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2020 0225 Council Agenda PacketMoses Lake City Council David Curnel, Mayor | Daryl Jackson, Deputy Mayor | Mike Riggs, Council Member | Karen Liebrecht, Council Member Don Myers, Council Member | David Eck, Council Member| Dean Hankins, Council Member Moses Lake Civic Center – 401 S. Balsam Tuesday, February 25, 2020, 6 PM Study Session Agenda Study Session – Larson Rec Center Presentation by Driftmier and Associates Agenda packet includes handout of Agenda Bill from October 2019 Regular Meeting Agenda Call to Order – 7 p.m. Roll Call Pledge of Allegiance Summary Reports: Mayor’s Report Additional Business City Manager’s Report •Larson Rec Center Engineering Contract Amendment Motion Citizen’s Communications – Identification Citizens who would like to address the Council must complete one of the blue speaker request cards and submit it to the City Clerk. There is a (5) minute time limit per speaker. Presentation 2020 Census Update – Luis Gomez, US Census Bureau Partnership Specialist 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. Continued on next page….. Moses Lake Council Packet 2/25/20, Page 1 of 72 February 25, 2020, City Council Meeting – Page 2 Consent Agenda continued from page 1 #1 pg 11 a.City Council Meeting Minutes dated February 11, 2020 b.Claims and Payroll c.Award Pioneer Sidewalk, Curb, and Catch Basins Rebid d.Animal Outreach Contract e.Microsoft Office 365 Contract f.RC Modeler’s Lease Agreement Public Hearing The public hearing noticed for the annexation will be re-noticed for March 10. Old Business #2 pg 69 Build on Unplatted – Shi Resolution 3794 Motion Presented by Kris Robbins, Community Development Director Summary: Council to review and consider adoption New Business – none scheduled Administrative Reports Council Communications and Reports Executive Session – none scheduled Adjournment Moses Lake Council Packet 2/25/20, Page 2 of 72 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Date: February 19, 2020 Proceeding Type: Study Session – February 25, 2020 Subject: Larson Recreation Center Funding Options – information unchanged from presentation in 2019 Legislative History: •First Presentation:September 24, 2019 •Second Presentation:October 8, 2019 •Action:Motion Staff Report Summary Council heard a report from The Driftmier Architects on their progress on designing a new recreation center at Larson Field. They presented a project with an estimated cost of $10 million without sales tax or architect and engineering fees. Adding 8.1% for sales tax, and an estimate of 5% for additional architect and engineering costs, the total for the project comes to about $11.35 million. At the September 24, 2019 meeting, Council asked that a financing plan be brought back for review. The City is eligible to use the State Treasurer’s Local Option Capital Asset Lending (LOCAL) program, and using an interest rate estimate of 3.0% over a 20 year term, the total debt service on $11.35 million is about $763,000 annually. Background When we contracted with The Driftmier Architects to design the Larson Recreation Center, Council was presented a memo that detailed funding sources for the project. A spreadsheet that summarizes the available resources for the project is attached. Between General Obligation Debt being paid in full and the ongoing Hotel/Motel Tax, the City has about $900,000 available for debt service starting in 2021, which is more than adequate to fund the estimated $763,000 annual payment for 20 years. The assumption on interest rates in that memo was 5% for a 20 year municipal bond. Since then, we have researched more financing options, and are considering using the Washington State Treasurer’s LOCAL program. The State brings together the borrowing needs of many local government units into a certificate of participation program, which issues bonds on our behalf. This saves local governments a couple of ways—the issuance cost of the bonds are split among all the participants, and the State has a much higher credit rating than most local governments so Page 2 of 2 can garner more favorable interest rates. They were able to issue bonds for a real estate project with a 20 year term for a net interest cost of 2.66% in September 2019. Fiscal and Policy Implications We will need to go through an application process with the State. This borrowing will be counted against our bonded debt capacity. I believe we are in a strong position, since we have identified the repayment streams, and we have adequate non-voted general obligation debt capacity. I did learn that it is a reimbursable program (i.e. we don’t get all the money upfront), and the construction contract needs to be in place before the State’s bond sale. They issue bonds in February, June, and October. Since the Federal Reserve dropped their interest rate in September and have indicated that there may be more easing in the near future, anytime next year would be good times to bond. Looking at a project time-line with the architects, the next steps if Council says “go” include creating detailed specifications for a bid document, and then a bid award process. It will likely take until next spring/summer to have a firm contract in place, which would put us in the June bond issue at the earliest, and possibly move us into the October. We can be on a parallel path with the bidding process to get the forms completed for the LOCAL program. With a June bond issue, we will need to have all the required documents executed with the State by late April, while an October bond issue would have a July deadline. Options Option Results •Review and make a motion for staff to start the borrowing process through the LOCAL program. Engineering can go forward with next steps to secure bids on the Larson Recreation Center project. Finance will start the process with the State Treasurer. •Review and ask staff to research other financing options. The City may issue bonds for the project. •Take no action Delay the next steps on the construction project. Staff Recommendation Staff recommends that the City Council makes a motion to direct Engineering to continue the bid specification process for the Larson Recreation Center, and Finance to continue to pursue project financing through the State LOCAL program. Attachments A. Rec Center Revenue Resources B. (New attachment for Study Session 2020) – LTAC Revenue History Legal Review N-A One Time Cash available Parks Mitigation Fund Balance as of 10/1/2019 $680,000 General Fund balance‐one time property sales 700,000 Less: balance of Driftmier contract (to get to bid) (400,000) Available for pre‐project expenses $980,000 Resources Available for Annual Debt Service Total 2021 2022 Civic Center Debt $1,665,000 General Obligation Bonds for Civic Center‐Final payment in 2020 $685,000 Interfund Loans for Civic Center‐Final payment in 2021 980,000 Less: Utility portion (not available for General Purposes) (156,300) (64,300) (92,000) 1,508,700 620,700 888,000 Hotel Motel Tax‐City's 2% Annual Revenue Estimate $357,000 $357,000 Less: Dedicated Expenses (73,000) (73,000) Available for Debt Service 284,000 284,000 Less: Operating Costs of the New Facility $5.00 per