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FINAL 2020 1013 Council Agenda PacketMoses Lake City Council David Curnel, Mayor | Daryl Jackson, Deputy Mayor | Mike Riggs, Council Member | Karen Liebrecht, Council Member Don Myers, Council Member | David Eck, Council Member| Dean Hankins, Council Member REMOTE ACCESS ONLY Citizens can join this meeting via phone by calling the numbers listed at the bottom of the agenda or by audio only option https://zoom.us/j/98956158423 Tuesday, October 13, 2020, 6 PM Study Session 6 p.m. Water Sewer Rate Study – Consultant FCS Group Presented by Fred Snoderly, Municipal Services Director/Cindy Jensen, Finance Director Regular Meeting Agenda Call to Order – 7 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Summary Reports: Mayor’s Report -Mental Health Proclamation -Halloween Protocols Under COVID Additional Business City Manager’s Report -Engineering Services Division Director Recruitment -New Hires: Community Development Director Melissa Bethel, Finance: Utility Customer Service Jacqueline Martinez, Accountant John White, and Accounts Payable Stephanie Jacobs -Employee Promotion: HR Assistant Laura Elzig - Love’s Meeting -Chamber Masking Campaign -Budget Summary Moses Lake Council Packet 10-13-20, Page 1 of 113 October 13, 2020, City Council Meeting Page 2 Citizen’s Communications - Citizens who would like to address the Council can submit written comments to the City Clerk no later than 3 p.m. on the day of the meeting. Comments will be provided to Council electronically and recorded in the meeting minutes. Citizens who would like to speak on matters during the meeting will need to contact the City Clerk no later than 3 p.m. on the day of the meeting and provide the name or number you will use to access the virtual meeting. There will be a five-minute limit per speaker. 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 5 a.City Council Meeting Minutes Dated September 22, 2020 b.Claims and Payroll c.Garro Quit Claim Deed and Easement Resolution 3828 d.Accept Bid for Fleet Fuel Procurement e.Additional Homeless Shelter Purchase f.Esri Enterprise Agreement Renewal Old Business #2 pg 94 Council Committee Assignments Resolution 3829 Motion Presented by Allison Williams, City Manager Summary: Council to review and consider adoption New Business #3 pg 99 2946 Rd. F.6 NE Request to Connect Water and Sewer (Gallaway) Motion Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and approve connection with an extra territorial agreement #4 pg 103 Aho Construction Sun Terrace Plat Extension Request Motion Presented by Melissa Bethel, Community Development Director Summary: Council to review and consider authorization #5 pg 107 Update MLMC 10.12 Parking Regulations Ordinance 2957 Motion Presented by: Fred Snoderly, Municipal Services Director Summary: Council to review and consider adoption Moses Lake Council Packet 10-13-20, Page 2 of 113 October 13, 2020, City Council Meeting – Page 3 Administrative Reports - Water Conservation Report - Loop Dr. Nuisance Abatement from 9-30-20 Update - Chambers/Auditorium A-V Upgrade Council Communications and Reports Executive Session - Performance of a Public Employee and Potential Litigation pursuant to RCW 42.30.110(1) subsections (g) and (i) for 30 minutes Adjournment Zoom Meeting – Audio Only When: Oct 13, 2020 06:00 PM Pacific Time (US and Canada) Topic: City Council 10/13 Please click the link below to join the webinar: https://zoom.us/j/98956158423 Or iPhone one-tap : US: +12532158782,,98956158423# or +16699009128,,98956158423# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 669 900 9128 or +1 346 248 7799 or +1 301 715 8592 or +1 312 626 6799 or +1 646 558 8656 Webinar ID: 989 5615 8423 International numbers available: https://zoom.us/u/aft9BcEVI Moses Lake Council Packet 10-13-20, Page 3 of 113 Office of the Mayor City of Moses Lake, WA Proclamation WHEREAS: The United States of America has observed October as National Substance Abuse Prevention Month since 2011, in renewing our resolve to prevent further loss of life and prosperity caused by substance use and to emerge from a national crisis into a future free from substance abuse; and WHEREAS: October 10, 2020, has been established by the World Health Organization as World Mental Health Day, which campaigns for the increased investment in national and international mental health programs due to the anticipation of substantial increase in need of psychosocial support as a result of the global impact by the COVID-19 pandemic; and WHEREAS: 60% of individuals, adolescents included, with substance abuse problems also suffer from a dual diagnosis, which is the presence of a mental health condition such as depression, anxiety, posttraumatic stress, suicidal ideation, or other conditions, along with addiction. Treatment of substance abuse disorders is encouraged to also address mental illness to increase likelihood of successful recovery; and WHEREAS: Addiction to drugs or alcohol is in and of itself considered a mental illness called Substance Use Disorder, which changes a person’s normal desires and priorities, alters behavior and interferes with a the ability to work, go to school, and to have good relationships with friends and family. 20.2 million people in 2014 in the United States suffered from substance use disorder and 7.9 million had both substance use disorder and an additional mental illness; and WHEREAS: Victoria Siegel Foundation notes that each day, 3,600 adolescents try an illicit drug for the first time, and 24.6 million Americans over age 12 have used an illicit drug in the past month, and 67,300 Americans died in 2018 (184 per day) from drug-related overdose including illicit and prescription drugs. The NCADD reports that children who use drugs or alcohol before age 15 are five times more likely to develop alcohol or drug dependence and addiction issues; and WHEREAS: Mental Health America’s B4Stage4 Campaign identifies pre-screening and early intervention of mental health symptoms as an effective and essential strategy for reversing the progression of mental illness and often corresponding substance abuse or self-medication; and WHEREAS: Increasing awareness of the connection between mental health and substance abuse, taking a moment to learn more about addiction and mental wellness during the month of October, can help save lives. NOW, THEREFORE, BE IT RESOLVED that I, David Curnel, Mayor of the City of Moses Lake, do hereby proclaim October as: Mental Health and Substance Abuse Awareness Month in the City of Moses Lake and I call upon all employees and citizens of the City of Moses Lake to observe this month with appropriate recognition whereof. Presented by Mayor SIGNED AND SEALED on this 13th day of October, 2020 Moses Lake Council Packet 10-13-20, Page 4 of 113 MOSES LAKE CITY COUNCIL September 22, 2020 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Curnel via audio only online or telephone meeting access. Special notices for attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Curnel, Deputy Mayor Jackson; Council Members Eck, Riggs, Liebrecht, Myers, and Hankins. PLEDGE OF ALLEGIANCE Council Member Riggs led the Flag Salute. AGENDA APPROVAL Action taken: Deputy Mayor Jackson moved to approve the Agenda as presented, second by Council Member Eck. The motion carried 7 – 0. SUMMARY REPORTS MAYOR’S REPORT Mayor Curnel held a Moment of Silence for Firefighter Andrew Deering. CITY MANAGER’S REPORT New Employees A brief introduction was given of all new hires: Deputy Clerk Jennifer Schober, Planning Permit Technician Michelene Torrey, Housing and Grants Coordinator Taylor Burton, and Accountant Jesus Martinez. Comprehensive Plan – Housing Action Plan Consultants Visit A focus group of downtown and commercial business representatives met with the Consultants last week. Consultants will share the findings in a presentation to Council at the second meeting in October. Stratford Project Municipal Services Director reviewed the C&R Tractor and Landscaping timeline for the Stratford Rd project, in addition to the planned road closures of one lane during the day and both lanes at night. Council consensus was given to the night work for the small section of residential area on the project pursuant to the Community Standards Policy. North Central Regional Library Update City Manager Williams received a report from their Director that they are willing to meet in the next few weeks to discuss modification of the building lease to include maintenance. Moses Lake Council Packet 10-13-20, Page 5 of 113 Homeless Camp The property owner has offered a one-year lease and there are hopes to extend to 18 months to cover two winter seasons. The location is temporary and will be screened to provide a buffer to the adjacent tenants. CONSENT AGENDA #1 a. City Council Meeting Minutes Dated August 25, 2020 and September 8, 2020 b. Claim Checks 149320 through 149459 in the amount of $1,345,137.90; Payroll Checks 63520 through 63532 in the amount of $12,133.54; and Electronic Payments dated September 17, 2020, in the amount of $459,124.38 Action taken: Council Member Eck moved to approve the Consent Agenda as presented, second by Council Member Hankins. The motion carried 7 – 0. PUBLIC HEARING #2 Surplus Penn St Property Resolution 3827 Resolution No. 3745 was adopted in October 2018 to surplus excess City properties known as the Penn Street Operations Complex. The deed following the resolution that was prepared and recorded, included only four of the properties. The adjacent road and alley properties are being presented now with the exchange of a discounted and extended lease for The Learning Center facility as well as a utility easement. Mayor Curnel opened and closed the public hearing at 7:24 p.m. No comments were received. Action taken: Council Member Riggs moved to adopted Resolution 3827 as presented, second by Council Member Eck. The motion carried 7 – 0. OLD BUSINESS #3 Homeless Site Lease Agreement The City has had the opportunity to provide a solution for the homeless situation in the City with the COVID-19 Emergency Shelter funds. The Housing Committee selected a site on E. Broadway that would be modeled after a similar development in Walla Walla, where the site was accompanied by rules of operation and updates to the City’s anticamping ordinances. Dave Albert, Randy Gubler, Edie and Randy Cole, and Ben Sellen expressed concerns to Council during the meeting. CHS Inc, Columbia Basin Real Estate, Columbia Bearing/BDI, and Cost Less Carpet submitted written comments to Council prior to the meeting. Action taken: Council Member Eck moved to authorize execution of the lease agreement, second by Council Member Hankins. The motion carried 6 – 1, Council Member Liebrecht was opposed. NEW BUSINESS #4 Nuisance Abatement Loop Drive Resolution 3825 Code Enforcement Officer Tina Jewell was sworn in and provided testimony regarding the Moses Lake Council Packet 10-13-20, Page 6 of 113 nuisance violations at 712 W Loop Driver, a property owned by Daniel Peters. There was no other testimony and the hearing was closed. Action taken: Deputy Mayor Jackson moved to adopt Resolution 3825 as presented, second by Council Member Eck. The motion carried 7 – 0. #5 Council Committees Assignments City Manager Williams has discussed and recommends the addition of Municipal Services/Community Development, Finance, and Public Safety Council committees to meet during the third week of each month or as needed. Council were to send requests for assignment to the Mayor that will be finalized at the October 13 full Council Meeting with committee meetings staring in November. ADMINISTRATIVE REPORTS Zoom v Teams Remote Meeting Platform Comparison Staff prepared an analysis that was distributed to Council in advance of the meeting. Council concurred to continue with the Zoom platform based on the present software offerings. Grant County Landfill Finance Director Jensen advised that the County Solid Waste Advisory Committee will be proposing a substantial increase in their tipping fees for approval by the Grant County Commissioners. She also provided an update on the yard waste hauling options being researched. COUNCIL COMMUNICATIONS AND REPORTS Council Member Myers advised that Grant Transit Authority is stable, busses are clean, and all is well. Deputy Mayor Jackson requested a water conservation report at the next Council Meeting. Mayor Curnel attended the Grant Integrated Services Open House event for the new mental health services facility. He is very pleased to see the services can now be provided location instead of sending folks out of town. EXECUTIVE SESSION Mayor Curnel called an Executive Session at 8:25 p.m. to be held for 45 minutes pursuant to RCW 42.30.110(1) subsections (b) and (i) to discuss lease acquisition and litigation; and there will be no further business. ADJOURNMENT The regular meeting was adjourned at 9:10 p.m. ______________________________________ David Curnel, Mayor Moses Lake Council Packet 10-13-20, Page 7 of 113 ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 10-13-20, Page 8 of 113 To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Council Meeting Date: October 13, 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 149460 - 149695 $2,091,458.27 Payroll Checks 0063533 - 0063548 $16,431.94 Electronic Payments Payroll ACH –10/2/2020 $451,239.56 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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The City should require the Garros to sign a Municipal Utility Easement as part of the property declared as surplus on the September 22, 2020. Municipal Services is requesting authorization to allow the execution of a Quit Claim Deed for the two Penn Street properties declared as surplus on the September 22, 2020, Council Meeting. Background The City is finalizing the surplus and sale of properties at the Penn Street complex. On the September 22, 2020, Council Meeting, City Council adopted a Resolution to surplus two properties at the Penn Street complex. There are two remaining actions that need to take place to finalize with the Garros. 