2020 0324 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
Regular Meeting Agenda
Tuesday, March 24, 2020, 7 PM
Due to the COVID-19 pandemic, the Mayor and Council in person attendance at the meeting will be optional
and they, as well as the public, are encouraged to attend remotely via phone or any web access device. Limited
space will be available for the public at the in person meeting in the Council Chambers due to the Governor’s
order to limit meetings to 10 persons or less. Attendees can join the meeting via phone by calling 877 853 5257
(Toll Free) or 888 475 4499 (Toll Free) and entering the Webinar ID: 444 989 780 #, or online at
https://zoom.us/j/444989780.
Call to Order – 7 p.m.
Roll Call
Summary Reports: Motion Mayor’s Report - Pandemic Emergency Proclamation Resolution 3798
-Hope Source Letter of Support Motion
Additional Business
City Manager’s Report
Citizen’s Communications – Citizens who would like to address the Council must submit written comments to
the City Clerk no later than 3 p.m. on the day of the meeting. Comments will be provided to Council
electronically and recorded in the meeting minutes. There will be no setup to take public comments at the
meeting.
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 8
a.City Council Meeting Minutes dated August 23, 2020
b.Claims and Payroll
c.WSDOT Aviation Grant Application Resolution 3796
d.Award Valley Rd/Loop Dr Water Main Improvements Bid
e.Award 2020 Pole Building Bid
f.Wastewater Telemetry Improvements Proposal
g.Accept Utility Improvement from Polo Ridge 2 Resolution 3797
continued …. Moses Lake Council Packet 3-24-20, Page 1 of 182
March 24, 2020, City Council Meeting – Page 2
Consent Agenda Continued:
h.Accept Well #18 Starter Replacement 2019
i.Accept Larson Lighting and Lauzier Scoreboard Projects
j.Invoice Cloud Contract
Old Business – none scheduled
New Business
#2
#3
#4
pg 137
AFSCME Labor Agreement Motion
Presented by Allison Williams, City Manager
Summary: Council to review and consider approval
pg 174
9120 Space St NE Request to Connect to Water and Sewer Motion
Presented by Fred Snoderly, Municipal Services Director
Summary: Council to review and consider approval of connection with an extra territorial agreement
pg 178
Late Fee and Interest Temporary Waivers Ordinance 2946 Motion
Presented by Cindy Jensen, Finance Director
Summary: Council to review and consider adoption
Administrative Reports
Council Communications and Reports
Executive Session
Potential Litigation pursuant to RCW 42.30.110(1)(i)
Adjournment
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DECLARATION OF AN EMERGENCY FOR THE COVID-19 PANDEMIC RESPONSE
RECITALS:
1.On March 5, 2020, the Washington State Department of Health (DOH) confirmed
the first case of the novel coronavirus {COVID-19) in Grant County, Washington, and the
Grant County Health District and the Washington State Department of Health have since
worked to identify, contact, monitor and test others in Grant County potentially exposed to
COVID-19 in coordination with the US Centers for Disease Control and Prevention (CDC);
and
2.COVID-19, a respiratory disease that can result in serious illness or death, is caused
by the SARS-CoV-2 virus, which is a new strain of coronavirus that had not been previously
identified in humans and can easily spread from person to person; and
3. The CDC identifies the potential public health threat posed by COVID-19 both
globally and in the United States as "very high," and has advised that person-to-person spread
of COVID- 19 will continue to occur globally, including within the United States and Grant
County; and
4.The DOH currently indicates there are over 1,185 confined cases of COVID-19 in
Washington State and 67 fatalities, and the DOH confirmed localized person-to-person spread
of COVID-19 in Washington State, significantly increasing the risk of exposure and infection
to Washington State's general public creating an extreme public health risk that may spread
quickly; and
5.Seven confirmed cases, and several persons under investigation (PUI) cases of
COVID-19 already exist in Grant County, COVID-19 already caused the death of one Grant
County resident, and the effects of its extreme risk of person-to-person transmission
throughout Grant County may significantly impact the life and health of our people, as well
as our economy, and is a public health disaster that affects life, health, property or the public
peace; and
6.On January 31, 2020, the United States Department of Health and Human Services
Secretary Alex Azar declared a public health emergency for COVID-19, beginning January
27, 2020; and
City of Moses Lake
Grant County, Washington
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7. On February 29, 2020, Washington State Governor Jay Inslee proclaimed a public
health emergency for COVID-19, beginning February 29, 2020; and
8. On March 2, 2020, the Grant County Health District activated its District Operations
Center to manage their response to the COVID-19 cases; and
9. On March 12, 2020, the Grant County Health Officer proclaimed a countywide
public health emergency (Per RCW 70.05.070) for COVID-19; and
10. On March 13, 2020, the Grant County Board of Commissioners declared a State
of Emergency in Grant County, beginning March 13, 2020; and
11. There is an emergency present which necessitates activation of the Grant County
Comprehensive Emergency Management Plan and utilization of emergency powers granted
pursuant to chapter 38.52 RCW, Grant County Code (GCC) 2.32, and MLMC 2.52.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AS FOLLOWS:
1. EMERGENCY DECLARATION. A state of emergency, specifically covered under
Chapter 38.52 RCW, exists within the City of Moses Lake, Washington, as a result of the spread of
COVID-19 in Grant County. The outbreak of COVID-19 and the effects of its extreme risk of
person-to-person transmission throughout Washington State and Grant County significantly impacts
the life and health of those living and working at Moses Lake, as well as continuity of operations
and government at the City, and is a public emergency that affects life, health, property or the
public peace.
2. EMERGENCY POWERS. All emergency powers and authority set forth in RCW
38.52 and MLMC 2.52 are hereby invoked including without limitation to the right to enter into
contract, employ temporary workers, and incur obligations without regard to time-consuming
procedures and formalities prescribed by law (except mandatory constitutional requirements).
3. STATE AND FEDERAL ASSISTANCE. The City Manager is authorized to request all
available state and federal assistance necessary to respond to this emergency.
SIGNED this 19th day of March, 2020.
_________________________________ ________________________________ David Curnel, Mayor Allison Williams, City Manager
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RESOLUTION NO. 3798
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE
RATIFYING PROCLAMATION OF EMERGENCY AND PROVIDING TEMPORARY
PROCEDURES TO RESPOND TO THE COVID-19 PANDEMIC
Recitals:
1. On March 5, 2020, the Washington State Department of Health (DOH)
confirmed the first case of the novel coronavirus (COVID-19) in Grant County,
Washington, and the Grant County Health District and the Washington State
Department of Health have since worked to identify, contact, monitor and test others in
Grant County potentially exposed to COVID-19 in coordination with the US Centers
for Disease Control and Prevention (CDC); and
2. COVID-19, a respiratory disease that can result in serious illness or death, is
caused by the SARS-CoV-2 virus, which is a new strain of coronavirus that had not been
previously identified in humans and can easily spread from person to person; and
3. The CDC identifies the potential public health threat posed by COVID-19
both globally and in the United States as "very high," and has advised that person-to-
person spread of COVID-19 will continue to occur globally, including within the
United States and Grant County; and
4. The DOH currently indicates there are over 1,185 confined cases of COVID-
19 in Washington State and 67 fatalities, and the DOH confirmed localized person-to-
person spread of COVID-19 in Washington State, significantly increasing the risk of
exposure and infection to Washington State's general public creating an extreme public
health risk that may spread quickly; and
5. Seven confirmed cases, and several persons under investigation (PUI) cases
of COVID-19 already exist in Grant County, COVID-19 already caused the death of
one Grant County resident, and the effects of its extreme risk of person-to-person
transmission throughout Grant County may significantly impact the life and health of
our people, as well as our economy, and is a public health disaster that affects life,
health, property or the public peace; and
6. On January 31, 2020, the United States Department of Health and Human
Services Secretary Alex Azar declared a public health emergency for COVID-19,
beginning January 27, 2020; and
7. On February 29, 2020, Washington State Governor Jay Inslee proclaimed a
public health emergency for COVID-19, beginning February 29, 2020; and
8. On March 2, 2020, the Grant County Health District activated its District
Moses Lake Council Packet 3-24-20, Page 5 of 182
Operations Center to manage their response to the COVID-19 cases; and
9. On March 12, 2020, the Grant County Health Officer proclaimed a
countywide public health emergency (Per RCW 70.05.070) for COVID-19; and
10. On March 13, 2020, the Grant County Board of Commissioners declared
a State of Emergency in Grant County, beginning March 13, 2020; and
11. There is an emergency present which necessitates activation of the Grant
County Comprehensive Emergency Management Plan and utilization of emergency
powers granted pursuant to chapter 38.52 RCW, MLMC 2.52, and Grant County Code
(GCC) 2.32; and
12. On March 19, 2020, City Manager –Williams and Mayor Curnel issued a
Proclamation of Emergency, declaring COVID-19 pandemic to be an emergency in the
City of Moses Lake pursuant to Section 38.52 RCW and other relevant provisions of
state, local, and federal law.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Moses Lake, Washington, that:
Section 1. Ratification and Findings of Fact.
Council hereby ratifies the Proclamation of Emergency issued by Mayor Curnel and City Manager Williams for the City of Moses Lake on March 19, 2020. Council further finds
that an emergency exists pursuant to Section 39.04.280(2)(b)RCW and authorizes the City
Manager to waive any necessary competitive bidding requirements related to the COVID-19
emergency.
Section 2. City’s Response.
A. The City is committed to protecting the public and staff by minimizing the spread
of COVID-19. The City has and will continue to follow the guidelines provided by the State
of Washington and the Grant County Health Officer, who prescribe social distancing and
minimizing gatherings of people to best combat the spread of COVID-19.
B. The City closed City Hall to the general public beginning Tuesday, March 17,
2020 and until further notice. Citizens may pay utility bills, acquire licenses, submit permit
applications, contact staff, and transact other City business via telephone, email, and online.
The City will create procedures to allow curbside pickup and drop-off for certain City
processes, with such procedures to be posted on the City’s website.
C. The City has increased its efforts to sanitize parks and public spaces which
remain open to the public to minimize exposure to COVID-19.
Section 3. Council Procedures.
During the terms of this Resolution, the following amendments to City Council procedures
are hereby adopted:
Moses Lake Council Packet 3-24-20, Page 6 of 182
A. Any rule or procedure adopted by City Council that would prevent or prohibit all
City Council members from attending City Council meetings telephonically are temporarily
suspended and all City Council members are encouraged to attend all meetings via
telephone.
B. All in-person Committee meetings of the City Council are cancelled. Council and
Committee meetings may be held telephonically during the term of this Resolution
regardless of whether the City has the capability of recordings meetings on video.
C. Council directs that the public comment portion of Council meetings and any
scheduled public hearings be temporarily suspended to discourage public in-person
attendance of City Council meetings. City Council and staff will encourage and accept
public comment via email or written comment submitted to the City Clerk no later than 3
p.m. on the day of the meeting.
D. Any Council rules that are inconsistent with this Resolution are hereby waived
and suspended during the term of this Resolution.
Section 4. Budget.
During the term of this Resolution, Council adopts the following budget restrictions:
A. A hiring freeze is hereby implemented on all positions funded by any City
governmental fund, unless the City Manager determines in writing by notice to City Council
that the hire is necessary for the continued provision of essential services to the public.
B. All non-essential equipment replacements are hereby suspended, unless the
replacement is completely funded by grants or City enterprise funds.
C. Council hereby encourages the expenditure of funds for acquiring any necessary
technology to facilitate employees to work from home in situations where such remote work
is possible, available and approved by the City Manager and Department Head overseeing
the relevant department. Any such expenditures should either be within current budget
allocations or brought to Council for approval.
D. All staff time dedicated to emergency health responses related to the COVID-19
pandemic must be tracked to allow for FEMA reimbursement.
Section 5. Effectiveness.
The provisions of this Resolution shall become effective upon adoption and expire on April
28, 2020 unless further extended by formal action of Council.
INTRODUCED, PASSED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY
OF MOSES LAKE on this 24th day of March, 2020.
________________________________________ David Curnel, Mayor ATTEST:
__________________________________
Debbie Burke, City Clerk
Moses Lake Council Packet 3-24-20, Page 7 of 182
MOSES LAKE CITY COUNCIL
March 10, 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 to be held for 15 minutes pursuant to RCW
42.30.110(1)(i) to discuss litigation.
RECONVENE
Mayor Curnel reconvened the meeting at 7 p.m. ROLL CALL
Present: Mayor Curnel; Council Members Riggs, Liebrecht, Myers, Eck, and Hankins. Absent:
Deputy Mayor Jackson. Action taken: Council Member Eck moved to excuse Deputy Mayor Jackson, second by Council Member Liebrecht. The motion carried 6 – 0.
PLEDGE OF ALLEGIANCE
Port of Moses Lake Commissioner Darrin Jackson led the Council in the Pledge of Allegiance. SUMMARY REPORTS
MAYOR’S REPORT
Yonezawa Sister City Student Exchange Mayor Curnel recommended appointment of Council Member Liebrecht to the Moses Lake Sister City Committee. This committee facilitates the High School Exchange
Program with the Moses Lake Sister City - Yonezawa, Japan.
Action taken: Council Member Myers moved to affirm the appointment, second by Council Member Riggs. The motion carried 6 – 0.
AWC State and Federal Policy Committee
Mayor Curnel applied for appointment to the AWC State and Federal Policy Committee.
He received a letter of his affirmation of appointment on March 4. This committee will update the foundation of AWC’s Statement of Policy that contains the framework of legislative priorities to reflect the evolving needs of local government agencies.
ADDITIONAL BUSINESS
Hearing Examiner Duties Council concurred with Council Member Liebrecht’s request to have staff direct land use hearings to the Hearings Examiner.
CITY COUNCIL MINUTES – March 10, 2020
pg. 2
CITY MANAGER’S REPORT
Visitor Center Flyer and Videos The Museum and Art Center took over the Visitor Information function and they have been working on building displays with Communications Specialist Lynne Lynch. Parks & Recreation Director Spencer Grigg distributed the new tourism brochure at the meeting and played one of the new tourism videos created for marketing.
AFSCME Labor Agreement City Manager Allison Williams advised that the contract mediation conducted this winter is complete for the new union that formed in 2018. The agreement is being processed for final legal review and will be presented for Council authorization at the next meeting.
Human Resources Director Search The original closing date for applications has been extended in order to cast a wider net of the announcement in hopes of generating a larger pool of candidates.
CITIZEN’S COMMUNICATION
Convention Center Study Doug Robins, 606 Laguna Dr, Moses Lake, has sold some property on Broadway to a developer who plans to build a new strip mall and hotel. They are interested in doing a study for a partnership with the City to add a convention center next to the hotel.
Coronavirus Healthcare Response Jason Burnham, 715 S Michael Ave, Moses Lake, provided information on his experiences with Samaritan Hospital’s response to the COVID-19 pandemic. Mayor Curnel requested that he attend the Hospital District’s board meeting to express his concerns.
CONSENT AGENDA
#1 a. City Council meeting minutes dated February 25, 2020 b. Claim Checks 147059 through 147220 in the amount of $1,091,700.17; Payroll checks 63314 through 63336 in the amount of $21,107.01; and Electronic
Payments dated February 21 in the amount of $433,372.12 c. HGAC Purchasing Agreement d. Harris Contract Amendment e. Award Crack Seal Bid
f. Accept Fire Donation Resolution 3795
Action taken: Council Member Eck moved to approve the Consent Agenda, second by Council Member Riggs. The motion carried 6 – 0.
PUBLIC HEARING
#2 Food Bank Annexation Ordinance 2945 City Council accepted the Notice of Intent to Annex from Community Services of Moses Lake (Food Bank) on January 27, with an expanded area to include surrounding parcels
CITY COUNCIL MINUTES – March 10, 2020
pg. 3
that total just over 27 acres. Mayor Curnel opened the public hearing at 7:33 p.m. Jose Gonzales, Eric Chapman, Jay Sheriff, Judy Bise, and Glen St. Marie provided comments
to Council. There being no further comments, the hearing closed at 7:55 p.m. Staff provided Council with the options to either adopt as presented, adopt an amended boundary, or postpone the vote with direction to staff to amend the annexed area. Staff proposed to amend the annexation to only include the following parcels: 170372000, 170373000, 170374000, 170367000, 170456000, 170478035, 170478034, 170428000,
170335000, 170370000, 170473000, 170435000, 17034000, 120308000, 120306000, 170305000, 170304000, 170330000, and 120307000. Scrivener’s error addition 3/27/20: 170478036 and 170371000.
Action taken: Council Member Hankins moved to accept the annexation as amended at the meeting, the simultaneous adoption of zoning regulations, and that the area annexed shall require the assumption
of all or of any portion of existing city indebtedness; second by Council Member Eck. The motion carried 6 – 0.
NEW BUSINESS
#3 2595 Westshore Dr NE Request to Connect to Water and Sewer
Jim and Mary Jo Tonkin submitted a request to connect to the City’s water system to
serve parcel #141723000 and reserve the right to connect to City sewer in the future. Action taken: Council Member Liebrecht moved to approve the request to connect to City water and sewer at 2595 Westshore with an extraterritorial agreement, second by Council Member
Hankins. The motion carried 6 – 0.
#4 Deviation Request for Moses Lake Avenue The Moses Lake School District is building the new Groff Elementary School south of Nelson Road. The new street has been planned for years, however, the roadway no
longer fits within the existing easements and right of way.
Action taken: Council Member Hankins moved to approve the deviation for the modified street profile as requested, second by Council Member Riggs. The motion carried 6 – 0.
#5 Sydney Preliminary Plat Decision Appeal and Remand
The Planning Commission conducted public hearings on the Sydney Major Plat
subdivision application on February 13 and 27. The Planning Commission approved the application based on the recommendations provided in the staff report. The formal findings and conclusions final decision document will be presented to the Planning Commission at their next meeting. The City received a reconsideration request on March
2 and will return a notice stating they can renew their request after a formal adoption by
the Planning Commission.
Action taken: Council Member Liebrecht moved to reject the request for reconsideration as premature to the Planning Commission’s adoption of written findings and conclusions, second by Council Member Eck. The motion carried 6 – 0.
CITY COUNCIL MINUTES – March 10, 2020
pg. 4
ADMINISTRATIVE REPORTS
Finance Director Cindy Jensen invited Council to attend the Exit Interview with the State
Auditor’s staff at 2 p.m. on Monday, March 16 at the Civic Center. Parks & Recreation Director Spencer Grigg announced the retirement of Roland Gonzales after a very dedicated 42 plus years of service and invited everyone to attend the celebration reception on Thursday, March 12, from 2 to 4 p.m. in the old Council Chambers in the Parks Department
building. COUNCIL COMMUNICATIONS AND REPORTS
Council Member Hankins requested staff to review content of the airport contract as amended and approved by Council on January 14.
Council Member Riggs attended his first LEOFF1 Disability Board meeting today. He commented on how well the retired members are supported and that he is proud to be a part of this process.
Council Member Liebrecht shared a fond memory of Parks Maintenance Superintendent Roland
Gonzales when she volunteered on the Board of Park Commissioners and his genuine heartfelt kindness during the opening ceremony of Ashley’s Playground at McCosh Park.
Mayor Curnel and City Manager Allison Williams met with the Grant County Commissioners last week. He also announced that he read to a kindergarten class in conjunction with National Reading week and that it is Dr. Seuss’ birthday.
EXECUTIVE SESSION
Mayor Curnel called an Executive Session at 8:20 p.m. to be held for 30 minutes pursuant to RCW 42.30.110(1): (b) to consider the acquisition of real estate; (g) to discuss qualifications of an individual for public employment and to review the performance of a public employee; and (i) to discuss litigation. There will be no further business to follow.
Mayor Curnel invited students to the dais to have attendance forms signed by Council prior to going into Executive Session.
ADJOURNMENT
The regular meeting was adjourned at 8:55 p.m.
______________________________________ David Curnel, Mayor
ATTEST____________________________________ Debbie Burke, City Clerk
To: Allison Williams, City Manager
From: Cindy Jensen, Finance Director
Council Meeting Date: March 24, 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 147221 - 147397 $1,106,659.38 Payroll Checks 0063337 - 0063349 $10,558.26 Electronic Payments Payroll ACH -03/06/2020 $446,653.62
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.
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Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: March 19, 2020
Proceeding Type: New Business
Subject: Municipal Airport Aid Application and Resolution
Legislative History:
•First Presentation: March 24, 2020
•Second Presentation:
•Requested Action: Motion
Staff Report Summary
The Airport Advisory Board has requested to fence in the airport property. Research was done by
our airport engineering consultant into WSDOT Aviation funding and grant funds are available for
this project. A resolution is needed to submit the application along with authorization for the City
Manager to sign the application. This is a WSDOT Aviation Division Grant with a mandatory local
match. Total project cost is $108,000. The city match would be $5,400. The Airport capital budget
is $ 11,000.
Background
The fencing of the airport has been a security and safety concern for a long time. Securing funding
has proven difficult with limited revenue. The airport fund balance is now in the position where
this long awaited project is possible.
Fiscal and Policy Implications
Capital funds in the amount of $5,400 will be used for the mandatory match if/when we receive
this grant.
Options
Option Results
•Move to adopt the resolution as
presented
Staff would move forward with the application
•Modify the resolution Provide staff with specific changes
•Take no action The application process would stop
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Page 2 of 2
Staff Recommendation
Staff recommends City Council adopt the resolution as presented and authorize the City Manager
to sign the grant application.
Attachments
A. Resolution and application, engineer’s estimate of construction.
Legal Review N-A
Moses Lake Council Packet 3-24-20, Page 42 of 182
RESOLUTION NO. 3796
A RESOLUTION TO THE WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION AVIATION DIVISION GUARANTEEING
GRANT MATCH MONEY AVAILABILITY
Recitals:
1. City of Moses Lake of Grant County, Washington is submitting an Airport Aid
Application to the Washington State department of Transportation (WSDOT) Aviation
Division to accomplish engineering design and construction services for a security fence
project at the Moses Lake Municipal Airport.
2. The total project funding for design and construction services is to be comprised of
$102,600 from the WSDOT Aviation Division Grant and a mandatory local match
amount of $5,400 from the City of Moses Lake.
Resolved: 1. The City Council of the City of Moses Lake of Grant County, Washington, supports this
project and allocates these funds in the 2020 budget to fulfill the local match contribution
requirement.
2. This Resolution shall become effective at the regular meeting of the City Council of the City of Moses Lake on this 24th day of March 2020.
ADOPTED by the City Council on March 24, 2020.
________________________________________ David Curnel, Mayor
ATTEST: _________________________________________
Debbie Burke, City Clerk
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STAFF REPORT
To: Allison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: March 19, 2020
Proceeding Type: Consent Agenda
Subject: Request To Award Valley Road Loop Drive Water Main 2020
Legislative History:
•First Presentation:
•Second Presentation:
•Requested Action:
March 24, 2020
Motion
Staff Report Summary
On March 18, staff opened bids for the Valley Road Loop Drive Water Main Project. The City
received five (5) bids for the work. The low bid was $935,547.62 and the Engineer’s Estimate was
$1,124,155.96.
Background
The 2020 budget includes money for completing these improvements. This project consists of
upsizing one mile of water main on Valley Road from Stratford to Paxson to 12” diameter PVC. It
also replaces 2,000 feet of old AC water main in Loop Drive with new 8” PVC main.
The low bidder, C&R Tractor and Landscaping of Kelso, WA has not worked with the City of Moses
Lake on past projects but has completed many large utility projects throughout the state in the
past.
Fiscal and Policy Implications
The project will require budgeted funds to be spent.
Description Amount
2020 Budgeted funds for Upsize Watermain $500,000
2020 Budgeted funds for Replace AC Water
Main
$500,000
Award Amount for Pole Building Storage $935,547.62
Remaining Budget $64,452.38
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Options
Option Results
• Award Valley Rd Loop Dr Water Main
2020 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 City Council.
Staff Recommendation
Staff recommends accepting the bid for the Valley Rd Loop Dr Water Main Project 2020 from C&R
Tractor and Landscaping in the amount of $935,547.62
Attachments
A. Bid Summary
Legal Review
N-A
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STAFF REPORT
To: Allison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: March 19, 2020
Proceeding Type: Consent Agenda
Subject: Request To Award Pole Building Storage 2020
Legislative History:
•First Presentation:
•Second Presentation:
•Requested Action:
March 24, 2020
Motion
Staff Report Summary
On March 18th, staff opened bids for the Pole Building Storage Project. The City received three (3)
bids for the work. One bid was rejected due to the contractor not correctly filling out the bid form.
