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FINAL 2021 0914 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 OPTION and IN PERSON UPDATE Citizens can join this meeting remotely by calling the numbers listed at the bottom of the agenda or via internet at https://cityofml.zoom.us/j/91539733610. Persons requesting to address the Council from the remote option will need to complete the online speaker request form before 3 p.m. on the day of the meeting. Masks will be required for all in person attendees. Regular Meeting Agenda Tuesday, September 14, 2021 Moses Lake Civic Center – 401 S. Balsam or remote access Call to Order – 7 p.m. Roll Call Pledge of Allegiance 9/11 20th Anniversary Video Tribute Approval of the Agenda Summary Reports: Mayor’s Report - Constitution Week Proclamation - Yonezawa Sister City Letter -Paul Hirai Moment of Silence Additional Business City Manager’s Reports -Stratford Rd. Completion Project Update Motion - Budget Retreat Saturday, October 2, 2021 -Administrative Staff Change Citizen’s Communications September 14, 2021, City Council Meeting Page 2 Public Hearing (Continued) #1 pg xx Fox Property Vacate Ordinance 2982 Motion Presented by Melissa Bethel, Community Development Director Summary: Take public testimony and consider adoption 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 20 a.City Council Meeting Minutes Dated August 24, 2021 b.Claims and Payroll c.Accept Sun Terrace Plat Improvement Phase 7 Resolution 3866 d.Accept Sun Terrace Plat Improvement Phase 8 Resolution 3867 e.RH2 Northshore Lift Station Electrical Services Contract Old Business #3 Motion #4 pg 48 Photo Enforcement Amnesty Program Extension Presented by Kevin Fuhr, Police Chief Summary: Council to review and consider approval pg 50 Snow Removal Policy Update Presented by: Dave Bren, Municipal Services Director Summary: Council to review and discuss New Business #5 Motion pg 87 Nuisance Abatement Resolution 3865 (Johnson) Presented by Melissa Bethel, Community Development Director Summary: City Attorney conducts hearing, Council reviews and considers adoption #6 Motion x2 #7 Motion pg 93 Prorated Utilities Policy Ordinances 2983 and 2984 Presented by Jessica Cole, Utilities Service Manager Summary: Council to review and consider adoption pg 101 School Zone Speed Limit Change Ordinance 2985 Presented by Dave Bren, Municipal Services Director Summary: Council to review and consider adoption September 14, 2021, City Council Meeting Page 3 _________________ #8 Motion pg 106 Black Dot (AT&T) Antenna Lease Renewal Presented by Allison Williams, City Manager Summary: Council to review and consider approval Administrative Reports Council Communications and Reports Executive Session Potential Litigation pursuance to RCW 42.30.110(1)(i) Adjournment Next Regular Council Meeting is scheduled for September 28, 2021 Zoom Meeting – Audio Only Please click the link below to join the webinar: https://cityofml.zoom.us/j/91539733610 Or iPhone one-tap: US: +12532158782,,91539733610# or +13462487799,,91539733610# Or Telephone: Dial(for higher quality, dial a number based on your current location):US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 915 3973 3610. 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. Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Melissa Bethel, Community Development Director Date: September 9, 2021 Proceeding Type: Public Hearing (Continued) Subject: Fox Property Vacate Right of Way Ordinance Legislative History: •First Presentations: July 27, 2021, and August 24, 2021 •Second Presentation: September 14, 2021 •Action: Hear from Public and Motion Overview The purpose of this public hearing is for City Council to take public comment in consideration of vacating a portion of the Right-of- Way (ROW) on Third Ave adjacent to the Lewis Elliot Addition No. 2 plat. On November 26, 2019, Moses Lake City Council adopted Ordinance 2939 vacating a portion of the Right-of-Way dedicated for the development of Third Avenue adjacent to the Lewis Elliott Addition No. 2 plat. That ordinance contained a scrivener’s error in the legal description. The error included a 30’ strip of property that runs 290’ along the southeasterly boundary of said plat. This area is not part of a dedicated right of way (ROW). The corrected legal description is in the attached ordinance. Council opened the Public Hearing, as advertised, on August 24, 2021. No testimony was received and the hearing was continued to September 14. Fiscal and Policy Implications Per RCW 35.79.030, if the street has been part of a dedicated public right-of-way for more than twenty-five years the owners of the property may be required to compensate the city for the full appraised value of the property. Given that the applicant paid the city half of the appraised value for 60’ of ROW when it was originally vacated, no additional compensation is owed to the city or the applicant. One-half of the revenue received by the city as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city. Page 2 of 2 Council Packet Attachments A. Draft Ordinance and Map B. Vicinity Map C. Plat Map D. Request to Vacate ROW Finance Committee Review N/A Legal Review Type of Document Title of Document Date Reviewed Ordinance Fox Property Vacate August 19, 2021 Options Option Results •Hear from Public and adopt ordinance The correct language for the vacation of ROW will be recorded. •Take no action The adjacent property will have a cloud on its title, interfering with potential development or transfer of property. Action Requested Take public testimony and consider adoption of the ordinance as presented. ORDINANCE 2982 AN ORDINANCE VACATING A PORTION OF RIGHT-OF-WAY DEDICATED FOR THE DEVELOPMENT OF 3rd AVENUE NEAR LEWIS ELLIOTT ADDITION PLAT. WHEREAS, on November 26, 2019, the City Council adopted Ordinance No. 2939 to vacate a portion of city right of way described as follows: A PORTION OF RIGHT OF WAY A DISTANCE OF 280 FEET AND 60 FEET WIDE ALONG THE EASTERLY PORTION OF LEWIS ELLIOT ADDITION NO. 2 OF MOSES LAKE, COMMONLY KNOWN AS 3RD AVENUE. Subject to the requirement that the adjacent property owner complete a lot consolidation to eliminate lots without public access and subject to compensation for one half of the purchase price of the vacated property in the amount of $33,852.00; WHEREAS, Ordinance No. 2939 set forth the incorrect legal description and amount of compensation and the notification requirements of RCW 35.79.020 were not met; WHEREAS, the City Council desires to complete the vacation as illustrated on the attached map and corrections to the legal description; WHEREAS, the City set a public hearing for the 24th day of August, 2021, at 7:00 p.m., for the purpose of holding a public hearing regarding the vacation of city right of way as described in the notice which was continued to September 14; and WHEREAS, the notice of the public hearing was given in accordance with RCW 35.79.020 and the public hearing was opened before the City Council on August 24, 2021, and September 14, 2021, for all persons wishing to be heard were heard. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 2939 is hereby declared void and repealed and replaced by this Ordinance. Section 2. The following described public right-of-way shall be vacated: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 9, LEWIS ELLIOT ADDITION NO. 2, PER THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 27, RECORDS OF GRANT COUNTY, WASHINGTON; THENCE N53°42’00”E ALONG THE NORTHWESTERTLY BOUNDARY OF THIRD AVENUE, 280.00 FEET TO THE EASTERLY-MOST CORNER OF LOT 12, OF SAID LEWIS ADDITION NO. 2; THENCE S36°18’00”E, 30.00 FEET TO THE CENTERLINE OF SAID THIRD AVENUE; THENCE S53°42’00”W ALONG SAID CENTERLINE OF THIRD AVENUE, 290.00 FEET TO THE SOUTHERLY-MOST CORNER OF LEWIS Page 2 of 2 ADDITION NO. 2 PLAT; THENCE N36°18’00”W ALONG THE SOUTHWEST BOUNDARY OF THE PLAT, 30.00 FEET; THENCE N52°42’00”W, 10.00 FEET TO THE SOUTHERLY-MOST CORNER OF LOT 9, BEING THE POINT OF BEGINNING. Section 3. The City is in receipt of the full purchase price of the vacated property as compensation. Section 4. Severability. If any section of the 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 5. 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 September 14, 2021. ________________________________________ David Curnel, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: ____________________________________ Katherine L. Kenison, City Attorney Riggs Liebrecht Myers Jackson Curnel Eck Hankins Vote: Date Published: September 20, 2021 Date Effective: September 25, 2021 Vicinity Map DRESS PLAT AND ROSCWPCA PLATPARKHILL-SCEA ADDLEWIS ELLIOTT ADDMONTY HOLM PLATLEWIS ELLIOTT ADDITION NO. 2ELLIOTTADD NO. 2 MOSES LAKE CITY COUNCIL August 24, 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. Mayor Curnel extended the session 15 minutes. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7:15 p.m. by Mayor Curnel with audio remote access. Special notice for attendance and citizen comment were posted on the meeting agenda. Mayor Curnel opened the meeting with a reminder for everyone to be respectful and friendly regarding of each other’s personal beliefs. ROLL CALL Present: Mayor Curnel; Deputy Mayor Jackson; Council Members Myers, Eck, Riggs, Liebrecht, and Hankins. PLEDGE OF ALLEGIANCE Fire Chief Brett Bastian led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Eck moved to approve the Agenda as presented, second by Council Member Riggs. The motion carried 7 – 0. SUMMARY REPORTS MAYOR’S REPORT Childhood Cancer Month Proclamation Mayor Curnel recognizes that September is Childhood Cancer Awareness Month, and that pediatric cancer is the leading cause of death by disease in children. CITY MANAGER’S REPORT New Hire/Promotions – Municipal Services/Community Development An introduction was given of the new Municipal Services Director, David Bren. Caritina Cortez was introduced as the new Housing & Grants Coordinator. Mr. Bren recognized Jaime Gonzalez and Devon Edwards as new employees, but they were not present. Stratford Rd. Completion Project Update The same bid amount from the same bidder was received. City Manager Allison Williams will report back again when this information has been processed with the original Contractor’s Surety. Love’s Travel Stop Road Construction Plan City staff met with WA DOT and Love’s project staff regarding the construction of the I- CITY COUNCIL MINUTES – August 24, 2021 pg. 2 90 on ramp. Council will be made aware as soon as an acceptable closure plan is agreed to by the City. Dangerous Building Declaration: El Primo Carniceria, 323 S. Pioneer Way Staff is working with the property owner’s insurer to ensure that the collapsed building is being demolished in a timely manner. The presence of asbestos has caused some delay. Comprehensive Plan Draft The first draft of the Comp Plan is now out for consideration. The Consultant will provide a presentation to the Planning Commission this Thursday. #1 2nd Quarter Financial Report Finance Director Cindy Jensen summarized that the revenue and expenditures are doing well, and all funds are in good shape. CITIZEN’S COMMUNICATION COVID Mandates Larry Godden, Susie Soto, Matt Moore, Crystal Whitbeck, Timothy Fatland, Teresa Calip, Dennis Knepp, and Jessica Strickland stated their opinions on the mask and vaccination mandates. Drag Culture Museum Lecture Allison Palumbo, Teresa Calip, Dennis Knepp, Barbara Bush, Harold Hochstatter, David Hunt, John Smith, Salah Abed, Jessica Strickland, Rebecca Hutsell, and Cara Galbraith stated their opinions on the Museum Lecture that is occurring on Friday, August 27, 2021. Museum Manager Dollie Boyd provided an overview of the process with Humanities Washington to bring the speaker. Deputy Mayor Jackson and Council Member Liebrecht followed with their feedback on the lecture. PUBLIC HEARING #2 Fox Property Vacate Ordinance This Ordinance is for the consideration of vacating a 30’ by 290’ portion of the Right-of-Way on Third Ave adjacent to the Lewis Elliot Addition No. 2 Plat. The Hearing was opened at 8:40 p.m. and was continued to September 14, 2021. CONSENT AGENDA #3 a. City Council meeting minutes dated August 10, 2021 b. Claim Checks 153036 – 153158 in the amount of $1,653,187.00; Payroll Checks 63984 through 64026 in the amount of $20,462.37; and Electronic Payments dated August 20, 2021, in the amount of $547,738.74 c. Reject Misc. Sewer Repair Project Bid d. Aspect Consulting Task #11 Contract e. RH2 Contract for Tana Lift Station CITY COUNCIL MINUTES – August 24, 2021 pg. 3 Action taken: Deputy Mayor Jackson moved to approve the Consent Agenda as presented, second by Council Member Riggs. The motion carried 7 – 0. OLD BUSINESS #4 Pumper-Tender LOCAL Funding Ordinance 2891 This is the final step for Council action to finance the purchase of a fire apparatus currently under contract to be built. The interest rate for the $840,000 borrowed will be between 1.33% and 2.05% which will be determined after the bond sale in October. The first payment will be due before the end of the year. Action taken: Council Member Liebrecht moved to adopt Ordinance 2891 as presented, second by Council Member Hankins. The motion carried 7 – 0. #5 Local Income Tax Ban Resolution 3863 The resolution provides for the City’s objection to a statewide income tax. The intent is to send a message to the Governor and State Legislature that this type of tax is unwanted. Action taken: Council Member Eck moved to adopt Resolution 3863 as presented, second by Council Member Liebrecht. The motion carried 6 – 1. Council Member Riggs was opposed. NEW BUSINESS #6 Award Burr Ave Water Project There were eight bids for the Burr Avenue Construction project. The lowest bid was from Ellison Earthworks of Richland, WA, and they have not completed any work for the City in the past. Action taken: Council Member Hankins moved to award the Burr Ave Water Project as presented, second by Deputy Mayor Jackson. The motion carried 7– 0. #7 Replacement Brush Truck The Fire Department has the opportunity to replace the 1997 Brush Truck with a demonstrator unit from Henderson, NV. It will be less expensive and quicker than the purchase of a new truck which could take up to 2 years from time of order. Action taken: Council Member Hankins moved to authorize the purchase of the replacement Brush Truck as presented, second by Council Member Eck. The motion carried 7 - 0. ADMINISTRATIVE REPORTS Road Painting Complete Public Works Operations is pleased to announce the successful completion of 2021 Street Striping following a long delay in purchasing the paint due to the COVID pandemic. Smith Travel Report July 2021 The Lodging Tax Report was distributed to Council prior to the meeting. This is a 30- day prior glance at the Lodging statistics in the City so we can track future revenues. CITY COUNCIL MINUTES – August 24, 2021 pg. 4 Staffing Update Council Member Hankins and Mayor Curnel volunteered to participate in the final interviews with staff for the two Human Resource Director candidates. Finance Director Retirement With Cindy Jensen’s retirement, the City is in an interim phase. The City will contract with Gayle Gray as Interim Finance Director to lead the CAFR reports and 2020 State Audit as she is remote. Accounting Manager Wendy Parks and Utility Billing Supervisor Jessica Cole will be on site leads of their divisions. COUNCIL COMMUNICATIONS AND REPORTS Council Members thanked the citizens that showed up to speak regarding current COVID mandates and the Museum lecture scheduled for Friday. Council Member Myers requested a Resolution to make masking and vaccinations a freedom of choice. Council Member Liebrecht thanked Visit WA for reporting back on their LTAC funds used for the 2021 Airshow. She also thanked Finance staff for their work. She shared her support for those wanting masking and vaccinations optional. Council Member Hankins thanked all for their comments and requested that no matter the differences, all would continue to be neighbors and be respectful. Deputy Mayor Jackson expressed his concerns over the timeline of the Stratford Road Completion project. ADJOURNMENT The regular meeting was adjourned at 9:02 p.m. ______________________________________ David Curnel, Mayor ATTEST____________________________________ Debbie Burke, City Clerk To: Allison Williams, City Manager From: Wendy Parks, Accounting Manager Council Meeting Date: September 14, 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 153159 - 153388 $1,960,468.36 Payroll Checks 0064027 – 0064069 $21,977.73 Electronic Payments Payroll ACH – 9/3/2021 $543,547.73 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. Check Name Check AmouCheck Date Invoice Description 45 Dept. of Employment Security 15,955.34 08/23/2021 Pfml 4Th Quarter 2021 153159 Adam & Crystal Zurligen 425.00 08/23/2021 Refund Utility Overpayment 153160 Alex Morton 102.00 08/23/2021 Employee Paid With Personal Cc 153161 Charlotte Massey 168.00 08/23/2021 Refund Utility Overpayment 153162 Cody Fink 248.59 08/23/2021 Refund Utility Overpayment 153163 D2 Commercial 65.12 08/23/2021 Refund Utility Overpayment 153164 Dept Of Licensing 347.00 08/23/2021 State Dealer License‐ Guardian Arms 153165 Gabriel Guevara 118.91 08/23/2021 Refund Utility Overpayment 153166 Guillermo & Erika Garza 138.23 08/23/2021 Refund Utility Overpayment 153167 Heather & Zachary Anderson 293.45 08/23/2021 Refund Utility Overpayment 153168 Jack McLauchlan 76.47 08/23/2021 Refund Utility Overpayment 153169 Jason & Shannon Moore 783.90 08/23/2021 Refund Utility Overpayment 153170 Jessica & Adam Smith 196.33 08/23/2021 Refund Utility Overpayment 153171 John & Donna Williss 285.28 08/23/2021 Refund Utility Overpayment 153172 Kenneth & Marilynne Jorgensen 296.22 08/23/2021 Refund Utility Overpayment 153173 Lad Irrigation Company Inc 4,969.68 08/23/2021 Well Repair 2021 Retainage Release 153174 Morgan Property Management LLC 250.00 08/23/2021 Refund Utility Overpayment 153175 Nobel & Nina Ziebart 151.75 08/23/2021 Refund Utility Overpayment 153176 Robert & Sherry Couey 45.60 08/23/2021 Refund Utility Overpayment 153177 Teresa Gitner 119.52 08/23/2021 Refund Utility Overpayment 153178 Travis Haug & Samantha Crowder 350.00 08/23/2021 Refund Utility Overpayment 153179 Victor M Sandoval 333.97 08/23/2021 Refund Utility Overpayment 153180 Whitney Sell 168.93 08/23/2021 Refund Utility Overpayment 153182 Grant County Auditor 208.50 08/23/2021 Recording Statutory Warranty Deed. 153183 Don Garrison 765.58 08/23/2021 Leoff Retirement 153184 Janelle Sword 1,033.49 08/24/2021 Leoff Retirement 153185 Luther Stowers 738.25 08/31/2021 Leoff Retirement 153186 Margaret Hinshaw 362.59 08/31/2021 Leoff Retirement 153187 Andre & Brandy Guzman 234.85 08/31/2021 Refund Utility Overpayment 153188 Angie Chaufty 45.87 08/31/2021 Reimbursement‐ Binders/Postage 153189 Blake & Michelle Rollins 151.49 09/01/2021 Refund Utility Overpayment 153190 Bouten Construction 356.76 09/01/2021 Refund Utility Overpayment 153191 Briar McKay 218.27 09/01/2021 Refund Utility Overpayment 153192 Christopher Gonzalez & Morgan Glaes 339.55 09/01/2021 Refund Utility Overpayment 153193 Conner Beckwith 132.03 09/01/2021 Refund Utility Overpayment 153194 Crystal Kemp 107.74 09/01/2021 Refund Utility Overpayment 153195 D2 Commercial 145.12 09/01/2021 Refund Utility Overpayment 153196 Daniel R. Wesselius 379.53 09/01/2021 Refund Utility Overpayment 153197 Debra & Richard Graser 18.72 09/01/2021 Refund Utility Overpayment 153198 Dept Of Licensing 125.00 09/01/2021 State Firearms Dealer License 153199 Donna J Foor 241.98 09/01/2021 Refund Utility Overpayment 153200 Dylan & Savannah Signorelli 162.01 09/01/2021 Refund Utility Overpayment 153201 Felix Rea 195.11 09/01/2021 Boot Reimbursement City of Moses Lake Checks Issued with Summary Description For September 14, 2021 Council Meeting 153202 Gabe DeLeon 195.11 09/01/2021 Boot Reimbursement 153203 James & Shirley Knutson 269.49 09/01/2021 Refund Utility Overpayment 153204 Lillian Tokunaga 67.33 09/01/2021 Refund Utility Overpayment 153205 Maksim Tkachev 219.03 09/01/2021 Refund Utility Overpayment 153206 Matthew & Michelle Krogh 240.00 09/01/2021 Refund Utility Overpayment 153207 Matthew & Michelle Krogh 300.00 09/01/2021 Refund Utility Overpayment 153208 Michael & Sharon Detienne 209.47 09/01/2021 Refund Utility Overpayment 153209 Rachel Kilroy 136.04 09/01/2021 Refund Utility Overpayment 153210 Randall & Susan Gubler 123.58 09/01/2021 Refund Utility Overpayment 153211 Reuel Klempel 115.00 09/01/2021 Cdl Reimbursement 153212 Robert & Kiamay Jackson 88.69 09/01/2021 Refund Utility Overpayment 153213 Robyn Druffel 27.73 09/01/2021 Refund Utility Overpayment 153214 Steven & Nancy Fuhriman 48.68 09/01/2021 Refund Utility Overpayment 153215 The Engel Family Revocable Trust 402.42 09/01/2021 Refund Utility Overpayment 153216 Travis Mohs 195.11 09/01/2021 Boot Reimbursement 153217 Washington State Treasurer 18,261.05 09/01/2021 2020 Due To The State Pse Jis Sbc 153219 Abc Hydraulics 16.25 09/01/2021 Air Gov Truck 153220 Affordable Auto Repair Inc 200.95 09/01/2021 Seizure Vehicle Battery 153221 Ag Supply Ace Hardware 133.50 09/01/2021 Supplies 153222 American Linen Inc 122.93 09/01/2021 Linen For Ambulance 153223 Aquatic Specialty Services Inc 873.85 09/03/2021 Afo Class 153224 Badger Meters Inc 58,934.18 09/03/2021 Meters 153225 Basin Propane LLC 54.63 09/03/2021 Propane 153226 Battery Systems Inc 16.13 09/03/2021 Batteries/M‐Cores 153227 Beckwith & Kuffel Industrial 3,156.98 09/03/2021 Lube‐Aeon Pd 5 Gal 153228 Berk Consulting 9,902.50 09/03/2021 Housing Action/Comp Plan July 21 153229 Bound Tree Medical LLC 156.00 09/03/2021 Ambulance Supplies 153230 Bud Clary Ford LLC 3,463.10 09/03/2021 Signal Light Switch 153231 Business Interiors & Equip Inc 35.74 09/03/2021 Office Supplies 153232 Carquest Auto Parts 19.50 09/03/2021 Mini Fuse Panel 153233 Cascade Natural Gas Corp 2,798.75 09/03/2021 Gas Service 153234 Cascadia Law Group PLLC 87.50 09/03/2021 Water Rights Work 153235 Centurylink 3,681.86 09/03/2021 Telephone Services 206‐Z14‐0057 522B 153236 Centurylink 5,969.95 09/03/2021 65336527 July Telephone 153237 Certified Folder Display Service, Inc 1,597.66 09/03/2021 Ltac 153238 Code Publishing Co. 333.11 09/03/2021 Ordinance Codification 153239 Columbia Basin Herald 687.83 09/03/2021 Notice Of Application Ad 153240 Columbia Bearing Bdi 1.25 09/03/2021 C‐050 Set Screw Collar 153241 Commercial Tire Inc 1,344.53 09/03/2021 Flat Repair 153242 Copiers Northwest Inc 548.20 09/03/2021 Equipment Contract Fees 153243 Correct Equipment 1,689.61 09/03/2021 Tube Assemblies 153244 Crewsense LLC 99.99 09/03/2021 Staffing Software Support 153245 Crown Paper & Janitorial 295.06 09/03/2021 Janitorial Supplies 153246 CSWW, Inc 580.41 09/03/2021 Hose Washers 153247 Dobbs Peterbilt‐ Moses Lake 12,285.45 09/03/2021 Belt 153248 EMS Connect, LLC 280.00 09/03/2021 Paramedic Training 153249 Eurofins Microbiology Labritories Inc. 687.50 09/03/2021 Sample Testing 153250 Fastenal Company 756.81 09/03/2021 S Hooks 153251 Ferguson Enterprises Inc #3007 177.31 09/03/2021 Hyd Rep Kit 153252 G & A Truck & Auto Repair 141.10 09/03/2021 Replace Cycling Switch Fm 153253 Galls LLC 194.81 09/03/2021 Uniform 153254 General Fire Apparatus Inc 697.01 09/03/2021 281‐ Tips And Elbow 153255 Grainger Parts Operations 586.27 09/03/2021 Anti‐Siphon Hose Bibb 153256 Greenplay, Llc 6,618.50 09/03/2021 Prof Service 153257 Guardian Security Systems, Inc. 8,161.43 09/03/2021 2021 Thru 2023 Fire Services Unit Price 153258 Heartland Agriculture, LLC 2.93 09/03/2021 Adapter 153259 Home Depot Credit Services 1,693.13 09/03/2021 Home Depot July 2021 Statement 153260 Hopesource 17,449.07 09/03/2021 Enhanced Emergency Housing Funds 153261 Hot Springs Spa & Leisure Inc 5.91 09/03/2021 Supplies 153262 Ibs Inc 1,628.04 09/03/2021 Misc Supplies 153263 Innovative Industries, Inc. 1,699.00 09/03/2021 Slidemaster Deck 153264 J & M Custom Upholstery 649.20 09/03/2021 Seat Repaiar 153265 Jennings Equipment, Inc. 46,258.62 09/03/2021 Pavijet Mini PaverEq. No. 533 153266 Jerrys Auto Supply 686.77 09/03/2021 Oil Absorbent 153267 K & N Electric 6,083.86 09/03/2021 Motor/Compression Lugs 153269 Katherine Kenison, PS 13,960.00 09/03/2021 July Atty Services 153270 Kent D. Bruce Co LLC 470.58 09/03/2021 Magnetic Mic Conversion Kits 153271 Kottkamp & Yedinak, P.L.L.C. 1,172.50 09/03/2021 Pln 2021‐0010 153272 Lad Irrigation Company Inc 234.19 09/03/2021 Supplies 153273 Lake Auto Parts 64.55 09/03/2021 Relay Fm#329 W/O #57933  153274 Leon & Keeble, Inc 727,413.86 09/03/2021 Pay Estimate 4 Larson Rec Center ‐ 2021. 