the limitations expressed in each legislative enactment or enactments, unless otherwise delegated by City Council, e.g.,. Hearings Examiner. E.Function and Duties: Recommendations on Proposed Legislation. The City Council may refer to the Commission, for its recommendation and report, any ordinance, resolution, or other proposal relating to any of the matters and subjects referred to in RCW Chapter 35A.63, and the Commission shall promptly report to the City Council thereon, making such recommendation and giving such counsel as it may deem proper in the premises. 2.08.830 Municipal Airport Advisory Board Specific Requirements: A.Board - Established: The Municipal Airport Advisory Board for the City is created and shall consist of five (5) members. With the establishment of the Board, three (3) members were appointed to four (4) year terms and two (2) members were appointed to three (3) year terms. Thereafter, each member shall be appointed to serve a four (4) year term. B.Membership - Eligibility: All members shall either rent property from the City at the Moses Lake Municipal Airport, or be associated with a business or operation which rents property from the City Moses Lake Council Packet 5-11-21, Page 39 of 120   Page 19 of 20    at the Moses Lake Municipal Airport. A minimum of two (2) members shall be citizens who reside within the corporate limits of the City. C. Meetings: The Board shall devote such time as may be necessary to properly discharge all duties devolving upon them. Minutes of all meetings shall be filed with the City Clerk. A meeting of the Board shall be held at least once each month. D. Duties of Board: The Board shall provide representatives to work on committees related to airport development planning as needed, including, but not limited to, work on an airport business plan to identify operation and development strategies appropriate to provide sufficient revenues and appropriate uses to support airport operations. The Board shall advise the Municipal Services Director, or designee, as to the operation of the airport. The Board shall advise the Mayor and City Council, the City Manager and/or his/her designee regarding the following matters relative to the operation of the Moses Lake Municipal Airport: 1. Construction, enlargement, improvement, maintenance, equipment, and operation of the Moses Lake Municipal Airport facilities; 2. Development of a project list and recommendations on the capital needs for the municipal airport; 3. Developing comprehensive and long-range plans for airport development and financing; 4. Adoption and amendment of rules and regulations for the operation and use of the Moses Lake Municipal Airport facilities; 5. Determination of charges or rentals for the use or leasing of any properties owned or under the control of the Moses Lake Municipal Airport and regarding the charges for any services of facilities and the terms and conditions related to the same; 6. Promoting and fostering the development of the Moses Lake Municipal Airport for the benefit of the citizens of the City; and 7. Maintaining liaison with other governmental bodies regarding municipal airport operations and financing. 2.08.840 Council Concerns About Recommendations: Council Member concern(s) of a recommended appointment from the advisory board or commission staff should be addressed with the Mayor in advance of the meeting. 2.08.850 Removal of Members: Members may be removed from any advisory committee prior to the expiration of their term of office by a minimum of four affirmative votes of the City Council based on reported violations to the Rules of Conduct for Board and Commissioner Members. Moses Lake Council Packet 5-11-21, Page 40 of 120   Page 20 of 20    2.08.860 Committee Operations and Records: A. The City Clerk will forward applications to Human Resources to establish the volunteer personnel file. B. The City Council expects new members will be oriented to the roles and responsibilities of their appointment by the staff of the associated department. C. Staff of the associated department will track training of its members in accordance to the Open Public Meetings Act. Certificates of completion will be forwarded to Human Resources. 2.08.870 Lobbying Efforts Consistent with City Policy: Lobbying efforts by any advisory bodies on legislative or political matters should first be checked for consistency with existing City policy by contacting the City Manager’s office. In the event a position is taken that differs from that of the City’s policy, an advisory body acting as an official body of the City of Moses Lake cannot represent that position before another body, i.e., the State Legislature or the Grant County Commissioners. An individual member is free to voice a position, oral or written, on any issue as long as it is made clear that he or she is not speaking as a representative of the City of Moses Lake, or as a member of his or her commission, committee or task force. Article V. Conflicts and Violations 2.08.900 Conflicts. In the event that any provision of this chapter conflicts with any other provision of the Moses Lake Municipal Code or any other ordinance or resolution of the City, the provisions of this chapter shall control. 2.08.910 Violations. The provisions of this chapter have been codified for the sole purpose of providing transparency as to the manner in which the City Council will conduct its business and for no other purpose. The provisions of this chapter are enforceable by the City Council only and are not enforceable by any other person. No third party is entitled to be a beneficiary of these rules and procedures. Violations of this chapter are not considered criminal or civil infractions and are subject only to such sanctions as the City Council may impose in its discretion under applicable law. Moses Lake Council Packet 5-11-21, Page 41 of 120 Page 1 of 1 STAFF REPORT To: Mayor and City Council From: Allison Williams, City Manager Date: May 3, 2021 Proceeding Type: New Business Subject: Continuity of Operations Plan Resolution Legislative History: • First Presentation: May 11, 2021 • Second Presentation: • Action: Motion Overview The ability of a jurisdiction to maintain delivery of essential functions to the community during and following an emergency or disaster is critical to the protection of life, property, and the environment. The Continuity of Operations Plan (COOP) guides a holistic approach to service delivery, decision- making, and resource management to facilitate the ability for a continuity of essential services from City staff for the community and businesses of the City of Moses Lake. The first planned update to the ‘living’ document will be the addition of the new Larson Recreation Center to the alternate facilities in the event something occurred at the Civic Center Complex. Fiscal and Policy Implications Having an approved plan in place that can be used as a guide for staff to do hands on exercises will lower liability risks and ensure a smoother process during an actual event. Council Packet Attachment – Draft Resolution Finance Committee Review N-A Legal Review N-A Options: Option Results • Adopt Resolution as presented The COOP will be distributed to staff. • Provide staff with changes Staff will update the draft document to be presented for adoption at a future meeting. • Take no action There will be no policy for COOP. Action Requested Staff recommends City Council adopt the Resolution initiating the Continuity of Operations Plan as presented. Moses Lake Council Packet 5-11-21, Page 42 of 120 RESOLUTION NO. 3853 A RESOLUTION OF THE CITY OF MOSES LAKE WASHINGTON, ADOPTING THE CONTINUTE OF OPERATIONS PLAN (COOP). Recitals: 1.The ability of a jurisdiction to maintain delivery of essential functions to the communityduring and following an emergency or disaster is critical to the protection of life,property, and the environment. 2.The COOP takes an integrated approach to service delivery, decision making, and resource management to facility the City’s ability to best serve the Moses Lakecommunity during and following an emergency. 3. The Plan is a living document and will be updated as needed over time. Resolved: 1. The City Council hereby adopts the Continuity of Operations Plan attached hereto asExhibit A for the City of Moses Lake. 2. The City Manager is hereby authorized and directed to take whatever steps are necessaryto help ensure there is staff training to successfully implement the Plan. ADOPTED by the City Council on May 11, 2021. ________________________________________ David Curnel, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 5-11-21, Page 43 of 120 City of Moses Lake Continuity of Government and Operations Plan Resolution xxxx DRAFT May 11, 2021 Moses Lake Council Packet 5-11-21, Page 44 of 120 2 Table of Contents EXECUTIVE SUMMARY .......................................................................................................... 3 PURPOSE .................................................................................................................................... 4 AUTHORITIES AND REFERENCE ......................................................................................... 4 SCOPE .......................................................................................................................................... 4 Part I. PLANNING AND PREPAREDNESS A. Police Team ..................................................................................................................... 5 B. Objectives ......................................................................................................................... 5 C. Assumptions ..................................................................................................................... 5 D. Scenarios, Decisions, and City Facilities.......................................................................... 6 E. Training ............................................................................................................................ 8 F. Record of Change ............................................................................................................ 9 Part II. CONCEPTS OF OPERATIONS A. Implementation ............................................................................................................... 10 B. Delegations of Authority ................................................................................................ 10 C. Operation Teams ............................................................................................................. 10 D. Essential Functions ......................................................................................................... 11 E. Public Meetings ............................................................................................................. 13 F. Vital Records Management ........................................................................................... 13 G. Employee Assistance Program ....................................................................................... 14 Part III. PHASES Initiation, Alternate Operations, Return to Operations .............................................................. 15 APPENDIX A: Grab-and-Go Kit Checklists ............................................................................. 16 APPENDIX B: Activation and Deactivation Checklists ........................................................... 20 APPENDIX C: COOP Comment Form ..................................................................................... 23 Moses Lake Council Packet 5-11-21, Page 45 of 120 3 EXECUTIVE SUMMARY To accomplish the City of Moses Lake’s mission, staff must ensure its operations are performed efficiently with minimal disruption, especially during an emergency. This document provides planning and program guidance for implementing the City of Moses Lake Continuity of Operations Plan to ensure the organization is capable to conduct its essential missions and functions under all threats and conditions. Key personnel who are relocated under this plan are collectively known as the Emergency Relocation Group. Upon Plan activation, these members may deploy to another City Facility or to the Grant County Emergency Operations Center. Continuity personnel must establish an operational capability and perform Essential Functions within 12 hours from the time of the activation of the Plan, for up to a 30-day period or until normal operations can be resumed. This Plan has been developed in accordance with guidance in Executive Order 12656, Assignment of Emergency Preparedness Responsibilities; National Security Presidential Directive 51/Homeland Security Presidential Directive 20, National Continuity Policy; Homeland Security Council, National Continuity Policy Implementation Plan; Federal Continuity Directive 1, Federal Executive Branch National Continuity Program and Requirements, October 2012; Statutory authority falls under Revised Code of Washington (RCW) 38.52, 42.14 and Washington Administrative Code (WAC) 118, City of Moses Lake Emergency Declaration/Inclement Weather Policy 2.24; and other related directives and guidance listed in Authorities and Reference Section. [electronic signature] Allison Williams City Manager Moses Lake Council Packet 5-11-21, Page 46 of 120 4 PURPOSE The purpose of this plan is to ensure the continuity of essential functions and critical operations performed by City government and the City departments during an incident or as quickly as possible following an incident. The objectives are: a. Reduce or mitigate disruptions to the continuous performance of the City’s essential services and operations during a disaster or major emergency. b. Reduce the loss of life and minimize property damage and losses. c. Protect critical infrastructure. d. Achieve a timely and orderly recovery from an emergency and resume full service to customers as quickly as possible. AUTHORITIES AND REFERENCE This Plan is developed to support and abide by City regulations: • Municipal Code Chapter 2.52 Division of Emergency Services • Human Resources Policy 2.24 Inclement Weather - Emergency Declaration • 2020 COVID-19 Pandemic Declaration of Emergency In addition, this Plan supports implementation of the following Washington State laws and regulations: • Chapter 38.52 RCW Emergency Management • Chapter 42.14 RCW Public Officers and Agencies • Chapter 42.30.070 and .080 RCW Open Public Meetings Act – Emergencies Exception and Special Meetings • Chapter 118-30 WAC Local Emergency Management/Services Organizations, Plans and Programs References that support the development of this Plan include: • Grant County Comprehensive Emergency Management Plan (CEMP) • Homeland Security Presidential Directive 20, National Continuity Policy • Presidential Policy Directive 40 • Presidential Policy Directive 51 • Federal Continuity Guidance Circular 1 • Federal Continuity Guidance Circular 2 • Other FEMA Designated Authorities SCOPE The City of Moses Lake Continuity of Government and Operations Plan (COG/COOP) provides guidance to City employees, enabling essential government responsibilities and department services and operations to continue when there is a disaster or emergency that severely impacts the City’s ability to operate as usual. This plan pulls from numerous resources