The low bid was $310,658.54 and the Engineer’s Estimate was $279,672.00.
Background
The 2020 budget includes money for completing these improvements. This project consists of
building a 5,000 square foot storage building at the Operations Complex along with fencing and
gravel access. This building will replace the storage areas lost with the sale of the Penn Street
property. We have twice tried to bid this project and twice rejected bids due to extremely high
prices.
The low bidder, Bruce Preston Construction of Moses Lake has not worked with the City of Moses
Lake on past projects but has an excellent reputation as a builder in the community.
Fiscal and Policy Implications
The project will require budgeted funds to be spent.
Description Amount
2020 Budgeted funds for Operations Building Storage $500,000
Award Amount for Pole Building Storage $310,658.54
Remaining Budget $189,341.46
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Options
Option Results
• Award Pole Building Storage Project
2020 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 City Council.
Staff Recommendation
Staff recommends accepting the bid for the Pole Building Storage Project 2020 from Bruce Preston
Construction in the amount of $310,658.54
Attachments
A. Bid Summary
Legal Review
N-A
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STAFF REPORT
To: Alison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: March 19, 2020
Proceeding Type: Consent Agenda
Subject: Wastewater Telemetry Improvements Proposal
Legislative History:
•First Presentation:
•Second Presentation:
•Requested Action:
August 27, 2019
Motion
Staff Report Summary
Staff has received a proposal for electrical engineering services for the Wastewater Control
Upgrades for the Main and Eka Nobel Lift Stations. RH2 Engineering, Inc. has submitted a proposal
not to exceed $116,575 for systems upgrades to the two existing wastewater lift stations including
field testing, startup, and commissioning.
Background
The existing electrical hardware and programming for these lift stations are reaching the end of
their useful life. The City is replacing the old software and hardware with updated, industry
standard versions. This will give operators greater control of the system and give more data in
return to see weaknesses in the system and be able to plan for the future. We have worked
successfully with RH2 Engineering in the past and feel confident in their ability to deliver on time
and within the budget agreed upon.
Fiscal and Policy Implications
The project will require funds to be spent.
Description Amount
2020 Budgeted funds for Main Lift Station
Upgrades
$300,000
Award Amount for Electrical Engineering, field
testing, startup and commissioning.
$116,675
Remaining Budget for Construction Project $183,325
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Options
Option Results
• Award the Wastewater Control
Upgrades for Main Lift Station and Eka
Nobel Lift Station Contract
Staff will move forward with executing a
contract beginning design work
• 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 RH2 Engineering, Inc. in the not to exceed amount
of $116,675.
Attachments
A. Time and Fee Estimate
Legal Review
N-A
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STAFF REPORT
To: Allison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: March 19, 2020
Proceeding Type: Consent Agenda
Subject: Accept improvements for the Polo Ridge Major Plat #2
Legislative History:
•First Presentation: March 24,2020
•Second Presentation:
•Requested Action: Motion
Staff Report Summary
The street and utility improvements constructed to serve the Polo Ridge #2 Major Plat are
complete and are ready to be accepted by City Council.
Background
The plating regulations require all the street and utility improvements installed in right of way
and municipal easements to be accepted by City Council or bonded for prior to recording the plat
and issuing building permits. The construction plans are required to be reviewed and approved
by the City prior to construction. All the construction work is inspected to assure compliance
with the construction plans and city standards. The street and utility improvements in place will
serve a sixteen (16) lot residential subdivision.
Fiscal and Policy Implications
Upon acceptance, the City will be responsible for the maintenance and repairs of the
improvements.
A Subdivision Maintenance Bond or other approved security in the amount of $149,088.53 (50%
of total costs of $298,177.06) to the City is required to be provided by the owners for the two
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year maintenance period which commences on the date of acceptance of the improvements by
the City Council.
Options
Option Results
• Move to adopt the resolution as
presented
The improvements will be accepted and the
plat can be completed.
• Modify the resolution Action could require staff to bring a revised
document to Council for consideration.
• Take no action The City will not accept the plat improvements
and the plat could not be completed.
Staff Recommendation
Staff recommends City Council adopt the resolution as presented.
Attachments
A. Resolution, site map
Legal Review
N/A
Moses Lake Council Packet 3-24-20, Page 96 of 182
RESOLUTION NO. 3797
A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF POLO RIDGE #2 MAJOR PLAT Recitals:
1. Street and Utility improvements, lying in dedicated right-of-way or easements, are in place and connected to the City of Moses Lake’s street and utility systems as part of Polo Ridge Major Plat #2.
2. Said street and utility improvements have been installed in accordance with the City of
Moses Lake’s Community Standards, such facilities being completed in October 2019. 3. RCW 35.91.030 indicates that public street and utility facilities, which are developer installed should be accepted by the City of Moses Lake upon completion if the facilities
are built to city standards.
Resolved: 1. The City Council of the City of Moses Lake accepts the street and utility improvements
as facilities of the City of Moses Lake and as such will charge for use of facilities as
authorized by ordinance. 2. After March 10, 2022, all further maintenance and operation cost of said street and utility improvements, shall be borne by the City of Moses Lake, as provided by city ordinance.
ADOPTED by the City Council on March 24, 2020. ______________________________
David Curnel, Mayor ATTEST:
_________________________________________ Debbie Burke, City Clerk
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STAFF REPORT
To: Allison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: March 16, 2020
Proceeding Type: Consent Agenda
Subject: Accept Well #18 Starter Replacement - 2019
Legislative History:
•First Presentation:
•Second Presentation:
•Action
March 24, 2020
Motion
Staff Report Summary
Farmers Electric II has completed work for the above project.
Background
The project consisted of replacing the existing starter with a Variable Frequency Drive.
The work completed is in the amount of $152,961.50. The original contract price for the contract
was $152,961.50.
The work completed by the contractor is physically complete and ready for acceptance.
Fiscal and Policy Implications
Upon acceptance, the City will enter into the 60 day lien period as required by Washington State
Law.
Options
Option Results
•Approve a motion to accept the project
as presented.
The 60 day lien period will begin.
•Take no action.The project won’t be accepted at this time.
Staff Recommendation
Staff recommends accepting the Well #18 Starter Replacement Project - 2019.
Attachment – None
Legal Review N-A
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STAFF REPORT
To: City Manager
From: Fred Snoderly, Municipal Services Director
Date: March 17, 2020
Proceeding Type: Consent Agenda
Subject: Request To Accept Larson Ball Field Lighting and
Lauzier Complex Scoreboard Projects
Legislative History:
•First Presentation:
•Second Presentation:
March 24, 2020
•Action Motion
Staff Report Summary
Northeast Electric, LLC has completed work for the above projects.
Background
The Larson Ballfield Lighting Project consisted installing new ballfield lights, controls and
scoreboards at Larson Playfield and installing new lights and controls at the large soccer field at
Cascade Park.
The work completed is in the amount of $281,640.67. The original contract price for the contract
was $257,818.67. The additional work was to address removing exiting trees and to replace an
electrical service line the PUD would not allow us to reuse.
The Lauzier Complex Scoreboard project consisted of installing 5 new scoreboards and controls at
the Lauzier Athletic Complex.
The work completed is in the amount of $61,438.60. The original contract price for the contract
was $51,347.50. The additional work was to find and repair some of the conduits that were
installed with the original project and had become blocked and crushed.
The work completed by the contractor is physically complete and ready for acceptance.
Fiscal and Policy Implications
Upon acceptance, the City will enter into the 60 day lien period as required by Washington State
Law.
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Options
Option Results
• Move to accept the project as
presented.
The 60 day lien period will begin.
• Take no action. The project won’t be accepted at this time.
Staff Recommendation
Staff recommends accepting the Larson Ballfield Lighting and Lauzier Complex Scoreboard
Projects.
Attachments
A. None
Legal Review
N-A
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STAFF REPORT
To: Allison Williams, City Manager
From: Cindy Jensen, Finance Director
Date: March 20, 2020
Proceeding Type: Consent Agenda
Subject: Invoice Cloud for Third-Party Bill Payment Services
Legislative History:
•First Presentation: March 24, 2020
•Second Presentation:
•Requested Action: Motion
Staff Report Summary
We are requesting authorization for the City Manager to execute a contract with Invoice Cloud
for third-party bill payment services, contingent upon final approval of contract language by the
City Attorney.
Background
Our current third-party bill paying service for utility billing is Xpress Bill Pay. For several months
they have had intermittent service interruptions. Now that we are going with Harris for the new
utility, staff researched providers and found that Invoice Cloud is a partner with the Harris
Innoprise software, and they have had many successful interfaces into that program.
In reviewing their service, they have many updated features that our current vendor does not
provide. We found their product to be more “customer friendly” and feature rich, yet still costing
about the same as our current service.
Our goal is to “Go Live” with Invoice Cloud concurrently with the new Innoprise Utility Billing
software. We know there will not be an automatic switchover of our customers, but part of
Invoice Cloud’s proposal is to assist in reaching out to our customers to help them get set up in
the new system.
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Fiscal and Policy Implications
We paid Xpress Bill Pay about $26,000 in 2019, and in reviewing the pricing packet with Invoice
Cloud, we estimate that the cost will be about the same, so this is already included in the Utility
Billing budget that gets funded by all five utilities. They are proposing to get us set up without an
additional charge, so we will just be paying the monthly fee for services. The term of the attached
contract is for three years, with automatic renewals for successive three year terms.
Attached are the contracts and pricing proposal. We have not yet completed negotiations on
contract terms through our attorney, so we are requesting that Council authorize the City
Manager to execute the final contract subject to approval by the City Attorney. We would
anticipate most of the terms will remain as presented.
Options
Option Results
•Move to authorize the City Manager to
execute the contract
Action would authorize Utility Billing to
coordinate implementation of the third party
bill paying service in conjunction with the new
billing software
•Take no action The City would continue with the current
provider and remain subject to their service
interruptions
Staff Recommendation
Staff recommends that City Council move to authorize the City Manager to execute the contract
with Invoice Cloud, subject to final approval by the City Attorney.
Attachments
A. Pricing Proposal, Biller Agreement, Biller Terms and Conditions
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
•Contract Invoice Cloud Services Under review
Moses Lake Council Packet 3-24-20, Page 103 of 182
Steve Smith March 2020 www.invoicecloud.com
Regional Director PNW 832-732-2022 ssmith@invoicecloud.com
Innovating the Customer Experience
Moses Lake Council Packet 3-24-20, Page 104 of 182
Table of Contents
Introduction .............................................................................................................................. 1
Company Mission .............................................................................................................................. 1
Highlights .......................................................................................................................................... 1
Company Vision ................................................................................................................................ 1
Moses Lake Sewer .................................................................................................................. 3
Ten Keys to Success ...................................................................................................................... 4
Case Study ............................................................................................................................... 7
Invoice Cloud was tasked with the following objectives ..................................................................... 7
Results were tracked for two years.................................................................................................... 7
The Invoice Cloud Platform .................................................................................................... 8
Customer Engagement ..................................................................................................................... 8
The Ways to Pay ............................................................................................................................... 8
Customer Experience ...................................................................................................................... 10
One Time Payment Channel ........................................................................................................... 11
Enrolled Customer Dashboard ........................................................................................................ 12
Customer Engagement ................................................................................................................... 13
Communication Engine ................................................................................................................... 14
Biller Portal (admin portal for CSRs) ................................................................................... 15
Reporting & Dashboard ................................................................................................................... 15
Portal Customization – 27 E-mail Templates ................................................................................... 16
Bank Deposit Reconciliation ............................................................................................................ 17
Add-on Services .................................................................................................................... 18
Pricing .................................................................................................................................... 19
Sales R. Name, Title Goes Here (123) 123-4567 sname@invoicecloud.com
Financial Services Division www.invoicecloud.com
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1 Confidential and Proprietary
Introduction
Invoice Cloud is pleased to provide Moses Lake, WAwith a comprehensive proposal for
Electronic Bill Presentment and Payment (EBPP) services. Invoice Cloud’s value
proposition covers a wide spectrum. We specialize in being able to take a payment for
anything online, via a mobile phone, over the counter, over the phone (IVR or CSR
Payments) or cash at 3rd party locations (CVS, 7-11, Family Dollar). Invoice Cloud’s end-
user experience is state-of-the-art and the administrative tools for reporting & reconciliation
available for your staff are second-to-none. Our integration experience with more than 90
billing software platforms, including Harris Innoprise, uniquely positions Invoice Cloud to
provide Moses Lake, WA and its customers the SaaS payment and e-billing experience
that’s always a step ahead of the industry.
Company Mission
“Provide the highest adopting, integrated electronic payment solution to
forwarding thinking organizations.”
Highlights
• The only true Software as a Service (SaaS) EBPP
solution in this market
• Management with deep experience in:
o Secure payment processing, gateways
o Billing software and integrations to CIS systems
• 1,300 + clients in 50 states
• Inc. 500 Fastest Growing Private Companies of 2015 -
#428
1,300
CLIENTS
Company Vision
Provide the same online payment experience consumers have come to expect
when paying bills or making an online payment with Fortune 100 companies –
such as American Express, Chase, or Amazon.com – and take that to the next
level.
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2 Confidential and Proprietary
The customer payment experience allows our clients to benefit from:
• Reduced collection costs from increased e-payments resulting in decreased manual work
around collections.
• Reduced print/mail costs from significantly increasing ‘paperless’ enrollments.
• Quicker payments from and to customers through e-payments for premiums and e-
payments for claims.
• World Class customer portal accommodating customer billing, payments, policy
presentment and claims all in one easy-to-use, cloud-based interface.
• Ability to charge customers service fees for online credit card transactions with no PCI
Compliance burden.
• Quick and simple deployment of the SaaS platform allows customers to quickly and simply
get to the cloud for EBPP (electronic bill presentment and payment).
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3 Confidential and Proprietary
City of Moses Lake, WA
GOALS AND OBJECTIVES: DELIVERS:
Provide the city of Moses Lake a payments solution integrated with the Harris
Innoprise so as to (1) automate many of the manual processes currently in
place, (2) provide the city with an easier, smoother, more efficient front and
backend solution to make the payments experience better for staff and
residents, and (3) consolidate vendors.
✓
Implement a Moses Lake-branded payment solution with modern features
such as Guest Payment, modern IVR (inbound & outboard), Pay-by-Text, and
other features and conveniences.
✓
Help reduce daily inbound calls by delivering to Moses Lake customers (1)
an easy-to-use interface, (2) self-service capabilities, and (3) a Guest Payment
option.
✓
Customer Focus with a specific Customer Success Manager assigned to
ensure Moses Lake realizes maximum use of the platform and has a direct
support resource for escalation.
✓
Apply Paperless & autopay programs featuring easy and convenient
enrollment. Maximizing ‘paperless’ enrollments will maximize print/mail
cost savings and reduce manual processes.
✓
A superior backend solution which automates more functions and is easy to
manage with a near-cost neutral migration. ✓
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4 Confidential and Proprietary
Ten Keys to Success
1) Expanded payment channels
2) True SaaS technology
No need to upload patches and
upgrades to each individual client site,
which drives service levels and delivery
of new features!
3) Security
Level 1 PCI compliant double data
encryption (patent pending) delivers
outstanding security.
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5 Confidential and Proprietary
5) Responsive Design for mobile devices
Responsive Design works on all mobile device sizes.
Mobile traffic accounts for 48% of the traffic through
Invoice Cloud.
6) Pay-by-Text and SMS text invoice reminders
Customers receive email and text reminders of new
invoices and can pay by replying right within the text
message.
7) Enhanced e-billing with event driven reminders
Use up to three reminders per bill and up to 27 branded
e-mails based on events.
8) Integration
Invoice Cloud experience with batch integration with your
CIS/ERP software.
9) Customer focus
High Net Promoter Score® (NPS®) is a customer loyalty metric where customers are asked
one question; “How likely are you to recommend the organization to a colleague,
family member or friend?” on a 0 – 10 scale.
How does Invoice Cloud stack up?
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6 Confidential and Proprietary
10) Invoice Cloud has the industry’s highest payment adoption record
15%
35%
Industry Average Invoice Cloud
Payment Adoption
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7 Confidential and Proprietary
Case Study
Invoice Cloud was tasked with the following objectives
• Increase e-payments
• Improve customer experience
• Work with a SaaS company so updates / upgrades are no longer required to gain new
functionality
Results were tracked for two years
• E-payments increased by 93% in first 18 months live
• Rolled out Pay-by-Text in Year 2 without needing an upgrade
• Doubled AutoPay enrollment, decreasing the collections effort
93%
INCREASE
2,638
5,094
Month 1 Month 18
E-paymentIncrease
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8 Confidential and Proprietary
The Invoice Cloud Platform
Invoice Cloud to provides an easy-to-use, secure web-based electronic invoice presentment
and payment solution which reduces costs, increases e-payments, and drives the top
‘paperless’ registration numbers in the market.
Customer Engagement
Improve communications with payers by offering a comprehensive, automated e-mail
and texting communication platform:
27 e-mail templates branded as Moses Lake, each sent to payers based on certain events.
Here are a few examples:
• 3 e-mail reminders per bill (crucial for driving e-adoption – online payments and paperless)
• Payment confirmation receipt
• AutoPay / Scheduled Payment reminder
• Credit card expiration notification (if the credit card on file is expiring)
• ACH reject notification
The Ways to Pay
Having options in every payment route is critical for driving more e-payments and paperless
enrollments.
Accept payments in any manner
• Credit/Debit cards
• ACH/E-Checks through Web
• Mobile
• IVR
• Pay-by-Text
• Over the counter
• CSR Pay
• Cash at 3rd party locations, etc.
One-Time Payment requires no registration and it gives the payer choices such as:
• View 24 months of past statement history
• Enroll in e-bill reminders for future bills
• Enroll in text reminders for future bills
• Schedule a future text message for a specific day/time
• Add a calendar reminder
Enrolled offers additional features such as:
• Store Remittance Data for future use
• Scheduled Payments schedules one single future dated payment at a time
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9 Confidential and Proprietary
• AutoPay / Auto-Renewal are automatic recurring monthly payments
• Flex-Pay payers create their own ‘budget’ payment schedule within a payment cycle
• Account Linking pays multiple accounts / invoices at once
• View payment history up to 24 months
• Manage Account Settings such as paperless, AutoPay, and text notifications
Mobile Responsive Site Design
• Provides an ‘app-like’ experience without requiring the
download of an app
• 45%+ of Invoice Cloud’s payments are through mobile
devices (smartphones and tablets)
Pay-by-Text
• Allows payers to complete their payment by just responding
to a text message with the word ‘PAY’
45%
OF PAYMENTS ARE THROUGH MOBILE
DEVICES
Pay-by-Phone IVR
• Cloud-based payment IVR with toll-free number, real-time account balance look-up, and
credit/debit and e-check payment options
Outbound IVR
• Outbound messages to past due customers
Online Bank Direct™
• OBD eliminates paper checks issued by online banking sites.
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10 Confidential and Proprietary
Customer Experience
Users will navigate to Invoice Cloud from your website, an e-bill, a or text notification. Many
of our clients provide their customers with multiple links from their website to access Invoice
Cloud. Each of our client sites are branded with that client’s logo.
Invoice Cloud’s Marketing Department can provide the city of Moses Lake with custom
graphics and URLs as part of our marketing and adoption program.
Below are sample websites:
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11 Confidential and Proprietary
One Time Payment Channel
Invoice Cloud offers a fast and easy method for Moses Lake ’s customers to pay one or
move invoices with no requirement to register unless they choose to do so. Over 50% of our
first-time payers will choose this payment route. After the Moses Lake payer locates the
account, the payer can now see up to 24 months of their bill history, invoice amount, total
balance due, and bill images.
Moses Lake Payers can sign-up for Pay-by-Text and Paperless Billing through the
‘One Time Pay’ channel without registering.
Shopping Cart functionality allows the payer to pay multiple accounts of the same, or
different Invoice types, in a single transaction.
Moses Lake Payers using One Time Pay are automatically enrolled in our New Invoice
Notification Emails.
Over 50% of first-time payers use the ‘One Time Pay’ option, a critical component of
driving online payment and e-bill adoption.
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12 Confidential and Proprietary
Enrolled Customer Dashboard
A single Dashboard provides a
Moses Lake customer a snapshot
of:
• Notification options and
payment options available
• Recent history of payments
and open invoices
• Upcoming scheduled
payments
• Option to ‘Pay My Invoice’
now
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13 Confidential and Proprietary
Customer Engagement
The most common reason people miss a payment due date…
‘I forgot.’
Invoice Cloud’s customer
engagement tools and self-
service reminders eliminate this
excuse. There are 4 ways
customers can elect to get
reminders:
1) Standard e-bill reminders –
3 e-mails will be sent over the
course of the payment cycle
(2nd and 3rd only if they have
not paid or scheduled the
payment yet). Customers can
enroll through all web-based
payment channels.
2) Standard text reminders – 3 text reminders will be sent over
the course of the payment cycle (2nd and 3rd only if they
have not paid or scheduled the payment yet). Customers can
enroll through all web-based payment channels.
• Customers can access the mobile site through the next reminder or…
• Pay by responding ‘PAY’ to the text reminder if remittance data has been stored.
3) Calendar Reminder – customers have
the option to add a ‘calendar
reminder’ for a future date of
their choosing
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14 Confidential and Proprietary
4) Schedule a Text Reminder –
Customers have the option to schedule
a text message for a future time
they choose.
Communication Engine
Including the standard 3 e-bill reminders per cycle, Invoice Cloud provides 27 e-mail
templates branded with the Moses Lake logo. Each reminder is sent to your customers
based on specific events. When customers receive a reminder before their AutoPay / Auto-
Renewal runs – or before their scheduled payment is processed – they feel much more
comfortable using these features.
A few additional examples of available e-mail templates
• Expiring credit cards
• Late notices
• AutoPay and Scheduled Payment Reminders – 3 days prior to a collection date
o This methodology is part of what allows Invoice Cloud to achieve industry high
numbers for online payment and ‘paperless’ billing adoption.
o All emails are easy to customize and can be changed by Moses Lake any time
through our word-style e-mail editing tool.
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15 Confidential and Proprietary
Biller Portal (admin portal for CSRs)
Invoice Cloud’s Biller Portal offers extensive reporting tools for reconciliation and data
mining, making life easier for our billers. Based on permissions set by Moses Lake, admin
users will have access to features such as:
• Blocking certain customers from making ACH and/or credit card payments
• Updating an email address for a customer
• Entering a courtesy email address for a customer or landlord
• Sending an invoice notification for a bill that a customer says he/she didn’t receive
• Setting up AutoPay for a customer at the customer’s request
• Setting up paperless for a customer at the customer’s request
• Reviewing payment and/or email history
• Updating the phone number for a customer at the customer’s request
• Issuing a credit or voiding a payment
Reporting & Dashboard
Based on permissions, Moses Lake users can search for invoices (all or outstanding only),
customers, payments, and many other criteria. In addition, reports can be generated for any
data required including AutoPay registrations, paperless, EFT/ACH rejects, payment history
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16 Confidential and Proprietary
and view scheduled payments, just to name a few. Reports are date and invoice type driven.
Reports can be exported to Excel if desired.
Schedule a one time or
reoccurring report
Manage a customer’s
settings and view history,
payments, e-bills, texts, etc.
Portal Customization – 27 E-mail Templates
In the Portal Customization area, Moses
Lake uses a word processor type editor
to easily and rapidly modify email
notification templates. The customer
portal and email images can be modified
by the biller at any time.
Admin users can send a TEST email
with sample billing data for quality
control purposes before saving changes
into the system.
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17 Confidential and Proprietary
Bank Deposit Reconciliation
In the Virtual Terminal area, Invoice Cloud gives you immediate access to real-time data for
all payment activity as well as our enhanced reconciliation tools:
• Open Batch Summary – payments may be voided up until the selected batch close time
• Settled Batch History
• Deposit Reconciliation
• EFT/ACH Reject Codes – and more
• Total deposit in bank each day matches ‘total deposits’ to the penny
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18 Confidential and Proprietary
Add-on Services
IC Online Bank Direct™
Online Bank Direct (OBD) eliminates paper checks issued by online banking sites. Through
the Invoice Cloud Biller Portal (admin portal), these payments are electronically accepted
and matched to open invoices we have through our integration with the core billing platform.
Payments are automatically matched to open invoices – but if no match is found, the custom
search option allows a CSR to easily locate and match payments.