Square Foot estimated at 30,000 Sq Ft. (150,000) (150,000) Existing rent for The Learning Center 24,000 24,000 Net Increase in operating expenses (126,000) (126,000) Total Available (and by year) $1,666,700 $904,700 $762,000 City of Moses Lake Resources Available for Larson Recreation Center Project As of 10/1/2019 *Assumes a total project cost of $11,350,000, borrowing total amount for 20 years with net interest cost of 3.0% Annual Debt Service of $763,000 * Month Sales510,000 565,000 710,000 Period 2013 2014 2015 2016 2017 2018 2019 Mo/Mo Yr/YrJanuary November 37,239.62 33,221.58 45,363.54 28,663.10 33,388.06 41,469.52 39,926.86 -3.7% -3.7%February December 19,145.26 28,737.22 22,720.18 26,231.90 46,239.74 31,964.90 34,411.31 7.7% 1.2%March January 32,692.16 26,058.10 29,287.72 31,061.18 36,738.88 41,337.22 44,355.93 7.3% 3.4%April February 22,967.86 31,468.50 32,320.66 35,190.10 35,640.54 32,535.10 33,034.49 1.5% 3.0%May March 36,755.64 34,621.22 37,172.22 33,480.94 48,375.42 47,903.61 49,111.80 2.5% 2.9%June April 38,830.04 41,151.98 41,878.80 45,666.98 66,446.38 61,489.86 77,691.66 26.3% 8.5%July May 64,910.04 53,058.98 53,628.12 57,400.50 66,486.72 66,006.90 79,273.20 20.1% 10.9%August June 49,135.32 70,246.58 59,177.66 67,480.42 62,083.10 82,282.72 84,850.52 3.1% 9.3%September July 62,363.32 67,348.68 61,340.66 75,632.24 91,141.04 78,308.47 91,763.13 17.2% 10.6%October August 68,846.76 63,268.00 58,738.90 46,709.20 74,044.88 81,419.62 104,134.55 27.9% 13.1%November September 57,668.74 56,268.68 55,818.64 61,115.08 66,917.60 74,509.44 83,618.08 12.2% 13.0%December October 41,957.82 39,460.80 42,881.65 43,419.04 49,091.76 55,808.32 77,367.35 38.6% 15.0%Total year-to-date 532,512.58 544,910.32 540,328.75 552,050.68 676,594.12 695,035.68 799,538.88City of Moses LakeMonthly Hotel Motel Tax Page 1 of 3 STAFF REPORT To: From: Date: Proceeding Type: Subject: Allison Williams, City Manager Fred Snoderly, Municipal Services Director Updated February 25, 2020 Study Session and City Manager’s Report Larson Recreation Center Architectural Contract Amendment Legislative History: •First Presentation: •Second Presentation: •Requested Action: February 11, 2020 February 25, 2020 Motion Staff Report Summary Staff has received a proposal to amend the scope of work for the Larson Recreation Center to increase the proposed building size from 14,000 square feet to 30,000 square feet and adjust the not to exceed design fee accordingly as per Council direction prior to approving the 2020 Budget. The original not to exceed architectural fee was authorized at $451,249 for a 14,000 sf building. The proposed not to exceed fee is for an additional $370,353 for a total of $821,602 for design and construction engineering. Background In October 2018, Council awarded an architectural contract to The Driftmier Architects, PS to design a 14,000 square foot building to replace the existing Larson Recreation Center. After initial study of the needs, also including the need to replace the space lost in the sale of the Learning Center and the desire move the parks administrative offices to the new building, the scope of the project changed. Staff were directed to have the architect design a 30,000 square foot facility. The following proposal was generated and we are asking Council to approve the amendment. Page 2 of 3 Fiscal and Policy Implications The project will require budgeted funds to be spent. Description Amount Total Estimated Project Cost (October 2019) ($10,000,681 plus 8% A/E and 8.1% sales tax) $11,500,000 Original A/E Fee for 14,000 s.f. building $451,249 Additional Fee for increase design to 30,000 s.f. building (authorized October 2019) $370,353 Total Design Fee for building through design bidding and construction $821,602 A/E funds spent to date $294,077 Options Option Results •Approve the amendment to the Architectural Scope of Work Contract Staff will move forward with executing the amendment •Take no action Staff will stop working on this project and wait for further direction from City council. Staff Recommendation Staff recommends accepting the proposal from The Driftmier Architects, LLC for an additional amount of $370,353. Attachments A. Time and Fee Estimate Legal Review N-A City of Moses Lake Larson Recreation Center Rebuild Amendment #1 Date:10/04/19 By: LRD Proj. No.: 21901.00 Phase Description Staff Staff Hours Rate $/hr.Fee I PROGRAMMING AND PROJECT MANAGEMENT Principal $150 $0 Proj. Arch.$140 $0 Proj. Mgr 2 $115 $0 Senior Designer $95 $0 Designer 1 $80 $0 Subtotals 0 $0 II SITE EVALUATION Principal 20 $150 $3,000 Proj. Arch.20 $140 $2,800 Proj. Mgr 2 20 $115 $2,300 Senior Designer $95 $0 Designer 1 20 $80 $1,600 Subtotals 80 $9,700 III SCHEMATIC DESIGN Principal 70 $150 $10,500 Proj. Arch.80 $140 $11,200 Proj. Mgr 2 80 $115 $9,200 Senior Designer 60 $95 $5,700 Designer 1 40 $80 $3,200 Subtotals 330 $39,800 IV DESIGN DEVELOPMENT Principal 30 $150 $4,500 Proj. Arch.60 $140 $8,400 Proj. Mgr 2 70 $115 $8,050 Senior Designer 40 $95 $3,800 Designer 1 40 $80 $3,200 Subtotals 240 $27,950 V CONSTRUCTION DOCUMENTS Principal 50 $150 $7,500 Proj. Arch.100 $140 $14,000 Proj. Mgr 2 110 $115 $12,650 Senior Designer 70 $95 $6,650 Designer 1 70 $80 $5,600 Subtotals 400 $46,400 VI PERMITTING Principal $150 $0 Proj. Arch.10 $140 $1,400 Proj. Mgr 2 $115 $0 Senior Designer 10 $95 $950 Designer 1 $80 $0 Subtotals 20 $2,350 VII BIDDING Principal $150 $0 Proj. Arch.30 $140 $4,200 Proj. Mgr 2 $115 $0 Senior Designer 30 $95 $2,850 Designer 1 $80 $0 Subtotals 60 $7,050 VIII CONSTRUCTION ADMINISTRATION Principal 40 $150 $6,000 Proj. Mgr 130 $140 $18,200 130 $115 $14,950 Designer 60 $95 $5,700 Drafter 40 $80 $3,200 Subtotals 400 $48,050 SUBTOTAL ARCH. LABOR 1530 $181,300 REIMB. EXPENSE ESTIMATE 5%$9,065 SUBCONSULTANTS $163,625 $16,363 $179,988 Structural (AUE)$39,000 Mechanical, Electrical, Plumbing (Rensch)$86,900 Landscaping (Van De Vanter Group) $0 Cost Estimate Consultant (Wool-Zee Company, Inc.)$800 Civil Engineering (Erlandsen)$14,275 Envelope (Dimensional)$22,650 GRAND TOTAL DESIGN FEES $370,353 EXHIBIT B - TIME AND FEE ESTIMATE NOTE: All hours and expenses are estimated, and may be increased or decreased within the total budget limit at the discretion of Driftmier's project manager. The Driftmier project manager may transfer budget from estimated expenses to labor and vice versa, as the project manager may determine as appropriate. Work will be billed on a time and expense basis, subject to the limit of the not-to- exceed Grand Total Design Fees. Plus 10% Markup Blank page MOSES LAKE CITY COUNCIL February 11, 2020 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:45 p.m. by Mayor Curnel in the Council Chambers of the Civic Center, 401 S. Balsam St., Moses Lake, Washington. EXECUTIVE SESSION Mayor Curnel called an Executive Session at 6:45 p.m. to be held for 15 minutes pursuant to RCW 42.30.110(1)(c) to consider the minimum price real estate will be offered for sale. RECONVENE Mayor Curnel reconvened the meeting at 7 p.m. ROLL CALL Present: Mayor Curnel; Deputy Mayor Jackson; Council Members Riggs, Liebrecht, Myers, Eck, and Hankins. PLEDGE OF ALLEGIANCE Mayor Curnel led the Council in the Pledge of Allegiance. SUMMARY