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FINAL 2021 0608 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, June 8, 2021 Moses Lake Civic Center – 401 S. Balsam or remote access 4:30 p.m. Study Session - Council Rules of Procedure by Rob Roscoe, WCIA 5:30 p.m. Executive Session - Potential Litigation pursuant to RCW 42.30.110(1)(i) for 60 minutes 6:30 p.m. Study Session – Port of Moses Lake Activity and Developments - Don Kersey, Exec. Director Regular Meeting Agenda Call to Order – 7 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Summary Reports: Mayor’s Report -Letter of Support for Federal Judge Appointment Additional Business City Manager’s Report #1 - 1st Quarter Financial Report, page 3 -Review Comp Plan Housing Action Plan Draft Moses Lake Council Packet 6-8-21, Page 1 of 80 June 8, 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. #2 pg 15 a.City Council Meeting Minutes Dated May 25, 2021 b.Claims and Payroll c.Stredwick Water Right PSA #2 d.Electronic Signature Update Resolution 3855 e.Emergency Housing Grant Amendment f.Award Eka Lift Station Upgrades Old Business #3 Motion pg 63 Award Police Station Remodel Design Presented by Richard Law, City Engineer Summary: Council to review and consider approval New Business #4 Motion pg 77 Stratford Rd. Speed Limit Reduction Ordinance Presented by Richard Law, City Engineer Summary: Council to review and consider adoption Administrative Reports Council Communications and Reports Adjournment Next Regular Council Meeting is scheduled for June 22, 2021 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 6034 6024. 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 Council Packet 6-8-21, Page 2 of 80 MEMORANDUM June 4, 2021 To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Subject: 2021 1st Quarter Budget Revenue and Expenditure Report I am pleased to submit the City of Moses Lake’s 2021 first quarter actual results compared to budgeted revenue and expenditure report for all city funds. Beginning Fund Balances shown have been updated with the changes authorize by Council and other account corrections since the 2020 year-end report was presented, and are subject to final adjustments made as a result of the year-end closing process, which will not be officially concluded until the State Auditor’s work is completed this summer. Overall, the City budget is performing as expected through the first quarter of 2021. At the end of the first quarter 2021, we are seeing typical variances tied to timing of annual dues/assessments and property tax receipts, along with the slowdown of some operational and construction activity in the winter months. At last year’s first quarter mark we were wondering how the economic shutdown caused by the response to the COVID-19 virus would affect us. We thought we may need to use General Fund balance to make it through the year because of projected reductions in sales tax and other revenues. Fortunately, we made it through 2020 adding to the General Fund balance. As we gear up to open the economy back up, we are anticipating some limits on the summer parks and recreation programs which may reduce revenues. However, we are experiencing growth in sales tax from major construction projects. We will also likely experience savings in travel budgets, as many conferences are still happening remotely. Overall, we are not anticipating distress in our 2021 budget. This report is summarized by type of fund, and reported by functional type, and includes the following sections: •City-Wide Overview •General Fund Revenue Analysis •General Fund Expenditure Analysis •Other Funds Analysis •Exhibit I—Fund Detail that supports the Summaries Moses Lake Council Packet 6-8-21, Page 3 of 80 City-Wide Overview 2020 Adopted Percent Actual Budget Actual Rec'd General Fund 4,389,130$ 27,583,830$ 5,223,777$ 18.9% Operating/Enterprise Funds 8,381,417 35,795,909 8,320,232 23.2% Capital Improvement Funds 994,566 16,345,380 1,453,418 8.9% Risk Mgmt/Employee Benefit 181,750 971,100 873,800 90.0% Debt Service Funds 1,134,398 3,180,950 1,189,100 37.4% Total City Revenues 15,081,261$ 83,877,169$ 17,060,327$ 20.3% 2021 Revenue Comparison (Budget vs. Actual--25% of year) 2020 Adopted Percent Actual Budget Actual Spent General Fund 6,319,699$ 29,536,084$ 6,579,536$ 22.3% Operating/Enterprise Funds 7,463,593 38,666,593 7,557,506 19.5% Capital Improvement Funds 715,235 23,157,100 663,504 2.9% Risk Mgmt/Employee Benefit 688,990 1,032,500 803,342 77.8% Debt Service Funds 164,219 3,179,575 139,044 4.4% Total City Expenditures 15,351,736$ 95,571,852$ 15,742,932$ 16.5% Expenditure Comparison (Budget vs. Actual--25% of year) 2021 Moses Lake Council Packet 6-8-21, Page 4 of 80 General Fund Revenue Analysis Property Tax – The first half of the Property Tax assessment is due to the Grant County Treasurer by April 30, and the second half is due October 31. Therefore, the first quarter receipts are typically a small percentage of the annual budget. The budget was set based on assumptions of new construction and collection rates. Our actual levy for 2021 is $7,721,000, and the budget does not include the delinquent payment arrangement by a major taxpayer. At this point in time we have no indication that property taxes would not come in as anticipated. It should be noted that the increase from 2020 is because we received the first delinquent tax payment from the above-mentioned major taxpayer on January 10. Sales Tax –This major revenue source grew in 2019 to $7.20 million or 9.5% over 2018, as state law required even more remote sellers to remit sales tax directly to the state. We started 2020 with the uncertainty of the COVID economic shutdown, so we thought 2020 would be less than 2019 actual, but as the year unfolded, sales tax actually grew by 2% to $7.34 million. The 2021 budget was conservatively estimated to be about $140,000 less than 2020 actual. Through the 1st quarter, sales tax was 10.5% greater compared to the prior year, as we are starting to see sales tax from major construction projects around the City, so we are trending to exceed budget. 2020 20 vs 21 Adopted Percent Percent Actual Budget Actual Rec'd Change 310 Taxes Property Tax 152,393$ 7,664,700$ 516,356$ 6.7% 238.8% Sales Tax 1,790,246 7,200,000 1,977,938 27.5% 10.5% Sales Tax-Public Safety - 1,200,000 315,344 26.3% Utility Tax 935,051 3,279,900 915,731 27.9% -2.1% Gambling Tax 65,514 221,000 38,117 17.2% -41.8% Other Taxes 15,934 57,000 6,002 10.5% -62.3% Subtotal-Taxes 2,959,138 19,622,600 3,769,488 19.2% 27.4% 320 Licenses & Permits 163,112 825,600 278,566 33.7% 70.8% 330 Intergovernmental Revenues 122,631 1,250,330 152,482 12.2% 24.3% 340 Charges for Goods & Services 784,334 4,379,250 684,127 15.6% -12.8% 350 Fines and Penalties 127,897 656,300 265,908 40.5% 107.9% 360 Miscellaneous Revenues 232,017 349,750 73,205 20.9% -68.4% 390 Other Financing Resources - 500,000 - 0.0% Total General Fund Revenues 4,389,129$ 27,583,830$ 5,223,776$ 18.9% 19.0% 2021 General Fund Revenues As of March 31, 2021 - 25% of year Moses Lake Council Packet 6-8-21, Page 5 of 80 Property Tax – The first half of the Property Tax assessment is due to the Grant County Treasurer by April 30, and the second half is due October 31. Therefore, the first quarter receipts are typically a small percentage of the annual budget. The budget was set based on assumptions of new construction and collection rates. Our actual levy for 2021 is $7,721,000, and the budget does not include the delinquent payment arrangement by a major taxpayer. At this point in time we have no indication that property taxes would not come in as anticipated. It should be noted that the increase from 2020 is because we received the first delinquent tax payment from the above-mentioned major taxpayer on January 10. Sales Tax –This major revenue source grew in 2019 to $7.20 million or 9.5% over 2018, as state law required even more remote sellers to remit sales tax directly to the state. We started 2020 with the uncertainty of the COVID economic shutdown, so we thought 2020 would be less than 2019 actual, but as the year unfolded, sales tax actually grew by 2% to $7.34 million. The 2021 budget was conservatively estimated to be about $140,000 less than 2020 actual. Through the 1st quarter, sales tax was 10.5% greater compared to the prior year, as we are starting to see sales tax from major construction projects around the City, so we are trending to exceed budget. 2020 20 vs 21 Adopted Percent Percent Actual Budget Actual Rec'd Change 310 Taxes Property Tax 152,393$ 7,664,700$ 516,356$ 6.7% 238.8% Sales Tax 1,790,246 7,200,000 1,977,938 27.5% 10.5% Sales Tax-Public Safety - 1,200,000 315,344 26.3% Utility Tax 935,051 3,279,900 915,731 27.9% -2.1% Gambling Tax 65,514 221,000 38,117 17.2% -41.8% Other Taxes 15,934 57,000 6,002 10.5% -62.3% Subtotal-Taxes 2,959,138 19,622,600 3,769,488 19.2% 27.4% 320 Licenses & Permits 163,112 825,600 278,566 33.7% 70.8% 330 Intergovernmental Revenues 122,631 1,250,330 152,482 12.2% 24.3% 340 Charges for Goods & Services 784,334 4,379,250 684,127 15.6% -12.8% 350 Fines and Penalties 127,897 656,300 265,908 40.5% 107.9% 360 Miscellaneous Revenues 232,017 349,750 73,205 20.9% -68.4% 390 Other Financing Resources - 500,000 - 0.0% Total General Fund Revenues 4,389,129$ 27,583,830$ 5,223,776$ 18.9% 19.0% 2021 General Fund Revenues As of March 31, 2021 - 25% of year Moses Lake Council Packet 6-8-21, Page 6 of 80 Sales Tax-Public Safety – This represents the new voter approved tax that went into effect on April 1 of 2020. This funding source is over 25% received at the end of the 1st quarter, and should follow the general sales tax trends to meet and exceed current budget estimates. Utility Tax – This revenue source experiences fluctuations either from rate adjustments or fluctuations in usage. Even though increases are occurring in most of the utilities because of basic Consumer Price Index (CPI) rate increases, first quarter results are slightly below 2020 actuals, which can be explained by the continued trend to reduce land line telephones and select cellular phone packages with more data than voice service. However, we anticipated these trends, and in total Utility Tax is exceeding the 25% mark. Gambling Taxes -- This revenue stream has been negatively affected because of restrictions of in-person service at restaurants and bars. It should be noted, however, that Council reduced the card game tax rate over the next few years, so this is also expected to trend below the prior year actual. As the venues re-open we anticipate growth in this revenue source later in the year. Licenses and Permits – This revenue is generated by the development community and is difficult to budget because it is volatile by nature. 2021 1st quarter results are exceeding the budget estimate. Some large projects have already been processed, and the permit activity typically picks up during the warmer construction months. Strong permitting revenue is a pre- cursor to construction related sales tax, so this positive trend supports sales tax growth. Intergovernmental Revenue – The major components of intergovernmental revenue are State- shared revenue and the PUD Tax. We receive the PUD Tax in one lump sum in July, so the variance is simply timing. The state-shared revenues remained intact during the 2021 legislative session, so this revenue stream should come in as anticipated. This category also includes the federal COPS and SAFER grants, which weren’t billed in time to be included in the 1st quarter report. It should be noted that any additional grant moneys would be deposited into this category. Charges for Goods and Services primarily consist of: •Fees charged for Parks and Recreation Programs; •The City Administrative fee charged to funds for the services provided by the executive branch and finance; •Engineering services charged both to internal projects and external developers; and •School Resource Officers reimbursed by Moses Lake School District Both the Parks and Recreation programs and Engineering services are not as active in the winter months, so this is below the 25% mark through the first quarter, but typically ramps up through the summer months. The Parks and Recreation revenue may be affected by the COVID 19 social distancing rules, but we are not sure for how long, or at what percentage reduction. Moses Lake Council Packet 6-8-21, Page 7 of 80 Fines and Penalties consist almost entirely of fines generated by the red-light camera program. The prior year was reduced because the economic shutdown relieved any traffic congestion, and school was not in session for much of the year, reducing the number of tickets issued in school zones. We lowered the 2021 budget estimates because of these trends, but the 1st quarter actual is trending to exceed the budget and return to pre-2020 levels. Miscellaneous Revenues include interest earnings on investments and facility rentals. This category is significantly less than prior year actual primarily because of lower interest rates for investments. It should be noted interest revenue comes into General Fund throughout the year and we only allocate interest out to funds once at the end of the year. Other Financing Resources is made up primarily of a transfer from the Water Department of excess maintenance and operating charges as authorized by RCW 35.23.535. This transfer is also done at the end of the year, so is showing no actual through the first quarter. Summary --Overall, the first quarter 2021 General Fund revenue came in at $5,223,776 which is 18.9% of the total year budget. It is below the 25% mark primarily due to the timing of the annual property tax collection. If a quarter of the property tax budget was added in, General Fund would be at about $6.6 million, which approximates the General Fund expenditures to date. Total revenue grew by $834,647 or 19.0% over the first quarter 2020 actual of $4,389,129. This increase can be explained primarily by the receipt of delinquent property taxes on January 10, and a full quarter of the new public safety sales tax. Moses Lake Council Packet 6-8-21, Page 8 of 80 General Fund Expenditure Analysis In total, General Fund Expenditures for the first quarter are 2.7% below the 25% mark and increased by 4.1% compared to the prior year. Much of the increase is tied to moving the transfer to the Risk Management 100% into the 1st quarter because the liability insurance premiums are due in January, and timing of professional services and capital improvements (such as the 2019 audit, the comprehensive plan work, and the aquatic center audio system replacement). There was also a significant decrease in year-over-year actuals in the divisions that occupy the Civic Center, (i.e. Legislative, Executive, Finance, and the museum in Parks, Recreation & Cultural Services) because one of the debt service payments was paid off completely the end of 2020, so debt service transfers were reduced. Since General Fund is over 59% staffing, events effecting total payroll have a significant impact on budgets. Position vacancies may start out being an “overage” because of the cashout of earned accrued leave balances, but then can produce savings when the position is vacant for any length of time. Many variances in individual divisions are the result of position vacancies. Finance is over 25% spent and experiencing an increase from 2020 because of the timing of professional services. The 2019 financial statement preparation and audit expense would typically have been completed in last half of the prior year, but was pushed into the 1st quarter of 2021. 