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19 Confidential and Proprietary
Pricing
City of Moses Lake, WA
~10,000 Customers with Monthly Billing, and an Average Bill of $145
Service Description Fee
Integration, Deployment and Training - Includes integration with Harris No Charge
Account Access – monthly access to branded Customer and Biller Portals –
includes one (1) Administrative User
NOTE: The monthly access fee covers maintenance, support, upgrades and full
access to the Invoice Cloud service for the biller and its customers
$100
Help Desk Support and Marketing – access to Invoice Cloud Help Desk, client
services team, and marketing support to help you achieve the industry’s highest
payment and paperless adoption.
No Charge
Paperless Billing – per paperless bill per cycle
NOTE: Applicable only when paper is suppressed, and a paper invoice is not
mailed.
$0.45
Electronic Payment Fees Paid by the Payer
Credit / Debit Cards / One Time ACH
Visa, MasterCard and Discover – per transaction, paid
by the payer
Interchange, Fees, Dues & Assessments
+
$0.65
E-Check / ACH (AutoPay Only – absorbed by
Moses Lake) – per transaction $0.45
Incidental Merchant Service Fees
Credit Card Chargeback $10.00
ACH Reject $10.00
Optional Services
Online Bank Direct (OBD)
OBD Monthly Access $50.00
OBD Per Transaction $0.25
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20 Confidential and Proprietary
Pay-by-Phone IVR
Inbound IVR - per transaction over the
electronic payment fees (can be absorbed by
BSB -or- the bill payer)
$0.75
Outbound IVR – Per Answered Call $0.18
Encrypted Card Readers for counter payments –
monthly rental $30.00
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Invoice Cloud Biller Terms and Conditions (v3.1) 1
BILLERS TERMS AND CONDITIONS (www.invoicecloud.com/termsandconditions)
1. Definitions. As used in the Agreement and in any Biller Order Form now or hereafter: "Agreement" or “Biller Agreement” means these terms and conditions, any Biller Order Form, whether written or submitted online and any materials available on the Invoice Cloud website specifically incorporated by reference herein; “Biller Data” means invoices and bills of the Biller; “Biller Order Form” means the order form referencing the services to be performed by Invoice Cloud and any add on services under any add on Biller Order Form. “Chargeback” is a reversal of a Transaction initiated by a credit card company, processor, bank or other financial institution that Biller previously presented to Invoice Cloud under this Agreement; "Content" means the information and documents contained or made available to Biller by Invoice Cloud in the course of using the Service;
“Customer” shall include customers, taxpayers and users of services of Biller;
"Customer Data" means any data, information or material provided or submitted by Biller or its Customers to the Service or the Biller’s customers and/or payers in the course of using the Service;
"Effective Date" means the earlier of either the date this Agreement is accepted by executing a Biller Order Form; "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives, integration components and application programming interfaces thereof, and forms of protection of a similar nature anywhere in the world; “Integration Components” means software, which integrates the Service with third party software, and any updates or revisions thereto.
"Invoice Cloud" means collectively Invoice Cloud, Inc., a Delaware corporation;
"Invoice Cloud Technology" means all of Invoice Cloud's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to Biller or otherwise developed by Invoice Cloud in providing the Service; “Payment Instrument Transaction” is transaction conducted between Biller and its Customers with respect to an account, or evidence of an account, authorized and established between a Customer and a credit card association or issuer, or representatives or members thereof that Biller accepts from Customers as payment for the Services. Payment Instrument Transactions include, but are not limited to, transactions processed by credit and debit cards, ACH, EFT and Check 21 transactions, stored value cards, loyalty cards, electronic gift cards, authorized account or access numbers, paper certificates and credit accounts.
"Order Form" or “Biller Order Form” means the form evidencing the initial subscription for the Service and any subsequent Biller Order Form, specifying, among other things, the services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Biller Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Biller Order Form, the terms of this Agreement shall prevail); “Reserve Account” means a Biller account which is maintained in order to protect Invoice Cloud against the risk of, among other things, existing, potential, or anticipated Chargebacks and to satisfy the other obligations under the Agreement.
"Service(s)" means Invoice Cloud's billing and payment service, the Content, the Invoice Cloud Technology and other corporate services identified on the Biller Order Form, developed, operated, and/or maintained by Invoice Cloud, accessible via www.invoicecloud.com or another designated web site or IP address, or ancillary online or offline products and services provided to Biller by Invoice Cloud, to which Biller are being granted access under this Agreement, including the Invoice Cloud Technology and the Content; “Submitter” means the Biller’s status under the Agreement and Order Form where Biller’s Customers submit Transaction Data directly to the payment processor or credit card processor who then processes the Transaction Data with the associated convenience fee being paid to Invoice Cloud and Invoice Cloud being responsible to pay the applicable convenience to the payment processor. “Transaction” is a transaction conducted between a Customer and Invoice Cloud (on behalf of Submitter) utilizing either a Payment Instrument or a bill presentment in which consideration is or to be exchanged or tax is or to be due between the Customer and Biller; “Transaction Data” means is the written or electronic record of a Transaction, including but not limited to an authorization code or settlement record and Biller Data. 2. Biller’s Responsibilities. (a)Biller is responsible for all activity occurring under Biller’s accounts and shall abide by all applicable laws, and regulations in connection with Biller’s and/or its customers’ and a payers’ use of the Service, including those related to data privacy, communications, export or import of data and the transmission of technical, personal or other data. Biller shall: (i) notify Invoice Cloud
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Invoice Cloud Biller Terms and Conditions (v3.1) 2
immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Invoice Cloud and immediately stop any copying or distribution of Content that is known or suspected to be unauthorized by Biller or Biller’s Users; and (iii) not impersonate another Invoice Cloud user or provide false identity information to gain access to or use the Service. Biller may not: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iii) attempt to gain unauthorized access to the Service or its related systems or networks. Biller shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) Recreate, "frame" or "mirror" any portion of the Service on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Service; or (v) copy any features, functions or graphics of the Service.
Invoice Cloud is not responsible for any Biller postings in error due to delayed notification from credit card processor, ACH bank and other related circumstances.
Biller agrees to provide Invoice Cloud with complete and accurate billing and contact information. This information includes Biller’s legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. Biller agrees to update this information within 30 days of any change to it. (b) Biller is required to ensure that it maintains a fair policy with regard to the refund, return or cancellation of services and adjustment of Transactions. Biller is also required to disclose any refund, return or cancellation policies to Invoice Cloud and any applicable payment processors and Biller’s Customers, as requested. Any change in a return/ cancellation policy with the transactions underlying the Transaction Data must be submitted to Invoice Cloud, in writing, not less than 21 days prior to the effective date of such change.
If Biller allows or is required to provide a price adjustment, or cancellation of services in connection with a Transaction previously processed, Biller will prepare and deliver to Invoice Cloud Transaction Data reflecting such refund/adjustment within 2 days of resolution of the request resulting in such refund/adjustment. The amount of the refund/adjustment with respect to Transactions under the Service cannot exceed the amount shown as the total on the original Transaction Data. Biller may not accept cash or any other payment or consideration from a Customer in return for preparing a refund to be deposited to the Customer’s account; nor, with respect to credit card transactions, may Biller give cash/check refunds to a Customer in connection with a Transaction previously processed, unless required by applicable law. Individual users, when they initially log in, may be asked whether or not they wish to receive marketing and other non-critical Service-related communications from Invoice Cloud from time to time. They may opt out of receiving such communications at that time or at any subsequent time by changing their preference under http://www.invoicecloud.com/privacy.html. Note that because the Service is a hosted, online application, Invoice Cloud occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. The following is only applicable to any Biller who is a Submitter, and for AMEX credit card charges: As to all Transactions Biller submits to Invoice Cloud for processing, Biller represents and warrants that: (1) The Transaction Data represents payment or refund of payment, for a bona fide transaction. (2) The Transaction Data represents an obligation of the Customer for the amount of the Transaction and the accuracy of all Transaction Data.
(3) The Transaction Data does not involve any element of credit for payment of a previously dishonored payment or for any other purpose than payment for a current transaction and future payments as agreed upon by the customer. (4) The Transaction Data is free from any material alteration not authorized by the Customer. (5) The amount charged for the Transaction is not subject to any dispute, setoff, or counterclaim. (6) Neither Biller nor its employees has advanced any cash to the Customer in connection with the Transaction, nor have you accepted payment for effecting credits to a Customer. (7) Biller has made no representations or agreements for the issuance of refunds except as it states in your return/cancellation policy, which has been previously submitted to Invoice Cloud in writing, and which is available to the Customer. (8) Any transaction submitted to Invoice Cloud to credit a Customer’s account represents a refund or adjustment to a Transaction previously submitted to Invoice Cloud. (9) Biller has no knowledge or notice of information that would lead it to believe that the enforceability or collectability of the subject Transaction Data is in any manner impaired. The Transaction Data is in compliance with all applicable laws, ordinances, and regulations. The Transaction Data is originated in compliance with this Agreement and any applicable agreements. (10) For a Transaction where the Customer pays in installments or on a deferred payment plan, a Transaction Data record has been prepared separately for each installment transaction or deferred payment on the date(s) the Customer agreed to be charged. All installments and deferred payments, whether or not they have been submitted to Invoice Cloud for processing, shall be deemed to be a part of the original Transaction.
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Invoice Cloud Biller Terms and Conditions (v3.1) 3
(11) Biller has not submitted any Transaction that it knows or should have known to be either fraudulent, illegal, or otherwise in violation of any provision of this Agreement or other applicable agreements. (12) All Transaction Data is complete and accurate (including with respect to total due fields) and Invoice Cloud is not liable or responsible for any incomplete or inaccurate Transaction Data. 3. Chargebacks If Biller is subject of excessive Chargebacks, in addition to our other remedies under this Agreement, Invoice Cloud (or the payment processor) may take the following actions: (i) request that Biller in every case commence issuing refund and related payments directly to Customer; (ii) notify Biller of a new rate that will be charged to process Chargebacks; (iii) collect from Biller an amount reasonably determined by Invoice Cloud (or the payment processor) to be sufficient to cover anticipated Chargebacks and all related fees, penalties, expenses, and fines or request a Reserve Amount (where a Reserve Account is noted under the Biller Order Form or as otherwise required under the terms of this Agreement or other agreement with Invoice Cloud or any payment processor); or (iv) terminate the Agreement. Biller also agrees to pay any and all penalties, fees, fines and costs assessed against Invoice Cloud (or the payment processor) relating to your violation of this Agreement, or other agreement related thereto. Biller agrees that it is fully liable if any Transaction, for which Invoice Cloud has provided Biller credit or paid Biller, is the subject of a Chargeback or ACH rejects or reversals or other refunds or credits. To the extent Invoice Cloud has paid or may be called upon to pay a Chargeback, refund or adjustment for or on the account of a Customer and Biller does not reimburse us as provided for in this Agreement, or has insufficient funds to draw from in the Billers Debit Account (to the extent applicable as provided in Section 4 below) then for the purpose of our obtaining reimbursement of such sums paid or anticipated to be paid, Biller shall indemnify, defend and hold Invoice Cloud harmless therefrom. The Billers Debit Account will contain sufficient funds to cover any estimated exposure based on reasonable criteria for Chargebacks, ACH rejects or reversals, credits, returns, and all additional liabilities anticipated under this Agreement, including, but not limited to Chargebacks, fines, fees and penalties. Invoice Cloud may (but is not required to) apply funds in the Billers Debit Account (to the extent applicable as provided in Section 4 below) toward, and set off any funds that would otherwise be payable to Biller against, the satisfaction of any amounts which are or may become due from Biller pursuant to this Agreement. Invoice Cloud may, at its sole discretion, collect fees related to Chargebacks and ACH rejects and reversals, or other refunds or credits from Biller’s customers. The following are some of the most common reasons for Chargebacks; in no way is this intended to be an exhaustive list of possible Chargeback reasons:
(1) Failure to issue a refund to a Customer as required. (2) Invoice Cloud did not receive Biller’s response to a Retrieval Request within 7 days or any shorter time period required by the Payment Brand Rules. (3) A Customer disputes the Transaction, or claims that the Transaction is subject to a set-off, defense, or counterclaim. Invoice Cloud may receive a Chargeback from a Transaction, an AMEX credit card Service or otherwise, where the possibility of Chargebacks are noted as part of the Service. Some common reasons for Chargebacks are listed. In the event that Invoice Cloud receives a Chargeback, Biller shall reimburse Invoice Cloud for such Chargebacks (which may include Invoice Cloud withdrawing such amounts from the Biller’s Debit Account). In addition, Biller shall be responsible to Invoice Cloud for charges against any reserves required by payment or credit card processors; and any Chargebacks, by any party, including without limitation Chargebacks claimed by any payment and credit card processors, bank, or other financial services organization.. To the extent permitted by applicable law, Biller shall indemnify and hold Invoice Cloud, its licensors and Invoice Cloud’s, subsidiaries, affiliates, officers, directors, employees, attorneys, agents, and payment processors harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with any claim, cause of action, lawsuit, administrative or criminal investigation, charge, action or claim alleging: (i) charge against any reserves required by payment or credit card processors; (ii) a Chargeback, by any party, including without limitation Chargebacks claimed by any payment and credit card processors, bank, or other financial services organization; (iii) that use of any Customer Data infringes the rights of a third party; (iv) a violation by Biller of Biller’s representations and warranties or the breach by Biller or Biller’s Users of this Agreement including without limitation incomplete or inaccurate Transaction Data; or (v) relating directly or indirectly to Biller’s or its authorized users’ use of the Service. Invoice Cloud may receive a Chargeback from a Transaction where Biller has a submitter agreement, an AMEX credit card Service or otherwise, where the possibility of Chargebacks are noted as part of the Service. In the event that Invoice Cloud receives a Chargeback, Biller shall reimburse Invoice Cloud for such Chargebacks (which may include Invoice Cloud withdrawing such amounts from the Biller’s Debit Account). 4. Certain Contractual Terms. The following only applies to the extent not otherwise addressed in the Agreement: LIMITED WARRANTY: THE INTEGRATION COMPONENTS ARE PROVIDED “AS IS”. ALL WARRANTIES, EXPRESSED OR IMPLIED ARE HEREBY DISCLAIMED WITH RESPECT TO THE INTEGRATION COMPONENTS INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST LATENT DEFECTS.
INVOICE CLOUD’S AGGREGATE LIABILITY SHALL BE UP TO AND NOT EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM BILLER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL INVOICE CLOUD AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to Biller.
To the extent that the Biller’s Agreement does not have a Biller indemnification, limited warranty or limitation of liability clause respectively, or to the extent that there is no Biller Agreement, the clauses in this Section 4 shall apply, shall control and be binding on the Biller. Where
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Invoice Cloud Biller Terms and Conditions (v3.1) 4
there is no Biller Agreement, the terms of these Biller Terms and Conditions (and any order forms) shall be the sole and entire agreement between the parties. 5. Biller Deposit Account Automatic Debit (Applicable where Biller Debit Account has been designated on the Biller Order Form) Where Biller authorizes Invoice Cloud’s receipt of all fees and periodic fees referenced in the Biller Order Form - from payments made by Customers, or from credit card processers, bank card issuers, payment associations, ACH and check processers, as applicable. Except where prohibited by applicable law, Biller shall establish a Deposit Account(s) whereby Invoice Cloud will automatically withdraw from the Biller’s account(s) used for this purpose (“Biller’s Debit Account(s)”) the fees and periodic fees referenced in the Order Form and any Chargebacks, ACH rejects or reversals, refunds and other fees due hereunder resulting therefrom. Biller shall be responsible for and pay all fees or charges relating to Biller’s Debit Account and the automatic debit facility, in accordance with the terms thereof. In addition, with respect to any invoices and/or payments that are processed through the Service, the Biller’s agreements with all such credit card processers, bank card issuers, ACH and check processers shall require remittance and payment to Invoice Cloud, of all fees and to no other account. Biller shall maintain sufficient funds in the Biller’s Debit Account to pay all periodic fees, Chargebacks, ACH rejects, reversals refunds and other fees due hereunder resulting therefrom. 6. Encrypted Card Readers. (Applicable where Card Readers has been designated on the Biller Order Form) Encrypted Card Readers (or Card Readers as described in the Biller Order Form), are provided to the Biller for their use under license fee provided in the Biller Order Form. Invoice Clouds provides to Biller the products on license. Biller will be fully responsible for all products including without limitation all risk of loss and damage to products while in its possession or control, save normal wear and tear. Where Invoice Cloud provides encrypted card readers, the following additional terms apply (with “products” or “device” in this Section 6 referring to the encrypted card readers): a. Invoice Cloud and the manufacturer warrants that the products provided pursuant to this Agreement will perform in accordance with the manufacturer’s published specifications. Should this product fail to conform to manufacturer’s specifications.. Repair parts and replacement products will be furnished on an exchange basis and will be either reconditioned or new as specified below. This limited warranty does not include service to repair damage to the product resulting from accident, disaster, unreasonable use, misuse, abuse, customer’s negligence, Reseller’s negligence, or non-manufacturer modification of the product. Invoice Cloud reserves the right to examine the alleged defective goods to determine whether the warranty is applicable. Without limiting the generality of the foregoing, Invoice Cloud and manufacturer specifically disclaims any liability or warranty for goods resold in other than manufacturer’s original packages, and for goods modified, altered, or treated by customers. Service may be obtained by delivering the product during the warranty period as instructed by Invoice b. The following is the repair and replacement policy:
Replacement Requests – Biller to notify Invoice Cloud that the device is not working, via email, phone call or help desk ticket.
Invoice Cloud will update and or open a new ticket for the swap replacement request. Biller must provide the serial number of the device that is not working. Replacement device will be shipped to the Biller the same day if request is submitted by 2 pm CST. Requests received after 2pm CST will be processed the following business day. Shipping Method: Replacement devices will be shipped via Fed Ex 1-3 day at no charge to the Biller. If the Biller needs the device overnighted there is an additional cost of $35.00 per device. Biller have 14 business days to return to the device that is not working to Invoice Cloud, Inc. 1148 Vickery Lane, Cordova, TN 38016, delivery or postage pre-paid. Failure to return the non-working device may result in additional fees and charges to the Biller. Invoice Cloud shall use reasonable efforts to provide the encrypted card reader service in an uninterrupted, continuous fashion. Biller understands and agrees that services may be periodically off line or otherwise inoperable in order for Invoice Cloud to perform maintenance, install or test software, or for other commercially reasonable business purposes and that during such time services may not be provided. Biller further understands and agrees that from time to time services may be off line or otherwise inoperable as a result of the failure of equipment or services provided to manufacturer by third parties (for example, public or private telecommunications services or internet nodes or facilities, overall Internet congestion, unavailability of generic internet services, such as DNS services), and that during such time Services may not be provided. Furthermore, Biller understands and agrees that the provisions of services and other performances hereunder will be excused for any of the reasons set forth herein. In the event of unforeseen network, or equipment failure, manufacturer will use commercially reasonable efforts to restore the Services in a reasonability prompt fashion. Manufacturer may from time to time, in its sole discretion, modify the manner in which it provides services, and modify its software and systems, all of which may result in a change in the manner in which manufacturer provides the software and systems provided, however, that such modifications and/or changes do not degrade the level of, or have a material adverse impact upon the features and functionality of the Services. c. EXCEPT AS PROVIDED IN THIS SECTION 6, INVOICE CLOUD AND MANUFACTURER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND INVOICE CLOUD MANUFACTURER DISCLAIMS ANY WARRANTY OF ANY OTHER KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BILLER AGREES S THAT THE MANUFACTURER PRODUCT IS OFFERED AS IS. d. Responsibilities of Biller. Biller will be responsible for the following: (i) Providing Invoice Cloud with a static IP address or a specific range of static IP addresses, (ii) Confidentiality of End User’s Data. Biller is solely responsible for ensuring the secure transmission of any data that Biller transmits to Invoice Cloud (“Biller Transmitted Information”), and Invoice Cloud and Manufacturer will have no liability therefore (provided that manufacturer will use Biller Transmitted Information only for purposes of this Agreement). Biller is
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Invoice Cloud Biller Terms and Conditions (v3.1) 5
solely responsible for implementing security measure, procedures, and standards or any other best practice available to protect the confidentiality of Biller Transmitted Information, (iii) protecting the confidentiality of any information stored on Biller’s servers, and (iv) Using the Services in the manner instructed by Invoice Cloud manufacturer and otherwise in the manner intended. e. Network Security. Biller shall be solely responsible for ensuring that Authorized Biller Employees are not security risks. Upon Invoice Cloud’s request, Biller will provide Invoice Cloud with any information reasonably necessary for Invoice Cloud to evaluate security issues relating to any Authorized Biller Employee. Each party will be solely responsible for the selection, implementation, and maintenance of security procedures and policies that are sufficient to ensure that (a) such party’s use of the Network Connection is secure and is used only for authorized purposes, and (b) such party’s business records and data are protected against improper access, use, loss, alteration or destruction. f. Biller shall provide Invoice Cloud with physical access to the devices upon request after reasonable advance notice. Biller shall not, nor allow any Third Party to, modify, repair, relocate, sell, lease, assign, encumber, or otherwise tamper with any of the devices without Invoice Cloud’s express written consent. Any change of the location of the devices may warrant that Biller pay Invoice Cloud any additional installation and related charges associated with such relocation, charged by Invoice Cloud’s third party vendors. At the end of the term, Biller shall be responsible to return all devices, freight prepaid by Invoice Cloud, to Invoice Cloud at the place from which devices was shipped (or as otherwise designated by Invoice Cloud) in as good condition as exists at the commencement of the term, reasonable wear and tear, and casualty, in respect thereto excepted. Biller shall use devices at all times in a workmanlike manner and in such manner as will not damage or injure the devices except by the ordinary wear and tear of such devices. In the event of damage to any devices, Biller shall notify Invoice Cloud who shall replace or repair the devices at Biller’s expense. Devices and all parts and components thereof shall retain its character as personal property and all right, title and interest thereto shall not pass to Biller but title and ownership shall remain exclusively with Invoice Cloud. Biller shall be and shall have the duties of a bailee of the devices. Biller shall not remove, conceal or otherwise interfere with the title or ownership plate of Invoice Cloud affixed to devices until and unless devices is purchased and full payment therefor is made as herein provided. If Biller sells, assigns or attempts to sell or assign devices or any interest therein, or if Biller defaults in any of the covenants, conditions or provisions of this Agreement, it is agreed that Invoice Cloud may immediately and with notice take possession of devices where found and to remove and keep or dispose of the same and any unpaid fees shall at once become due and payable. If any step is taken by legal action or otherwise by Invoice Cloud to recover possession of devices or otherwise enforce this Agreement or to collect moneys due hereunder Biller shall pay Invoice Cloud the equivalent of the moneys expended or charges incurred by Invoice Cloud in such behalf, including reasonable attorney's fees. 7. Kiosks (Applicable where Kiosks has been designated on the Biller Order Form) Kiosks (as described in the Biller Order Form), are provided to the Biller for their use under a license fee provided in the Biller Order Form. Invoice Cloud provides to Biller the products (as defined below) on license. Biller will be fully responsible for all Kiosks including without limitation all risk of loss and damage to products while in its possession or control, save normal wear and tear. Where Invoice Cloud provides kiosks, the following additional terms apply (with “products,” “Products” and “kiosks” in this Section 7 referring to the kiosks and any firmware and software included with the kiosks and applicable documentation, as the same may be upgraded, modified, and enhanced from time to time): a. License. Invoice Cloud grants to Biller a non-exclusive, non-transferrable, non-sublicensable right to use, the products for its customers during the term of this Agreement, and subject to the terms hereof. The foregoing right includes (without limitation) the right to install and use the Products for purposes reasonably related to the subject matter of this Agreement, including, but not limited to, testing, and staging, of the Products. All rights not specifically granted to Biller hereunder are reserved by Invoice Cloud and the kiosk manufacturer. Any and all intellectual property rights to the products shall belong solely to Invoice Cloud and the manufacturer. Without limiting the generality of the foregoing, delivered products must not be (a) copied, distributed, modified, translated, adapted or altered, in part or in whole, in any way or (b) decompiled, disassembled or reverse engineered or unbundled from any product nor may Biller seek, in any manner, to discover, disclose or use any source code, proprietary algorithms, techniques or other Confidential Information contained therein. In addition, Biller may not produce, copy or alter or modify any of the products or product packaging or labeling, or combine products with any other product or services for sale without prior written consent of Invoice Cloud; such consent may be given or withheld in the sole discretion of Invoice Cloud. Biller shall not erase, remove, cover, deface, or alter any copyright trademark or patent notice, guarantee, or other statement or marking, affixed or applied by Invoice Cloud or the manufacturer on or to, either the Products or any other technical or promotional material relative to the Products. b. Manufacturer Limited Warranty. Kiosk Information Systems, Inc, (“Kiosk.com”) warrants that the products provided pursuant to this Agreement will materially perform in accordance with the manufacturer’s published specifications. Warranty service is detailed in Section 7(d) below. Should the product fail to conform to manufacturer’s specifications, repair parts and replacement products will be furnished on an exchange basis and will be either reconditioned or new as specified below. This limited warranty does not include service to repair damage to the product resulting from accident, disaster, unreasonable use, misuse, abuse, biller’s negligence, or non-manufacturer negligence, or non-manufacturer modification of the product. Invoice Cloud and the manufacturer reserve the right to examine the alleged defective products to determine whether the warranty is applicable. THE PRODUCTS FROM INVOICE CLOUD ARE PROVIDED STRICTLY “AS IS” AND INVOICE CLOUD AND KIOSK.COM SPECIFICALLY DISCLAIM- ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF PERFORMANCE OR DEALING. c. Term and Effect of Termination. Minimum fee charges shall apply from the earlier of four weeks from date of delivery to Biller of each applicable kiosk or the date that the kiosks are operational. Notwithstanding anything to the contrary in the Biller Agreement, and notwithstanding anything to the contrary in any limitation of liability provision in the Biller Agreement, in the event that the Biller Agreement or other agreement between Invoice Cloud and the Biller permits Biller to terminate the Agreement or any order relating to kiosks for the Biller’s convenience, Biller shall pay on the effective date of such termination: (a) all amounts due for the use of and all transaction fees due for use of the kiosks as of the effective date of termination; (b) all amounts that would have been due to Invoice Cloud through the end of the later of the term referenced in the Biller Agreement or the term of the kiosks referenced in the Biller Order Form, notwithstanding the termination, based on the minimum transaction fees on the Biller Order Form times the number of months that were remaining in the term in the Biller Order Form immediately prior to the effective date of termination, (c) all amounts due from Biller to the manufacturer for services or parts procured, and (d) any committed and non-cancellable amounts for equipment, products or kiosks, purchased by Invoice Cloud as a result of Biller’s order of kiosks.