REPORTS MAYOR’S REPORT Kindness Proclamation Mayor Curnel read the proclamation from the agenda packet. One of the two signed originals was presented to resident Elisya Dalluge in appreciation of her efforts to initiate Kindness day and week recognitions. The other original will be posted on the bulletin board outside the Council Chambers. The meeting packet also included the same proclamation adopted by Grant County and the State of Washington. CITY MANAGER’S REPORT Grant County Conservation District – Watershed Council City Manager Allison Williams announced the scheduling of a Council Study Session on March 24 at 6 p.m. for a presentation from the Conservation District / Watershed Council regarding their work on lake algae solutions. CONSENT AGENDA #1 a. City Council meeting minutes dated January 14 and 27, 2020b.Claim Checks 146676 through 146911 in the amount of $1,441,753.69; Payroll checks 63287 through 63299 in the amount of $7,922.92; and Electronic Payments dated January 24 in the amount of $425,476.39c.Check Signers Resolution 3791d. Award Knolls Vista/Wheeler Rd Sewer Improvement Bide. Accept Access Easement from The Lakes MP Lot 2 Moses Lake Council Packet 2/25/20, Page 11 of 72 (f. was moved off the Consent Agenda and discussed immediately after) Action taken: Council Member Eck moved to approve Consent Agenda Items a. through e., second by Council Member Hankins. The motion carried 7 – 0. Larson Recreation Center Architectural Contract Amendment (formerly Consent Agenda Item f.) Staff presented an amendment for the design contract in accordance to prior direction from Council to increase the square footage of the proposed facility. Staff provided Council with the projected timeline to complete design, vest a building permit, and solicit bids for construction. Action taken: Council Member Hankins moved to postpone the contract amendment decision and have staff schedule a Study Session for an updated presentation with the design architect on February 25, second by Council Member Eck. The motion carried 7 – 0. PUBLIC HEARING #2 Authorize Purchase and Sale Agreement – Vista 1 Park Council adopted Resolution 3789 declaring the property surplus on January 14. The Council has received an offer for this property that is contingent of staff obtaining an appraisal and the buyer satisfying existing covenants. Mayor Curnel opened the Public Hearing at 7:24 p.m. There being no comments, the Hearing was closed. Action taken: Council Member Riggs moved to authorize the City Manager to execute a Purchase and Sale Agreement as discussed in Executive Session, second by Council Member Myers. The motion carried 7 – 0. OLD BUSINESS #3 Downtown Moses Lake Association (DMLA) Main Street Funding The State makes an allocation for a B&O tax credit among all eligible Main Street programs and businesses have until March 31 to register their intent to donate. DMLA is requesting $20k from the City for 2020 and then the City would receive a B&O tax credit in the amount of $15k in 2021. Action taken: Deputy Mayor Jackson moved to set a contribution in the amount of $20k to the Downtown Moses Lake Association by participating in the Main Street Tax Credit Incentive Program and authorize the City Manager to negotiate and execute the contract for services, second by Council Member Riggs. The motion carried 7 – 0. NEW BUSINESS #4 AT&T Cell Tower Lease Agreement Staff will bring back after further review of language in the contract. #5 Build on Unplatted Freeman Resolution 3792 Susan Freeman has requested to build a 344 square foot bedroom addition in the rear yard of the existing house on parcel 110007040. Action taken: Council Member Hankins moved to adopt Resolution 3792, second by Council Member Eck. The motion carried 7 – 0. Moses Lake Council Packet 2/25/20, Page 12 of 72 #6 Deviation Request for Moses Lake Avenue Staff pulled the item and will bring back an alternate solution for Council consideration. ADMINISTRATIVE REPORTS Municipal Services Director Fred Snoderly will be meeting with the consultant, FCS Group, on February 27 to begin the study for water and sewer rates which initiated staff to begin work on updating the 20-year Capital Improvement Plan. COUNCIL COMMUNICATIONS AND REPORTS Council Member Riggs encouraged Council consideration for full partner membership to support the water quality of Moses Lake. Council Member Myers shared new programs he learned about during AWC Action Days that he is researching and has asked City Manager Williams to look into as well. Deputy Mayor Jackson suggested Council Member Liebrecht be appointed to represent the City on the Grant County Economic Development Committee in addition to the staff appointment. Council Member Hankins supported the appointment. Council Member Liebrecht was unanimously appointed to the EDC. EXECUTIVE SESSION Mayor Curnel called an Executive Session at 7:36 p.m. to be held for 45 minutes pursuant to RCW 42.30.110(1)(i) to discuss litigation and there will be no further business. ADJOURNMENT The regular meeting was adjourned at 8:23 p.m. ______________________________________ David Curnel, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 2/25/20, Page 13 of 72 To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Council Meeting Date: February 25, 2020 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 146912 - 147058 $1,290,131.35 Payroll Checks 0063300 - 0063313 $10,405.58 Electronic Payments Payroll ACH -02/07/2020 $422,291.90 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 2/25/20, Page 14 of 72 Moses Lake Council Packet 2/25/20, Page 15 of 72 Moses Lake Council Packet 2/25/20, Page 16 of 72 Moses Lake Council Packet 2/25/20, Page 17 of 72 Moses Lake Council Packet 2/25/20, Page 18 of 72 Moses Lake Council Packet 2/25/20, Page 19 of 72 Moses Lake Council Packet 2/25/20, Page 20 of 72 Moses Lake Council Packet 2/25/20, Page 21 of 72 Moses Lake Council Packet 2/25/20, Page 22 of 72 Moses Lake Council Packet 2/25/20, Page 23 of 72 Moses Lake Council Packet 2/25/20, Page 24 of 72 Moses Lake Council Packet 2/25/20, Page 25 of 72 Moses Lake Council Packet 2/25/20, Page 26 of 72 Moses Lake Council Packet 2/25/20, Page 27 of 72 Moses Lake Council Packet 2/25/20, Page 28 of 72 Moses Lake Council Packet 2/25/20, Page 29 of 72 Moses Lake Council Packet 2/25/20, Page 30 of 72 Moses Lake Council Packet 2/25/20, Page 31 of 72 Moses Lake Council Packet 2/25/20, Page 32 of 72 Moses Lake Council Packet 2/25/20, Page 33 of 72 Moses Lake Council Packet 2/25/20, Page 34 of 72 Moses Lake Council Packet 2/25/20, Page 35 of 72 Moses Lake Council Packet 2/25/20, Page 36 of 72 Moses Lake Council Packet 2/25/20, Page 37 of 72 Moses Lake Council Packet 2/25/20, Page 38 of 72 Moses Lake Council Packet 2/25/20, Page 39 of 72 Moses Lake Council Packet 2/25/20, Page 40 of 72 STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: February 13, 2020 Proceeding Type: Consent Agenda Subject: Award Pioneer Sidewalk, Curb and Catch Basin Rebid Project Legislative History: •First Presentation: •Second Presentation: •Requested Action: February 25, 2020 Motion Staff Report Summary On February 12 staff opened bids for the 2020 Pioneer Sidewalk, Curb and Catch Basin Rebid