2020 20 vs 21 Adopted Percent Percent Actual Budget Actual Spent Change Legislative 86,670$ 290,061$ 67,474$ 23.3%-22.1% Executive 252,663 890,750 207,692 23.3% -17.8% Finance 274,396 1,084,572 306,916 28.3% 11.9% Community Development 341,419 1,790,088 434,823 24.3% 27.4% Legal 40,491 187,600 33,238 17.7% -17.9% Misc. Services 513,357 1,900,990 515,395 27.1% 0.4% Library 19,734 67,300 16,323 24.3% -17.3% Engineering 523,482 2,183,723 536,157 24.6% 2.4% Parks, Rec & Cultural Services 1,293,745 6,974,983 1,435,651 20.6% 11.0% Police 1,944,492 9,274,654 2,059,977 22.2% 5.9% Fire 1,029,250 4,891,363 965,890 19.7% -6.2% Total General Fund Expenditures 6,319,699$ 29,536,084$ 6,579,536$ 22.3% 4.1% 2021 As of March 31, 2021 - 25% of Year General Fund Expenditures Moses Lake Council Packet 6-8-21, Page 9 of 80 Community Development is still under 25% of the budget in the first quarter, however, they are experiencing an increase from prior year actual. Reasons include position vacancies in the prior year being filled in 2021, the new Homeless/Grants Coordinator starting in mid-2020 (to be funded partially by new recording fee revenue), and the comprehensive plan related professional services which didn’t get underway until mid-2020. The major component in the Miscellaneous Services budget is the General Fund transfers to Streets and Debt Service funds. The transfers are accelerated in the 1st quarter to Debt Service so there is sufficient funding to pay debt service when it comes due. Some of the outside agency payments are also done once a year in the 1st quarter (such as the Health District assessment and Senior Center support). Parks, Recreation & Cultural Services is below the 25% mark because of program timing—the aquatic center doesn’t open until the 2nd quarter. Moses Lake Council Packet 6-8-21, Page 10 of 80 Other Funds Analysis First quarter 2021 results generally performed as expected. Positive variances in capital funds are related to timing of major projects, as well as capital components in operating funds (such as Building Maintenance and Stormwater capital projects and fleet purchases). Debt Service funds only have interest payments due in the first quarter—principal payments are typically scheduled for later in the year so the fund can build up the necessary balance. Debt Service revenue is over 25% because we transfer most debt service in the first 2 quarters, so funding is available when debt service comes due (the new LOCAL debt has not been set, so a transfer has not been done for that expense). Insurance premiums are due at the first of the year, so the Risk Management/Employee Benefit fund category is 81.8% spent already. The year over year change in this category is to match the revenue to the timing of the premium to keep the Risk Management Fund with a positive fund balance at March 31. The Unemployment Compensation Fund is the only fund with a negative fund balance at the end of the 1st quarter. This temporary overrun of ($14,442) will turn around when the 2nd quarter revenue transfer is completed. Hotel/Motel tax started the year low, but we are seeing an upturn in the 2nd quarter. Once again events have been/may be cancelled, but we have received guidance from MRSC that if valid expenses were made, they can be reimbursed. We will monitor the reduction in expenses to see if 2020 20 vs 21 Adopted Percent PercentRevenuesActualBudgetActualto Budget Change Operating/Enterprise Funds 8,381,417$ 35,795,909$ 8,320,232$ 23.2% -0.7% Capital Improvement Funds 994,566 16,345,380 1,453,418 8.9% 46.1% Risk Mgmt/Employee Benefit 181,750 971,100 873,800 90.0% 380.8% Debt Service Funds 1,134,398 3,180,950 1,189,100 37.4% 4.8% Subtotal-Revenue 10,692,130$ 56,293,339$ 11,836,550$ 21.0% 10.7% Expenditures Operating/Enterprise Funds 7,463,593$ 38,666,593$ 7,557,506$ 19.5% 1.3% Capital Improvement Funds 715,235 23,157,100 663,504 2.9% -7.2% Risk Mgmt/Employee Benefit 688,990 1,032,500 803,342 77.8% 16.6% Debt Service Funds 164,219 3,179,575 139,044 4.4% -15.3% Subtotal-Expenditures 9,032,037$ 66,035,768$ 9,163,396$ 13.9% 1.5% 2021 Other Funds Revenues and Expenditures As of March 31, 2021 - 25% of Year Moses Lake Council Packet 6-8-21, Page 11 of 80 it roughly matches the reduction in revenues. If needed, we can allocate some of the City’s portion to meet all these obligations. Conclusion Overall, first quarter results are performing as expected. Most variances from the 25% mark are related to timing. All funds have a healthy fund balance coming out of the COVID 19 economic shutdown. Even without the property tax distribution, we added $1,317,395 to the citywide fund balances, and all funds (except for the Unemployment Compensation Fund discussed above) had positive fund balances on March 31, 2021. Staff will continue to monitor operating results and recommend changes if warranted. Moses Lake Council Packet 6-8-21, Page 12 of 80 Exhibit 1CITY OF MOSES LAKE2021 Actual vs. Budget Variance25% of year completed1st Quarter 202101/01/212021 Budget- 2021 YTD2021 2021 YTD 2021 03/31/21Actual Begin.Adopted Actual %Adopted Actual % (Use) Gain of EndingFund BalRevenues Revenues ReceivedBudget Expenditure Expended Fund Balance Fund BalanceGeneral FundLegislative290,061$ 67,474$ 23.3%Executive890,750 207,692 23.3%Finance1,084,572 306,916 28.3%Community Development1,790,088 434,823 24.3%Legal187,600 33,238 17.7%Misc. Services1,900,990 515,395 27.1%Library67,300 16,323 24.3%Engineering2,183,723 536,157 24.6%Parks & Recreation6,974,983 1,435,651 20.6%Police9,274,654 2,059,977 22.2%Fire4,891,363 965,890 19.7%Total General Fund5,874,998$ 27,583,830$ 5,223,777$ 18.9%29,536,084 6,579,536 22.3% (1,355,759)$ 4,519,239$ Other Operating/EnterpriseTourism Activities -102 745,575 621,000 115,064 18.5%569,400 70,420 12.4% 44,644 790,219 Grants & Donations -103 765,940 84,400 30,487 36.1%138,800 34,244 24.7% (3,757) 762,183 Homeless Services -110578,000 135,253 23.4%377,700 91,806 Paths & Trails - 114 101,292 2,000 486 24.3%26,000 -0.0%486 101,778 Streets - 116668,091 2,510,000 581,222 23.2%2,568,315 607,868 23.7% (26,646) 641,445 Transportation Benefit District - 170 556,767 1,681,000 469,067 27.9%1,850,000 462,500 25.0%6,567 563,334 Water/Wastewater Operating - 410 2,075,849 13,078,600 2,619,476 20.0%13,331,075 3,131,855 23.5% (512,379) 1,563,470 Sanitation -490343,788 4,490,000 1,205,360 26.8%4,499,300 592,886 13.2% 612,474 956,262 Stormwater - 493514,464 964,000 244,941 25.4%1,294,646 241,864 18.7%3,077 517,541 Airport - 49596,645 202,000 - 0.0%234,609 1,517 0.6%(1,517) 95,128 Ambulance - 498621,497 2,873,300 1,001,724 34.9%3,496,021 850,990 24.3% 150,734 772,231 Central Svc - 517498,924 1,823,800 455,950 25.0%1,831,805 462,371 25.2%(6,421) 492,503 Equipment Rental -5192,663,786 4,113,009 768,002 18.7%5,048,691 625,346 12.4% 142,656 2,806,442 Build Maint -5281,085,649 2,774,800 693,200 25.0%3,400,231 383,839 11.3% 309,361 1,395,010 Total Other Operating/Enterprise10,738,267 35,795,909 8,320,232 23.2%38,666,593 7,557,506 19.5% 762,726 11,457,546 cjj 06/03/21 11:52 AM 2021 1st qtr actual vs budget 5 28 21.xlsx1 of 2Moses Lake Council Packet 6-8-21, Page 13 of 80 Exhibit 1CITY OF MOSES LAKE2021 Actual vs. Budget Variance25% of year completed1st Quarter 202101/01/212021 Budget- 2021 YTD2021 2021 YTD 2021 03/31/21Actual Begin.Adopted Actual %Adopted Actual % (Use) Gain of EndingFund BalRevenues Revenues ReceivedBudget Expenditure Expended Fund Balance Fund BalanceCapital ImprovementStreet Repair/reconst -119 2,069,361 2,715,900 723,030 26.6%4,205,000 403,500 9.6% 319,530 2,388,891 Parks & Recreation Improvement-314 300,057 12,000,000 233,768 1.9%11,500,000 76,324 0.7% 157,444 457,501 Park Mitigation Capital Proj-315 705,082 79,480 -152,100 --705,082 Water Rights - 4711,934,340 109,120 1,000,000 -109,120 2,043,460 Water/Sewer Construction-4777,875,568 1,550,000 387,500 25.0%6,300,000 183,680 2.9% 203,820 8,079,388 Total Capital Improvement12,884,407 16,345,380 1,453,418 8.9%23,157,100 663,504 2.9% 789,914 13,674,321 Risk Mgmt/Employee Benefit ReservesUnemployment Compensation - 501 14,795 54,300 -51,500 29,237 56.8% (29,237) (14,442) Risk Management -503444,019 873,800 873,800 100.0%926,000 765,207 82.6% 108,593 552,612 Firemen's Relief & Pension - 611352,388 43,000 - 0.0%55,000 8,898 16.2%(8,898) 343,490 Total Employee Benefit Reserves811,202 971,100 873,800 90.0%1,032,500 803,342 77.8%70,458 881,660 Debt ServiceLOCAL Borrowing 21/22 - 282914,000 -- 914,000 -0.0%GOB 2016 Refunding-286184,433 376,800 188,400 50.0%376,733 38,167 10.1% 150,233 334,666 Water-Sewer 2011 Bond-4508,306 565,000 341,000 60.4%563,400 8,856 1.6% 332,144 340,450 Bond Reserve-2011 451567,600 ---567,600 Water-Sewer 2004 Bond-4527,044 682,000 338,125 49.6%682,600 83,500 12.2% 254,625 261,669 Water-Sewer 2004 Bond Reserve-453 701,500 --701,500 PWTF W/S Debt Serv - 48520,177 567,150 283,575 50.0%567,192 -0.0% 283,575 303,752 2015 GO Bond Redempt- 4877,629 76,000 38,000 50.0%75,650 8,521 11.3%29,479 37,108 Total Debt Service1,496,689 3,180,950 1,189,100 37.4%3,179,575 139,044 4.4% 1,050,056 2,546,745 Total City Budget31,805,564$ 83,877,169$ 17,060,327$ 20.3%95,571,852$ 15,742,932$ 16.5% 1,317,395$ 33,079,511$ cjj 06/03/21 11:52 AM 2021 1st qtr actual vs budget 5 28 21.xlsx2 of 2Moses Lake Council Packet 6-8-21, Page 14 of 80 MOSES LAKE CITY COUNCIL May 25, 2021 EXECUTIVE SESSION Mayor Curnel called an Executive Session at 6:30 p.m. to be held for 30 minutes pursuant to RCW 42.30.110(1)(i) to discuss potential litigation. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7:02 p.m. by Mayor Curnel with audio remote access. Special notice for attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Curnel; Council Members Myers, Eck, Riggs, Liebrecht, and Hankins. Deputy Mayor Jackson joined the meeting remotely. PLEDGE OF ALLEGIANCE Council Member Riggs led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Eck moved to approve the Agenda as presented, second by Council Member Hankins. The motion carried 7 – 0. SUMMARY REPORTS MAYOR’S REPORT AWC Online Conference Voting Delegates The annual business meeting will be held online on June 24 from 10 to 11:30 a.m. Mayor Curnel, Council Members Riggs and Eck volunteered to attend the meeting. (Council Member Eck declined following the meeting and City Manager Allison Williams will fill the third delegate spot) Columbia Basin Development League Letter of Support The City is sending a third letter of support for the Columbia Basin Development League’s recent request for U.S. House Community Project funding for the Odessa Ground Water Replacement Program to Senator Cantwell’s office. CITY MANAGER’S REPORT Comprehensive Plan/TIP Update The City has been working with consultants to update the transportation element of the Comp Plan. The Transportation Improvement Plan (TIP) lists the streets, sidewalks, trails and projects that need to get completed to implement the Comp Plan. The TIP is on the Consent Agenda for setting the Public Hearing date for June 22. Federal Funding Letters of Support Thanks to the support from our community we received letters of support with very short notice last week for Federal funding requests of several major infrastructure projects. Moses Lake Council Packet 6-8-21, Page 15 of 80 Hansen Rd. Development Agreement The current development agreement provides for the design of Hansen Rd, but not the construction. Hayden Homes approached the City about being reimbursed for the half street if they fully constructed Hansen Rd. Staff would like to bring forward an ordinance to amend the development agreement to have the roadway constructed and the City reimburse Hayden Homes for half of the costs. Action Taken: Council Member Liebrecht moved to support drafting an ordinance to amend the Hansen Rd. Development Agreement, second by Council Member Eck. The motion carried 7 – 0. PUBLIC HEARING #1 Neighborhood Meeting Ordinance 2973 This ordinance requires developers to host a neighborhood meeting when certain types of development take place. The purpose of the meeting is to provide an opportunity for the applicant to inform the neighborhood about a project early in its planning stages and ensure the applicant pursues early citizen participation. Mayor Curnel opened the public hearing at 7:18 p.m. Citizen Mark Fancher provided comments to Council and the hearing was closed at 7:26 p.m. Action taken: Council Member Liebrecht moved to adopt Ordinance 2973, an ordinance amending Chapter 20.09 titled Review and Approval Process, to add a new section 20.09.015 titled Neighborhood Meetings, second by Council Member Riggs. The motion carried 6 – 1. Council Member Myers was opposed. CONSENT AGENDA #2 a. City Council meeting minutes dated May 11, 2021b.Claim Checks 151861 – 152018 in the amount of $1,194,624.88; Payroll Checks63694 through 63704 in the amount of $5,724.89; and Electronic Payments datedMay 14, 2021 in the amount of $472,647.46 c.Moses Lake School District Joint Facility Use ILA d. Set Public Hearing for Annual Six Year TIP Resolutione. Award Valley Rd. Signal Replacementf.Accept Sydney Development MP Improvements Resolution 3854g.Accept LAD Irrigation Well 21 Repairs h.Accept Marina View PUD Final Plat Council Member Liebrecht asked to remove item (d) for discussion. She expressed a concern regarding the road diets in the TIP. Several Council Members and citizen Judy Madewell commented against road diets designation on Valley Rd. Council requested a future Study Session regarding road diets. Item (d) was placed back on the Consent Agenda for the vote. Action taken: Council Member Eck moved to approve the Consent Agenda as presented, second by Council Member Myers. The motion carried 7 – 0. Moses Lake Council Packet 6-8-21, Page 16 of 80 OLD BUSINESS #3 2021 Budget Amendment Ordinance 2971 The first budget amendment of 2021 is a combination of 2020 programs being carried forward and new grants or initiatives since the 2021 budget was set. Action taken: Council Member Riggs moved to adopt Ordinance 2971 as presented, second by Council Member Eck. The motion carried 7 – 0. #4 Council and Board Procedures Ordinance 2972 The new draft of the Council and Board Procedures 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. Action taken: Council Member Hankins moved to adopt Ordinance 2972 as presented, second by Council Member Riggs. The motion carried 7 – 0. #5 Maple Grove Planned Development District Ordinance 2974 The Moses Lake Hearing Examiner reviewed the preliminary plat and Planned Development District (PDD) at a public hearing on February 9, 2021. On March 9, 2021, the City Council remanded the PDD back to the Hearing Examiner to consider new information that may impact the conditions of approval. The Hearing Examiner is now recommending approval of the PDD with conditions. Action taken: Council Member Hankins moved to adopt Ordinance 2974 establishing the Maple Grove Planned Development District as conditioned with exclusion of item d in Section 3, second by Council Member Myers. The motion carried 7 – 0. NEW BUSINESS #6 Douglas County Fire Protection District 5 Purchasing ILA Entering into a purchasing cooperative with Douglas County Fire District 5 will give potential competitive pricing benefits for both the City and the Fire District. Action taken: Council Member Riggs moved to authorize the City Manager to execute a contract with Douglas County Fire District for a Purchasing Cooperative as presented, second by Council Member Eck. The motion carried 7 – 0. #7 Misc. Sewer Repairs Bid Rejection One bid was received that exceeded the Engineer’s Estimate by $147k. Staff would like to revisit the projects and rebid. Action taken: Council Member Myers moved to reject any and all bids received for the Misc. Sewer Repair project, second by Council Member Liebrecht. The motion carried 7 – 0. #8 Reinhard Short Plat Waiver, Deferral, and Deviation The Moses Lake Hearing Examiner held a public hearing on April 13, 2021, to consider Moses Lake Council Packet 6-8-21, Page 17 of 80 deviation, deferral, and waiver requests by Northwest Properties, LLC on the Reinhard Short Plat. Action taken: Council Member Myers moved to approve the Hearing Examiner recommendations as presented, second by Council Member Eck. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Airport Business Public Works Division Director Mike Moro has distributed new leases following the verification of tenant parcels and billing for commercial versus non-commercial. A Capital project list is also being developed to address deferred maintenance and to support the expansion that will be brought forward to Council at a later date. The Airport Board requests authorization to relinquish the Richeson tenant lease. They are also requesting authorization to have a consultant provide an assessment to change the CARB Loan from the approved used tank application to a new fuel tank. Action taken: Council Member Liebrecht moved to approve the recommendations of the Airport Board, second by Deputy Mayor Jackson. The motion carried 7 – 0. Homeless Clean-up Project Community Development Department staff and HopeSource have developed a community clean-up program with the homeless program participants. COUNCIL COMMUNICATIONS AND REPORTS Yonezawa Sister City Anniversary Celebration The delegation visiting from Yonezawa Japan has been put on hold due to the current COVID-19 pandemic. The Sister City Anniversary Celebration is now being planned for the spring of 2022. Mayor Curnel stated he was happy to see competition for the election of City Council, that this shows a renewed interest in the City, and he appreciates those who stepped up to run for Council. ADJOURNMENT The regular meeting was adjourned at 8:20 p.m. ______________________________________ David Curnel, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-8-21, Page 18 of 80 To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Council Meeting Date: June 6, 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 152019 - 152262 $1,799,820.49 Payroll Checks 0063705 - 0063758 $11,387.22 Electronic Payments Payroll ACH –5/28/2021 $501,539.76 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 6-8-21, Page 19 of 80 TOTALS BY FUND: FUND NO 001 102 103 110 116 119 314 315 410 471 477 490 493 495 498 501 503 517 519 528 611 623 631 City of Moses Lake Tabulation of Claims Paid Council Meeting Date 6/8/2021 FUND NAME GENERAL FUND TOURISM GRANTS AND DONATIONS HOMELESS SERVICES STREET STREET REPR/RECON PARK & RECREATION IMPROVEMENTS PARK MITIGATION CAPITAL PROJECTS WATER/SEWER WATER RIGHTS WATER SEWER CONSTRUCTION SANITATION STORM WATER AIRPORT AMBULANCE UNEMPLOYMENT COMPENSATION INSURANCE SELF-INSURANCE CENTRAL SERVICES EQUIPMENT RENTAL BUILDING MAINTENANCE FIRE PENSION DEPOSIT STATE TOTAL AMOUNT 251,408.48 870.63 16,449.05 11,357.24 40,241.66 58,770.57 288,607.78 219,801.72 329,659.56 289,667.71 368.86 2,874.65 20,186.36 11,230.89 215,746.84 16,804.95 2,899.91 22,873.63 $ 1,799,820.49 Moses Lake Council Packet 6-8-21, Page 20 of 80 Check 152019 Don Garrison 152020 Janelle Sword 152021 Luther Stowers 152022 Margaret Hinshaw 152023 A & H Printers Inc Name 152024 A-L Compressed Gases Inc 152025 AAA Readymix Inc 152026 AARDVARK 152027 Abadan Tri Cities 152028 Ag West Distributing Co Inc 152029 Airgas Usa 152030 American Linen Inc 152031 Barbara Harris 152032 Basin Bark 152033 Basin Septic Services Inc 152034 Battery Systems Inc 152035 BCV Inc 152036 Berk Consulting 152037 Besse Medical Supply 152038 Big Bend Community College 152039 Bonnie Long 152040 Bound Tree Medical LLC 152041 Business Interiors & Equip Inc 152042 Carol Cross 152043 cascade Natural Gas Corp 152044 Central Manufacturing Inc 152045 Centurylink 152046 Coaxsher, Inc. 152047 Coban Technologies Inc 152048 Cobies Fine Dry Cleaning 152049 Columbia Basin Herald 152050 Columbia Bearing Bdi 152051 Confluence Health 152052 Consolidated Disposal Service 152053 Consolidated Electric Dist Inc 152054 Copiers Northwest Inc 152055 Crewsense LLC 152056 CSWW, Inc 152057 Databar Inc 152058 Deborah Goodrich Chittenden 152059 E F Recovery LLC 152060 Eastern Cascade Dist 152061 EMS Connect, LLC 152062 Eurofins Eaton Analytical Inc 152063 Faber Industrial Supply 152064 Fastenal Company 152065 Ferguson Enterprises Inc #3007 152066 Fire Mountain Farms Inc 152067 Galls LLC 152068 Gay D. Taylor City of Moses Lake Checks Issued with Summary Description For June 8, 2021 Council Meeting Check Amount $ 765.58 1,033.49 738.25 362.59 281.84 54.74 123.58 125.26 1,901.92 43.86 867.49 284.65 29.40 86.18 1,306.82 901.08 59,805.74 11,190.00 9.20 190.00 100.00 988.39 642.21 283.50 454.24 1,193.53 3,618.09 3,586.35 20,032.32 19.03 570.05 36.25 100.00 60.48 319.88 59.35 99.99 375.00 2,567.37 25.20 4,427.30 34.20 240.00 1,328.50 258.21 2,470.42 966.08 110,621.25 2,399.66 224.00 Check Date Invoice Description 5/30/2021 Retirement benefits May 2021 5/30/2021 Retirement benefits May 2021 5/30/2021 Retirement benefits May 2021 5/30/2021 Retirement benefits May 2021 5/30/2021 Business cards for 3 employees 5/30/2021 Contact tips, pliers 5/30/2021 Concrete 5/30/2021 TRT equipment 5/30/2021 Maintenance Service 5/30/2021 COUPLER 5/30/2021 GAS METER 5/30/2021 LINEN SERVICE 5/30/2021 CONSIGNMENT SALES 5/30/2021 BARK 5/30/2021 BLUE HERON 5/30/2021 Battery 5/30/2021 PEl Crack Seal -2021 Project 5/30/2021 housing action/comp plan April 2021 5/30/2021 MEDICAL SUPPLIES 5/30/2021 Flagger Certification 5/30/2021 MONTHLY STIPEND -MAY 2021 5/30/2021 MEDICAL SUPPLIES 5/30/2021 PRINTER MAINTENANCE-PARKS OFFICE 5/30/2021 CONSIGNMENT SALES 5/30/2021 PARKS 5/30/2021 Asphalt Patch 5/30/2021 2908 april 21 telephone services 5/30/2021 WILDLAND PACKS 5/30/2021 Police In-Car Video Systems 5/30/2021 DRY CLEANING 5/30/2021 advertisement 5/30/2021 Vbeits 5/30/2021 EMPLOYMENT RELATED TESTING 5/30/2021 MEDICAL WASTE DISPOSAL 5/30/2021 Wire 5/30/2021 equipment maintenance contract 5/30/2021 STAFFING SOFTWARE SUPPORT 5/30/2021 INSECT CHEMICALS 5/30/2021 Mail Utility Bills 5/30/2021 CONSIGNMENT SALES 5/30/2021 PATIENT CARE BILLING 5/30/2021 drinking water 5/30/2021 PARAMEDIC TRAINING PROGRAM 5/30/2021 Sample Testing 5/30/2021 Supplies -Stratford Rd Project #A-816 5/30/2021 Misc Supplies 5/30/2021 Zinc Anode Rods 5/30/2021 Pay Est 1 Biosolids Land App Project 5/30/2021 Fire/Ambulance Uniforms 5/30/2021 MUSEUM CONSIGNMENT SALES -ARTIST PAY Moses Lake Council Packet 6-8-21, Page 21 of 80 152069 Grainger Parts Operations 1,551.41 5/30/2021 Motor 152070 Grant County Commissioners Office 3,000.00 5/30/2021 emergency housing grant admin fees 4/21 152071 Grant County EDC 30,000.00 5/30/2021 Annual Membership Dues 152073 Grant County Title Company 108.40 5/30/2021 Northshore Lift Station -2020 Project 152074 Grant County Treasurer 910.67 5/30/2021 Liquor Excise Tax 2% 152075 Hannah Clair Allen 58.08 5/30/2021 MAC CONSIGNMENT 152076 HDR Engineering, Inc 6,208.26 5/30/2021 Risk and Resiliency Assessment 152077 Home Depot Pro (Supplyworks) 2,111.38 5/30/2021 Brooms 152078 Hopesource 16,449.05 5/30/2021 emergency housing April 2021 152079 lbs Inc 65.99 5/30/2021 Power bits 152080 Inland Publications, Inc 654.00 5/30/2021 LTAC AD 152081 Jerry Johnson 31.50 5/30/2021 CONSIGNMENT SALES 152082 Jerrys Auto Supply 59.51 5/30/2021 ABSORBANT 152083 Jims Lock Service LLC 135.29 5/30/2021 Lockset 152084 Kaman Fluid Power LLC 15.19 5/30/2021 1" GHT Gaskets 152085 Katherine Ps Kenison 15,160.00 5/30/2021 City Attorney Services 4/2021 152086 Lad Irrigation Company Inc 4,657.06 5/30/2021 EQUIPMENT RENTAL 152087 Lake Auto Parts 29.48 5/30/2021 Wire Nut 152088 Lakeside Disposal & Recycling 242,502.13 5/30/2021 Lakeside April 2021 Report 152089 Lance, Soll & Lunghard, LLP 4,920.00 5/30/2021 Finance Fin Stmt Support April 2021 152090 Laveta Boyce 34.30 5/30/2021 CONSIGNMENT SALES 152091 Martin Schempp 159.94 5/30/2021 CONSIGNMENT SALES 152092 McCain, Inc. 669.92 5/30/2021 Valley & Central Signal Cabinet Replace. 152093 Mckesson Dba Moore Medical LLC 297.35 5/30/2021 MEDICAL SUPPLIES 152094 Moon Security Services Inc 325.20 5/30/2021 evidence alarm service charge 152095 Moses Lake Steel Supply 60.59 5/30/2021 18 GA CR Sheet/Shear Labor 152096 Motorola Solutions Inc· 3,252.00 5/30/2021 crime reports subscription 152097 Norco Enterprises Inc 1,491.20 5/30/2021 CYLENDER RENTAL 152098 Northstar Chemical Inc 4,696.83 5/30/2021 hydrochloric acid 152099 Oxarc Inc 18.35 5/30/2021 Gloves 152100 Paramount Supply Company 42.21 5/30/2021 SUPPLIES 152101 Parker Corporate Services, Inc 6,304.50 5/30/2021 guard service at sleep center april 21 152102 Perteet, Inc. 20,687.50 5/30/2021 Transportation plan consultant 152103 Pollardwater.Com 2,615.79 5/30/2021 Swivel Adapters 152104 Proctor Sales, Inc 108.40 5/30/2021 Backflow Certification 152105 Protect Youth Sports 855.70 5/30/2021 BACKGROUND CHECKS 152106 Prothman 2,894.00 5/30/2021 finance director replacement search 152107 Pud Of Grant County 98,318.99 5/30/2021 elec service 2021 152108 Quill Corporation 319.13 5/30/2021 breakroom coffee 152109 Racom Corporation 135.20 5/30/2021 Service/Parts Install Coax Kits 152110 Rdo Equipment Co. 200.59 5/30/2021 Flex Tines 152111 Redflex Traffic Systems Inc 39,930.87 5/30/2021 monthly redflex 152112 Rells Fire Equipment Inc 230.89 5/30/2021 Fire Alarm System Monitoring 152113 Rexel Use Dba Platt Electric 1,165.45 5/30/2021 Gas Detectors/Calibration 152114 RH2 Engineering Inc. 23,728.55 5/30/2021 On Call Engineering Services 152115 Robert E. Stoffregen, MA PS 5,242.77 5/30/2021 check ins 152116 Rotschy Inc 1,179.20 5/30/2021 Suncrest Sewer Force Main Connection 152117 Sara Hofer 28.00 5/30/2021 CONSIGNMENT SALES 152118 Schindler Elevator Corp 715.18 5/30/2021 Elevator maintenance 152119 Sea Western Inc 341.02 5/30/2021 STATION BOOTS-WALKER 152120 Sherwin-Williams 304.27 5/30/2021 PAINT 152121 SHI International, Inc 4,141.80 5/30/2021 netmotion annual renewal 2021 152122 Shirtbuilders Inc 3,149.49 5/30/2021 TBALL SHIRTS 152123 Skaug Brothers Parent Vendor 183.36 5/30/2021 MISC SUPPLIES 152124 Starchase LLC 570.00 5/30/2021 star chase extended warranty Moses Lake Council Packet 6-8-21, Page 22 of 80 152125 State Auditors Office 152126 The DOH Associates 152127 The Driftmier Architects Ps 152128 The Lifeguard Store 152129 Tlg Properties LLC (Joe Garro) 152131 Util Undrgrnd Location Center 152132 Verizon Wireless 152133 W S Darley & Company 152134 WA St Criminal Justice Trng 152135 Wash Wildlife & Rec Coalition 152136 Weinstein Beverage Company 152137 Western Sys Refuse Street Mgmt 152138 Whitney Equipment Company Inc 152139 Wilbur Ellis Company 152140 Wm Washington Collections 152141 Zoll Medical Corp 152142 Metropolitan Transportation Co 152143 Department of Licensing 152144 Farmers Electric 152145 1207/1209 Mitchell Ave LLC 152146 1207/1209 Mitchell Ave LLC 152147 Adalberto & Araceli Suarez 152148 Adrock Realty 152149 Alexander & Devin Town 152150 Alva Ann Dillman 152151 Anitra & Juan Castillo 152152 Anthony Hafner 152153 Anthony Toto 152154 Buck & Denise Varney 152155 Carlos A Henriquez Flores 152156 Catamount Properties 2018 LLC 152157 Charles & Elizabeth Ellis 152158 Chris Hare 152159 Daniel & Rebecca Sandeno 152160 Dee Dee Hoffer 152161 Department of Ecology 152162 Derek Johnson 152163 Dillon Massey 152164 Doonan Plastering Inc 152165 Doonan Plastering Inc 152166 Dora Deleon Saravia & Kevin Deleon 152167 Duane & Gina Zamora 152168 Elizabeth M Leon 152169 Eric Temple 152170 Ervin & Phyllis Welters 152171 Fire Mountain Farms Inc 152172 Fredrick Gene Edwards 152173 Greg Graffe 152174 Inocencio Ortiz 152175 Jameson & Rachelle Lange 152176 Jeffery & Dorita Skoubo 152177 Jesus & Analillia Guerrero 152178 Jose Quezada 152179 JosephJ.Karrer 152180 Joseph Van Cleve 4,422.21 13,761.78 7,113.72 863.48 3,100.00 229.62 11,433.55 4,194.59 400.00 250.00 1,159.66 460.31 21,289.74 1,654.18 43.63 941.93 1,500.00 163,061.41 305,479.22 160.00 150.00 107.00 190.84 146.76 112.40 249.08 201.59 38.18 36.56 101.45 307.98 164.99 143.74 170.89 134.44 50.00 79.98 97.55 100.40 146.84 150.87 27.85 200.76 34.77 32.78 23,205.76 134.80 30.36 181.88 150.22 139.70 222.73 171.59 224.51 93.49 5/30/2021 CAFR/Financial Audit 5/30/2021 Rec Center Negotiations 5/30/2021 Larson Rec Center Design 5/30/2021 RESCUE TUBES 5/30/2021 JUNE TLC LEASE PAYMENT 5/30/2021 Underground utility locates 5/30/2021 Telephone service April 2021 5/30/2021 FIRE SHELTERS 5/30/2021 training class fee 5/30/2021 Membership 5/30/2021 TOILET PAPER 5/30/2021 Misc parts 5/30/2021 Pump 5/30/2021 MISC SUPPLIES 5/30/2021 MEDICAL WASTE DISPOSAL 5/30/2021 MEDICAL SUPPLIES 6/1/2021 StreetSaver software annual subcription 6/2/2021 Tabs/Registration for Ladder Truck 239 6/4/2021 Pay Est 1 Water Telemetry 2020 Proj. 6/2/2021 Refund Utility Overpayment 6/2/2021 refund utility overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 water/Powerade for crew-refund 6/2/2021 Refund Utility Overpayment-Lakeside 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Boot Reimbursement 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Treatment Operator Cert Application 6/2/2021 Refund Utility Overpayment 6/2/2021 Boot Reimbursement 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 retainage release 6/2/2021 Refund Utility Overpayment 6/2/2021 ICMA Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment Moses Lake Council Packet 6-8-21, Page 23 of 80 152181 Joshua L. Fitts 152182 Kevin Starcher 152183 Michael & Carlene O'Konek 152184 Michael Kithens 152185 Natalie Araya 152186 Notary Public Program 152187 Notary Public Program 152188 Rocky Desert Properties LLC 152189 Roy & Gayle Blakenbaker 152190 Russell D Cate 152191 Sarah Perri 152192 Scott K Thomas 152193 Suglani Hotels LLC 152194 Susan & Gerald Workman 152195 Timothy & Sandra McDonald 152196 Timothy Neagle 152197 University of Washington Lab Medicine 152198 A & H Printers Inc 152199 AM Hardware Company Inc 152200 A-L Compressed Gases Inc 152201 Abe Hydraulics 152202 Ag West Distributing Co Inc 152203 Battery Systems Inc 152204 Bud Clary Ford LLC 152205 Bud Clary Toyota Chevrolet 152206 Carquest Auto Parts 152207 Central Machinery Sales Inc 152208 Centurylink 152209 Centurylink 152210 Columbia Electric Supply 152211 Consolidated Electric Dist Inc 152212 Copiers Northwest Inc 152213 Correct Equipment 152214 CSWW, Inc 152215 Dept Of Ecology 152216 Dobbs Peterbilt-Moses Lake 152217 ESQ Solutions Inc 152218 Eurofins Eaton Analytical Inc 152219 Faber Industrial Supply 152220 Fastenal Company 152221 General Fire Apparatus Inc 152222 Grainger Parts Operations 152223 Grant Co Solid Waste 152224 Grant County Treasurer 152225 Hach Company 152226 Hot Springs Spa & Leisure Inc 152227 Industrial Software Solutions 152228 Inland Body & Paint 152229 Jerrys Auto Supply 152230 Jims Lock Service LLC 152231 Kent D. Bruce Co LLC 152232 Kevin Fuhr 152233 Konica Minolta Business Sol 152234 Lake Auto Parts 152235 Leon & Keeble, Inc 77.37 227.97 118.88 41.98 243.84 15.00 15.00 71.98 250.00 1,211.66 170.18 145.48 475.44 160.94 169.02 135.92 52.00 119.24 56.74 244.71 223.05 5.38 1,133.59 496.37 275.90 50.73 639.13 67.05 336.07 157.56 456.70 167.41 943.05 508.31 5,601.68 147.13 388.70 1,397.80 62.68 867.54 237.94 515.72 40,549.43 229.27 1,022.56 128.94 13,192.28 79.78 740.47 29.81 631.30 42.16 101.85 64.66 267,732.28 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 notary public endorsement application 6/2/2021 Notary Public Endorsement Application 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Ambulance Refund-Medicare paid 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 Refund Utility Overpayment 6/2/2021 pre employment testing 6/3/2021 business cards 6/3/2021 Keytags 6/3/2021 Misc supplies 6/3/2021 Misc parts 6/3/2021 Elbows 6/3/2021 Vehicle Electrical Unit 6/3/2021 Repair, Check engine light is on 6/3/2021 Checked seat belt system/parts 6/3/2021 FLOOR DRY 6/3/2021 Gutter BroomStock 6/3/2021 telephone service april 2021 6/3/2021 luman-water shutoff notifications 6/3/2021 Misc supplies 6/3/2021 Indicating light/lens 6/3/2021 equipment contract fees 6/3/2021 Misc parts 6/3/2021 Misc Supplies 6/3/2021 Biosolids Annual Permit Fee (FY 2021) 6/3/2021 Panoramic Manual Mirror 6/3/2021 SOFTWARE APPLICATIONS 6/3/2021 Sample Testng 6/3/2021 MISC SUPPLIES 6/3/2021 Misc Supplies 6/3/2021 Backup Camera 6/3/2021 Door closer 6/3/2021 Landfill Dumping Fees 6/3/2021 Tax Assess. 