to provide a handbook for City staff in case of an emergency, including a pandemic. Moses Lake Council Packet 5-11-21, Page 47 of 120 5 PART I. PLANNING AND PREPAREDNESS A. Policy Team This Team reviews policy and recommends amendments to be presented to the whole Council for adoption. This group is led by the City Manager and consists of Mayor, the Council Public Safety Committee of two Council Members, Department Directors, and technical experts as needed. B. Objectives • facilitate decision-making during COOP activities • reduce disruptions to essential functions • documents and order of succession of critical management positions • identify vital facilities, equipment, records, and other assets • guide an orderly transition to COOP activities and return to operations C. Assumptions Natural hazards, technological hazards, human-caused hazards and pandemics may threaten the functional capability of local government through the potential destruction of or harm to government personnel, facilities, critical systems, resources, and vital records. The extent of disaster damage and disruption is based on general assumptions, such as: a. Telephone landlines, cellular communications, and radio may be affected by the emergency. b. Some City services may be limited or suspended in order to concentrate on essential functions. c. Work may need to be done from other remote locations in the interim. d. Internet service and network access at an alternate site may take up to 72 hours. e. Local and other resources may not be immediately at a remote location. f. Roads, bridges and other transportation infrastructure damage may limit normal transportation, including the ability of employees to report to work. g. Alternate support of essential functions may extend beyond response phase and into the long-term recovery. h. It may take days to weeks to reestablish City services and months to years to recover from an incident. Figure – FEMA Disaster Recovery Framework Moses Lake Council Packet 5-11-21, Page 48 of 120 6 D. Scenarios, Decisions, and City Facilities Continuity Plan activation is a scenario-driven process that allows flexible and scalable responses to the full spectrum of emergencies and other events that could disrupt operations with or without warning during duty and non-duty hours. Continuity Plan activation is not required for all emergencies and disruptive situations since other actions may be deemed appropriate. The decision to activate the City’s Plan and corresponding actions to be taken are tailored for the situation, based upon projected or actual impact and severity that may occur with or without warning. Decision-makers may use the below decision matrix to assist in the decision to activate the Continuity Plan. Scenario Matrix Scenario Matrix for Implementation Duty Hours Non-Duty Hours Event with Warning • Is the threat aimed at the facility or surrounding area? • Is the threat aimed at organization personnel? • Are employees unsafe remaining in the facility and/or area? • Is the threat aimed at the facility or surrounding area? • Is the threat aimed at organization personnel? • Who should be notified of the threat? • Is it safe for employees to return to work the next day? Event without Warning • Is the facility affected? • Are personnel affected? Have personnel safely evacuated or are they sheltering-in-place? • What are instructions from first responders? • How soon must the organization be operational? • Is the facility affected? • What are instructions from first responders? • How soon must the organization be operational? As the decision authority, the City Council will be kept informed of the threat environment using all available means, including official government intelligence reports, national/local reporting channels, and news media. The City Manager will evaluate all available information relating to: • Direction and guidance from higher authorities • The health and safety of personnel • The ability to execute Essential Functions • Changes in readiness or advisory levels • Intelligence reports • The potential or actual effects on all systems and equipment • The expected duration of the emergency situation Moses Lake Council Packet 5-11-21, Page 49 of 120 7 Sample Conceptual Decision Process Matrix for Continuity The objective for providing alternative sites for City departments is to provide enough space for affected departments to set up temporary office space for essential personnel with equipment, supplies, and Internet access and software to conduct essential operations and services until normal operations and systems can be restored. Grant County Emergency Management may work with City Public Works Operations, Information Services, and affected departments to set up alternate work or office areas. Alternate work areas or facility site decisions will be based on the nature of the hazard and the size and characteristics of the emergency or disaster; extent and complexity of the incident destruction and disruption to facilities, systems, and resources; extent and complexity of providing and restoring essential operations and services for affected City departments; and priorities established by executive order, incident management objectives, and emergency management restoration and recovery objectives. Aerial views of potential facilities in the City are on the next page. Not included, but an option is the new Larson Rec Center. Moses Lake Council Packet 5-11-21, Page 50 of 120 8 E. Training The Administration Department will ensure that employees have received required emergency training through NIMS compliance training pertinent to their job description. In addition, annual in-person table-top exercises will be conducted at the direction of the City Manager. All departments and outside agencies who would be involved in a COG/COOP response will be notified when training exercises will be conducted and requested to participate. Moses Lake Council Packet 5-11-21, Page 51 of 120 9 F. Record of Change The City intends to maintain a viable plan capability through the review and update annually and as needed. This Plan will be reviewed annually by the Department Directors and Managers that are listed in the succession of leadership, operations, and essential services. Change Number Section Date of Change Individual Making Change Description of Change Moses Lake Council Packet 5-11-21, Page 52 of 120 10 PART II. CONCEPTS OF OPERATIONS Designated personnel will monitor emergency advisory information, including the Department of Homeland Security, the Washington State Fusion Center, and Grant County Emergency Management. Unusual occurrences which can be dealt with using existing local resources without outside help, or minimal mutual aid assistance, and which are short term in nature and limited in scope. The EOC may be activated as a resource coordination center. To ensure the ability to attain operational capability at Continuity sites and with minimal disruption to operations, The City will use a phased approach for implementation, whereby essential functions are sustained or established early and additional services will follow as needed and available. A. Implementation 1. The City Manager, or designee, will direct the implementation of COOP activities and if the establishment of an Emergency Operations Center id required. The City Manager will send a text to the Mayor, Council, and Directors of the activation to include immediate directions for essential services followed by an email to all employees. Directors will text back to the City Manager when they have alerted their entire subordinate staff via cellular phone. 2. The City of Moses Lake Police Department, MACC Dispatch Center, and the Grant County Sheriff’s Office utilizes the TNS “Telephone Notification System” to supply emergency notifications, alerts and other critical information to the general public and government employees. B. Delegation of Authority The City Manager will appoint an Acting City Manager in the event of absence for emergency operation implementations. In the absence of the City Manager, the Mayor will appoint an Acting City Manager until Council can meet to consider appointment to fill an interim person to the position. Additional delegation of authority is established by each Department Director. Should a primary position incumbent be unable to serve, a delegation may be implemented. The delegation will specify what the authority covers, what limits may be placed upon exercising it, who (by title) will have the authority, and under what circumstances the delegation applies. C. Operation Teams Team and sub teams may be established to coordinate support for delivery of essential functions. The City has identified key positions to perform critical activities on the COOP Teams. COOP resources not available within City supplies or through mutual aid agreements will be procured either through normal department procurement procedures or if the EOC is activated, through the EOC Moses Lake Council Packet 5-11-21, Page 53 of 120 11 logistics section. The identification of COOP Teams and roles reinforces that COOP requires coordination and participation from many departments to achieve success. The Operations Team will be staffed by representatives from City departments with departmental knowledge, basic administrative skills, or technical expertise. The Operations Team will coordinate with other departments to synchronize operations and to successfully bring up services and systems using alternate locations, back-up systems, mobilized resources, temporary work procedures, and pre-determined or impromptu work-around plans. D. Essential Functions Each City department has an organizational structure identified to support delivery of essential functions. Department activities are unique; however, at a minimum, department’s should be prepared to: • facilitate department COOP activities; • support activation of alternate facilities, supporting communications, and information technology systems; • support COG activities as appropriate; • provide public information content to the Communication Manager for dissemination; • assess and report situational status for department responsibility; • develop or implement temporary service plans; • coordinate resource support for employee’s emotional and physical wellbeing; and • lead department recovery activities. Department Division Essential Functions Administration Executive Provide leadership for the incident, the City, and the public. Facilitate internal and external messaging. Oversee department functions and evaluates risks. Administration City Clerk’s Office Support Administration and City Council functions. Administration Human Resources Fulfill requests for personnel, support family notifications of effected employees, enforce policies, union contracts, and ADA requirements. Community Dev Operations and Admin Provide department support, procure material and professional services, protect vital records. Community Dev Planning, Building, and Code Enforcement Provide services to the public remotely as requested. Community Dev Housing Coordinate contracts to support services for homeless population. Moses Lake Council Packet 5-11-21, Page 54 of 120 12 Department Division Essential Functions Finance Accounting Operations Provide department support, maintain financials, process accounts payable, process payroll, procure materials and protect vital records. professional services, protect vital records. Finance IT Services Maintain services and equipment for staff as requested onsite or offsite locations. Finance Utility Billing and Business Licensing Provide essential services to the public and protect vital records. Process mail and drop box correspondence. Bank deposits. Fire Operations Provide public notice of life safety actions. Provide department division support for material purchasing and protect vital records. Fire Suppression, Investigation, and Ambulance Protect the community and provide services to the public as requested. Municipal Services Engineering Operations Provide department division support for material purchasing and protect vital records. Municipal Services Engineering Development, GIS, and Stormwater Provide inspections and emergency surveying as requested. Document ADA compliance on City facilities. Municipal Services PW Operations Provide department division support for material purchasing and protect vital records. protect vital records. Municipal Services Water Facilitate water distribution to fire hydrants and COOP facilities. Municipal Services Wastewater Facilitate sewer services for COOP facilities. Municipal Services Stormwater Maintain infrastructure. Municipal Services Street Clear priority routes for incident and COOP activities. Municipal Services Fleet Vehicle and fuel service for City personnel. Municipal Services Building Maintenance Maintain activities for maintenance of COOP facilities and when necessary such as modified sanitation schedules. Parks, Rec & Cultural Services Operations Provide department division support for material purchasing and protect vital records. Parks, Rec & Cultural Services Maintenance Maintain activities for maintenance and when necessary modified sanitation schedules. Parks, Rec & Cultural Services Recreation and Museum Provide activities and services to the public as permitted for safety in relation to incident. Moses Lake Council Packet 5-11-21, Page 55 of 120 13 E. Public Meetings Special meeting notice requirements may be dispensed with when a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when the time requirements of the notice would make notice impractical and increase the likelihood of such injury or damage. An emergency meeting must be open to the public and in person if possible. if the meeting is attended remotely, the City must provide a place for the public to listen to the meeting. The date, time, and place of a special meeting must be designated in the notice. The agenda will be posted at the exterior entrance of the regular meeting location. In certain emergencies requiring expedited action, the meeting or meetings may be held in such place as is designated by the presiding officer. 