1. Staff is requesting that the Garros sign a utility easement for existing public utilities that cross the property to serve two other properties beyond. Moses Lake Council Packet 10-13-20, Page 46 of 113 2. Staff has prepared a Quit Claim Deed and is requesting authorization from City Council to allow the execution of a Quit Claim Deed for the two Penn Street properties declared surplus at the September 22, 2020, Council Meeting. Council should consider these requests and surplus this property to complete the transactions at the Penn Street complex. Fiscal and Policy Implications This property will no longer be a responsibility and encumbrance for the City of Moses Lake to operate and maintain as a street that only serves one property owner. The long-term operation and maintenance are a fiscal consideration. Options Option Results • Adopt Resolution 3828 as presented Staff will proceed with recording legal documents for the transactions. • Take no action Property remains in City possession. Staff Recommendation Staff recommends City Council adopt the Resolution accepting the Utility Easement and execution of the Quit Claim Deed. Attachments A. B. C. D. Resolution 3828 Vicinity Map Utility Easement Quit Claim Deed Legal Review N-A Moses Lake Council Packet 10-13-20, Page 47 of 113 RESOLUTION NO. 3828 A RESOLUTION REQUIRING A MUNICIPAL UTILITY EASEMENT AND AUTHORIZING STAFF TO EXECUTE A DEED TO SURPLUS TWO PENN STREET PROPERTIES RECITALS: 1. The City of Moses Lake requests Joe and Lori Garro sign a Municipal Utility Easement for public utilities that cross the Penn Street properties to serve adjacent properties. 2. The City of Moses Lake will execute a Quit Claim Deed to surplus two properties to Joe and Lori Garro. RESOLVED: 1. The City of Moses Lake, Washington, declares that a Municipal Utility Easement will be required to be signed by Joe and Lori Garro along with the execution of a Quit Claim Deed referenced below. 2. The City of Moses Lake, Washington, authorizes staff to execute a Quit Claim Deed to surplus property to Joe and Lori Garro. Adopted by the City Council on October 13, 2020. _______________________________ David Curnel, Mayor ATTEST: __________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 10-13-20, Page 48 of 113 PENN ST. WHEELER ROAD Moses Lake Council Packet 10-13-20, Page 49 of 113 RECORD AND RETURN TO Legal Department City of Moses Lake P.O. Box 1579 Moses Lake, WA 98837 MUNICIPAL EASEMENT For and in consideration of the benefits derived and to be derived by Grantor herein, and other good and valuable consideration, receipt whereof is hereby acknowledged, Grantor, JOE A GARRO and LORI P GARRO, husband and wife, (hereinafter “Grantor”) hereby grants, conveys and warrants to Grantee, the CITY OF MOSES LAKE (hereinafter “Grantee”) in Grant County, Washington, a Washington municipal corporation, its successors and assigns, a perpetual, permanent, nonexclusive easement described in Exhibit “B”, on, under, over, through and across the property described in Exhibit “A” by this reference incorporated herein, for municipal purposes: EXHIBIT A PROPERTY LEGAL DECRIPTIONS (Parcels 1 through 4 per Statutory Warranty Deed, AFN 1400255): Parcel 1: Lot 1, Municipal Tract 2, as per Plat thereof recorded in Volume 8 of Plats, Page 27, records of Grant County, Washington. 11-0048-000 Parcel 2: Lot 5, Commercial Plat, according to the plat thereof recorded in Volume 5 of Plats, page 17, records of Grant County, Washington 09-1184-000 Parcel 3: Lot 6, Commercial Plat, according to the plat thereof recorded in Volume 5 of Plats, page 17, records of Grant County, Washington. 09-1185-000 Parcel 4: That portion of the Southwest quarter of the Southeast quarter of Section 14, Township 19 North, Range 28 East, W.M., Grant County, Washington, described as follows: Beginning at the South quarter corner of said Section 14; thence North 89°48’00”East along the South line of said Section, a distance of 1,319.98 feet to the Southeast corner of said Southwest quarter of the Southeast quarter; thence North 00°24’35” East, a distance of 340 feet to the True Point of Beginning; thence South 89°48’00” West, 273.43 feet to a point on the East line of a tract conveyed to the City of Moses Lake by deed recorded November 2, 1953, under Auditor’s file No. 211699; North 00°20’20” East, 53 feet; thence South 89°48’00” West, 600.69 feet to the Southerly extension of the East line of a tract conveyed to Theodore E. Hulbert, etux, by deed recorded September 21, 1976, under Auditor’s File No. 640180; thence North 00°15’20” West (North 00°12’00” West according to said deed), a distance of 187 feet; thence North 89°48’00”East 876.30 feet to the East line of the Southwest quarter of the Southeast quarter of said Section 14; thence South 00°24’35” West, 240 feet to the true point of beginning. Moses Lake Council Packet 10-13-20, Page 50 of 113 11-0018-000 Parcel 5: A parcel of land described in AFN 211699 as follows: A portion of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section Fourteen (14), Township Nineteen (19) North, Range Twenty-eight (28) E.W.M., Described as follows: From a point on the South Boundary line of said Section 14, 442 feet distant easterly from the south 1/4 Section corner thereof; thence north 00°20’20” East a distance of 340 feet to the true point of beginning; Thence continue on the last above mentioned course a distance of 53 feet; thence easterly parallel to the South boundary line of said Section 14 a distance of 600 feet; thence South 00°20’20” West a distance of 53 feet; thence Westerly parallel to the south boundary line of said Section 14 a distance of 600 feet to the true point of beginning. Parcel 6: A parcel of land described in “Parcel 2”, AFN 1092403 as follows: A parcel of land lying in the Southeast quarter of Section 14, Township 19 North, Range 28, E.W.M., records of Grant County, Washington, described as follows: Beginning at the South quarter corner of said Section 14; thence North 89°48’00” East along the South line of said Section 14, a distance of 425 feet; thence North 00°12’00” West 40 feet to the Southeast corner of Commercial Plat as recorded in Volume 5 of page 17 of Plats, records of Grant County, Washington, which point is the True Point of Beginning; continuing thence North 00°12’00” West 300 feet along the East boundary of said Commercial Plat to the Northeast corner of said Lot 6 of said Commercial Plat; thence North 89°48’00” East, 20.20 feet to the Northwest corner of Municipal Tract No. 2, as per the plat recorded in Volume 8 of Plats, page 27; thence South 00°20’20” West along the West line of Municipal Tract No. 2, a distance of 300 feet; thence South 89°48’00” West, 17.38 feet, more or less, to the True Point of Beginning. Auditor’s Parcel Numbers: P1: 11-0480-000 P2: 09-1184-000 P3: 09-1185-000 P4: 11-0018-000 P5: No parcel number assigned P6: No parcel number assigned EXHIBIT B EASEMENT LEGAL DESCRIPTIONS: That portion of the Southeast quarter of Section 14, Township 19 North, Range 28 East, W.M., more particularly described as follows: A 10 foot wide municipal utility easement, being 5 feet on each side of the centerline of the existing water mains and appurtenances and which runs the entire length of the water main and appurtenances as constructed, contained within those parcels described in Exhibit A. TOGETHER WITH That portion of the Southeast quarter of Section 14, Township 19 North, Range 28 East, W.M., more particularly described as follows: Moses Lake Council Packet 10-13-20, Page 51 of 113 A 20 foot wide municipal utility easement, being 10 feet on each side of the centerline of the existing sewer mains and appurtenances and which runs the entire length of the sewer mains and appurtenances as constructed, contained within those parcels described in Exhibit A. SUBJECT TO THE FOLLOWING: 1. Grantee shall have the right at all times to enter the premises described for municipal purposes. 2. Said grant of easement is for a public use and shall include all rights reasonably necessary or incident for Grantee’s municipal purposes, including the rights of ingress and egress. 3. Grantor shall not use or make use of the property described herein so as to interfere with, impede, restrict, or otherwise conflict with Grantee’s use of this easement. Grantor may grant easements to others in the area of the easement so long as such easements are not in conflict with nor interfere with this easement granted to the City of Moses Lake. Any additional easements granted shall reference this easement and Grantor shall be responsible to the City of Moses Lake for any damage to its property or interference with the easement granted herein. 4. This grant of easement is a covenant running with the land and shall be binding upon the heirs, personal representatives, successors and assigns of both parties. 5. This easement includes City of Moses Lake Structure #M14-021 and its outlet pipe to Penn Street, but does not include any existing ground water collection infrastructure within Parcels 1 through 6. IN WITNESS WHEREOF this easement is executed as of this ______day of _________, 2020 By__________________________________ JOE A GARRO By__________________________________ LORI P GARRO Washington State Grant County I certify that I know or have satisfactory evidence that JOE A GARRO & LORI P GARRO signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it to be the free and voluntary act for the purposes mentioned in the instrument. Dated_______________________________________ ____________________________________________ (Print Name) ________________________________, Public Notary (Signed) My appointment expires________________________ Moses Lake Council Packet 10-13-20, Page 52 of 113 RECORD AND RETURN TO Legal Department City of Moses Lake P.O. Box 1579 Moses Lake, WA 98837 QUIT CLAIM DEED Grantor: The City of Moses Lake, a municipal corporation Grantor: Joe A Garro and Lori P Garro, Husband and Wife Parcel 1: No Parcel Number assigned Parcel 2: No Parcel Number assigned Adjacent to Parcels: 11-0480-000, 09-1184-000, 09-1185-000, 11-0018-000 Abbreviated Legal: A Portion of the SE ¼ of Section 14, T. 19 N., R. 28 E., W.M. The Grantor, The City of Moses Lake, a municipal corporation, for and in consideration of Ten dollars, conveys and quit claims to Joe A Garro and Lori P Garro, Husband and Wife, the following described real estate, situated in Grant County, Washington, including any after acquired title: PROPERTY LEGAL DESCRIPTIONS Parcel 1: (per Deed, AFN 211699) A portion of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section Fourteen (14), Township Nineteen (19) North, Range Twenty-eight (28) E.W.M., Described as follows: From a point on the South Boundary line of said Section 14, 442 feet distant easterly from the south 1/4 Section corner thereof; thence north 00°20’20” East a distance of 340 feet to the true point of beginning. Thence continue on the last above mentioned course a distance of 53 