1 parcel first half 2021 6/3/2021 Misc supplies 6/3/2021 Poles/Pool Brushes/Net 6/3/2021 Scada 6/3/2021 Body Repair 6/3/2021 Blower Motor Resistor 6/3/2021 SUPPLIES 6/3/2021 Panorama 5-in-l \Antenna 6/3/2021 employee reimbursement 6/3/2021 Equipment Contract fees 3/26/21-3/25/22 6/3/2021 Exhaust cap 6/3/2021 Pay Est 1 Larson Rec Center Project Moses Lake Council Packet 6-8-21, Page 24 of 80 152236 Les Schwab Tire Center 152237 Moon Security Services Inc 152238 Moses Lake Steel Supply 152239 Multi Agency Comm Center E911 152240 Northstar Chemical Inc 152241 Norton Corrosion Limited LLC 152242 Oasis Auto Spa /Thomas Jackson 152243 Oreilly Auto Parts 152244 Original Watermen Inc 152245 Owen Equipment Company 152246 Oxarc Inc 152247 Pollardwater.Com 152248 Quill Corporation 152249 Racom Corporation 152250 Rexel Use Dba Platt Electric 152251 Shirtbuilders Inc 152252 Stoneway Electric Supply 152253 Stopstick Ltd 152254 Transunion Risk & Alternative 152255 Uline 152256 Ups Freight 152257 US Bancorp 152258 Wash Recreation & Park Assoc 152259 Western Sys Refuse Street Mgmt 152260 William Scotsman, Inc 152261 Grant County Auditor 152262 Grant County Treasurer Report Total $ 8.13 230.57 264.93 52,609.05 875.00 1,034.00 892.50 1,347.20 884.30 146.07 17.45 877.44 133.60 17,451.69 136.12 1,654.79 487.21 4,131.12 172.68 972.38 86.32 7,699.36 2,520.00 9.97 1,355.25 105.50 10.00 1,799,820.49 6/3/2021 Plug Repair 6/3/2021 June evidence alarm monitoring 6/3/2021 Misc supplies 6/3/2021 June law calls 6/3/2021 Sodium Hypochlorite Well No. 24 6/3/2021 2021 Inspection Cathodic Protection Sys. 6/3/2021 Car Washes-April 6/3/2021 Brake Clean 6/3/2021 RECREATION SUPPLIES 6/3/2021 Cartridge-Hyd FilterStock 6/3/2021 Nitrogen 6/3/2021 Gate Valves 6/3/2021 HR Supplies 6/3/2021 Mobile Radios Per NASPO Contract 6/3/2021 Replacement Lens 6/3/2021 APPAREL 6/3/2021 Bushings 6/3/2021 stop sticks 6/3/2021 investigation costs 6/3/2021 supplies 6/3/2021 shipping and service charges 6/3/2021 Equipment lease payment -April 2021 6/3/2021 MEMBERSHIP RENEWAL 6/3/2021 Misc parts 6/3/2021 mobile office/ramp rental at sleep center 6/3/2021 Re-record parcel #s for airport buildings 6/3/2021 Re-record parcel #s for airport buildings Moses Lake Council Packet 6-8-21, Page 25 of 80 STAFF REPORT To: Mayor David Curnel, Council Members From: Allison Williams, City Manager Date: June 2, 2021 Proceeding Type: Consent Agenda Subject: Stredwick Land LLC Purchase and Sale Agreement Legislative History: •First Presentation: June 8, 2021 •Second Presentation: •Action: Motion authorizing purchase Overview The City has been working to develop new sources in the shallow Moses Lake aquifer to build source redundancy as a hedge against long-term reliability issues in the deep Moses Lake aquifer that currently supplies the City. This strategy requires confirmation of authority of long-standing City water right claims and purchasing and transferring existing water rights in that aquifer. City Council previously approved several purchases which are proceeding through permitting/authorization. One additional Purchase and Sale Agreement is detailed below: 1.Stredwick Land LLC: The City plans to purchase up to 40 afy at $2,500 / af of Certificate 1372-A for a total purchase price of $108,000. The City will put a portion of the purchase price in escrow, and the balance will be due on a per acre-foot basis approved by Ecology up to the full amount of the water right at Closing. Closing is expected to occur in late 2021 or early 2022 for these PSA’s following Ecology review. Fiscal and Policy Implications The City has a water rights fund from which the purchase amount would be drawn. Adequate fund balance exists for this purchase. Council Packet Attachments A. Purchase and Sale Agreement Finance Committee Review June 8, 2021 Moses Lake Council Packet 6-8-21, Page 26 of 80 Legal Review Type of Document Title of Document Date Reviewed PSA Stredwick Land LLC May 2021 Options Option Results •Authorize the Purchase and Sale Agreement City Council authorizes the City Manager to execute the agreement •Take no action.The City would not acquire the water rights Action Requested City Council has authorized staff to pursue water rights purchases within available budgets to serve future growth. Staff recommends entering into the purchase and sale agreement. Moses Lake Council Packet 6-8-21, Page 27 of 80 WATER RIGHT PURCHASE AND SALE AGREEMENT THIS WATER RIGHT PURCHASE AND SALE AGREEMENT ("Agreement") is entered into as of the ___day of May, 2021 between the City of Moses Lake, a municipal corporation ("Moses Lake” or “the City" or “Buyer”) and Stredwick Land LLC, A Washington limited liability company ("Seller"), collectively termed "The Parties". This PSA memorializes the terms and conditions for the City’s agreement to purchase water rights from the Seller. The Parties agree as follows: 1.Description of Water Right – Background. Seller is the owner of Parcel 161467000 and a portion of a certain legally-established Water Right, described by the Department of Ecology (Ecology) as Certificate 1372-A, which authorizes the use of water from a well for irrigation of up to 40 acres west of the City. Said right was issued by Ecology in 1953 with a priority date of 1949. The Parties understand that Seller owns land to which 10 acres and 40 acre-feet/year (afy) of this water right are appurtenant. 2.City Authority. The City has authority to enter into this PSA as a municipal entity with responsibility for managing water within its jurisdiction. The City is interested in purchasing the Seller’s portion of the above-referenced water right authority, inclusive of all instantaneous and annual quantities that are valid under Ecology’s interpretation and the laws of the State of Washington that can be transferred for municipal use by the City, subject to the conditions set forth in this Agreement. 3.Purchase Price. The purchase price shall be based on $2,700 / afy. If 40 afy are found valid and transferred to the City, the total purchase prices shall be one hundred and eight thousand dollars ($108,000). In the event that Ecology finds a different quantity valid and transferrable, the purchase price shall be $2,700 / afy times the annual quantity transferred. 4.Due Diligence Period. Buyer shall have 60 days from the date of mutual execution of and delivery of this Agreement to perform a due diligence review of the Water Right and water use information from the Seller (Due Diligence Period). Seller acknowledges that Buyer’s due diligence review of the Water Right (Due Diligence) will include evaluation by Buyer and consultation with the State and Ecology as to the nature, extent, quantity, and validity of the Water Right. Seller shall provide or make available to Buyer the following items within five (5) business days after execution of this Agreement: 1. Copies of all appraisals, surveys, evaluations, or audits of the Water Right; 2. All documents reflecting Seller’s use of the Water Right, including without limitation, irrigation records, crop records, aerial photographs, energy records or power bills, and tax records; 3. Any other documents and information in the possession or control of Seller and pertaining to the Water Right; and 4. All other items which Buyer deems reasonably necessary to conduct its review of the Water Right. Buyer may consult with Ecology on the likely success of the proposed transfer during the Due Diligence Period and throughout the term of this Agreement. If Buyer is unsatisfied with the documents provided, it may terminate this Agreement with no further commitment or liability to the Seller. If Buyer is satisfied with the documents provided, it shall deposit Earnest Money into Escrow as described more fully below. The purchase of this Water Right pursuant to this Agreement is expressly conditioned on the receipt of Moses Lake Council Packet 6-8-21, Page 28 of 80 the necessary final, non-appealable approvals from Ecology, on terms and conditions satisfactory to Buyer in its sole discretion, for change and transfer of said Water Right. 5.Escrow Holder. The Parties designate Cascadia Law Group, located at 1201 3rd Ave, Seattle, WA 98101 to serve as Escrow Holder hereunder ("Escrow Holder"). Within 30 days of execution of this PSA, Buyer shall provide a fully executed counterpart of this Agreement to Escrow Holder along with executed written escrow instructions and open the escrow account. Within 30 days following the conclusion of the Due Diligence Period to the Buyer’s satisfaction, Buyer shall deposit $10,000 Earnest Money into Escrow, which shall be credited against the final purchase price to the Seller if Ecology approves the transfer to Buyer’s satisfaction, or refunded in full to the Buyer if said transfer is denied or is not approved by Buyer. 6.Ecology Approval. Upon expiration of the Due Diligence Period, Buyer shall have twelve (12) months to seek Ecology Approval to transfer and use the Water Right for Buyer’s purposes (the “Transfer Application Period”). Buyer’s obligation to proceed to Closing and to the purchase the Water Right is expressly made contingent on obtaining the Approval, unless Buyer waives said condition as provided in Section 7 below. Seller will cooperate with Buyer in obtaining the Water Rights Approval and will, at Buyer’s request, sign any applications necessary for such Ecology approval. Seller is responsible for timely preparing their portion of the water right for transfer by securing signed Administrative Division statements from other landholders situated within the Place of Use of the subject water right. Seller agrees to execute affidavits from one or more individuals attesting to historical use of water to provide evidence regarding the nature, extent, and validity of the Water Right or to obtain the same from previous owners and provide to Buyer. In response to any questions or requests for additional information from Ecology, Seller will cooperate with Buyer by providing additional information or documents, allowing access and physical inspection to the land on which the Water Right was used, and taking other reasonable actions necessary to obtain approval. In the event that Buyer experiences a delay in obtaining necessary State and Ecology approvals, through no fault of Buyer, then Buyer may extend the Transfer Application Period for an additional six (6) months. Buyer shall provide written notice to Seller and Escrow Holder of such Transfer Application Period extension. 7.Conditions Precedent to Closing. Buyer’s obligations under this Agreement are expressly conditioned on, and subject to satisfaction of the following conditions precedent: 7.1 Performance by Seller. Seller shall have timely performed all obligations required by this Agreement to be performed by Seller. 7.2 Representations and Warranties True. The representations and warranties of Seller contained herein shall be true and correct as of the Closing Date. 7.3 Title. Buyer shall have reviewed and approved the condition of title to the Water Right. 7.4 Ecology Approval. Buyer shall have determined in its sole discretion that it has obtained the Water Rights Approval during the Transfer Application Period. The foregoing conditions contained in this Section 7 are intended solely for the benefit of Buyer. If any of the foregoing conditions are not satisfied, Buyer shall have the right at its sole election either to waive the condition in question and proceed with the purchase or to terminate this Agreement upon written Moses Lake Council Packet 6-8-21, Page 29 of 80 notice to Seller and Escrow Holder whereupon this Agreement shall automatically terminate, the Earnest Money Payment shall be refunded in full to Buyer, and neither party hereto shall have any further rights or obligation hereunder. 8.Title to Water Right. Seller shall convey to Buyer at Closing marketable fee simple title to the Water Right by execution and delivery of a statutory warranty deed to the Water Right in form and substance satisfactory to Buyer and Buyer’s counsel, free and clear of all liens, exceptions, and other encumbrances except those approved by Buyer during the Due Diligence Period. Seller represents and warrants that as of the date of this Agreement, there are no liens, exceptions, or other encumbrances which affect the Water Right. Buyer shall have the right, at its election and sole cost and expense to obtain a policy of title insurance from Cascadia Law Group with liability in the amount of the Purchase Price insuring Buyer that upon Closing, fee simple title to the Water Right will be vested in Buyer. 9.Operations Pending Closing. Seller hereby agrees from and after the date hereof until the Closing or the termination of this Agreement to perform all of its material obligations under any existing mortgages, leases, contracts, licenses, and permits that may be applicable to the real property to which the Water Right is appurtenant. 10.Seller Actions Regarding Water Right. Seller shall not take or permit any action that could be construed as abandonment or relinquishment of the Water Right in whole or in part. 11.Condition of Title. Seller hereby agrees from and after the date hereof until the Closing or the termination of this Agreement that Seller will not: (a)Take any action that will adversely affect title to the Water Right or the property to which said Water Right is appurtenant; (b)Lease, rent, mortgage, encumber, or permit the encumbrance of all or any portion of the Water Right or the property to which said Water Right is appurtenant; without the prior written consent of Buyer, which Buyer may grant or withhold in its sole and absolute discretion. 12.Closing. The Closing hereunder (“Closing”) shall be held and delivery of all items to be made at the Closing under the terms of this Agreement shall be made at the offices of the Escrow Holder ten (10) business days following expiration of the Transfer Application Period (e.g, which includes final Ecology Approval and the running of all appeal periods) or such other date as Buyer and Seller may mutually agree in writing (the “Closing Date”). All documents shall be deemed delivered on the date that the Deed(s) conveying the Water Right is recorded. 12.1 Delivery by Seller. On or prior to the Closing Date, Seller shall deposit with the Escrow Holder the following: (a) Statutory Warranty Deed conveying fee simple title to the Water Right free and clear of all liens, encumbrances, or other defects in substantially the same form set forth in Exhibit A duly executed and acknowledged by Seller in recordable form, and ready for recordation on the Closing Date together with a duly executed real estate excise tax affidavit; (b) Affidavit executed by Seller that satisfies Section 1445 of the United States Internal Revenue Code regarding foreign investors (the “FIRPTA Affidavit”). The purpose of the FIRPTA (26 U.S.C. 1445) is to collect taxes due on sale of real estate owned by foreign individuals or entities which do not pay US taxes. This Affidavit is a statement by the Seller that they are not a foreign investor and pay taxes to the Moses Lake Council Packet 6-8-21, Page 30 of 80 United States Internal Revenue Service. (c) Confirmation of warranties made by Seller under this Agreement; (d) Such resolutions, authorizations, certificates, or other documents or agreements relating to Seller as shall be reasonably required by Buyer, Escrow Holder, or Title Company in connection with this transaction. 12.2 Delivery by Buyer. On or prior to the Closing Date, Buyer shall deposit with Escrow Holder the Purchase Price, in cash or immediately available funds, less the value of the Earnest Money Payment pursuant to Section 5. 12.3 Costs and Expenses. Seller shall pay any and all real estate excise taxes and cost of any documentary or other transfer taxes applicable to the sale of the Water Right. Buyer shall pay the cost of the premium for a policy of title insurance, if any, and the cost of any endorsements Buyer requests, and the cost to record the Statutory Warranty Deed. Each party shall pay one half of the escrow fees payable to the Escrow Holder. Each party is responsible for its own fees and expenses of legal counsel, consultants, and agents; provided, however, that Buyer shall pay for any consulting costs and administrative fees associated with obtaining approval for the permanent transfer of the Water Right. 12.4 Recordation. Provided that Escrow Holder has not received prior written notice that any condition set forth herein has not been fulfilled or that either party has elected to terminate its rights and obligations hereunder in accordance with the terms and conditions of this Agreement, Escrow Holder is authorized and instructed at 8:00 a.m. (or as soon thereafter as possible) on the Closing Date to: (a)Record the Statutory Warranty Deed in the official records of Grant County, Washington; (b)Deliver the FIRPTA Affidavit and all other documents described in Section 12 to Buyer; (c)Deliver to the parties their respective closing statements in the form customarily prepared by the Escrow Holder. 