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Invoice Cloud Biller Terms and Conditions (v3.1) 6
d. Warranty Service. Service may be obtained as follows under the Advanced Exchange and Field Service Warranty from the Manufacturer: Advanced Exchange and Field Service Warranty provides a factory parts stocking plan with overnight shipping designed to
minimize business disruption. The bundled warranty covers replacement of any failed part or workmanship, as well as the Field
Service Technician site visit expense to implement the replacement part swap.
Expectations surrounding the scope of the KIOSK Advanced Exchange & Field Service Warranty are as follows:
i. Advanced Exchange & Field Service Description
• Phone and Warranty Parts Shipment Support. In the event that there is a warranty or support issue with any
Kiosk, please contact Invoice Cloud support. The Exchange Warranty outlined below applies.
• If replacement part and / or Field Service Technician is required, Invoice Cloud (through the manufacturer)
arranges for overnight shipment of replacement parts and schedules the KIOSK.COM Field Technician Visit to arrive (typically
within 24 hours of call receipt).
• Service will be provided pursuant to service level provided in the SLA addendum at www.invoicecloud.net/sla
• No charge for replacement components to the extent warranted hereunder and subject to the terms and conditions herein. • KIOSK.COM covers inbound and outbound shipping costs for failed / replacement parts except as provided herein. The manufacturer provides the Biller with an RMA number and a pre-paid return shipping label with each replacement component. When the customer receives the replacement, the failed part is then returned with the KIOSK pre-paid label.
ii. Exchange Warranty – Out of Scope Items
• The warranty and support commitments include the original kiosk enclosure and all components as shipped from the
manufacturer’s factory, however, does not include consigned components, customer software application, network connectivity
service, custom modifications or changes made to the system, cleaning, installation, or repositioning of system.
• Returned parts with No Defect Found (following the manufacturer failure analysis) will be billed back to the Biller.
No Defect Found fees include reversal of any component credit, any applicable shipping and handling fees, as well as hourly
RMA diagnostic fees of $125 / hour.)
• The most common source of “no defect found” parts is component maintenance and cleaning neglect in the field.
Biller is responsible for keeping kiosk clean through occasional wiping down with damp cloth, dusting, etc.
• Warranty does not include any customer application software, drivers, or special interface equipment and
configuration unless specifically noted in the purchase contract.
• The warranty does not apply to expendable items (i.e. normal wear and tear of external graphics etc.). Paint damage
due to normal wear and tear is not covered under above warranty. Paint damage resulting from manufacturing defects will be
covered by above warranty.
• Damage caused by cleaning, neglect, vandalism, physical abuse or environmental acts of God are not covered under
this warranty.
iii. Additional Exchange & Field Service Warranty Terms and Conditions
• Warranty service is guaranteed for 30 days for workmanship after the service is complete.
• Replacement components are not guaranteed to be new components and may come from the manufacturer
refurbished and tested stock (at the discretion of the manufacturer).
• The three-year warranty on part defects is not extended if replacement parts are provided in a maintenance action.
• This warranty is voided by misuse, accident, modification, and unsuitable physical or operating environment,
improper maintenance by customer, or customer’s other service organizations, removal or alteration of part identification, or
failure caused by a product or component not supplied by Invoice Cloud or manufacturer, or for which Invoice Cloud or the
manufacturer is not responsible, or any modifications or changes to components or to the kiosk without Invoice Cloud’s written
approval.
• Requests for optional Hourly Field Service Technician service calls must be received by 1:00 pm MST, Monday
through Friday, to be eligible for the next day site arrival (24-hour) service metric. Technician request calls received after 1:00
pm MST will be scheduled on the following business day. Field service charge is $175 / hour.
• Biller will provide onsite contacts for each location. Exceptions to fulfillment of onsite service can include holidays
or events that prohibit access to the location.
• Keys must be on-site and available prior to the dispatch of a Field Technician.
• Payment of out-of-scope service fees is due upon invoice. Invoice Cloud reserves the right to suspend service
support until delinquent account payments are settled in full.
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Invoice Cloud and the manufacturer shall use reasonable efforts to provide the kiosks in an uninterrupted, continuous fashion. Biller understands and agrees that services may be periodically off line or otherwise inoperable in order for Invoice Cloud or the manufacturer to perform maintenance, install or test software, or for other commercially reasonable business purposes and that during such time services may not be provided. Biller further understands and agrees that from time to time services may be off line or otherwise inoperable as a result of the failure of products, equipment or services provided to manufacturer by third parties (for example, public or private telecommunications services or internet nodes or facilities, overall Internet congestion, unavailability of generic internet services, such as DNS services), and that during such time Services may not be provided. Furthermore, Biller understands and agrees that the provisions of services and other performances hereunder will be excused for any of the reasons set forth herein. In the event of unforeseen network, or equipment failure, manufacturer will use commercially reasonable efforts to restore the Services in a reasonably prompt fashion. Manufacturer may from time to time, in its sole discretion, modify the manner in which it provides services, and modify its software and systems, all of which may result in a change in the manner in which manufacturer provides the software and systems provided, however, that such modifications and/or changes do not degrade the level of, or have a material adverse impact upon the features and functionality of the product or the Services. e. Responsibilities of Biller. (X) Biller will be responsible for the following: (i) Providing Invoice Cloud with a static IP address or a specific range of static IP addresses, and (ii) Confidentiality of End User’s Data. Biller is solely responsible for ensuring the secure transmission of any data that Biller transmits to Invoice Cloud (“Biller Transmitted Information”), and Invoice Cloud and Manufacturer will have no liability therefore. Biller is solely responsible for implementing security measure, procedures, and standards or any other best practice available to protect the confidentiality of Biller Transmitted Information, (iii) protecting the confidentiality of any information stored on Biller’s servers, and (iv) Using the Services in the manner instructed by Invoice Cloud manufacturer and otherwise in the manner intended. (Y) Biller shall be solely responsible for ensuring that Biller’s employees are not security risks. Biller will be solely responsible for the selection, implementation, and maintenance of security procedures and policies that are sufficient to ensure that (a) such party’s use of the Network Connection is secure and is used only for authorized purposes, and (b) such party’s business records and data are protected against improper access, use, loss, alteration or destruction. (Z). Biller shall provide Invoice Cloud or the manufacturer with physical access to the kiosks upon request after reasonable advance notice. Biller shall not, nor allow any third party to, modify, repair, relocate, sell, lease, assign, encumber, or otherwise tamper with any of the kiosks without Invoice Cloud’s or the manufacturer’s express written consent. Any change of the location of the kiosks may warrant that Biller pay Invoice Cloud any additional installation and related charges associated with such relocation, charged by Invoice Cloud’s third-party vendors. At the end of the term, Biller shall be responsible to de-install all kiosks, return all kiosks, freight prepaid by Biller, to Invoice Cloud at the place from which kiosks was shipped (or as otherwise designated by Invoice Cloud) in as good condition as exists at the commencement of the term, reasonable wear and tear, excepted. Biller shall use and ensure that the kiosks are at all times used in a workmanlike manner and in such manner as will not damage or injure the kiosks except by the ordinary wear and tear of such kiosks. In the event of damage to any kiosks, Biller shall promptly notify Invoice Cloud who shall replace or repair the kiosks at Biller’s expense. f. Personal Property of Invoice Cloud. Kiosks and all parts and components thereof shall retain its character as personal property and all right, title and interest thereto shall not pass to Biller, but title and ownership shall remain exclusively with Invoice Cloud. Biller shall be and shall have the duties of a bailee of the kiosks. Biller shall not remove, conceal or otherwise interfere with the title or ownership plate of Invoice Cloud affixed to kiosks. If Biller sells, assigns or attempts to sell or assign kiosks or any interest therein, or if Biller defaults in any of the covenants, conditions or provisions of this Agreement, it is agreed that Invoice Cloud may immediately and without notice take possession of kiosks where found and to remove and keep or dispose of the same and any unpaid fees including all fees as provided herein and in the Biller Order Form will be due and payable. If any step is taken by legal action or otherwise by Invoice Cloud to recover possession of kiosks or otherwise enforce this Agreement or to collect moneys due hereunder Biller shall pay Invoice Cloud the equivalent of the moneys expended or charges incurred by Invoice Cloud in such behalf, including reasonable attorney's fees.
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Biller Agreement
Biller Agreement Rev 4.2
The complete Biller Agreement includes the Biller Order Form, the Online Terms and Conditions and this Agreement
Page | 1
1. License Grant & Restrictions. Subject to execution by Biller of the Invoice Cloud Biller Order Form incorporating this Agreement, Invoice Cloud hereby grants Biller a non-exclusive, non-transferable, worldwide right to use the Service described on the Biller Order Form until termination as provided herein, solely for the following purposes, and specifically to bill and receive payment from Biller’s own customers, for Services that are referenced in the Biller Order Form. All rights not expressly granted to Biller are reserved by Invoice Cloud and its licensors.
Biller will provide to Invoice Cloud all Biller Data generated for Biller’s Customers. Unless otherwise expressly agreed to in writing by Invoice Cloud to the contrary, Invoice Cloud will process all of Biller’s Customers’ Payment Instrument Transactions requirements related to the Biller Data and will do so via electronic data transmission according to our formats and procedures for each electronic payment type selected in the Biller Order Form. In addition, Biller will sign all third party applications and agreements required for the Service including without limitation payment and credit card processing agreements and merchant agreements. For invoice types listed on the Order Form (e.g. real estate taxes, utility bills, parking tickets, insurance premium, loans, etc.), Biller will not use the credit card processing, ACH or check processing of any bank, payment processor, entity, or person, other than Invoice Cloud via electronic data transmission or the authorization for processing of Biller’s Customers’ Payment Instrument Transactions for each electronic payment type selected in the Biller Order Form throughout the term of this Agreement.
Biller shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) Recreate, "frame" or "mirror" any portion of the Service on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Service; or (v) copy any features, functions or graphics of the Service.
2. Privacy & Security. Invoice Cloud's privacy and security policies may be viewed at http://www.invoicecloud.com/privacy.html. Invoice
Cloud reserves the right to modify its privacy and security policies in its reasonable discretion from time to time which modification shall not materially adversely impact such policies. Invoice Cloud will maintain compliance with current required Payment Card Industry (PCI) standards and Cardholder Information Security standards.
3. Account Information and Data. Invoice Cloud does not and will not own any Customer Data, in the course of providing the Service. Biller, not Invoice Cloud, shall have sole responsibility for the accuracy, quality, integrity, legality, and reliability of, and obtaining the intellectual property rights to use and process all Customer Data. In the event this Agreement is terminated, Invoice Cloud will make available to Biller a file of the Customer Data within 30 days of termination of this Agreement (or at a later time if required by applicable law), if Biller so requests at the time of termination. Invoice Cloud reserves the right to remove and/or discard Customer Data with 30 days notice except as prohibited by applicable law or in the event of exigent circumstances which makes prior notice impracticable, and in which case, notice will be provided promptly thereafter.
4. Confidentiality / Intellectual Property Ownership. Invoice Cloud agrees that it may be furnished with or otherwise have access to Customer Data that the Biller’s customers considers confidential. Invoice Cloud agrees to secure and protect the Customer Data in a manner consistent with the maintenance of Invoice Cloud’s own Confidential Information, using at least as great a degree of care as it uses to maintain the confidentiality of its own confidential information, but in no event use less than commercially reasonable measures. Invoice Cloud will not sell, transfer, publish, disclose, or otherwise make available any portion of the Customer Data to third parties, except as required to perform the Services under this Agreement or otherwise required by applicable law.
Invoice Cloud (and its licensors, where applicable) owns all right, title and interest, including all related Intellectual Property Rights, in and to the Invoice Cloud Technology, the Content and the Service and any enhancement requests, feedback, integration components, suggestions, ideas, and application programming interfaces, recommendations or other information provided by Biller or any other party relating to the Service. In the event any such intellectual property rights in the Invoice Cloud Technology, the Content or the Service do not fall within the specifically enumerated works that constitute works made for hire under applicable copyright laws or are deemed to be owned by Invoice Cloud, Biller hereby irrevocably, expressly and automatically assigns all right, title and interest worldwide in and to such intellectual property rights to Invoice Cloud. The Invoice Cloud name, the Invoice Cloud logo, and the product names associated with the Service are trademarks of Invoice Cloud or third parties, and no right or license is granted to use them.
Biller agrees that during the course of using or gaining access to the Service (or components thereof) it may be furnished with or otherwise have access to information that Invoice Cloud considers to be confidential including but not limited to Invoice Cloud Technology, customer and/or prospective customer information, product features and plans, marketing/sales collateral, pricing and financial information of the parties
which are hereby deemed to be Invoice Cloud Confidential Information, or any other information that by its very nature constitutes information of a type that any reasonable business person would conclude was intended by Invoice Cloud to be treated as proprietary, confidential, or private (the “Confidential Information”). Biller agrees to secure and protect the Confidential Information in a manner consistent with the maintenance of Invoice Cloud’s rights therein, using at least as great a degree of care as it uses to maintain the confidentiality of its own confidential information, but in no event use less than reasonable efforts. Biller will not sell, transfer, publish, disclose, or otherwise make available any portion of the Confidential Information of the other party to third parties (and will ensure that its employee and agents abide by the requirements hereof), except as expressly authorized in this Agreement or otherwise required by applicable law.
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Biller Agreement
Biller Agreement Rev 4.2
The complete Biller Agreement includes the Biller Order Form, the Online Terms and Conditions and this Agreement
Page | 2
5. Billing and Renewal. Invoice Cloud fees for the Service are provided on the Biller Order Form. Invoice Cloud's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, Invoice Cloud may assess and/or collect such taxes, levies, or duties against Biller and Biller shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Invoice Cloud's income. All payment obligations are non-cancellable and all amounts or fees paid are non-refundable. Unless Invoice Cloud in its discretion determines otherwise, all fees will be billed in U.S. dollars. If Biller believes Biller’s bill or payment is incorrect, Biller must provide written notice to Invoice Cloud within 60 days of the earlier of the invoice date, or the date of payment, with respect to the amount in
question to be eligible to receive an adjustment or credit; otherwise such bill or payment is deemed correct. Invoice Cloud reserves the right to modify any pricing with respect to fees owed by the Biller upon thirty days written notice to Biller based on increases incurred by Invoice Cloud on fees, assessments, and the like from credit card processers, bank card issuers, payment associations, ACH and check processers.
6. Term and Termination. The initial term of this Agreement shall commence of the execution date of the Biller Order Form and continue for a period of three (3) years after the date that the first transactions are processed through the Service (“Initial Term”) and will automatically renew for each of additional successive three (3) year terms (“Renewal Term”) unless terminated as set forth herein. This Agreement may be terminated by either party effective at the end of the Initial or any Renewal Term by such party providing written notice to the other party of its intent not to renew no less than ninety (90) days prior to the expiration of the then-current term. Additionally, this Agreement may be terminated by either party with cause in the event of a material breach of the terms of this Agreement by the other party and the breach remains uncured for a period of 30 days following receipt of written notice by the breaching party. For example, any unauthorized use of the Invoice Cloud Technology or Service by Biller, or its authorized users will be deemed a material breach of this Agreement. Upon any early termination of this Agreement by Invoice Cloud as a result of the breach, Biller shall remain liable for all fees and charges incurred, and all periodic fees owed through the end of the calendar month following the effective date of termination. Upon any termination or expiration of this Agreement, Biller’s password and access will be disabled and Biller will be obligated to pay the balance due on Biller’s account computed in accordance with the Charges and Payment of Fees section above. Biller agrees that Invoice Cloud may charge such unpaid fees to Biller’s Debit Account or credit card or otherwise bill Biller for such unpaid fees.
7. Invoice Cloud Responsibilities. Invoice Cloud represents and warrants that it has the legal power and authority to enter into this Agreement. Invoice Cloud warrants that the Service will materially perform the functions that the Biller has selected on the Order Form under normal use and circumstances and that. Invoice Cloud shall use commercially reasonable measures with respect to Customer Data to the extent that it retains such, in the operation of the Service; provided that the Biller shall maintain immediately accessible backups of the Customer Data. In addition, Invoice Cloud will, at its own expense, as the sole and exclusive remedy with respect to performance of the Service, correct any Transaction Data to the extent that such errors have been caused by Invoice Cloud or by malfunctions of Invoice Cloud’s processing systems.
8. Limited Warranty EXCEPT AS PROVIDED IN SECTION 7, THE SERVICES AND ALL CONTENT AND TRANSACTION DATA IS PROVIDED WITHOUT ANY EXPRESS, OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INVOICE CLOUD AND ITS LICENSORS AND PAYMENT PROCESSORS. INVOICE CLOUD AND ITS LICENSORS AND PAYMENT PROCESSORS DO NOT
REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THAT THE SERVICE WILL NOT DELAY IN PROCESSING OR PAYING, OR (C) THE SERVICE WILL MEET REQUIREMENTS WITH RESPECT TO SIZE OR VOLUME. Invoice Cloud's service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Invoice cloud is not responsible for any delays, delivery failures, or other damage resulting from such problems.
9. Biller’s Responsibilities. Biller represents and warrants that it has the legal power and authority to enter into this Agreement. Biller is responsible for all activity occurring under Biller’s accounts and shall abide by all applicable laws, and regulations in connection with Biller’s and/or its customers’ and/or any payers’ use of the Service, including those related to data privacy, communications, export or import of data and the transmission of technical, personal or other data. Biller represents and warrants that Biller has not falsely identified itself nor provided any false information to gain access to the Service and that Biller’s billing information is correct. Biller shall: (i) notify Invoice Cloud immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Invoice Cloud and immediately stop any copying or distribution of Content that is known or suspected to be unauthorized by Biller or Biller’s Users; and (iii) obtain consent from Biller’s customers and payers to receive notifications and invoices from Invoice Cloud. Invoice Cloud is not
responsible for any Biller postings in error due to delayed notification from credit card processor, ACH bank and other related circumstances. Biller agrees and acknowledges that in the event that Biller has access to, receives from, creates, or receives protected health information, or Biller has access to, creates, receives, maintains or transmits on behalf of electronic protected health information (as those terms are defined under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009 (“ARRA”),during the performance under this Agreement, it will comply with all such law, regulations and rules related thereto.
Biller is required to ensure that it maintains a fair policy with regard to the refund, return or cancellation of services and adjustment of Transactions. Biller is also required to disclose all refund, return and cancellation policies to Invoice Cloud and any applicable payment processors and Biller’s Customers, as requested. Any change in a return/ cancellation policy must be submitted to Invoice Cloud, in writing, not less than 21 days prior to the effective date of such change. If Biller allows or is required to provide a price adjustment, or cancellation of
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Biller Agreement
Biller Agreement Rev 4.2
The complete Biller Agreement includes the Biller Order Form, the Online Terms and Conditions and this Agreement
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services in connection with a Transaction previously processed, Biller will prepare and deliver to Invoice Cloud Transaction Data reflecting such refund/adjustment within 2 days of resolution of the request resulting in such refund/adjustment. The amount of the refund/adjustment cannot exceed the amount shown as the total on the original Transaction Data. Biller may not accept cash or any other payment or consideration from a Customer in return for preparing a refund to be deposited to the Customer’s account; nor may Biller give cash/check refunds to a Customer in connection with a Transaction previously processed, unless required by applicable law
10. Indemnification. Invoice Cloud shall indemnify and hold Biller, employees, attorneys, and agents, harmless from any losses, liabilities, and damages (including, without limitation, Biller’s costs, and reasonable attorneys’ fees) arising out: (i) failure by Invoice Cloud to implement
commercially reasonable measures against the theft of the Customer Data; or (ii) its total failure to deliver funds processed by Invoice Cloud as required hereunder (which relates to payments due from Invoice Cloud for Transaction Data). This indemnification does not apply to any claim or complaint relating to Biller’s failure to resolve a payment dispute concerning debts owed to Biller or Biller’s negligence or willful misconduct or violation of any applicable agreement or law.
11. Fees.
Invoice Cloud will not charge fees related to the initial setup, initial implementation and personalization of its standard Service unless a fee is included in the Biller Order Form. Invoice Cloud will charge the Biller or payer fees as provided in the Biller Order Form. In addition, Invoice Cloud reserves the right to charge for changes to the setup, implementation or personalization performed after the completion of initial setup or implementation and any other requested work or changes including the following services, at its then standard rates:
• new file/biller set up
• template changes
• custom reports and other custom development
• new bill printer support
• invoice file format changes resulting in revision of integration/data translation
• re-implementation of a site/system and/or new billing system
• payment file revisions
• loading pdfs and importing/loading invoices
• conversion of biller customer registrations/passwords (post initial implementation)
• balance forward of invoices
• other out of scope services 12. Limitation of Liability. INVOICE CLOUD’S AGGREGATE LIABILITY SHALL BE UP TO AND NOT EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM BILLER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL INVOICE CLOUD AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to Biller.
13. Export Control. The Biller agrees to comply with United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies.
14. Notice. Either party may give notice by electronic mail to the other party’s email address (for Biller, that address on record on the Biller
Order Form, or by written communication sent by first class mail or pre-paid post to the other party’s address on record in Invoice Cloud’s account information for Biller, and for Invoice Cloud, to Invoice Cloud, Inc., 30 Braintree Hill Office Park, Suite 303, Braintree, MA 02184 Attention: Client Services. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
15. Assignment. This Agreement may not be assigned by either party without the prior written approval of the other party, but may be assigned without such party’s consent to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
16. Insurance.
Invoice Cloud agrees to maintain in full force and effect during the term of the Agreement, at its own cost, the following coverages:
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Biller Agreement
Biller Agreement Rev 4.2
The complete Biller Agreement includes the Biller Order Form, the Online Terms and Conditions and this Agreement
Page | 4
a. Commercial General or Business Liability Insurance with minimum combined single limits of One Million ($1,000,000) each occurrence and Two Million ($2,000,000) general aggregate.
b. Umbrella Liability Insurance with minimum combined single limits of Five Million ($5,000,000) each occurrence and Five Million ($5,000,000) general aggregate.
c. Automobile Liability Insurance with minimum combined single limits for bodily injury and property damage of not less than One Million ($1,000,000) for any one occurrence, with respect to each of the Invoice Cloud’s owned, hired or non-owned vehicles assigned to or used in performance of the Services.
d. Errors and Omissions Insurance (Professional Liability and Cyber Insurance) with limits of liability of at least One Million Dollars ($1,000,000) per claim and in the aggregate.
