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FINAL 2021 1214 Council Agenda PacketMoses Lake City Council David Curnel, Mayor | Daryl Jackson, Deputy Mayor | 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/81573286494. 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. Tuesday, December 14, 2021 Moses Lake Civic Center – 401 S. Balsam or remote access 6:45 p.m. – Appoint Council Elect Deanna Martinez to Vacant Position 1 Motion Regular Meeting Agenda Call to Order – 7 p.m. Roll Call Pledge of Allegiance Approval of the Agenda 2022 Council Elect Oaths of Office by Superior Court Judge Anna Gigliotti Presentations SR 17 and Grape Drive Roundabout Design Update - WSDOT Project Engineer Jeff Deal Aspect Consulting Contract Amendment Motion Presented by Allison Williams, City Manager Summary: Council to review and consider approval Summary Reports: Mayor’s Report Motion x 5 -Reappoint Municipal Airport Board Members Pricket and Jackson -Reappoint Lodging Tax Advisory Board Members Eck, Hanover, Lawson, Molitor -Appointments for Lodging Tax, Planning, and Park Boards -Reappointment of Council Member Myers to Grant Transit Authority - Appointment of Council Member Martinez to Grant County Health District Moses Lake Council Packet 12-14-21, Page 1 of 200 December 14, 2021, City Council Meeting Page 2 _________________ Additional Business City Manager’s Report -City Employee Recognition – Years of Service -Public Works Director Mike Moro Retirement page 4 -Clean Up Volunteer Recognition – Resident Paul Guest - 3 rd Quarter Financial Report page 5 Consent Agenda Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #1 pg 7 a.City Council Meeting Minutes Dated November 23, 2021 b.Claims and Payroll c.2022 City Meeting Calendar d.Police Officer Hiring Bonus Policy Resolution 3870 e. Perteet Mae Valley Traffic Study Contract Extension f.Award Overhead Doors Maintenance Contract g.Accept Valley and Grape Signal Cabinet Replacement 2021 h.Accept Well 31 Decommissioning Project i.Misc COF Upgrades Bid Rejection Old Business #2 pg 102 Jake Jacobsen dba Hayboy Farms Lease Renewal Motion Presented by David Bren, Municipal Services Director Summary: Council to review and consider approval #3 pg 121 Stredwick Water Rights Lease Back Motion Presented by Allison Williams, City Manager Summary: Council to review and consider approval #4 pg 127 Grant County District Court ILA for Municipal Court Services, Fine and Penalty Update Ordinances 2996 and 2997 Motion x 3 Presented by Allison Williams, City Manager Summary: Council to review and consider approval and adoption #5 pg 143 2022 Fee Schedule Resolution 3873 Motion Presented by Gail Gray, Interim Finance Director Summary: Council to review and consider adoption Moses Lake Council Packet 12-14-21, Page 2 of 200 December 14, 2021, City Council Meeting Page 3 _________________ #6 pg 161 Larson Recreation Center Equipment Motion Presented by Susan Schwiesow, Parks, Recreation & Cultural Services Director Summary: Council to review and consider approval New Business None Scheduled Administrative Reports -Goat & Gaily Islands No Shooting Area Petition -Municipal Airport Code Enforcement Report page 190 -Community Development Project List page 195 -Council Committee and Regional Board Appointments page 198 -Outgoing Council Recognitions Council Communications and Reports Adjournment Next Regular Council Meeting is scheduled for January 11, 2022 Zoom Meeting – Audio Only Please click the link below to join the webinar: https://cityofml.zoom.us/j/81573286494 Or iPhone one-tap: US: +12532158782,,81573286494# or +13462487799,,81573286494# 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: 815 7328 6494. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 764-3703 as soon as possible so that arrangements may be made prior to the meeting time. Moses Lake Council Packet 12-14-21, Page 3 of 200 MUNICIPAL SERVICES - RETIREMENT REPORT (27-YEARS) To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: December 9, 2021 Proceeding Type: Retirement Report Subject: Mike Moro, PE Public Works Director Retirement after 27-Years with the City MIKE MORO, PE – PUBLIC WORKS DIRECTOR - RETIREMENT RECOGNITION: Mike Moro, PE the City Public Works Director is retiring on December 17th 2021. Mike has been with the City for 27-Years now as a Public Works Director and as a Project Engineer from the beginning. Mike cannot be replaced with just one employee. Mike has acted as our operations superintendent and has continued engineering projects too, all under the title of Public Works Director. In short, he has been both a Superintendent and an Engineer for the last 6-Years. Mike, I am really going to miss you by my side and it will be very hard to replace you. Thank You for all your service over these past 27-years at the City. [Presentation of the Special Award] ENGINEERING SERVICES 1996 MIKE MORO, PE GETTING STARTED AT THE CITY Moses Lake Council Packet 12-14-21, Page 4 of 200 MEMORANDUM To: Allison Williams, City Manager From: Gail Gray, Interim Finance Director Subject: 2021 3rd Quarter Budget Revenue and Expenditure Report I am pleased to submit the City of Moses Lake’s 2021 third quarter actual results compared to budgeted revenue and expenditure report for all city funds. Beginning Fund Balances shown are subject to final adjustments made as a result of the year-end closing process, which will not be officially concluded until the State Auditor’s work is completed. Overall, we are seeing recovery from the economic slowdown caused by the “Stay Home, Stay Safe” response to COVID-19-- we weathered this storm in much better financial condition than many other local governments. The City budget is performing as expected in many areas through the third quarter of 2021. At the end of the third quarter 2021, we are seeing typical variances tied to position vacancies and the timing of expenses. We are experiencing growth in sales tax and building related permits and fees because of major construction projects in the city limits. Capital projects are still underspent because of long lead-in times that are typical of this activity. As a whole, we are not anticipating distress in our 2021 budget. This report is summarized by type of fund, and reported by functional type, and includes the following sections: •City-Wide Overview •General Fund Revenue Analysis •General Fund Expenditure Analysis •Other Funds Analysis •Conclusion •Exhibit I—Fund Detail that supports the Summaries Moses Lake Council Packet 12-14-21, Page 5 of 200 City-Wide Overview 2020 Adopted Percent Actual Budget Actual Rec'd General Fund 17,520,562$ 27,623,830$ 21,164,650$ 76.6% Operating/Enterprise Funds 28,189,608 35,795,909 32,139,470 89.8% Capital Improvement Funds 3,721,718 16,345,380 15,487,234 94.7% Risk Mgmt/Employee Benefit 604,878 971,100 928,022 95.6% Debt Service Funds 2,268,797 3,180,950 2,266,950 71.3% Total City Revenues 52,305,563$ 83,917,169$ 71,986,327$ 85.8% 2021 Revenue Comparison (Budget vs. Actual--75% of year) 2020 Adopted Percent Actual Budget Actual Spent General Fund 19,017,939$ 29,536,084$ 20,235,884$ 68.5% Operating/Enterprise Funds 25,555,203 39,337,593 26,382,469 67.1% Capital Improvement Funds 5,516,386 23,157,100 5,345,099 23.1% Risk Mgmt/Employee Benefit 805,215 1,032,500 861,994 83.5% Debt Service Funds 1,862,269 3,179,575 2,264,112 71.2% Total City Expenditures 52,757,012$ 96,242,852$ 55,089,557$ 57.2% Expenditure Comparison (Budget vs. Actual--75% of year) 2021 Moses Lake Council Packet 12-14-21, Page 6 of 200 General Fund Revenue Analysis Property Tax – The first half of the Property Tax assessment is due to the Grant County Treasurer by April 30, and the second half is due October 31. The budget was set based on assumptions of new construction and collection rates, and then discounted for collection delinquencies. Even though the levy for 2021 was set at $7.721 million, we only budgeted $7.664 million. It should be noted that the budget does not include the delinquent payment arrangement by a major taxpayer. At this point in time, it appears collections could come in slightly over budget, so we are not anticipating this major revenue source will at least meet budget, and will exceed it if the delinquent taxpayer makes their second agreed upon payment at year end. Sales Tax – Even though we expected this major revenue source to drop in 2020 because of the COVID economic shutdown, it exceeded the 2019 actual and ended 2020 at $7.34 million, and was conservatively set slightly below the 2020 actual at $7.2 million assuming COVID would affect the beginning of the year. However, through the 3rd quarter, sales tax was up 26.7% over the prior year, and at the end of September, we are ahead of 2020 by almost $1.5. Much of this growth is tied to major construction projects in the city limits, so we expect this major revenue source to exceed this year’s budget estimate by $2.0 million. 2020 20 vs 21 Adopted Percent Percent Actual Budget Actual Rec'd Change 310 Taxes Property Tax 4,275,517$ 7,664,700$ 4,888,611$ 63.8% 14.3% Sales Tax 5,377,363 7,200,000 6,814,130 94.6% 26.7% Sales Tax-Public Safety 445,149 1,200,000 1,018,860 84.9% Utility Tax 2,567,599 3,279,900 2,990,423 91.2% 16.5% Gambling Tax 127,173 221,000 137,627 62.3% 8.2% Other Taxes 25,190 57,000 24,857 43.6% -1.3% Subtotal-Taxes 12,817,991 19,622,600 15,874,509 80.9% 23.8% 320 Licenses & Permits 592,976 825,600 915,152 110.8% 54.3% 330 Intergovernmental Revenues 845,858 1,290,330 800,669 62.1% -5.3% 340 Charges for Goods & Services 2,489,406 4,379,250 2,603,576 59.5% 4.6% 350 Fines and Penalties 415,931 656,300 792,235 120.7% 90.5% 360 Miscellaneous Revenues 358,104 349,750 178,509 51.0% -50.2% 390 Other Financing Resources - 500,000 - 0.0% Total General Fund Revenues 17,520,266$ 27,623,830$ 21,164,650$ 76.6% 20.8% 2021 General Fund Revenues As of September 30, 2021 - 75% of year Moses Lake Council Packet 12-14-21, Page 7 of 200 Sales Tax-Public Safety—The City started receiving this revenue in June of 2020, represents the new 0.3% Criminal Justice Tax then. Through 2021 we are exceeding the 75% mark on the budget, and expect it will also meet and exceed current budget estimates. Utility Tax – This revenue source experiences fluctuations either from rate adjustments or fluctuations in usage. Third quarter results are above the prior year by 16.5%. Rate increases in Water, Wastewater, and Solid Waste were offset by the continuing downward trend in telephone utility taxes. Through 6 months, this revenue source will slightly exceed budget. Gambling Taxes—This revenue stream is historically higher in the first half of the year, although the closing of establishments that offer gambling greatly reduced the 1st half receipts. It should be noted that Council reduced the card game tax rate over five years (2018-2022), so this is expected to trend below the prior year actual. The restrictions of restaurants and bars has negatively affected this revenue source, and even though we reduced the budget, this revenue is trending to still be slightly below the 2021 budget. Other Taxes—This consists of Leasehold Excise Tax and Admissions Tax, both of which are still hard hit because of the economic shut-down. Fortunately, this is a small budget because we will still likely be short about $20,000. Licenses and Permits – This revenue is generated by the development community, and is difficult to budget because it is volatile by nature. 2021 3rd quarter results are greatly exceeding the 75% mark and budget itself. We have had some large one-time permits that will translate to future construction sales tax. In the future, the City Manager will be working on a long-term budgeting plan that will ensure the City does not budget for recurring expenses based on these large one-time project revenues to ensure city sustainability. Intergovernmental Revenue – This category includes State-shared revenue ($468k), the PUD privilege tax ($320k), and other grants (consisting primarily of Public Safety and Planning grants totaling $502k). State-shared revenue is slightly exceeding budgeted estimates. The PUD tax is received once a year in August. The other grants are reimbursement grants, so we would typically expect to have 1 quarter of activity actually received. Overall, the category is under budget of the year, but is anticipated to slightly exceed the total budget by year end when the grant receivable is recorded. Charges for Goods and Services primarily consist of: • Fees charged for Parks and Recreation Programs; • The City Administrative fee charged to funds for the services provided by the executive branch and finance; • Engineering services charged both to internal projects and external developers; and • School Resource Officers reimbursed by Moses Lake School District Moses Lake Council Packet 12-14-21, Page 8 of 200 Because of our switchover to the new payroll and financial management software system, the function that allocates labor costs is lagging in implementation. The adjustments are pending and causing this revenue to be under-reported. Fines and Penalties consist almost entirely of fines generated by the red-light camera program. In 2020, because the schools closed, much the speeding in a school zone fine revenue was not generated, and the “Stay Home” message resulted in less traffic so that the normally high ticket intersections are not generating as many tickets. We reduced the 2021 revenue estimate because of these factors, but we are currently trending above 2019 levels, when we collected $969k for the year. We are currently above budget for 2021. We have paid Redflex $359k through 9 months, so this program has netted revenue of about $430k for the Police Department for the three quarters 2021. If these trends continue, this revenue will exceed budget by the end of the year. Miscellaneous Revenues include interest earnings on investments and facility rentals. This category is significantly less than prior year actual primarily because of lower interest rates for investments – don’t expect to hit the budget. It should be noted interest revenue comes into General Fund throughout the year and we only allocate interest out to funds once at the end of the year. Other Financing Resources is made up primarily of a transfer from the Water Department of excess maintenance and operating charges as authorized by RCW 35.23.535 ($500k). This revenue is transferred at year-end. Summary --Overall, the third quarter 2021 General Fund revenue came in at $19,288,509 which is 69.8% of the total year budget. There is a “mixed bag” of results through the 3 quarters of 2021, with some of the smaller revenue that was sensitive to COVID issues along with interest earnings below the 50% mark, but with large surges in some of the other revenues, like sales tax, permitting fees and the red-light camera program exceeding budget. Total revenue increased by $1,768,243, or 10.1%, from the third quarter 2020 actual of 17,520,266. A new revenue (public safety sales tax) accounts for about $338k of this increase, with large growth in regular sales tax and permitting fees because of construction activity making a major contribution to the increase. Moses Lake Council Packet 12-14-21, Page 9 of 200 General Fund Expenditure Analysis In total, General Fund Expenditures for the third quarter are 6.5% below the 75% mark, but are up by 6.4% compared to the prior year. This increase consists primarily of the 2021 COLA adjustment for Police and Fire union salaries, along with the budgeted use of the new public safety tax in the Police Department. Another reason for the increase is moving the transfer to the Risk Management 100% into the 1st quarter because the liability insurance premiums are due in January. There was a significant decrease in year-over-year actuals in the divisions that occupy the Civic Center, (i.e. Legislative, Executive, Finance, and the museum in Parks, Recreation & Cultural Services) because one of the debt service payments was paid off completely the end of 2020, so debt service transfers were reduced. Since General Fund is over 59% staffing, events effecting total payroll have a significant impact on budgets. Position vacancies may start out being an “overage” because of the cashout of earned accrued leave balances, but then can produce savings when the position is vacant for any length of time. The City has had several high-level positions vacant for an extended period, i.e. Engineering and Municipal Services Directors, Finance Director, and various positions in Parks, Recreation and Cultural Services. Most variances in individual divisions are the result of position vacancies. Additionally, many conferences are still “virtual” in 2021, so the travel budgets have been underspent through September 30. 2020 20 vs 21 Adopted Percent Percent Actual Budget Actual Spent Change Legislative 267,212$ 290,061$ 197,072$ 67.9% -26.2% Executive 753,313 890,750 662,310 74.4% -12.1% Finance 786,483 1,084,572 813,960 75.0% 3.5% Community Development 1,032,891 1,790,088 1,269,525 70.9% 22.9% Legal 147,811 187,600 131,831 70.3% -10.8% Misc. Services 1,415,919 1,900,990 1,444,066 76.0% 2.0% Library 57,666 67,300 56,372 83.8% -2.2% Engineering 1,654,340 2,183,723 1,400,664 64.1% -15.3% Parks, Rec & Cultural Services 3,900,976 6,974,983 4,707,276 67.5% 20.7% Police 5,896,104 9,274,654 6,495,476 70.0% 10.2% Fire 3,105,224 4,891,363 3,057,331 62.5% -1.5% Total General Fund Expenditures 19,017,939$ 29,536,084$ 20,235,884$ 68.5% 6.4% 2021 As of September 30, 2021 - 75% of Year General Fund Expenditures Moses Lake Council Packet 12-14-21, Page 10 of 200 A major expense in the Finance Department is the annual audit. This is typically performed in the fall, but because of COVID and turnover of accountants, the audit for the 2019 financial statement was pushed from the second half of 2020 into early 2021, which put Finance at the 75% mark. Community Development has a large one-time expense in their professional services budget to complete a Comprehensive Plan update, which saw significant activity in 2021. Overall, expenditures in this department are within range and may come with a slight savings. The major component in the Miscellaneous Services budget is the General Fund transfers to Streets and Debt Service funds. This is estimated to be within budget. All other General Fund budgets are at varying levels below 75%. The largest percentage below budget is the Fire department because of the transfers out to fund the fire truck (Fund 282) and vacancy savings. Conclusion—General Fund is trending below the 75% mark in expenditures. Some revenues are delayed, however are projected to come in within budget. As of the third quarter, there is a General Fund surplus of $928,766. Moses Lake Council Packet 12-14-21, Page 11 of 200 Other Funds Analysis Third quarter 2021 results generally performed as expected. Variances in capital funds are related to timing of major projects, as well as capital components in operating funds (such as Building Maintenance, Fleet Maintenance, Central Services (for the new computer software) and Stormwater capital projects/purchases). Debt Service funds primarily only have interest payments due in the first half of the year—principal payments are typically scheduled for later in the year so the fund can build up the necessary balance. Property and liability insurance premiums are due at the first of the year, so the Risk Management fund is over 83% spent already. The Homeless Services program helped with the down-payment for a more permanent temporary shelter of about $200k. This program is primarily funded with reimbursable grants, so it had a fund balance deficit at the 9-month mark, and has also almost spent its total authorized budget. This will be fixed once the timing of revenue is accrued at year-end. The revenues in most funds are at or over the 75% mark, although there are exceptions (Tourism Activities, Paths & Trails, Streets and Transportation Benefit District Funds). Hotel/Motel tax is turning back up after a significant reduction in 2020. This revenue source is typically more robust in the last quarter of the year. The revenue estimate was reduced because 2020 20 vs 21 Adopted Percent Percent Revenues Actual Budget Actual to Budget Change Operating/Enterprise Funds 28,189,608$ 35,795,909$ 32,139,470$ 89.8% 14.0% Capital Improvement Funds 3,721,718 16,345,380 15,487,234 94.7% 316.1% Risk Mgmt/Employee Benefit 604,878 971,100 928,022 95.6% 53.4% Debt Service Funds 2,268,797 3,180,950 2,266,950 71.3% -0.1% Subtotal-Revenue 34,785,001$ 56,293,339$ 50,821,676$ 90.3% 46.1% Expenditures Operating/Enterprise Funds 25,555,203$ 39,337,593$ 26,382,469$ 67.1% 3.2% Capital Improvement Funds 5,516,386 23,157,100 5,345,099 23.1% -3.1% Risk Mgmt/Employee Benefit 805,215 1,032,500 861,994 83.5% 7.1% Debt Service Funds 1,862,269 3,179,575 2,264,112 71.2% 21.6% Subtotal-Expenditures 33,739,073$ 66,706,768$ 34,853,673$ 52.2% 3.3% 2021 Other Funds Revenues and Expenditures As of September 30, 2021 -75% of Year Moses Lake Council Packet 12-14-21, Page 12 of 200 of the continuing reduction in travel in the first part of the year, but it is on target to meet the reduced budget. Expenditures are below budget, therefore the fund will not experience a negative change in fund balance. The Streets Fund is adjusted to spend on expenditures as revenues may be lower than budgeted. There are timing differences in distribution that is causing a revenue to come in below budgeted. Water/Wastewater Fund revenues typically increase during the hotter months, as more water is used for irrigating. The Airport Fund has a major grant for a fuel system in its budget, but since we have not been able to procure a unit, both revenue and expenditure budgets are 13% received and 8.7% spent as of September 30. The airport board determined that they want to look at a new fuel system versus used, so the project is being prepared to be put out to bid. Equipment Rental/Fleet Maintenance is under the 75% mark in revenue because the LOCAL borrowing for the Fire pumper/tender combination apparatus will not occur until November. Additionally, favorably the expenditures are not over the 75% mark. Conclusion Overall, third quarter results are performing as expected. Most variances from the 75% mark are related to normal timing. All funds have a healthy fund balance coming out of the COVID 19 economic shutdown. In the first three quarters of the year, thanks in large part to a federal America Rescue Plan grant of $3.36 million and the issuance of a LOCAL bond for the Larson Recreation Center rebuild of $11.3 million, $17.2 million was added to citywide fund balances, and all funds had positive fund balances on September 30, 2021, with the exception of the Homeless Services Fund that is waiting for a grant reimbursement. General Fund will continue to be monitored, however it is expected to come within budget. Moses Lake Council Packet 12-14-21, Page 13 of 200 Exhibit 1CITY OF MOSES LAKE2021 Actual vs. Budget Variance75% of year completed3rd Quarter 20211/1/20212021 Budget- 2021 YTD2021 2021 YTD 2021 9/30/2021Actual Begin.Amended Actual %Adopted Actual % (Use) Gain of EndingFund BalRevenuesRevenuesReceivedBudget Expenditure Expended Fund Balance Fund BalanceGeneral FundLegislative290,061$ 197,072$ 67.9%Executive890,750 662,310 74.4%Finance1,084,572 813,960 75.0%Community Development1,790,088 1,269,525 70.9%Legal187,600 131,831 70.3%Misc. Services1,900,990 1,444,066 76.0%Library67,300 56,372 83.8%Engineering2,183,723 1,400,664 64.1%Parks & Recreation6,974,983 4,707,276 67.5%Police9,274,654 6,495,476 70.0%Fire4,891,363 3,057,331 62.5%Total General Fund6,953,973$ 27,623,830$ 21,164,650$ 76.6%29,536,084 20,235,884 68.5% 928,766$ 7,882,739$ Other Operating/EnterpriseTourism Activities -102 781,584 621,000 398,019 64.1%569,400 294,161 51.7% 103,858 885,442 Grants & Donations -103 846,895 84,400 78,081 92.5%218,800 199,218 91.1% (121,137) 725,758 Local Fiscal Recovery -1053,365,063 - 3,365,063 3,365,063 Homeless Services -110 47,880 653,000 554,629 84.9%498,700 850,582 170.6% (295,953) (248,073) Paths & Trails - 114 85,801 2,000 1,233 61.7%26,000 - 0.0%1,233 87,034 Streets - 116705,289 2,510,000 1,687,383 67.2%2,568,315 1,731,168 67.4% (43,784) 661,505 Transportation Benefit District - 170 698,056 1,681,000 1,221,396 72.7%1,850,000 1,387,500 75.0% (166,104) 531,952 Water/Wastewater Operating - 410 2,693,562 13,078,600 11,388,045 87.1%13,661,075 8,806,636 64.5% 2,581,409 5,274,971 Sanitation -490715,294 4,490,000 3,655,749 81.4%4,499,300 2,937,224 65.3% 718,525 1,433,819 Stormwater - 493312,333 964,000 836,328 86.8%1,294,646 688,658 53.2% 147,670 460,003 Airport - 495104,931 202,000 26,256 13.0%234,609 20,305 8.7%5,951 110,882 Ambulance - 498745,932 2,873,300 3,007,486 104.7%3,496,021 2,530,734 72.4% 476,753 1,222,685 Central Svc - 517785,689 1,823,800 1,367,850 75.0%1,971,805 1,487,809 75.5% (119,959) 665,730 Equipment Rental -5193,455,486 4,113,009 2,472,352 60.1%5,048,691 3,459,750 68.5% (987,398) 2,468,088 Build Maint -5281,203,294 2,774,800 2,079,600 74.9%3,400,231 1,988,724 58.5%90,876 1,294,170 Total Other Operating/Enterprise13,182,026 35,795,909 32,139,470 89.8%39,337,593 26,382,469 67.1% 5,757,002 18,939,028 Page 12021 3rd qtr actual vs budgetMoses Lake Council Packet 12-14-21, Page 14 of 200 Exhibit 1CITY OF MOSES LAKE2021 Actual vs. Budget Variance75% of year completed3rd Quarter 20211/1/20212021 Budget- 2021 YTD2021 2021 YTD 2021 9/30/2021Actual Begin.Amended Actual %Adopted Actual % (Use) Gain of EndingFund BalRevenuesRevenuesReceivedBudget Expenditure Expended Fund Balance Fund BalanceCapital ImprovementStreet Repair/reconst -119 2,175,998 2,715,900 2,548,816 93.8%4,205,000 925,901 22.0% 1,622,915 3,798,912 Parks & Recreation Improvement-314 602,963 12,000,000 11,629,120 96.9%11,500,000 2,418,824 21.0% 9,210,296 9,813,259 Park Mitigation Capital Proj-315 103,236 79,480 (74,222) 152,100 - (74,222) 29,014 Water Rights - 471 2,095,140 221,020 1,000,000 - 221,020 2,316,160 Water/Sewer Construction-477 6,395,056 1,550,000 1,162,500 75.0%6,300,000 2,000,373 31.8% (837,873) 5,557,183 Total Capital Improvement11,372,392 16,345,380 15,487,234 94.7%23,157,100 5,345,099 23.1% 10,142,136 21,514,528 Risk Mgmt/Employee Benefit ReservesUnemployment Compensation - 501 12,998 54,300 30,831 56.8%51,500 30,831 59.9% - 12,998 Risk Management -503 365,982 873,800 873,800 100.0%926,000 807,776 87.2% 66,024 432,006 Firemen's Relief & Pension - 611 363,135 43,000 23,390 54.4%55,000 23,387 42.5% 4 363,139 Total Employee Benefit Reserves742,115 971,100 928,022 95.6%1,032,500 861,994 83.5% 66,028 808,143 Debt ServiceLOCAL Borrowing 21/22 - 282914,000 - - 914,000 - 0.0%GOB 2016 Refunding-286184,358 376,800 376,800 100.0%376,733 376,583 100.0%217 184,575 Water-Sewer 2011 Bond-4508,068 565,000 565,000 100.0%563,400 562,764 99.9%2,236 10,304 Bond Reserve-2011 451567,600 - - - - - 567,600 Water-Sewer 2004 Bond-4526,744 682,000 682,000 100.0%682,600 682,300 100.0%(300) 6,444 Water-Sewer 2004 Bond Reserve-453701,500 - - - 701,500 PWTF W/S Debt Serv - 48520,151 567,150 567,150 100.0%567,192 567,148 100.0%2 20,153 2015 GO Bond Redempt- 4877,771 76,000 76,000 100.0%75,650 75,317 99.6%683 8,454 Total Debt Service1,496,192 3,180,950 2,266,950 71.3%3,179,575 2,264,112 71.2%2,838 1,499,030 Total City Budget33,746,699$ 83,917,169$ 71,986,327$ 85.8%96,242,852$ 55,089,557$ 57.2% 16,896,770$ 50,643,468$ Page 22021 3rd qtr actual vs budgetMoses Lake Council Packet 12-14-21, Page 15 of 200 MOSES LAKE CITY COUNCIL November 23, 2021 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7:00 p.m. by Mayor Curnel with audio remote access. Special notice for attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Curnel; Deputy Mayor Jackson; Council Members Myers, Eck, Liebrecht, and Hankins. PLEDGE OF ALLEGIANCE Municipal Airport Board Member and Port of Moses Lake Vice President Darrin Jackson led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Eck moved to approve the Agenda as presented with the addition of a 30 minute Executive Session following the regular meeting, second by Deputy Mayor Jackson. The motion carried 6 – 0. SUMMARY REPORTS MAYOR’S REPORT Council Member Mike Riggs Resignation Council Member Riggs resigned effective November 11, 2021. Council Member Elect Deanna Martinez will be appointed by Council and sworn in at the December 14 meeting. Council Members elected for offices starting in January will also be sworn in that night. CITY MANAGER’S REPORT Fleet New Hire Bryon Tilson An introduction was given of the new Vehicle Maintenance Technician Bryon Tilson. Employee Breakfast December 22 The Wellness Committee will be hosting the employee breakfast on Wednesday, December 22, at 7:30 a.m. Holiday onesies are encouraged to be worn. Finance Director Interviews Mayor Curnel and Council Member Hankins are on the interview panel for the Finance Director position that will take place in December. REC Expansion Next Steps Staff reached out to the State after the last meeting due to the request for consideration and pause to consider a business opportunity that would have required a new application and procedural process. Staff also had conversations with REC and there is property that they will need to get in control of and a path forward is being established. There is concern over ability to provide services so staff will review the technical pieces and report back to Council. The overall message that goes out will be that we are business friendly. Moses Lake Council Packet 12-14-21, Page 16 of 200 CITY COUNCIL MINUTES – November 23, 2021 pg. 2 PUBLIC HEARING #1 2022 Budget Ordinance 2993 – Final Presentation The first public hearing of the draft ordinance occurred on November 9. There were no revisions. Mayor Curnel continued the Public Hearing at 7:08 p.m. There were no comments from the public and the hearing was closed. Action taken: Council Member Eck moved to adopt Ordinance 2993 as presented, second by Council Member Liebrecht. The motion carried 6 – 0. CONSENT AGENDA #2 a. City Council meeting minutes dated November 9 and 17, 2021 b. Claim Checks 153994 – 154201 in the amount of $1,278,043.51; Payroll Checks 64128 through 64140 in the amount of $12,322.55; Electronic Payments dated November 12, 2021, in the amount of $471,909.89 and Accounts Payable #75-80 in the amount of $691,214.31 c. Accept Valley and Central Signal Cabinet Replacement - 2021 d. Miscellaneous Code Clean Up Ordinance 2994 e. Wastewater Generators Maintenance f. REC Wastewater Discharge Permit g. Grant County Recording Fee ILA h. 2021 Surplus Equipment Resolution 3871 Action taken: Deputy Mayor Jackson moved to approve the Consent Agenda as presented, second by Council Member Eck. The motion carried 6 – 0. OLD BUSINESS #3 2022 CPI Adjustment Resolution 3872 The CPI increase is 6.16% for 2022. This is a significant increase over 2021 at 0.62% due to the COVID pandemic outfall. This increased index was used to develop the revenue estimates that are the basis of resources available to accomplish the 2022 Budget. Action taken: Council Member Liebrecht moved to adopt Resolution 3872 as presented, second by Council Member Hankins. The motion carried 6 – 0. #4 LTAC Application Recommendations Council remanded back to the LTAC requesting $5k be reallocated from the Sand Scorpions to the Columbia Basin Allied Arts. The LTAC met on November 19, and reallocated funding in the amount of $5,000 from the Grant County Fairgrounds to be split between the Columbia Basin Allied Arts and the Columbia Basin Community Concert Association. Action taken: Council Member Eck moved to accept the LTAC recommendations as presented, second by Council Member Myers. The motion carried 4 – 2. Deputy Mayor Jackson and Council Member Hankins were opposed. Moses Lake Council Packet 12-14-21, Page 17 of 200 CITY COUNCIL MINUTES – November 23, 2021 pg. 3 . NEW BUSINESS #5 Moses Lake RV Park Deferral Request The Hearing Examiner heard from an applicant requesting deferral of improvements to Bing Rd. Staff recommended denial based on the requirement for a second access to and from the RV Park on Bing Rd. The road will need to be hard surfaced and be able to accommodate two-way traffic for large RVs and emergency vehicles. Action taken: Deputy Mayor Jackson moved to approve denying the request to defer improvements to Bing Rd. as presented, second by Council Member Liebrecht. The motion carried 4 – 2. Council Members Eck and Myers were opposed. #6 2022 Fee Schedule Resolution 3873 Parks fees have been adjusted to reflect the new minimum wage increase. Community Development fees have been adjusted to consider the average staff and Hearing Examiner costs to take a land use decision file through the regulatory requirements applicable to the projects. Municipal Services fees remain greatly unchanged except for incorporating a new fee structure for plan/report review and ROW appraisals where third-party expertise would be required. Fire permit fees were updated and there are some new fees being requested. In accordance with Council direction given in November of 2016, basic utility fees are being adjusted to keep up with inflationary increases and the fee study. Council requested additional information on ice rink fees and that staff look at a gradual increase across a few years for the Community Development Land Use Fees. Action taken: Council Member