Project. The City received eight (8) bids for the work. The low bid is $229,985.62 which is lower that the Engineer’s Estimate of $301,112.00. Background The 2020 budget includes money for completing these improvements. This project consists of replacing 2,000 square yards of existing sidewalk on the west side of Pioneer Way between Riviera Ave and Hill Ave along with curb and catch basins. The existing sidewalk and curb has severely degraded over the last several years. The low bidder, Total Site Services of Richland Washington, has not worked with the City on past projects. Fiscal and Policy Implications The project will require budgeted funds to be spent. Moses Lake Council Packet 2/25/20, Page 41 of 72 Options Option Results • Award the Pioneer Sidewalk, Curb and Catch Basin Rebid Project to the lowest bidder Staff will move forward with executing a contract with the low bidder to complete the work. • Take no action Staff will stop working on this project and wait for further direction from the City Council. Staff Recommendation Staff recommends accepting the bid for the Pioneer Sidewalk, Curb and Catch Basin Rebid Project from Total Site Services in the amount of $229,985.62. Attachments A. Bid Summary Legal Review N-A Moses Lake Council Packet 2/25/20, Page 42 of 72 Moses Lake Council Packet 2/25/20, Page 43 of 72 Moses Lake Council Packet 2/25/20, Page 44 of 72 Moses Lake Council Packet 2/25/20, Page 45 of 72 STAFF REPORT To: Allison Williams, City Manager From: Kevin Fuhr, Police Chief Date: February 21, 2020 Proceeding Type: Consent Agenda Subject: Grant County Animal Outreach Contract 2020-2023 Legislative History: •First Presentation: February 25, 2020 •Second Presentation: •Action: Motion Staff Report Summary Attached is a revised Grant County Animal Outreach Contract (GCAO). The contract is the result of a request by the GCAO to increase our yearly fee from $50,500 to $60,000. Background The City contracted with the GCAO in November, 2008 with an initial fee of $47,250. In 2010 the contract was amended to the current fee of $50,500. No increases have been requested until 2020. The Council approved the increase in the 2020 budget, however, a new contract needs to be authorized. Staff Recommendation Staff recommends that the City Council adopt the revised contract. Attachment A. Contract Legal Review The following document is attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel •Contract GCAO Contract 2/12/2020 Moses Lake Council Packet 2/25/20, Page 46 of 72 ANIMAL CONTROL AND SHELTER CONTRACT THIS CONTRACT, made and entered into by and between the following: City of Moses Lake (CITY), a political subdivision of the State of Washington, and Grant County Animal Outreach, Inc. (GCAO), a Washington non-profit corporation. WHEREAS, the CITY desires to have certain services performed as hereinafter set forth requiring specialized skill and other supportive capabilities; and WHEREAS, the GCAO represents that it is qualified and possesses sufficient skills and the necessary capabilities, including technical and professional expertise where required, to perform the services set forth in this Contract; and NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, the parties agree as follows: 1. DEFINITIONS: "Animal" means any nonhuman mammal, bird, reptile, or amphibian, pursuant to RCW 16.52.0l 1(2)(a). "Animal Care and Control Agency'' means any city or county animal control agency or authority authorized to enforce city or county municipal ordinances regulating the care, control, licensing, or treatment of animals within the city or county, and any corporation organized under RCW 16.52.020 that contracts with a city or county to enforce the city or county ordinances governing animal care and control, pursuant to RCW 16.52.011(2) (b). "Animal Control Authority" means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals, pursuant to RCW 16.08.070(5). "Animal Control Officer" means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal, pursuant to RCW 16.08.070(6). "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal, pursuant to RCW 16.08.070(7). 2. RESPONSIBILITIES: A. GRANT COUNTY ANIMAL OUTREACH Moses Lake Council Packet 2/25/20, Page 47 of 72 The GCAO agrees to provide animal shelter services for all Animals for which impounding or quarantine is authorized by the CITY, pursuant to a lawfully issued order by a tribunal with jurisdiction or, as otherwise authorized by the CITY. Such services shall include, without limitation, the following: • Quarantine animals - when requested by the CITY, GCAO will act as quarantine facility for Animals suspected of rabies. Rabies suspects, including those having bitten a human, must be handled differently than a standard impounded Animal. The Animal will be confined and observed for up to ten (10) days, or longer as directed by a tribunal with jurisdiction or, a public health official with jurisdiction. If still healthy at the end of the quarantine period, the Animal may be released. If the Animal is not claimed within the period set forth in the Contract, the Animal may be disposed of pursuant to the Contract and applicable authority, including the euthanization of same and submittal of the Animal's brain to an approved laboratory for examination; • Have available the services of a local veterinarian for injured, sick or diseased Animals at all hours; • Act as the Animal shelter operator by furnishing and maintaining a shelter for the handling of all Animals, dead or alive, from the CITY, whether they be stray, impounded or otherwise turned over to GCAO; • Provide the best possible care and treatment for Animals in its care and custody delivered by the CITY, including proper food, water, housing and humane care for all Animals under its control pursuant to the Contract; • Shall not permit the shelter to become overcrowded; • Shall not release any impounded animal without proof of ownership, current license, and full payment of all applicable fees; • Shall require that all stray Animals under the terms of this Agreement be sterilized, at the responsibility of the adopter, as a condition of adoption. GCAO agrees to actively pursue a one hundred percent (100%) effective spay/neuter rate; • Provide sufficient, competent and trained employees or volunteers to assume the responsibilities of this Contract; • Adopt out stray or unclaimed Animals with licenses, as requested by the public or required by law; • Enable CITY to deliver Animals on a seven day a week, twenty-four hour basis; and • Arrange for the humane destruction and disposal of Animals as required. Moses Lake Council Packet 2/25/20, Page 48 of 72 Such disposal and destruction shall be accomplished in a manner approved by Federal or State regulations that will not subject such Animal to any unnecessary pain; • Make all reasonable efforts to "place," "adopt" or "transfer" any Animal surrendered/delivered to GCAO by CITY representatives, to another person or organization and, if necessary, at the sole discretion of GCAO, euthanize said Animals and dispose of the carcasses of any euthanized Animals; • Will shelter unlicensed stray Animals for a minimum of seventy-two (72) hours (excluding weekends