153275 Localtel Communications 942.45 09/03/2021 Internet Services 153276 M‐B Companies Inc 458.89 09/03/2021 Laserline Control Box 153277 Mobile Fleet Service 9,597.81 09/03/2021 Dpf Replacement 153278 Moses Lake Steel Supply 141.44 09/03/2021 Metal, Chains, Hooks 153279 North Central Laboratories 354.11 09/03/2021 Lab Chemical 153280 North Central Washington Fence 954.78 09/03/2021 Supplies 153281 Northstar Chemical Inc 4,077.50 09/03/2021 Sodium Hypochlorite Well #10 153282 Oasis Auto Spa 1,020.00 09/03/2021 City Vehicle Wash July 153283 Oregon‐Washington Lawmen's Associ 150.00 09/03/2021 Jones Training Registration Fee 153284 Oreilly Auto Parts 244.22 09/03/2021 Filters/CapsuleStock 153285 Outdoor Power & Repair 133.60 09/03/2021 Lh Mount Bracket 153297 Samaritan Healthcare 136.00 09/03/2021 Ems Certifications 153298 Schindler Elevator Corp 715.18 09/03/2021 Elevator Maintenance 153300 Shirtbuilders Inc 1,728.80 09/03/2021 Caps 153301 Signs Now/A&W Farris LLC 1,506.53 09/03/2021 Signs For Com Dev. 153302 Sirennet.Com 124.47 09/03/2021 Red/Blue/White Lights 153303 Spokane Television, Inc. 2,766.75 09/03/2021 Ltac 153304 Summit Law Group 308.00 09/03/2021 Hr Pro Services 153305 System Design West, LLC 4,833.00 09/03/2021 Ems Billing For July 2021 153306 The Lifeguard Store 233.50 09/03/2021 Sns Supplies 153307 The Links At Moses Pointe 576.00 09/03/2021 Rec Program 153308 Tlg Properties LLC (Joe Garro) 3,100.00 09/03/2021 Sept Lease 153309 Trophies By Lake Bowl 70.46 09/03/2021 Retirement Plaque‐ C. Jensen 153310 Turf Star Western 728.54 09/03/2021 V‐Belt  Stock 153311 Uline 1,886.58 09/03/2021 Supplies 153312 Ups Freight 77.50 09/03/2021 Shipping And Service Fees 153313 Usps/Pb Postage By Phone 6,000.00 09/03/2021 Refill Postage Machine 153314 Util Undrgrnd Location Center 107.07 09/03/2021 Locates 153315 Verizon Wireless 184.99 09/03/2021 Cellphones Air Cards 7/19‐8/18 2021 153316 Wa Cities Insurance Authority 5,000.00 09/03/2021 Large Deductible Program 153317 WA St Criminal Justice Trng 475.00 09/03/2021 Training Class Registration Fees 153318 Weinstein Beverage Company 141.20 09/03/2021 Water For Parks & Museum 153319 Whitney Equipment Company Inc 9,593.77 09/03/2021 Pump For Noble Ls 153320 A & H Printers Inc 638.48 09/03/2021 Check Stock 153321 AAA Readymix Inc 926.82 09/03/2021 Supplies 153322 Alpine Products Inc 19,443.04 09/03/2021 Traffic Paint 153323 American Red Cross 360.00 09/03/2021 Lifeguarding Class 153324 Aspect Consulting 7,233.75 09/03/2021 Water Rights Work 153325 Badger Meters Inc 3,644.41 09/03/2021 Meters 153326 Business Interiors & Equip Inc 530.76 09/03/2021 Equipment Contract Fees 153327 Central Manufacturing Inc 2,273.85 09/03/2021 Asphalt Patch 153328 Certified Folder Display Service, Inc 1,597.66 09/03/2021 Ltac 153329 CHS Inc 30,401.15 09/03/2021 Fuel For Vehicles 153330 Columbia Bearing Bdi 13.90 09/03/2021 Lubricant ‐281 153331 Columbia Electric Supply 510.61 09/03/2021 Contactors 153332 Consolidated Disposal Service 66,133.61 09/03/2021 Transfer Station 153333 Consolidated Electric Dist Inc 1,244.07 09/03/2021 Ballasts 153334 Country Fabrics 1,508.00 09/03/2021 Summer Sewing Classes ‐ Rec Programs 153335 CSWW, Inc 47.11 09/03/2021 Hex Set 153336 Cummins, Inc. 880.64 09/03/2021 Nitrogen Oxide Sensors Fleet  153337 Databar Inc 5,524.80 09/03/2021 Ml Watershed Council Inserts 153338 Devries Information Mgmt 40.00 09/03/2021 On Site Record Destruction 153339 Dobbs Peterbilt‐ Moses Lake 905.46 09/03/2021 Step/Step Plate 153340 Equifax / Talx UC Express Inc 845.04 09/03/2021 2Nd Quarter Payment 153341 Eurofins Microbiology Labritories Inc. 2,088.80 09/03/2021 Sample Testing 153342 F C S Group 907.50 09/03/2021 Water/Sewer Rate Study 153343 Fastenal Company 963.60 09/03/2021 Shirts/Gloves/Facemasks 153344 Fishingmagician.com 400.00 09/03/2021 Ltac Expense 153345 Galls LLC 1,425.27 09/03/2021 Credit Memo For Uniforms ‐ Merritt 153346 General Fire Apparatus Inc 185.49 09/03/2021 Minor Equipment ‐ Couplings 153347 Grainger Parts Operations 16.91 09/03/2021 Reflective Fire Riser Sign 153348 Grant Co Solid Waste 107,610.51 09/03/2021 Landfill Dumping Fees 153349 HDR Engineering, Inc 4,367.09 09/03/2021 Risk Resiliency Assessment 153350 Helena Agri‐Enterprises LLC 478.04 09/03/2021 Supplies 153351 Jerrys Auto Supply 487.16 09/03/2021 Relay 153352 Kaman Fluid Power LLC 8.44 09/03/2021 Couplers 153353 Katherine Kenison, PS 14,640.00 09/03/2021 City Atty Services August 21 153354 Kim Wheaton 167.65 09/03/2021 Museum Consignment Sales 153355 L N Curtis & Sons 1,022.12 09/03/2021 Oc Spray 153356 Lad Irrigation Company Inc 311.78 09/03/2021 Maintenance Supplies 153357 Lake Auto Parts 214.01 09/03/2021 Lamps **2% Discount Applied** 153358 Lakeside Disposal, Inc 235,053.08 09/03/2021 Lakeside Payment Report 8/2021 153359 Lance, Soll & Lunghard, LLP 3,710.00 09/03/2021 Finance Support 153360 Med Tech Resource Inc 173.32 09/03/2021 N95 ‐ Covid Response*Fit Tested 153361 Moon Security Services Inc 142.85 09/03/2021 Museum Security 153362 Moses Lake BMX Association 622.06 09/03/2021 Rec Program Expense 153363 Moses Lake Business Assn 20,000.00 09/03/2021 Main St. Tax Incentive 153364 Moses Lake Steel Supply 72.56 09/03/2021 Alum Flat 153365 Multi Agency Comm Center E911 52,609.05 09/03/2021 Dispatch Service 153366 North Central Washington Fence 240.50 09/03/2021 Supplies 153367 Northeast Electric LLC 43,200.00 09/03/2021 Pay Est Valley & Grape Signal Cabinet 153368 Northstar Chemical Inc 2,406.05 09/03/2021 Hydrochloric Acid 153369 Northwest Safety Clean 20.69 09/03/2021 Bunker Gear Repair 153370 Oreilly Auto Parts 159.78 09/03/2021 Air Filters/Oil Filters 153371 Oxarc Inc 56.72 09/03/2021 Co2 Cyl 153372 Perteet, Inc. 2,282.50 09/03/2021 Mae Valley Traffic Analysis 153373 Protect Youth Sports 26.85 09/03/2021 Employee Background Checks 153374 Pud Of Grant County 142,059.59 09/03/2021 Electric Services 8978438422 153375 Quill Corporation 2,607.24 09/03/2021 Supplies 153376 Racom Corporation 169.91 09/03/2021 Speaker Mic 153377 Rells Fire Equipment Inc 230.89 09/03/2021 Fire Alarm System Monitoring 153378 Rexel Use Dba Platt Electric 91.25 09/03/2021 Misc Supplies 153379 Richland Research Corporation 659.20 09/03/2021 En Solv 153380 Seabold International Services, LLC 5,550.00 09/03/2021 Claims‐ Professional Services 153381 Shirtbuilders Inc 582.19 09/03/2021 Uniform T‐Shirts 153382 Smarsh Inc 141.25 09/03/2021 Archiving Platform Content Usage 153383 Specialized Safety Products 244.85 09/03/2021 Safety Glasses 153384 Transunion Risk & Alternative 95.50 09/03/2021 Investigation Costs 153385 Ups Freight 87.75 09/03/2021 Shipping And Service Fees 153386 US Bancorp 7,699.36 09/03/2021 Misc. Equipment Lease Payment 153387 Verizon Wireless 11,290.22 09/03/2021 Mobile Telephone Service‐ July 2021 153388 Weinstein Beverage Company 34.75 09/03/2021 Drinking Water Total 1,960,468.36$                   TOTALS BY FUND: FUND NO FUND NAME AMOUNT 001 GENERAL FUND 213,042.11                       102 TOURISM 6,362.07                            103 GRANTS AND DONATIONS 17,650.02                          110 HOMELESS SERVICES 118.03 116 STREET 58,877.76                          119 STREET REPR/RECON 43,200.00                          314 PARK & RECREATION IMPROVEMENTS 727,413.86                       315 PARK MITIGATION CAPITAL PROJECTS ‐                                      410 WATER/SEWER 177,891.65                       471 WATER RIGHTS 477 WATER SEWER CONSTRUCTION 70,267.57                          490 SANITATION 418,413.14                       493 STORM WATER 287.98                               495 AIRPORT 242.63                               498 AMBULANCE 14,150.00                          501 UNEMPLOYMENT COMPENSATION INSURANCE 845.04                               503 SELF‐INSURANCE 10,550.00                          517 CENTRAL SERVICES 25,381.53                          519 EQUIPMENT RENTAL 121,519.42                       528 BUILDING MAINTENANCE 16,667.25                          611 FIRE PENSION 2,899.91                            623 DEPOSIT ‐                                      631 STATE 34,688.39                          TOTAL 1,960,468.36$                  City of Moses Lake Tabulation of Claims Paid‐Summary by Fund Council Meeting Date‐ 9/14/2021 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: David Bren, Municipal Services Director Date: September 2, 2021 Proceeding Type: Consent Agenda Subject: Accept Sun Terrace Phase 7 MP Improvements Resolution 3866 Legislative History: • First Presentation: September 14, 2021 • Second Presentation: • Action: Motion Overview The platting regulations require all street and utility improvements installed in right of way and municipal easements to be accepted by City Council or bonded for prior to recording the plat and issuing building permits. The construction plans are required to be reviewed and approved by the City prior to construction. All the construction work is inspected to assure compliance with the construction plans and City standards. The street and utility improvements in place will serve a forty-six (46) lot residential subdivision. Fiscal and Policy Implications Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements. A Subdivision Maintenance Bond or other approved security in the amount of $432,188.00 (50% of total costs of $864,376.00) to the City is required to be provided by the owners for the two year maintenance period which commences on the date of acceptance of the improvements by the City Council. Council Packet Attachments A. Site Map B. Resolution Finance Committee Review – n/a Legal Review - n/a Page 2 of 2 Options Option Results • Adopt the resolution as presented The improvements will be accepted and the plat can be completed. • Modify the resolution Action would require staff to bring a revised resolution to Council for consideration. • Take no action. The City will not accept the plat improvements and the plat could not be completed. Action Requested Staff recommends City Council adopt the resolution as presented. RESOLUTION NO. 3866 A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF AS PART OF SUN TERRACE NO. 7 MAJOR PLAT Recitals: 1. Street and utility improvements, lying in dedicated right-of-way or easements, are in place and connected to the City of Moses Lake’s street and utility systems as part of Sun Terrace No. 7 Major Plat. 2. Said street and utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards, such facilities being completed in August of 2021. 3. RCW 35.90.030 indicates that public street and utility facilities, which are developer installed should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. Resolved: 1. The City Council of the City of Moses Lake accepts the street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After September 15, 2021, all further maintenance and operation cost of said street and utility improvements, shall be borne by the City of Moses Lake, as provided by City ordinance. ACCEPTED by the City Council on September 14, 2021. ______________________________ David Curnel, Mayor ATTEST: _______________________________ Debbie Burke, City Clerk Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: David Bren, Municipal Services Director Date: September 2, 2021 Proceeding Type: Consent Agenda Subject: Accept Sun Terrace Phase 8 MP Improvements Resolution 3867 Legislative History: • First Presentation: September 14, 2021 • Second Presentation: • Action: Motion Overview The platting regulations require all the street and utility improvements installed in right of way and municipal easements to be accepted by City Council or bonded for prior to recording the plat and issuing building permits. The construction plans are required to be reviewed and approved by the City prior to construction. All the construction work is inspected to assure compliance with the construction plans and city standards. The street and utility improvements in place will serve a thirty-three (33) lot residential subdivision. Fiscal and Policy Implications Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements. A Subdivision Maintenance Bond or other approved security in the amount of $317,955.00 (50% of total costs of $635,910.00) to the City is required to be provided by the owners for the two year maintenance period which commences on the date of acceptance of the improvements by the City Council. Council Packet Attachments A. Site Map B. Resolution Finance Committee Review – N/A Legal Review N/A Page 2 of 2 Options Option Results • Adopt the resolution as presented The improvements will be accepted, and the plat can be completed. • Modify the resolution Action would require staff to bring a revised resolution to Council for consideration. • Take no action. The City will not accept the plat improvements and the plat could not be completed. Action Requested Staff recommends City Council adopt the resolution as presented. RESOLUTION NO. 3867 A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF AS PART OF SUN TERRACE NO. 8 MAJOR PLAT Recitals: 1. Street and utility improvements, lying in dedicated right-of-way or easements, are in place and connected to the City of Moses Lake’s street and utility systems as part of Sun Terrace No. 8 Major Plat. 2. Said street and utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards, such facilities being completed in August of 2021. 3. RCW 35.90.030 indicates that public street and utility facilities, which are developer installed should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. Resolved: 1. The City Council of the City of Moses Lake accepts the street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After September 15, 2021, all further maintenance and operation cost of said street and utility improvements, shall be borne by the City of Moses Lake, as provided by City ordinance. ACCEPTED by the City Council on September 14, 2021. ______________________________ David Curnel, Mayor ATTEST: _______________________________ Debbie Burke, City Clerk Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, Municipal Services Director Date: September 9, 2021 Proceeding Type: Consent Agenda Subject: RH2 Contract for Northshore Lift Station Electrical Design Legislative History: •First Presentation: September 14, 2021 •Second Presentation: •Action: Motion Overview The City is designing a new lift station that is be known as the Northshore Lift Station. Electrical design is one area that the City does not have in-house expertise. Electrical and communications design, specifications, bidding support, construction support, and final inspection support is proposed to be conducted through on-call engineering services by RH2 Engineering. Staff is requesting to execute a Task Authorization for the electrical panel and communications design as well as the necessary programming for the Northshore Lift Station. Council authorization is requested, as this task brings the amount above the administrative authorization amount. This project and task are already included in the 2021 budget. Design and programming services will be conducted as a not to exceed fee of $69,665. Fiscal and Policy Implications The project will require existing planned and budgeted funds to be spent. Council Packet Attachment A. Fee Proposal and Scope of Work Finance Committee Review N/A Page 2 of 2 Legal Review N/A Options Option Results • Authorize as presented Staff will direct RH2 Engineering to conduct the work as a previously planned and budgeted task. • Provide staff with changes • Take no action. Staff will direct RH2 Engineering to hold with the electrical and communications design for the Northshore Lift Station and Staff will hold for further direction from City Council. Action Requested Staff recommends authorizing the City Manager to execute the Engineering Services Contract to RH2 Engineering for the planned and budgeted electrical and communications design for the Northshore Lift Station not to exceed amount of $69,665. Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Kevin Fuhr, Police Chief Date: September 1, 2021 Proceeding Type: Old Business Subject: Photo Enforcement Amnesty Program Extension Legislative History: • First Presentation: September 14, 2021 • Second Presentation: • Action: Motion Overview In June of 2020, the Washington State Judicial Ethics Advisory Board issued an opinion finding that a City’s use of an employee to serve as a municipal court clerk creates an ethics violation because there is no separation between the Judicial and Executive branches of government. Finding a solution to this issue has been a slow process and requires the cooperation of the District Court and Grant County. Currently, a draft Interlocal Agreement is being circulated and the parties hope to have a resolution shortly which provides for the City’s use of a District Court Clerk as a municipal court clerk. In the interim, however, municipal court operations have been suspended since June, 2020. As a result, the City has amassed a backlog of more than 530 municipal court citations, many of which are photo enforcement violations. Grant County District Court has expressed a concern with processing the backlog which has prompted the City to explore the opportunities for reducing the backlog. One option is to offer an amnesty program, similar to what other cities have done, which entails offering violators a onetime opportunity to pay off tickets at a reduced rate. I would propose that between June 1, 2020 through June 30, 2021, the City of Moses Lake offer violators an opportunity to pay a reduced fine (50%) to decrease the number of court appearance requests that have been backlogged during the court shutdown. At the same time, I would also recommend sending each violator a new Declaration form giving them the opportunity to check one of the three boxes, again with the intent of reducing the number of court appearances. This reduction in fine amounts would not constitute a gifting of public funds as it would be offered equally to every violator and would benefit the City by reducing the backlog of citations while providing some revenue. Upon conferring with our photo enforcement vendor, Redflex, we are advised that all that is required is to notify them of the reduced fine amount so that they can make the adjustments. Page 2 of 2 At the same time, we would also offer waiving any late charges in hopes of getting violators to pay their overdue fines. The goal of offering these incentives would be to generate compliance. After June 30, 2021, the MLPD will reassess the number of violators that have either paid the reduced fine amount or checked one of the Declaration boxes and decide if further incentives are needed. I am hopeful that with the reduction in fines and opportunity to complete a new Declaration form, we will greatly reduce the number of violators requesting a court appearance prior to the re-start of municipal court operations. UPDATE Due to the continued uncertain start date of Municipal Court, we felt that we needed an additional extension to the Amnesty Program with an ending date of November 30, 2021. Fiscal and Policy Implications – N/A Council Packet Attachments – N/A Finance Committee Review – N/A Legal Review – N/A Options Option Results • Authorize as presented Staff will send letter to defendants. • Provide staff with changes Staff will make changes as requested by Council. • Take no action No action will be taken. Action Requested Staff requests Council to authorize the continuation of the amnesty program. Page 1 of 3  STAFF REPORT  To:    Allison Williams, City Manager  From:    Dave Bren, Municipal Services Director  Date:    September 9, 2021  Proceeding Type: Old Business  Subject: City Snow Plowing Policy Update  Legislative History:   First Presentation: September 14, 2021   Second Presentation:    Action: Discussion    Overview  Preparations are underway for the 2021‐2022 snow plowing and de‐icing season, which includes  a review and update of the City Snow Plowing Policy.  The primary change to the policy is as  follows:  Combined Public Works and Parks Policy:  The two policies have been combined and  coordinated into one policy.  Chapter 1 provides for City Streets policy, as maintained by  the Public Works Department.  Chapter 2 provides for Public Sidewalks and Public  Parking Lots, as maintained by the Parks Department.  The updated plan helps to coordinate the snow response by the City in phases as follows:  PHASE1 ICE/SNOW REVIEW (CONDITIONS+FORECAST):   Public Works and Police  Department coordination, review, and determination to move to Phase2  and/or recommend Phase3  PHASE2  ARTERIALS:  Public Works begins plowing arterial streets per plan.   PARKING LOTS:  Parks Department begins plowing the public parking lots.   