Hankins moved to postpone 2022 Fee Schedule Resolution 3873 as presented, second by Council Member Eck. The motion carried 6– 0. #7 2021 Budget Adjustment Ordinance 2995 The ordinance increases the 2021 budget for 3 funds resulting in citywide total expenditures of $691,330 and adds $140,000 to estimated revenue for the General Fund and $322,500 for Homeless Services Fund. The budget amendment results in a net use of fund balance of $103,830 and $125,000 in the General Fund and Water Rights Fund, respectively. Homeless Services Funds has a net effect of $0. Action taken: Council Member Eck moved to adopt Ordinance 2995 as presented, second by Council Member Myers. The motion carried 6 – 0. ADMINISTRATIVE REPORTS Stratford Rd Tree Lighting Fire, Parks, Streets, and Engineering staff coordinated tree trimming and installation of lights on trees across the Stratford Rd. Fill ahead of the original schedule. Municipal Airport Public Development Authority Council requested staff research the possibility of a Public Development Authority for the Development of an Airpark for aerospace related business and residential use on the grounds of the Moses Lake Municipal Airport. Effectuate LLC has submitted a proposal for the financial analysis with an estimated cost of $10k-$15k. Moses Lake Council Packet 12-14-21, Page 18 of 200 CITY COUNCIL MINUTES – November 23, 2021 pg. 4 Action taken: Council Member Hankins moved to accept the Effectuate LLC proposal, second by Council Member Eck. The motion carried 4 – 1 – 1. Deputy Mayor Jackson abstained from the vote and Council Member Liebrecht was opposed. WSDOT Presentation The Washington State Department of Transportation will be doing a presentation on the Highway 17 and Grape Drive roundabout on December 14. Fire Awards Ceremony There were several awards given out at the recent banquet. The fire staff has not been able to hold a banquet since COVID, so it was nice to be able to recognize the work of their staff. The awards will be listed in the bi-weekly newsletter. COUNCIL COMMUNICATIONS AND REPORTS Council Member Eck and others wished staff and the community a Happy Thanksgiving Day and weekend. Deputy Mayor Jackson questioned not having the December 28 meeting. EXECUTIVE SESSION Mayor Curnel called an Executive Session at 7:55 p.m. to be held for 30 minutes pursuant to RCW 42.30.110(1)(f) for discussion of conducted of an elected official with no action to follow. ADJOURNMENT The regular meeting was adjourned at 8:25 p.m. ______________________________________ David Curnel, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 12-14-21, Page 19 of 200 To: Allison Williams, City Manager From: Wendy Parks, Accounting Manager Council Meeting Date: December 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 154202 - 154459 $1,001,519.08 Payroll Checks 0064141 – 0064150* $3,654.12 Payroll Checks 0064152 – 0064159 $3,004.63 Electronic Payments Payroll ACH – 11/26/2021 $480,922.68 Electronic Payments Payroll ACH – 12/10/2021 $487,480.60 Electronic Payments Accounts Payable # 81-90 $505,373.32 *Payroll Check 0064151 was voided Summary RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place. Moses Lake Council Packet 12-14-21, Page 20 of 200 Moses Lake Council Packet 12-14-21, Page 21 of 200 Moses Lake Council Packet 12-14-21, Page 22 of 200 Moses Lake Council Packet 12-14-21, Page 23 of 200 Moses Lake Council Packet 12-14-21, Page 24 of 200 Moses Lake Council Packet 12-14-21, Page 25 of 200 STAFF REPORT To: Mayor and City Council From: Allison Williams, City Manager Date: December 8, 2021 Proceeding Type: Consent Agenda Subject: 2022 Legislative Calendar Legislative History: • First Presentation: December 22, 2020 • Second Presentation: • Action: Motion Overview MLMC 2.08 designates meeting dates for all Boards and Commissions. No altered dates are being recommended for 2022. Fiscal and Policy Implications N-A Council Packet Attachment A. Proposed Legislative Calendar for 2022 Finance Committee Review N-A Legal Review N-A Options Option Results • Move to adopt the 2022 Legislative Calendar as presented The document will be saved in the Council cloud folder for future reference. • Modify the 2022 Legislative Calendar Provide staff with specified changes. Action Requested Staff recommends City Council approve the 2022 Legislative Calendar as presented. Moses Lake Council Packet 12-14-21, Page 26 of 200 January S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 April S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 February S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 May S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 November S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 March S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 June S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 September S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 December S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Holidays City Admin Offices Closed January Fri, 31st – New Year’s Day obs. Mon, 17th – MLK Jr. Day (non-rep) February Mon, 21st - Presidents' Day May Mon, 30th - Memorial Day June Mon, 20th – Juneteenth obs. (pending) July Mon, 4th - Independence Day September Mon, 5th - Labor Day November Fri, 11th - Veterans Day Th-Fr, 24th and 25th – Thanksgiving Day December Mon, 26th - Christmas Day Observed Meetings Key City Council – 7 pm Municipal Airport Board – Noon Planning Commission – 7 pm Parks, Recreation, & Cultural Services Board – 6 pm Hearing’s Examiner – 10 am LEOFF meets 2nd Tue of every other month. LTAC, Civil Service, and Firemen’s Pension Board meet as needed. 2022 AWC Action Day Jan 27 - Online AWC Annual Conference - Vancouver June 21-24, 2022 Moses Lake Council Packet 12-14-21, Page 27 of 200 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Kevin Fuhr, Police Chief Date: December 2, 2021 Proceeding Type: Consent Agenda Subject: Monetary Signing Bonus Resolution Legislative History: • Prior Presentations: May 9, 2017 and August 11, 2018 • Current Presentation: December 14, 2021 • Action: Motion Overview In May of 2017, the MLPD requested the authority to offer monetary signing bonuses of $5,000 to qualified lateral police candidates. Offering signing bonuses to qualified lateral candidates attracts qualified applicants, reduces expenditures made to the State for the Basic Law Enforcement Academy (BLEA), saves the City approximately $30,000 in wage expenses while the candidate is in the BLEA and saves five months of training time, making it much quicker for the candidate to be working on the road. The former City Manager made the request of the City Council on May 9, 2017 and received authorization to offer bonuses. After receiving authorization, the department hired three qualified lateral applicants who received the signing bonuses. Of the three candidates, two are still employed with the department and one failed to successfully complete probation and was terminated. On August 11, 2018, a second request was brought to the Council authorizing an increase to the monetary signing bonus of up to $10,000. The increase was again approved by the Council. Last month, a lateral candidate from Florida was hired and we have another lateral candidate in background. Attached is a Resolution make an authorization for the signing bonuses that can be tracked easier during audit by the State. Fiscal and Policy Implications - N/A Council Packet Attachments A. Resolution authorizing Monetary Signing Bonus Finance Committee Review-N/A Legal Review N/A Moses Lake Council Packet 12-14-21, Page 28 of 200 Page 2 of 2 Options Option Results • Adopt as presented Continue practice that was previously approved • Provide staff with changes • Take no action Discontinue offering signing bonuses Action Requested Staff requests Council adopt the Resolution to allowing for monetary signing bonuses as presented. Moses Lake Council Packet 12-14-21, Page 29 of 200 RESOLUTION 3870 A RESOLUTION OF THE CITY OF MOSES LAKE WASHINGTON, AUTHORIZING A MONETARY SIGNING BONUS TO LAW ENFORCEMENT OFFICERS NOT TO EXCEED $10,000.00 Recitals: 1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. 2. The City is facing increasing competition in hiring. This competition comes from all levels of government agencies and the overall labor market. 3. Due to the small size of the City’s workforce a vacant position places increased strain on existing operations. Therefore, it is critical to hire highly qualified personnel as soon as possible in order to maintain the level of service the City provides to its citizens. 4. Signing bonuses are becoming a common incentive to attract experienced, highly qualified candidates in both the public and private sectors. 5. The City of Moses Lake wishes to attract experienced, highly qualified applicants. 6. To attract desired applicants, the City needs the flexibility to offer the incentive to a candidate for a Law Enforcement position over competing municipalities. 7. Given the factors set forth above, it is in the best interests of the City to allow the City Manager the discretion to offer a signing bonus. Resolved: 1. Authorization to Offer a Monetary Signing Bonus. The City Council authorizes the City Manager to offer candidates for a Law Enforcement position a signing bonus of up to $10,000.00. 2. Repayment. The Signing Bonus Agreement must include a clause that requires the candidate to repay the monetary signing bonus if he or she does not complete at least two years (24 months) of service with the City of Moses Lake. The repayment obligation shall be pro-rated based on the two-year commitment. Moses Lake Council Packet 12-14-21, Page 30 of 200 3. Duration. This resolution is effective until terminated 4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. ADOPTED by the City Council on December 14, 2021. ________________________________________ David Curnel, Mayor ATTEST: __________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 12-14-21, Page 31 of 200 Page 1 of 3 STAFF REPORT To: Mayor Curnel, City Council From: Allison Williams, City Manager Date: December 6, 2021 Proceeding Type: Consent Agenda Subject: Contract Extension – Perteet Legislative History: • First Presentation: July 13, 2021 • Second Presentation: December 14, 2021 • Action: Motion Overview As a part of the overall Comprehensive Planning process, City staff identified two areas where traffic analysis was incomplete, and in need of update in order to develop a traffic improvement plan / projects and costs concurrent with development. These study areas are the Mae Valley analysis and the area around the Yonezawa Boulevard. Based on the work proposed, a partnership was developed with the Washington State Department of Transportation’s North Central Regional office to participate financially in the processes. This contract extension allows the time to finish the work. Mae Valley work has progressed to the project identification and cost phase which are underway (Steps 2 and 3 below). Moses Lake Council Packet 12-14-21, Page 32 of 200 Page 2 of 3 The Yonezawa analysis is at the recommendation phase. Moses Lake Council Packet 12-14-21, Page 33 of 200 Page 3 of 3 Fiscal and Policy Implications 2021 Professional services budget was identified in the Engineering Department (offset of cost savings from staff vacancies) coupled with funding match from WSDOT toward the studies. This amendment simply extends the time needed to complete the work to June 30, 2022. Council Packet Attachments A. Contract amendment Finance Committee Review N/A Legal Review Type of Document Title of Document Date Reviewed Contract Second Amendment to Consultant Services December 7, 2021 Options Option Results • Authorize amendment Perteet finishes contract work. • Provide staff with changes Staff negotiates changes. • Take no action Improvement projects would not be identified for Mae Valley. Action Requested Motion to authorize City Manager Allison Williams to execute the amendment as presented. Moses Lake Council Packet 12-14-21, Page 34 of 200 SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF MOSES LAKE, WASHINGTON AND PERTEET, INC. Preamble. This is the second amendment to the Consultant Services Agreement effective January 19, 2021, by and between Perteet, Inc., a Washington corporation, and the City of Moses Lake, a municipal corporation (City). I. Amendment. A. Section II, Page 10 Original Contract, titled “Consultant’s Payment”, is amended to read: “This agreement expires on June 30, 2022, unless an extension is mutually agreed to in writing by the principals of both parties.” II. All other terms and conditions of the January 19, 2021, Consultant Services Agreement remain unchanged. IN WITNESS WHEREOF, Perteet Consulting, Inc., and the City of Moses Lake execute this Agreement, which shall become effective December 31, 2021. CITY OF MOSES LAKE, WASHINGTON PERTEET, INC. __________________________ __________________________ Allison Williams, City Manager Crystal L. Donner, President APPROVED AS TO FORM: __________________________________ Katherine Kenison, City Attorney Moses Lake Council Packet 12-14-21, Page 35 of 200 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: December 9, 2021 Proceeding Type: Consent Agenda Subject: 2022-2024 Overhead Doors Service & Repairs Contract Legislative History: • First Presentation: December 14, 2021 • Second Presentation: • Action: Motion Overview: The City currently has sixty-four (64) overhead garage doors for various municipal facilities. Service and maintenance provide reliability for large overhead doors and reduces failures and costly repairs over time. On November 17, 2021, staff opened bids for the 2022-2024 Overhead Doors contract. The project includes inspection, service, and maintenance on the City’s sixty-four (64) overhead garage doors and provides for additional repair when added by the City and agreed to by the contractor. The term of the contract is from January 1, 2022, through December 31, 2024. Bid Summary: The City requested bids from eighty-nine (89) contractors on MRSC rosters and received one (1) bid for the work, from Pape' Material Handling, Inc., in the amount of $14,275.20/year. PUBLIC WORKS EXAMPLE OVERHEAD DOORS Moses Lake Council Packet 12-14-21, Page 36 of 200 Page 2 of 2 Fiscal and Policy Implications: This bid is a unit-price bid that is based on work that would typically be required per year and allows for emergency repairs as needed. The total contract for three years is limited to $100,000, to allow for major repairs if needed during the term of the contract; but all work is based on unit prices in the base bid. The Engineer estimated this cost at $25,000.00/year, based on historical contracts with the City. The project will require budgeted funds to be spent. Attachment: A. PAPE’ Material Handling Contract Finance Committee Review: N/A Legal Review: N/A Options: • Award the 2022-2024 Overhead Doors contract. Staff will move forward with executing a contract with the sole bidder to complete work as directed by the City. • Take no action The City will not have a contractor available for regular service and maintenance on our overhead doors and will need to contract out for repairs on a case-by-case basis as needed. Action Requested: Staff recommends awarding the 2022-2024 Overhead Doors contract to Pape' Material Handling, Inc. in the amount of $14,275.20/year, not to exceed $100,000 for the three-year term of the contract. The actual cost, up to $100,000, will depend on the actual work/repairs directed by the City between January 1, 2022, and December 31, 2024. Moses Lake Council Packet 12-14-21, Page 37 of 200 CITY OF MOSES LAKEMUNICIPAL SERVICES DEPARTMENTBUILDING MAINTENANCE DIVISIONREQUEST FOR BIDS2022-2024 Overhead DoorsUnit Price Contract No. 528.2022.01Bid Submittal DeadlineNovember 17, 2021; 2:00 p.m.MICHAEL G. MORO, PE MT \J TONY MASSAPublic Works Division Director \J Building Maintenance Manager2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 1/36Moses Lake Council Packet 12-14-21, Page 38 of 200 NOTICE TO CONTRACTOR2022-2024 Overhead DoorsMoses Lake, WashingtonSealed bids will be received until November 17, 2021; 2:00 p.m., for the above named unitpriced Contract. All bids shall be mailed or hand delivered with 2022-2024 Overhead Doorsmarked plainly thereon.To receive Request for Quotes for this project, please email publicworksadmm@cityofml.com.Please submit sealed bids to one of the following:Mail To: Drop off:City of Moses Lake City of Moses LakePublic Works Public WorksPC Box 1579 11789 Road 4 NE (Do Not Mail To This Address)Moses Lake, WA 98837 Moses Lake, WA 98837Contact person: Tony MassaBuilding Maintenance Manager509.764.3990 (office) or 509.750.4498 (cell)• PROJECT DESCRIPTION: The work shall include inspection, and maintenance onexisting overhead doors: lube rollers, springs, and bearings; fill oil in gear drives for theoperator; chains and bushings on the operator; rollers and hinges, replacing and adjustingas necessary; cables. The work shall also include removal and replacement of springs,shafts, and cable drums. Additional repairs may be included as agreed to between theCity and Contractor.Estimated project cost is $25,000/year not to exceed $100,000.00 for the 3-year term of thecontract, including taxes.The Contractor is aware that all work is per prevailing wages.The work to be performed is a Public Works project and requires the Contractor to payprevailing wages and submit intents and affidavits to the State. The Contractor shall provideproof of insurance, in accordance with the insurance requirements provided in the contractdocuments. The City reserves the right to reject any or all bids if such action is in the bestinterest of the City. Subcontractors are not authorized. No minimum volume of work isguaranteed by this Contract.2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 2/36Moses Lake Council Packet 12-14-21, Page 39 of 200 CHECKLISTThe following checked items are included in this bid 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 (2 pages)X Contract (7 pages)X Washington Payment Bond (3 pages)X Washington Performance Bond (3 pages)X Certification of Compliance with Wage Payment Statutes (I page)X Contractor's Declaration of Intent (1 page)X General Requirements (4 pages)X Exhibit A: Insurance Requirements (4 pages)X Exhibit B: Contractor's Agreement to Pay Prevailing Wage Rates (2 pages)X Special Provisions (4 pages)X Appendix A: Locations (7 pages)X Appendix B: Maps (6 pages)2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 3/36Moses Lake Council Packet 12-14-21, Page 40 of 200 NON-COLLUSION DECLARATIONBy signing the proposal, I hereby declare, under penalty of peijury under the laws of the State ofWashington, 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 inany collusion, or otherwise taken any action in restraint of free competitivebidding 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 signedand have agreed to the provisions of this declaration.NOTICE TO ALL BIDDERSTo report bid rigging activities call:1-800-424-9071The 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. Anyonewith knowledge of possible bid rigging, bidder collusion, or other fraudulentactivities should use the "hotline" to report such activities.The "hotline" is part of USDOT's continuing effort to identify and investigatehighway construction contract fraud and abuse and is operated under the directionof the USDOT Inspector General. All information will be treated confidentiallyand caller anonymity will be respected,from DOT form 272-036H, Revised 10/942022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 4/36Moses Lake Council Packet 12-14-21, Page 41 of 200 INDEMNIFICATIONAND WAIVERACKNOWLEDGMENTINDEMNIFICATIONBy signing this proposal, I hereby declare under penalty of perjury under the laws of the State ofWashington, that I have read Standard Specification 1-07.14 as amended by the Special Provisions andhereby declare and agree to be bound by the indemnification contained therein including the industrialinsurance immunity waiver.I also agree that these provisions were mutually negotiated between the parties in the competitive biddingprocess 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 provisionsof this declaration.WAIVERBy submitting a bid, I agree to waive all claims that I have or may have against the Owner, the Architect, theEngineer, and their respective employees, arising out of or in connection with the administration, evaluation,or recommendation of bids.2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 5/36Moses Lake Council Packet 12-14-21, Page 42 of 200 Moses Lake Council Packet 12-14-21, Page 43 of 200 Moses Lake Council Packet 12-14-21, Page 44 of 200 CITY OF MOSES LAKECONTRACT(under $65,000)Project: 2022-2024 Overhead DoorsUnit Price Contract No. 528.2022.01Page 1 of 71. Parties and Date: This contract is entered into at Moses Lake, Washington on byand between the City of Moses Lake a municipal corporation, and , a, herein the Contractor:2. Agreement: In consideration of the terms and conditions contained herein and those conditions,specifications, and terms attached and made a part of this agreement, the parties covenant and agree asfollows:2.1 The Contractor shall obtain all required permits and shall do all work and furnish all materials,tools, and equipment for the 2022-2024 Overhead Doors in accordance with and as describedin the plans and specifications furnished by the City of Moses Lake. The Contractor shallperform any alterations in or additions to the work provided under this contract and every partthereof.2.2 Work shall start on or after a written work order is issued by the City emd shall be completedwithin the time frame written on that work order.2.3 The City of Moses Lake shall pay the Contractor for the performance of this contract subjectto any additions or deductions provided for herein, in the amount of($ ), per year, not to exceed One Hundred Thousand Dollars ($100.00.00).for the 3-year term of the contract, including taxes.2.4 The City of Moses Lake and Contractor^ recognize that time is of the essence of this contractand the city will suffer significant loss if the contract is not completed and the facilities are notfully usable for their intended purpose within the time specified in paragraph 2.3 above.Therefore, if the work is not completed within the time specified, the Contractor acknowledgesthat failure to complete the work within that time shall constitute a material breach under thecontract entitling the City to terminate and reserving to City all rights to make any claim foractual damages as a result of such failure and termination. City and Contractor furtheracknowledge that even a minimal delay in the project completion can result in significant2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 8/36Moses Lake Council Packet 12-14-21, Page 45 of 200 Project: 2022-2024 Overhead DoorsUnit Price Contract No. 528.2022.01Page 2 of 7liability to City and hence any unapproved delay shall constitute a material breach entitlingCity to its available remedies at law. Upon termination for delay, the Contractor is not entitledto further payment until the work is finished. If the costs to the City in completing the workexceed the unpaid balance, the Contractor shall pay the difference to the City.2.5 The City of Moses Lake and Contractor recognize that time is of the essence of this contractand the city will suffer financial loss if the work is not completed within the time specified inparagraph 2.3 above. They also recognize the inconvenience, expense and difficulties involvedin a legal proceeding to prove the actual loss suffered by the City if the work is not completedwithin the time allowed in the Contract. Accordingly, the City and the Contractor agree that asliquidated 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 thespecified time, as liquidated damages.2.6 The City of Moses Lake promises and agrees with the Contractor to employ and does employthe Contractor to provide the materials and to do and cause to be done, work described aboveand to complete and finish the same according to the plans and specifications attached heretoas Exhibit 1 and the terms and conditions contained herein and contracts to pay for the sameaccording to the specifications and the proposal attached hereto, at the time and in the mannerand upon the conditions provided for in this contract.2.7 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 theContractor.2.8 It is further agreed that no liability shall attach to the City of Moses Lake by reason of enteringinto this contract, except as expressly provided herein.2.9 The Contractor understands that this Project is subject to Washington state laws governingpublic works contracts and payment of prevailing wages 2ind shall comply with any and all lawsgoverning public works contracts and projects and payment of prevailing wages. It shall beContractor's sole responsibility to determine the prevailing wage amount for each employeeand to insure payment thereof.3. Contractor's Representations: In order to induce the City of Moses Lake to enter into this Contract,Contractor makes the following representations:Project: 2022-2024 Overhead Doors2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 9/36Moses Lake Council Packet 12-14-21, Page 46 of 200 Unit Price Contract No. 528.2022.01Page 3 of73.1 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 latentphysical conditions at the site or otherwise affecting cost, progress, or performance of the Workwhich 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 andcarefully 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 thesubsurface 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 theperformance or furnishing of the Work at the Contract Price, within the Contract Time and inaccordance with the other terms and conditions of the Contract Documents; and no additionalexaminations, investigations, exploration, tests, reports, studies or similar information or dataare or will be required by Contractor for such purposes.3.4 Contractor has reviewed and checked all information and data shown or indicated on theContract Documents with respect to existing Underground Facilities at or contiguous to the siteand assumes responsibility for the accurate location of said Underground Facilities. Noadditional examinations, investigations, explorations, tests, reports, studies or similarinformation or data in respect of said Underground Facilities are or will be required byContractor in order to perform and furnish the Work at the Contract Price, within the ContractTime and in accordance with the other terms and conditions of the Contract Documents.3.5 Contractor has correlated the results of all such observations, examinations, investigations,tests, reports, and data with the terms and conditions of the Contract Documents.3.6 Contractor has given Engineer written notice of all conflicts, errors, or discrepancies that hehas discovered in the Contract Documents and the written resolution thereof by Engineer isacceptable to Contractor.4. Miscellaneous provisions:4.1 Contractor shall comply with all requirements contained in the attached Exhibits A-B regardinginsurance, indemnification, and payment of prevailing wages. The provisions of Exhibits A-B2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 10/36Moses Lake Council Packet 12-14-21, Page 47 of 200 Project: 2022-2024 Overhead DoorsUnit Price Contract No. 528.2022.01Page 4 of 7are 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 willbe 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 duemay not be assigned without such consent (except to the extent that the effect of this restrictionmay be limited by law), and unless specifically stated to the contrary in any written consent toan assignment, no assignment will release or discharge the assignor from any duty orresponsibility under the Contract Documents.4.3 City and Contractor each binds himself, his partners, successors, assigns, and legalrepresentatives to the other party hereto, its partners, successors, assigns, and legalrepresentatives in respect to all covenants, contracts, and obligations contained in the ContractDocuments.4.4 The Contractor warrants that the Work furnished shall be free from defects resulting from faultyworkmanship, and further warrants that the Work complies with all specified performancecriteria. The Contractor agrees to remedy all defects appearing in the Work or developing inthe materials supplied and the workmanship performed under this Contract during the warrantyperiod, which shall be two years after date of final acceptance of the Work by the City, andContractor further agrees to indemnify and save the City harmless from any costs encounteredin remedying such defects.A new warranty period equal to that stated in the above paragraph shall apply to parts suppliedin replacement of defective parts or to parts renewed in pursuance of this warranty. Thewarranty period of the remaining parts shall be extended by a period equal to the period duringwhich the Work is unfit for service as a result of a defect covered by this warranty.If Contractor refuses to fulfill Contractor's obligation under this warranty, or fails to proceedwith due diligence after being required to do so, the City may proceed to do the necessary workat the Contractor's risk and expense.4.5 It is further provided that no liability shall attach to the City by reason of entering into thiscontract except as expressly provided herein.4.6 Before any work at the site is started. Contractor shall deliver to City with copies to the Engineerand each additional insured identified, certificates of insurance which Contractor is required topurchase and maintain in accordance with the Contract Documents.2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 11/36Moses Lake Council Packet 12-14-21, Page 48 of 200 Project: 2022-2024 Overhead DoorsUnit Price Contract No. 528.2022.01Page 5 of74.7 The Contractor shall furnish payment and performance bond in an amount equal to the contractprice as security for the faithful performance and payment of all Contractor's obligations underthe Contract Documents. The bond shall remain in effect at least until one year after the date offinal payment, except as otherwise provided by law. The bond shall be in the form prescribedherein and be executed such sureties as are licensed to conduct business in the State ofWashington, and are named in the current list of "companies Holding Certificates of authorityas Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring companies" aspublished in circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. TreasuryDepartment. All bonds signed by an agent must be accompanied by a certified copy of authorityto act. The surety company executing bonds shall have a Best's Guide rating A-Vll or better.Date on the bond must not be prior to the date of the Contract. If Contractor is Partnership, allpartners shall execute the bond. If Contractor is a Limited Liability Company, all membersshall execute the bond. ENCLOSED BOND FORM MUST BE USED.4.7A On projects less than sixty-five thousand dollars ($65,000.00), the City will accept theContractor's request to withhold 10 percent retainage in lieu of bonds. For projects less than$10,000.00, the City waives the requirement of bonds, retainage, and liquidated damages.4.8 The Contract is made with reference to and shall be construed in accordance with the laws ofthe State of Washington. If a dispute arises under this Contract, resort shall be to litigation andjurisdiction and venue shall be in the Superior Court of Grant County, State of Washington.5. Claims Procedure5.1 If the parties fail to reach agreement on the terms of any Change Order for City-directed Work,or on the resolution of any request for an equitable adjustment in the Contract Sum or theContract Time, Contractor's only remedy shall be to file a Claim with City as provided in thisSection.5.2 Contractor shall file its Claim within the earlier of 30 days from City's final offer or the date ofCompletion. Any Claim shall be personally delivered to the City and shall be deemed filed onthe date it is personally delivered to the Owner at the following address:City of Moses LakePublic Works Administration Office11789 Road4NEMoses Lake, WA 98837Moses Lake Council Packet 12-14-21, Page 49 of 200 Project: 2022-2024 Overhead DoorsUnit Price Contract No. 528.2022.01Page 6 of 75.3 The Claim shall be deemed to cover all changes in cost (including direct, indirect, impact, andconsequential) and time to which Contractor may be entitled. It shall be fully substantiatedand documented. At a minimum, the Claim shall contain the following information:a. A detailed factual statement of the Claim for additional compensation and time, if any,providing all necessary dates, locations, and items of Work affected by the Claim;b. The date on which facts arose that gave rise to the Claim;c. The name of each employee of City and Contractor knowledgeable about the Claim;d. The specific provisions of the Contract Documents which support the Claim;e. The identification of any documents and the substance of any oral communications thatsupport the Claim;f. Copies of any identified documents, other than the Contract Documents, that supportthe Claim;g. If an adjustment in the Contract Time is sought: the specific days and