feet; thence easterly parallel to the South boundary line of said Section 14 a distance of 600 feet; thence South 00°20’20” West a distance of 53 feet; thence Westerly parallel to the south boundary line of said Section 14 a distance of 600 feet to the true point of beginning. Assessor’s Parcel Number: No Parcel Number assigned Parcel 2: (“Parcel 2”, per Statutory Warranty Deed, AFN 1092403) A parcel of land lying in the Southeast quarter of Section 14, Township 19 North, Range 28, E.W.M., records of Grant County, Washington, described as follows: Beginning at the South quarter corner of said Section 14; thence North 89°48’00” East along the South line of said Moses Lake Council Packet 10-13-20, Page 53 of 113 Section 14, a distance of 425 feet; thence North 00°12’00” West 40 feet to the Southeast corner of Commercial Plat as recorded in Volume 5 of page 17 of Plats, records of Grant County, Washington, which point is the True Point of Beginning; continuing thence North 00°12’00” West 300 feet along the East boundary of said Commercial Plat to the Northeast corner of said Lot 6 of said Commercial Plat; thence North 89°48’00” East, 20.20 feet to the Northwest corner of Municipal Tract No. 2, as per the plat recorded in Volume 8 of Plats, page 27; thence South 00°20’20” West along the West line of Municipal Tract No. 2, a distance of 300 feet; thence South 89°48’00” West, 17.38 feet, more or less, to the True Point of Beginning. Assessor’s Parcel Number: No Parcel Number assigned CITY OF MOSES LAKE Dated: ________________, 2020 By__________________________________ Allison Williams, City Manager Washington State Grant County I certify that I know or have satisfactory evidence that Allison Williams signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the City Manager of the City of Moses Lake to be the free and voluntary act of such party for the purposes mentioned in the instrument. Dated_______________________________________ ____________________________________________ (Print Name) ________________________________, Public Notary (Signed) My appointment expires________________________ Moses Lake Council Packet 10-13-20, Page 54 of 113 STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: September 29, 2020 Proceeding Type: Consent Agenda Subject: Award 2020 Fuel Procurement Contract to CHS Inc. Legislative History: • First Presentation: • Second Presentation: • Requested Action: October 13, 2020 Motion Staff Report Summary CHS Inc. is the only bidder for the 2020 Fuel Procurement contract but did not specify diesel fuel as part of the proposal. Staff recommends making a finding that the bid irregularity is insubstantial, immaterial, and did not result in any advantage over other bidders. CHS Inc. has corrected their proposal to include diesel products at their proposed price for fuel at both locations. Background The City has a contract with CHS Inc. for fuel procurement. That contract was executed on November 16, 2004. The contract has been extended five (5) times in 2007, 2010, 2013, 2016, and 2019. The current extension expires on November 16, 2020. The current proposal includes two locations - 1015 E. Broadway and 1719 W. Broadway. The third location in the Larson area is not included in their proposal because that facility will be closing. Fiscal and Policy Implications If approved, the City will be able to purchase fuel at two CHS Inc. locations. Otherwise fuel will need to be purchased at market price. Moses Lake Council Packet 10-13-20, Page 55 of 113 Options Option Results • Award the contract to CHS Inc. with corrections to proposal. Staff will prepare contract to be executed and fuel will be available per the proposal at $0.15/gal over the OPIS cost for fuel listed at Cenex Pasco, plus applicable taxes and fees. • Do not award the contract. City will not receive a discount on fuel and will pay the pump price. Staff Recommendation Staff recommends awarding the contract to CHS Inc. Attachments A. 2020 fuel procurement proposal B. Corrected Table D with diesel Legal Review N-A Moses Lake Council Packet 10-13-20, Page 56 of 113 Moses Lake Council Packet 10-13-20, Page 57 of 113 2020 Fuel Procurement Contract Contract No.519.2020.01 PROPOSAL Proposal Page 1 of5 TO:CITY OF MOSES LAKE BIDDER'S NAME:C/HS CURRENT UBI NUMBER: DATE: *%^c/y/tbc^SjA/ ?//y/i~o /yOn?,*/f d-*y y/-#i^/o<?^STATE EXCISE TAX REGISTRATION NUMBER: PHONE NO:.To <?2&I Uj&Jl FAX:NO:f O <?7/r S ilr&Z^/ BIDDER'S MAILING ADDRESS:/»/3 £/g>Co ^.J.\a/c y The Undersigned certifies thatheor shehasreadand thoroughly understands the Bid requirementsas outlined in thespecificationsfor the 2020 Fuel Procurement Bid and hereby proposes to undertake and provide the products and services embraced in this Bid. BID OPENING:Wednesday,September 24,2020,2:00 p.m. Bidder provides information in Section A through F ofthis Proposal for evaluation by the City of Moses Lake in determining the best value to the City for the 2020 Fuel Procurement Contract. Bidder certifies that all information provided in the proposal is accurate and is included with the contract ifthey are awarded the Bid. A.Bidder's Charge for Fuel:The undersigned agrees to furnish all fuels to the City ofMoses Lake subject to the conditions and requirements ofthis Bid. PRICE DETERMINATION:Biddersshallspecifyon Table A ofthe Proposalthe Oil Price Information Service (OPIS)reference citythat willbe used.If awarded thecontract,theCitywill pay Vendor the OPIS price for the OPIS reference city,that includes actual OPIS cost for all fuels,plus applicable taxes andfees,plus the"PerGallon Markup"for all fuels. TABLE A:Bidder's Charge for Fuel ITEM TYPE OF FUEL UNIT PER GALLON MARKUP 1 All Fuels Gallon $ ./So 2 BIDDER'S OPIS REFERENCE CITY:^^CyC Pe^s Cry 2020 Fuel Procurement Contract -Contract No.519.2020.01 Page 9/27 Moses Lake Council Packet 10-13-20, Page 58 of 113 2020 Fuel Procurement Contract Contract No.519.2020.01 Proposal Page 2 of5 B.Technical Specification Analysis: Bidder shall complete Table B:Technical Specification Analysis,by either checking "Yes"or "No"for each Item No.Failure by the Bidder tocomplete any item onTable B will beassumed in the City's evaluation to be checked "No". Table B: Technical SpecificationAnalysis Item No. Specification Meets Specification? Yes No 1 Vendor shall have a local business office to resolve any service or billing issuesthat may arise./ 2 Vendor shall provide fuel cards for all vehicles owned bythe City ofMoses Lake,and will replace lost or damaged cards at no additional cost./ 3 All pump facilities provided tothe City with this Bid shall becard operated and fully operational each and every day,24 hours a day./ 4 Thevendor shall provide computer-generated monthly reports totheCity. The monthly reportsshallprovidethe following information:dateandtimeof purchase,total gallons and price,typeof fuel,vehicle number,mileage,a statement with purchases listed by transaction,a statement for each card number./ 5 Fuelpumpsand dispensingarea shall becovered by a canopy or similar structure to protect user from inclement weather./ 6 Each dispensing site shall have adequate lighting to provide safe movement and operation ofequipment./ 7 Vendor shall clean accumulated snowfall as needed in driveway approaches and dispensing areas to provide convenient and safe access to all pumps./ 8 Diesel fuel shall be available, pre-blended during winter months, to prevent jelling./ 9 The billing cycle shall bemonthly with bills received prior tothe 10th ofeach month.PaymentfromtheCitywillbeapprovedat thesecondcouncil meeting ofeach month for the previous month. / 10 Vendor shall meet all Federal, State, local, and City ofMoses Lake Fire Department requirements priortocontract award./ 11 Vendor shall provide MSDS sheets for all products furnished totheCity./ 12 Vendor shall have notless than two separate facilities for refueling within the City limits./ 2020 FuelProcurement Contract- Contract No.519.2020.01 Page 10/27 Moses Lake Council Packet 10-13-20, Page 59 of 113 2020 Fuel Procurement Contract Contract No.519.2020.01 Proposal Page 3 of5 C.Fuel Dispensing Locations: If awarded the Bid,the Vendor will provide fuel tothe City atthelocations listed bythe Bidder at the following fueldispensing facilities on Table C. Table C:Fuel Dispensing Locations Facility Name Address 1.ZurrS Kwst »/;o/J £l$f~0 C^d.\A/<^.<s 2.<^,/s/7^<^T/fi/'/r7/9 V^h^oc //i*/*vv^ 3. D.Fuel Products by Location: Ifawarded the Bid,the Vendor will provide the following fuelproducts withtheoctaneratings listed and at the locations as shown by the Bidder in Table D. Table D:Fuel Products by Location Location 1. Fuel Type Octane Rating /*/S <?/$>co aA \a/*.Y f/o ttfiSft^Uf,*a A^L 2/l&mis^j^dt <£_£ <?/<?^fcyQ^e^f^3JL. 2. /7t 1 l/V hnoctJ.^y ^/o tCy.1£aAZJ.F7 JAa Mt^rtr^rSe£/o ^z^Q/te^v^^ _£_$_ U=^ 3. The facilities listedaboveshallprovidefuel 24 hoursa day,eachandeverydayoftheyear,unless noted inthe Bidder's Exceptionsto the SpecificationsinTable E. 2020 Fuel ProcurementContract -Contract No.519.2020.01 Page 11/27 Moses Lake Council Packet 10-13-20, Page 60 of 113 2020 Fuel Procurement Contract Contract No.519.2020.01 Proposal Page 4 of5 E.BIDDER'S EXCEPTIONS TO THE SPECIFICATIONS: TheBidder provides the following exceptions totheSpecifications in Table Ethatwill beused by the City in evaluating the Bids. Table E:Bidder's Exceptions to the Specifications Page No. ^Z. Bidder's Comments ^i^sel /-X t'spe^se*-^a cJ K ^4^^^H tv c^\yCr 7£L by Note: Biddermayreproduce this pageas necessary tocomplywiththe Bidrequirements. F.Attachments from Bidder: Bidder has listed the following pages in Table F and attached those listed documents for review by the City in consideration ofmis Bid. Table F:Attachments from Bidder No.Description ofBidder's Attachments Number of pages 1.Sample Monthly Billing Statement A / 2 Sample Report 3 4 5 6 7 2020 Fuel Procurement Contract -Contract No.519.2020.01 Page 12/27 Moses Lake Council Packet 10-13-20, Page 61 of 113 2020 Fuel Procurement Contract Contract No.519.2020.01 Proposal Page 5 of 5 The undersigned,under penalty ofperjury under the laws ofthe State ofWashington does hereby certify that; 1.The above is a true and honest Bid. 2.The undersigned has read and agrees to the provisions ofthe Non-Collusion Declaration; 3.The undersigned has read and agrees to the provisions ofthe Indemnification and Waiver Acknowledgment. 4. By signing below,I verify that I have signing authority.Except for companies with one governing person,proofofsigning authority is required if awarded the Contract.Proofofsigning authority may include corporate resolution,corporation bylaws,or operating agreement that indicates signing authority. Name of Firm:C/6^"S&/S J^JsscSJ-^. PrintedNameT^^,le /Ht(U<els& JpjfUJaASignature:"*^>^X^ff^-CJ^foJ^U? Title:f^dZsur^y j/HO ^.(KfO-x Date:?//<//l-o 2020 FuelProcurement Contract- Contract No.519.2020.01 Page13/27 Moses Lake Council Packet 10-13-20, Page 62 of 113 2020 Fuel Procurement Contract ppppiv/pn Contract No.519.2020.01 ncotl v w OCT 0 12020ProposalPage3of5 C.Fuel Dispensing Locations: PU IIPAL SERVICES DEPT F MOSES LAKE&WORKS Ifawarded the Bid,the Vendor will provide fuel to the City at the locations listed by the Bidder atthe following fuel dispensing facilities on Table C. Table C:Fuel Dispensing Locations Facility Name 1.£**r/KglSj tS 2.K***/T^c^T/*/ 3. Address D.Fuel Products bv Location; If awarded the Bid,the Vendor will provide the following fuel products with the octane ratings listedand atthe locations asshownbythe BidderinTableD. Table Dr Fuel Prodocts by Location Location Fuel Type Octane Rating 1./+/J £/&ro<L*(We^y /*/<*/tey^sfe^e^. ?/&Ob&ALak J^L &jz S*y* j££ £*CV**' Vf^-^^el w c^\e^r Aipsel ~*>yec*c/iese.1 *et *2_ 2. /7(1 Ifl hrotLcivfay JZs* Up /c><L*(eJ ^ ^~- c\pcr ^lie?Sg(1*2- U=. 