13.Representations and Warranties. In order to induce Buyer to enter into this Agreement and the transactions contemplated hereby, Seller makes the following representations and warranties as of the date of this Agreement and again as of the Closing Date: 13.1 Title. As of the Closing Date, Seller shall good, marketable title to the Water Right, free and clear of all liens, encumbrances, and exceptions except those approved by Buyer in writing during the Due Diligence Period, and Seller is aware of no matters which adversely affect title thereto. Seller has perfected the Water Right and the Water Right has neither been abandoned nor relinquished and there is no impediment, legal or otherwise, to the use of the Water Right. 13.2 No litigation. There is no claim, litigation, action, arbitration, legal, administrative, or other proceeding, investigation, or inquiry pending or threatened against the Water Right or the property to which it is appurtenant, or pending or threatened against Seller which could affect Seller’s title to the Water Right or the property to which it is appurtenant, or affect the value of use of the Water Right, or subject Buyer of the Water Right, to liability, nor is there any basis known to Seller for any such claim, litigation, action, arbitration, proceeding, investigation, or inquiry. 13.3 No Leases. There are no leases, licenses, permits, assignments, or other agreements granting any person the right to use the Water Right or any portion thereof. 13.4 No Prior Options, Sales, Leases, or Assignments. Seller has not granted any options, right of first refusal, or entered into any other agreement that would commit or obligate Seller in any manner Moses Lake Council Packet 6-8-21, Page 31 of 80 whatsoever to sell or lease the Water Right, or any portion thereof, to any party other than Buyer. 13.5 No Defaults. Neither the execution of this Agreement, the consummation of the transactions contemplated hereby (so long as the Water Right transfer application is approved by Ecology), nor the fulfillment of the terms hereof, will conflict with or result in a breach of any of the terms, conditions, or provisions of, or constitute a default under, any agreement or instrument which affects Seller or the Water Right or any portion thereof or to which Seller or the Water Right are subject or any applicable law, rule, or regulation of any governmental body having jurisdiction over Seller or the Water Right. 13.6 Reports. All certificates and documents containing factual information to be delivered by Seller or by Seller’s agents in connection with this Agreement, are and shall, to the best of Seller’s knowledge, be true and correct and do not and shall not contain any untrue statement of material fact or omit to state any material fact the disclosure of which is necessary to make the statements contained therein and herein, in light of the circumstances under which they are made, not misleading. 13.7 Brokerage Commissions. Seller represents to Buyer that it has not engaged any brokers in connection with the transaction contemplated by this Agreement. Fees and costs of consultant Aspect Consulting LLC are to be borne by Buyer. 13.8 No Other Water Rights. No water rights, other than the Water Right that is the subject of this Agreement, are associated with or available for use on the property to which this Water Right is appurtenant. Each of the above representations and warranties is material and has been relied upon by the Buyer in making its decision to enter into this Agreement, and shall survive the Closing of the purchase of the Water Right contemplated by this Agreement. 14.Notices. All notices to be given by either party to the other pursuant to this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight delivery service, or by certified or registered mail, return receipt requested and addressed as set forth below. Notices shall be deemed to have been given and delivered upon receipt if hand delivered. Any party, by written notice to the other as above described, may alter the address for receipt by it and its agents of written notices hereunder. To Seller: Stredwick Land LLC, 6573 HWY 283 Ephrata, WA 98823 To Buyer: City of Moses Lake, Attention City Manager 401 South Balsam Street Moses Lake, WA 98837 With copy to: Katherine Kenison, City Attorney 406 W. Broadway Avenue, Suite D Moses Lake, WA 98837 15.Risk of Loss. All risk of loss shall remain with Seller until Closing, including diminution in the quantity of the Water Rights through any cause whatsoever, including amendment to laws or regulations. Moses Lake Council Packet 6-8-21, Page 32 of 80 16.Time of the Essence. Time is of the essence of this Agreement. 17.Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between Buyer and Seller pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, representations, and understandings. No modification, termination, or amendment of this Agreement may be made except by written agreement signed by both parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. All terms, provisions, and conditions of this Agreement shall inure to the benefit of and be enforceable by Seller, Buyer, and their respective heirs, successors, and permitted assigns. 18.Survival. All provisions of this Agreement which involve obligations, duties, or rights which have not been determined or ascertained as of the Closing Date or the recording of the Deed to the Water Rights and all representations, warranties, and indemnifications made in or to be made pursuant to this Agreement shall survive the Closing Date and/or the recording of the Deed to the Water Rights. 19.Memorandum of Agreement. Seller shall execute, acknowledge, and deliver to Buyer, simultaneous with the execution hereof, a memorandum of this Agreement in a form acceptable to Buyer, which shall, at Buyer’s option, be recorded in the real property records of Grant County. 20.No Merger. The obligations contained in this Agreement, except for those specifically discharged in escrow (such as conveyance of title to the Water Rights and delivery of money and documents in the escrow), shall not merge with transfer of title but shall remain in effect until fulfilled. 21.Remedies Upon Default. In the event that Seller defaults in the performance of any of Seller’s obligations under this Agreement, Buyer shall have the right to (a) demand and have specific performance of this Agreement, or (b) terminate this Agreement upon written notice without liability to Seller in which event Escrow Holder shall promptly return the Earnest Money Payment, together with any investment interest thereon, to Buyer as liquidated damages and not as a penalty. In the event Buyer defaults, without legal excuse, in the performance of any of its obligations under this Agreement, the Earnest Money Payment made by Buyer shall be forfeited to Seller as liquidated damages and not as a penalty for Buyer’s breach as the sole and exclusive remedy available to Seller for such default. 22.Attorney’s Fees. If any legal action is brought by either Party to enforce any provision of this Agreement the prevailing party shall be entitled to recover from the other party reasonable attorney fees and court costs in such amount as shall be allowed by the court. 23.Representation. Each party has had the opportunity to have this Agreement reviewed by their own counsel. This Agreement and each of the terms and provisions hereof are deemed to have been explicitly negotiated between, and mutually drafted by the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against any Party. 24.Governing Law and Venue. The laws of the State of Washington shall govern the validity, enforcement, and interpretation of this Agreement. The venue of any legal action shall be in Grant County, Washington. Moses Lake Council Packet 6-8-21, Page 33 of 80 25.Signature Authority. Each of the individuals signing below represent and warrant that they have the authority to sign this Agreement and that the Agreement is binding on the entity for which they are signing without any further or subsequent approvals or ratifications. 26.Confidentiality. Excluding the contents of the Memorandum of Agreement provided for in Section 19 of this Agreement, Seller shall keep the terms and conditions of this Agreement confidential and shall not in any manner, directly or indirectly, disclose, communicate, or otherwise make available such terms and conditions to any third party without the prior consent of the Buyer, except as required by law. Effective Date. The effective date of this Agreement shall be the date of the last signature below. BUYER: SELLER: By: By: Name: Allision Williams Name: Matt Stredwick Title: City Manager Title: Manager Date: Date: By: ____________________________________ Name: Amanda Stredwick Title: Manager Date: Moses Lake Council Packet 6-8-21, Page 34 of 80 STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that ___________________ of Stredwick Land, LLC is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as Owner and acknowledged it to be her free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:_____________________, 2021. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that ___________________ of Stredwick Land, LLC is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as Owner and acknowledged it to be his free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:_____________________, 2021. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ Moses Lake Council Packet 6-8-21, Page 35 of 80 STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that Allison Williams is the person who appeared before me and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as City Manager of the City of Moses Lake, and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED:_____________________, 2021. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ Moses Lake Council Packet 6-8-21, Page 36 of 80 STAFF REPORT To: Allison Williams, City Manager From: Debbie Burke, City Clerk Date: May 19, 2021 Proceeding Type: Consent Agenda Subject: Electronic Signature Resolution Legislative History: •First Presentation: June 8, 2021 •Second Presentation: •Action: Motion Overview Council adopted Resolution 3800 on April 14, 2020, citing RCW 19.34 and 19.36. The State Legislature repealed RCW 19.34 and adopted the Uniform Electronic Transaction Act that has been codified as RCW 1.80. The proposed resolution repeals Resolution 3800 and cites current statutes and regulations that authorize the use of digital and electronic signatures. Fiscal and Policy Implications Staff recommends this policy for Council consideration because it creates efficiencies therefore making workflow processes in the City more cost effective. Council Packet Attachments A. Draft Resolution Finance Committee Review N-A Legal Review Type of Document Title of Document Date Reviewed Resolution Authorize City Manager to establish electronic signature police May 19, 2021 Moses Lake Council Packet 6-8-21, Page 37 of 80 Options Option Results •Adopt as presented Staff will implement an electronic signature policy. •Provide staff with changes Staff will bring back a revised resolution for Council consideration. •Take no action Resolution 3800 with reference to outdated statutes will not be repealed. Action Requested Staff request Council adopt the Resolution as presented. Moses Lake Council Packet 6-8-21, Page 38 of 80 RESOLUTION NO. 3855 A RESOLUTION OF THE CITY OF MOSES LAKE WASHINGTON, AUTHORIZING THE USE, CREATION, AND ACCEPTANCE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES FOR CITY BUSINESS; RECOGNIZING THE VALIDITY OF CERTAIN ELECTRONIC SIGNATURES; AUTHORIZING AND DIRECTING THE CITY MANAGER OR DESIGNEE TO ESTABLISH ADMINISTRATIVE POLICIES OR PROCESSES, CREATE REASONABLE RULES AND REGULATIONS REGARDING ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES; AND PROVIDING AN EFFECTIVE DATE Recitals: 1. The Uniform Electronic Transactions Act (UETA) governs electronic records and electronic signatures created, generated, sent, communicated, received, or stored. 2. The UETA requires government agencies to determine whether, and the extent to which,agencies will send and accept electronic records and electronic signatures to and fromother persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. 3. Washington State Legislature passed ESSB 6028 in February 2020 and codified thelegislation related to uniform transaction in RCW 1.80. 4. The City of Moses Lake desire to promote time and cost-savings efficiencies by decreasing the City’s reliance on physical records and signatures. Resolved: 1.Resolution 3800 is hereby repealed. 2.Authorization of Electronic Records and Electronic Signatures. The City Councilhereby authorizes the use, creation, and acceptance of electronic records and electronicsignatures to the fullest extent allowed by state and/or federal law, subject to policies, applicable rules, and regulations as authorized by this resolution. 3.Recognizing the Validity of Certain Electronic Signatures. The City Council herebyrecognizes that electronic signatures are valid, except as required otherwise by law, to thesame extent a physical signature would be valid, if electronic signatures comply with all applicable state and/or federal laws as well as the policy, rules, and regulations authorized by this resolution. Moses Lake Council Packet 6-8-21, Page 39 of 80 4.Authorizing the City Manager or Designee to Establish Policy and CreateReasonable Rules and Regulations Regarding Electronic Records and Electronic Signatures. The City hereby authorizes the City Manager, or his/her designee, to establish policy and create reasonable rules and regulations regarding electronic recordsand electronic signatures. Such rules and regulations, giving due consideration tosecurity, shall govern: (1) the manner and format in which electronic records must becreated, generated, sent, communicated, received, and stored and the systems established for those purposes; (2) if electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which an electronic signaturemust be affixed to an electronic record, and the identity of, or criteria that must be metby, any third party used by a person filing a document to facilitate the process; (3) controlprocesses and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and (4) any other required attributes for electronic records which are specified for corresponding non-electronic records or which are reasonably necessary under the circumstances. Theserules and regulations shall be posted on the city’s website and available for inspection incity offices upon request. 