dates for which itis sought; the specific reasons Contractor believes an extension in the Contract Timeshould be granted;h. If an adjustment in the Contract Sum is sought, the exact amount sought and abreakdown of that amount into the categories set forth in, and in the required detail; andi. A statement certifying, under penalty of peijury, that the Claim is made in good faith,that the supporting cost and pricing data are true and accurate to the best of Contractor'sknowledge and belief, that the Claim is fully supported by the accompanying data, andthat the amount requested accurately reflects the adjustment in the Contract Sum orContract Time for which Contractor believes the City is liable.5.4 After Contractor has submitted a fully documented Claim that complies with all applicableprovisions of this Contract, the City shall respond in writing to Contractor.5.5 To assist in the review of Contractor's Claim, the City may visit the Project site, or requestadditional information, in order to fully evaluate the issues raised by the Claim. Contractor shallproceed with performance of the Work pending final resolution of any Claim. The City's writtendecision as set forth above shall be final and conclusive as to all matters set forth in the Claim.2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 13/36Moses Lake Council Packet 12-14-21, Page 50 of 200 Project: 2022-2024 Overhead DoorsUnit Price Contract No. 528.2022.01Page 7 of 75.6 Any Claim of the Contractor against the City for damages, additional compensation, oradditional time, shall be conclusively deemed to have been waived by the Contractor unlesstimely made in accordance with the requirements of this Section.Execution: Executed the day and year written above.CITY OF MOSES LAKE. WASHINGTONMunicipality ContractorAllison Williams, City Manager Signature and TitleDate Typed Name and TitleAPPROVED AS TO FORM:Katherine Kenison, City Attorney2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 14/36Moses Lake Council Packet 12-14-21, Page 51 of 200 WASHINGTON PAYMENT BONDUnit Price Contract No. 528.2022.01 Bond No.Bond Amount $KNOW ALL MEN BY THESE PRESENTS: that(Name of Contractor)(Corporation, Partnership or Individual)and(Address of Contractor), hereinafter called Principal,(Name of Surety)(Address of Surety)a corporation duly authorized to do a general surety business in Washington, hereinafter called Surety, arejointly and severally held £ind firmly bound unto the Owner, , and the State ofWashington, the obligees herein, in the sum of (Dollars)($ ) in lawful money of the United States, for the payment of which sum well and trulyto be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly andseverally, firmly by these presents.THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contractwith the Owner in accordance with applicable industry standards, regulatory requirements and Owner-suppliedspecifications dated the day of , 20 , a copy of which is attached and madea part hereof for the construction of:2022-2024 Overhead DoorsNOW, THEREFORE, if the Principal shall promptly make payment to all laborers, mechanics, andsubcontractors and materialmen and to all persons, firms, corporations, or other entities who furnishequipment, materials, provisions and supplies for or perform labor or other services in carrying on of suchWork provided for in such Contract and any authorized extension or modification thereof, including allamounts due for materials, lubricants, provisions, supplies, gasoline, water, power, light, heat, telephoneservice, repairs on machinery, equipment and tools consumed or used in connection with such Work, and allinsurance premiums on said Work, and for all labor performed in such Work whether by subcontractors or2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 15/36Moses Lake Council Packet 12-14-21, Page 52 of 200 otherwise, then this obligation shall be void; otherwise to remain in full force and effect.PROVIDED, HOWEVER, that the conditions of this obligation shall not apply to any money loaned oradvanced to the Principal or to any subcontractor or other person in the performance of any such work.PROVIDED FURTHER that the said Surety, for value received, hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder,or the Contract Documents accompanying the same, shall in any way affect its obligation on this bond, and itdoes hereby waive notice of such change, extension of time, alteration or addition to the terms of the Contractor to the Work or to the Contract Documents.PROVIDED, FURTHER, that the said Surety hereby stipulates and agrees to be bound by the laws of the Stateof Washington and subject to the jurisdiction of the State of Washington.PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge theright of any beneficiary hereunder, whose claim may be unsatisfied.IN WITNESS WHEREOF, this instrument is executed pursuant to RCW Chapter 39.08 incounterparts, each one of which shall be deemed an original, this the(number)day of , 20 .PRINCIPAL: SURETY:(Signature must be notarized) (Signature must be notarized)By: By:Print: Print:Title:APPROVED AS TO FORM BY CITY ATTORNEY:By:Date:NOTE: Date of bond must not be prior to date of Contract. If Contractor is Partnership, all partners shouldexecute bond. If Contractor is a Limited Liability Company, all members, or managers if manager-managed,should execute bond.IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most currentlist (Circular 570 as amended) and be authorized to transact business in the state where the project is located.All bonds signed bv an agent must be accompanied bv a certified copv of the authoritv to act for the Suretv atthe time of the signing of this bond. The Suretv agrees to be bound bv the laws of the State of Washington andsubject to the jurisdiction of the State of Washington. The Surety company executing this bond shall have aBest's Guide rating A-VII or better. All signatures on bond must be original.2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 16/36Moses Lake Council Packet 12-14-21, Page 53 of 200 STATE OF WASHINGTON )) ss.COUNTY OF GRANT )I certify that I know or have satisfactory evidence that is the person whoappeared before me and said person acknowledged that s/he signed this instrument, on oath stated that s/hewas authorized to execute the instrument and acknowledged it as of PRINCIPAL.and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in thisinstrument.DATED: , 20Noiaiy Type or Print NameNotary Public for State of Washington, residingat:My commission expires:STATE OF WASHINGTON )) ss.COUNTY OF GRANT )I certify that I know or have satisfactory evidence that is the person whoappeared before me and said person acknowledged that s/he signed this instrument, on oath stated that s/hewas authorized to execute the instrument and acknowledged it as of SURETY,and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in thisinstrument.DATED: , 20 .Notary Type or Print NameNotary Public for State of Washington, residingat:My commission expires:2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 17/36Moses Lake Council Packet 12-14-21, Page 54 of 200 WASHINGTON PERFORMANCE BONDUnit Price Contract No. 528.2022.01 Bond No. _Bond Amount $KNOW ALL MEN BY THESE PRESENTS: that(Name of Contractor)(a Corporation, Partnership or Individual)and(Address of Contractor), hereinafter called Principal,(Name of Surety)(Address of Surety)a corporation duly authorized to do a general surety business in Washington, hereinafter called Surety, arejointly and severally held and firmly bound unto the Owner, , andthe State of Washington, the obligees herein, in the sum of(Dollars)($ ) in lawful money of the United States, for the payment of which sum well and trulyto be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly andseverally, firmly by these presents.THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contractwith the Owner in accordance with applicable industry standards, regulatory requirements and Owner-suppliedspecifications, dated the day of , 20 , a copy of which is attached andmade a part hereof for the construction of:2022-2024 Overhead DoorsNOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings,covenants, terms, conditions, and agreements of said Contract during the original term thereof, and anyextensions thereof which may be granted by the Owner, with or without notice to the Surety and during thetwo-year guaranty period, and if Principal shall satisfy all claims and demands incurred under such Contract,and shall fully defend and indemnify and save harmless the Owner from all costs and damages which it maysuffer by reason of failure to do so, and shall reimburse and repay all outlay and expense which the Owner2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 18/36Moses Lake Council Packet 12-14-21, Page 55 of 200 may incur in making good any default, then this obligation shall be void; otherwise to remain in fiill force andeffect. PROVIDED, FURTHER that the said Surety, for value received, hereby stipulates and agrees that nochange, extension of time, alteration or addition to the terms of the Contract or to the Work to be performedthereunder or the Contract Documents accompanying the same shall in any way effect its obligation on thisbond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the termsof the Contract or to the Work or to the Contract Documents.PROVIDED, HOWEVER, that the conditions of this obligation shall not apply to any money loaned oradvanced to the Principal or to any subcontractor or other person in the performance of any such work.PROVIDED, FURTHER, that the said Surety hereby stipulates and agrees to be bound by the laws of the Stateof Washington and subject to the jurisdiction of the State of Washington.PROVIDED, FURTHER, that no final settlement between the Owner and the Principal shall abridge the rightof any beneficiary hereunder, whose claim may be unsatisfied.No right of action shall accrue upon, or by reason hereof to, or for the use or benefit of, anyone other than theOwner.IN WITNESS WHEREOF, this instrument is executed pursuant to RCW Chapter 39.08 incoimterparts, each one of which shall be deemed an original, this the(number)day of , 20 .PRINCIPAL: SURETY:(Signature must be notarized) (Signature must be notarized)By: By:Print: Print:Title:APPROVED AS TO FORM BY CITY ATTORNEY:By:Date:NOTE: Date of bond must not be prior to date of Contract. If Contractor is Partnership, all partners shouldexecute bond. If Contractor is a Limited Liability Company, all members, or managers if manager-managed,should execute bond.IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most currentlist (Circular 570 as amended) and be authorized to transact business in the state where the project is located.All bonds signed bv an agent must be accompanied bv a certified copv of the authoritv to act for the Surety atthe time of the signing of this bond. The Surety agrees to be bound bv the laws of the State of Washington andsubject to the jurisdiction of the State of Washington. The Surety company executing this bond shall have a2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 19/36Moses Lake Council Packet 12-14-21, Page 56 of 200 Best's Guide rating A-VII or better. All signatures on bond must be original.STATE OF WASHINGTONCOUNTY OF GRANTss.)I certify that I know or have satisfactory evidence thatis the person whoappeared before me and said person acknowledged that s/he signed this instrument, on oath stated that s/hewas authorized to execute the instrument and acknowledged it as of PRINCIPAIand acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in thisinstrument.DATED:20Notary Type or Print NameNotary Public for State of Washington, residingat:My commission expires:STATE OF WASHINGTONCOUNTY OF GRANTss.I certify that I know or have satisfactory evidence that is the person whoappeared before me and said person acknowledged that s/he signed this instrument, on oath stated that s/hewas authorized to execute the instrument and acknowledged it as of SURETY,and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in thisinstrument.DATED:20Notary Type or Print NameNotary Public for State of Washington, residingat:Mycommissionexpires:2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01Page 20/36Moses Lake Council Packet 12-14-21, Page 57 of 200 CERTIFICATION OF COMPLIANCE WITH WAGEPAYMENT STATUTESThe bidder hereby certifies that, within the three-year period immediately preceding the bid solicitationdate November 17, 2021, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of anyprovision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation andnotice of assessment issued by the Department of Labor and Industries or through a civil judgmententered 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 trueand correct.Bidder's Business NameSignature of Authorized Official*Printed NameTitleDateCityStateCheck One:Sole Proprietorship □ Partnership □ Joint Venture D 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 he executed in the corporate name by the president or vice-president (or anyother corporate officer accompanied by evidence ofauthority to sign). If a co-partnership, proposal must beexecuted by a partner.2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01Moses Lake Council Packet 12-14-21, Page 58 of 200 CONTRACTOR'S DECLARATION OF INTENTCITY OF MOSES LAKE2022-2024 Overhead DoorsContract No.; 528.2022.01Contractor:Pursuant to RCW 60.28.010, all Contractors are required to exercise their option in writing prior to the firstpayment, to have retainage monies:(1) Retained in a fund by the public body.I hereby REQUEST that retainage on the above contract be placed in a non-interest-bearing accountand have signed that agreement below.(2) Deposited by the public body in an interest bearing account.I hereby REQUEST that retainage on the above contract be placed in an interest bearing account andhave signed that agreement below.(3) Placed in escrow with a bank or trust company by the public body.I hereby REQUEST that retainage on the above contract be placed in escrow and have signed thatagreement.(4) Paid to them and submit a bond for all or any portion of the amount of funds retained by thepublic body in a form acceptable to the City.I hereby REQUEST a bond in lieu of retainage on the above contract and have signed that agreement.In the event that it is desired to place retained monies in escrow, it will be necessary that the Contractor enterinto an escrow agreement with the city-named bank. That agreement shall be executed on forms furnishedby the City. The escrow agreement must be completed and approved prior to any monies being placed inescrow.Signature and Title2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01Moses Lake Council Packet 12-14-21, Page 59 of 200 GENERAL REQUIREMENTSAll Work shall be in accordance with the 2020 Community Street and Utility Standards, which standardsadopt and revise the 2020 Washington State Department of Transportation Standard SpecificaUons for Road,Bridge, and Municipal Construction. The General Provisions and Special Provisions within this request forbids are amendments to the 2020 Community Street and Utility Standards.1.0 DELIVERY OF BIDThe Contractor's Bid shall be submitted to the City either by mail or hand delivery to the address listedbelow no later than November 17, 2021; 2:00 p.m. Mailed or hand delivered bids shall be plainly markedwith 2022-2024 Overhead Doors.Mail to: Dropoff:City of Moses Lake City of Moses LakePublic Works Public Works Administration OfficePO Box 1579 11789 Road 4 NEMoses Lake, WA 98837 Moses Lake, Washington2.0 INTERPRETATIONNo oral interpretations will be made to any bidder 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 bidders.3.0 REJECTION OF BIDThe City reserves the right to reject any or all bids if such action is in the best interest of the City.4.0 BASIS FOR AWARDThe proposal is based on a typical work order and Contract award will be based on all information containedin the bid as well as the unit price and materials being offered. In order to be considered responsive, the bidshall be completed in all respects. The City will evaluate all bids and will determine the Contractor that willbe in the best interest of the City.5.0 SIGNATURE AND ELIGIBILITYThe prices for work and names and addresses of the Bidder(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 STANDARDSThe Contractor shall comply with all applicable local and state codes and standards. Where conflicts2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 23/36Moses Lake Council Packet 12-14-21, Page 60 of 200 exist from one code to another, the more stringent shall apply.7.0 LICENSE AND PERMITSThe Contractor shall have a current City of Moses Lake Business License.8.0 CONDITIONS OF AWARDA. Proposal: The Contractor shall satisfy the following requirements before a bid will beAwarded to them. The information shall be provided on the Proposal form.1. The Contractor is a licensed, bonded, and registered Contractor in Washington State. Thisitem only for Public Works Contracts.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.4. Registered as a construction Contractor with the Washington State Department of Labor andIndustries (L&I) and has active status, when applicable.5. Current workers' comp premiums and current Contractor registration with L&I.C. Within 10 working days after the notification of award, the following forms shall be provided tothe City.1. Signed Contract. The signature on the Contract shall be from a governing person of thecompany, as registered with the Office of the Secretary of State, with the exception ofcompanies with one governing person. If not listed as a governing person, acceptable formsof signing authority include: corporate resolution, corporation bylaws, or operatingagreement that indicates signing authority. The Contract will not be executed by the Cityuntil proof of signing authority is accepted by the City.2. Performance and Payment Bonds. On projects less than $65,000, the City may accept aContractor's request to withhold 10 percent retainage in lieu of bonds; and on projects lessthan $10,000, the City waives bonds and retainage: provided a 1-year warranty on the workis not waived by the Contractor.3. Proof of Insurance, including a copy of all required endorsements. All certificates andendorsements for this contract shall include the contract name and number; and referenceThe City of Moses Lake Public Works Division.4. Contractor's Declaration of Intent.2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 24/36Moses Lake Council Packet 12-14-21, Page 61 of 200 9.0 SUBCONTRACTORSSubcontractors are not authorized.10.0 NOTICE TO PROCEEDAfter a work order is given by the City, the Contractor shall order all materials and equipment required tocomplete the work order. The City and Contractor shall then set a schedule for the work. All work shall becompleted within the time included on a task order for the work.11.0 HOURS OF WORKExcept in the case of emergency, or as approved by the City Council, the project working hours shall bebetween 7:30 a.m. and 6:00 p.m. of a working day. The Contractor shall provide a schedule of the hours tobe worked, and shall notify the Public Works Division Director of all changes to the schedule as workprogresses. Working days are Monday through Friday, and do not include the following holidays:January 1The third Monday of JanuaryThe third Monday of FebruaryMemorial DayJuly 4^Labor DayNovember 11Thanksgiving DayThe day after ThanksgivingChristmas DayWhen 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 daysbetween December 25 and January 1 will be classified as nonworking days.12.0 REPAIR OF DAMAGEThe Contractor is responsible for all damages to adjacent improvements that are caused by theContractor's actions. The Contractor shall repair or replace all damaged improvements at no cost to theCity.13.0 ACCEPTANCE OF WORKThe work will be accepted by the City after all of the following events have occurred:A. The work is substantially completed.B. The Public Works Division Director has inspected and approved the work.C. The Municipal Services Director has accepted the project.2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 25/36Moses Lake Council Packet 12-14-21, Page 62 of 200 14.0 PAYMENTA. The City shall receive an approved copy of the "Intent to Pay Prevailing Wages"from the L&I prior to making any payment to the Contractor for the work on an annual basis,January 1 to December 31. The prevailing wage rates may be reviewed at the following URL:www.Drevailingwage.lni.wa.gov. and are also available for review at the Public WorksAdministration Office at 11789 Road 4 NE, Moses Lake,Washington. Prevailing wages for allwork performed pursuant to each work order must be prevailing wage rates in effect at thebeginning date for each contract year.The City will make payment to the Contractor, less retainage, after the work for each work orderis accepted by the City, the City receives an approved copy of the "Intent to Pay PrevailingWages" from the Contractor annually, from January 1 to December 31, and the Contractor hasprovided an invoice for the completed work.B. The City will process the release of retainage for each work order after the following eventshave occurred:1. The 60-day lien period has ended, which begins on the day of acceptance of the work orderby the City.2. The City has received an approved copy of the "Affidavit of Wages Paid" from L&I forthe Contractor annually, from January 1 to December 31 of each year.2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 26/36Moses Lake Council Packet 12-14-21, Page 63 of 200 INSURANCE REQUIREMENTSEXHIBIT AIndemnification / Hold HarmlessThe Contractor shall defend, indemnify and hold the Owner and its officers, officials, employees andvolunteers 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 damagescaused 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, inthe event of liability for damages arising out of bodily injury to persons or damages to property caused by orresulting 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 theContractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of thisindemnification. This waiver has been mutually negotiated by the parties. The provisions of this sectionshall survive the expiration or termination of this Agreement.A. Insurance TermThe Contractor shall procure and maintain insurance, as required in this Section, without interruption fromcommencement of the Contractor's work through the term of the contract and for thirty (30) days after thePhysical Completion date, unless otherwise indicated herein.B. No LimitationContractor's maintenance of insurance, its scope of coverage and limits as required herein shall not beconstrued to limit the liability of the Contractor to the coverage provided by such insurance, or otherwiselimit the Owner's recourse to any remedy available at law or in equity.C. Minimum Scope of InsuranceContractors required insurance shall be of the types and coverage as stated below:1. Automobile Liability insurance covering all owned, non-ovmed, hired and leased vehicles. Coverageshall 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 CO 00 01and shall cover liability arising from premises, operations, stop gap liability, independent contractors,products-completed operations, personal injury and advertising injury, and liability assumed under aninsured contract. The Commercial General Liability insurance shall be endorsed to provide a per projectgeneral aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be noexclusion for liability arising from explosion, collapse or underground property damage. The Owner shallbe named as additional insureds under the Contractor's Commercial General Liability insurance policy with2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 27/36Moses Lake Council Packet 12-14-21, Page 64 of 200 respect to the work performed for the Owner using ISO Additional Insured endorsement CG 20 10 1001 andAdditional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsementsproviding at least as broad coverage.3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State ofWashington.4. Builders Risk insurance covering interests of the Owner, the Contractor, Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on a special perils policy form and shall insureagainst the perils of fire and extended coverage and physical loss or damage including flood, earthquake,theft, vandalism, malicious mischief, and collapse. The Builders Risk insurance shall include coverage fortemporary buildings, debris removal, and damage to materials in transit or stored off-site. This BuildersRisk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be theresponsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by theOwner upon written request by the Contractor and written acceptance by the Owner. Any increaseddeductibles accepted by the Owner will remain the responsibility of the Contractor. The Builders Riskinsurance shall be maintained until the Owner has granted substantial completion of the project.5. Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as theContractor's Commercial General Liability and Automobile Liability insurance. The Owner shall be namedas additional insureds on the Contractor's Excess or Umbrella Liability insurance policy. The Excess orUmbrella insurance coverage will drop down when underlying policy aggregate limits are exhausted.D. Minimum Amounts of InsuranceContractor shall maintain the following insurance limits:1. Automobile Liability insurance with a minimum combined single limit for bodily injury and propertydamage of $1,000,000 per accident.2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 eachoccurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit.3. Builders Risk insurance shall be written in the amount of the completed value of the project with nocoinsurance provisions.4. Excess or Umbrella Liability insurance shall be written with limits of not less than $2,000,000 orother per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may besatisfied 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 LimitsIf the Contractor maintains higher insurance limits than the minimums shown above, the Owner shall beinsured for the full available limits of Commercial General and Excess or Umbrella liability maintained bythe Contractor, irrespective of whether such limits maintained by the Contractor are greater than those2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 28/36Moses Lake Council Packet 12-14-21, Page 65 of 200 required by this contract or whether any certificate of insurance furnished to the Owner evidences limits ofliability lower than those maintained by the Contractor.F. Other Insurance ProvisionThe Contractor's Automobile Liability, Commercial General Liability and Builders Risk insurance policiesare to contain, or be endorsed to contain that they shall be primary insurance as respect the Owner. AnyInsurance, self-insurance, or self-insured pool coverage maintained by the Owner shall be excess of theContractor's insurance and shall not contribute with it.0. Contractor's Insurance for Other LossesThe Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to anytools. Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by theContractor, or the Contractor's agents, suppliers, contractors or subcontractors as well as to any temporarystructures, scaffolding and protective fences.H. Waiver of SubrogationThe 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 theextent covered by Builders Risk insurance or other property insurance obtained pursuant to the InsuranceRequirements Section of this Contract or other property insurance applicable to the work. The policies shallprovide such waivers by endorsement or otherwise.1. Acceptability of InsurersInsurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII and licensed todo business in the state of Washington.J. Verification of CoverageContractor 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 AutomobileLiability 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 Riskinsurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsementsrelated to this project. Upon request by the Owner, the Contractor shall furnish certified copies of allrequired insurance policies, including endorsements, required in this contract and evidence of allsubcontractors' coverage.K. SubcontractorsThe Contractor shall cause each and every Subcontractor to provide insurance coverage that complies withall applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractorshall have sole responsibility for determining the limits of coverage required to be obtained bySubcontractors. The Contractor shall ensure that the Owner is an additional insured on each and every2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 29/36Moses Lake Council Packet 12-14-21, Page 66 of 200 Subcontractor's Commercial General liability insurance policy using an endorsement at least as broad as ISOAdditional Insured endorsement CO 20 38 04 13.L. Notice of CancellationThe Contractor shall provide the Owner and all Additional Insureds for this work with written notice of anypolicy cancellation within two business days of their receipt of such notice.M. Failure to Maintain InsuranceFailure on the part of the Contractor to maintain the insurance as required shall constitute a material breachof contract, upon which the Owner may, after giving five business days' notice to the Contractor to correctthe breach, immediately terminate the eontract or, at its discretion, procure or renew such insurance and payany and all premiums in connection therewith, with any sums so expended to be repaid to the Owner ondemand, or at the sole discretion of the Owner, offset against funds due the Contractor from the Owner.The Contractor shall indicate any existing claims activity that would affect the aggregate limits. This shallinclude paid claims, reserve claims, and potential claims.N. DeductibleAny insurance deductible shall be paid by the Contractor and shall not be greater than 10% of the total"Amount of Bid."O. Property InsuranceOwner shall not be responsible for purchasing and maintaining any property insurance to protect the interestsof Contractor, subcontractors or others in the Work.2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 30/36Moses Lake Council Packet 12-14-21, Page 67 of 200 CONTRACTOR'S AGREEMENT TO PAY PREVAILINGWAGE RATESEXHIBIT BContractor's Agreement to Pay Prevailing Wage RatesIn accordance with the laws of the State of Washington, Chapter 39.12 RC W, the hourly wage to be paid tolaborers, workmen or mechanics upon all public works of this State and upon the Work contemplated in thisContract shall not be less than the prevailing rate of wage for an hour's work in the same trade or occupationin the locality within the State where such labor and Work herein contemplated is to be performed.All laborers, workmen or mechanics shall be paid not less than the minimum hourly rate of wage asdetermined by the State Industrial Statistician which rates shall be incorporated into this Contract byreference; provided, however, nothing herein contained shall be construed to prohibit the Contractor,subcontractor or other person doing or contracting to do the whole or any part of the Work under thisContract from paying any such laborers, workers or mechanics wages in excess of the hourly minimum rateabove specified.The Contractor, on or before the date of commencement of the Work, shall file a Statement of Intent to PayPrevailing Wages with the Owner and with the Director of Labor and Industries certifying the rate of hourlywage, including fringe benefits, paid and to be paid each classification of laborers, workers, or mechanicsemployed upon the Work by the Contractor or subcontractor which shall be filed in accordance with thepractices and procedures required by the Department of Labor and industries.Wage rates so filed will be checked against prevailing wage rates determined by the Industrial Statistician ofthe Department of Labor and Industries. If the wage rates are correct, the Department will issue anacknowledgment of approval to the Contractor with a copy to the Owner. If any incorrect wage rates areincluded, the Contractor will be notified of the correct rates by the Department, and approval will bewithheld until a correct statement is received.Forms for filing a Statement of Intent are available from the Supervisor of Industrial Relations, Departmentof Labor and Industries, General Administration Building, Olympia, Washington.Each request submitted by the Contractor for a progress payment on a Project estimate shall state that theprevailing wages have been paid in accordance with the prefiled Statement of Intent to pay prevailing wageson file with the Department of Labor and Industries and approved by the Department. Certified wageaffidavit listing all classifications and applicable wages paid will not be required for each progress estimatepayment, other than the above statement.At the conclusion of the Project, the Contractor and its subcontractors shall submit affidavits of wages paidto the Industrial Relations Division, Department of Labor and Industries, General Administration Building,Olympia, Washington, 98504, for certification. Form "Affidavit of Wages paid on Public Works Contract"or a similarly constructed form