3. The facilities listed above shall provide fuel 24 hours aday,each and every day ofthe year,unless noted in the Bidder's Exceptions tothe Specifications inTable E. 2020 Fuel ProcurementContract -Contract No.519.2020.01 Page 11/27Moses Lake Council Packet 10-13-20, Page 63 of 113 Micl.elsen,Dale From: Sent: To: Subject: opisadmin@opisnet.com Monday,September 28,2020 7:06 AM Michelsen,Dale [EXTERNAL]OPIS Wholesale Racks with OPIS Spot Mean Account #144961 To align the following data,change the font size to 9 in Courier New. SPOKANE,WA 2020-09-28 10:00:18 EDT **0PIS CONTRACT BENCHMARK FILE** **0PIS GROSS CLEAR PRICES**9.0 RVP Move Terms Unl Move Mid Move Pre Move Date Time BP u N-10 176.25o +10.00 -- ---- --—--— —09/17 23:59 PSX b 1-10 211.34 +1.50 09/25 18:00 Sinclair b 1-10 --— — —-- ----—208.67 -4.00 09/22 17:01 Sinclair u 1-10 --— — —-- -- --—208.67 -4.00 09/22 17:01 XOM b 125-3 —-- --— —--— —210.29 -1.03 09/25 19:00 XOM u Net — —-- -- --—205.25 +.40 09/25 19:00 LOW RACK ----—--205.25 HIGH RACK — —211.34 RACK AVG ----— —208.84 BRD LOW RACK -- --—--208.67 BRD HIGH RACK — —211.34 BRD RACK AVG — — — — 210.10 Q f""Q I""1\IVV\UBD LOW RACK 205.25 f\C V/EZI V EZL/ UBD HIGH RACK ----—--208.67 UBD RACK AVG — —206.96 CONT AVG-09/28 ~ — — —208.84 QPT n \2020 CONT LOW-09/28 205.25 U ' CONT HIGH-09/28 --—— —211.34 o=out of product MUNICIPAL SERVICESDEPTFCITYOF MOSES LAKE PUBLIC WORKS SPOKANE,WA LOW RETAIL 240.10 AVG RETAIL 254.03 LOW RETAIL EX-TAX 168.80 AVG RETAIL EX-TAX 182.73 SPOKANE,WA 2 02()-()9-i>8 10:()0:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS CBOB ETHANOL(10%)PRICES**9.0 RVP Move Terms Unl Move Mid Move Pre Move Date Time XOM U Net 144.70 -3.04 164.65 -1.84 180.24 +2 .22 09/25 19:00 XOM b 125-3 145.93 -1.04 162.14 -1.03 177.88 -1 .04 09/25 19:00 Cenex b 1-10 147.08 t .39 165.45 -2.55 178.50 -2 .40 09/24 18:00 PSX b 1-10 147.70 +1.50 160.83 -1.50 173.96 +1 .50 09/25 18:00 Wyo. Ref.u 1-10 148.00 -2.00 —— --—178.50 -2 .00 09/23 18:00 BP u N-10 149.15 +1.00 167.15 +1.00 185.15 +1 .00 09/25 23:59 Chevron b lt45c 149.90 +1.50 164.90 •<1.50 177.40 +1 .50 09/26 18:00 Texaco b lt45c 149.90 y 1.50 164.90 +1.50 177.40 ••1 .50 09/26 18:00 PSX u N-10 150.20 i 1.50 165.20 +1.50 180.20 -1 .50 09/25 18:00 Sinclair b 1-10 153.68 +4.00 169.40 +4.00 181.90 +4 .00 09/25 18:01 Sinclair u 1-10 153.68 +4.00 169.40 +4.00 181.90 +4 .00 09/25 18:01 CalumetMT b N-10 154.00 -4.00 167.25 -4.00 179.50 -4 .00 09/22 18:00 LOW RACK 144.70 160.83 173.96 HIGH RACK 154.00 169.40 185.15 RACK AVG 149.49 165.57 179.38 BRD LOW RACK 145.93 160.83 173.96 Moses Lake Council Packet 10-13-20, Page 64 of 113 BRD HIGH RACK 154.00 169.40 181.90 BRD B&CK'AVG 149.74 164.98 178.08 UBD LOW RACK 144.70 164.65 178.50 UBD HIGH RACK 153.68 169.40 185.15 UBD RACK AVG 149.15 166.60 181.20 CONT AVG-09/28 149.49 165.57 179.38 CONT LOW-09/28 144.70 160.83 173.96 CONT HIGH-09/28 154.00 169.40 185.15 SPOKANE,WA 2020-09-28 10:00:18 EDT XOM PSX PSX XOM Cenex Chevron Sinclair Sinclair Texaco BP CalumetMT LOW RACK HIGH RACK RACK AVG BRD LOW RACK BRD HIGH RACK BRD RACK AVG UBD LOW RACK UBD HIGH RACK UBD RACK AVG CONT AVG-09/28 CONT LOW-09/28 CONT HIGH-09/28 **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR DISTILLATE PRICES** Terms u Net b 1-10 u N-10 b 125-3 1-10 lt45c 1-10 1-10 lt45c u N-10 b N-10 Move No.2 Move No.l Move Pre Move Date 119.89 +.21 09/25 120.33 -2.02 09/23 122.00 -5.00 09/23 122.01 -.50 09/25 122.35 +1.01 127.10 +1.01 09/24 125.80 +1.00 09/25 125.80 -2.60 09/25 125.80 -2.60 09/25 125.80 +1.00 09/25 126.70 +.50 188.95 +.50 09/24 132.75 -2.00 09/22 119.89 188.95 127.10 132.75 188.95 127.10 124.48 188.95 127.10 120.33 127.10 132.75 127.10 124.98 127.10 119.89 188.95 126.70 188.95 123.60 188.95 124.48 188.95 127.10 119.89 188.95 127.10 132.75 188.95 127.10 Time 19:00 18:00 18:00 19:00 18:00 18:00 18:01 18:01 18:00 23:59 18:00 SPOKANE,WA **OPIS **OPIS GROSS ULTRA Terms No.2 XOM u Net 120.39 Cenex b 1-10 122.75 Sinclair b 1-10 126.15 Sinclair u 1-10 126.15 BP u N-10 127.70 PSX b 1-10 128.41 PSX u N-10 130.00 CalumetMT b N-10 133.25 LOW RACK 120.39 HIGH RACK 133.25 RACK AVG 126.85 BRD LOW RACK 122.75 BRD HIGH RACK 133.25 BRD RACK AVG 127.64 UBD LOW RACK 120.39 UBD HIGH RACK 130.00 UBD RACK AVG 126.06 CONT AVG-09/28 126.85 CONT LOW-09/28 120.39 CONT HIGH-09/28 133.25 2020-09-28 10:00:18 EDT CONTRACT BENCHMARK FILE** LOW SULFUR RED DYE DISTILLATE PRICES** Move Move No.l Move Pre Move Date Time -.50 09/25 19:00 +1.01 127.50 +1.01 09/24 18:00 -2.60 09/25 18:01 -2.60 09/25 18:01 +.50 189.45 +.50 09/24 23:59 -2.02 09/23 18:00 -5.00 09/23 18:00 -2.00 09/22 18:00 189.45 127.50 189.45 127.50 189.45 127.50 127.50 127.50 127.50 189.45 189.45 189.45 189.45 127.50 189.45 127.50 189.45 127.50 SPOKANE, WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR WINTER DISTILLATE PRICES** Move Terms No.2 Move No.l Move Pre Move Date Time Moses Lake Council Packet 10-13-20, Page 65 of 113 XOM u Net PSX ' b 1-10 Cenex b 1-10 PSX u N-10 XOM b 125-3 Sinclair b 1-10 Sinclair u 1-10 LOW RACK HIGH RACK RACK AVG BRD LOW RACK BRD HIGH RACK BRD RACK AVG UBD LOW RACK UBD HIGH RACK UBD RACK AVG CONT AVG-09/28 CONT LOW-09/28 CONT HIGH-09/28 122.89 123.36 124.60 125.00 125.04 127.80 127.80 122.89 127.80 125.21 123.36 127.80 125.20 122.89 127.80 125.23 125.21 122.89 127.80 .50 09/25 19:00 2.02 09/23 18:00 1.01 129.35 +1.01 09/24 18:00 5.00 09/23 18:00 .51 09/25 19:00 2.60 09/25 18:01 2.6o 09/25 18:01 129.35 129.35 129.35 129.35 129.35 129.35 129.35 129.35 129.35 SPOKANE,WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR RED DYE WINTER DISTILLATE PRICES** ,Move No.l Move Pre Move Date Time 129.75 +1.01 09/24 18:00 09/23 18:00 09/23 18:00 129.75 129.75 129.75 129.75 129.75 129.75 Terms No.2 Move Cenex b 1-10 125 00 + 1 01 PSX b 1-10 131 44 - 2 02 PSX u N-10 133 00 - 5 00 LOW RACK 125 00 HIGH RACK 133 00 RACK AVG 129 81 BRD LOW RACK 125 00 BRD HIGH RACK 131 44 BRD RACK AVG 128 22 UBD LOW RACK 133 00 UBD HIGH RACK 133 00 UBD RACK AVG 133 00 CONT AVG-09/28 129 81 CONT LOW-09/28 125.00 CONT HIGH-09/28 133.00 SPOKANE,WA Terms JET PSX b N-10 115.57 LOW RACK 115.57 HIGH RACK 115.57 RACK AVG 115.57 BRD LOW RACK 115.57 BRD HIGH RACK 115.57 BRD RACK AVG 115.57 CONT AVG-09/28 115.57 CONT LOW-09/28 115.57 CONT HIGH-09/28 115.57 SPOKANE,WA 129.75 129.75 129.75 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS SPECIALTY DISTILLATE PRICES** Move Move MARINE Move Date Time -1.46 09/26 00:01 **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS WHOLESALE B2 SME BIODIESEL PRICES** 2020-09-28 10:00:18 EDT XOM LOW RACK HIGH RACK RACK AVG UBD LOW RACK UBD HIGH RACK UBD RACK AVG Terms u Net ULS No.2 119.68 119.68 119.68 119.68 119.68 119.68 119.68 ULS2 WNT 122.89 122.89 122.89 122.89 122.89 122.89 122.89 Move Date Time 09/25 19:00 Moses Lake Council Packet 10-13-20, Page 66 of 113 CONT AVG--09/28 119.68 122.89 CONT LOWJ-09/28 119.68 122.89 CONT HIGH-09/28 119.68 122.89 SPOKANE,WA 2020--09-28 10::00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS WHOLESALE B5 SME BIODIESEL PRICES** ULS ULS2 ULS2 ULS2D Move Terms No.2 RD WNT WNT Date Time XOM u Net 119.89 ——122.89 ——09/25 19::00 XOM b 125-3 122.01 ——125.04 125.45 09/25 19::00 Sinclair b 1-10 125.80 126.15 127.80 ——09/25 18::01 Sinclair u 1-10 125.80 126.15 127.80 ——09/25 18::01 LOW RACK 119.89 126.15 122.89 125.45 HIGH RACK 125.80 126.15 127.80 125.45 RACK AVG 123.38 126.15 125.88 125.45 BRD LOW RACK 122.01 126.15 125.04 125.45 BRD HIGH RACK 125.80 126.15 127.80 125.45 BRD RACK AVG 123.91 126.15 126.42 125.45 UBD LOW RACK 119.89 126.15 122.89 —— UBD HIGH RACK 125.80 126.15 127.80 —— UBD RACK AVG 122.85 126.15 125.35 —— CONT AVG-•09/28 123.38 126.15 125.88 125.45 CONT LOW--09/28 119.89 126.15 122.89 125.45 CONT HIGH-09/28 125.80 126.15 127.80 125.45 Copyright,Oil Price Information Service PASCO,WA **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS CLEAR PRICES** Terms Unl Move BP u N-10 163.00 +1.00 Tesoro u N-10 171.75 +1.25 LOW RACK 163.00 HIGH RACK 171.75 RACK AVG 167.38 UBD LOW RACK 163.00 UBD HIGH RACK 171.75 UBD RACK AVG 167.38 CONT AVG-09/28 167.38 CONT LOW-09/28 163.00 CONT HIGH-09/28 171.75 RICHLAND-KENNEWICK-PASCO,WA LOW RETAIL 240.95 AVG RETAIL 256.55 LOW RETAIL EX-TAX 169.67 AVG RETAIL EX-TAX 185.26 PASCO,WA Mid Move Pre **OPIS CONTRACT BENCHMARK FILE** 2020-09-28 10:00:18 EDT Move 9.0 RVP Move Date Time 09/25 23:59 09/25 18:00 2020-09-28 10:00:18 EDT **OPIS GROSS CBOB ETHANOL(10%)PRICES**9.0 RVP Move Terms Unl Move Mid Move Pre Move Date Time BP u N-10 138.50 +1.00 162.50 +1.00 176.50 +1.00 09/25 23:59 PSX u N-10 139.00 +1.00 168.00 +1.00 177.00 +1.00 09/24 18:00 Tesoro u N-10 140.50 +1.25 167.00 +1.25 178.50 +1.25 09/25 18:00 Cenex b 1-10 141.14 -4.81 160.61 -2.55 176.67 -1.27 09/24 18:00 Shell b 125-3 141.54 -7.09 158.22 -7.09 177.91 -7.09 09/23 18:00 Marathon b 1-10 141.67 -.50 154.29 -.51 173.23 -.51 09/25 18:00 XOM-TSO b 1-10 141.67 -.50 154.29 -.51 173.23 -.51 09/25 18:00 Shell-TSO b 1-10 142.17 -.51 154.80 -.50 173.74 -.50 09/25 18:00 Chevron b lt45c 146.00 -7.00 161.50 -7.00 176.00 -7.00 09/23 10:00 Texaco b lt45c 146.00 -7.00 161.50 -7.00 176.00 -7.00 09/23 10:00 PSX b 1-10 146.93 -2.02 160.43 -2.02 173.93 -2.02 09/24 18:00 XOM b 125-3 147.93 -1.50 164.44 -1.49 180.89 -1.50 09/25 19:00 Sinclair b 1-10 148.34 +1.86 ————179.12 +1.85 09/25 18:01 LOW RACK 138.50 154.29 173.23 Moses Lake Council Packet 10-13-20, Page 67 of 113 HIGH RACK 148.34 168.00 180.89 RACK AVG"143.18 160.63 176.36 BRD LOW RACK 141.14 154.29 173.23 BRD HIGH RACK 148.34 164.44 180.89 BRD RACK AVG 144.34 158.90 176.07 UBD LOW RACK 138.50 162.50 176.50 UBD HIGH RACK 140.50 168.00 178.50 UBD RACK AVG 139.33 165.83 177.33 CONT AVG-09/28 143.18 160.63 176.36 CONT LOW-09/28 138.50 154.29 173.23 CONT HIGH-09/28 148.34 168.00 180.89 PASCO,WA 2020-09-:28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR DISTILLATE PRICES** Terms IdemitsuA u N-10 Cenex b 1-10 BP u N-10 PSX u N-10 Chevron b lt45c Sinclair b 1-10 Sinclair u 1-10 Texaco b lt45c Tesoro u N-10 PSX b 1-10 LOW RACK HIGH RACK RACK AVG BRD LOW RACK BRD HIGH RACK BRD RACK AVG UBD LOW RACK UBD HIGH RACK UBD RACK AVG CONT AVG-09/28 CONT LOW-09/28 CONT HIGH-09/28 Move No.2 Move No.l Move Pre Move Date 122.00 -2.00 09/23 123.79 +.04 128.54 +.04 09/24 124.00 +1.00 09/25 124.25 +.50 09/24 125.30 +1.00 09/25 125.30 +1.40 09/25 125.30 +1.40 09/25 125.30 +1.00 09/25 126.50 +1.00 129.00 +1.00 09/25 134.09 +.50 09/25 122.00 128.54 134.09 129.00 125.58 128.77 123.79 128.54 134.09 128.54 126.76 128.54 122.00 129.00 126.50 129.00 124.41 129.00 125.58 128.77 122.00 128.54 134.09 129.00 Time 18:00 18:00 23:59 18:00 18:00 18:01 18:01 18:00 18:00 18:00 PASCO,WA **OPIS **OPIS GROSS ULTRA Terms No.2 IdemitsuA u N-10 122.50 Cenex b 1-10 124.19 BP u N-10 124.50 PSX u N-10 124.75 Sinclair b 1-10 125.65 Sinclair u 1-10 125.65 Tesoro u N-10 127.00 PSX b 1-10 136.09 LOW RACK 122.50 HIGH RACK 136.09 RACK AVG 126.29 BRD LOW RACK 124.19 BRD HIGH RACK 136.09 BRD RACK AVG 128.64 UBD LOW RACK 122.50 UBD HIGH RACK 127.00 UBD RACK AVG 124.88 CONT AVG-09/28 126.29 CONT LOW-09/28 122.50 CONT HIGH-09/28 136.09 2020-09-28 10:00:18 EDT CONTRACT BENCHMARK FILE** LOW SULFUR RED DYE DISTILLATE PRICES** Move Move No.l Move Pre Move Date Time -2.00 09/23 18:00 +.04 128.94 +.04 09/24 18:00 +1.00 09/25 23:59 +.50 09/24 18:00 +1.40 09/25 18:01 +1.40 09/25 18:01 +1.00 09/25 18:00 +.50 09/25 18:00 128.94 128.94 128.94 128.94 128.94 128.94 128.94 128.94 128.94 PASCO,WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS WHOLESALE B5 SME BIODIESEL PRICES** Moses Lake Council Packet 10-13-20, Page 68 of 113 ULS Terms No.2 BP u N-10 124.10 Chevron b lt45c 125.30 Texaco b lt45c 125.30 PSX u N-10 126.00 XOM b 125-3 128.08 PSX b 1-10 133.59 LOW RACK 124.10 HIGH RACK 133.59 RACK AVG 127.06 BRD LOW RACK 125.30 BRD HIGH RACK 133.59 BRD RACK AVG 128.07 UBD LOW RACK 124.10 UBD HIGH RACK 126.00 UBD RACK AVG 125.05 CONT AVG-09/28 127.06 CONT LOW-09/28 124.10 CONT HIGH-09/28 133.59 ULS2 RD 124.60 126.50 135.59 124.60 135.59 128.90 135.59 135.59 135.59 124.60 126.50 125.55 128.90 124.60 135.59 Move Date Time 09/25 23:59 09/25 18:00 09/25 18:00 09/24 18:00 09/25 19:00 09/25 18:00 Copyright,Oil Price Information Service MOSES LAKE,WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS CLEAR PRICES** Terms Unl Move Mid Move Pre PSX b 1-10 202.89 Sinclair b 1-10 212.67 Sinclair u 1-10 212.67 LOW RACK 202.89 HIGH RACK 212.67 RACK AVG 209.41 BRD LOW RACK 202.89 BRD HIGH RACK — —212.67 BRD RACK AVG 207.78 UBD LOW RACK 212.67 UBD HIGH RACK 212.67 UBD RACK AVG 212.67 CONT AVG-09/28 209.41 CONT LOW-09/28 202.89 CONT HIGH-09/28 212.67 9.0 RVP Move Move Date Time -7.00 09/22 18:00 -4.00 09/22 17:01 -4.00 09/22 17:01 MOSES LAKE,WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **(DPIS GROSS CBOB ETHANOL(10%)PRICES**9.0 RVP Move Terms Unl Move Mid Move Pre Move Date Time PSX b 1-10 139.25 -7,.00 152.38 -7.00 165.51 -7.00 09/22 18:00 XOM b 125-3 140.23 +.52 155.42 +52 172.18 +.52 09/25 19:00 Shell b 125-3 141.54 -7,.09 158.22 -7.09 177.91 -7.09 09/23 18:00 Sinclair b 1-10 146.34 +1..86 09/25 18:01 Sinclair u 1-10 146.34 +1..86 09/25 18:01 LOW RACK 139.25 152.38 165.51 HIGH RACK 146.34 158.22 177.91 RACK AVG 142.74 155.34 171.87 BRD LOW RACK 139.25 152.38 165.51 BRD HIGH RACK 146.34 158.22 177.91 BRD RACK AVG 141.84 155.34 171.87 UBD LOW RACK 146.34 ———— UBD HIGH RACK 146.34 ———— UBD RACK AVG 146.34 ———— CONT AVG--09/28 142.74 155.34 171.87 CONT LOW--09/28 139.25 152.38 165.51 CONT HIGH-09/28 146.34 158.22 177.91 MOSES LAKE, WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR DISTILLATE PRICES** Moses Lake Council Packet 10-13-20, Page 69 of 113 Move Move No.l Move Pre Move Date Time 3.03 09/22 18:00 2.00 09/23 18:00 .34 09/25 19:00 2.02 09/25 18:00 1.40 09/25 18:01 1.40 09/25 18:01 Terms No.2 1 PSX b 1-10 112 .44 - FSX u N-10 113 .00 - XOM b 125-3 113,.89 - Shell b 1-10 117,.40 - Sinclair b 1-10 123,.30 + Sinclair u 1-10 123,.30 + LOW RACK 112,.44 HIGH RACK 123..30 RACK AVG 117..22 BRD LOW RACK 112,.44 BRD HIGH RACK 123.,30 BRD RACK AVG 116..76 UBD LOW RACK 113.,00 UBD HIGH RACK 123.,30 UBD RACK AVG 118..15 CONT AVG-09/28 117.22 CONT LOW-09/28 112.44 CONT HIGH-09/28 123.30 MOSES LAKE,WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR RED DYE DISTILLATE PRICES** Move Move No.l Move Pre Move Date Time -3.03 09/22 18:00 -2.00 09/23 18:00 Terms No,.2 PSX b 1-10 120,.52 PSX u N-10 121,.00 LOW RACK 120,.52 HIGH RACK 121,.00 RACK AVG 120,.76 BRD LOW RACK 120,.52 BRD HIGH RACK 120,.52 BRD RACK AVG 120..52 UBD LOW RACK 121..00 UBD HIGH RACK 121.,00 UBD RACK AVG 121.,00 CONT AVG-09/28 120.,76 CONT LOW-09/28 120.,52 CONT HIGH-09/28 121.,00 MOSES LAKE,WA **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR WINTER DISTILLATE 2020-09-28 10:00:18 EDT PRICES* Terms No,.2 PSX b 1-10 115,.47 PSX u N-10 116..00 XOM b 125-3 116.,93 LOW RACK 115.,47 HIGH RACK 116.,93 RACK AVG 116.,13 BRD LOW RACK 115.,47 BRD HIGH RACK 116.,93 BRD RACK AVG 116..20 UBD LOW RACK 116.,00 UBD HIGH RACK 116.,00 UBD RACK AVG 116.,00 CONT AVG-09/28 116.,13 CONT LOW-09/28 115.,47 CONT HIGH-09/28 116.,93 Move Move No.l Move Pre Move Date Time -3.03 09/22 18:00 -2.00 09/23 18:00 -.34 09/25 19:00 MOSES LAKE,WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR RED DYE WINTER DISTILLATE PRICES** Move Terms No.2 Move No.l Move Pre Move Date Time PSX b 1-10 123.55 -3.03 09/22 18:00 PSX u N-10 124.00 -2.00 09/23 18:00 Moses Lake Council Packet 10-13-20, Page 70 of 113 LOW RACK 123.55 HIGH RACK 124.00 RACK AVG 123.78 BRD LOW RACK 123.55 BRD HIGH RACK 123.55 BRD RACK AVG 123.55 UBD LOW RACK 124.00 UBD HIGH RACK 124.00 UBD RACK AVG 124.00 CONT AVG-09/28 123.78 CONT LOW-09/28 123.55 CONT HIGH-09/28 124.00 Copyright,Oil Price Information Service SEATTLE,WA BP Cenex Tesoro LOW RACK HIGH RACK RACK AVG OPIS PACIFIC NORTHWEST DELIVERED SPOT (SRI) FOB SEATTLE 129.49 — ~ BRD LOW RACK 172.36 — — BRD HIGH RACK 172.36 BRD RACK AVG 172.36 UBD LOW RACK 168.75 UBD HIGH RACK 175.50 UBD RACK AVG 172.13 CONT AVG-09/28 172.20 CONT LOW-09/28 168.75 CONT HIGH-09/28 175.50 SEATTLE-BELLEVUE-EVERETT,WA LOW RETAIL 240.35 AVG RETAIL 294.82 LOW RETAIL EX-TAX 169.07 AVG RETAIL EX-TAX 223.51 Terms u N-10 b 1-10 u N-10 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS CLEAR PRICES**9.0 RVP Move Unl Move Mid Move Pre Move Date Time 168.75 +1.00 09/24 23:59 172.36 -.35 09/24 18:00 175.50 +1.50 09/25 18:00 168.75 175.50 172.20 SEATTLE,WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **(DPIS GROSS CBOB ETHANOL(10%)PRICES**9.0 RVP Move Terms Unl Move Mid Move Pre Move Date Time PSX u N-10 134.75 +1.00 163.75 +1.00 170.75 +1.00 09/25 18:00 BP u N-10 136.15 +1.00 168.65 +1.00 174.65 +1.00 09/24 23:59 Tesoro u N-10 138.25 +1.50 167.25 +1.50 175.75 +1.50 09/25 18:00 Cenex b 1-10 145.93 +.21 ——._—180.13 -.10 09/24 18:00 Marathon b 1-10 147.22 +.50 160.91 +.51 181.46 +.50 09/25 18:00 Tesoro b 1-10 147.22 +.50 160.91 +.51 181.46 +.50 09/25 18:00 XOM-TSO b 1-10 147.22 +.50 160.91 +.51 181.46 +.50 09/25 18:00 PSX b 1-10 155.60 -1.01 168.23 -1.01 178.83 -1.01 09/22 18:00 Shell b 125-3 158.84 +1.02 175.51 +1.01 195.20 +1.01 09/24 18:00 Chevron b lt45c 160.40 +1.00 173.50 +1.00 183.60 +1.00 09/23 18:00 Texaco b lt45c 160.40 +1.00 173.50 +1.00 183.60 +1.00 09/23 18:00 LOW RACK 134.75 160.91 170.75 HIGH RACK 160.40 175.51 195.20 RACK AVG 148.36 167.31 180.63 OPIS PACIFIC NORTHWEST DELIVERED SPOT (SRI) FOB SEATTLE 131.75 ——147.72 BRD LOW RACK 145.93 160.91 178.83 BRD HIGH RACK 160.40 175.51 195.20 BRD RACK AVG 152.85 167.64 183.22 UBD LOW RACK 134.75 163.75 170.75 UBD HIGH RACK 138.25 168.65 175.75 Moses Lake Council Packet 10-13-20, Page 71 of 113 UBD RACK AVG 136.38 166.55 173.72 CONT AVG-09/28 148.36 167.31 180.63 CONT LOW-09/28 134.75 160.91 170.75 CONT HIGH-09/28 160.40 175.51 195.20 SEATTLE,WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR DISTILLATE PRICES** Terms No PSX u N-10 109 PSX b 1-10 113 Shell u N-10 113 Cenex b 1-10 113 Tesoro b 1-10 114 Shell b 1-10 114 Tesoro u N-10 115 BP u N-10 115 Chevron b lt45c 115 Texaco b lt45c 115 LOW RACK 109 HIGH RACK 115 RACK AVG 114 OPIS PACIFIC NORTHWEST FOB SEATTLE 114 BRD LOW RACK 113 BRD HIGH RACK 115 BRD RACK AVG 114 UBD LOW RACK 109 UBD HIGH RACK 115 UBD RACK AVG 113 CONT AVG--09/28 114 CONT LOW--09/28 109 CONT HIGH-09/28 115 Move .2 Move No.l Move Pre Move Date .75 +.50 09/23 ,43 +.51 09/25 ,60 +.95 09/25 ,80 + .44 143.43 + .44 09/24 ,39 +.50 09/25 ,75 +.96 09/25 ,00 +1.00 117.00 +1.00 09/25 ,35 +.75 141.85 +.75 09/25 70 +1.00 09/25 70 +1.00 09/25 75 141.85 117.00 70 143.43 117.00 15 142.64 117.00 DELIVERED SPOT (SRI) 89 117.14 43 143.43 70 143.43 63 143.43 75 141.85 117.00 35 141.85 117.00 43 141.85 117.00 15 142.64 117.00 75 141.85 117.00 70 143.43 117.00 Time 18:00 18:00 18:00 18:00 18:00 18:00 18:00 23:59 18:00 18:00 SEATTLE,WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR RED DYE DISTILLATE PRICES** Move Terms No.2 Move No.l Move Pre Move Date Time PSX u N-10 110.25 +.50 09/23 18:00 PSX b 1-10 113.93 +.51 09/25 18:00 Shell u N-10 114.10 +.95 09/25 18:00 Cenex b 1-10 114.30 +.44 143.93 +.44 09/24 18:00 Tesoro u N-10 115.50 +1.00 117.50 +1.00 09/25 18:00 BP u N-10 115.85 +.75 142.35 +.75 09/25 23:59 LOW RACK 110.25 142.35 117.50 HIGH RACK 115.85 143.93 117.50 RACK AVG 113.99 143.14 117.50 OPIS PACIFIC NORTHWEST DELIVERED SPOT (SRI) FOB SEATTLE 115.24 117.49 BRD LOW RACK 113.93 143.93 BRD HIGH RACK 114.30 143.93 BRD RACK AVG 114.12 143.93 UBD LOW RACK 110.25 142.35 117.50 UBD HIGH RACK 115.85 142.35 117.50 UBD RACK AVG 113.93 142.35 117.50 CONT AVG-09/28 113.99 143.14 117.50 CONT LOW-09/28 110.25 142.35 117.50 CONT HIGH-09/28 115.85 143.93 117.50 SEATTLE, WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS NON-ROAD LOCOMOTIVE MARINE DISTILLATE PRICES** Move Terms ULS Move LS Move HS Move Date Time BP u N-10 114.60 -2.00 09/25 23:59 LOW RACK 114.60 HIGH RACK 114.60 Moses Lake Council Packet 10-13-20, Page 72 of 113 RACK AVG 114.60 UBD LOW RACK 114.60 UBD HIGH RACK 114.60 UBD RACK AVG 114.60 CONT AVG-09/28 114.60 CONT LOW-09/28 114.60 CONT HIGH-09/28 114.60 SEATTLE,WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS SPECIALTY DISTILLATE PRICES** Move Move MARINE Move Date Time +.50 09/27 00:01 Terms JET PSX b N-10 103.11 LOW RACK 103.11 HIGH RACK 103.11 RACK AVG 103.11 BRD LOW RACK 103.11 BRD HIGH RACK 103.11 BRD RACK AVG 103.11 CONT AVG-09/28 103.11 CONT LOW-09/28 103.11 CONT HIGH-09/28 103.11 SEATTLE,WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS WHOLESALE BO-5 SME BIODIESEL PRICES** Chevron Texaco LOW RACK HIGH RACK 115.70 RACK AVG 115.70 BRD LOW RACK 115.70 BRD HIGH RACK 115.70 BRD RACK AVG 115.70 CONT AVG-09/28 115.70 CONT LOW-09/28 115.70 CONT HIGH-09/28 115.70 ULS Terms No.2 b lt45c 115.70 b lt45c 115.70 115.70 Move Date Time 09/25 18:00 09/25 18:00 SEATTLE,WA >OPIS Terms PSX u N-10 Shell u N-10 Shell b 1-10 BP u N-10 SeaprtSnd u N-10 LOW RACK HIGH RACK RACK AVG BRD LOW RACK BRD HIGH RACK BRD RACK AVG UBD LOW RACK UBD HIGH RACK UBD RACK AVG CONT AVG--09/28 CONT LOW--09/28 CONT HIGH-09/28 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** GROSS WHOLESALE B5 SME BIODIESEL PRICES** ULS ULS ULS2 ULS2P No.2 Pre RD RD 110.00 110.50 111.55 112.05 112.67 112.90 113.40 129.15 131.15 129.65 131.65 110.00 131.15 110.50 131.65 129.15 131.15 129.65 131.65 115.25 131.15 116.40 131.65 112.67 112.67 112.67 110.00 131.15 110.50 131.65 129.15 131.15 129.65 131.65 115.90 131.15 116.40 131.65 115.25 131.15 116.40 131.65 110.00 131.15 110.50 131.65 129.15 131.15 129.65 131.65 Move Date Time 09/23 18:00 09/25 18:00 09/25 18:00 09/25 23:59 09/14 18:01 SEATTLE, WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS WHOLESALE B5 CME BIODIESEL PRICES** ULS Move Terms No.2 Date Time 10 Moses Lake Council Packet 10-13-20, Page 73 of 113 BioBlend u N-10 134.00 08/26 00:01 LOW RACK*134.00 HIGH RACK 134.00 RACK AVG 134.00 UBD LOW RACK 134.00 UBD HIGH RACK 134.00 UBD RACK AVG 134.00 CONT AVG-09/28 134.00 CONT LOW-09/28 134.00 CONT HIGH-09/28 134.00 SEATTLE,WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT1 BENCHMARK FILE** **OPIS GROSS WHOLESALE B10 SME BIODIESEL PRICES** ULS ULS2 Move Terms No.2 RD Date Time PSX u N-10 117.17 117.67 09/23 18:00 SeaprtSnd u N-10 136.30 136.80 09/14 18:01 LOW RACK 117.17 117.67 HIGH RACK 136.30 136.80 RACK AVG 126.74 127.24 UBD LOW RACK 117.17 117.67 UBD HIGH RACK 136.30 136.80 UBD RACK AVG 126.74 127.24 CONT AVG-09/28 126.74 127.24 CONT LOW-09/28 117.17 117.67 CONT HIGH-09/28 136.30 136.80 SEATTLE,WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS WHOLESALE B10 CME BIODIESEL PRICES** ULS Move Terms No.2 Date Time BioBlend u N-10 138.00 08/26 00:01 LOW RACK 138.00 HIGH RACK 138.00 RACK AVG 138.00 UBD LOW RACK 138.00 UBD HIGH RACK 138.00 UBD RACK AVG 138.00 CONT AVG-09/28 138.00 CONT LOW-09/28 138.00 CONT HIGH-09/28 138.00 SEATTLE,WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS WHOLESALE B20 SME BIODIESEL PRICES** ULS ULS2 Move Terms No.2 RD Date Time PSX u N-10 114.75 115.25 09/23 18:00 SeaprtSnd u N-10 150.60 151.10 09/14 18:01 LOW RACK 114.75 115.25 HIGH RACK 150.60 151.10 RACK AVG 132.68 133.18 UBD LOW RACK 114.75 115.25 UBD HIGH RACK 150.60 151.10 UBD RACK AVG 132.68 133.18 CONT AVG-09/28 132.68 133.18 CONT LOW-09/28 114.75 115.25 CONT HIGH-09/28 150.60 151.10 SEATTLE,WA 2020-09-28 10:00:18 EDT **OPIS CONTRACT1 BENCHMARK FILE** **OPIS GROSS WHOLESALE B20 CME BIODIESEL PRICES** ULS Move Terms No.2 Date Time BioBlend u N-10 146.25 08/26 00:01 LOW RACK 146.25 HIGH RACK 146.25 11 Moses Lake Council Packet 10-13-20, Page 74 of 113 RACK AVG 146.25 UBD iLOW RACK 146.25 UBD HIGH RACK 146.25 OBD RACK AVG 146.25 CONT AVG-09/28 146.25 CONT LOW-09/28 146.25 CONT HIGH-09/28 146.25 Copyright, Oil Price Information Service 12 Moses Lake Council Packet 10-13-20, Page 75 of 113 P.O.BOX 608 QUINCY,WA 98846 (509)787-3511 www.chssunbasingrowers.com MOSES LAKE CITY OF -FUEL C/O NANCY CORTEZ PO BOX 1579 MOSES LAKE WA 98837-0244 Customer ID:504498 Statement Beginning Date:8/1/2020 Statement Ending Date:8/31/2020 Due Date:9/15/2020 CURRENT DUE:$20,557.96 Payment Amount: DETACH UPPER PORTION AND RETURN WITHPAYMENT Lftwi'ct y^fvulel-Wl d Unit Invoice Payment Running Price Total Received Balance Customer ID: MOSES LAKE Date Due 504498 CITY OF-FUEL PO#/TKT# Invoice Invoice Description Qty/ Number Item Description Ref# 08/01/20 zzz BEG BAL $21,443.08 08/01/20 09/15/20 394673 WN5 IB4887 Tr=394673O=93106M=41 UNLEADED TAX GASOLINE FED 00636700006237183123 Invoice Total 12.3460 GALS 12.3460 EACH 0.0000 EACH 2.4450 -0.1830 0.0000 $30.19 (S2.26) $27.9:$21,471.01 08/01/20 09/15/20 394677 WN5 IB4891 Tr=394677O=0M=32 UNLEADED TAX GASOLINE FED 00636700006237186011 Invoice Total 9.1130 GALS 9.1130 EACH 0.0000 EACH 2.4450 -0.1830 0.0000 $22.28 ($1.67) $20.61 $21,491.62 08/01/20 09/15/20 394678 WN5 IB4892 Tr=394678O=0M=38 UNLEADED TAX GASOLINE FED 00636700006237185860 Invoice Total 8.7040 GALS 8.7040 EACH 0.0000 EACH 2.4450 -0.1830 0.0000 $21.28 ($1.59) $19.6?