and holidays) before euthanizing, in order to allow the Owner an opportunity to reclaim the Animal. During the minimum seventy-two (72) hour shelter period, with regard to stray animals, GCAO shall make all reasonable efforts to locate the Owner of any stray animal and/or make all reasonable efforts to "place," "adopt," or "transfer" any Animal to another person or organization. GCAO shall use its discretion on whether or not to hold any stray Animal for placement or adoption or whether or when any stray Animal shall be euthanized and disposed of after the seventy-two (72) hour period; • Will shelter licensed or microchipped stray Animals for a minimum of one hundred forty four (144) hours (excluding weekends and holidays) before euthanizing, in order to allow the Owner an opportunity to reclaim the Animal. During the minimum one hundred forty four (144) hour shelter period, with regard to licensed or microchipped stray animals, GCAO shall make all reasonable efforts to locate the Owner of any stray animal and/or make all reasonable efforts to "place," "adopt," or "transfer" any Animal to another person or organization. GCAO shall use its discretion on whether or not to hold any stray Animal for placement or adoption or whether or when any licensed or microchipped stray Animal shall be euthanized and disposed of after the one hundred forty four (144) hour period; • Have the shelter open for reasonable hours (Monday through Saturday, or Tuesday through Sunday), except for legal holidays recognized by the State of Washington. During the hours the shelter is open, the shelter, at the discretion of GCAO, can be manned by paid GCAO staff or GCAO volunteers. Further, whether the shelter is open on Sundays or legal holidays, shall be within the discretion of GCAO. GCAO shall notify the CITY, in writing, of the days and hours the shelter is to be open and shall not change such days or hours unless providing advance, written notification to the CITY; • Will deliver a monthly invoice detailing the total number of Animals delivered and their disposition. Each invoice shall also be accompanied by a list that covers the same period as the invoice, showing the name, address, phone number, and driver’s license number of the person delivering the Animal that corresponds to each Animal on the invoice, the address where the Animal was found, if stray, Moses Lake Council Packet 2/25/20, Page 49 of 72 and the name, address, phone number, and driver’s license number of any person reclaiming an Animal during the invoice period. The invoice shall include a detailed list of any Animal that incurred other fees or charges during the invoice period, including any Animal held in quarantine or pursuant to a Bite-Hold or criminal proceeding; and • Must maintain adequate records to support billings for a period of six (6) years after the date of billing. . The GCAO agrees to provide the CITY with an annual report within two (2) weeks following the end of each year this Contact is in force. At a minimum, the annual report shall include the following information: • The number of Animals brought to the shelter by the CITY along with the source of the Animals (stray or owner relinquishment). The number of Animals brought to the shelter by the CITY and the source of the Animals. Also, the percentage of Animals which were adopted, transferred, returned to Owner, died, or euthanized. • The number of complaints received, investigations conducted, and the disposition of any complaints handled, etc. • Any other information the CITY specifically requests in writing at least one (1) Month prior to the end of the period this Contract is in force. • Any information which GCAO may determine to be informative, helpful or relevant. B. CITY The CITY agrees to rent the building and property located at 6725 Randolph Road to the GCAO for one dollar ($1) per year for each year the contract is in force. The City shall be responsible for property taxes and fees associated with the property. The GCAO shall be responsible for the operational expenses associated with running the shelter at the facility including the utilities and maintenance costs. The CITY agrees to pay the GCAO the annual amount of Sixty Thousand Dollars ($60,000), for services provided herein, in twelve (12) monthly installments of Five Thousand Dollars ($5,000). The CITY shall not be responsible for payment of veterinary services requested by GCAO and GCAO shall not be responsible for payment of veterinary services requested by the CITY. Moses Lake Council Packet 2/25/20, Page 50 of 72 3. VETERINARY SERVICES: Notwithstanding Paragraphs listed in section B, the CITY shall be obligated to pay the following amounts with respect to animals delivered by the CITY to GCAO that are subject to statutory, prosecutorial, or judicial holds, including, but not limited to, animals subject to Bite Holds, animals held as evidence in criminal proceedings, or animals otherwise required to be held beyond the required minimum seventy-two (72) hours or the ten (10) day holding period a: • Sixty-five percent (65%) of the normally charged rate by GCAO to the general public for holding animals; • In the event a court orders, and the animal owner pays, an amount for care of an animal to GCAO, the CITY shall pay fifty percent (50%) of the remaining amount, if any, due GCAO based on its normally charged rate to the general public for holding animals; • The CITY shall be responsible for payment of all veterinary services for any animal the CITY delivers to GCAO to the extent possible, and while maintaining humane care for the animal, GCAO will obtain prior CITY authority for veterinary treatment. • Payments required in accord with this Paragraph and its subparts shall be made within thirty (30) days upon request by GCAO. GCAO represents and warrants that it will not perform any veterinary services. GCAO will require and have on file proof of veterinary medical malpractice insurance from any veterinary clinic or individual with whom it contracts for veterinary services. 4. INDEMNIFICATION AND INSURANCE: GCAO shall defend, indemnify, and hold the CITY, its officers, officials, and employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees and costs, and liability, arising out of or in connection with the performance and from the activities of GCAO, and its officials, officers, employees, and agents, in the performance of this Contract, except for injuries and damages caused by the sole negligence of the CITY. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of GCAO and the CITY, its officers, officials, employees, and volunteers, GCAO’s liability hereunder shall be only to the extent of GCAO’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes GCAO's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Moses Lake Council Packet 2/25/20, Page 51 of 72 A. Insurance Term GCAO shall procure and maintain insurance, as required in this Section, without interruption from commencement of GCAO’s work through the term of the contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated herein. B. No Limitation GCAO’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of GCAO to the coverage provided by such insurance, or otherwise limit the CITY’s recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance GCAO’s required insurance shall be of the types and coverage as stated below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The CITY shall be named as an additional insured under GCAO’s Commercial General Liability insurance policy with respect to the work performed for the CITY using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. D. Minimum Amounts of Insurance GCAO shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. E. CITY Full Availability of Contractor Limits If GCAO maintains higher insurance limits than the minimums shown above, the CITY shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by GCAO, irrespective of whether such limits maintained by GCAO are greater than those required by this contract or whether any certificate of insurance furnished to the CITY evidences limits of liability lower than those maintained by GCAO. F. Other Insurance Provision GCAO’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the CITY. Any insurance, self-insurance, or self-insured pool coverage maintained by the CITY shall be excess of GCAO’s insurance and shall not contribute with it. Moses Lake Council Packet 2/25/20, Page 52 of 72 G. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. H. Verification of Coverage GCAO shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the insurance requirements of GCAO before commencement of the work. Upon request by the CITY, GCAO shall furnish certified copies of all required insurance policies, including endorsements, required in this contract and evidence of all subcontractors’ coverage. I. Subcontractors’ Insurance GCAO shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of GCAO-provided insurance as set forth herein, except GCAO shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. GCAO shall ensure that the CITY is an additional insured on each and every Subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. J. Notice of Cancellation GCAO shall provide the CITY and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice. K. Failure to Maintain Insurance Failure on the part of GCAO to maintain the insurance as required shall constitute a material breach of contract, upon which the CITY may, after giving five business days’ notice to GCAO to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due GCAO from the CITY. 5. GCAO QUALIFICATIONS AND TRAINING: GCAO assumes full responsibility for the selection, qualifications, and training of its personnel. 6. GCAO ESTABLISMENT OF FEES: GCAO shall determine and keep the fees charged for impounding Animals brought in by those other than the CITY, including private citizens within Grant County, private citizens residing outside Grant County and all other cities existing within Grant County, the adoption fee charged anyone obtaining an Animal from GCAO, boarding fees or any other fee charged by GCAO which GCAO feels is appropriate. Moses Lake Council Packet 2/25/20, Page 53 of 72 7. PAYMENT BY CITY: This Contract and payments made hereunder shall constitute the CITY's entire obligation for impound fees, boarding fees, euthanasia fees or any other fees GCAO may charge when an Animal is brought into GCAO's care, custody and control. 8. TERM: This Contract is effective from January 1, 2020 to December 31, 2023. 9. WAIVERS: The failure of the CITY to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of the rights or remedies that the CITY may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. 10. NOTICE: All notices to be given with respect to this Contract shall be in writing. Each notice shall be sent by registered or certified mail, postage prepaid and return receipt requested, to the party to be notified at the address set forth herein or at such other address as either party may from time to time designate in writing. If to CITY: City Manager 401 S Balsam St – PO Box 1579 Moses Lake, WA 98837 If to GCAO: Grant County Animal Outreach PO Box 489 Moses Lake WA 98837 Every notice shall be deemed to have been given three days after its deposit in the United States mails 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. 11. APPLICABLE LAW AND VENUE: This Contract shall be governed by and construed in accordance with the laws of the State of Washington. Venue of any action shall lie in Grant County Superior Court, Grant County, Washington. 12. INVALIDITY: Any provision of this Contract which shall prove to be invalid, void or illegal shall in no way Moses Lake Council Packet 2/25/20, Page 54 of 72 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. 13. TIME IS OF THE ESSENCE: Time is of the essence in performance of any and all obligations pursuant to this Contract. 14. INDEPENDENT CONTRACTOR STATUS: The parties intend that an independent contractor relationship will be created by this Contract. No agent, official, officer, employee, servant or representative of GCAO shall be deemed to be an officer, official, employee, agent, servant or representative of the CITY for any purpose. GCAO will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants or representatives. GCAO is now and has always been an independent contractor. Nothing contained in this Contract, or related documents shall be construed as creating any form of employment relationship between the CITY and GCAO, or the agents, officers, or employees of GCAO. The agents, officers, or employees of GCAO shall not be entitled to any rights or privileges of CITY employment. GCAO assumes exclusive responsibility for any and all actions, rights and obligations of its agents, officers, or employees. GCAO is responsible for all payroll taxes, as otherwise appropriate, including without limitation, Federal Social Security taxes, Federal and State unemployment taxes and State workmen's compensation, insurance premiums, license fees, fingerprinting costs, outfitting expenses, and any other expenses of GCAO related to the execution of this Contract. The CITY has not and shall not be responsible for withholding or payment of any taxes or Social Security on behalf of GCAO, including without limitation, industrial insurance premiums. GCAO shall be fully responsible for any such withholding or payments, including without limitation, taxes, social security and industrial insurance premiums. 15. LICENSING: GCAO shall be duly licensed and shall obtain all necessary licenses and permits to perform the services required herein. Costs for all licenses, permits, background and screening costs, etc., are the sole responsibility of GCAO. Throughout the term of this Contract, GCAO shall possess and maintain valid licenses and/or certifications as may be required by local, State and/or Federal law. Potential for license suspensions, revocations or limitations shall be reported to CITY, in writing, within three (3) days of notice from any licensing agency or authority, or governing body, with jurisdiction. Within ten (10) business days of the last party to the Contract signing thereto, GCAO shall provide written verification of current licensing and certification credentials maintained by the CITY. 16. NONASSIGNMENT: No portion of nor any interest in this Contract may be assigned to a third party without the prior Moses Lake Council Packet 2/25/20, Page 55 of 72 written approval of the CITY. 17. INSPECTIONS: GCAO shall submit to inspections of the premises and records by CITY representatives at any time, without prior notice. Such inspections may include, but not be limited to, inspection of kennels or observations of procedures. 