PUBLIC TRAILS & SIDEWALKS:  Parks Department in communication with  Public Works to determine plowing of trails and sidewalks.  Coordination is  important, as sidewalk plowing needs to happen after street plowing to avoid  berm pile rework on sidewalks.  PHASE3 RESIDENTIAL STREETS REVIEW (CONDITIONS+FORECAST):  City Manager and  Municipal Services Director coordinate, review, and determination call out of  pre‐selected contractor for Bus Route and Residential Street plowing per plan.  Page 2 of 3     RESIDENTIAL STREETS (CONTRACTOR SUPPORT):  Please find the City’s annual Request for Quotes  for “2021 Snowplowing Contract” attached, which is currently out for quotes.  We expect to open  quotes for that work on September 22, 2021, and we will bring it forward for Council review on  September 28, 2021. The contract allows for the City to call out a residential snowplow contractor  for Bus Routes and Residential Streets, that are not typically plowed with the same effort as the  arterial streets.   Some items that are typically discussed with snow events:  1. Question:  The City didn’t clear the berms in front of the driveways and mailboxes.   Response:  The City’s policy requires the property owners to remove the berm for  their driveway access and mailbox. The additional cost to the City, from prior year’s  estimates would triple the cost of a snowfall event. The contractor would be required  to add special chutes on their motor graders and the additional time spent by the  contractor to adjust their equipment for each driveway and mailbox. Previous report  from 2020 was that this chute would cost the City an additional $75,000 per event.    2. Question:  Are their any organizations that might volunteer to remove the snow  berms for the elderly?  Response:  City is looking into service organizations for support.    3. Question:  When will the City plow my street (residential)?  Response: All the residential streets will be plowed when the City calls in the  contractor to plow all of the residential streets. The contract divides the City into three  sections, so that the contractor can work on each of the three sections  simultaneously. The residential contract typically takes two to three days. The  determination of when to call in the residential snowplow contractor is based on road  conditions, depth of snowfall, and future weather forecast. The contractor can  typically prepare their equipment and get a crew lined up within 12 hours after the  call is made by the city. The weather does not always play fair, and sometime the  holidays make it difficult for the contractor to get a crew lined up.  4. Question:  What materials does the City use to prevent ice?  Response:  The City applies a liquid product consisting of MgCl. The concentration is  determined by the road temperatures and predicted snowfall.  5. Question:  What materials does the City use when the roads are iced up?  Response:  When the roads get iced up, then the City uses a solid granular product.         Page 3 of 3  Fiscal and Policy Implications  Determination of when to plow residential streets will typically run about $35,000 per snow event.  Council Packet Attachments  A. Standard Operating Procedures for Snow and Ice Control 2021/2022  B. Request for Quotes “2021 Snow Plowing Contract”  C. Draft 2021 Snowplow Routes    Finance Committee Review  N‐A      Legal Review    N/A  Options  Option Results   Revise the Snow and Ice Control policy Staff will make changes as suggested and use the  updated policy.   Make no changes to the policy Staff will use the policy as written.    Action Requested  Staff requests Council review and comment regarding the updated Snow and Ice Control Policy.    CITY OF MOSES LAKEMOSES t_AKCSTANDARD OPERATING PROCEDURESFORSNOW AND ICE CONTROL2021/2022Chapter I: STREETSChapter 2; SIDEWALKS & PARKING LOTS Chapter 1: STREETSSNOW AND ICE CONTROLA. SNOW PLOWING CITY STREETSSnow control on the city streets is the responsibility of the Municipal Services Department, StreetDivision. After normal working hours they are assisted by the Police Department in the determinationof when and where to plow or de-ice.Snow plowing will begin on arterial streets when the snow depth downtown reaches 2-3".Thefollowing streets take priority and will be plowed first but not necessarily in the order listed.TABLE 1: Arterial Streets1.Alder Street5th Avenue to Broadway Avenue2.Stratford RoadBroadway Avenue to Sagedale Road3.Wheeler Road/Fifth AvenueBeech Street to 'N' Road4.'N' RoadRoad 2 NE to Road 4 NE5.Hospital RoadWheeler Road to Samaritan Hospital (if needed).6.^L' RoadSouth end of Runway to 1,000 feet past Wheeler Road7.Pioneer WayEast Broadway Avenue to Clover Drive8.Division Street4^ Avenue or 5^ Avenue to Road 1 NE (to south Citylimits)9.Yonezawa BlvdDivision Street to SR-1710.Kittelson RoadMaiers Road to 'L' Road11.'L' RoadKittelson Road to last building at Auto Plex12.Maiers RoadKittelson Road to Yonezawa Blvd13.Clover DriveYonezawa Blvd to SR-1714.Valley RoadStratford Rd. to Cascade Park (this reflects the history ofthe City plowing adjacent to Fairgrounds)15.'H' RoadScott Road to Valley Road16.Grape Dr. and Central Dr.Valley Road to Valley Road17.Market StreetGary Street to top of hill18.Randolph RoadNorth city limits south to Moses Lake Industries19.Tyndall RoadRandolph Road to 1,200 feet to the east20.Road 7Randolph Road to 1,200 feet to the east21.Loring DriveRxR tracks to 200 feet BEFORE Patton Blvd22.Westover DrivePatton Blvd to Owen Road23.Owen RoadHarris Road to Westover Blvd24.Hansen RoadIdaho Street to Westshore Drive25.Westshore DriveWestlake Drive to Hansen Road26.Westlake DriveWestshore Drive to Hansen Road27.Road T'North Frontage Road to 'End of Road' Barricade28.Sage RoadFrontage Road to Laguna Drive29.Sand Dunes RoadSage Road to end of pavement30.LagunaDriveAt State Patrol31.Peninsula Dr./Lakeshore loopWanapum Drive to Wanapum Drive (include WanapumDrive)32.Pritchard RoadIdaho Street to Laguna Drive, right hand lane only B. SCHOOL BUS ROUTES AND RESIDENTIAL STREETSThe City Manager and Municipal Services Director will determine when the school bus routes andresidential streets shall be plowed. Private contractors with road graders will be called out to perform thiswork. The City will prepare a contract for residential streets and school routes each year, and the StreetDivision will call out the contractor when directed by the City Manager, Municipal Services Director, orPublic Works Division Director. The decision to call out the contractor will be based on informationregarding the depth of predicted snow, the current road temperature, the immediate temperature forecast,and the amount of moisture in the snow.C. BLADING (CITY ROAD GRADERS)Third Ave. from West Broadway Ave. to Block St. will be bladed to the center. Crews from otherMunicipal Services Divisions and other City Departments will pick up and removesnow from the core of the Central Business District, under the direction of the Street Maintenance Manager.The Street Maintenance Manager will maintain a list of employees for help with this work. AFSMEemployees will take first priority. Block Street to East Broadway, and Central Business District crossstreets, may be bladed to the curb, if needed. The road grader will open up intersections on BroadwayAvenue after the snow is plowed to the center of the road. Snow picked up from the downtown corridorwill be placed in either McCosh Park or Lauzier Field parking lots, as coordinated with the Parks,Recreation, & Cultural Services Director.D. DOWNTOWN SNOW REMOVALWhen a snow event has an accumulation of 2-3" in the downtown area, the Police Department will notifythe Street Division by calling 509.764.3951 (Use Option I after hours). If during normal working hours,call the Street Maintenance Manager at 509.760.4407 or 509.764.3951.E. MUNICIPAL AIRPORTThe Moses Lake Municipal Airport is plowed by city personnel in accordance with Municipal Airport SnowPlow Policy and map. Snowfalls of 1-inch or greater may be plowed at the beginning of the day after thesnowfall event has occurred.F. DE-ICER AS A PROACTIVE MEASURE PRIOR TO ICE AND SNOW EVENTSDe-icer will be applied by the Street Division as directed by the Street Maintenance Manager. De-icing willbe typically applied during regular working hours based on predicted weather conditions. The de-icer willconsist of MgCl, IntegriBlend M (see attached product sheet), at a rate of 30 gallons/mile or greater. Theactual rate may be increased in accordance with the Table 1: MgCl Application Rates, which rates arebased on predicted road temperature, and predicted snowfall for a 1-3 day forecast. Predicted roadtemperature will be estimated on the coldest predicted air temperature for the next three days. TABLE 2: MgCl Application Rates (gailons/Iane mile)Precipitation (snowfall) ->■Temperature °F0-1.5 inch1.5 to 2.5 inch2.5 to 3.5 inch3.5 inch and greater3025303540283035404525354045502045505560185055606516556065701460657075De-icer will be applied in the following priority, but won't necessarily take place in the order listed.TABLE 3; Principal Streets:SOUTH SIDE OF ALDER STREET CROSSING1. Hospital Road2. Wheeler Road & S Comers, TSl' Rd.3. Pioneer Way4. Olive Street5. Division Street (& Round-About)6. Third Avenue7. Ivy Street8. Hill Avenue9. Balsam & Garden hills N. of Hill Avenue.10. Chuckle Lane11. Nelson Road (from Division to Eastlake)12. Eleventh Ave., Baker St.13. Linden Lane, Beaumont, Belmont14. Streets around schools15. School Bus RoutesNORTH SIDE OF STRATFORD ROAD CROSSING1. Alder Street & Stratford Road2. Valley Road and "H" Road3. Market Street4. Penn Plaza driveway at signal5. Streets around schools6. School Bus RoutesTABLE 4: Additional streets that may need de-icing after the principal streets are completedSOUTH SIDE OF ALDER CROSSING1. Canterbury, Hawthorne, Plum2. Coolidge, Lark, Terrace3. Clover @ SR-17 & Nelson Alderwood @ Pioneer Nelson @ Pioneer4. Sharon @Pioneer5. Kittelson @ SR-176. Nelson @ Jefferson to Division7. Skyline @Nelson 8. Sharon @ Skyline9. Jones @ Division10. Linden, Belair, Inglewood & Belmont @ Division11. Bridge over 1-90 @ Division12. Baker, Grant, Skyline, State 4th & 5th @ Division13. Dogwood @Broadway, 3rd, 4th, 'A' St., W. 3rd & W. Broadway14. Locust, Barbara, Burress @ W. Broadway15. Peninsula @Locust, Burress & 1-90 Bridge16. Montana @Westlake Dr., Westshore & Hansen17. Marina & Gibby, W. Broadway, @ JR EconomartNORTH SIDE OF ALDER CROSSING1. Knolls Vista @ Stratford, Loop, Reisner, Ridge @ Reisner2. Reisner @ Central Sage Bay area3. Loop @ Central, Grape4. Grape @ Oregon, Valley, SRI 75. Virginia (off Paxson)All signalized intersections and residential hills will be de-iced as needed or when the trucks are in theabove areas. Other areas of the City may be de-iced after City staff determines the areas listed above arereasonable safe for travel.The Street Division also maintains a stockpile of granular MgCl for ice events that occur. In cases whereice was not prevented, the Street Maintenance Manager will direct the Street division to apply the granularproduct as needed.G. CALL OUT PROCEDURE FOR SNOW AND ICE CONTROLWhen snow and ice events occur, the call-out procedure for after-hours, weekend, and holidays can beinitiated by the Police Department. Snow and Ice events should be called at any time of the day to thePublic Works Administration office at 509.764.3951. If after normal working hours, select option 1 tobe connected with an after-hours emergency call-out service. Normal working hours are Monday-Friday, 7:30 a.m.- 4:00 p.m., excepting holidays.The Duty Sergeant or Officer-In-Charge for the Moses Lake Police Department should request de-icingby calling 509.764.3951 after he has taken the following steps:1. Visually check all controlled intersection on Broadway Avenue, 3"* Avenue, Pioneer Way,Division Street, Valley Road, Stratford Road, and Wheeler Road.2. Evaluate the traffie flow and roadway condition, taking into account the ability of our policecars to operate safely.If de-ieing is recommended after these steps are taken, the Street Maintenance Manager will follow the"Call Order" on the "Emergency Response Page" following. H. SIDEWALKS AND PARKING LOTSSidewalks and parking lots are the jurisdiction of the Parks, Recreation, and Cultural Services Department.Chapter 2, Sidewalks and Parking Lots, follows. Municipal Services will coordinate their snow & ice effortswith the Parks, Recreation, and Cultural Services Department. Other departments and divisions for the Citymay be called on when needed to help with snow & ice. PUBLIC WORKS DEPARTMENTEMERGENCY RESPONSE LISTMunicipal Services Director - Dave Bren 509.764.3777Public Works Division Director - Mike Moro 509.764.3949STREETCall 509.764.3951HOME TELEPHONE NUMBERS SHALL NOT BE PROVIDED TO THE PUBLIC.Call order1. Street/Stormwater Division employees by seniority2. Remainder of AFSCME employees by seniority, with a commercial driver license (CDL)3. Other City employees with a CDL Chapter 2: SIDEWALKS & PARKING LOTSParks, Recreation & Cultural Services Snow RemovalSnow control in parking lots, sidewalks, and trails is the responsibility of the Parks, Recreation & CulturalServices, Parks Maintenance Division. After normal working hours, they will work with the Street Division inthe determination of when to start snow removal operations.During normal working hours, sidewalks will be cleared and deiced throughout the day as needed for safe entryand exit of city facilities.After hours and weekend snow removal will begin when the snow depth downtown reaches 2-3" and the StreetDivision has had sufficient time to clear roads adjacent to city-maintained sidewalks.A. PARKING LOTSParks, Recreation & Cultural Services Department will clean, pile, and remove snow, if necessary, in all Cityparking lots. Parking lots of occupied city buildings will be cleared before or after normal working hours whenthey will be empty. The following areas take priority and will be plowed first but not necessarily in the orderlisted.TABLE 1: PARKING LOTS1. Fire Station 12. Fire Station 23. Civic Center4. Operations Complex5. Larson Recreation Center6. The Learning Center7. Sinkiuse Square Parking Lot8. Library9. Skate Park10. Dogwood Court Landscape Area11. Japanese Garden12. McCosh Park13. Cascade Park14. Lauzier Athletic Complex15. Knolls Vista Park16. Lower Peninsula Park17. Montlake Park18. Larson Playfield19. Blue Heron Park20. Larson Treatment Plant21. YonezawaPark22. Dano Park23. Basin Homes Dog Park B. SIDEWALKS TRAILSThe Parks, Recreation & Cultural Services Department is responsible for city-owned sidewalks. Additionally,City maintained sidewalks and activity trails will be serviced by the Parks, Recreation, and Cultural Services'Department in accordance with MLMC 12.20.020. A list of those current city-maintained sidewalks in additionto those adjacent to city-owned facilities is provided below:1. Joseph Gavinski Activity Trail. Valley Road, Stratford Road, Neppel Park, Railroad Right-Of-Way,Holm Street, Marina Drive, Interlake Road, Broadway Avenue, through Blue Heron Park to the CoveWest neighborhood. The activity trail along the south side of Valley Road starting at Cascade Parkentrance thence easterly to the Vista Short Plat, thence between the Vista Short Plat and the KnollsVista Plat to Stratford Road, thence southerly along the west side of Stratford Road to where theactivity trail enters the Neppel Park, thence through Neppel Park and along the railroad right-of-way toHolm Street, thence along the northeasterly side of Holm Street to Marina Drive, thence southerly alongthe east side of Marina Drive to Interlake Road, thence easterly along Interlake Road to BroadwayAvenue, thence southerly along Broadway avenue to the south comer of the Hallmark Inn and Resorts,Inc. Short Plat, thence westerly along the north side of 1-90 to Blue Heron Park, thence northerlythrough Blue Heron Park to Bluff West Drive2. Pioneer Way. The sidewalk along the west side from the northeasterly comer of Lot 6, Garden HeightsAddition, to the northeeisterly comer of Lot 42, Garden Heights Second Addition.3. Pioneer Way. The sidewalk along the east side from the northwesterly comer of Lot 3, LakeviewTerrace Unit #1, to a point twenty-two feet (22') north of the northwesterly comer of Lot 15 of said plat.4. Wanapum Drive. Along the south side from Lakeshore Drive to Peninsula Drive.5. Activity Trail. East side of Division Street southerly from the comer of Nelson Road to YonezawaBoulevard thence easterly along the north side of Yonezawa Boulevard to Highway 17.6. Division Street /1-90 Bridge.7. West Broadway Avenue /1-90 Bridge8. Peninsula Drive /1-90 BridgeC. CALL OUT PROCEDURE FOR PARKS, RECREATION, & CULTURAL SERVICES SNOWREMOVALWhen snow and ice events occur, the call-out procedure for afler-hows, weekend, and holidays cm be mitiatedby the Street Division. Snow and Ice events should be called at any time of the day to the Pwks, Recreation,Cultural Services office at 509-764-3805. Normal working hours are Monday - Fnday, 8:00 am - 4:00 pm,except holidays. CITY OF MOSES LAKEMUNICIPAL SERVICES DEPARTMENTSTREET DIVISIONREQUEST FOR QUOTES2021 Snow PlowingContract No. 116.2021.03Quote Submittal DeadlineSeptember 22, 2021; 2:00 p.m.DAVE BREN, PE, MSCE4cipal Services DirectorMICHAEL G. MORO, I / BRIAN BALTZELLPublic Works Division Directon / \J Street Maintenance Manager2021 Snow Plowing- Contract No. 116.2021.03 Page 1/24 2021 Snow Plowing– Contract No. 116.2021.03 Page 2/24 NOTICE TO CONTRACTOR 2021 Snow Plowing Moses Lake, Washington Sealed quotes will be received until September 22, 2021; 2:00 p.m., for the above named work. All quotes shall be mailed or hand delivered with 2021 Snow Plowing marked plainly thereon. To receive Request for Quotes for this project, please email publicworksadmin@cityofml.com. Please submit sealed quotes to one of the following: Mail To: Drop off: City of Moses Lake City of Moses Lake Public Works Public Works PO Box 1579 11789 Road 4 NE (Do Not Mail To This Address) Moses Lake, WA 98837 Moses Lake, WA 98837 All Contractors submitting a quote on this project should attend a preview inspection of the project sites. Preview inspections are by appointment. Contact person: Brian Baltzell Street Maintenance Manager 509.764.3935 (office) or 509.760.4407 (cell) PROJECT DESCRIPTION: Plow snow to the curb on residential and commercial streets as directed by the City. The Contractor shall provide all labor, equipment, and materials required to satisfy the snow plowing requirements in accordance with the Contract and as directed by the City. Estimated project cost is $35,000.00. The contract is for purchased services and is not a Public Works contract. The Contractor shall provide proof of insurance, in accordance with the insurance requirements provided in the contract documents. The City reserves the right to reject any or all quotes if such action is in the best interest of the City. For service contracts, the term “Contractor” is defined as a service provider, vendor, or other contractor. 2021 Snow Plowing– Contract No. 116.2021.03 Page 3/24 CHECKLIST The following checked items are included in this quote package: X Cover Page (1 page) X Notice to Contractors (1 page) X Checklist (1 page) X Non-Collusion Declaration (1 page) X Indemnification and Waiver Acknowledgment (1 page) X Proposal (4 pages) X Contract (5 pages) X Certification of Compliance with Wage Payment Statues (1 page) X General Requirements (3 pages) X Insurance Requirements (4 pages) X Special Provisions (7 pages) 2021 Snow Plowing– Contract No. 116.2021.03 Page 4/24 NON-COLLUSION DECLARATION By signing the proposal, I hereby declare, under penalty of perjury under the laws of the State of Washington, that the following statements are true and correct: 1. That the person(s), firm, association, or corporation signing the proposal has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL QUOTERS To report bid rigging activities call: 1-800-424-9071 The U. S. Department of Transportation (USDOT) operates the above toll-free “hotline” Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report such activities. The “hotline” is part of USDOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. from DOT form 272-036H, Revised 10/94 2021 Snow Plowing– Contract No. 116.2021.03 Page 5/24 INDEMNIFICATION AND WAIVER ACKNOWLEDGMENT INDEMNIFICATION By signing this proposal, I hereby declare under penalty of perjury under the laws of the State of Washington, that I have read Standard Specification 1-07.14 as amended by the Special Provisions and hereby declare and agree to be bound by the indemnification contained therein including the industrial insurance immunity waiver. I also agree that these provisions were mutually negotiated between the parties in the competitive bidding process in connection with the project for which this proposal is submitted. By signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. WAIVER By submitting a quote, I agree to waive all claims that I have or may have against the Owner, the Architect, the Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of quotes. 2021 Snow Plowing– Contract No. 116.2021.03 Page 6/24 2021 Snow Plowing Contract No. 116.2021.03 PROPOSAL Page 1 of 4 TO: CITY OF MOSES LAKE DATE:_______________________________ CONTRACTOR’S NAME: _____________________________________________________________________ CONTRACTOR’S LICENSE NUMBER:__________________________________________________________ CURRENT UBI NUMBER:_____________________________________________________________________ INDUSTRIAL INSURANCE ACCOUNT NUMBER:________________________________________________ EMPLOYMENT SECURITY DEPARTMENT NUMBER:____________________________________________ STATE EXCISE TAX REGISTRATION NUMBER:_________________________________________________ PHONE NO:_________________________ FAX:NO:_________________________________________ CONTRACTOR’S MAILING ADDRESS: _________________________________________________________ _________________________________________________________ _________________________________________________________ The Undersigned certifies that he or she has had the opportunity to examine the location of work as outlined in the specifications for the 2021 Snow Plowing and has read and thoroughly understands the specifications and hereby proposes to undertake and complete the work embraced in this quote package. The prime Contractor shall complete 100 percent of all the work with his or her own labor and equipment. The contract is for purchased services and is not a Public Works contract. QUOTE OPENING: September 22, 2021; 2:00 p.m. QUOTE OPENING LOCATION: Public Works Administration Office, 11789 Rd 4 NE, Moses Lake, Washington. NOTE: UNIT PRICES FOR ALL ITEMS, ALL EXTENSIONS, AND TOTAL AMOUNT OF QUOTE SHALL BE SHOWN. 