24-hour notice and posting requirements may be suspended. Regularly scheduled meetings for the City Council and other appointed boards or commission will be determined by the City Manager. In 2020, IT staff pushed out a web-based meeting app to the Council iPads. Council Members, staff, and public could access and attend remotely from a phone or web-based device. Some internal meetings were held using the meeting owl device until the Council Chamber and Auditorium A-V equipment was upgraded later in the year. F. Vital Records Management The City’s Records Management Policy GP 1.3 was put in place to ensure employees manage their records in compliance with Washington State retention rules and laws. The Washington Secretary of State Archives Division develops and maintains retention schedules for every type of government record, in addition to identification of essential and archival value. A white paper was issued in 2020 alerting agencies on the emergency and disaster record retention period of six years reference DAN GS25006/GS 50-18-29. Department Division Essential Functions Police Records Provide department division support for material purchasing and protect vital records. Police Law Enforcement Provide security assessments and support for City facilities. Police Investigation Investigate felony crimes. Police Patrol Respond to emergency calls and support traffic operations. Police School Resource Officers Support investigations and provide shift backup to Patrol. Police Animal Control Provide services to the public as requested. Moses Lake Council Packet 5-11-21, Page 56 of 120 14 G. Employee Assistance Program A situation that requires the implementation of COOP activities can be stressful and physically or emotionally upsetting to employees and volunteers. The City will endeavor to support and provide the appropriate resources to assist personnel with managing crisis stress management. Resources may include increase awareness or access to the Employee Assistance Program (EAP), formal Critical Incident Stress Management (CISM) sessions, on site mental, emotional, or spiritual support staff, or referral to professional mental health providers. The EAP program also provides referrals to family caregiving services, 30-minute legal service consultations, financial consulting over the phone, and complimentary referrals to convenience services. Online tools and information: www.EAPHelplin.com for program information and access to self-service solutions. City of Seattle Critical Incident Stress Management Flyer Moses Lake Council Packet 5-11-21, Page 57 of 120 15 PART III. PHASES The table below highlights the key COOP activities to be accomplished by phase. Phase Key COOP Activities Phase 1 – Initiation • Establish Emergency Operations Center. • Ready alternate facility, if needed. • Notify impacted local, regional, and State agencies. • Activate plans to transfer to alternate facility. • Notify agency employees and contractors regarding activation of COOP plan and their status. • Assemble documents/equipment required for essential functions at alternate facility. • Continue essential functions at regular facility, if available, until alternate facility is ready. Phase 2 – Alternate Operations • Provide guidance to personnel. • Provide information to the public. • Identify replacements for missing personnel. • Commence full execution of operations supporting essential functions at the alternate facility. Phase 3 – Return to Operations • Supervise return to operations. • Demobilize. • Offer to arrange employee emotional support. • Deliver public information of status. Moses Lake Council Packet 5-11-21, Page 58 of 120 16 APPENDIX A: Grab and Go Kit Checklists Moses Lake Council Packet 5-11-21, Page 59 of 120 17 Moses Lake Council Packet 5-11-21, Page 60 of 120 18 Moses Lake Council Packet 5-11-21, Page 61 of 120 19 Moses Lake Council Packet 5-11-21, Page 62 of 120 20 APPENDIX B: Activation and Deactivation Checklists Moses Lake Council Packet 5-11-21, Page 63 of 120 21 Moses Lake Council Packet 5-11-21, Page 64 of 120 22 Moses Lake Council Packet 5-11-21, Page 65 of 120 23 APPENDIX C: COOP Comment Form Submit the information below using the Online Fill-In Form. Provide comments on the form, attach suggested changes in marked-up pages of the Plan, include weblinks, or attach other documents as necessary. Thank you. Name Title Agency Mailing Address City State Zip Phone Email Page Number or Chapter Reference Suggested Changes and Comments Moses Lake Council Packet 5-11-21, Page 66 of 120 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Kevin Fuhr, Police Chief Date: May 6, 2021 Proceeding Type: New Business Subject: MLMC Amnesty Program Legislative History: • First Presentation: May 11, 2021 • Second Presentation: • Action: Motion Overview In June of 2020, the Washington State Judicial Ethics Advisory Board issued an opinion finding that a City’s use of an employee to serve as a municipal court clerk creates an ethics violation because there is no separation between the Judicial and Executive branches of government. Finding a solution to this issue has been a slow process and requires the cooperation of the District Court and Grant County. Currently, a draft Interlocal Agreement is being circulated and the parties hope to have a resolution shortly which provides for the City’s use of a District Court Clerk as a Municipal Court Clerk. In the interim, however, municipal court operations have been suspended since June 2020. As a result, the City has amassed a backlog of more than 530 municipal court citations, many of which are photo enforcement violations. Grant County District Court has expressed a concern with processing the backlog which has prompted the City to explore the opportunities for reducing the backlog. One option is to offer an amnesty program, similar to what other cities have done, which entails offering violators a onetime opportunity to pay off tickets at a reduced rate. I would propose that between June 1, 2020 through June 30, 2021, the City of Moses Lake offer violators an opportunity to pay a reduced fine (50%) to decrease the number of court appearance requests that have been backlogged during the court shutdown. At the same time, I would also recommend sending each violator a new Declaration form giving them the opportunity to check one of the three boxes, again with the intent of reducing the number of court appearances. This reduction in fine amounts would not constitute a gifting of public funds as it would be offered equally to every violator and would benefit the City by reducing the backlog of citations while providing some revenue. Upon conferring with our photo enforcement vendor, Redflex, we are advised that all that is required is to notify them of the reduced fine amount so that they can make the adjustments. At the same time, we would also offer waiving any late charges in hopes of getting violators to pay their overdue fines. The goal of offering these incentives would be to generate compliance. Moses Lake Council Packet 5-11-21, Page 67 of 120 Page 2 of 2 After June 30, 2021, the MLPD will reassess the number of violators that have either paid the reduced fine amount or checked one of the Declaration boxes and decide if further incentives are needed. I am hopeful that with the reduction in fines and opportunity to complete a new Declaration form, we will greatly reduce the number of violators requesting a court appearance prior to the re-start of municipal court operations. Fiscal and Policy Implications: N/A Council Packet Attachments A. Draft letter to be sent to defendants. Finance Committee Review: N/A Legal Review Type of Document Title of Document Date Reviewed Photo Citation Notice Amnesty Offer May 6, 2021 Options Option Results • Authorize as presented Staff will send letter to defendants. • Provide staff with changes Staff will make changes as requested by Council. • Take no action No action will be taken. Action Requested Staff requests Council to authorize the amnesty program offer and mailing of the attached letter as presented. Moses Lake Council Packet 5-11-21, Page 68 of 120 (date) Moses Lake Municipal Court Division of Grant District Court P.O. Drawer 1579 - Moses Lake Police Department - 411 S. Balsam Moses Lake, Washington 98837 Phone: 509-764-3887 (insert name), (citation number) (fine amount) Due to an interruption with municipal court operations last July, the City has a significant amount of pending municipal court citations. To process these pending cases in an expedited manner, the City of Moses Lake is extending a onetime offer to violators to pay a reduced fine of 50%. In order to qualify for the 50% reduction, your citation(s) must be paid by June 30, 2021, and no further response is required once paid. Payment options are listed below: 1. Mail payment to: Moses Lake Intersection Safety Enhancement Program PO Box 76886 Cleveland, OH 44101 2. Pay by phone 877-847-2338 3. Pay online www.photonotice.com (use code: MOSELK) If you elect not want to pay the reduced fine, please resubmit a response below by June 30, 2021, to the Moses Lake Police Department in person or by mail at PO Box 1579 Moses Lake, WA 98837. I sold the vehicle prior to the infraction date to the person named below. The vehicle was in the care, custody, or control of the person named below (citation will be reissued in their name) New Owner/Drivers Name: _____________________________________________ Address: ____________________________________________________________ I request a hearing to contest this infraction notice. Signature: _____________________________________ Date:___________________ I certify under penalty of perjury that the foregoing is true and correct. If you have any questions, please feel free to call 764-3888 Olivia Martinez Administrative Assisntant Moses Lake Council Packet 5-11-21, Page 69 of 120 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Melissa Bethel, Community Development Director Date: May 6, 2021 Proceeding Type: New Business Subject: Expanding Homeless Assistance Programs Legislative History: • First Presentation: May 11, 2021 • Second Presentation: • Action: Motion Overview The City, through the Emergency Solutions Grant CV-19, has funds that have not been allocated into a specific homeless program or project for the fiscal year 2021 and 2022. Through discussions with the Ad Hoc Homeless Committee and HopeSource, it has been recommended that the funds be utilized to provide a Rapid Re-Housing and Hotel Voucher program for homeless assistance. The City has approximately three hundred fifty thousand ($350,000) of unallocated funding from the ESG CV-19 Grant available for these two programs. The City has developed a contract to provide a scope of work and budget for these two programs that would identify the services to be provided by HopeSource. Rapid re-housing is an intervention, informed by a Housing First approach that is a critical part of a community’s effective homeless crisis response system. Rapid re-housing rapidly connects families and individuals experiencing homelessness to permanent housing through a tailored package of assistance that may include the use of time-limited financial assistance and targeted supportive services. Rapid re-housing programs help families and individuals living on the streets or in emergency shelters solve the practical and immediate challenges to obtaining permanent housing while reducing the amount of time they experience homelessness, avoiding a near-term return to homelessness, and linking to community resources that enable them to achieve housing stability in the long-term. Case management will also, as appropriate, assist households with connecting to resources that help them improve their safety and well-being and achieve their long-term goals. This includes providing or ensuring that households have access to resources related to income and health care benefits, employment, and community-based services. A Rapid Re-Housing program would pair perfectly with the Enhanced Shelter the Council authorized previously, with clients being served at the Enhanced Shelter being enrolled into a Rapid Re-Housing program to ensure a safe and effective transition from shelter to permanent stable housing. Moses Lake Council Packet 5-11-21, Page 70 of 120 Page 2 of 2 Paired with the Rapid Re-Housing and the Emergency Shelter, a Hotel Voucher program offers emergency access to shelter for any individuals or families that are referred by other crisis response system agencies when there is no other option for shelter for those families or individuals. The hotel voucher would allow for placement at a motel for a duration of 14 nights during which it will be a priority to find more permanent placement solutions. The hotel voucher program is one that has wide need and support from other crisis response system providers. Through this funding, 15 households could be served through Rapid Re-Housing and up to 50 clients could be served through the hotel voucher program. Fiscal and Policy Implications No fiscal impact of these programs. These are eligible expenses under the ESG CV-19 Grant, which will cover all of the expense with no impact on general budget. Council Packet Attachments A. Rapid Re-Housing and Hotel Voucher Contract B. Rapid Re-Housing and Hotel Voucher Request for Proposals C. HopeSource Completed Proposal Finance Committee Review – N/A Legal Review - N/A Options Option Results • Authorize as presented Authorize City Manager to execute contract with HopeSource to begin Rapid Re-housing program and hotel vouchers • Provide staff with changes Amend contract or budget • Take no action. A new program would need to be identified in order to utilize the ESG CV-19 funding Action Requested Staff recommends Council to approve as presented. Having further options for the homeless response system aids in the goal of ending homelessness in our community. Moses Lake Council Packet 5-11-21, Page 71 of 120 2021 RAPID RE-HOUSING AND HOTEL VOUCHER PROGRAM Project Summary Form Organization/Agency Name:Tax Identification Number (TIN): DuNS #: HopeSource 91-0814544 938167934 Mailing Address:City:State: Zip: 700 E Mountain View AVE STE 500 Ellensburg WA 98926 Telephone:Website: 509-925-1448 www.hopesource.us Type of Agency: Check one (1) agency type Nonprofit community or neighborhood-based organizations and regional orstatewide nonprofit housing assistance organizations must submit a copy of the Secretary of State registration with the application (if not already on file with PHSS-Housing). Local government X Nonprofit community or neighborhood-based organization Regional or statewide nonprofit housing assistance organization Audit Information: Date of last audit: 7/15/20 Type of audit: Single Audit/Financial Statement Audit Name of company performing the audit: Aiken & Sanders, Inc PS Audit findings or management letter: X No Yes, please detail: License(s): If required by local government, do you have the necessarylicense to operate this proposed housing program? Yes X N/A No, please explain: Contacts: Executive Director Program Contact Finance Contact Name:Susan Grindle Mark Hollandsworth Ariam Mehtsentu Title:CEO Director of Operations CFO Address: (*if different from mailing address) - ,l =. = 1 16 2021 RFP: Rapid Re-Housing and Hotel Voucher Programs Moses Lake Council Packet 5-11-21, Page 72 of 120 Phone:1509-925-1448 I509-925-1448 1509-925-1448 Fax:509-925-1204 509-925-1204 509-925-1204 E-Mail:_SkJJ!_r!"________'e@_!:l.__Ol)_e_S9t!rCe_-!5.@5qil_and_s_wqr.ilJQi'iqp_es_o34r_g e__. u S_ .agej3t5_en_tg@hopqspu. .r_5;g .us Project Summary: (provide a brief summary of the project and the targeted population.) HopeSource will operate a scattered-site rapid rehousing project that targets 15 households with the highest needs, including those already homeless, chronically homeless, and at increased risk for COVID-19. HopeSource will also provide hotel vouchers for up to 50 households in need of safe, temporary emergency shelter and oversee the process for other crisis system providers who may need to temporarily house clients. Total Budget: Source Proposed Committed Total Rapid Re-Housing !> 93,250.00 !>S 93,250.00 Hotel Vouchers S 38,500.00 S S 38,500.00 Payroll & Benefits S 153,400.00 S S 153,400.00 Administrative S 27,998.60 S S 27,998.60 Other S 36,794.83 !>!