5.Effective Date. This Resolution shall take effect and be in full force on June 8, 2020. ADOPTED by the City Council on June 8, 2021. ________________________________________ David Curnel, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-8-21, Page 40 of 80 STAFF REPORT To: Allison Williams, City Manager From: Melissa Bethel, Community Development Director Date: June 2, 2021 Proceeding Type: Consent Agenda Subject: Emergency Housing Grant Amended Contract Legislative History: •First Presentation: June 8, 2021 •Second Presentation: •Action: Motion Overview The City of Moses Lake entered into an interlocal agreement for the utilization of funds originating from the Emergency Housing Grant Covid-19 with Grant County in June of 2020. The initial agreement provided for approximately three hundred and eighty-eight thousand dollars ($388,000) of funding. The County contacted City staff to discuss an amendment to the contract to provide an additional one hundred and seventy thousand dollars ($170,000) from the Emergency Housing Grant that the County was not able to utilize. This is an existing grant fund source that the City utilizes and has depleted the original funding amount throughout the operations of the City’s Homeless Programs. This provides an opportunity for additional funding sources. The amended contract also incorporates some changes in the Scope of Work and end date of the grant period that was not updated previously. This Grant County contract does end June 30, 2021. Staff have determined that in order to utilize the fund in that short of a time period, that an amendment to the Enhanced Shelter Contract with HopeSource to provide additional funding for renovations and upgrades to the sanitary and cleanliness of the Shelter. The remaining balance will be used for program costs for the month of May, including expenses for the operations of the Sleep Center and Enhanced Shelter, as well as administrative expenses for the month of May. The amended interlocal agreement has been reviewed and approved by Grant County Health District and Grant County Commissioners. Fiscal and Policy Implications The City will receive an additional funding amount from Grant County to supplement Homeless Programs. The amended contract will provide additional Capital Funding to HopeSource for renovations at the Enhanced Shelter. Moses Lake Council Packet 6-8-21, Page 41 of 80 A caveat to receive the additional funding from the Grant County Health District is that a room at the Enhanced Shelter must be kept vacant and available for the use of the Health District as needed to quarantine and isolate individuals due to COVID-19. The additional grant funds will be able to pay for that room so that no costs are absorbed by the City. Council Packet Attachments A. Amendment to Moses Lake Contract B. Amended Emergency Housing Plan C. Amendment B to Commerce Contract D. Amendment C to Commerce Contract E. Amended Enhanced Shelter Contract F. Amended Enhanced Shelter Budget Finance Committee Review Legal Review N/A Options Option Results •Authorize as presented Approve amended contracts to utilize the additional funding from Grant County. •Provide staff with changes Amend budget amounts. •Take no action.The City will not receive the additional funding and those grant funds will be returned to Dept. of Commerce. Action Requested Staff recommends Council to approve as presented. The additional funding will be utilized efficiently and keep grant funds in the Community for improvements and funding of Homeless Programs. Moses Lake Council Packet 6-8-21, Page 42 of 80 AGREEMENT AMENDING WASHINGTON STATE COVID-19 OUTBREAK EMERGENCY HOUSING GRANT #316-46108-10 SUBRECPIENT AGREEMENT BETWEEN GRANT COUNTY AND THE CITY OF MOSES LAKE DATED THE 14TH DAY OF JULY, 2020 AND AMENDED OCTOBER 20, 2020 Section 1. Duration of Agreement is hereby amended as follows: Extend end date to June 30, 2021, per attached Amendment B to contract #316-46108-10. Section 2. Services Provided by the Subrecipient is hereby amended as follows: Subrecipient will provide funding for Change #1 and Change #2 of the Amended COVID-19 Emergency Housing Program Plan, attached as Exhibit A, up to an amount not to exceed the additional funds referenced in Section 5 below. Section 5. Compensation is hereby amended as follows: The maximum total amount payable by the County to the Sub Recipient under this agreement shall be increased by $170,000.00 for a total not to exceed $365,845.00. Scope of Work is hereby amended as follows: Amend Scope of Work by adding language per Amendment C to contract #316-46108-10. All other provisions of the original agreement or any modifications to the original agreement remain in effect. Grant County Washington Board of Commissioners Cindy Carter, Chair Danny E. Stone, Vice-Chair Rob Jones, Member Date City of Moses Lake Allison Williams, City Manager Date Moses Lake Council Packet 6-8-21, Page 43 of 80 COVID�19 _Em.erg.ency Houslfig Program·P!an County: Gra nt-.County. Date� 4/13/2020 The purpose of the grant.funding Is to address·the COVID,19 outbreak related public _health needs of peopie ex.perle'ncing home\�ssness or otherwise •lr'l h�ed of quarantine or'lsolatlon housing due to the outbreak. ·· Grantees can complete this Plan template or transfer the Information from the four sectlons Into a narrative doct.'lrn�rit. . ·. 1, Brief de$,criptio11 of hciW the Grantee· Is cons4ltlng with and coordinating th� us� of furitts· with folloW1M E¼ntities: · thcf�inirttv gciy�r1Jn,�n� Of th,9 ,�.r.an��.e ls ,nq1 ·�q,.county government) ..., • J Largest.city in t�e county The City of Moses Lake Is the largest city within Grant County Consolidated. Homeless . ,. Grant gr��tM Loca.� .. P,ubm:: he£!1t� Juris�tctiori Grant County is the Consolidate� Homeless Grant grantee ,. ,' Graht'Counw H�alth Dls�rlct ... . / .. 2.Name and-contact Information of local-public health officer that reviewed.this Plan: Theresa Adkinson; GCHD Admtnlstrator Ph'One: 509-766�7960 ext. 24, tadk1nson@granthealth.org and Dr. Brzezny; Grant County Health Officer brzeznya @2 colu mb i§b aslnhosP:lta 1.qrg 31· Brief desorlption of how the Grantee will use funds to develop the following: Create.Isolation a'nd . . . Due t6 many of our homeless residents living In remote loc:.atlons In quarantine �nd Isolation Grant Couhty, It has been f'ecom��nded by the Dept. of Health beds: describe actions to (DOH) that Grant County begin planning for an alternate care site at a lar�er location that ls In close In proximity to a large hospital \. Moses Lake Council Packet 6-8-21, Page 44 of 80 (~\ ('"•,i 4. Process defined to determine unmet need for Isolation and Quarantine beds: Steps and tlmeline of the Grant County has Instituted a Unlfled Command (UC) structure, process the Grantee will which Includes the Grant C:ounty Health District Administrator, Implement to work with Grant County Sherlff1 Health Officer, and GCHD COVID-19 the local public health responders. Jurisdiction and other Community leaders are also working with us to meet the needs of relevant stakeholders to our homeless and congregant populations and help us to estimate the unmet need understand where resources are low. All parties have been for quarantine and Isolated connected, either Via UC or planning meetings to discuss responsehouslng·tor people living needs and gaps on a daily or weekly basls1 depending on their roles. unsheltered or living In homele�s housing or who cannot Isolate or quarantine themselves in housing previously available to them, 5. Completed estimate of the unmet need [count of needed beds] for quarantine and lsolataton housing for people living unsheltered or llvlng in homeless housing or who cannot isolate or quarantine themselves in housing previously available to them. Assumptions used In the Grant County is estimating our nightly need based on population estimate, estimate can be density, homeless camps, and COVlD-19 clusters In communities with reproduced with provided high use of congregant living. assumptions.· •3 beds in Mattawa and possible Alternate Care Site•3 beds In Quincy•6 beds in Moses Lake/Ephrata/other Grant Countycommunltles.•30 tent Moses Lake Alternate Care Location TOTAL need for# of beds 42 beds available at any given time, Change #1 -.Each individual bathroom at the enhanced shelter located at 1214 S Pioneer Way, Moses Lake should be renovated to improve and maintain sanitary conditions. Change #2 -The enhanced shelter located at 1214 S Pioneer Way, Moses Lake, will keep one unit open and available for use by Grant County Health District, as determined necessary by the Health District, for quarantine and isolation needs for the duration of the COVID-19 emergency. Jk20-fal��ou s/z_,/LI Moses Lake Council Packet 6-8-21, Page 45 of 80 1.Grantee Washington State Department of Commerce Community Services and Housing Division Housing Assistance Unit COVID-19 Outbreak Emergency Housing Grant Contract Number: 316-46108-10 Amendment Number: B 2.Contractor Doing Business As (optional) GRANT COUNTY BOARD OF COMMISSION POBOX37 EPHRATA, WA 98823-0037 3.Grantee Representative 4.COMMERCE Representative Janice Flynn Kathryn Dodge POBox42525 (509) 754-2011 ext. 2937 Grant Manager 1011 Plum St SE jflynn@grantcountywa.gov (360) 764-9682 Olympia, WA 98504-2525 kathryn.dodge@commerce.wa.gov 5.Original Grant Amount 6.Amendment Amount 7.NewGrantAmount(and any previous amendments) $388,462.00 $0 $388,462.00 8.Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date Federal: State: X Other:N/A: December 31, 2020 June 30, 2021 11.Federal Funds (as applicable):Federal Agency: CFDA Number: NIA 12.Amendment Purpose:Extend grant end date to June 30, 2021 COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant As Amended and attachments and have executed this Grant Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant As Amended are governed by this Grant Amendment and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment "A" -Scope of Work, Attachment "B" -Budget, Attachment "C" -Washington State COVID-19 Emergency Housing Grant Guidelines, and Attachment D, Grantee���n. A copy of this Grant Amendment shall be attached to and made a part of the original Grant betweenCOMMERCE anR the tee. Any reference in the original Grant to the "Grant" shall mean the "Grant as Amended". ;FO � �TEf£��,1 1\ , If�A s• vtir~ ~ \J -v I . 1gna re Cindy Carter, BOCC Chair Print Name and Title /!-Date ;;y -;; 0 ;Jr.) FOR COMMERCE �/0 - Diane Klontz, A�ist nt Director Commul�T}ti �?t Division Date I APPROVED AS TO FORM ONLY SandraAdix Assistant Attorney General 3/20/2014 Date 1 Moses Lake Council Packet 6-8-21, Page 46 of 80 1,Grantee Washington State Department of Commerce Community Services and Housing Division ·Housing Assistance UnitCOVID-19 Outbreak Emergency Housing Grant Contract Number: 316-46108-10 Amendment Number: C 2.Contractor Doing Business As (optional) GRANT COUN1Y BOARD OF COMMISSION POBOX37 EPHRATA, WA 98823-0037 3.Grantee Representative 4.COMMERCE Representative Janice Flynn Kathryn Dodge POBox42525 (509)754-2011 ext. 2937 Grant Manager 1011 Plum St SE jflynn@grantcountywa.gov (360)764-9682 Olympia, WA 98504-2525 kathryn.dodge@commerce.wa.gov 5.Original Grant Amount 6,AmendmentAmount 7. New Grant Amount(and any previous amendments)$388,462.00 $0.00 $388,462.00 8.Amendment Funding Source 9.Amendment Start Date 10, Amendment End Date Federal: State: X Other:N/A: April 1, 2021 June 30, 2021 11.Federal Funds (as applicable):Federal Agency: CFDA Number: NIA 12.Amendment Purpose:.Amendment C adds language to Scope of Work.' COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant As Am.ended and attachments and have executed this Grant .Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant As Amended are governed by this Grant Amendment and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment "N' -Scope of Work, Attachment "B'' -Budget, Attachment "C" -Washington State COVID-19 Emergency Housing Grant Guidelines, and Attachment D, Grantee's Plan, A copy of this Grant Amendment shall be attached to and :tt1.ade a part of the original Grant between CQ'M'.Ml:/.R CE and the Grant � Any reference in the original Grant to the "Grant" shall mean the "Grant as Amended",,r ' rOR' D .N'I W,E ¼ lA\ FOR COMMERCE lA� , �k-' '1 t"4Signature ' V i5Ii"ne Klontz�t�tDirector CommuniJ;y Services and Housing Division Cindy Carter, BOCC Chair sj \\ {'lDJd Print Name and Title Date 5-1/,;}/APPROVED AS TO FORM ONLY Date SandraAdix Assistant Attorney General 3/20/2014 Date 1 1 Moses Lake Council Packet 6-8-21, Page 47 of 80 This Contract is amended as fol s: Language added: Attachment C Scope of Work The parties acknowledge and agree that the shelters purchased with funds under this Grant are currently located on leased property, and may be relocated to other property owned or leased by the City of Moses Lake or another public entity in Grant County. Grantee shall ensure that the shelters are made available and will continue to be used to respond to the COVID-19 outbreak related to public health needs of people experiencing homelessness or otherwise in need of quarantine or isolation housing due to the COVID-19 outbreak, as needed for the duration of the COVID-19 emergency. After the COVID-19 emergency ends the Grantee will ensure the shelters are used for the duration of their useful life for emergency purposes and/or to shelter people experiencing homelessness. ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT. 2 Moses Lake Council Packet 6-8-21, Page 48 of 80 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 operations of an Enhanced Shelter 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 as established under Objective #2: Prioritization of Homeless Housing for People with the Highest Needs and Objective #3: Effective and Efficient Homeless Crisis Response and Housing Services , 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 management services of the Enhanced Shelter, 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 placements at the Enhanced Shelter 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 manage the Enhanced Shelter and 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. Moses Lake Council Packet 6-8-21, Page 49 of 80 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. 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 March and shall end on the 30th day of September 2022. 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 Moses Lake Council Packet 6-8-21, Page 50 of 80 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 A.It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed two hundred fourteen thousand four hundred ($214,400) for the acquisition expense, one hundred and twenty thousand ($120,000) for bathroom renovations and sanitation upgrades, and three hundred thousand ($300,000) for the operations during the time period of this contract. 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 Moses Lake Council Packet 6-8-21, Page 51 of 80 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: 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 Moses Lake Council Packet 6-8-21, Page 52 of 80 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. 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 Moses Lake Council Packet 6-8-21, Page 53 of 80 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. 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 Moses Lake Council Packet 6-8-21, Page 54 of 80 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 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. Moses Lake Council Packet 6-8-21, Page 55 of 80 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. 