shall be filed to secure the certification of the Director of the Department ofLabor and Industries of the State of Washington.2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 31/36Moses Lake Council Packet 12-14-21, Page 68 of 200 Final payment on the contract will be withheld until the Owner has received certification by the Director thatthe prevailing wage requirements of the law have been satisfied.The prevailing rate of wages to be paid to all workers, laborers or mechanics employed in the performanceof any part of this Contract shall be in accordance with the provisions of Chapter 39.12 RCW as amended.The rules 2ind regulations of the State of Washington Department of Labor and Industries and the schedule ofprevailing wage rates for the locality or localities where this Contract will be performed as determined by theIndustrial Statistician of the State of Washington Department of Labor and Industries are by reference madea part of this Contract as though fully set forth herein.In as much as the Contractor will be held responsible for paying the prevailing wages, it is imperative that allcontractors familiarize themselves with the current wage rates before submitting proposals based on theseContract Documents.In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and suchdispute carmot be adjusted by the parties of interest, including labor and management representatives, thematter shall be referred for arbitration to the Director of the Department of Labor and Industries of the Stateof Washington, and his decision shall be final and conclusive and binding on all parties involved in thedispute as provided for by RCW 39.12.060 as amended.Current prevailing wage data will be furnished by the Industrial Statistician upon request from the IndustrialRelations Division, Department of Labor and Industries, Olympia, Washington, 98504.The Owner does not guarantee that labor can be procured for the minimum wages in the wage scale. Therates of wages listed are minimum only, below which the Contractor cannot pay, and they do not constitute arepresentation that labor can be procured for the minimum listed. The Contractor shall ascertain the wagesabove the minimum set forth that the Contractor may have to pay. Prevailing wage data as of the datespecified is included herein as Part 5 for the Contractor's reference.2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 32/36Moses Lake Council Packet 12-14-21, Page 69 of 200 SPECIAL PROVISIONSAll work shall be in accordance with the City of Moses Lake 2020 Community Street and Utility Standards,except as revised by the Contract documents and Special Provisions below.1.0 DESCRIPTIONThis is a multi-year contract to start on January 1, 2022, and will expire on December 31, 2024. Thebid for this multiple-year contract will be based on the quantities shown in the proposal, which wouldbe for a typical task order for one year. Actual quantities will be as shown on each Task Orderassigned by the City and agreed to be the contractor.No minimum quantity of work is guaranteed by this proposal, and the City retains the right to quoteand award any or all of the work as a specific project if in the best interest of the City.The work may include service, maintenance, and repairs to existing overhead doors at the followinglocations when included in a task order. Information on each existing door for each location islocated in Appendix A. Maps of the locations are in Appendix B.A. Fire Station No. 1, 701 E. Third Avenue, Moses Lake, WA12 doorsB. Fire Station No. 2, 2401 W. Broadway Avenue, Moses Lake WA4 doorsC. Operations Complex, 11789 Road 4 NE, Moses Lake, WABuilding 1 (Water/Fleet): 12 doorsBuilding 2 (Street/Building Maintenance); 8 doorsBuilding 3 (Parks): 4 doorsBuilding 4 (Combined Storage): 2 doorsBuilding 5 (Police): 4 doorsD. Central Operations Facility (COF), 1303 W. Lakeside Drive, Moses Lake, WA8 doors2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 33/36Moses Lake Council Packet 12-14-21, Page 70 of 200 E. Sand Dunes Wastewater Treatment Plant, 1801 Road K SE4 doorsF. Larson Wastewater Treatment Plant, 6691 Randolph Road NE3 doorsG. Library, 418 E Fifth Avenue2 doorsAdditional doors may be added to the contract as agreed to by the City and the contractor.2.0 MATERIALSWhere the shafts are required to be replaced and upsized, the shafts shall be upsized to 1-1/4 inchdiameter, and all other parts shall be upsized to meet the size requirements for the new shaft.All other materials shall match existing materials, or shall be submitted to the City for review andapproval prior to installation. The City will not provide any materials for completion of this project.3.0 CONSTRUCTION REQUIREMENTSThe work on each overhead door scheduled for inspection and service shall include the followingitems: lube rollers, springs, and bearings; inspect chains and bushings on the chain operator; inspectrollers, hinges, and cables, replacing and adjusting as necessary.For motor-operated overhead doors, the work shall also include the following: check and fill oil ingear drives for the operator; inspect chains and bushings on the operator; inspect and adjust allsafeties on the door.When springs, shaft, and cable drums are included in a task order to be removed and upsized at FireStation No. 1, the work shall include a preliminary inspection by the Contractor to note anyconditions that may require additional services or repairs while the work is being performed.The contractor shall notify the Building Maintenance Manager for any additional repairs required ona door if not specifically included in the item of work. Doors, door rollers, and rails are notspecifically required to be replaced on the items of work within this contract. Additional workrequired beyond the service, maintenance, and repairs specified shall be on a case by case basis asagreed to by the City and the contractor in the form of a written change order.At completion of the work for service, repairs, or replacements, the doors shall be fully functional.2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 34/36Moses Lake Council Packet 12-14-21, Page 71 of 200 4.0 MEASUREMENTMeasurement for "Inspect & Service Manually-Operated Overhead Door" shall be per eachmanually-operated door inspected and serviced in accordance with the contract.Measurement for "Inspect & Service Motor-Operated Overhead Door" shall be per each motor-operated door inspected and serviced in accordeince with the contract.Measurement for "Remove and Upsize Springs, Shaft, Cable Drums" shall be per each overhead doorthat the springs, shaft, and cable drum have been replaced and upsized in accordance with thecontract.Measurement for "Remove and Replace Cable Sets" will be per each set of cables removed andreplaced on an overhead door.Measurement for "Install New Seals on Sides and Bottoms" of overhead doors shall be per lineal footof seal removed and replaced.Task Order Mobilization shall be measured once for each task order issued and agreed to by the City.PAYMENTThe following items will be paid in accordance with the terms of the contract:"Inspect & Service Manually-Operated Overhead Door", per each.The unit contract price per each for "Inspect & Service Manually-Operated Overhead Door" shall befull payment for all labor, materials, and equipment for lubing all rollers, springs, and bearings;inspecting chains and bushings on the chain operator; inspecting rollers, hinges, and cables, replacingas necessary."Inspect & Service Motor-Operated Overhead Door", per each.The unit contract price per each for "Inspect & Service Motor-Operated Overhead Door" shall be fullpayment for all labor, materials, and equipment for lubing all rollers, springs, and bearings; checkingand filling oil in gear drives for the operator, checking chains and bushings on the operator;inspecting and adjusting all safeties on the door; inspecting chains and bushings on the chainoperator; inspecting rollers, hinges, and cables, replacing as necessary."Remove and Upsize Springs, Shaft, Cable Drums", per each.The unit contract price per each for "Remove and Replace Springs, Shaft, and Cable Drums" shall befull payment for all labor, materials, and equipment for pre-inspection; removing the existing springs,shaft, and cable drums for each door; providing and installing upsized shaft, springs, and cabledrums; and all other work required for a complete and operational door.2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 35/36Moses Lake Council Packet 12-14-21, Page 72 of 200 "Remove and Replace Cable Sets" per each.The unit contract price per each "Remove and Replace Cable Sets" shall be full payment for all labor,equipment, and materials to remove the existing cable sets for an overhead door, and install newcable sets for that overhead door."Install New Seals on Sides and Bottoms" per lineal foot.The unit contract price per lineal foot for "Install New Seals on Sides and Bottoms" shall be fullpayment for all labor, equipment, and materials to remove the existing seal and install a new seal."Task Order Mobilization" per lump sum.The unit contract price per each "Task Order Mobilization" shall be full payment for all labor,equipment, and materials to travel to each and every work site listed on and individual task order,including all fuel, travel expenses, lodging, meals, overhead, and other expenses associated with thetask order.Additional repairs, if required, will be in accordance written change orders for the work as agreed toby the contractor and the city.5.1 ANNUAL INCREASEThe City will consider an annual increase each year if the contractor provides a written request on orbefore June 1 of each year. The increase will be based on the annual January to January West CoastCities CPI-index, and the prevailing wages that are pertinent to this contract.The annual contract unit prices shall run from January 1 through December 31 of each year. Unitpricing shall remain in effect each year through December 31 of each year. Any increase in pricingauthorized by the City will commence on January 1, following the price increase.2022-2024 Overhead Doors - Unit Price Contract No. 528.2022.01 Page 36/36Moses Lake Council Packet 12-14-21, Page 73 of 200 A. Location: Fire Station No. 1,701 E. Third AvenueObject IDNameMotorizedHeavy DutySpringsRomn NameAreaIn FeetMisc.239Bay Door IXXApparatus Bay 114X14240Bay Door 12X XApparatus Bay 114X14247Bay Door 11XXApparatus Bay 214X14248Bay Door 2XXApparatus Bay 214X14251Bay Door 10XXApparatus Bay 314X14252Bay Door 3XXApparatus Bay 314X14254Bay Door 4XXApparatus Bay 414X14255Bay Door 9X XApparatus Bay 414X14258Bay Door 5XXApparatus Bay 514X14259Bay Door 8XXApparatus Bay 514X1428!Bay Door 6XXMaintenance Bay14X14282Bay Door 7XXMaintenance Bay14X142022-23024 Overhead DoorsUnit Price Contract No. 528.2022.01Appendix A1/7Moses Lake Council Packet 12-14-21, Page 74 of 200 B. Location: Fire Station No. 2,2401 W. Broadway AvenueObject IDNameMotorizedHeavy DutySpringsRoom NameAreaMisc.318Bay Door 21XBay North14X14319Bay Door 23XBay North14X14324Bay Door 22XBay South14X14325Bay Door 24XBay South14X142022-23024 Overhead DoorsUnit Price Contract No. 528.2022.01Appendix AinMoses Lake Council Packet 12-14-21, Page 75 of 200 C. Location: Operations Bids 1 (OPS 1), 11^^89Rd4NEObject IDNameMotorizedHeavy Duty SpringsRoom NameAreaIn FeelMisc.418Fleet Management Bay Door 2XFM Bay Middle14X14419Fleet Management Bay Door 5XFM Bay Middle14X14422Fleet Management Bay Door 3XFM Bay North14X14423Fleet Management Bay Door 6XFM Bay North14X14427Fleet Management Bay Door 1XFM Bay South14X14428Fleet Management Bay Door 4XFM Bay South14X14431Fleet Management Bay Door 7FM Mezzinine 2017X8487Water Shop Door 3WA Bay10X8498Water Shop Door 1WA Shop Bay North14X14499Water Shop Door 2WA Shop Bay North14X14502Welding Bay Door 1Welding Bay14X14503Welding Bay Door 2Welding Bay14X14Location: Operations Bids 2 (OPS 2), 11789 Rd 4 NEObject IDNameMotorizedHeavy Duty SpringsRoom NameAreaIn FeetMisc.523Building Maintenance Bay Door 1Clean Shop10X10524Street Bay Door 1Drive Through Bay10X10525Street Bay Door 6Drive Through Bay14X14534Street Bay Door 3Paint Stripper Bay14X14554Street Bay Door 2Shop10X10555Street Bay Door 4Sign Shop14X14556Street Bay Door 5Signal Shop14X14560Building Maintenance Bay Door 2Wood Shop10X10Location: Operations Bide 3 (OPS 3), 11789 Rd 4 NEObject IDNameMotorizedHeavy Duty SpringsRoom NameAreaIn FeetMisc.584Bay Door 3Maint. Shop Bay14X12585Bay Door 4Maint. Shop Bay14X12600Bay Door 2Spray Truack Bay14X12603Bay Door 1Storage Bay 114X12Location: Operations BIdg 4 (OPS 4), 11789 Rd 4 NEObject IDNameMotorizedHeavy Duty SpringsRoom NameAreaIn FeetMisc.OPS Storage Bam Bay Door 116X14OPS Storage Bam Bay Door 216X14Location: Operations Bldg 5 (OPS 5), 11789 Rd 4 NEObject IDNameMotorizedHeavy Duty SpringsRoom NameAreaIn FeetMisc.OPS Police Storage Bay Door 118X12OPS Police Storage Bay Door 212X12OPS Police Storage Bay Door 38X12OPS Police Storage Bay Door 412X122022-23024 Overhead DoorsUnit Price Contract No. 528.2022.01Appendix A3/7Moses Lake Council Packet 12-14-21, Page 76 of 200 D. Location: Central Operations Facility (CO0* 1303 W. Lakeside DriveObject IDNameMotorizedHeavy DutySpringsRoom NameAreaIn FeetMisc.206COF Bay Door 2Garage 11712X12210COF Bay Door 3Garage 11812X12212Bldg 5 Bay Door 1Garage Bldg 516X14213Bldg 5 Bay Door 2Garage Bldg 514X14214Bldg 5 Bay Door 3Garage Bldg 514X14219COF Bay Door 1Garage Small12X12COF Bldg 5 Bay Door 4X14X14COF Bldg 5 Bay Door 5X16X142022-23024 Overhead DoorsUnit Price Contract No. 528.2022.01Appendix A4/7Moses Lake Council Packet 12-14-21, Page 77 of 200 E. Location: Sand Dunes Wastewater Treatment Plant, 1801 Road K SEObject IDNameMotorizedHeavy DutySpringsRoom NameAreaIn FeetMisc.695Bay Door 1Garage12X12696Bay Door 2Garage12X12705Garage Bay Door 1Garage Building14X12706Garage Bay Door 2Garage Building14X12707Garage Bay Door 3Garage Building14X122022-23024 Overhead DoorsUnit Price Contract No. 528.2022.01Appendix A5/7Moses Lake Council Packet 12-14-21, Page 78 of 200 F. Location: Larson WWTP, 6691Randolph Rd NE, Moses LakeObject IDNameMotorizedHeavy DutySpringsRoom NameAreaIn FeetMisc.380Bay Door 1Garage Building14X12381Bay Door 2Garage Building14X12382Bay Door 3Garage Building10X102022-23024 Overhead DoorsUnit Price Contract No. 528.2022.01Appendix A6/7Moses Lake Council Packet 12-14-21, Page 79 of 200 G. Location: Public Library* 418 E. Fifth AveObject IDNameMotorizedHeavy DutySpringsRoom NameAreaIn FeetMisc.671Bay Door 1XGarage12X12672Bay Door 2XGarage12X122022-23024 Overhead DoorsUnit Price Contract No. 528.2022.01Appendix AinMoses Lake Council Packet 12-14-21, Page 80 of 200 'Location A: Fire Station No. 1. 701 E. Third AvenueOjQC3"C0)c3poU0)£o2022-2024 Overhead DoorsUnit Price Contract No. 528.2022.01Appendix B1/6Moses Lake Council Packet 12-14-21, Page 81 of 200 Location B: F-ire Station No. 2. 2401 W. Broadway Avenuea>u?S"q;q:r)■Q'1;oEoU>0)£■3"Oro233^y.t *.w*" '•2022-2024 Overhead DoorsUnit Price Contract No. 528.2022.01Appendix B2/6Moses Lake Council Packet 12-14-21, Page 82 of 200 i Location C: Operations Complex. 11789 Road 4 NE<DUcow0"OjQiZ)-QCou><3)Ec-3■3-3=i • • "r ■^' V-/-.' ?. • ^ .-• ' ^- •/ ..k: ■■ - "v. I ■ • ; s •»■ f-j-m'Z': •rn^-v^- . ■ ■ ■: -5. ; ; •■ ;r-2022-2024 Overhead DoorsUnit Price Contract No. 528.2022.01Appendix B3/6Moses Lake Council Packet 12-14-21, Page 83 of 200 4 Location D: Central Operations Facility (COF). 1303 W. Lakeside Drive0Uc00<4—0a:■D0C'nEoO021jAvwiewnpoa92 • + .2022-2024 Overhead DoorsUnit Price Contract No. 528.2022.01Appendix B4/6Moses Lake Council Packet 12-14-21, Page 84 of 200 3 Location E: Sand Dunes WWTP. 1801 Road K SEoSiOJuV—"oiarvXn —X22"uo;-Q-3P<0'J.1%a;Er»f>4-awoa4?^2022-2024 Overhead DoorsUnit Price Contract No. 528.2022.01Appendix B5/6Moses Lake Council Packet 12-14-21, Page 85 of 200 J Location F: Larson WWTP. 6691 Randolph Rd NEOju5-i'D■c0;OUmmm- -.-l.f"2022-2024 Overhead DoorsUnit Price Contract No. 528.2022.01Appendix B6/6Moses Lake Council Packet 12-14-21, Page 86 of 200 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: December 9, 2021 Proceeding Type: Consent Agenda Subject: Project Acceptance for (60-day) Lien Period Valley and Grape Signal Cabinet Replacement Legislative History: • First Presentation: December 14, 2021 • Second Presentation: • Action: Motion to Accept Overview: There are (12) Intersection signal controllers throughout the City that need to be replaced and modernized, as they are now (40) years old. The City has started the process for replacing all (12) Signal Controllers and Cabinets. The Valley and Grape Intersection was the second one to be replaced this last year. Pre-Purchased for Install: The City pre-purchased the new controllers and cabinets directly through a Statewide bid process. This contract was for the installation of only one intersection. Installation: Northeast Electric, LLC. has completed work for the installation at the Valley and Grape Intersection. The work completed by the contractor is physically complete and ready for acceptance PRE-PURCHASED CONTROLLERS REMAINING INTERSECTIONS • Valley/Central (Complete) • Valley/Grape (Complete) • Pioneer/Five Corners • Pioneer/Hill Avenue • Pioneer/Sharon • Pioneer/Third • Division/Fifth • Division/Fourth • Grape/Central • Third/Alder • Third/Dogwood • Valley/Crestview Moses Lake Council Packet 12-14-21, Page 87 of 200 Page 2 of 2 Cost of Work: The work completed is in the amount of $48,000. The original contract price for the contract was $48,000. Staff Inspection: The Valley and Grape Signal Cabinet Replacement Project was completed by the contractor, Northeast Electric, LLC. All work has been inspected by City Staff and has been recommended for acceptance. Recent short with the old signal wire connections was repaired under warrantee. Fiscal and Policy Implications: After Council Acceptance of the project, the City will enter into the 60-day lien period as required by Washington State Law. The Contractor will receive the remaining 5% retainage after the (60) day lien period is complete Attachments: A. NONE Finance Committee Review: N/A Legal Review: N/A Options: • Accept the project. The 60-day lien period will begin. • Provide staff with changes. Staff will review the changes. • Take no action. The project will not be accepted at this time. Action Requested: City staff recommends Council Acceptance of the Valley & Grape Signal Cabinet Replacement Project. Moses Lake Council Packet 12-14-21, Page 88 of 200 Moses Lake Council Packet 12-14-21, Page 89 of 200 Clark Underground Survey L.L.C. Pat Clark 61 Gleed Place Yakima, WA 98908 509-985-4050 Wellbore Inspection ReportWellbore Inspection Report Client:Empire Client Address: Job: Invoice / PO: Project Information Date:20-Sep-2021 10:07 AM Weather: Operator:Travis B. Freshwater Reason for Survey:Specific Issue (Video Required) Vehicle / Camera: Zero Point / Datum: Static Water Level: Downview Offset: Casing Buildup: Inspection Notes: Inspection Information Well ID:City of Moses Lake Well 31 Well Diameter:12.0 in Well Type:Decomissioned Well Owner:City of Moses Lake Perforations: Perforation Interval: Asset Notes: Casing ❶ Material:Steel ❷ Diameter: Depth: Location GPS Latitude: GPS Longitude: Location / Address: Asset Information Page 1 of 3Inspection: 210920 City of Moses Lake Well 31 1007 Moses Lake Council Packet 12-14-21, Page 90 of 200 Schematic View City of Moses Lake Well 31 Feet Span Severity Description Comment 0000.0 Sideview - Zero Datum 0172.9 Static Water Level 0322.2 Airline Top of airline 0333.7 Casing Bottom of casing 0457.7 Debris Page 2 of 3Inspection: 210920 City of Moses Lake Well 31 1007 Moses Lake Council Packet 12-14-21, Page 91 of 200 Snapshots Sideview - Zero Datum Static Water Level Airline | Top of airline Casing | Bottom of casing Debris Page 3 of 3Inspection: 210920 City of Moses Lake Well 31 1007 Moses Lake Council Packet 12-14-21, Page 92 of 200 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: December 9, 2021 Proceeding Type: Consent Agenda Subject: Accept Well 31 Decommissioning Project (GC2021-048) Legislative History: • First Presentation: December 14, 2021 • Second Presentation: • Action: Motion Overview: Empire Well Drilling has completed the work for the Well 31 Decommissioning project and it is ready for acceptance. This project consisted of decommissioning the abandoned Well 31 by removing the well house structure, pump, perforating the well casing, pressure grouting the well, and capping the well casing below grade. During work on the project, debris were discovered obstructing the inside of the well casing. Removing the debris from the well was required by the Washington State Department of Ecology in order to create access for the perforation of the well casing and proper decommissioning of the well. Prior to working on the project, it was not possible to inspect for debris as the pump was still mounted in the well, which blocked camera access. After the well house was demolished and the pump was pulled from the well, the debris were found and documented during the camera inspection. WELL HOUSE DEMOLITION PUMP REMOVAL Moses Lake Council Packet 12-14-21, Page 93 of 200 Page 2 of 2 After the debris were removed (old airline), the rest of the project proceeded as planned including casing perforation, pressure grouting, and cutting the casing below grade. Cost of Work: The project began as a Small Public Works Project and therefore did not have an engineer’s estimate. The original contract price was $49,972.40. The change order to remove the obstruction (old airline) from the casing was granted with an upper limit of $33,929.20 for a total allowed contract price of $83,901.6. Of those extra funds, only $21,896.80 were required. The total amount for the work completed was $71,869.20. Fiscal and Policy Implications: Upon acceptance, the City will enter the 60-day lien period as required by Washington State Law. Attachments: A. Final Pay Estimate B. Inspection Report Finance Committee Review: N/A Legal Review: N/A Options: • Accept the project. The 60-day lien period will begin. • Provide staff with changes. Staff will review the changes. • Take no action. The project will not be accepted at this time. Action Requested: Staff recommends accepting the Well 31 Decommissioning Project (GC2021-048). CUT & CAP WELL CASING BELOW GRADE PROJECT COMPLETE Moses Lake Council Packet 12-14-21, Page 94 of 200 Moses Lake Council Packet 12-14-21, Page 95 of 200 Clark Underground Survey L.L.C. Pat Clark 61 Gleed Place Yakima, WA 98908 509-985-4050 Wellbore Inspection ReportWellbore Inspection Report Client:Empire Client Address: Job: Invoice / PO: Project Information Date:20-Sep-2021 10:07 AM Weather: Operator:Travis B. Freshwater Reason for Survey:Specific Issue (Video Required) Vehicle / Camera: Zero Point / Datum: Static Water Level: Downview Offset: Casing Buildup: Inspection Notes: Inspection Information Well ID:City of Moses Lake Well 31 Well Diameter:12.0 in Well Type:Decomissioned Well Owner:City of Moses Lake Perforations: Perforation Interval: Asset Notes: Casing ❶ Material:Steel ❷ Diameter: Depth: Location GPS Latitude: GPS Longitude: Location / Address: Asset Information Page 1 of 3Inspection: 210920 City of Moses Lake Well 31 1007 Moses Lake Council Packet 12-14-21, Page 96 of 200 Schematic View City of Moses Lake Well 31 Feet Span Severity Description Comment 0000.0 Sideview - Zero Datum 0172.9 Static Water Level 0322.2 Airline Top of airline 0333.7 Casing Bottom of casing 0457.7 Debris Page 2 of 3Inspection: 210920 City of Moses Lake Well 31 1007 Moses Lake Council Packet 12-14-21, Page 97 of 200 Snapshots Sideview - Zero Datum Static Water Level Airline | Top of airline Casing | Bottom of casing Debris Page 3 of 3Inspection: 210920 City of Moses Lake Well 31 1007 Moses Lake Council Packet 12-14-21, Page 98 of 200 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: December 9, 2021 Proceeding Type: Consent Agenda Subject: Reject Bids Wastewater Central Operations Facility (COF) Upgrades Project Legislative History: • First Presentation: December 14, 2021 • Second Presentation: • Action: Motion Overview: The Public Works Department has identified miscellaneous site improvements that are necessary to complete the City’s Wastewater Central Operations Facility (COF). The planned improvements include; demolition of the old headworks building (See Picture 2), site grading, retaining wall placement, pavement improvements, and underground wastewater forcemain improvements. The project was bid during a time of material availability issues and specific unit costs were greatly impacted. Rebidding in January/February will put the project into the tradition time for early contracting on Spring/Summer projects. This is when contractors are looking to lock-in work for the building season. In addition, pricing is starting to ease for certain line items, including the retaining wall materials. Bid Summary: Staff opened bids for the Miscellaneous COF Upgrades Project on December 8, 2021. The City received two (2) bids for the project. The apparent low bid is $579,932.57 by J.R. Massie & Co. LLC. This was low bid is nearly 20% higher than the Engineer’s Estimate is $483,523.62. Both bidders have all of their proper licensing and are judged to be a responsible bidders per State requirements. CENTRAL OPERATION FACILITY VIEWING SOUTHWEST Moses Lake Council Packet 12-14-21, Page 99 of 200 Page 2 of 2 Fiscal and Policy Implications: The Miscellaneous COF Upgrades project would require planned and budgeted funds to be spent. Finance Committee Review: N/A Legal Review: N/A Council Packet Attachment: A. Bid Results Options: • Reject All Bids Staff will rebid the project in January/February of 2022 to get the early pricing with contractor for Spring/Summer projects. • Take no action Staff will direct the project bidders to await further direction from City Council. • Award the Project Staff will notify the apparent low bidder that the project has been awarded to them. Action Requested: Staff recommends Council reject all bids for the Wastewater Central Operations Facility (COF) Upgrades Project. OLD HEADWORKS BUILDING TO BE DEMOLISHED Moses Lake Council Packet 12-14-21, Page 100 of 200 PROJECT NAME: Miscellaneous COF Upgrades Project BID RESULTS 1 Mobilization 1-09 1 L.S. $44,000.00 $44,000.00 $55,302.36 $55,302.36 $55,902.00 $55,902.00 2 Traffic Control 1-10 1 L.S.$9,500.00 $9,500.00 $2,400.00 $2,400.00 $1,000.00 $1,000.00 3 Sawcut Asphalt or Concrete 2-02 460 L.F.$5.00 $2,300.00 $1.20 $552.00 $4.00 $1,840.00 4 Remove Curb and Gutter 2-02 130 L.F.$10.00 $1,300.00 $5.46 $709.80 $16.00 $2,080.00 5 Remove Pavement and Concrete Sidewalk 2-02 1040 S.Y.$14.00 $14,560.00 $15.00 $15,600.00 $31.00 $32,240.00 6 Remove COF Headworks Structure 2-02 1 L.S.$26,000.00 $26,000.00 $13,200.00 $13,200.00 $34,991.00 $34,991.00 7 Remove I Beam and Concrete Pillar 2-02 1 L.S.$3,000.00 $3,000.00 $2,400.00 $2,400.00 $3,233.00 $3,233.00 8 Remove and Replace Chain Link Gate 2-02 2 L.S.$2,400.00 $4,800.00 $2,558.40 $5,116.80 $1,801.00 $3,602.00 9 Remove and Replace Fence 2-02 40 L.F.$35.00 $1,400.00 $156.00 $6,240.00 $106.00 $4,240.00 10 Excavation 2-03 1 L.S.$14,500.00 $14,500.00 $16,980.00 $16,980.00 $57,016.00 $57,016.00 11 Water 2-07 70 MGal $15.00 $1,050.00 $60.00 $4,200.00 $13.00 $910.00 12 Shoring or Extra Excavation 2-09 2000 S.F.$0.75 $1,500.00 $1.20 $2,400.00 $1.00 $2,000.00 13 Trimming and Cleanup 2-11 1 L.S.$11,000.00 $11,000.00 $3,000.00 $3,000.00 $3,987.00 $3,987.00 14 Crushed Surface Top Course 4-04 115 TON $25.00 $2,875.00 $74.85 $8,607.75 $59.00 $6,785.00 15 HMA Cl 3/8 Inch PG 64-28 5-04 221 TON $150.00 $33,150.00 $174.00 $38,454.00 $256.00 $56,576.00 16 HMA Patch Cl 3/8 Inch PG 64-28 5-06 14 S. Y.$80.00 $1,120.00 $97.20 $1,360.80 $89.00 $1,246.00 17 Install Ductile Iron Pipe Rail Fence 6-03 1 L.S.$8,500.00 $8,500.00 $12,000.00 $12,000.00 $5,500.00 $5,500.00 18 Concrete Class 4000 For Retaining Wall 6-11 35 C.Y.$1,000.00 $35,000.00 $3,607.54 $126,263.90 $2,752.00 $96,320.00 19 Steel Reinforced Bar 6-11 2200 LB $3.00 $6,600.00 $11.74 $25,828.00 $13.00 $28,600.00 20 Gravel Backfill for Retaining Wall 6-11 12 C.Y.$60.00 $720.00 $212.50 $2,550.00 $132.00 $1,584.00 21 Drain Pipe 4 Inch Diameter 7-01 50 L.F.$40.00 $2,000.00 $93.50 $4,675.00 $114.00 $5,700.00 22 Connect to Existing Drywell 7-05 1 EA $1,000.00 $1,000.00 $236.15 $236.15 $1,007.00 $1,007.00 23 Connect to Existing Catch Basin 7-05 1 EA $1,000.00 $1,000.00 $236.15 $236.15 $588.00 $588.00 24 Catch Basin, 20in x 24in 7-05 1 EA $1,700.00 $1,700.00 $3,514.25 $3,514.25 $1,239.00 $1,239.00 25 Adjust Manholes, Catch Basins, Valve Boxes and Irrigation Boxes to Grade 7-05 15 EA $920.00 $13,800.00 $160.00 $2,400.00 $321.00 $4,815.00 26 Plug Existing Pipe 7-08 10 EA $650.00 $6,500.00 $86.61 $866.10 $102.00 $1,020.00 27 Ductile Iron Pipe for Water Main 6 Inch Diam.7-09 260 L.F.$65.00 $16,900.00 $49.29 $12,815.40 $81.00 $21,060.00 28 Connect to Existing 6 Inch Water Main 7-09 1 EA $2,200.00 $2,200.00 $2,526.89 $2,526.89 $1,867.00 $1,867.00 29 Remove Existing Hydrant 7-14 1 EA $600.00 $600.00 $840.00 $840.00 $987.00 $987.00 30 Hydrant Assembly 7-14 2 EA $5,500.00 $11,000.00 $5,357.47 $10,714.94 $5,817.00 $11,634.00 31 Bypass Pumping 7-20 1 L.S.$25,000.00 $25,000.00 $18,000.00 $18,000.00 $2,200.00 $2,200.00 32 Ductile Iron Sewer Force Main 6 Inch Diam.7-20 40 LF $65.00 $2,600.00 $106.19 $4,247.60 $136.00 $5,440.00 33 Gate Valve 18 Inch 7-20 1 EA $10,200.00 $10,200.00 $15,386.86 $15,386.86 $22,687.00 $22,687.00 34 Access Cover 7-20 2 EA $6,800.00 $13,600.00 $8,088.00 $16,176.00 $6,557.00 $13,114.00 35 Repair Disturbed Irrigation System 8-03 1 L.S.$2,500.00 $2,500.00 $3,000.00 $3,000.00 $11,480.00 $11,480.00 36 Cement Concrete Curb and Gutter 8-04 60 L.F.$68.00 $4,080.00 $41.77 $2,506.20 $161.00 $9,660.00 37 Cement Concrete Driveway 8-14 25 S.Y.$200.00 $5,000.00 $252.48 $6,312.00 $93.00 $2,325.00 38 Cement Concrete Sidewalk and Slab 8-14 55 S.Y.$180.00 $9,900.00 $207.16 $11,393.80 $143.00 $7,865.00 39 Electrical 8-19 1 L.S.$93,600.00 $93,600.00 $75,980.40 $75,980.40 $81,485.00 $81,485.00 446,055.00$ $534,993.15 $605,825.00 8.4%37,468.62$ $44,939.42 $50,889.30 483,523.62$ $579,932.57 $656,714.30 Mass X Construction LLC Ellensburg, WA UNIT PRICE AMOUNTUNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT SUBTOTAL SCHEDULE A SALES TAX Total Schedule A ITEM ITEM DESCRIPTION SECTION APPROX. QUANTITY Schedule A: Sewer Improvements Engineers Estimate J.R. Massie & Co. LLC Davenport, WA PROJECT NUMBER: GC2021-045 Moses Lake Council Packet 12-14-21, Page 101 of 200 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: December 10, 2021 Proceeding Type: Old Business Subject: Lease Authorization for (28) Acres to Hayboy Farms (1/4) Circle to Complete Circle Southwest of Airport Legislative History: • First Presentation: December 14, 2020 • Second Presentation: • Action: Motion Overview The City owns Municipal Tract 12, where the City Airport is Located. Jake Jacobsen, dba Hayboy Farms, has been leasing 28 acres on Municipal Tract 12 since 2016. Jake uses the land to complete a full hay circle adjacent to the three- quarter (¾) circle he currently farms on the adjacent property (See Attached Lease Map). Jake requests to renew the lease for 2022 and agrees to an increase of $200/year. Fiscal and Policy Implications The City would receive funds for the lease of 28 acres. The acreage is currently not used by the City and the City does not have immediate plans for the property through 2022. The City would receive $4200/year, plus the leasehold tax in the amount of 12.84 percent. The total to be collected for 2022 would be $4,739.28. Moses Lake Council Packet 12-14-21, Page 102 of 200 Page 2 of 2 Council Packet Attachments A. Proposed Farm Lease B. Lease Map Finance Committee Review N/A Legal Review: Type of Document Title of Document Date Reviewed Lease Farm Lease Options Option Results • Authorize City Manager to ratify the Farm Lease and execute the attached lease that renews through 2022. The City will receive $4,739.28, and Jake Jacobsen will continue to farm the quarter circle through the end of 2022. • Don’t authorize the lease through 2022. The City will notify Jake Jacobsen that the property will not be leased in 2022. Action Requested Staff recommends authorization to execute the lease with Jake Jacobsen dba Hayboy Farms for the 2022 year. This is a one-year lease only. Moses Lake Council Packet 12-14-21, Page 103 of 200 Page | 1 FARM LEASE This Farm Lease is between the CITY OF MOSES LAKE, a municipal corporation, as Lessor, and Jake Jacobsen, a single person, dba Hayboy Farms, as Lessee. W I T N E S S E T H: On and subject to the covenants, terms, conditions and agreements herein contained, Lessor herewith leases to Lessee and Lessee herewith leases from Lessor, the following described real property situated in Grant County, Washington, all hereinafter referred to as “the Property”, to-wit: PARCEL 1: That portion of Adjusted Lot 1, Municipal Tract 12 Plat, and that portion of Adjusted Parcel 41, Commercial Binding Site Plan of Lot 2 Municipal Tract 12, as depicted on Record of Survey – Boundary Line Adjustment, book 85 of surveys, pages 54 and 55, records of Grant County, Washington, more particularly described as follows: Beginning at the southwest corner of said Adjusted Parcel 41; thence N89°51’37”E along the south line of said Parcel 41, 1248.25 feet to the point of curvature of a 1248.25 foot radius non-tangent curve; Thence along the arc of said curve, through a central angle of 90°26’41”, an arc distance of 1970.44 feet, whose chord bears N45°21’44”W, 1722.13 feet to a point on the west line of said Adjusted Lot 1; Thence S00°35’04”E along the west lines of said Adjusted Lot 1 and said Adjusted Lot Parcel 41, a distance of 1248.25 feet to the Point of Beginning. Lessor and Lessee agree that the above described real property contains 28.09 acres, more or less. 1. TERM OF LEASE. The term of this Lease shall be for a period of one ( 1 ) crop year(s), commencing on April 1, 2022 and terminating upon completion of harvest or crop year 2022 or November 15, 2022, whichever is sooner, unless sooner terminated in any manner hereinafter. 