17. Immigration Laws. For Services performed within the United States, Invoice Cloud will assign only personnel who are either citizens of the United States or legally eligible to work in the United States. Invoice Cloud represents and warrants that it has complied and will comply with all applicable immigration laws with respect to the personnel assigned to the Biller.
18. Beta Products. In the event that there is any functionality labelled “Beta” on the Biller Order Form, such functionality is provided “AS IS” WITHOUT ANY EXPRESS, OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INVOICE CLOUD AND ITS LICENSORS AND PAYMENT PROCESSORS. INVOICE CLOUD’S AGGREGATE LIABILITY WITH RESPECT TO SUCH FUNCTIONALITY SHALL BE UP TO AND NOT EXCEED $10.
19. General. With respect to agreements with municipalities, localities or governmental authorities, this Agreement shall be governed by the law of the state wherein such municipality, locality or governmental authority is established, without regard to the choice or conflicts of
law provisions of any jurisdiction. With respect to Billers who are not with municipalities, localities or governmental authorities, this Agreement shall be governed by Massachusetts law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. No text or information set forth on any other purchase order, preprinted form or document (other than aBiller Order, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Biller and Invoice Cloud as a result of this agreement or use of the Service. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Invoice Cloud in writing. All rights and obligations of the parties in Sections 4, 6, 10, 12, 14, 18 and 19 shall survive termination of this Agreement. This Agreement, together with any applicable Biller Order Form, comprises the entire agreement between Biller and Invoice Cloud and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral between the parties regarding the subject matter contained herein. Biller agrees that Invoice Cloud can disclose the fact that Biller is a paying customer and the edition of the Service that Biller is using.
Additional terms and conditions and definitions applicable to this Agreement and the Biller Order Form are found at
www.invoicecloud.com/termsandconditions (the “Biller T+C”) and are agreed to by Invoice Cloud and the Biller.
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STAFF REPORT
To: Mayor David Curnel, Council Members
From: Allison Williams, City Manager
Date: March 18, 2020
Proceeding Type: New Business
Subject: Labor Agreement between City of Moses Lake and Washington
State Council of County and City Employees: AFSCME – AFL – CIO
Local 3045
Legislative History:
•First Presentation: March 10, 2020
•Second Presentation: March 24, 2020
•Action: Motion
Staff Report Summary
This action would approve a new bargaining agreement with the newly formed Local 3045 of the
AFSCME-AFL-CIO. The term is January 1, 2019 through December 31, 2021.
Background
This is the first contract with Local 3045. The union petitioned and was certified by PERC
September 3, 2018. Article 1 and Section 1 of the contract provides an overview of represented
employees.
Negotiations commenced in earnest after the first contract proposal was provided by the Union
to the City on October 10, 2018. The following negotiation dates were scheduled/held:
•October 11, 2018
•October 29, 2018
•November 13, 2018 (cancelled by Union)
•November 26, 2018
•January 14, 2019 (notes reflect cancellation with a question as to Union or City)
•January 28, 2019 (new City Proposal handed out)
•February 25, 2019 (cancelled by Union)
•March 11, 2019 (Union contract response provided)
•March 25, 2019
•April 8, 2019 (cancelled by the City)
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Page 2 of 3
• April 22, 2019
• Additional meetings were scheduled however an impasse had been reached and
mediation was requested by the parties with PERC (Public Employee Relations
Commission).
Mediation sessions were held November 21 – 22, 2019 and December 5-6, 2019 with PERC
mediator, Dan Hickey and Fred Snoderly/Carlos Salazar.
Allison Williams began as City Manager on January 27, 2020, and the DRAFT contract was
provided with the direction that it should be reviewed for any needed changes and then it
would be brought to City Council for approval. Because there were questions about the
negotiation process, the substance of the contract and authorizations given, the City Manager
authorized a third party review which was completed by Ogden Murphy Wallace attorneys who
specialize in Washington State labor contracts.
On February 3, 2020, the Union ratified the contract and a final version was provided to City
staff. As is common practice, a comparison was done of contracts and several changes were
found that could be considered material. A call was organized with the PERC mediator and staff
to discuss the changes and the Union negotiator revised the changes and the contract is now in
conformance with the version produced in December.
Fiscal and Policy Implications
Approval of this agreement will create an ongoing city obligation of $349,855 and there is a one-
time expense of $65,075. These obligations were reviewed by our Finance Director and she will
need to bring forward a budget amendment for approximately two-thirds of the dollar impact as
a portion (approximately 30%) was budgeted in 2020.
Options
Option Results
• Approve the Agreement City Manager executes agreement
• Take no action. Both entities would explore their legal remedies
Staff Recommendation
Staff recommends the City Council approve the agreement and authorize the City Manager to
execute.
Attachments
A. Agreement
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Page 3 of 3
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Agreement Labor Agreement between City of
Moses Lake and Washington State
Council of County and City Employees
AFSCME-AFL-CIO
Local 3045
January 1, 2019 – December 31, 2021
January 2020
Moses Lake Council Packet 3-24-20, Page 139 of 182
1
LABOR AGREEMENT 1
BETWEEN 2
CITY OF MOSES LAKE 3
AND 4
WASHINGTON STATE COUNCIL OF COUNTY 5
AND CITY EMPLOYEES 6
AFSCME - AFL-CIO 7
Local 3045 8
9
10
January 1, 2019 – December 31, 2021 11
12
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TABLE OF CONTENTS 13
14
ARTICLE I RECOGNITION AND UNION SECURITY 15
ARTICLE 2 UNION DUES DEDUCTION 16
ARTICLE 3 MAMAGEMENT RIGHTS 17
ARTICLE 4 PLEDGE AGAINST DISCRIMINATION AND COERCION 18
ARTICLE 5 HOURS OF WORK AND OVERTIME 19
ARTICLE 6 DISCIPLINE AND DISCHARGE 20
ARTICLE 7 GRIEVANCE PROCEDURE 21
ARTICLE 8 SENIORTY 22
ARTICLE 9 PROBATIONARY STATUS 23
ARTICLE 10 REDUCTIONS IN FORCE 24
ARTICLE 11 ABSENCE FROM DUTY 25
ARTICLE 12 WAGES 26
ARTICLE 13 MISCELLANEOUS BENEFITS 27
ARTICLE 14 VACANCIES 28
ARTICLE 15 GENERAL PROVISIONS 29
ARTICLE 16 NO STRIKE NO LOCKOUT 30
ARTICLE 17 SAVINGS CLAUSE 31
ARTICLE 18 TERM OF AGREEMENT 32
ARTICLE 19 SUPPLEMENTAL AGREEMENT 33
APPENDIX "A" PAY SCALES 34
35
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PREAMBLE 36
This Agreement is made and entered into by and between the City of Moses Lake, herein 37
referred to as the Employer, and the Washington State Council of County and City Employees 38
Council 2, AFSCME, Local 3045, herein referred to as the Union. The purpose of this Agreement 39
is to set forth the hours of work and conditions of employment for the employees of the Employer 40
who are represented by the Union as set forth in Article I herein. 41
ARTICLE 1 - RECOGNITION AND UNION SECURITY 42
Section 1. Recognition. 43
The Employer hereby recognizes the Union as the exclusive bargaining agent for all full time and 44
part-time building maintenance, sewer, stormwater/streets, and water division employees, 45
excluding supervisors, confidential employees, clerical employees and all other employees. 46
47
The Union shall provide the City with a list of Union officials, representatives, union stewards, and 48
Chief Stewards along with their current phone numbers for contacting them. Should the list of 49
names or their phone numbers change then a revised list shall be provided to the City Human 50
Resources Department within five (5) working days of the change. 51
Section 2. Employees Covered. 52
The Employer agrees to advise Union in advance of the elimination of any classifications or the 53
creation of new classifications within the bargaining unit. The Employer agrees to negotiate with 54
the Union regarding the terms and conditions of employment of the affected employees prior to 55
taking either of the above listed personnel actions. 56
Section 3. Orientation of New Employees. 57
The Employer agrees to notify the Union Staff Representative and Local Union President in 58
writing of any new positions and new employees that are listed in Article 1 of this agreement 59
and represented by the AFSCME Council 2, Local 3045 bargaining unit. At least 2 full working 60
days prior to the orientation of the new employee, Employer shall provide an electronic format 61
list with the names of the employees, corresponding job title, and Department. A Union official 62
shall, at no loss of pay, be granted up to thirty minutes during the employee’s regular work 63
hours to provide each new employee a basic overview of the employees’ rights and 64
responsibilities regarding Union membership, dues authorizations, and Union insurance. 65
Section 4. Visits by Union Representatives. 66
A. Upon request by a duly authorized Staff Representative of the Union, they shall be 67
permitted to enter upon the Employer's premises at reasonable times for the purpose of 68
conducting Union business. The Union’s Staff Representative shall be escorted by management. 69
Provided, however, that no undue interference with the work of the employees or the proper 70
operation of the Employer will result in the interference of City business. 71
B. Local Union Officers or Stewards may investigate and process grievances during working 72
hours without loss of pay. They are to maintain the progress of work, obtain permission of their 73
immediate supervisor before leaving their place of work to investigate grievances or handle a 74
complaint. Officers and stewards shall be logged providing the name, date, and actual time spent 75
on matters listed in 5.1 and 5.2 of this Article shall be provided to Management. Union Officers 76
shall use good judgement in deferring action or investigating disputes or complaints when the 77
progress of the work is critical. 78
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C. Up to two (2) Union Officers designated by the Union will be allowed to perform Union 79
duties relevant to investigating grievances and complaints during work hours as long as the 80
normal work activity of their department is not interrupted, including meetings with management 81
where their presence is required. 82
D. The Union and the City shall conduct periodic labor/management meetings to discuss 83
ongoing business between the parties to address issues that may arise during the term of the 84
agreement and as an attempt to resolve disagreements that may occur. Up to three members of 85
management, the Human Resources Director and three members of the union, plus the Union 86
Staff Representative shall attend. 87
88
Section 5. Bulletin Boards. 89
The official Division bulletin boards presently provided for posting notices to employees in each 90
Division and/or section within said Division will be made available to the appropriate Union official 91
for the purpose of posting notices of Union meetings, results of elections and Union activities. 92
ARTICLE 2 - UNION DUES DEDUCTION 93
94
The Employer recognizes the WASHINGTON STATE COUNCIL OF COUNTY AND CITY 95
EMPLOYEES/AFSCME Council 2 and its affiliated local (hereafter Union) as the sole and 96
exclusive bargaining representative in all matters concerning wages, hours, and other 97
conditions of employment for all employees described in the recognition clause. The Employer 98
shall remain neutral when communicating with employees about Union membership and direct 99
the employee to discuss union membership with a union staff representative. 100
For current Union members and those who choose to join the Union, the Employer shall 101
deduct once each month all Union dues and fees uniformly levied and shall continue to do so for 102
such time and on conditions set forth in the authorization for payroll deduction regardless of the 103
employee’s continued membership in the Union. The Employer shall transfer amounts 104
deducted to Council 2. Authorizations for Payroll Deduction are valid whether executed in 105
writing or electronically. 106
The Employer shall provide an electronic copy of the Authorization for Payroll Deduction and 107
Representation via email to C2everett@council2.com within 10 days of the employee executing 108
the document. The Employer shall provide to the Union monthly a complete list of all bargaining 109
unit members that includes: Employee name, work address, home address, work phone, 110
personal phone, work email, personal email, birth date, hire date in current bargaining unit, job 111
classification, department, hours worked and monthly base wage. 112
The Employer shall honor the terms and conditions of each employee’s authorization for 113
payroll deduction. Whether an employee is a union member or not, the Employer shall continue 114
to deduct and remit Union dues and fees to the Union until such time as the Union notifies the 115
Employer that the dues authorization has been properly terminated in compliance with the terms 116
of the payroll deduction authorization executed by the employee. 117
The Union shall indemnify the Employer and save the Employer harmless from any and 118
all claims against the Employer arising out of administration of this article so long as the 119
Employer complies with this article. 120
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ARTICLE 3 - MANAGEMENT RIGHTS 121
122
Except as otherwise expressly and specifically limited by law, RCW 41.56 or other policy, rule or 123
regulation, or within this bargaining unit agreement, this Article prescribes the rights and authority 124
reserved to management for the purpose of continuing efficient and effective operation of the City 125
by its workforce. Such right and power shall not be exercised arbitrarily or unfairly to any employee 126
and shall not be exercised so as to violate any provision of this contract. 127
Specific areas of responsibility must be reserved and vested exclusively to the Employer/City if 128
the public service mission of the City is to function effectively and efficiently. Nothing outside of 129
this contract or RCW 41.56 shall be construed to restrict, limit or impair the rights, powers and 130
authority of the City. The City reserves the rights, powers and authority including, but not limited 131
to, the following: 132
A. Direct the work of its employees; 133
B. Hire, promote, demote, transfer, assign, retain, layoff, and recall employees to work in 134
positions with the City of Moses Lake; 135
C. Discipline, reprimand, suspend, demote and/or discharge employees for just cause; 136
D. Maintain effectiveness, productivity and efficiency of governmental operations; 137
E. to make all changes, rules, policies, and practices; 138
F. Relieve employees from duties because of lack of work or other legitimate reasons; 139
G. Take actions as may be necessary to carry out the mission of the City in emergencies 140
as declared by the City Council or City Manager. 141
H. Determine the methods, means, and personnel by which operations are to be carried 142
on. 143
However, the provisions of this Article shall not be used for the purpose of undermining the 144
Union. 145
ARTICLE 4 - PLEDGE AGAINST DISCRIMINATION AND COERCION 146
The provisions of this Agreement shall be applied equally to all employees without discrimination 147
as to age, marital status, race, disability, gender, sexual orientation, color, creed, national origin, 148
or political affiliation. The Union shall share equally with Management the responsibility for 149
applying this provision of the Agreement. Management agrees not to interfere with the rights of 150
employees to become members of the Union, and there shall be no discrimination, interference, 151
restraint, or coercion by Management or any Management representative against any employee 152
of Union membership. The Union recognizes its responsibility as bargaining agent and agrees to 153
represent all employees within the bargaining unit, without discrimination, interference, restraint, 154
or coercion, whether or not they belong to the Union. 155
156
157
158
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ARTICLE 5 - HOURS OF WORK AND OVERTIME 159
Section 1. Regular Hours. 160
The normal work week for full-time employees in the appropriate unit shall be forty (40) hours in 161
a regularly recurring period of one hundred sixty-eight (168) hours in the form of seven (7) 162
consecutive twenty-four (24) hour periods. The normal workday for full-time employees in the 163
appropriate unit shall be eight (8) consecutive hours within a twenty-four (24) hour period, in five 164
(5) consecutive days or ten (10) consecutive hours within a twenty-four (24) hour period in four 165
(4) consecutive days. All employees shall be assigned to a regular work shift and each work shift 166
shall have a regular starting and quitting time as assigned by management. 167
The normal work hours shall be from 7:30 am to 4:00 pm which includes a paid fifteen (15) break 168
in the morning and in the afternoon and a one-half (1/2) hour unpaid lunch break. Management 169
will have the authority to include 4/10 work shifts where they see fit. Supervisors may allow earlier 170
shifts due to extreme weather conditions. The parties agree to discuss alternative work shifts at 171
the first labor/management session. 172
Section 2. Work Schedules. 173
A. Work schedules are defined as an employee's assigned hours, days of the week, days off and 174
shift rotations. All work schedules showing the employee's shifts, workdays, and hours shall 175
be posted on applicable divisional bulletin boards. The Employer shall provide at least thirty 176
(30) calendar days’ written notice to the Union and the affected employees prior to making 177
permanent changes in work schedules. The thirty (30) day requirement may be waived, with 178
notice to the Union, if mutually agreed to by affected employees and management. Employees 179
will not be sent home early for the purpose of avoiding overtime. Work schedules will not 180
require the employee to work split shifts or consecutive shifts, except in emergencies as stated 181
below in Section 3. The Employer shall have the right to temporarily deviate from the normal 182
work schedule and notice of such change shall be posted not less than ten (10) days in 183
advance of the change, except in the event of unforeseen circumstances, or emergencies or 184
in accordance with section 1. 185
B. The normal work day for employees covered under this agreement shall be 7:30 a.m. to 4:00 186
p.m. Monday through Friday and/or as assigned for Saturday and Sunday work at the 187
Wastewater Treatment facilities. 188
C. Custodial staff hours are Monday through Friday 5 PM until 1:30 AM, also a four hour shift on 189
Sunday between the hours of 6 AM and 6 PM for one staff member, which is rotated between 190
the custodial staff. 191
Section 3. Emergencies. 192
When Management has determined that an emergency exists, the Union agrees that the 193
provisions of this Section may be temporarily suspended in order to control the situation which 194
has caused the emergency. Emergencies may include but not be limited to: Unscheduled 195
Personnel Shortages, Natural Disasters, and Terrorist Acts. 196
Section 4. Overtime. 197
Overtime - Overtime shall be paid at time and one-half (1 ½) times the employees rate of pay 198
Overtime shall be paid for all hours worked over 40 in a work week. The work week shall begin 199
on Monday 12:00 a.m. through Sunday at 11:59 p.m. All compensable hours shall be considered 200
as time worked. There shall be no pyramiding of overtime. 201
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202
ARTICLE 6 - DISCIPLINE & DISCHARGE 203
Section 1. Progressive Discipline. 204
The City reserves the right to, with just cause, discharge, suspend or otherwise discipline 205
employees for violations of City and/or departmental rules and regulations. All disciplinary and 206
corrective actions shall be subject to the provisions of the grievance procedure contained in this 207
Agreement. The seriousness of an offense will often vary with the circumstances prevailing at the 208
time of the occurrence which prompted the offense. Related and mitigating factors shall be 209
considered when determining the appropriate action to be taken. The disciplinary process 210
involves four steps of progressive discipline for infractions of a similar nature and which are of a 211
nature not serious enough to constitute just cause for suspension or discharge. When disciplinary 212
action or other corrective measures are warranted for just cause, they may include the following 213
but may not necessarily be initiated in this order depending on the seriousness of the infraction. 214
The progressive steps are: 215
First Offense - Memo of Record - Verbal Warning 216
Second Offense - Written Warning 217
Third Offense - Suspension 218
Fourth Offense -Termination 219
Section 2. Procedure. 220
The progressive disciplinary system listed above is intended to serve as warning to the employee 221
that he/she needs to improve in the listed area and that repeated incidents may result in 222
suspension or termination. The steps of progressive discipline are intended as a guideline for the 223
application of discipline but the City may apply any level of discipline commensurate with the 224
seriousness of the offense committed. Whenever appropriate, employees shall be referred to the 225
Employee Assistance Program for assistance in dealing with outside influences that are affecting 226
their job performance. Compliance with City, Department and Division rules are necessary for 227
safe and efficient operations and to maintain sound relationships with employees. 228
A. Disciplinary actions not considered serious enough for suspension or termination shall 229
be removed from an employee's file on completion of eighteen (18) months of 230
continuous service free from additional disciplinary actions for violations of a similar 231
nature. An employee may file a written request with the Director of Human Resources 232
for the removal of disciplinary actions serious enough to warrant a suspension after 233
two years (2) of continuous service free from additional violations of a similar nature. 234
The Director of Human Resources shall consider the overall work record of the 235
employee and the seriousness of the offense for which the employee was suspended 236
in any determination relative to the removal of such disciplinary actions. When the 237
suspension is removed from the personnel file it cannot be used for discipline in the 238
future. The removal of all disciplinary actions shall comply with all state and local 239
retention law(s) in regards to the removal of said documents from City files. All items 240
removed from the employee's personnel file shall be given to the employee. Union 241
representatives may assist employees in this process, provided Management retains 242
the authority to remove items from an employee's personnel file without such request. 243
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B. The City shall have the right to discipline employees up to and including termination 244
for just cause; provided, however, that all actions to terminate employees shall require 245
the approval of the City Manager. The City may place the employee to be terminated 246
on administrative leave with pay pending the resolution of an appeal filed under the 247
provisions of Article 7 of this Agreement. 248
Section 3. Representation for Disciplinary Proceedings. 249
An employee may request and shall be permitted to have a representative from the Union present 250
if a bargaining unit member is to receive a corrective or disciplinary action or the member is to be 251
questioned about a matter and the member reasonably believes that such questioning may result 252
in a disciplinary or corrective action. 253
For the purpose of this Article, "Representative" shall mean an officially designated Union steward 254
or AFSCME Staff Representative. Except in an extreme emergency, Employees will be notified 255
forty-eight (48) hours prior to any meeting that may result in disciplinary or corrective action being 256
taken or any time a member is to be questioned for the purpose of disciplinary or corrective action. 257
At the time of notification the employee will be informed of the nature of the meeting. Where an 258
employee seeks Union representation at the meeting, the employee is responsible for contacting 259
a steward. The employee may voluntarily choose to waive both the forty-eight (48) hour wait time 260
before the meeting and accompaniment by a Union representative, but only after being advised 261
of the right to each and signing a written understanding that will be kept on file to that effect. 262
All disciplinary actions shall be administered as promptly as possible. The selection of a 263
representative will be at the discretion of the employee receiving the disciplinary action as long 264
as the representative will be available within 48 hours. If not then the employee will be limited to 265
the most readily available steward. A union steward/representative shall be allowed to participate 266
in the disciplinary process and will be in pay status only if the representative is on duty and within 267
his/her normal work hours. The City shall schedule all investigative or disciplinary meetings at a 268
time so as not to deny the employee representation and the employee shall be considered in pay 269
status for any and all such meetings called by the City. 270
ARTICLE 7 - GRIEVANCE PROCEDURE 271
Section 1. Definitions. 272
A. Grievance shall be defined as any matter(s) involving an alleged violation, 273
misinterpretation, or misapplication of this Agreement or of a traditional work practice. 274
Such matter(s) shall be exclusively resolved in accordance with the procedure herein 275
provided. 276
B. Grievant shall be defined as the party filing the grievance. For purposes of this 277
Agreement, the party may be an aggrieved employee or Union acting on behalf of an 278
aggrieved employee/employees. 279
C. Days shall be defined as working days commencing with the day following the filing 280
of the grievance. 281
D. Department Head shall be defined as the director of a department. 282
E. Immediate Supervisor shall be defined as the individual responsible for the 283
performance evaluation of the employee. 284
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Section 2. Employee Representation. 285
The Washington State Council of County and City Employees Council 2, AFSCME, Local 3045 286
shall be the exclusive representative of all the employees in the bargaining unit for the purposes 287
of the resolution of grievances. Except as provided in Article 7, Section 5-A, Step 7, below, an 288
employee may have a union steward present to represent him/her at any step of the grievance 289
process if the employee so desires, with the exception of a suspension or discharge at which time 290
the AFSCME Staff Representative shall be present. 291
Section 3. Failure to Respond. 292
In the event the grieving party fails to respond within the prescribed time sequences, the matter 293
shall be considered resolved on the basis of management's last determination. In the event 294
management does not respond within prescribed time sequences, the grievant shall have the 295
right to proceed to the next step of the grievance procedure. The parties may, at any step of the 296
grievance procedure, agree to extend the time limitations specified in this article. Any request and 297
agreement to extend time limitations by either party shall be made in writing and signed by both 298
parties after reaching agreement. E-mail requests and agreements would also be considered 299
sufficient. 300
Section 4. Grievance Forms. 301
All grievances shall be filed on a form to be provided by the Union. Incomplete forms shall be 302
returned to the grieving employee for completion. Forms so returned shall be considered as timely 303
filed, if the form would have otherwise been timely and the form is returned to the proper 304
management representative within twenty-four (24) hours of rejection. 305
Section 5. Procedure. 306
The City and the Union agree to the following exclusive procedure of presenting and adjusting 307
grievances and complaints, as defined above, which must be processed in accordance with the 308
following steps, time limits and conditions: 309
A. STEPS: 310
STEP 1: The aggrieved employee who believes that a violation, as set forth above, has 311
occurred shall first, within seven (7) working days of the incident giving rise to the 312
"grievance" or within seven (7) working days of first having knowledge of the incident, 313
informally discuss the "grievance" with the employee's immediate 314
supervisor/manager who shall note a meeting occurred in writing and provide to the 315
grievant. 316
317
STEP 2: In the event the grievant and Union believe that the solution offered by his/her 318
immediate supervisor does not resolve the "grievance," the grievant may, within 319
seven (7) working days, reduce the matter to writing for presentation to the 320
immediate supervisor/manager. Once the immediate supervisor has received the c 321
form he/she will sign and date the form, indicating receipt, and the employee shall 322
be given a copy of the signed and dated form. The supervisor shall have seven (7) 323
working days in which to investigate the matter, prepare a written response and 324
provide the response to the grievant by hand delivering the response to the grievant 325
or by placing a copy in the U.S. Postal Service certified mail addressed to the 326
grievant and simultaneously providing a copy to the Union. 327