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 Moses Lake Council Packet 6-8-21, Page 56 of 80 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 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 Moses Lake Council Packet 6-8-21, Page 57 of 80 5.Sub Grantee Grant Proposal These documents are incorporated herein by reference and as may hereafter be amended IX.SEVERABILITY 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 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. Moses Lake Council Packet 6-8-21, Page 58 of 80 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 6-8-21, Page 59 of 80 Exhibit B The City of Moses Lake, through a contractual agreement with HopeSource, will provide funding assistance for the acquisition and operations of an Enhanced Shelter. The Enhanced Shelter program 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 Program Operation $135,000.00 Includes wages/benefits for Program Manager, Client Advocate and On-site Property Manager. Facility Support $120,000.00 Facility Support includes cost of utilities, landscaping, mortgage, etc. Capital Acquisition/Construction $214,400.00 Cost of acquisition of asset to operate as an Enhanced Shelter. Renovations $120,000.00 Renovations to bathrooms in order to increase sanitation and cleanliness of Enhanced Shelter TOTAL $634,400.00 Moses Lake Council Packet 6-8-21, Page 60 of 80 STAFF REPORT To: Allison Williams, City Manager From: Richard Law, City Engineer Date: June 3, 2021 Proceeding Type: Consent Agenda Subject: Award Eka Lift Station Upgrades Project -2021 Legislative History: •First Presentation: June 8, 2021 •Second Presentation: •Action: Motion Overview Staff received one bid for the Eka Lift Station Upgrades Project -2021 on June 2, 2021. The low bid was $153,602.80 and the Engineer’s Estimate was $120,486.60. Due to the location of the lift station in the Wheeler area serving industrial clients, the condition of the lift station that requires a lot of staff time to monitor to keep it running, and the current bidding climate with few contractors available, staff is recommending paying the slight premium on the project to avoid future delays to get the work done. The low bidder, Farmers Electric II, LLC of Othello, WA has done several electrical contracts for the City and have always provided excellent work. Fiscal and Policy Implications The project will require budgeted funds to be spent. Council Packet Attachment - Bid Tab Finance Committee Review N/A Legal Review N/A Options Option Results •Award the bid as presented Staff will move forward with executing a contract with the low bidder to complete the work. •Provide staff with changes •Take no action.Staff will stop working on this project and wait for further direction from City Council. Action Requested Staff recommends awarding the Eka Lift Station Improvement Project -2021 in the amount of $153,602.80. Moses Lake Council Packet 6-8-21, Page 61 of 80 PROJECT NAME: EKA LIFT STATION UPGRADES - 2021 BID RESULTS 1 Mobilization 1-09 1 L.S. 8,900.00 8,900.00 $11,350.00 $11,350.00 2 Remove Equipment and Material from Eka Lift Station 2-02 1 L.S.12,500.00 12,500.00 $10,000.00 $10,000.00 3 Bypass Pumping 7-20 1 L.S.15,000.00 15,000.00 $20,000.00 $20,000.00 4 Wet Well Improvements 7-21 1 L.S.12,000.00 12,000.00 $10,000.00 $10,000.00 5 Lift Station Electrical 7-21 1 L.S.62,750.00 62,750.00 $90,350.00 $90,350.00 111,150.00$ $141,700.00 8.4%9,336.60$ $11,902.80 120,486.60$ $153,602.80 UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT PROJECT NUMBER: GC2021-031 SUBTOTAL SCHEDULE A SALES TAX Total Schedule A ITEM ITEM DESCRIPTION SECTION APPROX. QUANTITY Engineers Estimate Farmers Electric II, LLC Othello, WASchedule A: Sewer Improvements Moses Lake Council Packet 6-8-21, Page 62 of 80 STAFF REPORT To: Allison Williams, City Manager From: Richard Law, City Engineer Date: June 7, 2021 Proceeding Type: Old Business Subject: Award Architectural Services Contract for Police Station Remodel - 2021 Legislative History: •First Presentation: June 8, 2021 •Second Presentation: •Action: Motion Overview Staff issued a Request for Qualifications for Architectural Design Services. After reviewing the 13 proposals, the selection committee chose Rolluda Architects to perform the design of the remodel. The first phase of this contract will be to do an extensive evaluation of the existing building and mechanical, consult with existing staff on current and future operations, and develop a conceptual plan of the building and a construction cost estimate for the project. The final design fee will then be negotiated for the remainder of the project. Phase 1 services will be a not to exceed fee of $86,330. Fiscal and Policy Implications The project will require budgeted funds to be spent. Council Packet Attachments A. Fee Proposal and Scope of Work Finance Committee Review N/A Legal Review N/A Moses Lake Council Packet 6-8-21, Page 63 of 80 Options Option Results • Award as presented Staff will move forward with executing a contract Rolluda Architects • Provide staff with changes • Take no action. Staff will stop working on this project and wait for further direction from City Council. Action Requested Staff recommends awarding the Phase 1 design contract with Rolluda Architects for a not to exceed amount of $88,330. Moses Lake Council Packet 6-8-21, Page 64 of 80 City of Moses Lake Police Remodel Project CONSULTANT SCOPE OF WORK May 26, 2021 PURPOSE The purpose of the Agreement between Rolluda Architects (RAI), the "Consultant", and the City of Moses Lake, "the City", is to conduct an assessment of existing conditions at the Police Station, develop a space needs analysis for the Police Department, and develop a high level master plan for future expansion to accommodate projected space needs. The work of the Consultant shall generally consist of Basic and Reimbursed services. TASK 1: PROJECT ORIENTATION Consultant Subtasks 1.1 Project Orientation. The consultant shall conduct project orientation services consisting of an initial orientation workshop attended by key Consultant team members and key City staff to identify critical scheduling factors, detailed work plan elements, detailed communications plan elements, project mission statement, project goals and objectives, key project individuals, project decision process, document formatting requirements, and necessary background information. Following the workshop, the Consultant shall prepare a detailed work plan, communications plan, and project control schedule. The Consultant shall also arrange to interview key personnel. 1.2 Project Administration. The Consultant will prepare: 1.2.1 Draft and Final Work Plan 1.2.2 Draft and Final Communications Plan 1.2.3 Draft and Final Schedule 1.2.4 Draft and Final Fee 1.2.5 Monthly invoicing and project status reports 1.3 Collect Background Data. Provide the City with a list of requested background data. Existing data will be used as much as possible, when appropriate, to avoid duplication of effort. The data list will include, but will not be limited to, the following: 1.3.1 Identify Key Project Stakeholders 1.3.2 As-built information for existing Police Station. 1.3.3 Previous studies for the Police Station. 1.3.4 Police staff list and organizational chart 1.3.5 Site operational and security needs 1.3.6 Other material as deemed necessary And, if needed: Moses Lake Council Packet 6-8-21, Page 65 of 80 1.3.7 Site boundaries and topological surveys 1.3.8 GIS maps of site and context including parcel base, land use, and zoning 1.3.9 As-builts of existing buildings, facilities, and utility systems 1.3.10 Existing site uses, contact persons, facilities, and number employees 1.3.11 Previous site uses and their potential environmental impacts, if known 1.3.12 Condition of existing buildings and occupancies 1.3.13 Previous prepared physical studies of the site, building, space needs, etc. (where applicable) 1.3.14 Site security needs 1.3.15 Site operational needs 1.3.16 Previously prepared environmental information 1.3.17 Existing easements, liens, covenants, and any other agreements that affect property development 1.3.18 Location of proposed developments in vicinity, where known 1.3.19 Other materials as deemed necessary 1.4 Outreach and Coordination 1.4.1 Project Kickoff Meeting to review process, approach, scope, and schedule via Teams Meetings • Project Kickoff with Management Team via MS Teams Products • Project Kickoff presentation materials • Draft and Final Communications Plan • Draft and Final Work Plan, Fee, Schedule; monthly invoices and billing reports • Background data request list City to Provide • Requested data, as available TASK 2: EXISTING CONDITIONS ANALYSIS Objective: To conduct background research on the existing conditions of the Police Station to determine how well the facilities serve their users (staff and public). Record anecdotal information regarding building systems (HVAC, plumbing, electrical). Review as-built information provided by the City, conduct field visit to confirm as-built conditions to the extent possible without destructive investigation. Determine scope of potential code required improvements that may be triggered by remodel project and evaluate remaining useful life of major architectural, exterior envelope, structural, mechanical, and electrical systems. Consultant Subtasks 2.1 Interview key staff and community identified by the City for the purpose of gaining understanding of current facility uses. Moses Lake Council Packet 6-8-21, Page 66 of 80 2.2 Document Review. Review existing City provided as-built drawings and conduct field reconnaissance to assess the general condition of major architectural systems including exterior envelope, roofing, windows, and interior finishes. 2.3 Code Review. Conduct a code analysis to determine improvements to architectural systems necessitated by current provisions of the City of Sequim Municipal Code and the International Building Code, 2003 Edition, governing areas of remodeling in, and additions to, the existing buildings. 2.4 Building Envelope: Conduct an analysis of the building envelope to generally define necessary repairs to deferred maintenance and/or improvements required for stipulated term of building use. 2.5 Review As-Built Drawings: Review existing City provided as-built drawings and conduct field reconnaissance to assess the general condition of the structural system including vertical loading and ability to approximate seismic code requirements defined by the City (e.g. Essential Facility requirements). Consultant will conduct field verification of dimensions to the extent possible, without destructive investigation. 2.6 Develop Base Plans: Develop As-Built Revit drawings based on record drawings provided by the City. 2.7 HVAC Investigations: Conduct limited field reconnaissance to assess the general condition of the mechanical HVAC, plumbing, and fire suppression systems to approximate code requirements. Record anecdotal information from maintenance personnel and staff regarding condition of existing systems. Generally, assess the existing building(s) mechanical systems and identify mechanical system deficiencies and potential mitigation measures to correct found deficiencies, and determine remaining useful life of mechanical systems. Develop concept level costs for mitigation measures. See attached Mechanical Engineer’s Scope of Work for more detail. 2.8 Electrical Investigations: Conduct limited field reconnaissance to assess the general condition of the electrical power and power distribution, data/communications, security, low voltage, and lighting systems. Record anecdotal information from maintenance personnel and staff regarding condition of these existing systems. Generally asses the existing building(s) electrical systems and identify electrical systems deficiencies and recommend potential mitigation measures to correct found deficiencies. Develop concept level costs for mitigation measures. See attached Electrical Engineer’s Scope of Work for more detail. 2.9 Cost Estimate: Develop concept level cost information. 2.10 Report: Prepare an existing conditions report. Meetings • Management Team (1 – combined with Task 3 - Key Stakeholder meeting) Products • Draft and Final Technical Memorandum: Existing Baseline Conditions Findings • Graphic display of existing conditions including flow patterns and safety issues. TASK 3: SPACE NEEDS ANALYSIS Moses Lake Council Packet 6-8-21, Page 67 of 80 The Consultant will prepare an updated Space Needs Analysis delineating general building and site space requirements. The Space Need Analysis task will generally consist of the following: Consultant Subtasks 3.1 Space Need Analysis. Review previous space planning studies. Review and verify the results of previous Police space planning efforts. Distribute questionnaires to department heads to obtain current and projected staffing needs, assignment of staff to space standards, and requirements for support/unassigned spaces. Interview Key Staff to verify preliminary space needs. Prepare an updated Space Needs Analysis. 3.2 Develop Space Standards. Develop draft space standards for Police Department employees for Police Department review. Police Department to assign staff to agreed space standards. 3.3 Identify Site Requirements. The Consultant will identify all Police site requirements including area, access, delivery, circulation, building orientation, security, and other pertinent factors, as appropriate. Preliminary site requirements for future facility needs will also be identified and documented at this initial stage. 3.4 Space Needs Summary: Summarize space needs analysis in spreadsheet format documenting findings for existing conditions, current need, and projected 20 year needs. Meetings • Department Head Interviews (1 day – combine with Task 2 Management Team meeting) Products • Prepare a Space Needs Analysis City to Provide • Existing staff counts, short-term (5 years) staffing projections, long-term (20 year) staffing projections. • Police Department Organizational Chart TASK 4: CONCEPTUAL MASTER PLAN DESIGN The Consultant shall conduct a workshop with City of Moses Lake and Police Department administration and key staff and key stakeholders to develop high level alternative conceptual Police Building Project bubble-diagram master plan designs, including 1 and 2-story expansion options, and floor plan layout concepts for the immediate remodel: Consultant Subtasks 4.1 Conceptual Master Plan Alternatives: Generate up to three (3) general departmental concepts shall be developed for both master plan concepts and immediate remodel floor plans. Through the collaborative development of evaluation criteria, the Team shall analyze the major concepts for program suitability, cost and other criteria developed in the workshop. Moses Lake Council Packet 6-8-21, Page 68 of 80 4.2 Conceptual Master Plan Preferred Alternative: The Conceptual Master Plan Alternatives shall be narrowed to one (1) Preferred Alternative concept. Applying the evaluation criteria, the Preferred Alternative will be refined based on City input. 4.3 Conceptual Master Plan Alternative Submittal: The Consultant shall submit a pdf file of conceptual design documents for City of Moses Lake review and approval. Approval to proceed into the next phase will be given by the City of Moses Lake’s Project Manager. 4.4 Conceptual Master Plan Presentation: At the conclusion of the Conceptual Master Plan, the Consultant shall present the master plan design to the appropriate City of Moses Lake Police Department administration and staff. It is assumed this presentation will be held online utilizing MS Teams. Meetings • Alternatives Workshop (1 meeting via MS Teams) • Preferred Alternative Workshop (1 meeting MS Teams) Products • Prepare Conceptual Master Plan Alternatives and refined Preferred Alternative. • Conceptual Master Plan. TASK 5: SCHEMATIC DESIGN (Fee to be negotiated after scope is fully defined in Task 1-4) The schematic design documents called for herein shall be accomplished by the Consultant for the approval of the City of Moses Lake. Deliverable: Schematic Design drawings, develop Basis of Design, updated Control Budget, minutes from all meetings and workshops 5.1 Project Management Weekly Meetings: The Consultant shall meet with the City of Moses Lake’s Project Manager on a weekly basis, as needed, to update project status, schedule, and discuss the forecasted immediate schedule. 5.2 User Group Meetings: The Consultant shall meet with the Police Department’s user groups on a periodic basis as identified in the Communications Plan and on the Project Schedule. 5.3 Schematic Design: The Consultant shall conduct a workshop with City of Moses Lake and Police Department administration and key staff and key stakeholders to develop alternative schematic Police Building Remodel Project designs. Up to three (3) general schematic concepts shall be developed. These shall be narrowed to one (1) major schematic design to be assessed in more detail. The Consultant shall analyze the major concepts for program suitability, cost and other criteria developed in the workshop. The Consultant shall develop the Schematic Design including documents consisting of drawings of floor plans, interior elevations, key enlarged plans and sections, concept sketches, and an updated narrative report describing the basis of design for each of the following disciplines: architectural, mechanical, electronic/audio, communications, and security. 5.4 Control Budget: The Consultant shall update the control budget based on unit costs. The consultant shall meet with the City of Moses Lake’s project manager and reconcile Moses Lake Council Packet 6-8-21, Page 69 of 80 control budget with the project budget prepared by the City of Moses Lake’s project manager. 5.5 Schematic Design Submittal: At the conclusion of Schematic Design the Consultant shall present the design to the appropriate City of Moses Lake and Police Department administration and staff. TASK 6: DESIGN DEVELOPMENT (Fee to be negotiated after scope is fully defined in Task 1-4) The Design Development Documents called for herein shall be accomplished by the Consultant by refinement and development of the Schematic Design Documents approved by the City of Moses Lake. Such services shall include documents to fix and describe the size and character of the Project defined as the Consolidate Police Department Facility including documentation to define architectural, mechanical, electrical, electronic/audio-visual, communications, security systems, materials to be used and other essentials as appropriate Deliverable: Design Development drawings, Outline Specification, updated Control Budget, minutes from all meetings and workshops. 