2. RENT. As rent for the Property, Lessee will pay and Lessor shall receive the sum(s) as follows: Moses Lake Council Packet 12-14-21, Page 104 of 200 Page | 2 a. The sum of Four Thousand Two Hundred and no/100 ($4,200.00) plus lease hold excise tax. Rent, including lease hold excise tax, shall be paid in full on or before April 1st of each year for that year. 3. LEASEHOLD EXCISE TAX. Tenant shall be liable for, and shall pay throughout the term of this Lease the leasehold tax assessed by the State of Washington (which is currently 12.84%) in lieu of property tax, in addition to the base rent, to be paid to the Lessor at the time of the rental payment. 4. INTEREST ON DELINQUENT RENT AND LEASEHOLD EXISE TAX. In the event of the nonpayment of rent or leasehold excise tax by Lessee to Lessor in the full amount and at the time(s) required by this Lease, with such nonpayment continuing for more than ten (10) days after due, then the full amount of delinquent rent and leasehold excise tax, without notice or demand, shall commence to bear interest from the due date at the rate of twelve percent (12%) per annum until paid in full. No default on account of delinquent rent or leasehold excise tax payment(s) shall be cured until the interest required by this paragraph is paid in addition to the delinquent rent and leasehold excise tax payment(s). 5. OIL AND GAS LEASES AND HUNTING RIGHTS. This Lease is subject to the right of Lessor to lease any portion or all of the Property for the purposes of exploring for, drilling for, producing, extracting and taking oil, gas and other hydrocarbons (and water for its operations on the Property) from the Property and to construct, erect, maintain, operate, use, repair and remove pipelines, telephone, telegraph and power lines, tanks, machinery, appliances, buildings and other structures useful, necessary or proper for carrying on its operations on the Property, together with rights of way for passage over, upon and across, and ingress and egress to and from the Property for any or all of the above- mentioned purposes; provided, however, that such activities do not interfere with the farming operation by JACOBSEN. Moses Lake Council Packet 12-14-21, Page 105 of 200 Page | 3 6. USE OF THE PROPERTY. The Property shall be used by Lessee for the growing and harvesting of farm crops. Lessee agrees to farm the Property in accordance with the best farming practices of the region, including: 6.1 Protection of all growing crops from injury, trespass and waste and, in proper season, harvest and preparation for delivery or storage either upon the Property or such other location as may be designated by the Lessor of all severed crops; 6.2 Undertaking all reasonable efforts to eradicate and control noxious and annual weeds and promptly treating such weeds with appropriate herbicides and in the proper practices of application; 6.3 Maintaining crop production records as requested from time to time by the Lessor and providing any information concerning farming practices and crop production when requested by the Lessor; 6.4 Performing such farming practices in the manner and at the time as is consistent with good conservation practices and avoiding farming practices which will cause excessive erosion by wind or water; 6.5 Providing, at the Lessee’s own cost and expense, all tools, machinery and seed, and providing all proper assistance and labor for the cultivation and management of the Property as may be necessary to carry out the terms of this Lease. 7. RETURN OF THE PROPERTY. At the termination of this Lease, Lessee shall deliver up the Property in as good a condition as the same was at the time Lessee took possession hereunder, natural deterioration, depreciation, reasonable wear and tear due to reasonable use and occupancy in conformance with the provisions of this Lease and acts of God alone excepted. Moses Lake Council Packet 12-14-21, Page 106 of 200 Page | 4 8. CONDITION OF PROPERTY. Lessee herewith certifies and agrees that Lessee has personally inspected the Property, including any equipment and improvements thereon, and that the Property and equipment is tenantable and suitable for the uses and purposes of Lessee. It is understood by Lessee that Lessor makes no express or implied warranties with respect to the Property or equipment, its condition, or its suitability for the uses and purposes of Lessee. Lessee hereby waives and releases Lessor from all warranties and liabilities and all claims, damages and remedies of Lessee with respect to any lack of suitability or defect in the Property or equipment, including any loss of revenue or profits or any other direct, incidental or consequential damages. Lessee agrees to accept all equipment and improvements in their present condition, “as is”, and hereby releases Lessor from any liability whatsoever regarding the use or operation of said equipment and improvements. 9. WASTE OR ILLEGAL USE. Lessee agrees not to commit spoil or waste on any of the Property, and shall not use or permit use of the Property for any illegal purpose, and to surrender peaceful possession thereof at the termination of this Lease in a clean and neat condition, free and clear of all refuse and debris. Use or permitting use of the Property for an illegal use shall constitute a default for which no opportunity to cure need be given, and shall result in the immediate and summary termination of this Lease. Lessee shall not remove or permit removal of any soil, sand, or gravel from the leased premises. Lessee agrees that it will not use any portion of the leased premises in any manner which causes a public or private nuisance. 10. TAXES. Lessee agrees to pay all personal property taxes assessed by any governmental agency against personal property owned by Lessee or in which Lessee has rights that is maintained or used any time on the Property. Moses Lake Council Packet 12-14-21, Page 107 of 200 Page | 5 11. UTILITIES. Lessee agrees to pay all electrical charges assessed for electricity consumed by the Irrigation System, and agrees to pay all charges for water delivered to and used upon the Property. 12. INDEMNITY AND INSURANCE. Lessee shall defend, indemnify and hold Lessor harmless from all claims, liability and damages arising out of or in connection with the possession, use, occupation or operation of the Property or mere presence thereof by Lessee or Lessee’s agents, employees, independent contractors, successors, assigns, family, invitees, licensees, or any third persons either lawfully or unlawfully on the Property and shall procure and keep in full force during the term of this Lease a policy or policies of liability and property damage insurance in amounts no less than One Million Dollars per occurrence and One Million Dollars aggregate in order to defend, indemnify, and protect Lessee or any third person or persons and/or property arising out of or in connection with the possession, use, occupation and operation of the Property and shall also carry public liability and property damage insurance with reference to any motor vehicle used in connection with the possession, use, occupation and operation of the Property. Lessee’s duty to defend, indemnify and hold Lessor harmless from all such claims, liability and damages arising out of the acts or omissions of Lessee shall survive the termination of this Lease. Lessor shall be named as an additional insured on each such policy and each policy shall provide that Lessor receive thirty (30) days’ prior written notice of any intent to cancel said policy. To fully effectuate this obligation of indemnification, Lessee agrees to waive any immunity from the actions of Lessee’s employees which might otherwise be available to Lessee under the Washington Workers Compensation Laws, RCW 51.04.010 et seq. or any other similar law. This provision has been specifically negotiated by parties hereto. Lessee shall deliver all policies and renewals of the required insurance coverage’s to the Lessor. Failure to maintain the required coverage’s as provided for herein and failure to deliver the policies and renewals thereof to Lessor shall constitute a default of this Lease. 13. OPERATING EXPENSES. Except as otherwise provided herein, Lessee shall defend, indemnify and hold Lessor completely harmless from and shall pay or provide for all expenses incurred in Moses Lake Council Packet 12-14-21, Page 108 of 200 Page | 6 any way in the use and operation of the Property and performance of Lessee’s covenants herein, and whether incurred by Lessee, Lessee’s agents, employees, or by third persons, including but not limited to, costs of seed, sets, roots, nursery stock, fertilizer, pesticides, chemicals, cultivation and harvesting costs, transportation costs, labor, custom work, equipment hired, agricultural testing and consulting and utility charges. 14. ENCUMBRANCES. Lessee covenants and agrees to keep the Property free and clear of all liens and encumbrances of any kind or nature; provided that, Lessee may, as is reasonably necessary to permit Lessee’s effective agricultural use of the Property, encumber the crops growing or to be grown by Lessee on the Property with crop financing or operating loans, but only to the extent that any such liens or encumbrances are subordinate to Lessor’s right to receive full and timely rent as required herein. 15. DISCHARGE OF ENCUMBRANCES. Lessee agrees to discharge any and all liens, security interests or other encumbrances, all hereinafter “encumbrances” which may be recorded against the Property and all crops thereon for any reason arising out Lessee’s possession, use, occupation and maintenance of the Property and to discharge any encumbrances at Lessee’s own cost and expense; provided that, in the event encumbrances are recorded against the Property and/or crops thereon, Lessee shall have a reasonable time within which to discharge the same not to exceed thirty (30) days following harvest unless in good faith Lessee disputes the same in which case Lessee shall satisfy any encumbrances, if reduced to judgment, immediately after rendition of said judgment. In any event, any such lien against the Property shall be satisfied and released prior to the forced sale of the Property. Failure of Lessee to discharge any encumbrances in the manner herein provided, shall be deemed a breach of this Lease entitling Lessor to demand immediate forfeiture of this Lease and surrender of the Property; provided further that, any such forfeiture shall not relieve Lessee of any obligation to discharge all encumbrances, nor shall it impair any other remedy provided to Lessor by law, in equity, or by other provisions of this Lease on account of Lessee’s breach, including procurement of money damages. Moses Lake Council Packet 12-14-21, Page 109 of 200 Page | 7 In the case of any lien against any of the crops grown on the Property, in favor of a third party, which is inferior to any lien on any such crops in favor of Lessor, Lessee shall not pay all or any part of the obligation secured by the lien in favor of the third party until Lessee has fully paid all amounts due and payable under this Lease. 16. IMPROVEMENTS. Lessee shall not remove, destroy or substantially alter any existing improvements, including irrigation systems, structures or fences, without the prior written consent of Lessor. Lessee shall not put or place on the Property any improvements without first obtaining the written consent of the Lessor. Any improvements put or placed on the Property during the term of this Lease shall become the property of Lessor upon termination or expiration of this Lease. 17. WEEDS. During the term of this Lease, particularly during the growing season and immediately after completion of harvest, Lessee shall, at the sole cost and expense of Lessee, cut, burn, pull, treat or otherwise dispose of all noxious weeds on the Property, particularly those which may grow or accumulate along fences, ditches or other improvements, field borders, rights-of-way, drains, roads and other uncultivated areas, which shall include disposing of all noxious weeds before the same go to seed regardless of whether such disposal is required by law. In the event Lessee does not dispose of all weeds as required by this paragraph, Lessor shall have the right to dispose of the same and Lessee hereby specifically agrees that Lessee will, on demand of Lessor, reimburse Lessor for all costs and expenses incurred by Lessor in disposing thereof. 18. CHEMICALS. Lessee covenants and agrees that Lessee shall not, during the term of this Lease, use any chemicals, pesticides or fertilizers, where such use is prohibited by any product label or governmental authority; or, if such use is not prohibited but is restricted in any manner, Lessee will not violate any use restriction. Lessee further covenants and agrees that Lessee shall not apply any chemical or herbicide to crop ground which has a residual effect of any nature beyond the term of this Lease, except for herbicides used to control weeds or grass on the borders of the Property. Specifically, Lessee shall not use any more than one half pound (½ lb.) of Atrizine per acre per season and Lessee shall not Moses Lake Council Packet 12-14-21, Page 110 of 200 Page | 8 apply the herbicide known as Sinbar to the leased premises. Lessee further covenants and agrees not to dispose of or otherwise allow the storage or release of any hazardous, toxic or dangerous waste or materials in, on or under the Property not otherwise expressly authorized by this Lease. Lessee shall be solely responsible for any claims, liabilities and damages caused Lessor or any third party by a breach of this paragraph and shall defend, indemnify and hold Lessor completely harmless there from. Lessee’s duty to defend, indemnify and hold Lessor harmless from any claims, liabilities and damages arising out of Lessee’s acts or omissions shall survive the termination of this Lease. 19. WASTE WATER DISPOSAL. Lessee agrees to assume all responsibility and liability for the disposal of waste water off the Property in a lawful manner without damage to adjoining or neighboring lands at the sole cost and expense of Lessee and to defend, indemnify and hold Lessor completely harmless there from. 20. IRRIGATION SYSTEM. Lessee has inspected the presently existing irrigation system, including all its component parts and pump, (“Irrigation System”) and agrees to be responsible for the cost and expense for all maintenance and repair of the Irrigation System during the term of this Lease. Lessee agrees to surrender the Irrigation System at the termination of this Lease in as good as state of repair as it existed at the commencement of this Lease, reasonable wear, tear and acts of God alone accepted. Notwithstanding the foregoing provisions respecting irrigation and the Irrigation System, Lessor does not warrant or guarantee to Lessee a continuous water supply from existing water source(s) and shall not be liable or responsible to Lessee for any loss, damage or liability of any kind, whether direct, indirect, consequential or incidental, including lost profits, arising out of total failure of water supply or intermittent or diminished supply. 21. INSPECTION AND ACCESS TO PROPERTY. Lessee agrees to permit Lessor, and Lessor’s agents, free and unlimited access to the Property at all reasonable times for the purpose of Moses Lake Council Packet 12-14-21, Page 111 of 200 Page | 9 inspection or of making repairs, additions or alterations to portions of the Property under the control of Lessor, if any; provided that, this right to repair shall not be construed as an agreement or requirement on the part of Lessor to make any repairs, additions or alterations to the Property which are required by Lessee in this Lease. Lessor shall at all times, if Lessor so desires, have the right to place and maintain “For Sale” and/or “For Rent” signs in conspicuous places on the borders of the Property. Further, Lessor or any succeeding Lessee shall have the right to enter the Property with necessary equipment and supplies to prepare the land, plant seed, and to apply fertilizer and other materials needed in any operation related to the production of a succeeding crop prior to expiration of this Lease. If Lessor sells all or a portion of the Property during the term of this Lease, Lessee shall surrender possession of that portion of the Property sold immediately if no crop is planted on said portion, or immediately following the harvest of any crop then planted on said portion of the Property. 22. REPAIRS BY LESSOR. Neither Lessor nor Lessor’s successors or assigns shall be held to any covenant respecting the condition of the Property or improvements thereon, nor to any agreement for alterations, improvements or repairs unless said agreement is in writing and either contained in this Lease or attached to and made a part of this Lease. 23. ABANDONMENT. Should Lessee abandon the Property while in default, Lessor may take immediate possession of the Property for the purpose of protecting and preserving the Property and may mitigate damages by renting or operating the Property during the period of enforcement of Lessor’s rights under this Lease without prejudicing Lessor’s remedies under this Lease or which may be given by law or in equity. 24. LANDLORD’S LIEN. It is hereby mutually understood and agreed by the parties that, in order to secure the payment of rent and the faithful performance of all terms and conditions of this Lease by Lessee, Lessor has and shall retain a Landlord’s Lien (i.e. UCC-4) upon all crops grown, growing or to be grown on the Property or proceeds thereof pursuant to RCW Ch. 60.11, Lessee shall Moses Lake Council Packet 12-14-21, Page 112 of 200 Page | 10 execute any and all documents deemed necessary by Lessor to ensure that the security interest(s) and lien provided for herein are and remain continuously perfected until all rent plus any interest, costs and other charges or expenses to be paid by Lessee by the terms of this Lease are fully paid. This Landlord’s lien shall not be subordinate to any other lien. This Lease shall also serve as a security agreement and Lessor shall have the option of also perfecting a security interest in the crop(s) under RCW 62A.9, the Uniform Commercial Code, by filing a UCC-1 statement. Lessee agrees on demand to execute a UCC-1 and any and documents necessary to complete and/or perfect any lien interest of Lessor hereunder. 25. LESSEE’S DEFAULT. Lessee shall be in default of this Lease if Lessee (a) fails to timely observe or perform any term, covenant, condition herein set forth; or (b) fails or neglects to make the full amount of any payment of rent, interest or any other amounts required to be paid by Lessee in the full amount and precisely when obligated to do so; or (c) becomes or is declared insolvent or makes an assignment for the benefit of creditors, or files any debtor’s petition or any petition is filed against Lessee under any bankruptcy, wage earner’s, reorganization or similar act; or (d) permits the Property or any part thereof or Lessee’s interest therein to be attached, seized or in any manner restrained or impounded by process of any court; or (e) abandons the Property for more than thirty (30) consecutive days (unless the Property is otherwise occupied); or (f) assigns, transfers or sublets the Property or any portion thereof, or assigns or transfers this Lease or any interest therein in any manner other than as permitted by the terms of this Lease. 26. LESSOR’S REMEDIES. In the event Lessee in is default of this Lease, Lessor may, at Lessor’s election, exercise the following remedies: (A) Suit for Delinquencies. Lessor may institute suit for any sums then due and payable under this Lease as of the date of the judgment and any sums which have been advanced by Lessor pursuant to the provisions of this Lease, together with interest on all of said sums Moses Lake Council Packet 12-14-21, Page 113 of 200 Page | 11 at the rate or rates specified in this Lease from the date each such amount was advanced or due, as the case may be, to and including the date of collection; (B) Forfeiture and Repossession. Lessor may cancel and render void all rights, titles, and interests of Lessee and Lessee’s assigns and successors in this Lease and in the Property (including all of Lessee’s then existing rights, interest and estates herein and improvements thereto, including all crops, minerals, oil and gas) by giving a Notice of Intent to Forfeit and said cancellation and forfeiture shall become effective if the default specified in the Notice of Intent to Forfeit has not been fully cured within twenty (20) days thereafter. Upon forfeiture of this Lease, Lessor may retain all payments made hereunder by Lessee and may take immediate possession of the Property and summarily eject Lessee and any person or persons having possession of the Property by, through or under Lessee. In the event Lessee or any person or persons claiming by, through or under Lessee remain in possession of the Property more than three (3) days after such forfeiture, Lessee, or such person or persons, shall be deemed as unlawfully detaining the Property and Lessor shall be entitled to institute an action for summary possession of the Property and may recover from Lessee or such other person or persons in such proceedings, the fair rental value of the Property for the use thereof from and after the date of forfeiture, plus costs, including Lessor’s reasonable attorneys’ fees; (C) Specific Performance. Lessor may institute suit to specifically enforce any of Lessee’s covenants hereunder, and the same may include redress by mandatory or prohibitive injunction; (D) Remedies Under the Uniform Commercial Code. Lessor shall have and Lessee hereby grants to Lessor, all of the rights and remedies contained in the Washington Uniform Commercial Code, RCW Title 62A, in effect as of the date of Lessee’s default and to the Moses Lake Council Packet 12-14-21, Page 114 of 200 Page | 12 extent such rights and remedies may be applicable to the type or types of collateral affected thereby; and/or (E) Unlawful Detainer Action. Lessor may pursue its rights and remedies under the unlawful detainer statutes, Chapter 59.12 RCW. All the foregoing remedies are cumulative and are not mutually exclusive and may be exercised in conjunction with each other to the extent permitted by law or in equity and shall be in addition to other rights or remedies granted by law or in equity for breach of this Lease. 27. NOTICE. Any notice, declaration, demand or communication to be given by a party to this Lease to the other shall be in writing and transmitted to the other party by certified U.S. mail, return receipt requested, postage fully prepaid, addressed as follows: To Lessor: City of Moses Lake 401 S. Balsam PO Box 1579 Moses Lake, WA 98837 To Lessee: Jake Jacobsen 8568 Dune Lake Rd. Moses Lake, WA 98837 The mailing and certifying of any such notice as herein provided shall be sufficient service thereof. All notices complying with this paragraph shall be deemed effective two (2) business days following the deposit thereof in the U.S. mail, irrespective of the date of actual receipt of such notice by the addressee. Either party may by notice change such address for notice and, if payments are not made to an escrow or collection account, Lessor may change the address for payments by notice and by causing a copy of such notice to be properly recorded. Moses Lake Council Packet 12-14-21, Page 115 of 200 Page | 13 28. PEACEFULLY HOLD. Lessor hereby covenants that upon Lessee paying the rent hereby reserved and observing and performing several covenants herein contained, Lessee shall peacefully hold and enjoy the Property during the term of this Lease. 29. SUBLEASE OR ASSIGNMENT. This Lease and the rights thereunder are personal to the Lessee, entered into on account of the knowledge and experience of the Lessee. Lessee shall not convey, transfer or assign this Lease or any interest in the Property, or any portion thereof, or enter into any sublease of all or any portion thereof, or enter into any sublease of all or any portion of the Property without first obtaining the written consent of Lessor. Which consent may or may not be given at the sole option and discretion of Lessor. On any such approved assignment or subletting, the Lessee and every person claiming under this Lease shall be and remain liable for the performance of all its obligations, with the Lessee remaining primarily liable to perform the same. On any violation or attempted violation of these provisions, then, at the Lessor’s option, this Lease may be declared in default and the Lessor, at its option, may terminate this Lease as provided herein. 30. ATTORNEYS’ FEES. If either party shall be in default under this Lease, the non- defaulting party shall have the right, at the defaulting party’s expense, to retain an attorney or collection agency to make any demand, enforce any remedy, or otherwise protect or enforce such party’s right under this Lease. The defaulting party hereby covenants and agrees to pay all costs and expenses so incurred by the non-defaulting party, including but without limitation, arbitration and court costs, collection agency charges, notice expenses, title search expenses, and reasonable attorneys’ fees (with or without arbitration or litigation), and the failure of the defaulting party to promptly pay the same shall cause a failure of cure of the specified default and shall in itself constitute a further and additional default of this Lease. In the event either party hereto institutes any action (including arbitration) to enforce the provisions of this Lease or for any cause arising out of this Lease, the prevailing party in such action shall be entitled to reimbursement from the losing party for all of its court costs and reasonable attorneys’ fees and fees or costs normally charged or advanced by such attorneys for items such as reports, photocopies, telephone Moses Lake Council Packet 12-14-21, Page 116 of 200 Page | 14 tolls, mileage, travel, boarding, expert fees, accounting fees or other advanced costs and fees, including such costs and fees that are incurred on appeal and in the enforcement in any judgment. All payments and reimbursements required by this paragraph shall be due and payable on demand, and may be offset against any such owed to the party so liable in order of maturity, and shall bear interest at the rate of twelve percent (12%) per annum from the date of demand to and including the date of collection or the due date of any such against which the same is offset, as the case may be. 31. NON-WAIVER. Any extension of time in payments or acceptance of part thereof or failure of Lessor to promptly enforce any breach of this Lease shall not be construed as a waiver on the part of Lessor of the strict performance of all of the terms, covenants, agreements or conditions herein, and shall not prejudice any of Lessor’s rights or remedies. 32. TIME OF ESSENCE. Time is specifically declared to be of the essence of this Lease and of the payment of all sums and the performance of all acts required to be done and performed by the parties hereto. 33. PARAGRAPH HEADINGS. The capitalized, bolded and underscored word or words appearing at the commencement of paragraphs and subparagraphs of this Lease are included only as a guide to the contents thereof and are not to be considered as controlling, enlarging or restricting the language or meaning of those paragraphs or subparagraphs. 34. NUMBER AND GENDER. The use of any gender or neutral term shall include all genders, and the use of any number shall be construed as singular or plural, as the case may require. The terms “Lessor” and “Lessee” refer to either the singular or the plural, as the case may be. 35. INVALIDITY. In the event any portion of this Lease should be held to be invalid by any court of competent jurisdiction, such holding shall not affect the remaining provisions hereof. In all provisions of this Lease where Lessee may be obligated to pay interest to Lessor, it is the intention of Lessor to charge a lawful rate of interest, and in the event it is determined by any court of competent Moses Lake Council Packet 12-14-21, Page 117 of 200 Page | 15 jurisdiction that any rate herein provided for exceeds the maximum permitted by law for the transaction of the character evidenced by these presents, the amount so determined to be above the legal rate shall be applied against principal due hereunder or, if such principals has been paid, or otherwise at the discretion of the then holder of this Lease, said excess shall be refunded to Lessee on demand without interest, and the interest rates specified hereunder shall be reduced to the maximum rate then permitted by law for the type of transaction to which this Lease pertains. 36. LEGAL RELATIONSHIP. The parties to this Lease execute the same solely as a landlord and a tenant. No partnership, joint venture or joint undertaking shall be construed from these presents, and except as herein specifically provided, neither party shall have the right to make any representations for, act on behalf of, or be liable for the debts of the other. All terms, covenants and conditions to be observed and performed by either of the parties hereto shall be joint and several if entered into by more than one person on behalf of such party, and a default by one or more of such persons shall be deemed a default on the part of the party with whom said person or persons are identified. Unless otherwise specifically provided herein, no third party is intended to be benefitted by this Lease. Any married person executing this Lease hereby pledges his or her separate property and marital communities in satisfaction hereof. 37. APPLICABLE LAW, CONSTRUCTION and VENUE. This Lease shall be governed and interpreted in accordance with the laws of the State of Washington. All documents or exhibits attached to this Lease are incorporated into and made a part of this Lease as though fully set forth. In the event of conflict between this Lease and any exhibits or documents attached hereto, the terms of this Lease shall be controlling. In the event this Lease is in conflict with the provisions of any law or statutes governing the subject matter hereof, such law or statute only to the extent of such conflict shall be controlling. The venue of any action brought to interpret or enforce any provision of this Lease shall be in Grant County, Washington. All sums herein referred to shall be calculated by and payable in the lawful currency of the United States. Moses Lake Council Packet 12-14-21, Page 118 of 200 Page | 16 38. ENTIRE AGREEMENT. This Lease contains the entire agreement of the parties hereto and, except for any agreements or warranties otherwise stated in writing to survive the execution and delivery of this Lease, supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. Neither Lessor nor Lessee shall be liable to the other for any representations made by any person concerning the Property or regarding the terms of this Lease, except to the extent that the same are expressed in this Lease. This Lease may be amended only by written instrument executed by Lessor and Lessee or their lawful successors and assigns subsequent to the date hereof. 39. EFFECT OF SIGNATURES. Each person signing below executes this Lease in his or her individual capacity and on behalf of any marital community of which he or she is a member, except where a signature is designated as a representative signature. It is further agreed that by the execution of this Lease all covenants, terms, conditions and agreements of this Lease shall extend and apply to and firmly bind the heirs, personal representatives, estates and successors and assigns of the parties as fully as the respective parties themselves are bound. 