2021 Snow Plowing– Contract No. 116.2021.03 Page 7/24 2021 Snow Plowing Contract No. 116.2021.03 Proposal Page 2 of 4 Item No. Description Quantity Unit Unit Price Amount 1 Mobilization (Insurance) 1.0 LS $ 500.00 $ 500.00 2 Motor Grader 160 HR Sub-total $ Tax 0% $ 0.00 Total $ The undersigned, under penalty of perjury under the laws of the State of Washington does hereby certify that; 1. The above is a true and honest bid. 2. The undersigned has read and agrees to the provisions of the Non-Collusion Declaration; 3. The undersigned has read and agrees to the provisions of the Indemnification and Waiver Acknowlegment. 4. By signing below, I verify that I have signing authority. Except for companies with one governing person, proof of signing authority is required if awarded the Contract. Proof of signing authority may include corporate resolution, corporation bylaws, or operating agreement that indicates signing authority. 5. By signing below, I verify under penalty of perjury that I am in compliance with the responsible bidder criteria requirement of subsection (1)(g) of RCW 39.04.350. Name of Firm:___________________________________________________________________________________________ Printed Name: _____________________________________ Signature:______________________________________________ Title: ____________________________________________________________________ Date: __________________________ 2021 Snow Plowing– Contract No. 116.2021.03 Page 8/24 2021 Snow Plowing Contract No. 116.2021.03 Proposal REFERENCES Page 3 of 4 List of three (3) references you serve in Washington. 1. Company Name ___________________________________________________________ Address: ___________________________________________________________ Contact Person: ___________________________________________________________ Telephone: ___________________________________________________________ 2. Company Name ___________________________________________________________ Address: ___________________________________________________________ Contact Person: ___________________________________________________________ Telephone: ___________________________________________________________ 3. Company Name ___________________________________________________________ Address: ___________________________________________________________ Contact Person: ___________________________________________________________ Telephone: ___________________________________________________________ Name of Firm: __________________________________________________________________________ By: __________________________________________ Title:____________________________________ Signature:____________________________________ Date:_____________________________________ 2021 Snow Plowing– Contract No. 116.2021.03 Page 9/24 2021 Snow Plowing Contract No. 116.2021.03 Proposal Page 4 of 4 ATTACHMENT “A” Describe Equipment That Will be Used for Snow Plowing Operations: _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ __________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 2021 Snow Plowing– Contract No. 116.2021.03 Page 10/24 CITY OF MOSES LAKE CONTRACT Project: 2021 Snow Plowing Contract No. 116.2021.03 Page 1 of 5 1. Parties and Date: This contract is entered into at Moses Lake, Washington on ______________ by and between the City of Moses Lake a municipal corporation, and ________________, a ________________________, herein the Contractor: 2. Agreement: In consideration of the terms and conditions contained herein and those conditions, specifications, and terms attached and made a part of this agreement, the parties covenant and agree as follows: 2.1 The Contractor shall obtain all required permits and shall do all work and furnish all materials, tools, and equipment for the 2021 Snow Plowing in accordance with and as described in the plans and specifications furnished by the City of Moses Lake. The Contractor shall perform any alterations in or additions to the work provided under this contract and every part thereof. 2.2 The City of Moses Lake shall pay the Contractor for the performance of this contract subject to any additions or deductions provided for herein, in a sum not to exceed __________________________________________ ($____________), which includes all expenses for material, manpower, equipment, taxes and fees, etc. 2.3 The City of Moses Lake and Contractor recognize that time is of the essence of this contract and the city will suffer financial loss if the work is not completed within the time specified in paragraph 2.3 above. They also recognize the inconvenience, expense and difficulties involved in a legal proceeding to prove the actual loss suffered by the City if the work is not completed within the time allowed in the Contract. Accordingly, the City and the Contractor agree that as liquidated damages for delay, and not as a penalty, the Contractor shall pay the City the sum of $250 per day for each working day this work remains uncompleted and after expiration of the specified time, as liquidated damages. 2.4 The City of Moses Lake promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done, work described above and to complete and finish the same according to the plans and specifications attached hereto as Exhibit 1 and the terms and conditions contained herein and contracts to pay for the same according to the specifications and the proposal attached hereto, at the time and in the manner 2021 Snow Plowing– Contract No. 116.2021.03 Page 11/24 Project: 2021 Snow Plowing Contract No. 116.2021.03 Page 2 of 5 and upon the conditions provided for in this contract. 2.5 The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does agree to the full performance of all the covenants contained herein upon the part of the Contractor. 2.6 It is further agreed that no liability shall attach to the City of Moses Lake by reason of entering into this contract, except as expressly provided herein. 3. Contractor’s Representations: In order to induce the City of Moses Lake to enter into this Contract, Contractor makes the following representations: 3.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Work. 3.2 Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the Work which were relied upon by Engineer in the preparation of the Drawings and Specifications. 3.3 Contractor has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 3.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Contractor considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, exploration, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 3.4 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 3.5 Contractor has given Engineer written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 2021 Snow Plowing– Contract No. 116.2021.03 Page 12/24 Project: 2021 Snow Plowing Contract No. 116.2021.03 Page 3 of 5 4. Miscellaneous provisions: 4.1 Contractor shall comply with all requirements contained in the attached Exhibits A-B regarding insurance and indemnification. The provisions of Exhibits A-B are incorporated herein as though fully set forth, and are by this reference made a part hereof. 4.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 4.3 City and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, contracts, and obligations contained in the Contract Documents. 4.4 The Contractor warrants that all services performed pursuant to the Contract shall be generally suitable for the use to which the City intends to use said services as expressed in this Contract. The Contractor represents and warrants that it will diligently and completely perform all services and obligations consistent with customarily accepted good practices and standards of performance applicable to service providers rendering the same or similar type of service and that it will comply with all applicable federal, state and local laws, ordinances, rules and regulations including, but not limited to, the Occupational Safety and Health Administration (OSHA) and the Washington Industrial Safety and Health Act (WISHA). If the Contractor intends to rely on information or data supplied by the City, other City contractor’s or other generally reputable sources without independent verification, such intent shall be brought to the attention of the City 4.5 It is further provided that no liability shall attach to the City by reason of entering into this contract except as expressly provided herein. 4.6 Before any work at the site is started, Contractor shall deliver to City with copies to the Engineer and each additional insured identified, certificates of insurance which Contractor is required to purchase and maintain in accordance with the Contract Documents. 2021 Snow Plowing– Contract No. 116.2021.03 Page 13/24 Project: 2021 Snow Plowing Contract No. 116.2021.03 Page 4 of 5 4.7 Except for state sales tax, the Contractor acknowledges that it is responsible for the payment of all taxes applicable to this Contract and the Contractor agrees to comply with all applicable laws regarding the reporting of income, maintenance of records and all other requirements and obligations imposed pursuant to applicable law. The Contractor, at its expense, shall obtain and keep in force any and all necessary licenses and permits. The Contractor shall obtain a business license as required by Moses Lake Municipal Code Chapter 5.04. If the City is assessed, made liable, or responsible in any manner for taxes contrary to the provisions of this Contract, the Contractor agrees to hold the City harmless from such costs, including attorney's fees. In the event the Contractor fails to pay any taxes, assessments, penalties, or fees imposed by any governmental body, including a court of law, other than those taxes the City is required to pay, then the Contractor authorizes the City to deduct and withhold or pay over to the appropriate governmental body those unpaid amounts upon demand by the governmental body. It is agreed that this provision shall apply to taxes and fees imposed by City ordinance. Any such payments shall be deducted from the Contractor’s total compensation. 4.8 If this Contract involves services for which state and/or local laws may require the Contractor to pay prevailing wages, and Contractor hereby agrees to pay such applicable prevailing wages. If applicable to this Contract, a Schedule of Prevailing Wage Rates for the locality or localities where this Contract will be performed is attached and made of part of this Contract by this reference. If prevailing wages do apply to this Contract, the Contractor and its subcontractors shall (a) be bound by the provisions of Chapter 39.12 RCW, as amended, relating to prevailing wages and usual fringe benefits, (b) ensure that no worker, laborer or mechanic employed in the performance of any part of this Contract shall be paid less than the prevailing rate of wage specified on that Schedule, and (c) immediately upon award of the Contract, contact the Department of Labor and Industries, Prevailing Wages section, Olympia, Washington, to obtain full information, forms and procedures relating to these matters. Per such procedures, a Statement of Intent to Pay Prevailing Wages must be submitted by the Contractor and its subcontractors to the City, in the manner requested by the City, prior to any payment by the City hereunder, and an Affidavit of Wages Paid must be received or verified by the City prior to final Contract payment. 4.9 The Contractor shall, at such times and in such form as the City may reasonably require, furnish the City with periodic status reports pertaining to the services undertaken pursuant to this Contract. Upon City’s request, the Contractor shall make available to City all accounts, records and documents related to the scope of work for City’s inspection, auditing, or evaluation during normal business hours as reasonably needed by City to assess performance, compliance and/or quality assurance under this Contract. 2021 Snow Plowing– Contract No. 116.2021.03 Page 14/24 Project: 2021 Snow Plowing Contract No. 116.2021.03 Page 5 of 5 4.10 The Contractor is considered an independent contractor who shall at all times perform his/her duties and responsibilities and carry out all services as an independent contractor and shall never represent or construe his/her status to be that of an agent or employee of the City, nor shall the Contractor be eligible for any employee benefits. No payroll or employment taxes or contributions of any kind shall be withheld or paid by the City with respect to payments to Contractor. The Contractor shall be solely responsible for all said payroll or employment taxes and/or contributions including, but not limited to, FICA, FUTA, federal income tax, state personal income tax, state disability insurance tax and state unemployment insurance tax. If the City is assessed, made liable or responsible in any manner for such taxes or contributions, the Contractor agrees to indemnify and hold the City harmless from all costs incurred, including attorney fees. Unless otherwise specified in writing, Contractor shall provide at its sole expense all materials, working space, and other necessities and instruments to perform its duties under this Contract. 4.11 In the event of a dispute pertaining to this Contract, the parties agree to attempt to negotiate in good faith an acceptable resolution. If a resolution cannot be negotiated, then the parties agree to submit the dispute to voluntary non-binding mediation before pursuing other remedies. This provision does not limit the City’s right to terminate authorized by this Contract. 4.12 The Contract is made with reference to and shall be construed in accordance with the laws of the State of Washington. If a dispute arises under this Contract, resort shall be to litigation and jurisdiction and venue shall be in the Superior Court of Grant County, State of Washington. 5. Execution: Executed the day and year written above. CITY OF MOSES LAKE, WASHINGTON __________________________________________ Municipality Contractor ___________________________________ ___________________________________________ Allison Williams, City Manager Signature and Title ___________________________________ ___________________________________________ Date Typed Name and Title APPROVED AS TO FORM: _____________________________________ Katherine Kenison, City Attorney 2021 Snow Plowing– Contract No. 116.2021.03 Page 15/24 CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUES The quoter hereby certifies that, within the three-year period immediately preceding the quote solicitation date September 22, 2021, the quoter is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Quoter’s Business Name Signature of Authorized Official* Printed Name Title Date City State Check One: Sole Proprietorship ☐ Partnership ☐ Joint Venture ☐ Corporation ☐ State of Incorporation, or if not a corporation, State where business entity was formed: If a co-partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. 2021 Snow Plowing– Contract No. 116.2021.03 Page 16/24 GENERAL REQUIREMENTS ____________________________________________________ All Work shall be in accordance with the 2020 Community Street and Utility Standards, which standards adopt and revise the 2020 Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction. The General Provisions and Special Provisions within this request for quotes are amendments to the 2020 Community Street and Utility Standards. 1.0 DELIVERY OF QUOTE The Contractor’s Quote shall be submitted to the City either by mail or hand delivery to the address listed below no later than September 22, 2021; 2:00 p.m. Mailed or hand delivered quotes shall be plainly marked with 2021 Snow Plowing. Mail to: Drop off: City of Moses Lake City of Moses Lake Public Works Public Works Administration Office PO Box 1579 11789 Road 4 NE Moses Lake, WA 98837 Moses Lake, Washington 2.0 INTERPRETATION No oral interpretations will be made to any quoter as to the meaning of the terms described herein. Interpretations, if made, will be written the form of an addendum and sent to all registered quoters. 3.0 REJECTION OF QUOTE The City reserves the right to reject any or all quotes if such action is in the best interest of the City. 4.0 BASIS FOR AWARD Award will be based on all information contained in the quote as well as the unit price and materials being offered. In order to be considered responsive, the quote shall be completed in all respects. The City will evaluate all quotes and will determine the Contractor that will be in the best interest of the City. 5.0 SIGNATURE AND ELIGIBILITY The prices for work and names and addresses of the Quoter(s) shall be clearly and legibly written. Signatures shall be signed in the spaces provided and in compliance with all legal requirements. 6.0 CODES AND STANDARDS The Contractor shall comply with all applicable local and state codes and standards. Where conflicts exist from one code to another, the more stringent shall apply. 2021 Snow Plowing– Contract No. 116.2021.03 Page 17/24 7.0 LICENSE AND PERMITS The Contractor and all Subcontractors shall have a current City of Moses Lake Business License. 8.0 CONDITIONS OF AWARD A. Proposal: The Contractor shall satisfy the following requirements before a quote will be Awarded to them. The information shall be provided on the Proposal form. 1. The Contractor is a licensed, bonded, and registered Contractor in Washington State. 2. The Contractor’s current UBI number. 3. The Contractor’s current Industrial Insurance. 4. The Contractor’s current Employment Security Department number. 5. The Contractor’s State Excise Tax number. B. Prior to Award: The City of Moses Lake will verify the Contractor has the following: 1. Current City of Moses Lake business license. 2. Registered with the Office of the Secretary of State. 3. Registered with and has an open account with the Department of Revenue. C. Within 10 working days after the notification of award, the following forms shall be provided to the City. 1. Signed Contract. The Contractor shall provide proof of signing authority for the governing persons of the company registered with the Office of the Secretary of State, with the exception of companies with one governing person. Acceptable forms of signing authority include: corporate resolution, corporation bylaws, or operating agreement that indicates signing authority. The contract will not be executed by the City until proof of signing authority is accepted by the City. 2. Proof of Insurance, including a copy of all required endorsements. All certificates and endorsements for this contract shall include the contract name and number; and reference The City of Moses Lake Public Works Division. 9.0 NOTICE TO PROCEED After Notice to Proceed is given, the Contractor shall order all materials and equipment required to complete this contract. The City and Contractor shall then set a schedule for the work. Work shall be completed within 15 working days after start date. 10.0 HOURS OF WORK Except in the case of emergency, or as approved by the City Council, the project working hours shall be between 7:30 a.m. and 6:00 p.m. of a working day. The Contractor shall provide a schedule of the hours to be worked, and shall notify the Public Works Division Director of all changes to the schedule as work progresses. Working days are Monday through Friday, and do not include the following holidays: 2021 Snow Plowing– Contract No. 116.2021.03 Page 18/24 January 1 The third Monday of January The third Monday of February Memorial Day July 4th Labor Day November 11 Thanksgiving Day The day after Thanksgiving Christmas Day When any of these holidays fall on a Sunday, the following Monday shall be counted a nonworking day. When the holiday falls on a Saturday, the preceding Friday shall be counted a nonworking day. The days between December 25 and January 1 will be classified as nonworking days. 11.0 REPAIR OF DAMAGE The Contractor is responsible for all damages to adjacent improvements that are caused by the Contractor’s actions. The Contractor shall repair or replace all damaged improvements at no cost to the City. 12.0 PAYMENT The City will make payment to the Contractor on a monthly basis after the Contractor has provided an invoice for the completed services. 2021 Snow Plowing– Contract No. 116.2021.03 Page 19/24 INSURANCE REQUIREMENTS _______________________________________________________________________________________ EXHIBIT A Indemnification / Hold Harmless The Contractor shall defend, indemnify and hold the Owner and its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Owner. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Owner, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. A. Insurance Term The Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor’s work through the term of the contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated herein. B. No Limitation Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Owner’s recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance Contractors required insurance shall be of the types and coverage as stated below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Owner shall be named as additional insureds under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the Owner using ISO Additional Insured endorsement CG 20 10 10 01 and 2021 Snow Plowing– Contract No. 116.2021.03 Page 20/24 Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as the Contractor’s Commercial General Liability and Automobile Liability insurance. The Owner shall be named as additional insureds on the Contractor’s Excess or Umbrella Liability insurance policy. The Excess or Umbrella insurance coverage will drop down when underlying policy aggregate limits are exhausted. D. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. 3. Excess or Umbrella Liability insurance shall be written with limits of not less than $2,000,000 or other per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through the Contractor’s Commercial General Liability and Automobile Liability insurance, or any combination thereof that achieves the overall required limits. E. Owner Full Availability of Contractor Limits If the Contractor maintains higher insurance limits than the minimums shown above, the Owner shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Owner evidences limits of liability lower than those maintained by the Contractor. F. Owner Other Insurance Provision The Contractor’s Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Owner. Any Insurance, self-insurance, or self-insured pool coverage maintained by the Owner shall be excess of the Contractor’s insurance and shall not contribute with it. G. Contractor’s Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers, contractors or subcontractors as well as to any temporary structures, scaffolding and protective fences. 