> 36,794.83 S S S Total S 349,943.43 S S 349,943.43 I attest that all information, including program responsibilities and associated budget, described herein for our agency as an applicant for the 2021 Moses Lake RRH application has been reviewed, and is true and accurate. Submitted by Executive Director or other Authorizing Official l April 19, 2021 AuthorizedSignature Date SusanGrindle CEO Name (tvoed or orinted) Title 2021 RFP: Rapid Re-Housing and Hotel Voucher Programs :)..i 7<..o 2 16 Moses Lake Council Packet 5-11-21, Page 73 of 120 PROGRAM NEED ST ATEIVIENT-RRH (40 points each) Purpose Statement: To assess the degree and extent of need and the effectiveness of the proposed solution (project). 1. Describe the compelling need within the community and how your project will specifically address that need. This project will lielp fill the gap in services for homeless individuals and families in the City of Moses Lake, particularly those ineligible for assistance through the Moses Lake Sleep Center. While some rapid rehousing funding and services exist in Moses Lake, tlie need for services exceeds the existing and available funding, which is currently targeted at serving specific populations. Tlie HopeSorirce rapid rehorising program will move homeless houseliolds into permanent housing solutions and offer stability case management as a path toward self- sufficiency and long-term success. 2. Describe your proposed project. Be specific and include who will benefit, how many units will be produced, or households served; a. Describe the type of program; HopeSource will operate a scattered-site rapid rehousing project tliat targets houseliolds with tlie highest needs, including those already homeless, chronically liomeless, and at increased risk for COVID-19. The project is projected to serve 15 households. Voluntary case management and stabilization services include assessment, intake, housing stability, and employment planning. 1 Moses Lake Council Packet 5-11-21, Page 74 of 120 HopeSource will use the cloud-based Regional Coordinated Entry system for tlie initial assessment and intake, whicli is easily accessible from any computer or cell plione 24/7. The initial assessment will include mental and physical liealtli screening, social connections and support, and family reunification. Following the initial assessment, the housing and employment stability plans will be tailored to each participant's strengths and priorities, including referrals to transportation, connections to Grant County service providers, and assistance in application and placement in affordable housing projects within Grant Corinty. Regularly, teams will conduct oritreach to la'iown and yet unla"iown camps and locations homeless persons may stay. The oritreach will employ tecliniques proven more effective in gaining trust and engagement, including; trauma-informed care, motivational interviewing, and housing first options. b. The duration of assistance; Rental subsidies will last up to forir months of rent plus a security deposit. Households who choose to paiticipate in case management and stabilization sei'vices will continue to receive services using a progressive engagement model, with assistance decreasing as self-sufficiency and stability increase. c. Estimated per household subsidy amount; The household subsidy amount will be available up to $925 per t'nonth for four months, plus an $1850 security deposit. 2 Moses Lake Council Packet 5-11-21, Page 75 of 120 d. Estimated administrative costs to operate the program (not including case management costs); Administrative costs to operate tlie program will be $27,998.60, or 8% of the grant total, over the contract tertn. This figure includes tlie hotel voriclier program as well as rapid reliousing. e. Estimated case management costs, if any. Case management costs, including personnel, training, and flex funds for service needs, are estimated to be $163,450 over the contract ternn. This figure includes the hotel voucher program as well as rapid rehousing. 3. How effective and efficient is your approach to meeting the need? HopeSource has been operating rapid rehousing programs for over 50 years and lias an average exit to permanent housing rate of 98%. HopeSource client advocates use a progressive engagement model witli all clients, wliich means that tlie liousehold receives only as rnucli assistance as necessary to reach tl'ieir stability goals. The progressive engagement model ensures that resources are used efficiently wliile still providing the right amount of service for each household. 4. What best practices are being used and the model of service delivery? HopeSorirce utilizes the best practices of trauma-informed care, progressive engagement, and Housing First. Our rapid reliousing programs are designed based on the standards considered best practice by tlie National Alliance to End Homelessness, the U.S. Department of Veterans 3 Moses Lake Council Packet 5-11-21, Page 76 of 120 Affairs, the U.S. Department of Horising and Development, and tlie U.S. Interagency Corincil on Homelessness. HopeSource was also certified by CARF in 2015 for operating rapid rehousing programs according to best practices. All HopeSource case managers are certified in Washington State as Family Development Specialists and compreliensively assess needs and connect individuals witli appropriate referrals throughout the region. They are trained in motivational interviewing, Fair Housing, Horising First, harm reduction, critical incident reporting, cultural competency, person-centered planning, unique needs of persons served, conflict resolution, mediation techniques, active listening, positive resolution coacliing, self-care, family reunification techniques, and family stnicture and beliaviors. 5. Describe and identify how the project is consistent with the County's Five-Year Homeless Goals and Objectives identified on page four (4). During this project, HopeSource will prioritize tlie people with the liighest needs for liorising stability, including literally liomeless individuals and families, cl'u-onically liomeless horiseholds, households with the longest time spent homeless, and homeless households most at risk for severe illness due to COVID-19. HopeSource will use this project to serve horiseliolds currently ineligible for the sleep center and those who show a committed interest in stability case management. HopeSource will leverage the experience and success of our existing rapid rehorising programs to create a liighly effective and efficient program in the City of Moses Lake. HopeSorirce 4 Moses Lake Council Packet 5-11-21, Page 77 of 120 consistently meets and exceeds tlie benchmarks associated witli successful rapid re}iorising programs, including increasing the percentage of exits to perrnanent horising, reducing returns to homelessness after exiting to permanent housing, and reducing the average lengtli of time homeless. 6. Identify any homeless or special need populations that will be served. Literally liomeless houseliolds will receive priority for services through this program, as well as chronically homeless households, liouseholds witli tlie longest time liomeless, and homeless households witli the most severe service needs, inctuding coronavirus-related needs. PROVIDE ONE NEED ST ATEMENT PER PROGRAM 5 Moses Lake Council Packet 5-11-21, Page 78 of 120 PROGRAM NEED STATEMENT-Hotel Voucher (40 points each) %rpose Statement: To assess the degree and extent of need and the effectiveness of tlie proposed solution (project). 1. Describe the compelling need within the community and how your project will specifically address that need. People experiencing homelessness are often at a greater risk for illness dtie to COVID-19 for a myriad of reasons, including the inability to social distance safely and isolate when exposed to the virus. Temporary emergency liorising solutions sucli as hotel/motel vouchers provide sufficient shelter to keep houseliolds who are ill safely isolated and prevent further spread among the homeless community. Hotel/motel vorichers liave been credited by HUD, USICH, and the CDC for lowering the number of COVID-19-related deaths and illness among people experiencing homelessness from wliat was initially predicted. HopeSource's temporaiy emergency shelter program will help houseliolds find safe housing while awaiting access to other horising arrangements, recovering from COVID-19, or waiting to receive test results after exposure. It will mitigate the risk of furtl'ier spread among the community, quickly move people experiencing homelessness into safe shelter, and provide additional assistance to move liouseholds toward safe, perinanent liorising in tlie process. 6 Moses Lake Council Packet 5-11-21, Page 79 of 120 2. Describe your proposed project. Be specific and include who will benefit, how many units will be produced, or households served; a. Describe the type of program; The hotel voucher program administered by HopeSorirce will serve 50 households and provide safe, temporary shelter for up to 14 nights. Individuals and families seeking slielter will enter the Coordinated Entry system by accessing it online or working with a HopeSorirce client advocate over the phone or in person. If it is determined that the voriclier is the most appropriate form of assistance, HopeSource staff will contact tlie hotel to confirm room availability and inform the hotel reception that a client will be staying with them. HopeSource staff will serve as the liaison between the hotel staff and tlie client, providing the client witli the room number, key, and all relevant information for the stay. Clients will be screened for symptoms of COVID- 19 and referred to health paitners for testing and treatment if necessaiy. Housing and stability case management beyond tl'ie 14-day hotel stay will be available for clients wlio indicate interest and willingness to participate. Hotel vouchers will be available to other Crisis System Response providers, including instances where the provider needs access to emergency shelter after regular business liours. Participating providers will have access to a digital copy of tlie hotel voucher form designed by HopeSource and can work directly with partner motels to place tlieir clients. HopeSource staff can assist with entering clients placed by otlier providers into the Coordinated Entry System. The originating crisis system response provider will be responsible for case management, housing placement, and services for tlieir clients. A sample of tlie HopeSource Hotel Voucher process is attached to this application, as well as the voucher form. 7 Moses Lake Council Packet 5-11-21, Page 80 of 120 b. The duration of assistance; Hotel/motel vouchers will be available for up to 14 nights for 50 households. Households WIIO voluntarily opt for housing stabilization services will continue to be served as appropriate beyond the 14 days. c. Estimated per household subsidy amount; Vouchers are estimated to be $55/room/niglit, including incidentals. d. Estimated administrative costs to operate the program (not including case management costs); Administrative costs to operate tlie program will be $27,998.60, or 8% of the grant total, over the contract term. This figure includes the liotel voucher program as well as rapid rehousing. e. Estimated case management costs, if any. Case management costs, including personnel, training, and flex funds for service needs, are estimated to be $163,450 over the contract term. This figure includes the liotel voucher program as well as rapid rehousing. 3. How effective and efficient is your approach to meeting the need? According to the December 31, 2020 report released by United States Interagency Council on Homelessness (USICH), "the incidence of positive COVID-19 cases and deaths due to COVID- 19 within the community of people experiencing homelessness has been significantly and 8 Moses Lake Council Packet 5-11-21, Page 81 of 120 dratnatically lower than had been originally projected." USICH identified temporary emergency shelter, including in-person containment and mitigation sites, as one of tlie primary strategies that continue to reduce the risk of illness and death related to COVID-19 among people experiencing homelessness. 4. What best practices are being used and the model of service delivery? According to the CDC, HUD, FEMA, and other major liousing and liealth organizations, temporary emergency housing options such as hotel vorichers are considered best practice for responding to and preventing COVID-19 illness in the homeless poprilation. All HopeSource case managers are ceitified in Wasliington State as Family Development Specialists and comprehensively assess needs and connect individuals with appropriate referrals throughout the region. They are trained in motivational interviewing, Fair Housing, Housing First, hari'n reduction, critical incident repoiting, culhu-al competency, person-centered planning, unique needs of persons served, conflict resolution, mediation tecliniques, active listening, positive resolution coaching, self-care, family reunification techniques, and family sti-ucture and behaviors. 5. Describe and identify how the project is consistent with the County's Five-Year Homeless Goals and Objectives identified on page four (4). The hotel voucher progratri is consistent witli tlie County's goal to prioritize liomeless housing for people with the highest needs by prioritizing literally homeless horiseholds, chronically homeless horiseholds, households witl'i the longest length of homelessness, and houseliolds at 9 Moses Lake Council Packet 5-11-21, Page 82 of 120 significant risk for illness related to COVID-19. The program will also help individuals and families begin entering safe, stable, and permanent housing after exiting tlie liotel. 6. Identify any homeless or special need populations that will be served. Literally homeless households will receive priority for services throrigh tliis program, as well as chronically homeless houseliolds, horiseliolds with the longest time liomeless, and homeless horiseliolds with the most severe service needs, including coronavirus-related needs. PROVIDE ONE NEED STATEMENT PER PROGRAM 10 Moses Lake Council Packet 5-11-21, Page 83 of 120 ORGANIZATIONAL CAPACITY ST ATEMENT (20 Points) Purpose Statement: To evaluate tlie organization's technical and administrative capacity to successfully manage the project. 1. A brief history of your organizational experience in managing housing programs or services. HopeSorirce lias over 50 years of experience operating slielter and liousing programs in a rural environment, making a difference in communities by stabilizing homeless individuals and families in crisis and supporting them witli connection and referral to pliysical healtli, mental liealth, substance use, domestic violence, legal, and employment providers. The HopeSource vision is to break the cycle of liomelessness and multi-generational poverty by providing support and services needed for individuals and families to accept and move toward a goal of stability and greater self-sufficiency. HopeSource is the Balance of State Contimuu'n of Care Lead for Kittitas County and actively involved in the other five Nortli Central Wasliington counties in serving homeless and at-risk veterans, individuals with disabilities, seniors, and low-income families with offices and staff in Kittitas County since 1967, and offices and staff in Moses Lake and Wenatchee since 2015. The HopeSource Strategic Plan focuses on ending liomelessness in tlie Central Washington region by increasing affordable horising for high barrier liouseholds, especially tl"ie liomeless, tlie 11 Moses Lake Council Packet 5-11-21, Page 84 of 120 very low, and tlie extremely low-income populations. HopeSource works to ensure sustained placement by connecting people, once housed, with food, stable employment, licensed childcare, insurance, health care, socialization, and education for tlie children and adults. HopeSorirce owns and operates over 250 affordable housing rinits in tliree counties in Central Washington and is currently building 50 new rinits of homeless and affordable housing units in Kittitas County. HopeSource was the first county in Washington and one of the few in tlie nation to be certified by the United States Interagency Corincil on Homelessness (USICH) in 2018 as having achieved Functional Zero for Veterans. Tlie Washington State Department of Commerce is finalizing documentation to recognize HopeSorirce as having achieved Functional Zero for Families with Cliildren in 2019. 