18. LIAISON OFFICERS: The Chief of Police shall be responsible for the administration of this Agreement. All reports, recommendations, and other correspondence will be directed to the Chief. It shall be the duty of the Chief of Police to see that the terms of this Agreement are complied with, and to forward to the City Manager all requests for changes in the policy requested by GCAO. GCAO’s President of the Board of Directors shall act as GCAO’s liaison with the CITY. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year as set forth herein. DATED this _________ day of____________________, 2020. CITY OF MOSES LAKE ________________________________ Allison Williams, City Manager GRANT COUNTY ANIMAL OUTREACH ________________________________ Director Moses Lake Council Packet 2/25/20, Page 56 of 72 STAFF REPORT To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Date: February 21, 2020 Proceeding Type: Consent Agenda Subject: Microsoft Office 365 Contract Legislative History: •First Presentation: February 25, 2020 •Second Presentation: •Requested Action: Motion Staff Report Summary The 2020 budget includes an initiative to move the City from individual licensing of our Microsoft products (i.e. Outlook, Excel, Word, etc.) to the cloud-based subscription service called Microsoft Office 365. Since the contract is over the City Manager’s authority to approve, we are submitting it for Council to authorize the City Manager to execute the contract. Background The City currently utilizes individual licenses for the Microsoft Office products. This has resulted in an inconsistency in software versions used by employees. The Information Technology (IT) staff presented a budget request to move the City from individual licensing of our Microsoft Office products (i.e. Outlook, Excel, Word, etc.) to the Microsoft Office 365 cloud-based subscription service. This is intended to provide an increase in service availability, security and consistency among all users who will have the most recent versions of all Office products, and will allow editing of Office documents on tablets and phones. Council discussed and approved this item at their Budget Workshop held on October 26, 2019. IT is developing an implementation schedule to systematically convert from the individual licenses, and then provide training for all end users. Moses Lake Council Packet 2/25/20, Page 57 of 72 Fiscal and Policy Implications As a subscription service, we will be paying $17.91/month for 250 licenses which includes the full Office suite and Microsoft Exchange hosting and additional online services. In addition, we will require 50 licenses at $6.09/month for just Exchange hosting for email use only, which brought the estimated annual cost to $57,392 plus tax for a total of about $62,000. The 2020 budget is $64,800, but our price is less because we received a state contract discount. Options Option Results • Move to authorize the City Manager to execute the agreement(s) with Microsoft IT will begin implementation of Office 365 • Take no action The City would continue with the individual licenses for Microsoft products. Staff Recommendation Staff recommends that City Council authorize the City Manager to execute the Microsoft Office 365 contract as presented. Attachments A. Contract Legal Review N-A Moses Lake Council Packet 2/25/20, Page 58 of 72 Moses Lake Council Packet 2/25/20, Page 59 of 72 Moses Lake Council Packet 2/25/20, Page 60 of 72 Moses Lake Council Packet 2/25/20, Page 61 of 72 Moses Lake Council Packet 2/25/20, Page 62 of 72 Moses Lake Council Packet 2/25/20, Page 63 of 72 STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: February 19, 2020 Proceeding Type: Consent Agenda Subject: Moses Lake Radio Control Modelers License Agreement Legislative History: •First Presentation: February 25, 2020 •Second Presentation: •Action: Motion Staff Report Summary Attached is the new license agreement for Moses Lake Radio Control Modelers (MLRCM). Background An agreement was signed in 1995 between the MLRCM and the City of Moses Lake to allow them to use a portion of Sand Dunes Waste Water Treatment Facility property to operate an airstrip for radio controlled airplanes. The agreement has been updated and revised to reflect current need for the use of the land to apply biosolids and the leasing of the land to a local farmer to use up the biosolids produced in the treatment plant. This spreading and farming operation will save the City over $100,000 annually in trucking costs to haul away the biosolids. The new agreement by the MLRCM and City of Moses Lake will maintain the use of the current airstrip and includes a $500 dollar annual payment for use of the ground. Staff Recommendation Staff recommends Council to authorize the Agreement. Attachments A. License Agreement B. Map C. Legal Description Legal Review Type of Document Title of Document Date Reviewed by Legal Counsel •Lease Agreement Release of Liability and Grant of License 2/11/2020 Moses Lake Council Packet 2/25/20, Page 64 of 72 RELEASE OF LIABILITY AND GRANT OF LICENSE THIS AGREEMENT is made between the City of Moses Lake, Washington, a municipal corporation of the State of Washington (Grantor), and the Moses Lake Radio Control Modelers, a Washington nonprofit corporation (Grantee). RECITALS a. Grantor owns real property located in Moses Lake, Grant County, Washington, identified and depicted on the attached map (Exhibit A), hereinafter the “Property”. Grantee desires to use the Property to engage in the social business of providing recreational opportunities to members and invitees for flying radio controlled model aircraft. b. Grantor is willing to permit such access and use of the Property pursuant to the terms of this Release of Liability and Grant of License agreement (Agreement) in consideration for Grantee’s agreement to maintain the existing improvements on the Property (landscaping, fencing, landing strip and related improvements) and fee set forth in Section 4 below. Grantee’s maintenance obligations shall include the requirements of irrigating, mowing, and maintaining the landscaped areas of the Grantor’s property. c. The parties therefore agree as follows: AGREEMENT 1. Grant of License to Use Grantor’s Property. Grantor grants to Grantee a License to access and use Grantor’s Property described in the attached Exhibit A for the sole purposes identified in Section 2 below. This License is subject to the terms and conditions of the farm lease agreement executed between Grantor and Cox and Grantee’s use of the Property shall not interfere with Cox’s farming operations. 