2021 Snow Plowing– Contract No. 116.2021.03 Page 21/24 H. Waiver of Subrogation The Contractor and the Owner waive all rights against each other, any of their Subcontractors, Sub- subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. I. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII and licensed to do business in the state of Washington. J. Verification of Coverage Contractor shall furnish the Owner with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the Owner a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Upon request by the Owner, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this contract and evidence of all subcontractors’ coverage. K. Subcontractors The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Owner is an additional insured on each and every Subcontractor’s Commercial General liability insurance policy using an endorsement at least as broad as ISO Additional Insured endorsement CG 20 38 04 13. L. Failure Notice of Cancellation The Contractor shall provide the Owner and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice. M. Failure to Maintain Insurance Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Owner may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Owner on demand, or at the sole discretion of the Owner, offset against funds due the Contractor from the Owner. 2021 Snow Plowing– Contract No. 116.2021.03 Page 22/24 The Contractor shall indicate any existing claims activity that would affect the aggregate limits. This shall include paid claims, reserve claims, and potential claims. N. Deductible Any insurance deductible shall be paid by the Contractor and shall not be greater than 10% of the total "Amount of Quote." O. Property Insurance Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Contractor, subcontractors or others in the Work. 2021 Snow Plowing– Contract No. 116.2021.03 Page 23/24 SPECIAL PROVISIONS ______________________________________________________________________________________ 1.0 DESCRIPTION The Contractor shall plow snow as directed by the City Manager, Municipal Services Director, Public Works Division Director, City Engineer, or Street Maintenance Manager until December 31, 2022. Snow plow events are considered emergencies; therefore, when directed to plow snow by the City, provisions of section 10, hours of work, in General Special Provisions are waived. The Contractor shall provide all labor, equipment, and materials required to satisfy the snow plowing requirements in accordance with the Contract and as directed by the City. 2.0 EQUIPMENT A.All equipment shall be in good condition and readily available for use when a snow event occurs. B.The Contractor shall identify the equipment to be used for snow plowing operations on Attachment“A” of this quote proposal. C.The Contractor shall have at least 3 motor graders ready and available for performing the work. Motor graders shall be at least 140 size or larger, shall include chains, an operator, and fuel. D.The Contractor shall have on hand a mechanic’s service truck, wheel loader, and dump truckavailable for service as directed by the City. Motor graders shall be available and operatingsimultaneously to comply with the requirements of these specifications. 3.0 SNOW PLOWING REQUIREMENTS A.The Contractor shall plow snow off the streets and berm the snow in the gutter or edge of pavement. B.The Contractor shall not place snow on sidewalk. C.The Contractor shall not place berms in intersections. D.The Contractor should attempt to keep mail box access open for mail delivery. E.If the street has housing or commercial buildings on only one side, the Contractor shall berm all snowto the opposite side. F.The Contractor shall be capable of moving snow out of the cul-de-sacs and dead-end streets. G.The City will provide snow plow route maps to the Contractor. 2021 Snow Plowing– Contract No. 116.2021.03 Page 24/24 H. The Contractor is not authorized to plow snow beyond the City’s right-of-way without written consent of the property owner. No work on private property will be paid by this Contract. 4.0 MEASUREMENT “Motor Graders”, “Wheel Loaders”, and “Dump Trucks” will be measured per hour. For this Contract each motor grader, wheel loader, and dump truck will be measured as a motor grader. Mechanic service trucks will be measured as one half of a motor grader, per hour. Where multiple motor graders, wheel loaders, mechanic service trucks, or dump trucks are placed in service as directed by the City, measurement will be for each motor grader, wheel loader, mechanic service truck, or dump truck in service. Measurement per hour will be rounded up to the nearest half hour. No specific measurement will apply to the lump sum item “Mobilization”. 5.0 PAYMENT The following items will be paid in accordance with the terms of the Contract: “Motor Grader” per hour. The unit Contract price per hour for “Motor Grader”, shall be full payment for all labor, equipment, and materials for each hour that a motor grader, wheel loader, or dump truck is in service as directed by the City of Moses Lake, and for each two hours for a mechanic service truck. Payment for these items shall include costs for all taxes, bonding, fees, and permits. No payment will be made for a piece of equipment that is idle during repairs after one hour of down time. “Mobilization (insurance)” per lump sum. The unit Contract price for “Mobilization” shall be full payment for all insurance required for the Contract. Payment for “Mobilization” shall be made after the Contract is executed by both parties and an invoice is received from the Contractor. The payment for “Mobilization” is set at Five Hundred Dollars. Additional costs of mobilization that exceed five hundred dollars shall be included in the unit Contract price for “Motor Grader”. Document Path: \\gis-server\gis\Map Requests\STREET\Snow Plow\Snow Plow Routes_All Streets.mxd CITY OF MOSES LAKE | SNOW PLOW ROUTES SR-17 ROAD IHANSENRDSTRATFORDRD ROAD MDIVISIONSTPI ONEER WAYGRAPE DRINTERSTATE 90 ROAD 4 BROADWAY AVETHIRD AVEROAD 3 PATTON BLVDKITTELSON RD NELSON RD CLOVER D R YONEZAWA BLVD CENTRALD RROAD FVALLEY RD MAE VALLEY RD RANDOLPH RDWHEELER RDROAD LROAD KROAD NROAD 5 ROAD 1 North Frontage RdSTRATFORD RDHANSEN RDPIONEERWAY YONEZAWABLVDTHIRD AVENELSON RD DIVISION STCENTRALDRTYNDALLRD ROAD ICLOVERDRROAD7 BROADWAY AVEVALLE Y RD RANDOLPH RDROAD10 WHEELER RD ROAD NROAD MROAD 2ROAD KROAD 5 ROAD FSR-17 ROAD 4 ROAD 1 INTERSTATE 90 LEGEND Snow Plow Routes - All Streets City of Moses Lake Contractor Contractor or City Grant County Private WSDOT ´0 3,000 6,000 9,000 12,0001,500 Feet 9/8/2021 Contact:Brian Baltzell 764-3935Scott Myers 764-3936 9/8/2021 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Melissa Bethel, Community Development Director Date: September 10, 2021 Proceeding Type: New Business Subject: Code Enforcement Abatement Resolution 3865 Legislative History: • First Presentation: 09/14/21 • Second Presentation: • Action: Motion Overview & History Attached is a resolution providing for the abatement of nuisances at 918 S Ironwood Dr, owned by Marlene L Johnson. The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property contains a public nuisance which has not been corrected. If the Council concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance. The enforcement process for the public nuisance at 918 S Ironwood Dr began on July 13, 2021, with a Notice to Correct being issued to Marlene L Johnson for violation of Moses Lake Municipal Code (MLMC) 8.14.030.U – Maintenance of Weeds and Grasses over 12”. A follow up inspection was made on July 27, 2021. The nuisance was still present on the property. A Notice of Violation and Order to Correct or Cease Activity was sent via regular and certified mail on July 27, 2021 to Marlene L Johnson for violation of MLMC 8.14.030.U – Maintenance of Weeds and Grasses over 12”. The notice allowed for fourteen (14) days to correct or appeal the violation. No appeal was received. Another follow up inspection was made on August 27, 2021. The nuisance was still present on the property and there was no evidence of any effort to comply with the violation. A Notice of Hearing (tonight’s hearing) was mailed regular and certified mail to Marlene L Johnson. Fiscal and Policy Implications N/A Page 2 of 2 Council Packet Attachments A. Resolution No. 3865 B. Notice to Correct, Notice of Violation and Order to Correct or Cease Activity, Notice of Hearing, and all supporting photographs. Finance Committee Review N/A Legal Review Type of Document Title of Document Date Reviewed Resolution Nuisance Abatement September 10, 2021 Options Option Results • Adopt as presented Staff will implement compliance with MLMC 8.14, Nuisances • Provide staff with changes • Take no action Non-Compliance with MLMC 8.14, Nuisances Action Requested Staff recommends that City Council consider the abating the existing nuisance at 918 S Ironwood Dr and pass the Resolution as presented. CITY OF MOSES LAKE RESOLUTION 3865 A RESOLUTION DETERMINING THAT MARLENE L JOHNSON IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 918 S Ironwood Dr, Lot 5 Block 2 Lakeview Terrace #1 Deferral 13-0019, Parcel #100745000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030.U – Maintenance of Weeds and Grass. The records of Grant County show the owner of the subject property to be Marlene L Johnson (Deceased), 918 S Ironwood Dr. (mailing 1334 Landon St, Moses Lake, WA. 98837) 2. Notice. On July 27, 2021, the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On August 27, 2021, the Code Enforcement Officer caused to be delivered to Marlene L Johnson a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of September 14, 2021. Such notice was in writing, in the English language and was delivered by certified mail and regular mail to the record owners of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030 – Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. 3.4 MLMC 8.14.030.U - Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived, and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. Compliance shall be required as follows: 1. Property with no sidewalks/activity trail or residential dwelling on the property shall be exempt. 2. Property with sidewalks/activity trail but no residential dwelling shall be required to control vegetation ten feet (10') from the back of the sidewalks/activity trail. 3. Property with sidewalks/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property. 4. Hearing. On September 14, 2021, the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evidence relevant to the issue. 5. Evidence: 5.1. The following persons testified under oath: Rick Rodriguez, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: EXHIBIT #1: Pictures taken by Code Enforcement Officer of the property located at 918 S Ironwood Dr, Moses Lake, WA. 98837. EXHIBIT #2: Notice to Correct dated July 13, 2021, from the Code Enforcement Officer addressed to Marlen L Johnson, 918 S Ironwood Dr, Moses Lake, WA. 98837. EXHIBIT #3: Notice of Violation and Order to Correct or Cease Activity dated July 27th, 2021, from the Code Enforcement Officer addressed to Marlene L Johnson, 918 S Ironwood Dr, Moses Lake, WA. 98837. EXHIBIT #4: Letter dated August 27, 2021, from the Code Enforcement Officer to Marlene L Johnson advising the property owner of the hearing regarding abatement of property, scheduled for September 14, 2021. 6. Resolved: 6.1 A public nuisance in violation of MLMC 8.14.030.M.5 & 8.14.030.U exists on the subject property at 918 S Ironwood Dr, Moses Lake, WA. 98837. Marlene L Johnson, 918 S Ironwood Dr, is the record contract owner of the subject property per the records of Grant County. 6.2 The public nuisance located upon the subject property consists of: MLMC 8.14.030.U – Maintenance of Weeds and Grasses. 6.3 The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 6.4 Marlene L Johnson, the record contract owner, has fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 6.4.1 Cut/trim the grass/weeds to measure less than twelve (12) inches in height. 6.5 City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the cleanup required on the subject property. If the improvements, as listed above, are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6.6 A copy of this resolution shall be provided to the record contract owner by certified and regular mail after its approval by the City Council. Adopted by the City Council on September 14, 2021. ___________________________________ David Curnel, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Jessica Cole, Utility Services Manager Date: September 9, 2021 Proceeding Type: New Business Subject: Prorated Utility Billing Ordinances 2983 and 2984 Legislative History: •First Presentation: September 14, 2021 •Second Presentation: •Action: Motion x 2 Overview The City has been in the process of upgrading the software that operates our financial systems. We have had a staggered implementation, with payroll going live at the first of 2021, and financials following in mid-April. We are now almost ready to “go live” with our new utility billing system. We have had some billing practices in regard to beginning and ending service that were necessary because of the old software but are not industry standard. We are currently charging either full month or half month base rates even if customers move in or out of a property in mid-month. We are proposing to move all utilities to a per day rate. The attached ordinance makes the necessary code changes. Because of a switchover in utility billing software systems, the Moses Lake Municipal Code needs modification to accommodate new billing rules. Fiscal and Policy Implications This could result in slightly lower utility fees because we often charged a full month to the customer leaving a property, and a full month to the customer moving into a property mid-month. However, it is the most equitable way to apply these charges, and most utilities we surveyed are using daily pro-ration. One of the most common “complaint” calls that come into the utility billing office is lack of pro-ration, so this could help ultimately ease call volume and avoid irritating our customers. We are trying to time the effective date of the ordinance to match our potential “go-live” date on the new utility billing software system, because our current system is not able to do the daily pro- ration. Our target date is currently October 1, so we are making that the effective date of the ordinance. Page 2 of 2 Council Packet Attachments A. Draft Ordinances 2983 and 2984 Finance Committee Review June 7, 2021 Legal Review August 20, 2021 Options Option Results •Adopt as presented Action would allow Utility Billing to implement daily pro-ration of all utility bills when the new system is implemented, October 1, 2021. •Take no action We would continue the current practice of billing either a full or half month for partial month activity. Action Requested Staff recommends Council adopt each Ordinance as presented. ORDINANCE 2983 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE SECTION 2.30.140 TITLED "UTILITY FEE EXEMPTIONS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 2.30.140 of the MLMC titled "Utility Fee Exemptions" is amended as follows: 2.30.140 Utility Fee Exemptions: Any change in occupancy or use of a parcel, or any other change in circumstance that eliminates application of an exemption from the utility fee, shall immediately make the affected property subject to the applicable utility fee. The utility fee shall become due and payable as of the date of the change in use or circumstance and it will continue until the parcel again meets the exemption requirements. A.Monthly rates shall not be prorated by day. B.Any customer seeking an exemption from payment of the utility fee must file a written petition with the Finance Director. C.The combined rates charged shall reflect an exemption for persons who are Medicaid eligible and who reside in a nursing facility, boarding home, adult family home, or receive in-home services. D.The combined rates charged may reflect an exemption or reduction for designated classes consistent with Article VIII, Section 7 of the State Constitution, and the amounts of any such exemption or reduction shall be a general expense to the Ambulance Service Utility. These expenses will be designated as an availability cost, to be spread uniformly across the user classifications. Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 3. This ordinance shall take effect and be in force October 1, 2021. Adopted by the City Council and signed by its Mayor on September 14, 2021. _______________________________ David Curnel, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Riggs Liebrecht Myers Jackson Curnel Eck Hankins Vote: Date Published: September 20, 2021 Date Effective: October 1, 2021 ORDINANCE 2984 AN ORDINANCE AMENDING SECTIONS OF MOSES LAKE MUNICIPAL CODE CHAPTER 13.12 TITLED "WATER, SEWER, AND STORMWATER RATES" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following sections of Chapter 13.12 of the MLMC titled "Water, Sewer, and Stormwater Rates" are amended as follows: 13.12.080 Temporarily Vacant or Unoccupied Premises Billing for Fractional Month Service: A.The minimum water, sewer, garbage, ambulance, and/or stormwater service shall continue until an order in writing to discontinue service has been given. The water shall not be turned on or off until a request in writing is given, on forms furnished by the City, for the turning on or off of the service. B.When utility services are resumed or commenced during the last fifteen (15) days of the between monthly billing cycles, monthly base rates for water, sewer, garbage, stormwater and ambulance shall be prorated based on the number of days service is provided charged for only half of a month. Water shall be charged based on consumption. Where metered water or sewer consumption exceeds the allowance provided by the base rate, additional consumption will be and billed in accordance with the adopted fee schedule at the rates provided for by ordinance. 13.12.060 Payment of Accounts: A.Water, sewer, garbage, and stormwater bills shall be the responsibility of and billed directly to the property owner, unless the property owner wishes the bill sent to another address, the same shall be due and payable within thirty (30) days of the billing date. If the property owner wishes the bill sent to another address, the property owner first must execute a form provided by the City of Moses Lake indicating the property owner’s desires. The form shall include the property owner’s name and address, the address to which the bill shall be sent, and a statement that if the person at the address to which the bill is sent moves and leaves an unpaid balance, the property owner assumes responsibility for the bill. The billing dates for utility accounts shall be as follows: Routes 1 through 15 on the 20th of each month Routes 16 through 24 29 on the 30th of each month Routes 50 through 60, 70, and 71 75 on the 10th of each month B.The property owners of commercial accounts and governmental agencies may sign agreements requesting that their monthly statements be mailed to service addresses. The statement will contain the same information referred to in subsection A. C. The City reserves the right to cut off the water supply from the premises. The water supply may be cut off if either the water charge, sewer charge, garbage charge, ambulance charge, or the stormwater charge is delinquent, and should the water supply be turned off for failure to pay either the sewer charge, water charge, garbage charge, ambulance charge, or stormwater charge when due, the water supply shall not be turned on until all delinquent charges have been paid in full. A service charge shall be assessed as set forth in Subsection B of 13.12.085 and shall be added to the amount past due and will be billed on the next month’s statement. D. The City shall have a lien against the premises for unpaid water, sewer, garbage, ambulance, and stormwater charges as provided by the laws of the state. E. Advance payments may be made on any water, sewer, garbage, ambulance, or stormwater account. F. Water service will not be terminated if there is a past due water, sewer, garbage, ambulance, or stormwater charge of twenty dollars ($20) or less, subject to subsection G. G. No water, sewer, garbage, ambulance, or stormwater bills shall be allowed to be more than sixty (60) days past due regardless of the past due amount. If a water, sewer, garbage, ambulance, or stormwater account is to become sixty (60) days past due, water service shall be terminated as provided herein before the sixtieth (60th) day ends. H. No water, sewer, garbage, ambulance, or stormwater account will be transferred to another person, partnership, corporation, or other entity unless the account is brought current prior to the requested transfer. I. Property served by more than one (1) meter must keep all accounts current in accordance with this chapter in order to avoid water service being terminated to all meters serving the property. Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 3 . This ordinance shall take effect and be in force October 1, 2021. Adopted by the City Council and signed by its Mayor on September 14, 2021. _______________________________ David Curnel, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________ Katherine L. Kenison, City Attorney Riggs Liebrecht Myers Jackson Curnel Eck Hankins Vote: Date Published: September 20, 2021 Date Effective: October 1, 2021 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, Municipal Services Director Date: September 9, 2021 Proceeding Type: New Business Subject: Pedestrian Areas Speed Limit Change Ordinance 2985 Legislative History: • First Presentation: September 14, 2021 • Second Presentation: • Action: Motion Overview Staff requests to establish 20 mph zones that are outside school zones established by RCW 46.61.440. The 20 mph signs shall include “when pedestrians are present” below the speed limit sign. Several street locations in the City of Moses Lake have a high rate of pedestrians crossing, including students who cross at crosswalks on their routes to school. The locations that are beyond 300-feet from a school do not fall under RCW 46.61.440; and therefore, the 20 mph zones are required to be established “by statute; or, by an ordinance or regulation” in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). On Friday, September 7, staff set up 20 mph signs for the new school route crossing on Nelson Road nearby the new Groff Elementary School. When reviewing the current code for this 20 mph zone, staff realized that the City of Moses Lake has adopted several 20 mph zones that are beyond the 300 feet from school zones allowed by RCW 46.61.440. Therefore, staff has included existing 20 mph zones in the City of Moses Lake that are outside the 300-foot area allowed by RCW 46.61.440. Fiscal and Policy Implications Street Division will maintain speed limit signs at locations approved for 20 mph speed limits. Council Packet Attachments A. Ordinance B. Nelson Road – Emergency School Zone Signage Installation Report Page 2 of 2 Finance Committee Review N-A Legal Review N/A Options Option Results • Adopt the ordinance to allow 20 mph zones The Street Division will continue to maintain the speed limit signs at their existing locations. • Take no action. The Street Division will remove the existing 20 mph signs that are beyond the 300-feet limit established by RCW 46.61.440, and the speed limits will revert to the existing ordinance for speed limits. Action Requested Staff recommends City Council adopt the ordinance for the 20 mph zones as presented. ORDINANCE NO. 2985 AN ORDINANCE AMENDING SECTION 10.10.005 OF THE MOSES LAKE MUNICIPAL CODE TITLED “SPEED LIMITS” Whereas, several City streets have school crossing routes outside the school zones established by RCW 46.61.440 and MUTCD requires speed zones to be regulated “by statute; or, by an ordinance or regulation”: THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 10.10.005 of the Moses Lake Municipal Code titled “Speed Limits” is amended as follows: 10.10.005 Speed Limits: The following streets shall have a twenty (20) mile per hour speed limit: Street Limits Limits Third Avenue Elm Street to Pioneer Way The following streets shall have a twenty (20) mile per hour speed limit when pedestrians are present: Street Limits Valley Road 100’ East of Paxson Drive to 100’ West of Paxson Drive Nelson Road Lakeland Drive to Cougar Drive Nelson Road Ashcroft Street to Jefferson Street Division Street 100’ South of Nelson Road to 100’ East of Nelson Road Moses Lake Avenue Nelson Road, South to 300’ South of Groff Elementary School Lakeshore Drive Glenmoor Drive to Hermit Road Section 2. 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 September 14, 2021. _____________________________________ David Curnel, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Riggs Liebrecht Myers Jackson Curnel Eck Hankins Vote: Date Published: September 20, 2021 Date Effective: September 25, 2021               To:    Allison Williams, City Manager        From:    Dave Bren, Municipal Services Director   Council Meeting Date:  September 7, 2021   Proceeding Type: Administrative Report  Subject: Nelson Road  Emergency School Zone Signage Installation  SUMMARY NARRATIVE: On Thursday September 2nd the City Engineering, City Police, and a School District Representatives met regarding an emergency determination of a School Zone on Nelson Road. The Nelson Road area is expected to be a major route to school for the new Groff Elementary School beginning the next week. It was decided to administratively move forward with installing signage, public announcements, patrols, and follow up with a request for Council Action. The zone will be enforceable upon passage of a proposed City ordinance. On Friday September 3rd the Public Works sign crew prepared new signage and installed the signage on the very same day on Nelson Road. Please accept the following report in recognition of their quick efforts to make Nelson Road a safer route to school for Groff Elementary School as follows: NELSON & COUGAR WEST BOUND: A 20MPH school zone sign was installed for West bound traffic at the intersection of Nelson Road and Cougar Drive. The zone will be enforceable upon passage of a proposed City ordinance. NELSON & LAKELAND EAST BOUND: A 20MPH school zone sign was installed for East bound traffic at the intersection of Nelson Road and Lakeland Drive. The zone will be enforceable upon passage of a proposed City ordinance. NELSON & MOSES LAKE AVE WEST BOUND: A basic crosswalk sign was installed for West bound traffic at the intersection of Nelson Road and Moses Lake Avenue. Flashing lights have been ordered and will be installed on the pole in the next month. NELSON & MOSES LAKE AVE EAST BOUND: A basic crosswalk sign was installed for East bound traffic at the intersection of Nelson Road and Moses Lake Avenue. Flashing lights have been ordered and will be installed on the pole in the next month A total of (4) signs were prepared in the sign shop and installed on Nelson Road in the same day. Good work Sign Crew! Public Works thanks everyone for their patience and understanding for the new signage and new school zone. Safe routes to school are an essential part of our community. (2) NEW SCHOOL ZONE SIGNS (2) NEW CROSSWALK SIGNS Page 1 of 2 STAFF REPORT To: Mayor Curnel, City Council From: Allison Williams, City Manager Date: September 9, 2021 Proceeding Type: New Business Subject: Blackdot/New Cingular/AT & T Revised Lease Legislative History: • First Presentation: September 14, 2021 • Second Presentation: • Action: Motion Overview The City has a number of leases with telecommunications companies for wireless antennas on our City water reservoirs and many are being upgraded to 5G facilities. In 2020, Fred Snoderly was asked by several of these companies to do a review of the lease rates as there are federally required equity measures that need to be employed with lease rates due to federally mandated deployment of the 5G technology. Mr. Snoderly conducted this review in 2020 and prepared and negotiated new leases, of which, this is the final remaining. The last contact for this lease was in December 2020 and since that contact, the lease has been in legal review with Blackdot, agent for New Cingular/AT & T. This lease is for facilities on the 900 Juniper reservoir. Mr. Snoderly utilized FCS Group to pull lease rates from other jurisdictions in order to evaluate and prepare an updated cost per antenna/ lease rates. Fiscal and Policy Implications This is a replacement lease, and although a lower initial lease rate, the 10% annual escalation will bring it in line with current collections within two years. Council Packet Attachments A. Lease Finance Committee Review 2/14/21 Page 2 of 2 Legal Review Type of Document Title of Document Date Reviewed Lease Model lease provided to Municipal Services July 2020 Options Option Results • Authorize as presented The new replacement lease will take effect • Provide staff with changes Staff will return to negotiations • Take no action The existing, out of date lease, will be in effect Action Requested Staff recommends approval of the replacement lease.     FACILITIES LEASE FOR TELECOMMUNICATIONS FACILITIES THIS LEASE (the “Lease or Agreement”) is entered into by and between the City of Moses Lake ("City"), Washington, and New Cingular Wireless PCS, LLC, a Delaware limited liability company having a mailing address at 1025 Lenox Park Boulevard NE, 3rd Floor, Atlanta, GA 30319, ("Lessee"), and is effective as of September 30, 2020 (the “Effective Date”). RECITALS WHEREAS, the City and Lessee entered into a Tower Permit Agreement dated October 10, 2003, a First Amendment dated February 9, 2012 and a Second Amendment dated February 24, 2015 (collectively “Original Lease”), whereby City leased to Lessee certain space at the 902 Juniper Drive Water Tank location (“Site”); and WHEREAS, the Lessee has requested the renegotiation of certain terms and rental amounts and the parties mutually desire to continue Lessee’s tenancy on the Site, and memorialize the continued tenancy pursuant to the terms and conditions contained herein, this Agreement shall replace the Original Lease; NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Lessee agree that the recitals set forth above are incorporated herein as if set forth in their entirety and further agree as follows: Section 1. Location of Facilities. Lessee has installed and maintains wireless telecommunications facilities on the 902 Juniper Drive Water Tank Site for the purpose of providing a wireless telecommunications system. The legal description of such Site is attached hereto as Exhibit “A” and incorporated herein by this reference. The specific portion of the Site leased to Lessee (the “Facility”) is described and depicted in Exhibit “A,” attached hereto and incorporated herein by this reference. Section 2. Extension of Term. The Term of the Agreement shall be extended to provide that the Agreement has a new extension term of five (5) years (“New Extension Term”) commencing on February 1, 2021.     Section 3. Authority Granted. Lessee is authorized to operate, maintain, upgrade, repair and replace the equipment shelter, antennas, radios and supporting improvements, and to operate, maintain and repair the tower (collectively “Communications Equipment”) as currently shown on Exhibit “C”, attached hereto and incorporated by this reference as fully as if set forth herein, and to modify and/or add to such Communications Equipment in accordance with this Section. No substantive additions to, or modifications of, any of the Communications Equipment shall be allowed without first having received prior authorization from the City, not to be unreasonably withheld, delayed or conditioned; provided, however, that Lessee shall be allowed to engage in routine maintenance and repair of its Communications Equipment, to replace the same with substantially similar equipment, and/or install additional Communications Equipment which is contained entirely within the shelter located on the Facility, without the approval of the City. If, at any time, Lessee wishes to expand the Communications Equipment in a manner which requires the City’s consent herein (e.g., by adding additional antennas or antenna arrays beyond that which is currently located on the tower as of the Effective Date) or if Lessee desires to expand the ground space comprising the Facility, Lessee must obtain written approval from the City in accordance with this Section, and Lessee acknowledges that the City may request additional rent in connection with such approval. Section 4. Rights Granted. The City’s public use rights of the Site as a public utility is paramount. Nothing contained within this Lease shall infringe upon the City's right to use the Site upon which Lessee's equipment and improvements are installed, provided however, that nothing herein shall be interpreted to authorize access to or use of the Facility or Lessee’s Communications Equipment by the City except as expressly provided for herein. Further, nothing contained herein shall convey any real property right, title, or interest in the Facility. This Lease merely authorizes Lessee to use and occupy the Facility for the limited purposes stated herein. Finally, this Lease shall not be deemed to constitute any warranty of title. Section 5. Installation and Removal of Property. All Communications Equipment installed by Lessee shall at all times remain the property of Lessee and may be removed by Lessee at any time; provided, however, Lessee shall remain responsible for any Rent (as defined below), taxes or     other sums due to the City until the Lease has been terminated or expires consistent with Section 13. below. Lessee shall remove the Communications Equipment within 120 days after the expiration or termination of the Lease, unless Lessee has received written notice from the City prior to such removal requesting that ownership of the Communications Equipment be transferred to the City as provided in Section 27. below. In the event such a written request is made by the City, but the parties are unable to come to a mutually acceptable agreement for such transfer, Lessee's removal obligation in this Section will not commence until Lessee has received written notice from the City that the City no longer desires to have ownership of the Communications Equipment transferred, and upon receipt of such written notice, Lessee shall have 120 days from the latter of Lessee's receipt of such notice or the date the Lease expires or is terminated within which to complete its removal obligations. During installation and removal of its Communications Equipment, Lessee shall comply with all reasonable noise suppression requirements of the City, recognizing that the installation may be adjacent to a residential area. Prior to the commencement of construction, Lessee will obtain any approval required in Section 3. above, and shall obtain appropriate permits from the City. Rent shall continue to accrue during any such time period in which Lessee’s Communications Equipment remains on the property and has not been transferred to the City as provided in Section 27. Section 6. Access. Lessee shall give at least three (3) days written notice via e-mail to the City prior to commencement of any maintenance or repair of its Communications Equipment located upon the Facility, except as specified in Section 7, to be e-mailed to citymanager@cityofml.com. Lessee acknowledges that the Site is a secure site and access shall be coordinated by calling the City’s Public Works Department business-hours telephone line during regular business hours and by calls to the City’s Public Works Department after-hours telephone line at all other times. The applicable telephone numbers for the City’s Public Works Department are listed on Exhibit D attached hereto and incorporated herein by this reference. Multiple failures of Lessee to comply with this provision may result in the City locking access to the Site or may be considered a Default pursuant to Section 21. Lessee shall designate a primary and a secondary contact person to serve as the points of contact for the City with regard to Communications     Equipment maintenance and access. The contact information for such contacts is listed on Exhibit D. Lessee may designate a new primary and/or secondary contact person by providing notice to the City pursuant to Section 34. Lessee shall communicate and provide notice to the City staff designated on Exhibit D for all maintenance and access requirements. The City shall, upon request of Lessee, provide a list of emergency telephone numbers known to the City of the other tenants at the Site. Section 7. Emergency Work. In the event of any emergency in which any of Lessee's Communications Equipment located on the Site is in such a condition as to immediately endanger the property, life, health, or safety of any individual, Lessee shall immediately take the proper emergency measures to cure or remedy the dangerous conditions of which Lessee is notified or becomes aware, for the protection of property, life, health, or safety of individuals, and may do so without first applying for and obtaining any permit or other authorization as required by this Lease. However, this shall not relieve Lessee from the requirement of notifying the City of the emergency work and obtaining any permits necessary for this purpose. Lessee shall notify the City by telephone by contacting the City’s Public Works Department at the number listed on Exhibit D within a reasonable time subsequent to learning of the emergency and shall apply for all required permits not later than the fourth succeeding day during which the Moses Lake is open for business. Section 8. Dangerous Conditions, Authority for City to Abate. A. Whenever Lessee’s construction, installation, or excavation of the Communications Equipment authorized by this Lease has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining public property, or endangers the public, street utilities, or the City-owned property, in the reasonable determination of the licensed engineer employed by the City to make such determinations, the City may direct Lessee, at Lessee's own expense, to take reasonable action to remedy such condition to protect the public, adjacent public places, City- owned property and utilities, to the extent such condition is caused or contributed to by Lessee. Such action may include compliance within a reasonable prescribed time.     B. In the event that Lessee fails or refuses to take the actions directed by the City within a reasonable prescribed time after reasonably satisfactory documentation has been provided to Lessee, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the Facility and take such actions as are reasonably necessary to protect the public, utilities, public property, to maintain the lateral support thereof, or actions regarded as necessary safety precautions; and Lessee shall be liable to the City for the reasonable costs actually incurred thereof to the extent such actions were required to remedy a condition caused or contributed to by Lessee. City shall at all times take all reasonable precautions to safeguard Lessee’s property in the event City enters upon the Facility. The provisions of this Section shall survive the expiration, revocation, or termination by other means of this Lease. Section 9. Consideration. A. The monthly rental fee under this Lease for the Initial Term (as defined herein) shall be Three Thousand Four-Hundred Fifty and 00/100 Dollars ($3,450.00) per month (the “Rent”), payable within thirty (30) days after the Effective Date. In the event of any overpayment of Rent prior to or after the Effective Date, Tenant shall have the right to deduct from any future Rent payments an amount equal to the overpayment amount. Commencing on February 1, 2026, and on each successive term anniversary thereof, Rent shall increase by ten percent (10%) per term over the then-current Rent. The adjustment shall become effective on February 1st of each year. Except as otherwise set forth above, Rent shall be paid each month on or before the last day of the month. B. Lessee acknowledges that late payment by Lessee of Rent or other sums due under this Lease shall cause City to incur costs not contemplated by this Lease, the exact amount of which would be extremely difficult and impractical to ascertain. Therefore, in the event Lessee shall fail to pay any installment of Rent or other sums due within five (5) days after such sum is due, Lessee shall pay to City a late charge equal five percent (5%) of the sum due. All delinquent sums payable by Lessee to City and not paid within five (5) days after their due date shall, at City's option, bear interest at the rate of twelve percent (12%) per annum, or the highest rate of interest allowable by law, whichever is less. Interest on all delinquent amounts shall be calculated from the expiration of the five (5) day cure     period set forth above to the date of payment. A Fifty Dollar ($50.00) charge will be paid by Lessee to the City for each check returned "NSF" or otherwise rejected by the City’s depositing institution for insufficient funds. C. City's acceptance of less than the full amount of any payment due from Lessee shall not be deemed an accord and satisfaction or compromise of such payment unless City specifically consents in writing to payment of such lesser sum as an accord and satisfaction or compromise of the amount. Any portion that remains to be paid by Lessee shall be subject to the late charges and interest provisions of Section 9. B. D. As additional consideration for the rights and privileges granted hereunder, Lessee agrees to pay, within thirty (30) days of the Effective Date of this Lease, a one-time grant fee of Two Thousand Dollars and No/100 ($2,000.00) to defray the City's legal and administrative costs and expenses associated with negotiating and approving this Lease, as consideration for entering into this Lease and as consideration for the right of first refusal (see Section 15.). E. The City hereby agrees to provide to Lessee (i) a completed, current version of Internal Revenue Service Form W-9, or equivalent; (ii) complete and fully executed state and local withholding forms if required; and (iii) other documentation to verify the City’s right to receive Rent as is reasonably requested by Lessee (“Rental Documentation”). Further, the City will execute a Memorandum of Lease as described in Section 38. Section 10. Licenses, Fees, and Taxes. A. Within a reasonable amount of time after the Effective Date of the Lease, Lessee shall obtain any applicable business license from the City pursuant to MLMC Chapter 5.04. Lessee shall maintain any applicable business license throughout the term of the Lease. In addition to the consideration set forth in Section 9. , Lessee shall pay before they become delinquent all taxes on all personal property and improvements owned or placed by Lessee on the Facility; shall pay all license fees and public utility charges related to the conduct of Lessee's business on the Facility; shall pay for all permits, licenses and zoning approvals relating to the conduct of business on the Facilities by Lessee; and shall pay any other tax, including utility taxes and business license fees imposed by the City, if applicable. B. In addition to the Rent, Lessee shall pay annually in advance to the City the then current, applicable leasehold excise tax, unless Lessee is     centrally assessed by the State of Washington and provides documentation of its central assessment, which evidence shall then be attached to this Agreement as Exhibit “E”. If Lessee is centrally assessed by the State of Washington and Lessee provides evidence of its central assessment to City, then for any and all periods that Lessee reports the property as operating property, as defined in RCW 84.12.200, Lessee will not be required to pay leasehold excise tax to City. Should the City collect from Lessee and pay to the Department of Revenue leasehold excise tax which is subsequently determined to be a duplicate payment or over-payment of tax by Lessee, Lessee shall not have any claim against the City, but shall look directly to the Department of Revenue for reimbursement. City shall reasonably cooperate, at no expense or liability to City, to the extent the Department of Revenue requires any information or action from City to resolve Lessee’s claim for reimbursement. Section 11. Intentionally Omitted. Section 12. Utilities. A. Lessee shall obtain its own utility services, either by agreement between Lessee and existing user or users, or by obtaining a separate meter for electricity or other utilities to be placed in Lessee's name. B. The City agrees to grant Lessee an access and utility easement (“Access and Utility Easement”) for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, specifically including trucks, and for the installation and maintenance of utility wires, cables, conduits and pipes under and upon the Site from the nearest public right-of-way to serve the Facility and Lessee's Communications Equipment. Provided however that this easement does not grant the right for Lessee or any third party to construct poles within the easement. The legal description and depiction of the portion of the Site affected by the Access and Utility Easement is attached hereto as “Exhibit B” and incorporated herein by this reference (the “Access and Utility Easement Area”). The Access and Utility Easement shall solely be used for access and utilities, Lessee is not permitted to construct any facilities or equipment (other than utilities) in the Access and Utility Easement Area. Section 13. Term and Termination.     