40. SCRUTINY. This Lease has been submitted to the scrutiny of all parties and their respective legal counsel, and shall be given a fair and reasonable interpretation in accordance with the words hereof without consideration or weight being given to its being drafted by or for one of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Lease the ____________ of _________________________________, 2021. LESSOR: LESSEE: CITY OF MOSES LAKE JAKE JACOBSEN By: ___________________________ By: ___________________________ Allison Williams, City Manager Moses Lake Council Packet 12-14-21, Page 119 of 200 ATTACHMENT B LEASE MAP CITY AIRPORT HAYBOY FARMS 28 ACRE LEASE Moses Lake Council Packet 12-14-21, Page 120 of 200 Page 1 of 2 STAFF REPORT To: Mayor Curnel, Council Members From: Allison Williams, City Manager Date: December 8, 2021 Proceeding Type: Old Business Subject: Stredwick Water Right Lease Back Legislative History: • First Presentation: PSA Assumption April 2021 • Second Presentation: December 14, 2021 • Action: Motion Overview Aspect Consulting has been working on the City’s behalf to identify and perfect water rights purchases on behalf of the City. They then have been working through a process with the City to put the water rights to active use. Water Right Certificate 848-D(A) (GRAN-21-11) is in the process of being purchased from Matt Stredwick, who assumed the City’s 9-24-20 purchase and sale agreement from Stan and Pamela Kaufmann. Matt Stredwick has requested to lease back the water right for the 2022 growing season. Staff reviewed lease rates from other similar leases and considered that staff time would also be required for the monitoring the water use per the agreement with the 10-28-21 Record of Decision regarding the associated Ground Water Certificate. Matt Stredwick has reviewed the lease-back agreement and staff is now requesting City Council approval. The timing for the lease back is appropriate as staff is working through the deployment plan for the new water rights. Fiscal and Policy Implications The lease consideration is $93.51 per acre foot for a total of $3,328.95 for the irrigation of 35.6 acres. Lessee’s water use must not exceed 358 gallons per minute and 146.78 acre-feet per year. Water may be used from April 1 to October 31 and must remain consistent with the water right authorization from the Department of Ecology. The lease will be monitored by the City’s water division. Council Packet Attachment A. Lease Agreement Moses Lake Council Packet 12-14-21, Page 121 of 200 Page 2 of 2 Finance Committee Review Agenda review by Finance Committee - 12/14/21 Legal Review Type of Document Title of Document Date Reviewed Lease Agreement to Lease Water for the 2022 Irrigation Season December 2021 Options Option Results • Approve the lease agreement Stredwick would utilize water for 2022 growing season • Provide staff with changes Staff would follow requested changes • Take no action The water right would not be leased. Action Requested Motion to authorize the City Manager to execute the lease agreement as presented. Moses Lake Council Packet 12-14-21, Page 122 of 200 Agreement to Lease Water for the 2022 Irrigation Season This Agreement to Lease Water for the 2022 Irrigation Season (“Lease Agreement”) is made and entered into this 14th of December, 2021 (“Lease Effective Date”) by and between City of Moses Lake, a non-charter code City of the State of Washington, (“the City”) and , Stredwick Land LLC, A Washington limited liability company (“Lessee”). The City and Lessee are collectively referred to herein on occasion as the “Parties.” Recitals: 1. The City has purchased water rights from Lessee pursuant to a Water Right Purchase and Sale Agreement dated September 24, 2020 which are further described as: A legally established Water Right described by the Department of Ecology as Certificate 848-D with change 1139 and 1-3-422 and further identified through the October 28, 2021 Department of Ecology Record of Decision re Ground Water Certificate No. 848-D(A) (GRAN-21-11 (hereinafter “the Water Rights”); 2. The Lessee desires to lease the Water Rights for the 2022 irrigation season; 3. The City has established the fair market lease rate at $93.51 per acre which includes City monitoring of the water use; and 4. Lessee wishes to the lease the City’s Water Rights from the City and the City wishes to lease the City’s Water Rights to Lessee for the 2022 irrigation season. Agreement: In consideration of the foregoing and of the mutual covenants hereinafter set forth, the Parties agree as follows: 1. Recitals. The foregoing recitals are true, correct and incorporated into this Lease Agreement by this reference. 2. Term of Agreement. The term of this Lease Agreement shall commence on the Effective Date and continue through October 31, 2022 (“Agreement Term”). 3. Lease Terms and Rate. City agrees to lease to the Lessee water right G3-CV1-3P422 (848-D(A)) at a cost of $93.51 per acre or a total of $3,328.95 for the irrigation 35.6 acres. Lessee’s use of the water must not exceed 358 gallons per minute and 146.78 acre-feet per year. Water may be used from April 1st to October 31st. and is limited to the irrigation of crops. The Lessee’s use of the water must remain consistent with the original water right authorization, including the following conditions: An approved measuring device shall be installed and maintained for each of the sources identified herein in accordance with the rule 'Requirements for measuring and Reporting Water Use', Chapter 173-173 WAC. Water use data shall be recorded weekly and shall be submitted annually to Ecology by January 31, each year. Total annual volume and peak rate of withdrawal (gpm) shall be reported. The place of use where irrigation can occur must remain consistent with the following: Moses Lake Council Packet 12-14-21, Page 123 of 200 Place of use: A portion of the E½NW¼ and NE¼SW¼ of Section 21, T. 19 N., R. 27 E.W.M. Grant County, Washington, described as follows: THAT PORTION OF THE E½NW¼ AND THE NE¼ SW¼ OF SECTION 21, T. 19 N., R. 27 E.W.M. LYING NORTH AND WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTH QUARTER OF SAID SECTION; THENCE SOUTH 00°43'10" WEST, FOLLOWING THE NORTH BOUNDARY OF SAID SECTION, 34.66’, TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY BOUNDARY OF USBR CANAL W 20 LWW; THENCE FOLLOWING SAID RIGHT-OF- WAY THROUGH THE NEXT SIXTEEN (16) COURSES, SOUTH 23°20'00" EAST, 456.69’; THENCE FOLLOWING A TANGENTIAL CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 37°44'00", A RADIUS OF 103.20’, 67.96’; THENCE SOUTH 14°24'00" WEST, 240.73’; THENCE SOUTH 75°36'00" EAST, 9.65’; THENCE SOUTH 22°55'00" WEST, 422.78’; THENCE NORTH 67°05'00" WEST, 170.00’; THENCE SOUTH 22°55'00" WEST, 150.00’; THENCE NORTH 67°05'00" WEST, 200’, THENCE SOUTH 22°55'00" WEST, 106.94’; THENCE SOUTH 10°55'00" WEST, 448.79’; THENCE SOUTH 35°25'00" WEST, 1,041.47’; THENCE SOUTH 49°43'00" WEST, 762.82’; THENCE NORTH 40°17'00" WEST, 250.00’; THENCE SOUTH 49°43'00" WEST, 126.56’; THENCE SOUTH 59°06'00" WEST, 857.93’, TO AN INTERSECTION WITH THE WEST BOUNDARY OF SAID SECTION. AND EXCEPT PARCEL 161473000 BEING DESCRIBED AS FOLLOWS: THE WEST 182’ OF THE NORTH 720’ OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 19 NORTH, RANGE 27 E. W.M. 4. City’s Representations Regarding Availability of Water for Lessee’s Proposed Use. The City provides no warranties with the regard to the use of the City’s Water Rights for Lessee’s proposed water use beyond reference to Department of Ecology’s Record of Examination decision issued on October 28, 2021, which includes the following language: “The City may enter into an agreement with the previous owner of the water right at the original place of use and point of withdrawal in transitioning to the new purpose of use. The development schedule would allow one (1) year of water use at the original location for the 2022 irrigation season. If both parties come to agreement on a lease of the water right during this one year transition, the City of Moses Lake would not use any water under this authorization and during the lease agreement. Ecology will be notified and provided a copy of the agreement. Metering of the well at the original point of withdrawal will be required and water use records provided to Ecology at the conclusion of the irrigation season.” 5. Lessee’s Obligations. Lessee is responsible for obtaining all additional necessary permissions needed from the Washington State Department of Ecology to use the City’s Water Rights for the 2022 irrigation season. Lessee shall be responsible for coordinating the installation of an appropriate meter with the City and shall further be responsible for providing the required water use records to the City and Ecology at the conclusion of the irrigation season but in any event no later than November 15, 2022. 6. Notice. Any notice or communication required by this Agreement between the City and Lessee shall be given to the addresses set forth below: Moses Lake Council Packet 12-14-21, Page 124 of 200 Lessee: Stredwick Land, LLC 6573 HWY 283 N. Ephrata, WA 98823 The City: City Manager 401 S. Balsam St. PO Box 1579 Moses Lake, WA 98837 7. Advice of Counsel. The parties acknowledge they have had the opportunity to consult with their own legal counsel regarding this Agreement. 8. Entire Agreement; Modifications. This Lease Agreement constitutes the entire agreement of the City and Lessee with respect to the Lease of the City’s Water Rights. Any prior correspondence, letters of intent, memoranda, understandings, offers, negotiations and agreements, oral or written, other that the Lessee PSA, are replaced in total by this Lease Agreement. This Lease Agreement may not be modified or amended except by a written instrument signed by both parties. 9. Counterparts/Facsimile Execution. This Lease Agreement may be executed in any number of counterparts, each of which will be an original, but all of which will constitute one contract, binding on the City and Lessee, even though the signatures of all parties may not appear on any one counterpart. For purposes of this Agreement, original instruments or telephonic or electronic mail facsimiles in any number of counterparts, all of which together shall constitute one and the same of a signed counterpart of this Lease Agreement. 10. Construction. This Lease Agreement will be governed by and construed under the laws of the State of Washington. The captions and paragraph titles used in this Agreement are for reference only and will not be used in the interpretation of this Agreement or any related document. If any provision of this Agreement is determined to be illegal, void or unenforceable, such determination will not affect any other provision of this Agreement and all such other provisions will remain in full force and effect. 11. Governing Law; Venue. This Lease Agreement shall be interpreted, construed and enforced according to the laws of the State of Washington and venue for any disputes arising under this Agreement shall be in Grant County Superior Court, Washington State. 12. Assignment; Successors. Neither the City nor Lessee may sell, transfer, assign, pledge or encumber its interest in this Lease Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. A purported sale, transfer, assignment, pledge or encumbrance without prior written consent of the other party shall be null and void and of no force or effect. Subject to the restrictions contained herein, the rights and obligations of the City and Lessee shall inure to the benefit of and be binding upon their respective estates, heirs, executors, administrators, successors, successors-in- trust and assigns. 13. Amendment. This Agreement may not be modified or amended except by the written agreement of the Parties. This Lease Agreement has been signed by the City and Lessee as of the Effective Date. Moses Lake Council Packet 12-14-21, Page 125 of 200 CITY OF MOSES LAKE LESSEE ______________________________ ________________________________ Allison Williams, City Manager Matt Stredwick, Co-Manager ________________________________ Amanda Stredwick, Co-Manager Moses Lake Council Packet 12-14-21, Page 126 of 200 Page 1 of 3 STAFF REPORT To: Mayor and Council From: Allison Williams, City Manager Date: December 6, 2021 Proceeding Type: Old Business Subject: Grant County Court Municipal Court Services Interlocal and MLMC Amendments to Penalties and Fines Legislative History: • Current Presentation: December 14, 2021 • Action: Motion x 3 Overview The City signed the former Interlocal Agreement with Grant County in 2003 which established the actual appearance and judgement of contested citations for a flat annual fee. All in-person government services were shut down In March 2020 due to the COVID pandemic for a period of nearly four months. The City received a letter from Grant County District Court in July of 2020 to cancel our court services due to their interpretation of GR29(f) requiring a separation in legislative and executive branch operations. The interpretation identified that the filing of infractions could not take place outside of District Court or be delegated, thus requiring the work to be done by the Court. City staff and the City Attorney (who represents a number of Grant County cities also impacted by this decision) worked through a number of scenarios including hiring a clerk to be employed by the Court to represent the cities. In the end, after 15 months of negotiations, two new District Court Judges were appointed, and staff were able to negotiate a palatable agreement for services. Staff provided periodic updates to Council and received authorization on May 11, 2021, to establish a temporary amnesty program to reduce the backlog of hundreds of contested hearing requests for photo enforcement infractions. Council authorized temporary extensions of the program on June 22 and September 14. Staff is also recommending Council consider increasing associated costs for the County to process notices of infraction and collect all fines and penalties, to offset the impact to the General Fund. MLMC 1.08.030 fines have not been increased since 2006, which were then nearly doubled from the prior amounts established in 1994. MLMC 10.48.070 penalties were last changed in 2008, an increase of $11.00 after one year of being established with just one rate changing to a tiered penalty. Moses Lake Council Packet 12-14-21, Page 127 of 200 Page 2 of 3 Fiscal and Policy Implications The estimated cost of the new filing fees required for the District Court to provide these services has been accounted for in the 2022 Budget. The proposed increases to fines and penalties will help offset the new fees for court services from Grant County in order to lessen the impact to the General Fund. Staff has been working to make General Fund expenditures supported by ongoing revenue sources. Council Packet Attachments A. Grant County Interlocal Agreement for Municipal Court Services B. Draft Ordinance to increase MLMC 1.08.030 Civil Infraction Penalties C. Draft Ordinance to increase MLMC 10.48.070 Stoplight and Speeding Fines Finance Committee Review December 14, 2021 Legal Review Type of Document Title of Document Date Reviewed Interlocal Agreement DRAFT Grant County Services for Municipal Court Infractions August- November 29, 2021 Ordinance Amend MLMC 1.08 for Civil Infraction Penalties November 29, 2021 Ordinance Amend MLMC 10.48 for Stoplight and Speeding Fines November 29, 2021 Options Option Results • Authorize Interlocal Agreement and Adopt Ordinances as presented Municipal Court Services will resume for the first time in nearly two years. • Provide staff with changes The documents may be able to be approved as amended or may require further negation with Grant County. • Take no action Municipal Court Services will continue to be backlogged. Moses Lake Council Packet 12-14-21, Page 128 of 200 Page 3 of 3 Three Actions Requested 1. Authorize the City Manager to execute the Interlocal Agreement for Municipal Court Services as substantially complete. 2. Adopt Ordinance to amend the penalties for civil infractions as presented. 3. Adopt Ordinance to amend the fines for stoplight and speeding infractions. Moses Lake Council Packet 12-14-21, Page 129 of 200 THIS AGREEMENT made by and between GRANT COUNTY, duly organized and operating under and by virtue of the Constitution and the laws of the State of Washington, hereinafter referenced to as the "COUNTY" and the CITY OF MOSES LAKE, a municipal corporation of the State of Washington, hereinafter referred to as the "CITY", for the provision of court services to the City's Municipal Department of the Grant County District Court. RECITALS: WHEREAS, the CITY has previously petitioned the COUNTY to establish a municipal department of Grant County District Court; and WHEREAS, the organization of the CITY's Municipal Department was incorporated into Grant County's District Court Districting Plan; and WHEREAS, the municipal department for the CITY was created by the COUNTY, known as the Municipal Department of the CITY of MOSES LAKE (hereinafter referred to as “municipal court”; and WHEREAS, the CITY and COUNTY previously entered into an Interlocal Agreement dated December 28, 2004, to utilize the services of the COUNTY's District Court judges to hear cases on violations of the CITY's civil ordinances, hereinafter referred to as the “2004 ILA”; WHEREAS, the CITY desires to continue to utilize the services of the COUNTY's District Court judges to hear cases on violations of the CITY's civil ordinances, and no other matters except as conferred by statute; and WHEREAS, the CITY desires to now utilize the services of the COUNTY's District Court clerks to serve as municipal court clerks in order to file and process cases on violations of the CITY's civil ordinances, and no other matters except as conferred by statute; and WHEREAS, the parties desire to enter into an agreement amending the 2004 ILA and further defining their rights, duties, and liabilities relating to the utilization of the COUNTY's District Court judges and clerks to process and hear cases on violations of the CITY civil ordinances and no other matters except as conferred by statute; and WHEREAS, the purpose of this Agreement is to provide the CITY with Municipal Court services for the adjudication of violations of CITY civil ordinances and establish a basis for identifying costs, revenues, fines, fees and responsibilities of both parties hereto; and WHEREAS, the Municipal Court services to be provided by the COUNTY are expressly restricted to the provision of a District Court judge and Municipal Court clerk. INTERLOCAL AGREEMENT BETWEEN THE CITY OF MOSES LAKE AND GRANT COUNTY FOR THE PROVISION OF COURT SERVICES WITHIN THE MUNICIPAL DEPARTMENT OF THE DISTRICT COURT Moses Lake Council Packet 12-14-21, Page 130 of 200 NOW, THEREFORE, for and in consideration on the mutual covenants, agreements, and stipulations contained herein, the CITY and the COUNTY hereby agree as follows: 1. MUNICIPAL COURT SERVICES. Commencing from the time this agreement is executed, Grant County shall provide timely and efficient court services in the CITY’s Municipal Court for all civil municipal court cases. a. The COUNTY’s Responsibilities. The following court services shall be provided by the COUNTY under this Agreement: 1. Municipal Court Judges and Presiding Judge. The District Court Judges, the Presiding Judge, and the Commissioner shall continue to preside over the Municipal Departments cases pursuant to RCW 3.46.060. Costs contemplated by RCW 3.46 et seq., and the Grant County District Court Districting Plan 2013 are included in the costs provided for in this Agreement. 2. Court Staff. The COUNTY shall provide court clerks necessary to timely and efficiently process all civil municipal cases filed by the CITY. Court clerks will not be considered city employees. 3. Supplies and Forms. The COUNTY shall provide all court forms and paperwork necessary for the processing of the CITY’s municipal court cases. 4. Language Interpretation. The COUNTY shall provide and pay for all language interpretation services for the CITY’s municipal court civil defendants. 5. Collection and Remittance of Fines and Collection for Nonpayment. The COUNTY will collect, receipt, and remit all municipal infraction fees, fines, assessments, and penalties to the CITY on a monthly basis. The COUNTY will, through the same collection process used for the COUNTY District Court cases, collect all fines, fees, and assessments for the CITY’s Municipal Court civil cases and remit those fines, fees, and assessments to the CITY on a monthly basis. The COUNTY shall provide collection reports to the CITY on a quarterly basis. Pursuant to CITY municipal code, at no time shall any CITY fine, fee, or assessment be suspended, deferred, mitigated, waived, or reduced by the COUNTY. 6. Property. The cost of all real and personal property used in the performance of the COUNTY’s duties under the terms of this Agreement shall be the sole responsibility of the COUNTY. Moses Lake Council Packet 12-14-21, Page 131 of 200 7. Court Scheduling. The scheduling of court proceedings for the CITY Municipal Court is controlled by the COUNTY District Court and the Presiding Judge. However, the COUNTY District Court agrees to schedule the CITY’s civil matters separately from similar matters instituted by other jurisdictions and court proceedings shall be scheduled at least once per month. 8. File Management and Retention. The COUNTY District Court shall manage and retain court case files for the CITY’s Municipal Court for all cases filed under this agreement. Files shall be managed and retained in accordance with procedures established by the Supreme Court Rules, Judicial Information System policies, Washington State Archives and District Court policies. 9. Facilities. The COUNTY District Court agrees to provide facilities at the COUNTY District Court facilities for CITY Municipal Court civil proceedings. 10. Miscellaneous. The COUNTY shall provide services that are required by law for the function of the CITY Municipal Court. b. The CITY’s Responsibilities. 1. Prosecution. The CITY shall be responsible for providing and paying for all prosecution services for all cases filed on its behalf. 2. Notice of Infractions. All Notices of Infraction issued by the CITY must be filed with the Grant County District Court pursuant to IRLJ 2.2(d). See also IRLJ 1.2(a)–(b) (definitions for “Infraction Case” and “Notice of Infraction”). 3. Receipt for Remittance Upon receiving the remittance from the COUNTY, the CITY shall provide a remittance receipt to the court within thirty (30) days. 4. File Management and Retention Infraction Cases Prior to Agreement. All infraction records under GR 31 and GR 31.1 prior to this agreement shall be managed and retained by the CITY. Files shall be managed and retained in accordance with the procedures established by the Supreme Court Rules, Judicial Information System policies, Washington State Archives and District Court policies. Moses Lake Council Packet 12-14-21, Page 132 of 200 2. COSTS AND REVENUE. a. The COUNTY District Court will send invoices to the CITY for each quarter. The quarters being January–March, April–June, July–September, and October–December. The COUNTY District Court will send the invoice for a quarter within 45 days of the end of a quarter. The CITY will be responsible to pay the invoice within 30 days of receipt of the invoice. b. For the year 2021, the fee schedule currently in place will remain the same. Any payments made by the CITY for the months of July, 2020, through the time of execution of this Agreement (during which time municipal court operations were suspended) shall be credited against the 2022 invoices. c. Starting January 1, 2022, the CITY shall pay the COUNTY District Court at the following rates: i. Automated traffic camera infractions (Redflex): $15.00 per case filed. ii. All other civil infractions: $30.00 per case filed. The COUNTY District Court shall bill the CITY in accord with paragraph 2(a) above and shall note on each invoice the number of infractions for which the CITY is being charged. The Fee may be reviewed and renegotiated by the COUNTY and CITY on a yearly basis after the first year. The fees must be negotiated in October starting October 1st using the Dispute Resolution process hereunder. d. All fines, fees, costs, and assessments shall be collected and accounted for by Grant County District Court staff in accordance with Chapter 3.62 of the RCW and any other applicable laws and paid to the CITY along with an accounting thereof, monthly. 3. GENERAL PROVISIONS. a. This Agreement shall not be construed as or deemed to be a contract for the benefit of any third party or parties and no third party or parties shall have any right to action hereunder for any cause whatsoever. b. No agent, employee, servant, or representative of the CITY shall be deemed to be an employee of COUNTY for any purpose and no employee of COUNTY or of the District Court shall be deemed an employee of the CITY. c. Each party to this Agreement shall act in good faith and shall aid and assist the other in accomplishing the objective of this Agreement. d. This Agreement, upon execution by all parties, supersedes and amends the 2004 Interlocal Agreement and any other prior contracts and agreements (oral or written) for the District Court’s assumption of Municipal Court services between the CITY and the COUNTY. Provided, however, that this Agreement does not affect that Moses Lake Council Packet 12-14-21, Page 133 of 200 Interlocal Agreement Between the CITY and COUNTY for Provision of Services for Misdemeanor Offenses Committed by Adults, executed between the parties in September, 1998. 4. MODIFICATION. No change or additions to this Agreement shall be valid or binding upon either party unless such change or addition is in writing, signed by both parties. In the event the CITY and the COUNTY cannot agree upon issues related to modification or renewal of this Agreement, the Parties shall follow the Dispute Resolution clause hereunder. 5. TERM. This Agreement shall become effective commencing the ___ day of _____, 2021, and shall continue in effect through the ___ day of ________, 2026. This agreement will continue in force for subsequent years on the terms specified herein unless other terms are negotiated within 90 days prior to the end of the calendar year. 6. NOTICE. Any notice required to be given by either party to the other shall be deposited in the United States mail, postage prepaid, addressed to the COUNTY at: Grant County District Court Court Administrator PO Box 37 Ephrata, WA 98823 Or to the CITY, at: City Clerk City of Moses Lake PO Box1579 Moses Lake WA 98837 Or at such other address as either party may designate to the other in writing from time to time. All notices to be given with respect to this Agreement shall be in writing. Every notice shall be deemed to have been given at the time it shall be deposited in the United States mail in the manner prescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. 7. TERMINATION. a. CITY: The CITY may terminate this Agreement by providing the Court Administrator with written notice of its intent to disband its Municipal Department, no less than one (1) year prior to _________st of the year in which all Grant County Moses Lake Council Packet 12-14-21, Page 134 of 200 District Court judges are subject to election. PROVIDED: the CITY may only terminate its Municipal Department at the end of a four (4) year judicial term. b. COUNTY: The COUNTY may terminate this Agreement by providing council for the CITY written notice at least one (1) year prior to the date of the intended termination. c. MUTUAL AGREEMENT: The parties may agree to terminate this Agreement upon mutual agreement. d. Termination of this Agreement shall not affect any case, proceeding, appeal, or other matter pending in the Municipal Court, or in any way modify any right or liability, civil or criminal, which may be in existence on the effective date of termination by either the CITY or the COUNTY. e. In the event of termination of this Agreement any and all funds owed to the COUNTY at said termination date shall be paid by the CITY and all fines and costs collected by the COUNTY shall be paid to the CITY. Should the amount owed be disputed, the CITY and COUNTY agree to use the Dispute Resolution clause hereunder. f In the event of the termination of this Agreement all cases filed in the CITY Municipal Court shall be returned to the CITY. 8. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 9. DISPUTE RESOLUTION. If Parties have a dispute under this Agreement, upon one of the parties formally invoking this clause, the Parties must try to settle the dispute through good faith negotiations within 30 days. Upon agreement by the parties, the time for good faith negotiations may be extended. To formally invoke the dispute resolution clause, the Party wishing to invoke the clause must serve the other Party notice via certified mail. The time for negotiations will begin three days after the certified mail is sent. If the Parties fail to reach a resolution at the end of the 30 days, or agreed upon time, for negotiations, the disputed matter(s) must be submitted to mediation. The Parties must try to settle the dispute in good faith through mediation within a 60 day period. The parties may agree to extend this time for mediation. Costs related to mediation shall be mutually shared between the Parties. If after 60 days, or the time agreed to by the Parties, for good faith mediation the Parties fail to reach a resolution, the Parties may proceed to litigation. Moses Lake Council Packet 12-14-21, Page 135 of 200 10. JURISDICTION AND VENUE. Any litigation arising out of this Agreement shall be submitted to the Superior Court of the State of Washington for Kittitas County. 11. INDEMNIFICATION. a. Each party shall indemnify and hold harmless the other, its officers, agents, judges elected officials, appointed officials and employees from all liability, loss of damage, including costs of defense they may suffer as a result of claims, demands, actions, damages, costs of judgements which result from each party’s own intentional or negligent acts relating to services provided pursuant to this Agreement. b. In the event that both the COUNTY and the CITY are negligent in a matter arising out of the activities of the parties pursuant to this Agreement, each part shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses including costs and reasonable attorney’s fees. c. The CITY also agrees to fully indemnify the COUNTY and Grant County District Court for any and all State and Federal audit finding(s) for activities that occurred prior to execution of this Agreement and/or for any audit finding(s), including costs to defend any audit operations that occurred prior to the implementation of assumption of court services by Grant County District Court on behalf of the CITY. 12. INVALIDITY. Any provision of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any of the other provisions hereof and such other provisions shall remain in full force and effect despite such invalidity or illegality. EXECUTED this _________ day of _______________, 2021. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Cindy Carter, Chair Danny Stone, Vice Chair Rob Jones, Member Moses Lake Council Packet 12-14-21, Page 136 of 200 APPROVED BY: The Honorable Brian D. Barlow Date Grant County District Court Presiding Judge ATTEST: Barbara Vasquez, Clerk of the Board CITY OF MOSES LAKE, WASHINGTON: _______________________________ Allison Williams Date City Manager APPROVED AS TO FORM: ________________________________ Katherine Kenison, City Attorney Date City of Moses Lake Rebekah M. Kaylor, # 53257 Date Deputy Prosecuting Attorney Grant County Prosecutor’s Office P.O. Box 37 Ephrata, WA 98823 509-754-2011 rmkaylor@grantcountywa.gov Moses Lake Council Packet 12-14-21, Page 137 of 200 ORDINANCE 2996 AN ORDINANCE AMENDING THE MOSES LAKE MUNICIPAL CODE SECTION 1.08.030 TITLED “PENALTIES FOR CIVIL VIOLATIONS—DESIGNATED” Recitals: 1. The Grant County District Court is increasing the costs to process municipal infractions. 2. There is a corresponding need to adjust the infraction penalties to reflect those increases. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Moses Lake Municipal Code Section 1.08.030 titled “Penalties for Civil Violations -- Designated” is amended as follows: 1.08.030 Penalties for Civil Violations - Designated: The following specific, non-deferrable, non-suspendable civil penalties may be adopted by categorical reference in other sections of this code as a specific civil penalty to be imposed for a civil violation of the sections specified: Category Penalty C-1 Not less than $1,000 1,030 C-2 Not less than $800 830 C-3 Not less than $600 630 C-4 Not less than $500 530 C-5 Not less than $400 430 C-6 Not less than $360 390 C-7 Not less than $200 230 C-8 Not less than $180 210 C-9 Not less than $170 200 C-10 Not less than $160 190 Moses Lake Council Packet 12-14-21, Page 138 of 200 C-11 Not less than $140 170 C-12 Not less than $120 150 C-13 Not less than $100 130 C-14 Not less than $80 110 C-15 Not less than $70 100 C-16 Not less than $60 90 C-17 Not less than $50 80 C-18 Not less than $40 70 C-19 Not less than $30 60 C-20 Not less than $25 55 C-21 Not less than $20 50 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. 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 December 14, 2021. ________________________________________ David Curnel, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Moses Lake Council Packet 12-14-21, Page 139 of 200 Martinez Liebrecht Myers Jackson Curnel Eck Hankins Vote: Date Published: December 20, 2021 Date Effective: December 25, 2021 Moses Lake Council Packet 12-14-21, Page 140 of 200 ORDINANCE 2997 AN ORDINANCE AMENDING THE MOSES LAKE MUNICIPAL CODE SECTION 10.48.070 TITLED “FINES” Recitals: 1. The Grant County District Court is increasing the costs to process municipal infractions. 