328
STEP 3: In the event the grievant and Union believe that the written response provided by the 329
supervisor as specified in Step Two, does not resolve the matter, the grievant may, 330
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within seven (7) working days of receipt of the written response, file his/her grievance 331
with the Division Head. The Manager after accepting the grievance will sign and date 332
the form, indicating receipt, and the employee shall be given a copy of the signed 333
and dated form. The Manager shall have seven (7) working days to investigate the 334
matter and provide a written response to the grievant. Written responses shall be 335
delivered in the manner as described in Step Two of this procedure. (This procedure 336
must be followed up the chain of command until the grievance is addressed by the 337
department head). 338
339
STEP 4: In the event the grievant and Union believe that the written response of the 340
department head does not resolve the matter, the grievant may, within seven (7) 341
working days of receipt of the response, file his/her grievance with the Department 342
Director. The Director will sign and date the grievance form, indicating receipt, and 343
the employee shall be given a copy of the signed and dated form. The Director shall 344
investigate, shall, unless sustaining the grievance, conduct an informal hearing 345
giving all parties an opportunity to express their positions and shall, within seven (7) 346
working days, deliver a written resolution as provided in Step Two of this procedure. 347
348
STEP 5: In the event the grievant believes that the written response of the Department 349
Director does not resolve the matter, the grievant may, within seven (7) working days 350
of receipt of the response, file his/her grievance with the City Manager. The City 351
Manager shall investigate, unless sustaining the grievance, conduct an informal 352
hearing giving all parties an opportunity to express their positions and shall, within 353
seven working (7) days, deliver a written resolution as provided in Step Two of this 354
procedure. 355
356
STEP 6: In the event the grievant and Union believe that the written response of the City 357
Manager does not resolve the matter, the union may within seven (7) working days 358
send grievance matter to the Union Grievance Committee to determine if the 359
grievance will proceed to Step 7 Arbitration. 360
361
STEP 7: The Notice of Intent to arbitrate shall be in writing and shall be filed with the City 362
Manager. 363
364
A. The Director of Human Resources shall, within ten (10) working days of receipt 365
of the notice of intent to arbitrate, request a roster of seven (7) arbitrators from the 366
Public Employment Relations Commission (PERC). The Director shall notify the 367
Union of the request. If the Union does not receive notice of the Director of Human 368
Resources' request, the Union may request a roster of seven (7) arbitrators from 369
the Public Employment Relations Commission (PERC). The request shall state that 370
the roster will consist of regional arbitrators. The Arbitrator shall be selected by 371
process of elimination from the panel of seven (7) Arbitrators by the striking of 372
names. 373
374
B. The costs associated with fees and expenses of the arbitrator shall be shared 375
equally by the parties. 376
377
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C. The arbitrator shall conduct a hearing into the grievance at a time, place and 378
date mutually agreed on by the appropriate parties. In the event the parties cannot, 379
within fifteen (15) working days of the notification of the arbitrator, agree on a time, 380
place and date for the hearing, the arbitrator shall issue a notice of hearing listing 381
the time, place and date for the hearing. 382
383
D. The arbitrator, after hearing all evidence and testimony, shall render a decision 384
as promptly as possible, and in any event within sixty (60) days from the date of 385
presentation, if possible. The Arbitrator shall have jurisdiction and authority only to 386
interpret, apply or determine compliance with the specific terms of the Agreement 387
and shall not have jurisdiction to add to, detract from, or alter in any way the 388
provisions of this Agreement. Such order shall indicate findings, conclusions and a 389
resolution and shall grant the relief deemed appropriate by the arbitrator. Any 390
decisions within the jurisdiction of the Arbitrator shall be final and binding upon the 391
parties. 392
Expedited Grievance Procedure. In the event of a termination, the grievant or the Union 393
may pass Step 1, 2 and 3 and file the grievance directly with the City Manager as 394
indicated in Step 5. All arbitration procedures shall be taken in accordance with the 395
provisions of Step 7 of this Section. 396
Section 6. Investigation of Grievance(s). 397
No more than two employees of the City (the aggrieved employee(s) and/or the Union 398
representative(s) shall be granted on-duty time off, with pay to investigate grievances and to 399
facilitate conferences and discussions with City supervisors and/or administrators relating to the 400
resolution of a specific grievance. Said time shall be limited to two (2) hours per week for the two 401
(2) employees. 402
Section 7. Grievance Meetings. 403
All parties shall be afforded an equal opportunity to present facts or arguments pertaining to the 404
matter(s) under consideration in all meetings conducted under the auspices of this procedure. 405
ARTICLE 8 - SENIORITY 406
Section 1. Definition. 407
The City shall give full consideration to seniority in all matters relating to promotions, transfers, 408
demotions, reductions in force, layoffs, recall, vacations, and any other action so specified in this 409
Agreement. Seniority shall be applied according to the provisions of this Agreement. In the case 410
of promotions, seniority shall only be considered when the qualifications of competing employees 411
are equal. Qualifications are defined as; knowledge, skills, and abilities (KSA’s). Seniority shall 412
mean an employee's continuous length of uninterrupted service within the City of Moses Lake 413
from the last date of hire. Seniority shall be defined in each of the following categories: 414
A. City Seniority: The total length of uninterrupted service following initial date of hire with 415
the City. 416
B. Division Seniority: The total length of uninterrupted service following the date of 417
assignment to the specific division where the employee is currently employed. 418
C. Classification Seniority: The total length of uninterrupted service following the date of 419
assignment to a specific job classification within a specific division of the City. 420
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Employees shall accrue seniority for time spent on involuntary Military Leave or leave 421
as a result of an on-the-job injury or as provided elsewhere in this Agreement. 422
Section 2. Loss of Seniority. 423
An employee's seniority accumulation shall cease if the employee: 424
A. Is discharged for just cause (unless reversed through the grievance or other legal 425
procedure; 426
B. Retires 427
C. Quits or resigns 428
D. Is laid off. (Only for the period of Layoff if recalled) 429
430
Section 4. Seniority of an Initial Hire Probationary Employee. 431
An initial probationary employee shall have no seniority until the completion of the probationary 432
period. On the successful completion of the initial probationary period the employee will accrue 433
seniority from the date of hire. 434
ARTICLE 9 - PROBATIONARY STATUS 435
Section 1. Purpose. 436
Probation is an integral part of the selection/screening process and shall be utilized for closely 437
observing the performance of the employee, for informing the employee of his/her ability to 438
perform the duties/tasks/responsibilities of the position and for replacing or reassigning an 439
employee whose performance does not meet the required performance standards. 440
Section 2. Initial Probation. 441
Initial probationary period shall mean the probationary period served by an employee on a new 442
hire with the City. The initial probationary period shall be twelve (12) months in duration, except 443
that such probationary period may be extended for up to a maximum of three (3) months at the 444
written request of a division and department head and obtaining the approval of the Director of 445
Human Resources and City Manager for performance related issues. During the initial 446
probationary period the new hire shall not be permitted to bid on other positions outside of their 447
department/division until after their probation is completed. Upon the successful completion of 448
their initial probationary periods, regardless of when that occurs during the contract term and 449
whether or not step increases have otherwise been generally authorized for City employees, new 450
hires shall be moved from Entry Level to Step 1 of the applicable pay matrix. 451
Section 3. Interim Probationary Period. 452
Interim probation shall mean a probationary period for promotion, reallocation, voluntary transfer, 453
or demotion. The probationary period shall be up to twelve (12) and not less than six (6) months 454
in duration but may be extended up to an additional six (6) months with the approval Human 455
Resources Director and City Manager. 456
Section 4. Performance Evaluations During Initial and Interim Probationary Period. 457
Employees shall receive an oral evaluation of their performance at the midpoint of their initial or 458
interim probation. The employee shall then be provided with a written evaluation just prior to the 459
completion of the overall evaluation period. The evaluation of performance shall be based on 460
standards established by the employee and City as those standards relate to the major duties 461
and responsibilities as listed on the position description. 462
Section 5. Removal During Probationary Period. 463
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A. Initial: A department head with approval of the City Manager may remove an employee from a 464
position at any time and for any reason during the initial probationary period. An employee failing 465
to successfully complete his/her initial probationary period shall be considered to be "terminated" 466
for just cause. 467
B. Promotion, Transfer, or Reallocation: An employee who does not successfully complete an 468
interim probationary period resulting from a promotion, voluntary transfer, or reallocation shall be 469
returned to their former position or the employee may be placed in a comparable position within 470
the division where they were formerly employed if such a vacant comparable position exists and 471
the employee meets the minimum qualifications of the position being moved into, provided that 472
the position remains vacant at the time the employee is determined not able to complete the 473
probationary period. The City shall provide written reasons to the employee stating the basis for 474
the failure of the employee to successfully complete the probationary period. The written reasons 475
shall be provided to the employee at the time the employee is notified of his/her failure to complete 476
the probation. If the former position of the employee has been filled, the employee may be placed 477
in a comparable position within the division where they were formerly employed if such a vacant 478
comparable position exists and the employee meets the minimum qualifications of the position 479
being moved into. 480
C. Demotion: An employee who does not successfully complete an interim probationary period 481
resulting from a demotion may be terminated from City employment for just cause. 482
Section 6. Rights of Employee During Probationary Period. 483
Initial: The employee may not use the grievance procedure for failure to make initial probationary 484
period. 485
ARTICLE 10 - REDUCTIONS IN FORCE 486
Section 1. Reduction in Force: Lay Off. 487
A. General. A Reduction in Force is defined as a reduction in the work force due to a shortage of 488
funds, lack of work, abolishment of a position, or other material change in duties or 489
organizational structure. All reductions in force shall be considered to be short term reductions 490
until the employee is returned to duty or all provisions of this Article are exhausted. The 491
provisions of this Article are intended to protect a benefit eligible employee's tenure and 492
benefits. 493
B. Order of Separation. 494
1. Management shall first develop a reduction in force plan which outlines the area(s) that will be 495
impacted by the reduction in force and the number of positions that will be impacted in each 496
job classification in the designated operational area(s). The area may be a department or 497
division as determined by management. Order of separation will be within the area designated 498
to be impacted by the reduction in force. 499
2. The order of lay-off for benefit-eligible employees will occur in the inverse order of their 500
seniority in the classification within the designated area(s). 501
3. An employee who has been laid off shall have his/her name entered on a recall list at the time 502
of lay-off and shall remain on the list for a period of three (3) years unless the employee 503
chooses to waive the right to recall. 504
C. Required Notice. 505
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Employees who are to be laid off shall be given formal written notice at least thirty (30) days in 506
advance of the date of the layoff or at the option of the employer, they shall be given four(4) 507
weeks of salary in lieu of the required notice. The Union shall be given a copy of the layoff 508
notice. 509
D. Layoff Options. 510
The City and the Union shall bargain alternatives to layoffs to any anticipated layoff of 511
employees. The City and the Union may then enter into an agreement to minimize the effect 512
of general layoffs. 513
E. Bumping. Bumping may occur at the time the employer notifies an employee of his/her 514
pending lay-off. Bumping will only occur within the bargaining unit. An employee shall notify 515
the City within fourteen (14) days of receiving the lay-off notice of his/her desire to exercise 516
bumping rights. Bumping rights may be exercised by an employee or employees into: 517
1. A previously held position. 518
2. Another position that he/she is qualified to perform the duties of; 519
3. A lower level position if they have the seniority in that classification; 520
4. Any bumped employee shall also have the right to bump into any previously held or 521
lower level position if they have the seniority and qualifications in that classification. 522
5. In case of a tie in seniority total City of Moses Lake seniority years of service within the 523
City, Division and Classification shall prevail. Any challenges will be adjudicated 524
through the grievance procedure. 525
F. Recall. 526
1. An employee who has been laid off and whose name appears on the recall list shall be given 527
the first available vacancy in the same or similar position the employee last held regardless of 528
the department in which the vacancy exists. The employee with the most City seniority in the 529
classification to be recalled shall be given the position in the event there are two or more 530
employees on the recall list. 531
2. An employee's name may be removed from the recall eligibility list for any of the following 532
reasons: 533
a. Expiration. If the time limit for recall expires. 534
b. Waiver. An employee may elect to waive the right to recall by signing a waiver form 535
provided by the City. 536
c. Forfeiture. Employees forfeit the right to recall if they: 537
(1) Refuse a job in a position that is within the same pay grade of their position at the time 538
of lay off: 539
(2) Fail to notify the City of their intent to accept recall within five working days (5) of work 540
notice; 541
(3) Fail to answer written inquiries from the City's Department of Human Resources; or; 542
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(4) Fail to advise the City of a change of address and/or telephone number within a 543
reasonable period of time of the change. 544
G. Reinstatement 545
1. Wages. When an employee is recalled he/she shall be paid at the pay grade assigned 546
to the classification into which the position falls and at the step the employee had 547
attained at the time of lay-off plus any wage adjustments specific to the bargaining 548
unit agreement to which they would have been entitled had the lay-off not occurred. 549
If recalled to a lower position, employees shall receive compensation at the pay grade 550
for the classification into which the position falls and at the step which the employee 551
had attained prior to the lay-off. 552
2. Benefits 553
a. Vacation. When employees on lay-off are recalled within the time limits provided in 554
this Article, they will commence to accrue vacation at the same level from the day 555
of the lay off and shall be credited with any vacation time not paid at the time of 556
layoff. 557
b. Sick Leave. Any sick leave accumulated and not utilized at the time of lay off will 558
be reinstated at the time of recall. 559
c. Seniority. Employees shall be credited with seniority earned prior to the layoff. 560
H. Employee Benefits During Lay Off 561
1. Vacation Time. An employee on lay off may elect to be paid for any vacation and/or 562
compensatory time which the employee accrued prior to the layoff, or the employee 563
may choose to "bank" his/her vacation and/or compensatory time until the employee 564
is recalled or the employee otherwise notifies the City of the decision to receive pay 565
for the accrued hours. An employee shall be paid for accrued vacation and/or 566
compensatory time at the base rate of pay of the employee at the time of lay-off. 567
Vacation time does not accrue during the separation. 568
2. Group Insurance. An employee who is laid off may elect to continue group insurance 569
for eighteen (18) months under the Consolidated Omnibus Reconciliation Act 570
(COBRA). Timely payment of premiums will be the responsibility of the employee. 571
3. Other Benefits. Additional benefits (holiday, health coverage, retirement contribution 572
or other insurance) will neither accrue nor be paid while an employee is laid off. 573
I. Grievance. 574
Lay off and demotions necessitated by the conditions listed in this Article shall not be 575
subject to grievance except to contest the order of separation among affected employees. 576
577
578
Section 2. Severance Pay. 579
A. General. The purpose of the severance pay is to provide temporary relief to employees who 580
have been laid off or to employees whose job has been eliminated through reallocation or 581
reorganization. Severance pay shall be paid as follows: 582
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1. On a weekly basis following each week of lay-off until the employee has exhausted 583
the number of weeks of severance to which he/she is entitled pursuant to the 584
schedule in Paragraph B of this Section; or 585
2. An employee voluntarily waives the right to recall, as described in (F)(2b) 586
B. Severance Pay. 587
1. Eligibility. Severance pay set forth herein is available only to employees who meet all of 588
the following eligibility requirements: 589
a. Employee's position has been eliminated pursuant to the provisions of this Article, 590
Section 1 or 2, and the employee has waived the right to recall; 591
b. Employee has been employed with the City for one or more continuous years; 592
c. Employee is not continuing to work for the City in a position of equal or greater job 593
classification; and 594
d. Employee has executed an agreement and complete release of all claims against 595
the City. 596
2. Amount. 597
a. Eligible employees shall be eligible to receive severance pay at the rate of one (1) 598
week of salary for every year of service, pro-rated to the nearest month, but in no 599
case less than four (4) weeks salary and in no case more than twenty-six (26) 600
weeks salary. 601
b. Eligible employees hired prior to January 1, 2011, shall be eligible to receive 602
severance pay according to the following schedule: 603
Length of Service Separation Pay 604
-0- Less than 1 Year -0- 605
1 Year – Less than 10 Years One (1) week’s salary for 606
each complete year of 607
service, as of the date of 608
separation 609
Over 10 Years Two (2) weeks’ salary for 610
each complete year of 611
service, as of the date of 612
separation 613
However, in no case shall severance pay exceed one (1) year's salary. 614
Severance pay shall be calculated using the employee's regular base 615
hourly wage and shall not include any premium payments for overtime, 616
longevity or other specialty pay. 617
ARTICLE 11 - ABSENCE FROM DUTY 618
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Section 1. Definitions 619
1. For purposes of this Article, "family member" means a child (whether biological, adoptive, 620 foster, step-child, or child for whom employee stands in loco parentis, is a legal guardian 621 for, or is a de facto parent and regardless of age or dependency status), spouse, registered 622 domestic partner, parent (whether biological, adoptive, in-law, de facto, step-parent, legal 623 guardian or person who stood in loco parentis to employee when employee was a child), 624 parent-in-law, grandparent, grandchild, sibling, or other person for whom the employee 625 has caretaker responsibility. 626
2. “Health condition that requires treatment or supervision” of a family member shall include: 627
a. Any medical condition requiring medication that the child cannot self-medicate; 628 b. Any medical or mental health condition which would endanger the child's safety or 629
recovery without the presence of a parent or guardian; or 630
c. Any condition warranting preventive health care such as physical, dental, optical or 631 immunization services, when a parent must be present to authorize and when sick 632
leave may otherwise be used for the employee's preventive health care. 633
d. Any illness, accident or injury 634 e. Washington family care act 635
3. “Serious health condition” is a health condition that involves: 636
a. Inpatient treatment (i.e., an overnight stay); 637 b. Resulting in a period of incapacity or treatment or recovery following inpatient care; 638
c. Involving continuing treatment under the care of a health care services provider that 639 includes any period of incapacity to work or attend to regular daily activities; or 640 d. Involving an emergency. 641 e. Washington Family care act 642
643
4. “Retirement”- an employee who retires from service and is eligible to receive retirement 644
benefits through the Department of Retirement Systems (DRS). 645
Section 2. Leave of Absence With Pay. 646
All benefit eligible employees may request and may be granted by the supervisor for the use of a 647
leave of absence with pay by utilizing sick or vacation leave or compensatory time in accordance 648
with the appropriate section as provided in this Article. 649
Section 3. Leave of Absence Without Pay. 650
A. Leave Agreement. A leave agreement must be completed on a leave agreement form 651
provided by Human Resources Department. 652
B. Eligibility. All benefit eligible employees may request the use of a leave of absence without 653
pay. An employee in an unpaid leave of absence status will not accrue additional sick 654
leave, vacation time or holidays during the period of absence. 655
C. Hours Available. Eligible employees may request and may receive the number of hours 656
necessary for the purpose of the leave requested as a leave without pay. 657
D. Acceptable Use. A leave of absence without pay may be granted for leaves of the following 658
nature: 659
1. Medical Leave - Employees shall be granted up to twelve (12) weeks of family and 660
medical leave during any twelve (12) month period to eligible employees, in 661
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accordance with the Family and Medical Leave Act of 1993 (FMLA) and the 662
Washington Refer to the Family and Medical Leave Policy. Pregnancy disability 663
leave is also granted for the period of time that a woman is temporarily sick or 664
disabled because of pregnancy or childbirth. Refer to the 665
Maternity/Parental/Family Leave Policy. 666
2. Non-Medical Leave - In the event that the absence would not cause undue 667
disruption to the delivery of City services or otherwise be adverse to the City’s best 668
interests, an unpaid leave of absence may be granted for a period not to exceed 669
ninety (90) calendar days. Such leave may be granted at the City’s sole discretion, 670
and may be used for personal or family situations after all other accrued leave has 671
been exhausted; provided, sick leave accruals may not be used for non-medical 672
leaves of absence. Reasons for non-medical leaves may include extended 673
vacation, education, training or childcare.; or 674
3. Other valid reasons as determined by the Human Resources Director and approved 675
by the City Manager. 676
E. Procedure for Requesting Medical and Non-Medical leave as described above. 677
1. Eligible employees may obtain a leave agreement from the Human Resources 678
Department. 679
2. Leave agreements must be completed in full, signed by the employee, obtain the 680
required signed authorizations, and returned to the Human Resources Department. 681
3. Leave agreements for medical reasons must be accompanied by a signed 682
statement from the attending physician with the anticipated length of the leave. 683
4. Leave agreements for reasons other than medical purposes must be accompanied 684
by a statement of the anticipated length of the leave, a clear and concise statement 685
of the purpose for the leave and the Human Resources Director may require proof 686
of the need for enrollment in the employee's participation in a program or other 687
purpose for which the leave is requested. 688
5. All requests for a leave of absence without pay must receive approval by the City 689
Manager prior to the requested leave, provided however, that a leave for 690
emergency medical purposes must be made by the employee or a representative 691
thereof within twenty-four (24) hours of the commencement of the leave. 692
F. Conditions Necessary For Approval. 693
Approval shall be contingent on the concurrence of the City Medical Advisor when 694
appropriate and shall require the concurrence of the department head, the Human 695
Resources Director, and City Manager. 696
697
G. Special Conditions. 698
1. A leave of absence without pay shall be required in all instances when an employee 699
is unavailable for work unless the employee utilizes accrued sick or vacation leave, 700
or compensatory time, whichever is appropriate. 701
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2. A inappropriate use of leave shall be considered as unauthorized leave and may be 702
subject to the appropriate disciplinary action up to and including termination. 703
Absences without approval of three (3) or more consecutive days where no 704
communication with their supervisor or department director regarding the reason 705
for their absence has occurred, shall be considered job abandonment and shall be 706
considered a resignation, except in cases of unforeseen medical emergencies or 707
accidents. 708
3. Any employee who is on a leave of absence without pay, over thirty days shall: 709
a. Pay all, (both employer and employee share), health and other insurance 710
premiums (provisions for a FMLA may vary); 711
b. Not have time spent on a leave credited toward retirement or for seniority 712
purposes; and 713
c. An employee in an unpaid leave of absence status will not accrue additional 714
sick leave, vacation time or holidays during the period of absence. 715
H. Return to Work. Employees shall return to work on the date and at the time specified 716
in the leave agreement. On completion of a leave of absence the employee shall be 717
returned to the position held immediately prior to the leave. Employees who fail to return 718
to work on the date specified without receiving an extension in advance may, as a 719
forfeiture of their right to the position, be subject to termination. 720
I. Thirty Day Grace Period. Seniority for purposes of salary, promotions, vacation accrual 721
rate, etc., shall not be affected for the first thirty (30) days of unpaid leave. Thereafter, 722
the employee’s anniversary date will be adjusted to reflect the period of leave without 723
pay. 724
Section 4. Sick Leave. 725
A. Eligibility. All benefit eligible employees are eligible for sick leave benefits. Employees 726
must be performing assigned duties or on authorized paid leave in order to be eligible 727
to accrue sick leave. 728
B. Accrual Rate and Balance. 729
Sick leave will accrue at the rate of eight (8) hours per month (3.70 per pay period) 730
upon employment with the City in full-time, regular-status positions up to a maximum 731
of 1040 hours, then employees may continue to accrue sick leave at the rate of one (1) 732
hour of leave per 40 hours worked in accordance with state statute. 733
Sick leave accrual will be prorated for part-time employees based on the number of 734
hours worked. The accrual rate will be equivalent to 1 hour for every 40 hours worked. 735
A balance of up to 40 hours of unused sick leave may be carried over each year. Sick 736
leave accrued may not be used during the first 90 days of employment. 737
C. Payment. Employees who wish to receive compensation for sick leave shall notify their 738
supervisor of their illnesses prior to the start of their assigned shifts, except in extreme 739
extenuating circumstances where personal condition of health or family emergency 740
does not permit, or prior to leaving the work site. Requests for sick leave usage 741
submitted more than two (2) working days after the employee returns to work may not 742
be honored and claims submitted following termination of employment may not be 743
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honored. Sick leave shall be available as it is accrued including during the initial 744