2. Clearly explain in detail the staffing and resources needed to implement the project. Effective and efficient operation of the rapid reliousing and liotel voricher programs worild require a 'full-time program lead, a full-tit'ne client advocate, a pait-time client advocate, and a part-time suppoit specialist. The program lead worild be responsible for overseeing tlie program's operation, including landlord and hotel oritreacli, managing program staff, and financial reporting. Client advocates will conduct client outreacli and provide housing and stability case management. The support specialist will assiSt with client intake throrigh coordinated entry and support compliance with grant requirements. HopeSource continuorisly seeks to diversify funding to increase programmatic and organizational sustainability by leveraging existing resources, strengtliening fundraising 12 Moses Lake Council Packet 5-11-21, Page 85 of 120 capacity, building and sustaining relationships with forindations, and developing stronger ties to corporations and small businesses. HopeSource will braid multiple current funding sources to leverage resources to continue this project beyond its initial fiinding period. 3. Describe your organization's administrative and technical experience to implement the project or services. HopeSource currently administers the ESG-CV grant funding in Kittitas County, is familiar witl'i the grant requirements, and has already implemented written policies and procedrires according to grant standards. Staff is already in place in Moses Lake to implement tlie program. HopeSource would be ready to begin services as of May 14, 2021. HopeSorirce has an extensive monitoring procedure for all contracts and subcontracts with detailed processes reviewed with staff, providing the framework for contract compliance, including audit and financial repoit requirements, award provisions, and desired oritcomes. HopeSource currently utilizes a robust internal database linked to the State Homeless Management Infoii'nation System (HMIS) reporting tool. Data will be entered in HMIS using demographics, program-specific data elements such as services provided, type and date of service including mediation services, placement and referral date and type, and financial assistance. HopeSource financial controls include adherence to Board approved Fiscal Policies supl:ioited by OMB Circular reqriirements and accorinting practices. There is a distinct separation of duties and approval across all purchases and appropriately scalable software and liardware to ensure 13 Moses Lake Council Packet 5-11-21, Page 86 of 120 efficient management of any scale of activity. The past twelve years have seen Unqrialified Aridits by external auditors. HopeSource was unconditionally ceitified by the Commission on Accreditation of Reliabilitation Facilities (CARF) in 2015 and is reviewed annually. CARF is an independent, nonprofit Federal accrediting body whose mission is to promote the quality, value, and optimal oritcomes of services through a consultative accreditation process tliat centers on enliancing the lives of the persons served. CARF establishes consumer-focused standards to l'ielp organizations measure and improve the quality of their programs and services. CARF includes quality standards for business practices, service processes, and specific programs and services. 4. Describe efforts to collaborate and coordinate with other partners regarding the project/program. Potential providers we anticipate corild rise the liotel voucliers may include members of tlie Homeless Task Force, Serve Moses Lake, Grant Integrated Services, DSHS, the Horising Authority, and New Hope. HopeSource will meet with the Grant County Health Officer to coordinate and understand roles and all health department directives for COVID-19 and continue regular communication during the COVID-19 crisis. Outreach and identification are accomplished throrigh field visits and referrals from law enforcement, local and regional networks of social services and emergency services, public 14 Moses Lake Council Packet 5-11-21, Page 87 of 120 schools, faith-based organizations, and local businesses. Mainstream services include partnerships with resorirces in Grant County tliat offer mental liealth, substance abuse, traruna corinseling, employment training, and civil legal advocacy, working witli Grant Integrated Services for special needs, and liealtl'icare systems, law enforcement, Grant Corinty Horising Authority; Nortliwest Justice Project; WorkSource; HopeSorirce life skills and employment skills through Hope University; DSHS -SNAP; tlie Social Security SOAR program; tlie Departi'nent of Licensing; Big Bend Community College; priblic transpoitation access tliroughout Grant and Adat'ns Counties; and access to the 23 community action organizations in Washington State Commrinity Action that provide food, shelter, utility assistance, transportation, and referral to services in their corinties. 15 Moses Lake Council Packet 5-11-21, Page 88 of 120 Grant Budget Template Moses Lake - Motel Voucher - RRH 1.25 FTE Oient Advocate - RRH & Vouchets Proposed Funding Information: Name of Organization:HopeSource Grant 10: Total Grant Funds Requested:S349,943.43 Application Fiscal Year:FY 2021 Proposed CoC Code(s):BoS 501 County/State(s) to be Served:Grant Proposed # of Households Served:395 Average Amount per Household Served:S885.93 Program Expenses ' % of Total Grant Year One I. Provision arid Coordination of Services Base Annual 1. Personnel/Labor # FTE " FTE Salary/Wage Title and OJanizatlon Program Lead 1.00 100%56,160.00 16%S 561160 00 Client Advocate 1.00 100%45,760.00 13%S 45,760.00 Client Advocate 1.00 25%45,760.00 3%S 11,440.00 Program Support 1.00 25%37,440.00 3%S 9,360.00 0%s 0%S 0%S 0%s CI%S Subtotal Salaries/Wages Frmge Benefits 35%S 122,720.00 9%S 30,680.00 Subtotal Personnel 44%S 153.400.00 2.**DlrectServlces I 38% I S 131.750.00 "Assumes 50 Voucher Cllents @S55/room night x 14 Nlghts 5 38,500.00 "Assumes 15 RRH Clients (fD %25/mo. x 4 mo. + 61850 Deposit S 83,250 00 "Assumes 25 RRH Clients Flex Fund S 10,000 00 3. Other Non-Personnel Prggam All Training -0%5 i,oso.oo Computer Equlpment 1%S 5,152.00 Office Space Allocation 1%S 2,400.00 Office Supplles 0%S 240.00 Communlcatlon 1%S 1,760.00 Outieach 0%S 1,400.00 Office Etluipment 0%S 1,375 83 Educational Materlals 0%S 395.00 Vehicle 2%S 7,032.€0 Motel Cleanlng/Repalr Reserves 4%S 14,700.00 0%:> Subtatal Other Pro ram Ex enses 11%S 36,794.B3 SubtotalProqramExpenses I 92% I " 321,944.83 11. Administrative Expenses ' Flnance, HR and Admin staff salary and wage 7%S 24,273 60 Audit Fee 0%S 400.00 Professional Fee 0%S soo.oo General Office Supplies and Furniture 0%S goo.oo General OTflce Space and Utillties 0%S 400.00 Tralnmg and Technical Assiskance 0%S 375.00 General Llability Insurance 0%5 i,,iso.oo 0%s 0%S Subtotal Administrative Exoenses Fl%S 27,998.60 GrandTotal I 100%9 349,943.43 % of Total Grant 100.OO% Moses Lake Council Packet 5-11-21, Page 89 of 120 PROJECT WORK PLAN Instructions: * Action.Steps/Tasks:Identifythes'pecific.worktasksrequiredtoeo*p!etet5'eproject. " "" """' " ' " * Implemeritation Date: Whenthetask 6'egins- * ExpededCompletionDate:When.thetaskwillbecomp[eted, " t ResponsibleParty:whoorw5a'torganizationisresponsibteforcompletingthetask. Expected Action Steps/Tasks Implementation Date Completion Date Responsible Party Meet with area providers for clarity and understanding of the program purpose, opportunities, processes (CE, Vouchers, etc.), criteria, and responsibilities, including complete contact information May 1 May 5 HopeSource, project partners Reiterate and educate all potential partners and providers on best practice COV1D19 procedures and safety measures for clients, staff, and community May 1 May 5 HopeSource Secure MOU's from providers for CE if not already in place May 1 May 20 HopeSource, area providers Review intake, assessment, housing stability, and employment planning to ensure a match with RFP requirements and educate partners on the processes HopeSource will use May 5 May 20 HopeSource 1 Moses Lake Council Packet 5-11-21, Page 90 of 120 Meet with mental health, physical health, and substance partners to discuss coordination and information sharing needs and formats May 5 May 20 HopeSource, participating providers Meet individually with providers who indicated they would use the RRH or Vouchers to make sure the roles and responsibilities are clear May 1 May 10 HopeSource, participating providers Review landlord lists for expansion May 1 May 5 HopeSource Reconnect with appropriate motels to explain the program and get firm agreements and processes to be used, including which partners may be invoived and what their role vis a vis HopeSource would be May 1 May 10 HopeSource, area motels Discuss with outreach teams of providers and HopeSource to ensure understanding of this specific RRH and Voucher program and how it relates to current work May 1 May 5 HopeSource, participating providers Identify emergency contacts for weekends and evenings and notify partners and funder May 1 May 5 HopeSource Begin providing RRH and Voucher services May 14 Ongoing HopeSource Schedule periodic check-ins with motels to see that procedures are still in place and that the processes are working as expected, evaluate and address any improvements May 15 Monthly HopeSource Schedule quarterly meetings with active partner providers and funder to evaluate processes and address improvements July 1 Quarterly HopeSource, City of Moses Lake, participating providers 2 Moses Lake Council Packet 5-11-21, Page 91 of 120 Attachments to the HopeSource Moses Lake RRH Application Page l: HopeSorirce Certificate of Existence Page 2: HopeSource Org Cliait Pages 3-4: Sample Hotel Vouclier Process Page 5: Sample Hotel Vouclier Fotam Pages 6- 10: Letters of Support for HopeSource Projects in Grant County p. 6-7 Ellensburg Mayor Bruce Tabb p. 8-9 Ellensburg City Council Member Nancy R. Goodloe p. 10 Ellensburg Chief of Police Ken Wade Moses Lake Council Packet 5-11-21, Page 92 of 120 Secretary of State I, KIM WYMAN, Secretai'y of State of t)ie State of Washington and custodian of its seal, liereby issue tl'iis CERTIFICATE OF EXISTENCE HOPESOURCE I CERTIFY that tlie records on filc in tliis office sliow that the above named entity was formed under tlic laws of t)'ie State o(" Wasliington and that its priblic organic record was filed in Washington and became eV('ective on 04/26/1966. l FURal'HER CERTIFY tl'iat tlie entity's duration is Perpetual, and tliat as olathe date of tliis certif'icate, the records of the Secretary of State do not reflect tl'iat t)iis entity lias been dissoived. l FURTHER CERTIFY that all fees, interest, and penalties owed and collected tlirougli tbc Secretary of State liave been pititl. I FURTHER CERTIFY that tlie most recent annual repoit )ias been delivered to tlie Secretary of State iaor f-iling and that proceedings for administra(ive dissolution arc not pending. Issued Date: UBI Ntimber: 01/23/2018 600 263 085 Given under my liand and tlie Seal olallie Stale of \VashingRm at Olympia, tlic Siatc C.'apital Kin'i Wyman, Secretary of State L)ate Issued: 01/23/2018 Moses Lake Council Packet 5-11-21, Page 93 of 120 Susan Grindle Sherri Ottl : Tim Cornia Margaret Usreyi Jamin Casciato SSVF Direct Service I Providers l YHDP Client ClientAdvocates C7audiaBetancourt i Advocates athaniel MichaelFloresl r AdrienneJensen! NicoleMatthews StacyWahlErika Ritchie 'e'o/ Ha'nes Client Advocates Brandy Yearou' oseph Frangipani f JaclynSandersi ProgramSupport Associate "ousingsuppo' #Specialist Laura Brown a EvictionPrevention Mark Hollandsworthi i Karem Gonzalez I Sujan Shestha Capacity Building Coordinator Brooke Richards Craig Kellyl' Property Maintenance N2N & Affordable Housing Support Ryan Domitzl i 'Stephanie Haag I Andrew Lyons '58 i Program Support Associate Jackie Eichhorn Volunteers WX Technical Project Manager Energy Prograrri Coordinator Lisa Charle EnergyAAldsesSistance %KenyaJone I Brenda Schroede Healthcare N avigators WX Program Coordinator Vickie Nesbit Moses Lake Council Packet 5-11-21, Page 94 of 120 p.3 COVID-19 Homeless/Displaced Voucher Process Direct all homeless or displaced individuals/families to the CE system to contact. If a walk-in, the front office will enter the client into the CE system and complete steps 1-10. 1. Screen all entries through CE, confirming status (homeless/displaced). * Use first dialogue box to confirm client: Covid-19 Voucher HS i. Walk-in client entered thru CE and Voucher produced. ii. If thru CE complete steps 1-10 iii. Print CE page with name and homeless status 2. If homeless or displaced, complete the Hotel Voucher process. * Issue date * Expiration date @ Total authorized nights of stay * Room number 3. Call Hotel and inform reception of client joining them from HopeSource. 4. Fax a copy of the voucher to the hotel and ask the client to check-in at the front desk * Confirm that HopeSource will contact them in the next 24 hrs. to complete intake * Review mea p an * Inform client the hotel is ready for them @ IF CLIENT SHOWS SIGNS OF FEVER, COUGHING, AND SHORTNESS OF BREATH FOLLOW STEPS 13 5. Call Hotel back and confirm the room number of clients. 6. Add room number to Voucher. 7. Email voucher to Program Manager through HelloSign requesting a signature for the new voucher. 8. Combine Documents (Voucher, CE page with client name and literally homeless status) and scan into housing file for Program Managers review. 9. Add client to hotel tracking sheet. 10. Each client's paperwork will be placed in a manila envelope with their names and kept with CE for Program Manager. 11. CE Specialist will review all CE/Front desk Vouchers (confirm they match) and schedule intakes within 72 hours for all newly placed clients under the voucher. 12. Intake Specialists complete Covid-19 Screening tool and intake forms Tab 1 and places them into folders and reviews with the Program Manager for next steps with the client. 13. If the client answers yes to 1-3 and has any illness listed for 5, they should be transported to the hospital for testing. 