$21,511.31 08/01/20 09/15/20 394679 WN5 IB4893 Tr=3946790=37918M=31 UNLEADED TAX GASOLINE FED 00636700006237186010 Invoice Total 11.0320 GALS 11.0320 EACH 0.0000 EACH 2.4450 -0.1830 0.0000 $26.97 ($2.02) $24.9£$21,536.26 08/01/20 09/15/20 394687 WN5 IB4901 Tr=3946870=56442M=271 #2 DYED Dl 00636700006237185082 Invoice Total 36.3810 GALS 0.0000 EACH 1.4970 0.0000 $54.46 $54.46 $21,590.72 08/01/20 09/15/20 394697 WN5 IB4911 Tr=3946970=77155M=036 UNLEADED TAX GASOLINE FED 00636700006237185438 Invoice Total 7.9670 GALS 7.9670 EACH 0.0000 EACH 2.4450 -0.1830 0.0000 S19.48 ($1.46) $18.02 $21,608.74 08/01/20 09/15/20 394829 WN5 IB5043 Tr=394829O=34000M=032 UNLEADED TAX GASOLINE FED 00636700006237186011 Invoice Total 4.8300 GALS 4.8300 EACH 0.0000 EACH 2.4450 -0.1830 0.0000 $11.81 ($0.88) $10.9:$21,619.67 Page:1 of 61 Moses Lake Council Packet 10-13-20, Page 76 of 113 Customer ID:504498 MOSES LAKE CITY OF -FUEL Invoice Invoice Description Qty/Unit Date Due PO#/TKT#Number Item Description Ref#Price Invoice Payment Running Total Received Balance 08/31/20 09/15/20 157319 WP5 IP9816 Invoice Total Tr=157319O=10968M=159 UNLEADED TAX GASOLINEFED 00636700006237180803 11.5020GALS 11.5020 EACH 0.0000 EACH 2.4690 -0.1830 0.0000 $76.2( $28.40 ($2.10) $20,461.91 08/31/20 09/15/20 157326 WP5 IP9823 Invoice Total Tr=157326O=0M=160 UNLEADED FAX GASOLINE FED 17.4210GALS 17.4210 EACH 2.4690 -0.1830 $26.3( $43.01 ($3.19) $20,488.21 08/31/20 09/15/20 157350 WP5 IP9847 00638700006237181659 InvoiceTotal Tr=157350O=105M=036 UNLEADED FAX GASOLINE FED D0838700008237185438 0.0000 EACH 6.2940 GALS 6.2940 EACH 0.0000 EACH 0.0000 2.4690 -0.1830 0.0000 $39.82 $15.54 ($1.15) $20,528.03 08/31/20 09/15/20 157359 WP5 IP9856 InvoiceTotal Tr=1573590=42214M=31 UNLEADED FAX GASOLINE FED 6.7970 GALS 6.7970 EACH 2.4690 -0.1830 $14.3? $16.78 ($1.24) $20,542.42 00836700006237186010 InvoiceTotal 0.0000 EACH 0.0000 $15.5<$20,557.96 Summary By Category GAS REGULAR TAX -PETRO FED EXEMPT DIESEL FUEL DYED DIESEL FUEL CLEAR STATE TAX CITY TAX Quantity 7,204.3870 7,662.1580 1,763.5800 754.0820 UOM GALS EACH GALS GALS Amount $17,702.79 ($1,493.99) $2,467.02 $1,689.75 $154.40 $37.99 Beginning Prepay Balance:$0.00 Beg Budget Balance:$0.00 Future/Deferred:$0.00 Prepay Increase:$0.00 Budget Activity:$0.00 Current Due:$20,557.96 Prepay Decrease:$0.00 Budget Balance:$0.00 Total Balance:$20,557.96 Ending Prepay Balance:$0.00 Prepaid Current 1-29 Days 30-59 Days 60+Days $0.00 $20,557.96 $0.00 $0.00 $0.00 Pay invoices by their due date to avoid finance charges. * MINIMUM FINANCE CHARGE PER MONTH:$0.00 Pag8: 61 of 61 Monthly Periodic Rate:0.00% Annual Percentage Rate:0.00% Moses Lake Council Packet 10-13-20, Page 77 of 113 STAFF REPORT To: Mayor and Council From: Alison Williams, City Manager Date: October 6, 2020 Proceeding Type: Consent Agenda Subject: Additional Homeless Shelter Purchase Legislative History: •First Presentation: September 22, 2020 •Second Presentation: October 13, 2020 •Requested Action: Motion Overview In May 2019, the City Council approved Resolution 3764, electing the City to operate its own homeless program. The need for a site to operate a homeless program was reviewed with the City Council in May and August of 2020, with a site identified in August of 2020. On September 22, 2020, City Council approved the City Manager to execute a lease for the site location on which the City will operate its homeless program. Work has begun to prepare the site for its use as the homeless campsite administered by the City of Moses Lake, and will be managed by HopeSource through a contractual obligation. The site initially was programmed to begin with 20 shelters, however, there is need for more shelters to accommodate the population of unsheltered homeless within the community. In order to administer the homeless program, shelters must be provided on-site for the utilization of sleeping spaces for the homeless population in Moses Lake. The original cost of the 20 shelters was $42,818.00, or $2,140.90 per shelter. This expense was reviewed by City Council on September 22, 2020. Staff is presenting a purchase of an additional 15 shelters for a cumulative expense of $74,931.50 or $1,975 per shelter for a total of 35 shelters. Fiscal and Policy Implications The City will utilize COVID-19 and CARES Act grant funds for the purchase of the shelters. Moses Lake Council Packet 10-13-20, Page 78 of 113 Options Option Results •Move to authorize the City Manager to utilize grant funds to purchase shelters for the homeless program Staff will move forward with the purchase of shelters for the homeless program •Take no action The timeline for the use of the grant funds will end and the operation will not be able to move forward Staff Recommendation Staff recommends City Council approve the purchase of additional shelters. Attachment A. Proposed Expense Legal Review N/A Moses Lake Council Packet 10-13-20, Page 79 of 113 Ziggy's Home Improvement # 013 10/06/20 1520 E. Wheeler Road 15:24:14 Moses Lake, WA 98837 Pg 1 (509) 765-7300 Qte#1013818587 Cust#1013029645 Customer.. [55387.00] CITY OF MOSES LAKE Address... PO BOX 1579 321 S. BALSAM City...... MOSES LAKE WA 98837 (509)764-3951 Emp: Bill Bl. Item Unit Extended ### Qty Description Unit Price Total 1 X***** PO CAMP SITE KEVIN FULR_________________________________ ***** 2 35 SP473# 8X8 GABLE SHED WITH 7FT WALLS.... EACH1975.0000 69125.00 3 X***** WITH A TWO FOOT PORCH AND OVERHANG_____________________________ ***** 4 X***** STEEL DOOR W/VDL WINDOW________________________________________ ***** 5 X***** DELIVERED TO THE JOB SITE______________________________________ ***** 6 X***** BLK ROOF_______________________________________________________ ***** 7 X***** CUSTOMER WILL HAVE FORKLIFTS ON SITE___________________________ ***** ================= *** Q U O T E *** Estimate Only, not a receipt Sub total:$ 69125.00 *** Q U O T E *** or invoice. Expires:10/07/20 tax on -8.40%:WA-TAX, 69125.00 :$ 5806.50 - Total:$ 74931.50 ³JZIE11:15 Pg 1 Qte#818587 Moses Lake Council Packet 10-13-20, Page 80 of 113 STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: October 6, 2020 Proceeding Type: Consent Agenda Subject: Esri Enterprise License Agreement Renewal Legislative History: • First Presentation: October 13, 2020 • Second Presentation: • Requested Action: Motion Staff Report Summary The proposed Enterprise Agreement Renewal would extend the Esri Enterprise GIS products and services for the next three years. Background The City currently uses Esri products in an Enterprise deployment to provide mapping and data resources to all City departments and the public. Esri services are also necessary for the continued operation of our asset management and land use management services. Fiscal and Policy Implications The cost of these services would be a total of $89,430.00 for three years. This would be paid in yearly increments of $27,500.00 plus tax. Moses Lake Council Packet 10-13-20, Page 81 of 113 Options Option Results • Move to authorize the City Manager to execute the contract GIS mapping services will continue • Modify the draft request Provide staff with specific changes • Take no action The agreement will not be executed Staff Recommendation Staff recommends City Council authorize the City Manager to execute the quote and agreement as presented. Attachments A. Esri Enterprise Agreement Quote and Renewal Contract Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Agreement Esri Enterprise Agreement Renewal October 6, 2020 Moses Lake Council Packet 10-13-20, Page 82 of 113 October 2th, 2020 Cindy Smith City of Moses Lake 321 S Balsam St Moses Lake, WA 98837 Dear Cindy, Thank you for being a long-time customer of Esri. We are looking forward to continue supporting City of Moses Lake’s GIS needs. Regarding the renewal of the Enterprise Agreement, I am providing proposed pricing and key business terms below. The Esri Enterprise Agreement (EA) will remain in effect for three years and grant City of Moses Lake uncapped access to the Esri products listed below. The agreement will be effective on 12/21/2020 and requires a firm three-year commitment. Although you have already deployed a considerable amount of Esri technology, our experience with similar customers indicates that there is significant potential to apply GIS in many additional areas within your organization. For these reasons, we believe that you will greatly benefit from an enterprise agreement. An EA offers numerous benefits including: •A lower cost per unit for licensed software •Substantially reduced administrative and procurement expenses •Maintenance on all Esri software identified in this proposal and deployed within the organization •Complete flexibility to deploy software products when and where needed Proposed payment terms for the EA, developed to reflect your anticipated deployment schedule, are as follows: Year 1 Year 2 Year 3 Total Annual EA Fee $27,500 $27,500 $27,500 $82,500 Moses Lake Council Packet 10-13-20, Page 83 of 113 Esri products and services to which City of Moses Lake will have uncapped, single use deployment rights during the term of this agreement include: • ArcGIS Desktop: Advanced, Standard, Basic (single use) • ArcGIS Desktop extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, and ArcGIS Data Reviewer (Single use) • ArcGIS Enterprise: Enterprise and Workgroup (Advanced and Standard) • ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, and ArcGIS Workflow Manager • ArcGIS Monitor • ArcGIS GIS Server: Advanced, Standard, Basic • ArcGIS Enterprise Optional Servers: ArcGIS Image Server, ArcGIS GeoEvent Server • Mapping and Charting solutions: Esri Production Mapping for Desktop • ArcGIS Engine • ArcGIS Engine extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, and ArcGIS Schematics • ArcGIS Runtime • ArcGIS Runtime Analysis Extension The EA also includes: • ArcGIS Online Named Users: including 50 Viewer named users and 50 Creator named users, with 10,000 annual credits • ArcGIS Enterprise Named Users: including 50 Creator named users The EA also includes the following additional components: • Esri International User Conference: 2 annual complimentary registrations • Authorized callers: 2 callers The following key business terms and conditions will apply to this EA: • All your employees, in-house contractors, and employees of affiliates in which you have more than a 50% ownership interest will be eligible to use the products and services listed above for the sole benefit of Licensee. Current affiliates will need to be identified in the final agreement. Employees and contractors at companies that you or its affiliates acquire, merge with, or gain an ownership interest in during the term of this agreement will not be eligible to participate in the EA without the mutual agreement of the parties. Moses Lake Council Packet 10-13-20, Page 84 of 113 • Software products and services included in this proposal may only be deployed and used at your locations in the United States. • Esri technology that may be embedded in any third-party products you acquire is not included under this agreement. • You will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users. • Esri products not included in this agreement may be purchased at pricing that you are normally eligible to receive for software and maintenance. • You will be automatically invoiced upon the effective date and at the start of each payment term thereafter. Payments are due within 30 days of invoice date. • You will provide Tier 1 technical support and will designate the quantity of individuals listed above who may directly contact Esri for Tier 2 technical support. • You will provide an annual report of installed Esri products to Esri. • You agree to abide by all United States export restrictions. • Esri products that are eligible for use in this agreement will be automatically available for downloading. • You will name Esri your company-wide GIS standard, will act as an Esri reference site, and will permit Esri to publicize your use of Esri products. • The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri’s standard licensing terms and conditions and the terms of the EA. • The details of this agreement will be confidential and may not be disclosed by the contracting parties. Esri and City of Moses Lake have a long and rich history working together. I appreciate the opportunity to present you with this proposal, and I believe it will greatly benefit your organization. Thank you very much for your consideration. Best regards, Dianna Noriega Enterprise Agreement Account Manager | Esri Global Water Practice Moses Lake Council Packet 10-13-20, Page 85 of 113 Quotation # Q-410353 Date: October 2, 2020 Customer # 294480 Contract # ENTERPRISE AGREEMENT City of Moses Lake Municipal Services 321 S Balsam St Moses Lake, WA 98837 ATTENTION: Cindy Smith PHONE: (509) 764-3754 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 10/2/2020 To: 12/21/2020 EMAIL: csmith@cityofml.com Material Qty Term Unit Price Total 168177 1 Year 1 $27,500.00 $27,500.00 Populations of 0 to 25,000 Small Government Term Enterprise License Agreement 168177 1 Year 2 $27,500.00 $27,500.00 Populations of 0 to 25,000 Small Government Term Enterprise License Agreement 168177 1 Year 3 $27,500.00 $27,500.00 Populations of 0 to 25,000 Small Government Term Enterprise License Agreement Subtotal:$82,500.00 Sales Tax: $6,930.00 Estimated Shipping and Handling (2 Day Delivery):$0.00 Contract Price Adjust:$0.00 Total:$89,430.