probationary period, but it shall not be allowed in advance of accrual. 745
D. Acceptable Use. Sick leave may only be utilized by an employee in order to be 746
compensated for absences during an employee's regular or normal work schedule 747
under the following circumstances: 748
1. Sick leave may be allowed in minimum one quarter-hour increments when an 749
employee is unable to perform duties due to personal sickness or injury, the illness 750
or injury of an immediate family member which is defined in Article 10 Definitions 751
listed above, or the need for medical, dental or other routine, diagnostic or remedial 752
treatment by the employee or immediate family member. 753
2. Sick leave may be utilized if an employee is exposed to a contagious disease or 754
whose injury may endanger or jeopardize the attendance or welfare of other 755
employees; or the lawful use of prescription or over-the-counter medication 756
impairing an employee’s job performance or safety. 757
758
3. A physician’s statement may be required after three (3) consecutive days 759
absence. 760
4. Employees who are utilizing sick, vacation or other paid leave as a supplement to 761
temporary total worker's compensation in order to receive a full pay check shall 762
accrue sick leave at the appropriate rate as set forth above for the maximum 763
number of hours for which the employee was hired to work; provided that the 764
amount of pay for the supplemental paid leave and pay from worker's compensation 765
total to an amount of pay equal to the employee's regular or normal pay. 766
5. Non-Emergency Situations. Non-emergency situations shall be defined as those 767
instances when an employee has occasion to schedule dental or medical 768
appointments, etc., as a matter of no urgency and no hardship will result if the 769
employee waits several days before the appointment. An example is the annual 770
physical examination. When the employee schedules a medical or dental 771
appointments, they shall notify their supervisor as soon as the time of the 772
appointment is known. 773
E. Abuse of Sick Leave. 774
1. Any use or requested use of sick leave for purposes other than those specified in 775
this Article or usage which establishes a consistent or continual unavailability for 776
work shall be considered abuse of sick leave pursuant to the procedures contained 777
in paragraph 2 below. 778
2. Employees who establish a pattern which gives the appearance of leave abuse or 779
who are suspected of sick leave abuse shall be referred by their supervisor to the 780
Department of Human Resources for review and possible referral to the City 781
Medical Advisor for consultation. The City Human Resources Director or the 782
Medical Advisor may require an employee to provide a statement from a medical 783
doctor showing: 784
a. The date the employee was treated; 785
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b. A statement indicating the extent or seriousness of the illness or injury was 786
serious enough to prevent the employee from being available for work; 787
c. Date(s) the employee was unable to work because of the illness or injury; 788
and 789
d. Date the employee may return to work to assume full duties. 790
3. Failure to provide the medical statement as required above may result in 791
disciplinary action which may include termination, provided however, that the 792
City's Medical Advisor, for good cause shown, may waive the doctor's statement. 793
For the purpose of this section the doctor's statement must be from a medical 794
doctor. 795
G. Inter-departmental and Intra-departmental Transfer. An employee who is transferred, 796
promoted, demoted or otherwise reassigned shall be entitled to retain accrued sick 797
leave. 798
H. Sick Leave Payout: For employees hired after January 1, 2016, payout for regular full-799
time employee’s retirement from service with the city, he or she shall be paid for unused 800
sick leave on the basis of one-third of total accumulated sick leave. Unless provided by 801
an employment agreement, terminations for any reason other than retirement shall not 802
result in payment for any unused sick leave to a maximum of four hundred and eighty 803
(480) hours. 804
1. Full-time employees hired prior to January 1, 2016, the payout shall be as follows: 805
a. 30 or more years of continuous service - One hundred percent (100%) of 806
accumulated sick leave, to a maximum of four hundred and eighty (480) 807
hours. 808
b. 20 or more years of continuous service – seventy-five percent (75%) of 809
accumulated sick leave, to a maximum of four hundred and eighty (480) 810
hours. 811
c. 10 or more years of continuous service – fifty percent (50%) of accumulated 812
sick leave, to a maximum of four hundred and eighty (480) hours. 813
d. 5 or more years of continuous service – twenty-five percent (25%) of 814
accumulated sick leave, to a maximum of four hundred and eighty (480) 815
hours. 816
e. 0 through 5 years of continuous service – 10 percent (10%) of accumulated 817
sick leave, to a maximum of four hundred and eighty (480) hours. 818
I. Non-City Employment Injury and Use of Leaves. Any City employee injured while in the 819
formal employment of an employer other than the City shall reimburse the City for any 820
losses sustained by the City through payment of sick leave benefits or other paid leave 821
usage, provided the other employer is insured, and further provided a Worker's 822
Compensation settlement is consummated between the employee and the other 823
employer. The amount reimbursed shall not exceed the amount of leave paid by the 824
City. 825
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J. Paid and Unpaid Leave Required by State or Federal Law. All employee leave 826
required by State or Federal law (such as FMLA, Family Care Act, Paid Family Leave, 827
etc.) shall be complied with by the City. 828
829
The City provides employees with family and medical leave, pregnancy disability leave, 830
and other paid or unpaid leave when expressly required by local, state, or federal law 831
which includes the following; 832
Family and Medical Leave (29 USC § 2601 et seq. and RCW 49.78). 833
Family Care Act Leave (RCW 49.12.265). 834
Pregnancy Disability Leave (RCW 49.60). 835
Leave for Victims of Domestic Violence, Sexual Assault, and Stalking (RCW 49.76). 836
Leave for Spouses of Deployed Military Personnel (RCW 49.77). 837
Military Leave of Public Employees (RCW 38.40.060). 838
Unpaid Religious Leave (RCW 1.16.050(3)). 839
Leave for Certain Emergency Services Personnel (RCW 49.12.460). 840
Section 5. Bereavement Leave. 841
1. With the department director's/manager’s and/or supervisor's approval, union 842
personnel may be granted up to three (3) days leave with pay to assist with funeral 843
arrangements and attend funeral services for immediate family members. When 844
funeral attendance requires travel by commercial air transportation due to the distant 845
location of the funeral, the employee must make a request and obtain approval for an 846
extension of leave by the supervisor, the department director/manager, and final 847
approval by the City Manager. The request for an extension must state the number of 848
days needed and include the date of return to work. An employee must use their leave 849
accruals (vacation, sick, or compensatory time) for the extension. If the employee does 850
not have any leave accruals he or she must request leave without pay. Bereavement 851
leave is not considered sick leave or vacation leave. 852
853
2. Leave with pay may be granted to City employees required to attend funerals as a 854
matter of protocol. Prior approval must be granted by the City Manager before leave 855
may be taken. The request for leave shall contain the names of all employees who 856
are to attend, including their expected period of absence. 857
858
3. Only full-time regular-status employees are eligible for bereavement leave. 859
860
4. An employee shall return to work on their next regularly scheduled work day following 861
the use of bereavement leave at the date agreed upon by the department head and 862
the employee or if the employee does not secure approval for the use of additional 863
accrued leave, shall be placed on unauthorized leave and shall be subject to all 864
disciplinary actions associated therewith. 865
866
Section 6. Annual Leave. 867
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A. Definitions. 868
1. Employee: For purposes of this provision, employees include all regular-status and 869
probationary employees. Probationary employees, in their original appointment with the City, 870
accrue vacation during the probationary/trial service period. Temporary employees generally 871
are not eligible for paid vacation time (see Temporary and Non-Benefit Employment Policy). 872
2. Calendar Year: For the purpose of this provision, a year shall be the 12-month calendar period 873
from January 1 through the last pay period in December. 874
3. Separation: For the purposes of this provision, a separation is the voluntary or involuntary 875
interruption in service of employment from the City where the employee is in an unpaid status 876
and the employer/employee relationship is severed. 877
4. Continuous Service: For the purpose of this provision, continuous service shall mean the 878
uninterrupted employment with the City. 879
B. Accrual Rate. Benefit-eligible employees shall earn vacation by pay periods according to the 880
following chart (prorated in relation to the average number of hours worked per week): 881
882
Table 5.1 883
884
1. Upon completion of the full year of service, annual leave allowance shall accrue up to the 885
maximum accrual cap according to table 5.1. Employees shall be allowed to continue to 886
accrue leave above the maximum accrual cap in a calendar year up to eighty (80) hours; 887
however, any excess hours above the cap must be used by the second pay period in 888
December of the same calendar year. Any hours unused above the maximum accrual 889
cap at that time will be forfeited. The department/division shall in no way be obligated to 890
grant vacation to those employees who fail to schedule vacation throughout the year, and 891
request it all in December. 892
2. Annual vacation accrual will be prorated for regular-status, part-time employee based on 893
the number of hours worked. 894
3. Service credit for vacation accrual purposes shall be based upon the total length of 895
continuous service with the City. 896
4. Employees who are hired during the first half of the month (1st through the 15th) will accrue 897
vacation for that month. Employees who are hired in the second half of the month (16th to 898
the end of the month) will earn vacation accrual the following month. 899
5. Employees who leave employment during the first half of the month (1st through the 15th) 900
will not accrue vacation for the month. Employees who leave employment in the second 901
half of the month (16th to the end of the month) will earn vacation accrual for the month, 902
provided they have not reached the maximum hours of vacation accrual for their years of 903
service as listed in Table 5.1. 904
6. While annual leave may be carried over from one year to the next, no employee will be 905
allowed to accumulate more hours than allowed for their years of service as listed in Table 906
5.1. 907
Year of Service Hours Per
Pay Period
Annual Hours
Earned
Days Earned
Annually
Maximum
Hours Cap
0 thru 5 3.70 96 12 192.4
6 thru 10 4.61 120 15 230.72
11 thru 15 5.53 144 18 287.56
16 thru 20 6.46 167 21 335.92
Over 20 7.38 192 24 383.76
Moses Lake Council Packet 3-24-20, Page 162 of 182
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7. At the time of a voluntary separation or retirement no employee shall receive a cash 908
amount in excess of the maximum accrual cap allowed to the employee in Table 5.1. All 909
hours accrued above the maximum cap shall be forfeited. The cash value of the accrued 910
vacation shall be equal to the hours in the employee’s vacation balance, or the applicable 911
limit, times their base hourly rate as it exists at the time of separation. 912
8. Employees do not accrue vacation leave benefits during a leave without pay. 913
914
C. Procedures for Requesting Vacation Leave. 915
1. All vacation shall be mutually agreed upon between the employee and the immediate 916
Supervisor. The employee should make a written request to his/her supervisor. The 917
request needs to be submitted with as much notice as possible and must be mutually 918
agreed upon. The City is not obligated to grant vacation requests when they are 919
submitted but it will make every effort to grant the request if doing such will not disrupt 920
the operation or services of the division. 921
2. Vacation leave may be allowed in minimum one quarter-hour increments. 922
3. Approval of vacation requests shall be at the immediate supervisor’s discretion based on 923
division’s best interests and operational needs. Vacation request shall not be unduly 924
denied. 925
4. Once approval of vacation has been obtained, the employee should indicate the approved 926
vacation dates on his/her time sheet and attach the leave request form. 927
5. Directors/Managers are responsible for signing off on all leave requests for their 928
department. 929
930
D. Tracking of Vacation Hours. 931
Each employee shall be responsible for tracking his/her individual vacation accrual. The 932
individual accrual information may be obtained from the employee’s pay notice. Further 933
information may be obtained from supervisors or payroll if available. 934
935
Section 7. Holiday Leave. 936
The following holidays will be paid to all regular-status City employees in a regular-pay status the 937
day before and the day after the holiday. Employees hired from January through June shall 938
receive the 2 floating holidays for use that year. Those hired from July through November shall 939
receive one floating holiday for use that year. 940
Part-time employees, scheduled to work less than forty (40) hours in the workweek, shall receive 941
holiday pay on a prorated basis, when a holiday falls on their normally scheduled work day. 942
Temporary and other non-benefit employees are not entitled to holiday benefits. 943
New Year's Day: 1st day of January 944
President's Day: 3rd Monday in February 945
Memorial Day: Last Monday in May 946
Independence Day: 4th day of July 947
Labor Day: 1st Monday in September 948
Veteran's Day: 11th day of November 949
Thanksgiving Day: 4th Thursday in November 950
Day after Thanksgiving: Day immediately following Thanksgiving 951
Christmas Day: 25th day of December 952
Floating Holiday(s): 2 paid holidays per calendar year 953
Moses Lake Council Packet 3-24-20, Page 163 of 182
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In addition to the above listed holidays, regular full-time employees are eligible for two floating 954
holidays to be mutually agreed upon, and any other day that is proclaimed a legal holiday by the 955
Governor of the State of Washington, or holiday time off granted to the City Council. Employees 956
who are scheduled to work on a holiday granted by the City shall be entitled to receive such 957
approved time off with pay; provided, however, if they are required to continue working during a 958
period for which the City have granted a general holiday, they shall be entitled to receive two 959
times (2X) their regular rate of pay for such time period worked. Regular full-time employees 960
required to work on a holiday shall receive holiday pay eight (8) hours or ten (10) hours, or, 961
depending on their assigned schedule - at the employee's regular hourly rate, plus one and one-962
half (1 1/2) times the regular straight time rate for all hours actually worked on the holiday. 963
Compensatory time of twelve (12) hours, for an eight (8) hour day, or fifteen (15) hours in a ten 964
(10) hour day, may be granted in lieu of overtime pay. The City cannot change an employee’s 965
work schedule to avoid holiday pay. Employees shall not be required to remain at work longer 966
than it required to complete the needed work. All departments shall have two (2) employees on 967
duty for safety reasons as necessary. 968
When the holiday falls on regular full-time employee’s day off, the employee shall be entitled to 969
the preceding or following day off. On a four-ten (4/10) work shift when the holiday falls on the 970
second or third day off, the employee will be entitled to the following day off or another day agreed 971
to by the supervisor and the employee, which day must be taken within ninety (90) calendar days 972
provided, however, that such day off must be taken within the budget year in which the holiday 973
falls. Holidays occurring at the beginning, during or at the end of a period of leave with pay are 974
not charged as leave. 975
Religious Holiday. Under Washington law all employees are entitled to up to two unpaid holidays 976
per calendar year for “a reason of faith or conscience or an organized activity conducted under 977
the auspices of a religious denomination, church, or religious holiday.” Partial days off will count 978
as a full day toward your yearly allotment. 979
The two unpaid holidays allowed by this section must be taken during the calendar year, if at all; 980
they do not carry over from one year to the next. 981
If you seek to take an unpaid day off under this law, you must submit a Request for Leave of 982
Absence form to your Department Director, at least two weeks in advance. The form must include: 983
the date you are requesting off listed on the “other” row, you must also include a sufficient 984
description of the reason for the leave in the box provided, so that your Department Director can 985
determine if it is an allowable request. 986
Section 8. Jury Duty. 987 A leave of absence shall be granted to those regular-status employees who are called for jury 988
duty or those compelled to attend court for any work-related reason. Those employees who are 989
subpoenaed as witnesses for cases in which they are not a party in the action will also be granted 990
a leave of absence. 991
Eligible employees will be compensated by the City of Moses Lake during their period of jury 992
service, or when appearing at the direction of the City. In this case, all funds received by the 993
Employee, either being a witness or being a juror shall be immediately remitted to the City. 994
Mileage payments paid by the court for use of a personal vehicle are exempt from the refund 995
requirements. 996
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26
Employees who are required to appear in court for personal matters are not eligible for jury duty 997
as paid time away from work and must request vacation or compensatory time. If vacation or 998
compensatory time is not available or the employee does not have sufficient hours, then leave 999
without pay must be requested prior to the scheduled court appearance. 1000
Employees are expected to return to work during lapses or recesses in court appearances that 1001
are greater than four (4) hours unless specifically informed by their supervisor that they need not 1002
return to work during this time. 1003
ARTICLE 12 - Wages 1004
Section 1. Wages. 1005
Employees pay rates shall increase 3% prior to being placed on the Salary Scale. Upon 1006
ratification of the contract employees will be paid a signing bonus of $1500. 1007
1008
Wage study/Wage Table – Employees will be placed on the new salary grid attached, and then 1009
move through the grid annually until reaching the top of their range. New hires will not receive a 1010
step increase until they finish their probation. They will again receive a step increase at the start 1011
of the year, (January) to get them on the annual cycle of step increases. Example: An employee 1012
is hired in June of 2020, he/she is on 12 months of probation so he/she won’t get a step 1013
increase until June of 2021 but then would get another step in January of 2021. Once the 1014
employee reaches the top step of the range (Step R) pay increases will be based on annual 1015
cost of living increases. 1016
1017
Section 2. Pay Rates. 1018
A. Overtime - Overtime shall be compensated at time and one-half (1 ½) times the employees 1019
rate of pay for all hours worked in excess of 40 hours in the work week as prescribed by the FLSA. 1020
The work week shall begin on Monday 12:00 a.m. through Sunday at 11:59 p.m. All compensable 1021
hours shall be considered as time worked. There shall be no pyramiding of overtime. 1022
B. Compensatory Time - Employees may elect to receive compensatory time at the applicable 1023
overtime rate for any overtime hours worked. Employees may carry a maximum of eighty (80) 1024
hours of compensatory time over from year to year. Compensatory time above eighty (80) hours 1025
must be used or converted to wages by the first payday in December. The conversion to wages 1026
is limited to 40 hours. The decision to take compensatory time off is that of the employee, with 1027
the approval of the supervisor. 1028
C. Standby Time Standby is defined as a period of time, outside of an employee’s regular 1029
scheduled duty time, when the employee is officially notified of the possible recall to work. Standby 1030
time shall be paid at the rate of one and one-half (1.5) hours per day plus an additional forty five 1031
($45.00) per day for Saturday and Sunday. Standby shall be the period of time an employee is 1032
either required to stand by at a given location for a specific time period or “be available” for calls 1033
during non-scheduled work hours ready to respond to duty. Employee’s activities will be severely 1034
restricted. All departments shall have two (2) employees on duty for safety reasons as necessary. 1035
D. Distribution of Overtime - It is intended that overtime be distributed reasonably and equally 1036
between employees in each classification consistent with considerations of qualifications, 1037
availability, and location. 1038
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E. Call Out Pay - Any employee called back to work outside his/her regular shift shall receive a 1039
minimum of two (2) hours pay at the overtime rate for such call out to work. Employees shall not 1040
be called out on equipment or utilities that they are not qualified to operate or repair. The call-out 1041
pay shall be compensated from the time of the call until the employee returns to their previous 1042
location. 1043
F. Pay Rate Upon Promotion - An employee who is promoted into a higher classification within 1044
the bargaining unit shall be paid at the step in the pay range of the new classification that 1045
represents at least their current rate of pay plus one (1) step or a minimum of five percent (5%) 1046
whichever is greater. The date of promotion becomes their new anniversary date. 1047
G. Pay Rate Upon Transfer – An employee who transfers from one position to another within the 1048
same class or from one position in a different class that has the same pay range shall continue to 1049
receive the same rate of pay as before the transfer. 1050
H. Out of Class Pay – Employees who temporarily works at a higher level classification shall be 1051
paid at step A of the higher grade with a minimum of five percent (5%) above the employees 1052
current rate of pay. Employees must work a minimum of three (3) consecutive full-time regularly 1053
scheduled work hours in the higher classification performing a majority of duties to receive out-1054
of-class pay. If the employee works more than the three (3) days he/she shall be paid retroactive 1055
to the beginning of day one (1). 1056
I. Pay Day - The pay day shall be every two (2) weeks or twenty six pay periods per year on 1057
Friday. 1058
Section 3. Travel Expense and Compensation. 1059
A Mileage reimbursement for travel which are lawfully incurred shall be reimbursed in 1060
accordance with the FLSA at forty-eight cents ($0.48) per mile if an employee must use and has 1061
been provided written authorization by management to use their private vehicle for City related 1062
business. All travel time during the employees regular work hours to training or any other City 1063
business shall be considered as time worked. The City shall attempt to schedule all training on 1064
regular workdays during regular work hours unless it’s only available on weekends. When 1065
weekend training is necessary it shall be considered as overtime for hours worked above the 1066
forty (40) hours in the work week or upon agreement between employee and the supervisor, the 1067
employee may take another day off at the employee’s choice within the pay period. The 1068
supervisor and the employee may agree otherwise on a case by basis. 1069
B. Receipts. Expenses pre-authorized by management such as hotel, auto rental, air travel, 1070
etc. that are incurred for attending conferences or training must be supported by receipts either 1071
before or upon return from said trip. C. Family Members. Whenever an employee travels 1072
with members of their families, the reimbursable lodging rate shall be the single room rate. Any 1073
additional room charges above normal room charges will be the employees responsibility. D.1074
Training Reimbursement - Reimbursement shall be available for all required trainings 1075
and classes. The City shall pay the cost for all required training, continuing education units, and 1076
expenses to maintain classifications. 1077
Section 4. Classification/Pay Grades/Unit Placement. 1078
1079
A. Establishment of New Job Classifications. The City and the Union herein agree that the 1080
City may, from time to time, establish new job classifications consisting of duties similar to those 1081
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28
currently being performed by bargaining unit members or create a new level of classification within 1082
an existing classification which is currently placed within the appropriate bargaining unit. In such 1083
an event the City shall notify the Union of the intent to take the action and shall then meet with 1084
the Union representatives to determine compensation levels for the new "classification". Any new 1085
classification and determined pay grade shall automatically be included within the bargaining unit. 1086
1087
B. Unit Placement of Newly Created Job Classifications. The City agrees to submit a listing 1088
to the Union of any classification created by the City after the effective date of the Agreement for 1089
consideration of bargaining unit placement. The listing shall include job or position descriptions 1090
and classification specifications. The Union shall be granted a period of thirty (30) days from 1091
receipt of the proposed classification in which the Union may notify the City of its belief that such 1092
classification should appropriately be placed within the established bargaining unit governed by 1093
this Agreement. The parties shall meet to seek agreement of the placement of the classification 1094
within the Unit. Any dispute concerning placement of a new classification within the established 1095
Unit shall be submitted to the Public Employees Relation Commission (PERC). Nothing in this 1096
section shall be construed as a prohibition to filling the position during the dispute resolution 1097
procedure undertaken by PERC; provided the thirty (30) day period as set forth above has passed. 1098
1099
ARTICLE 13 - Miscellaneous Benefits 1100
Section 1. Clothing and Protective Equipment. 1101
All Protective clothing and equipment shall be furnished to the employee by the Employer. A listing 1102
of such protective clothing and equipment shall be as provided, such as below as prescribed 1103
below, but not limited to. 1104
A. Protective Clothing and Equipment 1105
1. Gloves. Suitable gloves for the type of work being done shall be furnished by the 1106
Employer and shall be worn by employees. 1107
2. Head protection. Hard hats shall be worn by all employees when the operations 1108
are in an area where there may be danger from falling objects or injury to the head 1109
can occur. 1110
3. Footwear. Safety toe shoes are required for all employees who may be exposed 1111
to falling objects or in an environment where injury to the feet can occur. Rubber 1112
footwear is recommended for employees working in wet areas. 1113
A. Boot Allowance. Employees shall be eligible for a one hundred and fifty dollar 1114
($150) per year for boot allowance, with one year carry over. The employee must 1115
provide receipt(s). 1116
4. Protective Clothing. The Employer shall furnish other types of protective equipment 1117
such as goggles, face shields, respirators, earplugs, and other such items as 1118
needed to protect the employee's well-being in a job requirement. It shall be the 1119
responsibility of the employee to have their protective equipment with them prior 1120
to leaving to the jobsite. The employee will not proceed until he/she is adequately 1121
protected. Where required and authorized, protective equipment will be furnished 1122
by the city and worn by the employee. 1123
Section 2. Insurance Benefits. 1124
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The City will provide medical, dental, and vision insurance for each employee who received 1125
compensation for eighty (80) hours or more in the previous month and for their qualified 1126
dependents. The City will provide medical insurance with coverage AWC HealthFirst 250, Delta 1127
Dental Plan E, and Vision Insurance with Vision Services Plan (VSP) The employees will 1128
contribute fifteen percent (15%) of the medical premium for the spouse and dependents, and ten 1129
percent (10%) of the dental premium for employee, spouse, and dependents. 1130
ARTICLE 14-VACANCIES 1131
Section 1. Filling of Vacancies. 1132
A. Notice of bargaining unit vacancies shall be posted on bulletin boards in every division for a 1133
period of at least seven (7) working days and such jobs will not be filled until the seven working 1134
days (7) days have expired. Such notice shall state the division, position, classification, shift, 1135
work location, assignments, minimum qualifications, and pay rate for the job. Vacancies within 1136