6.1 Project Management Weekly Meetings: The Consultant shall meet with the City of Moses Lake’s Project Manager on a weekly basis, as needed, to update project status, schedule, and discuss the forecasted immediate schedule. 6.2 User Group Meetings: The Consultant shall meet with the City of Moses Lake and Police Department user groups on a periodic basis as identified on the Project Schedule 6.3 Design Development: The Design Development drawings shall show utility connections, floor plans, interior elevations and sections, with sufficient detail to indicate the proposed layout of the facility, key materials and finishes, and its ancillary parts. 6.4 Outline Specification: The Consultant shall prepare an outline specification describing the type of construction, materials, methods, and other pertinent information. The outline specification shall be prepared in current City of Moses Lake standards in place at that time or, if no City of Moses Lake standard exists for a specific section, then in AIA MASTERSPEC. 6.5 Control Budget: The Consultant shall prepare an updated control budget. The consultant shall meet with the City of Moses Lake’s project manager and reconcile the control budget with the project budget prepared by the City of Moses Lake’s project manager. 6.6 Design Development Submittal: The Consultant shall submit a pdf set of Design Development architectural floor plans, key elevations and details; mechanical plans with cut-sheets of proposed mechanical equipment; electrical power and lighting plans with cut-sheets of proposed light fixtures; communications system plans with cut-sheets of proposed communications equipment; electronic/audio visual system plans with cut- sheets of proposed electronic/audio visual equipment; and security system plans with cut-sheets of proposed security equipment for City of Moses Lake review. The Consultant shall make such revisions, changes or alterations in the Design Development drawings and other data and documents as may be reasonably necessary to conform to the requirements of the City of Moses Lake. After all required revisions have been Moses Lake Council Packet 6-8-21, Page 70 of 80 made on the Design Development drawings, specifications, estimate of probable construction costs and updated estimate of probable project budget, the Consultant shall furnish a revised set of original Design Development documents to the City of Moses Lake for reproduction and final approval. Approval to proceed into the next phase will be given in writing by the City of Moses Lake. TASK 7: CONTRACT DOCUMENTS (Fee to be negotiated after scope is fully defined in Task 1-4) Based on the approved Design Development Documents and any further adjustments in the scope or quality of the project or in the construction budget authorized by the Owner, the Consultant shall prepare the contract documents consisting of drawings, specifications (including Project Manual) setting forth in detail the requirements for construction of the Project. The Consultant shall prepare a draft of Division 0 and 1 specifications for City of Moses Lake review and completion. Deliverable: Contract Documents consisting of Construction Drawings and Specification, updated Control Budget, minutes from all meetings and workshops. All contract documents will be submitted to the City of Moses Lake in electronic format according to current City of Moses Lake standards in place at that time. 7.1 Project Management Weekly Meetings: The Consultant shall meet with the City of Moses Lake’s Project Manager on a weekly basis, as needed, to update project status, schedule, and discuss the forecasted immediate schedule. 7.2 Control Budget: The Consultant shall advise the City of Moses Lake of any adjustments to previous control budget indicated by changes in requirements or general market conditions and any adjustments to previous estimates of the probable project budget. 7.3 Permitting Assistance: The Consultant shall assist the City of Moses Lake in filing the required documents to obtain the approval of any governmental authorities having jurisdiction over the project. Requirements of authorities other than the City of Moses Lake shall be considered an Additional Service. 7.4 60% Submittal - Construction Documents: The Consultant shall submit a set of full sized set of original drawings, and specifications for review and approval by the City of Moses Lake. Approval to proceed to 90% will be given in writing by the City of Moses Lake. 7.5 90% Submittal - Construction Documents: The Consultant shall submit a pdf set of original drawings, specifications, and the bidding and contract documents and supplementary data for review and approval by the City of Moses Lake. Approval to proceed to 100% will be given in writing by the City of Moses Lake. 7.6 100% Submittal – Construction Documents: When the Contract Documents have been approved by the City of Moses Lake the Consultant shall furnish a pdf set of the approved working drawings, schedules, specifications and other contract documents to the City of Moses Lake for reproduction for bidding and other purposes. TASK 8: BIDDING (Fee to be negotiated after scope is fully defined in Task 1-4) Moses Lake Council Packet 6-8-21, Page 71 of 80 Services related to bidding the contract documents shall be accomplished by the Consultant for the approval of the City of Moses Lake.. 8.1 Bidding Assistance: The Consultant shall prepare and issue addenda, attend the pre-bid conference, attend the bid opening and generally assist the City of Moses Lake in obtaining bids. 8.2 Bid Evaluation Assistance: Upon being notified of the City of Moses Lake's intent to award the construction contract, the Consultant shall assist the City of Moses Lake in evaluation of the bids. TASK 9: CONSTRUCTION ADMINISTRATION SERVICES (Fee to be negotiated after scope is fully defined in Task 1-4) The Consultant's responsibility to provide Basic Services for the Construction Administration Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the City of Moses Lake of the final Certificate for Payment, sixty (60) days after the date of Substantial Completion of the Work, 60 days after the Time of Completion set out in the Contract Documents at the time the Project is Bid, unless the City of Moses Lake terminates at their convenience. 9.1 Construction Observation: It is understood that the City of Moses Lake will be hiring an Owner’s Representative, who will be responsible for more of the day-to-day tasks of this phase. The Consultant shall visit the site as needed or as directed by the City of Moses Lake to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However, the Consultant shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations, the Consultant shall keep the City of Moses Lake informed of whether the general design intent is being followed. 9.2 Submittal Review: The Consultant shall review and take appropriate action within 21 days, upon Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the Contractor’s responsibility to the extent required by the Contract Documents. The Consultant’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences or procedures. The Consultant’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Consultant shall be entitled to Moses Lake Council Packet 6-8-21, Page 72 of 80 rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 9.3 Change Order Review: The Consultant shall assist the Owner’s Representative with the review change order requests and provide recommendations for approval by the City of Moses Lake. The City of Moses Lake shall reimburse the Consultant as Additional Services for Change Orders arising from (1) City of Moses Lake initiated changes to the Work, (2) unforeseen conditions, or (3) changes caused by interpretations of the building inspector or other governmental agency in contravention to the permitted set of documents. 9.4 Field Orders: The Consultant shall issue interpretations and field orders within overall intent of contract documents; advise the City of Moses Lake of material matters; and submit recommended resolutions for approval by the City of Moses Lake. 9.5 Substantial Completion: The Consultant shall conduct site visits to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the City of Moses Lake for the City of Moses Lake’s review and records written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 9.6 Record Drawings: The Consultant shall prepare and submit for approval, "record" drawings of architectural, structural, mechanical, electrical, civil, and landscape architectural work based upon “as-built” information provided by the Contractor. The Consultant shall complete all record documents and turn over to the City of Moses Lake within 90 days of final completion of the construction contract. Moses Lake Council Packet 6-8-21, Page 73 of 80 105 South Main Street, Suite 323 · Seattle, Washington 98104 · 206.624.4222 (p) · 206.624.4226 (f) · info@rolludaarchitects.com (e) · www.rolludaarchitects.com (w) FEE PROPOSAL - City of Moses Lake Police Remodel Prepared By: Date: Principal Project Manager Project Architect Designer IV Designer III Designer II Admin 1-PROJECT ORIENTATION Project Orientation 2 8 Project Administration 2 8 Collect Background Data 2 4 Outreach and Coordination 4 SUBTOTAL - PROJECT ORIENTATION 4 22 0 4 0 0 0 $ 4,334 2-EXISTING CONDITIONS ANALYSIS Interview Staff (via Teams)2 Document Review (1 site visit)16 16 16 Code Review 2 4 Building Envelope Review 2 4 Review As-Built Drawings 4 8 Develop Base Plans 2 16 40 Develop Conceptual Level Cost 2 2 Prepare Report 2 4 16 SUBTOTAL - EXISTING CONDITIONS ANALYSIS 2 34 0 66 0 56 0 $ 15,633 3-SPACE NEEDS ANALYSIS Space Needs Analysis 16 48 Develop Space Standards 4 8 Identify Site Requirements 2 4 Space Needs Summary 2 4 SUBTOTAL - SPACE NEEDS ANALYSIS 2 22 0 64 0 0 0 $ 9,986 4-CONCEPTUAL MASTER PLAN Conceptual Master Plan Alternatives 12 40 Conceptual Master Plan Preferred Alternative 12 24 Conceptual Master Plan Preferred Alternative Submittal 8 36 Conceptual Master Plan Presentation 2 2 SUBTOTAL - CONCEPTUAL MASTER PLAN 0 34 0 102 0 0 0 $ 15,249 SUBTOTAL - ARCHITECTURAL BASE FEE 8 112 0 236 0 56 0 $ 45,202 Owner Name: City of Moses Lake Richard Murakami Contact Name: Richard Law 5/26/2021 Architectural Project Role Personnel Required Rolluda Architects Page 1 of 3Moses Lake Council Packet 6-8-21, Page 74 of 80 105 South Main Street, Suite 323 · Seattle, Washington 98104 · 206.624.4222 (p) · 206.624.4226 (f) · info@rolludaarchitects.com (e) · www.rolludaarchitects.com (w) FEE PROPOSAL - City of Moses Lake Police Remodel Prepared By: Date: Owner Name: City of Moses Lake Richard Murakami Contact Name: Richard Law 5/26/2021 Principal Project Manager Project Architect Designer IV/ Job Capt Designer III Designer II Admin Total Hours = 8 112 0 236 0 56 0 Rates = $158.96 $150.00 $118.45 $99.50 $74.03 $65.15 $75.00 Subtotal = $1,271.68 $16,800.00 $0.00 $23,482.00 $0.00 $3,648.40 $0.00 $ 45,202 ARCHITECTURAL BASE FEE SUBTOTAL Rolluda Architects Page 2 of 3Moses Lake Council Packet 6-8-21, Page 75 of 80 105 South Main Street, Suite 323 · Seattle, Washington 98104 · 206.624.4222 (p) · 206.624.4226 (f) · info@rolludaarchitects.com (e) · www.rolludaarchitects.com (w) FEE PROPOSAL - City of Moses Lake Police Remodel Prepared By: Date: Owner Name: City of Moses Lake Richard Murakami Contact Name: Richard Law 5/26/2021 Reimbursible Expenses - Travel 800 $ 800 $ 46,002 Subconsultants Civil Engineering Existing Conditions Analysis Conceptual Master Plan $ 8,600 Structural Engineeing Existing Conditions Analysis $ 3,700 Conceptual Master Plan $ 2,700 Mechanical/Electrical Engineering Existing Conditions Analysis $ 9,300 Conceptual Master Plan $ 9,200 Cost Estimating $ - Existing Conditions Analysis $ 2,380 Conceptual Master Plan $ 2,600 Subtotal Subconsultants $ 38,480 $ 3,848 $ 42,328 $ 88,330 SUBCONSULTANTS SUBTOTAL ARCHITECTURAL BASE FEE & REIMBURSABLES TOTAL Reid Middleton TOTAL Reid Middleton Sazan Goup JB Iringan 10% Mark-up on consultants Rolluda Architects Page 3 of 3Moses Lake Council Packet 6-8-21, Page 76 of 80 STAFF REPORT To: Allison Williams, City Manager From: Richard Law, City Engineer Date: June 7, 2021 Proceeding Type: New Business Subject: Reduce Speed Limit at Road 7 Ordinance 2975 Legislative History: •First Presentation: June 8, 2021 •Second Presentation: •Action: Motion Overview Due to a number of collisions at the intersection of Road 7 and Stratford Road, Grant County Public Works recently reduced the speed limit on the west bound leg of the intersection as it goes to Randolph Road from 50 mph to 35 mph. That section of road is controlled partially by the County and partially by the City. Currently, the speed limit in the municipal code is 50 mph for the City’s portion of Road 7. Staff is proposing to reduce the speed limit on this section of road to match the County’s posted speed limit of 35 mph. Fiscal and Policy Implications The project will require budgeted funds to be spent to replace two speed limit signs. Council Packet Attachments A. Ordinance 2975 Finance Committee Review N/A Legal Review N/A Moses Lake Council Packet 6-8-21, Page 77 of 80 Options Option Results • Adopt as presented Staff will move forward with posting the new speed limit signs • Provide staff with changes • Take no action. Staff will stop working on this project and wait for further direction from City Council. Action Requested Staff recommends adopting the ordinance reducing the speed limit on Road 7 to 35 mph to match the County’s adjacent speed limit. Moses Lake Council Packet 6-8-21, Page 78 of 80 ORDINANCE NO. 2975 AN ORDINANCE AMENDING SECTIONS 10.10.020 AND 10.10.040 OF THE MOSES LAKE MUNICIPAL CODE TITLED “SPEED LIMITS” THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 10.10.020 of the Moses Lake Municipal Code titled “Speed Limits” is amended as follows: 10.10.020 Speed Limits: The following streets shall have a thirty-five (35) mile per hour speed limit: Street Limits Clover Drive SR-17 to Yonezawa Division Street Seventh Avenue to south city limits East Broadway Avenue 200’ southwest of East Third Avenue to north city limits Grape Drive Valley Road to north city limits Hansen Road Westlake Road to north city limits Pioneer Way Riviera Avenue to SR-17 North Frontage Road Hansen Road to west city limits Pioneer Way Riviera Avenue to SR-17 Prichard Road Entire length Road 7 NE Entire Length Road L 600 feet north of Wheeler Road to 600 feet south of Wheeler Road Road N NE Road 4 NE to ½ mile south of Wheeler Road South Frontage Road SR-17 to east city limits Tyndall Road Entire Length Valley Road Stratford Road to west city limits Westlake Road Entire Length Westshore Drive Westlake Drive to north city limits Wheeler Road Block Street to 200’ east of Road L Yonezawa Boulevard Division Street to Clover Drive Section 2. Section 10.10.040 of the Moses Lake Municipal Code titled “Speed Limits” is amended as follows: 10.10.040 Speed Limits: The following streets shall have a fifty (50) mile per hour speed limit: Street Limits Limits Road L NE North city limits to 600 feet north Moses Lake Council Packet 6-8-21, Page 79 of 80 Street Limits Limits of Wheeler Road and 600 feet south of Wheeler Road to south city limit Road N NE From ½ mile south of Wheeler Road to Road 2 NE Road 7 NE Entire length South Frontage Road Hansen Road to west city limits Wheeler Road 200' east of Road L NE to east city limits Section 3. 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 4. 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, Washington and signed by its Mayor on June 8, 2021. _____________________________________ Devid Curnel, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: June 14, 2021 Date Effective: June 19, 2021 Moses Lake Council Packet 6-8-21, Page 80 of 80