A. The rights granted under this Lease shall have an initial adjusted term commencing on February 1, 2021 and expiring on January 31, 2026 (the “Initial Term”). This Lease shall automatically be extended for two (2), (5) years (the “Renewal Term”; the Initial Term and Renewal Term, collectively, the “Term”), unless Tenant notifies City in writing of Tenant’s intention not to renew the Agreement at least sixty (60) days prior to the expiration of the Initial Term or the then current Renewal Term. B. Lessee may terminate this Lease as follows: (i) upon six (6) months written notice to Lessor if Lessee reasonably determines that the use of the Facility is obsolete or unnecessary; or (ii) upon written notice to Lessor in the event of a Default (as defined in Section 21. below) by Lessor. C. Lessor may terminate this Lease in accordance with Section 21 below upon written notice to Lessee in the event of a Default by Lessee. Section 14. Colocation and Joint Users. A. Lessee may sublet its Communications Equipment, space within the Facility, and use of the Access and Utility Easement in Lessee’s sole discretion, without approval or consent from the City; provided, however that such subtenant (“Subtenant”) shall enter into a separate agreement with the City for the usage of any ground space, which such agreement shall be on commercially reasonable terms and shall not contain any requirement that rent or other fees (excluding permit fees), however characterized, be paid by such Subtenant unless the ground space being used by such Subtenant exceeds or is outside of the area comprising the Facility. B. Lessee shall pay City thirty percent (30%) of any rents, monies or other consideration actually received by Lessee under and pursuant to the terms and provisions of any new sublease, license or other collocation agreement for the use of any portion of the Facility or Communications Equipment entered into by and between Lessee and a Subtenant subsequent to the Effective Date (any such amounts payable to the City, the “Subtenant Fee”). Lessee shall provide notice to City of any Subtenant and the terms and conditions of this Agreement shall be binding on any Subtenant. The Subtenant Fee may be paid monthly or annually, provided it is consistent with how the Lessee collects rent, monies or other consideration from the applicable Subtenant. C. The initial payment of the Subtenant Fee shall be due within thirty (30) days of actual receipt by Lessee of the first payment of rent paid     by the Subtenant. In the event a sublease or license with a Subtenant expires or terminates, Lessee’s obligation to pay the Subtenant Fee for such sublease or license shall terminate upon the date of such expiration or termination or the removal of such Subtenant’s equipment, whichever is later. D. City hereby acknowledges and agrees that Lessee has the sole and absolute right to enter into, renew, extend, terminate, amend, restate, or otherwise modify (including, without limitation, reducing rent or allowing the early termination of) any future or existing subleases, licenses or collocation agreements for occupancy on the Communications Equipment, all on such terms as Lessee deems advisable, in Lessee’s sole and absolute discretion, and consistent with the requirements herein. Lessee shall require that any Subtenant that terminates its tenancy shall be required to remove its equipment consistent with the requirements in Section 5. , and that such Subtenant shall continue to be obligated to pay rent to Lessee during any time in which its equipment remains on the Site, regardless of whether any lease, license, or agreement has terminated or expired. The Lessee will act in good faith when negotiating the terms and provisions, including rental rate, of any new sublease, license or other collocation agreement for the use of any portion of the Facility or Communications Equipment. Section 15. Right of First Refusal. If at any time after the Effective Date, the City receives and intends to accept an offer or letter of intent from any person or entity that is in the business of owning, managing or operating communications facilities or is in the business of acquiring landlord interests in agreements relating to communications facilities, to purchase fee title, an easement, a lease, a license, or any other interest in the Site or Facility or any portion thereof or to acquire any interest in this Lease, or an option for any of the foregoing, the City shall provide written notice to Lessee of said offer (“Purchase Notice”). The Purchase Notice shall include the prospective buyer’s name, the purchase price being offered, any other consideration being offered, the other terms and conditions of the offer, a description of the portion of and interest in the Site, Facility and/or this Lease which will be conveyed in the proposed transaction, and a copy of any letters of intent or form agreements presented to City by the third party offeror. Lessee shall have the right of first refusal to meet any bona fide offer of sale or transfer on the terms and conditions of such offer or by effectuating a transaction with substantially equivalent financial terms. If Lessee fails to provide written     notice to City that Lessee intends to meet such bona fide offer within forty- five (45) days after receipt of the Purchase Notice, City may proceed with the proposed transaction in accordance with the terms and conditions of such third party offer, in which event this Lease shall continue in full force and effect and the right of first refusal described in this Section shall survive any such conveyance to a third party. If Lessee provides City with notice of Lessee’s intention to meet the third party offer within forty-five (45) days after receipt of the Purchase Notice, then if the Purchase Notice describes a transaction involving greater space than the Site or Facility, Lessee may elect to proceed with a transaction covering only the Site or Facility and the purchase price shall be pro-rated on a square footage basis. Further, City acknowledges and agrees that if Lessee exercises this right of first refusal, Lessee may require a reasonable period of time, but no more than sixty (60) days, to conduct due diligence and effectuate the closing of a transaction on substantially equivalent financial terms of the third-party offer. Lessee may elect to amend this Lease to effectuate the proposed financial terms of the third party offer rather than acquiring fee simple title or an easement interest in the Site or Facility. For purposes of this Section, any transfer, bequest or devise of City's interest in the Site or Facility to a third party not in the business of owning, managing or operating communications facilities or in the business of acquiring landlord interests in agreements relating to communications facilities shall not be considered a sale for which Lessee has any right of first refusal. Section 16. Business Purpose. Lessee shall conduct and carry on upon the Site and Facility only the business for which the Site and Facility is leased, and shall not use the Site and Facility for any additional or illegal purposes. Section 17. Signs. Expressly excluding any and all signs required by applicable law or regulations, any other signs or symbols placed on the Facility at the Site or on the Communications Equipment by Lessee shall be subject to the prior reasonable approval of the City. In the event Lessee shall place signs or symbols which require the City’s approval herein on the Facility where they are visible from the street and not acceptable to the City, the City may demand the immediate removal of such signs or symbols, and the refusal of Lessee to comply with such demand within a period of five (5) business days will constitute a breach of this Lease, thereby entitling the City     to exercise any available legal remedy and to remove the sign or symbol. Any signs placed upon the Facility shall be so placed upon the understanding and agreement that Lessee will remove the same at the termination of this Lease and repair any resulting damage or injury to the Facility or the Site. If such signs are not so removed upon termination by Lessee, then the City may have the same removed at Lessee's expense. The City hereby acknowledges and agrees that all signs and symbols placed on the Facility as of the date the City executes this Lease will be deemed approved by the City. Section 18. Compliance with All Applicable Laws. Lessee agrees to comply with all Federal and State laws, ordinances, rules and regulations of the public authorities within the relevant jurisdiction in performing any and all work upon the Facility. Lessee further agrees to save and hold the City harmless from damage, loss or expense arising out of the said work, unless caused by the City's sole negligence or willful misconduct, and to remove all liens or encumbrances arising as a result of said work. It is understood and agreed that Lessee’s ability to use the Facility is contingent upon its obtaining and maintaining all certificates, permits, and other approvals that may be required by any federal, state or local authorities. The City shall cooperate with Lessee, at no cost to the City, in Lessee’s efforts to obtain and/or maintain such approvals and shall take no action which would adversely affect the status of the Facility or Access and Utility Easement with respect to the permitted use thereof by Lessee. Section 19. Interference. A. Lessee acknowledges that the City has previously entered into leases with other tenants for their equipment and antenna facilities for the purposes of transmitting and receiving telecommunication signals from the Site. The City shall not in any way be responsible or liable for any interference with Lessee's use of the Facility caused by the use and operation of any equipment by such other tenants, even if caused by new technology, but upon request the City shall enforce any non-interference provisions contained in any leases with other tenants. In the event that the City enters into additional leases, or amends existing leases to extend the term thereof, with other tenants for the purposes of allowing such other tenants to transmit and receive telecommunication signals from the Site, the City shall assure that said leases contain provisions prohibiting such other tenants from     causing interference to the then-existing equipment of existing tenants and otherwise assuring the continued quiet enjoyment of existing tenants. Provided, however, that the City's failure to include such language in such subsequent leases shall not constitute a material breach of this Lease. B. Lessee shall reasonably cooperate with all current and future users of the Site to identify the causes of and work towards the resolution of any electronic or radio frequency interference problems. In addition, Lessee agrees, within forty-eight hours after receiving written notice thereof, to eliminate any material, adverse radio or television interference to City- or government operated equipment caused by Lessee's Communications Equipment which was installed after the installation of such City or government operated equipment at Lessee's own expense and without imposition of extra filters on City-operated equipment. C. In the event that any other tenant's or the City's activities interfere with Lessee's use of the Facility, and Lessee cannot resolve this interference with the other tenants, Lessee may, upon ninety (90) days’ notice to City, terminate this Lease and restore the Facility to its original condition, reasonable wear and tear accepted. In such event, Lessee shall be entitled to a pro rata refund of all pre-paid rent. Section 20. Intentionally Omitted. Section 21. Default and Termination. A. It is a "Default" if (i) either party fails to comply with this Lease and does not remedy the failure within thirty (30) days after written notice by the other party or, if the failure cannot reasonably be remedied in such time, if the failing party does not commence a remedy within the allotted thirty (30) days and diligently pursue the cure to completion within ninety (90) days after the initial written notice. The cure periods set forth in this Section 21. do not extend the period of time in which either party has to cure interference pursuant to Section 19. B. In the event of a Default, without limiting the non-defaulting party in the exercise of any right or remedy which the non-defaulting party may have by reason of such default, the non-defaulting party may terminate this Lease and/or pursue any remedy now or hereafter available to the non- defaulting party under the laws of the State of Washington. Further, upon a Default, and upon written notice, the non-defaulting party may at its option     (but without obligation to do so), perform the defaulting party's duty or obligation. The costs and expenses of any such performance by the non- defaulting party shall be due and payable by the defaulting party upon invoice therefor. Section 22. Insurance. Lessee shall carry and maintain for the duration of the Lease insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Lessee, its agents, representatives or employees. Lessee shall provide an insurance certificate, together with an additional insured endorsement with coverage as least as broad as Additional Endorsement ISO form CG 20 11, including that the City, its officers, elected officials, employees, representatives, engineers, consultants and volunteers are covered as additional insureds by blanket endorsement with respect to this Agreement, to the City for its inspection prior to the commencement of any work or installation of any Communications Equipment pursuant to this Lease, and such insurance certificate shall evidence: (i)Commercial general liability insurance, based on ISO form CG 00 01 or its equivalent, on an occurrence basis, with limits of: (a)$5,000,000.00 for bodily injury or death or property damage per occurrence and in the aggregate; and shall cover premises and contractual liability. (ii)Automobile liability for owned, non-owned and hired vehicles with a combined single limit of $2,000,000.00 for each accident; and (iii)Worker's compensation within statutory limits or be a qualified self-insurer, and employer's liability insurance with limits of $1,000,000.00 per accident/per disease policy limit/per disease per employee. (iv)Pollution self-insurance with limits of $1,000,000 per claim and in the aggregate covering third party claims for bodily injury, property damage or cleanup costs as required by law, where the pollution is caused during and by Lessee’s operations under this Agreement. Lessee may self-insure this risk under the same terms as required by this Agreement.     1. The liability insurance policies required by this Section shall be maintained by Lessee throughout the term of this Lease, and such other period of time during which Lessee is operating without a Lease, or is engaged in the removal of its Communications Equipment. Such insurance shall have A.M. Best Company ratings of no less than A-VII. Payment of deductibles and self-insured retentions shall be the sole responsibility of Lessee. The insurance required of Lessee pursuant to this Section shall be primary to any insurance maintained by the City and any such insurance maintained by the City, its officers, officials, employees, consultants, and volunteers shall be deemed excess insurance and not contribute with Lessee's insurance to the extent that Section 23. allocates liability to Lessee. Lessee may meet the policy limit requirements of this Section through the use of an umbrella excess liability insurance policy, provided that the City is provided with an insurance certificate evidencing that the City is an additional insured on said policy by blanket endorsement with respect to this Agreement, using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as broad coverage.  B. The Lessee is obligated to ensure that the City is notified of any cancellation or intent not to renew any insurance policy, required pursuant to this Section 22., at least thirty (30) days prior to any such cancellation unless replaced. At least ten (10) days prior to said cancellation or intent not to renew, the Lessee shall obtain and furnish to the City a certificate evidencing replacement insurance policies meeting the requirements of this Section 22. Failure to provide the insurance cancellation notice or to furnish to the City a certificate evidencing replacement insurance policies meeting the requirements of this Section 22. shall be considered a material breach of this Lease. C. The Lessee's maintenance of insurance as required by this Section 22. shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or equity. Further, the Lessee's maintenance of insurance policies required by this Lease shall not be construed to excuse unfaithful performance by the Lessee.     D. As of the effective date of this Lease, Lessee self-insures its pollution liability coverage. Should Lessee wish to self-insure other coverages at the levels outlined in this Lease at a later date, Lessee must provide the City with thirty (30) days advanced written notice of its intent to self-insure. In order to self-insure, the Lessee shall comply with the following: (i) make available to the City, upon request, a copy of Lessee’s most recent annual report; (ii) Lessee is responsible for all payments within the self-insured retention; and (iii) Lessee assumes all defense and indemnity obligations as outlined in the indemnification provisions of Section 23. of this Lease. These requirements may be modified by written amendment executed by both parties. Section 23. Indemnification and Waiver. A. Lessee hereby agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability actually incurred by or asserted against the City, its officers, employees, agents or representatives arising from injury, sickness, or death of any person or damage to property, to the extent arising directly as a result of: (i) the acts or omissions of Lessee, its agents, servants, officers or employees in performing the activities authorized by this Lease; (ii) Lessee's exercise of the rights granted herein; (iii) the acts or omissions of Lessee, its Subtenants, agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction, or work upon the Facility, in any public way, or other public place in performance of work or services permitted under this Lease; (iv) radio frequency emissions or radiation emitted from Lessee's equipment located upon the Facility. B. The provisions of this Section shall apply to claims by Lessee's own employees and the employees of Lessee's agents, representatives, contractors, and subcontractors to which Lessee might otherwise be immune under Title 51 RCW. This waiver of immunity under Title 51 RCW has been mutually negotiated by the parties hereto, and Lessee acknowledges that the City would not enter into this Lease without Lessee’s waiver thereof. C. Any permitting by the City of Lessee’s use of the Site, public ways or public property, and/or any inspection or acceptance by the City of     any work performed by Lessee at the time of completion of construction, shall not be grounds for avoidance of any of these covenants of indemnification or for Lessee to bring suit against the City for any losses suffered by Lessee as a result of such use of the Site, public ways or public property by Lessee. Provided that Lessee has been given prompt written notice by the City of any such claim, Lessee’s indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. City’s failure to so notify and request indemnification shall not relieve Lessee of any liability that Lessee might have, except to the extent that such failure prejudices Lessee’s ability to defend such claim or suit. The City has the right to defend any such claim or, in the event Lessee has assumed the defense of any claim as provided herein, the City has the right to reasonably participate in, but not control, the Lessee’s defense of any such claim, and has the right to approve any settlement or other compromise of any such claim unless such settlement or compromise (i) does not entail any admission on the part of the City, its officers, employees, agents or representatives that they violated any law or infringed the rights of any person or entity, (ii) has no effect on any other claim against the City, its officers, employees, agents and representatives, (iii) provides for monetary damages that are paid in full by the Lessee as the claimants sole relief under such settlement or compromise, and (iv) requires that the claimant release the City, its officers, employees, agents and representatives from all liability alleged by such claimant under the claim for which Lessee has an indemnification obligations herein. D. In the event that Lessee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this Section, and said refusal is subsequently finally determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Lessee, then Lessee shall pay all of the City's reasonable costs directly related to defense of the action, including all reasonable expert witness fees, reasonable attorneys' fees, the reasonable administrative costs of the City, and reasonable attorneys' fees of recovering under this Subsection. E. The obligations of Lessee under the indemnification provisions of this Section 23. shall apply regardless of whether liability for damages arising out of bodily injury to persons or damages to property were caused or     contributed to by the concurrent negligence of the City, its officers, agents, employees or contractors However, should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then the liability for damages arising out of bodily injury to persons or damages to property were caused or contributed to by the concurrent negligence of the City, Lessee's liability under this Section shall be allocated based upon Lessee's proportionate share of liability, as determined by said court. Notwithstanding anything to the contrary contained herein, in no event shall the indemnification or defense obligations of Lessee herein apply to the extent any losses arise as a result of or in connection with the sole negligence or willful misconduct of the City or its officers, agents, employees or contractors. F. Notwithstanding any other provisions of this Section, Lessee assumes the risk of damage to its telecommunications facilities located in the public ways and upon City-owned property from activities conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or criminal conduct on the part of the City, its officers, agents, employees or contractors. In no event shall the City be responsible for indirect, special, consequential, or punitive damages or losses, including but not limited to lost income or business interruption, whether or not a party has been advised of the possibility of such damage and notwithstanding the theory of liability in which an action may be brought. Lessee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Lessee further agrees to indemnify, hold harmless and defend the City against any claims for damages actually incurred by or asserted against the City, including, but not limited to, business interruption damages and lost profits, brought by or under users of Lessee's facilities to the extent arising as the result of any interruption of service due to damage or destruction of Lessee's facilities, except to the extent arising from or related to the negligence, gross negligence or willful misconduct of the City, its officers, agents, employees or contractors. G. The provisions of this Section shall survive the expiration, revocation, or termination of this Lease. Section 24. Covenant Not to Bring Suit. The amount of the fees provided for in this Lease have been as a result of negotiations between the parties.     