the bargaining unit shall be filled by promotion whenever possible; provided however that 1137
demotions and lateral transfer within the bargaining unit shall take precedent over promotions. 1138
1139
B. Any qualified non-probationary bargaining unit employee may apply for a vacancy within the 1140
bargaining unit. Qualifications and seniority will be used in determining which employee will 1141
be selected to fill a vacant position. Determinations as to the qualifications shall be reasonably 1142
determined by management. The selection may be based on the following: 1143
1. Employee possesses the physical and other qualifications to perform the essential 1144
position responsibilities with or without reasonable accommodations. 1145
2. Employee does not have written level or above discipline for availability for work issues. 1146
1147
C. The position shall be awarded to the most qualified employee. When two or more employees 1148
possess substantially equal qualifications, departmental seniority shall determine which 1149
employee is selected for the vacancy. City seniority shall be used in the event the employees 1150
have equal departmental seniority. Hiring from outside the bargaining unit shall occur only 1151
when it is determined that no qualified/interested applicants exist within the bargaining unit. 1152
1153
Section 2. Promotions. 1154
A. For the purposes of this section, promotion shall be defined as the advancement of an 1155
employee from their current position in a classification to a vacated or newly created position 1156
in another classification with a higher pay grade. All benefit eligible (non-probationary) 1157
employees shall be eligible for promotions to a higher classification for which they are 1158
qualified. An employee who is serving a special 520 hour probationary period or is at the 1159
suspension level of discipline shall not be eligible to apply for a promotion. Under these 1160
circumstances eligibility to apply for a promotion shall not be acquired until the special 1161
probationary period has been successfully completed or for a period of five hundred twenty 1162
(520) hours after the suspension has been served. (Note: the 520 hour probation is when an 1163
employee is placed on a Performance Improvement Plan for the opportunity to improve in the 1164
areas identified by the Supervisor.) 1165
1166
Section 3. Demotions. 1167
A. Voluntary 1168
1. In the event an employee is unable to perform the work assigned to their current 1169
classification because of injuries or physical limitations, but are able to do the work of a 1170
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30
lower rated classification, and provided that reasonable accommodations cannot be 1171
made for the employee; 1172
2. In the event an employee requests reassignment to an available vacancy, if not 1173
inconsistent with the contractual rights of another employee and when approved by the 1174
City. 1175
1176
ARTICLE 15 - GENERAL PROVISIONS 1177
Section 1. Commercial Driver’s License (CDL). 1178
A. It is important to take steps necessary to ensure that its employees perform their duties and 1179
responsibilities free of the influence of drugs, alcohol, and other controlled substances. 1180
Employees are encouraged to seek confidential counseling on problems associated with alcohol 1181
and drug abuse through the Employee Assistance Program. There will be mandatory drug and 1182
alcohol testing for employees and job applicants under the circumstances outlined in this 1183
provision. 1184
B. The purpose of this provision is to establish compliance with state and federal laws requiring 1185
drug and alcohol testing for Commercial Driver's License holders. Regulations issued by the 1186
United States Department of Transportation mandate urine drug and evidential breath alcohol 1187
testing for employees in safety-sensitive positions, including those who are required to hold a 1188
Commercial Driver's License. This provision sets forth requirements of the City of Moses Lake 1189
alcohol and drug testing program and the testing and reporting requirements as required by those 1190
state and federal regulations in which the Union and City agree to abide by and uphold. 1191
(Reference: RCW 46.25, CFR Part 40 Title 49, HR 2.31, et al.) 1192
1193
C. Confidential and Record Retention. All records related to drug and alcohol testing will be 1194
maintained in a secure location with controlled access. These records will be kept separate from 1195
records pertaining to all other employees. 1196
D. Random Testing. Employees covered by this provision will be subject to random, 1197
unannounced alcohol and drug testing. 1198
E. Reasonable Suspicion Testing. Employees subject to this provision shall submit to a drug 1199
and/or alcohol test when the City reasonably suspects that this provision (except the prohibitions 1200
against possession, transfer or sale of alcohol) may have been or is presently being violated. A 1201
referral for testing will be based on contemporaneous, articulable observations (specific, current 1202
observations concerning appearance, behavior, speech and/or body odors of the employee). 1203
Such referrals will be made by supervisory personnel who have received training concerning the 1204
signs and symptoms of drug and alcohol use. The employee shall be entitled to Union 1205
representation prior to be tested. 1206
F. Refusal To Take An Alcohol or Drug Test. No employee shall refuse to submit to an alcohol 1207
or drug test as directed under this provision. A refusal to submit shall include, but is not limited 1208
to: 1209
a. A failure to provide adequate breath for testing without a valid medical explanation after 1210
the employee has received notice of the requirement for breath testing in accordance with 1211
the procedures manual; 1212
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b. failure to provide adequate urine for drug testing without a valid medical explanation after 1213
the employee has received notice of the requirement for urine testing in accordance with 1214
the procedures manual; 1215
c. engaging in conduct that obstructs the testing process. 1216
Refusal to submit to a test shall be considered the same as a positive test result. 1217
G. Positive Drug Test. An employee may not report for duty or remain on duty requiring the 1218
performance of duties covered under this provision if the employee tests positive for a controlled 1219
substance or alcohol. 1220
H. Follow-up Testing. An employee who is referred for assistance related to alcohol misuse 1221
and/or use of drugs is subject to unannounced follow-up testing for a period not to exceed 1222
60 months as directed by a Substance Abuse Professional and the City. The number and 1223
frequency of follow-up testing will be determined by the Substance Abuse Professional (SAP) 1224
and the City, but will not be less than six tests in the first 12 months following the employee's 1225
return to driving duty. The employee must also comply and remain in compliance with any and 1226
all SAP prescribed/recommended rehabilitation and/or treatment programs. 1227
I. Post-Accident Testing. Following an accident involving a commercial vehicle, the driver is 1228
required to submit to alcohol and drug tests when the driver receives a citation under state or 1229
local law for a moving traffic violation, or where a fatality occurs as a result of the accident. 1230
Testing should occur as soon as possible, but may not exceed eight hours after the accident for 1231
alcohol testing and 32 hours after the accident for drug testing. 1232
A driver who is subject to post-accident testing must remain readily available for such testing and 1233
may not take any action to interfere with testing or the results of testing. Drivers who do not 1234
comply with post-accident testing requirements will be considered to have refused to submit to 1235
testing and will be subject to sanctions for refusal to test. 1236
Refusal to Submit a Required Post-Accident Test. An employee may not refuse to submit to a 1237
post-accident, random, reasonable suspicion, or follow-up alcohol or drug test as directed by this 1238
provision. Failure to do so shall be considered the same as a positive test result. 1239
Section 2. CDL Expenses and Training. 1240
A. CDL Reimbursement’s. The City will pay for all CDL training, certification, and driver’s license 1241
renewal costs. The City will also provide paid time for employees to attend training sessions for 1242
the safe operation of CDL vehicles. The City will pay up to $115 for all required CDL physicals 1243
which must be performed by a DOT certified doctor. The employee will provide a receipt for 1244
reimbursement. Section 2 of this provision shall not apply to employees that have lost their CDL 1245
through non-compliance with state and federal laws requiring drug and alcohol testing for 1246
Commercial Driver's License holders. 1247
B. Disqualifying Medical Conditions. If an employee has a medical condition (e.g. sleep apnea) 1248
rendering him/her unfit to hold a CDL, the City will proceed with the reasonable accommodation 1249
analysis as required by state and federal law. As part of this analysis, an employee may be 1250
required to seek medical treatment and follow the guidance of a medical professional. The use 1251
of medical marijuana does not count as a qualifying medical condition. 1252
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32
C. CDL Suspensions. Employees who have their CDL suspended due to a driving infraction will 1253
be evaluated on a case-by-case basis. Under normal circumstances, employees will be given 1254
one (1) year to reinstate their CDL, so long as the City is able to accommodate the employee 1255
with available alternative duties. Failure to comply with the prescribed time period shall be 1256
cause for termination. Nothing in this section prevents the City from taking disciplinary action 1257
against an employee for a CDL suspension if supported by “just cause,” in accordance with the 1258
discipline article of this Agreement. If an employee required to hold a CDL as a minimum job 1259
qualification is rendered permanently unfit to hold a CDL based on a medical condition 1260
substantiated to the City, the City agrees to accommodate the employee without demotion or 1261
reduction in pay, provided however, that the City other employees to perform the CDL work. 1262
Section 3. Personnel Records. 1263
A. Definition. The term personnel record, as used in this Article, shall mean the records and/or 1264
files related to an employee's job with the City, which are maintained in the official personnel 1265
file at the Human Resources Department. 1266
B. Access to Personnel Records. It is agreed that individual personnel records and files shall be 1267
considered confidential and the property of the City. It is also agreed that such official personnel 1268
records and files or information contained therein are not available to the general public except 1269
upon the written consent of the affected employee and are subject to restrictions and or release 1270
set forth by the open records act. The City Manager, City Attorney, and Human Resources 1271
staff may request and shall be granted access to any personnel records. A department head 1272
may make a request to the Human Resources Department to be granted access to the 1273
personnel file of the employee within the department. Employees may review their personnel 1274
records by providing notification to the Human Resources Department requesting a date and 1275
time for the review. Employee review will occur during working hours, and the file shall not 1276
leave the premises. The following provisions shall apply regarding an employee's access to 1277
their official personnel record. 1278
1. Each employee shall be allowed to inspect and make copies of their personnel records. 1279
A written request to do so shall be directed to the Human Resources Department who 1280
will schedule a time for inspection that is convenient for both the employee and the 1281
Human Resources Department. 1282
2. A Union representative may, if the employee wishes, accompany the employee when 1283
reviewing their personnel record. Alternatively an individual employee may authorize a 1284
Union representative to review and/or copy his/her file. Such authorization shall be in 1285
writing, identifying the Union representative authorized to review and/or copy said 1286
record(s) and be provided to the Human Resources Department prior to the desired time 1287
of review or copying of said record(s). 1288
C. Removal and Deletion of Information from Record(s). An employee, after inspecting their 1289
personnel file, may submit a written request to the Human Resources Department to remove 1290
material(s) from the file in the event he/she believes the material(s) to be irrelevant, 1291
inaccurate, or obsolete. All disciplinary actions shall be removed after two (2) years if there’s 1292
no repeat of that offence. The Human Resources Director shall either remove the material(s) 1293
or inform the employee why the material(s) should remain in the file. If the employee is not 1294
satisfied with the decision, the employee shall be permitted to place a written statement of 1295
disagreement in the file. 1296
Section 4. References 1297
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A. The City shall not give references, other than to confirm the dates of employment 1298
and last salary, without the express written consent of the employee, unless 1299
Federal or State law provides otherwise. 1300
B. Only the HR Director or the designee will provide employment references on 1301
current or former City employees. 1302
Section 5. Personnel Policies. 1303
All employees of the Bargaining Unit, in addition to being governed by this Agreement, shall also 1304
be subject to any personnel policies of the Employer having general applicability to all employees 1305
of the Employer, and any subsequent personnel policies, rules and regulations that may be 1306
promulgated in the future, so long as they do not conflict with this Agreement. In case of conflict, 1307
Federal or State law and this Agreement shall be controlling for employees covered by this 1308
Agreement. The Employer agrees to notify the Union in writing of any proposed new policies, 1309
rules or regulations, or any changes to these policies or procedures. The Union shall notify the 1310
City if they desire to negotiate the impacts of any changed or new policies or procedures. 1311
1312
Section 6. Health and Safety. 1313
A joint Union-Management health and safety committee will be established and meet upon 1314
request of either party. The committee shall consider health and safety matters relating to all 1315
employees within the division. Such committee shall be comprised of two (2) employees from the 1316
bargaining unit selected by the Union and two (2) representatives of the Employer, with one of 1317
those from each side serving as Co-Chairman. Union participants will receive their regular rates 1318
of pay for time spent in the meetings during their regularly scheduled hours of employment, as 1319
approved by the Superintendent. This committee shall have the responsibility for reporting all 1320
health and safety problems to the Superintendent or designee, who may initiate such actions as 1321
necessary to get them corrected. 1322
Section 7. Shared Leave Program. 1323
Employees of the bargaining unit are eligible to participate in the City’s shared leave program. 1324
The program was developed for employees to come to the aid of another city employee. 1325
Employees covered by the Agreement shall be allowed to donate Annual Leave in accordance 1326
with the provisions outlined in the city’s Donation Leave Policy. Bargaining unit employees 1327
donating leave time shall make their request on the Voluntary Shared Leave Donation Form. 1328
ARTICLE 16 - NO STRIKE - NO LOCKOUT 1329
During the term of this Agreement, it is mutually agreed that there shall be no strikes, lockouts, or 1330
other slowdowns or cessation of work by either party. 1331
ARTICLE 17 - SAVINGS CLAUSE 1332
Should any part hereof or any provision herein contained be rendered or declared invalid by 1333
reason of any existing law or subsequently enacted legislation or by any decree of a court of 1334
competent jurisdiction, such invalidation of such part or portion of this Agreement shall not 1335
invalidate the remaining portions hereof provided, however, upon such invalidation the parties 1336
agree immediately to meet and negotiate such parts or provisions affected. 1337
If no agreement is reached prior to the expiration date of this Agreement, the provisions contained 1338
herein shall remain in full force and effect until a new Agreement is ratified by both parties. 1339
Moses Lake Council Packet 3-24-20, Page 172 of 182
34
ARTICLE 18 - TERM OF AGREEMENT 1340
The terms of this agreement shall be in full force and effect on January 1, 2019 and shall remain 1341
in full force and effect through December 31, 2021. 1342
All terms and conditions of the contract will remain in full force and effect throughout the life of 1343
the contract. 1344
ARTICLE 19 - SUPPLEMENTAL AGREEMENT 1345
18.1 This Agreement may be amended, providing both parties concur. Supplemental 1346
Agreements may be completed through negotiations between the parties at any time during the 1347
life of this agreement. Should either party desire to negotiate matter of this kind, it shall notify the 1348
other party in writing of its desire to negotiate. Supplemental Agreements thus completed shall 1349
become a part of the Agreement and subject to all its provisions. 1350
1351
Moses Lake Council Packet 3-24-20, Page 173 of 182
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: March 16, 2020
Proceeding Type: New Business
Subject: Request to Connect to City Water and Sewer-
9120 Space Street NE- Parcel #120903209
Legislative History:
•First Presentation: March 24, 2020
•Second Presentation:
•Requested Action: Motion
Staff Report Summary
Keith and Valerie Coulson request approval to connect to the City’s water and sewer systems to
serve a single family residence on their lot, Parcel #120903209, located at 9120 Space Street NE.
The property is located outside of the current City limits and is inside the UGA as defined in the
most current Grant County Comprehensive Plan. The property is currently developed with a well
to provide water and a gravity type septic system. The proponent stated the septic is failing and
would prefer to connect to City services vs the costs related to repairing the current septic system.
The proponent is requesting to connect to City sewer at this time and would reserve the right to
connect to City water when it became available in the area. The City’s water and sewer systems
have the capacity to serve the lot. If approved, the property owners will be required to sign an
Extra Territorial Agreement (ETA). The ETA must be in place before a permit is issued for connecting
to City services
Background
Gravity sewer is available to serve this lot. Gravity sewer was installed by the City during the
Operations Infrastructure Project 2005. The property is under County jurisdiction, but the property
owner wishes to connect to the City services.
Fiscal and Policy Implications
Per Resolution No. 3717, non-contiguous lands may be permitted to connect if it is impractical for
the property owner to annex with Council approval.
Moses Lake Council Packet 3-24-20, Page 174 of 182
Page 2 of 2
Options
Option Results
• Move to approve the request. The owners will provide an Extra Territorial
Agreement and connect to City water and
sewer.
• Modify the request Action would require staff to bring a revised
document to Council for consideration.
• Take no action
The proponent would not connect to City
utilities and pursue other options to provide
sewer to the property.
Staff Recommendation
Staff recommends City Council to approve to connect to the City water and sewer system. If
approved, the owners will be required to sign an Extra Territorial Agreement before issuing a
permit for the connections.
Attachments
A. Vicinity Map, Written Request
Legal Review N-A
Moses Lake Council Packet 3-24-20, Page 175 of 182
1
Rob Harris
From:VALERIE COULSON <VCOULSON7@msn.com>
Sent:Thursday, March 12, 2020 3:59 PM
To:Rob Harris
Subject:Request to hook up to city utilities.
Caution! This message was sent from outside your organization. Allow sender | Block sender
12 March 2020
To whom it may concern,
Per conversation with Rob Harris about property located at:
9120 SPACE STREET, MOSES LAKE, WA 98837 (Lot 10 of Pomeroy Park)
We Keith and Valerie Coulson, as property owners, request to connect to the city of Moses Lakes adjacent
utilities (Sewer & Water). Property is currently on its own well and septic systems. But due to the septic
systems drain field needing to be redone, we are looking to the future and requesting to be able to hook up to
the city's sewer lines. We can be reached for questions and instructions @
509-765-1063
Keith 509-760-0009
Valerie 509-760-6524
Thanking you in advance for your help.
Keith & Valerie Coulson
Moses Lake Council Packet 3-24-20, Page 176 of 182
Moses Lake Council Packet 3-24-20, Page 177 of 182
STAFF REPORT
To: Allison Williams, City Manager
From: Cindy Jensen, Finance Director
Date: March 19, 2020
Proceeding Type: New Business
Subject: An Ordinance Declaring an Emergency and 1) Temporarily
Suspending Late Fees and Interest on Utility Accounts and
Delaying Termination for Non-Payment; and 2) Temporarily
Suspending Business License Renewals
Legislative History:
•First Presentation: March 24, 2020
•Second Presentation:
•Requested Action: Motion
Staff Report Summary
The attached ordinance is establishing an emergency that will allow us to waive charging interest
and late fees and/or terminating utility service (i.e. turn-off water) on delinquent utility accounts
through the duration of the emergency. This is applicable to all residential customers and
commercial customers with gross receipts of less than $5 million annually (i.e. small businesses).
In addition to the Utility Billing ramifications on small businesses, the Washington State
Department of Licensing requested that we join them in extending business license renewals for
a minimum of two months. The attached ordinance includes that extension as well.
Background
The emergency response to the recent pandemic is having a secondary result of the loss of
income for certain segments of our economy (i.e. restaurants, entertainment, small business,
etc.), and the employees in these industries. We also have a certain amount of our residents
who operate on a cash basis, and with the closing of our lobby, some are having difficulty
physically paying their bill.
The overarching theme of our response to the virus is to slow the spreading of the disease. To
this end, there is also a duty to our residents to focus on the public health and safety aspect of
our operations, and keep water on in all of our households for proper sanitation.
Page 1 of 2 Moses Lake Council Packet 3-24-20, Page 178 of 182
Page 2 of 2
Fiscal and Policy Implications
The utilities may see a slowed cash flow over this time, but we are not proposing to waive the
base utility bills. Late fee charges collected in 2019 were about $98,000 deposited into the
Water/Wastewater fund. If the emergency extends for 6 months, we could lose approximately
$50,000 from this action. Any reductions in Water/Wastewater fund revenue would reduce the
amount of transfer to the capital fund for future system improvements—we would not curtail
current operations.
The Business License extensions are not waivers, and should just result in timing fluctuations for
that revenue.
Options
Option Results
• Move to adopt the ordinance Action would authorize Utility Billing staff to
waive water turnoff for delinquent accounts,
and any related late fees; and extend small
business license renewals.
• Take no action The Governor recommended this action.
Staff Recommendation
Staff recommends that City Council move to pass the attached Ordinance.
Attachments
A. Ordinance
Legal Review
The attached document was provided by legal.
Moses Lake Council Packet 3-24-20, Page 179 of 182
ORDINANCE NO. 2946
AN ORDINANCE OF THE CITY OF MOSES LAKE
TEMPORARILY REMOVING THE CHARGE OF
INTEREST AND LATE FEES ON UTILITY ACCOUNTS;
DELAYING TERMINATION FOR NON-PAYMENT; AND
DECLARING AN EMERGENCY
WHEREAS, the Washington Governor has declared a state of emergency in response to new cases
of COVID-19, and on Monday, March 16, 2020, announced a ban on gatherings and events of
more than 50 people in an effort to contain the coronavirus outbreak; and
WHEREAS, the COVID-19 outbreak presents an extreme risk of person-to-person transmission
of the virus and public health experts advise the best way to prevent a calamitous explosion of
cases is to prevent infected people from coming in close contact with healthy ones; and
WHEREAS, while this practice of social distancing is critical in mitigating the rate of spread of
the COVID-19 virus, it is having significant negative economic effects on the national and regional
economy, in particular small businesses and workers in large sectors of the local economy who
cannot work remotely; and
WHEREAS, the City has several Moses Lake Municipal Code provisions requiring collection of
interest on delinquent utility accounts and termination of services for non-payment; and
WHEREAS, a consistent temporary policy towards relief from the collection of interest on
delinquent accounts and termination of services for non-payment is intended for utility ratepayers;
and
WHEREAS, the State Department of Revenue (DOR) has communicated that businesses are being
negatively impacted by COVID-19 and are experiencing unprecedented economic hardships, and
are reaching out to DOR requesting various forms of relief including extending deadlines for
business license renewals and waivers of penalties for failure to timely renew a business license;
and
WHEREAS, the City has Moses Lake Municipal Code provisions imposing late fees and penalties
on businesses which fail to timely renew their business licenses.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE,
WASHINGTON. DO ORDAIN AS FOLLOWS:
Moses Lake Council Packet 3-24-20, Page 180 of 182
Section 1. Findings. The City Council finds and declares that:
1. Utility bills combined with the public health emergency for novel COVID-19 will inherently have a disproportionate negative impact on low-wage workers, individuals on fixed incomes, non-profit organizations, and small businesses, inhibiting their ability to pay utility bills before their due date.
2. Several sections of the Moses Lake Municipal Code authorize the City to charge interest on delinquent bill balances and to terminate services for non-payment. 3. Temporarily waiving the charging of interest on delinquent bill balances and providing
temporary relief from termination of services for non-payment as soon as possible is
necessary both to help ease the negative impact on low-wage workers, individuals on fixed incomes, non-profit organizations, and small businesses and to reduce the frequency of in-person bill payment during the emergency.
4. Deadlines and penalties for business license renewals in the face of the COVID-19 public
health emergency will inherently have a disproportionate negative impact on small businesses, inhibiting their ability to devote sufficient resources to meet procedural requirements including business license renewals in a timely manner.
5. The Moses Lake Municipal Code authorizes the imposition of penalties for late renewals
and failure to renew business licenses, and requires annual renewal of business licenses in a timely manner. 6. Temporarily extending the time for renewal for those businesses which request such
extensions from DOR through the State Business Licensing Service (BLS) and waiving
applicable penalties is necessary to help ease the negative impact on small businesses during the emergency.
Section 2. Temporary Adoption.
1. Interest Charges and Late Penalties. No new interest charges or late penalties shall be added to utility accounts for residential customers or commercial customers with taxable gross receipts of less than $5 million annually on bills issued for a period of two months from
the time this ordinance takes effect. For any business that requests relief through DOR’s
BLS, the time for business license renewals may be extended for a period of two months from the time this ordinance takes effect and no late penalties shall be added to the renewal fee.
2. Termination of Utility Services. No utility services for residential customers or commercial
customers with taxable gross receipts of less than $5 million annually shall be terminated for non-payment of utility charges for a period of two months from the time this ordinance takes effect. City staff shall endeavor to work with customers to implement payment plans where possible to avoid delinquencies beyond the duration of this Ordinance.
Moses Lake Council Packet 3-24-20, Page 181 of 182
3. To the extent sections of the Moses Lake Municipal Code authorize or require the
collection of interest, late penalties, or termination of services, they are superseded for a
period of two months from the time this ordinance takes effect. Section 3. Effective Date. Based on the findings of fact set forth in Section 1 of this ordinance, the Council finds and declares that this ordinance is a public emergency ordinance, which shall take
effect immediately and is necessary for the protection of the public health, safety, and welfare.
Section 4. Expiration. This ordinance shall expire two months from the date of adoption. PASSED by at least a majority plus one of the City Council of the City of Moses Lake,
Washington, this 24th day of March, 2020.
_________________________________
David Curnel, Mayor
ATTEST:
______________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
______________________________
Katherine L. Kenison, City Attorney
Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins
Aye Nay
Abstain
Absent
Date Published: March 30, 2020
Date Effective: March 24, 2020
Moses Lake Council Packet 3-24-20, Page 182 of 182