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Dianna Noriega Email: dnoriega@esri.com Phone: (909) 793-2853 x3874 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use documentfound at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreementwith Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to yourpurchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms ofEsri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental applyto some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreementregarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any differentor additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotationinformation is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. Theinformation may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin. NORIEGAD This offer is limited to the terms and conditions incorporated and attached herein. Moses Lake Council Packet 10-13-20, Page 86 of 113 Quotation # Q-410353 Date: October 2, 2020 Customer # 294480 Contract # ENTERPRISE AGREEMENT City of Moses Lake Municipal Services 321 S Balsam St Moses Lake, WA 98837 ATTENTION: Cindy Smith PHONE: (509) 764-3754 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 10/2/2020 To: 12/21/2020 EMAIL: csmith@cityofml.com _________________________________________________________________________________________________________________________________ If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document. BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $___________, PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. Please check one of the following: ___ I agree to pay any applicable sales tax. ___ I am tax exempt, please contact me if exempt information is not currently on file with Esri. ___________________________________________ ________________________ Signature of Authorized Representative Date ___________________________________________ Name (Please Print) ___________________________________________ Title _________________________________________________________________________________________________________________________________ The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri). Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Dianna Noriega Email: dnoriega@esri.com Phone: (909) 793-2853 x3874 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use documentfound at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreementwith Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to yourpurchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms ofEsri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental applyto some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreementregarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any differentor additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotationinformation is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. Theinformation may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin. NORIEGAD This offer is limited to the terms and conditions incorporated and attached herein. Moses Lake Council Packet 10-13-20, Page 87 of 113 Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # Page 1 of 6 September 25, 2020 SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-1) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use)ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcGIS Runtime Analysis Extension Limited QuantitiesOne (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses 50 ArcGIS Online Viewers 50 ArcGIS Online Creators 10,000 ArcGIS Online Service Credits 50 ArcGIS Enterprise Creators 2 ArcGIS Insights in ArcGIS Enterprise 2 ArcGIS Insights in ArcGIS Online 5 ArcGIS Tracker for ArcGIS Enterprise 5 ArcGIS Tracker for ArcGIS Online 2 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 2 ArcGIS Utility Network User Type Extensions (Enterprise) OTHER BENEFITS Number of Esri User Conference registrations provided annually 2 Number of Tier 1 Help Desk individuals authorized to call Esri 2 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement *Additional sets of backup media may be purchased for a fee Moses Lake Council Packet 10-13-20, Page 88 of 113 Page 2 of 6 September 25, 2020 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTOMER CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): Moses Lake Council Packet 10-13-20, Page 89 of 113 Page 3 of 6 September 25, 2020 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en-us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third-party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government- Moses Lake Council Packet 10-13-20, Page 90 of 113 Page 4 of 6 September 25, 2020 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0—PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at https://support.esri.com/en/other-resources/product-life-cycle. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at https://www.esri.com/en-us/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a.Tier 1 Support 1.Customer will provide Tier 1 Supportthrough the Tier 1 Help Desk to allCustomer's authorized users. 2.The Tier 1 Help Desk will be fully trained inthe Products. 3.At a minimum, Tier 1 Support will includethose activities that assist the user inresolving how-to and operational questionsas well as questions on installation andtroubleshooting procedures. 4.The Tier 1 Help Desk will be the initial pointof contact for all questions and reporting of aCase. The Tier 1 Help Desk will obtain a fulldescription of each reported Case and thesystem configuration from the user. Thismay include obtaining any customizations,code samples, or data involved in the Case. 5.If the Tier 1 Help Desk cannot resolve theCase, an authorized Tier 1 Help Deskindividual may contact Tier 2 Support. TheTier 1 Help Desk will provide support in sucha way as to minimize repeat calls and makesolutions to problems available to Customer’s organization. 6.Tier 1 Help Desk individuals are the onlyindividuals authorized to contact Tier 2Support. Customer may change the Tier 1Help Desk individuals by written notice toEsri. b.Tier 2 Support 1.Tier 2 Support will log the calls receivedfrom Tier 1 Help Desk. 2.Tier 2 Support will review all informationcollected by and received from the Tier 1Help Desk including preliminary documentedtroubleshooting provided by the Tier 1 HelpDesk when Tier 2 Support is required. 3.Tier 2 Support may request that Tier 1 HelpDesk individuals provide verification of information, additional information, oranswers to additional questions to Moses Lake Council Packet 10-13-20, Page 91 of 113 Page 5 of 6 September 25, 2020 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4.Tier 2 Support will attempt to resolve theCase submitted by Tier 1 Help Desk. 5.When the Case is resolved, Tier 2 Supportwill communicate the information to Tier 1Help Desk, and Tier 1 Help Desk willdisseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a.Upon the Effective Date, Esri will invoiceCustomer and provide Authorization Codes toactivate the nondestructive copy protectionprogram that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b.Undisputed invoices will be due and payable within thirty (30) calendar days from the date ofinvoice. Esri reserves the right to suspendCustomer's access to and use of Products ifCustomer fails to pay any undisputed amountowed on or before its due date. Esri may chargeCustomer interest at a monthly rate equal to thelesser of one percent (1.0%) per month or themaximum rate permitted by applicable law onany overdue fees plus all expenses of collectionfor any overdue balance that remains unpaidten (10) days after Esri has notified Customer ofthe past-due balance. c.Esri's federal ID number is 95-2775-732. d.If requested, Esri will ship backup media to theship-to address identified on the OrderingDocument, FOB Destination, with shippingcharges prepaid. Customer acknowledges thatshould sales or use taxes become due as aresult of any shipments of tangible media, Esrihas a right to invoice and Customer will pay anysuch sales or use tax associated with the receiptof tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a.All orders pertaining to this Agreement will beprocessed through Customer's centralized pointof contact. b.The following information will be included ineach Ordering Document: (1)Customer name; Esri customer number, ifknown; and bill-to and ship-to addresses(2)Order number(3)Applicable annual payment due Moses Lake Council Packet 10-13-20, Page 92 of 113 Page 6 of 6 September 25, 2020 9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii)Customer's acquisition of another entity; or (iii) atransfer or sale of all or part of Customer'sorganization (subsections i, ii, and iii, collectivelyreferred to as "Ownership Change"). There will beno decrease in Fee as a result of any OwnershipChange. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Moses Lake Council Packet 10-13-20, Page 93 of 113 STAFF REPORT To: Mayor David Curnel, Council Members From: Allison Williams, City Manager Date: October 9, 2020 Proceeding Type: Old Business Subject: Council Committees – Resolution 3829 Legislative History: •First Presentation: •Second Presentation: •Action: City Manager reports September 22, 2020 Motion OVERVIEW: At the September 22 meeting of the Council, the Council agreed to populate Council committees: Municipal Services/Community Development (which includes Parks development projects), Public Safety and Finance. Council Members indicated their preferences to the City Manager. Following is a Resolution that will adopt the spreadsheet representing representation of Council Members on all committees including the new committees. If approved, the City Manager will work with each of the representatives to set new committee meeting dates starting in November. This Resolution and committee membership should be revisited annually to allow other Council members to rotate through committees. Financial Overview: Particularly for items that have a financial impact on the City, this provides an extra level of review before items come before Council for final decision. Options Option Results •Adopt Resolution Staff will proceed to schedule new committee meetings •Take no action Council organization continue as is. Staff Recommendation - Staff recommends moving forward with the organizational change. Moses Lake Council Packet 10-13-20, Page 94 of 113 Legal Review - Legal review of new Rules of Procedure. Moses Lake Council Packet 10-13-20, Page 95 of 113 RESOLUTION NO. 3829 A RESOLUTION DESIGNATING VOTING REPRESENTATIVES ON BEHALF OF THE CITY TO COUNCIL AND COMMUNITY BOARDS, COUNCILS AND ORGANIZATIONS Recitals: 1. Elected officials and staff of the City of Moses Lake serve as voting members of City Council designated and community boards, councils, and organizations. 2. The City Council of the City of Moses Lake desires to formalize the appointments to the Council and community boards, councils, and organizations on which they serve. Resolved: 1. The Mayor, council members, and staff shall serve as the City’s voting representative to the community boards, councils and organizations as set forth on Attachment “A” for one year, with an initial year of service through December 2021. ADOPTED by the City Council on October 13, 2020. ________________________________________ David Curnel, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 10-13-20, Page 96 of 113 COUNCIL COMMITTEE ASSIGNMENTS (2020) City Manager Position 5 Position 4 Position 1 Position 2 Position 3 Position 6 Position 7 2nd & 4th Tuesday 7:00 PM X X X X X X X X TBD X X TBD X X TBD X X As Needed X X X X Varies 2nd Wednesday 7 PM 2nd Friday at 12 PM Thurs. after the 1st Council mtg at 7:00 PM 2-3 times per year as needed X As Needed X X Quarterly X Quarterly X X X X X X X X X As Needed Dep. Mayor Jackson Council Meetings Boards, Councils & Organizations Meets Allison Williams Mayor Curnel Mike Riggs Karen Liebrecht Don Myers David Eck H. Dean Hankins Association of Grant County Cities and Towns Council Finance Committee Council Public Safety Committee Council Municipal Svcs/Comm. Dev. Committee Council Ad Hoc Homelessness Committee Wellness Committee Parks & Recreation Advisory Board Municipal Airport Advisory Board Planning Commission Lodging Tax Advisory Committee ML LEOFF 1 Disability Board Civil Service Commission Bridges Int'l Student Exchange Firemen's Pension Board RCW 41.16.020 None Required None Required None Required None Required None Required Updated: 10/9/2020 As Needed Moses Lake Council Packet 10-13-20, Page 97 of 113 COUNCIL COMMITTEE ASSIGNMENTS (2020) City Manager Position 5 Position 4 Position 1 Position 2 Position 3 Position 6 Position 7 3rd Wednesday at 7:00 AM X X 3rd Thursday at 6:30 PM X 2nd Wednesday at 6:00 PM X X X Boards, Councils & Organizations Meets Allison Williams Don Myers David Eck H. Dean Hankins Grant County Economic Development Council Grant County Transit Authority Grant County Health District ML Watershed Council Yonezawa Sister City Student Exchange Mayor Curnel Dep. Mayor Jackson Mike Riggs Karent Liebrecht Updated: 9/29/2020 Moses Lake Council Packet 10-13-20, Page 98 of 113 STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: September 15, 2020 Proceeding Type: New Business Subject: Request to Connect to City Water and Sewer- 2946 Road F.6 NE (Parcel # 170753001) Legislative History: • First Presentation: October 13, 2020 • Second Presentation: • Requested Action: Motion Staff Report Summary Barbara Gallaway requests approval to connect to the City’s water and sewer systems to serve a single-family residence on their lot, Parcel #170753001 located at 2946 Road F.6 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 proponent is requesting to connect to City water and sewer. 