Lessee acknowledges and covenants not to bring suit with respect to the amount of said fees seeking to recover all or any portion of the same, and hereby waives any and all such claims as against the City and its elected or appointed officials and releases the City and its elected or appointed officials from any and all claims related to the amount of fees payable under this Lease. This Section shall not be construed as preventing or limiting any remedy Lessee may have under law or in equity with respect to recovering any amounts paid in excess of the amounts negotiated between the parties as provided for in this Lease or with respect to any failure by the City to satisfy any requirements upon which the amount or payment of fees due under this Lease are expressly conditioned. Section 25. Holdover. If Lessee shall, with the written consent of the City, holdover after the expiration of the term of this Lease, the holdover tenancy shall be for a period of time on a month to month basis at a monthly Rent equal to one hundred fifty percent (150%) of the then-current monthly Rent paid by Lessee immediately prior to the expiration of the Term, payable in advance on or before the first (1st) day of each month. Such month-to-month holdover may be terminated by the provision of thirty (30) days advance written notice by the party seeking termination of the tenancy to the other party. During such tenancy Lessee agrees to be bound by all of the terms, covenants, agreements and conditions as herein specified, so far as applicable. Section 26. Hazardous Substances. A. The City represents that it has no actual knowledge of any substance, chemical, or waste (collectively, "Hazardous Substances") on the Facility that is identified as hazardous, toxic, or dangerous in any federal, state, or local environmental or safety law or regulation. Neither Party shall introduce or use any such substance on the Facility or at the Site in violation of any applicable law or regulation, nor shall either Party allow any of its agents, or any other person under its control to do the same. B. Lessee will be solely responsible for and will defend, indemnify, and hold the City, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of the property associated with Lessee's use, storage, or disposal of Hazardous     Substances or the use, storage, or disposal of such substances by Lessee's agents, contractors, or other persons acting under Lessee's control. C. The City will be solely responsible for and will defend, indemnify, and hold Lessee, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities, including reasonable attorneys' fees and costs arising out of or in connection with the removal, cleanup, or restoration of the property associated with the City's use of Hazardous Substances, storage, or disposal of Hazardous Substances, or the use, storage, or disposal of such substances by City’s agents, contractors, or other persons acting under City’s control. Section 27. City's Removal of Lessee's Property. In the event of Lessee’s failure to remove Lessee's Communications Equipment upon the expiration or termination of the Lease in accordance with Section 5. above, the City shall have the right, but not the obligation, after giving 30 days’ notice to Lessee, to remove from the Site and Facility all of Lessee's personal property located therein, and may store the same in any place selected by the City, including, but not limited to, a public warehouse at the expense and risk of Lessee thereof. If the City removes Lessee's property as provided under this Section, it shall immediately provide Lessee written notice of such removal, and notice of Lessee's right to redeem the property after payment of any sums due the City, including the City's costs of removal and storage. If within 30 days of such written notice Lessee does not redeem the property, the City shall have the right to sell such stored property. If such property has thereafter been stored for a period of 30 days or more and then sold, the proceeds of such sale shall be applied first to the cost of the sale, second to the payment of the charges for storage, if any, and third to the payment of any other sums of money which may then be due from Lessee to the City under any terms hereof, the balance, if any, to be paid to Lessee. Notwithstanding anything to the contrary contained in this Section, City may request in writing at any time prior to the removal of Lessee’s Communications Equipment, that Lessee transfer ownership of such Communications Equipment to the City instead of removing such Communications Equipment, and if Lessee, in its sole and absolute discretion, elects to transfer such Communications Equipment to City, such transfer will be accomplished in a manner mutually acceptable to the parties, and upon such transfer Lessee shall have no further obligations with respect to such property.     Section 28. Restoration of City Property. Lessee shall, after installation, construction, relocation, maintenance, removal, or repair of its Communications Equipment, restore the Site property outside the Facility which may be disturbed by the work, to at least the same condition the City- owned property was in immediately prior to any such installation, construction, relocation, maintenance, or repair, excepting casualty not caused by Lessee and normal wear and tear. The City shall have final approval of the condition of such property after restoration, which approval shall not be unreasonably withheld. All survey monuments which are to be disturbed or displaced by such work shall be referenced and restored, as per WAC 332-120, as the same now exists or may hereafter be amended, and all pertinent federal, state and local standards and specifications. The provisions of this Section shall survive the expiration, revocation, or termination by other means of this Lease. Section 29. Waiver of City’s Lien. The City hereby waives any and all lien rights it may have, statutory or otherwise, concerning Lessee's Communications Equipment or any portion thereof which may be deemed personal property for the purposes of this Lease, regardless of whether or not the same is deemed real or personal property under applicable laws. The City gives Lessee and any mortgagee or secured party the right to remove all or any portion of said property from time to time, consistent with the requirements and provisions of this Lease, whether before or after any default under this Lease. Section 30. Modification, Waiver. No waiver, alteration or modification of any of the provisions of this Lease shall be binding unless in writing and signed by duly authorized representatives of the parties. Section 31. Non-Release of Obligations upon Termination. No termination, forfeiture, or cancellation of this Lease shall release Lessee from any liability or obligation with respect to any matter occurring prior to such termination, default or cancellation and which by its nature does or should survive such termination, default or cancellation, nor shall termination, default or cancellation release Lessee from its obligation and liability to     remove its Communications Equipment and restore the Site and Facility to its original condition ordinary wear and tear withstanding. Section 32. Assignment. This Lease shall run with the property and shall be binding on and inure to the benefit of the parties, their respective successors and assigns. However, except as expressly provided in Section 2 and Section 14, Lessee shall not assign or transfer this Lease or sublet all or any portion of the Facility without the prior written consent from the City, which consent shall not be unreasonably be withheld, delayed, or conditioned. Notwithstanding the foregoing, Lessee may assign its rights and obligations to an affiliate without consent. Affiliate for purposes of this provision is any entity that controls, is controlled by, or is under common control with Lessee. Lessee may also assign this Lease without City’s consent to an entity that acquires all or substantially all of Lessee’s assets in the market in which the Facility is located or an entity that acquires Lessee by a change of stock ownership or partnership interest and such assignee entity operates the Facilities subject to this Lease in the same manner as Lessee. Section 33. Non-Waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such covenant, agreement or option, or any other covenant, agreement or option. Section 34. Notice. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: CITY: LESSEE: CITY OF MOSES LAKE NEW CINGULAR WIRELESS PCS, LLC 401 S. Balsam Street Attn: Network Real Estate PO Box 1579 Administration Moses Lake, WA 98837 Re: Cell Site No.: K120 Attn: City Manager Cell Site Name: DOWNTOWN MOSES     Phone: (509) 764-3702 LAKE (WA) Fixed Asset No.: 10102380 1025 Lenox Park Boulevard NE 3rd Floor Atlanta, GA 30319 With a copy to: With a copy to: Katherine Kenison New Cingular Wireless PCS, LLC 406 Broadway Ave., Suite D Attn: AT&T Network Counsel Moses Lake, WA 98837 Re: Cell Site No.: K120 Email: kkenison@basinlaw.com Cell Site Name: DOWNTOWN MOSES LAKE (WA) Fixed Asset No.: 10102380 208 South Akard Street Dallas, TX 75202-4206 Section 35. Attorneys' Fees. If a suit or other action is instituted in connection with any controversy arising out of this Lease, the prevailing party shall be entitled to recover all of its reasonable costs and expenses including such sum as the court may judge reasonable for attorneys’ fees, including fees upon appeal of any judgment or ruling. Section 36. Severability. If a court of competent jurisdiction holds this Lease to be illegal, invalid or unenforceable, in whole or in part, the remaining terms, covenants, and provisions will remain in full force and effect to the fullest extent possible and will in no way be impaired, affected or invalidated. Section 37. Merger. This Lease constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution of this Lease. Section 38. Memorandum of Lease. Each party hereto agrees to cooperate with the other in executing a Memorandum of Lease in substantially the form attached hereto as Exhibit "F." The Memorandum of Lease may be recorded in the real property records for Grant County, Washington by either party hereto.     Section 39. Sale of Site. Should the City, at any time during the term of this Lease, decide to sell all or any part of the Site upon which the Facility or Access and Utility Easement are located to a purchaser other than Lessee, such sale shall be subject to the Lease and Lessee’s rights hereunder. Section 40. Casualty. City will provide notice to Tenant of any casualty or other harm affecting the Site within twenty-four (24) hours of the casualty or other harm. If any part of the Facility or the Site is damaged by casualty or other harm as to render the Site unsuitable, in Lessee’s sole determination, then Lessee may terminate this Lease by providing written notice to City, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Lessee will be entitled to collect all insurance proceeds payable to Lessee on account thereof and to be reimbursed for any prepaid Rent on a pro rata basis. City agrees to permit Lessee to place temporary transmission and reception facilities on the Site, but only until such time as Lessee is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Lease, such temporary facilities will be governed by all of the terms and conditions of this Lease, including Rent. If City or Lessee undertakes to rebuild or restore the Site and/or the Facility, as applicable, City agrees to permit Lessee to place temporary transmission and reception facilities on the Site until the reconstruction of the Site and/or the Facility is completed. If City determines not to rebuild or restore the Site, City will notify Lessee of such determination within thirty (30) days after the casualty or other harm.     CITY OF MOSES LAKE CITY MANAGER Date: ATTEST/AUTHENTICATED: CITY CLERK, Date: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: Date:     WITNESS AND ACKNOWLEDGEMENT State of Washington County of Grant On this ____ day of _____________________, 202___, before me, the undersigned Notary Public, personally appeared __________________________________________________, who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) _________________________________ _______Notary Public Print Name: My commission expires: ____________     LESSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager Signature: _____________________________ Print Name: Wayne Wooten Title: Director Date: WITNESS AND ACKNOWLEDGEMENT State of Oregon County of Washington On this ____ day of _____________________, 202___, before me, the undersigned Notary Public, personally appeared Wayne Wooten, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon which the person acted, executed the instrument. WITNESS my hand and official seal. SEAL _________________________________ Notary Public Print Name: My commission expires:     EXHIBIT A LEGAL DESCRIPTION SITE Site: K120 /DT Moses Lake  902 Juniper Dr., Moses Lake, WA 98837  Tax# 5112 The following described land situated in the county of Grant State of Washington: Starting at  the intersection of Olive Avenue and Juniper Drive; Thence Southwest along the center line of Juniper  Drive a distance of 40 feet; Thence Northwest a distance of 30 feet to the true point of the beginning;  thence Southwest parallel to and 30 feet distant from the center line of Juniper Drive a distance of 230  feet, thence Northwest a distance of 150 feet: thence Northeast a distance of 240 feet; thence  Southeast parallel to and 30 feet distant from the center line of Olive Avenue a distance of 140 feet;  thence right on the arc of a 10 feet radius curve a distance of 15.708 feet to the point of beginning.  Being a portion of Lot 16, Block 1, Lakeview Terrace #1       ACCESS AND UTILITY EASEMENT  EXHIBIT B  LEGAL DESCRIPTION         EXHIBIT C       Current and Authorized Structures.   Sixteen Antennas/Microwave and One Ground support building.    .   Tl.AT. .C.. -:....   />t;!Cl!. IIHI.             EXHIBIT D SITE   MAINTENANCE CONTACT INFORMATION      Public Works Contacts:   Monday – Friday 8 AM – 4 PM  509‐764‐3951       After Hours and Holidays– 509‐ 793‐0055         (IF APPLICABLE)  EXHIBIT E  LEASEHOLD EXCISE TAX EXEMPTION         EXHIBIT F   MEMORANDUM OF LEASE         Recording Requested By & When Recorded Return To: New Cingular Wireless PCS, LLC 1025 Lenox Park Boulevard NE 3rd Floor Atlanta, GA 30319 APN: 10-0740-000 ______________________________________________________________ Re: Cell Site No.: K120 Cell Site Name: Downtown Moses Lake Fixed Asset Number: 10102380 State: Washington County: Grant MEMORANDUM OF LEASE This Memorandum of Lease (the “Memorandum”) is entered into on the __________ day of __________________, 202___ by and between City of Moses Lake (“City”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company having a mailing address at 1025 Lenox Park Boulevard NE, 3rd Floor, Atlanta, GA 30319, (“Lessee”). NOTICE is hereby given of the Lease (as defined and described below) for the purpose of recording and giving notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded, then this Memorandum shall constitute an amendment of any such prior recorded notice(s). 1.Site and Facility. City is the owner of certain real property being described in Exhibit A attached hereto and by this reference made a part hereof (the “Site”). City and Lessee entered into that certain Facilities Lease for Telecommunications Facilities dated ____________ (the “Lease”), pursuant to which the Lessee leased a portion (the “Facility”) of the Site and is the beneficiary of certain easements for access and public utilities all as more     particularly described in the Lease, which Facility and the portion of the Site affected by such easement rights and interest are also described on Exhibit A attached hereto and by this reference made a part hereof. 2. Expiration Date. Subject to the terms, provisions, and conditions of the Lease, and assuming the exercise by Lessee of all renewal options contained in the Lease, the final expiration date of the Lease would be January 31, 2036. Notwithstanding the foregoing, in no event shall Lessee be required to exercise any option to renew the term of the Lease. 3. Leased Premises Description. Lessee shall have the right, exercisable by Lessee at any time during the original or renewal terms of the Lease, to cause an as-built survey of the Facility to be prepared and, thereafter, to replace, in whole or in part, the description(s) of the Facility set forth on Exhibit A with a legal description or legal descriptions based upon such as- built survey. Upon Lessee’s request, City shall execute and deliver any documents reasonably necessary to effectuate such replacement, including, without limitation, amendments to this Memorandum and to the Lease. 4. Right of First Refusal. There is a right of first refusal in the Lease. 5. Effect/Miscellaneous. This Memorandum is not a complete summary of the terms, provisions and conditions contained in the Lease. In the event of a conflict between this Memorandum and the Lease, the Lease shall control. Grantor hereby grants the right to Lessee to complete and execute on behalf of Grantor any government or transfer tax forms necessary for the recording of this Memorandum. This right shall terminate upon recording of this Memorandum. 6. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to City at: City of Moses Lake, 401 S. Balsam Street, PO Box 1579, Moses Lake, WA 98837; to Lessee at: New Cingular Wireless PCS, LLC, 1025 Lenox Park Boulevard NE, 3rd Floor, Atlanta, GA 30319. Any of the parties hereto, by thirty (30) days prior written notice to the other in the manner provided herein, may designate one or more different notice     addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice. 7. Counterparts. This Memorandum may be executed in multiple counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 8. Governing Law. This Memorandum shall be governed by and construed in all respects in accordance with the laws of the State or Washington, without regard to the conflicts of laws provisions of such State or Commonwealth.     [SIGNATURES FOLLOW ON NEXT PAGE]     IN WITNESS WHEREOF, City and Lessee have each executed this Memorandum as of the day and year set forth below. CITY City of Moses Lake Signature: Print Name: Title: _________________________________ Date: WITNESS AND ACKNOWLEDGEMENT State/Commonwealth of County of On this ____ day of _____________________, 202___, before me, the undersigned Notary Public, personally appeared __________________________________________________, who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. [SEAL] _________________________________ Notary Public Print Name: _______________________ My commission expires: _____________     [SIGNATURES CONTINUE ON NEXT PAGE]     LESSEE New Cingular Wireless PCS, LLC a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager Signature: _____________________________ Print Name: _Wayne Wooten___________________________ Title: Director Date: _________________________________ WITNESS AND ACKNOWLEDGEMENT State of Oregon County of Washington On this ____ day of _____________________, 202__, before me, the undersigned Notary Public, personally appeared Wayne Wooten, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon which the person acted, executed the instrument. WITNESS my hand and official seal. [SEAL] _________________________________ Notary Public Print Name: _______________________ My commission expires: ____________         EXHIBIT A Site: K120 /DT Moses Lake  902 Juniper Dr., Moses Lake, WA 98837  Tax# 5112 The following described land situated in the county of Grant State of Washington: Starting at  the intersection of Olive Avenue and Juniper Drive; Thence Southwest along the center line of Juniper  Drive a distance of 40 feet; Thence Northwest a distance of 30 feet to the true point of the beginning;  thence Southwest parallel to and 30 feet distant from the center line of Juniper Drive a distance of 230  feet, thence Northwest a distance of 150 feet: thence Northeast a distance of 240 feet; thence  Southeast parallel to and 30 feet distant from the center line of Olive Avenue a distance of 140 feet;  thence right on the arc of a 10 feet radius curve a distance of 15.708 feet to the point of beginning.  Being a portion of Lot 16, Block 1, Lakeview Terrace #1.