2. There is a corresponding need to adjust the infraction penalties to reflect those increases. 3. The maximum penalty allowed by state law is $250. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Moses Lake Municipal Code Section 10.48.070 titled “Fines” is amended as follows: 10.48.070 Fines A. The fine for stoplight infractions committed pursuant to the provisions of this chapter shall be one hundred and twelve twenty seven dollars ($1127). B. The fine for school speed zone infractions committed pursuant to the provisions of this chapter shall be as follows: MPH Over Posted Speed Penalty Amount 1-10 $112 127 11-15 $132 147 16-20 $173 188 21-25 $224 239 26 or more $250 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. 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 December 14, 2021. Moses Lake Council Packet 12-14-21, Page 141 of 200 _____________________________________ David Curnel, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Liebrecht Myers Jackson Curnel Eck Hankins Vote: Date Published: December 20, 2021 Date Effective: December 25, 2021 Moses Lake Council Packet 12-14-21, Page 142 of 200 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Gail Gray, Interim Finance Director Date: December 14, 2021 Proceeding Type: Old Business Subject: Resolution to Adjust the 2022 Fee Schedule Legislative History: •First Presentation: November 23, 2021 •Second Presentation: December 14, 2021 •Action: Motion Overview This resolution would approve the new 2022 Fee Schedule for all charges. Parks fees have been adjusted to reflect the 2022 increase in the minimum wage rate to $14.49 per hour which will greatly impact the cost of seasonal temporary support. Please see the attachment for Parks Ice Rink Pricing Staff Report for a more detailed explanation of those fee increases. Community Development fees have been adjusted to consider the average staff cost to take a land use decision file through the regulatory requirements applicable to the project. At the November 9th meeting, Council asked to have more information on the community development fees increases. The memo following this memo identifies the justification for the increases, provides the fees from other cities, and at the request of Council offers a three-year phase in of the rates. Finance associated fees remain unchanged. Municipal Service fees are greatly unchanged except for incorporating new fee structure for plan/report review and ROW appraisals where third party expertise would be required. A domestic water rights charge was also incorporated based on a per lot subdivision fee as required by code at a minimum of 1 ERU (equivalent residential unit equal to .6-acre foot of domestic water use) at $1,200. Fire permit fees were updated by polling other agencies in our region and cross referencing these to the adopted state fire code to establish permit fees for permits required under the International Fire Code as adopted by RCW 19.27 and as amended by the Washington State Building Code Council. New fees being requested in ambulance for treatment on scene with no transport is the result of a newly allowable charge under Medicare rules which most insurance carriers follow. The amount chosen was based on a statewide survey provided by our billing company. Moses Lake Council Packet 12-14-21, Page 143 of 200 Page 2 of 2 Utility Fees are based on the prescribed adjustment identified by FSA (deletions and new classifications adjusted to schedule) and applying the CPI uniformly over the rates as identified. In accordance with Council direction given in November of 2016, basic utility fees are being adjusted to keep up with inflationary increases, by applying the year-over-year increase in September’s All Urban Consumers (CPI-U) West—B/C (i.e., small cities) index of 6.16%. Fiscal and Policy Implications Since we have previously established by ordinance that the appropriate way to modify the City’s fee schedule is by resolution, that is how we are setting the fees to be effective January 1, 2022. These fees were used to develop the revenue estimates that are the basis of resources available to accomplish the 2022 budget that was presented to Council at the November 9, 2021, Budget Study Session, and the first public hearing. Options Option Results • Adopt the Resolution The 2022 Fee Schedule will be effective January 1, 2022 • Modify the Fee Schedule Provide staff with specific changes, which would then need to be approved at the December 14 meeting (still to be effective 1/1/22) • Take no action The Fee Schedule would remain unchanged, and the revenue estimates used in the 2022 budget may not be attained. Council Packet Attachments A. Park’s Ice Rink Pricing Memo B. Community Development Fee Analysis Memo C. Resolution Fee Schedule including Schedule A Sanitation charges Finance Committee Review – n/a Legal Review – n/a Staff Recommendation Staff recommends City Council adopt the resolution to modify the 2021 Municipal Fee Schedule. Moses Lake Council Packet 12-14-21, Page 144 of 200 Page 1 of 1 STAFF REPORT To: Allison Williams, City Manager From: Susan Schwiesow, Parks, Recreation & Cultural Services Director Date: December 7, 2021 Subject: 2022-2023 Ice Rink Fees Overview The Moses Lake Ice rink season operates from November of one year to February of the next year, therefore fees will not take effect until November of that year. The Ice Rink daily admission and skate rental have not be increased since the 2018-2019 season. Our department has operated on the same fees for three (3) years at the current rate. There has been minimum wage increases each of those years and we maintained our current fee structure. Minimum wage will be increasing by $0.80 cents for 2022. Our cost has focused on skate rentals, we have seen a decline in skate rentals as many families and individuals have purchased their own skates. Our Recreation Supervisor, Tom Los, researched what other ice rinks, both city and privately owned, were charging for admission and skate rental. What we discovered, was that all of the ice rinks charged more for admission and less for skate rental. So, between minimum wage increases and our research of ice rinks, we felt it was time to redevelop our admission structure. If you consider the total cost to skate for an admission and skate rental that cost only increased by $1.00. If just paying for an admission cost, yes, this has increased by $2.00/$3.00. Again, we are looking at the cost of minimum wage and aligning our policies with other ice rinks around the state. Year Adult Admission Skate Rental Youth Admission Skate Rental Senior Admission Skate Rental 2019-2020 $4.00 $6.00 $3.00 $6.00 $3.00 $6.00 2020-2021 $4.00 $6.00 $3.00 $6.00 $3.00 $6.00 2021-2022 $4.00 $6.00 $3.00 $6.00 $3.00 $6.00 2022-2023 $7.00 $4.00 $6.00 $4.00 $6.00 $4.00 Action Requested Moses Lake Parks, Recreation & Cultural Services staff recommends Council to approve the Ice Rink fee structure. Moses Lake Council Packet 12-14-21, Page 145 of 200 STAFF REPORT To: Allison Williams, City Manager From: Melissa Bethel, Community Development Director Date: December 8, 2021 Overview The City must issue decisions/permits based on regulations and codes, and by issuing the permit, the City acknowledges regulations and codes have been followed. It is the general policy of the City to establish fees that are reflective of the cost of services provided by the City. Updating fees for City programs, permits and services is necessary because the level of effort set forth by staff typically goes beyond the fees collected and thus the City is acquiring additional costs to conduct business not embedded in the existing fee schedule. Staff conducted an analysis of regulatory requirements and interpreting codes to determine whether a project is exempt from the State Environmental Policy Act, the Shorelines Management Act/Shoreline Master Program, Critical Areas Ordinance, Floodplains/Floodways, and identifying applicable permits are not represented in the current fee schedule. Currently, the City is covering costs typically the responsibility of developers. The average staff cost to take a land use decision file from application to decision is substantial and calculations are arrived by using averages of staff time per hour for applications. Fiscal and Policy Implications The fiscal implication is the City (and by extension- the taxpayers) is covering the “overflow” costs of developers instead of the costs being the responsibility of the developer. Policy implication includes using public dollars to cover additional costs to the City to support development within the City. In other words, the existing fee schedule relies on the City to be fiscally responsible for a portion of developer fees. Typically, several departments and employees spend time commenting on development applications. Most files require work from up to nine staff members. When routed, the average staff time spent reviewing a file range between $840.00 - $1088.63. Staff is proposing a 3-year phased in approach to bring the cost of applications to current rates. Because rates are increased at different percentages, the difference of the current rate and proposed rate was simply divided by three and then added to the current fee. For example: Variance: Current Fee $100.00. Proposed Fee $1650.00. Difference: $1550.00/3 = $516.00 New Proposed Fee: $616.00 Attached is a fee comparison sheet with comparable cities. Moses Lake Council Packet 12-14-21, Page 146 of 200 Fee Comparison Schedule: Represents fees most impacted by the increase Application ML Current fee ML Proposed fee Leavenworth Pop 2,067 Tumwater Pop 24,742 Quincy Pop 8,537 Bonney Lake Pop 22,487 Kennewick pop 83,921 Richland Pop 60,560 Annexation $400.00 $766.00 $300.00 + actual costs $200.00 per acre max $4,000.00 $500.00 $548.00 $1235.00 Appeals $350.00 $733.00 $548.00 $1500.00 $1,000 $548.00 $565.00 Boundary Line Adjustment $250.00 $333.00 $300.00 $450.00 $300.00 $1,950.00 $219.00 $215.00 Environmental Impact Statement $500.00 $666.00 $1000.00 $880.00 + costs $1000.00 + actual costs $2,000 + cost Conditional Use Permit $1,000 $1,216.00 $1,650.00 $2,090.00 $650.00 $1,500.00 1,094.00 $445.00 Development Agreement $1,500.00 $1,600.00 $1,800.00 $1,800.00 $1,500.00 + $750.00 for amendments Planned Unit Development $1,000 1216.00 + $50.00 per lot $1650.00 + $50.00 per lot $2,750.00+ $38.50 per lot $1,650.00 + $50.00 per lot N/A $1,094.00 $3,285.00 ROW Vacation $200.00 $300.00 $100.00 $450.00 $100.00 $1,400.00 Shoreline Management (includes exemption) $100.00 $150.00 $200.00 $100.00 $200.00 $274.00 $380.00 Substantial Development (Shoreline)/CUP $200.00 $300.00 $300.00 $1,600.00 $2,200.00 $1,642.00 $1,350.00 Major Subdivision (9 plus lots) $500.00 $883.00 + $50.00 per lot $1,650.00 + $50.00 per lot $2,750.00 +$38.50 per lot $1,650.00 + $50.00 per lot $4,000 +$110.00 per lot $1094.00 + $33.00 per lot $1,315.00 + $40.00 per lot Variance $100.00 $616.00 $1,650.00 $1,000.00 $1,650.00 $3,000.00 $1,094.00 $445.00 *Please note: Some fees may not translate straight across as many jurisdictions have combined or have fees separated into different categories. Moses Lake Council Packet 12-14-21, Page 147 of 200 RESOLUTION 3873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON SETTING THE CITY OF MOSES LAKE FEE SCHEDULE AS OF JANUARY 1, 2022 Recitals: 1. In connection with the municipal functions and operations of the City of Moses Lake, the City requires certain fees; and 2. It is appropriate to review such fees and adjust appropriately address costs; and 3. In keeping with the philosophy of setting City fees in amounts reflective of actual costs, it is appropriate at this time to revise certain fees to compensate the City for costs associated with various City functions and facilities. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE: Section 1. That the 2022 Fee Schedule of the City of Moses Lake pertaining to all fees is amended as set forth in Exhibit A. Section 2. Severability. If any sections, sentence, clause or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance. Section 3. This Resolution shall be in full force and effect January 1, 2022. ADOPTED by the City Council on December 14, 2021. ________________________________________ David Curnel, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 12-14-21, Page 148 of 200 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 Citywide Administrative Copy charge-per page 0.15$ 0.15$ Citywide Administrative Scan to electronic format-per page (8-1/12x11 one side)0.10$ 0.10$ Citywide Administrative Every 4 files or attachments provided by electronically delivery 0.05$ 0.05$ Citywide Administrative Each gigabyte of electronic records transmission 0.10$ 0.10$ Citywide Administrative Storage media, container, envelope; postage/delivery chg Actual Cost Actual Cost Citywide Administrative Maps and oversized document scanning or printing (per page) $ 5.00 $ 5.00 Citywide Administrative Custom data requests (per hour) $ 50.00 $ 50.00 Citywide Administrative CD/DVD copy - per media 1.00$ 1.00$ Citywide Administrative Return check charge 35.00$ 35.00$ Citywide Administrative Facility Rental Application Processing Fee 25.00$ 25.00$ Citywide Administrative Facility – Auditorium Rental Type 2 Weekdays (per hour)30.00$ $ 30.00 Citywide Administrative Facility – Auditorium Rental Type 2 Weekends (per hour)70.00$ $ 70.00 Citywide Administrative Facility – Auditorium Rental Type 3 Weekdays (per hour)75.00$ $ 75.00 Citywide Administrative Facility – Auditorium Rental Type 3 Weekends (per hour)100.00$ $ 100.00 Citywide Administrative Facility – Avenue Rental Type 2 Weekdays (per hour) $ 30.00 $ 30.00 Citywide Administrative Facility – Avenue Rental Type 2 Weekends (per hour) $ 70.00 $ 70.00 Citywide Administrative Facility – Avenue Rental Type 3 Weekdays (per hour) $ 75.00 $ 75.00 Citywide Administrative Facility – Avenue Rental Type 3 Weekends (per hour) $ 100.00 $ 100.00 Citywide Administrative Facility – Café/Kitchen Rental (per day) $ 50.00 $ 50.00 Citywide Administrative Facility – Six Foot Table Rental (per day) $ 10.00 $ 10.00 Citywide Administrative Facility – A-V Equipment Use (per day) uditorium Microphone, Sound, or Projector $ 25.00 $ 25.00 Citywide Administrative Facility – IT set up & instructions on basic equipment use (per hour) $ 30.00 $ 30.00 Citywide Administrative Facility – Janitorial Services Clean-Up Overtime Rate (per hour) $ 50.00 $ 50.00 Citywide Administrative Facility Renter Commercial Sales for Non-Profits and those exempt from obtaining a city business license. 10 % of gross sales 10%10% POLICE Administrative Reports (incl accident) (per page) $ 0.15 $ 0.15 No Fee Changes per Kevin Fuhr POLICE Administrative accident 10.00$ 10.00$ POLICE Administrative Photos (per photo) $ 0.15 $ 0.15 POLICE Administrative DVD/CD copy per media (per DVD/CD) $ 1.00 $ 1.00 POLICE Administrative Criminal History 20.00$ 20.00$ POLICE Administrative Fingerprinting 15.00$ 15.00$ POLICE Administrative Dog Lic. Annual 10.00$ 10.00$ POLICE Administrative Dog Lic. Replacement 5.00$ 5.00$ POLICE Administrative potentially dangerous Dog Lic.100.00$ 100.00$ POLICE Administrative Dangerous Dog License 300.00$ 300.00$ POLICE Administrative Bike License no fee no fee POLICE Administrative Concealed pistol license 49.25$ 49.25$ POLICE Administrative CPL Fingerprinting 32.00$ 32.00$ POLICE Administrative CPL late renewal 42.00$ 42.00$ POLICE Administrative Chicken License 10.00$ 10.00$ POLICE Administrative WATCH background checks (requested thru WSP)12.00$ 12.00$ Fire Administrative conference room use 1/2 room (up to 50 occupants) (per hour) $ 20.00 $ 20.00 Fire Administrative conference room use Full room (per hour) $ 40.00 Fire Administrative Local, State, Federal Government fee for cleaning / maintenance 25.00$ $ 25.00 Fire Administrative City of Moses Lake sponsored events no fee no fee Fire Administrative Ambulance Report 6.50$ 6.50$ Fire Permit (Hazardous material)1 Class 150.00$ 158.00$ Fire Permit (Hazardous material)2 Classes 250.00$ 262.00$ Fire Permit (Hazardous material)3 Classes 375.00$ 401.00$ Fire Permit (Hazardous material)4 Classes or more than 4,000 glallons, 19,000 cubic feet, or 249,000 pounds of any single class 525.00$ 530.00$ Fire Permit (Hazardous material)5 Classes or more than 5,000 gallons, 25,000 cubic feet, or 280,000 pounds of any single class 650.00$ 682.00$ City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 \\ss\D$\Files\Council Agendas\2021\12 14 Packet\05 05 Fee schedule 2022 Dec Agenda .xlsx Moses Lake Council Packet 12-14-21, Page 149 of 200 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 Fire Permit (Hazardous material)Extremely Hazardous Substances, highly toxic, toxic, & pyrophoric materials of any amount 1,000.00$ 1,050.00$ Fire Operational Permit Aviation Facilitities, Commerical Repair Operations, Heliports, Helistops & Fueling Facilities 250.00$ 262.00$ Fire Operational Permit Carnivals and Fairs 150.00$ 158.00$ Fire Operational Permit Combustible Dust producing operations 175.00$ 184.00$ Fire Operational Permit Dry Cleaning Plants using flammable solvents 150.00$ 158.00$ Fire Operational Permit Exhibits/ Trade Shows 150.00$ 158.00$ Fire Operational Permit High Piled Combustible Storage 300.00$ 315.00$ Fire Operational Permit Hot work operations 125.00$ 131.00$ Fire Operational Permit Hot work program 175.00$ 184.00$ Fire Operational Permit Industrial Oven 600.00$ 630.00$ Fire Operational Permit Lumber Yards 150.00$ 158.00$ Fire Operational Permit Marijuana Extraction Systems/ Facilities 625.00$ 656.00$ Fire Operational Permit Temporary membrane structures and tents exceeding 400 square feet 150.00$ 158.00$ Fire Operational Permit Battery systems having a liquid capacity of more than 50 gallons 250.00$ 262.00$ Fire Permit Fire protection systems, industrial process equipment regulated by the fire code, LPG, Natural gas, flammable and combustible liquid dispensing/distribution system and installation of private fire hydrant: Fire Permit $1 to $500 50.00$ 52.50$ 50.00$ 52.50$ 6.00$ 6.30$ 140.00$ 147.00$ 28.00$ 29.40$ 645.00$ 677.25$ 77.40$ 81.27$ Fire Permit $50,001 and above 2.5% of project value Fire Permit Private Fire Hydrant"s" upto 5 fire hydrants 625.00$ 656.25$ Fire Permit Private Fire Hydrant"s" 6 or more 2.5% of project value Fire Permit Fire Department Radio Coverage System 625.00$ 656.25$ Fire Plan Check Technology Fee -Project Value $2001 and above 150.00$ 158.00$ Fire Permit - Special Event Fireworks / pyrotechnic displays:185.00$ 194.25$ Fire Permit - Demolition Demolition of required Fire Protection System or Fire Alarm System:155.00$ 162.75$ Fire Permit UST/AGT Decommisioning of flammable / combustible liquid tanks: upto 1100 gallon capacity 155.00$ 162.75$ Fire Permit UST/AGT Decommisioning of flammable / combustible liquid tanks: 1101- 10,000 gallon capacity 300.00$ 315.00$ Fire Permit UST/AGT Decommisioning of flammable / combustible liquid tanks: 10,000 gallon capacity and above 550.00$ 577.50$ Fire Plan Check Plan review fees - (% of total permit fee)65%65% Fire Plan Check 3rd Party Review Cost Recover actual costs + technology Cost Recovery actual Cost Recovery actual Fire Special Inspections Special / Technical Inspections - Cost Recovery actual costs Cost Recovery actual costs Cost Recovery actual costs Fire False Alarms 3 False Alarms in any 3 month period: no fee $ 200.00 Fire False Alarms 4 or more false alarms in 3 months (per response) $ 650.00 $ 685.00 Fire MVA / Hazmat Supply recovery for foam, absorbents, or other materials - Cost recovery actual costs Cost Recovery actual Cost Recovery actual Ambulance Transport Rate--BLS Basic Life Support Transport Fee $ 980.00 $ 980.00 ADDED LINE Ambulance Transport Rate--ALS Advanced Life Support Transport Fee $ 1,075.00 $ 1,125.00 ADDED LINE Ambulance Mileage Mileage fee for patient transport (loaded miles) $ 17.00 $ 17.00 ADDED LINE Ambulance Treatment w/ out transport On scene patient treatment / care without transport. $ 250.00 ADDED LINE Ambulance School Dist. Athletic Standby Ambulance Standby for scheduled School District - Cost Recovery Athletic Events (per event) $ 400.00 Cost Recovery Fire Permit $25,001 to $50,000- $677.25 for the first $25,000 Plus $81.27 for each additional $1,000 or fraction thereof, to and including Fire Permit $501 to $2,000- $52.50 for the first $500 Plus $6.30 for each additional $100 or fraction thereof, to and including $2,000 Fire Permit $2,001 to $25,000- $147 for the first $2,000 Plus $29.40 for each additional $1,000 or fraction thereof, to and \\ss\D$\Files\Council Agendas\2021\12 14 Packet\05 05 Fee schedule 2022 Dec Agenda .xlsx Moses Lake Council Packet 12-14-21, Page 150 of 200 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 Ambulance Utility Rate Indexing CPI Adjustment for Ambulance Utility per Utility account (rounded to closest $.05) 12.60$ 13.40$ updated with CPI for Urban Wage Earners and Clerical Workers (CPI-W) at 6.16% Ambulance Non-residential Utility Fees Square Foot Fee for non-residential structures - 1 Additonal utility fee per 5,000 square feet or portion thereof to a maximum of 25. Ambulance Lodging Utility Fees Utility fee structure for hotels / motels - 1/2 of total room count shall be charged a per room utility fee Ambulance Committed EMS Standby Standby time for non-profit events (per hour, 1 hr min) $ 200.00 $ 210.00 Ambulance Committed EMS Standby Standby time for profit events: cost per hour (per hour, 2hr min) $ 200.00 $ 210.00 Ambulance Healthcare Education CPR / AED training--layperson - Cost recovery for course material Ambulance Healthcare Education CPR / Aed training--professional rescuer /healthcare (per student) $ 50.00 $ 55.00 Parks Recreation Youth -Per player fee (baseball/softball/soccer) $7-$12 $7-$12 Parks Recreation Adult - Per player fee (baseball/softball/soccer)20.00$ 20.00$ Parks Maintenance Picnic Table/Bench (each-applicable to Special Events)20.00$ 20.00$ Parks Maintenance Garbage Can (each-applicable to Special Events)10.00$ 10.00$ Parks Maintenance Porta Potty (each-applicable to Special Events)70.00$ DELETE Parks Maintenance Porta-Potty - Additional Service (per time)20.00$ DELETE Parks Maintenance Bleachers - 5 Row (per event)70.00$ DELETE Parks Maintenance Bleachers - 10 Row (per event)140.00$ DELETE Parks Recreation Surf 'n Slide Daily Admission (per person) $7-$17 $8-$16 Parks Recreation Surf 'n Slide 10 Punch Card (per person) $150-$160 $70-$160 Parks Recreation Surf 'n Slide Picnic Shelter (per hour)20.00$ $ 20.00 Parks Recreation Surf 'n Slide Senior Season Pass $55-$60/person $60-$80/person ADDED LINE Parks Recreation Surf 'n Slide Season Pass (per person) $55-$80 $65-$85 Parks Recreation Surf 'n Slide Youth Season Pass (per person) $55-$60 $60-$80 Parks Recreation Surf 'n Slide Child Season Pass $35-$40/person $35-$45/person ADDED LINE Parks Recreation Group Swim Lessons - All Levels 50.00$ $ 40.00 Parks Recreation Surf 'n Slide Body Boarding Lessons - Flowrider 50.00$ $ 50.00 Parks Recreation Surf 'n Slide Flowboarding Lessons - Standup 50.00$ $ 50.00 Parks Recreation Surf 'n Slide Private Rental (per hour) $815-$1,375 $930-$1490 Parks Recreation Surf 'n Slide - Semi-private Lessons - All Levels 75.00$ $80-$100 Parks Recreation Surf 'n Slide - No Show Fee 10.00$ DELETE Parks Recreation Lifeguard Certification Class 155.00$ $ 155.00 Parks Admin Picnic Shelter Rental - 4 Hours $55-$110 $55-$110 Parks Admin Picnic Shelter Rental - 8 Hours $80-$160 $80-$160 Parks Admin Special Event Application Fee $75 - $150 $75 - $150 Parks Recreation/Museum classes and programs - to be determined by class size & supplies Parks Recreation Parks/Recreation Programs - to be determined by class size & supplies Parks Recreation Recreational sports leagues - to be determined by class size & supplies Parks Recreation Ice Skating Admission (per person) $3-$4 $6-$7 Parks Recreation Ice Skating Admission Punch card $25Y/$35A $50Y/$60A Parks Recreation Ice Skate Rental (per person)6.00$ $ 4.00 Parks Recreation Ice Skating Admission Punch card with Skates $60Y/$90A $90Y/$100A Parks Recreation Ice Skating Season Pass (Indivudal) no Skates $45Y/$55A $45Y/$55A Parks Recreation Ice Skating Season Pass (Indivudal) with Skates $65Y/$95A $65Y/$95A Parks Recreation winter ice program - to be determined by class size & supplies Parks Recreation Group Broomball Party (per person)6.00$ 6.00$ Parks Recreation Ice Rink Private Rental (per hour) $105-$205 $140-$200 Parks Maintenance Softball Field Use (per game) $22Y/$27A/$40 non local $22Y/$27A/$40 non local Parks Maintenance Baseball Field Use (per game) $27Y/$37A $27Y/$37A Parks Maintenance Softball Field Lighting (per hour)15.00$ 15.00$ Parks Maintenance Soccer Field Lighting (per hour)12.00$ 12.00$ Parks Maintenance Baseball Field Lighting (per hour)18.00$ 18.00$ Parks Recreation Baseball/Softball Tournament Application Fee 100.00$ 125.00$ Parks Maintenance Baseball/Softball Crowd Fencing (per event)140.00$ 175.00$ \\ss\D$\Files\Council Agendas\2021\12 14 Packet\05 05 Fee schedule 2022 Dec Agenda .xlsx Moses Lake Council Packet 12-14-21, Page 151 of 200 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 Parks Admin Modifications $5.00 - $25.00 $5.00 - $25.00 Parks Maintenance Baseball Pitcher's Mounds (each per event)50.00$ 50.00$ Parks Maintenance Baseball/Softball Temporary Field Fencing 70.00$ 80.00$ Parks Administrative Cascade Campground Tent Site 35.00$ 35.00$ Parks Administrative Cascade Campground Tent Site Processing Fee 7.00$ 7.00$ Parks Administrative Cascade Campground RV Site 40.00$ 40.00$ Parks Administrative Cascade Campground RV Site Processing Fee 7.00$ 7.00$ Parks Administrative Cascade Campground Group Site 220.00$ 220.00$ Parks Administrative Cascade Campground Group Site Processing Fee 50.00$ 50.00$ Parks Administrative Cancellation Processing Fee (Campsite/Picnic Shelter)15.00$ 15.00$ Parks Administrative Amphitheater Rental (Daily)75.00$ 100.00$ Parks Recreation Community Garden Plot Rental (16-80 sq. ft.)11.00$ 11.00$ Parks Recreation Community Garden Plot Rental (81-160 sq. ft.)22.00$ 22.00$ Parks Recreation Community Garden Plot Rental (161-280 sq. ft.)27.00$ 27.00$ Parks Recreation Community Garden Plot Rental (281-512 sq. ft.)32.00$ 32.00$ Parks Recreation/Museum Museum & Art Center Membership (Individual) $20-$30 DELETE Parks Recreation/Museum Museum & Art Center Membership (Family)40.00$ DELETE Parks Recreation/Museum Museum & Art Center Membership (Associate)55.00$ DELETE Parks Recreation/Museum Museum & Art Center Membership (Booster)100.00$ DELETE Parks Recreation/Museum Museum & Art Center Membership (Sponsor)250.00$ DELETE Parks Recreation/Museum Museum & Art Center Membership (Patron)500.00$ DELETE Parks Recreation/Museum Museum & Art Center Membership (Benefactor)1,000.00$ DELETE Parks Maintenance Roto-tilling garden plots (per lot size)$11/$22/$27/$32 $11/$22/$27/$32 Parks Museum & Art Center Museum & Art Center Membership (Jackrabbit) $1.00-24.00 $1.00-24.00 Parks Museum & Art Center Museum & Art Center Membership (Rattlesnake)25.00$ 25.00$ Parks Museum & Art Center Museum & Art Center Membership (Rainbow Trout)40.00$ 40.00$ Parks Museum & Art Center Museum & Art Center Membership (Coyote)75.00$ 75.00$ Parks Museum & Art Center Museum & Art Center Membership (Bald Eagle)250.00$ 250.00$ Parks Museum & Art Center Museum & Art Center Membership (Wild Horses)500.00$ 500.00$ Parks Museum & Art Center Museum & Art Center Membership (Great Blue Heron)1,000.00$ 1,000.00$ Parks Museum & Art Center Museum & Art Center Membership (Columbian Mammoth) 5,000.00$ 5,000.00$ Parks Museum & Art Center Museum Field Trips $3.00-$4.00 Parks Recreation Adopt-A-Street Application Fee 50.00$ 50.00$ Finance Business License Bus lic. annual fee 85.00$ 85.00$ Finance Business License Bus. Lic Temporary local,transient 210.00$ 210.00$ Finance application fee Mobile and street vendors application fee 155.00$ 155.00$ Finance Fees Screening fee 110.00$ 110.00$ Finance Business License Bus. license fee - carnival 1st day 155.00$ 155.00$ Finance Business License - carnival 2nd day 75.00$ 75.00$ Finance Business License - carnival 3rd plus 50.00$ 50.00$ Finance Business License Bus. license fee - Circus 1st day 155.00$ 155.00$ Finance Business License - Circus 2nd day plus 75.00$ 75.00$ Finance Business License Bus license fee - Road show 1st day 65.00$ 65.00$ Finance Business License - Road show 2nd day plus 35.00$ 35.00$ Finance application fee Application fee pawnbrokers/2nd hand dealer 110.00$ 110.00$ Finance application fee Application review fee Solictors 85.00$ 85.00$ Finance application fee Application review fee Taxicabs 85.00$ 85.00$ Finance Business License telecommunication license 1,100.00$ 1,100.00$ Finance Business License telecommunication license - renewal 550.00$ 550.00$ Finance Business License telecommunication franchise 3,300.00$ 3,300.00$ Finance Business License telecommunication franchise - renewal 1,650.00$ 1,650.00$ Finance Business License Cable Franchise 4,400.00$ 4,400.00$ Finance Business License Cable Franchise - renewal 2,200.00$ 2,200.00$ Utility sanitation/garbage rates Attachment A (based on contractor fees on Dec. 1, 2021) Utility Water Rates residental basic (0-500 cubic feet) 3/4 inch meter 25.93$ DELETE Utility Water Rates resid over 500 (per 100 cf or portion thereof)0.96$ DELETE Utility Water Rates residental basic (0-1,000 cf) 1 inch (nearest 5 cents)30.81$ DELETE Utility Water Rates residental basic (0-2,500 cf 1.5 inch 45.30$ DELETE Utility Water Rates residental basic (0-10,000 cf) 2 inch 117.86$ DELETE Utility Water Rates dwelling with 2 living units (0-1000 cf)51.86$ DELETE Utility Water Rates dwelling over 1000 (per 100 cf or portion thereof)0.96$ DELETE \\ss\D$\Files\Council Agendas\2021\12 14 Packet\05 05 Fee schedule 2022 Dec Agenda .xlsx Moses Lake Council Packet 12-14-21, Page 152 of 200 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 Utility Water Rates dwelling with 2 living units (0-2,000 cf) 1 inch 61.62$ DELETE Utility Water Rates dwelling with 2 living units (0-5,000 cf) 1.5 inch 90.60$ DELETE Utility Water Rates dwelling with 2 living units (0-20,000 cf) 2 inch 235.71$ DELETE Utility Water Rates Commercial 500 cf 3/4 in.43.81$ DELETE Utility Water Rates commercial over 500 (per 100 cf or portion thereof)0.96$ DELETE Utility Water Rates commercial (0-1,000 cf) 1 in.48.63$ DELETE Utility Water Rates commercial (0-2,500 cf) 1.5 in.63.12$ DELETE Utility Water Rates commercial (0-10,000 cf) 2 in.135.68$ DELETE Utility Water Rates commercial (0-20,000 cf) 3 in.232.38$ DELETE Utility Water Rates commercial (0-35,000 cf) 4 in.377.49$ DELETE Utility Water Rates commercial (0- 50,000 cf) 6 in.522.55$ DELETE Utility Water Rates commercial (0- 90,000 cf) 8 in.909.48$ DELETE Utility Water Rates commercial (0- 150,000 cf) 10 in.1,489.82$ DELETE Utility sewer residential sewer rates -flat rate 37.97$ DELETE Utility sewer Duplex sewer rates - flat rate 75.95$ DELETE Utility sewer commercial sewer (0-1,000 cf)39.86$ DELETE Utility sewer commercial sewer over 1,000 cf (per 100 cf)1.56$ DELETE Utility Fixed Water Charge Single Family Residential & Duplex .75" Meter 22.52$ Utility Fixed Water Charge Single Family Residential & Duplex 1" Meter 24.99$ Utility Fixed Water Charge Single Family Residential & Duplex 1.5" Meter 32.45$ Utility Fixed Water Charge Single Family Residential & Duplex 2" Meter 69.76$ Utility Consumption Charge (per 100 cf)Single Family/Duplex Tier 1 (0-1,000 cubic feet)0.42$ Utility Consumption Charge (per 100 cf)Single Family/Duplex Tier 2 (1,001-3,000 cubic feet)1.27$ Utility Consumption Charge (per 100 cf)Single Family/Duplex Tier 3 (over 3,000 cubic feet)2.65$ Utility Fixed Water Charge Multi-Family .75" Meter 35.70$ Utility Fixed Water Charge Multi-Family 1" Meter 39.63$ Utility Fixed Water Charge Multi-Family 1.5" Meter 51.44$ Utility Fixed Water Charge Multi-Family 2" Meter 110.59$ Utility Fixed Water Charge Multi-Family 3" Meter 189.40$ Utility Fixed Water Charge Multi-Family 4" Meter 307.68$ Utility Consumption Charge (per 100 cf)Multi-Family 0.85$ Utility Fixed Water Charge Commercial .75" Meter 35.70$ Utility Fixed Water Charge Commercial 1" Meter 39.63$ Utility Fixed Water Charge Commercial 1.5" Meter 51.44$ Utility Fixed Water Charge Commercial 2" Meter 110.59$ Utility Fixed Water Charge Commercial 3" Meter 189.40$ Utility Fixed Water Charge Commercial 4" Meter 307.68$ Utility Fixed Water Charge Commercial 6" Meter 425.91$ Utility Fixed Water Charge Commercial 8" Meter 741.29$ Utility Consumption Charge (per 100 cf)Commercial 1.02$ Utility Fixed Water Charge Irrigation .75" Meter 35.70$ Utility Fixed Water Charge Irrigation 1" Meter 39.63$ Utility Fixed Water Charge Irrigation 1.5" Meter 51.44$ Utility Fixed Water Charge Irrigation 2" Meter 110.59$ Utility Fixed Water Charge Irrigation 3" Meter 189.40$ Utility Fixed Water Charge Irrigation 4" Meter 307.68$ Utility Consumption Charge (per 100 cf)Irrigation 1.25$ Utility Fixed Water Charge Industrial .75" Meter 35.70$ Utility Fixed Water Charge Industrial 1" Meter 39.63$ Utility Fixed Water Charge Industrial 1.5" Meter 51.44$ Utility Fixed Water Charge Industrial 2" Meter 110.59$ Utility Fixed Water Charge Industrial 3" Meter 189.40$ Utility Fixed Water Charge Industrial 4" Meter 307.68$ Utility Fixed Water Charge Industrial 6" Meter 425.91$ Utility Fixed Water Charge Industrial 8" Meter 741.29$ Utility Consumption Charge (per 100cf)Industrial 1.02$ Utility Fixed Sewer Charge Single Family Residential 37.99$ Utility Fixed Sewer Charge Duplex 75.99$ Utility Fixed Sewer Charge Multi-Family Unit (per unit)10.72$ Utility Fixed Sewer Charge Commercial 40.76$ Utility Fixed Sewer Charge (per 100cf)Commercial Sewer Consumption 1.82$ Utility Fixed Sewer Charge Industrial 45.85$ \\ss\D$\Files\Council Agendas\2021\12 14 Packet\05 05 Fee schedule 2022 Dec Agenda .xlsx Moses Lake Council Packet 12-14-21, Page 153 of 200 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 Utility Fixed Sewer Charge (per 100cf)Industrial Sewer Consumption 2.01$ Utility Stormwater stormwater rates residential 6.08$ 6.45$ Utility Stormwater stormwater rates non-residential 0- 6,000 square feet 6.08$ 6.45$ Utility Stormwater Stormwater rates non-residential 6,001 - 15,000 sf impervious grnd cover 10.25$ 10.89$ Utility Stormwater Stormwater rates non-residential 15,001 - 30,000 sf impervious grnd cover 14.97$ 15.89$ Utility Stormwater Stormwater rates non-residential 30,001 -60,000 sf impervious grnd cover 29.83$ 31.67$ Utility Stormwater Stormwater rates non-residential 60,001 - 120,000 sfimpervious grnd cover 59.43$ 63.09$ Utility Stormwater Stormwater rates non-residential 120,001 -240,000 sf impervious grnd cover 118.93$ 126.25$ Utility Stormwater Stormwater rates non-residential over 240,000 sf impervious grnd cover 178.37$ 189.36$ Utility Administrative service charge for turn offs/ons after 4:00 pm 80.00$ 80.00$ Utility Administrative delinquent service charge 30.00$ 30.00$ Utility Administrative Sign-in fee 15.00$ 15.00$ Mun. Srvc.Water main tapping fee 3/4" - 2" tap 157.00$ 157.00$ Mun. Srvc.Water main tapping fee 4" - 6" tap 352.00$ 352.00$ Mun. Srvc.Water main tapping fee 8" tap 427.00$ 427.00$ Mun. Srvc.Water main tapping fee 10" tap 542.00$ 542.00$ Mun. Srvc.Water main tapping fee 12" tap 628.00$ 628.00$ Mun. Srvc.Water sample Purity test per sample 108.00$ 108.00$ Mun. Srvc.Filling and flushing Newly constructed water mains Per 100 ft of line 26.00$ 26.00$ Mun. Srvc.water meter 3/4" meter 379.00$ 379.00$ Mun. Srvc.water meter 1" meter 476.00$ 476.00$ Mun. Srvc.water meter 1-1/2" meter 921.00$ 921.00$ Mun. Srvc.water meter 2" meter 974.00$ 974.00$ Mun. Srvc.Previously installed water srvc 3/4" service 2,166.00$ 2,166.00$ Mun. Srvc.Previously installed water srvc 1" service 3,250.00$ 3,250.00$ Mun. Srvc.Previously installed water srvc 1-1/2" to 2" service 4,333.00$ 4,333.00$ Mun. Srvc.Connect to existing main Any size (up to 4 hours)396.00$ 396.00$ Mun. Srvc.Connect to existing main After 4 hours (ea. additional hr w/ service truck & 2 workers (per hour) $ 200.00 200.00$ Mun. Srvc.Engineering inspector overtime Charge for working outside of normal hours (per hr)60.00$ 80.00$ Mun. Srvc.Assignment of Water Rights Domestic water rights charge per equivalent residential unit (ERU) when subdividing residential, commercial, and industrial real property. 