14. Utilize HelloSign to get signatures if the client has the technology and capability to do. If not, print off the intake packet and place it in the manila folder for the client's signature. * Tab pages needing signature from the client * Highlight sections needing signature from the client 15. Wellness checks will be conducted twice a week on Tuesdays and Thursdays 16. Signatures will be collected from the client at the first wellness check. 1 Moses Lake Council Packet 5-11-21, Page 95 of 120 p.< * Case managers should practice safety measures when handling these documents, using gloves, and sanitizing hands after handling. 17. The Program Manager will review all intakes and determine who will be brought on as clients and under what program they will receive case management. * Case managers will check in with clients via phone two to three times a week as necessa ry. 18. Each Monday Program Manager will confirm the extension of all vouchers and confirm with Hotel. 2 Moses Lake Council Packet 5-11-21, Page 96 of 120 p.5 HopeSource 700 E. Mountain View Ave. Sulte 501 Ellehsburg, WA 98926 (P) 509.925.1448 110 Pcrinsylvania Ave. Cle Elum, WA 98922 (P) 509.674.2375 (F) 509.674.5187 HopeSource Hotel Voucher THIS VOUCHER IS NOT TRANSFERABLE NO CASH BACK - NO SUBSTITUTION ONE VOUCHER PER ASSIST ANCE Issue Date Expiration Date Total Number of Nights Room# Person Completing Form This voucher authorizes housing at client listed below and the dates and number of nights shown above. For the Client name: This is a: (] CD [) [) Adult-only household (1 person) Adults-only household (2 people) Family with children ( adult[s] and Other( 5 child[ren]) If more than a one-person, adult-only household, names of others authorized to be housed with this voucher: 1. 2. 3. 4. This voucher is a letter of credit. To receive payment: Submit an invoice for the client named on this voucher showing dates of stay and including a copy of this voucher to: billinq@hopesource,us. Authorized signature: Moses Lake Council Packet 5-11-21, Page 97 of 120 From: To: Subject: Date: Brooke Richards FW: Letter of Support Homelessness Friday, April 9, 2021 1:33:50 PM John H. Rayrnond aaourau4e its coaa4imua ttiani coug*db. From: John Raymond Sent: Thursday, February 18, 20219:50 AM To: Taylor Burton <tburton@cityofml.com> Subject: Letter of Support Homelessness Taylor - FYI - Here is a letter of support for HopeSource from our Mayor. John John H. Raymor'id fimal.,...Liiaaare From: Bruce Tabb <U:ibt:'ib(Ei)ci.ellerisburs'i.:u;.i.t.i5> Date: February 18, 2021 at 9:22:03 AM PST To: dcurnel(ccityofml.com Subject: Homelessness Mayor Curnel, Hope that all goes better than it has. Certainly getting our County into Phase 2 is helpful not only for our businesses, but for schools, parents, and the students. My understanding is that you are in discussions with HopeSource to establish a more coordinated system to support and manage homelessness in the community. None of us have any magic wands which address and solve homelessness. With that said, I do think it important to build systems which are coordinated and build continuity and support as individuals move from homelessness to increased stability. HopeSource has worked with the County to effectively build and implement such systems. The City has partnered with the agency to push rental assistance out to community members at risk of eviction and invested City affordable housing dollars in a multi-family project to be built and managed by HopeSource. p.6 am not sure the nature or direction that your discussions will take, but I would suggest Moses Lake Council Packet 5-11-21, Page 98 of 120 p7 that a coordinated system works better to house and support people who are homeless as well as the community as a whole. Doing so can only help people and work to build a stronger healthier community. Please feel free to share this with your Council. I would be glad to chat if there are questions or issues which I can address. Thanks Bruce Tabb Mayor City of Ellensburg 509-899-0148 Sent from my iPad Moses Lake Council Packet 5-11-21, Page 99 of 120 p.8 February 18, 2021 Allison Williams City Manager, Moses Lake, Washington awilliams@citvofml.com 509-794-9949 cell RE: Letter or Support for Hopesource Homeless Services I have been associated with Hopesource in a variety of capacities for almost 15 years and am very familiar with their work with the homeless community, as well as their affordable housing projects. We have numerous agencies in our community that partner to support the homeless community, and Hopesource is the lead agency with a depth and strength of programming in this area. Hopesource is the CAP agency for our county and resultantly receives the majority of state and federal funding for addressing homelessness. They are a strong, well- organized agency with a very well-qualified and professional staff across their programs. Additionally, staff stay current with state programs and initiatives and is very well-informed on what is happening in this arena. Staff know and understand the needs of the residents of this county and can speak well to how their projects meet the most critical needs of the residents of the county. My first acquaintance with the agency was through my volunteer work on the Kittitas County Homeless and Affordable Housing Committee (KCHAHC). Our volunteer Committee was tasked with writing the first Homeless and Affordable Housing Strategic Plan for our county so we began meeting consistently with the various agencies to learn what activities and resources were there for the homeless population. Hopesource representatives played a strong role in educating committee members about homelessness, what it is, the root causes, the best practices for addressing the issue in a community, etc. Their input was invaluable to us. As our plan began to come together, we realized there was great work happening in the county, but there was very little interagency communication and program coordination happening. We soon organized a series oF community meetings, inviting all agencies and interested residents to the table to find a solution for this disconnect The Kittitas County Homeless and Affordable Housing Network was formed with a Board of Directors that included a broad-based representation from county agencies, churches, and citizens. With support from Hopesource providing a meeting place, AV support, and limited staff support, this Network met monthly, built strong partnerships and communication networks, and organized and annually sponsored the Community Connect Day for the homeless and low income Communities. Hopesource staff work well with all of the agencies in our county. The KCHAHC also structured a competitive grant process for our county agencies to build capacity and resources for the homeless as well as the at-risk for becoming homeless population. Hopesource successfully added capacity in services and housing for both of these populations over the past 15 years. One of their most successful programs is their rental assistance programs for the low income population. Funded by the KCHAHC for numerous years, the program provides financial support and services to those who qualify for this program. They have consistently served in excess oF 30 individuals every year. Their homeless housing programs are very successful. One of the outstanding projects funded by the KCHAHC for Hopesource is Spurling Place, a 49-unit structure for homeless housing in Ellensburg. The KCHAHC provided $500,000 match money to support their successful grant efforts to get this Moses Lake Council Packet 5-11-21, Page 100 of 120 p.9 housing in place. Scheduled to be ready for occupancy in Fall 2021, this housing will contribute tremendously in addressing the housing shortage in Kittitas County. Most recently I served the first two years of my Council term as the Chair of the newly- formed Ellensburg Affordable Housing Commission as the representative of the City Council. This Commission also created a grant process to fund affordable housing. In our first round of project proposals, Hopesource was funded by this Commission to build 5 units of affordable housing in an Ellensburg neighborhood.. That project, along with Spurling Place will greatly enhance the City's capacity to respond to the need for homeless housing. Additionally, when the COVID pandemic hit our county, Hopesource provided invaluable support to our Response Network, securing state grant funding to house and feed the homeless populations during the critical first months of the pandemic. They have worked tirelessly in numerous capacities during this past year supporting county and city efforts to battle the virus. Most recently, the agency authored a grant that is paying the rent to house our Cold Weather Emergency Homeless Shelter this winter. That is a triangulated endeavor involving Hopesource, the County Ministerial Association and Grace Episcopal Church. I hope this letter has provided insights and information that will be of help to you in moving forward with Hopesource providing services and resources in your community. While we do not have a large population of resident homeless, the work of Hopesource over the past several years is one of the reasons why. I appreciate the opportunity to share this information with you. If you have any questions, please do not hesitate to contact me. Respectfully, Nancy R. Goodloe Member, Ellensburg City Council 509-899-5028 Moses Lake Council Packet 5-11-21, Page 101 of 120 p.'io Ken Wade, OMef of Poffiiee I I I I I II I I I I i i I j i n:f i I i I I I i i i i i II i I il I I i I I Februaiy 16, 2021 Tbe Hoi'iorable Davicl C'tirnel Ma)ior of Moses Lake 40 l S J3alsam St. Moses l,ake, WA. 98837 Re: Letter of Stippoit - J-IopeSource Dear Mayor. HopeSource lias operated einergency and l'iomeless housing since 1967 in Kit-titas, and in Grant anct Clielan since 2014.H<:ipeSource lias acliieved an 83% success rate in inoving hon'ieless individuals and families into sustainable stableliousing aiid einployinei'it. It is based rin Housing First. wliicli is a homeless liousing strategy that bas proven tl'iat you needto liotise peolile first before you can realistically address barriers like employment, substance use disorder, domesticviolence. Only then can you stabilize tlie formerly liomeless indivicicial or faini)y so lliey can foctis on life skills, employi'nent, ai'id educatioi'i. I-TopeSotirce einergency sl'ielters are not designed to provide a place for people to relax am'l enjoy t'icing ii'idoors, tliey aredesigned to lielp people inove out of the s)'ieltcr and into t)'ieir owi'i l'iousing williin 45-90 days, and to worlc with casenianagers in goal setting, buc'igetii'ig, priority set'l:ing, successful work behavior, employment interview skills, proper 8roominH;, liow to open and maintain a bank accotint, balance a clieckbook, and eslablisl'i and n'iaintain good credit ratirigs.Once employed anci suppoiting their liousehold, clients are encouraged and assisted in fut'tliering tlieir education. Duriiig the early moi'itl'is oftl'ie COVID pai'ideinic, AiopeSource worked closely uiitli the ptililic licaltl'i departinent to liouseliomeless it'idividuals cir families in motels for qriarantine for 14 days. During ti'iat 14 days case i'iianagers were ablc to reunite seven (7) back to tl'ieir fainilies in of)'ier counties, twelve (12) svere !ioused and entered into tlie HopeSourcel'iousing prograin. During tl'ie 2020 Pie" Count wliile we did find some uns!ieltered l'iouseho)ds tliere were m') longer anylion'ieless encan'iptnents in our communities unlike prior )rears. HopcSotirce is a valued partner of tl'ie E]lensburg Police Department and through their hard work and dedication. we l'iavei'iiade tremendous progress oi'i lielpii'ig our liomelcss ai'id those less fortunate in our con'nnunil Sii'icerely, Ken Wade Cliief of Police Ellcnsburg Police Departrnent Ptione (809) 962-7280 * FAX (809) 962-7281 * !00 North Pearl 8treet, Ellensbur@ WA 98926Moses Lake Council Packet 5-11-21, Page 102 of 120 AGREEMENT BETWEEN THE CITY OF MOSES LAKE AND HOPESOURCE FOR ENHANCED SHELTER MANAGEMENT & UTILIZATION OF COVID-19 EMERGENCY SOLUTION GRANTS FUNDS THIS AGREEMENT, entered into this ____ day of ______, 2021, by and between the City of Moses Lake (herein called the “City”) and HopeSource (herein called the “Sub-Grantee”) WHEREAS, the City will receive funds through Grant County from the Washington State Department of Commerce’s (“Grantor”) COVID-19 Emergency Solution Grant Funds to provide funding to operate Rapid Re-Housing and Hotel Voucher programs for people who are experiencing homelessness; and WHEREAS, the City wishes to engage the Sub-Grantee to assist the City in utilizing such funds to develop the infrastructure to support the needs of the City’s chronically homeless populations; NOW, THEREFORE, it is agreed between the parties hereto that: I. Scope of Services A. Funds will be utilized to carry out the services set forth on the Grant County Plan to End Homelessness, attached as Exhibit A and incorporated herein and as revised or amended, and subject to the budget submitted to Grant County, attached as Exhibit B to this agreement and incorporated herein and as revised or amended and approved by Grant County. B. The Sub-Grantee agrees to provide services through a Rapid Re-Housing program and Hotel Vouchers, following all policies and criteria designated by the Department of Commerce under the Emergency Solutions Grant guidelines. C. The Sub-Grantee agrees to provide services to clients participating in Rapid Re-Housing or Hotel Voucher programs for the purposes of assessing the need for services, including intake in Coordinated Entry, Case Management, Housing Placement as applicable and available, Emergency health services, Emergency mental health services, transportation, services for special populations and Rapid Re-housing and Prevention. D. Sub-Grantee agrees to be subject to the Department of Commerce Grant guidelines incorporated herein by reference as may hereafter be amended. E. Sub-Grantee agrees to provide services in accordance with all health and safety guidelines established by the County’s Health Officer and other guidance as offered by the CDC, Department of Commerce and other governmental agencies. F. The Sub-Grantee shall establish and maintain administrative, financial, reporting and record keeping systems consistent with this Grant Agreement and the Department of Commerce requirements. Moses Lake Council Packet 5-11-21, Page 103 of 120 G. The following reporting/administrative activities are included as part of the Scope of Services: 1. Program Guidelines: The Sub-Grantee must develop and maintain updated program policies and procedures for the funded program/service. Within 30 days of the Sub-Grant award, the Sub-Grantee must submit a copy of the program policies/procedures to the City for review and make revisions as required to align with the Emergency Solutions Grant. 2. Progress Reports: The Sub-Grantee shall submit regular progress reports to the City in the form, content, and frequency as required by the City. Completed reports shall be submitted to the City contract representative once per month, no later than the 10th day of the month after the month of which the provision of services occurred. 3. Grantor Meetings: The Sub-Grantee agrees to send at least one agency representative to all mandated Grantor meetings unless specifically exempted. 