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 The water main and sewer force main on Westshore Drive NE were installed by the developers of the Moses Pointe development beginning in 2000. 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 10-13-20, Page 99 of 113 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 10-13-20, Page 100 of 113 9/15/2020 City of Moses Lake Utilities https://arcgis.cityofml.com/portal/apps/View/index.html?appid=ef1f84bdbe124701b15222e925ff36b8 1/1 City of Moses Lake Utilit…       City of Moses Lake - CMS +  − Moses Lake Council Packet 10-13-20, Page 101 of 113 1 Rob Harris From:barbara gallaway <bjgallaway2010@gmail.com> Sent:Monday, September 14, 2020 11:54 AM To:Rob Harris Subject:hook up city water and sewer Caution! This message was sent from outside your organization. Allow sender | Block sender i would like to hook up to city water and sewer. My address is 2946 RD F.6 NE Moses Lake Wa 98837 Thank you Barbara Gallaway Moses Lake Council Packet 10-13-20, Page 102 of 113 STAFF REPORT To: Allison Williams, City Manager From: Melissa Bethel, Community Development Director Date: October 8, 2020 Proceeding Type: New Business Subject: Aho Construction Sun Terrace Plat Extension Request Legislative History: • First Presentation: October 13, 2020 • Second Presentation: • Action: Motion Staff Report Summary Aho Construction has requested the first of two one-year extensions for the Preliminary Plat Approval for Sun Terrace Phases 5, 7, and 8. Aho has proposed the following timeline for completion. 1. Engineering completed for all three phases during the Fall of 2020. 2. Phase 5 and Phase 7 site construction is expected to be completed in Fall 2020 and Winter 2021. Final paving and Final plat recording for these two phases is expected in March of 2021. 3. Site construction for Phase 8 is expected to be competed in Fall 2021 to Winter 2022. The Final paving and Final Plat for Phase 8 is expected to be completed in March 2022. Planning staff circulated the request to the Engineering and Community Development Departments. Development Engineering is currently reviewing construction plans for Phases 5 and 7. Staff had no concerns regarding extending the Preliminary Plat approval and made no request for additional conditions or studies. The City Council shall render a decision and direct the Plat Administrator (Community Development Director) to issue a written decision approving or denying the time extension request and provide copies to affected agencies, the applicant, and those parties requesting a copy of such decision. Moses Lake Council Packet 10-13-20, Page 103 of 113 Background At its September 12, 2017, meeting the City Council granted a three-year extension to Aho Construction on the Preliminary Plat approvals of Sun Terrace Major Preliminary Plats 2, 3, 4, 5, 6, 7, and 8. This action extended the Preliminary Plat approval to January 2021. Sun Terrace Major Plats 2, 3, 4, and 6 have been completed and recorded. Upon approving the extension, Council requested staff provide draft code language to allow for additional extensions. At the regular meeting of the Moses Lake City Council on August 25, 2020, the City Council amended the Moses Lake Municipal Code to provide for a one-year extension of the preliminary plat approval. Fiscal and Policy Implications None Options Option Results • Grant one-year preliminary plat approval extensions The proponent will be able to complete the development as proposed. • Take no action. The proponent will be required to start the platting process over. Staff Recommendation Engineering and Community Development staff recommend approval of the Preliminary Plat approval extension request for Sun Terrace Phases 5, 7, and 8. Attachment A. Request from Ryan Billen to extend the preliminary plat approval B. Overall Phased Site Plan of Sun Terrace Legal Review N/A Moses Lake Council Packet 10-13-20, Page 104 of 113 September 15, 2020 Vivian Ramsey City of Moses Lake, WA 321 S Balsam Street Moses Lake, WA Via email: vramsey@cityofml.com Regarding: Preliminary Plat Extension Request Sun Terrace Project Moses Lake, WA PBS Project 66009 Dear Ms. Ramsey: On behalf of Aho Construction, this letter has been prepared by PBS Engineering and Environmental to formally request an extension of the Sun Terrace preliminary plat under item C, Section 17.12.100 of the Moses Lake Municipal Code, which was adopted via Ordinance No. 2955 on 8/31/2020. While Aho continues to make progress on construction of the Sun Terrace project, the plat is currently scheduled to expire in January of 2021. Aho anticipates being able to complete the project in several more years as detailed in the timeline below and requests the first of two 1-year extensions. This extension will accommodate the anticipated completion schedule and will provide some additional buffer to the timeline in case market conditions soften. ENGINEERING TIMELINE – PHASE 5, PHASE 7, PHASE 8 • Summer/Fall 2020 (all remaining phases) CONSTRUCTION TIMELINE – PHASE 5 AND PHASE 7 • Site Construction: Fall 2020 – Winter 2021 • Final Paving, record drawings and Final Plat: March 2021 CONSTRUCTION TIMELINE – PHASE 8 • Site Construction: Fall 2021 – Winter 2022 • Final Paving, record drawings and Final Plat: March 2022 Please feel free to contact me at 509.205.4681 or ryan.billen@pbsusa.com with any questions or comments. Sincerely, Ryan Billen, PE Project Civil Engineer cc: Jon Johnson, Aho Construction Moses Lake Council Packet 10-13-20, Page 105 of 113 CTRCCTn I.I I t I lit t,_=:,,S5l'l f I [ 1 I I I t.I.it.,'E: Ili I I'l I I Iq I 61 b'j'X5!)' ,sl I I I il : i ii I I I '-1!'5kj r-g STr',J:T L II I I I I I;g -i I I I I I I I II ,[ I II I I ,l ck-k" q< 1 )XTh 's(%S,. rl i zmcr ! 7III I , j .1 I l o o LLI MAR 1 5 2007 COIVI(Vitirsiu h utvt,i,ut'iviENT Pl,ANNlNG&BUltDING CrnopxrosBH(,,IHBI l,, I I FRONTAGE ROAD Moses Lake Council Packet 10-13-20, Page 106 of 113 STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: October 6, 2020 Proceeding Type: New Business Subject: Amend MLMC 10.12 Parking Regulations Ordinance 2957 Legislative History: •First Presentation: •Second Presentation: •Requested Action: September 22, 2020 Motion Staff Report Summary Attached is an ordinance that amends Moses Lake Municipal Code 10.12.035(A) entitled “Parking Regulations”. This amendment would add no parking on segments of Clover Drive, and Ninth Avenue, as well as create Section 10.12.038 to restrict parking within 15-feet of mailboxes. Background A.On the east side of Clover Drive, across from Lakeview Elementary School, students cross Clover Drive at unsafe crossing areas where parents park and wait for them. Elimination of parking at this location would encourage parents to park and wait at safer locations. B.The Street Division cannot maneuver Ninth Avenue, west of Balsam, during icy conditions, if cars are parked on the north side. C.We have received specific requests to limit parking adjacent to mailboxes, but a generic solution would cover all mailboxes. Fiscal and Policy Implications The Street Division will incur costs of installing and maintaining “No Parking” signs and curb paint. Moses Lake Council Packet 10-13-20, Page 107 of 113 Options Option Results • Adopt ordinance The City can proceed with installing “No Parking” signs. • Modify the ordinance Staff will prepare a new ordinance as directed. • Take no action The status quo will be maintained and parking will not be restricted. Staff Recommendation Staff recommends the City Council adopt the ordinance as presented. Attachments A. Ordinance amending MLMC 10.12 B Maps of Ninth Avenue and Clover Drive where parking is requested to be restricted C. Memo from School District Facilities Manager Legal Review – City Attorney provided draft ordinance on September 25. Moses Lake Council Packet 10-13-20, Page 108 of 113 ORDINANCE NO. 2957 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE CHAPTER 10.12 TITLED "PARKING REGULATIONS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 10.12.030 of the MLMC titled "Parking Signs Required" is amended as follows: Whenever by this chapter or any other ordinance or resolution, or order by the City Engineer any parking time limit is imposed or parking is prohibited on designated streets, appropriate signs shall be erected giving notice thereof, and no such regulations shall be effective unless such signs are erected and in place at the time of any alleged offense, except the restrictions and prohibitions of Moses Lake Municipal Code 10.12.025, 10.12.032, 10.12.037, 10.12.038, 10.12.040, 10.12.045, 10.12.050, 10.12.060, 10.12.070(C), and any state law shall not require any posting unless the Moses Lake Municipal Code or state law require posting. Section 2. Section 10.12.035(A) of the MLMC titled "Restricted Parking Areas" is amended to add the following streets and limits as follows: A. Prohibited Parking: Parking is prohibited at all times on the following named streets: Street Limits ………… Clover Drive Yonezawa Boulevard to SR-17, both sides Fairbanks Drive to Dahlia Drive, east side ………… Ninth Avenue Balsam Street to 100 feet west of Balsam Street, north side ………… Section 3. A new Section 10.12.038 titled “Parking Restrictions Adjacent to Mailboxes” is added as follows: 10.12.038 Parking Restrictions Adjacent to Mailboxes: Parking is not permitted within 15 feet of a mailbox. Moses Lake Council Packet 10-13-20, Page 109 of 113 Section 4. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 5. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary a as provided by law. Adopted by the City Council and signed by its Mayor on October 13, 2020. _______________________________ David Curnel, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: ______________________________________ Katherine Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins Aye Nay Abstain Absent Date Published: October 19, 2020 Date Effective: October 24, 2020 Moses Lake Council Packet 10-13-20, Page 110 of 113 /^i ! •••/••••• i i \ / ' i / /i _._.i i i ) 1 ii / / y i /.i ,••'/i ! ./' /.-•!»!,•••'/,•••' /,-•'1 i ,-/.5 1 i i , /,••'\1 /.-•'':l j /cs q s o -J o to \1 1 j j . X ! \•i j • \ ) /••••'^ / \ j i 1 \•i j ~^\ii yx \ •i /'-;'••.\ V \ i X ' \,•'\ \ i i - i . j ! ] ,-*""\ 1 /,•''X [ _ X /''X,1— — — — — — CITY OF MOSES LAKE Attachment B 1/2 Moses Lake Council Packet 10-13-20, Page 111 of 113 a rr, 6 --•—,.—..-..NINTHAVE. CITY OF MOSES LAKE \ S23 T 1 9 R2 r KyLlNE DR Attachment B 2/2 Moses Lake Council Packet 10-13-20, Page 112 of 113 Mike Moro From:Don Sherfey <dsherfey@mlsd161.org> Sent:Tuesday,September 01,2020 2:45 PM To:Mike Moro Subject:No Parking by Lakeview Caution! This message was sent from outside your organization.Allow sender | Block sender Hi Mike, We have a dangerous situation with kids being either picked up or dropped off from personal vehicles on the East side of Clover Dr.at Lakeview Elementary and crossing through traffic.Can we place No Parking signs,5 or 6,on East side of Clover Dr.between S.Fairbanks and S.Dahlia? Don Sherfey Facilities Manager Moses Lake School District 161 Office:509-793-7899 Cell:509-760-2104 dsherfey(5)mlsd161.org NOTICE OF PUBLIC DISCLOSURE:Correspondence from or to this e-mail address creates a public record that,in whole or in part,may be subject to disclosure pursuant to RCW 42.56,regardless of any claim of confidentiality or privilege asserted by anyone. Attachment C 1/1 Moses Lake Council Packet 10-13-20, Page 113 of 113