1ERU = 0.6 ACRE FOOT of Water use. (per ERU min 1ERU per lot) 1,200.00$ Mun. Srvc.Water System Devlpmnt Chrg 3/4" water meter 1,435.00$ 1,435.00$ Mun. Srvc.Water System Devlpmnt Chrg 1" water meter 2,438.00$ 2,438.00$ Mun. Srvc.Water System Devlpmnt Chrg 1-1/2" water meter 4,856.00$ 4,856.00$ Mun. Srvc.Water System Devlpmnt Chrg 2" water meter 7,798.00$ 7,798.00$ Mun. Srvc.Water System Devlpmnt Chrg 3" water meter 14,709.00$ 14,709.00$ Mun. Srvc.Water System Devlpmnt Chrg 4" water meter 29,413.00$ 29,413.00$ Mun. Srvc.Water System Devlpmnt Chrg 6" water meter 61,528.00$ 61,528.00$ Mun. Srvc.Water System Devlpmnt Chrg 8" water meter 116,310.00$ 116,310.00$ Mun. Srvc.Water System Devlpmnt Chrg 10" water meter 177,945.00$ 177,945.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 3/4" water meter 856.00$ 856.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 1" water meter 1,455.00$ 1,455.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 1-1/2" water meter 2,884.00$ 2,884.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 2" water meter 4,560.00$ 4,560.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 3" water meter 8,731.00$ 8,731.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 4" water meter 17,456.00$ 17,456.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 6" water meter 36,390.00$ 36,390.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 8" water meter 69,022.00$ 69,022.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 10" water meter 105,655.00$ 105,655.00$ Mun. Srvc.Signage V-Lock Fee Fastener base for street signs. Contractor can purchase equal product elsewhere n/a 35.00$ Mun. Srvc.Engineering plan review Engineering plan review - by city staff $300 min (up to 4 sheets) $75 for each add'l sheet $400 min, $100 for each add'l sheet \\ss\D$\Files\Council Agendas\2021\12 14 Packet\05 05 Fee schedule 2022 Dec Agenda .xlsx Moses Lake Council Packet 12-14-21, Page 154 of 200 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 Mun. Srvc.Engineering Plan Review Engineering Plan Review by 3rd Party (When required by Municipal Services Director) - $1000 deposit w/ Actual Cost Recovery ADDED Mun. Srvc.Stormwater Report Review Stormwater Report Review by City Staff ($400 deposit w/ Actual Cost Recovery) ADDED Mun. Srvc.Street obstruction permit Inspection fee - 2.5% of contruction costs, $50 min ADDED Mun. Srvc.Sewer Discharge Permit New discharge permit application 3,500.00$ 3,500.00$ Mun. Srvc.Sewer Discharge Permit Discharge permit renewal 1,700.00$ 1,700.00$ Mun. Srvc.Sewer Discharge Permit Annual Discharge permit fee 850.00$ 850.00$ Mun. Srvc.Stormwater Appeal Fee Persuant to MLMC 1303.050 55.00$ 55.00$ Mun. Srvc.hydrant rental Backflow Preventer (per day)5.00$ 50.00$ Mun. Srvc.hydrant rental fire hydrant meter rental per day 5.00$ 5.00$ Mun. Srvc.hydrant rental fire hydrant useage (per 100 cf)0.97$ 0.98$ Mun. Srvc.hydrant rental fire hydrant rental with no city meter available - est. usage +$8.00 + est. usage 8.00$ Comm Dev Sidewalk Use Permits One time application fee of $150.00, each additional yearly fee 75.00$ 75.00$ Comm Dev Sidewalk Use Permits Sidewalk Use Fee and applicable leasehold taxes based on FMV upon license issuance (minimum fee $75.00)12.87% FMV 12.87% FMV Comm Dev Land Use Annexation 400.00$ 766.00$ Comm Dev Land Use Appeals 350.00$ 733.00$ Comm Dev Land Use Admin Appeals 500.00$ DELETE Comm Dev Land Use Binding Site Plan 1,000.00$ $800 plus $50 per lot Comm Dev Land Use Boundary Line Adjustment 250.00$ 333.00$ Comm Dev Land Use SEPA Environmental Checklist (Exempt)250.00$ 250.00$ Comm Dev Land Use SEPA Compliance (DNS, MDNS)350.00$ Comm Dev Land Use SEPA Co-Lead (per hour)50.00$ Comm Dev Land Use NEPA/SEPA Enviornmental Assessments (Recovery of all consultant costs will be billed in addition to the fee)1,000.00$ Comm Dev Land Use Environmental Impact Statement (Recovery of all consultant costs will be billed in addition to the fee)500.00$ 666.00$ Comm Dev Land Use Comp Plan Amendment - Text 800.00$ 800.00$ Comm Dev Land Use Comp Plan Amendment - Map 1,000.00$ 1,000.00$ Comm Dev Land Use Conditional Use Permit 1,000.00$ 1,216.00$ Comm Dev Land Use Development Agreement 1,500.00$ 1,600.00$ Comm Dev Land Use Planned Unit Development 1,000.00$ $1,650 plus $50 per lot Comm Dev Land Use Public Hearing Not Otherwaise Specified 60.00$ DELETE Comm Dev Land Use Right Of Way Vacation 200.00$ 300.00$ Comm Dev Land Use Appraisal for ROW Vacation (3rd Party Appraisal) Actual Cost w/$1,500 Deposit ADDED Comm Dev Land Use Shoreline Management Application 100.00$ 150.00$ Comm Dev Land Use Substantial Development and/or CUP 200.00$ 300.00$ Comm Dev Land Use Exemption - No additional fee required n/a n/a Comm Dev Land Use Variance 100.00$ 616.00$ Comm Dev Land Use Subdivision Application-Preliminary Short Subdivision 1-9 300.00$ $800 plus $50 per lot was 1-4 lots @ $300Comm Dev Land Use Subdivision Application-Preliminary Short Subdivision 5-9lots 500.00$ DELETE Comm Dev Land Use Subdivision Application-Preliminary Major Subdivsion 500.00$ $1,650 plus $50 per lot Comm Dev Land Use Subdivision Application-Final Short Subdivsion 200.00$ 200.00$ Comm Dev Land Use Plat Alteration 1,000.00$ ADDED Comm Dev Land Use Subdivision Application-Final Major Subdivsion $ 400.00 $ 400.00 Comm Dev Land Use Zone Change $ 1,000.00 $ 1,000.00 CommDev Land Use Revisions to approved Permits (50% of original fee) 50% of original fee ADDED Comm Dev Land Use Vacation Rentals ($350 initial) Annual Renewal $ 100.00 ADDED Comm Dev Land Use Zoning Variance (+cost of notification/pub/H.E. fee) - Actual +$ 100 + actual costs DELETE Comm Dev Building Permit (per foot)Per IBC Schedule Per IBC Schedule Comm Dev Building Permit Mercantile per foot Per IBC Schedule Per IBC Schedule Comm Dev Building Permit Storage per foot Per IBC Schedule Per IBC Schedule Comm Dev Building Permit Grading, Parking Lots and/or Stormwater permits $ 100.00 $ 100.00 Comm Dev Building Permit Technical Fee on all building permits 1%1% \\ss\D$\Files\Council Agendas\2021\12 14 Packet\05 05 Fee schedule 2022 Dec Agenda .xlsx Moses Lake Council Packet 12-14-21, Page 155 of 200 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 Comm Dev Building Permit Demo Permit $ 150.00 $ 200.00 Comm Dev Building Permit Sign Permit Per IBC Schedule ADDED Comm Dev Building Permit Fence Permit $ 25.00 ADDED \\ss\D$\Files\Council Agendas\2021\12 14 Packet\05 05 Fee schedule 2022 Dec Agenda .xlsx Moses Lake Council Packet 12-14-21, Page 156 of 200 Note: no chg at 9/1/2021 6.16% 01/01/22 01/01/21 Codes Description New Schedule A Prior Rates Schedule A City of Moses Lake-Solid Waste Rates Schedule A Garbage Tags 3.18 3.00 GB005 Residential 1st 96 Gallon Cart 35.35 33.30 GB006 Residential 1st 64 Gallon Cart 23.57 22.20 GB007 Residential 1st 48 Gallon Cart 21.60 20.35 GB015 Senior 1st 96 Gallon Cart 17.69 16.66 GB016 Senior 1st 64 Gallon Cart 11.79 11.11 GB017 Senior 1st 48 Gallon Cart 10.80 10.17 GB025 Delivery 2nd Cart 6.97 6.57 GB030 Cart Removal/Exchange 13.97 13.16 GB150 (2)Commercial 48 Gallon Cart 1 Time a Week 14.36 13.53 GB151 (2)Commercial 48 Gallon Cart 2 Times a Week 22.51 21.21 GB155 Commercial 64 Gallon Cart 1 Time a Week 21.25 20.02 GB160 Commercial 64 Gallon Cart 2 Times a Week 34.98 32.95 GB165 Commercial 96 Gallon Cart 1 Time a Week 28.12 26.49 GB170 Commercial 96 Gallon Cart 2 Times a Week 48.98 46.14 GB175 Commercial 96 Gallon Cart Extra Pickup 14.41 13.57 GB200 1 Yard Dumpster 1 Time a Week 45.46 42.82 GB210 1 Yard Dumpster 2 Times a Week 80.43 75.76 GB215 1 Yard Dumpster 3 Times a Week 114.06 107.44 GB218 1 Yard Dumpster 5 Times a Week 151.51 142.72 GB220 Extra Pickup 1 Yard Dumpster 57.71 54.36 GB225 1.5 Yard Dumpster 1 Time a Week 62.21 58.60 GB230 1.5 Yard Dumpster 2 Times a Week 109.06 102.73 GB235 1.5 Yard Dumpster 3 Times a Week 156.10 147.04 GB240 Extra Pickup 1.5 Yard Dumpster 58.84 55.43 GB245 2 Yard Dumpster 1 Time a Week 74.83 70.49 GB250 2 Yard Dumpster 2 Times a Week 130.97 123.37 GB255 2 Yard Dumpster 3 Times a Week 187.51 176.63 GB260 2 Yard Dumpster 4 Times a Week 244.58 230.39 GB265 2 Yard Dumpster 5 Times a Week 303.55 285.94 GB270 Extra Pickup 2 Yard Dumpster 60.04 56.56 GB275 3 Yard Dumpster 1 Time a Week 103.67 97.65 GB280 3 Yard Dumpster 2 Times a Week 181.67 171.13 GB285 3 Yard Dumpster 3 Times a Week 260.21 245.11 GB287 3 Yard Dumpster 4 Times a Week 342.10 322.25 GB288 3 Yard Dumpster 5 Times a Week 431.22 406.20 GB290 Extra Pickup 3 Yard Dumpster 84.37 79.47 GB295 4 Yard Dumpster 1 Time a Week 128.93 121.45 GB300 4 Yard Dumpster 2 Times a Week 249.59 235.11 GB310 4 Yard Dumpster 3 Times a Week 354.34 333.78 05 06 Schedule A Lakeside Contracted Rate Increase.xlsx Moses Lake Council Packet 12-14-21, Page 157 of 200 Note: no chg at 9/1/2021 6.16% 01/01/22 01/01/21 Codes Description New Schedule A Prior Rates Schedule A City of Moses Lake-Solid Waste Rates Schedule A GB315 4 Yard Dumpster 4 Times a Week 461.49 434.71 GB320 4 Yard Dumpster 5 Times a Week 572.84 539.60 GB325 Extra Pickup 4 Yard Dumpster 104.86 98.78 GB330 6 Yard Dumpster 1 Time a Week 178.24 167.90 GB335 6 Yard Dumpster 2 Times a Week 340.05 320.32 GB340 6 Yard Dumpster 3 Times a Week 500.48 471.44 GB345 6 Yard Dumpster 4 Times a Week 659.54 621.27 GB350 6 Yard Dumpster 5 Times a Week 817.22 769.80 GB352 Extra Pickup 6 Yard Dumpster 119.27 112.35 GB355 8 Yard Dumpster 1 Time a Week 244.07 229.91 GB360 8 Yard Dumpster 2 Times a Week 459.34 432.69 GB365 8 Yard Dumpster 3 Times a Week 671.87 632.88 GB370 8 Yard Dumpster 4 Times a Week 877.53 826.61 GB375 8 Yard Dumpster 5 Times a Week 1,076.35 1,013.89 GB380 Extra Pickup 8 Yard Dumpster 143.97 135.62 GB390 Extra 1/2 Yard 8.20 7.72 GB395 Extra Bag, Box or Bundle 3.81 3.59 GB405 Temporary Delivery 2-8 yard 27.41 25.82 GB420 Temporary 2 Yard Dumpster 34.28 32.29 GB425 Temporary 2 Yard Dumpster Rental 5.83 5.49 GB440 Temporary 4 Yard Dumpster 54.85 51.67 GB445 Temporary 4 Yard Dumpster Rental 9.31 8.77 GB460 Temporary 6 Yard Dumpster 75.43 71.05 GB465 Temporary 6 Yard Dumpster Rental 11.82 11.13 GB480 Temporary 8 Yard Dumpster 96.55 90.95 GB485 Temporary 8 Yard Dumpster Rental 14.29 13.46 GB505 10 Yard Roll-off 1 Time a Month 418.21 393.94 GB510 10 Yard Roll-off Extra Pickup 308.50 290.60 GB515 10 Yard Roll-off 1 Time a Week 952.93 897.64 GB520 20 Yard Roll-off 1 Time a Month 502.37 473.22 GB525 20 Yard Roll-off Extra Pickup 358.53 337.73 GB530 20 Yard Roll-off 1 Time a Week 1,096.03 1,032.43 GB535 20 Yard Roll-off 2 Times a Month 714.00 672.57 GB540 30 Yard Roll-off 1 Time a Month 604.32 569.25 GB545 30 Yard Roll-off Extra Pickup 421.31 396.86 GB550 30 Yard Roll-off 1 Time a Week 1,446.42 1,362.49 GB555 30 Yard Roll-off 2 Times a Week 2,794.64 2,632.48 GB560 30 Yard Roll-off 2 Times a Month 918.64 865.34 GB565 40 Yard Roll-off 1 Time a Month 888.44 836.89 GB570 40 Yard Roll-off Extra Pickup 481.03 453.12 05 06 Schedule A Lakeside Contracted Rate Increase.xlsx Moses Lake Council Packet 12-14-21, Page 158 of 200 Note: no chg at 9/1/2021 6.16% 01/01/22 01/01/21 Codes Description New Schedule A Prior Rates Schedule A City of Moses Lake-Solid Waste Rates Schedule A GB575 40 Yard Roll-off 1 Time a Week 1,626.14 1,531.78 GB577 40 Yard Roll-off 2 Times a Week 3,252.20 3,063.49 GB580 Temporary Delivery 10-40 yd 55.29 52.08 GB585 Temporary Rent 41.46 39.05 GB595 2 Yard Compactor 1 Time a Week 165.24 155.65 GB600 2 Yard Compactor Extra Pickup 84.37 79.47 GB605 10 to 15 Yard Compactor 1 Time a Week 1,151.50 1,084.68 GB610 10 to 15 Yard Compactor 1 Time a Month 367.55 346.22 GB615 10 to 15 Yard Compactor 2 Times a Month 666.31 627.65 GB620 10 to 15 Yard Compactor Extra Pickup 343.36 323.44 GB625 16 to 20 Yard Compactor 1 Time a Week 1,664.02 1,567.46 GB630 16 to 20 Yard Compactor 1 Time a Month 458.12 431.54 GB635 16 to 20 Yard Compactor Extra Pickup 421.05 396.62 GB640 21 to 30 Yard Compactor 1 Time a Month 536.70 505.56 GB645 21 to 30 Yard Compactor Extra Pickup 446.56 420.65 GB650 21 to 30 Yard Turn Around 1 Time a Month 592.95 558.54 GB655 21 to 30 Yard Turn Around Extra Pickup 502.82 473.64 GB660 31 to 40 Yard Compactor 1 Time a Month 685.56 645.78 GB665 31 to 40 Yard Compactor Extra Pickup 466.19 439.14 GB670 30 Cans Downtown 197.45 185.99 GB680 Garbage Comm 21-30Yd Comp 1xWk 2,258.01 2,126.99 GB685 Garbage Comm 21-30Yd Comp 2xWk 4,516.05 4,254.00 GB710 15 Minutes Manpower 20.32 19.14 GB720 15 Minutes Truck 26.84 25.28 GB730 Return Trip 12.70 11.96 GB900 REC Garb Haul 25 Yd 242.08 228.03 GB910 REC Garb 25 Yd Single Swap 70.85 66.74 GB920 REC Garb 25 Yd Double Swap 106.29 100.12 GB940 REC Garb Overtime to Contractor 37.85 35.65 RGB005 96 Gallon Cart replacement 67.94 64.00 RGB006 64 Gallon Cart replacement 61.57 58.00 RGB007 48 Gallon Cart replacement 58.39 55.00 RGBLID Cart Lid replacement 21.23 20.00 Nonconforming services will be billed at the nearest higher rate shown in the above schedule for the type of service rendered. Commercial accounts may pick any combination or quantity of services shown in the above and be billed on one account. Yardage or landfill charge - special service amount charged at landfill multiplied by 1.50. 05 06 Schedule A Lakeside Contracted Rate Increase.xlsx Moses Lake Council Packet 12-14-21, Page 159 of 200 Note: no chg at 9/1/2021 6.16% 01/01/22 01/01/21 Codes Description New Schedule A Prior Rates Schedule A City of Moses Lake-Solid Waste Rates Schedule A (1)Bill Code eliminated. Just use applicable resid (2)Eliminating commercial can service-- Replacing with commercial 48 gallon cart ser 05 06 Schedule A Lakeside Contracted Rate Increase.xlsx Moses Lake Council Packet 12-14-21, Page 160 of 200 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Susan Schwiesow, Parks, Recreation & Cultural Services Director Date: December 9, 2021 Proceeding Type: Old Business Subject: LRC Fitness Equipment Legislative History: • Current Presentation: December 14, 2021 • • Action: Motion Overview Moses Lake Parks, Recreation & Cultural Services department is looking for direction on the type of fitness equipment to be placed int the new Larson Recreation Center. As we move into 2022, with supplies becoming harder to get and taking longer to receive, our staff needs a decision to continue our planning for the Larson Recreation Center. Our consultants for the recreation feasibility study have shown the youth demographics of our community and the impact they will have on our facility. Staff and consultants recommend the traditional equipment as we expect it to be more versatile for all age groups. The Larson Recreation Center is for our whole community, and we want to provide for all ages at this facility. Council requested that we provide three (3) options for the fitness equipment and on November 9, 2021, an email was sent with the three options for fitness equipment and cost for each. We also handed out the same information at the council meeting that evening. Our three options are as follows: 1. Exergame for a cost of $103,182.00 2. Advance Fitness Solutions for a cost of $73,632.13 3. A combination of the two companies from above for a cost of $104,513.63 Fiscal and Policy Implications N/A Moses Lake Council Packet 12-14-21, Page 161 of 200 Page 2 of 2 Council Packet Attachments A. Exergame Quote B. Advance Fitness Solutions Quote C. Combination Quote Finance Committee Review N/A Legal Review N/A Options Option Results • Authorize one of the three options Staff will move forward with the option chosen. • Provide staff with changes Staff will make requested corrections and bring a revised request for Council consideration. • Take no action. Staff will not be able to move forward with the equipment and risk not having any equipment for the opening. Action Requested Moses Lake Parks, Recreation & Cultural Services staff recommends Council to approve the Advance Fitness Solutions equipment. Moses Lake Council Packet 12-14-21, Page 162 of 200 Moses Lake Council Packet 12-14-21, Page 163 of 200 Moses Lake Council Packet 12-14-21, Page 164 of 200 Moses Lake Council Packet 12-14-21, Page 165 of 200 Moses Lake Council Packet 12-14-21, Page 166 of 200 Moses Lake Council Packet 12-14-21, Page 167 of 200 Moses Lake Council Packet 12-14-21, Page 168 of 200 Moses Lake Council Packet 12-14-21, Page 169 of 200 Moses Lake Council Packet 12-14-21, Page 170 of 200 Moses Lake Council Packet 12-14-21, Page 171 of 200 Moses Lake Council Packet 12-14-21, Page 172 of 200 Moses Lake Council Packet 12-14-21, Page 173 of 200 Moses Lake Council Packet 12-14-21, Page 174 of 200 Moses Lake Council Packet 12-14-21, Page 175 of 200 Moses Lake Council Packet 12-14-21, Page 176 of 200 Moses Lake Council Packet 12-14-21, Page 177 of 200 Moses Lake Council Packet 12-14-21, Page 178 of 200 Moses Lake Council Packet 12-14-21, Page 179 of 200 Moses Lake Council Packet 12-14-21, Page 180 of 200 Moses Lake Council Packet 12-14-21, Page 181 of 200 Moses Lake Council Packet 12-14-21, Page 182 of 200 Moses Lake Council Packet 12-14-21, Page 183 of 200 Moses Lake Council Packet 12-14-21, Page 184 of 200 Moses Lake Council Packet 12-14-21, Page 185 of 200 Moses Lake Council Packet 12-14-21, Page 186 of 200 Moses Lake Council Packet 12-14-21, Page 187 of 200 Moses Lake Council Packet 12-14-21, Page 188 of 200 Moses Lake Council Packet 12-14-21, Page 189 of 200 Page 1 of 1 STAFF REPORT To: Melissa Bethel, CDD From: Rick Rodriguez, Code Enforcement Officer Date: 12/03/2021 Subject: Moses Lake Municipal Airport Review ___________________________________________________________________ Overview In late October, the Building Division and Code Enforcement were directed by the Community Development Director with inspecting all the buildings and hangars at the Moses Lake Municipal Airport. The concern was the possibility of non-permitted construction and other violations within the airport. On 10/21/2021, Tina and I began calling and scheduling inspections with the owners/occupants of the buildings and hangars. The contacts with all the owners/occupants were very positive and pleasant. We were able to schedule most of the inspections by 10/25/2021-10/27/2021. However, a few of the owners/occupants were not local, or they just did not return our phone calls. On 12/03/2021, the last inspection was made. No illegal or non-permitted construction was found in any of the buildings or hangars. On the commercial side of the runway (closest to Road L), we did find that the buildings were hooked up to an unknown source of sewage disposal. The occupants were not aware if it was a septic system or if they were hooked up to City sewer. From the Code Enforcement standpoint, weeds and a dilapidated fence were found on parcel 29, and outside storage (not screened from public view) was found on parcel 10-1. These were the only nuisance violations found throughout the whole inspection. The occupant/responsible party of parcel 29 and 10-1, Ron Piercy, was advised verbally of the violations on the parcels and enforcement could be coming up at a later date. Moses Lake Council Packet 12-14-21, Page 190 of 200 DateNameoParcel(s)DetailsDatePassed Y or N?Correction10/20/21 Harold Stern 110/20/2021 no answer and no VM available.  TJ.  Called Harold on 10/28/2021 and set up an inspection for the afternnon of 10/28/2021. 10/28/21YN10/20/21 Fred Meise210/20/2021 Left a VM.  10/26/2021 Left another VM. Fred called  back and tenatively scheduled an inspection for Thursday 10/28/2021.  Renter Rod Ritchins was on site and inspection was done 10/27/2021.  TJ10/27/21Y N10/20/21Lee Gerber410/20/2021, Lee Gerber will have to call his tenant in Phoenix to to notify him of the inspectiopn and will get back to us.  Gerber had us contqact his sons who are now the new owners of the building and an inspection was scheduled for 10/27/2021.  TJ10/27/21Y N10/20/21 Mick Hansen 10Mick stated will need to speak with Ron Piercy, the Lesee and set up a time and date.  Inspection scheduled for 10/27/2021 1530.  TJ10/27/21 YThe outdoor storage of plane parts, equipment, and various items need to be screened from public view.  City of ML14City of ML1510/21/21Grant County Mosquito District16,17,18Inspection made 10/25/2021.  TJ 10/25/21 Y N10/20/21Daryl Jackson 19‐20A‐3Left a VM on 10/20/2021 and 10/25/2021.  Inspction made 10/27/2021.10/27/21 Y N10/20/21 Patricia (Pat) Cleven 20A‐1Daryl or Darrin Jackson in charge10/27/21 Y N10/20/21 Larry Wheat 20A‐2Meet at Jackson Flight10/27/21 Y NMoses Lake Council Packet 12-14-21, Page 191 of 200 DateNameoParcel(s)DetailsDatePassed Y or N?Correction10/20/21 Jim Wilson25,26,27Left a Voicemail, Jim called back and set up an inspection, TXT JIM TO REMIND HIM OF THE INSPECTION.10/27/21 Y N10/20/21 Tom Dent2810/20/2021 Left VM.  TJ.  Called on 10/27/2021 at 1113 hours and left another VM.  Tom will call back with a time for Friday 10‐29‐2021.  Spoke with Tom onsite on 10/27/2021.  Tom advised he would get back to me to confirm a date and time for inspection.  Called on 11‐04‐2021 and left another VM.  Tom called back on 11/04/2021 at 0900 hours.  and scheduled his inspection.11/08/21YN10/20/21 Ron Piercy29Meet at 29‐6 unit 10 on 10‐27‐2021 133010/25/21Fence needs to be repaired, weeds need to be removed, and the fuel tanks need to be placed behind the fence out of public view. 10/20/21Mike Counsell 29‐1Meet 29‐110/25/2110/20/21 Norm Castagneto 29‐2Gives the Jacksons permission to let us in.  Inspection was made 10/25/2021.10/25/21 Y N10/20/21 Ronald Welch 29‐310/20/2021 will get back to me. Called back and scheduled an inspection on 10/27/2021 at 1310 hours.10/27/21YN10/20/21 Darel Fuller29‐4Meet at 29‐4, Darel is incharge of 31‐1 and 32‐3, we will do all 3 at the same time.10/27/21YN10/20/21 Bob Russell29‐5Left a Voicemail, called back on 10/21/2021 and scheduled an inspection.10/25/21 Y NMoses Lake Council Packet 12-14-21, Page 192 of 200 DateNameoParcel(s)DetailsDatePassed Y or N?Correction10/20/21 Steven Oestreich 30‐1Left a Voicemail.  Called 10‐27‐2021 left VM.  Steve called back at 1109 hours.  He is in Arizona and will not be back until November for an inspection.  He will call back when he has a solid date for an inspection.  Owner of the building (the Gerbers) allwed us access for inspection.10/27/21Y N10/21/21 Kevin Prather 30‐2Voicemail box is full.  Sent an email to flyjpk182@gmail.com and was returned undeliverable. Sent a txt on 10/21/2021 at 0853 hours.  Kevin called back on 10/21/2021 0910 hours.  He will not be able to make it but will see if Fred (a representative) could let us in.  Called Fred on 11‐03‐2021 and he advised he will be out of town until 11/08/2021.11/15/21YN10/20/21 Cliff Morgan 30‐3 & 31‐2Called Wifes# 509‐750‐1669 left a voicemail.  Kay called me back and will get back to me next week when they are back in town to get inspections set up. Gary Morgan 509‐750‐7818 has a hangar, Shad is the tenant.  Kay txt me on 10/28/2021 at 1010 hours and set up an inpsection for 10/28/2021.  Inspected far south units. 10/29/2021 & 12/02/2021YN10/20/21Jim Link (Mary Wife) 31‐1Darel Fuller will meet for the inspection10/27/21 Y NMoses Lake Council Packet 12-14-21, Page 193 of 200 DateNameoParcel(s)DetailsDatePassed Y or N?Correction10/21/21 Bruce Gaskill 31‐3Left a Voicemail.  Called back on 10‐27‐2021 at 1112 hours.  Left VM.  Bruce called nad left a VM on 10/29/2021 to set up an inpsection.  Called on 11‐03‐2021 and left a VM. 10/27/21YN10/21/21 Richard Pierce 32‐1Left a message wih a female.  Called back and set inpsection date and time.10/25/21 Y N10/21/21 Lewis & Kathleen Maso 32‐2Spoke with Kathleen and set up an inspection.10/27/21 Y N10/21/21 Gregory Cochran 32‐3Called on 10/20/2021 and left a detailed message.  TJ10/27/21 Y N10/20/21 Cobin Moberg 33‐1Inpsection was setup for 10/27/2021. TJ10/27/21 Y N10/20/21 Greg Hutchinson 33‐3Meet at 33‐310/25/21 Y NMoses Lake Council Packet 12-14-21, Page 194 of 200 Community Development Project List Council Admin Report December 14, 2021 PERMIT NUMBER TYPE LOCATION PROJECT DESCRIPTION STATUS APPLICANT PLN2021-0077 BLA WESTSHORE BOUNDARY LINE ADJUSTMENT FOR LOT LINE CORRECTIONS WAITING FOR MYLARS KINCAID PLN2021-0072 BLA BLUE JAY LOT CONSOLIDATION IN PROCESS O'ROURKE PLN2021-0078 BLA STRATFORD LOT CONSOLIDATION IN PROCESS NICHOLS PLN2021-0082 SHORT PLAT WILLOW 2 LOT SHORT PLAT IN PROCESS ADROCK PLN2021-0040 SHORT PLAT MARINA 9 LOT SHORT PLAT, SEPA SEPA REQUESTED MBAR LUA2020-SHORT PLAT RANDOLPH TWO LOT SHORT PLAT WAITING FOR EASEMENT ODM FOREVER PLN2021-0013 SHORT PLAT RAMM SHORT PLAT TO CREATE BINDING SITE PLAN WAITING FOR MYLARS ML RV PARK PLN2021-0058 SHORT PLAT GRAPE 2 LOT SHORT PLAT, VARIANCE ON LOT SIZE REQUESTED HE SCHEDULED 12/7 BOYCHUK PLN2021-0031 SHORT PLAT WHEELER SHORT PLAT TO CREATE BINDING SITE PLAN WAITING FOR MYLARS GOOD FAITH LUA2020-0086 SHORT PLAT KITTLESON SHORT PLAT TO BUILD STORAGE WAITING FOR COVENANT REINHARD LUA2020-0040 SHORT PLAT BEACON 1 LOT SHORT PLAT TO BUILD NEW FOOD BANK WAITING FOR MYLARS FOODBANK PLN2021-0050 SHORT PLAT SHARON SHORT PLAT TO DESIGNATE HOUSE FROM CHURCH WAITING FOR MYLARS CHURCH OF CHRIST PLN2021-0032 Binding Site Plan WHEELER 58 TRACT BINDING SITE PLAN WAITING FOR MYLARS GOOD FAITH PLN2021-0089 Binding Site Plan Amendment MART SEGREGATING TWO LOTS FROM ONE LARGE LOT BSP NEED TO SCHEDULE PREAPP BUSH CARWASH PLN2021-0083 Comprehensive Plan Amendment Text BALSAM 2021 CODE AMENDEMENT PROCESSING CITY OF ML PLN2021-0057 Conditional Use Permit NELSON PRESCHOOL REQUIRES CUP NEED TO SCHEDULE PREAPP SUKYS PLN2021-0023 Major Final Plat 9TH AVE 38 LOT PUD FINAL PHASE OUT FOR COMMENT GREEN'S PHASE 2 PLN2021-0034 Major Final Plat FAIRWAY 39 LOT MAJOR PLAT FINAL PHASE OF SUN TERRACE NEED TO RECORD AHO PLN2021-0090 Major Final Plat PAXSON 20+ LOT MAJOR PLAT FINAL PHASE IN PROCESS OLSON HOMES PLN2021-0027 Major Preliminary Plat GRAPE 27 LOT MAJOR PLAT HE SCHEDULED 01/26 CAD HOMES Moses Lake Council Packet 12-14-21, Page 195 of 200 Community Development Project List Council Admin Report December 14, 2021 PERMIT NUMBER TYPE LOCATION PROJECT DESCRIPTION STATUS APPLICANT LUA2020-0063 Major Preliminary Plat WESTSHORE 57 LOT MAJOR PLAT (1 OF 3 PHASES) WAITING FOR MYLARS MITCHELL DEVELOPMENT PLN2021-0048 Major Preliminary Plat BEAUMONT 100+ Lot PUD NOI SENT/ MORE INFO NEEDELakemont PMP + SEPA PLN2021-0088 Rezone NELSON ZONE CHANGE AND CUP FOR DENTIST OFFICE IN PROCESS/ INFO REQUESTEDML PEDIATRIC PLN2021-0065 Shoreline - Exemption CAMAS ADDITION TO DECK, RAMP AND EXISTING DOCK IN PROCESS HENDRICKSON PLN2021-0081 Shoreline - Exemption LAGUNA REPAIR AND REPLACE BULKHEAD SEPA REVIEW JARMAN PLN2021-0012 Shoreline - Substantial Dev Pmt Com EDGEWATER STABILIZATION AND REED REMOVAL PC 12/16 Miles Shoreline Reeds Removal PLN2021-0046 Shoreline - Substantial Dev Pmt Com LAKESIDE BULKHEAD REPAIR PC 12/16 Walker Bulkhead Repair PLN2021-0024 Shoreline - Substantial Dev Pmt Res LAGUNA SHORELINE STABILIZATION In process PLN2021-0067 Shoreline - Substantial Dev Pmt Res COVEWEST SHORELINE STABILIZATION PC 12/16 Cove West HOA PLN2021-0071 Shoreline - Substantial Dev Pmt Res CRESTVIEW DOCK AND GANGWAY SEPA REVIEW Lawson Dock and Gangway PLN2021-0079 Shoreline - Substantial Dev Pmt Res LAKESHORE DOCK AND BOAT LIFT SEPA REVIEW SSDP- Fran Grant Dock and Boatlift PLN2021-0086 Shoreline - Substantial Dev Pmt Res SAND DUNE RETAINING WALL REPLACEMENT MORE INFO REQUESTED Dando Retaining Wall Replacement PLN2021-0038 UGA County Review UGA County Review Central Terminals LLC Short Plat PLN2021-0070 UGA County Review UGA County Review Moses Lake Council Packet 12-14-21, Page 196 of 200 Community Development Project List Council Admin Report December 14, 2021 PERMIT NUMBER TYPE LOCATION PROJECT DESCRIPTION STATUS APPLICANT PLN2021-0059 Variance GRAPE VARIANCE REQUESTED FOR SMALLER LOT SIZES HE HELD 12/7 VAR-Boychuk Lot Size Variance PLN2021-0042 Vacation Rental LAKESIDE Vacation Rental IN PROCESS Desert Escape LLC Vacation Rental Max Occ- 8 PLN2021-0043 Vacation Rental WALLACE Vacation Rental COMPLETED Bross Vacation Rental - Max Occ 12 PLN2021-0080 Vacation Rental INGLEWOOD Vacation Rental IN PROCESS VR- Max Occupancy 8 PLN2021-0028 ROW Vacation BLANCHETT ROW VACATION FOR KNOLLS VISTA MAJOR PLAT IN PROCESS CAD HOMES Pre-Apps 12/21 Residential Development 104 units Commercial Building Industrial Building Short Plat 9 Lots Moses Lake Council Packet 12-14-21, Page 197 of 200 Council Committees for Appointment At the first meeting in January, Council will select committee assignments and make appointments to the LEOFF Board. See Attached Spreadsheet for Committees Moses Lake Council Packet 12-14-21, Page 198 of 200 COUNCIL COMMITTEE ASSIGNMENTS (2022) City Manager Position 5 Position 4 Position 1 Position 2 Position 3 Position 6 Position 7 2nd & 4th Tuesday 7:00 p.m.X X X X X X X X 2nd Tuesday at 2:00 p.m.X 3rd Thursday of every other month at Noon X 4th Tuesday at 2:00 p.m.X As Needed X Varies 2nd Wednesday at 7:00 p.m. 2nd Friday at 12:00 p.m. Thurs. after the 1st Council mtg at 7:00 p.m. 2-3 times per year as needed As Needed Quarterly X Quarterly X X X X X X X X As Needed As Needed Civil Service Commission None Required AGCCT Bridges Int'l Student Exchange Firemen's Pension Board RCW 41.16.020 Municipal Airport Advisory Board None Required Planning Commission None Required Lodging Tax Advisory Committee ML LEOFF 1 Disability Board Council Public Safety Committee Council Comm. Dev./Municipal Svcs./Parks Committee Council Ad Hoc Homelessness Committee Wellness Committee None Required Parks & Recreation Advisory Board None Required Dustin Swartz Don Myers David Eck H. Dean Hankins Council Meetings Council Finance Committee Boards, Councils & Organizations Meets Allison Williams Judy Madewell Mark Fancher Deanna Martinez Updated: 12/2/21 Moses Lake Council Packet 12-14-21, Page 199 of 200 COUNCIL COMMITTEE ASSIGNMENTS (2022) City Manager Position 5 Position 4 Position 1 Position 2 Position 3 Position 6 Position 7 3rd Wednesday at 7:00 a.m.X 3rd Thursday at 6:30 p.m.X 2nd Wednesday at 6:00 p.m.X 3rd Tuesday at 10:00 a.m. As Needed 2-3 times per year as needed QuarterlyAGCCT GTA GCHD ML Watershed Council Yonezawa Sister City Student Exchange Grant County Solid Waste Advisory Committee Grant County Mosquito District #1 - Chris Blessing 2021-2022 Deanna Martinez Dustin Swartz Don Myers David Eck H. Dean Hankins GCEDC Boards, Councils & Organizations Meets Allison Williams Judy Madewell Mark Fancher Updated: 12/2/21 Moses Lake Council Packet 12-14-21, Page 200 of 200