4. Program Staff Training: Sub-Grantee staff who provide direct program services, supervise direct service staff, or manage homeless grants are required to attend professional development training at least once every three years. II. TIME OF PERFORMANCE Services of the Sub-Grantee shall start no earlier than the 1st day of April and shall end on the 31st day of December 2021. The term of this Agreement and the provisions herein may be extended at the City’s discretion to cover any additional time period during which grant funds remain unspent, the funded project has not been completed, and/or the minimum level(s) of program services have not been met. III. BUDGET A. The Sub-Grantee may charge eligible expenses in accordance with Exhibit B. B. Any general administration expenses shall be identified herein, and if any indirect costs are charged, the Sub-Grantee shall submit an indirect cost allocation plan for determining the appropriate Sub-Grantee’s share of administrative costs to the City for prior approval. Administrative expenses shall not exceed the limits imposed by the Department of Commerce. C. Administrative and facility support expenses cannot be billed by equal monthly distributions of the budget amount. These costs must be charged in compliance with the Department of Commerce requirements. D. Any amendments to the budget must be approved in writing by both the City and the Sub- Grantee and may be subject to approval by Grant County. E. In the event funding from state, federal, local, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant Agreement and prior to normal completion, the City may terminate the Grant Agreement under the “Termination for Convenience” clause, without the ten business day notice requirement. In lieu of termination, the Grant Agreement may be amended to reflect the new funding limitations and conditions. IV. INVOICING & PAYMENT Moses Lake Council Packet 5-11-21, Page 104 of 120 A. It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed three hundred and fifty thousand ($350,000) to include services for Rapid Re-Housing and providing Hotel Vouchers. B. Reimbursement requests for the payment of eligible expenses shall be made against the line item budgets specified in Section III herein and in accordance with performance. C. No payments in advance of or in anticipation of goods or services to be provided under this Grant Agreement shall be made by the City. D. The Sub-Grantee shall submit invoices on a monthly basis. Invoices are due on the 10th of the month following the provision of services. Invoices received after the 10th of the month will be held for payment until the City’s next regularly scheduled monthly billing cycle. If the 10th falls on a holiday or weekend, invoices will be due on the next business day. E. Invoices shall be submitted in a form provided by the City and shall include accompanying proof of expenses as documented by an expanded general ledger. F. Payment shall be considered timely if made by the City within thirty (30) calendar days after receipt of properly completed invoices. G. All services provided by the Sub-Grantee pursuant to this Grant Agreement shall be performed to the satisfaction of the City, as determined at the sole discretion of its authorized representative, and in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. The Sub-Grantee shall not receive payment for work found by the City to be unsatisfactory, or performed in violation of federal, state, or local law, ordinance, rule or regulation. Failure of the Sub-Grantee to comply with provisions of this Agreement may result in the withholding of future payments. H. The City reserves the right to withhold funds in an amount to compensate the City for the noncompliance in addition to any other remedies available at law in or in equity. I. The City shall not pay the Sub-Grantee, if the Sub-Grantee has charged or will charge the State of Washington or any other party under any other grant, subgrant/subcontract, or agreement for the same services or expenses. J. The Sub Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. V. RIGHT OF INSPECTION & PERFORMANCE MONITORING The Sub Grantee shall provide right of access to its facilities to the City, the Washington State Department of Commerce, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The City will monitor the performance of the Sub Grantee against this Agreement and, as applicable, for compliance with the Department of Commerce Grant Guidelines as may hereafter be amended. All Sub Grantee records with respect to any matters covered by this Agreement shall be made available to the City, the State, or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Substandard performance as determined by the City or the State will constitute noncompliance with this Agreement. The consequences of noncompliance are as follows: Moses Lake Council Packet 5-11-21, Page 105 of 120 A. If the City determines that the Sub Grantee is failing to comply with the Guidelines or Terms and Conditions, the City will notify the Sub Grantee in writing that the Sub Grantee will receive technical assistance and will be required to respond to a correction action plan to address and remedy the noncompliance. B. If the Sub Grantee remains out of compliance after the probationary period, the City may terminate the Grant Agreement per the Termination for Cause clause. VI. ADMINISTRATIVE REQUIREMENTS A. Financial Management/Accounting Standards: The Sub Grantee agrees to comply with standard accounting principles and procedures, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. The Sub Grantee agrees to be subject to periodic agency audits as requested by the City or other governmental agency. B. Insurance: 1. The Sub Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: a. Commercial General Liability Insurance Policy including contractual/grant liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant Agreement activity but no less than $2,000,000 aggregate per occurrence. Note: local Government Sub Grantees that Participate in a Self-Insurance Program - With prior approval from the City, the Sub Grantee may provide the coverage above under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from the City, the Sub Grantee shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self- insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GMP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3} the Washington State Auditor's annual instructions for financial reporting. Sub Grantees participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The State of Washington or the City of Moses Lake, its agents, and employees need not be named as an additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as an additional insured. b. Automobile Liability: In the event that performance pursuant to this Grant Agreement involves the use of vehicles, owned or operated by the Sub Grantee, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. 2. The insurance required shall be issued by an insurance company authorized to do business within the State of Washington. Moses Lake Council Packet 5-11-21, Page 106 of 120 3. Except for sub grantees participating in a self-insurance program, the insurance shall name the State of Washington and the City of Moses Lake, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. 4. The Sub Grantee shall submit to the City within 15 calendar days of the Grant Agreement start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant Agreement, the Sub Grantee shall submit renewal certificates not less than thirty (30} calendar days prior to expiration of each policy required under this section. 5. The Sub Grantee shall instruct its insurers to give the City thirty {30) calendar days advance notice of any insurance cancellation, non-renewal, or modification. VII. RECORDS MAINTENANCE/STORAGE/RET£NTION AND CLIENT CONFIDENTIALITY A. Records Maintenance: The Sub Grantee shall maintain all records that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: 1. Records providing a full description of each activity undertaken; 2. Records demonstrating that each activity undertaken meets one of the eligible activities of the COVID-19 Emergency Solutions Grant program; 3. Records demonstrating the eligibility of activity beneficiaries; 4. Records required to document the acquisition, improvement, use, or disposition of real property acquired or improved with City assistance; and 5. Financial records. B. Records Retention: The Sub Grantee shall maintain all books, records, documents, data and other evidence relating to this Grant Agreement and performance of services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant Agreement. Sub Grantee shall retain such records for a period of six years following the date of final grant payment. At no additional cost, these records shall be subject at reasonable times to inspection, review, or audit by the City, the Washington State Department of Commerce, personnel duly authorized by the City or Commerce, the Office of the State Auditor, and federal and state officials so authorized by law, regulation, or agreement. If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. The Sub Grantee must destroy paper records derived from the Homeless Management Information System {HMIS) which contain personally identifying information within seven (7) years after the last day the household received services from the Sub Grantee. Moses Lake Council Packet 5-11-21, Page 107 of 120 C. Confidentiality of Client Records: Sub Grantees shall maintain client records in a confidential manner as per RCW 43.18SC.030 and keep written records or files pertaining to clients under lock and key with only designated personnel granted access. VIII. GENERAL CONDITIONS A. Laws: The Sub Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended including, but not limited to: 1. Affirmative Action, RCW 41.06.020(1) 2. Boards of Directors or Officers of Non-profit Corporations - Liability- Limitations, RCW 4.24.264 3. Disclosure-Campaign Finances-Lobbying, Chapter 42.17 RCW 4. Federal Hatch Act 5 USC 1501-1508 5. Discrimination - Human Rights Commission, Chapter 49.60 RCW 6. Ethics in Public Service, Chapter 42.52 RCW 7. Office of Minority and Women's Business Enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC 8. Open Public Meetings Act, Chapter 42.30 RCW 9. Public Records Act, Chapter 42.56 RCW 10. State Budgeting, Accounting, and Reporting System, Chapter 43.88 RCW B. Americans with Disabilities Act ADA of1990 Public Law 101-336 also referred to as the "ADA” 28 CFR Part 35: The Sub Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. C. Licensing, Accreditation, and Registration: The Sub Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Grant. D. Prohibitions: 1. Sub Grantees may not require households to participate in religious services as a condition of receiving program assistance. 2. Sub Grantees may not deny emergency shelter to households that are unable to pay fees for emergency shelter. 3. If a program serves households with children, the age of a minor child cannot be used as a basis for denying any household's admission to the program. 4. If a program serves households with children, the program must serve all family compositions. 5. If a program operates gender-segregated facilities, the program must allow the use of facilities consistent with the client's gender expression or identity. E. Noncompliance with Nondiscrimination Laws: During the performance of the Sub Grant, the Sub Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations, and policies. In the event of the Sub Grantee's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, the Grant Agreement may be rescinded, canceled, or terminated in whole or part, and the Sub Grantee may be declared ineligible for further grants Moses Lake Council Packet 5-11-21, Page 108 of 120 with the City. The Sub Grantee shall, however, be given a reasonable time in which to remedy the noncompliance. F. Conformance: If any provision of this Grant Agreement violates any statute or rule of law of the State of Washington, it is considered to be modified to conform to that statute or rule of law. G. Independent Contractor: Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub Grantee shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. All payments for payroll taxes, unemployment contributions, FICA, retirement, life and/or medical insurance, Workers' Compensation Insurance and any other taxes or expenses for the Sub Grantee's staff shall be the sole responsibility of the Sub Grantee. H. Industrial Insurance Coverage: The Sub Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Sub Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the City may collect from the Sub Grantee the full amount payable to the Industrial Insurance Accident Fund. The City may deduct the amount owed by the Sub Grantee to the accident fund from the amount payable to the Sub Grantee by the City under this Grant, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&l's rights to collect from the Sub Grantee. I. Indemnification: To the fullest extent permitted by law, the Sub Grantee shall indemnify, defend, and hold harmless the City of Moses Lake, the state of Washington, the Washington State Department of Commerce, all other agencies of the state and all officials, agents, and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or resulting from the Sub Grantee's performance or failure to perform the Grant. The Sub Grantee's obligation to indemnify, defend, and hold harmless includes any claim by the Sub Grantee's agents, employees, or representatives. Commerce, the State of Washington, and the City of Moses Lake are not liable for claims or damages arising from the Sub Grantee's performance of the sub grant. The Sub Grantee's obligation to indemnify, defend, and hold harmless shall not be eliminated or reduced by any actual or alleged concurrent negligence of the City and State or its agents, agencies, employees, and officials. The Sub Grantee waives it immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the City and the state and its agencies, officials, agents, or employees. J. Assignability: Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Sub Grantee without prior written consent of the City. K. Subcontracts: 1. The Sub Grantee shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the City prior to the execution of such agreement. 2. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Agreement. The Sub Grantee shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Moses Lake Council Packet 5-11-21, Page 109 of 120 3. Every subcontract shall include a term that City of Moses Lake, the Washington State Department of Commerce, and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 4. The Sub Grantee is responsible to the City if the Subcontractor fails to comply with any applicable term or condition of this Agreement. The Sub Grantee shall appropriately monitor the activities of the Subcontract to assure fiscal conditions of this Agreement. In no event shall the existence of a subcontract operate to release or reduce the liability of the Sub Grantee to the City for any breach in the performance of the Sub Grantee's duties. 5. The Sub Grantee shall undertake to insure that all subcontracts let in the performance of this Agreement be awarded on a fair and open competition basis in accordance with applicable procurement requirements. 6. Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process. 7. If the City approves subcontracting, the Sub Grantee shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the City in writing may: (a) require the Sub Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Sub Grantee from subcontracting with a particular person or entity; or (c) require the Sub Grantee to rescind or amend a subcontract. L. Amendments: The City or Sub Grantee may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, are executed in writing, and are signed by a duly authorized representative of each organization. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Sub Grantee from its obligations under this Agreement. The City may, in its discretion, amend this Agreement to conform with state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the City and Sub Grantee. M. Termination for Cause: In the event the City determines that the Sub Grantee failed to comply with any term or condition of this grant, the City may terminate the Grant Agreement in whole or in part upon written notice to the Sub Grantee. Such termination shall be deemed "for cause''. Termination shall take effect on the date specified in the notice. Alternatively, the City upon written notice may allow the Sub Grantee a specific period of time in which to correct the non- compliance. During the corrective-action time period, the City may suspend further payment to the Sub Grantee in whole or in part, or may restrict the Sub Grantee's right to perform duties under this Grant. Failure by the Sub Grantee to take timely corrective action shall allow the City to terminate the Grant Agreement upon written notice to the Sub Grantee. If the Grant Agreement is terminated for cause, the Sub Grantee shall be liable for damages as authorized by law. N. Termination for Convenience: Except as otherwise provided in this Grant, the City may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant Agreement is so terminated, the City shall be liable only Moses Lake Council Packet 5-11-21, Page 110 of 120 for payment required under the terms of this Grant Agreement for services rendered or goods delivered prior to the effective date of termination. O. Termination Procedures: After receipt of a notice of termination, except as otherwise directed by the City, the Sub Grantee shall: 1. Stop work under the Grant Agreement on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants for materials, services, or facilities related to the Grant Agreement; 3. Preserve and transfer any materials, Grant Agreement deliverables, and/or City property in the Sub Grantee's possession as directed by the City. Upon termination of the Grant Agreement, the City shall pay the Sub Grantee for any service provided by the Sub Grantee under the Grant Agreement prior to the date of termination. The City may withhold any amount due as the City reasonably determines is necessary to protect the City against potential loss or liability resulting from the termination. The City shall pay any withheld amount to the Sub Grantee if the City later determines that loss or liability will not occur. The rights and remedies of the City under this section are in addition to any other rights and remedies provided under this Grant Agreement or otherwise provided under law. P. Governing Law and Venue: This Grant Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in Grant County, Washington. Q. Attorneys' Fees/Costs: Unless expressly permitted under another provision of this Agreement, in the event of litigation or other action brought to enforce Grant Agreement terms, each party agrees to bear its own attorneys' fees and costs. R. Publicity: The Sub Grantee agrees not to publish or use any advertising or publicity materials in which the City's, the State of Washington's, or Commerce's name is mentioned, or language used from which the connection with the City, State of Washington, or Commerce's name may reasonably be inferred or implied, without the prior written consent of the City or Commerce. S. Compliance with State Grant Program: Sub Grantee agrees to be subject to and to comply with all applicable terms set forth in the COVID-19 Emergency Housing Grant Program administered by the Washington State Department of Commerce incorporated herein by this reference. T. Order of Precedence: In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state of Washington statutes and regulations 2. The terms of the COVID-19 Emergency Housing Grant administered by the Washington State Department of Commerce 3. The terms of this Grant Agreement 4. Department of Commerce Guidelines 5. Sub Grantee Grant Proposal These documents are incorporated herein by reference and as may hereafter be amended IX. SEVERABILITY Moses Lake Council Packet 5-11-21, Page 111 of 120 If any term or provision of this Grant Agreement is illegal or invalid, the remainder of the Grant Agreement shall not be affected thereby, and all other parts of this Grant Agreement shall nevertheless be in full force and effect. X. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant Agreement unless stated to be such in writing and signed by an Authorized Representative of the City. XI. NOTICES Notices required by this Grant Agreement shall be in writing and delivered via mail (postage prepaid}, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: City Sub Grantee Allison Williams Susan Grindle 401 S. Balsam St 700 E Mountain View Ave. Suite 501 PO Box 1579 Ellensburg, WA 98926 Moses Lake, WA 98837 Moses Lake Council Packet 5-11-21, Page 112 of 120 XII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the City and the Sub Grantee for the use of funds received under this Grant Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Sub Grantee with respect to this Agreement. IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF MOSES LAKE HOPESOURCE By: __________________________ By: _______________________________ Name: Allison Williams Name: Susan Grindle Title: City Manager Title: CEO Fed. ID # 91814544 Attest: ____________________________ Name:_____________________________ Title: ______________________________ Moses Lake Council Packet 5-11-21, Page 113 of 120 Exhibit B The City of Moses Lake, through a contractual agreement with HopeSource, will provide funding assistance for the program operations to provide Rapid Re-Housing and Hotel Voucher programs. These programs will provide services that are defined within the Scope of Work and as guided by the Grant County Plan to End Homelessness and Department of Commerce Emergency Solutions Grant guidelines. The budget is split into eligible line-item expenses and defines the limit of allocated funds for the period of the agreement that this budget is attached to. Line Item Budget Amount Budget Notes Rapid Re-Housing $83,250.00 Assumes 15 RRH clients @ $925/mo x 4 mos + $1850 deposit Hotel Vouchers $53,200.00 Assumes 50 Voucher Clients @ $76/room night x 14 nights Personnel/Labor $146,450.00 Program Lead, Client Advocates, Program Support Program Expenses $22,494.83 Program Expenses, including training, outreach, supplies, etc. Administrative $33,729.00 Administrative Expenses TOTAL $349,733.83 Moses Lake Council Packet 5-11-21, Page 114 of 120 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Date: May 6, 2021 Proceeding Type: New Business Subject: 2021 Budget Appropriation Ordinance Legislative History: • First Presentation: • Second Presentation May 11, 2021 May 25, 2021 • Requested Action: First Presentation Overview The first budget amendment in 2021 is a combination of 2020 programs being carried forward, and new grants or initiatives since the 2021 budget was set. In some cases, there is additional revenue to support the additional expenditures, either in program revenues or grants. In those cases that are not supported by additional revenue, the fund balance is adequate to absorb the increase. The attached ordinance increases the 2021 budget for 8 funds resulting in citywide total expenditures of $1,671,650 and adds $115,000 to estimated revenue, resulting in a net use of fund balance of $1,556,650 in these funds. General Fund is proposed to increase by $366,650, with a revenue increase of $40,000, for a net use of beginning fund balance of $326,650. RCW 35.33.091 sets forth the requirements to amend the budget absent a true “emergency”. Often, fund amendments are primarily the result of things already approved by Council but just not completely incorporated in the current budget. Examples in the attached ordinance include Shoreline Master Plan and development code plans. Budgets being carried forward include the completion of the 2019 audit; the balance remaining in the Wellness budget; completion of the Comprehensive Plan; replacement of the Aquatic Center sound system; Museum exhibit/program funding; TRT support equipment; Homeless services commitments; the automated water meter project; vehicle purchases; and the completion of the financial and fixed asset systems that were on order or in progress at the end of 2020. New circumstances have also arisen that require additional funding, such as the needs identified in a review of airport operations. The Streets budget has a budget for 3 street plowing events per year. Since we have already had 2 such events in 2021, we are proposing to carryforward the unspent budget from 2020, in case there are 2 more heavy snows requiring plowing prior to this year-end. The schedule attached to the appropriation ordinance details all the changes. Moses Lake Council Packet 5-11-21, Page 115 of 120 Page 2 of 2 Fiscal and Policy Implications It is a compliance issue to have actual results be within the authorized appropriation. If we overspend an appropriation, the State Auditor’s Office would likely note it as an area of non- compliance with state laws. Council Packet Attachments A. Ordinance and Schedule 1 Finance Committee Review May 11, 2021 Legal Review N-A Options Option Results • Pass the Ordinance Increase the appropriation authority in each of the effected funds. • Modify the Ordinance Certain items could be removed or added to the ordinance • Do not pass the Ordinance Some funds may exceed the 2021 budget authority, potentially causing an audit compliance issue. Staff Recommendation Since this is the first presentation, staff recommends City Council consider the Ordinance and give direction for desired changes prior to the second presentation. Moses Lake Council Packet 5-11-21, Page 116 of 120 ORDINANCE NO. – First Presentation AN ORDINANCE AMENDING THE 2021 BUDGET FOR THE CITY OF MOSES LAKE; AND MAKING APPROPRIATIONS FROM UNAPPROPRIATED FUND BALANCES WITHIN VARIOUS FUNDS FOR EXPENDITURE DURING 2021 FOR VARIOUS PURPOSES AS DESCRIBED IN THE ATTACHED SCHEDULE Recitals: 1. The various funds indicated on the attached Schedule 1 contain Unappropriated Fund Balances available for appropriation and expenditures during 2021 in various amounts and for the purposes mentioned in the attached Schedule. 2. At the time of the adoption of the 2021 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Appropriations are hereby made, for expenditure during 2021, from Unappropriated Fund Balances in the various Funds to the various accounts and in the various amounts, and for the specific purposes, all as specified in the Schedule attached hereto and incorporated herein. Section 2. This ordinance is one making an appropriation and shall take effect immediately upon its passage and approval as provided by law. Section 3. The City Council declares that an emergency exists and this ordinance is deemed a public emergency ordinance necessary for the protection of public health, public safety, public property, or public peace and shall take effect immediately as provided by law upon one reading if a majority plus one of the whole membership of the City Council vote in favor of passage. Section 4. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. PASSED BY THE CITY COUNCIL, and signed and approved this 25th day of May, 2021. ______________________________________ David Curnel, Mayor Moses Lake Council Packet 5-11-21, Page 117 of 120 ATTEST: ____________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _____________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins Aye Nay Abstain Absent Date Published: June 1, 2021 Date Effective: June 6, 2021 Moses Lake Council Packet 5-11-21, Page 118 of 120 Account #Account Name Amount Description GENERAL FUND Executive 001-002-51810-0112 Temporary Salaries 22,000$ Human Resources backlog 001-002-51810-0411 Professional Services 20,000 Union Bargaining Support Finance 001-003-51423-0112 Temporary Salaries 12,000 Finance Backlog 001-003-51423-0411 Professional Services 75,000 Finish 19 audit-prepare 20 Financial Stmts Community Development 001-004-55860-0411 Professional Services 140,000 Comp, Shoreline, development code plans Misc. Services 001-006-51790-0411 Wellness-Professional Service 7,300 Carryforward balance of Wellness Budget 001-006-51890-0491 Minor Equipment 25,000 Downtown Business Support 001-006-51890-0491 Miscellaneous 3,350 Add ML to EDC statistic report Parks, Recreation & Cult Svcs 001-020-59476-0631 Improvements other than Bldgs 62,000 Aquatic Center Sound System Replacement Total General Fund Expenditures 366,650 Revenue 001-004-33458-1010 State Commerce Grant 40,000 Grant for Comprehensive Plan Prep. Net use of General Fund balance 326,650 GRANTS & DONATIONS Museum 103-103-57530-0411 Museum-Professional Services 10,000 Museum Exhibits/programs Police 103-103-52123-0351 Minor Equipment 70,000 TRT support equipment Total Grant & Donations Fund 80,000 HOMELESS SERVICES Expenditure 110-110-56540-0411 Professional Services 121,000 Homeless Program carryforward Revenue 110-000-33321-1000 Emergency Housing Grant 75,000 Net use of Homeless Services balance 46,000 STREETS (Operating) 116-116-54266-0483 Snow & Ice Control-contractor 30,000 Cover one snow plowing event WATER (Operating) 410-411-59434-0645 Water Meters 330,000 Carryforward Automated Meter project AIRPORT 495-495-54680-0411 Professional Services 40,000 Update Master Plan, etc. 495-495-54680-0483 Repair and Maintenance 10,000 Crack Seal Project 495-495-59446-0639 Other Capital Improvements 10,000 Replace Broken Beacon Pole Total Airport Fund 60,000 FLEET MANAGEMENT 519-519-59448-0641 Machinery & Equipment 60,000 3/4 Ton Truck-Building Maintenance 519-519-59448-0641 Machinery & Equipment 248,000 Flush truck/tanker-Streets/Stormwater 519-519-59448-0641 Machinery & Equipment 236,000 Replacement Ambulance Total Fleet Management Fund 544,000 City of Moses Lake 2021 Appropriation Schedule SCHEDULE 1 Appropriate out of unappropriated fund balances of the various funds and in the various amounts and for the purposes as described: 1 of 2 Moses Lake Council Packet 5-11-21, Page 119 of 120 Account #Account Name Amount Description City of Moses Lake 2021 Appropriation Schedule SCHEDULE 1 Appropriate out of unappropriated fund balances of the various funds and in the various amounts and for the purposes as described: CENTRAL SERVICES (IT) 517-517-51888-0354 Computer Software 120,000 Fin. System replacement (carryfwd & Amend ) 517-517-51888-0354 Computer Software 20,000 Cityworks-Carryforward & Interfaces Total Central Services Fund 140,000 Citywide Total Expenditures 1,671,650$ Revenues 115,000 Net 1,556,650$ 2 of 2 Moses Lake Council Packet 5-11-21, Page 120 of 120