2. Scope of License. The License shall be solely for the purpose of engaging in the social business of providing recreational opportunities to members and invitees for flying radio controlled model aircraft. Grantee’s use of the Property shall be in full compliance with all applicable federal, state, and local laws, rules and regulations. Grantee and Grantee’s members, representatives, volunteers, employees, invitees, and agents, shall comply with the current version of the Academy of Model Aeronautics National Model Aircraft Safety Code. 3. License Fee and Term of License. As additional consideration for the use of Grantor’s Property, Grantee shall pay to Grantor the annual license fee of Five Hundred Dollars ($500.00). The License shall be revocable without cause upon ninety (90) days’ written notice by either party. In the event Grantee is in violation of the terms of this License, Grantor may terminate this License after ten (10) days’ written notice of the violation in the event the violation is not corrected. This License shall continue from the date hereof until revoked. In the event the License is revoked by Grantor prior to the end of the Term, the License Fee shall be Moses Lake Council Packet 2/25/20, Page 65 of 72 prorated. 4. Extent of Grantee’s Interest. This License is a grant to use Grantor’s property for a specific use only, and does not constitute an interest in land. This License is not inheritable, assignable, or transferable, and is personal to the Grantee. 5. Insurance and Indemnification. The Grantee shall maintain throughout the term of this Agreement liability insurance coverage in amounts and types as approved by Grantor, for liability for bodily injury, death and for property damage to indemnify the Grantor against any such liability or expense and which includes the Grantor as an additional insured. Grantee’s insurance shall be primary to, and non-contributory with, any insurance maintained by Grantor. The Grantee shall defend, indemnify and hold harmless Grantor, its officers, employees, officials, and successors and assigns, from and against any and all liability, loss, damage, expense, injury, action and claims, including attorney fees, asserted or arising directly or indirectly on account of or out of acts, omissions, activities, or operations of Grantee, its agents, contractors, employees, licensees or invitees in the exercise of the rights granted in this License, except for injuries and damages caused by the sole negligence of the City. This Agreement to indemnify specifically extends to any claims by third parties arising out of the construction, design, location, condition, use, and maintenance of the access way. It is further specifically and expressly understood that the indemnification provided herein constitutes the Grantee’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Governing Law and Venue. This License Agreement shall be governed by and construed in accordance with the laws of the State of Washington, and any litigation arising out of this License Agreement shall be in Grant County, Washington. 7. Entire Agreement. This License Agreement is the complete and exclusive agreement between the parties, which supersedes all proposals or prior oral agreements, and all other communications between them relating to the Grantor’s property. Amendments or modifications to this Agreement shall only be effective if they are in writing and signed by both parties. 8. Attorney’s Fees and Costs. In the event of any action by Grantor or Grantee brought to interpret this Agreement or to enforce any of the provisions herein, each party shall pay its own attorney’s fees and costs. DATED this _____ day of February, 2020. City of Moses Lake, Grantor Moses Lake Radio Control Modelers ______________________________ ____________________________ By: Allison Williams By: City Manager Moses Lake Council Packet 2/25/20, Page 66 of 72 Moses Lake Council Packet 2/25/20, Page 67 of 72 Moses Lake Council Packet 2/25/20, Page 68 of 72 STAFF REPORT To: Allison Williams, City Manager From: Kris Robbins, Community Development Director Date: February 4, 2020 Proceeding Type: New Business Subject: Build on Unplatted Property- Shi Legislative History: •First Presentation: February 25, 2020 •Second Presentation: •Requested Action: Motion Staff Report Summary The Community Development Department has received a request from Don Shi to build on an unplatted property, parcel number 171041000, NNA Randolph Road. The proposal is to construct approximately a 132’ x 80’ warehouse building at this location. Background A building permit cannot be issued on unplatted property in accordance with MLMC 16.02.040 unless the City Council finds that the public interest will not be adversely affected by the issuance of such a permit. All other criteria of the building permit requirements will still apply. Fiscal and Policy Implications - No impact. Options Option Results •Adopt the Resolution as presented Find that the request meets the provisions of MLMC 16.02.040 and grant the request to build on unplatted property •Take no action The warehouse will not be constructed and the property will remain as is or the applicants would need to plat the property first Staff Recommendation Staff recommends that the Moses Lake City Council adopt the Resolution for approval to build on unplatted property as presented and require that the property be platted within one year. Attachments A. Resolution 3794 B. Proponent Request & Map Legal Review – N/A Moses Lake Council Packet 2/25/20, Page 69 of 72 RESOLUTION NO. 3794 A RESOLUTION ALLOWING DON SHI TO BUILD ON UPLATTED PROPERTY RECITAL: Moses Lake Municipal Code 16.02.040 allows for the issuance of a building permit to a proponent who wishes to build on unplatted property after a resolution has been duly passed by the City Council. Don Shi has requested the City Council to allow him to build on unplatted property he owns and described as follows: A parcel of land located in Section 32, Township 20 North, Range 28 E.W.M., Grant County Washington, Beginning at a point 2,403.86 feet North and 6276.03 feet West of the Southeast corner of Section 33 of said Township and Range (whose Washington State Grid South Zone Coordinates are Y=674,047.08,X=2,298,909.20 and are referred to U.S.C. & G.S. station “SPAD” whose Washington State Grid South Zone coordinates are Y=676,911.66,X=2,288,625.74)said point of beginning being the intersection of a county road known as Dover Street and a private road known as 6th Avenue; thence South 89*02’50” West along the centerline of Dover Street 760.00feet, thence South 0*56’56” East 724.00 feet to the centerline of Elgin Street; thence North 89*02’50” East along the cente4rline of Elgin Street 760.00 Feet to the centerline of 6th Avenue, thence North 0*56’56” West along the centerline of 6th Avenue 724.00 feet to the point of beginning. Parcel #17-1041-000 RESOLVED: Don Shi be allowed to construct the proposed warehouse on unplatted property provided that all permits and construction plans are submitted and approved by the appropriate city departments. 2. The property is to be platted within one year of approval. Adopted by the City Council on February 25, 2020. ______________________________________ David Curnel, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 2/25/20, Page 70 of 72 Moses Lake Council Packet 2/25/20, Page 71 of 72 Moses Lake Council Packet 2/25/20, Page 72 of 72